Skip to main content

Full text of "The acts and resolves, public and private, of the province of the Massachusetts bay: to which are prefixed the charters of the province. With historical and explanatory notes, and an appendix. Published under chapter 87 of the Resolves of the General court of the commonwealth for the year 1867 .."

See other formats 


UNIVERSITY  OF   PITTSBURGH 


Darlington  Alemorial  LiLrarj 


Ma-s-saoKu  5c-"rt5>  Ci-oloviyJ  Uaws,  sta-tufc^.,  C'tc 


THE 


ACTS  AND  RESOLYES, 


PUBLIC    AXD    PRIVATE, 


Province  of  the  Massachusetts  Bay: 


TO   WHICH  ARE   PREFIXED 


THE  CHAETEES  OF  THE  PROYINCK 


HISTORICAL   AND   EXPLANATORY   NOTES,  AND   AN   APPENDIX. 


Published  under  Chapter  87  of  the  Resolves  of  the  General  Court 
OF  the  Commonwealth  for  the  Year  1867. 


Volume    XVIII., 

BEING   VOLUME   XIII.    OF   THE   APPENDIX. 


CONTAINING 


RESOLVES,  ETC.,  1765-1774. 


BOSTON : 

WRIGHT   &  POTTER  PRINTING   CO.,   STATE  PRINTERS, 

18   Post  Office  Square. 

1912. 


:par 


? 


(V,      RESOLVES,  ORDERS,  VOTES, 
>  ETC. 

^  Passed    1765-66. 


[1] 


LEGISLATIVE   LIST^ 

FOR 
1765-66. 


His  Excellency  FRANCIS   BERNAED, 

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

SECRETARY  OF  thb  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS. 

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


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


ESQRS. 


Harrison  Gray 
John  Choate 
James  Russell 
Thomas  Flucker 
Nathaniel  Ropes 
Timothy  Paine 
Royall  Tyler 
Andrew  Belcher 
John  Chandler 


>ESQRS. 


Of  the  Inhahitayits  of  or  Proprietors  of  Lands  loithin  the  Territory  formerly 
called  the  Colony  of  New  Plymouth; 

George  Leonard  )  Peter  Oliver 

Gamaliel  Bradford  (    sqrs.  James  Otis 


EsQRS. 


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

John  Hill,  Nathaniel  Sparhawk  &  Sows  Bradbury,  Esqrs. 

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

William  Brattle,  Esq. 

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

[3] 


Province  Laws  {Resolves,  etc.).  —  1 765-6 G.     [Representatives.] 

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


Boston,^ 


Eoxbury, 

Dorchester, 

Milton,   . 

Braintree, 

Weymouth,, 

Hingliam, 

Dedham, 


Medway, 


REPRESENTATIVES   OR   DEPUTIES. 
May  29,  1765  to  April  5,  1766. 
Mr.  SAMUEL  WHITE,  Speaker. 
County  of  Suffolk. 
.     .  Hon.  James  Otis,  Esq., 
Thomas  Gushing,  Esq., 
Oxenbridge  Thaclier,  Esq., 
Mr.  Thomas  Gray. 
Joseph  Williams,  Esq. 
John  Robinson,  Esq. 
Stephen  Miller,  Esq. 
Capt.  Ebenezer  Thayer. 
James  Humphrey,  Esq. 
Mr.  Joshua  Hearsey. 
Samuel  Dexter,  Esq. 
Mr.  Seth  Clark. 
Mr.  Daniel  Richards. 
Elisha  Adams,  Esq. 


County  of  Essex. 

Salem,   . 

.  Andrew  Oliver,  Esq., 

William  Brown,  Esq. 

Ipswich, 

.     .  Dr.  John  Calef. 

Neiobury, 

.  Joseph  Gerrish,  Esq. 

Newburyport,  .  Dudley  Atkins,  Esq. 

Marblehead 

.  Jacob  Fowle,  Esq., 

William  Bourn,  Esq. 

Lynn,     . 

.  Mr.  Ebenezer  Burrill. 

Andover, 

.  Samuel  Phillips,  Esq. 

Beverly, 

.  Mr.  Henry  Ilerrick. 

Rowley,  . 

.  Humphrey  Hopson,  Esq. 

Salisbury, 

.  Caleb  Gushing,  Esq. 

Haverhill, 

.  Richard  Saltonstall,  Esq. 

Olocester, 

.  Thomas  Saunders,  Esq., 

Nathaniel  Allen,  Esq. 

Boxford, 

.  Aaron  Wood,  Esq. 

Almsbury, 

.  Isaac  Merrill,  Esq. 

Bradford, 

.  Benjamm  MuUiken,  Esq. 

Danvers, 

.  Mr.  Thomas  Porter. 

Topsfield, 

.  Mr.  Samuel  Smith. 

County  of 

Middlesex  —  Concluded. 

Gharlestown,  . 

.  Gapt.  Edward  Sheafe. 

Woburne,   .     . 

.  James  Fowle,  Esq. 

Concord,    .     . 

.  Charles  Prescot,  Esq. 

Reading,    .     . 

.  Ebenezer  Kichols,  Esq. 

Newton,     . 

.  Capt.  Abraham  Fuller. 

Marlborough, 

,  Mr.  Samuel  Witt. 

Watertown,     . 

.  Mr.  Daniel  Whitney. 

Grolon, 

•^ 

Shirley  & 

^Abel  Lawrence,  Esq. 

Pepperrell, 

) 

Billerica,  .     . 

.  Capt.  Enoch  Ividder. 

Framingham, 

.  Joseph  Buckminster, 

Esq. 
.  William  Read,  Esq. 

Lexington, 

Weston,      .     . 

.  Mr.  Abraham  Bigelow. 

Chelmsford,    . 

.  Sampson  Stoddard,  Esq. 

Maiden,     .     . 

.  Capt.  Ebenezer  Harden.' 

Medford,    .     . 

.  Stephen  Hall,  Esq. 

Sudbury,   . 

.  John  Noyes,  Esq. 

Waltham,  .     . 

.  Capt.  Jonas  Dix. 

Lincoln,      .     . 

.  Hon.  Chambers  Russell, 

Esq. 
.  Capt.  Jonas  Prescot. 

Westford,    .     . 

Hopkinston,     . 

.  John  Jones,  Esq. 

Stowe,  .     .     . 

.  Henry  Gardner,  Esq. 

County  of  Hampshire. 

Springfield  i6    .  }  John  Worthington,  Esq. 
>  Josiah  D wight,  Esq. 


Wilbraham, 
Northampton  & 
Southampton, 


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


South  Hadley 
and  Amherst, 
Hatfield,  . 
Deerfield  & 
Greenfield, 
Westfleld,  . 
Srimfield  and 


Timothy  Dwight,  Esq. 


Mr.  Daniel  Nash. 


Samuel  Adams,  chosen  Representative  from  Boston,  September  2' 
House  Journal,  p.  4,  reads,  "Harnden." 


.  Oliver  Partridge,  Esq. 
}  Mr.    Jonathan   Ashley, 
I      Jr. 
.  Eldad  Taylor,  Esq. 

South  Brirnfield,  > 

1765,  —  House  Journal,  p.  129. 


[Representatives.]     Province  Laws  (Besolves,  etc.).  —  1765-f)6 


County 

Worcester,  . 
Lancaster,  . 
Brookfield, 
Sutton,  . 
Riitlmid  and 
Rutland  Dis- 
trict, 

Westborough,  . 
Southboroiigh, 
Hardwicke, 

Shretvsbury,    . 
Stur  bridge, 
Bolton,  . 
Oxford  & 
Charlton, 
Leicester,  Spen- 
cer, &  Paxton, 


Harvard,    . 
Ltmenburgh  and 
Fitchbtirgh, 


OF  Worcester.' 
John  Chandler,  Esq. 
.  Mr.  David  Wilder. 
.  Jedediah  Foster,  Esq. 
.  Capt.  Henry  Iving. 

John  Murray,  Esq. 

.  Francis  Whipple,  Esq. 

.  Ezra  Taj'lor,  Esq. 

.  Hon.  Timothy  Ruggles, 

Esq. 
.  Artemas  Ward,  Esq. 
,  Moses  Marcy,  Esq. 
.  John  Whitcomb,  Esq. 

•  Mr.  Josiah  Woloott. 

Capt.  John  Brown. 

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

Edward  Hartsvell,  Esq. 


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

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

County  of  Bristol. 
Taunton,   .     .     .  Hon.    Samuel  White, 

Esq.,  Speaker. 
Rehoboth,  .     .     .  Capt.  James  Clay. 
Swansey,  .     .     .  Jerathmeel  Bowers,  Esq. 
Dighton,    .     .     .  Ezra  Richmond,  Esq. 
Dartmouth,     .     .  Mr.  Walter  SjJooner. 
Norton,      .     .     .  George  Leonard,  Jr., 

Esq. 
Attleborough,       .  Mr.  Ebenezer  Lane. 
Freetown,       .     .  Mr.  Thomas  Durfee. 


York,   . 


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


Scituate, 
Marshfield, 
Duxbury,  . 
Bridgwater, 
Middleborough 
Rochester,  . 
Plympton,  . 
Pembroke,  . 
Abington, 


Wells,  . 
Berwick, 


Tisbury, 


County  of  York.' 
.     .  Jonathan  Say  ward,  Esq. 
.  James  Gowen,  Esq. 
.  Joseph  Sayer,  Esq. 
,     .     .  Benjamin  Chadburn, 
Esq. 

Dukes  County. 

.  James  Athearn,  Esq. 


In  the  County  op  Nantucket. 
Sherburne,     .     .  Abishai  Folger,  Esq.   ■ 

COLTSTTY    OF    CUMBERLAND. 

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

County  of  Berkshire.^ 

Stockbridge,   .     .  Timothy  Woodbridge, 

Esq. 
Pittsfield,   .     .     .  William  Williams,  Esq. 

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

-  Mr.  Thomas  Perkins,  chosen  Representative  from  Arundell.  June  22,  176.5. —  House  Journal,  p.  88. 
Samuel  Jordan,  chosen  Representative  from  Biddeford,  October  24,  176.5.  —  Hquse  Journal,  pp.  130,  131. 

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


County  of  Barnstable. 


Barnstable, 
Sandwich,  . 
Easthani  and 
Welfleet, 


Nymphas  Marston,  Esq. 
Mr.  Stephen  Nye. 

'  Jonathan  Doane,  Esq. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

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


CHAPTEK    1. 

VOTE    APPOINTING    A    COMMITTEE     FOR    THE    REPAIRS    OF    CASTLE 
WILLIAM. 

The  two  Houses  according  to  agreement,  proceeded  to  the  choice  Legislative 
of  a  Committee  to  take  care  of  the  Repairs  that  shall  be  necessary  counc*!?  °*  "'^ 
to  be  made  at  Castle  William  the  present  year;  and  the  Votes  being  xxvi., 9.' 
brought  in,  sorted  and  counted ;  it  appeared  that  Thomas  Hubbard,  Legislative 
Eoyall  Tyler  and  Thomas  Cushing  Esq"  M'  Thomas  Gray  and  Cap'  colindr*""' 
Edward  SheafEe  were  chosen  by  a  majority  of  the  Votes.     [Passed  ^^JJ^;,^jg^^J. 
May  SI.  nai,  p.  u. 

CHAPTBE    2. 

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

A  Memorial  of  Thomas  Hutchinson  Esq''  Setting  forth     That  Le.eisiative 
having  been  long  since  appointed  one  of  the  Commissioners  for  councif.xxvif, 
finishing  the  £100,000  Loan,  and  the  whole  being  compleated  ex-  ^rcWrcB^iv 
cept   the  Sale  of  one  piece  or  tract  of  Land  in  Hanover;  three  346. 
others  in  Eochester  and  one  in  middleboroiigh ;  he  hath  after  many  Mass. 
attempts  viz'  on  the  23*  of  may  last  Sold  the  tract  in  Hanover  being  .^5?'"Hou8'e^'' 
twenty  acres  to  Benj''  Stockbridge  Esq'  for  £27.6.8  and  praying  that  .^.p^io""'^'^?^^^- 
the  said  Sale  may  be  confirmed,  and  that  he  may  be  specially  im-  Tnce  Laws, 
powered  to  give  a  suflBcient  Deed  therefor.  xm.,  42, chap. 

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

Eead  and 

Resolved  that  the  Hono''''^  Thomas  Hutchinson  Esq'  be  and  hereby 
is  fully  Impowered  to  Give  a  good  and  Suiiicient  Deed  of  the  twenty 

["] 


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

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


CHAPTBE    3. 


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


Legislative 
Records  of  the 
Council,  xxvi., 
12. 

HouBe  Jour- 
nal, p.  23. 


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

[Read  and] 

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


CHAPTEK    4, 


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


Legislative 
Records  of  the 
Council,  xxvi., 
13. 

House  Jour- 
nal, pp.  14, 29. 
Province 
Laws,  xvi.,  573, 
chap.  18;  xvii., 
528,  chap.  3a. 


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

Read  and 

Resolved  that  the  within  account  being  right  cast  and  well  Vouched 
be  allowed,  and  that  the  Treasurer  be  discharged  of  the  Sum  of 
£375.9.1%  which  he  has  paid  by  the  Order  of  the  Court  of  Ses- 
sions, and  that  the  balance  of  the  Siim  of  £118.19.4:%  exclusive 
of  the  Taxes  laid  on  the  Town  of  Woodstock  still  remaining  due 
to  the  County,  and  is  outstanding  in  the  hands  of  several  Consta- 
bles, he  be  further  accountable  for  when  by  him  received.  [Passed 
Ju lie  5. 


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


CHAPTEE    5. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUTSfTY. 

The  Account  of  John  Cotton  Esq'  Treasurer  of  the  County  of  Legislative 
Plymouth,  having  been  laid  before  the  Court  for  their  allowance,  councu, xxvi!*, 
the  following  Order  passed  thereon  viz*'  ^li . 

I^'^a^^and  _        _  SiTp:'u"9. 

Resolved  that  the  within  Account  being  right  cast  and  well  vouched, 
be  allowed,  and  that  the  Treasurer  be  discharged  of  the  Sum  of  One 
hundred  twenty  two  pounds,  twelve  shillings  and  two  pence,  which 
he  has  j)aid  by  the  order  of  the  Court  of  Sessions,  ancl  that  a  bal- 
ance of  the  Sum  of  Sixty  one  pounds  and  five  shillings  due  to  the 
County,  he  be  further  accountable  for.     \^Pass6d  June  5. 


CHAPTEE    6. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF    THE    TRUSTEES    OF    HASSANI- 
MISCO   INDIANS. 

The  Account  of  Artemus  Ward  Esq"'  and  others,  Trustees  of  the  Legislative 
Ilassanamisco  Indians,  having  been  laid  before  the  Court  for  their  councif  xxvi* 
allowance,  the  following  Order  passed  thereon  viz*  14.  Mass. 

-D       1  T  Archives, 

Read  and  xxxui.,  334. 

Resolved  that  the  within  accounts  are  right  cast  and  well  vouched  jiass. 
and  that  the  Ball^  of  six  pounds  seven  Shill^*  and  four  pence  due  to  ^xxur^slss 
the  said  Indians  the  Trustees  be  further  Accountable  for.     \ Passed  kouse'^roiir- 

June  O.  Province 

Laws,  xvii., 

263,  chap.  104. 

CHAPTEE    7. 

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

The   Account  of  Solomon   Otis   Treasurer  for  the   County  of  Legislative 
Barnstable  having  been  laid  before  the  Court  for  their  allowance  councif,  xxvit 
the  following  Order  passed  thereon  Viz' 


Read  and  naT'^'^/iTs'' 

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


10 


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


Legislative 
Records  of  the 
Council,  xxvi., 
15. 

House  Jour- 
nal, pp.  U,  31, 


CHAPTBK    8. 

RESOLVE   ALLOWING  THE   ACCOUNT  OF   THE    TREASURER    OF    ESSEX 
COUNTY. 

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

Read  and 

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


CHAPTEE    9. 

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


Legislative 
Becords  of  the 
Council,  xxvi., 
15. 

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


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

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


CHAPTEE    10, 


RESOLVE  ALLOWING   £8  TO   ALEX"  STUART. 


Lesrtslatlve 
Records  of  the 
Council,  xxvi., 
16.    Mass. 
Archives,  sva., 
278. 

Mass. 

Archives,  xva., 
277.    House 
.Journal,  pp.24, 
34.    Province 
Laws,  xvii., 
579,  chap.  154. 


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

[Read  and] 

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


[IsT  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  11 

Edward  SheaSe  A  Sum  not  exceeding  eight  pounds  in  order  to  pro- 
vide a  passage  for  the  Pef  to  Ireland  and  for  no  other  purpose. 
[Passed  June  6. 


CHAPTER    11. 

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

A  Petition  of  Ruth  Holmes,  Widow  of  Jedediah  Holmes  late  Legislative 
of  Middleborough  Setting  forth,  That  her  said  Husband  on  the  counc'if.xlv^ 
IS""  day  of  march  1763  inlisted  into  his  majesty's  Service  in  the  i^-^,jf4\^; 
pay  of  the  Province,  was  in  Cap'  Ephraim  Holmes  Company  of  Col"  ixxx.,  576. 
Hoar's  Regiment,  and  marched  to  Castle  William,  where  he  Sickned  Mass. 
and  Died  on  the  last  of  April :  That  he  was  not  made  up  in  any  ^-^^^J^fi 
muster  Roll,  and  praying  relief.  naTpp'so'ss 

Read  and 

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


CHAPTER    12. 

ORDER  ALLOWING  £1.  2.  6*  TO  JOS"  PERRY. 


A  Petition  of  Joseph  Perry     Setting  forth.  That  he  hath  care-  Legislative 
fully  applied  to  the  use  of  Alexander  Stuart  the  Sum  of  Three  g^^S.xL'vt 
pounds  granted  him  by  the  General  Court,  which  Money  being  ex-  }Tj_ 


hausted  he  was  still  obliged  to  expend  upon  him  the  further  Sum  House  Jour, 
of  One  pound  two  shillings  and  e"*  %  or  the  said  Stuart  must  have  'supra,  chap, 
suffered.  And  praying  he  may  be  reimbursed  said  Sum.  ^*'- 

Read  and  in  Answer 

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


CHAPTER    13. 

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

A  Petition  of  David  Twitchell  and  others.  Soldiers  in  the  pay  Legislative 
of  the  Province  in  Cap'  Page's  Company  of  Col°  Ruggles's  Regi-  coX'if, xlv*!^, 
ment  in  1760  Setting  forth     That  they  were  by  mistake  made  up  ^^  ^^^'>»- 
in  the  Roll  twenty  four  days  short  of  the  time  of  their  Service,  ixxx.,  .577. 
And  praying  an  allowance.  Mass. 

Read  (together  with  the  Pet"^  of  Isaac  and  Moses  Ball)  and  itxx!™77. 


12 


Province  Ijaw s,  {Resolves, etc.).  —  1765-6G.     [Chaps.  14,  15.] 


House  Jour- 
nal, p.  35. 


Resolved  that  the  following  Sums  be  paid  to  Cap'  William  Page 
for  the  Use  of  the  soldiers  hereafter  named  in  full  for  their  pay 
and  billeting     Viz 


For  Moses  Ball  . 
For  Adonijah  Ball 
For  David  Twitchell    . 

Eliphalet  Morey    . 

Silas  Shuttock 

Thaddeus  Houghton 

Stephen  Lord 


£2.  18.  10 
£2.   18.  10 


each  £1.  16.     2 


\_Passed  June  6. 


CHAPTER    14. 

ORDER   IMPOWERING   PHINEAS    HEYWOOD,  GUARDIAN,  TO    EXECUTE 
DEED. 


House  Jour- 
nal, pp.  30, 35, 


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

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


CHAPTER    15. 

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


Legislative 
Records  of  the 
Council,  xxvi.. 


House  Jour- 
nal, p.  44. 
Province 


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

Read  and 

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


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  13 


CHAPTEE    16. 

ORDER  REMITTING   THE    TAX    FOR    176i    LAID    UPON    TOWNSHIP  NO  4 
[BECKET]. 

A  Petition  of  Eldad  Taylor  Esq"  in  behalf  of  the  Inhabitants  Legislative 
of  the  Township  N»  4  in  the  County  of  Berkshire  Setting  forth  ^^Snclf,  xUI^. 
That  apprehending  themselves  over  Bated  in  the  valuation  taken  '^;p^^'^"||- 
in  the  year  1761,  they  thereupon  applied  to  the  General  Court  for  cxviii..  iia. 
relief  who  abated  them  the  Sum  of  £55.6.3  assessed  on  them  in  Mass. 
the  year  1761  and  the  further  Sum  of  £36.17.6  assessed  on  them  ^^''^Jjl^aU 
in  1763  That  there  is  now  a  Tax  of  £36.17.6  laid  on  them  for  the  ^^"/'^f/jj^""^^ 
year  1764  which  they  are  as  unable  to  pay  as  either  of  the  former  «.  'proviice' 
Sums,  and  the  more  so,  as  they  have  lost  their  Minister,  and  met  ch'a^^'iV'resi!' 
with  loss  other  ways  And  praying  that  the  Court  would  again  con-  ^{;^*'-|?y^^'' 
sider  the  difficulty's  they  labour  under,  and  grant  them  relief.  note.'   '  '    ' 

Read  and 

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


CHAPTER    17. 

ORDER  REMITTING  THE   EXCISE    ON    SPIRITUOUS    LIQUORS   TO    HEWIT 
ROOT. 

A  Petition  of  Hewit  Eoot  of  Great  Barrington,  Setting  forth  ^If^^'^g^Jj^he 
That  he  hath  for  divers  years  past  been  Licensed  to  keep  a  public  council,  xxvi., 
House  in  s"^  Town;  That  in  Novem'  last  his  House  took  fire  in  the  frchYv1fs%xi., 

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

that  he  saved  one  hogshead  of  Rum,  the  most  of  which  he  expended  Maes. 
on  his  friends  and  Workmen  who  assisted  in  setting  him  up  another  544.   House  '' 
House.  And  praying  that  in  consideration  of  his  loss  and  expence  a^'^ProV^Sil^' 
aforesaid  his  Excise  for  the  present  year  may  be  remitted  him.  Laws,  w.,  792, 

Read  and 

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


CHAPTER    18. 

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

A  Petition  of  John  Bosworth  and  Sarah  his  Wife,  Susanna  Legislative 
Jackson  Spinster,  Micah  Gurney  &  Hope  his  Wife,  &  Jn"  Bosworth  c^™ elf,  xx^l, 

Guardian  of  Hannah  Jackson,  Deborah  Jackson  &  Rebecca  Jack-  23^ 

son  Minors  Children  of  Benjamin  Jackson  late  of  Halifax  Cord-  House  Jour- 
wainer  deceased  Setting  forth,  that  the  said  Sarah,  Susanna  &  Hope  °  '^' 


14 


Province  Laws  {Resolves,  etc.).  — 1765-66.     [Chap.  19.] 


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

Eead  and 

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


CHAPTER    19 


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


Legislative 
Records  of  the 
Council,  xxvi., 


House  Jour, 
nal,  pp.47, 4S. 
Province 
Liiws,  il.,151, 
chap.  10. 


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

Eead  and 

Ordered  that  the  prayer  of  the  petition  be  granted,  and  that  Ann 
Cheney  be  and  hereby  is  impowered  to  make  Sale  of  the  within 
mentioned  premises  for  the  most  they  will  fetch,  and  to  make  and 
Execute  a  good  Deed  or  Deeds  thereof  in  the  Law;  she  observing 
the  directions  of  the  Law  for  the  Sale  of  Real  Estates  by  Executors 
or  Administrators  &  giving  proper  caution  to  the  Judge  of  Probate 
for  the  County  of  Suffolk  that  the  monies  arising  by  the  said  Sale 
shall  be  well  secured  for  the  benefit  of  the  Children  of  the  deceased, 
excepting  and  reserving  the  Interest  thereof  for  the  use  of  the  peti- 
tioner during  her  natural  life.     \^Passed  June  13. 


[1st  Sess.]     Pkovince  Laws  (Besolves,  etc.).  — 1765-66.  15 


CHAPTER    20. 

ORDER   ALLOWING   £6   TO   JAMES   ADAMS. 

A  Petition  of  James  Adams  of  New  Braintree  in  the  County  Legislative 
of  Worcester  Setting  forth,  That  he  was  in  his  Majesty's  service  couScffxll^f 
in  1759  under  Cap'  Kobinson,  and  was  as  he  apprehends  intitled  24-   m^iss. 
to  the  Province  Bounty  of  Six  pounds  allowed  to  those  who  inlisted  hixx.J&^i. 
for  the  reasons  mentioned  in  his  Petition.  And  praying  that  he  may  ^j;;^^^ 
be  allowed  to  receive  the  same.  Archives, 

T,        1  J  lxxx.,569. 

Kead  and  House  Jour- 

Ordered  that  the  prayer  of  the  Pet"  be  granted  and  that  the  Pef  Prov?nce*'*'  ^' 
recieve  Six  pounds  out  of  the  publick  Treasury  to  be  paid  into  the  ^h**^^>,^'-' 2''^> 
hands  of  Brig"  Euggles  accordingly.     \^Passed  June  12.  '^  *''■ 


CHAPTER    21.     . 

