(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Acts and resolves passed by the General Court"

THE 



ACTS AND RESOLYES, 



PUBLIC AND PRIVATE, 



Province of the Massachusetts Bay: 



TO 'WHICH AKE PREFIXED 



THE CnAETERS OF THE PROVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published tJNDER Chapter 87 of the Resolves or the General Court 
OP the Commonwealth for the Year 1867. 



Volume XYIII., 
BEING VOLUME XIII. OF THE APPENDIX. 

containing 

KESOLVES, ETC., 1765-1774. 



.,. /■ , BOSTON<: ' ' ■ - 
WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
18 Post Office Square. 
1913. 



JANi-b 1913 
STATE HOUSE, BOSTON. 



.•? \ •' 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1765-66. 



[1] 



LEGISLATIVE LIST^ 



1765-66 



His Excellency FRANCIS BERNARD, 

Captain-General and Governor-in-chief, etc. 
ANDREW OLIVER,. Esq., 

SECRETARY OP THE PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the InhahUants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusetts Bay ; 



Hon. Thomas Hutchinsonn 
Benjamin Lynde 
Samuel Danforth 
Andrew Oliver 
Isaac Royall 
John Erving 
James Bowdoin 
Thomas Hubbard 
Israel Williams 



Harrison Gray 
John Choate 
James Russell 
Thomas Flucker 
EsQRS. Nathaniel Ropes 

Timothy Paine 
Royall Tyler 
Andrew Belcher 
John Chandler 



>ESQRS. 



Of the Inhabita7its of or Proprietors of Lands luithin the Territory formerly 
called the Colotiy of Neio Plymouth; 



George Leonard 
Gamaliel Bradford 



ESQRS. 



Peter Oliver 
James Otis 



[Esqrs, 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Province of Maine ; 

John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
betioeen the River of Sagadahoc <S Nova Scotia ; 

William Brattle, Esq. 

> See Legislative Records of the Council, xxvi., 1-5. 

[3j 



Province Laws {Resolves, etc.). — 1765-66. [Representatives.] 

For the Province, at large : — 
Benjamin Lincoln & Edmund Trowbridge, Esqrs. 



REPRESENTATIVES OR DEPUTIES. 
May 29, 1765 to April 5, 1766. 
Mr. SAMUEL WHITE, Speaker. 



County of Suffolk. 

Boston,^ . . . Hon. James Otis, Esq., 
Thomas Gushing, Esq., 
Oxenbridge Thacher, Esq. 
Mr. Thomas Gray. 

Roxbuj'y, . . Joseph Williams, Esq. 

Dorchester, . . John Robinson, Esq. 

Milton, . . . Stephen Miller, Esq. 

Braintree, . . Capt. Ebenezer Thayer. 

Weymouth, . . James Humphrey, Esq. 

Hincjham, . . Mr. Joshua Hearsey. 

Dedham, . . Samuel Dexter, Esq. 

Medjield, . . Mr. Seth Clark. 

Stoughton, . . Mr. Daniel Richards. 

Medway, . . Elisha Adams, Esq. 



County of Middlesex — Concluded. 



Salon, . . 

Ipswich, 

Newbury, . 
Newbury liort, 
Marblehead, 



Lynn, . 

Andover, 

Beverly, 

Rowley, . 

Salisbury, 

Haverhill, 

Olocester, 

Boxfoi'd, 

Alnisbury, 

Bradford, 

Danvers, 

Topsfield, 



County of Essex. 

. Andrew Oliver, Esq., 

William Brown, Esq. 
. Dr. John Calef. 
. Joseph (ierrish, Esq. 

Dudley Atkins, Esq. 

Jacob Fowle, Esq., 

William Bourn, Esq. 

Mr. Ebenezer Burrill. 

Samuel Phillips, Esq. 

Mr. Henry Herrick. 

Humphrey Hopson, Esq. 

Caleb Cushing, Esq. 

Richard Saltonstall, Esq. 

Thomas Saunders, Esq., 

Nathaniel Allen, Esq. 

Aaron Wood, Esq. 

Isaac Merrill, Esq. 

Benjamin Mulliken, Esq. 

Mr. Thomas Porter. 

Mr. Samuel Smith. 



County of Middlesex. 
Cambridge, . Andrew Bordman, Esq., 
Joseph Lee, Esq. 



Charlestown, 
Woburne, . 
Concord, . 
Beading, . 
Newton, 
Marlborough, 
Water town, 
Oroton, 
Shirley & 
Pepjicrrell, 
Billerica, . 
Framingham, 

Lexington, 
Weslo7i, 
Chelmsford, 
Maiden, 
Medford, . 
Sudbury, . 
Waltham, . 
Lincoln, 

Westford, . 
Hojikinston, 
Stowe, . 



Capt. Edward Sheafe. 
James Fowle, Esq. 
Charles Prescot, Esq. 
Ebenezer Nichols, p]sq. 
Capt. Abraham Fuller. 
Mr. Samuel Witt. 
Mr. Daniel Whitney. 

Abel Lawrence, Esq. 

Capt. Enoch Kidder. 

Joseph Buckminster, 
Esq. 

AVilliam Read, Esq. 

Mr. Abraham Bigelow. 

Sampson Stoddard, Esq. 

Capt. Ebenezer Harden.* 

Stephen Hall, Esq. 

John Noyes, Esq. 

Capt. Jonas Dix. 
. Hon. Chambers Russell, 

Esq. 
. Capt. Jonas Prescot. 

John Jones, Esq. 

Ilenrj' Gardner, Esq. 



County of Hampshire. 
Springfield & . \ John Worthington, Esq. 

Wilbraham, 
Northampton & 
Southampton, 
Hadley, 
South Hadley 
and Amherst, 
Hatfield, . 
Deerfield & 
Oreenfield, 
Westfield, . . 
Brimfcld and 
South Brimjield, 



) Josiah Dwight, Esq. 
> Timothy Dwight, Esq. 

]\Ir. Daniel Nash. 

Oliver Partridge, Esq. 
]\Ir. Jonathan Asliley, 

Jr. 
Eldad Taylor, Esq. 



Daniel Burt, Esq. 



Samuel Adams, chosen Representative from Boston, September 27, 1765. — House Journal, p. 
House Journal, p. 4, reads, "Harnden." 



129. 



[Representatives.] Province Ijxvf^ {Resolves, etc.). — ITGS-fJO. 



County 

Worcester, . . 
Lancaster, . 
Brookjield, 
Sutton, . 
Rtitland and 
Btitland Dis- 
trict, 

Westboroiiyh, . 
Southborough, 
Hardwicke, 

Shrewsbury, . 
Sturbridge, 
Bolton, . 
Oxford & 
Charlton, 
Leicester, Spen- 
cer, i& Paxton, 
Mendon, 
Harvard, . 
Ltmenburgh and 
Fitchburgh, 

County 

Plymouth, . 
Scituate, 
Marshfield, 
Duxbury, . 
Bridgwater, 
Middleborough, 
Rochester, . 
Plympton, . 
Pembroke, . 
Abingto7i, . 



OF WOUCKSTEU." 

John Chandler, Esq. 
. Mr. David Wilder. 
. Jedediah Foster, Esq. 
. Capt. Henry King. 

John Murray, Esq. 

, Francis Whipple, Esq. 

Ezra Taylor, Esq. 

Hon. Timothy Ruggles, 
Esq. 
. Artemas Ward, Esq. 

Moses Marcy, Esq. 

John Whitcomb, Esq. 

Mr. Josiah Wolcott. 

Capt. John Brown. 

Mr. Joseph Dorr, Jr. 
Capt. Israel Taylor. 

Edward Hartwell, Esq. 

OF Plymouth. 
Thomas Foster, Esq. 
Thomas Clap, Esq. 
John Winslow, Esq. 
Briggs Alden, Esq. 
Daniel Howard, Esq. 
Daniel Oliver, Esq. 
Mr. Elisha Barrow. 
Capt. John Bradford. 
Josiah Keen, Esq. 
Mr. Samuel Pool. 



County of Barnstable. 

Barnstable, . . Nymphas Marston, Esq. 

Sandwich, . . . Mr. Stephen Nye. 

Eastham and } t , ^ ^ 

Welfleet, J Jonathan Doane, Esq. 



County of Baunstablk — Concluded. 
Harwich, . . . Chillingworth Foster, 

Esq. 
Yarmouth, . . . Mr. David Thacher. 



County of Bristol. 



Taunton, 



Rehoboth, . 
S'wansey, . 
Dighton, . 
Dartmouth, 
Norton, 



Hon. Samuel AVhite, 

Esq., Speaker. 
Capt. James Clay. 
Jerathmeel Bowers, Esq. 
Ezra Richmond, Esq. 
Mr. Walter Spooner. 
George Leonard, Jr., 

Esq. 



Attleborough, . Mr. Ebenezer Lane. 
Freetown, 



Mr. Thomas Durfee. 



County of York.* 
York, . . . ^ . Jonathan Sayward, Esq. 
Kittery, . . . James Gowen, Esq. 
Wells, .... Josejjh Sayer, Esq. 
Berwick, . . . Benjamin Chadburn, 
Esq. 



Tisbury, 



Dukes County. 

. . James Athearn, Esq. 



In the County of Nantucket. 

Sherburne, . . Abishai Folger, Esq. 

County of Cumberland. 

Falmouth, . . Samuel Waldo, Esq. 
Scarborough, . Mr. John Stuart. 
North Yarmoicth, Jeremiah Powell, Esq. 
Oorham, . . . Solomon Lombard, Esq. 

County of Berkshire. ^ 

Stockbridge, . . Timothy Woodbridge, 

Esq. 
Pittsjield, . . . William Williams, Esq. 



* Ephraim Doolittle, chosen Representative from Worcester, September 27, 1765, in place of John 
Chandler, who was called to the Council. — House Journal, pp. 127, 128. 

^ Mr. Thomas Perkins, chosen Representative from Arundell.. June 22, 1765. — House Journal, p. 88. 
Samuel Jordan, chosen Representative from Biddeford, October 24, 1765. — House Journal, pp. 130, 131. 

^ John Chadwick, chosen Representative from Tyringham, June 7, 1765. — House Journal, p. 40. 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-ninth Day of May, A.D. 1765. 



CHAPTER 1. 

VOTE APPOINTING A COMMITTEE FOR THE REPAIRS OF CASTLE 

WILLIAM. 

The two Houses according to agreement, proceeded to the choice Legislative 
of a Committee to take care of the Eepairs that shall be necessary councif °* '''^ 
to be made at Castle William the present year; and the Votes being xxvi., 9.' 
brought in, sorted and counted; it appeared that Thomas Hubbard, Legislative 
Royall Tyler and Thomas Cushing Esq" M"" Thomas Gray and Cap* coundr**^'' 
Edward Sheaffe were chosen by a maiority of the Votes. [Passed j^^^i-. ^^ 

^, jjj L House Jour- 

Jlay 31. nal, p. 14. 

CHAPTER 2. 

RESOLVE IMPOWERING THO^ HUTCHINSON TO EXECUTE A DEED AND 
TO BRING ACTIONS OF EJECTMENT AGAINST PERSONS ILLEGALLY 
OCCUPYING PROVINCE LANDS, TO SELL THE SAME AND GIVE DEEDS 
THEREOF. 

A Memorial of Thomas Hutchinson Esq"" Setting forth That Legislative 
having been long since appointed one of the Commissioners for councif.xxvL, 
finishing the £100,000 Loan, and the whole being compleated ex- ^r^hivlfe^iv 
cept the Sale of one piece or tract of Land in Hanover; three 346. 
others in Rochester and one in middleborough ; he hath after many Mass. 
attempts viz' on the 23*^ of may last Sold the tract in Hanover being ^5?'^Hou8e^'' 
twenty acres to BenJ^ Stockbridge Esq"" for £27.6,8 and praying that ^.?Yo°'*y^P;,^'^' 
the said Sale may be confirmed, and that he may be specially im- ince Laws, 
powered to give a sufficient Deed therefor. xm., 42, chap. 

That no purchasers have appeared for the other tracts owing in 
part as he imagines to this cause viz* That since possession was 
delivered to the province certain persons have entered upon and 
improved them; that the said Lands are extremely poor, and in the 
whole do not amount to 200 Acres. That John Jeffries Esq'' with 
himself are the only surviving Commissioners of this Loan, and 
he apprehends a special authority will be necessary to eject the 
persons in possession, and to give a title to the Lands after they 
are recovered. And praying that the Court would take such order 
therein as they in their wisdom shall think meet. 

Read and 

Resolved that the Hono*^'® Thomas Hutchinson Esq'' be and hereby 
is fully Impowered to Give a good and Sufficient Deed of the tv/enty 

[7] 



Province Laws {Resolves, etc. ) . — 1765-66. [Chaps. 3, 4.] 

acres of Land Mentioned in the memorial Sold to Benjamin stock- 
bridge Esq"" the money for which s^ Land was sold to be Returned 
into the Province Treasury, and that y° said Hon''''^ Thomas Hutch- 
inson Esq"" be & hereby is fully Impowered to bring actions of Eject- 
ment on any Persons that may be in Possession of any of the other 
Tracts of Land mentioned in said memorial: and Prosecute y^ Same 
to Effect and to sell and dispose of the whole of said Lands and 
Give Good and sufficient Deeds of the same in behalf of the Prov- 
ince and Pay y*^ money produced by y*^ sale of said Lands into the 
Province Treasury that so the whole affair may be finished. [Passed 
June 4. 



CHAPTER 3 



Legislative 

Records of the 
Council, xxvi., 
12. 

House Jour- 
nal, p. 23. 



RESOLVE SETTING OFF DAVID AND JAJtfES EDSON WITH THEIR 
ESTATES FROM THE EAST PRECINCT IN BRIDGEWATER TO THE 
NORTH PRECINCT THEREOF. 

A Petition of David Edson and James Edson both of the East 
precinct in Bridgewater Setting forth That they live remote from 
the House for Public Worship in the s** East precinct, and much 
nearer to that in the north precinct, whereupon they have applied 
to be dismissed from the said East precinct and admitted into the 
north ; and the said precincts have accordingly granted the prayer 
of their said petitions, excepting only their meadow at a place called 
Snells meadow, which it is agreed shall remain to the East precinct. 
And praying that this Court would set off them &, their Estates 
excepting as aforesaid to the north precinct accordingly. 

[Read and] 

Resolved Va2i.i the prayer of this petition be granted, and that the 
Petitioners David Edson and James Edson with their Families and 
Estates except their meadow at a place called Snell's meadow, be 
and hereby are set off from the East precinct in Bridgwater and 
annexed to the north precinct in Bridgewater, there to do duty and 
receive priviledges. [Passed Jxcne 5. 



CHAPTER 4. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF WORCES- 
TER COUNTY. 



Legislative 
Records of the 
Council, xxvi., 
13. 

House Jour- 
nal, pp. 14, 29. 
Province 
Laws, xvi., 573, 
chap. 18; xvii., 
528, chap. 39. 



The Account of John Chandler Esq' Treasurer of the County 
of Worcester, having been laid before the Court for their allow- 
ance, the following Order passed thereon viz* 

Read and 

Resolved that the within account being right cast and well Vouched 
be allowed, and that the Treasurer be discharged of the Sum of 
£275.9.1% which he has paid by the Order of the Court of Ses- 
sions, and that the balance of the Sum of £118.19.414 exclusive 
of the Taxes laid on the Town of Woodstock still remaining due 
to the County, and is outstanding in the hands of several Consta- 
bles, he be further accountable for when by him received. [Passed 
June 5. 



[1st Sess.] Province Laws {Resolves, etc.). — 1765-66. 



CHAPTEE 5. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 

The Account of John Cotton Esq'' Treasurer of the County of Legislative 

Plymouth, having been hiid before the Court for their allowance, councu.xxvh, 

•^ - ^ - ■ ■ ■ 13. 



the following Order passed thereon viz* 

"Rpiifl and House Jour- 

Resolved that the within Account being right cast and well vouched, 
be allowed, and that the Treasurer be discharged of the Sum of One 
hundred twenty two pounds, twelve shillings and two pence, which 
he has paid by the order of the Court of Sessions, and that a bal- 
ance of the Sum of Sixty one pounds and five shillings due to the 
County, he be further accountable for. \^Passed June 5. 



CHAPTEE 6. 

RESOLVE ALLOWING THE ACCOUNT OF THE TRUSTEES OF HASSANI- 

MISCO INDIANS. 

The Account of Artemus Ward Esq'' and others, Trustees of the Legislative 
Hassanamisco Indians, having been laid before the Court for their coundf.xiVi? 
allowance, the following Order passed thereon viz' i4- Mass. 

Kead and xxxui., 334. 



Resolved that the within accounts are right cast and well vouched Mass. 
and that the Ball^ of six pounds seven Shill^'* and four pence due to xxxiif^lb 
the said Indians the Trustees be further Accountable for. \ Passed House Jour- 

j ^ nal, p. 28. 

June O. Province 

La\YS, xvii., 

269, chap. 1U4. 



CHAPTEE 7. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN- 
STABLE COUNTY. 

The Account of Solomon Otis Treasurer for the County of Legislative 
Barnstable having been laid before the Court for their allowance council, xxvi., 
the following Order passed thereon Viz' ^5: 

Eead and Kp.h?3-2. 

Resolved that the within Account being right cast and well vouched 
be allowed, and that the Treasurer be discharged of the Sum of One 
hundred and fifty eight pounds fifteen shillings and seven pence 
farthing which he has paid by order of the Court of Sessions; and 
that a balance of three pounds, seven shillings & 7''% due to the 
County he be further accountable for. \^Passed Ju7ie 6. 



10 



Province Laws (Resolves, etc.). — 1765-66. [Chaps. 8-10.] 



Legislative 
Records of the 
Council, xxvi., 
15. 

House Jour- 
nal, pp. 14,31, 
32. 



CHAPTER 8. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 

The Account of John Choate Esq'' Treasurer for the County 
of Essex having been laid before the Court for their alloAvance, the 
following Order passed thereon viz' 

Eead and 

Resolvedihiki the within Account being right cast and well vouched 
be allowed, and that the Treasurer be discharged of the Sum of Eight 
hundred and ninety pounds fourteen shillings and a half penny which 
he has paid by order of the Court of Sessions, and that a balance 
of Twelve hundred and eighty two pounds, eleven shillings and six 
pence due to the County he be further accountable for. \^Passed 
June 6. 



CHAPTER 9. 

RESOLVE IMPOWERING THE SEVERAL TOWNS IN THE COUNTY OF 
YORK TO CHOOSE A COUNTY TREASURER. 



Learislativc 
Records of the 
Council, xxvi., 
15. 

House Jour- 
nal, pp. 34, 35. 
Province 
Laws, 1., 63, 
chap. 27. 



Whereas it appears that the several Towns in the County of 
York in March last did vote for a County Treasurer, and Return 
of the Votes was made to the Court of General Sessions of the 
peace held in said County in April last past and upon Counting 
the Votes it appeared that there was no Majority of Votes for any 
person to be Treasurer of said County the current year: And being 
no provision in the Law to enable the Towns in said County to pro- 
ceed to the choice of a County Treasurer the present year without 
the aid of this Court. Therefore 

Resolved^ That the several Towns in the County of York at their 
Meetings legally called and held for that j^urpose, are hereby im- 
powered to proceed to the choice of a County Treasurer, they ob- 
serving the Eules of the Laws relating to the choice of County 
Treasurers, and the Votes being returned to the next Court of Gen- 
eral Sessions of the peace to be holden in said County, the person 
appearing to be chosen by tlie Majority of Votes, be as fully im- 
powered to act as Treasurer for said County to all intents and pur- 
poses the current year, as if he had been chosen in March last. 
\^Passed June 6. 



CHAPTER 10. 



RESOLVE ALLOWING £8 TO ALEX^ STUART. 



Legislative 
Records of the 
Council, xxvi., 
16. Mass. 
Archives, xva., 
278. 

Mass. 

Archives, xv*., 
277. House 
Journal, pp. 24, 
34. Proviui'e 
Laws, xvii., 
579, chap. 154. 



A Petition of Alexander Stuart Setting forth That the Gen- 
eral Court did the last Fall upon his petition representing his dis- 
tressed Circumstances, grant the Sum of Three pounds for his relief; 
that the said Sum is expended, and he is now again in the like neces- 
sitous circumstances. And praying the further help of the Court. 

[Eead and] 

Resolved that the prayer of this Pe*^" be so far granted as that 
the Province Treasurer be directed to pay into the hands of Cap' 



[1st Sess.] Province Laws {Resolves^ etc.). — 1765-66. 11 

Edward Sheaffe A Sum not exceeding eight pounds in order to pro- 
vide a passage for the Pef to Ireland and for no other purpose. 
\^Pass6d June 6. 



CHAPTER 11. 

RESOLVE ALLOWING £2. 19. 1 TO RUTH HOLMES. 

A Petition of Ruth Holmes, Widow of Jedediah Holmes late Legislative 
of Middleborough Setting forth, That her said Husband on the councif.xiVu, 
15'" day of march 1762 inlisted into his majesty's Service in the ^'ychfv'ei^' 
pay of the Province, was in Cap' Ephraim Holmes Company of Col° ixxx., 576. 
Hoar's Regiment, and marched to Castle William, where he Sickned Mass. 
and Died on the last of April: That he was not made up in any f^^^^J^^i 
muster Roll, and praying relief. House .Jour- 

Read and 

Resolved, that the Widow Ruth Holmes be paid out of the prov- 
ince Treasury, the Sum of two Pounds, nineteen Shillings & a penny, 
being the Wages, that was due to her late Husband, for the Time 
he was in his Majesty's Service, which was never receiv'd, by reason 
of his not being made up in the Muster Roll. The said money to be 
paid to Dan^ Oliver Esq'' for her use. [Passed June 6. 



CHAPTER 12. 

ORDER ALLOWING £L 2. 6i TO JOS" PERRY. 



A Petition of Joseph Perry Setting forth. That he hath care- Legislative 
fully applied to the use of Alexander Stuart the Sum of Three cofmctf, xxv*!!; 

pounds granted him by the General Court, which Money being ex- ^ 

hausted he was still obliged to expend upon him the further Sum House Jour- 
of One pound two shillings and G** Y2 or the said Stuart must have ^upra, ciiai). 
suffered. And praying he may be reimbursed said Sum. ^"• 

Read and in Answer 

Ot^dered that the Sum of One pound two shillings & 6*^ i/^ be paid 
out of the public Treasury to Col" Buckminster for the use of the 
petitioner in consideration of his Expences on said Stuart. And 
that the s*^ Perry be discharged of the Three pounds which he re- 
ceived out of the Treasury for the use of said Stuart. [Passed 
June 6. 



CHAPTER 13. 

RESOLVE ALLOWING £2. 18. 10 EACH TO MOSES AND ADONIJAH BALL 
AND £1. 16. 2 EACH TO DIVERS OTHER PERSONS. 

A Petition of David Twitchell and others, Soldiers in the pay Legislative 
of the Province in Cap' Page's Company of Col° Ruggles's Regi-^^^^'^'lf,^**^^ 
ment in 1760 Setting forth That they were by mistake made up ij- Mass. 

^1/ ^ -L A rc 111 V G s 

in the Roll twenty four days short of the time of their Service, ixxx., .itI 
And praying an allowance. Mass. 

Read (together with the Pet"« of Isaac and Moses Ball) and ^xxIJot. 



, XXVI., 



12 



Province I^a^v^ {Resolves, etc.). — 1765-66. [Chaps. 14, 15.] 



Su^p^ 35!^'^" Resolved that the following Sums be paid to Cap' William Page 

for the Use of the soldiers hereafter named in full for their pay 
and billeting Viz 

For Moses Ball £2. 18. 10 

For Adonijah Ball , £2. 18. 10 

For David Twitchell I 

Elipluilet Morey | 

Silas Shuttock \ each £1. 16. 2 

Thaddeus Houghton ......... I 

Stephen Lord .......... J 

\^Passed June 6. 



CHAPTER 14. 

ORDER IMPOWERING PHINEAS HEYWOOD, GUARDIAN, TO EXECUTE A 

DEED. 



Legislative 
Records of the 
Council, xxvi., 

18^ 

House Jour- 
nal, pp. 30, 35, 



A Petition of Phineas Heywood of Shrewsbury, Guardian to 
Samuel Lee of Rutland District a Man deaf and dumb Setting 
forth. That the said Samuel Lee hath with the consent of the 
petitioner taken into his House his Brother Charles Lee a Tanner 
and allowed him to build a Tan house, and make a Tanyard on a 
part of his Farm; and that the said Samuel proposes that his Brother 
Charles should have a Deed of Six acres and eleven Rods of Land 
where he hath placed the said Tanyard and House : but it being a 
matter of doubt whether a Conveyance from the said Samuel can 
be good, as he is under the care of a Guardian; the petitioner prays 
that he may be Enabled as Guardian to the said Samuel Lee to 
execute a Deed of the premises. 

[Read and] 

Ordered that the prayer of the petition be granted, and that the 
petitioner be and he hereby is fully authorized and impowered to 
make and Execute a good Deed of Sale to the said Charles Lee of 
the Six Acres and Eleven Rods of Land mentioned in the said peti- 
tion; the said Charles paying unto the said Phineas Heywood so 
much as the same Land is reasonably worth for the use of the said 
Samuel, and to account for the same with the Judge of .Probate 
for the County of Worcester when required. [Passed June 7. 



CHAPTER 15. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
FOR THE COUNTY OF HAJMPSHIRE AND ALLOWING 12/ FOR THE EX- 
PENSE THEREOF. 



Legislative 
Records of the 
Council, xxvi., 
20. 

House .Jour- 
nal, p. 44. 
Province 
Laws, xvii., 
532, chap. 50. 



The Committee appointed to Farm out the duties of Excise upon 
Tea Coffee and China ware in the County of Hampshire reported 
that they had Sold the same to M'' William Eastman for Thirty 
pounds, and had taken Bond for the same, which Bond they had 
delivered to the Province Treasurer. And praying allowance for 
their time and expence. 

Read and 

Ordered that this Report be accepted; and that the Committee 
be allowed twelve shillings out of the public Treasury for their time 
& expence in that affair. [Passed June 11. 



[1st Sess.] Province Laws (liesolves, etc.). — 17*35-GG. 13 



CHAPTER 16. 

ORDER REMITTING THE TAX FOR 1701 LAID UPON TOWNSHIP N" 4 

[BECKET]. 

A Petition of Eldad Taylor Esq"' in behalf of the Inhabitants Legislative 
of the Township N'' 4 in the County of Berkshire Setting fortli coS.xxv^^. 
That apprehending themselves over Rated in the valuation taken 2"- J^iass. 
in the year ITGl, they thereupon applied to the General Court for cxviii., uy. 
relief who abated them tlie Sum of £55.0.3 assessed on them in Mass! 
the year 17G1 and the further Sum of £36.17.6 assessed on them ^x'v'm^lfg. 
in 1763 That there is now a Tax of £36.17.6 laid on them for the House Jour- 
year 1764 which they are as unable to pay as either of the former d. 'province' 
Sums, and the more so, as they have lost their Minister, and met ch^i^.'ir^'i^i' 
with loss other ways And praying that the Court would again con- cjiap. lol^Tii', 
sider the difficulty's they labour under, and grant them relief. note'.' ' ' ' 

Eead and 

Ordered that the Tax laid upon the Township N° 4 for the Year 
1764 as within mentioned be remitted them in consideration of the 
Losses mentioned. [Passed June 11. 



CHAPTER 17. 

ORDER REMITTING THE EXCISE ON SPIRITUOUS LIQUORS TO HEWIT 

ROOT. 

A Petition of Hewit Eoot of Great Barrington, Setting forth Rgfords'onhe 
That he hath for divers years past been Licensed to keep a public council, xxvi., 
House in s*^ Town ; That in Novem"" last his House took fire in the ArcWvtfstcxi. 

Night and was burnt down with a great part of his Goods and Effects, ^_^ 

that he saved one hogshead of Hum, the most of which he expended Mass. 
on his friends and Workmen who assisted in setting him up another 544. House'^*"' 
House. And praying that in consideration of his loss and expence f^.'^pro'vince^' 
aforesaid his Excise for the present year may be remitted him. Laws, iv., 792, 

note 

Read and 

Ordered that the Excise upon what Spirituous Liquors the Pef 
shall have Sold within the Space of one Year commencing from the 
first Tuesday of September last be remitted to the Pef provided the 
quantity does not exceed three hundred Gallons. [Passed June 12. 



CHAPTER 18. 

ORDER IMPOWERING JN^ BOSWORTH, GUARDIAN, TO JOIN- IN A SALE 
OF REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of John Bosworth and Sarah his Wife, Susanna Legislative 
Jackson Spinster, Micah Gurney & Hope his Wife, & Jn" Bosworth couucu, xl vl! 
Guardian of Hannah Jackson, Deborah Jackson & Rebecca Jack- '^3. 
son Minors Children of Benjamin Jackson late of Halifax Cord- House Jour- 
wainer deceased Setting forth, that the said Sarah, Susanna & Hope °^ • P' 



14 



Province Laws {Resolves ,etc.). — 176 5-6 6 . [ Chap . 19.] 



with the said Minors are the only Children and Heirs of tlie said 
deceased : That he died seized of about twelve or thirteen Acres of 
Land with a small Dwelling House and Barn thereon, which cannot 
be Divided among them. And praying that the said Guardian may 
be impowered to join with the other Heirs in the Sale of the said 
Estate; he to be accountable. 

Eead and 

Ordered that the prayer of the petition be granted; and that John 
Bosworth the within named Guardian be, and hereby is authorised 
& impowered in his said capacity to join with the other Heirs in 
the Sale of tlie premises, and to make and Execute a good Deed 
or Deeds thereof in the Law, he first giving due caution to the 
Judge of Probate for the County of Plymouth that the proceeds 
of the said Minors shares coming by said Sale shall be secured for 
the use and benefit of the said Minors; and provided also that one 
third part of the annual income or Interest of the Monies coming 
by such Sale be reserved & secured to the Widow of the deceased 
during her natural life instead of her Dower in the premises. 
\^Passed June 12. 



CHAPTER 19. 



ORDER IMPOWERING ANN CHENEY TO SELL REAL ESTATE AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
24. 

House Jour- 
nal, pp. 47, 48. 
Province 
Laws, 11., 151, 
chap. 10. 



A Petition of Ann Cheney Widow of Ephraim Cheney late of 
Medfield deceased Setting forth That the said deceased left the 
petitioner the improvement of all the Estate he died possessed of 
during her natural life, that said Estate consists of a House, Barn 
& Grist Mill Land &c That by the great Ereshets in the Spring the 
Mill Dam was carried away, and the Mill itself greatly damaged : 
That neither the petitioner nor any of her Children are able to 
repair the same; that the Children are all consenting that the said 
Estate should be Sold, but that one of them being a Minor they 
are not able to give a title to the Estate. And praying that she may 
be impowered to execute a good & sufficient Deed to the purchaser 
or purchasers, she to be accountable. 

Read and 

Ordered that the prayer of the petition be granted, and that Ann 
Cheney be and hereby is impowered to make Sale of the within 
mentioned premises for the most they will fetch, and to make and 
Execute a good Deed or Deeds thereof in the Law; she observing 
the directions of the Law for the Sale of Eeal Estates by Executors 
or Administrators & giving proper caution to the Judge of Probate 
for the County of Suifolk that the monies arising by the said Sale 
shall be well secured for the benefit of the Children of the deceased, 
excepting and reserving the Interest thereof for the use of the peti- 
tioner during her natural life. \^Passed June 12. 



[1st Sess.] Province Laws {Resolves, etc.). — 1765-66. 15 

CHAPTER 20. 

ORDER ALLOWING £6 TO JAMES AUAMS. 

A Petition of James Adams of New Braintree in the County Legislative 
of Worcester Setting forth, That he was in his Majesty's service coum^rxxvL 
in 1759 under Cap* Robinson, and was as he apprehends intitled '■^- .^^f^- 
to the Province Bounty of Six pounds allowed to those who inlisted ixx'x.757^(5. 
for the reasons mentioned in his Petition. And praying that he may uam. 
be allowed to receive the same. Archives, 

-r, 1 1 Ixxx., 569. 

Kead and House Jour- 

Ordered that the prayer of the Pet" be granted and that the Pet' provi'nce*''*' ^°" 
recieve Six pounds out of the publick Treasury to be paid into the ^/'^^•^'•» ^'^'^' 
hands of Brig^ Euggles accordingly. \^Passed June 12. ^ ^^' 



CHAPTER 21. 

ORDER IMPOWERING SUSANNA SOUTHWORTH, ADM^ AND GUARDIAN, 
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 

A Petition of Susanna Southworth Widow of Nath' Southworth Legislative 
of Middleborough Setting forth That the said Nathaniel with councif, xxvl, 

divers other persons were interested in a certain parcel of Land '^— 

on which is built a Dam across Namasket River, and a Saw Mill, ^^^^^ '/,?"''" 

Grist Mill & Forge erected thereon. That she finds herself unable Province 

to carry on the business with the other partners, and that the de- cifap^o.'' ^^^' 

ceased left only one Child a daughter: And praying that she may 

be enabled to Sell the said Estate, the Money arising by said Sale 

to be improved at Interest for the benefit of herself and her said 

Child. 

Read and 

Ordered, that the prayer of the within petition be granted, and 
that the petitioner Susanna Southworth as Admin^ of the Estate 
of her late Husband Nathaniel Southworth and Guardian to his 
only Child a Minor be, and she is hereby impowered to make Sale 
of the deceaseds interest in the Land and Works thereon, as in said 
petition mentioned; she observing the directions of the Law for the 
Sale of Real Estates by Executors or Administrators, and giving 
sufficient caution to the Judge of Probate for the County of Plym- 
outh, that the proceeds of said Sale together with the Interest thereon 
shall be paid to the said Minor on her arrival at Age or Marriage : 
Saving to the said Susanna the lawful Interest of one third part 
of the said proceeds during her natural life in lieu of her right of 
dower in the premises. \_Passed June 12. 



16 



Province Laws (Hesolves, etc.). — 1 76o-f)6. [Chaps. 22, 23.] 



CHAPTER 22. 



ORDER ALLOWING £11. 12. 8 TO THE TOWN OF LEXINGTON. 



Legislative 
Kecords of the 
Council, xxvi., 
26. Mass. 
Archives, 
Ixxx., 572. 

Mass. 
Archives, 
Ixxx., 571; 
ccliii., i'i. 
House Jour- 
nal, p. 57. 



A Petition of Hamilton Hussey Setting forth That he was 
born in the West of England, and being pressed aboard his Maj- 
esty's Ship the Deptford came with the forces to Quebec and con- 
tinued in his majesty's Service till the War ended; that in May 1764 
he came to Lexington and was soon after warned out of Town ; that 
he continued there however till the Fall of the year, when lie un- 
happily run a nail into his Knee and put it out of joint, which has 
rendered him a Cripple ever since : And being a stranger and desti- 
tute of friends in the Country praying relief, 

Eead and 

Ordered that the Sum of eleven pounds twelve Shillings and eight 
pence in full discharge of the expences in the Ace' annexed be paid 
out of the publick Treasury to William Reed Esq"' for the use of 
the Town of Lexington. [Passed June 13. 



CHAPTER 23. 



RESOLVE ALLOWING £42 AND A FURTHER SUM OF £30 TO REV" M« 
ELEAZ8 WHEELOCK. 



Legislative 
Records of the 
Council, xxvi., 
26. 

Mass. 
Archives, 
xxxiii., 341. 
House Jour- 
nal, pp. 32, 41, 
47. Province 
Laws, iv.,564, 
note,; xvii., 62, 
chap. 150. 



A Petition of the Rev*^ M' Eleazer Wheelock of Lebanon Set- 
ting forth That he hath so far instructed the six Mohawk Indian 
Boys in his School whom this Government had taken under their 
patronage as that they are now qualified to teach School among 
their own Nation, and it is now thought proper that they should 
return home for a Season and be imployed in that business under 
the Conduct and direction of several Missionaries who are appointed 
to go among the Six Nations. That he is encouraged by S"" W'" John- 
son to expect some more of the Youth. And praying that he may 
be allowed now to receive the Interest of Sir Peter Warren's Dona- 
tion for the last half year, and that tlie Court would continue this 
allowance to him for the Cloathing these youth that are now going, 
and for supporting them in their absence; and towards the support- 
ing and instructing three more that will be left still under liis care. 

[Read and] 

Resolved that there be paid to the Rev*^ M' Eleazer Wheelock the 
sum of Forty two pounds for the Boarding and Educating the Indian 
Boys in his petition mentioned for seven Months ending the 27^^ 
day of June current. And that the further Sum of Thirty pounds 
be paid to the said M' Wheelock in order to Cloath said Indian 
boys for their decent Return to their friends, and both Sums to 
be paid out of the Interest of S' Peter Warren's Donation; and 
that the application of such Interest to the maintenance of Indian 
Boys in the Colony of Connecticut discontinue and cease. [Passed 
June 13. 



[1st Sess.] Province Laws (liesolves, etc.). — 1765-66. 17 



CHAPTER 24. 

RESOLVE IMPOWERING THE GUARDIANS OF NATICK INDIANS TO SELL 
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Samuel Morse of Natick in behalf of Ilezekiah n®?'^'f"^P»h 
Comecho, an Indian Orphan of said place about ten years of age councu, xxvi., 
Setting forth That the said Hezekiah is Seized in fee of about Arcii^vcB!' 
ten acres of Land which lies at a distance from any Eoad, and is xxxui.. 339. 
so broken as to be unfit for a Settlement; that it Eents but for eight Mass. 
shillings a year, whereas the Interest of the Money it would Sell xxxuufsss. 
for would probably amount to Six or seven times as much. And na^jp "3^7^56 
praying; that the Guardians of the Natick Indians may be impow- 57. * Province 
ered to make Sale of the said Land and improve the money it shall chap. Ve, note.' 
sell for, for the benefit of the said Orphan. 

[Read and] 

Resolved that the Prayer of this Petition be Granted and that 
the Gaurdians of the Natick Indians be and are hereby fully Im- 
powered to make Sale of the ten Acres of Land mentioned in Said 
Petition for the most the Same Will fetch and to execute a Good 
Deed thereof & the money arising by the Sale thereof Be Put out 
to Interest for the Benefitt of the Said Hezekiah Comecho & paid 
him when he shall Come of age, the S*^ Gaurdians to be account- 
able to this Court for their Proceedings. [Passed June 13. 



CHAPTER 25. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
THO^ TORRE Y TO RE-ENTER AN ACTION. 

A Petition of Thomas Torrey of Plymouth Setting forth That Legislative 
he was served with a Writ from Eobert Williams of Braintree and council^ xxvi?, 
Summoned to appear at the Inferior Court of Common pleas at ?!: 



Boston in the County of Suffolk on the first Tuesday of July 1764 n^T'T'^srK 
in which Writ was included Isaac Thomas of Hardwicke in the 56. 
County of Worcester, who as the petitioner apprehends was never 
served therewith That the petitioner was not able to appear in Bos- 
ton on Account of the small pox which was then there ; but employed 
M'' Adams to appear as his Attorney, that the petitioner however was 
called out before M" Adams got to Boston, and the said Williams 
recovered Judgment for £0.19.1014: and Costs taxed at £3.12. And 
praying that he may be impowered to re-enter his Action, that so 
the same may be tried at the next Inferior Court of Common pleas 
to be holden for the County of Suffolk, and that Execution may 
be stayed in the mean time. 

[Read and] 

Ordered that the petitioner Tho^ Torrey serve the adverse party 
Robert Williams with a Copy of this petition, that he shew cause 
if any he hath why the prayer thereof should not be granted on 
the second Wednesday of the next Sitting of this Court, and that 
Execution as mentioned in the petition be stayed in the mean time, 
provided the Petitioner give sufficient security to the Sheriff of the 
County of Plymouth to pay such Sum as shall finally be adjudged 
due. [Passed June 13. 



18 



Province Laws {Resolves, etc.). — 1765-66. [Chaps. 26, 27.] 



Legislative 
Records of the 
Council, xxvi., 

28. 

House Jour- 
nal, pp. 57, 58. 
Province 
Laws, iv., 927, 
note. 



CHAPTER 26. 

RESOLVE IN REGARD TO TAXES IN NEWBURY AND NEWBURYPORT. 

Whereas the Tax laid upon the Town of Newburyport on tlie 
Division of the Tax of the whole Town in the year 1764 was not 
taken from any valuation and perfect Lists of the assessments laid 
on the Inhabitants of Newburyport for Lands within the Town of 
Newbury by said Town, and also 9n Newbury by Newburyport can- 
not be obtained for want of time this Session. Therefore ; 

Resolved, That the Assessors of Newbury for the year ITGl together 
with the Assessors of Newburyport for the present year be directed 
to prepare such List according to the last valuation taken thro' the 
Province in the year 1701, and make return of such List to this 
Court at their next Session; and if it appears by such List that the 
Tax now laid upon each Town is unequal, it shall then be set right 
in the next Tax Bill and the Sum or Sums so assessed since the 
Division of the Town shall be repaid to either Town. {^Passed 
June 14. 



CHAPTER 27. 



Legislative 
Records of the 
Council, xxvi., 

29. 

Legislative 
Records of the 
Council, XXV., 
242. House 
Journal, p. iiO 
(June, 1764) ; 
p. 45. 



RESOLVE ACCEPTING REPORT OF COMMITTEE ON GENERAL ACCOUNT 
OF THE PROVINCE TREASURER FROM MAY, 1764, TO MAY 29, 1765, 
AND DISCHARGING HIM OF £225,363. 

An Account of Harrison Gray Esq^ Treasurer & Receiver Gen- 
eral of the Province dated 29^'^ May 1765, having been previously 
examined by the several Committee's of the two Houses respectively, 
their report was read which is as follows viz'' 

The Committee to whom was referred the Examination of the 
Acco'^ of Harrison Gray Esq' Treasurer and Receiver General of 
his Majesty's Revenues within the Province of the Massachusetts 
Bay in New England begining the May 1764 ending May 2'.)"' 1765, 
having attended that service, upon examining the same, find them 
right cast and well vouched, by which it appears that the said Ac- 
comptant chargeth himself with the Sum of Seventy two thousand 
four hundred ninety three pounds sixteen shillings and five pence 
being so much due for outstanding debts, with the Sum of One 
hundred & one thousand nine hundred fifty four pounds, seven 
shillings and seven pence balance due by the last Account. Also 
with the Sum of Fifty one thousand eight hundred eighty one 
pounds, seventeen shillings and three pence a Tax laid upon polls 
and Estates for the year 1764. also with the Sum of Fifty four 
thousand seven hundred sixty five pounds, nine shillings received 
of sundry persons for Bills of Exchange drawn on Jasper Mauduit 
Esq". Also with the Sum of One hundred thirty one thousand and 
Sixty three pounds borrowed of sundry persons by virtue of sundry 
Acts of Government, with the Sum of Twelve hundred. Sixteen 
pounds, eighteen shillings and four pence received of sundry per- 
sons for Lands. With the Sum of Thirty nine pounds twelve shil- 
lings & one penny received of Nath' Sparhawk Esq' being a balance 
due from the late Sir Will"' Pepperrell With the Sum of Seventeen 
thousand nine hundred twenty pounds eight shillings and two pence 



[1st Sess.] Province Laws {Resolves, etc.). — 1765-6(). 19 

received of the Collectors of Excise upon Spirituous Liquors. With 
the Sum of Eighteen hundred sixty one pounds, fifteen shillings 
and four pence received of the Treasurer of Pensilvania being so 
much their Agents received in London of the Parliamentary Grant 
which should have been paid to tiie agent of this province. With 
the sum of Fourteen hundred & eight pounds, eiglit shillings & 
eight pence received of the Farmers of Excise upon Tea &c. With 
the Sum of Forty pounds, thirteen shillings & eight pence received 
for Fines &c With the Sum of Twenty two hundred, fourteen pounds 
eighteen shillings and five pence received of the Honourable Com- 
missioner for Impost Duties. All which Sums amount to Four hun- 
dred thirty six thousand, eight hundred sixty one pounds, four 
shillings and eleven pence. 

The Committee further find that the said Accomptant discharges 
himself by sundry payments and disbursments, by Order of the Gov- 
ernor by and with the advice of the Council amounting to Twenty 
thousand nine hundred and fifty pounds twelve shillings and five 
pence. Also by Government Securities which he has redeemed amount- 
ing, to One hundred ninety two thousand four hundred fifty four 
pounds thirteen shillings & six pence which were burnt by a Com- 
mittee of both Houses. By one years Interest paid on Government 
Securities amounting to Eleven thousand nine hundred twelve 
pounds, one shilling and four pence. Also by outstanding Taxes 
due from the several Towns amounting to Seventy nine thousand, 
five hundred forty nine pounds nine shillings and two pence. Also 
by a remittance of a Tax laid upon Narraganset N° 1 for the year 
17G3 by Order of Court amounting to forty four pounds, seven shil- 
lings and six pence, and by balance in hand further to account for 
One hundred, thirty one thousand, nine hundred forty eight pounds, 
one shilling. All which Sums amount to Four hundred thirty six 
thousand, eight hundred Sixty one pounds, four shillings & eleven 
pence. 

Whereupon the following Order passed viz* 

Resolved^ That the Treasurer be and he hereby is discharged of 
the several payments in the foregoing Account amounting to Two 
hundred and twenty five thousand three hundred and Sixty three 
pounds. 

And that he be further accountable for the Sum of Seventy nine 
thousand, five hundred and forty nine pounds, nine shillings and 
two pence out standing Taxes due from the several Towns when 
received into the Treasury. And the further Sum of One hundred 
thirty one thousand, nine hundred forty eight pounds, one shilling 
balance in hand. {^Passed June 14. 



CHAPTER 28. 

ORDER ALLOWING THE PROVISION ACCOUNT OF THE COMMISSARY 

GENERAL. 

The Committee appointed to examine the Accounts of Thomas Legislative 
Hubbard Esq'' Commissary General, having made Keport the fol- councu^xxvu^ 
lowing Order passed thereon viz* 30. 

Eead and Legislative 

Ordered that the above Account be allowed; and there is due councu, xxv.^ 



20 



Province Laws {Resolves ,etc.), — 176 5-6 6 . [Chaps . 2 9-3 1 . ] 



Joiirnaurso f^om the Accomptant to the Province Forty two barrels of Beef, 
(June, 1704) ; and six Barrels and one quarter of peas, which the said Commis- 
sary is further to Account for. [Passed June 14. 



p. 55. 



CHAPTER 29. 

ORDER ALLOWING THE INDIAN TRADE ACCOUNT OF THE COMMISSARY 

GENERAL. 



Legislative 
Records of the 
Council, xxvi., 
31. Mass. 
Archives, cxx., 
543. 

Mass. 

Archives, cxx., 
541. House 
Journal, p. 55. 
Supra, chap. 
28. 



On the SAID Commissary's Account of Trade with the Indians. 

Read and 

Ordered that the within account be allowed, and that the ballance 
thereof being three thousand three hundred and eighty pounds eigh- 
teen Shillings and seven pence the within named Thomas Hubbard 
Esq'' Commissary General is further to account with this Province 
for. [Passed June 14. 



CHAPTER 30. 



ORDER ALLOWING THE GENERAL ACCOUNT OF THE COMMISSARY 

GENERAL. 



Legislative 
Records of the 
Council, xxvi., 
31. 

House Jour- 
nal, p. 55. 
Siqyra, chap. 
29. 



On THE SAID Commissary General's Account current. 

Read and 

Ordered that the above Account be allowed, and tliat tiie balance 
thereof being One hundred & twenty two pounds, ten shillings and 
eight pence the said Commissary is further to account with the 
Province for. [Passed June 14. 



CHAPTER 31. 



ORDER ALLOWING £2. 3. 8 TO STEPHEN KENT. 



Legislative 
Records of the 
Council, xxvi., 
31. Mass. 
Archives, 
Ixxx., 574. 

Mass. 
Archives, 
Ixxx., 574. 
House Jour- 
nal, pp. 38, 59, 
60. 



A Petition of Stephen Kent of Ipswich, Setting forth That 
he Inlisted into his Majesty's Service in the pay of the Province 
in ITol) that he was in Cap'' Whipple's Company of Col" Bagley's 
Regiment, but was prevented by Sickness proceeding with the Com- 
pany to Louisburgh but upon his recovery he went thither with 
Cap* French to whom he paid four Dollars for his passage. And 
praying an allowance of that expence and the expence of his billet- 
ting till he went. 

Read and 

Ordered that the sum of two pounds three Shillings and eight 
pence be paid out of the publick Treasury to D'' Caleff for the Use 
of the Petitioner iniull. [Passed June 14. 



[1st Sess.] Province Laws {Resolves, etc.). — 1765-66. 21 



CHAPTER 32. 

ORDER IMPOWERING ISRAEL PUTNAM, EXECUTOR, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Israel Putnam of Bedford in the County of mid- r®?'^^"'* .y 
dlesex Executor of the last Will and Testament of Benjamin Put- Council,. wvi., 

nam late of said Bedford deceased Setting forth That the said ^li 

deceased ordered by his Will so much of his Eeal Estate to be Sold niTm)!^"^^ 
as should be necessary to pay his Just debts, after that his personal Province ' 
Estate had been applied to that purpose: That the deceaseds Real chap.io.'' ' ' 
Estate was Apprised at £320 that the Debts amount to one half that 
Sum or more; that the Buildings on the said Estate are old, and 
that the maintaining thereof and the Fences on the premisses 
together with the labour of keeping under the Brush, will require 
a great part of the Rent; that the deceased left only one Child 
which is not yet three years of age, whose Interest might be greatly 
Advanced by Selling the remainder of the s*^ Estate, were the prod- 
uce of it put out to Interest. And praying that he may be impow- 
ered to Sell the said Estate accordingly. 

Read and 

Ordered that the prayer of the petition be granted, and the Peti- 
tioner be and hereby is impowered to make Sale of the premises for 
the most they will fetch, and to make & Execute a good Deed or 
Deeds thereof in the Law, he observing the Rules of Law for the 
Sale of Real Estates by Executors and Admin" & giving sufficient 
caution to the Judge of Probate for the county of middlesex that 
the proceeds arising by such Sale shall be applied to the payment 
of the just debts of the deceased, and the remainder thereof secured 
for the benefit of the Heir. \^Passed June 14. 



CHAPTER 33. 

ORDER IMPOWERING DAV PEARSE, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of David Pearse of Gloucester Guardian to Joseph Legislative 
Stevens Pearse a minor Setting forth That the said Joseph is councir, xxvl, 

owner of a certain House which is so decayed as not to be tenant- ^^ 

able, and having no Income wherewith to repair the same, it must ^aTTw"'^' 
drop down and be wholly lost. And praying that he may be impow- pVoviiice' 
ered to make Sale of the said House, and the Land thereto belong- ^fap^'io.'' ^^^' 
ing, he to be accountable. 

Read and 

Ordered that the prayer of the petition be granted, and that the 
Petitioner be and hereby is impowered to make Sale of the premises 
for the most they will fetch, and to make and Execute a good Deed 
thereof in the Law, he observing the directions of the Law for the 
Sale of Real Estates by Exec" & Admin''^ & giving proper caution 
to the Judge of Probate for the County of Essex that the monies 
arising by said Sale shall be secured for the benefit of the Minor. 
l^Passed June 14. 



22 



Province Laws {Resolves, etc.). — 1765-66. [Chaps. 34-36.] 



Legislative 
Records of the 
Council, xxvi., 
34. 

House Jour- 
nal, p. 53. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTEK 34. 

ORDER IMPOWERING BETHIAH TAFT, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Bethiah Taft Admin^ of the Estate of her late 
husband Aaron Taft of Mendon deceased Setting forth That the 
deceaseds Debts amount to about £34 more than his personal Estate : 
that he left a numerous Family of young Children, and that if she 
should be obliged to sell off the Stock and Moveables, she should 
be unable to support herself and Children. That her husband about 
ten Months before his decease purchased 15Mj Acres of Land lying 
about % of a Mile distant from his Homestead, which in the time 
of his Sickness he desired might be Sold in order to pay his Debts 
and help support his family. And praying that she may be Enabled 
to Sell the same for the forementioiied purposes. 

Eead and 

Ordered that the prayer of the petition be granted, and that 
Bethiah Taft the petitioner be and hereby is impowered to make 
Sale of the premises for the most they will fetch, & to make and 
Execute a good Deed or Deeds thereof in the Law : She observing 
the directions of Law for the Sale of Real Estates by Executors & 
Admin" and giving proper caution to the Judge of Probate for the 
County of Worcester that the proceeds arising by such Sale be ap- 
plied for the payment of the deceaseds debts, and the Overplus, if 
any be, to be improved and secured for the benefit of the Heirs. 
\^Passed Jime 15. 



CHAPTER 35. 



RESOLVE ALLOWING £20 TO W^ BROWN. 



Legislative 
Becords of the 
Council, xxvl., 
35. 

Legislative 
Records of the 
Council, XXV., 
115. House 
Journal, p. 61. 



A Petition of William Brown of Framingham praying an allow- 
ance of his charge and Expence in pursuing after one Jacob New- 
ton a thief by order of the General Court, and procuring Witnesses; 
the petitioner having apprehended the said Newton, and caused 
him to be committed to the Goal in Cambridge. 

[Read and] 

Resolved that the Petitioner William Brown be allowed and paid 
out of the public Treasury the Sum of Twenty pounds in full for 
his time, horse hire, trouble, & expences for procuring the Witnesses 
&c mentioned in the petition. \^Passed June 15. 



CHAPTEK 36. 



RESOLVE IMPOWERING HANNAH POMEROY, ADM^, TO JOIN WITH 
ESTHER & EBENEZER POMEROY IN EXECUTING DEED OR DEEDS. 



Legislative 
Becords of the 
Council, xxvi., 
35. 

House Jour- 
nal, p. 54. 



A Petition of Ebenezer Pomroy and Esther Pomroy Admin" 
of the Estate of Cap^ Elisha Pomroy late of Northhampton dec*^ 
with Hannah Pomroy Admin^ of the Estate of Cap' John Pomroy 
late of Northampton dec*^ Setting forth That the Estate of the 



[ 1 ST Se ss . ] Pro VI NCE L aws ( Resolves , etc.). — 1 7 6 5-6 H . 23 

said Elisha being found insufficient to pay his Just debts, tlie said 
Admin" had obtained power from tlie Superior Court to make Sale 
of all his Real Estate: That his homestead with the Dwelling House 
and other Buildings thereon, and also about Seven Acres of Land 
in the meadow called Northampton Meadow is the most valuable 
part of his Real Estate; that John Pomroy before mentioned was 
interested one seventh part therein, but had received of the said 
Elisha a valuable consideration therefor, yet had never given the 
said Elisha any acquittance or Conveyance of the same : That the 
Children of the said John are all Minors and incapable of making 
such a Conveyance. And praying that the said Hannah as Admin^ 
aforesaid may be impowered to join with the admin" of the said 
John in making a Conveyance of the premises. 

Read and 

Resolved that the prayer of the petition be granted, and that the 
abovenamed Hannah Pomroy Admin'' on the Estate of John Pom- 
roy deceased be and she hereby is impowered in the capacity afore- 
said to join with the abovenamed Eben"' Pomroy and Esther Pomroy 
in a Deed or Deeds of Conveyance of all the above mentioned Real 
Estate to the purchaser or purchasers of the same, which Deeds 
duly executed and Recorded shall be held & deemed sufficient in 
Law to convey to such purchaser or purchasers as good a title to 
the premisses, as if the said John deceased had conveyed the same 
to them in his life time, and the abovesaid Minors shall be effectually 
barred from demanding any right or title therein. \^Passed June 15. 



CHAPTEK 37. 

ORDER IMPOWERING JOSEPH COOLIDGE, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Joseph Coolidge of Watertown Guardian to Ephr"^ Legislative 
Warren of said Town a person Non Compos Setting forth That councif xxvi^ 
when the petitioner was appointed Guardian as aforesaid on the 36. 
30*'^ of March last, he found that the said Ephraim was indebted House Jour- 
to sundry persons, some of whom had Svied him and obtained Judg- proving*'' ^^' 
ment against him. That there is not personal Estate sufficient to ^ifa^^'/o'* ^^^' 
satisfy said Judgments ; and praying that he may be impowered to 
make Sale of a piece of pasture Land in Waltham containing about 
three Acres, bounded on the South on Land belonging to the Heirs 
of Josiah Sterne dec*^ and on the West North and East on the Land 
of Jonas White ; the proceeds thereof to be applied for the payment of 
the debts beforementioned. 

Read and 

Ordered that the prayer of the petition be so far granted that the 
petitioner in his said Capacity be & hereby is impowered to sell the 
within mentioned premises for the most they will fetch, and to make 
and Execute a good Deed thereof in the Law, he observing the Rules 
of Law for the Sale of Real Estates by Exec" & Admin" and giving 
proper caution to the Judge of Probate for the County of Middle- 
sex, that the proceeds coming by such Sale shall be applied to the 
payment of the Just debts of the said Ephraim Warren, and the 
Overplus, if any be, to be Secured for his use. \^Passed June 15. 



24 



Province Laws ( Resolves, etc.). — 1765-66. [ Chaps . 38,39.] 



CHAPTER 38. 



ORDER IMPOWERING ELIZ'^ GLEASON, AD>F, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records oi' the 
Council, xxvi., 
38^ 

House Jour- 
nal, p. 51. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Eliz^ Gleason Admin^ of the Estate of her late 
Son Ezra Gleason of Princetown dec'' who died without Wife or 
Child Setting forth That Phinehas Gleason deceased Father of 
the s** Ezra by his last Will & Testament gave to the said Ezra all 
his Estate upon condition that he maintained his Mother the Peti- 
tioner during her natural life, and paid to his Brothers & Sisters cer- 
tain Legacies amounting in the whole to £17.13.4 and did also 
bring up his three younger Sisters till they should arrive to 21 years 
of age for the performance of all which he gave Bond to the Judge 
of Probate for the County of Worcester. That the said Ezra's Estate 
was appraised at £-13.8.2 & the Real Estate given him by his Father 
to £80 and that his own proper Debts amount to £25.5.2 besides the 
obligations above mentioned, which he lay under. And praying tliat 
she may be impowered to make Sale of the s** Real Estate in order 
to discharge the Debts & Obligations above mentioned. 

Read and 

Ordered that the prayer of the petition be granted, and that the 
Petitioner be & hereby is impowered to make Sale of the premises 
for the most they will fetch, and to make & Execute a good Deed 
or Deeds thereof in the Law; She observing the directions of Law 
for the Sale of Real Estates by Exec" & admin" and giving due 
caution to the Judge of Probate for the County of Worcester that 
the proceeds coming by such Sale shall be applied for the payment 
of the just Debts of the deceased and Legacies withinmentioned ; 
and that the residue, if any be, be reserved & secured for the benefit 
of the Heirs, excepting only the annual Interest thereof for the use 
of the petitioner during her natural life. [^Passed June 17. 



CHAPTEE 39. 



ORDER IMPOWERING MARY BROWN, EXECUTRIX, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
38. 

House Jour- 
nal, p. 53. 
Province 
Laws, ii.,151, 
chap. 10. 



A Petition of Mary Brown Widow of Thomas Brown late of 
Concord deceased & sole surviving Exec^ of his last Will & Testa- 
ment Setting forth That by the AVill aforesaid the deceased gave 
to the petitioner the Income of his Real Estate during life, and a 
power to his Exec" to sell the same for her Support & maintenance 
in case the Income thereof should be insufficient, only giving to his 
two Granddaughters thirty five shillings. That the Petitioner is now 
advanced in years and infirm, so that the Income of the said Estate 
is not sufficient for her support ; and as her Coexecutor Abishai Brown 
is now dead she cannot give a sufficient title to said Estate. And 
praying that she may be impowered to Execute a lawful Deed of 
conveyance of the whole or any part thereof. 

Read and 

Ordered that the prayer of the petition be so far granted, that 
the Petitioner be and hereby is impowered to make Sale of the 



[1st Sess.] Province Laws {Resolves^ etc.). — ITBo-OG. 25 

premises or so much thereof as may be needful for her support, 
and to make and Execute a good Deed or Deeds thereof in the 
Law She observing the Eules & Orders of Law for the Sale of Real 
Estates by Exec""" & Admin" and giving proper caution to the Judge 
of Probate for the County of Middlesex that the proceeds arising 
by such Sale shall be applied for her Support during her natural 
life, and the residue, if any be, to be secured for the benefit of the 
Heirs of the said Thomas Brown deceased. \^Passed June 17. 



CHAPTEE 40. 

ORDER IMPOWERING JACOB HASKELL, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jacob Haskell & Zebulon Haskell both of Glouces- Legislative 
ter Setting forth That Samuel Stone of said Glocester died about 5^??,':*|? °* **^^ 

•T !• 11 Tv/r- ITT Councu,xxvi., 

four years since Intestate, leaving two daughters Minors, the eldest 39^ 

being now about eleven years of age : That the said Jacob administred iiouee Jour- 
on the Estate of the deceased, and took the Guardianship of the province 
eldest daughter, and the said Zebulon the Guardianship of the Laws, u., isi, 
younger. That the deceased died Seized of about % part of an 
Acre of Land whereon is a Cellar and the frame of a small House 
over it, and of about five Acres of Land about two Miles distant 
in the Woods. That the said Frame will soon be rotten, the peti- 
tioners having nothing in hand wherewith to finish it, and the five 
acres of Land brings in nothing, whereby to enable them to do it. 
And praying that they may be impowered to make Sale of the said 
frame and Land; the produce thereof to be improved for the benefit 
of the said Minors. 

Read and 

Ordered that the prayer of the petition be granted, and that the 
said Jacob Haskell Admin'' &c be and hereby is impowered to sell 
the within mentioned premises for the most they will fetch, and to 
make & Execute a good Deed or Deeds thereof in the Law, he ob- 
serving the directions of the Law for the Sale of Real Estates by 
Exec''' or Admin''' and giving due caution to the Judge of Probate 
for the County of Essex that the proceeds coming by such Sale 
shall be improved for the benefit of the Heirs of the said deceased. 
{^Passed June 17. 



CHAPTER 41. 

ORDER ADDING £25. 17. 1 TO DEERFIELD TAX FOR 1766. 

In THE House of Representatives. Whereas the General Court Legislative 
at their Session in June 1764 ordered that the Sum of Twenty five councif.xxvi^, 

pounds seventeen shillings and one penny should be added to the 11: 

Tax of the Town of Deerfield for the year 1765, being so much ^^°"^®69*^' 
paid out of the Province Treasury to John Worthington and Joseph Province' 
Hawley Esq"'' and Maj'' Benjamin Day a Committee of this Court note^xvii.%48, 
to Settle the Line between Deerfield & Hunts Town &c chap'.ss. 

And Whereas the Tax Bill for the current year passed this House 
before said Order was taken notice of. Therefore 



26 



Province Laws {Resolves, etc.). — 1765-«j(3. [Chaps. 42, 43.] 



Ordered that the said Sum of £25.17.1 be added to the Tax of 
Deerfield for the year ITGG. 

In Council, Kead and Concurred. [Passed June 18. 



CHAPTEK 42. 



Legislative 
Records of the 
Council, xxvl., 
41. 

House .Jour- 
nal, p. 45. 



RESOLVE RELATIVE TO THE SETTLEMENT OF THE ACCOUNTS OF 
MR. BOLLAN, AGENT. 

In THE House of Eepresentatives. The House having exam- 
ined the Accounts and demands subsisting between this Province 
& the late M' Agent Bollan according to a state thereof by him 
transmitted to them, and having considered the same. 

Resolved, That in consideration of his many & faithful Services 
during his Agency, and in order to make a final Settlement of all 
Accounts & demands subsisting between this Province and him. 
That in case the said M"" Bollan pay to the Treasurer and Eeceiver 
General of this province or to any other order of this Province, 
the Sum of Twelve hundred and Ninety three pounds, nine shil- 
lings Sterling part of the monies of the Province now in his hands, 
and shall acquit and discharge this Province from any further de- 
mands against them ; that he be discharged from any further account- 
ing for the residue of the same; and that all demands between this 
Province and him be thereupon determined & cease. 

In Council Eead and Concurred. [Passed June 18. 



CHAPTER 43. 



Legislative 
Records of the 
Council, xxvi., 
41. Mass. 
Archives, 
xxii.,445. 

Mass. 
Archives, 
xxii.,373,374. 
House Jour- 
nal, \^. 39. 
Supra, chap. 
42. 



RESOLVES RELATIVE TO THE SETTLEMENT OF THE ACCOUNTS OF 
JASPER MAUDUIT, AGENT. 

In the House of Representatives 

The House have taken into Consideration M' Agent Mauduit's 
accounts, and Letters relative thereto. 

And it appears to the House, That his accounts are right cast. 

They find in his Accounts three Articles of Commissions, amount- 
ing in the whole to fifteen Hundred and fourteen Pounds Sterling, 
Avhich the said Agent has received to his own Use, and is hereby 
allowed. 

They also find in his Accounts the article of Salary charged, but 
carried out Blank. 

Therefore 

Resolved, That the further Sum of One Hundred Pounds Sterling 
per annum, to commence at the Time of his taking the Agency 
upon him, and to continue during his acting in that Capacity, be 
allowed to the said Agent. 

It also appears to the House, That by the last Accounts trans- 
mitted by the Agent, there remained in his Hands due to the Prov- 
ince, the Sum of fifty six Thousand three Hundred and thirty three 
Pounds seventeen Shillings and six Pence Sterling. 

Resolved further, That the said Agent be accountable for the Sum 
of Fifty six Thousand three Hundred and thirty three Pounds seven- 



[IsT Sess.] Province Laws {Resolves, etc.). — 1765-6G. 27 

teen Shillings and six Pence aforesaid, except the foregoing allow- 
ance of one Hundred Pounds a Year. 

In Council Bead & Concurred. [Passed June 18. 



CHAPTER 44. 

VOTE CONFIRMING A PLAN OF THE TOWN OF HUNTSTOWN. 

A Plan of the Township of Huntstown taken by Eleazer Nash Legislative 
Surveyor & Chain men on Oath bounded as follows viz*' begining councif, xxvif, 

at a Maple Staddle & heap of Stones marked thus R which stands ^li 

in Deerfield West line 420 perch from their South west corner on ^°"^®-o"''" 
the course North 19° East and from the aforesaid Maple runs North ProViiice 
19° East 2,180 perch to a Hemlock tree marked R «& a heap of notl;'.xvii.!fo2, 
Stones, thence West 17 North 650 perch, thence West 3° South 1,615 ^''^i'- I'^s. ' 
perch to Hatfield Grant, the same being Mayhews Northeast corner, 
thence South 1,050 perch, thence East 22° South 1,714 perch & 
closed to the first boundary contains 23,040 Acres Surveyed August 
1. 1764, one Eod in thirty allowed for Sag of Chain. 

Voted That the said plan be accepted, and the Lands therein 
delienated & described be confirmed to the proprietors of the said 
Huntstown their Heirs and Assigns : provided it does not exceed 
the quantity of their Grant, nor interfere with any former Grants. 
[Passed June 18. 



CHAPTER 45. 

RESOLVE IMPOWERING PHILi" GODFRID KAST, GUARDIAN, TO SELL 
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Philip Godfrid Kast Guardian to his Son Thomas Legislative 
Kast a Minor of the age of 14 years Setting forth That his said counc'if xU^^ 
Son stands seized in fee of a small piece of Land at the Northerly 44. 
part of Boston, which descended to him on the death of his Grand- House Jour- 
father M"" Joseph Procter deceased ; that there is on s"^ Land an old provmce 
house which no person hath been able to live in for some years past, Laws, ii., i5i, 
and that he hath not wherewithal to repair it ; that he hath now '^ ^^' 
an opportunity to sell it to the advantage of the said Minor. And 
praying that he may be impowered to sell the same accordingly. 

[Eead and] 

Resolved, That the prayer of this petition be granted, and that 
the petitioner Philip Godfrid Kast be & hereby is fully authorized 
& impowered to make Sale of the Land and premises mentioned in 
said petition, and to Execute a good Deed thereof in Law ; observ- 
ing the directions in the Law for the Sale of Real Estates by Exec" 
& admin" and giving sufficient caution to the Judge of Probate for 
the County of Suffolk, that the Money arising by the Sale thereof 
be put out to Interest on good security, and that the principal & 
Interest be paid to Thomas Kast the minor, when he shall arrive 
to the age of twenty one years. [Passed June 18. 



28 



Pkovinoe Laws {Resolves, etc.). — 1765-66. [Chaps. 46, 47.] 



CHAPTER 46. 



ORDER CONFIRMING THE PROCEEDINGS OF THE SELECTMEN OF THE 
TOWN OF BELLINGHAM AND IMPOWERING THEM TO CALL A MEET- 
ING FOR THE CHOICE OF TOWN OFFICERS. 



Legislative 
Records of the 
Council, xxvi., 
9,45. 

Legislative 
Records of the 
Council, xxvi., 
23. House 
Journal, pp. 15, 
5.5, 56, 74. 
Province 
Laws, i., 64, 
chap. 28. 



A Petition of Caleb Phillips and a great number of others In- 
habitants of the Town of Bellingham Setting forth That at a very 
full meeting of the Town at their annual Meeting on the 6^'' day 
of March last, they made choice of most of the Town officers & 
adjourned to the IS**" of said Month. That on the 15"" of said March 
all the proceedings of the 6"" were overthrown, and a new set of 
Town officers chosen by a small majority, whereupon nineteen of 
the Inhabitants present entered their Dissent; all which Elections 
made on the 15"' they apprehend to be illegal. And praying that the 
first Meeting and the proceedings had thereon may be established; 
and that they may be enabled on some future day to proceed to the 
choice of such officers as then remained to be chosen, and to the 
doing of other things necessary business. 

The Committee appointed on the petition of sundry Inhabitants 
of Bellingham having made Ecport, tlie following Order passed 
viz*. 

Eead & Accepted : and thereupon 

Ordered that the choice of the Selectmen & other Town Officers 
at the annual Meeting of the Town of Bellingham on the sixth of 
March last was legal, and that the proceedings of the said Town at 
said Meeting be held good and valid to all intents and purposes 
whatsoever, and that the Town Officers so chosen, after tliey have 
been duly Sworn be accounted in said Town the said officers for 
the current year: And that the Selectmen so chosen be, and hereby 
are impowered to call a Meeting of the Inhabitants of said Town, 
qualified by Law to vote in Town affairs to assemble and meet in 
order to choose all such other Town Officers that were not chosen 
on said Sixth of March as fully as Towns are by Law required to 
choose in the Month of March annually: and the persons so chosen 
shall be the officers for said Town, and sliall have the same power 
and authority as if they had been chose on the 6*'^ of March afores*^ 
the time for choosing Town officers being elapsed notwithstanding. 
{^Passed June 19. 



CHAPTER 47. 



RESOLVE IMPOWERING PROPRIETORS OF TOWNSHIP N" FOUR TO SELL 
SUCH PORTION OF THEIR LANDS AS MAY BE NECESSARY. 



Legislative 
Records of the 
Council, xxvi., 
36. Mass. 
Archives, 
cxviii., 94. 

Mass. 
Archives, 
cxviii., 93. 
House Jour- 
nal, pp. 43, 44, 
59. Province, 
Laws, v., 1002, 
note; xvii.,242, 
chap. 50. 



A Petition of Noah Nash of Hatfield in behalf of himself and 
Associates who in the year 1762 purchased of the Government a 
Township called N° 4 Setting forth That they have laid out near 
one half the Township in Lots, cut a Road through it, made Bridges 
and done considerable Labour on said Lots; but that they are not 
able to make Grants of any part of said Lands to forward the Settle- 
ment or to enforce the payment of Taxes that have been agreed 
on : That the great opening of Townships in the Governments of 
New York and New Hampshire, and the extreme Scarcity of Money 
in the Country makes it more difficult for them to comply with the 



[1st Sess.] Province Li aw s (liesolves, etc.). — 1765-0(1. 29 

terms of payment and of Settlement than they expected. And pray- 
ing that they may bo indulged with further time: and that they 
may be enabled to raise money and grant Lands in order to a speedy 
Settlement of the s*^ Township. 

Read and 

Resolved that the Pet" and his Associates be and hereby they are 
impowered to dispose of and convey such part of the lands in the 
Township mentioned as may be necessary effectually to bring for- 
ward the speedy Settlement of the same, and that the proceedings 
of the Prop" of said Township at their several Meetings be and 
they are hereby ratifyed and confirmed, and said Prop" are further 
impower'd to call Meetings and transact the affairs relative to said 
Township as the Prop" of other new Townships by Law are impow- 
ered. And that the Province Treasurer be directed To forbear put- 
ting in Suit the Bonds given for the purchase of said township for 
the term of two years they paying the Interest due thereon annu- 
ally. \_Passed June 20.^ 



CHAPTER 48. 

RESOLVE IMPOWERING JOHN FOWLER, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Fowler of Suffield Admin'' of the Estate of Legislative 
John Fowler late of Suffield Yeoman deceased Setting forth That councif, xxvi., 

the deceased had obliged himself by his Bond dated 4 Feb^ 1749 iL 

to one David Smith of Suffield in the penal Sum of £150 condi- ^^7^f ^P'"''- 
tioned that within 15 years from the date thereof he would convey Province' 
to the said David & his Heirs the South half of the home lot on dfapf'io.'' ^"^' 
which the deceased then dwelt containing eighteen Acres, together 
with the East half of his then Dwelling house & one half of about 
twenty Acres of Land lying on the West side of the Country road 
and a little Westward from the said home lot; or that he would 
within the forementioned time pay to the said David the full value 
thereof with lawful Interest. That the said Bond is now in force, 
and no personal Estate of the deceased has been nor now is in the 
hands of the petitioner sufficient to Answer said Obligation. And 
praying that he may be impowered to make Sale of the said moiety 
of the messuage and Tracts of Land aforementioned in order to 
satisfy the said Bond. 

[Read and] 

Resolved that the petitioner before named be, and he is hereby 
impowered to make Sale of the Lands in the condition of the Bond 
referred to, mentioned, said Lands lying in Springfield in the County 
of Hampshire, for the most the same will fetch, at public Vendue, 
he first giving notice of said Sale and conforming therein to the 
directions of the Law of this Province for the Sale of Lands by 
Exec""' & Admin", and giving Bond to the Judge of probate for said 
County of Hampshire to improve the proceeds of said Sale for the 
purpose in said petition mentioned, and to account with him there- 
for when required. \^Passed June 20. 

• This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 15. 



30 



Province Laws {Resolves etc.). — 1765-60. [Chaps. 49, 50.] 



CHAPTEE 49. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
NATH"- GOODWIN FOR A RE-TRIAL OF AN ACTION. 



Legislative 
Records of the 
Council, xxvi., 

48. 

House Jour- 
nal, p. 73. 



A Petition of Nathaniel Goodwin of Plymouth Setting forth 
That at the Inferior Court of Common pleas holden at plymouth 
in April 1764 he entered into a Eule of Court, and left the deter- 
mination of three Causes and all demands then subsisting between 
him & M' Thomas Crandon of said plymouth to James Russell Esq' 
M' Thomas Gray & M'' Jon"^ Williams, who appointed the hearing to 
be at Boston on y'^ 2*^ day of April last ; at which time the petitioner 
was on a bed of Sickness & his disorder lying chiefly in his head, 
he was then incapable of communicating his Ideas, and M'' Crandon 
alledging that he was bound to Sea urged the referrees to come to 
a hearing: That at the adjournment of the said Court on the 20*'' 
of May the referrees reported that the petitioner pay to the said 
Thomas Crandon £372.3.3 and that the Costs be paid in equal parts 
between them. That the petitioner was still incapable of attending, 
and the Superior Court being at that time also Sitting, liis Council 
was so engaged there, that neither could he attend to make a reply 
to said Report. That on the 1*' of this Instant June the petitioner 
hath received from Lisbon an Account of a grand fraud in the matter 
in controversy; and the referrees have certified that it would have 
had weight had it come to their knowledge in Season. And praying 
that he may have a fair trial of the case by a Jury, or that all the 
said Causes may be recommitted to the said Referrees, or to other 
persons who may be named for the purpose and that Execution may 
be stayed in the mean time. 

Read and 

Ordered that the petitioner serve the Adverse party Thomas Cran- 
don with a Copy of tliis petition, that he shew cause if any he hath, 
on the first Tuesday of the next Session of this Court, why the 
prayer thereof should not be granted, and Execution is stayed in 
the mean time, provided the petitioner give security to the Sheriff 
of the County of Plymouth to pay Avhat Sum shall finally be due 
with Interest from this time. [^Passed June 20. 



CHAPTEE 50. 



RESOLVE IMPOWERING JANE MORGAN, EXECUTRIX, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 

48. 

House Jour- 
nal, p. 71. 
Province 
Laws, 11., 151, 
chap. 10. 



A Petition of Jane Morgan Widow and Exec^ of the last Will 
& Testament of Moses Morgan late of Groton deceased Setting 
forth That the said Moses Morgan died Seized of about twenty 
Acres of poor Land with a small old House standing thereon; 
and the deceaseds debts amount to more than double the value of 
his personal Estate and to the near value both of Real & personal 
together. And praying that she may be impowered to make Sale 
of said House & Land, that she may be enabled to pay the said 
deceaseds Debts; she to be accountable. 

Read and 



[1st Sess.] Puovince Laws (^Resolves, etc.). — 17()5-Gf>. "31 

Resolved that the prayer of the Petition be granted, and that the 
said Jane Morgan as Exec'' to the last Will and Testament of Moses 
Morgan is hereby fully authorized and impovvered to make Sale of 
all the Real Estate of the said Moses Morgan lying in the Town 
of Groton in the County of Middlesex for the most it will fetch, 
and make and Execute a good Deed or Deeds to the purchaser 
thereof, observing the directions in the Law for the Sale of Real 
Estates by Exec'" & Admin'" and giving sufficient caution to the 
Judge of Probate for the County of Middlesex that the money aris- 
ing by the Sale thereof shall be applied to the discharging the just 
debts of the said Moses Morgan, and the residue if any there be 
secured for the benefit of the Heirs of the said deceased. [Passed 
June 20. 



CHAPTER 51. 

ORDER ALLOWING £4 TO JABEZ CARTER. 



A Petition of Jabez Carter of Woburn Setting forth That LegisiatiTc 

1 . ,, r\ 1 J? r\ J! •^• L- • it i Records Of the 

having the Command or a Company oi militia m obedience to an council, xxvi., 
Act of this province to furnish one half of the Militia with Bayo- ArcMvefg^' 
nets, he ordered a number of Arms to the Smith's in order to be ixxx.. 5^0'. 
fitted therewith but that it so happened before they were all fin- Mass. 
ished, the Smith's Shop was consumed by fire, and three of the jtx'x!7586. 
said Guns destroyed; that the Men are not well able to bear the ^aTr/se":? 
loss, and as it was occasioned in manner as above mentioned, pray- Province 
ing an allowance. ^ifap^'ia " ''" 

Read and 

Ordered that the Sum of four pounds be paid out of the publick 
Treasury to the Pef for the use of the Sufferers in full. [Passed 
June 20. 



CHAPTER 52. 

ORDER SUSPENDING THE PROVINCE TAX ON THE TOWN OF GORHAM 
FOR THE YEAR 1764 AND ADDING THE SAME TO THEIR PROVINCE 
TAX FOR THE YEAR 1766. 

A Petition of the Selectmen of Gorham praying that in con- Legislative 
sideratiou of their losses the last year by Fires &c it will be very coJ^Qpff x^vf® 
difficult for them to pay their Province Tax; that they are now 5o. Mass.' 
about Settling a Minister, which will bring a considerable charge ^"^m^^li. 
upon them. And praying that their Province Tax for 1764 may be '^^^, 

abated them. Archives, 

■r, T T CXVlll., 91. 

Read and House Jour- 

Ordered that the Province Tax laid on Gorham [for] ' the Year ^gi'- pp- 20, 21, 
1764 be suspended And that the same be added [to] ' their Prov- 
ince Tax in the Year 1766 and the Treasurer is directed not to Issue 
his Execution ag'^ said Town in the mean time. [Passed June 20. 

* Inserted from Legislative Records of the Council, xxvi., 50. 



32 



Province Laws {Resolves, etc.) . — 1765-66. [Chaps. 53-55.] 



CHAPTEK 53. 



ORDER ALLOWING £9. 16. 8 TO BENJ^ KIMBALL. 



Legislative 
Records of the 
Council, xxvi., 

50. Mass. 
Archives, 
lxxx.,566. 

Mass. 
Archives, 
Ixxx., 565. 
House Jour- 
nal, p. 56. 



A Petition of Benj* Kimball of Ipswich praying an allowance 
for one month & 26 days Wages as a Lieutenant in the pay of the 
province in 1759 when he Served at Louisbourgh in Cap* Davis's 
Company under Col° Bagley, representing in his said petition, that 
he hath been absent at Sea the greater part of the time since his 
discharge, which hath prevented his applying sooner. 

Eead and 

Ordered that the Sum of nine pounds Sixteen Shillings and eight 
pence be paid out of the publick Treasury to D" Calef for the use 
of the Pet' in full. \^Passed June 20. 



Legislative 
Records of the 
Council, xxvi., 
51. 

House Jour- 
nal, p. 82. 
Province 
Laws, xvii., 
60S, chap. -l-iT. 



CHAPTER 54. 

ORDER ALLOWING £20 TO JOHN COTTON, DEPUTY SECRETARY. 

A Memorial of John Cotton representing his Services as Deputy 
Secretary, and obviating some exceptions which he apprehends had 
influenced the Court to lower his allowance from One hundred & 
eighty pounds a year to One hundred pounds only, for the last year, 
declaring that he hath not received a single farthing out of the 
Treasury for writing done in the office for the whole four years he 
has been in it; but that the whole of his Services have been included 
in the annual Grants made him by the Court; And praying a further 
allowance for the last year. 

Read and 

Ordered that the sum of Twenty pounds be paid out of the pub- 
lic Treasury to the Memorialist for his services within mentioned. 
\^Passed June 20. 



CHAPTER ^5. 



ORDER ALLOWING £9 TO EBEN'' SHELDON. 



Legislative 
Records of the 
Council, xxvi., 
51. Mass. 
Archives, 
Ixxx., 568. 

Mass. 
Archives, 
Ixxx., .567. 
House Jour- 
nal, pp. 74, 80. 



A Petition of Ebenezer Sheldon of Bernardstown Setting 
forth That in the former War which commenced in 1744 there 
was no other family but his that would venture to continue in that 
exposed plantation, and that during the War one of his Sons was 
killed at his door: That he likewise kept his post throughout the 
last War and built a Fort there which cost him £34.13.4 of which 
sum the Government have allowed him only £12. That in 1757 he 
had another Son who was taken Captive by the Enemy at Lake 
George, and sent to France where he died in Prison, And praying 
an allowance. 

Read and 

Ordered that the Sum of Nine pounds be paid out of the publick 
Treasury to M' Ashley for the use of the Pef in full for the Ser- 
vices and sufferings within mentioned. \^Passed June 20. 



[IsT Sess.] Province Laws (Resolves, etc.). — 1765-66. 33 

CHAPTER 56. 

RESOLVE EXPLAINING VOTES IN REGARD TO PARISHES IN FALMOUTH. 

Whereas by a Resolve of this Court made and passed on the Legislative 
15'" of February last, a tract of Land in Falmouth in the County ^^;i^e|f_ ^'xl*!!", 
of Cumberland was erected into a Parish by the bounds therein ^'i. 
mentioned, with liberty for all those persons who have left their Legislative 
names with the first parish in Falmouth agreable to a Vote of the counclf, x^x'^v .*! 
first parish March 28"' 1764 be of the first & fourth parishes respec- jo*^ijn"J*"^® 
tively according to said Vote. pp. 240, 241 

And whereas it was the intention of the i765)'I"ppf75, 

Resolve aforesaid that all those persons who should give in their 76- Province 
names before the 28*^'' of March 1765 to the Clerk of the first parish, 6i4rciiiii7. 242. 
should be of the first & fourth parishes respectively. 

Therefore Be it further 

Resolved^ That all those persons who gave in their names within 
the time limitted by the Vote aforesaid of the said First parish in 
Falmouth, be with their Estates of the first and fourth parishes 
respectively, any thing in the first Resolve to the contrary notwith- 
standing. \_Passed June 30. 



CHAPTER 57. 

ORDER ALLOWING LAW BOOK TO GORHAM. Legislative 

Records of the 

Ordered that the Town of Gorham, be provided with the province 52. 
Laws at the Public charge. \ Passed June SO. House Jour. 

■- nal, p. 81. 



CHAPTER 58. ^^^*^'1*^%. 

Records of the 
Council, xxvi., 

RESOLVE ALLOWING £1,000 TO THE COMMITTEE ON REBUILDING HAR- Arch^ves^,' 

VARD COLLEGE. Iviii., 547.' 

House Jour- 

Resolved That the Sum of one Thousand pounds be paid out of prov-nce' 
the Publick Treasury to the Committee appointed to rebuild Har- Laws, xvu., 
vard Colledge to Enable them to proceed in that affair, they to be 574; chap! iti! 
accountable. \_Passed June 20. 



CHAPTER 59. 

RESOLVE ALLOWING £450 TO THE COMMITTEE FOR CONFERENCE WITH 
THE OTHER GOVERNMENTS. 

In the House of Rep"®^ Legislative 

Whereas the House at their present Session made choice of couucif.xxvi., 
James Otis Oliver Partridge and Timothy Ruggles Esq" their Com- f^cwves.'vi., 
mittee to meet the Committees from the houses of Representatives 296. 



34 



Province Laws {Resolves, etc.). — 1765-0(5. [Chaps. GO, 01.] 



or Burgesses in the several Colonies on this Continent that may be 
convened on the first tuesday of October next at New York There- 
fore 

Resolved that there be granted and paid out of the publick Treas- 
ury to the said Committee the Sum of four hundred and fifty pounds 
to enable them to discharge the important Trust to which they are 
appointed. They upon their return to be accountable for the same. 
In council read and Concurred.' [^Passed June 20. 



CHAPTER 60. 



ORDER IMPOWERING GAWEN BROWN, GUARDIAN, TO JOIN WITH OTHERS 
IN SALE OF REAL ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
53. 

House .Jour- 
nal, p. 83. 
Province 
Laws, li., 151, 
chap. 10; xvii., 
287, chap. 142. 



A Petition of Gawen Brown of Boston, Guardian to his Son 
Mather Brown a Minor Setting forth That the said Minor in 
right of his deceased Mother is interested in a Lot of Land of 
about One hundred feet square fronting on Oliver Street in said 
Boston: that the s.^ Minors share is only five feet nine Inches in 
front, and that the other parties interested in the said Lot are about 
Selling their Shares: and inasmucli as they mny be prevented in their 
proposed Sale were this small proportion of the whole to be retained, 
and it can never be of any use to the minor to keep it, jjraying that 
he may be impowered as Guardian afores'* to join in y' Sale. 

Read and 

Ordered, That the Petitioner Gawen Brown in his Capacity of 
Guardian to Mather Brown a Minor be, and he hereby is authorised 
and impowered to join with the other Heirs of Anna Byles dec*^ in 
the Sale of the said Minors Interest in the Land mentioned in the 
petition, and in Executing a Deed of the same; He observing the 
directions of the Law respecting the Sale of Real Estates by Exec- 
utors & administrators and giving sufficient caution to the Judge 
of Probate to account for the proceeds of the Sale of the said minors 
Interest in s*^ Land according to Law. \^Passed June 21. 



CHAPTER 61. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR READJUSTMENT OF 
DOWER IMPROPERLY SET OFF. 



Legislative 
Records of the 
Council, xxvi., 
13,54. 

Legislative 
Records of the 
Council, xxvi., 
19, 44. House 
Journal, pp. 24, 
.39, 40, 72, 73, 85. 
Province 
Laws, xvii., 
291, chap. 152. 



A Petition of Rachel Thayer of Mendon Admin^ of the Estate 
of Samuel Thayer late of Mendon deceased Setting forth That 
in the Division of the said deceaseds Estate to and among the 
Heirs, there was divided and set off to Abner Thayer of Providence 
in right of his Wife Silence, Seventy Acres of Land in Mendon; 
since which one Samuel Thayer the 3*^ of said Mendon hath, in a 
due course of Law recovered the possession of said Land against the 
said Abner and Silence whereby they are deprived of their equitable 
proportion of the said Samuel Thayer's Estate, it now appearing 
that he was not lawfully Seized of the said 70 Acres. That there 

' Not found in the House Journal. 



[1st Sess,] Province Laws (lie.solves, etc.). — ITfiS-fW). 35 

are fourteen Heirs, some of whom are poor and have Sold tlieir 
shares, and others appear unwilling to refund, and tliat a new Divi- 
sion is impracticable. And praying in order that Justice may be done 
to the said Abner and Silence, that so much of the Lands as was 
set off to her the said Rachel as her right of Dower in the said 
Samuel's Estate may be set off to them, as shall be deemed equal 
to the Lands lost by them as aforesaid. 

The Committee appointed the 10"' Instant on the petition of 
Rachel Thayer having made Report, the following Order passed 
thereon, viz' 

Read and accepted : And thereupon 

Ordered that the Judge of Probate for the County of Worcester 
be directed to make out his Warrant to five Freeholders in said 
County to apprise on oath and to set off out of the Real Estate of 
Sam' Thayer deceased, of that part which is the Widow Rachel 
Thayer's Dower in said Samuel's Estate, so much thereof as will 
make up to the said Abner & Silence his Wife the loss of said Sev- 
enty Acres of Land; and their Return being made to the said Judge 
and accepted by him, shall be in full to quiet the said Abner & 
Silence for the loss of said Lands, and in the final Settlement of 
said Widows dower, regard shall be had to the Setting off the Land . 
abovesaid so as to divide to and among the Heirs of said Samuel 
Thayer only the remainder of the Widows Dower. [Passed June 21. 



CHAPTEK 62. 

ORDER ALLOWING £90 WITH INTEREST TO CHA. HARRISON. 

A Memorial of Charles Harrison Esq'' Setting forth That he Legislative 
purchased at Philadelphia ten Notes of £9 each, issued by the Treas- counc'if xxl^i^ 
urer of this Province dated 30''' May 1760, and endorsed by Royall 56. Mass.' 
Tyler Esq"" payable with Interest on or before the 20"' June 1764 but ^^fi^'^es, civ.. 
that upon presenting them to the Treasurer he was informed that '^^i^_ 
by an Order of this Government the Interest had ceased 31^* Ocf Archives, civ., 
1762. That he then living at Philadelphia was ignorant of the said Journal, pp. 79, 
Order, and did not imagine that he had a right to demand payment Laws'ivTIsTe, 
till after the 20''' of June 1765. And praying that he may be allowed chap. 6; 625, 
Interest accordingly 

Read and 

Ordered that the Sum of Ninety pounds be paid out of the jjub- 
lick Treasury to the Memorialist being the principal of the notes 
with in mentioned. and the Interest that shall appear due on 

the same till the 20"' of June 1764. [Passed June 21. 



CHAPTER 63. 

RESOLVE IMPOWERING THE SELECTMEN OF THE TOWN OF LEXINGTON 
TO RETURN HAMILTON HUSSEY TO HIS NATIVE COUNTRY. 

A Petition of William Reed Esq"" of Lexington in behalf of the Legislative 
said Town praying the Order of this Court with regard to one Ham- councif xxv^^ 
ilton Hussey a stranger, now resident there, who by Reason of Lame- 57. 
ness is unable to do anything towards his own Support. House Jour 

•^ ^ ^^ nal,p.87. 



36 



Province Laws {Resolves, etc.). — 1765-66. [Chaps. 64, 65.] 



Ante, p. 16, 
chap. 22. 



[Read and] 

Resolved in Answer to this petition that the Selectmen of the 
Town of Lexington be, and hereby are impowered to procure for 
Hamilton Hussey a passage to his Native Country so soon as he 
may be in a condition to undertake the Voyage and that they lay 
the Expence thereof before this Court. [^Passed June 21. 



CHAPTEE 64. 

ORDER IMPOWERING MICHAEL BACON, GUARDIAN, AND LYDIA BACON, 
ADM^, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
57^ 

House Jour- 
nal, p]). 83, 88. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Michael Bacon of Needham Guardian of Sarah 
Bacon only surviving Child of John Bacon late of Natick deceased 
& of Lydia Bacon Relict Widow of the said deceased & Admin^ of 
his Estate Setting forth. That the said John Bacon died Seized 
of a Dwelling house & Barn, and a Corn Mill & Saw Mill and about 
one Acre of Land near Natick Bridge. That the Saw Mill will soon 
come to ruin unless it be rebuilt, and the other Mill will want Re- 
jiairs, and that she the said Widow expects to have her Dower set 
off in another House & Land at some distance from the Estate before 
mentioned. Therefore praying that they may be impowered in their 
said Capacities to sell the Land and Buildings thereon, first men- 
tioned for the benefit of the Child, a Minor. 

[Read and] 

Ordered that the prayer of the petition be Granted: And the peti- 
tioners Michael Bacon and Lydia Bacon be and hereby are impow- 
ered to make Sale of the premisses for the most they will fetch, and 
to make and Execute a good Deed or Deeds thereof in the Law they 
observing the directions of Law for the Sale of Real Estates by 
Executors «& administrators, and giving sufficient caution to the 
Judge of Probate for the County of Middlesex that the money aris- 
ing by such Sale shall be put to Interest and well Secured for the 
benefit of y*^ Heir. [^Passed June 21. 



CHAPTER Q5. 



Legislative 
Records of the 
Council, xxvi., 
59. Mass. 
Archives, 
Ixxx., 585. 

House Jour- 
nal, pp. 68, 87. 
Province 
Laws, xvii., 
6;i3, chap. 280; 
634, chap. 281. 



RESOLVE ESTABLISHING WAGES AT CASTLE WILLIAM AND FORTS 
POWNAL AND HALIFAX AND STORE HOUSE AT CUSHNOC. 

Ue^olvd 

That the Establisment of Castle William, & That, for Fort Pow- 
nall be, & remain for y*^ present Year, as they were the last Year And 
that the Establishm* of Fort Hallifax, together with y^ Storehouse 
at Cushnoc, Consist of 

One Lieut' @ 

One Gunner @ 

Two sergeants each ....... 

Thirteen privates each ...... 

And that His Excell^" the Gov' be desir'd to give orders for the 
Discharge of all others at those Posts. [Passed June 21. 

» The House Journal, p. G8, reads, "Each £1. 10. per month." 



£.3 


t> month 


£3. 


Pdo 


£2. 


10. t> mo> 


£1. 


4 P mo 



[1st Sess.] Province Laws {Resolves, etc.). — 17<i5-(j0. 37 



CHAPTER 66. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

The Account of Joshua Ilenshaw Esq"" Treasurer for the County Legislative 
of Suffolk, having been laid before the Court for their allowance councu xxvu, 
the following Order passed thereon, viz'' ^^- 

Read and House Jour- 

Resolved That the within Account (being right cast and well '^^^•pp-"'^^- 
vouched) be allowed: And that the Treasurer be discharged of the 
Sum of Two hundred and thirty five pounds, fourteen shillings and 
three pence, which he has paid by order of the Court of Sessions, 
and that balance of the Sum of Three hundred and Eighty five 
pounds, five shillings and ten pence still remaining due to the 
County, and is outstanding [in] ' the hands of several Constables, 
he be further accountable for, when by him received. \^Passed 
June 22.^ 



CHAPTER 67. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE- 
SEX COUNTY. 

The Account of James Russell Esq"" Treasurer for the County Legislative 
of Middlesex, being laid before the Court for their Allowance, the c^unclf xxiv^ 
following Order passed thereon viz* 55. 

Read and House Jour- 

Resolved^ that the within Account (being right cast and well ^'''•pp-i*'''^- 
vouched) be allowed; and that the Treasurer be discharged of the 
Sum of One hundred and eighty nine pounds, ten shillings & eleven 
pence half penny which he has paid by Order of the Court of Ses- 
sions; and that a balance of the Sum of One hundred and Sixty 
three pounds, sixteen shillings & ten pence half penny still remain- 
ing due to the County, and is outstanding in the hands of several 
Constables, he be further accountable for when by him received. 
{Passed June 22.' 



CHAPTER 68. 

RESOLVE DIRECTING THE PROVINCE TREASURER NOT TO PROSECUTE 

CERTAIN BONDS. 

Resolved, That the Treasurer be directed not to prosecute any Legislative 
persons who have given Bonds to him for payment for any Lands couScif xxvl 
purchased of the Government West of Connecticut River within 59. 
the term of two years from this time unless the General Court House Jour- 
should otherwise order; or unless some one or more of the Obligees province 
in any Bond shall desire the same may be put in suit sooner, \^Passed \^\^^^h- 
June22. '*" ''^'" " 

' Inserted from the House Journal, p. 91. 

" This date is according to the House Journal; according to Legislative Records of the 
Council the date is June 21. 



38 



Province Laws {liesolves, etc.). — 1765-G6. [Chaps. G9-71.] 



CHAPTER 69. 

RESOLVE DIRECTING REPAIRS TO BE MADE TO SHIRLEY BATTERY. 

Eesolvd 

That it is necessary that the Eepair of Shirley-Battery, mention'd 



Legislative 
Records of the 
Council, xxvl., 
60. Mass. 
Archives, 
Ixxx., 586. 

Legislative 
Records of the 
Council, xxvi., 

journai"pp. 13, ^^ ^^^^ Excell'' Message should be made, and that the same be done 
14, 87, 88,' 89. ' with Stone, and the Comittee for y^ Repairs of y^ Castle are directed 
chup'.i." * to gett s^ Repairs made with stone in the best, & Cheapest Manner 
thay Can. [Passed June 22. 



CHAPTER 70. 



RESOLVE IMPOWERING THE TOWN OF PLYMOUTH TO RAISE £200. 



Legislative 
Records of the 
Council, xxvi., 
60. Mass. 
Archives, 
cxviii., 131, 137. 

House Jour- 
nal, pp. 17, 18, 
44,45 (1764); 
p. 90. Prov- 
ince Laws, iv., 
868, note; xvii., 
526, chap. 35. 



The Committee appointed by the Gen' Court in June 1764 to 
view Plimouth Beach and to report their opinion of the Cost of 
repairing & Securing y^ same have attended that service viewed the 
premisses and report that tis their opinion unless measures are soon 
taken for securing sd Beach there is very great danger that Plimouth 
Harbour and the Harbour between the Gurnet & Beach point will 
be both ruined. The Costs of sd repairs we apprehend will be very 
considerable and at least double the sum already granted by the 
Province We are also of opinion that it is reasonable the Town of 
Plim° should be at one half ye Costs of such repairs: 

James Otis <gj order 

[Read and] 

Resolved that the Town of Plimouth Raise the Sum of two hun- 
dred pounds which Sum together witli the two hund'' pounds granted 
by this Court in June last and now in the hands of Thomas Foster 
Esq"' be immediately apply'' to the Repairing the Harbour of Plim- 
outh iigreable to Such Directions as Trustees appointed by the Said 
Town Shall think proper and in Case the Town Refuse to Raise 
the Said Sum then that Thomas Foster Esq'' pay into the province 
Treasury the Aforesaid Sum of two hundred pounds on or before 
the Second Monday of the next Session of this Court and in Case 
the Said Sums of four hundred pound Should be more than suffi- 
cient for the Aforesaid purpose then the Town and province money 
be payd in Equall proportion and the Surplussage of the two hun- 
dred pounds be Returnd into the province Treasury and that 
the Sd Trustees keep a fair Acco*^ of all Expences & make Return 
to this Court as soon as the work is compleat or wlien the Court 
order such Account to be Rendred. [Passed June 22. 



CHAPTER 71. 

RESOLVE GRANTING 5,500 ACRES OF LAND TO AARON WILLARD AND 
ASSOCIATES TO MAKE GOOD A DEFICIENCY. 



Legislative A. PETITION of xiaroii WiUai'd of Lancaster in behalf of himself 

Council, xxvi., t& Associates in the purchase of the new Township N° 3 lying in 
^ the County of Hampshire Setting forth Tliat two thousand five 



[1st Sess.] Province Laws {Resolves^ etc.). — ITGS-^W;. 39 

hundred thirty seven Acres of the Land supposed to have been nouseJour- 
Grantcd them is cut off from said Township & taken into the J,^> {'.'rojji^' 
Township N" 9 owing to a mistake of the Northeast corner of the ^'^"'f • .^:^'b 
Township N" four and arising from an addition made to the Orig- '^ '^^" 
inal Survey & plan of said W 4: by means whereof the said pur- 
chasers are in want of such part of their Lands, and thereby 
reduced to additional disadvantages in regard to their purchase. 
And praying that they may have such remittance out of the orig- 
inal price of &^ Township or have such additional Grants as may 
be thought a reasonable compensation for such deficiency, and 
otherwise relieved under the disadvantage and difficulty aforesaid. 

Kead & Considered, And thereupon 

Resolved^ That the quantity of Five thousand and Five hundred 
Acres of Land to be taken up in the unappropriated Land of the 
Province, be granted to the said Aaron Willard and his associates, 
purchasers as aforesaid, in consideration of the deficiency of the 
Lands within mentioned, and of the damages to the Petitioners 
consequent thereon. \^Passed June 22. 



CHAPTER 72. 

RESOLVE WITH NOTICE AND STAY OF PROCEEDINGS ON THE PETITION 
OF THE TOWN OF BOXFORD IN REGARD TO A HIGHWAY. 

A Petition of John Hale and Asa Perley a Committee of the Legislative 
Town of Boxford Setting forth That upon a petition to the counclf, xl vu 
Court of Sessions held for the County of Essex in July 1760 for 6i. Mass. 
the laying out of a private way, a Committee was appointed for cxxL^isi. 
that purpose, who accordingly laid out the same, and the Sum of ^^\^, 
£154.3/ was assessed on the Town of Boxford in part of the dam- ^^|"\||' 
ages thereby sustained by certain Individuals. That upon a care- House Joiir- 
ful Search of the Eecords they have within days past found that province 
in the year 1686, a way was laid out in or near the same place, ,^^T^' ^'^Jl.y 
which was formerly improved as such, and ought to have been con- 
tinued. That six of the persons who were by the Committee afore- 
said allowed damages have brought their Actions against the said 
Town of Boxford, one of which brought by Jacob Gould as Heir 
to John Gould is now pending in the Superior Court and the other 
five under continuance to July next. And praying that the next 
Court of General Sessions of the peace for the County of Essex 
may be impowered to cause a revisal of said assessment on the 
Town of Boxford, and that all proceedings on the said actions may 
be stayed in the mean time. 

[Eead and] 

Resohied that the Petitioners Serue Jacob Gould as Heir to John 
Gould Ebenezer Curtis Nathaniel Symonds William Eills John 
Killam & Jonathan Town, with a Coppy of this Petition and that 
they Shew Cause if any they have on the Second Teusday of the 
Next Setting of this Court why the prayer of Said Petition Should 
not be granted and that all Proceedings upon the Six Actions Men- 
tioned in Said Petition be Stay*^ in the Mean time. [^Passed June 22. 



40 



Province Laws {Resolves, etc.). — 1765-66. [Chaps. 73, 74.] 



CHAPTER 73. 



Legislative 
Records of the 
Council, xxvi., 
10, 62. 

Legislative 
Records of the 
Council, xxvi., 
f)l. House 
Journal, pp. 21, 
81, 93. 



ORDER OF NOTICE WITH STAY OF EXECUTION IMPOWERING WILLIAM 
HOLLAND TO BRING FORWARD A WRIT OF REVIEW. 

A Petition of William Holland of Boston setting forth That 
he was served with a writ of Attachment returnable to the Inferior 
Court of common pleas held at Boston in Oct' last to Answer to 
one William Pattin of said Boston in an action of Trover for a 
barrel of Limejuice, That the petitioner engaged Rob*^ j^uchmuty 
Esq' his Counsel to defend the same; but it so happened that M' 
Auchmuty being then unavoidably detained in the Eastern parts 
of the Province by contrary Winds, and the petitioner likewise 
absent, the said Action was defaulted & judgment entered up 
against him for the whole Sum demanded being Ten pounds with 
Costs. And praying that he may have liberty to bring forward a 
Writ of Review of the said Action at the next Inferior Court of 
common pleas to be holden at Boston in and for the County of 
Suffolk; and that Execution. may be stayed in the meantime. 

Read and accepted: And 

Ordered., That the Petitioner William Holland be, and he hereby 
is authorized & impowered to bring a Writ of Review of the action 
mentioned in his Petition, to the Inferior Court of Common pleas 
for the County of Suffolk, to be holden at Boston on the first Tues- 
day in October next: And the Justices of the said Court are hereby 
also authorized & impowered to hear and try the said Action, make 
up Judgment and award Execution accordingly. And the Execution 
mentioned in the said Petition is hereby ordered to be stayed in tlie 
mean time, provided the petitioner give sufficient security to the 
Sheriff of the County of Suffolk to pay such Sum as may finally 
be recovered against him, with lawful Interest from the date of the 
said Execution. l^Passed June 24. 



CHAPTER 74 



ORDER directing THE PROVINCE TREASURER NOT TO PROSECUTE 
THE BOND OF ANDREW HALL. 



Legislative 
Records of the 
Council, xxvi., 
6-2. 

House Jour- 
nal, p. 78. 



A Petition of Andrew Hall of Boston Merchant Setting 
forth That he made a purchase of the Province Ship King 
George for £1,760 of which Sum £760 is paid, and he has given 
sufficient security for the remainder, to the Province Treasurer. 
That he hath met with some disappointments in his business, which 
renders it difficult for him to discharge his said Obligation at pres- 
ent, and as the Treasurer has received Orders to put in Suit all 
delinquent Bonds, Praying that he may be indulged with three 
Months further time for the payment of the balance aforesaid. 

Read and 

Ordered that the prayer of the Petition be granted, and that the 
Treasurer be directed not to prosecute the Bond within mentioned 
for the space of three Months from this time accordingly. \^Passed 
June 24. 



[1st Sess,] Province L, aw s, (^Resolves ^ etc.). — 1765-60. 41 

CHAPTEE 75. 

ORDER ALLOWING £72 TO JOSEPH LEE. 

A Petition of Joseph Lee Esq' Setting forth Thut in the year Legislative 
1754 He purchased of the Government a Tract of Land containing ^u^njlf xxvL 
upward of 5,000 Acres lying at a place called Miller's plain, and ^'^- iviass. 
gave Bond for the purchase consideration. That when he sent to xivi.'.sis! 
take possesion, he found a number of persons who had Settled on Mass. 
the same, and who would neither purchase nor attorn Tenants; but xIvT^mij' 
by the interposition of this Court they did finally deliver up pos- House .Jour- 
session, tho' not until the year 1758. And praying that the Prov- ?(M,'ioa'.'^Vrov- 
ince Treasurer may be directed to allow and repay to him the jjo4%^aT^34i^'' 
Interest arising on his Bond from the time of the purchase being 
made until the delivering the purchased premises to the Memorialist. 

Eead and 

Ordered that the Sum of Seventy two pounds be paid out of the 
publick Treasury to the Memorialis[t] being the interest on the pur- 
chase money of Lands lying in a place called Miller's plain which 
He bought of the Province in the year 1754 from the time of pur- 
chase to the time of his being put into possession. \^Passed June 24. 



CHAPTEE 76. 

ORDER EXEMPTING THE INHABITANTS OF CERTAIN PLACES FROM 
TAXATION BY FITCHBURG OR ASHBURNHAM. 

A Petition of Sundry Inhabitants of the Westerly part of Towns- Legislative 
hend and the Northerly part of Fitchburgh and the Northeasterly counclf xxv'^^ 
part of Dorchester Canada, praying to be incorporated into a Town 3T8; xxvi., m! 

or District. Legislative 

The following Order passed in consequence of the Eeport of countJ^f, xxv*.? 
a Committee of both Houses appointed to take under consideration |p; ^^p., i8. 
a petition of sundry Inhabitants of Townsend, Fitchburg & Dor- nai.pp.ioe.io'j, 
Chester Canada, and the several Answers made thereto viz^ p^f/syfyl' 

Read and Accepted: And in as much as it appears probable that Province 

,1 .•^- -^ • 1 , ,• 1 1 ^^ . -, . T^. . , Laws, IV., 946, 

the petitioners may in a short time hence be erected into a District note, 
altho' at present it might be inconvenient to seperate them from 
the Towns to which they belong. 

Ordered, That the petitioners be exempted from the payment of 
any Taxes that may after this time be granted by the proprietors 
or Inhabitants of Fitchburgh towards building their Meeting House, 
or by the proprietors or Inhabitants of Ashburnham towards the 
finishing their's. \^Pas8ed June 24. 



42 



Province IjAwh (^Resolves ^ etc.). — 1765-0(5. [Chaps. 77-79.] 



CHAPTER 77. 



RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIANS OF PLYMOUTH 

COUNTY INDIANS. 



Legislative 
Records of the 
Council, xxvi., 

ti4^ 

House Jour- 
nal, p. 95. 
Province 
L,'i\v8, xvi., 341, 
chap. 76, note. 



In the House of Representatives. The House taking into 
consideration the Accounts of the Guardians over the Indians in 
the County of plymouth. 

Resolved, that the same are right cast and well vouched, and that 
there is a balance due to James Thomas Indian Man in Middle- 
borough, the sum of Four pounds, nineteen shillings & eleven pence 
half penny and a further Sum of Forty one pounds, two shillings 
due to Steplien David, Indian of said Middleborough ; for each of 
said Sums the Guardians are still accountable : And that the Accounts 
of Thomas Felix of Middleborough are all ballanced. 

In Council, Read and Concurred. [Passed June 25. 



CHAPTER 78 



ORDER ALLOWING £2. 1 TO THE COMMITTEE FOR FARMING THE EX- 
CISE ON TEA, COFFEE AND CHIN A WARE FOR THE COUNTY OF SUF- 
FOLK IN 1763. 



Legislative 
Records of the 
Council, xxvi., 
65. 

House Jour- 
nal, p. '232 
(February, 
1763) ; pp." 105, 
IOC). Province 
Laws, xvii., 
338, chap. 256. 



An Account of Robert Stone Innholder, of the Expence of the 
Committee appointed to farm out the duties of Excise on Tea, 
Coffee & China Ware for the County of Suffolk in 17t)3, having 
been laid before the Court with the Committee's Certificate there- 
upon, the following Order passed for the payment of the said Ac- 
count viz* 

Read and Accepted: And 

Ordered that the Sum of Two pounds, one sliilling, be paid out 
of the public Treasury to the Committee for their Service in that 
affair, [Passed June 25. 



CHAPTER 79. 



Legislative 
Records of the 
Council, xxvi., 
65. Mass. 
Archives, 
xxxiil., 347. 

House Jour, 
nal, p. 107.' 
Province 
Laws, xvi., 241, 
chap. 76, note; 
xvii., 360, chap. 
305. 



RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIANS OF PUNKAPOG 

IND^s. 

Upon the Report of the Com*" on the accounts of Joseph 
Billings Guardian to the Punkepaug Indians, Read & 

Resolved that Said accounts be allowed and that the Said Joseph 
Billings Guardian be Further accountable for the Sum of sixty five 
Pound fifteen shillings and four pence of said Indians money Re- 
maining in his hands. [Passed June 25. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1765-66. 43 



CHAPTER 80. 

RESOLVE ALLOWING £17.5 TO THE COM''''^: TO CONSIDER OF SOLDIER'S 
SERVICES SINCE THE FIRST LOUISBURG EXPEDITION OF 1745. 

The Committe appointed & Directed by the Hon^''^ House of Legislative 
representatives to Set in y^ Recess of the Court to Consider a reward councif.x.wL, 
for the Soldiers. Since the First reduction of Louisbourgh Pray an Arcilwel' 
allowance for that Service ixxx., 587. 

Resolved that their be paid to the s*^ Committe The Sum' follow- House Jour, 
ing out of the Treasury viz*^ . ^February, 



To John Winslow Esq' 12 Days & 70 Mile at 6/ 4. 13. 

To Jon'i Bagley Esq"- 12. D° 80 4. 16 

To Docf Calf 12. D° 60 4. 10 

To Tho« Gilbert Esq' 6. 100 ;j. 6 

£17. 5. 

[^Passed June 26. 



1765) ; p. 105. 



CHAPTER 81. 

RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION 
OF JOHN FAIRSERVICE FOR A HEARING ON AN APPEAL. 

Upon the Petition of Jn° Fairservice of Boston Distiller, Shew- Legislative 
ing, that Suit was brought against him by Job Averell of Pownal- Records of the 
borough in the County of Lincoln Gent" to be tryed at Pownalborough 66. ' ' " '' 
on the first Tuesday of June Instant, and that the Petitioner was House Jour- 
on his passage to answer to the Action ; but being detained by con- "^'' ^' ^^'' 
trary Winds was defaulted, and Judgment made up against him, 
and Execution granted thereon, and he taken into Custody by the 
Sheriff of the County of Lincoln, the Petitioner prays liberty to 
appeal to the next Superior Court to be held at Falmouth &c 

Resolved, That the Petitioner notify the said Job Averell that he 
appear on the second Wednesday of the next Session of the General 
Court to shew cause if any he have, why the prayer of the Petition 
should not be Granted, and that Execution be stayed in the mean 
time. Provided that the Petitioner give Bonds with good security 
to the Sheriff of the County of Lincoln, that he will be answerable 
for any Sum that may be recovered on the final Trial with Interest. 
\_Passed June 25, 



CHAPTER 82. fe^«'^'^^«^%, 

Records of the 
Council, xxvi., 

ORDER ACCEPTING REPORT OF COMMITTEE IN REGARD TO LANDS Arch^vll'v 
LOST BY RUNNING LINE W^" N. HAMPSHIRE. 249. ' '' 

Mass. 

The Committee of the two Houses appointed to consider of the ^s-aiJ-^xivi' 
petitions of sundry persons, who by runing the Line between this 509-515.' 'Legls- 
Government & New Hampshire, have lost their Lands, have attended Ift^thlj coifncii, 
that service, made Report: Whereupon the following Order passed xxvi' *2i "?2 W 

viz* House Joiir- 

Read and Accepted And "{ukrch^G^) -, 

Ordered that the Several Grants therein mentioned be passed p-.^- ^f-'*' 
upon Seperately. [Passed J%ine 25. 264". '/wA'-a,' 

chaps. 83-94. 



44 



Province Laws {Resolves, etc. ) . — ITGo-GO. [Chaps. 83-85.] 



CHAPTER 83. 



RESOLVE GRANTING 1,200 ACRES OF EQUIVALENT LAND TO THE LEGAL 
REPRESENTATIVES OF THE LATE HON. WILLIAM TAILER, ESQ". 



Legislative 
Records ot the 
Council, xvi., 
67. Mass. 
Archives, 
xlvi., 522. 



Legislative 
Records of the 
Cotiucil, XXV., 
430. House 
Journal, 
pp. 303, 304 
(Marcli, 1765); 
p. 97. Prov- 
ince Laws, xi., 
655, chap. 13. 



On the Petition of William Tailer Esq: only son of the late 
lion. William Tailer Esq: de cease d, on behalf of himself and the 
rest of the heirs of the said deced, shewing that the Great & Gen- 
eral Court of this Province at their session in May 1732 granted 
one thousand acres of the unappropriated lands of the Province to 
the then Widow, who is since deceased, and to the Children of the 
said deceased AVilliam Tailer as a testimony of his good service done 
his Country; which land fell within the Province of New Hamp- 
sliire on running the line between this Province & Xew Hampshire 
Government. 

[Eead and] 

Resolv\l 

That in lieu thereof there be granted to the leg^l representatives 
of the said William Tailer deceased the quantity of twelve hundred 
acres to be laid out in any of the unappropriated lands belonging 
to this Province; to be laid out adjoining to some former grant and 
that they return a plan thereof into the Secretary's office in twelve 
months from this day. [^Passed June 25. 



Legislative 
Records of the 
Council, xxvi., 
67. Mass. 
Archives, 
xlvi., .527. 

House .Tour- 
nal.p. 97. 
Province 
Laws, xii., 275, 
chap. 33. 



CHAPTER 84. 

RESOLVE GRANTING 145 ACRES OF EQUIVALENT LAND TO JOSHUA 
WINSLOW & OTHERS PROPRIETORS OF COLRAIN. 

On THE Petition of Joshua Winslow & others, praying for a 
consideration for one hundred and forty five acres 6f Land lost by 
the Proprietors of Coleraiii so Called; the said land falling into 
New Hampshire on running the line between this Government & 
New Hampshire. 

[Eead and] 

Resolv'd 

That in lieu thereof there be granted to the Petitioners their 
heirs & assigns One hundred & forty five acres out of a gore of six 
hundred & thirty nine acres adjoining to said Town: the residue of 
said Gore to remain to the Province and that they return a plan 
thereof into the Secretary's office in twelve Months from this day. 
[^Passed June 25. 



CHAPTER 85. 



RESOLVE GRANTING 7,350 ACRES OF EQUIVALENT LAND TO OLIVER 
PARTRIDGE AND OTHERS OF BERNARDSTON. 



Legislative Qn THE PETITION of Oliver Partridge Esquire & others, proprie- 

Councii,xxvi., tors of a towii Called Bernardston shewing that on running the line 

ArcWve^s^,' between this Province & New Hampshire, they lost seven thousand 

x'vi-. i*--*- three hundred & fifty acres of land. 



[1st Sess.] Province Laws (^Resolves, etc.). — 17G5-6G. 45 

Hesoiv «, Province 

That in lieu thereof there be granted to tlie proprietors of Ber- ciuip!'iii;'Vy7| 
nardston who have lost their lands, their heirs & assigns Seven *^'"*i'- ^^'~'' ""'*^- 
tliousand three hundred & fifty acres of the unappropriated lands 
belonging to this Province, to be laid out adjoining to some former 
Grant: & that they return a" plan thereof into the Secry's office in 
twelve months from this day. \^Passcd June 25. 



CHAPTER 86. 

RESOLVE GRANTING 400 ACRES OF EQUIVALENT LAND TO TELEG 

WISWELL. 

Ok the Petition of Peleg Wiswell, shewing that there was Legislative 
granted to the heirs & representatives of his father Ichabod Wis- counclf, xxw^, 
well, agent for the late Colony of Plimouth, for his services, three e^- ¥',Vfs- 
hundred acres of land; and that the said Peleg liad purchased all xivi., o2ti.' 
the shares of the other Children of the said Ichabod his father; Legislative 
That the whole of his lands granted fell within the Governm' of oouncu xx*v^ 
New Hampshire upon running the line between this Province & 4;n. House \ 
New Hampshire; 98!"pTOvincl'' 

Itesolv a, chap. 20. 

That there be granted to the said Peleg Wiswell his heirs & 
assigns four hundred acres of the unappropriated lands belonging 
to this Province in lieu thereof; to be laid out adjoining to some 
former Gr3,nt and that he return a plan thereof into the Secretary's 
Office in twelve months from this day. \^Pass6d June 25. 



CHAPTEE 87. 

RESOLVE GRANTING 1,500 ACRES OF EQUIVALENT LAND TO HEIRS OF 

THOMAS CORBET. 

Resolved that there be granted to the Heirs & Assigns of the Rev*^ S'^sisiative 

o o R6C0ru8 ot trie 

M' Thomas Corbet fifteen hundred Acres of the unappropriated council, xxvi., 

Lands of this Province in lieu of Five hundred & twenty Acres, ^II 

upon which he had made great improvements, and were lost, in Mass. 

. Archives xiv 

Methuen on runing the Line between this Province and New Hamp- 397-399. Mouse 
shire, to be laid out adjoining to some former Grant; and that they ''""^'^^i-p-^^. 
return a plan thereof into the Secretary's office in twelve Months 
from this day. [Passed June 25. 



46 



Province Laws {Resolves, etc.). — ITBS-Gli. [Chaps. 88-90.] 



CHAPTER 88. 



Legislative 
Records of the 
Council, xxvi., 

68. Mass. 
Archives, 
xlvi., 528. 

House Jour- 
nal, pp. 98, 99. 



RESOLVE GRANTING 1.080 ACRES OF EQUIVALENT LAND TO STORY DAWS 
AND PETER ROBERTS. 

Rpsolv^d, 

That there be granted to Story Daws & Peter Roberts heirs of 
John White Esq; of Boston, One thousand and eighty acres of the 
unappropriated lands belonging to this Province in consideration 
of their loss of Nine hundred acres of equivalent lands taken from 
them on running the line between this Province And New Hamp- 
shire to be laid out Adjoining to some former Grant, and that 
they return a plan thereof into the Secretary's office in twelve months 
from this day. \^Passed June 25. 



CHAPTER 89. 



Legislative 
Records of the 
Council, xxvi., 
b8. Mass. 
Archives, 
xlvi., 521. 

Mouse Jour- 
nal, p. 98. 



RESOLVE GRANTING 390 ACRES OF EQUIVALENT LAND TO JOSEPH 
WELD AND OTHERS. 

Resolv'd 

that there be granted to Joseph Weld and others, heirs of John 
White Esq : three hundred and Ninety acres of the Unappropriated 
lands belonging to this Province in consideration of their loss of 
three hundred & twenty five acres which fell into New-Hampshire 
on running the line between this Province & that And that 

the same be laid out Adjoining to some former Grant. And that 
they return a plan thereof into the secretary's office in twelve months 
from this day. \^Passed June 25. 



CHAPTER 00. 



RESOLVE GRANTING 1,200 ACRES OF EQUIVALENT LAND TO MRS. ELIZ* 

RAND. 



Legislative 
Records of the 
Council, xxvi., 
69. Mass. 
Archives, 
xlvi., 520. 

House Jour- 
nal, p. 145 
(Januarv, 
1765); p." 98. 
Province 
L.aws, xi., 795, 
chap. 219; xii., 
61, chap. 122. 



On THE Petition of M" Elizabeth Rand in the right of Lieuten- 
ant Governor Goffe for one thousand acres of land granted in Con- 
sideration of Service done, & money paid by the s'' Lieu* Governor; 
which land (on running the line between this Province & New Hamp- 
shire) fell into that province. 

[Read and] 

Resolv\l That in lieu thereof there be granted to the Petitioner, 
her heirs & assigns twelve hundred acres of the unappropriated 
lands belonging to this Province, to be laid out Adjoining to some 
former grant: and that she return a plan thereof into the Secre- 
tary's office in twelve Mouths from this day. [Passed June 25. 



[1st Skss.] Province Laws {Resolves, etc.). — 17(J5-6(). 47 



CHAPTEK 91. 

RESOLVE GRANTING A TOWNSHIP OF SEVEN AND ONE HALF MILES 
SQUARE AS AN EQUIVALENT TO THE PROPRIETORS OF BAKERS TOWN. 

On the Petition of Samuel Gerrish Esq'' on behalf of the Pro- Legislative 
prietors of a Township of the Contents of six miles Square, granted {^u^,'^!|f "' **^^ 
to the officers and Soldiers of the Companies under the Command «9. Mass.' 
of Cap' John March, Cap' Stephen Greenleaf and Cap' Philip Nelson cxviii!,*i5o. 
commonly known by the name of Baker's Town, who were in the Legislative 
Expedition against Canada in 1690; that the whole of said Town- Records of the 
ship fell within the Limits of New-Hampshire on the runing the 429. House '' 
Line between this Province and New-Hampshire; for which the f March',' iTfJ"? 
Grantees have received no Consideration, either from this Province, pp- loo.'ioi. 
or the said Government of New-Hampshire. Laws, xii., 348, 

r-n 1 n chap. 203; 457, 

[Read and J ^ _ chap. 233 -sii, 

Resolved, That in Lieu thereof, there be granted to the Petitioner, J:{J!Jp- \l^ ^^'^' 
and the legal Representatives or assigns of the Original Grantees, 
a Township of the Contents of seven and an half Miles Square in 
the unappropriated Lands belonging to this Province 

Provided, That the Grantees within six Years settle thirty Families 
in said Town, build a House for public worship and settle a Learned 
Protestant Minister, and lay out one Sixty fourth Part of said Town 
for the Use of the first settled Minister, and one other sixty fourth 
Part for the Ministry and one other Sixty fourth Part for a Grammer 
School, and one Sixty fourth Part for the Use of Harvard College. 

Provided also, That the said Township be laid out on such a Part 
of the unappropriated Lands belonging to this Province, adjoining 
to some former Grants to the Eastward of Saco River; and that 
they return a Plan thereof into the Secretary's Office within twelve 
months from this Day for Confirmation. \^Passed June 25. 



CHAPTER 92. 

RESOLVE GRANTING A TOWNSHIP OF SEVEN MILES SQUARE AS AN 
EQUIVALENT TO THE PROPRIETORS OF ROWLEY (CANADA). 

On" THE Petition of Benjamin Mulliken Esq"", Mess" Thomas Legislative 
Perley and Moody Bridges Agents for the Proprietors of a, Tract councif xiv*i^ 
of Land of six Miles Square, granted to John Tyler, Joseph Pike «9- Mass." 
and Others, Officers and Soldiers in the Canada Expedition in 1690, cxviii^Tii. 
known by the name of Rowley Canada; that the whole of said Tract Legislative 
fell within the Government of New-Hampshire, when said Line Records of the 
was ascertained, saving about two Thousand seven Hundred acres, 429. House 
which remained to this Province, and has been since sold by this fMarch!'K65)'f 
Government, and is now Part of that Land called Royallshire. P- ^^\- pj'o^.-. 

r-P, , '-, •' inceLaws, xii., 

[Read andj 348, chap. 203; 

Resolved, That in Lieu thereof, there be granted to the Petitioners, ^^^' ^^^^'- "'' 
and the legal Representatives or Assigns of the Original Grantees, 
a Township of the Contents of Seven Miles Square, in the unap- 
propriated Lands belonging to this Province. 

Provided, That the Grantees within six years settle thirty Families 
in said Town, build a house for public Worship, and settle a Learned 



48 



Province Laws (i?e.soZye.s,e^c.). — 1765-66. [Chaps. 93,94.] 



Protestant Minister, and lay out one Sixty fourth Part of said Town 
for the use of the first settled Minister, and one other sixty fourth 
Part for the Ministry, and one other Sixty fourth Part for a Gram- 
mer School, and one sixty fourth Part for the use of Harvard College. 
Provided Also, That said Township be laid out on such a Part of 
the unappropriated Lands belonging to this Province, adjoining 
to some former Grants to the Eastward of Saco River; and that 
they return a Plan thereof into the Secretary's Office within twelve 
Months from this Day for Confirmation. [Passed June 25. 



CHAPTEE 93. 

RESOLVE GRANTING A TOWNSHIP OF SEVEN MILES SQUARE AS AN 
EQUIVALENT TO THE LEGAL REPRESENTATIVES AND HEIRS OF THE 
COMPANY OF CAPT. JOSEPH SYLVESTER. 



Legislative 
Records of the 
Council, xxvi., 
71. Mass. 
Archives, 
cxviii., 152. 

Legislative 
Records of the 
Council, XXV., 
428. House 
.Journal, 
pp. ;W1, 309 
(March, 1765) ; 
_p. 101. Prov- 
ince Laws, 
xii., 145, chap. 
45; 147, chap. 
48; '289, chap. 
66. 



On THE Petition of James Warren and Josepli Josslyn, Esq'' 
and M"" Charles Turner, Agents for the Proprietors of a Township 
granted to Cap' Joseph Sylvester and Company who served in the 
Expedition against Canada in 1690, which Township was known by 
the name of Sylvester Canada; and that the whole of said Tow^n- 
ship (on runing the Line between this Province and Xew-IIamp- 
shire) fell within the Government of Xew-Hampshire. 

[Read and] 

Resolved, That in Lieu thereof there be granted to the Petitioners, 
and the legal Representatives or Assigns of the said Josepli Sylvester 
& Company a Township of the Contents of seven Miles Square in 
the unappropriated Lands belonging to this Province. 

Provided, Tluit the Grantees within six Years settle thirty Families 
in said Town, build a house for public Worship, and settle a Learned, 
Protestant minister, and lay out one sixty fourth Part of said Town 
for tlie Use of the first settled minister, and one other sixty fourth 
Part for the ministry, and one other sixty fourth Part for a Gram- 
mer School, and one sixty fourth Part for the L^se of Harvard 
College. 

Provided also. That the said Township be laid out on such a Part 
of the unappropriated Lands belonging to this Province, adjoin- 
ing to some former Grants to the Eastward of Saco River ; and that 
they return a Plan thereof into the Secretary's Office within twelve 
Months from this Day for Confirmation. [Passed June 25. 



CHAPTER 94. 

RESOLVE GRANTING A TOWNSHIP AS AN EQUIVALENT TO THE LEGAL 
REPRESENTATIVES AND HEIRS OF THE COMPANY OF CAPT. WILLIAM 
RAYMOND. 



Legislative 
Records of the 
Council, xxvi., 
71. Mass. 
Archives, 
cxviii., 141. 

Mass. 
Archives, 
ccxliii., 96. 



On THE Petition of the Agents for the Proprietors of a Town- 
ship granted to Cap' Will'" Raymond and others who served in the 
Expedition against Canada in 1690 which Township (on running 
the Line between this Province and ISTew Hampshire) ' fell within the 
Government of Xew Hampshire 

[Read and] 

' Inserted. 



