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THE 


ACTS  AND   RESOLVES, 


PUBLIC    AND    PRIVATE, 


Province  of  the  Massachusetts  Bay: 


TO  WHICH  ARK   PREFIXED 


THE  CHARTERS  OF  THE  PROVINCE. 


HISTORICAL   AND    EXPLANATORY    NOTES,  AND   AN    APPENDIX. 


PUBLISUEll    UNDER   CHAPTER   87    OF   THE    UESOLVES    OF    THE    UENEKAI.    ( 'oURT 

or  THE  Commonwealth  for  the  Vear  ISiJT. 


V^  O  L  U  M  E     T  I  .  , 
BEING    VOLUME    I.    OF   THE   APPENDIX. 

CONTAININ<; 

PRIVATE  ACTS,  1692-1780. 


RIGHT   &   P <)<T'T'B'B'l?il"l N TiJ^Q  'P,^'- ,   ^  tJa'^'E   PRINTERS 


W 

18   Post   Office   Square! 
189  6. 


i'k 


■■^f  A  PSp/*  CTrn'FiJ^'''mfa 


PREFACE. 


The  following  are  extracts  from  a  Preface  prepared  by  the 
Editor  of  the  Province  Laws,  Mr.  Abner  C.  Goodell,  Jr.,  and 
are  here  published  by  the  order  and  authority  of  the  Governor 
(acting)  and  Council :  — 

"By  chapter  48  of  the  resolvew  of  the  year  18(j5  commissioners 
were  appointed  'to  pre})are  for  publication  a  complete  copy  of  the 
statutes  and  laws  of  the  Province  and  State  of  Massachusetts  Bay,  from 
the  time  of  the  province  charter  to  the  adoption  of  the  Constitution 
of  the  Commonwealth,  including  all  the  sessions  acts,  private  and  pub- 
lic, general  and  sj^ecial,  temporary  and  perpetual,  passed  from  time  to 
time  by  the  General  Court ;  all  incorporations  of  towns  and  parishes, 
and  all  other  legislative  acts  of  legal  or  historical  importance  appearing 
on  the  records  of  the  General  Court,  with  suitable  marginal  references 
to  the  statutes  and  judicial  decisions  of  the  Province  and  Common- 
wealth, the  orders  of  the  king  in  council,  and  to  such  other  authorities 
as,  in  their  opinion,  may  enhance  the  value  and  usefulness  of  the  work; 
and  to  append  to  the  same  a  comi)lete  index.'  This  work  was  finished 
l)cfore  the  end  of  the  next  year. 

"The  resolve  did  not  provide  for  printing  the  materials  thus  col- 
lected ;  but  two  years  later,  by  the  resolve  of  1867,  chap.  87,  authority 
was  given  for  the  printing  of  one  volume  during  that  year,  and  a  new 
commission  was  thereupon  issued,  under  which  the  Commissioners  beean 
their  work  in  March,   1868,  finishing  the  first  volume  in  ^March,   1869. 

"The  work  has  since  continued  to  the  ninth  volume,  which  is 
partly  done. 

"  Practically,  this  ninth  volume  is  the  tenth,  since  the  entire  first 
edition  of  volume  II.  was  destroyed  in  the  great  fire  of  November, 
1872.  and  the  work  had  to  be  done  over  aixain  and  a    new  index  made. 


IV  PREFACE. 

"  By  the  province  charter  the  governor  and  the  great  and  general 
court  for  the  time  being  were  granted  full  power  'to  make  ordaine  and 
establish  all  manner  of  wholsome  and  reasonable  Orders  Laws  Statutes 
and  Ordinances  Directions  and  Instructions  either  with  penalties  or 
without'  not  repugnant  to  the  laws  of  England.  Obedience,  however, 
was  exacted  only  to  such  of  these  as  should  be  made  and  published 
under  the  seal  of  the  province.  This  excluded  the  whole  body  of  legis- 
lation except  the  formally  engrossed  acts,  which,  in  })oint  of  numbers, 
were  a  very  inconsiderable  portion  of  the  whole.  Of  the  resolves  and 
orders  thus  excluded  more  will  be  said  further  on,  but  of  the  one 
hundred  and  two  private  acts  passed  before  the  Constitution,  all  of 
which,  save  three,  are  herein  printed  (and  the  substance  of  those  three 
is  known),  the  following  comments  are  offered  as  of  possible  interest 
and  value. 

"Notwithstanding  the  reciuirement  of  the  charter,  that  'the  said 
Orders  Laws  Statutes  and  Ordinances'  be,  b}^  the  first  opportunity, 
transmitted  to  the  Privy  Council,  under  the  seal  of  the  province,  the 
practice,  except  in  special  instances,  seems  to  have  been  to  transmit 
only  the  public  acts.  This  appears  by  the  letter  of  Secretary  Willard, 
in  1718,*  to  Mr.  Popple,  secretary  of  the  Board  of  Trade,  as  well  as 
by  the  omission  of  the  titles  of  private  acts  in  the  lists  of  acts  laid 
before  the  Privy  Council,  and  by  the  references,  occasionally  found  in 
the  records  of  the  Lords  of  Trade  and  of  the  Privy  Council,  to  the 
neglect  to  send  the  private  acts. 

"From  December,  1723,  to  June,  1742,  no  private  acts  were  passed. 
This  was  owing  to  a  royal  instruction  dated  March  29,  1723,  directed 
to  Governor  Shute,  but  received  by  Lieutenant-Governor  Dummer  before 
the  first  session  of  the  assembly  of  1724,  forbidding  'assent  to  any 
private  act  until  proof  be  made  before  you  in  council,  and  entered  in 
the  council  books,  that  public  notification  was  made  of  the  parties* 
intention  to  apply  for  such  act,  in  the  several  parish  churches  where 
the  premises  in  question  lie,  for  three  Sundays,  at  least,  successively, 
before  any  such  act  shall  be  brought  into  the  assembly.'  The  same 
instruction  forbade  the  passage  of  '  any  private  act  without  a  clause 
inserted  therein  suspending  the  execution '  thereof  until  the  royal  appro- 
bation 'shall  be  had  thereof.'  This  instruction  was  renewed  to  all  suc- 
ceeding governors. 

*  ProviruT  Laws.  vol.  II.,  )i.  'M. 


P  11  E  F  A  C  E  .  V 

"Another  i instruction,  issued  first  to  Governor  Burges,  September 
8,  1715,  required  the  governor  to  take  care  that  no  private  act  be 
passed  in  which  there  was  not  a  saving  to  the  king  and  his  success- 
ors, 'all  Bodys  politick  and  corporate  and  of  all  other  persons  except 
such  as  are  mentioned  in  the  said  Act/  This  instruction,  likewise,  was 
renewed  to  succeeding  governors,  but  it  was  clearly  not  regarded,  nor 
was  the  neglect  to  observe  it  animadverted  upon  by  the  Lords  of  Trade 
or  the  Privy  Council  until  the  first  private  act  passed  after  the  above 
instruction  to  Governor  Shute  was  laid  before  the  latter  board  for  their 
consideration.  This  was  act  number  80  ;  and  upon  rein*esentation  of  the 
Lords  of  Trade  of  the  failure,  in  this  instance,  to  comply  with  the 
above-mentioned  instructions,  the  act  was  disallowed  by  the  Privy  Coun- 
cil, May  28,  1746.  Li  like  manner  private  acts  numbers  87,  88,  90,  94 
and  97  were  disallowed  for  want  of  the  suspending  clause,  although 
other  reasons  were  given  ;  such  as,  that  numbers  90  and  97  were  con- 
trary to  law,  and  that  in  number  94  the  legislature  unwarrantably 
assumed  the  functions  of  a  court  of  equity. 

"Act  number  89  was  certified  for  transmission,  June  18,  1761; 
delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  on  the  nine- 
teenth of  September;  referred  to  the  committee  of  the  Privy  Council, 
for  plantation  afi^airs,  on  the  twenty-fourth ;  considered  by  them  and 
referred  to  the  Lords  of  Trade,  etc.,  on  the  twenty-fifth;  ordered  to 
be  sent  to  Sir  Matthew  Lamb,  counsel  for  the  Board,  for  his  opinion 
in  point  of  law,  January  18,  1762,  who,  on  the  twenty-second  of  May, 
reported  'no  objection;'  and,  thereupon,  on  the  ninth  of  June,  the  act 
was  'ordered  to  lie.'  No  subsequent  action  upon  it  has  been  discovered, 
and  therefore,  presumably,  it  took  eflect  by  lapse  of  time. 

"Acts  numbers  91,  92,  93,  95,  96,  98,  99  and  100  were  all  laid 
before  the  Privy  Council,  but  neither  appears  to  have  been  formally 
allowed  or  disallowed.  The  first  three  were  certified  for  transmission, 
March  HO,  1763  ;  referred  to  the  Commissioners  for  Trade  and  Planta- 
tions on  the  ninth  of  July  ;  read  by  the  Board  on  the  fifteenth,  when 
they  were  sent,  in  regular  course,  to  Sir  Matthew  Lamli,  whose  report 
thereon,  dated  the  twenty-second  of  Se})teml)er,  was  read  and  consid- 
ered on  the  fourteenth  of  October.  Both  in  this  report  and  in  the  list 
of  acts  considered  on  that  occasion  these  private  acts  were  omitted. 
Much  the  same  course  was  undoubtedly  taken  with  the  other  jirivate 
acts   last    enumerated,   and    they    were    pi'obably    not   further   acted    upon. 


VI  PREFACE. 

Numbers   101  and   102,  having  been  passed  during  the  Revolution,  were 
of  course  never  sent  to  England. 

''  The  only  other  private  acts  which  were  not  disallowed  are  those 
relating  to  the  dissolution,  <n*  for  declaring  the  nullity,  of  the  marriage 
contract. 

"Acts  numbers  81,  82  and  83  were  considered  together  by  the 
Lords  of  Trade.  The  first  two  of  them  were  declared  by  Sir  Matthew 
Lamb  —  to  whom  they  were  sent,  in  regular  course,  for  his  opinion  — 
to  be  'the  first  of  their  kind  that  he  ever  saw  in  the  colonies  or  else- 
where.' Sir  Matthew's  report  was  dated  December  18,  1756,  and  was 
read  at  the  Board  on  the  twenty-second  of  March  following,  when  the 
acts  were  first  considered.  They  were  again  considered.  May  12,  1758, 
by  the  Board,  wdio,  on  the  thirtieth,  drew  uj)  their  representation  to 
the  Privy  Council.  The  Lords  concurred  in  Sir  Matthew's  opinion  that 
all  these  acts  were  '  highly  improper ; '  and,  in  their  representation  to 
the  Privy  Council,  they  declared  that  the  governor  'ought  not,  upon 
any  consideration,  to  have  given  his  assent  to  them '  without  the  sus- 
pending clause  required  by  his  instructions ;  and  they  proposed  that, 
'as  it  may  he  a  matter  of  doubt  whether  the  legislature  of  the  j)rovince 
.  .  .  has  a  power  of  j)assing  laws  of  this  nature,  and,  conse(juently, 
whether  these  acts  are  not  of  themselves  null  and  void,  .  .  .  this  point 
be  referred  to  the  consideration  of  His  Majesty's  Attorney-  and  Solicitor- 
General,  to  the  end  that  proper  instructions  may  be  formed  for  the  gov- 
ernor of  this  and  other  .  .  .  colonies,  to  regulate  their  conduct  in  the 
like  cases  whenever  they  shall  occur.'  This  representation  or  report  was 
signed  at  Whitehall,  June  6,  1758.  No  report  by  the  law  officers  of 
the  crown  on  the  point  submitted  to  them  has  been  discovered ;  but  as 
no  signification  that  these  acts  were  disallowed  appears  in  our  public 
archives,  and  as  other  similar  acts  continued  to  be  passed  as  late  as 
April,  1780,  the  conclusion  appears  inevitable  that  they  were  suffered 
to  go  into  operation,  sub  siJentio.  This  conjecture  is  rendered  more 
probable  by  the  circumstance  that  Governor  Shirley  was  present,*  by 
invitation,  to  consult  with  the  Lords  of  Trade  at  their  meeting  on  May 
12,  1758,  and  that  before  the  arrival  of  his  successor,  (xovernor  Pow- 
nall,  two  similar  acts  (numbers  84  and  85)  were  passed,  which  do  not 
appear  to  have  been  disallowed,  although  they  were  duly  transmitted  to 
the   Privy   Council. 

*  Str   rr.iviiico   L:i\vs,   vol.    111.,    v.  M.'i. 


P  R  K  F  A  C  K  .  VH 

"'rh(>  i^roviiK-c  hiw  ot"  1754-55,  oliaj)t(M'  15,  tor  ciirorciiiji'  llie  decrees 
and  orders  of  the  Governor  and  (V)uncil  in  matrimonial  cases,  had  been 
l)assed  January  S.  1755,  hut  that  l)()ard  contimied  to  decline  to  decree 
a  dissolution  of  the  bonds  of  matrimony  in  cases  of  cruelty  or  of  adul- 
tery. Accordinofly,  in  the  second  session  of  the  legislature  which  en- 
acted private  act,  mimber  H6,  for  dissolving  the  marriage  of  Daniel  and 
Mary  McCarthy,  a  bill  was  passed  in  the  House  empowering  the  Gov- 
ernor and  Council  to  grant  a  license  to  marry  again  to  the  '  innocent 
or  aggrieved  party,'  who  had  been  separated  by  a  divorce  a  menm  et 
tlioro.  This  bill  was  read  in  the  Council,  August  24,  1757,  but  there 
was  no  vote  of  concurrence.  This,  of  course,  was  while  the  provincial 
divorce-acts  of  the  })receding  two  years  were  lying  before  the  I^ords  of 
Trade  for  their  consideration. 

"The  subject  of  legislative  divorces  was  largely  debated  al)out  that 
time,  and  William  Bollan,  son-in-law  of  Governor  Shirley,  and  then 
agent  of  the  province,  in  P^ngland,  a  person  of  various  learning,  as  well 
as  an  accomplished  lawyer,  has  left  some  account  of  the  difficulties  he 
encountered  in  his  diligent  and  arduous  pursuit  of  this  subject,  in  the 
libraries  and  in  the  records  of  the  ecclesiastical  courts  in  London. 

"The  Editor  has  reserved  his  comments  upon  the  subject  of  leijis- 
lative  resolves  for  this  conclusion  of  the  preface.  However  slight  the 
distinction  between  a  bill  and  a  resolve  may  be  according  to  present 
practice,  —  a  distinction  hardly  definable  if  we  follow  the  received 
authorities,*  —  it  appears  from  what  has  l)een  already  shown  in  this 
l)reface  that  by  the  province  charter,  the  impress  of  the  province  seal, 
which  was  affixed  to  acts  exclusively,  was  a  necessary  badge  of  author- 
ity, and  hence  the  propriety  of  limiting  the  office  of  resolves,  generally, 
to  administrative  matters,  in  which  they  served  to  ex[)ress  the  consent 
of  the  legislature,  rather  than  to  prescribe  or  command  action.  A  larae 
number  of  resolves  are  merely  subsidiary  to  other  formal  legislation,  or 
ancillary  to  the  proceedings  of  the  judicial  courts.  Of  the  former,  are 
resolves  for  the  imprinting  and  issuing  of  l)ills  of  public  credit ;  for 
abating  taxes  and  imposts ;  for  granting  salaries ;  votes  for  supplying 
the  treasury  ;  and  appropriations  for  a  variety  of  ol)jects  sanctioned  by 
law.  Of  the  latter,  are  resolves  for  altering  the  terms  of  the  courts  ; 
aidino-  in  the  settlement  and  distribution  of  estates  :  and  orderino-  sales 
of  the  estates  of  deceased  persons  or  persons  under  disability;  grantino- 

•  See  Cushing's  ••  Law  ami  I'lactice  of  Legislative  Assemblies,"'  paragraphs  752  and  2403,  and 
citations. 


VITI  PREFACE. 

relief  in  cases  of  failure  to  enter  appeals  and  reviews,  or  for  correcting 
irreg-ularities  in  the  service  of  writs,  and  in  the  lew  of  executions, 
where  the  powers  of  the  judiciary  were  inadequate. 

"  Of  a  higher  class  of  resolves  are  those  declaratory  of  the  law ; 
for  forming  treaties  ;  issuing  proclamations  for  fasts  and  thanksgivings  ; 
sending  envoys  and  ]ireparing  letters  to  other  governments ;  adopting 
addresses  to  the  crown  ;  deiining  the  functions  of  the  respective  branches 
of  the  legislature,  and  settling  questions  of  parliamentary  law  and 
practice. 

"  The  administrative  resolves  comprise  a  great  variety ;  such  as 
those  authorizing  the  building  of  highways,  bridges,  and  ferries,  meet- 
ing-houses and  schoolhouses,  forts  and  blockhouses ;  establishing  the 
boundaries  of  the  province,  and  of  towns  and  counties  ;  electing  public 
officers ;  providing  arms  and  munitions  of  war,  and  furnishing  snow- 
shoes  for  the  militia. 

"The  resolves  most  difficult  to  trace  in  their  o])eration  are  those 
which  were  passed  in  aid  of  military  forces  in  actual  service.  The 
o-overnor,  as  commander-in-chief,  having  the  disposal  of  all  grants  for 
this  pur]iose,  and  not  being  accountal^le  exce})t  through  the  commissa- 
ries and  l)oards  of  war  appointed  by  him,  it  is  sometimes  impossible 
to  determine  wdiether  a  given  resolve  of  this  class  was  actually  opera- 
tive,—  the  mere  vote,  by  the  House,  of  approval  of  a  military  enter- 
prise being  often  taken  as  sufficient  warrant  for  the  a]^plication  of  money 
therefor  by  the  Governor  and  Council,  without  the  record  of  the  con- 
currence of  the  uj^per  ])ranch.  A  similar  difficulty  arises  in  determin- 
ing whether  a  resolve  actually  became  operative  in  cases  where  its 
operation  depended  u})on  the  election  of  the  beneficiary.* 

"Besides  these  classes  there  was  a  series  of  resolves  having  all  the 
force  of  acts,  not  from  their  form  or  intrinsic  po^ver,  l)ut  ])ecause  of  a 
provision  of  the  charter,  authorizing  the  governor  and  general  assembly 
'to  make  or  passe  any  Grant  of  Lands  ...  in  such  manner  as  hereto- 
fore they  might  have  done.'  These  grants  were  expressly  ordained  'to 
be  and  continue  for  ever  of  full  force  and  etfect  without  our  further 
Approbation  or  Consent.'  This  provision,  therefore,  dispensed  with  the 
necessity  of  the  formalities  required  in  the  passage  of  acts,  including 
the  transmitting  them  to  the  Privy  Council  for  the  royal  allowance  or 
disallowance. 

•  See  Little  r.  Frost,  3  Mass.  10(i,  IKi. 


1»  R  E  F  A  C  K  .  IX 

"  Hence  it  happens  that  not  less  than  one  lumdred  and  thirty-seven 
towns  in  Massachusetts  have  no  other  foundation  than  grants  by  the 
general  court,  in  the  form  of  votes,  orders  or  resolves  which  were  not 
included  with  the  printed  acts.  Undoubtedly,  this  clause  in  the  charter 
was  inserted  to  cure  beyond  dispute  or  challenge  the  alleged  defects  of 
title  which  had  been  availed  of  by  Andros  to  reap  a  harvest  of  heavy 
fees  for  confirming  grants  which,  he  claimed,  should  have  been  regularly 
made  by  deed,  under  the  corporate  seal,  and  not  l)y  vote  of  the  legis- 
lature. 

"Divers  attempts  were  made  from  time  to  time  to  prevent  or 
discourage  applications  to  the  legislature  for  private  relief.  Thus,  in 
1720,  a  resolve*  passed  the  Council  for  fixing  a  limit  of  twelve  months 
for  the  ])resentation  of  petitions  for  leave  to  enter  appeals  from  the 
judgment  of  the  Superior  Court ;  but  the  House  refused  to  concur. 
Again,  in  1736,  an  act  f  was  passed  for  awarding  costs  to  respondents 
in  the  case  of  vexatious  petitions,  and  limiting  the  time  for  the  presen- 
tation of  all  private  petitions  to  fourteen  days  from  the  beginning  of 
the  session. 

"The  resolves  in  this  edition  embrace  all  joint  or  concurrent  pro- 
ceedings of  the  three  branches  of  the  legislature,  except  merely  inter- 
locutory or  parliamentary  votes  and  orders  ;  such  as  those  for  passing- 
bills  through  their  several  stages ;  for  appointment  of  commissioners, 
and  of  temporary  legislative  committees,  and  for  the  election  of  coun- 
cillors and  other  pul)lic  officers ;  and  messages  between  the  several 
l)ranches  of  the  leofislature,  and  commissions  and  instructions  to  agents 
and  the  guardians  of  Indians,  etc. 

'■'  As  a  rule,  wlien  a  vote  of  the  House  recommending  or  contem- 
plating executive  action  was  acted  upon  by  the  Council,  the  vote  has 
been  included,  as  a  complete  act  of  legislation,  although  no  formal  vote 
of  concurrence  may  have  been  found;  but  in  other  cases,  where,  upon 
the  passage  of  such  vote  by  the  House,  the  Council  has  taken  inde- 
pendent action,  not  professedly  in  conijjliaiu'c  with  \\\v  vote  of  the 
House,  the  proceeding  has  been  treated  as  the  executive  act  of  tiic 
Governor  and  Council ;  thus,  where,  in  the  case  of  Maule's  objection- 
able book  'Truth  Held  Forth  and  Maintained,'  the  House  prayed  'thai 
the    premises    may    be    inquired    into,    and    some    suitable    testimony    Ix' 

*  Mass.  Archives,  vol.  2,  pp.  7S,  SO. 
t  Province  Laws,  1735-36,  chapter  '20. 


X  PREFACE. 

borne  against  the  author  and  his  evil  work."  and  the  (xovernor  and 
Council  ordered  *  Maule's  hooks  to  l)e  seized,  the  action  is  deemed  not 
properly  legislative. 

"  Tlie  charter  makes  no  distinction  between  acts  and  resolves  in  the 
matter  of  the  governor's  consent  or  approbation,  but  expressly  requires 
that  it  be  '  signitied  and  declared  in  Writeing'  in  all  cases;  yet,  by  far 
the  larger  number  of  the  resolves  appear  without  his  signature.  Ap- 
})arently  in  continuation  of  the  practice  under  the  colony  charter  and 
during  tlie  time  of  Andros's  administration  the  Governor  and  Council 
began  by  directing  legislation,  and  the  House  assisted.  Hence,  in  cases 
of  departure  from  this  practice,  where  bills  originating  in  the  House 
were  concurred  in  and  sent  back,  the  governor's  signature  ap])ears  in 
the  secretary's  record,  or  in  the  council  minute-book ;  but  gradually  the 
practice  became  established  —  at  least  as  far  as  the  Editor's  observation 
has  extended  —  to  regard  the  secretary's  entry  of  the  consent  of  the 
governor  as  conclusive. 

"  In  preparing  for  the  press  this  edition  of  resolves  recourse  has 
been  had,  whenever  practicable,  to  the  original  draught.  Usually  the 
preamble  prefixed  by  the  secretary  has  also  been  printed,  especially 
when  it  contained  the  substance  of  the  petition  or  report  upon  which 
the  resolve  was  based,  and  which  could  not  be  found  in  the  archives. 

"Resolves  are  marked  as  'passed'  where  they  have  been  concurred 
in  by  both  branches,  but  where  the  governor's  signature  does  not  any- 
where appear  save  by  inference, — the  fact  that  the  resolve  became 
operative  being  shown  by  extrinsic  evidence.  Where  the  governor's 
'  consent  or  approbation '  appears  by  his  written  signature  affixed  to  the 
original,  or  in  the  secretary's  books,  or  is  minuted  of  record  by  the 
secretary,  the  resolve  is  marked  'approved;'  and  in  all  cases  the  date 
of  the  act  of  approval  in  given  as  accurately  as  possible. 

"Not  infrequently,  a  difierence  will  be  noticed  between  the  original 
resolves  in  the  archives  and  the  secretary's  record  thereof.  This  arises 
from  the  practice  of  the  secretary  of  making  uj)  his  record-entries 
according  to  his  own  judgment,  from  the  original  votes  and  other  data 
before  him.  Under  the  same  liberal  conception  of  his  duties  the  sec- 
retary did  not  scruple  sometimes  to  compress,  for  his  record,  two  or 
more  distinct  original  votes  or  resolves  into  a  single  paragraph.  In 
such   cases  the    Editor  has,    when    |)racticable,   separated   the    secretary's 

•  Mass.  Archives,  vol.   11,  p.  111. 


PREFACE.  XI 

compilntion  into   its  ('(iniponcnt  parts,  thus  luakinfi:  two  or  more  resolves 
in  place  thereof. 

"  From  the  beginniiij»-  of  their  work  the  Commissioners  agreed  that 
a  grouping  according  to  the  localities  referred  to,  of  all  votes  of  the 
general  court  granting  lands,  establishing  precincts  and  parishes,  and 
determining  territorial  boundaries,  would  be  more  convenient  for  the 
j)ublic  than  })rinting  the  same  in  chronological  order  by  which  they 
would  be  dispersed  throughout  the  entire  series  of  volumes.  They 
therefore  adopted  the  plan,  hitherto  followed,  of  printing  the  titles  of 
these  several  resolves  in  their  chronological  sequence,  postponing  the 
full  text  of  the  resolves  to  a  separate  volume  in  which  it  was  the  in- 
tention to  bring  together  all  such  resolves  as  are  mutually  related,  so 
that  the  reader  will  have  before  him  a  full  history  of  the  legislation 
respecting  each  grant  of  territory,  each  town  and  precinct,  and  of  every 
contest  respecting  boundaries." 


PRIVATE   ACT, 

Passed    1692—3. 


[1] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Second  day  of  March,  A.D.  1692-3. 


[No.  1.] 


AN  ACT  FOR  THE  GRANTING  UNTO  JANE  KIND  WIDOW  A  VOID  PEICE 
OF  LAND  IN  BOSTON  BELONGING  UNTO  THE  ESTATE  OF  HER  SON 
JOHN  KIND,   DECED. 

Whereas  it  has  beeu  Represented  aud  made  appear  unto  this  Court 
That  the  dwelling  house  of  John  Kind  late  of  Boston,  Butcher  deced . 
intestate  situate  at  the  Northerly  End  of  said  Town  was  some  time 
since  consumed  by  Fire,  and  the  ground  whereon  it  stood  with  the 
Land  and  wharffe  adjoyning  lying  void  and  unimproved,  the  said  deced 
leaning  Eight  Orphants  most  of  them  very  Small ;  who  for  about  the 
space  of  three  years  since  their  ffather's  death  have  been  maintained 
and  Educated  at  the  charge  of  their  Grandmother  Jane  Kind  of 
Boston  widow,  who  was  granted  Administration  of  the  Estate  of  the 
s^  deced.  and  is  considerably  in  disburse  for  payment  of  his  Funeral, 
debts  which  he  Owed  and  Education  of  the  s'?  Children  far  juore  than 
what  his  goods  did  amount  unto,  and  the  charge  thereof  daily  increas- 
ing upon  her.* 

Be  it  therefore  Enacted  hy  the  Governo":  Council  and  Representatives 
in  General  Court  assembled  and  by  the  Authority  of  the  same, 

That  the  said  Land  and  wharffe  be  apprized  at  the  due  value  thereof 
by  three  sufficient  ffreeholders  within  said  Town  upon  their  Oaths 
to  be  nominated  by  the  Selectmen  in  said  Town  and  Sworn  before 
two  Justices  of  the  Peace  And  the  said  Land  and  wharffe  is  hereby 
gi'anted  unto  the  said  Jane  Kind  widow  her  heires  and  assignes  for  ever, 
She  giveing  sufficient  Security  unto  the  Judge  for  Probate  of  Wills 
and  granting  of  Adm''°."'  within  the  County  of  Suffolke,  to  be  accounta- 
ble for  the  full  value  thereof  unto  the  said  Children  according  to  Law. 
Saucing  to  y^  Credito"  if  any  be  y*^  payment  of  theire  Just  debts// 
[Passed  March  7,  1692-3. 

*  The  last  word  of  the  preamble  is  marked  with  an  asterisk,  as  if  referrinij  to  an 
amendment  or  additional  clause,  Init  no  such  clause  is  with  the  bill  and  none  has  been 
found  elsewhere  which  seemed  to  Ijelong  in  this  place. 

[3] 


No  engross- 
ment. 

From  the  bill.ia- 
Mass.  Archives, 
xlv.,  205,  206. 
Province  Laws, 
i.,  50,  note. 
Maes.  Archives, 
xvi.,  475,  476. 
Legislative  Rec- 
ords of  the 
Council,  vi.,  272. 
Suffolk  Probate- 
Files,  1739.  Suf- 
folk IJegistry  of 
Deeds,  lib.  13. 
f 01.438-440;  lib. 
16,  fol.408-,410; 
lib.  22,  fol.424- 
428.     Whit- 
more's  Copp's- 
Ilill  Epitaphs, 
p.  34. 


PRIVATE    ACT, 

Passed    1694—5. 


[5] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston 
ON  THE  Sixteenth  day  of  October,  A.  D.  1694. 


[No.  2.] 

AN  ACT  TO  ENABLE  Mbs  SARAH  PRICE  OF  SALEM  IN  THE  COUNTY 
OF  ESSEX  WIDOW  ADMINISTRATRIX  OF  THE  PECULIAR  &  PROPER 
ESTATE  OF  CAPt  JOHN  PRICE  LATE  OF  SALEM  AFORESAID  DECEASED, 
SURVIVING  EXECUTOR  OF  THE  LAST  WILL  AND  TESTAMENT  OF 
CAPT  WALTER  PRICE  LATE  OF  SALEM  AFORESV  DECEp  TO  REVIEW 
AN  ACTION  OF  THE  CASE  TRYED  AT  SALEM  FOR  THE  S?  COUNTY  OF 
ESSEX  ON  THE  LAST  TUESDAY  OF  JUNE  IN  THE  YEAR  OF  OUR 
LORD  ONE  THOUSAND  SIX  HUNDRED  NINETY  &  ONE  BETWEEN  JOHN 
CROAD  OF  SALEM  AFORES?  MERCHANT  EXECUTOR  OF  THE  LAST 
WILL  AND  TESTAMENT  OF  M^s  ELIZABETH  PRICE  LATE  OF  SALEM 
AFORES?    Dte6Ep    PLAINTIFF  AND  THE  S?    JOHN  PRICE  DEFENDANT  — 

Whereas  the  s^  Sarah  Price  by  her  humble  Petition  exhibited  to  this  From  the  en- 
Court,  amongst  other  things  sets  forth  That  at  the  County  Court  held  oo°p^y™f  bui  in 
at  Salem  as  afores'?,  Judgement  in  the  Case  aboves'^  was  given  for  the  i';'^«ex  County 
s''  John  Croad  against  the  s*?  John  Price,  from  which  Judgment  the  s^  Proviuee  Laws, 
John  Price  appealed  to  the  then  next  Court  of  Assistants  to  be  held  at  i-.  203,  note. 
Boston  for  the  Colony  of  the  Massachusetts  Bay,  but  died  before  the  ^vt'fEoo'sot^r'' 
sitting  of  the  s'^  Court  of  Assistants,  &  the  s'?  Appeal  not  prosecuted  ^'••2^^.  ^"*'- 
which  s'^  Judgement  is  erronious  and  contrary  to  Law  as  it  is  said  and  Files,  lees'.  "^ 
greatly  to  the  damage  and  injury  of  the  Petitioner.  Fiie8^2926"'' 

Be  it  therefore  Enacted  and  Ordaiyied  by  the  Governour,  Council  and  Court  of  pleas 
Representatives  convened  in  General  Assembly  And  by  the  authority  oj  suffoi*k,Tu°iy 
the  same,  term,  lesa,  p. 

That  it  shall  and  may  be  in  the  liberty  of  the  s'?  Sarah  Price  within  o Ahe  co^mt ^ 
the  space  of  twelve  months  next  after  the  date  of  this  present  Act,  and  °nt^e  office  of 
not  afterwards,  To  bring  her  Action  of  Review  of  the  afores'-^  Action  of  the  clerk  of 
the  Case  (tryed  at  Salem  the  last  Tuesday  of  June  in  the  s'?  year  of  Essex  couuty"^' 
our  Lord  one  Thousand  six  hundred  Ninety  and  one,  between  the  s'*  John  ^^°"'"^.^,^''^^'  "^Z- 
Croad  as  Executor  of  all  and  singular  the  Estate,  Goods,  Chattels,  courtRecords, 
Rights  and  Credits  of  M"  Elizabeth  Price  late  of  Salem  dece^ Plaintiff,  p^'iPf.^-*^* 
and  the  s*^  John  Price  as  surviving  Executor  of  the  last  Will  and  Testa-  court  of  Com- 
ment of  Captain  Walter  Price  of  Salem  af ores'?  dece^)  to  the  Inferiour  Kies!'' Essex 
Court  of  Common  Pleas  to  be  held  for  the  s^  County  of  Essex.     And  S^^jf^'T  °u 
after  Judgement  or  Sentence  given  upon  such  Tryal  or  Review,  the  leaf  79;  book' 
party  agrieved  may  appeal  therefrom  as  the  Law  provides.  le' 'fA^f ^rls^"'^'^ 

Provided  alwayes,  book  155,  leaf 

And  it  is  hereby  Enacted  &  Declared  by  the  authority  afores'^^  the  s^ipeHor  ° 

That  the  s^  Sarah  Price  her  Executors  or  Administrators  shall  be  '^'""'"^Qg.f  gj''"''' 
liable  to  be  sued,  and  respond  so  far  as  her  late  husband  Captain  John  p!  ii'e. 

[71 


8  'Proyince  LiAws  (Private  Acts) .  —  1694-5.     [No.  2.] 

^*^^*cha^.^9'  Price  in  his  life  time  was  liable  to  have  accompted  for  and  responded, 
29'charies  ii.,  relating  to  the  Estate  of  his  ffather  Captain  Walter  Price,  or  of  his 
Cotouiail!iw.*  mother  Elizabeth  Price  dece^  as  he  was  Executor  or  Trustee  of  his 
of  Massachu-  s*?  ffathcrs  Will,  such  suit  to  be  bi'ought  at  any  time  within  three  yeares 
more's  ed!),  uext  comeing  and  not  afterwards,  Regard  being  had  in  the  Tryal  of 
revisionof  m^.  gd  E,eview  or  any  other  suit  relating  to  the  s'J  Estate,  as  to  the  merit  of 
Laws,  i.,  1692-3,  the  Casc,  uuto  the  Laws  of  the  late  Colony  of  the  Massachusetts  — 
S:f;' 1693-4,  [Passed  October  23. 

chap.  11;  1694-5,  chap.  18.  Essex  Institute  Hist.  Coll.,  vi.,  100.  Godolphin's  The 
Orphan's  Legacj-.etc.  (ed.  of  1701),  p.  86.  Swinburne's  Treatise  of  Testaments 
and  Last  Wills.    Sheppard's  Grand  Abridgment. 


PRIVATE  ACTS, 

Passed    1695—6. 


[9] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-Ninth  day  of  May,  A.D.  1695. 


[No.  3.] 

AN  ACT  TO  ENABLE  ABIGAIL  HANNIFORD  OF  BOSTON  WIDOW  TO  MAKE 
SALE  OF  AN  HOUSE  &  LAND  IN  BOSTON 

Whereas  one  George  Dell  heretofore  of  Boston  afores^  long  since  From  the  en. 
cleee^  first  Husband  of  the  s"?  Abigail,  dyed  Intestate,  At  a  County  BnH™Ma88 
Court  held  at  Boston  26"^  Aprill  1664  Administration  of  the  s'^  George  Archives,  xvi , 
Dell's  Estate  was  granted  to  the  s^  Abigail,  and  the  s*^  Court  did  province  Laws, 
further  order  That  the  remainder  of  the  s*?  Estate  after  the  Debts  of  i->  ^^i.  note. 
the  Intestate  were  paid  (being  by  Estimation  Eight  hundred  pounds)  ^^^^.^hoi.'boi?''' 
should  be  divided  amongst  the  three  Children  of  the  s'?  Dell  by  the  s^  512^513.'  Su'f- 
Abigail,  and  that  the  s*^  Abigail  should  have  liberty  for  her  dwelling  of  Deed^sjlb. 
in  the  House  at  the  North  end  of  the  s"?  Town  of  Boston,  whereof  the  ^s,foi.iS3-i86. 
s'J  George  Dell  died  seized,  paying  one  halfe  of  the  Rent  thereof  to 
the  s'?  Children,  and  in  case  they  should  require  their  portions  rather 
than  coutinue  their  Interests  in  the  s"?  House,  the  s*?  Abigail  making 
payment  to  the  value  before  mentioned,  the  remainder  of  the  said 
Estate  should  be  the  s"?  Abigails. 

And  whereas  the  s^  Abigail  some  time  after  the  death  of  the  said 
George  Dell,  did  intermarry  with  one  John  Hanniford  who  made  his 
last  Will  and  Testament  in  writing,  and  thereof  constituted  the  s"? 
Abigail  sole  Executrix,  and  soon  after  died.  And  the  s'?  Abigail  at  a 
General  Court  held  at  Boston  the  second  day  of  October  1678  for 
weighty  and  necessitous  Considerations  her  thereunto  moving  did 
humbly  request  of  the  s^  Court  to  enable  the  s'^  Abigail  to  sell  the  s'? 
John  Hannifords  real  Estate,  who  did  thereupon  referr  the  same  to  the 
County  Court  of  Suffolke,  to  permit  and  impower  the  s^  Abigail  to  sell 
and  dispose  of  the  s^  Hannifords  Estate,  and  the  County  Court  held  at 
Boston  by  adjournm-  the  sixth  day  of  ffebruary  1678.  did  impower  the 
s"?  Abigail  to  make  sale  thereof,  and  did  further  order  that  the  House 
and  Land  left  by  the  afores*^  George  Dell  should  l)e  secured  for  the 
payment  of  the  portions  due  to  the  Children  of  the  s'?  John  Hanniford 

And  ivhereas  also  the  s^  Abigail  hath  justly  and  honestly  paid  all  the 
portions  and  Legacies  due  to  the  Children  of  the  s'^  John  Hanniford, 
and  the  s'^  Abigail  by  the  providence  of  God  hath  continued  many 
yeares  a  Widow,  and  hath  with  great  care,  diligence  and  expenses  from 
year  to  year  upheld  and  repaired  the  s*^  House  heretofore  belonging  to 
the  s"^  George  Dell,  and  with  great  thrift  and  labour  brought  up  and 
educated  the  Children  of  the  s*?  Dell  and  Hanniford,  but  now  being 
very  ancient  and  for  many  yeares  past  not  able  to  labour  as  hereto- 
fore, and  by  reason  of  the  great  Duties  and  Taxes  imposed  upon,  and 

[11] 


12  Province  Laws  (PWm^e^cte).  —  1695-6.     [No.  3.] 

intenantableness  of  the  said  House  heretofore  the  s'?  George  Dells, 
which  is  now  ia  very  great  decay  and  ready  to  fall  down,  and  the  s' 
Abigail  has  been  necessitated  to  borrow  great  sums  of  money  and 
particularly  sixty  pounds  of  one  person  that  is  still  owing  with  Inter- 
est, which  the  said  Abigail  is  no  wayes  capacitated  to  repay,  or  to 
repair  the  said  House  or  sustaine  herselfe  for  the  future  without  the 
sale  of  the  s^  House  and  Land. 

Wherefore  to  the  end  the  s'^  Debts  of  the  s'?  Abigail  may  be  speedily 
satisfied,  and  she  may  be  the  better  provided  for  and  maintained  during 
her  natural  life,  may  it  be  Enacted. 

And  be  it  Eyiacted  by  the  Lieutenant  Governour,  Council  and  Represent- 
atives convened  in  General  Assembly  And  by  the  authority  of  the  same^ 

That  the  said  House  and  Land  &  every  part  and  parcell  thereof 
with  their  and  every  of  their  appurtenances,  heretofore  the  Estate  of 
the  said  George  Dell  dece'?  scituate  lying  and  being  at  the  Northerly 
end  of  the  Town  of  Boston  afores''  be  and  hereby  is  vested  and  setled 
in  John  Soames  of  Boston  afores'-'  Cooper  and  his  heires,  upon  Trust 
that  the  said  John  Soames  or  his  heires  shall  forthwith  sell  the  said 
House  and  Land  and  every  part  and  parcell  thereof  with  the  appurte- 
nances, and  out  of  the  proceed  of  such  sale  to  pay  and  satisfy  all  such 
Debts  as  the  s-'  Abigail  shall  justly  owe  to  any  person  or  persons  what- 
soever, and  out  of  the  residue  of  the  s-*  purchase  money  shall  maintain 
and  keep  the  said  Abigail  during  her  natural  life,  And  if  any  overplus 
remain  at  the  death  &  after  the  Burial  of  the  s'-*  Abigail,  the  same 
shall  be  paid  to  the  Children  of  the  Daughter  of  the  said  John  Hanni- 
ford  (who  are  only  living  of  the  Children  of  the  s*?  George  Dell  & 
John  Hanniford)  which  sale  so  to  be  made  by  the  s''  John  Soames  or 
his  heires  shall  be  good  &  effectual  in  the  Law  to  the  pui'chaser,  any 
■   Law,  usage  or  Custom  to  the  contrary  notwithstanding  : 

And  the  s^  John  Soames  or  his  heires  shall  accompt  for  the  produce 
of  s*^  House  and  Land  upon  the  sale  thereof,  and  for  his  payments  out 
of  the  same  before  the  Court  of  Probate  after  the  death  of  the  said 
Abigail  Hanniford.     [PassecZ  June  13 


[3d  Sess.]     Province  Laws  {Private  Acts).  —  1695-6.  13 


PRIVATE  ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twentieth  day  of  November,  A.  D.  1695. 


[No.  4.] 

AN  ACT  FOR  GRANTING  A  REVIEW  OF  A  CAUSE    TO    SAMUEL   LEWIS 
WM.  WEEKES  AND  THOMAS  BOWEMAN. 

Whereas  Samuel  Lewis,  AVilliam  Week's  and  Thomas  Boweman  of  ^"o  engross. 
Falmouth   in  the  County  of  Barnstable,    by  their   Petition  have  Set  From'thebiii.in 
forth,  that  thay  are  greatly  damnified  by  a  Suit  comenced  and  Judge-  xi'^^la^"'*^^^'^'*' 
ment  given  against  them  in  the  Superiour  Court  of  Judicature  holden  at  i'roviuce  Laws, 
Plymouth  within  the  County  of  Plymouth  upon  the  13'-^  day  of  March,  b^^^'^'f: 
1693,  for  one  hundred  thirty-one  pounds,  relating  to  a  certain  number  ixii  ,77,78. 
of  Whales  or  Cowfflsh  stranded  and  cast  on  shore  on  y?.  Northwest  of  of°M'?i'Ksac'hiT-'' 
y^  s^  Town  of  Falmouth,  and  the  blubber  and  oyle  of  the  s^  ffish  made  setts pvhit- 
and  produced ;    which  said  03'le  and  Blubber  was  taken  out  of  their  Records  of  the 
hands  by  virtue  of  a  warrant  from  S-  William  Phips  K?  late  Govern^  Gov. and  Com- 

•\       •  1      •      1       f      \  •      1  •      -HIT    'i  '     T^         •  1^  I  pany  of  Mass. 

and  vice  admiral  of  this  his  JMaj"^^^  Province  on  w.    s-  warrant  they  Bay, ii. ,143; 
depended  to  justify  them  against  s^  Suite  and  neglected  to  bring  Evi-  "f  the'coiony 
dences  more  imediatly  concerning  the  s*?  Fish  ;  and  therefore  brought  of  New  piym-^ 
a  review  of  the  s*?  Judgem-  unto  the  Superiour  Court  of  Judicature  edV.  pp-'sefs^,* 
holden  at  Bristol  the  2^  day  of  September,  1694,  where  their  Evidences  ExecuaVe^Rec- 
were   rejected,  the   witnesses  not  appearing  in  Court  to  testify  viva  ordsoftiie 
voce^  altho  Sworn  before  one  of  his  Maj'^'?  Justices  of  the  Peace, and  Suffolk  Court"^' 
brought  into  Court  Sealed  up;  the  Law  &  Practice  of  the  Courts  in  Files, 29S9. 
that  respect  under  the  former  Governm!  of  the  late  Colony  of  Plymouth  i.liog^-l.cifaps'. 
being  pleaded  and  improved  ag?  them  to  bar  their  Evidences  ;  so  that  ]:-^^'ll^''"^' 
they  are  now  Stop't  any  further  course  at  comon  Law  for  their  Releife, 
and  grievously  complain  they  are  likely  to  be  utterly  ruined  &,  undone  ; 
unless  Remedy  be  provided  for  them  by  some  Act  of  this  Court ;  which 
they  humbly  Pray.     To  the  intent  therefore  that  there  be  no  failure  or 
want  of  Justice,  and  that  occasion  for  any  Complaint  of  want  of  the 
same  may  be  removed  and  taken  away. 

Be  it  Enacted  by  the  L\  Govt.  Council  and  Representatives  in  General 
Court  assembled  and  by  the  Autliority  of  the  same, 

That  it  shall  and  may  be  lawful  to  and  for  the  s*^  Samuel  Lewis, 
William  Weeks  and  Thomas  Boweman  to  have  a  new  hearing  of  the  s'? 
cause  at  the  next  Superiour  Court  of  Judicature  to  be  holden  at  Ply- 
mouth aforesaid,  by  action  of  review  auy  Law  or  custom  to  the  contrary 
notwithstanding ;  And  that  Execution  upon  the  former  Judgem^  be 
stay'd,  until  after  the  s^  Tryal  by  review  or  the  End  of  y?  next  Superior 
Court  of  Judicature  to  be  holden  at  Plymouth.     \_Passed  December  6. 


14  Province  Laws  {Private  Acts) .  — 1695-6.     [No.  5.] 


[No.  5.] 


AN  ACT  TO  ENABLE  JOHN  CAREY  LATE  OF  LONDON  NOW  OF  BRISTOL 
IN  THE  COUNTY  OF  BRISTOL  MERCHANT  TO  REVIEW  A  CAUSE  TRYED 
AT  THE  LAST  SUPERIOUR  COURT  OF  JUDICATURE  HOLDEN  AT  BOSTON 
WITHIN  THE  COUNTY  OF  SUFFOLKE,  INTER  RICHARD  CHAUNCEY  OF 
LONDON  MERCHT  AND  THE  SAID  JOHN  CAREY.  ^ . 

No  engross-  Whereas  the  s*?  John  Carey  by  his  Pet''';"  has  set  forth,  That  he   is 

From  the  bill,  in  greatly  wrongecl  aud  damnified  by  a  Verdict  and  Judgem^  given  against 
Mass^Archives,  j^j^^j  jjj  ^]^g  ^^^^  Superioiu"  Court  of  Judicature  liolden  at  Boston  afores^ 
Province  Laws,  for  the  Sum  of  £225.  4.  4^.  Sterl.  m?  of  Engl'^  and  costs  of  Court,  at 
M^^s^Archi  s  ^^®  Suit  of  Richard  Chauncey  of  London  Merchant,  For  that,  to  wit, 
xi.,  331, 332.  '  He  the  s'?  Carey  had  before  satisfyed  the  debt  then  Sued  for,  as  appears 
luSswriiec-  by  an  Autheutick  Copy  of  a  Petition  preferred  by  his  (the  Pet^i)  Cred- 
ords  of  the  Su-  itoi's  Under  their  hands  (of  which  the  said  Chauncey  was  one)  unto 
jiidTcatmef  °  the  R-  Hon'''''  S-  John  Somers  Lord  Keeper,  attested  under  the  hand 
1686-1700,  pp.  and  Seal  of  office  of  a  Sworn  Notary  wherein  it  is  so  declared ;  As 
inceLaws,!.,  also  in  a  SuperSedeas  under  the  great  Seal  of  England  (grounded 
1695-61  chap'.  3^-'  ^V^^  ^hc  s"?  Pet"?")  uuto  a  Comission  of  Bankrupt  before  granted 
1701-2^  chap.  6 '  against  him  the  said  Carey  ;  both  in  Court  then  produced;  by  virtue 
an  no  e.  whereof  Judgem^  had  been  rendred  for  the  s-'  Carey  on  tryal  of  the 

same  Cause  at  two  seual  Courts  before  ;  abd  were  then  judged  suffi- 
cient in  Law  to  Evidence  Satisfaction  given  for  the  said  debt,  most  of 
the  Justices  at  the  last  Tryal  being  of  the  same  Opinion ;  And  the  said 
cause  haveing  now  past  thro,  the  course  of  the  comon  Law,  And  there 
being  no  Court  of  Chauncery  here  open,  he  is  left  without  releife  ; 
unless  Remedy  be  provided  for  him  by  some  Special  act  of  this  high 
and  Hono''!'^  Court ;  which  he  humbly  Prays  for.  To  the  Intent  there- 
fore that  there  be  no  failure  or  want  of  Justice,  or  ground  for  Com- 
plaint in  that  respect 

Be  it  Enacted  by  the  Li  Govern"^.  Council  &  Representatives  in  General 
Court  assembled  and  by  the  Authority  of  the  same 

That  it  shall  and  may  be  lawful  to  and  for  the  s*^  John  Carey  to 
have  a  new  hearing  of  the  s*?  cause  by  action  of  Review  before  the 
next  Superiour  Court  of  Judicature  to  be  holden  at  Boston  within 
the  s'?  County  of  Suffolke  any  Law  or  custom  to  the  contrary 
notwithstanding. 

And  that  Ju?  Maxwell  &  Rob-  Maxwell  attourney'  to  the  s'?  Richard 
Chauncey  and  who  prosecuted  the  Suit  in  his  behalfe,  be  liable  to  be 
Served  with  Process  to  answer  the  s'?  action  of  Review,  as  by  act  of 
•  this  Court  is  provided  in  case  of  the  Principals  absence  upon  Strang" 
Comenceing  Suit  ag-  Freeholders  or  Setled  Inhabitants  ;  *  and  such 
process  duely  Served  shall  be  held  effectual  in  Law  to  bring  on  the  s*^ 
Tryal  the  s'/  Attornys  also  to  respond  &  Satisfy  such  Sum  &  Sums 
of  money  as  shall  be  recovered  upon  the  s*^  Review  with  the  costs 
arising  thereon,  and  Execution  to  be  accordingly  granted  \_Passed 
December  12. 

*  Province  Laws,  voL  I.,  1695-6,  chapter  12,  §  3. 


PRIVATE   ACT, 

Passed    1696. 


[15] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Eighteenth  day  of  November,  A.  D.  1696. 


[No.  6.] 

AN  ACT  TO  ENABLE  LYDIA  MOORE  RELICT  AND  SOLE  ADMINISTRA- 
TRIX OF  THE  ESTATE  OF  JOHN  MOORE  LATE  OF  BOSTON  TAILER 
DECED  INTESTATE,  TO  SELL  THE  RIGHT  AND  PRIVILEDGE  OF  THE 
SAID  JOHN  MOORE  IN  A  PASSAGE  WAY  LYING  AT  THE  NORTH  END 
OF  THE  SAID  TOWN  OF  BOSTON. 

Whereas  upon  the  enlargement  and  addition  made  unto  the  North  F|om  t^^e  en- 
Meeting  House  in  Boston,  the  s*?  Edifice  was  erected  upon  a  passage  imVnUass. 
way  of  about  twelve  foot  wide,  formerly  laid  out  betwixt  the  s-'  Meet-  ^^rchives,  cxxi., 
inghouse  as  it  stood  before  the  said  Addition  and  enlargement,  and  I'rovmce  Laws, 
the  pasture  ground  of  Major  Thomas  Clarke  In  which  s*?  way  the  said  ^'^^'^-^o*^- 
John  Moore  had  a  right  and  priviledge  as  an  accomodacon  unto  his  xvi.,521.  "New 
Dwelling  house  adjoyning._  ot^C-TJu 

And  ivhereas  for  the  avoiding  of  trouble  and  contest  about  the  same,  3i,  pp.  12+,  les, 
the  Trustees  for  the  said  Building  have  treated  about  purchasing  of  o"d  office,  Lo'n- 
the  right  and  priviledge  of  the  said  John  Moore  and  his  heirs  of,  in  '''^"-    '"I'lade 

1     P     ,■,  .,  ill  -TTTTir  -r-.!',    papers  (Jour- 

and  to  the  said  passage   way.      And   the   said   Lydia  Moore  Relict  nais),"  vol.  12. 
Widow  &  sole  Administratrix  of  the  Estate  of  the  s"?  John  Moore  f^-eSofflcel'" 
having  made  application  to  be  impowred  to  agree  for  and  make  sale  of  London.   Suf. 
the  right  and  priviledge  of  her  said  late  Husband  and  his  heirs  in  the  Deedsf fib.  ie,° 
8*?  passage  way.  May  it  be  Enacted  foi.4io,4ii. 

And  he  it  Enacted  by  the  Lieutenant  Governour  Council  and  Repre- 
sentatives in  General  Court  assembled.  And  by  the  authority  of  the 
same 

That  the  right,  interest,  use  and  priviledge  of  the  said  John  Moore 
and  of  his  heires  of,  in  and  unto  the  beforesaid  passage  way  be  and 
hereby  is  fully  vested  «fe  setled  in  the  said  Lydia  Moore  and  her  heires, 
upon  Trust  that  the  said  Lydia  Moore  or  her  heires  shall  forthwith  sell 
the  same  to  the  most  profit,  benefit  &  advantage  that  she  can,  the  neat 
proceed  whereof,  (Charges  being  subducted)  shall  be  carried  to  the 
Credit  of  the  Estate  of  the  s?  John  Moore,  and  be  accounted  for  by  the 
said  Administratrix  in  the  Accompt  of  her  Administration.  Which  Sale 
so  to  be  made  by  the  s*^  Lydia  Moore  or  her  heires  and  the  Deed  or 
Deeds  to  be  executed  for  the  same  shall  be  good  and  effectual  in  Law 
to  the  purchaser.  Any  Law,  usage  or  Custom  to  the  contrary  not- 
withstanding.    \^Passed  December  10. 

[17] 


PRIVATE    ACT, 

Passed    1697. 


[19] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirteenth  day  of  October,  A.D.  1697. 


[No.  7.] 

AN  ACT  TO  ENABLE  BENJAMIN  ALLIN  OF  REHOBOTH  AND  HOPESTIL 
HIS  WIFE  TO  HAVE  A  REHEARING  AT  THE  NEXT  COURT  OF  ASSIZE 
AND  GENERAL  GOALE  DELIVERY  TO  BE  HELD  AT  BRISTOL,  OF  A 
JUDGEMENT  OR  SENTENCE  GIVEN  AGAINST  THE  SAID  HOPESTIL  BY 
THE  COURT  OF  QUARTER  SESSIONS  HELD  AT  BRISTOL  AFORESAID 
THE    13Tn  DAY  OF  APRIL  1697. 

Whereas   Benjamia  Allin  of   Rehoboth  in  the   County  of  Bristol  From  the  en- 
within  this  Province  Husbandman  and  Hopestil  his  Wife  by  their  peti-  Bm  Xmuss. 
tion  and  Complaint  preferred  unto  this  Court  have  set  forth  that  they  ^g'^'^''^®^'  ^'•' 
are  agrieved  and  as  they  apprehend  greatly  wronged  and  injured  by  a  Provmce  Laws, 
Judgement  or  Sentence  of  the  Court  of  Quarter  Sessions  of  the  peace  iV^^^''^"?; 
holden  at  Bristol  for  the  s*?  County  the  thirteenth  day  of  April  last  xi, 476, 477, 482! 
past,   where  the  s'?  Hopestil  by  the  name  of  Hopestil  Leonard  alias  couj.t^F\fe°g^'^ 
Allin  was  by  the  s-'  Court  declared  to  be  legally  convicted  of  ffornica-  37-28,3836.  kec- 
tion,  and  ordered  to  pay  a  ffine  of  fflfty  shillings  unto  his  Ma'?,  or  be  perfor  Court  of 
publickly  whipt  with  ten  stripes,  pay  the  charge  of  prosecution,  and  j686'T7oo^''' 
stand  committed  till  s"^  Sentence  be  performed,  of  which  Offence  the  s*?  ns.   "New 
Complainants  say  the  s''  Hopestil  was  not  presented  nor  is  she  guilty,  of^Trade  "ToL 
But  by  the  s'?  Sentence  her  money  is  taken  unduely  from  her,  and  her  si,  p.  165,'  in 
name  and  posterity  stained,  praying  to  be  relieved  by  some  Act  of  this  office!  London.. 

Court.  "  Trade  papers 

Upon  due  Consideration  whereof,  and  to  the  intent  that  all  his  Ma'?'  vol.  12,  p.  362, in 
Subjects  may  have  Justice  equally  and  impartially  administred  unto  office!  London, 
them  and  grievances  be  redressed. 

Be  it  Enacted  by  the  Lieutenant  Governour  Council  and  Mepresenta- 
tives  in  General  Conrt  assembled,  And  by  the  authority  of  the  same 

That  the  s'?  Benjamin  Allin  and  Hopestil  his  Wife  shall  and  hereby 
have  liberty  granted  them  to  have  a  rehearing  of  the  s"?  Case  at  the 
next  Court  of  Assize  and  General  Goale  delivery  to  be  holden  at 
Bristol  afores"?  for  the  Countys  of  Bristol  Plimouth  Barnstable  and 
Dukes  County  in  manner  as  if  the  same  had  come  before  the  s''  Court 
by  way  of  Appeal  the  s"?  Complainants  to  assigne  the  Errors  in  the  pro- 
ceedings and  sentence  of  the  s'?  Court  of  Quarter  Sessions,  in  writing 
under  their  hands,  and  to  file  the  same  with  the  Clerk  of  the  peace 
within  the  s"?  County  of  Bristol  fourteen  days  before  tlie  sitting  of  the 
Court  of  Assize  and  General  Goal  delivery  within  the  same.  And  the 
s"?  Court  of  Assize  and  General  Goale  Delivery  are  hereby  ordered  and 
fully  impowred  to  receive  and  hear  the  s'?  Cause,  and  upon  due  and 
full  hearing  to  proceed  to  give  Judgement  therein  according  to  Law, 
doing  therein  tliat  which  to  Justice  appertaineth  —  any  Law,  Usage  or 
Custome  to  the  contrary  notwithstanding.     \^Passed  October  30. 

[•21] 


PRIVATE   ACTS, 

Passed    1698. 


[23] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  day  of  May,  A.  D.  1698. 


[No.  8.] 

AN  ACT  TO  ENABLE  WILLIAM  PEABODY  JUN«  OF  LITTLE  COMPTON 
IN  THE  COUNTY  OF  BRISTOL  TO  HAVE  A  NEW  TRYAL  OF  A  CAUSE 
BETWEEN  HIM  AND  MAJOR  BENJAMIN  CHURCH  OF  BRISTOL  IN  THE 
S?  COUNTY  OF  BRISTOL,  AT  HIS  MA"P  SUPERIOUR  COURT  OF  JUDI- 
CATURE TO  BE  HOLDEN  AT  BRISTOL  ON  THE  SECOND  TUESDAY  OF 
SEPTEMBER  1698. 

AYhereas  the  s'^  William  Peabocly  JimF  by  his  Petitiou  hath  prayed  ^rom  the  en- 
That  he  may  be  enabled  by  an  Act  of  this  Court  to  have  a  new  hearing  mih^M-les. 
and  Tryal  of  a  Case  tryed  at  the  Inferiour  Court  of  Common  Pleas  ^rchives,  xi., 
holden   at  Bristol  aforesaid  on  the  second  Tuesday  of  April  1696.  Copyin  Suffolk 
between  the  aboveuamed  Benjamin  Church  plaintiff,  on  Review,  and  37°27|  9th  paper 
the  s^  William  Peabody  Defendant,  where  Judgement  was  given  for  Proviuce  Laws^ 
the  said  Benjamin  Church  to  recover  of  the  petitioner  possession  of  a  Matf 'Archiv  s 
certain  Lott  of  eleven  acres  of  Land  called  the  Twenty  seventh  Lott,  siv.,245.  But-' 
lying  situate  in  Little  Compton  aforesaid,  from  which  Judgement  of  Fiies^sra?.  Rec- 
the  s'-'  Inferiour  Court  the  s'-  William  Peabody  (by  his  ffather  William  ordsoftheSu- 

T>„„i,„,i„  „.K„    „.„„    „.i„,:*<-„,i    k;„      \  4-^. ;1   ^H"i-( i.x     1     -,         ,       peiior  Comtof 


Peabody  who  was  admitted  his  Attourney  in  s*?  Court)  appealed  unto  judicatine, 


of  s'^  Appeal  which  he  rested  upon  as  sufficient.     But  the  Superiour  I'liWic  Record 
Court  would  not  allow  the  Case  to  be  heard,  granting  a  Nonsuit  for  ••  Trade  papers' 
that  the  Petitioner  did  not  appear  by  himselfe  or  his  Attourney  law-  vori-""'^362  • 
fully  authorized  by  writing  under  his  hand.     Upon  which  the  s*?  Ben-  PubiicRecord 
jamin  Church  took  out  a  Writt  of  Facias  haberi  possessionem^  and  has  pfovhiJe^Laws', 
thereby  ousted  the  Petitioner  of  the  said  Land  whereto  he  saith  he  ■  •  1692-3,  chap! 
hath  a  just  and  honest  right  and  title  but  is  now  debarred  from  any  chap.  9,'§§^ii,' 
further  proceedings  in  the  Law  for  the  recovery  thereof — Wherefore  Jha^'^r/e^'^' 
that  there  be  no  failure  of  Justice.  1701-2,  chap.  7^ 

Be  it  Declared  and  Enacted  by  the  Lieutenant  Governour,  Council  ltatnte",''chap. 
and  Representatives  in  General  Court  assembled.     And  by  the  authority  '^'^^>  §-"^- 
of  the  same. 

That  the  s"?  William  Peabody  Juuf  be  and  hereby  is  admitted  to 
have  a  new  hearing  of  the  afores"?  Cause  at  the  Superiour  Court  of 
Judicature  to  be  holden  at  Bristol  afores'?  on  the  second  Tuesday  of 
September  next  ensueing.  Provided  he  cause  Summons  to  be  served 
on  the  before  named  Benjamin  Church  at  least  fourteen  days  before 
the  sitting  of  s*^  Court,  to  appear  at  the  same  to  defend  the  said  Suit 
Which  Summons  the  Clerk  of  the  said  Superiour  Court  is  hereby 
impowred  and  directed  to  grant  and  issue  forth, 

[2.5] 


26  Vrovinge  Laws  (Private  Acts).  — 1Q98.      [No.  8.] 

Provided  also  That  the  s^  William  Peabody  Jiiu!"  do  lay  before  the  s"? 
Superiour  Court  the  Record  and  process  of  the  whole  Case  as  it  lay 
before  s'?  Inferiour  Court  of  Pleas  held  on  the  second  Tuesday  of  April 
1696,  together  with  the  Reasons  exhibited  for  the  aforementioned 
Appeal, 

And  the  s"?  Superiour  Court  of  Judicature  upon  due  Consideration 
and  Tryal  of  the  s'?  Case,  and  of  any  further  Evidence  produced  by 
either  party  relating  unto  the  same  are  hereby  directed  and  required  to 
do  that  which  to  Justice  appertaineth  according  to  Law.  And  to  give 
Judgement  and  award  Execution  therein.  Any  Law,  Usage  or  Cus- 
tom to  the  contrary  notwithstanding.     \_Fassed  June  1-3. 