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

A  Petition  of  Susanna  Southworth  Widow  of  Nath'  Southworth  Legislative 
of  Middleborough   Setting  forth     That  the  said   Nathaniel  with  councif,  xxv*!^, 

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

on  which  is  built  a  Dam  across  Namasket  Eiver,  and  a  Saw  Mill,  ^a'l"^'' 49 "'^" 

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

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

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

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

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

Child. 

Eead  and 

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


16 


Province  Laws  {^Resolves,  etc.).  —  17G5-(i6.     [Chaps.  22,  23.] 


CHAPTEE    22. 


Legislative 
Eecords  of  the 
Couucil,  xxvi., 
26.    Mass. 
Archives, 
Ixxx.,  672. 

Mass. 
Archives, 
Ixxx.,  571; 
ccliii.,  43. 
House  Jour- 
nal, p.  57. 


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

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

Eead  and 

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


CHAPTEK    23, 


RESOLVE   ALLOWING   £42    AND    A 
ELEAZ' 


FURTHER    SUM    OF   £30    TO    REV"  M'^ 
WHEELOCK. 


Legislative 
Kecords  of  the 
Council,  xxvl., 
2(j. 

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


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

[Read  and] 

Resolved  that  there  be  paid  to  the  Rev'*  M'  Eleazer  Wheelock  the 
sum  of  Forty  two  pounds  for  the  Boarding  and  Educating  the  Indian 
Boys  in  his  petition  mentioned  for  seven  Months  ending  the  ^T"" 
day  of  June  current.  And  that  tlie  further  Sum  of  Thirty  pounds 
be  paid  to  the  said  M'  Wheelock  in  order  to  Cloath  said  Indian 
boys  for  their  decent  Return  to  their  friends,  and  both  Sums  to 
be  paid  out  of  the  Interest  of  S'  Peter  Warren's  Donation;  and 
that  the  application  of  such  Interest  to  the  maintenance  of  Indian 
Boys  in  the  Colony  of  Connecticut  discontinue  and  cease.  [Passed 
June  IS. 


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


CHAPTEE    24. 

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

A  Petition  of  Samuel  Morse  of  Natick  in  behalf  of  Hezekiah  r^^'^^^"^! jh 
Comecho,  an  Indian  Orphan  of  said  place  about  ten  years  of  age  council,  xxvi., 
Setting  forth     That  the  said  Hezekiah  is  Seized  in  fee  of  about  ArcWTCs!' 
ten  acres  of  Land  which  lies  at  a  distance  from  any  Eoad,  and  is  xxxUi..  339. 
so  broken  as  to  be  unfit  for  a  Settlement ;  that  it  Rents  but  for  eight  Mass. 
shillings  a  year,  whereas  the  Interest  of  the  Money  it  would  Sell  xxxiSflss. 
for  would  probably  amount  to  Six  or  seven  times  as  much.  And  nai^pp'^T^se 
praying  that  the  Guardians  of  the  Natick  Indians  may  be  impow-  67- '  Province 
ered  to  make  Sale  of  the  said  Land  and  improve  the  money  it  shall  chap^Ve,"  ote. ' 
sell  for,  for  the  benefit  of  the  said  Orphan. 

[Read  and] 

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


CHAPTER    25. 

ORDER  OF  NOTICE   WITH   STAY  OF  EXECUTION  ON    THE    PETITION    OF 
THO»  TORREY  TO   RE-ENTER  AN  ACTION. 

A  Petition  of  Thomas  Torrey  of  Plymouth  Setting  forth     That  Legislative 
he  was  served  with  a  Writ  from  Robert  Williams  of  Braintree  and  council^ xxvi?, 

Summoned  to  appear  at  the  Inferior  Court  of   Common  pleas  at  ?Z^ 

Boston  in  the  County  of  Suffolk  on  the  first  Tuesday  of  July  1764  ^T^'^'^m  63 
in  which  Writ  was  included  Isaac  Thomas  of  Hardwicke  in  the  66.  •  '  ■ 
County  of  Worcester,  who  as  the  jDCtitioner  apprehends  was  never 
served  therewith  That  the  petitioner  was  not  able  to  appear  in  Bos- 
ton on  Account  of  the  small  pox  which  was  then  there ;  but  employed 
M'  Adams  to  appear  as  his  Attorney,  that  the  petitioner  however  was 
called  out  before  M'  Adams  got  to  Boston,  and  the  said  Williams 
recovered  Judgment  for  £9.10.1014  and  Costs  taxed  at  £2.12.  And 
praying  that  he  may  be  impowered  to  re-enter  his  Action,  that  so 
the  same  may  be  tried  at  the  next  Inferior  Court  of  Common  pleas 
to  be  holden  for  the  County  of  Suffolk,  and  that  Execution  may 
be  stayed  in  the  mean  time. 

[Read  and] 

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


18 


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


CHAPTEK    26 


RESOLVE  IN  REGARD  TO  TAXES  IN  NEWBURY  AND  NEWBURYPORT. 


Legislative 
Records  of  the 
Council,  xxvi.. 


House  Jour- 
nal, pp.  57, 68. 
Province 
Laws,  iv.,  927, 
note. 


Whereas  the  Tax  laid  upon  the  Town  of  Newburyport  on  the 
Division  of  the  Tax  of  the  whole  Town  in  the  year  176-4  was  not 
taken  from  any  valuation  and  perfect  Lists  of  the  assessments  laid 
on  the  Inhabitants  of  Newburyport  for  Lands  within  the  Town  of 
Newbury  by  said  Town,  and  also  on  Newbury  by  Newburyport  can- 
not be  obtained  for  want  of  time  this  Session.     Therefore; 

Resolved,  That  the  Assessors  of  Newbury  for  the  year  1761  together 
with  the  Assessors  of  Newburyport  for  the  present  year  be  directed 
to  prepare  such  List  according  to  the  last  valuation  taken  thro'  the 
Province  in  the  year  1761,  and  make  return  of  such  List  to  this 
Court  at  their  next  Session;  and  if  it  appears  by  such  List  that  the 
Tax  now  laid  upon  each  Town  is  unequal,  it  shall  then  be  set  right 
in  the  next  Tax  Bill  and  the  Sum  or  Sums  so  assessed  since  the 
Division  of  the  Town  shall  be  repaid  to  either  Town. 
June  14. 


CHAPTEK    27 


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


Legislative 
Records  of  the 
Council,  xxvi.. 


Legislative 
Records  of  the 
Council,  xxy., 
242.    House 
Journal,  p.  .'iO 
(June,  1764) ; 
p.  45. 


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

The  Committee  to  whom  was  referred  the  Examination  of  the 
Acco*^  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  General  of 
his  Majesty's  Revenues  within  the  Province  of  the  Massachusetts 
Bay  in  New  England  begining  the  May  1764  ending  May  29*  1765, 
having  attended  that  service,  upon  examining  the  same,  find  them 
right  cast  and  well  vouched,  by  which  it  appears  that  the  said  Ac- 
comptant  chargeth  himself  with  the  Sum  of  Seventy  two  thousand 
four  hundred  ninety  three  pounds  sixteen  shillings  and  five  pence 
being  so  much  due  for  outstanding  debts,  with  the  Sum  of  One 
hundred  &  one  thousand  nine  hundred  fifty  four  pounds,  seven 
shillings  and  seven  pence  balance  due  by  the  last  Account.  Also 
with  the  Sum  of  Fifty  one  thousand  eight  hundred  eighty  one 
pounds,  seventeen  shillings  and  three  pence  a  Tax  laid  upon  polls 
and  Estates  for  the  year  1764.  also  with  the  Sum  of  Fifty  four 
thousand  seven  hundred  sixty  five  pounds,  nine  shillings  received 
of  sundry  persons  for  Bills  of  Exchange  drawn  on  Jasper  Mauduit 
Esq'.  Also  with  the  Sum  of  One  hundred  thirty  one  thousand  and 
Sixty  three  pounds  borrowed  of  sundry  persons  by  virtue  of  sundry 
Acts  of  Government,  with  the  Sum  of  Twelve  hundred,  Sixteen 
pounds,  eighteen  shillings  and  four  pence  received  of  sundry  per- 
sons for  Lands.  With  the  Sum  of  Thirty  nine  pounds  twelve  shil- 
lings &  one  penny  received  of  Nath'  Sparhawk  Esq'  being  a  balance 
due  from  the  late  Sir  Will"  Pepperrell  With  the  Sum  of  Seventeen 
thousand  nine  hundred  twenty  pounds  eight  shillings  and  two  pence 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1765-6(5.  19 

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

The  Committee  further  find  that  the  said  Accomptant  discharges 
himself  by  sundry  payments  and  disbursments,  by  Order  of  the  Gov- 
ernor by  and  with  the  advice  of  the  Council  amounting  to  Twenty 
thousand  nine  hundred  and  fifty  pounds  twelve  shillings  and  five 
pence.  Also  by  Government  Securities  which  he  has  redeemed  amount- 
ing to  One  hundred  ninety  two  thousand  four  hundred  fifty  four 
jjounds  thirteen  shillings  &  six  pence  which  were  burnt  by  a  Com- 
mittee of  both  Houses.  By  one  years  Interest  paid  on  Government 
Securities  amounting  to  Eleven  thousand  nine  hundred  twelve 
pounds,  one  shilling  and  four  pence.  Also  by  outstanding  Taxes 
due  from  the  several  Towns  amounting  to  Seventy  nine  thousand, 
five  hundred  forty  nine  pounds  nine  shillings  and  two  pence.  Also 
by  a  remittance  of  a  Tax  laid  upon  Narraganset  N°  1  for  the  year 
1763  by  Order  of  Court  amounting  to  forty  four  pounds,  seven  shil- 
lings and  six  pence,  and  by  balance  in  hand  further  to  account  for 
One  hundred,  thirty  one  tJiousand,  nine  hundred  forty  eight  pounds, 
one  shilling.  All  which  Sums  amount  to  Four  hundred  thirty  six 
thousand,  eight  hundred  Sixty  one  pounds,  four  shillings  &  eleven 
pence. 

Whereupon  the  following  Order  passed  viz' 

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

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


CHAPTEE    28. 

ORDER    ALLOWING    THE    PROVISION    ACCOUNT    OF    THE    COMMISSARY 
GENERAL. 

The  Committee  appointed  to  examine  the  Accounts  of  Thomas  LeRiaiative 
Hubbard  Esq"'  Commissary  General,  having  made  Eeport  the  fol-  counc'if  xx'*!^ 
lowing  Order  passed  thereon  viz'  3o. 

Read  and  Legislative 

Ordered  that  the  above  Account  be  allowed;  and  there  is  due  councif, xxv".? 


20 


Province  Laws  (iJesofoes,  ete.). — 1765-66.     [Chaps.  29-31.] 


242.    House 
Journal,  p.  50 
(June,  1764) ; 
p.  55. 


from  the  Accomptant  to  the  Province  Forty  two  barrels  of  Beef, 
and  six  Barrels  and  one  quarter  of  peas,  which  the  said  Commis- 
sary is  further  to  Account  for.      \^Passed  June  14. 


CHAPTEK    29 


ORDER  ALLOWING  THE  INDIAN  TRADE   ACCOUNT   OF   THE    COMMISSARY 
GENERAL. 


Legislative 
Recoriia  of  the 
CouncU,  xxvi., 
31.    Mass. 
Archives,  exx., 
643. 

Mass. 

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


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

Bead  and 

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


CHAPTER    30 


ORDER    ALLOWING     THE     GENERAL    ACCOUNT    OF    THE    COMMISSARY 
GENERAL. 


Legislative 
Records  of  the 
Council,  xxvi., 


House  Jour- 
nal, p.  55. 
Supra,  chap. 


On  THE  SAID  Commissary  General's  Account  current. 

Eead  and 

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


CHAPTER    31 


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


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

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


A  Petition  of  Stephen  Kent  of  Ipswich,  Setting  forth  That 
he  Inlisted  into  his  Majesty's  Service  in  the  pay  of  the  Province 
in  1759  that  he  was  in  Cap'  Whipple's  Company  of  Col°  Bagley's 
Eegiment,  but  was  prevented  by  Sickness  jjroceeding  with  the  Com- 
pany to  Louisburgh  but  upon  his  recovery  he  went  thither  with 
Cap'  French  to  whom  he  paid  four  Dollars  for  his  passage.  And 
praying  an  allowance  of  that  expence  and  the  expence  of  his  billet- 
ting  till  he  went. 

Read  and 

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


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


CHAPTER    32. 

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

A  Petition  of  Israel  Putnam  of  Bedford  in  the  County  of  mid-  nlforlis'of  th 
dlesex  Executor  of  the  last  Will  and  Testament  of  Benjamin  Put-  council,  xxvi., 

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

deceased  ordered  by  his  Will  so  much  of  his  Real  Estate  to  be  Sold  !^°i';'pp;^5°4"55. 
as  should  be  necessary  to  pay  his  Just  debts,  after  that  his  personal  ProTince 
Estate  had  been  apjilied  to  that  purpose :  That  the  deceaseds  Real  chap!'io.''     ' 
Estate  was  Apprised  at  £320  that  the  Debts  amount  to  one  half  that 
Sum  or  more;  that  the  Buildings  on  the  said  Estate  are  old,  and 
that  the  maintaining  thereof   and   the   Fences  on   the   premisses 
together  with  the  labour  of  keeping  under  the  Brush,  will  require 
a  great  part  of  the  Rent;  that  the  deceased  left  only  one  Child 
which  is  not  yet  three  years  of  age,  whose  Interest  might  be  greatly 
Advanced  by  Selling  the  remainder  of  the  s""  Estate,  were  the  prod- 
uce of  it  put  out  to  Interest.  And  praying  that  he  may  be  impow- 
ered  to  Sell  the  said  Estate  accordingly. 

Read  and 

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


CHAPTER    33. 

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

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

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

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

Read  and 

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


22 


Province  Laws  (i2esofoes,e^c.).  — 1765-66.     [Chaps.  34-36.] 


Legislative 
Records  of  the 
Council,  xxvi., 
34. 

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


CHAPTER    34. 

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

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

Read  and 

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


CHAPTER    35. 


RESOLVE  ALLOWING   £20  TO   W"  BROWN. 


LeglslaUve 
Eecorcl8  of  the 
Council,  xxvl., 
35. 

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


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

[Read  and] 

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


CHAPTER    36. 

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


Legislative  A  PETITION  of  Ebenezer  Pomroy  and  Esther  Pomroy  Admin" 

Council,  xxvl.,  of  the  Estate  of  Cap'  Elisha  Pomroy  late  of  Northhampton  dec"* 
with  Hannah  Pomroy  Admin^  of  the  Estate  of  Cap'  John  Pomroy 
late  of  Northampton  dec"^  Setting  forth     That  the  Estate  of  the 


House  Jour- 
nal, p.  64. 


[1st  Sess.]     Province  'La.-ws  {Resolves,  etc.).  —  1765-66.  23 

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

Kead  and 

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


CHAPTER    37. 

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

A  Petition  of  Joseph  Coolidge  of  Watertown  Guardian  to  Ephr""  Legislative 
Warren  of  said  Town  a  person  Non  Compos     Setting  forth     That  g^S-"' 1l'i','= 
when  the  petitioner  was  appointed  Guardian  as  aforesaid  on  the  ^ 


SO""  of  March  last,  he  found  that  the  said  Ephraim  was  indebted  House  Jour, 
to  sundry  persons,  some  of  whom  had  Sued  him  and  obtained  Judg-  provi'n,« ' 
ment  against  him.  That  there  is  not  personal  Estate  sufficient  to  Jifap^'io!' ^^'' 
satisfy  said  Judgments;  and  praying  that  he  may  be  impowered  to 
make  Sale  of  a  piece  of  pasture  Land  in  Waltham  containing  about 
three  Acres,  bounded  on  the  South  on  Land  belonging  to  the  Heirs 
of  Josiah  Sterne  dec''  and  on  the  West  North  and  East  on  the  Land 
of  Jonas  White ;  the  proceeds  thereof  to  be  applied  for  the  payment  of 
the  debts  beforementioned. 

Read  and 

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


24 


Pkovince  Laws  {Resolves,  etc.) .  — 1765-66.     [Chaps.  38,  39.] 


CHAPTER    38, 


ORDER  IMPOWERING    ELIZ*  GLEASON,  ADM'^,  TO    SELL   REAL    ESTATE 
AND   MAKING  PROVISION  IN  REGARD  TO  THE   PROCEEDS. 

Legislative  A  PETITION  of  Eliz''  Gleason  Admiu^  of  the  Estate  of  her  late 

Councu.xxvif,  Son  Ezra  Gleason  of  Princetown  dec**  who  died  without  Wife  or 

^^ Child  Setting  forth     That  Phiuehas  Gleason  deceased  Father  of 

House  Jour,      ^j^g  gd  ^^^.^  \yy  j^jg  j^gt  Will  &  Testament  gave  to  the  said  Ezra  all 
Province'  his  Estate  vipon  condition  that  he  maintained  his  Mother  the  Peti- 

cifap^'io.'  ^^^'  tioner  during  her  natural  life,  and  paid  to  his  Brothers  &  Sisters  cer- 
tain Legacies  amounting  in  the  whole  to  £17.13.4  and  did  also 
bring  up  his  three  younger  Sisters  till  they  should  arrive  to  21  years 
of  age  for  the  performance  of  all  which  he  gave  Bond  to  the  Judge 
of  Probate  for  the  County  of  Worcester.  That  the  said  Ezra's  Estate 
was  appraised  at  £13.8.2  &  the  Real  Estate  given  him  by  his  Father 
to  £80  and  that  his  own  proper  Debts  amount  to  £25.5.2  besides  the 
obligations  above  mentioned,  which  he  lay  under.  And  praying  that 
she  may  be  impowered  to  make  Sale  of  the  s**  Real  Estate  in  order 
to  discharge  the  Debts  &  Obligations  above  mentioned. 
Read  and 

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


CHAPTER    39. 


Legislative 
Records  of  the 
Council,  xxvi., 
38. 

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


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

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

Read  and 

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


[IsT  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  25 

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


CHAPTER    40. 

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

A  Petition  of  Jacob  Haskell  &  Zebulon  Haskell  both  of  Glouces-  Legislative 
ter  Setting  forth     That  Samuel  Stone  of  said  Glocester  died  about  ^1"°^^^  °*^'^'|* 
four  years  since  Intestate,  leaving  two  daughters  Minors,  the  eldest  a». 
heing  now  about  eleven  years  of  age :  That  the  said  Jacob  admiuistred  House  Jour, 
on  the  Estate  of  the  deceased,  and  took  the  Guardianship  of  the  Pro^Vntl 
eldest  daughter,  and  the  said   Zebulon  the   Guardianship  of  the  Laws,  u., isi, 
younger.   That  the  deceased  died  Seized  of  about  %  part  of  an  "'"''' 
Acre  of  Land  whereon  is  a  Cellar  and  the  frame  of  a  small  House 
over  it,  and  of  about  five  Acres  of  Land  about  two  Miles  distant 
in  the  Woods.  That  the  said  Frame  will  soon  be  rotten,  the  peti- 
tioners having  nothing  in  hand  wherewith  to  finish  it,  and  the  five 
acres  of  Land  brings  in  nothing,  whereby  to  enable  them  to  do  it. 
And  praying  that  they  may  be  impowered  to  make  Sale  of  the  said 
frame  and  Land;  the  produce  thereof  to  be  improved  for  the  benefit 
of  the  said  Minors. 

Eead  and 

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


CHAPTEE    41. 

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

In  THE  House  of  Representatives.  Whereas  the  General  Court  Legislative 
at  their  Session  in  June  1764  ordered  that  the  Sum  of  Twenty  five  cSfmc'if,  xU"!*, 

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

Tax  of  the  Town  of  Deerfield  for  the  year  1765,  being  so  much  House  Jour, 
paid  out  of  the  Province  Treasury  to  John  Worthington  and  Joseph  Province' 
Hawley  Esq"  and  MaJ''  Benjamin  Day  a  Committee  of  this  Court  notlf'xvil.fws, 
to  Settle  the  Line  between  Deerfield  &  Hunts  Town  &c  <^^^v-  8s. 

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


26 


Province  Laws  (Besolves, etc.).  —  1765-(jt3.     [Chaps.  -12,  43.] 


Ordered  that  the  said  Sum  of  £25.17.1  be  added  to  the  Tax  of 
Deerfield  for  the  year  1766. 

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


CHAPTEK    42, 


Legislative 
Records  of  the 
Council,  xxvi., 


House  .Jour- 
nal, p.  45. 


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

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

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

In  Council  Read  and  Concurred.     [Passed  J^uie  18. 


CHAPTEE    43, 


Legislative 
Records  of  the 
Council,  xxvi., 
41.    Mass. 
Archives, 
xxii.,44o. 

Mass. 
Archives, 
xxii.,  373,  WA. 
House  Jour, 
n.-il,  p.  39. 
SuprOy chap. 


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

In  the  House  of  Representatives 

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

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

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

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

Therefore 

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

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

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


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  27 

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

In  Council  Read  &  Concurred.     \^Passed  June  18. 


CHAPTER    44. 

VOTE   CONFIRMING  A  PLAN  OF  THE   TOWN  OF  HUNTSTOWN. 

A  Plan  of  the  Township  of  Huntstown  taken  by  Eleazer  Nash  Legislative 
Surveyor  &  Chain  men  on  Oath  bounded  as  follows  viz'  begining  councif,  xxvl, 
at  a  Maple  Staddle  &  heap  of  Stones  marked  thus  B  which  stands 


in  Deerfield  West  line  420  perch  from  their  South  west  corner  ou  ^°^^^  i^^^' 
the  course  North  19°  East  and  from  the  aforesaid  Maple  runs  North  Province' 
19°  East  a,  180  perch  to  a  Hemlock  tree  marked  B  &  a  heap  of  Mj^j-xvi'i-^fo^ 
Stones,  thence  West  17  North  650  perch,  thence  West  3°  South  1,615  "hap",  ns.  ' 
perch  to  Hatfield  Grant,  the  same  being  Mayhews  Northeast  corner, 
thence  South  1,050  perch,  thence  East  23°  South  1,714  perch  & 
closed  to  the  first  boundary  contains  23,040  Acres  Surveyed  August 
1.  1764,  one  Rod  in  thirty  allowed  for  Sag  of  Chain. 

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


CHAPTER    45. 

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

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

[Read  and] 

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


28 


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


CHAPTBK    46, 


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


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

Legislative 
Becords  of  the 
Council,  xxvi., 
23.    House 
Journal,  pp.  15, 
bf>,  56,  74. 
Province 
Laws,  1.,  64, 
chap.  28. 


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

The  Committee  appointed  on  the  petition  of  sundry  Inhabitants 
of  Bellingham  having  made  Report,  the  following  Order  passed 
viz'. 

Read  &  Accepted :  and  thereupon 

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


CHAPTEE    47. 

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


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


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


A  Petition  of  Noah  Nash  of  Hatfield  in  behalf  of  himself  and 
Associates  who  in  the  year  1763  purchased  of  the  Government  a 
Township  called  N°  4  Setting  forth  That  they  have  laid  out  near 
one  half  the  Township  in  Lots,  cut  a  Road  through  it,  made  Bridges 
and  done  considerable  Labour  on  said  Lots ;  but  that  they  are  not 
able  to  make  Grants  of  any  part  of  said  Lands  to  forward  the  Settle- 
ment or  to  enforce  the  payment  of  Taxes  that  have  been  agreed 
on :  That  the  great  opening  of  Townships  in  the  Governments  of 
New  York  and  New  Hampshire,  and  the  extreme  Scarcity  of  Money 
in  the  Country  makes  it  more  difficult  for  them  to  comply  with  the 


[1st  Sess.]     Province  Laws  (iJesoZves,  ete.).  — 1765-66.  29 

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

Read  and 

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


CHAPTEE    48. 

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

A  Petition  of  John  Fowler  of  Suffield  Admin'  of  the  Estate  of  Legislative 
John  Fowler  late  of  Suffield  Yeoman  deceased  Setting  forth  That  coundf,  xxvu, 
the  deceased  had  obliged  himself  by  his  Bond  dated  4  Feb''  1749 


to  one  David  Smith  of  Suffield  in  the  penal  Sum  of  £150  condi-  ^^T^"?"'"'' 
tioned  that  within  15  years  from  the  date  thereof  he  would  convey  Province' 
to  the  said  David  &  his  Heirs  the  South  half  of  the  home  lot  on  chapfio.' ^^^' 
which  the  deceased  then  dwelt  containing  eighteen  Acres,  together 
with  the  East  half  of  his  then  Dwelling  house  &  one  half  of  about 
twenty  Acres  of  Land  lying  on  the  West  side  of  the  Country  road 
and  a  little  AVestward  from  the  said  home  lot;  or  that  he  would 
within  the  forementioned  time  pay  to  the  said  David  the  full  value 
thereof  with  lawful  Interest.  That  the  said  Bond  is  now  in  force, 
and  no  personal  Estate  of  the  deceased  has  been  nor  now  is  in  the 
hands  of  the  petitioner  sufficient  to  Answer  said  Obligation.  And 
praying  that  he  may  be  impowered  to  make  Sale  of  the  said  moiety 
of  the  messuage  and  Tracts  of  Land  aforementioned  in  order  to 
satisfy  the  said  Bond. 

[Read  and] 

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

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


30 


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


CHAPTEE    49, 


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


House  Jour, 
nal,  p.  73. 