[1st Sioss.] Province Laws {Resolves^ etc.). — 1765-GO. 49 

Resolved That in Lieu thereof there be granted to the Petitioners, Maps nw] 
and the legal Kepresentatives or Assigns of the said William Kay- xJv.'l^i.^'iiouse 
mond a Township of the Contents of 8ix miles and three quarters '^^l^'^^^f\^^^ 
of a mile Square, in the unappropriated Lands belonging to this WovinVe 

T> • Laws, xli., 144, 

Province. chap.4i; iiss, 

Provided that the Grantees within six Years settle thirty Families ^hap. 253. 
in said Town build a House for public Worship and settle a learned 
Protestant minister, and lay out one sixty fourth part of said Town 
for the use of the first settled minister, and one other sixty fourth 
part for the ministry, and one other sixty fourth part for a Gram- 
mar School, & one sixty fourth part for the use of Harvard College. 
Provided also that the said Township be laid out on such a part 
of the unappropriated Lands belonging to this Province adjoining 
to some former Grants to the Eastward of Sacco Eiver. And that 
they return a plan thereof into the Secretary's Office within twelve 
mouths from this day for confirmation. \_Passed June 25. 



50 Frovjnce Li Aws(Besolves, etc.). — 1765-6(), [Chap. 95.] 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fifth Day of September, A.D. 

1765- 

CHAPTER 95. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR BURN" GOVERNM^ 
SECURITIES AND DISCHARGING THE PROVINCE TREASURER OF THE 
SUM OF £93,164. 19. 8. 

Legislative The COMMITTEE appointed to repair to the Province Treasurers 

Council, xxvi., and take an account of the Government securities in his hands & 
Arcmv*c^8%iv., see them burnt and consumed to Ashes, have attended that service 
367. and have received of M' Treasurer Gi'ay Government securities paya- 

MasB. ble in June 1758 of the old form Two liundred fifteen pounds, ten 

iwti^'^Legisia^'' shillings & eleven pence, the Interest paid thereon Seventy two 
thif Cminci!^ °* pounds oiic shilling & eleven pence makes Two hundred eiglity 
xxvi., 45. ' seven pounds, twelve sliillings & ten pence. Also (lovernment 8ecu- 
mii"pp.'^76"i27. rities payable in October 1758 of the old form thirty two pounds, 
the Interest paid thereon Eight pounds, seventeen shillings and 
three pence, makes Forty pounds, seventeen shillings lS: three pence. 
Also Government securities payable in June 1760 of the old form 
One hundred eighty six pounds and eight pence the Interest paid 
thereon Twenty seven pounds, eighteen shillings and seven pence, 
makes Two liundred and thirteen pounds, nineteen shillings and 
three pence. Also Government securities payable in June 1761 old 
form Eighty eight pounds, the Interest paid thereon Eleven pounds 
nineteen shillings & seven pence, makes ninety nine pounds, nine- 
teen shillings and seven pence. Also Government Securities payable 
in June 1762 old form Five hundred ninety five pounds five shil- 
lings and eleven pence, the Interest paid thereon Forty five pounds, 
fifteen shillings and two pence makes Six hundred Forty one pounds, 
one shilling and one penny. Also Government Securities payable in 
June 1763 of the old form Three hundred forty one pounds, the 
Interest paid thereon Twenty eight pounds fourteen shillings and 
ten pence, makes Three hundred Sixty eight pounds fourteen shil- 
lings and ten pence. Also Government Securities payable in June 
1764 old form Nine hundred eighty two pounds, twelve shillings and 
four pence, the Interest paid thereon One hundred forty four pounds 
four shillings and four pence, makes Eleven hundred twenty six 
pounds sixteen shillings and eight pence. Also Government Secu- 
rities payable in June 1765 old "form Five thousand, nine hundred 
and eighty six pounds, six shillings and two pence, and the Interest 
paid thereon Five hundred and six pounds nine shillings, and nine 
pence, makes Six thousand four hundred ninety two pounds fifteen 
shillings & eleven pence. Also Government Securities payable in 
June 1763 new form Fifteen hundred and forty eight pounds, the 



[2d Sess.] Province Laws {Resolves, etc.). — 1765-66. 51 

Interest paid thereon. One lumdred and three pounds sixteen shil- 
lings, makes Sixteen luindred fifty one pounds, sixteen sliillings. 
Also Government Securities payable in Juno 1704 new form, Eleven 
thousand One hundred and seven pounds the Interest paid thereon 
Seven hundred fifty six pounds, ten shillings and two pence makes 
Eleven thousand, eight hundred Sixty three pounds ten shillings 
and two pence. Also Government securities payable in June 1765 
new form, Sixty six thousand six hundred ninety three pounds, the 
Interest paid thereon Three thousand six hundred eighty four pounds, 
sixteen shillings & one penny, makes Seventy thousand three hun- 
dred seventy seven pounds, sixteen shillings & one penny. All which 
Sums amount to Ninety three thousand one hundred Sixty four 
pounds, nineteen shillings and eight pence, which we have seen 
burnt and consumed to Ashes 

Signed And"*^ Oliver p Order 

Read and 

Ordered that this report be accepted and that the Treasurer 
be dischargd of the Sum of Ninety three thousand one hundred 
Sixty four pounds Nineteen Shillings and eight pence accordingly. 
{^Passed September 27. 



CHAPTEK 96. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL 

COUNTY. 

The Account of Robert Luscombe Treasurer of the County of ^^«'^^?"^^ . 
Bristol having been laid before the Court for allowance, the follow- councif, xxvi^ 

ing Order passed thereon viz' ^1: 

Read and Accepted : And House Jmir^^ 

Resolved that the within Account (being right cast and well 
vouched;) be allowed, and that the Treasurer be discharged of the 
Sum of One hundred seventy nine pounds, two shillings and two 
farthings, and that a balance of the Sum of Forty seven pounds, 
five shillings and four pence due to the County he be further ac- 
countable for. \^Passed Septemher 27. 



CHAPTER 97. 

RESOLVE IMPOWERING THE TOWN OF SCARBOROUGH TO CHOOSE A 
COLLECTOR OF TAXES. 

A Petition of John Stuart, Representative for the Town of Reford^of the 
Scarborough Setting forth That one George Lebby Constable of Council, xxvi., 

the said Town was employ 'd in the year 17G2 to collect the Taxes ?-^ 

laid upon said Town; that he had collected part, but not having nairpp.'^i2M27. 
collected the whole in season an Execution was issued from the Province 
Province Treasurer, whereupon he absconded, and the Town not note. ' 
being impowered by Law to appoint any other person to that office. 
Praying that they be enabled to impower some person to collect the 
Taxes that remain due. 

[Read and] 



52 



Province Laws (Resolves, etc.). — 1765-66. [Chap. 98.] 



Resolved, That the prayer of this petition be granted ; and that 
the Town of Scarborough be and is hereby fully authorized and 
impowered at a Town Meeting called for that purpose to choose a 
suitable person to collect the outstanding Taxes that are borne on 
the Tax Bills committed to George Lebby to collect in the year 1762, 
who has absconded and not compleated his Collections, and the per- 
son so chosen shall be vested with all the powers and authorities to 
collect the same, that the Collectors of Taxes by Law are vested 
withal, and is hereby directed and required to pay in his Collections, 
to the respective Treasurers to whom the same are payable, and 
finish his Collections and settle his accounts with them by the last 
day of march next ; and that the said Treasurers are hereby directed 
not to issue their Executions in the mean time. [Passed Septem- 
ber 27. 



CHAPTER 98. 



Legislative 
Records of the 
Council, xxvl., 
81. Mass. 
Archives, xix., 
741. 

Mass. 

Archives, xix., 
740. House 
Journal, p. 128. 
Province 
Laws, 11., 151, 
chap. 10. 



RESOLVE IMPOWERING JOHN CHOATE, JR., GUARDIAN. TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS, 

A Petition of John Choate jun' of Ipswich Guardian to Chris- 
tian Lucy and Abigail Wainwrigiit minors & Children of Jn° Wain- 
wright late of Ipswich dec'* Setting forth That John Wise late of 
Ipswich dec'' Grandfather to the said Minors, did after certain Leg- 
acies devise the remainder of his Estate to the said Minors together 
with the Wife of tlie petitioner, and made his Brother M^ Henry 
Wise his Exec' That the said Executor by Selling a considerable 
part of the Real Estate has been enabled to pay the Debts of the 
deceased; but that there remains Seventeen pounds unpaid of the 
Legacies. That tliere is a Dwelling house with about half an Acre 
of Land belonging to it situate in Ipswich, which House is so out 
of Repair, that it would take a considerable part of the value of 
the remaining Lands to fit it up, and after all would not accomo- 
date the Heirs. And praying that he may be impowered in his 
capacity of Guardian to sell the said House and Land, that he 
may be thereby enabled to pay the Legacies, he to be accountable 
for the overplus. 

[Read and] 

Resolvi'd 

That the prayer of the pet° be Grantd and the petitioner is herby 
fully Impowerd in his Capacity of Guardian to make Sale of the 
House & Land adjoyning mentiond in &^ Pet" for the most the 
Same will fetch ; & to make & Execute a Good Deed or Deeds in 
the Law for y* Same, He first posting Up Notifications of the time 
& place of Sale, and Giving Caution to the Judge of Probate for 
the County of Essex that the Proceeds of said Sale be Applyed as 
follows Viz That the Sum of Seventeen pounds be Applyed 

for the paying Legacys & that He be accountable to the Judge of 
Probate of S" Countv for the remainder of the proceeds arrising by 
s** Sale.' [Passed September 27. 

* Adjourned to October 23. See Legislative Records of the Council, xxvi., 82. 



[2d Sess.] Province Laws {^Resolves, etc.). — 1765-66. 53 

CHAPTER 99. 

ORDER ADJOURNING COURTS IN WORCESTER COUNTY. 

Whereas tlie Court of General Sessions of the peace and Infe- Legislative 
rior Court of Common pleas are by Law appointed to be held at councu^xxvl? 
Worcester for the County of Worcester on the first Tuesday of «^ ' 



November next; and divers of the Justices of said Courts and other House Jour- 
persons who are concerned in business there, are Members of the "'rovilu'c*"' ^**" 
General Court, and the important affairs of the Province now de- '^,^^*'«'iy-''^37, 

. , . ^T ■.^T^ o chap. 20; v., 65, 

pending require their attendance. vViiereiore note. 

Ordered, That the said Court of General Sessions of the peace 
and Liferior Court of common pleas which by Law are to be held 
at Worcester aforesaid on the said first Tuesday of November, be 
and hereby are adjourned to the first Tuesday in January next to 
be held at the Court House in the said Town of Worcester at ten 
of the Clock in the forenoon of said day : And all pleas Writs Actions, 
Suits, Complaints, processes, precepts. Recognizances & other thing 
& things whatsoever returnable and having day or days in the said 
Courts, shall stand abide and continue unto the said Adjournment, 
and be held deemed & adjudged to be as good, effectual and avail- 
able in Law to all intents & purposes whatsoever, as if such Courts 
had been held and kept on the day by Law for holding the same, 
and no Adjournment thereof had been made. \_Passed October 25. 



CHAPTER 100. 

RESOLVE IMPOWERING MARY STANNY, EXECUTRIX, TO SELL REAL 

ESTATE. 

A Petition" of Mary Stanny Executrix of Cap' Richard Stanny Legislative 
dec'' Setting forth That the said deceaseds Real Estate is much councn, xl- v*i^, 
out of repair and daily growing worse; that she has now a good ^ 



opportunity to sell the said Estate And praying that she may be House Jour- 
enabled to execute a Deed thereof, in order to pay otf the Debts °'' ' *'' 
due on said Estate, She to account for the proceeds according to 
Law: the said Real Estate lying at the Northerly part of Boston 
and consisting of a House and Land butting Westerly on Back 
Street & Southerly on Beer Lane. 

Read and thereupon 

Resolved that the petitioner be and hereby she is authorised in 
her capacity of Executrix of Richard Stanny dec** to make Sale of 
the Real Estate mentioned in this Petition and to make and Exe- 
cute a good Deed thereof in the Law, She first giving security to 
the Judge of Probate for the County of Suffolk that the proceeds 
shall be applied for the purposes mentioned in her petition. \^Passed 
October 25. 



54 



Province Laws (i2eso?ves, e^c). — 1765-66. [Chaps. 101, 102.] 



CHAPTER 101 



RESOLVE IMPOWERING DANIEL HUNT, GUARDIAN, TO SELL REAL 

ESTATE. 



90 

House Jour- 
nal, i>. 139. 
Province 
Laws, ii., 161, 
chajj. 10. 



Rlfords'ofthe ^ PETITION of Daniel Hunt of Relioboth Guardian to Anna 
Council, xxvi., Bosworth a Minor, daughter of Joseph Bosworth deceased Set- 
ting forth, That the said Minors personal Estate is insufficient to 
pay the charges he has been at for her account, besides which he 
hath expended for her to the amount of £130.8.7 and praying that 
he may be enabled to make Sale of her Real Estate to enable him 
to discharge the said Debt. 
Read and 

Resolved that tlie prayer of the Petition be granted, and the 
Petitioner in his capacity is accordingly impowered to make Sale 
of the whole of the said Minors Real Estate therein mentioned for 
the most the same will fetch for the purpose within mentioned, and 
to make and Execute a good Deed or deeds thereof, he observing 
the directions of the Law respecting the Sale of Real Estates of 
Intestates, the said Petitioner to account with the Judge of Pro- 
bate for the County of Bristol after the Sale thereof. ^Passed 
October 25. 



CHAPTER 102. 



RESOLVE CONFIRMING THE PROCEEDINGS OF THE TOWN OFFICERS OF 

BOOTHBAY. 



Legflslatlve 
Records of the 
Council, xxvi., 
90. Mass. 
Archives, 
cxviii., 155. 

Mass. 
Archives, 
cxviii., 1.54. 
House Jour- 
nal, pp. 127, 138, 
139. Province 
Laws, i., (Jo, 
Chap. 28. 



A Petition of tlie Selectmen of Bootlibay Setting fortli That 
soon after their Incorporation, the Inhabitants by virtue of a special 
order of the General Court assembled and chose Town officers, which 
was done in February last, and so neglected choosing such Officers 
in the month of March following, as by Law they ought to have 
done, which they are now sensible was a mistake in them. And 
praying that the officers chosen in February as aforesaid may be 
Confirmed in tlieir respective Offices until new ones shall be chosen 
in Mareli 17«)(J 

[Read and] 

Resolved that the Prayer of the foregoing Petition be So far 
Granted that the Several Town officers Chosen in February last as 
mentioned in Said Petition, and their Proceedings in Consequence 
of their Respective offices for the time Past be held good and vallid 
to all Intents & Purposes as much as tho they had been Chosen in 
the month of march last & that Said officers retain their respective 
offices and Excersise ' the Same in Said Town untill others Shall be 
Chosen in their room to y^ respetive ' town offices in y*^ month of 
march next any thing in y^ Law to y^ Contray ' notwithstanding. 
{^Passed October 25. 

1 Sic. 



[2d Sess.] Province Laws (liesolves, etc.). — 1765-66. 55 



CHAPTER 103. 

RESOLVE IMPOWERING JOSEPH HAYWARD, EXECUTOR, TO SELL A POR- 
TION OF AN ESTATE. 

A Petition of Josepli Hayward Executor of tlio last Will & Legislative 
Testament of Joseph Maynard jun"' late of Sudl)ury deceased Set- councif.xxvL, 

ting forth That tlic said deceaseds Estate is indebted £78.13.274 '•!!!: 

more than the Moveables were apprised at. And praying that he ^.^,"^f f^""''' 
may be impowered to sell so much of the Real Estate as will enable Province 
him to pay the said Debts. chap!'io." ^^^' 

Read and 

Resolved that the prayer of the petition be granted; and the peti- 
tioner Joseph Hayward be and hereby is impowered to make Sale 
of so much of said Estate as may be needful to pay the just debts 
of the deceased, and to make and execute a good Deed or deeds 
•thereof in the Law, he observing the Steps of the Law for the sale 
of Real Estates. [Passed October 25. 



CHAPTER 104. 

RESOLVE IMPOWERING WILLIAM STONE TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of William Stone Setting forth That he hath Legislative 
under his care one Mary Davis a person both deaf and dumb, and councir.xxvL, 

otherwise disabled by Age and Infirmities to support herself: that '^li 

the said Mary's Mother left her a House and Laud, at the Northerly naT^^ffa'^^" 
part of Boston for her comfort and support, which House is now Proviiice ' 
old and not tenantable : Therefore praying that he may be enabled ^hapf lo.'' ^^^' 
to sell the said Estate, the produce thereof to be applied for the 
maintenance of the said Mary Davis. 

[Read and] 

Resolved that the prayer of the Petition be granted, and that 
William Stone the Petitioner be and hereby is impowered to make 
Sale of the premises for the most they will fetch, and make and 
Execute a good Deed thereof in the Law, he observing the Rules 
of Law for the Sale of Real Estates by Executors and Administra- 
tors, and giving sufficient security to the Judge of Probate for the 
County of Suffolk, that the proceeds coming thereby shall be ap- 
plied for the benefit of the within named Mary Davis, and the pay- 
ment of her just debts, and that the overplus (if any be) to be 
secured for her lawful Heirs. [Passed October 25, 



CHAPTER 105. 

RESOLVE IMPOWERING MARY BROWN, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



A Petition of Mary Brown Admin^ of the Estate of her late Legislative 
Husband Isaac Brown of Waltham deceased Setting forth That counc'if.xx' 
the said deceased left four Children, and a small tenement lying in j^i- 



56 



Province 'LAWs,{Iiesolves,etc.). — 1765-66. [Chaps. 10^), 107.] 



House Jour- 
nal, pp. 142, 143. 
Province 
Laws, ii., 151, 
chap. 10. 



Waltham, and that his personal Estate is not sufficient to pay the 
said deceaseds debts. That the said Estate is incapable of a Divi- 
sion, and one of the daughters being Married would be glad of her 
share of her Fathers Estate. And praying that she may be enabled 
to make Sale of the premises, She to be accountable. 

[Read and] 

Resolved that the prayer of the within Petition be granted ; and 
the Petitioner Mary Brown in her capacity of Admin^ provided 
her present Husband Nathan Brown join with her in the Sale, be 
and hereby is impowered to make Sale of the Real Estate within 
mentioned for the most it will fetch, and to Execute a good Deed 
or Deeds in Law of the same, She observing the directions of the 
Law relating to the Sale of Real Estates by Exec" and Administra- 
tors, and giving sufficient security to the Judge of Probate for the 
County of Middlesex, that the money arising from the Sale thereof 
shall be applied to the payment of the just debts of the within men- 
tioned Isaac Brown deceased, and that the Overplus shall be divided 
among the Heirs of the deceased according to Law. Reserving to 
the Widow the Income of one third part thereof during her natural 
life, instead of her right of Dower in the premises. {^Passed Octo- 
ber 25. 



CHAPTEK 106. 

RESOLVE IMPOWERING ZEBULON LEONARD, GUARDIAN, TO SELL A PART 

OF AN ESTATE. 

Legislative A PETITION" of Zebulon Leonard of Middleborough Guardian to 

rvGCOrClS or 1x16 

Council, xxvi., Elkanali Leonard, a pcrsoii Noii compos mentis Setting forth That 

'— the said Elkanah's Estate is indebted the Sum of One hundred and 

naTpp'Ki"72 twenty pounds And praying that he may be enabled to Sell so mucli 
147.' Province of the Said Elkanah's Real Estate as shall be sufficient to discharge 
^t^chap^'e.' his debts, so that his Estate may be settled. 
Read and 

Resolved that the prayer of the Petition be granted ; and that the 
Petitioner be allowed to make Sale of so much of the Real Estate 
of Elkanah Leonard Esq"' who is rendered Non compos mentis, as 
shall amount to the Sum of One hundred and twenty pounds in 
order to discharge the just debts due from said Estate; He the said 
Guardian rendring an Account to the Judge of the Probate of Wills 
for the County of Plymouth for allowance. \^Passed October 29. 



CHAPTER 107. 



RESOLVE IMPOWERING JAMES KERSWELL TO COLLECT UNPAID TAXES 
OF THE FIRST PARISH IN KITTERY. 



Legislative 
Records of the 
Council, xxvi., 
93. 

House Jour- 
nal, p. 141. 
Province 
Laws, iv., 696, 
note. 



A Petition of James Kerswell of Kittery Setting forth That 
in the year 1763 he was chosen Collector of Taxes for the first parish 
in Kittery & proceeded in collecting of the same; but it so hapned 
that the Warrant by which he acted was issued without a Seal, and 
12 or 13 persons who are still in arrear do now refuse to pay him: 
And praying the interposition of this Court for relief. 



[2d Sess.] Province Laws {Resolves^ etc.). — 17G5-60. 57 

[Road and] 

Refiolved tliat tlie al)ovenamed James Karswell late a Collector 
of the first Parish in Kittery in the County of York, be and he 
hereby is authorised and inipowered to compleat and finish his Col- 
lections of all sucli Sum and sums of money as was duly assessed 
on the polls and Estates within said Parish in the year 1703 and 
committed to him to collect; and pay in the same pursuant to his 
directions, any supposed defect in his Warrant for want of a Seal 
or otherwise notwithstanding. \^Passed October 22. 



CHAPTER 108. 

RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION 
OF JNO BORGHARDT AND OTHERS IN REGARD TO DISPUTE OVER SUM 
ALLOWED FOR BUILDING A MEETING HOUSE, 

A Petition of John Borghardt and others of Great Barring- Legislative 
ton setting forth That in the Spring of the year 1764 they con- ^^^fj^ ^^*^^f^ 
tracted with M' James Eason of Pittsfield to labour in Building a 94. 
House for the public worship of God in said Town, for which he House Jour- 
was to be paid by the day according to the number of the days he "^ai, pp. 147, us. 
should labour in said Service. That a difference at length arising 
tlie said James commenced a Suit upon the Agreement and the 
cause was Submitted to a reference, the Referees being Perez Marsh, 
Daniel Brown and John Chadwick Esq" by whose Report the Peti- 
tioners apprehend themselves injured to the amount of Eighty 
pounds; for instead of allowing him for the time he was actually 
upon the business, they have allowed him from the time he began 
upon the work to the time it was finished, unless the petitioners 
could ascertain the number of days he was absent, which they were 
not able to do, and by this means they have allowed him for thirty 
days more than he had charged in his Account. That the said James 
owed one of the Petitioners viz' Peter Borghardt £15 upon a note 
which he had put in Suit which note by some means or other had 
got into the hands of the said Referees who is adjudged to lose 
his Debt, and pay Costs; and that by the like means Samuel Lee 
another of the Petitioners is like to lose the value of a Note of 
£6 which the said James had given to him the said Samuel. And 
praying relief. 

[Read and] 

Resolved That the prayer of this Petition be so far granted, as 
that the Petitioners notify the adverse party to make Answer and 
give his reasons on the second Thursday of the next sitting of this 
Court, why the prayer of this Petition should not be granted: And 
that the Petitioner serve the adverse party with a Copy of this Peti- 
tion, and that Execution be stayed in the mean time provided the 
petitioners give security to the Sheriif of the County of Berkshire 
for such Sums as shall finally be found due and Interest thereon 
from this time. \_Passed October 29. 



Province Laws {Resolves, etc.). — 1765-66. [Chap. 109.] 



CHAPTER 109. 

ORDER CONFIRMING A GRANT OF AN EQUIVALENT TOWNSHIP TO THE 
PROPRIETORS OF BAKERS TOWN. 

Legislative ^ Plan and description of a new Township, was laid before the 

Records ot the . . . ^ . . ^,., ^' , in. « 

Council, xxvi., C ourt Containing the quantity or seven Miles and a halt square of 
pians^'^iis^"'^ Land & AVater granted by the General Court to the proprietors of 
XXXV., -li. Bakers Town so called lying and being in the County of Cumber- 
House Jour- land, and bounded as follows viz' begining at a large Rock near the 
ioi,'i4-j,'i5i. ' middle of Androscoggin River upon the great Prills or 20 miles 
^hap.gi.*"' Falls so called in said Androscoggin River, and from said Rock to 
run South 4cb^ West four miles adjoining the Pojepscutt Patent to 
a spruce tree, thence South 3)3'' East one Mile by the Southwesterly 
Line of the said Pejepscutt Patent to a Hemlock tree, thence South 
45"* West four Miles by the head line of New Glocester to a pitch 
pine, thence North 45*^ West Seven Mile by Province Land to a fir 
Tree, thence North 45'' East thirteen Miles to a pine tree standing 
by the side of Androscoggin River, thence Southerly down said 
Androscoggen River to the Bounds first mentioned. 
W^hereupon the following Order passed viz' 

This Plan of a Township of Land of the Contents of Seven and 
a half Mile Square, Granted to Samuell Garrish Esq' and others, 
the orignall Grantees of a Townsiiip Call'' Bakers town, Wliich 
Town by the Late Runing tlie Line Between this Province and the 
province of New hamp*^ fell Within the Bounds of the CJoverment of 
New Ilamp® to them & their Legall Representatives and assigns And 
by them lay** out on the West Side of Anderscoggen River Bounded 
firstly to a Great Rock Near the Midle of anderscoggen River upon 
the Great falls or Twenty mile falls So Called in s'' Anderscogen 
River, and from s*^ Rock to Run South 45" West four mile adjoyn- 
ing the Pejepscut Patten to a Spruce Tree, thence South 33 Degrees 
East one Mile by the Southwesterly Line of the s*" Pejepscut Patten 
to a Hemlock tree. Thence South 45 Degrees West four Mile by the 
head line of New Glocester to a Pitch pine tree Thence North 
45 Deg''^ West Seven mile by Province Land to a Fir Tree Thence 
North 45 Degrees East 13 mile to the s*' Anderscoggen River thence 
Southerly Down s" Anderscogen River to the Bound first mentioned 
Was Presented for acceptance, and accordingly 

Orclred that it be & hereby is accepted, and the Land there in 
Contained is Confirmed unto them the s'' orignall Grantees of s** 
Bakers Town So CalP their heirs and assigns for Ever they Comply- 
ing With the Conditions of the Grant and Settle Sixty famaleys 
Pursuant to an agreement they have Since Come into, over & 
above the Thirty mentioned there in. Within Six years from this 
Date Provided the Same Doth not Exceed the Quantity of Seven 
and half mile Square Excclusive of Eight Thousand & Six Hun- 
dred acres allowance for Ponds there in Containd nor Enterfear 
W^ith any former Grant. [Passed Octoher 30. 



[2d Skss.] Pkovinck Ijxvfii {Resolves, etc.). — 17()5-G(). 59 



CHAPTEK 110. 

RESOLVE IN REGARD TO THE TAXES IN THE TOWN OF STOUGHTON 
AND THE DISTRICT OF STOUGHTONHAM. 

Wherp:as the Sum of Three hundred aud sixty two pounds, eigh- i^,?'^^"^.,, 
teen sliillings and 4'' % was Ordered to he appoi'tioned and assessed council, xxvi., 

on the Town of Stoughton in tlie County of Suffolk this current '^ 

year as their proportion of the Sum of Fifty thousand pounds na'il'ppiulJ'i.rvi. 
province Tax. And whereas afterwards sometime in June last past, Province 
the second precinct in the said Town was incorporated into a sep- chlM>!'6r82o, ' 
arate District by the name of Stoughtonham; but no certain direc- ^^^;^^''^^' 
tion or Order then passed for ascertaining their jDroportion of the 
aforesaid Sum of Three hundred and sixty two pounds eighteen 
shillings and 4'^ % whereby some doubts have arisen what said Dis- 
tricts proportion thereof should be; Therefore 

Resolved that the said District be and they hereby are ordered 
to pay the Sum of One hundred & eighteen pounds, three shillings 
and five pence two farthings a part thereof; and that the Province 
Treasurer be and he hereby is impowered and directed to send forth 
his Warrant to the Selectmen of said District for the said Sum ac- 
cordingly; and to the Selectmen of the Town of Stoughton for the 
remaining Sum of Two hundred and forty four pounds, fourteen 
shillings and eleven pence i/4 only, the same to be their proportion 
in all other future Taxes; and that the County Treasurer is likewise 
directed to send out his Warrants in the same proportion. \^Passed 
October 30. 



CHAPTER 111. 

ORDER IMPOWERING W'" WILLIAMS, ADM'', TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of William Williams Admin'' of the Estate of Jona- Legislative 
than Stedman late of Westminster dec'' Intestate, and of Tabitha councff, xU^f, 

Stedman Widow of said deceased Setting forth That the per- ^j^ 

sonal Estate of the deceased if disposed of would be insufficient House Jour- 
to pay his Debts, and would at the same time deprive the Widow, "sVprovince' 
and the two Children of the deceased of sufficient means to subsist cha^^'io' ^^^' 
with Comfort; that he died seized of about thirty Acres of Land 
chiefly unimproved. And praying that he the said administrater may 
be impowered to make Sale of the said Land for the reasons before- 
mentioned. 

Eead and Accepted : And 

Ordered that the petitioner William Williams be and hereby is 
impowered to make Sale of the Real Estate mentioned in the above 
petition for the most the same will fetch, and to make and Execute 
a good Deed or Deeds in Law for the same, he observing the direc- 
tions of the Law for the Sale of Real Estates by Exec" and admin", 
He also giving sufficient security to the Judge of Probate for the 
County of Worcester that the money arising by the Sale thereof 
more than what is sufficient to pay the Debts and Settling the 
Estate of the deceased, be put out to Interest for the benefit of 



60 



Province Laws {Resolves, etc.). — 1765-66. [Chaps. 112, 113.] 



the Heirs of the deceased, excepting only the annual Interest of one 
third part thereof for the use of the Widow during her natural life. 
[Passed October 30. 



Legislative 
Records of the 
Council, xxvi., 
9S. Mass. 
Archives, 
xliv., 574. 

Mass. 
Archives, 
xliv., 573. 
House Jour- 
nal, p. 150. 



CHAPTER 112. 

RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION 
OF SAMUEL LEE IN REGARD TO A BOND. 

A Petition of Samuel Lee of Great Barrington setting forth 
That he hath been deputy keeper of his majesty's Goal in the 
County of Berkshire under Elijah Williams Esq"" the Sheriff of s*^ 
County to whom he gave Bond upon his entring on said office in 
the sum of Ten thousand pounds to indemnify the said Sheriff for 
his doings as Keeper of the said Goal: That there have been divers 
judgments obtained against the said Sheriff for the escape of sundry 
prisoners to the amount of Fifty pounds, whereupon he put in suit 
the petitioners Bond, and hath recovered the full Sum mentioned 
therein, the petitioner being at the time of said Suit continued in 
Goal, and his Attorney failing to attend, Judgment was given against 
him by default; and execution has been since extended upon his 
Estate to the amount of £820 to the Petitioners utter ruin unless 
relieved by this Court. And praying that the Court from which said 
judgment came may be directed to chancer the said Bond to the 
just debt and damages. 

Eead & 

Resolved that the within named Elijah william Esq'' be Notifyed 
the Pef Leaving a copy of this Pet" with him to make answer y' to 
the second Wednesday of the Next sitting of this Court, and that 
all Further Proceedings upon the Judgment of Court mentioned 
in said Petition And Execution y"""" be Stayed in the mean time. ' 
[Passed October 31. 



CHAPTER 113 



Legislative 
Records of the 
Council, xxvi., 
99. Mass. 
Archives, Ivi., 
4oS. 

Mass. 

Archives, Ivi., 
456. House 
Journal, 
pp. 155, 157. 
Province 
Ijaws,iv.,516, 
chap. 39; 576, 
chap. 6; 625, 
note. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO PAY TO JOHN 
STILL WINTHROP, ESQ«, THE INTEREST DUE ON A GOVERNMENT 
NOTE. 

A Petition of John Still Winthrop Esq'' of Xew London set- 
ting forth That on the 28"^ of August 1761, he lent this Govern- 
ment Six hundred pounds and took M' Treasurer Gray's Note for 
the same payable by the 20"' of June 1765 with the Interest annu- 
ally 'till paid. That only one years Interest has been paid on said 
Note, and that an Order has since passed for calling in all the Notes 
of that form & exchanging them for Notes of a new form on pen- 
alty of loosing the Interest : that by reason of his distance he was 
unacquainted with said Order, whereby he is like to lose the rest 
of the Interest, unless aided by the Government who have had the 
use of his Money. And praying relief. 

[Eead and] 

Resold'^ that the Treasurer be directed to pay John Still Wenthrop 

* At the hearing, January 28, 1766, this petition was dismissed. — House Journal, p. 228. 



[2d Sess.J Province Laws {Resolves, etc.). — 1765-66. 61 

Esq"" tlie whole of the Interest of the Note Mention'' in his petition 
to the 20"' of June hist lie living out of tlie province and not inform'^ 
of the Ord' of this Court pass'' in Octo' 17(52. [Pafised October 31. 



CHAPTER 114. 

RESOLVE IMPOWERING JACOB TOWNSEND, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jacob Townsend Admin'' of the Estate of his Legislative 
Father John Townsend late of Wilmington deceased setting forth council xxvl^ 
That his said Father died Seized of about fifty Acres of Land lying loo- 
partly in Reading and partly in Wilmington, one third of which House Jour- 
apprised at £10.11.3 is set off to the Widow as her Dower and that °a'. pp- i^^, iss. 
the rest of his Estate both Real and personal being insufficient to 
pay his Debts, the Estate is represented Insolvent And praying that 
he may be impowered to Sell the other two thirds of the Real Estate 
in order to pay the Debts. 

Read and 

Resolved that the prayer of the Petition be granted, and that 
the Petitioner Jacob Townsend be and he hereby is impowered to 
make Sale of the premises for the most they will fetch, and to make 
and Execute a good Deed or Deeds thereof in Law; first giving suffi- 
cient Caution to the Judge of Probate for the County of Middlesex 
that the proceeds arising by such Sale shall be secured & applied 
for the payment of the just debts of the deceased; and the Over- 
plus (if any be) be divided in due proportion among the Heirs of 
the deceased. [^Passed November 1. 



CHAPTEE 115. 

RESOLVE IMPOWERING ABIGi- MERROW, EXECUTRIX, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Abigail Merrow Widow of Henry Merrow late of Legislative 
Reading deceased Setting forth That her said Husband did by Councif, xxvi^ 

his last Will and Testament give to her the said Abigail the im- H!!: 

provement of his Real Estate during her natural life, and did therein Province 

1 1 I'x 11 iiioiip 1 • !> ^ T Laws, 11., 151, 

order that his Land sliould be Sold lor her support ii tlie Income chap. lo. 
should prove insufficient but did not impower any person to Sell it; 
except only two Acres of Medow which has been already Sold for 
that purpose : Tiiat she is now in Debt near Ten pounds Sterling 
for the necessaries of life, and in the eighty third year of her age. 
And praying that she may be enabled to sell about Eight Acres of 
pasture lying at a distance from the home lot for the purpose men- 
tioned in said Will 

Read and 

Resolved that the prayer of the Petition be granted, and that the 
Executor' above named be and hereby is impowered to make Sale 
of the Eight Acres above-mentioned to pay the debts of the Peti- 
tioner, and to further support her; and to make and Execute a good 
Deed thereof in Law: He' observing the Steps of the Law for the 
Sale of Real Estates, and giving sufficient caution to the Judge of 

» Sic. 



62 



Province Laws {Resolves, etc.). — 1765-66. [Chaps. 116, 117.] 



Legislative 
Records of the 
Council, xxvi., 
101. 

House Jour- 
nal, p. 159. 



Probate for the County of Middlesex that the proceeds coming by 
such Sale shall be applied accordingly, and the Overplus if any be, 
shall be distributed to and among the Heirs of the last Will and 
Testament of Henry Merrow.' {Passed November 1. 



CHAPTER 116. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
EBEN« AYER & OTHERS TO BRING FORWARD A WRIT OF REVIEW. 

A Petition of Eben' Ayer, Tristram Jordan, Amos Chase & 
Sam' Chase all of Pepperelborough Setting forth That Domin- 
ions Scammon & Others brought an Action of Ejectment against 
the Memorialists for 200 Acres of Land in said Pepperrelborougii 
and forepart of a Saw Mill that the said Action was by consent of 
parties continued to the Inferior Court held at Bideford for the 
County of York the second Tuesday of October Instant, when it 
was agreed that the said Cause should be carried up by Demurrer 
to the next Superior Court to be held in and for said County, and 
the pleadings mutually agreed upon and Signed by tlie Council for 
both parties, in pursuance of Avhich Judgment was rendered for the 
Plantiffs to recover possession of the Premisses demanded. That the 
Council for the Memorialists told the Clerk of the Court to enter 
the appeal to the Superior Court; but lie omitted the same, which 
was discovered the day after the rising of the Court and tlie Plan- 
tiffs taking advantage of the said Omission have sued out an Exe- 
cution. And praying that tliey may be enabled to bring forward 
their Action at the next Superior Court to be holden for said 
County in like manner as if the proposed appeal had been duly 
entered. 

Eead and 

Ordered that the Petitioner serve the Adverse party with a Copy 
of this Petition that he shew cause if any lie hath the second 
Tuesday of the next sitting of this Court why the prayer thereof 
should not be granted And Execution is stayed in the meantime. 
\^Passed November 1. 



CHAPTER 117. 

RESOLVE IMPOWERING ANN CUTLER TO JOIN IN A SALE OF REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
102. 

House Jour- 
nal, p. 149. 



A Petition of Ann Cutler, AVidow of Abner Cutler late of Pax- 
ton Husbandman deceased Setting forth That she had set off to 
her as her thirds in the said deceaseds Estate, one half the House, 
tlie Barn and about twenty nine Acres of Land : That the remain- 
ing part of the deceaseds Estate was Settled on his eldest Son who 
is determined to sell the same. And praying that she may be im- 
powered to make Sale of her thirds under due restrictions. 

[Eead and] 

Resolved that the prayer of the Petition be granted : and that 
Anna Cutler be, and she hereby is impowered to join with her Son 
Thomas Cutler in making Sale of the premises for the most they 

' Not found in the House Journal. 



[2d Sess.] Province Laws {liesolves, etc.). — 1765-66. 63 

will fetch, and in nuiking & executing a good and suflficient deed 
or deeds thereof in LaAv; She first giving caution to the Judge of 
Probate for the County of Worcester that the proceeds coming by 
such Sale shall be well secured for tiie benefit of the Heirs of the 
within named Abner Cutler after her decease; and that the Peti- 
tioner have the Income only during her natural life instead of 
dower. [Passed November 1. 



CHAPTER 118. 

RESOLVE IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
WORCESTER TO SETTLE AN ESTATE. 

A Petition of Nath' Whitcomb Executor of the last Will & Legislative 
Testament of Amos Thomas of Hardwick deceased Setting forth Councif.xxvi^, 

That the said deceased by his Will aforesaid gave specific Legacies ^^ . 

in Money to be paid to his several Children, but never directed how n'ai"^*' '^i*^^i48 
the said Money should be raised. That his personal Estate is ex- 
pended in paying the Debts and one absolute Legacy; that his Real 
Estate consists of about Fifty Acres of Land and a House and Barn 
thereon Avhich is incapable of a Division and going to ruin ; that 
there are three Children of age and four still in their minority. 
And praying that the Judge of Probate may be impowered to settle 
the said Estate on the eldest Sou in the same manner as by Law he 
might have done, had the deceased died Intestate. 

[Read and] 

Resolved that the prayer of the Petition be granted, and that the 
Judge of Probate for the County of Worcester is hereby impowered 
to settle the whole of the Real Estate therein mentioned upon the 
said William Thomas the eldest Son of the said deceased (as if the 
said Estate had been intestate.) Provided the said William shall give 
sufficient security to the said Judge that he will pay the Legacies 
in the said Will mentioned, which are now unpaid reserving to the 
Widow the lawful Interest of the amount of her thirds upon Ap- 
prisement during her natural life and after her decease the same 
to be divided among the legal Heirs of the said Amos Thomas 
agreable to Law, and if there should be any surplusage upon Ap- 
prisement after the Widows thirds are deducted over and above the 
Legacies ordered by said Will, the same shall be divided among the 
said Heirs agreable to the Will. [Passed November 1. 



CHAPTER 119. 

ORDER REFERRING THE PETITION OF THO" TORREY IN REGARD TO 
A RE-TRIAL OF AN ACTION. 

A Petition of Tho^ Torrey of Plymouth praying liberty of a Legislative 
new Trial of an Action brought against him by Robert Williams of ?^f°y,'?f "tt*]^ 
Bramtree for the reason therein mentioned [ante^ p. 17, chap. 25] ws^ 

[Read and] House Jour- 

Ordered tha,t the consideration of this Petition be referred till x^eo!' ^llite', 
the second Tuesday of the next Session of this Court, and the p- n. chap. 25. 
respondent is allowed then to make Answer. [Passed November 1. 



64 



Province lu&yfB {Resolves, etc.), — 1765-66. [Chaps. 120, 121.] 



Legislative 
Kecords of the 
Council, xxvi., 
103. 

House Jour- 
nal, p. 160. 
Province 
Laws, xvii., 
622, chap. 258. 



CHAPTEK 120. 

ORDER CONFIRMING A PORTION OF THE GRANT OF LAND MADE TO 

EPHll'^ KEYS. 

The following Return of a Survey with a plan annexed was 
laid before the Court for Confirmation viz' 

Surveyed and laid out to M' Ephraim Keys as part of his Grant 
made by the Great and General Court Feb^ 22*^ 1765 of three hun- 
dred Acres to be taken up in the unappropriated Lands of the 
Province lying either in the County of Hampshire or Berkshire. 
Begun near the middle of the West line of Pittsfield, and from 
thence West 30'^ North one Mile and three quarters to a beach Tree 
marked EK at which tree begins the Southeast corner of this sur- 
vey, from said Beach tree North 30^ East two hundred and seventy 
rods to a Stake and Stones, Stake mark'd E K, then West 30'^ North 
One hundred and eighty rods to a beach tree marked E K, tlien 
South 20'* West two hundred and Seventy rods to a beach tree 
marked E K. Then strait to the first mentioned bounds containing 
Two hundred Sixty one Acres and ninety rods of Ground, there 
being no more Land to be taken at said place 

Eead and 

Ordered that the within plan be accepted, and that the Lands 
herein delineated & described be and liereby are granted and Con- 
firmed to the Petitioner Ephraim Keys. Provided the same does 
not exceed the quantity said to be contained in the within Plan, 
and in case the same does not interfere with any other or former 
Grant; and that said Ephraim Keys have liberty to lay out forty 
eight Acres and seventy rods of the unappropriated Lands of this 
Province in order to compleat his Grant of Three hundred Acres. 
[Passed November 1. - 



CHAPTER 121. 



RESOLVE ON THE PETITION OF CAPT. HENRY YOUNG BROWN 
REGARD TO THE SETTLEMENT OF A TOWNSHIP, ETC. 



m 



Legislative 
Records of the 
Council, xxvi., 
93, 103. 

Mass. 
Archives, 
cxviii., 87, 158. 
House Jour- 
nal, pp. 149, 159.- 
Province 
Laws, xvii., 
429, chap. 114; 
522, chap. 26. 



A Petition of Henry Young Brown Setting forth That he 
did in consequence of a Grant of the General Court 23'' January 
1764 lay out a Township on each side of Saco River above the Town 
laid out by Col" Frye and returned a plan thereof which was ac- 
cepted and confirmed by the Court on certain conditions. That he 
hath removed his Family to said Township and done his utmost to 
forward the Settlement of it, but is interrupted by one Daniel Foster 
and others who claim the greater part of the said Township by Virtue 
of a Grant from the Governor of New Hampshire. And praying the 
interposition of this Court. 

Read and 

Resolved that the petitioner Henry Young Brown be directed to 
go forward in his improvements and Settlements in the Township 
purchased of this Province & mentioned in his Petition. And if 
any persons should attempt to lay out any of the Lands within said 
Town or make any Settlements there, the said Petitioner Henry 
Young Brown should properly warn them against laying out any 



[2d Sess.] Province Laws (i?esoZves, e^c). — 17G5-66. 05 

of the Lands or making any Settlement within the bounds of said 
Town; and if the Petitioner should meet with any ditlicultics of 
that sort, that he make information to this Court of the same, who 
will be ready to afford him such relief as shall be judged best. And 
be it further 

Resolved that his Excellency be desired to write to the Governor 
of New Hampshire desiring him to move it to the Assembly of that 
Province to appoint a Committee to join with a Committee of this 
Government to run the Line between that Government and the 
Province of Maine so called, that so the affair may be amicably 
settled between the Governments. \_Passed November 1. 



CHAPTEE 122. 

RESOLVE CONFIRMING A GRANT OF AN EQUIVALENT TOWNSHIP TO 
THE PROPRIETORS OF BERNARDSTOWN. 

A Plan containing 7,350 Acres laid out on Hoosuck Mountain Legislative 
to satisfy a Grant made by the Great and General Court June 25*'' councn^, xxvlt 
1765 to the proprietors of Bernardston who had their Lands taken off io4. M:ji3s and 
by the runing the Line between the Massachusetts & New Hampshire xx'xviV., s.'' 
Dated October 24*'' 17G5. and Signed Moses Hawks Surveyor was House Jour- 
presented to the Court for allowance. Whereupon the following passed n^^'. pp-^j^^'^. 159. 

viz* P- 44, chap. 85. 

ResoWd That this Plan of Land Containing Seven Thousand 
Three hundred and fifty Acres Laid out to Satisfy a Grant of Land 
made to y" Proprietors of Bernardstown, who lost their Land by 
y*' Euning of y*^ line between New Hampshire and this Province. 
Be Confirm'd Provided it Does not exceed y^ Contents of y® Grant 
nor Interfere with any former Grant. \_Passed November 1. 



CHAPTER 123. 

ORDER ALLOWING £2 TO RICH" WILDE. 



A Petition of Eichard Wilde of Shutesbury setting forth That j^®?'^.!?,^'"^?.,^ 
the petitioner was a Soldier in the pay of the Province in Col° Salt- counciit xxvi., 
tonstal's regiment in 1760 That he was sent Sick from the Camp ^rchi^esf" 
to Albany where he remained sick some time, and afterwards lay ixxx., satl 
Sick on the Eoad before he got home where also he remained Sick Mass. 
for two Months; that he applied to the Court for relief the same ixxx.^s^- 
year or the year after, and was informed that the House granted ^a"i"pp'\*^o^i6i 
him forty shillings but that by some accident his Petition was mis- i62.' 
laid before it got thro' and praying that his case may now be con- 
sidered. 

Eead and 

Ordered that the Sum of two pounds be paid out of the publick 
Treasury to m"" David Wilder for the Use of the Pef in full for his 
sufferings mentioned. [^Passed November 1. 



66 



Province 1j aw s {Resolves, etc.) . — 1765-66. [Chaps. 124, 125.] 



CHAPTEE 124. 



ORDER DIRECTING THE PROVINCE TREASURER TO APPLY FOR AND 
RECEIVE MONEY DUE PROVINCE IN THE HANDS OF THE REGISTER 
OF THE COURT OF VICE ADMIRALTY. 



Legislative 
Kecords ot the 
Council, xxvi., 
105. Mass. 
Archives, 
xliv., 575. 

House Jour- 
nal, pp. 217, 223 
(February, 
1765) ; pp. 162, 
163. 



In the House of Rep'^"'' 

Whereas this House have been informed that a Sum of Money 
has been decreed by the Judge of the Court of Vice Admiralty, to 
this Province as it's part of forfietures, which money is now in the 
hands of the Register of said Court. 

Ordered that the Treasurer of the Province be and liereby is im- 
powered and directed to apply for and recieve said money for the 
Use of the Province and give a discharge for the same. 
In Council 

Eead and Concurred. \^Passed November 1. 



CHAPTEE 125. 



ORDER CONFIRMING A GRANT OF A TOWNSHIP TO THE ORIGINAL 
GRANTEES OF ROWLEY CANADA. 



Legislative 
Records of the 
Council, xxvi., 
105. Maps and 
Plans, Mis., 
xlviii., 9. 

House Jour- 
nal, pp. 25, 104, 
158, 161. 
Ante, p. 47, 
chap. 92. 



A Pl.vn of a Township of seven Miles square granted to Benja- 
min Mulliken and Others, as certified by Moody Bridges Surveyor 
was laid before the Court for Allowance. "Whereupon the following 
Vote passed viz' In the House of Representatives. This Plan 

of a Township of Land of the Contents of seven Miles square 
granted to Benjamin Mulliken Esq"" and other original Grantees of 
a Township called Rowley Canada, which Town by the late runing 
the Line between this Province and the Province of Kew Hamp- 
shire fell within the bounds of the Government of Kew Hampshire 
to them and their legal Representatives & assigns & by them laid 
out on the East side of Saco River, bounded firstly with a pine 
Tree, the East Corner bound of Col° Joseph Frye's Township, thence 
South 35 degrees East nine Miles to a stone set into the ground 
thence East 25 degrees North six Miles & a half to a stone set into 
the ground, thence North 25 degrees West nine Miles to a stone into 
the ground, thence West 25 degrees South six Miles & a half to the 
first Bound, was presented for acceptance, and accordingly 

Ordered that it be & hereby is Accepted & the land therein Con- 
tained is Confirmed unto them the s** Original Grantees of s^ 
Rowley Canada So Called their Heirs & Assigns forever they Com- 
plying with the Conditions of the Grant & Settle Fifty one Fam- 
ilies Pursuant to An Agreement they have Since Come into over 
& above the Thirty mentioned therein Avithin Six years from this 
Date Provided the Same Doth not Exceed the Quantity of Seven 
Miles Square Exclusive of Six Thousand & Eighty Acres Allowance 
for ponds Mountain k Bogg therein Contained nor Interfere with 
any Former Grant. \_Passed November 1. 



[2d Sess.] Province Laws {liesolves^ etc.). — 1765-66. 67 



CHAPTEK 126. 

ORDER IMPOWERING W" PARSONS & OTHERS TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of William Parsons, Nathaniel Parsons & Willard Legislative 
Parsons Setting forth, That tlieir Father William Parsons late co'uncif.xxvL, 

of Glocester deceased by his last Will and Testament having given 11!!!: 

his Keal Estate to and among his Children (part where of is thought ^°"^,*^ '{"i"!:^ 
to be thereby entailed) ordered his Debts to be paid by them in 
proportion: That the Debts amount to £1,525.5.10 more than the 
personal Estate : That the petitioners proportion of said Debt amounts 
to upwards of Three hundred pounds each, which they can discharge 
only by the Sale of some part of the Lands; and that it would be 
most convenient for them to dispose of some part of the Estate 
supposed to be entailed in order to discharge such debts. And pray- 
ing that they may be impowered to make Sale of so much of the 
said Estate as shall be sufficient to discharge their proportion of 
the said Debts. 

[Read and] 

Ordered that this Petition be revived ; And that the prayer thereof 
be granted: And the Petitioners are hereby fully authorised and 
impowered to make Sale of so much of the Real Estate of their 
Father William Parsons deceased of which he died Seized in fee 
and which he gave them by his last Will and Testament as shall 
enable them to pay their respective proportions of the Debts of 
their said Father according to the directions of his Will; and they 
are also hereby fully impowered to make and Execute a good Deed 
or Deeds in Law of the Lands they may sell for the purposes afore- 
said. \_Pa8sed November 4. 



CHAPTER 127. 

ORDER ALLOWING THE ACCOUNT OF PAYMENTS BY TIMOTHY WOOD- 
BRIDGE TO THE STOCKBRIDGE INDIANS. 

An Account of Timothy Woodbridge Esq' was laid before the Legislative 
Court of the money by him paid to the Stockbridge Indians as Kecordsofthe 
Agent for said Indians in conveying their Lands to the Govern- los. Mass'. 
ment lying in the Western part of the Government, whereby it xxxuCllw. 
appears that he had paid them of the purchase money to the amount ^^i[^_ 
of Fifteen hundred and seventy three pounds, four shillings & three Archives, 

J i- ^ t> xxxili., 351. 

pence. House Jour- 

Whereupon the following Order passed viz* Pravmce'*' ^^^' 

Read and Laws, xv., 354, 

Ordered that the within account be allowed He having paid them ^ '^^' 
(the said Indians) to the Amount of fifteen hundred and seventy 
three pounds four Shill^s and three pence. And that the Treas- 

urer be directed to discharge him the Accomptant to the amount 
of that Sum upon the Bond the s'^ Accomptant gave to the Govern- 
ment for Moneys He had out of the Treasury for the purpose afore- 
said. l^Passed November 6. 



68 



Province Laws (i?esoZ2;e.s,ete.). — 1765-60. [Chaps. 128-130.] 



CHAPTER 128. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, COFFEE AND CHINA WARE FOR THE COUNTY OF LINCOLN 
AND ALLOWING £2. I FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, xxvi., 
109. 

House Jour- 
nal, p. 168. 
Province 
Laws, xvii., 
534, chap. 59. 



The Committee appointed to farm out the Excise on Tea, Coffee 
& China ware in the County of Lincoln reported that they had Sold 
the same to CoP Charles Cushing and taken his Bond for the amount 
which they had lodged with the Province Treasurer: And pray an 
allowance for the charges attending the Sale amounting to £2.1. 

Eead and accepted : And 

Ordered that the Sum of Two ' pounds, one sliilling be allowed 
the Committee out of the public Treasury for their service in the 
affair. [^Passed November 6. 



CHAPTER 129. 

Legislative RESOLVE ALLOWING PROVINCE LAW BOOKS TO HARVARD COLLEGE. 

Records of the 
Council, xxvi., 

109. Mass. itesoZycrZ that a present be made to the Library at Harvard Col- 

iviii.,.^!.' lege of the perpetual and temporary Laws of the Province at the 

House Jour- pubHck Charge. [^Passed November 6. 

nal, p. 173. 



CHAPTER 130 



RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY. 



Legislative 
Records of the 
Council, xxvi., 
109. 

House Jour- 
nal, p. 172. 
Province 
Laws, iv.,737, 
chap. '20; v., 65, 
note. 



Whereas the Court of General Sessions of the peace and Infe- 
rior Court of Common pleas are by Law appointed to be held at 
Taunton in the County of Bristol on the third Tuesday of Novem- 
ber Instant, and it is apprehended that but little if any business 
will be done at said Courts. Wherefore 

Resolved that the said Court of General Sessions of the Peace 
and Inferior Court of Common pleas which by Law are to be held 
at Taunton aforesaid on the said third Tuesday of Novem"" instant 
be and hereby are adjourned to the third Tuesday of February next 
to be held at the Court House in the said Town of Taunton at ten 
O'clock in the forenoon of said day: And all pleas, Writs, Actions, 
suits Complaints, processes, jDrecepts, Recognizances and otlier thing 
or things whatsoever returnable and having day or days in the said 
Courts shall stand valid and continue unto the said Adjournment, 
and be held deemd and adjudged to be as good, effectual and avail- 
able in Law to all intents & purposes whatsoever, as if such Court 
had been held & kept on the day by Law for holding the same, and 
no Adjournment thereof had been made. \^Passed November G. 

* The House Journal, p. 1G8, reads, £1. 1. 



[2i) Sess.] Province Laws {Resolves, etc.). — 17G5-GI). 69 

CHAPTER 131. ; 

RESOLVE ADJOURNING COURTS IN BARNSTABLE COUNTY. 

Whereas the Court of General Sessions of the peace and Infe- Legislative 
rior Court of Common pleas are by Law appointed to be held at councif xxvl? 

Barnstable in the County of Barnstable on the first Tuesday in '^}^ '_ 

December next, and it is apprehended that but little if any business House Jour-_ 
will be done at said Court. Therefore, Province' ' 

Resolved that the said Court of General Sessions of the peace cifap%o^'' '^"' 
and Inferior Court of Common pleas which by Law are to be held 
at Barnstable aforesaid on the first Tuesday in December next, be 
and hereby are Adjourned to the first Tuesday of April next to be 
held at the Court House in the said Town of Barnstable at ten 
o'clock in the forenoon of said day: And all pleas Writs, Actions, 
Suits, Complaints, processes, precepts, Eecognizances and other 
thing or things whatsoever, returnable and having day or days in 
the said Courts, shall stand valid and continue unto the said Ad- 
journment, and be held deemed and adjudged to be as good effectual 
and available in Law to all intents and purposes whatsoever as if 
such Court had been held and kept on the day by Law for holding 
the same, and no Adjournment thereof had been made. \^Passed 
Novemher 6. 



CHAPTEE 132. 

RESOLVE IMPOWERING THE GUARDIAN OF THE PUNKAPOG INDIANS 
TO BIND OUT CHILDREN. 

Resolv\l that M"' Joseph Billing Guardian to the Punkapog Indians Legislative 
be order'd and Derected, to take the Same Care of the Melattoes, coSnSxxv'i^ 
Children of the Punkapog Indians, as of the other Indians, and m. Mass. 
he is also hereby impower'd to Bind out the Said melatto Children xxxiiilflss. 
in the Same manner as he is Directed to Bind out the other Indians, House Jour- 
and that he Repay to the Treasurer of the Town of Milton the Sum ^^^' ?• i"*- 
they have advanc'd for the afores*^ Indians, Provided the Same Ex- Laws, xvii., 
ceed not the Sum of three pounds. [Passed November 7. Se^'p.'isf'^^' 

chap. 79. 



CHAPTER 133. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ISAAC DUPEE TO BRING FORWARD A WRIT OF REVIEW. 

A Petition of Isaac Dupee of Boston Setting forth That he Legislative 
agreed with one Jeremiah Russell to repair for him a certain Build- councff xxv^^ 

ing for which he was to be allowed what should be adjudged reason- ii2- \ 

able by Mess" Joy and Stutson two Carpenters, and to take his pay House Jour- 
out of the Rents as they should become due. That the said Russell '^^'■p-^'*- 
notwithstanding the Agreement aforesaid commenced an Action 
against the Petitioner for the Sum of £230 which was carried up 
by Demurrer to the Superior Court, where while he was with leave 



70 



Province JjA^f^ {Resolves, etc.). — 1765-66. [Chaps. 134, 135.] 



of one of the Judges gone in search of his Witnesses, his Attorney 
being also absent, the case went against him, and he was Ordered 
to pay upwards of £230 and costs for which Execution is now out 
against him, since which JVP Joy has declared that he was mistaken 
in the Evidence he gave, and M"^ Stutson was never called upon to 
give evidence at all. And praying that he may be impowered to 
review the said Action, and that execution may be stayed in the 
meantime 

Read and 

Ordered that the Petitioner serve the adverse party Jeremy Rus- 
sell with a Copy of this Petition that he shew cause if any lie hath 
on the first Friday of the next Session of this Court why the prayer 
there of should not be granted, and that Execution mentioned be 
stayed in the meantime. [Passed November 7. 



Legislative 
Records of the 
Council, xxvi., 
113. 

House Jour- 
nal, pp. 163, 175, 
176. Province 
Laws, xvii., 
151, chap. 352. 



CHAPTER 134. 

RESOLVE THAT THE POLLS AND ESTATES OF THO^ CARTER & OTHERS 
PAY TAXES ONLY IN THE FIRST PRECINCT IN LEOMINSTER. 

A Petition of Thomas Carter, Thomas Gowing and David Wilder 
Setting forth That they are freeholders in the Town of Leominster 
& live upon Estates which they bought of persons belonging to the 
second parish, although their persons were not Voted off to the said 
second parish in the late Settlement made in said Town ; That being 
thus circumstanced, they are assessed in both Parishes. And pray- 
ing an Explanation of the Act or Order of the Court for incorporat- 
ing the said second parish that so they may not be thus subject to 
do double duty. 

Read and 

Resolved that the prayer of the Petition be granted, and that the 
Polls and Estates of the Petitioners be exempted from paying Taxes 
to the second precinct in Leominster, and be held to pay Taxes only 
to the first precinct in said Town where they attend public Worship. 
\^Passed November 7. 



CHAPTER 135. 



RESOLVE IMPOWERING THE STOCKBRIDGE INDIANS TO SELL A 
TION OF THEIR LANDS TO PAY THEIR DEBTS. 



POR- 



Leglslatlve 
Records of the 
Council, xxvi., 
108, 113. Mass. 
Ai'chives, 
xxxiii., 359. 

Mass. 
Archives, 
xxxiii., 311-16, 
356-8. Legisla- 
tive Records 
of the Council, 
xxvi., 34, 63, 99, 
108,111. House 
Journal, pp. 34, 
94,150,151,158, 
180, 181. 



A Petition of Tim° Woodbridge Esq" Praying that a Petition 
of Jacob Cheeksonkun and other Indians of Stockbridge may be 
taken up and considered together Avith the report of a Committee 
of this Court thereupon, and that said Report may be accepted, or 
that some method may be devised to preserve said Indians from 
inevitable Ruin which will come upon them, if they are not enabled 
to discharge their Debts. 

The Committee on the Petition of Timothy Woodbridge Esq"" 
praying that the Petition of Jacob Cheeksonkun [Legislative Rec- 
ords of the Council, xxvi., 34] and others Stockbridge Indians may 
be revived and acted upon: Said Committee have attended that ser- 
vice, and after mature consideration are of opinion and accordingly 



[2i) Se8S.] Province hxw^ {Resolves, etc.). — 1765-G6. 71 

report that the prayer of the Petition of J.icoh Cheeksonkun & others 
Stockbridge Imliiuis be grunted, and that they be and hereby are 
impowered to make Sale of so much of tlieir Lands lying in the 
Town of Stockbridge aforesaid, as will be sulhcient to discharge 
tlieir just debts and to redeem their Lands they have suljjected to 
pay tlie same; and that the Sale of said Lands be under the care & 
inspection of Tim" Woodbridgo and John Ashley Esq" who shall 
see that no injustice be done in the Sale of the same, and in apply- 
ing the proceeds of the Sale to the purposes aforesaid. 

And tliat Tim° Woodbridge and John Ashley Esq" be also im- 
powered to take care of the improved Lands of the said Indians, 
and that on Leasing the same, the term shall not exceed one year, 
or until the Further Order of this Court; and that the profits aris- 
ing therefrom be properly applied for the use of the Owners thereof : 
and that the said Timothy Woodbridge and John Ashley be account- 
able to this Court for their doings therein. 

Said Committee further Keport that James Otis Esq'' with such 
as the Hon^'^'^ House shall join be a Committee to bring in a Bill 
for the further securing the Lands belonging to the Stockbridge 
Indians at the next Session of the General Court. 

Signed in the name of y^ Com*''^ Tho® Hubbard, 

In Council 
Eead and Accepted And 

Resolved That the foregoing Report pass into an Order of this 
Court, and the same is hereby made an Order of this Court accord- 
ingly. 

In the House of Rep"*^^ 
Read and concurd and M"" Gray and CoP Richmond are Joyned 
in the affair. \^Passed November 7. 



CHAPTER 136 



ORDER ALLOWING £21. 14 TO CORD CORDIS. 



Cord Cordis having presented an Account for entertaining the Legislative 
Council and House of Representatives on the 35"' day of October councf f xx vl*' 
being the day of his Majesty's Accession, the following Order passed ns. 

thereon viz' House Jour- 

-tteau. ancl Province 

Ordered that the above Account be allowed, and that there be Laws, iv., loso. 
granted to the Accomptant the Sum of Twenty one pounds, four- 
teen shillings out of the Province Treasury accordingly. [Passed 
November 8. 



CHAPTER 137. 

RESOLVE ALLOWING PROVINCE LAW BOOKS TO THE TOWN OF Legislative 

CHARLEMONT. Records of the 

Council, XXVI., 
116. Mass. 

Resolvd that y*^ Town of Charlemont be supplyd with y® Statutes ^^4^^*55^^ 
and Temporary Laws of this Province at y*^ Province Charge. \ Passed — — '-^ — — 

-.T T ^ r, "^ •' oL House Jour- 

Jsovember 8. nai, p. i85. 



72 



Province Laws {Resolves, etc.). — 1765-60. [Chap. 138.] 



CHAPTER 138. 



Legislative 
Records of the 
Council, xxvi., 

117. Mass. 
Archives, 
xxii., 467. 

Legislative 
Records of tlie 
Council, XXV., 
421. House 
Journal, 
pp. 167, 179, 180. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO REMIT £200 EACH 
TO DENNYS DE BERDT AND RICHARD JACKSON, AGENTS. 

Resolved That the Treasurer of the Province be, and he hereby 
is directed to remit to Dennis Deberdt Esq, who the House have 
chosen their special Agent, the Sum of Two Hundred Pounds 
sterling, to enable him to solicit and pursue the several Petitions 
agreed upon by the late Congress of the British Colonies at New 
York: And Whereas the Vote of the House of Representatives, 
passed the T**" Day of March last and on the same Day concurred 
by the Hon^ Board, directing the Secretary to write to Jasper Mau- 
duit Esq to pay into the Hands of Richard Jackson Esq the Sum 
of Two Hundred Pounds ster^ in Case he should take the Agency 
upon him, to enable him to transact the Affairs of this Province, 
was not consented to by the Governour; therefore 

Resolved that the Treasurer be and he hereby is also directed to 
remit to the said Richard Jackson Esq the Sum of Two Hundred 
Pounds sterling, in Lieu of the like Sum voted as aforesaid, to enable 
him to solicit the Petitions abovementioned, and to carry on the 
other Affairs of the Province at the Court of Great Britain The 
said Gentlemen to be accountable for the respective Sums they may 
receive. \^Passed November 8. 



[3d Sess.] Province Laws {Resolves, etc.). — 1765-66. 73 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fifteenth Day of January, A.D. 1766. 



CHAPTER 139. 

ORDER ALLOWING COPIES OF THE JOURNALS OF Y^ HOUSE TO Y^ Legislative 

COLLEGE. Kecords of the 

Council, XXVI., 
1-24. Mass. 

Ordered that the Journals of the House be delivered to the Use ^^^"sfl; 
of Harvard College at the publick Charge. \^Passed Januarij 16. House Jour. — 

nal, p. 194. 



CHAPTER 140. 

ORDER ALLOWING PROVINCE LAW BOOKS TO THE TOWN OF FITCH- Legislative 

BURG. Records of the 

Council, xxvi., 
1-24. 

Ordered that the Town of Fitchburgh be allowed a set of the House Jour. 
Province Laws at the public Charge. {^Passed January 16. nai, p. 193. 



CHAPTER 141. 

ORDER IMPOWERING LYDIA BALL TO BRING FORWARD HER PETITION 
IN REGARD TO A HIGHWAY. 

A Petition of Lydia Ball of Worcester setting forth that the Legislative 
Court of General Sessions of the peace for the County of Worces- counclf xxvl 
ter, did in May 1763 upon the Petition of John Green & Robert 1-25. Mass. 
Crawford, order a Road to be laid out thro' the petitioners Land cxxi.,439'. 
not only for the accomodation of the said Petitioners, but for the Mass. 
benefit also of the said Town, as is set forth in the return of the ^xxl^lls! 
Committee appointed to lay out the same; altho' the Town had House Jour- _ 
before upon application made to them by the same petitioners re- province ' 
fused to accept of such way. That the Petitioners Estate is greatly Jjfa^^a"^^'' 
damaged by such v/ay, and She thereupon has applied to the Court 
of Sessions for an Indemnification ; but her application having been 
made after the time limitted by Law therefor of which limitation 
she was ignorant. She could obtain no Redress. And praying Relief. 

Read & 

Ordered that the Prayer of the Petition be So farr Granted ; as 
That the Petitioner Be and hereby is authorized & Impowered, to 
Preffer her petition to the Court of General Sessions of the Peace 



74 



Province Laws (i?esoZves,ete.). — 1765-66. [Chaps. 142,143.] 



next to be holden; within and for the County of Worcester on the 
Second Tnsday of may Xext Ensueing and that the Justices of y* 
s<^ Court, be and hereby are Directed & Impowered; Either to Dis- 
continue S*^ way or to Inquire Into the Damages by a Jury to be 
Summoned for that purpose by the Sherriff or Coroner of Said 
County; and make up Judgment with respect to Damages, accord- 
ing to the verdict of that Jury; The Time by law for Such peti- 
tion being Elapsed notwithstanding. [Passed January 18. 



CHAPTEK 142 



Legislative 
Records ot the 
Council, xxvi., 
126. 

Legislative 
Records of the 
Council, xxvi., 
125. House 
Journal, 
pp. 174, 203, 208. 
Ante, p. 69, 
chap. 133. 



ORDER IMPOWERING THE CLERK OF THE SUPERIOR COURT TO TAKE 
BOND OF ISAAC DUPEE FOR REVIEWING AN ACTION, AND STAYING 
EXECUTION UPON THE JUDGMENT MEANTIME. 

The Committee appointed the IS'"" Instant on the petition of 
Isaac Dupee [ante^ p. 69, chap. 133] the following Order passed 
thereon viz' 

Eead and Accepted: And 

Ordered that the Clerk of the Superior Court of Judicature &c 
be and he hereby is authorised and impowered to take Bond of the 
petitioner Isaac Dupee for reviewing the Action in his said Peti- 
tion mentioned, at the said Superior Court at their next term for 
the County of Suffolk ; and the Justices of the said Court are hereby 
impowered then to hear and try the said Action, and make up Judg- 
ment and award Execution thereon as fully as they miglit have done 
in case the said Bond had been given at the time of making up Judg- 
ment on the action: x\nd that Execution be stayed till final Judg- 
ment on the Review, provided the Review be brought at the next 
term. [Passed Jamcary 21. 



CHAPTER 143. 



RESOLVE ALLOWING £6 AND AN ANNUAL PENSION OF £6 TO ROB^ 

MILLER. 



Legislative 
Recoi'ds of the 
Council, xxvi., 
127. Mass. 
Archives, 
Ixxx., 602. 

House Jour- 
nal, pp. 205,208. 
Province 
Laws, XV., 180, 
chap. 27. 



A Petition of Robert Miller of Philipstown Setting forth That 
in the year 1745 he lost his Arm near his Shoulder in the Service 
of this Province at Louisbourgh : That [for] about eight years after- 
wards the General Court granted him a pension of Three pounds 
^ Annum, and that he is now far advanced in life And praying for 
some further allowance. 

Read and 

Resolved that the prayer of the Pe*° be so far granted, as that 
the Sum of Six pounds be allowed and paid out of the publick 
Treasury to Jonathan Sayward Esq'' for the Use of the Pet' in full 
for the time past. And that an Annual pension of six pounds 

be also allowed to the Pef from this day till the further Order of 
this Court. [Passed January 21. 



[3i) Sess.] Province Laws (i^esoZve-s-, e^c). — 1765-66. 75 



CHAPTER 144. 

ORDER ALLOWING PROVINCE LAW BOOKS TO THE DISTRICT OF Legislative 

STOUGHTONHAM. |!^'X-n xxv^ 

\3i. ' ' 



Ordered that the District of Stoughtonham be allowed a set of House Jour- 
the Province Laws at the public Charge. [Passed January 22. naiiP-209. 



CHAPTER 145. 

RESOLVE IMPOWERING THE" HOYT TO SELL REAL ESTATE AND MAK- . 
ING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Theodore Iloyt of Almsbury praying liberty to Legislative 
Sell a part of the Real Estate of his late Father Robert Hoyt de- counclf, xU^^, 
ceased for the support of the Petitioners aged mother. i33. ^ 

Read : And it appearing that all the Heirs of Aaron Hoyt living Legislative 
within this Province have been notified of the contents of this couneif.xxvi^ 
Petition, and have expressed their willingness to have the prayer jo'^i^rtmf^^'' 
thereof granted. pp.173, its, 2i(i. 

Resolved That the prayer of the said Petition be granted : and La\v8'ji?, 151, 
that Theodore Hoyt be, and he hereby is authorised and impowered *^^'^i^- ^'*- 
to make Sale of the premises, for the most they will fetch (or so 
much thereof as shall be thought needful) for the support of his 
said aged Mother, and to make and Execute a good Deed or Deeds 
thereof in Law, He observing the rules of Law for the Sale of Real 
Estates by Exec" and Admin", and giving sufficient caution to the 
Judge of the Probate of Wills &c for the County of Essex that the 
proceeds arising by such Sale shall be applied for the support of 
his said aged Mother; and the overplus (if any be) preserved and 
secured for the benefit of the Heirs. [Passed January 22. 



CHAPTER 146. 

ORDER ALLOWING £5. 8 TO DENNIS TOWNEY. 

A Petition of Dennis Towney Setting forth That he inlisted ^Ifords'of^th 
in his Majesty's Service the 14"> of March 1762 under Cap' Will™ coiincif, xxvl, 
Barron in the pay of this Province, and was sent to Castle William ArchWesT' 
in order to go to Halifax, but falling sick there, he did not proceed ixxx., eno. 
thither, but was afterwards ordered to join Cap' Turner's Company Mass- 
at Albany, where he was impressed by Col° Bradstreet to go to the ixxx-Jeoo. 
Havanah, and there served till June 1763 for all which Services he naTppS^i-i. 
hath received no pay. And praying an allowance 

Read and 

Ordered that the Pef be allowed out of the publick Treasury the 
Sum of five pounds eight Shillings in full for the time He was in 
the Province Service. [Passed January 23. 



76 



Province I^aw^ {liesolves, etc.). — 11 i^5-i^(). [Chaps. 147, 148.] 



CHAPTEK 147. 



Legislative 
Records of the 
Council, xxvi., 
135. 

House Jour- 
nal, pp. 166, 167, 
2-24. Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING BENJ^ JOHNSON, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Benj'' Johnson of Lynn Admin'' of the Estate of 
Richard Johnson late of said Lynn Cordwainer deceased Setting 
forth That the whole Estate of the said deceased hoth Real and 
personal falls short of the amount of his Debts the Sum of Twenty 
nine j^ounds, and has been accordingly represented Insolvent. And 
praying that he may be impowered to make Sale of the deceaseds 
Real Estate for the payment of his Debts. 

Read and 

Resolved, That the prayer of the Petition be granted, and that 
the Petitioner be and he hereby is impowered to make Sale of all 
the Real Estate of the deceased within mentioned for tlie most the 
same will fetch, and to make & Execute a good deed or deeds thereof 
in the Law, He observing the directions of the Law for the Sale of 
Real Estates by Exec""^ & Admin", and giving sutficient caution to 
the Judge of Probate for the County of Essex that the proceeds 
arising by such Sale shall be applied to the payment of the Just 
debts of the said deceased, and the Overplus (if any be) secured 
for the benefit of the Heirs. \^Passed January 27.^ 



CHAPTEK 148 



Legislative 
Records of the 
Council, xxvi., 
138. Mass. 
Archives, cxi., 
548. 

Mass. 

Archives, cxi., 
547. Legisla- 
tive Records of 
the Council, 
xxvi.. Ill, 137. 
House Jour- 
nal, pp. 176, 219, 
220, 228. 



RESOLVE GRANTING TO MARG'^ MOORE LICENCE TO KEEP AN INN. 

A Petition of Margaret Moore of Boston Widow Setting forth, 
That the House she lives in has been for many years past Licensed 
and improved as a public House, and that she hath obtained the 
approbation of the Selectmen of the said Town to carry on the same 
business therein. And praying that the Court of General Sessions 
of the peace next to be liolden at Boston, may be impowered to 
grant her a License, the term for so doing being elapsed notwith- 
standing. 

Read and 

Resolved that this Pet° be revived and that the Justices of the 
Gen^ Sessions of the peace for the County of Suffolk be impowered 
(if they see cause) to grant the Pef a Licence at their present ses- 
sion. (She first obtaining the approbation of the select Men of Bos- 
ton) the time for granting Licences being elapsed notwithstanding. 
[Passed January 27. 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 23. 



[oj) Sess.] Province Laws {Resolves, etc.). — 17(55-66. 77 



CHAPTER 149. 

ORDER ALLOWING ACCOUNT OF THE GUARDIANS OF THE PLYMOUTH 

COUNTY INDIANS. 

An Account of the Guardians of the Indians in the County of ^^'^'?^'^f., 
Plymouth Signed Josiah Edson, Nath' Smith, Jn" Turner having council, x.wi., 
been presented for allowance : the fo-llowing Order passed thereon Archive's^^' 

yjz'. xxxiii., 3Hf). 

Read and Mass. 

Ordered that the within Ace* be allowed, and that the ballance xxxiiu 364. 
due to the said Indians being one hundred and thirty one pounds "y" jf 2?j"^" 
Nineteen Shillings and one farthing the within named Guardians I'rovince 
are still to be accountable for. [Passed January 27. chA^.'^T^otQ.' 



CHAPTER 150. 

ORDER IMPOWERING JOSIAH WHEELER, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Josiah Wheeler of Concord admin"" of the Estate Legislative 
of Will™ Burridge late of said Concord Husbandman dec'^ Setting counc'if xxw^ 
forth That the deceaseds personal Estate is not sufficient to pay i39. 
his just debts. And praying that he may be impowered to make Sale House Jour- 
of two third parts of said deceaseds Real Estate, the same consist- provmcf " 
ing of Orcharding, Mowing and Plowland, pasturage and Wood- chlTi^'io"' ^^^' 
land, the whole containing about thirty nine Acres lying in Concord 
aforesaid ; the produce to be applied so far as is needful for the dis- 
charge of the said deceaseds Debts; He to be accountable. 

Read and 

Ordered that the prayer of the Petition be granted, and the Peti- 
tioner be and hereby is impowered to make Sale of the said two 
thirds for the most they will Sell for, and to make and execute a 
good Deed or Deeds thereof in the Law; he observing the rules of 
Law for the Sale of Real Estates by Executors & admin""^ and giving 
suitable caution to the Judge of Probate for the County of Middle- 
sex that the proceeds arising by such Sale shall be applied for the 
payment of the deceaseds debts, and the Overplus, if any be, secured 
for the benefit of the Heirs of the said deceased. [Passed Jan- 
uary 28. 



CHAPTER 151. 

RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION 
OF CAD. FORD FOR A WRIT OF REVIEW. 



A Petition of Cadwallader Ford of Wilmington Setting Legislative 
irth That at an Inferior Court held at Pownalboro' within and cou°^n^^-t* 
for the County of Lincoln in June 1764 he brought his Action of i39^ 



Ejectment against Joshua Farnham of Woolwich in said County House Jour- 
demanding possession of Two hundred Acres of Land in said Wool- °^^'P1'-"*^'- 
wich value £200 in which action the Defendant recovered Judg- 



78 



Province LAws(i?esoZves,ete.). — 1765-66. [Chaps. 152, 153.] 



ment for Costs, from which Judgment the Petitioner appealed to 
the Superior Court held at Falmouth which Action came to tryal 
in June 17G5, and was committed to the Jury on Saturday after- 
noon ; the Court then being in hast to rise, and waiting only for the 
Verdict of the Jury on the said Action, which was brought in against 
the petitioner, for want of sufficient time, as some of tlie Jury have 
since declared, to examine the Case with attention, and praying for 
liberty to review the said action. 

[Read and] 

Resolved that the petitioner serve Joshua Farnham with a Copy 
of this Petition that he shew cause if any he has on the second 
Wednesday of the next sitting of the General Court why the prayer 
thereof should not be granted, and that Execution be stayed in the 
meantime. [Passed January 28. 



CHAPTER 152. 

RESOLVE CONSTRUING AN ORDER IN REGARD TO PROCEEDINGS AT 
A TOWN MEETING IN BELLINGHAM. 

Legislative TnE FOLLOWixf; Order passed on the Memorial of the Assessors 

Records of the » , m p -i-, ^^■ ^ r- T 1 • p /«• T 

Council, xxvi., 01 tlie lowii 01 Belliiigham [m regard to choice oi town ofiicersj 
^^ ^ viz' 



p. 28, chap. 46. 



narppS2]9, Resolved that the Order of the General Court on the 19''' of June 
225,' 226. Ante, last Confirming the proceedings of the Town of Bellingham at their 
Meeting on the 6*'' of March last, for the choice of Town oflticers, 
and impowering the Selectmen then chosen to call a Town Meeting 
of said Town for the choice of all such other Town Officers that 
were not chosen on the said sixth of March as Towns are required 
by Law to choose in the month of March annually, ought not to 
be construed and understood to impower the Town of Bellingham 
to choose an additional number of Selectmen and assessors to tliose 
chosen on the said sixth of March ; but only of such other kind of 
Town Officers that were not then chosen, and that all the proceed- 
ings and doings of the said additional Selectmen & Assessors be, 
and are hereby declared illegal null and void : And that the Select- 
men and assessors chosen by that Town on tlie said sixth of March 
be deemed and adjudged the only legal Selectmen and Assessors of 
that Town, [Passed January 28. 



CHAPTER 153. 

ORDER IMPOWERING JOHN JOY, ADM"*, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
140. 

Legislative 
Records of the 
Council, xxvi., 
116. House 
Journal, 
pp. 176, 234, 235. 



A Petition of John Joy of Boston Setting forth That he pre- 
ferred a Petition to this Court in the last May Session, praying that 
he might be impowered as Admin"' of the Estate of his Father John 
Joy deceased late of Sherburn, to make Sale of his Real Estate, 
for the payment of debts, the said deceaseds Estate being repre- 
sented Insolvent, and praying that he may be impowered to Sell the 
same accordingly. 



[3d Sess.] Province Laws {Resolves, etc.). — 1765-66. 79 

Read and . . , , S^r".!..!. 

Ordered that the petition heroin referred to, be revived, and that chap. lo. 
the prayer thereof be granted and the petitioner be, and iiereby is 
impowered to make Sale of the premises for the most they will fetch, 
and to make and execute a good and sutlicient deed or deeds thereof 
in the Law; he observing the rules of Law for the Sale of Real 
Estates by Exec" and Admin" and giving sutlicient caution to the 
Judge of Probate for the County of Middlesex that the proceeds 
arising by such Sale shall be applied for the payment of the just 
debts of the deceased; and the overplus (if any be) secured for the 
benefit of tlie Heirs, reserving the income of one third part of said 
Overplus for the Widows use and benefit instead of Dower. [Passed 
January 31.^ 



CHAPTEK 154. 

RESOLVE ALLOWING £3 YEARLY FOR FOUR YEARS TO DANIEL DRUCE. 

A Petition of Daniel Druce of Grafton Setting forth That Legislative 
in the year 1760 he was a Soldier in the pay of the Province at counciu xxvi.^ 
Crown point, and on his return home was taken ill of the Small Archi^es^^' 
pox, which left him with a Sore on one of his Leggs that hath been ixxx., 591. 
growing worse ever since, and that having expended what little he Mass. 
had, he cannot now subsist without help. And praying relief. K^xi"^59o mi 

[Read and] n^i^t'-^k'm. 

Resolved that there be allowed & paid out of y" Publick treasury 
to M'' Ephraim Shearman of Grafton for y*^ use of Daniel Druce of 
said Grafton y'^ sum of three pounds yearly & every year during y" 
term of four years & that y® said Shearman be allowed to Receive 
y^ first tliree pounds abovementioned In y* month of February next, 
in consideration of y** s'^ Druces lameness. [Passed January 31. 



CHAPTER 155. 

RESOLVE REMITTING TWO THIRDS OF A JUDGMENT AGAINST ALEX« 

ROSS. 

A Petition of Alexander Ross Esq"' of Falmouth Setting forth Legislative 
That he presented a petition to this Court, praying for the reversal council, xxvif, 



145. 



of a Judgment obtained against him by M' Theophilus Bradbury 
Collector of Excise for the County of Cumberland (which Petition d®^^®^''*'^^*^ 

• 1 ^ c\ i-h T i\ mi 1 T 1 T Records of the 

was considered and dismissed on the 29''' ins ) That he did not attend Council, xxvi., 
to the impropriety of the prayer of the said petition depending on joli^^i, ^^^^ 
his Lawyer who drew it to put it into due form. And praying that for ^^^ ^^^' i'5.23o, 
the reasons mentioned in his said petition, the Government would 
remit the two thirds of the forfeiture accruing to them ; he being 
ready to pay the one third which belongs to the said Collector. 

Whereas Theophilus Bradbury Collector of Excise for the County 
of Cumberland did in the year 1765 obtain a .Judgment of the Supe- 
rior Court against Alexander Ross Esq"" of said County on a Bond 
given by said Ross and one Cap' Tobin who received a permit to 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 28. 



80 



Province IjAVf^ {Resolves, etc.) . — 1765-66. [Chaps. 156, 157.] 



sell Eum, from said Bradbury Collector, which Bond was to secure 
the Excise: And it apjjearing that said Excise was paid. 

Resolved, That two thirds of said One hundred pounds which is 
the part forfeited to the Province be taken out of said Judgment 
of Court whenever the Execution shall be taken out by said Col- 
lector against said Alexander Eoss: And the Clerk of the Superior 
Court is hereby directed and Ordered to give out the Execution on 
said Judgment of Court for no more than one third of said Judg- 
ment, and the whole of the Cost; and that no Execution be ever 
taken out for the remaining part of said Judgment. [Passed Jan- 
uary SI. 



CHAPTER 156. 

RESOLVE IMPOWERING JON^ KNIGHT, ADM« TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
146. 

House Jour- 
nal, p. 233. 
Province 
Laws, ii., 151, 
chap. 10; xii., 
325, chap. 145. 



A Petition of Jonathan Knight Admin' of the Estate of Moses 
Bennet late of Harvard dec** left unadministred by Joanna Bennet 
late of Harvard deceased former Admin' of said Estate Setting 
forth That the said Moses on the 10* day of December 1761 pur- 
chased of Moses Putnam for the Sum of <£'33.6.8. Seventy five Acres 
of Land in Dorchester Canada now called Ashburnham and was part 
of Lot N° 10 and part of Lot N'' 22, and obliged himself to fulfil 
the duty of Settlement enjoined by the General Court on X° 22, 
That the said duty is not performed, and the Land subject to for- 
feiture. That the Land tax on the same has been paid out of the 
deceaseds Estate, which is very small and scarce sufficient to pay 
his Debts. And praying leave to Sell the said Land. 

[Read and] 

Resolced That for the reasons in this Petition mentioned, the 
same be granted: and that the said Jonathan Knight the said Ad- 
min"' be and he hereby is impowered to make Sale of the Real Estate 
within mentioned for the most the same will fetch, and to make & 
execute a good Deed or deeds thereof to the purchaser, he observing 
the directions of the Law relating to the Sale of Real Estates by 
Executors and Admin" & giving sufficient caution the money arising 
by said Sale after all necessary charges are paid, be secured for the 
use of the Children of the said deceased. [Passed January SI. 



CHAPTER 157. 



ORDER ALLOWING £3 TO W^ LAZELL. 



Legislative 
Records of the 
Council, xxvi., 
149. Mass. 
Archives, 
Ixxx., 579. 

Mass. 
Archives, 
Ixxx., 578. 
House Jour- 
nal, pp. 73, 234, 
235. Province 
Laws, xvi., 247, 
chap. 89. 



A Petition of William Lazell of Middleborough Setting forth 
That he was a Soldier in the pay of the Province in Cap' Cobb's 
Company of Col° Ruggles's Regiment in 1759. That when he re- 
turned he left his Gun at Albany according to Order, but that the 
price of his Gun Avas stopped out of his AVages, for which he sent 
his petition to this Court formerly, but as the Court declined doing 
private business at that Session, he has never had any Recompeuce. 
And praying Relief. 

Read and 



[3d Sess.] Province Laws {Resolves^ etc.). — 1765-66. 81 

Ordered that the Sum of three pounds be allowed and paid out 
of the publick Treasury to M' Oliver of Middleborough for the use 
of the Pef in full for the stoppage mentioned. [Passed January 81. 



CHAPTER 158. 

ORDER ALLOWING PROVINCE LAW BOOKS TO THE DISTRICT OF NORTH- Legislative 

BOROUGH. He.or.ls of the 

Council, xxvl., 
17L Mass. 

Ordered that the District of Northborough be furnishd with a ^^n^^^afl,;. 
Sett of Province Laws at the publick expence. [Passed January 31.^ House Jour- — 

nal, p. 23-2. 



CHAPTER 159. 

RESOLVE SETTING OFF DIVERS PERSONS AND THEIR ESTATES FROM 
THE FIRST PRECINCT IN SCARBOROUGH TO THE SECOND PRECINCT 
THEREOF. 

The Committee appointed the 23"^ Instant on the Petition of a Legislative 
number of the Inhabitants of the first parish in Scarborough, hav- councif, xxvi.^, 
ing made Report the following Order passed in consequence thereof, i*^^ 

[Eead and] Legislative 

Resolved that Timothy Prout Esq' Joseph Prout Moses Plummer, councif.xxvi?, 
William Plummer, William Thompson Esq', Joshua Small, Elisha {^i'^lia*' House 
Libbee, Richard Libbee, Beni^ Blake, Tho^ Larrabee, Nathaniel .lournai, pp. 25, 
Libbee, John Guilford, Samuel March, Sam' Jones and Peter Libbee i65, 217', 231, 236, 
with their Estates lying in the first Parish in Scarborough be, and lIWs^xvIi.'^'^'^ 
hereby are set off to the second parish in said Scarborough, there eiu, chap. 252. 
to do duty and receive priviledge in every respect until the further 
order of this Court, that of voting for the removal of the Meeting 
House, in said second parish, or building a new one there, only 
excepted, in which they s}iall have no Vote : Provided said second 
parish shall receive them. [Passed February 1. 



CHAPTER 160. 

RESOLVE IMPOWERING SARAH MORSE, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISIONS IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Morse of Berwick Admin^ of the Estate Legislative 
of John Morse late of said Berwick Clerk deceased Intestate Set- councff xxv^^ 
ting forth That the said Intestates Estate consists of a few Books, i^j*- 
some Household stuff and a Dwelling House partly finished and House Jour- 
about two acres of Land ; That there is not a sufficiency left to provmc'e ' 
finish the House and support the Family of the deceased, who left JifaT'io"' ^^^' 
four small Children ; And praying that she may be impowered to 
make Sale of the said House and Land, and improve the money 
arising by such Sale at interest for the benefit of herself & Children. 

Read and 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is February 12. 



82 



Province \ja\w^ {Resolves, etc.). — 17(35-6(5. [Chaps. KJl, l(j2.] 



Resolved that the prayer of the Petitioner be granted : and the Peti- 
tioner in her capacity as Admin^ be, and is hereby impowered to 
make Sale of the House and Land mentioned in said petition, and 
to Execute a good Deed or deeds of the same; Slie observing the 
directions of the Law respecting the Sale of Real Estates by Ex- 
ecutors and Administrators and giving sufficient security to the 
Judge of Probate for the County of York, that the proceeds of 
said Sale shall be applied in the following manner viz' one third 
part thereof to be put out to interest for the benefit of the said 
Sarah the Petitioner, during her life in lieu of her right of Dower 
in the premises, and the remaining two thirds after the Just debts 
of the deceased are paid, be applied towards tlie support of the 
Children. \^Passed Fehriiary 1. 



CHAPTER 161. 

ORDER ALLOWING £6 TO GREEN & RUSSELL, PRINTERS. 

Legislative A PETITION of Green & Russcll printers, Praying an allowance 

Council, xxvi., for stitcliiug in blue paper the Journals of the House of Repre- 
Archi^^esTi., seutativcs, being over and above their Agreement, as the same used 
"^- to be delivered to the Members of the Court in loose Sheets. 

Archives I "^^'^^ ^^^ 

-m. House Ordered that the prayer of this Pet" be granted and that the Sum 

Journal, pp. 30. ^^ gj^ pounds be allowed and paid the Pet" out of the publick 
Treasury accordingly. \^Passed February 1. 



CHAPTER 162. 

RESOLVE IMPOWERING EXP"^'= FAIRBANK, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of tlie 
Council, xxvi., 
150. 

House Jour- 
nal, pp. 237, 238. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Experience ' Fairbanks Widow and Admin^ of 
the Estate of Jonas Fairbank of Medway deceased and Guardian 
of seven of his Children Setting forth That the said deceased 
was in his life time seized of a small tract of Land consisting of 
nine Acres lying in said Medway and unimproved, which Land 
now descends to his Nine Children, all Minors, and is like to be 
of no advantage to them during their Minority : And praying for 
leave to Sell the same, the money arising by such Sale to be im- 
proved at interest for the benefit of the Heirs. 

Read and 

Resolved that the prayer of the Petition be granted ; and the Peti- 
tioner Experience Fairbank in her Capacity be, and hereby is im- 
powered to make Sale of the premises for the most they will Sell 
for; She observing the Rules of Law for the Sale of Real Estates 
by Exec" and Admin", and to make and Execute a good Deed or 
deeds thereof in the Law, She first giving security to the Judge 
of Probate for the County of Suffolk that the proceeds arising by 
such Sale shall be improved at interest for the benefit of the Heirs. 
\^Passed February 1. 

* The House Journal, p. 237, reads, " Ephraim." 



[3d Sess.] Province Laws {Resolves^ etc.). — 1765-66. 83 



CllAPTEK 163. 

ORDER ALLOWING PROVINCE LAW BOOKS TO SUNDRY TOWNS. Legislative 

Records of the 

Ordered tluit Beoket Liinesborougli Murry field Chesterfield Ash- isi. Mass. 
field, Wilbraham Riclimond VVilliamsLon Windham and Royalston ivm.' 553.' 
be each of tliem furnish'd with a Sett of the Province Laws at the House Jour- 
publick Expence. \^Passed February 1. nai, p.239. 



CHAPTER 164. 

ORDER ALLOWING £60 AND A FURTHER SUM OF £16. 5. 4 TO ROB'^ BALL. 

A Petition of Robert Balls Praying an allowance for his Service Legislative 
as Keeper of the Light house for the year pa;st ending the 19^'' day coum-if xxl'if 
of November last, which compleats his 32** year and praying a re- isi. 
imbursment of the Sum of £16.5.4 advanced for 30i/^ Cord of Wood House Jour- 
for the benefit of the Light. Province' '^' 

Read and JS''^."' ''*' 

Ordered that the Sum of Sixty pounds be granted out of the 
public Treasury to the Petitioner for his Service for one year ending 
the 19"' of November last. Also the Sum of Sixteen pounds, five 
shillings and four pence for thirty Cord and four feet of Firewood. 
\^Passed February 1. 



CHAPTER 165. 

RESOLVE ALLOWING £7. 8. 6 TO COL*^ THO» DOTY. 

A Petition of Col° Thomas Doty Setting forth That in the Legislative 
year 1758 he had the Command of a Regiment in the pay of the coiincif xxvi^ 
Province, and was furnished with One tliousand Blankets for his i^i- Mass. 
Men; but as they exceeded that number, he purchased of Cap' Abr: ixxx^Jmi. 
Jacob Lansing eleven Blankets to make up the deficiency. And pray- House Jour- 
ing that he may be reimbursed the amount. nai,pp.235,24i. 

Read and 

Resolued That there be Paid out of the Publick Treasury to the 
Petitioner The Sum of Seven Pounds Eight Shillings and six pence 
In full for the Eleven Blankets Mentioned in the Petition, \^Passed 
February 1. 



CHAPTER 166. 

RESOLVE IMPOWERING RHO. WOMSCOM, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Rhoda Womscom Indian woman and Widow of Legislative 
John Womscom deceased. Setting forth, That she is seized of Ten councif, xxvu, 
acres and 110 Rods of Land in Natick as Heir to her father John Archfves^^' 
Babesuck deceased. That her husband before mentioned died in xxxiii., 367. 



84 



Province IjAY^^ {Resolves, etc.). — 1765-6G. [Chaps. lOT, lOb.] 



Mass. 
Archives, 
xxxiii., 368. 
House Jour- 
nal, p. 237. 
Province 
Laws, xvi., 241, 
chap. 76, note. 



January last, leaving her his House and Land in Connecticut where 
she is much better accomodated than at Natick : that he died about 
four or five pounds in debt which she cannot discharge without 
making Sale of some part of her Real Estate: And praying that 
she may be impowered to make Sale of her said Land in Katick. 

[Read and] 

Resolved that the prayer thereof be Granted and that the Petitioner 
is hereby Impowered to Sell the Said Ten acres and one hundred 
and Ten rods of land therein mentioned and Execute a Deed Thereof 
under the Care and Inspection of John Jones and Joseph Buck- 
minster Esq" Guardians and the Said Guardians shall take Care 
that the Debts mentioned in Said Petition be first paid out of the 
proceeds of said sale and the overplus (if any be) shall be applied 
by said Guardians for the Benifit of the petitioner. [Passed Feb- 
ruary 1. 



CHAPTEK 167. 



ORDER IMPOWERING JAMES HISCOCK, ATTORNEY AND GUARDIAN, TO 
SELL PART OF AN ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
152. 

House Jour- 
nal, p. 238. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of James Hiscock Attorney of Eben"" Dickman Mar- 
iner, now absent, and Guardian of John Dickman a Minor Brothers 
and joint Heirs to a small Real Estate in Boston setting forth That 
the said Estate needs considerable repairs, and is so situated as to 
be continually liable to damage from the Sea, and wlien in repair 
will not bring in so much as the Interest of the Money: That he 
apprehends it to be for the interest of the minor that the said 
Estate should be Sold, and he is fully impowered by the elder 
Brother to make Sale of his Interest therein. And praying that 
he may be enabled as Guardian to the Minor to make Sale of his 
share, also in the said Estate. 

Read and 

Ordered that the prayer of the Petition be granted; and the Peti- 
tioner be, and hereby is impowered to sell the within mentioned 
John Dickman's part of the premises, together with the other part 
thereof, and to make and E.xecute a good Deed thereof in Law, he 
observing the Rules of Law for the Sale of Real Estates by Exec- 
utors & Administrators and giving due caution to the Judge of Pro- 
bate for the County of Suffolk tiiat the proceeds arising from such 
Sale shall be secured for the benefit of the said Minor. [Passed 
February 1. 



CHAPTER 168. 

RESOLVE IMPOWERING JOHN BAKER AND JOHN RANSHON SIGOURNEY, 
GUARDIANS, TO SELL MINORS INTEREST IN REAL ESTATE AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
155. 

House Jour- 
nal, p. 244. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of John Baker of Boston Guardian to Peter Anthony 
and Andrew Sigourney Minors and Children of Anthony Sigourney 
deceased, and of John Raushon Sigourney of Boston Guardian to 
Hannah, Charles and Andrew Sigourney Minors and Children of 
Andrew Sigourney jun'' deceased Setting forth. That the said 
minors in right of their said Fathers deceased are interested in a 



[3d Sess.] Province l^wf^ {Resolves, etc.). — 1765-66. 85 

certain Brick House situate in Prince Street in the Northerly part 
of Boston: Tiiat the said House requires constant Repairs and is 
not capable of being improved to the advantage of the said Minors, 
and the otlier Heirs are about selling tlieir parts thereof. And pray- 
ing that they the said Guardians may be impowered to make Sale 
of tlie said Minors interest in the premises. 

Read and 

Resolved That the prayer of the Petition be granted : and that 
the Petitioners in their capacity as Guardian be, and hereby are 
fully authorised and impowered to, make Sale of the Minors within 
mentioned their Interest in the Real Estate mentioned in the Peti- 
tion for the most the same will fetch, and make and execute a good 
Deed or deeds for the same, they observing the directions in the 
Law for the Sale of Real Estates by Exec" and Admin" and giving 
sufficient security to the Judge of Probate for the County of Suf- 
folk that the money arising by the Sale thereof be put out to In- 
terest upon good security for the benefit of said Minors. \_Passed 
February 4. 



CHAPTER 169. 

RESOLVE IMPOWERING GEORGE HARPER, CONSTABLE, TO COLLECT 
TAXES IN DISTRICT OF OAKHAM. 

A Petition of Alexander Crawford and others Assessors of the LegisiaUve 
District of Oakham Setting forth That after they had committed coundf xlv^^ 
the Taxes for 1764 to the Constable chosen for that year to collect, ist. 
they discovered a great mistake in the proportion of said Taxes House .Jour- 
among the Inhabitants, whereupon they took back the List to rec- ^^^' ^' ^^' 
tify the mistakes, but before they had compleated it, the time 
arrived for the choice of new Constables. The Petitioners however 
committed the said Taxes to the Constable chosen for 1764 to col- 
lect but as a doubt has arisen as to the legality of this proceeding, 
they pray the interposition of this Court in order to render the 
same valid and effectual. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that 
George Harper Constable of the District of Oakham for the year 
1764 be and hereby is fully authorised and impowered to collect 
and Levy the Taxes on the Inhabitants & Estates of said District 
for said year, and committed to him to collect by Alexander Craw- 
ford, James Bell and William Banks assessors thereof in as full and 
ample a manner as he might or could have done in Law, had the 
Tax Bills been committed to him seasonably before his time by Law 
had been expired. [^Passed February 4. 



CHAPTER 170. 

ORDER ALLOWING PROVINCE LAW BOOKS TO THE TOWN OF TYRING- Legislative 

HAM. Rt'fords of the 

Council, xxvi., 
158. 

Ordered that the Town of Tyringham be furnished with a sett House Jour- 
of the Province Laws at the public Expence. [Passed February 4, nai, p. 247. 



86 



Province Laws (i2eso/ves, ete.). — 1765-66. [Chaps. 171-173.] 



CHAPTER 171. 



Legislative 
Records of the 
Council, xxvi., 
137, 159. 

Legislative 
Records of the 
Council, xxvi., 
143. House 
Journal, 
pp. 220, -234, 249. 



ORDER WITH STAY OF EXECUTION ON PETITION OF JOHN JEFFRIES, 
ESQK, AND OTHERS, IN REGARD TO A REVIEW OF AN ACTION. 

A Petition of John Jeffries Esq"" and others Proprietors of Eut- 
land Setting forth That Stephen Minot of Boston brought his 
Action against them at the Inferior Court held in Boston in April 
last for Sixty one pounds, twelve shillings & eleven pence due as 
lie saith, for Services done for them by his Father in Law Jonas 
Clark Esq' late of Boston deceased ; whicli Action was carried by 
Demurrer up to the Superior Court where contrary to their expec- 
tation, while M'' Otis their attorney was absent on affairs of the 
Government, the case was called and Judgment went against them 
by default for the said Sum of Sixty one pounds twelve shillings 
and eleven pence, and Costs, Whereupon they have brought their 
Action of Review to the next Superior Court to be holden at Bos- 
ton. And praying that Execution may be stayed till final Judgment, 
upon the Petitioners giving Bail Bond to the Clerk of the Court 
aforesaid to respond the Judgment (if any be) that may be obtained 
against them 

The Committee appointed the 31^*^ of January on the petition 
of John Jeffries Esq' and others proprietors of Rutland praying 
that an Execution obtained against them by Stephen Minot may 
be stayed 'till final Judgment, having made Report the following 
Order passed thereon viz* 

Read : And thereupon 

Ordered that the Execution in the petition mentioned be stayed 
until Judgment on the Review of the Action be given; provided 
the Petitioners do within ten days give such Bond as by Law they 
ought [to] ' have done in order to prevent the Executions issuing. 
[Passed February 5. 



CHAPTER 172. 



Legislative 
Records of the 
Council, xxvi., 
1.59. Mass. 
Archives, 
xliv., 592. 

House Jour- 
nal, p. 250. 



RESOLVE ALLOWING £800 TO THE JUSTICES. 

Resolved, That the Sum of Eight hundred pounds be granted, 
and paid out of the publick Treasury to the honorable Justices of 
the Superior Court of Judicature, Court of Assize and General 
Goal Delivery for their Services for one Year, ending the first Day 
[of] " January. [Passed February 5. 



CHAPTER 173. 



Legislative 
Records of the 
Council, xxvi., 
160. Mass. 
Archives, 
xliv., .593. 

House Jour- 
nal, p. 252. 



RESOLVE ALLOWING £40 TO THE CHIEF JUSTICE. 

Resolved that the Sum of forty pounds be granted and paid out 
of the publick Treasury to the Hon*"^ Thomas Hutchinson Esq' in 
consideration of his faithful discharge of the important trust re- 
posed in him as Chief Justice and for his further encouragement 
therein. [Passed February 5. 

' Inserted from the House Journal, p. 249. 

- Inserted from Legislative Records of the Council, xxvi., 160. 



[3i) Sess.] Province Laws {Resolves^ etc.). — 1765-66. 87 



CHAPTEK 174. 

RESOLVE ALLOWING £50 TO THE SECRETARY. 

Resolved that the Sum of Fifty pounds be granted and allowed R^^^rds'of the 
to be paid out of the public Treasury to the Ilon^''" Andrew Oliver Council, xxvi., 

Esq' Sicretary-of this Province for his Services for one year end- — 

ing the sixth day of Decern'' last. [Passed February 5. nai!'i)'! 25c"'^' 



CHAPTER 175. 

RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY. Legislative 

Records of the 
Council, xxvi., 

Resolved that the Sum of Ninety pounds be granted and allowed leo^ 

to be paid out of the public Treasury to the Hon^'® Andrew Oliver House Jour. 
Esq"" Secretary of this Province in consideration of his extraordinary °tpra',?hap. 
Services to the sixth day of December last. [Passed February 5. i"*- 



CHAPTER 176. 

RESOLVE ALLOWING £267 TO THE TREASURER. 

Resolved, That the Sum of Two hundred and sixty seven pounds Legislative 
be granted and allowed to be paid out of the publick Treasury to coimclf xxvi^ 
the honorable Harrison Gray, Esq'' Treasurer and Receiver General wo- Mass. 
of His Majesty's Revenues of this Province, for a Year's Service, end- 372? '^*'^' "^■* 
ing the twenty third Day of December last. [Passed February 5. House Jour. 

nal, p. 250. 



CHAPTER 177. 

RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER OF THE HOUSE. 

In the House of Representatives. Legislative 

Resolved that there be granted and allowed to be paid out of the couucif,xxv'i^, 

public Treasury the Sum of four shillings per diem to the Hon'''^ ^ 

Samuel White Esq' Speaker of the House for every day of his attend- House Jour, 
ance in the General Court from the opening of the Session on the ' ^' 
29^^ day of May 1765 over and above his pay as Member of this 
House. 

In Council, Read and Concurred. [Passed February 5. 



88 



Province Laws (i?esoZves, e<c.). — 1765-66. [Chaps. 178-181.] 



CHAPTER 178. 



Legislative 
Records of the 
Council, xxvi., 
160. 

House Jour- 
nal, p. 251. 



RESOLVE ALLOWING £90 TO THE CLERK OF THE HOUSE. 

Resolved that there be granted and allowed to be paid out of the 
public Treasury the Sum of Ninety pounds to Kowland Cotton Esq' 
Clerk of the House of Representatives for his Service during the 
several Sessions for the current year. \^Passed February 5. 



CHAPTER 179. 



Legislative 
Records of the 
Council, xxvi., 
161. Mass. 
Archives, 
Iviii., 553". 

House Jour- 
nal, p. 250. 



RESOLVE ALLOWING £200 TO THE PRESIDENT OF HARVARD COLLEGE. 

Resolved, That the Sum of two hundred pounds be granted and 
allowed to be paid out of the publick Treasury, to the Reverend 
Edward Holyoke, President of Harvard-College, over and above the 
Rents of Massachusetts-Hall, for one Year, ending the tenth Day 
of September next, to be paid Quarterly. \^Passed February 5. 



Legislative 
Records of the 
Council, xxvi., 
161. Mass. 
Archives, 
Ivili., 554a. 

House Jour- 
nal, p. 251. 



CHAPTER 180. 

RESOLVE ALLOWING £100 TO THE PROFESSOR OF MATHEMATICS AT 
HARVARD COLLEGE. 

Resolved, That there be granted and allowed to be paid out of 
the publick Treasury, to John Winthrop, Esq' Hollisian-Professor 
of the Mathematicks and Natural Philosophy at Harvard College 
in Cambridge, the Sum of one hundred pounds as a Gratuity, in 
Consideration of his faithful Discharge of the great and important 
Trust reposed in him, and for his further Encouragement therein. 
[Passed February 5. 



CHAPTER 181. 



Legislative 
Records of the 
Council, xxvi., 
161. Mass. 
Archives, xiv., 
451. 

House Jour- 
nal, p. 251. 



RESOLVE ALLOWING £12 TO THE CHAPLAIN OF THE TWO HOUSES. 

Resolved, That there be allowed and paid out of the publick 
Treasury, the Sum of twelve pounds to the Reverend Andrew 
Eliot, Chaplain to the honorable Board, and the honorable Hous 
of Representatives the current Year. [Passed February 5. 



[3d Sess.] Province Laws (^Resolves, etc.). — 1765-66. 89 



CHAPTER 182. 

RESOLVE ALLOWING £i50 TO THE PROFESSOR OF DIVINITY AT HAR- 
VARD COLLEGE. 

Resolved, That there be granted and allowed to be paid out of Legislative 
the publick Treasury to the Reverend Edward Wigglesworth, Ilolli- coundf.x.wL, 
sian Professor of Divinity at Harvard College in Cambridge, the Archfves^' 
Sum of fifty pounds as a Gratuity, in Consideration of his faithful iviii., sm.' 
Discharge of the great and important Trust reposed in him for half HouaeJour- 
a year past ending at this time. [Passed February 5. na.p. 



CHAPTER 183. 

RESOLVE ALLOWING £50 TO THE LIEUTENANT OF CASTLE WILLIAM. 

Resolved that there be allowed and paid out of the public Treas- Legislative 
ury the Sum of Fifty pounds to John Phillips Esq^ Lieutenant of council' xIvl, 
his Majestys Garrison at Castle William in consideration of his faith- isi. 
ful discharge of that trust. [Passed February 5. House Jour- 



CHAPTER 184. 

RESOLVE ALLOWING £40 TO THE CHAPLAIN OF CASTLE WILLIAM. 

Resolved, That there be allowed and paid out of the publick Record"of^the 
Treasury, the Sum of forty pounds to M'' Christopher Bridge Council, xxvi., 
Marsh, Chaplain at his Majesty's Castle William, for one Year, in Archives', xi v.. 
Consideration of his faithful Discharge of that Trust. [Passed *^ 

February 5. House Jour- 

•^ nal, p. 252. 

CHAPTER 185. 

ORDER IMPOWERING EB^ AYER, AND OTHERS, TO BRING FORWARD A 

WRIT OF REVIEW. 

The Committee appointed the 31^* of January on the petition Legislative 
of Ebenezer Ayer and others of Pepperelborough [ante, p. 62, councu xxvi^ 
chap. 116] having made Report the following Order passed thereon les. 
viz' House Jour- 

Read and Accepted: And ' 7lte^v^^f^- 

Ordered that the prayer of said petition be so far granted as that °^*p- '^^^• 
the Petitioners be fully impowered to bring forward the Action in 
said petition mentioned &c at the next Superior Court of Judica- 
ture Court of assize &c to be held at York in and for said County 
of York on the first Tuesday of July next, as fully as if the appeal 
had been made, and the Appellants the present petitioners had entered 
into recognizance to prosecute the same according to Law from a 
Judgment of the Inferior Court of Common pleas held at Bideford 
on the second Tuesday of October last upon the Writ of Ejectment 
in said petition mentioned : And that the Justices of said Superior 



90 



Province Laws {Resolves, etc.). — 1765-66. [Chaps. 186, 187.] 



Court of Judicature &c be impowered to hear and determine the 
same upon the merits of said Cause, and then only to all intents 
and purposes whatsoever as fully as if said Appeal had been claimed 
and Recognizance entered into at said Inferior Court in time and 
manner as the Law directs : And all proceedings had or precept issued 
in consequence of said Judgment be and they are hereby superseded 
and declared void. [Passed February 7. 



Legislative 
Records of the 
Council, xxvi., 
155, Ifio. 

House Jour- 
nal, pp. 245, 24(), 
261, 262. Prov- 
ince Laws, xii., 
455, chap. 229; 
516, chap. 96. 



CHAPTEE 186. 

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION 
OF THE PROPRIETORS OF PITTSFIELD IN REGARD TO A WRIT OF 
EJECTMENT. 

A Petition of the proprietors of the settling Lots of Boston 
Township N° 3 now called Pittsfield setting forth That the said 
Township was sold by the Town of Boston in 1737 to Jacob Wen- 
dell Esq' who admitted as partners in said purchase .John Stoddard 
and Philip Livingston Esq" That the said Philip Livingston was 
impowered by his partners to lay out 60 Lots of 100 Acres each to 
be disposed of to Settlers, that the said Livingston being disappointed 
of some Dutch Settlers, did at length give to Joseph Huston three 
of the best of said Lotts, and Sold to said Huston, Lee & Root 
forty more of them obliging them to do two thirds of the duty 
enjoined by the Government upon said Township. That the duty 
is performed on the said Lots respectively ; but on some pretence 
or other to their great surprize the Heirs of John Stoddard Esq'' 
deceased have brought a Writ of Ejectment against one of the Set- 
tlers who hath done more than ten times the duty required by the 
Court of any one Settler, which they apprehend to be a prelude 
of further difficulties. And praying the interposition of this Court 
for their Relief. 

The Committee appointed the 4'-'' Instant on the petition of the 
proprietors of the settling Lots in Pittsfield having made Report, 
the following Order passed thereon viz' 

Read and accepted : And 

Ordered that the petitioners serve the Admin"" on the Estate of 
the Hon*''" John Stoddard Esq" and the Exec" of the Estate of 
Jacob Wendell Esq"" deceased with Copies of this Petition that they 
shew cause if any they have on the second Wednesday of the next 
May Session of the General Court why the prayer thereof should 
not be granted; and that all further proceedings on the Writ of 
Ejectment mentioned in said petition be stayed in the meantime. 
[Passed Fehruary 10. 



CHAPTER 187. 

ORDER ACCEPTING REPORT ON THE PETITION OF JOSEPH BILLINGS. 
GUARDIAN OF PUNCAPAUG INDIANS. 



A Petition of Joseph Billings Guardian of the punkapog Indians, 
'aying the further Order of this Court with regard to a C€ 
of money due from Samuel NilesEsq"" to the said Indians. 



Legislative 

Councif,xxvi.^ praying the further Order of this Court with regard to a certain Sum 

164. Mass. _ . _ _ . .- _ -. 

A.rchivG8 

xxxiii.,362,363. The Committee On the petition Of Joseph Billings beg leave to 



[3d Sess.] Province IuAws (Besolves, etc.). — ITOo-GG. 91 

rei^ort. That they are unanimously of the Opinion that Samuel Niles Mass. 
Esq' has discharged liimself by payments made to tlie said Joseph xxxln.^m). 
as (Juardian to the Punkapoar Indians Of the sum of four pounds {i*^^*^'?"^^.. 
Eighteen Sliillings m part oi tlie £7.11.10i/l> mentioned m said Council, xxvi., 

JosepllS petition. .lournal,"""'* 

And tliat therefore these remaing ' due from the said Samuel pp. '^a'd, 2ci. 
Only the Sum of Two pounds tliirteen shillings & ten pence half 
penny; upon the payment of which the said Niles, Ought to be 
fully discharged 

And tlie said Joseph be held Accountable for the said Sum of 
four pounds Eighteen shillings, & for all Other sums w*^'^ he has 
already received; & not Accounted for, or may hereafter receive, 
to the Use of the Said Indians, w*^*" is Submitted 

By N Spakhawk p order 

Read and Accepted And 

Ordered That Samuel Niles Esqr withinment*^ be directed to pay 
to M' Joseph Billings, Guard" of the Punkapog Indians the Sum 
of Two pounds thirteen shill^s & ten pence half peny, and that he 
be thereupon discharged of all Sums which he the s'' Samuel had 
receiv'd on acco' of the s'^ Ind°* 

And further 

Ordered That the said Joseph Billings be held to account for the 
Sum of Four pounds eighteen shill^s which he had rec'' of the s** 
Samuel, and for all other sums rec'' by him as Guardian aforesaid, 
and not yet accounted for, and for such other Sums which he may 
hereafter receive for the use of the s** Indians. [Passed February 10.'' 



CHAPTER 188. 

RESOLVE THAT THE PROVINCE TREASURER GIVE BOND WITH SURETIES 
AND APPOINTING A COMMITTEE TO EXAMINE THE SAME. 

In the House of Representatives. Legislative 

Resolved That no person who shall be chosen by this Court into coimcif, ^l^u, 

the office of Treasurer & Receiver General for this Province for ^ 

the present year shall be esteemed duly qualified to enter upon the House Jour- 
Execution of that office until he shall first have an Oath Admin- X(<ef p. 3." 
istred to him for his faithful performance of his said office, and ^^'/''«' <=hap. 
shall give Bond with sufficient Sureties to the acceptance of a Com- 
mittee appointed by this Court for that purpose in the Sum of Thirty 
thousand pounds lawful money to the three eldest Councellors in 
the Province for the time being, who are hereby appointed a Com- 
mittee in behalf of the Province, and especially authorised for this 
purpose, which Bond shall be conditioned for such Treasurers truly 
and faithfully discharging the duty of his office according to Law, 
and for his rendring an account when and so often as he shall be 
required by the General Court of all such Sum or Sums of money 
as he shall from time to time receive into the Treasury, and for his 
well and truly paying to his Successor in said office or to any other 
person that may be appointed by the General Court to receive the 
same, all such Sum or Sums of money as upon such Settlement of 
his said Accounts or otherwise shall be found due and payable from 

1 site. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 21. 



92 



Province IjAws (Besolves, etc.). — 17 65-66. [Chaps. 189-192.] 



him to this Province. Provided that tlie said Bond be put in suit 
within three years next after tlie date hereof, otherwise to be void, 
and of no effect; and tliat M' Hall and Col° Brown with such as 
the Hon'''^ Board shall join be a Committee to judge of the suffi- 
ciency of sucli as may offer to become Sureties for the Treasurer 
as aforesaid. 

In Council, Eead and Concurred, and Thomas Flucker Esq' is 
joined in the affair. [Passed February 11. 



CHAPTER 189. 



Legislative 
Records of the 
Council, xxvi., 
168. Mass. 
Archives, civ., 
373. 

House Jour- 
nal, p. 264. 



VOTE CHOOSING HARRISON GRAY PROVINCE TREASURER. 

Pursuant to the Agreement of the two Houses they proceeded 
to the choice of Civil Officers for the present Year, and first of a 
Treasurer and Receiver General for the Province, when Harrison 
Gray Esq' was chosen by a Major Vote of the Council and House 
of Representatives. [Passed February 11. 



CHAPTER 190. 

VOTE CHOOSING THOMAS HUBBARD OFFICER FOR PURCHASING PRO- 
VISIONS FOR FORTS AND GARRISONS. 



Legislative 
Records of the 
Council, xxvi., 
168. 

House .Jour- 
nal, p. 264. 



Pursuant to agreement of the two Houses, they proceeded 
to the choice of Civil officers for the present year, when Thomas 
Hubbard Esq' was chosen the officer for purchasing provisions &c 
for tlie several Forts and Garrisons by a major part of the Votes of 
the Council and House of Representatives. [Passed February 11. 



CHAPTER 191. 



Legislative 
Records of the 
Council, xxvi., 
168. Mass. 
Archives, 
Ixvi., 339. 

House Jour- 
nal, p. 264. 



VOTE CHOOSING JAMES RUSSELL COMMISSIONER OF IMPOST. 

Pursuant to Agreement the two Houses proceeded to the 
choice of Civil officers for the present year, when James Russell 
Esq' was chosen Commissioner of Impost by a Major part of the 
Votes of the Council and House of Representatives. [Passed Feb- 
ruary 11. 



CHAPTER 192 



Legislative 
Records of the 
Council, xxvi., 
168. Mass. 
Archives, cxx., 
576. 

House Jour- 
nal, p. 266. 



VOTE CHOOSING TRUCKMASTERS AT FORT 

HALIFAX. 



POWNALL AND FORT 



The TWO Houses according to Agreement proceeded to the choice 
of Civil officers for the present year, when Thomas Goldthwait Esq' 
was chosen Truckmaster for Fort Pownall and William Lithgow 
Esq' for Fort Halifax by a Major vote of the Council and House of 
Representatives. [Passed February 11. 



[3d Sess.] Province Laws {Resolves, etc.). — 1765-G6. 



93 



CHAPTER 193. 

VOTE CHOOSING COLLECTORS OF EXCISE FOR ALL COUNTIES. 

According to Agreement the two Houses proceeded to the Legislative 
Choice of Civil officers for the present year, when the undermen- coum'lf, xIvL*^ 
tioned persons were chosen Collectors of Excise on Spirituous i^"^- , ^'^^s^. 
Liquors &c for the several Counties as hereafter mentioned by a 575. ' ' '''' 
Major Vote of the Council and House of Representatives. 



House Jour- 
nal, pp. 264, 265. 



County of 

Suffolk M"- Thomas Fletcher 

Essex M"' Thomas Porter 

Middlesex M'' John Remington 

Hampshire M'' Lewis Bliss 

Worcester M'' Levi Willard 

Plymouth Cap' Nath' Little 

Barnstable M^ Enoch Hallet 

Bristol M'' Thomas Gilbert jun"' 

York M' David Sewall 

Dukes County M' James Allen junf 

Nantucket Obed Hussey Esq'' 

Cumberland M^ Theophilus Bradbury 

Lincoln M' Thomas Moulton. 

Berkshire M'' Israel Dickinson 



[^Passed February 11. 



CHAPTER 194. 



VOTES CHOOSING NOTARIES PUBLIC. 



The two Houses according to Agreement proceeded to the choice Legislative 
of Civil officers for the present year when the under mentioned per- Records of the 

1 11 "Ti 1 1 • -fc^ "1 • T^ PI r^ •! ^onncu, XXVI., 

sons where chosen rublic JNotaries by a major Vote 01 the Council i«9- Mass. 
and House of Representatives. xnv.,^594.' 



Suffolk 



For the port Boston 
f Salem . 



I Ipswich 
l Marblehead 
I Newbury 
\ Glocester 
Plymouth 
I Barnstable 
I Falmouth 



Essex 

Plymouth 
Barnstable 

Bristol 

Dukes County Edgartown 
Nantucket 

r York . 
York \ Kittery . 

i Wells . 
Cumberland Falmouth 
Lincoln 



Ezekiel Goldthwait Esq^ 
M'' Henry AUine jun'' 
John Nutting Esq'' 
M'' Samuel Sawyer 
John Chipman Esq'' 
William Atkins Esq'' 
Daniel Witham Esqi^ 
Edward W^inslow Esq'' 
Solomon Otis Esq^ 
Thomas Smith Esq 
■ Thomas Gilbert Esq 
Elisha Tobey Esq'' 
John Norton Esq 
Obed Hussey Esq' 
Daniel Moulton Esq'' 
Charles Chauncy Esq'' 
John Wheelwright Esq 
Stephen Longfellow Esq' 
M>^ Thomas Moulton 



House Jour- 
nal, pp. 266, 267 



\Pa88ed February 11. 



Sic. 



94: 



Province Laws {Resolves, etc.). — 1765-GtJ. [Chaps. 195, 19t).] 



CHAPTER 195. 



RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY. 



Legislative 
Records of the 
Couucil, xxvi., 
ITU. 

House Jour- 
nal, p. 268. 
Province 
Laws, iv., 737, 
chap. 20; v., 
(36, note. 



Whereas the Court of General Sessions of the peace and Infe- 
rior Court of Common pleas are by Law appointed to be held at 
Taunton in the County of Bristol on tlie third Tuesday of February 
Instant; and it is apprehended that but little if any business will 
be done at said Court, and it is also probable the General Court may 
be then sitting, and many of the Members of the said General Court 
are also concerned in the said Courts to be held at Taunton in the 
County of Bristol aforesaid. 

Wherefore 

Resolved That the said Court of General Sessions of the peace 
and Inferior Court of Common pleas which by Law are to be held 
at Taunton aforesaid on the said third Tuesday of February instant 
be, and liereby are adjourned to the first Tuesday of May next to 
be held at the Court House in the said Town of Taunton at ten of 
the Clock in the forenoon of said day: And all pleas. Writs, Actions 
Suits, Complaints, processes, precepts. Recognizances and other 
thing or things whatsoever returnable or liaving day or days in the 
said Courts, and which were there to have been proceeded on, shall 
stand valid and continue unto the said Adjournment, and be held, 
deemed and adjudged to be as good, effectual and available in Law 
to all intents and purposes whatsoever as if such Court had been 
held and kept on the day by Law for holding the same, and no 
Adjournment there of had been made. \^Passed February 12. 



CHAPTER 196. 



ORDER WITH STAY OF PROCEEDINGS 
GENERAL SESSIONS OF THE PEACE 
MENT FOR TAXES IN BOXFORD. 



IMPOWERING THE JUSTICES OF 
FOR ESSEX TO REVISE ASSESS- 



Leglslative 
Records of the 
Council, xxvi., 

170. 

Legislative 
Records of the 
Council, xxvi., 
107,108. House 
Journal, pp. 90, 
167, 175, 22y bis, 
270. Ante, 
p. 39, chap. 72. 



The Committee appointed the o"" of November last on the Peti- 
tion of the Town of Boxford for relief under an assessment made 
for a highway laid out in said Town, made Report; and thereupon 
the following Order passed viz^ 

Read and accepted: And it appearing that the Town of Boxford 
were not properly notified of the time of laying out the Highway 
in their Petition mentioned, and were also deprived of the benefit 
of an ancient Record of the said Highway, which has been since 
found. 

Ordered that the Justices of the General Sessions of the peace 
for the County of Essex be, and they hereby are impowered at their 
next Session to cause a revisal of the Assessment upon the said Town 
of Boxford at the expence of the said Town, and to proceed therein 
as if no such Assessment had been made : And all proceedings therein 
are hereby stayed in the mean time. [^Passed February 12. 



[3d Sess.] Province Laws (Resolves, etc.). — 1765-6(3. 95 

CIIAPTEK 197. 

RESOLVE ALLOWING £100 TO W^' BAKER, DOORKEEPER. 

Resolved that there be aHowecl and paid out of the public Treas- Legislative 
ury the Sum of One hundred pounds to M' William Baker Door- oouncn.xxvi?, 

keeper to his Excellency the Governor and this Court for his Service ^^1: 

for one year to be paid Quarterly. [Passed February 12. naT^r^o"^' 



CHAPTER 198. 



RESOLVE ACCEPTING REPORT CONCERNING PROV : LANDS IN Y" COUNTY 
OF PLYMOUTH, AND APPOINTING A COMMITTEE TO SELL THE SAME. 

The Committee to inquire into the quality, quantity and circum- Legislative 
stances of Lands in the County of Plymouth belonging to the Prov- counrif xxvf 
ince, have attended that Service, beg leave to report; That they have ni. Mass. 
personally repaired to the Town of Rochester and viewed and in- xivi.*, 537.' 



quired into the circumstances of the following Lands viz' Mass. 

First, William Griffin's Land mortgaged to the Province One hun- xivi'^^5^%3H 
dred and twelve Acres now in possession of Simeon Burges, on which kouse Jour- 
there is a dwelling House & considerable improvements. (ju'nei i764) ; 

Secondly. One hundred and ten acres of Samuel Spragne's Home- ^^o'fiupl^^" 
stead Farm, great part thereof is fenced in and improved for Mow- Laws.ii., ei, 
ing, tillage and pasture, and some Woodland Mortgaged to the isdl^^ap. sw.' 
Province. 

Thirdly. One hundred and fifty acres of Lemuel Little Wood and 
Timber Land mortgaged to the Province. 

Fourthly. One hundred and one acres of John Blackmore's Land 
lying in the Soiith purchase of the Proprietors of Middleborough, 
chiefiy pitch Pine Land, Mortgaged to the Province. 

Fifthly. Ten acres of John White's Homestead, good Land, and 
forty eight acres in the South purchase mortgaged to the Province. 

Sixthly, Twenty acres of Wood & timber Land of Joseph Prince, 
very good Land, the Record of the Bounds defaced and unless speedy 
care be taken about it the Province will be in danger of losing it. 

Seventhly. Three Sixty acre Lots in the Majors purchase in Pem- 
broke belonging to Isaac Barker, of which possession has been taken 
for the Province, great part of tlie money paid, remains due Twenty 
five pound six shillings and nine pence with the Interest thereof 
from the year 1739. 

Eighthly. Nineteen acres of Meadow in Middleborough on the 
North side of Assonet River, good Land, mortgaged to the Prov- 
ince by Benj*^ Booth and Isaac Pearce for Forty pounds in the year 
1734 Nothing paid. All the Lands abovementioned possession has 
been given to the Province. And we further Report that W^e find 
that sundry persons who mortgaged their Lands to the Province 
in the One hundred thousand pounds Loan, have paid their money 
borrowed and the Interest thereof, and we cannot find they have 
had any legal discharges, which we apprehend they ought to have. 
Signed Tho^ Clap, Tho^ Foster Committee 



96 



Province Laws {Resolves, etc.). — 1765-66. [Chap. 109.] 



In the House of Rep"®* 

[Report read and] 

Resolved that Tho« Clap & Tho^ Foster Esq" with Such as the 
Honourable Board Shall Join be a Com**^^ to make Sale of the Sev- 
eral parcels of Land belonging the province lying in the County of 
Plymouth for the Most the Same will fetch and to Execute Good 
Deed or Deeds thereof and in Case it be Necessary they are hereby 
fully Impowered In behalf of the province to Sue for & recover 
possession of any of said Lands & when they have recovered the 
Same to make Sale thereof as aforesaid And the Said Committee 
are further Impowered to give ample discharges to such person or 
persons who received of the 100,000 Loan where it appears they 
have fully paid the Sums they received with the Interest thereon 

The &^ Committee to make Return of their doings to this Court 

In Council Read and Concurred and Gamaliel Bradford Esq' is 
joined in y® Affair. \^Passed February 12. 