[2d  fejESS.]     Province  IjA\\^  {Private  Acts).  —  1698.  27 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fifteenth  day  of  November,  A.D.  1698. 


[No.  9.] 

AN  ACT  TO  ENABLE  ANN  JONES  WIDOW,  RELICT  AND  ADMINISTRATRIX 
OF  THE  ESTATE  OF  DAVID  JONES  LATE  OF  DORCHESTER  WITHIN  THE 
COUNTY  OF  SUFFOLKE  CORDWAINER  DECEASED,  TO  MAKE  SALE  OF  A 
HOUSE  AND  LAND  BELONGING  TO  THE  SAID  ESTATE,  FOR  THE  BENE- 
FIT OF  HERSELFE  AND  SON. 

Whereas  Ann  Jones  Relict  Widow  and  Administratrix  of  the  Estate  From  the  en- 
of  David  Jones  late  of  Dorchester  within  the  County  of  Suffolke  Cord-  IXi^Mase 
wainer  deceased  by  her  petition  to  this  Court  hath  set  forth  That  her  Archives,  xvii,, 
said  late  husband  David  Jones  dyed  seized  of  a  House  with  a  parcel  i-r'ovince  Laws, 
of  Land  thereto  belonging,  containing  about  an  acre  and  halfe,  scitu-  ^•'  ^^^'  ^°^^- 
ate  in  Dorchester  aforesaid,  as  also  left  one  son  now  about  nine  years  Inf°^i876^°sut 
of  age,  and  that  since  y"  decease  of  her  s''  husband  the  s'?  House  is  fal'n  folk  Registry  of 
much  into  decay,  so  that  no  person  will  hire  the  same  and  she  not  hav-  foif492,493;iib. 
ing  wherewith  to  repair  s*^  House,  to  make  it  tenantable,  hath  prayed  »Ve°vEn^i 
to  be  impowred  to  make  sale  thereof  for  the  benefit  of  herselfe  and  Board  of 
son.  and  the  Court  having  been  certified  of  the  truth  of  the  matter  set  p.'i65l''i'n^PubHc 
forth  in  the  said  petition  are  pleased  that  it  be  Enacted  Record  Office, 

And  be  it  Enacted  by  the  Lieutenant  Gove7'nour,  Council  and  Repre-  "  Trade'papers 
sentatives  in  General  Court  assembled  And  by  the  authority  of  the  same  {,''^°"™"''*3C  ■ 

That  the  beforenamed  Ann  Jones  be,  and  she  is  hereby  fully  author-  Public' Record 
ized  and  impowred  to  bargain  for,  dispose  and  make  sale  of  the  af ores'*  Office,  London. 
House  and  Land,  with  the  assistance  of  Samuel  Topliffe  of  Dorchester 
aforesaid  yeoman  for  treating  and  agreeing  about  the  price,  and  to 
ratify  &  confirme  such  bargain  and  sale  so  to  be  made  by  sealing, 
executing  and  acknowledging  a  good  and  sufficient  Deed,  Conveyance 
and  assureance  in  the  Law  for  the  same  unto  the  Vendee  his  heirs  and 
assignes  for  ever  in  flee.  The  purchase  Consideration  to  be  paid  for 
the  same  to  be  divided  betwixt  the  s'^  Widow  and  Child  in  equal  halves, 
and  the  s*'  Ann  to  give  good  security  unto  the  Judge  of  Probate  within 
the  s*^  County  of  Suffolke  for  paying  of  the  moiety  or  halfe  part 
thereof  accrueing  to  y^  Minor,  unto  him,  when  he  shall  attain  the 
age  of  Twenty  one  years  and  she  to  have  and  receive  the  profits  and 
improvements  that  shall  be  made  of  the  same  for  the  education  of  the 
s^  Minor,  until  he  be  of  sufficient  age  to  be  put  forth  an  apprentice, 
and  freed  of  charge  to  his  Mother.     [^Passed  December  2. 


PRIVATE    ACTS, 

Passed    1699-1700. 


[29] 


PRIVATE   ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirty-First  day  of  May,  A.D.  1699. 


[:n'o.  10.] 

AN  ACT  TO  ENABLE  SAMUEL  SEARLE  SON  OF  DANIEL  SEARLE  FOR- 
MERLY OF  THE  ISLAND  OF  BARBADOS  ESQ^  DECED  AND  JONATHAN 
TYNG  ESQ?  SON  AND  HEIR  OF  EDWARD  TYNG  ESQ^  DECED  TO  SELL 
A  HOUSE  AND  LAND  IN  BOSTON. 

"Whereas  the  said  Daniel  Searle  not  only  for  and  in  Consideration  From  the  en- 
of  the  great  love  and  affection  that  he  bore  to  Deliverance  his  lawful  I'm  iTnas's. 
wedded  wife,  Daughter  of  the  sf  Edward  Tyng,  and  to  the  s*^  Samuel  Archives,  xviu, 
Searle  his  son,  begotten  of  the  body  of  the  said  Deliverance,  but  also  province  Laws, 
in  consideration  of  a  considerable  portion  of  money  received  in  mar-  ^•'  '^^'''  "°t'^- 
riage  with  the  s'^  Deliverance,  Did  in  and  by  a  certain  Deed  or  Instru-  ^ir/li'ly!^''*' 
ment  by  him  duely  executed  bearing  date  the  Twenty  sixth  day  of  Suffolk  Regis- 
August,  which  was  in  the  year  of  our  Lord  one  thousand  sis  hundred  iib.  5,  foirioi, 
sixty  nine,  give,  grant,  bargain,  sell,  enfeoff  and  confirme  unto  the  33.7'333.'fi'/°9o 
s*^  Edward  Tyng  his  heirs  and  assignes  all  that  piece  or  parcel  of  ground  for.'ooi-Vji." 
with  a  large  wharfe,  together  with  all  Houses,  edifices,  structures  and  Bi^ird^f"^^^"'^' 
buildings  in  and  about  or  upon  the  same  built  or  to  be  built  by  the  '^''"'.'e,"  vol.  32, 
s*?  Daniel,  or  in  any  wise  thereto  belonging,  situate  lying  and  being  in  Kecorc/offlceV'^ 
the  Town  of  Boston  afores^  near  ffort  hill  purchased  by  the  said  Daniel  a °e"8°GeneaTo"<' 
of  one  Gridlcy,  and  all  other  the  Houses  and  Lands  of  the  said  Daniel  icai  Dictionary, 
Searle  in  New  England.     To  have  and  to  Hold  the  said  piece  or  par-  NewEug^Hist. 
eel  of  Land  and  all  and  singular  the  premisses  with  the  rents,  issues  and  Gen.  Reg., 
and  profits  thereof  to  the  s**  Edward  Tyng  his  heirs  and  assignes  for 
ever.     Bat  to  and  for  the  sole  and  proper  use  benefit  and  behoofe  of 
the  said  Deliverance  for  and  during  her  natural  life,  and  after  her 
decease  to  the  s**  Samuel  and  the  right  heirs  of  his  body  begotten  for 
ever,  and  in  default  of  such  Issue  to  the  right  heii's  of  the  body  of  the 
said  Daniel  begotten  for  ever. 

And  whereas  the  edifices  buildings  and  structures  upon  the  said  piece 
of  Land  granted  unto  the  s*^  Edward  Tyng  in  Trust  as  afores"?  as  also 
the  wharfe  thereunto  belonging  are  greatly  fallen  to  decay  and  part 
thereof  already  tumbled  down,  and  likely  to  be  utterly  ruined  and 
spoyled,  and  the  s'*  Samuel  hath  not  wherewith  to  repair  the  same. 
So  that  the  said  Land,  wharfe  and  premisses  have  not  been  nor  are 
they  of  any  benefit  or  advantage  to  the  s*^  Samuel,  whereby  the  end, 
design  &  intentions  of  the  s^  Daniel  Searle  in  granting  the  same  as 
aforesaid  are  wholy  frustrated  and  defeated  and  tlie  said  Samuel  Searle 
instead  of  receiving  profits  out  of  the  s*^  Estate  for  his  education  and 
comfortable  subsistance  is  for  want  thereof  become  indebted  upwards 
of  one  hundred  pounds  for  his  education  and  is  unable  to  pay  the  same 

[31] 


32  Province  Laws  (Private  Acts).  — lQd9-17 00.     [No.  lO.J 

without  the  sale  of  the  said  Land  and  premisses,  which  he  cannot  do 
without  the  especial  act  of  this  Court,  by  reason  of  the  Entail  and  Lim- 
itation in  the  said  Deed. 

And  forasmuch  as  the  sale  of  the  said  Land  and  premisses  is  abso- 
lutely necessary  both  for  the  preservation  of  the  wharfe,  edifices  and 
structures  thereunto  belonging  and  appertaining,  as  for  the  better  and 
more  comfortable  subsistance  of  the  said  Sauuiel  Searle 

Be  it  therefore  Enacted  by  the  Governour,  Comicil  and  Bepresenta- 
tives,  convened  in  General  Assembly^  And  it  is  hereby  Enacted  by  the 
authority  of  the  same  — 

That  the  s^  Jonathan  Tyng  and  Samuel  Searle  be  and  are  hereby 
fully  authorized,  impowred  and  enabled  to  make  sale  of  the  said 
Wharfe,  Lauds,  Houses  and  premisses  for  valueable  Consideration  to 
any  person  or  persons  whatsoever,  and  to  their  heirs  and  assigns  for 
ever  in  ffee  simple  or  ffee  tayle,  and  to  signe,  scale  and  execute  such 
Conveyance  and  Conveyances  assureance  and  assureances  in  the  Law 
as  such  person  or  persons  shall  be  advised  to  by  their  Council  knowing 
in  the  Laws.  And  that  such  Conveyance  and  Conveyances  assureance 
and  assureances  shall  be  good,  sufficient  and  available  in  the  Law 
against  the  heirs  in  tayle  of  the  said  Samuel  Searle  to  all  intents  and 
purposes  according  to  the  true  intent  and  meaning  of  the  same  Con- 
veyances and  assureances.  And  as  well  the  heirs  of  the  said  Samuel 
Searle  as  the  heirs  of  the  aforenamed  Daniel  Searle  EsqT  are  hereby 
debarred  &  excluded  from  all  right,  title  and  interest  in  and  to  the 
said  Wharfe,  houses  Lauds  and  premisses  and  every  part  thereof  as  if 
the  said  Deed  of  Entail  to  the  s-^  Edward  Tyng  in  Trust  had  never 
been  made,  and  from  all  right,  title  and  interest  in  and  to  the  s^  prem- 
isses or  any  part  thereof,  which  by  any  other  ways  or  means  whatso- 
ever to  them  or  either  of  them  might  in  any  wise  have  accrued 

Provided  nevertheless, 

And  be  it  farther  Enacted  by  the  cmthority  aforesaid 

That  all  the  remainder  and  residue  of  the  moneys  produced  and  ob- 
tained by  sale  of  the  said  Wharfe,  Houses,  Lands  and  premisses  and  every 
part  thereof  over  and  above  the  sum  of  one  hundred  and  fifty  pounds 
(which  sum  of  one  hundred  and  fifty  pounds  is  hereby  granted  unto 
the  said  Samuel  Searle  to  enable  him  to  defrey  the  charge  of  his  Edu- 
cation) shall  be  vested  and  laid  out  by  the  s*^  Samuel  Searle  and  Jona- 
than Tyng  for  the  purchase  of  some  other  Lands  or  Tenements  within 
this  Province,  to  be  granted  and  setled  to  the  same  use  and  uses,  and 
under  the  same  limitations  as  the  said  Wharfe,  Houses  Lands  and 
premisses  afores"^  are  setled  and  limited  in  and  by  the  aforerecited 
Deed  of  Trust  made  unto  the  s''  Edward  Tyng.     [^Passed  July  14. 


[2d  Sess.J      Frovlnge  Lxws  (Private  Acts) .  —  1699-1700.  33 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirteenth  day  of  March,  A.  D.  1699-1700. 


[No.  11.] 

AN  ACT  TO  IMPOWER  JOAN  PAPILLIO  TO  SELL  TWO  TEN  ACRE  LOTTS 
BELONGING  TO  THE  ESTATE  OF  PETER  PAPILLIO  LATE  OF  BRISTOL 
DECED. 

"Whereas  It  hath  been  represented  to  this  Court  by  the  Petition  of  From  the  en- 
Joan  Papillio  Widow,  Relict  of  Peter  Papillio  late  of  Bristol  within  Bin  in  Mass. 
this  Province  deceased  Intestate,  That  she  the  s''  Joan  is  reduced  to  Archives,  xvu., 
great  streights  and  difficulties  to  procure  necessary  subsistance  for  her-  Province  Laws, 
selfe  and  several  small  children,  by  reason  that  the  greatest  part  of  the  ^r^^^' \rc^\ves 
Estate  left  by  her  late  husband  consists  of  Houses  and  Lands  which  iiiVei.^si;  xyu.' 
cannot  be  improved  by  being  let  out,  nor  can  the  s*^  Joan  with  her  uve  lieconfrof' 
Children  subsist,  unless  part  of  the  Lands  af ores'?  may  be  sold.  theCouncu.vu., 

Be  it  therefore  Enacted  and  Ordained  by  his  Excellency  the  G^ov- E'ugUind,  Board 
ernour,  Council  and  Representatives  in  General  Court  assembled,  and  by  °^  ^"j^^o'ig?'' 
the  authority  of  the  same  It  is  Enacted  281,  in' Public' 

That  the  s*^  Joan  Papillio  shall  and  may,  with  the  advice  and  con-  Londom^^ris- 
sent  of  M"'  Ebenezer  Brenton  and  Deacon  John  Carey  of  Bristol,  make  toi  Registry  of 
sale  of  two  ten  acre  Lots  belonging  to  the  Estate  of  Peter  Papillio  xorti^ern  Dis- 
afores*?  deceased,  lying  in  Bristol  afores'?  And  the  s*^  Joan  with  the  *"°*^3':l55)^  ^' 
advice  and  consent  of  the  s*?  M"!  Ebenezer  Brenton  and  Deacon  John 
Carey  is  hereby  authorized  and  impowred  to  make,  scale  and  execute 
in  due  forme  of  Law  Deeds  and  Conveyances  of  two  ten  acre  Lots 
which  she  shall  sell  with  the  advice  and  consent  of  the  before  named 
persons,  which  Instruments  shall  make  a  good  Title  to  the  purchaser, 
his  heirs  &  assigns  for  ever,  any  Law,  usage  or  Custom  to  the  contrary 
notwithstanding. 

And  it  is  further  Enacted 

That  the  abovenamed  M""  Ebenezer  Brenton  and  Deacon  John  Carey 
shall  be  and  are  hereby  appointed  as  Overseers  to  see  that  the  money 
for  which  the  two  ten  acre  Lots  afores^  shall  be  sold,  shall  be  improved 
for  the  maintainance  of  the  said  Joan  and  the  Children  of  the  afores^ 
Peter  Papillio  deceased,  and  not  for  any  other  use.  [Passed  March 
23,  1699-1700. 


PRIVATE    ACTS 

Passed    1700-1, 


[35J 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston 
ON  THE  Twelfth  day  of  February,  A.D.  i  700-1. 


[No.  12.] 

AN  ACT  TO  ENABLE  THOMAS  CORAM  OF  BOSTON  SHIPWRIGHT  TO 
PROSECUTE  THE  APPEALS  BY  HIM  MADE  FROM  .SEVERAL  JUDGE- 
MENTS GIVEN  AGAINST  HIM  IN  THE  INFERIOUR  COURT  OF  COM- 
MON PLEAS  HOLDEN  AT  BRISTOL  ON  THE  SECOND  TUESDAY  OF 
JANUARY  1700,  AT  THE  NEXT  SUPERIOUR  COURT  TO  BE  HELD  FOR 
THE  COUNTY  OF  BRISTOL,r-^. 

Whereas  Thomas  Coram  of  Boston,  sometimes  residing  at  Taunton  Prom  the  en- 
within  this  Province  Shipwright,  by  his  humble  petition  hath  set  forth,  f/iu  in"lpass. 
That  at  an  luferiour  Court  of  Common  pleas  held  at  Bristol  on  the  Archives,  xi , 
second  Tuesday   of  January  last  past,  he  commenced  an  Action  of  pToVince  Laws, 
Covenant  against  Peter  Walker  of  Taunton  afores"?  Husbandman,  for  *•.  ^j-*.  note. 
not  timely  drawing  all  the  Timber  and  wooden  materials  to  be  used  noo-i,^hapr72! 
about  a  certain  Ship  building  in  his  s'?  Corams  yard  at  s'^  Taunton,  for  ^^^^l-r^'Ti^^'^s. 
the  compleat  building,  launching  and  finishing  thereof  according  to  LegisiativeRec- 
Articles  under  the  s'?  Walkers  hand  and  seal;  In  which  Action  the.s^  round/vfi 
Defendant  obtained  a  Verdict  and  Judgement  to  recover  Costs  :  And  155,  les.'  Su'f- 
That  at  the  s'^  Inferiour  Court  he  the  s'?  Coram  brought  also  an  Action  5S95,^647i'fiS' 
of  the  Case  against  Eleazer  Walker  of  Taunton  afores*^  Yeoman,  for  21739.   LeiHng- 
that  the  s'-'  Walker  had  molested  him  s'?  Coram  from  cutting  and  carry-  of  mss.,  eaie- 
ing  away  into  his  yard.  Timber  for  the  building  of  a  certain  Ship  then  3i3^^°5^25l ''^*°^' 
upon  the  stocks,  for  which  Timber  he  had  agreed  with  s'?  Walker ;  In  Win'siow-Lewis 
which   Action   the  said  Defendant  likewise  obtained  a   Verdict   and  Mslfin'cabinet 
Judgement  to  recover  Costs  :  And  That  at  the  same  Court,  the  above-  SV^.'^e^^^^l^s- 
named  Peter  Walker  brought  an  Action  of  Debt  against  him  the  s^  Records  of  the' 
Thomas  Coram  to  recover  five  hundred  pounds  upon  an  Arbitration  of"judi°atii'ie"^ 
Bond  for  not  performing  the  award  of  Eliakim  Hutchinson  and  Nathan-  i686-i7oo,_pp.' 
iel  Byfield  Esq7  &  Cap'  Andrew  Belcher ;  In  which  Action  the  s?  Peter  nU,  pp.  52-54, 
Walker  obtained  a  Verdict  for  five  hundred  pounds,  the  forfeiture  of  {?•  ^'^•5- , '' ^"'^^^ 

111TT  iT  /.!•  Ti  Euglaud,  Board 

the  s-  Bond,  and  had  Judgement  entred  up  for  him  accordnigly  :  of  Trade  "vol. 

And  also,  That  at  the  same  Court,  the  s'?  Eleazer  Walker  brought  a  Puifiic^Reoord 
like  Action  of  Debt  against  him  the  s'-  Coram  upon  another  Bond,  and  Office, London. 
therein  obtained  a  like  Verdict  and  Judgement.     And  in  the  s*?  peti-  commour'ieas: 
tion  hath  further  set  forth  That  in  all  the  s'-^  Actions  he  the  s'?  Coram  coimiy  His?''' 
appealed  to  the  next  Superiour  Court  to  be  held  for  that  County,  and  soc.  coii  ,No. 
paid  the  Clerk  for  entring  of  the  same,  and  also  brought  some  persons  cai'iy^ie'if  Fi^d- 
to  be  his  Sureties  for  the  prosecution  of  his  Appeals,  But  the  Court  e^ick  the  Great, 
refusing  to  accept  of  them  he  went  immediately  to  find  others,  and  ^°"'^^^''^  •*''• 
brought  them,  but  the  Court  was  then  adjourned  without  day,  for  which 
reason  the  Judges   refused  to  take  Bond   for  his  prosecuting  his  s^ 

[37] 


38  Province  Laws  {Private  Acts).  —  1700-1.     [No.  12. j 

Appeals,  80  that  on  the  very  next  day  after  the  Jury  gave  in  their 
Verdicts  in  the  several  Causes  afors'?,  Executions  issued  against  him 
the  s"?  Coram  for  the  s*?  two  sums  of  five  hundred  pounds,  which  Exe- 
cutions are  levied  on  two  new  Ships  in  his  the  s*?  Corams  yard  at 
Taunton,  and  other  Estate  of  his,  worth  together  above  Twenty  one 
hundred  pounds ;  although  the  sums  awarded  by  the  aforenamed 
Arbitrators  to  be  paid  by  him  s'?  Coram,  were  but  Thirty  three  pounds, 
eight  shillings  to  the  s*^  Peter  Walker,  and  eight  pounds,  twelve  shil- 
lings, and  two  yards  and  three  quarters  of  Cloth  to  the  s-  Eleazer 
Walker. 

And  whereas  the  s''  Thomas  Coram  complains  That  by  reason  of  the 
proceedings  of  the  Justices  of  the  afores*^  Inferiour  Court  of  Common 
pleas  in  not  chancering  his  afores'^  Bonds  in  the  entring  up  Judgement 
thereupon,  to  the  just  debt  and  damages,  and  in  not  takeing  his  Bonds 
for  prosecuting  his  s'^  Appeals,  which  upon  his  claim  thereof,  were 
allowed  to  him  whilst  the  s'?  Court  was  sitting,  before  the  adjournment 
thereof  without  day  as  afores'?  and  also  by  reason  of  the  Executions 
issued  upon  the  s*?  Judgements  and  levied  as  afores*?  he  is  greatly 
injured  and  oppressed,  and  an  extream  &  intolerable  damage  is  occa- 
sioned unto  him  in  his  being  hiudred  from  proceeding  to  finish  the  s^ 
Ships  :  And  hath  therefore  prayed  that  by  some  special  Act  of  this 
Court  such  provision  may  be  made  as  may  be  for  the  relief  of  him  the 
s^  Coram  against  the  intolerable  injury  and  oppression  which  he  saith 
he  lyeth  under  by  reason  of  the  Judgements  and  Executions  aforesaid. 

Be  it  therefore  Enacted  by  the  Lieutenant  Goveryiour^  Council  & 
Representatives  in  General  Court  assembled,  and  it  is  hereby  Enacted  by 
the  authority  of  the  same 

That  the  s^  Thomas  Coram  shall  be  and  is  hereby  enabled  to  have  a 
new  Hearing  and  Tryal  of  the  several  Causes  before  mentioned  at  the 
next  Superiour  Court  of  Judicature,  Court  of  Assize  &  General  Goal 
Delivery  to  be  holden  at  Bristol  afores"?  for  the  County  of  Bristol,  in 
the  manner  of  an  Appeal.  So  as  he  give  sufficient  Security  before  one 
or  more  of  the  Justices  of  the  s"?  Superiour  Court,  attended  with  the 
Clerk  thereof,  to  prosecute  his  appeal  in  the  s'-  several  Causes  at  the 
afores'^  Superiour  Court  of  Judicature,  Court  of  assize  and  General 
Goale  Delivery,  with  effect,  as  the  Law  directs,  and  to  satisfy  all  such 
costs  and  damages  as  upon  the  Trj'^al  of  the  s^  respective  appeals  shall 
be  awarded  against  him. 

And  the  s^  Superiour  Court  is  hereby  impowred  and  required  to 
admit  of  the  s*^  Appeals  accordingly  and  upon  hearing  and  Tryal  of 
them  to  give  Judgement  therein,  and  to  do  that  which  to  Justice 
doth  appertain.  Any  Law,  usage  or  Custom  to  the  contrary  notwith- 
standing. 

Arid  it  is  further  Enacted  by  the  authority  afores'^. 

That  the  several  Executions  granted  and  issued  on  the  several  Judge- 
ments afores*^  and  every  of  them,  and  the  levying  and  service  of  the 
same,  and  all  the  proceedings  had  thereon  or  by  virtue  thereof,  be,  and 
are  hereby  vacated,  and  declared  to  be  null,  void  and  of  none  effect. 
And  that  the  Ships  and  all  other  Goods  and  Estate  whatsoever  levied 
and  taken  by  the  s^  Executions  or  any  of  them  be  returned  and  restored 
to  the  said  Thomas  Coram  in  the  same  place,  order  and  good  condition, 
in  which  they  were  levied  and  taken.  And  the  Sheriffe  or  his  Deputy 
that  levied  the  same  and  all  others  whom  it  doth  or  may  concern  are 
hereby  commanded  and  required,  upon  sight  of  a  Certificate  from  the 
Clerk  of  the  s''  Superiour  Court  of  Judicature  that  the  s"?  Thomas  Coram 
hath  given  security  for  prosecuting  his  said  appeals  in  manner  as  afore- 
said, to  restore  and  deliver  unto  the  s'?  Thomas  Coram,  the  s*^  Ships 
&  all  other  Goods  «&  Estate  levied  and  taken  by  the  s-  Executions  or 


[2d  Sess.'J     Province  Laws  {Private  Acts)   — 1700-1. 

any  of  them,  according  to  the  true  intent  &  meaning  of  this  Act,  in 
manner  &  condition  as  is  before  expressed,  at  their  peril,  and  this  Act 
shall  be  to  the  s''  Sheriffe  or  his  Deputy,  and  all  others  whom  it  doth 
or  may  coucerne,  a  sufficient  Warrant  for  restoring  and  delivering  of 
the  same  accordingly.  _ 

And  in  case  of  refusing  to  restore  &  deliver  such  Ships  Goods  or 
Estate  as  af  ores'^'  the  s'?  Thomas  Coram  shall  be  and  is  enabled  by  virtue 
of  this  Act  to  bring  an  action  or  actions  of  Trespass  against  the  person 
or  persons  so  refusing  to  yield  obedience  thereto,  and  to  recover  all 
just  damages.     [Passed  March  12,  1700-1. 


39 


40  Province  Laws  {Private  Acts) .  — 1700-1.     [No.  13.] 


[No.  13.] 


AN  ACT  ENABLING  JOHN  BURNABY  OF  BOSTON  MERCHANT  TO  HAVE 
A  TRYAL  OF  HIS  APPEAL  FROM  THE  JUDGEMENT  OF  PENN  TOWN- 
SEND  ESQR  ONE  OF  HIS  MAtys  JUSTICES  OF  THE  PEACE,  AT  THE 
NEXT  COURT  OF  GENERAL  SESSIONS  OF  THE  PEACE  TO  BE  HOLDEN 
AT  BOSTON  FOR  THE   COUNTY  OF  SUFFOLKE. 

^rossment^"'  Whereas  Johu  Bumaby  of  Boston  in   the   Province  afores'?  Mer- 

Biii  ill  Mass.       chant,  by  his  humble  petition  hath  set  forth,  That  at  the  prosecution 
e^s!'"'''^*' ^^■'     of   Samuel  Lillie  of   s'?  Boston  Merchant,  he  was   convented   on  the 
Province  Laws,  Twenty  eighth  day  of  December  last  past  before  Penn  Townsend  Esq! 
Mass  .'Archives   ^^^^  ^^  ^^^  Majesties  Justices  of  the  peace,  for  saying  unto  said  Lillie 
xi ,  66i.   Leg-  '  in  the  s^  Burnabys  own  Warehouse,  That  the  said  Lillie  told  a  notorious 
onii'e  Counci'u^  ^i^'  ^"^^  ^^  would  provc  it ;  being  exasperated  to  express  himselfe  in 
o'V^'^*];-'^'!?"  A   such  words  by  abusive  discourse  he  then  received  from  the  said  Lillie  : 
B^atd  of"^  ^^  '  And  that  the  said  Justice  Townsend,  by  his  Judgement  given  upon  the 
p.T^u'n^AVbTk!  ^''^   prosecution,  having   declared   the  s*?   John   Burnaby  convicted   of 
Record  Office,     makeing  or  publishing  a  Lie  to  the  defamation  of  the  s-'  Samuel  Lillie, 
and  fined  the  s'?  Burnaby  for  the  same,  he  appealed  from  the  s*^  Judge- 
ment to  the  (then)  next  Court  of  General  Sessions  of  the  peace  to  be 
holden  at  Boston  afores'?  for  the  County  of  Suffolke,  but  through  mis- 
take directed  his  Reasons  of  Appeal  to  the   next  Inferiour  Court  of 
Judicature,  by  means  of   which  mis-direction  the  Court   rejected   his 
Reasons  of  Appeal,  so  that  thereby,  to  his  unspeakable  grief,  he  lost 
the  benefit  of  the  Law  :  And  hath  therefore  prayed  That,  inasmuch  as 
the  cause  of  his  prosecution  as  af ores'?  being  only  frivolous  and  no  ways 
injurious  to  the  prosecutor,  but  a  great  disrepute  and  scandal  to  him 
the  s''  petitioner  to  have  the  afores^  Record  of  the  s'^  Justice  Townsend 
remain  against  him,  he  might  have  remedy  by  some  Act  of  this  Court, 
enabling  him  to  file  new  Reasons  of  Appeal  in  the  premisses,  and  to 
have  the  same  heard. 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour^  Council  and 
Representatives  in  General  Court  assembled^  and  by  the  authority  of  the 
same, 

That  the  s?  John  Burnaby  shall  be  and  is  hereby  enabled  and  im- 
powred  to  have  a  new  Tryal  of  his  Case  aforesaid,  at  the  Court  of 
General  Sessions  of  the  peace  to  be  holden  at  Boston  afores'?  for  the 
County  of  Suffolke  afores?  on  the  first  Tuesday  in  April  next,  in  the 
manner  of  an  appeal ;  provided  he  timely  file  the  Reasons  of  his  Appeal 
according  to  the  directions  of  the  Law  in  such  case. 

And  the  s?  Court  of  General  Sessions  of  the  peace  are  hereby  im- 
powred  and  required  to  accept  and  admit  of  the  s':^  John  Burnabys 
appeal  accordingly,  and  upon  a  full  hearing  and  consideration  thereof 
to  give  Judgement  therein,  and  to  do  that  which  to  Justice  doth  apper- 
tain according  to  Law. 

Any  Law  usage  or  Custom  to  the  contrary  notwithstanding.  \_Passed 
March  12,  170U-1. 


PRIVATE   ACTS 

Passed    1702. 


Ri] 


PRIVATE     ACTS 

Passed  at  the  Session  begun  and  held  at  Cam- 
bridge, ON  the  Fifteenth  day  of  October,  A.  D. 
1702. 


[No.  14.] 

AN  ACT  TO  ENABLE  SAMUEL  SEWALL  ESQ?  AND  HANNAH  HIS  WIFE, 
TO  SETTLE  CERTAIN  LANDS  AT  MUDDY  RIVER  IN  THE  COUNTY  OF 
SUFFOLKE  UPON  SAMUEL  SEWALL  THEIR  ELDEST  SON. 

Whereas  by  an  Agreement  bearing  date  the  twelfth  day  of  March  ^ro^ml^nt'^" 
In  the  3'ear  of  our  Lord  God  one  thousand  six  hundred  eighty  three  /4  Biii  hi  MasK. 
made  between  Judith  Hull  Relict  Widow  of  John  Hull  late  of  Boston  .^go':^'''''''  ^'''•• 
within  the  County  of  Suffolke  afores*?  Esqv  deceased  Intestate,  and  the  Province  Laws, 
si  Samuel  Sewall  Esq?  and  Hannah  his  si  Wife,  the  Daughter  and  heir  LUisiativeRee 
of  the  s''  John  Hull,  ffor  distribution  and  settlement  of  the  Estate  of  oidsof  the 
the  si  John  Hull  Esqf,  ratifyed  by  the  County  Court  of  Suffolke,  who  ss^'ss'i'sii; 
were  by  Law  then  impowrcd  to  divide  and  settle  the  Estates  of  Intes-  ^^^•.^■^;.,'*"^ 
tates,  Amongst  other  particulars  of  Estate  therein  mentioned,  there  is  Deeds?nb.i3,'' 
assigned  and  set  forth  unto  the  si  Samuel  and  Hannah  Sewall  for  term  l°\'^l^  m"''' 
of  life,  and  the  longer  liver  of  them,  certain  parcels  of  Land  lying  situ-  "Trade papers 
ate  in   Muddy  river  (a  Hamlet   of   the  Town  of   Boston  within   the  volioTi^Vo': 
County  aforesi)  commonly  cal'd  and  known  by  the  names  of  Brooklin,  yoi.  19,  p.  23s, 
Swampliu  &  Hogs-coat,  containing  about  three   hundred  acres  in  the  ord  Officc'Ion- 
whole,  of  value,  by  estimation  about  one  thousand  pounds;  and  the  0°";^ ^j^^^s'i -^ 
revertion   thereof   at   and   after  the   decease   of   the  si   Samuel   and  ii.jeo.'so!   SeV. 
Hannah,  unto  the  Children  of  the  s<^  Hannah  which  then  were,  and  Bo'ok!t"27S- 
whieh  she  might  further  have,  equally  divisable  between  them.  2si;  ii.,312, 

ubtd  ichereas  the  si  Lands  can  make  but  one  handsome  Seat  or  ^  *^'^" 
Living  with  suitable  accommodations,  the  partition  or  division  whereof 
would  prejudice  and  spoyle  the  same.  And  the  si  Samuel  and  Hannah 
Sewall  being  desirous  that  their  eldest  son  Samuel  Sewall  may  settle 
thereupon,  and  have  and  enjoy  the  whole  of  the  si  Lands  for  his  accomo- 
dation, pray  that  it  may  be  Enacted. 

And  be  it  accordingly  Enacted  by  his  Excellency  the  Governour,  Coun- 
cil and  Representatives  in  General  Court  assembled  and  by  the  author- 
ity of  the  same, 

That  the  si  Samuel  Sewall  Esq^  and  Hannah  his  si  wife,  be  and 
hereby  are  fully  impowred  to  grant,  convey  confirme  and  settle  to  and 
upon  their  s''  son  Samuel  Sewall  and  Rebecca  his  wife  all  the  afore- 
mentiouL'd  Lands  called  and  known  by  the  name  and  names  of  Brook- 
lin, Swamplin  and  Hogs-coat,  the  aforerecited  Agreement  of  settlement 
or  anything  therein  contained  to  the  contrary  in  any  wise  notwithstand- 
ing, and  to  seale  and  execute  a  good  and  sufficient  Deed  of  Conveyance 
to  them  for  such  Estate  therein  and  under  such  agreements,  Conditions 
and  Limitations  as  to  the  si  Samuel  &  Hannah  Sewall  shall  be  thought 

[43] 


44:  Province  Laws  ( Privaie  Acts) .  —  1702.      [No.   14.] 

fit  accordingly.  Always  Provided  That  the  s^  Samuel  Sewall  and 
Hannah  his  s?  wife  in  lieu  thereof  do  by  good  and  sufficient  Convey- 
ance in  the  Law  assigne  and  settle  other  Lands  and  Estate  to  and  for 
the  use  of  the  present  Children  of  the  s'}  Hannah  and  such  as  she  may 
further  have,  to  the  value  of  one  thousand  pounds,  to  the  satisfaction 
of  Isaac  Addington  and  John  Hathorne  Esq"^^  two  of  her  Ma*^^  Justices 
of  the  Superioar  Court  of  Judicature,  to  fall  in  division  among  the 
s?  Children  according  to  the  aforerecited  Act  of  settlement,  which  Deed 
and  Deeds  so  made  and  executed  shall  be  good  and  effectual  in  the 
Law  for  passing  the  Estate  therein  mentioned  accordingly.  \_Passed 
November  21 . 


[2d  Sess.]     Peovince  Laws  {Private  Acts).  —  1702.  45 


[:n"o.  15.] 

AN  ACT  IMPOWERING  PERSONS  TO  MAKE  SALE  OF  A  MESSUAGE  AND 
LANDS  IN  CAMBRIDGE  BELONGING  TO  THE  HEIRS  OF  NATHANIEL 
GOOKIN  CLERK  DECED  BEING  MINORS. 

Whereas  Nathaniel  Gookin  and  Hannah  Gookiu  the  Children  and  ^|o™  ^iie  en- 

heires  of  Nathaniel  Gookiu  late  of  Cambridge  within  the  County  of  i3iinii  Mass. 

Middlesex  Clerk  deceased  by  their  petition  to  this  Court  have  set  forth  ^'^rcbives,  xvn., 

That  their  said  ffather  at  his  decease  left  but  a  smal  personal  Estate  in  Province  Laws, 

the  hands  of  his  Widow  (now  also  deceased)  not  more  than  served  to  'V' ^*^^'A"°*f' 

iXi  T-  IT/.  .11        Mass.  Archives, 

support  her   and  the   sr  Orphans  during   her  life,  together  with   the  xiv.,288.   Leg- 
Income  of  a  Messuage  situate  in  Cambridge  containing  a  House  and  o^f^thrcouncif^ 
about  three  acres  of   Land  with  Wood  Lots  and  two  Cow  Commons,  vii_.,32s,  34i, 
which  is  now  the  whole  of   the  Estate  remaining,  and   the  Buildings  diesex  Registry 
thereon  consuming  the  whole  of  the  Rent  in  repairs,  being  likely  to  go  gQjJtj^gfn  ins 
wholy  to  decay,  also  the  Orchard  adjoyning,  before  they  shall  arrive  tHct,  book  i3, 
to  lawful   age  whereby  the  Estate  will  become  of   little  or  no  value :  "''xradepapers 
And  there  being  now  an  opportunity  to  sell  the  s?  Messuage  to  good  (Journals)," 
advantage  whereby  the  said  Orphans  may  have  something  for  their  sup-  vol!  19' |'.  238^111 
port  and  education,  they  have  prayed  that  some  meet  persons  may  be  oaJ^!''^  j^onjlj'' 
impowred  by  Act  of  this  Court  to  make  sale  thereof  on  their  behalfe.       ProviAce  Laws', 
Be  it  therefore  Enacted  by  his  Excellency  the  Governour,  Council  and  29 -"^ lele^'ch^ap'.' 
Representatives  in  Geyieral  Court  assembled,  and  by  the  authority  of  the  i'>.'§2;  ii.,  1727, 

'  ^  -J  ^     ■>  ehap.  5.    Laws 

same  and  Resolves  of 

That  Jonathan  Tyng  Esq?  and  Mr  Daniel  Gookin,  two  of  the  peti-  J|;d'^o7is90)"'' 
tioners  uncles,  be  and  hereby  are  fully  impowred  and  authorized  to  iis-t,  chap. 32, 
make    sale  of  the  Messuage  and  Land  abovementioned,  with  the    s?  Acts ,^182^"^^''' 
Woodlots  and  Cow  Comous  to  the  best  profit  and  advantage  of  the  chap,' 121.' 
s'?  Orphans  that  they  can,  and  to  pass  and  execute  a  good  and  sufficient 
Deed  of  Conveyance  in  the  Law  for  the  same.     The  purchase  Consid- 
eration therefore  to  be  paid,  or  moneys  produced  by  the  sale  thereof  to 
be  delivered  into  the  hands  of  the  Guardians  of  the  s?  Minors  to  be 
by  them  chosen  or  duely  appointed,  to  be  improved  for  their  use  &, 
advantage.     \_Passed  November  21. 


PRIVATE    ACT, 

Passed    1703—4. 


[47] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-sixth  day  of  May,  A.D.   1703.* 


[:N"o.  16.] 

AN   ACT   FOR   REVERSING   THE   ATTAINDER   OF   ABIGAIL  FAULKNER  & 

OTHERS. 

Whereas  Abigail  Faulkner,  wife  of  Francis  Faulkner  of  Audover  po8t,'So.26. 
in  the  County  of  Essex,  Sarah  Wardel  Wife  of  Samuel  Wardel  of  the  From  the  en- 
same  place,  Elizabeth  Procter  Wife  of  John  Procter  of  Salem  Village  prov4nc'e°Law8, 
within  the  said  County.  In  the  Court  of  Oyer  and  Terminer  and  Goal  i.,  541,  note. 
Delivery  holden  at  Salem  within  the  said  County  of  Essex  in  the  year  f ''chap^  3/note; 
One  Thousand  Six  hundred  ninety  two  were  arraigned  convicted  and  i694-5,chap.69; 
attainted  of  Felony  for  practising  Witchcraft,  who  have  now  humbly  leoT'chap^.'e^;  ' 
petitioned  this  Court,  That  the  said  Attainders  may  be  set  aside  and  noo-i,  chap.  40. 

1  '  ''  Mass.  Archives, 

mode  void.  —  Wherefore  xi.,  69;  xi..  264; 

be  it  Declared  &  Enacted  by  his  Excellency  the  Governour  Council  fative'RecoSs' 
and  Representatives  in  General  Court  Assembled,  and  by  the  authority  of  the  Council, 

J,   .J       ^  ^  -J  ^    vi.,  230.    Rec- 

OJ   t lie  same,  ordsoftheSu- 

That  the  said  Several  convictions,  Judgements  and  Attainders  of  the  ^Jf,^\° a^fre'^*  °^ 
said  Abigail  Faulkner,  Sarah  AVardel,  Elizabeth  Procter  and  every  of  '1686-1700,  p.  52. 
them  be,  and  are  repealed,  reversed,  made  and  declared  null  and  void  p,!ov\ncir/ *^^ 
to  all  intents,  constructions  and  purposes  whatsoever  ;  as  if  no  such  Council  of 
convictions,  Judgements  or  Attainders  had  ever  been  had  or  given.  i.f366?3CT.°'*' 
And  that  no  corruption  of   blood,  pains,  penalties  or  Forfeitures  of  goot"" vok^62^ 
Goods  or  Chattels  be  by  the  said  convictions  and  Attainders  or  any  p.  414,  in  Public 
of  them  incurred.  But  that  the  said  persons  and  every  of  them  be  and  LondonP^tats. 
hereby  are  reinstated  in  their  just  Credit  and  reputation —  ^f  ^'^"s'-^i^Fd 

Any  Law,  usage  or  custom  to  the  contrary  notwithstanding     \_Passed,  ^arf'  v'l.,  chap. 
July  27.  12;  5  Eiiz.. 

1  James  i  ,  chap.  12 ;  9  Geo.  ii.,  chap.  5.  Colonial  Laws  of  Massachusetts  (Whit- 
more's  ed.),  revision  of  1660,  p.  43,  art.  47.  Province  Laws,  i.,  1692-3,  chaps.  1, 
11,  19,  33,  40,  42,  45.  Leffiugwell  collection  of  MSS.,  sale-catalogue,  No.  3782. 
Mass.  Hist.  Soc.  Coll.,  v.,  61-79;  4th  series,  viii.,  285.  Proo.  Mass.  Hist.  Soc, 
xiii.,  110;  xx.,  144,  145;  2d  series,!.,  349,  e<  se^.  New  Eng.  Hist. and  Gen. Reg., 
xlv.,  233.  New  York  Hist.  Soc.  Coll.,  1869,  pp.  273-276.  Phil.  Trans.,  xxix., 
62,  et  seq.  Lit.  and  Hist.  Soc.  of  Quebec,  1831,  ii.,  313.  Sewall's  Diary,  i.,  236, 
367,370.  Sewall's  Letter-Book,  1.,  310.  Sermons:  Rules  for  the  Discovery  of  the 
Present  Times,  etc.,  by  Samuel  Willard;  The  Devils  Discovered,  by  Cotton 
Mather;  MS.  sermons  in  the  library  of  New  Eng.  Hist.-Gen.  Society.  Reginald 
Scot's  Discovery  of  Witchcraft  (1584).  Lambard's  Eirenarcha  (1610).  Mede's 
Apostacy  of  the  Latter  Times  (1642).  Wagstaffe's  Question  of  Witchcraft  De- 
bated, etc.  (1669).  Webster's  Displaying  of  Supposed  Witchcraft  (1677).  Glan- 
vil's  Sadducisiraus  Triumphatus  (1681).  Dalton's  Country  Justice.  Increase 
Mather's  Illustrious  Providences,  etc.;  Remarkable  Providences;  Order  of  the 
Gospel,  etc.;  Cases  of  Conscience  concerning  Witchcrafts ;  Further  Accounts  of 
the  Tryals,  etc.  Cotton  Mather's  Memorable  Providences  relating  to  Witch- 
crafts, etc.;  Late  Memorable  Providences,  etc.;  Enchantments  Encountered; 
Wonders  of  the  Invisible  World,  etc.  Caief's  More  Wonders  of  the  Invisible 
World.  Rev.  Samuel  Willard's  Some  Miscellany  Observations  on  our  present 
Debates  respecting  Witchcrafts,  etc.,  by  P.  E.  and  J.  A.  Gospel  Order  Re- 
w-ed,  etc.  Perkins's  Way  for  the  Discovery  of  Witches,  Lawson's  Narrative 
of  some  remarkable  passages  relating  to  the  afflicted  at  Salem  Village,  Sir 
Robert  Filmer's  Advertisement  to  the  Jurymen  of  England  touching  Witchcraft. 

*  Continued,  by  adjournment,  from  the  eighth  to  the  thirtieth  day  of  June,  and  then, 
hy  subsequent  adjournments,  to  the  eighth  of  Julv. 

[49] 


50  Province  Laws  (Private  ^c^.s). —  1703-4.      [No.  16.] 

Woodward's  Records  of  Salem  Witchcraft,  ii.,  214.  Goodell's  Further  Xotes  on  the  Hijstory  of 
Witchcraft  in  Mass  Moore's  Bibliographical  Notes  on  Witchcraft;  Final  Notes  on  Witchcraft. 
Upham's  History  of  Witchcraft,  etc  ,  ii.,  4H9.  Sprenger's  Das  Leben  und  die  Lehredes  Mohanimad. 
Bacon's  Works.  Seiden's  Table  Talk,  Works,  vi.,  2077.  Foss's  Biographia  Juridica.  Wood's 
Institutes.  Blackstone's  Commentaries.  Coke's  3d  Inst.,  chap.  6,  Douglass's  Summary,  i,  450. 
Barringlon's  Observations  on  the  Statutes,  p.  408.  Bremer's  Life  in  Dalecarlia.  Bergman's  Vart 
Land  och  Folk.  Fell's  Dosmoniacs  (1779).  Thomson's  History  of  the  Roval  Society.  Dr.  Pond's 
Mather  Family,  pp.  134,  13.i.  Mather's  F-ife  of  Cotton  Mather,  p  77.  Bond's  Genealogies  and 
History  of  Watertown.  Miller's  Description,  etc  ,  of  New  York,  1862,  p.  9  Memorial  History  of 
Boston,  ii  ,  147.  et  stcq  Hutchinson's  History  of  Mass.,  ii.,  13,  26.  Congrea.itional  Quarterly' for 
July,  1869,  pp.  4UU-416.    North  American  Keview,  vol.  108,  p.  392. 


PRIVATE    ACT, 

Passed    1704—5. 


[51] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston 
ON  THE  Twenty-fifth  day  of  October,  A.D.  1704. 


[No.  17.] 

AN  ACT  TO  ENABLE  SUSANNA  CODNER  (LATE  YOUNG)  SOLE  EXECU- 
TRIX OF  THE  LAST  WILL  &  TESTAMT  OF  WILLIAM  PARSONS  LATE 
OF  BOSTON  SLEY-MAKER  DECED,  TO  SELL  THE  HOUSE  &  LAND  OP 
THE    SV    WILLIAM   PARSONS   TO   PAY   HIS  JUST  DEBTS. 

"Whereas  the  above  named  William  Parsons  in  &  by  his  last  Will  &  ^!"°g"g,^'^f,t^'^" 
Testam!  bearing  date  the  third  day  of  December  1695,  Havelug  first  Biirui  Maes. 
Willed,  That  his  Funeral  charges  &  all  his  just  Debts  be  well  &  truely  Archives,  xvii., 
paid  by  his  Executrix  therein  named,  amongst  other  things   therein  Province  Laws, 
contained,  &  Legacies  by  him  given,  Did  give  and  bequeath  the  f^^ll  M^gt '.vrciiiv  s 
remainder  of  his  real  &  personal  Estate  whatsoever  it  is  or  whereso-  xvii., 121-124. 
ever  it  may  be  found,  unto  Susanna  Young  (now  Codner)  and  to  her  oi^dTof  the^^*^" 
Heires  of  her  body  lawfully  begotten  ;  And  if  She  and  her  Children  Council,  viii., 

•^  87    89    94*   xii 

(if  She  shall  have  any)  dye  without  issue  lawfully  begotten  ;  then  he  loi.   Suffolk  " 
gives  &  bequeaths  his  House  &  Land  in  Conduit  Street  near  the  Draw  ^6°5''''*g^^o'Jk ' 
bridge  in  Boston  unto  Naomy  Y'oung,  and  her  Heires  of  her  body  law-  Kegistry  of 
fully  begotten ;  And  Saith,  it  is  his  full  intent  &  meaning  that  this  his  fo^'^jsl-ll^'pr^v. 
s'-  house  &  Land  shall  never  be  given  away  nor  sold  by  them,  but  is  inceLaws.i., 

~  J  J  '  169'^ -3  chap  ''Q  • 

thereby  Intailed,  &  as  afores-  made  over  &  given  unto  his  near  rela-  i696.  chap.  10.  ' 
tions  &  kindred  of  his  own  blood  forever,  And  of  his  s^  Will  nomi-  |^o,!t°''^'^69.^" 
nated  &  appointed  the  s'-'  Susanna  Y'ouug  (now  Codner)  to  be  the  Sole  Savage's  Gen. 

TTvonufvi^  ealogical  Die- 

r^xecuLilX.  tiouary,  iinder 

And  whereas  the  s*?  Susanna  Codner  by  her  petition  hath  Set  forth,  Parsons. 
That  the  s'^  William  Parsons  at  the  time  of  his  Death  was  considerably 
indebted  to  Sundry  persons,  as  by  a  List  thereof  presented,  Amounts 
to  the  Sum  of  One  hundred  thirty  four  pounds,  two  shillings  &  Eleven 
pence,  and  the  Creditors  often  demand  the  same.  And  there  being  no 
way  to  discharge  the  s''  Debts  but  by  the  Sale  of  the  said  House  and 
Land,  hath  prayed  that  she  may  be  enabled  by  an  Act  of  this  Court  so 
to  do,  the  whole  personal  Instate  of  y-  deced  being  Apprized  at  the  value 
of  Six  pounds,  &  the  House  &  Land  Estimated  to  be  worth  about  Twa 
hundred  &  fifty  pounds X  — 

Be  it  therefore  Enacted  by  his  Ex :'"  the  Governour  Council  &  Repre- 
sentatives in  Geyieral  Court  Assembled^  &  by  the  Authority  of  the  same, 

That  the  s''  Susanna  Codner  as  Exec";"  afores*?  be  &  hereby  is  fully 
Authorized  &  impowred  to  dispose  &  make  Sale  of  the  s'-'  House  & 
Land,  to  Finable  her  by  the  produce  thereof  to  pay  &  Satisfy  the  just 
Debts  of  the  afores-'  Testator  &  further  to  perforine  his  Will,  And  to 
Execute  a  Sufficient  Deed  or  Instrum!  in  the  Law  for  the  passing  & 
conveying  of  the  same  to  the  Purchaser,  &  his  Heires  forever  as  a  good 
Estate  of  Inheritance  in  fee,  the  words  of  Litaile  in  the  Will  notwith- 
standingX  —  [Passed  November  17. 

[53] 


PRIVATE    ACT, 

Passed    1705—6. 


[55] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-fourth  day  of  October,  A.D.  1705. 


[:N'o.  18.] 

an  act  to  dissolve  a  judgemt  of  the  inferiour  court  of  com- 
mon pleas  within  the  county  of  essex.  in  the  case  of  eras- 
MUS  JAMES,    Vs  ROBERT   BARTLET   &   OTHERS 

Whereas  in  the  Record    &    Process,  and    also   in   the    giveing  of  J'°™,*^^f"- 
Judgement  and  Issueing  Execution  of  a  Suit,  which  was  before  her  ProViuce  Laws, 


05- 


Ma'P  Justices  of  the  Inferiour  Court  of  Common  Pleas  for  the  County  'j^'g^'^^j;." °'®j"-, 
of  Essex,  holden  at  Newbury,  on  the  last  Tuesday  of  September  1704.  e.diap.  fo;' 
commenced  by  Erasmus  James  of  Marblehead,  onely  Son  and  Sur-  ^i^ss^AJXyesi 
viving  heir  in  Law  of  Erasmus  James  late  of  Marblehead  within  the  xu,  sis,  819,822- 
County  of  Essex  afores"^  deced,  Plaintiff e  against  Robert  Bartlet  of  fAiL%u\e?- 
Marblehead  afores*?  and  others,  Defendants  in  a  Plea  of  Trespass  and  isiative  Records 

'  1  T    i  J       rni        of  the  Council, 

Ejectment,  Eriour  manifestly  doth  Appear  to  have  Intervened;   iue  viii ,  lei,  lee, 
said  Bartlet  &  Several  others  named  in  the  Writt  Appearing  to  Answer  es^^Jx  m^.^'^^'^' 
were  refused  to  be  received  as  Defendants,  and  yet  the  Judgem!  is  Court  of  Com- 
given  by  default,  And  afterwards  an  Appeal  denyed  them  upon  their  pi°g\  Records. 
Challenge  thereof,  and  Execution  notwithstanding  granted  and  Served,  |"if°'gg^'°"''* 
to  the  grievous  Damage  of  the  s'-'  Rob?  Bartlet  as  by  his  Complaint  and  Recolds  of  the 
Petition  for  redress  is  Set  forth,  being  without  Remedy  in  the  Ordinary  of'SJaun-r 
process  and  course  of  y-  CoiTion  Law.  1700-1714,  foi. 

Be  it  therefore  Declared  &  Enacted  by  his  Ex:'"  the  Governour,  Coun-  News-L^^ene", 
cil  and  Representatives  in  General  Court  Assembled,  and  by  the  Au-  i^'o.se. 
thority  of  the  same, 

That  the  Judgement  rendred  by  the  Justices  of  the  s'-'  Inferiour 
Court  of  Common  Pleas  in  the  Court  holden  as  afores'-'  against  the 
s*^  Robert  Bartlet  and  others,  at  the  Suit  of  the  s'-'  Erasmus  James  in 
the  Plea  afores'^^'  And  the  P^xecution  issued  thereupon  with  the  Service 
thereof  and  all  proceedings  had  relating  thereto  be  and  hereby  are 
Dissolved,  vacated  &  made  of  none  Effect^/  — 

And  be  it  further  Enacted  by  the  Authority  afores'': 

That  the  s'?  Robert  Bartlet,  be  and  hereby  is  restored  to  his  Right 
&  Possession  of  and  in  the  Land  whereof  he  is  Ousted  by  the  said 
Execution,  as  at  the  time  of  his  being  put  out  (and  no  otherwise) 
the  Levying  thereupon,  Record  of  the  said  Execution,  and  the  Return 
thereon  made  notwithstandiogX  — 

And  that  the  said  Erasmus  James  his  Right  at  Law  is  hereby  Saved 
to  proceed  against  all  or  any  of  the  persons  in  his  Writt  named,  on 
which  the  afores*^  Suit  was  brought ;  who  is  not  by  this  Act  precluded 
to  proceed  upon  the  same  Original  Writt,  if  he  thinke  fitX  —  [Passed 
November  16. 

[57] 


PRIVATE    ACTS, 

Passed    1706—7. 


[59] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-Ninth  day  of  May,  A.D.  1706. 


[^o.  19.] 

AN  ACT  FOR  IMPRISONING  WILLIAM  ROUSE,  SAMUEL  VETCH  JOHN 
BORLAND,  ROGER  LAWSON  EBENEZAR  COFFIN  &  JOHN  PHILLIPS 
JUN5. 

Whereas  The  Reprsentfitives  of  Her  Ma'^!'  Province  of  the  Massa-  Po.s<,No8.  20-25. 
chusetts  Bay  in  New  England  in  this  present  Session  of  the  General  From  the  en- 
Assembly  have  Impeached  William  Rouse  Mariner  Samuel  Vetch  Esqf  Bmin'Mas's. 
John  Borland  &  Roger  Lawsou  Merchants,  Ebenezar  Coffin  Mariner  Archives,  ixiii., 
and  John  Phillips  jun^  Mariner  for  Illegal  Trading  with  selling  to  and  Province  Laws, 
Supplying  of  the  french  and  Indians  at  Port  Royal  and  other  places  in  ^  ^"J^' °°gu' 
the  possession  of  the  Erench  Kings  Subjects  there  Inhabiting,  the  open  vii.,222, 287;    ' 
and  Declared  Enemy s  of  her  Ma*"  Government  &  Liege  People  in  this  9^\'o'i2*i3'^'i7' ' 
Province,  declaring  the  same  to  be  an  high  misdemeaner  and  greatly  26,29,32,33,46; 
to  the  hurt  and  damage  of  her  jMa'r"  Government  and  liege  People.  —  [Jiath-e  ReccTrds 

Now  to  the  End,  that  their  persons  may  be  Secured,  so  as  to  Answer  °fii*^903°'>06'^' 

and  be  Lyable  to  Justice  in  the  Great  &  General  Court  or  Assembly./ —  208,'209, 2f5, 218, 

Be  it  Enacted  by  his  Excellency  the  Govern":  by  &  with  the  Advice  and  I'xecuUve^iiec- 

Consent  of  the  Council  and  Representatives  in  Genercd  Court  Assembled,  onUofthe 

7  7      j7         4    J.1        •!         ^  ±1  Council,  h'.,  79, 

and  by  the  Authority  of  the  same,  —  125, 128. 226. 

That  the  s'-'  William  Rouse,  Samuel  Vetch  John  Borland  Roger  Law-  Boatd  o^^'"'"'*' 

son,  Ebenezar  Coffin  and  John  Phillips  shall  be  and  are  hereby  com-  Trade,"  voi.9, 

mitted  to  her  Ma'^'  Goal  in  Boston,  there  to  remain  in  Custody  without  R^cold'offi't^e"*^ 

Bail  or  Main-prize  until  the  end  of  the  next  Session  of  the  Great  and  Loudon,   stat. 

General  Court  or  Assembly,  unless  they  shall  Sooner  be  discharged  by  20";  Taud  4''^' 

his  Excellency,  by  the  Consent  of  the  Council  and  Representatives./  R"g°o1'vesX'96*' 

—  \_Passed  July  13.  ciiap.12;' 

1705-6,  chaps.  13, 15,  51,  91  ;_1706-7,  chaps.  11, 14-17,  20,  30,  38,  52.  Sewall's  Diarj-,  ii., 
215.  Sewall's  Letter-iiook,  i.,  333-336.  Mass.  Hist.  Soc.  Coll.,  2d  series,  viii.,  240- 
242;  5th  series,  vi.,  116*,  117*,  119*-122.*  Streater's  case,  5  State  Trials,  365; 
Styie,415;  ii..  Sid.,  179.  Ludlow's  Memoirs,  p.  321.  Pepys's  Diary,  Feb.  9,  1659- 
60.  i^'oss's  Biographica  Juridica  ;  1870,  «m6  worn.  Newdigate.  May's  Parlia- 
mentary Practice,  p.  79,  et  seij. 

[61] 


62 


Province  Laws  {Private  Acts).  —  1706-7.       [No.   20.] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Seventh  day  of  August,  A.D.   1706. 


[:N"o.  20.] 

AN   ACT   FOR   THE    PUNISHMENT   OF    SAMUEL  VETCH   ESQR    FOR    HIGH 

MISDEMEANOUR 

Ante,  No.  19.  Whereas  Several  Articles  of  High  misdemeanour  were  Exhibited  by 

the  pHvy^coun-  ^^^  House  of  Representatives,  and  Prosecuted  before  the  Great  and 
cii,  Sept.  24,       General  Court  or  Assemblv  of  Her  Mai'!''^  Province  of  the  Massachu- 

1707 

From  the  en-  sstts  Bay  iu  New  England  against  Samuel  Vetch  Esquire  That  is  to 
grossment.  say,  ffor  that  the  said  Samuel  Vetch,  In  Order  to  carry  on  an  Illegal 
Archh'esnxiii.,  Trade  with  the  ffreuch  Kings  Subjects  and  vasals,  the  Open  and 
55     .  Declared  Enemys  of   her  Majesties  Government  and  People    of   this 

i.,  600,  note.  '  Province,  some  time  in  or  about  the  Month  of  March  last  past  took  and 
Mass^.  Archives,  received  into  his  Custody,  at  Boston  within  this  Province,  on  board 
li',  15, 19,^37-40,  the  sloop  Fljnng  Horse,  whereof  One  Archibald  ffergusou  was  then 
45, 47-50, 62,63;  jyjr^g^py^  gmii^l^.y  Q-oods  and  Merchandize,  &  carryed  and  Transported 
343.  Legislative  the  Said  Goods  and  Merchandize  to  or  near  a  place  or  harbour  called 
Councfr,  viii.'^'^  Little  Cauccr,  aV  Little  Canso,  and  Divers  other  places  on  the  Coast  of 
225,2-27-'230,233- l^ova  Scotia  in  America,  at  present  Inhabited  by  the  ffrench  Kings 

240   '^43       !P\ 

ecu'ti've  Records  subjects,  and  there  Did  Openly  Treat  and  Trade  several  of  the  said 

9^  *^^.,CoMcii,   Qoods  &  Merchandizes  as  well,  with  the  said  ffrench  Kings  Subjects, 

•'isTew  England,  as  the  Indians  the  Open  and  Declared  Enemys  of  HerMaj''.'^^  Governm- 

Trade  '*•  toi  9    ^^^  Peoplc  of  this  Proviucc,  to  their  Great  advantage  and  Assistance 

Q-  ^y^^^,^f^f'  in  this  time  of  War/  — 

pp.  258 ,^349 ,"354,      And  Whereas  the  said  Articles  were  fully  proved  against  the  said 

390, 394  ;^in  Pub-  gamuel  Vetch  by  the  Oaths  of  several  Witnesses  upon  liis  Tryal  —  And 

Office,  i>ondon.  thereupon  the  said  Samuel  Vetcli  by  the  Judgment  of  the  said  General 

'('j^um!aiB)T'"^  Court  stands  Convicted  thereof  — 

vol.  13,  p.  123, in      Be  it  therefore  Enacted  by  His  Excellency  the  Governour  Coxmcil  & 

Office,  London.  Reiweseutatives  in  General  Court  Assembled  and  by  the  Authority  of 

Resolves,  1706-    4i,„  ^nmp 

7,  chaps.  45,  51,    '"'^  f^ailiU 

68,  68, 73, 78-82,      That  the  said  Samuel  Vetch  shall  forfeit  and  pay  the  sum  of  Two 

chapV.°9^5i'.       hundred  pounds  as  a  fine  to  her  Majesty,  to  and  for  the  Defence  and 

?^e wall's  Diary,  support  of  her  Maj'/' Government  within  this  her  Majesty's  Province, 

'      '        and  shall  further  pay  the  Cost  and  charge  of  Prosecution,  And  that  the 

said  Samuel  Vetch  stand  committed  to  Prison  until  the  said  fine  and 

charges  be  paid  into  her  Ma'y  Treasury  of  this  Province —  \_Passed 

September  3. 


[2d  Sess.]     Province  Laws  (P?'/yate^4c^s).  — 1706-7.  6ii 


[No.   21.] 