RifOTds'of  the  ^  PETITION  of  Nathaniel  Goodwin  of  Plymouth  Setting  forth 
Council,  xxvi.,  That  at  the  Inferior  Court  of  Common  pleas  holden  at  plymouth 
in  April  1704  he  entered  into  a  Eule  of  Court,  and  left  the  deter- 
mination of  three  Causes  and  all  demands  then  subsisting  between 
him  &  M'  Thomas  Craudon  of  said  plymouth  to  James  Russell  Esq' 
M'  Thomas  Gray  &  M'  Jon'*  Williams,  who  appointed  the  hearing  to 
be  at  Boston  on  y^  2''  day  of  April  last ;  at  which  time  the  petitioner 
was  on  a  bed  of  Sickness  &  his  disorder  lying  chiefly  in  his  head, 
he  was  then  incapable  of  communicating  his  Ideas,  and  M""  Crandon 
alledging  that  he  was  bound  to  Sea  urged  the  referrees  to  come  to 
a  hearing:  That  at  the  adjournment  of  the  said  Court  on  the  20"" 
of  May  the  referrees  reported  that  the  petitioner  pay  to  the  said 
Thomas  Crandon  £372.3.3  and  that  the  Costs  be  paid  in  equal  parts 
between  them.  That  the  petitioner  was  still  incapable  of  attending, 
and  the  Superior  Court  being  at  that  time  also  Sitting,  his  Council 
was  so  engaged  there,  that  neither  could  he  attend  to  make  a  reply 
to  said  Report.  That  on  the  1^'  of  this  Instant  June  the  petitioner 
hath  received  from  Lisbon  an  Account  of  a  grand  fraud  in  the  matter 
in  controversy,  and  the  referrees  have  certified  that  it  would  have 
had  weight  had  it  come  to  their  knowledge  in  Season.  And  praying 
that  he  may  have  a  fair  trial  of  the  case  by  a  Jury,  or  that  all  the 
said  Causes  may  be  recommitted  to  the  said  Referrees,  or  to  other 
persons  who  may  be  named  for  the  purpose  and  that  Execution  may 
be  stayed  in  the  mean  time. 
Read  and 

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


CHAPTEE    50, 


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


Legislative 
Records  of  the 
Council,  x: 


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

Read  and 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  31 

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


CHAPTER    51. 

ORDER  ALLOWING   £4   TO   JABEZ   CARTER. 


A  Petition  of  Jabez  Carter  of  Woburn     Setting  forth     That  LegisiatiTe 
having  the  Command  of  a  Company  of  militia  in  obedience  to  an  Councu^xwu 
Act  of  this  province  to  furnish  one  half  of  the  Militia  with  Bayo-  Areiuvra' 
nets,  he  ordered  a  number  of  Arms  to  the  Smith's  in  order  to  be  ixxx.,  sad. 
fitted  therewith  but  that  it  so  happened  before  they  were  all  fin-  Mass. 
ished,  the  Smith's  Shop  was  consumed  by  fire,  and  three  of  the  ^x^x.Tmo. 
said  Guns  destroyed;  that  the  Men  are  not  well  able  to  bear  the  ^aT'^/se"- 
loss,  and  as  it  was  occasioned  in  manner  as  above  mentioned,  pray-  Province'"' 
ing  an  allowance.  cVaW'''' 

Read  and 

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


CHAPTEE    52. 

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

A  Petition  of  the  Selectmen  of  Gorham     praying  that  in  con-  Legislative 
sideration  of  their  losses  the  last  year  by  Fires  &c  it  will  be  very  Records  of  the 
difficult  for  tliem  to  pay  their  Province  Tax;  that  they  are  now  so.   Mass.'    '' 
about  Settling  a  Minister,  which  will  bring  a  considerable  charge  ^'^m^^i. 
upon  them.  And  praying  that  their  Province  Tax  for  1764  may  be  Mass. ' 

abated  them.  Archives, 

Tj       1  1  cxvlU.,  91. 

IteaCl  ana  House  Jour- 

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

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


32 


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


CHAPTEE    53, 


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


Legislative 
Records  of  the 
Council,  xxvi., 
50.    Mass. 
Archives, 
lxxx.,666. 

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


A  Petition  of  Benj^  Kimball  of  Ipswich  praying  an  allowance 
for  one  month  &  36  days  Wages  as  a  Lieutenant  in  the  pay  of  the 
province  in  1759  when  he  Served  at  Louisbourgh  in  Cap'  Davis's 
Company  under  Col°  Bagley,  representing  in  his  said  petition,  that 
he  hath  been  absent  at  Sea  the  greater  part  of  the  time  since  his 
discharge,  which  hath  prevented  his  applying  sooner. 

Eead  and 

Ordered  that  the  Sum  of  nine  pounds  Sixteen  Shillings  and  eight 
pence  be  paid  out  of  the  publick  Treasury  to  D'  Calef  for  the  use 
of  the  Pet"^  in  full.     [Passed  June  30. 


Legislative 
Records  of  the 
Council,  xxvi., 
51. 

HouBe  Jour- 
nal, p.  S3. 
Province 
Laws,  xvii., 

608,  chap 


:27. 


CHAPTEE    54. 

ORDER  ALLOWING   £20  TO  JOHN   COTTON,  DEPUTY  SECRETARY. 

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

Eead  and 

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


CHAPTEE    55, 


ORDER  ALLOWING   £9  TO   EBEN"  SHELDON. 


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

Mass. 
Archives, 
Ixxx.,  667. 
House  Jour- 
nal, pp.  74,  SO. 


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

Read  and 

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


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1765-66.  33 

CHAPTBE    56. 

RESOLVE  EXPLAINING  VOTES  IN  REGARD   TO  PARISHES   IN  FALMOUTH. 

Whereas  by  a  Eesolve  of  this  Court  made  and  passed  on  the  Legislative 
15*  of  February  last,  a  tract  of  Land  in  Falmouth  in  the  County  ^^™;1f_ "'^^j*^ 
of  Cumberland  was  erected  into  a  Parish  by  the  bounds  therein  fi2. 
mentioned,  with  liberty  for  all  those  persons  who  have  left  their  Legislative 
names  with  the  first  parish  in  Falmouth  agreable  to  a  Vote  of  the  co u ncif,  xVv .^ 
first  parish  March  '^S"*  1764  be  of  the  first  &  fourth  parishes  respec-  ^*-  Hpuse 

4.-      1  T         X  -J   -tr    i.  Journal, 

tively  according  to  said  Vote.  pp.  240, 241 

And  whereas  it  was  the  intention  of  the  i765)™pf76, 

Resolve  aforesaid  that  all  those  persons  who  should  give  in  their  76.   Province 
names  before  the  28"'  of  March  1765  to  the  Clerk  of  the  first  parish,  bu,  ci'iap.  243. 
should  be  of  the  first  &  fourth  parishes  respectively. 
Therefore  Be  it  further 

Resolved,  That  all  those  persons  who  gave  in  their  names  within 
the  time  limitted  by  the  Vote  aforesaid  of  the  said  First  parish  in 
Falmouth,  be  with  their  Estates  of  the  first  and  foiirth  parishes 
respectively,  any  thing  in  the  first  Eesolve  to  the  contrary  notwith- 
standing.    \^Passed  June  20. 


CHAPTER    57. 

ORDER  ALLOWING  LAW   BOOK   TO   GORHAM.  Legislative 

Kecortls  of  the 
Council,  xxvi., 

Ordered  that  the  Town  of  Gorham,  be  provided  with  the  province  52^ 

Laws  at  the  Public  charge.     \ Passed  June  20.  House  Jour- 

°  ■-  nal,  p.  81. 


CHAPTER    58.  S«s'^'l"\%v. 

Eecords  of  the 
Council,  xxvi., 

RESOLVE  ALLOWING  £1,000  TO  THE   COMMITTEE  ON  REBUILDING   HAR-  Aro,h?v\°s^' 
VARD   COLLEGE.  IvlU.,  Ul'. 

House  Jour- 

Resolved  That  the  Sum  of  one  Thousand  pounds  be  paid  out  of  pjOTlnce' 
the  Publick  Treasury  to  the  Committee  appointed  to  rebuild  Har-  Laws,  xvu., 
vard  Colledge  to  Enable  them  to  proceed  in  that  afEair,  they  to  be  574,  cllap.  uij 
accountable.     [Passed  June  20. 


CHAPTER    59. 

RESOLVE   ALLOWING   £4.50  TO  THE  COMMITTEE  FOR  CONFERENCE   WITH 
THE   OTHER  GOVERNMENTS. 

In  the  House  of  Eep"'''  Legisuative 

Whereas  the  House  at  their  present  Session  made  choice  of  Council,  xxvi., 
James  Otis  Oliver  Partridge  and  Timothy  Euggles  Esq"  their  Com-  ArcWTOs%i., 
mittee  to  meet  the  Committees  from  the  houses  of  Eepresentatives  ^96- 


34 


Province  Laws  (-BesoZves,  ete.).  — 1765-6().     [Chaps.  60,  61.  j 


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

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


CHAPTER    60, 


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


Legislative 
Records  of  the 
Council,  xxvi., 
53. 

House  .Jour- 
nal, p.  83. 
Province 
Laws,  li.,  151, 
cbap.  10;  xvii., 
287,  cbap.  14-2. 


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

Read  and 

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


CHAPTEE    61. 


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


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

Legislative 
Records  of  the 
Council,  xxvi., 
W,44.    House 
Journal,  pp.  24, 
39,  40,  72,  73,  86. 
Province 
Laws,  xvii., 
291,  chap.  152. 


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

'  Not  found  in  the  House  Journal. 


[1st  Sess.]     Province  Laavs  {Resolves,  etc.).  —  1765-66.  35 

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

The  Committee  appointed  the  19"'  Instant  on  the  petition  of 
Eachel  Thayer  having  made  Report,  the  following  Order  passed 
tliereon.  viz' 

Read  and  accepted:  And  thereupon 

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


CHAPTEE    62. 

ORDER  ALLOWING   £90  WITH  INTEREST   TO   CHA.   HARRISON. 

A  Memorial  of  Charles  Harrison  Esq''    Setting  forth     That  he  Legislative 
purchased  at  Philadelphia  ten  Notes  of  £9  each,  issued  by  the  Treas-  counc'if  xx^'f 
urer  of  this  Province  dated  SO""  May  1760,  and  endorsed  by  Royall  86-  Mass.' 
Tyler  Esq^  payable  with  Interest  on  or  before  the  20'"  June  1764    but  ^i^}''^^^'  '"■' 
tliat  upon  presenting  them  to  the  Treasurer  he  was  informed  that  'uiiss. 
by  an  Order  of  this  Government  tlie  Interest  liad  ceased  31^'  Ocf  .^^'='"^<'S'<''^' 
1763.  That  lie  then  living  at  Philadelphia  was  ignorant  of  the  said  .lounmi,  pp.  th, 
Order,  and  did  not  imagine  that  he  had  a  right  to  demand  payment  Laws'^iv^.'sTs 
till  after  the  30"'  of  June  1765.  And  praying  that  he  may  be  allowed  "hap. 6;  sb, 
Interest  accordingly 

Read  and 

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

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


CHAPTEE    63. 


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

A  Petition  of  William  Reed  Esq'  of  Lexington  in  behalf  of  the  Legislative 
said  Town  praying  the  Order  of  this  Court  with  regard  to  one  Ham-  councif  xx'^^ 
ilton  Hussey  a  stranger,  now  resident  there,  who  by  Reason  of  Lame-  s7. 
ness  is  unable  to  do  anything  towards  his  own  Support.  House  Jour 


36 


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


Atite,  p.  16, 
chap.  22. 


[Read  and] 

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


CHAPTEK    64. 

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


House  Jour- 
nal, pp.  S3,  SS. 
Province 
l,awB,  ii.,  151, 
chap.  10. 


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

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


CHAPTEK    65. 


Lesielative 
Records  of  the 
Council,  xxvi., 
59.    Maes. 
Archives, 
Ixxx.,  585. 

House  Jour- 
nal, pp.  68, 87. 
Province 
Laws,  xvii., 
KiS,  chap.  280; 
(34,  chap.  281. 


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

Resohnl 

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


One  Lieut'  @ £3 

One  Gunner  @ .  £3. 

Two  sergeants  each £2. 

Thirteen  privates  each         .......  £1. 


V  month 
•P  d" 
10.  t>m»' 
4    iJ  m" 


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

'  The  House  Journal,  p.  68,  reads,  "Each  £1.  10.  0  per  month." 


[1st  Sess.]     Province  Laws  [Resolves,  etc.).  — 1765-66.  37 


CHAPTEK    %Q. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF  THE   TREASURER  OF    SUFFOLK 
COUNTY. 

The  Account  of  Joshua  Henshaw  Esq'  Treasurer  for  the  County  Legislative 
of  Suffolk,  having  been  laid  before  the  Court  for  their  allowance  councif  xxvi!" 
the  following  Order  passed  thereon,  viz' 


Read  and  houbb  Jour- 

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


CHAPTER    67. 

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

The  Account  of  James  Russell  Esq'  Treasurer  for  the  County  Legislative 
of  Middlesex,  being  laid  before  the  Court  for  their  Allowance,  the  couucif  xxiv* 
following  Order  jjassed  thereon  viz'  5^. 

Read  and  House  .Jour- 

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


CHAPTER    68. 

RESOLVE   DIRECTING   THE    PROVINCE    TREASURER   NOT   TO    PROSECUTE 
CERTAIN   BONDS. 

Resolved,  That  the  Treasurer  be  directed  not  to  prosecute  any  Legislative 
persons  who  have  given  Bonds  to  him  for  payment  for  any  Lands  councif  xxvi^ 
purchased  of  the  Government  West  of  Connecticut  River  within  fis- 
the  term  of  two  years  from  this  time  unless  the  General   Court  House  Jour- 
should  otherwise  order;  or  unless  some  one  or  more  of  the  Obligees  PTOvmce' 
in  any  Bond  shall  desire  the  same  may  be  put  in  suit  sooner.     [Passed  Ji?'*^^^  ^"Iv- 
June  22.  ^  us,  chap.  34,. 

*  Tnserted  from  the  House  Journal,  p.  91. 

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


38 


Province  Laws  [Besolves,  etc.).  — 1765-66.     [Chaps,  69-71.] 


Legislative 
Records  of  the 
Council,  xxvl., 
60.    Mass. 
Archives, 
Ixxx.,  6S6. 

Legislative 
Records  of  the 
Council,  xxvi.. 


14,  87,  88,  89. 
Ante,  p.  7, 
chap.  1. 


CHAPTER    69, 


RESOLVE  DIRECTING   REPAIRS  TO  BE   MADE   TO   SHIRLEY  BATTERY. 

Eesolvd 

That  it  is  necessary  that  the  Eepair  of  Shirley-Battery,  mention'd 
in  his  Excell''  Message  should  be  made,  and  that  the  same  be  done 
with  Stone,  and  the  Comittee  for  y"*  Eepairs  of  y^  Castle  are  directed 
to  gett  s^  Eepairs  made  with  stone  in  the  best,  &  Cheapest  Manner 
thay  Can.     [Passed  June  22. 


CHAPTER    70, 


Legislative 
Records  of  the 
Council,  xxvl., 

60.  Mass. 
Archives, 
cxviii.,  131,  137. 

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


RESOLVE   IMPOWERING   THE   TOWN   OF  PLYMOUTH   TO   RAISE   £200. 

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

James  Otis  ^  order 

[Eead  and] 

Resolved  that  the  Town  of  Plimouth  Eaise  the  Sum  of  two  hun- 
dred pounds  which  Sum  together  with  the  two  bund''  pounds  granted 
by  this  Court  in  June  last  and  now  in  the  hands  of  Thomas  Foster 
Esq'  be  imnrediately  apply**  to  the  Eepairing  the  Harbour  of  Plim- 
outh agreable  to  Such  Directious  as  Trustees  appointed  by  the  Said 
Town  Shall  think  proper  and  in  Case  the  Town  Eefuse  to  Eaise 
the  Said  Sum  then  that  Thomas  Foster  Esq'  pay  into  the  province 
Treasury  the  Aforesaid  Sum  of  two  hundred  pounds  on  or  before 
the  Second  Monday  of  the  next  Session  of  this  Court  and  in  Case 
the  Said  Sums  of  four  hundred  pound  Should  be  more  than  suffi- 
cient for  the  Aforesaid  purpose  then  the  Town  and  province  money 
be  payd  in  Equall  proportion  and  the  Surplussage  of  the  two  hun- 
dred pounds  be  Eeturnd  into  the  province  Treasury  and  that 
the  Sd  Trustees  keep  a  fair  Acco'  of  all  Expences  &  make  Eeturu 
to  this  Court  as  soon  as  the  work  is  compleat  or  when  the  Court 
order  such  Account  to  be  Eendred.      [Passed  June  23. 


CHAPTER    71 


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

Legislative  ^  PETITION  of  Aaron  Willard  of  Lancaster  in  behalf  of  himself 

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


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1765-()<i.  39 

huudred  thirty  seven  Acres  of  the  Land  supposed  to  have  been  House  Jour. 
Granted  them  is  cut  off  from  said   Township   &   taken  into  the  "j?.'' l^?ivmcl' 
Township  N°  9  owing  to  a  mistake  of  the  Northeast  corner  of  the  J^™'^,! '^^'l;; 
Township  N°  four  and  arising  from  an  addition  made  to  the  Orig-    "'  "^  ^^■' 
inal  Survey  &  plan  of  said  N°  4:  by  means  whereof  the  said  pur- 
chasers are  in  want   of   such   part  of   their  Lands,    and   thereby 
reduced  to  additional  disadvantages  in  regard  to  their  purchase. 
And  praying  that  they  may  have  such  remittance  out  of  the  orig- 
inal price  of  s'*  Township  or  have  such  additional  Grants  as  may 
be  thought  a  reasonable   compensation  for  such    deficiency,   and 
otherwise  relieved  under  the  disadvantage  and  difficulty  aforesaid. 

Eead  &  Considered,  And  thereupon 

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


CHAPTER    72. 

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

A  Petition  of  John  Hale  and  Asa  Perley  a  Committee  of  the  Legislative 
Town   of  Boxford     Setting  forth     That  upon  a  petition  to  the  g«™';'?f_°*^'^1«_ 
Court  of  Sessions  held  for  the  County  of  Essex  in  July  1760  for  ei.   Mass. 
the  laying  out  of  a  private  way,  a  Committee  was  appointed  for  cxxi.^^*'. 
that  purpose,  who  accordingly  laid  out  the  same,  and  the  Sum  of  mass. 
£154.2/  was  assessed  on  the  Town  of  Boxford  in  part  of  the  dam-  fl'^'^''^ 
ages  thereby  sustained  by  certain  Individuals.  That  upon  a  care-  House  Joiir- 
ful  Search  of  the  Records  they  have  within  days  past  found  that  pro^'ince 
in  the  year  1686,  a  way  was  laid  out  in  or  near  the  same  place,  .^"T,?.' '^^'j.? 
which  was  formerly  improved  as  such,  and  ought  to  have  been  con-     • '  '  P' 
tinned.  That  six  of  the  persons  who  were  by  the  Committee  afore- 
said allowed  damages  have  brought  their  Actions  against  the  said 
Town  of  Boxford,  one  of  which  brought  by  Jacob  Gould  as  Heir 
to  John  Gould  is  now  pending  in  the  Superior  Court  and  the  other 
five  under  continuance  to  July  next.  And  praying  that  the  next 
Court  of  General  Sessions  of  the  peace  for  the  County  of  Essex 
may  be  impowered  to  cause  a  revisal   of  said  assessment  on  the 
Town  of  Boxford,  and  that  all  proceedings  on  the  said  actions  may 
be  stayed  in  the  mean  time. 

[Read  and] 

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


40 


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


CHAPTER    73, 


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


Legislative 
Records  of  the 
Council,  xxvl., 

10,  62. 

Legislative 
Records  of  the 
Council,  xxTi., 
.^1.    House 
Journal,  pp.  21, 
bl,  93. 


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

Read  and  accepted:  And 

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


CHAPTER    74. 


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


Legislative 
Records  of  the 
Council,  xsvi., 

62. 

House  Joiir- 
nal,  p.  7S. 


A  Petition  of  Andrew  Hall  of  Boston  Merchant  Setting 
forth  That  he  made  a  purchase  of  the  Province  Ship  King 
George  for  £1,760  of  which  Sum  £700  is  paid,  and  he  has  given 
sufficient  security  for  the  remainder,  to  the  Province  Treasurer. 
That  he  hath  met  with  some  disappointments  in  his  business,  which 
renders  it  difficult  for  him  to  discharge  his  said  Obligation  at  pres- 
ent, and  as  the  Treasurer  has  received  Orders  to  put  in  Suit  all 
delinquent  Bonds,  Praying  that  he  may  be  indulged  with  three 
Months  further  time  for  the  payment  of  the  balance  aforesaid. 

Read  and 

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


[1st  Sess.]     Province  "Laws  (Iiesolves,eic.).  —  1765-66.  41 


CHAPTER    75. 

ORDER  ALLOWING   £72  TO   JOSEPH   LEE. 

A  Petition  of  Joseph  Lee  Esq'     Setting  forth  That  in  the  year  Legislative 
1754  He  purchased  of  the  Government  a  Tract  of  Land  containing  JoSnc'if,  xL v"!* 
upward  of  5,000  Acres  lying  at  a  place  called  Miller's  plain,  and  «3.  Mass. 
gave  Bond  for  the  purchase  consideration.   That  when  he  sent  to  xivi.,  sis! 
take  possesion,  he  found  a  number  of  persons  who  had  Settled  on  uaes. 
the  same,  and  who  would  neither  purchase  nor  attorn  Tenants;  but  xwi'"'™!' 
by  the  interposition  of  this  Court  they  did  finally  deliver  up  pos-  kouseJour. 
session,  tho'  not  until  the  year  1758.   And  praying  that  the  Prov-  i(M,'io6'.''Vrov- 
iuce  Treasurer  may  be  directed   to  allow  and  repay  to   him  the  Ji°4%^|p^Ji\^'' 
Interest  arising  on  his  Bond  from  the  time  of  the  purchase  being 
made  until  the  delivering  the  purchased  premises  to  the  Memorialist. 

Read  and 

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


CHAPTER    76. 

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

A  Petition  of  Sundry  Lihabitants  of  the  Westerly  part  of  Towns-  Legislative 
hend  and  the  Northerly  part  of  Fitchburgh  and  the  Northeasterly  counci?  xxv!" 
part  of  Dorchester  Canada,  praying  to  be  incorj)orated  into  a  Town  378;  xxvi.,  m. 

or  District.  Legislative 

The  FOLLOWING  Order  passed  in  consequence  of  the  Report  of  counolr,  xx v'.? 
a  Committee  of  both  Houses  appointed  to  take  under  consideration  h*Ji  ^ V''',.^''' 
a  petition  of  sundry  Inhabitants  of  Townsend,  Fitchburg  &  Dor-  nai.pp.ioe.inu, 
Chester  Canada,  and  the  several  Answers  made  thereto  viz'  p^i.srfM.' 

Read  and  Accepted:  And  in  as  much  as  it  appears  probable  that  £a'ws°iv  ;i4c 
the  petitioners  may  in  a  short  time  hence  be  erected  into  a  District  note.' 
altho'  at  present  it  might  be  inconvenient  to  seperate  them  from 
the  Towns  to  which  they  belong. 

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


42 


Province  Laws  {Resolves,  etc.).  — 1765-66.     [Chaps.  77-79.] 


CHAPTER    77, 


RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  GUARDIANS  OF  PLYMOUTH 
COUNTY   INDIANS. 


Legislative 
Becords  of  the 
Council,  xxvi., 
64^ 

House  Jour- 
nal, p.  95. 
Province 
Laws,  xvl.,  241, 
chap.  76,  note. 


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

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

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


CHAPTER    78, 


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


Legislative 
Records  of  the 
Council,  xxvi., 
65^ 

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


An  Account  of  Robert  Stone  Innholder,  of  the  Expence  of  the 
Committee  appointed  to  farm  out  the  duties  of  Excise  on  Tea, 
Coffee  &  China  Ware  for  the  County  of  Suffolk  in  1763,  having 
been  laid  before  the  Court  with  the  Committee's  Certificate  there- 
upon, the  following  Order  passed  for  the  payment  of  the  said  Ac- 
count viz' 

Read  and  Accepted:  And 

Ordered  that  the  Sum  of  Two  pounds,  one  shilling,  be  paid  out 
of  the  public  Treasury  to  the  Committee  for  their  Service  in  that 
affair.     \^Passed  J%uie  25. 


CHAPTER    79, 


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

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


RESOLVE   ALLOWING  THE  ACCOUNT  OF  THE  GUARDIANS  OF  PUNKAPOG 
INDNs 

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

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


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


CHAPTER    80. 

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

The  Committe  appointed  &  Directed  by  the  Hon''''^  House  of  p^f'^lf^^j',, 
representatives  to  Set  in  y"  Recess  of  the  Court  to  Consider  a  reward  council,  xxvi., 
for  the  Soldiers.  Since  the  First  reduction  of  Louisbourgh  Pray  an  ArchY'fea*,' 
allowance  for  that  Service  ^'^x.,  sst. 

Resolved  that  their  be  paid  to  the  s**  Committe  The  Sum'  follow-  House  Jour- 
mg  out  01  the  Treasury  viz'  (February, 

1765) ;  p.  106. 

To  John  Winslow  Esq'  12  Days  &  70  Mile  at  6/ 4.  13.  0 

To  Jon»  Bagley  Esq'       12.  D<>        80 4.  16 

To  Doct'  Calf  12.  D"        60 4.  10 

To  Tho*  Gilbert  Esq'        6.  100 3.     6 


\_Passed  June  25. 