Legislative 
Records of the 
Council, xxvi., 
172. Mass. 
Archives, xiv., 
455. 

Mass. 

Archives, xiv., 
452. House 
Journal, p. 269. 



CHAPTER 199. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
REV^ MR TIMOTHY RUGGLES IN REGARD TO A JUDGMENT. 

A Petition of Timothy Ruggles Minister of the first precinct 
in Rochester Setting forth That he settled there in the year 1710 
upon a very small Salary,. besides which he was to have the improve- 
ment of certain ministerial Lands; but that he is kept out of the 
possession of more than three quarter parts of the same by some 
of liis parishioners who have got upon them a great part whereof 
was subdued and brought to at the petitioners Cost. That he hath 
for the sake of peace long acquiesced in a scanty support, as well 
as this unjust deprival of his right; but being now grown old and 
standing in greater need hereof, he laid the Case before the precinct, 
Avho at a Meeting on the G^"" of December 176'2 chose M'' Edward 
Morse their Agent to prosecute such persons as had got into posses- 
sion of the ministerial Lands; First taking power from the peti- 
tioner for that purpose: that he accordingly impowered the said 
Morse, who commenced two Actions of Ejectment one against Elisha 
Barrow and the other against Sam' Haskall jun' both of which failed 
by reason of error in the proceedings and Judgment passed against 
the Petitioner, and Executions for Costs amounting to about £23 
or £24: which the Parish refuse to pay ; and the said Morse has Sued 
them for his Expences in said Suit as their Agent; to which they 
have pleaded the illegality of the Meeting when he was appointed 
Agent; first because there was no Seal to the Warrant for calling 
said Meeting; secondly because the choice of such an Agent was 
not so particularly mentioned in the Warrant as it ought to have 
been; both which Exceptions may in Justice be obviated by the con- 
stant usage of the said precinct tho' in strictness of Law such prac- 
tice cannot be justified. And praying that the proceedings of said 
Meeting may be established and that Execution against the peti- 
tioner may be stayed 'till the validity of said Meeting shall be deter- 
mined. 

Read and 

Ordered that the Pet' serve the Clerk of the first Parish in 
Rochester with a copy of this Petition that so they shew cause (if 



[3d Sess.] Province Laws {Resolves^ etc.). — 1765-66. 97 

any they have) on the second thirsday of the next May Session, 
why the prayer thereof should not be granted, and the Execution 
within mentioned is stayed in the mean time. ' [^Passed February 12, 



CHAPTER 200. 

RESOLVE ESTABLISHING THE ROADS OF THE TOWN OF UPTON AS 
LAID OUT BY THE SELECTMEN THEREOF. 

A Petition of Abiel Sadler and Others a Committee of the Town Lej?isiative 
of Upton Setting forth That ever since the Settlement of said |j,';u",';!jr f^ v^*" 
Town it hath been the practice, whenever there was occasion to na. Mass. 
transact anything relative to Highways, to insert in the Warrant cxxi'.,«2. 
for calling a Town Meeting this general Clause only viz' to accept House Jour- 
or discontinue highways; whereby a doubt hath arisen which may nai, i)i..vi4s,256, 
throw them into great confusion, if such proceeding should be 
declared illegal. And praying that the Eoads and Highways laid 
out and Eecorded in said Town may be confirmed the defect men- 
tioned, in such Warrants notwithstanding. 

[Read and] 

Resolved that the Prayer of this Petition be so far granted as 
that the Roads in the Town of Upton Laid out by the Selectmen 
and Accepted by the S*^ Town at their annual march meetings be 
and hereby are established to all Intents and Purposes the Defects 
mentioned in the Warrants for calling their Meetings notwithstand- 
ing and no Person that hath already applyed to the Court of general 
Sessions of the Peace for the County of Worcester Shall by Virtue 
of this Resolve be barred from the recovery of any Damages they 
have Sustained by the Laying out any S'^ Roads. \^Passed Feb- 
ruary 12. 



CHAPTER 201. 

RESOLVE ESTABLISHING THE ROADS IN THE TOWN OF GRAFTON AS 
LAID OUT BY THE SELECTMEN THEREOF. 

A Petition of John Sherman Agent for the Town of Grafton Legislative 
Setting forth That from the first settlement of said Town it hath counctf xU'l^ 
been their practice when any thing was to be transacted at their 174. 
annual March Meetings relative to Highways to insert in their War- House Jour- 
rants for calling such Meeting, this general Clause only viz' to accept 2^',' 258".^^'^*'^' 
or discontinue Highways. Whereby a doubt hath arisen and they are 
liable to be thrown into great confusion if their proceedings in the 
matters aforesaid should be deemed illegal for want of a more par- 
ticular notification. And praying that the Roads and Highways laid 
out and Recorded in said Town may be confirmed the defect afore- 
mentioned in the Warrants notwithstanding. 

[Read and] 

Resolved that the prayer of this petition be so far granted, as 
that the Roads in the Town of Grafton laid out by the Selectmen 
and accepted by the said Town at their annual March Meetings be, 
and hereby are established to all intents and purposes, the defects 

* At the hearing, June 27, 1766, House Journal, p. 73, this petition was dismissed. 



98 



Province 'LAWs{Besolves,etc.). — 1765-00. [Chaps. 202-204.] 



mentioned in the Warrants for calling their Meetings notwithstand- 
ing. And no person that hath already applied to the Court of Gen- 
eral Sessions of the peace for the County of Worcester shall by Virtue 
of this Kesolve be barred from the Eecovery of any damages they 
have sustained by the laying out any said Roads. [Passed Feb- 
ruary 12. 



CHAPTEK 202. 

RESOLVE ALLOWING £2. 16 TO JN" PARTEET. 
Legislative Resolved That there be paid out of the public Treasury to Peter 

Records ot the ,^ „-,„ ■ i.TiT-»^i^io i«m i- 

Council, xxvi., Mumford for the use of John rarteet the bum ot Iwo pounds six- 

— '. teen shillings lawful money for the redemption of four of the new 

naTpp526V268. tcuor bills emitted by this Government. [Passed February IS. 



CHAPTER 203. 



ORDER IMPOWERING PH^ MIRICK TO BRING FORWARD AN ACTION. 



Legislative 
Records of the 
Council, xxvi., 

176. 

Legislative 
Records of the 
Council, xxvi., 
4-2, 57, 108, 143. 
House Jour- 
nal, pp. 229, 274, 
275. 



The Committee appointed the 29* of January on tlie petition 
of Phineas Mirick for a new Trial of an Action brought against 
him by Daniel Wood and John Wood, having made Report, the 
following Order passed thereon viz' 

Read and accepted : And 

Ordered that the petitioner Phineas Mirick be, and he hereby is 
impowered to bring his Action in the Law at the next Inferior Court 
to be held for the County of Hampshire against the said Daniel and 
John Wood for the recovery of ten Acres and a half of Land not 
included in the original Grant, And that the Justices of the said 
Court be, and hereby are impowered to hear and determine the 
same so far as relates to the title of the said ten Acres and a half 
of Land, and enter up judgment and award execution thereon. 
And that the Judgment of Court in said petition mentioned and 
the proceedings thereon shall be no Bar thereto. [Passed Feb- 
ruary IS. 



CHAPTER 204. 



RESOLVES ALLOWING SUNDRY AMOUNTS TO Y= COMMITTEE AT THE 
CONGRESS AT NEW YORK. 



Legislative 
Records of the 
Council, xxvi., 

178. Mass. 
Archives, iv., 
202. 

House Jour- 
nal, pp. 110, 157, 
163,254,277,278. 
4M<e, p.33, 
chap. 59. 



In the House of Representatives 

Resolv\l, That in Consideration as well of y® Expences, & Ser- 
vices, Ordinary, & Extraordinary, as of y® Loss Sustain'd by James 
Otis Esq'' in his Business, during his Attendance on the Congress 
held at New-York, That the s^ Ja' Otis Esq' be, & he is hereby dis- 
chargd, of the Sum of One hundred & fifty pounds, which he 
received out of y® Province Treasury being One third of y^ Sum 
voted by this House to be paid to their Com^ chosen to Attend s** 
Congress. 

Eesolv'd That in Consideration of the services & Expences of 
Oliuer Patridge Esq"" in his Attendance on y* Congres at New York 



[3d Sess.] Province Laws (Refiolves, etc.). — 1765-66. 90 

That the s'' Oliuer Patridge Esq' be, & he is hereby dischargd of 
y^ 811111 of One hundred & fifteen pounds Nine shilP & 9'' out of 
the One hundred & fifty pounds he rec'' out of y® Province Treas- 
ury for these purposes, and that he repay the remaining sum, ])eing 
Thirty four pounds Ten Shill" & 3^' into the Treasury 

Resolvd That in Consideration of y'' services & Expences of Brig 
Rugles during his Attendance on the Congress at New-York, That 
the s'' Brig Rugles, be, & he is hereby dischargd of y"' Sum of One 
hundred & two pounds six Shill^ & 8'' being part of One hundred 
& fifty pounds he rec'' out of y'' Treasury for these purposes; And 
that he repay the Bal^ remaing ' in his hands being forty Seuen 
pounds thirteen ShilP & 4'' into the Treasury 

In Council Read and Concurred. \^Passed February 13.'^ 



CHAPTEK 205. 

ORDER ADJOURNING COURTS IN BERKSHIRE COUNTY. 

Whereas the Court of General Sessions of the peace and Infe- Legislative 
rior Court of Common pleas by Law are to be holden at Pittsfield counc'if, xl v'l, 
in the County of Berkshire on the first Tuesday of March next: i79- 
And whereas the business that will probably be to be transacted at House Jour- 
said Court will not be very considerable nor the immediate dispatch province ' ' 
of it any way equal to the extraordinary difficulty and expence of ^ifap^o^'V'fee. 
attending the said Court there at so difficult a time of travelling as note, 
is then like to be: And whereas the ill state of health of some of 
the Justices of the said Courts may probably prevent their attend- 
ance at that time. Therefore 

Ordered that the said Courts of General Sessions of the peace 
and Inferior Court of Common pleas, which by Law are to be holden 
at said Pittsfield on the first Tuesday of March next be and hereby 
are adjourned to the last Tuesday of April next, then to be held at 
the Court House in Great Barrington in said County at ten of the 
Clock in the forenoon of said day: And all pleas. Writs, Actions, 
Suits, Complaints, processes, precepts. Recognizances and all other 
thing and things whatsoever returnable and having day or days in 
the said Courts, shall stand abide and continue unto the said Ad- 
journment, to the time and place last aforesaid, and be held deemed 
and adjudged to be as good, effectual and available in Law to all 
intents and purposes whatsoever, as if such Courts had been kept 
and held on the day and at the place aforesaid by Law appointed 
for holding the same, and no adjournment thereof had been made. 
\^Passed February 14. 



CHAPTER 206. 

ORDER ALLOWING £6 TO NATHi- MORTON, JR. 

A Petition of Thomas Foster Esq'' in behalf of the Town of Legislative 
Plymouth, Setting forth That one John Chambers, his Wife and council, xxvi., 
Child of about V2 years of age came into said Town, and put up ^ 

' Sic. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is February 14. 



100 Province Laws {Resolves, etc.). — 1765-66. [Ciiaps. 207, 208.] 

House Jour- at the House of Nath' Morton where the same evening the woman 
nai, pp.224,278. ^^^^ ^^ travel, and they not having wherewithal to help themselves 
the Selectmen took the care of them, as they were strangers, it 
appearing also that the man had a discharge from the Regular Ser- 
vice and was recommended as a wounded Man to the Hospital And 
praying that the said Town may be reimbursed the Sum of Six 
pounds expended on these strangers. 
Eead and 

Ordered that the Sum of Six pounds be allowed and paid out of 
the public Treasury to Thomas Foster Esq' for the use of Nath' 
Morton jun"' in full for his expence above mentioned. \^Fassed 
February 14. 



CHAPTER 207. 

ORDER IMPOWERING ROB^ SAUNDERS AND MEHETABLE, HIS WIFE, TO 
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

Riford"Jf%he ^ Petition of Eobert Saunders of Mendon & Mehettable his "Wife 
Council, xxvi., late relict of Daniel Beale of said Mendon deceased, setting forth, 

— '- That the said deceased left four Children between five & fifteen 

mii"pp!'2TM77, years of age; that there remains of the said deceaseds Estate a 
Province Housc and near 49 Acres of Land, out of which is to be paid a 

LuAVS, 11., 151, - -'--■' 



chap. 10."' ' Legacy of about £26.13 lawful money; that the said Estate is un- 
profitable to the Heirs, And praying that as she is sole Administra- 
trix of the deceaseds Estate, they may be impowered to sell the 
Estate above mentioned, they to be accountable. 
Eead and 

Ordered that the prayer of the petition be granted: and the Peti- 
tioners viz' Eobert and Mehettable Saunders be, and hereby are 
authorised & impowered to sell the said House and forty nine Acres 
of Land for the most it will sell for, and to make and Execute a 
good and sufficient deed or deeds thereof in Law, they observing 
the Eules of Law for the Sale of Eeal Estates by Exec" and Admin'% 
and giving sufficient caution to the Judge of Probate for the County 
of Worcester that the proceeds of said Sale shall be secured and 
improved for the benefit of the Heirs to said Estate, and the pay- 
ment of the Legacy. \^Passed February 14. 



CHAPTER 208. 

RESOLVE THAT THE PROVINCE TAX LAID ON THE TOWN OF GORHAM- 
TOWN IN 1764 BE REMITTED AND ADDED TO CERTAIN TOWNS IN THE 
COUNTY OF CUMBERLAND. 

Rlfords^ofthe ^ PETITION of Solomon Lombard of Gorham Setting forth 
Council, xxvi., That the Selectmen of said Town in May last presented a peti- 

-^-^ tion for remitting a Tax laid on them in the year 1764, the prayer 

Sii"pp/23oy28i. of which petition was so far only granted as to suspend the levying 

i^l^'\i^^' ' ^^^^ "^^^ '^^^^ -'■'^^^' "^^^'^^ ^^^® Inhabitants have suffered greatly by 

Fires Avhich makes the Tax very burdensome; besides which the 

Township was not incorporated when the said Tax Avas laid, and 

by the Laws and Constitution of this Government no new places 



[3d Sess.] Province ljx\vi>, {Resolves, etc.). — 1765-66. 101 

can be taxed in that they are not represented in this Assembly. 
And praying that for these and other reasons the said Tax may be 
wholly remitted. 

[Read and] 

Resolved that the Province Tax laid on Gorham Town in the 
County of Cumberland in the year 1764 being the Sum of Forty 
nine pounds, four shillings & 41/1''* be taken olf, and added to the 
next Province Tax on the Towns hereafter named within the same 
County in manner following viz' Falmouth £36.19.10% North Yar- 
mouth £6.9.4 Brunswick £5.15.2. [^Passed February 15. 



CHAPTER 209. 

ORDER GRANTING TO SAMUEL CALDWELL LICENCE TO SELL STRONG 

DRINK. 

A Petition of Samuel ' Caldwell of Taunton setting forth glf^^^jfg"^^,^ 
That he hath obtained the approbation of the Selectmen of said council, xxvi., 

Town as a proper person to be Licensed to sell Spirituous Liquors; ^— 

but that the term for granting Licenses in the County of Bristol QaT?f 28*6"^^' 
will not be 'till August next. And praying that the Court of Gen- 
eral Sessions of the peace for the said County may be impowered 
at their next term to grant him a License for the purpose aforesaid. 

[Read and] 

Ordered that the Justices of the Court of General Sessions of 
the peace for the County of Bristol at their next Sessions be, and 
hereby are authorised and impowered to grant the petitioner a 
License for retailing spirituous Liquors (if they see cause) he ob- 
taining the approbation of the Selectmen of the Town of Taunton 
for that purpose; the time for granting Licenses in said County 
being elapsed notwithstanding. \^Passed February 111 . 



CHAPTER 210. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF LINCOLN 

COUNTY. 

An Account of Samuel Denny Esq'' Treasurer for the County Legislative 
of Lincoln being presented for allowance, the following Order passed comfcif x'x^vf 
thereon viz' is3. 

Resolved that the above Account (being right cast and well House Jour, 
vouched) be allowed, and that the Treasurer be discharged of the °*^' ^' '^^' 
Sum of One hundred & fifty nine pounds, ten shillings and two 
pence % which he has paid by order of the Court of Sessions. And 
that there remains due from the County to the said Treasurer a 
balance of thirty five pounds, eighteen shillings and two pence % 
which the County are further accountable to said Treasurer for. 
[Passed February 17. 

^ The House Journal, p. 286, reads, " Robert." 



102 



Province 'LAW8(Iiesolves,etc.). — 1765-66. [Chaps. 211-213.] 



CHAPTER 211. 



ORDER ALLOWING £100 TO THE TOWN OF SCARBOROUGH. 



Legislative 
Records of the 
Council, xxvi., 
183. Mass. 
Archives, 
Ixxxvil., 110. 

Mass. 
Archives, 
IxxxvU., 109. 
House Jour- 
nal, pp. 224, 287. 



A Petition of a number of Inhabitants of the Town of Scar- 
borough Setting forth That they suffered greatly in their Estates 
by a Fire which laid the same waste on the 5^^ day of July 1T62 
whereby their Circumstances are rendred very deplorable And pray- 
ing Belief from the Government. 

Read and 

Ordered that the Sum of one hundred pounds be paid out of the 
publick Treasury into the hands of Samuel Jordan Solomon Lum- 
bard Esq" and Cap*^ Reuben Fogg to be by them distributed to the 
Sufferers in the Town of Scarborough by the late fire in proportion 
to their several Losses. & Necessities. [Passed February 18. 



CHAPTER 212. 



Legislative 
Records of the 
Council, xxvi., 
184. Mass. 
Archives, 
Ixxx., 605. 

House Jour- 
nal, p. 2S8. 



RESOLVE ALLOWING £200 TO THE COMMISSARY GEN'-. 

Resolved, That there be granted and allowed to be paid out of the 
publick Treasury to the honorable Thomas Hubbard, Esq' Commis- 
sary-General, the Sum of Two hundred pounds for one Year's Ser- 
vice, ending the eleventh Day of January last. [Passed February 18. 



CHAPTER 213. 



RESOLVE ALLOWING £26. 4 TO JN" COTTON. 



Legislative 
Records of the 
Council, xxvi., 
184. Mass. 
Archives, vi., 
323.» 

Mass. 

Archives, vl., 
323-326. House 
Journal, 
pp. 273,282, 290. 
Ante, p. 98, 
chap. 204. 



A Memorial of John Cotton Setting forth That at the desire 
of the Gentlemen appointed to attend the Congress at New York, 
he waited on them in the capacity of a Clerk, the duties of which 
he endeavoured faithfully to discharge to the best of his capacity. 
That his Expences during fifty days absence amounted to £37.16.3 
besides what he there received from the Commissioners of the other 
Governments. And praying an allowance for his Service, as well as 
a Reimbursment of his said Expences. 

Read and 

Resolved that the Sum of twenty Six pounds four Shillings be 
paid out of the publick Treasury to the within named John Cotton 
in full recompence for the proportion of this Province for his ex- 
pences and services as Clerk to the Committee of Congress held at 
New York by the Committees of the several Provinces on the Con- 
tinent. [Passed February 18. 



[3d Sess.] Province Laws {llesolves^ etc.). — 1765-66. 103 



CHAPTER 214. 

RESOLVE FOR THE TRANSFER OF APPROPRIATIONS. 

Resolved that the Sum of One thousand and fifty pounds be trans- Legislative 
f erred from the Appropriation of Forts and Garrisons to the Appro- councu'l xxvi!l 
priation for the pay of the Court. "^ 

Resolved also that the Sum of Fifteen hundred pounds be trans- House Jour- 
ferred from the Appropriation of Debts where there is no Establish- ?>rovi"nce ' 
ment to the Appropriation for Grants. [^Passed February 19. ch^\u\»''^^'' 



CHAPTER 215. 

ORDER ALLOWING £15 TO DUDSON KILCUP. 



A Petition of Dudson Kilcup praying an allowance for his Legislative 
Service in receiving the names of Solcliers who had been in the counc*if, xxv^^, 
several Expeditions to that of Louisbourgh in 1745 inclusive, agre- J^^- Mass. 
able to the Order of the House, and ranging them in alphabetical ixxx., 6U4. 

Order. Mass. 

Read and Archive^, 

Ordered that the Sum of fifteen pounds be allowed and paid out House Jour- 
of the publick Treasury to the Pet"^ in full for his Services with in 27^'^^' ' ' 
mentioned. [Passed February 19. 



CHAPTER 216. 

ORDER IMPOWERING REFERREES TO HEAR CONDITIONALLY THE PETI- 
TION OF NATRi- GOODWIN. 

The Committee appointed the 22'* January upon the petition Legislative 
of Nath' Goodwin, [ante, p. 30, chap. 49] having made Report, c^unctf xU^i^ 
the following Order passed thereon viz' ise. 

Read and accepted. And Legislative 

Ordered that the prayer of the petition of Nath* Goodwin be so counc'if.x*^^^ 



, XXVI. 



far granted, as that the Referrees mentioned in said Petition be im- ^' i^^- , House 

1,1 ,1 ,• ..1 /-M -i-» .111 . ■, Journal, pp.73, 

powered to hear the parties m the Cause. Provided they or either 211, 293, 294. 
of them bring forward a hearing thereof, so that the Referrees may ^hap! 49.^*^' 
report thereon to the next Inferior Court of Common pleas to be 
held at Plymouth in the County of Plymouth in April next. And 
the Justices of the said Court are in such Case hereby impowered 
to make up Judgment for such Sum as shall then be awarded by 
said Referrees together with the Interest, and to award Execution 
accordingly. And it is further 

Ordered, That in case the said parties nor either of them shall 
bring forward a hearing of the said Cause, then the Judgment 
already given therein, shall remain in full force and be executed 
accordingly. [Passed February 19. 



104 



Province Laws {Resolves, etc.) . — 1765-6(3. [Chaps. 217-219.] 



CHAPTER 217. 



Legislative 
Records of the 
Council, xxvi., 

187. 

House Jour- 
nal, pp. 255, 281, 
292. 



RESOLVE ALLOWING £100 TO ANDREW OLIVER, SECRETARY. 

Resolved that the Sum of One hundred pounds be allowed and 
paid out of the public Treasury to the Hon"" Andrew Oliver Esq' 
to enable him to pay such person or persons as he has employed to 
assist him the year past in his office ending the 6*'' of December 
last. \^Passed February 19. 



Legislative 
Records of the 
Council, xxtI., 

187. Mass. 
Archives, lix., 
509. 

House Jour- 
nal, p. 293. 



CHAPTER 218. 



RESOLVE APPOINTING A COMITTEE TO SELL Y^ MANUFACTORY HOUSE. 

In the House of Eepresentatives. 

Resolved that M' Dexter and Cap' Sheaffe be appointed to Join 
with a Committee of the Honb''''' Board to make Sale of the House 
commonly called the Manufactory House, with the Land thereto 
belonging, and that the same be sold at public Auction to the 
highest Bidder That the Time of Sale be advertized in Three of 
the Boston News Papers, three Weeks successively That it be a 
Direction to the Committee not to set up the Premisses at a less 
Sum than Fifteen Hundred Pounds and that the said Committee 
be impowered to give a good and sufficient Deed or Deeds of said 
House and Land to the Person or Persons who shall purchase the 
same, he or they first paying the Money therefor, or giving good 
Security for the Sum, to be paid in One Year, with lawful Inter- 
est And in case no Purchaser should appear said Committee to 
make some needful Repairs in the Roof of said House ; and agree 
with the Persons who now occupy the same, or others who may 
incline to hire it, relative to the Rent. Said Committee to make 
Report next May Session. 
In Council 

Read and Concurred & Tho' Hubbard Esq' is joined in the Affair. 
\^Passed February 19. 



CHAPTER 219. 



ORDER ALLOWING £183 TO HARRISON GRAY, TREASURER. 

Rllordsof^he ^ MEMORIAL of Harrlson Gray Esq' Treasurer and Receiver Gen- 
councii, xxvi., eral of the Province praying an allowance for his extraordinary 

— Service the year past, in borrowing £131,063 in paying £11,912.1.4. 

na°i?ppS294, Interest due on Government Securities, in drawing Bills on the 
295." ■ "' ' Agent to the amount of £48,000 Sterling, in paying the Bounty 
on 34,459 bushels of Wheat, and in entertaining the Guards set on 
the Treasury for twelve nights that they watched the same none 
of which Services or Expences are, as he apprehends necessarily 
connected with the duty of his Office. 

Ordered that the Sum of One hundred and eighty three pounds 



[3i) 8p:ss.] Province Laws {Resolves, etc.). — 17(55-66. 105 

be granted luid paid out of the public Treasury to the Petitioner 
in full for his extraordinary Services within mentioned. \_Fassed 
February 20. 



CHAPTER 220. 

ORDER IMPOWERING TOBIAS DAVIS AND WILLIAM MUGFORD TO BRING 
FORWARD A WRIT OF REVIEW. 

A Petition of Tobias Davis and Will'" Mugford of Salem Set- Legislative 
ting forth That at the last Inferior Court for the County of Essex councif, xx\i^, 

one Roger Peele commenced an Action against them on a bottomry ^^' ^^^- 

Bond, and that they making default, Judgment went against them; ^^T^** '^2^^'^-'-8 
but there hapned to be a mistake therein of £'12.2.1 more than was 279,' 296. 
equitably due to him; that said Eoger hath had notice of the mis- 
take in writing from his attorney, but refuses to rectify it. And 
praying that they may have a trial upon the merits of the Cause 
at the next Inferior Court for the said County of Essex. 
Read, and no Answer being made thereto, Thereupon 
Ordered that the prayer of the Petition be so far granted, as that 
the said Tobias and William be, and hereby are impowered to bring 
a Writ of Review of the Action aforesaid at the next Inferior Court 
of Common pleas to be holden at Ipswich in and for the County of 
Essex on the last Tuesday of March next: and that the Justices of 
said Court be, and hereby are impowered to hear the Cause upon 
said Writ of Review, enter up Judgment and award Execution 
thereon, to all intents and purposes whatsoever, as fully as they 
did or might have done upon the Writ brought by Roger Peele the 
original plaintiff at the Inferior Court of Common pleas holden at 
Newbury for the County aforesaid, the default made thereupon not- 
withstanding. \_Passed February 20. 



CHAPTEE 221. 

RESOLVE DESIRING THE GOVERNOR TO WRITE TO THE GOVERNOR Legislative 
OF CANADA IN REGARD TO FRENCH ACADIANS AND ALLOWING £20 Records of the 
FOR EXPENSE OF SENDING CERTAIN ONES THERE. m Mas^^^'"' 

Archives, 

Resolved That His Excellency the Gov' be Desired to write to the '''^'^'' 

Gov"" of Canada to acquaint him of the Desire of the French Acca- Rlfords^of the 
dians in this Province to go thither and to know of him whither Sf^Pg'^^l'gf-'^^'-' 
he is willing to Receive them as Settlers in that Government & that House Joiir- 
the Sum of Twenty pounds be allowed out of the publick Treasury proviiice'' 
to Enable the Gov'' to send two of the S*^ French People for the ^i^'^cha'^^k? 
Purpose afore Said. \^Passed February 20. ,c ap. 



106 



Province Laws {Resolves^ etc.). — 1765-66. [Chaps. 'I'l'I, 223.] 



CHAPTEK 222. 



Legislative 
Records of the 
Council, xxvi., 
189. Mass. 
Archives, v., 
•252. 

Mass. 

Archives, v., 
250. Legisla- 
tive Records of 
the Council, 
xxvl., 186. 
House Jour- 
nal, pp. 297, 298. 
Ante, p. 64, 
chap. 121. 



RESOLVE APPOINTING A COMMITTEE TO RUN A LINE BETWEEN THE 
PROVINCE OF MAINE AND THE PROVINCE OF NEW HAMPSHIRE. 

The Committee appointed yesterday on the Petition of Cap*- 
Henry Young Brown [Legislative Records of the Council, xxvi., 
18G], the following Order passed thereon viz' 
In the House of Repres''" 

Resolved, That Capt° Gowen & M' Sayward with Such as the 
Honorable Board Shall Join be a Committee on the Part of 

this Government to run out the Line between the Province of Main 
and the Province of New-Hampshire; Begining on Newichwannuck, 
or Salmon Fall River so called, where the Committee of this Prov- 
ince in the Year 1763 ended their Survey; and runing thence to the 
furthest Head thereof; and thence North two Degrees West, allow- 
ing seven Degrees and an half Variation, and no more ; extending 
the said Line into the Country until one Hundred and twenty Miles 
are compleated from the Entrance of Piscataqna River; that the 
said Committee be at Berwick in the County of York on the Second 
Tues Day of March next; and proceed thence immediately to run 
the said Line; joining with any Committee that may be appointed 
by the Province of New-Hampshire, for the Purpose aforesaid; and 
if no such Committee should be appointed by the said Province 
of New-Hampshire to proceed notwithstanding: and that they make 
Return of their Doings to this Court as soon as may be And that 
his Excellency the Governor be desired to write once more to the 
Governor of New-Hampshire to appoint or to move to move ' it to 
the Assembly of that Province to appoint a Committee to join with 
those appointed by this Province to run the Line aforesaid 

In Council. Read & Concurred and John Bradbury Esqr is joined 
in the Affair. \^Passed February 20. 



CHAPTER 223. 



ORDER IMPOWERING THE GUARDIANS OF THE PUNCAPAUG OR STOUGH- 
TON INDIANS TO CONFIRM BY DEED SEVENTEEN ACRES OF LAND 
TO ENOCH LYON. 



Legislative 
Records of the 
Council, xxvi., 
190. Mass. 
Archives, 
xlvi., 501. 

Mass. 
Archives, 
xlvi., 499. 
House Jour- 
nal, pp. 296, 297. 
Province 
Laws, X., 518, 
chap. 244. 



A Petition of Enoch Lyon of Stoughton Setting forth That 
sundry persons held Lands at Punkapog an Indian plantation now 
Stoughton, by Leases from the Indian proprietors, and that the 
General Court in the year 1724 appointed a Committee to receive 
of the Lessees for the use of the Indian proprietors a valuable con- 
sideration for the said Lands, and that said Committee were there- 
upon impowered to convey the title of the said Indian proprietors 
to the English Tenants or Lessees. That the petitioners Father 
being then in possession of Seventeen Acres of Land originally 
Leased to one David Fames agreed to pay the Sum of Eight pounds 
to the tise aforesaid, as a consideration for the purchase of said 
Seventeen Acres, and accordingly paid the said Sum, and died 
Seized of the said Land, which was Settled upon the Petitioner, 

1 Sic. 



[3i> Sess.] Pkovince Laws (liesolvcs, etc.). — 17()5-()(). 107 

bounded now as follows viz' Westerly on Land of Deacon Stephen 
Badlani's Heirs, Nortliwardly on George Talbut's Land, Eastwardly 
on M'' Whitley's Land of Boston, and Southwardly on tiie peti- 
tioners Land; but that none of the said English Lessees have as 
yet been confirmed in their Titles. And praying that his Case may 
be considered, and his title confirmed. 

In Council read & concurred, & 

Ordered that the Prayer of the Petition be so far granted as y' 
the Guardeans of the Punkapoag or Stoughton Indians are hereby 
authorised & impowred by Deed to confirm s*^ seventeen acres of 
land to Him the s** Enoch & His Heirs 
In the House of Rep"''' 

Read and concurd. \^Passed February 20. 



CHAPTER 224. 

ORDER ALLOWING 30/ TO JOHN BROWN, JR. Legislative 

Records of the 
Council, xxvi., 

Ordered that the Sum of Thirty shillings be paid out of the ^^ 

Treasury to Cap' John Brown for the use of his Son John Brown House Jour- 
jun"" for his Service in going Express to Brig''"' Ruggles to direct 29(5.'''" '' ' 
his attendance in the House, \^Passed February 20. 



CHAPTER 225. 

RESOLVE ALLOWING £1. 12. 5 TO SAM'- SAYER. Lejrislatlve 

Records of the 
Council, xxvi., 

Resolued That there be paid out of the Publick Treasury to ii»o- Mass. 
Joseph Sayer Esq"" for the use of Samuel Sayer The Sum of one 374. 
pound Twelue Shillings and fine pence Lawfull Money For the House Jour- 
Redemption of a Number of New Tenor Bills Emitted by this nai, p.-299. 
Goverment. \^Passed February 20. 



CHAPTER 226. 

RESOLVE ALLOWING £25 TO CAP^ H. YOUNG BROWN. 

Cap'' Henry Young Brown having laid before the Court an Legislative 
Account of the Expence he had been at to procure Advice and councu^xxvi^ 
relief with respect to the Township granted him by this Govern- i»i- 
ment, now claimed by New Hampshire, the following Order passed House Jour- 
thereon viz' l^^t^^C' 

Resolved That the Sum of Twenty five pounds be paid out of the chap. 2-22. 
public Treasury to the Accomptant as a full recompence for his 
Expences abovementioned. {^Passed February 21. 



108 



Province Laws {Resolves^ etc.). — 1765-66. [Chap. 227.] 



CHAPTEK 227. 



Legislative 
Records of tlie 
Council, xxvi., 
192. 

Legislative 
Records of the 
Couucil, xxvi., 
124, 147 bis. 
House Jour- 
nal, p. 301. 
Province 
Laws, iv., 777, 
chap. 35; 803, 
chap. 2; 883, 
chap. 5; 925, 
note. 



ORDER MAKING PROVISION IN REGARD TO PROCEEDINGS ON THE 

BANKRUPT ACT. 

Whereas a Bill has passed the two Houses, and now lies before 
his Excellency for consideration, intituled "An Act for repealing 
two Acts, one intituled An Act for preventing fraud in Debtors 
and for securing the Effects of Insolvent Debtors for the benefit 
of their Creditors : The other Act intituled An Act in addition to 
an Act for preventing fraud in Debtors, and for securing the Effects 
of Insolvent Debtors for the benefit of their Creditors: both made 
in the fifth year of his present Majesty's Reign." 

Ordered that the Justices of the Superior Court of Judicature 
&c be, and hereby are directed to issue no Warrants for attaching 
the Effects of absconding or concealed Debtors, until after the end 
of the present Session of the General Court, saving to those who 
had before this time legally applied for s^ Warrants, and had a right 
to the benefit of said Acts. {Passed February 21. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed \j66-6'j. 



[109] 



LEGISLATIVE LIST^ 



\^66-6^. 



His Excellency FRANCIS BERNARD, 

Captain-General and Governor-in-chief, etc. 

ANDREW OLIVER, Esq., 

SECRETARY OF THE PROVINCE. 



COUNCILLORS OR ASSISTANTS.' 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusetts Bay ; 

Samuel Danforth 



Isaac Royall 
John Erving 
William Brattle 
James Bowdoin 
Thomas Hubbard 
Israel Williams 
Harrison Gray 
James Russell 



Thomas Flucker 
Nathaniel Ropes 
Timothy Paine 
Royall Tyler 
.EsQRS. Andrew Belcher 

John Chandler 
Joseph Gerrish 
James Pitts 
Thomas Saunders 



'ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of New Plymouth; 

Gamaliel Bradford ) Samuel White 

James Otis I ^ ' Jerathmeel Bowers 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands withifi the Territory formerly 
called the Province of Maine j 

John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs. 

Of the Lihabitatits of or Proprietors of Lands toithin the Territory lyiiig 
between the River of Sagadehoc S Nova Scotia ; 

Jeremiah Powell, Esq. 

1 See Legislative Records of the Council, xxvi., 196-201. 

^ Joseph Gerrish and Thomas Saunders of Massachusetts Bay, James Otis and Jerathmeel Bowers of 
New Plymouth, Nathaniel Sparhawk of the Province of Maine and Samuel Dexter of the Province at 
large, who were elected by the House of Representatives, were rejected by the Governor. 

[Ill] 



112 Province IjxyfB, {Resolves, etc.). — lim-i^l. [Representatives.] 

For the Province, at large : — 
Benjamin Lincoln & Samuel Dexter, Esqrs. 



KEPEESENTATIVES OR DEPUTIES. 
May 28, 1766 to March 20, 1767. 
Mr. THOMAS GUSHING, Speaker. 



County of Suffolk. 

Boston,^ . . . James Otis, Esq., 

Thomas Cushing, Esq., 
Mr. Samuel Adams, 
John Hancock, Esq. 

Roxbury, . . Thomas Dudley, Esq. 

Dorchester, . . Mr. Samuel Howe. 

Milton, . . . Mr. Jazaniah Tucker. 

Braintree, . . Ebenezer Thayer, Esq. 

Weymouth, . . James Humphrej', Esq. 

Hingham, . . Mr. Joshua Hersey. 

Dedham. . . Samuel Dexter, Esq. 

Medjiekl, . . Mr. Samuel ^Morse. 

Stoughton, . . Mr. Hezekiah (ia}'. 

Medway, . . Capt. Jonathan Adams. 

Wrentham, . . Mr. Jabez Fisher. 

Needham, . . Mr. Amos Fuller. 

Chelsea, . . Mr. Thomas Pratt. 

County of Essex. 
Salem, . . . William Brown, Esq., 

Andrew Oliver, Esq. 
Ipswich, . . Capt. Michael Farley. 
Newbury, . . Joseph (xcrrish. 
Newburyport, . Benjamin Greenleaf, Esq. 
Marblehead, . Jacob Fowle, Esq., 

William Bourne, Esq. 
Lynn, . . . Mr. Ebenezer Burrill. 
Andover, . . Samuel Phillips, Esq. 
Beverly, . . Capt. Henry Hemck. 
Rowley, . . . Humphrey Hopson, Esq. 
Salisbziry, . . Caleb Cushing, Esq. 
Haverhill, . . Richard Saltonstall, Esq. 
Olocester, . . Thomas Saunders, Jr., 
Esq., 

Nathaniel Allen, Esq. 
Boxford, . . Aaron Wood, Esq. 
Ahnsbiiry, . . Jonathan Bagley, Esq. 
Danvers, . . Daniel Epes. Esq. 
Topsfield, . . Capt. Samuel Smith. 

' This is followed in the House Journal, p. 



County 

Cambridge, 
Charlestown, 
Woburn, . 
Reading, . 
Newtown, . 
Marlborough, 
Watertown, 
Orolon, 
Shirley & 
Pepperrell, 
Billerica, . 
Framingham, 



Lexington, 
Weston, 
Chelmsford, 
Maiden, 

Medford, . 
Sudbury, . 
Waltham, . 
Lincoln, 
Westford, . 
Stow, . 
Sherburne, 
Littleton, . 



OF Middlesex. 
Andrew Bordman, Esq. 
Capt. Edward Sheaffe. 
Josiah Johnson, Esq.' 
Mr. John Temple. 
Capt. Abraham Fuller. 
Mr. Samuel Witt. 
Mr. Daniel Whitney. 

Col. James Prescott. 

William Stickney, Esq. 
Joseph Buckmiiister, 

Esq. 
William Reed, Esq. 
Mr. Abraham Bigelow. 
Sampson Stoddard, Esq. 
Capt. Ebenezer Harn- 

den. 
Stephen Hall, Esq. 
John Noyes, Esq. 
l\Ir. Jonas Dix. 
Mr. Samuel Farrar. 
Capt. Jonas Prescott. 
Henry Gardner, Esq. 
Mr. Jonathan Russell. 
Capt. Joseph Harwood. 



Wilbraham, 
Northampto7i & 
Southampton, 
Hatfield, . 
Westfield, . 
Deerfield & 
Oreenficld, 
Brimfield, . 
Hadley, 
Sunderland, . 



County of Hampsiiiue. 

Springfield <6 . ) John A^'orthingtou, Esq. 
S Josiah Dwight, Esq. 

> Joseph Hawley, Esq. 

. Oliver Partridge, Esq. 
. Eldad Taylor, Esq. 

[ Elijah Williams, Esq. 



Mr. Timothy Daniel son. 
Mr. Enos Nash. 
Mr. Fellows Billing. 



4, by " Concord, Charles Prescott, Esq." 



[Representatives.] Province h aws {Besolves, etc.). — 176(M)7. 113 



Worcester, . 
Lancaster, . 
Brookfield, 
Sutton, . 
Rutland & 
Rutland Dis- 
trict, 

Westborough, . 
Southborough, 
Hard wick, . 

Shrewsbury, . 
Sturbridge, 
Bolton, . 
Oxford & 
Charlton, 
Leicester, Sjien- 
cer & Paxton, 
Mendon, 
Harvard, . 
Lunenhurgh & 
Fitchburgh, 
Orafton, 
Uxbridge, . 



County ok \Vokci':stek. 

. Ciipt. Ephraim Doolittle. 
. Capt. Asa Wlietcomlj. 
. Jedediah Foster, Esq. 
. Capt. Henry King. 



County of Baunstaulp: — Concluded. 

Yarmouth, . . . Mr. David Thacher. 
Falmouth, . . . It(nvland Robinson, 
Esq. 

County op Bristol. 

Taunton, . . . Mr. Joseph Tisdale. 
Rehoboth, . . . Capt. James Clay. 
Swansey, . . . Jeratlimeel Bowers, Esq. 
Dighton, . . . Ezra Richmond, Esq. 
Dartmouth, . . Mr. Walter Spooner. 
Norton, . . . George Leonard, Jr., 

Esq. 
Attleborough, . Mr. Ebenezer Lane. 
Freetown, . . Mr. Thomas Durfee. 

County of York. 
York, .... Jonathan Say ward, Esq. 
Kittery, . . . James Gowen, Esq. 
Wells, .... John Wheelwright, Esq. 
Berwick, . . . Benjamin Chadburn, 

Esq. 
Arundel, . . . Thomas Perkins, Esq. 
Bideford, . . . Jeremiah Hill, Esq. 

Dukes County. 

Edgarton, . . John Norton, Esq. 
Tisbury, . . . James Athearn, Esq. 
Chilmark, . . Mr. Jeremiah Mayhew. 

In the County of Nantucket. 

Sherburne, . . Mr. Stephen Hussey. 

County of Cumberland. 

^ Ti,. , ,, ^ Jedediah Prebble, Esq. 
Cape Elizabeth, ) 

Scarborough, . Mr. John Stuart. 

North Yarynouth, Jeremiah Powell, Esq. 

County of Berkshire.' 

Tyringham, . . John Chadwick, Esq. 

Sheffield, Great n 

Barrington & >Mr. Ebenezer Smith. 

Egremont, ) 

* The House Journal, p. 225, gives William "Williams chosen Representative for the town of Pitts- 
field, January 29, 1767. 



John Murray, Esq. 

Mr. Jonathan Bond. 

Ezra Taylor, Esq. 

Hon. Timothy Ruggles, 

Esq. 
. Artemas W^ard, Esq. 
. Moses Marcy, Esq. 

John Whitcomb, Esq. 

Josiah Wolcot, Esq. 

Capt. John Brown. 

Mr. Joseph Dorr, Jr. 
Capt. Israel Taylor. 

Edward Hartwell, Esq. 

Mr. Ephraim Sherman. 
Capt. Ezekiel Wood. 



County of Ply^mouth. 



Plymouth, . 
Scituate, 
Marshjield, 
Bridgwater, 
Middleboro\ 
Rochester, . 
Plymj)to7i, . 
Pembroke, . 
Abington, . 



James Warren, Esq. 
Mrc Gideon Vinall. 
Mr. Anthony Thomas. 
Josiah Edson, Esq. 
Capt. Ebenezer Sprout. 
Mr. Elisha Barrow. 
Capt. John Bradford. 
Mr. John Turner. 
Capt. Woodbridge 

Brown. 
William Sever, Esq. 



Kingston, . 

County op Barnstable 



Barnstable, 
Sandwich, . 
Eastham & 
Wellfleet, 
Harwich, . 



Nymphas Marston, Esq. 
Mr. Stephen Nye. 

Jonathan Doane, Esq. 

Chillingworth Foster, 
Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-eighth Day of May, A.D. 1766. 



CHAPTER 1. 

ORDER IMPOWERING THE JUSTICES OF THE SUPERIOR COURT FOR 
ESSEX TO AFFIRM A JUDGMENT. 

A Petition of Joseph Eaton of Lynn, Praying leave to enter a Legislative 
Complaint at the next Superior Court at Ipswich for affirming a councif xx^^^! 
Judgment obtained against Joseph Woodman 220. 

Read and Legislative 

Ordered^ That the prayer of this Petition be granted, and that councif, xxvl, 
upon the Petitioners entring his Complaint at the Superior Court j^o^j^J^ifp 39 
to be holden at Ipswich for the County of Essex on the third Tues- 4o. 
day of June current; the Justices of said Court be, and they are 
hereby Authorised to affirm the Judgment mentioned in said Peti- 
tion with additional Costs, and to grant Execution thereon accord- 
ingly. \^Passed June 4. 



CHAPTER 2. 

ORDER ALLOWING A COPY OF THE PROVINCE LAW BOOKS TO THE Legislative 

NEW TOWNS AND DISTRICTS. Records of the 

Council, XXVI., 
223. Mass. 

Ordered that the Several New Towns & Districts in the province ^fj^'^slf' 
which are Incorporated which have not been furnished with a Set = — ' — 
of the province Laws have the Same Allowed them at the publick nai, p. 50. 
expence. \^Passed June 6. 



CHAPTER 3. 



ORDER IMPOWERING THOMAS CARTER, THOMAS GOWING, AND DAVID 
WILDER TO PAY TAXES TO THE SECOND PARISH IN LEOMINSTER. 

A Petition of Jonathan White and others Inhabitants of the Legislative 
second parish in Leominster Setting forth That this Court have councf f xx v*!! 
been pleased to set off a number of the Inhabitants of the said 1^^1.223.' 

[115] 



116 



Province Laws {Besolves, etc.). — 1766-67. [Chap. 4.] 



Legislative 
Records of tlie 
Council, xxvi., 
212. House 
Journal, pp. 34, 
52. Ante, 
p. 70, chap. 
134. 



second parish, and annex them to the first parish in said Town, 
without causing them to be notified, that so they might have shewn 
cause why the prayer of the petitioners should not have been granted. 
That they apprehend this was done in consequence of some misin- 
formation contained in their Petition. And praying for Kelief. 

Eead And 

Ordered That Thomas Carter, Thomas Gowing and David Wilder 
with the Lands and Estates they possess and improve, which before 
they purchased paid to the said second parish, still continue to pay 
Taxes to s** second Parish, that they belong to said second parish 
together with the heads that live on the Estates aforesaid ; and that 
all the Lands that were at the Incorporation of said second parish 
part thereof, do as truly belong to said second Parish now, tho' 
sold to persons living in the first parish, and they are hereby ordiered 
to pay Taxes there as much as if they had not been sold but were 
still in the possession of those original Petitioners for said second 
Parish. \^Passed June 6. 



CHAPTER 4. 



Legislative 
Records of the 
Council, xxvi., 
223. Mass. 
Archives, xix., 
748. 

Mass. 

Archives, xix., 
747. House 
Journal, pp. 35, 
50, 51. Prov- 
ince Laws, 
ii., 151, chap. 10. 



RESOLVE IMPOWERING LYDIA AVARE, EXECUTRIX, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Lydia Ware, AVidow, Executrix of the last Will 
of William Ware late of Dighton Physician dec*^ Setting forth That 
the said deceased's personal Estate being insufficient to pay his just 
Debts, She made application to the Superior Court for leave to sell 
of her Testators Eeal Estate to the value of £376, and that having 
obtained such leave she hath already sold fifty Acres of Land amount- 
ing to £236.15. That large Debts have since appeared, which can 
be discharged no otherAvise than by the Sale of a further part of 
the Eeal Estate, That there still remains forty five Acres of Land 
with a Dwelling House thereon, and that to sell a part of the 
remainder only, would sink the value of what is left. And praying 
leave to sell the whole of what remains; She to be accountable, 

[Eead and] 

Resolved that the Prayer of this Petition be Granted and that 
the Petitioner be, and hereby is impowered to make Sale of the 
Premisses for the most they will fetch and to make and Execute a 
good Deed or Deeds thereof in the Law She observing the Direc- 
tions of the Law for the Sale of Eeal Estates by Executors and 
administrators, and giving proper Caution to the Judge of Probates 
for the County of Bristol that the proceeds ariseing by Such Sale 
be applied for the payment of the Deceaseds Debts and the over- 
plus (if any be) to be Secured & Improved for the Benifit of the 
Heir, [Passed June 6. 



[1st Sess.] Pkovixce Laws (A'e.so/ye.s, e^c). — 176()-67. 117 



CHAPTER 5. 

ORDER WITH STAY OF EXECUTION IMPOWERING CADWALLADER FORD 
TO liiUNG FORWARD A WRIT OF REVIEW. 

A Petition" of Cadwallader Ford of Wilmington praying liberty Legislative 
to review an Action he had against Joshua Farnham of Woolwich, coum'if xx*^^ 

Read and so far accepted as that the petitioner have liberty to 2-20, 2-24 ' 
bring forward his Writ of Eeview of the same Cause at the Supe- House Jour 



ior Court of Judicature &c next to be liolden at Falmouth in the ^ue,^p'. 
County of Cumberland; and that the Judges of the said Court be, chap. 151. 
and they hereby are authorised and impowered to hear and try the 
said Cause, make up Judgment and award Execution thereon ac- 
cordingly. And the Execution on the former Judgment is hereby 
stayed in the meantime. [Passed June 6. 



46, 06. 
77, 



CHAPTER 6. 

ORDER IMPOWERING JOHN ROWE, ADM^, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Rowe Esq"' Adtnin'^ of the Estate of Isaac Lepieiative 
Thomas late of Hard wick deceased Setting forth That the said Records of the 
Isaac died Insolvent; and as the Superior Court will not sit in the '224. ' ^ "* 
County of Worcester 'till September next he cannot make Sale of House .lour- 
the deceaseds Estate for the payment of Debts sooner, without the pr^(;v^ince 
aid of this Court. And praying the aid thereof accordinsrlv. Laws, »., 151, 

Read and ^^ ^'^^p- ^«- 

Ordered, That the prayer of this Petition be granted, and that 
the Petitioner in his capacity be and hereby is impowered to make 
Sale of the whole of the Real Estate of the said Isaac Thomas de- 
ceased for the payment of his Debts, and to make and Execute a 
good Deed or deeds thereof in the Law to the purchaser or pur- 
chasers; He Observing the directions in the Law respecting the Sale 
of Real Estates by Executors & Admin" and giving caution to the 
Judge of Probate for the County of Worcester to account for & 
apply the proceeds for the jsayment of said Debts accordingly. 
[Passed June 6. 



CHAPTER 7. 



RESOLVE IMPOWERING LYDIA NEGUS, ADM^, TO SELL HER INTEREST 
IN AN ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 

A Petition of Lydia Negus of Dartmouth Admin^ of the Estate Legislative 
of Jonathan Negus late of said Dartmouth dec'^ Setting forth That counc'if x*i^f 
her said Husband's Estate being insolvent. She upon her Petition 229':'°°^ ' ^^''^'' 
to the Superior Court obtained leave to make Sale of his Real Estate House Jour, 
being only one half Acre of Land, her thirds therein excepted; And ProviSc?'^' 



118 



Province \jxvf^ {Resolves, etc.). — 1766-67. [Chap. 8.] 



Laws, ii., 151, 
chap. 10; xvii, 
583, chap. 164. 



praying that she may be impowered to make Sale of her thirds also 
in the said Estate for the payment of the said deceaseds just debts. 

[Eead and] 

Resolved, That the prayer of this Petition be granted ; and that 
the Petitioner in her said Capacity be, and hereby is impowered to 
make Sale of her thirds as mentioned in this Petition, and to make 
and Execute a good deed in Law of the same; She observing the 
Eules and directions in the Law for the Sale of Real Estate by 
Exec" and Admin" and the proceeds arising by such Sale be applied 
for the payment of the deceaseds debts as mentioned in this Peti- 
tion. \_Passed June 6. 



CHAPTER 8. 



RESOLVE CONFIRMING 500 ACRES OF LAND TO THE HEIRS OF JASHUR 

WYMAN. 



Legislative 
Records of the 
Council, xxvi., 
230. 

Legislative 
Records of the 
Council, xxvi., 
193. House 
Journal, pp. 51, 
52. Province 
Laws, XV., 99, 
chap. 232. 



A Petition of Jonathan White & Philip Goodridge attorneys to 
the Heirs of Jashur Wyman late of Townshend deceased preferred 
to the General Court in February last Setting forth That in the 
year 1754 the said Court made a Grant of 500 Acres of Land to 
the said Jashur, a plan Avhereof was to have been returned in twelve 
months; but that he dying the said Land was never laid out 'till 
now: And praying that the same may be confirmed agreable to a 
Plan now exhibited. Whereupon the following Order then passed 
the two Houses viz' 

Resolved that the prayer of this Petition be granted, and that 
the Plan of five hundred Acres of Land delineated and described 
as follows, beginning at the Southeast corner of Charlemont and 
running on Deerfield West Line S" 14° West One hundred and sixty 
two perch to a stake, then West 10° North five hundred forty five 
perch to a stake, then North east to Charlemont Line One hundred 
and eighty four perch, and then East 19° S° four hundred & fifty 
perch on Charlemont Line to where it first began: herewith pre- 
sented for allowance to satisfy a Grant of five hundred Acres of 
Land made by this Court to Jashur Wyman late of Townshend in 
the County of Middlesex deceased AD 1754 be accepted and hereby 
is Confirmed unto the Heirs & legal Representatives of the said 
Jashur Wyman, their Heirs and Assigns forever. Provided that it 
doth not exceed the quantity of five hundred Acres, nor interfere 
with any former Grant. 

The Confirmation of this Grant being not then compleated the 
following Order now passed the General Court viz* 

Resolved that the Petition be revived, and the foregoing Resolve 
be confirmed. [Passed June 6. 



[IsT Sess.] Province Ijaws (jResolves^ etc.) . — 1766-67. 119 



CHAPTER 9. 

RESOLVE IMPOWERING JOSEPH PORTER, ADM", TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Joseph Porter Admin'' of the Estate of Sam' Rider Legislative 
late of middleborough deceased Setting forth That the said de- c^S^c'l f, xx v*!?, 

ceaseds personal Estate is insufficient to pay his just debts, which ^ 

amount to £31.10.8 more than his personal Estate And praying that House Jour- 
he may be impowered to sell so much of the said deceaseds Real 54. ' Province 
Estate as will discharge the said debts, and contingent Charges. Ih^^.'io.'^^^' 

[Read and] 

Resolved That the prayer of this Petition be granted : And that 
the Petitioner be & hereby is impowered to make Sale of so much 
of the deceaseds Real Estate, where it can best be spared, as shall 
amount to the value of Thirty five pounds for the payment of his 
Debts, and the charges of the Sale, and to make and execute a good 
deed or deeds thereof in the Law; He Observing the directions of 
the Law for the Sale of Real Estates by Executors and Adminis- 
trators and giving proper caution to the Judge of Probate for the 
County of Plymouth, that the proceeds arising by such Sale be 
applied to the purposes aforesaid, and the Overplus, if any there 
be, to be secured for the benefit of the Heirs. [Passed June 6. 



CHAPTER 10. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREAS^ OF WORCESTER 

COUNTY. 

An Account of John Chandler Esq'' Treasurer for the County Legislative 
of Worcester being laid before the Court for their allowance, the coundfxxv'r 
following Order passed thereon viz' 231. 

Resolved That the within Account, being right cast and well House Jour- 
vouched be accepted; and that the Treasurer be discharged of the ^^i> pp- i*« 37, 
Sum of One hundred & ninety five pounds, fourteen shillings y^^ 
exclusive of the Sum Twenty two pounds, fourteen shillings and 
two pence set on the Town of Woodstock in the year 1765, which 
he has paid by order of the Court of Sessions: and that a balance -^ 
of the Sum of Two hundred forty two pounds, one shilling, one 
penny % still remaining due to the County, he be further account- 
able for and also for the Tax set on the Town of Woodstock when 
received. [Passed JuneQ. 



CHAPTER 11. 

RESOLVE CONFIRMING A PLAN OF 1,080 ACRES OF LAND TO STORY 
DAWES AND PETER ROBERTS. 

A Plan of One thousand and eighty Acres of Land laid out in Legislative 
satisfaction of a Grant made by the Great and General Court to councif xx v^if 
Mess'^ Story Dawes and Peter Roberts Heirs of John White late 231. 



120 



Frovince Laws (Hesolves, etc.). — 1766-67. [Chaps. 12,13.] 



House Jour- 
nal, pp. 49, 53. 
Ante, p. 46, 
chap. 88. 



of Boston deceased June 34"' 1765 bounding East on Township 
N" 7 South on N° 4 partly, and partly on Is" 5 Townships, West 
and North on unappropriated Lands having been presented to the 
Court for allowance, the following Order passed thereon viz' 

Resolved That the within plan of One thousand and eighty Acres 
of Land be accepted: and hereby is confirmed unto Story Dawes 
and Peter Eoberts the Heirs of John White deceased, their Heirs 
and Assigns forever. Provided that it doth not exceed the said quan- 
tity of Acres, nor interfere with any former Grant. \^Passed June 6. 



Legislative 
Records of the 
Council, xxvi., 
232. 

House Jour- 
nal, pp. 49, 53. 
Ante, p. 46, 
chap. 89. 



CHAPTER 12. 

RESOLVE CONFIRMING A PLAN OF 393 ACRES OF LAND TO JOSEPH 
WELD AND OTHERS. 

A Plan of Three hundred and ninety three Acres of Land which 
was laid out in satisfaction of a Grant made by the Great and Gen- 
eral Court to M"^ Joseph Weld and others Heirs of John White Esq' 
late of Boston deceased June 24*^"^ 1765 bounding South on the 
North Line of N° 4 Township, East on a Grant made to Mess" 
Story Dawes and Peter Roberts, North & West on unappropriated 
Lands having been presented to the Court for allowance, the fol- 
lowing Order passed thereon viz' 

Resolved the within plan of Three hundred and ninety three 
Acres of Land be accepted, and hereby is confirmed unto Joseph 
Weld and Others the Heirs of John White Esq'' deceased, their 
Heirs and Assigns forever. Provided that it doth not exceed the 
said quantity of Acres, nor interfere with any former Grant. [Passed 
June 6. 



CHAPTER 13. 



ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
WORCESTER TO SET OFF THE INCOME OF ONE THIRD OF THE 
ESTATE OF THE LATE DANIEL BEAL TO HIS WIDOW. 



Legislative 
Records of the 
Council, xxvi., 
232. 

House Jour- 
nal, pp. 47, 48, 
54. Ante, 
p. 100, chap. 
207. 



A Petition of Robert Saunders of Mendou & Mehitabel his Wife, 
late Relict Widow of Daniel Beale of said Mendon deceased, and 
sole Admin^ of his Estate Setting forth That on the 15'*^ of Jan^ 
last they preferred a Petition to the General Court praying liberty 
to sell the said deceaseds Real Estate for the reasons therein men- 
tioned, who thereupon impowered them to sell the House and forty 
nine Acres of Land mentioned in said petition; but did not impower 
the Judge of Probate to set off the Income of one third part of said 
Estate for the Widows L^se during her natural life Therefore pray- 
ing the said Judge may be now impowered to set off to her, her 
said thirds of said Estate, She giving proper caution for securing 
the Heirs of the said deceased. 

Read and 

Ordered that the prayer of the Petition be granted ; and the Judge 
of Probate for the County of Worcester is accordingly impowered 
and ordered to set off the Income of one third part of the proceeds 
of the Estate of the within named Daniel Beal late of Mendon 



[1st Sess.] Province Laws {Resolves, etc.). — 176()-67. 121 

deceased, when sold for the most it will sell for, to the late Widow 
of the s'^ Daniel 13eal during iicr natural life, the Petitioner giving 
sufficient caution to the Judge of Probate for the County of Worces- 
ter to secure to the Heirs of the said Daniel Beal the said thirds at 
the decease of the said Mehitabel. \^Passed June 6. 



CHAPTER 14. 

RESOLVE CONFIRMING A PLAN OF 5,500 ACRES OF EQUIVALENT LAND 
TO AARON WILLARD AND OTHERS. 

A Plan of Five thousand and five hundred Acres of Land sit- Legislative 
uate in the County of Berkshire, bounding North on East Hoosuck c«1uncif,xxvL, 
partly, and partly on unappropriated Lands, West on the foot of ■^^**- 



Hoosuck Mountain, South on the North Line of Lanesborough House Jour- 
partly, and partly on JN umber tour iownship, and Last on unap- Province 
propriated Lands, being a Grant made by the Great & General K)7rchap."25i; 
Court at their Session in Boston June '^S'* 1765 to Aaron Willard. ^tjf ^' I'j ^^• 
Esq"' and his Associates proprietors of Township N° three being an 
equivalent for a deficiency in said Town, Surveyed June 1765 and 
planned by a Scale of two hundred & forty perch in an inch and 
includes eleven hundred and seventy six acres, a Grant some time 
since made to the Town of Hatfield <p Nath^ D wight Surveyor hav- 
ing been presented to the Court for acceptance, the following Order 
passed thereon viz' 

Resolved That the within Plan of five thousand and five hundred 
Acres of Land be accepted and hereby is confirmed unto Aaron 
Willard Esq'' and his Associates their Heirs and Assigns forever. 
Provided that it doth not exceed the said quantity of Acres nor 
interfere with any former Grant they performing the Settlement 
originally enjoined by the Court upon the Township Number three 
within mentioned. [^Passed June 9. 



CHAPTER 15. 



RESOLVE IMPOWERING HANNAH POMROY, ADM^, TO EXECUTE A DEED. 

A Petition of Hannah Pomroy Admin^ of the Estate of Cap* Legislative 
John Pomroy late of Northampton deceased Setting forth That councif, xxvl, 
the said John did in the year 1753 sell to Ebenezer Hunt a certain ?^ 



Tract or parcel of Woodland lying in that division of Lands in said ^aT^^ "^ is^'se 
Town called the little Division, and received of the said Ebenezer 37* * ^^' ' ' 
a consideration therefor, agreable to contract, but dyed without 
giving any Deed or conveyance of said Land, and the said Ebenezer 
is yet without any title thereto. And praying that she may be im- 
powered to give to him a good and effectual deed and conveyance 
of the same Land. 

[Read and] 

Resolved That the prayer of this Petition be granted. And that 
the Petitioner be, and hereby is authorised and impowered in her 
said capacity to make and execute a deed of Bargain and Sale to 
the said Ebenezer Hunt of the said Premises, to have and to hold 



122 



Province Laws {liesolues, etc.). — 176(5-()7. [Chaps. KJ-l^.] 



the same to him in Fee simple. And that such deed when executed, 
shall be as good & effectual to all intents and purposes to vest the 
whole Estate of the said Premises in him the said Ebenezer, as if 
the said deceased had made and executed such Deed of the same 
premises in his life time. [Passed June 9. 



CHAPTER 16. 

RESOLVE GRANTING 500 ACRES OF EQUIVALENT LAND TO EDW» WOOD- 
MAN. 



Legislative 
Records of the 
Council, xxvi., 
24(». 

Legislative 
Records of the 
Council, xxvi., 
132. House 
Journal, pp. 34, 
57. 



A Petition of Edward Woodman of Durham in Is^ew Hampshire 
praying for an Equivalent on account of a Grant made to his Great 
Grandfather Edward Woodman in 1661 which was laid out at a place 
now called Londonderry, and falling within the Province of New 
Hampshire, 

[Eead and] 

Resolved that the prayer of the said Petitioner be so far granted ; 
and that there be and is hereby granted unto the Petitioner his Heirs 
and Assigns forever, Five hundred acres of the unappropriated Lands 
of this Province lying in the County of York to be taken up in one 
body, in full consideration for the loss he hath sustained as set forth 
in his Petition: and that he be allowed twelve months from the date 
hereof to return a plan thereof to this Court for confirmation, to 
be taken by a Surveyor & Chain men on Oath. [Passed June 9. 



CHAPTER 17. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BERK- 
SHIRE COUNTY. 



Legislative 
Records of the 
Council, xxvi., 
241. 

House Jour- 
nal,pp.l4, 19. 



An Account of Mark Hopkins Treasurer for the County of Berk- 
shire being offered to the Court for allowance, the following Order 
passed thereon viz'' 

Resolved that the foregoing Account, being right cast and well 
vouched, be allowed, and that the County be further accountable 
to the Treasurer for the Sum of Ten pounds, nine shillings and 
four pence % which he has paid out more than he has received. 
[Passed June 10. 



CHAPTER 18 



Legislative 
Records of the 
Council, xxvi., 
242. 

House Jour- 
nal, p. 70. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ANDREW BELCHER, ESQ., IN REGARD TO A JUDGMENT. 

A Petition of Andrew Belcher Esq' Setting forth That he 
had an Action of Trespass depending at the last Superior Court 
held at Plymouth against Enoch Hunt of Weymouth ; but as the 
trials upon Civil Actions had been for some time suspended on 
account of the Stamp Act, he did not expect the case would have 
been called ; but the Court proceeding suddenly on the business he 
had no time to summon his Witnesses, by reason whereof the said 



[1st Sess.] Province Laws {Resolves, etc.). — 1766-67. 123 

Hunt recovered Costs: And praying that Execution may be stayed, 
and that he may have a hearing at the next Superior Court at 
Plymouth. 

Read and 

Ordered i\rdt the Petitioner notify the adverse party Enoch Hunt 
with a Copy of this Petition that he siiew cause (if any he hath) 
on the second Wednesday of the next Session of this Court, why 
the prayer thereof should not be granted, and that Execution be 
stayed in the mean time. \^Passed June 11. 



CHAPTEE 19. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 

An Account presented by Joseph Appleton Esq"" Executor of ^for|"oft^^e 
John Choate Esq"" dec'' late Treasurer of the County of Essex for council, xxvi., 
the allowance of this Court, the following Order passed thereon '— 

,„• t HouseJour- 

VIZ nal,pp.l4,55. 

Resolved That the within Account, being right cast and well ^«<e, p. lo, 
vouched, be allowed, and that the balance due to the Estate of the ^ ^ 
late Treasurer the Hon''''' John Choate Esq"" deceased being Fifty 
two pounds, one shilling and two pence ^^2^ the County be account- 
able for to the Executor of his last Will and Testament, and that 
the present Treasurer M"" Michael Farley be accountable to the said 
County for the Sum of One hundred and four pounds, eighteen 
shillings and five pence that appears to be due for outstanding 
Taxes when he shall receive the same. \^Passed June 11. 



,8. 



CHAPTER 20. 

RESOLVE CONFIRMING THE TOWNSHIP OF MURRAYFIELD TO TIMOTHY 
PAINE, JOHN CHANDLER, JOHN MURRAY, ABIJAH WILLARD AND 
JAMES OTIS. 

A Petition of Timothy Paine, John Chandler, John Murray Legislative 
and Abijah Willard Esq" Setting forth That in June 1762 they councu'xxvL^ 

purchased a Tract of Land of the Government for a Township since '^ 

which they admitted James Otis Esq"" as a Partner to one fifth of House Jour- 
three fourths; that the same is now incorporated into a Town by tl' province 
the name of Murrayfield, and that they have nearly complyed with c'tfa^^gY^egJ' 
the Conditions of Settlement; but that they have no absolute Grant note; xvu., 243, 
from the Government, which prevents them giving a title to pur- " *^' 
chasers who appear to buy lots of Land in said Township And 
praying that the said Town may be confirmed to the said Timothy 
Paine, John Chandler, John Murray & Abijah Willard viz' to the 
s** Tim° Paine, John Chandler & John Murray each one fifth, to 
the said Abijah Willard one fourth and to the said James Otis one 
fifth of three fourths. 

[Read and] 

Resolved that the Township mentioned in the within Petition be 
granted and confirmed to the Petitioners in the following propor- 



124 



Province Laws {Resolves, etc.). — 1766-67. [Chaps. 21-23.] 



tion viz' To the said Timothy Paine, John Chandler and John Mur- 
ray each one fifth part thereof: to the said Abijah Willard one fourtli 
part thereof; and to the said James Otis one fifth of three fourths 
thereof, to them their Heirs and assigns forever, they compleating 
the Settlement thereon originally enjoined. \^Passed June 11. 



CHAPTER 21 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN- 
STABLE COUNTY. 



Legislative 
Records of the 
Council, xxvi., 
245. 

House Jour- 
nal, pp. 14, 37. 



An Account of Solomon Otis Esq' Treasurer of the County of 
Barnstaple having been laid before the Court for allowance the fol- 
lowing Order passed thereon viz'' 

Resolved that the foregoing account, being right cast and well 
vouched, be accepted, and that the Treasurer be discharged of the 
Sum of One hundred and sixteen pounds, eighteen shillings & two 
pence % which he has paid by order of the Court of Sessions and 
that a balance of the Sum of Eighty six pounds, nine shillings & 
five pence, still remaining due to the County he be further account- 
able for. \^Passed June 12. 



CHAPTER 22. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 



Legislative 
Records of the 
Council, xxvi., 
246. 

House Jour- 
nal, pp. 14, 19. 



An Account of John Cotton Esq'' Treasurer of the County of 
Plymouth having been laid before the Court for allowance the fol- 
lowing Order passed thereon viz' 

Resolved that the foregoing Account being right cast and well 
vouched be allowed ; and that the Treasurer be discharged of the 
Sum of One hundred & seventy nine pounds, fifteen shillings and 
five pence which lie has paid by order of the Court of Sessions, and 
that a balance of the Sum of One hundred and forty six pounds, 
twelve shillings and ten pence due to the County, he be further ac- 
countable for when by him received. \^Passed June 12. 



CHAPTER 23 



RESOLVE ALLOWING THE PURCHASERS OF TOWNSHIP N" 3 TO GIVE 
BOND FOR THEIR SEVERAL PROPORTIONS OF AMOUNT DUE ON 
AARON WILLARDS BOND. 



Legislative 
Records of the 
Council, xxvi., 
246. 

House Jour- 
nal, pp. 61, 71. 
Province 
Laws, iv., 1049, 
note; xvii., 
242, chap. 50. 



Whereas in June 1762 Aaron Willard jun"' of Lancaster Esq' 
purchased of this Province the new Township N° 3 lying in the 
County of Hampshire adjoining to the Township of Chesterfield 
for himself and four Others his associates in the said Purchase, and 
gave his Bond to the Treasurer of the Province with Sureties for 
the purchase money agreable to the Order of this Court &c And 
whereas the said purchaser and his associates have made partition 



[1st Sess.] Province Laws (liesolves, etc.). — 1766-67. 125 

between themselves of some considerable part of the said Land, and 
are now ready to make considerable payment in part of the said 
Aaron's Bond aforesaid. And the said Aaron and his Associates afore- 
said being desirous and having moved this Court that they may make 
their several Securities to tlie Province Treasurer for their several 
proportions of tlie Sum that may remain unpaid on his Bond afore- 
said. 

Resolved That the Province Treasurer be permitted to accept the 
several Securities of the said purchaser and his said associates for 
their respective proportions of the Sum due on the said Aaron's 
Bond aforesaid ; they giving their Bonds with sufficient Sureties 
effectually to secure the payment thereof; and that the same being 
done the said Treasurer be directed to deliver up to the said Aaron 
his said original Bond. [Passed June 12. 



CHAPTER 24. 

RESOLVE CONFIRMING TOWNSHIP N" 2 TO OLIVER PARTRIDGE, ESQ^, 

AND OTHERS. 

A Petition of Oliver Partridge Esq'' in behalf of himself & Legislative 
Associates Setting forth That in the year 1762 They purchased Council, xxvi., 

of the Government a Township called N" 2 and have performed a '^— . 

great part of the duty enjoined on them, but are not impowered to ^aTpp'se'^TT 
make Conveyances to the Settlers or Others inclined to purchase. 78. ' Province 
And Praying that the said Township may be granted and Confirmed 2427chair5o. 
to them, that they may be thereby enabled to make conveyances, 
and go on with their Settlements. 

[Read and] 

Resolved That the Township N° 2 which was sold by this Govern- 
ment in 1762 now belonging to Oliver Partridge and Elisha Jones 
Esq" and their associates lying in the County of Berkshire bounded 
as follows, beginning at the Northeast Corner of Ashuelot Equiva- 
lent, thence running East 20 South 2,011 Perch to a Stake and large 
heap of Stones, thence South 20 West 2,016 Perch to a large Maple 
Tree marked thence West 20 North 2,011 Perch to a small Beach 
Tree marked thence North 20 East to the first Bounds, be granted 
& confirmed to the said Oliver Partridge and Elisha Jones and their 
Associates in the said purchase, and to their Heirs and assigns, they 
performing the Settlement thereon originally enjoined; saving the 
quantity of two thousand and three hundred Acres of Lands in- 
cluded in said Lines which were Grants heretofore made by the Gen- 
eral Court to particular persons. [Passed June 13. 



CHAPTER 25 



RESOLVE DIRECTING THE PROVINCE TREASURER TO PAY £1,112. 18. 1\ 
TO THE COMMITTEE FOR REBUILDING HARVARD COLLEGE. 

Resolved That the Province Treasurer be & hereby is directed to Legislative 
pay out of the Publick Treasury to the Committee appointed to councif xIt*!^ 
Rebuild Harvard Colledge the Sum of Eleven hundred & twelve '-249. Mass. 
pounds Eighteen Shillings & seven pence half penny to enable them iviii.,'555a. 



126 



Province Laws {Resolves, etc.). — 1766-67. [Chaps. 26-28.] 



House Jour- 
nal, pp. 75, 77, 
80, 81. Prov- 
ince Laws, r^,„„ iQ 
xvii., 470, chap. <J 11116 lo. 
231. Ante, 
p. 33, chap. 58. 



to pay the several ballances now due to the Workmen &c which is 
in full for the Charge & Cost of rebuilding said Colledge. [Pasj^ed 



CHAPTER 26. 



RESOLVE IMPOW BRING THE TOWN OF TYRINGHAM TO RETURN A LIST 
OF VALUATION OF RATEABLE POLLS AND ESTATES. 

Refordfof the ^ PETITION of William Hale and Others, a Committee of the 
Council, xxvi.. Inhabitants of Tryingham Setting forth That they are greatly 
over rated to the Province Tax the last year ; and praying an abate- 
ment; Whereupon the following Order passed viz^ 
In the House of Eepresentatives. 
Whereas it appears to this House that the said Town at the time 
of taking the general valuation had no opportunity to return a List 
of their rateable Polls and Estates. Therefore 

Resolved That the said Town have leave to return such List to 
this House at the next Winter Session to which time their Petition 
and all matters relative thereto is referred. 

In Council, Read and Concurred. [Passed June 14. 



2,50. 

House Jour- 
nal, p. 79. 
Province 

Laws, Iv., 866, 
note. 



Legislative 
Records of the 
Council, xxvi., 
2.51. 

House Jour- 
nal, pp. 14, 78, 

79. 



CHAPTER 27. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

An Account of Joshua Ilenshaw Esq"" Treasurer of the County 
of Suffolk, being laid before the Court for allowance, the following 
Order passed thereon viz*^ 

Resolved That the within Account, being riglit cast and well 
vouched be allowed: and that the Treasurer be discharged of the 
sum of Three hundred and twenty five pounds, thirteen shillings 
and two pence ^/i which he has paid by order of the Court of Ses- 
sions: and that a balance of Sixteen hundred and twenty seven 
pounds, one shilling & seven pence still remaining due to the 
County, and is outstanding in the hands of several Constables, 
he be further accountable for, when by him received. [Passed 
June 14. 



CHAPTER 28. 



RESOLVE IMPOWERING BENJAMIN WITT. ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
252. 

House Jour- 
nal, pp. 66, 87. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Benj=^ Witt Admin' of the Estate of John Witt 
late of Glocester deceased, & Guardian to two of his Children and 
of Jacob Parsons Guardian to two more, which four are all Females, 
and the only surviving Children of the deceased Setting forth That 
the deceaseds Eeal Estate was apprized at Two hundred fifty six 
pounds % of which the Superior Court hath ordered to be sold to 
the amount of One hundred & sixty pounds for the payment of 



[1st Sess.] Province Laws (Besolves, etc.). — 1766-67. 127 

debts; but that the whole exclusive of an unfinished dwelling House 
is insufficient for the purpose, and the said House cannot be sold 
off in parcels; and as the Children are young Praying they may be 
inipowered to sell the whole of the said deceaseds Real Estate they 
to be accountable. 

[Read and] 

Resolved that the prayer of this Petition be granted; and that 
Benjamin Witt Admin' of the Estate of John Witt within men- 
tioned be and he is hereby inipowered to make Sale of the Premises, 
mentioned in this Petition for the most the same will fetch, & make 
and execute a good deed thereof to the purchaser, he Observing the 
Rules and directions of the law relative to the Sale of Real Estates 
by Executors and Administrators, and giving caution to the Judge 
of Probate for the County of Essex, that the proceeds arising by 
such Sale be applied so far as shall be necessary for the purposes 
mentioned in this Petition; and that the Overplus, if any be, be 
secured for the benefit of the Heirs at law of the said deceased. 
[Passed June 16. 



CHAPTEE 29. 

RESOLVE ALLOWING £13. 7. 5 TO W^' EASTMAN. 

A Petition of William Eastman of South Hadley Setting Legislative 
forth. That in Jan^ 1761 the General Court appointed a Com- ^^^°^tf, xxv^l. 
mittee to repair to South Hadley in consequence of a Petition '^55. 
from thence and ordered that the Charge of said Committee should House Jour- 
be borne as this Court should hereafter order: That upon the credit pro'vince' ' 
of the said Order the Petitioner advanced to the said Committee the ^haT'sss-'"' ^^*' 
Sum of £13.7.5 on the 21'*^ April 1761; And praying that he may xvii.,'i54,'chap. 
have an Order for said Sum with Interest. 

[Read and] 

Resolved That the Sum of Thirteen pounds, seven shillings and 
five pence be paid out of the public Treasury to the Petitioner in 
full discharge of his Account as within mentioned, and that the 
said Sum of Thirteen pounds, seven shillings and five pence be 
added to the Tax of the District of South Hadley in the next Tax 
Act. [Passed June 17. 



CHAPTER 30. 

RESOLVE CALLING A MEETING OF THE TOWNS IN WORCESTER COUNTY 
FOR THE CHOICE OF A COUNTY REGISTER. 

Whereas it so happened in the County of Worcester in May last Legislative 
that there was no choice of a County Register by reason of no one council, xxvi., 
person's having a majority of Votes. Therefore ?^!!^ . 

Resolved that James Putnam and Josiah Brewer Esq" two of the ^^"j"?f gi"^*"" 
Justices in and for the said County be, and hereby are impowered Province 

Laws ii 8 

to grant out their Warrants directed to the Selectmen of the sev- chap.'s.'' ' 
eral Towns within the said County of Worcester, requiring them 
forthwith to convene the Freeholders of their respective Towns, 
and proceed to the choice of some meet person for Register of 



128 



Province Laws {Resolves, etc.). — 1766-67. [Chaps. 31, 32.] 



Deeds and Conveyances: And the said Justices shall make their 
Warrants returnable to themselves at a certain day as soon as con- 
veniently may be, requiring the said Selectmen to seal up the Votes 
for Register, and return them together with the said Warrants. 
And the said James Putnam and Josiah Brewer shall at the same 
time give out their Notifications to the major part of the Justices 
of said County of their proceedings therein, desiring them to meet 
upon the day appointed for the Return of said Warrants at the 
Court House in said County: and the major part of the Justices 
of said County being met together on such day, the said Votes for 
Register shall be opened and sorted in presence of the said Justices, 
and the person having the most Votes shall be Register of Deeds 
for said County until the time appointed by Law for the Election 
of Registers through the Province. {^Passed June 18. 



CHAPTEK 31 



RESOLVE ESTABLISHING THE GARRISONS AT CASTLE WILLIAM AND 
FORT POWNALL AND THE WAGES THEREOF. 



Legislative 
Records of the 
Council, xxvi., 
25S. Mass. 
Archives, 
Ixxx., 608. 

Mass. 
Archives, 
Ixxx:, 609. 
Legislative 
Records of the 
Council, xxvl., 
'255,256. House 
Journal, pp. 76, 
77. Po.s<,p.l40, 
chap. 53; p. 146, 
chap. 68; p. 262, 
chap. 77. 



Resolved that there be allowed Forty Men officers included for 
the Defence of his Majesty's Castle William, and that the follow- 
ing Establishment be made for their Wages to continue for One 
Year from the Twentieth day of June current Viz 



For One Captain 
One Lieutenant 
A Chaplain 
A Gunner 
A second Gunner 
One Armourer 
Two Sergeants 
Six Quarter Gunners t> 
Four Corporals t> 

One Drummer t* 

Twenty one privates P" 



P Annum 
t> ditto 
P d" . 
■t> d° . 
^ do . 
P Month 
\y d" each 

d» 

d» 

do 

d" 



each 
each 



each 



£')6. 3. 

•28. 11. 

33. 6. 

45. 6. 

33. 6. 
2. 4. 
1. 12 
1. 12 
1. 9. 
1. 9. 
1. 4. 



Resolved That the Establishment of Fort Pownall at Penobscot 
from the twentieth of June Curr'' for One Year be as follows 



For One Lieutenant P Month 



A Chaplain ^ 

One Interpreter W 
One Gunner P 
One Sergeant %> 
Fifteen Privates F 



do 
do 
do 
do 
do 



each 



£3 
4 
3 
3 
1. 
1. 



\Passed Jtme 18. 



CHAPTER 32. 



RESOLVE ALLOWING £7. 5 TO THE TOWN OF GRAFTON. 



Legislative 
Records of the 
Council, xxvi., 
260. Mass. 
Arcliives, 
cxviil., 190. 

Mass. 
Archives, 
cxviii., 190. 



A Petition of Ephriam Sherman Agent for the Town of Graf- 
ton praying that the Fine laid on said Town the last year for not 
sending a Representative may be remitted in consideration of the 
smallness of the said Town, and the great Expence they were at 
in purchasing a new County Road. 

Read and 



[1st Sess.] Province Laws {liesolves, etc.). — 1766-H7. 129 

Resolved that there be allowd & paid out of the Province Treas- House Jour- 
ury to the with in named Ephraiin Sherman for the Use of the pro'vinw''*^' 
Town of Grafton tlie Sum of seven pounds five shillings, that Sum cbaT'is^'' ''"^' 
being laid on said Town as a fine for their not sending a representa- 
tive to the Great & Gen' Court the last year. \^Passed June 19. 



CHAPTER 33. 

RESOLVE DECLARING THE PROCEEDINGS AT A TOWN MEETING IN 
GREAT HARRINGTON TO BE NULL AND VOID AND IMPOWERING THE 
SELECTMEN THEREOF TO CALL A NEW MEETING. 

Resolved Tliat the Town Meeting holden in Great Harrington in Legislative 
March last was irregular and illegal, together with the choice of coum'n xxvf 
Officers then made, and the same is hereby set aside & declared to '26i. 
be null and void: And that the Selectmen of Great Barrington for Legislative 
the last year be, and hereby are Ordered to issue their Warrants for councif, xxvi?, 
calling another Meeting of the said Town to be holden at the Meet- f^'l^.^^^]^^^ 
iug House in said Great Barrington on the second Monday of July 67,84,87) as, 96.' 
next at ten O'Clock in the Forenoon, to act upon the several Articles 
that were to have been acted upon at the Meeting aforesaid on the 
24*'' of March last : and that all Elections of Officers and other mat- 
ters or things that may be transacted or done at said Meeting shall 
to all Intents and purposes whatsoever be as legal and valid, as if 
the same had been made, acted upon, or done, in the Month of 
March ; and that Joseph Hawley Esq'' be, and hereby is impowered 
& authorised to act as Moderator of said Meeting. [^Passed June 19. 



CHAPTER 34. 

ORDER REFERRING THE CONFIRMATION OF A PLAN OF A TOWNSHIP TO 
JOS. SYLVESTER AND OTHERS AND ORDERING A SURVEY THEREOF. 

A Plan of the Contents of seven Miles square said to have been -Legislative 
granted for a Township to Cap* Joseph Sylvester & Others their councif xx*vf 
Descendents and Assigns, but endorsed Plan of a Township granted 26i. Mas's! 
to Warren & Others, bounded as follows viz' beginning at a great ^vil^.^nV. 
Rock in xindroscoggin River, the Northerly Corner of Bakers Town ^j;;^^ 
so called, and from thence runs Southwest in the Line of said Bakers Archives^, 
Town four Miles to a stake, then Northwest six miles and a half to MaY.saiui'' 
a Stake, then North East ten Miles and a half to said River, and xxl''vi'i.!^32:' 
then with said River to the first Corner: being presented for accept- House Joui--^ 
ance, the following Order passed thereon viz' foo.'^'^We, *"' 

The within plan was presented for Acceptance, and Confirmation, p- **• ^^^p- ^^• 
and it Appearing that the Proprietors of the Township granted to 
Cap* Sylvester have made the first, & regular Pitch of the Lands 
Contained in the Plan, 

Ordered that the Plan Lye to the next setting of the Court, & 
in the mean Time that the said Proprietors, be directed to make 
An Actual Survey of said Lands, by A Surveyor & Chainman on 
Oath & return the Same to this Court. [Passed June 19. 



130 Province Laws {Resolves, etc.). — 1766-6 7 . [Chaps. 35,36.] 



CHAPTER 35. 

RESOLVE IMPOWERING ELEAZER PORTER, EXECUTOR, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

legislative A PETITION of Joliii Chester Williams and Xehemiah Williams 

Council, xxvi., of Hadlej Minors Setting forth That in March last a dwelling 
ArchivesTxix., House to them belonging in said Town was consumed by Fire; and 

1^ although the people have generously set them up a Frame, and in 

Mass. part covered it, yet they were unable to finish it, and their Interest 

742!^ House^^'' in said Town is so small that they should not incline to settle there. 
36"8™92 ^4"^^' -^^^^ praying liberty to sell the said Materials, and the Lot whereon 
Province it stands Containing about ten Acres; the produce to be improved 

chap. 10. lor their benefit. 

[Eead and] 

Resolved That the Prayer of the s*^ Petition be granted & that 
Eleazer Porter Esq of Hadley one of the Executors of the Last 
Will of the Late Father of the said petitioners be & he is hereby 
impowred in the Name & Behalf of the s*^ Petitioners »& for their 
Use & Benefit to make Sale of the premisses in s'* petition men- 
tion'd for the most the same will fetch & to make & execute in 
their names a good Deed thereof to the purchassers lie the s'* 
Eleazer observing the Directions of the Law of this province rel- 
ative to the sale of real Estates by Executors or Admin" & giving 
Caution to the Judge of probate for y*" County of Hampshire to 
account for the proceeds of s*^ Sale to the s*^ Petitioners when re- 
quired. \^Passed June 19. 



CHAPTER 36. 

RESOLVE CONFIRMING THE TOA\T^ WAYS OF TOWN OF BOLTON. 

Recordfof the ^ MEMORIAL of Nath' Lougley and Others Selectmen of Bol- 
Councii, xxvi., toii Setting forth That by reason of some Irregularities in their 

"^ : proceedings relative to the laying out of Highways in said Town, 

naTpp'^4?^i)'2, ^licy are liable to be controverted, tho' no disputes have as yet arisen 
103.' ' ' concerning them. And praying that said Roads and Ways as they 
now stand Recorded on the Town Book may be confirmed. 
[Read and] 

Resolved that the prayer of this Petition be granted, and all those 
Ways mentioned therein which have been laid out by the Selectmen 
and accepted by the Town of Bolton, notwithstanding the omission 
of any Clerk of said Town in making a Record of the acceptance 
thereof by said Town. And also the other Ways which have been 
accepted by said Town on a general Clause in the Warrant without 
any particular description of the same, be, and hereby are, estab- 
lished and confirmed as Town ways to all intents and purposes, the 
aforesaid Defects notwithstanding. \^Passed Jime 19. 



[1st Sess.] Frovince liAViS (Besolves, etc.). — 1766-67. 131 



CHAPTER 37. 

RESOLVE IMPOWERING BENJ* KENDALL, GUARDIAN, TO SELL REAL 
ESTATE, AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Bonj* Kendall Guardian to Ruth Cozzens a Minor LeRisiative 
of about fifteen years of age Setting forth That the said Minor is couucn. xxl^f, 
seized of four parcels of Land lying in Sherburn Ilolliston & Doug- 26 3. 
las, all unimproved, and valued at Forty pounds. That the said House Jour- 
Minor is in a weak state, and has already incurred sundry charges "'ro'viuce''^"^" 
for Physicians, Nurses &c and has now an opportunity of selling ^ian^'/y'^^^' 
two of the said parcels at the apprized value, and the Friends & 
relatives of the said Minor apprehend it best that the whole should 
be sold. Therefore praying that he may be impowered to sell the 
said four parcels of Land under such restrictions as this Court shall 
judge proper. 

[Read and] 

Resolved that the prayer of this Petition be granted ; and that 
Benj'* Kendall Guardian to Ruth Cozzens be, and he is hereby im- 
powered to make Sale of the Premises mentioned in this Petition 
for the most the same will fetch, and to make and execute a good 
deed or deeds thereof to the purchasers, He observing the direc- 
tions of the Law relative to the Sale of Real Estates by Exec" and 
Admin", and giving caution to the Judge of Probate for the County 
of Middlesex that the proceeds arising by said Sale be applied for 
the benefit of the said Ruth. \^Passed June 19. 



CHAPTER 38. 

RESOLVE IMPOWERING ISAAC RIDGEWAY, EXECUTOR, TO SELL REAL 
ESTATE, AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Isaac Ridgway surviving Executor of John Ridg- Legislative 
way late of Boston deceased Setting forth That the deceaseds councif xxvi** 
personal Estate falls short of paying the debts due and owing from 264. 
the said deceased to the amount £135.13.11 That he left a dwelling House Jour- 
House and Land situate in Royal Exchange Lane in said Boston 102.' ^Province 
apprized at £266.13.4 which is going out of Repair, and not worth l^iws, ii., 151, 
so much now, as at the time of the Testators death. That it cannot 
be so divided as to sell to advantage, and as one half of those in- 
terested therein are of age, and desirous with the Guardians of the 
Others that the whole may be Sold, Praying that he may be impow- 
ered to sell the same accordingly. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the said Isaac Ridgway Exec"" of the Estate of John Ridgway as 
mentioned in the within Petition, be and he is hereby impowered 
to make Sale of the premises mentioned in this Petition for the 
most the same will fetch, and to make and execute a good deed 
thereof to the purchaser, he observing the directions of the Law 
relative to the Sale of Real Estates by Exec" and Admin" & giving 
caution to the Judge of Probate for the County of Suffolk that the 
proceeds arising by said Sale be applied for the purpose within men- 
tioned, and the Overplus if any there be, put to Interest for the 
benefit of the Heirs. \_Passed June 19. 



132 



Province Laws {Resolves, etc.). — 1760-67. [Chaps. 39, 40.] 



Legislative 
Records of the 
Council, xxvi., 

264. 

House Jour- 
nal, pp. 82, 103. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 39. 

RESOLVE IMPOWERING JOSIAH JONES, ADM", TO SELL REAL ESTATE. 

A PETiTioisr of Benj^ Hopkins, Grandfather of the Children of 
Josiah Jones kite of Wilmington deceased ; Thomas Pierce their Guar- 
dian and Josiah Jones Admin"" of the said deceaseds Estate Setting 
forth That there is need of selling part of the deceaseds Real Estate 
to the amount of £110.18.11 at least, for the payment of debts; that 
he left six Children, all under fourteen years of age, and a Real 
Estate apprized at £386.13.4, which is so circumstanced, as that to 
sell only enough to pay the debts aforesaid, will greatly endamage 
the rest, as it will then make but a poor Settlement: and as it will 
be so long before the Children come of age, the Buildings & Fences 
must necessarily go out of Repair, and praying that liberty may be 
given to sell the whole for the benefit of the Heirs. 

[Read and] 

Resolved That the prayer of the Petition be so far granted as that 
Josiah Jones one of the Petitioners in his capacity as Administra- 
tor be and he is hereby impowered to make sale of so much of the 
said deceaseds Real Estate where it will be least prejudicial to the 
remainder, as will sell for One hundred and fifteen pounds, to enable 
him the said Petitioner to satisfy the deceaseds just debts and the 
Charges of Sale, and to make and execute a good Deed or deeds of 
conveyance thereof in the Law; he observing the directions of the 
Law respecting the Sale of Real Estates by Executors and Admin" 
and giving sutiicient caution to the Judge of Probate for the County 
of Essex to account with him for the proceeds thereof. {^Passed 
June 19. 



CHAPTER 40v 



RESOLVE IMPOWERING EBEN« WILLIS, GUARDIAN, TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, xxvl., 
265. 

House Jour- 
nal, pp. 72, 102. 
Province 
Laws, ii.,151, 
chap. 10. 



A Petition of Ebenezer Willis of Dartmouth Guardian to Zeruiah 
Tupper W^idow a person Non compos mentis, and also to her daughter 
Elizabeth Tupper a minor under fourteen years of age, both of Sand- 
wich in the County of Barnstaple, Setting forth That they are both 
interested in a Dwelling House and Barn and small tract of Land 
adjoining, and in some Wood Lands in Sandwich. That the House 
and Fence are much out of Repair, and the Widows part of the 
Rent insufficient for her support; that the Interest of what it would 
sell for would amount to double the Rent; and that it would there- 
fore be of advantage to both to have the Estate sold and the money 
arising by said Sale improved at interest for the benefit of the Con- 
cerned. And praying that he may be impowered to sell the same 
accordingly. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
Ebenezer Willis Guardian to Zeruiah Tupper Widow and her daughter 
Elizabeth a Minor within mentioned, be and he is hereby impow- 
ered to make Sale of the premises mentioned in this Petition for 
the most the same will fetch,- and make and execute a good deed 



[1st Sess.] Province \jkvfs {Resolves, etc.). — 176()-67. 133 

or deeds thereof to the purchaser; he observing the Eules and direc- 
tions of the Law relative to the Sale of Eeal Estates by Exec" and 
Admin", and giving caution to the Judge of Probate for the County 
of Barnstaple that the proceeds arising by such Sale be applied for 
the purposes mentioned in this Petition. [Passed June 10. 



CHAPTEK 41. 

RESOLVE IMPOWERING WILL" ELLIS, GUARDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of William Ellis of Dedham Guardian and Grand- R®®'r|f"'f.u 
father to Rebecca Bullard a Minor of about fourteen years of council, xxvi., 

age Setting forth That the said Minor hath a Tract of Land in '^— 

said Dedham containing about twelve Acres, the rent of which is ^^i'^pp^?')^'io2 
scarcely sufficient to pay the Taxes & Eepairs; and yet would sell Province \ 
for Eighty pounds; that the said Land lyes remote from the House chap^'ioV' ^ ' 
and Other Lands belonging to said Minor: and praying that he may 
be impowered to sell the same for the benefit of his said Grand 
Child. 

[Read and] 

Resolved That the Prayer of the Petition be granted, and that 
William Ellis the Petitioner be and hereby is fully authorized and 
impowered to make Sale of the Land mentioned in said Petition 
for the most the same will fetch, and to execute a good deed or 
deeds in the Law of the same ; observing the directions of the Law 
for the Sale of Real Estates by Executors and Admin", and giving 
sufficient caution to the Judge of Probate for the County of Suf- 
folk that the Money arising by the Sale be put out to Interest for 
the benefit of Rebecca Bullard the Minor mentioned in the Peti- 
tion, and paid to her at her Marriage or when she shall come of 
age. [Passed June 20. 



CHAPTER 42. 

RESOLVE IMPOWERING JUSTUS SACKET, EXECUTOR, TO EXECUTE A 

DEED. 

A Petition of Bethesda Sacket and Justus Sacket Exec" of the Legislative 
last Will of Eliakim Sacket late of Westfield deceased Setting coSxlt^®, 

forth That the said Eliakim had in his life time bargained with "^^ . 

Isaac Bartlett of Granville for a Tract of Land containing One hun- House Jour- 
dred and ten Acres lying in said Granville, for which he gave seen- "'^ •!'?•' • 
rity to pay in a limited time, and thereupon the said Eliakim gave 
his Bond to make a deed of conveyance when payment should be 
made as aforesaid. But the said Eliakim dyed before the said Con- 
tract was fulfilled, and as payment is already made in part, and the 
rest of the money ready upon the deeds being executed Praying 
that they may be impowered to make a deed of said Land accord- 
ing to Contract. 

[Read and] 

Resolved That the prayer of the Petition be granted ; and that 
Justus Sacket one of the Petitioners and an Executor of the last 



lU 



Province Laws {Resolves^ etc.). — 1766-67. [Chap. 43.] 



Will & Testament of Eliakim Sacket late of Westfield deceased, 
be and hereby is impowered to make and execute a good deed of 
conveyance of the Land mentioned in the Petition to said Isaac 
Bartlett, agreable to the Condition of the Obligation which said 
Eliakim Sacket in his life time gave to said Bartlett. \^Passed 
June 20. 



CHAPTER 43. 



Legislative 
Records of the 
Council, XX vi., 
268. 

Mass. 
Archives, 
cxxv., 3i5. 
House Jour- 
nal, pp. 92, 93. 
Ante, p. 50, 
chap. 95. 



RESOLVE ALLOWING THE ACCOUNT OF THE PROVINCE TREASURER 
FROM MAY 29, 1765, TO MAY 28, 1766, AND DISCHARGING HIM OF 
£122,776. 9. 2. 

The Committee to whom was referred the Examination of the 
Accounts of Harrison Gray Esq' Treasurer and Receiver General 
of his majesty's Revenues within his Province of the Massachusetts 
Bay in New England, beginning the 39^'' of May 17G5 ending the 
28'" of May 1766 having attended that Service upon examining the 
same find them right cast and well vouch'd, by which it appears 
that the said Accomptant charges himself with the Sum of Seventy 
nine thousand, five hundred forty nine pounds, nine shillings and 
two pence, being so much due for Taxes as represented by his last 
Accompts: Also with the Sum of One hundred thirty one thousand, 
nine hundred forty eight pounds one shilling, the balance due by 
last Accompts: with the Sum of Fifty two thousand, six hundred 
fifty nine pounds and seven pence laid upon Polls and Estates by 
virtue of an Act of the General Court, passed at their Session in 
May 1765. Also with the Sum of Twenty thousand, seven hundred 
forty one pounds, eight shillings received for Bills of Exchange 
drawn on Jasper Mauduit Esq'' Also with the Sum of Twelve thou- 
sand three hundred, eighty five pounds borrowed of sundry persons 
by virtue of an Act passed the Great and General Court at their 
Session in May 1764. Also with the Sum of Two hundred pounds 
received of Thomas Foster Esq' which Sum he received out of 
the Treasury as Agent for the Town of Plymouth for repairing the 
Town Beach, which Sum the Town refused to accept of, upon the 
Condition it was granted. Also with the Sum of One thousand 
pounds received of M' Commissary Hubbard being the profits of 
the Indian Trade. Also with the Sum of Sixteen hundred, seventy 
one pounds, one shilling and ten pence received of the Farmers of 
Excise upon Tea, Coffee &c With the Sum of Eleven thousand four 
hundred fifty eight pounds, fifteen shillings & four pence received of 
the Collectors of Excise upon Spirituous Liquors. With the Sum of 
Two pounds received of Justice Brown for Fines. With the Sum 
of Three pounds, ten shillings of Col" Warren for Fines. With tlie 
Sum of Thirty pounds received of Sheriff Pearson for Fines. With 
the Sum of Twenty six pounds seventeen shillings and eight pence 
received of his Honour Thomas Hutchinson Esq' for Lands taken 
in Execution upon £100,000 Loan. Also with the Sum of Twelve 
hundred thirteen pounds, eight shillings, and eleven pence received 
of James Russell Esq' Commissioner of the Impost Duties. All 
which Sums amount to Three hundred and twelve thousand, eight 
hundred, eighty eight pounds, twelve shillings and six pence. 

The Committee further find that the said Accomptant discharges 



[IsT Sess.] Province Laws {Resolves^ etc.). — 176(3-67. 135 

himself by sundry payments and disbursments by Order of the Gov- 
ernor and Council amounting to Nineteen thousand and nineteen 
pounds, eight shillings and one penny. Also by sundry Government 
Securities burnt by a Committee of both Houses, amounting to 
Ninty three thousand, one hundred sixty four pounds, nineteen 
shillings and eight pence the Interest included. Also with the Sum 
of Ten thousand five hundred and ten pounds, thirteen shillings 
and four pence paid the Possessors of Government Securities for 
one years interest from May 1765 to May 1766. Also by a remittance 
of Bernard Town Taxes for 1763 & 1764 amounting to Thirty nine 
pounds three shillings and four pence. Also by a remittance of Hunts 
Town Taxes for 1762, 1763 & 1764 amounting to Forty two pounds 
fourteen shillings and nine pence. Also by Taxes still outstanding, 
amounting to Eighty five thousand, one hundred thirty nine pounds, 
sixteen shillings and five pence. And by balance in hand further to 
account for One hundred and four thousand nine hundred seventy 
one pounds, sixteen shillings & Eleven pence. All which Sums 
amounting in the whole to Three hundred, twelve thousand, eight 
hundred eighty eight pounds twelve shillings and six pence. 
Whereupon the following Order passed the Court viz* 
Resolved That the Treasurer be and hereby is discharged of the 
several Payments in the foregoing Account amounting to One hun- 
dred twenty two thousand seven hundred and seventy six pounds 
nine shillings & two pence. And that he be further accountable for 
the Sum of Eighty five thousand, one hundred and thirty nine 
pounds sixteen shillings and five pence outstanding Taxes due from 
the several Towns when received into the Treasury. And the further 
Sum of One hundred and four thousand, nine hundred and seventy 
one pounds, sixteen shillings and eleven pence balance in hand. 
{^Passed June 20. 



CHAPTEE 44. 

VOTE APPOINTING A COMMITTEE TO BURN GOVERNMENT SECU- 
RITIES. 

In Council Legislative 

Voted that Thomas Hubbard, Andrew Belcher, & James Pitts coS^ctf.xxv^i!; 
Esq" with such as the hon**'^ House shall join, be a Committee in ArcM^es^ dv 
the Eecess of the Court, to repair to the Treasurers, take an Account 384. 
of y" Province Securities, which may have been redeemed by him, House Jour, 
see them consumed to Ashes, and make report, at the next sitting ^^^' ^^' ^^*' 
of the General Court 

In the House of representatives 

Eead & Concurrd & M"^ Speaker M"" Hall M' Hancock & M"" Sheafe 
M' Otis & M' Adams are joynd in the Affair. {Passed June 21. 



136 



Province Laws {Besolves, etc.). — 1766-67. [Chaps. 45, 46.] 



CHAPTER 45. 



RESOLVE RELEASING A CERTAIN TRACT OF LAND TO BENJ* GOOD- 
RICH AND OTHERS. 



Legislative 
Records of the 
Council, xxvi., 
271. 

House Jour- 
n.al, p. 241 
(February, 
1766) ; pp. 82, 
99, 105, 106. 
Ante, 13. 64, 
Chap. 120. 



On the Petition of Charles Goodrich in behalf of BenJ" Good- 
rich, Daniel Goodrich, Benjamin Goodrich Jim'', Samuel Goodrich 
Nathan Goodrich, Jeremiah Osborn, Hezekiah Osborn Dudley Dem- 
ming, Joshua Simons, Eleazer Deming, Hezekiah Talcot and Israel 
Talcot, presented to the last Court & referred to this time, Praying 
that they might be admitted to purchase of this Government the 
unappropriated Land in this Province West of Pittsfield. 

[Read and] 

Resolved That all the Right and Title of this Province in and to 
a certain Tract of Land lying Westward of Pittsfield in the County 
of Berkshire, bounded Eastward by the Township of Pittsfield afore- 
said, Northward by a Line of the same course by the North Line 
of the said Pittsfield, running from the Northwest corner of the 
said Pittsfield to a Line running from the Northwest corner of the 
Oblong, to the Northwest Corner of Williamstown, Westward by 
the Line last mentioned, Southward by a Line of the same course 
with said Pittsfield South Line, and running from the said Pitts- 
field Southwest Corner to the aforesaid Line running from the said 
Oblong Northwest Corner to the Northwest Corner of Williamstown 
aforesaid. Always excepting Five hundred Acres within the Lines 
aforesaid viz* Two hundred Acres owned by Joseph Barker, and 
Three hundred Acres owned by Ephraim Keys; the said Tract 
exclusive of said five hundred Acres, supposed to be in quantity 
six thousand three hundred and thirty six Acres, be released and 
quitclaimed to the abovenamed Petitioners, and Samuel Lamb and 
Theophilus Bishop. To have and to hold one fourteenth part of the 
above described Premises to each of the above named Petitioners, 
and the said Samuel Lamb and Theophilus Bishop in fee Simple. 
Provided They will pay or give good security for the payment to 
this Government of Three hundred and sixteen pounds, sixteen shil- 
lings lawful money within twelve months. \^Passed June 21. 



CHAPTER 46. 



Legislative 
Records of the 
Council, xxvl., 
273. 

House Jour- 
nal, pp. 91, HO. 



RESOLVE IMPOWERING ERASTUS SACKETT TO PROSECUTE AN ACTION. 

A Petition of Erastus Sackett of Pittsfield Setting forth That 
certain differences arising between him and his Brother Jesse Sacket 
on the one part, and their Mother Abigail Sacket Widow of their 
late Father Joseph Sacket deceased on the other part they sub- 
mitted the matters in controversy to the determination of Referrees, 
who by their Award dated IS"" October IToT ordered that the Peti- 
tioner and his said Brother Jesse should each of them pay to their 
said Mother thirty five shillings a year in lieu of her dower; in pur- 
suance of which Award lie became bound to his said Mother for the 
payment of thirty five shillings a year as aforesaid, and accordingly 
paid her the same, the first year, and has from year to year for 
divers years since tendered the payment of said Annuity, as it 



[1st Sess.] Province Laws {Resolves, etc.). — 1766-67. 137 

became due; but she the said Abigail hath refused to receive it, and 
brought an Action for lier dower and recovered the same of and in 
a Messuage in Pittstiehl part of the deceaseds Estate settled on the 
Petitioner. That said Abigail's Bond of submission upon which the 
Award was founded, was given jointly to tlie Petitioner and his said 
Brother Jesse, by whose Coven and Collusion it is, that his said 
Mother has brought her Action aforesaid, and therefore he justly 
apprehends he may be defeated by his said Brother in case he should 
bring his Action on the said Bond for remedy. And praying the 
interposition of this Court for his Relief. 

[Read and] 

Resolved That the prayer of the said Petition be granted. And 
that the said Erastus Sacket be, and hereby is impowered to com- 
mence and prosecute his Action on the Bond of submission in his 
Petition mentioned in the same manner as if he was named sole 
Obligee therein. And that the Court or Courts before whom the 
said Action may be, are hereby impowered to hear and determine 
the same, to give Judgment and award Execution therein for said 
Erastus for his just debt or damages and Cost, as if the said Jesse 
was not named in said Bond. {^Passed June 21. 



CHAPTER 47. 

RESOLVE IMPOWERING SAM'- GILL, PICKELLS GUSHING, AND BENJAMIN 
LINCOLN, JR., TO SELL REAL ESTATE. 

A Petition of Samuel Gill jun"" and Sarah his Wife, Pickells Legislative 
Cushing and Abigail his Wife, and Benj^ Lincoln jun' Guardian to c^unc*if xiv"!*^ 
Lucy Hatch, the said Sarah, Abigail, and Lucy, being all the sur- 273. 
viving Children and Heirs of Ebenezer Hatch late of Pembroke House Jour- 
deceased Setting forth That the said deceased died Intestate in if4 ; ^'^rJ^'ince 
the year 1756, and that his whole Real Estate consists of a small Laws.u., isi, 
dwelling house and Barn and forty odd Acres of Land lying in ^" 
Pembroke, which has been hitherto rented for the benefit of the 
said Children, and their Mother, but is now much out of Repair, 
and as two of the said Children are settled in other Towns, and 
the Mother is desirous to receive her proportion of the Interest 
money arising on the Sum the Estate may sell for in lieu of her 
Dower Praying that the said Samuel Gill, Pickells Cushing and 
Benj^ Lincoln may be impowered to sell the said Estate, they ac- 
counting with the Judge of Probate for the County of Plymouth 
for the proceeds thereof. 

[Read and] 

Resolved that the prayer of this Petition be granted ; and that 
the within named Samuel Gill Pickells Cushing and Benj* Lincoln 
jun' be, and they hereby are impowered to make sale of the premises 
mentioned in this Petition for the most the same will fetch, and to 
make and execute a good deed of conveyance thereof in Law to the 
purchaser; they observing the direction of the Law respecting the 
Sale of Real Estates by Executors and Administrators, and giving 
proper caution to the Judge of Probate for the County of Plymouth 
that the proceeds arising by such Sale be applied to the purposes 
mentioned in this Petition. \^Passed June 21. 



138 



Province Laws {Resolves, etc. ) . — 1766-67. [Chaps. 48-50.] 



CHAPTER 48. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE- 
SEX COUNTY. 



Legislative 
Records of the 
Council, xxvi., 
274. 

House Jour- 
nal, pp. U, 110. 



The Account of James Russell Esq' Treasurer of the County 
of Middlesex being laid before the Court for allowance, the follow- 
ing Order passed thereon viz' 

Resolved That the within Account, being right cast and well 
vouch'd be accepted : and that the Treasurer be discharged of the 
Sum of Two hundred thirty nine pounds, tliree shillings and seven 
pence, which he has paid by order of the Court of Sessions; and 
that the balance being the Sum of Three hundred seventy four 
pounds, seventeen shillings and one penny still remaining due to the 
County, the said Treasurer be further accountable for. \^Passed 
June 21. 



CHAPTER 49. 



ORDER APPOINTING A COMMITTEE TO TAKE THE SECURITIES FOR 
THE PAYMENT OF LAND SOLD BENJ* GOODRICH & OTHERS. 



Legislative 
Records of the 
Council, xxvi., 



Ante, p. 136, 
chap. 45. 



In the House of Representatives. 

Ordered that M"^ Hawley & M'' Johnson be a Committee with such 
as the Hon'''® Board shall join to take the Securities for the payment 
of the monies into the Province Treasury for the Lands in the West- 
ern parts of this Province, lying AVestward of Pittsfield in the County 
of Berkshire, to be sold to Benj* Goodrich, Daniel Goodrich, Ben- 
jamin Goodrich jun' and Sam' Goodrich, Nathan Goodrich, Jere- 
miah Osborn, Hezekiah Osborn, Dudley Deming, Joshua Simons, 
Eleazer Demming, Hezekiah Talcot and Israel Talcot, Samuel Lamb 
and Theophilus Bishop. 

In Council, Read and Concurred, and Royall Tyler Esq' is joined 
in the affair.' \^Passed June 24. 



CHAPTER 50. 



ORDER REMITTING TO THE TOWN OF UXBRIDGE £10 FINE FOR NOT 
SENDING A REPRESENTATIVE. 



Legislative 
Records of the 
Council, xxvi., 
277. Mass. 
Archives, 
cxvlll., 191. 

Mass. 
Archives, 
cxvlii., 191. 
House Jour- 
nal, pp. 118, 119. 
Province 
Laws, iv., 825, 
chap. 18; 866, 
note. 



A Petition of Ezekiel Wood Agent for the Town of Uxbridge 
praying that in consideration of the great charge they have been 
at within two years last past, and great loss of Inhabitants in the 
year 1762 by a mortal and distressing distember with the expence 
and damage consequent thereon; the Fine laid on said Town the 
last year for not sending a Representative may be remitted. 
In the House of Representatives 

Read & 

Orders, that the Prayer of this Pet° be granted & that the Treas- 
urer be & is hereby directed to pay unto M"" Ezek' Wood for the Use 

' Not found in the House Journal. 



[1st Sess.] Province Laws (Resolves, etc.). — 1766-67. 139 

of the said Town of Uxbridge the Sum of Ten Pounds a fine laid 
on them by this House for neglecting to send a Representative the 
last year 

In Council 
Read and Concurred. [Passed June 24. 



CHAPTER 51. 

RESOLVE ALLOWING £5. 2. 8 TO FRA" LE BLANC, ETC, LegiBlatlve 

Records of the 
. T T 1 re Council, xxvl., 

Resolv^ that the prayer of the Petetion of Francis Le Blanc [for 278. Mass. 
assistance. — Mass. Archives, xxiv., 572] be so far granted that the xxiVJstt'. 
Sum of five pounds Two Shillings and Eight pence be paid out ^^^ ~~ 
of the Province Treasury to pay the Docters Bill as Set forth in ^^i^^'l^j 573 
the s*^ Francises Petetion and that the Town of Brimfield and South Legislative 
Brimfield be notefied that they may Shew Cause if any They have c^X^f, xlv^^ 
on the Second Tuesday of the Next Setting of this Court why the "^JuriSufp. 75, 
Sum of five pounds Two Shillings and Eight pence Should not be 76, 81, 11s. 
aded to their next years Province Tax. [Passed June 24. lIxvs.^i'v., 995, 

note. 



CHAPTER 52. 

RESOLVE IMPOWERING THE ASSESSORS OF THE TOWN OF SHUTES- 
BURY TO ISSUE WARRANTS TO CONSTABLES FOR THE COLLECTION 
OF TAXES. 

A Petition of Eben'' Child and Others Assessors of the Town Legislative 
of Shutesbury Setting forth That in the year 1765 they assessed g^;i°"en'xxv^i^, 
the Inhabitants of said Town, but neglected giving a Warrant to 273. 
the Constables for collecting the same until other Constables were House Jour, 
chosen the next year: And praying that they may be authorised to Provmc" ' ' ^^''' 
issue their Warrants to the Constables for the said year, and that ^qj'^^' *^-' ^^^' 
such Warrant be accounted valid. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the assessors of the Town of Shutesbury for the year 1765 be and 
hereby are impowered and directed to issue their Warrants for col- 
lecting the Town «& County Tax committed to the Constables of 
the said Town of Shutesbury for the Year 1765 to collect, notwith- 
standing the time being elapsed for issuing the same: And the Con- 
stables for the year 1765 are also hereby directed and impowered 
to observe the same and to compleat their Collections, and pay in 
the same as by their said Warrant they shall be required and directed. 
[Passed June 24. 



140 



Province Laws {Resolves, etc.). — 1760-67. [Chaps. 53-55.] 



CHAPTER 53 



Legislative 
Records of the 
Council, xxvi., 
278. Mass. 
Archives, 
Ixxx., 609. 

Mass. 
Archives, 
Ixxx., 608. 
Legislative 
Records of the 
Council, xxvi., 
262,270. House 
Journal, pp. 76, 
118. Ante, 
p. 128, chap. 31. 



RESOLVE ALLOWING TEN MEN ADDITIONAL FOR THE DEFENCE OF 
CASTLE WILLIAM, AND ESTABLISHING THE PAY THEREOF. 

Resolved that there be allowed Ten Men in addition to the twenty 
one privates allowed the 12"" Ins' for the Defence of his Majesty's 
Castle AVilliam upon the Establishment of One pound four shillings 
<g) Month each. \^Passed June 24. 



CHAPTER 54. 



RESOLVE GRANTING 8,r)44 ACRES OF EQUIVALENT LAND TO HENRY 
YOUNG BROWN. 



Legislative 
Records of the 
Council, xxvi., 
280. Mass. 
Archives, 
cxviii., 195. 



Mass. 
Archives, 
cxviii., 192, 193. 
Legislative 
Records of the 
Council, xxvi., 
186,276. House 
Journal, p. 115. 
Province 
Laws, xvii., 
175, chap. 404; 
466, chap. 223. 
Ante, p. 66, 
chap. 125. 



Resolvd that there be granted to the Petitioner [Henry Young 
Brown] Eight thousand five hundred & forty four Acres of Land 
adjoyning to the Eastwardly Part of his Township or to either of 
the two other Townships laid out at or near Pigwackett so called, 
one laid out to Coll° Joseph Fry, the other to the Town of Rowley 
Canada he giving Bond to the Province Treasurer to settle the same 
with Eighteen Familys in six years from the Confirmation of a Plan 
of said Town which he is to return for Acceptance in one year And 
also giving a full Discharge from any further Demands on this Gov- 
ernment for the Aforesaid Quantity of 8,544 Acres taken off from 
the West Side of his Town by the Line run by order of this Court. 
\^Passed June 25. 



CHAPTER 1^5. 



Legislative 
Records of the 
Council, xxvi., 
280. Mass. 
Archives, 
cxviii., 195. 

House Jour- 
nal, pp. 52, 99, 
120, 121. Ante, 
p. 106. chap. 
222. Supra, 
chap. .54. 



RESOLVE IMPOWERING HENRY YOUNG BROWN TO DEFEND ALL 
ACTIONS BROUGHT AGAINST HIM IN REGARD TO LAND BOUGHT OF 
THIS PROVINCE. 

Resolvdi\\a.t the Pef [Henry Young Brown] be & is hereby directed 
to defend all Actions that are or shall be brot against him for Lands 
purchasd of tliis Province to the Eastward of the Line run by order 
of this Court last march, at the Expence of this Province ; he being 
directed to do his Endeavor to get all Actions against him or those 
under him continued till the final Settlement of the Line run be- 
tween the Province of New Hampshire & the Province of Main so 
called. And that the Pef be directed to prosecute, at the Expence 
of this Province, such Person or or ' Persons as have or shall enter 
on said Land under the Title of New Hampshire to the Eastward 
of the Line run last march by Order of this Court; he following the 
Directions of this Court relative thereto. And that he have 

Liberty to draw out of the Treasury of the Province Twenty Pounds 
for that Purpose for which he is to be accountable. \^Passed June 25. 

' Sic. 



[1st Sess.] Province Laws {Jiesolves, etc.). — 1766-67. 141 



CHAPTEK ryC). 

RESOLVE ESTABLISHING THE BOUNDS BETWEEN THE TOWNS OF WAL- 
THAM AND WESTON. 

A Petitiox of Abraham Bigclow in behalf of the Town of Wes- Legislative 
ton, praying for a Settlement of the Line between the said Town of coum-lf x xv*!^ 
Weston and the Town of Waltham. 219, 280.' 

Read and Accepted and thereupon Legislative 

Resolved, That the Bounds between the Towns of Waltham and cmmcu. xxv*!!; 
Weston as hereafter described from Thachers Meadow to Coal Pit w«, i4o, ith, 272. 
bottom so called, are, and ought always to have been the Line nai.p. 125. 
between the said Towns, and so to remain forever viz'' beginning 
at a stake and heap of Stones in Thacher's Meadow so called, and 
from thence Westerly to a heap of Stones on a Ridge hill formerly 
Abijah Wheeler's, and from the last mentioned Bounds Westerly 
to a heap of Stones at or near the Coal pit bottom so called, and 
from thence by the mutual agreement of the agents of said Towns 
authorised for that purpose, the Bounds to run from the aforesaid 
Coal pit Bottom to the Southeast corner of the Land of Abraham 
Bemis, and then with the South Line of the said Bemis's possession 
to Lincoln Town line, including all the said Bemis's Land to the 
Town of Waltham, and part of the Land formerly belonging to the 
said Town of Waltham now in possession of Nathan Fisk, Samuel 
Pierce and the Heirs of Daniel Warren deceased, to be and remain 
to the Town of Weston; and that the Bounds above described be 
the Line between the Towns aforesaid from the said Coal pit bottom 
to Lincoln Town Line forever hereafter, not to affect private Prop- 
erty. [Passed June 25. 



CHAPTEK 57. 

RESOLVE CONFIRMING A PLAT OF 1,200 ACRES OF LAND TO COL^ 

TAILER'S HEIRS. 

The Heirs of William Tailer Esq' deceased presented to the Legislative 
Court for their allowance Plans of two Tracts of Land laid out in coXu,xxv^^, 
virtue of a Grant of the General Court in June 1765 viz*- One Tract a^^s. Mass. 

• • ArcliivGB 

containing Eight hundred Acres bounded as follows viz*^ beginning xivi., ssu! 
at the Northwest corner of Tyringham Equivalent at a Hemlock Mass. 
marked with Stones about it, thence runing N° 20 deg^ East 170 xrvi^ssl' 
Rods on unappropriated Land to a Beach markt with Stones about Maps and 
it, thence E. 9, deg** South 800 Rods on unappropriated Lands to xiv^s.^^ilouse 
a Stake and Stones on Blanford Line thence on Blanford Line S. 20 \^^^x^:^lnu 
deg^ W. 170 Rods to the Southeast Corner of Tyringham Equiva- p. Kciiap.ss.' 
lent to a Beach markt with Stones about it, thence W. 9 deg^ N. on 
said Equivalent Line 800 Rods to the first mentioned Bounds, in- 
cluding part of three small Ponds. The other Tract containing four 
hundred Acres a Pond of about five Acres included, laid out in the 
County of Berkshire, bounded as follows viz*^ beginning at the East 
end at a Hemlock Tree markt, with Stones about it, which is the 
Corner of Furnis's Grant reputed to be, from thence run N. 20 deg^ 
E. 80 Rods to a Beach markt with Stones, thence run W. 20 deg^ 



142 



Province IjAVfs (^Resolves, etc.). — 1766-67. [Chaps. 58, 59.] 



N 210 Rods on unappropriated Lands to a Hemlock markt with 
Stones about it, thence turn'd N, 20 deg* E. 160 rods to a Hemlock 
markt with Stones, thence W. 20 deg^ N. 200 Rods to a Beach 
markt with Stones about it then S° 20 deg' W. 240 rods to a Hem- 
lock markt with Stone about it on Granville Line thence on Gran- 
ville Line E. 20 deg^ S. 410 Rods to the first mentioned Bounds, 
one Rod in 20 Sag of Chain. 

[Read and] 

Resolved That the witliin Plans, One of four hundred Acres of 
Land bounded Southerly 410 Rods on Granville Line; the other 
Plan of Eight hundred Acres of Land bounded Southerly eight 
hundred rods on Tyringham Equivalent be accepted, and hereby 
is confirmed unto the legal representatives of the Hon^'® William 
Tailer Esq' deceased, their Heirs & Assigns forever in full satisfac- 
tion of the Grant of twelve hundred Acres made by this Court to 
the said Representatives. Provided both said Plans do not exceed 
the quantity of Twelve hundred Acres nor interfere with any former 
Grant. [^Passecl June 25. 



CHAPTEK 5S. 



RESOLVE IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY 
OF BRISTOL IN THE DISTRIBUTION OF TWO ESTATES NAilED TO 
CONSIDER THEM AS ONE. 



Legislative 
Records of the 
Council, xxvi., 

House Jour- 
nal, pp. lis, 123. 



A Petition of Joshua Leonard and Others Heirs of Zephaniah 
Leonard and Hannah Leonard late of Taunton deceased Intes- 
tate Setting forth That the said Ilannali died seized of several 
Tracts of Land given her by her Grand father John King of Rayn- 
hani. And praying that the Judge of Probate for the County of 
Bristol may be impowered to order a Division of the said Hannah's 
Estate to any one or more of said Children, as tho' the said Estate 
had been given to the said Zephaniah, or he had died seized of the 
same in his own right 

[Read and] 

Resolved that the prayer of the Petition be granted, and that the 
Judge of Probate for the County of Bristol be, and hereby is au- 
thorised in making a distribution of the said Zephaniah and Han- 
nah's Real Estates to consider them as if one Estate only, and after 
such distribution made, to assign to the several Heirs their respec- 
tive parts of the same agreable to the Laws of this Province, rela- 
tive to the distribution and settlement of Real Estates. \^Passed 
June 25. 



CHAPTER 59. 



Legislative 
Records of the 
Council, xxvi., 
284. Mass. 
Archives, 
Ixxxviii., 190. 



RESOLVE ALLOWING £1,3.')0 WITH INTEREST TO BENJ^ HALLO WELL, JR. 

A Petition of Benj^ Hallowell Esq^ Setting forth That on 
the 26"" of August last his House was violently entered by a con- 
siderable number of persons unknown, and among other things then 
carried off by them, was a Receipt or Prommissary note signed by 



[1st Skss.] PiiOvixcK Laws {Resolves, etc.). — 176<)-67. 143 

the Treasurer of this Province, dated T^ August 1704 for the Sum MasB. 
of .£1,;)'')() payable to the Petitioner in June 1700, on which is en- ^ x^xlm^,' i8i). 
dorsocl one years interest and no more. And praying tluit the said [^^""^f/®"'!;^ 
Sum with tlie Interest that may be due thereon may be paid him 121.' ''i'rov'ince 
out of the Province Treasury. note."' '^•' ''^^' 

[Read and] 

Resolved, that the Prayer of the Petition be granted, and that 
the Treasurer be & he hereby is directed to pay to the Petitioner 
(IJenjamin Ilollowell jun') tlie Sum of Thirteen hundred and lifty 
Pounds with the Interest due thereon to this Day in full for tlie 
Note within mentioned, he first giving sufficient Caution to the 
Treasurer of this Province to save harmless the s'* Province from 
being obliged to pay the same Sum & y'^ Interest due thereon to 
any Person or Persons hereafter. \^Passed June 25. 



CHAPTER 60 



RESOLVE IMPOWERING JOSIAH TILTON, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Josiah Tilton of Martha's Vineyard Admin'' of ^|f^5.^^a"Jf®tj,g 
the Estate of Stephen Look hite of Tisbury deceased Setting council, xxvi., 

forth That the deceaseds personal Estate is insufficient to pay his ?!5^ 

Debts. And praying leave to sell so much of his Real Estate as is ^^i"pp;^i*^3]'i.2s. 
requisite for that purpose agreable to a Certificate herewith pre- Proviuce ' 
sent[ed] from the Judge of Probate for Dukes County. chap^io."' ' ' 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the Petitioner Josiah Tilton, be and hereby is impowered to make 
Sale of as much of the Real Estate of the within named Stephen 
Look deceased as to amount to the Sum of Ninety three pounds to 
pay the said deceaseds Just debts, and the Charges of said Sale, and 
to make and execute a good deed or deeds to the purchaser thereof, 
he observing the directions of the Law for the Sale of Real Estates 
by Executors and Admin" and giving sufficient caution to the Judge 
of Probate for the County of Dukes County, that the money aris- 
ing by said Sale be applied for the purposes mentioned. \^Passed 
June 26. 



CHAPTER 61. 

RESOLVE IMPOWERING ELIZABETH RIDER, ADM^ TO EXECUTE A DEED. 

A Petition of Esther Rider of Douglass Setting forth That Legislative 

her dwelling House hath lately been consumed by Fire, and in it councu.xxvi., 

a deed from her Son Joseph Rider since deceased, of the said House, Archi^vesfxix., 

and Land thereto belonging, which deed is not recorded. And pray- 746. 

ing that her said Son's Widow Elizabeth Rider who administred Mass. 

upon his Estate may be directed to renew the deed of the Premises ^5?*"Hou8e^'' 

to the Petitioner. n^n-'^ViK 

rT> J n pp. ii-,i-:b. 

[Read and] 

Resolved that the prayer of this petition be granted & that the 

within named Elizabeth Rider in her Capacity of Administratrix 



144 



Province Laws {Resolves, etc.). — 17(j()-67. [Chaps. t;2, 03.] 



be and hereby is impowered to make and Execute a good & Suffi- 
cient Deed in the Law, unto the Petitioner Esther Rider, of the 
land mentioned in this petition, And that the same be Confirmed 
unto the said Petitioner in as Effectual a manner to all intents & 
purjDOses, as was before said Deed was Consumed. [PassedJti7ie26. 



CHAPTER 62 



Legislative 
Records of the 
Council, xxvi., 

287. 

House Jour- 
nal, pp. 126, 128, 
r>y, 131. Prov- 
ince Laws, ii., 
151, cliap. 10. 



RESOLVE IMPOWERING W" KITTERIDGE, ADM", TO SELL LAND. 

A Petition of William Kitteridge Admin' of the Estate of Glode 
Longon late of Tewksbury deceased Setting forth That he hath 
already, by order of this Court sold two thirds of the Real Estate 
of the said deceased for the payment of his just debts, except 
twelve acres of Land: that the allowance made to the AVidow and 
the small debts still unpaid amount to more than the value of the 
said, twelve Acres. And praying that he may be impowered to make 
sale of the said twelve Acres for the purposes aforesaid. 

[Read and] 

Resolved That the prayer of this Petition be granted, and the 
Petitioner be, and hereby is impowered to make sale of the premises 
for the most the same will fetch, and make and execute a good deed 
to the j)urchaser, he observing the directions of the Law for the 
Sale of Real Estates by Exec" and Admin", and giving proper cau- 
tion to the Judge of Probate for the County of Middlesex, that 
the proceeds arising by said Sale shall be applied so far as shall be 
necessary to the purposes mentioned in this Petition, and the Over- 
plus, if any be, to be distributed among the Heirs of said deceased, 
agreable to the directions of the Law: the said Admiir to be ac- 
countable to the Judge of Probate for said County for the time 
being touching his proceedings in the Premises, when thereunto 
lawfully required. [Passed June 26. 



CHAPTER G3. 



RESOLVE IMPOWERING JOHN TUDOR, GUARDIAN, TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, sxvi., 
289. 