AN  ACT  FOR  THE  PUNISHMENT  OF  JOHN  BORLAND  MERCHANT  FOR 
HIGH  MISDEMEANOUR  — 

AVhereas  several  Articles  of  high  misdemeanour  were  Exhibited  by  Ante,:so.20. 
the  House  of  Rep'seutatives  and  prosecuted  before  the  Great  and  Gen-  Disallowed  by 
eral  Court  or  Assembly  of  her  Ma'P  Province  of  the  INIassachusetts  Bay  di!  SeS  24°"°' 
in  New  England,  against  John  Borland  of  Boston  Merch?  That  is  to  Say,  ^™'^- 
for  that  the  said  John  Borland  with  others,  Some  time  about  the  latter  ^ro™menf°" 
end  of  March  last  ])ast,  projected  a  Voyage  for  the  Sloop  flvino-  horse,  i^'"  "'  ^^^^s. 

1  c    \  4-1  'P  n-M  •     1      /-K  Z^  .c  T.      ^      \l  1  Archives,  Ixiii.^ 

wliereof  he  was  then  I  wo  ihu'ds  Owner,  to  go  from  Boston  to  a  place  65. 
called  Little-Cancer  harbour,  and  diverse  other  parts  and  places  on  the  /^' 6oo"h'o/'^^'*' 
Coast  of  Nova  Scotia  in  America,  there  to  cai-ry  on  a  Secret  and  Illegal  Mass.  Archives 
Trade  and  Commerce  with  the  Subjects  of  the  french  King,  as  well  as  \^"''/f,'  ^^-^i- 
the  Enemy  Indians  there  Inhabiting,  and  in  Order  thereto  the  s"?  John  Sllperio^Colu't 
Borland,  with  others,  on  the  Twenty  ninth  of  March  afores'-'  did  lade  noo-niTfoT' 
on  board  the  s'^  Sloop  Fl^ung  horse  one  Archibald  Ferguson  being  then  229, 230. 
Master,  a  Considerable   Cargoe  of  Goods  &  Merchandizes,  and  con- 
signed the  same  to  one  Samuel  Vetch,  In  Order  to  be  disposed  of  in  a 
way  of  Trade  and  commerce  with  the  french  Kings  Subjects,  Inhabit- 
ing the  Coast  of  Nova  Scotia  aforesaid,  and  sundry  of  the  said  Goods 
so  Ship'd  &  Ordered  were  afterwards  in  the  s'^  Voyage  sold  &  disposed 
of  by  the  s'-'  Samuel  Vetch  to  the  s'*  french  &  Indians,  the  open  & 
Declared  F^nemies  of  this  her  Ma*?'  Government  and  Liege  People  of 
this  Province,  to  the  great  Assistance  of  the  s'-'  french  &  Indians,  in 
this  time  of  War  — 

And  for  that  the  said  John  Borland  the  better  to  conceale  and  more 
privately  to  carry  on  this  P^vil  desigue  afores'^  Did  pretend  the  s'^  Sloop 
with  the  s'-'  Cargo  was  bound  a  Voyage  to  Newfoundland,  and  accord- 
ingly procured  the  Master  of  the  s''  Sloop  to  Signe  a  Bill  of  Lading  of 
the  said  Goods  for  Newfoundland,  and  gave  him  pretended  Orders  for 
that  place,  when  at  the  said  time  his  real  Orders  to  the  s'?  Master  were 
to  go  to  Nova  Scotia  afores'-'  and  there  to  carry  on  the  Illegal  Trade  and 
Commerce  afore  mentioned,  and  to  have  no  regard  to  his  pretended 
Orders  for  Newfoundland  — 

And  JVliereas  the  said  Articles  were  fully  proved  against  the  s''  John 
Borland  upon  his  Tryal,  and  thereupon  the  s'-'  John  Borland  stands  con- 
victed thereof  by  the  Judgement  of  the  said  General  Courts  — 

Be  it  therefore  Enacted  by  his  Excellency  the  Governoicr,  Council  and 
Representatives  in  Genercd  Court  Assembled,  and  by  the  Authority  of 
the  same, 

That  the  said  John  Borland  shall  forfeit  and  pay  the  Sum  of  Eleven 
hundred  pounds  as  a  fine  to  her  Majesty,  to  and  for  the  defence  and 
Support  of  her  Ma'"  Government  within  this  Her  Majestys  province  ; 
and  shall  further  pay  the  Cost  and  charge  of  Prosecution.  And  that 
the  said  John  Borland  stand  committed  to  Prison  until  the  said  fine  and 
charges  be  paid  into  her  Ma'y^  Treasury  of  this  Province  —  \^Passed 
September  3. 


64 


Pkovince  Laws  {Private  Acts).  —  170G-7.      [No.   22.] 


[ISTo.  22.] 


Ante,  No.  20. 
Disallowed  bj' 
the  privy  coun- 
cil, Sept.  24, 
,1707. 

From  the  eu- 
grossment. 
Bill  in  Mass. 
Archives,  Ixiii., 
63. 

Province  Laws, 
i.,  600,  note. 
Mass.  Archives, 
Ixiii.,  20,  42,  43. 
Sewall's  Diarv, 
i.,  252. 


AN   ACT  FOR   THE  PUNISHMt    OF   ROGER   LAWSOX   MERCHT  FOR    HIGH 

MISDEMEANOUR. 

Whereas  several  Articles  of  high  misdemeanour  were  Exhibited  by 
the  House  of  Rep-sentatives  and  prosecuted  before  the  Great  and  Gen- 
ei-al  Court  or  Assembly  of  Her  Ma'^'  Province  of  the  Massachusetts  Bay 
in  New  P^ngland,  against  Eoger  Lawson  of  Boston  Merchant,  That  is 
to  say,  for  tliat  the  s'?  Roger  Lawson  w'!'  others  Some  time  about  the 
latter  end  of  March  last  past  projected  a  Voyage  for  the  Sloop  flying 
horse  wliereof  he  was  then  One  Third  Owner  to  go  from  Boston  to  a 
place  called  Little-Cancer  harbour,  and  diverse  other  parts  and  places, 
on  the  Coast  of  Nova  Scotia  in  America,  there  to  carry  on  a  Secret  & 
Illegal  Trade  and  Commerce  with  the  Subjects  and  Vassals  of  the  french 
King  tliere  Inhabiting  And  in  Order  thereto  the  said  Roger  Lawsou 
with  others  on  the  Twenty  ninth  day  of  March  af ores'?  did  lade  on  board 
the  said  Sloop  flying  horse,  one  Archibald  Ferguson  being  then  Master, 
a  Considerable  Cargo  of  Goods  and  Merchandizes,  and  consigned  the 
Same  to  one  Samuel  Vetch,  In  Order  to  be  disposed  of  in  a  way  of  Trade 
and  Commerce  with  the  french  Kings  Subjects  Inhabiting  the  Coast  of 
Nova  Scotia  afores'?,  and  Sundry  of  the  s^  Goods  so  ship'd  and  Ordered 
were  afterwards  in  the  s*^  Voyage  sold  and  disposed  of  by  the  said 
Samuel  Vetch  to  the  said  french  &  Indians,  the  open  and  Declared 
Enemies  of  this  Her  Ma'P  Government  &  Liege  People  of  tliis  Province 
to  the  great  Assistance  of  the  s*?  f  rencii  &  Indians,  in  this  time  of  War. 

And  for  that  the  sai(\  Roger  Lawson  the  better  to  conceale  and  more 
privately  to  carry  on  this  Evil  Designe  afores*?  did  pretend  the  s"?  Sloop 
with  the  s'?  Cargo  was  bound  a  ^^oyage  to  Newfoundland,  and  accord- 
ingly procured  the  IMaster  of  the  s*?  Sloop  to  Signe  a  Bill  of  Ladeing  of 
the  s**  Goods  for  Newfoundland,  and  gave  him  pretended  Orders  for 
that  place,  when  at  the  said  time  his  real  Orders  to  the  s*?  Master  were 
to  go  to  Nova  .Scotia  afores"?  and  there  to  carry  on  the  Illegal  Trade  and 
Commerce  afore  mentioned,  and  to  have  no  regard  to  his  pretended 
Orders  for  Newfoundland. 

And  ivhereas  the  s*?  Articles  were  fully  proved  against  the  s'?  Roger 
Lawson  upon  his  Tryal,  and  tliereupon  the  s'?  Roger  Lawson  stands 
convicted  thereof  by  the  Judgement  of  the  s'?  General  Court.  — 

Be  it  therefore  Enacted  by  his  Excellency/  the  Governour,  Council  and 
Representatives  in  General  Court  Assembled^  and  by  the  Authority  of 
the  same, 

That  the  said  Roger  Lawson  shall  forfeit  and  pay  the  Sum  of  Three 
hundred  pounds  as  a  fine  to  her  Majesty,  To  and  for  the  defence  and 
support  of  her  Ma'?"^  Government  within  this  her  ]Ma'!^'^  Province,  and 
shall  further  pay  the  Cost  and  charge  of  Prosecution.  And  that  the  s'? 
Roger  Lawson  stand  committed  to  Prison,  until  the  said  Fine  and 
Charges  be  paid  into  her  Ma'^.'^  Treasury  of  this  Province  —  [Passed 
September  3. 


[2d  Sess.]     Province  Laws  {Private  Acts).  —  1706-7.  65 


[]Sro.  23.] 

AN  ACT  FOR  THE  PUNISHMENT  OF  WILLIAM  ROUSE  MARINER  LATE 
COMMANDER  OF  THE  SLOOP  ANNE  A  FLAGG  OF  TRUCE  IN  THE 
IMMEDIATE  SERVICE  OF  HER  MA^ys  GOVERNMT  OF  THIS  PROVINCE, 
FOR  HIGH  MISDEMEANOUR.— 

Whereas  several  Articles  of  high  misdemeanour  were  Exhibited  by  ^nte.  No.  20. 
the  House  of  Representatives,  and  prosecuted  before  the  Great  and  Gen-  Disallowed  by 
eral  Court  or  Assembly  of  her  Ma'^'  Province  of  the  Massachusetts  Bay  cii,  SepV.  24,' 
in  New  England,  against  William  Kouse  of  Charlestown  Mariner,  That  ^''^^' 
is  to  Sa}',  Eorthat  the  said  William  Rouse  haveing  a  Commission  from  grosrment! 
his  Excellency  the  Governour  of  this  her  Ma'^'.'  Province  to  Transport,  ?'",'"  ^^^^^•■■. 

r,i  /.  -r-»  ■  F      "'   Archives,  Ixiu., 

m  the  Sloop  Anne,  some  french  Prison?  to  Port  Royal,  and  to  return  64. 
to  Boston  again  with  such  P>nglish  Prisoners  as  he  should  there  receive,  i.76oo"note?^'^' 
and  being  entrusted  with  the  management  of  that  Affair,  and  arriveing  Mass.  Archives, 
with  the  aforesaid  Sloop  Anne  at  Port  Royal  aforesaid,  in  Possession  foikcmirt^"^ 
of  the  French  Kings  Subjects,  Some  time  in  the  month  of  May  last  ^'"'es.   Records 
past,  he  the  said  William  Rouse,  contrary  to  the  great  Trust  in  him  court  of'jmi'i"/ 
reposed.  Did  then  and  there  manage  and  very  openly  carry  on  an  Hie-  rJV'f'J'ogo 
gal  Trade  with  the  french  Kings  Subjects  there  Inhabiting,  and  did  233.' "New' 
deliver  to  and  left  with  the  french  Kings  Governour  of  Port  Royal  of"iS,"  voi^ 
afores^  and  other  of  the  french  Kings  Subjects,  the  open  dc  Declared  9,  q.  60,  in  Pub- 
Enemies  of  her  Ma'^.^  Government  and  Liege  People  of  this  Province,  omcel^London. 
then  and  there  Inhabiting,  sundry  Goods  &  Merchandize,  for  which  the  cha^g^lg' 8^7°' ' 
said   William   Rouse   received   of   the    french  Kings   Governour   and  Sewaii's  i^iaiy, 
Subjects,  in  Barter  and  Exchange,  Beaver,  Beaver  Stones  and  other  mstfloc^^Coii., 

Commodities  >/ 6th  series,  vi., 

As  also  for  that  the  s*?  William  Rouse  presumed  to  take  a  french  Pro-  -  '  '  * 
tection  or  Pass  by  Order  of  the  french  Governour  of  Port  Royal  afore- 
said for  a  Vessel  to  go  on  a  fishing  Voyage  upon  the  Coast  of  Nova 
Scotia  and  other  places  Adjacent  within  the  Limits  and  bounds  of  this 
her  Ma'?  Province.  And  did  make  use  of  the  s'?  Protection  or  Pass  for 
the  sloop  May  flower,  John  Phillips  Master,  in  the  s*?  Rouse  his  Imploy, 
the  better  to  cover  and  carry  on  a  false  and  Illegal  Trade  with  the 
french  &  Indian  Eneinys,  at  present  Inhabiting  in  those  parts,  with 
sundry  Goods  &  Merchandize,  which  the  s^  Rouse  did  load  or  cause  to 
be  Loaden  on  board  the  s*^  Sloop  Mayflower  for  that  Intent,  and  did 
privately  take  from  on  board  the  s"?  Sloop  May  flower  a  great  quantity 
of  Beaver  &  Beaver  Stones  which  the  said  Phillips  had  unlawfully 
Traded  for  or  bought  of  the  french  and  Indians,  and  brought  the  same 
home  to  Boston  And  did  also  put  on  board  the  s^  Phillips's  sloop  at 
Montinicus  Sundry  Goods  to  be  disposed  of  by  the  said  John  Phillips 
in  a  way  of  Trade  to  tlie  french  &  Indians  of  those  parts,  Enemys  as 
afores*?  to  their  great  Advantage  &  Assistance  in  this  time  of  War  — 

And  v-liereas  the  said  Articles  were  fully  proved  against  the  said 
William  Rouse  by  the  Oaths  of  several  Witnesses  upon  his  Tryal.  And 
thereupon  the  said  William  Rouse  by  the  Judgm^  of  the  said  General 
Court  Stands  convicted  thereof.  — ■ 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour^  Council  and 
Reif.sentatives  in  General  Court  assembled  and  by  the  Authority  of  the 
same 

That  the  said  William  Rouse  shall  forfeit  and  pa}'  the  Sum  of  Twelve 
hundred  pounds  as  a  fine  to  Her  Majesty,  To  and  for  the  Defence  and 


(j6  Province  Laws  (Privft/e  ^cte),  —  1706-7.      [No.   23.] 

Support  of  her  Ma'^'  Government  within  this  her  Ma*^'  Province  ;  and 
shall  further  pay  the  Cost  and  charge  of  prosecution,  and  shall  "stand 
committed  to  Prison  until  the  s"?  Fine  &  charges  be  paid  into  her  Ma'^' 
Treasury  of  this  Province  — / 

And  be  it  further-  Enacted 

That  the  s''  William  Rouse  be  and  hereby  is  made  uncapable  to  sus- 
tain any  Publick  Office  within  this  her  Majesty's  province;/ —  \^Passed 
Sejptember  3. 


[2d  Ses8.]      Provixce  hwvs  {Private  Acts).  —  J70G-7. 


67 


[]S"o.  24.] 


AN    ACT    FOR    THE    PUNLSHMT    OF    JOHN    PHILLIPS    JUN?     FOR    HIGH 

MISDEMEANOUR  - 

Whereas  several  Articles  of  high  misdemean''  were  Exhibited  by  the 
House  of  Representatives,  and  prosecuted  before  the  Great  and  General 
Court  or  Assembly  of  her  Ma'!'^  Province  of  the  Massachusetts  Bay  in 
New  England,  against  John  Phillips  jun''  of  Charlestown  Mariner,  That 
is  to  say  For  that  the  said  John  Phillips  jun-  some  time  in  the  month 
of  April  last  past,  projected  a  Voyage  to  S-  Johns,  Port  Eoyal  and 
other  places  in  Nova  Scotia,  there  to  carry  on  and  mannage  an  Illegal 
Trade  and  commerce,  as  well  with  the  french  Kings  Subjects,  as  the 
Eastern  Indians,  the  open  &  Declared  Enemies  of  her  Ma'^"  Governm? 
&  Liege  People  of  this  Province,  Inhabiting  those  parts,  and  in  Order 
thereunto  hired  the  sloop  JNIay  flower,  on  pretence  of  a  fishing  Voyage 
to  Cape  Sables,  and  put  on  board  the  s"?  sloop  several  Goods,  Wares 
and  Merchandize,  &  proceeded  his  Intended  Voyage  afores^  to  Mon- 
tinicus,  &  after  that  to  Panobscot  &  other  places  in  Nova  Scotia  afores^ 
and  then  and  there  disposed  of  many  of  the  Goods  and  Wares  afores^ 
unto  the  french  and  Indians  there  Inhabiting  in  a  way  of  Trade  and 
commerce,  &  had  in  Exchange  for  the  same  Skins,  Furs  &  other  things 
To  the  great  Advantage  &  Assistance  of  the  said  french  and  Indians  in 
this  time  of  War  — 

And  whereas  the  s^  Articles  were  fully  proved  against  the  s^  John 
Phillips  jun-,  by  the  Oaths  of  Several  Witnesses  upon  his  Tryal,  and 
thereupon  the  s"?  John  Phillips  by  the  Judgement  of  the  s'^  General 
Court  stands  convicted  thereof  — 

Be  it  therefore  Enacted  by  his  ExcellJ  the  Governour  Council  and 
Representatives  in  General  Court  Assembled  and  by  the  Authority  of  the 
Same 

That  the  said  John  Phillips  jun-  shall  forfeit  and  pay  the  Sum  of  One 
hundred  pounds  as  a  fine  to  her  Majesty.  To  and  for  the  Defence  and 
Support  of  her  Ma*?^  Government  within  this  her  Ma'7'  Province,  and 
shall  further  pay  the  Cost  and  charge  of  prosecution.  And  that  the  s^ 
John  Phillips  stand  committed  to  prison  nntil  the  s^  Fine  &  charges  be 
paid  into  her  Ma*^;'  Treasury  of  y?  Province     \_Passed  September  3. 


Ante,  No.  20, 
Uisallowed  by 
tlie  privy  coun- 
cil, iSept.  24, 
1707. 

From  the  en- 
groeetuent. 
Bill  in  Maes. 
Archives,  Ixiii., 
53,  64. 

Province  Laws, 
i.,  600,  note. 
Mass.  Archives, 
Ixiii.,  32.     Rec- 
ords of  the 
Superior  Couit 
of  Jiidicaliire, 
1700-1714,  fol. 
230,  233. 


68 


Province  Laws  (P/'«'«/e  ^4d.s-).  —  1706-7.      [No.   25.] 


Ante,  No.  20. 
Disallowed  by 
the  privy  coun- 
cil. Sept.  24, 
1707. 

From  the  en- 
grossment 
Bill  in  Mass. 
Archives,  Ixiii  , 
51,  52. 

Province  Laws, 
i  ,600,  note. 
Mass.  Archives, 
Ixiii.,  22,  24,34, 
61,  169.    Legis- 
lative Records 
of  the  Council, 
viii.,  234,  238. 
Records  of  the 
Superior  Court 
of  -Tudicature, 
1700-1714,  fol. 
230. 


[]S"o.  25.] 

AN    ACT    FOR    THE    PUNISHMENT    OF    EBENEZER    COFFIN    MARRINER 
FOR   HIGH  MISDEMEANOUR. 

Whereas  several  Articles  of  high  misdemeanour  were  Exhibited  by 
the  House  of  Representatives  and  Prosecuted  before  the  Great  and 
Cxeneral  Court  or  Assembly  of  Her  Maj''.*^*  Province  of  the  Massachu- 
setts Bay  in  New  England  against  Ebenezer  Coffin  of  the  Island  of 
Nantucket  Marriner  That  is  to  say  For  that  the  s'^  Ebenezer  Coffin 
being  at  Port  Royal  in  the  Mouth  of  May  last  past,  &  then  and  there 
put  in  Master  of  the  Briganteeu  Hope,  instead  of  comeing  to  Boston 
in  and  with  the  said  Briganteen,  as  his  Duty  was,  went  to  Sicha  uecdu 
Musketoe  point  &  other  places  on  the  Coast  of  Nova  Scotia,  Inhabited 
by  the  ffreuch  Kings  subjects  &  the  Eastern  Indians,  the  Open  & 
Declared  Enemy's  of  her  Maj*'."^  Government  &  People  of  this  Province, 
In  Order  to  treat  and  Trade  with  the  said  ftrench,  having  taken  into  the 
said  Briganteen  at  Port  Royall  afores'',  from  Captain  Rouse  out  of  the 
fflagg  of  Truce,  sundry  English  Goods  for  that  end  And  the  said 
Ebenezer  Coffin  being  with  the  said  Briganteeu  at  the  places  before- 
mentioned,  then  and  there  met  with  aeveral  of  the  ffrench  Kings  sub- 
jects, &  sold  &  Delivered  to  them  sundry  goods  and  Merchandizes,  for 
which  he  had  from  them  in  Exchange  Beaver  and  other  furrs,  to  the 
gi-eat  advantage  of  the  said  ffreuch  Kings  subjects  in  this  time  of 
War/— 

And  Whereas  the  said  Articles  were  fully  proved  against  the  s^ 
Ebenezer  Coffin  by  the  Oaths  of  Several  Witnesses  upon  his  Tryal ; 
And  thereupon  the  said  Ebenezer  Coffin  b}"  the  Judgment  of  the  s*? 
General  Court  stands  convicted  thereof  — 

Be  it  therefore  Enacted  by  his  Excellency  the  Govern"  Coimcil  &  Rep- 
resentatives in  General  Court  Assembled  &  by  the  Authority  of  the  same 

That  the  said  Ebenezer  Coffin  shall  forfeit  &  pay  the  Sum  of  ffifty 
pounds,  as  a  fine  to  her  majesty,  to  &  for  y''  Defence  and  support  of 
her  majesty's  Government  within  this  her  maj""'  Province,  and  shall 
further  pay  the  Cost  aud  charge  of  Prosecution,  And  that  the  s"?  P^ben- 
ezer  Coffin  stand  committed  to  Prison  uutill  the  said  fine  &  charges  be 
paid  into  her  Ma''!'  Treasury  of  this  province.  —  \_Passed  September  8. 


PRIVATE   ACTS, 

Passed    1711-12. 


[69] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Seventeenth  day  of  October,  A.D.  17 ii. 


the 
f  Essex 


[IN'o.  26.] 

AN  ACT  TO   REVERSE  THE  ATTAINDERS  OF  GEORGE  BURROUGHS  AND 
OTHERS   FOR   WITCH-CRAFT  — 

Forasmuch  as  in  the  year  of  our  Lord  one  Thousand  Six  hundred  ^"■^^'  ^'°-  ^^■ 
ninety  two  Several  Towns  within  this  Province  were  Infested  with  a  j^eut?^™** 
horriljle  Witchcraft  or  Possession  of  devils;  And  at  a  Special  Court  From  a  copy  of 
of  Oyer  and  Terminer  holden  at  Salem  in  the  County  of  Essex  in  the  office'oMhe^ 
same  year  1692.    George  Burroughs  of   Wells,  John  Procter,   George  cieikof 
Jaco&[s,*]  John  WilJard,  Giles  Coye  and  ....  his  wife,  Rebecca  Nurse^  Oouuty. 
and  Sarah  Good  all  of  Salem  aforesaid.  Elizabeth  How  of  Ipswich,  Manj  the^possesFfon" 
Eastey,  Sarah  Wild  and  Abigail  Hobbs  all  of  Topsfield,  Samuel  War-  of  the  Editor. 
dell,   Mary  Parher,  Martha   Carrier,  Abigail  Falhier,  Anne  Foster,  ^xl*;^!'.?^'^***' 
Rebecca  Eames,  Mary  Post  and  Mary  Lacey  all  of  Andover,  Mary  LegisiativeRec 
Bradbury  of  Salisbury,  and  Dorcas  Hoar  of  Beverly  Were  severally  coimcii*vm. 
Indicted  convicted  and  attainted  of    Witchcraft,  and  some  of   them  *i?''i?";  ix-.49, 
put  to  death,  others  lying  still  under  the  like  Sentance  of  the  said  ecu'th^e  Rec^ 
Court,  and  liable  to  have  [y]e  same  P^xecuted  upon  them.  —  co'im°^i*^'*  4- 

The  Influence  and  Energy  of  the  Evil  Spirits  so  great  at  that  time  Essex  OoiiLty  ' 
acting  in  and  upon  those  who  were  the  principal  accusers  and  Wit-  D°"Moo're's 
nesses  proceeding  so  far  as  to    cause  a  Prosecution    to    be    had    of  Supplementary 
n  ■,  1         1  ,.•  i-i  1  i-i-v-j-     Notes  ou  Witch- 

persons  of  known  and  good  reputation,  which  caused  a  great  Disatis-  craft,  p.  10. 

faction  and  a  Stop  to  be  put  thereunto  until  their  majesty's  pleasure 
should  be  known  therein. 

And  upon  a  Representation  thereof  accordingly  made.  Her  late 
Majesty  Queen  Mary  the  Second  of  blessed  Memory,  by  Her  Royal 
Letter  given  at  Her  Court  at  Whitehall  the  fifteenth  of  April  1693. 
was  Graciously  pleased  to  approve  tbe  care  and  Circumspection  therein  ; 
and  to  will  and  require  that  in  all  proceedings  ag?  persons  accused  for 
Witchcraft,  or  being  possessed  by  the  devil,  the  greatest  moderation 
and  all  due  circumspection  be  used.  So  far  as  the  same  may  be  with- 
out Impediment  to  the  ordinary  course  of  Justice. 

And  Some  of  the  principal  accusers  and  Witnesses  in  those  dark  and 
severe  prosecutions  have  since  discovered  themselves  to  be  persons  of 
profligate  and  vicious  conversation. 

Upon  the  humble  Petition  and  Suit  of  several  of  the  s'^  persons  and 
of  the  Children  of  others  of  them  whose  Parents  were  Executed. 

Be  it  Declared  and  Enacted  by  his  Excellency  the  Govei'noa  Council 
and  Representatives  in  General  Court  assembled  and  by  the  Authority  of 
the  same 

That  the  several  convictions  Judgements  and  Attainders  against  the 

*  In  another,  recent,  hand  in  the  manuscript  copy  at  Salera. 

[71] 


72  Frovi^ce  J^Aws  (PHvate  Acts).  — 1111-12.     [Xo.   26.] 

"said  George  Burroughs,  John  Procter,   George  Jacob,  John    Willard, 

Giles  Core  and Core,  Rebecca  Nurse,  Sarah   Good,  Elisabeth 

How,  Mary  Easty,  Sarah  W\_ild,*^  Abigail  Hobbs,  Samuel  Wardell, 
Mary  Parker,  Martha  Carrier,  Abigail  Falkner,  Anne  Foster,  Rebecca 
Eame\_s,*'\  Mary  Post,  Mary  Lacey,  Mary  Bradbury  and  Dorcas 
H\_oar,*']  and  every  of  them  Be  and  hereby  are  reversed  made  and 
de[clared*]  lo  be  null  and  void  to  all  Intents,  Constructions  and  pur- 
poses wh[atso*]ever,  as  if  no  such  Convictions,  Judgments  or  Attain- 
ders had  ever  [been*]  had  or  given.  And  that  no  penalties  or 
fforfeitures  of  Goods  or  Chattels  be  by  the  said  Judgments  and 
attainders  or  either  of  them  had  or  Incurr'd. 

Any  Law  Usage  or  Custom  to  the  contrary  notwithstanding. 

And  that  no  Sheriffe,  Constable  Goaler  or  other  officer  shall  be  Liable 
to  any  prosecution  in  the  Law  for  anything  they  then  Legally  did  in 
the  Execution  of  their  respective  offices.  —  [^Passed  November  2. 

*  Manuscript  mutilated. 


[5th  Sess.]     Province  Laws  {Private  Ads) .  —  1711-12.  73 


['^o.  27.] 


AN  ACT*  FOR  VESTING  A  CERTAIN  STRIP  OR  PIECE  OF  LAND,  IN 
BOSTON,  IN  EZEKIEL  LEWIS,  GENTLEMAN,  AND  HIS  HEIRS.  [Passed 
November  9. 

No  engrossment.  Province  Laws,  i.,  686,  note.  Mass.  Archives,  xvli  ,  276,  278,  279. 
Legislative  Records  of  tlie  Council,  viii.,  160, 163, 168.  Suffolk  Kegistrj-  of  Deeds, 
lib.  -23,  fol.  139,  153. 

*  No  copy  of  this  act  has  been  discovered,  Ijut  the  title  and  the  records  referred  to 
surticiently  show  its  purport. 


74:  Province  l^AWii  {Private  Acts).  — 1711-12.     [No.  28.] 


PRIVATE   ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twelfth  day  of  March,  A.D.  1711-12. 


[No.  28.] 

AN  ACT  IMPOWRING  SIMON  WILLARD  ADMINISTRATOR  DE  BONIS  NON 
ADMINISTRATIS,  CUM  TESTAMENTO  ANNEXO  OF  THOMAS  DOWN- 
ING LATE  OF  SALEM  WITHIN  THE  COUNTY  OF  ESSEX  MERCHANT 
DECEP  TO  RECOVER  AND  RECEIVE  THE  GOODS  CHATTELS  RIGHTS 
AND   CREDITS   OF   THE   SAID  DECEP  — 


From  the  en 
giossment 


"Whereas   Thomas  Downing  late  of   Salem  within   the   County  of 

Pioyince  Laws,  Esscx  merchant  dece*?  dyed  Seized  of  a  personal  Estate  of  the  Value 
Mass  'Archives  ^^  ^^^  hundred  pounds,  besides  a  House  and  Small  peice  of  Land  in 
xvii.,'284-287.  '  Salem  aforesaid,  and  made  his  Last  Will  and  Testament  and  Appointed 
oMs  ofthe  ^^^  Exectf  who  refused  to  take  upon  them  the  burden  of  the  Executor- 
Councii,ix_,i84.  ship  whereupou  Administration  with  the  Will  annex'd  was  Granted  to 
Records,  book  his  Widow  who  is  also  now  Dead  Leaving  all  or  the  greatest  part  of 
book  308 ^p' 135-  ^^^  Estate  whole  and  intire,  Since  whose  Decease  the  Same  together 
book  309,' p.  355;  with  the  Bouds  Bills  and  Bookes  of  Acconipt  are  imbezel'd  and  Con- 
book  311' p".  157'.  cealed  ;  whereby  the  said  Admini-  is  unable  to  pay  and  Satisfy  two 
Essex  Registry   Judgeui'^  recovercd  against  him  for  the  Sum  of  One  hundred  and  Sixty 

Ol  J_)6GQ8     DOCK  1 

13,  leaf  15;  book  pounds  and  other  Debts  of  the  Dece*^  or  to  Call  in  and  receive  the 
41,  leaf  261.  Debts  Oweing  to  the  Estate  the  Bonds  Specialtys  and  Books  of  Ac- 
compts  being  Imbezel'd  and  Conveyed  a  way,  tho  Some  of  the  Creditors 
are  so  just  and  honest  as  to'  Acknowledge  their  Debts  and  Ready  to 
pay  the  Same  so  that  their  Bonds  or  Specialties  be  Delivered  up,  or 
they  otherwise  legally  Discharged  of  the  same,  as  the  said  Admin^in 
and  by  his  Petition  hath  Set  forth  to  this  Court.  — 

Be  it  Therefore  Enacted  by  his  Excellency  the  Governo"^  Council  and 
Representatives  in  General  Court  Assembled  and  by  the  Authority  of  the 
Same 

That  the  said  Simon  Willard  Adminin  as  aforesaid  Be  and  hereby  is 
fully  Authorized  and  Impowred  to  Demand  sue  for  Recover  and  Re- 
ceive all  Debts  and  Dues  to  the  Said  Estate  Owing  from  any  Person 
and  Persons  whomesoever  And  his  Discharge  to  them  for  the  Same 
Shall  be  as  good  E^ffectual  and  Available  in  the  Law  to  Acquit  them 
thereof  as  if  their  Bonds  Bills  or  Specialties  were  Delivered  up  and 
Cancelled/—  ^Passed  March  20,  1711-12. 


PRIVATE    ACTS, 

Passed    1712— 13. 


[75] 


PRIVATK    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-Eighth  day  of  May,  A.D.  17 12. 


[N"o.  29.] 

an  act  impowrixg  theodosia  sherman  (late  clarke)  thomas 
mawdsley  and  ebenezar  mawdsley  guardians  of  the  four 
children  of  john  mawdsley  and  hannah  his  wife  (late 
clarke)  both  deceased,  being  minors  to  make  sale  of  land./— 

Whereas  Thomas  Clarke  of  Boston  within  the  County  of  Suffolk  ^;°^^,^^^t^°- 
shopkeeper,  mauy  years  since  deed  by  Deed  of  Gift,  by  him  Executed  Province  Laws, 
Did  settle  upon  his  son  Thomas  Clarke  mariner  and  the  Heirs  of  his  ^•'  ','^"^' °°'|^: 
Body,  A  Certain  Messuage,  Tenement  or  Dwelling  House  with  the  Land  xiv!,  397, 399. 
thereto  belonging,  situate  in  Boston,  fronting  to  Cornhill  Street,  since  of^fg^onhe ^^'^ 
so  named.  And  the  said  Thomas  Clarke  the  son  Departed  this  Life  Council, ix.,i8o, 
Divers  years  past,  Leaving  Issue  only  Two  Daughters  named  Hannah  s^uffofk'iiegis- 
and  Theodosia  ;  Hannah  intermarried  with  John  Mawdsley  of  Dorches-  t.'T  °\  ^i*^?^^' 

•/  lib   11    lol.  7'2— 

ter,  both  since  deed  :  left  Issue  Four  Children  Viz'  Two  sons  and  Tw  75;'  lib.  29,  foi. 
Daughters  all  within  age.  Theodosia  intermarried  with  John  Sherman  goi^Jg'^no^^s 
mariner,  who  for  some  time  past  has  been  Absent  beyond  sea,  and  not  chap.  52;  1705- 
known  to  be  alive./ —  Laws^aud  p.e- 

Ancl  Whereasin  the  Time  of  the  late  Desolation  made  by  Fire  within  solves  of  Massa- 

CQU86tt8  (6(i»  Ol 

the  Town  of  Boston,  the  Housing  and  Buildings  on  the  said  Laud  were  issg),  1791, 
Demolished  and  Consumed  and  the  present  proprietors  utterly  unable  cbap.eo. 
to  rebuild  the  same,  having  no  other  Estate  left  for  their  support  but 
the  Land  which  is  of  no  Improvement  but  for  building  the  said  Children 
being  all  young.  One  of  'em  not  more  than  ft'our  years  Old  and  a  Con- 
stant Charge  for  Nursing,  as  in  and  by  the  Petition  of  the  said  Theo- 
dosia Sherman,  Thomas  Mawdsley  and  Ebenezar  Mawdsley  to  this 
Court  is  set  forth  ;  Humbly  Praying  (Together  with  Judith  Grafton, 
Late  Relict  AVido\y  of  the  said  Thomas  Clarke  jun^  and  Tenant  in 
Dower  in  the  premisses)That  they  may  be  Impowred  to  make  sale  of 
the  said  Land  for  the  benefit  and  Advantage  of  the  said  Minors,  their 
part  of  the  produce  thereof  to  be  put  forth  at  Interest  on  good  security 
and  the  Income  thereof  to  be  Imployed  towards  the  Charge  of  their 
bringing  up./ — 

Be  it  Enacted  by  his  Excellency  the  Governour,  Council  &  Represent- 
atives in  General  Court  Assembled  and  by  the  Authority  of  the  same 

That  the  said  Theodosia  Sherman,  as  if  sole,  Thomas  Mawdsley 
and  Ebenezar  Mawdsley  Guardians  as  afore  said  with  the  said  Judith 
Grafton,  Tenant  in  Dower,  Be  and  hereby  are  Licens'd  Authorized  and 
fully  Impowred  to  bargain  sell  and  Convay  the  aforesaid  House  Lot 
Yard  Garden  and  Land  with  the  Little  outhouse  thereon,  members  and 
Appur'7  belonging  at  a  Valuable  Rate  and  price  ;  and  to  seal  and  Exe- 

["] 


78  Province  Laws  (Prwa^e  ^cte) .  — 1712-13.      [Xo.  29.] 

cute  a  good  sufficient  and  Legal  Deed  or  Deeds,  for  Convaying  and 
passing  away  the  same  in  a  good  and  pure  Estate  of  Inheritance  in 
Fee,  the  aforementioned  Taile  or  any  Words  of  that  Construction  or 
Intendment  in  the  Deed  of  settlement  from  Thomas  Clarke  first  within 
Named  notwithstanding./ — 

Saving  to  the  aforenamed  Judith,  in  Lieu  of  Her  Dower,  one  Third 
part  of  the  Yearly  Interest  and  Improvement  made  of  the  money  pro- 
duced by  the  sale  of  the  said  Land  for  and  During  her  Term ;  Unless 
she  agree  otherwise./ —  l^Passed  Ju7ie  12. 


[2d  Sess.]      Province  Laws  {Private  Acts) .  —  1712-13.  79 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twentieth  day  of  August,  A.D.  17 12. 


[No.  30.] 

AN  ACT  FOR  TAKING  OFF  THE  ENTAILE  AND  VESTING  THE  FEE 
SIMPLE  OF  APEICE  OF  LAND  IN  BOSTON  IN  JOHN  CLARKE  ESQR  AND 
HIS  HEIRS  THE  PRESENT  TENANT  IN  TAILE,  FOR  AN  EQUIVALENT 
PROPOS'D./.  — 

Wheueas  John  Clarke  of  Boston  within  tlie  County  of  Suffolk  Phy-  From  the  en- 
sician,  upwards  of  Forty  Years  Since  dece^  dyed  Seized  in  his  Demesne  prolhrcTLaws 
as  of  Fee  of  a  Certain  Messuage  Tenement  or  Dwelling  House  with  a  »•>  ''*^*>  note. 
Large  yard   and   Garden   adjoyning   and    belonging,  Situate    at    the  ^,!^^f^'^^f\',^'g  ^^'*''' 
Northerly  End  of  the  Town  of  Boston  aforesaid  on  the  Westerly  Side  Council.  ix.,208f 
of  Fish  Street  and  a  Wharffe  with  Some  Buildings  thereon,  Lying  on  pro'bate  Rec- 
the  Easterly  Side  of  the  Said  Street,  and  a  Right  in  the  Flatts  to  the  43"4*j36^Hi;^8^• 
Seaboard  thereof ;  All  which  he  Devised,  in  and  by  his  Last  Will  and  pp.  I56,'i59,'i92, 
Testament  to  his  only  Son  John  Clarke  (Since  decef)  and  his  heires  1^3;  {lij'lgjpp; 
male  of  his  body  in  Tail;  and  are  now  descended  and  Come  to  the  ■i3^-'i;J4;  ub. 66, 
hands  of  John  Clarke  of  Boston  aforesaid  Esqi-  Grandson  [of*]  John  slJffoik  Regis- 
Clarke  first  above  Named;  Who  by  his  Petition  has  Set  forth.  That  |.'7°L^r,''^Vor> 

i-i-i         -IT-.     -IT  I'll  i   T       •  -i^  •  •■  -.  li'^-  120,  fol.139- 

[the*J  said  Buudmgs  benig  old  are  fain  into  Despair  ;  notwithstanding  143.  sewaii's 
the  Disbursement  of  Considerable  Sums  of  money  by  his  Father,  in  his  ^o"^33'4-337*^36i. 
life  time,  and  Since  his  Death  by  himselfe,  for  the  Repairing  and  Up- 
holding of  the  Same  ;  and  will  soon  become  ruinous  without  a  further 
«&  Greater  [expen*]ce  thereon  ;  which  he  Saith  he  is  unable  to  Advance 
without  appa[rent  w*]rong  to  his  Family,  to  have  the  whole  Estate 
pass  from  them  to  [a  female?*]  Colateral  heir  in  failure  of  his  Leaving 
a  Male  heir  Humbly  [proposi*]ng  that  if  he  may  hold  and  Enjoy  to  him 
)iis  heirs  and  Assignes  [foreve*]r  in  Fee  part  of  the  afore  Said  Land  on 
the  Westerly  side  of  Fish  Street  [viz*]':  The  Northerly  part  thereof  abut- 
ting on  Gallops  Alley  to  Contain  Thirty  two  Feet  in  breadth  from  the 
Said  Alley  Southerly,  and  One  hundred  and  Fifty  feet  in  Depth  (which 
will  not  be  one  third  part  of  the  Breadth  of  the  Whole  Land  on  the 
upper  Side  of  the  Street)  He  will  in  Lieu  thereof  for  the  Advancing  and 
better  Improvement  of  the  remaining  Estate  Taile  at  his  own  Cost  and 
Charge  build  and  Carry  out  the  Wharffe  on  the  Easterly  Side  of  the  Said 
Fish  street  One  hundred  Feet  further  in  Length  on  the  Sea-board  of 
full  Thirty  Two  feet  in  breadth  througliout,  and  to  Erect  &  fully  Finish 
a  Building  or  Warehouse  thereon  of  Sixty  feet  in  Length  Eighteen  Feet 
wide  and  fourteen  feet  Stud^^ — 

His  only  Brother  William  Clarke  the  next  heir  in  Taile  to  the  Prem- 
isses [in  Failure  of  the  Petitioner's?*]  Male  heires  having  agreed  to 
And  Accepted  [the  said  proposal  and  equi?*]valent./ — 

*  Engrossment  mutilated. 


80  Province  Laws  (Pm-a^e^cte).  — 1712-13.      [No.  30.] 

[Be  it  therefore  enac*'\ted  by  his  Excellency  the  Oovernour  Council 
[and  Representatives  in  Gener*'\al  Court  Assembled  and  by  the  Authority 
of  [the  same*'\ 

[That  the  aforesaid?*]  Proposal  &,  Equivalent  be  Accordingly  Ac- 
cep[ted  and  it  is  hereby  ordered?*]  upon  performance  thereof  on  the 
part  [of  the  said  John  Clarke  by  his?*]  Extending  building  and  Carry- 
ing the  aforesf  [wharffe*]  One  hundred  feet  further  out  in  Length  to 
the  Seaboard  of  the  [brea*]dth  of  Thirty  Two  feet  throughout,  and 
Erecting  and  Compleatly  Fiuish[ing*]  a  Building  or  Warehouse  thereon 
of  the  Dimentions  afore  Expressed,  the  aforementioned  peice  part  or 
parcell  of  the  Land  lying  on  the  Westerly  Side  of  the  afores''  Street 
Viz-  the  Northerly  part  thereof  abutting  on  Gallops  Alley  and  running 
One  hundred  and  Fifty  feet  in  Depth  backward  from  the  Said  Street  to 
the  Fence  of  Samuel  Flack  dece'?  Containing  the  breadth  of  Thirty  Two 
feet  throughout  from  the  Said  Alley  Southerly  Be  and  hereby  is  fully 
Vested  in  the  Said  John  Clarke  his  heirs  and  Assignes  To  be  holden  of 
him  and  them  of  and  in  a  pure  absolute  and  indefeasable  Estate  of  In- 
heritance in  Fee  Simple  for  Ever  without  any  manner  of  Condition 
revertion  Entailment  or  Limitation  of  use  or  uses  whatsoever  The 
Devise  and  Bequest  or  any  Clause  Expression  or  words  of  Elntail  in 
the  Will  of  the  Said  John  Clarke  first  Named  notwithstanding/'— 
[Passed  August  22. 

*  EngrosBment  mutilated. 


[3d  Sess.]     Province  Laws  (Pr/ya^e  ^c^6-)  .  —  1712-13.  gX 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-second  day  of  October,  A.D.  17 12. 


[No.  31.] 

AN   ACT  FOR  SETTLEING  THE   LANDS  OF   JUSTINIAN    HOLDEN   LATE  OF 
CAMBRIDGE   DECE» 


I  en- 


Whereas  Justinian  Holdeu  Late  of   Cambridge  in   the  County  of  ^''°™j^g®t 
Middlesex  Housewrigbt  deeef  made  and  Published  a  Certain  Instru-  Province  Laws, 
ment  in  writeing  purporting  his  Last  Will  and  Testament  concerning  ^•'^?*'°.°**^' 
the  bestowment  and  Disposition  of  his  Estate  both  Real  and  Personal  orfsof  the 
bearing  date  the  12"'  day  of  August  1691  and  dying  Seized  in  his  own  ^s^s" ""g' ^M'jd. 
Demesne  as  of  Fee  of  a  Certain  Farm  house  barn  Orchard  Land  and  diesex  Probate 
Meadow,  Adjoyniug,  and  Several  other  Allotments  of  Land  Lying  Situ-  ^^'*^^'  ^'^*''' 
ate  partly  in  Cambridge  aforesaid  and  partly  in  the  Town  of  Water- 
town  Adjoyning,  of  the  Contents  of  One  hundred  and  Forty  Acres  or 
thereabouts  in  the  whole  Devised  and  bequeathed  his  Said  Lands  to 
and  among  his  Four  Sons  Namely  Samuel  John,  Isaac,  and  Joseph 
Holden  and  his  Three  Daughters,  Namely  Mary,  Grace  and  P^lizabeth 
in  manner  as  in  and  by  his  Said  Will  is  Set  forth  and  Expres't  and 
Subjoyns  a  Clause  or  Paragraph  in  these  words  That  is  to  Say  Item  my 
Will  is  that  what  Lands  I  have  given  to  my  Sons  above  named  I  Give 
unto  them  and  their  heirs  Lawfully  begotten  of  their  Body  and  if  any 
of  them  Shall  decease  without  Issue  their  Lands  Shall  go  to  the  Sur- 
viving Sons  Equally 

And  Whereas  the  Said  Four  Sons  aforenamed  have  Set  forth  that 
the  Said  Lands  are  very  mean  and  poore  and  by  the  Devise  of  their 
Father  aforesaid  Parcelled  out  into  Nineteen  Several  Peices  or  Alot- 
ments  So  intermixed  One  among  another  that  the  making  &  fenceing 
Out  Necessary  ways  across  the  Divisions  will  be  Such  an  iutollerable 
Charge  that  all  the  Timber  and  Stone  that  can  be  procured  or  gotten 
on  the  premisses  is  not  Sufficient  to  Fence  the  Same  one  time  ;  and 
the  Living  is  Cut  out  in  so  many  parcells  as  Renders  it  uncapable  of 
Improvement  in  any  Measure  for  the  Support  of  their  Familys  Who 
are  greatly  Multiplyed  with  a  Numerous  Posterity  Since  the  Testators 
decease  And  must  necessarily  Quit  the  Instate  to  provide  for  themselves 
and  Familys  Elsewhere  Unless  they  can  be  Allowed  to  pass  away  their 
Right  and  Interest  to  and  among  One  anotlier  So  as  to  make  a  Com- 
fortable Living  for  one  or  more  of  them  and  will  probably  fall  into  the 
hands  of  Strangers  and  tlie  Minde  and  Intent  of  the  Testator  be  thereby 
Defeated  by  the  Estate  passing  out  of  his  Name  and  Family.  —  For 
prevention  whereof 

Be  it  Declared  and  Enacted,  by  his  Excellency  the  Governoiir  Council 
and  Representatives  in  General  Court  Assembled  and  by  the  Authority  of 
the  Same 

That  it  Shall  and  may  be  Lawfull  to  and  for  the  aforenamed  Samuel, 


82  Province  Laws  (Private  Acts) .  —  1712-13.     [No.   31.] 

John,  Isaac,  and  Joseph  Holdeu  or  any  One  or  more  of  them  to  Alienate 
Sell  Convay  and  Dispose  of  their  Several  and  Respective  parts  Shares 
and  Interest  of  and  in  the  aforementioud  Lands  and  Appur^'  to  any 
One  or  more  of  their  other  Bretheren  and  to  E^xecute  good  and  Suffi- 
cient Deeds  in  the  Law  for  passing  the  Same  To  be  holdeu  of  Such  pur- 
chaser or  purchasers  Respectivly  their  heirs  and  Assignes  for  Ever  in 
Fee  The  Will  of  their  Said  Father  Justinian  Holden  or  any  proviso  limi- 
tation Clause  or  Article  therein  Contained  Seemingly  to  the  Contrary 
thereof  in  any  wise  notwithstanding     [Passed  October  30. 


PRIVATE    ACT, 
Passed    1716-17. 


[83] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Thirtieth  day  of  May,  A.D.  17 i6. 


'[Ko.  32.] 

AN  ACT   FOR  THE   CHANGE    OR    ALTERATION    OF    THE    SIR   NAME    OF 
SPENCER  BENNETT  ALIAS  PHIPS  OF  CAMBRIDGE  ESQ^  — 

AViiEREAS  the  Honourable  S-  William  Phips  Kn?  Dyed  Seized  of  a  From  the  en- 
very  valuable  Estate  as  well  Real  as  personal,  and  in  and  by  his  last  proTince°Laws, 
Will  and  Testament  (in  Consideration  of  the  great  Love  and  Affection  u.,  66,  note, 
which  he  had  to  his  Lady  Dame  Mary  Phips  since  deceased  and  her  oi^lg  ofthe  ^'^'^' 
Nephew  the  aforesaid  Spencer)  Gave  and  Devised  his  Estate  unto  the  Council,  x.,  73, 
said  Spencer  adopting  him  for  his  Son,  at  the  same  time  Expressing  nais of the""^' 
and  Declaring  his  Desire  and  Intention  That  the  said  Spencer  should  House  of  Rep- 
take  upon  him  the  Sir  Name  of  Phips  and  thereby  bear  up  and  perpet-  1716,  June  ib, 
uate  his  own  Name  EnILd,  Bolrd 

And  Whereas  the  said  Spencer  in  a  Gratefull  and  dutifull  Comply-  of  Trade,"  vol. 

*\^    "n    27S* 

ance  with  the  Will  and  Intention  of  the  said  Sir  William  Phips  hath  "Trade Papers 
on  all  occasions  hitherto  annexed  the  Sir  Name  of  Phips  unto  his  own  k^y^^^^'^^^lQ  ■ 
proper  Name  of  Bennett  and  is  desirous  for  the  future  both  for  him-  Public  Record 
selfe  and  his  Posterity  to  prevent  the  Inconvenience  of   having  two  se^^aii'^Diary^ 
Sir  Names  as  also  more  fully  to  comply  with  the  Design  and  Desire  of  »•,  88. 
his  Benefactor.     For  Effecting  whereof 

Be  it  Enacted  by  the  Lieutenant  Governotir  Council  and  Representa- 
tives in  General  Court  Assembled  and  by  the  Authority  of  the  same 

That  the  said  Spencer  Bennett  alias  Phips  for  the  future,  bear  and 
be  called  by  the  Sir  Name  of  Phips  and  no  other  and  that  the  Name  of 
Bennett  for  ever  hereafter  cease  from  beiug  any  part  of  his  Sir  Name 
and  the  Sir  Name  of  Phips  only  descend  also  to  his  Posterity  as  effec- 
tually and  to  all  Intents  and  Purposes  in  the  Law  as  if  the  same  had 
been  the  original  and  proper  Sir  Name  of  the  said  Spencer,  and  he  had 
been  descended  from  the  said  Sir  William  Phips  any  Law  usage  or 
Custom  to  the  contrary  Notwithstanding     [Passed  June  23. 

[85] 


PRIVATE    ACTS, 

Passed    1717-18. 


[87] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-third  day  of  October,  A.D.  17 17. 


[No.  33.] 

AN  ACT  FOR  TAKING  OF  THE  ENTAIL  AND  VESTING  THE  FEE  SIMPLE 
OF  CERTAIN  LANDS  IN  SCITUATE,  IN  THOMAS  BRIANT  FOR  AN  EQUIV- 
ALENT PROPOSED  BY  JOSEPH  BRIANT  TO  WHOM  THE  SAID  LANDS 
WERE   GIVEN   IN   TAIL  — 

Whereas    John   Briant  Sen-  formerly  of    Scitimte  within   the  late  From  the  en. 
Colony  of  New  Plymouth  in  New  England,  upwards  of  Thirty  years  provi"^e°Laws 
since  deceased,   dyed  Seized  in  liis  Demesne  as  of   fee  of   a  certain  ii.,  93,  note. 
Tract  or  Parcel  of  Lands  with  Housing  and  building*  standing  upon  Legislative Rec 
and  belonging  to  the  Same  Containing  Forty  four  Acres  in  the  whole  Council,  x  ,  172, 
Thirty  seven  Acres  thereof  being  Upland  and  Swamp  land,  and  Seven  naUoTthe''°"'' 
Acres   thereof   being   Meadow  Land,  all  lying  and  being  in  Scituate  House  of  Rep- 
aforesaid,  all  which  he  the  said  John  Briant  Devised  in  and  by  his  last  inT^Nov'^s'  13, 
Will  and  Testament  to  his  tAvo  Sons  Joseph  Briant  and  Thomas  Briant  prolate  Rec'*^ ' 
aforesaid,  and  the  Heirs  of  their  Bodies  in  Tail  and  thereupon  some-  ords:  wiiis, 
time  after  the  Death  of  the  said  John  Briant,  the  said  Joseph  Briant  3°.^'  Plymouth" 
and  Thomas   Briant  made  a  Division  of   the  afores-'  Devised  Lands  Registry  of 
and  Meadows  in  equal  halves  between  them,  by  a  Line  beginning  at  ppf2l2-225;    ' 
a  Stake  and   Stones   standing  by  the  Road   Side  Twenty  eight  Rods  book  15,  p.  1. 
Westerly  from  John  James's   Range,  and  runneth  near  South  and  by 
East  half  a  Point    Southerly  to  a  Pine  Tree  in  the  Swamp,  and  from 
thence  runneth  South  South  East  to  a  white  oak  Tree  standing  near 
the  Meadow,  and  from  said  Stake  first  mentioned  North  West  half  a 
Point  Northerly  to  a  Pine  Tree  at  the  head  of  the  Lot,  and  the  said 
Meadow  Land  they  divided  by  a  Line  beginning  by  the  Upland  Side, 
and  thence  runneth  near  ICast  and  by  South  to  a  Stake  standing  by 
the  River.   And   agreed  that  the  said  Joseph  Briant  should  have  the 
Easterly  Side  or  half  part  of  the  Upland  abovesaid,  and  the  Southerly 
half  part  of  the  Meadow  aforesaid  ;  And  that  the  said  Thomas  Briant 
should  have  tlie  AVesterly  half  part  of  the  Upland  aforesaid,  and  the 
Northerly  half  part  of  the  Meadow  aforesaid  as  divided  by  the  Lines 
aforesaid.  Whereby  the  said  Joseph  Briant  became  Seized  in  Severalty 
as  Tenant  in  Tail  of  the  said  lialf  part  of  the  Devised  Premisses,  which 
said  Lands   being  so  small  Accomodations  for  two  Settlements  They 
the  said  Joseph  Briant  and  Thomas  Briant  apprehending  that  it  would 
be  very  illconvenient  and  prejudicial  to  them  both  to  Settle  upon  their 
respective  parts,  The  said  Joseph  Briant  for  a  valuable  Consideration, 
conveyed  his  said  half  part  to  Thomas  Briant  aforesaid.  But  least  any 

*  Possibly  "  buildings  "  —  obscure  in  the  eDgrossment. 
[89] 


90  Province  Laws  (Przva^e  ^cte) .  —  1717-18.      [No,  33.] 

Illcoavenience  should  arise  respecting  the  Title  made  to  the  said  Thomas 
Briant  by  reason  of  the  aforesaid  Entail,  the  said  Joseph  and  Thomas 
Briaut  have  petitioned  that  the  Entail  may  be  taken  off  from  the  said 
Joseph  Briants  part  aforesaid,  and  that  his  said  Conveyance  may  be 
confirmed.  And  that  he  the  said  Thomas  Briant  may  have,  hold,  and 
Enjoy  the  Same  to  him  his  heirs  and  Assignes  for  ever  in  fee.  And  the 
said  Joseph  Briant  having  certain  Lands  in  fee  simple  lying  and  being 
in  Scituate  aforesaid  Viz-  Sixteen  Acres  of  Upland  lying  at  a  Place 
called  Newfound  Marsh,  bounded,  beginning  at  an  ancient  marked 
black  oak  Tree  and  runneth  near  East  Thirty  two  Rods  to  A  stake  and 
Stones,  then  runneth  near  North  Eighty  five  Rods  to  a  Red  Oak,  then 
runneth  near  West  Twenty  eight  Rods  to  a  Stake  and  Stones  by  the 
Swamp  Side,  then  runneth  streight  to  the  first  named  black  Oak  &  Also 
three  Acres  of  Swamp  Land  adjoyniug  to  the  said  Sixteen  Acres  Bounded 
AVesterly  on  the  Herring  Brook,  And  Southerly  and  Easterly  on  the 
Common  Lands  of  Scituate  aforesaid.  And  Northerly  partly  on  the  said 
Sixteen  Acres  and  partly  on  the  said  Briants  other  Lands  And  also  three 
Acres  of  Meadow  Land  lying  at  a  Place  called  Gravelly  Beach  Bounded 
Easterly  on  the  Meadow  Laud  of  Joseph  Randal  Northerly  and  West- 
erly on  the  Meadow  Land  of  Joseph  and  Stephen  Curtise,  and  South- 
erly on  the  North  River,  And  also  two  Acres  of  Salt  Meadow  lying  in 
Marshfield  at  a  Place  called  the  Cove  Crick  Bounded  beginning  at  a 
Stake  at  the  Crick  Side  and  runneth  by  a  Ditch  by  George  Kings  Meadow 
Twenty  four  Rods  to  Samuel  Curtises  Meadow,  And  then  runneth  near 
North  and  by  East  with  the  said  Ditch  Seventeen  Rods  and  an  half  to 
a  Stake  by  the  Ditch  Side,  And  then  runneth  P^ast  and  by  South  Thirty 
one  Rods  to  a  Stake  standing  by  the  Cove  Crick,  and  then  runneth 
with  the  said  Cove  Crick  to  the  first  named  Corner  The  said  Joseph 
Briant  humbly  proposelh  that  the  af ores'?  Peices  and  Parcels  of  Lands 
and  Meadows  belonging  to  him  in  fee  as  aforesaid,  may  be  made  an 
Estate  to  him  the  said  Joseph  Briant  and  the  Heirs  of  his  Body  in  Tail 
as  an  Equivalent  for  the  said  Lands  which  the  Entail  is  taken  off  from, 
which  will  be  of  greater  Advantage  to  the  Heirs  in  Tail  then  the  afores^ 
Entailed  Lands  are  ever  like  to  be.  And  all  the  Children  of  the  s*? 
Joseph  Briant  now  living  which  by  Possibility  might  Inherit  the  af ores'? 
Entailed  Estate  have  agreed  and  accepted  the  afores'?  Proposal  and 
Equivalent. 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour,  Council  and 
Representatioes  in  General  Court  assembled  and  by  the  Authority  of  the 
Same 

That  the  afore  recited  Proposal  and  Equivalent  be  accordingly  ac- 
cepted and  agreed  to  And  that  the  aforesaid  Conveyance  made  by  the 
said  Joseph  Briant  to  the  said  Thomas  Briant  shall  be  and  stand  good 
and  is  hereby  Confirmed 

Arid  it  is  hereby  declared  and  Enacted 

That  the  said  Easterly  half  part  of  the  afores^  Thirty  Seven  Acres  of 
Upland  and  Swamp  Land,  And  the  Southerly  half  part  of  the  aforesaid 
Seven  Acres  of  Meadow  Land  as  divided  by  the  Lines  aforesaid  Be 
and  hereby  is  fully  Vested  in  the  said  Thomas  Briaut  his  Heirs  and 
Assignes  To  be  holden  of  him  and  them  of  and  in  a  pure,  absolute  and 
Indefeasable  Estate  of  Inheritance  in  fee  simple  for  ever,  without  any 
manner  of  Condition,  Reversion,  Entailment,  or  Limitation  of  Use  or 
Uses  whatsoever  The  Devise  and  Bequest  or  any  Clause,  Expression 
or  Words  of  Entail  in  the  Will  of  the  said  John  Briant  Notwith- 
standing — 

And  Be  it  further  Enacted  by  the  Authority  afores^ 

That  the  aforesaid  Sixteen  Acres  of  Upland,  Three  Acres  of  Swamp 
Land,  and  Three  Acres  of  Meadow  Land  lying  and  being  in  Scituate 


[2d  Sess.]      Provincf:  Laws  {Private  Acts).  —  1717-18. 

aforesiiid,  aud  the  aforesaid  Two  Acres  of  Salt  Meadow  Laud  lying  iu 
Marshfield  aforesaid,  all  said  Peices  and  Parcels  of  Upland  Swamp 
Lands  &  meadow  Land  being  Abutted  and  Bounded  as  aforesaid  Be 
and  hereby  is  fully  Vested  in  the  said  Joseph  Briaut  and  the  Heirs  of 
his  Body  lawfully  begotten  for  ever  To  be  holden  by  him  and  them  of 
and  in  a  pure  and  perfect  Estate  of  Inheritance  in  Fee  Tail  General. 
'[_Passed  November  20. 


91 


92 


Province  Laws  {Private  Acts).  —  1717-18.     [No.  34.] 


[JS^o.  34.] 


From  the  en 
grossmeut. 
Province  Laws, 
ii.,  93,  note. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1717,  Nov.  8,  9, 
13.  18,  19.    Leg- 
ishxtive  Records 
of  the  Council, 
X.,  179,  190,  199. 
Middlesex 
Court  of  Ses- 
sions :  Files, 
Dec,  1717; 
July,  1718;  Rec- 
ords, vol.  1, 
pp.  331,  333-338. 
Suffolk  Court 
Files,  12464. 
Records  of  the 
Superior  Court 
of  Judicature, 
1715-1721,  foL 
213,  269. 


AN  ACT  ENABLING  WILLIAM  READ  TO  BRING  FORWARD  HIS  APPEAL 
FROM  THE  SESSIONS  OF  THE  PEACE  IN  MIDDLESEX  TO  THE  SUPE- 
RIOUR  COURT  OF  JUDICATURE  TO  BE  HELD  IN  CHARLESTOWN  FOR 
THE   COUNTY   OF   MIDDLESEX 

Whereas  William  Read  of  Lexington  by  his  Petition  to  this  Court 
hath  Shewed  forth  That  he  Apprehends  him  Self  greatly  Injured  by  a 
Sentance  of  the  Court  of  Sessions  of  the  Peace  for  the  County  of 
Middlesex  in  a  Cause  between  the  Selectmen  of  the  said  Town  and 
Thomas  Kendall  of  the  one  part  and  the  S'^  AVilliam  Read  on  the  other 
part,  from  which  Sentance  he  Appealed  to  the  Superiour  Court  of 
Judicature  which  was  holden  at  Cambridge  in  July  last  past  but  by 
mistake  filed  his  reasons  of  Appeal  in  the  Clerks  Office  of  the  Court 
of  Sessions  instead  of  filing  the  Same  in  the  Clerks  Office  of  the  Supe- 
riour Court  appealed  to  ;  AVhereby  he  is  precluded  the  benefit  of  his 
Appeal  And  thereupon  praying  this  Court  to  Enable  him  to  bring  for- 
ward the  said  Cause  by  Appeal  liefore  the  said  Superiour  Court  at  their 
next  Sessions  in  the  said  CountyX  — 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  and 
Representatives  in  General  Court  Assembled,  and  by  the  Authority  of 
the  same 

That  the  Said  AVilliam  Reed  be,  and  hereby  is  Impowred  to  bring 
forward  the  said  Cause  by  way  of  Appeal  to  be  heard  and  Tryed  at 
the  next  Superiour  Court  of  Judicature  Court  of  Assize  &  General 
Goal  Delivery  to  be  holden  at  Chaiiestown  for  the  County  of  Middle- 
sex upon  the  Last  Tuesday  in  January  next  Ensueing  And  the  Hon- 
ourable Judges  of  the  said  Court  are  hereby  fully  Authorized  to  Try 
the  same  Accordingly  Provided  the  s*?  William  Reed  file  his  Reasons 
of  Appeal  in  the  Clerks  Office  of  the  s"?  Superiour  Court  Seven  Days 
before  the  said  Courts  sitting  as  The  Law  Directs  —  Any  Law  Usage  or 
Custom  to  the  contrary  notwithstanding.     \_Fassed  November  20. 