£17.  5.  0 


CHAPTER    81. 

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

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

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


CHAPTER    82.  ^lSro7ti,e 

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


Mass. 

The  Committee  of  the  two  Houses  appointed  to  consider  of  the  ^s^Ms-'^xivi' 
petitions  of  sundry  persons,  who  by  runing  the  Line  between  this  009-515.' 'Legis- 
Government  &  New  Hampshire,  have  lost  their  Lands,  have  attended  o'f^th'e  Cmmcit 
that  service,  made  Report:  Whereupon  the  following  Order  passed  xxvi' *li  22 '32 

viz'  House  Jour- 

Read  and  Accepted  And  "Marc'h^T-e.^) ; 

Ordered  that  the  Several  Grants  therein   mentioned  be   passed  p-|^-    ^°-''> 

upon  Seperatelv.      \ Passed  June  25.  204.  'infrai 

"  chaps.  83-94. 


44 


Pkovixce  Laws  {Resolves,  etc.).  —  17G5-(3(3.     [Chaps.  83-85.] 


CHAPTEK    83. 


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


Legislative 
Records  ot  tiie 
Council,  xvi., 
67.    Mass. 
Archives, 
xlvl.,  822. 

Legislative 
Records  ol  the 
CouDcil.xxv., 
430.    House 
Journal, 
pp.  303,  304 
(March,  1765) ; 
p.  97.    Prov- 
ince Laws,  xi., 
655,  chap.  13. 


On  the  Petition  of  William  Tailer  Esq:  only  son  of  the  late 
hon.  William  Tailer  Esq:  deceased,  on  behalf  of  himself  and  the 
rest  of  the  heirs  of  the  said  deeed,  shewing  that  the  Gi-eat  &  Gen- 
eral Court  of  this  Province  at  their  session  in  May  1732  granted 
one  thousand  acres  of  the  una2:)i3ropriated  lands  of  the  Province  to 
the  then  Widow,  who  is  since  deceased,  and  to  the  Children  of  the 
said  deceased  William  Tailer  as  a  testimony  of  his  good  service  done 
his  Country;  which  land  fell  within  the  Province  of  New  Hamp- 
shire on  running  the  line  between  this  Province  &  New  Hampshire 
Government. 

[Read  and] 

ResoIv\l 

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


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

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


CHAPTEE    84. 

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

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

[Read  and] 

Resolv\l 

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


CHAPTER    85 


RESOLVE    GRANriNG    7,350    ACRES    OF    EQUIVALENT    LAND    TO    OLIVER 
PARTRLDGE   AND   OTHERS   OF   BERNARDSTON. 


Legislative 
Records  of  the 
Council,  xxvi., 
68.    Mass. 
Archives, 
xlvi.,  ,t24. 


On  THE  Petition  of  Oliver  Partridge  Esquire  &  others,  proprie- 
tors of  a  town  called  Bernardston  shewing  that  on  running  the  line 
between  this  Province  &  New  Hampshire,  they  lost  seven  thousand 
three  hundred  &  fifty  acres  of  land. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1765-66.  45 

[Read  and]  Sf.?^'!^"" 

MeSOlv'd,  Province 

That  in  lieu  thereof  there  be  granted  to  tlie  proprietors  of  Ber-  chap!'iiiVi97l 
nardston  who  have  lost  their  lauds,   their  heirs  &  assigns  Seven  "'"'i'-  ^''"'  °°'^- 
thousand  three  hundred  &  fifty  acres  of  the  unappropriated  lands 
belonging  to  this  Province,  to  be  laid  out  adjoining  to  some  former 
Grant :  &  that  they  return  a  plan  thereof  into  the  Secry's  ofSce  in 
twelve  months  from  this  day.      [Passed  June  25. 


CHAPTEK    86. 

RESOLVE    GRANTING    400    ACRES    OF    EQUIVALENT    LAND    TO    PELEG 
WISWELL. 

On  the  Petitiox  of  Peleg  Wiswell,  shewing  that  there  was  Legislative 
granted  to  the  heirs  &  representatives  of  his  father  Ichabod  Wis-  councif,  xxvi? 
well,  agent  for  the  late  Colony  of  Plimouth,  for  his  services,  three  es.   Mass. 
hundred  acres  of  land ;  and  that  the  said  Peleg  had  purchased  all  xivi.,  .Ma.' 
the  shares  of  the  other  Children  of  th6  said  Ichabod  his  father;  Legislative 
That  the  whole  of  his  lands  granted  fell  within  the  Governni'  of  §^^°^^Jf  f^'^® 
New  Hampshire  upon  running  the  line  between  this  Province  &  43i.  House 
New  Hampshire;  ■  'r^'^V'^Sce'' 

[Peada^id]  l^l^^'^i^rr^ 

Resolv  rt,  chap.  2U. 

That  there  be  granted  to  the  said  Peleg  Wiswell  his  heirs  & 
assigns  four  hundred  acres  of  the  unappropriated  lands  belonging 
to  this  Province  in  lieu  thereof;  to  be  laid  out  adjoining  to  some 
former  Grant  and  tliat  he  return  a  plan  thereof  into  the  Secretary's 
Office  in  twelve jnonths  from  this  day.     [Passed  June  '25. 


CHAPTEE    87. 

RESOLVE    GRANTING   1,500  ACRES   OF   EQUIVALENT  LAND   TO  HEIRS   OF 
THOMAS   CORBET. 

Resolved  that  there  be  granted  to  the  Heirs  &  Assigns  of  the  Rev"^  R''°'°'d*'™th 
M'  Thomas  Corbet  fifteen  hundred  Acres  of  the  unappropriated  council,  xxvi., 

Lands  of  this  Province  in  lieu  of  Five  hundred  &  twenty  Acres,  !!: 

upon  which  he  had  made  great  improvements,  and  were  lost,  in  ^l^^h 
Methuen  on  runing  the  Line  between  this  Province  and  New  Hamp-  397-31)11.  iiouse 
shire,  to  be  laid  out  adjoining  to  some  former  Grant;  and  that  they  •'<*"'''"»'> p-**^- 
return  a  plan  thereof  into  the  Secretary's  office  in  twelve  Months 
from  this  day.     [Passed  June  25. 


46 


Province  Laws  {Besolves,  etc.).  — 1765-6(5.     [Chaps.  88-90.] 


CHAPTER    8! 


LegiBlatlve 
Kecords  of  the 
Council,  xxvl., 

68.  Mass. 
Archives, 
xlvi.,  528. 


RESOLVE  GRANTING  1,080  ACRES  OF  EQUIVALENT  LAND  TO  STORY  DAWS 
AND   PETER   ROBERTS. 

Resolv^l, 

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


CHAPTER    89, 


Legislative 
Records  of  th€ 
Council,  xxvi. 
t)S.    Mass. 
Archives, 
xlvi.,  521. 

House  Jour- 
nal, \i.  98. 


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

Resolv\l 

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

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


CHAPTER    00, 


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


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

House  Jour- 
nal, p.  145 
(January, 
1765);  11.98. 
Province 
Laws,  xi.,  795, 
chap.  219;  xii., 
61,  chap.  122. 


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

[Read  and] 

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


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-6(5.  47 


CHAPTEK    91. 

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

On  THE  Petition  of  Samuel  Gerrish  Esq''  on  behalf  of  the  Pro-  Legislative 
prietors  of  a  Township  of  the  Contents  of  six  miles  Square,  granted  counci?  xxvi^ 
to  the  officers  and  Soldiers  of  the  Companies  under  the  Command  ea.  Mass. 
of  Cap' John  March,  Cap'  Stephen  Greenleaf  and  Cap'  Philip  Nelson  cx^viiiriso. 
commonly  known  by  the  name  of  Baker's  Town,  who  were  in  the  Legislative 
Expedition  against  Canada  in  1690;  that  the  whole  of  said  Town-  counc'n  xx"''^ 
ship  fell  witliin  the  Limits  of  New-HamiDshire  on  the  runing  the  429.  House  ' 
Line  between  this  Province  and  New-Hampshire;  for  which   the  f March',' iTCirf 
Grantees  have  received  no  Consideration,  either  from  this  Province,  w-v»,  101. 
or  the  said  Government  of  New-Hampshire.  Laws,  xu.,  348, 

m       ^  n  cliap.  203;  457, 

[Kead  andj  chap.  233;  512, 

Resolved,  That  in  Lieu  thereof,  there  be  granted  to  the  Petitioner,  JiJj^P;  W^  ^^' 
and  the  legal  Eepresentatives  or  assigns  of  the  Original  Grantees, 
a  Township  of  the  Contents  of  seven  and  an  half  Miles  Square  in 
the  unappropriated  Lands  belonging  to  this  Province 

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

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


CHAPTEE    92. 

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

On  the  Petition  of  Benjamin  Mulliken  Esq',  Mess"  Thomas  Legislative 
Perley  and  Moody  Bridges  Agents  for  the  Proprietors  of  a  Tract  councn'  xxv!" 
of  Land  of  six  Miles  Square,  granted  to  John  Tyler,  Joseph  Pike  es.   Maes. 
and  Others,  Officers  and  Soldiers  in  the  Canada  Expedition  in  1690,  cx^viii.™in. 
known  by  the  name  of  Rowley  Canada;  that  the  whole  of  said  Tract  Legislative 
fell  within  the  Government  of  New-Hampshire,  when  said  Line  ^''°'''?.^  ^^ *''<' 
was  ascertained,  saving  about  two  Thousand  seven  Hundred  acres,  429.  House 
which  remained  to  this  Province,  and  has  been  since  sold  by  this  (MarohSTel™ 
Government,  and  is  now  Part  of  that  Land  called  Royallshire.  P- 1"*-   p™T-. 

__       -  '  ■'  inceLaws,  xii., 

[Read  and  J  348,  chap.  203; 

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

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


48 


Province  lixws  (Resolves, etc.). — 1765-66.     [Chaps.  93,94.] 


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


CHAPTEK    93. 

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


Legislative 
Kecorils  of  the 
CouQcU,  xxvi., 
71.    Mass. 
Archives, 
cxviii.,  I.r2. 

Legislative 
Records  of  the 
Council,  XXV., 
4-28.    House 
Journal, 
pp.  301,  309 
(March,  1765) ; 
p.  101.    Prov- 
ince Laws, 
xii.,  145,  chap. 
45 ;  147,  chap. 
48;  289,  chap. 
66. 


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

[Read  and] 

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

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

Provided  also.  That  the  said  Township  be  laid  out  ou  such  a  Part 
of  the  unajipropriated  Lands  belonging  to  this  Province,  adjoin- 
ing to  some  former  Grants  to  the  Eastward  of  Saco  River;  and  that 
they  return  a  Plan  thereof  into  the  Secretary's  Office  within  twelve 
Months  from  this  Day  for  Confirmation.      [Passed  June  ~5. 


CHAPTER    94. 

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


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

Mass. 
Archives, 
ccxliii.,  96. 


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

[Read  and] 

^  Inserted. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-60.  49 

Resolved  That  in  Lieu  thereof  there  be  granted  to  the  Petitioners,  Maps  and 
and  the  legal  Kepresentatives  or  Assigns  of  the  said  William  Eay-  xiv.la.'^iiouse 
mond  a  Township  of  the  Contents  of  Six  miles  and  three  quarters  '''"^^.?'i„, 
of  a  mile  Square,  in  the  unappropriated  Lands  belonging  to  this  Kbvin'ce 

P.Tnri'nf.o  Laws,  xli.,  144, 

riOVmce.  chap.  41;  238, 

Provided  that  the  Grantees  within  six  Years  settle  thirty  Families  "''^p-  ^53. 
in  said  Town  build  a  House  for  public  Worship  and  settle  a  learned 
Protestant  minister,  and  lay  out  one  sixty  fourth  part  of  said  Town 
for  the  use  of  the  first  settled  minister,  and  one  other  sixty  fourth 
part  for  the  ministry,  and  one  other  sixty  fourth  part  for  a  Gram- 
mar School,  &  one  sixty  fourth  part  for  the  use  of  Harvard  College. 

Provided  also  that  the  said  Township  be  laid  out  on  such  a  part 
of  the  unappropriated  Lands  belonging  to  this  Province  adjoining 
to  some  former  Grants  to  the  Eastward  of  Sacco  Kiver.  And  that 
they  return  a  plan  thereof  into  the  Secretary's  Office  within  twelve 
months  from  this  day  for  confirmation.     \^Passed  June  25. 


50 


Provence  'LAWs{Iiesolves,etc.).  — 1765-66.     [Chap.  95.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

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

CHAPTER    95. 


Legislative 
Records  of  tlie 
Council,  xxvl., 
79.    Mass. 
ArchlTes,  civ., 
367. 

Maes. 

Archives,  civ., 
3f)6.    Legisla- 
tive Records  of 
tue  Council, 
xxvi.,  45. 
House  Jour- 
nal, pp.  76, 127. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  BURNo  GOVERNM'r 
SECURITIES  AND  DISCHARGING  THE  PROVINCE  TREASURER  OF  THE 
SUM   OF   £93,164.  19.  8. 

The  CoMiiiTTEE  appointed  to  repair  to  the  Province  Treasurers 
and  take  au  account  of  the  Government  securities  in  his  hands  & 
see  them  burnt  and  consumed  to  Ashes,  have  attended  that  service 
and  have  received  of  M'  Treasurer  Gray  Government  securities  jJaya- 
ble  in  June  1758  of  tlie  old  form  Two  hundred  fifteen  pounds,  ten 
shillings  &  eleven  pence,  the  Interest  paid  thereon  Seventy  two 
pounds  one  shilling  &  eleven  pence  makes  Two  hundred  eighty 
seven  pounds,  twelve  shillings  &  ten  pence.  Also  Government  Secu- 
rities payable  in  October  1758  of  the  old  form  thirty  two  pounds, 
the  Interest  paid  thereon  Eight  pounds,  seventeen  shillings  and 
three  pence,  makes  Forty  pounds,  seventeen  shillings  &  three  pence. 
Also  Government  securities  payable  in  June  1760  of  the  old  form 
One  hundred  eighty  six  pounds  and  eight  pence  the  Interest  paid 
thereon  Twenty  seven  pounds,  eighteen  shillings  and  seven  pence, 
makes  Two  hundred  and  thirteen  pounds,  nineteen  shillings  and 
three  pence.  Also  Government  securities  jjayable  in  June  1761  old 
form  Eighty  eight  pounds,  the  Interest  paid  thereon  Eleven  pounds 
nineteen  shillings  &  seven  pence,  makes  ninety  nine  pounds,  nine- 
teen shillings  and  seven  pence.  Also  Government  Securities  payable 
in  June  1762  old  form  Five  hundred  ninety  five  pounds  five  shil- 
lings and  eleven  pence,  the  Interest  paid  thereon  Forty  five  pounds, 
fifteen  shillings  and  two  pence  makes  Six  hundred  Forty  one  pounds, 
one  shilling  and  one  penny.  Also  Government  Securities  payable  in 
June  1763  of  the  old  form  Three  hundred  forty  one  pounds,  the 
Interest  paid  thereon  Twenty  eight  pounds  fourteen  shillings  and 
ten  pence,  makes  Three  hundred  Sixty  eight  pounds  fourteen  shil- 
lings and  ten  pence.  Also  Government  Securities  payable  in  June 
1764  old  form  Nine  hundred  eighty  two  pounds,  twelve  shillings  and 
four  pence,  the  Interest  jJaid  thereon  One  hundred  forty  four  pounds 
four  shillings  and  four  pence,  makes  Eleven  hundred  twenty  six 
pounds  sixteen  shillings  and  eight  pence.  Also  Government  Secu- 
rities payable  in  June  1765  old  form  Five  thousand,  nine  hundred 
and  eighty  six  pounds,  six  shillings  and  two  pence,  and  the  Interest 
paid  thereon  Five  hundred  and  six  pounds  nine  shillings,  and  nine 
pence,  makes  Six  thousand  four  hundred  ninety  two  pounds  fifteen 
shillings  &  eleven  pence.  Also  Government  Securities  payable  in 
June  1763  new  form  Fifteen  hundred  and  forty  eight  pounds,  the 


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

Interest  paid  thereon  One  hundred  and  three  pounds  sixteen  shil- 
lings, makes  Sixteen  hundred  fifty  one  pounds,  sixteen  shillings. 
Also  Government  Securities  payable  in  June  1764  new  form,  Eleven 
thousand  One  hundred  and  seven  pounds  the  Interest  paid  thereon 
Seven  hundred  fifty  six  pounds,  ten  shillings  and  two  pence  makes 
Eleven  thousand,  eight  hundred  Sixty  three  pounds  ten  shillings 
and  two  pence.  Also  Government  securities  payable  in  June  1765 
new  form,  Sixty  six  thousand  six  hundred  ninety  three  pounds,  the 
Interest  paid  thereon  Three  thousand  six  hundred  eighty  four  pounds, 
sixteen  shillings  &  one  penny,  makes  Seventy  thousand  three  hun- 
dred seventy  seven  pounds,  sixteen  shillings  &  one  penny.  All  which 
Sums  amount  to  Ninety  three  thousand  one  hundred  Sixty  four 
pounds,  nineteen  shillings  and  eight  pence,  which  we  have  seen 
burnt  and  consumed  to  Ashes 

Signed  And""  Oliver  f»  Order 

Eead  and 

Ordered  that  this  report  be  accepted  and  that  the  Treasurer 
be  dischargd  of  the  Sum  of  Ninety  three  thousand  one  hundred 
Sixty  four  pounds  Nineteen  Shillings  and  eight  pence  accordingly. 
[Passed  September  37. 


CHAPTEK    96. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF   THE    TREASURER    OF    BRISTOL 
COUNTY. 

The  Account  of  Eobert  Luscombe  Treasurer  of  the  County  of  Legislative 
Bristol  having  been  laid  before  the  Court  for  allowance,  the  follow-  Councif,  xxvi! 

ing  Order  passed  thereon  viz'  *L 

Read  and  Accepted :  And  House  Jmir  ^ 

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


CHAPTEE    97. 

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

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

the  said  Town  was  employ'd  in  the  year  1762  to  collect  the  Taxes  ?i: 

laid  upon  said  Town;  that  he  had  collected  part,  but  not  having  ^a"i"rp^i2«!^i27. 
collected  the  whole  in  season  an  Execution  was  issued  from  the  Province  ' 
Province  Treasurer,  whereupon  he  absconded,  and  the  Town  not  note. '     ' 
being  impowered  by  Law  to  appoint  any  other  person  to  that  office. 
Praying  that  they  be  enabled  to  impower  some  person  to  collect  the 
Taxes  that  remain  due. 

[Read  and] 


52 


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


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


CHAPTER    98, 


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


Legislative 
Records  of  the 
Council,  xxvi., 
yi.    Mass. 
Archives,  xix., 
741. 

Mass. 

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


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

[Read  and] 

Resolved 

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

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

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


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

CHAPTEK    99. 

ORDER  ADJOURNING    COURTS   IN   WORCESTER   COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe-  Legislative 
rior  Court  of  Common  pleas  are  by  Law  appointed  to  be  held  at  coimcff  xxvT 
Worcester  for  the  County  of  Worcester  on  the  first  Tuesday  of  "' 


November  next;  and  divers  of  the  Justices  of  said  Courts  and  other  House  Jour, 
persons  who  are  concerned  in  business  there,  are  Members  of  the  I'TOvince*"' ^"' 
General  Court,  and  the  important  affairs  of  the  Province  now  de-  '^''"'^siy-' ™l'- 

T  ■        i-u    •        ii        1  Tiri-         £  cbap.  20;  v.,6i>, 

pending  require  their  attendance.  Wherefore  note. 

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


CHAPTBE    100 


RESOLVE   IMPOWERING   MARY   STANNY,    EXECUTRIX,    TO     SELL    REAL 
ESTATE. 

A  Petition  of  Mary  Stanny  Executrix  of  Cap'  Richard  Stanny  Legislative 
dec"  Setting  forth     That  the  said  deceaseds  Real  Estate  is  much  counclf,  xx w* 
out  of  repair  and  daily  growing  worse;  that  she  has  now  a  good  >>i>- 
opportunity  to  sell  the  said  Estate  And  praying  that  she  may  be  House  Jour- 
enabled  to  execute  a  Deed  thereof,  in  order  to  pay  ofl"  the  Debts  °"''  ^'  ^^°" 
due  on  said  Estate,  She  to  account  for  the  proceeds  according  to 
Law:  the  said  Real  Estate  lying  at  the  Northerly  part  of  Boston 
and  consisting  of  a  House  and  Land  butting   Westerly  on  Back 
Street  &  Southerly  on  Beer  Lane. 

Read  and  thereupon 

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


54 


Province  Ijaws  (Besolves,  elc).  — 1765-66.  [Chaps.  101,  102.] 


Legislative 
Records  of  the 
Council,  xxTi., 
90. 

House  Jour- 
nal, p.  139. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTEE    101. 

RESOLVE    IMPOWERING    DANIEL    HUNT,   GUARDIAN,   TO    SELL    REAL 
ESTATE. 

A  Petition  of  Daniel  Hunt  of  Rehoboth  Guardian  to  Anna 
Bosworth  a  Minor,  daughter  of  Joseph  Bosworth  deceased  Set- 
ting forth,  Tliat  the  said  Minors  personal  Estate  is  insuflBcient  to 
pay  the  charges  he  has  been  at  for  her  account,  besides  which  he 
hath  expended  for  her  to  the  amount  of  £130.8.7  and  praying  that 
he  may  be  enabled  to  make  Sale  of  her  Eeal  Estate  to  enable  him 
to  discharge  the  said  Debt. 

Read  and 

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


CHAPTEE    102, 


RESOLVE   CONFIRMING  THE  PROCEEDINGS   OF  THE  TOWN  OFFICERS  OF 
BOOTHBAY. 


Bl™rds"of  the  ^  PETITION  of  the  Selectmen  of  Boothbay  Setting  forth  That 
Council, xxvi.,  soon  after  their  Incorjioration,  the  Inhabitants  by  virtue  of  a  special 
Archi^fs^,'  Order  of  the  General  Court  assembled  and  chose  Town  officers,  which 
cxviii.,  155.  -^yras  done  in  February  last,  and  so  neglected  choosing  such  Officers 
Mass.  in  the  month  of  March  following,  as  by  Law  they  ought  to  have 

i-xviii.,  m.  done,  which  they  are  now  sensible  was  a  mistake  in  them.  And 
imi"pp."i27fi38,  Pi'8'.yii^g  that  the  officers  chosen  in  February  as  aforesaid  may  be 
139.'  Province'  Confirmed  in  their  respective  Offices  until  new  ones  shall  be  chosen 

Laws,  i.,6o,         .      ,,        ,     T^,.,>  ^ 

chap.  28.  in  March  1766 

[Read  and] 

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


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


CHAPTER    103. 

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

A  Petition  of  Joseph  Hayward  Executor  of  the  last  Will  &  Legislative 
Testament  of  Joseph  Maynard  Jun''  late  of  Sudbury  deceased     Set-  councif.xxvL, 
ting  forth     That  the  said  deceaseds  Estate  is  indebted  £78.13.2%  'f 


more  than  the  Moveables  were  apprised  at.   And  praying  that  he  House  .Jour. 
may  be  impowered  to  sell  so  much  of  the  Eeal  Estate  as  will  enable  p'roVincc"" 
him  to  pay  the  said  Debts.  Jl?a7'io;' ^^'' 

Read  and 

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


CHAPTBE    104. 

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

A  Petition  of  William  Stone     Setting  forth     That  he  hath  Legislative 
under  his  care  one3Iary  Davis  a  person  both  deaf  and  dumb,  and  council",  xxvi!, 

otherwise  disabled  by  Age  and  Infirmities  to  support  herself:  that  ?L 

the  said  Mary's  Mother  left  her  a  House  and  Land,  at  the  Northerly  House  Jour- 
part  of  Boston  for  her  comfort  and  support,  which  House  is  now  Province ' 
old  and  not  tenantable:  Therefore  praying  that  he  may  be  enabled  Jifap!io.'' ^^^' 
to  sell  the  said  Estate,  the  produce  thereof  to  be  applied  for  the 
maintenance  of  the  said  Mary  Davis. 

[Read  and] 

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


CHAPTER    105. 

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

A  Petition  of  Mary  Brown  Admin'^  of  the  Estate  of  her  late  Legislative 
Husband  Isaac  Brown  of  Waltham  deceased     Setting  forth  That  ^^^^^  °x*'j'' 
the  said  deceased  left  four  Children,  and  a  small  tenement  lying  in  ai. 


56 


Province  LAWS(i?esoZyes,  ete.).  — 1765-6(3.  [Chaps.  106,  107.] 


Honse  Jour- 
nal, pp.  U2,l«. 
Province 
Laws,  ii.,  151, 
chap.  10. 


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

[Eead  and] 

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


CHAPTEK    106. 