House Jour- 
nal, pp. 68, 130. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of John Tudor of Boston Guardian of Mary Sigourney 
a Minor Setting forth That said Minor in right of her Grandfather 
James Varney is intituled to one fifteenth part of his Real Estate, 
part whereof lyes in Boston, and part in Worcester, the whole Ap- 
prized at Nineteen pounds; but so situated as to be incapable of a 
Division, nor is it of any benefit as now circumstanced, to the said 
Minor. And as she has no other Estate to support herself. Praying 
that he may be impowered to make Sale of said Estate for the benefit 
of said Minor. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that 
the Petitioner be and is hereby impowered to make Sale of the 
whole of said Minor's Real Estate therein mentioned for the most 
the same will fetch, and the monies arising by such Sale to be put 
to Interest for the benefit of said Minor, and to make and execute 
a good deed or deeds in Law to the purchasers, he observing the 



[1st Sess.] Province Laws {Resolves, etc.). — 176G-(i7. 14:5 

directions of the Law respecting the Sale of Real Estate by Exec" 
and Admin" and to give proper caution to the Judge of Probate 
for the County of Suffolk that the monies be applied for the pur- 
poses mentioned. \^Passed June 27. 



CHAPTER 64. 

RESOLVE WITH STAY OF EXECUTION IMPOWERING CADWAL»=¥ FORD 
TO BRING FORWARD A WRIT OF REVIEW. 

On the Order of this Court of the 6^'' Instant upon the Peti- ^If^^'^s^Jfthe 
tion of Cadwallader Ford, \^ante, p. 117, chap, 5] the following council, xxvi., 
Resolve passed viz*^ — '- 

Whereas the foregoing Order of this Court was signed by his Su^pp'^iel'se, 
Excellency the Governor so late as that the Petitioner had not oppor- ^^\y/^'^ll\ . 
tunity to bring forward his Writ of Review to the Superior Court ' '^ '^^^' 
then next to be holden at Falmouth. Therefore 

Resolved That the Petitioner have liberty to bring forward said 
Writ to the Superior Court to be holden at Falmouth in the County 
of Cumberland on the last Tuesday of June 1767; and that the Jus- 
tices of said Court be, and they hereby are authorised to try the 
said Cause, render Judgment and award execution thereon accord- 
ingly. And that Execution on the former Judgment be in the mean- 
time stayed. \^Passed June 27. 



CHAPTEE 65. 

ORDER ALLOWING £2. 12. 6 TO CALEB WILDER. 

In the House of Representatives. Records"ofVe 

Ordered that the Sum of Two pounds twelve shillings and six- council, xxvi., 

pence be allowed and paid out of the public Treasury to Caleb '— 

Wilder Esq'' for his attendance on this House at their direction. ^""pp.'iss.^ise. 
In Council, Read and Concurred. [^Passed June 27. 



CHAPTER 66. 

RESOLVE ALLOWING 40/ ANNUALLY TO GEORGE GIER. 

A Petition of George Gier of Grafton Setting forth That he Legislative 
was a Soldier under Cap' Paige in the pay of this Province in 1760, counc'lf.xxv'i?, 
and in his return from Crown point, besides enduring twelve Weeks 295. Mass. 
sickness on the Road, he had the misfortune to freeze both his feet, ixxx., .599. 
and thereby lost all his Toes, whereby he is rendered in a great Mass. 
measure unable to support himself. And praying Relief. bcxx.^^598. 

[Read and] House Jour- 

Resolved that the Prayer of the Petition be Granted & That the '^^•pp* • 
Sum of Forty Shillings be Annually paid into the Hands of M"" 
Ephraim Sherman out of the Province Treasury to be improved 
towards the support of the Petitioner till the Further order of this 
Court. [Passed June 28. 



146 



Province Laws {Resolves, etc.). — 1766-67 . [Chaps. 67-70.] 



Legislative 
Records of the 
Council, xxvi., 
296. Mass. 
Archives, civ., 
404. 

House Jour- 
nal, p. 141. 
Province 
Laws, iv., 812, 
chap. 9. 



CHAPTEK 67. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY GOV NOTES 
REDEEMABLE JUNE 1766, WITH INTEREST. 

Ordered That the Interest On the Government Securities redeem- 
able in June 1766, deteermine and cease on the 20*'' of July Next, 
the money being Now ready in the Treasury to discharge the Same ; 
and that the province Treasurer be & hereby is directed forthwith 
to give Notice thereof in all the publick News papers Accordingly. 
[Passed June 28. 



Legislative /^TTA'P'T'Tr'T? (\Q. 

Records of the l^ Xl i\- ±^ 1 Jli Xt O O . 

Council, xxvi., 

296 Mass 

Archives, RESOLVE ALLOWING AN ARMOURER AT FORT POWNALL. 

Ixxx., 609. 

Archives, Resolved that there be allowed for Fort Pownal an Armourer, and 

ixxx.,608. that He be paid One pound, ten shillings ^ Month for his Service 
RecordVJftiie for One year. \^Passed June 28. 

Council, xxvi., 
282, 3t<8. House 

Journal, p. 144. " 

Ante, p. 128, 
chap. 31. 

CHAPTER 69. 

RESOLVE ALLOWING THE ACC" OF IND^ TRADE OF THE COMMISSARY 

GENERAL. 



Legislative 
Records of the 
Council, xxvi., 
297. Mass. 
Archives, cxx., 
.597. 

Legislative 
Records of the 
Council, xxTi., 
204. House 
Journal, pp. 15, 
36, 144. 



The Committee's severally appointed by the two Houses to ex- 
amine the Comissary General's Accounts, having reported that they 
had examined the same, and found them right cast and well vouched, 
the following Orders passed on them severally viz' 

Besolved That the Ace' be Allow'd and that the Commissary Gen' 
be Accountable for to the province for the ballance being Three 
thousand & fifty five pounds Seven Shillings & Eight pence Three 
farthings. [^Passed June 28. 



CHAPTER 70. 



Legislative 
Records of the 
Council, xxvi., 
297. 

House Jour- 
nal, pp. 15, 144. 
Supra, chap. 



RESOLVE ALLOWING THE PROVISION ACC" OF THE COMMISSARY 

GENERAL. 

On THE Commissary General's Account of Provisions pur- 
chased by him and issued. The Report read and accepted: And 
thereupon 

Besolved That the said Account be allowed, and that the twenty 
nine barrels of Pork, two Barrels of Beef, 6^4 bush'^ of Peas, the 
Commissary General be further accountable for to this Province. 
[Passed June 28. 



[1st Sess.] Fkovinck Laws (liesolves, etc.). — 1766-67. 147 



CHAPTER 71. 

RESOLVE ALLOWING THE GENERAL ACCOUNT ' OF THE COMMISSARY 

GENERAL. 

On the Commissary General's Account current. Legislative 

The Report was read and accepted; and thereupon CoSncn' xx v'l*' 

Resolved tha,t the Commissary General be further accountable for 2^^- 

the balance being Seventy seven pounds, nineteen shilliners and nine House Jour. 

pence. [Passed June 28. ^ fupfll^i^' 

70. 



148 



Province Laws {Resolves, etc.). — 1766-67. [Chaps. 72, 73.] 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-ninth Day of October, A.D. 1766. 



CHAPTER 72. 



Legislative 
Records of the 
Council, xxvi., 
301. 

House Jour- 
nal, pp. 148, 149. 
Province 
Laws, iii., 64, 
chap. 32; v., 
66, note. 



RESOLVE ADJOURNING THE COURTS OF WORCESTER COUNTY. 

Whereas the Court of General Sessions of the peace and Infe- 
rior Court of Common pleas are by Law appointed to be holden 
at Worcester for the County of Worcester on the first Tuesday of 
November next, and sundry of the Justices of said Courts, and 
other persons who are concerned in business there, are Members 
of the General Court; and tlie important Affairs of the Province 
now depending, require their attendance: Wherefore 

Resolved that the said Court of General Sessions of the peace, 
and Inferior Court of Common pleas Avhich by Law are to be holden 
at Worcester aforesaid on the said first Tuesday in November, be 
and hereby are Adjourned to the first Tuesday in January next, to 
be holden at the Court House in said Town of Worcester at ten 
o'clock on said day. And all pleas Writs Actions, Suits, Com- 
plaints, processes, Precepts, Recognizances and other matters or 
things whatsoever, returnable & having day of ' days in tlie said 
Courts, shall stand, abide and continue unto the said Adjournment, 
and be held, deemed & adjudged to be [as] " good, effectual and avail- 
able in Law to all intents and purposes whatsoever, as if such Courts 
had been held k, kept on the day by Law for holding the same, and 
no Adjournment thereof had been made. [^Passed October 29. 



CHAPTER 73. 



Legislative 
Records of the 
Council, xxvi., 
305. 

House Jour- 
nal, pp. 14, 163. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREAS» OF YORK COXTSTY. 

The Account of Daniel Moulton Treasurer for the County of 
York for the Year 1765 being laid before the Court for allowance 
the following Order passed thereon viz' 

Resolved That the within Account (being right cast and well 
vouched) be allowed : And that the Treasurer be discharged of the 
Sum of One hundred and thirty six pounds, two shillings & ten 
pence three farthings And that the balance due to the said Treas- 
urer being one pound seventeen shillings and three pence one far- 
thing the County be further accountable to him for. \^Passed 
November 3. 

» Sie. 

' Inserted from the House Journal, p. 149. 



[2d Sess.] Province Law.s (liesolves, etc.). — 1766-67. 14:9 



CHAPTER 74. 

RESOLVE IMPOWERING THE TOWN OF POWNALBORO TO CHOOSE A 
COLLECTOR OF TAXES. 

A Petition of Jonathan Williamson and Others a Committee Legislative 
of the Town of Pownalborongh ' Setting forth That the said coiS, xl v*}®. 
Town at their annual Marcii Meeting in 17G5 agreed to give two 307. 
shillings in the pound to any two Men that would agree to collect House Jour, 
the Taxes of that year, and give security therefor. Whereupon Job 9*,'i(i5','i5f,'i6«* 
Averel and Obadiah Call otfered themselves and were Accepted; £aw^g°[i^ ^^ 
but said Call being not legally warned to take the Oath of Office, note.' 
did afterwards when the assessors offered him the Kate Bills, refuse 
to take them, and they are not now by Law enabled to choose another 
Collector. Therefore praying that this Court could enable them now 
to choose another Collector in the room of said Call, or otherwise 
relieve them. 

[Read and] 

Resolved that the prayer of this Petition be so far granted, as that 
the Town of Pownalborongh be, and are hereby impowered, being 
legally assembled for that purpose, to choose a Collector to Collect 
the Taxes that should have been Collected the last year on the West- 
ern side of the said Pownalborongh, the time for choosing Town 
officers being elapsed notwithstanding. [^Passed November 4. 



CHAPTER 75. 

RESOLVE IMPOWERING PHILLIP TURNER AND RUTH WING, GUARDIANS, 
TO CONVEY REAL ESTATE UNDER CERTAIN CONDITIONS. 

A Petition of Butler Wing of Wareham Yeoman & Father of r®^'^^^*%® j^ 
Clifton Wing late of Eochester deceased, of Phillip Turner of said council, xxvi., 

Rochester Guardian to two of the Sons of the said Clifton and of ^— 

Ruth Wing of said Wareham Widow of said Clifton and Guardian na^il^pp'^s^ios 
of his only daughter Setting forth That on the 15*^^ of October lee.' 
1762 and on the 8*^^ of November 1764 the said Butler gave to his 
said Son Clifton Deeds of Sale of those dates; and the said Butler 
still remains seized of a certain Messuage Lands and Meadows and 
Buildings thereon situate in Rochester in Sippecan Great Neck so 
called which he agrees to Exchange for what is contained in the 
two Deeds aforesaid. And praying the Interposition of this Court 
to make the said Exchange valid. 

[Read and] 

Resolved that the prayer of the Petition be granted, and that the 
said Phillip Turner and Ruth Wing in their said Capacity, be, and 
accordingly are hereby impowered to convey to the said Butler Wing 
all the Right, Title and Interest the said Children have in the Lands 
the said Clifton Wing their Father deceased was Seized of at the 
time of his Death as mentioned in said Petition, and execute a good 
Deed thereof accordingly. Always provided that the said Butler 
Wing shall first make and execute a deed in fee to the said three 
Children of all the Lands and appurtenances he now owns in the 
Great Neck in Rochester to be by them inherited as if their said 



150 



Province Laws {Resolves^ etc.). — 176 6-6 7 . [ Chaps .76,77.] 



Legislative 
Records of tlie 
Council, xxvi., 
310. Mass. 
Archives, 
Ixxx., 622. 

Mass. 
Archives, 
Ixxx., 621. 
House Jour- 
nal, pp. 165, 169. 
Province 
Laws, xvii., 
442, chap. 148. 



Father had died seized of said Estate intestate : And provided always 
that the said Euth Wing the Widow shall hold a Eight of Dower in 
the same Lands and Buildings during her natural life, which the 
said Butler Wing shall so convey, as if her said Husband had died 
seized of the same in fee Simple. [^Passed November 5. 



CHAPTER 76. 

ORDER ALLOWING £8 ANNUALLY TO WILL" SNELL. 

A Petition of William Snell of Bridgewater Setting forth 
That he hath for several years during the late War served his 
King and Country, and had laid up Money; but that in his re- 
turn from Newfoundland in 1762 where he had served under Col° 
Amherst at the Eeduction of S*^ John's, he was cast away at Cape 
Sables from whence he came home Sick, and was confined to his 
Bed for seven months, and hath finally almost lost the use of both 
his Legs, and spent the most of his substance. That upon repre- 
sentation of his case to the Court, they were pleased to allow him 
Seven pounds a year for three years ; And praying for further Eelief . 

Eead & 

Orderd that the Petitioner be allowd a Pension out of the Pub- 
lick Treasury of Eight Pounds annually till the further Order of 
this Court the first Payment to commence the 30"" Day of Dec'' next. 
[Passed November 5. 



CHAPTER 77. 



Legislative 
Records of the 
Council, xxvi., 
310. Mass. 
Archives, cv., 
636. 

Mass. 

Archives, cv., 
635. House 
Journal, 
pp. 160, 161, 173. 



RESOLVE ALLOWING £8. 12 TO ISAAC BULLARD, EXECUTOR. 

A Petition of Isaac Bullard of Dedham Setting forth That 
one William Finley a North Briton who had been a Soldier in the 
pay of the Province in Col° IngersoU's Eegiment A D 1762 died at 
Crown point in October the same Year, and by his last Will and 
Testament appointed the Petitioner his Executor, and after devis- 
ing sundry small Legacies, bequeathed the Eesidue of his Estate 
to a Woman in said Town who had Nursed him in a former Sick- 
ness. That he had Eight pounds, twelve shillings due to him on 
Cap' Elisha Turner's Muster Eoll, which the petitioner applied for 
at the Treasury, but was told the same had been paid upon an Order 
to one who took upon himself the name of John Finley and assum- 
ing relation of Brother to the deceased. That the said deceased had 
no Eelation in North America, & the said Order evidently appears 
to be forged. And praying relief. 

[Eead and] 

Resolved that the Prayer of this Petition be so far Granted that 
there be allowed & Paid out of the Publick Treasury to the Peti- 
tioner the Wages Due to William Finley on Capt Elisha Turners 
Muster Eoll, being Eight pounds & Twelve Shillings for the Pur- 
poses mentioned in the said William* last Will & Testament. \^Passed 
November 5. 



[2d Sess.] Province Laws (liesolves, etc.). — 1766-67. 151 



CHAPTEE 78. 

RESOLVE IMPOWERING THE TOWN OF FREETOWN TO CHOOSE A COL- 
LECTOR OF TAXES. 

A Petition of the Selectmen and Assessors of the Town of Free- Legislative 
town Setting forth That one William Terry was chosen Constable c^X'n^ xx v*!^. 
in the year 1765 and Sworn accordingly, but before he had collected 3n. 
any part of the Taxes which were committed to him, the same amount- House Jour- ^ 
ing to £90.4.8 he removed out of Town and as they have no legal provinri^'* ^"' 
power to choose any person to collect the said Sum, Praying that no^e ^' '^■' ^^' 
they may be impowered by this Court for that purpose. 

[Read and] 

Jiesolved that the prayer of the Petition be granted: and that the 
Town of Freetown, be, and hereby are impowered, being legally 
assembled for that purpose to choose a Collector to collect the Sum 
of Ninety pounds, four shillings and eight pence, which was the 
Sum apportioned to William Terry of said Freetown, who was chosen 
one of the Constables of said Town the last year; the said William 
Terry having removed out of the Province. [Passed November 5. 



CHAPTEE 79. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV- 
ERNMENT SECURITIES AND DISCHARGING THE PROVINCE TREAS- 
URER OF THE SUM OF £262,045. 9. 4. 

The Committee appointed to repair to the Treasurers & take an Legislative 
Account of the Government Securities in his hands and see them councff xxv*!^ 
burnt and Consumed to Ashes, have attended that Service and have 305. Mass*, 
received of M^ Treasurer Gray Government Securities payable in m. '^^^' "^'' 
June 1765 of the old form Eighteen thousand, eight hundred, sixty Mass. 
nine pounds, thirteen shillings and ten pence ; the Interest paid ^^^^^^^' ^*^-' 
thereon thirteen hundred and seven pounds, fourteen shillings and Journal, 
three pence, makes Twenty thousand One hundred, seventy seven Xii^^Anu^ 
pounds, eight shillings and one penny. Also Government Securities p. iss, chap. 44. 
payable in June 1765 of the new form Twenty thousand, two hun- 
dred, seventy one pounds; the Interest paid thereon Eleven bundled, 
eighty two pounds, eight shillings and five pence makes Twenty one 
thousand, four hundred fifty three pounds, eight shillings and five 
pence. Also Government Securities payable in June 1764 new form 
Two hundred forty nine pounds, the Interest paid thereon twenty 
one pounds, three shillings and one penny, makes Two hundred 
and seventy pounds, three shillings and one penny. Also Govern- 
ment securities payable in June 1764 old form. Seventy seven pounds ; 
the Interest paid thereon Six pounds, eleven shillings and six pence, 
makes Eighty three pounds, eleven shillings and six pence. Also 
Government Securities payable in June 1766 Two hundred and seven 
thousand, five hundred, sixty two pounds; the Interest paid thereon 
Twelve thousand, four hundred ninety eight pounds, eighteen shil- 
lings and three pence, makes Two hundred twenty thousand and 



152 Province Laws {Resolves, etc.). — 1766-67. [Chaps. 80, 81.] 

sixty pounds, eighteen shillings and three pence. All which notes 
amount to Two hundred, sixty two thousand and forty five pounds, 
nine shillings and four pence, which we have seen burnt and con- 
sumed to Ashes. 

Signed Tho^ Hubbard ^ Order 

Eead & 

Orclerd that this Report be accepted & that the Treasurer be dis- 
charge [d] of the Sum of Two hundred Sixty two Thousand & forty 
five Pounds Nine Shillings & four pence accordingly. {^Passed 
November 7. 



CHAPTER 80. 

RESOLVE CONFIRMING THE PROCEEDINGS AT THE MEETINGS OF THE 
PROPRIETORS OF BAKERS TOWN. 

Legislative Whereas Bakers Town so called by tlie late running the Line 

councij.xxvi., between this Province and New Hampshire fell within the bounds of 

?H: New Hampshire ; and the several Meetings of the Proprietors of said 

mii"pp''i64'^i7i leakers Town and their Resolves and Votes passed at their Meetings 
172,' 179. Ante, called ill oi'dcr to get a Township granted in the lieu of that lost, 
p.68, c ap.i09. ^^^^ ^^^, laying out the same for getting the same Confirmed may 
be called in question 

Resolved that the Meetings of the said Proprietors referred to in 
the said Petition with the several matters and things therein trans- 
acted shall (if otherwise regular) be deemed and accounted valid 
to all intents and purposes ; any defect in the manner of calling or 
obtaining said Meetings notwithstanding. \^Passed November 7.' 



CHAPTER 81. 



Legislative 
Records of the 
Council, xxvi., 
314. 

House Jour- 
nal, pp. 171, 180. 
Province 
Laws, iv., 828, 
chap. 18; 838, 
chap. 25; 866, 
note. 



RESOLVE DIRECTING THE TOWN OF FALMOUTH AND DISTRICT OF CAPE 
ELIZABETH TO ASSESS AND COLLECT TAXES AND PREPARE A TRUE 
AND PERFECT LIST OF RATEABLE ESTATES. 

Whereas since the passing of the last Tax Act, a part of the 
Town of Falmouth in the County of Cumberland has been erected 
into a District by the name of Cape Elizabeth, but no rule or method 
ha« been since prescribed for assessing the Inhabitants and Estates 
in said Town and District respectively their proportion of the public 
Taxes. 

Resolved that the said Town and District shall and do in conjunc- 
tion Assess the rateable Inhabitants and Estates of both according 
to the rules perfixed and set by the last Tax Bill for the mak- 
ing Public Taxes, and commit the same to the several Constables 
and Collectors of the said Town and District to be by them sever- 
ally collected and paid into the Province Treasury according as they 
shall receive the Treasurers Warrant, which they are hereby enjoined 
to do, and the said Assessors are hereby respectively directed and 
enjoined to Return to this Court a true and perfect List of the Poles 
and Estates by Law rateable to the public Taxes at their next Ses- 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is November 6. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1760-67. 153 

siou in order to the said Courts making a proper Order for their 
being hereafter severally Taxed by their several Assessors. \^Passed 

November 7. 



CHAPTER 82. 

RESOLVE APPOINTING A COMMITTEE TO SELL THE MANUFACTORY 

HOUSE. 

In the House of Representatives. Legislative 

Resolved i\i2ii Cap* Sheaffe and M^ Dexter with such as the Ilon'''^ Sctf.xxv^i?, 

Board shall Join be a Committee to make Sale of the House com- ^ 

monly called the Manufactory House with the Land thereto belong- House.Jour-_^ 
ing; and that the same be sold at public Auction to the highest iW.^^Ante' '"*' 
bidder: That the time of Sale be advertised in three of the Boston p.wi.chap. 
News papers three Weeks successively : That it be a direction to the 
Committee not to set up the premises at a less Sum than Twelve 
hundred pounds and that the said Committee be, and they are hereby 
impowered to give a good and sufficient deed or deeds of said House 
and Land to any person, or persons who may purchase the same; 
He or they giving good security for the purchase Money to be paid 
in one year with lawful Interest. And in case no purchaser appear 
said Committee to make some necessary repairs and agree with the 
persons who now occupy the same, or with others who may incline 
to hire it. The said Committee to make Report at the next Session 
of this Court. 

In Council, Read and Concurred, and Thomas Hubbard Esq'' is 
joined in the affair. [^Passed November 7. 



CHAPTER 83. 

RESOLVE CONFIRMING THE PROCEEDINGS AT THE MEETINGS OF THE 
TOWN OF DAN VERS. 

A Petition of Archelaus Dale and Others in behalf of the Town ' Legislative 
of Danvers Setting forth That the Annual and other Town Meet- councif xxvi*' 
ings in said place have not been warned by a Constable of the Town sis. ' ' '' 
as the Law directs, but by notifications signed by the Town Clerk House Jour- 
being posted up at both the meeting Houses whereby the several ^sV'n?."^^'^^' 
Town Officers chosen at such meetings may be exposed to difficulties 
and hazard, and the doings of said Town in time past may be called 
in question. And praying that a Sanction may be given to the doings 
in such Town Meetings as if they had been warned according to 
Law. 

[Read and] 

Resolved that the prayer of this Petition be so far granted, as 
that the Meetings of said Town therein referred to, and all the pro- 
ceedings had thereon, be, and shall remain good and valid to all 
intents and purposes as fully and amply, as if said Meetings had 
been warned agreable to Law. [Passed November 7. 

■ Sic for District. See Province Laws, iv., 5, chap. 1; Manual for the General Court, 
1911, p. 114. 



154 



Province Laws {Besolves, etc.). — 1766-67. [Chaps. 84, 85.] 



CHAPTER 84. 

RESOLVE CONFIRMING THE VOTE OF THE PROPRIETORS OF WINCHEN- 
DON LEVYING A TAX OF ONE PENNY PER ACRE FOR ONE YEAR. 

Records'of the ^ PETITION of Tliomas Wilder in behalf of the Proprietors of 
Council, xxvi., the Town of Wincheudon Setting forth That at a legal Meet- 

— — ing of the said Proprietors on the 4"" June last held at said Win- 

mTpp.'hmts. cJiendon, they did agree and Vote that a Tax of one penny <g> Acre 

180,181. Prov- should be raised upon all the Lands alotted out: and that the Peti- 

63, note. ' ' tiouer should wait on this Court for their Sanction to said Vote. 

And praying that the said Proprietors may be enabled to Assess and 

collect said Tax in order to enable them to pay the Debts they have 

contracted for supporting the public Worship and defreying other 

charges contracted before the Town was Incorporated. 

[Eead and] 

jResolved that the prayer of the Petition be so far granted that 
the Tax of one penny ^ Acre for one year voted by the proprietors 
of the said Winchendon the fourth day of June last, be, and hereby 
is confirmed: And that the Assessors or Constables or Collectors in 
said Winchendon are hereby respectively authorised and impowered 
to assess and Collect the same. [Passed JVovember 7. 



CHAPTER 85. 



Legislative 
Records of the 
Council, xxvi., 
31«. 

Mass. 

Archives, ix., 
431. House 
Journal, 
pp. 170, 181. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING PETER CHARDON, ADM« TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Peter Chardon Esq^ of Boston Admin'' of tlie 
Estate of Nathaniel Cunningham late of Boston dec*^ Setting forth 
That two Negro Servants belonging to the Estate of said Nathaniel, 
have by reason of age and Infirmities been for a considerable time 
past supported by the Town of Cambridge, upon whom said Negros 
were left; and that the Petitioner hath no personal Estate of the 
said deceased in his hands to defrey the said expence: Therefore 
praying that he may be impowered to sell part of the Eeal Estate 
of said Nathaniel to the amount of One hundred pounds for defrey- 
ing the Charges of said Negros, and discharging what other Debts 
are due therefrom. 

[Eead and] 

Besolved that the prayer of this Petition be granted, and the said 
Admin'' in his capacity be, and he is hereby impowered to make sale 
of so much of said Cunningham's Eeal Estate as shall amount to 
the Sum of One hundred pounds, where it shall be least prejudi- 
cial to the remainder of said Estate, and make and execute a good 
Deed in Law to the purchaser of the same, that the moneys arising 
by such Sale be applied to the purposes mentioned in this Petition, 
he observing the directions of the Law for the Sale of Eeal Estate 
by Executors and Administrators, {^Passed November 7. 



[2d Sess.] Province Laws {Resolves, etc.). — 1766-67. 155 



CHAPTER 86. 

RESOLVE LIBERATING DAV" SIMMONS FROM GOAL AND RE-ASSESSING 
THE TOWN OF MIDDLEBOROUGH. 

A Petition of David Simmons of Middleborougli, a Prisoner in Lcj^nsiative 
Plymouth Goal on an Execution from the Province Treasurer for the couucif xiv^i? 
Taxes assessed on the said Town for 17G2 committed to him to col- sn. 
lect. prayinff for relief, Legislative 

r^^ 1 IT Records Of the 

[Keaa anaj ^ Council, xxvi., 

Resolved that the prayer of this Petition be granted, and that jo^rnarifp si 
the said David Simmons be liberated accordingly, he paying Prison 85,113,116,172,' 
Fees. Provided he stands committed on no other Suit than that ' 
mentioned in said Petition, and that the Town of middleborough 
be reassessed the Sum of £68.4.6 by having said Sum added to 
their proportion of the Province Tax in tlie next Province Assess- 
ment. Provided that nothing in this Eesolve be construed to extend 
to deprive the Town of Middleborough of any legal recourse to the 
Petitioner for the Recovery of the aforementioned Sum. \^Passed 
November 7. 



CHAPTER 87. 

RESOLVE IMPOWERING LYDIA NEGUS, ADM^, TO EXECUTE A DEED AND 
MARY NEGUS, ADM-^, TO SELL REAL ESTATE, AND MAKING PROVISION 
IN REGARD TO THE PROCEEDS. 

A Petition of Mary Negus Admin^ of the Estate of Henry Legislative 
Negus late of Dartmouth deceased Setting forth That the said Records of the 

TT •ll--r>l T -IkX 1 Tl A Council, XXVI., 

Henry witli his Brother Jonathan Negus purchased about one Acre 317^^ 

of Land in said Dartmouth of one Noah Allen, to be holden in House Jour, 
severalty, the Deed thereof was given by the said Allen to the said is^i.* ^pVlfvince' 
Jonathan, who was to have given a Deed of the one half to his ^hT^^'ioi'^^^j! 
Brother Henry, but died without executing the same whereupon 583, chap. i64.'' 
the said Henry preferred a Petition to this Court in 1765 praying chap. 7.'"^' 
that Lydia Negus admin^ of the said deceaseds Estate might be 
impowered to convey the said half Acre to him the said Henry who 
was impowered by said Court accordingly; but the said Henry also 
died before such deed was executed, and died Insolvent. Therefore 
praying that the said Lydia may be impowered to make a Convey- 
ance of the said half Acre of Land to her the said Mary, and that 
she may be impowered to sell the same for the benefit of the Credi- 
tors of the said Henry, 

[Read and] 

Resolved that the prayer of this Petition be granted, and that 
the said Lydia Negus in her Capacity of Administratrix on the 
Estate of her late Husband Jonathan Negus, be, and hereby is im- 
powered to execute a good Deed in Law of the half Acre of Land 
mentioned in the Petition to the Petitioner in her capacity of Ad- 
min^, and that the Petitioner in her said capacity be, and hereby is 
impowered to make Sale of the said half Acre of Land, together 
with the fee of the residue of her late Husband the said Henry 
Negus's Real Estate (her Dower therein being first set off according 
to Law) and to execute a good and sufficient deed or deeds in Law 



156 



Pkovince Laws {Resolves, etc.). — 1766-67. [Chaps. 88, 89.] 



of the same, She observing the directions of the Law respecting 
the Sale of Intestate Estates, the proceeds of said Sale to be applied 
for the use of said Henry's Creditors. \^Passed November 8. 



CHAPTER 88. 



Legislative 
Records of the 
Council, xxvi., 
318. 

House Jour- 
nal, pp. 151, 187. 
Province 
Laves, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING THOM^ GRAY, ADM^, TO SELL REAL ESTATE. 

A Petition of Thomas Gray admin"" of the Estate of Elizabeth 
Ridgway Setting forth That the said Elizabeth [was] declared 
Bankrupt, and soon after died : that at the request of the Creditors 
the Petitioner was appointed Admin% and hath since paid them 
five shillings in the pound. That the said Elizabeth died seized of 
a Brick House in Cornhill which is under Mortgage, besides which 
there is but little Estate remaining. And praying that he may be 
impowered to make Sale of the said House in order, after discharg- 
ing the said Mortgage to apply the residue towards payment of the 
said deceaseds debts. 

[Read and] 

Resolved that the prayer of the Petition be granted : and that the 
Petitioner be, & hereby is impowered in his capacity of Admin"" to 
make sale of the House mentioned in the Petition, and execute a 
good deed in Law of the same, the proceeds of said Sale to be ap- 
plied for the purposes mentioned in the Petition, he giving suffi- 
cient security to the Judge of Probate for the County of Suffolk 
that the proceeds shall be applied to the purposes mentioned, in the 
Petition. [Passed November 10. 



CHAPTER 89. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 

MARTHA LUTHER. 



Legislative 
Records of the 
Council, xxvi., 
319. 

House Jour- 
nal, pp. 166, 167, 
187, 18S. 



A Petition of Martha Luther of Swanzey Setting forth That 
in July 1765 She was sued to appear at the Inferior Court to be 
holden at Taunton in August then next after as Agent & Trustee 
to Josiah Chase to answer to Samuel Chase in a plea of the case 
for the Sum of £33.5.6. That the said Action was continued, the 
said Josiah being then at Sea, that when he returned he declared 
that he owed the said Samuel nothing, and afterwards went to Sea 
again with the said Samuel. That in August 1T66 the Action was 
called at Court and went against her by default. She being then 
Sick, and unhappily forgetting the Case then depending. And pray- 
ing liberty to answer and plead thereto at the next Inferior Court 
to be holden at Taunton aforesaid. 

Read and 

Ordered that the prayer of this Petition be so far granted, as that 
the Petitioner notify Samuel Chase the adverse party by serving him 
with a Copy of this Petition, that he shew cause, if any he hath, on the 
second Wednesday of the next sitting of this Court, why the prayer 
thereof should not be granted, and that Execution mentioned herein 
be stayed in the meantime. [Passed November 10. 



iAA 



[2d-Sess.] Province Laws (^e«oZve.s, e^c). — 1766-67. 157 



CHAPTER 00. 

RESOLVE IMPOWERING PHILLIP AND JEMIMA KING, GUARDIAN, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 

A Petition of Philip King of Taunton and Jemima his Wife, Legislative 
which Jemima was the relict Widow of John Paddleford late of couurif, xxvk, 
Taunton and sole Executrix of his last Will and Guardian to his ArciuveB.xix., 
three Children, two Sons and a daughter Setting forth That after 763. 
the decease of the said John, she agreable to the inclination of the Mass. 
eldest Son John, and the advice of his friends sent him to Yale ^2^*" House*''" 
College for education where he has continued two years: That the J°"]^i^'ig2 jgg 
other Son Seth of about 15 years of age met with a wound in his Province ' 
Arm about four years since whereby he hath almost lost the use of cha^!io."' ^^^' 
it, and is thereby rendered in a great measure unfit for any manuel 
labour, which hath induced her at her own expence to fit him also 
for the College ; but being unable to bear the charge of her two 
Sons education. Therefore prays that she may be enabled to make 
Sale of their respective shares of the deceaseds Eeal Estate for the 
said purpose. 

[Read and] 

Resolv'd that the Prayer of the within Petition be so far granted 
as that the said Petitioners Philip & Jemima as the said Jemima 
is Guardian to the said John & Seth be and are hereby impowered 
to make Sale of so much of the Real Estate of the said John & Seth 
(where it will be lest prejudicial to the remainder of said Estate) 
to the amount of one hundred & Thirty pounds and to make and 
Execute a good & sufficient Deed or deeds of the same to the pur- 
chaser or purchasers their heirs & assigns they observing the Direc- 
tion of the Law respecting the sale of real Estates by Exec'' & adm" 
the money arising by said Sale to be apply'd to the purposes within 
mentioned in proportion to the right they have in said Land so Sold 
the Pef Jemima giving sufficient Caution to the Judge of Probate 
for the County of Bristol to apply said money to the purposes afore- 
mentiond. [Passed November 11. 



CHAPTER 91. 

RESOLVE CONFIRMING TO NATHAN AND ELISHA JONES AND JOHN 
MURRAY TOWNSHIP N" 1 IN BERKSHIRE COUNTY. 

A Petition of Nathan Jones, Elisha Jones & John Murray Set- Legislative 
ting forth That they are equally interested in a new Township in councif, xxvif, 
the County of Berkshire called Number one or East Hoosuck, sold ^ 



by this Province in June 1762 to the said Nathan; that they have HouseJour. 
admitted many Settlers, and others appear to purchase, but as they 127, i64, iSo. 
have no Grant from the Government there are difficulties in giving Laws^xvii., 
deeds. And praying that this Court would make a Grant of said 242, chap. 50. 
Township to them, and their Associates, their Heirs and Assigns 
they performing the conditions of Settlement enjoined by the Gen- 
eral Court at the time of Sale. 

[Read and] 

Resolved That the Township mentioned in the within Petition 



158 Pkovince Laws {Resolves, etc.). — 1766-67. [Chaps. 92, 93.] 

bounded and described as in the original Sale thereof, be granted 
and confirmed to the Petitioners, their Heirs and assigns forever, 
excepting what Land within said Boundaries has been granted to 
any other person, they compleating the Settlement thereon origi- 
nally enjoined by the General Court. \^Passed Xovember 11. 



CHAPTER 92. 

RESOLVE IMPOWERING THE ASSESSORS OF THE TOWN OF WARWICK 
TO ASSESS ALL DELINQUENT PROPRIETORS AT ONE PENNY PER 
ACRE ON LAND. 

Legislative A PETITION of Jaiiics Ball Agent for the Town of Warwick in 

Council, XX vi., the County of Hampshire praying for a Tax on the Lands of the 

^ delinquent proprietors, 

RefordB o7the L^ead and] 

Council, xxvi., Resolved that the prayer of the Petition be so far granted as that 
journai,"pp. 91, the Assessoi's of said Town be and are hereby authorised and im- 
108,141,182,193, powered for the term of three years next Ensuing to assess all delin- 
quent pi'oprietors within said Township at one penny ^ Acre who 
have not complied with the Injunctions of the General Court respect- 
ing the Settlement of said Township, and likewise to Assess a Farm 
in said Township of four hundred Acres called Field's Farm during 
the pleasure of the General Court, until it shall appear they have 
done their duty by settling one Family in said Township for each 
V respective right, as also one Family on said Farm. And to commit 

said assessment for collection to such Collectors as may from time 
to time be apj^ointed for the Collection of otlier Taxes in said 
Town, and in want of Goods and Chattels whereon to make dis- 
tress within said Township, the assessors who make the Tax are 
hereby directed to notify for Sale so much and no more of each 
delinquent proprietors Land as they upon their Oaths shall judge 
necessary for the payment of said Tax and the charges arising thereon 
by posting up all such assessments within the Town of Warwick, 
as also in the shire Town of the County of Hampshire, and adver- 
tising the same in one or more of the Boston News papers three 
Months before the said Sale, to sell the same to the highest bidder, 
and make and execute a good Deed or deeds of the same. And if 
it happen that said Land so apprised sell for more than may be 
sufficient to pay the Assessment and Charges, the Overplus shall 
be returned to the owners of said Land. [Passed November 12. 



CHAPTER 93. 

RESOLVE WITH STAY OF EXECUTION IMPOWERING EDMUND QUINCY, 
JR., TO APPEAL FROM A JUDGMENT. 

Rlfordsof'the ^ PETITION of Henry Quincy of Boston Setting forth That 
Council, xxvi., Johii Grcaton jun'' of Roxbury purchased a Writ against him for 

— L?!?^ the Sum of Eighteen pounds for the Rent of a House in Boston to 

?ai!^pp."i7M76, ^^^6 25"^ January last, and laid his damages in said Writ at Thirty 
195,196. pounds, which Action was carried up to the Superior Court held 

at Boston in August last by demurrer and it so happened that Judg- 
ment was made up for the Sum of Thirty pounds and Costs, when 



[2d Sess.J Province Laws {Resolves^ etc.). — 1766-67. 159 

in fact there was no more due than Eighteen pounds, and Execu- 
tion is now out for the Sum recovered. And praying Relief. 

[Read and] 

Resolved that the prayer of Henry Quincy be so far granted as 
that Edmund Quincy jun' be and liereby is impowcrcd to enter his 
Appeal from a Judgment obtained against him by Jolm Greaton 
Jun' at the Inferior Court of Common pleas holdcn at Boston on 
the third Tuesday of April last any default in him to the contrary 
notwitlistanding, at the next Superior Court of Judicature &c to 
be hoklen at Boston on the second Tuesday of March next; He 
giving the said John seven day's notice at least of the same before 
the sitting of said Superior Court: And that the said Edmund be 
entitled to the same advantages as he would have been intitled to, 
had he entered his Appeal at the last Superior Court of Judicature 
&c held at Boston on the last Tuesday of August last. And that the 
said Superior Court be, and hereby are fully authorised and impow- 
ered to hear and determine the same, enter up Judgment and award 
execution thereon accordingly. And if it shall appear to said Court 
by the declaration in the Writ, the said John Greaton v* Quincy that 
Eighteen pounds, & no more when Judgment was entered up, was 
then legally due and owing from the said Quincy to the said Greaton 
upon the Lease mentioned in the Inferior Court's Judgment, and 
that the said Quincy hath & doth tender to the said Greaton the 
same with Costs of Suit to this time, and the said Greaton doth 
not accept the same in full discharge of the Execution, that the 
said Edmund shall be allowed Costs of the same Court, and that 
upon the said Edmund's paying to the said Greaton or unto the 
officer who hath or may have the execution against the said Edmund 
Eighteen pounds & Costs of Courts, and the officers fees, that said 
execution be stayed in the mean while. \^Passed November 12. 



CHAPTEK 94. 

RESOLVE CONFIRMING AN ORDER OF THE SUPERIOR COURT AND IM- 
POWERING MOSES PARSONS, GUARDIAN, TO SELL REAL ESTATE. 

A Petition of Moses Parsons Guardian to Obadiah Parsons a Legislative 
Minor. Setting forth That Jonathan Parsons Father of the said ^f^^^l ^^^^ 
Minor deceased, did by his last Will and Testament order that his 324. 
Son should have a liberal Education, and that in case his personal Mass. 
Estate sliould not be sufficient for the purpose that all his Real ^f'^House'^" 
Estate should be sold to effect it, one Farm excepted. That upon "^•^^Sf^Q. ,q- 
application to the Superior Court held at Ipswich for the County ^^' ' ' '' 
of Essex in June 176-4 he obtained an Order for selling to the amount 
of £120 which Sum being insufficient he again applied to the said 
Court held at Salem on the first Tuesday of this Instant for a further 
power to sell ; but the said Court now question their authority in 
the case, and have advised him to apply to this Court, as well to 
confirm the Sale made by their former order, as to impower him to 
make such further Sales as may be found necessary. And praying 
that he may be impowered accordingly, and that the former Sales 
may be established and confirmed. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that the 



160 



Province Laws {Resolves, etc.). — 176(5-67. [Chaps. 95, 96.] 



Order of the Superior Court as mentioned in said Petition is hereby 
dechired to be good and valid in Law to all Intents and purposes, 
and that the several Sales & Deeds given of Lands and Real Estate 
be good and valid in Law likewise: And also that the said Petitioner 
in his capacity as Guardian is hereby impowered to make Sale of 
the Real Estate of said Minor to the value of One hundred pounds 
to be applied for the discharging of the Debt already arisen in his 
support and Education as mentioned in said Petition, and for the 
purposes within further mentioned in said Petition where it can be 
with least prejudice to the whole, to execute a good deed or deeds 
of the same, and be accountable to the Judge of Probate for said 
County. [^Passed November 12. 



Legislative 
Records of the 
Council, xxvi., 
3-25. Mass. 
Archives, 
ixxx., 620. 

Mass. 
Archives, 
ixxx., 617. 
House Jour- 
nal, pp. 172, 196. 



CHAPTER 95. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
SAMi- BLODGET FOR THE RE-HEARING OF AN ACTION. 

A Petition of Samuel Blodget of Boston Setting forth That 
in the year 1758 He was Quarter Master and Sutler to Col" Nichols's 
Regiment, and had supplied one Seth Willis of Easton with Cloath- 
ing to the amount of Thirty eight shillings for which he took the 
said Willis's Note of hand who refusing payment, the Petitioner 
sued the said note before M'' Justice Story but not knowing when 
the Trial would come on, he went out of Town carrying the Note 
with him, by means whereof he was cast whereupon his Attorney 
appealed to the Inferior Court of Common pleas held at Boston in 
January 1765 which Action was continued to July last, Avhen in the 
absence of the Petitioner the case was brought on, and the Jury 
going upon a mistaken Fact gave the cause for said A\ illis, at which 
time also were suggested some things to the prejudice of the Peti- 
tioners Character. And praying that this Court would afford him a 
Committee to hear and report upon this his Complaint; and that 
he may have a new Trial of the Cause. 

[Read and] 

Orderd that the Petitioner serve Seth Willis with a Copy of this 
Petition that he may shew Cause if any he has on the second Wens- 
day of the next Sitting of this Court why the Prayer thereof should 
not be granted & that Execution be staid in the mean time. \^Passed 
November 12. 



CHAPTER 96. 

RESOLVE DIRECTING THE COMMISSARY GENERAL TO PURCHASE BRASS 

CANNON. 



Legislative 
Records of the 
Council, xxvi., 
325. Mass. 
Archives, 
Ixxx., 615. 

Mass. 
Archives, 
Ixxx., 614. 
House Jour- 
nal, pp. 197, 198. 



A Petition of Joseph Jackson Esq'' and other Officers of the 
Regiment of the Militia in the Town of Boston Setting forth That 
there are several Brass Field pieces now in Boston which may be 
purchased at the price of old Brass, and as the Train of Artillery 
belonging to said Regiment now consists of four Field pieces of 
Iron praying that this Court would give Orders for purchasing the 
said Brass pieces for the use of the said Regiment instead of those 
of Iron beforementioned. 



[2i) Sess.] Province Laws {Rewlves, etc.). — 17<)()-G7. 161 

[Read and] 

Resolvd that the Prayer of the within Petition be granted & that 
the Commissary General be directed to make the Purchase of four 
of the brass Cannon mentiond for the Use of this Province in the 
Train of Artilery in Boston. [Passed November 12. 



CHAPTER 97. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOHN KINGSLEY FOR THE RE-HEARING OF AN ACTION. 

A Petition of John Kingsly of Rehoboth »Setting forth That Legislative 
at the Superior Court for the County of Bristol held at Taunton couucif.xxvh, 

in May last, Walter Hail of Warren brought his iVction against the '^^li 

Petitioner upon his Bond dated in December 1764 conditioned for ^S"^® '^'J^^'iog 

the payment of £2,647 Bills of Credit of Rhode Island of the 

old Tenor with Interest or in Dollars at the Rate of 56/ each, and 
the said Action was carried up by demurrer to the Superior Court 
held at Taunton in October last, when the Petitioner being absent 
by reason of Ilness & his attorney obliged to be at Boston Judg- 
ment went against him by default for £315 lawful money damage, 
which is in fact three times as much as the Petitioner owed, and 
will prove his utter ruin unless relieved. And praying that he may 
have a rehearing of the case at the next Superior Court to be held 
at Taunton aforesaid for the County of Bristol, and that Execution 
be stayed in the mean time. 

Read and 

Ordered that the prayer of the Petition be so far granted as that 
the Petitioner notify the adverse party by serving him with a Copy 
of this Petition, that he shew cause, if any he hath, on the second 
Wednesday of the next sitting of this Court why the prayer thereof 
should not be granted: and that the said Execution be stayed in the 
mean time, the Petitioner giving in Bond with surety to the Sheriff 
of the County of Bristol to pay what shall be finally recovered with 
the Interest. [Passed November 12. 



CHAPTER 98. 

RESOLVE CONFIRMING A PLAN OF 550 ACRES OF LAND TO JON* BAG- 
LEY, ESQB. 

Resolved that the Within plan of five Hundred Acres of Land, Legislative 
Granted to Jonathan Bagly Esq' & by him Layd out in the County councff, xxv*!^, 
of york adjoyning to Salmon fall River & is Bounded as followeth; piang* m'iI ''"^ 
Begining at Salmon falls River where it Emtyes it Self into Horn xiv.,4'. 
Pond. Thence Runing S" 36 Degrees E' 100 Rod by s<^ Pond to a Maps and 
Burch Tree Marked B Standing by Labenan Line, Thence NE B xiv^i^!^'"" 
E' 320 Rods on Labenan Line, to A Maple tree Mark'' B, Thence House Jour- _ 
NW B N 430 Rods by province Land to A Maple tree Standing by Province ' 
Salmon falls River, Thence Down said River as the River Runs to I^eT^'chaV-^g's. 
the Bound first Mentioned. 

Be Accepted, and the Land therein Contained be Confirmed Unto 



162 



Province Laws {Resolves, etc.). — 1766-67. [Chaps. 99-101.] 



him the s'^ Jonathan Bagly his heirs and Assigns for Ever Provided 
the Same Doth Not Exceed the Quantity of five Hundred & fifty 
acres Exclusive of thirty Acres allowance for Rocks & Bogg therein 
Containd Nor interfere with Any former Grant. [Passed Novem- 
ber 12. 



CHAPTER 99. 



RESOLVE IMPOWERING SAM"- NICHOLS AND ELIZABETH HIS WIFE, 
ADM^, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 



Legislative 
Records of the 
Coiincil, xxvl., 
327. 

House Jour- 
nal, I). 199. 
Province 
Laws, 11., 161, 
chap. 10. 



A Petition of Samuel Nichols of Shirley, and Elizabeth his 
Wife Admin^ of the Estate of her late Husband James Patterson 
late of Shirley deceased Setting forth That the said James died 
seized of about fifty Acres of Land with a dwelling House lately 
set upon the same, the whole being but of small value: That the 
deceaseds debts amount to Thirty pounds more than his personal 
Estate; and as it is therefore necessary that some part of his Real 
Estate should be sold, and it would be very injurious to the whole 
to divide it praying that they may be impowered to sell the House 
and Land for payment of the debts as aforesaid, the Overplus to 
be distributed according to Law. And James Prescot Guardian to 
the Children having signified his desire that the prayer of the said 
Petition be granted, the following Order passed thereon. 

Resolved that the prayer of the Petition be granted ; and that the 
Petitioners in their capacity be, and hereby are impowered to make 
Sale of the Real Estate of said James Patterson deceased for the 
most the same will fetch, and to make and execute a good Deed or 
deeds in Law for conveying the same; they observing the directions 
of the Law relating to the Sale of Real Estates by Executors & Ad- 
min" and giving caution to the Judge of Probate for the County of 
Middlesex that the proceeds of said Sale be applied to the purposes 
within mentioned. [Passed November 12. 



CHAPTER 100. 

ORDER SUSPENDING THE SALE OF THE MANUFACTORY HOUSE. 

Ordered that the Committee appointed to make Sale of the Man- 
House Jour- ufactory House so called in Boston be and they are hereby directed 
Swo." ^^ntl' to suspend the Sale thereof till the further Order of this Court, 
p. 153, chap. 82. [Passed November 12. 



Legislative 
Records of the 
Council, xxvi., 
328. 



CHAPTER 101. 

VOTE WITH ORDER OF NOTICE AND STAY OF EXECUTION ON THE 
PETITION OF ROXBURY SELECTMEN TO SET ASIDE A JUDGMENT. 



Legislative A PETITION of Eleazer Williams Esq"" and Others Selectmen of 

councif, xxvl., Roxbury Setting forth That one Stephen Choate with his Wife 
!!!: and three Children in April 1738 came from Boston to reside in 



[2d Sess.] Province Laws (i?e5oZz;e.s, efc.). — 1760-07. ^ 163 

said Town of Roxbury and were in the Month of May following House Jour- 
warned out of Town, but were afterwards suffered to reside there °*'* •'' ^^' 
for two or three years under warning till the man died, when the 
Cliildren were put out, and the Woman went from place to place a 
nursing 'till at length growing infirm she was sent from Brooklyn 
where she had resided some years, to the Town of Eoxbury, who 
in consequence of the Warning before mentioned sent her to Bos- 
ton That the Selectmen of Boston after she had resided there some 
time, complained to the Court of Sessions, who having heard the 
Case, determined against the Town of Roxbury, whereby the said 
Town thinks itself greatly injured; and having since found sufficient 
Evidence to invalidate all that had been advanced on the Trial upon 
which the said Judgment was founded. Praying that the said Judg- 
ment may be set aside ; and that they may have a new hearing of the 
cause. 

[Read and] 

Voted that the Petitioners serve the Selectmen of the Town of 
Boston with a Copy of this Petition that they shew cause, if any 
they have, why the prayer of the Petition should not be granted, 
on the second Wednesday of the next sitting of this Court, and that 
Execution be stayed in the mean time. [Passed Noveinher 12. 



CHAPTER 102. 

RESOLVE ADJOURNING COURTS IN MIDDLESEX COUNTY. 

Whereas the General Thanksgiving throughout this Province Legislative 
is appointed to be observed on the Thursday of the same Week coundf x*x*vh 
wherein the Court of General Sessions of the peace and Inferior 33i. 
Court of Common pleas are by Law next to be holden in the County House Jour- 
of Middlesex, by reason whereof the holding said Courts at that pro^nce'^' ^'^" 
time will be attended with inconvenience. Therefore chsvp^'is'-' el' 

Resolved that the said Court of General Sessions of the peace and note. 
Inferior Court of Common pleas which by Law are to be holden at 
Charlestown within and for the said County of Middlesex on the 
last Tuesday of November Instant, be and hereby ai'e adjourned to 
the first Tuesday of December next to be holden at Charlestown 
aforesaid at ten of the Clock in the Forenoon of the same day. And 
all pleas Writs, Actions, Suits, Complaints, processes. Precepts, Re- 
cognizances and other thing and things whatsoever returnable or 
having day or days in either of the said Courts, and which were on 
the said last Tuesday of this Instant November to have been pro- 
ceeded on, shall stand valid and continue unto the said Adjourn- 
ment, and be held & adjudged to be as good, effectual and available 
in Law to all intents and purposes whatsoever, as if such Courts had 
been held on the day by Law appointed for holding the same, and 
no Adjournment thereof had been made. [Passed November 13. 



164: 



ProvixNCe ljAWii{Jiesolves,etc.). — 1766-67. [Chaps. 103, 104.] 



CHAPTER 103 



RESOLVE IMPOWERING MARY HEDGE, EXECUTRIX, TO SELL REAL 
ESTATE FOR DISCHARGING DEBTS AND LEGACIES. 



Legislative 
Kecorda ol the 
Council, xxvi., 
332. 

House Jour- 
nal, pp. 168, 201. 



A Petition of Mary Hedge of Yarmouth Executrix of the last 
Will of Abraham Hedge late of said Yarmouth deceased Setting 
forth That tlie debts and Legacies of the said Abraham amount 
to Nine pounds, six shillings & six pence more than the personal 
Estate, and praying that she may be impowered to make Sale of 
so much of his Real Estate as will enable her to discharge the 
Debts and Legacies aforesaid, and the expences attending the said 
business. 

Read and 

Resolved that the prayer of this Petition be granted ; and that the 
Petitioner be, and hereby is impowered to make Sale of so much 
of the Real Estate within mentioned where it can best be spared to 
the amount of Twelve pounds for the purposes mentioned and give 
and execute a good and sufficient Deed or deeds therefor: and that 
she give sufficient caution to the Judge of Probate for the County 
of Barnstable that the money shall be applied to the purpose men- 
tioned in the Petition.' [^Passed November 13. 



CHAPTER 104. 

RESOLVE IMPOWERING JEMIMA CHAPMAN, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
333. 

House Jour- 
nal, pp. 20.i, 206. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Jemima Chapman Widow, Administratrix of the 
Estate of her late Husband Jonathan Chapman of Charlestown 
deceased. Setting forth That the said deceaseds Estate is repre- 
sented Insolvent, and that by the report of Commissioners ap- 
pointed to receive the Creditors Claims, it appears that the Debts 
amount to £53.12.10 more than the whole apprized value of his 
Estate, both Real and personal. A;jd praying that she may be im- 
powered to sell the said deceaseds Real Estate in order to pay off 
the Creditors so far as it will answer the purpose. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that the 
Petitioner in her said capacity of Administratrix be, and she hereby 
is impowered to make Sale of the whole of the Real Estate of her late 
Husband Jonathan Chapman deceased for the most the same will 
fetch, and to make and execute a good deed or deeds in Law to the 
purchaser or purchasers of the same. She observing the directions 
of the Law respecting the Sale of Intestate Estates, and giving 
security to the Judge of Probate for the County of Middlesex, that 
the proceeds of said Sale shall be applied to the use of the said 
Jonathan's Creditors. 'iPassed December 4. 

' Adjourned to December 3. See Legislative Records of the Council, xxvi., 333. 



[2d Sess.] Province Ijxvfs {Resolves, etc.). — 1766-67. 165 



CHAPTER 105. 

RESOLVE IMPOWERING ZERUBABEL BALL TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Samuel Pickard of Brookfield & Hannah his Wife LegiBiativc 
late Widow of Tliomas l^all late of Brookfield dec^ Zerubbable Ball SSxlv*!^. 

eldest Son, & Hannah Ball only daughter of said Thomas; and of '^}^ 

James Ormes of Spencer Guardian to Thomas, Abraham, Benjamin, House Jour- 
& Silas Ball Setting forth That the said Thomas Ball died seized °'''^P' "'" 
of a small Farm in Brookfield containing about seventy six Acres, 
fifteen Acres of which have been set off to the Widow as her thirds, 
and the remainder Settled on the eldest Son by the Judge of Pro- 
bate for the County of Worcester he paying to the other Children 
for their respective Interests therein; but the said eldest Son being 
unable to pay out such Sums, and the Widows thirds lying in with 
the rest in such manner as it cannot well be sold alone Praying 
that the said Zerubbable Ball the eldest Son may be impowered to 
sell the whole, he accounting therefor according to Law. 

Eead and 

Resolved that the prayer of this Petition be granted, and that 
Zerubbable Ball one of the Petitioners be, and he hereby accord- 
ingly is impowered to make Sale of the Dower or thirds mentioned 
in this Petition with his own part or Interest in said Estate : Saving 
that the Widow shall have the use and improvement of one third 
part of the proceeds of the whole of said Estate during her natural 
life, and that the said Zerubbable shall give proper Security to the 
Judge of Probate for the County of Worcester, that the Heirs at 
Law of the said Thomas shall receive such parts & parcels of the 
said third part of the proceeds of said Sale as shall accrue to them 
by Law after the WidoAvs decease. \_Passed December 5. 



CHAPTEE 106. 

RESOLVE IMPOWERING ELIZ^ TAFT, ADM^, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elizabeth Taft Widow and Admin^ of the Estate Legislative 
of her late Husband Gideon Taft of Uxbridge deceased Setting Records of the 
forth That the said deceaseds personal Estate is not sufficient to 337. *' '' 
pay his just debts; and that he died seized of about seven Acres of House Jour- 
Landinsaid Uxbridge lying at some distance from the Homestead. proV^incI^^' "^^' 
And praying that she may be impowered to make Sale of the said Laws, li., 151, 
seven Acres in order to discharge the said Debts she to be accountable. ^ ^^' ^^' 

[Read and] 

Resolved that the prayer of this Petition be granted, and that the 
Petitioner Elizabeth Taft in her capacity be, and she hereby is im- 
powered to make sale of the seven Acres of Land mentioned in this 
Petition for the most the same will fetch, and to make and execute 
a good deed in Law to the purchaser of the same: Slie observing the 
Rules and directions in the Law for the Sale of Real Estates by 
Executors and Administrators, and to give proper caution to the 



106 



Pkovince Laws {Resolves, etc.). — 1766-67. [Chaps. 107-109.] 



Judge of Probate for the County of Worcester that the moneys 
arising by such Sale to be applied to the purposes mentioned in 
this Petition. \^Passed December 8. 



CHAPTER 107. 

ORDER GRANTING TO JN" BARNARD LICENCE TO SELL STRONG DRINK, 



Legislative 
Records of the 
Council, xxvi., 
328. Mass. 
Archives, cxx., 
605. 

Mass. 

Archives, cxx., 
604. House 
Journal, p. 215. 



A Petition of John Bernard of Salem Shopkeeper Setting 
forth. That he lately lived and carried on the business of a Shop- 
keeper in Danvers, and in July last obtained a License for Retailing 
Spirituous Liquors there, and since his removal to Salem hath ob- 
tained the recommendation of the Selectmen of that Town to be 
a Eetailer in said place. And praying that the Court of General 
Sessions of the peace for the County of Essex may be impowered to 
grant him a License at their next term to carry on the business of a 
Retailer in the Town of Salem. 

[Read and] 

Ordered, That the Justices of General Sessions of the Peace for 
the County of Essex be impowered (if they see Cause) to grant the 
Petitioner a Licence at their next Sessions the Time for granting 
Licences being elapsed notwithstanding, he producing to the Court 
of Sessions the approbation of the Select-men of y*^ Town of Salem 
for that purpose. \^Passed December 8. 



CHAPTER 108. 

ORDER GRANTING TO THOMAS BRITT LICENCE TO SELL STRONG DRINK. 



Legislative 
Recx)rd8 of the 
Council, xxvi., 
339. 

House Jour- 
nal, pp. 217, 218. 



A Petition of Thomas Britt of Boston Setting forth That by 
reason of long Illness of the Palsey with which he was seized in the 
year 1757 he is rendered in a great measure incapable of providing 
for himself and a large Family of Children, having six under eight 
years of age. That he lives in an House conveniently situated for 
selling Spirituous Liquors: And praying that the Court of General 
Sessions of the peace for the County of Suffolk may be impowered 
to grant him a Licence for selling Spirituous Liquors accordingly. 

[Read and] 

Ordered that the Justices of the General Sessions of the peace 
for the County of Suffolk be impowered, if they see cause, to grant 
the Petitioner a License at their next Session, the time for granting 
Licenses being elapsed notwithstanding. [Passed December 9. 



CHAPTER 109. 

RESOLVE DIRECTING THE CLERK OF THE INFERIOR COURT OF COM- 
MON PLEAS TO DELIVER TO JAMES LOVET A NOTE OF HAND. 



Refords'ofth ^ PETITION of James Lovet of Mendon Setting forth That at 
Council, xxvi., the Inferior Court of Commons pleas for the County of Worcester 
^ in August 1756 he recovered Judgment on a Note of hand against 



[2d Skss.] Pkovince Laws {Resolves, etc.). — 1766-67. 167 

David Pond then of said Mendon for the Sum of Eighteen pounds House Jour- 
and Costs, and on the 21"^ of September following George Bruce a "n.''^^' ' 

Deputy Sheriff levied an Execution taken out on the Judgment 
aforesaid, upon twelve Acres of Land in s*^ Mendon supposed to be 
the said David's, whereupon the Execution was returned satisfied; 
but that it since appears that the said Land had been before taken 
by Execution on a Judgment obtained against the said David by 
one David Daniels. That the said David Pond is now absconded, 
but hath left Effects in the hands of divers persons, but the Peti- 
tioner is deprived of the benefit of bringing his Action against them 
by reason of the former Judgment, and of his Notes being lodged 
in the Clerk's Office. And praying Relief. 

[Head and] 

Resolved that the prayer of the Petition be granted ; and that the 
Clerk of the Liferior Court of Common pleas for the County of 
Worcester be directed to deliver to the Petitioner the Note men- 
tioned in said Petition in order to commence a new action thereon. 
And that the Judgment recovered thereon as set forth in said Peti- 
tion be no bar to any new Action to be brought by virtue of said 
Note. \^Pass6d December 9. 



CHAPTER 110. 

ORDER ALLOWING £20 TO DANIEL FOWLE. 



A Petition of Daniel Fowle late of Boston Printer, now of Ports- Legislative 
mouth in New Hampshire Setting forth. That on the 29*'^ day of coiinSxlv^^, 
October 1754 He was sent before the House of Eepresentatives then 34o. Mass. 
sitting on suspicion of Printing a Pamphlet called the Monster of ivm.,^559.' 



Monsters, and was thereupon committed to the common Goal in Mas 
Boston where he remained in close confinement two days and Nights, ^jfj'^^ggl' 
and was three days in custody in the Prison Keepers House, to his House Jour- 
great loss and damage. Whereupon he brought his Action against pro^ince^^' ^^^' 
Thomas Hubbard Esq' the then Speaker and others, which was ^v^iJaVs? 
barred on supposition that the House had an inherent Right to com- 
mit him in manner aforesaid by their General Warrant, & Cost was 
recovered against him. That upon his Petition in June 1764 the 
General Court passed an Order for remitting the Cost thus recovered 
against him, and most of the persons now living who were active in 
that affair have long since been convinced of his Innocency. And 
praying that his Sufferings & the manner of his commitment with 
all the aggravated circumstances attending it, may become the sub- 
ject of the Serious consideration of this Court, a Cause of a similer 
nature having lately been the object of attention of the most August 
Court of the British Nation, and after a learned and full debate 
wisely been determined in favour of the Complainant : And that he 
may be further relieved. 

Read & 

Orderd that there be granted to the Pef the Sum of Twenty 
pounds out of the Publick Treasury on Account of y^ Sufferings 
mentioned in this Petition. \^Passed December 9. 



168 Province Laws (i?e6-o/2;es, e^c). — 1766-67. [Chap, 111.] 



CHAPTEE 111. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF CUMBER^ 

LAND COUNTY. 

Rifords'of the ^^ Account of James Milk Treasurer of the County of Cumber- 

councii.xxvi., laud having been presented to this Court for allowance the follow- 

— ing Order passed thereon viz* 

nai"jfp. 1M18. Resolved that the within Account, being right cast and well 
vouched be allowed, and that the Treasurer be discharged of the 
Sum of One hundred fifty seven pounds, nineteen shillings and ten 
pence half penny, which lie has paid by order of the Court of Gen- 
eral Sessions, and that he be further accountable for a balance of 
Seventeen pounds one shilling, one penny half penny due to the 
County. [Passed December 9. 



[3d Sess.] Province Li aws (BesolveSj etc.) . — 1766-07. 1(59 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-eighth Day of January, A.D. 

1767. 



CHAPTER 112. 

ORDER IMPOWERING JOSIAH EDSON, ESQ«, TO SELL A PART OF A 
LOT OF LAND AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 

A Petition of the Selectmen of Bridgwater. Praying for leave to Legislative 
sell the third part of a twenty Acre Lot late belonging to Deborah counctf xxvl^ 
Brand deceased in order to defrey the charges of her support. 317. 

[Read and] Mass. 

Ordered that this Petition be revived, and that Josiah Edson Esq'' xxxiiCm 
of Bridgwater be, and hereby is impowered and directed to make R*'^*^|f'^''*'f ., 
Sale of the third part of the Lot of Land within mentioned, which council, xxvi., 
belonged to Deborah Brand deceased, and to make a good Deed jo^urimi*"^^ 
thereof the produce of said Sale after the said Deborah's proportion pp-i^J-'^^b, 
of the Debts and charges in said Petition mentioned are paid, to be p' m.cha'p. 
applied towards payment of the charges that have arisen for the sup- ^^^' 
port of the said Deborah by the Town of Bridgwater and the Town 
of Need ham: And that the said Josiah Edson render an Account 
of his doings herein to this Court. [Passed January 30. 



CHAPTER 113. 

RESOLVE CONFIRMING A PLAN OF A TOWNSHIP GRANTED TO CAP' 
WM. RAYMOND AND OTHERS. 

This Plan of a Township of Land of the Contents of Six Miles Legislative 
and three Quarters of a Mile Square, granted to Captain William ^ouQ^if xxv^ 
Raymond and others who served in the Expedition against Canada 348. Mass. 
in 1600, their legal Representatives or assigns, and by them laid out ^x'viiiv^^i. 
in the County of Cumberland adjoining to great Sebago Pond, and House Jour- 
adjoining to New-Boston, bounded as follows. Viz' Beginning at *!■■»'' p- lo^ 
the Northwesterly Corner Bounds of the Township of Windham, pp!^' 88, 225, 
and extending by the Needle due Northeast seven and an half miles, \^\i^ch^^!u. 
on the Head Line of said Windham, and New Boston ; thence ex- 
tending on a due Northwest Course seven and an half Miles ; thence 
from the first mentioned Bounds extending up the Northeast Side 
of the Great Pond of Sebago as the Pond doth run, till a Northeast 
Line shall terminate at Head of Seven Miles and an half on the 
North east Side Line, was presented for Acceptance: 

Accordingly, 



170 



Provence JjAws^Hesolves^etc). — 176G-67. [Chaps. 114, llo.] 



Resolved, That it be, and hereby is accepted, and tlie Land therein 
contained be confirmed unto them, their Heirs and Assigns for ever, 
they complying with the Conditions of the original Grant ; Saving 
only that they settle seventy five Families in stead of Thirty Families. 

Provided the same doth not exceed the Quantity of seven and an 
half Miles Square, with a Neck of Land and Island adjacent, delin- 
eated on said Plan, including Allowance for Ponds therein contained, 
nor interfere with any former Grant. \^Passed January 30. 



CHAPTER 114. 

RESOLVE IMPOWERING REV JONAS CLARK, GUARDIAN, TO JOIN WITH 
OTHER HEIRS IN A SALE OF REAL ESTATE. 



Legislative 
Records of the 
Council, xxvi., 
348. Mass. 
Archives, 
xiv., 476. 

Mass. 
Archives, 
xiv., 475. 
House Jour- 
nal, pp. 229, 230. 



A Petition of Jonas Clark of Lexington, Clerk, Guardian of 
Lydia Bowes and Mary Bowes daughters of the Rev'* M' Nicholas 
Bowes late of Bedford deceased, and Minors Setting forth. That 
the said deceased appointed Thomas Hancock late of Boston Esq"" 
sole Executor of his last Will and Testament, and therein gave him 
full power to make sale of his Real Estate, and that the said Exec- 
utor put the same upon Sale accordingly; but was prevented pro- 
ceeding therein by Death ; and that those of the Heirs who are of 
age have all agreed to accept of an offer now made them for said 
Estate; that the said Lydia & Mary are the only Heirs who are 
Minors. And praying that he may be enabled to Join with the other 
Heirs in the said Sale. 

[Read and] 

Resolved that the Prayer of the Petition be granted and that the 
Petitioner, the Rev^ M^ Jonas Clarke Guardian to the said Lydia 
Bowes and Mary Bowes be and liereby is impowered to joyn with 
the other Heirs in making Sale of the real Estate mention'd in said 
Petition and in executing a good Deed or Deeds in Law for convey- 
ing the same, \^Passed January 31. 



Legislative 
Records of the 
Council, xxvi., 
349. 

House Jour- 
nal, pp. 225, 231. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 115. 

RESOLVE IMPOWERING DEB" & NATH"- AMES, ADMR% TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Deborah Ames and Nathaniel Ames Administra- 
tors of the Estate of Nathaniel Ames late of Dedham deceased Set- 
ting forth That the deceaseds debts together with the allowance made 
to the Widow and the charges of Administration exceed the Avhole 
personal Estate the Sum of Five hundred and seventy nine pounds, 
four shillings and 8''i/l> lawful money. And praying for leave to make 
Sale of so much of the deceaseds Real Estate as will enable them to 
discharge the said debts. 

[Read and] 

Resolved that the Prayer of the Petition be granted, and that the 
Petitioners in their capacity of Administrators be, and hereby are 
impowered to make Sale of so much of the Real Estate of Nathaniel 
Ames deceased where it can best be spared and will be least preju- 



[3d Sess.] Province Laws (7?e.soZyes, e^c). — ITdH-tiT. 171 

dicial to tho Heirs as will amount to the Sum of Five hundred and 
seventy nine pounds four sliillings and eiglit pence half penny law- 
ful money and to make and execute a good deed or deeds in the 
Law for the same, they observing the direction of the Law for the 
Sale of Real Estates by Executors & administrators the aforesaid 
Sum to be applied for the payment of the just debts due from the 
said Nathaniel's Estate. [Passed January SI. 



CHAPTER 116. 

ORDER IMPOWERING BETHIAH BRAND AND OTHERS, INDIANS, TO SELL 
A PART OF A LOT OF LAND AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Bethiah Brand and others Indians Praying for Legislative 
leave to sell two third parts of a twenty Acre Lot of Land in Bridg- couucif xxvL^ 
water heretofore the Estate of Caleb Brand deceased, 354. 

[Read and] Legislative 

Ordered that this Petition be revived, & that the Petitioners have coum-if.xxvh, 
liberty to make Sale of their two third parts of the twenty Acres of j(J*urnaf"®® 
Land within mentioned ; and that Cap* John Jones of Dedham assist pp- ir.i, m, 
in the Sale and see that Justice be done, and that the produce of Ante, p. m, 
said Sale after the charges attending the same are deducted, be *^^^p- ^^"• 
applied towards payment of two third parts of the Amount of the 
debts of Caleb Brand the Intestate within mentioned ; and the re- 
mainder to be distributed among the Petitioners according to their 
respective Interest therein: they to be accountable to the Judge of 
Probate for the County of Plymouth for their doings in the premises. 
[Passed February '2. 



CHAPTER 117. 

RESOLVE ALLOWING £8 TO EDM" DIX. 



A Petition of Edmund Dix of Philadelphia Mariner Setting Legislative 
forth That he was taken during the late War in the Ship Prince councif xxvi^ 
of Wales Nathaniel Dowse Commander, when in pay of this Prov- 357. Mass. 
ince, and carried Prisoner to France, where he was confined a Year ixvi.,^3:3.' 
& half in Goal, and after that was impressed into the Kings Service, Mass. 
and about two years since returned to Philadelphia. And praying an j^y'j'^^s;!' 

allowance. House Jour- 

[Read and] ^ nai.pp.239,'241. 

Resolved that the Sum of Eiglit Pounds be allowed and Paid out 
of the Publick Treasury to Capt Jonas Dix for the use of the Peti- 
tioner in full Consideration for his Sufferings mentioned in the Peti- 
tion. [Passed February 4. 



172 



Province Laws (i?esoZve.s-, e^c). — 17()()-r)7. [Chaps. 118, 11!).] 



CHAPTER 118. 



RESOLVE IMPOWERING R" TEABODY, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
359. 

House Jour- 
nal, pp. '226, 246. 
Province 
Laws, ii., 151, 
chup. 10. 



A Petition of Eichard Peabody of Boxford Guardian of one 
Nathan Burnani aged about seventy Years a person Non Com- 
pos Setting forth That the said Nathan has been three years 
under Guardianship, that he owns a small Real Estate, but that it 
is about £200 Old Tenor in debt, and the Buildings gone much to 
decay; that ha hath one Child that is wholly upon charge, and that 
the Income of the Estate is not sufficient for their support. There- 
fore praying that he may be impowered to sell the same. 

[Read and] 

Ee.wlved that the prayer of the Petition be granted, and that the 
Petitioner in his capacity as Guardian to Nathan Burnam a person 
Non Compos, be, and he is hereby impowered to make Sale of the 
whole of the Real Estate of the said Non compos, and to make and 
execute a good & sufficient Deed or Deeds of the same to tlie pur- 
chaser or purchasers their Heirs and Assigns forever, he observing 
the directions of the Law respecting the Sale of Real Estates by Ex- 
ecutors and administrators; and tliat the proceeds of such Sale be 
applied so far as is necessary for the discharge of the just debts of 
the said Non compos; and that the remainder of said proceeds shall 
be put to Interest and applied for the support and maintenance of 
the said Non Compos and his Child mentioned in the Petition; and 
that after the decease of the said Non compos, the residue, if any 
there be, shall be distributed to and among his Heirs agreable to 
Law, and that the Petitioners give sufficient security to the Judge 
of Probate for the County of Essex that said Money shall be so 
applied. [Passed February 5. 



CHAPTER 119. 



ORDER IMPOWERING THE SELECTMEN OF LANESBORO TO LEVY A TAX 
OF TWO PENCE PER ACRE FOR THREE YEARS ON ALL LANDS OF 
DELINQUENT PROPRIETORS THEREOF. 



Legislative 
Records of the 
Council, xxvi., 
165, 360. 

Mass. 
Archives, xiv., 

418,420. Legis- 
lative Records 
of the Council, 
xxvi., 3.")5. 
House .Tour- 
nal, pp.234,247, 
248. Province 
Laws, iv., 815, 
chap. 14. 



A Petition of the Town of Lanesborough Setting forth That 
this Court was pleased in the last May Session to incorporate the 
said Town, and at the same time enabled the proprietors to Tax 
themselves as such for the building a Meeting house making and 
repairing Highways &c but not for the support of a Minister which 
they esteem a great hardship, as they have a Minister settled among 
them, and are unable of themselves to support him. And praying for 
a Tax on the Lands of the delinquent Settlers for that purpose. 

Read and 

Ordered that a Tax of two pence ^ Acre annually for three years 
next ensuing from the first of March next be laid on all the Lands 
of the delinquent Proprietors or Settlers in Lanesborough for the 
support of the Ministers or preaching, and for no other purpose 
whatsoever, the public Lots only excepted ; and tnat the Inhabitants 
of said Town be impowered at a legal Meeting to appoint suitable 
persons to Assess & Collect the same. [Passed February 5. 



[3d Sess.] Province Laws {Resolves, etc.). — 1766-67. 173 



CHAPTER 120. 

RESOLVE ALLOWING THE PROPRIETORS OF TOWNSHIP N" 3 FURTHER 
TIME FOR OBTAINING HIS MAJESTY'S APPROBATION OF SAID GRANT. 

A Petition of Nathan Jones, Francis Shaw and Eobert Gould Set- Lepsiative 
ting forth That they liave advanced upwards of Six tliousand pounds council, xxvi., 
Sterling to bring forward the Settlement of a Township granted them Archiv^es?' 
in February 1763 and have now about forty dwelling Houses, seven cxviii., 223. 
Mills and other Buildings thereon, and about three or four hundred Mass. 
Inhabitants. And praying that they may have a further time allowed cx'^iii!,*222. 
them for obtaining his Majesty's Approbation of the Grant. Sri^pp.'^i^v^Tg 

[Read and] i-eiv^^^k) 

Resolved that the prayer of this petition be granted, & that the 241', 246.''^ ProV- 
petitioners above named, for the reasons mentioned in s*^ petition ^^"'-^ ^2i)irHi;i|) 
be further allowed the term of Eighteen Months, from this Day, to i(>9;'476*'ciiiiij.' 
Obtain his Majesty's approbation of the within mentioned Grant. "' 
\^Passed February 5. 



CHAPTER 121. 

RESOLVE DISMISSING M" AGENT JACKSON. 



Whereas Eichard Jackson Esq' by Reason of his prior Engage- Legislative 
ment with the Colony of Connecticutt cannot Act in behalf of this cofmcif xxv^^ 
Province in all the Matters depending in Great Brittain, wherein the 364. Mass. 
Province is Concerned: And whereas the general Interests of the xxii.,503! 
Colonies cannot be so effectually served by uniting the Agency of Mass. 
severall of them in the same person, as by each having it's separate xxii^^Im* 502 
Agent Legislative 

Resolved, That Richard Jackson Esq' be & hereby is Dismiss'd counc'ii', ?xvk^ 
and Removed from the Agency of this Province ; And that the Sec- Hou«f JouV^'' 
retary be Directed to write to him accordingly. \^Passed February 6. nai, pp. 214,216, 



CHAPTER 122. 

RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION 
OF REUBEN DELANO FOR A NEW HEARING OF AN ACTION. 

A Petition of Reuben Delano of Dartmouth Setting forth That Legislative 
Joseph Roach and C° of Nantucket in October last brought an Action council', xxvi., 

against him for £102.15.3 to which Action he was to Answer at the ^^ 

Court holden at Nantucket in October last. That the Petitioner had ?.S"f '"^^P^- , 

. , . nal,pp.235, 253. 

but a few days notice of the Action & immediately made a power of 
Attorney to Abishai Folger Esq' of Nantucket to appear & Answer 
for him, and delivered it to one M' Hammond who was bound thither 
but providentially prevented getting there before the Court was over, 
by which means the case went against him. And praying that he may 
be admitted to a new Trial, and that Execution may be stayed in the 
mean time. 

[Read and] 

Resolved that the prayer of this Petition be so far granted, as that 



174 



Province Laws (Resolves, etc.). — 1766-67. [Chaps. 123, 124.] 



the said Petitioner notify the adverse party by leaving with him a 
Copy of this Petition, that so he may shew cause if any he have on 
the first Tuesday of the next May Session of this Court why the 
prayer thereof should not be granted; and that Execution be stayed 
in the mean time : Provided the said Petitioner give security to the 
Sheriff of the County of Nantucket to pay the Sum that may be 
found finally due thereon. [Passed February 6. 



CHAPTER 123. 



RESOLVE ALLOWING £11. 14 TO RICH" HOLLAND. 



Legislative 
Records of tlie 
Council, xxvi., 
366. Mass. 
Arcliives, 
Ixxx., 624. 

Mass. 
Arcliives, 
Ixxx., 623. 
House Jour- 
nal, pp. 161, 251. 



A Petition of Richard Holland of Taunton Setting forth That 
on the 25^'' of March 1760 he inlisted as a Soldier in the pay of the 
Province under Cap*^ IngoU but was turned over to Cap*^ Job AVil- 
liams and proceeding so far as AVorcester he was there drawn out 
for a Carter & went to Albany in which capacity he served till the 
8*'' of October following, and then was discharged with eight others 
whose discharges were all wrote on one paper, of which he is not 
possessed, and this together with his having been a long time out 
of the Province have prevented his receiving any recompence here- 
tofore. And praying relief. 

Read & 

Resolved that the sum of Eleven pounds fourteen Shillings be 
allowed & paid out of the publicic Treasury to y* Petitioner Richard 
Holland in full for six mouths & an half Service mentioned in y® 
petition. [Passed February 6. 



CHAPTER 124. 



ORDER IMPOWERING JOSEPH BLAKE TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, xxvi., 
367. 

House Jour- 
nal, pp. SO, 103, 
25.1. Ante, 
p. 117, chap. 6. 



A Petition of Joseph Blake Setting forth That he together 
with Isaac Thomas late of Hardwick deceased were by virtue of an 
Attachment possessed of about eight Acres of Land in Framingham 
as Copartners in Trade which Land they had agreed to dispose of, 
but were prevented by the death of the said Isaac. And praying that 
he the said Joseph Blake may be impowered to make Sale of the 
said Land in order to discharge some debts which still remain due 
from the said Company; which petition was passed on by the House 
on the lO"" of June last. 

Read and 

Ordered that this Petition be revived : and that the prayer thereof 
be so far granted as that the said Joseph Blake the Petitioner be, 
and hereby is impowered to make Sale of the Land mentioned in 
said Petition, and make and execute a good deed or deeds in Law 
for conveying the same, the said Isaac Thomas being deceased not- 
withstanding. [Passed February 6. 



[3i) Sess.] Province Laws {Resolves, etc.). — 176G-67. 175 



CHAPTER 125. 

RESOLVE DISCONTINUING THE ESTABLISHMENT FOR SLOOP MASSACHU- LcRlslatlve 

SETTS AND DIRECTING THE FREIGHTING OF GOODS. Records of the 

Council, XXVI., 

30«. Ma8B. 



Resolved that the Establishment made for the Sloop Massachu- ^v^/.''374; 
:ts in November 1757, to be Continued till the further order of Le„i8iatu 
is Court Shall hence forth cease and Determine, and that the Records 
>mmissary General be Directed to Freight Such Goods as he Shall 2k3"°ho 
ve occasion ; for the Service of this Province on the most reason- 'j'°^"?''. 
le terms. [Passed Februarii 6. Provinw 



Laws, xvl., 71, 
chap. 159. 



CHAPTER 126. 

RESOLVE ADJOURNING COURTS IN HAMPSHIRE COUNTY. 

Whereas the Court of General Sessions of the peace and Infe- Legislative 
rior Court of Common pleas for the County of Hampshire accord- councif xx'^i^ 
ing to the time by Law appointed should be holden at Northampton 368. 
in said County on the second Tuesday of February current. And House Jour- 
Whereas sundry of the Justices of the said Courts and others con- province^'^' '^^' 
cerned in the business thereof are Members of this Court which is h^y'^'}!''"'^'^-, 
like to continue sitting beyond the time aforesaid by Law appointed note, 
for holding said Courts. 

Therefore 

Resolved That the said Court of General Sessions of the peace and 
Inferior Court of Common pleas be, and hereby are Adjourned unto 
the last Tuesday of March next, then to be holden at said North- 
ampton and that all pleas, processes. Writs, x\ctions. Suits, Com- 
plaints, precepts, Eecognizances and all other matters and things 
returnable and having or that should have day in the said Courts, 
if the same had been held on the said second Tuesday of February 
shall be returnable and have day in the said Courts on the said last 
Tuesday of March, and shall abide & continue unto that time and 
shall then be proceeded on, heard, tried & determined to all intents 
and purposes, as effectually as if the said Courts had been held on 
the said second Tuesday of February. [Passed February 6. 



CHAPTER 127. 

RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY. 

Whereas the Court of General Sessions of the peace and Infe- Legislative 
rior Court of Common pleas for the County of Bristol according coundf xxv^^ 
to the time by Law appointed should be holden at Taunton in said 369. 
County on the third Tuesday of February Current. And whereas House Jour- 
sundry of the Justices of the said Courts and others concerned in 256.' ^Pro^vince 
the business thereof, are Members of this Court which is like to Laws, v ,67, 

note Aiitc 

continue sitting beyond the time aforesaid by Law appointed for p. es'.chap.iso. 
holding said Courts, and also by reason of the severity of the Season. 



176 



Province Laws ( Resolves ,etc.). — 176 6-6 7 . [Chaps . 1 2 <s , 1 2 i i . ] 



Therefore 

Resolved That the said Courts of General Sessions of the peace, 
and Inferior Court of Common pleas, be, and hereby are adjourned 
unto the first Tuesday of May next, then to be holden at suitl Taun- 
ton; and that all pleas, processes, AVrits, Actions, Suits, Complaints, 
precepts, Recognizances, and all other matters and things return- 
able and having, or that should have day in the said Courts, if tlie 
same had been held on the said tldrd Tuesday of February shall be 
returnable and have day in the said Courts on the said first Tues- 
day in May and shall abide and continue unto that time, and shall 
then be proceeded on, heard, tried and determined to all intents 
and purposes as effectually as if the said Courts had been held on 
the said third Tuesday of February. [^Passed Fehruary G. 



CHAPTER 128. 



RESOLVE GRANTING TO JACOB CALMEHORN LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, xxvi., 
36-2. Mass. 
Archives, cxi., 

Mass. 

Archives, cxi., 
554. House 
.Journal, 
pp.227, 245,246. 



A Petition of Jacob Calmehorn living at a place called the Gore 
West of Pittsfield in the County of Berkshire Setting forth That the 
same is a place of great resort, and that there is no public House 
there. x\nd praying that the Court of General Sessions of the peace 
of the said County may be impowered to grant him a Licence for 
that purpose. 

[Read and] 

Resolved that the Prayer of this Petition be Granted and that the 
Justices of the General sessions of the peace for the County of Berk- 
shire be Impowered (if they See cause) to grant the Petitioner a 
Licence at their ne.xt Session, the time for granting Licences being 
elapsed notwithstanding he first obtaining the Approbation of the 
Select men of the Town of Pitstield, \^Passed February 7.' 



CHAPTER 129. 



ORDER ASSESSING A TAX OF TWO PENCE PER ACRE ON LAND IN 

OAKHAM. 



Legislative 
Records of the 
Council, xxvi., 
372. 

Legislative 

Records of the 

Council, xxvi., 

312,360. House 

Journal, 

pp. 174, 251, 253, 

260. 



A Petition of the Inhabitants of Oakam praying for a Tax on 
the Lands of the Nonresident Proprietors being referred to a Com- 
mittee of both Houses on the b^^ Instant, the said Committee re- 
ported, and the following Order passed thereon viz' 

Ordered that there be a Tax of two pence ^ Acre for one year 
next ensuing laid upon each Standard Acre of Laud within the 
District of Oakham to enable the Inhabitants to settle a Gospel Min- 
ister in said place, and for no other purpose whatsoever. It appearing 
to this Court that the Inhabitants have agreed with the Proprie- 
tors never to apply to the proprietors for any more Land Taxes. 
And the Inhabitants of said District are hereby impowered at a 
legal District Meeting to appoint suitable persons to Assess and 
collect the same. \^Passed Fehruary 7. 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is February 5. 



[3d Sess.] Province IjAws (liesolves, etc.). — 1766-67. 177 



CHAPTEK 130. 

RESOLVE IMPOWERING THE ASSESSORS OF THE DISTRICT OF OAKHAM 
TO COMPLETE THE COLLECTION OF TAXES, AND RESOLVE RECTIFY- 
ING AND CONFIRMING PROCEEDINGS ON WARRANTS. 

A Petition of the Freeholders and Inhabitants of Oakham Set- Leprisiattve 
ting forth That in November 1701 the Great and General Court counSxxvL, 

granted a Tax of 2"^ ^ Acre for three years then next ensuing, one ^I^: 

penny a year for two years next following upon each Acre of the House Jour- 
Lands of the Nonresident proprietors in the West Precinct of Eut- pVovilice " 
land since Incorporated into a District by the name of Oakham. ^aT)!'i66?''''''^' 
That they being then in their Infancy and unaquainted with public 
business omitted posting Copies of their Assessments, by reason 
whereof the said Taxes are not yet fully collected and inasmuch as 
the present Assessors can take no legal measures for drawing in the 
Taxes granted as aforesaid. Praying relief. 

Read and considered and therefore 

Resolved that the prayer of this Petition be so far granted that 
the present assessors of said District of Oakham be and hereby are 
authorized and impowered to compleat the Collections of said Taxes 
according to the true intent thereof, and that they notify for Sale 
so much and no more of each delinquent proprietors Land as they 
upon their Oaths shall judge necessary for the compleating the pay- 
ment of the said five years Taxes, and the charges arising thereon, 
by posting all such Assessments within said District of Oakham, as 
also in the shire Town of the County of Worcester and advertising 
the same in one or more of the Boston News papers three months 
before said Sale, to sell the same to the highest bidder, and make 
and execute a good Deed or deeds of the same, and if it happen 
that such Lands which they shall so expose to Sale, sell for more 
than may be sufficient to pay the Assessment & charges thereof, the 
Overplus shall be returned to the Owner. 

And Whereas it appears that the Warrants & Eecords of some of 
their District Meetings are insufficient in the following particulars 
viz' In some instances no Eecords made of the Selectmens having 
taken the Oath respecting the Bills of the neighbouring Govern- 
ments, in others their Warrants not directed to the Constables, but 
posted up by the Selectmen, and some that were directed to the 
Constables no Eecords of the Constables warning thereon, in others 
the Votes that passed at the Meeting not signed by the Moderator. 

Resolved that notwithstanding the deficiencies aforesaid, or any 
of the like kind, except in actions that are already commenced in 
the Law relative thereto, if any such there be, that the Warrants 
of such District Meetings, and the proceedings thereon, shall all be 
and hereby are ratified and confirmed, & made valid in Law to all 
intents and purposes wiiatsoever. \^Passed February 7. 



178 



Province Laws (i?eso?ves,e<c.). — 1766-67. [Chaps. 131-133.] 



CHAPTEK 131. 



RESOLVE ALLOWING £60 AND A FURTHER ALLOWANCE OF £1G TO 

ROB^ BALLS. 



Legislative 
Records of the 
Council, xxvi., 

3til. 

House Jour- 
nal, pp.23S, 265. 
Province 
Laws, xi., 764, 
chap. 142. 



A Petition of Robert Balls Keeper of the Lighthouse in Boston 
Harbour Praying an allowance for his last years Service ending the 
19"' day of November being his 33*^ Year; and for a reimbursment 
of the Sum of Sixteen pounds he had advanced for thirty Cords of 
Fire Wood for the benefit of the Light. 

[Read and] 

Resolved that the Sum of Sixty pounds be allowed and paid out 
of the public Treasury to the Petitioner for his Service for one year 
ending the 19"' of November last: Also the Sum of Sixteen pounds 
for thirty Cords of Wood. {^Passed February 10. 



CHAPTER 132. 



RESOLVE IMPOWERING LYDIA GREENLEAF, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvl., 
381. 

House Jour- 
nal, pp. 218, 263. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Lydia Greenleaf Mother & Guardian of Stephen 
Greenleaf a Minor about twelve years of age Setting forth That 
the said Minor is Heir to one seventh part of his Grandfather M'' 
Stephen Greenleaf deceased his Estate, being one dwelling House 
in Boston, and that tlie other Heirs are about selling their shares 
of the said House, And praying that she may be im powered to make 
Sale of the said Minors seventh part, the produce whereof improved 
at Interest she apprehends would be more for the benefit of the 
Minor than to retain so small a share of the said House. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that 
Lydia Greenleaf Guardian to Stephen Greenleaf a Minor be, and 
she hereby is impowered in her said capacity to make Sale of the 
seventh part of the House mentioned in this Petition for the most 
the same will fetch, and execute a good deed in Law of the same to 
the purchaser, and that the Money arising by such Sale be put out 
at interest for the benefit of the said Minor, she observing the Rules 
and directions of the Law for the Sale of Real Estates by Executors 
and Administrators. [^Passed February 10. 



CHAPTER 133. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO GIVE BOND FOR 
THE FAITHFUL DISCHARGE OF HIS DUTIES. 



Legislative 
Records of the 
Council, xxvi., 
384. 

House .Tour- 
nal, pp.275, 276. 
Infra, chap. 
134. 



In the House of Representatives, 

Resolved that no person who shall be chosen by this Court into 

the Office of Treasurer and Receiver General for this Province for 

the present year shall be esteemed duly qualified to enter upon the 

execution of that Office until he shall first have an Oath administred 



[3i) Sess.] Province Laws (Resolves, etc.). — 1766-67. 179 

to him for his faitlif ul performance of his said Office, and shall give 
Bond with sufficient Sureties to the acceptance of a Committee ap- 
pointed by this Court for that purpose in the Sum of Thirty thou- 
sand pounds lawful money to tlie three eldest Counsellors in the 
Province for the time being who are hereby appointed a Committee 
in behalf of the Province, and especially authorized for this pur- 
pose which Bond shall be conditioned for such Treasurers truly and 
faithfully discharging the duty of his Office according to Law, and 
for rendering an Account when and so often as he shall be required 
by the General Court of all such Sum or Sums of Money as he shall 
from time to time receive into the Treasury, and for his well and 
truly paying to his Successor in said Office, or to any other person 
that may be appointed by the General Court to receive the same, 
all such Sum or Sums of Money as upon such Settlement of his said 
accounts, or otherwise shall be found due and payable from him to 
this Province; provided that the said Bond be put in suit within 
three years next after the date hereof, otherwise to be void and of 
no Effect: And that Col° Murray & Col° Brown with such as the 
Hon''''' Board shall join be a Committee to judge of the sufficiency 
of such as may offer to become Sureties for the Treasurer as afore- 
said. 

In Council, Read and Concurred, and Thomas Hubbard Esq'' is 
joined in the affair, [Passed February 1'3. 



CHAPTER 134. 

VOTE CHOOSING HARRISON GRAY PROVINCE TREASURER. 

Pursuant to the Agreement of the two Houses they proceeded Legislative 
to the choice of Civil Officers for the present year, and first of a councif, xxvk, 

Treasurer and Receiver General for the Province ; when Harrison ^^ . 

Gray Esq^ was chosen by a major Vote of the Council and House of ^ai"p^27T^' 
Representatives. [Passed February 12. 



CHAPTER 135. 

VOTE CHOOSING THOMAS HUBBARD COMMISSARY GENERAL. 

Pursuant to Agreement of the two Houses they proceeded to Legislative 
the choice of Civil Officers for the present year when Thomas Hub- councif xxvi!* 
bard Esq'' was chosen the Officer for purchasing Provisions &c for 3S5. 
the several Forts and Garrisons by a major part of the Votes of the House Jour- 
Council & House of Representatives. [Passed February 1:2. na,p. -u. 



180 



Province Laws {Besolves, etc.). — 176(3-67. [Chaps. 136-138.] 



Legislative 
Records of the 
Council, xxvi., 
385. 

House Jour- 
nal, p. 277. 



Legislative 
Records of the 
Couucll, xxvi., 
38(j. 

House Jour- 
nal, p. 277. 



CHAPTEK 136. 

VOTE CHOOSING JAMES RUSSELL COMMISSIONER OF IMPOST, 

Pursuant to Agreement the two Houses proceeded to the 
choice of Civil Officers for the present year, when James Russell 
Esq"" was chosen Commissioner of Impost by a major part of the 
Votes of the Council & House of Representatives. [^Fassed Feb- 
ruary 12. 



CHAPTER 137. 

VOTE CHOOSING THOMAS GOLDTHWAIT TRUCK MASTER AT FORT 

POWNAL. 

The two Houses according to Agreement proceeded to the 
choice of Civil Officers for the present year, when Thomas Gold- 
thwait Esq' was chosen Truck master for Fort Pownal by a major 
Vote of the Council & House of Representatives. [Passed Feb- 
ruary 12. 



CHAPTER 138 



VOTE CHOOSING NOTARIES PUBLIC. 



Legislative 
Records of the 
Council, xxvi., 

386. 

House Jour- 
nal, pp. 277, 278. 



The two Houses according to Agreement proceeded to the Choice 
of Civil Officers for the present year when the undermentioned Per- 
sons were chosen public Notaries by a Major Vote of the Council 
and House of Representatives. 



Suffolk. 



For the port Boston 
r Salem . 



I Ipswich 
\ Marblehead 
I Newbury 
[ Glocester 
Plymouth 
f Barnstable 
I Falmouth 



Essex 

Plymouth 
Barnstable 

Bristol 



Dukes County Edgartown 

Nantucket 



York 



fYork 

) ■ 



Kittery . 
( Wells . 
Cumberland Falmouth 
Lincoln 



I Ezekiel Goldthwait Esq' 
\ M' Henry Alline jun' 
John Nutting Y.i.ff 
M'' Samuel Sawyer 
John Chipman Esq"" 
William Atkins Esq' 
Paniel M'itham Esq' 
pjdward Winslow Esq' 
Solomon Otis Esq' 
Thomas Smith Esq' 
f Thomas Gilbert Esq' 
I Elislia Tobey Esq' 
John Pease jun' 
Obed Hussey Esq' 
Daniel Moulton Esq' 
Charles Chauncey Esq' 
John Wheelwright Esq' 
Stephen Longfellow Esq' 
M' Thomas Moulton 



\_Passed February 12. 



[3d Sess.] Province IjAws (Besolves, etc.). — 176«j-67. 181 



CHAPTER 139. 

RESOLVE ALLOWING £800 TO THE JUSTICES. 

Resolvd that the Sum of Eight Hundred Pounds be allowed & ^^^Ij^^^J^'t^e 
paid out of the publick Treasury to the Honorable the Justices of council, xxvi., 
the Superior Court of Judicature Court of Assize & General Goal Archives^'*' 

Delivery, And to the Executor of the Honorable Chambers Russell x»v-.tii'J- 

Esq' deceasd, late one of the Justices of said Court for their Ser- House Jour- 
vices for one year, ending the first Day of January last. \^Passcd '''^' ' 
February IS. 



CHAPTER 140. 



RESOLVE ALLOWING £40 TO THE CHIEF JUSTICE. 



Resolvd that the Sum of Forty Pounds be allowd & paid out of ^«?*^'?"^|^. 

1 . -J __ l^. ^ Records of the 

the publick Treasury to the Honorable Thomas Hutchinson Esq"" Council, xxvi., 
in Consideration of his faithfull Discharge of the important Trust Archi^esT" 
reposd in him as Cheif Justice & for his further Encouragement xiiv., 62u. 
therein. {^Passed February 13. ^^^^^Ini^' 



CHAPTER 111. 

RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER OF THE HOUSE. 

In the House of Eepres''^' r^'^'^'h"^* h 

Resolved, That there be granted, and allowed to be paid out of council, xxvi., 
the publick Treasury, the Sum of four shillings per Diem, to the Archiv^es^Y 
honorable Thomas Ciishing, Esq'' Speaker of the House for every 259. 
Day of his Attendance in the General Court, from the opening of House Jour- 
the Sessions on the twenty eighth Day of may; 1766, over and above ''^'•p-'^^- 
his Pay as member of this House. 

In Council Read & Concurred. ^Passed February 13. 



CHAPTER 142. 

RESOLVE ALLOWING £267 TO THE TREASURER. 

Resolved, That the Sum of Two Hundred & sixty seven pounds ^^^'^f^'^^th 
be granted, and allowed to be paid out of the publick Treasury to council, xxvi., 
the honorable Harrison Gray, Esq'' Treasurer and Receiver-General Archi^ves,%.iv., 

of his Majesty's Revenues of this Province, for a year's Service, end- ^J^ 

ing the twenty-third Day of December last. \^Passed February 13. House Jour. 



182 



Province Laws (i?eso?yes,e<c.). — 1766-67. [Chaps. 143-147.] 



Legislative 
Records of the 
Council, xxvi., 
388. 

House Jour- 
nal, p. 270. 



CHAPTER 143. 

RESOLVE ALLOWING £200 TO THE COMMISSARY GENERAL. 

Resolved that the Sum of Two hundred pounds be granted and 
allowed to be paid out of the public Treasury to the Ilon^'^ Thomas 
Hubbard Esq' Commissary General for his faithful discharge of his 
trust for one year ending the eleventh day of January last. [Passed 
February 13. 



CHAPTER 144. 



Legislative 
Records of the 
Council, xxvi., 

389. 

House Jour- 
nal, p. 269. 
Infra, chap. 
145. 



RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY. 

Resolved that the Sum of Ninety pounds be granted and allowed 
to be paid out of the public Treasury to the Hon**'^ Andrew Oliver 
Esq"" Secretary of this Province in consideration of his extraordinary 
Service to the sixth day of December last. [Passed February 13. 



CHAPTER 145. 



Legislative 
Records of the 
Council, xxvi., 

38t). 

House Jour- 
nal, p. 269. 
Supra, chap. 
144. 



RESOLVE ALLOWING £50 TO THE SECRETARY. 

Resolved that the Sum of Fifty pounds be granted and allowed 
to be paid out of the public Treasury to the hon""'* Andrew Oliver 
Esq"" Secretary of this Province for his Services for one year ending 
the sixth day of December last. [Passed February 13. 



Legislative 
Becords of the 
Council, xxvi., 
389. Mass. 
Archives, 1., 
260. 

House Jour- 
nal, p. 270. 



CHAPTER 146. 

RESOLVE ALLOWING £90 TO THE CLERK OF THE HOUSE. 

Resolved, That there be granted, and allowed to be paid out of 
the publick Treasury, the Sum of Ninety Pound to M'' Samiiel 
Adams; Clerk of the House of Representatives, for his Service 
during the several Sessions for the current Year. [Passed Feb- 
ruary 13. 



CHAPTER 147. 



RESOLVE ALLOWING £50 TO LIEUTENANT JOHN PHILLIPS AT CASTLE 

WILLIAM. 



Legislative Resolved that there be allowed and paid out of the public Treas- 

Councif,xxvi., ury the Sum of Fifty pounds to John Phillips Esq"" Lieutenant of 

^ his Majesty's Garrison at Castle William in consideration of his 

SiTif 27i''*' faithful discharge of that trust. [Passed February 13. 



[3d Sess.] Province Laws {Resolves, etc.). — 1766-67, 183 

CHAPTER 148. 

RESOLVE ALLOWING £40 TO THE CHAPLAIN OF CASTLE WILLIAM. 

Resolved tliat there be allowed and paid out of the public Treas- Legislative 
ury the Sum of Forty pounds to M"" Christopher Bridge Marsh Chap- coS.xxVi! 
lain at his Majesty's Castle William for one year in consideration of 3H9 . 
his faithful discharge of that trust. \^Passed February 13. House Jour. 



CHAPTER 149. 

RESOLVE ALLOWING £12 TO Y^^ CHAPLAIN OF THE TWO HOUSES. 

Resolved that there be allowed and paid out of the public Treas- Legislative 
ury the Sum of Twelve pounds to the Eev** Samuel Cooper for his councif xxw.^ 
faithful Service as Chaplain to the hon^'® Board, and the Hon''''' 390- 
House of Representatives the current year. \ Passed February 13. House Jour- 

^ •> ^ ^ nal, p. 270. 



CHAPTER 150. 

RESOLVE ALLOWING £200 TO THE PRESIDENT OF HARV^' COLLEGE. 

Resolved that the Sum of Two hundred pounds be granted & ^?'*''^''^fth 
allowed to be paid out of the public Treasury to the Rev*^ Edward council, xxvi., 

Holyoke President of Harvard College over and above the Rents of — 

Massachusetts Hall for one year ending the tenth day of September naTp!269^'^' 
last, to be paid quarterly. \^Passed February 13. 



CHAPTER 151. 

RESOLVE ALLOWING £100 TO THE PROFESSOR OF DIVINITY AT HAR- 
VARD COLLEGE. 

Resolved that there be granted and allowed to be paid out of the Legislative 
public Treasury to M' Edward Wigglesworth Hollisian professor of councff xxvl^, 
Divinity at Harvard College in Cambridge the Sum of One hun- 39t). 
dred pounds for a years Service ending the fifth of February Instant House Jonr- 
as a Gratuity in consideration of his faithful discharge of the great ^^ ' ^' '^'^^' 
and important trust that was reposed in him. [^Passed February 13. 



184 



Province Laws {Resolves, etc. ) . — 17(j(j-67. [Chaps. 152-154.] 



CHAPTER 152. 



Legislative 
Records of the 
Council, xxvi., 

390. 

House Jour- 
nal, p. 270. 



RESOLVE ALLOWING £100 TO THE PROFESSOR OF MATHEMATICS AT 
HARVARD COLLEGE. 

Resolved that there be granted and allowed to be paid out of the 
public Treasury to John Winthrop Esq'' Hollisian professor of Math- 
ematic's and natural Philosophy at Harvard College in Cambridge, 
the Sum of One hundred pounds as a Gratuity in consideration of 
his faithful discharge of the great and important trust reposed in 
him, and for his further encouragement therein. \_Passed Feb- 
ruary 13. 



CHAPTER 153. 



Legislative 
Records of the 
Council, xxvi., 
336, 391. 

Legislative 
Records of the 
Council, xxvi., 
303, 356. House 
Journal, 
pp. l.'iS, 159, 161, 
214, 241, 28-2, 283. 



ORDER IMPOWERING THO^ HART TO ENTER A COMPLAINT. 

A Petition of Thomas Hart, praying leave to enter a Complaint 
at tlie Superior Court in an Action against one Joseph Eaton, his 
neglect to do it seasonably notwithstanding, 

Read and 

Ordered that tlie Petitioner Thomas Hart be, and he hereby is 
impowered to enter his Complaint at the next Superior Court of 
Judicature, Court of Assize and General Goal delivery to be holden 
at Ipswich within and for the County of Essex on the third Tues- 
day of June next against Joseph Eaton for his debts and Cost in 
said Petition mentioned with additional Interest. And the said 
Court are hereby authorized and impowered to make up Judgment 
on said Complaint and award Execution thereon in the same man- 
ner as they Avould have done had the said complaint been entered 
at the Superior Court held at Salem aforesaid on the third Tuesday 
of June last. \^Passed February 14. 



CHAPTER 154. 



Legislative 
Records of the 
Council, xxvi., 
392. 

House Jour- 
nal, pp. 237, 282. 



RESOLVE REMITTING TO THE TOWN OF BRAINTREE £10 FINE FOR 
NOT SENDING A REPRESENTATIVE. 

A Petition of the Freeholders and other Inliabitants of the 
Town of Braintree Setting forth That the said Town by reason 
of the roughness of the Land are at the expence of little less than 
two hundred pounds a year for repairing and amending their Roads; 
notwithstanding which the Attorney General filed an information 
against the said Town, and in August last the Superior Court then 
sitting in Boston laid a Fine of Ten pounds upon said Town. And 
praying relief. 

[Read and] 

Resolved that the prayer of the Petition be granted, and that the 
Fine of ten pounds laid upon the Town of Braintree be, and hereby 
is remitted, and that no further proceedings be had thereon; it 
appearing to this Court that part of the way mentioned in the Peti- 
tion has so lately been laid out, and is so difficult to be made good 
that said Town ought to have had longer time for that purpose. 
\^Passed February 14. 



[3d Sess.] Province Laws (liesolveft^ etc.). — 1760-67. 185 



CHAPTER 155. 

RESOLVE ALLOWING 3,000 ACRES OF EQUIVALENT LAND TO IIEZ" WARD 

& OTHERS. 

A Petition of Ilezckiah Ward, Benjamin Clarke and Jon^ Mason Legislative 
Heirs and Attorneys for the Heirs of tlio Estate of Benj^ Clarke late colmcif, xVv l, 
of Boston deceased Eben'' Storer Executor of the Will of Ehenezer '^•''■J- 
Storer late of Boston Esq"" deceased, and Stephen Minor Admin"" of House Jour- 
the Estate of Jonas Clarke late of Boston aforesaid Esq'' deceased Set- "i^.' ''province' 
ting forth That they own certain Lands bought by them and their ^ifjiT,^'^"'' ^"^' 
predecessors lying in the North part of a new Township formerly 
called Boston Township N" 1, now Charlemont That they are de- 
prived of about two thousand Acres of Land by the West Line of 
Colrain being pitchd down before the Surveyor had run out the 
length of Line he has given in for the North Line of Charlemont. 
And praying for an equivalent. 

Eead & 

Resolved that there be granted to Hezekiah Ward & others. 
Assignees of the Town of Boston in proportion to their several 
losses of Lands in the Town of Charlemont by the running of the 
Lines of Colrain, three thousand Acres of the unappropriated Lands 
of this Province, adjoining to the said Town of Charlemont in full 
satisfaction for any deficiency of the contents of the original Grant 
of said Town : the said Assignees returning a Plan of the same taken 
by a Surveyor and Chainmen under Oath to this Court for Confir- 
mation within one year from this time. [^Passed Fehr^iary 16. 



CHAPTER 156. 

RESOLVE IMPOWERING SAMUEL GERRISH TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mary Huse of Newbury setting forth That her Legislative 
late Husband William Huse dec"^ was possessed of about forty Acres councif xxvi^ 
of Land in said Newbury lying in four pieces nearly three Miles 397. 
remote from each other, without either Wood or Stone thereon to House Jour- 
fence it. That he left an only Child Mary Huse an Ideot, and that olzl'm"^ p'roy! 
the Petitioner is unable to support herself or Child Avithout break- i?i''' ^'"^^^^ •• 

• 1 -r, 11 . n 1 151, chap. 10. 

mg in upon said Estate but has now an opportunity to sell the same 
and to purchase a Farm of One hundred Acres of Land well accom- 
odated for the support of a Family. And praying that she may be 
allowed to make the said Sale and purchase accordiiagly, and that 
Maj"^ Samuel Gerrish or some other meet person may be impowered 
to negotiate the affair. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that 
Maj'' Samuel Gerrish within named be, and hereby is authorized 
and impowered to make Sale of and convey the said Lands and 
Tenements late of the said William Huse herein named for the 
most the same will fetch and to make and execute a good Deed or 
deeds in Law to the purchasers, He observing the Eules & direc- 
tions in the Law for the Sale of Eeal Estates by Executors & Ad- 
min""*, and that the said Samuel Gerrish be, and hereby is impow- 



186 



Province LiAws {BesolveSf etc.) . — 1766-67. [Chaps. 157, 158.] 



ered and directed to lay out the monies arising by such Sale as 
aforesaid in the purchase of such other Lands and Tenements for 
the use of the Ideot named in this Petition, and her Heirs forever 
as may be most beneficial for her, and take a Deed or deeds of con- 
veyance thereof to himself and his Heirs in trust for the Ideot, and 
for the Sole use and behoof of her and her Heirs forever: but reserv- 
ing therein unto Mary Huse the Mother of the said Ideot and Widow 
of the said William Huse the use and improvement of one third 
part of such new purchased Land & Tenements during the life of 
the said Mary. Provided she first release unto the purchasers of the 
first mentioned Lands and Tenements all her Right of Dower in 
and unto the same. And that Samuel Gerrish Esq'' be accountable: 
and that when the Sale and purchases in said Petition mentioned, 
are compleated, he then lay the same before the Judge of Probate 
for the County of Essex for allowance. [Passed February 17. 



CHAPTER 157. 



RESOLVE ALLOWING £12. 12 TO BENJ^ AYRES. 



Legislative 
Records of the 
Council, xxvi., 
399. 

Mass. 
Archives, 
Ixxx., 633. 
House Jour- 
nal, pp. 240, '273, 
274. 



A Petition of Benj* Ayres of Ipswich Setting forth That in 
1761 he served during the Summer as a Soldier in the pay of the 
Province under Cap*^ Gideon Parker at Xova Scotia. That upon 
part of the Regiments return home he was by his own consent 
turned over to Cap' Johnson Moulton and served there under him 
for seven Months, but that his name is omitted in Cap' Moulton's 
Roll, and he thereby deprived of seven months pay. And praying 
relief. 

Read & 

Eesolved that there be allowed and paid out of the public Treas- 
ury to Cap' Farley of Ipswich twelve pounds twelve shillings in full 
for the use of the petitioner. [Passed February 17. 



CHAPTER 158. 



ORDER ASSESSING A TAX OF ONE PENNY PER ACRE YEARLY FOR 
THREE YEARS ON LANDS IN CHARLEMONT. 



Legislative 
Records of the 
Council, xxvi., 

•219, 406. 

Legislative 
Records of the 
Council, XXV., 
149; xxvi., 368. 
House .lour- 
nal, pp. 16,17, 
•255,276,301. 
Province 
Laws, iv., 1020, 
chap. 9; 1047, 
note; xii.,'275, 
chap. 33. 



A Petition of Aaron Rice Agent for the Town of Charlemont 
Setting forth. That the Grantees of said Township have so con- 
ducted their affairs as to have at this time only thirty Families 
settled therein, altho' the Grant was made near thirty years since 
upon the like conditions of Settlement as other Towns. That the 
general Court have already granted a Tax of One penny ^ Acre for 
three years on all the Lands in said ToAvn for making Roads, build- 
ing a Meeting House & Mills and for the support of Divine Wor- 
ship notwithstanding which the Meeting House is only raised & 
covered that they have no Minister yet Settled, and one half of the 
Inhabitants are in low Circumstances, whereby they are rendered 
unable to do these things themselves. And praying that the Non- 
resident proprietors may be obliged to fulfil the conditions of Set- 
tlement so far as belongs to them, and that there may be a tax of 



[3d Sess.] Province Laws (Besolves, etc.). — 1766-67. 187 

one penny p Acre for the term of three years granted on all the 
Lands lying in said Town for the purposes beforementioned. 

Read and 

Ordered that there be a Tax of one penny p Acre yearly granted 
for three years upon all the Lands in the Town of Charlemont, 
(public Lands excepted) and that the money thereby arising be 
applied as follows viz' Fifty pounds part of said money towards 
finishing the Meeting House already set up in said Town, and that 
the remainder of it be applied to pay for Preaching the Gospel and 
settling and supporting a Minister, And that the said Tax be final 
so far as respects those proprietors who have settled a proportion- 
able number of Families in said Town : The Petitioners to enter an 
Account of their doings in the Town Books. [Passed February 18. 



CHAPTER 159. 

ORDER DIRECTING THE RELEASE OF ISAAC SPOOR FROM GOAL. 

In the House of Representatives. On the Petition of Isaac Legislative 
Spoor Constable of the District of Egremont. Whereas it appears counctf .xlv^^ 
to this House that the Assessment committed to him to collect 407. 



amounted to the Sum of £64.4.6, of which he hath paid £16.9.8 House Jour- 
into the Treasury, the balance being Forty seven pounds, fourteen °ai>PP-264,288. 
shillings and ten pence due to the Province, for which he is now 
committed to Prison. 

Ordered That the keeper of his Majesty's Goal in Great Barring- 
ton, forthwith liberate the said Isaac from said Goal without Fee 
or charge: Provided He the said Isaac shall give Bond to the Select- 
men or Treasurer of said Town with sufficient surety that he will 
do his utmost endeavour to collect the said Sum of £47.14.10 and 
pay what he shall be enabled so to collect into the Treasury of the 
Province within six Months, and to the performance whereof, the 
said Isaac is hereby ordered, and as fully impowered as if the time 
of the first Collection had not been expired. And the Province Treas- 
urer is hereby directed and impowered to issue out a new Warrant 
to the said Isaac accordingly. And that part of his petition respect- 
ing his charge and sufferings, shall be referred to the further con- 
sideration of this Court. 

In Council, Read k Concurred. [Passed February 19. 



CHAPTEK 160. 



RESOLVE IMPOWERING THOMAS DANFORTH AND ABIGAIL HIS WIFE, 
ADMx, TO SELL PART OF AN ESTATE. 

A Petition of Thomas Danforth of Billerica and Abigail his Legislative 
Wife Admin^ of the Estate of her late Husband Abel Fox of said c^undf xxv^i^ 
Billerica deceased setting forth That the said Abel died seized 408. 
of a dwelling House and two Acres of Land in Billerica That she House Jour, 
before her intermarriage with the said Thomas, thought that she ^^^i-pp- 291.292. 
had paid all the debts of her said former husband, but it afterwards 
appeared otherwise, and [in] 17G6 the said Thomas was Sued and 



188 



Province Laws (i?eso?i'es,e<c.). — 1766-67. [Chaps. 161, ](i2.] 



imprisoned for a debt of the said Abel of twelve pounds, and was 
with much difficulty discharged. And praying tliat they may be 
enabled to make Sale of some part of the Estate of the said Abel 
for the discharge of the debt aforesaid. 

[Eead and] 

Resolved that the prayer of the Petition be granted, and that the 
petitioners are hereby impowered to make Sale of so much of the 
Eeal Estate of Abel Fox of Billerica aforesaid in the aforesaid Peti- 
tion mentioned as shall pay the Sum of Twelve pounds lawful money 
together with the charges of such Sale, and to execute a good deed 
or deeds of the same. [Passed February 19. 



CHAPTER 161. 



Legislative 
Records of the 
Council, xxvi., 
410. 

House .Jour- 
nal, p. 289. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING JOSEPH MOORS, ADMIN«, TO SELL REAL ESTATE. 

A Petition of Joseph Moors of Groton Admin'' of the Estate of 
Jonathan Moors late of Shirley deceased Setting forth That the 
said Jonathan's personal Estate is not sufficient by £42 to pay his 
just debts besides charges of settling; that he died seized of about 
80 Acres of Land with a small dwelling House and an old Barn 
thereon, lying in Shirley aforesaid. And praying that he may be 
impowered to sell the same in order to discharge the said debts, he 
to be accountable. 

[Read and] 

Resolved that [the]' Petitioner in his said capacity be and hereby 
is impowered to make Sale of the whole of the Real Estate of the 
said Jonathan Moors, and to execute a good deed or deeds in Law 
of the same; he observing the Rules and directions of the Law of 
this Province respecting the Sale of Real Estates. Provided he give 
sufficient caution to the Judge of Probate for the County of Mid- 
dlesex that the proceeds there of be applied for the purposes men- 
tioned in the Petition. [Passed February 19. 



CHAPTER 162 



Legislative 
Records of the 
Council, xxvi., 
411. 

House Jour- 
nal, pp. 279,291. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING JOSEPH EMES, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Joseph Ernes of Framingham Guardian of Abigail 
Gleason a Minor now in her 20"' year Setting forth, That the said 
Abigail had set off to her of the Estate of her late Father Eben' 
Gleason of said Framingliam deceased 3 small pieces of Laud, one 
containing three Acres, another six and another one, with one third 
of two third parts of the Buildings left by her said Father, and of a 
Barn built since his death : that she is now about marrying, and is 
desirous, as is also her Mother and other Friends, that the same may 
be sold to enable her to go to Housekeeping. And praying that he 
may be impowered to make Sale of the same accordingly. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that the 
within named Joseph Emes be and he hereby is impowered in his 

' Inserted from the House Journal, p. 289. 



[3d Sess.] Province Laws {Resolves, etc.). — 17HH-H7. 189 

capacity to make Sale of the premises mentioned in this Petition 
for the most the same will fetch, and to make and execute a good 
deed or deeds in Law to the purchaser, he observing the Rules and 
directions of the Law for the Sale of Real Estates by Executors and 
Admin", and the proceeds arising by sale to be applied for the ben- 
efit of the said Abigail. \^Passed February 19. 



CHAPTEK 163. 

RESOLVE IMPOWERING ISRAEL STEVENS, EXECUTOR, TO SELL REAL 

ESTATE. 

A Petition of Israel Stevens of Grafton Exec"" of the last Will Legislative 
& Testament of Jacob Stevens late of Stowe deceased Setting councif.xxvh, 

forth That the debts due from the said deceaseds Estate amount to ^ 

Five pounds twelve shillings and seven pence more than the said Sri"pp;'2'fi6!^29L 
deceaseds Personal Estate: that he died seized of two small pieces Province 
of unimproved Land lying in Stow amounting to but little, if any chap%.'' ' 
thing more in value than the Sum aforesaid. And praying that he 
may be impowered to make Sale of the said Lands in order to dis- 
charge the forementioned debts. 

[Read and] 

Resolved that the prayer of the foregoing Petition be so far granted 
as that the petitioner Israel Stevens in his said capacity be, and hereby 
is impowered to make sale of the two small pieces of Land in the 
Petition mentioned for the most the same will fetch, and to make 
and Execute a good deed or deeds thereof; he observing the direc- 
tions of the Law relating to the Sale of Real Estates by Executors 
& Admin" and giving sufficient security to the Judge of Probate 
for the County of Middlesex that he will duly account for the pro- 
ceeds thereof. \^Passed February 19. 



CHAPTER 164. 

RESOLVE IMPOWERING JOHN JONES, ATTY, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Resolved that the Prayer of the Petition of John Jones Attorney Legislative 
to Samuel Ompany and Zurviah Ompany be Granted, and that the n ^''nco^ xx*^^ 
said John Jones, be and he is hereby Impowered to make Sale of 412. Mass', 
the Several Tracts of Land mentioned in S'' Petition for the most xxx^^Cs-ji. 
they will fetch and to make and Execute a Good Deed or Deeds in magg. ' 
the Law to the Purchaser he Observing the Directions of the Law Archives, 
relative to the Sale of real Estates by Executors k Administrators sgsi'^LegisIa. 
and Giving Sufficient Caution to the Judge of Probate for the County o7fhe council, 
of Middlesex that the Proceeds arising by Such Sale Shall be Secured ^J^^^^^l\,^ 
& transmitted to M'' Zachariah Mayhew & Jonathan Allen Esq" of na^i^pp. 38?70, 
Chilmark on Marthas Vinyard by them to be kept on Interest for fnce Laws^''°^' 
the benefit of the Said Samuel Ompany and Zurviah Ompany and ii.,i5i,chap. 
their Heirs Excepting only Ten Pounds (if need be) to be Applyed 
towards finishing the House in Said Petition Mentioned and to pur- 



190 



Province Laws (i2eso?ves, e^c). — 1766-67. [Chaps. 165,160.] 



chas them the Said Samuel and Zurviah Such things as may be 
Necessary the Said Zachariah Mayhew & Jonathan Allen to be Ac- 
countable to this Court. \^Passed February 19. 



CHAPTEE 165. 



RESOLVE IMPOWERING JOHN HALE TO SELL REAL ESTATE AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 



liegislative 
Records of the 
Council, xxvi., 
413. 

House Jour- 
nal, pp. 236, 286. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of John Hale of Boxford Setting forth That Thomas 
Jewit late of Winchendon gave by Will to his four Sons, Daniel, 
David, Moses and Enoch Jewit certain Lots or parcels of Land in 
s** Winchendon: that great charges have since arisen on said Lands, 
which their friends have paid so far as they are able, but tliat some 
part at least must now be sold for defreying said Charges, and should 
they be sold by the proprietors Committee in the usual way, they 
would sell to great disadvantage And praying that he may be im- 
powered to sell the whole of said Lands; He to be accountable. 

Eead & 

Resolved that the petitioner John Hale be, and hereby is author- 
ized and impowered to make Sale of the Lands mentioned in the 
Petition viz' all of it which belongs to David, Moses & Enoch, and 
to make and execute a good deed or deeds of the same, he observ- 
ing the directions of the Law respecting the Sale of Real Estate by 
Executors & Admin", and giving sufficient caution to the Judge of 
Probate for the County of Worcester that the proceeds of said Sale 
shall be applied in the manner following viz' after the debts which 
are now due upon said Lands are paid, the remaining part of the 
proceeds of said Sale be put to interest for the benefit of the said 
David, Moses & Enoch. \^Passed February 20. 



CHAPTEE 166. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF THE 
COUNTY OF DUKES COUNTY. 



Legislative 
Kecords of the 
Council, xxvi., 
414. 

House Jour- 
nal, pp. 14,304. 



An Account of Gershon Cathcart Treasurer of Dukes County 
having been presented for allowance the following Order passed 
thereon viz' 

Resolved that the foregoing Account being right cast and well 
vouched be accepted, and that the Treasurer be discharged of the 
Sum of One hundred and twenty two pounds, seventeen shillings 
and two pence which he has paid by order of the Court of Sessions, 
and that he be further accountable for a balance of One pound, one 
shilling, one farthing still remaining due to the County. \^Passed 
February 20. 



[3i) Sess.] Province Laws {ResolveSy etc.). — 1766-67. 191 



CHAPTER 167. 

RESOLVE IMPOWERING JON-^ WINGATE AND HANNAH HIS WIFE, ADM^ 
TO EXECUTE A DEED. 

A Petition of Jonathan Wingate and Hannah his Wife as she Legislative 
the said Hannah was Administratrix of the Estate of her late hus- oouncif, xx v'l 
band Samuel Beard late of Scarborough deceased Setting forth Tliat ^u^ 



the said Samuel on the 23*^ of February 1739 gave to one Walter Foss House Jour, 
a note of hand for the Sum of Two hundred pounds as a security 2^.'^^' * ' 
for his giving to said Walter a Deed of his the said Samuel's part 
of the Overplus Land so called then being in Biddeford, but now in 
Pepperelborough, but that he did not live to execute the said Deed. 
And praying tluit they may be impowered to give the Deed afore- 
said, that so the said Note may be cancelled. 

[Read and] 

Resolved that the prayer of the Petition be granted ; and that the 
Petitioner for the reasons set forth in the petition be, and they are 
hereby impowered to give & execute a good deed in Law to the said 
Walter Foss of the Overplus Lands mentioned in the Petition. 
\^Passed February 20. 



CHAPTER 1G8. 

ORDER ASSESSING A TAX OF A HALF PENNY PER ACRE FOR THREE 
YEARS ON LANDS OF NON-RESIDENT PROPRIETORS IN FITCHBURG. 

A Petition of Amos Kimball Agent of the Town of Fitch- Legislative 

Records of the 

burgh Setting forth That the said Town was lately set off from Council, xxvi., 
Lunenburgh, that two public Roads & most of the Bridges which Archives^" 
were in Lunenburgh now fall within Fitchburgh, that the said cxxi., 442. 
Roads running through rough & miry Lands are very expensive, Legislative 
besides which they have lately built a Meeting House & supported couucif, xxvif, 
the public Worship in said Fitchburgh, which they find too heavy j'^uru^i'^^p 40 
for them, and as the Lands of the Nonresident Proprietors are greatly 200, 251, 262, 273,' 
benefited by these means Praying that a Tax of one penny ^ acre 'mce La\v8,^ivT,' 
may be laid on said Lands for the term of three years to defrey the 685, chap. 30. 
charges aforesaid. 

Read and 

Ordered that the Petition be so far granted as that there be a 
yearly Tax of half penny ^"^ acre laid upon the Lands of the Non- 
resident Proprietors in said Township for the term of three years 
That the money raised by said Tax be applied to the making & 
repairing Bridges an.d Roads in said Town & for no other purpose 
Avhatever That the assessors and Constables or Collectors of said 
Township be respectively impowered to assess and collect the same; 
and in case any of said Proprietors shall neglect or refuse to pay 
their respective assessments that so much of their Land be sold as 
may be sufficient for that purpose, and to defrey the charges of 
Sale, and that the assessors of said Town be impowered to make & 
execute proper Deeds thereof, first giving notice of said Sale six 
weeks at least before it be made in all the Boston News papers three 
weeks successively & returning the Overplus if any there be, after 
said Sale to the owner on demand, and that the Town Clerk of the 



192 Province Ijxyfs {Resolves, etc.) . — 1 7(3(5-6 7. [Chaps. 1(!SI, 170,] 

Town of Fitchburgh shall by the first day of May which will be 
Anno Domini One thousand, seven hundred and seventy one exhibit 
to the Secretary of this Province a true account of the application 
of said Tax to be filed in his office for the inspection &, satisfaction 
of the non resident proprietors. \_Passed February 21.^ 



CHAPTER 169. 

ORDER IMPOWERING JOHN MERRETT TO ENTER A COMPLAINT. 

Records^onhe ^ PETITION of Johu Mcrrett of Providence in the Colony of 
Council, xxvi., Ehodc Island Setting forth, That in Feb'' last he recovered Judg- 

— ment at the Inferior Court held at Northam})ton for the County of 

naiypp!29Mii. Hampshire against Ebenezer Davis of Ware in said County for the 
Sum of £19.8.5Mj debt & £4.1.8 costs; from which Judgment the 
said Ebenezer appealed to the Superior Court holden at Springfield 
for the said County in September last, but did not prosecute his 
Appeal. And the petitioner furnished himself with Copies in order 
to enter his complaint at the Superior Court, but his attorney by 
mere accident forgot it. And praying that the said Court may be 
impowered to receive the Complaint and make up Judgment and 
award execution thereon. 
Read & 

Ordered that the prayer of the foregoing Petition be so far granted 
that the Petitioner be allowed to enter his Complaint at the next 
Superior Court of Judicature &c to be holden at Springfield within 
the County of Hampshire, and for the Counties of Ilampshire & 
Berkshire on the last Tuesday of September next, against the said 
Eben'' Davis for his not prosecuting his aforesaid Appeal: and the 
said Justices of the said Court are hereby fully impowered to receive 
said Petitioners Complaint, and to enter up Judgment thereon 
against said Ebenezer as prayVl for (if they shall see fit) and that 
said Judgment shall be as valid as if the same complaint had been 
entered and Judgment thereon made at the last Superior Court. 
\^Passed February 23. 



CHAPTER 170. 