[2d  Sess.]     Province  Laws  (PWm^e  ^ci!.s') .  —  1717-18.  93 


[:N"o.  35.] 

an  act  impowring  the  judge  of  probate  to  allow  a  divis- 
IONAL AGREEMENT  MADE  BETWEEN  THE  CHILDREN  &  HEIRS  OF 
EDWARD   DENISON   LATE    OF  ROXBURY  YEOMAN   DECED./ - 

Whereas  the  s'?  Edward  Deiiison  in  and  by  his  Last  Will  and  Testa-  From  the  en- 
ment  did  Order  that  after  the  decease  of  his  Wife  his  whole  Estate  re-  Provll^cTLaws, 
maiuing  should  be  divided  into  two  equal  parts  and  that  his   Son  "•.  93,  note. 
William  Denison  sliould  have  the  one  half  thereof  for  his  portion  and  HoueTo^f  Re*'^-^ 
that   the  other  half   thereof    should  be  equally  divided  between  his  resentatives, 
Daughters.  noI*.2o."Ii.''' 

And  Wliereas  the  widow  of  the  s*^  Edward  Denison  is  lately  deced  Legislative  Reo- 
and  three  Indifferent  persons  have  been  chosen  to  apprize  the  Real  Council, x,  197, 
Estate  of  the  said  Edward  Denison  deced  and  sworne  to  the  faithful  Pn'^,''""v,^."^' 

folk  Probate 

performance  thereof  ;  Files,  3885; 

And  Wliereas  all  the  Children  of  the  Testator  and  their  legal  Repre-  p.^'g^'lf^.^e^p.' 
sentatives  (Except  two,  one  being  a  Minor  and  the  other  refusing  to  }?i  Vgo  ^°' pp* 
come  to  any  Division)  according  to  the  said  Apprizement,  have  pro- 
ceeded to  divide  the  s*^  Estate  into  two  equal  parts  according  to  the 
Will,  the  one  half  thereof  was  divided  as  equally  as  could  be  into  four 
parts.  To  wit.  Between  the  Surviving  Daughter  of  the  said  Edward 
Denison  and  the  legal  Representatives  of  his  other  Daughters  who  are 
since  deced  and  Lotts  were  solemnly  drawn  for  their  several  shares  and 
the  other  half  of  the  s*?  Estate  being  given  by  the  Will  of  y^  s*^  Edward 
Denison  to  his  son  William  Denison  aforenamed  ;  he  together  with  his 
surviving  Sister  and  the  heirs  of  his  Sisters  deced  (Except  as  afore- 
said) caused  Articles  of  Partition  between  them  to  be  made  of  y*^  s*? 
Estate  accordingly  and  have  Elxecuted  y*'  same  and  made  their  Ac- 
knowledgments thereof  before  the  Judge  of  Probate  for  the  County  of 
Suffolk  — .  — 

But  Forasrmich  as  the  said  Minor  cannot  legally  Execute  the  said 
Deed  of  Partition  and  John  Reiner  w^ho  is  Interested  in  the  s**  Estate 
neglects  or  refuses  to  P^xecute  y*^  same,  the  s^  William  Denison  (the 
son)  in  behalf  of  himself  and  the  rest  who  have  agreed  to  y**  said 
Division  hath  Supplicated  this  Court  to  direct  the  Hono'''^  Samuel 
Sewall  Esq-  Judge  of  Probate  for  y"  said  County  of  Suffolk  to  allow 
the  s''  Divisional  Agreement  to  be  a  Settlement  of  the  Testators  Real 
Estate  Notwithstanding  the  refusal  of  the  said  Reiner  and  because  the 
Minor  is  not  capable  to  Act  to  appoint  a  Guardian  on  his  behalf  &c  — 

Be  it  therefore  Enacted  by  His  Excellency  the  Governonr  Council  and 
Representatives  in  General  Court  Assembled  and  by  the  Authority  of 
the  same, 

That  the  Judge  of  Probate  of  Wills  &c  for  the  County  of  Suffolk  be 
and  hereby  is  Directed  and  Impowred  to  allow  of  Ratify  and  Confirm 
the  Divisional  Agreement  so  as  aforesaid  made  as  and  for  a  Settlement 
or  Division  of  the  Estate  in  housing  and  Lands  of  the  Testator  con- 
formable to  his  Will,  And  so  the  s'?  Settlement  being  so  Approved  shall 
be  of  as  full  force  and  validity  in  the  Law  as  if  the  said  John  Reiner 
had  Executed  and  Acknowledged  the  same.  And  the  said  Judge  of 
Probate  is  hereby  directed  to  appoint  a  Guardian  for  the  s'?  Minor 
whose  consent  to  the  said  Divisional  Agreement  shall  be  as  effectual 
for  the  Confirmation  thereof  as  if  the  said  Minor  were  of  full  age  and 
had  Executed  the  same  ;  Any  Law  usage  or  Custom  to  the  contrary 
notwithstanding^/ —  [^Passed  November  21. 


94 


PROVINCE  Laws  (^Private  Acts) .  — 1717-18.     [No.  oG.] 


[I^o.  36.] 


From  the  en- 
groBsraent. 
Pioviuce  Laws, 
ii.,  93,  note. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1717,  Nov.  14, 
19,  21.     Legis- 
lative Records 
of  the  Council, 
X.,  192,  200,  202. 
Records  of  the 
Superior  Court 
of  Judicature, 
1715-1721,  fol. 
264,  302. 


AN  ACT  ENABLING  JOHN  PORTER  TO  BRING  FORWARD  AN  APPEAL 
TO  THE  SUPERIOUR  COURT  TO  BE  HELD  IN  MAY  NEXT  IN  THE 
COUNTY  OF  ESSEX 

Whereas  Johii  Porter  of  Wenham  by  bis  Petition  to  this  Court  hath 
Shewed  forth  That  in  the  Month  of  June  1714  the  Court  of  Sessions 
for  the  County  of  Essex  appointed  a  Committee  to  go  to  Wenham  to 
Enquire  and  View  whether  Mf  Freeborn  Bolch  of  Beverly  had  any  Con- 
venient highway  laid  out  to  his  Land  in  Wenham  And  altlio  the  Select- 
men of  the  said  Town  had  laid  out  a  highway  over  the  Petitioners  Land 
yet  the  said  Committee  laid  out  another  way  runing  thro  the  Petitioners 
Land  very  much  to  his  Damage  &  made  report  of  their  doings  therein 
to  the  s*?  Court  of  Sessions  the  28^''  of  December  One  Thousand  Seven 
hundred  and  fourteen  who  Contrary  to  Law  Approved  thereof  and  Con- 
firmed the  same  in  the  Petitioners  Absence  &  so  he  had  no  Opportunity 
to  Appeal  from  their  Judgement  which  he  Conceived  AYrong  and  Erro- 
nious  And  therefore  prayed  that  this  Court  would  Grant  him  the  benefit 
of  an  Appeal  from  the  said  Courts  Judgement  to  the  next  Superiour 
Court  of  Judicature  &  Court  of  Assize  to  be  holden  for  the  said  County 
of  Essex  that  so  he  might  have  a  fair  Tryal  «fef 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  Assembled  and  by  the  Authority  of  the 
same 

That  the  said  John  Porter  be  and  hereby  is  Enabled  to  Appeal  from 
the  said  Judgement  of  the  Court  of  Sessions  of  the  peace  to  the  next 
Superiour  Court  of  Judicature  Court  of  Assize  and  General  Goal 
Delivery  to  be  holden  at  Ipswich  for  the  County  of  Essex  on  the  Third 
Tuesday  of  May  next  And  the  Judges  of  the  said  Superiour  Court  &f 
are  hereby  Authorized  to  hear  and  hold  plea  of  the  said  Cause  and 
proceed  to  Judgement  in  the  premisses  According  to  the  Course  of  the 
Common  Law  Provided  the  said  John  Porter  file  his  reasons  of  appeal 
in  the  Clerks  Office  of  the  said  Superiour  Court  of  Judicature  Court 
of  Assize  and  General  Goal  Delivery  Seven  Days  before  the  Setting 
of  the  said  Court  Any  Law  Usage  or  Custom  to  the  Contrary  Not- 
withstanding;/—  \_Passed  November  21, 


[3d  Sess.]     Vrovi^ce  'LA^\8  (Private  Acts).  —  1717-18.  95 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Sixth  day  of  February,  A.D.   1717-18. 


[^o-  37.] 

AN  ACT  TO  ENABLE  JOSEPH  BUCKMINSTER  BENJAMIN  BRIDGES  AND 
JONAS  EATON  ON  BEHALF  OF  THE  TOWN  OF  FRAMINGHAM  TO 
BRING  FORWARD  THEIR  APPEAL  FROM  THE  SESSIONS  OF  THE 
PEACE  IN  MIDDLESEX  TO  THE  COURT  OF  ASSIZE  AND  GENERAL 
GOAL  DELIVERY  TO  BE  HELD  IN  CAMBRIDGE  FOR  THE  COUNTY 
OF   MIDDLESEX./ 

Whereas  Joseph  Buckminster  Benjamin  Bridges  and  Jonas  Eaton  Pos;!,  No.  43. 
for  and  on  behalf  of  the  Town  of  Framingham  by  their  Petition  to  this  No  engross- 
Court  have  shewed  forth,  that  they  apprehend  the  said  Town  is  greatly  From"  the  bui  in 
injured  by  a  Sentence  of  the  Court  of   Sessions  of  the  Peace  for  the  |"ifs'i98i7"'^' 
County  of  Middlesex,  in  a  cause  between  the  Select  Men  of  Weston  on  journals  of  the 
the  one  part  and  the  Select  Men  of  Framingham  on  the  other  part,  House  of  Rep- 
from  which  Sentence  two  of  the  said  Petitioners  in  behalf  of  the  said  nn-is,  Feb.  7, 
Town  of  Framingham  appealed  to  the  Court  of  Assize  and  General  fgiaUveRe^ofds 
Goal  Delivery  which  w^as  holden  at  Charlestown  in  January  last  past  of  the  Council, 
which  appeal  was  accepted  and  allowed  by  the  said  Court,  but  by  mis-  Middlesex'" 
take  the  Appellants  did    neglect  to   enter  into  Recognizance  for  the  ^i°JJg*.°pif//' 
Prosecution  of    the  said  appeal  until  four  dayes  next  after  the  said  Dec. ,1717;' 
Sentence  and  then  out  of  Court  before  a  Judge,  whereas  It  ought  to  J^''pp|'34^j3]i. 
have  been  in  Court  within  two  Hours  after  the  said  Sentence  was  pro-  Suffolk  court 
nounced  w^hereby  the  said  Petitioners  were  precluded  the  Benefit  of  Recordrof'the 
their  said  appeal,  and  thereupon  Praying  this  Court  to  Enable  them  to  Superior  Court 
bring  forward  the  said  Cause  by  appeal  before  the  said  Court  at  their  1715-1721,  foi.' 
next  Sessions  in  the  said  County.  "^^* 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  and 
Representatives  in  General  Court  assembled  and  by  the  authority  of  the 
same 

That  the  said  Joseph  Buckminster,  Benjamin  Bridges  and  Jonas 
Eaton  in  behalf  of  the  said  Town  of  Framingham  Be  and  hereby  are 
Impowerd  to  bring  forward  the  said  Cause  by  way  of  appeal  to  be 
heard  and  tryed  at  the  next  Court  of  Assize  and  General  Goal  De- 
livery to  be  held  at  Cambridge  for  the  County  of  Middlesex  upon  the 
last  Tuesday  in  July  next  ensuing  and  the  hou''!'^  the  Judges  of  the  said 
Court  are  hereby  fully  authorized  to  try  the  same  accordingly  Provided 
that  the  said  Joseph  Buckminster  Benjamin  Bridges  and  Jonas  Eaton 
in  behalf  of  the  said  Town  of  Framingham  at  the  next  Sessions  of  the 
Peace  holden  for  the  said  County  of  Middlesex  Enter  into  Eecogni- 
zance  which  the  Justices  of  the  said  Court  are  hereby  Directed  and 
Impowered  to  take.  Giving  Bond  for  the  Prosecuting  their  appeal  and 
file  their  Reasons  of  Appeal  in  the  Clerks  Office  of  the  Court  appealed 
to  seven  dayes  before  the  Sitting  thereof  any  Law  Usage  or  Custom  to 
the  Contrary  notwithstanding.     [^Passed  Ftbruary  13,  1717-18. 


PRIVATE   ACTS, 

Passed    1718-19. 


[97] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-eighth  day  of  May,  A.D.  1718. 


[:N'o.  38.] 

an  act  for  the  reviving  a  bill  filed  by  richard  and  heph- 
sibah  coomes  in  his  majesty's  superiour  court  of  judicature 

&£:V  FOR  THEIR  RIGHT  OR  EQUITY  OF  REDEMPTION  OF  A  MORT- 
GAGE MADE  BY  JOSEPH  NEWELL  THEIR  FATHER,  OF  HIS  FARM  AND 
LAND  IN  ROXBURY  IN  THE  COUNTY  OF  SUFFOLK  TO  FLORENCE 
MACCARTY  LATE   OF   BOSTON  VICTUALLER  DECEASED./  — 

Whereas  in  and  by  an  Order  of  this  Great  and  General  Court  or  From  the  en- 
Assembly  at  their  Session  in  November  1715  It  was  Voted  In  answer  Irovlnce^Laws 
to  the  Petition  of  the  said  Kichard  Coomes  and  Hephsibah  his  Wife  ii.,  123,  note, 
then  preferred  That  the  Petitioners  ought  to  have  the  Equity  of  Re-  HouTe^'of  uVp-^ 
demption,  inasmuch  as  the  mortgage  made  to  Florence  Maccarty  by  lesentatives, 
Joseph  Newell  the  Father  of  the  Petitioners  was  not  Recorded  until  j'^ne  i,^u,  15, 
April  the  7*  1714  by  reason  whereof  they  were  defeated  of  the  Benefit  n'li^l'^^^s.^^' 
of  an  act  for  hearing  and  determining  of  cases  in  Equity  made  and  iiis)  june4,'io, 
Pass'd  in  the  Tenth  year  of  the  Reign  of  King  William  the  third  e?  L\'atfve^Recor''da 
and  that  they  be  Impowered  to  file  a  Bill  for  their  Right  or  Equity  of  of  the  Council, 
Redemption  in  the  next  Court  or  Courts  of  Law  proper  to  hear  the  254.  256, 259.  ' 

Coirip  Suffolk  Court 

And   JMiereas  the  hon''!""  Judges  of  the  Superiour  Court  of  Judica-  1299-1'.    Records 
ture  before  whom  the  Case  properly  lay  did  not  proceed  to  Relieve  court  ofTudica. 

them  because  the  af orerecited  Order  of  this  Court  had  not  the  form  of  ture,  1715-1721, 

-r  foi.  57. 

a  Law. 

Be  it  therefore  Enacted  by  his  Excellenai  the  Governour  Council  and 
Rej^resentatives  in  Genercd  Court  assembled  and  by  the  authority  of  the 
Same 

That  the  aforerecited  Bill  now  filed  with  the  Superiour  Court  of 
Judicature  e^^  by  the  saitl  Richard  and  Hephsibah  Coomes  for  their 
Right  or  Equity  of  Redemption  be  and  hereby  is  Revived  and  Directed 
to  remain  in  force  And  that  the  Hon''!'^  Judges  of  the  s''  Superiour  Court 
at  their  next  Sessions  within  and  for  the  County  of  Suffolk  proceed 
to  Judgement  and  award  Execution  thereon  accordingly  Any  Law 
Usage  or  Custom  to  the  contrary  tiiereof  Notwithstanding.  [_Passed 
Jane  19. 

[99] 


100  Province  Laws  (PWm^e^cAs).  — 1718-19.     [No.  39.] 


[IsTo.  39.] 


AN  ACT  TO  ENABLE  THOMAS  HARVY  OF  TAUNTON  IN  THE  COUNTY 
OF  BRISTOL  YEOMAN  TO  BRING  FORWARD  HIS  APPEAL  AT  THE 
SUPERIOUR  COURT  NEXT  TO  BE  HOLDEN  AT  BRISTOL  WITHIN  AND 
FOR  THE  COUNTY  OF  BRISTOL  FROM  A  JUDGEMENT  OF  THE  IN- 
FERIOUR  COURT  OF  COMMON  PLEAS  HELD  AT  BRISTOL  THE  SEC- 
OND TUESDAY  OF  APRIL  1717,  IN  A  PLEA  OF  TRESPASS  ORIGINALLY 
COMMENCED  BY  JOHN  GODFREY  AND  JOANNA  HIS  WIFE  AGAINST 
JAMES    PAUL: 

From  the  en-  Whereas  John  Godfrey  and  Joanna  his  Wife  at  a  Court  in  January 

Province  Laws,  1716  at  Bristol  had  an  Action  of  Trespass  against  James  Paul  who 
11.,  123,  note.  youched  in  Nicholas  Moorey,  and  the  said  Moorey  summoned  or 
Hou'b'eVf  Kep-^  vouchcd  in  the  said  Thomas  Harvey,  who  appeared  and  helped  to 
mT-ifpeb'  defend  the  said  Action  at  the  next  Inferiour  Court  in  said  County, 
14;  1718,  juLe  wheu  and  where  Judgement  went  against  the  said  Moorey  for  the  Sum 
LegisiaiVveRec-  ^^  cleveu  Pouuds  fifteen  Shillings  &  seven  Pence  Damage  &  Costs  ; 
ords  of  Uie  froui  which  Judgement  the  said  Moorey  appealed  and  filed  his  Reasons 
25°" 202,' 268.  '  accoixliug  to  Law  ;  But  thro  the  Ommission  of  the  said  Nicholas  Moorey 
Records  of  the    instead  of  the  said  Harvey's  being  Enter'd  the  Defendant  the  before 

bnpcnor  Lourt  .  i-^-r-ii  -»»-  ht 

of  Judicature,     mentioned  iSicholas  Moorey  was  called  the  Defendant  who  only  had 
244^311!'^'  °''     vouched  in  the  said  Harvey  ;    By  Means  of  which   Mistake  the  said 
Harvey's  Appeal  was  dismist. 

Be  it  therefore  Enacted  by  Ids  Excellency  the  Governour  Corincil  and 
Representatives  in  General  Court  assembled  and  by  the  Authority  of  the 
same 

That  the  said  Thomas  Harvey  be  and  hereby  is  Authorized  &  Im- 
power'd  to  bring  forward  his  said  Appeal  upon  the  former  Reasons  of 
Appeal  at  the  Superiour  Court  of  Judicature  next  to  be  holden  at  Bristol 
for  &  within  the  County  of  Bristol,  any  Mistake  in  the  Recognizance 
notwithstanding,  and  that  the  Judges  of  the  said  Court  are  hereby  Im- 
powered  and  Directed  to  proceed  to  Tryal  of  the  said  Cause  ;  Any  Law, 
Usage  or  Custom  to  the  Contrary  thereof  in  any  wise  notwithstanding. 
[^Passed  June  25, 


[1st  Sess.]     Province  Laws  (^Private  Acts) .  —  1718-19.  101 


[No.  40.] 

AN  ACT  TO  ENABLE  SAMUEL  FISH  OF  FALMOUTH  IN  THE  COUNTY  OF 
BARNSTABLE  TO  FILE  REASONS  OF  APPEAL  ANEW  AND  PROSECUTE 
HIS  APPEAL  TO  THE  SUPERIOUR  COURT  OF  JUDICATURE  COURT  OF 
ASSIZE  AND  GENERAL  GOAL  DELIVERY  NEXT  TO  BE  HOLDEN  AT 
PLYMOUTH  FOR  THE  COUNTIES  OF  PLYMOUTH  BARNSTABLE  ERA 
IN  A  CAUSE  BETWEEN  THE  SAID  SAMUEL  FISH  APPELLANT  AND 
OUR  SOVEREIGN  LORD  THE  KING  APPELLEE 

Whereas  at  the  Court  of   General  Sessions  of  the  Peace  held  at  *'rom  the  en. 
Barnstable  aforesaid  on  the  first  Tuesday  of  July  1717  the  said  Samuel  provTnce^  Laws,. 
Fish  was  presented  by  the  Grand  Jury  for  the  Body  of  the  said  County  "■>  ^^^'  ^^t*^- 
for  Stealing  or  theivishly  taking  away  from  one  John  Dillingham  Juuf  h^Ju™* of  Rep'-*^ 
of  Sandwich  two  Barrels  of  Turpentine  or  near  two  Barrels  when  they  resentatives, 
stood  in  the  Woods  on  the  Indians  Land  between  Barnstable  Town  19, 24,' 27.    Leg- 
and  Falmouth  sometime  the  last  Fall  or  since  And  that  upon  Tryal  at  onheVoun°if^ 
the  said  Court  the  said  Fish  was  found  guilty  and  Judgement  Pass'd  x.,  228,  251,254, 
against  him  accordingly  from  which  Judgement  he  did  appeal  to  the  foncCoiin" 
Court  of  Assize  and  General  Goal  Delivery  which  was  held  at  Pljmi-  |'''i^f,>  ^^^^\ 
outh  for  the  said  Counties  of  Plymouth  Barnstable  e?^  on  the  last  Tues-  of  the  Superior 
day  of  March  last,  and  became  bound  to  prosecute  His  s'?  appeal  as  ung' ins'-mr* 
the  Law  directs,  having  sufficient  Evidence  as  he  saith  to  prove  him-  foi.  4,218. 
self  intirely  innocent  of  the  Fact  wherewith  he  has  been  charged.  And 
that  he  did  as  the  Law  directs  in  such  cases  in  due  time  file  his  Reasons 
of  Appeal  in  the  proper  office  before  the  sitting  of  the  s'^  Court  in  order 
to  have  had  that  matter  fairly  heard  before  the  Judges  of  the  said  Court 
of  Assize  ef  so  that  the  said  Judgement  or  Sentence  might  be  reversed  ; 
But  by  a  mistake  which  was  made  in  the  Title  of  the  Cause  in  the  said 
Reasons  of  Appeal  wherein  the  said  Samuel  Fish  was  named  as  appel- 
lant, and  one  John  Dillingham  the  Prosecutor  was  named  as  Appellee, 
instead  of  His  Majesty  King  George,  The  Judges  of  the  s'-'  Court  did 
not  think  fit  to  suffer  the  said  Fish  to  have  the  Benefit  of  his  appeal, 
but  confirmed  the  former  Sentance  of  the  said  Inferiour  Court  or  Court 
of  General  Sessions  of  the  Peace  as  aforesaid. 

Be  it  therefore  Enacted  by  the  Govei'iiour  Council  and  Representatives 
in  General  Court  assembled  and  by  the  Authority  of  the  same 

That  the  said  Samuel  Fish  have  leave  and  be  enabled  to  file  his 
Reasons  of  Appeal  anew  in  the  proper  office,  and  prosecute  his  appeal 
to  the  Superiour  Court  of  Judicature  Court  of  Assize  and  General  Goal 
Delivery  next  to  be  holden  at  Plymouth  for  the  Counties  of  Plymouth 
Barnstable  e™  in  the  said  Cause  wherein  the  said  Samuel  Fish  must  be 
appellant,  and  our  said  Sovereign  Lord  the  King  Appellee  And  the  Jus- 
tices of  the  said  Court  are  hereby  Directed  and  Authorized  to  hear  and 
determine  the  said  appeal  Any  Law  Usage  or  Custom  to  the  contrary 
notwithstanding     [^Passed  June  28. 


102 


Province  Laws  (^Private  Acts).  —  1718-19.     [No.  41,] 


[:n'o.  41.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  123,  note. 
Resolves,  1693- 
4,  chap.  12; 
1705-6,  chap.  76; 
1706-7,  chap. 98; 
1707,  chap.  78. 
Legislative  Rec- 
ords of  the 
Council,  X.,  265, 
269,  271,  275. 
Journala  of  the 
House  of  Rep- 
resentatives, 
1716.  June  6,  11, 
13;  Nov.  28,  30; 

1718,  June  18, 
21,  26,  27  ;  Nov. 
6.    Salisbury 
Town  Records, 
1700,  June  13; 

1719,  Sept.  8, 25; 

1720,  March  28. 
Suffolk  Court 
Files,  2608,  8616, 
13031, 13575, 
15569. 


AN  ACT  TO  ENABLE  RICHARD  CARR  &  JAMES  CARR  OF  NEWBURY 
TO  BRING  FORWARD  THEIR  APPEAL  AT  THE  SUPERIOUR  COURT 
NEXT  TO  BE  HOLDEN  AT  SALEM  WITHIN  AND  FOR  THE  COUNTY 
OF  ESSEX  FROM  A  JUDGEMENT  OF  THE  INFERIOUR  COURT  OF 
COMMON  PLEAS  HELD  AT  NEWBURY  FOR  THE  COUNTY  OF  ESSEX 
ON  THE  LAST  TUESDAY  IN  SEPTEMBER  1717.  IN  AN  ACTION  OF 
TRESPASS  UPON  THE  CASE  COMMENCED  AGAINST  EDWARD  SER- 
GEANT OF  NEWBURY. 

Whereas  the  said  Richard  &  James  Carr  had  an  Action  of  Trespass 
at  an  Inferiour  Court  at  Newbury  in  September  1717  against  Edward 
Sergeant,  when  and  where  Judgement  was  given  in  Bar  against  the  said 
Richard  Carr  and  James  Carr,  from  which  Judgement  the  said  Richard 
Carr  appealed  and  filed  the  Reasons  of  Appeal  according  to  Law  ;  But 
by  Mistake  entered  into  the  Bonds  of  Appeal  in  his  own  Name,  and 
not  jointly  with  the  said  James  Carr,  for  which  Reason  the  said  Carrs 
Appeal  was  dismist. 

Be  it  therefore  Enacted  by  Ms  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  Assembled  and  by  the  Authority  oj 
the  same 

that  the  said  Richard  and  James  Carr  be  and  hereby  are  Authorized 
and  Impowered  to  bring  forward  their  Appeal  at  the  Superiour  Court 
of  Judicature  next  to  be  holden  at  Salem  for  &  within  the  County  of 
Essex  any  Mistake  in  the  Bonds  or  Reasons  of  Appeal  notwithstanding  ; 
The  former  Judgements  for  Costs  not  to  be  reversed  ;  And  the  Judges 
of  the  said  Court  are  hereby  Impowered  &  Directed  to  proceed  to 
Tryal  of  the  said  Cause,  Any  Law,  Usage  or  Custom  to  the  Contrary 
notwithstanding.     [^Passed  June  28. 

Records  of  the  Superior  Court  of  Judicature,  1715-1721,  fol.  21,  212,  263,  275,  302;  1721- 
1725,  fol.  10.  Essex  Inf.  Court  of  Common  Pleas,  Sept.,  1698;  June,  1700;  Sept., 
1705;  Sept.,  1717;  Sept.,  1719  :  Files;  Records.  Essex  Court  of  Sessions  :  Files, 
April  and  June,  1711 ;  Records,  1696-1718,  pp.  252,  303,  305. 


[1st  Sess.]     Province  Laws  {Private  Acts).  —  1718-19.  103 


\^o.  42.] 

AN  ACT  TO  ENABLE  MARY  EVANS  WIFE  OF  JONATHAN  EVANS  LATE 
OF  BOSTON  NOW  OF  FYALL  MERCHANT  TO  MORTGAGE  A  PART  OF 
HER  ESTATE  IN  HOUSING  &  LAND  WHICH  APPERTAIN  AND  BELONG 
UNTO  HER  IN  RIGHT  OF  HER  FATHER  ROBT  BRONSDON  LATE  OF 
SAID    BOSTON   MERCHANT   DECEASED. 

Whereas  the  said  Jonathan  Evans  hath  been  at  Fyall  more  than  Six  From  the  en- 
years  where  he  hath  lately  been  so  unhappy  as  to  be  Seduced  to  the  provlucTLawa 
Romish  Religion  and  lives  in  an  Estrangement  from  his  said  Wife  and  "•.  123,  note. 
Family  and  utterly  neglects  to  send  any  thing  to  their  Relief e  and  Main-  n'ousTof  rV!'^ 
tenauce  So  that  She  has  no  Reason  to  expect  an}'  Assistance  from  him  resentatives, 
for. herself  and  Children  whom  he  is  obliged  by  Law  to  Support.  27 ■  Juiy"f,  3^' 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour,  the  Council,  l"^'''.'^  P'obate 
and  Representatives  in  General  Court  assembled  and  by  the  Authority  of  pp.  52,  see.  '    ' 

fhfi  tamp  Suffolk  Regi.s- 

UIK  bailLK  jj.y  Qf  Deeds, 

That  the  said  Mary  Evans  have  Liberty  to  take  up  a  Sum  not  exceed-  ijb.  23,  foi.  i82; 
ing  One  hundred  and  Fifty  Pounds  for  the  Support  of  her  Self  and  Chil-  ubiss]  fCi;228; 
dren,  upon  the  Real  Estate  belonging  to  her  in  right  of   her  Father  {-u'll'f^HA^' 
Robert  Bronsdon  aforesaid  and  be  and  hereby  is  authorised  and  Im- 
powered  to  P^xecute  a  good  and  Sufficient  Deed  or  Deeds  of  Mortgage 
for  the  Same,  her  Coverture  and  any  Law  Usage  or  Custom  to  the  con- 
trary Notwithstanding.     \_Passed  July  3. 


lOJ.  Province  Laws  (PWva^e^c^s).  — 1718-19.     [No.  43.] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-ninth  day  of  October,  A.D.  1718. 


[No.  43.] 

AN  ACT  TO  ENABLE  JOSEPH  BUCKMINSTER  BENJAMIN  BRIDGES  AND 
JONAS  EATON  IN  BEHALF  OF  THE  TOWN  OF  FRAMINGHAM  TO 
BRING  FORWARD  AN  APPEAL  WHICH  FAILED  THROUGH  A  DEFECT 
IN  REASONS  OF  APPEAL  FILED  BY  THE  SAID  JOSEPH  BUCKMINSTER 
BENJAMIN  BRIDGES  &  JONAS  EATON  IN  BEHALF  OF  THE  SAID 
TOWN. 

Ante,  No.  37.  Wpiereas  at  the  Coui't  of  Assize  and  General  Goal  Delivery  holdeu 

From  the  en-  "  " 

grossmt'Ut. 


at  Cambridge  for  the  County  of  Middlesex  the  last  Tuesday  in  July 
riovince  LawB,  last  past  the  said  Joseph  Buckminster  and  the  other  Persons  before 
11.,  123,  note.       j^amed  were  Appellants  on  Behalf  of  the  said  Town  of  P'ramingham  in 

Journals  of  the  "-^  liioi^-nr  /^jirxi  <?  -vtt-  t 

House  of  Rep-  a  Case  between  them  and  the  Select  Men  or  the  iown  of  Weston,  But 
i7irNov.^5,' 13  ^^  their  Reasons  mistaking  &  inserting  the  Town  of  Charles-Town  for 
14.  'Legislative  Cambridge,  where  the  said  Court  of  Assize  was  to  be  holden  ;  For  that. 
Coudhux.,  298.  Fault  the  Reasons  were  quashed,  and  the  Cause  could  not  then  pro- 
^M^°^^no?,^''*     ceed :  As  more  fully  appears  by  the  Petition  of  the  said  Joseph  Buck- 

Flies,  12810.  ■       I        p       4.      .,  ■      r^         I  -laj  i- 

minster  &c  to  this  Court  praying  Redress  herein 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Coiincil  and 
Representatives  in  General  Co%irt  assembled  and  by  the  Authority  of  the 
same. 

That  the  said  Joseph  Buckminster  Benjamin  Bridges  and  Jonas 
Eaton  in  Behalf  of  the  said  Town  of  Framiugham  be  &,  hereby  are  im- 
powered  to  bring  forward  the  said  Cause  by  Way  of  an  Appeal  to  be 
heard  &  tryed  at  the  next  Court  of  Assize  and  General  Goal  Delivery 
to  be  holden  at  Charles-Town  for  the  County  of  Middlesex  on  the  last 
Tuesday  of  January  next  ensuing ;  And  the  Hon'''''  the  Judges  of  the 
said  Court  are  hereby  fully  Authorized  to  try  the  same  accordingly  ; 
Provided  that  the  said  Joseph  Buckminster,  Benjamin  Bridges  and 
Jonas  Eaton  in  Behalf  of  said  Town  of  Framingham  file  their  Reasons 
of  Appeal  in  the  Office  of  the  Clerk  of  the  Court  appealed  to  seven 
Days  before  the  Sitting  thereof  &  notify  the  adverse  Party  of  the 
same  ; 

Provided  also  the  Judgement  already  given  for  Costs  be  not  reversed  ; 
Any  Law,  Usage,  or  Custom  to  the  Contrary  notwithstanding.  \_Passed. 
November  14. 


PRIVATE    ACTS. 


Passed    1719  —  20, 


[105] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-seventh  day  of  May,  A.D.  1719. 


[No.  44.] 

AN  ACT  TO  ENABLE  DANIEL  BARTLETT  OF  MENDON  TO  BRING  FOR- 
WARD AN  ACTION  OF  THE  CASE  BETWEEN  NATHANIEL  AND  TIM- 
OTHY HALLO  WAY  OF  TAUNTON  &  THE  SAID  BARTLETT  AT  THE 
SUPERIOUR  COURT  NEXT  TO  BE  HOLDEN  AT  BRISTOL  WITHIN  & 
FOR  THE   COUNTY  OF  BRISTOL. 

Whereas  Nathaniel  Halloway  «&;  Timothy  Halloway  of  Taunton  in  From  the  en- 
the  County  of  Bristol  at  an  Inferiour  Court  in  the  said  County  in  the  ProvlnMrLaws, 
Year  one  Thousand  seven  Hundred  &  Ten  commenced  an  Action  of  "•>  i23>  note, 
the  Case  against  the  said  Daniel  Bartlet,  that  he  sliould   render  an  o^j  ofthe  ^^"^ 
Accompt  to  them  the  said  Halloways  of  the  Earning  &  Produce  of  the  Council,  x.,  74, 

T  1         .L  T  iTr      1        i         T  ■       T^  'r  ■  •  1     /-^  i  i  110, 114, 390, 392, 

Iron  made  at  an  Iron  Work  standing  in  Jbree-iown  in  said  County,  at  393]   joumaiB 
which  said  Inferiour  Court  &  likewise  at  the  Superiour  Court  in  the  of  the  House  of 
said  Year  1710  the  said  Daniel  Bartlett  obtained   Judgement  against  tives,  i-i6,_June 
the  said  Halloways  ;  But  upon  the  Review  the  said  Bartlett  was  cast  &  ^''.  nw',  juue' 
Judgement  given  against  him  to  render  an  Accompt  to  the  Plaintiffs  25,' 27, 29.    Suf- 

folk  Court 

of  the  Earnings  &  Produce  of  the  Iron  made  at  the  Iron  Works  sued  Files,  9822, 9830, 
for  in  the  Writt  in  three  Months  Time,  Or  to  pay  the   vSum  of  Twenty  12902. 12907, 
Pounds  &  Costs  of  Suits  ;  And  although  the  said  Daniel   Bartlett  used  Records  of  the 
his  utmost  Endeavour  to  render  an  Accompt  according    to  the   said  of' juXcature? 
.Judgement  by  his  Attorney  (he  being  out  of  the   Province  &  under  1715-1721,  foi. 
Lameness)  &  the  said  Halloways  were  not  to  be   found  Yet  notwith- 
standing Execution  was  issued  out  &  extended  for  the  whole  Twenty 
Pounds  &  Costs  as  if  no  such  Accompt  had  bin  tendered  ;  * 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same 

That  the  said  Daniel  Bartlett  be  &  hereby  is  authorized  &  impowered 
to  bring  forward  his  said  Action  of  the  Case  De  Novo  at  the  Superiour 
Court  of  Judicature  next  to  be  Holden  at  Bristol  for  &  within  the 
County  of  Bristol,  the  Execution  notwithstanding  ;  And  the  Judges  of 
the  said  Court  are  hereby  impowered  &  directed  to  proceed  to  Tryal  of 
the  said  Cause,  Any  Law  Usage  or  Custom  to  the  Contrary  in  any  wise 
notwithstanding.     \_Passed  June  29. 

*  Sic. 
[107] 


108 


Province  Laws  {Private  Acts) .  —  1719-20.      [No.  45.] 


PRIVATE   ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Fourth  day  of  November,  A.D.  17 19. 


[No.  45.] 


Post,  Nos.  52, 
55. 

From  the  en- 
grossmeut. 
Province  Laws, 
ii.,  158,  note. 
Journals  of  the 
House  of  Repre- 
eeatatives,  1719, 
Nov.  11,  19. 
Legislative  Rec- 
ords of  the 
Council,  X.,  400, 
406,411,416,418. 
Sewall's  Diary, 
iii.,  287.    Essex 
Inf.  Court  of 
Common  Pleas  : 
Files,  May,1720; 
Records,  Dec, 
1719.     Suffollj 
Court  Files, 
11305,  11783, 
13446,  13548, 
13688,  13880, 
14609,  14678, 
14982,  15515, 
15832,  16281, 
27513,  28300, 
28352. 


AN  ACT  TO  ENABLE  CHRISTOPHER  TAYLOUR  OF  BOSTON  TO  BRING 
FORWARD  A  NEW  TRYAL  BY  REVIEWING  A  CAUSE  BETWEEN  THE 
EXECUTORS  OF  JAMES  TAYLOUR  DECp  AND  THE  SAID  CHRISTO- 
PHER TAYLOUR  AT  THE  NEXT  INFERIOUR  COURT  OF  COMMON 
PLEAS  TO  BE   HELD    AT  BOSTON  WITHIN  THE  COUNTY  OF  SUFFOLK: 

Whereas  in  the  Year  One  Thousand  seven  Hundred  and  seventeen 
the  P^xecutors  to  James  Taylour  of  Lyn  in  the  County  of  Essex  Gen- 
tleman Dec"?  did  obtain  a  Judgement  by  Default  for  the  Sum  of  sev- 
enty five  Pounds  &  Costs  against  Christopher  Taylour  of  Boston  in 
the  County  of  Suffolk  Mariner,  Who  was  then  out  of  this  Province  & 
taken  by  the  Pirates  and  so  uncapable  of  Making  a  Defence  : 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same 

That  notwithstanding  the  said  Judgement  by  Default  is  passed,  the 
said  Christopher  Taylour  is  hereby  Authorized  &  Impowered  to  bring 
on  a  new  Tryal  by  Reviewing  said  Cause  at  the  next  luferiour  Court 
of  Common  Pleas  to  be  held  at  Boston  for  &  within  the  said  County 
of  Suffolk,  And  that  either  Party  have  the  further  Liberty  of  Appeal- 
ing to  &  Reviewing  in  the  Superiour  Court  as  in  other  Cases  according 
to  the  Course  of  the  Law,  And  the  Judges  of  the  said  Courts  are  hereby 
Impowered  &  Directed  to  proceed  to  a  new  Tryal  of  the  aforesaid 
Cause  accordingly.  Any  Law,  Usage,  or  Custom  to  the  Contrary  ia 
any  wise  notwithstanding.      [Passed  November  19, 


[2d  Sess.]     Province  L  aw  a  {Frivate  Acts).  —  1719-20.  109 


[No.  46.] 


AN  ACT  TO  ENABLE  JOHN  BARREL  OF  BOSTON  TO  MAKE  SALE  OF 
TWO  SEVERAL  TENEMENTS  [SCITUATE  IN  COR]NHILL  STREET  BOS- 
TON TO  DISCHARGE  A  MORTGAGE  BY  HIM  &  HIS  LATE  WIFE  MADE 
THEREON. 

Whereas  Mary  Ardell  Mother  in  Law  to  the  said  John  Barrel  did  ^^^^'^^^f,,^"" 
iu  &  by  a  certain  Instrument  in  Writing  Give  &  Grant  unto  him  &  province  Laws, 
Abiah^his  late  Wife  late  Deceased  (which  Abiah  was  oaly  Daughter  >J-J^^J^j^°*j*^-^i^^ 
of  the  said  Mary  Ardell)  three  several  Tenements  with  the  Land  under  House  of  Rep- 
&  to  the  same  belonging,  scituate  in  Cornhill  Boston  to  be  holden  by  ifig'^Novfis, 
the  said  John  Barrel  &  Abiah  his  late  Wife  &  to  the  Heirs  &  Assigns  28^^Deo^;2^3.J^_ 
of  the  said  Abiah  for  Ever,  Which  said  Tenements  were  laid  wast  &  or'ds  of  the 
consumed  in  the  late  great  Fire  in  Boston,  And  the  said  John  Barrel  ^^^^i'^i  ^^^^^^' 
&  his  said  Wife  in  her  Life  Time  did  see  Cause  for  the  Benefit  of  them  folk  Probate 
selves  &  Children  to  build  with  Brick  upon  the  said  Land  &  did  expend  p.''345.'^''suffoik 
of  their  own  Money  tlie  Sum  of  Four  Hundred  Pounds  &  took  up  at  g^|jfg*''>j°^2o 
Interrest  the  Sum  of  Five  Hundred  Pounds  more  for  which  Sum  they  foi.403;  u'b.  34, 
mortgaged  two  of  the  said  Tenements,  which  the  Mortgagee  has  now  ioL20b. 
taken  by  Execution  for  the  Sum  of  Six  Hundred  &  Eighty  Pounds, 
when  the  said  Estate  is  worth  one  Thousand  Pounds,  And  the  said 
John  Barrel  being  rendered  unable  to  redeem  the  said  premisses  : 

Be  it  therefore  Enacted  hy  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  hy  the  Authority  of  the 
same 

That  the  said  John  Barrel  be  &  hereby  is  Impowered  to  make  Sale 
of  the  Estate  mortgaged,  And  that  he  give  Security  to  the  Judge  of 
Probate  for  the  County  of  Suffolk  for  the  Overplus,  That  the  Principal 
at  his  Death  may  come  to  &  be  divided  among  the  Heirs  of  Abiah  his 
late  Wife,  Any  Law,  Usage  or  Custom  to  the  Contrary  thereof  in  any 
wise  notwithstanding     \_Passed  December  8. 


PRIVATE    ACTS, 

Passed    1720—21. 


[Ill] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirteenth  day  of  July,  A.D.  1720. 


[N"o.  47.] 

AN  ACT  ENABLING  ELIZABETH  CARDER  WIDDOW  TO  COMENCE  AN 
ACTION  AT  COMMON  LAW  ON  AN  AUTHENTICK  COPY  OF  A  CERTAIN 
BOND  ENTERED  INTO  BY  ANTHONY  HAYWOOD  OF  BOSTON  MER- 
CHANT DECEASED  ON  THE  SEYENTH  DAY  OF  AUGUST,  ONE  THOU- 
SAND SIX  HUNDRED  &  EIGHTY  EIGHT  IN  THE  PENAL  SUM  OF  TWO 
HUNDRED  AND  FOURTY  POUNDS  CONDITION  FOR  THE  PAYMENT 
OF  ONE  HUNDRED  AND  TWENTY  POUNDS  WITH  INTEREST  UNTO 
ELIZABETH    LEMON   SINCE   DECEASED. 

Whereas    Elizabeth    Carder  widdow  formerly  Elizabeth    Lemmon  From  the  en- 
Daughter  of  Elizabeth  Leiliou  who  intermarryed  with  Thomas  Willis  of  f™**™''"). 

°        _  ''    ,    .  .  Province  Laws, 

Boston  Gold-Smith  both  deceased  by  her  Petition  to  this  Court  hath  ii.,  i95,  note. 
Shewed  forth  that  Anthony  Haywood  afores'-  on  the  Seventh  Day  of  Journals  of  the 

•'  xIOUSC  01  iv61)rG- 

August  Anno  One  Thousand  Six  Hundred  and  Eighty  Eight  by  a  cer-  sentatives,  1720, 
tain  Obligation  became    bound  unto  the  said  Elizabeth  Leihon  since  Nov  25'.  "Leais- 
dec''  in  the  penal  Sum  of  Two  Hundred  and  Eourty  Pounds,  Condi-  lative  Records 
tioned  for  the  payment  of    One  Hundred  and  Twenty  Pounds  with  xi.!'29-*3?"34.' ' 
Interest  which  Sum  of  money  was  placed  in  his  hands  as  Feoffee  in  |-\^°' 14331"^* 
trust  for  the  said  Elizi  Lemon  to  be  kept  by  him  until  her  Daughter  I0602'. 
the  said  Petitioner  should  arrive  at  the  Age  of  Twenty  One  Years  or 
until  the  time  of  her  marriage  which  of  two  should  first  Come. 

And  ivhereas  the  said  Anthony  Haywood  soon  after  his  Executing 
the  said  recited  Obligation  made  his  last  Will  and  Testament  thereby 
Appointing  Charles  Ledget  &  Francis  Foxcroft  Esq?  Executors  and  in 
a  short  Time  After  died 

And  ivhereas  said  Thomas  AVillis  and  Elizabeth  his  said  Wife  at  A 
Certain  Court  holden  at  Boston  the  Twenty  Sixth  day  of  January  One 
Thousand  Six  Hundred  Ninety  &  One-Two  Coihenced  an  Action  of 
Debt  against  the  said  Executors  for  the  penalty  of  the  said  Bond  but 
Judgement  was  Against  the  plant^i'  (Eliz?  Carder  the  said  petitioner 
then  Elizabeth  Leiiion  not  being  of  Age) 

And  ]Vhereas  the  said  Thom^  Willis  and  Elizabeth  his  Wife  in  the 
Year  One  Thousand  Six  Hundred  &  Ninety  four  in  their  Passage  to 
Jamaica  were  taken  by  a  French  Privateer  &  the  said  Original  Bond 
with  divers  other  papers  were  then  destroj^'d  and  lost 

&  whereas  Francis  Foxcroft  Esq!'  one  of  the  Executors  of  the  s']  An- 
thony Haywood  has  signified  that  he  questions  not  but  the  said  Bond 
is  still  due. 

[113] 


114  Province  Laws  (Pm^rtte^lds).  — 1720-21.      [No.  47.] 

Be  it  therefore  Enacted  by  his  Excellency  the  Govern''.  Council,  & 
Representatives  in  General  Court  Assembled  &  by  the  Authority  of  the 
same 

that  the  said  P^lizabeth  Carder  Widdow  as  Representative  of  the  said 
Eliz'^  AVillis  be  &  hereby  is  inipowered  to  bring  forward  her  Suit  at  the 
Conion  Law  upon  a  Copy  of  the  said  Bond  Authenticated  from  the  said 
Court  in  which  the  s^  Bond  was  first  put  in  Suit  &  that  the  s-'  Copy 
shall  &  hereby  is  to  be  taken  &  received  to  be  of  as  much  force  vigour 
&  virtue  in  the  Law  to  all  intents  &  purposes  as  the  Original  thereof 
any  Law  Usage  or  Custom  to  the  contrary  in  any  wise  Notwithstand- 
ing.    \_Passed  July  23. 


[2d  Sess.]     Province  Laws  (Prwa/!e  ^c^6^).  — 1720-21.  115 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Second  day  of  November,  A.D.  1720. 


[^o.  48.] 

Aisr  ACT  TO  ENABLE  RICHARD  IRESON  OF  MARBLEHEAD  IN  THE 
COUNTY  OF  ESSEX  CORDWAINER  TO  FILE  REASONS  OF  APPEAL  IN 
THE  CLERKS  OFFICE  OF  THE  INFERIOUR  COURT  WITHIN  THE 
COUNTY  OF  ESSEX  IN  A  CASE  LATELY  DEPENDING  BETWEEN  HIM 
&  EDWARD  WILKINSON  OF  BOSTON  IN  THE  COUNTY  OF  SUFFOLK 
COASTER. 

Whereas  at  an  luferiour  Court  of  Commou  Pleas  begun  &  held  From  the  en- 
at  Salem  for  the  County  of  Essex  the  last  Tuesday  of  June  last  past  prov*i™cTLaws, 
the  said  Richard  Ireson  commenced  &  prosecuted  an  Action  of  the  "•'^^^' °°*®- 
Case  against  the  said  Edward  Wilkinson,  Upon  which  Action  the  said  oi^lg  of  the  ^^''' 
Edward  Wilkinson  recovered  Judgement  for  Cost  of  Court,  from  which  Council,  xi.,  45, 
Judgem?  the  said  Richard  Ireson  appealed  to  the  Superiour  Court  of  jomnais'of  the 
Judicature  then  appointed  by  Law  to  be  holden  at  Salem  aforesaid  on  ^QtatlveJ^  n-'o' 
the  second  Tuesday  of  November  Currant  &  Recognized  accordingly  ;   Kov.  s,  w]  is, 

And  ivhereas  soon  afterwards  the  said  Richard  Ireson   went  out  of  court  Files, 
the  Province  &  the  General  Assembly  altered  the  said  Superiour  Court,  i-^i-^-^>  ]i]^l' 
&  Enacted  that  the  same  should  be  held  at  Salem  aforesaid  on  the  last  Records  of  the 
Tuest 
the  Pre 


enouc 

of  Appeal  in  due  Time,  And  he  having  by  his  Petition  prayed  for  '?°°^if2o'. 

Relief  in  the  Premisses  ; —  Files';  Records. 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same 

That  the  said  Richard  Ireson  shall  be  &  hereby  is  impowered  to  file 
his  Reasons  of  Appeal  in  the  said  Cause  in  the  Clerks  Office  of  the 
Inferiour  Court  of  Common  Pleas  within  the  County  of  Essex  fourteen 
Days  before  the  next  Superiour  Court  of  Judicature  to  be  holden  at 
Ipswich  for  the  said  County  of  Essex  on  the  third  Tuesday  of  May 
next.  And  the  Justices  of  the  said  Superiour  Court  are  hereby  Directed 
to  proceed  to  the  Trj^al  of  the  said  Cause  according  to  the  Directions 
of  the  Law,  as  if  the  Reasons  of  Appeal  had  been  filed  in  due  Time ; 
Provided  that  the  said  Ireson  serve  the  Adverse  Party  with  a  Copy  of 
this  Act  at  least  fourteen  Days  before  the  Sitting  of  the  said  Superiour 
Court ;  Any  Law,  Usage  or  Custom  to  the  Contrary  notwithstanding. 
[^Passed  November  19. 


116 


Province  Laws  (Private  Acts).  — 1120-21.     [No.  49.] 


[ISTo.  49.] 


T"rom  the  en- 
grossment. 
Province  Laws, 
ii.,  195,  note. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1720,  Nov.  11, 12, 
15-17,21.    Leg- 
islative Records 
of  the  Council, 
xi.,  54,  59,  61,  64. 
Suffolk  Court 
Files,  13717, 
15081,  15919. 
Records  of  the 
Superior  Court 
of  Judicature, 
1721-1725,  fol. 


AN  ACT  TO  ENABLE  SIMON  STEPHEN  OF  EAST  HAM  IN  THE  COUNTY 
OF  BARNSTABLE  INDIAN  LABOURER  TO  PROSECUTE  AN  APPEAL  IN 
A  CAUSE  L.\TELY  DEPENDING  BETWEEN  HIM  Sc  HIS  BROTHER 
STEPHEN  MORTAQUITT  ALIAS  STEPHEN  STEPHEN  &  ONE  PETER 
DOGAMUS  AS  APPELLANTS  AGAINST  THOMAS  NICKERSON  JUN?  OF 
CHATHAM  IN  THE   COUNTY  AFORESAID  LABOURER   APPELLEE. 

Whereas  the  said  Simon  Stephen  by  his  Petition  hath  shewed  forth 
that  at  an  Inferiour  Court  of  Common  Pleas  in  the  County  of  Barn- 
stable, He  in  Behalf  of  hira  self,  the  said  Peter  Dogamus  and  as  Attor- 
ney to  his  said  Brother  brought  an  Action  of  Trespass  against  the  said 
Thomas  Nickerson,  Upon  which  Action  the  said  Nickerson  recovered 
Judgement  for  Costs  ;  From  wliich  Judgement  the  Plaintiffs  appealed  to 
the  Superiour  Court  begun  «&;  held  at  Plimouth  on  the  last  Tuesda}'  of 
April  last  past.  And  accordingly  entered  their  Action,  But  when  their 
Cause  came  to  a  Tryal,  the  said  Nickerson  produced  a  Eevocation  of 
the  said  Stephen  Mortaquitt  alias  Stephen  Stephens  Power  of  Attorney 
to  the  Petitioner,  by  Reason  whereof  the  said  Appeal  was  dismissed, 
for  the  Non-Appearance  of  one  of  the  Appellants,  to  the  very  great 
Damage  &  Expeuce  of  the  Petitioner,  And  he  thereupon  Praying 
Relief  ;  — 

Be  it  therefore  Enacted  hy  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  hy  the  Authority  of  the 
same 

That  the  said  Simon  Stephen  be  &  hereby  is  Authorized  &  Impow- 
ered  to  prosecute  his  Appeal  in  the  said  Cause  at  the  next  Superiour 
Court  of  Judicature  to  be  holdeu  at  Plimouth  for  the  Counties  of  Plim- 
outh, Barnstable  &  Dukes  County  on  the  last  Tuesday  of  April  next, 
upon  his  own  Behalf  &  for  his  Brother  Peter  Dogamus,  Notwithstand- 
ing the  Revocation  of  the  Power  of  Attorney  granted  to  him  by  his 
said  Brother  Stephen  Mortaquit  alias  Stephen  Stephen,  The  said  Simon 
Stephen  notifying  the  said  Thomas  Nickerson  thereof  fourteen  Days 
before  the  Day  of  the  Sitting  of  the  said  Superiour  Court ;  And  the  Jus- 
tices of  the  said  Superiour  Court  are  hereby  directed  &  impowered 
to  proceed  to  a  Tryal  of  the  said  Cause  according  to  the  Directions  of 
the  Law  ;  Provided  alwaies  nevertheless  if  the  said  Stephen  Mortaquit 
who  disavowed  the  Action  will  at  the  next  Superiour  Court  at  Plim- 
outh &c  :  join  with  his  two  Brothers  in  the  Appeal  Then  the  Tryal  to 
go  forward  in  the  Name  of  all  of  them.  But  if  not,  then  only  in  the 
Name  of  the  said  Simon  l^-  Peter  to  recover  their  Right  if  any  Ihey 
have  ;  Any  Law  Usage  or  Custom  to  the  Contrary  notwithstanding.  — 
^Passed  November  22. 


[2d  Sess.]     Pkovixce  Laws  {Private  Acts). —  1720-21.  117 


[:n'o.  50.] 


AN  ACT  TO  ENABLE  JONATHAN  PAGE  OF  GROTON  IN  THE  COUNTY 
OF  MIDDLESEX  HUSBAND  MAN  TO  PROSECUTE  AN  APPEAL  BE- 
TWEEN HIM  &  NATHANIEL  SPARHAWK  OF  CAMBRIDGE  &  SIMON 
GATES  OF  MARLBOROUGH  IN  THE  SAID  COUNTY  OF  MIDDLESEX 
ADMINISTRATORS  TO  THE  ESTATE  OF  STEPHEN  GATES  SENi?  DEC? 
&  TO  FILE  REASONS  OF  APPEAL  IN  THE  SAID  CAUSE  IN  THE 
CLERKS  OFFICE  OF  THE  INFERIOUR  COURT  OF  COMMON  PLEAS 
WITHIN   THE   COUNTY   OF   MIDDLESEX. 

Whekeas  the  said  Jonathan  Page  by  his  Petition  hath  shewed  forth  Prom  the  en- 
That  at  an  Inferiour  Court  of  Cominou  Pleas  held  at  Charles-town  for  ProTi™ce°  Laws^ 
the  said  County  of   Middlesex  on  the  second  Tuesday  in  December  "••  ^^^'  "°'*^- 
1716,  the  said  Sparhawk  &  Gates  Administrators  as  aforesaid  recovered  Hou™'of°Rep* 
Judu'ement  aoraiust  the  said  Pao:e  for  One  Hundred  &  twenty  Acres  of  5'SS^"li.'*'^*^?' „ 
Land  in  Lancaster  &  Costs  of  Suit,  From  which  Judgement  the  said  le,  is.  25,'26'.    ' 
Page  appealed  to  the  next  Superiour  Court  of  Judicature  then  to  be  ofds  of  the  ^^^°' 
holdeu  for  the  said  County,  But  instead  of  Directing  his  Reasons  of  Councu,xi..49, 
Appeal  to  the  said  Superiour  Court  for  the  County  of  Middlesex,  He  dieeex  Probate' 
directed  the  same  to  the  Superiour  Court  to  be  holden  at  Charlestown  S'^^.-,  ^^ei. 
for  the  County  of  Essex,  And  perceiving  his  Mistake  never  entered  his  istry  of  Deeds, 
Action  but  the  former  Judgement  was  atHrmed  ag'  him  with  additional  mddiVsex' ^^^' 
Costs,  By  Reason  or  Means  whereof  the  said  Page  is  without  Remedy  Court  of  Com- 
in  the  Law,  Praying  for  Relief  in  the  Premisses  ;  Dec.,  nTe! 

Be  it  therefore  Enacted  hy  his  Excellency  the  Governoiir  Council  &  o''|*i,'^®°°'''J^- 

_  ..y^  1   A  A  1  1     ?    n     ■,        ■,  J  Suffolk  Court 

Jtiepresentatives  in  General  Court  Assembled  cu  by  the  Authority  of  the  Files,  uisi. 

^, ,  ,„  Records  of  the 

^'-'■'"'^  Superior  Court 

That  the  said   Jonathan  Page  shall  be  &  hereby  is    authorized  &  of  Judicature, 

ii  <^i-  -11  ii.il  i.o  •  /-li/.   1715-1721,  fol. 

impowered  to  prosecute  his  said  Appeal  at  the  next  Superiour  Court  of  341. 
Judicature  to  be  holden  at  Charlestown  for  the  County  of  Middlesex 
on  the  last  Tuesday  of  January  next,  He  filing  his  Reasons  of  Appeal 
fourteen  Days  before  the  Day  of  the  Sitting  of  the  said  Court  in  the 
Clerks  Office  of  the  Inferiour  Court  of  Common  Pleas  within  the  said 
County  &  timely  notifying  the  adverse  Party  thereof,  And  the  Justices 
of  the  said  Superiour  Court  are  hereby  directed  to  proceed  to  a  Tryal 
of  the  said  Cause  according  to  the  Directions  of  the  Law,  The  Costs  in 
the  said  Action  hitherto  to  be  wholly  born  by  the  said  Jonathan  Page  ; 
Any  Law  L'sage  or  Custom  to  the  Contrary  notwithstanding.  [Passed 
November  28, 


118  Province  Laws  (P/'iVa^e  ^cM) .  —  1720-21.     [No.  51.] 


[-No.  51.] 


AN  ACT  TO  ENABLE  EBENEZER  NEWELL  OF  ROXBURY  IN  THE  COUNTY 
OF  SUFFOLK  HUSBAND  MAN  TO  ENTER  &  PROSECUTE  HIS  APPEAL 
BY  HIM  MADE  FROM  A  JUDGEMENT  GIVEN  AGAINST  HIM  AT  THE 
COURT  OF  GENERAL  SESSIONS  OF  THE  PEACE  HOLDEN  AT  BOSTON 
FOR  THE  COUNTY  OF  SUFFOLK  ON  THE  FIFTH  DAY  OF  APRIL  LAST 
AT  THE  COURT  OF  ASSIZE  cSc  GENERAL  GOAL  DELIVERY  TO  BE 
HOLDEN  AT  BOSTON  FOR  THE  SAID  COUNTY  OF  SUFFOLK  IN  THE 
FIRST   TUESDAY   OF   MAY   NEXT. 

From  the  en-  Whereas  Ebenezer  Newell  of  Roxbury  hath  by  his  Petition  shewed 

Co'py'of  bill  In  f  oi'th  That  at  a  Court  of  General  Sessions  of  the  Peace  held  at  Boston 
Fufs'i4?o2"'i\t  for  the  County  of  Suffolk  on  the  first  Tuesday  of  April  last  He  was 
paper.  '  convicted  of  Selling  strong  Drink  without  Licence  &  sentenced  to  pay 
«.7i95,*^uote.^^'  a  Fine  of  Ten  Pounds  or  suffer  Twenty  Days  Imprisonment  &  pay 
Legislative Rec-  Costs  of  Prosecutiou,  From  which  Sentence  he  appealed  to  the  next 
cmmciu  x!.,  63,  Court  of  Assizc  &  General  Goal  Delivery  then  to  be  holden  for  said 
64, 75, 77, 80.  '  Couuty,  But  through  his  Ignorance  of  the  Rules  &  Practice  of  the 
Ho"  fi'e'of  Rep-*'  Courts,  He  omitted  Entering  his  Appeal  the  first  Day  of  the  Courts 
i7^o°Nav^2^-  Sitting,  And  according  to  the  Course  of  the  Court  he  was  debar'd 
Dec's,  5."  vSiif.  Entering  his  Appeal,  And  at  the  last  Court  of  Assize  held  at  Boston 
uoegJuTOl''^'"  for  the  said  County  of  Suffolk,  the  Judgement  of  the  Court  of  General 
Records  of  the  Sessious  of  the  PcacB  was  artirmed  with  additional  Costs,  By  Reason 
of  Judicature!  whercof  he  is  without  Remedy  in  the  Law,  Praying  he  may  be  admitted 
1715-1721,  p. 358.  ^^  enter  his  Appeal  at  the  next  Court  of  Assize  &  General  Goal  Deliv- 
ery for  said  County  ; 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same, 

That  the  said  Ebenezer  Newell  shall  &  hereby  is  Authorized  &  Im- 
powered  to  enter  &  prosecute  his  said  Appeal  at  the  next  Court  of 
Assize  &  General  Goal  Delivery  to  be  holden  at  Boston  for  the  County 
of  Suffolk,  He  entering  into  Recognizance  within  ten  Da^^s  next  com- 
ing in  Manner  as  the  Law  in  such  Cases  directs  with  the  Clerk  of  the 
Sessions  to  prosecute,  &  Filing  his  Reasons  of  Appeal  in  the  Clerks 
Office  of  the  said  Court  of  Assize  seven  Days  at  least  before  the  Sit- 
ting thereof  ;  Any  Law  Usage  or  Custom  to  the  Contrary  notwithstand- 
ing.    [^Passed  December  6. 


\ 


[2d  Sess.J      Pkovince  Laws  (P/'/m^e^cfe).  — 1720-21.  119 


[No.  52.] 