RESOLVE  IMPOWERING  ZEBULON  LEONARD,  GUARD  LAN,  TO  SELL  A  PART 
OF  AN   ESTATE. 

p^TOrds'^fth        ^  Petition  of  Zebulon  Leonard  of  Middleborough  Guardian  to 
Council, xxvi.,  Elkanah  Leonard,  a  persou  Non  compos  mentis    Setting  forth    That 

^h. the  said  Elkanah's  Estate  is  indebted  the  Sum  of  One  hundred  and 

na°upp.'59?72,     twenty  pounds  And  praying  that  he  may  be  enabled  to  Sell  so  much 
147.'  Province  of  the  Said  Elkanah's  Real  Estate  as  shall  be  sufficient  to  discharge 
M^rcfhap^e.'      his  debts,  so  that  his  Estate  may  be  settled. 
Read  and 

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


CHAPTER    107, 


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


Legislative 
Becords  of  the 
Council,  xxvl., 


nal,  p.  Ul. 
Province 
Laws,  iv.,  I 
note. 


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


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1765-66.  57 

[Read  aud] 

Resolved  that  the  abovenamed  James  Karswell  late  a  Collector 
of  the  first  Parish  in  Kittery  in  the  County  of  York,  be  aud  he 
hereby  is  authorised  and  impowered  to  compleat  and  finish  his  Col- 
lections of  all  sucli  Sum  and  sums  of  money  as  was  duly  assessed 
on  the  polls  and  Estates  within  said  Parish  in  the  year  1763  and 
committed  to  him  to  collect;  and  pay  iu  the  same  pursuant  to  his 
directions,  any  supposed  defect  in  his  Warrant  for  want  of  a  Seal 
or  otherwise  notwithstanding.     \^Passed  October  29. 


CHAPTEK    108. 

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

A  Petition  of  John  Borghardt  and  others  of  Great  Barring-  Legislative 
ton     setting  forth     That  in  the  Spring  of  the  year  1764  they  con-  ^^^"eff  xU*!^ 
tracted  with  M'  James  Eason  of  Pittsfield  to  labour  in  Building  a  »4. 
House  for  the  public  worship  of  God  in  said  Town,  for  which  he  House  Jour, 
was  to  be  paid  by  the  day  according  to  the  number  of  the  days  he  »''''PP-i*''1*8. 
should  labour  in  said  Service.   That  a  difference  at  length  arising 
the  said  James  commenced  a  Suit  upon  the  Agreement  and   the 
cause  was  Submitted  to  a  reference,  the  Referees  being  Perez  Marsh, 
Daniel  Brown  and  John  Chadwick  Esq"  by  whose  Report  the  Peti- 
tioners apprehend  themselves   injured  to  the  amount   of   Eighty 
pounds;  for  instead-of  allowing  him  for  the  time  he  was  actually 
upon  the  business,  they  have  allowed  him  from  the  time  he  began 
uf)on  the  work  to  the  time  it  was  finished,  unless  the  petitioners 
could  ascertain  the  number  of  days  he  was  absent,  which  they  were 
not  able  to  do,  and  by  this  means  they  have  allowed  him  for  thirty 
days  more  than  he  had  charged  in  his  Account.  That  the  said  James 
owed  one  of  the  Petitioners  viz'  Peter  Borghardt  £15  upon  a  note 
wliicli  he  had  put  in  Suit  which  note  by  some  means  or  other  had 
got  into  the  hands  of  the  said  Referees  who  is  adjudged  to  lose 
his  Debt,  and  pay  Costs ;  and  that  by  the  like  means  Samuel  Lee 
another  of  the  Petitioners  is  like  to  lose  the  value  of  a  Note  of 
£6     which  tlie  said  James  had  given  to  him  the  said  Samuel.  And 
praying  relief. 

[Read  and] 

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


58 


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


CHAPTEE    109. 


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


Legislative 
Records  of  the 
Council,  xxvi., 
as.    Maps  and 
Flans,  Mis., 
XXXV.,  *23. 

House  Jour- 
nal, pp.  26, 100, 
101,14y,  l.il. 
Ante,  p.  47, 
chap.  al. 


A  Plan  and  description  of  a  new  Township,  was  laid  before  the 
Court  containing  the  quantity  of  seven  Miles  and  a  half  square  of 
Laud  &  Water  granted  by  the  General  Court  to  the  proprietors  of 
Bakers  Town  so  called  lying  and  being  in  the  Coiinty  of  Cumber- 
land, and  bounded  as  follows  viz'  begining  at  a  large  Rock  near  the 
middle  of  Androscoggin  River  ui^on  the  great  Falls  or  20  miles 
Falls  so  called  in  said  Androscoggin  River,  and  from  said  Rock  to 
run  South  45''  West  four  miles  adjoining  the  Pejepscutt  Patent  to 
a  spruce  tree,  thence  South  SB"*  East  one  Mile  by  the  Sovithwesterly 
Line  of  the  said  Pejepscutt  Patent  to  a  Hemlock  tree,  tlience  South 
45''  West  four  Miles  by  the  head  line  of  New  Glocester  to  a  pitch 
pine,  thence  North  45''  West  Seven  Mile  by  Province  Land  to  a  fir 
Tree,  thence  North  45''  East  thirteen  Miles  to  a  pine  tree  standing 
by  the  side  of  Androscoggin  River,  thence  Southerly  down  said 
Androscoggen  River  to  the  Bounds  first  mentioned. 

Whereupon  the  following  Order  passed  viz' 

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

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


[2d  Sess.]     Province  'Laws  (Resolves,  etc.).  — 1765-66.  59 


CHAPTEK    110. 

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

Whereas  the  Sum  of  Three  hundred  and  sixty  two  pounds,  eigh-  ]^,?'^'^"Tth 
teen  shillings  and  4''  %  was  Ordered  to  be  apportioned  and  assessed  council, xxvi., 

on  the  Town  of  Stoughton  in  the  County  of  Suffolk  this  current  — 

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

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


CHAPTEK    111. 

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

A  Petition  of  William  Williams  Admin'  of  the  Estate  of  Jona-  Legislative 
than  Stedman  late  of  Westminster  dec"  Intestate,  and  of  Tabitha  colmc'if,  xxl^^. 
Stedman  Widow  of  said  deceased     Setting  forth     That  the  jjer-  97. 
sonal  Estate  of  the  deceased  if  disjDOsed  of  would  be  insufficient  House  Jour, 
to  pay  his  Debts,  and  would  at  the  same  time  deprive  the  Widow,  "ss," ^'province ' 
and  the  two  Children  of  the  deceased  of  sufficient  means  to  subsist  JiJaTj^'io'' '^'' 
with  Comfort ;  that  he  died  seized  of  about  thirty  Acres  of  Land 
chiefly  unimproved.  And  praying  that  he  the  said  administrater  may 
be  impowered  to  make  Sale  of  the  said  Land  for  the  reasons  before- 
mentioned. 

Eead  and  Accepted :  And 

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


60 


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


the  Heirs  of  the  deceased,  excepting  only  the  annnal  Interest  of  one 
third  i^art  thereof  for  the  nse  of  the  Widow  during  her  natural  life. 
[Passed  October  SO. 


LeKlalative 
Kecords  of  the 
Council,  xxvi., 
9S.    Mass. 
Archives, 
xUv.,  574. 

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


CHAPTEE    112. 

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

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

Eead  & 

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


CHAPTEE    113. 


Legislative 
Records  of  the 
Council,  xxvi., 
99.    Mass. 
Archives,  Ivi., 
43S. 

Mass. 

Archives,  Ivi., 
456.    House 
Journal, 
pp.  165,  167. 
Province 
Laws,  iv.,61R, 
chap.  29;  676, 
chap.  6;  626, 
note. 


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

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

[Read  and] 

Resolv^  that  the  Treasurer  be  directed  to  pay  John  Still  Wenthrop 

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


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

Esq'  the  whole  of  the  Interest  of  the  Note  Mention''  in  his  petition 
to  the  30'^  of  June  last  he  living  out  of  the  province  and  not  inform" 
of  the  Orel'  of  this  Coixrt  pass"  in  Octo'  1763.     \^Passed  October  SI. 


CHAPTER    114. 

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

A  Petition  of  Jacob  Townsend  Admin'  of  the  Estate  of  his  Legislative 
Father  John  Townsend  late  of  Wilmington  deceased    setting  forth  counctf  xxvl!' 
That  his  said  Father  died  Seized  of  about  fifty  Acres  of  Land  lying  loo- 
partly  in  Reading  and  partly  in  Wilmington,  one  third  of  which  House  Jour- 
apprised  at  £16.11.3  is  set  off  to  the  Widow  as  her  Dower  and  that  °a'.PPi6'.i5S- 
the  rest  of  his  Estate  both  Real  and  personal  being  insufficient  to 
pay  his  Debts,  the  Estate  is  represented  Insolvent  And  praying  that 
he  may  be  impowered  to  Sell  the  other  two  thirds  of  the  Real  Estate 
in  order  to  pay  the  Debts. 

Read  and 

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


CHAPTER    115. 

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

A  Petition  of  Abigail  Merrow  Widow  of  Henry  Merrow  late  of  Lesisiative 
Reading  deceased     Setting  forth     That  her  said  Husband  did  by  council, xxvi., 

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

provement  of  his  Real  Estate  during  her  natural  life,  and  did  therein  ^aws'"^?*  i5i 
order  that  his  Land  should  be  Sold  for  her  support  if  the  Income  chap.'io." 
should  prove  insufficient  but  did  not  impower  any  person  to  Sell  it ; 
except  only  two  Acres  of  Medow  which  has  been  already  Sold  for 
that  purpose :  That  she  is  now  in  Debt  near  Ten  pounds  Sterling 
for  the  necessaries  of  life,  and  in  the  eighty  third  year  of  her  age. 
And  praying  that  she  may  be  enabled  to  sell  about  Eight  Acres  of 
pasture  lying  at  a  distance  from  the  home  lot  for  the  purpose  men- 
tioned in  said  Will 

Read  and 

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


62 


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


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


Legislative 
Records  of  tlie 
Council,  xxvi., 


House  Jour- 
nal, p.  159. 


CHAPTER    116. 

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

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

Eead  and 

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


CHAPTER    117. 

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


Legislative 
Eecords  of  the 
Council,  xxvi., 
102. 

House  Jour- 
nal, p.  149. 


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

[Bead  and] 

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

'  Not  found  in  the  House  Journal. 


[2d  Sess.]     Province  Ijav/s  {Resolves,  etc.).  — 1765-66.  63 

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


CHAPTEK    118. 

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

A  Petition  of  Nath'  Whitcomb  Executor  of  the  last  Will  &  R^8'^l?*'^?th 
Testament  of  Amos  Thomas  of  Hardwick  deceased     Setting  forth  Council,  xxvi., 
That  the  said  deceased  by  his  Will  aforesaid  gave  specific  Legacies 


in  Money  to  be  paid  to  his  several  Children,  but  never  directed  how  nai"pi/i44'^i. 
the  said  Money  should  be  raised.  That  his  personal  Estate  is  ex- 
pended in  paying  the  Debts  and  one  absolute  Legacy;  that  his  Real 
Estate  consists  of  about  Fifty  Acres  of  Land  and  a  House  and  Barn 
thereon  which  is  incapable  of  a  Division  and  going  to  ruin ;  that 
there  are  three  Children  of  age  and  four  still  in  their  minority. 
And  praying  that  the  Judge  of  Probate  may  be  impowered  to  settle 
the  said  Estate  on  the  eldest  Son  in  the  same  manner  as  by  Law  he 
might  have  done,  had  the  deceased  died  Intestate. 

[Read  and] 

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


CHAPTEK    119. 

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

A  Petition  of  Tho'  Torrey  of  Plymouth  praying  liberty  of  a  Legislative 
new  Trial  of  an  Action  brought  against  him  by  Robert  Williams  of  councif  xxv 
Braintree  for  the  reason  therein  mentioned  [«M^e,  p.  17,  chap.  35]  ^ 


[Read  and]  House  Jour. 

Ofdered  iha,i  the  consideration  of  this  Petition  be  referred  till  "sj  iecf' ^Wf,' 
the  second  Tuesday  of  the  next  Session  of  this  Court,  and  the  p- 1", chap. 26. 
respondent  is  allowed  then  to  make  Answer.     \^Passed  November  1. 


64 


Pkovince  Lixvis  (^Resolves,  etc.) .  — 1765-66.  [Chaps.  120,  121.] 


LegiBlatlve 
Records  of  the 
Council,  xxvi., 
103. 

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


CHAPTEE    120. 

ORDER  CONFIRMING  A  PORTION  OF  THE  GRANT  OF  LAND  MADE  TO 
EPHR''  KEYS. 

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

Surveyed  and  laid  out  to  M'  Ephraim  Keys  as  part  of  his  Grant 
made  by  the  Great  and  General  Court  Feb''  22'^  1705  of  three  hun- 
dred Acres  to  be  taken  ujd  in  the  unappropriated  Lands  of  the 
Province  lying  either  in  the  County  of  Hampshire  or  Berkshire. 
Begun  near  the  middle  of  the  West  line  of  Pittsfield,  and  from 
thence  West  30'*  North  one  Mile  and  three  quarters  to  a  beach  Tree 
marked  E  K  at  which  tree  begins  the  Southeast  corner  of  this  sur- 
vey, from  said  Beach  tree  North  30**  East  two  hundred  and  seventy 
rods  to  a  Stake  and  Stones,  Stake  mark'd  E  K,  then  West  'SO^  North 
One  hundred  and  eighty  rods  to  a  beach  tree  marked  E  K,  then 
South  20''  West  two  hundred  and  Seventy  rods  to  a  beach  tree 
marked  E  K.  Then  strait  to  the  first  mentioned  bounds  containing 
Two  hundred  Sixty  one  Acres  and  ninety  rods  of  Ground,  there 
being  no  more  Land  to  be  taken  at  said  place 

Eead  and 

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


CHAPTER    121 


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


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

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


A  Petition  of  Henry  Young  Brown  Setting  forth  That  he 
did  in  consequence  of  a  Grant  of  the  General  Court  23''  January 
1761:  lay  out  a  Township  on  each  side  of  Saco  River  above  the  Town 
laid  out  by  Col"  Frye  and  returned  a  plan  thereof  which  was  ac- 
cepted and  confirmed  by  the  Court  on  certain  conditions.  That  he 
hath  removed  his  Family  to  said  Township  and  done  his  utmost  to 
forward  the  Settlement  of  it,  but  is  interrupted  by  one  Daniel  Foster 
and  others  who  claim  the  greater  part  of  the  said  Township  by  Virtue 
of  a  Grant  from  the  Governor  of  New  Hampshire.  And  praying  the 
interposition  of  this  Court. 

Read  and 

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


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1705-66.  65 

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

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


CHAPTEK    122. 

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

A  Plan  containing  7,350  Acres  laid  out  on  Hoosuck  Mountain  Legislative 
to  satisfy  a  Grant  made  by  the  Great  and  General  Court  June  25"'  councif  xxv'r 
1765  to  the  i^roprietors  of  Bernardston  who  had  their  Lands  taken  off  io4.   Maps  and 
by  the  runing  the  Line  between  tlie  Massachusetts  &  New  Hampshire  xxTvi'i.,  rl!'' 
Dated  October  3-1 ""  1,705.    and  Signed    Moses  Hawks  Surveyor    was  House  .Jour, 
presented  to  the  Court  for  allowance,  Whereupon  the  following  passed  "^^  pij-^|*'  i^s. 

viz'  p.  44,  cliap.  85. 

Resolv\l  That  this  Plan  of  Land  Containing  Seven  Thousand 
Three  hundred  and  fifty  Acres  Laid  out  to  Satisfy  a  Grant  of  Land 
made  to  y'  Proprietors  of  Bernardstown,  who  lost  their  Land  by 
y^  Kuning  of  y'=  line  between  New  HamjDshire  and  this  Province. 
Be  Confirm'd  Provided  it  Does  not  exceed  y^  Contents  of  y°  Grant 
nor  Interfere  with  any  former  Grant.      \^Passed  November  1. 


CHAPTEE    123. 

ORDER   ALLOWING   £2  TO   RICH"  WILDE. 


A  Petition  of  Richard  Wilde  of  Shutesbury    setting  forth  That  Legislative 
the  petitioner  was  a  Soldier  in  the  jiay  of  the  Province  in  Col"  Salt-  council!  xxvi^, 
tonstal's  regiment  in  1760  That  he  was  sent  Sick  from  the  Camjj  Areiiives^^' 
to  Albany  where  he  remained  sick  some  time,  and  afterwards  lay 


Sick  on  the  Road  before  he  got  home  where  also  he  remained  Sick  Mass. 
for  two  Months ;  that  he  applied  to  tlie  Court  for  relief  the  same  kS.™! 
year  or  the  year  after,  and  was  informed  that  the  House  granted  „a1"^f '\'2;o''i6] 
him  forty  shillings  but  that  by  some  accident  his  Petition  was  mis-  lea.' '  '     '     ' 
laid  before  it  got  thro'  and  j^raying  that  his   case  may  now  be  con- 
sidered. 

Read  and 

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


66 


Province  IiAws  (Besolves,  etc.) .  — 1765-66.  [Chaps.  124,  125.] 


CHAPTER    124. 


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


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

House  Jour- 
nal, pp.  217, -iSS 
C  February, 
1765) ;  pp.  162, 


In  the  House  of  Eep''™' 

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

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

Eead  and  Concurred.     [Passed  November  1. 


CHAPTEE    125 


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


LegiBlatl 
Records  of  the 
Council, 


xlviii.,  9. 


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


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

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

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


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


CHAPTEE    126. 

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

A  Petition  of  William  Parsons,  Nathaniel  Parsous  &  Willard  Legislative 
Parsons      Setting  forth,  That  their  Father  William   Parsous  late  conncif.xxvL, 
of  Glocester  deceased  by  his  last  Will  and  Testament  having  given 


his  Real  Estate  to  and  among  liis  Children  (part  where  of  is  thought  ^a"i"pB'M"i(i6 
to  be  thereby  entailed)  ordered  his  Debts  to  be  paid  by  them  in 
jjroportion:  That  the  Debts  amount  to  £1,525.5.10  more  than  the 
personal  Estate :  That  the  petitioners  proportion  of  said  Debt  amounts 
to  upwards  of  Three  hundred  pounds  each,  which  they  can  discharge 
only  by  the  Sale  of  some  part  of  the  Lands;  and  that  it  would  be 
most  convenient  for  them  to  dispose  of  some  part  of  the  Estate 
supposed  to  be  entailed  in  order  to  discharge  such  debts.  And  pray- 
ing that  they  may  be  impowered  to  make  Sale  of  so  much  of  the 
said  Estate  as  shall  be  sufficient  to  discharge  their  proportion  of 
the  said  Debts. 

[Read  and] 

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


CHAPTEE    127. 

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

An  Account  of  Timothy  AVoodbridge  Esq'  was  laid  before  the  Legislative 
Court  of  the  money  by  him  paid  to  the  Stockbridge  Indians  as  colincif  xx\4^ 
Agent  for  said  Indians  in  conveying  their  Lands  to  the  Govern-  los.  Mass! 
ment  lying  in  the  Western  part  of  the   Government,  whereby  it  xxxiiZfaM. 
appears  that  he  had  paid  them  of  the  jiurchase  money  to  the  amount  ^^i[^^ 
of  Fifteen  hundred  and  seventy  three  pounds,  four  shillings  &  three  Archives, 

•'  ^  '  '^  xxxlll.,  351. 

pence.  House  .Jour- 

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

Read  and  JiiT^'ee^'' ^^' 

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

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


68 


Province  IjAwe{Iiesolves,  etc.).  — 1765-66.  [Chaps.  128-130.] 


CHAPTEE    128, 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  FOR  FARMING  THE  EXCISE 
ON  TEA,  COFFEE  AND  CHINA  WARE  FOR  THE  COUNTY  OF  LINCOLN 
AND   ALLOWING   £2.  1    FOR   THE   EXPENSE   THEREOF. 


liCglBlatlve 
Eecords  of  the 
Council,  xxvi., 
109. 

House  Jour- 
nal, p.  1S8. 
Province 
Laws,  xvii., 
631,  cbap.  59. 


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

Eead  and  accepted :  And 

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


CHAPTEE    129, 


Legislative 
Records  ot  the 
Council,  xxvi., 
109.    Mass. 
Archives, 
lviii.,5ol. 

House  Jour- 
nal, p.  173. 


RESOLVE   ALLOWING   PROVINCE   LAW   BOOKS   TO   HARVARD    COLLEGE. 

Resolved  that  a  present  be  made  to  the  Library  at  Harvard  Col- 
lege of  the  perpetual  and  temporary  Laws  of  the  Province  at  the 
publick  Charge.      \^Passed  November  6. 


CHAPTEE    130. 


RESOLVE  ADJOURNING  COURTS  IN  BRISTOL   COUNTY. 


109. 

House  Jour- 
nal, p.  172. 
Province 
Laws,  lv.,737, 
chap.  20;  v.,  6^ 
note. 


Legislative  Whereas  the  Court  of  General  Sessions  of  the  peace  and  lufe- 

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

Resolved  that  the  said  Court  of  General  Sessions  of  the  Peace 
and  Inferior  Court  of  Common  pleas  which  by  Law  are  to  be  held 
at  Taunton  aforesaid  on  the  said  third  Tuesday  of  Novem"'  instant 
be  and  hereby  are  adjourned  to  the  third  Tuesday  of  February  next 
to  be  held  at  the  Court  House  in  the  said  Town  of  Taunton  at  ten 
O'clock  in  the  forenoon  of  said  day:  And  all  pleas.  Writs,  Actions, 
suits  Complaints,  processes,  precepts,  Eecognizancesand  other  thing 
or  things  whatsoever  returnable  and  having  day  or  days  in  the  said 
Courts  shall  stand  valid  and  continue  unto  the  said  Adjournment, 
and  be  held  deemd  and  adjudged  to  be  as  good,  effectual  and  avail- 
able in  Law  to  all  intents  &  purposes  whatsoever,  as  if  such  Court 
had  been  held  &  kept  on  the  day  by  Law  for  holding  the  same,  and 
no  Adjournment  thereof  had  been  made.     [Passed  November  0. 

'  The  House  Journal,  p.  168,  reads,  £1.  1. 


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  —  1765-66.  69 

CHAPTER    131. 

RESOLVE   ADJOURNING   COURTS   IN  BARNSTABLE   COUNTY. 

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

Barnstable  in  the  County  of  Barnstable  on  the  first  Tuesday  in  iio^ [ 

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

Resolved  that  the  said  Court  of  General  Sessions  of  the  peace  ^ifij%i7"' "^'' 
and  Inferior  Court  of  Common  pleas  which  by  Law  are  to  be  held 
at  Barnstable  aforesaid  on  the  first  Tuesday  in  December  next,  be 
and  hereby  are  Adjourned  to  the  first  Tuesday  of  April  next  to  be 
held  at  the  Court  House  in  the  said  Town  of  Barnstable  at  ten 
o'clock  in  the  forenoon  of  said  day:  And  all  f)leas  Writs,  Actions, 
Suits,  Complaints,  processes,  precepts.  Recognizances  and  other 
thing  or  things  whatsoever,  returnable  and  having  day  or  days  in 
the  said  Courts,  shall  stand  valid  and  continue  unto  the  said  Ad- 
journment, and  be  lield  deemed  and  adjudged  to  be  as  good  effectual 
and  available  in  Law  to  all  intents  and  purposes  whatsoever  as  if 
such  Court  had  been  held  and  kept  on  the  day  by  Law  for  holding 
the  same,  and  no  Adjournment  thereof  had  been  made.  [Passed 
November  6.  ' 


CHAPTER    132. 

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

Resolv\l  that  M' Joseph  Billing  Guardian  to  the  Punkapog  Indians  Legislative 
be  order'd  and  Derected,  to  take  the  Same  Care  of  the  Melattoes,  cminc'if  xxv"?^ 
Children  of  the  Punkapog  Indians,  as  of  the  other  Indians,  and  lii.   Mass. 
he  is  also  hereby  impower'd  to  Bind  out  the  Said  melatto  Children  xxxiihfss.^. 
in  the  Same  manner  as  he  is  Directed  to  Bind  out  the  other  Indians,  uouse  .lour- 
and  that  he  Repay  to  the  Treasurer  of  the  Town  of  Milton  the  Sum  ^^>  v- 1"*- 
they  have  advanc'd  for  the  afores''  Indians,  Provided  the  Same  Ex-  Laws,  xvu., 
ceed  not  the  Sum  of  three  pounds.     [Passed  November  7.  Se'i'^p*.''^,   ' 

chap.  79. 


CHAPTER    133. 

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

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

iug  for  which  he  was  to  be  allowed  what  should  be  adjudged  reason-  112^ '_ ''_ 

able  by  Mess"  Joy  and  Stutson  two  Carpenters,  and  to  take  his  pay  House  Jour- 
out  of  the  Rents  as  they  should  become  due.  That  the  said  Russell  ""''  ^'  ^''*' 
notwithstanding  the  Agreement  aforesaid  commenced  an  Action 
against  the  Petitioner  for  the  Sum  of  £330  which  was  carried  up 
by  Demurrer  to  the  Superior  Court,  where  while  he  was  with  leave 


70 


Province  Liaws  (Besolves,  etc.) .  — 1765-66.  [Chaps.  134,  135.] 


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

Eead  and 

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


CHAPTEK    134. 