RESOLVE IMPOWERING JOHN BALL, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Legislative ^ PETITION of John Ball of Boston Guardian of Victor, John 

Council, xxvi., and Hannah Blair Children of Eben' Blair late of Boston de- 

^— ceased Setting forth That there was set off to the said Children 

nai"pp.'^293)^3i8. ^^^^ third part of a piece of Land with an old Building thereon 
Province ' being part of the Estate of their uncle Bethel Blair dec*^ fronting 
cifap.'io."' ' fifty foot on purchase Street, of about 70 feet in depth; that about 
sixteen feet of said fifty with an old irrepairable Shop thereon, fell 
to the share of the said Children, Avhich can be of little advantage 
to them as it lyes. And praying that he may have liberty to make 
Sale thereof for the benefit of the said Children. 

1 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 23. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1766-67. 193 

Read & 

Resolved that Jolm Ball Guardian to Victor, John & Hannah 
Blair mentioned in this Petition be, and hereby is impowered in 
his said capacity to make Sale of the premises within mentioned for 
the most the same will fetch, and to make and execute a good deed 
of tlie same to the purchaser; he observing the Rules and directions 
of the Law for the Sale of Real Estates by Executors & Administra- 
tors, and the monies arising by such Sale to be put to interest for 
the benefit of the said minors. \^Passed February 24. 



CHAPTER 171. 

RESOLVE IMPOWERING ELIZ^ RIDER, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elizabeth Rider of Douglas Adm^ of the Estate Legislative 
of Joseph Rider late of Douglas deceased Setting forth That the ?^^^° elf, xxv^u. 

deceaseds debts amount to twelve pounds more than his personal ^ 

Estate : that he died Seized of about forty eight Acres of Land only House Jour- 
twelve of which are under improvement, & the rest is poor Land sa^.'fw.sis. ' 
scarce worth the clearing, the House upon it small and unfinished, £aw8°^'® 151 
and no Barn: that he left a Family of Children, the oldest not chap. 10.' 
eleven years of age, and that it would be for their interest to have 
the premises sold. And praying that she may be impowered to sell 
the same accordingly. 

The facts set forth in the Petition being true. 
Resolved That the said Elizabeth Rider in her said Capacity be, 
and she hereby is impowered to make Sale of the whole of the Real 
Estate of the deceased mentioned in the Petition for the most the 
same will fetch, and to make and execute a good deed or deeds in 
Law to the purchaser; She observing the direction in the Law re- 
specting the Sale of Real Estates by Executors & Admin", and 
giving proper caution to the Judge of Probate for the County of 
\Yorcester that the money arising by such Sale be applied for the 
payment of the just debts of the dec*^ and the remainder for the 
benefit of the Heirs. And the Judge of Probate for the County of 
Worcester is hereby impowered to take security for the payment of 
the Interest of one third part of the proceeds of the Sale of said 
Estate to the said Elizabeth during her natural life in lieu of her 
right of Dower in s*^ Estate. \^Passed February 24. 



CHAPTER 172. 

RESOLVE IMPOWERING ASA STOWERS AND REBECCA HIS WIFE, GUAR- 
DIAN, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Asa Stowers and Rebecca his Wife as she is Guar- Legislative 
dian to Jonathan Lynd a Minor about ten years of age Setting councif.xxvif, 

forth. That Cap' Daniel Denny late of Leicester gave to the said ^^ 

Jonathan his Grandson by his last Will a piece of Land in said House Jour- 
Leicester containing about thirty eight Acres which is under a province' 
Mortgage for the payment of about One hundred and twenty pounds ^ifapfVo.'* ^^^' 



194 



Province Laws {Resolves, etc.). — 1766-67. [Chaps. 173, 174.] 



to one Phoebe Read, about nine Acres of which is set to a Widow 
during her natural life. And praying she may be impowered to sell 
the said nine Acres in order to discharge the said Mortgage. 

The facts set fortli in this Petition appearing to be true; there- 
fore 

Resolved That the prayer of this Petition be granted ; and that 
the Petitioners in their capacity be, and hereby are impowered to 
make Sale of the nine Acres of Land mentioned in this Petition for 
the most the same will fetch and to make and execute a good deed 
or deeds to the purchaser, they observing the rules and directions 
in the Law for the Sale of Real Estate by Exec''* & Admin" and 
giving proper caution to the Judge of Probate for the County of 
Worcester that the monies arising by said Sale be applied for the 
discharge of the Mortgage to the said Pha?be Read, and the Over- 
plus, if any there be, to be put to interest for the benefit of the 
said Jonathan Lynd. \^Passed February 25. 



CHAPTER 173. 



ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF 
CERTAIN INHABITANTS OF FALMOUTH TO BE ANNEXED TO THE DIS- 
TRICT OF CAPE ELIZABETH. 



Legislative 
Records of the 
Council, xxvi., 
430. 

Legislative 
Records of tlie 
Council, XXV., 
384. House 
Journal, 
pp. 236, 319. 
Province 
Laws, iv., 838, 
chap. '2fi\ 872, 
note; xvi., 445, 
chap. 213. 



A Petition of a number of the Inhabitants of Cape Elizabeth, 
formerly the second parish in Falmouth who were some time since 
set off from the said second to the first parish in Falmouth Setting 
forth That they had since petitioned to be set back to the second 
parish, the prayer whereof they imagine was granted in effect, tlio' 
not in form:. And praying that they or as many of them as think fit, 
may be set off from the first parish in Falmouth to the District of 
Cape Elizabeth. 

Read & 

Ordered that the petitioners notify the District of Cape Elizabetli, 
and the first parish in Falmouth by leaving a Copy of this Petition 
and Order with each of their respective Clerks: And the Petitioners 
are also ordered to notify the persons mentioned in their Petition 
to be taxed by causing the said Petition and Order to be read to 
them respectively, or a Copy thereof left at their place of dwelling, 
so that all parties concerned may have opportunity to be heard upon 
the same on tlie second Wednesday of the Session of the General 
Court in May next; and the Collection of the Taxes of those persons 
referred to in this Petition is ordered to be stayed until the further 
Order of this Court. \^Passed February 25. 



CHAPTER 174. 



ORDER DIRECTING THE OVERSEERS OF THE POOR OF THE TOWN OF 
ROXBURY TO TAKE IMMEDIATE CARE OF ROBERT BOS WORTH. 



A Petition of the Selectmen of Dorchester, Roxbury and Brook- 



Leglslative 

Council, xxvi., lyn Setting forth That one Robert Bosworth a stranger & delir- 

— eous has for divers years past made it his practice to wander about 



[3d Sess.] Province Laws (Iiesolvef(,etc.). — 170(5-67. 195 

from House to House in the said Towns to tlie great annoyance & ]f^\^fl'l^^%23 

disturbance of tiie Inluibitants, and to the endangering his own 

life, as ho has no settled place of aboad, and no other Shelter in 

some of the severest weather but such Barns as he happens to light 

upon. And praying tlie order of this Court respecting the said 

Robert. 

Read and 

Ordered that the Overseers of the poor of the Town of Roxbury 
take immediate care of the within named Robert Bosworth by pro- 
curing suitable Cloathing and subsistence for him in as reasonable 
manner as his circumstances will admit of; and that he be imployed 
in some business, if callable thereof. And that they render an ac- 
count of their disbursements in order to receive out of the public 
Treasury all such Sum or sums of money as may be needful for his 
support more than the fruits of his own labour during the pleasure 
of this Court. \^Passed Fehruary 25. 



CHAPTER 175. 

RESOLVE ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE HAS- 
SANIMISCO INDIANS. 

The Account of the Trustees of the Hasanamisco Indians ap- Legislative 
pointed by the General Court to receive the Interest money arising couucif xxvi^ 
by the Sale of their Lands was presented for allowance 434. Mass. 

Signed Artemas Ward Tim« Paine xxxml.^. 



Whereupon the following Order passed, viz' House Jour- 

Resolved that the Said guardians be & hereby are further account- proviiicef' 

able for the Sum of Two pounds fourteen Shillings & Eight pence |^|^^c^ai7^io4 

above mentioned. \^Passed February 25. 



CHAPTER 176. 

ORDER ALLOWING £48. 12. 3 TO PHINS LOVET. 

A Petition of Phineas Lovet Captain of the military Foot Com- Legislative 
pany in the Town of Mendon Setting forth That in the years 1758 counnf xU'r 
& 1759 He was by a Law of this Province obliged to raise a certain ise. Mass. 
'number of Men for the general Service of the War: that the Gov- i^xx.^lfi?. 
ernment allowed a certain Sum as a bounty to encourage Men to Mass^ 
inlist, and provided that in case a sufficient number should not A'"*^'"^!^.' 
inlist by a certain day there should be an impress to compleat the House Joiir- 
Quota of each Company; and in case there should be any of the provmcl^*^' ^^" 
people called Quakers liable to be impressed, the Captain of the Com- \'V'^\ ^'^•'P?' 
pany to which they belonged were impowered & required to employ 635', note.'" ' 
a Sum not exceeding £13.6.8 ^ Man to hire one in the room of such 
Quaker, which Sum was to be assessed on such Quaker who was thus 
excused from a personal Impress. That the Province Bounty being 
insufficient to procure the men by inlistment, his Company agreed 
to Augment the Bounty in order to prevent an Impress; which pro- 
posal was communicated to one George Aldrich whom the Quakers 
had appointed to represent them, and he readily complied there- 



196 



Province IjAws (Besolves, etc.). — 1766-67. [Chaps. 177, 178.] 



with ; and by this means the inlistment was effected notwithstand- 
ing which the said Aldrich commenced an action against the Peti- 
tioner for the Sum assessed on him, alledging that as the men, upon 
Record appeared to be inlisted men, the Quakers were not by Law 
held to pay any part, and finally recovered of him £6.7.4 damages, 
and £15.8.3 Costs, for which Sums execution was issued, and he 
paid the money, besides other Charges & expences. And praying 
relief. 

Read & 

Ordered that there be allowd & paid to the Petitioner out of the 
publick Treasury the Sum of forty Eight Pounds twelve shillings & 
three pence in full Satisfaction for his Expence in the Suit brot 
against him by George Aldrich as set forth in the Petition. [Passed 
February 26. 



CHAPTER 177 



RESOLVE REMITTING TO THE TOWN OF STURBRIDGE £20 FINE FOR 
NOT SUPPORTING A GRAMMAR SCHOOL. 



Legislative 
Records of tlie 
Council, xxvi., 
437. Mass. 
Archives, 
cxviii., 230. 

Mass. 
Archives, 
cxviii., 229. 
House .Jour- 
nal, pp. 30.5, 322, 
331. 



In the House of Representatives 

On the Petition of Moses Marcy Esq"" Agent for the Town of 
Stirbridge Praying that a fine ordered upon said Town by the 
Court of Gen" Sessions of the peace in the County of Worcester 
for their not being Supplied with a Gramer School may Be Remitted 
to them 

AVhereas it appears to this House that the Inhabitants of said 
Town Labour under many Difficulties by Reason of their Scituation 
and have been Subjected to Great Charges in Settling a minister 
Therfore 

Resolved that the fine mentioned in said Petition be Remitted to 
Said Town of Stirbridge and Said Town shall be, and Accordingly 
is hereby Discharged from the payment of the same 

In Council Read & Concurred. [Passed February 27. 



CHAPTER 178. 



RESOLVE ALLOWING £2. 12. 5 TO JACOB MARTIN AND £2. 8. 10 TO JOHN 

LAKEMAN. 



Legislative 
Records of the 
Council, xxvi., 
438. Mass. 
Archives, 
Ixxx., 63.5. 

Mass. 
Archives, 
Ixxx., 634. 
House Jour- 
nal, p. 339. 



A Petition of Jacob Martyn and John Lakeman both of Ips- 
wich Setting forth That they inlisted into his majesty's Service 
in the pay of this Province on the 20* of March 1763 under Cap' 
Nathan Brigham, the said Martyn serving as a Sergeant, and Lake- 
man as a private, and that when the Roll was made up they were 
by mistake entered on the 26'*' day of April. And praying Relief. 

[Read and] 

Resolved that the Prayer of the Petition be Granted and there be 
paid out of the Publick Treasury to Cap' Mechael Farley the sum 
of Two pounds Twelue Shillings & 5*^ for the use of the Petif Jacob 
Martyn and the Sum of Two pounds Eight Shillings and Ten Pence 
for the use of the Petiti"^ John Lakeman In full to Compleat the 
wages Due to Each of the Petitioners. [Passed February 27. 



[3d Sess.] Province Laws {JResolves, etc.). — 1760-67. 197 

CHAPTER 179. 

RESOLVE ALLOWING £188 TO HARRISON GRAY, TREASURER. 

A Petition of Harrison Gray Esq'' Province Treasurer, praying Legislative 
an allowance for his extraordinary Service in borrowing money and councu, xlVi^, 
issuing the Securities for the same; for paying the Interest due on ^rchwe/^civ 
former Securities, and drawing Bills of Exchange on the Agent, 415.' 
for which Services the Court have made him allowances extraordi- Mass. 
nary in time past. i\4!"" House ^■' 

[Read and] Journal, _ 

Resolved, That the Sum of one hundred & eighty three pounds pnjvin'oe '" 
be granted & paid out of the publick Treasury to the Petitioner in ^s^^^i'i.j'^^^ts. 
full Consideration of the extraordinary Services mentioned in his Anie,v.m, 
Petition. [Passed February 27. ^' 



CHAPTER 180. 

RESOLVE ALLOWING £100 TO AND""' OLIVER, SECRETARY. 

A Petition of Andrew Oliver Esq' Secretary of the Province, Legislative 
representing that the Fees & Emoluments of his place have in the councff xxvl* 
year past fallen short of what they had heretofore been, although ^i- 
his time has been equally employed in attending on the business House Jour- 
of the Court: That the Station he is in, is confessedly a place of ^Antf^-p^lhT'' 
great labour & care, which he has dearly experienced in the injury ^^^^p- i*^- 
done his health by a close attention to the business belonging to it ; 
and that his public Station demands a greater expence than would 
be expected in private life: And after acknowledging with grati- 
tude the usual Grants which have been made him the present Ses- 
sion, amounting to £140 Praying for a further allowance as well for 
himself as to procure assistance in the business of his office. 

[Read and] 

Resolved that the Sum of One hundred pounds be allowed and 
paid out of the public Treasury to the hon'^'* Andrew Oliver Esq"" 
Secretary of this Province to enable him to pay for assistance in 
his office the year past. [Passed February 28. 



CHAPTER 181. 

RESOLVE ALLOWING £120 TO WILLIAM BAKER, DOORKEEPER. 

A Petition of William Baker Doorkeeper to his Excellency the Legislative 
Governor and messinger of the two Houses Setting forth That the coun^df xxvi^ 
whole of his time is spent in the said Services, and that being obliged 442. 
to live near the Court House, he sits at a great Rent. And praying House Jour- 
an allowance. na , p. 

[Read and] 

Resolved that there be allowed and paid out of the public Treas- 
ury the sum of One hundred and twenty pounds to M' William Baker 
doorkeeper to his Excellency the Governor & this Court for his Ser- 
vice for one year to be paid quarterly. [Passed February 28. 



198 



Province Laws (i?e.s'o/ve.s,e^c.). — 176G-67. [Chaps. 182, 183.] 



CHAPTER 182. 



Legislative 
Records of tlie 
Council, xxvi., 
442. Mass. 
Archives, 
Ixxxvii., 113. 

Mass. 
Archives, 
Ixxxvii., 112. 
House Jour- 
nal, pp. 264, 340, 
341. 



ORDER ALLOWING £400 TO THE SUFFERERS BY FIRE IN BOSTON. 

A Petition of the Selectmen of the Town of Boston Setting 
forth That on the 3*^ Instant a Fire brake out in the said Town 
whereby between forty & fifty Families were burnt out and lost 
their Houses & great part of their furniture and Provisions, the 
most of whom are reduced to the extremest necessity. And as the 
said Town is not yet recovered from the distresses brought upon it 
by a former Fire, and by the small pox which lately passed through 
it, Praying such Relief to those Sufferers who are real objects of 
Charity as this Court shall judge meet. 

[Read and] 

Ordered that there be allowd & paid out of the publick Treasury 
the Sum of Four hundred Pounds, into the hands of tlie Selectmen 
of the Town of Boston, for the use »& Comfort of those Sufferers by 
the late Fire in said Town who are proper Objects of immediate 
reliefe, to whom said Selectmen are hereby impowerd to distribute 
the same in proportion to their several Losses. [Passed February 28. 



CHAPTER 183. 



Legislative 
Records of the 
Council, xxvi., 
322, 439. 

Mass. 

Archives, xiv., 
472. Legisla- 
tive Records of 
the Council, 
xxvi., .331, 394, 
,395. House 
Journal, 
pp. 194, 198, 200, 
201,285,289,337, 
338. 



ORDER DESIRING THE GOVERNOR TO ISSUE A BRIEF, FOR COLLEC- 
TIONS IN BEHALF OF THE CHURCH AT NOBLETOWN AND ALLOWING 
£50 OUT OF PROVINCE TREASURY THEREFOR. 

A Petition of William Kellog in behalf of the Churcli and 
people at a place called Nobletown Setting forth That by the 
late most distressing depredations made on them by a number of 
people from New York Government, the Inhabitants are so reduced 
that they are utterly unable to contribute towards the support of 
the Gospel among them, and being now in Arrears about the Sum 
of £100 to the Re-v*^ M' Smith their Minister which, under tlieir 
present circumstances it is impossible for them to discharge, Pray- 
ing that a Brief may be issued for their Relief. 

[The com^^*^'^ report] Read, and so far accepted, as that his Ex- 
cellency be desired to issue a Brief for making Collections in the 
several Towns, Districts and Parishes within the Counties of Hamp- 
shire, Berkshire and Worcester for the relief, of the sufferers men- 
tioned in said Petition, the money collected to be paid into the 
hands of John Ashley of Sheffield and Timotliy Woodbridge of 
Stockbridge Esq" to be by them distributed accordingly, to their 
best discretion. And 

Ordered that the Sum of Fifty pounds be allowed and paid out 
of the public Treasury to the Petitioner to be distributed by John 
Ashley of Sheffield & Timothy Woodbridge of Stockbridge Esq" 
for the immediate relief of the sufferers mentioned in the Petition: 
the said John Ashley and Tim° Woodbridge Esq""^ to lay an account 
of such distribution before this Court. \_Passed March 3. 



[3d Sess.] Province Laws {Resolves, etc.). — 17(JG-67. 199 



CHAPTEE 184. 

RESOLVE GRANTING TO ISAAC HALL LICENCE TO SELL STRONG DRINK. 

A Petition of Isaac Hall of Medford setting forth That he Legislative 
hath hitely built a Still House in said Town, and hath obtained the counc'if, xxv'i^, 
approbation of the Selectmen to retail spirituous Liquors; but as 443. 
the time for granting Licenses in the County of Middlesex will not House .lour- 
arrive till September next, praying that the next Court of General ^'^'^^' 
Sessions of the peace for the said County may be impowered to 
grant him a License for the purpose. 

[Read and] 

Resolved i\vii,i the prayer of the Petition be granted: and that the 
Justices of the General Sessions of the peace for the County of Mid- 
dlesex be impowered (if they see cause) to grant the Petitioner a 
License at their next Session, the time for granting Licenses being 
elapsed notwithstanding he first obtaining the approbation of the 
Selectmen of the Town of Medford therefor. [^Passed March 3. 



CHAPTEE 185. 

RESOLVE GRANTING THE PROPRIETORS OF SIX TOWNSHIPS EAST OF 
THE PENOBSCOT RIVER FURTHER TIME TO OBTAIN THE APPROBA- 
TION OF HIS MAJESTY. 

A Petition of Samuel Downe and Matthew Thornton in behalf Legislative 
of the Grantees of the six Townships in the Territory of Sagade- coun^f, xiv*i^, 
hock granted to David Marsh and Others Praying that a further Archi^es^^" 
time may be granted them for obtaining his Majesty's Approbation cxvui., aie. 
of the Grant of this Court. Mass. 

[Read and] ^-^^^ik 

Resolved, That the Grantees of the six Townships east of Penob- R^^'rd*^^f th 
scot River granted by this Court in March 1762 (to David Marsh Councif, xxvi., 
and others) be allowed the further Term of eighteen months to jolirn^i*"^'' 
obtain his Maiesties Approbation of the Grant mentioned. \ Passed pp-n.56,343, 

nr 1 6> •- 344. Province 

March 3. Laws.xvii., 

575, chap. 144. 



CHAPTEE 186. ' 

RESOLVE IMPOWERING SARAH SYLVESTER, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Sylvester of Hanover Guardian to her only Legislative 
Child Matthew Sylvester a Minor now in the 14*'* year of his age Set- Records of the 
ting forth. That the said Minor is interested one sixth part in a dwell- 445. ' ' '' 
ing House, Corn house and Barn in said Town wliich have no Land House Jour- 
belonging thereto, but what the said Buildings cover: that she hath utul'^^Prov. 
built a House on Land belonging to her said Son, which she is ince Laws, n., 
unable at present to finish: and as she hath now an opportunitv of ^^'^ ^p- 10. 
disposing of her Sons interest in the forementioned buildings, which 
can be of no advantage to him to hold. Praying that she may be 



200 



Province IjAVfS, {Resolves, etc.). — 1766-67. [Chaps. 187, 188.] 



enabled to make Sale of the same in order to finish the House she 
has set up as aforesaid. 

The facts set forth in this Petition appearing to be true, there- 
fore 

Resolved that the prayer of this Petition be granted, and the 
Petitioner in her said capacity as Guardian be, & hereby is impow- 
ered to make Sale of the premises mentioned in this Petition, for 
the most the same will fetch, and to make and execute a good deed 
thereof in Law to the purchaser. She observing the Rules and direc- 
tions of the Law for the Sale of Real Estates by Executors and 
Admin", and the money arising by the said Sale to be applied for 
the purposes mentioned in this Petition: and that slie give suffi- 
cient caution to the Judge of Probate for the County of Plimouth 
that the said Money shall be applied accordingly. \^Pa8sed March 3. 



CHAPTER 187. 



ORDER ALLOWING £14. 12. 11 TO W" KELLOGG. 



Legislative 
Records of the 
Council, xxvi., 
446. Mass. 
Archives, 
cxviii.,237. 

Mass. 
Archives, 
cxvlii., 236. 
House Jour- 
nal, pp. 343, 345. 
Ante, p. 198, 
chap. 1^*3. 



William Kellogg presented to the Court an Account of the 
expences of four several Journeys from Nobletown to Boston in 
behalf of the distressed people of that place, and thereupon the 
following Order passed viz' 

Orderd that the foregoing Account be accepted & that there be 
allowd & paid out of tlie publick Treasury unto the said William 
Kellog the Sum of fourteen pounds twelve shillings & Eleven pence 
in full for the same. \^Passed March 3. 



CHAPTER 188. 



RESOLVE ALLOWING £50 ABATEMENT ON THE PROVINCE TAXES OF 

GLOUCESTER. 



Legislative 
Records of the 
Council, xxvi., 
448. Mass. 
Archives, 
cxviil., 221. 

House Jour- 
nal, pp.265, 348. 



A Petition of the Selectmen of Gloucester representing their 
losses in the course of the last year, having lost nine out of nine- 
teen Fishing Schooners which sailed just before a violent Storm in 
March last, several others of them being much wreckt, besides which 
they lost one Vessel in the West Indies. And praying Relief. 
Read & y^ facts sett forth in the Petition appearing to be true 
Resolved That y* Prayer of the Petition be granted & that the 
Sum of Fifty Pounds be abated the Town of Glocester out of their 
Taxes for the year 170(5 in consideration of their Losses & Suffer- 
ings. {^Passed March 4. 



[3d Sess.] Province Laws {Resolves, etc.). — 17GG-67. 201 



CHAPTER 189. 

RESOLVE IN REGARD TO INTENDED SALES OF LANDS AND ASSESS- 
MENTS IN THE DISTRICT OF OAKHAM. 

Whereas tlie General Court in their present Session resolved Legislative 
upon the Petition of the Inhabitants of Oakham that the prayer councirxxv'r 
of the said Petition should be so far granted that the present 448. 
assessors of the District of Oakham should be impowered to com- iiouseJour- 
pleat the Collection of Taxes in said Petition mentioned, as may •2ai,'26o,' 2fii,' 352! 
at large appear by the said Resolve: But as some doubt arises re- ^^^l^'\^^"' 
specting the notification of such intended Sales as are therein men- 
tioned : It is further 

Resolved That the Assessments and intended Sales therein men- 
tioned shall beside their being posted as is therein expressed, be 
advertised in one or more of the Boston News papers for three 
weeks Successively three months before the time of Sale. \^Passed 
March 4. 



CHAPTER 190. 

ORDER ALLOWING £2, 14 TO THE COMMITTEE ON MUSTER ROLLS. 

An Account of a Committee of the House of Representatives Legislative 
appointed the 4"' of June last to examine the Muster Rolls in the counctf xxvi^ 
Treasurers Office was presented for allowance Signed Stephen Hall 449. 
^ Order: Whereupon the following Order passed. House Jour- 

Ordered that the within Account be accepted, and that there be 353.'^^" ^' ^^ * 
allowed and paid out of the public Treasury the sum of Two pounds, 
fourteen shillings to said Committee within mentioned in full dis- 
charge of said Account. \^Passed March 4. 



CHAPTER 191. 

RESOLVE DIRECTING THE TREASURER TO PAY SOLDIERS, THEIR AD- 
MINISTRATORS, EXECUTORS, OR WIDOWS SUMS APPEARING UNPAID 
ON THE MUSTER ROLLS. 

The Committee appointed to sit in the Recess of the Court to Legislative 
examine the Muster Rolls at the Treasury, report as follows viz' Records of the 

mi i J 1 1 n 1 ;l n • -i n i ^ CoUDCll, XXVl., 

iliat they have attended that Service, and nnd that there now 449- 
remains on said Rolls a number of Sums amounting in the whole House Jour- 
to Two hundred & seventy seven pounds twelve shillings and one ^^9.' ^^supl'aj^' 
penny which have no X made against them, nor any Receipts given ^^^^- ^'^• 
for the payment of them. They further Report that there are sev- 
eral other Sums which tho' crossed have no names signed against 
them, of which the Committee took no Account, by reason that the 
Treasurer says he is fully persuaded he has discharged the same. 

Signed Stephen Hall ^ Order 

[Read and] 

Resolved that the Province Treasurer be, and hereby is directed 
to pay unto the several Soldiers their Executors, Admin" or respec- 



202 Province Laws {Resolves, etc.). — 176G-67. [Chaps. 192, lii;^>.] 

tive Widows tlie Sums appearing upon the several Muster Rolls set 
against their names which remain unpaid, provided they apply for 
the same within two years next ensuing. \^Fassed March 4. 



p. 140, chap. 54. 



CHAPTEE 192. 

ORDER CONFIRMING A PLAN OF 8,544 ACRES OF EQUIVALENT LAND TO 
CAPT. HENRY YOUNG BROWN. 

Records of the "^^^ WITHIN Plan of a Tract of Land containing eight thousand 
Council, xxvi., five hundred and forty four Acres granted by this Court in June 

^— ■ last to Henry Young Brown, and by him laid out agreable to said 

mii"pp!n5!^346, Grant, bounded as follows viz' begining at tlie Eastwardly corner 
350,' 351. Ante,' of said Browu's Township near Pigwacket, thence South seventy 
eight degrees West four hundred Rods by said Town Line to a Pitch 
pine Tree marked IB 1760; thence South twenty seven degrees East 
sixteen hundred & thirty Rods to a Pitch pine Tree marked Hi 17G6; 
thence North Sixty degrees East nine hundred & sixty Rods to a Maple 
Tree marked IB 17GG; thence Xorth, twenty seven degrees West 
sixteen hundred & seventy two Rods to the Southeast side Line of 
Col° Joseph Frye's Township in Pleasant pond; thence South forty 
five degrees West by said Frye's Township to the first mentioned 
Bounds, was presented for acceptance and accordingly 

Ordered, That it be and hereby is accepted, and the Lands therein 
contained is Confirmed unto him the said Henry Young Brown, his 
Heirs & Assigns forever, he complying with the conditions of the 
Grant; saving that tlie Families settled on this Grant shall be under- 
stood as part of the fifty nine Families he was obliged to settle by 
the Grant of his said Township. Provided the said Plan doth not 
exceed the quantity of Eight thousand five hundred & forty four 
Acres exclusive of allowance for Water & sag of Chain, & doth not 
interfere with any former Grant. \^Passed March 4. 



CHAPTER 193. 

RESOLVE IMPOWERING THO^ CUSHING, ESQ», GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISIONS IN REGARD TO THE PROCEEDS. 

Lesrisiative A PETITION of Thomas Cushing of Bostoii Esq' Guardian to his 

Council, xxvi., two daughters Mary Cushing and Margaret Cushing Setting forth, 

1??: That his late Brother Edward Cushing dec*^ devised by his last Will 

Mi^pp'336'^355 ^^^ Testament to his said two daughters one eighth part of a Ware- 
356.' ' ' house in Boston, the remaining seven eightlis of which is the prop- 

erty of the Petitioner. And as the said Warehouse is much out of 
repair. Praying that he may be impowered to make Sale of the said 
Children's share therein he to be accountable 
Read and the facts appearing to be true; 

Resolved that the prayer of the Petition be granted : and that the 
Petitioner be and he hereby is impowered to sell his Childrens Right 
in the premises mentioned in the Petition and to make and execute 
in due form of Law a deed or deeds of conveyance thereof to such 
person or persons as shall be willing to purchase the same, the pro- 



[3d Sess.] Province 'LwNi^ (Resolves, etc.). — 17()()-()7. 203 

ceeds of said Sale to be put out on interest for tlieir benefit, lie to 
account with the said Children as they severally arrive at lawful 
age for the same. \^Passed March 5. 



CHAPTER 194. 

ORDER GRANTING TO W^' GOODHUE LICENCE TO KEEP AN INN. 

A Petition of William Goodhue Setting forth That upon the Legislative 
encouragement of a number of Gentlemen in Salem, he hath hired coum^f xxvi^ 
a House in the s** Town well accomodated for a Tavern, and hath 453. Mass. 
obtained the approbation of the Selectmen for that purpose. And 5.56? '^'^^•^■'"•• 
praying that the Court of General Sessions of the peace for the House .lour- 
County of Essex may be impowered to grant him a License, the nai, pp. 332,3.51, 
time by Law for granting Licenses being elapsed notwithstanding. 

Read & 

Orderd that the Prayer of the Pet° be granted & that the Jus- 
tices of the Court of Gen' Sessions of the Peace for the County of 
Essex be & hereby are empowerd at their next Session if they see 
Cause to grant the Pef a Licence to keep a Tavern in Salem, as 
prayd for in the Pet" the time for granting Licences by Law ap- 
pointed being elapsd notwithstanding, he producing to said Court 
a Certificate of the Approbation of the Selectmen of the Town of 
Salem. [Passed March 5. 



CHAPTET? 19 /l Legislative 

^ -"- ^^ -"^ -•- -^ -^ ± J7 V • ' Records of the 

Council, xxvi., 
456. Mass. 
RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIAN OF THE PUN- Archives, 

CAP AUG INDIANS. xxxiii., 413. 

Mass. 

Joseph Billings Guardian to the Punkapog Indians presented xxxui^.Tis. 
his Account from March 1765 to January 1767 to the Court for ^^^^'^28'-°'^" 
allowance : Whereupon the following Order passed viz' Province'" 

Resolvd that the said Joseph Billings be further accountable for 36o)cliap!305. 
the Sum of Eighteen pounds 17/11^4 accordingly. [Passed March 6. 



CHAPTER 196. 

RESOLVE ALLOWING £3. 0. 3 TO JOS : HAWLEY, ESQ. 

A Petition of Joseph Hawley Esq'' Praying an allowance for his Legislative 
Service & Expence in attending a Town Meeting at Great Barring- Qo^e"if xxv^ 
ton by order of this Court in the last May Session. 456. 

[Read and] House Jour- 

Resolved that the Sum of Three pounds & three pence be allowed ^nil^\i^mf^' 
& paid out of the Province Treasury to Joseph Hawley Esq"" for his ciiap.33. 
Service and expence in attending a Town Meeting at the Town of 
Great Barrington in the County of Berkshire and acting as Mod- 
erator of the same as set forth in his Petition. And that the said 



204 



Province Laws ( Resolves, etc.). — 1 7 6 (j-6 7 . [ Chaps . 197, 198.] 



Sum of Three pounds & three pence be added to the said Town of 
Barrington's proportion of the Province Tax the next year. \^Pas8ed 
March 6. 



Legislative 
Records of the 
Council, xxvi., 
457. 

House Jour- 
nal, p. 362. 
Province 
Laws, 11., 151, 
chap. 10. 



CHAPTEK 197. 

RESOLVE IMPOWERING JOHN READ, ESQ", ADM", TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Read of Fairfield in the Colony of Connect- 
icut Esq"" by his attorney William Read Esq"" as the said John is 
Admin' of the Estate of their dec"^ Sister Ruth Hunn late of Fair- 
field Widow deceased Setting forth, That the deceaseds debts sur- 
mount the personal Estates and Credits the Sum of Three hundred 
and fifty pounds 18/51/4 which cannot be paid without the Sale of 
Real Estate. That the said Ruth died seized in fee Simple of about 
nine hundred Acres of Land in the District of Ware, leaving no 
issue, or other Heirs except Brothers and Sisters, who they the said 
John & William verily believe are all content it should be sold, it 
being generally unimproved & yielding no profit. And praying that 
he the said Admin"" may be impowered to sell the said Lands in 
Ware, or so much of them as shall be sufficient to pay the debts 
afores'' 

Tlie facts set forth in said Petition appearing to be true. There- 
fore 

Resolved that the said John Read Admin' of the Estate of Ruth 
Hunn mentioned in this Petition be, and hereby is impowered to 
make Sale of so much of the Lands in said District of Ware which 
belonged to the said Ruth as will raise the Sum of Four hundred 
pounds lawful money to pay and discharge the just debts of the 
said deceased; as well the debts that are due in this Province, as 
those tliat are due in the Colony of Connecticut, and all necessary 
charges arising on said Sale. And he is hereby authorized in his own 
name to make, Seal, and execute good & sufficient deed or deeds in 
the Law to pass the Estate in s"* Lands to the purchaser or pur- 
chasers thereof; he observing the Rules and directions of the Laws 
of this Province for the Sale of Real Estates by Exec" & Admin" 
and giving proper caution to the Judge of Probate for the County 
of Hampshire that the monies arising by such Sale be applied to 
the purposes mentioned, and the remainder, if any be, to be duly 
distributed to & among the legal Representatives of the deceased 
according to the directions of the Laws of this Province. \^Passed 
March 6. 



CHAPTEK 198. 

RESOLVE IMPOWERING THO* CUMMINGS, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative A PETITION of Thomas Cummiugs Admin' of the Estate of Thomas 

Council^, xxvi., Cummiiigs late of Topsfield dec'* Intestate, and of Joseph Cummings 

^— & Ann Cummings Guardians to Rhoda, Abraham, Josiah, Stephen, 

naTm)'23o'^364 D^^iiel aiid Asa Cummings Minors, Children of the said deceased Set- 
3(56.' Province' ting fortli That the Said deceaseds debts surmoiuit liis pei'soiial Estate 
chap!'io.'' ^^* the Sum of £61.13. TMj ; that a considerable part of the deceaseds Real 



[3d Sess.] Province Laws {Resolves, etc.). — 17()(i-(;7. 205 

Estate is poor Liind, and will not admit of a Division among tlie Heirs 
who are eleven in number, and those of them who are of age are desir- 
ous of selling. And praying that the said Administrator singly or the 
Petitioners jointly may be impowered to make Sale of the said de- 
ceaseds whole Keal Estate in Topsfield aforesaid containing about 
fifty four Acres; the Minors shares after payment of the debts afores*^ 
to be improved at interest for their benefit. 

The facts set forth in this Petition appearing to be true; therefore 
Rexolved that the prayer of this Petition be granted, and the Peti- 
tioner is hereby impowered in his said capacity to make Sale of the 
whole of the Keal Estate of the said deceased as mentioned in this 
Petition for the most the same will fetcli, provided the legal Heirs 
to said Estate that are of lawful age join with the said Petitioner 
in the said Sale, and to make and execute a good deed or deeds in 
the Law to the purchaser or purchasers ; he observing the Eules and 
directions in the Law relating to the Sale of Real Estates by Exec- 
utors t& admin", and the monies arising by said Sale to be applied 
to the purposes mentioned in this Petition: and that the petitioner 
give sufficient caution to the Judge of Probate for the County of 
Essex for the application thereof accordingly. [Passed March 7. 



CHAPTEK 199. 

RESOLVE IMPOWERING THE pf PARISH IN THE TOWN OF HAVERHILL 
TO CHOOSE A COLLECTOR OF TAXES. 

A Petition of the first Parish in Haverhill, praying that they Legislative 
maybe impowered to appoint a suitable Person to collect the Taxes councff xxvi^ 
for the Year 1765, the Collector chosen for that purpose being infirm 459. House '' 
and unable to perform his Duty. ourna . p. 346. 

[Read and] K'^r' 

Resolved that the prayer of the Petition be granted, and that 
the Inhabitants of the first parish of Haverhill be, & hereby are 
fully autliorized at a Parish Meeting called for that purpose to choose 
a suitable person to collect the outstanding Taxes that are borne on 
the Tax Bills committed to Joshua Sawyer to collect A.D. 1765 who 
is represented infirm and unable to compleat said Collection. And 
the person so chosen shall be vested with all the powers and Authority 
to collect the same that the Collectors of Taxes by Law are vested 
withal: and is hereby directed and required to pay in his Collections 
to the Treasurer to whom the same are payable, and finish his Col- 
lections and settle his accounts with said Treasurer by the last day 
of August next : And the said Treasurer is hereby directed not to 
issue his Execution in the meantime. [Passed March 7. 



CHAPTER 200. 

RESOLVE SETTING OFF CERTAIN PERSONS WITH THEIR ESTATES FROM 
THE EASTERLY TO THE FIRST PRECINCT IN MENDON. 

A Petition of Nathan Tyler and John Tyler both of Mendon Legislative 
and of Nathan Tyler of Upton setting forth That they are pos- couS xxv^^, 
sessed of a Tract of Land with Buildings & improvements thereon 463. 



206 



Province Laws (i?eso?ves,e/c.). — 1766-G7. [Chaps. 201, 202.] 



House Jour- 
nal, pp. 354, 367. 
Province 
Laws, xili.,68, 
chap. 127. 



lying in said Meudon, which when the Easterly Precinct was set off, 
were annexed thereto, and there did duty 'till the year 1758, at which 
time upon application to said precinct, they discharged them from 
said duties and they have ever since been assessed towards all pre- 
cinct Charges in the first precinct in said Town. And praying that 
they may be set off to the said first Precinct. 

Read and 

Resolved that Nathan Tyler & John Tyler both of Mendon with 
their Lands and Estates lying within the Easterly precinct of said 
Mendon, together with the Estate of Nathan Tyler of Upton lying 
in the said Precinct be, and hereby are set off from the said East- 
erly precinct in Mendon to the first precinct in said Mendon, there 
to do duty and receive privileges in the same manner they would 
have done had they not been included or set off to said Easterly 
Precinct. [Passed March 7. 



CHAPTER 201. 



-RESOLVE IMPOWERING ABRAHAM SAWYER, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 

465. 

House 3o\vc- 
nal, pi).,3(i(;,.320, 
366. Province 
Laws, ii., 151, 
chap. lu. 



A Petition of Abraham Sawyer Guardian to Anna Sarah and 
Abigail SaAvyer Minors Children of his Brother John Sawyer late 
of Newbury deceased setting forth That the said deceased left 
no other Estate to his said Children but about two Acres of Land 
with one half of a very old House, and a very small old Barn both 
in a ruinous condition, and lying in a remote part of the Town of 
Newbury, which can be of little advantage to the said Minors. And 
praying that he may be impowered to sell the same, and improve 
the money it shall produce at interest for their use and benefit. 
The facts set fortli in this Petition appearing to be true; therefore 
Resolved That the prayer of this Petition be granted and that the 
Petitioner in his said capacity be, & he hereby is impowered to make 
Sale of the premises mentioned in this Petition for tlie most the 
same will fetch, and to make and execute a good deed in Law to 
the purchaser, he observing the Rules and directions in the Law for 
the Sale of Real Estates by Exec" and Admin", and the monies 
arising by such Sale to be put to interest for the benefit of the law- 
ful Heirs. And that the Petitioner give sufficient caution to the 
Judge of Probate for the County of Essex for the application thereof 
accordingly. '[Passed March 9. 



CHAPTER 202. 

RESOLVE IMPOWERING DAV" STOCKBRIDGE, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxvi., 
465. 

House Jour- 
nal, pp. 245, 319, 
329,346,366. 



A Petition of David Stockbridge of Hanover Guardian to Luther 
Stetson a Minor Son of Job Stetson late of Scituate deceased Set- 
ting forth That the said Luther owns one quarter part of about 
forty Acres of Laud lying in Scituate, with one quarter part of a 
dwelling House standing on the same ; that it cannot well be divided; 



[3d Sess.] Province Laws (Resolves, etc.). — 1760-67. 207 

that tlio Fences are in a ruinous condition, and tlie Jfouse will soon Province 
want Repairs. Therefore i)raying that he may be impowered to sell ciiap!'io.'' ° ' 
the said Minors share in tlie said Estate, and improve the money it 
shall fetch at interest for his benefit. 

The facts set forth in said Petition appearing to be true: Therefore 
Resolved that David Stockbridge Guardian to Luther Stetson a 
Minor, be, and hereby is impowered to make Sale of the said prem- 
ises mentioned in this petition for the most the same will fetch ; and 
to make and execute a good deed or deeds of the same to the pur- 
chaser, he observing the rules and directions in the Law for the 
Sale of Real Estates by Executors and Admin'^ and the monies 
arising by said Sale to be put on interest for the benefit of the said 
Luther: And that he give sufficient caution to the Judge of Probate 
for the County of Plimouth for the application thereof accordingly. 
\^Passed March 9. 



CHAPTER 203. 

RESOLVE IMPOWERING THE SUPERIOR COURT OF JUDICATURE, ETC., 
TO RECOMMIT THE REPORT OF THE REFEREES IN REGARD TO A 
CERTAIN ACTION. 

A Petition of Sylvester Gardiner Esq'' Setting forth That he Legislative 
had a dispute with Humphrey Purrington & Others about the Title counc*if, xlv^^, 
of a Tract of Land in George Town in the County of Lincoln for- 3-3. 466.' 
merly the Estate of Job Lewis Esq'' which was submitted tO a Rule Legislative 
of Court in June Term 1765 to the final determination of certain councif, xxvk, 
Referrees who gave in their award & the same was received by the j^^^j^l'i ^°"^® 
Court; but that it appears by the Plan taken by order of Court, and pp. i88,i9o,i9i. 
Letters of the several referrees since, that there was a mistake made ^''' ' ' ' ' 
in bounding the said Tract of Land: And praying that the said 
Referrees may be impowered to sit again ; and make such alteration 
in their award as shall conform to their own determination, and put 
a final end to the Controversy. 

Read and 

Resolved that the Superior Court of Judicature, Court of Assize 
and General Goal delivery be, and hereby are authorized and impow- 
ered at their next sitting at Falmouth within and for the Counties 
of Cumberland and Lincoln on the fourth Tuesday of June next 
to recommit the Report made by the Hon'''® Benjamin Lincoln, 
Jeremiah Powell and Francis Waldo Esq" Referrees appointed in 
an Action of Trover between the said Gardner & Hinkley & others, 
as also for settling the Bounds of a Farm formerly Job Lewis's at 
the last Superior Court &c held at said Falmouth in June last, which 
Report was then and there accepted by said Court, so tliat the said 
Referrees may correct a mistake made by them in describing the 
Easterly bounds of the said Farm by which a Tract of Meadow or 
Swamp Land was intended by said Referrees to have been included; 
but as described in said Report may admit of a doubt: And the said 
Court are hereby authorized and impowered to accept said Report 
after its being amended as aforesaid in the same manner they would 
have done had the former Report never been accepted by said Court, 
and to enter up Judgment thereupon accordingly. \^Passed March 0. 



208 



Province Laws {Resolves, etc.). — 1766-67. [Chaps. 204, 205.] 



CHAPTER 204. 



ORDER APPOINTING A COMMITTEE IN REGARD TO BOUNDARY LINE 
BETWEEN THIS PROVINCE AND NEW HAMPSHIRE. 



Legislative 
Records of the 
Council, xxvi., 
454. Mass. 
Archives, vi., 
352. 

Legislative 
Hecords of the 
Council, xxvi., 
276,341. House 
Journal, pp.82, 
83, 347, 358, 361, 
362. Province 
Laws, xli., 706, 
chap. 92; xiil., 
272, chap. 82; 
2><'J, chap. 125; 
.548, chap. 224; 
ft50, chap. 169. 
Ante, p. 43, 
chap. 82; 
p. 106, chap. 
222; p. 140, 
chap. 55. 



The Committee to whom was referred the Eeport of Col" Bagley 
and Others relative to the Boundary Line between this Province 
and that of New Hamj^shire together with the evidences accompany- 
ing the same; are humbly of opinion that the evidences aforesaid 
relative to the said Line be forthwith Recorded in the Province 
Records, as well as properly filed in the Secretary's Office, together 
with the plan and that Copies of the whole proceeding with the 
evidences aforesaid be by the Secretary transmitted to some suitable 
person appointed by this Court, by him to be laid before the proper 
Boards in Great Britain, and tiiere to prosecute the affair till a final 
determination be obtained. In the mean time that a Committee be 
appointed by this Court to treat with the proprietors of Masons 
Grant so called, as their Claim extends upwards of twenty Miles 
upon the said Line, and make Report to the General Court at their 
Session in May next. All Avliich is humbly submitted. 

Signed Ben-j"^ Lixcolx ,p Order 

In the House of Representatives Read & accepted and 

Ordered that the papers mentioned in the Report be transmitted 
by the Secretary to some person in Loudon to be cliosen by joint 
Ballot of the two Houses for the purposes mentioned. And that 
Cap' Gowen, and Cap' Henry Young Brown with such as the Hon^'* 
Board shall join be a Committee to treat with the proprietors of 
Mason's Grant so called accordingly. Said Committee to report to 
the General Court at their Session in May next. 

In Council. Read and Concurred and John Bradbury Esq' is joined 
in y*^ affair. 

In the House of Representatives Read and 

Ordered that Col" Bagley be of the Committee in room of Cap' 
Henry Young Brown, and that the Committee be instructed to col- 
lect all the proceedings relative to the settling and running the said 
Line in 1741 & other necessary Evidence to be transmitted to the 
person to be chosen. 

In Council Read and Concurred. {Passed March 10.^ 



CHAPTER 205. 

RESOLVE DEDUCTING £3. 14. 6 FROM PROVINCE TAX OF GREAT BAR- 
RINGTON AND ADDING IT TO TOWN OF SHEFFIELD. 



Legislative 
Records of the 
Council, xxvi., 

469. 

Legislative 
Records of the 
Council, xxvi., 
198. House 
Journal, 
pp. 325, 326, 357. 



A Petition of Israel Dewey & others Selectmen of Great Barring- 
ton Setting forth That the Towns of Sheffield, Great Barrington 
and Egremont are joined by Law in the choice of Representatives 
& were to be assessed in proportion towards their pay ; but that they 
apprehend there has been some mistake in proportioning the same 
this year, and that Great Barrington has been over rated. And pray- 
ing relief. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is March 6. 



[3d Sess.] Province Laws {Resolves, etc.). — 176(5-67. 209 



Read tuul it uppeai-ing that tlie facts set forth in this Petition Province 
are true, and that there was a mistake in apj)ortioning the Repre- chap^eri- 
sentatives i)ay in the Towns of 81ieflield and Great Barrington, the "^'*- 
Town of Sliettield's Just proportion heing £17.0.0 and the Town of 
Great Barringtons but £!>.15.G so that it appears that Great Barring- 
ton paid £3.11.6 more than its just proportion. Therefore 

Resolved that said Sum of Tiiree pouiuls, fourteen shillings and 
six pence be deducted out of the Town of Great Barrington's Prov- 
ince Tax in the next Tax Bill, and added to tlie Town of Sheffield. 
{Passed March 10. 



CHAPTEK 206. 

ORDER ALLOWING £11. 10 TO THE COMMITTEE IN REGARD TO A BRIDGE 

AT WESTFIELD. 

The Committee [appointed on the petition of the town of West- ^?'^'^"^f .u 
field in regard to a bridge] presented an Account of their time and council, xxvi., 

expence in going to Westfield to view: Upon which the following ^J^ 

Order passed viz' _ K^rd"o? the 

Ordered that there be allowed and paid out of the public Treas- council, xxvi., 
ury to the several persons named in the within Account the several House Jour' 
Sums set against their respective names amounting in the whole to 3i^|'327'33o**343 
the Sum of Eleven pounds ten shillings; and that the same be ap- 873! Province' 
portioned on the several ToAvns and Districts in the County of Hamp- ^'notesy' ^*"'~ 
shire in the next Province Tax. [^Passed March 10. 



CHAPTER 207. 

ORDER DIRECTING THE PROVINCE TREASURER TO PREPARE A LIST 
OF DEBTS DUE THE PROVINCE AND PUBLISH THE SAME. 

Ordered that the Province Treasurer be, and hereby is directed R®^'^|f*^'^f .u 
to prepare a List of debts due from the several Towns and Districts Council, xxvi., 

within this Province in the late Treasurer Foye's day, and publish til^ 

the same in all the Boston News papers that so the several Towns ^aTrf stT^' 
and Districts and the Sheriffs to whom Executions have been com- Province 
mitted may be notified that they may shew cause on the second chap^m'' ' 
Wednesday of the next May Session of the General Court why the 
same has not been paid into the Treasury. \^Passed March 11. 



CHAPTER 208. 

ORDER DIRECTING THE PROVINCE TREASURER TO NOTIFY PERSONS 
INDEBTED TO THE PROVINCE TO SETTLE ON OR BEFORE JUNE 10, 
1867. 

Ordered that the Province Treasurer be, and hereby is directed Legislative 
publickly to notify all such persons as are indebted to this Prov- councif, xxvif, 

ince upon Bond payable in or before the year 1764 that unless they ^I^ 

discharge the same on or before the lO*'' of June next, their Bonds House Jour- 

' nal, p. a(4. 



210 



Province Laws (i?eso??;es, e^c). — 176(5-67. [Chaps. 20H, 210.] 



Ante,v.9i 
ctiap. 204. 



will be put in Suit. And that the said Treasurer also notify Timothy 
Euggles, and Oliver Partridge Esq" to pay the several balances 
which appeared to be due from them on their return from the late 
Congress at New York, on or before the said 10"' of June next. 
[Passed March 11. 



CHAPTER 209. 



RESOLVE CONFIRMING 1,501 ACRES, 70 PERCH OF LAND TO THE HEIRS 
OF REV THOMAS COBBET. 



Legislative 
Records of the 
Council, xxvi., 
473. Maes. 
Archives, xiv., 
478. 

Legislative 
Records of the 
Council, xxvi., 
248,249. House 
Journal, pp. 65, 
71,72,346,347, 
368, 376, 377. 
Ante, p. 45, 
chap. 87. 



Whereas on the 24'" of June 1765 the General Court made a 
Grant to the Heirs and Assigns of the Rev*^ M' Thomas Cobbet 
(called by mistake in said Grant Corbet) of fifteen hundred acres 
of Land to be laid out and a plan thereof returned, as in said Grant 
mentioned. And Whereas in the Month of June last two Plans were 
returned, and the Land described therein confirmed to the said Heirs 
and their assigns excepting that his Excellency by reason of some 
informality did not Sign the Resolve of Confirmation. 

Resolved That the two Plans aforesaid hereto annexed viz' One 
of them taken by Samuel Taylor Surveyor & Jonathan White and 
Josiah Ballard Chainmen and dated Charlemont August 15^'' 1705 
and describing a Tract of Land containing One thousand and one 
acres and seventy perches; the other taken by Moses Hawks Sur- 
veyor & Jonathan White & Asaph White Chainmen & dated Charle- 
mont March 2"^ 1766 and describing a Tract of five hundred acres: 
both which Tracts adjoin to each other and contain together fifteen 
hundred & one Acres & seventy perches and bounded as follows Viz' 
Begining at an angle in Othniel Taylor's Country Grant, and thence 
runing on said Grant South forty five degrees West two hundred 
and eighty four perch to a Maple Tree ; tlience West nineteen degrees 
North two hundred and twelve perch thence South thirty three & 
an half degrees West two hundred and seventy three perch; thence 
East on Ashfield former Line four hundred perch and on the same 
Line Six hundred and twenty five perch ; thence Xorth fourteen 
degrees East One hundred & eighty four perch on Deerfield Line; 
thence West nineteen degrees North five hundred and forty five 
perch on Jesse Wyman's Land to the first mentioned Line contain- 
ing the Fifteen hundred and one Acres & seventy perch aforesaid ; 
be and hereby are accepted, and the said described Land is hereby 
confirmed unto the Heirs and assigns of the Rev*^ M"" Thomas Cobbet 
and to their Heirs and assigns forever; provided the quantity does 
not exceed fifteen hundred and one Acres & seventy perch, and does 
not interfere with any former Grant. [Passed March 12. 



CHAPTER 210. 



ORDER ALLOWING ABIG'- SKINNER THE WAGES DUE HER HUSBAND. 



Legislative 
Records of the 
Council, xxvi., 
475. Mass. 
Archives, 
Ixxx., 626. 



A Petition of Abigail Skinner of Lynn Widow setting forth That 
her late husband Joseph Skinner of Lynn inlisted in his Majesty's 
Service and the pay of this Province in 1758 under Cap' Jeremiah 
Richards, and died soon after his Return home before the pay Roll 



[3d Sess.] Province Laws (/?e'.s-o?ye.s', e^c). — 176(J-(!7. 211 

was made up, nor did he ever, or any person for him receive any House Jour- 
pay for his said Service. And praying an allowance. nai, p. 308. 

Read & 

Orderd that tiie Prayer be granted & that the Wages due to Joseph 
Skinner of Lyn dec*^ on the Roll referrd to in the Petition be allowd 
& paid out of the publick Treasury into the Hands of M' Ebeneser 
Burrill of Lyn for the use of the Petitioner. [Passed March 12. 



CHAPTER 211. 

VOTE APPOINTING DENNYS DE BERDT TO RECEIVE THE PAPERS IN Legislative 
REGARD TO THE LINE BETWEEN THIS PROVINCE AND NEW HAMP- Hwords of the 
ctjTOT? Council, XXVI., 

Archives, v., 

The two Houses according to Agreement proceeded to the choice "-^-^^ — -_ 

of a person to lay before the proper Boards in Great Britain the Evi- Recordsof^he 
dence concerning the running the New Hampshire Line in 17-41 and 34°"35^5^'' ^l^^s' 
to prosecute the affair till a final determination be obtained. And the Joui-nai, p.ss;^. 
votes being collected and sorted, it appeared that Dennys De Berdt Ea\v8°xu.,559, 
Esq"" was chosen by a great Majority. [Passed Mai'cli 12. ^'^,f/''fi'os 

chap', -m. ' 



CHAPTER 212. 

RESOLVE GRANTING 500 ACRES OF EQUIVALENT LAND TO S. WATTS, 
ESQK AND OTHERS. 

The FOLLOWING Order passed in consequence of a Petition of Legislative 
Samuel Watts Esq'' and others who in June 1752 purchased a Tract councif.xxvi.^, 

of Land of the Government, since known by the name of Royalshire HZ: 

[praying an Equivalent to make good their purchase] viz' R^^*^d*^^f ti 

Resolved that there be granted to Samuel Watts Esq'' & others, Council, xxv., 
the Original Proprietors of Royalston, five hundred acres of the HouseVouV""' 
unappropriated Lands of this Province in lieu of four hundred nai. p-378. 

-I X 1 ^ , , Province 

Acres claimed by Samuel Hunt and others, as in their Petition Laws, xiv., 644, 
mentioned. Provided they return a plan taken by a Surveyor & ^^^^p-*"- 
Chainman under Oath within twelve Months into the Secretary's 
Office for Confirmation, [Passed March 12. 



CHAPTER 213. ^^s^«'f^^, 

Kecords or the 
Council, xxvi., 

VOTE CHOOSING COMISSARIES TO SETTLE THE LINE BETWEEN THIS Archives iv 
PROVINCE AND NEW YORK. 211. 

Legislative 

The TWO Houses according to agreement proceeded to the choice counctf xxv'r 
of three Persons by joint ballot to act in conjunction with Such 468 Ms, Its. 
Persons as may be appointed by the Government of New York in nai^p! 's^^ 
settling the Boundary Line between the two Provinces. And the £aw8Tv. 993 
Votes being collected and sorted it appeared that the hoii''^ Tho^ chap. 23; xv.,' 
Hutchinson and William Brattle Esq''" and Cap'^ Edward Sheaffe ^'^^ '^P"" 
were chosen by a majority of Votes. [Passed March 13. 



212 



Province Laws (i?esoZyes, eic). — 17G<)-G7. [Chaps. 214-21(5.] 



CHAPTEE 214. 

ORDER ALLOWING £7.6 TO SETH WILLIAMS. 

Erds^of the ^ Petition of Seth Williams of Taunton setting forth That 
Council, xxvi., he was employed as under Sheriff for the County of Bristol in the 

^— year 1757 to summon Witnesses living in divers ToAvns, some of 

nai!^pp!^2(^y8P)9, them in the remotest part of the County to attend the General 
.383. Province Court Oil a hearing before them relative to Col° Thomas Gilbert 
chap. 302. ' ' for which Service he hath received no recompence And praying an 
allowance agreable to his account exhibited. 

It appearing that the facts set forth in this Petition are true. 
Ordered that the prayer of the Petition be so far granted as that 
the Sum of Seven pounds and six pence be paid out of the public 
Treasury to Seth Williams the petitioner in full for his Account 
herewith exhibited, and as set forth in this Petition. [Passed 
March 13. 



Legislative 
Records of the 
Council, xxvi., 
480. Mass. 
Archives, 
xxxiii., 405. 

House Jour- 
nal, pp. 348, 384. 
Province 
Laws, xvii., 
360, chap. 305. 



CHAPTER 215. 

RESOLVE ALLOWING TO NATH'- HOUGHTON EXPENSES FOR SUPPORT 

OF INDIANS. 

The FOLLOWING Order passed on the Petition of Nathaniel 
Houghton of Milton [praying that he may be allowed for his Ex- 
pences in supporting one Betty Pumpum^ an Indian, and her Child,] 
viz' 

Resolved That M"' Joseph Billings Guardian to the Punkpaug 
Indians pay unto Nathaniel Houghton the Sum of Six Pounds Four 
Shillings, in full Discharge of his Account for keeping And nursing 
Betty Pumphum in her last Sickness and Funeral and also for keep- 
ing her Child Thomas to the first Day of March Instant, and also 
a further Sum of Four Pounds Sixteen Shillings and Nine Pence 
to Discharge Docf Holdens Bill against Said Houghton respecting 
the Said Betty. Out of the Monies belonging to the Punkapaug 
Indians. And that the Said Joseph Billings make further Provision 
for the Support of the Said Child in the cheapest manner he can. 
[Passed March 13. 



CHAPTER 216. 



ORDER DISCHARGING THE COMMITTEE IMPOWERED TO SELL LANDS IN 
PLYMOUTH COUNTY. 



Legislative 
Records of the 
Council, xxvi., 
481. Mass. 
Archives, 
xlvl., 530. 

Mass. 
Archives, 
xlvl., 529. 
House Jour- 
nal, pp. 271,272, 
273,384. Ante, 
p. 95, chap. 
198. 



The Committee impowered to make Sale of the Province Lands 
lying in the County of Plymouth, and also to sue for the possession 
of such as are in the hands of persons that shall refuse to deliver 
the same to the Province, have attended that service and beg leave 
to report as follows viz' That they repaired to the Town of Roches- 
ter and Sold the following Lands belonging to the Province to the 
highest bidder at public Vendue and gave deeds accordingly : One 
hundred and twelve Acres of Land formerly William Griffin's to 
John Purges for the Sum of £32 of which Sum he paid the Com- 



[3d Skss.] Province Laws {Jiesolves, etc.). — 17()G-67. 213 

mittee £3.8 and gave his Bond with Sureties for the Sum of £29.12/ 
payable to the Province Treasurer the S*" day of April next witli 
lawful Interest for the same. One hundred and ten Acres formerly 
part of Samuel Sprague's deceased homestead to Nath' Sprague for 
the Sum of £07 of which he paid £8 and gave Bond with Sureties 
for the Sum of £59 payable to the Province Treasurer the 3'' of April 
next with lawful Interest for the same. One hundred and fifty Acres 
formerly Lemuel Little's deceased to Joseph Haskell for £45 for 
which he gave his Bond with Sureties payable to the Province Treas- 
urer the S*^ day of April next. One hundred & one Acres formerly 
John Blackmore's deceased to Edward Morse for £15 of which he 
paid 15 shillings and gave his Bond with sureties for £14.5 payable 
to the Province Treasurer the 3^ day of April next with lawful Inter- 
est for the same. Ten Acres of Land part of John White's deceased 
homestead to David Nye for £16.10/ of which he paid 18 shillings 
and gave his Bond with Sureties for £15.12/ payable to the Prov- 
ince Treasurer the 3'' day of April next with interest for the same. 
Forty eight Acres to Ebenezer Briggs for £8.8/ of which he paid 
8 shillings and gave his Bond with sureties for £8 payable to the 
Province Treasurer the 3*^ day of April next with lawful interest, for 
the same. Nineteen Acres of Land in Middleboro' to John Paris for 
£22 of which he paid 24 shillings and gave his Bond for £20.16/ 
payable to the Province Treasurer the 3*^ day of April next with 
interest for the same: Which several Bonds & Money, the Committee 
have delivered to the Province Treasurer. And the Committee beg 
leave further to Report that the sixty Acre Lots in the Majors pur- 
chase so called in Pembroke Mortgaged to the Province by Isaac 
Barker deceased, of which possession has been taken for the Prov- 
ince and great part of the money paid, and there remains due £25.6.9 
with the interest thereof from the year 1739 which his Heirs neglect 
to pay tho' often demanded: the Committee apprehend there is a 
necessity for suing for the same. That there is 20 Acres of very good 
Wood & Timber Land in Rochester, which Joseph Prince Mortgaged 
to the Province in the year 1718 for £25 no part paid: One Joseph 
Pitcher & Samuel Hoskins got into possession of it, refuse to deliver 
it up, the Records of the Bounds being defaced on their proprietors 
Book yet the Committee apprehend they ought to bring an Eject- 
ment against them for it, and not give up the Province Right to it 
without any Consideration. That there is 45 Acres of Land lying in 
Pembroke mortgaged to the Province by Nath^ Nichols for £85 and 
possession thereof given up to the Province in the year 1729 since 
which great part of the money has been paid, and the Committee 
have encouragement of receiving the whole. That Timothy Stetson 
of Pembroke in the year 1719 for £35 mortgaged two Lots in the 
16 shilling purchase in Middleborough being the 9"' Lot containing 
28 Acres & the 23*^ Lot containing 30 Acres, and also the 56^'' lot 
in the South purchase containing 45 Acres which your Committee 
have not had time to settle. 

Thus far your Committee have proceeded touching the Province 
Lands in the County of Plimouth whereby your Excellency & Honors 
will see what Articles they have finished, which they pray for your 
acceptance of: and as to what is unfinished your Committee propose 
to proceed on and compleat with submission as soon as may be. All 
which is humbly submitted by order of the Committee 

Gam'- Bradford. 



214 



Province JjAws (Besolves, etc.) . — 176(3-67. [Chaps. 217, 218.] 



Read and Accepted. And 

Ordered That the Committee be discharged of the money and of 
those Bonds which they have delivered to the Province Treasurer, 
and that they be directed to sit again and pursue to effect the pur- 
poses of their Appointment And the Committee are instructed to 
agree with the said John Pitcher & Samuel Hoskins upon the most 
equitable terms. [Passed March 13. 



CHAPTER 217. 



RESOLVE IMPOWERING SARAH WALKER, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Couni'il, xxvl., 

4!S7. 

House .Jour- 
nal, pp. 3'2.i, :i24, 
345, 388, 38'.». 
Province 
Laws, ii.,151, 
chap. 10; xiii., 
57, chap. 106. 



A Petition of Sarah Walker Admin^ of the Estate of Isaac 
Walker late of Boston Merchant deceased Setting forth, That the 
said Isaac being at the time of his death in partnership with Joseph 
Green Esq' since deceased, together owed a large Sum in England 
which has been since lessened ; but that by reason of many outstand- 
ing debts, the precarious situation of some of them, and the danger 
of a total loss of otliers if too suddenly pressed: the Heirs judge it 
most advisable to sell some outlands in order to discharge the debt 
aforesaid. 

And praying that she may be impowered to make Sale of 2,000 
Acres of Land lying in the Northwest corner of this Province, being 
part of a Tract of 8,000 Acres granted in the year 1T41 to the said 
Green & Walker, and thereby prevent the growing interest on the 
said debt. 

The facts set forth in this Petition appearing to be true: therefore 

Resolved That the prayer of this Petition be granted, and that 
the Petitioner be, and she hereby is impowered in her said capacity 
to make Sale of the two thousand Acres of Land mentioned in this 
Petition for the most it will sell for, and to make and execute a good 
deed or deeds in Law to the purchaser or purchasers; she observing 
the rules and directions of the Law respecting the Sale of Real 
Estates by Executors & Admin"; she first giving sufficient caution 
to the Judge of Probate for the County of Suffolk that the monies 
arising by such sale be applied to the discharging of the debt men- 
tioned in this Petition, and the overplus, if any there be, to be put 
to interest for the benefit of the lawful Heirs. [Passed March 16. 



CHAPTER 218 



RESOLVE IMPOWERING JAMES PRESCOT TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



liegislative 
Records of the 
Council, xxvi., 
488. 

House Jour- 
nal, pp. 280, 389. 
Province 
li.aws, ii., 151, 
chap. 10. 



A Petition of Sarah Shead of Groton Widow setting forth That 
the Estate of her late husband Jonathan Shead of Pepperrell was 
insufficient to pay his just debts; that there was set off to her as 
her dower a poor small dwelling House and three Acres of Land 
which is no ways sufficient for her support, she being TO years of 
age, and infirm. And praying leave to sell the said Estate for her 
better support. 

The facts set forth in the Petition being true. Therefore 



[3d Se88.] Province Laws {Besolves^ etc.). — 17f)6-()7. 215 

Resolved that the prayer thereof be so far granted as that James 
Prescot Esq"" be, and hereby is inipowered to make Sale of the prem- 
ises therein mentioned for the most they will fetch, and make a good 
deed or deeds thereof in the Law he observing the Rules and direc- 
tions of the Law for the Sale of Real Estates by Executors & Admin", 
and giving sutRcient caution to the Judge of Probate for the County 
of Middlesex that the proceeds arising by the Sale thereof shall be 
secured for the use and benefit of tlie legal Creditors of the deceased, 
and that only the interest of the money arising by the Sale be applied 
for the use and towards the support of the Petitioner. \^Passed 
March 16. 



CHAPTER 219. 



RESOLVE ALLOWING £12. 6. 6 TO Y" COM'^'='= THAT ENQUIRED INTO ^ Legislative 

RIOTS. Records ol the 

(Jouncil, xxvi., 

489. Mass. 

The Committee appointed to sit in the recess of the Court to ^x?xiIfL,'2i2V2. 

inquire into the disorders committed in the month of August 1765 '- 

presented their account of time and travel in attending on that Archives, 
business. Whereupon the following Order passed viz' Leg^siativl^^^^' 

Resolvd that there be allowd & paid out of the publick Treasury Records oi the 

. ., , .,, . /• 1 ,1 i-'n . "^ Council, XXVI., 

to the several persons withm mentiond the several Sums set against 253, '292. House 
their Names amounting in the whole to the Sum of twelve pounds pp^^is-t-'ise, .382, 
Six shillings & Six pence in full discharge of the within Account, f^- Province 
\^Passed March 17. note. ' '' ' 



CHAPTER 220. 

RESOLVE ALLOWING £15. 6. 5 TO THOMAS CRAFTS. 

The FOLLOWING Order passed on the Account of Thomas Crafts Legislative 
exhibited to the Court for the charge of opening a Gallery to the c^uncif xxvi^ 
House of Rejiresentatives viz' 491. 

Resolved that the Sum of Fifteen pounds, six shillings, and five House Jour- 
pence, be paid out of the Province Treasury to Thomas Craft's in >ia''PP-'*06,407. 
full of the within Account. \^Passed March 17. 



CHAPTER 221. 

RESOLVE CONFIRMING THE PROCEEDINGS AT PRECINCT MEETING IN 

STOUGHTON. 

A Petition of David Capen & others, a Committee of the second i^^^^lf^^f ^ 
Precinct in Stoughton Setting forth That on the 12"" of February Councif, xxvl, 

1766 they issued a Warrant for a Precinct meeting to be held on — 

the 10**" day of March then next following, and among other articles ?aTpp'«i4W 
in the Warrant, was one, " to see whether the Precinct will finish the 
meeting house, or any part of it, and act thereon." Upon which it 
was Voted to finish the whole of the inside of the Meeting house And 
then voted to raise by way of rate the Sum of forty pounds towards 
finishing said House. That it has been since doubted whether the 



216 



Province Laws {Resolves, etc.). — ITGG-BT. [Chap. 222.] 



article, as it was expressed was sufficient to found such a Grant 
upon, and sundry persons refuse to pay their proportions of the same. 
And praying that the said Grant may be confirmed by this Court. 

[Read and] 

Resolved that inasmuch as no opposition was made to the Grant 
of Forty pounds within mentioned at the time when it was voted, 
and the Assessment was made & committed to the Collector, the 
said Grant be deemed as good & valid to all intents and purposes, 
as if the article for raising money for the purpose within mentioned 
had been clearly expressed in said Warrant. \^Passed March 18. 



CHAPTER 222. 

ORDER IN REGARD TO INSTRUCTIONS TO Y^ COMISSARIES ON THE 
NEW YORK LINE. 



Legislative 
Records of the 
Council, xxvi., 

496. Mass. 
Archives, iv., 
204. 

Mass. 

Archives, iv., 
209-11. Legis- 
lative Records 
of the Council, 
xxvi., 490, 493. 
House Jour- 
nal, pp. 415, 416. 
Province 
Laws, XV., 146, 
chap. 343. 
^»fie, p.200, 
chap. 1S7; 211, 
chap. 213. 



Instructions to the Gentlemen appointed Commissaries on the 
part of this Government for the settlement of the line with New York 

The General Court, when Commissioners were appointed by this 
Government and New York in 175-4 for Setling the boundary line 
between the two Provinces, having impowered their Comissioners 
to agree to a line twelve miles to the Eastward of Hudson's River 
for Said Boundary Line, you are hereby instructed to use your 
endeavours that Said line be established as the boundary line 
between this Province and New Y'ork : the Same to begin on the 
Side next to Connecticut at twelve miles distance from said river, 
and to run on a strait course to a point twelve miles distant from 
Said river, on the side next to the Province of New Hampsliire. 

If you should not be able to effect this, the General Court being 
earnest for a settlement of the line, and [to] ' remove all occasions 
of further disturbance and Bloodshed among the Borderers, you 
are to endeavour that the line declared by the right honorable the 
Lords commissioners for Trade and Plantations to be a Just and 
equitable line of division between the Provinces of Massachusetts 
Bay and New Y^ork and reported by their Lordships to his late 
Majesty in Council, be established as the Boundary line between 
the two Provinces: said line being thus described in their Lordships 
report, viz : " a strait line to be drawn northerly from a point on the 
South boundary line of the Massachusetts Bay, twenty miles dis- 
tant due East from Hudson's river to another point twenty miles 
distant due East from the said river, on that line which divides the 
Provinces of New Hampshire and Massachusetts Bay," as will appear 
by extracts from the Journal of their Lordships proceedings on the 
29^*^ of March & 10"' of May 1757: copies of which, and of" the late 
Agent M'' Bollan's Letter relative thereto, dated in London July 
20. 1757, will be delivered to you by the Secretary. 

If you should agree with the Commissaries on the part of New 
York on a line of partition between the two Provinces, you are in 
conjunction with them to prepare a proper state thereof, to be laid 
before the respective Governments of said Provinces for their ac- 
ceptance, in order that, after such acceptance, the same may be 
humbly presented to his Majesty for Confirmation: or otherwise 
without Such previous acceptance the same to be immediately sub- 
Manuscript mutilated. 



[3d Skss.] PiioviNdK Laws {liesolve.s, etc.). — 17(;()-G7. 217 

mitted to his Majesty for his royal approbation and confirmation : 
according as you and the conimissarics from New York shall agree. 
Provided that tlie lino agreed on be not, and you are hereby in- 
structed not to agree to any line whatever, less favorable to this 
Province than the line reported by their Lordsliips as above- 
described. 

You are to endeavour to procure an authenticated copy of the 
truest plan that has been taken of Hudson's river : especially of that 
part of it which lies between the two places, from whence respec- 
tively tlie respective extremities of the aforesaid reported line are 
twenty miles distant. 

\''ou'll observe in the letter from the Right honorable the Earl 
of Shelburne to his Excellency Governor Bernard dated the ll*^'' of 
dec'' 17(36 (Copy of w'^'' will be deliverd to you) that his Lordship 
mentions the affair of Nobletown, & that " S'' Henry Moore (Gov"" 
of New York) is directed to take care, that none of the Inhabitants 
lying to tlie westward of the Line reported by the Lords of Trade 
as the Boundary between the two Provinces be molested, till this 
matter be finally determined. And whatever Province the Setlers 
may be found to belong to, it should make no difference in their 
property: ' provided their title to their lands should be found to be 
good in other respects ; or that they have been long in the regular 
possession of them." As the people of Nobletown were encour- 

aged to settle there by this Government, you are to endeavour, in \ 

case the settlement of the line should determine them to belong to 
New York, to procure for them all the favor you can from that 
Government; and that what his Lordship has mentioned as above 
be agreed to. And if the New York Commissaries should refuse 
complying with his Lordship's recommendation you are to report 
the reasons urged by you for their comjjliance; and the reasons on 
which they grounded their refusal. 

The foregoing Instructions prepared by a Com**^* appointed for 
that Purpose are Submitted to your Honors in the name of the 

Com*-*^ James Bowdoin 

Eead and Accepted. And 

Ordered that the foregoing Instructions be given to the Commis- 
saries chosen on the part of this Government for the settlement of 
the Line with New Y^ork; and that his Excellency the Governor be 
desired to commissionate the said Gentlemen for the purpose afore- 
said. \^Passed March 19. 



CHAPTER 223. 

ORDER IMPOWERING CERTAIN REFEREES TO SIT IN SUFFOLK COUNTY. 

A Petition of Sylvester Gardner Esq'' Praying that the Order Legislative 
of this Court upon his Petition presented in November last impow- Records of the 
ering the Justices of the Superior Court at their term in Falmouth 498. '' 
to be held in June next to, recommit a Report made by certain Ref- House Jour- 
errees in a Case between the Petitioner & Humphry Purrington may "n." ^'Ji'»f/e*' ^^*' 
be so far altered as that the said Justices may be impowered to act p- ^ot, chap, 
thereon in their present sitting in and for the County of Suffolk, 

' Manuscript mutilated. 



218 



Province ljA.\f& {Resolves, etc.). — 17G()-H7. [Chaps. 224, 225.] 



Legislative 
Records of the 
Council, xxvi., 
4D6, 499. 

Legislative 
Records of the 
Council, xxvi., 
383. Rouse 
.Tonrnal, 



as the Eeferrees live at a great distance from each other, and are 
all now present. 

Read and 

Ordered that tlie prayer of the Petition be granted, and that the 
Justices of the Superior Court of Judicature &c now sitting in Bos- 
ton in the County of Suffolk be, and hereby are authorized and im- 
powered to recommit the Report made by the hon^'''^ Benjamin Lincoln, 
Jeremiah Powell & Francis Waldo Esq" Referrees in an Action of 
Trover between the Petitioner and Humphrey Purrington and others; 
as also for settling the Bounds of a Farm formerly Job Lewis's at 
the Superior Court held at Falmoutli on tlie fourth Tuesday of June 
last for the Counties of Cumberland and Lincoln, whicli Report was 
then and tliere accepted by said Court so that the Referrees may 
correct a mistake made by them in describing the Easterly Bounds 
of the said Farm, by which a Tract of Meadow or Swamp Land was 
intended by said Referrees to have been included, but as described 
in said Report may admit of doubt: And the said Superior Court 
at their present Session in Boston are hereby authorized and im- 
powered to accept said Report after its being amended as aforesaid 
in the same manner as they would have done had the former Report 
never been accepted by said Court, and to enter up Judgment thereon 
accordingly. \^Passed March 20. 



CHAPTER 224. 

ORDER REFERRING WITH STAY OF PROCEEDINGS THE PETITION OF 
SAM'- WHITE IN REGARD TO A RE-HEARING OF AN ACTION. 

A Petition of Samuel White bf Dedham praying that his default 
in an Action brought against him by David Fislier might be taken 
off. 

[Read and] 

Ordered that the same be referred to the next May Session accord- 
ingly, and that all proceedings thereon be stayed in the mean time. 



pp.-.>6s.4i4,4i5, ^Passed March 20. 



CHAPTER 225. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO DRAW A BILL 
OF EXCHANGE ON JASPER MAUDUIT, ESQ*. 



Legislative 
Records of the 
Council, xxvi., 
.)(I0. Mass. 
Archives, civ., 
44-2. 

House Jour- 
nal, pp. 41-2, 413. 



Resolved that the Treasurer be & hereby is Directed to Draw a 
Bill of Exchange at parr, on Jasper Mauduit Esq"" in fav' [of] ' John 
Hancock Esq for the Ballance in his hands due to this Province 
being One Thousand four hundred & twelve pounds seventeen shil- 
lings & six pence Sterl^ said Hancock to Give his Obligation to 
Respond the Money as soon as Advice shall be Received of the pay- 
ment of the same The Province in Case of the Xonpayment of the 
Money not to be Subject to pay any Interest or Damages, or Charges 
of Protest & that the Secretary be directed to acquaint M' Mauduit 
of this resolution. \^Passed March 20. 

1 Inserted from Legislative Records of the Council, xxvi., 500. 



[3i) Sess.] Province Laws {Resolves, etc.). — 176H-67. 219 



CHAPTER 226. 

VOTE APPOINTING COMMISSIONERS ON THE LAND BANK AFFAIRS. Legislative 

llecorfis of the 
Council, xxvi., 

Pursuant to Agreement of the two Houses they proceeded to ^l\\.y^flll\^^ 
the choice of three persons as Commissioners for adjusting tiie affairs m. ' '' 
necessary for the equitable finishing the Land Bank or Manufactory Legislative 
Scheme in the room of the IIon"« Samuel Danforth Esq^ & Nath' c^unS xxvl^. 
Hatch Esq' two of the Commissioners who desire to be excused 45h 455, 4!*, 492', 
from that trust & Thomas Goldthwait Esq'' the other of said Com- liouscJour- 
missioners who is removed to such a distance as that he cannot con- "iV' lis' 'fiy"'^'^' 
veniently attend ; when Edward Sheaffo, Samuel Dexter, and James I'nWince 
Humphrey Esq" were chosen by a Major Vote of the Council & House chap^l'o-'M!),' 
of Representatives. [Passed March 20. 264!chap.'93!'"' 



CHAPTER 227. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO PUT IN SUIT Legislative 

MR JOHN COTTON'S EXCISE BOND. Records of tiie 

Council, XXVI., 
502. 

Resolved that the Province Treasurer be, and hereby is directed House .lour- 
to put in Suit at the next Inferior Court of Common pleas to be province^' 
holden within the County of Suffolk M'' John Cotton's Bonds for Laws, iv., 845, 
the Excise he farmed for the year 1765. [Passed March 20. sto^S.^I"' 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1767-68. 



[2211 



LEGISLATIVE LIST' 

FOR 
1767-68. 



His Excellency FRANCIS BERNARD, 

Captain-General and Governor-in-chief, etc. 
ANDREW OLIVER, Esq., 

SECRETARY OF THE PROVINCE. 

JOHN COTTON, Esq., 

DEPUTY SECRETARY. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 

called the Colony of the Massachusetts Bay ; 

Samuel Danforth 



Isaac Royall 
John Erving 
William Brattle 
James Bowdoin 
Thomas Hubbard 
Harrison Gray 
James Russell 
Thomas Flucker 



Nathaniel Ropes 
Timothy Paine 
Royall Tyler 
Andrew Belcher 
'EsQRS, John Chandler 

James Pitts 
Joseph Gerrish * 
Thomas Saunders* 
John Worthington 



'ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of Neio Plimonth; 

Gamaliel Bradford ) Samuel White \ 

James Otis' lsqrs. ^^t, kt^^^^^^t jxr^^r^^c-i ( Esqrs. 



j ■ Jerathmeel Bowers 

Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Province of Maine ; 

John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
betwee7i the River of Sagadehoc & Nova Scotia ; 

Jeremiah Powell, Esq. 

' See Legislative Records of the Council, xxvii.. 1-6. 

' Joseph Gerrish and Thomas Saunders of the Massachusetts Bay, James Otis and Jerathmeel Bowers 
of New Plimouth and Samuel Dexter of the Province at large, elected by the House of Representatives, 
were rejected by the Governor. 

[223] 



224 Province Laws (i?ew?^?e.s, eifc). — 17()7-()H. [Representatives.] 

For the Province, at large : — 
Benjamin Lincoln & Samuel Dexter,' Esqrs. 



REPEESENTATIVES OR DEPUTIES. 

May 27, 1767 to March 30, 1768. 
Mr. THOMAS CUSHIXG, Speaker. 



County of Suffolk. 
Boston, . . . James Otis, Esq., 

Thomas Gushing, Esq., 
Mr. Samuel Adams, 
John Hancock, Esq. 
Joseph Williams, Esq. 
Mr. Samuel Howe. 
Mr. Jazauiah Tucker. 
Ebenezer Thayer, Esq. 
James Humphrey, Esq. 
Mr. Joshua Hersey. 
Samuel Dexter, Esq. 
Capt. Samuel Morse. 
IMr. Jabez Fisher. 
Jeremiah Gridley, Esq. 



County of Middlesex. 



Roxbury, 

Dorchester, 

Milton, . 

Braintrec, 

Weymouth, 

Himjham, 

Dedham, 

Medjield, 

Wrentham, 

Brooklyn, 

Stoughton and -^ 

Stoughton 

ham, 

Medway, 



>Mr. Hezekiah Gay. 
. Capt. Jonathan Adams. 



Salem, . . 

Danvers, 
Ipswich, 
Neivbury, . 
Newburyport, 
Marblehead, 



Lynn, . 

Andover, 

Beverly, 

Bowley, . 

Salisbury, 

Haverhill, 

Olocester, 

Boxford, 

Almsbury, 

Bradford, 

Wenham, 



County of Essex. 

. William Browne, Esq., 

Peter Frye, Esq. 
. Daniel Epes, Esq. 
. . Capt. Michael Farley. 
. Joseph Gerrish, Esq. 

Benjamin Greenleaf, Esq. 

Jacob Fowle, Esq., 

William Bourne, Esq. 

Mr. Ebenezer Burrill. 

Samuel Phillips, Esq. 

Mr. Henry Herrick. 

Ilumpliry Hopson, Esq. 

Caleb Cushing, Esij. 

Richard Saltonstall, Esq. 

Thomas Saunders, Jr., Esq. 

Aaron Wood, Esq. 

Jonathan Bagley, Esq. 

Benjamm Mulliken, Esq. 

Mr. Benjamin Fairtield.* 



Cambridge, 
CharlestoiLni, 
Watertoivn, 
Woburn, 
Concord, . 
Newtown, . 
Reading, . 
Marlborough, 
Billerica, . 
Framinyham,, 

Lexington, 
Chelmsford, 

Sudbury, . 
Maiden, 

Weston, 
Medford, . 
Hopkinton, 
Westford, . 
Oroton, 
Shirley & 
Pepperell, 
Waltham, . 
Stowe, . 



. Andrew Bordman, Esq. 
. Edward Sheaffe, Esq. 
. Mr. Daniel Whitney. 
. James Fowle, Esq. 
. Chai'les Prescot, Esq. 
. Capt. Abraham Fuller. 
. Ebenezer Xichols, Esq. 
. Mr. Samuel Witt. 
. William Stickney, Esq. 
. Josei)h Buckminster, 

Esq. 

. William Reed, Esq. 
. Sampson Stoddard, 

Esq. 
. John Xoj-es, Esq. 
. Capt. Ebenezer Harn- 

den. 
. Mi. Abraham Bigelow. 
. Stephen Hall, Esq. 
. Capt. Joseph Mellen. 
. Capt. Jonas Prescot. 

> James Prescot, Esq. 

. Capt. Jonas Dix. 

. Henry Gardner, Esq. 



County of Hampshire. 

Sprijigfield tfc 



Wilbraham, 
Northampton & 
Southampto>i, 
Hadley and 
South Hadley, 
Hatfield, . 
Westfield, . 
Deerjield & 
Oreenfield, 
Sunderland, . 



Jolin Worthingtou, Esq. 
Joseph Hawley, Esq. 

^Ir. Simeon Strong. 

Oliver Partridge, Esq. 
David Mosely, Esq. 

Elijah Williams, Esq. 

Capt. Joseph Root. 



' Joseph Gerrish and Thomas Saunders of the Massachusetts Bay, James Otis and Jerathmeel Bowers 
of New Plimouth and Samuel Dexter of the Province at large, elected by the House of Representatives, 
were rejected by the Governor. 

' The House Journal, p. 4, adds, " Topsfield, Capt. Samuel Smith." 



[Representatives.] Province Laws (i^esoZve.s, e^c). — 1767-08. 225 



County of Hampshire — Concluded. 
Brivifield, Mo7i- 



son & South 
Brimjield, 



Mr. Timothy Danielson. 



County of Berkshire. 
Sheffield, Great n 



Barrington & 
Egremont, 
Tyringham, . 



>Mr. Ephraim Fitch. 
. John Chadwick, Esq. 



County of Worcester. 



Worcester, . 
Lancaster, . 
Mendon, 
Brookjield, . 
Oxford and 
Charlton, 
Sutton, . 
Rutland, Rut- 
land District & 
Oakham, 
Leicester, Spen- 
cer & Paxt07i, 
Westboroicgh, . 
Shrewsbury , . 
Lunenburgh & 
Fitchburg, 
Uxbridge, . 
Harvard, . 
Bolton, . . . 
Sturbridge, 
Eardwick, . 
Grafton, 



. Mr. Joshua Bigelow. 
. Mr. David Wilder. 
. Mr. Joseph Dorr, Jr. 
. Jedediah Foster, Esq. 

[ Edward Davis, Esq. 

. Capt. Henry Iving. 

> John Murray, Esq. 

^ Capt. John Brown. 

. Capt. Stephen Maynard 
. Artemas Ward, Esq. 

[ Edward Hartwell, Esq. 

. Capt. Ezekiel Wood. 
. Capt. Israel Taylor. 
. John Whitcomb, Esq. 
. Moses Marcey, Esq. 
. Timothy Ruggles, Esq. 
. Mr. Ephraim Sherman. 



County of Plymouth. 



Plymouth, 

Scittiate, 

Duxbiiry, 

Marshfield, 

Bridgrvater 

Middleboro'' 

Rochester, 

PlimiHon, 

Pembroke, 

Kingston, 

Hanover, 

Abington, 



James Warren, Esq. 

Mr. Gideon Vinal. 

Briggs Alden, Esq. 

Capt. Anthony Thomas. 

Josiah Edson, Esq. 
. Capt. Ebenezer Sproutt. 
, Mr. Elisha Barrow. 

Capt. John Bradford. 

Mr. John Turner. 

William Sever, Esq. 
, Ezekiel Turner, Esq. 
. Capt. Woodbridge 
Brown. 



County of Barnstable. 

Barnstable, . . James Otis, Esq. 



Yarmouth, 
Sandwich, 
Eastham & 
Welfleet, 
Harwich, 

Falmouth, 



David Thacher, Esq. 
Roland Cotton, Esq. 

Col. Willard Knowles. 

Chillingworth Foster, 

Esq. 
Roland Robinson, Esq. 



Taunton, . 
Rehoboth, . 
Swanzey with 
Shawamet, 
Dartmouthj . 
Attleborough, 
Dighton, . 
Freetown, 



County of Bristol. 

. Mr. Joseph Tisdale. 
. Capt. James Clay. 

Jerathmeel Bowers, Esq. 



Mr. Walter Spooner. 
Mr. Ebenezer Lane. 
Ezra Richmond, Esq. 
Mr. Thomas Durfee. 



County of York. 
York, .... Jonathan Sayward, Esq. 

Kittery, . . . Nathaniel Sparhawk, 

Esq. 
Wells, .... John Wheelwright, Esq. 
Berwick, . . . Benjamin Chadbiirne, 
Esq. 
. Thomas Perkins, Esq. 



Arundell, . 
Bideford & 
Peperelboro\ 



jMr. Jeremiah Hill. 



County of Cumberland. 

Falmouth & • ? t i t i u m -r 

„,. , , > Jedediah Prebble, Esq. 
Cape Elizabeth, ) 

Scarborough, . Mr. John Stewai'd. 

Gorham, . . . Solomon Lombard, Esq. 

Windhavi, . . Mr. Abraham Anderson. 

Brunswick, . . Aaron Hinkley, Esq. 

Dukes County. 

Chilmark, . . Jonathan Allen, Esq. 
Tisbury, . . . James Athearn, Esq. 

In the County of Nantucket. 
Sherburne, . . Mr. Timothy Folger. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON the Twenty-seventh Day of May, A.D. 1767. 



CHAPTER 1. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF WORCES- 
TER COUNTY. 

John Chandler Esq^ Treasurer for the County of Worcester Legislative 
having presented his Account ending May 1767 for allowance, the councif °*'^® 
following Order passed thereon viz* xxvu., io. 

Resolved That the within Account (being right cast and well House Jour- 
vouched) be allowed : and that the Treasurer be discharged of the X'^efp! ligf " 
Sum of Two hundred and seventy pounds three shillings and eight <^*^*p- ^^• 
pence (exclusive of the Sum of Eighteen pounds, five shillings and 
eleven pence set on the Town of Woodstock in the year 1766) which 
he has paid by order of the Court of Sessions, and that he be ac- 
countable for a balance of the Sum of Two hundred and fifty one 
pounds, four shillings and 6*^% still remaining due to the County; 
and also for the Tax set on the Town of Woodstock when received. 
[Passed May 80. 



CHAPTER 2. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 

John Cotton Esq* Treasurer of the County of Plymouth having Legislative 
presented his account down to the 18*^ of April 1767 for allowance, c^unclf ^* ^''^ 
the following Order passed thereon viz^ xxvii., 11. 

Resolved that the within Account (being right cast & well vouched) House Jour- 
be allowed, and that the Treasurer be discharged of the Sum of One "^^'PP-^'I^- 
hundred and fifty eight pounds and ten pence, which he has paid 
by order of the Court of Sessions; and that he be further account- 
able for a balance of One hundred and sixty four pounds, twelve 
shillings and nine pence due to the County when he shall receive 
it. [Passed May SO. 

[227] 



228 



Province Laws {Resolves^ etc.). — 1767-68. [Chaps. 3,4.] 



Legislative 
Records of the 
Council, 
xxvii., 12. 
Maes. 
Archives, 
cxviii., 288. 

House Jour- 
nal, p. 14. 
Province 
Laws, xvii., 
332, chap. 241. 



CHAPTER 3. 

RESOLVE DIRECTING THAT A PLAN BE TAKEN OF SUNDRY TOWNSHIPS 

AT Y^ EASTWARD. 

Whereas there was a Plan taken of several Townships by John 
Brown Esq"' Surveyor, by Order of a Committee of this Court in 
1763 viz of Narragansett No 1 Pearson town N° 7 with the Lines of 
Biddeford Scarborough & Falmouth as run by said Comittee which 
Plan is mislaid or lost 

Resolvd that the Secretary be directed to to ' write to the said John 
Brown Esq"" to take an exact Plan of said Townships & runing said 
Lines of said Biddeford Scarborougli & Falmouth from his field 
Book or Journal & make Oath to the same t^at it is a true plan & 
return said Plan into the Secretarys Office as soon as may be. \^Passed 
June 2. 



CHAPTER 4. 



Legislative 
Records of the 
Council, 
xxvii., 12. 

House Jour- 
nal, pp. 11, 15. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING JOSIAH DAVIS, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Josiah Davis of Harvard Guardian to Elizabeth, 
Peter, Jonas, Olive and Mary Davis minor Children of Jonas Davis 
late of said Harvard dec*^ Setting forth. That the deceaseds Personal 
Estate after the debts and the Widows allowance were paid amounts 
only to £8.11,3, that bis Children Olive and Mary arc quite Young, 
the one being but five and the other 2i/^ years old and have now 
been a year out at Board. That the deceased died seized of two small 
pieces of Land with a small House and Barn thereon in said Har- 
vard, containing about 40 Acres apprized at £106.13.4. And pray- 
ing that he may be impowered to make Sale of the said Estate, the 
interest thereof to be applied for the support of the Widow & Chil- 
dren in proportion according to Law. 

[Kead and] 

Resolved That Josiah Davis Guardian to Elizabeth, Peter, Jonas, 
Olive and Mary Davis Minors, Children of Jonas Davis late of Har- 
vard deceased, in his said capacity be and hereby is impowered to 
make Sale of the House, Barn & Farm of Land mentioned in the 
Petition for the most the same will fetch, and to execute a good 
deed or deeds of the same he observing the directions of the Law 
respecting the Sale of Real Estates, and giving security to the Judge 
of Probate for the County of Worcester that the proceeds of the 
Sale be applied in manner following viz*^ One third part thereof to 
be put to Interest for the benefit of Elizabeth Davis Widow of the 
said Jonas during her life in lieu of her right of Dower, and also 
that the said Elizabeth, Peter and Jonas's parts of said Estate be 
put to interest until they come of age or time of marriage. And that 
the said Olive and Mary's part of said Estate be also put at Interest, 
and so much thereof be used from time to time as may be necessary 
for their support & Education, and the remainder paid to them at 
the time they come of age, or at the time of Marriage. [Passed 
June 2. 

■ > Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 229 



CHAPTER 5. 

RESOLVE ALLOWING THE ACC'> OF Y« GUAR"« OF THE PLYM" COUNTY 

INDIANS. 

By the Accounts exhibited by the Guardians of the Indians for Legislative 
the County of Plymouth. It appearing that they are well avouch'd councif, '^^ '^''^ 
and right cast, and that there is Still remaining in the Said Guar- J',^^"-- In- 
dians Hands Due to James Thomas. Two Pounds fifteen Shillings Archives, 
Three Pence half Penny. Also due to Stephen David Forty One xxxiu., 422. 
Pounds, Two Shillings. Also due to Hannah Bobbins jun"" Seventy ^aTpV9"i2 
Eight Pounds Seventeen Shillings And Eleven Pence. Also due to w- ' Province 
the Heirs of John Thomas. Four Pounds fifteen Shillings. Also it cifaT)^76,Vote. ' 
Appearing that the Acco*^ of the Widow Hannah Eobbins are bal- 
lauc'd. Therefore 

Resolved that the Guardians aforesaid be further Accountable for 
the Said Sums. And discharg'd of the Acco*^ of the Said Widdow 
Hannah Eobbins. ^Passed June ~. 



CHAPTER 6. 



RESOLVE IMPOWERING MARTHA DAVIS, ADM^, TO EXECUTE A DEED. 

A Petition of Martha Davis of Barnstable Widow, Admin^ of ^^^^^^^"^fti^ 
the Estate of William Davis late of Barnstable Mariner deceased Set- council, 

ting forth That the deceased in his life time being seized of one ^^^"•' ^^' 

moiety of a piece of Land and meadow in partnership with Corne- ^^i^pp'^i^^iY 
lius Crocker containing in the whole six Acres had bargained for 
the same with the said Cornelius on the first day of December 1765 
in consideration of the Sum of £33.14.4 part whereof the said Corne- 
lius paid to the said William, who then obligated himself to give to 
the said Cornelius a deed of the Land upon the Repeal of the Stamp 
Act, he paying the remainder of the money; but that the said Wil- 
liam died before the said Act was repealed. And praying that she 
may be impowered to compleat the Bargain aforementioned. 

Read & 

Resolved That the prayer of this Petition be so far granted, as 
that the said Martha in her said capacity of Administratrix, be, and 
hereby is impowered to execute a good and lawful deed of the ^aid 
William's part of the premises to the said Cornelius Crocker, he 
paying her that part of the purchase money that is still due; She 
to account for the same when she makes up her accounts of her 
Administration on the said deceased his Estate. [^Passed June 2. 



CHAPTER 7. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
CADWALLADER FORD TO BRING FORWARD A WRIT OF REVIEW. 

The Committee appointed the 30^^ Instant on the Petition of Legislative 
Cadwallader Ford Esq'' reported That they had examined the written councu,'' ^ 
evidence and were of opinion, that the said Ford had not had a ^''^"•' ^'^- 



230 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 8,9.] 



Legislative 
Records of the 
Council, 
xxvii., 10. 
House Jour- 
nal, pp. 7, 8, 11, 
12, 18, 20, 21. 
Ante, p. 145, 
chap. 64. 



proper trial of the Cause between him and Joshua Farnliam as men- 
tioned in said Petition. Therefore report that he have liberty to 
bring forward his Writ of Review of the same Cause at the Superior 
Court of Judicature &c. next to be holden at Falmouth in the County 
of Cumberland in the present year 1767, and that execution be stayed 
in the meantime. 

Read accepted ; And 

Ordered that the Petitioner serve the adverse party Joshua Farn- 
ham with a Copy of this Petition that he shew cause if any lie hath, 
on the second Wednesday of the next sitting of this Court, why the 
prayer thereof should not be granted, and that execution be stayed 
in the meantime. \^Passed June 3. 



CHAPTER 8. 



Legislative 
Records of the 
Council, 
xxvil., 18. 

House Jour- 
nal, pp. 20, 21. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
FORTES: VERNON TO BRING FORWARD A WRIT OF REVIEW. 

A Petition of Fortescue Vernon of Boston Setting forth That 
one Joshua Coffin brought his Action against the petitioner upon 
a Policy of Insurance for the Sum of £100 upon the Brig Prince 
of Orange David Coffin master, which Action was carried up by 
demurrer to the Superior Court, and in November last at said Court 
held at Salem the said Joshua recovered Judgment against the Peti- 
tioner for £100 and Costs ; owing as he apprehends to the Nonattend- 
ance of his attorney M' Auchmuty who was prevented by his W^ifes 
Illness, quite unknown to the Petitioner 'till about a fortnight since, 
who apprehended the Case had been continued. And praying that 
he may be impowered to bring forward his Writ of Review of said 
Judgment at the next Superior Court to be held in the County of 
Essex; and that execution may be stayed in the mean time. 

Read & 

Ordered that the Petitioner notify that adverse party Joshua 
Coffin of this Petition, by serving him with a copy of the same to 
shew cause, if any he have on Thursday the ll"" Instant why the 
prayer should not be granted ; and that Execution be stayed in the 
mean time, and the Petitioner give security to respond whatever may 
be finally recovered of him. \^Passed June 3. 



CHAPTER 9. 



Legislative 
Records of the 
Council, 
xxvii., 19. 

House Jour- 
nal, pp. 15, 19, 
20. Province 
Laws, xvll., 
591, chap. 182. 



RESOLVE CONFIRMING A PLAN OF 300 ACRES OF EQUIVALENT LAND TO 

SAMi- DEXTER. 

A Return of the Survey of a piece of Land granted by the Great 
and General Court of this Province to Samuel Dexter Jan'' 28. 
1765 Begining at a great Beach tree marked & Stones four perch 
E* of the North branch of Hoosuck River in the Province Line, 
from thence run S° 10*^ W*^ 160 perch to a Stake and Stones, then 
W* 10*^ N, 300 perch to a heap of Stones three feet S° of a small 
Hemlock marked, then at right angles to the Province Line, allow- 
ing one Rod in thirty for swag of Chain, according to the Plan here- 
with exhibited. 

Pittsfield Dec'' 3<^ 1766 Signed Joseph Allen Surveyor 



[IST Sess.] Province Laws {Resolves, etc.). — 1767-68. 231 

[Read and] 

Resolved that the within Plan of three hundred acres of Land 
delineated and described as is set forth therein, be accepted, and 
hereby is confirmed unto Samuel Dexter his Heirs and assigns in 
full satisfaction of the Grant allowed by the General Court to the 
said Samuel Dexter Jan^ 26. 1765 (a Plan of the same not being 
returned within twelve months of said time notwithstanding) pro- 
vided that it doth not exceed the quantity of three hundred Acres, 
nor interfere with any former Grant. \^Passed June 3. 



CHAPTER 10. 

ORDER IMPOWERING THE INHABITANTS OF THE N. E. QUARTER OF 
RUTLAND TO LEVY AND COLLECT A TAX OF ONE PENNY PER ACRE 
ON LANDS OF NON-RESIDENTS. 

A Petition of the Inhabitants of the N E Quarter of Rutland R^^'^lf^^^tj^ 
praying for a Tax on the Lands of the Nonresident proprietors, and council, 
that the said Quarter may be incorporated, MasB.'' ^^' 

Read : and it appearing that the Petitioners & nonresident pro- "^?"<^??|^*:,% 
prietors had come to an Agreement that there should be a Tax of - — ^— ^ — 
one penny ^ Acre laid upon all the Lands of the nonresident pro- Archives, 
prietors l3dng in the Northeast Quarter of Rutland for one year '^^^11['21^q 
only, to enable the Inhabitants to make and repair Roads. Records of the 

Ordered That there be a Tax of One penny ^ Acre, laid on the sae^^HousY ' 
s^ Lands accordingly and that the Petitioners have liberty to bring prov^nJ^^' ^^" 
in a Bill for incorporating the said Quarter into a District.' [^Passed Laws, ly., 953, 

June 0. note. 

CHAPTER 11. 

RESOLVE ALLOWING 40/ TO W* PIERCE. 

A Petition of William Pierce Setting forth That in the year Legislative 
1755 He was a Captain in the pay of the Province in the expedition councif °* ^^'^^ 
against Crown point, & upon the encouragement of the Govern- xxvii.,25. 
ment, he furnished one James Daly with a Gun, who was taken Archives, 

prisoner and the Gun lost. And praying an allowance. lxxx., 646. 

[Read and] _ 'Irl^i.es, 

Resolvd that that * there be allowd & paid out of the province ixxx., 646. 

Treasury to the Pef the Sum of forty shillings in Consideration of na^^i^. 23^^25. 

the Loss of the Gun mentiond. \^Passed June 5. Laws^if. 737 

chap. 41. 



CHAPTER 12. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN- 
STABLE COUNTY. 

An Account of Solomon Otis County Treasurer for Barnstable, Legislative 
was presented for allowance: Whereupon the following Order passed coundf °*'^^ 

viz'' xxvU., 26. 

^ This district was called Hubbardston. 
« Sic. 



232 



Province Laws {Resolves, etc.). — 1767-G8. [Chaps. 13, 14.] 



na^i'^pp.'g'zL Resolved that the within Account, being right cast and vouch'd 

be accepted: and that the Treasurer be discharged of the Sum of 
One hundred forty three pounds fourteen shillings and ten pence 
which he has paid by order of the Court of Sessions, and that he 
be further accountable for a balance of One hundred and seventeen 
pounds, seventeen shillings & three pence still remaining due to the 
County. \^Passed June 5. 



Legislative 
Records of the 
Council, 
xxvii., 27. 

House Jour- 
nal, pp. 9, 27. 



CHAPTEE 13. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 

The Account of Michael Farley County Treasurer of Essex being 
laid before the Court for allowance, the following Order passed 
thereon viz'' 

Resolved that the within account being right cast & well vouched 
be allowed, and that the Treasurer be discharged of the Sum of Six 
hundred and sixty nine j^ounds, six shillings and ten pence which 
he has paid by Order of the Court of Sessions, and that he be further 
accountable for a balance of four hundred & one pounds, nineteen 
shillings and seven pence still remaining due to the County. \^Passed 
June 6. 



CHAPTEK 14. 



RESOLVE CONFIRMING A PLAN OF 47 ACRES AND 2 RODS OF EQUIVA- 
LENT LAND TO EPH"" KEYES. 



Legislative A Plan of the Residue of the Grant made to Ephraim Keyes of 

Council, three hundred Acres of Land viz* of forty seven Acres as heretofore 

xxvu., 27. mentioned in a Plan of two hundred and fifty two Acres and half 

miTpi/26^27 presented to and accepted by the hon''''' Court, delineated as in the 

Ante, p'. 64*, ' Plan here annexed viz' begining eleven chains seventy five link North 

p.i36,dSap.45. 33 degrees East from the North west corner of a Grant of Land made 

by the General Court to Beuj* Goodrich and others lying West of 

Pittsfield, bounded as by the Plan viz' North 22"^ East 20 chain. 

East 22'' South 23 chains 74 links. North 22'^ east 20 chains, east 

22*^ South 23 chains 74 links. Surveyed by Benj"* Goodrich jun"' and 

Sworn before William Williams Justice [of the] peace 

[Eead and] 

Resolved that the within Plan of forty seven Acres and two roods 
delineated and described as it is set forth therein be accepted, and 
hereby is confirmed to Ephraim Keyes his Heirs and Assigns in full 
satisfaction for forty eight Acres and seventy rods allowed by this 
Court October 31, 1765 to the said Ephraim to compleat a former 
Grant to him of Three hundred Acres, provided it doth not ex- 
ceed the quantity of forty eight x\cres and seventy Eods, nor inter- 
fere with any former Grant. [Passed June 6. 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 233 



CHAPTER 15. 

ORDER ALLOWING £9. 14. 8 TO ENOCH FREEMAN. 

A Petition of Enoch Freeman Esq"" of Falmoutli in the County Legislative 
of Cumberland: Praying an allowance of £9.14.8 disbursed in the coum-if ^* ^"^^ 
service of the Government from 1757 to 1763 as having the care and xxvii., -k 
direction of three Companies as a Winter Scout, and for the purchase House Jour- 
of 13 Bayonets & Scabbards for the Battery Company, and for his ."^''PP-^^-^s. 
time, trouble and expence in the said Service. 

Read & 

Ordered that there be allowed and paid out of the Province Treas- 
ury to Enoch Freeman Esq"' the Sum of Nine pounds, fourteen shil- 
lings and eight pence in full for his Account as set forth in this 
Petition. \_Passed June 8. 



CHAPTER 16. 

RESOLVE IMPOWERING ABIG^- CURTIS, GUARDIAN, TO EXECUTE A 

DEED. 

A Petition of Abigail Curtis of Hanover Widow as Guardian to Legislative 
her two Children Joseph Curtis & Seth Curtis Minors and the only counc*if * "^"^^ 
surviving Children of her late husband Joseph Curtis of said Han- xxvu., 29. 
over deceased Setting forth That one Thomas Whitton of said House jour- 
Hanover stands seized of about fourteen acres of Land in said Town, 29! •'^P'^^'^"» 
the most whereof is under good improvement, and but about 12 Rods 
in weidth & encompassed by the said Minors Lands: and that the 
said minors own some unimproved Land at a distance from that 
beforementioned, and near to other Land owned by the said Whit- 
ten, who is willing to accept sixteen acres thereof in exchange for 
the fourteen acres beforementioned. And praying that she may be 
impowered to execute a deed of the said fourteen Acres in exchange 
for the sixteen acres aforementioned. 

[Read and] 

Resolved that the prayer of the Petition be granted ; and that the 
said Abigail Curtis in her said capacity as Guardian to Joseph Curtis 
and Seth Curtis be, and hereby is enabled to give and execute a good 
and sufficient deed of conveyance of the withinmentioned sixteen 
Acres of Land unto the said Thomas Whitten, and in consideration 
thereof to receive a good and lawful deed from the said Thomas to 
the said Joseph and Seth Curtis vesting them with the said prop- 
erty of the fourteen Acres of Land mentioned in said Petition. 
\^Passed June 8. 

CHAPTER 17. 

RESOLVE CONFIRMING 3,000 ACRES OF EQUIVALENT LAND TO HEZ: 
WARD & OTHERS, ASSIGNEES. 

A Return was made to the Court of the following Survey viz' Legislative 
May 26 1767. Then laid out three thousand Acres of the unappro- counciu^ 
priated Lands of this Province pursuant to a Grant of the Great ^^^"•'^"- 



234 



Province Jjaws (Hesohes, etc.) . — 17G7-G8. [Ciiap. 18.] 



House Jour- 
nal, pp. 24, 28, 
Ante, p. 185, 
chap. 155. 



and General Court made to M"" Hezekiah "Ward & Others Assignees 
of the Town of Boston in proportion to their several losses of Land 
in the Town of Charlemont by the running of the Lines of Colrain 
and in full satisfaction therefor viz' Twelve hundred acres for the 
Heirs of Jonas Clark, Benjamin Clark & Ebenezer Storer Twelve 
hundred acres for M' Hezekiah Ward and Jonathan Ward : Three 
hundred acres for Doct^ Thomas Green and Samuel Pierce, and 
three hundred acres for Caleb Dana, Eichard Dana, Jonathan White 
and Joseph Wilder; the whole is bounded on the North by Charle- 
mont South line ; on the West by Land sold by the Province to Cap' 
Pason ; on the South it bounds by Province Land ; on the East partly 
on Province Lands and partly on Land of M"' Othniel Taylor as the 
same is marked out and delineated on the above plat, with the first 
Letters of the names of the Owners of each Lot set on the Corners 
and the Trees about them. The particular Lots are bounded as 
follows: Clarks and Storers North on the South line of Charle- 
mont, South partly on Wards Farm & partly on Greene's & Pierce's 
Farm West by Pason's Land or Town, East by Dana, White's and 
Wilders. Wards Farm bounds north partly by the farm last described 
of Clarks and Storers and partly by Danas Whites & Wilders, South 
and East it bounds by Province Lands, West by Doctor Green's & 
Pierce's Lot. Docf" Green and Pierce's Lot bounds on the West by 
Pasons Town so called, East by Wards Lot or Farm South by Prov- 
ince Land, North by Clark's and Storers Lot or Farm. Danas White's 
& Wilder's lot laid East of Clark's & Storer's, Bounds West by it 
South by Wards, East by M' Othniel Taylor's and North by the 
South line of Charlemont: the lines are all well marked, and it is 
laid down by a Scale of 200 perch to one inch. 

Signed Silvaxus Rice Surveyor 

and Sworn before Thomas Williams Just* pac* 

[Read and] 

Resolved That the within Plan of three thousand Acres including 
the several Divisions, delineated & described therein be accepted, 
and hereby is confirmed to Hezekiah Ward and Others Assignees 
of the Town of Boston, their Heirs and Assigns in full satisfaction 
for their several losses of Land in the Town of Charlemont by the 
running of the Lines of Colrain. Provided that it doth not exceed 
the quantity of three thousand Acres, nor interfere with any former 
Grant. [Passed June 8. 



CHAPTEK 18. 



RESOLVE IMPOWERING ELEAZER ADAMS, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 32. 

House Jour- 
nal, pp. 21, 32. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Eleazer Adams of Medway Guardian to Esther 
Adams a person Noncompos setting forth That his Account of 
disbursements for said Esther amounts to Thirty six pounds 17/10 
more than her Personal Estate. That her Real Estate was apprized 
at £75,6.8, that all her improved Lands will rent for no more than 
two dollars a year, besides keeping the Fences in repair, and the 
Bushes subdued. And praying that he may be impowered to make 
Sale of the said Esthers Real Estate to discharge the debt already 
contracted and to provide for her future support. 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 235 

[Read and] 

Resolved that Eleazer Adams of Medway in the County of Suffolk 
Guardian to Estlier Adams of said Medway a person Noncompos, 
be, and hereby is impowered to make Sale of the whole of the Eeal 
Estate belonging to the said Esther for the most the same will fetch, 
and to make and Execute a good deed or deeds of the same to the 
purchaser or purchasers, their Heirs and Assigns ; He observing the 
directions of the Law respecting the Sale of Real Estates by Exec- 
utors & Administrators : the money arising by said Sale to be applied, 
so much as is necessary to the discharge of the said Esther's present 
debts, and the remaining part to be put out at Interest & employed 
from time to time for the support & maintenance of the said Esther: 
and that the said Eleazer Adams give caution to the Judge of Pro- 
bate for the County of Suffolk that the said Money be so applied. 
[^Passed Jmie 9. 



CHAPTER 19. 

RESOLVE IMPOWERING THE SELECTMEN OF THE TOWN OF LEXINGTON 
TO FROVIDE FOR THE SUPPORT OF THE FAMILY OF SAMUEL PIKE. 

A Petition of the Representative & Selectmen of the Town of ^®^*^|?"^'f .v^ 
Lexington Setting forth That in 1732 one Samuel Pike with his council, 
Family came into the said Town, and were legally warned to depart Mass.'' ^' 
& caution entered accordingly in August following. That the said Archives,^ 

Samuel is since dead after long illness leaving a Widow & two Daugh '^-^ — 

ters, one of which hath been bedrid for ten years past, and have Archives, 
been a great expence to the Inhabitants of said Town. That the Hmlse'jour- 
Petitioners cannot find that the said Family have ever gained a nai,pp.24,33. 
Settlement in any Town in the Province. And praying that they 
may be relieved at the Province charge. 

Read & 

Resolvd that the Overseers of the Poor or the Selectmen of the 
Town of Lexinton be directed to make suitable provision at the 
publick Expence for the Support of those of the Family of the said 
Sam' Pike who are incapable of providing for them selves & lay the 
Accounts thereof before the Governor and Councile from time to 
time agreable to Law. \^Passed June 9. 



DHAPTTilT?20 Legislative 

^ -tl-t^XT J. Jli Xi ^\J . Recordsof the 

Council, 
xxvii 34 
RESOLVE ALLOWING £2. 8 TO MICHAEL DAIGLE. Mass.'' ' 

Archives, 

Resolvd, That the Sum of Forty Eight Shillings be paid out of the = — ^-r-^ ■ 

Province Treasury to Michel Daigle ' one of the Nova Scotia French nai,pp.34,35. 
Inhabitants, to enable him to transport himself & Family from this Laws^iv. 948 
Province to Canada. \^Passed June 9. notes.' 

' The House Journal, pp. 34, 35, reads, *' Michael D. Eagle." 



236 



Province Laws {Resolves, etc.) . — 1767-68. [Chaps. 21, 22.] 



CHAPTER 21. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JN» BRIDGHAM TO ADMIT AN APPEAL OF AN ACTION. 



Legislative 
Becords of the 
Council, 
xxvii., 35. 

House Jour- 
nal, p. 37. 



A Petition of John Bridgham of Plympton Setting forth, That 
Nathaniel Goodwin of Plymouth commenced an Action against him 
at an Inferior Court for the County of Plymouth which was carried 
up by Demurrer to the Superior Court held in and for the said 
County in May following where Judgment was made up against 
him for £13.3.61/4 damages and costs: whereupon he appealed to 
the Superior Court held in & for the said County in May last, when 
and where he expected his attorney would have defended the said 
Action but thro' mistake this was not done, and so the former Judg- 
ment was confirmed with additional Costs. And praying that Execu- 
tion may be stayed, and that he may have power to enter his said 
Appeal at the next Superior Court for the said County. 

[Read and] 

Ordered that the Petitioner serve the said Nathaniel Goodwin 
with a Copy of this Petition that he make answer if lie see cause, 
on the third Tuesday of the next Session of this Court, why the 
prayer thereof should not be granted, and that Execution be stayed 
in the mean while. \^Passed June 10. 



CHAPTER 22. 



ORDER EXEMPTING THE TOWN OF WINCHENDON FROM THE PROVINCE 

TAX. 



Legislative 
Records of the 
Council, 
xxvii., 36. 

House Jour- 
nal, pp. 25,26, 
35, 36. 



A Petition of Daniel Stimpson in behalf of the Inhabitants of 
the Town of Winchendon setting forth That there has been a 
Tax laid upon them by the Government for six years amounting 
in the whole to £167.3.4:; none of which has been yet paid by reason 
of the smalness of their numbers and their extreme poverty: And 
praying that the said Tax may be abated and that they may be 
exempted from any further Tax, till they shall be better able to 
bear it. 

Read & 

Ordered that the Town of Winchendon be eased of the Taxes of 
One hundred and sixty seven pounds three shillings &> four pence 
laid on them for six years past : and tliat the said Sum be added in 
this years Tax Bill to the following Towns in the County of "Worces- 
ter which were eased of the same Tax in proportion as the following 
Towns were eased by laying the same Tax on the said Winchendon 
viz* on Worcester, Lancaster, Mendon, Brookfield, Oxford, Sutton, 
Rutland, Leicester Westborough, Shrewsbury, Lunenburgh, Ux- 
bridge Harvard, Dudley, Bolton, Sturbridge, Leominster Hard- 
wick, Western, Douglas &, Petersham. \^Passed June 10. 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 237 



CHAPTER 23. 

RESOLVE IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY 
OF MIDDLESEX TO ALLOW FURTHER TIME FOR THE ADMISSION OF 
CLAIMS AGAINST AN ESTATE. 

A Petition of Isaac Foster of Charlestown Merchant Setting Legislative 
forth That Thomas Parker late of Dracut Clerk dec'^ is justly gStr*'*"® 
indebted to the Petitioner in about the Sum of <£50 That the said xxvii., 40. 
Estate has been represented Insolvent, but he not being apprized House Jour- 
thereof or apprehensive of such Insolvency till tlie time for carrying °* 'I^p- ' 
in the Creditors Claims was near expired; He then applied to one 
of the Commissioners, who as he then understood, promised to call 
& take the Petitioners Bond against the said Estate but thro' some 
misapprehension of the matter between them it happened that the 
whole term allowed was expired before he took any further care to 
carry in his Claim, by which means he is like to be excluded. And 
praying that the Judge of Probate may be impowered to give a 
further time to the Commissioners to receive the Creditors Claims, 
that so he may have opportunity to present and prove his own in 
order to receive his just proportion. 

[Read and] 

Resolved That the Judge of Probate for the County of Middlesex 
be, and he hereby is impowered to allow the Commissioners by him 
appointed to examine the Claims to the Estate of Thomas Parker 
late of Dracut Clerk deceased two months longer, if he shall see 
cause, to receive the Claims of such Creditors to the Estate afore- 
said as have not been before considered by said Commissioners. And 
that such Claims so to be received may be considered by said Com- 
missioners, & allowed by said Judge, as if they had been exhibited 
in due Season. \_Passed June 11. 



CHAPTEE 24. 

RESOLVES CONSTRUING AN ACT IN REGARD TO MINISTERIAL AND LAND 
TAXES IN DISTRICT OF SOUTH BRIMFIELD. 

A Petition of Edward Webber Agent for the East Parish of Legislative 
South Brimfield praying for an explanation of the Act for divid- councif, 
ing the District of South Brimfield into two separate Parishes: And xxvu., 4i. 
Setting forth That there are large Tracts of Land in the said ^^T^f '^^6'27 
East Parish which have been advanced in their value by means of 42. ' Province' 
their Building a meeting house & settling a minister, towards which ^h&v'^\','i^l', 
the said Lands have not paid any Tax: And praying for a Tax of chap' TJ4"'' ^^^* 
three pence ^ acre for three years on all the Lands in said East 
Parish, to be applied towards finishing the meeting house and sup- 
porting the Gospel therein. 

Read & 

Resolved That by the Act made in the sixth year of his present 
majesty's Reign for dividing the District of South Brimfield into 
separate Parishes; the Inhabitants of the West Parish in said Dis- 
trict are not freed from any charges that arose in said District by 
hiring Preaching previous to the dividing said District into separate 



238 



Province Laws {Resolves, etc. ) . — 1767-68. [Chaps. 25, 26.] 



Parishes, & previous to the settling a minister in that part of the 
said District now the East Parish. And that the prayer of the Peti- 
tion be so far granted, that the Selectmen or assessors of the District 
of South Brimfield are hereby ordered and impowered to assess all 
such Sum or Sums of money that have not been assessed and have 
been expended in hiring preaching in said District before said Dis- 
trict was divided into separate Parishes, and before the settling a 
minister in that part of said District now the East Parish, in pro- 
portion upon the Inhabitants of the East and West Parish, that are 
not exempted by Law from ministerial Taxes, and to commit the 
same to the Constable of said District to collect. And as to the 
second part of said Petition : It is further 

Resolved That the Petitioner insert the substance of that part 
of the Petition relating to a Land Tax in two of the Boston News 
papers, notifying the Nonresident Proprietors of Lands in the East 
Parish of South Brimfield to shew cause, if any they have, on the 
second Tuesday of the next Winter Session of the General Court 
why the prayer should not be granted. [^Passed June 11. 



Legislative 
Records of the 
Council, 
xxvli., 43. 

House Jour- 
nal, p. 241 
(February, 
1766) ; pp." 33, 
45. Pos<, p. 249, 
chap. 51. 



CHAPTER 25. 

ORDER ALLOWING £3. 18 TO 0. PARTRIDGE, ESQ*. 

A Petition of Oliver Partridge Esq"" Praying an Allowance for 
six days service and Horse hire to view & estimate certain Lands 
lying West of Sheffield in April 1766 by an Order of the General 
Court, a large Tract whereof they afterwards sold to Charles Good- 
rich. Also praying an allowance of eighteen shillings for an Express 
from Hatfield to Pittsfield in the time of the Riot at Egremont. 

Eead & 

Ordered That the prayer be granted, and that the Sum of Three 
pounds, eighteen shillings be paid to the Petitioner out of the public 
Treasury in full for his Services mentioned in the Petition. \^Passed 
June 12. 



Legislative 
Records of the 
Council, 
xxvii., 43. 

House Jour- 
nal, pp. 24, 38. 



CHAPTER 26. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO ISSUE HIS WAR- 
RANT TO EBEN« OLDS TO COLLECT TAXES IN EGREMONT AND TO 
WITHDRAW THE EXECUTION AGAINST SAID COLLECTOR. 

A Petition of Ebenezer Olds Setting forth That he was chosen 
Constable of the Town of Egremont in 1764 but has never yet re- 
ceived a Warrant from the Province Treasurer impowering him to 
collect the Province Tax laid on said Town: notwithstanding which 
the said Treasurer hath made out an Execution against him. And 
praying relief. And further praying that the Taxes of sundry per- 
sons who have since died and absconded may be remitted, as he will 
be now unable to collect the Sums set upon such persons. 

[Read and] 

Resolved that the prayer of the Petition be so far granted as that 
the Province Treasurer be, and he hereby is directed to issue his 
Warrant impowering the Petitioner to collect such part of the Sum 



[1st Sess.] Province Laws {Resolves^ etc.). — 1767-68. 239 

committed to him by the assessors of the Town of Egremont as still 
remains due to the Province, and to send such Warrant to the Sheriff 
of the County of Berkshire to be by him transmitted to the Peti- 
tioner. And that the space of three Months & no longer, be allowed 
said Petitioner to collect and pay in the said Sum. And that the 
Treasurer be further directed to write to the Sheriff of said County 
to return the Execution issued against the Petitioner, and pay said 
Sheriff his Fees for Travel out of the public Treasury. \^Passed 
June 12. 



CHAPTEK 27. 

RESOLVE IMPOWERING THE TOWN OF DORCHESTER TO SELL LANDS 
AND APPLY THE PROCEEDS THEREOF FOR THE SUPPORT OF A 
FREE SCHOOL THEREIN. 

A Petition of Eichard Hall & others Selectmen of Dorchester Legislative 
Praying liberty to sell a Tract of Land containing 140 Acres lying Q^unc'lf *** ^^^ 
in Stoughton, being part of a Grant made by the ancient proprie- xxvii., 44. 
tors of said Town in the year 1657 for the benefit of a Free School; Legislative 
the money arising by said Sale to be placed at Interest for the same counclf, xxv'l, 
use till there shall be opportunity of vesting it in other Real Estate, jo°^i^i"^®p 28 
the forementioned 140 Acres being of very little profit to the Town. 4i. 

[Read and] 

Resolved that the prayer of the Petition be so far granted that 
Richard Hall, William Holden and Elijah Davis, the Committee of 
the Town of Dorchester, be and are hereby impowered to make sale 
of the Lands therein mentioned, and to make and execute a good 
deed or deeds of conveyance thereof to the purchaser or purchasers 
thereof; which Deed or deeds so made and executed shall be good 
and valid in Law to convey the said Lands to the purchaser or pur- 
chasers thereof; the proceeds of said Sale to be delivered to the 
Treasurer of said Town of Dorchester to be appropriated & employed 
for the use of a Free School in said Town as the Inhabitants thereof 
shall think proper. \_Passed June 12. 



CHAPTER 28. 

RESOLVE IMPOWERING BENJAMIN MULLIKEN AND OTHERS TO EX- 
CHANGE LANDS AND TO NOTIFY DELINQUENT PROPRIETORS. 

A Petition of Benjamin Mulliken & Moody Bridges Agents for Legislative 
the Proprietors of a Township granted to them June 25 1765 Setting counclf °* ^''^ 
forth. That a Pond called Long Pond contained in the Plot is much xxvii., 4*5. 
larger than described therein: And praying an allowance, & also Archives, 
praying to exchange a part of said Township for other Province cxviii., 4i8. 
Lands which would bring it into a better form : And that they may Mass. 
be impowered to make Sale of the Rights of the delinquent Pro- cxvui., 416. 
prietors who are in arrears for the Taxes laid upon them. miTpp'^sl^'s 

[Read and] p'-^/chl^hJ; 

Resolved that that part of the Township granted to BenJ^ Mulli- p. ee) chap. 125. 
ken Esq"" and others June 25'"^ 1765 lying on the Easterly side & 
northerly end of the pond called Long pond containing Eight thou- 



240 



Provestoe Laws {Resolves, etc.). — 1767-68. [Chaps. 29, 30.] 



sand, six hundred & forty five acres bounded as f olloweth ; Begining 
at a stone set into the ground at the northeasterly corner of said 
Township; thence South 25 degrees East nine miles to a Stone set 
into the ground, thence west 25 degrees South seven hundred & 
forty pole to said Pond ; thence northerly by s'^ pond to a Stake & 
stones standing by a Brook at the head of said pond ; thence north 
25 degrees West six hundred & sixty pole to a Stake & stones stand- 
ing in the northerly line of s** Township thence East 25 degrees 
north One hundred & sixty pole to the first bound, be, exchanged 
for an equivalent of Land lying on the Westerly side, provided there 
be a sufficiency of Land belonging to the Province on that side, 
otherwise that the deficiency be made up in Lands at the Southerly 
end of said Township adjoining thereto, and that a plan thereof 
taken by Surveyor & Chainmen on Oath, be returned to this Court 
within twelve months from this date for Confirmation. 

And that the petitioners notify the delinquent Proprietors men- 
tioned in their petition by inserting the substance of that Clause 
in one of the Boston News papers three Weeks successively that 
they shew cause if any they have on the first Tuesday of the next 
Session of this Court why the prayer thereof should not be granted. 
\_Passed June 12. 



CHAPTER 29. 



Legislative 
Records of the 
Council, 
xxvll., 46. 

Legislative 
Records of the 
Council, XXV., 
•2S0. House 
Journal, pp. 44, 
46. Province 
Laws, xvii., 
571, chap. 134. 



ORDER ALLOWING 30/ EACH TO TIMOTHY PAINE AND JOHN MURRAY 
AND £1. 4 TO MOSES MARCY. 

A Petition of Timothy Paine, Moses Marcey & John Murray 
Esq" Praying an allowance for going to South Brimfield in 1764 
to fix a place for a meeting House there, by order of the General 
Court. 

Eead and 

Ordered That the prayer be granted, and that there be paid out 
of the public Treasury to Tim° Paine & John Murray Esq" thirty 
shillings each and to Moses Marcey Esq'' One pound four shillings, 
being Four pounds, four shillings in full of the Accounts mentioned 
in the Petition : And that the same be added to the Province Tax 
on South Brimfield the present year. \^Passed June 12. 



Legislative 
Records of the 
Council, 
xxvii., 46. 

Mass. 
Archives, xlv., 

4S7. 

House Jour- 
nal, pp. 20, 36, 

47. 



CHAPTEE 30. 

ORDER ALLOWING £6 TO REV. STEPHEN BADGER. 

Orderd that the Sum of Six pounds be paid out of the publick 
Treasury to the Kev^ M'' Stephen Badger of Natick for the Charge 
he has been or may be at in supporting any of the poor Indians of 
Natick he to be accountable therefor to this Court. \^Passed Ju7ie 12. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1767-68. 241 



CHAPTEK 31. 

RESOLVE IMPOWERING THE GENERAL SESSIONS TO HEAR AND DETER- 
MINE QUESTIONS IN REGARD TO LAYING OUT A CERTAIN ROAD. 

