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

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