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

Eefords'of  the       ^  PETITION  of  Thomas  Carter,  Thomas  Gowing  and  David  Wilder 
Council, xxvi.,  Setting  forth    That  they  are  freeholders  in  the  Town  of  Leominster 

^ &  live  upon  Estates  which  they  bought  of  persons  belonging  to  the 

SiTppararns,  second  parish,  although  their  persons  were  not  Voted  off  to  the  said 
P-'.  ^°^°'=''    second  parish  in  the  late  Settlement  made  in  said  Town;  That  being 
151,  chap.  382.    thus  circumstanced,  they  are  assessed  in  both  Parishes.  And  pray- 
ing an  Explanation  of  the  Act  or  Order  of  the  Court  for  incorporat- 
ing the  said  second  parish  that  so  they  may  not  be  thus  subject  to 
do  double  duty. 
Read  and 

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


CHAPTER    135 


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


Legislative 
Kecords  of  the 
Council,  xxvi., 
108, 113.    Mass. 
Archives, 
xxxiii.,  359. 

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


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

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


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  —  1765-66.  71 

report  that  the  prayer  of  the  Petition  of  Jacob  Cheeksonkun  &  others 
Stockbridge  Indians  be  granted,  and  that  they  be  and  hereby  are 
impowered  to  make  Sale  of  so  much  of  their  Lands  lying  in  the 
Town  of  Stockbridge  aforesaid,  as  will  be  sufficient  to  discharge 
their  just  debts  and  to  redeem  their  Lands  they  have  subjected  to 
pay  the  same ;  and  that  the  Sale  of  said  Lands  be  under  the  care  & 
inspection  of  Tim"  Woodbridge  and  John  Ashley  Esq"  who  shall 
see  that  no  injustice  be  done  in  the  Sale  of  the  same,  and  in  apply- 
ing the  proceeds  of  the  Sale  to  the  purposes  aforesaid. 

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

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

Signed  in  the  name  of  y*"  Com'"  Tho'*  Hubb.^rd. 

In  Council 

Read  and  Accepted  And 

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

In  the  House  of  Rep"^" 

Read  and  concurd  and  M'  Gray  and  Col°  Richmond  are  Joyned 
in  the  affair.     [Passed  November  7. 


CHAPTER    136. 

ORDER  ALLOWING   £21.  14  TO   CORD   CORDIS. 


Cord  Cordis  having  presented  an  Account  for  entertaining  the  Legislative 
Council  and  House  of  Representatives  on  the  2.5"'  day  of  October  coSnoif  xiw*' 
being  the  day  of  his  Majesty's  Accession,  the  following  Order  passed  115.      

thereon  viz'  House  .Jour- 

Read  and  -^^- 

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


CHAPTER    137, 


RESOLVE    ALLOWING    PROVINCE    LAW    BOOKS    TO    THE    TOWN    OF      Legislative 

CHARLEMONT.  Records  of  the 

Council,  xxvl., 

116.    Mass. 

Resolvd  that  y^  Town  of  Charlemont  be  supplyd  with  y''  Statutes  ^f|^'''5gi,; 
and  Temporary  Laws  of  this  Province  at  y^  Province  Charge.    \ Passed  — '- 

-K^  1        o  OL  House  Jour- 

JS/ovember  8.  nai,  p.  185. 


72 


Province  Laws  {Resolves,  etc.).  — 1765-66.     [Chap.  138.] 


CHAPTEE    138, 


Legislative 
Records  of  the 
Council,  xxvi., 
117.    Mass. 
Archives, 
xxii.,  467. 

Legislative 
Records  of  the 
Council,  XXV., 
421.    House 
Journal, 
pp.  167, 179, 1)>0. 


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

Resolved  That  the  Treasurer  of  the  Province  be,  and  he  hereby 
is  directed  to  remit  to  Dennis  Deberdt  Esq,  who  the  House  have 
chosen  their  special  Agent,  the  Sum  of  Two  Hundred  Pounds 
sterling,  to  enable  him  to  solicit  and  pursue  the  several  Petitions 
agreed  upon  by  the  late  Congress  of  the  British  Colonies  at  New 
York:  And  Whereas  the  Vote  of  the  House  of  Representatives, 
passed  the  7"'  Day  of  March  last  and  on  the  same  Day  concurred 
by  the  Hon'  Board,  directing  the  Secretary  to  write  to  .Jasper  Mau- 
duit  Esq  to  pay  into  the  Hands  of  Richard  Jackson  Esq  the  Sum 
of  Two  Hundred  Pounds  ster',  in  Case  he  should  take  the  Agency 
upon  him,  to  enable  him  to  transact  the  Affairs  of  this  Province, 
was  not  consented  to  by  the  Governour;  therefore 

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


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


RESOLVES,  ORDERS,  VOTES,  ETC. 

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


CHAPTEE    139. 


ORDER    ALLOWING    COPIES    OF    THE    JOURNALS    OF    ¥>=    HOUSE    TO    Y^^  Legislative 

COLLEGE.  Records  of  the 

Council,  XXVI., 
124.    Mass. 

Ordered  that  the  Journals  of  the  House  be  delivered  to  the  Use  ^iSi^'sH; 
of  Harvard  College  at  the  publick  Charge.     [Passed  January  16 


House  Jour- 
nal, p.  194. 


CHAPTER    140, 


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

BURG.  Records  of  the 

Council,  xxvi., 
1-24. 

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


CHAPTER    141. 

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

A  Petition  of  Lydia  Ball  of  Worcester     setting  forth  that  the  Legislative 
Court  of  General  Sessions  of  the  peace  for  the  County  of  Worces-  f^ouneif  xxv^ 
ter,  did  in  May  176.3  upon  the  Petition  of  John  Green  &  Robert  i-8-  Mass. 
Crawford,  order  a  Road  to  be  laid  out  thro'  the  petitioners  Land  I'xxi.,  m. 
not  only  for  the  accomodation  of  the  said  Petitioners,  but  for  the  Mass. 
benefit  also  of  the  said  Town,  as  is  set  forth  in  the  return  of  the  ;f^"S'.'4|8; 
Committee  appointed  to  lay  out  the  same;  altho'  the  Town  had  House Jour- 
before  upon  application  made  to  them  by  the  same  petitioners  re-  province  '    ' 
fused  to  accept  of  such  way.  That  the  Petitioners  Estate  is  greatly  Jjfap^o!'' '^'' 
damaged  by  such  way,  and  She  thereupon  has  applied  to  the  Court 
of  Sessions  for  an  Indemnification ;  but  her  application  having  been 
made  after  the  time  limitted  by  Law  therefor  of  which  limitation 
she  was  ignorant,  She  could  obtain  no  Redress.  And  praying  Relief. 

Read  & 

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


74 


Province  Liaws  {Besolves,  elc.) .  — 1765-66.  [Chaps.  142,  143.  J 


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


CHAPTEK    142. 

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


Legrislative 
Records  of  the 
Council,  xxvi., 
I'm. 

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


The  Committee  appointed  the  18"'  Instant  on  the  petition  of 
Isaac  Dupee  [ante,  p.  69,  chap.  133]  the  following  Order  passed 
thereon  viz' 

Kead  and  Accepted :  And 

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


CHAPTER    143, 


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


Legislative 
Records  of  the 
Council,  xxvi., 


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


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

Read  and 

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

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


[3d  Sess.]     Province  Laws  (i?eso?i;e.s,  ete.).  —  1765-66.  75 


CHAPTER    144. 

ORDER    ALLOWING    PROVINCE    LAW    BOOKS    TO    THE    DISTRICT    OF      Legislative 

STOUGHTONHAM.  C^n'-if  xivi" 

132. 

Ordered  that  the  District  of  Stoughtonham  be  allowed  a  set  of  House  Jour- 
the  Province  Laws  at  the  public  Charge.      {Passed  January  22.        °*''  p-  '^**''- 


CHAPTER    145. 

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

A  Petition  of  Theodore  Iloyt  of  Almsbury     praying  liberty  to  Legislative 
Sell  a  part  of  the  Real  Estate  of  his  late  Fatlier  Robert  Hoyt  de-  coSncIf, SU^*, 
ceased  for  the  support  of  the  Petitioners  aged  mother.  ^^ 

Read :  And  it  appearing  that  all  the  Heirs  of  Aaron  Hoyt  living  Legislative 
within  this  Province  liave  been   notified  of  the  contents  of  this  councif.xxvi^ 
Petition,  and  hav 
thereof  granted. 

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


CHAPTER    146. 

ORDER  ALLOWING   £5.  8  TO  DENNIS  TOWNEY. 

A  Petition  of  Dennis  Towney     Setting  forth     That  he  inlisted  L'^s'^H"'''**, 
in  his  Majesty  s  oervice  the  l-l"  of  March  lib2  under  Cap    Will"  council, xxvi., 
Barron  in  the  pay  of  this  Province,  and  was  sent  to  Castle  William  A?ohwe8°°" 
in  order  to  go  to  Halifax,  but  falling  sick  there,  he  did  not  proceed  ixxx.,  eno. 
thither,  but  was  afterwards  ordered  to  join  Cap'  Turner's  Company  ^i^ss. 
at  Albany,  where  he  was  impressed  by  Col°  Bradstreet  to  go  to  the  ixxx.,  eoS. 
Havanah,  and  there  served  till  June  1763  for  all  which  Services  he  Dai"ppfi°7V2i2. 
hath  received  no  pay.  And  praying  an  allowance 

Read  and 

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


76 


Pkovince  'LAWf>(liesoIves,etc.).  —  1765-G(3.  [Chaps.  147,  148.] 


CHAPTER    147. 

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

Re^ords'of  the       "^  PETITION  of  Benj''  Johnson  of  Lynn  Admin'  of  the  Estate  of 
Council,  xxvi.,  Eichai'd  Johnson  late  of  said  Lynn  Cordwainer  deceased     Setting 

— forth     That  the  whole  Estate  of  the  said  deceased  both  Keal  and 

Si"in/iti"!^i67,  personal  falls  short  of  the  amount  of  his  Debts  the  Sum  of  Twenty 
224.  Province    nine  pounds,  and  has  been  accordingly  represented  Insolvent.  And 
cbap.'io.'     '    praying  that  he  may  be  impowered  to  make  Sale  of  the  deceaseds 
Eeal  Estate  for  the  payment  of  his  Debts. 
Eead  and 

Resolved,  That  the  prayer  of  the  Petition  be  granted,  and  that 
the  Petitioner  be  and  he  hereby  is  impowered  to  make  Sale  of  all 
the  Real  Estate  of  the  deceased  within  mentioned  for  the  most  the 
same  will  fetch,  and  to  make  &  Execute  a  good  deed  or  deeds  thereof 
in  the  Law,  He  observing  the  directions  of  the  Law  for  the  Sale  of 
Eeal  Estates  by  Exec'^  &  Admin",  and  giving  sufficient  caution  to 
the  Judge  of  Probate  for  the  County  of  Essex  that  the  proceeds 
arising  by  such  Sale  shall  be  applied  to  the  payment  of  the  just 
debts  of  the  said  deceased,  and  the  -Overplus  (if  any  be)  secured 
for  the  benefit  of  the  Heirs.     \^Passed  January  ^7." 


CHAPTER    148. 


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


Legislative 
Records  ot  the 
Council,  xxvi., 
13S.    Mass. 
Archives,  cxi., 
548. 

Mass. 

Archives,  cxi., 
.t47.     Legisla- 
tive Records  of 
the  Council, 
xxvi..  HI,  137. 
House  .Jour- 
nal, pp.  176, 219, 
220,  223. 


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

Eead  and 

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

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


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  77 


CHAPTEE    149. 

ORDER  ALLOWING  ACCOUNT  OF   THE   GUARDIANS   OF    THE   PLYMOUTH 
COUNTY   INDIANS. 

An  Account  of  the  Guardians  of  the  ludiaus  in  the  County  of  i|s'^'^"''('t, 
Plymouth  Signed  Josiah  Edson,  Nath'   Smith,  Jn°  Turner  having  Council, xxtl, 
been  presented  for  allowance:  the  following  Order  passed  thereon  ArcWv'eBr' 

y\l}^  xxxiii,,  ;iti5. 

Eead  and  Mass. 

Ordered  that  the  within  Ace'  be  allowed,  and  that  the  ballance  xxxiiLflk. 
due  to  the  said  Indians  being  one  hundred  and  thirty  one  pounds  ^  °i"p!  afu"^" 
Nineteen  Shillings  and  one  farthing  tlie  within  named  Guardians  I'roVince 
are  still  to  be  accountable  for.      [^Passed  January  27.  chiv^.'ia',  note.' 


CHAPTEE    150. 

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

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

Read  and 

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


CHAPTEE    151. 

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

A   Petition    of    Cadwallader   Ford    of    Wilmington       Setting  Legislative 
forth     That  at  an  Inferior  Court  held  at  Pownalboro'  within  and  coSnc'if,  xxll* 
for  the  County  of  Lincoln  in  June  1764  he  brought  his  Action  of  isd. 
Ejectment  against  Joshua  Farnham  of  Woolwich  in  said  County  House  Jour- 
demanding  possession  of  Two  hundred  Acres  of  Land  in  said  Wool-  '"''•  pp- -2''' -2*- 
wich  value  £200  in  which  action  the  Defendant  recovered  Juds;- 


78  Province  Laws  (i?esofees,ete.).  — 1765-6(3.  [Chaps.  152,  153.] 

ment  for  Costs,  from  which  Judgment  the  Petitioner  appealed  to 
the  Superior  Court  held  at  Falmouth  which  Action  came  to  tryal 
in  June  1705,  and  was  committed  to  the  Jury  on  Saturday  after- 
noon; the  Court  then  being  in  hast  to  rise,  and  waiting  only  for  the 
Verdict  of  the  Jury  on  the  said  Action,  which  was  brought  in  against 
the  petitioner,  for  want  of  sufficient  time,  as  some  of  the  Jury  have 
since  declared,  to  examine  the  Case  with  attention,  and  praying  for 
liberty  to  review  the  said  action. 

[Eead  and] 

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


.     CHAPTER    152. 

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

Rlfords'of  the       '^^'^  FOLLOWING  Oeder  passed  on  the  Memorial  of  the  Assessors 
Council, xxvi.,  of  the  Town  of  Bellingham  [in  regard  to  choice  of  town  officers] 

~ viz' 

S.7pp.'Im"!"219,  Resolved  that  the  Order  of  the  General  Court  on  the  19'"  of  June 
"■V"'h  '^'m'  ^^^^  confirming  the  proceedings  of  the  Town  of  Bellingham  at  their 
p--^,c  p.  .  jjgg^jj^g  Q^  ^j-^g  gth  Qf  March  last,  for  the  choice  of  Town  officers, 
and  impowering  the  Selectmen  then  chosen  to  call  a  Town  Meeting 
of  said  Town  for  the  choice  of  all  such  other  Town  Officers  that 
were  not  chosen  on  the  said  sixth  of  March  as  Towns  are  required 
by  Law  to  choose  in  the  month  of  March  annually,  ought  not  to 
be  construed  and  understood  to  impower  the  Town  of  Bellingham 
to  choose  an  additional  number  of  Selectmen  and  assessors  to  those 
chosen  on  the  said  sixth  of  March ;  but  only  of  such  other  kind  of 
Town  Officers  that  were  not  then  chosen,  and  that  all  the  proceed- 
ings and  doings  of  the  said  additional  Selectmen  &  Assessors  be, 
and  are  hereby  declared  illegal  null  and  void:  And  that  the  Select- 
men and  assessors  chosen  by  that  Town  on  the  said  sixth  of  March 
be  deemed  and  adjudged  the  only  legal  Selectmen  and  Assessors  of 
that  Town.     \^Passed  January  28. 


CHAPTER    153. 

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

Legislative  ^  PETITION  of  John  Jov  of  Boston     Setting  fortli    That  he  pre- 

Recoras  or  the    .  i-r,..  ,..-,'^  .,i  uro,-  •  li 

Council,  xxTi.,  ferred  a  Petition  to  this  Court  in  the  last  May  Session,  praying  that 

— he  might  be  inipowered  as  Admin''  of  the  Estate  of  his  Father  John 

BecOTds'onhe  J^y  deceased  late  of  Sherburn,  to  make  Sale  of  his  Real  Estate, 
Council, xxvi.,  for  the  payment  of  debts,  the  said  deceaseds  Estate  being  repre- 
Joiirnai,  seiited  Insolvent,  and  praying  that  he  may  be  inipowered  to  Sell  the 

pp.  176,  ■.>34, 235.  gj^jjjg  accordingly. 


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

Read  and  ...,.,       EawtntiM. 

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


CHAPTEK    ISi. 

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

A  Petition  of  Daniel  Druce  of  Grafton     Setting  forth     That  Legislative 
in  the  year  1760  he  was  a  Soldier  in  the  pay  of  the  Province  at  council^  xxvi^ 
Crown  point,  atid  on  his  return  home  was  taken  ill  of  the  Small  ^rchWes^' 
pox,  which  left  him  with  a  Sore  on  one  of  his  Leggs  that  hath  been  ixs 


growing  worse  ever  since,  and  that  having  expended  what  little  he  Mass. 
had,  he  cannot  now  subsist  without  help.  And  praying  relief.  k^xxJJmo,  693. 

[Read  and]  ?aT'^  "237''23i 

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


CHAPTER    155. 

RESOLVE   REMITTING   TWO   THIRDS    OF    A    JUDGMENT    AGAINST    ALEX= 
ROSS. 

A  Petition  of  Alexander  Ross  Esq'  of  Falmouth     Setting  forth  Legislative 
That  he  presented  a  petition  to  this  Court,  praying  for  the  reversal  council,  xxvif, 
of  a  Judgment  obtained  against  him  by  M'  Theophilus  Bradbury  M£i 


Collector  of  Excise  for  the  County  of  Cumberland  (which  Petition  Recoras'ofthe 
was  considered  and  dismissed  on  the  29*  Ins")  That  he  did  not  attend  council,  xxvi., 
to  the  impropriety  of  the  prayer  of  the  said  petition  depending  on  jommi,^""^^ 
his  Lawyer  who  drew  it  to  jjut  it  into  due  form.  And  praying  that  for  pp- les,  its, 230, 
the  reasons  mentioned  in  his  said  petition,  the  Government  would  '  • 
remit  the  two  thirds  of  the  forfeiture  accruing  to  them;  he  being 
ready  to  jjay  the  one  third  which  belongs  to  the  said  Collector. 

Whereas  Theophilus  Bradbury  Collector  of  Excise  for  the  County 
of  Cumberland  did  in  the  year  1705  obtain  a  Judgment  of  the  Supe- 
rior Court  against  Alexander  Ross  Esq''  of  said  County  on  a  Bond 
given  by  said  Ross  and  one  Cap'  Tobin  who  received  a  permit  to 

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


80 


Froyince  Laws  {Besolves,  etc.).  — 1765-66.  [Chaps.  156,157.] 


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

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


CHAPTER    156. 

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


Legislative 
Records  of  the 
Council,  xxvi., 
146. 

House  Jour- 
nal, 1.1.  -233. 
Province 
Laws,  ii.,  151, 
chap.  10;  xli., 
325,  chap.  145. 


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

[Read  and] 

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


CHAPTBE    157, 


ORDER  ALLOWING   £3  TO   W  LAZELL. 


Legislative 
Records  of  the 
Council,  xxvi., 
149.    Mass. 
Archives, 
Ixxx.,  679, 


Ixxx.,  .578. 
House  .Jour- 
nal, pp.  73, 234, 
23.i.    Province 
Laws,  xvi.,  247, 
chap.  89. 


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

Read  and 


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

Ordered  that  the  Sum  of  three  pounds  be  allowed  and  paid  out 
of  the  publick  Treasury  to  M'  Oliver  of  Middleborough  for  the  use 
of  the  Pet'  in  full  for  the  stoppage  mentioned.    \^Passed  January  31. 


CHAPTER    158. 


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

BOROUGH.  Ke<orilB  of  the 

Council,  xxvl., 
171.    Mass. 

Ordered  that  the  District  of  Northborough  be  furnishd  with  a  ^^u'^_*65l;. 
Sett  of  Province  Laws  at  the  publick  expence.    \^Passed  January  31.^ 


House  Jour- 
nal, p.  232. 


CHAPTER    159. 

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

The  Committee  appointed  the  SS""  Instant  on  the  Petition  of  a  Legislative 
number  of  the  Inhabitants  of  the  first  parish  in  Scarborough,  hav-  councu  xxvl^ 
ing  made  Eeport  the  following  Order  passed  in  consequence  thereof.  ^^ 


[Read  and]  Legislative 

Resolved  ih&i  Timothy  Prout  Esq'  Josepli  Prout  Moses  Plummer,  counc'if.xxvu, 
William  Plummer,  William  Thompson  Esq',  Joshua  Small,  Elisha  "i''ii|.''' Ho'uge 
Libbee,  Richard  Libbee,   Benj^   Blake,  Tho"  Larrabee,  Nathaniel  Journal, pp.  25, 
Libbee,  Joha  Guilford,  Samuel  March,  Sam'  Jones  and  Peter  Libbee  165,217,231,236, 
with  their  Estates  lying  in  the  first  Parish  in  Scarborough  be,  and  Laws^'-xvii""^ 
hereby  are  set  off  to  the  second  parish  in  said  Scarborough,  there  619,  chap.  252. 
to  do  duty  and  receive  priviledge  in  every  respect  until  the  further 
order  of  this  Court,  that  of  voting  for  the  removal  of  the  Meeting 
House,  in  said  second  parish,  or  building  a  new  one  there,  only 
excepted,  in  which  they  shall  have  no  Vote :  Provided  said  second 
parish  shall  receive  them.     \^Passed  February  1. 


CHAPTER    160. 

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

A  Petition  of  Sarah  Morse  of  Berwick  Admin^  of  the  Estate  Legislative 
of  John  Morse  late  of  said  Berwick  Clerk  deceased  Intestate  Set-  couScff  xxv^*^ 
ting  forth    That  the  said  Intestates  Estate  consists  of  a  few  Books,  ifa. 


some  Household  stuff  and  a  Dwelling  House  partly  finished  and  House  Jour- 
about  two  acres  of  Land;  That  there  is  not  a  sufficiency  left  to  pr'oV^nce^' 
finish  the  House  and  support  the  Family  of  the  deceased,  who  left  JifZ^j,'''  ^*^' 
four  small  Children;  And  praying  that  she  maybe  impowered  to 
make  Sale  of  the  said  House  and  Land,  and  improve  the  money 
arising  by  such  Sale  at  interest  for  the  benefit  of  herself  &  Children. 
Read  and 

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


82 


Province  Liaws  (Befiolves,  etc.) .  — 1765-66.  [Chaps.  161,  162.] 


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


CHAPTER    161. 


Legislative 
Records  of  the 
Council,  xxvi., 
150.    Mass. 
Archives,  1., 
■229. 

Mass. 

Arcliives,  I., 
228.    House 
Journal,  pp.  30, 
238. 


ORDER  ALLOWING   £6  TO   GREEN   &   RUSSELL,  PRINTERS. 

A  Petition  of  Green  &  Russell  printers,  Praying  an  allowance 
for  stitching  in  blue  paper  the  Journals  of  the  House  of  Repre- 
sentatives, being  over  and  above  their  Agreement,  as  the  same  used 
to  be  delivered  to  the  Members  of  the  Court  in  loose  Sheets. 

Read  and 

Ordered  that  the  prayer  of  this  Pet"  be  granted  and  that  the  Sum 
of  Six  pounds  be  allowed  and  paid  the  Pet"  out  of  the  publick 
Treasury  accordingly.     \Passed  February  1. 


CHAPTER    162. 

RESOLVE  IMPOWERING  EXP"^  FAIRBANK,  ADM^,  TO  SELL  REAL  ESTATE 
AND  MAKING  PROVISION  IN   REGARD   TO   THE   PROCEEDS. 


Legislative  A  PETITION  of  Experience '  Fairbanks  Widow  and  Admin^  of 

Council,  xxvi.,  the  Estate  of  Jonas  Fairbank  of  Med  way  deceased  and  Guardian 
of  seven  of  his  Children     Setting  forth     That  the  said  deceased 


150. 


mi"pp!^23V238.  '"''^s  ^11  'i^®  l^"f®  ^-i™^  seized  of  a  small  tract  of  Land  consisting  of 
Province  '       nine  Acres  lying  in  said  Medway  and   unimjjroved,  which   Land 
chapel""'     '     now  descends  to  his  Nine  Children,  all  Minors,  and  is  like  to  be 
of  no  advantage  to  them  during  their  Minority:  And  praying  for 
leave  to  Sell  the  same,  the  money  arising  by  such  Sale  to  be  im- 
proved at  interest  for  the  benefit  of  the  Heirs. 
Read  and 

Resolved  that  the  prayer  of  the  Petition  be  granted;  and  the  Peti- 
tioner Experience  Fairbank  in  her  Capacity  be,  and  hereby  is  im- 
powered to  make  Sale  of  the  premises  for  the  most  they  will  Sell 
for;  She  observing  the  Rules  of  Law  for  the  Sale  of  Real  Estates 
by  Exec"  and  Admin",  and  to  make  and  Execute  a  good  Deed  or 
deeds  thereof  in  the  Law,  She  first  giving  security  to  the  Judge 
of  Probate  for  the  County  of  Suffolk  that  the  proceeds  arising  by 
such  Sale  shall  be  improved  at  interest  for  the  benefit  of  the  Heirs. 
[Passed  February  1. 

^  The  House  Journal,  p.  237,  reads,  "  Epkraim,** 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  83 


CHAPTEE    163. 

ORDER  ALLOWING   PROVINCE   LAW   BOOKS   TO   SUNDRY  TOWNS.  Legislative 

Records  of  the 

Ordered  that  Becket  Lanesborough  Murry  field  Chesterfield  Ash-  loi.   Mass. 
field,  Wilbraham  Richmond  Williamston  Windham  and  Royalston  ivm.'ssl.' 
be  each  of  them  furnish'd  with  a  Sett  of  the  Province  Laws  at  the  House^Jour- 
IJublick  Expence.     [Passed  February  1.  nai,  p.239. 