A Petition of David Shaw and Bernard M'^Nitt of Palmer Set- Legislative 
ting forth That a Road hath been laid ont through their Lands councif, "* ^'^^ 
and established by the Sessions greatly to the damage of the Peti- ^^^gg'**^' 
tioners, altho' a more convenient Road thro' the Town has been Archives, 

lately amended. That they, ignorant of the Law did not apply in ^^^^''^^'' 

season for a Jury to be sent out on said Road : And praying that Archives, 
they may be still indulged with that priviledge, their omission not- "^xi., 454. 
withstanding. nai, pp. 37, ' 

[Read and] _ 45 6is.46. 

Resolved that the Prayer of this Petition be granted and that the 
Justices of the Court of General Sessions of y® Peace for the County 
of Hampshire at the next Term of Said Court upon Application 
made by the Petitioners be & hereby are impowered to hear and 
determine all matters respecting the Laying the Road on the Peti- 
tion Mentioned and Shall & may Enquire of all Matters relative 
thereto & in the Same manner as they might have done by Law at 
the Term next after the Return of the Laying of Said Road. [^Passed 
June 12. 



CHAPTER 32. 

RESOLVE DISCHARGING THE DISTRICT OF PALMER OF £174. 16. 

A Petition of William Scott in the name & behalf of the Dis- Legislative 
trict of Palmer Setting forth That the General Court passed an ^^^^^c'lf ''* *^® 
Order in March last for the Treasurer to prepare a List of debts xxvu., 48. 
due to the Government in the late Treasurer Foye's days; in which Archives, 
List is £174.16 lawful money due from the said District for Taxes cxviii., 274. 
in 1742 & 1749 which they had no expectation of paying, as there Mass. 
was no Law till 1751 to levy and collect the said Taxes, nor was cxvui., 272. 
any rate given them till then, whereby to levy any Taxes but upon nai^pp^sT^^is. 
unimproved Lands. And praying relief. Province ' 

I"-) -I p J-jSiWSj 111., oyy, 

Keacl & chap. 15. Ante, 

Resolvd that the Prayer be granted & the said District of Palmer g)';^ ^' *^^*P' 
be & hereby is dischargd of the Sum of One hundred & seventy four 
pounds Sixteen shillings mentiond in the Petition. \^Passed June 13. 



CHAPTER 33. 



RESOLVE IMPOWERING SHARP FREEBORN AND ESTHER HIS WIFE, 
INDIANS, TO SELL LAND AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 



A Petition of Sharp Freeborn of Paxton & Esther his Wife Legislative 
daughter of Peter Lawrence of Grafton Indian planter deceased Set- gouncif ^* 
ting forth That he the said Sharp is Owner of about thirty Acres of xxvii., 49. 



242 



Province Laws {Resolves, etc.). — 1767-68. [Chap. 34.] 



House Jour- 
nal, pp. 43, 48, 
49. Province 
Laws, xvil., 
269, chap. 104. 



Land with a House and Barn & considerable improvements thereon; 
for which he is in debt about forty pounds to M^ Timothy Barrett 
of said Paxton for securing whereof he hath mortgaged the said 
Estate. That the said Esther hath had set off to her as her part 
of her Fathers Estate twenty two acres of Land, valued at Forty 
pounds, but which would Rent for no more than twenty six shil- 
lings & 8*^ (^ Annum and lyeth at a distance from the Land of the 
said Sharp. And praying that they may be impowered to sell the 
said 23 Acres in order to discharge the forementioned Mortgage. 

Read and 

Resolved That the prayer of this Petition be granted ; and the said 
Sharp and Esther are hereby impowered by and with the consent 
and under the direction of the Guardians of the Hassanamisco 
Indians to sell the aforementioned twenty two Acres of Land, the 
said Esther's third or share in her Father's Estate for the most the 
same will fetch, and make and Execute a good & sufficient deed or 
deeds thereof; Always provided the proceeds thereof shall be applied 
to the disharging of the Mortgage mentioned in this Petition, and 
the overplus, if any be, shall remain in the hands of the said Guar- 
dians for the benefit of the said Sharp and Esther: Provided also 
that when the said Mortgage shall be discharged, the said Sharp 
shall, and he hereby is impowered to execute a deed of Release to 
the said Guardians of the Land whereon he now dwells in Paxton 
in trust for the benefit of said Esther, and the Heirs of the said 
Esther after the decease of the said Sharp. [Passed June 13. 



CHAPTER 34. 



RESOLVE IMPOWERING ROW HAYDEN AND ELIZABETH HIS WIFE, 
GUARDIANS, TO SELL REAL ESTATE AND MAKING PROVISION IN 
REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 50. 

House Jour- 
nal, pp. 39, 49. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Robert Hayden of Braintree & Elizabeth his Wife 
as she is Guardian of her daughter by a former husband Elizabeth 
French a Minor under six years of age Setting forth That the 
said Minor with other Heirs was interested in the Estate of her 
Grandfather Benj^ French late of Braintree dec*^ that upon the divi- 
sion of said Estate so much more than the Minors share was assigned 
to her by the Judge of Probate, as that she is ordered to pay the 
other Heirs for owelty of Partition the Sum of Sixty six pounds. 
That the said Minor owns about 3% Acres of Land in Braintree, 
which came to her from her father, and will sell for near enough 
to pay said sum & will be much more convenient to be Sold than 
any part of the Estate which came from the Grandfather. And pray- 
ing, by advice of the Judge of Probate, that they may be enabled 
to make Sale of the said 3% Acres of Land for the Sole use and 
benefit of the s^ Minor the proceeds to be api^lied as aforesaid. 

[Read and] 

Resolved that Robert Hayden and Elizabeth his Wife Guardians 
to Elizabeth French a Minor, be, and hereby are impowered to 
make Sale of the three Acres & three quarters of Land in Braintree 
belonging to said Minor mentioned in their Petition, and to make 
and execute a good deed or deeds of sale thereof to the purchaser 
or purchasers, they attending the directions of the Law for the Sale 
of Real Estates and give caution to the Judge of Probate for the 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 243 

County of Suffolk that the proceeds of the said Sale, so much 
thereof as may be necessary, be employed for payment of the Leg- 
acies mentioned in the Petition ; and the overplus if any be, to be 
used for the benefit of the said Minor. [Passed June 13. 



CHAPTER 35. 

RESOLVE ALLOWING £9. 1. 2 TO SAMUEL BROWN. 

A Petition of Samuel Brown of Stockbridge Setting forth That Legislative 
in the year 1753 by virtue of a Warrant from Joseph Dwight & David councif,** 
Ingersoll Esq" he, as Deputy Sheriff of the County of Hampshire Mal"''^^' 
went in quest of certain Rioters who at Tauconick had destroyed Archives, vi., 

the House and Cornfields of Josiah Loomis, and taking proper -^ 

assistance with him as he was ordered, did then and there appro- na^pV-^M^. 
hend the Bodies of Robert Vandusen and John Vandusen, & them Laws'^xv*"^ 
did commit to the Goal in Springfield, soon after which they were chap. 107. ' 
bailed, but not appearing their Bonds were forfeited ; yet for certain 
Reasons, the Governor gave Orders for suspending the suing of said 
Bonds by which means he hath not been paid the charge he was at 
for himself and assistants; And praying an allowance. 

[Read and] 

Resolvd that the Prayer of the Petition of Samuel Brown be 
granted & that the Sum of Nine pounds one shilling & two pence 
be paid to him out of the jDublick Treasury for his own time & 
Expence & to enable him to pay the Assistants mentioned in the 
Petition. [Passed June IS. 



CHAPTER 36. 

RESOLVE IMPOWERING REV ELI FORBES TO CLOTHE AND EDUCATE 
THREE INDIAN CHILDREN. 

Resolved that Rev*^ Eli Forbes of Brookfield be and he hereby is Legislative 
Impowered and Directed to procure three Indian Children of the councff °**^* 
Six nations viz Two males and one female and bring them to his xxvu., 51. 
Dwelling house in Brookfield to be Instructed in the English Lan- Archives, 
gwage Reading writing and the way of Civil life and Especially in xxxm., 424. 
the Knowledge & practice of Christianity the Expence whereof to Archives 
be paid out of the Intrest of the Donation of the Late S"" Peter xxxiii.,4'23. 
Warren Decs*^ for that purpose and the said M'^ Forbes Shall pro- naTpp^49r50- 
cure the Said Children Cloathing and Bring them to Brookfield £awi"^|i' ^ 
upon as easy and frugal Terms as he reasonably Can and after they chap.'i28. '' 
shall arrive that he shall Cloath, Support and Instruct them as 
afores*^ at the Rate of Ten shillings ^ week for Each Child the first 
year and that he Keep a fair account of His Expences In procuring 
Cloathing, and Supporting & Instructing Said Children which shall 
within one Year be laid before this Court and [that] ' the Province 
treasurer be and he is hereby Directed to pay out of the Said Intrest 
to the Said M' Eli Forbes the Sum of Forty pounds In advance for 
the purposes afores"^ he the Said M' Forbes to be accountable for 
the same. [Passed June 13. 

' Inserted from Legislative Records of the Council, xxvii., 52. 



244 



Province Laws {Resolves, etc.). — 1767-(i8. [Chaps. 37-311.] 



CHAPTER 37. 



RESOLVE GRANTING TO TILLEY RICE LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, 
xxvU., 53. 
Mass. 

Archives, cxi., 
558. 

Mass. 

Archives, cxi., 
5.57. House 
Journal, 
pp. 41, 47, 51. 



A Petition of Timothy Dwight Esq'' in behalf of M' Tilley 
Rice Setting forth That the said Tilley Rice is removed from 
keeping a House of public Entertainment at Springfield to the 
House where Cap' Buckminster had for many years kept a Tavern 
in Brookfield. That said House is a very convenient Stage for Trav- 
ellers, lying at the parting of two great Roads; that the Court of 
Sessions for granting Licenses in the County of Worcester will not 
sit till the third Tuesday in August next. And praying that this Court 
would impower him to carry on the said business in the mean time. 

Read & 

Resolved that the prayer of the petition be granted & that the 
within named Tilly Rice be & hereby is Licensed to keep a House 
of publick entertainment in Brookfield in the House where he now 
lives until the Next Term for granting Licenses in the County of 
Worcester he first obtaining the approbation of the Select men of 
the S** Town of Brookfield and Recognizing before two Justices 
of the peace in S"^ County Quorum Unus in the Sum of Ten pounds 
to keep good rule & order in his House. \^Passed June 15. 



CHAPTER 38. 



ORDER ALLOWING PELEG WISWALL FURTHER TIME TO RETURN A 
PLAN OF LAND GRANTED HIM. 



Legislative 
Records of the 
Council, 
xxvii., 56. 

House Jour- 
nal, P11. 44, 55. 
Ante, p. 45, 
chap. 86. 



A Petition of Peleg Wiswall of Boston setting forth That on 
the 5* of June 1765 ' the Great and General Court made him a 
Grant of 500 Acres of the unappropriated Lands of the Province, 
He to return a plan thereof in twelve months; But that by reason 
of his great age and infirmities he hath omitted laying out the said 
Land. And praying for further time. 

Read and 

Ordered That the Petitioner be allowed the further time of twelve 
months from this time to return the Plan mentioned in the Peti- 
tion. \_Passed June 16. 



CHAPTER 39. 



RESOLVE CONFIRMING THE PROCEEDINGS AT THE TOWN MEETING IN 

BERKLEY. 



Legislative 
Records of the 
Council, 
xxvii., 56. 

House Jour- 
nal, pp. 39, 57. 



A Petition of the Selectmen of Berkley setting forth That in 
the month of March last the Town met and chose the several Town 
Officers by Law required, who accordingly qualified themselves and 
entered upon their respective Offices. That the Warrant for calling 
said meeting tho' signed by three Selectmen yet had but one Seal, 
whereupon a doubt has arisen respecting the legality of said Meet- 

I See House Journal, p. 28 (1765) , but the grant was for 400 acres. — Ante, p. 4o, chap. 86. 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 245 

ing. And praying the intervention of this Court for establishing the 
same. 

Read & 

Resolved That the Orders or Warrant mentioned in this Petition, 
and all the transactions of the Town Meeting thereon, had ought 
to be accounted and adjudged good and valid in Law, any supposed 
defect therein for want of sealing notwithstanding. \^Passed June 16. 



CHAPTEK 40. 

RESOLVE IMPOWERING HENRY AND RUTH STILES, GUARDIANS, TO 
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Ruth Stiles of Hatfield Guardian to her two Sons Legislative 
Oliver Kellogg and Russell Kellogg Minors Setting forth That ^^Xfi^«*"'® 
some years since John Kellogg of Hatfield deceased by his last Will xxvii., 57. 
devised to the said Minors certain Lands which will not come into Mass. 
their Improvement till they arrive to the age of 21 years. That the 771? House""^*' 
said Russell Kellogg is very solicitous to obtain a Liberal Education, Journal, pp. 12, 
and hath already made a considerable proficiency in Learning. And 
having no other means to support the Charge, Praying that this 
Court would impower some suitable person to make Sale of so much 
of the said Lands as shall be requisite for the purpose aforesaid. 

[Read and] 

Resolved That Henry Stiles and Ruth Stiles Guardians to Oliver 
Kellogg and Russel Kellogg Minors be, and they are hereby impow- 
ered to make sale of so much of tlie Real Estate belonging to the 
said Minors as shall amount to a Sum not exceeding One hundred 
pounds and to make and execute a good deed or deeds of the same 
to the purchaser, or purchasers, they the said Henry and Ruth giv- 
ing Bond to the Judge of Probate for the County of Hampshire that 
the proceeds of said Sale be employed for the use and benefit of the 
said Minors. \^Passed June 16. 



CHAPTER 41. 

RESOLVE MAKING PROVISION FOR 27 RECRUITS OF THE 14™ REGIMENT. 

His Excellency the Governor having by a Message of the Legislative 
28 May last acquainted the House of the arrival of Twenty seven counc*if, *"* *^^ 
Recruits under the command of Ensign Dalrymple of his majesty's xxvii., 57. 
1-4"^ Regiment of Foot now at Halifax, and having desired that the Legislative 
House would take Order that proper Provision might be made for counc'if,*'**^^ 
them. xxvii., s. 

Resolved That such provision be made for these Men while they nai, p. 56. 
remain here, as has been heretofore usually made for his majesty's 
Regular Troops when occasionally in this Province, and that the 
Commissary General be, and he hereby is directed to see that this 
Resolve be put in execution. \^Passed June 16. 



246 



Province Laws {Besolves, etc.). — 1767-68. [Chaps. 42-44.] 



Legislative 
Records of the 
Council, 
xxvii., 103. 

House Jour- 
nal, pp.10, 13, 

25. 



CHAPTER 42. 

RESOLVE ALLOWING 27/ TO SAMi- DENNY. 

A Petition of Samuel Denny of Leicester Setting forth That 
he was recognized to appear at the Superior Court at Taunton in 
1765 as a Witness in the case of one Henry Grossman then a Prisoner 
in Taunton Goal for Theft, who was found guilty and afterwards 
pardoned. That the Petitioners place of aboad is seventy miles from 
Taunton and that he hath received nothing for his Travel & attend- 
ance. And praying an Allowance. 

[Read and] 

Resolved that the Sum of twenty seven shillings be allowed & paid 
out of the public Treasury, to Gap"- John Brown for the use of the 
Petitioner in full for his Travel and attendance as within mentioned. 
\^Passed June 16. 



Legislative 
Records of the 
Council, 
xxvii., 58. 

House Jour- 
nal, pp. 49, 57. 



CHAPTER 43. 

RESOLVE IMPOWERING SAMUEL AND JOHN DUTCH TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Samuel Dutch and John Dutch both of Dan- 
vers Setting forth, That their Father Samuel Dutch died in the 
year 1752 leaving four Ghildren, two of which are daughters & 
minors, That their Fathers whole Estate, except Household Goods 
consisted of a Dwelling house, a Saw mill, Grist mill and about 
twenty acres of Laud all lying in Ipswich: That in March last the 
Grist Mill fell down & is iutirely destroyed. That the Saw Mill and 
dwelling house are so gone to decay that there is little like to be 
left besides the Land when the youngest daughter shall come of 
age. And praying that they may be impowered to make Sale of the 
said Estate for the use and benefit of the Heirs. 

[Read and] 

Resolved That Samuel Dutch and John Dutch of Danvers be, & 
they are hereby impowered to make Sale of the Dwelling House, 
Saw Mill and Grist Mill and twenty Acres of Land lying in Ipswich 
which belonged to their Father Samuel Dutch deceased for the most 
the same will fetch, and to make and execute a good deed or deeds 
of the same to the purchaser or purchasers, they giving Bond to the 
Judge of Probate for the County of Essex that the produce of said 
Sale, so much thereof as by Law belongs to their Sisters Mary & 
Mehitabel, Minors, be put out on Interest, and tliat the said Samuel 
and John pay the same to them when they come of age or time of 
Marriage. {^Passed June 17. 



Legislative 
Records of the 
Council, 
xxvii., 59. 
Mass. 
Archives, 
xxxiii., 425. 

House Jour- 
nal, pp. 56, 59. 
Province 
Laws, xvii., 
360, chap. 305. 



CHAPTER 44. 

VOTE CHOOSING A GUARDIAN FOR THE PUNCAPOG INDIANS. 

The TWO Houses according to Agreement proceeded to the Choice 
of a Person to be Guardian of the Puncapaug Indians, in the room 
of Joseph Billings who desired to be excused from that Service And 
the Votes being collected & sorted, it appeared that Jonathan Capen 
was chosen by a great Majority. \_Passed June 17. 



[IsT Sess.] Province Laws (Hesolves, etc.) . — 1767-68. 247 



CHAPTER 45. 

RESOLVE ALLOWING £4 ANNUALLY FOR FOUR YEARS TO W" COVELL. 

A Petition of William Covel of "Wellfleet in the County of Barn- Legislative 
stable Setting forth That he hath been five times in his Majesty's c^nclr,*''*''® 
Service and contracted such a lameness therein, that he is become xxvii., 60. 
incapable of getting a livelihood; that his only Son did also serve Mass. 
thro' four or five Campaigns, but is now dead, and the Petitioner ixxxjeii. 
being upwards of sixty three years of age, is destitute of Relations j^ai^ppfa^^^g 
to help him. And praying for Relief from this Court. eo. ' 

[Read and] 

Resolved That there be paid out of the public Treasury to the 
Selectmen of Welfleet the Sum of four pounds annually for the 
space of four years by them to be employed for the support of Wil- 
liam Covel a person wounded in the Province service and now a 
cripple; said Grant to cease at the death of said Covel in case it 
should happen before said four years be expired. \_Passed June 17. 



CHAPTER 46. 

RESOLVE ALLOWING £40. 1. 8 TO W^ THAYER. 

A Petition of AVilliam Thayer of Mendon setting forth That Legislative 
he being Captain of a foot Company in Mendon, was, pursuant to councu^ °* ^'^^ 
two Acts of this Government made in 1758 & 1759 obliged to fur- fials**'^^' 
nish out of his Company a certain Quota of Men, for which purpose Archives, 

the Government granted a Bounty and made provision that in case ^''^^^'' ^^' 

the Men did not inlist by a certain time they should be impressed. Archives, 
and made further provision that a Sum not exceeding £13.6.8 <© ixxx., 64i. 

JclousG Jour* 

man should be employed in behalf of the people called Quakers to nai,pp.57,59. 
hire their proportion of Men in case there should not be enough La^sl^iv., 159, 
raised by inlistment: That the Petitioner, finding the Province f^o^-^' ^oi' 
Bounty insufficient to engage the Men, advised with other Officers ; ' 
and thereupon proj)osed to his Company to contribute a Sum in 
addition thereto in order to obtain the Men by inlistment, who 
readily agreed to it; and one George Aldrich agreed the same in 
behalf of the Quakers, and so the Men were inlisted : Yet the Quakers 
afterwards refused to pay anything because the men were inlisted 
and not impressed ; whereupon a Suit has been commenced, and the 
Petitioner adjudged to pay damages and Costs. And praying relief. 

Read & 

Resolvd that the Sum of forty pounds One shilling & Eight pence 
be paid out of the publick Treasury to the Petitioner William Thayer 
in full Consideration for the Expence & trouble he has been put to, 
by means of the Suit brot against him as mentiond in his Petition. 
[Passed June 17. 



248 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 47, 48.] 



CHAPTER 47. 



RESOLVE IMPOWERING TIMOTHY WOODBRIDGE TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvil., 67. 

House Jour- 
nal, pp. 33, 47, 
62, 63. 



A Petition of Timothy Woodbridge of Hatfield Clerk Setting 
forth That Col° Joshua Lamb late of Roxbury deceased by his 
last Will and Testament, among other things devised to the Peti- 
tioner during his life, and at his decease to the Petitioners Son 
Joshua Lamb Woodbridge a Minor, and in want of issue to the 
last mentioned person, to be to the Petitioner and his Heirs, a cer- 
tain Tract of Land lying in Roxbury a little West of the Meeting 
House containing about ten Aces. And inasmuch as the said Land 
is very unprofitable, and as the Petitioner has an opportunity to 
purchase Lands of three times the value with the money it would 
produce ; Praying that he may be impowered to make sale of the 
said ten Acres and vest the produce in other Lands. 

[Read and] 

Resolved That the Petitioner Timothy Woodbridge be and hereby 
is impowered to make Sale of the Land mentioned in his Petition, 
and to make and execute a good deed or deeds of the same to the 
purchaser or purchasers, & that the money arising by the said Sale 
to be laid out in Lands, and the Lands so bought shall be »& remain 
to the same Uses, and no other, than those to Avhich the said Land 
hereby ordered to be sold were settled & disposed by virtue of the 
last Will and Testament of Joshua Lamb deceased mentioned in 
the Petition. And that the Petitioner give Bond to the Judge of 
Probate for the County of Hampshire that the said money be so 
applied. \_Passed June 18. 



CHAPTER 48. 

RESOLVE DIRECTING JOSEPH HAWLEY TO MAKE REPORT FOR A CER^ 

TAIN COMMITTEE. 



Legislative 
Records of the 
Council, 
xxvli., 68. 

House Jour- 
nal, pp. 44, 58, 
59. Province 
Laws, XV., 314, 
chap. 365. 



The FOLLOWING Resolve passed on the petition of David Inger- 
soU of Great Barrington, in regard to the purchase of a tract of 
land from a committee of the General Court, two of whom died 
before the committee made report ' 

Whereas Joseph Dwight, Joseph Hawley & John Choate Esq" 
were in the month of April 1755 appointed a Committee to make 
Sale of the Right, Title and Estate of this Province for all the 
Lands West of Sheffield and Stockbridge, and to make Report to 
the General Court at the then next Session of their doings thereon. 
And it doth not appear that said Committee have as yet made any 
Report; and the said Joseph Dwight and John Choate Esq" two 
of said Committee being now deceased Therefore 

Resolved That Joseph Hawley Esq'' the sole survivor of said Com- 
mittee be and he hereby is directed to make Report to this Court 
as soon as may be of the doings of the Committee aforesaid. \^Passed 
June 18. 

' See Legislative Records of the Council, xxvii., 68, and the House Journal, p. 44. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1767-68. 249 



CHAPTER 49. 

RESOLVE REMITTING TO THE TOWN OF HOPKINTON £9 FINE FOR NOT 
SENDING A REPRESENTATIVE. 

A Petition of Joseph Mellen Agent for the Town of Hopkinton Legislative 
Praying tliat in consideration of their poverty, and the Expence councif *^* '^^ 
they have hitely been at in supporting their poor, in repairing their xxvii., 69. 
meeting house and in building a School House, a Fine of Nine pounds House Jour- 
laid upon them the last year for not sending a Representative may ^t'^roli^e 
be remitted them. ^^u^.X^'d^' 

cnap. t), •sTii, 

[Kead and J note. 

Resolved That there be allowed and paid out of the public Treas- 
ury to Joseph Mellen Agent for the Town of Hopkinton the Sum 
of Nine pounds, the said Town being fined that Sum for not send- 
ing a Representative to the General Court the least year. \_Passed 
June 18. 



CHAPTER 50. 

ORDER ACCEPTING REPORT OF THE COMMITTEE ON NEW HAMPSHIRE 
LINE AND DIRECTING THEM TO SEND FOR TESTIMONY IN REGARD 
TO THE RUNNING THEREOF. 

The Committee appointed to take into consideration M' Jack- fe^sisiative 

Ti, f ,^ -.^^oT 1, T • ,ji IV ' r.TiT Eecords of the 

sons Letter or the "21°- oi January last relating to the anair of JNew council, 
Hampshire Line, and to prepare Instructions to M'' De Berdt rela- MalsV' ^^* 
tive thereto, report That having fully examined the evidence relat- ^^^^^^^'^-^ 

ing to this Province proceeding in the settling of the said Line no ' '. 

evidence appears that application has been made to Walter Bryant Records of the 
Esq'' who ran that Line in 1741 to give his Testimony relative thereto, 472^498 -/xxvu.' 
which to your Committee appears necessary to be had, as also an 9.25. House 
evidence from Cap' Gowing who was concerned in that affair in Ante,-p.'-m, 
behalf of this Province; and your Committee is humbly of opinion, chap. 204. 
that it is of so great consequence that an Express be sent as soon 
as may be in order to procure the Testimonies aforesaid. 

All which is submitted Benj^ Lincoln ^ Order 

Read & accepted & 

Orderd that the said Com* be directed forthwith to send an Ex- 
press with proper Directions to some suitable person for the pur- 
poses mentiond. \_Passed June 18. 



CHAPTER 51. 

RESOLVE ALLOWING £11. 3 TO THE DISTRICT OF EGREMONT. 

A Petition of Timothy Kellogg, Samuel Colver and Ephraim Legislative 
Eitch Selectmen of Egremont Setting forth That the said District counctr**^^ 
lyes adjoining to Nobletown claimed by New York ; and as the Line ^,^^"- "^3- 
between the two Governments is unsettled, sundry Inhabitants of Archives, vi., 

Egremont have suffered in the late disturbances in those parts, and ^^^- . 

the whole Town kept in Alarm for the space of six Weeks, whereby Archives vi 



250 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 52, 53.] 



340. House 
Journal, pp. 15, 
66. Ante, 
p. 216, chap. 
222; p. 238, 
chap. 25. 



Legislative 
Records of the 
Council, 
xxvli., 34, 74. 

Legislative 
Records of the 
Council, xxvi., 
383; xxvil., 60. 
House Jour- 
nal, pp. 33, 48, 
60, 66. Ante^ 
p. 218, chap. 
224. 



they have been greatly hurt in their Crops: That they have been 
the last year engaged in building a meeting house; besides which 
they have been obliged to furnish their Friends & neighbours at 
Nobletown with necessaries in the time of their distress. And pray- 
ing an allowance of their Account for the articles last mentioned, 
and an abatement of their Province Tax in consideration of their 
own sufferings. 

Read & 

Resolvd that there be allowd & paid out of the publick Treasury 
the Sum of Eleven pounds three Shillings to M"' Ephriam Fitch for 
the Use of the District of Egremont in full Discharge of the Ac- 
count given in to this Court by the Selectmen of Egremont aforesaid. 
{^Passed June 19. 



CHAPTER 52. 

ORDER IMPOWERING SAM^- WHITE TO DEFEND HIMSELF AGAINST AN 

ACTION. 

A Petition of Samuel White of Dedham praying that he may 
be allowed to appear and defend an Action commenced against him 
by David Fisher, his default notwithstanding. 

Read And 

Ordered that the Petitioner have liberty to defend himself against 
the Action in said Petition mentioned at the next Inferior Court 
of Common pleas to be held at Boston within and for the County 
of Suffolk on the second Tuesday of July next; and that the Jus- 
tices of said Court be impowered to receive and admit the Petitioners 
pleas and give Judgment thereon accordingly, the default mentioned 
in said Petition notwithstanding. Provided the Petitioner give suffi- 
cient security to the Sheriff of the County of Suffolk to pay such 
Sum or Sums of Money as shall finally be recovered against him, 
and that the said Samuel White Serve the said David Fisher with a 
Copy of this Order fourteen days before the sitting of said Court. 
\_Passed June 19. 



CHAPTER 53. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE- 
SEX COUNTY. 



Legislative 
Records of the 
Council, 
xxvii., 76. 

House Jour- 
nal, pp. 9, 56. 



An Account of James Russell Esq'' Treasurer of the County of 
Middlesex being laid before the Court for allowance, the following 
Order passed thereon viz' 

Resolved That the within Account being right cast and well 
vouched, be allowed : And that the Treasurer be discharged of the 
Sum of Five hundred and ninety seven pounds, six shillings and 
11*^% which he has paid by order of the Court of Sessions, and that 
he be further accountable for the Sum of Seventy eight pounds, 
seventeen shillings and five pence one farthing a balance still due 
to the County. \^Passed June 19. 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 251 



CHAPTEK 54. 

KESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

An Account of Joshua Henshaw Esq'' Treasurer of the County Legislative 
of Suffolk was laid before the Court for allowance whereupon the couucif, °* ^''^ 
following Order passed viz' x^v\\.,ii. 

Resolved That the within Account, being right cast and well House Jour- 
vouched be allowed; and that the Treasurer be discharged of the 63.*^^' ' ' 
Sum of Sixteen hundred and sixty nine pounds, eighteen shillings 
3^4 which he has paid by order of the Court of Sessions, and that 
there is due to said Treasurer from the County two hundred eigh- 
teen pounds, eighteen shillings and three pence % and that there 
is out standing in Taxes yet unpaid the Sum of Sixteen hundred 
and ninety two pounds, fourteen shillings and eleven pence, for 
which the said Treasurer is further accountable when he shall re- 
ceive the same. \^Passed June 20. 



CHAPTEK 5b. 

RESOLVE IMPOWERING SETH HAMBLEN, EXECUTOR, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Seth Hamblen Executor of the last Will and Tes- Legislative 
tament of Southward Hamblen late of Barnstable deceased Setting counc*if ^'^ ^'^^ 
forth That the deceaseds personal Estate is insufficient to pay his xxvii., k. 
Just debtfe which amount to £102.1 more than his said Estate. And Legislative 
praying that he may be impowered to sell of the deceaseds Keal councif, xxvif, 
Estate to the amount and for the purpose aforesaid. jo^urnafp^p 59 

[Eead and] 67,68.' Prov- ' 

Resolved That Seth Hamblen of Barnstable sole Executor to the u.^i5i,^chap.io. 
last Will and Testament of Southward Hamblen deceased be, and 
he is hereby impowered to make Sale of so much of said deceaseds 
Eeal Estate as will amount to One hundred and two pounds one 
shilling and cost of Sale, and make and execute a good deed or deeds 
to the purchaser or purchasers thereof ; He attending the directions 
of the Law respecting the sale of Real Estates by Executors & Ad- 
ministrators; He first giving Bond to the Judge of Probate for the 
County of Barnstable that the proceeds of said Sale shall be applied 
to the discharge of the just debts of the said Southward Hamblen. 
{^Passed June 20, 



CHAPTER 56. 

ORDER OF NOTICE WITH STAY OF ALL PROCEEDINGS ON THE PETI- 
TION OF JNo NORTON IN REGARD TO CONFIRMATION OF LAND PUR- 
CHASE. 

A Petition of John Norton Esq' of Edgartown Agent for the Legislative 
Proprietors of the Island of Chapaquidic within the said Town- counSf, ''^ ***® 
ship Setting forth That their Ancestors purchased the said Island xxvii., si. 



252 Province Laws (JSeso^ves, eic). — 1767-68. [Chap. 57.] 

Mass. of the Indian Natives, that the Lands thereon together with other 

cxviiiv^^^- Lands were confirmed to them by the Royal Charter, that they were 
M^. ^Iso confirmed to them by Francis Lovelace Governor of New York, 

■^^'11^^292 ^^^ after they were annexed to this Province, were confirmed by an 
House'jour- Act or Law of this Province, all which confirmations were made 
Provmce"'^^' according to their Grants or Letters Patent. That several petitions 
chaT'i9J"403^' ^^^^® ^^ ^^^® years been preferred to the General Court by the pro- 
chap! 53; '542,' prietors to have the said Lands set off to the purchasers, which have 
chap. 76. \)QQii referred to a Committee who have agreed to report, which Re- 

l^ort they pray may not be accepted till the Proprietors have had 
a hearing tliereon. And further praying that the Lands purchased 
of the Lidians may be confirmed to the Proprietors, they paying 
their proportionable part of the purchase money, and that this 
Court would interpose for the welfare of the said propriety. 
Read & 

Orderd that the Proprietors of the said Island both English & 
Indian be notifyd of this Petition by the Petitioner, by serving them 
with a Copy of the same to shew Cause on the second Thursday of 
the next Session of this Court why the Prayer should not be granted 
& that in the mean time all Proceedings in the General Court & 
at the Common Law Courts relative to Chappoquideck be stayd. 
{Passed June 20. 



CHAPTEK 57. 

RESOLVE IN REGARD TO THE PROVINCE HOSPITAL AT WEST PART OF 

BOSTON. 

Legislative Whereas a good & Convenient House hath been provided at the 

councif,*' Charge of the Province at the West part of Boston for the Recep- 
Mal"''^^' tiou of such persons as shall be Visited with Contagious Sickness, 
ArciuYes, _ which was Suppos'd & intended to be put under the Care and Reg- 
ixxxvu.,3.2. ^^i^^Jqjj Qf ^jjg Select Men of the Town of Boston, in the same way 
miT^^e:'.^^' & manner as the Hospitall at Rainsford Island is by Law under 
P^ovmce ^^ \\\q\x Care and Management, and whereas the Select Men of said 
chap. 8.'* ' Town have ever since acted agreeable thereunto which in Conse- 
quence of their Care under Providence hath at sundry Times been 
the means of preventing the Small Pox spreading in said Town, & 
thereby of preventing spreading the same into the Country Towns 
which would have been of fatal Consequence, & whereas the power 
of said Select Men relative thereto hath of late been Call'd in ques- 
tion, Therefore 

Resolved that the Select Men of said Town for the Time being 
be & hereby are vested with the same power Right & Authority 
with Respect to said Province Hospitall in said West part of Bos- 
ton as by Law they are Vested with, with Respect to the Hospitall 
on Rainsford Island till the further order of this Court. \^Passed 
June 20. 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 253 



CHAPTER 58. 

RESOLVE ALLOWING £250 TO THE COMMISSARIES FOR SETTLING THE 
LINE WITH NEW YORK. 

This Court having at their sessions in March last made choice Legislative 
of the Hon"'"^ Thomas Hutchinson Esq., The Hon William Brattle S.clr**^* 
Esq' and Edward Sheaf Esq', Commissarys, to Settle the Line xxvu., ^3. 
between this Province & that of New York, in conjunction with Archives, vi., 
such as may be Chosen by the Government of New York ^^ 

Resolved that there be paid to the Said Commissarys, out of the na°"p^69*^' 
Publick Treasury the Sjim of Two hundred *& fifty pounds, to enable in<e,p. -in, 
them to discharge the Important Trust, to which they are Appointed, '^^^^' '^^^" 
They, upon their return to be accountable for the Same. \^Passed 
June 20. 



CHAPTER 59. 

ORDER ACCEPTING AND CONFIRMING A PLAN OF THE BOUNDARY LINES 
OF BIDEFORD, SCARBORO' AND FALMOUTH. 

Whereas there was a Plan taken of several Townships by John Legislative 
Brown Esq"' Surveyor by order of a Committee of this Court in 1763 counclf ''^ *^^ 
viz*^ of Narraganset N° 1, Pearsontown N° 7, with the Lines of Bide- xxvii., 83. 
ford, Scarborough and Falmouth as run by said Committee, which Maps and 
Plan is mislaid or lost; & an Order thereupon passed this Court in xiv., 6. House 
their present Session, that the said John Brown take an exact Plan ^°^^^' ^^'' ^*' 
of said Townships, and running said Lines of said Bideford, Scar- Proyince 
borough and Falmouth from his Field Book or Journal, and make i47rchaV.345; 
Oath to the same; in consequence of which Order of Court the said ^^nte^vfi^^' 
John Brown hath returned the within Plan, by which Plan it appears i^iiap'. 3. 
that the Boundary or Head Lines between the Towns of Falmouth 
& Scarborough, Bideford and the Plantation called Narraganset N° 1 
& N° 7, called Gorhamtown are as followeth Begining at a maple 
tree standing fifteen Rods below Inkhorn brook, and from thence 
runs South 23'^ 30 M East 2 Miles & 226 Rods to a Spruce marked, 
which stands in the dividing Line between Falmouth & Scarborough ; 
from thence South 63 degrees West 915 Rods to a large Hemlock 
standing in the Line between Narraganset N° 1 & N° 7 called Gorham- 
town ; from thence South 63 degrees West as aforesaid 430 poles to 
a Beach Tree which stands in the dividing Line between Scarbor- 
ough and Bideford; and from thence Southwest 1,210 Rods to a 
maple tree standing near or on the Banks of Saco River. 

Ordered That the said Plan be accepted in lieu of the first men- 
tioned Plan; and it is hereby declared, that it shall have the same 
force and effect as the first mentioned Plan ever had or could have 
had to all intents and purposes whatsoever. [^Passed June 22. 



254 Province Laws (JResolves, etc.). — 1767-68. [Chaps. 60, 61.] 



CHAPTER 60. 

ORDER REFERRING THE PETITIONS OF W" KELLOGG IN REGARD TO 
LOSSES OF INHABITANTS OF NOBLETOWN. 

Recordsof the ^ PETITION of William Kellogg Agent for the plantation called 
Council, _ Nobletown Setting forth That in the late disturbances at said place 
Mass."' ''^' ^' the Inhabitants suffered to the amount of about Two thousand pounds 
Archives, vi., lawful money, besides other injuries and abuses committed by the 

rr- people of New York, for redress whereof they have applied to the 

Archives, vi., Governor of New York, but witliout effect. And praying the inter- 
tfve R^cord^of positiou of this Court for their Eelief. • 

the Council, The Committee on the Petition of William Kellogg Agent for 

HouseJo'ur-" tlie Inhabitants of Nobletown reported That the said William 

efVi.^'^nfe' li'ith laid before this Committee sundry Accounts of losses sus- 

p-'i9«. chap.' tained by the said Inhabitants in the year 1766 as mentioned in 

cha'p!'5i;p'.253. Said petition amounting in the whole to the Sum of Two thousand 

chap. 58. ^^^Q hundred & tliirty one pounds, sixteen shillings of the currency 

of New York; a List of wliich Accounts is hereto annexed, and all 

of them except three Sworn to by the sufferers themselves as to 

part of their losses and the residue of their losses apprized and 

certified by persons under Oath supposed to be indifferent. 

Yet inasmuch as the losses aforesaid have been occasioned by dis- 
putes relative to the dividing Line between this Province and the 
Province of New York and as Commissaries are now appointed by 
both Provinces to .settle and determine the same: The Committee 
are humbly of opinion that this Petition, and the other Petitions 
of the said Inhabitants, by the said William Kellogg and others 
their Committee, and the Petition of William Beavins and the 
further consideration thereof be referred to the next sitting of this 
Court. And that in the meantime Copies of these Petitions be made 
out to the Commissaries aforesaid on the part of this Province, that 
they may make any use thereof or motion thereon which they may 
think proper in behalf of said Petitioners to the Commissaries on 
the part of New York at the expected Interview between them. 
Signed John Worthington ^ Order 

Read and Accepted : And 

Ordered That the Petitions therein mentioned be referred to the 
next Sitting of this Court accordingly: and that the Commissaries 
appointed in behalf of this Government to settle the Line with New 
York be furnished with Copies of the said Petitions that they make 
any Use thereof or Motion thereon which they may think proper 
(in behalf of the said Petitioners) to the Comissaries on the part 
of New York at the expected Interview between them. [Passed 
June 22. 



CHAPTER 61. 

RESOLVE IMPOWERING JOS: WILLIAMS, ESQ«, AND OTHERS, TO SELL 
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

legislative A PETITION of Joseph Williams Esq' of Roxbury in behalf of 

Coupon, the Feoffees in trust for the management of the Free School at 

xxvii., 86. ^j^Q Easterly part of said Town Setting forth That there are about 



[1st Sess.] Province Laws (i?e.s'o?ves, ete.). — 17G7-G8. 255 

ten Acres of Land belonging to said School at a place called Pond Archives 
Hill in Eoxbury, which lyes remote from any Road and cannot be iviii.. 569.' 
come at, but by sufferance, by reason whereof the Income of said House Jour- 
Land is and must bo inadequate to the Sum they can now sell it ProvSw*^' "^' 
for. And i)raying that they may be impowered to make Sale of said ^if^T/ nJ '"' ^^' 
ten Acres of Land ; the monies tliereby arising to be improved at 
interest until there shall bo oj'fportunity to vest it in other Lands. 

[Read and] 

ResoU'ed that Eleazer Williams »& Joseph Williams. Esquires 
Mess" Samuel Gridley Daniel Williams Samuel Sumner John Wil- 
liams & John Mears Jun"" Gent Feoffees in Trust for the Manag- 
ment of the free School in the easterly Part of said Town of 
Roxbury be and hereby are authorized & impowered to make Sale 
of the Lands in the Petition mentioned for the Most the Same will 
fetch & to give & Execute A good & Sufficient Deed or Deeds 
Thereof to the Purchaser or Purchasers they Giving Bond to the 
Town Treasurer of Roxbury and his Successor in said Officee * that 
the money arising by said Sale Be put on Interest & the Interest 
from Time to Time be applied to & for the Benefit of said Schooll 
untill the s"^ Feoffees or Their Successors in Trust may have Opper- 
tunity of purchasing other real Estate (with The principal arising by 
s*^ Sale) more to the Advantage of said School which the s*^ Feoffees 
are Hereby authorized & impowered to do. \_Passed June 22. 



CHAPTEE 62. 

RESOLVE ACCEPTING REPORT OF THE COMMITTEE ON THE PROVINCE 
TREASURER'S GENERAL ACCOUNT FROM MAY 28, 1766, TO MAY 27, 17S7, 
AND DISCHARGING HIM OF £289,560. 9. 8. 

The Committee to whom was referred the examination of the Legislative 
Accounts of Harrison Gray Esq"" Treasurer & Receiver General of counS°**^^ 
his Majesty's Revenues within this Province of the Massachusetts xxvii., ss. 
Bay in New England begining the 28^^ of May 1766 ending the Legislative 

. ~o ^ J _^o Records ol tbe 

27 May 1767, having attended that Service; upon examining the council, 
same find them right cast and well vouched; by which it appears House Joiir- 
that the said Accomptant charges himself with the Sum of Eighty nai.pp. 25,74. 
five thousand, one hundred thirty nine pounds, sixteen shillings 
and five pence, being so much due for Taxes as represented by his 
last Account. Also with the Sum of One hundred & four thousand, 
nine hundred seventy one pounds^ sixteen shillings & eleven pence 
the balance due by last Account : With the Sum of One hundred 
ninety seven thousand pounds borrowed of sundry persons by virtue 
of an Act passed in May last: With the Sum of Forty two thousand, 
seven hundred eighty six pounds thirteen shillings & five pence a 
Tax laid upon Polls and Estates by virtue of an Act of the General 
Court passed in May 1766. Also with the Sum of Twenty two hun- 
dred & forty pounds twelve shillings & eight pence received of sun- 
dry persons on Account of Lands sold them. With the Sum of Eight 
hundred pounds received of the hon^''^ Thomas Hubbard Esq'' Com- 
missary General being the profits arising by the Indian Trade. Also 
with the Sum of Ninety four pounds received of his honor Thomas 
Hutchinson Esq'' for Goods plundered out of his House & returned. 
With the Sum of One hundred fourteen pounds received of his 

1 Sic. 



256 Province Laws (i?eso^ves,ete.). — 1767-68. [Chap. 62.] 

Honor Thomas Hutchinson Esq^ on account of the Ship King- 
George. Also with the Sum of Five hundred twenty pounds, six 
shillings & eight pence received of sundry persons for Excise on 
Tea Coffee &c. Also with the Sum of Eleven thousand, seven hun- 
dred and nineteen pounds, thirteen shillings and five pence received 
of the Collectors of Excise on Spirituous Liquors. Also with the Sum 
of Nine hundred eighteen pounds, seven shillings & three pence 
received of AVilliam Story Esq'' being the Provinces proportion of 
a Seizure of Molosses at Salem. Also with the Sum of Fifteen hun- 
dred forty four pounds eight shillings and eight pence in part for 
the Province Ship. Also with the Sum of Thirty four pounds ten 
shillings and three pence received of Oliver Partridge Esq' the bal- 
ance due from him as one of the Commissioners at the Congress at 
New York. Also with the Sum of Three pounds, twelve shillings 
received for Fines &c : With the Sum of Fourteen hundred, eleven 
pounds, seventeen shillings & ten jjence received of the hon'''" James 
Russell Esq'' Commissioner of Impost duties : All which Sums amount 
to Four hundred forty nine thousand, two hundred ninety nine 
pounds, fifteen shillings & six pence. 

The Committee further find that the said Accomptant discharges 
himself by sundry payments and disbursements by order of the Gov- 
ernor and Council amounting to Twenty five thousand four hundred, 
nineteen pounds, eight shillings and four pence. Also by Bills of 
Exchange drawn on Jasper Mauduit Esq"" Avhicli were returned pro- 
tested amounting to Seventeen hundred fifty three pounds, one shil- 
ling & three pence. Also by Government Securities burnt by a 
Committee of the hon^'® Court amounting to two hundred sixty 
two thousand and forty five pounds, nine shillings & four pence. 
Also by one years interest paid sundry persons amounting to Two 
hundred seventy four pounds, six shillings and three pence. Also 
by a remittance of Sixty eight pounds four shillings & six pence 
on the Town of Middleborough. Also by Taxes still outstanding 
amounting to Eighty two thousand five hundred forty two pounds, 
eleven shillings and nine pence, and by balance in hand further to 
account for Seventy seven thousand, one hundred ninety six pounds 
fourteen shillings and one penny. All which Sums amount to in the 
whole Four hundred forty nine thousand, two hundred ninety nine 
pounds, fifteen shillings and six pence. 

Read & accepted: And 

Eesolved that the Treasurer be, and hereby is discharged of the 
several payments in the foregoing Account amounting to Two hun- 
dred & eighty nine thousand, five hundred and sixty pounds, nine 
shillings and eight pence. Also that he be further accountable for 
the Sum of Eighty two thousand, five hundred and forty two pounds, 
eleven shillings and nine pence outstanding Taxes due from the sev- 
eral Towns when received into the Treasury, & the further Sum of 
Seventy seven thousand, one hundred ninety six pounds, fourteen 
shillings & one penny balance in hand. \^Passed June 23. 



[1st Sess.] Province Laws (Besolves, etc.). — 1767-68. 257 



CHAPTER 6:K 

ORDER ALLOWING £8 TO OSGOOD CARLETON. 

A Petition of Osgood Carleton now of Nova Scotia Setting Legislative 
forth That he was a Soldier in the pay of this Province in 1759 ^;i"?,'c*ir* ^""^ 
& 17G0 under Cap' Newhall; that his Lieu' in making up the Mas- xxvii./k 
ter Roll by mistake charged him with a Gun for which Three pounds Archives, 

was stopped out of his pay, whereas by his said Captain's Account ^-'^^^•» ^*^- 

it appears that the Gun had been returned. That the Petitioner had ^rc^j^eg 
been for five years last past out of the Province. And praying that ixxx., 644. 
he may be allowed the Sum thus kept back. nai"pp.'6o"72. 

"Rpnrl <^ Province 

^^^'-^ <^ .1,0 Laws, xvi., 247, 

Oi'cl&rd that there be paid out of the publick Treasury the Sum chap. 89. 
of three pounds in full for a Stoppage of a Gun as set forth in the 
Petition. [Passed June 23. 



CHAPTER 64. 

VOTE APPOINTING A COMMITTEE TO BURN GOVERNMENT SECURITIES. 

In Council Legislative 

Voted that John Erving Thomas Hubbard, Thomas Flucker, & councif," ' ^ 
Andrew Belcher Esq''^ with such as the hon*"'^ House shall join, be ^als"'^^' 
a Comm® in the Recess of the Court, to repair to the Treasurers, Archives, civ., 

take an Account of y'* Prov*^ Securities, which may have been re- — 

deemed by him, see them consumed to Ashes, & make report at the nai"pp/7*2j.s. 
next sitting of the General Court. 
In the House of Represent'"' 

Read & Concurrd & M' Speaker M'' Otis Coll Williams M"" Han- 
cock & M'' Adams are joynd. [Passed June 23. 



CHAPTER Q5. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF OLIVER PARTRIDGE AND OTHERS. 

A Petition of Oliver Partridge Esq' in behalf of himself and R|ford"J®the 
the other Proprietors of the Township N" 2 in the County of Berk- Council, 

shire which they bought of the Government in 1762. Praying that ^^^"•' ^^' 

they may be allowed a further time to pay in what remains unpaid ^al^pp.'ss^Tg, 
of the purchase money they paying interest therefor in the mean- "o- ' Province 

, . '■ J J 1. J o Laws, xvn., 

time. 242, chap. 50. 

[Read and] _ _ cHap'. ^^.'''' 

Resolved That the Province Treasurer be, and he hereby is directed 
to suspend putting in suit the Bond given to this Province in the 
year 1762 by Oliver Partridge Esq'' & his Associates for the purchase 
consideration of the Township N° 2 in the County of Berkshire 
until the further Order of this Court : Provided they the aforesaid 
Oliver Partridge Esq' and his Associates forthwith pay or cause to 



258 



Province Laws {Resolves, etc. ). — 176 7-6 8 . [Chaps . 66,67.] 



be paid to the Province Treasurer abovesaid the whole of the Inter- 
est now due on said Bond; and also pay or cause to be paid the 
interest thereof annually as it shall become due, otherwise to put 
the same in suit the first Court next after such failure, the next 
July Court in the County of Suffolk excepted. \_Passed June 24. 



CHAPTER 66. 

ORDER REFERRING THE PETITION OF JN" WORTHINGTON, ESQ«, AND 
DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING IN 
SUIT THE BOND OF MOSES PARSONS. 



Legislative 
Records of the 
Council, 
xxvli., 96. 

House Jour- 
nal, pp.47, 75. 
Province 
Laws, xvii., 
242, chap. 50 ; 
338, chap. 255. 



A Petition of John Worthington Esq"" in behalf of Samuel 
Hitclicock, James Sikes and Moses Bliss, all of Springfield Setting 
forth That in June 1762 one Moses Parsons of Middletown in Con- 
necticut purchased of the Province the new Township N° 7 for 
£875, and paid as Earnest the Sum of £20 and gave his Bond to 
the Province Treasurer with Sureties for the remainder. That the 
said Samuel and James with sundry others purchased of said Moses 
Parsons rights in tlie said Township Purely with intent to make 
Settlements thereon, and paid the said Moses for the same. That 
there is a deficiency of 7,033 Acres by means of former Grants and 
short measure, and the said Parsons being reduced in his circum- 
stances the purchasers are in danger of losing their money and im- 
provements. And praying a remission of a proportionable part of 
the purchase consideration, or an equivalent for the deficiency, & 
some indulgence with regard to the terms of settlement, as they 
have been prevented from prosecuting of it by reason of the fore- 
mentioned difficulties. 

Read & 

Ordered That the consideration of this Petition be referred to 
the next Winter Session of this Court, and that the Treasurer be 
directed to suspend the putting Moses Parsons's Bond in suit till 
further Order of this Court. [Passed June 24. 



CHAPTER 67. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF JOHN WALKER AND OTHERS. 



Legislative 
Records of the 
Council, 
xxvli., 1)7. 

House Jour- 
nal, pp. 62, 76, 
77. Province 
Laws, xvii., 
242, chap. 50; 
327, chap. 233. 



A Petition of John Murray Esq' setting forth That in Feb'' 
1764 John Walker and others of Hartford in Connecticut pur- 
chased a Tract of Land of this Government lying in the County 
of Berkshire for £800 for which Sum the Petitioner became bound 
with him to the Province Treasurer, part of which is already paid 
in, and that in three months time he expects to make a further pay- 
ment so as to compleat the Sum of £500 And praying that they may 
be indulged with further time for payment. 

[Read and] 

Resolved That the Province Treasurer be, and hereby is directed 
to suspend putting in suit the Bond given to this Province in the 
year 1762 by John Walker & others for tlie purchase consideration 
of a Tract of Land lying in the County of Berkshire until the further 
Order of the Court. Provided the aforesaid John Walker & his Asso- 



[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 259 

ciates forthwith pay or cause to be jiaid to tlie Province Treasurer 
the whole of the interest now due on said IJond: and also pay or 
cause to be paid the interest thereof annually as it shall become 
due; otherwise to put the same in suit the first Court next after such 
failure; the next July Court in the County of Suffolk excepted. 
\^Passed June 24. 

CHAPTER Q^S. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF NOAH NASH AND OTHERS. 

Resolved that the province Treasurer be & he hereby is directed ^?'^|?''''f .^ 
to Suspend putting in Suit the Bond given to this province in y"^ council, 
Year 1702 by Noah Nash & his Associates for the purchase Con- Mals."'^'^' 
sideration of the Township N° 4 in the County of Berkshire (Until Archives, civ., 

the further Order of the Court) provided the aforesaid Noah Nash — ^ 

& his Associates forthwith pay or Cause to be paid to the province nai^ pp'. ti^'ii- 
Treasurer the whole of the Interest now due on said Bond And n^Ti'^^.tii 
also pay or Cause to be paid the Interest thereof Annually as it 242, chap^so. 
Shall become due otherwise to put the Same in Suit the first Court chap'. 47." ' 
next after Such failure the Next July Court in the County of Suf- 
folk excepted. \_Passed June 24. 



CHAPTER 69. 

RESOLVE ALLOWING THE PROVISION ACCOUNT OF THE COMMISSARY 

GENERAL. 

Thomas Hubbard Esq^ Commissary General laid before the Legislative 
Court his Account of Provisions which having been previously councif, °* "^"^^ 
examined by Committees of the two Houses respectively, the fol- xxvii., 99. 
lowing Order passed thereon viz' Legislative 

Resolved that the foregoing account be allowed, and that the councif,*^ 
Commissary General be, and hereby is further accountable to the House Jour- 
Province for seventeen Barrells of Pork and seven Bushels and nai, pp. 25, 77. 
half of Pease. \^Passed June 24. 



CHAPTER 70. 

RESOLVE ALLOWING THE INDIAN TRADE ACCOUNT OF THE COMMIS- 
SARY GENERAL. 

Thomas Hubbard Esq^ Commissary General laid before the Legislative 
Court his Account of Trade with the Indians which having been councif ^^ ^^^ 
previously examined by Committees of the two Houses respec- xxvii., ioo. 
tively, the following Order passed thereon viz' Archives, cxx., 



Resolvd that the foregoing Account be allowd & that the Hon 



ble 621. 



Thomas Hubbard Esq"" Commissary General be & hereby is further ^^"if 77*"'' 
accountable to this Province for the Ballance being Two thousand supra, ciiap. 
seven hundred & five pounds ten shillings & Eight pence one far- ^^' 
thing. \^Passed June 24. 



260 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 71-73.] 



CHAPTER 71. 



RESOLVE ALLOWING THE GENERAL ACCOUNT OF THE COMMISSARY 

GENERAL. 



Legislative 
Records of the 
Council, 
xxvii., 100. 

House Jour- 
nal, p. 77. 
Stipra, chap. 
70. 



Thomas Hubbard Esq** Commissary General laid before the 
Court his Account current for allowance which having been pre- 
viously examined by Committees of the two Houses respectively, 
the following Order passed thereon viz' 

Resolved That the foregoing Account be allowed, and that the 
Commissary General be further accountable for the balance being 
Thirteen pounds, twelve shillings and nine pence. \^Passed June 24. 



CHAPTER 72. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF ELISHA JONES AND OTHERS. 



Laws, xvii., 
242, Chap. 50 



Legislative A PETITION of Elisha Joucs and John ^Murray Esq'^ Setting 

Council, forth That in June 1762 Nathan Jones of Weston purchased of 

xxvu.,104. ^YiQ Government a Township N" one called East Hoosuck, in which 

^ai^pi/ss'so. t^^y ^^® concerned, but by reason of sundry discouragements, they 
Province ' find it impracticable to compleat in time the payment of the Sum 
stipulated. And praying relief. 
[Read and] 

Besolved That the Province Treasurer be, and he hereby is directed 
to suspend putting in suit the Bond given to the Province Treasurer 
in the year 1702 by Elisha Jones Esq' and his Associates for the 
purchase consideration of the Township called East Hoosuck in 
the County of Berkshire until the further Order of this Court. 
Provided the aforesaid Elisha Jones and his Associates forthwith 
pay or cause to be paid unto the Province Treasurer the whole of 
the Interest now due on s** Bond ; and also pay or cause to be paid 
the interest thereof annually as it shall become due; otlierwise to 
put the same in suit the first Court next after such failure, the next 
July Court in the County of Suffolk excepted; and that the further 
consideration of this Petition be referred to the next AVinter Ses- 
sion. [^Passed June 25. 



CHAPTER 73. 



RESOLVE DIRECTING THE rROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF AARON WILLARD AND OTHERS. 



Legislative 
Records of the 
Council, 
xxvil., 105. 

House Jour- 
nal, p. 80. 
Province 
Laws, xvll., 
242, chap. 50. 
Ante, p. 124, 
chap. 23. 



A Petition of Aaron Willard of Lancaster Esq' Setting forth That 
in the year 1762 he purchased of this Government a Township called 
Number three, a considerable part of the purchase money whereof 
he hath already paid : And praying that he may be indulged with 
further time to pay in the remainder. 

[Read and] 

Resolved That the Province Treasurer be, and he is hereby directed 



[1st Sess.] Province Laws (i?eso?ves,c<c.). — 1767-08. 261 

to suspend putting in suit the Bond given to the Province in the 
year 17G2 by Aaron WiUard and his Associates for tlie purchase con- 
sideration of the Township N" 3 in the County of Hampshire until 
the further Order of this Court. Provided the aforesaid Aaron Wil- 
lard and his Associates forthwith pay or cause to be paid to the 
Province Treasurer the whole of the interest now due on s'' ]5ond 
and also pay or cause to be paid the Interest thereof annually as it 
sliall become due, otherwise to put the same in Suit the first Court 
next after such failure, the next Court in the County of Suffolk 
excepted. [Passed June 25. 



CHAPTER 74. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF JOHN CUMMINGS AND OTHERS. 

A Petition of Charles Prescot in behalf of himself and other Legislative 
Proprietors of the Township N° 5 which they bought of this Gov- counclr*^''^ 
eminent in the year ll^^'l Praying that they may be allowed further xxvii., loe. 
time for compleating the payment of the purchase money. House Jour- 

[Eead and] province 

Resolved That the Province Treasurer be, and he hereby is directed ^^cfui'p^so. 
to suspend putting in suit the Bond given to this Province in the 
year 1762 by John Coining and his Associates for the purchase con- 
sideration of the Township N° 5 in the County of Hampshire until 
the further Order of this Court. Provided the aforesaid John Com- 
ming & his Associates forthwith pay or cause to be paid to the Prov- 
ince Treasurer the whole of the Interest now due on said Bond; and 
also pay or cause to be paid the interest thereof annually as it shall 
become due, otherwise to put the same in suit the first Court next 
after such failure, the next July Court in the County of Suffolk 
excepted. [Passed June 25. 



CHAPTER 75. 

RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF SAMUEL BROWN, JR., AND OTHERS. 

A Petition of Samuel Brown jun"" of Stockbridge in behalf of Legislative 
himself and his Associates who in the year 1763 purchased of the councif, 
Government a Township called Yokun Town & Mount Ephraim xxvu., loe. 
Praying a further time for the payment of the remainder of the ^aT^p'sTso 
purchase money still due. Province ' 

[Read and] 3^:0^^294. 

Resolved that the Province Treasurer be, and he hereby is directed 
to suspend putting in suit the Bond given to the Province Treas- 
urer in the year 1763 by Samuel Brown jun'' & his Associates for the 
purchase consideration of the Township originally called Yokun 
Town and Mount Ephraim in the County of Berkshire until the 
further Order of this Court : Provided the said Samuel Brown and 
his Associates forthwith pay or cause to be paid to the Province 
Treasurer the whole of the interest now due on s** Bond, and also 
pay or cause to be paid the interest thereof annually as it shall 



262 



Province Laws {Resolves^ etc.). — 1767-68. [Chaps. 7(5, 77.] 



become due; otherwise to put the same in suit the first Court next 
after such failure; the next July Court in the County of Suffolk 
excepted. \^Passed June 25. 



CHAPTER 76. 



Legislative 
Records of the 
Council, 
xxvii., 107. 

House Jour- 
nal, pp. 79, 80. 
Province 
Laws, xvii., 
242, chap. 60. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING 
IN SUIT THE BOND OF CORNELIUS JONES AND JOHN CHADWICK. 

A Petition of John Chadwick of Tyringham Setting forth That 
in the year 1762 one Cornelius Jones purchased of this Government 
about 10,000 Acres of Land for about £400 for the payment whereof 
the Petitioner became bound with him, a part of whicli is paid; And 
praying a further time for the payment of the remainder. 

[Read and] 

Resolved, that the Province Treasurer be and he hereby is directed 
to suspend putting in suit the Bond given to this Province in the 
year 1762 by Cornelius Jones & John Chadwick for the purchase 
consideration of Ten thousand Acres in the County of Hampshire 
until the further order of this Court. Provided the aforesaid Corne- 
lius Jones and John Chadwick forthwith pay or cause to be paid 
to the Province Treasurer the whole of tlie interest now due on s** 
Bond and also pay or cause to be paid the interest thereof annually 
as it shall become due, otherwise to put the same in suit the first 
Court next after such failure; the next July Court in the County 
of Suffolk excepted. \^Passed June 25. 



CHAPTER 77. 



Legislative 
Records of the 
Council, 
xxvii., 109. 

House Jour- 
nal, pp.81, 82. 
Ante, p. 128, 
chap. 31 ; p. 140, 
chap. 53; p. 146, 
chap. 68. 



RESOLVE ESTABLISHING THE GARRISON AT CASTLE W-^ AND THE 
WAGES THEREOF. 

In the House of Representatives. 
Resolved That there be an Establishment for the pay of fifty Men 
Officers included for the defence of Castle William, their AVages to 
continue one year from the 20^'' day of June instant, at the follow- 
ing Rates viz' 

For one Captain ^' Annum 

For one Lieutenant $> Annum 
For one Chaplain Ditto 

For one Gunner Ditto 

For one second Gunner Ditto 

For one Armourer P Month 

For two Sergeants each %> Month 
For six quarter Gunners each %?' d" 

For four Corporals each t> d° 

For one Drummer V ditto 

For thirty one privates %5' d° each 

And for the pay of seventeen Men for Fort Pownall Officers in- 
cluded, for one year from the 20'^ of June Instant at the following 
Rates viz' 



£56. 


3. 


10 


28. 


11. 


5 


33. 


6. 


8 


45. 


6. 


8 


33. 


6. 


8 


2. 


4. 


6 




12. 






12. 






9. 


4 




9. 


4 




4. 





For one Lieutenant 


V Month .... 


. £3. 




For an Interpreter 


%> ditto .... 


. £3. 




For one Gunner 


F ditto .... 


. £2. 


b 


For one Sergeant 


V ditto .... 


. £1. 


10 


For one Armourer 


^ ditto .... 


. £1. 


10 


For twelve privates 


each ^ ditto .... 


. £L 


4 



[1st Sess.] Province Laws {Resolves, etc.). — 17()7-<)8. 263 

In Council, Eead and Concurred, 
And undersigned by the Governor as follows viz' 
I have before consented to an Establishment for Castle William 
in manner as above: I do not consent to the above written Estab- 
lishment for Fort Pownall as I do not think it sufficient for the 
security of the Fort, and will not make myself Answerable for the 
consequences if it should prove so. 

Fka. Bernard. 
\^Passed June 25. 



264 



Province Laws (Resolves, etc.). — 1 7()7-(58. [Chap. 78.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirtieth Day of December, A. D. 1767. 



CHAPTER 78. 



Legislative 
Records of the 
Council, 
xxvii., 118. 
Mass. 

Archives, civ., 
493. 

Mass. 

Archives, civ., 
492. House 
Journal, PI). 72, 
73, 94. Ante, 
p. 257 chap. 64. 



ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV- 
ERNMENT SECURE AND DISCHARGING THE PROVINCE TREASURER OF 
THE SUM OF £213,055. 18. 5. 

The Committe appointed to repair to the Treasurers, and take 
an Account of the Government Securities & see them burnt, & 
consumed to Aslies; have attended that Service, & have recieved 
of M"" Treasurer Gray, Government Securities, payable in June 
1766, Eleven Thousand, two hundred forty seven Pounds, the In- 
terest paid thereon being Nine hundred & seven Pounds, ten shil- 
lings, & ten pence, amounts to Twelve thousand one liundred fifty 
four Pounds, ten sliillings & ten pence. Also Government Securities 
payable in June 17G7, One hundred Eighty nine Thousand & thirty 
nine Pounds, tlie Interest thereon being Eight Thousand, seven 
hundred forty six Pounds, Eight shillings and eleven pence, amounts 
to One hundred Ninety seven Thousand seven hundred Eighty five 
pounds, eight shilings & eleven pence. Also Government Securities 
payable in June 1764, of the old form. Eleven hundred & eight 
Pounds, the Interest paid thereon being One hundred tliirty seven 
Pounds, seven shillings & seven pence, amounts to Twelve liundred 
forty five Pounds, seven shillings & seven pence. Also Government 
Securities of the new form payable in June 176-4, Nine hundred 
thirty eight Pounds, the Interest paid thereon being Ninety five 
Pounds, eighteen shillings amounts to Ten hundred Tliirty three 
Pounds, eighteen shillings. Also Government Securities of the new 
form, payable in June 1763, One hundred Eighty seven Pounds, 
the Interest paid thereon being. Nine Pounds thirteen shillings & 
two pence, amounts to One hundred ninety six pounds, thirteen 
shillings & two pence. Also Government Securities of the new form 
payable in June 1765, Six hundred & four Pounds, the Interest paid 
thereon, thirty five Pounds nineteen shillings & eleven pence, amounts 
to Six hundred thirty nine Pounds, Nineteen shillings and eleven 
pence. 

All which Securities amount to Two hundred & thirteen Thou- 
sand, and fifty five Pounds, eighteen shillings and five pence, which 
we have seen burnt & consumed to Ashes. 

Signed, Jn" Erving ^ Order. 

Eead & Accepted & 

Orderd that the Treasurer be dischargd of the Sum of Two hun- 
dred & Thirteen Thousand & fifty five Pounds Eighteen Shillings 
and five Pence accordingly. [Passed January 5. 



[2d Sess.J Province Laws (Besolves, etc.). — 1767-68. 265 



CHAPTEE 79. 

RESOLVE IMPOWERING BENJ-^ BLACKSTON, EXECUTOR, TO SELL REAL 

ESTATE. 

A Petition of Benj'* Blackston of Falmouth in y® County of Legislative 
Cumberland, Executor of the last Will & Testament of Benj^ Black- cou^cii^,*^ 
ston late of said Falmouth deceased Setting forth, that the per- xxvu., 121. 
sonal Estate of the s"^ dec'^ amounts to £118.0.5 less than his Debts, naTf/y4"96 
that he was necessarily prevented from applying to the Superior Province ' 



Court, at their last term in said County, for leave to sell a part of chap! 
the Real Estate for tlie discharge of the said Debts. And praying 
that he may obtain liberty from this Court, to make sale of so much 
of the said Estate, as shall be sufficient for that purpose. 

[Read and] 

Resolved that the Prayer of the Petition be granted, and the Peti- 
tioner in his said Capacity be allowed & impowered, to make sale 
of so much of the deceased's Real Estate, as shall amount to the 
Sum of One hundred & Eighteen Pounds, & five pence, for y^ pur- 
pose mentioned in the Petition, and such further Sum as shall be 
be ' sufficient to pay the Charges of sale, and making up his further 
Account, with the Judge of Probate, where it shall be least preju- 
dicial to the remainder of the Estate, and to execute a good deed 
or deeds of the same to the Purchaser: He observing the directions 
of the Law relative to Executors & Adm" in selling Real Estates. 
[^Passed January 5. 



10. 



CHAPTER 80. 

RESOLVE ALLOWING £60 AND A FURTHER SUM OF £16. 16 TO ROB^ BALLS. 

A Petition of Robert Balls, keeper of the Light house Setting Legislative 
forth that on the 19^'' of November last he comj^leated the thirty counc'if °"'^^ 
fourth year of his service in that Station, for the last of which he xxvii., m. 
hath as yet recieved no recompence. And praying an Allowance Archives, 
therefor, & also a reimbursment of the Sum of Sixteen Pounds six- ixvi., 403. 
teen shillings he has advanced for 311/^ Cord of Fire wood, for the Mass. 
Benefit of the lights ixvl^Ioa' 

[Read and] KpS. 

Resolved that the Sum of Sixty pounds be Allowed and paid out 
of the publick Treasury to the Petitioner for his Service for one 
Year ending the 19^^ of Novem'' last. Also the Sum of Sixteen 
pounds sixteen shillings for Thirty one & an half Cords of Wood 
which he Expended. \^Passed January 6. 

1 Sic. 



266 



Province 'LAWs(Iiesoh'es, etc.). — 1767-G8. [Chaps, bl, 82.] 



Legislative 
Records of the 
Council, 
xxvii., 1"24. 

House Jour- 
nal, pp. 94, 98, 



CHAPTER 81. 

RESOLVE ALLOWING £5. 2 TO ISR"- CHAPIN. 

A Petition of Israel Chapin of Hatfield Setting forth that by 
virtue of a deputation from Oliver Partridge Esq"' Sheriff of the 
County of Hampshire, he went in pursuit of one Solomon Harris 
for forceably entering tiie House of Elizabeth Warner of said Hat- 
field, & stealing sundry things of Value therefrom : that he per- 
formed this service in Consequence of a AVarrant from Israel Williams 
Esq"" taking with him sundry Assistants, who spent several days in 
the business, & finally took him in a remote corner of the County, 
& conveyed him to tiie Goal; that the said Solomon afterwards made 
his escape with divers other Prisoners; and as he was never brought 
to trial he and his Assistants must fail of their Eecompence, unless 
aided by this Court, which will be particularly grevious to the Peti- 
tioner, as by means of said Service, he contracted an illness which 
disabled him from pursuing his business for three months after- 
wards: And praying Eelief. 

Eead And whereas it appears by the record of the Court of Assize 
& General Goal Delivery, held in the County of Hampshire in Sep- 
tem"' last, that David Bonner, & David Jones, were assisting in break- 
ing the Goal in said County, by which means the Prisoner mentioned 
in the Petition made his escape, and the said Bonner & Jones were 
convicted, & fined five Pounds each. 

Resolved that the Account exhibited, by the Petitioner, be allowed, 
and that the Sum of five Pounds two shillings, be paid to him out 
of said Fines, by the Sheriff of the County of Hampshire. \^Passed 
January 6. 



CHAPTER 82. 



RESOLVE CONFIRMING TOWNSHIP N^ 4 TO NOAH NASH. 



Legislative 
Records of the 
Council, 
xxvii., 126. 

House Jour- 
nal, pp. 51, 77, 
91, 98. Ante, 
p. 259, chap. 68. 



A Petition of Noah Nash of Hatfield, Setting forth that in the 
Year 1762. He purchased of y* Government a Township, called 
N° 4, and hath paid upwards of £400 towards the said purchase; 
that divers Improvements are already made upon it, he having 
already sold the greatest part of said Township and that a consid- 
erable number of Persons, have begun Settlements on the Lands. 
And praying that he may have a Grant of said Township, that so 
he may be thereby enabled, to give Warrantee Deeds to the Pur- 
chasers. 

[Read and] 

Resolved that the Township N° 4. which was sold by this Gov- 
ernment, in the year 1762, to Noah Nash of Hatfield, lying in the 
County of Berkshire, bounded as follows Viz' beginning at the 
Northeast Corner of New Framingham, now called Lanesborough, 
thence South, 33 west, 1,985 Perch, on the line of said Township 
until it meet with the line of the Ashuelot Equivalent so called, 
thence in the line of said Equivalent, to the Northeast Corner 
thereof, thence East 20° South fifteen hundred tSb fifty Rods, thence 
North 20° East 1,595 rods thence West, 20 North 2,112 Rods, to 



[2d Sess.] FiiOviNCE LiAWS {liesolves, etc.). — 1767-68. 267 

the first Station be granted and confirmed to the said Noah Nash, 
his Heirs & Assigns He performing the Settlement thereon originally 
enjoined by the General Court. [Passed January 8. 



CHAPTER 83. 

RESOLVE IMPOWERING JOS" KIDDER, AND MARY HIS WIFE, ADM^ AND 
GUARDIAN, TO SELL REAL ESTATE AND MAKING PROVISION IN RE- 
GARD TO THE PROCEEDS. 

A Petition of Joseph Kidder of Dunstable, in y^ Province of Legislative 
New Hampshire, and Mary Kidder, alias Mary Badger his Wife, councn'°**^^ 
Relict of Nath' Badger late of Haverhill dec'^ Adm^ of the said xxvii., m. 
deceased's Estate, and Guardian to their only daughter & Child, ^*^"^® '^^'i'^L 

' •/ o ' 113,1 Di) 97 99 

Mary Badger, a Minor Setting forth That the Demands upon the loo.'ioe. Prpv- 
said deceased's Estate amount to, 74.9. 4V^ which cannot be dis- isifchap.V"' 
charged without making sale of a part of the Eeal Estate; that the 
said Estate consists of Houses and Lands lying in Haverhill, which 
cannot be severed without great damage. And praying that they 
may be impowered to make sale of the said dwelling house, and a 
small lot of Land, not more than half an Acre, with the other Build- 
ings thereon. 

[Read and] 

Resolved that the Prayer of the Petition be granted; and that the 
Petitioner be impowered to make sale of the lands & Buildings 
mentioned in the Petition, for the payment of the deceaseds debts, 
& in their said Capacities execute a good deed, or deeds thereof to 
the Purchaser, the Surplusage of Money arising by said sale, if any, 
besides paying the said Debts, the Charges of sale, and making up 
a further Acco* with the Judge of Probate of Wills &*= for the 
County of Essex, to be put to Interest on good Security : And that 
y® Petitioners give Caution to the said Judge, that the said Sur- 
plusage, shall be secured with the Interest to the said Minors ; the 
Petitioners observing the directions of the law relative to Execu- 
tors & Administra" in selling Real Estates. [Passed January ^.* 



CHAPTEE 84. 

RESOLVE ALLOWING £2. 12 TO ABIG^ FENNO, EXEC^. 

A Petition of Abigail Fenno of Milton Widow, Executrix of the Legislative 
last Will & Testament of Elizabeth Wadsworth of s** Milton Widow ^f^^^^ ^^ ^^^ 
deceased Setting forth that her said Testatrix, in the Year 1747, xxvu., 129. 
took into her family one Betty Hunter, an Indian woman of the House Jour. 
Punkapog tribe, and a Proprietor of of* land there, being then in Pro^ince^* ^"*" 
a languishing consumptive state in order to nurse & take care of Law8,^xvi.,24i, 
her, which she accordingly did to the time of her death, providing ^i^e,'p.'246, 
a Nurse, & every thing necessary for her. That her Testatrix had ^'^^p-^- 
in her life time, applied to the Guardian of the said Indians for 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 8. 
^ Sic. 



268 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 85, 80.] 



payment of her Account, but could obtain nothing but fair words; 
And the Petitioner hath applied since, but without Effect. And 
praying that this Court would give Order to the present Guardian 
of the said Indians, to discharge the s*^ Account for the benefit of 
the Heirs of the said Testatrix. 

[Read and] 

Resolved that the Prayer of this Petition be so far granted, as that 
the Sum of Two Pounds 12/ be allowed; And that the Guardian of 
the Punkapog Indians be directed to pay the same to her in full 
discharge of her Account. Provided there be a sufficiency in his 
Hands belonging to the said Indians. \^Passed January 9. 



Legislative 
Records of the 
Council, 
xxvii., 131. 

House Jour- 
nal, pp. 'J5, 103, 
108. 



CHAPTER 85. 

RESOLVE CONFIRMING THE ROADS AND HIGHWAYS OF THE TOWN OF 

UXB RIDGE. 

A Petition of Thomas Rist & others, Selectmen of Uxbridge Pray- 
ing that the Roads, which have been laid out in said Town, may be 
confirmed & established, although the Business was not so fully 
expressed, in the Warrants for calling the town Meetings, when 
said Roads were accepted, as in strictness of law, it ought to have 
been. 

[Read and] 

Resolved that the prayer of this Petition be so far granted, as that 
all the town ways, within the [Town] ' of Uxbridge, that have been 
heretofore laid out, in said town by the selectmen thereof, and that 
have been accepted by the town, be to all Intents & purposes what- 
soever as fully established and confirmed. Town ways, in said town, 
as they would have been, had there been no such defects, in said 
Warrants, as are mentioned in said Petition. [Passed January 12. 



CHAPTER 86. 



Legislative 
Records of the 
Council, 
xxvii., 132. 

House Jour- 
nal, pp. 96, 100. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING NATH'* WARNER, ADM«, TO SELL REAL ESTATE. 

A Petition of Nathan Warner, Administrator of y^ Estate of 
Aaron Warner, late of Harvard deceased Setting forth That he 
hath expended for the support of y* deceased's Widow, since the 
year 175G, who by reason of her age is incapable of supporting her- 
self, and for the support of his Sister, being a Cripple, the Sum of 
£86.8.6^4:, more than he hath recieved of the personal Estate of y* 
deceased, or of the Rents of his Real Estate, and Proceeds of such 
part thereof as is already sold. And praying that he may be impow- 
ered, to make sale of so much of the residue of the Real Estate, 
lying in Harvard, as may be sufficient to reimburse him the Sum 
so advanced as aforesaid 

[Read and] 

Resolved ihoX the Prayer of the Petition be granted; and that the 
Petitioner be impowered to make sale of so much of the deceas*^* 
Real Estate, where it will best suit, & be least prejudicial to the 
Remainder, as will amount to the Sum of Eighty-six pounds 8/6^ 

* Inserted from the House Journal, p. 103. 



[2d Sess.] Froyince Laws (Besolves, etc.). — 1767-68. 269 

for the purposes mentioned in y" Petition and also such futher sum, 
as shall be sutlicient to defray the Charge of sale, & making up his 
further Account w*^'' the Judge of Probate for the County of Worces- 
ter; He observing the directions of the law to Executors & Administ" 
in selling Real Estates, and that he be enabled in his said Capacity 
to exequte a good deed or deeds of the lands sold to the Purchaser. 
[Passed January 12. 



CHAPTER 87. 



RESOLVE IMPOWERING MOSES PARSONS, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Moses Parsons, Guardian of Obadiah Parsons, a Legislative 
Minor, Son of Deacon William Parsons late of Glocester deceased Set- counclf, ^^ ^^^ 
ting forth, that on the 12"' of of ' Nov' 1766, he obtained an Order xxvii., m. 
of this Court for y^ sale of y^ Real Estate of the said Minor for his House Jour, 
support t& education, agreable to the last Will & Testament of the 5w<e^p. 159, 
Testator, in Consequence whereof, he hath sold, to the amount of <=ii*p-^- 
£16.4.5. That there is one quarter part of a House, Cellar, Garden 
& Barn, belonging to the said Minor which will sell for One hun- 
dred Pounds intire, but that the same cannot be severed. And pray- 
ing that he may be impowered to make sale of the Premisses, that 
he may be thereby enabled to pursue the Intention of the Testator, 
in giving to his said Son, an Education 

[Read and] 

Resolved, that the Prayer of this Petition be granted; and that 
the Petitioner be impowered to make sale of the Quarter part of 
the Dwelling House, Cellar, Garden, & Barn mentioned in y*^ Peti° 
for the purposes aforesaid, and in his said Capacity execute a good 
deed or deeds thereof to the purchaser, & give Caution to the Judge 
of Probate of Wills A*^ in y** County of Essex, that he will improve 
the Money arising by said sale, for the compleating the Education 
of the said Minor, and pay him the Remainder, if any there be with 
Interest, when he shall arrive to the age of twenty one years. [Passed 
January 13. 



CHAPTER 88. 

ORDER ACCEPTING REPORT OF COMMITTEE IN FAVOR OF GRANTING 
AN APPEAL FROM A CRIMINAL SENTENCE. 

A Petition of Ebenezer Mirick of Berkley in behalf and at the Legislative 
desire of his Children Samuel Mirick a minor of 20 years of age, councif '^^ *^^ 
and of Zilpha Reed the Wife of Charles Reed now absent at Sea xxvii., 39, \u. 
Setting forth That the said Samuel & Zilpha were upon the Com- Legislative 
plaint of David Briggs by Warrant carried before Ebenezer Hatha- councfu °* *^^ 
way Esq' put upon Trial and by the said Justice without proof, or House JoliV 
even colour of suspicion declared guilty of Stealing a Sheep, and nai,pp!37,38, 
thereupon sentenced to pay a Fine of fifteen shillings, and to pay *^' ^^^' ^^^' 
the Complainant thirty nine shillings damage and One pound four- 
teen shillings cost. That they claimed an Appeal, but thro' ignorance 
and want of Council they did not tender Sureties according to Law, 

I Sic. 



270 



Province Laws {Resolves, etc.). — 1767-68. [Chap. 89.] 



which was therefore refused. And praying that they may be enabled 
to bring an Appeal of said Cause to the Court of General Sessions 
of the peace for the County of Bristol, their Omission aforemen- 
tioned notwithstanding. 

The Committee appointed y* 12''' Instant, on y® Petition of Eben' 
Mirick, in behalf of Sam' Mirick and Zilpah Reed, reported that 
the Prayer of said Petition be so far granted, as that the said Samuel 
Mirick & Zilpah Reed, be allowed to claim an Appeal, from the Sen- 
tence given against them by Ebenezer Hathaway Esq' as ment'' in 
said Petition, to the next Court of General Sessions of the peace, 
to be held at Taunton, in & for y^ County of Bristol, on the third 
Tuesday of Feb^ next, they recognizing before said Justice as the 
law directs to prosecute said Appeal, and that they give notice of 
such appeal, to the said David Briggs, at least 14 days, before the 
setting of said Court: And that the said Justice be impowered and 
directed to grant said Appeal, and take the Recognizance aforesaid, 
the time by law for making said Appeal, being elapsed notwithstand- 
ing. And the Justices of said Court be impowerd to recieve ^^ Ap- 
peal, and to hear & determine the Merits of said Complaint, only, 
exhibited against said Samuel and Zilpah, and give Judgment thereon, 
and put the same in Execution, in as full a manner, as they might 
have done, had the said Appeal been made at the time of passing 
y® ^'' Sentence. 

Read & 

Ordered that the foregoing report pass into an Order of this Court ; 
and the same is made an Order of this Court accordingly. [Passed 
January 14. 



CHAPTER 89. 



Legislative 
Records of tlie 
Council, 
xxvii., 135. 
Mass. 

Archives, xlv., 
501. 

Mapo. 

Archives, xlv., 
498. House 
Journal, 
pp. 110, 111. 



ORDER OF NOTICE ON THE PET^ OF SAM*- WELLES AND OTHERS OF 
THE DISTRICT OF NATICK IN REGARD TO COLLECTING ASSESSMENTS. 

A Petition of Samuel Welles Esq'' and others, Inhabitants of 
Natick Setting forth That on the 31 of March 17G3, the Society 
there made Choice of Oliver Bacon »& others, as a Committee to 
finish the Meeting house, which has been compleated near two years, 
and their Accounts presented, but as they exceeded the Estimate, 
they were refused payment, whereupon the said Committee Com- 
menced an Action against the District of Natick, & a District Meet- 
ing was notified on the Occasion, when M"" John Cooledge was chosen 
Moderator; but as two such Meetings had been called before for the 
same purpose and had not been opened, some of the Inhabitants did 
not attend this latter Meeting, besides which the Moderator refused 
the Votes of four of the principal qualified Voters, and by this means, 
a Vote was obtained for a Committee to defend against said Action, 
and a Grant was made of £40 to defrey the Expence, altho' the whole 
Demands of the first named Committee, amounted to no more than 
£60.11.11 the Action was tried, and the said Oliver Bacon and others, 
recovered Judgment for the Money sued for, from which the Com- 
mittee for defence appealed, and at the Superior Court, the Com- 
mittee for repairs recovered Judgment also, for the Amount of their 
Expences »& Costs. Therefore praying that the Doings of the last 
town Meeting respecting the Meeting house, and the Grant then 
made of £40 as afores'' may be declared null & void 



[2d Sess.] PitoviNCE Laws {Resolves, etc.). — 1767-68. 271 

Eead and 

Ordered that the Petitioners Notify tlie Inhabitants of the Dis- 
trict of Natick of this Petition and order by leaving an attested 
Copy thereof with the Clerk of S*^ District that they shew Cause 
(if any they have) on the first day of February next (if this Court 
be then sitting) why the Prayer of this Petition should not be 
Granted and that the Levying and Collecting the assessment therein 
mentioned be suspended until the further order of this Court thereon. 
[^Passed January 14. 



CHAPTEK 90. 

RESOLVE REMOVING TAXES LAID ON THE TOWN OF ASHBURNHAM. 

A Petition of Tristram Cheney, in behalf of the Inhabitants of Legislative 
the town of Ashburnham Setting forth that a Province tax hath coundf, "** ^''^ 
been laid upon them for a number of years past, no part whereof Mas"'^"^^' 
has been paid, that the Land is Stubborn, and the Petitioners have Archives, 
been there but a short time, & are unable to raise Provisions suffi- " ^^"''' ^^^' — 
cient for the support of their families, & many of their Settlers have ?a^"pp!^97"iii. 
left y® town to avoid the said tax. That by reason of the death of ^^'^^^^\ 
their Pastor, & the damage done to their Meeting house by a Hur- chap. 3; 825, ' 
ricane, they are exposed to a very great Expence. And praying chap's^' ^^^' 
Eelief 

Read & 

Resolvd that the prayer be granted & that the several Sum & 
Sums orderd to be assessd on the new Plantation lately called Dor- 
chester Canada now Ashburnham be removd & carried back to the 
several Towns in the County of Worcester from whence it came 
viz Worcester Lancaster Mendon Brookfield Oxford Sutton Rut- 
land Leicester Westbro Shrewsbury Lunengburgh Uxbridge Har- 
vard Dudley Bolton Sturbridge Leominster Hardwick Western 
Douglas »& Petersham in due proportion as it was taken off & 
accordingly added to those several Towns in their next years Tax. 
\^Passed January 14. 



CHAPTER 91. 

RESOLVE IMPOWERING PATIENCE ROWLAND, ADM^, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Patience Rowland of Plymouth, Widow & Admin^ Legislative 
of the Estate of John Rowland, late of said Plymouth deceased, & councur**^'' 
mother, & natural Guardian of Patience Rowland, a Minor, & only xxvu., iss. 
surviving Child of the said John Rowland Setting forth That a House Jour- 
greater part of the Estate of the said John consisted of about a i(h,'ii^"^''^°°' 
third part of a dwelling house, & small Garden Spot adjoining, 
lying in "^ Plymouth which being greatly out of repair at the de- 
cease of the s'" John hath yeilded little more Rent than the Repairs 
amounted to, whereby she is put to great difficulty, to support her- 
self & educate her Daughter. And praying that she may be impow- 
ered to make sale of the Premisses, for y® Purposes before mentioned. 

[Read and] 



272 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 1)2, 1)3.] 



Resolved that the Prayer of this Petition be granted, & tlie Peti- 
tioner be impowered, to sell the part of the Dwelling house, & 
Garden Spot mentioned in the Petition to the best advantage, and 
in her said Capacity, to execute a good Deed or Deeds thereof, to 
the Purchaser. And two thirds of the Money arising by said sale, 
after she has made up her Account of Administra" with the Judge 
of Probate of Wills &*= for y^ County of Plym", to put the same on 
Interest, & give Caution to the s'' Judge that both Principal & In- 
terest may be secured to the said Minor. \^Passed January 15. 



CHAPTER 92. 



RESOLVE IMPOWERING DESIRE SEPIT, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvil., 138. 
Mass. 
Archives, 
xxxiii., 451. 

Mass. 
Archives, 
xxxlil., 450. 
House Jour- 
nal, pp. 98, 99. 
Province 
Laws, xvi., 241, 
chap. 76, note. 



A Petition of Desire Sepit of Bridgwater Indian woman Setting 
forth That slie is Owner of five Acres of Land, at Monument Ponds 
in Plymouth, 8 Rods wide, & 100 Rods in length, without any fence 
or wood thereon; that she can find no Tenant for it, but can sell 
it [to John Bartlett] for 13.6.8, the Interest of which Avould be of 
help towards her support. And praying that she may have leave to 
sell the same. 

[Read and] 

Resolv''(l that the Prayer of this Petition be granted, and that the 
Petitioner be impower'd to make Sale of the Land mention'd in the 
Petition, to the Said John Bartlet for the Sum of Thirteen Pounds 
Six shillings & Eight pence and Execute a good Deed thereof to 
him. And that Josiah Edson Esq' of Bridgewater assist in the Sale, 
and take good Security for the Said Sum on Interest payable to the 
Guardians of the Indians for the County of Plym° for the Petitioners 
use And that the Said Interest from Year to Year be Apply'd by 
them for her Benefit. \^Passed January 15. 



CHAPTER 93 



RESOLVE GRANTING TO MARY MARSHALL LICENCE TO SELL STRONG 

DRINK. 



Legislative 
Records of the 
Council, 
xxvli., 141. 

House Jour- 
nal, p. 116. 



A Petition of Mary Marshall of Boston Spinster Setting 
forth that she hath been approbated by the select men of the 
said town, & recommended by them to the Court of Sessions for 
a License to sell spirituous Liquors; but as the time for granting 
such licenses is expired, praying that the s*^ Court may be impow- 
ered to grant her such license at their Session in January Instant 

Read and 

Resolved that the Prayer of the Petition be granted, & that the 
Justices of the Court of General Sessions of the Peace, for the 
County of Suffolk, be & hereby are impowered, in their present 
Session to grant the Petitioner a license accordingly, the time for 
granting licenses being elapsed notwithstanding. \^Passed Jan- 
uary 16. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 273 

CHAPTER 94. 

RESOLVE CONFIRMING TOWNSHIP N" 5 TO JOHN CUMMINGS. 

A Petition of John Cumings of Concord Praying that this LcKisiative 
Court would make him a Grant of the Township, W 5. which he ^^"'"clf,"'*'^'' 
purchased of this Government, in the Year 1762, he finding it a xxvii., ui. 
ffreat discouragement to Settlers from going upon s** Lands unless House Jour- 

V 1 1 • ?i WT ir T\ ^ nal, pp. 104 his, 

he could give them Warrantee Deeds. los, lie. Prov- 

[Read and]. L°v'il^24r' 

Resolved that the township N" 5. which was sold, in the year 1762, chap! 50. ' ^n<e, 
to John Cumings of Concord, in the County of Middlesex bounded p-'** '*^ *p- ' 
Westerly on the township, N° 4, & N° 2, and Southerly, partly on 
Lotts N° 2, »& ]S[° 3, then Easterly partly on Chandlers Grant, & 
Province Land, & Northerly partly on the townships, N° 6, & 7. 
be granted & confirmed to the abovesaid John Cumings, his Heirs 
& Assigns, he performing the Settlement thereon, as originally en- 
joined by the General Court. [Passed January 16. 



CHAPTER 95. 

RESOLVE ALLOWING REV' ELI FORBES £33. 12. 3. 

Resolved that there be allowed & paid, out of the Income of Sir Legislative 
Peter Warren's Donation the Sum of Thirty three Pounds, twelve counctf **^ *^° 
shillings & three pence to the Eev*^ Eli Forbes, in full for his pro- xxvii., 140. 
curing, instructing cloathing & boarding, three Mohawk Children House Jour- 
from Aug' 15'*^ 1767, to Jan^ 15. 1768. and that the same be paid ng/i^^'m'.tii 
out of the Public Treasury accordingly. \^Passed January 18.^ Ante,^m, 



CHAPTER 96. 

ORDER IMPOWERING GEO. CARRELL, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of George Carrell of Hopkinston, Guardian of Moses Legislative 
Adams, a Minor Setting forth, that the said Minor in Consequence counctf °**^^ 
of the desire of his Parents deceased, & agreable to his own Inclina- xxvii., 143. 
tions, is entered a Student at Harvard College. That his Father Archives, xix., 

Moses Adams late of Framingham dec*^ left him an Estate lying in "'J^ 

said Framingham, consisting of about Seventy iVcres of Land, valued Mass. 
at a Sum between £300, & £400 the Income of which is insuffi- 772? Legi^ia^'' 
cient for his Support, & Education, and that the said Estate needs Jh^^c^u^'ncii^ ^^ 
great repairs. And praying that he may be impowered to make sale xxvi., 397. 
of the said Estate for the use & Benefit of the said Minor. nai^pp'sTss 

[Read and] _ ^Jo^f ' 

Ordered that this Petition be revived. And that the Petitioner Laws, u., 151, 
George Carryl Guar** of Moses Adams a minor be and he is hereby '^^^P'^*'' 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 16. 



274 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 97, 98.] 



impowerd to make Sale of the said Minors Real Estate lying in 
Framiugham containing about Seventy acres of Land & make & 
execute a good Deed or deeds thereof in the Law to the purchaser 
or purchasers ; he attending the directions of the Law for the Sale 
of Real Estates by Executors & administrators; He first giving Bond 
to the Judge of Probate for the County of Middlesex that the pro- 
ceeds of the said Sale be put on interest & used from time to time 
for the Education of the said minor so much as may be necessary 
and that the remainder be paid to the said minor when he shall come 
of age. or in Case of said Moses' Decease to his Ileirs. \^Passed Jan- 
uary 19. 



CHAPTER 97 



RESOLVE IMPOWERING JON* HEARSEY, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 146. 

House Jour- 
nal, pp. 102, 119. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Jonathan Hearsey Admin' of the Estate of Jona- 
than Hearsey late of Hingham deceased Setting forth That the 
deceaseds whole Real Estate was Apprized at Seventy six pounds in- 
cluding the Widows thirds. That the Personal Estate falls £52.3.8iA 
short of the amount of the debts. And praying that he may be im- 
powered to sell the said Real Estate exclusive of the Widows thirds 
under proper restrictions. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that the 
Petitioner be impowered in his said capacity to make Sale of the 
whole of the deceaseds Real Estate within mentioned exclusive of 
the Widows thirds for the most the same will fetch and execute a good 
deed thereof to the purchaser Observing the Rules of the Law for 
the Sale of Real Estate by Executors and Admin", and the Money 
arising by said Sale be applied to the payment of the deceaseds just 
debts and the overplus, if any there be, applied to the benefit of the 
Heirs of the deceased. \^Passed January 20. 



CHAPTER 98. 

RESOLVE IMPOWERING HAN" METCALF, ADM^ AND GUARDIAN, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 147. 

House Jour- 
nal, p. 114. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Hannah Metcalf of AYrentham and David Haven 
of Framingham the said Hannah being Admin^ of the Estate of her 
late Husband Joseph Metcalf of AYrentham & Guardian to Mehit- 
abel, Susannah & Joseph, and the said David as Guardian to Luther 
and Calvin all Minors and Children of the deceased Setting forth 
That the said Joseph died siezed and possessed of a dwelling House 
and Barn and about forty seven Acres of Land lying in four sep- 
arate parcels. That the Fences are much out of Repair, and the 
House so decayed as to require a new Roof: That the said Estate 
was apprised at £134 And that it is uncertain whether the Personal 
Estate is sufficient to pay the debts, so that it is not likely that there 
will be anything left to make the said Repairs withal; that the Chil- 



[2d Sess.] Province Laws (i^eso^ves, e^c). — 1767-()b. 275 

dren are young and two of them very weakly and the Kents insuffi- 
cient for tlieir support. And Praying that they may be impowered 
to make Sale of the said Keal Estate for the benefit of those inter- 
ested therein. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the Petitioner be impowered to make Sale of the whole of the Real 
Estate within mentioned for the most the same will fetch, and ex- 
ecute a good Deed thereof to the purchaser, observing the Rules 
of the Law for the Sale of Real Estate by Executors & Admin", 
giving caution to the Judge of Probate for the County of Suffolk 
that the money arising by said Sale be applied to the payment of 
the deceaseds just debts and the overplus if any there be secured 
for the benefit of the Heirs of the deceased. \^Pass6d January 20. 



CHAPTER 99. 

RESOLVE IMPOWERING AMOS STOCKWELL, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Amos Stockwell Admin'' of the Estate of John Legislative 
Stockwell late of Sutton deceased Setting forth, That the deceaseds ^^(i^'cn^^ ^^'^ 
Personal Estate falls upwards of Seventy pounds short of the amount xxvu., 148. 
of the debts: that the Real Estate was Apprized at £267.15/ one House Jour- 
third whereof is set off to the AVidow as her dower. And Praying provin'cef ' ^'^' 
that he may be impowered to make Sale of so much of the Real ^ifaT lo'' ^^^' 
Estate as may be sufficient to discharge the said debts and charges. 

[Read and] 

Resolved that the prayer of this Petition be granted and that the 
Petitioner in his said capacity be and he is hereby impowered to 
make Sale of so much of said deceaseds Real Estate as will amount 
to the Sum of Eighty five pounds and cost of Sale where it will be 
least prejudicial to the remainder of said Estate, and to make and 
execute a good deed or deeds in Law to the purchaser or purchasers 
thereof. He attending to the Rules of the Law respecting the Sale 
of Real Estates by Executors and Admin'', and giving caution to 
the Judge of Probate for the County of Worcester that the pro- 
ceeds of said Sale be applied to the discharge of the said deceaseds 
just debts. {^Passed January 20. 



CHAPTER 100. 

RESOLVE IMPOWERING MARY LIBBY, ADM^, TO SELL REAL ESTATE. 

A Petition of Mary Libby Admin^ of the Estate of John Libby Legislative 
late of Scarborough deceased Insolvent Setting forth That the counc'lr* ^''*' 
amount of the deceaseds debts is £256.10/ more than the whole of xxvii., 149. 
his Personal Estate. And praying that she may be impowered to House Jour- 
sell so much of the deceaseds Real Estate as may be sufficient to provincl^^'"'*' 
pay his just debts with the charges of Sale. chjT^'io" ^^^' 

[Read and] *^ '^^' 

Resolved That Mary Libby Admin'' on the Estate of John Libby 



276 



Province Jjaws (Besolves, etc.) . — 1767-68. [Chaps. 101, 102.] 



late of Scarborough deceased, be and hereby is impowered to make 
Sale of so much of said deceaseds Real Estate as will amount to 
the Sum of Two hundred pounds ten shillings and cost of Sale 
where it will be least prejudicial to the remainder of said deceased 
Estate, and make and execute a good deed or deeds of the same to 
the purchaser or purchasers thereof, she attending to the directions 
of the Law respecting the Sale of Real Estates by Executors and 
Admin", and giving caution to the Judge of Probate for the County 
of Cumberland that the proceeds of said Sale be applied for the pur- 
poses mentioned in this Petition. [Passed January 20. 



Legislative 
Records of tiie 
Council, 
xxvil., 149. 

House Jour- 
nal, pp. 104, 119. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 101. 

RESOLVE IMPOWERING SETH HARLOW, ADM", TO SELL REAL ESTATE. 

A Petition of Seth Harlow Admin' of the Estate of Nath' War- 
ren late of Plymouth dec*^ Setting forth. That the said deceaseds 
Personal Estate being small was by desire of the Children set off 
to the Widow, And that there are sundry debts due from the Estate 
to the amount of Two hundred pounds. And praying that he may 
be impowered to make sale of so much of the deceaseds Real Estate 
as may be sufficient to discharge the said debts. 

[Read and] 

Resolved that the prayer of this Petition be granted, and that the 
Petitioner be impowered to make sale of so much of the deceaseds 
Real Estate where it will be least prejudicial to the remainder as 
will be sufficient for the purposes abovementioned, and execute a 
good deed thereof to the purchaser. Observing the Rules of the 
Law for the Sale of Real Estate by Executors & Admin", and giv- 
ing caution to the Judge of Probate for the County of Plymoutli 
that the money arising by said Sale be applied accordingly. \^Passed 
January 20. 



CHAPTER 102. 



RESOLVE GRANTING A TRACT OF LAND KNOWN AS WATCHUSET HILL 
TO REV" TIM" FULLER. 



Legislative 
Records of tlie 
Council, 
xviii., 150. 
Mass. 

Archives, xiv., 
497. 

Mass. 

Archives, xiv., 
495. House 
Journal, 
pp. 114, 121, 12-2, 
123. Province 
Laws, xvi., 636, 
chap. 153. 



A Petition of Timothy Fuller of Princetown Clerk Setting 
forth, That he hath lately settled in the Gospel Ministry in said 
Princetown upon the slender allowance of £53.6.8 ^ Annum which 
he apprehends is as much as the people can afford to pay him in 
their present infant State. That they have built a Meeting house 
and made Roads in the Town, but have no public Ministerial Lands. 
And praying that this Court Avould make him (being the first set- 
tled Minister there) a Grant of the Watch usett Hill lying in said 
Town containing about 500 Acres of poor barren Land except that 
at the foot of said" Hill on the South side there are about 100 Acres 
which tho' Rocky and uneven may possibly do for pasture Land. 

[Read and] 

Resolvd That the Prayer of s*^ Petition be granted and that the 
Tract of Land belonging to this Province lying in Princeton in the 
County of Worcester called Watchusett Hill containing about Five 



[2d Sess.] Provin(U5 lj\\\i^ {Resolves, etc.). — 1767-68. 277 

Hundred acres bounded East Four Degrees North one Hundred and 
forty Rods on Watertown Farm tlien Nortli 46 Degrees East IGO 
Rods on said Watertown farm then north 07 Rods on Muzzys Farm 
now Keyess. then North. 23 Degrees west 70 Rods on BenJ^* Ilough- 
tons Land then Westerly 135 Rods on said Houghtons Land then 
60 Rods on s*^ Houghtons Land to a White oak Tree then South: 
55 Degrees West 263 Rods on Westminster Line to a Red oak Tree 
the Corner of M"" Aliens Farm, then East 21 Degrees South. 100 
Rods on s*^ Aliens Farm then running on S"^ Aliens Farm about 190 
Rods to y^ Bounds first mentioned be granted to the s*^ Tim" Fuller 
his Heirs & assigns forever as an Encouragement to him to continue 
in the faithful Discharge of his office in s*^ Princeton 

Provided that he or his Heirs pay their Proportion of a Tax of 
Two Pence p' acre for three years laid by the general Court at their 
Sessions in January AD 1760. upon all the unimproved Lands in 
s** District of Princeton. \^Fassed January 20. 



CHAPTEK 103. 

RESOLVE ADJOURNING COURTS IN HAMPSHIRE COUNTY. 

Resolved That whereas the Court of General Sessions of the peace Legislative 
and Inferior Court of Common pleas for the County of Hampshire counctf, °* ^'^^ 
according to the time appointed by Law should be holden at North- xxvii., isi. 
ampton in said County on the second Tuesday of February next; House Jour- 
and whereas sundry of the Justices and Officers of said Courts and ?24.' ^province' 
others concerned in the business thereof are members of this Court ?<f„Y,%l^;'J^'^-?7 
which IS likely to continue sitting beyond the time aforesaid by Law note, 
appointed for holding said Courts. 

Therefore 

Resolved That the said Courts be and are hereby Adjourned unto 
the third Tuesday in March next then to be holden at said North- 
ampton ; and that all Pleas, Processes, Writs, Actions Suits, issued 
or to be issued, Complaints, Precepts Recognizances and all other 
matters and things returnable and having, and that should have 
had day in said Courts, if the same had been held on the said second 
Tuesday of February shall be returnable and have day in said Courts 
on the said third Tuesday of March, and shall abide and continue 
unto that time, and shall then be proceeded, heard, tried and deter- 
mined to all intents and purposes as effectually as if said Courts 
should have been held on the said second Tuesday of February: and 
all Executions returnable on the said second Tuesday of February 
may be returned into the Clerks Office of said Courts, and alias 
Executions issued afterwards in like manner as if this adjournment 
had not been made. \^Passed January 20. 



278 



Province IjAws {Resolves, etc.). — 1767-68. [Chaps. 104, 105.] 



CHAPTEE 104. 



Legislative 
Records of the 
Council, 
xxvil., 284. 

House Jour- 
nal, pp. lO'J, 120. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING HEZEKIAH WINSLOW, ADMb TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Hezekiah Winslow Admin'^ of the Estate of Noah 
Stoddard late of Dartmouth dec** Intestate Setting forth That 
the said deceaseds debts amount to £73.5.11 more than his Per- 
sonal Estate And Praying that he may be impowered to make Sale 
of the deceaseds Real Estate consisting of a small House and about 
twenty eight Acres of Land to enable him to pay the said debts and 
charges. 

[Eead and] 

Resolved That the prayer of the within Petition be granted and 
that the Petitioner in his said capacity be impowered to make Sale 
of the whole of the deceaseds Real Estate in the Town of Dartmouth 
as mentioned in said Petition for the most the same will fetch, and 
make and execute a good Deed of the same to the purchaser. Ob- 
serving the Rules of the Law for the Sale of Real Estate by Exec- 
utors and Administrators and that he give caution to the Judge of 
Probate for the County of Bristol that the Money arising by said 
Sale shall be applied to the payment of the deceaseds just debts, 
and the Overplus, if any there be, put to interest for the benefit 
of the Children of the deceased. \^Passed January 21. 



CHAPTEE 105. 



RESOLVE IMPOWERING BETHESDA & JUSTUS SACKET, EXECUTORS, TO 
EXECUTE A DEED AND MAKING PROVISION FOR THE MONEY RE- 
CEIVED. 



Legislative 
Records of the 
Council, 
xxvii., 155. 

House Jour- 
nal, pp. 118, 127. 
Ante, -p. 133, 
chap. 42. 



A Petition of Bethesda Sacket of Westfield Widow and Justus 
Sacket Son of Eliakim Sacket late of Westfield deceased and Exec- 
utors of his last Will and Testament Setting forth That the said 
Eliakim in his life time bargained and sold to one Isaac Bartlet of 
Granville, a Farm of Land there containing about 110 Acres and 
gave his Obligation to the said Isaac to give him a deed thereof 
upon the payment of £120 the Sum agreed for. That said Isaac 
made the said Purchase for and in behalf of one Timothy Leete, 
who in the life time of the said Eliakim took possession of the said 
Farm and paid part of the purchase Money and since his death the 
Petitioners have taken up the Obligation which he gave as afore- 
said to the said Bartlet and gave him their Bond to execute a deed 
of the said Land on compleating the payment of th-e Sum of £120 
aforesaid. That the said Leete has since paid the whole Sum and 
now demands a deed of the Land. And praying that they may be 
impowered to execute a deed agreable to the original bargain of the 
said Eliakim Sacket, they to be accountable for that part of the 
purchase Money received by them since his death. 

[Read and] 

Resolved That the prayer of the Petition be granted, and that the 
said Bethesda and Justus be, and hereby are impowered to make and 
execute a Deed of bargain and Sale to the said Timothy Leete the 
Land mentioned in the Petition, of which they stand bound to give 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 279 

him a deed, and that they be obliged to pay all the Money which 
they have or may receive of the said Leeto for the said Land, to 
such person or persons as by the tenor of the said deceaseds Will 
they would have been holden to have paid the same in case such 
Monies had been left by the said deceased in their hands at the time 
of his death. [Passed January 22. 



CHAPTER 106. 

RESOLVE ACCEPTING REPORT OF COMMISSARIES ON THE NEW YORK 
BOUNDARY LINE AND DESIRING THE GOVERNOR TO TRANSMIT THE 
SAME TO THE GOVERNOR OF NEW YORK. 

The Committee on the Keport of the Commissaries for settling Legislative 
the New York Line made Report whereupon the following Resolves councif ^'^ *^^ 
passed the Court as reported by said Committee viz' m^^""' ^^'' 

1 Resolved That the Massachusetts Government have always Archives, vi., 

claimed as their just Right Jurisdiction over the whole Territory ^— ^ 

within their North and South limits from the Atlantic Ocean to Archives vi 
the South Sea, saving only such part thereof as on the S'^ day of 43o. Legisia- 
November in the Eighteeth year of King James the first was actually the^ouncuf ^^ 
possessed or inhabited by any other Christian Prince or State. f52^"iiouee^^^' 

2 Being willing to make the most ample concession even Journal, 
beyond the bounds of equity in the settlement of the controversy SnW.p. 216, 
relative to said Boundary; and in compliance with the recommen- p^^si d^ap 60 
dation of his Majesty signified by the R' hon^'^ the Earl of Shel- 

burne by a generous way of acting to remove the cause of any future 
dissentions between the two Provinces, and that this Government 
may incur no blame if any ill consequence should arise from the 
continuance of the controversy. 

Resolved That this Court will concede to & confirm the last pro- 
posal made by their Commissaries to the Commissaries on the part 
of New York at their late conference, in the words of the Report 
of the Lords of Trade and Plantations in May 1757 

" ' That a strait line to be drawn northerly from a point on the 
Southern Line of the Massachusetts Bay twenty Miles distant due 
East from Hudsons River to another point twenty miles distant due 
East from the said River on the Line which divides the Province 
, of Massachusetts Bay from New Hampshire be the Eastern Boun- 
dary of New York. Provided That this consession if not agreed to 
by New York be not improved to the disadvantage of the Massa- 
chusetts Claim : Provided also that nothing shall be understood to 
prejudice the Right of this Province to Lands Westward of the 
Province of New York. And this Court for the reasons abovemen- 
tioned doth further concede that the aforementioned Lines of dis- 
tance from Hudson's River shall be measured as Horozontal Lines 
instead of Lines measured according to the surface of the Earth. 

3'' And Whereas at said Conference some doubts arose on the 

part of New York with respect to the powers granted by this Gov- 
ernment to their Commissaries aforesaid. 

Resolved That the several Explanations by them given of their 
said Powers and of the practice of this Court with regard to such 
powers were just; and that the Instructions given them contained 
a full and ample power for the settlement of the Boundary Line 

' Sic, as to quotation marks. 



280 



Province Ijxyf^ {Resolves, etc.). — 1767-68. [Chaps. 107, 108.] 



aforesaid, notwithstanding the Vote of the House of Kepresenta- 
tives past here the 17"' day of March last and mentioned in the 
Kesolves of the Assembly of New York ; the said Vote not having 
been compleated as a Vote of the whole Court; But for the satis- 
faction of the Government of New York, if any futher power should 
be necessary for the purpose aforesaid, it shall be given by an Act 
in solemn form. And in case of Agreement it is proposed to the Gov- 
ernment of New York that an Act in solemn form should be past 
by each Government declaring in the fullest and clearest manner 
the Partition Line between the two Provinces. 

4 If contrary to the hopes of this Government all it's en- 

deavours to settle the said Partition Line by mutual Agreement 
should prove ineffectual : 

Resolved That a full state of the controversy be drawn up and 
transmitted home in order to be laid before his majesty in Council 
for a speedy and final settlement of it. 

Read & accepted, And his Excellency is hereby desired to trans- 
mit a Copy of the aforesaid Resolves to S' Henry Moore Governor 
of New York, to be laid before the Assembly of N. York for their 
Consideration. {^Passed January 26. 



CHAPTEE 107. 



RESOLVE ACCEPTING THE ACCOUNT OF THE GUARDIANS OF THE 
HASSAN AMISCO INDIANS. 



Legislative 
Records of the 
Council, 
xxvii., 160. 
Mass. 
Archives, 
xxxiii., 458. 

Mass. 
Archives, 
xxxiii., 4,')7. 
House Jour- 
nal, p. 129. 
Province 
Laws, xvii., 
269, chap. 104. 



An Account of the Trustees of the Hassanamisco Indians having 
been laid before the Court for allowance, the following Order passed 
thereon viz' 

Resolvd that the within Account be accepted & that the aforesaid 
Guardians be further accountable for the Sum of Nine shillings & 
Eight pence %'' for Interest and seventeen hundred & forty four 
ounces & ^^44 Parts ' of an ounce of Silver in their Hands belong- 
ing to the Hassanamisco Tribe and also for the sum of Sixty Six 
pounds thirteen shillings & four pence belonging to Betty Abraham 
alias Sampson. [Passed January 26. 



CHAPTEE 108. 



Legislative 
Records of the 
Council, 
xxvii., 160. 
Mass. 
Archives, 
xxxiii., 455. 

Mass. 
Archives, 
xxxiii., 454. 
House Jour- 
nal, pp. 14, 129. 
Province 
Laws, xvl., 241, 
chap. 76, note. 



RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIAN OF JAMES 
THOMAS, INDIAN. 

JosiAH Edson Esq^ Guardian of tlie Indians presented his Ac- 
count with James Thomas Indian Man of Middleborough wherein 
the said Guardian hath charged him with sundry disbursements 
amounting to £2.18.% and given him Credit for the same Sum 
received for Interest. 

[Read and] 

Resolvd that the within Account : be accepted & that that ' the 
said Guardians be dischargd accordingly. [Passed January 26. 

> Manuscript mutilated. 
» Sic. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 281 



CHAPTER 109. K»the 

Council, 
xxvii., Ifil. 
RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIAN OF HAN" Mass. 

ROBINS, INDIAN. Archives, 

xxxiii.,449. 



JosiAH Edson Esq" presented his Account as Guardian to Han- Archives, 
nail Robins Indian Woman of Bridgewater. houscIjout 

Read & nai,i)i). 14,129. 

Resolvd that the within Account be accepted & that the said Law8"xvi.,24i, 
Guardians be further accountable for the Ballance of Seventy Eight cimp.Te, note.' 
Pounds Seventeen shillings & Eleven pence. \_Pa8sed January 26. 



CHAPTER 110. 

RESOLVE GRANTING TO ELIZ^ TREFRY LICENCE TO SELL STRONG 

DRINK. 

A Petition of Elizabeth Trefry of Boston Widow Setting forth r^^*^^^"^^ ,j^ 
That she hath been Approbated and recommended by the Selectmen council, 

of the said Town to be a Retailer of Spirituous Liquors. And pray- ^'^^'^•' ^^^' 

ing that the Court of Sessions may be impowered to grant her a nai"p!i^^'^ 
License for that purpose the time for granting Licenses being elapsed 
notwithstanding. 

[Read and] 

Resolved That the prayer of the above Petition be granted and 
that the Justices of the Court of .General Sessions of the peace for 
the County of Suffolk in their present Session be impowered, if 
they see cause to grant the said Elizabeth Trefry a License to Retail 
Spirituous Liquors at her House in Fish Street, the time for grant- 
ing Licenses being elapsed notwithstanding. [^Passed January 26. 



CHAPTER 111. 

RESOLVE CONFIRMING THE ROADS IN THE DISTRICT OF CHARLTON. 

On THE Petition of Edward Davis Agent for the District of o^^'^'^^^fth 
Charlton in the County of Worcester council. 

Resolved that the prayer of the Petition be so far Granted that all MalsV' ^^^' 
the roads legally laid out by the Select Men of said Charlton and ^^^j**^!' 

approved of by the Inhabitance of Said Destrict att their Annuall ^^ — '^—^ 

Meetings in march Yearly as Sett forth in Said Petition be hereby nai,pp.ii3,ii7, 
confirmed and made valid to all intents and purposes there not ^^^' ^^^• 
Setting forth the particular Descriptions in there notifycations for 
calling said Meeting according to Strictness of Law as mentioned 
in said Petition Notwithstanding Provided that no person who may 
haue suffered damage by the laying out of said Roads shall be hereby 
barred from seeking a recompence, in case he shall make Applica- 
tion to the Court of Sessions therefor within twelue months from 
this time. \^Passed January 26. 



282 



Province IjAws (Besolves, etc.) . — 1767-68. [Chaps. 112, 113.] 



CHAPTER 112. 



Legislative 
Records of the 
Council, 
xxvii., 165. 

House Jour- 
nal, pp. 13S, 139. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING EZRA TAYLOR, ESQ«, ADM«, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Ezra Taylor Esq' Admin'' of the Estate of Ebenezer 
Johnson late of Southborough deceased Setting forth That the 
said deceased died seized of a Farm containing about two hundred 
Acres of Land with certain Buildings thereon Apprized at £733.6.8 
that it is necessary the greater part thereof should be sold for the 
payment of debts ; but that the parting of it would spoil the whole. 
That the deceased left four Children three of wliom are of full age, 
and are all desirous that the whole Estate should be sold together. 
And praying that he may be impowered to make sale of the same, 
he to be accountable. 

[Read and] 

Resolved that the prayer of the Petition be granted and that 
the Petitioner be and hereby is impowered to make Sale of the 
Real Estate mentioned in the Petition for the most it will fetch, 
and to make and execute a good deed or deeds in law for conveying 
the same, he observing the directions of the Law for the Sale of 
Real Estates by, Executors »& Admin" and giving sufficient caution 
to the Judge of Probate for the County of Worcester that the Money 
arising by the Sale thereof be applied for the purposes mentioned 
in s*^ Petition. \^Passed January 29. 



CHAPTER 113. 



RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY. 



Legislative Resolved That whereas the Court of General Sessions of the peace 

Council, and Inferior Court of Common pleas for the County of Bristol ac- 

xxvn., 166. cording to the time appointed by Law should be holden at Taunton 

House Jour- j,j gj^^j(^| Couiity on the third Tuesday of February next: And whereas 



139,' i4o'. Prov- several of the Justices of said Court and others concerned in the 
737,^^0 riJip.^2or'' business thereof are Members of this Court which is likely to con- 
V., 67, note. tiuuc sitting beyond the time aforesaid by Law appointed for hold- 
ing said Courts. Therefore 

Resolved That the said Court of General Sessions of the peace 
and Inferior Court of Common pleas be, and hereby are adjourned 
Unto the first Tuesday in May next, then to be holden at said Taun- 
ton; and that all Pleas, Processes, Writs, Actions, Suits, Complaints, 
Precepts, Recognizances and all other matters and things returnable 
and having, or that should have day in said Courts, if the same had 
been held on the said third Tuesday of February, shall be return- 
able and have day in said Courts on the said first Tuesday of May 
and shall abide and continue unto that time, and shall then be pro- 
ceeded on, heard, Tried and determined to all intents and purposes 
as effectually as if said Courts had been held on the said third Tues- 
day of February. And all Executions returnable on the said third 
Tuesday of February may be returned into the Clerks Office of said 
Courts, and alias Executions issued afterwards in like manner as if 
this Adjournment had not been made. \^Passed January 30. 



[2d Sess.] Province Laws {Resolves, e^c.). — 1707-68. 283 

CHAPTER 114. 

ORDER IMPOWERING JN" BRIDGHAM TO ENTER AN APPEAL. 

The Committee aiopointcd the 22'' Instant on the Petition of J'^g'siative 
John Bridgham having made Report the following Order passed council, 
thereon viz' ' xxviu^m^ 

Ordered that the said John Bridgham have liberty to enter his Reford"Jfthe 
Appeal to and bring forward the Action in said Petition mentioned Council, 
at the next Superior Court of Judicature &c to be held at Plymouth House Jour- 
in and for the County of Plymouth on the third Tuesday of May °|,';J4'd:^l|,\<e' 
next, and that the Justices of the said Court be impowered to receive p. -iae, chap. 21. 
the said Appeal and to hear and determine, give Judgment and 
Award Execution thereon to all intents and purposes as they might 
have done had the Appeal been entered at the said Court on the 
third Tuesday in May last. [^Passed January 30. 



CHAPTER 115. 

RESOLVE GRANTING £800 TO THE JUSTICES. Legislative 

Records of the 

Resolved, That the Sum of Eight Hundred Pounds be granted, xxvu., ies. 
and paid out of the publick Treasury to the Honorable the Justices Archives, 
of the Superior Court of Judicature, Court of Assize and General xiiv., 657. 
Goal Delivery, for their Services, for one Year, ending the first Day House Jour- 
of January. [Passed January 30. 



CHAPTER 116. 

ORDER ALLOWING £40 TO THE CHIEF JUSTICE. Legislative 

Records of the 

Ordered, That the Sum of Forty Pounds be allowed and paid out xxvu., les. 
of the publick Treasury, to the honorable Thomas Hutchinson, Esq' Archives, 
in Consideration of his faithful Discharge of the important Trust ^"^•' ^^^- 
reposed in him as Chief Justice, and for his further Encouragement ^^f,^^^ fg^g""^" 
therein. \_Passed January 30. 



CHAPTER 117. 

RESOLVE ALLOWING £50 TO THE SECRETARY. 

Resolved That the Sum of Fifty pounds be granted and allowed ]^^sisiative 
to be paid out of the public Treasury to the hon^^® Andrew Oliver council. 
Esq"" Secretary of this Province for his Services for one year ending xxvu., les. 
the sixth day of December last. "[Passed January 30. SaTif isT^' 



284 



'Pb.ovisce Jjaws (Eesolves J etc.) . — 1767-68. [Chaps. 118-121.] 



CHAPTER 118. 



Legislative 
Records of the 
Council, 
xxvii., 169. 

House Jour- 
nal, p. 134. 
Sujira, chap. 
117. 



RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY. 

Resolved That the Sum of Ninety pounds be granted and allowed 
to be paid out of the. public Treasury to the hon**'^ Andrew Oliver 
Esq"" Secretary of this Province in consideration of his extraordinary 
Services to the sixth day of December last. {^Passed January 30. 



CHAPTER 119. 



RESOLVE ALLOWING £267 TO THE TREASURER. 



Legislative 
Records of the 
Council, 
xxvii., 169. 

House Jour- 
nal, p. 134. 



Resolved That the Sum of Two hundred and sixty seven pounds 
be granted and allowed to be paid out of the public Treasury to 
the hon^'*^ Harrison Gray Esq' Treasurer and Receiver General of 
his Majesty's Revenues of this Province for a years Service ending 
the twenty third day of Decem'' last. \^Passed January 30. 



CHAPTER 120. 



Legislative 
Records of the 
Council, 
xxvii., 169. 
Mass. 

Archives, 1., 
276. 

House Jour, 
nal, p. 134. 



RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER. 

In the House of Repres"*' 

Resolved, That there be granted and allowed to be paid out of 
the publick Treasury the sum of four Shillings per Diem, to the 
honorable Thomas Gushing Esq' Speaker of the House, for every 
Day of his Attendance in the General Court, from the opening of 
the Session on the twenty seventh Day of May, One Thousand seven 
Hundred and Sixty seven, over and above his Pay as a Member of this 
House. 

In Council. Read & Concurred. \^Passed January SO. 



CHAPTER 121. 



RESOLVE ALLOWING £90 TO THE CLERK OF THE HOUSE. 



Legislative 
Records of the 
Council, 
xxvii., 169. 

House Jour- 
nal, p. 134. 



Resolved That there be granted and allowed to be paid out of the 
public Treasury the Sum of Ninety pounds to M' Samuel Adams 
Clerk of the House of Representatives for his Service during the 
several Sessions for the current year. \^Passed January 30. 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-G8. 285 

CHAPTER 122. 

RESOLVE ALLOWING £50 TO THE LIEU'^ OF THE CASTLE. 

Resolved That there be allowed and paid out of the public Treas- Legislative 
ury the Sum of Fifty pounds to John Phillips Esq^ Lieutenant of ^unciT'*^^ 
his Majesty's Garrison at Castle William in consideration of his xxvii., no. 
faithful discharge of that trust. \^Passed January 30. House Jmir- 



CHAPTER 123. 

RESOLVE ALLOWING £40 TO THE CHAPLAINS OF CASTLE WILLIAM. 

Resolved That there be allowed and paid out of the public Treas- Legislative 
ury the Sum of Forty pounds to the Chaplains at his Majesty's Castle counc'if, ^* ^''^ 
William for one year, in proportion to their several services and in xxvii., no. 
consideration of their faithful discharge of that trust. \^Passed ^^^^^l^- 
January SO. 

CHAPTER 124. 

RESOLVE ALLOWING £12 TO THE CHAPLAIN OF THE TWO HOUSES. 

In the House of Representatives. Legislative 

Resolved That there be allowed and paid out of the public Treas- councif, ° 
ury the Sum of Twelve pounds to the Rev** M"^ Samuel Cooper Chap- ^^^"•' ' 



170. 



lain to the hon^'® Board and to this House the current year. naTri^'^'^ 

In Council, Read and Concurred- \^Passed January 30. 



CHAPTER 125. 

RESOLVE ALLOWING £200 TO THE PRESIDENT OF HARVARD COLLEGE. 

Resolved That the Sum of Two hundred pounds be granted and ^efords^of the 
allowed to be paid out of the public Treasury to the Rev*^ M'' Edward councii,_ 
Holyoke President of Harvard College over and above the Rents of ^^^"•'^'"' — 
Massachusetts Hall for one year ending the tenth day of September na^j^p^m^'^" 
next to be paid Quarterly. \^Passed January 30. 



CHAPTER 126. 

RESOLVE ALLOWING £100 TO PROFESSOR WINTHROP. 

Resolved That there be granted and allowed to be paid out of the Legislative 
public Treasury to John Winthrop Esq' Hollisian Professor of Math- g^^ncfr**^^ 
ematics and Natural Philosophy at Harvard College in Cambridge xxvii., no. 
the Sum of One hundred pounds as a Gratuity in consideration of House Jour- 
his faithful discharge of the great & important trust reposed^in him "^'P' 
and for his further encouragement therein, \^Passed January 30. 



286 



Province ljAws{Iiesolves,etc.). — 1767-6^. [Chaps. 127-129.] 



CHAPTEK 127 



Legislative 
Records of the 
Council, 
xxvii., 171. 

House Jour- 
nal, p. 134. 



RESOLVE ALLOWING £100 TO PROFESSOR WIGGLESWORTH. 

Resolved That there be granted and allowed to be paid out of the 
public Treasury to M'' Edward Wigglesworth Hollisian Professor of 
Divinity at Harvard College in Cambridge the Sum of One hun- 
dred pounds for one years Service ending at this time as a Gratuity 
in consideration of his faithful discharge of the great and impor- 
tant trust reposed in him. [Passed January 30. 



CHAPTER 128. 



ORDER IMPOWERING A COMMITTEE TO TAKE A LIST OF THE VALUA- 
TIONS OF ESTATES IN MURRAYFIELD AND NOTIFYING A TOWN 
MEETING, 



Legislative 
Records of the 
Council, 
xxvii., 172. 

House JoHT- 
n:il,pp.l32,141. 
Ante, p. 123, 
chap. 20. 



The FOLLOWING Order passed on the Petition of Timothy Paine 
and John Murray Esq" Agents for the Town of Murrayfield viz' 

Eead and 

Ordered That Abijah Willard Esq% Eldad Taylor Esq^ and Cap* 
Charles Baker or any two of them be impowered to take a List 
of Valuation upon Oath of all the Eateable Estate Real and per- 
sonal in said Murrayfield, they first giving at least ten days notice 
to said Inhabitants before they proceed on said business by posting 
up a Notification in said Town, and when they have compleated 
said List make return thereof to Timothy Smith, John Smith and 
Malcomb Henry Selectmen chosen in said Town for the year 1766, 
and upon receipt thereof the said Selectmen be impowered to make 
out their Warrant to some principal Inhabitant of said Town requir- 
ing him to notify a Meeting of said Inhabitants qualified to vote in 
Town affairs to meet and Assemble in said Town for the choice of 
Town Officers for the ensuing year, and that the Valuation so taken 
be the Rule for determining the qualification of Voters at said Meet- 
ing; and that Simeon Strong Esq' be appointed to Moderate at said 
Meeting, and that if it should so happen that the said valuation 
cannot be taken in convenient time for holding said Meeting in 
March next, that said Meeting be held as soon after as it conven- 
iently may be, and the transaction of said Inhabitants at said Meet- 
ing be valid to all intents and purposes as if the said Meeting had 
been held in the Month of March. [Passed February 1. 



Legislative 
Records of the 
Council, 
xxvii., 173. 

House Jour- 
nal, pp. 97, 100, 
131, 141. 



CHAPTER 129. 

RESOLVE IMPOWERING W*' SAWYER, GUARDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of William Sawyer of Reading Guardian of Betty 
Pope of Danvers a Minor setting forth That the said Minors Estate 
lyes chiefly in Land and a number of pieces intermixed with other 
Lands which belonged to her late Father John Pope deceased by 
which means they are unfit for a settlement and the said Minor 



[2d Sess.] PiioviNCK Laws (liesolves, etc.). — ITGT-OH. 287 

being now of years of discretion is desirous of having them sold: 
And praying that he may be impowered to malie Sale of said Lands 
accordingly, the produce thereof to be improved at Interest for the 
benefit of the said Minor. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the Petitioner be impowered to make Sale of all the Lands men- 
tioned in the Petition to the best advantage for the said Minor, and 
in his said capacity execute a good deed or deeds of the same to the 
purchaser, and the Money arising from said Sale to [be] ' put to in- 
terest on good security, such interest, so far as shall be necessary, to 
be improved for said Minors best advantage during her minority and 
the principal to be paid to her when she shall arrive to lawful age 
or at Marriage which shall first happen, the Petitioner giving due 
caution to the Judge of Probate for Middlesex to perform accord- 
ingly, and to account with him touching his proceedings in the 
Premises when and so often as thereunto lawfully required. \^Passed 
February 1, 

CHAPTER 130. 