AN  ACT  TO  ENABLE  WILLIAM  TAYLOUR  OF  LYN  IN  THE  COUNTY 
OF  ESSEX  GENTLEMAN  AS  HE  IS  ADMINISTRATOR  TO  THE  ESTATE 
OF  REBECCA  TAYLOUR  LATE  OF  LYN  AFORE-SAID  WIDOW  DEC?  TO 
ENTER  TWO  SEV':''  ACTIONS  AT  THE  NEXT  INFERIOUR  COURT  OF 
COMMON  PLEAS  TO  BE  HELD  FOR  THE  COUNTY  OF  SUFFOLK  ON 
THE  FIRST  TUESDAY^  OF  JANUARY'  NEXT  AGAINST  CHRISTOPHER 
TAY'LOUR  OF  BOSTON  IN  THE  SAID  COUNTY  OF  SUFFOLK  MARINER, 
SO  THAT  HE  MAY'  PROCEED  TO  TRY'AL  THEREOF  IN  ORDER  TO 
RECOVER  JUDGEMT  FOR  TWO  SEV-."-  SUMS  THE  ONE  OF  THIRTEEN 
POUNDS  SIX  SHILLINGS  &  EIGHT  PENCE,  &  THE  OTHER  OF  TWENTY' 
NINE  POUNDS  THREE  SHILLINGS  &  FOUR  PENCE  AGAINST  THE  SAID 
CHRISTOPHER  TAY'LOUR  FOR  SO  MUCH  DUE  TO  THE  SAID  REBECCA 
TAYLOUR  IN  HER  LIFE  TIME  FOR  RENT. 

Whereas  the  said  "William  Taylour  by  his  Petition  to  this  Court  hath  ^«'«.  ^°-  45- 
sett  forth  that  he  in  his  Capacity  of  Administrator  to  his  late  Mother  grog^uent!" 
M"  Rebecca  Taylour  late  of  Lyu  afores'^  Dec'?  brought  two  Actions  of  copy  ofbiiiin 
Debt  for  Rent  at  the  luferiour  Court  of  Common  Pleas  for  the  County  pl'ies,  issis*,"^ 
of  Suffolk  in  April  last  in  Order  to  recover  two  sev'.'  Sums,  the  One  of  "ti^  paper- 

,         .        ^,  .,,.  •    ^      T  Province  Laws, 

Thu'teen  Pounds  six  Shillmgs  &  eight  Pence,  the  other  of  twenty  nine  ii.,  195,  note. 
Pounds  three  Shillings  &  four  Pence  against  Christopher  Taylour  of  ^^ss. Archives, 

.  •■  «/  X  vii.   3*22.     Lc*'- 

Boston  in  the  said  County  of  Suffolk  Mariner,  At  which  said  Court  ieiatVve  Records 
Judgem^  was  rendered  for  the  said  Christopher  Taylour,  That  the  Plain-  °j  *g®  '^g^g'^'ig 
tiff's  two  Actions  should  be  barred,  there  being  an  Action  for  the  same  81,88.' Journals 
Thing  depending  by  Appeal  to  the  Superiour  Court  of  Judicature  to  be  Representa-*^  ° 
held  the  first  Tuesday  in  May,  1720,  in  the  said  County  of  Suffolk,  2^  1)6^2  ?°7' 
From  which  said  Judgem'"  of  the  said  luferiour  Court,  the  said  Plaintiff  9. '  Suffolk 
William  Taylour  Administrator  &c  appealed  to  the  Superiour  Court  of  j^^f  illM'. 
Judicature  to  be  held  at  Boston  afores'?  on  the  said  first  Tuesday  in  Essex  Probate 
May  last.  And  then  he  obtained  two  Judgem'.^  in  his  Favour,  That  the  27315!   '     ' 
two  AVritts  were  good  &  well  brought,  &  that  the  two  Judgem!^  of  the  ' 
said  luferiour  Court  should  be  reversed,  &  that  the  Appellant  "William 
Taylour  should  recover  full  Costs  of   both  Courts  (as   by  said   two 
sev^'  Judgem'.'  did  appear)  And  that  the  said  Costs  were  afterwards 
paid  the  said  William  Taylour  by  the  said  Christopher  Taylour  And 
that  the  said  William  Taylour  onglit  at  the  next  luferiour  Court  of 
Common  Pleas  held  at  Boston  aforesaid  for  the  said  County  of  Suffolk 
the  first  Tuesday  in  July  last  to  have  entered  the  said  two  Actions 
against  the  said  Christopher  Taylour  according  to  the  Practice  of  the 
said    Court    in  Order  to  have  proceeded  to  Tryal  of   the  said  two 
Actions  ;  But  he  being  sick  at  that  Time  &  his  Attorney  being  gone  to 
New- York  he  neglected  so  to  do.  So  tliat  he  is  entirely  Disabled  from 
Proceeding  in  the  said  two  Actions  without  the  Aid  of  this  Court ;  — 

Be  it  therefore  Enacted  by  his  Excellenci/  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Axithority  of  the 
same 

That  it  shall  &  may  be  lawful  to  &  for  the  said  Petitioner  William 
Taylour  as  he  is  Administrator  to  the  Estate  of  Rebecca  Tajdour  of 
Lyn  aforesaid  Widow  Dec'?  to  Enter  the  said  two  sevl'  Actions  in  his 
Capacity  of  Administrator  as  aforesaid  to  the  said  Rebecca  Taylour 
against  the  said  Christopher  Taylour  at  the  next  luferiour  Court  of 
Common  Pleas  to  be  held  for  the  County  of  Suffolk  at  Boston  on  the 


120  Province  Laws  (Prwrt^e^tLc^.s).  —  1720-21.      [No.  52.] 

first  Tuesday  of  January  next,  So  that  he  may  proceed  to  the  Tryal 
thereof  &  that  he  may  recover  Judgem^  for  the  said  two  severall  Sums, 
the  one  of  Thirteen  Pounds  six  Shillings  &  eight  Pence,  &  the  other  of 
twenty  nine  Pounds  three  Shillings  &  four  Pence  (If  he  make  good 
Proof  thereof)  for  the  Rent  due  as  in  the  Writts  he  has  severally  de- 
clared ;  And  the  Judges  of  the  said  Court  are  hereby  impowered  to 
make  up  Judgements  for  such  Sums  as  the  said  William  Taylour 
Administrator  as  aforesaid  shall  upon  fair  Tryals  severally  recover  on 
said  Writts  brought  as  aforesaid  ;  Any  Law,  Usage  or  Custom  to  the 
Contrary  thereof  in  any  wise  notwithstanding  ;  The  Adverse  Party  to 
be  notified  at  least  fourteen  Days  before  the  Court,  And  the  Party 
aggrieved  to  appeal  or  review  as  in  other  Cases     [^Passed  December  9. 


[2d  Sess.]     Province  Laws  (PnVa^e  ^ds).  —  1720-21.  121 


[^o.  53.] 

AN  ACT  TO  ENABLE  SAMUEL  BANISTER  OF  BOSTON  MERCHT  AS  HE 
IS  ADMINISTB  OF  ALL  &  SINGULAR  THE  GOODS  &  CHATTELS,  RIGHTS 
&  CREDITS  OF  THOMAS  BANISTER  LATE  OF  BOSTON  AFORES?  MERCH^ 
DEC"  INTESTATE  TO  PROSECUTE  AN  APPEAL  BETWEEN  HIM  IN  HIS 
SAID  CAPACITY  &  COLL  EDMUND  GOFFE  OF  CAMBRIDGE  IN  THE 
COUNTY  OF  MIDDLESEX  ESQ?  &  TO  FILE  REASONS  OF  APPEAL  IN 
THE  CAUSE  IN  THE  CLERKS  OFFICE  OF  THE  INFERIOUR  COURT  OF 
COMMON   PLEAS   WITHIN   THE   COUNTY   OF   MIDDLESEX 

Whereas  Samuel  Banister  of  Boston  Merch?  Admiuist-  to  the  Estate  From  the  en- 
of  Thomas  Banister  late  of  Boston  aforesaid  MercW  Dec*?  Intestate  provTocT  Laws, 
hath  by  his  Petition  shewed  forth  That  his  Action  of  Trespass  in  his  "•>  ^^^>  °ote. 
said  Capacity  being  brought  by  him  by  Way  of  Appeal  before  the  orTJ  ofthe  ^^*'" 
Superiour  Court  of  Judicature  holden  at  Cambridge  for  the  County  of  Council,  xi., si, 
Middlesex  on  the  last  Tuesday  of  July  last  past  against  Coll  Edmund  journals  of  the 
Goffe  of  Cambridge  Esq-  JudgemJ  was  that  his  Reasons   of   Appeal  ^gentath-rf 
should  be  quashed,  the  Parties  to  the  same  not  being  made  certain,  1720, pec.  li, i5. 
And  that  the  said  Edmund  Goffe  should  recover  against  him  Adminis-  RecofdsTf\he 
trator  as  aforesaid  Costs  of  Suit ;  Praying  he  may  have  Liberty  to  file  Couucu,  vu., 

•^  *^14      Middlesex 

his  Reasons  of  Appeal  anew,  &  enter  &  prosecute  his  Appeal  at  the  court  of  Ses- 
next  Superiour  Court  of  Judicature  to  be  holden  at  Charles-Town  for  ^a^ch  im-'is • 
the  County  of  Middlesex  :  March'and 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  &  Records?i692- 

Renresentatives  in  General  Court  assembled  &  bu  the  Authority  of  the  i'?23,  pp.  345, 

^'  o  J    J  3^g^  3gQ_   Mid- 

same  dlesex  Inf. 

that  the  said  Samuel  Banister  shall  be  &  hereby  is  impowered  &  J;^°n'p°Ja.s°'"" 
authorized  to  prosecute  ♦his  said  Appeal  at  the  next  Superiour  Court  Files,  Dec, 
of  Judicature  to  be  holden  at  Charles- town  for  the  County  of  Middle-  voi'?M5ik°3^15? 
sex  on  the  last  Tuesday  of  January  next.  He  filing  his  Reasons  of  l^'^i^fu'c^^urt 
Appeal  fourteen  Days  before  the  Day  of  Sitting  of  the  said  Court  in.  FUes,  10792, 
the  Clerks  Office  of  the  Inf eriour  Court  of  Common  Pleas  within  the  JI203'  1433s' 
said  County,  &  timely  Notifying  the  Adverse  Party  thereof  ;  And  the  17987*.    Records 
Justices  of  the  said  Superiour  Court  are  hereby  directed  to  proceed  to  court of^Judica- 
a  Tryal  of  the  said  Cause  according  to  the  Directions  of  the  Law,  The  f"[®i5^09"236^' 
Costs  of  the  said  Action  hitherto  to  be  wholly  born  by  the  said  Samuel  238, 270" 307. 
Banister ;  Any  Law  Usage  or  Custom  to  the  Contrary  notwithstanding. 
\_Passed  December  16. 


122 


Province  Laws  {Private  Acts).  —  1720-21.     [No.  54.] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fifteenth  day  of  March,  A.D.  1720-21. 


[:N'o.  54.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  195,  note. 
Legislative  Rec- 
ords of  the 
Council,  xi., 
123, 125,  128. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1720-21,  March 
16,22,24;  1721, 
March  25. 
Essex  Inf. 
Court  of  Com- 
mon Pleas : 
Files,  June,  1722. 


AN  ACT  TO  ENABLE  JAMES  DIKE  OF  GLOCESTER  IN  THE  COUNTY  OF 
ESSEX  TO  PROSECUTE  AN  APPEAL  FROM  A  JUDGEMENT  GIVEN 
AGAINST  HIM  BY  EPES  SERGEANT  ESQR  ONE  OF  HIS  MAJESTIES 
JUSTICES  OF  THE  PEACE  FOR  THE  SAID  COUNTY  IN  A  CAUSE 
LATELY  DEPENDING  BEFORE  THE  S^  JUSTICE  BETWEEN  THE  SAID 
JAMES   DIKE   &  JAMES    SAWYER  OF   GLOCESTER   AFORESAID. 

Whereas  the  said  James  Dike  by  his  Petition  hath  shewed  forth, 
That  on  the  twenty  seventh  of  February  last  past  the  said  James 
Sawyer  obtained  a  Judgement  against  him  before  the  said  Justice  for 
Twenty  two  Shillings  Debt  or  Damage  &  Costs  of  Court,  From  which 
Judgement  the  Petitioner  craved  an  Appeal,  but  being  ignorant  of  the 
Law,  failed  to  give  Security  for  Prosecuting  the  same  within  the  Time 
the  Law  prescribes. 

Be  it  therefore  Enacted  by  his  Excellency  the  Governonr  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same 

That  it  shall  &  may  be  lawful  to  &  for  the  said  James  Dike  to  prose- 
cute his  Appeal  in  the  s*?  Case  at  the  next  Inferiour  Court  of  Common 
Pleas  to  be  holden  at  Salem  for  the  County  of  Essex  on  the  last  Tues- 
day of  June  next.  He  Entering  into  Recognizance  before  the  said  Jus- 
tice to  prosecute  his  said  Appeal  with  P^ffect,  And  filing  his  Reasons 
of  Appeal  seven  Daj^s  inclusively  before  the  Sitting  of  the  said  Court, 
According  to  the  Directions  of  the  Law  in  Appeals  from  a  Justice  of 
the  Peace  (Which  he  is  hereby  authorized  to  do)  And  likewise  Notify- 
ing the  adverse  Party  of  this  Act  at  least  fourteen  Dales  before  the 
Sitting  of  the  Court  And  the  Justices  of  the  said  Inferiour  Court  are 
hereby  Directed  &  Impowered  to  proceed  to  a  Tryal  of  the  said  Cause, 
according  to  the  Directions  of  the  Law,  and  to  Give  Judgement  therein 
&  award  Execution  thereupon  ;  Any  Law  Usage  or  Cus-tom  to  the  Con- 
trary notwithstanding.     \_Passed  March  25,  1721. 


[3d  Sess.]     'PnovmcF.  L,A^yii  (Private  Acts) .  —  1720-21.  123 


[:N'o.  55.] 

an  act  to  revive  an  act  entituled  "an  act  to  enable  wil- 
liam taylour  of  lynn  in  the  county  of  essex  gentleman 
as  he  is  administrator  to  the  estate  of  rebecca  taylour 
late  of  lynn  aforesaid  widow  dec?  to  enter  two  several 
actions  at  the  inferiour  court  of  common  pleas  held  for 
the  county  of  suffolk  on  the  first  tuesday  in  january 
1720:  against  christopher  taylour  of  boston  in  the  said 
county  of  suffolk  mariner  so  that  he  might  proceed  to 
tryal  thereof  in  order  to  recover  judgement  for  two 
several  sums,  the  one  of  thirteen  pounds  six  shillings  & 
eight  pence,  and  the  other  of  twenty  nine  pounds,  three 
shillings  &  four  pence  against  the  said  christopher  tay- 
lour for  so  much  due  to  the  said  rebecca  taylour  in 
her  life  time  for  rent;"  which  si>  act  was  passed  at  the 
session  held  the  second  of  november  1720. 

Whereas  by  the  sf  above  recited  Act,  the  said  William  Taylour  in  Ante,  No.  52. 
bis  Capacity  of  Administrator  to  his  said  Mother  M''  Rebecca  Taylour  ^'o'"  '^'^  en- 
Dec'?  was  enjoyned  to  give  the  said  Christopher  Taylour  Notice  four-  p.wince°Laws, 
teen  Days  before  the  said  Inferiour  Court  held  at  Boston  for  the  said  "'  ^^^'  °°'''" 
County  of  Suffolk  the  first  Tuesday  in  January  last,  before  he  could  orX'^of  thi  ^^''' 
be  Enabled  to  Enter  the  two  several  Actions  above-mentioned  against  ng^i^e'r's'i-^g 
the  said  Christopher  Taylour,  And  the  said  Petitioner  William  Taylour  132!    Journals  ' 
Administrator  &c  as  afore-said,  not  being  able  to  obtain  the  said  Act  Rep^es^nu!'' "^ 
soon  enough,  so  as  to  be  able  to  meet  with  the  said  Christopher  Taylour,  t'^*^*-  1720-2^ 
to  serve  him  with  a  Copy  of  the  said  Act  fourteen  Days  before  the  said  March  25,' 28,-29. 
Court  in  January  last,  as  afore-said  Whereby  he  lost  the  Benefit  of  the 
said  Act,  And  can  not  proceed  for  Want  of  a  longer  Time,  to  Notify 
the  said  Christopher  Taylour  ;   (as  by  his  Petition  prefered  to  this  Great 
&  General  Court  or  Assembly  is  sett  forth) 

And  irhereas  by  his  Prayer  in  the  said  Petition  It  is  prayed,  that  this 
Court  would  be  pleased  to  revive  the  former  Act,  to  Enable  him  to 
Enter  the  said  two  several  Actions  at  the  next  Inferiour  Court  of 
Common  Pleas  to  be  held  at  Boston  for  the  said  County  of  Suffolk  on 
the  first  Tuesday  of  April  next  against  the  said  Christopher  Tajdour 
or  at  any  other  ensuing  Inferiour  Court  of  Common  Pleas  to  be  held 
for  the  County  of  Suffolk,  after  a  timely  Notification  given  him,  So 
that  he  might  be  Enabled  to  proceed  against  him  to  Tryal  of  the  said 
two  Actions  w'ith  Effect ; 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  & 
Representatives  in  Genercd  Court  Assembled,  tf;  by  the  Authority  of  the 
same, 

That  it  shall  &  may  be  lawful  to  &  for  the  said  Petitioner  William 
Taylour  as  he  is  Administrator  to  the  Estate  of  Rebecca  Taylour  of 
L3'nn  aforesaid  Widow  Dec''  to  Enter  &  Prosecute  the  said  two  several 
Actions  in  his  Capacity  of  Administrator  as  aforesaid  to  the  said  Re- 
becca Taylour  against  the  said  Christopher  Taylour  at  the  next  Inferi- 
our Court  of  Common  Pleas  to  be  held  at  Boston  for  the  County  of 
Suffolk  on  the  first  Tuesday  of  July  next.  So  that  he  may  proceed  to 
the  Tryal  thereof,  And  that  he  may  recover  Judgement  for  the  said  two 
several  Sums,  One  of  Thirteen  Pounds  six  Shillings  &  eight  Pence, 
And  the  other  of  Twenty  nine  Pounds,  three  Shillings  &  four  Pence 


124  Province  Laws  (Prwa^e^c^s).  — 1720-21.      [No.  55.] 

(If  he  make  good  Proof  thereof)  for  the  Rent  due  as  in  the  Writts  he 
has  severally  declared,  And  the  Judges  of  the  said  Court  are  hereby 
impowered  to  make  up  Judgement  for  such  Sums  as  the  said  William 
Tayloui-  Administrator  as  aforesaid  shall  upon  fair  Tryal  severally 
Recover  on  the  said  Writts  brought  as  aforesaid  ;  Any  Law  Usage  or 
Custom  to  the  Contrary  thereof  in  any  wise  notwithstanding  ;  The  ad- 
A'erse  Party  to  be  notified  of  this  Act  at  least  fourteen  Days  before  the 
said  Court,  And  the  Party  grieved  to  appeal  or  review  as  in  other 
Cases.     \_Passed  March  29,  ^1721. 


PRIVATE    ACTS, 

Passed    1721. 


•  ri25 


[125] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Thirty-first  day  of  May,  A.D.  1721,  and 
held  by  adjournment,  at  Cambridge,'^  on  the 
Sixth  day  of  June  following. 


[No.  56.] 


AN  ACT  TO  ENABLE  MARY  SERGEANT  RELICT  WIDOW  &  ADMINIS- 
TRATRIX OF  THOMAS  SERGEANT  LATE  OF  AMESBURY  DEC?  IN- 
TESTATE TO  SELL  &  DISPOSE  OF  EIGHTEEN  ACRES  OF  LAND  BEING 
PART  OF  A  TRACT  OF  FORTY  ACRES  UNDER  MORTGAGE  TO  THE 
COMMISSIONERS  OF  THE  HUNDRED  THOUSAND  POUNDS  LOAN  FOR 
THE  USE  OF  THIS  PROVINCE  CONFORMABLE  TO  A  CONTRACT  MADE 
BY    THE    SAID   DEC?  SOME    SHORT   TIME   BEFORE    HIS   DEATH. 

Whereas  the  said  Thomas  Sergeant  iu  his  Life  Time  mortgaged 
about  forty  Acres  of  Land  to  the  Commissioners  of  this  Province  of 
the  Hundred  Tliousand  Pounds  Loan,  Which  he  bargained  in  his  Life 
Time  to  sell  Eighteen  Acres  thereof  for  the  Sum  of  One  Hundred 
Pounds,  being  the  Sum  for  which  the  whole  Land  is  mortgaged  to  this 
Province,  But  before  the  full  Execution  of  the  said  Bargain  the  said 
Thomas  Seigeant  died  : 

Be  it  therefore  Enacted  by  Jiis  Excellency  the  Governour  Council  & 
Rejrresentatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same, 

That  the  said  Mary  Sergeant  Administratrix  as  afore-said  be  & 
hereby  is  Authorized  &  Impowered  by  good  &  sufficient  Deed  or  Deeds 
in  the  Law  to  sell  &  dispose  of  the  said  Quantity  of  Eighteen  Acres 
of  the  Land  bargained  for  as  afore-said.  Provided  nevertheless  that 
the  Laud  be  still  subject  &  stands  charged  with  the  Payment  of  what 
Money  is  or  may  be  due  by  Mortgage  made  to  the  Commissioners  of 
the  Hundred  Thousand  Pounds  Loan  ;  Any  Law,  Usage  or  Custom  to 
the  Contrary  thereof  in  any  wise  notwithstanding.     [Passed  June  16. 

*  Because  of  the  small-pox  in  Boston. 

[127] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  217,  note. 
Legislative  Rec- 
ords of  the 
Council,  xi., 
146,  152,  157. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1721,  Junes,  9, 
14-16.    Essex 
Probate  Files, 
24699.    Essex 
Registry  of 
Deeds,  book 
34,  leaf  147 ; 
book  53,  leaf  86. 


128 


Province  Laws  {Private  Acts),  — 1721.     [No.  57.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  217,  note. 
Legislative  Rec- 
ords of  the 
Council,  xi.,144, 
148,  157.    Jour- 
nals of  the 
House  of  Rep- 
resentatives, 
1721,  June  8, 
U-16.     Suffolk 
Court  Files, 
14236. 


[No.  57.] 

AN  ACT  TO  ENABLE  WILLIAM  MAN  OF  BOSTON  IN  THE  COUNTY  OF 
SUFFOLK  BRASIER  TO  BRING  FORWARD  AN  ACTION  OR  W^RITT  OF 
REVIEW  OF  A  PLEA  OF  THE  CASE  (BY  HIM  COMMENCED  AGAINST 
ONE  JOHN  GUY  OF  BRENTFORD  IN  THE  COLONY  OF  CONNECTICUTT 
TAYLOUR  AT  AN  INFERIOUR  COURT  OF  COMMON  PLEAS  HELD  AT 
BOSTON  ON  THE  FIRST  TUESDAY  OF  JULY  LAST)  AT  THE  INFE- 
RIOUR COURT  OF  COMMON  PLEAS  TO  BE  IIOLDEN  AT  BOSTON  FOR 
Ys  COUNTY  OF  SUFFOLKE  EITHER  ON  THE  FIRST  TUESDAY  OF 
JULY  NEXT   OR  THE   FIRST  TUESDAY  OF  OCTOBER  NEXT. 

Whereas  the  said  "William  Man  hath  by  his  Petition  shewed  forth 
that  he  brought  his  Action  of  the  Case  against  John  Guy  of  Brentford 
in  the  Colony  of  Connecticutt  Taylour  for  the  Sum.  of  Fifty  nine 
Pounds  nineteen  Shillings  &  ten  Pence  due  to  him  by  Accompt,  W*^.'' 
Action  was  entered  to  be  beard  &  tryed  at  the  Inferiour  Court  of 
Common  Pleas  held  at  Boston  aforesaid  on  the  first  Tuesday  of  July 
last ;  When  &  w^here  he  the  said  AVilliam  Man  (in  the  Absence  of  his 
Attorney)  was  hastily  thro  Inadvertency  surprized  into  a  Rule  of 
Court  to  Refer  the  Accoinpts  depending  between  the  said  Parties  to 
Auditors,  Not  in  the  Least  supposing  but  that  he  might  have  the  Bene- 
fit of  a  fair  Tryal  of  his  Cause  by  a  Jury,  If  the  Auditors  should  not 
make  a  Report  in  the  Petitioners  Favour  ;  But  they  on  the  Contrary 
having  found  Sixteen  Pounds  fifteen  Shillings  &  five  Pence  due  to  the 
said  Guy,  the  Court  proceeded  to  give  Judgem?  accordingly  for  him  the 
said  Guy  without  Allowing  the  Petitioner  a  Tryal  of  his  Case  by  a 
Jury  ;  By  Reason  whereof  he  is  without  Remedy  in  the  Law  being 
barred  of  an  other  Tryal  (as  he  w^as  informed)  because  he  entered 
into  the  Rule  of  Court  as  aforesaid  ;  And  thereupon  Praying  Relief, 
more  especially  for  that  Judgem?  was  Entered  up,  That  the  Defend- 
Guy  should  recover  Sixteen  Pounds  fifteen  Shillings  &  five  Pence  upon 
the  Plaintiffs  Writt,  W""!'  is  contrary  to  the  known  Rules  &  Methods  of 
Law,  Altho  there  might  be  a  Ballance  due  to  the  said  Guy  from  the 
Petitioner : 

Be  it  therefore  Enacted  hy  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same 

That  the  said  AVilliam  Man  shall  be  &  hereby  is  Authorized  & 
Impowered  to  bring  forward  his  Action  or  Writt  of  Review  of  the 
said  Cause  at  the  Inferiour  Court  of  Common  Pleas  to  be  holden  at 
Boston  for  the  County  of  Suffolk,  Either  the  first  Tuesday  of  July 
next,  or  on  the  first  Tuesday  of  October  next ;  And  the  Justices  of  the 
said  Court  are  hereby  impowered  to  proceed  to  Tryal  of  the  said  Cause 
according  to  Law,  Provided  the  said  AVilliam  Man  cause  a  Copy  of  his 
Writt  of  Review  to  be  left  fourteen  Days  before  the  said  Courts  Sit- 
ting either  at  the  last  Place  of  the  said  Guys  Abode  in  Boston  afore- 
said (he  living  out  of  the  Province)  Or  with  the  Sheriff  of  the  County 
of  Suffolk,  Who  hath  in  his  Hands  the  Money  recovered  by  the  said 
Guy  by  the  Judgement  aforesaid  ;  And  that  the  Money  levied  by  Exe- 
cution, which  issued  out  upon  the  said  Judgement  upon  the  said 
William  Man  be  stayed  &  kept  by  the  Sheriff  until  the  final  Issue  & 
Determination  of  tlie  said  Cause,  The  Rule  of  Court  entered  into  by 
the  Parties  or  the  Judgem?  of  Court  thereupon,  Or  any  Law  Usage  or 
Custom  to  the  Contrary  notwithstanding     [^Passed  June  16. 


[1st  Sess.]     Province  Laws  (Pnm^e^cfe).  — 1721.  129 


[No.  58  ] 

AN  ACT  FOR  THE  RELEIFE   OF    GYLES  DYER  GENTLEMIJ    AGAINST  A 
JUDGMENT   OBTAIN'D  AGAINST    HIM  BY   JOHN  BARNARD   MERCHl 

Whereas  at  an  luf erioiir  Court  of  Comou  Pleas  lioldeu  at  Boston  From  the  en- 
for  the  County  of  Suffolk  on  the  first  Tuesday  of  October  1719  The  fCTncTLaws." 
said  John  Barnard  recovered  a  Judgment  against  the  said  Gyles  Dyer  "•.  218,  note. 
for  the  suiu  of  Two  Hundred  &  Ninety  Pounds  ct  Costs  And  at  the  o^iofthl^^"' 
same  Court  the  said  Gyles  Dyer  recovered  a  Judgm^  against  the  said  Council,  x.,  430, 
John  Barnard  for  the  suih  of  Two  Hundred  &  Eighty  four  pounds  Sm!  ^Jour"-' 
twelve  shillings  &  nine  pence  &  Costs,  as  Appears  by  the  Records  of  Hou6°iof  Rep- 

the  said  Court  ;  resentatlves, 

And  Whereas  the  said  John  Barnard  is  return'd  to  England  leaveing  Dec.'2'^°i72o!' 
no  visible  Estate  or  P^ffects,  but  a  Power  of  Attorney  to  take  out  an  f"3^J.?j'  ?^'^- 
Excecut"  against  the  said  Dyer  on  the  Judgment  aforesaid  without  any  29.'  Suffolk 
direction  to  Discount  the  Judgment  recoverd  by  the  said  Dyer  against  ^3°292-i^294' 
the  said  Barnard ;  so  that  the  said  Dyer  is  in  great  danger  of  suffering  13342, 13514. 
by  loseing  the  said  sum  of  Two  Hundred  Eight}'  four  Pounds  twelve 
shillings  &  nine  pence,  which  would  be  contrary  to  Law  and  Justice  — 

Be  it  therefore  Enacted  by  his  Excellency  the  Governoicr  Council  & 
Representatives  in  General  Court  Assembled  &  by  the  Authority  of  the 
same 

That  upon  the  said  Gyles  Dyers  Paying  to  the  Attorney  of  the  said 
John  Barnard,  or  lodgeing  for  his  Use  in  the  Clerks  office,  of  the  In- 
feriour  Court  at  Boston,  the  sum  of  Five  Pounds  seven  shillings  &  three 
pence,  which  appears  to  be  the  just  Ballance  of  the  said  .Judgments, 
between  the  said  Barnard  &  Dyer ;  The  .Judgment  of  the  said  Barnard 
be  &  hereby  is  vacated  &  made  null  &  void  &  no  Excecution  to  Issue 
thereupon  ;  Any  Law  Usage  or  Custom  to  the  contrarj^  notwithstanding  ; 
Provided  Alivaies  that  the  said  Dyer  Pay  or  lodge  the  said  Ballance 
as  aforesaid  within  one  Month  from  the  end  of  this  Present  Session  of 
the  General  Assembly  —  [^Passed  June  29. 


PRIVATE    ACTS, 

Passed    1721-22. 


[131] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Cam- 
bridge,*  ON   the    Second   day   of   March,   A.D. 

1721-22. 


[No.  59.] 

AN  ACTt  TO  ENABLE  DANIEL  OLIVER  AND  WILLIAM  WELSTEED, 
ESQUIRES,  EXECUTORS  OF  THE  LAST  WILL  AND  TESTAMENT  OF 
GROVE  HIRST,  ESQUIRE,  LATE  OF  BOSTON,  DECEASED,  AND  GUAR- 
DIANS   TO    HIS     CHILDREN,    TO    SELL    SOME    PART    OF    THE    SAID 

DECEASED'S    ESTATE.     [Passed  March  22, 1721-22. 

Xo  engrossment.  Province  Laws,  ii.,  234,  note.  Legislative  Records  of  the  Council, 
xi.,  2-29,  271,  278,  281.  Journals  of  the  House  of  Representatives,  1721,  Sept.  7; 
Nov.  7 ;  1721-22,  March  14,  21,  22.  Suffolk  Registry  of  Deeds,  lib.  36,  fol.  71,  72, 
88.    Sewall's  Diary,  iii.,  302. 

*  At  Harvard  College;  and  the  same  day  adjourned  to  the  sixth  of  March,  at  the  Swan 
Tavern,  Canibridsje,  because  of  the  small-pox,  near  the  College. 

+  The  title  of  this  act  is  taken  from  the  entry  in  the  legislative  records  of  the  councQ, 
xi.,  275. 

[133] 


134  Province  Laws  (Pnm/e^cte).  — 1721-22.      [No.  60.] 


[No.  60.] 


AN  ACT*  TO  ENABLE  MARGARET  WRIGHTINGTON  OF  NEWPORT  IN 
THE  COLONY  OF  RHODE  ISLAND,  WIDOW,  TO  ALIENATE  SEVERAL 
LOTS  OF  LAND  WITHIN  THE  TOWNSHIP  OF  LITTLE  COMPTON  IN 
THE   COUNTY   OF   BRISTOL.     [Passed  March  24,  1721-22. 

No  engrossment.  Province  Laws,  ii.,  234,  note.  Legislative  Records  of  the  Council, 
xi.,  273,  285,  290.  Journals  of  tlie  House  of  Representatives,  1720,  Nov.  28;  1721- 
22,  March  16,  23.  Bristol  Inf.  Court  of  Common  Pleas,  July  and  Nov.,  1727: 
Records.  Bristol  Registry  of  Deeds  for  Northern  District,  book  15,  pp.  34,  252, 
456,  458,  466;  book  16,  pp.  209,400;  book  18,  pp.  219,  221. 

*  The  title  of  this  act  is  taken  from  the  entry  in  the  lesrislative  records  of  the  council, 
xi.,  284. 


[3d  Sess.]    FROvmcE  L,a\\6  {Private  Acts).  —  1721-22.  135 


[Ko.  61.] 

AN  ACT  TO  ENABLE  HUGH  HALL  JUNk  TO  REDEEM  THE  ESTATE  OF 
HIS  LATE  GRANDFATHER  BENJA  GIBBS  DECED  SITUATE  IN  BOSTON 
IN   HANNOVER   STREET. 

Whereas  the  sd  Hugh  Hall  by  his  petition  hath  set  forth  That  his  Post,  No.  ab. 
Grandfather  Cpt  Benj"  Gibbs  heretofore  of  Boston  Mercli-  deced  did  in  ^°  engross- 
his  lifetime  viz!  on  the  16"'  of  October  1676,  mortgage  a  certain  house  From"  a  copy  of 
&  Land  in  Hannover  or  Millbridge  street  in  the  s''  Town  for  six  hun-  foiV comt'^"^" 
dred  pounds  unto  Maj""  John  Richards  &  soon  after  proceeded  to  the  Files,  15767. 
West  Indies  &  there  dyed  Intestate  leaving  a  Wife  &  two  Children,  one  uS.'note*'^'' 
Son  &  one  Daughter  the  pef'  mother  That  Letters  of  admincoii  were  Legislative  Rec- 
Granted  to  Lydia  his  Widow,  who  Intermarried  with  Capt  Anthony  colmcu^'xi. 
Checkley  &  thereby  s'^  Checkley  possessed  himself  of  the  whole  or  the  220, 22i.'272.'275, 
greatest  part  of  the  Estate  of  the  s*^  Benjamin  Gibbs  That  after  the  sd  joilrmii's  of  the 
Intermarriage  the  sd  Checkley  on  the  fifteenth  of  May  1682  with  his  sd  ^°""f  ?.^  ^^p- 
wife  adin'"''  as  aforsd  signed  a  Minute  in  the  Clerks  office  in  the  Margin  1721,  Aug.  30; 
of  the  s'^  :Mortgage  &  thereby  rendred  the  Estate  of  the  s'-'  Mortgagee  iIf2of23^''suf- 
absolute  so  far  as  in  them  lay  And  the  same  day  the  s*?  Anthony  Check-  ^.'^  Court 
ley  took  a  Conveyance  of  the  s'^  JMessuage  Land  &  p''misses  in  his  own  5890*5931. 6259,' 
Name  from  the  sd  Richards  paying  part  of  the  Consideration  money  &  Recoils  o?the 
Mortgaged  the  same  for  the  securing  the  remaining  part  of  the  sd  Con-  Superior  Court 
side  ration  money  which  amounted  to  Five  hundred  pounds.  And  after  mi-mMoT.' 
the  sd  Checkley  failing  to  discharge  his  Mortgage  the  Exc''  of  the  sd  loe. 
Richards  sued  out  the  s*^  Mortgage  &  Obtained  Judgm?  for  three  hun- 
dred forty  Eight  pounds  four  shillings  &  Eight  pence  or  possession  of 
the  p''misses.  And  in  some  time  after  the  s^  Checkley  dyed  And  it 
further  appearing  That  the  sd  Benj*^  Gibbs's  son  dyecl  in  the  seven- 
teenth year  of   his  age  &  his  Daughter  (the  Pefs  Mother)  Married 
under  age  &  went  out  of  the  Countrey,  disabled  to  Obtain  relief  &  your 
Pef  under  age  &  out  of  the  Province  and  thereupon  praying  this  Court 
to  Enable  him  by  a  private  act  to  redeem  the  s*^  mortgaged  p''misses. 

Be  it  therefore  Enacted  by  his  Excellency  the  Governour  Council  & 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same. 

That  the  s'?  Hugh  Hall  may  within  the  space  of  twelve  months  next 
file  &  bring  forward  in  the  Superior  Court  of  Judicature  to  be  holden 
for  the  County  of  Suffolk  his  Bill  in  Equity  in  order  to  redeem  the 
p''misses  he  paying  the  principal  sum  for  wch  the  same  was  Mortgaged, 
Including  &  allowing  such  payments  as  appear  to  be  made  out  of  the 
Estate  of  the  s'-^  Benj?  Gibbs  the  Original  Mortgager  Including  also  & 
allowing  what  money  was  paid  by  the  s'-'  Antho.  Checkley  or  his  assigns 
to  the  s'*  John  Richards  the  Mortgagee,  In  wch  suit  Consideration  is 
also  to  be  had  &  allowance  made  for  Interest  money  that  may  be  due 
to  the  heirs  or  assigns  of  the  s*?  Anthony  Checkley  for  principal  mouy 
by  him  paid  out  of  his  particular  Estate  in  part  of  the  s*?  Mortgage  with 
reasonable  allowance  for  additional  buildings  Erected  by  the  s-'  Check- 
ley  upon  the  s''  mortgaged  p''misses  ;  the  heirs  «&  assigns  of  the  s*^ 
Antho  Checkley  and  also  the  heirs  &  assigns  of  the  sd  John  Richards 
allowing  &  Justly  accounting  for  the  rents  profits  use  &  Improvements 
of  the  S-'  p''misses  for  all  the  time  it  was  un'der  the  Care  Improvem*  and 
possession  of  him  or  them,  or  any  of  them,  any  Law  usage  or  Custom, 
to  the  Contrary  notwithstanding —  [Passed  March  24, 1721-22. 


PRIVATE    ACTS, 

Passed    1722—23. 


[137] 


PRIVATE   ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirtieth  day  of  May,  A.D.  1722. 


[:N'o.  62.] 
an  act  to  enable  edward  jackson  of  newton  in  the  county 

OF  MIDDLESEX  FARMER  TO  FILE  REASONS  OF  APPEAL  FROM  THE 
DECREE  OR  SENTENCE  OF  THE  HON^i^  FRANCIS  FOXCROFT  ESQR 
JUDGE  OF  PROBATES  FOR  THE  COUNTY  OF  MIDDLESEX  PASSED  ON 
THE  FIFTH  OF  FEBRUARY  1721,  RELATING  TO  THE  ADMINISTRATION 
OF  THE  ESTATE  OF  JONATHAN  JACKSON  (SUPPOSED  TO  BE  DEAD) 
WHICH  WAS  GRANTED  TO  SARAH  JACKSON  MOTHER  &  JOSEPH 
JACKSON  BROTHER  OF  THE  SAID   JONATHAN    JACKSON. 

Whereas  by  the  Petition  of  tlie  said  Edward  Jackson  setting  forth  From  the  en- 
that  on  the  thirteenth  of  February  last  he  had  given   Security  to  the  proWncTLaws, 
aforesaid  Administrators  pursuant  to  an  Appeal   granted  by  the  said  "••  ^^''  ^°^^- 
Judge  of  Probates  from  his  said  Sentence  or  Decree  to   prosecute  his  orfsonhe^^"' 
s'^  Appeal  according  to  Law,  But  his  Attorney  being  out  of   Town  and  Council,  xi., 
the  Petitioner  afraid  of  the  Small  Pox,  Elapsed  the  Time  of  Ten  Days  3301332'.  "jouV 
after  Security  given  of  Filing  his  Reasons  of   Appeal  to  his  Excellency  Hou8°e  of^Re 
&  Honours,  Whereby  he  hath  lost  that  Benefit   &    Advantage,  Altho  resentatives, 
he  had  a  Letter  of  Attorney  about  eight  Years  agoe    granted  to  him  ilf  uf i'6.\9!  ^' 
by  the  said  Jonathan  Jackson  his  Brother,   Whom  he  hath  sufficient  Middlesex 
Reason  to  believe  is  still  alive.  Praying  that  he  may  be  Enabled  to  file  stTo,'' ^   '^*' 
his  Reasons  of  Appeal  from  the  said  Judges   Decree  or  Sentence  of 
the  fifth  of  February  1721,  relating  to  the  said  Administration  granted 
as  afore-said  : 

Be  it  Enacted  by  his  Excellency  the  Gooernour  Council  &  Representa- 
tives in  General  Court  assembled  &  by  the  Authority  of  the  same 

That  the  said  Petitioner  Edward  Jackson  be  &  hereby  is  Enabled  to 
file  his  Reasons  of  Appeal  from  the  Decree  or  Sentence  of  the  said 
Hon''!^  Francis  Foxcroft  Esq-  Judge  of  Probates  for  the  said  County 
of  Middlesex  pass'd  on  the  fifth  of  February  1721,  Relating  to  the 
Administration  granted  to  Sarah  Jackson  Mother,  &  Joseph  Jackson 
Brother  of  the  said  Jonathan  Jackson  (As  if  said  Jonathan  had  been 
dead)  in  such  Form  as  the  Law  in  such  Cases  directs,  And    that  no  » 

Strip  or  Wast  be  made  by  the  said  Edward  Jackson  on  the  Lands  of 
the  said  Jonathan  Jackson  ;  Any  Law,  Usage  or  Custom  to  the  Con- 
trary notwithstanding.     [^Passed  June  19. 

[139] 


140 


Province  Laws  {Private  Acts).  —  11 22-2?>.      [No.  63.] 


[:N"o.  63.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  267,  note. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1722,  June  1,7, 
8,14-16,19. 
Legislative  Rec- 
ords of  the 
Council,  xi.,  306, 
31.3,  326,  328,  332. 
Suffolk  Court 
Files,  7855, 
15278, 17198, 
18013. 


AN  ACT  TO  ENABLE  THOMAS  SMITH  OF  IPSWICH  IN  THE  COUNTY 
OF  ESSEX  INHOLDER  TO  REVIEW  AN  ACTION  BROUGHT  AGAINST 
HIM  BY  WILLIAM  BAKER  OF  BOSTON  IN  THE  COUNTY  OF  SUFFOLK 
BAKER  ADMINISTRATOR  TO  THE  ESTATE  OF  NATHANIEL  BAKER 
LATE   OF  SAID  BOSTON  BAKER  DECEASED  — 

Whereas  it  appears  by  the  Petition  of  the  said  Thomas  Smith,  that 
the  said  William  Baker  as  Administrator  aforesaid  brought  an  Action 
against  him  for  the  Nonpayment  of  Tenn  Pounds  and  six  pence  Al- 
ledged  in  the  Writ  to  be  due  to  the  said  Nathaniel  Baker  in  his  Life- 
time, and  that  the  said  William  Baker  taking  Advantage  of  the  said 
Smith  (who  could  not  without  great  hazard  Attend  the  Inferiour  Court 
at  Boston,  held  the  first  Tuesday  of  July  Anno  Domini  1721  by  reason 
he  never  had  the  Small  Pox  which  was  then  in  Town)  Entred  his 
Action  at  the  said  Court,  and  Obtained  Judgment  against  the  said 
Smith  by  Default  for  Eight  Pounds  Tenn  Shillings  and  six  Pence, 
money  damage,  and  Cost  of  suit ; 

Wliereas,  as  he  saith,  he  Ows  nothing ;  and  he  being  without  remedy 
in  the  Law  — 

Be  it  therefore  Enacted  by  His  Excellency  the  Governour  Council  and 
Bejjresentatives  in  General  Court  Assembled  and  by  the  Authority  of  the 
same 

That  the  said  Thomas  Smith  shall  be  and  hereby  is  Impowred  to 
Review  the  said  Action  or  Cause  at  the  Inferiour  Court  of  Common 
Pleas  to  be  holden  at  Boston  for  the  County  of  Suffolk  on  the  first 
Tuesday  in  October  next ;  And  the  Justices  of  the  said  Court  are 
hereby  Directed  and  Impowred  to  proceed  to  the  tryal  thereof  upon  a 
Writ  of  Review  provided  that  no  Advantage  be  taken  of  any  Defect  or 
Error  in  the  Writ  so  as  to  prevent  the  Cause  from  going  to  a  Jury ; 
And  that  the  Adverse  party  be  served  with  a  Copy  of  this  Act  at  least 
fourteen  days  before  the  sitting  of  said  Court ;  any  Law  usage  or  Cus- 
tom to  the  Contrary  notwithstanding/' —  [_Fassed  June  19. 


[3d  Sess.]     Province  Laws  {Private  Acts).  —  1722-23.  141 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fifteenth  day  of  November,  A.D.  1722. 


[No.  64.] 

AN  ACT  FOR  CONFIRMING  THREE  ACRES  OF  UPLAND  AND  MEADOW, 
SCITUATE  IN  BEVERLY  UNTO  SARAH  PATCH,  ONE  OF  THE  DAUGH- 
TERS cSc  COHEIRS  OF  JOHN  PATCH  LATE  OF  BEVERLY  AFORSAID 
DEC?  INTESTATE  — 

Whereas  the  Real  Estate  of  the  said  John  Patch  was  divided  be-  From  the  en- 
tween  the  Relict  Widow  and  Children  of  the  said  Deceased,  and  the  ll°11™'L"V  .„.. 
Division  &  Settlement  thereof,  Confirmed  by  an  Instrument  in  Writing  "•>  267,  note. 
duly  Executed  under  the  hands  and  seals  of  the  said  Pattys,  Wherein  Journaisof  the 
the  said  Divisions    are   respectively  Confirmed   unto    the    Deceased's  resentatives!'^'" 
Widow  &  Her  Children  &  their  Heirs  for  Ever,  Excepting  only  that  lo^ii.^iT.'  \l'g- 
Part  or  Division  of  the  said  Estate,  Which  was  set  forth  to  the  said  isi'ative  Records 
Sarah  Patch —  :  Which  by  Mistake  of  the  Scribe,  was  Confirmed  only  xi.! 435, 439, 413. 
to  Her,  And  the  Words  Her  Heirs  for  Ever  were  omitted,  Which  is  |uel^ 0^710?^'' 
greatly  to  the  Damage  of  the  said  Sarah  &  Contrary  to  the  True  Intent 
&  Meaning  of  the  said  Settlement  or  Division. 

Be  it  therefore  Enacted  by  His  Excellency  the  Goverjiour,  Council  & 
Representatives  in  General  Court  Assembled  &  by  the  Authority  of  the 
Same, 

That  the  said  Three  Acres  of  Upland  &  Meadow  Scituate  in  Beverly 
aforsaid  &  by  the  aforsaid  Settlement  set  off  to  the  said  Sarah  Patch  ; 
Be  &  hereby  is  Confirmed  to  the  said  Sarah  Patch  &  her  Heirs  for 
Ever  Any  Law  Usage  or  Custom  to  the  Contrary  thereof  notwithstand- 
ing—  \_Passed  December  15. 


U2 


Provijsce  Laws  {Private  Acts) .  —  1722-23.      [No.  65.] 


[^o.  65.] 


Ante,  Ko.  61. 
From  the  en- 
grossment. 
Province  Laws, 
ii.,  267,  note. 
Legislative  Rec 
ords  of  the 
Council,  xi.,  468, 
472,  481,  495. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1722-23,  Jan.  2, 
7,  10, 15.    Suf- 
folk Court  Files, 
15767. 


AN  ACT  IN  ADDITION  TO  AND  EXPLANATION  OF  A  PRIVATE-ACT 
INTITULED  AN  ACT  TO  ENABLE  HUGH  HALL  JUN?  TO  REDEEM  THE 
ESTATE  OF  HIS  LATE  GRANDFATHER  BENJA  GIBBS  DEC?  SCITU- 
ATE  IN  BOSTON  IN  HANOVER  STREET  PASS'D  AT  A  SESSION  OF 
YE  GEN^  ASSEMBLY  HELD  AT  CAMBRIDGE  BY  ADJOURNM^  MARCH 
2?    1721 

Whereas  in  and  by  the  said  Act  There  is  not  due  Provision  made 
for  the  Devisees  of  Maj-  John  Richards  to  recover  their  Interest,  nor 
to  enable  the  Judges  of  the  Superiour  court  to  enter  up  Judgment  as 
the  General  Law  of  the  Province  for  the  Redemption  of  Mortgages,  and 
in  cases  of  Equity  has  provided. 

Be  it  therefore  Enacted  by  the  Lieu'.  Governour,  Council  and  Repre- 
sentatives in  General  Court  assembled,  and  by  the  authority  of  the  same; 

That  the  Judges  of  the  Superiour  Court  of  Judicature  before  whom 
the  said  Hugh  Hall  has  filed  and  brought  forward  his  Bill  in  Equity  for 
Redemption  of  the  said  Estate,  be  and  hereby  are  directed  and  Impow- 
ered,  in  their  hearing  and  determining  the  cause  to  oblige  the  said 
Hugh  Hall  to  be  accountable  and  pay  to  the  said  Devisees  of  Maj:  John 
Richards  both  the  Principal  and  Interest  justly  due  upon  the  Mortgage 
of  the  afores'^  Estate  upon  the  Redemption  thereof  as  by  the  said 
General  Law  of  the  Province  for  Redemption  of  Mortgages  and  in 
cases  of  Equity  is  Provided.  The  said  Devisees  accounting  with  the 
said  Hugh  Hall  for  so  much  of  the  Rents  and  Profits  of  the  said  Mort- 
gaged Estate  as  has  really  and  bona  fide  come  to  the  hands  of  the  said 
Major  John  Richards  his  Executors  Admin"  or  the  Devisees.  And 
the  Judges  of  the  Superiour  Court  of  Judicature  are  hereby  Directed 
and  Impowered  to  enter  up  Judgment  and  award  Execution  accordingly 
Any  Law  Usage  or  Custom  to  the  contrary  Notwithstanding./  —  [Passed 
January  16,  1722-23. 


[3d  Sess.]     Province  Laws  (Prwa^e^ds).  — 1722-23.  143 


[No.  66.] 

AN  ACT  ENABLING  JOHN  USHER  ESQ^  TO  PROSECUTE  AN  APPEAL  AT 
THE  NEXT  SUPERIH  COURT  TO  BE  HELD  FOR  THE  COUNTY  OF 
MIDDLESEX   AT   THE   SUIT    OF   JOHN   FOYE   ESQR 

Whereas   at   the   last  Inferiour  Court  of   Common   Pleas   held  at  ^^°^l^^ll^''' 
Charlestown  for  the  County  of  Middlesex  on  the  second  Tuesday  in  proTi'ncTLaws, 
December  last  the  said  M'  John  Foye  recovered  Judgement  in  Eject-  ';•>  29".  note 
meut  for  a  Certain  Tract  of    Land   (being  Part  of  y''  Farm  the  said  House  of  Rep- 
M''  Usher  now  lives  upon)  in  Charlestown  near  to  Medford  Containing  i722°23fjan.  i5, 
455  Acres  more  or  less  for  the  Possession  of  the  same  Farm  from  the  le,  is.  'Legis- ' 
said  M"-  Usher,  unless  within  Two  Months  next  after  y^  Eutring  up  of  LntTe  comidi, 
y*^  said  Judgement  viz'  by  y"  fifteenth  Day  of  February,  next  there  be  l^^j^^^l'co^i;^^' 
paid  by  y'^  Defend?  Usher  to  the  Plantiff  Foye  y"  sum  of  Two  Thou-  FUes,  lesio, 
sand  one  hundred  thirty  Eight  pounds,  thirteen  shillings  &  three  pence  ReeordTonhe 
principal  &  Interest  due  on  a  Mortgage  in  Full  Discharge  thereof,  and  Superior  Court 
y*"  said  Usher  having  Ordered  his  Attorney  to  appeal  from  y?  said  Judge-  u'i\--mtioL' 
ment  to  the  Next  Superiour  Court  of  Judicature  to  be  held  at  Charles-  9^.^  co\m  r/^ 
town  for  y'"  said  County  on  the  last  Tuesday  of  this  Instant  Jan":'.'  which  common  pieas : 
He  accordingly  did  But  the  said  Usher  having  by  y'  Neglect  of  a  Mes-  f^'^f.'  £|co'rds. 
senger  (Who  shou'd  have  informed  Him  of  giving  security  within  seven  i.,408,409.  Mid- 
days  next  after  y'^  said  Judgement)  failed  to  give  security  as  the  Law  of^Deedsfbook^ 

Directs  Isi^pae^'m. 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour  Council  &  Rep- 
resentatives in  General  Court  Assembled,  &  by  the  Authority  of  y"  Same, 

That  John  Usher  Esq^  be  P^uabled  to  prosecute  His  Appeal  at  the 
Next  Superiour  Court  to  be  held  for  the  County  of  Middlesex  from  y^ 
said  Judgement  obtained  against  Him  at  the  suit  of  y*"  said  John  Foye 
for  y"  Possession  of  the  Above  Premises  at  the  last  Inferiour  Court  of 
Common  pleas  held  at  Charlestown  for  y'^  s"^  County  of  Middlesex  on 
y'=  second  Tuesday  in  Decemb!^  last.  He  the  said  Usher  Giving  security 
at  y''  Clerks  Office  for  the  said  Inferiour  Court  of  Common  pleas  in  y'' 
said  County  before  one  of  y''  Judges  of  the  said  Court  to  prosecute  bis 
appeal  with  Effect  &  filing  his  Reasons  of  Appeal  within  seven  Days 
before  the  sitting  of  the  said  Superiour  Court  of  Judicature  the  last 
Tuesday  of  thislnstant  Jan7,  so  that  the  said  John  Foye  be  served 
with  a  True  Copy  of  this  Act,  seven  Days  at  least  before  the  sitting 
of  y''  said  Superiour  Court,  Any  Law,  Usage,  or  Custom  to  the  Con-  - 
trary  notwithstanding —  \_Fassed  January  18,  1722-23, 


144 


Pkovince  Laws  {Private  Acts) .  — 1722-23.     [No.  67.] 


[:N'o.  67.] 


From  the  en- 
grossment. 
Proviuce  Laws, 
ii.,  267,  uote. 

Journals  of  the 
House  of  Rep- 
resentatives, 
1721-22,  March 
7,16;  1722-23, 
Jan.  17.    Leg- 
islative Records 
of  the  Council, 
xi.,  274,  498. 
Suffolk  Court 
Files,  28052. 
Records  of  the 
Superior  Court 
of  Judicature, 
1721-1725,  foL 
120. 


AN  ACT  FOR  THE  ENABLING  JONATHAN  BLAKE,  GEORGE  SUMNER 
WILLIAM  SUMNER  AND  EDWARD  SUMNER  TO  HAVE  A  NEW  TRYAL 
UPON  A  PRESENTMENT  OR  INDICTMENT  FOUND  AGAINST  THEM  BY 
THE  GRAND  JURY  FOR  THE  COUNTY  OF  SUFFOLK  AT  A  COURT  OF 
ASSIZE  HELD  FOR  THE  SAID  COUNTY  AT  BOSTON,  ON  THE  FIRST 
TUESDAY  OF  NOVEMBER   1719./— 

Whereas  the  said  Jonathan  Blake,  George  Sumner,  William  Sumner 
and  Edward  Sumner  have  by  their  Petition  to  this  Court  setting  forth 
That  they  were  summoned  to  the  said  Court  of  Assize  as  Witnesses 
for  and  on  behalf  of  Nathaniel  Glover  Tanner  and  Joseph  Hall 
Husbandman  who  were  bound  over  to  the  said  Court,  and  afterwards 
Indicted  or  Presented  for  a  misdemeanor  for  altering  a  Warrant  from 
the  Hon'l'®  Penn  Townsend  P^sq^  for  the  calling  a  meeting  of  the  Pro- 
prietors of  the  common  Lands  of  Dorchester,  and  to  their  surprize  were 
likewise  themselves  presented  by  the  said  Grand  Jury  for  the  same 
Crime  and  found  Guilty  upon  very  weak  and  uncertain  Evidence,  and 
were  fined  forty  shillings  and  Costs,  and  they  bei[ng*]  conscious  of 
their  own  Innocence  and  desirous  to  clear  their  Charect[ers*]  to  the 
World.  Prayed  That  they  might  be  enabled  by  an  Act  of  th[is*]  Court, 
to  have  a  New  Tryal  upon  tlie  said  Presentment  or  Indictment  at  the 
next  Court  of  Assize  to  be  held  at  Boston  in  and  for  the  said  County 
of  Suffolk  on  the  first  Tuesday  of  May  next;/ — 

Be  it  Enacted  by  the  Lieid  Govern\_our*1  Council  and  Representatives 
in  General  Court  assembled 

That  the  said  Jonathan  Blake  George  Sumner  William  Sumner  and 
Edward  Sumner  be  enabled  to  have  a  new  Tryal  by  a  Jury  upon  the 
said  Presentment  or  Indictment  at  the  next  Court  of  Assize  to  be  holden 
at  Boston  aforesaid  on  the  first  Tuesday  in  May  next  And  the  Justices 
of  the  said  Court  of  Assize  are  hereby  Impowered  and  directed  to  put 
the  said  Jonatha[n*]  Blake  George  Sumner  William  Sumner  and 
Edward  Sumner  upon  their  Tryals  upon  the  said  Presentment  by 
a  [Grand?*]  Jury  Any  Law  Usage  or  Custom  to  the  Contrary  in 
[any*]  Wise  Notwithstanding.  Provided  always  That  all  the  Wit- 
ness[es*]  that  were  present  for  and  on  behalf  of  the  King  at  the  said 
Trya[l*]  be  lawfully  summoned  to  appear  at  the  said  next  May  Court 
to  give  Evidence  for  the  King  on  the  Tryal,  by  the  Procurement  of 
His  Majesty's  Attorney  General  for  this  province  \_Passed  January 
18,  1722-23. 

*  Engrossment  muiiluted. 


PRIVATE    ACTS, 

Passed    1723-24. 


[145] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-ninth  day  of  May,  A.  D.  1723. 


[No.  68.] 

AN  ACT  TO  ENABLE  NICHOLAS  MOORCOCK  TO  FILE  HIS  COMPLAINT 
AT  HIS  MAJT^^s  SUPERIOUR  COURT  OF  JUDICATURE  HELD  AT  BOS- 
TON within'  &  FOR  THE  COUNTY  OF  SUFFOLK  FOR  CONFIRMING 
A  JUDGEMENT  OF  AN  INFERIOUR  COURT  OF  COMMON  PLEAS  HELD 
AT  BOSTON  ON  THE  FIRST  TUESDAY  OF  JULY  1722  OBTAINED 
AGAINST   ELIZABETH   DAVIS.— 

Whereas  Nicholas  Moorcock  of  Boston  in  the  County  of   Suffolk  ^''O'"  ^^e  en- 
Baker  hath  by  his  Petition  shewed  forth  that  at  an  Inferiour  Court  of  Provluc'e  Laws, 
Coinon  Pleas  held  at  Boston  on  the  first  Tuesday  of  July  1722  He  "•.  309.  note. 
Obtained  Judgement   by  Default  against  Elizabeth  Davis  of   Boston  wis  of  the  ^''''' 
aforesaid  Widow  for  the  Sum  of  Two  hundred  and  Nine  pounds  and  Council,  xi.,  519, 
Ten  shillings  and  Costs  of  suit  to  be  paid  within  Two  months  after  nais  0I  the 
Entering  up  said  Judgement  or  in  Default  thereof  the  possession  of  ^sentadvfsT 
the  Messuage  or  Tenement  Laud  and  premisses  sued  for  and  particu- n^s.  May  31 ; 
larly  set  forth  in  said  Judgement  from  which  Judgement  the  said  Davis  foikCoun Flies'. 
appealed  to  the  next  Superiour  Court  of  Judicature  to  be  holden  at  ^^^^^^^^  g^^l^^g^r^^ 
Boston  within  and  for  the  said  County  of  Suffolk  on  the  first  Tuesday  Court  ofJudT-"* 
of   November  then  next  Ensueing  and  Recognized    to  prosecute  her  lf^%Lm. 
said  Appeal  but  failed  therein  And  the  said  Petitioner  (for  the  Reasons 
in  his  said  petition)  Omitted  Fileing  a  Complaint  at  said  Supf  Court 
to  Confirm  the  said  Judgement  so  that  he  is  without   remedy  in  the 
Law,  And  therefore  hath  prayed  that  he  may  be  Enabled  to  file  his  Com- 
plaint at  the  Superiour  Court  of  Judicature  to  be  held  by  adjournment 
at  Boston  within  and  for  the  County  of  Suffolk  on  Tuesday  the  fourth 
day  of  June  1723  in  Order  to  Confirm  the  said  Judgement  with  Addi- 
tional! Costs. 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour  Council  and  Rep- 
resentatives in  Geyieral  Court  Assembled  and  by  the  Authority  of  the  Same 

That  the  said  Nicholas  Moorcock  shall  be  and  hereby  is  authorized 
and  Impowred  to  file  his  Complaint  to  the  said  Sup"'  Court  of  Judica- 
ture at  any  time  dureiug  their  Sitting  on  their  present  adjournment  or 
any  other  adjournment  of  the  said  Court;  And  the  Justices  of  the  said 
Court  are  accordingly  Impowred  to  hear  and  Determine  the  Said  Com- 
plaint, the  said  ^loorcocks  Failure  in  filing  his  said  Complaint  Or  any 
Law  L^sage  or  Custom  to  the  Contrary  notwithstanding.  —  \_Passed 
Jane  5. 

[147] 


148 


Province  Laws  {^Private  Ads). — 1723-24:.     [No.  69.] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Seventh  day  of  August,  A.D.  1723. 


From  the  en- 
giossnient. 
Province  Laws, 
ii.,  309,  note. 
T.earislative  Rec; 
orcis  of  the 
Council,  xi., 
567;  xii.,16, 17, 
24.    Journals  of 
the  House  of 
Representa- 
tives, 1723,  June 
25;  Aug.  15-1", 
20,  23.    Suffolk 
Court  Files, 
14096.    Records 
of  the  Superior 
Court  of  Judi- 
cature,  1715- 
1721,  fol.  299; 
1725-1729,  fol.l. 
York  Inf.  Court 
of  Common 
Pleas,  July, 
1719:  Files; 
Records. 


[Xo.  69.] 

AN  ACT  TO  ENABLE  CALEB  SPURRIER  OF  LONDON  MERCHANT  LATE 
RESIDENT  IN  PORTSMOUTH  IN  HIS  MAJESTIES  PROVINCE  OF  NEW- 
HAMPSHIRE,  TO  REVIEW  AN  ACTION  (ORIGINALLY  BROUGHT  BY 
HIM  AGAINST  JOHN  BUTLER  OF  GEORGE  TOWN  IN  THE  COUNTY  OF 
YORK  INN-HOLDER)  AT  THE  NEXT  SUPERIOUR  COURT  OF  JUDI- 
CATURE  TO   BE   HOLDEN   FOR  THE  COUNTY   OF  YORK. 