CHAPTER    164. 

ORDER  ALLOWING  £60  AND  A  FURTHER  SUM  OF  £16.  5.  4  TO  ROB''  BALL. 

A  Petition  of  Robert  Balls  Praying  an  allowance  for  liis  Service  LeR-isiative 
as  Keeper  of  the  Light  house  for  the  year  past  ending  the  19"'  day  coumff  xxvk 
of  November  last,  which  compleats  his  'd'l^  year  and  praying  a  re-  isi. 
imbursment  of  the  Sum  of  £16.5.4  advanced  for  SO^^  Cord  of  Wood  House  Jour- 
for  the  benefit  of  the  Light.  Pro'vi'nil^^' ^^*" 

Read  and  ch^i^.ut ^"' 

Ordered  that  the  Sum  of  Sixty  pounds  be  granted  out  of  the 
25ublic  Treasury  to  the  Petitioner  for  his  Service  for  one  year  ending 
the  ID"'  of  November  last.  Also  the  Sum  of  Sixteen  pounds,  five 
shillings  and  four  pence  for  thirty  Cord  and  four  feet  of  Firewood. 
[Passed  February  1. 


CHAPTER    165. 

RESOLVE  ALLOWING  £7.  8.  6  TO  COL"  THO'  DOTY. 

A  Petition  of  Col°  Thomas  Doty     Setting  forth   That  in  the  Legislative 
year  1758  he  had  the  Command  of  a  Regiment  in  the  pay  of  the  colinc'if  xxtI" 
Province,  and  was  furnished  with  One  thousand  Blankets  for  his  isi.   Mass. 
Men;  but  as  they  exceeded  that  number,  he  purchased  of  Cap'  Abr:  bcx^x.^loi. 
Jacob  Lansing  eleven  Blankets  to  make  up  the  deficiency.  And  pray-  House  Jour, 
ing  that  he  may  be  reimbursed  the  amount.  n.'ii,pp.235,24i. 

Read  and 

Resolued  That  there  be  Paid  out  of  the  Publick  Treasury  to  the 
Petitioner  The  Sum  of  Seven  Pounds  Eight  Shillings  and  six  pence 
In  full  for  the  Eleven  Blankets  Mentioned  in  the  Petition.  [Passed 
February  1. 


CHAPTER    166. 

RESOLVE   IMPOWERING   RHO.    AVOMSCOM,  INDIAN,  TO    SELL    LAND    AND 
MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Rhoda  Womscom  Indian  woman  and  Widow  of  Legislative 
John  AYomscom  deceased.  Setting  forth.  That  she  is  seized  of  Ten  coSncIf, x'x vl!, 
acres  and  110  Rods  of  Land  in  Natick  as  Heir  to  her  father  John  Archives''' 
Babesuck  deceased.  That  her  husband  before  mentioned  died  in  xxxiu.,  367. 


84 


Province  Ijavts  {Besolves, etc.).  — 1765-66.  [Chaps.  167,  168.] 


Mass. 

Archives, 
xxxiii.,  368. 
House  Jour- 
nal, x>.  237. 
Province 
Laws,  xvi.,  241, 
cliap.  76,  note. 


January  last,  leaving  her  his  House  and  Land  in  Connecticut  where 
she  is  much  better  accomodated  tlian  at  Natick :  that  he  died  about 
four  or  five  pounds  in  debt  which  she  cannot  discharge  without 
making  Sale  of  some  part  of  her  Real  Estate:  And  praying  that 
she  may  be  impowered  to  make  Sale  of  her  said  Land  in  Natick. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  Granted  and  that  the  Petitioner 
is  hereby  Impowered  to  Sell  the  Said  Ten  acres  and  one  hundred 
and  Ten  rods  of  land  therein  mentioned  and  Execute  a  Deed  Thereof 
under  the  Care  and  Inspection  of  John  Jones  and  Joseph  Buck- 
minster  Esq"  Guardians  and  the  Said  Guardians  shall  take  Care 
that  the  Debts  mentioned  in  Said  Petition  be  first  paid  out  of  the 
proceeds  of  said  sale  and  the  overplus  (if  any  be)  shall  be  applied 
by  said  Guardians  for  the  Benifit  of  the  petitioner.  [Passed  Feb- 
ruary 1. 


CHAPTEK    167, 


ORDER  IMPOWERING  JAMES  HISCOCK,  ATTORNEY  AND  GUARDIAN,  TO 
SELL  PART  OF  AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO 
THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxvi., 
152. 

House  Jour- 
nal, ]).  238. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  James  Hiscock  Attorney  of  Eben''  Dickman  Mar- 
iner, now  absent,  and  Guardian  of  John  Dickman  a  Minor  Brothers 
and  joint  Heirs  to  a  small  Real  Estate  in  Boston  setting  forth  That 
the  said  Estate  needs  considerable  reiDairs,  and  is  so  situated  as  to 
be  continually  liable  to  damage  from  the  Sea,  and  when  in  repair 
will  not  bring  in  so  much  as  the  Interest  of  the  Money:  That  he 
apprehends  it  to  be  for  the  interest  of  the  minor  that  the  said 
Estate  should  be  Sold,  and  he  is  fully  impowered  by  the  elder 
Brother  to  make  Sale  of  his  Interest  therein.  And  praying  that 
he  may  be  enabled  as  Guardian  to  the  Minor  to  make  Sale  of  his 
share,  also  in  the  said  Estate. 

Read  and 

Ordered  that  the  prayer  of  the  Petition  be  granted;  and  the  Peti- 
tioner be,  and  hereby  is  impowered  to  sell  the  within  mentioned 
John  Dickman's  part  of  the  premises,  together  with  the  other  part 
thereof,  and  to  make  and  Execute  a  good  Deed  thereof  in  Law,  he 
observing  the  Rules  of  Law  for  the  Sale  of  Real  Estates  by  Exec- 
utors &  Administrators  and  giving  due  caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Suffolk  that  the  proceeds  arising  from  such 
Sale  shall  be  secured  for  the  benefit  of  the  said  Minor.  \_Passed 
February  1. 


CHAPTEK    168. 

RESOLVE  IMPOWERING  JOHN  BAKER  AND  JOHN  RANSHON  SIGOURNEY, 
GUARDIANS,  TO  SELL  MINORS  INTEREST  IN  REAL  ESTATE  AND  MAK- 
ING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxvi., 
155. 

House  Jour- 
nal, p.  244. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  John  Baker  of  Boston  Guardian  to  Peter  Anthony 
and  Andrew  Sigourney  Minors  and  Children  of  Anthony  Sigourney 
deceased,  and  of  John  Ranshou  Sigourney  of  Boston  Guardian  to 
Hannah,  Charles  and  Andrew  Sigourney  Minors  and  Children  of 
Andrew  Sigourney  jun'  deceased  Setting  forth.  That  the  said 
minors  in  right  of  their  said  Fathers  deceased  are  interested  in  a 


[3d  Sess.]     Province  Laws  {Resolves^  etc.).  — 1765-66.  85 

certain  Brick  House  situate  in  Prince  Street  in  the  Northerly  part 
of  Boston :  That  the  said  House  requires  constant  Kepairs  and  is 
not  capable  of  being  improved  to  the  advantage  of  the  said  Minors, 
and  the  other  Heirs  are  about  selling  their  parts  thereof.  And  pray- 
ing that  they  the  said  Guardians  may  be  impowered  to  make  Sale 
of  the  said  Minors  interest  in  the  premises. 
Eead  and  ' ' 

Resolved  That  the  prayer  of  the  Petition  be  granted :  and  that 
the  Petitioners  in  their  capacity  as  Guardian  be,  and  hereby  are 
fully  authorised  and  impowered  to,  make  Sale  of  the  Minors  within 
mentioned  their  Interest  in  the  Real  Estate  mentioned  in  the  Peti- 
tion for  the  most  the  same  will  fetch,  and  make  and  execute  a  good 
Deed  or  deeds  for  the  same,  they  observing  the  directions  in  the 
Law  for  the  Sale  of  Real  Estates  by  Exec"  and  Admin"  and  giving 
sufficient  security  to  the  Judge  of  Probate  for  the  County  of  Suf- 
folk that  the  money  arising  by  the  Sale  thereof  be  put  out  to  In- 
terest upon  good  security  for  the  benefit  of  said  Minors.  [.Passed 
February  4. 


CHAPTEK    169. 

EESOLVE    IMPOWERING    GEORGE    HARPER,   CONSTABLE,   TO    COLLECT 
TAXES   IN   DISTRICT   OF   OAKHAM. 

A  Petition  of  Alexander  Crawford  and  others  Assessors  of  the  Legislative 
District  of  Oakham    Setting  forth    That  after  they  had  committed  coIXlf  xlv*!^ 
the  Taxes  for  1764  to  the  Constable  chosen  for  that  year  to  collect,  i!i7. 
they  discovered  a  great  mistake  in  the  proportion  of  said  Taxes  House  .Jour. 
among  the  Inhabitants,  whereupon  they  took  back  the  List  to  rec-  "^'-p-'^^^- 
tify  the  mistakes,  but  before  they  had   comfjieated  it,  the  time 
arrived  for  the  choice  of  new  Constables.  The  Petitioners  however 
committed  the  said  Taxes  to  the  Constable  chosen  for  1764  to  col- 
lect but  as  a  doubt  has  arisen  as  to  the  legality  of  this  proceeding, 
they  i^ray  the  interposition  of  this  Court  in  order  to  render  the 
same  valid  and  effectual. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  , 

George  Harper  Constable  of  the  District  of  Oakham  for  the  year 
1764  be  and  hereby  is  fully  authorised  and  impowered  to  collect 
and  Levy  the  Taxes  on  the  Inhabitants  &  Estates  of  said  District 
for  said  year,  and  committed  to  him  to  collect  by  Alexander  Craw- 
ford, James  Bell  and  William  Banks  assessors  thereof  in  as  full  and 
ample  a  manner  as  he  might  or  could  have  done  in  Law,  had  the 
Tax  Bills  been  committed  to  him  seasonably  before  his  time  by  Law 
had  been  expired.     [Passed  Feiruary  4. 


CHAPTEK    170. 

ORDER   ALLOWING  PROVINCE   LAW   BOOKS   TO   THE  TOWN  OF   TYRING-  Leslslative 

HAM.  Records  of  the 

Council,  xxvi., 
158. 

Ordered  that  the  Town  of  Tyringham  be  furnished  with  a  sett  House  Jour- 
of  the  Province  Laws  at  the  public  Expence.     [Passed  Feiruary  4.  °a'>  p-  '■^7. 


86 


Pkovince  Laws  (i^esofoes,  ete.). — 1765-66.  [Chaps.  171-173.] 


Legislative 
Records  of  tiie 
Council,  xxvi., 
137,  159. 

Legislative 
BecordB  of  the 
Council,  xxvi., 
143.     HouBe 
Journal, 
pp.  aiO,  234, 249. 


CHAPTEK    171. 

ORDER  WITH   STAY  OF  EXECUTION   ON   PETITION    OF   JOHN    JEFFRIES, 
ESQ^  AND   OTHERS,  IN   REGARD   TO   A   REVIEW   OF   AN   ACTION. 

A  Petition  of  John  Jeffries  Esq'  and  others  Proprietors  of  Ent- 
land  Setting  forth  That  Stejjheu  Minot  of  Boston  brought  his 
Action  against  them  at  the  Inferior  Court  held  in  Boston  in  April 
last  for  Sixty  one  pounds,  twelve  shillings  &  eleven  iJence  due  as 
he  saith,  for  Services  done  for  them  by  his  Father  in  Law  Jonas 
Clark  Esq'  late  of  Boston  deceased ;  which  Action  was  carried  by 
Demurrer  up  to  the  Superior  Court  where  contrary  to  their  expec- 
tation, while  M'  Otis  their  attorney  was  absent  on  afiairs  of  the 
Government,  the  case  was  called  and  Judgment  went  against  them 
by  default  for  the  said  Sum  of  Sixty  one  pounds  twelve  shillings 
and  eleven  pence,  and  Costs,  Whereupon  they  have  brought  their 
Action  of  Review  to  the  next  Superior  Court  to  be  holden  at  Bos- 
ton. And  praying  that  Execution  may  be  stayed  till  final  Judgment, 
upon  the  Petitioners  giving  Bail  Bond  to  the  Clerk  of  the  Court 
aforesaid  to  resiiond  the  Judgment  (if  any  be)  that  may  be  obtained 
against  them 

The  Committee  appointed  the  31'*'  of  January  on  the  petition 
of  John  Jeffries  Esq'  and  others  proprietors  of  Rutland  praying 
that  an  Execution  obtained  against  them  by  Stephen  Minot  may 
be  stayed  'till  final  Judgment,  having  made  Report  the  following 
Order  passed  thereon  viz' 

Read:  And  thereupon 

Ordered  that  the  Execution  in  the  petition  mentioned  be  stayed 
until  Judgment  on  the  Review  of  the  Action  be  given;  provided 
the  Petitioners  do  within  ten  days  give  such  Bond  as  by  Law  they 
ought  [to]  '  have  done  in  order  to  prevent  the  Executions  issuing. 
[Passed  February  5. 


Legislative 
Records  of  the 
Council,  xxvi., 
1S9.    Mass. 
Archives, 
xliv.,  592. 


CHAPTER    172. 

RESOLVE  ALLOWING   £800  TO  THE  JUSTICES. 

Resolved,  That  the  Sum  of  Eight  hundred  pounds  be  granted, 
and  paid  out  of  the  publick  Treasury  to  the  honorable  Justices  of 
the  Superior  Court  of  Judicature,  Court  of  Assize  and  General 
Goal  Delivery  for  their  Services  for  one  Year,  ending  the  first  Day 
[of] "  January.     [Passed  Febrtiary  5. 


CHAPTER    173 


RESOLVE   ALLOWING   £40  TO   THE   CHIEF   JUSTICE. 

Legislative  Resolved  that  the  Sum  of  forty  pounds  be  granted  and  paid  out 

Councif, x.xvif,  of  the  publick  Treasury  to  the  Hon'''^  Thomas  Hutchinson  Esq'  in 
Archi^^s^^'  consideration  of  his  faithful  discharge  of  the  important  trust  re- 
xiiv.,  593.'  posed  in  him  as  Chief  Justice  and  for  his  further  encouragement 
therein.     [Passed  Febrtiary  5. 


House  Jour- 
nal, p.  252. 


Inserted  from  the  House  Journal,  p.  249. 
Inserted  from  Legislative  Records  of  the  Council,  ; 


160. 


[3d  Sess.]     Province  Laws  {Besolves,  etc.).  —  1765-66.  87 


CHAPTBK    174. 

RESOLVE   ALLOWING   £50   TO   THE   SECRETARY. 

Resolved  that  the  Sum  of  Fifty  pounds  be  granted  and  allowed  fe'^sisiative 

1  -n         ,i?,i  iTm  1TTI14      1  /-\i'  Records  of  the 

to  be  paid  out  of  the  public  ireasury  to  the  Hon''"'  Andrew  (Jliver  council, xxvi., 

Esq'  Sicretary  of  this  Province  for  his  Services  for  one  year  end-  — 

ing  the  sixth  day  of  Decern''  last.     [Passed  February  5.  Su"ix25("'^" 


CHAPTEK    175. 

RESOLVE  ALLOWING   £90  ADDITIONAL  TO   THE   SECRETARY.  LeglBlative 

Eecords  of  the 

Resolved  that  the  Sum  of  Ninety  pounds  be  granted  and  allowed  leo. 
to  be  paid  out  of  the  public  Treasury  to  the  Hon'"'"  Andrew  Oliver  House  Jour- 
Esq'  Secretary  of  this  Province  in  consideration  of  his  extraordinary  "tpra.'^eiiap. 
Services  to  the  sixth  day  of  December  last.      [Passed  February  5.     i"*- 


CHAPTEE    176. 

RESOLVE   ALLOWING   £267  TO   THE  TREASURER. 


Resolved,  That  the  Sum  of  Two  hundred  and  sixty  seven  pounds  LegiBiative 
be  granted  and  allowed  to  be  paid  out  of  the  publick  Treasury  to  coSnc'if  xlv"!* 
the  honorable  Harrison  Gray,  Esq'  Treasurer  and  Receiver  General  leo.   Mass. 
of  His  Majesty's  Revenues  of  this  Province,  for  a  Year's  Service,  end-  ^5?''"'^^'  "^•• 
ing  the  twenty  third  Day  of  December  last.     [Passed  February  5.  House  Jour. 


CHAPTEE    177. 

RESOLVE   ALLOWING  4/  PER   DIEM  TO   THE   SPEAKER  OF   THE    HOUSE. 

In  the  House  of  Representatives.  Legislative 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  couuclf.xxv'it 
public  Treasury  the  Sum  of  four  shillings  per  diem  to  the  Hon'"'"  "^o- 
Samuel  White  Esq'  Speaker  of  the  House  for  every  day  of  his  attend-  House  Jour, 
ance  in  the  General  Court  from  the  opening  of  the  Session  on  the  "*•*'"' 
29""  day  of  May  1765  over  and  above  his  pay  as  Member  of  this 
House. 

In  Council,  Read  and  Concurred.      [Passed  February  5. 


88 


Province  IjAV/s  (Besolves,  etc.).  — 1765-66.  [Chaps.  178-181.] 


CHAPTER    178. 

RESOLVE  ALLOWING   £90  TO   THE   CLERK  OF  THE  HOUSE. 

Legieiative  Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 

Council, xxTi.,  public  Treasury  the  Sum  of  Ninety  pounds  to  Rowland  Cotton  Esq' 

^— Clerk  of  the  House  of  Representatives  for  his  Service  during  the 

nai"p!25i"       several  Sessions  for  the  current  year.      [Passed  February  5. 


CHAPTER    179. 


Legislative 
Becords  of  the 
Council,  xxvi., 
161.    Mass. 
Archives, 
IvUi..  553a. 

House  Jour- 
nal, p.  250. 


RESOLVE  ALLOWING   £200  TO  THE   PRESIDENT   OF   HARVARD  COLLEGE. 

Resolved,  That  the  Sum  of  two  hundred  pounds  be  granted  and 
allowed  to  be  paid  out  of  the  publick  Treasury,  to  the  Reverend 
Edward  Holyoke,  President  of  Harvard-College,  over  and  above  the 
Rents  of  Massachusetts-Hall,  for  one  Year,  ending  the  tenth  Day 
of  September  next,  to  be  paid  Quarterly.     \^Passed  February  5. 


Legislative 
Records  of  the 
Council,  xxvi., 
161.    Mass. 
Archives, 

Ivlll.,  S54a. 

House  Jour- 
nal, p.  251. 


CHAPTER    180. 

RESOLVE  ALLOWING   £100   TO   THE   PROFESSOR  OF    MATHEMATICS    AT 
HARVARD    COLLEGE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of 
the  publick  Treasury,  to  John  Wiuthrop,  Esq'  Hollisian-Professor 
of  the  Mathematicks  and  Natural  Philosophy  at  Harvard  College 
in  Cambridge,  the  Sum  of  one  hundred  pounds  as  a  Gratuity,  in 
Consideration  of  his  faithful  Discharge  of  the  great  and  important 
Trust  reposed  in  him,  and  for  his  further  Encouragement  therein. 
\^Passed  February  5. 


CHAPTER    181 


Legislative 
Becords  ol the 
Council,  xxvl., 
161.    Mass. 
Archives,  xlv., 


House  Jour- 
nal, p.  261. 


RESOLVE  ALLOWING  £12  TO  THE  CHAPLAIN  OF  THE  TWO  HOUSES. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury,  the  Sum  of  twelve  pounds  to  the  Reverend  Andrew 
Eliot,  Chaplain  to  the  honorable  Board,  and  the  honorable  Hous 
of  Representatives  the  current  Year.     \^Passed  February  5. 


[3d  Sess.]     Provinoe  Laws  {Resolves,  etc.).  — 1765-66.  89 


CHAPTER    182. 

RESOLVE   ALLOWING    £50   TO    THE    PROFESSOR    OF    DIVINITY    AT    HAR- 
VARD  COLLEGE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  Legislative 
the  publick  Treasury  to  the  Reverend  Edward  Wigglesworth,  Holli-  councif,  xxvi., 
sian  Professor  of  Divinity  at  Harvard  College  in  Cambridge,  the  Areiuv'ee?' 
Sum  of  fifty  pounds  as  a  Gratuity,  in  Consideration  of  his  faithful  lYiii.,  554' 
Discharge  of  the  great  and  important  Trust  reposed  in  him  for  half  House  .lour- 
a  year  past  ending  at  this  time.     \^Passed  February  5.  .  p-  » • 


.     CHAPTER    183. 

RESOLVE  ALLOWING   £50  TO  THE   LIEUTENANT  OF  CASTLE  WILLIAM. 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  the  Sum  of  Fifty  pounds  to  John  Phillips  Esq'  Lieutenant  of  cSunc'if, xxvi! 

his  Majestys  Garrison  at  Castle  William  in  consideration  of  his  faith-  ^^i^ 

ful  discharge  of  that  trust.     \ Passed  Fehruarii  5.  House  Jour- 

■=  L  ^  „j,l^  p  .251 


CHAPTER    184. 

RESOLVE   ALLOWING   £40  TO  THE   CHAPLAIN   OF  CASTLE   WILLIAM. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick  R*fj,^rds"oniie 
Treasury,  the  Sum  of  forty  pounds  to  M'  Christopher  Bridge  council,  xxvi., 
Marsh,  Chaplain  at  his  Majesty's  Castle  William,  for  one  Year,  in  Arciuves?xiv., 
Consideration  of  his  faithful  Discharge  of  that  Trust.     \_Passed  ^^ 

Felruary  5.  House  Jour- 

•^  nal,  p.  262. 

CHAPTER    185. 

ORDER  IMPOWERING   EB"  AYER,  AND  OTHERS,  TO   BRING  FORWARD   A 
WRIT   OF   REVIEW. 

The  Committee  appointed  the  31°'  of  January  on  the  petition  Legislative 
of   Ebenezer  Ayer   and    others    of  Pepperelborough   \_ante,  p.   62,  councn"  xxv'l 
chap.  116]  having  made  Report  the  following  Order  passed  thereon  lea. 


VIZ  House  Jour- 

Read  and  Accepted:  And  ^^n'trp-.M,'^^"' 

Ordered  that  the  prayer  of  said  petition  be  so  far  granted  as  that  '='"'?•  i^^- 
the  Petitioners  be  fully  impowered  to  bring  forward  the  Action  in 
said  petition  mentioned  &c  at  the  next  Superior  Court  of  Judica- 
ture Court  of  assize  &c  to  be  held  at  York  in  and  for  said  County 
of  York  on  the  first  Tuesday  of  July  next,  as  fully  as  if  the  appeal 
had  been  made,  and  the  Appellants  the  present  petitioners  had  entered 
into  recognizance  to  prosecute  the  same  according  to  Law  from  a 
Judgment  of  the  Liferior  Court  of  Common  pleas  held  at  Bideford 
on  the  second  Tuesday  of  October  last  upon  the  Writ  of  Ejectment 
in  said  petition  mentioned :  And  that  the  Justices  of  said  Superior 


90 


Province  Laws  {Resolves, etc.).  — 1765-66.  [Chaps.  186,  187.] 


Court  of  Judicature  &c  be  impowered  to  hear  aud  determine  the 
same  upou  the  merits  of  said  Cause,  and  then  only  to  all  intents 
and  purposes  whatsoever  as  fully  as  if  said  Apjjeal  had  been  claimed 
and  Recognizance  entered  into  at  said  Inferior  Court  in  time  and 
manner  as  the  Law  directs :  And  all  proceedings  had  or  precept  issued 
in  consequence  of  said  Judgment  be  and  they  are  hereby  sujaerseded 
and  declared  void.     [Passed  February  7- 


Legislative 
Records  of  the 
Council,  xxvi., 
155,  165. 

House  .Tour 
nal,  pp.'245, 246, 
261,  26-2.  Prov- 
ince Laws,  xii., 
455,  chap.  229; 
816,  chap.  96. 


CHAPTER    186. 

ORDER    OF    NOTICE    WITH    STAY    OF    PROCEEDINGS   ON    THE    PETITION 
■    OF  THE   PROPRIETORS    OF    PITTSFIELD    IN    REGARD    TO    A    WRIT    OF 
EJECTMENT. 

A  Petition  of  the  proprietors  of  the  settling  Lots  of  Boston 
Township  N°  3  now  called  Pittsfield  setting  forth  That  the  said 
Township  was  sold  by  the  Town  of  Boston  in  1737  to  Jacob  Wen- 
dell Esq'  who  admitted  as  partners  in  said  purchase  John  Stoddard 
and  Philip  Livingston  Esq"  That  the  said  Philip  Livingston  was 
impowered  by  his  partners  to  lay  out  60  Lots  of  100  Acres  each  to 
be  disposed  of  to  Settlers,  that  the  said  Livingston  being  disappointed 
of  some  Dutch  Settlers,  did  at  length  give  to  Joseph  Huston  three 
of  the  best  of  said  Lotts,  and  Sold  to  said  Huston,  Lee  &  Root 
forty  more  of  them  obliging  them  to  do  two  thirds  of  the  duty 
enjoined  by  the  Government  upou  said  Township.  That  the  duty 
is  performed  on  the  said  Lots  respectively;  but  on  some  pretence 
or  other  to  their  great  surprize  the  Heirs  of  John  Stoddard  Esq' 
deceased  have  brought  a  Writ  of  Ejectment  against  one  of  the  Set- 
tlers who  hath  done  more  than  ten  times  the  duty  required  by  the 
Court  of  any  one  Settler,  which  they  apprehend  to  be  a  prelude 
of  further  difficulties.  And  praying  the  interposition  of  this  Court 
for  their  Relief. 