RESOLVE IMPOWERING ELISHA MARSH, GUARDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elisha Marsh of Westminster Guardian to five of Legislative 
his Children Minors setting forth That the said Minors with Sarah councfr* '^^ 
his other daughter who is of age, are interested in six seventh parts xxvii., i74. 
of three Acres of Laud lying in Hingham and in common with the ^ °i"^® '^'^-'"^40 
other seventh part owned by Thomas Lothrop which Land is in- U4.' ^Province' 
capable of a Division among them: And Praying that he may be cha^f'io.'* ^^^' 
impowered to make sale of the same for the benefit of his said 
Children. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner be and hereby is impowered to make Sale of the Lands 
mentioned in this Petition for the most the same will fetch, and 
make and execute a good deed or deeds in Law to the purchaser or 
purchasers. He observing the Rules of the Law for the Sale of Real 
Estate by Executors and Administrators, and giving proper caution 
to the Judge of Probate for the County of Suffolk that the Money 
arising by said Sale be put to interest for the benefit of the Heirs, 
and to account for said principal and Interest, and pay the same 
to said Heirs when lawfully required in proportion to their interest 
in said Real Estate. \^Passed February 2. 



CHAPTER 131. 



RESOLVE IMPOWERING STEPHEN LITTLE, GUARDIAN, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Stephen Little of Newbury Guardian to Tristram Legislative 
Coffin Bartlett a Minor of the same Town of the age of nine years Set- ^ou°cif *^* *^^ 
ting forth That the said Minor is in right of his Father Samuel Bart- xxvilI 175. 

> Inserted from the House Journal, p. 100. 



288 



Province Ijxvf^ {Resolves, etc.). — 1767-68. [Chaps. 132, 133.] 



House Jour- 
nal, pp. 139,144. 
Province 
Laws, ii., 151, 
chap. 10. 



lett late of said Newbury deceased intitled to his dwelling House with 
the Buildings and divers Lands near and commodious thereto: that 
he is also intitled to a piece of Land in said Town containing about 
thirty Acres about four Miles distant from the said dwelling House 
with an old House and Barn thereon which together with the Fences 
thereon are in a ruinous condition, and that the said Minors income 
is insufficient for the Repairs thereof, and for the said Minors edu- 
cation, he having no Personal Estate at all. And praying that he 
may be impowered to make Sale of the said Thirty Acres for the 
benefit of the said Minor, the principal Sum to be secured for the 
said Minor 'till he shall come of age and the interest applied towards 
defreying the expence of his Education and of the Repairs of his 
other Estate. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
Stephen Little Guardian to the Minor mentioned in the Petition 
be, and he hereby is impowered in his said capacity to make Sale 
of the thirty Acres of Lands in the Town of Newbury as mentioned 
in this Petition for the most the same will fetch, and make and 
execute a good deed of the same to the purchaser; He observing the 
Rules and directions of the Law for the Sale of Real Estates by Ex- 
ecutors and Admin""^ and giving proper caution to the Judge of Pro- 
bate for the County of Essex that the Money arising by said Sale be 
applied for the benefit of said Minor as mentioned in this petition. 
\^Passed February 2. 



CHAPTER 132. 



RESOLVE ALLOWING £129 TO M« W^' BAKER. 



Legislative 
Records of the 
Council, 
xxvii., 176. 

House Jour- 
nal, p. 145. 



Resolved That there be allowed and paid out of the public Treas- 
ury to William Baker Doorkeeper to his Excell^ the Governor and 
this Court the Sum of One hundred and twenty pounds for his Ser- 
vice for one year to be paid Quarterly. {^Passed February 2. 



CHAPTER 133. 



RESOLVE GRANTING 1,000 ACRES OF EQUIVALENT LAND TO SAM^ BROWN. 



Legislative 
Records of the 
Council, 
xxvil., 178. 
Mass. 
Archives, 
cxviii., 325. 

Mass. 
Archives, 
cxviii., 323. 
Legislative 
Records of the 
Council, xxvi.i 
72. House 
Journal, 
pp. 127, 128, 130, 
I4(j. Province 
Laws, xii., 315, 
chap. 125. 



A Petition of Samuel Brown of Stockbridge Setting forth, That 
some time before the year 1739 there was granted to the people of 
Plymouth a Township called N" T in the Line of Towns which was 
afterwards sold to Mess" Hill & Keyes and called Hillsborough. That 
the duty of settlement enjoined by the Court being fully performed 
the Petitioner purchased One thousand Acres of Land in said Town- 
ship of Gershom Keyes at the price of £500 in 1739 as Bills of Credit 
then passed which he soon after sold at £550 and Warranted the 
same to the purchaser. That said Township has since fallen into 
the Province of Newhampshire and that said thousand Acres is in 
consequence thereof now held by other persons who utterly refuse 
to relinquish the same to the great damage of the Petitioner who 
now stands chargeable with the Sum he sold it for amounting as he 



[2d Sess.] FROyi-scE Laws (Besolves, etc.). — 1767-68. 289 

is informed with the Interest and difference of Money to more than 
£2,000 of the old tenor Money. And praying relief. 

Resolved that there be granted to the ^ Sam' Brown his heirs & 
assigns One thousand Acres of the Unappropriated Lands of the 
province lying in the County of Hampshire or Berkshire to [be 
laid] ' out in one peice Adjoining to some former Grant and that he 
return a plan thereof In twelve months for Confirmation. [Passed 
February 4. 



CHAPTER 134. 

RESOLVE ALLOWING £100 TO AND'^ OLIVER, ESQ«. 

A PETiTioisr of Andrew Oliver Esq'' Secretary of this Province Set- Legislative 
ting forth, That for divers years preceeding the year 1766 the Gen- counc'if, "* ^''^ 
eral Court had besides the usual Grants made him a further Grant xxvii., isi. 
upon his application to them for that purpose. And praying that House Jour- 
they would again make him such extraordinary Grant in considera- Province " 
tion of the Services in said Petition mentioned; and that they would IsT^chapT'isV; 
likewise make him a Grant for procuring Assistance in the Office as 6fX); chap 206.' 

usual. chap! 175; ' 

Eead & ^^182, chap. 

Resolved That the Sum of One hundred pounds be allowed and 
paid out of the public Treasury to the hon**^® Andrew Oliver Esq'' 
Secretary of this Province to enable him to pay for Assistance in 
his Office for the year past. [Passed February 5. 



CHAPTER 135. l^^'^'^'^^f . 

Records of the 
Council, 

ORDER ALLOWING £600 TO RICRi' JACKSON, ESQ'^. Mais.'' ^^^* 

Archives, 

Orderd that there be allowd & paid Out of the publick Treasury -^^'ii^^ 

to Eichard Jackson Esq' late Agent for this Province the Sum of Recordso^the 
Six hundred Pounds sterling in full for Ins Services from January 502"°hou8^^^'' 
24 1765 to February 5 1767 and that the Treasurer be & hereby is Journal, 
directed to purchase a Bill ^ Exchange & remit the same to Richard ifiutlil^l^^' 
Jackson Esq' accordingly as soon as may be. [Passed February 5. 



CHAPTER 136. 

ORDER ALLOWING £600 TO DENYS DE BERDT, ESQ^ 

Ordered that there be allowed and paid out of the public Treas- Legislative 
ury to Denys De Berdt Esq' the Sum of Six hundred pounds Ster- Records of the 
ling in full for the Services he performed for this Province at the xxvfi?!i82. 
Court of Great Britain from Novem' 1765 to Novem' 1767 and that Legislative 
the Treasurer be and hereby is directed to purchase a Bill ^ Ex- councif xx*^^ 
change and remit the same to Denys De Berdt Esq' accordingly as ios'^^^House^'"' 
soon as may be. [Passed February 5. Jp^iiel^zs, 135, 

, ^ , 143'6is,'l49.' 

Inserted from the Legislative Records of the Council, xxvii., 179. 



290 



Province Laws {Remlves, etc.). — ITGT-t^^. [Chaps. 137-139.] 



CHAPTEK 137. 



RESOLVE APPOINTING A HEARING ON THE LAND BANK AFFAIRS. 



Legislative 
Records of the 
Council, 
xxvii., 182. 

Legislative 
Records of the 
Council, 
xxvii., 162, 163, 
179,180. House 
Journal, 
pp. 138, 140, 146, 
147, 149. Prov- 
ince Laws, iv., 
189, chap. 20; 
919, chap. 19. 
Ante, p. 219, 
Chap. 226. 



The House having taken into consideration the plea offered by 
Robert Anchmuty Esq' to the Jurisdiction of this Court in the hear- 
ing ordered to be had before the whole Court on Wednesday the 27'^'' 
day of January last, which hearing was then had before the two 
Houses only (his Excellency having been prevented being present 
by indisposition) upon the Eeport of a Committee of both Houses 
the last Session wherein the Committee reported that a Bill be 
brought in to Assess the Sum of Seventeen hundred and forty 
pounds 7/3 with Interest from Septem'' 9"" 1740 on the late Direc- 
tors of the Land Bank Company as due to tlie Partners of said Com- 
pany. The said Plea having been duly considered, and it appearing 
that the Jurisdiction of this Court in the case mentioned hath been 
already established by sundry Acts of this Government which have 
received the Royal Sanction. 

Resolved That this Court will proceed to a hearing of the said 
affair on Tuesday next the 9 Instant at ten O'Clock in the forenoon 
npon the merits of the case. And that the parties concerned may 
then have liberty of being heard by themselves or by Council learned 
in the Law if they see cause. [Passed February 6. 



CHAPTEE 138. 

ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO THE DISTRICT 

OF CONWAY. 

Legislative Ordered that the District of Conway in the County of Hamp- 

Records of the , . , , , ^ . ^ t-. • t "^ i i . i "^ t^ • , i 

Council, shire be allowed a set oi Province Laws, and that the Printer be 

xxvii., 183. — directed to deliver them accordingly.' [Passed February 6. 



CHAPTER 139. 



RESOLVE GRANTING £183 TO HARRISON GRAY, ESQ^. 



Legislative 
Records of the 
Council, 
xxvii., 184. 



Archives, civ., 
501. 

Mass. 

Archives, civ., 
500. House 
Journal, 
pp. 161, 153. 
Ante, p. 284, 
chap. 119. 



A Petition of Harrison Gray Esq' Treasurer and Receiver Gen- 
eral of the Province Setting forth That over and above the ordi- 
nary Services & duties of his post, he hath borrowed the Sum of 
£197,000 and issued Government Securities for the same payable 
in June 1768. That he hath likewise paid the bounty on Wheat and 
Flour to the amount of £1,578.11.2. And with gratitude acknowl- 
edging the Grant made him for his common services, and praying 
a further allowance. 

[Read and] 

Resolved, that the Sum of One hundred & Eighty three pounds, 
be granted & paid out of the Publick Treasury to the Petitioner in 
full Consideration of the Extraord^ services mention'd in y^ Peti- 
tion. [Passed February 8. 

* Not found in the House JournaL 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 291 



CHAPTER 140. 

RESOLVE THANKING THE COMMISSARIES ON NEW YORK LINE AND 
DIRECTING THAT A COPY OF THE PROCEEDINGS BE DELIVERED TO 
EACH MEMBER OF THE COURT, &c. 

Resolved that the thanks of this Court be, & they hereby are given Legislative 
to the Commissaries, on the part of this Government, appointed to councu ^**'^* 
settle the boundary line, with New York, for their faithful discharge xxvii., iss. 
of their trust; and it is Archives, iv., 

Ordered that the Journal of the Proceedings at the Conference !!^: 

be printed & that a Copy be delivered to each Member of the Court House Jour. 
& also a Copy for the use of each town in the Province And ^n<e^p. -211, 

that the printing of the same be under the Inspection & Correction p^ara.chap. 
of the said Commissaries. \^Passed February 10. loe- 



CHAPTER 141. 

RESOLVE APPOINTING A FURTHER HEARING ON THE AFFAIRS OF THE 

LAND BANK. 

At THE HEARING yesterday on the Land Bank Affair M' Auch- Legislative 
muty in behalf of the Directors having declared that the Committee councif," ^ 
of the General Court in 1751 Setled all Accounts between the late Mai"'* ^^' 
Directors & Partners of said Bank, And that the balances reported Archives, civ., 

by S'^ Com*®^ as then due from Said Directors if paid must indem- ^-^. — -, 

nify Said Directors against all future demands upon them on Ac- Refords^ofthe 
count of Said Bank : and having Signified that he Should postpone xxvii^"i85 
what he had further to offer on Said Affair till the General Court House Joiir- 
Should determine whether the Settlement aforesaid ought to be province"*' ^^^' 
deemed a full Settlement of all Accounts between S*^ Directors & Laws, m., 551, 

T-, chap. 23; XIV., 

Partners 521, chap. 285. 

Resolved that this Court will hear the whole of what the Directors chap. 137?°' 
aforesaid have further to offer on the report of a Committee now 
under consideration of this Court relative to said Bank before they 
proceed to any determination thereon and that the further hearing 
be had on Friday next at ten o'Clock before noon. And in Order 
that this Court may have as full and clear an idea as may be of 
what is fit to be done further in that affair, the said Com**^ are 
hereby desired to attend at the same time, and declare the reasons 
on which they have founded the Several parts of their report, in 
order that the said Directors and all concerned may have an oppor- 
tunity to make Such observations on Said report and the reasons 
that may be offer'd in justification of it, as they, or any of them or 
any person or persons in their behalf shall think proper. \^Passed 
February 10. • 



292 



Province IjAVf^ {Resolves^ etc.). — 1767-68. [Chaps. 142-144.] 



CHAPTEK 142. 



RESOLVE ALLOWING £6 TO T. WOODBRIDGE. 



Legislative 
Records of the 
Council, 
xxvii., 1S6. 

House Jour- 
nal, p. 241 
(February, 
1766) ; p. 356 
(March, 1767) ; 
pp. 155, 156. 



A Petition of Timothy Woodbridge Esq'' Praying an allowance 
for eleven days time & expences viewing and apprizing by order of 
this Court three several Tracts of Province Land upon which divers 
persons had seated themselves, for which he hath as yet received 
no recompence. 

[Read and] 

Resolved That the Sum of Six pounds be allowed & paid out of 
the public Treasury to the Petitioner in full for his Services men- 
tioned in the Petition. \^Passed February 10. 



CHAPTEK 143. 



RESOLVE ALLOWING £2. 10 TO JN*^ CHADWICK. 



Legislative 
Records of the 
Council, 
xxvii., 187. 

House Jour- 
nal, p. 155. 
Supra, chap. 
142. 



A Petition of John Cliadwick Esq' setting forth, That he was 
employed with Timothy Woodbridge Esq' to view and Apprize two 
several Tracts of Province Land upon which divers persons had 
seated themselves, in which Service he spent five days. And pray- 
ing an allowance for his time and expences. 

Read, and 

Ordered That the Sum of Two pounds, ten shillings be allowed 
and paid out of the public Treasury to the Petitioner in full for the 
Services mentioned in the Petition. [Passed Fehrtiary 10. 



CHAPTER 144. 



RESOLVE ALLOWING £12 TO JN^ COX. 



Legislative 
Records of the 
Council, 
xxvii., 187. 
Mass. 
Archives, 
Ixvi., 405. 

Mass. 
Archives, 
Ixvi., 404. 
House Jour- 
nal, pp. 118, 153. 



A Petition of John Cox of Falmouth Setting forth That in the 
year 1758 Col" Waldo impressed his Sloop called the Ranger to carry 
about 140 men for the Relief of S' Georges Fort when attacked by 
the Indians, in which service He with five people together with said 
Sloop were employed six days, for which he hath as yet received no 
recompence. And praying an allowance. 

[Read and] 

Resolvd that the Sum of Twelve Pounds be allowd & paid out 
of the publick Treasury to the Petitioner in full of the Services 
within mentiond. \_Passed February 10. 



[2d Sess.] Province Laws {Itesolves, etc.). — 1767-68. 293 



CHAPTER 145. 

RESOLVE IMPOWERING SYBIL PRATT, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sybbel Pratt Widow of Oliver Pratt late of New- Legislative 
ton deceased Admin'' of his Estate and Guardian of their three Ohil- cou^cu ^^''^^ 
dren Minors all under the age of five years Setting forth, That the xxvii., iss. 
deceaseds Personal Estate is insufficient by the Sum of One hundred House Jour. 
pounds to pay his just debts. That he died seized of about twenty ^^i'i}if,'m\^i. 
seven Acres of Land lying partly in Newton and partly in Need- Province 
ham with part of a dwelling House, Barn, Stable Potters Shop, chap.io." 
Kiln House, Clay Mill, one half of a Forge and Blacksmiths Shop 
standing thereon, and one quarter part of a Grist Mill. That it 
is apprehended that it would greatly prejudice, if not spoil the 
whole to sell of so much only as would suffice to pay the debts. And 
praying that she may be impowered to dispose of the whole Interest, 
the quarter part of the Grist Mill excepted for the payment of the 
debts aforesaid, the remainder to be put on Interest for the benefit 
of those concerned therein. 

[Read and] 

Resolved That the prayer of this Petition be granted and that the 
Petitioner be and hereby is impowered to make sale of the deceaseds 
Real Estate as mentioned in this Petition for the most the same 
will fetch (excepting one quarter part of a Grist Mill) which is to 
be reserved with so much of the Interest of the Money arising by 
the Sale abovesaid as to be equal to one third part of said deceaseds 
Real Estate which is to be for the use and benefit of the said Widow 
during her natural life, and to make and execute a good deed or 
deeds in Law to the purchaser or purchasers. She observing the 
Rules and directions of the Law for the Sale of Real Estates by 
Executors and Admin", and giving proper caution to the Judge of 
Probate for tlie County of Middlesex that the Monies arising by such 
Sale be applied for the payment of said deceaseds just debts and 
charge of Sale, and the overplus to be put at Interest for the ben- 
efit of the Heirs; she to account for the principal and Interest of 
said Overplus, and pay the same to the said Heirs when lawfully 
required in proportion to their respective Interests. \_Passed Feb- 
ruary 11. 



CHAPTER 146. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
NATHi- SEARS FOR A REHEARING OF A CASE. 

A Petition of Nathaniel Sears of Rochester Setting forth. That Legislative 
in February last he bought of one Francis Nurse of New Rutland a councff,°**^® 
Waggon for which he was to give him forty shillings; that after he xxvii., i89. 
had repaired it Timothy Nurse Father of the said Francis took the House Jour. 
Waggon from the Petitioner on pretence of his said Son's being a 'P' '• 
Minor, whereupon the Petitioner brought an Action of Trespass 
against him before one of his Majesty's Justices of the peace and 
recovered damages and costs against the said Timothy who Appealed 
from said Judgment to the Inferior Court of Common pleas for the 



294 



Province Laws (jResoZves, e^c). — 1767-68. [Chaps. 147-149.] 



County of Worcester, which Action was continued to January, but 
the Petitioner imagining that the Court was to be held in February 
was called out. And praying liberty of a Rehearing of the said Case. 

[Read and] 

Ordered that the Petitioner notify the adverse party to shew cause 
on Tuesday the 23'* Instant, if this Court shall then be sitting, or 
otherwise on the first Tuesday of the next May Session why the 
prayer of this Petition should not be granted, and that Execution 
be stayed in the mean time, the Petitioner giving caution to the 
Sheriff of the County of Suffolk for the payment of such Sum as 
shall be finally adjudged for him to pay. \^Passed February 11. 



CHAPTER 147. 



COMMITTEE ON POTASH. 



Legislative 

Records of the 

Council, 

xxvii., 190. 

Mass. ORDER SUBSTITUTING MR. DANIELSON FOR COL" PATRIDGE ON THE 

Archives, lix., 

554. 



Orderd that M'' Danielson be of the Committee to consider of the 



Legislative 
Records of the 

67'i24^186'Y(m' ^^^^ mctliod for preventing the Adulteration of Potash & to preserve 
276,356,443,446, that manufacture in the Province in the Room of Coll Partridge who 
Journal, p.^se".^ is absent.' \^Passed February 11. 



CHAPTER 148. 



Legislative 
Records of the 
Council, 
xxvii., 190. 

House Jour- 
nal, p. 140. 



ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO THE DISTRICT 

OF HUBBARDSTON. 

Ordered That the District of Hubbardston be allowed a set of the 
Province Laws at the Public expence, and that the Printers be directed 
to deliver the same accordingly. \^Passed February 11. 



CHAPTER 149. 

RESOLVE DIRECTING THE PROV. TREAS« TO GIVE BOND FOR THE 
FAITHFUL DISCHARGE OF HIS DUTIES. 



Legislative 
Records of the 
Council, 
xxvii., 190. 

House Jour- 
nal, pp. 157, 158. 
Infra, chap. 
150. 



In the House of Representatives. 
Resolved That no person who shall be chosen by this Court into 
the Office of Treasurer and Receiver General for this Province for 
the present year shall be esteemed duly qualified to enter upon the 
execution of that Office until he shall first have an Oath administred 
to him for his faithful performance of his said Office, and shall give 
Bond with sufficient sureties to the acceptance of a Committee ap- 
pointed by this Court for that purpose in the Sum of Thirty thou- 
sand pounds lawful money to the three eldest Councellors in the 
Province for the time being who are hereby appointed a Committee 
in behalf of the Province and especially Authorized for this pur- 

' This order is not signed in the Secretary s copy of Legislative Records of the Coun- 
cil, xxvii., 190, or in the Mass. Archives, lix., .554, but in the State Library copy, xxvii., 
195, we have the following, viz., " Consented to by the Governor." 

This substitution not found in the House Journal. 



[2d Sess.] Province Ija^s (Jiesolves, etc.). — 1767-(38. 295 

pose; which Bond shall be conditioned for such Treasurers truly & 
faithfully discharging the duty of his Office according to Law, and 
for his rendering an Account when and so often as he shall be re- 
quired by the General Court, of all such Sum or Sums of Money 
as he shall from time to time receive into the Treasury and for his 
well and truly paying to his Successor in said Office or to any other 
person that may be appointed by the General Court to receive the 
same, all such Sum or Sums of Money as upon such settlement of 
his said Accounts or otherwise shall be found due and payable from 
him to the Province ; provided that the said Bond be put in suit 
within three years next after the date hereof, otherwise to be void 
and of no effect. And that CoP Williams and M"" Hall with such as 
the hon''''' Board shall Join be a Committee to judge of the sufficiency 
of such as may offer to become Sureties for the Treasurer as afore- 
said. 

In Council, Kead and Concurred, and James Bowdoin Esq' is 
joined in the affair. [Passed February 11. 



CHAPTER 150. 



VOTE CHOSING HARRISON GRAY PROVINCE TREASURER. Legislative 

Records of the 
T-. A » 1 TT T -, , Council, 

Pursuant to the Agreement of the two Houses they proceeded xxvii., 192. 
to the choice of Civil Officers for the present year, and first of a House .Jour- 
Treasurer and Receiver General for the Province, when Harrison ^tpra/chkp. 
Gray Esq' was chosen by a major vote of the Council and House i^^. 
of Representatives. [Passed February 11. 



CHAPTER 151. 

VOTE CHOSING THOMAS HUBBARD COMMISSARY GENERAL 

Pursuant to Agreement of the two Houses they proceeded to Legislative 
the choice of Civil Officers for the present year, when Thomas Hub- c^un^Jf''* "^^^ 
bard Esq' was chosen the Officer for purchasing Provisions &c for xxvii., 192. 
the several Forts and Garrisons by a major part of the votes of the House Jour- 
Council and House of Representatives. [Passed February 11. nai, p. iss. 



CHAPTER 152. 

vote CHOSING JAMES RUSSELL IMPOST OFFICER. 

Pursuant to Agreement the two Houses proceeded to the Legislative 
choice of Civil Officers for the present year when James Russell counci? °* *^^^ 
Esq' was chosen Commissioner of Impost by a major part of the xxvii., 192. 
Council and House of Representatives. [Passed February 11. House Jour- 

•^ nal, p. 158. 



296 



Province Laws {Resolves, etc). — 1767-68. [Chaps. 153-155.] 



CHAPTER 153. 



VOTE CHOSING THOMAS GOLDTHWAIT TRUCK MASTER AT FORT 

POWNAL. 



Refords of the '^^^ '^^^'^ HOUSES according to Agreement proceeded to the choice 
Council, of Civil Officers for the present year when Thomas Goldthwait Esq' 

^^^""' — was chosen Truckmaster for Fort Pownall by a major vote of the 
na°i"p! 159?*^' Council and House of Representatives. \_Pas6ed February 11. 



CHAPTER 154. 

VOTE CHOOSING PUBLIC NOTARIES. 

Rlford^of the "^^^ ^^^ Houses according to Agreement proceeded to the choice 
Council, of Civil Officers for the present year when the undermentioned per- 

^^^"'' — sons were chosen public Notaries by a major ^'ote of the Council 
nai!^p!i69?^ & House of Eepresentatives. 

Suffolk For the Port of Boston . . . f Ezek> Goldthwait Esq' 

I Henry Alline jun"^ 

r Salem John Nutting Esq'' 

I Ipswich M' Samuel Sawj'cr 

Essex I Marblchead John Chipman Esq' 

I Newbury William Atkins Esq' 

[ Glocester Daniel Withani Esq' 

Middlesex Charlestown M' Nath' Gorham 

Plymouth Plymouth M' Edw'i Winslow jun' 

Barnstable I l^^rnstable Solomon Otis Esq' 

I Falmouth Thomas Smith Esq' 

Bristol I v^°l"^T^K^^^v ^f **' 

I Jilisha iobcy Esq' 

Dukes County Edgartown M' John Pease jun' 

Nantucket Obed Hussey Esq' 

( York Daniel Moulton Esq' 

York \ Kittery Charles Chauncey Esq' 

I Wells Jn'^ Wheelwright Esq' 

Cumberland Falmouth ...... Stephen Longfellow Esq' 

Lincoln M' Tho« Moulton 

\^Passed February 11. 



CHAPTER 155. 



ORDER DIRECTING THE COMMITTEE ON THE LAND BANK AFFAIRS TO 
MAKE THEIR REPORT IN WRITING. 



Legislative 
Records of the 
Council, 
xxvii., 194. 
Mass. 

Archives, civ., 
525. 

Legislative 
Records of the 
Council, xxvi., 
497. House 
Journal, p. 163. 
^n<e,p.291. 
Chap. 141. 



Ordered That the Committee last appointed to adjust the Affairs 
of the late Land Bank Company be directed to reduce to writing 
the Facts and reasons upon which they framed their Eeport now 
under consideration of the court, and set forth the Evidence upon 
which they proceeded ; and that they serve Eobert Auchmuty Esqr 
who appears in behalf of the late Directors with a copy of the same 
as soon as may be ; who is also directed to reduce to Writing his 
Answer thereto; and that both be laid before this Court on Friday 
the lO*^*^ Instant for their consideration. \^Passed February 12. 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 297 



CHAPTER 156. 

RESOLVE IMPOWERING NICH" BAYLIES, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Nicholas Baylies Admin"' of the Estate of Cap'^ Legislative 
William Austin late of Taunton deceased Setting forth That the counc'i?,''^ "'® 
deceaseds debts amount to £34:0.1.91/^ more than his Personal Estate; xxvii., vji. 
and that the said deceaseds Estate is represented Insolvent, but that ^°,"*^ '^"'"'■- ^ 

, 1 /-< • • • , 1 i • ,1 /-.T • 1 T 1 nal,pp.l40, 160. 

the Commissioners appointed to examine the Claims had not reported Province 
in season for the Superior Court to take cognizance thereof. And clmp^io."' ^''^' 
Praying that this Court would impower him to make Sale of the 
deceaseds Real Estate, excepting the Widows Dower or thirds in 
the same that the Creditors who may be prejudiced by a delay may 
be paid their respective dividends. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner in said capacity be and hereby is impowered to make Sale 
of the Lands mentioned in the Petition, reserving to the Widow as 
within expressed, and make a good deed or deeds thereof to the 
purchaser or purchasers of the same He observing the directions of 
the Law in selling Real Estates by Exec" & Admin", and that he 
give caution to the Judge of Probate of Wills &c for the County 
of Bristol that he will apply the monies arising from said Sale to 
the payment of the deceaseds just debts. \^Passed February 12. 



CHAPTER 157. 

RESOLVE IMPOWERING SUSANNAH HARTSHORN, ADM^, TO CONFIRM 
FORMER SALE OF REAL ESTATE AND EXECUTE A DEED THEREFOR 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Susanna Hartshorn of Reading Admin^ of the Legislative 
Estate of her late husband Thomas Hartshorn of said Reading de- councif °* '^^'^ 
ceased Setting forth That her said husband did in his life time xxvii., 195. 
bargain and sell unto Andrew Beard of said Reading one fourth House Jour- _ 
part of a dwelling House and about twenty one Acres of Land ad- pro^ncl^^' ^^** 
joining, about three Acres of Land lying at some distance, and about ^^^^',q-' ^^^• 
an Acre and three quarters of meadow, for which the said Andrew '^ 
had paid a part of the money agreed for; but that her Husband 
dying suddenly the deed was not given. And praying that she may 
be impowered to execute a Deed of the Premises as had been agreed 
between the said Parties. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner in her said capacity be and hereby is impowered to con- 
firm the bargain and Sale of the Lands and the fourth part of the 
dwelling house within mentioned by her late husband and execute 
a good deed thereof unto the said Andrew Beard ; she giving caution 
to the Judge of Probate of Wills &c for the County of Middlesex that 
the remainder of the Money a|.ising from said bargain and Sale besides 
what was received by her said Husband shall be distributed among 
the Heirs according to the rules and directions of the Law for dis- 
posing of Personal Estate Intestate. \^Passed February 12. 



298 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 15«-1G0.] 



CHAPTER 158. 



RESOLVE IMPOWERING DAV" DAMAN, GUARDIAN, TO SELL LAND AND 
MAKING PROVISIONS IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 196. 

House Jour- 
nal, pp. 116, 157. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of David Daman Guardian to Mehitabel Taylor of 
Reading a person Non compos mentis Setting forth, That the said 
Mehitabel is seized of eleven Acres of Woodland in right of her 
Father Thomas Taylor deceased, which Land affords no Income to 
the said Noncompos, who is able to do very little towards her own 
support. And praying that he may be impowered to make sale of 
the said Land for the benefit of the said Mehitabel. 

[Read and] 

Resolved That the prayer of this Petition be granted, and the 
Petitioner in said capacity be and hereby is impowered to make 
Sale of the Land within mentioned and execute a good deed or 
deeds thereof to the purchaser or purchasers of the same, He ob- 
serving the rules of the Law for selling Real Estates by Executors 
and Admin", and giving caution to the Judge of Probate of Wills 
&c for the County of Middlesex that the monies arising by said Sale 
shall be improved in the best manner for the use and benefit of the 
said Mehitabel. \^Passed February 12. 



Legislative 
Records of the 
Council, 
xxvii., 196. 

House Jour- 
nal, p. 161. 



CHAPTER 159. 

RESOLVE GRANTING TO 'SiOW ORR LICENCE TO SELL STRONG DRINK. 

A Petition of Robert Orr of Dighton setting forth. That he was 
occasionally out of the Province at the time for granting Licenses 
to Retailers And Praying that the next Court of General Sessions 
of the peace for the County of Bristol may be impowered to grant 
him a License for the retailing Spirituous Liquors, he having been 
already approbated by the Selectmen of said Town for that purpose. 

[Read and] 

Resolved That the prayer of the within Petition be so far granted 
that the Court of General Sessions of the peace to be holden at 
Taunton in and for the County of Bristol on the second Tuesday 
of May next, be and hereby are impowered to grant Licenses to 
the within named Petitioner, He obtaining the Approbation of the 
Selectmen of the Town of Dighton for that purpose, the time for 
granting Licenses being elapsed notwithstanding. [^Passed Feh- 
ruary 12. 



CHAPTER 160. 



RESOLVE IMPOWERING JOS. BUFFUM, ADM», TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



A Petition of Joseph Buffum Admin"' of the Estate of James 



Legislative 

councnr**^^ Buffum late of Salem' Hatter dec** Setting forth That the said 

xxvii ., 197. James died without Wife or issue, that a considerable part of his 

nai^pp'm'^iei Estate consists of Buildings which are constantly going to decay, 



[2d Sess.] Province Laws (7?eso?i;es, e<c.). — 1767-68. 299 

the income whereof is not equal to the Interest of the Money due i62. Province 
from said Estate, whereby the only ground of hope that there will JiJap^ioi' ^^^' 
be any thing left for^the Heirs is in the speedy Sale of the Real 
Estate. And Praying that he may be impowered to sell the same 
accordingly, 

[Read and] 

Resolved That the prayer of the within Petition be granted, and 
the Petitioner be and hereby is impowered to make sale of the whole 
of the Real Estate within mentioned for the most the same will sell 
for, and to make and execute a good deed thereof, he observing the 
rules of the Law for the Sale of Real Estates by Executors and Ad- 
min" and giving sufficient security to the Judge of Probate for the 
County of Essex that the proceeds of said Sale be applied for the 
payment of the deceaseds just debts, and the overplus if any there 
be, secured for the benefit of the Heirs of said deceased. \^Passed 
February 12. 



CHAPTER 161. 

ORDER IMPOWERING SHARP FREEBORN AND ESTHER HIS WIFE. 
INDIANS, TO SELL LAND AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 

A Petition of Sharp Freeborn of Paxton & Esther his Wife Legislative 
daughter of Peter Lawrence late of Grafton Indian Planter de- councif *^' *^* 
ceased Setting forth That at the last Session of this Court he xxvii., I'gg. 
obtained leave to sell her part of her said Fathers Estate of the House Jour, 
value of about £40 in order to discharge a Mortgage on his own iif/ife^iei'.*'^' 
Estate to the amount of the like Sum, which leave was granted ^iJa*' Ig "*^' 
upon condition he should execute a Deed of Release of his own 
Estate for the benefit of the said Esther and her Heirs: but inas- 
much as his said Estate is of double the value of the said Esther's 
Lands, Praying that he may be impowered to sell the same upon 
his securing to her and her Heirs an equivalent in his own Estate. 

Read & 

Ordered That the prayer of this Petition be granted, and the said 
Sharp and Esther are hereby impowered by and with the consent and 
under the direction of the Guardians of the Hassanamisco Indians 
to sell the aforementioned twenty two Acres of Land the said 
Esthers third or share in her Father's Estate for the most the same 
will fetch, and make and execute a good and sufficient Deed or 
deeds thereof. Always provided the proceeds thereof shall be ap- 
plied to the discharging of the Mortgage mentioned in this Peti- 
tion, and the Overplus, if any be, shall be ' remain in the hands of 
the s** Guardians for the benefit of the said Sharp and Esther. Pro- 
vided also that when the said Mortgage shall be discharged, the said 
Sharp shall and he hereby is impowered to execute a deed of Release 
to the said Guardians of so much of the Lands whereon he now 
dwells in Paxton in trust for the benefit of said Esther and the 
Heirs of the s"* Esther after the decease of the said Sharp as the 
Guardians aforesaid shall Judge to be of equal value to the said 
Esther's share in her Father's Estate. \Pas8ed February 12. 

1 Sic. 



300 



Pkovince LiAws {Besolves, etc.) . — 1767 -QS. [Chaps. 162-164.] 



CHAPTER 162. 



Legislative 
Recorda of the 
Council, 
xxvii., 202. 

House Jour- 
nal, p. 41 
(1766-67) ; 
pp. 112, 126, 152, 
165. 



ORDER APPOINTING A COMMITTEE TO EXAMINE TITLE TO LANDS IN 
WORCESTER COUNTY. 

A Petition of Benjamin Davis living near Oxford in the County 
of Worcester Setting forth That there are several hundred Acres 
of Province Land as he apprehends lying between Douglass and 
Dudley and near to Oxford; that although said Land hath never 
been granted away, yet divers persons have laid claim to it. And 
Praying that he may be allowed to purchase the s^ Land, or if the 
Government should not choose to maintain a dispute about it, that 
they would quit claim to him their Title upon such terms as they 
shall judge reasonable. 

In Council, Read and 

Ordered That Timothy Paine Esq' with such as the hon'''^ House 
shall join be a Committee to treat with the Persons who under colour 
of a title from this Government have entered into possession of the 
Lands mentioned in this Petition and to release and quit Claim the 
same to them upon such considerations as the said Committee shall 
judge reasonable. 

In the House of Representatives, Read and Concurred and Cap*^ 
Brown & Cap* King are joined. [Passed February 13. 



CHAPTER 163. 



Legislative 
Records of the 
Council, 
xxvli., 204. 
Mass. 

Archives, ex., 
320. 

Legislative 
Records of the 
Council, 
xxvli., 144. 
House Jour- 
nal, pp. 120, 149. 



RESOLVE FOR AN ADDITIONAL ESTABLISHMENT FOR FORT POWNAL. 

In the House of Representa^* 

The House taking under consideration his Excel'' Message of the 
19*" Jan^ with respect to Fort Pownal 

Resolved that there be a further Establishment of Eight privates 
for the defence of Said Fort at the rate of one pound four ShilP 
^ month, and also for one Chaplain at the rate of four pounds ^^ 
Month, ending the 20''' of June Next. 

In Council Read & Concurred. [Passed February 15. 



Legislative 
Records of the 
Council, 
xxvil., 207. 

House Jour- 
nal, p. 170. 



CHAPTER 164. 

ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO PIGWACKET. 

Ordered that the Proprietors of a Place called Pigwacket be 
allowed a set of the Province Laws, and that the Printers be 
directed to deliver the same. [Passed February 16. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 301 

CHAPTEK 165. 

ORDER ALLOWING THE ACCOUNT OF JOSIAH EDSON, GUARDIAN. 

JosiAH Edson Esq" one of the Guardians of the Indians in the Legislative 
County of Plymouth presented an Account of the Sale of one third Q^un^f °'*'^® 
part of a twenty Acre Lot of Land in Bridgwater lately belonging xxvii.', m 
to Deborah Brand deceased for the payment of debts by order of Archives, 
this Court; whereupon the following Order passed viz* xxxiii.,462. 

Orderd that (the within Account being right cast & well vouchd) House Jour- 
the said Josiah Edson Esq'' be further accountable to the Heirs of Province ' 
Deborah Brand dec*^ viz Peter Brand & Joshua Brand for the Bal- ^l^^.^Vernbte!' 
lance being four pounds five shillings & nine pence & Interest ^^Jf^^- p- i^^- 
thereon from the 25"^ of April last. [^Passed February 16. 



CHAPTEE 166. 



ORDER ALLOWING THE ACCOUNT OF JOSIAH EDSON & JOHN TURNER, Legislative 

GUARDIANS. Records of the 

Council, 
xxvii., 208. 

Josiah Edson Esq"* and M'' John Turner Guardians of the Indians ^rcitives 
in the County of Plymouth presented their Account with Patience xxxiu., 460. 
Thomas Indian Woman at Mattakeset in Pembroke : whereupon the Mass. 
following Order passed viz* xxxm^flhg. 

Orderd that Josiah Edson & John Turner Esq" Guardians of the |ouse Jour- 
Indians in the County of Plymouth be further accountable for the Proviiice ' 
Ballance being the Sum of One hundred twenty one pounds five ^lfa^!'76Jnote^ 
shillings t& tenpence half peny belonging to Patience Thomas an 
Indian Woman at Mattakesett in pembrook. \^Passed February 16. 



CHAPTER 167. 

RESOLVE IMPOWERING DAVID TORRE Y, ADM" AND GUARDIAN, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 

A Petition of David Torrey Admin' of the Estate of Abner White Legislative 
late of Weymouth deceased intestate and Guardian to Asa White and councif °^ ^^^ 
Elizabeth White Children of said Intestate Setting forth, That he xxvii., 209. 
hath settled his administration account with the Judge of Probate House Jour- 
by which it appears that there is Sixty pounds due to the Petitioner; province^' 
that since the death of the said Abner his dwelling House has been Laws,ii.,i5i, 
wholly consumed by fire, whereby the Widow and Children are des- 
titute of an habitation; that since the death of their Father about 
six Acres & a half of Land hath fallen to his said Wards by the 
death of Thomas White their uncle. And praying that he may be 
impowered to make Sale of the said Land, and so much of the Land 
of their said Father as shall be sufficient to discharge the debts of 
the said Intestate, and to erect a small Building on the Estate for 
the accomodation of the Family. 



302 



Province Laws {Resolves, etc.). — 1767-68. [Chap. 168.] 



[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the Petitioner be and hereby is impowered in his said capacity as 
Admin' to make Sale of so much of the Real Estate of the said 
deceased for the most it will fetch where it shall be least prejudi- 
cial to the remainder as shall amount to the Sum of Sixty pounds 
for the payment of said deceaseds just debts, and such further Sum 
as shall be sufficient to pay the charges of the Sale and make and 
execute a good deed or deeds of the same to the purchaser or pur- 
chasers, he observing the direction of the Law for the Sale of Real 
Estate by Executors and Admin''^ Also further 

Resolved That the said Petitioner be and hereby is impowered in 
his said capacity as Guardian to Asa White and Elizabeth White 
Heirs of the said deceased to sell the six Acres and half of Land 
mentioned in this Petition belonging to the said Minors, and to 
make and execute a good deed or deeds to the purchaser or pur- 
chasers; he observing the rules & directions of the Law for the Sale 
of Real Estates by Executors and Admin", and giving caution to 
the Judge of Probate for the County of Suffolk that the proceeds 
of said Sale be applied for the Building a House for the use and 
benefit of said Minors. \^Passed February 17. 



CHAPTER 168. 



Legislative 
Records of the 
Council, 
xxvii., '210. 

House Jour- 
nal, pp. 9, 14t), 
161. Province 
Laws, x.,-2'20, 
chap. 174. 



RESOLVE CONFIRMING 300 ACRES LAND TO MIDDLECOT COOKE. 

A Petition of Middlecot Cooke Esq' Setting forth That on the 
11*^ of may 1659 tlie Great and General Court for divers good causes 
and considerations made a Grant to Jeremiah Belcher of three hun- 
dred Acres of Land, but as the said Land was not laid out in the 
life time of the said Jeremiah his Son Jeremiah preferred his Peti- 
tion to the General Court on the 17'^ of novem' 1722 who there- 
upon revived and confirmed the said Grant to him, who on the 21^'' 
of Novem' following by Deed conveyed the same to his Son Joseph, 
and the said Joseph by his Deed the l*"^ of January 1723 conveyed 
the same to Elisha Cooke Esq"" Father of the Petitioner which Grant 
has never been confirmed to him. And Praying that the said Grant 
may be revived, and as the Right is now vested in the Petitioner 
by virtue of his Fathers Will, that the Plan & return herewith pre- 
sented may be confirmed to him. The Land in said Plan is bounded 
as follows viz* begining at the Southeast corner of a Tract of Land 
laid to Jonathan Bagley Esq' joining upon the head of the Town- 
ship of Lebanon so called, and running by said Lebanon Xortheast 
and by East ninety six rods: then northwest by north by unap- 
propriated Lands seven hundred and twenty rods to the Northeast 
branch of Salmon falls River, and by said River until it comes to 
the north corner of said Bagley's Land and then by the same Land 
to the begining : Allowance being made of forty acres for a Pond 
and Heath lying within the same, as Surveyed by James Warren jun'' 

[Read and] 

Resolved That the within Plan of Three hundred Acres of Land 
delineated and described as it is set forth therein be accepted and 
hereby is confirmed unto Middlecot Cooke his Heirs and Assigns in 
lieu of and in full satisfaction for the Grant of Land formerly made 



[2d Sess.] Puovince Laws {Resolves, etc.). — 1767-68. 303 

by this Court of three hundred acres to Jeremiah Belcher May 11 
AD 1G59 and afterwards confirmed to Jeremiah Belcher Son of the 
aforesaid Jeremiah Nov"" 17 1722 which has not been heretofore taken 
up. Provided that it doth not exceed the quantity of three liundred 
acres, exclusive of the allowance of forty Acres for a Pond and 
Heath, nor interfere with any former Grant. \^Passed February 17. 



CHAPTEK 169. 

RESOLVE IMPOWERING SARAH ROSS TO SELL REAL ESTATE. 

A Petition of Sarah Ross Setting forth, That her Husband Legislative 

Records of the 

William Ross hath been absent from her more than four years, council, 
during which time she hath had no Letter or Account from him, xxvn., -iia. 
and that she hath had the small Pox since his departure which nai"pp'\*4Ti6T 
hath reduced her to great straits & difficulties and is now indebted no.' 
for the charges thereof and for her subsistence. That she hath a 
paternal Estate in the Town of Berwick, but no income to subsist 
upon. And Praying that she may be impowered to sell the said 
Estate that she may be enabled thereby to put herself in a way 
of business and procure a maintenance. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner be and hereby is impowered to sell and dispose of the 
Estate therein mentioned and to make and execute a good deed in 
Law to the purchaser or purchasers and apply the proceeds of said 
Sale to her own use and benefit : It appearing that the Lands men- 
tioned in the within Petition are worth One hundred pounds that 
they are unimproved Lands, that they bring in nothing, that they 
fall short of fifty Acres: that the Petitioner justly owes Thirty six 
pounds for Medicines and Attendance &c when she had the Small 
Pox, that she hath nothing wherewith to pay the same or support 
herself but the charity of her Friends, [^Passed February 18. 



CHAPTER 170. 

ORDER DIRECTING THE JUDGE OF PROBATE FOR THE COUNTY OF 
WORCESTER TO ALLOW FURTHER TIME TO ENTER CLAIMS AGAINST 
AN ESTATE. 

A Petition of William Molineux Attorney to Charles Ward Legislative 
Apthorp Esq"" Setting forth That Isaac Thomas late of Hardwick council!*' 
deceased was at the time of his Death indebted to said Apthorp on xxvu., 203, 213. 
two Notes of hand, about thirteen hundred pounds lawful Money, ^.f "^^^ '^'^^'igo 
and that the Estate of tlie said Isaac was by John Rowe Esq"" the i65,'i75,' ne! 
Admin'' represented Insolvent and Commissioners were accordingly chap. 6.' ^^'' 
appointed to receive the Claims, in consequence whereof the Peti- 
tioner gave to M' Rowe his demand upon said Thomas's Estate, 
who as he was going to Hardwick promised to give in the same to 
the said Commissioners; but after eighteen months were elapsed, it 
appeared that a division had been ordered without any regard had to 
the Petitioners Claim, which it seems had never been given in. And 



304 



Province Laws (i^esoZves, etc.). — 1767-68. [Chaps. 171, 172.] 



inasmuch as no dividend has been actually yet made, Praying that 
his Claim aforesaid may be allowed to be admitted, the time granted 
for giving in the same being elapsed notwithstanding. 

[Read and] 

Ordered that the prayer thereof be so far granted as that the 
Judge of Probate for the County of Worcester be, and he is hereby 
authorized and directed to allow the Creditors of the Estate of the 
said Isaac Thomas until the tenth day of June next to bring in 
their Claims to prove their debts due notice thereof being previously 
given them in manner as the Law directs; and in the distribution 
of the said Estate the aforementioned and any further demands on 
said Estate which after examination of 'em had by the Commis- 
sioners appointed for that purpose shall appear to be just, be con- 
sidered and admitted that so every Creditor may receive his just 
proportion of said Estate. \^Passed February 18. 



CHAPTER 171. 



RESOLVE IMPOWERING LYDIA MULLIKEN, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 215. 

House Jour- 
nal, pp. 146, 173. 
Province 
Lavrs, ii., 151, 
chap. 10. 



A Petition of Lydia Mulliken Admin'' of the Estate of her late 
husband Nathaniel Mulliken of Lexington deceased Intestate Set- 
ting forth That he some niontlis before his death purchased a Lot 
of Woodland of about Fifty acres lying in Lexington, wliereby his 
Estate is greatly involved and subject to pay interest, whereas the 
said Woodland brings in nothing. And Praying that she may be 
impowered as she has a prospect of selling the said Land to ad- 
vantage to make Sale thereof in order to discharge the debts due 
from the Estate, for which purpose she is ready to release her Right 
of Dower in the Land aforesaid. 

[Read and] 

Resolved That the prayer of this Petition be granted and that the 
Petitioner in lier said capacity be and liereby is impowered to make 
Sale of the Land mentioned in the Petition, and to execute a good 
deed or deeds thereof to the purchaser or jDurchasers of the same; 
She observing the Rules & directions of the Law for selling Real 
Estates by Executors and Admin''^ and giving caution to the Judge 
of Probate of Wills for the County of Middlesex that she will ap- 
propriate the money arising from said Sale to the payment of the 
deceaseds debts, and the remainder, if any, shall be secured for the 
benefit of the Heirs. [^Passed February 18. 



CHAPTER 172. 



RESOLVE ALLOWING £200 TO THE COMMISSARY GENERAL. 



Legislative 
Records of the 
Council, 
xxvll., 220. 

House Jour- 
nal, p. 176. 



Resolved That there be allowed and paid out of the public Treas- 
ury to the hon^'® Thomas Hubbard Esq'' Commissary General the 
Sum of Two hundred pounds for one years Service ending the 
eleventh day of January last. \^Passed February 18. 



[2d Sess.] Province Laws (i?eso/ves, e^c). — 1767-68. 305 



CHAPTER 173. 

RESOLVE ALLOWING £20 TO M" STEPHEN SEWALL. Legislative 

Records of the 
Counc'll, 

Resolved that the Sum of Twenty pounds be allowed & paid out '^^^l'* 2^- 
of the Publick Treasury to M' Stephen Sewall Professor of the Archives, 

Hebrew & other oriental Languages at Harvard Colledge as a Gra- ^^'^•' ^'^' 

tuity, in Consideration of his faithfull Discharge Of that Trust ^aTp^nT' 
the Year past. \^Passed February 18. 



CHAPTER 174. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL 

COUNTY. 

The Account of Kobert Luscombe Treasurer of the County of J^egisiative 
Bristol being laid before the Court for allowance the following council, 
Order passed thereon viz' xxvn., 22i. 

Resolved That the within Account being right cast & well vouched ^a^i^p*; l^^^' 
be allowed, and that the Treasurer of the County of Bristol be dis- 
charged of the Sum of One hundred and seventy five pounds six 
shillings and five pence which he has paid by order of the Court 
of General Sessions of the peace, and that he be further account- 
able for a balance of One hundred and seven pounds three shillings 
and two pence due to the County aforesaid when he shall receive 
it. \_Passed February 19. 



CHAPTER 175. 

RESOLVE IN REGARD TO LAND GRANTED JACOB GLEASON AND 

OTHERS. 

A Petition of Jacob Gleason, Samuel Warner Samuel Warner Legislative 
Jun'', Allen Goodrich and Lemuel Goodrich living on Province councif °* '^^^ 
Lands West of Lanesborough in the County of Berkshire Setting xxvii., 223. 
forth That they are upon a Tract of Land joining West on Dwights Legislative 
Line, and are bounded South on the north Line of Lands granted councif, *^* *^^ 
to Benj"* Goodrich •& others and north on Lands granted to Asa xxvii.,224. 
Douglass and others. And Praying that this Court would quit Claim nai, pp. 342,356 
to them the said Tract of Land being about nine hundred and fifty p^.^58^68^167,' 
Acres, they giving security to the Province Treasurer for what this i'*- 
Court shall Judge to be the worth of the premises. 

[Read and] 

Resolved That the prayer of said Petition be so far granted as 
that nine hundred forty three Acres & half of Land included in a 
Plan of Nine hundred ninety and one Acres of Land returned to 
this Court by Asa Douglass Jun"" be quit Claimed to the said Jacob 
Gleason, Samuel Warner, Samuel Warner Jun"", Allen Goodrich, 
Lemuel Goodrich and Asa Douglass Jun'' in equal shares or Divi- 
sions, to them, their Heirs and Assigns forever, upon condition that 
they give security to the Province Treasurer to pay him or his Sue- 



306 



Province 'LAW8{Besolves,etc.). — 1767-68. [Chaps. 176, 177.] 



cesser in that office Seventy and two pounds and fifteen shillings 
within one Year. Provided said Tract of Land do not interfere with 
any former Grant: and in case any of the abovenamed shall refuse 
or neglect to pay his or their proportion of said Sum of Seventy 
two pounds, fifteen shillings, then his or their share shall become 
the property of the other abovenamed Associates, they paying said 
delinquents projDortion. [Passed February 19. 



CHAPTER 176 



Legislative 
Kecords of the 
Council, 
xxvii., 227. 
Mass. 
Archives, 
xxxiii., 448. 

House Jour- 
nal, pp. 170, 181. 
Province 
Laws, XV., 738, 
chap. 523; xvi., 
241, chap. 76, 
note. 



RESOLVE DIRECTING THE GUARDIANS OF THE PLYM" INDIANS TO 
REIMBURSE THE PURCHASERS FOR DEFICIT IN LAND. 

The Representation of Josiah Edsou and John Turner Esq" 
two of the Guardians of the Indians in the County of Plymouth Set- 
ting forth That on the 8"' of march 1757 Patience Thomas Abigail 
Osgood and Caleb Brand of the Indian Tribe at Mattakeset within 
the Township of Pembroke obtained leave of the Court with the 
consent of their Guardians to make Sale of 1701/^ Acres of Land in 
said place which was accordingly sold to IS'ehemiah Gushing and 
Israel Turner of said Pembroke at £8.2/ old tenor ^ Acre soon 
after which the said Nehemiah sold his part to the said Israel who 
is now deceased. That the said Lands have been surveyed anew and 
found to contain only 144^/4 Acres and ten rods; and as they were 
sold by the Acre it appears reasonable that the purchasers should 
be reimbursed the overplus Money which they had paid as aforesaid 
with Interest. And Praying the direction of this Court concerning it. 

[Read and] 

Resolved that the Guardians of the Indians in said County of 
Plymouth, be, and hereby are Directed to repay (out of the Money 
in their hands belonging to Patience Thomas) unto those heirs of 
Israel Turner deceased, to whom the right of those lands belong, 
in and by the last Will and Testament of the said Israel the sum 
of forty Six pounds Eighteen Shillings & Eleven pence being the 
Exact Sum, with the Interest that the laud falling Short amounts 
to at the price it was Sold for. [Passed February 20. 



CHAPTER 177. 



Legislative 
Records of the 
Council, 
xxvii., 229. 
Mass. 
Archives, 
Ixxx., 651. 

Mass. 
Archives, 
Ixxx., 650. 
House Jour- 
nal, pp. 153, 180. 
Province 
Laws, xvii., 
100, chap. 234. 



RESOLVE ALLOWING £6 ANNUALLY TO JN" BEVERLY. 

A Petition of John Beverly Setting fortli, That He was a Sol- 
dier in the pay of the Province in 1760 and that on his return home 
in the winter being lost in the woods he was so frozen that he lost 
both his feet, nor are his legs healed to this day. And praying relief. 

[Read and] 

Resolv^ that there be pay^ out of the publick Treasury of this 
province to the Treasurer of the Town of Andover for the use of 
John Beverly of Said Town the Sum of Six pounds Lawfull Money 
and the Same Sum Annually untill the further Order of the Gen- 
eral Court to be Dispos<^ of by the Overseers of the poor of Said 
Town as they Shall judge most for the Advantage of Said Beverly. 
[Passed February 20. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 307 



CHAPTER 178. 

RESOLVE IMPOWERING JN" RAND, ADM», TO SELL LAND AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Rand of Sherburn Admin'" of the Estate of Legislative 
his late Father Caleb Rand late of said Sherburn in the County of coimcu,*' * ^ 
Nantucket dec^ Setting forth That the debts of the said deceased xxvii., 229. 
amount to £23.18.11 more than the whole of his Personal Estate: ^^^^^ '^?y^\^^ 

•11 !• 1 11 11>1T-»1 Dal| PP- I"*, 181. 

and praying that he may be impowered to sell so much or the Real Province 
Estate as shall be sufficient to discharge the debts aforesaid. cha^!'io."'^^^' 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the Petitioner in his said capacity be and hereby is impowered to 
make Sale of the Land mentioned in this Petition and to execute a 
good deed or deeds thereof to the purchaser or purchasers of the 
same he observing the Rules and directions of the Law for selling 
Real Estates by Executors and Admin" and giving caution to the 
Judge of Probate of Sherburn in the County of Nantucket that he 
will appropriate the monies arising from said Sale to the payment 
of the said debts mentioned in said Petition and charges of Sale. 
\_Passed February 20. 



CHAPTER 179. 

RESOLVE IMPOWERING JOSEPH MARSHALL AND OTHERS, GUARDIANS, 
TO SELL REAL ESTATE. 

A Petition of Joseph Marshall, Daniel Gardner and Jonathan Legislative 
Gardner all of Sherburn in the County of Nantucket Guardians to councif °**^^ 
the Person and Estate of Barnabas Gardner of said Sherburn who xxvu., 230. 
through age and infirmities is become Noncompos Setting forth. House Jour- 
That in order to provide for the support of the said Barnabas it is i^/.'is^'.^^prov- 
become necessary to sell a part of his Real Estate. And praying that isi^^a^^i"'* 
they may be enabled to sell a part of the Real Estate for the pur- 
pose aforesaid accordingly. 

[Read and] 

Resolved That the prayer of this Petition be granted and that the 
Petitioners in their said capacity be and hereby are impowered to 
make Sale of part of the Real Estate prayed for in said Petition to 
the amount of Eighty pounds lawful money and to make and exe- 
cute a good deed or deeds in Law to the purchaser or purchasers, 
he observing the Rules and directions of the Law relating to the 
Sale of Real Estates, giving caution to the Judge of Probate for 
the County of Nantucket that the money arising by such Sale be 
applied for the purposes mentioned in this Petition. [Passed Feb- 
ruary 20. 



308 



Province lJA^N% {Resolves, etc.). — 1767-68. [Chaps. 180, 181.] 



CHAPTER 180. 



Legislative 
Records of the 
Council, 
xxvii., 230. 

House Jour- 
nal, pp. 179, 183. 
Ante, p. 46, 
Cbap. 90. 



RESOLVE ALLOWING FURTHER TIME TO THE HEIRS OF ELIZABETH 
RAND TO LAY OUT A GRANT OF LAND. 

A Petition of Samuel Willis of Middleton in behalf of the Heirs 
of Elizabeth Rand dec'^ Setting forth, That on the 25"" day of June 
1765 the Great and General Court granted to the said Elizabeth Rand 
her Heirs and assigns twelve hundred Acres of unappropriated Lands 
to be laid out adjoining to some former Grant, a Plan thereof to be 
returned within twelve Months from that time for confirmation : that 
the said Elizabeth Rand then lived out of the Province and is since 
dead, by reason whereof the said Land has not yet been laid out. 
And praying for further time to lay out the said Grant and to return 
a Plan of the same. 

[Read and] 

Resolved that the prayer of the within Petition be granted and 
that the Heirs of the within named Elizabeth Rand deceased be 
allowed a further time for laying out said twelve hundred Acres of 
Land within mentioned, they observing the Resolve of the House 
of Representatives passed June 25"' 1765 relative to laying out the 
same: and that they return a Plan thereof into the Secretary's Office 
in twelve months from this time. \^Passed February 20. 



CHAPTER 181. 



Legislative 
Records of the 
Couucil, 
xxvii., 232. 
Mass. 

Archives, xlx., 
769. 

Mass. 

Archives, xlx., 
768-770. House 
Journal, pp. 9, 
172, 185. 



RESOLVE IMPOWERING WILLIAM FISHER, GUARDIAN, TO JOIN WITH 
THEM IN SALE OF REAL ESTATE AND MAKING PROVISION IN RE- 
GARD TO THE PROCEEDS. 

A Petition of Andrew Tyler Clerk, Catharine Ochterlony Widow, 
Charles Pelham and Mary his Wife, John Tyler and William Fisher 
Guardian of Miriam Tyler a Minor Setting forth That Miriam Tyler 
late of Boston Widow deceased by her last Will and Testament de- 
vised a certain Brick house and Land in Ann Street in Boston to 
her four Children namely Andrew Tyler, Catharine Ochterlony, John 
Tyler and Mary Pelham and to her Grand Child Miriam Tyler a 
Minor to be divided into five equal parts between them. That in the 
late Fire the Kitchen of the said House was consumed and the 
House damaged, besides which there is an incumbrance of £1,800, 
Old Tenor upon it and only £500 like money Personal Estate where- 
with to discharge it; and that they are all desirous of selling said 
Estate Wherefore praying that they may be enabled to make Sale 
thereof, one fifth part of the net proceeds"^ of said Sale to be secured 
for the benefit of the said Minor. 

[Read and] 

Resolv'd that the Prayer of this Petition be granted And that the 
Said William Fisher Guardian to the Said Minor be and hereby is 
impower'd to joyn with the Other Petitioners in making Sale of 
the House and Land within mentiond for the most it will fetch 
and with them to execute a good and Sufficient Deed thereof to the 
Purchaser he giving Caution to the Judge of Probate of Wills &c 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 309 

for the County of Suffolk that the neat Proceeds of the Said Minors 
Part of the Premises Shall be Secur'd for her use & Benefit. \_Passed 
February 22. 



CHAPTER 182. 

RESOLVE IMPOWERING THE PROPRIETORS OF WESTMINSTER TO TAX 
THEIR LANDS, ALSO TO CHOOSE COLLECTORS THEREOF, ETC. 

A Petition of Elisha Marsh Agent for the Proprietors of West- Legislative 
minster setting forth That at a Meeting of said Proprietors held council^ °* '''^^ 
at Westminster 30'*^ December 1767, it appears that they were in xxvii., 233. 
debt the Sum of £142.0.91/4 almost £50 whereof is on a Judgment j^^Tf 'i37''i8i 
of Court now in force against them and in order to discharge the isT.'it^s! pVov- 
said Debts, they impowered the Petitioner to make application to i44fnoteIxvii'., 
this Court for a Tax on all the Lands in Westminster viz'' On the 306, chap. i83. 
first, second and third divisions 60 Acres each as a Standard, the 
fourth or undivided Land at 20 Acres each, and the meadow Lots 
at three and the Farm Land so called at 500 Acres computed at two 
Original Rights. And praying that a Tax may be laid on said Lands 
accordingly, and that Execution on the Judgment aforesaid may be 
stayed till the money can be raised. 

[Read and] 

Resolved That the prayer of the Petition of Elisha Marsh be so 
far granted as that the Proprietors of Westminster in the County 
of Worcester be and hereby are impowered to Tax all the Lands men- 
tioned in said Petition at one penny half penny ^ Acre amounting 
to the Sum mentioned in said Petition of One hundred and forty 
two pounds and nine pence, and Nine pounds for paying the ex- 
pence of said Marsh and for levying and collecting said Tax, and 
the said Proprietors are hereby impowered to choose Assessors and 
Collector or Collectors respectively to assess and Collect the same, - 
Avhich Collector or Collectors are hereby impowered to collect said 
Tax in the same manner and by the same rules as Province Taxes 
are Collected from time to time. Also it is hereby to be understood 
that each Proprietors whole Right in said Propriety contains two 
hundred and three Acres. And Avhereas there was a Tax laid on the 
Proprietors Lands in Westminster by the General Court in October 
1762 and afterwards set aside by the Court: and whereas some of 
said Proprietors paid said Tax although set aside as aforesaid, it is 
hereby to be understood that when the Tax abovesaid is collected 
of one penny half penny ^ Acre, that then those persons that have 
paid the former Tax that was set aside aforesaid, be reimbursed the 
Sum or Sums they then paid out of the Sum that may be collected 
by the present Tax of one penny half penny ^ Acre. [Passed Feb- 
ruary 23. 



310 



Province Laws {Resolves, etc.). — 1767-68. [Chaps. 183-185.] 



CHAPTEE 183. 



RESOLVE DISCHARGING STEP« WESSON OF DEBTS DUE THE PROVINCE. 



Legislative 
Records of the 
Council, 
xxvii., 235. 

House Jour- 
nal, p. 186. 



Wheeeas it appears that M"" Stephen Wesson Constable of the 
Town of Concord in the year 1735 (returned an outstanding debtor) 
has paid all the monies that were due to the Province and has proper 
Eeceipts in full for the same. 

Therefore 

Resolved That the said Wesson be discharged in the Province 
Treasurer's Books. [Passed February 23, 



CHAPTER 184. 



ORDER ALLOWING £15 TO W^ KELLOGG. 



Ordered That the Sum of Fifteen pounds be allowed and paid 
out of the public Treasury to William Kellogg Agent for the Plan- 
tations of Nobletown, Spencer, Tauconick, and New Canaan in full 
mil^pp.''i5M84. consideration of the expences of his Journey, Attendance on this 

Ante, p. 254, "^ -^ -^ ■ •- ^^ -.-.-.■> ^^ 

chap. 60. 



Legislative 
Records of the 
Council, 
xxvii., 236. 

House Jour- 



Court and Keturn. [Passed February 23 



CHAPTER 185. 



RESOLVE IMPOWERING THANKFUL CUTTING, ADM'^, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 237. 

House Jour- 
nal, pp. 137, 187. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Thankful Cutting of Waltham Widow and Ad- 
min^ of the Estate of her late Husband Richard Cutting late of 
Waltham deceased Setting forth, That the deceaseds Personal Estate 
is insufficient to pay his just debts: that he died seized of about 
Eighty Acres of Land in Brookfield which he was obliged to take 
in order to secure his just Right, and which he had afterwards put 
upon Sale. And praying that she may be impowered to sell the same 
under such restrictions as this Court shall think proper. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that 
the Petitioner in her said capacity be and hereby is impowered to 
make Sale of the Lands mentioned in the Petition and execute a 
good deed or deeds thereof, she observing the rules & directions of 
the Law in selling Real Estates by Executors & Admin" and giving 
caution to the Judge of Probate of Wills »ic for the County of Mid- 
dlesex that she will appropriate the Monies arising from said Sale 
to the payment of the deceaseds debts and the remainder if any 
shall be, secured for the benefit of the Heirs. [Passed February 23. 



[2d Sess.] Province Laws {Besolves^ etc.) . — 1767-68. 311 



CHAPTER 186. 

RESOLVE IMPOWERING MARY HOW, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mary How Admin'' of the Estate of her late Hus- Legislative 
band Josiah How of Charlton deceased Setting forth That the coS"'^^*' 
deceaseds Personal Estate is insufficient to pay his just debts; that ^^v"-' -^^- 
he died seized of a Farm in Charlton Apprized at One hundred and ^o/i^e Jour- 

P 1 • 1 111 11 D'll, 1>P- llOi iOO. 

ninety five pounds, to sell a part oi winch to pay tlie debts would Province 
spoil the whole. And praying that she may be impowered to sell the chap!'ioi' ^^^' 
whole of said Estate, She to have the income of one third part of 
the produce as her dower, the remainder to be applied for the pay- 
ment of the deceaseds debts so far as may be needed for that pur- 
pose and the residue divided among his Children. 

[Read and] 

Resolved That the prayer of this Petition be granted, and the 
Petitioner is impowered in her said capacity to make sale of the 
premises for the most the same will sell for, and to make and exe- 
cute a good deed or deeds thereof in Law, She observing the Rules 
of Law for the sale of Real Estates by Executors and Admin" and 
giving proper caution to the Judge of Probate of Worcester that 
the proceeds of said Sale shall be applied as mentioned in this Peti- 
tion. \_Passed February 23. 



CHAPTER 187. 

RESOLVE ALLOWING £2. 8. 4 TO GEO. BRUCE. 

A Petition of George Bruce of Mendon Setting forth, That in the Legislative 
year 1756 he being then a Deputy Sheriff for the County of Worcester coSnc'ir* *^^ 
did by virtue of his Excellency's Proclamation apprehend & secure xxvii., 238. 
three Deserters from his Majesty's Service, the Cost and charge ^ ^j"***^ '\*'j^^'"ic5 
whereof for himself and Assistants amounts to £2.8.4 for which he '^^' ' 
presented a Petition in 1758 but the same being then lost or mislaid 
he hath never received any recompence. And praying an allowance. 

Read and 

Resolved That the prayer be granted so far as that there be allowed 
and paid out of the Public Treasury the Sum of Two pounds, eight 
shillings & four pence to M' Joseph Dorr for the use of the Peti- 
tioner in full discharge of the Petitioners Account mentioned in 
the Petition. \^Passed February 23. 



CHAPTEE 188. kSXlh^. 

Council, 
ORDER APPOINTING A COM^^''- TO BUILD A LIGHT HOUSE NEAR xxvii., 24.3. 
PLYMOUTH HARBOR. Archives, 

Ixvl., 426.' 

In the House of Representatives House Jonr- 

Order d that Coll Warren & Cap Thomas with such as the Hon^« f^g ' 'provK' 
Board shall jovn be a Committee to build a Light house near Plvm- LaWe, iv., 992, 

„,iTTu chap. 22; 1004, 

outh Harbour note. 

In Council Read & Concurr'd and Gam^ Bradford Esq'' is joined. 
\^Passed February 24. 



312 



Province Laws (i^eso/ve^-, e^c). — 17(57-08. [Chaps. 189, 190.] 



CHAPTEE 189. 

RESOLVE IMPOWERING REBECCA SWIFT, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 247. 

House Jour- 

nal, p. 182 bis. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Jeremiah Tucker and Rebecca Swift Widow, 
Admin" of the Estate of Nathaniel Swift late of Milton Yeo- 
man deceased Setting forth That the deceaseds Moveable Estate 
amounted to £42.12.10 and that there is due from said Estate with 
an allowance to the Widow the Sum of £51.9.1 That he died siezed 
of a House and about fifteen Acres of Land in Milton and of about 
30 Acres of Pasture at about a miles distance from the Homestead, 
Apprized in the whole at £393.6.8 Tliat the deceased left nine Chil- 
dren, seven of whom are Minors, and that the Income of said Estate 
is insufficient for their support, but if turned into Money would 
yield four times as much as the Estate does. And praying that they 
may be impowered to sell tlie said Estate, they giving caution to 
the Judge of Probate to apply the produce to the use and benefit 
of the Heirs. 

[Read and] 

B esolv ed Thnt the prayer of this Petition be granted and that the 
Petitioner Rebecca Swift in licr capacity be and hereby is impow- 
ered to make Sale of the Premises mentioned in this Petition for 
the most the same will sell for, and make and execute a good deed 
or deeds in Law to the purchaser or purchasers, she observing the 
Rules and directions of the Law for the Sale of Real Estates by 
Executors and Admin" and giving caution to the Judge of Probate 
for the County of Suffolk that the money arising by said Sale to be 
so much of it applied to pay the deceaseds just debts as is sufficient 
to discharge the same, and the overplus to be disposed of in the 
following manner viz* that part whicli belongs to the two Children 
which are of age to be paid unto them : the residue to be paid unto 
the respective Guardians of the said Minors, which by them shall 
be put out to interest for the respective use and benefit of the said 
Minors; the principal and what of the interest that may be due and 
in the hands of the respective Guardians of the said Minors to be 
paid to them respectively as they come of age, or to the daughters 
severally at the day of Marriage. [Passed February 25. 



CHAPTER 190. 

RESOLVE AND ORDER CONCERN" THE 4 TOWNS REVOLTING TO CON- 
NECTICUT. 



Legislative 
Records of the 
Council, 
xxvii., 248. 

House Jour- 
nal, pp. 150, 172, 
193, 195. Prov- 
ince Laws, 
xiv., 337, chap. 
182; 588, chap. 
124. 



Whereas the Inhabitants of the Towns of Suffield, Enfield and 
Somers in the County of Hampshire and the Inhabitants of the 
Town of Woodstock in the County of Worcester did in or about 
the year 1749 Revolt from their subjection to this Government 
under which they had at first been settled and until that time con- 
tinued, and by which they had been protected at great charge in 
several Wars, and did apply to the Government of Connecticut to 
receive them as being within that Colony. And whereas the said 
Government did at first disclaim any share in the said Revolt, but 
afterwards by an x\ct or Law artfully establish a new form of words 



[2d Sess.] PRdviNCE Laws (Besolves, etc.). — 1707-G8. 313 

expressive of the bounds of the Counties of Hartford and Windham 
in order to give colour to the Officers of the said Counties respec- 
tively to exercise Jurisdiction over the said revolting Inhabitants. 
And whereas after various attempts to persuade and to compel the 
said Inhabitants to return to their subjection a War began and for 
many years continued between his late Majesty and the French 
King, and during tlie continuance of this W^ar the Government of 
this Province desisted from all compulsory measures Avith the said 
Inhabitants lest damage should thereby accrue to his Majesty's Ser- 
vice. And whereas by the restoration of peace to all his Majesty's 
Dominions, the reasons for such forbearance altogether cease, and 
the Inhabitants of the said Towns still continue in their Eevolt from 
this Government. 

It is therefore 

Resolved and 

Ordered That the Inhabitants of the ToAvns of Suffield, Enfield, 
Somers and Woodstock at all times ought to have been and from 
henceforth to all intents and purposes shall be considered as within 
the limits of this Province & under the Jurisdiction of the Govern- 
ment here established by the Royal Charter. And all Civil & Military 
Officers within the Counties of Hampshire & Worcester especially 
and all other Officers and persons whomsoever it may concern within 
the Province are required to govern themselves accordingly. 

Provided always, that notwithstanding the Inhabitants of the sev- 
eral Towns aforesaid have been from year to year assessed by this 
Court for their proportion of the Province Tax, in case of their 
voluntary return to their subjection to this Government, no part 
of the said Tax shall be required of them. 

And to prevent all pretence of further exemption from Taxes the 
Inhabitants of said Towns are hereby notified and warned to forbear 
payment of any future Taxes to the Government of Connecticut, 
and the Selectmen of each Town are required to give in a List of 
Polls and Estates in such Town to the Secratary's Office before the 
Session of this Court in May next in order to their being assessed 
in a just proportion to the other Inhabitants of the Province; and 
in case of their neglect so to do, the said Towns shall be assessed in 
such proportion to the other Towns of the Province as to the Gen- 
eral Court shall then appear to be reasonable. And the payment of 
all Assessments made after the present Session of this Court shall 
be enforced in like manner as by Law the payment of Assessments 
upon any other Inhabitants of this Province are or may be enforced. 

And the Sheriff of the County of Hampshire is required as soon 
as may be to deliver to one or more of the Selectmen of each of the 
Towns of Suffield, Enfield and Somers : and the Sheriff of the County 
of Worcester is required in like manner to deliver to one or more of 
the Selectmen of the Town of Woodstock a Copy or Copys of this 
Resolve or Order ; and the said Selectmen are required to give notice 
thereof to their respective Inhabitants. [Passed February 25. 



314 



Province Laws (i?esoZt;e5,e<c.). — 1767-68. [Chaps. 191-193.] 



CHAPTER 191. 



Legislative 
Records of the 
Council, 
xxvil., '251. 

House Jour- 
nal, pp. 122, 187. 



RESOLVE ALLOWING 18/ TO SAM"- WINCHEL. 

A Petition of Samuel Winchel of Egremont, Praying an allow- 
ance for three days Service in the year 1757 & 1758 in impressing 
nurses & furniture for the Sick Soldiers by Warrant from M'' Jus- 
tice Ashley, for which he hath received no allowance. 

[Read and] 

Resolved That the prayer of the Petition be granted, and that the 
Sum of Eighteen shillings be paid out of the Province Treasury to 
M' Ephraim Fitch for the use of the Petitioner in full for Services 
mentioned in his Petition. \^Passed February 25. 



CHAPTER 192. 



Legislative 
Records of the 
Council, 
xxvil., 252. 

House Jour- 
nal, pp. 116, 187, 
190, 191. 



RESOLVE IMPOWERING PHEBE FOBES, ADM^, TO SELL REAL ESTATE. 

A Petition of Phebe Fobes Admin'' of the Estate of her late 
Husband Abner Fobes of Uxbridge dec^ Setting forth That the 
debts of the deceased amount to £45.12.10 more than his Personal 
Estate. And praying that she may be impowered to sell so much of 
the Real Estate as may be sufficient to discharge the said debts. 

[Read and] 

Resolved That the prayer of the Petition be granted, and that the 
Petitioner in her said capacity be and hereby is impowered to make 
sale of so much of the Real Estate as is sufficient to discliarge the 
debts mentioned in said Petition, and make good deed or deeds in 
Law of the same: giving caution to the Judge of Probate of Wills 
for the County of Worcester that the proceeds arising by said Sale 
be applied for the purposes mentioned in said Petition. \^Passed 
February 25. 



CHAPTER 193. 



Legislative 
Records of the 
Council, 
xxvii., 254. 

Legislative 
Records of the 
Council, 
xxvii., 242. 
House Jour- 
nal, pp. 157, 192, 
196. Ante, 
p. 293, chap. 
146. 



ORDER with stay OF EXECUTION IMPOWERING NATH^- SEARS TO 
HAVE A REHEARING OF AN ACTION. 

The Committee appointed the 24*'" Ins' on the Petition of 
Nathaniel Sears Praying for a Rehearing of an action against one 
Timothy Nurse having made Report the following Order passed 
thereon viz* 

Read and accepted, and 

Ordered that the Petitioner be and he hereby is authorized and 
impowered to have a rehearing of the Action mentioned in the Peti- 
tion at the next Inferior Court to be holden at AVorcester in the 
County of Worcester on the second Tuesday of May next; and 
the Justices of the said Court are hereby directed to hear and try 
the said Action, make up Judgment and Award Execution thereon 
as fully as if no default had been made ; and that Execution on the 
former Judgment be stayed in the mean time. Provided the said 
Sears give Bond to the Sheriff of the County of Suffolk in whose 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 315 

hands the execution now is, for the payment of such Sum as shall 
finally be recovered of him, and that he give the said Timothy Nurse 
notice of this Order at least fourteen days before the sitting of said 
Court. \^Passed February 26. 



CHAPTER 194. 

ORDER ALLOWING £5. 14. 6 TO COISF^e qN BRIDGE OVER WATERS Legislative 

RIVER IN DANVERS. Records of the 

(/OuncU, 
xxvii., '255. 

The Committee who went by order of the General Court to view Archives 
the Bridge over Waters Eiver in Danvers laid before the Court an cxxi., 463*. 



account of their time Horse hire and expences m said business. Legislative 

■n A s^ Records of the 

KeaQ tS Council, xxvi., 

Or tier d that there be allowd & paid out of the publick Treasury J^'^'.^^xV^f '37 
the Sum of five pounds fourteen Shillings & six pence to the several House Jour- 
Gentlemen above mentiond according to their several Accounts. ^^^'' pp- ^s, 40, 
\Pas8ed February 26. 



CHAPTER 195. 

ORDER dividing A TAX OF £5. 14. 6 AMONG THE TOWNS OF ESSEX Legislative 

COUNTY Records of the 

Council, 
xxvii., 255. 

Orderd that the within mentiond Sum [of £5.14.6 allowed to the Archives 
Committee appointed to view the Bridge over Water's Eiver in Dan- cxxi.,464.' 
vers] be added to the Taxes of the several Towns in the County of House Jour- 
Essex in the next Tax Act, unless this Court shall then otherwise s'tprw, chap, 
order. [Passed February 26. i^- 



CHAPTER 196. 

RESOLVE IMPOWERING SARAH BARNARD, ADM^, TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Barnard Admin^ of the Estate of her late Legislative 
Husband George Barnard of Princetown deceased Setting forth, coumlif ^* '^® 
That the deceaseds Personal Estate is insufficient to pay his just xxvii., 251. 
debts : that his Real Estate was apprized at Forty pounds and that House Jour- 
it will take near two thirds of that Sum to discharge the said ?|2^;2()3.^^Prov- 
debts and the usual charges & allowances. And Praying that she j?''i5\"'^(,^|' 
may be impowered to make Sale of the said Eeal Estate, she to be 16.' 
accountable. 

[Eead and] 

Resolved That the prayer of this Petition be granted and that 
the Petitioner be and she is hereby impowered to make Sale of the 
Premises mentioned in this Petition for the most it will fetch, and 
to make & execute a good deed or deeds in Law to the purchaser or 
purchasers, she observing the Eules and directions of the Law for 
the Sale of Eeal Estates by Executors and Admin", reserving the 
interest of one third of the proceeds of such Sale for her own use 



316 Province Laws {Resolves, etc. ) . — 1767-68. [Chaps. 197, 198.] 

during her natural life, and giving caution to the Judge of Probate 
for tlie County of Worcester that the other two thirds of the said 
proceeds be applied so far as shall be necessary for the payment of 
the said deceaseds just debts, and that the remainder, if any there 
be, be paid to the lawful Heirs of said deceased or their Guardians, 
and that at the decease of the said Widow the third part aforemen- 
tioned be alike distributed amongst said Heirs agreable to the direc- 
tion of the Law. [Passed February 29.^ 



CHAPTER 197. 



Legislative 
Records of the 
Council, 
xxvli., 258. 

House Jour- 
nal, pp. 119, 197. 



ORDER ALLOWING £1. 16 TO SAM^- DAKIN, EXEC=. 

A Petition of Samuel Dakin Exec' of his Fathers last Will and 
Testament; setting forth That his said Father being in the pay 
of the Province in his Majesty's Service carried his own Gun with 
him and the same was then lost. And praying that agreable to the 
encouragement at that time given by the Government, he may be 
allowed the value of the Gun lost as aforesaid. 

Read & 

Ordered that the Sum of One pound, sixteen shillings be allowed 
and paid out of the public Treasury to Charles Prescot Esq' for the 
use of the Petitioner in full for the loss of his Gun mentioned in 
the Petition. [Passed February 29. 



CHAPTER 198. 

RESOLVE CONFIRMING THE PROCEEDINGS AT A MEETING OF THE 
FIRST PARISH IN HAVERHILL. 



RifordfJf the ^ PETITION of Isaac Osgood and others of the first Parish in 
Council, Haverhill Setting forth, That the said Parish at their Annual 

^^^_2^^ — Meeting in March 1765 made choice of three Assessors, and of the 
Sii!^pp!k)71^2oo. same persons to be a Committee to warn Parish Meetings &c; That 
the said Committee without taking the Oath required by Law re- 
specting the other Government Bills proceeded to warn a Meeting 
of said Parish on the 20"' day of May then next after; at which Meet- 
ing the Parish pursuant to said warning met and voted to Build a 
new Meeting house, and for that purpose to raise by way of Tax 
on the Polls and Estates of the Inhabitants belonging to said Parish 
the Sum of Three hundred pounds and chose a Committee to build 
the said Meeting House, who proceeded to build the same, and pur- 
suant to the directions of the Parish more than One thousand pounds 
Old Tenor have been expended upon it, but that some persons dis- 
pute the legality of the said March Meeting and of all things done 
in consequence thereof, because the said Assessors did not then take 
the forementioned Oath, altho' they did it on the 31^'' day of May 
following, whereby the affairs of the Parish are like to be greatly 
embarrassed. And praying the interposition of this Court for their 
Relief. 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is February 25. 



[2d Sess.] FiioviNCE Liaws {liemlves, etc.) . — 1767-68. 317 

[Read and] 

Resolved That the prayer of the Petition be so far granted as that 
the Parish Meeting mentioned in said Petition be and hereby is, to 
all intents and purposes held valid, notwithstanding the Parish Com- 
mittee omitted to take the Money Oath as by Law required previous 
to their warning said Meeting. Provided nevertheless that no Action 
commenced before the passing of this Resolve and founded on 
the illegality of said Meeting shall in any wise be affected hereby. 
[Passed February 29. 



CHAPTER 199. 



RESOLVE IMPOWERING JERUSHA FENNO, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS, 

A Petition of Jerusha Fenno Widow and Admin"" of the Estate Legislative 
of Joseph Fenno deceased Intestate Setting forth That the said council**''* 
Joseph died siezed of several Tracts of Land some lying in Milton, xxvii., 259. 
but the far greater part in Stoughtori; that one Tract with the House Jour. 

,^ .> •,. •, • 1 1 T • 'ji j^\ 1 • 1,1 e nal, pp. 139, 198. 

Buildings on it, is held m common with others and incapable 01 province 
a Division, and that the Fences on the whole are greatly out of ch^ip%V^^^' 
Repair insomuch that it would take the whole Income for a num- 
ber of years to effect the Repairs ; that she hath two small Infants 
and is in expectation of a third to provide for, which she is inca- 
pable of doing out of the Estate. And praying that she may be im- , 
powered to sell the same and place the Money arising from said Sale 
at interest for the benefit of the said Children. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner be and hereby is impowered to sell the whole of the Real 
Estate therein mentioned for the most the same will fetch. She ob- 
serving the Rules of the Law for the Sale of Real Estates by Exec- 
utors and Admin" and giving sufficient security to the Judge of 
Probate for the County of Suffolk that the proceeds of said sale be 
secured for the Heirs of the deceased, reserving one third part of 
the interest of the Money arising therefrom for the use of the Peti- 
tioner during her natural life in lieu of her right of Dower in s^ 
Estate. [Passed Felruarij 39. 



CHAPTER 200. 

RESOLVE IMPOWERING BENJ^ BURT, GUARDIAN, TO SELL A MINORS' 
INTEREST IN LAND AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Benjamin Burt Guardian of Joseph, Martha and ^|f^^|ff^|tiie 
Susanna Howland Minors and Children of Nathaniel Howland late Council, 

of Boston Mariner deceased Setting forth That the said Minors -^^^"•' '^^*- 

are interested in a certain Tract of Land lying in Granville contain- na^irpp^^nsyigs, 
ing about 800 Acres, being in a Wilderness state and wholly unim- we, 203. 
proved. That all the other persons interested in s*^ Lands are desirous 
of selling it. And Praying that he may be impowered to sell the said 



318 



Province Laws {llesohes, etc.). — 17()7-68. [Chaps. 201, 202.] 



Minors interest in said Land and to execute a legal deed thereof to 
the purchaser or purchasers. 

[Kead and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner be and hereby is impowered in his said capacity to sell 
said Minors Eight in the Land mentioned in the Petition to the 
best advantage and join with other owners of s*^ Land in giving a 
good deed or deeds of the same to the purchaser or purchasers, and 
put the money arising tlierefrom to interest on good security, and 
give caution to the Judge of Probate for Suffolk County that both 
principal and interest be paid to said Minors viz' to the Male when 
he shall arrive at lawful age, and to the Female when they ' shall 
respectively arrive at lawful Age or day of marriage. \_Passecl Feb- 
ruary 29.^ 



CHAPTER 201. 



RESOLVE IMPOWERING BENJ^ WISER, INDIAN, ADM«, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 244. 
Mass. 
Archives, 
xxxiii., 421. 

House Jour- 
nal, pp. 93rl8.^, 
186. Province 
Laws, 11., 151, 
chap. 10; xvi., 
209, chap. 6; 
241, chap. 76, 
note. 



A Petition of Benjamin Wiser Lidian planter of Worcester 
Admin'' of the Estate of Samuel Tobumso of Natick Setting 
forth. That there remains of tlie Estate of the said Samuel about 
six Acres and a half of Land unsold; that he is Heir to a part 
of the same and has an Execution now out against him. And pray- 
ing that he may be impowered to sell the said Land; he to be ac- 
countable. 

[Eead and] 

Res()lv\l that the Prayer of this Petition be granted and that the 
Petitioner be and hereby is impowerd in his Said Capacity under 
the Direction of the Guardians of the Natick Indians to make Sale 
of the Lands within mentiond and give a good Deed or Deeds thereof 
to the Purchaser or Purchasers of the Same he Observing the Eules 
and Directions of the Law for selling Eeal Estates by Executors and 
Adm" and giving Caution to the Judge of Probate of Wills &c for 
the County of Middlesex that the Money arising from Said Sale 
besides what belongs to the Petitioner Shall be paid into the Hands 
of the Guardians for the Natick Tribe of Indians for the use And 
Benefit of the Other Heirs to the Said Land. \^Passed March 1. 



CHAPTER 202. 

RESOLVE CONFIRMING THE APPOINTMENT OF A COLLECTOR OF TAXES 
IN THE TOWN OF STOUGHTON. 



Legislative 
Record8<>f the 
Council, 
xxvii., 261. 

House Jour- 
nal, pp. 124, 125. 



A Petition of Benjamin Bird and Others Selectmen of Stough- 
ton Setting forth That Seth Pierce who had been Collector of 
Taxes in s*^ Town for divers years is reduced in his circumstances 
and incapable of collecting the Eates committed to him for the 
years 1763-64-65 and 66 there being considerable Arrearages still 

1 Sic. 

s This date is according to the House Journal; according to Legislative Records of the 
Council the date is March 4. 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-G8. 311) 

due for said years. And praying that James Hawks Lewis the pres- 
ent Collector of Taxes for said Town may be impowered to compleat 
the Collections for the several years beforementioned. 

Read and 

Resolved That the prayer of the Petition be granted and that the 
within named James Hawks Lewis chosen by the Town of Stough- 
ton a Collector in the room of Seth Pierce be and iiereby is author- 
ized and impowered to finish and compleat the collections of the 
Taxes that remain unpaid on the several Hate Bills committed to 
the said Seth Pierce to collect in the years 17(;3-17«4-17G5 & 17G6 
and pay in the same accordingly to the respective Treasurers as soon 
as may be. \^Passed March 1. 



CHAPTER 203. 

RESOLVE IMPOWERING JON^ BATCHELDER, GUARDIAN, TO SELL AN 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jonathan Batchelder of Beverly Guardian of Legislative 
Samuel Kimball and Phoebe Kimball Minors two of the Heirs of councif,° 
Benj^ Kimball late of Wenham dec*! Intestate Setting forth That -^^^"•' '^^^^ 
the deceaseds Personal Estate, it is supposed will not nett more ^.j°"®jV\°"m94 
than Forty or Fifty pounds: that he died seized of a Real Estate Province'"' 
apprized at Five hundred eighty eight pounds 6/8. That he left ^ifaTi%o:' ^^^' 
three other Children who are of age and desirous of selling their 
interests in said Estate which lies in six several parcels lying partly 
in Ipswich and partly in Wenham. That the Estate would not fetch 
near so much in case of a Division as it will intire, and that the 
Interest of the money it will sell for, will be double the produce of 
the Rents. x\nd praying that he may be impowered to make Sale of 
the two sixth parts of the said Estate belonging to the two minors 
aforesaid. 

[Read and] 

Resolved That the Petitioner be and he hereby is impowered to 
sell and dispose of the Interest of the minors withinmentioned in 
the Estate withinmentioned for the most the same will fetch, and 
execute a deed thereof to the purchaser. He observing the rules of 
the Law for the Sale of Real Estate by Executors and Admin" and 
giving Bond to the Judge of Probate for the County of Essex that 
the proceeds of said Sale be secured for the benefit of the said 
Minors. \^Pass6d March 1. 



CHAPTER 204. 

RESOLVE CONFIRMING A PLAN OF 500 ACRES OF EQUIVALENT LAND TO 
SAMi- WATTS, ESQ«, & OTHERS. 

Samuel Watts Esq^ and Others returned a Plan of 500 Acres of Legisiawve 
Land granted them on the 12''' of March 1767 bounding South on councif,° 
a Grant made to Dwight and Worthington and Others Proprietors xxvii., 26-2. 
of N° 3 partly and partly on Province Lands and partly on a Grant ^,f "p® '\26'^i27 
made to Mess" Story Dawes and Peter Roberts ; East on said Dawes's i94,'i95, 205. 



320 



Province Laws {Resolves, etc.) . — \lQl-m. [Chaps. 205, 206.] 



chap' 2i2^'^^' (rrant partly, and partly on Province Land, North and West on 
Province Land; Surveyed and laid out in the unappropriated Lands 
North of Williamsburgh in the County of Berkshire, 

^ Nath"- Dwight Surveyor. 
[Read and] 

Resolved that the annexed Plan of five hundred Acres of Land 
delineated and described as it is set forth therein be accepted and 
hereby is confirmed to Samuel Watts Isaac Eoyall, Thomas Hub- 
bard, James Otis, John Chandler, Joseph Wilder and Caleb Dana 
Esq" and to John Erving Esq^ the Assignee of Isaac Freeman and 
to the Heirs of Thomas Hancock Esq"^ Assignee of Joseph Richards 
the present Proprietors of Royalston, their Heirs and Assigns in lieu 
of and in full satisfaction for their loss of Four hundred acres of 
Land claimed by Samuel Hunt and others Provided said Plan doth 
not exceed the quantity of five hundred Acres, nor interfere with 
any former Grant. \^Passed March 1. 



CHAPTER 205. 



Legislative 
Records of the 
Council, 
xxvii., 263. 
Mass. 
Archives, 
Ixvi., 429. 

Legislative 
Records of the 
Council, 
xxvii., 244. 
House Jour- 
nal, pp. 151,154, 
189,203, 211. 
Province 
Laws, iv., 1004, 
note. Ante, 
p. 311, chap. 
188. 



ORDER DIRECTING THE COMMITTEE APPOINTED FOR BUILDING PLYM- 
OUTH LIGHT HOUSE TO BUILD THE SAME ON THE GURNET NEAR 
THE HARBOUR. 

Orderd that the Committee appointed to build a Lighthouse near 
Plymouth Harbour be & hereby are directed & impowerd to build 
an House for that Purpose on the Gurnet near Plymouth Harbour 
of the following Dimensions viz thirty feet long, twenty feet high 
and fifteen feet wide; with a Lanthorn at each End, to be large 
enough for two Lamps with four large Wicks in each Lamp: The 
House to be built of Wood, and the Materials for the Lanthorns as 
usual. And the Committee are further impowerd to agree with the 
Owner of the Land at the Gurnet for the Privilege of building a 
house there, & take Security for such Privilege. \^Passed Marclt, 1. 



CHAPTER 206. 

ORDER ACCEPTING THE REPORT CONCERN^ SALE OF MORTGAGE LANDS 
IN COUNTY OF PLYMOUTH, AND DISCHARGING THE COMMITTEE OF 
MONEY AND BONDS DEPOSITED WITH THE PROVINCE TREASURER. 



Legislative 
Records of the 
Council, 
xxvii., 263. 
Mass. 
Archives, 
xlvi., 564. 

Mass. 
Archives, 
xlvi., 563. 
House Jour- 
nal, PI). 12.5, 185, 
188,204. Ante, 
p. 95, chap. 198; 
p. 212, chap. 
216. 



The Committee appointed by the Great and General Court Feb'' 
12. 1766 to make sale of such of the Province Lands as were for- 
feited to said Province in the £100,000 Loan in the County of Plym- 
outh and by Order of said Great and General Court February 11"^ 
1767 after they had reported were Ordered to sit again and firnish 
the whole afl:air, have attended that Service and beg leave to report 
as follows viz* 

That as to the Lands Mortgaged by Timothy Stetson dec^ and 
afterwards sold to Ebenezer Hathaway and Benj* Greenell of Free- 
town, they appeared and resigned part of the Lands which the Com- 
mittee disposed of to Joseph Harris and have taken Bonds of said 
Hathaway, Greenell and Harris with Sureties for the whole of the 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 321 

Money principal and Interest due to the Province: And with regard 
to the Lands Mortgaged by Isaac Barker of Pembroke the Heirs of 
the said Barker appeared and gave Bonds for both principal and 
Interest of what appeared to your Committee due on said Mortgage. 
And as to the Land in Rochester Mortgaged to Joseph Prince and 
since sold to John Pitcher and Joseph Iloskins, we have also settled 
with them and taken their Bond for what we could prevail with 
them to pay. Your Committee have discharged the several Mort- 
gages mentioned and the Bonds which are taken to the Province 
Treasurer, together with the Money received have delivered to said 
Treasurer which is as follows viz* 

Cash Received of Ebenezer Hathaway £2. 8 

One Bond of ditto 26. 12 

One Bond of Benjamin Greenell 13. 13. 4 

One Bond of Joseph Harris ........ 33. 6. 8 

One Bond of Prince Barker ........ 16. 16. 4 

One Bond of Samuel Gould 8. 3. 2 

One Bond of Nathaniel Little 4. 1. 7 

One Bond of said Pitcher and Hoskins 8 

£113. 1. 1 

And your Committee after the most careful and diligent Search 
can find no other Lands Mortgaged in said Loan, but what are dis- 
charged and the monies due to the Province paid. All which is hum- 
bly submitted Gamaliel Bradford By Order 

N.B. The above Bonds are payable the 3*^ of Novem^ next. 

Read & accepted 

And 

Ordered That the Comittee be discharged of the money and 
Bonds which they have deliverd to the Province Treasurer. \^Passed 
March 1. 



CHAPTER 207. 

RESOLVE IMPOWERING AMARIAH BIGLO, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Amariah Biglo of Shrewsbury Guar*^ of Solomon Legislative 
Flagg a person Noncompos mentis Setting forth. That the said comu^f °* '^^^ 
Solomon is possessed of about fifty Acres of unimproved Land in xxvii., 245. 
Brookfield and one Moiety of thirteen Acres lying in Shrewsbury House Jour- 
in common with his Brother Jotham Flagg. And as the said Solo- ?87,'20^'/^pro^.' 
mon is incapable of maintaining himself and the Lands bring in *°°^ Laws, 11., 
nothing, so that the Petitioner is in advance for him Praying that * 
he may be impowered to make Sale of the said Lands for the ben- 
efit of the said Solomon. 

[Read and] 

Resolved That the prayer of the foregoing Petition be granted 
and that the Petitioner is hereby impowered in his said capacity as 
Guardian, to make Sale of the Premises for the most the same will 
fetch, and to make and execute a good deed or deeds thereof in Law 
he observing the Rules of Law for the Sale of Real Estates by Ex- 
ecutors and Admin" and giving proper caution to the Judge of 
Probate for the County of Worcester that the proceeds of said Sale 
be put on Interest for the use and benefit of the within named Sol- 
omon Flagg so long as he shall remain Noncompos, and in case he 



322 



Province Laws {Resolves, etc.). — 1767-68. [Chap. 208.] 



should be restored to his right mind, that then the principal Sum or 
so much thereof as shall not necessarily be expended for his sup- 
port be paid to him or otherwise to his lawful Heirs at his decease. 
\^Passed March 2. 



CHAPTEK 208. 



Legislative 
Records of the 
Council, 
xxvii., 266. 
Mass. 

Archives, iv., 
291. 

House Jour- 
nal, p. 208. 
Province 
Laws, i., 1. 
Ante, p. 291, 
chap. 140. 



RESOLVES RELATING TO THE NEW YORK LINE. 

Resolved., That this Province hath at all Times treated that of 
New York " with Candor and Generosity: " and from the Moment 
his Majesty's Pleasure graciously recommending an amicable Settle- 
ment was signified by one of his Majesty's principal Secretary's of 
State; this Business on the Part of Massachusetts Bay, has in all 
Eespects been conducted on the Principles of Equity and Modera- 
tion: It seems therefore very extraordinary, that the assembly at 
New York should so suddenly conclude, that " all Hopes of a 
friendly agreement will be frustrated " by a Proviso in the last 
Resolves here. Viz* "That Nothing shall be understood to preju- 
dice the Eight of this Province to Lands to the Westward of the 
Province of New York." This Province has made no new nor im- 
moderate Claim. The Proviso objected against may be fully vindi- 
cated by the Charter of this Province. It thence plainly appears 
that the Proprietors of Massachusetts Bay purchased of the Coun- 
cil of Plymouth, and have confirmed to them with Jurisdiction all 
the Land within the North and South Limits of the ancient Colony 
of Massachusetts-Bay, from the Atlantic Ocean to the South Sea: 
Such Lands only excepted, as were in the Possession of any Chris- 
tian Prince or State, on the third Day of November A:D: 1620. 
Grants indeed have been made by the Crown of Lands, which prob- 
ably in Part, or in the whole, may fall within the Limits of this 
Province. But when it is considered that such Grants are posterior 
to the Charter of Massachusetts, it may well be questioned if they 
are not so far void. But should the Right of New York to any Part 
of the Lands West of Hudsons River from equitable Considerations 
be admitted ; Yet as that Province can make no Pretence to a West- 
ern Boundary of equal Extent to that of Massachusetts Bay, they 
can with no Propriety object to the said Proviso made here which 
amounts to no more than that in a Settlement of the controverted 
Eastern Boundary of New York, the Massachusetts Title to Lands 
lying West of the Province of New York shall not be affected. The 
Controversy between this Province and New York having hitherto 
been confined to the Eastern Boundary of New- York, that Boundary 
cannot be affected by tlie said Proviso : Whereas had this Claim been 
passed over in Silence, it might have been prejudicial to this Prov- 
ince at some future Period, and the inserting it could do no possible 
Harm. This Province have never been anxious to extend their Claims 
to vast Tracts of uncultivated Country, nor have they ever cantoned 
out the Province into Manors and Lordships, to lie Dormant and 
useless to the Community. On the Contrary, it has ever been the 
Practice of y^ Goverment to grant Lands to such of its Inhabitants 
as would undertake effectually to settle the same. No good Cause 
can at present be assigned why this Province should relinquish their 
Title and Claim to the Lands West of Hudsons River to the Gov- 
ernment or Proprietors of any particular Colony: Yet as it may be 



[2d Sess.] Province Laws {Resolves, etc.) . — 1767-68. 323 

in his Majesty's gracious Intention to settle divers new Colonies in 
the Western Parts of this Continent; and as it is manifestly for the 
common Good of the British Empire, that the Limits of the several 
Colonies should be ascertained : In Order therefore to demonstrate 
not only the Duty and Loyalty of this Province in conforming to 
his Majesty's Pleasure, but to give a full Proof of their Moderation 
and Candor, intreating with their Sister Colonies in general, and 
with New York in particular; and to remove every Dilliculty in the 
Way of an equitable Settlement of the Western Boundary between 
this Province and New York: 

It is further 

Resolved, That this Province stands ready-to surrender and relin- 
quish to his Majesty his Heirs and Successors all Eight, Title and 
Estate, Jurisdiction and Property in or over any, and all the Lands 
to the Westward of Hudsons Eiver, on the amicable Settlement of 
the Eastern Boundary aforesaid, and the Confirmation thereof by 
his Majesty in Council And as this Court are still disposed to finish 
this Controversy with New York in the most amicable Way, and to 
comply with every reasonable Proposal on the Part of New York : 

It is further 

Resolved, That the Commissaries on the Part of this Government, 
be fully empowered by an Act or Law to be passed for that Purpose, 
to continue the Conference with the Commissaries on the Part of 
New York, at such Time and Place as they shall mutually agree 
upon; and to make a final Settlement of the Boundary between the 
two Provinces : and that his Excellency the Governor be desired to 
transmit a Copy of these Resolves to his Excellency Governor Moore. 
l^Passed March 2. 



CHAPTEE 209. 

RESOLVE GRANTING 1,600 ACRES OF EQUIVALENT LAND TO EBEN^ 
HARTSHORN AND OTHERS. 

A Petition of Ebenezer Hartshorn of Concord Setting forth That Legislative 
he formerly served in the Wars against the French and Indian Enemy, comfcif,''* ^^^ 
particularly in the years 1709 and 10 and afterwards in the year 1722, '^^'^^■' '^^• 
in consideration of which the General Court was pleased to make a Archives, 

Grant of Lands to him with others who had thus served; besides ^^^^•' ^^^' 

which he bought the Eights of several of his fellow Soldiers; and Archives 
the Lands that were laid out to satisfy this Grant were afterwards ^ivi.-. 565.' 
by the running of the Line taken into New Hampshire, and by that Recordfof the 
means lost to the Grantees, in lieu whereof he was to have four ^2°^Hou^e^^*'' 
Eights of 400 Acres each in a Township granted by the House of Journal, 
Eepresentatives in 1765 to be laid out on the East of Saco Eiver, pp- ^''*^' ^^^» ^i- 
which Grant not passing the whole Court, he has as yet had no 
equivalent. And praying Eelief 

[Eead and] 

Resolve'd that there be and hereby is granted to the Petitioner 
his Heirs and Assigns forever Sixteen hundred acres of the unap- 
propriated, Lands in this Province; Or five hundred acres in the 
western parts of this Province at his Ellection, in full Considera- 
tion of his Services Sufferings, and Purchase, in his Petition men- 
tion'd — four Hundred Acres in his Own right, four hundred Acres in 
the right of Peter Hunt four hundred Acres in the right of Lazarus 



324 



Province Laws {Resolves, e<c.). — 1767-68. [Chaps. 210, 211.] 



Mansfeild & four hundred Acres of William Mansfeild provided he 
the said Hartshorne or his Heirs &c Return a plan thereof to this 
Court Taken by a surveyor & chainmen under Oath in Twelve 
months from this day fot Confirmation. \^Passed March 2. 



CHAPTER 210. 



Legislative 
Records of the 
Council, 
xxvii., 274. 
Mass. 
Archives, 
xxxlii., 419. 

Mass. 
Archives, 
xxxili., 418. 
House Jour- 
nal, pp. 26, 47, 
133. Province 
Laws, xvl., '241, 
chap. 76, note. 



RESOLVE IMPOWERING PATTY PEGUN, INDLA.N, TO SELL LAND. 

A Petition of Patty Pegun of Natick Indian Woman Setting 
forth, That she sometime since with the consent of the Indian's 
Guardians made sale of a Lot of Land in Natick containing eleven 
Acres and four rods, with the proceeds of which she discharged her 
debts, but to her surprize it afterwards appeared that the said Land 
belonged to Esther Freeborn and Mary Hurd, the amount whereof 
was £23.6.8. And Praying that she may be impowered to sell so 
much of her unimproved Lands in Natick as shall be sufficient to 
raise the said Sum of £23.6.8 and charges of sale, the proceeds to 
be applied to compensate for the Sale of the said Lot under the 
directions of the said Guardians. 

[Read and] 

Resolved that the Prayer of the Petition be granted, and that Patty 
Pegun, the Petitioner, be & hereby is impowered, with the Advice 
& Direction of the Guardians of the Natick Indians, to make Sale 
of so much of her Land in said Natick, not under Improvement, as 
will amount to the Sum of 23.6.8 and Charges of Sale, and to make 
and execute a good Deed or Deeds in the Law of the same; and that 
the Proceeds of the Sale be applied by the said Guardians for the 
Purpose mentioned in the Petition. \^Passed March 3. 



Legislative 

Records of the 

Council, 

xxvii., 278. 

Mass. 

Archives, 

xxxiii.,463. 

House Jour- 
nal, p. 206. 
Province 
Laws, xvl., 241, 
chap. 76, note; 
693, chap. 283; 
xvii., 307, 
chap. 184. 



CHAPTER 211. 

VOTE ALLOWING THE ACCOUNT OF THE GUARDIANS OF Y^ DUDLEY 

INDIANS. 

An ACCOUNT of the Guardians of the Dudley Indians was laid 
before the Court, Signed Edward Davis ^ the Guar"^' 

Which Account having been examined by a Committee, they 
reported thereon That they had examined the same and find 
them right cast & well vouched, and that they have received of 
the said Indian's Money the Sum of Eighty six pounds since March 
AD 1763 and have paid out for their use and benefit to sundry 
Doctors Bills, Nurses, Provisions kc, &c. the Sum of Ninety one 
pounds, sixteen shillings and one penny; so that the said Guar- 
dians are in advance the Sum of Five pounds, sixteen shillings and 
one penny lawful money. 

Read & accepted. \_Pas8ed March 3. 



[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 325 



CHAPTER 212. 

ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO PHILLIPSTOWN. Legislative 

liecords of the 
Council, 

Orderd that the Inhabitants of a place lately called Phillipstown ' xxvu., 282. 
& now incorporated be servd with a Set of the Province Law Book Archives, 
& the Printers are directed to deliver the same accordingly. [^Passed iv»'-. •'>"'>• 
March 4. ^Zv^^^' 

CHAPTER 213. 

RESOLVE IMPOWERING THE ASSESSORS OF THE TOWN OF WINDHAM 
TO ASSESS A TAX OF ONE PENNY PER ACRE AND TO CHOOSE TWO 
COLLECTORS THEREOF. 

A Petition of the Town of "Windham Praying liberty to Assess Legislative 
on the 100 Acre Lots in said Town not otherwise Taxed one penny counctf °* ^'^^ 
yearly ^ Acre to help defrey the charges of said Town xxvii., 283. 

[Read and] Archives, 

Resolved That the Assessors of the said Town of Windham for cxvui., 349. 
three years next ensuing be authorized and impowered to assess Legislative 
yearly one penny ^ acre on every hundred acre Lot in said Town council!*' 
of Windham not otherwise taxed, except ministerial and School House-Joiir- 
Lands That the said assessors be impowered to enforce the pay- ^a'' ^'' ^^' ^°^*' 
ment of such Tax by legal Sale of so much of the delinquent Lands Laws, iv., 1046, 
as shall be necessary to pay the said Tax and Charges thereupon ^'^^^' 
arising ; and that the said Town be impowered in their March meet- 
ings for the said three years next coming to chuse two Collectors, 
one of them to be an Inhabitant of Marblehead. That one half of 
the money raised by said Tax be paid into the hands of the Treas- 
urer of the said Town of Windham to be by them applied to the 
paying the minister and other Town Charges; the other half to be 
paid into the Proprietors Treasury to be by them applied to the 
opening & making passable such ways as still remain in a Wilder- 
ness State. [^Passed March 4. 



CHAPTER 214. 

RESOLVE REFERRING WITH STAY OF EXECUTION THE PETITION OF 
SAMi- WILLIAMS FOR A REBATE ON EXCISE TAX. 

A Petition of Samuel Williams of Roxbury Setting forth That Legislative 
having obtained a License for the retailing Spirituous Liquors, he councif, ^* ^'^^ 
on the 3"^ day of August 1764 recognized with Sureties for the due xxvu., 283. 
payment of the Excise ; that he unfortunately by removing as he House Jour- 
apprehends lost his Papers & Accounts whereby he was rendered ^^'^p* ' 
unable to Account upon Oath for the quantity by him sold ; and 
the Collector of Excise thereupon sued him, and he being at the 
time of the Courts sitting out of the Province recovered of him the 
Sum of £61.6.8 with costs. And Praying relief. 

[Read and] 

Resolved That the prayer of the Petition be so far granted that 

' Now Sanford, Maine. 



326 



Province Laws {Resolves, etc.). — 1767-68. [Chap. 215.] 



it be referred to the next May Session, and Execution be stayed in 
the mean time: and that the Petitioner give security to the Sheriff 
of the County of Suffolk that he will pay such Sums as shall finally 
be adjudged due. [Passed March 4. 



CHAPTER 215. 



Legislative 
Records of the 
Council, 
xxvU., 286. 
Mass. 

Archives, Iv., 
299. 

Mass. 

Archives, Iv., 
298. Legisla- 
tive Records 
of the Council, 
xxvil., 871,279, 
285. House 
Journal, p. 212. 
Ante, p. 216, 
chap. 222; 
p. 322, chap. 
208. 



ORDER IN REGARD TO INSTRUCTIONS TO COMMISSARIES IN SETTLING 
THE NEW YORK BOUNDARY LINE. 

Additional Instructions to the Gentlemen appointed Com- 
missaries on the part of this Province for the settlement of the 
Partition Line with New York. 

The General Court by an Act having renewed your power to treat 
with the Commissaries of New York on the subject of a Partition 
Line between the two Provinces, You will endeavour to procure a 
Line as much in favour of this Province as may be: and it is left 
with you, or the major part of you to agree with the Commissaries 
of New York upon said Line. Provided however that it be not less 
favorable to this Province than the Line reported to the King in 
Council by the Board of Trade in 1757 excepting in regard to the 
manner of measuring the twenty Miles distance of said Line from 
Hudsons River, You are permitted, if it should be necessary, to 
concede that said distance should be measured as on a horozontal 
Plane, or that allowance be made for the uneven surface of the 
Country. 

You will take care that the Line that may be agreed on be fully 
and clearly described: and when it shall be run that durable Monu- 
ments and a sufficient number of them be erected to ascertain said 
Line. 

In case of Agreement on said Line, You are in conjunction with 
the Commissaries of New York to prepare a proper state thereof to 
be laid before his Majesty for confirmation, for which purpose you 
will cause authenticated Duplicates of said State to be made out 
for each Province. 

You will endeavour to agree on the draft of an Act to be passed 
by the Legislature of each Province for the Establishment of said 
Line, and you will take care that it be clearly described in such 
draft. 

You will conform to your former Instructions in every thing 
wherein these present Instructions & the Act impowering You to 
treat as aforesaid do not militate with them. 

Eead & accepted and 

Ordered that the foregoing Instructions, be the Instructions for 
the Commissaries on the part of this Province, for the Settlement 
of the partition Line with New York. [Passed March 4. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1768. 



[327J 



LEGISLATIVE LIST^ 



1768. 



His Excellency FRANCIS BERNARD, 

Captain-General and Governor-in-chief, etc. 
ANDREW OLIVER, Esq., 

SECRETAKY OP the PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Colony of the Massachusetts Bay ; 

Isaac Royall 



John Erving 
William Brattle 
James Bowdoin 
Thomas Hubbard 
Harrison Gray 
James Russell 
Thomas Flucker 
Nathaniel Ropes 



Timothy Paine 
Royall Tyler 
James Pitts 
John Worthington 
'EsQRS. Samuel Dexter 

Thomas Saunders" 
John Hancock * 
Joseph Gerrish* 
Artemas Ward'* 



'ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of New Plymouth; 

Gamaliel Bradford ) Samuel White 

James Otis* >JiiSQRS. Jerathmeel Bowers* 



■ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Province of Maine ; 

John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
between the River of 8agadahoch & Nova Scotia ; 

Jeremy Powell, Esq. 

1 See Legislative Records of the Council, xxvii., 292-297. 

* Thomas Saunders, John Hancock, Joseph Gerrish and Artemas Ward of Massachusetts Bay, James 
Otis and Jerathmeel Bowers of New Plymouth, elected by the House of Representatives, were rejected 
by the Governor. 

[329] 



330 



Province IjAVfs {Resolves, etc.). — 1768. [Representatives.] 



For the Province, at large : — 
Samuel Danforth & Bekjamin Lincoln, Esqrs. 



REPRESENTATIVES OR DEPUTIES. 

May 25, 1768 to July 1, 1768. 

Mr. THOMAS GUSHING, Speaker. 



County of Suffolk. 
Boston, . . . James Otis, Esq., 

Thomas Gushing, Esq., 
Mr. Samuel Adams, 
John Hancock, Esq. 
Joseph Williams, Esq. 
Mr. Samuel Howe. 
Mr. Jazaniah Tucker. 
Ebenezer Thayer, Esq. 
James Humphry, Esq. 
Mr. Joshua Hearsey. 
Samuel Dexter, Esq. 
Mr. Jabez Fisher. 
Gapt. Benjamin "WTiite. 



Roxbury, 

Dorchester, 

Milton, . 

Braintree, 

Weymouth, 

Hingham, 

Dedham, 

Wrentharn, 

Brooklyn, 

Stoughton & 

Stoughion- 

hani, 

Medjield, . 

Medway, 

Walpole, 

Needham, . 



jNIr. Hezekiah Gay. 

Mr. Eliakim Morse. 
Eiisha Adams, Esq. 
Joshua Clap, Esq. 
Capt. Ebenezer Kings- 
bury. 



County of Essex. 
Salem, . . . William Brown, Esq., 

Peter Frye, Esq. 
Danvers, . . Mr. Samuel Holton. 
Ipswich, . . Capt. Michael Farley, 

Doctor John Calef . 
Newbury, . . Joseph Gerrish, Esq. 
Newbtiry Port, Benjamin Greenleaf, Esq. 



Marblehead, 

Lynn, . 

Andover, 

Beverly, 

Bowley, . 

Salisbury, 

Haverhill, 

Qlocester, 

Boxford, 



Jacob Fowle, Esq., 
William Bourne, Esq. 
Mr. Ebenezer Burrill. 
Samuel Phillips, Esq. 
Capt. Heniy Herrick. 
Humphry Hobson, Esq. 
Capt. Nathaniel Currier. 
Richard Saltonstall, Esq. 
Thomas Sanders, Jr., Esq. 
Aaron Wood, Esq. 



County of Essex — Concluded. 
Almsbury, . . Jonathan Bagley, Esq.' 
Topsfield, . . Capt. Samuel Smith. 

County of Middlesex. 
Cambridge, . . Andrew Boardman, Esq. 



Charlestown, 
Watertown, 
Woburn, . 
Concord, . 
Newton, 
Marlborough, 
Billerica, . 
Framingham, 

Lexington, 
Chelmsford, 

Sudbury, . 
Maiden, 

Weston, 
Medford, . 
noi)kinton, 
Westford, . 
Oroton, 
Shirley, 
Pepperrell, 
Waltham, . 
Stowe, . 
Townshend, 
Acton, . 
Lincoln, 



. Edward Sheaffe, Esq. 

. Mr. John Remington. 

. James Fowle, Esq. 

. Capt. James Barrett. 

. Gapt. Abraham Fuller. 

. Mr. Samuel Witt. 

. William Stickney, Esq. 

. Joseph Buckmiuster, 
Esq. 

. AVilliam Reed, Esq. 

. Sampson Stoddard, 
Esq. 

. John Noyes, Esq. 

. Capt. Ebenezer Ham- 
den. 

. Mr. Abraham Bigelow. 

. Stephen Hall, Esq. 

. Capt. Joseph Mellen. 

. Capt. Jonas Prescott. 

> James Prescott, Esq. 

. Capt. Jonas Dix. 
. Henry Gardner, Esq. 
. ]Mr. Amos Whitney. 
. Capt. Daniel Fletcher. 
. Mr. Samuel Farrar. 



County of Hampshire. 



Springfield & 
Wilbraham, 
Northampto7i & 
Southampton, 
Hadley and 
South Hadley, 



Josiah Dwight, Esq., 
Mr. Jonathan Bliss. 

Joseph Hawley, Esq. 
]Mr. Enos Nash. 



The House Journal, p. 4, adds, " Bradford, Benjamin MuUiken, Esq." 



[Representatives.] Province Laws {Resolves, etc.). — 1768. 



331 



County of Hampshire — Concluded. 



Hatfield, . 

Westfield, . 
Deerfield & 
Greenfield, 
Su7iderland, 



. Hon. Israel Williams, 

Esq. 
. Capt. John Moseley. 

> Mr. Jonathan Ashley, Jr. 

. Capt. Joseph Root. 



County of Berkshire. 



Oreat n 

Barrington & > John Ashley, Esq. 
Egremont, ) 



County of Worcester. 



Worcester, . . 
Lancaster, . . 
Brookfield, . . 
Oxford & 
Charlton, 
Sutton, . 
Rutland, Rut- 
land District & 
Oakham, 
Leicester, Spen- 
cer & Paxton, 
Westborough, . 
Shrewsbury, . 
Lunenbtirgh & 
Fitchburgh, 
Uxbridge, . 
Bolton, . 
Sturbridge, 
Hardwick, . 
Petersham, 



. Mr. Joseph Bigelow. 
. Caj)t. Asa Whitcomb. 
. Jedediah Foster, Esq. 

? Edward Davis, Esq. 

. Capt. Henry King. 

> John Murray, Esq. 

> Capt. John Brown. 

. Capt. Stephen Maynard. 
. Artemas Ward, Esq. 

? Edward Hartwell, Esq. 

. Capt. Ezekiel Wood. 
. John Whitcomb, Esq. 
. Moses Marcy, Esq. 
. Timothy Ruggles, Esq. 
. John Chandler, Jr. , Esq. 



County of Plymouth. 



Plymouth, . 
Scituate, 
Duxbury, . 
Marshfield, 
Bridgwater, 
Middleborough 
Rochester, . 
Plimpton, . 
Pembroke, . 
Kingston, . 
Abingt07i, . 



. James Warren, Esq. 
. Mr. Gideon Vinall. 
. Capt. John Wadsworth. 
. Capt. Anthony Thomas. 
. Josiah Edson, Esq. 
. Cfipt. Benjamin White. 
. Mr. Samuel Sprague. 
. Mr. Isaac Bonney. 
. Mr. John Turner. 
. William Sever, Esq. 
. Capt. Woodbridge 
Brown. 



County 
Barnstaple, 
Yarmouth, . 
Sandwich, . 
Eastham & 
Wellfleet, 
Harwich, . 

Falmouth, . 
Chatham, . . 



of Barnstaple. 

. Hon. James Otis, Esq. 

. David Thacher, Esq. 

. Mr. Stephen Nye. 

} Willard Knowles, Esq., 

) Elisha Doane, Esq. 

. Chillingsworth Foster, 

Esq. 
. Capt. Joseph Robinson. 
. Mr. Joseph Doane. 



Taunton, . 
Rehoboth, . 
Swanzey with 
Shawamet, 
Dartmouth, . 
Attleborough, 
Freetown, 
Norton, 
Raynham, 



County of Bristol. 

. Mr. Joseph Tisdale. 
. Capt. James Clay. 

Jerathmeel Bowers, Esq. 



York, . . 

Kittery, . 

Wells, . . 

Berwick, . 

Arundel, . 
Biddeford, 



. . Mr. Walter Spooner. 
. Mr. John Dagget.' 
. Mr. Thomas Durfee. 
. Mr. George Wheeten. 
. Zephaniah Leonard, Esq. 

York County. 

. Jonathan Sayward, Esq. 
. James Gowen, Esq. 
. John Wheelwright, Esq. 
. Benjamin Chadburn, 

Esq. 
. Thomas Perkins, Esq. 
. Mr. Abraham Chase. 



County 

Falmouth & 
Cape Elizabeth, 
Gorham, . 
Windham, 
Brunswick, 
Scarborough, 



OF Cumberland. 

> Jedediah Prebble, Esq. 

. Solomon Lombard, Esq. 
. Mr. Abraham Anderson. 
. Aaron Hinckley, Esq. 
Edward Milliken, Esq. 



Dukes County. 

Edgarton, . . Mr. William Jernigan. 
Chilmark, . . Mathew Mayhew, Esq. 
Tisbury, . . . James Athern, Esq. 

In the County of Nantucket. 
Sherburn, . . Mr. Stephen Hussey. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-fifth Day of May, A.D. 1768. 



CHAPTER 1. 

RESOLVE IMPOWERING FRANCIS RITTAL TO COLLECT TAXES IN THE 
TOWN OF POWNALBOROUGH. 

A Petition of Jonathan Williamson, and Thomas Kice two of Rgf^r^^f^^f^ije 
the Selectmen of Pownalborough, in behalf of Francis Rettal chosen couucii, 
Collector of Taxes, assessed on the Inhabitants of the AVestern part ^^^^^^ '^'^^■ 



of said town AD 1765 Setting forth That Exceptions have been ^^'i;'^,® fj'*."^- 
taken to the said Choice as illegal, and that great Mischiefs & in- ^nie, p. 149, 
conveniences are like to accrue, unless this Court should interpose ° ^^* ' • 
their aid iVnd praying that the Choice of said Kittal, as Collector 
aforesaid may be established & confirmed & that he may be impow- 
ered, if need be to digtrein, in order to perfect his Collection, or 
that they may be otherwise relieved. 

[Read and] 

Resolved that the Prayer of the above Petition be so far granted, 
that the above named Francis Rittal be, and hereby is fully impow- 
ered to collect the taxes committed to him to collect, for which he 
has a lawful Warrant or Warrants & pay the same as therein directed, 
any supposed defect in his Choice notwithstanding. [Passed May 31. 



CHAPTER 2. 

ORDER OF NOTICE ON THE PETITION OF NATH^' CHAPIN OF ASHFIELD 
IN REGARD TO A MINISTERIAL TAX. 

A Petition of Nathaniel Chapin & others of Ashfield, formerly Legislative 
called Huntstown, Setting forth That they early settled in said counctf °* ^'^^ 
town, and before the last war, they built a Fort and defended them- xxvii., 304. 
selves, at little Expence to the Government : that being Anabaptists Archives, xiv., 

they settled a Minister of the same perswasion, and were about build- ^2^ 

ing a Meeting house; but that other Settlers of a different perswa- ^^c^j^es xiv 
sion coming in have obtained a Vote to build another Meeting house, 512. Legi'sia- '' 
& settle another Minister, towards which they have taxed the Peti- ti7e^c^imc^t^ ''^ 
tioners & their Ministers. And praying relief -'^^^|:'*|o' 

Read & House Joirr- 

Orderd that the Petitioners notify the Town & Proprietors of prov^nce^' ^^* 
Ashfield by serving the respective Clerks with a Copy of the peti- J'bTj^'g^.^ibas-e' 
tion to shew Cause on the second Wensday of the next Sitting of notes'. 

[333] 



334 



Province luAyiB {Resolves, etc.). — 17G8. [Chaps. 3, 4.] 



this Court why the Prayer should not be granted. & that the further 
Collection of Taxes so far as respects the Petitioners be suspended 
in the mean time. \^Passed June 1. 



CHAPTER 3. 



Legislative 
Records ol the 
Council, 
xxvii., 305. 

House Jour- 
nal, pp. 14, 18. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING DEB. LOTHROP, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Deborah Lothrop of Barnstable, Widow Guar- 
dian to Eebecca Lothrop & Temperance Lothrop, her Children, 
and daughters to her late husband Joseph Lothrop of said Barn- 
stable, Cordwainer dec*^ Intestate. Setting forth That in August 
last the said Temperance died, the Expences that had then arisen 
for her support being Twenty four Pounds more than her Interest 
in her father's personal Estate amounted to: and that she hath like- 
wise expended for her daughter Rebecca, Fifteen Pounds, ten shil- 
lings & six pence more than her Proportion of said personal Estate : 
The Accounts whereof have been exhibited to, and allowed by the 
Judge of Probate for the County of Barnstable And praying that 
she may be empowered to make sale of so much of the deceased's 
Real Estate, as shall be sufficient to discharge y^ &^ Debts. 

[Read and] 

Resolved that the Prayer of this Petition be granted, and that y® 
Petitioner be, and is in her said Capacity, impowered to make sale 
of the lands mentioned in said Petition, as shall be sufficient for 
the purpose aforesaid, for the most the same will fetch, and make 
a good deed or deeds of the same to the purchaser. She observing 
the Rules and directions of the law for the sale of Real Estates by 
Exec" and Administrators, and giving Caution to the Judge of 
Probate for the County of Barnstable, that the Money arising by 
the sale of the same lands be applied for the purpose of paying the 
Debts of the said Minors within mentioned. \^Passed June 1. 



CHAPTER 4. 



Legislative 
Records of the 
Council, 
xxvii., 306. 

House Jour- 
nal, pp. 11, 17. 



RESOLVE IMPOWERING CHRIST^ DYER, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Christopher Dyer of Bridgwater, Guardian to his 
Brother John Dyer, a person deaf & dumb Setting forth that the 
said John is seized of a narrow strip of Land containing about 
twenty Acres, lying in Braintree, which is no ways fit for a Settle- 
ment, but being commodious to the Person who owns on both sides 
of it, he is Avilling to give the Value of it: And that the said John 
hath purchased a^Tract of land in Bridgwater suitable for a Settle- 
ment, and of greater value. And praying that he may be impowered 
to sell the said land in Braintree, the produce thereof to be vested 
in the purchase at Bridgwater. 

[Read and] 

Resolved that the Prayer of this Petition be granted : and that the 
Petitioner be & hereby is impowered in his said Capacity to make 



[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 335 

sale of the said twenty Acres of land lying in Braintree, for the 
most it will fetch, and to execute a good Deed thereof to the pur- 
chaser, he giving Caution to the Judge of Probate of Wills &'^ for 
the County of Suffolk, tliat the Monies arising from said sale shall 
be applied for the purpose mentioned in the Petition. \_Passed 
June 1. 



CHAPTER 5. 

RESOLVE CONFIRMING THE TITLE OF REV. EZRA THAYER TO LAND. 

A Petition of Ezra Thayer of the District of Ware Clerk Set- Legislative 
ting forth, that in the year 1759, he was ordained to the pastoral councu^, ^'^ ^'^^ 
Ofl&ce in said place. That John Read Esq'' late of Boston deceased, Mals''^*^' 
on the \%^^ of Sepf 1748, executed a deed in trust, for the use of Archives, xiv., 

the first Minister of said District, and his Successor, in pure and ^~ 

perpetual Alms, of One hundred Acres of Land, Viz*- the G*^*^ Lot Archives xiv. 
from the North of the 4"" Tire of Lots from the East, in the Manor su. House 
of Peace so called, on which he has spent his Substance but that 22. '^•^'''" ' 
the Deed given him by a Committee of s*^ District is so framed that 
he can have no Benefit of said land any longer, than during his Min- 
istry. And further setting forth that the Heirs of the said John Read 
have since, Viz* on the 25"" day of May 1757, made a Deed of one 
other Lott of land in the said District for the same uses and pur- 
poses, and in the room of the forementioned Lot, in order that the 
Petitioner & his heirs might enjoy the Benefit of the first Lot as 
their own property forever. And praying that the Lot of land given 
by the said Heirs may be accepted in lieu of the Lot which was given 
by their said Father, and may be confirmed to him & his heirs forever. 