Whereas  the  said  Caleb  Spurrier  by  his  Petition  hath  shewed  forth 
that  he  brought  forward  his  Action  Dated  June  12.  1719,  against  the 
said  John  Butler  for  the  Recovery  of  the  Sum  of  Sixty  three  Pounds 
five  Shillings  to  ballauce  the  Accompt  to  the  Writt  annex'd,  And  at  the 
Inf  eriour  Court  of  Common  Pleas  held  at  York  for  the  County  of  York 
on  the  first  Tuesday  of  July  then  next  ensuing,  Judgement  was  ren- 
dered for  the  said  Caleb  Spurrier  the  Sum  sued  for  &  cost ;  From  which 
Judgem?  the  said  John  Butler  appealed  to  the  Superiour  Court  of  Judi- 
cature held  at  York  for  the  s*?  County  of  York  the  twelfth  Day  of  May, 
Anno  Dom.  1720.  &  Recognized;  But  so  it  was,  The  said  Spurriers 
Affairs  called  him  to  Great  Britain  &,  he  left  the  said  Case  with  his 
Attorney  to  manage.  Who  neglected  to  appear  at  the  said  Superiour 
Court,  By  Means  whereof  he  was  call'd  out,  &  the  former  Judgement 
was  reversed,  so  that  without  Relief  from  this  Court  he  can  not  recover 
his  said  Debt : 

Be  it  therefore  Enacted  by  the  Lieutenant  Oovernour^  Coxmcil  &  Rep- 
resentatives in  General  Court  assembled  &  by  the  Authority  of  the  same 

That  the  said  Caleb  Spurrier  be  &  hereby  is  Authorized  &  Impow- 
ered  to  Review  His  said  Action  at  the  next  Superiour  Court  of  Judi- 
cature to  be  holden  at  York  for  the  County  of  York  ;  And  the  Justices 
of  the  said  Superiour  Coui't  are  hereby  Impowered  &  Directed  to  pro- 
ceed to  a  Tryal  of  the  said  Case  according  to  the  Rules  of  Law,  &  Jus- 
tice, «fe  to  give  Judgement  therein  &  award  Execution  thereupon  :  The 
afore  said  Judgement  by  Default,  Or  Any  Law  Usage  or  Custom  to  the 
Contrary  notwithstanding.     \^Passed  August  24, 


[2d  Sess.]     Province  Laws  {Private  Acts),  — 1723-24,  149 


[No.  70.] 

AN  ACT  TO  ENABLE  BARTHOLEMEW  JACKSON  OF  MARBLE  HEAD  IN 
THE  COUNTY  OF  ESSEX  PHYSICIAN  TO  FILE  REASONS  &  PROSE- 
CUTE HIS  APPEAL  AT  THE  NEXT  SUPERIOUR  COURT  OF  JUDICA- 
TURE TO  BE  HOLDEN  AT  SALEM  FOR  THE  COUNTY  OF  ESSEX  ON 
THE  LAST  TUESDAY  IN  OCTOBER  NEXT  FROM  A  JUDGEMENT  OF 
AN  INFERIOUR  COURT  OF  COMMON  PLEAS  HOLDEN  AT  SALEM  IN 
THE  COUNTY  OF  ESSEX  ON  THE  LAST  TUESDAY  OF  DECEMBER 
LAST  PAST,  OBTAINED  AGAINST  HIM  BY  NICHOLAS  ANDREWS  & 
MARY  HIS  WIFE  AS  THEY  WERE  ADMINISTRATORS  DE  BONIS  NON 
TO   THE   ESTATE    OF  SAMUEL  REED   LATE   OF   MARBLEHEAD   DEC? 

Whereas  the  said  Nicholas  Andrews  &  Mary  his  Wife  in  their  said  From  the  en- 
Capacity  commenced  their  Action  of   Trespass  &.  P^jectment  against  provlmfeLaws, 
Joseph  Smith  of  Marblehead  aforesaid  Barber  (who  was  Tenant  to  the  "-.309,  note. 
said  Bartholemew  Jackson)  at  the  said  Inferiour  Conrt  in  December,  ho" I'sTo'f  Kep-^ 
when  &  where  the  said  Jackson  was  admitted  Defend^  in  the  Room  of  resentatives, 
the  Terre-Tenant,  &  Jiidgem^  of   the  said  Conrt  was,  That  the  said  17" 21,  23^'  Leg! 
Nicholas  Andrews  &  Mary  his  AVife  in  their  Capacity  should  recover  onhlcouncu''^ 
Possession  of  the  House  &  Land  sued  for  &  Costs  of  Court ;  From  xu.,  4, 12, 19,24. 
which  Judgemi  the  said  Jackson  appealed  to  the  next  Superiour  Court  Fiifs.'nasd^' 
to  be  holden  for  the  said  County  at  Ipswich,  &  Recognized  to  prosecute  Records  of  the 
his  Appeal  with  Effect,  but  not  Filing  his  Reasons  as  the  Law  directs,  of'judicatiire, 
the  said  Nicholas  Andrews  &  Mary  his  Wife  Administ":^  &c  filed  their  Yi^^'lH^' ^l;^^ 
Complaint  at  the  said  Superiour  Court  at  Ipswich  on  the  third  Tuesday  inf'.  Court  of 
in  May  last  &  had  the  Judgem?  of  the  Inferiour  Court  affirmed  with  De"rm2^^'"'^' 
additional  Costs,  And   have  taken  Possession  of   the   said  House  &  Files ;  Records. 
Land  by  an  Habere  facias  Possessionem  whereby  the  said  Jackson  is 
left  without  Remedy  in  the  Law,  &  by  his  Petition  hath  shown  forth 
the  Reasons   of  his   not  Prosecuting  his  Appeal  &  hath  Prayed  for 
Relief  ;  Wherefore  for  Relief  of  the  said  Bartholemew  Jackson,  &  that 
Justice  may  be  done, 

Be  it  Enacted  by  the  Lieutenant  Governour  Council  &  Representatives 
in  General  Court  assembled  &  by  the  Authority  of  the  same 

that  upon  the  said  Bartholemew  Jacksous  Filing  his  Reasons  of 
Appeal  from  the  Judgement  of  the  said  Inferiour  Court,  in  the  Clerks 
Office  of  the  said  Inferiour  Court  fourteen  Days  at  least  before  the 
Sitting  of  the  next  Superiour  Court  for  the  said  County  of  Essex  at 
Salem,  &  Observing  the  Directions  of  the  Law  relating  to  Prosecuting 
Appeals,  The  Judges  of  the  said  Superiour  Court  shall  be  &  hereby 
are  Impowered  &  Directed,  to  Hear,  Try  &  Pass  Judgement  in  the 
said  Action  as  well  upon  the  Pleas  in  Abatement  reserved  in  the  said 
Inferiour  Court,  as  upon  the  final  Judgement  thereof  upon  the  Merits 
of  the  Cause  If  the  Pleas  in  Abatement  be  not  sufficient  to  Quash  the 
Writt ;  Any  Law  Usage  or  Custom  to  the  Contrary  notwithstanding. 
[Passed  August  24. 


150 


Province  Laws  (^Private  Acts).  —  1723-24.     [No.  71.] 


[No.  71.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  309,  note. 
Journals  of  the 
House  of  Rep- 
rresentatives, 
1722-23,  Jan.  12; 
1723,  May  31 ; 
June  11 ;  Aug. 
21,  22,  27.    Leg- 
islative Records 
of  the  Council, 
xi.,  546;  xii.,  22, 
29.     Suffolk 
Probate  Files, 
4591,  4592.     Suf- 
folk  Probate 
Records,  lib.  22, 
pp.  548,  649. 
iSuffolk  Registry 
of  Deeds,  lib.  38, 
iol.  141, 142. 


AN  ACT  FOR  ENABLING  PATIENCE  COPP  OF  BOSTON  IN  THE  COUNTY 
OF  SUFFOLK  WIDOW,  AS  SHE  IS  GUARDIAN  TO  CHARLES  SHORT  & 
KATHERINE  SHORT  MINORS  UNDER  THE  AGE  OF  TWENTY  ONE 
YEARS  TO  MAKE  SALE  OF  THE  RIGHT  &  INTEREST  OF  THE  SAID 
MINORS  IN  A  PIECE  OF  LAND  AND  FLATTS  IN  THE  SOUTH  END  OF 
BOSTON. 

Whereas  the  said  Patience  Copp  hath  by  her  Petition  sett  forth  that 
the  said  Minors  are  Interested  in  Right  of  their  Father  Thomas  Short 
Dec*?  one  Fifth  in  a  small  Piece  of  Land  and  Flatts  scituate  at  the 
South  End  of  Boston  adjoining  to  the  Land  of  ]\P  Henry  Hill,  That 
the  said  Land  &  Flatts  is  at  Present  of  no  Benefit  or  Advantage  to 
the  Persons  interested  therein,  &  will  not  Rent  for  any  Thing,  And  has 
prayed  that  she  may  be  Authorized  &  Impowered  to  sell  the  Right  and 
Interest  of  the  said  Minors  in  the  said  piece  of  Land  &  Flatts  ; 

Be  it  Enacted  by  the  Lieutenant  Oovernour  Council  and  Representa- 
tives in  General  Court  assembled  &  by  the  Authority  of  the  same. 

That  the  said  Patience  Copp  as  Guardian  as  aforesaid  be  &  hereby 
is  Authorized  &  Impowered  to  make  Sale  of  the  Right  &  Interest  of  the 
said  Minors  in  &  unto  the  above  said  Piece  of  Land  &  Flatts,  &  to 
execute  a  good  Deed  of  Sale  in  the  Law  for  the  same  ;  Any  Law, 
Usage  or  Custom  to  the  Contrary  notwithstanding.     ^Fassed  August  28. 


I 


[2d  Ses8.]     Province  Laws  (^Private  Acts).  —  1723-24.  151 


[^o.  72.] 

AN  ACT  TO  ENABLE  THE  JUSTICES  OF  HIS  MAJESTIES  SUPERIOUR 
COURT  OF  JUDICATURE  TO  CHAUNCER  A  JUDGEMENT  RECOVERED 
BY  NATHANIEL  &  TIMOTHY  HALLOWAY  AGAINST  JARED  TALBOT 
ESQ? 

"Whereas  Jared  Talbot  of  Dighton  in  the  County  of  Bristol  Esq?'  liath  P;""'"  ti^e  en- 
represented  to  this  Court,  That  he  is  much  wrong'd  by  a  Judgement  Province  Laws, 
obtained  against  him  at  the  Superiour  Court  held  at   Bristol  on  the  "■'  ^^'^'  "°*®" 
second  Tuesday  of  September  1713,  by  Nathaniel  Halloway  of  Taun-  orcfsof  tbe 
ton  in  the  County  of  Bristol  Husband  Man,  &  Timothy  Halloway  of  ^i2-''xii''\h'T\' 
Dighton  afore  said  Husband  Man  for  the  Sum  of  Seventy  five  Pounds  33. '  Journals  of 
thi^ee    Shillings   Money  Debt    &    Costs   of    Suit,  And   that   the    said  Kep^e°Mte°^ 
Halloways  notwithstanding  have  brought  their  Writt  of  Scire  facias  ti^es,  1722,  Nov. 
against  him  the  said  Talbott,  Which  is  Continued  to  the  next  Superiour  1723,  lug.  27,  ' 
Court  of  Judicature  to  be  held  at  Bristol  in  Order  then  to  have  Execu-  jnf^courrof"^ 
tion  for  the  said  Debt  &  Costs  without  any  Abatement  or  Allowance  Common  Pieas : 
for  what  the  said  Talbot  ought  in  Equity  &  Justice  to  have,  as  he  says,  nlo^^pp.' mf ~ 
And  he  being  without  Remedy  in  the  Law  ;  240.   Suffolk 

Be  it.  therefore  Enacted  by  the  Lieutenant  Governour  Council  &  Re])-  12902, 12907', 
resentatives  in  General  Court  assembled  &  by  the  Authority  of  the  same,  IHH'  ^Records 

That  the  Justices  of  the  said  Superiour  Court  of  Judicature  be  &  of  the  Superior 
hereby  are  Authorized  &  Directed  at  the  next  Superiour  Court  of  Judi-  cature?i72i-' 
cature  to  be  held  at  Bristol  for  the  County  of  Bristol  on  the  second  i'^-=>  *°^-  22.  i36. 
Tuesday  of  September  next,  to  hear  the  said  Parties  &  to  Chauncer 
the  said  Judgement  (upon  which  the  Scire  facias  issued  on  the  fourth 
Day  of  August  1722,  &  was  Continued  to  that  Session)  to  the  just 
Debt  &  Damages  according  to  Equity  &  good  Conscience     Provided 
the  said  Jared  Talbot  notify  the  said  Nathaniel  &  Timothy  Halloway 
(or  one  of  them)  of  this  Act  seven  Days  before  the  Sitting  of  the  said 
Court ;  Any  Law  Usage  or  Custom  to  the  Contrary  notwithstanding. 
[Passed  August  30. 


152 


Pkovince  Laws  {Private  Acts).  — 1723-24:.     [No.  73.] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-third  day  of  October,  A.D.  1723. 


[No.  73.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  309,  note. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1723,  Nov.  12, 
26;  Dec.  3,4,16. 
Legislative  Rec- 
ords of  the 
Council,  xii., 
94,  99,  104,  123. 
Essex  Probate 
Files,  3621. 
Essex  Registry 
of  Deeds,  book 
41,  leaves  63,  64. 


AN  ACT  FOR  THE  CONFIRMING  &  MORE  SURE  MAKING  TO  SAMUEL 
BROWN  OF  ROWLEY  IN  THE  COUNTY  OF  ESSEX  HUSBAND  MAN  & 
TO  HIS  HEIRS  FOR  EVER  CERTAIN  HOUSING  &  LANDS  WITHIN  THE 
TOWNS  OF  ROWLEY  &  BRADFORD  GRANTED  TO  HIM  BY  HIS  FATHER 
JOHN  BROWN   LATE  OF  SAID  ROWLEY  YEOMAN  DEC? 

Whereas  it  hath  been  made  plainly  to  appear  to  this  Court  by  a 
Deed  shewn  forth  or  produced  under  the  Hand  &  Seal  of  the  said  John 
Brown  that  He  the  said  John  Brown  in  his  Life  Time  in  Consideration 
of  his  Love  to  his  said  Son  Samuel  Brown  &  the  Sum  of  One  Hundred 
Pounds  to  his  said  Father,  He  did  absolutely  Give  &  Grant  Sell  &  Con- 
firm to  the  said  Samuel  Brown  &  to  his  Heirs  &  Assigns  for  Ever  all 
his  Housing  Lands  &  Meadow  being  in  the  Township  of  Rowley  & 
also  all  his  Land  &  Meadow  lying  in  the  Township  of  Bradford  with, 
the  Profits  Privileges  and  Appurtenances  &  Common  Rights  to  the  Same 
belonging  or  in  any  Ways  appertaining  ; 

And  whereas  the  said  John  Brown  dyed  before  he  acknowledged  the 
said  Deed,  &  the  same  being  afterwards  found  in  his  House  was  torn 
&  partly  defaced  &  hid  in  the  Ground ; 

But  forasmuch  as  the  said  Deed  was  executed  by  the  said  John 
Brown  the  Granter  in  the  Presence  of  two  credible  Witnesses  who 
made  solemn  Oath  to  the  Execution  thereof,  And  the  afore  said  Sum 
of  One  Hundred  Pounds  was  Bond  Fide  &  honestly  paid  to  the  said. 
John  Brown  in  his  Life  Time  by  his  said  Son  Samuel  Brown  : 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour  Council  and 
Hepresentatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same 

That  the  said  Housing  Lands  &  Premisses  before  mentioned  to  be 
given  &  granted  in  &  by  the  said  Deed  be  &  hereby  are  Ratified  & 
Confirmed  to  the  said  Samuel  Brown  his  Heirs  &  Assigns  for  Ever  as 
a  free  Estate  of  Inheritance  in  Fee  Simple  as  fully  amply  &  effectually 
to  all  Intents,  Constructions  &  Purposes  in  the  Law  As  if  the  said 
Deed  had  been  Acknowledged  by  the  said  John  Brown  in  his  Life 
Time  recorded  &  remained  undefaced  fair  &  not  torn  to  this  Day  in 
the  Hands  &  Possession  of  the  said  Samuel  Brown  ;  Any  Law  Usage 
or  Custom  to  the  Contrary  notwithstanding.     [^Passed  December  16. 


[3d  Sess.]     ViiOYi^CE  L,A^\s  {Private  Acts). —  17 23-24.  153 


[No.  74.] 

AN  ACT  TO  ENABLE  FRANCIS  MOORE  OF  [BOS«]TON  CARPENTER 
GUARDIAN  OF  WILLIAM  COOK  A  MINOR  [SON  OF*]  WILLIAM  COOK 
LATE  OF  SAID  BOSTON  MARINER  &  LYDIA  HIS  WIFE  [BOTH*]  DE- 
CEASED INTESTATE  TO  SELL  THEIR  PART  OF  A  CERTAIN  HOUSE 
&   LAND    IN   BOSTON. 

"Whereas  it  hath  been  made  appear  to  this  Court  by  the  Petition  &  From  the  en- 
Accompt  of  the  said  Francis  Moore  that  there  is  near  fourteen  Pounds  province  Laws, 
due  to  him  for  the  Board  of  the  said  Minor  William  Cook,  ii.,  309,  note. 

And  forasmuch  as  there  will  arise  a  further  Charge  for  Cloathing  &  ortfsofthe 
Boarding   him  before  he  will  be  of    suitable  Age  to  be  bound  out  £p"ncii,  xi., 

565  *  xii     7   12d 

Apprentice,  And  the  Administrator  to  the  Estate  of  the  said  William  134.', journals* 
Cook  Dec^  having  already  paid  away  the  Value  of  his  personal  Estate  Repres^nta-*  °^ 
to  discharge  his  just  Debts  ;  tives,  1723,  June 

Be  it  therefore  Enacted  by  the  Lieutentant  Governour  Council  &  Rep-  Nov.i9^'r)e'c.4, 
resentatives  in  General  Court  assembled  &  by  the  Authority  of  the  same^  ij'^^^-   |,"f°"^ 

That  the  said  Francis  Moore  as  Guardian  afore  said  be  &  hereby  is  3S36;  Records, 
Authorized  &  Impowered  to  sell  &  dispose  of  the  Right  Title  &  Inter-  }|b;  2o'p.'20*' 
est  of  and  in  a  certain  House  &  Land  at  the  North  End  [iia*]  Boston  ub.  21' pp.  94, 
near  adjoining    to   the   Meeting  House   commonly  called   the  [old*]  354.  ^Suffolk' 
North  Meeting  House  whereof   the  said  William    Cook  &  Lydia  his  S*^s'f"'y.°*„, 

cJ  */  Deeds   lib  37» 

[W*Jife  died  seized.  The  said  Laud  measuring  fifteen  ffeet  in  Breadth,  foi.  i69. 
&  runs  forty  Feet  in  Length,  and  Part  of  the  late  Dwelling  House  of 
John  Moor  of  Boston  Brewer  Dec*?  stands  thereon  ;  The  said  Francis 
Moor  to  attend  the  Direction  of  the  Law  relating  to  Executors  or  Ad- 
ministrators selling  of  Real  Estates  of  Persons  Dec^  in  Posting  up 
Notifications  thirty  Days  before  the  Sale  thereof,  To  the  Intent  the 
said  Estate  may  be  sold  to  such  Person  as  will  give  most  for  the  same, 
for  the  End  afore  said,  The  said  Francis  Moore  as  Guardian  afore  said 
to  accompt  with  the  Judge  of  Probate  for  the  Overplus  (if  any  there 
be)  Any  Law  Usage  or  Custom  to  the  Contrary  notwithstanding. 
^Passed  December  20. 

*  Engrossment  mutilated. 


154 


Pkovince  Laws  (FrivateActs).  —  lT2d-24:.      [No.  75.] 


[No.   75.] 


Ante,  No.  70. 
From  the  en- 
grossment. 
Province  Laws, 
ii.,  309,  note. 
Legislative  Rec- 
ords of  the 
Council,  xii., 
106,  125, 132, 136. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1723,  Dec.  10,16, 
18,  20. 


AN  ACT  IN  ADDITION  TO  A  PRIVATE  ACT  ENTITULED  AN  ACT  TO 
ENABLE  BARTHOLEMEW  JACKSON  OF  MARBLEHEAD  IN  THE  COUNTY 
OF  ESSEX  PHYSICIAN  TO  FILE  REASONS  &  PROSECUTE  HIS  APPEAL 
AT  THE  NEXT  SUPERIOUR  COURT  OF  JUDICATURE  TO  BE  HOLDEN 
AT  SALEM  FOR  THE  COUNTY  OF  ESSEX  ON  THE  LAST  TUESDAY  OF 
OCTOBER  NEXT  FROM  A  JUDGEMT  OF  AN  INFERIOUR  COURT  OF 
COMMON  PLEAS  HOLDEN  AT  SALEM  IN  THE  COUNTY  OF  ESSEX  ON 
THE  LAST  TUESDAY  OF  DECEMBER  LAST  PAST  OBTAINED  AGAINST 
HIM  BY  NICHOLAS  ANDREWS  &  MARY  HIS  WIFE  AS  THEY  WERE 
ADMINISTRATORS  DE  BOXIS  NOX  &c.  TO  THE  ESTATE  OF  SAMUEL 
READ   LATE    OF   MARBLEHEAD   DEC? 

Whereas  in  &  by  the  above  recited  Act  tlie  said  Bartholemew  Jack- 
son was  enabled  to  file  his  Reasons  of  Appeal  in  the  above  recited 
Cause  fourteen  Days  before  the  Sitting  of  the  last  Superiour  Court  of 
Judicature  for  the  County  of  Essex  at  Salem,  And  by  Vertue  thereof 
at  the  said  Court  held  the  last  Tuesday  of  October  last  obtained 
Judgem?  that  the  said  Writt  should  abate,  &  that  the  former  Judgem^ 
should  be  reversed.  And  that  the  said  Jackson  the  Appell-  should  re- 
cover Costs  of  Courts,  But  for  Want  of  sufficient  AVords  in  said  Act 
to  Impower  the  Judges  of  the  said  Court  to  pass  Judgement  &  to  Order 
Execution  to  Issue  for  Putting  the  said  Jackson  in  Possession  of  the 
House  &  Land  sued  for  as  in  his  former  Estate,  The  said  Jackson  is 
still  kept  out  of  his  Possession  of  the  same  &  can  in  no  wise  obtain 
it  without  Commencing  a  Suit  at  Law  for  Recovery  thereof  (W^.''  seem'd 
to  be  Contrary  to  the  true  Intent  &  Meaning  of  the  said  already  recited 
Act)  which  would  not  only  be  a  great  Charge  &  Expence  to  him  but 
otherwise  inconvenient  to  him  for  Want  of  the  Improvement  of  his 
said  House  &  Land  (as  in  &  by  his  Petition  is  set  forth)  &  hath  prayed 
for  Relief  ; 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour  Council  &  Rep- 
resentatives in  Gen'^}  Court  assembled^  &  by  the  Authority  of  the  same 

that  the  Judges  of  the  Superiour  Court  next  to  be  holden  in  the 
County  of  Essex  be  &  hereby  are  Enabled  to  make  up  Judgem?  in  the 
Cause  afore  said,  To  Wit,  Wherein  Bartholemew  Jackson  of  Marble- 
head  in  the  County  of  Essex  Physician  was  Appell-  against  Nicholas 
Andrews  of  Marblehead  in  the  said  County  of  Essex  Inn  holder  & 
Mary  his  Wife  Relict  &  Executrix  of  Samuel  Read  late  of  Marblehead 
Inn-holder  Dec^  as  the  s^  Nicholas  Andi'ews  &  Mary  his  Wife  are 
Administ"  de  Bonis  non  Administratis  of  all  &  singular  the  Goods, 
Chattels,  Rights  &  Estate  of  the  said  Samuel  Read  Dec*^  Appellee  in  the 
said  Action  (according  to  the  Judgement  of  the  last  Superiour  Court 
at  Salem  afore  said  &  in  Addition  to  the  former  Judgem^  of  said  Court) 
That  the  said  Bartholemew  Jackson  the  Appellant  in  said  Cause  recover 
Possession  of  the  said  House  &  Land  sued  for  (according  to  the  Bounds 
mention'd  in  the  Original  Writt  in  that  Cause)  against  the  Terr  Tenants 
in  Possession  thereof.  And  that  Execution  be  awarded  accordingly  to 
reinstate  the  said  Bartholemew  Jackson  in  the  Possession  of  the  said 
House  &  Land  described  as  afore  said)  in  his  former  Estate  ;  Any 
Law  Usage  or  Custom  to  the  Contrary  thereof  in  any  wise  notwith- 
standing.    [^Passed  December  20. 


[3d  Sess.J     Province  Laws  {Private  Acts).  — l72f\-2-i:.  i^^ 


[No.  76.] 

AN  ACT  TO  ENABLE  ISAAC  LITTLE  OF  MARSHFIELD  IN  THE  COUNTY 
OF  PLYMOUTH  ESQ5  TO  BRING  FORWARD  A  FURTHER  WRIT  OF  RE- 
VIEW AGAINST  JOSEPH  MALLINSON  [OF  B*]OSTON  IN  THE  COUNTY 
OF  SUFFOLK  MERCHANT  [AT  T*]HE  SUPERIOUR  COURT  OF  JUDICA- 
TURE TO  BE  HOLDEN  AT  PLYMOUTH  [ON*]  THE  LAST  TUESDAY  OF 
APRIL  NEXT  OF  A  JUDGMENT  OF  THE  SUPERIOUR  COURT  HOLDEN 
AT  PLYMOUTH  ON  THE  LAST  TUESDAY  OF  APRIL  LAST  AND  FOR  A 
NEW  TRYALL   OF   THE    SAID   CAUSE.— 

Whekeas  at  the  Siiperiour  Court  of  Judicature  holdeu  at  Plymouth  From  the  en- 
on  the  last  Tuesday  of  April  last  past  the  said  Isaac  Little  and  the  said  provTucTLaws, 
Joseph  Mallinson  each  of  them  brought  forward  a  writt  of  Review  of  a  "•>  ^^^<  °°'**- 
Judgment  of  the  Superiour  Court  held  at  Plymouth  on  the  last  Tues-  HousTonlep-'' 
day  of  April   1723  of  or  concerning  the  said  Isaac  Little  his  having ''esentatives, 
Improv'd  the  Furnace  in  Pembrook  in  the  County  of  Plymouth  for  27;  Aug.  8; 
several  years  preceeding  the  Original  Writ  brought  therefor  by  the  said  i^^^i'Ve^f^bs' 

Joseph  Mallinson  Legislative  Rec- 

and  Whereas  at  the  Tryall  on  the  said  Reviews  the  said  Isaac  Little  council! xl, 
failed  of  making  use  of  Matters  to  his  Advantage  in  the  Cause  whereby  ilfi'uo'^'  ^^' 
the  said  Isaac  Little  AUedges  he  is  greatly  injured  And  that  by  Law  piymou'th  inf. 
there  can  be  no  further  Tryals  in  that  Case.  —  mZ Pi'ias?'"" 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour  Council  and  Hep-  Records,  vi., 
resentatives  in  General  Court  Assembled  and  by  the  Authority  of  the  same  folk  Coiirt Files, 

that  the  said  Isaac  Little  have  Liberty  to  bring  forward  a  Writt  of  ^Vr.lx  ^?^I,% 
Review  for  another  Tryall  of  the  said  Judgement  of  April  Last  at  the  i7796.  Records 
Superiour  Court  to  be  holden  at  plimouth  on  the  last  Tuesday  of  April  court  of  Judf-"^ 
next  The  Costs  and  Charges  of  all  Former  Tryalls  therein  To  remain  cature,  1721- 
-as  they  are  And   that  the  Judges  of  the  Superiour  Court  be  hereby  ioi°i7i,i73,267. 
Authorized  and  Impowred  to  Receive  hear  and  Determine  the  said  Case 
at  the  said  Court  and  make  Judgment  and  Award  Execution  thereon 
Accordingly.  — 

And  Be  it  farther  Enacted  by  the  Authority  aforesaid 

that  the  said  Joseph  Mallinson  shall  have  the  same  benefit  of  and  andf 
on  the  s'-  Tryal  (by  an  increase  of  Damages)  as  if  he  were  Plaintiff  in 
the  s^  Review  or  new  Tryall. — Any  Law  Usage  or  Custom  to  the 
Contrary  notwithstanding.  —  ^Passed  December  23. 

*  Engrossment  mutilated, 
t  Sic. 


156 


Province  Laws  {jPrivate  Acts).  — 1723-24:.     [No.  77.] 


[:N'o.  77.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  309,  note. 
Legislative  Rec- 
ords of  the 
Council,  xii.,81, 
94,  123,  129,  133, 
140.    Journals 
of  the  House  of 
Representa- 
tives, 1723,  Nov. 

16,  18,26;  Dec. 

17,  20,  23.     Suf. 
folk  Court  Files, 
17134,  17414, 
17940,  19569. 
Records  of  the 
Superior  Court 
of  Judicature, 
1721-1725,  fol. 
67,221. 


AN  ACT  TO  ENABLE  CPT.  JOSIAH  WINSLOW,  &  HIS  SON  JOSIAH 
WINSLOW  &  ELISHA  BLACKMAN  TO  CONTEST  IN  THE  LAW  AT  THE 
NEXT  SUPERIOUR  COURT  OF  JUDICATURE  TO  BE  HOLDEN  AT  BRIS- 
TOL WITHIN  &  FOR  THE  COUNTY  OF  [BRISTO*]L  THE  VALIDITY  OF 
A  RULE  OF  COURT  BY  THEM  EXTER'D  INTO,  THE  AWARD  OF  THE 
[EXECUTION*] S  &  THE   JUDGEMENT  OF  THE  S?  COURT  THEREUPON. 

Whereas  the  said  Josiah  Winslow  &  Josiah  Winslow  jun''  his  Son, 
&  Elisha  [BIackm*]aa  by  their  Petition  shewed  forth  that  Timothy 
Lindal  Esq?  brought  forward  [an*]  Action  of  Trespass  &  Ejectment 
against  James  Cudworth  &  David  Cudworth  for  the  Recovery  of  Lands 
therein  mentioned  to  be  heard  at  an  Inferiour  Court  held  at  Bristol 
aforesaid  on  the  first  Tuesday  of  July  1721 ,  Where  the  said  Defendants 
pleaded  not  guilty,  And  upon  that  Issue  Judgement  was  then  &  there 
rendered  for  the  said  Plaintiff  the  Land  sued  for  &  Costs,  From  which 
Judement  the  Defendants  appealed  to  the  then  next  Superiour  Court 
to  be  held  at  Bristol  &?"  on  the  second  Tuesday  of  September  follow- 
ing, At  which  said  Court  the  said  Petitioners  were  prevailed  upon 
(though  no  Parties  to  the  Suit)  to  enter  into  a  Rule  of  Court  (as  ia 
the  said  Petition  is  more  at  large  sett  forth)  And  the  said  Case  was 
thereupon  Continued  to  the  next  Superiour  Court,  When  &  where  by 
Vertue  of  the  said  Rule  of  Court,  A  Report  was  made  &  Judgement 
was  then  &  there  by  the  said  Superiour  Court  enter'd  up  accordingly 
&  Execution  executed  ; 

yhul  ivhereas  the  said  Petitioners  by  their  said  Petition  further  sug- 
gested that  by  Means  thereof  there  was  taken  from  them  Six  Hundred 
Pounds  in  Laud  &  upwards,  and  that  there  were  many  good  &  suffi- 
cient Exceptions  to  [be  ta*]ken  to  the  said  Rule  of  Court,  Report  & 
Judgem?  thereupon  according  to  the  Rules  [»fe  aut*]horities  in  the  Law, 
but  inasmuch  as  Execution  is  executed  strictly  according  to  [rul*]e 
they  can.  not  be  admitted  to  make  the  same.  And  therefore  prayed  the 
said  [ru*]le  of  Court  to  be  declared  null  &  void  as  to  the  said  Peti- 
tioners ; 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour  Council  &  Rep- 
resentatives in  General  Court  assembled  &  by  the  Authority  of  the  same, 

That  the  said  Josiah  Winslow,  Josiah  Winslow  jun^"  &  Elisha  Black- 
man  shall  be  &  hereby  are  Authorized  &  Impowered  at  the  next  Supe- 
riour Court  of  Judicature  to  be  held  at  Bristol  &c  on  the  second 
Tuesday  of  September  next  to  Contest  in  the  Law  the  Validity  of  the 
said  Rule  of  Court,  the  Award  of  the  Referrees  &  the  Judgem-  of  the 
said  Court,  They  lodging  fourteen  Days  before  the  Sitting  of  the  said 
Court  in  the  Hands  of  the  Clerk  of  the  said  Court  their  Reasons  & 
Exceptions  to  the  same.  And  the  Judges  of  the  said  Superiour  Court 
are  hereby  Authorized  &  Impowered  to  Judge  &  Pass  upon  the  same, 
&  to  Declare  the  said  Rule  of  Couit,  Award  of  the  Referrees,  Judge- 
ment &  Execution  to  be  to  all  Intents  &  Purposes  utterly  Null  &  Void 
as  to  the  said  Petitioners  if  the  same  is  not  agreable  &  conformable  to 
the  Rules  &  adjudged  Cases  in  the  Law,  Notwithstanding  the  said  Peti- 
tioners Entering  into  the  same  by  Consent  or  Any  Law  Usage  or  Cus- 
tom to  the  Contrary.  Provided  the  said  Josiah  Winslow  serve  the 
adverse  Party  with  a  Copy  of  this  Act  at  least  fourteen  Days  before 
the  Sitting  of  the  said  Court     [Passed  December  24. 

*  Engrossment  mutilated. 


I 


[3d  Sess.]     Province  Laws  {Private  Ac(s)  .  —  1723-24.  157 


[ISTo.  78.] 

AN   ACT  TO   REVIVE    THE    APPEAL    OF    BENJAMIN    BLACKSTONE    AND 

GEORGE   FELT. 

Whereas  George  Felt  of  Salem  in  the  County  of  Essex  Block-Maker  From  the  en- 
by  the  Consideration  of  his  Majesties  Inferiour  Court  of  Common  Pleas  ^rovTncTLaws, 
held  at  Salem  within  &  for  the  County  of  Essex  on  the  last  Tuesday  of  "-.sio. 
June  last  recovered  against  Benjamin  Blackstone  of  Salem  in  [th*]e  H°ou'8Tof  Rep-*' 
County  of  Essex  Sawyer  Eight  Pounds  Damage  «fe  Costs  of  Court,  And  resentatives, 
the  said  Blackstone  appeal'd  to  his  Majesties  Superiour  Court  of  Judi-  ]Dec!i7?2if24. 
cature  held  at  Salem  within  &   for  the  County  of  Essex  on  the  last  Legislative Rec 
Tuesday  of  October  last  &  Recognized  according  to  Law,  But  for  some  council,  xii., 
Failure   in   the    Reasons  of   Appeal,  they  were  quash'd    at   the    said  EgVx^infXourt 
Superiour  Court,  And  the  said  George  Felt  admitted  to  file  his  Com-  of  Common 
plaint  against  the  said  Blackstone  for  Failing  to  prosecute  his  Appeal,  l7•23^FileT;' 
And  the   former    Judgement    was    confirm'd   with   Additional   Costs,  ?^^°courtln|s 
Whereupon  the  said  Blackstone  has  prayed  the  Aid  of  this  Court,  As  i-oss,  17332, 
by  his  Petition  &  Reasons  therein  contained  on  File  may  appear  of  UieSupeH^ 

Be  it  therefore  Enacted  by  the  Lieutenaiit  Governour  Council  &  Rep-  Court  of  Judi- 
resentatives  in  General  Court  assembled  &  by  the  Authority  of  the  same,  i725,'^foi.'i46, 

That  the  said  Benjamin  Blackstone  shall  &  may  enter  his  Appeal  202. 
from  the  Judgement  of  said  Inferiour  Court  {De  Novo)  to  the  next 
Superiour  Court  of  Judicature  to  be  holden  at  Ipswich  within  &  for  the 
County  of  Essex  on  the  third  Tuesday  of  May  next,  &  pursue  the  same 
to  Effect,  So  that  he  file  his  Reasons  of  Appeal  within  the  Month  of 
January  next.  Recognizing  at  the  same  Time  according  to  Law,  The 
Costs  hitherto  sustaiu'd  to  remain  as  they  are  :  Any  Law,  Usage  or 
Custom  to  the  Contrary  hereof  in  any  wise  notwithstanding  \_Passed 
December  24. 

*  Engrossment  mutilated. 


158 


Province  Laws  (Private  Ad^) .  —  1723-24.      [No.  79.] 


[:N"o.  79.] 


From  the  en- 
grossment. 
Province  Laws, 
ii.,  310. 

Legislative  Rec- 
ords of  the 
Council,  xii., 
118, 123, 124, 141. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1723,  Dec.  13, 17, 
18,  20,  24.    Es- 
sex Probate 
Files,  24538. 
Essex  Registry 
of  Deeds,  book 
22, leaf  114; 
book37,  leaf  52; 
book  44,  leaves 
259,  260 ;  book 
51,  leaf  142; 
book  58,  leaf  85. 


AN  ACT  FOR  TAKING  OFF  THE  ENTAIL  UPON  CERTAIN  ESTATES  IN 
THE  COUNTY  OF  ESSEX  LATE  THE  ESTATES  OF  NATHANIEL  SAL- 
TONSTALL  OF  HAVERHILL  IN  SAID  COUNTY  ESQR  DEC?  WHICH  HE 
WAS  SEIZED   OF  AS  TENANT  IN  TAIL. 

Whereas  the  younger  Children  of  Nathaniel  Saltonstal  late  of 
Haverhill  in  the  County  of  Essex  Esq-  Dec^  have  shewn  to  this  Court 
that  the  Estate  which  they  have  received  from  their  said  Father  either 
by  Deed  in  his  Life  Time,  or  by  Will  at  his  Decease  was  granted  to  him 
&  the  Heirs  of  his  Body,  &  belong'd  to  him  only  as  Tenant  in  Tail  (his 
whole  Personal  Estate  being  otherwise  disposed  of  in  his  last  Will) 
and  that  therefore  if  the  said  Estates  should  remain  so  entailed  most  of 
the  said  Children  might  in  a  little  Time  be  utterly  deprived  of  all  that 
Comfort  &  Support  by  them.  Which  (as  they  have  also  shewn)  their 
s"?  Father  design'd  them.  And  the  said  Children  having  thereupon  peti- 
tiou'd  that  the  said  Entail  might  be  taken  off,  &  the  said  Estates  with 
the  Consent  of  Gurdon  Saltonstall  of  New  [L]ondon  Esq''  eldest  Son  of 
the  said  Nathaniel  Saltonstall,  be  settled  in  Fee  Simple  on  all  the 
Children  of  the  said  Nathaniel  or  such  as  may  legally  represent  them, 
&  in  such  Proportion  upon  each  of  them  as  shall  be  mutually  agreed  on 
between  them.  The  said  Eldest  Son  also  appearing  personally  in  Court 
&  declaring  his  Consent  not  only  to  the  Truth  of  the  Allegations  in  the 
said  Petition  but  also  to  the  Prayer  of  it,  for  Taking  off  said  Entail 

Be  it  therefore  Enacted  by  the  Lieutenant  Governour  Council  and 
Representatives  in  General  Court  assembled  &  by  the  Authority  of  the 
same 

That  it  shall  &  may  be  lawful  for  the  Children  of  the  said  Nathaniel 
Saltonstall  of  Haverhill  afore  said  Esq?  Dec*?  or  such  as  legally  repre- 
sent them  either  by  them  selves  or  by  their  Attorneys  or  the  Guardians 
of  such  as  may  be  in  their  Minority  by  Writing  under  their  Hands  & 
Seals  to  Agree  &  Covenant  what  Part  or  Parts,  Proportion  or  Propor- 
tions of  the  said  entailed  Estate  or  Estates  shall  upon  Taking  off  said 
Entail,  be  &  belong  an  Estate  or  Estates  in  Fee  Simple  to  each  of  the 
said  Children  or  such  as  shall  legally  represent  them  : 

Be  it  also  Enacted  &?/  the  Authority  aforesaid 

That  all  such  [Est*] ate  or  Estates  or  such  Parts  or  Proportions  of 
the  said  entail  [Est*]  ate  or  Estates  as  shall  by  such  Agreement  as 
afore  said  be  Declar[ed*]  to  belong  or  be  an  Estate  in  Fee  Simple  to 
any  of  the  Children  of  [th*]e  said  Nathaniel  or  such  as  legally  repre- 
sent them.  Such  Estate  or  Estates  or  such  Parts  or  Proportions  of  them 
shall  be  &  remain  a  good  &  lawful  Estate  of  Inheritance  in  Fee  Simple 
to  the  said  Children  respectively,  &  to  their  Heirs  according  to  the 
Settlement  Partition  or  Severalties  concluded  &  determined  by  such 
Agreement;  Any  Law,  Usage  or  Custom  to  the  Contrary  notwith- 
standing.    \_Passed  December  24. 


*  Engrossment  mutilated. 


PRIVATE    ACT, 

Passed    1742-43. 


[159] 


PRIVATK    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-sixth  day  of  May,  A.D.  1742. 


[No.  80.] 

AN  ACT  TO  TAKE  OFF  THE  ENTAIL  FROM  CERTAIN  LANDS  IN  IPSWICH 
IN  THE  COUNTY  OF  ESSEX,  LATE  THE  ESTATE  OF  JOHN  WAIN- 
WRIGHT  ESQR  DECEASED,  &  TO  ENABLE  CHRISTIAN  WAINWRIGHT 
HIS  RELICT  WIDOW  TO  SELL  THE   SAME. 

Whereas  Coll.  John  "Waiuwright  Father  of   the  said  John  Wain-  Disallowed  by 
Wright  heretofore  of  Ipswich  aforesaid  Deceased,  did  by  his  last  Will  cu! May  28°  me 
&  Testament  give  &  bequeath  to  his  three  Sons  ;  viz,  Francis,  John  &  From  the  en- 
Samuel  &  their  Heirs,  his  Real  Estate  &  entailed  the  same  on  them  in  Bi°ffn  ^"a' 
the  Words  following;  viz,  "All  my  Real  Estate  in  Houses  &  Lands,  Archives, xviii., 
I  give  to  my  said  three  Sons  &  do  entail  said  Real  Estate  to  the  Male  Pr'o^vi'nce  Laws 
Heirs  of  my  said  Sons  lawfully  begotten  of  their  Bodies  "  Parcels  of  "'•>  ^7,  note. 
which  Estate  afterwards  in  the  Division  thereof  among  the  said  three  ^^^fj^/  ^jlsg'^^^' 
Sons,  fell  to  the  said  John,  Husband  of  the  said  Christian,  who  is  since  Journals  of  the 
deceased,  &  left  behind  him  two  Sons,  namely  John  &  Francis,  Minors  ;  resentatives?^ 
to  whom  the  said  Parcels  by  force  of  the  Testament  aforesaid,  descend  "*,?."!}J°fo^' ^• 

.  ''  '  9,  10,  12,  18. 

mil  eel  ail;  Legislative  Rec 

A7id  tvhereas  the  Income  arising  from  the  Estate  is  not  sufficient  to  ctfunci/ xvip 

bring  up  the  said  Minors  &  defray  the  Charge  of  their  Education  ;  and  410. 413,' 424. 

there  not  being  other  Estate  sufficient  for  that  purpose,  It  appears  FiTes^i^en,**^ 

necessary  that  Part  of  the  Estate  be  sold  to  raise  Money  to  defray  the  ?|^^^'  -^^^9- 

said  Charge  ;  which  cannot  be  without  the  Interposition  of  this  Court ;  of  Deeds,  book 

Wherefore  ^^'  ^^^^  ^^^' 

Yvueieiuie,  book  84,  leaves 

Be  it  Enacted  by  the  Governor  Council  &  House  of  RepresenV?  114,115;  book 

That  the  Entail  so  far  as  it  respects  the  following  Pieces  of  the  said  book*i2.'),?eaf 
Lands;  viz,  a  Right  of  Land  in  Lamsons  Hill  so  called,  commonly  ^^'^-  g'^'^^'^f 
called  Pine  Swamp  ;  also  a  Wood  Lot,  Number  Four  Hundred  &  eighty  Trade,"  vol.  71, 
in  Chebacco  Woods  ;  also  an  other  Right  belonging  to  Bennets  Farm  f ;  \\  9^  '^4';  ^q',^ 
lying  in  Thick  Wood  all  in  Ipswich  aforesaid,  be  &  hereby  is  taken  84,  pp.'i03,'i63; 
off  &  declared  null  &  void  &  of  no  Effect  in  Law  for  the  future  ;  And  o°d  otiic'e,  Lon. 
the  said  Christian  Wainwright  is  hereby  fully  authorized,  impowered  '*°°* 
&  directed  in  behalf  of  the  said  Minors  to  sell  the  same  for  the  most 
it  will  fetch,  &  to  pass  and  execute  a  good  &  lawful  Deed  or  Deeds  of 
the  same,  to  the  Purchaser  or  Purchasers  his  or  their  Heirs  &  Assigns 
in  Fee  Simple  for  ever ;  she  giving  Caution  to  the  Judge  of  Probate 
for  the  County  of  Essex  That  one  third  of  the  Proceeds  of  such  Sale 
be  at  the  time  of  her  decease  paid  to  the  said  Minors  John  &  Francis 
or  to  their  Heirs  in  the  following  proportion  ;  namely,  Two  third  Parts 


162  Vroviisce  'LA^ys  {Private  Acts) .  —  1742-43.      [No.   80.] 

of  the  said  Third  to  the  said  John,  &  the  other  Third  to  the  said  Francis  ; 
And  the  remaining  two  Thirds  be  in  the  same  proportion  forthwith,  or 
as  Occasion  shall  require,  applied  to  defray  the  Charge  of  the  said 
John  &  Francis's  Education  ;  And  all  Proceedings  in  Consequence  of 
this  Act  shall  be  deemed  construed  &  adjudged  to  be  legal  &  valid  in 
Law  according  to  the  true  Intent  &  Meaning  hereof  ;  Any  thing  in  said 
Will  or  Testament  contained  to  the  Contrary^uotwithstandiug.  ^ Passed 
June  18, 


I 


PRIVATE    ACT, 

Passed    1754-55. 


[163] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Seventeenth  day  of  October,  A.D.  1754. 


[^o.  81.] 


AN     ACT    TO    DISSOLVE    THE    MARRIAGE    OF    MARY    CLAPHAM    WITH 
WILLIAM   CLAPHAM,    AND   TO    ALLOW    HER   TO   MARRY    AGAIN. 

Whereas  Mary  Clapham  liath  by  a  Decree  of  the  Governour  and 
Council  been  divorced,  as  to  Bed  and  Board  only,  from  William  Clap- 
ham,  upon  Proof  of  his  Violation  of  his  Marriage  Contract  with  the 
said  Mary,  by  leaving  the  said  Mary,  cohabiting  and  committing 
Adultery  with  another  Woman  ;  But  the  said  Mary  still  remains  undis- 
charged of  her  Marriage  Contract,  and  hath  petitioned  for  Relief  in  this 
Behalf. 

Be  it  therefore  enacted  by  the  Governour,  Council  and  House  of 
Representatives, 

That  the  Marriage  between  the  said  AVilliam  Clapham  and  Mary 
Clapham  shall  henceforth,  as  far  as  it  concerns  the  said  Mary,  be  dis- 
solved and  annulled,  and  that  she  on  her  Part  shall  be  and  is  to  all 
Intents  and  Purposes  discharged  from  the  Bands  of  her  Marriage  to 
him ;  and  that  it  shall  and  may  be  lawful  for  her  to  marry  again. 
[Passed  January  10 ;  published  January  13,  1755. 

Ixxxiii.,  149.  Executive  Records  of  the  Council,  xii.,  349,361,  363,  386.  "Mass.  Bay, 
Board  of  Trade,"  vol.  75, 1,  i.  3 ;  vol.  84,  p.  464 ;  in  Public  Record  Office,  London. 
Province  Laws,  iii.,  1754-55,  chap.  15  and  note. 

[165] 


From  the  en- 
gro88raent. 
Bill  in  Mass. 
Archives,  ix., 
382. 

Province  Laws, 
iii.,  939,  note. 
Files  of  divorce 
cases, 1739-1771, 
in  the  office  of 
the  clerk  of 
S.J.  C,  Suffolk. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1754,  Dec.  3.  19- 
21,23;  1755,  Jan. 
2,8,9.     Legisla- 
tive Records  of 
the  Council, 
XX.,  337,  346, 
351,  373,  379. 
Mass.  Archives^ 
ix.,381; 


PRIVATE    ACTS, 

Passed     1755—56. 


[167] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-eighth  day  of  May,  A.D.  1755. 


[:N'o.  82.] 


AN    ACT    TO     DISSOLVE     THE     MARRIAGE     OF    MARY    PARKER    WITH 
PHINEAS   PARKER,    AND  TO    ALLOW   HER   TO   MARRY    AGAIN. 

Whereas  Mary  Parker  hath  petitioned  this  Court  that  her  Marriage 
Contract  with  Phineas  Parker  may  be  dissolved,  in  as  much  as  the  said 
Phineas  Parker  has  for  sundry  Years  pass'd  left  the  said  Mary,  and 
stands  convict  of  committing  Adultery  with  another  Woman. 

Be  it  therefore  enacted  by  the  Governour,  Council  and  House  of  Rep- 
resentatives, 

That  the  Marriage  between  the  said  Phineas  Parker  and  Mary  Parker, 
shall  hence  forth,  as  far  as  it  concerns  the  said  Mary,  be  dissolved  and 
annulled,  and  that  she  on  her  Part  shall  be  and  is  to  all  Intents  and 
Purposes  discharged  from  the  Bonds  of  her  Marriage  to  him,  And  that 
it  shall  and  may  be  lawful  for  her  to  marry  again.  \_Passed  and  pub- 
lished June  10. 

Executive  Records  of  the  Council,  xii.,  337.  347.     "  Mass.  Bay,  Board  of  Trade,"jol. 
74,  H.  h.  65,  in  Public  Record  Office,  London, 
lie  Record  Office,  London. 

[169] 


'  Trade  Papers,"  vol.  58,  in  Pub- 


From  the  en- 
grossment. 
Bill  in  Mass. 
Archives,  ix., 
380. 

Province  Laws, 
iii.,  939,  note. 
Mass.  Archives, 
ix.,  374,378,379. 
Legislative  Rec- 
ords of  the 
Council,  XX., 
460,  461,470. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1755,  April  28; 
June  5,  9. 


170 


Peovince  Laws  {Private  Acts) .  —  1755-56.      [No.  83.] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirtieth  day  of  March,  A.D.  1756. 


[Ko.  83.] 


No  engroeS' 

meut. 

From  the  bill  in 

Mass.  Archives, 

ix.,  398. 

Province  Laws, 

iii.,  939,  note. 

Mass.  Archives, 
is.,  396.     Legis- 
lative Records 
of  the  Council, 
xxi.,  97,  157,161. 
Journals  of  the 
House  of  Rep- 
resentatives, 
1756.  Feb  12; 
April  9,  14,  15. 
"  Trade 
Papers,"  vol. 


AN  ACT  TO  DISSOLVE  THE   MARRIAGE  OF  JOHN  FARNUM  JUNK  WITH 
ELIZ^'^  FARNUM   AND   TO  ALLOW    HIM    TO    MARRY   AGAIN  — 

Whereas  John  Farnum  Jun"'  hath  Petitioned  this  Court  tliat  his 
Marriage  Contract  with  Elizebeth  Farnum  may  be  Dissolved,  In  as 
much  as  the  said  Eliz'J>  Farnum  has  been  Guilty  In  the  Judgment  of 
this  Court  of  the  Crime  of  Adultery 

Be  it  therefore  Enacted  by  the  Gov''-.  Councill  &  House  of  Repre- 
sentatives 

That  the  Marriage  Between  the  said  John  Farnum  &  Eliz'.''  Farnum 
shall  Hence  forth  as  far  as  it  Concerns  the  said  John  be  Dissolved  & 
Annulled  and  that  He  on  his  part  shall  be  and  is  to  all  Intents  &  Pur- 
poses Discharged  from  the  Bonds  of  his  Marriage  to  her,  And  that  it 
shall  &  may  be  Lawf uU  for  him  to  Marry  Again  —  \_Passed  A2)ril 
15,  1756. 

58,  and  "  Mass.  Bay,  Board  of  Trade,"  vol.  75, 1. i.  5,  — in  Public  Record  Office,  London. 


PRIVATE    ACTS, 

Passed    1756-57. 


[171] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirtieth  day  of  March,  A.D.  1757. 


[No.  84.] 

AN    ACT    TO    DISSOLVE    THE    MARRIAGE     OF    LYDIA    KELLOGG    WITH 
EPHRAIM   KELLOG   AND  TO   ALLOW   HER   TO    MARRY   AGAIN 

Whereas  Lydia  Kellogg  hath  petitioned  this  Court  that  her  marriage  Xo  engross, 
with  Ephraim  Kellogg  may  be  dissolved  and  inasmuch  as  it  appears  Fromthebiii,in 
to  this  Court  that  the  s*^  Ephraim  hath  been  guilty  of  the  crime  of  Mass.  Archives. 

adultery  —  Province  Laws, 

Be  it  therefore  Eyiacted  by  the  Covncil  &  House  of  Representatives  '^•'  ^°'^- 

that  the  mariage  bettween  the  said  Ephraim  Kellogg  &  Lydia  Kel-  ix^.^^os-In.'^***' 

logg  shall  hence  forth  so  far  as  it  concerns  the  s**  Lydia  be  dissolved  o^d^J  ^f 'the  ^''°' 

&  annulled,  &  that  she  on  her  part  shall  be,  &  is  to  all  intents  &  Pur-  Council,  xxi., 

poses  discharged  &  absolved  from  the  bonds  of  Her  marriage  to  Him —  iiais  oVthe'^""'^" 

and  that  it  shall  &  may  be  lawful  for  Her  to  marry  again  —  [Passed  House  of  Rep- 

.        .7   T  n     -im~r7  ./       o  l.  reseutatives, 

Aprd  18,  1757.  1757,  Jan.  l-Z; 

Aprils,  13,  16,  18.    "Mass.  Bay,  Board  of  Trade,"  vol.  85,  in  Public  Record  Office, 
London. 

[173] 


174  Province  Laws  (P/7V«^e  ^c^.s) .  —  1756-57.      [No.  85. J 


[No.  85.] 


AN    ACT     TO     DISSOLVE     THE    MARRIAG    OF    JONAH     GALUSHA    WITH 
SARAH   GALUSHA   &   TO   ALLOW   HIM  TO  MARRY   AGAIN 

ment!'^'^°^^"  Whereas  Jonali  Galuslia  bath  Petitioned  this  Court  that  his  Marriage 

Fro'nthebiiim   vvith  Sarah  Galusha  may  be  Desolved  ;   &  in  as  much,  as  it  appears  to 
ixf,''4i4.  "^  '^^^'  this  Court    that  the  said    Sarah  hath    been  Guilty  of    the    Crime  of 

Province  Laws,     ArlnH-rv 

iii..  1054,  note.      -^ClUltiy 

j.egisiativeRec-      Be  it  therefore  Enacted  by  the  Council  &  House  of  Representatives^ 
Coinicii^xxi  That  the  Marriage  between  the  said  Sarah  Galusha  &  Jonah  Galusha 

329, 5oo,'54u.'  shall  Henceforth  SO  far  as  it  Concerns  the  said  Jonah  be  dissolved  & 
HoiisTlff'ReV^  annulled  &  that  he  on  his  Part  shall  be  &  is  to  all  Intents  &  purposes 
reseutatives,  discharged  &  absolved  from  the  Bonds  of  his  Marrige  to  her  &  that  it 
April  i6,"22.'  shall  &  may  be  Lawful  for  him  to  Marry  again  —  \_Passed  April  22y 
1757. 

"Maes,  Bay,  Board  of  Trade,"  vol.  85,  p.  11,  iu  Public  Record  Office,  Loudon. 


PRIVATE    ACT 

Passed    1757-58. 


[175] 


I 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  day  of  May,  A.D.  1757. 


[No.  86.] 

AN    ACT    FOR    DISSOLVING    THE    MARRIAGE    OF    DANIEL    MCCARTHY 
WITH  MARY  MCCARTHY. 

Whereas  by  a  Decree  of  his  Maiesty's  Council  made  and  passed  From  the  en. 
on  Friday  the  tenth  day  of  June  1757,  Daniel  M- Carthy  and  his  Wife  Bill  in  Mass. 
Mary  M- Carthy  were  for  Adultery  of  the  said  Mary  seperated  and  Archivee,  ix., 
divorced  as  to  Bed  and  Board.  Piles  of  divorce 

And  Wiereas  the  said  Daniel  hath  supplicated  this  Court,  that  He  f^ Xe  office^L^' 
may  be  wholly  released  from  the  Bonds  of  Marriage  Contract  with  the  the  clerk  of 
said  Mary,  and  be  allowed  to  marry  again.  Mass*r'Archi?e^i 

Be  it  therefore  Enacted  by  the  Council  and  House  of  Representatives    ix.,  419.    Lejf- 

that  the  said  Daniel  McCarthy  be  wholly  released  and  discharged  of  the  Council, 
from  the  Bonds  of  Marriage  contracted  with  the  said  Mary,  and  that  najg'of^tjj/""'^' 
he  be  allowed  to  marry  again,  his  said  Marriage  with  her  the  said  Mary  House  of  Rep- 
notwithstanding.     [Passed  Jime  14 :  published  June  17 .  I757°jiin7i3, 

14;  Aug.  20^23,24.    Executive  Records  of  the  Council,  siii.,  259,  260,  262. 
[177] 


178 


Province  Laws  {Private  Acts).  — 1757-58.      [Xo.  87.] 


Preamble. 
Disallowed  by 
the  privj'  coun- 
cil, Aug.  10, 
1759. 

Engrossment. 
Bill  in  Mass. 
Archives,  xix., 
571. 

Printed  in  Mass. 
Perpetual 
Laws,  1692-1760 
(ed.  of  1742 
and  supple- 
ments), p.  485. 
Province  Laws, 
iv.,  92,  note. 
Mass.  Archives, 
six.,  569.    Jour- 
nals of  the 
House  of  Rep- 
resentatives, 
1757,  June  3,13- 
15.    Legislative 
Records  of  the 
Council,  xxii., 
49,  59.    Suffolk 
Probate  Rec- 
ords, vol.  52, 
p.  29.     Suffolk 
Court  Files, 
11403.    Middle- 
sex Registry  of 
Deeds,  book  53, 
p.  452.     "  Mass. 
Bay,  Board  of 
Trade,"  vol.  77, 
K.  k.  7;  vol.85, 
p.  11 ;  in  Public 
Record  Office, 
London. 


Margaret  Pol- 
lard allowed  to 
sell  lauds. 


[IS'o.  87.] 

AN  ACT  IMPOWERING  MARGARET  [T]  POLLARD  OF  BOSTON  IN  THE 
COUNTY  OF  SUFFOLK  WIDOW  EXECUTRIX  OF  THE  LAST  WILL  AND 
TESTAMENT  OF  BENJAMIN  POLLARD  ESQ"  DECEASED  TO  MAKE  SALE 
OF  CERTAIN  LANDS  THAT  WERE  CONVEYED  TO  THE  SAID  BENJA- 
MIN POLLARD  IN  TRUST. 

Whereas  it  appears  that  Jonas  Clarke  Esq'  on  the  fourth  day  of 
June  1756  by  his  Deed  of  that  date,  Registred  in  the  Registry  of 
Deeds  for  the  County  of  Middlesex  in  Book  53  page  452,  conveyed 
unto  the  said  Benjamin  Pollard  Esq''  certain  Lands  s[c]i[t]uate  partly 
in  Waltham  [&]  [cmcV]  partly  in  Weston  in  the  County  of  Middlesex 
containing  one  hundred  [&]  [and]  thirty  seven  Acres,  To  hold  to  the 
said  Benjamin  as  an  absolute  Estate  of  Inheritance  in  Fee  Simple. 
That  altho  :  the  said  Conveyance  purports  to  be  an  absolute  sale  of 
said  premis[s]es  yet  in  fact  the  intent  of  the  same  was  only  to  secure 
the  payment  of  sundry  sums  of  money  due  from  the  said  Jonas  to 
sundry  Persons  which  the  said  Benjamin  stood  liable  for  the  payment 
of  :  and  the  said  Jonas  on  the  twelfth  of  November  last  by  his  other 
Deed  of  that  date  Registred  in  the  Registry  of  Deeds  for  the  County 
of  Worcester  Book  38  page  138,  conveyed  unto  the  said  Benjamin  a 
certain  Farm  in  Shrewsbury  in  the  County  of  Worcester  containing 
about  one  hundred  and  twenty  acres  ;  also  about  one  hundred  and 
sixty  acres  of  Land  in  Holden  in  said  County,  also  a  tract  of  Land 
in  Rutland  in  said  County  containing  about  one  hundred  [&]  \_and'] 
fifteen  acres  and  three  quarters  of  an  Acre,  Also  another  Tract  of 
Land  in  Rutland  aforesaid  containing  about  one  hundred  [&]  [and] 
ten  acres,  also  the  said  Jonas's  Right  in  the  Great  Farm  N["][»7»6.J 
XXII  in  the  north  West  Quarter  of  Rutland  aforesaid,  To  hold  the  same 
to  the  said  Benjamin  and  his  heirs,  upon  Trust,  That  he  the  said  Ben- 
jamin or  his  heirs  P^xecutors  or  Adm[«?aVs^/'aY]ors  should  within  nine 
months  from  the  date  of  said  Deed  by  Deed  or  Deeds  of  Bargain  and 
Sale  legally  Executed  make  Sale  of  all  or  so  much  of  the  said  Lands 
and  premis[s]es  as  should  be  sufficient  to  Pay  [&]  \_and^  Discharge 
all  and  every  the  Debts  of  the  said  Jonas  which  are  mentioned  in  a 
schedule  to  the  same  Deed  annexed,  apiounting  to  three  hundred  and 
thirteen  Pounds  three  shillings  and  two  pence,  and  for  the  payment 
of  which  the  said  Benjamin  became  liable  ;  and  the  said  Benjamin 
Pollard  is  deceased,  and  said  Lands  remain  unsold,  and  his  heirs  are 
all  Minors,  and  the  said  Margaret  Pollard  and  Jonas  Clarke  have  Peti- 
tioned that  the  said  Margaret[t]  Pollard  may  be  fully  impowered  to 
execute  said  Trust  in  as  ample  manner  as  the  said  Benjamin  Pollard 
could,  and  ought  to  have  done  if  living.  Therefore, 

Be  it  Enacted  hy  the  Coiincil  and  House  of  Rejjresentatives  in  General 
Court  assembled, 

That  the  said  Margaret [t]  Pollard  be  and  hereby  is  authorized  and 
fully  impowered  to  sell  all,  or  so  much  of  the  said  Lands  and  premisses 
as  shall  be  sufficient  to  Reimburse  Pay  and  Discharge  all  such  sum  and 
sums  of  money  and  the  Interest  thereof  as  the  said  Benjamin  in  his 
lifetime  paid  and  advanced  for  the  said  Jonas,  also  such  further  sums 
of  money  as  the  said  Benjamin's  Estate  now  stands  liable  for  the  Pay- 
ment of  for  and  on  account  of  the  said  Jonas,  and  to  that  End  to  exe- 


[1st  Sess.]      Peovince  Laws  {Private  Acts).  —  1757-58.  179 

cute  such  Deed  or  Deeds  as  shall  be  necessary  for  the  Bargaining  and 
Conveying  the  aforesaid  Lands  and  their  appurtenances  or  any  part 
thereof  unto  any  Person  or  Persons  in  Fee. 