Upon the Petition of Ezra Thayer of the district of Ware Clerk 
& the deeds accompanying the same it appears that the Hon*^'® John 
Read Esq'' late of Boston deceased on the 19'^ of September 1748 
for the founding & endowment of a Parish in the ten thousand acres 
of Equivalent, did give grant convey & confirm Unto Jabesh 01m- 
stead & others the sixth lot & part of the fifth lot lying in a place 
then called the manor of Peace to have & to hold to them h their 
Heirs forever, in special Trust & Confidence for the following uses: 
viz for the use of the first minister of Gods Holy word & Sacraments 
that shall be chosen there, & there upon be lawfully instituted & 
ordained to that holy office there, & such his Successors for ever in 
pure & perpetual alms That after the ordination of the s*^ Ezra 

over the Church & congregation at s^ manor of Peace, A Committee 
of s*^ Parish conveyed s*^ Lands to the s*^ Ezra for a valuable consid- 
eration in. fee Simple in consequence whereof He built upon s*^ land, 
cleared & so improved it as that He hath spent his whole substance 
thereon It further appears that the Heirs of the s^ John sensible 

of the unhappy & ruinous circumstance, the s*^ Ezra was brought 
into as afores*^ from benevolent Principles to the s** Ezra & to the 
district of ware & that their Honoured Fathers design as afores*^ 
might not in the least be frustrated tho the s*^ Ezra should have the 
land afore s** confirmed unto Him have by Deed given granted & con- 
veyed unto Jacob Cummings & John Davis the Present Deacons of 
s** Church an aquivalent or rather more then an aquivalent in land, 
in s"* district in pure & Perpetual alms for the same uses & purposes 
as were mentioned in their Fathers Deed as afores*^ Wherefore it is 



336 



Province Laws {Resolves, etc.). — 1768. [Chaps. 6, 7.] 



Resolved that the deed of lands mentitioned in s'' Petition given 
by Jacob Cummings Edward Dammon & Joseph Scott to the s** Ezra 
bearing date the 14"^ of august 1759 & recorded in the Registry of 
Deeds for the County of Hampshire Lib 6 Folio 403 shall forever 
hereafter be held & taken to be effectual & available in Law against 
the Feoffees named in the deed of the s** John Read Esqr in trust as 
allso against all who may claim from by or under the s** Feoffees or 
any of them & against any Person who may succeed the s** Petitioner 
in the office of a Gospel minister in s** district And the Same shall 
be as good an estate to the s*^ Ezra & his heirs in fee simple as if the 
said John had conveyed said lands to the s** Jacob & others &, to their 
Heirs to their own use. {^Passed June 1. 



CHAPTER 6. 



RESOLVE IMPOWERING KEZIAH CUTTING, ADM^", TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 309. 

House Jour- 
nal, pp. 15, 17, 
18. 



A Petition of Keziah Cutting of Rutland, Widow Admin^ of 
the Estate of her late Husband Absalom Cutting, late of said Rut- 
land Intestate deceased. Setting forth That the said deceased was 
indebted £123.14.1 more than his personal Estate amounted to. 
That his Real Estate consisted of about forty Acres of Land with 
a house and Barn thereon apprized at Two hundred and forty 
Pounds, in which she has her Dower, or thirds. And praying she 
may be impowered to make sale of the other two thirds in order to 
enable her to discharge the said debts. 

[Read and] 

Resolved that the Prayer of this Petition be so far granted, that 
the Petitioner be, and she hereby is impowered in her said Capacity 
to make sale of so much of said deceased's Real Estate, where it 
may be best spared, and with least Prejudice to the Remainder, as 
shall be sufficient to pay the deceased's just Debts, and the Charge 
of said sale, and to make & execute a good deed or deeds in law to 
the purchaser, she giving Caution to the Judge of Probate for the 
County of Worces"" that the Money arising by said sale, shall be 
applied to the purposes herein mentioned. \^Passed June 1. 



CHAPTER 7. 



RESOLVE IMPOWERING RUTH AND BATCHELLER BENNET, GUARDIANS, 
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 



Legislative 
Records of the 
Council, 
, xxvii., 400. 

House Jour- 
nal.pp.ll, 19. 
Province 
Laws, il., 151, 
chap. 10. 



A Petition of Ruth Bennet Widow of Cornelius Bennet late of 
Middleborongh deceased and Batcheller Bennet, the said Ruth and 
Batcheller being Guardians to Theodate Bennet a minor daughter 
of the said Cornelius Setting forth That the said Minor had one 
half of a Fulling Mill, Stream and appurtenances set off to her in 
the division of her Fathers Estate, which Mill is greatly out of 
repair. And praying that they may be impowered to make Sale of 
her share in the premises which they apprehend will be greatly to 
the advantage of the said Minor. 



[1st Sess.] Province Laws {Resolves, etc.). — 1768. 337 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioners be and hereby are impowered in their said capacity to 
make sale of the Premises mentioned in this Petition for the most 
the same will fetch, and to make & execute a good deed thereof to 
the purchaser, they observing the Rules and directions of the Law 
for the Sale of Real Estates by Executors and Admin" and giving 
caution to the Judge of Probate for the County of Plymouth that 
the money arising by said Sale be put to interest for the benefit of 
the said Minor as mentioned in this Petition. \^Passed June 1. 



CHAPTER 8. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYM- 
OUTH COUNTY. 

The FOLLOWING Order passed on the Account of M"" John Cot- Legislative 
ton. Treasurer of the County of Plymouth, which was laid before councif,*' 
the Court for Allowance, Viz' ^^^"^ ^^^- 

Resolved that the within Account, being right cast, and well ^aTpp'^io^'ss. 
vouched, be allowed, and that the Treasurer be discharged of the 
sum of Two hundred fifty one pounds, seventeen shilP & eleven 
pence that he has paid by order of the Court of Sessions, and that 
he be futher accountable for a balance of Fifty seven Pounds six 
shillings & ten pence due to the County, when he shall recieve it. 
[^Passed June 2. 

CHAPTER 9. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 

The FOLLOWING Order passed on the Account of Mich^ Farley, Legislative 
Treasurer of the County of Essex, which was laid before the Court councif ^^ *^^ 
for Allowance, Viz' xxvii., 312. 

Resolved that the within Account being right cast & well vouched House Jour- 
be allowed, and that the Treasurer be discharged of the sum of. Two ii^i> pp- io> 23- 
hundred thirty nine pounds, twelve shillings, that he has paid by 
order of the Court of Sessions, and that he be further accountable 
for the sum of Three hundred and Ninety nine pounds, one shilling 
& seven pence remaining due to the County, when he shall recieve 
the same. [^Passed June 2. 



CHAPTER 10. 

RESOLVE IMPOWERING ISR^ FELIX, INDIAN, TO SELL REAL ESTATE. 

A Petition of Israel Felix of Middleborough, Indian man & Legislative 
Labourer Setting forth that by reason of Sickness in his family, councu^ ° 
he is involved in debt, and hath no means of discharging the same, ^als '' ^^^' 
but by the sale of land And praying that he may be impowered to Archives, 
sell an Out lot of ten Acres for that purpose. xxxiu., 478. — 



338 



Province Laws {Resolves, etc. ) . — 1768. [Chaps. 11,12.] 



Mass. 
Archives, 
xxxlil., 477. 
House Jour- 
ual, p. 20. 
Province 
Laws, xvll., 
75, chap. 182. 



[Eead and] 

Resolved that the prayer of this petition be so far granted that 
the petitioner be and he hereby is impowerd to make sale of the 
ten Acre Lot of Land mentioned in this petition, (with the Ade & 
Assistance of the Guardines within Mentoned) And to make and 
Execute a good Deed in Law to the purchaser, and the Moneys aris- 
ing by Said Sail to be applied by said Guardines for the payment of 
the petitioners just debts. \^Passed June 2. 



Legislative 
Records of the 
Council, 
xxvii., 314. 

Mass. 
Archives, 
cxviii., 354. 

Mass. 
Archives, 
cxviii., 351. 
House Jour- 
nal, pp. 22, 24. 



CHAPTER 11. 

RESOLVE CONFIRMING THE PROCEEDINGS OF A TOWN MEETING AT 

ATHOL. 

A Petition of Nathaniel Graves one of the Agents for the Pro- 
prietors of the town of Athol, in the County of Worcester. Setting 
forth That the said Proprietors at a Meeting held on the 31 of 
March last passed, a number of Votes laying out and establishing, 
sundry Roads & high ways in the said Town as particularly in sev- 
eral Votes passed at said Meeting from N*^ 2. to N° 12. inclusive. 
And praying in the name k behalf of the Proprietors of Athol, that 
the said Votes may be confirmed, with the Streets & Lanes, as therein 
laid out and described 

[Eead and] 

Resolved that the prayer of this Petition be granted, and that the 
Votes of Said Proprietors at their Meeting in March Last Be and 
hereby are Confirmed, and that the Lands Granted at Said meeting 
for Streets and Lanes in Said Town of Athol by Said Proprietors as 
Described in Said Petition be and hereby are Confirmed to the s"* 
Town of Athol for Ever for the Purposes in Said Petition Mentioned. 
[Passed June 2. 



CHAPTER 12. 



Legislative 
Records of the 
Council, 
xxvll., 315. 

Legislative 
Records of the 
Council, 
xxvil., 122. 
House .Jour- 
nal, pp. 28, 29. 



ORDER IMPOWERING CHARLES ROBINSON TO FILE HIS COMPLAINT 
BEFORE THE SUPERIOR COURT AT FALMOUTH, CUMBERLAND COUNTY. 

A Petition of Charles Robinson of Cape Elizabeth, praying, that 
the Justices of the Superior Court may be impowered to affirm a former 
Judgment obtained by him against James Miller, the Petitioner's 
neglect in filing his Complaint notwithstanding 

Read : and it appearing that James Miller the adverse party has 
been duly served with a Copy of this Petition, and Order thereon, 
and no Answer thereto being given in. Therefore 

Ordered that the Petitioner have liberty to file his Complaint, at 
the Superior Court next to be holdeu at Falmouth, in the County 
of Cumberland, and that the Justices of said Court be, & they are 
hereby authorized, if they see Cause, to grant to the Petitioner 
affirmation of the former Judgment, with additional Interest and 
Costs, the term for granting the same being past notwithstanding. 
\^Passed June 3. 



[1st Sess.] Province Laws {Resolves, etc.). — 1768. 339 



CHAPTER 13. 

ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS Legislative 

TO THE DISTRICT OF DOUGLASS. Records of the 

Council, 
xxvil., 315. 

Ordered that y'' Printers bo directed to deliver to the District of House Jour. 
Douglass, a Set of the Province Laws. \^Passed June 3. nai, p.26. 



CHAPTER 14. 



RESOLVE ALLOWING £14. 3. 8 TO REV STEP^ BADGER. Legislative 

Records of the 
Council, 

A Petition of Stephen Badger of Natick, Clerk, praying an xxvii., 317. 
Allowance for sundry disbursments on poor Indians there to the Archives, xiv., 



520. 



amount of £14.3.8 as more particularly set forth in a former Peti- 
tion which was under the Consideration of this Court the last year. Y^^f: 

„ , o -^ Archives, xiv., 

Kead & 519. House 

Resolved That there be allowed & paid out of the Province Treas- gs^ne;)';''''' "''''• 
ury the sum of fourteen pounds three Shillings & Eight pence to ^^^'^^'^^^ 
M' Stephen Badger in full for Boarding & taking care of Thankf ull chap'. 36. 
Figgins &, her Son untill y® first of June Instant. [Passed June 6. 



CHAPTER 15. 

RESOLVE GRANTING 100 ACRES OF LAND EACH TO EBEN" AND JOEL 

TRUMBLE. 

A Petition of Ebenezer Trumble, & Joel Trumble Setting forth, Legislative 
that they had settled upon some of the Province Lands lying between council, ° 
Blanford & Sandisfield being in a rough uncultivated Country, inso- xxvn., 318. 
much that it was not only difficult but dangerous travelling therein. a^i"^n''i5"29 
And praying that they may each of them have a Grant of 100 Acres 
Land, in said place. 

[Kead and] 

Resolved that there be and hereby is granted to Ebenezer Trumble 
& Joel Trumble each of them in Severalty, their Heirs & Assigns 
forever, One hundred Acres of the Province lands, lying in a place 
called the Greenwoods between Blanford and Sandisfield on the sev- 
eral Spots where the Petitioners now live ; to be laid out by a Sur- 
veyor and Chainmen under Oath : the Petitioners each returning a 
Plat of the land granted to this Court, within twelve Months from "^ 

this date for Confirmation, and paying to the Province Treasurer, 
Six Pounds thirteen shillings & four pence each, in Consideration 
for said Lands, or giving good Security to the said Treasurer for 
the same. [Passed June 6. 



340 



Province Laws {Resolves^ etc.) . — 1768. [Chaps. 16-18.] 



CHAPTER 16. 



Legislative 
Records of the 
Council, 
xxvii., 319. 
Mass. 

Archives, xiv., 
511. 

Mass. 

Archives, xiv., 
510. 



RESOLVE GRANTING £20 TO THE TOWN OF PROVINCETOWN. 

Resolved that there be Granted to the town of Province town the 
sum of twenty Pounds to Enable them to Hire Preching among 
them & that the s^ sum of twenty Pounds be paid out of the Pub- 
lick tresury & Put into the Hands of the Rev^ Doctor Joseph Sewall 
for that Purpose only.' \^Passed June 7. 



Legislative 
Records of the 
Council, 
xxvli., 321. 
Mass. 
Archives, 
xxxiii., 476. 

Mass. 
Archives, 
xxxiii., 475. 
House Jour- 
nal, pp. 10, 16, 
36. Province 
Laws, xvii., 
269, chap. 104. 



CHAPTER 17. 

ORDER ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE HASSA- 

NAMISCO IND8. 

Artemas Ward, & Timothy Paine Esq^^ presented an Acco^ as 
Trustees for the Hassanamisco Indians 

Read, and it appearing that there is resting in the hands of the 
Trustees of the llassinamisco Indians on the within Account of 
Principal the Sum of £581.7.4 And of Interest 19/9" Therefore 

Ordered tliat the said Trustees be accountable for those Sums. 
[Passed June 7. 



CHAPTER 18. 



RESOLVE REQUESTING THE GOVERNOR TO SEND BRIEFS THROUGH 
THE PROVINCE SOLICITING SUBSCRIPTION FOR THE SUFFERERS BY 
THE FIRE AT MONTREAL. 



Legisl.ative 
Records of the 
Council, 
xxvii., 322. 
Mass. 
Archives, 
Ixxxvii., 114. 

Legislative 
Records of the 
Council, 
xxvii., 311. 
House Jour- 
nal, pp. 25, 33. 



The House taking into consideration his Excellency's Message of 
the 2'' curr' and the Letter accompanying it relating to the calamity 
brdt on the city of Montreal by the late Fire there and it appear- 
ing that their case deserves the Attention of all charitably disposed 
Persons, 

Resolved, That his Excellency be desired to send Briefs through 
out this Province representing the Distress of the Sufferers to the 
Inhabitants & recommending to them a general contribution for 
their Releif to be paid into the Hands of the Treasurer of tliis Prov- 
ince to be transmitted to the Justices of the Peace from whom the 
said Letter came to be by them distributed among the Sufferers as 
they in their Discretion shall Judge proper. [Passed June 7. 

• Not found in the House Journal. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 341 

CHAPTEK 19. 

RESOLVE GRANTING TO JN^ PIGEON LICENCE TO SELL STRONG DRINK. 

A Petition of John Pigeon of Newtown Setting forth that the Legislative 
house in which he now dwells, has been for many years past, a licensed Jjouncif "* ^^^ 
house; and that since his removing into it, he hath not only obtained xxvii., 323. 
the Approbation of the selectmen of tlie said town, but of the greater House Jour- 
part of its Inhabitants to sell spirituous Liquors therein. But as the °'*'i'-'^^- 
time for granting licenses by the Court of General Sessions of the 
peace is elapsed Praying that two of his Majesty's Justices of 
the peace for the County of Middlesex may be impowered to grant 
him a license for that purpose 

[Read and] 

Resolved that the prayer of this Petition be granted, and that two 
of his Majesty's Justices of the peace for the County of Middlesex 
Quorum Unus, be and hereby are impowered, if they think proper, 
to grant license to the Petitioner to be a Retailer of spirituous 
liquors in the town of Newtown, in the house where he now dwells, 
or in his Shop contiguous thereto, the remaining part of this year, 
he having obtained the Approbation of the selectmen of Newtown 
for that purpose according to law : The said Justices returning a 
Certificate to the Court of General Sessions of the peace, next to be 
holden in said County. \_Passed June 8. 



CHAPTER 20. 

ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS Legislative 

TO THE TOWN OF WILBRAHAM. Records of the 

Council, 
xxvil., 325. 

Ordered that the Printers be directed to deliver to the town of 
Wilbraham a Set of the Province Laws.' \^Passed June 9. 



CHAPTEE 21. 

RESOLVE IMPOWERING SIMON BROOKS AND SARAH BRIGHAM, GUAR- 
DIANS, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Simon Brooks Guardian of Amariah Brigham, Legislative 
and Sarah Brigham Guardian of Moses Brigham, Minors, Children councif *** '^'^^ 
of Aaron Brigham late of Grafton dec'' Intestate Setting forth that xxvii., 325. 
the said deceased, by his last Will & Testament gave to his said two House Jour- 
Sons, all his Right of land in Shrewsbury, called the Leg, to be 32**' p^oviAce 
equally shared between them, and that said land be sold as soon as Laws, ii., 151, 
may be by their Guardians, and the Money put out to use for said 
Sons And as they doubt their power of executing Deeds for the 
said land Praying that they may be impowered for that purpose, 
that so the Will of the Testator may be complied with 

[Read and] 

* Not found in the House JournaL 



342 



Province Laws {Resolves, etc.). — 1768. [Chaps. 22, 23.] 



Resolved that the Prayer of this petition be granted, and that the 
Petitioners be and are hereby in their said Capacity impowered to 
make sale of the lands mentioned in the said Petition for the most 
the same will fetch, and to make a good deed or deeds of the same 
to the purchaser, they observing the rules and directions of the Law 
for the sale of Eeal Estates by Executors & Administrators, and giv- 
ing Caution to the Judge of Probate for the County of Worcester, 
and that the Money arising by the said sale be put to Interest for 
the benefit of the said Minors. \^Passed June 9. 



CHAPTEK 22. 



Legislative 
Records of the 
Council, 
xxvil., 326- 

House Jour- 
nal, pp. 24, 40, 
41. Province 
Laws, il., 151, 
chap. 10. 



RESOLVE IMPOWERING JOHN CHOATE, ADM", TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Choate of Ipswich, Admin' of y* Estate of 
Daniel Choate late of said Ipswich dec'' Setting forth that the said 
Daniel dyed seized of two fifth parts, and two thirds of one other 
fifth part of about thirty-five Acres of land lying in Common with 
his three Sisters; that he was indebted about Twenty six pounds, 
and left no personal Estate wherewith to pay. That the Children 
of John Pitman deceased, being four in number, and all Minors, 
are intitled to one sixth part of said Estate ; and that Mary Pitman 
their Mother, & natural Guardian and Admin^ of the said John is 
desirous of having their Interest in said Estate sold And praying 
that as Administrator aforesaid, he may be impowered to sell the 
whole of the Keal Estate of the Heirs aforesaid. 

[Read and] 

Resolved that the Petitioner be, and he hereby is impowered to 
make sale of all the Real Estate of the deceased in the Petition 
ment*" for the most the same will fetch, and to execute a good Deed, 
or deeds thereof, he observing the directions of the law for the sale 
of Real Estates by Executors & Administrators, and giving sufficient 
Caution to the Judge of Probate for the County of Essex that the 
Proceeds arising by such sale shall be applied to the payment of 
the just debts of the said deceased, and the Overplus secured for 
the Benefit of the Heirs. \^Passed June 9. 



CHAPTER 23. 



Legislative 
Records of the 
Council, 
xxvii., 327. 

House Jour- 
nal, pp. 33, 39, 
40. Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING JEMIMA MILES TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jemima Miles, Widow of Joseph Miles late of 
Shrewsbury Yeoman deceased Setting forth that the said Joseph 
died siezed of about 112 Acres of land with the Buildings thereon, 
lying in Shrewsbury afores*^ in which she hath her Dower: That the 
Heirs who are of age, are desirous of selling their Shares; and pray- 
ing that she may be impowered to make sale of such part of said 
Estate as was sett off to her as her Dower, the proceeds to be put 
out to Interest for her use during her natural life, and secured for 
the Benefit of the heirs afterwards. 

Read and 



[1st Sess.J Province Laws {Resolves, etc.). — 1768. 343 

Ordered that the Prayer of this Petition be granted, and that the 
Petitioner be, and she is hereby impowered to make sale of the one 
third part of tlie tract of land within mentioned for the most the 
same will fetch, and to make and execute a good deed or deeds of 
the same, she observing the rules of the Law, relating to the sale 
of Real Estates, by Exec" and Administr* and giving sufficient Cau- 
tion to the Judge of Probate for the County of Worcester, that the 
Proceeds arising by said sale be put out on Interest as is within men- 
tioned, that the Petitioner may recieve the Interest thereof yearly 
during her natural life, and that after her death the principal be 
paid to the Children, and Heirs of the within named Joseph Miles 
in equal proportion. \^Passed June 9. 



CHAPTER 24. 

ORDER IMPOWERING ASA BRIGHAM, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Asa Brigham, Guardian to Jemima Perce, Mili- Legisiattve 
cent Miles, and Keziah Miles, all Minors, and Children of of council,** 
Joseph Miles, late of Shrewsbury dec^ Setting forth That the ^^^"- ^'^"- 
three Minors aforesaid are Hiers to three seventh parts of the said ^""pp'^^^sg 
Joseph's Estate, the principal part of which consisted of 112 Acres Province' 
of Land, and Buildings on the same lying in Shewsbury, which ch^pf'io."' ' 
Estate is not capable of a Division, without great Prejudice, and 
that the Heirs who are of age, are desirous of selling. And praying 
that he may be impowered to sell the said Minors Interest therein. 

Read and 

Ordered, that the prayer of this Petition be granted; and that 
the Petitioner be, and he hereby is impowered in his said Capacity, 
to make sale of so much of the within described Tract of Land and 
Buildings thereon, as belongs to the said Jemima Millicent and 
Keziah, Children and Heirs of Joseph Miles within named, for the 
most the same will fetch, and to make and execute a good deed or 
deeds of the same, he observing the directions of the law relating to 
the sale of Real Estates by Executors and Admin" and giving suffi- 
cient Caution to the Judge of Probate for the County of Worcester, 
that the Proceeds arising by the said sale be put out on Interest, 
for the Benefit of the three Children aforesaid, Viz* Jemima, Milli- 
cent, and Keziah, in equal Shares and Proportions, and that the 
share and proportion of each of them be paid to them severally, as 
they shall arrive to the age of Twenty one years, or at the times of 
their Marriage. [Passed June 9. 



CHAPTEE 25. 

RESOLVE DISCHARGING HENRY BALDWIN AND JN^ MARTIN FROM 
LIABILITY ON EXCISE BONDS. 

A Petition of Henry Baldwin of Shrewsbury, and John Martin Legislative 
of Northborough, Inholders Setting forth That they were bound counc'lf °* ^'^^ 
with one Jacob Fisk of Hardwick, who was also licensed : That the xxvii., 328. 

» Sic. 



344 



Province Laws {Resolves, etc.). — 1768. [Chap. 26.] 



House Jour- 
nal, p. 38. 
Province 
Law8, iv., 874, 
note. 



said Jacob soon after went out of the Province, having as they believe 
never sold any liquors subject to the Duties of Excise: And as the 
Collector of Excise cannot by law settle with the Petitioners with- 
out the Oath of the said Jacob, which cannot now be procured, 
Praying for Relief. 

In the house of Representatives. 

It appearing to this house that Jacob Fisk mentioned in the Peti- 
tion licensed as a Retailer in the County of Worcester to sell spir- 
ituous liquors at August term 1766, did not sell any spirituous 
liquors after his being so licensed. Therefore 

Resolved, that the said Henry Baldwin & John Martin, who were 
bound with the s<^ Jacob Fisk for the payment of his Excise, be and 
hereby are discharged from the Bond aforesaid. In Council, Read 
and Concurred. \^Passed June 9. 



CHAPTEE 26. 



Legislative 
Kecords of the 
Council, 
xxvii., 330. 
Mass. 
Archives, 
cxvili., I'dfi. 

Mass. 
Archives, 
cxviii., 278. 
House Jour- 
nal, pp. 24, 40. 
Province 
Laws, xil., 252, 
chap. 287. 



RESOLVE GRANTING A TOWNSHIP TO JOSIAH RICHARDSON AND OTHERS. 

A Petition of Josiah Richardson of Sudbury, Agent for a num- 
ber of Petitioners, whose Ancestors were in the Expedition to Canada, 
in the year 1690 ' Setting forth, that upon a Petition to the General 
Court, in y® year, 1737, an Order passed that the Petitioners should 
make out, & prove their Claims, in right of their Ancestors, to 
a Grant of land from the Government, as other Soldiers, in that 
Expedition had done, and been accordingly recompenced : that they 
had accordingly done it; but that no Grant had as yet been made 
them. And praying that they may now have a Grant of a Township 
made them. 

A list of the Petitioners is as follows, Viz'' 

James Taylor, in his own right 
John Ofland ditto 

John Mixer ditto 

John Jones ditto 

John Green, in the right of William Green 
John Green, in the right of John Green 
Ephraim Twichell, in the right of Joseph Twichell 
Isaac Sheffield, in the right of William Sheffield 
Palmer Goulding, in the right of Edward Clapp 
James Moor, in the right of George Wulkup 
Daniel Moor, in the right of Jacob Moor 
Ebenezer Flagg, in the right of Richard Flagg 
Joshua Kibby, in the right of Lodwick Dowse 
James Taylor, in the right of Nicholas Fox 
Nathaniel Morse, in the right of Nath' Morse 
Charles Richardson, in the right of Samuel Ring 
Francis Mocke, in the right of Timothy Seyms 
Richard Ward, in the right of Obadiah Ward 
Daniel Brewer, in the right of Daniel Brewer 
Samuel Green, in the right of Joseph Green 
Samuel Stone, in the right of Samuel Stone 
Joseph Stone, in the right of John Parkhurst 
Micah Stone, in the right of Daniel Stone 
John Weson, in the right of Samuel Weson 
Ebenezer Twichell, in the right of Edward Twichell 
Richard Burt, in the ria;ht of Thomas Burt 
Daniel Maclafilin, in the right of Robert Macklafilin 
Joseph Meriam, in the right of Robert Meriam 
Peter Grout in the right of John CoUer 
Samuel Graves in his own right 
Joseph Trumbal in the right'of Joseph Trumbal 
Ebenezer Rice in the right of Ebenezer Rice 

* Mass. Archives, cxviii., 285; but 1692 in both copies of Legislative Records of the 
Council. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 345 

John Cogin in the right of John Cogin 

John Cogin in the right of Henry Cogin 

Caleh IJridges in the right of Joshua iJridges 

Abner Nuterson • in the riglit of John Fay, chiimed by Pahiier Goulding 

John Fay, in his own right, chiinicd by D" 

Samuel Lisconi, in the right of his father 

Nathaniel Dyke, in his own right, claimed by P. Goulding 

Daniel Walker, in his own right 

Daniel Walker, in the right of Thomas Axdill 

Ebenezer Corey, in the rif^ht of Thomas Corey 

John Woodward, in the right of Joseph Moore 

James Paterson, in the right of Andrew Paterson, claimed by Palmer Goulding 

Amos Hide in the right of Daniel Hide 

Norman Clark in the right of Daniel Mackey 

Eben'' Corey in the right of Samuel Page 

Peter Bent in the right of Hopestill Bent 

Edward Ward in his own right 

James Paterson in the right of Andrew Patterson, claimed by Palmer Goulding 

Noah Parker, in the right of Elea^ Hide 

Benj" Parker in the right of Isaac Parker 

Joseph Barthe in his own right 

John Clark in the right of John Clark 

Samuel Paris in the right of Peter Noyes 

Jonathan Parker in his own right 

Ezra Holbrook, in the right of John Holbrook 

Nath' Emmes in the right of Nath' Emmes 

Nath' Emmes in the right of John Jacquish 

Isaac Baldwin in the right of Abr" Bryant 

Joseph Harrington in the right of his father Joseph Harrington 

Daniel Woods in the right of his Uncle Woods 

Jesse Rice in right of his father Joseph Rice 

Moses Bellows in right of his father 

Sam' Whitney in the right of Joseph Beach 

James Fowle in the right of James Fowle 

Jonas Bond in the right of Jonas Bond 

Josiah Fuller in the right of Joseph Winter 

Tho» Herrington in the right of Daniel Herrington 

Joshua Fuller in the right of Joseph Winter 

John Temple in the right of his father Richard Temple 

John Noyes in the room of Moses Noyes 

Nath' Sparhawk in the right of No' Sparhawk 

David Comy in the right of John Corny 

Samuel Fuller in the right of Richard Park 

Joshua Fuller in the right of Nath' Norcross 

Joseph Morse in the right of Joseph Morse 

[Read and] 

Resolved that there be granted To Josiah Eichardson And others 
whose Names are mentioned in the Petition herewith Exhibited 
whose Ancestors were in the Expedition Against Canada in the 
Year 1690 a Township of the Contents of Six Miles & three Quarters 
square to be laid out in the unappropriated Lands of this Province 
to the Eastward of Saco River provided the Grantees within Seven 
Years Settle eighty Pamilies in s'' Town build a House for publick 
Worship And Settle A learned protestant Minister & lay out one 
eighty third Part for the first Settled Minister one Eighty third 
Part for the Ministry & one Eighty third Part for the use of the 
School in s*^ Town »& one Eighty third part for the Use of Harvard 
College for ever Provided also they Return a Plan thereof into the 
Secretarys Office in twelve Months from the Date Herof for Confir- 
mation. \^Passed June 9. 

^ The State Library copy, Legislative Records of the Council, xxviii., 338, reads, 
" Muterson." 



346 



Province Laws {Resolves, etc.). — 1768. [Chaps. 27-29.] 



CHAPTER 27. 



RESOLVE ALLOWING £2. 10 TO SAM"- KNAP. 



Legislative 

Records of the 

Council, 

xxvii., 332. 

Mass. 

Archives, 

lxxx.,669. 

Mass. 
Archives, 
Ixxx., 658. 
House Jour- 
nal, pp. 33, 41. 
Province 
Laws, xvi., 89, 
chap. 199. 



A Petition of Samuel Knap of Kittery Setting forth, that 

liis Brother John Knap was a Soldier, in Cap'' Tapley's Company, 
in the pay of the Province, in 1757. who was taken Prisoner at the 
Surrender of Fort William Henry, and carried to France where he 
died. That when the Petitioner recieved his Brother's Wages, there 
was a deduction of fifty shillings for a Province Gun, which he car- 
ried out ; And praying an Allowance, as it was out of his power to 
have returned it 

[Read and] 

Resolved that the prayer of the within Petition be granted & that 
there be allowd & paid out of the publick Treasury to the petitioner 
the Sum of Two pound ten Shillings in Consideration of the gun 
mentiond in the Petition. \^Passed June 9. 



CHAPTER 28. 



ORDER SETTING OFF EBENEZER PAGE WITH HIS ESTATE FROM THE 
TOWN OF LEXINGTON TO THE TOWN OF BEDFORD. 



Legislative 
Records of the 
Council, 
xxvll., 333. 

Legislative 
Records of the 
Council, xxvi., 
312, 367, 364. 
House Jour- 
nal, p. 45. 



The Committee appointed the 9'*' of Jan'' last, on the Petition 
of Ebenezer Page of Lexington praying to be sett off to Bedford, 
made report, & thereupon the following Order passed, viz' 

Ordered that the Petitioner with his Lands, agreable to the fol- 
lowing Bounds be & hereby are sett off to the town of Bedford, there 
to do duty & recieve privilege, Viz' beginning at a Maple tree marked, 
standing in Bedford line, thence running East 3314 Degrees, north 
123% rods, to the South Corner of Pages Field, on the East side of 
the road leading to Lexington Meeting house, thence running North 
35^2 degrees East, 160 Eods, to a Stake & heap of Stones at the 
Corner of a Wall, being the Northwest Corner of Will" Read Esq''* 
Pasture. [Passed June 9. 



CHAPTER 29 



Legislative 
Records of the 
Council, 
xxvU., 334. 

House Jour- 
nal, pp. 32, 41. 



RESOLVE IMPOWERING ABIGAIL CARTER, ADM^, TO RE-CONVEY LAND. 

A Petition of Benjamin Osgood of Lancester Yeoman and of 
Abigail Carter Widow & Administratrix of y® Estate of her late 
Husband John Carter of said Lancaster Esq' dec*^ Setting forth that 
on the 28*'' of March 17(33, the s'^ Benj'' being indebted to the said 
John, in the Sum of Eighty Pounds, for security of the same gave 
to the said John an absolute deed of his farm in said Lancester, con- 
taining seventy eight Acres, which by a writing under his hand, he 
the said John promised to reconvey, upon the payment of the said 
Sum with Interest, within two years And praying that she may be 
impowered to reconvey the said farm upon payment of the principal 
Sum & Interest, the time limited being elapsed notwithstanding 



[IST Sess.] Province "Laws {Resolves^ etc.). — 1768. 347 

• 

[Read and] 

Resolved that the Prayer of the Petition withinmentioned, be so 
far granted as that the said Abigail Carter be, and hereby is author- 
ized and impowered, in her said Capacity to reconvey tlie Premisses 
in the Petition mentioned to the within named Benja" Osgood, or 
his heirs, when the said Benjamin shall pay the said Abigail the 
Sum of Eighty Pounds, with the Interest thereof as in the said 
Petition mentioned, which Conveyance when made, shall be to all 
Intents & purposes as effectual to the said Benjamin and his Heirs, 
as if it had been made by the said John Carter in his life time. 
\^Passed June 10. 



CHAPTEE 30. 

RESOLVE ALLOWING £3 AND AN ADDITIONAL £3 TO HIS PENSION TO 

ROB'T MILLER. 

A Petition of Robert Miller of Sanford, in y^ County of York Set- Legislative 
ting forth, that in Consideration of the loss of an Arm at Louisbourgh, councu, 
in the year 1745, he recieved for about twelve years, a Pension of Mala.'^^' 
£3 fj Annum and that for two years past he has been allowed an Archives, 
additional Pension of three Pounds; and as his health is now much ' * " 



impaired, praying for an additional Allowance Archives, 

[Read and] i^c^sfi- 

Resolved that there be granted and allowed to be Paid out of the nai,pp.32,46. 
Publick Treasury the Sume of three Pounds To Robart Miller the Laws °xfv., 145, 
Petitioner for liis Present Subsistence and that there be added to igo^^\i|'p'\Y' 
his former Pension which was six Pounds, three Pounds making Ante, p. 74, " 
in the whole Nine Pounds to be Paid Annually during the Courts ^^^'^' ^^' 
Pleasure to Commence in January next at which Time his former 
Pension becomes Due. \^Passed June 10. 



CHAPTER 31. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER 

COUNTY. 

The FOLLOWING Order passed on the Account of John Chandler Legislative 
Esq' Treasurer of the County of Worcester, the same being laid councff °'*^^ 
before this Court for their Allowance, Viz' xxvii., 337. 

Resolved that the within Account being right cast & well vouched House Jour- 
be allowed; and that the Treasurer be discharged of the sum of Two ^nu,\ifr!^' 
hundred & Eighty one pounds, eighteen shillings & nine pence, chap. 1. 
which he has paid by order of the Court of Sessions including his 
own Commissions, & the tax laid on y® town of Woodstock for the 
year 1767. And that he be further accountable for a Balance, of 
Two hundred & seventy two pounds, ten shillings and nine pence 
three farthings, now outstanding ; and also for the tax laid on Wood- 
stock, when he shall recieve the same. \^Passed June 10. 



3i8 



Province Laws {Resolves, etc.). — 1768. [Chaps. 32, 33.] 



CHAPTER 32. 



RESOLVE IMPOWERING JOB SMITH AND HANNAH MARICK, EXECUTORS, 
TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, 
xxvii., 341. 

House Jour- 
nal, pp. 11, 18, 
36, 51. Prov- 
Ince Laws, ii., 
151, chap. 10. 



A Petition of Job Smith and Hannah Marick Executors of the 
last Will & Testament of Isaac Marick late of Taunton dec*^ Setting 
forth that the deceaseds Debts amount to £95.15.11Mj more than 
his personal Estate amounts to, that divers Executions are out against 
said Estate: And praying that they may be impowered to sell so 
much of the deceased's Eeal Estate, as may be sufficient to dis- 
charge the said Debts 

[Read and] 

Resolved that the Prayer of this Petition be granted, and that the 
Petitioners be and hereby are impowered in their said Capacities to 
sell so much of the deceaseds Real Estate as shall be sufficient to 
pay the said deceaseds just debts and the further charges that may 
arise in settling s*^ Estate for the most it will fetch, taking the same 
where it can be best spared and with the least prejudice to what 
remains ; and to make and execute a good deed or deeds of the same 
in Law to the purchaser or purchasers; they observing the rules 
given by Law to Executors &u Admin" for the Sale of Real Estate, 
and giving caution to the Judge of Probate for the County of Bris- 
tol that the proceeds arising by said Sale be applied to the purposes 
hereinmentioned. \^Passed J tine 14. 



CHAPTER 33. 



RESOLVE IMPOWERING STEP" BADLAM, GUARDIAN, TO JOIN IN SALE 
OF REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 



Legislative 
Records of the 
Council, 
xxvii., 342. 

House Jour- 
nal, pp. 3"2, 51. 
Province 
Laws, 11., 151, 
chap. 10. 



A Petition of Stephen Badlam of Dedham Guardian to Stephen, 
Elizabeth ' & William Badlam Minors, Children of Stephen Badlam 
and Hannah his Wife both deceased and Grand Children of the 
Petitioner Setting forth That the said Minors, together with 
their Brother Ezra Badlam and Sister Hannah Pierce both of age 
are siezed in right of their mother of one fifth part of 300 Acres 
of unimproved Land in Ashburnham : that this Court hath already 
given leave for the sale of two fifths of said Land belonging to the 
Children of Stephen Clap Minors, and that all others interested in 
the said Land who are of age, are desirous of selling the same and 
praying that he may be impowered to join in the sale in the behalf 
of the said Minors. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner be, and hereby is impowered in his s** capacity to join 
with the rest of the said persons interested in the Sale of said Lands, 
in executing a good deed or deeds in Law to the purchaser or pur- 
chasers, he observing the rules given by Law to Exec" and Admin" 
for the sale of Real Estate, and giving caution to the Judge of Pro- 
bate for the County of Suffolk that the proceeds arising by said Sale 

^ Abigail ? See infra, top of p. 349. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 349 

may be put to interest and kept for the benefit of said Minors when 
they shall arrive to full age, or to the said Abigail when she shall 
arrive to the day of Marriage or to full age. \_Fassed June 15. 



CHAPTEK 34. 

RESOLVE IMPOWERING THE JUSTICES OF THE INFERIOR COURT IN 
THE COUNTY OF PLYMOUTH TO RE-CONSIDER A JUDGMENT. 

A Petition of Thomas Clap and Samuel Gushing Esq" Setting LeRisiative 
forth, That they brought an Action against Samuel Stoddard of ^ounctf °* '^^ 
Hingham upon a plain Bond and recovered Judgment against him; xxvii., 343. 
but thro' mistake the Judgment was for £4.10.6 short of the just House Jour- 
debt, which was not perceived until the Execution was returned "^^pp-^i.ss. 
satisfied. And praying that the Justices of the Court from whence 
the execution issued may be impowered to rectify the said Judg- 
ment at their next term. 

[Read and] 

Resolved That the prayer of the Petition of Thomas Clap and 
Samuel Gushing be granted, and that the Justices of the Inferior 
Court of Common pleas at the next term to be holden in and for 
the County of Plymouth on the first Tuesday of July be and hereby 
are impowered to reconsider the Judgment made up by said Justices 
at an Inferior Court of Common pleas holden at Plymouth on the 
second Tuesday of April 1767, and to rectify any mistake in said 
Judgment made up in said Court on a Bond mentioned in said Peti- 
tion, the Petitioners being Plaintiffs and Samuel Stoddard Def\ and 
award Execution for so much as they the said Justices shall find 
justly due and still remaining unpaid, the Petitioners to notify the 
said Samuel Stoddard to be present at said Term if he please, to 
offer his objection, if any he hath by serving said Stoddard with a 
Copy of the Petition and Resolve of Court thereon seven days before 
the sitting of said Court. \^Passed June 15. 



CHAPTER 35. 

ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS TO Legislative 

THE DISTRICT OF WELFLEET. Records of the 

Council, 
xxvii., 344. 



Or^ere^ that the Printers be directed to deliver the District of House Jour- 
Welfleet a set of the Province Laws. \^Passed June 15. nai.p.M. 



CHAPTER 36. ^«^'^!?*^^. 

Records of tlie 
Council, 

ORDER DIRECTING THE IMPOST OFFICER TO SUPPLY PLYMOUTH LIGHT- m^^"' ^*" 
HOUSE WITH OIL AND OTHER NECESSARIES. Archives, 

Ixvi., 437.* 



Order^ that the Impost Officer be & hereby is directed to Supply House Jour- 
the Light House at Plymouth with oil & other necessarys, till the Province' 
further order of this Court, upon Application from the Committee \lZ^/^Anu^^' 
appointed to Agree with some meet Person to keep said Light House, p- 32b, chap.' 
\Passed June 15. chap. 37. ' 



350 



Province Laws {Resolves, etc.). — 1768. [Chaps. 37, 38.] 



CHAPTEK 37. 



Legislative 
Records of tlie 
Council, 
xxvii., 345. 
Mass. 
Arcliives, 
Ixvi., 436. 

House Jour- 
nal, p. 54. 
Supra, chap. 
36. 



ORDER APPOINTING A COMMITTEE TO ENGAGE A KEEPER FOR PLYM- 
OUTH LIGHT HOUSE. 

In the House of Representatives 

Orderd that Coll Warren & Cap Thomas with such as the Hon 
Board shall joyn be a Coni^ to agree with a meet person to take the 
Care of the Light house on the Gurnett near Plymouth Harbour, 
now nearly finishd, to report at the next Session of this Court 

And that the said Committee be instructed to prepare a proper 
Advertisement, to be lodgd at the Impost Office, setting forth that 
a Light house is there erected, & the Course to steer with Safety 
on Sight thereof at Sea 

In Council Read and Concurred and Gamaliel Bradford Esq' is 
joined in the Affair. {^Passed June 15. 



Legislative 
Records of the 
Council, 
xxvii., 316, 346. 

Legislative 
Records of the 
Council, 
xxvii., 122. 
House Jour- 
nal, pp. 47, 54, 
58. 



CHAPTER 38. 

ORDER IMPOWERING THE ASSESSORS OF DISTRICT OF CONWAY TO LAY 
A TAX OF ONE PENNY PER ACRE YEARLY FOR THREE YEARS. 

A Petition of Thomas French Agent for the town of Conway, 
praying for a Tax on the lands in said town, for the purpose of 
building a Meeting house, & supporting the Gospel, 

Ordered that there be and hereby is a Tax of one penny ^ Acre 
yearly for the space of three years laid on all the Lands lying in 
Conway in the County of Hampshire for the purposes in said Peti- 
tion mentioned, and that the Assessors and Collectors or Constables 
of said Conway be and hereby are respectively impowered to assess 
and Collect the same and in case any of the owners or Proprietors 
of s** Laud neglect or refuse to pay their respective Assessments on 
said Land for sixty days after such Assessment is made end pub- 
lished by posting up the same in some public place in said Conway, 
and in the shire Town in the County of Hampshire, that then and 
in such case it shall and may be lawful for the s** Assessors to post 
up in some public place in said Town Notifications of the intented 
Sale sale ' of so much and no more of such delinquent Proprietors 
Lands as they shall judge necessary to pay and satisfy said Taxes 
and other necessary and intervening charges three months before 
the same be sold. And also that the said Assessors be obliged for 
the notification of said Proprietors to advertise in all the Boston 
News papers three several Weeks the intended Sale at least three 
Months before the Land be sold, and if any delinquent Proprietors 
do not by that time pay such Taxes and charges, then and in that 
case it shall be lawful for the said Assessors at a Public Vendue to 
sell and execute absolute Deeds in the Law for conveyance of such 
delinquent Proprietors Lands to the Person or persons who sliall 
give most for the same which deeds shall be good to all intents and 
purposes in the Law for conveying such Estates to the Grantees 
their Heirs and Assigns forever; and if the said Lands be sold for 
more than said Taxes and charges the overplus to be paid to such 
delinquent Proprietor or his order. \^Passed June 16. 

> Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1768. 351 



CHAPTER 39. 

RESOLVE IMPOWERING SARAH WILLSON TO SELL HER DOWER IN AN 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Willson Widow of Samuel Willson late of p®f^|^^',?"^fth 
Bedford in the County of Middlesex dec'' Setting forth That there council, 

was set off to her for her dower in her said Husbands Estate one ''^^''"•'^^'" 

third part of 50 Acres of Land and of one half a Saw Mill and Grist I.'fi'^^^.l^a'^l'yj. 
Mill together with part of an old House; that the premises are now Province' 
greatly out of repair, and she by reason of poverty, old age and ill- ciiap.'io.' ^ ' 
ness, unable to make the necessary Repairs : that the other two thirds 
were lately sold and her Children Judge it best that her third should 
be likewise sold and the interest of the Money applied towards her 
support. And praying that she may be impowered to sell the same 
accordingly. 

[Read and] 

Resolved that tlie prayer of this Petition be granted, and that the 
Petitioner be and hereby is authorized and impowered to make Sale 
of the one third part of the Lands, Mills & other Buildings in the 
said Petition mentioned for the most the same will fetch, and to 
make and execute a good and sufficient deed or deeds of the same, 
she observing the rules of the Law respecting the sale of Real Estates 
by Executors and Admin" and giving sufficient security to the Judge 
of Probate for the County of Middlesex that the proceeds arising by 
said Sale be put out on interest for the following purposes viz* That 
the Petitioner shall and may receive the interest thereof during her 
life, and after her death that the principal be paid to the several 
Heirs according to their respective interests and rights in the prem- 
ises. \^Passed June 16. 



CHAPTER 40. 

RESOLVE GRANTING 100 ACRES OF LAND TO CHILEAB SMITH. 

A Petition of Chileab Smith Setting forth That he settled r^^'^^^^'^.j^ 
upon Lands at Huntstown before the last War and during the War, council, 
he, with his three Sons defended themselves there: that the Pro- xxvn., 348. ^ 
prietors afterwards laid him out a 100 Acre lot N° 50 upon which ^Xpp^26'^57 
he hath spent to the amount of £80 in fencing and clearing; but Province ' 
that by a late running of the Lines of said Town now called Ash- chj^^is^xv?,' 
field, it appears that said Lot is not within the Township, but that ^^'' ^^'^^p- ^^• 
it is Province Land. And praying that for the considerations before 
mentioned the same may be confirmed to him, as it stands on the 
Proprietors Book of Records viz' the Southwest corner of the Lot 
N° 50 is in the Line of N° 18, 60 rods from the NE corner thereof, 
from which it runs North 19 deg^ East 100 Rods, thence East 19 
deg: South 112 rods 5 feet, thence South 19 deg. West 207 Rods, 
thence West 19 deg North 52 rods 5 feet, thence North 19 deg East 
107 rods, thence West 19 deg: North 60 rods and closed to the first 
Stake and bounded North and East upon undivided Lands South 
partly upon N° 34 first division Lot and partly upon N° 18 second 
Division, and West partly on said N° 18 and partly on undivided 
Land, in quantity One hundred Acres. 



352 



Province Laws {Resolves, etc.) . — 1768. [Chaps. 41, 42.] 



[Read and] 

Resolved, That the prayer of the Petition be granted, and that tlie 
whole Right of this Province in the hundred Acres of Land in the 
Petition of the said Chileab Smith mentioned and described, be 
granted to the said Chileab to hold to him, his Heirs and Assigns 
forever; He the said Chileab giving security to the Province Treas- 
urer to pay the Sum of Ten Pounds into the Province Treasury for 
the use of the said Province within two years from this time. [^Passed 
June 16. 



Legislative 
Records of the 
Council, 
xxvii., 349. 

House Jour- 
nal, pp. 41, 52, 
54, 56. Ante, 
p. 288, chap. 
133; p. 326, 
chap. 215. 



CHAPTEE 41. 

RESOLVE GRANTING 1,000 ACRES OF EQUIVALENT LAND TO SAMi- 

BROWN. 

The Memorial of Samuel Brown was read and thereupon 
Resolved That the prayer thereof be granted, and that the Land 
delineated and described in the Survey and Plans returned viz' Three 
hundred and eighty seven acres part thereof on Saddle Mountain 
so called adjoinning to Lauesborough, and six hundred and thirty 
three acres at Jericho so called in the County of Berkshire in two 
pieces, be granted & confirmed to the said Samuel Brown and his 
Heirs in full for the thousand Acres granted to the Memorialist in 
February last. Provided the same doth not exceed One thousand & 
twenty acres and doth not interfere with any former Grant. Pro- 
vided also that the said six hundred and tliirty Acres at Jericho 
aforesaid upon tlie final settlement of the Boundary Line of this 
Province with New York doth not interfere with said settlement; 
but in case it should so happen in the final settlement of said Line 
that any part of said Lands near said Boundary Line shall be in- 
cluded within the Province of New York, then the said Samuel 
Brown shall be allowed and have liberty further to Survey and lay 
out so much Land as shall be taken off by the settlement of said Line 
in some of the unappropriated Lands of this Province, and return a 
Plan thereof to this Court for confirmation. Provided the same be 
done by a skilful Surveyor and Chainmen under Oath »& returned 
within twelve months next after settlement of s** Line. \_Passed 
June 16. 



CHAPTER 42. 



Legislative 
Records of the 
Council, 
xxvii., 351. 

House Jour- 
nal, pp.40,55, 
56. Ante, 
p. 136, chap. 45. 



RESOLVE RELEASING PROVINCE TITLE TO LAND TO HUMP: DENAND. 

A Petition of Humphrey Denand Setting forth That in the 
year 1764 he began a Settlement on a Tract of Land lying West of, 
and near to Pittsfield since granted to Benj* Goodrich and Others. 
That afterwards finding that M' Cha* Goodrich was employed by 
other persons settled thereabouts to apply to the Court for Grants 
of such Lands, he also applied to the said Charles and depended on 
having his name inserted in the Grant; but by some means or other 
it was omitted. And Praying Relief. 

The Petition of Humphrey Denand was read, and it appearing 
that the said Humphrey in the year 1764 before any Grant or Re- 
lease of the Tract of Land in said Petition mentioned was made by 
this Province, took possession of part of the said Tract of Land, and 



[1st Sess.] Province Laws (i?e.so^ve.s, e^c). — 1768. 353 

that he has ever since continued in quiet and peaceable possession 
thereof, and that when the General Court of this Province on the 
20*'' of June 170G released and quit claimed to one Benj'' Goodrich 
and Others all their right & title to said Land, it was their true 
intention & design to have released and confirmed the same Land 
to all the then Inhabitants and Possessors thereof, but that the said 
Humphrey tho' then an Inhabitant there by some mistake was not 
mentioned or included in the same Kelease or quit claim. 

Therefore 

Resolved That so much of the said Tract of Land as the said Hum- 
phrey was possessed of at the time of making the Release aforesaid 
to the said Benj* Goodrich and others, and all the right and title 
of this Province in and to the same be released and quit claimed 
to the s*^ Humphrey and his Heirs. Provided that the same do not 
contain more than one fifteenth part of the whole of the said Tract 
of Land, he paying or giving security to the Province Treasurer for 
payment of one shilling ^ Acre for the same, be it more or less. 
{^Passed June 16. 



CHAPTER 43. 

RESOLVE ALLOWING £4. 16. 6 TO W'*' NEWMAN. 

A Petition of William Newman of Lynn setting forth. That in Legislative 
the year 1762 he entered as a Soldier in the pay of the Province coumiif,"*'^'^^ 
under Cap' Moses Hart; and that returning late in the Fall from xxvii., 352. 
Halifax, he contracted an illness which confined him near two House Jonr- 
months, and that by reason of other misfortunes since, he has not 57. ' ^'^^" ' ' 
been able to pay his Doctor and Nursing. And praying an allowance. 

[Read and] 

Resolved That there be and hereby is granted to the Petitioner 
William Newman four pounds, sixteen shillings and six pence out 
of the public Treasury in full for his Doctoring and Nursing men- 
tioned in his Petition, paid to M"" Ebenezer Burrill for the use of 
the Petitioner in the discharge of said debts.' \^Passed June 16. 



CHAPTER 44. 

ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS TO 
THE TOWN OF CHESTERFIELD. 

Ordered that the Printers be and hereby are directed to deliver Legislative 
to the Town of Chesterfield a set of the Province Laws.' {Passed counclr*"'^ 
June 16. xxvii., 353. 

■ Final action not found in the House Journal. 
^ Not found in the House Journal. 



354 



Province Laws {Resolves, etc.). — 1768. [Chaps. 45-47.] 



Legislative 
Records of the 
Council, 
xxvii., 355. 

House Jour- 
nal, pp. 15, 50, 
51, 60. Prov- 
ince Laws, ii., 
151, chap. 10. 



CHAPTER 45. 

RESOLVE IMPOWERING ELIZ* BARTLET, ADM^, TO SELL REAL ESTATE. 

A Petition of Elizabeth Bartlet Widow and Admin^ of the Estate 
of Gershom Bartlet late of Newton in the Province of New Hamp- 
shire deceased Intestate setting forth That the deceaseds debts 
amount to more than his Personal Estate, in consequence of which 
she hath obtained leave from the Judge of Probate in New Hamp- 
shire to sell as much of the Keal Estate as will pay the said debts. 
That he left only two pieces of Laud one lying in New Hampshire 
being his Homestead, which she is unwilling to sell, the other piece 
containing about eleven Acres of Pasture lyes partly in New hamp- 
shire and partly in the Massachusetts Government, and can be sold 
to the least disadvantage. And praying that she may be impowered 
to sell the same for the purpose aforesaid. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioner be and hereby is impowered in her s'' capacity to sell all 
the Real Estate within mentioned lying within this Province, and 
to make and execute a good deed or deeds to the purchaser or pur- 
chasers, she observing the directions given by the Law of this Prov- 
ince relating to Exec" and Admin" selling of Real Estate; and 
giving caution to the Judge of Probate for the County of Essex 
who is liereby impowered and required to receive the same, that the 
said proceeds arising by the sale of said Estate may be applied to 
the within mentioned purposes. \^Passed J line 17. 



CHAPTER 46 



Legislative 
Records of the 
Council, 
xxvii., 357. 
Mass. 
Archives, 
Ixxx., 655. 

Mass. 
Archives, 
Ixxx., 6.')5. 
House Jour- 
nal, pp.33, 3"J. 



RESOLVE ALLOWING £6 TO DAV" RANSFORD. 

A Petition of David Ransford of Uxbridge setting forth. That 
above 56 years ago he served as a Grenadier and was at the taking 
of Port Royal, where he suffered many and great hardships. That 
some time after a Proclamation was issued allowing each Soldier in 
that expedition 500 Acres of Land ; but that the Petitioner living 
in Connecticut never obtained said Laud And praying relief. 

[Read and] 

Resolvd that there be allowd & paid out of the Province Treasury 
the Sum of Six pounds to the Petitioner in full Consideration of the 
Services mentioud in his petition. \^Passed June 17. 



CHAPTER 47. 

RESOLVE CONFIRMING THE VOTES OF PROPRIETORS MEETING OF 

PEARSONTOWN. 



Legislative 
Records of the 
Council, 
xxvii., 357. 

House Jour- 
nal, pp. 55, 58. 



. A Petition of Enoch Freeman and Stephen Longfellow a Com- 
mittee of the Proprietors of Pearsontown Setting forth That Ben- 
jamin Titcomb of Falmouth was chosen Clerk of the Propriety 19"" 
March 1765 and thro' inadvertency did not take the Clerks Oath 



[LsT Sess.] Piiovinc'k Laws (^Resolves, etc.). — 1708. 355 

till 11*^'' August 1707 during which time sundry meetings were held 
and matters transacted which were by him recorded, and which they 
doubt not was done faithfully. And praying in order to prevent any 
disadvantage from such neglect aforesaid, the said Records may be 
established upon the Clerks making Oath thereto. 

[Read and] 

Resolved That the prayer thereof be granted, and that the said 
Clerk be allowed to make Oath before a Justice of the peace at the 
next Proprietors meeting of Pearsontown that the Votes by him 
entered in said Book of Records are faithfully and truly made : and 
thereupon the said Votes shall be held as firm, valid and effectual 
to all intents and purposes as if the said Clerk had been Sworn 
before his entry thereof. \^Passed June 17. 



CHAPTER 48. 

RESOLVE IMPOWERING SARAH FULLER, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Fuller of Dedham Admin^ of the Estate of Rf^'^lf^'^^.u 
Benj* Fuller late of Dedham deceased Intestate Setting forth That council, 

the said deceaseds Personal Estate being found insufficient to pay ^''^^"•' '^^^' 

his just debts, she obtained leave of the Superior Court to sell part ^aTm/is^os 
of his Real Estate to the amount of Thirty pounds; since which it Province' 
appears that the debts amount really to Forty five pounds. That chap^io."' ' 
relying on said Order of Court she sold ten and three quarters Acres 
and 24 Rods of Lands which could not be divided; the amount of 
which sale was £52.6.4. And praying that the said Sale may be con- 
firmed and she may be impowered to give a good and sufficient deed 
of the Land aforesaid. 

[Read and] 

Resolved That the prayer of this Petition be granted ; and that the 
Sale of the Land therein mentioned be, and hereby is confirmed and 
the Petitioner impowered in her said capacity to make and execute 
a good and sufficient deed or deeds in law to the purchaser or pur- 
chasers of the said Lands first giving caution to the Judge of Pro- 
bate for the Coiinty of Suffolk that the proceeds of said Sale (over 
and above what shall be necessary to pay the just debts due from 
said Estate as mentioned in s'' Petition and the further charges of 
the Sale) be immediately put to interest, that it may be applied 
for the benefit of the Heirs when they shall come of age. [Passed 
June 18. 



CHAPTER 49. 

RESOLVE ALLOWING £10 TO HENRY YOUNG BROWN. 

Resolved That the Sum of Ten pounds be allowed and paid out Legislative 
of the Province Treasury to Henry Young Brown to enable him to coumlf, ^* ^""^ 
defend himself against the Action brought against him by the Pro- xxvii., 360. 
prietors of the Town of Conway in the Province of New Hampshire h**.^^^ -^^H:. 
for the recovery of Lands granted by this Province to the said Henry ; &&. ' Mite, ' ' 
he the said Henry to be accountable to this Court for the same Money. ^" ^*^' ^^^^' ^^" 
[Passed June 20. 



356 



Province Laws {Resolves, etc.). — 1768. [Chaps. 50, 51.] 



CHAPTER 50. 

RESOLVE CONFIRMING AN EQUIVALENT TOWNSHIP TO JA^ WARREN, 
ESQ8, AND OTHERS. 

Re<ford8of the Resolved That the within Plan of a Township of the contents of 
Council, seven miles square granted to James Warren Esq'' and Others Agents 

^t^HL^ — : for the Proprietors of a Township called Sylvester Canada formerly 

Maps ana granted to Cap' Joseph Sylvester and Company; which Township 



Plans, Mis., 

j'Vrm'i ^""e^® ^y tli6 l^-te running the Line between this Province and the Prov- 

64. Ante, 

p. 129, chap. 34. 



ince of New Hampshire fell within the bounds of the Government 
of New Hampshire, to them and their legal Representatives and 
Assigns, and by them laid out on the West side of Androscoggin 
River, bounded as follows viz' begining at a place in Androscoggin 
River called crooked Repels six Miles (as the River runs) above 
Androscoggin great Falls, which is the Easterly corner of Bakers 
Town so called, from thence running North 60 degrees West in 
the Northeasterly Line of said Bakers Town five Miles and a half 
to the Northerly corner thereof: then running North 26 degrees 
east by Province Land ten Miles and 180 Rods to a Stake with 
Stones about it, then running by Province Land South 60 degrees 
East three Miles and 250 Rods to a heap of Stones by said River, 
thence running Southerly by said River to the bounds first men- 
tioned, be accepted and hereby is confirmed to the said Petitioner 
and tlie legal Representatives of the said Joseph Sylvester and Com- 
pany their Heirs and Assigns forever, they complying with the fol- 
lowing conditions viz' the Grantees within six years settle thirty 
Families in said Town, build a House fit for public Worship and 
settle a learned Protestant Minister, and lay out one sixty fourth 
part of said Town for the use of the first settled Minister &, one 
sixty fourth part for the Ministry and one sixty fourth part for a 
Grammar School in said Town and one sixty fourth part for the 
use of Harvard College in Cambridge. Provided the same doth not 
exceed the quantity of seven Miles square (exclusive of three thou- 
sand and two hundred Acres allowance for Ponds therein contained) 
nor interfere with any former Grant. 

Consented to by the Governor upon Condition that there shall be 
eighty one Families according to the engagement herewith written. 

The Engagement is as follows — 

I do in behalf of the Proprietors of this Township engage that 
there shall be eighty one settlers, being the proportion of Settlers 
agreable to the size of this Township. 

Signed James AVarren. 
{^Passed June 20. 



CHAPTER 51. 



ORDER DIRECTING SAMUEL GERRISH, AND OTHERS, TO PRESENT A 
NEW PLAN OF THE LAND GRANTED THEM. 



Legislative Whereas it appears that there is a mistake in the Plan of a Grant 

Council, of a Township to Samuel Gefrish Esq' and Others called Bakers- 

xxvn.. 361. town, which Plan has been confirmed by this Court. 



[IsT Sess.] Province Laws (Resolves^ etc.). — 17(58. 357 



OrderedlLh'dt the Petitioners for said Grant exhibit to this Court """seJour- 
a new Phin of said Grant tliat the said mistake may be rectiiied. Ante,\KW, 
[Passed June 21. ?s'M;/ra, ciiap. 

60. 



CHAPTEK 52. 

RESOLVE IMPOWERING DAN'- WEBSTER, ADM", TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Daniel Webster of Sheffield Admin'' of the Estate Legislative 
of William Eoberts late of Egremont dec<» Setting forth That the L^Zclr* "''' 
deceaseds Estate is insolvent. And praying that he may be author- x.wii., 365. 
ized & impowered to make sale of the Real Estate of the said de- House Jour-_ 
ceased toward the payment of his debts. province'"'''"' 

[Pead and] chT%"'' ^^^' 

Resolved That the prayer of this Petition be so far granted that 
the Petitioner be and hereby is impowered in his said capacity to 
make Sale of all the Real Estate of the said deceased, saving to the 
late Widow of said dec*^ her Right of Dower, and to make and exe- 
cute in law a good deed or deeds to the purchaser or purchasers, he 
observing the Rules given in Law to Exec''* & Admin" for the Sale 
of Real Estates and giving caution to the Judge of Probate for the 
County of Berkshire that the proceeds of said Sale may be applied 
to the purposes as mentioned in this Petition. [Passed June 21. 



CHAPTEK 53. 

RESOLVE IMPOWERING RALPH EARL AND MARTHA WARD, EXECUTORS, 
WITH HEZEKIAH WARD TO SELL REAL ESTATE. 

A Petition of Ralph Earl, and Hezekiah Ward and Martha his Legislative 
Wife as the said Ralph & Martha are Exec" of the last Will and ^^^°^*|f, °* "'" 
Testament of David Earl late of Liecester in the County of Worces- -xxvii., see. 
ter deceased setting forth That the Testator by his last Will im- House Jour- 
powered his Executors to sell the whole of his Real Estate if necessary, "e! 67.^^'prov- 
but did not impower them to execute deeds of conveyance: and as it i^ce Laws, ii., 
is necessary to sell of the Real Estate to the amount of £135 to pay 
debts and Legacies, Praying that they may be impowered to make 
sale of so much of said Real Estate as will be sufficient for that pur- 
pose, and to execute deeds of the same accordingly. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
Petitioners be and hereby are impowered to sell so much of the Real 
Estate of the deceased where it can be best spared as shall amount 
to the Sum of One hundred and thirty five ' pounds, and to make 
and execute a good deed or deeds of the same in Law to the pur- 
chaser or purchasers, observing the rules given in Law to Exec" 
and Admin" in the Sale of Real Estate and giving caution to the 
Judge of Probate for the County of Worcester that the proceeds of 
said Sale may be applied to the purposes withinmentioned. [Passed 
JiLtie 21. 

' The House Journal, p. 66, reads, £130. 



358 



Province Laws {Resolves, etc.). — 176.S. [Chaps. 54, 55.] 



CHAPTER 54. 



RESOLVE IMPOWERING THE JUSTICES OF THE INFERIOR COURT FOR 
ESSEX TO RECEIVE AWARD OF REFEREES. 



Legislative 
Records of the 
Council, 
xxvii., 368. 

Legislative 
Records of the 
Council, 
xxvii., 226. 
House Jour- 
nal, p. 71. 



A Petition of Eichard Kimball and Thomas Poor of Andover Set- 
ting forth That they brought an Action against Joshua Follansbe of 
Salisbury to the Inferior Court held at Newburyport in 1764 at which 
time the said Parties entered into a Rule of Court whereby they 
referred the said Action and all demands to the determination of 
three Gentlemen, who, after a fair hearing returned their Award 
into Court in Sep' 1T65 which was by the Court recommitted to 
them who again heard the Parties, and as the Petitioners are in- 
formed drew uj) and signed their Award, but before the same was 
delivered into Court the said Joshua died. And praying that the 
Court from which the Rule issued may be impowered to receive the 
said Award, the death of the said Joshua notwithstanding. 

[Read and] 

Resolved That the prayer of the Petition be granted : and that the 
Justices of the Inferior Court of Common pleas next to be holden 
at Salem within and for the County of Essex be and hereby are im- 
powered to receive and accept the Award of the Referrees mentioned 
in said Petition; which Award when accepted by said Court shall be 
binding on all Parties concerned to all intents and purposes what- 
soever, and said Court is alike impowered to issue Process against 
the Administrator of the said Joshua Follansbe for the recovery of 
the debt & Costs in the same manner as if Process had originally 
issued against him in his said capacity. \_Passed June 22. 



CHAPTER 55. 



Legislative 
Records of the 
Council, 
xxvii., 371. 

House Jour- 
nal, pp. 3-1, 72. 
Province 
Laws, ii., 151, 
chap. 10. 



RESOLVE IMPOWERING JESSE LUCE, ADM», TO SELL REAL ESTATE. 

A Petition of Jesse Luce of Tisbury in Dukes County Admin'' 
of the Estate of his Father Roland Luce late of said Tisbury de- 
ceased Setting forth That the dec**' debts amount to £44.13.10 
more than his Personal Estate. And Praying that he may be im- 
powered to make sale of so much of the deceased's Real Estate as 
to enable him to discharge the said debts and the Charge of Admin- 
istration. 

[Read and] 

Resolved That the prayer of this Petition be granted, and that the 
petitioner be and hereby is impowered in his said capacity to make 
sale of so much of the Real Estate of the within named Roland de- 
ceased as shall be sufficient for the purposes within mentioned, and 
to make a good deed or deeds for the conveying the same, he observ- 
ing the Rules of the Law relating to the Sale of Real Estate by Ex- 
ecutors and Admin" and giving caution to the Judge of Probate for 
the County of Dukes County, that the money arising by said Sale 
be applied for the purposes aforesaid. \^Passed June 23. 



[1st Skss.] Province Laws {Resolves, etc.). — 17()8. 359 



CHAPTER 5Q>. 

RESOLVE IMPOW^RING W" FALLASS AND DORCAS HARRIS, ADM««, TO 
SELL REAL ESTATE. 

A Petition of William Fullass of Boston and of Dorcas Harris LcRiBiativc 
Admin"''' of the Estate of Samuel Karris late of said Boston deceased K«<"or.i8of the 

o • p 1 ml 1 -11 in • T 1 Council, 

Intestate betting forth iiiat the said deceaseds Estate is Insol- xxvii.,8f;9. 
vent. And inasmuch as the Superior Court will not sit in the County Mass. 
of Suffolk until August Praying that this Court would impower them ^ir'jn.^ill;. 
to make Sale of the deceaseds Real Estate consisting of a House House Jour-^ 
and Land on Port Hill, the produce thereof to be applied towards to! ' Province' 
payment of the dec"^ debts. chaTi!'io:'^^^' 

Whereas it appears that the prayer of this Petition is reasonable 
and that the granting thereof may be of great advantage to the 
Creditors and all others concerned in the within-mentioned Estate. 
Therefore 

Resolved That the prayer of this Petition be granted, and that the 
Petitioners be and hereby are impowered in their said Capacity to 
make sale of all the Real Estate of the said deceased, observing the 
rules and directions given in Law to Exec" and Admin" respecting 
the sale of Real Estates, and to make and execute a good and legal 
deed or deeds to the purchaser or purchasers; they first giving cau- 
tion to the Judge of Probate for the County of Suffolk that the 
proceeds of said Sale shall be applied to the purposes herein men- 
tioned. \^Passed June 24.^ 



CHAPTER 57. 

ORDER ALLOWING £33 TO REV ELI FORBES. 

A Petition of Eli Forbes of Brookfield Clerk Praying for pay- Legislative 
ment of the Sum stipulated by the Court 13'^ June last for board- counc'if ^'^ ''^^ 
ing, Cloathing and instructing of three Indian Children from the xxvu., 371. 
15^'^ January last to the XT"^ Instant making 22 Weeks at 10/ Archives, 

Read and xxxiii., 484. 

Ordered that the Petitioner be paid out of S'' Peter Warren's Dona- Mass. 
tion the Sum of thirty three pounds in full of His ace" to the 17*^ xxxiiiTflss. 
Day of June Instant for his hording, Cloathing, and Instructing ^aX^pp]^""'"' 
the three Indian Children mentioned in his Petition. \ Passed ''*■ ' ^"'«' ' 
June 24. p. 273, chap. 95. 



CHAPTER 58. 

ORDER ACCEPTING REPORT OF COMMITTEE ON GENERAL ACCOUNT OF 
THE PROVINCE TREASURER FROM MAY 27, 1767, TO MAY 25, 1768, AND 
DISCHARGING HIM OF £228,984. 4. 6. 

The Committee to whom was referred the Examination of the Legislative 
Accounts of Harrison Gray Esq'' Treasurer and Receiver General of Records of the 
his Majesty's Revenue within the Province of the Massachusetts xxvii?!373. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 22. 



360 



Province Laws {Resolves, etc.). — 17G8. [Chap. o>^.] 



Legislative 
Records of the 
Council, 
xxvii., 324. 
House Jour- 
nal, pp. 30, 73. 



Bay in New England begining tlie 27'^ May 1TG7 ending 25 May 
17(J8 having attended that Service, upon examining the same find 
them right cast and well vouched, by which it appears that tlie s** 
Accomptant charges himself with the Sum of Eighty two thousand 
five hundred and forty two pounds, eleven shillings and nine pence 
being so much due for Taxes as represented by his last Accompts'. 
Also with the Sum of Seventy seven thousand, one hundred and 
ninety six pounds, fourteen shillings & one penny being the balance 
due by his last Accompts. Also with the Sum of Forty tliree thou- 
sand, five hundred & eighty five pounds and four pence a Tax laid 
on Polls and Estates by virtue of an Act of the General Court passed 
in May 17G7. Also with the Sum of One hundred & fifty seven thou- 
sand pounds borrowed of sundry persons by virtue of an Act passed 
in May last. Also with the Sum of Five thousand six hundred & fifty 
pounds one shilling and eleven pence received of the Collectors of 
Excise on Spirituous Liquors. Also with the Sum of Seven hundred 
and seventy two pounds fourteen shillings received for Excise on 
Tea Coffee &c also with the Sum of Nine hundred fifty seven pounds 
sixteen shillings and eight pence Monies received for Lands sold, 
also witli the Sum of five hundred & ten pounds, nineteen shillings 
and six pence received of Andrew Hall being the balance due from 
him for the Province Ship. Also with the Sum of One pound eleven 
shillings received of Justice Eand for Fines. Also with the Sum of 
Twenty four pounds received of Josiah Dwiglit Esq' being the prod- 
uce of some Stores belonging to the Province left in his hands. Also 
with the Sum of Six pounds four shillings k four pence received 
of Roland Cotton Esq"" for monies he received out of the Treasury 
for Deborah Bristow which he did not pay to her. Also with the 
Sum of Two hundred forty pounds received of the hon**'® Thomas 
Hubbard Esq"" being the Profits arising by the Indian Trade. Also 
with the Sum of Ten hundred seventy one pounds, sixteen shillings 
and seven pence received of the lion**'® James Russell Esq'' Commis- 
sioner of Impost Duties. All which Sums amount to Three hundred, 
sixty nine thousand, five hundred fifty nine pounds, ten shillings 
and two pence. 

The Committee further find that the said Accomptant discharges 
himself by sundry payments and disbursements by order of the Gov- 
ernor and Council amounting to Fifteen thousand. One hundred 
forty three pounds, seventeen shillings and eight pence. Also by 
Government Securities burnt by a Committee of both Houses amount- 
ing to two hundred, thirteen thousand and fifty five pounds, eigh- 
teen shillings and five pence. Also by Arrearages due from Moses 
Smith a defective Constable of Newbury for 17G1, One hundred 
thirty two pounds six shillings and eight pence, which Sum is added 
to Newbury & Newbury Port Tax last year. Also by Arrearages due 
from a defective Constable of Chelsea for the year 1749 Seventy one 
pounds nineteen shillings and one penny which is added to Chelsea 
Tax last year. Also by remittance of Taxes due from the Town of 
AVinchendon by order of the General Court One hundred and Sixty 
seven pounds, three shillings & four pence. Also by remittance of 
old Arrearages due from the Town of Palmer by order of the Gen- 
eral Court One hundred seventy four pounds, sixteen shillings. Also 
by a remittance of the Tax laid upon Dorchester Canada Two hun- 
dred twenty four pounds, sixteen shillings & eight pence, which Sum 
is to be laid on several Towns in the County of Worcester. Also by 
a remittance of a Tax due from Concord by order of Court Thirteen 



[1st Sess.] Province Laws {Resolves, etc.). — 1768. 361 

pounds, six shillings and eight pence. Also by Taxes still outstand- 
ing amounting to Eighty seven thousand three hundred and four 
pounds, seven shillings and six pence. And by balance in hand 
further to account for Fifty three thousand two hundred and sev- 
enty pounds, eighteen shillings and two pence. All which Sums 
amount to Three hundred sixty nine thousand five hundred fifty 
nine pounds, ten shillings & two pence. 

[Read aiul] 

Ordered That the Treasurer and Receiver General be and hereby 
is discharged of the several Sums mentioned in his Account amount- 
ing to two hundred twenty eight thousand nine hundred and eighty 
four pounds, four shillings and six pence. And that he be further 
accountable for the Sum of Eighty seven thousand three hundred 
& four pounds, seven shillings and six pence represented as out- 
standing Taxes, when received into the Treasury: And the Sum of 
Fifty three thousand two hundred & seventy pounds eighteen shil- 
lings and two pence being the balance of account remaining in his 
hands. \^Passed June 24. 



CHAPTEE 59. 

ORDER DIRECTING THE TRUSTEES TO PAY £15 TO SAM^ OMPANY AND 

WIFE, INDIANS. 

A Petition of Samuel Ompany and Zerviah his Wife both of Tis- Legislative 
bury in Dukes County Setting forth That some time since this councif/*"^^ 
Court impowered them to make sale of sundry Tracts of Land in xxvii.,376. 
Natick and to employ ten pounds part of the money it should pro- Archives, 
duce in building them a House; the remainder to be put out to xxxm., 473. — 
interest for their benefit. That they have employed the Ten pounds Archives, 
beforementioned in manner as afores*^ but that it is very insutficient xxxiii.,472. 
for the purpose. And praying that they may be impowered to draw nai^plsr."^ 
out a further Sum to enable them to finish and compleat the said f^l^^'X^^^' 
House. 

[Read and] 

Ordered that the Trustees mentiond in this Petition be & hereby 
are directed to pay to the Petitioners the Sum of fifteen pounds for 
the purpose mentiond & to take Care that it be applyd for that 
Use & no other.' [Passed June 25. 



CHAPTER 60. 

RESOLVE CONFIRMING ALL MEETINGS OF THE INHABITANTS OF ANY 
TOWN, DISTRICT, OR PRECINCT IN THIS PROVINCE. 

Whereas the Selectmen, Committees and other officers in divers Legislative 
Towns, Districts and Precincts within this Province heretofore ap- counctf °* '^'^^ 
pointed to manage the prudential afEairs and to call their Meetings xxvij., 376. 
have acted in their respective ojfices for those purposes, not having House Jour, 
previously taken the Oath relative to the Bills of Credit on the °^'' ^" '"* 
neighbouring Governments, whereby doubts may possibly arise touch- 
ing the legality of the proceedings had in consequence of such their 

* Final action not found in the House Journal. 



362 



Province Laws (^Resolves, etc.). — 1768. [Chaps. IJl , G2.] 



acts, and the legality of the Town, District & Precinct Meetings by 
them called. Therefore to the end that all such doubts may be removed. 
Resolved That all Meetings of the Inhabitants of any Town, Dis- 
trict and Precinct within this Province heretofore called and held 
by any such Selectmen or Committees, and all matters transacted 
in any such Meetings shall, if otherwise legal, be and hereby are 
ratijfied and confirmed, any omission of taking the Oath aforesaid 
notwithstanding. \^Fassed June 25. 



CHAPTER 61. 



RESOLVE GRANTING FURTHER TIME FOR CONFIRMATION OF A GRANT 

BY HIS MAJESTY. 



T^eglslative 
Records of the 
Oouucil, 
xxvii., 378. 

House Jour- 
nal, pp. 74,77. 
Province 
Laws, xvii., 
171, chap. 401. 
Ante, p. 199, 
chap. 185. 



A Petition of Enoch Bartlet and Samuel Downe Agents for six 
Townships in the Territory of Sagadehoc lately granted by the Gen- 
eral Court to James Duncan Praying that they may be indulged with 
a further time for obtaining his Majesty's allowance of said Grant, 
which their Agent in England hath not yet been able to procure. 

[Read and] 

Resolved That the prayer of this Petition be granted ; and that the 
Grantees of the six Townships East of Penobscot River granted by 
the General Court in March 1702 to David Marsh and Others be 
allowed the further time of eighteen Months from August next to 
obtain his Majesty's approbation. \^Passed June 27. 



CHAPTEE 62. 



ORDER AXLOWING £8. 18 TO SELAH WRIGHT. 



Legislative 
Records of the 
Council, 
xxvii., 379. 

House Jour- 
nal, pp. 45, 49, 
79, 80. 



A Petition of Selah Wright a Deputy Sheriff for the County of 
Hampshire Setting forth That he was at great pains and expence 
in Searching after & apprehending one Nathan Bigelow charged 
with uttering counterfeit Money, and that having apprehended the 
said Nathan, he committed him to his Majesty's Goal in Springfield, 
but before the sitting of the Superior Court he made his escape, and 
thereupon the Court of Sessions apprehend they are not by Law im- 
powered to order payment of the charge he has been at on this occa- 
sion. And Praying Relief. 

Read and 

Ordered That the Sum of Eight pounds, eighteen shillings be 
allowed and paid out of the Province Treasury to the Petitioner in 
full discharge of his Account of time and expence for himself and 
assistance in apprehending and committing the said Nathan Bige- 
low. [^Passed June 27. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 



:}63 



CHAPTEK 6:3 



RESOLVE ALLOWING DAV" BEAN AND OTHERS FURTHER TIME FOR 
CONFIRMATION OF A GRANT OF LAND BY HIS MAJESTY. 



A Petition of David Bean and Others Grantees of a certain 
Township lying in the Territory of Sagadahoc granted by the (Gen- 
eral Court in the year 17G2. Praying that they may be indulged with 
a further time for obtaining his Majesty's Allowance of said Grant, 
without which they are in danger of losing the benefit of the same. 

[Read and] 

Resolved, That the Prayer of this Petition be granted and that 
the Grantees of the Township lying in the Territory of Sagadahock 
granted by the general Court in March 1762 to David Bean & others 
be allowed the further Time of Eighteen months from this Day to 
obtain his Majesties Approbation. [Passed June 28. 



Legislative 
l{c(H)nl8 of the 
Council, 
xxvii., ;i«0. 
Mass. 
Archives, 
cxviii., ;i4'2. 

Mass. 
Archives, 
cxviii., 34L 
Legislative 
Records of the 
Council, xxvi., 
240. House 
Journal, p. 61 
(June, 1766); 
p. 82. Prov- 
ince Laws, 
xvii., 169, chap. 
399. 



CHAPTEK 64. 



RESOLVES ESTABLISHING THE GARRISONS AT CASTLE WILL^' & FORT 

POWNALL. 



Resolved, That there be an Establishment for fifty Men Officers Legislative 
included, for the Defence of Castle William, and that their Wages, counctf, °^ **"" 
be fixed at the following Rates to continue for one Year from the xxvii., ssi. 
twentieth Day of June current. Viz' Archives, 

ixxx., 660. 



For one Captain, 
One Lieutenant 
One Chaplain 
One Gunner 
One second Gunner 
One Armourer 
Two Serjeants 
Six Quarter Gunners, 
Four Corporals 
One Drummer 
Thirty one Privates 



per Annum . 
per Ditto . 
per Do 
per Ditto . 
per Ditto . 
per Month . 
per Ditto, each 
per Ditto, each 
per Ditto, each 
per Ditto 
per Ditto, each 



£56. 


3. 


10 


House Jour- 


28. 


11. 


5 


nal, pp. 77, 80, 


33. 


6. 


8 


81, 82. 


45. 


6. 


8 




33. 


6. 


8 




2. 


4. 


6 






12. 









12. 









9. 


4 






9. 


4 






4. 








Also, Resolved, That the Establishment for Fort Pownall at Penob- 
scot for one year from the twentieth of June Current, be as follows, 
Viz' 



or one Lieutenant per Month . 












£3. 0. 





One Interpreter per Ditto 












3. 0. 





One Gunner per Ditto . 












2. 5. 





An Armourer per Ditto 












1. 10. 





One Serjeant per Ditto . 












1. 10. 





Twenty Privates, per Ditto, each 












1. 4. 





One Chaplain per Ditto . 












4. 





l^Passed June 28. 



364 



Province IjAws {Resolves, etc.). — 1768. [Chaps. 65-67.] 



CHAPTER 65. 



Legislative 
Records of the 
Council, 
xxvii., 383. 
Mass. 

Archives, civ., 
551. 

House Jour- 
nal, p. 87. 
Province 
Laws, iv., S80, 
chap. 3. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO NOTIFY POS- 
SESSORS OF GOVERNMENT SECURITIES OF THEIR REDEMPTION. 

Resolv\l that the Treasurer give Notice to the possessors of the 
Governm' Securities payable the 20*^ of this Month, that they bring 
them in to be redeem'd on or before the 20"" Day of July next, as 
no Interest will be allow'd on them afterwards. And that the Treas- 
urer be Directed to pay no Interest on any such Notes beyond that 
Day, Money being now Ready in the Treasury to Discharge the 
Notes that have become due. \^Passed June 20. 



CHAPTER 66. 



RESOLVE DEDUCTING £12. 13. 5i FROM THE PROVINCE TAX OF DEER- 
FIELD AND ADDING SAME TO DISTRICT OF CONWAY. 



Legislative 
Records of the 
Council, 
xxvii., 384. 

House Jour- 
nal, pp. .t4, 58, 
81,84. Prov- 
ince Laws, iv., 
955, chap. 4; 
v., 5, chaj). 1. 
Ante, p. 350, 
chap. 38. 



Whereas the District of Conway in the County of Hampshire 
was incorporated after the Province Tax for the last year was 
granted, in which incorporating Act, it was enacted That the said 
District of Conway should pay their proportion of all Town, County 
and Province Taxes already set on or granted to be raised, as if that 
Act had not been made, and in all future Taxes should pay alike 
proportion as they paid in the Province and County Taxes on the 
Town of Deerfield in the year 17(J7 and that it should be deducted 
from Deerfield Tax. And whereas a doubt arose about tlie assessing 
the said Conways proportion, it was by the Assessors of Deerfield 
and the Assessors of Conway for the said year 1707 agreed that the 
said Conways proportion of the Province Tax for the said year 1767 
was twelve pounds 13/5"^/^, and that it was by the said Assessors 
agreed to Petition the General Court at their last Session that the 
said Sum might be deducted from Deerfield Tax & laid on the said 
Conway, but by reason of the Nonattendance of the Representative 
of the Town of Deerfield the same Petition was not preferred. And 
whereas the said Sum is not assessed and cannot now be assessed 
either on the Inhabitants of Deerfield or Conway. 

Resolved That the Sum of Twelve pounds, thirteen shillings and 
five pence two farthings be taken from the Province Tax laid on 
the Town of Deerfield for the year 1767 and that the s"^ Sum be 
added to the next Province Tax which may or shall be laid on the 
said Conway. [Passed June 29. 



CHAPTER 67. 

RESOLVE ALLOWING ACCOUNT OF THE COMMISSARY GENERAL OF THE 

INDIAN TRADE. 



Legislative 
Records of the 
Council, 
xxvii., 385. 
Mass. 

Archives, cxx., 
646. 



The Commissary General having presented his Accounts rela- 
tive to the Indian Trade, and the same having been previously 
examined by the Committees of the two Houses respectively, the 
following Order passed thereon viz* 



[1st Sess.] Province Laws {Resolves, etc.). — 1768. 1365 

Resolved that the foregoing Account be allowed, and that the LoKiBiative 
Hon"'*^ Thomas Hubbard Esq' Commissary General be, and hereby {^^unclf,"^''''^ 
is further accountable to this Province for the balance being Two fj^yg^'j^-^ 
Thousand four hundred & Eighty nine Pounds, fourteen shillings, nai, p. 82. 
& eight pence. \^Passed June 29. 



CHAPTER 68. 

RESOLVE ALLOWING ACCOUNT OF THE COMMISSARY GENERAL OF 

PROVISIONS. 

The Commissary General having laid before the Court his Legislative 
Account of Provisions paid for, and of Provisions delivered, and councif,*'*''^^ 
the same having been previously examined by Committee's of the xxvii., 385. 
two Houses respectively, the following Order passed thereon viz*' House Jour- 

Resolved that the foregoing Account be allowed ; and that the SMpra.'ch'ap.' 
Commissary General be & hereby is further accountable to the ''"• 
Province for thirteen barrels Pork and seven & half barrels Peas. 
\^Passed June 29. 



CHAPTER 69. 

RESOLVE ALLOWING ACCOUNT CURRENT OF THE COMMISSARY GEN- 
ERAL. 

The Commissary General having laid before the Court his Legislative 
Account current with the Province, and the same having been councif ''^ ^^'^ 
previously examined by Committee's of the two Houses respec- xxvii., 386. 
tively, the following Order passed thereon. House Jour. 

Resolved That tlie foregoing Account be allowed; the balance stpra.^ctiap. 
thereof being Fifteen pounds, eleven shillings and one penny due *'*• 
to the Accomptant from the Province be allowed him. {^Passed 
June 29. 



CHAPTER 70. 

RESOLVE IMPOWERING PETER GLOVER, ADM», TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Peter Glover Admin'' of the Estate of Benjamin Legislative 
Glover late of Salem deceased Setting forth That the said deceaseds councif ^^^^^ 
debts amount to £29.17.2 more than the Personal Estate. That the xxvii., 386. 
deceaseds Eeal Estate consisting of one half of an House is of the House Jour 
value of One hundred pounds. And as the said Estate will not ad- provm'c^*'^^' 
mit of a Division; Praying that he may be impowered to sell the ^ifj^^jj'* ^^^' 
same; he to be accountable. 

[Read and] 

Resolved That the prayer of the within named Petitioner be granted, 
and that the Petitioner in his said capacity be and hereby is author- 
ized and impowered to make sale of the one half the House men- 
tioned in this Petition for the most the same will fetch, and to 
execute a good deed in the Law to the purchaser or purchasers for 
the same, he observing the directions of the Law relating to the 



366 



•Province Laws {Resolves, etc.). — 1768. [Chaps. 71-73.] 



Sale of Real Estate by Executors and Admin" and giving sufficient 
caution to the Judge of Probate for the County of Essex that the 
proceeds arising by said Sale be applied to the payment of the debt 
due from the Estate of the said deceased agreable to the prayer of 
the Petitioner and the overplus, if any there shall be, to be paid 
to the Heirs or their legal Representatives according to their sev- 
eral proportions in the Estate aforesaid. [^Passed June 29. 



CHAPTER 71. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE- 
SEX COUNTY. 



Legislative 
Records of the 
Council, 
xxvil., 387. 

House Jour- 
nal, pp. 10, 79, 

84, 85. 



The following Order passed on the Account of James Russell 
Esq"" Treasurer of the County of Middlesex, which was laid before 
the Court for allowance viz' 

Resolved That the within Account, being right cast and well 
vouched, bo allowed, and that the Treasurer be discharged of the 
Sum of Three hundred and thirteen pounds, sixteen shillings and 
six pence half penny which he has paid by order of the Court 
of Sessions, and that there is due from the said Treasurer to the 
County the Sum of Sixty seven pounds, five shillings and ten pence 
three farthings for which the said Treasurer is further accountable. 
\^Passed June 29. 



CHAPTER 72 



Legislative 
Records of the 
Council, 
xxvii., 387. 

House Jour- 
nal, p. 86. 



VOTE APPOINTING A COMMITTEE TO BURN GOVERNMENT SECURITIES. 

In the House of Representatives. 

Voted That M' Speaker, Cap' Sheaife and M' Hall be a Committee 
with such as the hon"'*' Board shall join to repair to the Province 
Treasury in the recess of the Court and take an Account of the 
Government Securities that are or may be redeemed, and to see 
that they are all consumed to Ashes. 

In Council, Read & Concurred, and Royall Tyler & James Pitts 
Esq" are joined. \^Passed June 29. 



CHAPTER 73. 



RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 



Legislative 
Records of the 
Council, 
xxvii., 388. 

House Jour- 
nal, pp. 10,79, 

87. 



The FOLLOWING Order passed on the Account of Joshua Hen- 
shaw Esq' Treasurer of the County of Suffolk, which was laid before 
the Court for allowance viz' 

Resolved That the within Account, being right cast and well 
vouched be allowed, and that the Treasurer be discharged of the 
Sum of Fourteen hundred and thirty three pounds & four pence 
three farthings which he has paid by order of the Court of Sessions, 
and there is due to the said Treasurer from the Countv the Sum 



[1st SevSS.] Province Lawh {Itenolves, etc.). — 176b. 367 

of Forty eight pounds, sixteen shillings and ten pence, and that 
there is outstanding in Taxes yet unpaid the Hum ot' Eighteen hun- 
dred and seventy six pounds, three shillings and 4''Vi for which the 
said Treasurer is further accountable when he shall receive the same. 
[Passed June SO. 



CHAPTER 74. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN- 
STABLE COUNTY. 

The following Order passed on the Account of Solomon Otis Legislative 
Treasurer of the County of Barnstable which was laid before the couucif," 
Court for allowance viz' ^-^^"•' ^^^- 

Resolved That the within Account being right cast and well ^a°i"p^;^io"79, 
vouched be accepted: and that the Treasurer be discharged of the 95.' 
Sum of One hundred and sixty four pounds twelve shillings and 
five pence half penny which he has paid by order of the Court of 
General Sessions, and that he be further accountable for a balance 
of One hundred and forty one pounds, ten shillings and nine pence 
half penny still remaining due to the County when he shall receive 
the same. [Passed June SO. 



CHAPTER 75. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF LINCOLN 

COUNTY, 

The Account of Samuel Denny Treasurer of the County of Lin- Legislative 
coin was laid before the Court for allowance whereupon the follow- council, 
ing Order passed the Court viz' xxvn., 389. 

Resolved That the within Account being right cast and well nall^pp.'^iol^TO, 
vouched be allowed, and that the Treasurer be discharged of the 85. ' 
Sum of Three hundred and six pounds, fourteen shillings and 
seven pence three farthings which he has paid by order of the 
Court of Sessions, and that there is due to said Treasurer the Sum 
of Fifty four pounds, thirteen shillings and eleven pence three far- ' 
things, and that there is outstanding in Taxes yet unpaid the Sum 
of Nineteen pounds, six shillings and two pence, for which the said 
Treasurer is further accountable, when he shall receive the same. 
[Passed June SO. 

Note. — The General Court for the political year 1768/69 held no further session, Gov- 
ernor Bernard by his Proclamation, dated July 1, 1768, having dissolved it. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1769-70. 



[369] 



LEGISLATIVE LIST' 

FOR 
1769-70. 



His Excellency FRANCIS BERNARD, 

Captain-Genekal and Governor-in-chiep, etc. 

The Honorable THOMAS HUTCHINSON, Esq., Lieutenant 

Governor, 

Captain-General and Governor-in-chief, etc. [from August 1, 1769]. 
THOMAS FLUCKER, Esq., 



SECRETAKY OF THE PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

- Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusetts Bay ; 

Samuel Danforth 



Isaac Royall 
John Erving 
William Brattle 
James Bowdoin' 
Thomas Hubbard 
Harrison Gray 
James Russell 
Royall Tyler 



James Pitts 
Samuel Dexter 
Benjamin Greenleaf 
Joseph Hawley 
• Esqrs Artemas Ward'' 

Thomas Sanders, Jr.," 
Joseph Gerrish " 
John Hancock' 
Joshua Henshaw" 



■ Esqrs. 



Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Colony of Neio Plimouth; 

Gamaliel Bradford |^ Jerathmeel Bowers' 

James Otis' 



Esqrs. 



Esqrs. 



William Sever 

Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Province of Maine ; 

John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs. 

Of the Inhabita7its of or Proprietors of Lands within the Territory lying 
hetioeen the River of Sagadahock £ Nova Scotia; 

Jeremiah Powell, Esq. 

1 See Legislative Records of the Council, xxviii., 1-8. 

^ Rejected by the Governor. See Legislative Records of the Council, xxviii., 8. 

[371] 



372 PkovixNCE IjAVf^ {Resolves, etc.). — 1769-70. [Representatives.] 

For the Province, at large : — 
Benjamin Lincoln & Walter Spooner,' Esqrs. 



REPRESENTATIVES OR DEPUTIES. 

May 31, 1769 to AjjrU 26, 1770. 

Mr. THOMAS GUSHING, Speaker.' 



County of Suffolk. 



County of Essex — Concluded. 



Boston, . . 



Roxbury, 

Dorchester, 

Milton, . 

Braintree, 

Weymouth, 

Ilingham, 

Dedham, 

Medjield, 

Wretitham, 

Brookline, 

Ncedham, 

Stottghton & 

Stoughton- 

ham, 

Medway, 

Walpole, 



James Otis, Esq., 

Thomas Gushing, Esq., 

Mr. Samuel Adams, 

John Hancock, Esq. 

Joseph Williams, Esq. 

Mr. Samuel Howe. 

Mr. Benjamin Wadsworth. 

Ebenezer Thayer, Jr., Esq. 

James Humphrey, Esq. 

Mr. Joshua Hersey. 

Mr. Nathaniel Sumner. 

Mr. Moses Bulling. 

Mr. Jabez Fisher. 
. Mr. Ebenezer Davis. 
. Gapt. Eleazer Kingsberry. 

Mr. Ilezekiah Gay. 

Gapt. Jonathan Adams. 
Gapt. Seth Kingsberry. 



County of Essex. 



Salem, 



Danvers, 
Ipswich, 
Newbury, . 
Newbury Port. 
Marblehead, 



Lynn, . 

Andover, 

Beverly, 

Rowley, . 

Salisbtiry, 

Haverhill, 



Gapt. Richard Derby, Jr. 
Mr. John Pickering. Jr. 
Dr. Samuel Holten. 
Gapt. Michael Farley. 
Joseph Gerrish, Esq. 
Mr. Jonathan Greenleaf. 
Joshua Orne, Esq., 
John Gallison, Esq. 
Mr. Ebenezer Burrill. 
Samuel Phillips, Esq. 
Gapt. Henry Herrick. 
Humphrey Hobson, Esq. 
Caleb Gushing Esq. 
Mr. Samuel Bachellor. 



Olocester, 

Topsfield, 

Boxfoi'd, 

Almsbury, 

Bradford, 



. Thomas Sanders, Jr. Esq. 

. Gapt. Samuel Smith. 

. Aaron Wood, Esq. 

. Mr. Isaac Merrill. 

. Benjamin Mulliken, Esq. 



County of Middlesex. 



Cambridge, 
Charlestow7i, 
Waterlow7i, 
Woburn, . 
Concord, . 
Newton, . 
Reading, . 
Marlborough, 
Billerica, 
Framingham. 

Lexington, 
Chelmsford, 
Sherburne, 
Sudbury, . 
Maiden, . 

Weston, 
Medford, . 
Littleton, . 
Eopkviton, 
Westford, . 
Waltham, . 
Stow, . 
Oroton, 
Shirley & 
Pepperrell, 
Toivnshend & 
Ashby, 
Holliston, . 



. Mr. Thomas Gardner. 

. Edward Sheaffe, Esq. 

. Mr. John Remington. 

. Mr. Oliver Richardson. 

. Gapt. .lames Barrett. 

. Gapt. Abraham Fuller. 

. Mr. Samuel Bancroft. 

. Mr. Samuel Witt. 

. William Sticknej-, Esq. 

. Joseph Buckminster, 
Esq. 

. William Reed, Esq. 

. Mr. Simeon Spaulding. 

. Mr. Jonathan Russell. 

. John Nojes, Esq. 

. Gapt. Ebenezer Ham- 
den. 

. Mr. Abraham Bigelow. 

. Stephen Hall, Esq. 

. Capt. Joseph Harwood. 

. Capt. Joseph Mellen. 

. Gapt. Jonas Prescott. 

. Gapt. Jonas Dix. 

. Henry Gardner, Esq. 






James Prescott, Esq. 

Mr. Amos Whitney. 
Mr. Joshua Hemenwav. 



• Rejected by the Governor. See Legislative Records of the Council, xxviii., 8. 

■•i April 18, 1770, James Warren, Esq., was elected Speaker pro tempore in the place of Thomas Gush- 
ing, Esq., who was sick. — House Journal, p. 167. 



[Representatives.] Province Laws (IlesolveSy etc.). — 17(59-70. 373 



County 
Sj)ri7igjield & 
Wilbrdhdm, 
Northaut'ptoii & 
Soiithaynpton, 
Hadley, 
South Hadley 
& Amherst,^ 
Hatfield, . 



OK llAMrSlIIKK. 

Mr. .Jonathan Hlis.s, 
Major Benjamin Day. 

Joseph Ilawley, Esq. 

Simeon Strong, Esq., 
Mr. Elisha Porter. 

Hon. Israel Williams, 

Esq. 
Capt. John Mosely. 



Westjield, . 

Deerjield, 

Greenfield, 

Hhelburne, 

Conway, 

Sunderland & 

Montague, 

Brimfield, n 

South Brimfield >Mr. Timothy Danielson. 

& Monson, ) 



Elijah Williams, Esq. 



Mr. William Billino:. 



County 

Plymouth, . 
Scituate, 
Duxborough,^ . 
Marshfield, 
Bridgwater, 
Middleborough, 
Rochester, . 
Plympton, . 
Kingston, . 
Abington, . 



OF Plymouth. 
James Warren, Esq. 
Mr. Gideon Vinal. 
Capt. John Wadsworth. 
Capt. Anthony Thomas. 
Capt. Edward Mitchell. 
Capt. Benjamin Wliite. 
Mr. Samuel Sprague. 
Capt. John Bradford. 
William Sever, Esq. 
Capt. Woodbridge 
Brown. 



County of Barnstable. 



Barnstable, 

Sandwich, . 
Yarmouth, . 
Eastham & 
Wellfteet, 
Harwich, . 

Falmouth, 
Chatham, 



. Hon. James Otis, Esq. 

. Mr. Stephen Nye. 

. David Thacher, Esq. 
Mr. Thomas Paine, 
Elisha Doane, Esq. 

. Chillingsworth Foster, 
Esq. 

. Capt. Joseph Robinson. 

. Mr. Joseph Doane. 



County' of Bristol. 
Taunton, . . ..James Williams, Esq., 

Daniel Leonard, Esq. 
Behoboth, . . . Cajit. James Clay. 

' The House Journal, 
^ The House Journal, 



County of 

Swanzey with 
Shawainet, 
Dartmouth, . 
Norton, 
Attleborough, 
Dighton, . 
Freetown, 
Raynham, 



Bristol — Concluded. 
^ Jerathmeel Bowers, Esq. 

. Mr. W^alter Spooner. 
. Dr. George Wheten. 
. Mr. John Daggett. 
. Col. Elnathan Walker. 
. Mr. Thomas Durfee. 
. Zephaniah Leonard, Esq. 



York, . 

Kittery, . 

Wells, . . 

Berwick, . 

Biddeford < 
Fepperrell- 
borongh, 



Chilmark, 



County of York. 
. . Thomas Bragdon, Esq. 
. James Go wen, Esq. 
. John Wheelwright, Esq. 
. . Benjamin Chadburne, 
Esq. 



5 



Jeremiah Hill, Esq. 



Dukes County. 

. Mr. Jonathan Allen. 



In the County of Nantucket. 
Sherburne, . . Mr. Stephen Hussey. 



County of Worcester. 
Worcester, . . Mr. Joshua Bigelow. 
. Capt. Asa Whitcomb. 
. Mr. Edward Rawson. 
. Jedediah Foster, Esq. 

? Edward Davis, Esq. 

. Capt. Heniy King. 

[ Mr. Thomas Denny. 



Lancaster, 
Mendon, 
Brookfield, 
Oxford & 
Charlton, 
Sutton, . . . 
Leicester & Spe?i- 
cer & Faxton, 
Rutland, Rut- 
land District, 
Oakham & 
Hubbardston, 
Southborough, 
Westborough tfc 
Northborough, 
Shreiosbury, . 
Lunenburgh & 
Fitchburgh, 
Uxbridge, . 
Harvard, . 



] 



John Murray, Esq. 

Timothy Brigham, Esq. 

Capt. Stephen Mayuard. 

Artemas Ward, Esq. 

Edward Hartwell, Esq. 

Capt. Ezekiel Wood. 
Israel Taylor, Esq. 



4, adds, " Granby." 
4, reads, " Duxbury.'' 



374 Province Laws {Besolves, etc.). — 1769-70. [Representatives.] 



County ok Worcester — Concluded. 
Bolton, .... John Whitcomb, Esq. 
Sturbridge. . . Moses Marcy, Esq. 
Hardwick, . . ■ Hon. Timothy Ruggles. 
Orafton, . . . Mr. Ei^hraim Sherman. 
Petersham, . . Mr. Theophilus Chand- 
ler. 

County of Cumberland. 

Falmouth and ^ t i t ■ t. i t t^ 

^,. , , > Jedediah Preble, Esq. 
Cape Ehzabeth, ) 



County of Cumberland — Concluded. 
Scarborough, . Mr. John Stewart. 



Oorham, 



. Solomon Lombard, Esq. 



County of Berkshire. 

Sheffield, Great n 

Barrington & > John Ashley, Esq. 

Egremont, ) 

Stockbridge, . . Timothy Woodbridge, 

Esq. 
Pittsfield, . . . Capt. Charles Goodrich. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirty-first Day of May, A.D. 1769. 



CHAPTER 1. 

RESOLVE ADJOURNING COURTS IN YORK COUNTY. 

Whereas a great number of Actions which were depending in Legislative 
the Superior Court of Judicature Court of Assize and General Goal councu "^''^^ 
delivery held at Falmouth in and for the County of Cumberland on xxviii.,22. 
the fourth Tuesday of June 1768 were continued to the Court to be Archives, 
lield at Falmouth in & for the said County on the fourth Tuesday ^"^•' ^"^ 
of June this present year And whereas it is improbable that the House .To_ur- 
time between the first day for holding the said Court in Falmouth 28 ws. 'prov- 
and the first day for holding the said Court at York in and for the sTsfchai^rTr'* 
County of York will be sufficient for the Trial of the said continued Y-*'' ^^^' 
Actions and also such new Actions as may be entred for Trial, It is ^ ''^'' 
therefore 

Resolved 

That the Superior Court of Judicature Court of Assize and gen- 
eral Goal delivery which ought, by Law, to be held at York for the 
County of York on the first Tuesday of July next be and it hereby 
is adjourned to the Third Tuesday of the same month of July then 
to be holden at York in and for the said County of York. And all 
Pleas Writs Actions Suits Plaints Precepts Recognizances and Proc- 
esses whatsoever and all Matters and Things returnable or having 
day in the said Court for the County of York shall stand abide and 
continue until the said Adjournment and be then proceeded on in 
like manner, and such proceedings shall be held deemed and ad- 
judged to be as good effectual & available to all intents and pur- 
poses whatsoever, as if the said Court for the County of York had 
been held & kept on the day by Law for holding the same and no 
Adjournment had been made. \^Passed June 22. 



CHAPTER 2. 

RESOLVE ESTABLISHING THE GARRISONS AT CASTLE WILLIAM AND 

FORT POWNALL. 

Resolved That there be an Establishment for fifty men officers Legislative 
included for the defence of Castle William. And that their wages councif °* ^'^^ 
be fixed at the Following Rates, to Continue for One Year from the xxviii.,*24. 
20^^^ of June Current Viz Archives, 

[375] Ixxx., 662. 



376 



Province Laws {Resolves, etc.). — 1769-70. [Chaps. 8, 4.] 



House Jour- 
nal, pp. 28, 29, 
30. 



For one Captain 
For one Lieut' 
For one Chaplain 
For one Gunner 
For one 2'' Gunner 
For one armourer 
For Two Serjaents 
for Six Quarter Guu''' 
for 4 corporals 
for 1 Druiner 
for 31 privats 



F annum £56. 3. 10 

Ditto 28. 11. 5 

Ditto 33. 6. 8 

D" 45. 6. 8 

Do 33. 6. 8 

V month 2. 4. 6 

D" Each 1. 12. 

D" Each 1. 12 

Do Each 1. 9. 4 

do 1. 9. 4 

do Each 1. 4. 



Also 

Resolved. That the Establishment for. Fort Pownal at Penobscot 
for One Year from the 20"" Jun current, be as follows Viz' 

For One Lieut' F month £2. 10 

For an Chaplain ■P' D" 4. 

For an Interpreter Do 2. 10 

For One Gunner Do 2. 5 

For One Armourer d" 1. 10 

For one Sirjaent Do 1. 10. 

For Twenty privates ^ Q" Each 1.4 



\^Passed June 22. 



CHAPTER 3. 



Legislative 
Records of the 
Council, 
xxviii., 27. 
Mass. 

Archives, civ., 
558. 

House Jour- 
nal, p. 37. 
Province 
Laws, iv., 958, 
chap. 7. 



RESOLVE DIRECTING PROVINCE TREASURER TO NOTIFY POSSESSORS 
OF GOVERNMENT SECURITIES OF THEIR REDEMPTION. 

Resolvd that the Treasurer of this Province be »& hereby is directed 
to give publick Notice to the Possessors of Government Securitys 
that were due the 20^'' Instant, that they bring them into the Treas- 
ury on or before the 20*^'' of July next, in order that they may be 
paid off, & that no Interest will be allowd upon said Notes after 
the said 20"' of July. [Passed June 28. 



CHAPTER 4. 



ORDER DIRECTING THE PAYMENT OF £75 AND A FURTHER AMOUNT 
OF £15 TO REV» ELI FORBES. 



Legislative 
Records of the 
Council, 
xxviii., 28. 
Mass. 
Archives, 
xxxiii., 500. 

Mass. 
Archives, 
xxxiii., 498. 
House Jour- 
nal, pp. 32, 38. 
Province 
Laws, xvi.,60, 
chap. 128; 607, 
chap. 97. Ante, 
p. 243, chap. 36; 
p. 359, chap. 57. 



A Petition of .the Rev'^ Eli Forbes of Brookfield Praying for 
Payment of the Sum stipulated by this Court for boarding cloath- 
ing and instructing of three Indian Children, from the 17'^ day of 
June 1768, to this time, which was fixed at 10/ ^ week, and setting 
forth, that on the 25"' day of March last, he received two Letters 
from the Friends of the two Indian Boys requesting that their Chil- 
dren might be allowed to visit them for reasons expressed in said 
Letters. And praying the directions of this Court in the Premisses. 

Eead & 

Ordered that there be paid out of the Intrest of Sir Peter War- 
rens Donation the Sum of Seventy five pounds to M"" Eli Forbes in 
full for his Cloathing Hording and Instructing the three Indian 
Children in this petition mentiond from the 17"' Day of June 1768 
until June S** 1769 & further 

Ordered that there be paid out of the Intrest afos^ a further Sum 



[1st Sess.J Province Laws {Resolves, etc.), — 1769-70. 377 

of fifteen pounds to the said W Eli Forbes to Enable him to Send 
home the Two Indian Boys and Return them according to his Dis- 
cretion he to Render an ace" of the Disposal of the last mentioned 
sum hereafter to the Gen' Court. \^Passed June 28. 



CHAPTEE 5. 

RESOLVE ESTABLISHING THE BOUNDARY LINE BETWEEN SUTTON AND 

UXBRIDGE. 

A Petition of Isaac Bernard and others a Committee of the Legislative 
Town of Sutton Setting forth That about twenty years since there counciu"**^^ 
was a Perambulation of the Lines between the said Town and the ^^^\h'^^'' 

Town of Uxbridge, in which an unhappy mistake was made to the — . ' . ' 

prejudice of the Town of Sutton. That the Selectmen of Sutton Refords'of the 
taking advantage hereof have ever since refused to Perambulate any xxvii"32o smo- 
other Line altho' the Line so run comes in upon Sutton about seven xxvin!, 26.' 
hundred rods in length, and in the widest part about 20 Rods in uail^pp'.3*7y4o. 
breadth, thereby cutting off about Eighty-four Acres of Land. And £a^g°i^. 408 
praying that a Committee of this Court may be appointed to settle chap. 66. ' 
the Line between the said Towns agreable to the intention of the 
original Grant of said Town. 

Read and 

Resolved That the Line between the Towns of Sutton & Uxbridge, 
begin at a large red oak Tree, about Sixty Rods Easterly of the 
House of Mark Bachelor, having sundry marks upon it, and a large 
heap of Stones about the Root, being an ancient Monument, and to 
run from thence South seven degrees & an half West, by the Needle, 
four miles & twenty rods to a heap of Stones, called Draper's Corner, 
that & said red Oak tree being the two Corners mentioned in the 
Petition of the town of Sutton, & perambulated to by said town, 
and the town of Uxbridge, from their first Perambulation, and that 
the Charge of the Committee, amounting to the Sum of Six Pounds 
Eight shillings & seven pence be paid by the said Town of Uxbridge. 
[^Passed June 29. 



CHAPTER 6. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 

The FOLLOWING Order passed on the Account of John Cotton Legislative 
Esq'' Treasurer of the County of Plymouth, which was laid before council^ °* *^^ 
the Court for their Allowance, Viz' xxviii., 34. 

Resolved that the within Account, being right cast, and well House Jour- 
vouched be allowed, and that the Treasurer be discharged of the '^^^•pp-2n42. 
Sum of One hundred forty nine Pounds, nine shillings & four 
pence, which he has paid by order of the Court of Sessions, includ- 
ing his own Commissions, and that a Balance remains in the said 
Treasurers hands of Two hundred & seven pounds, seven shillings 
& six pence, including the last year's Assessment on the County, 
which the said Treasurer is still to account for, when he shall recieve 
the same. [Passed July 1. 



378 



Province Laws {Resolves, etc.). — 1769-70. [Chaps. 7-9.] 



Tjegislative 
Records of the 
Council, 
xxviii., 34. 

House Jour- 
nal, pp. 28, 42. 



CHAPTEE 7. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 

The followino Order passed on the Account of Cap' Michael 
Farley, Treasurer of the County of Essex, which was laid before 
the Court for Allowance, Viz' 

Resolved that the within Account, being right cast, & well vouched, 
be allowed and tliat the Treasurer be discharged of the Sum of Three 
hundred & fifty two Pounds ten shillings, which he has paid by order 
of the Court of Sessions, including his own Commissions, and that 
a balance remains in the said County Treasurer's hands of Four hun- 
dred forty Pounds, ten shillings & nine pence, including the last 
year's Assessment on the County of Three hundred Pounds, which 
the Treasurer is still to account for when he shall recieve the same. 
{^Passed July 1. 



CHAPTER 8 



RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIANS OF THE HAS- 
ANAMISCO INDIANS. 



Legislative 
Records of the 
Council, 
xxviii., 35. 
Mass. 
Archives, 
xxxiil., 506. 

Mass. 
Archives, 
xxxiii., .505. 
House Jour- 
nal, p. 44. 
Province 
Laws, xvii., 
2(;y,chap. 104. 



The following Order passed on the Account of Timothy Paine 
and Artemas Ward Esq" Trustees of the Hasanaraisco Indians, whicli 
was laid before the Court for Allowance, Viz' 

Resolved i\\a,t the accounts of the Guardians of the Hassanamisco 
Indians being right cast & well vouched be allowed & That the said 
Guardians be accountable for tlie Sum of Seventeen Hundred & 
forty four Ounces & ^^ii Parts of an Ounce of Silver being Prin- 
cipal & that s'' Guardians be further accountable for The Sum of 
two pounds eiglit shillings & Two Pence Interest money still remain- 
ing in their Hands. \^Passed July 4. 



CHAPTER 9. 



RESOLVE APPOINTING A COMMITTEE TO BURN GOVERNMENT SECU- 
RITIES REDEEMED. 



Legislative 
Records of the 
Council, 
xxviii., 35. 
Mass. 

Archives, civ., 
559. 

House Jour- 
nal, pp. 47, 48. 



In the House of Representatives 

Resolvd that M'' Hancock Capt Sheaffe & Coll Williams with 
such as the Hon''' Board shall joyn be a Committee to repair to the 
Treasurers office in the Recess of the Court take an Account of the 
Government Securities which have been redeemd see the same con- 
sumd to Ashes & report at the ne.xt Sitting of this Court 

In Council. Read & Concurred and Thomas Hubbai'd, & Samuel 
Dexter Esq""* are joined. [^Passed July 5. 



[1st Sess.] Province Laws (7i'e.so?ye.s, e<c.). — 17«)i)-7(). 379 



CHAPTER 10. 

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN- 
STABLE COUNTY. 

The FOLLOWING Order passed on the Acco' of Solomon Otis Legislative 
Esq' Treasurer of the County of Barnstable, which was laid before comicif°**^^ 
the Court for Allowance, Viz' xxviii.,a6. 

Resolved that the within Account being right cast and well vouched House Jour- 
be allowed, and that the Treasurer be discharged of the Sum of One °* >i*i'--^'*9- 
hundred Seventeen Pounds, eleven shillings and eight pence, which 
he has paid by order of the Court of Sessions, that he be further 
accountable for the Sum of One hundred Eighty five Pounds six 
shillings, five pence and two farthings, which he is still to account 
for, when he shall recieve the same. \^Passecl July 5. 



CHAPTER 11. 

RESOLVE DISCHARGING THE PROVINCE TREASURER OF £180,861. 16. 5. 

The Committee to whom was referred the Examination of the Legislative 
Account of Harrison Gray Esq'' Treasurer & Eeciever General of coun^f °* *^* 
his Majesty's Revenues, within the Province of the Massachusetts xxviii.,'37. 
Bay, in New England, beginning 25"^ of May 1768, and ending the Archives, 
31" May 1769, having attended that Service, upon examining the c ^xv., 362. 
same, find them right cast, and well vouched ; by which it appears, Archives 
that the said Accomptant charges himself with the Sum of Eighty cxxv., sei. 
seven thousand three hundred & four Pounds, seven shillings & six Records'onhe 
pence, being so much due for taxes, as represented by his last Ac- xxviif'ss 
compts. Also with the Sum of Fifty three thousand, two hundred House'.Jour- 
and seventy Pounds, eighteen shillings, and two pence, being the ^^^'^:^^- 
balance due by last Accounts, also with the Sum of One hundred 
twenty five thousand Eight hundred & fifty Pounds borrowed of 
sundry persons, for which Sum, gave Notes payable in June 1769 Also 
with the Sum of One hundred thirty three Pounds, six shillings and 
eight pence, recieved from an unknown hand, being so much he ap- 
prehended, he ought to pay the Province for Duties upon Rum & 
Molasses he has run. Also with the Sum of Eleven hundred Seventy 
nine Pounds, eleven shillings and two pence, recieved of sundry 
Persons for Lands. Also with the Sum of Twenty three hundred 
thirty two Pounds fourteen shillings & nine pence, recieved of the 
Collectors of Excise on spirituous Liquors. Also with the Sum of 
Twenty three Pounds thirteen shillings & six pence recieved of Asa 
Douglass & Samuel Warren their part of what they were to pay for 
the Release of 913 Acres of land. Also with the Sum of Twenty two 
Pounds four shillings, recieved of sundry Justices for Fines. Also 
with the Sum of Three hundred & forty eight Pounds, recieved of 
Commissary Hubbard, being part of the Profits arising from the 
Indian trade. Also with the Sum of Six hundred and three Pounds, 
nine shillings & five pence, recieved of the hon'''^ James Russell 
Esq'' Commissioner of Impost Duties; all which Sums amount to 
two hundred, seventy one thousand and Sixty eight Pounds, five 
shillings and two pence 



380 



Province Laws {Resolves, etc.). — 1769-70. [Chap. 12.] 



The Committee further find that the said Accomptant discharges 
himself by sundry Payments, and Disbursments, by Order of the 
Governor and Council, amounting to Ten thousand two hundred, 
twenty three Pounds, four shillings & four pence. 

Also by Government Securities burnt by a Committee of both 
Houses, amounting with Interest, to One hundred Sixty nine Thou- 
sand, and thirty eight Pounds, twelve shillings, & one penny. 

Also by Cash paid John Hancock Esq"" for twelve hundred Pounds 
sterling, in Bills of Exchange 33% f> C' equal to Sixteen hundred 
pounds lawful Money, which was remitted, one half to Kichard 
Jackson Esq' and the other half to Dennis Debert Esq' Also by 
outstanding Taxes, due from the several towns, amounting to Fifty 
one thousand, two hundred thirty two Pounds, two shillings and 
eight pence. By Balance in hand further to account for Thirty eight 
thousand, nine hundred Seventy four Pounds, six shillings and one 
penny. All which Sums amount to Two hundred Seventy one thou- 
sand & Sixty eight Pounds, five shillings and two pence. 

[Read and] 

Resolvd that the Treasurer & Receiver General of this Prov- 
ince be & he hereby is dischargd of the several Sums mentiond 
in his Accounts amounting to one hundred & Eighty thousand Eight 
hundred & Sixty one Pounds Sixteen shillings & five pence : And 
that he be further accountable to the Province for the sum of Fifty 
one Thousand two hundred thirty two pounds, two shillings & Eight 
pence represented as outstanding taxes when receivd by him into 
the Treasury, and the Sum of thirty Eight thousand nine hundred 
seventy four pounds Six shillings & one peny being the Ballauce 
remaining in his liands. \^Passed July 5. 



CHAPTEE 12. 



Legislative 
Records of the 
Council, 
xxviii., 39. 

House Jour- 
nal, pp. 32, 50. 
Province 
LawB,iv.,S15, 
chap. 13. 



RESOLVE CONFIRMING THE PROCEEDINGS AT THE TOWN MEETINGS IN 

ASHFIELD. 

A Petition of Ebenezer Belding and others a Committee of the 
town of Ashfield, in the County of Hampshire Setting forth, that 
a few years since the said Town was incorporated, & a Meeting 
called by order of the Court for the Choice of Town Officers, but 
that no return was made upon the Warrant for calling the said 
Meeting by the person to whom it was directed, and that several 
other Warrants for calling of the Meetings in said town have not 
had due Returns made upon them; by means whereof tlie transac- 
tions of the said town, in the said Meetings are looked upon as 
illegal, and disputes in the Law have arisen, and more are like to 
arise, unless prevented by the Aid of this Court. And praying that 
the several Meetings of the said Town since the Incorporation, may 
be confirmed by an Act of this Court. 

Read and 

Resolved that the prayer of this Petition be granted, & that all 
the Votes & transactions of the said town of Ashfield in their sev- 
eral Town Meetings since their Incorporation, unto this time be 
and hereby are ratified and confirmed; any Omission or Neglect of 
making due & proper Returns on the several Warrants for calling 
the same Meetings or any of them notwithstanding. \^Passed July 5. 



[1st Sess.] Province JjAwb {Resolves, etc.). — 1769-70. 381 



CHAPTER 13. 

RESOLVE IMPOWERING JON^ CAPEN, GUARDIAN, TO SELL REAL ESTATE. 

A Petition of Jonathan Capen, Guardian to the Puncapang Legislative 
Indians Setting fortli Tliat the Debts of the said Indians amount coum'u, "* ^''^ 
to Seventy seven pounds, thirteen shillings & nine pence half penny, xxviu., 40. 
which have arose for their necessary support, & Maintenance. And Archives, 
inasmuch as their Creditors, are in great want of their just dues, ^^^"'•' ^'''- — 
and the Petitioner has no personal Estate, in his Hands to discharge Archives, 
the same. Praying that he may be enabled to sell so much of the xxxiii., 4!io-494. 
said Indian's Land as shall be sufficient for that purpose. Reconts'of the 

[Read and] ^[%_ 

/^eso/ye<^ that Jonathan Capen Guardian to the Punkapog Indians House Jour- 
be & lierby is impowered to Make Sale of so much of the Lands pVoviince 
belonging To the Punkapog Indians as shall amount to 77.13.0,2 Jifap^o!' ^■'^' 
and the Expence of making Such Sale And to make & Execute a ^«<e, p. 246, 
good Deed or Deeds therof In the Law s^ Guardian observing the *^ *^' 
Directions of the Law respecting the Sale of real Estates and To be 
accountable to this Court for his Doings Therin. [Passed July 6. 



CHAPTEE 14. 

RESOLVE ALLOWING £13. 6. 8 TO THE HEIRS OF ABIJAH STRETTON. 

A Petition of Elizabeth Stratton of Natick Setting forth. That J/egisiative 

■ * xiiGcords or 1116 

her late Husband Abijah Stratton deceased in his life time viz' in council, 
January 1768 preferred a Petition to this Court shewing. That Sarah Mals""'^'' 
Wompsquon an Aged Indian Woman and lame came to his House Archives, 

in the Winter and a Storm ensuing he was obliged to keep her, as — — '- — 

is more particularly mentioned in said Petition; and that as no Archives, 
determination was then come into by the Court for the support of Leff/siative' 
said Sarah, he was obliged to continue to keep her until his own Records of the 
ill Health rendered it difficult for him to do it any longer. That the xxviLJiss. 
time of her being with him from first to last is sixty six Weeks which na "pp'sTsi. 
at 4/ ^ Week amounts to £13.4/ And Praying for a reimbursment 
of the said Sum. 

[Read and] 

Eesolvd that the Sum of Thirteen pounds Six shillings & Eight 
pence be allowd & paid out of the publick Treasury to Elizabeth 
Stretton or her order for the Use & Benifit of the Heirs of Abijah 
Stretton of Natick dec*^ in full for his keeping & taking Care of 
Sarah Wampsquam an aged Indian Woman Sixty Six weeks pur- 
suant to the Account in said Petition. [Passed July 6. 



382 



Province Laws (Resolves, etc.). — 1769-70. [Chaps. 15, 16.] 



CHAPTER 15. 



RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION 
OF JON'^ GROUT AND OTHERS IN REGARD TO A RE-TRIAL OF AN 
ACTION. 



Legislative 
Records of the 
Council, 
xxviii., 45. 

House Jour- 
nal, pp. 48, 55. 



A Petition of Jonathan Grout, Silence Grout & Priscilla Grout 
all of Worcester in the County of Worcester Children and Heirs of 
Jonathan Grout late of Worcester aforesaid Yeoman deceased set- 
ting forth That Kichard Heard of Sudbury in the County of Mid- 
dlesex commenced an Action against their mother Hannah Grout 
as Administratrix of the Estate of their said Father the said Jona- 
than Grout at the Inferior Court held at Cambridge for the County 
of Middlesex in May last for a supposed breach of Covenant on a 
Deed & Conveyance of some Lands given him by their said Father 
so long ago as the year 1744. That the said Hannah being so much 
under the influence of the said Richard Heard (her Brother) as not 
to inform them of the said Action, but suffered herself to be de- 
faulted and Judgment to be had against their said Fathers Estate 
in her hands for One hundred pounds damages. That the Petitioners 
apprehend if a fair Trial may be allowed, they shall be able to make 
it appear there never was any breach of the Covenants in said Deed 
or any foundation for the said Action, and that there is nothing 
due to the said Richard in Law nor equity. And praying (as the 
loss will be wholly the Petitioners) that the Execution of the Judg- 
ment aforesaid may be staid, and that they may be allowed in the 
name of the said Hannah Grout, and at their own Expence a hear- 
ing and Trial in the Law of the said Cause. 

[Read and] 

Resolved That the foregoing Petitioners notify the adverse party 
of the foregoing Petition by leaving an attested Copy thereof with 
him, that he shew cause, if any he has, the second Thursday of the 
next Session of the General Court why the prayer thereof should 
not be granted, and that the Execution above mentioned be stayed 
in the mean time. [Passed July 8. 



CHAPTER 16. 



Legislative 
Records of the 
Council, 
xxviii., 4S. 
Maps and 
Plaus, Mis., 
xiv., 8. 

House Jour- 
nal, pp. 39, 44. 
Ante, p. 3'23, 
chap. 209. 



RESOLVE confirming A PLAN OF X^ GRANT OF LAND MADE TO M« 
EBEN» HARTSHORN TRANSFERRED TO CAP^ MOSES LITTLE. 

A Plan and description of part of sixteen hundred Acres of Land 
granted to M' Ebenezer Hartshorn (which Grant he has since sold 
to Cap' Moses Little of Newbury and by him laid out in the County 
of Cumberland between New Gloucester and the Pejepscot Claim 
and Bakers Town so called) was laid before the Court and is bounded 
as followeth Begining at a Beach Tree standing on the Easterly 
Line of said Bakers Town distant four Miles S.W. from the great 
Falls or twenty mile Falls so called in Androscoggin River being 
the S.W. corner bound of the said Pejepscot Claim; then runiug 
from said Beach Tree 470 Rods S.W. on the East line of said Bakers 
Town to a Fir Tree standing on New Gloucester Line which is 
marked M. L from thence S.E. by S. upon New Gloucester Line 



[1st Sess.] Province Laws {Resolves, e^c). — 1769-70. 383 

1,340 Rods 'till it intersects the Pejepscot Line at a Pine tree 
marked M. L from thence running upon the Pejepscot curved 
Line pun-ulol to Androscoggin River and four Miles distant there- 
from on a 8. W. course to the lieacli Tree first ahovementioned, and 
contains 1,343 Acres, exclusive of 150 Acres of Morass or Bog. 

Dated Novem"" 0"' 1708 Signed <^ John Brown Jun'' Surveyor. 

Whereupon the following Order passed viz' 

Resolved that the within Plan of fourteen hundred & ninety three 
Acres Of land Delineated and Discribed as it is Set forth therein; 
also another Strip of Land Containing about forty five Acres being 
the whole of the Province land lying in a Gore between New Gloces- 
ter & the Pejepscutt Curved line as may also appear by the within 
Plan; be accepted & hereby is Confirmed unto Capt" Moses Little 
(a Grantee of Ebeuezer Hartshorn), to him the said Moses Little 
his Heirs'& assigns forever in lieu of, and in full Satisfaction for 
the Grant made by the General Court the 2'' day of March A.D. 
1768, of Sixteen hundred Acres of land to the said Ebenezer Harts- 
horn for his Services Sufferings & purchases in his petition men- 
tioned; Provided that both said pieces of land do not Exceed the 
Quantity of Sixteen hundred Acres (Exclusive of One hundred & 
fifty Acres of Morass or Bogs,) nor interfere with any former grant. 
\^Passecl July 11. 



CHAPTER 17. 

RESOLVE ALLOWING £14. 12. 1 TO REV. STEPHEN BADGER. 

A Memorial of Stephen Badger of ISTatick Clerk, Praying that Legislative 
he may be reimbursed the Sum of £14,12.1 Avhich he expended for councif,^ *^^ 
the support of Sarah Wampsquon and Thankful Eiggins and her Mals"''*^' 
Child Indians of Natick, they being destitute of the necessaries of Archives, xiv., 
life. And that provision may be made for the future support of the 



said Indians and such others as may be under the like circumstances. Archives, xiv., 
[Read and] joum^?^^^ 

Resolvd that the Sum of fourteen pounds twelve Shillings & one pp. 32, 50. 
peny be allowd & paid out of the publick Treasury to the Revd M' ^hap'.ii^'^^' 
Stephen Badger in full Discharge of his Account of Disburstment 
for Sarah Wampsquam & Thankful Eiggins & her Child to this day. 
And that for the future the Selectmen of Natick & overseers of the 
poor in said Town be & hereby are required to take due Care of the 
Support of Sarah Wampsquam untill this Court shall come into some 
suitable measures for