And  he  it  further  Enacted 

that  the  said  Margaret  Pollard  be  and  hereby  is  fully  Authorized  and  ^o  be^accoimta- 
Inipowered  to  Reconvey  to  the  said  Jonas  or  his  heirs,  such  part  of  the  of\a°id S."*"** 
said  Lands  and  the  Appurtenances  thereof  as  shall  remain  unsold  (if 
any  there  be)  after  the  Payment  of  all  such  sum  and  sums  of  money  as 
the  said  Benjamin  in  his  lifetime  paid  and  advanced  for  the  said  Jonas 
with  the  Interest  thereof,  and  such  further  sums  of  money  as  the  said 
Benjamin's  Estate  now  stands  liable  for  the  payment  of  for  and  on 
accouut  of  the  said  Jonas,  and  to  that  end  to  pass  and  execute  such 
legal  Deed  or  Deeds  as  shall  be  found  needful  [1]  for  that  purpose  :  and 
if  it  happen  that  upon  Sale  of  the  premisses  or  such  part  thereof  as  shall 
be  necessary  for  the  purposes  aforesaid  there  should  be  an  overplus [s] 
of  money  in  the  hands  of  the  said  Margaret[t],  that  then,  and  in  such 
Case  the  said  Margaret  pay  such  overplus [s]  unto  the  said  Jonas  his 
Executors  or  Administrators.     \^Passed  June  16;  published  June  17. 


2gQ  Tkovince  Li Aws  {Private  Acts).  — il 61 -bS.     [No.  88.] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Eighteenth  day  of  April,  A. D.  1758. 


[No.  88.] 

AN  ACT  FOR  THE  MORE  EASY  AND  EQUITABLE  DIVISION  OF  THE  ES- 
TATES OF  JAMES  TOWNSEND  DECEASED,  AND  ELIZABETH  CHAUNCY 
DECEASED,  YET  REMAINING  UNDIVIDED   AMONG   THE  INTERESTED. 

Disallowed  by  Whereas  William  Blair  Townseiid  of  Boston  in  the  County  of  Suffolk 

di!  AxigTio?'"  Gentleman,  and  John  Winthrop,  Adam  Winthrop,  James  Winthrop,  and 

i'^9-  William  Winthrop,  Infants,  Sons  of  John  Winthrop  Esq'  of  Cambridge, 

grossmeut!"'  and  Heii's  of  Rebecca  Winthrop  deceased  are  Seized  in  Fee  of  certain 

Province  Laws,  ]\iessuages  and  Lands  adjoyning  in  Boston  aforesaid,  to  wit,  two  Mes- 

Mass.Ar°chive8,  suages  with  Land  adjoyning  situate  in  Cornhill,   one  Messuage   and 

xix.,  645.  Jour-  Land  adjoining  situate  in  Marlborough  Street,  a  Messuage  and  Land 

House  of  Rep-  adjoining  in  Rawsons  Lane,  whereof  it  appertains  to  the  said  AVilliam 

resentatives  ■gj.^j,,  Xowuseud  to  hold  two  third  parts,  and  to  the  said  Infants  the 

17oo,  April  10,  *■  '  ,  /•    T 

19.24.   Leg-       remaining  third  part,  which  premisses  were  the  Inheritance  or  James 
if/tbrrmfnpi'i'^*  Towusend  late  of  Boston  deceased,  and  the  said  Parties  are  Seized 


of  the  Council, 


in 


^''ff'ik Probate  ^^^^®  proportions  of  the  Reversions,  in  Fee  after  the  Death  of  Charles 
FUes,  7155, 7168,  Chauuccy  of  Bostou  aforesaid  Clerk  of  one  Messuage  and  Land  adjoin- 
Recorfs^ii'b.  33  ^^S  ^^  Marlborough  Street,  and  of  a  peice  of  Land  in  Rawsons  Lane, 
pp.  518, 544; 'lib!  wWch  last  prcmisses  was  the  Estate  of  Elizabeth  Chauncy  late  Wife  of 
pp.m!i22^lib'.  the  said  Charles,  and  it  is  found  impracticable  to  divide  the  premisses 
52,  pp.  338, 339,  among  the  Interested  without  taking  the  two  distinct  Inheritances  afore- 
49,50;  lib.  88?*  said  together,  which  cannot  be  done  without  the  aid  of  this  Court ;  and 
gf.p^mf '  ^'^'  t^^  ^^^^  William  Blair  and  John  Winthrop,  Guardian  of  the  said  Minors 
have  Petitioned  this  Court  praying  their  Aid. 

Be  it  therefore  Enacted^  by  the  (jf'overnor^  Council^  and  House  of  Rep- 
resentatives, 

That  the  Judge  of  Probate  for  the  County  of  Suffolk  be  and  hereby 
is  enabled  to  appoint  five  Freeholders  of  the  County  of  Suffolk  to  make 
Division  of  the  two  several  premisses  aforesaid,  considered  as  one 
Estate  among  the  Interested  in  the  proportions  aforesaid,  and  their 
Return  being  accepted  by  the  said  Judge  shall  be  deemed  as  Valid,  and 
equally  conclude  all  Parties  as  any  other  Divisions  of  Land  made  by 
Virtue  of  the  Laws  of  this  Province  already  in  force.  Provided  always 
that  either  party  being  aggrieved  at  the  Decree  of  the  said  Judge 
confirming  the  Division  made  as  aforesaid  may  have  like  Remedy  of 
appeal,  as  in  other  cases  is  allowed,     \_Passed  April  24,  1738. 


PRIVATE    ACT, 

Passed    1760—61. 


[181] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-fifth  day  of  March,  A.D.  1761. 


[No.  89.] 

AN  ACT  TO  ENABLE  THE  EXECUTORS  OF  THE  LAST  WILL  AND  TESTA- 
MENT OF  SIR  WILLIAM  PEPPERRELL  BARONET  DECEASED,  AND  THE 
OTHER  PRO PRIE[0]  TORS  OF  CERTAIN  TRACTS  OF  LAND  IN  THE  TOWN- 
SHIP[S]  OF  BIDDEFORD  AND  SCARBOROUGH  TO  SUE  FOR  ANY  TRES- 
PASSES COMMITTED  UPON  SAID  TRACTS  OF  LAND  WITHIN  FIVE 
YEARS  PRECEEDING  THE  PRESENT  SESSION  OF  THIS  COURT,  IN  THE 
PRESENT  COUNTY  OF  YORK  — 

Whereas  Sir  "William  Pepperrell  Baronet  was  in  bis  Life  time  and  Preamble, 
at  the  time  of  his  decease  sriesirei^led  in  Fee  of  divers  Tracts  of  Land  fP,f™®^"^°*- 

L.  J  L  J  rJlil  111  JufiBS. 

in  the  Townships  of  Bid[rf]eford  and  Scarborough,  and  among  others  Archives, six., 
of  a  certain  Tract  commonly  called  the  Upperche[c]ker  of  Foxwell's  pdmed in  Mass. 
Patent,  part  in  severalty,  and  part  in  common  and  undivided  with  other  Perpetual 
Proprietors.  1759) ,  p.  403. 

And  whereas  it  is  alledged  that  there  have  been  many  Trespasses  ^'^"^ae'^nate^^' 
committed  upon  the  Premises  within  a  few  years  past,  and  the  County 
of  York  has  been  lately  divided  into  three  Counties,  and  part  of  the 
Premises  may  fall  within  the  County  of  Cumberland,  and  many  diffi- 
culties are  in  the  way  of  prosecuting  Suits  for  said  alledged  Trespasses 
as  the  Law  now  stands,  and  for  some  of  them  it  may  be  impossible  to 
obtain  Justice  without  the  aid  of  a  special  Act  of  this  Province  — 

Be  it  therefore  Enacted  by  the  Governor^  Council  and  House  of  Bep- 
resentatires 

that  any  Action  or  Actions  of  Trespass  [es]  for  any  trespass  or  Tres-  Actions  to  be 
passes  committed  within  five  years  preceeding  the  present  Session  of  co*un^vofYork 
this  Court  upon  any  Tracts  of  Land  in  the  Towns  of  Bid[(:Z]eford  and  Mass.  Arcbivesj 
Scarborough  or  either  of  them,  whereof  the  said  Sir  William  Pepperrell  ?'^->  I^^r'^i^ 

*—  J_jG21Sl3.tlVG  J.vGC" 

was  at  the  time  of  his  decease  sei[s][z]ed  in  severalty  or  in  common  ordsofthe 
and  undivided  with  other  Proprietors  shall  and  may  be  prosecuted  and  63°5"  oTs'  677."'' 
maintained  in  the  present  County  of  York  by  the  Executrix  of  the  Journal's  of  the 
last  Will  and  Testament  of   the  said  Sir  William  Pepperrell  or  the  resentatives!^'' 
Guardians  to  the  Heirs  or  Devisees  of  the  said  Sir  William  Pepperrell  ijei  March  28; 

1  1  T-nrTT.  1  ..,,  ,  .,,1  April  9.    \ork 

where  he  was  seiLs][2:jed  in  severalty,  or  jointly  by  them  with  others,  Probate  Rec 
where  he  was  sei[s][2;]ed  in  common  and  undivided  in  the  same  manner  i73|."'Yoi-k^' 
to  all  intents  and  purposes  as  if  there  had  been  no  division  of  the  late  inf.  Court  of 
County  of  York.     [Passed  April  iVt.  a^^tJ^T"' 

"Trade  Papers,"  vol.  63,  p.  349;  vol.  64,  p.  184;  in  Public  Record  Office,  London.  •^^^^* 
"Acts,  Board  of  Trade,"  No.  239,  in  Public  Record  Office,  London.    "Mass. 
Bay,  Board  of  Trade,"  vol.  78,  L.  1.  25, 31,  in  Public  Record  Office,  London. 

[183] 


» 


PRIVATE    ACT, 
Passed    1761-62. 


[1S5] 


PRIVATK    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Fourteenth  day  of  April,  A.D.  1762. 


[No.  90.] 

AN   ACT  FOR  ENABLING  MARY  HUNT  TO   DISPOSE   AND  CONVEY   HER 
LANDS  AND   INTEREST   IN   HOLDEN 

"Whekeas  Mary  Hunt  upon  her  complaint  of  Cruel  Usage  from  her  Disallowed  by 
Husband  Richard  Hunt,  was  on  the  Fourteenth  day  of  February  1761,  ciT  March^ie"' 
by  Decree  of  the  Governor  and  Council  seperated  from  him  as  to  bed  i'63. 
and  Board  and  sufficient  Alimony  was  by  said  Court  order'd  to  be  paid  ^''°"  t'^^en- 
unto  her  by  said  Richard  Hunt  during  said  seperation,  as  should  there-  BiinnMaJs. 
after  be  ascertained  and  that  in  the  mean  time  untill  such  Alimony  should  4)39^^^'^'^^'  ^^'' 
be  ascertained  and  ordered,  the  Rents  and  profits  of  the  Real  Estate  Province  Laws, 
belonging  to  the  said  Richard  Hunt  and  Mary  Hunt  which  were  the  ^^'g^,  Arrhhes 
Estate  of  the  said  Mary  Hunt  before  her  Intermarriage  with  the  said  is,  436    Leg-' 
Richard  Hunt  be  detained  for  her  Use  and  be  paid  to  her  or  her  Order  ot thrcmmdi'^^ 
and  that  the  same  shall  not  be  Subject  to  the  Power  or  disposition  of  ^^}''->  ^'^^\'^f^' 
the  said  Richard  Hunt,  and  the  said  Mary  hath  by  her  Petition  to  this  of  the  House'* 
Court,  setting   forth   that   she    had   three   Children   by  said   Richard  ^^4^,^p^^6^^"j^^V. 
now  living,  who  is  Unable  to  maintain  any  one  of  them,  and  that  she  26;  17 62.  Jan. 
had  maintained  them  for  fifteen  Months  past,  but  was  Incapable  of  tu'e^uecoi^Tof 
doing  it  any  longer,  and  that  before  her  Intermarriage  with  the  said  "'?  ^l°""Si'' '^•> 
Richard  Hunt  she  was  seized  in  Fee  of  an  Interest  in  Lands  in  the  Worcester  Reg- 
Town  of  Holden  in  the  County  of  Worcester,  afterwards  sett  off  to  lorVor^e^ster 
her  in  the  Division  of  her  Grandfathers  Estate  Containing  about  Eleven  i>istrict,_  book 
hundred  Acres,  bounded  as  follows  viz.  beginning  at  the  North  west  "'^Mass^ Bay, 
Corner  at  an  heap  of  Stones  on  Rutland  Line,  thence  Southerly  anglino-  J^,"^^/  °^   ,  „„ 
on  Andrew  Smiths  Land  three  hundred  and  twenty  seven  Rods  to  an  l-  1.  ai,  43; 'vol. 
heap  of    Stones   at  Fish's  Land,  thence   Southerly  angling  on  Fishs  ^^nKie^Pa.^*^*^' 
Land  five  hundred  and  Sixty  one  Rods  to  an  heap  of  Stones  thence  pers,"  xo.  64, 
Southward  one  hundred  and  fourteen  Rods  to  a  red  Oak  Tree  at  Broads  p!.32;'"  Acts,^* 
Land,  thence  Eastward  angling  by  Broads  Land  one  hundred  and  sixty  ^^.^i^^'  °!^^ 
six  Rods  to  an  heap  of  stones  yet  Easterly  on  Mf  Waldoes  Laud  and  239",— 'inl'ubiic 
common  Land  Seventy  six  Rods  to  a  pine  Tree,  then  North  Thirty  five  Loudon.^"''''" 
Degrees  East,  eighty  one  Rods  to  an  heap  of  Stones  a  corner  of  Col? 
Fitch's  lands  thence  Northerly  angling  on  land  of  said  Fitch  three  hun- 
dred and  forty  seven  Rods  to  an  heap  of  Stones,  thence  Northwest 
by  North  one  hundred  and  four  rods  to  an  heap  of    Stones,  thence 
Northeast  by  East  one  hundred  and  twenty  four  Rods  on  said  Fitch's 
Land,  thence  Northerly  by  Land  of  Col?  Hatch  fifty  five  Rods  to  an 
heap  of  stones  thence  Easterly  by  said  Hatch's  land  two  hundred  and 

[187] 


188  Province  Laws  (Pr/m^e  ^c^.s).  — 1761-62.      [No.   90.] 

twenty  rods  to  a  black  birch,  thence  West  North  AVest  five  Degrees 
North  Oue  huudred  and  twenty  two  Rods  to  an  heap  of  Stones  on  Rut- 
land line,  strait  where  it  began,  oue  half  of  a  Meadow  Lot  on  the 
right  of  her  said  Grandfather  Shores,  and  one  half  of  all  the  after 
Divisions  on  the  right  of  her  said  Grandfather  after  the  fourth  Divi- 
sion of  Land  in  Holden,  and  one  half  of  all  other  Rights  and  Privi- 
ledges  belonging  to  the  same  Right  in  said  Holden  not  before  herein 
mentioned.  That  since  her  Marriage  she  has  sold  about  Three  hundred 
Acres  of  it,  that  said  Lands  are  Uncultivated  and  don't  bring  in  any 
Income  but  are  a  growing  Charge,  by  reason  of  Taxes,  and  as  the 
Profits  of  said  Land  are  by  said  Decree  assigned  her  till  sufficient 
Alimony  or  Seperate  Maintenance  can  be  provided  for  her  of  which 
there  is  no  likelihoods,  pray'd  this  Court  tlaat  she  may  be  authorized 
to  sell  and  Dispose  of  her  Interest  in  said  Lands  in  Fee,  and  to  exe- 
cute one  or  more  Deeds  for  the  Conveyance  thereof  or  any  part  thereof 
in  Fee,  and  may  receive  the  consideration  money  of  such  Conveyance, 
or  Conveyances  to  her  own  use  that  she  may  put  herself  in  some  way 
to  Maintain  herself  and  her  Children. 

Be  it  therefore  enacted  by  the  Governor  Council  and  House  of  Repre- 
sentatives, 

That  the  said  Mary  Hunt  be,  and  she  is  hereby  authorized  to  sell 
and  Dispose  her  remaining  Interest  in  said  Lauds  in  Fee,  and  to  Exe- 
cute in  her  own  name  one  or  more  Deeds  of  Conveyance  thereof  in 
Fee,  and  to  receive  the  consideration  Money  thereof  to  her  sole  Use, 
and  such  Deeds  so  Executed  when  Acknowledged  and  Register'd  shall 
have  the  same  Force  in  Law,  as  tho  :  the  said  Mary  Hunt  was  at  the 
Time  thereof  Sole  and  Unmarried.     {^Passed  April  24, 1762. 


» 


PRIVATE   ACT, 

Passed    1762-63. 


[189] 


PRIVATE    ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twelfth  day  of  January,  A.D.  1763. 


[No.  91.] 

AN  ACT  CONFIRMING  THE  CHRISTIAN  NAME  OF  ANN  BAKER  OF 
DORCHESTER  IN  THE  COUNTY  OF  SUFFOLK  WIDOW  NOTWITH- 
STANDING  THE   MISTAKE   THEREIN. 

Whereas  Ann  Baker  of  Dorchester  in  the  County  of  Suffolk  Widow,  From  the  en- 
hath  petitioned  this  Court  setting  forth,  that  both  her  Parents  being  of  Prov^ilTcTLaws, 
Boston  in  this  Province,  dying  when  the  Petitioner  was  very  young,  iv.,  624,  note. 
they  who  had  the  Care  of  her  Education  taught  her  to  call  her  self  by  oi^cfg  of  the  ^^''' 
the  Christian  Name  of  Ann,  and  always  called  her  so  themselves  ;  That  Council,  xxu-., 
by  the  same  Name  Guardianship  was  granted  for  her,  and  Suits  com-  jour^nais^ofUie 
menced  by  her  said  Guardian,  and  by  the  same  Name  the  Petitioner  on  House  of  Rep- 
the  twenty  sixth  Day  of  July  Anno  Domini  One  Thousand  seven  Hun-  nes,  Jaa.19; 
dred  and  thirty  nine  was  intermarried  with  Thomas  Baker  of  Dorches- ^^j^^^^'g '^■'' 
ter  since  deceased  ;   and  by  the  same  Name  she  has  suffered  within  four  Board  of 
Y'ears  past  a  common  Recovery  ;  when  in  Fact  and  Truth  as  the  Peti-  l!^L5o;  "°Acts', 
tioner  has  lately  discovered  she  was  baptized  at  Boston  the  sixteenth  ?oard  of 

i  rilQ6        ^  o. 

of  April  Anno  Domini  One  Thousand  seven  Hundred  and  twenty  one  239;  "'xrade 
by  the  name  of  Sarah  ;  and  thereupon  praying  this  Court  that  the  said  pp''f86,'264°-ui 
name  of  Ann  may  be  confirmed  to  her,  and  all  Doubts  touching  the  Public  Record 
Validity  of  Acts  done  and  suffered  by  her  in  that  Name  may  be  taken 
away  by  the  Authority  of  this  Court. 

Be  it  therefore  enacted  by  the  Governor,  Coimcil  and  House  of  Repre- 
sentatives, 

That  the  said  Name  of  Ann  be,  and  hereby  is  confirmed  to  the  Peti- 
tioner ;  and  all  Acts  heretofore  done  or  suft'ered  by  the  Petitioner,  or 
hereafter  to  be  done  or  suffered  by  her  in  the  said  name  of  Ann  are 
hereby  declared  to  be  valid  to  all  Intents  and  Purposes  as  if  the  Peti- 
tioner had  been  baptized  by  the  said  name  of  Ann.  \_Passed  February 
17 ;  published  February  26,  1703. 

[191] 


192 


Province  Laws  {Private  Acts).  —  1762-63.     [No.  92.] 


[:N'o.  92.] 


From  the  en- 
grossment. 
Province  Laws, 
iv.,  624,  note. 
Legislative  Rec- 
ords of  the 
Council,  xxiv., 
478,  564, 576, 593, 
605,  612,  627. 
Journals  of  the 
House  of  Rep- 
resentatives, 

1762,  Sept.  11; 

1763,  Feb.  7, 10, 
15,  18,  21.     Suf. 
folk  Probate 
Files,  10482. 
Worcester  Reg- 
istry of  Deeds 
for  Worcester 
District,  book 

48,  p.  54;  book 

49,  p.  465. 

"  Mass.  Bay, 
Board  of 
Trade,"  vol.  78, 
L.l.  50;  "Acts, 
Board  of 
Trade,"  No. 
239;  "Trade 
Papers,"  vol. 
65,  pp.  186,  264, 
—  in  Public 
Record  Office, 
London. 


AN  ACT  TO  ENABLE  FAITH  COOKSON  WIFE  OF  OBADIAH  COOKSON  TO 
MAKE  SALE  OF  CERTAIN  LANDS  IN  THE  TOWNSHIP  OF  RUTLAND 
SET  OFF  TO  HER  PURSUANT  TO  THE  WILL  OF  HER  LATE  FATHER 
CORNELIUS  WALDO  ESQ^ 

Whereas  Cornelius  Waldo  late  of  Boston  Esq^  did  by  his  last  Will 
and  Testament  duly  proved  and  approved  after  other  Legacies  devise 
to  his  Daughter  Faith  Cookson  then  and  still  under  Covert  with  Oba- 
diah  Cookson  one  Eighth  share  of  the  residuary  part  of  his  Estate, 
which  was  accordingly  set  off  to  her  in  part  by  certain  Lots  or  parcells 
of  Land  lying  in  the  Township  of  Rutland,  which  lands  are  wholly  un- 
improved and  yield  no  income  or  Profit :  And  the  said  Obadiah  and 
Faith  having  lived  seperate  for  divers  Years  past  and  continuing  so  to 
do  by  means  whereof  the  support  of  herself  and  children  lyes  altogether 
upon  the  said  Faith,  and  she  having  by  her  Petition  to  the  General 
Court  prayed  that  she  may  be  enabled  to  make  sale  of  the  Lots  or  par- 
cels of  land  so  devised  and  assigned  to  her.  And  the  said  Obadiah 
having  been  duly  notified  of  the  said  Petition  and  having  offered  no 
reasonable  objection  thereto. 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of  Rep- 
resentatives  ; 

That  the  said  Faith  Cookson  Wife  of  Obadiah  Cookson  aforesaid, 
be  and  hereby  is  empowered  and  enabled  to  sell  and  dispose  of  all  and 
any  Part  of  such  Lots  or  Parcels  of  Land  in  Rutland  aforesaid  as  may 
have  been  set  off  to  her  in  part  of  her  Eighth  share  of  the  residuary 
part  of  the  Instate  of  her  said  late  Father  Cornelius  Waldo  Esq^  pursu- 
ant to  his  said  last  Will  in  such  manner,  for  such  Term,  and  such  Pro- 
portion as  she  may  think  most  convenient  and  proper,  and  to  make  and 
Execute  any  Deed  or  Deeds  for  the  conveyance  and  assuring  the  same, 
her  said  Coverture  with  the  said  Obadiah  notwithstanding.  [^Passed 
February  24;  published  February  26,  1763, 


[3d  Sess.]    Province  LiAWS  (Jr'rivate  Ads) .  — 1762-63.  193 


[No.  93.] 

AN  ACT  TO  ENABLE  THE  SURVIVING  EXECUTORS  OF  EDWARD  JACK- 
SON GENTLEMAN  DECEASED  TO  DISPOSE  OF  PART  OF  HIS  REAL 
ESTATE  IN   SHUTESBURY  IN  THE  COUNTY  OF  HAMPSHIRE. 

Whereas  Daniel  Marsh,  Samuel  Sewall,  and  Thomas  Gushing  sur- From  the  en- 
viving  Executors  of  the  last  Will  and  Testament  of  Pklward  Jackson  proTincTLaws, 
late  of  Boston  deceased  have  by  their  Petition  to  this  Court  set  forth  iv-,  624,  note, 
that  the  said  Edward  in  his  Will  ordered  all  his  Real  Estate  to  be  sold  |;;|,^  of  the  ^*'*" 
except  his  Lands  in  Road  Town,  and  that  he  had  some  Years  before  Council,  xxiv., 
his  Death  purchased  about  twenty  five  hundred  Acres  of  Land  in  said  of  the  Hou^e  of 
Road  Town  now  called  Shutesbury  in  the  County  of  Hampshire,  and  Represeuta-^ 
had  afterwards  taken  a  Mortgage  of  about  five  Thousand  Acres  more  20;  Feb.s',  s-io, 
which  lay  in  common  and  undivided  with  said  purchase,  that  his  Ex-  foi^  probate"^" 
ecutors  since  his  Death  having  been  obliged  to  sue  out  said  Mortgage,  Files,  iiseo. 
hold  the  Land  in  common  and  undivided  with  the  said  purchased  Land,  Board^of  ^^' 
which  thev  ai'c  restrained  from  selling  as  above,  whereby  the  circum- T'fde,"  yoi  78, 

•^  .        .  ^  11  1  L.  1.50;  'Acts, 

stances  of  the  Estate  uecessitatmg  them  to  sell  or  convey  to  others  Board  of  ^ 
Part  of  the  said  Lauds,  and  there  being  no  way  to  divide,  they  are  put  'f39''.'^f.''TJ^ad'e 
to  great  difficulty :  And  that  the  Term  of  three  Years  only,  from  the  i'apers,"voi.65, 
first  of  July  1761,  being  allowed  to  compleat  tlie  Terms  of  the  Original  pubiic  Record"^ 
Grant  by  an  Act  of  the  General  Court,  the  said  Lands  may  be  exposed  office,  London, 
to  a  Forfeiture,  as  it  is  not  likely  the  required  Duty  can  be  done  within 
the  Time  yet  remaining  of  said  Term,  which  circumstance  will  impede 
the  Sale  of  any  Part  of  the  Land,  and  retard  any  advances  to  the  set- 
tlement of  the  rest,  notwithstanding  they  Cost  their  Testator  a  large 
sum  of  Money,  and  considerable  sums  had  been  paid  by  him  in  his  life 
time  as  well  as  by  his  Executors  since  his  Death,  in  Taxes  and  other- 
wise. But  that  as  the  Executors  have  got  over  some  Incumbrances  which 
have  heretofore  delayed  the  settlement  of  these  Lands  the  above  Em- 
barassments  being  also  removed,  they  doubted  not  the  Duty  on  said 
Lands  would  be  immediately  forwarded,  and  as  soon  as  possible  com- 
pleated,  therefore  the  said  Executors  prayed  that  this  Court  would 
enable  and  empower  them  so  far  in  the  discharge  of  their  Trust  as  to 
sell  and  convey  any  Part  or  Parts,  Lot  or  Lots  of  said  Land  in  as  legal 
and  authentic  a  manner  as  if  the  said  part  or  parts  Lot  or  Lots  by  them 
Conveyed  were  parcel  of  the  said  Mortgaged  Lauds  legally  divided  from 
the  Original  Purchase  aforesaid  and  held  in  severalty.  Provided  neverthe- 
less that  there  be  reserved  out  of  the  whole  Tract  of  seven  thousand  five 
hundred  Acres  aforesaid  such  and  so  much  Land  as  shall  be  equivalent 
in  quantity  and  Quality  to  the  twenty  five  hundred  Acres  purchased  by 
the  Testator  as  aforesaid,  to  remain  unsold  and  to  be  disposed  accord- 
ing to  his  said  Will.  And  that  there  might  be  a  further  time  granted  for 
the  compleating  the  Terms  of  the  Original  Grant  of  said  Land, 

xind  \VJiereas  all  Parties  interested  in  the  premisses  have  Signified 
their  desire  and  consent  that  the  Prayer  of  the  said  Executors  may  be 
granted  in  manner  aforesaid. 

Be  it  therefore  enacted  hy  the  Governor^  Council  and  House  of  Rep- 
resentatives; 

That  the  aforesaid  Executors  be  hereby  Enabled  and  Authorized  to 
sell  and  convey  any  Part  or  Parts,  Lot  or  Lots  of  said  Lands  in  as  legal 
and  authentic  a  manner  as  if  said  Part  or  Parts,  Lot  or  Lots  were  par- 


294  'PRovmcE  JjAws  {Private  Acts).  — 1762-63.      [No.  93.] 

eel  of  said  Mortgaged  Lauds  legally  divided  from  the  Original  purchase 
aforesaid,  and  held  in  Severalty  :  and  to  execute  a  Deed  or  Deeds 
thereof  in  Fee  accordingly,  and  that  such  Deed  and  Deeds  shall  be  valid 
in  Law  to  pass  the  said  Interest  in  Fee. 

Provided  nevertheless  that  there  be  reserved  out  of  the  whole  Tract 
of  seven  thousand  and  Ave  hundred  acres  aforesaid,  such  and  so  much 
Land  as  shall  be  equivalent  in  quantity  and  Quality  to  the  twenty  five 
hundred  Acres  purchased  by  the  Testator  as  nforesaid,  to  remain  un- 
sold, and  to  be  disposed  according  to  his  said  Will.  And  that  the 
further  Time  of  three  Years  be  allowed  for  compleating  the  Terms  of 
the  Original  Grant  of  said  Lands — [Passed  February  24;  pxihlished 
February  26,  1763. 


PRIVATE    ACTS, 

Passed    1764—65, 


[195] 


I 


PRIVATE    ACT 

Passed    at  the  Session  begun  and  held  at  Con- 
cord, ON  the  Thirtieth  day  of  May,  A.D.  1764. 


[No.  91.] 

AX  ACT  TO  ENABLE  ABIGAIL  LITTLE  OF  PEMBROKE,  FORMERLY  THE 
AVIDOW  OF  ISAAC  THOMAS  LATE  OF  SAID  PEMBROKE  GENTLEMAN 
DECEASED,  TO  RECOVER  OF  THE  CHILDREN  AND  HEIRS  OF  THE 
SAID  ISAAC  CERTAIN  SUMS  OF  MONEY  DUE  FROM  THEM  TO  THE 
SAID  ABIGAIL  FOR  RIGHT  OF  DOWER  IN  THE  REAL  ESTATE  THAT 
WAS  THE  SAID  ISAAC  THOMAS'S. 

AViiEREAS  oa  the  thirty  first  Day  of  July,  in  the  Year  of  our  Lord  Disallowed  b>- 
One  Thousand  seven  Hundred  and  thirty  two,  there  was  an  Agreement  cu!juuJ26°"° 
in  Writing  made  between  the  said  Abigail  Little,  then  called  Abigail  .^'^^• 
Thomas,  and  the  Guardians  to  Edward  Thomas,  Mary  Thomas,  Ruth  groa^ment!"" 
Thomas,  Isaac  Thomas  and  Abigail  Thomas,  Children  and  Heirs  of  f^'oyince  Laws, 

~  IV     782   Dote 

Isaac  Thomas  aforenamed  Deceased  ;  to  this  Effect,  Viz?,  that  the  said  ^agg.  ircbives, 
Abigail  Little  should  convey  to  the  Children  and  Heirs  aforesaid,  all  ?i5'-..'?"6-   i-eg- 
her   Right  of  Dower  in  the  real  Estate  of    her  said  Husband  Isaac  oVtue  Council,* 
Thomas,  Viz?  one  third  Part  thereof  to  the  said  Edward  Thomas,  and  ^^^gj'  ^103' v^7'' 
one  sixth  Part  thereof  to  each  of  the  other  Children  beforenamed  ;  and  234,  265.  Jo'ir- 
that  in  Consideration  thereof,  the  said  Edward  Thomas,  Mary  Thomas,  HoL°e^  of  Rep- 
Ruth  Thomas,  Isaac  Thomas  and  Abigail  Thomas,  should  pay  to  the  reseutatives, 
said  Abigail  Little  the  sum  of  Forty  five  Pounds  in  current  Money,  or  june'2?4;Bec. 
Bills  of  Credit  at  or  before  the  fifteenth  Day  of  November  then  next,  ^9|  ^^f^^^^^^j 
and  the  like  Sum  of  Forty  five  Pouuds  in  like  Specie  on  or  before  the  u'.   Piymoutii 


Probate  Kec- 


pp. 


fifteenth  Day  of  November  Yearly,  and  every  Year  then  follow^ing  during  ords,  vol  6 
her  natural  Life,  in  the  following  Proportion,  Viz?,  one  Third  of  the  30,  si.  iss,  21 
said  Sum  by  the  aforenamed  Edward  Thomas,  and  the  other  two  Thirds  352".    ''MassT'' 
by  the  said  Mary.  Ruth,  Isaac  and  Abigail :  T?ade^"''Yoi°77 

And  whereas  the  said  Abigail  Little  then  Abigail  Thomas,  did  on  M.  m.'55;__voi.  ' 
the  said  thirty  first  Day  of  July  in  the  Year  of  our  Lord  One  Thousand  79)  m.  m!V,  55!' 
seven  Hundred  and  thirty  two,  by  her  Deed  duly  executed  and  recorded,  ','  Acts,  Board  of 
grant  and  convey  her  Right  of  Dower  aforesaid  to  .the  Children  and  240-  " Pilnta- 
Ileirs  aforesaid,  according  to  the  said  Agreement,  and  they  now  hold  tions  General, 
the  same  :  Trade,"  vol.  42, 

And  whereas  some  of  the  Children  Heirs  of  the  said  Deceased,  Viz?  p„biicRecord 
Edward  Thomas,  Josiah  Cushing  and  Ruth  his  Wife,  Benjamin  Jacobs  office,  London, 
and  Mary  his  AVife,  ever  since  the  fifteenth  Day  of  November  One 
Thousand  seven  Hundred  and  fifty,  have  utterly  refused  to  pny  the 
said  Abigail  any  Thing  more  for  her  Right  of  Dower  aforsaid,  and  the 
agreement  aforesaid  having  been  adjudged  insufficient  in  Law  to  recover 
the  same.     Therefore. 

[197J 


108  Province  Laws  (P;nmYe^c^s).  — 1764-65.     [No.  94.] 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representatives, 

That  the  said  Abigail  Little  be,  and  hereby  is  empowered  to  sue  for, 
demand  and  recover  of  the  said  Edward  Thomas  and  Josiah  Cashing 
of  Pembroke  and  Ruth  his  Wife,  heretofore  Ruth  Thomas,  and  Benja- 
min Jacobs  of  Scituate  and  Mary  his  Wife,  heretofore  Mary  Thomas, 
"which  said  Josiah  and  Benjamin  have  since  intermarried  with  the  said 
Ruth  and  Mar}' Thomas,  Children  and  Heirs  as  before-mentioned,  such 
a  Sum  of  Money  as  shall  be  equivalent  to  their  Proportion  of  Forty  five 
Pounds  a  Year  in  the  then  current  Bills  of  Credit  on  this  Province,  being 
the  Sum  she  was  Yearly  to  have  been  paid  by  them,  for  her  Right  of 
.  Dower  as  aforesaid,  from  the  fifteenth  Day  of  November  one  Thousand 
seven  Hundred  and  Fifty,  until  the  fifteenth  Day  of  November  one 
Thousand  seven  Hundred  and  Sixty  four,  namely,  one  third  Part  of 
said  Forty  five  Pounds  from  the  said  Edward  Thomas  ;  One  sixth  Part 
thereof  from  the  said  Josiah  Cushing  and  Ruth  his  Wife  ;  one  sixth 
Part  thereof  from  Benjamin  Jacobs  and  Mary  his  Wife. 

And  he  it  further  enacted, 

That  if  the  said  Edward  Thomas,  Josiah  Cushing  and  Ruth  his  Wife, 
Benjamin  Jacobs  and  Mary  his  Wife,  shall  after  the  said  fifteenth  Day 
of  November,  one  Thousand  seven  Hundred  and  Sixty  four,  upon  De- 
mand made  by  the  said  Abigail  Little,  neglect  or  re  [fuse  to  g*]ive  the 
said  Abigail  Little  Security  for  the  Payment  of  their  Proportion  afore- 
said of  a  Sum  equal  to  the  said  Forty  five  Pounds  Yearly,  during  her 
natural  Life  ;  in  that  Case  tlie  Judge  for  the  Probate  of  Wills  &c  in  and 
for  the  County  of  Plymouth,  on  Application  to  him  made,  is  hereby 
empowered  and  directed,  to  assign  and  set  off  to  the  said  Abigail  her 
Right  of  Dower  in  the  real  Estate  of  her  said  late  Husband  Isaac 
Thomas,  that  was  assigned  to  the  said  Fldward  Tliomas,  Josiah  Cush- 
ing and  Ruth  his  Wife,  Benjamin  Jacobs  and  Mary  his  Wife,  who  are 
the  Children  and  Heirs  refusing  as  aforesaid,  having  Regard  to  the 
Improvement  made  on  the  same,  since  the  Death  of  her  said  Husband 
Isaac  Thomas  ;  and  the  said  Abigail  is  hereby  empowered  to  hold  the 
same  during  Life,  lier  Deed  tiiereof  to  the  said  Children  and  Heirs  as 
aforesaid  notwithstanding.      [Passed  June  14. 

*  Engrossment  illegible. 


I 


PRIVATE    ACT, 

Passed    1765-66. 


[199] 


PRIVATE    ACT 

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


[No.  95.] 

AN  ACT  IMPOWERING  PETER  HALLET  TO  MAKE  AND  EXECUTE  A 
DEED  OF  EXCHANGE  WITH  STEPHEN  HALLET,  OF  CERTAIN  LANDS 
LYING   IN  YARMOUTH,   IN   THE   COUNTY   OF   BARNSTABLE. 

Whereas  it  appears  to  this  Court  that  Jolm  Hallet,  late  of  Yarmouth,  Preamble. 
in  the  County  of  Barnstable,  deceased,  in  his  Life  Time,  and  Stephen  ^°if°^''°®*" 
Hallet  of  the  same  Town,  did  agree  to  Exchange  some  Lands  with  From  Mass. 
each  other,  as  follows  :  The  said  Stephen  agreed  that  the  said  John  by  Law^°n37to 
way  of  Exchange  should  have  of  said  Stephen's  Laud,  a  certain  piece  June  17, 1774 
of  Wood  Land,  containing  about  eight  Acres  adjoining  to  said  John's  6upp°ementr^)° 
Farm  in  Yarmouth  afoi'esaid  ;  and  the  said  John  agreed  that  the  said  p-^s'i- 

'  ■    ,         A  f  -iiii    Province  Laws, 

Stephen  by  way  of  Exchange  for  the  eight  Acres  aforesaid,  should  iv.,  859,  note, 
have  of  the  said  John's  Laud,  one  quarter  Part  of  a  small  Cedar 
Swamp,  lying  in  Yarmouth  aforesaid ;  and  immediately  upon  this 
Agreement,  which  was  made  in  the  Year  One  Thousand  seven  Hun- 
dred and  fifty-seven,  the  said  Stephen  and  John  took  Possession  of 
the  Lands  by  them  Exchanged  ;  but  so  it  happened  that  the  said  John 
died  before  any  Deeds  of  Exchange  were  made  between  them  ;  and 
Application  being  made  by  the  said  Stephen,  and  Peter  Hallet,  Ex- 
ecutors of  the  last  Will  and  Testament  of  the  said  John,  to  this  Court, 
that  the  said  Peter  may  lie  enabled  and  impowered  in  his  said  Capacity 
to  make  and  Execute  a  good  Deed  of  Exchange  with  the  said  Stephen 
of  the  Land  beforementioued.     AYherefore, 

Be  it  enacted  by  the  Governor,  Council,  and  House  of  Representa- 
tives, 

That  Peter  Hallet,  one  of  the  Executors  of  the  last  Will  and  Testa-  Petei-  Haiiet 
mentof  John  Hallet,  late  of  Yarmouth  in  the  County  of  Barnstable,  exec°iuoro'fthe 
deceased,  be,  and  he  is  hereby  fully  authorized  and  impowered  to  make  last  win  of 
and  Execute  a  good  Deed  of  Exchange  of  one  quarter  Part  of  a  small  exec"ute\  deed 
Cedar  Swamp,  lying  and  being  in  Yarmouth  aforesaid,  belonging  to  ^-^^^^l^^^ll^^ 
his  Testator  John  Hallet,  deceased,  with  Stephen  Hallet  of  the  same  Haiie't. 
Town,  for  eight  Acres  of  Wood  Land,  adjoining  to  the  said  John's  Journals  of  the 

Hout*6  01  Kgd- 

Farm  lying  in  Yarmouth  aforesaid,  belonging  to  said  Stephen  ;  and  resentatives, 
the  said  eight  Acres  upon  passing  the  said  Deeds  of  Exchange,  shall  }.2^^'Legisiath°e 
be  accounted  as  Part  and  Parcell  of  the  Real  Estate  of  the  said  John  Records  of  the 
deceased ;   and  shall  be  divided  among  his  Legatees  according  to  his  ^i^-ir'^'Ba^r"' 
last  Will  and  Testament;  and  the  said  Cedar  Swamp  shall  be,  and  stable  Probate 
belong  to  Stephen  Hallet,  his  Heirs  and  Assigns.     \_Passed  June  12 ;  xii.*^°"Ma'^°.' 
published  June  25.  Tmde^"  voi.°78. 

L.  L94;  vol.  79,  M.  m.55;  in  Public  Record  Office,  London.  "  Acts,  Board  of  Trade," 
No.  240,  in  Public  Record  Office,  London.  "  Trade  Papers,"  vol.  67,  p.  259;  vol. 
69,  p.  48;  in  Public  Record  Office,  London. 

[201] 


PRIVATE   ACT, 

Passed    \^66-6^. 


[203] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-eighth  day  of  May,  A.D.  1766. 


[IS'o.  96.] 

AN    ACT    TO    ENABLE    WILLIAM     PEPPERRELL     SPARHAWK    ESQR    TO 
TAKE   THE   NAxME   OF   WILLIAM   PEPPERRELL. 

Whereas  the   late  Sir  William  Pepperrell  Baronet,  in  and  by  his  From  the  en- 
last  Will  and  Testament,  gave  and  devised  to  his  Grandson  William  ?j;?f?"w°^- 
Pepperrell  Sparhawk  Esq-  the  greatest  part  of  his  Real  and  Personal  Archives, 
Estate  on  Condition  that  he  should  take  on  him  by  Authority  of  the  Pr^ovlnce  Laws, 
General  Court,  if  to  be  obtained,  the  name  of  William  Pepperrell.  iv.,  924,  note. 

Be  it  therefore  Enacted  by  the  Governor,  Council  and  House  of  Rep-  H°o'u"e"of°Kep-^ 

resentatives,  resentatives, 

That  the  said  William  Pepperrell  Sparhawk  be  enabled,  and  he  is  17!^' Legislative 
hereby  enabled  to  take  upon  himself  the  name  of  William  Pepperrell ;  Records  of  the 

11'     (_,OUIlCiI    XXTl 

And  all  Acts  hereafter  to  be  executed  by  the  said  William  Pepperrell  250, 254.' 
Sparhawk,  or  for  the  Benefit  of  him,  his  Heirs  and  Assigns  in  or  by  Bolrd^of '^'^ ' 
the  Name  of  William  Pepperrell,  are  hereby  declared  to  be  as  good  and  Trade,'^voi.79, 
valid  as  tliose  heretofore  made  in  or  by  the  Name  of  William  Pepi^errell  PubUc^Record" 
Sparhawk.     [Passed  June  18.  office,  London. 

"  Acts,  Board  of  Trade,"  vol.  240,  in  Public  Record  Office,  London.    "  Trade  Papers," 
vol.68,  p.  425,  in  Public  Record  Office,  London. 

[205] 


PRIVATE    ACT, 

Passed    1767—68. 


[207] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-seventh  day  of  May,  A.D.  1767. 


[No.  97.] 

AN  ACT  TO  EMPOWER  ABIGAIL  CONQUERET  OF  LANCASTER  IN  THE 
COUNTY  OF  WORCESTER  WIFE  OF  LEWIS  CONQUERET  MARINER, 
TO  COMMENCE  AND  PROSECUTE  TO  FINAL  JUDGMENT  AND  EXECU- 
TION, CERTAIN  ACTION  OR  ACTIONS  AGAINST  FRANCIS  MORRIS  AND 
THOMAS  LEGGET  OF  LEOMINSTER  IN  SAID  COUNTY,  AND  FOR  SUB- 
JECTING THE  SAID  ABIGAIL  CONQUERET  TO  THE  ACTION  OR 
ACTIONS  OF  THE  SAID  FRANCIS  MORRIS  AND  THOMAS  LEGGET,  AS 
THOUGH  SHE   WAS   SOLE   AND  UNMARRIED. 

Whereas  the  said  Abigail  Conqueret  of  Lancaster  in  the   County  Disallowed  by 
of  \yorcester,  has  represented  to  this  Court,  that  her  Husband  Lewis  cut  June  29°"°" 
Conqueret  went  to  Sea  in  the  Year  One  Thousand  seven  Hundred  and  i'68. 
fifty  eight,  and  that  she  has  never  seen  him  since:  and  that  she  has  ^^^ '^'^'^.''°" 
heard  nothing  of  him  for 'four  Y^ears  last  past ;  and  that  in  the  Month  BiuiuMass. 
of  October  Anno  Domini  One  Thousand  seven  Hundred  and  sixty  five,  -i^^^^i^es,  xhv., 
she  suffered  two  grievous  Assaults  and  Batteries,  one  from  one  Francis  Province  Laws, 

iv     994   note 

Morris  of   Leominster  in  the  said  County  of  Worcester;  and  fiuother  j^jj^gg^^rgiji^'gg^ 
from  one  Thomas  Legget  of  the  same  Town,  wliich  brought  on  her  a  ssii.,  518-523; 
Fever  and  other  Disorders,  under  which  she  languished  for  more  than  jJurnaTsof'the 
six  Months   then  next  following;  and  that  slie  has  not  been  able  to  ^°"®f  ?/ ^^^1^" 
recover  her  former  Health  to  this  Time;  and  that  although  she  has  i767, June  11,1:, 
suffered  great  Pains,  and  been  subjected  to  great  Expence,  Dfvmage  flf^ii've  Records 
and  Loss  by  means  of  the  Injuries  and  Abuses  aforesaid  ;  and  though  of  the  Council, 
she  and  the  said  Thomas  Legget  have  mutually  submitted  to  the  Award  Executive  Rec" 
of  judicious   indifferent  Persons  her  Right  to  a  Recompence  against  ^ou*„°fi*xvi 
him  for  the  Damages  she  sustained  by  the  Assault  and  Battery  aforesaid  348.   "Mass'.' 
by  liim  committed   upon  her,  and  the  said  arbitrators  have  made  an  Tra(ie!"^voi  so, 
award  in  her  Favour;   yet  the  said  Thomas  Legget  refuses  to  abide  by  N.n.  9';  vol.  86, 

X)  273  *  **  Acts 

aad  perform  the   same  —  and  as  the  said  Lewis  Conqueret,  the  Hus-  Board  of       ' 
band  of  the   said   Abigail   (if  living)  is  in  foreign  Parts  unknown  to  2^4i*'^'^''Tmd' 
the  said  Abigail,  and  no  Person  in  this  Province  empowered  to  bring  Papers,"  vol. 70, 
any  Actions  In  his  Behalf  :  VkTold ''"'" 

And  tvhereas  it  is  apprehended  the  said  Abigail  in  these  Circum-  office,  London, 
stances  cannot  maintain  Actions  in  her  own  Name  in  the  Cases  afore- 
said, or  any  other,  without  the  aid  of  this  Court: 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representatives, 
That  the  said  Abigail  Conqueret  be,  and  hereby  is  empowered  in  her 
own  Name  to  commence  and  prosecute  to  final  Judgment  and  Execu- 
tion, any  personal  Action  or  Actions  against  the  said  Francis  Morris 

[209] 


210  Province  Laws  (Private  ^c^s).  — 17(37-68.      [No.  97.] 

and  Thomas  Legget,  each  or  either  of  them  that  hath  arisen  or  may 
arise  from  the  Assaults  &  Batteries  afores-'  or  upon  any  Bond  of  sub- 
mission in  consequence  thereof  in  the  same  manner  the  said  Abigail 
Conqueret  might  have  done  was  she  sole  and  unmarried  ;  and  as  she 
might  do  had  she  been  Feme  sole  and  unmarried  ever  since  the  last 
Day  of  September,  One  Thousand  seven  Hundred  and  sixty  five  :  And 
the  said  Abigail  Conqueret  is  hereby  fully  empowered  after  commenc- 
ing any  Action  or  Actions  as  aforesaid  to  release,  discharge  or  submit 
to  Reference  any  such  Action  or  Actions,  and  to  do  and  perform  all 
such  Acts  and  Things  relating  thereto,  which  she  might  do  if  she  were 
sole  and  unmarried  ;  which  Acts  so  done  by  her  before  the  Return  of 
her  Husband,  shall  be  good  and  valid  in  Law  ;  and  his  Majesty's 
Courts  of  Justice,  and  Justices  of  the  Peace  respectively,  before  whom 
such  Action  or  Actions  may  be  brought,  are  hereby  empowered  to  enter 
up  Judgment,  and  award  Execution  accordingly  :  And  in  Case  on  the 
Trial  of  such  Action  or  Actions  Judgment  shall  be  rendered  for  the 
Defendant  or  Defendants  to  recover  his  or  their  Costs,  the  said  Courts 
or  Justices  of  the  Peace,  are  hereby  empowered  to  tax  Costs  for  the 
Defendant  against  the  said  Abigail,  for  the  securing  the  Payment  of 
which  Costs  ;  and  for  preventing  the  said  Abigail  from  commencing 
any  causeless  and  vexatious  Action  or  Actions  by  Virtue  of  this  Act. 

Be  it  farther  enacted,,  and  provided, 

That  when  and  so  often  as  the  said  Abigail,  shall  by  Virtue  of  this 
Act  commence  any  Action  against  either  of  the  said  Persons,  she  shall 
at  the  Purchase  of  such  original  Writ,  procure  to  be  made  and  executed 
to  the  Defendant  therein  named  a  Bond  under  Hands  and  Seals  of  two 
Obligors  of  sufficient  Ability  ;  and  in  a  penal  Sum  sufficient  in  the  Judg- 
,  ment  of  the  Court  of  Justice,  before  whom  such  action  shall  be  brought, 

with  Condition  for  paying  the  Cost  that  may  be  taxed,  and  responding 
and  satisfying  the  Judgment  that  may  be  given  against  her  as  afore- 
said, which  Bond  shall  be  lodged  in  the  Clerk's  Office  of  the  Court,  or 
with  the  Justice  respectively  before  whom  such  Action  shall  be  ;  and 
upon  the  Defendant's  first  Appearance  in  such  Cause  shall  be  delivered 
to  him  for  his  Security,  if  requested  ;  otherwise  the  said  Abigail's  Writ 
shall  abate,  and  the  Defendant  have  Judgment  against  her  for  his  Costs, 
to  be  levied  on  the  Goods  and  Chatties  of  the  said  Lewis  in  her  Hands 
(if  any  such  there  be)  and  in  Want  thereof  on  her  the  said  Abigail's 
Body. 

And  be  it  further  enacted, 

That  the  said  Francis  Morris  and  Thomas  Legget,  or  either  of  them, 
be  and  are  hereby  empowered  to  commence  and  bring  any  Action  or 
actions  against  the  said  Abigail  Conqueret,  that  have  any  relation  to 
the  Assaults  &  Batteries  aforesaid  or  that  might  arise  therefrom  as  he 
or  they  might  have  done,  had  she  been  sole  and  unmarried.  \_Passed 
June  25. 


PRIVATE    ACT 

Passed    1771-72. 


[•.'11] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Cam- 
bridge, ON  THE  Eighth  day  of  April,  A.D.  1772. 


[No.  98.] 

AN  ACT  TO  CHANGE  THE  CHRISTIAN  NAME  OF  WILLIAM  CLARK  TYLER 
FROM    WILLI  A  [M    CLARK   TO   ROYALL*]. 

Whereas  it  has  been  represented  to  this  Court  tliat  it  would  be 
much  for  the  advantage  of  William  C[lark  Tyler*]  a  minor,  Son  of 
Royall  Tyler  late  of  Boston  Esquire  deceased  if  his  Christian  name 
might  be  changed  from  Willi[am  Clark*]  to  Royall: 

Be  it  therefore  Enacted  by  the  Governor,  Council  and  House  of  Rep- 
resentatives, 

That  the  Christian  [name  *]  of  the  said  William  Clark  Tyler  be, 
and  it  hereby  is  accordingly  changed  from  William  Clark  to  Royall ; 
and  all  a[cts  hereafter  *]  to  be  executed  by  him,  or  in  his  behalf,  during 
his  Minority,  and  by  him,  after  he  shall  have  arrived  at  full  age,  [in 
or  by  the  *]  name  of  Royall  Tyler,  are  hereby  declared  to  be  as  good 
and  valid  in  Law,  as  if  his  Christian  name  had  not  been  [changed  *  j 
in  manner  as  aforesaid.     \^Passed  April  23,  1772. 

65;  vol.  82,  P.  p.  66;     "Acts,  Board  of  Trade."  vol.243;  "Trade  Papers,"  vol.  74,  pp. 
121, 132;  vol.  75,  pp.62,  64,  — iu  Public  Record  Office,  Loudon. 

*  Enffrossmeiit  mutilated. 


From  the  en- 
grossment. 
Bill  in  Mass. 
Archives, 
Isxxviii.,  151. 
Province  Laws, 
v.,  181,  note. 
Mass.  Archives, 
lxxxviii.,150. 
Legislative  Rec- 
ords of  the 
Council,  xxix., 
188,  202.    Jour- 
nals of  the 
House  of  Rep- 
resentatives, 
1772,  April  21- 
23.    "  Mass. 
Bay,  Board  of 
Trade,  vol.81, 
O.  o.  36,  37,  39, 


[213] 


PRIVATE   ACT, 

Passed    1772-73. 


[215] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Cam- 
bridge, ON  THE  Twenty-seventh  day  of  May, 
A.D.  1772,  and  held,  by  adjournment,  at  Boston, 
ON  THE  Sixteenth  *  day  of  June  following. 


'      [No.  99.] 

AN  ACT  FOR  CHANGING  THE  CHRISTIAN  NAME  OF  WILLARD  WHEELER 
FROM  WILLARD,  TO  WILLIAM   WILLARD. 

Whereas  it  has  been  represented  to  this  Court  by  Willard  Wheeler  From^he  en. 
of  George  Town  in  the  County  of  Lincoln  Clerk  that  it  would  be  of  province  Laws, 
great  advantage  to  him  were  his  Christian  name  changed  from  Willard  ^'^  ^^j|^°.^.^''" 
to  William  Willard  ;   and  hath  thereupon  supplicated  this  Court  that  ortfJof  tiil 
the  same  may  be  changed  accordingly.  284,'289.'  ''jour. 

Be  it  therefore  Enacted  by  the  Governor,  Council  and  House  of  Rep-  nai'e  of  the 

.     . .  House  of  Rep- 

resentatives  resentatives, 

That  the  Christian  name  of  the  said  Willard  be,  and  the  same  is  im.Junejg, 
hereby  changed  from  Willard  to  William  Willard,  and  that  the  name  Bay,  Borrd'of 
William  WiUard  only  shall  henceforth  be  deem'd  to  be  the  Christian  or  Trade/ '^vol  54; 
forename  of  the  said  Wheeler,  and  shall  be  so  adjudged  in  Law,  and  48, 64;' vol.  82, ' 
for  every  other  purpose  whatsoever  —  [Passed^  July  14.  Pubiio  Re'cord 

Office,  London.    "Trade  Papers,"  vol.  74,  p.  184;  vol.  75,  pp.  8,  10,  U,  128;  in  Public 
Record  Office,  London. 

*  Erroneously  printed  "eleventh  "  in  the  sessions-acts. 

[217] 


ft 


PRIVATE    ACT, 

Passed    1773-74. 


P19] 


PRIVATK    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-sixth  day  of  May,  A.D.  1773. 


[No.  100.] 

AN  ACT  TO  ENABLE  BUNKER  SPRAGUE   OF   MALDEN  IN  THE   COUNTY 
OF  MIDDLESEX  TO   TAKE   THE   NAME   OF  EBENEZER  HARNDEN 

Whereas  Buuker  Sprague  of  Maiden  in  the  County  of  Middlesex  Noengross- 
hath  represented  to  this  Court  that  it  would  be  of  great  advantage  to  From' the  bin,  in 
him  were  he  enabled  to  take  the  name  of  Ebeuezer  Harnden  ;   and  hath  Mass.  Archives, 
humbly  supplicated  this  Court  that  he  may  be  enabled  to  take  the  same  prov^ince  Laws, 
accordingly.  v.,  346,  note. 

Be  it  therefore  enacted  by  the  Governor,  Council  &  House  of  Bepre- ^l^-^yi^^^'^^-l'^^' 
sentatives  Ho^Toi  Rc'r 

That  the  said  Bunker  Sprague  be  enabled,  and  he  is  hereby  enabled  reseniatives, 
to  take  upon  himself  the  name  of  Ebenezer  Harnden,  and  all  Acts  here-  111%2^^'^ells.' 
after  to  be  executed  by  the  said  Bunker  Sprague,  or  for  the  benefit  of  lat've  Records 
him,  his  Heirs  and  assigns  in  or  by  the  name  of  Ebenezer  Harnden  are  xsx.,*^57,°64!" ' 
hereby  declared  to  be  as  good  and  valid  as  those  heretofore  made  in  or  ^^^^^^f ^^'' 
by  the  name  of  Bunker  Sprague.  and  that  for  the  future  the  s'-'.  Bunker  Trade,"  vol. S2, 
Sprague  shall  be  called  distinguished  &  known  by  the  name  of  f^bene?  Pubuc^ecord 
Harnden  in  all  proceedings  &  to  all  intents  &  purposes  whatsoever  office,  Loiidon. 
[_Passed  June  22. 

[221] 


PRIVATE    ACT, 

Passed    1778-79. 


[•223] 


PRIVATE    ACT 

Passed  at  the  Session  begun,  and  held  at  Boston, 
ON  the  Sixteenth  day  of  September,  A.D.  1778. 


[No.  101.] 

AN  ACT  FOR  NATURALIZING  PETER  LANDAIS  ESQ[UrRE]. 

Whereas  Peter  Landais  late  of  S-  Mal[e]o's  in  the  Kiugdom  of  France  Preamble 
Esqf  has  left  his  native  Country  and  has  generously  and  gallantly  taken  Engrossment. 
a  Part  with  the  Friends  of  America  in  Opposition  to  the  cruel  Efforts  the  office  of°he 
of  Great  Britain  to  subiugate  the  Inhabitants  of  these  United  States  ^^cretary. 

.   ,     ._  .      1     »      , ,        .  Printed  in  Laws 

to  it  s  lyrannical  Authority —  of  Massachu- 

Ancl  Whereas  it  is  just  to  reward  such  Persons  who  have  thus  volun-  20"^'  ^^^^'  ^'' 
tarily  taken  a  Part  in  our  Defence  and  expedient  to  Encourage  such  Province  Laws, 
well  disposed  Foreigners  to  join  themselves  to  us.  —  ^''     '"°  ^' 

Be  it  Enacted  hy  the  Council  and  House  of  Mejiresentatives  in  General 
Court  assembled  and  hy  the  Authority  of  the  same 

that  upon  the  taking  and  Subscribing  the  Oath  of  Allegiance  appointed 
by  an  Act  made  in  the  Year  of  our  Lord  one  thousand  seven  hundred 
[&]  \_and'\  seventy  seven  entitled  an  "  Act  for  prescribing  and  estab- 
lishing an  Oath  of  Fidelity  and  Allegiance  "  by  the  said  Peter  Landais 
he  the  said  Peter  Landais  shall  from  the  Time  of  taking  and  Subscrib-  to  take  the 
ing  said  Oath  before  au}^  two  of  the  Members  of  the  Council  of  this  oathofaiie- 
State  be  deemed  adjudged  and  taken  to  be  a  natural  Subject  of  this  to  subscribe  the 
State  to  all  Intents  Constructions  and  Purposes  as  if  he  the  said  Peter  ''^'"® 
Landais  had  been  Born  within  this  State  and  had  continued  and  dwelt  or'cfs^of  the 
therein  from  the  Time  of  his  Birth  and  been  here  abiding  on  the  fourth  Council,  xxxix_, 
Day  of  July  in  the  Year  of  our  Lord  one  thousand  seven  hundred  [&]  the  House  of 
\_and']  seventy  six.  and  had  at  that  Time  and  ever  since  taken  a  Part  dve8*^i778*"oct. 
with  and  been  aiding  the  Inhabitants  of  this  State  in  Defence  of  their  6.12, 13,15. 

T  .,        , .  Minutes  of  the 

Ll  bertieS General  Court, 

And  he  it  farther  Enacted  hy  the  Authority  aforesaid  1778,  Oct.  13-15. 

that  if  the  said  Peter  Landais  shall  take  and  Subscribe  the  Oath 
aforesaid  before  any  two  of  the  Council  of  this  State  the  Persons 
before  whom  he  shall  take  and  Subscribe  the  said  Oath  shall  make 
return  thereof  to  the  Secretary  who  shall  record  the  same  in  a  Book  The  secretary 
to  be  kept  among  the  public  Records  of  this  State  for  the  Purpose  of  gaicToath '^'^^ 
Recording  the  Names  of  such  Foreigners  as  shall  be  hereafter  natural- 
ized by  Acts  of  this  State.  —  \^Passed  October  15. 

[22.0] 


PRIVATE    ACT, 

Passed    1779—80. 


[227] 


PRIVATE    ACT 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Ninth  day  of  March,  A.D.  1780. 


[ISTo.  102.] 

AN    ACT   FOR    DISSOLVING    THE    MARRIAGE    OF    PHILIP    TURNER  AND 

MERCY  TURNER 

Whereas  an  unhappy  Marriage  some  Years  since  took  Place  between  Preamble. 
Philip  Turner  of    Scituate  in   the  County  of   Plymouth  Y^eoman  and  Engrossmeut. 
Mercy  Turner,  and  the  said  Mercy  having  suggested  that  the  said  Philip  the  office  onhe 
Turner  has  ever  since  the  first  Month  after  the  said  Marriage  with-  ^*^?''f'^'7v 

T  !•  ii!/<  1  o-  Ti  Ti-  1,.,^  >  Printed  in  Laws 

drawn  himself  from  her  Society  and  absented  himself  from  her  Bed,  of  Massachu- 
neglected  to  support  and  maintain  her,  [&]  [anr?]  utterly  refuses  further  gg"**' ■^^^*^'  ^'' 
to  cohabit  with  her,  or  in  any  Respect  treat  her  as  a  Wife,  and  she  Province  Laws, 
having  further  suggested  that  during  the  short  time  of  hi^-Gohabitation  ^"       '  °°  '^' 
with  lier  he  had  no  Knowledge  of  her  as  a  Wife  tho'f ^^^^^-h^-jnade.,.^^ 
Attempts  for  that  Purpose,  and  she  from   thence  concliMCBthat  he  is^    ~ 
incapable  of  performing  the  Rites  of  Matrimony  which  he  has  himself 
acknowledged  to  be  true,  all  which  upon  Examination  appearing  to  be 
true  and  that  the  said  Marriage  having   probably  never  been  consum- 
mated. — 

Be  it  therefore  Eyiacted  by  the  Council  and  House  of  Representatives 
in  General  Court  assembled  and  by  the  Authority  of  the  same 

that  notwithstanding  the  Formalities  of  Marriage  have  taken  Place  The  marriage 
between  the  said  Philip  and  the  said  Mercy  the  same  Marriage  shall  be  Mefcy^Turner 
and  is  hereby  declared  to  be  from  the  Beginning  utterly  void,  and  that  declared  utterly 
the  said  Philip  shall  not  have  or  hold  any  Part  of  the  Estate  that  now  Legislative  Ree- 
ls or  hereafter  may  be  the  said  Mercy's  nor  anj'  Claim  to  or  Interest  ordsofthe 
therein  nor  shall  the  said  Mercy  have  or  hold  any  Part  of  the  Estate  Minutes' of'the  ' 
that  now  is  or  hereafter  may  be  the  said  Philip's  nor  any  Claim  to  or  ^!°®^?i  ^9."^*' 

»■  1  */  1780   MArcn  30 ' 

Interest  therein  but  the  said  Philip  and  the  said  Mercy  shall  be  con-  April  6, 8, 12,14. 
sidered  as  free  from  the  Bands  of  Matrimony  as  if  the  same  Marriage 
between  them  had  never  taken  Place     [Passed  April  14^  1780. 

[229] 


INDEX. 


[231] 


INDEX. 


A. 


ADMIRALTY. 

Jurisdiction  as  vice  admiral  claimed 
by  Sir  William  Phips  in  tiie  matter 
of  certain  whales  or  cowfish  stranded 

at  Falmouth 

ALIMONY. 

Mary  Hunt,  -wife  of  Richard  Hunt, 
authorized  to  sell  her  in- 
terest in  lands  for  her  alimony 
after  separation  from  her  husband, 
by    decree     of    the    governor    and 

council 

ALLEN,      BENJAMIN,      AND      HOPE- 
STILL,  HIS  WIFE. 
Enabled  to  have  a  rehearing  of  a 
trial  in  which  sentence  was  given 
against  the  said  Hopestill, 
ANDREWS,  NICHOLAS. 

Bartholomew  Jackson  enabled  to 
prosecute  his  appeal 
against  Andrews  and  his 
wife,  Mary,  administrators  of  the 
estate  of  Samuel  Reed,  .  .  149, 
APPEALS  AUTHORIZED  IN  CIVIL 
CASES. 
In  actions  between  Thomas  Coram 
and     Eleazar     and     Peter 

Walker 

William  Reed  of  Lexington  enabled 
to  bring  forward  his  appeal 
from  the  court  of  sessions  for  Mid- 
dlesex County  to  the  superior  court 

of  judicature, 

John  Porter  of  Wenham  enabled  to 
bring  forw^ard  his  appeal 
from  the  court  of  sessions  for  Essex 
County  to  the  superior  court  of  ju- 
dicature,        

Joseph  Buckminster,  Benjamin 
Bridges  and  Jonas  Eaton, 
in  behalf  of  the  tow^n  of 
Framingham,  enabled  to 
bring  forw^ard  an  appeal 
from  the  sentence  of  the  court  of 
sessions  to  the  court  of  assize  and 
general  jail  delivery,  .  .  .  95,  ] 
Thomas  Harvey  enabled  to  bring 
forward  his  appeal  from  the 
judgment  of  the  inferior  court  of 
common  pleas  in  Bristol  County,      .  ] 


94 


APPEALS     AUTHORIZED     IN     CIVIL 
CASBS  — continued. 

Richard  and  James  Carr  of  New^bury 
enabled  to  bring  forward 
their  appeal  from  the  judgment 
of  the  inferior  court  of  common 
pleas  for  Essex  County  in  their 
action  of  trespass  upon  the  case 
against  Edward  Sargent  of  New- 
bury 102 

Richard  Ireson  of  Marblehead  en- 
abled to  file  reasons  of 
appeal  in  the  clerk's  ofEce  of 
the  inferior  court  in  a  case  lately 
depending  between  him  and  Edward 
Wilkinson  of  Boston,         .        .        .  115 

Simon  Stephen  of  Eastham  enabled 
to  prosecute  an  appeal  in 
behalf  of  himself  and  others  in  a 
cause  depending  between  them 
against  Thomas  Nickerson,  junior, 
appellee 116 

Jonathan  Page  enabled  to  file  rea- 
sons of  appeal  in  the  inferior 
court  of  common  pleas  for  Middle- 
sex County  in  a  cause  between  him 
and  Nathaniel  Sparhawk  and  Simon 
Gates,  administrators,  his  reasons 
of  appeal  formerly  drawn  having 
been  erroneously  directed  to  the 
clerk  of  the  court  for  Essex  County,  117 

Samuel  Banister,  administrator  of 
the  estate  of  Thomas  Ban- 
ister, late  of  Boston,  en- 
abled to  prosecute  an  ap- 
peal and  file  reasons  of 
appeal  in  the  clerk's  o£Sce,of 
the  inferior  court  of  common  pleas 
in  a  cause  between  him  and  Edmund 
Goffe,  his  former  reasons  of  appeal 
being  adjudged  insuflicient,       .        .121 

James  Dike,  appellant,  enabled  to 
prosecute  his  appeal  to  the 
inferior  court  of  common  pleas  from 
a  judgment  against  him  by  Epes  Ser- 
geant, justice  of  the  peace,  in  an 
action  between  the  said  Dike  and 
James  Sawyer,  notwithstanding  the 
appellant's  failure  to  give  security 
for  prosecuting  his  appeal,         .        .  122 


[233] 


234 


Index. 


APPEALS     AUTHORIZED     IN     CIVIL 

CASES  —  continued. 

Ed-ward  Jackson  enabled  to  file  rea- 
sons of  appeal  from  the  decree 
of  the  judge  of  probate  for  Middle- 
sex County  relating  to  the  estate  of 
Jonathan  Jackson  (supposed  to  be 
dead), 139 

John  Usher  enabled  to  prosecute  his 
appeal  from  a  judgment  in  eject- 
ment recovered  against  him  by  John 
Foye  in  the  inferior  court  of  com- 
mon pleas  for  Middlesex  County,     .  143 

Bartholome-w  Jackson  enabled  to 
prosecute  his  appeal  from  a 
judgment  of  the  inferior  court  of 
common  pleas,  atiirmed  by  the  supe- 
rior court  of  judicature  because  the 
reasons  of  appeal  were  not  properly 
filed 149 

Benjamin  Blackstone  enabled  to 
rene^w  and  prosecute  his 
appeal  in  the  superior  court  of 
judicature  in  an  action  brought 
against  him  by  George  Felt  of 
Salem, 157 


APPEALS    AUTHORIZED    IN    CRIMI- 
NAL CASES. 

Benjamin  Allen  and  Hopestill,  his 
"Wife,  from  the  judgment  and  sen- 
tence of  the  court  of  sessions,  .        .    21 

John  Burnaby  or  Barnaby,  from  the 
sentence  of  Penn  Towusend,  a  jus- 
tice of  the  peace,  allowed  to  the 
court  of  sessions,        .        .        .         .40 

Samuel  Fish  of  Falmouth  enabled  to 
file  reasons  of  appeal  and 
to  prosecute  his  appeal  to 
the  superior  court  of  judicature, 
etc.,  from  the  judgment  of  the  court 
of  sessions  in  a  cause  between  him 
and  the  king, 101 

Ebenezer  Ne"well,  from  a  judgment 
of  the  court  of  sessions  for 
selling  strong  drink  without  license, 
in  the  court  of   assize   and  general 

jail  delivery, 118 

ATTAINDERS  REVERSED. 

Of  persons  convicted  for  -witch- 
craft  49, 71 


B. 


BAKER,  ANN. 

Act  confirming  her  christian  name 
of  Ann  notwithstanding  her  bap- 
tismal name  was  Sarah,     .        .        .  191 

BAKER,  NATHANIEL. 

Thomas  Smith  of  Ips-wich  enabled 
to  revie-w  an  action  brought 
against  him  by  William  Baker  of 
Boston,  administrator  of  said  Na- 
thaniel,          140 

BANISTER,  SAMUEL. 

Administrator  of  all  the  goods, 
rights  and  credits  of 
Thomas  Banister,  de- 
ceased, enabled  to  prose- 
cute an  appeal  against 
Col.  Edmund  Gofife,  and  to 
file  reasons  of  appeal  in  the  cause 
in  the  inferior  court  of  common 
pleas,  his  former  reasons  of  appeal 
being  iuRufflcient 121 

BARNARD,  JOHN. 

Judgment  and  execution  recovered 
by  him  against  Giles  Dyer 
vacated  upon  the  payment  by  the 
latter  of  the  difference  between  the 
amount  of  said  judgment  and  of  a 
judgment  recovered  of  Dyer  in  a 
cross  action, 129 

BARRELL,  JOHN. 

Enabled  to  make  sale  of  t-wo  sev- 
eral tenements  on  Cornhill 
Street,  Boston,  to  redeem 
a  mortgage  thereon  made  by 
himself  and  his  wife;  they  holding 
the  same  jointly  for  the  benefit  of 
her  heirs  and  assigns,         .        .        .  109 

BARTLETT,  DANIEL. 

Enabled  to  bring  for-ward  in  the 
superior     court,     etc.,     an 


BARTLETT,  Ji Al^IBL,  — continued. 

action  of  the  case  brought 
against  him  by  Nathaniel  and  Tim- 
othy HoUoway  of  Taunton,  upon 
which  judgment  was  rendered  for 
him  in  the  inferior  court  of  common 
pleas  and  against  him  on  review  in 
the  superior  court  of  judicature,       .  107 

BARTLETT,  ROBERT,  AND  OTHERS. 
Judgment   and   execution  obtained 
against  them  by  Erasmus 
James   vacated,  and   Bartlett 
restored  to  his  right  of  possession,  .    57 

BENNETT,  SPENCER. 

His     name     changed     to      Spencer 

Phips, 85 

BIDDEFORD. 

Sir  William  Pepperrell's  executors 
and  others  enabled  to  bring 
suit  for  trespass  committed  on  lands 
in  said  township,         ....  183 

BLACKMAN,  ELISHA,  AND  OTHERS. 
Enabled  to  contest  in  the  superior 
court  of  judicature,  etc., 
next  to  be  held  in  Bristol  Couuty, 
the  validity  of  a  rule  of  court  entered 
into  by  them  in  the  suit  of  Lindall 
and  Cudworth  et  ul 156 

BLACKSTONE,  BENJAMIN. 

Enabled  to  rene-w  and  prosecute  his 
appeal  to  the  superior  court  of 
judicature  in  the  action  brought 
against  him  in  the  inferior  court  of 
common  pleas  for  Essex  County,      .  157 

BLAKE,  JONATHAN,  AND  GEORGE, 
WILLIAM  AND  EDWARD 
SUMNER. 
Enabled  to  have  a  ne-w  trial  upon 
an  indictment  in  the  court  of 
assize,  etc., 144 


Index. 


235 


BORLAND,  JOHN. 

Act  for  imprisoning, 61 

Act  for  punishment  of,  for  high  mis- 
demeanor  63 

BOWERMAN,  THOMAS. 

Granted    a     review    of     an    action 
brought  against   him    and 
others  by  William  GifFord,    13 
BRADBURY,  MARY. 

Act   to    reverse    the    attainder    for 

witchcraft, "l 

BRENTON,  EBENEZER. 

Empow^ered  as   overseer  to  assent 
to  the  sale  of  the  estate  of 
Peter  Papillon,  ....    33 
BRIANT,  JOHN. 

Of  Scituate ;    his    lands   devised   in 
tail  to  his  sons  Joseph  and 

Thomas 89 

BRIANT,  THOMAS. 

Partition  of  certain  lands  in  Scit- 
uate, devised  to  him  and 
his  brother,  Joseph  Briant,  as 
tenants  in  tail,  by  their  father,  John 
Briant,  senior,  confirming  to  them 
their  respective  portions  in  fee  sim- 
ple under  the  partition  mutually 
made  between  them,  .  .  .  .89 
BRIDGES,  BENJAMIN. 

Enabled  to  bring  forw^ard   the  ap- 
peal of  himself  and  others 
in  behalf   of  the   town   of 
Framingham,      .       .       .96, 104 
BRONSDON,  ROBERT. 

His   daughter   Mary,  w^ife  of  Jona- 
than   Evans,    enabled     to 


BRONSDON,  ROBKRT  —  continued. 

mortgage  real  estate  which 
descended  to  her  from  her  father,     .  103 

BROOKLINE. 

Settlement  of  lands  at,  formerly  be- 
longing to  John  Hull,     .       .    43 

BROWN,  SAMUEL. 

Title  of  house  and  lands  in  Row^ley 
conveyed  to  him  by  his 
father,  John  Brown,  by  a 
deed  not  acknow^ledged  and 
defaced,  confirmed  to  him  and 
his  heirs  by  act  of  the  legislature,     .  152 

BUCKMINSTER,  JOSEPH,  BENJAMIN 
BRIDGES  AND  JONAS 
EATON. 
On  behalf  of  the  tow^n  of  Framing- 
ham  enabled  to  bring  for- 
w^ard  their  appeal  from  the 
sessions  of  the  peace  for  Middlesex 
County  to  the  court  of  assize  and 
general  jail  delivery  to  be  held  in 
Cambridge  for  Middlesex  County, 
against  the  selectmen  of  Weston,  95,  104 

BURNABY  OR  BARNABY,  JOHN. 

Enabled  to  have  a  trial  of  his  appeal 
from  the  judgment  of  Penn 
Townsend,  one  of  his  majesty's 
justices  of  the  peace,  .        .        .40 

BURROUGH,  GEORGE. 

Act  to  reverse  the  attainder  of,  for 

witchcraft 71 

BUTLER,  JOHN. 

Caleb  Spurrier  enabled  to  review 
an  action  against  him  in 
the  superior  court  of  judicature,     .  148 


c. 


CARDER,  ELIZABETH. 

Enabled  to  commence  an  action  at 
common  law^  upon  a  copy 
of  a  lost  bond  given  by  Anthony 
Haywood  of  Boston,  deceased,  in 
1688,  for  the  payment  of  money  to 
Elizabeth  Lemon,  since  deceased, 
for  the  benefit  of  her  daughter,  the 
said  Carder, 113 

CARR,  RICHARD  AND  JAMES. 

Enabled  to  bring  forward  their  ap- 
peal from  a  judgment  of 
the  inferior  court  of  com- 
mon pleas  in  an  action  of  tres- 
pass upon  the  case  brought  by  them 
against  Edward  Sargent,   .        .        .  102 

CARRIER,  MARTHA. 

Act  to  reverse  the  attainder  of,  for 

witchcraft,  .       .       .       .71 

CARY,  JOHN,  LATE  OF  LONDON, 
NOW  OP  BRISTOL. 
Enabled  to  review^  a  cause  tried  at 
the  last  superior  court  be- 
tween himself  and  Richard 
Chauncy  of  London,  •  l-t 
Empow^ered,  as  overseer,  to  assent 
to  the  sale  of  the  estate  of 
Peter  Papillon 33 


CHAUNCY,  ELIZABETH. 

The  judge  of  probate  enabled  to 
make  partition  of  lands 
in  Boston  descended  from 

her, 180 

CHAUNCY,  RICHARD. 

Defendant  in  an  action  of  review^ 
w^hich  John  Gary  is  en- 
abled to  bring 14 

CHURCH,  BENJAMIN. 

New  trial  granted  of  an  action  be- 
tween   him    and    William 
Pabodie,  junior, .       .       .       .25 
CLAPHAM,  MARY. 

The  bonds  of  matrimony  between 
her  and  William  Clapham 

dissolved,  etc 165 

CLARK,  JOHN. 

An  act  docking  the  entail  in  land  in 
Boston  devised  by  him  in 
tail,  and  for  vesting  the 
same  in  fee  simple  in  his 
grandson,  John  Clark,  .  .  79 
CLARKE,  JONAS. 

Margaret  Pollard,  executrix,  em- 
pow^ered  to  sell  certain 
lands  conveyed  by  him  to 
her  husband,  in  trust,   .       .  178 


236 


Index. 


CODNER,  SUSANNA  (LATE  YOUNG). 

Sole  executrix  of  the  last  will  and 
testament  of  William  Par- 
sons, deceased,  enabled  to 
sell  the  house  and  land  of 
the  testator  to  pay  hie  debts,  .  53 
COFFIN,  BBENEZER. 

Act  for  imprisoning, 61 

Act  for  punishment  of,  for  high  mis- 
demeanor  68 

CONQUEBET,  ABIGAIL. 

Empowered  to  prosecute  to  final 
judgment  and  execution 
certain  actions  against 
Francis  Morris  and 

Thomas  Legget,  and  subject- 
ing her  to  the  actions  of  said  Morris 
and  said  Legget  as  if  she  were  sole, 
her  husband,  Lewis  Conqueret,  hav- 
ing been  for  some  years  absent  and 

not  heard  from, 209 

COOK,  WILLIAM. 

Francis    Moore,    his   guardian,    en- 
abled to  sell  the  house  and 
land  in  Boston   w^hich  de- 
scended to   him   from    his 
parents,     William     and     Lydia 
Cook,   deceased,   for    his    mainten- 
ance,    .        .  ....  153 

COOKSON,  FAITH. 

Enabled  to  make  sale  of  her  interest 
in  lands  in  Rutland,  devised 
by  her  late  father,  Corne- 
lius W^aldo,  notwithstanding  her 
existing  marriage  v/ith  Obadiah 
CookBon,  from  whom  she   has  long 

lived  separate 192 

COOMBS,  RICHARD  AND  HEPHSIBAH. 

Act  for  reviving  a  bill  in  equity  for 
redeeming  a  mortgage  by 
their  father,  Joseph  Newell, 


COOMBS,  RICHARD  AND  HEPHSIBAH 

—  continued. 

to  Florence  Maccnrty,  notwithstand- 
ing the  insufJiciency  of  a  former 
order  of  the  general  court  to  the 
same  effect 99 

COPP,  PATIENCE, 

Guardian  to  Charles  and  Katherine 
Short,  minors,  enabled  to 
make  sale  of  their  inter- 
est in  a  piece  of  land  and 
flats  in  the  South  End  of 
Boston, 150 

CORAM,  THOMAS. 

Enabled  to  prosecute  appeals  frona 
several  judgments  against 
him  in  the  inferior  court  of  com- 
mon pleas  for  Bristol  County,  .        .    37 

COREY,  GILES. 

Act  for  reversing  the  attainder  of, 

for  w^itchcraft 71 

COREY,  MARTHA. 

Act  for  reversing  the  attainder  of, 

for  witchcraft,    .       .       .       .71 

CROADE,  JOHN. 

Executor  of  the  w^ill  of  Elizabeth 
Price ;  act  enabling  Sarah 
Price,  widow  and  adminis- 
tratrix of  Capt.  John  Price, 
who  was  surviving  execu- 
tor of  Capt.  Walter  Price, 
to  review  an  action  be- 
tween said  John  Croade 
and  said  John  Price  in  their 
respective  capacities,  ...      7 

CUDWORTH,  JAMES  AND  DAVID.  ' 

Josiah  Winslow  enabled  to  contest 
the  validity  of  a  rule  of 
court  entered  iuto  by  him  and 
others  in  a  case  between  the  Cud- 
worths  and  Timothy  Lindall,    .        .  156 


D. 


DAVIS,  ELIZABETH, 

Nicholas  Moorcock  enabled  to  file  a 
complaint  for  aflarmation 
of  a  judgment  against 
her, 147 

DELL,  GEORGE. 

Abigail  Hannaford,  formerly  his 
wife,  enabled  to  sell  a 
house  and  land  in  Boston 
for  the  benefit  of  his  children, .        .    11 

DENISON,  EDWARD. 

The  judge  of  probate  of  Suffolk 
County  authorized  to  ratify 
and  confirm  a  partition  of 
the  land  devised  by  said 
Denison  to  his  children,       .    93 

DIKE,  JAMES, 

Enabled  to  prosecute  an  appeal 
from  a  judgment  against 
him  by  Epes  Sergeant,  a 
justice  of  the  peace,  in  an 
action  between  the  said  Dike  and 
James  Sawyer  of  Gloucester,  .         .  1'22 


DIVORCE  AND   SENTENCE    OF  NUL- 
LITY. 
From     the    bonds     of    matrimony, 
granted  to,  — 
Mary  Clapham  from  William  Clapham,  165 
Mary  Parker  from  Phineas  Parker,        .  169 
John  Farnum,  junior,  from  Elizabeth 

Farnum, 170 

Lydia  Kellogg  from  Ephraim  Kellogg,  173 
Jonah  Galusha  from  Sarah  Galusha,    .  174 
Daniel     McCarthy     from     Mary    Mc- 
Carthy  177 

Act  declaring  the  marriage  of  Philip 
Turner  and  Mercy  Turner 
null  and  void  ab  initio,      .       .  229 
DOGAMUS,  PETER. 

One  of  the  appellants  against 
Thomas  Nickerson,  junior, 

of  Chatham 116 

DORCHESTER. 

Jonathan  Blake  and  others  enabled 
to  have  a  new  trial  upon  an 
indictment  against  them  in 


Index. 


237 


DORCHESTER  —  continued. 

the  court  of  assize,  etc.,  for  altering 
a  warrant  issued  for  calling  a  meet- 
ing of  the  proprietors  of  common 
lands  in  Dorchester,   ....  144 

DOWER. 

Abigail  Little,  formerly  ■wido'W  of 
Isaac  Thomas,  deceased, 
enabled  to  sue  for  and 
recover  from  the  heirs  of 
said  Thomas  the  value  of 
her  dower,  or  to  have  her  dower 
assigned  to  her  in  the  lands  of  the 
deceased, 197 


DOWNING,  THOMAS. 

Simon  Willard,  his  administrator, 
etc.,  empo'wered  to  recover 
and  receive  his  goods,  chat- 
tels, etc., 74 

DYER,  GILES. 

An  act  to  relieve  him  from  a  judg- 
ment recovered  against 
him  by  John  Barnard  by 
reducing  the  amount  thereof  to  the 
difference  between  the  amount  of 
said  judgment  and  the  amount  re- 
covered by  said  Dyer  against  said 
Barnard  in  a  cross  action,  ,         .  129 


E. 


EAMES,  REBECCA. 

Act  to  reverse  the  attainder  of,  for 

■witchcraft, 71 

EASTEY,  MARY. 

Act  to  reverse  the  attainder  of,  for 

witchcraft, 71 

EATON,  JONAS. 

Enabled  to  bring  forw^ard  the  appeal 
of  himself  and  others  in 
behalf  of  the  town  of  Fram- 
ingham 95, 104 


EQUITY,  BILL  OF. 

By  Richard  and  Hephsibah  Coombs 
for  redemption  of  a  mort- 
gage revived 99 

EVANS,  MARY. 

Enabled  to  mortgage  a  part  of  her 
real  estate,  which  descended  to 
her  from  her  father,  Robert  Brons- 
don,  late  of  Boston,  deceased,  not- 
withstanding her  coverture  with 
Jonathan  Evans,  herabsenthusband,  103 


F. 


FARNUM,  JOHN,  JUNIOR. 

The   bonds  of  matrimony  between 
him  and  Elizabeth  Farnum 
dissolved,  etc.,    .       .       .       .170 
FAULKNER,  ABIGAIL. 

Acts  for  reversing  the  attainder  of, 

for  w^itchcraft,    .       .       .49, 71 
FELT,  GEORGE. 

Benjamin  Blackstone  of  Salem  en- 
abled to  renew  and  prose- 
cute his  appeal  in  an  action 
brought    against    him     by 

said  Felt, 157 

FISH,  SAMUEL. 

Enabled  to  file  reasons  of  appeal 
and  prosecute  his  appeal 
to  the  superior  court  of 
judicature,  etc.,  in  a  cause 
between      him      and      the 

king, 101 

FOSTER,  ANNE. 

Act  to  reverse  the  attainder  of,  for 

w^itchcraft, 71 


FOXW^ELL'S  PATENT. 

Executors  of  Sir  William  Pepperrell 
andothers  enabled  to  bring 
suits  in  York  County  for 
trespasses  committed  on  the 
tract  commonly  called  the  Upper 
Checker  in 

FOYE,  JOHN. 

John  Usher  enabled  to  prosecute 
an  appeal  from  a  judgment 
recovered  against  him  by 
Foye  in  the  inferior  court  of  com- 
mon pleas  for  Middlesex  County,     . 

FRAMINGHAM. 

Appeal  of  Joseph  Buckminister, 
Benjamin  Bridges  and 
Jonas  Eaton  on  behalf  of 
the  town  of;  enabled  to 
bring  forward  their  appeal 
from  the  sessions  of  the  peace  to  the 
court  of  assize,  etc.,  in  a  cause  be- 
tween the  sdectmen  of  Weston  and 
said  petitioners 


95 


G. 


GALUSHA,  JONAH. 

The  bonds   of  matrimony  betw^een 
hira     and    Sarah    Galusha 
dissolved,  etc,    .       .       .       .174 
GATES,  STEPHEN,  SENIOR. 

Jonathan  Page  of  Groton  enabled  to 
prosecute  his  appeal,  etc., 
against     Nathaniel     Spar- 


GATES,  STEPHEN,  SENIOR -con<mM«<?. 
haw^k  and  Simon  Gates, 
administrators, .       .  .  IIT 

GIBBS,  BENJAMIN. 

His  grandson,  Hugh  Hall,  junior,  en- 
abled to  redeem  his  mort- 
gaged estate  on  Hanover 
Street  in  Boston,       .       ■       .135 


238 


Index. 


GIBBS,  BENJAMIN  —  continued. 

Act  in  addition  to,  and  in  explanation 

of,  the  above  enabling  act,  .  142 
GIFFORD,  WILLIAM,  AND  OTHERS. 
Action  of  trespass  brought  by  them 
against    Samuel    Le^vis    et 
(lis.;  review  of  said  action 

granted, 13 

GODFREY,  JOHN. 

Action  commenced  by  him  and  Jo- 
anna, his  wife,  against  James 
Paul ;    appeal   in,   brought   forward 

by  Thomas  Harvey 100 

GOFFE,  EDMUND. 

Samuel  Banister,  administrator, 
etc.,  enabled  to  prosecute 
an  appeal  against  him,  his 
former  reason  of  appeal  having  been 
adjudged  InsufHcient,  .        .        .  121 

GOOD,  SARAH. 

Act  for  reversing  the  attainder  of, 

for  witchcraft,    .       .       .       .71 


GOOKIN,  NATHANIEL. 

Jonathan  Tyng  and  Daniel  Gookin 
empow^ered  to  make  sale 
of  his  messuage  and  lands 
in  Cambridge  for  the  beueflt  of 
his  children,  Nathaniel  and  Hannah 
Gookin 45 

GRANTS  OF  LAND. 

Jane  Kind  of  Boston  granted  a  void 
piece  of  land  in  Boston  be- 
longing to  her  son's  estate,        .        .      3 

GUY,  JOHN. 

William  Man  enabled  to  review  an 
action  against  him  at  the 
inferior  court  of  common 
pleas  for  Suffolk  County 
after  judgment  against 
him  upon  the  report  of 
auditors  appointed  by  rule 
of  court, 128 


H. 


HALL,  HUGH,  JUNIOR. 

Enabled  to   redeem  the   estate    on 
Hanover  Street  in  Boston  of 
his  lategrandfather,  Benjamin  Gibbs,  135 
Act  in  addition  to,  and  explanation 

of,  the  former  act,    .       .       .142 

HALLBT,  PETER. 

Empow^ered  to  make  and  execute  a 
deed  of  exchange  w^ith  Ste- 
phen Hallet  of  certain  lands 
in  Yarmouth,  according  to  an 
agreement  between  the  said  Stephen 
and  John,  the  father  of  said  Peter,  .  201 

HANNAFORD,  ABIGAIL,  WIDOW  OF 
JOHN. 
Enabled  to  make  sale  of  a  house 
and  land  in  Boston  of 
George  Dell,  late  of  said 
Boston,  her  first  husband,  for  the 
benefit  of  his  children,  etc.,       .        .    11 

HARNDEN,  EBENEZER. 

His    name    changed    from    Bunker 

Sprague 221 

HARVEY,  THOMAS. 

Enabled  to  bring  forw^ard  his  ap- 
peal at  the  next  superior 
court  from  a  judgment  of  the  in- 
ferior court  of  common  pleas  for 
Bristol  County  in  a  plea  of  trespass 
originally  commenced  by  John  God- 
frey and  Joanna,  his  wife,  against 
James  Paul, 100 

HAYWOOD,  ANTHONY. 

Elizabeth  Carder  authorized  to 
bring  suit  upon  a  lost 
bond  given  by  him  to  Eliz- 
abeth Lemon 113 


HIRST,  GROVE. 

Daniel  Oliver  and  William  Wel- 
steed,  his  executors  and 
guardians  of  his  children, 
enabled  to  sell  some  part 

of  his  estate 133 

HOAR,  DORCAS. 

Act  for  reversing  the  attainder  of, 

for  witchcraft 71 

HOBBS,  ABIGAIL. 

Act  for  reversing  the  attainder  of, 

for  witchcraft,    ....    71 
HOLDEN,  JUSTINIAN. 

Act  for  settling  the  lands  devised  by 

him  in  tail 81 

HOLLOW  AY,  NATHANIEL  AND  TIM- 
OTHY. 

Daniel  Bartlett  enabled  to  bring 
forw^ard  an  action  of  the 
case  in  which  they  recov- 
ered judgment  against  him 
in  the  superior  court  of  judicature,  .  107 

Justices  of  the  superior  court  of  ju- 
dicature enabled  to  chan- 
cer a  judgment  recovered 
by  said  Hollow^ays  against 
Jared  Talbot  of  Dighton,  .  151 
HOW,  ELIZABETH. 

Act  for  reversing  the  attainder  of, 

for  witchcraft 71 

HUNT,  MARY. 

Enabled  to  dispose  of  and  convey 
her  interest  in  lands  in 
Holden  for  her  own  use,  notwith- 
standing her  marriage  with  Richard 
Hunt,  she  being  legally  separated 
from  his  bed  and  board,     .        .        .  187 


IRESON,  RICHARD. 

Enabled  to  file  reasons  of  appeal  in 
the  clerk's  office  of  the  inferior 
court   for  Essex   County  in  a  case 


IRESON,  RICSl ART)  — continued. 

lately  depending  between  him  and 
Edward  Wilkinson  of  Boston,  .  115 


Index. 


239 


J. 


JACKSON,  BARTHOLOMEW. 

Enabled  to  file  reasons  of  appeal 
and  prosecute  his  appeal 
in  the  superior  court  of  judicature 
from  a  judgment  obtained  against 
him  in  an  inferior  court  of  common 
pleas  by  Nicholas  Andrews  and  his 
wife,  administrators,  de  bonis  iion, 
of  the  estate  of  Samuel  Reed,  .  149,  154 
JACKSON,  EDWARD. 

Enabled  to  file  reasons  of  appeal 
from  the  decree  of  the 
judge  of  probate  for  Mid- 
dlesex County  relating  to  the 
administration  granted  to  Sarah 
Jackson,  the  mother,  and  Joseph 
Jackson,  the  brother,  of  the  de- 
ceased, of  the  estate  of  Jonathan 
Jackson,  supposed  to  be  dead,  .  139 

His  surviving  executors  enabled  to 
dispose  of  part  of  his  real 
estate   in   Roadto^wn,    now 


JACKSON,  BDWARTt -co7itiimed. 

Shutesbury,  notwithstanding  a 
testamentary  injunction  to  the  con- 
trary  193 

JACOB,  GEORGE. 

Act  for  reversing  the  attainder  of, 

for  ■witchcraft 71 

JAMES,  ERASMUS. 

Judgment  on  an  execution  obtained 
by  him  against  Robert  Bart- 
lett  and  others  in  the  infe- 
rior court  of  common  pleas 
for  Essex  County  vacated 
and  rights  of  the  plaintiff  pre- 
served  57 

JONES,  DAVID. 

Ann  Jones,  relict  and  administratrix 
of  the  estate  of  David  Jones, 
late  of  Dorchester,  enabled 
to  make  sale  of  a  house  and 
land  belonging  to  her  said  hus- 
band's estate, 27 


K. 


KELLOGG,  LYDIA. 

The  bonds  of  matrimony  betw^een 
her  and  Ephraim  Kellogg 
dissolved,  etc 173 


KIND,  JANE,  WIDOW. 

A  void  piece  of  land  in  Boston  be- 
longing to  the  estate  of  her 
son,  John  Kind,  deceased, 
granted  to  her 3 


L. 


LACEY,  MARY. 

Act  for  reversing  the  attainder  of, 

for  witchcraft,    .       .       .       .71 
LANDAIS,      PETER,     OP       ST.-MALO, 
FRANCE. 
Act  for  naturalizing  him,        .       .       .225 
LAWSON,  ROGER. 

Act  for  imprisoning 61 

Act  for  punishment  for  high  misde- 
meanor  64 

LEGGET,  THOMAS. 

Enabled  to  sue  Abigail  Conqueret, 
■wife  of  Le^wis  Conqueret, 
as  if  she  ■were  unmar- 
ried  209 

LEMON,  ELIZABETH. 
.  Wife  of  Thomas  Willis  apd  mother 
of  Elizabeth  Carder,  for- 
merly Lemon,  loses  her  suit 
upon  the  bond  of  Anthony 
Haywood  and  dies ;  her  said 
daughter  enabled  to  bring 
suit  upon   a   copy  of    said 


bond, 
LEWIS,  EZEKIEL. 

Act    for    vesting   in 
heirs    a 
Boston, 


113 


him    and    his 
strip    of   land    in 


73 


LEWIS,  SAMUEL. 

Granted  a  review  of  an  action 
brought  against  him  by 
William  Weeks  and 
Thomas  Bo^weman  in  the 
superior  court  of  judica- 
ture, etc.,  in  Plymouth 
County 13 

LINDALL,  TIMOTHY. 

His  action  of  trespass  and  ejectment 
against  James  and  David 
Cudworth  for  recovery  of 
lands,  etc 156 

LITTLE,  ABIGAIL. 

Enabled  to  recover  of  the  children 
and  heirs  of  Isaac  Thomas, 
deceased,  certain  sums  of  money 
due  from  them  to  her  for  her  right 
of  dower  as  the  widow  of  said  Isaac 
Thomas 197 

LITTLE,  ISAAC. 

Enabled  to  have  another  writ  of 
revie^w  against  Joseph 
Mallinson  of  Boston  in  the 
superior  court  of  judicature,  and  to 
have  a  new  trial  of  a  cause  in  said 
court  at  the  terra  next  to  be  held  in 
Plymouth  County,      ....  155 


240 


Index. 


M. 


MACCARTY,  FLORENCE. 

Mortgagee  in  a  mortgage  given  by 
Joseph  Nevsrell ;  revival  of 
a  bill  in  equity  granted  to 
the  children  of  the  mort- 
gagor,       99 

MALLINSON,  JOSEPH. 

Isaac  Little  enabled  to  bring  for- 
■ward  a  further  writ  of  re- 
view against  him  of  an  action 
once  reviewed  In  the  superior  court 

of  judicature 155 

MAN,  "WILLIAM. 

Enabled  to  bring  forward  a  w^rit  of 
review  of  the  plea  of  the 
case  by  him  brought 
against  John  Guy  in  the  in- 
ferior court  of  common  pleas,  not- 
withstanding the  report  of  auditors, 
to  whom  all  accounts  between  the 
parties  had  been  referred  nnder  a 
rule  of  the  court,  ....  128 
MARRIAGE. 

Leave  to  marry  granted  to  the  following 
per&ons  divorced, — 

Mary  Clapham 165 

Mary  Parker 169 

John  Farnum,  junior 170 

Lydia  Kellogg 173 

Jonah  Galusha 174 

Daniel  McCarthy 177 

Declared  void  ab  initio  between  Philip 

Turner  and  Mercy  Turner, .  229 
MAUDSLEY,  EBENEZER  AND 

THOMAS. 
Empow^ered  jointly,  with  Theodosia 
Sherman,  to  sell  land  of 
their  w^ards,  the  four  children 
of  John  and  Hannah  (Clarke) 
Maudsley,  deceased,  .  .  .  .77 
MCCARTHY,  DANIEL. 

The  bonds  of  matrimony  between 
him   and   Mary   McCarthy 

dissolved,  etc 177 

MISDEMEANOR,  HIGH. 

Act  for  imprisoning  William  Rous 
and  others,  impeached  for 
illegal  trading  w^ith  the 
French  and  Indian  enemy,  61 
Acts  for  punishing  Samuel  Vetch, 
John  Borland,  Roger  Law^- 
son,  William  Rous,  John 
Phillips,  junior,  and  Eben- 
ezer  Coffin  for,    .       .       .      62-68 


MOORCOCK,  NICHOLAS. 

Enabled  to  file  his  complaint  at  the 
superior  court  of  judicature 
for  Suffolk  County  for  con- 
firming a  judgment  recovered 
by  him  in  the  inferior  court  of  com- 
mon pleas  for  Suffolk  County  against 
Elizabeth  Davis,  .        .        .        .147 

MOORE,  FRANCIS. 

Enabled  to  sell  the  house  and  land 
in  Boston,  which  descended  to 
his  ward,  William  Cook,  a  minor, 
from  his  parents,  William  and 
Lydia  Cook,  both  deceased,  intes- 
tate, to  defray  the  cost  of  the  board 
and  clothing  of  said  minor,  .  .  153 
MOORE,  JOHN. 

Lydia  Moore,  relict  and  sole  admin- 
istratrix of  the  estate  of 
John  Moore,  late  of  Bos- 
ton, deceased,  intestate,  en- 
abled to  sell  his  right  and 
privilege  in  a  passagew^ay 
at  the  North  End  of  said  Boston,  and 
required  to  account  for  the  proceeds,  17 
MORRIS,  FRANCIS. 

Enabled  to  sue  Abigail  Conqueret, 
wife  of  Lewis  Conqueret,  as  if  she 
were  unmarried,  ....  209 

MORTAQUIT,  STEPHEN,  alias  STE- 
PHEN STEPHEN. 

One  of  the  appellants  against 
Thomas  Nickerson,  junior, 

of  Chatham 116 

MORTGAGES. 

Act  for  reviving  a  bill  in  equity 
for  redeeming  lands  mort- 
gaged by  Joseph  Newell 
of  Roxbury 99 

Mary,  wife  of  Jonathan  Evans,  en- 
abled to  mortgage  her  real 
estate  in  his  absence,     .        .        .  103 

John  Barrel!  and  his  wife  enabled  to 
sell  land  on  Cornhill  in  Boston 
to  discharge  a  mortgage  thereon,      .  109 

Hugh  Hall,  grandson  of  Benjamin 
Gibbs,     enabled     to     redeem     his 

morlgaged  estate 135 

MUDDY  RIVER,  COMMONLY  CALLED 
BROOKLINE,  SWAMPLIN" 
OR  HOG'S-COAT. 

Lands  at,  settlement  of,  upon  Samuel 
Sew^all,  junior, and  Rebecca, 
his  w^ife 43 


N. 


NAMES. 

Acts   for  change  of  names  of  per- 
sons,   .        .        .85,  205,  213,  217,  221 
Act     for     confirming     an     adopted 

christian  name,        .       .       .191 
NATURALIZATION. 

Act  for  naturalizing  Peter  Landais 

of  St.-Malo,  France,        .       .  225 


NEWELL,  EBENEZER. 

Enabled  to  enter  and  prosecute  his 
appeal  from  a  judgment 
given  against  him  at  the 
court  of  general  sessions 
of  the  peace  at  the  court  of 
assize,  etc  ,  .        .        .        .        .        .  IIS 


Index. 


241 


NEWELL,  JOSEPH. 

His  children  allowed  to  have  their 
bill  in  equity  for  redeem- 
ing   a    mortg-age    by    him 

revived, 

NICKERSON,  THOMAS,  JUNIOR. 

Appellee  in  the  suit  brought  against 
him  by  Simon  Stephen  for 


NICKERSON,  THOMAS,  JUNIOR  -  co?i- 
tinued. 

himself  and  others  in  the  ia- 
feiior   court  of   common    pleas   for 

I  Barnstable  County 116 

I    NURSE,  REBECCA. 

I  Act  for  reversing  the  attainder  of, 

I  for  "Witchcraft 71 


o. 


OLIVER,  DANIEL. 

Enabled  to  sell  part  of  the  estate  of 
Grove  Hirst,  late  of  Boston, 
deceased,  as  his  executor  and 
guardian  of  his  children,    .        .        .  133 

OVERSEERS  APPOINTED. 

Ebenezer  Brenton  and  John  Cary 
in  the  matter  of  the  sale 
of  the  estate  of  Peter  Pa- 
pillon 33 


OVERSEERS  APPOINTED  —  cnntinued. 

Samuel  ToplifTe,  overseer,  empow- 
ered to  assent  to  the  sale 
of  the  estate  of  David  Jones 
by  bis  widow 

Jonathan  Tyng  and  Daniel  Gookin, 
overseers  for  the  sale  of 
the  messuage  and  land  of 
Nathaniel  Gookin  of  Cam- 
bridge, deceased, 


P. 


PABODIE,  WILLIAM,  JUNIOR. 

Enabled  to  have  a  new  trial  in  the 
superior  court  of  judica- 
ture of  a  cause  betw^een 
himself  and  Maj.  Benjamin 
Church  of  Bristol,     .  .    25 

PAGE,  JONATHAN. 

Enabled  to  prosecute  in  the  inferior 
court  of  common  pleas  for 
Middlesex  County  an  ap- 
peal, and  file  reasons  of 
appeal  in  an  action  be- 
tween himself  and  Na- 
thaniel Sparhawk  and 
Simon  Gates,  administra- 
tors of  the  estate  of  Ste- 
phen Gates,  senior,  de- 
ceased,      117 

PAPILLON,  PETER. 

Joan  Papillon,  w^idow,  empowered 
to  sell  two  ten-acre  lots 
belonging  to  the  estate  of 
her  husband,  Peter  Papil- 
lon, late  of  Bristol,  de- 
ceased,      33 

PARKER,  MARY. 

Act  for   reversing  the  attainder  of, 

for  witchcraft,    ....    71 
PARKER,  MARY. 

The  bonds  of  matrimony  between 
her    and    Phineas    Parker 

dissolved,  etc 169 

PARSONS,  WILLIAM. 

Susanna  Codner  enabled  to  sell  his 
house    and    land  to   pay   his 

debts 53 

PARTITION  OP  LANDS. 

Devised  by  John  Briant  to  his  sons 
in  tail ;  ratified  as  estates 
in  fee  simple,       .       .       •       -89 

Devised  by  Edward  Denison ;  judge 
of  probate  authorized  to 
confirm 93 


100 


PATCH,  SARAH. 

Confirming  to  her  and  her  heirs 
three  acres  of  upland  and 
naeadow  in  Beverly,  assigned 
to  her  without  words  of  inheritance 
in  the  division  of  the  estate  of  her 
father,  John  Patch,  late  of  Beverly, 

deceased 141 

PAUL,  JAMES. 

Vouches  Nicholas  Moorey  to  de- 
fend an  action  of  trespass 
brought  against  him  by 
John  Godfrey  f<wj;.,  . 
PEPPERRELL,  SIR  WILLIAM,  BAR- 
ONET. 

Act  to  enable  his  executors,  and  the 
other  proprietors  of  tracts 
of  land  in  Biddeford  and 
Scarborough,  to  bring  suit 
in  the  county  of  York  for  any  tres- 
passes upon  said  land, 
PEPPERRELL.  WILLIAM. 

Name  of  William  Pepperrell  Spar- 
hawk  changed  to,     . 
PHILLIPS,  JOHN,  JUNIOR. 

Act  for  imprisoning, 61 

Act  for  punishment  of,  for  high  mis- 
demeanor  67 

PHIPS,  SPENCER. 

Name  changed  from  Spencer  Ben- 
nett,   85 

POLLARD,  MARGARET. 

Widow,  executrix  of  the  last  will 
of  Benjamin  Pollard,  de- 
ceased, empow^ered  to 
make  sale  of  certain  lands 
that  were  conveyed  to  the  said  de- 
ceased in  trust, 178 

PORTER,  JOHN. 

Enabled  to  bring  forw^ard  his  appeal 
to  the  superior  court  of  judicature 
nest  to  be  held  in  Essex  Couoty 
from  the  judgment  of  the  court  of 


188 


205 


242 


Index. 


PORTER,  JOHN  — cojitinuecJ. 

sessiune,  approving  the  report  of 
committee  who  laid  out  a  highway 
across  his  laods,  .        .        .        .94 

POST,  MARY. 

Act  for  reversing  the  attainder  of, 

for  ■witcticraft 71 

PRICE.  JOHN. 

Sarah  Price,  his  ^jyidow^  and  adminis- 
tratrix, enabled  to  review 
an  action  between  John  Croade 
of  Salem,  plaintiff,  executor  of  the 
will  of  Elizabeth  Price,  widow  of 
Capt,  Walter  Price,  and  said  John 
Price,  defendant,  as  he  was  surviving 
executor  of  the  will  of  said  Walter,      7 

PRICE,  WALTER. 

The  administratrix  of  his  executor 
enabled  to  review  an  action 


PRICE,  "WALTER  —  co«im?i«(7. 

betw^een  his  executor  and 
John  Croade,  the  executor 
of  his  will 7 

PROCTER,  ELIZABETH. 

Act  for  reversing  the  attainder  of, 

for  witchcraft,    .       .       .       .    49 

PROCTER,  JOHN. 

Act  for  reversing  the  attainder  of, 

for  witchcraft,    .       .       .       .71 

PROVINCE  LOAN. 

Act  to  enable  the  administratrix 
of  Thomas  Sergeant,  late 
of  Amesbury,  to  sell  land 
mortgaged  by  her  intestate 
to  the  commissioners  of  the 
*eiOO,000  loan 127 


R. 


REED,  SAMUEL. 

Bartholomew  Jackson  enabled  to 
prosecute  his  appeal 
from  a  judgment  obtained 
against  him  in  the  inferior 
court  of  common  pleas  by 
Reed's  administrators, .  149, 154 
REED,  WILLIAM. 

Enabled  to  enter  and  prosecute 
an  appeal  in  the  superior 
court  of  judicature  from  the 
sentence  of  the  court  of  sessions  for 
Middlesex  County  in  a  cause  tried 
between  himself  and  the  selectmen 
of  Lexington  and  Thomas  Kendal 
in  the  matter  of  laying  out  a  way, 
notwithstanding  his  failure  to  file 
his  reasons  of  appeal,  .  .  ,92 
KEVIEWS  AND  NEW  TRIALS 
GRANTED :  - 

Sarah  Price,  administratrix  of  the 
estate  of  her  husband, 
Capt.  John  Price,  enabled 
to  review  an  action  between 
John  Croade,  executor,  etc.,  and 
her  said  husband,       ....      7 

Review^  granted  of  an  action  betw^een 
Samuel  Lew^is  and  others 
and  William  Giflford,      .       .    13 

John  Cary  enabled  to  review^  an 
action  betw^een  himself 
and  Richard  Chauncy  of 
London, 14 

William  Pabodie,  junior,  enabled 
to  have  a  new  trial  of  the 
action  brought  against  him 
by  Maj.  Benjamin  Church,  .    25 

In  the  action  between  Nathaniel  and 
Timothy  Holloway  of  Taun- 


REVIEWS  AND  NEW  TRIALS 
GRANTED  —  continued. 
ton  and  Daniel  Bartlett  of 
Mendon.Bartlelt  enabled  to  bring 
forward  the  action  in  the  next  supe- 
rior court  of  judicature  to  be  held 
in  Bristol  County,       ....  107 

Christopher  Taylor  enabled  to  re- 
view, in  the  inferior  court  of  com- 
mon pleas  at  Boston,  a  cause  between 
himself  and  the  executors  of  James 
Taylor,  deceased,        ....  108 

William  Man  enabled  to  review  an 
action  in  which  judgment  had 
been  awarded  against  him  upon  the 
report  of  auditors  appointed  by  rule 
of  court 12S 

Jonathan  Blake  and  others  enabled 
to  have  a  new  trial  at  the 
court  of  assize,  etc.,  upon  an  indict- 
ment found  against  them  for  misde- 
meanor in  altering  a  warrant  for 
calling  a  meeting  of  the  proprietors 
of  the  common  lands  in  Dorchester,  144 

Caleb  Spurrier  of  London  enabled 
to  review  his  action 
against  John  Butler  of 
Georgetown 1.48 

Isaac  Little  of  Marshfleld  enabled 
to  bring  a  second  review  of 
an  action  against  Joseph  Mallinson 
of  Boston,  once  reviewed  in  the 
superior    court    of     judicature    in 

Plymouth  County 155 

ROUS,  WILLIAM. 

Act  for  imprisoning, 61 

Act  for  punishment  of,  for  high  mis- 
demeanor  65 


SALES      AND      CONVEYANCES      OP 
REAL   ESTATE    AUTHOR- 
IZED:— 
By  Abigail  Hannaford,  of  the  estate  of 
her  husband,  John  Hannaford, 


s. 


SALES      AND       CONVEYANCES       OF 
REAL    ESTATE    AUTHOR- 
IZED —  continued. 
By  Lydia  Moore,  of  the  right  of  way  of  her 

husband,  John  Moore,       .        .        .17 


Index. 


243 


SALES  AND  CONVEYANCES  OF 
REAL  ESTATE  AUTHOR- 
IZED —to;UiVi!ie(?. 

By  Ann  Jones,  of  a  house  and  land  in  Dor- 
chester belonging  to  her  husband's 
estate, 27 

By  Samuel  Searle,  of  land  entailed 

by  Daniel  Searle,      .       .       .31 

By  Joan  Papillon,  of  t-wo  lots  belong- 
ing to  the  estate  of  her  late 
husband,  Peter  Papillon,     .    33 

By  Jonathan  Tyng  and  Daniel 
Gookin,  of  the  messuage 
of  Nathaniel  Gookin  of  Cam- 
bridge for  the  benefit  of  his  children, 
Nathaniel  and  Hannah  Gookin,        .    45 

By  Susanna  Codner,  executrix  of 
the  will  of  William  Par- 
sons, of  his  house  and 
lands  for  payment  of  his  debts, .     53 

By  Theodosia  Sherman  (late  Clarke) 
and  Thomas  and  Ebenezer 
Maudsley,  guardians  of  the 
children  of  John  Maudsley, 
deceased,  of  entailed  land  belonging 
to  said  minors  in  the  burnt  district 
in  Boston, 77 

By  the  sons  of  Justinian  Holden,  of 

entailed  estate,  ....    81 

By  John  Barrell,  of  estate  in  Boston 
held  for  the  benefit  of  the 
heirs  of  his  late  "wife  in  fee, 
the  same  being  subject  to  a  mort- 
gage,      109 

By  Mary  Sergeant,  administratrix 
of  Thomas  Sergeant  of 
Amesbury,  of  land  mortgaged 
to  the  commissioners  of  the  £100,000 
loan, 127 

By  Margaret  Wrightington  of  Ne'w- 
port,  Rhode  Island,  of  sev- 
eral lots  of  land  in  Little 
Compton  in  Bristol  County,         .  134 

By  Patience  Copp,  guardian  of 
Charles  and  Katherine 
Short,  minors,  of  their  interest 
in  land  and  flats  at  the  South  End 
of  Boston, 150 

By  Margaret  Pollard,  executrix,  of  land 
conveyed  to  her  husband  in  trust  by 
Jonas  Clarke, 17S 

By  Mary  Hunt,  "wife  of  Richard  Hunt, 
of  her  interest  in  lands  in  Holden 
to  her  own  use, 187 

By  Faith  Cookson,  -wife  of  Obadiah 
Cookson,  of  her  interest  in  cer- 
tain lands,  notwithstanding  her 
coverture, 192 

Surviving  executors  of  the  -will  of 
Ed'ward  Jackson,  of  his  estate 
in  Shutesbury 193 

Peter  and  Stephen  Hallet   enlpo-w- 

ered  to  exchange  lands,     .  201 
SALTONSTALL,  NATHANIEL. 

Act  for  taking  off  the  entail  upon 
certain  estates  in  Essex 
County  which  his  children  de- 
rived from  him,  and  vesting  the 
same  in  them  in  fee  simple,  with 
authority  to  make  partition  thereof,  158 


122 


183 


SARGENT.  EDWARD. 

Defendant    in    a    suit     brought    by 

Richard  and  James  Carr, .  102 
SAWYER,  JAMES. 

James   Dike   enabled  to    prosecute 
his  appeal  from  a  judgment  re- 
covered against  him  Ijy  said  Sawyer 
before  a  justice  of  the  peace,    . 
SCARBOROUGH. 

Sir  William  Pepperrell  and  others, 
executors,  enabled  to  bring 
suit  for  trespasses  committed 
upon  lands  in  said  township,     . 
SEARLE,  DANIEL. 

His  son  and  heir,  Samuel  Searle, 
and  Jonathan  Tyng,  son 
and  heir  of  Edward  Tyng, 
deceased,  enabled  to  sell 
a  house  and  land  in  Boston 
conveyed  by  said  Daniel   Searle  in 

trust  and  in  tail 31 

SERGEANT,  MARY. 

Administratrix  of  Thomas  Sergeant, 
late  of  Amesbury,  deceased, 
intestate,   enabled    to   sell 
land,  being  part  of  a  tract 
under     mortgage     to     the 
commissioners        of       the 
=6100,000  loan  for  the  use  of 
this  province,  conformable  to  a  con- 
tract made  by  the  said  deceased, 
SEWALL,  SAMUEL  AND  HANNAH. 
Enabled  to  settle  certain  lands   at 
Muddy  River  in  Suffolk  County 
upon    Samuel    Sewall,   their   eldest 
son,  and  his  wife,        .... 
SHERMAN,         THEODOSIA  (LATE 

CLARKE). 
Empowered  jointly,  with  Thomas 
Maudsley  and  Ebenezer 
Maudsley,  guardians  of 
the  four  children  of  John 
Maudsley  and  Hannah,  his 
wife,  to  sell  the  land  of  said 

minors 77 

SHORT,  CHARLES  AND  KATHERINE. 
Patience  Copp,  their  guardian,  en- 
abled to  make  sale  of  their 

real  estate 150 

SMITH,  JOSEPH. 

Defendant  in  a  case  of  trespass 
and  ejectment  as  tenant 
of  Bartholomew  Jackson; 
the  latter,  admitted  to  de- 
fend in  his  place,  is  enabled 
to  prosecute  his  appeal  from 
the  judgment  of  the  inferior  court 
of  common  pleas  for  Essex  County, 
affirmed  in  the  superior  court,  be- 
cause the  reasons  of  appeal  were 
not  seasonably  filed,  etc.,  .  .  .  149 
SMITH,  THOMAS. 

Enabled  to  review  an  action  brought 
against  him  by  William 
Baker  of  Boston,  administrator 
of  the  estate  of  Nathaniel  Baker, 
late  of  Boston,  deceased,  .  .  .  140 
SOAMES,  JOHN. 

Made  trustee  of  the  estate  of  John 
Hannaford,  to  be  sold   for 


127 


43 


244 


Index. 


SOAMES,  JOHN  — co7itinue(K 

the  benefit  of  the  children 
of  George  Dell  and  of  said 
Hannaford, 12 

SPARHAWK,  NATHANIEL. 

Jonathan  Page  enabled  to  prose- 
cute an  appeal  against 
him  and  Simon  Gates,  ad- 
ministrators, etc 117 

SPARHAWK,       WILLIAM       PEPPER- 
RELL. 
His  name  changed  to  William  Pep- 

perrell 205 

SPRAGUE,  BUNKER. 

His    name     changed     to    Ebenezer 

Harnden, 221 

SPURRIER,  CALEB. 

Enabled  to  review  at  the  next 
superior  court  for  York 
County  an  action  origi- 
nally brought  by  him 
against  John  Butler  in  the 


SPURRIER,  CALiKB  —  contijiued. 

inferior  court  of  common  pleas  for 
said  county, 148 

STEPHEN,  SIMON. 

Enabled  to  prosecute  an  appeal  in 
a  case  lately  depending  in 
the  inferior  court  of  com- 
mon pleas  for  Barnstable 
County  between  him  and  his 
brother,  Stephen  Mortaquit,  alias 
Stephen  Stephen,  and  Peter  Doga 
raus,  appellants  (all  Indians), 
against  Thomas  Nickerson,  junior, 
appellee 116 

SUMNER,  GEORGE,  WILLIAM  AND 
EDWARD. 
Enabled  to  have  a  new  trial  upon 
an  indictment  for  misde- 
meanor found  against  them,  to- 
gether with  Jonathan  Blake,  in  the 
court  of  assize,  etc.,  ....  144 


T. 


TAIL,  ESTATES  IN. 

Conveyance,  etc  ,  of,  authorized:  — 

of  Daniel  Searle 31 

of  a  messuage  in  Boston,  and  the 
land  under  and  adjoining 
the  same,  conveyed  in  tail 
by  Thomas  Clarke  to  his 
son  Thomas,  and  descended 
to  his  children  and  grand- 
children,         77 

of   land    devised   in   tail    by   Dr. 

John  Clark,         .       .       .       .79 

of  lands  devised  in  tail  under 
the  w^ill  of  Justinian  Hol- 
den 81 

of  lands  devised  in  tail  under  the 

will  of  John  Briant,        .        .    89 

of  lands  conveyed  and  devised  in 
tail  by  Nathaniel  Salton- 
stall, 158 

of  lands  devised  in  tail  by  Col. 

John  Wainw^right,   .       .       .161 
TALBOT,  JAKED. 

Justices  of  the  superior  court  of 
judicature  sitting  in  Bris- 
tol County  enabled  to 
chancer  a  judgment  ob- 
tained against  him  by 
Nathaniel  Holloway  of  Taunton  and 
Timothy  Holloway  of  Dighton,  .  151 
TAYLOR,  CHRISTOPHER. 

Enabled  to  review^,  at  the  next  in- 
ferior court  of  common 
pleas  to  be  held  in  Boston, 
a  cause  between  himself 
and  the  executors  of  James 
Taylor,  deceased,  .  .  .  lus 
William  Taylor,  administrator  of 
Rebecca  Taylor,  late  of 
Lynn,  enabled  to  enter  two 
actions  against  him  w^hich 
he  neglected  to  enter  after 
recovering  judgment  on  appeal  upon 
a  plea  in  bar 119 


123 


108 


119 


123 


TAYLOR,  CHRISTOPHER  —  continued. 

An    act   reviving  the   enabling  act 
above  referred  to,  . 
TAYLOR,  JAMES. 

Review  allowed  to  Christopher  Taylor  in  a  suit 
brought  against  him  by  the  executor 

of  James, 

TAYLOR,  REBECCA. 

Her  administrator  enabled  to  enter 
two  actions  in  the  inferior 
court  of  common  pleas  after 
judgment  upon  appeal  in  the  suijerior 
court  of  judicature,     .... 

An    act   reviving  the   enabling   act 
above  referred  to,     . 
TAYLOR,  WILLIAM. 

Administrator  of  the  estate  of  Re- 
becca Taylor  of  Lynn, 
enabled  to  enter  two 
actions  in  the  inferior 
court  of  common  pleas  for 
Suffolk  CoLinty  against 
Christopher  Taylor  of  Bos- 
ton, to  recover  two  sums  due  for 
rent  by  said  Christopher  to  said  Re- 
becca in  her  lifetime;  said  admin- 
istrator having  failed  to  enter  said 
actions  in  the  inferior  court  for  said 
county  after  judgment  on  appeal  to 
the  superior  court  on  a  plea  in  bar 
by  the  defendant,        .... 

Act  reviving  the  above  act,    . 
THOMAS,  ISAAC. 

His  widow,  Abigail  (Little),  enabled 
to  recover  the  value  of  her 
dower  from  his  children 
TOWNSEND,  JAMES. 

The  judge    of   probate    enabled    to 
make  partition  among  his 
heirs  of  lands  in  Boston  which  he 
inherited  from  Rebecca  Winthrop,  .  180 
TRUSTEES  APPOINTED. 

John  Soames,  of  the  estate  of  John 

Hannaford, 11 


119 
123 


197 


Index. 


245 


TURNER,  MERCY. 

Her    marriage   -with   Philip   Turner 
declared  null    and   void  ab 

initio 229 

TYLER,  WILLIAM  CLARK. 

His  name  changed  to  Royall  Tyler,  .  213 


TYNG,  EDWARD. 

Jonathan  Tyng,  his  son  and  heir, 
and  Samuel  Searle,  son  of 
Daniel  Searle,  enabled  to 
sell  a  house  and  land  in 
Boston 31 


USHER.  JOHN. 

Enabled  to  prosecute  an  appeal  at 
the    next     superior    court 


u. 


USHER,  JOHN  — co7itinued. 

for    Middlesex    County 
the  suit  of  John  Foye,  . 


at 


VETCH,  SAMUEL. 

Act  for  imprisoning, 


V. 


I    VETCH,  SAMUEL. -co7iti7iued. 
61  Act  for  the  punishment  of,  for  high 

'  misdemeanor,     .       .       .       . 


W. 


WAINWRIGHT,  CHRISTIAN. 

Enabled  to  sell  and  convey  in  fee 
simple  certain  lands  in 
Ips^vich  ■which  descended 
in  tail  to  the  children  of  her 
late  husband,  John  Wainwright,  .  161 
WAINWRIGHT,  JOHN. 

His  lands  devised  in  tail,  .       .       -       -161 
WALDO,  CORNELIUS. 

His  daughter.  Faith  Cookson,  en- 
abled, not^vithstanding  her 
coverture  with  Obadiah 
Cookson,  to  sell  lands  de- 
vised to  her  by  her  father,  .  .  192 
WARDWELL,  SAMUEL. 

Act  for  reversing  the  attainder  of, 

for  -witchcraft Tl 

WARDWELL,  SARAH. 

Act  for  reversing  the  attainder  of, 

for  -witchcraft,    .       .       .       .49 
WEEKS,   WILLIAM. 

A  revie-w  granted  to  him,  Samuel 
Le-wis  and  Thomas  Bo-wer- 
man,  of  an  action  brought  against 
them  by  -William  Gifford,  .        .    13 

WBLSTEED,  WILLIAM. 

Enabled  to  sell  part  of  the  estate 
of  Grove  Hirst,  late  of  Bos- 
ton, deceased,  as  his  executor  and 
the  guardian  of  his  children,     .        .  133 
WHALES  OR  COWFISH. 

Stranded    near    Falmouth ;    revie-w 
granted  of  an  action  con- 
cerning them   brought  by 
William  Gifford,        .       .       .    13 
WHEELER,  WILLARD. 

His  christian  name   changed   from 

Willard  to  William  Willard,  217 
WILDE,   SARAH. 

Act  for  reversing  the  attainder  of, 

for  -witchcraft 71 


115 


71 


7-4 


WILKINSON,   EDWARD. 

Defendant  in  an  action  brought  in 
the  inferior  court  of  com- 
mon pleas  for  Essex 
County  by  Richard  Ireson, 
-who  is  enabled  to  file  his 
reasons  of  appeal,  he  having 
failed  to  do  so  through  mistake, 

WILLARD,  JOHN. 

Act  for  reversing  the  attainder  of, 
for  -witchcraft 

WILLARD,   SIMON. 

Administrator,  etc.,  -with  the  -will 
annexed,  empo^vered  to 
recover  and  receive  the 
goods,  chattels,  rights  and 
credits  of  Thomas  Do-wn- 
ing,  the  testator, 

WINSLOW,    JOSIAH    (FATHER     AND 
SON),  AND  ELISHA 

BLACKMAN. 
Enabled  to  contest  in  the  next  supe- 
rior court,  etc.,  the  validity 
of  a  rule  of  court  entered  into 
by  them  in  an  action  brought  by 
Timothy  Lindall  againet  James  and 
David  Cudworth,  and  the  judgment 
and  execution  thereon, 

WINTHROP,  REBECCA. 

The  judge  of  probate  enabled  to 
make  partition  of  lands  in 
Boston  descended  from  her,  180 

WITCHCRAFT. 

Acts  for  reversing  the  attainders  of 

persons  convicted  of,     .      49,  71 

WRIGHTINGTON,  MARGARET. 

Enabled  to  alienate  several  lots  of 
land  in  the  to-wnship  of 
Little  Compton,       .       .       .134 


156 


fiHi