The  Committee  appointed  the  4'-''  Instant  on  the  petition  of  the 
proprietors  of  the  settling  Lots  in  Pittsfield  having  made  Report, 
the  following  Order  passed  thereon  viz' 

Read  and  accepted :  And 

Ordered  that  the  petitioners  serve  the  Admin'  on  the  Estate  of 
the  Hon'"'''  John  Stoddard  Esq'  and  the  Exec"  of  the  Estate  of 
Jacob  Wendell  Esq'  deceased  with  Copies  of  this  Petition  that  they 
shew  cause  if  any  they  have  on  the  second  Wednesday  of  the  next 
May  Session  of  the  General  Court  why  the  prayer  thereof  should 
not  be  granted;  and  that  all  further  proceedings  on  the  Writ  of 
Ejectment  mentioned  in  said  petition  be  stayed  in  the  meantime. 
[Passed  February  10. 


CHAPTER    187. 

ORDER  ACCEPTING   REPORT    ON    THE    PETITION    OF    JOSEPH    BILLINGS, 
GUARDIAN   OF   PUNCAPAUG   INDIANS. 


A  Petition  of  Joseph  Billings  Guardian  of  the  punkapog  Indians, 
_  raying  the  further  Order  of  this  Court  with  regard  to  a  C( 
of  money  due  from  Samuel  NilesEsq'  to  the  said  Indians. 


Legislative 

councif,xxvi^,  praying  the  further  Order  of  this  Court  with  regard  to  a  certain  Sum 

164.    Mass.  "         ■  ~  ~  "  .---. 

xxxiii.,362,363.      The  Committee  On  the  petition  Of  Joseph  Billings  beg  leave  to 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  91 

report.  That  they  are  uuanimously  of  the  Opinion  that  Samuel  Niles  Mass. 
Esq"'  has  discharged  himself  by  payments  made  to  the  said  Joseph  xxxm^raso. 
as  Guardian  to  the  Punkapog  Indians  Of  tlie  sum  of  four  pounds  Kefords'oUhe 
Eighteen  Shillings  in  part  of  the  £7.11.10i/l>  mentioned  in  said  councii.xxvi., 

Josephs  petition.  journal,^™'" 

And  that  therefore  these  remaing '  due  from   the  said  Samuel  pp- '-59, -iei. 
Only  the  Sum  of  Two  pounds  thirteen  shillings  &  ten  pence  half 
penny;  upon  the  payment  of  which  the  said  Niles,   Ought  to  be 
fully  discharged 

And  the  said  Joseph  be  held  Accountable  for  the  said  Sum  of 
four  pounds  Eighteen  shillings,  &  for  all  Other  sums  w'*'  he  has 
already  received ;  &  not  Accounted  for,  or  may  hereafter  receive, 
to  the  Use  of  the  Said  Indians,  w*^*"  is  Submitted 

By  N  Sparhawk  ,p  order 

Read  and  Accepted  And 

Ordered  That  Samuel  Niles  Esqr  withinment''  be  dii-ected  to  pay 
to  M'  Joseph  Billings,  Guard"  of  the  Punkapog  Indians  the  Sum 
of  Two  pounds  thirteen  shilh"s  &  ten  pence  half  peny,  and  that  he 
be  thereupon  discharged  of  all  Sums  which  he  the  s"^  Samuel  had 
receiv'd  on  acco'  of  the  s**  Ind"^ 

And  further 

Ordered  That  the  said  Joseph  Billings  be  held  to  account  for  the 
Sum  of  Four  pounds  eighteen  shill^s  which  he  had  rec"*  of  the  s'' 
Samuel,  and  for  all  other  sums  rec"*  by  him  as  Guardian  aforesaid, 
and  not  yet  accounted  for,  and  for  such  other  Sums  which  he  may 
hereafter  receive  for  the  use  of  the  a"^  Indians.    [Passed  Feiruary  10.'' 


CHAPTER    188. 

RESOLVE  THAT  THE  PROVINCE  TREASURER  GIVE  BOND  WITH  SURETIES 
AND   APPOINTING   A   COMMITTEE   TO   EXAMINE   THE   SAME. 

In  the  House  of  Representatives.  Legislative 

Resolved  That  no  person  who  shall  be  chosen  by  this  Court  into  colmctf, xxt'l, 

the  office  of   Treasurer  &  Receiver  General  for  this  Province  for  '^^ 

the  present  year  shall  be  esteemed  duly  qualified  to  enter  vipon  the  House  Jour. 
Execution  of  that  office  until  he  shall  first  have  an  Oath  Admin-  Antei'-p.i. 
istred  to  him  for  his  faithful  performance  of  his  said  office,  and  (ggC"'  *^'^''''' 
shall  give  Bond  with  sufficient  Sureties  to  the  acceptance  of  a  Com- 
mittee appointed  by  this  Court  for  that  purpose  in  the  Sum  of  Thirty 
thousand  pounds  lawful  money  to  the  three  eldest  Councellors  in 
the  Province  for  the  time  being,  who  are  hereby  appointed  a  Com- 
mittee in  behalf  of  the  Province,  and  especially  authorised  for  this 
purpose,  which  Bond  shall  be  conditioned  for  such  Treasurers  truly 
and  faithfully  discharging  the  duty  of  his  office  according  to  Law, 
and  for  his  rendring  an  account  when  and  so  often  as  he  shall  be 
required  by  the  General  Court  of  all  sucli  Sum  or  Sums  of  money 
as  he  shall  from  time  to  time  receive  into  the  Treasury,  and  for  his 
well  and  truly  paying  to  his  Successor  in  said  office  or  to  any  other 
person  that  may  be  appointed  by  the  General  Court  to  receive  the 
same,  all  such  Sum  or  Sums  of  money  as  upon  such  Settlement  of 
his  said  Accounts  or  otherwise  shall  be  found  due  and  payable  from 

I  ■'*"'• 

-  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  21. 


92 


Province  1j\v;?,(, Resolves, etc.).  — 1765-6(5.  [Chaps.  189-192.] 


him  to  this  Province.  Providetl  that  the  said  Bond  be  put  in  suit 
within  three  years  next  after  the  date  hereof,  otherwise  to  be  void, 
and  of  no  effect;  and  that  M'  Hall  and  Col°  Brown  with  such  as 
the  Hon'^'''  Board  shall  join  be  a  Committee  to  judge  of  the  suffi- 
ciency of  such  as  may  offer  to  become  Sureties  for  the  Treasurer 
as  aforesaid. 

In  Council,  Eead  and  Concurred,  and  Thomas  Flucker  Esq'  is 
joined  in  the  affair.     [^Passed  February  11. 


CHAPTER    189, 


Legislative 
Records  of  the 
Council,  xxvi., 
168.    Mass. 
Archives,  civ., 
.S73. 

House  Jour- 
nal, p.  264. 


VOTE   CHOOSING  HARRISON  GRAY  PROVINCE  TREASURER. 

Pursuant  to  the  Agreement  of  the  two  Houses  they  proceeded 
to  the  choice  of  Civil  Officers  for  the  present  Year,  and  first  of  a 
Treasurer  and  Receiver  General  for  the  Province,  when  Harrison 
Gray  Esq'  was  chosen  by  a  Major  Vote  of  the  Council  and  House 
of  Representatives.     [Passed  Febrziary  11. 


CHAPTER    190. 


Legislative 
Records  of  the 
Council,  xxvi., 


House  .Jour- 
nal, p.  264. 


VOTE   CHOOSING  THOMAS    HUBBARD    OFFICER    FOR    PURCHASING    PRO- 
VISIONS  FOR   FORTS   AND   GARRISONS. 

Pursuant  to  agreement  of  the  two  Houses,  they  proceeded 
to  the  choice  of  Civil  officers  for  the  present  year,  when  Thomas 
Hubbard  Esq'  was  chosen  the  officer  for  purchasing  provisions  &c 
for  the  several  Forts  and  Garrisons  by  a  major  part  of  the  Votes  of 
the  Council  and  House  of  Representatives.     [Passed  February  11. 


CHAPTER    191 


Legislative 
Records  of  the 
Council,  xxvi., 


House  Joor- 
nal,  p.  264. 


VOTE   CHOOSING  JAMES   RUSSELL  COMMISSIONER  OF  IMPOST. 

Pursuant  to  Agreement  the  two  Houses  proceeded  to  the 
choice  of  Civil  officers  for  the  present  year,  when  James  Russell 
Esq'  was  chosen  Commissioner  of  Impost  by  a  Major  part  of  the 
Votes  of  the  Council  and  House  of  Representatives.  [Passed  Feb- 
ruary 11. 


CHAPTER    192. 


Legislative 
Records  of  the 
Council,  xxvi., 
168.    Mass. 
Archives,  cxx., 
576. 


VOTE    CHOOSING    TRUCKMASTERS    AT    FORT    POWNALL    AND    FORT 
HALIFAX. 

The  two  Houses  according  to  Agreement  proceeded  to  the  choice 
of  Civil  officers  for  the  present  year,  when  Thomas  Goldthwait  Esq' 
was  chosen  Truckmaster  for  Fort  Pownall  and  William  Lithgow 
Esq'  for  Fort  Halifax  by  a  Major  vote  of  the  Council  and  House  of 
Representatives.      [Passed  February  11. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  93 


CHAPTEE    193. 

VOTE   CHOOSING  COLLECTORS  OF  EXCISE   FOR  ALL  COUNTIES. 

According  to  Agreement  the  two  Houses  proceeded  to  the  Legislative 
Choice  of  Civil  oflBcers  for  the  present  year,  when  the  undermen-  counr^f  xxw." 
tioned  persons  were  chosen    Collectors    of   Excise   on    Spirituous  i6i^-  Mass.     ' 
Liquors  &c  for  the  several  Counties  as  hereafter  mentioned  by  a  676.        '  '''^'' 
Major  Vote  of  the  Council  and  House  of  Representatives.  House  jour. 

nal,pp.264,266. 

County  of 

Suffolk       .         .         .     ' M'  Thomas  Fletcher 

Essex M'  Thomas  Porter 

Middlesex M""  John  Remington 

Hampshire M""  Lewis  Bliss 

Worcester M'  Levi  Willard 

Plymouth Cap'  Nath'  Little 

Barnstable M'  Enoch  Hallet 

Bristol M''  Thomas  Gilbert  jun^ 

York M'  David  Sewall 

Dukes  County M"*  James  Allen  jun"" 

Nantucket Obed  Hussey  Esq' 

Cumberland M'  Theophilus  Bradbury 

Lincoln M'  Thomas   Mouhon. 

Berkshire M'  Israel  Dickinson 


[^Passed  February  11. 


CHAPTEE    194. 

VOTES   CHOOSING   NOTARIES  PUBLIC. 


The  TWO  Houses  according  to  Agreement  proceeded  to  the  choice  Legislative 
of  Civil  officers  for  the  present  year  when  the  under  mentioned  per-  Records  of  tiie 

1  11  n     1   T        -\^  ■  1  •  T^  /.      1  ^  -1    Council,  XXVI., 

sons  where    chosen  rubhc  JNotaries  by  a  major  V  ote  of  the  Council  i«9-   Mass. 
and  House  of  Representatives.  xUv!','594!' 

House  Jour- 
Suffolk  nal,pp.266,267. 

For  the  port  Boston f  Ezekiel  Goldthwait  Esq' 

^  (Ml  Henry  Allme  jun' 

f  Salem John  Nutting  Esq' 

i  Ipswich M'  Samuel  Sawyer 

Essex  ■!  Marblehead John  Chipman  Esq' 

Newbury William  Atkins  Esq' 

[  Glocester Daniel  Witham  Esq' 

Plymouth      Plymouth Edward  Winslow  Esq' 

■R._„_f,v,i_  f  Barnstable Solomon  Otis  Esq' 

uarnstaDle  j  j-^ij^oyth Thomas  Smith  Esq 

Bristol ni'.°™'"T.^,!''''S  ^"J 

I  Elisha  Tobey  Esq' 

Dukes  County  Edgartown John  Norton  Esq 

Nantucket Obed  Hussey  Esq' 

C  York Daniel  Moulton  Esq' 

York  I  Kittery Charles  Chauncy  Esq' 

I  Wells John  Wheelwriaht  Esq 

Cumberland  Falmouth Stephen  Longfellow  Esq' 

Lincoln M'  Thomas  Moulton 

[Passed  February  11. 


94 


Province  Laws  {Resolves,  etc.).  — 1765-6(5.  [Chaps.  195,  196.] 


CHAPTEK    195 


RESOLVE   ADJOURNING   COURTS   IN   BRISTOL  COUNTY. 


Logialatlve 
Records  of  the 
Couucil,xxvi., 
170. 

Houae  Jour- 
nal, p.  268. 
Province 
Laws,  iv.,  737, 
chap.  20;  v., 
66,  uote. 


Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe- 
rior Court  of  Common  pleas  are  by  Law  appointed  to  be  held  at 
Taunton  in  the  County  of  Bristol  on  the  third  Tuesday  of  February 
Instant ;  and  it  is  apprehended  that  but  little  if  any  business  will 
be  done  at  said  Court,  and  it  is  also  probable  the  General  Court  may 
be  then  sitting,  and  many  of  the  Members  of  the  said  General  Court 
are  also  concerned  in  the  said  Courts  to  be  held  at  Taunton  in  the 
County  of  Bristol  aforesaid. 

Wherefore 

Resolved  That  the  said  Court  of  General  Sessions  of  the  peace 
and  Inferior  Court  of  Common  pleas  which  by  Law  are  to  be  held 
at  Taunton  aforesaid  on  the  said  third  Tuesday  of  February  instant 
be,  and  hereby  are  adjourned  to  the  first  Tuesday  of  May  next  to 
be  held  at  the  Court  House  in  the  said  Town  of  Taunton  at  ten  of 
the  Clock  in  the  forenoon  of  said  day :  And  all  pleas.  Writs,  Actions 
Suits,  Complaints,  processes,  precepts,  Kecognizances  and  other 
thing  or  things  whatsoever  returnable  or  having  day  or  days  in  the 
said  Courts,  and  which  were  there  to  have  been  proceeded  on,  shall 
stand  valid  and  continue  unto  the  said  Adjournment,  and  be  held, 
deemed  and  adjudged  to  be  as  good,  effectual  and  available  in  Law 
to  all  intents  and  purposes  whatsoever  as  if  such  Court  had  been 
held  and  kept  on  the  day  by  Law  for  holding  the  same,  and  no 
Adjournment  there  of  had  been  made.      [Passed  Feimary  12. 


CHAPTER    196. 

ORDER  WITH  STAY  OF  PROCEEDINGS  IMPOWERING  THE  JUSTICES  OF 
GENERAL  SESSIONS  OF  THE  PEACE  FOR  ESSEX  TO  REVISE  ASSESS- 
MENT  FOR  TAXES   IN   BOXFORD. 


Legislative 
Recorrts  of  tlie 
Council,  xxvi., 


Legislative 
Records  of  the 
Council,  xxvi., 
107,108.   House 


The  Committee  appointed  the  5"^  of  November  last  on  tlie  Peti- 
tion of  the  Town  of  Boxford  for  relief  under  an  assessment  made 
for  a  highway  laid  out  in  said  Town,  made  Eeport;  and  thereupon 
the  following  Order  passed  viz' 

Read  and  accepted :  And  it  appearing  that  the  Town  of  Boxford 

Journal,  pp.  m"  were  not  properly  notified  of  the  time  of  laying  out  the  Highway 

27o' ^l^'jJe'*  *"'  '■!  their  Petition  mentioned,  and  were  also  deprived  of  the  benefit 

p.  39,  chap.  72.   of  an  ancieiit  Record  of  the  said  Highway,  which  has  been  since 

found. 

Ordered  that  the  Justices  of  the  General  Sessions  of  the  peace 
for  the  County  of  Essex  be,  and  they  hereby  are  impowered  at  their 
next  Session  to  cause  a  revisal  of  the  Assessment  upon  the  said  Town 
of  Boxford  at  the  expence  of  the  said  Town,  and  to  proceed  therein 
as  if  no  such  Assessment  had  been  made :  And  all  proceedings  therein 
are  hereby  stayed  in  the  mean  time.      [Passed  February  12. 


[3d  Sess.]     Province  Laws  (Resolves,  etc.).  — 1765-66.  95 


CHAPTEE    197. 

RESOLVE   ALLOWING   £100  TO  W"   BAKER,  DOORKEEPER. 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  the  Sum  of  One  hundred  pounds  to  M'  William  Baker  Door-  cmmcii, xxvi., 
keeper  to  his  Excellency  the  Governor  and  this  Court  for  his  Service  ^Zi: 


for  one  year  to  be  paid  Quarterly.     \^Passed  February  12.  nai"rf  270"^ 


CHAPTEE    198. 

RESOLVE  ACCEPTING  REPORT  CONCERNING  PROV  :  LANDS  IN  Y"=  COUNTY 
OF  PLYMOUTH,  AND  APPOINTING  A  COMMITTEE  TO  SELL  THE  SAME. 

The  Committee  to  inquire  into  the  quality,  quantity  and  circum-  Lesisiative 
stances  of  Lands  in  the  County  of  Plymouth  belonging  to  the  Prov-  councu,  xxvl" 
iuce,  have  attended  that  Service,  beg  leave  to  report ;  That  they  have  I'l-  Mass. 
personally  repaired  to  the  Town  of  Rochester  and  viewed  and  in-  xirL,  537.' 
quired  into  the  circumstances  of  the  following  Lands  viz'  Mass. 

First,  William  Griffin's  Land  mortgaged  to  the  Province  One  hun-  xm'^'sIs^sb 
dred  and  twelve  Acres  now  in  possession  of  Simeon  Burges,  on  which  House  Jour- 
there  is  a  dwelling  House  &  considerable  improvements.  (Junej  1764) ; 

Secondly.  One  hundred  and  ten  acres  of  Samuel  Sprague's  Home-  ^^ofj^i'^l''''^" 
stead  Farm,  great  jiart  thereof  is  fenced  in  and  improved  for  Mow-  i.aws.ii., ei, 
ing,  tillage  and  pasture,  and  some  Woodland   Mortgaged   to  the  ise^'c'hap.  3w.' 
Province. 

Thirdly.  One  hundred  and  fifty  acres  of  Lemuel  Little  Wood  and 
Timber  Land  mortgaged  to  the  Province. 

Fourthly.  One  hundred  and  one  acres  of  John  Blackmore's  Land 
lying  in  the  South  purchase  of  the  Proprietors  of  Middleborough, 
chiefly  pitch  Pine  Land,  Mortgaged  to  the  Province. 

Fifthly.  Ten  acres  of  John  White's  Homestead,  good  Land,  and 
forty  eight  acres  in  the  South  purchase  mortgaged  to  the  Province. 

Sixthly.  Twenty  acres  of  Wood  &  timber  Land  of  Joseph  Prince, 
very  good  Land,  the  Record  of  the  Bounds  defaced  and  unless  speedy 
care  be  taken  about  it  the  Province  will  be  in  danger  of  losing  it. 

Seventhly.  Three  Sixty  acre  Lots  in  the  Majors  purchase  in  Pem- 
broke belonging  to  Isaac  Barker,  of  which  possession  has  been  taken 
for  the  Province,  great  part  of  the  money  paid,  remains  due  Twenty 
five  j)ound  six  shillings  and  nine  pence  with  the  Interest  thereof 
from  the  year  1739. 

Eighthly.  Nineteen  acres  of  Meadow  in  Middleborough  on  the 
North  side  of  Assonet  River,  good  Land,  mortgaged  to  the  Prov- 
ince by  Benj''  Booth  and  Isaac  Pearce  for  Forty  pounds  in  the  year 
]  734  Nothing  paid.  All  the  Lands  abovementioned  possession  has 
been  given  to  the  Province.  And  we  further  Report  that  We  find 
that  sundry  persons  who  mortgaged  their  Lands  to  the  Province 
in  the  One  hundred  thousand  pounds  Loan,  have  paid  their  money 
borrowed  and  the  Interest  thereof,  and  we  cannot  find  they  have 
had  any  legal  discharges,  which  we  apprehend  they  ought  to  have. 
Signed        Tho^  Clap,  Tho*  Foster  Committee 


96  Province  Laws  (^esoZves,  ete.).  — 1765-66.     [Chap.  199.] 

In  the  House  of  Eep""" 

[Keport  read  and] 

Resolved  that  Tho'  Clap  &  The'  Foster  Esq"  with  Such  as  the 
Honourable  Board  Shall  Join  be  a  Com"'  to  make  Sale  of  the  Sev- 
eral parcels  of  Land  belonging  the  province  lying  in  the  County  of 
Plymouth  for  the  Mos't  the  Same  will  fetch  and  to  Execute  Good 
Deed  or  Deeds  thereof  and  in  Case  it  be  Necessary  they  are  hereby 
fully  Impowered  In  behalf  of  the  province  to  Sue  for  &  recover 
possession  of  any  of  said  Lands  &  when,  they  have  recovered  the 
Same  to  make  Sale  thereof  as  aforesaid  And  the  Said  Committee 
are  further  Impowered  to  give  ample  discharges  to  such  person  or 
persons  who  received  of  the  100,000  Loan  where  it  appears  they 
have  fully  paid  the  Sums  they  received  with  the  Interest  thereon 

The  s''  Committee  to  make  Eeturn  of  their  doings  to  this  Court 

In  Council  Read  and  Concurred  and  Gamaliel  Bradford  Esq'  is 
joined  in  y'  Affair.     [Passed  February  12. 


CHAPTER    199. 

ORDER  OF  NOTICE   WITH   STAY  OF  EXECUTION   ON    THE    PETITION    OF 
EEV"  MR  TIMOTHY  RUGGLES  IN  REGARD   TO  A  JUDGMENT. 

Legislative  A  PETITION  of  Timothy  Ruggles  Minister  of  the  first  precinct 

Conncu.xxvi.,  in  Rochester    Setting  forth    That  he  settled  there  in  the  year  1710 
Archi^^s^^xiy.    ^ipon  a  Very  small  Salary,  besides  which  he  was  to  have  the  improve- 

*55. ment  of  certain  ministerial  Lands;  but  that  he  is  kept  out  of  the 

Mass.  possession  of  more  than  three  quarter  parts  of  the  same  by  some 

452?  House^'  of  his  parishioners  who  have  got  upon  them  a  great  part  whereof 
Journal,  p.  3e9.  ^r.^g  subdued  and  brought  to  at  the  petitioners  Cost.  That  he  hath 
for  the  sake  of  peace  long  acquiesced  in  a  scanty  sujjport,  as  well 
as  this  unjust  dej^rival  of  his  right;  but  being  now  grown  old  and 
standing  in  greater  need  hereof,  he  laid  the  Case  before  the  precinct, 
who  at  a  Meeting  on  the  6"'  of  December  1763  chose  iP  Edward 
Morse  their  Agent  to  prosecute  such  persons  as  had  got  into  posses- 
sion of  the  ministerial  Lands;  First  taking  power  from  the  peti- 
tioner for  that  jjurpose:  that  he  accordingly  impowered  the  said 
Morse,  who  commenced  two  Actions  of  Ejectment  one  against  Elisha 
Barrow  and  the  other  against  Sam'  Haskall  jun'  both  of  which  failed 
by  reason  of  error  in  the  proceedings  and  Judgment  passed  against 
the  Petitioner,  and  Executions  for  Costs  amounting  to  about  £23 
or  £34  which  the  Parish  refuse  to  pay;  and  tlie  said  Morse  has  Sued 
them  for  his  Expences  in  said  Suit  as  their  Agent;  to  which  they 
have  pleaded  the  illegality  of  the  Meeting  when  he  was  ajopointed 
Agent ;  first  because  there  was  no  Seal  to  the  Warrant  for  calling 
said  Meeting;  secondly  because  the  choice  of  such  an  Agent  was 
not  so  particularly  mentioned  in  the  Warrant  as  it  ought  to  have 
been ;  both  wliich  Exceptions  may  in  Justice  be  obviated  by  the  con- 
stant usage  of  the  said  precinct  tho'  in  strictness  of  Law  such  prac- 
tice cannot  be  justified.  And  praying  that  the  proceedings  of  said 
Meeting  may  be  established  and  that  Execution  against  the  peti- 
tioner may  be  stayed  'till  the  validity  of  said  Meeting  shall  be  deter- 
mined. 
Read  and 

Ordered  that  the  Pet'  serve  the  Clerk  of  the  first  Parish  in 
Rochester  with  a  copy  of  this  Petition  that  so  they  shew  cause  (if 


[3d  Sess.]     Province  I^a-ws,  {Resolves,  etc.).  — 1765-66.  97 

any  they  have)  on  the  second  thirsday  of  the  next  May  Session, 
why  the  prayer  thereof  should  not  be  granted,  and  the  Execution 
within  mentioned  is  stayed  in  the  mean  time.'     \^Passed  February  12. 


CHAPTER    200. 

RESOLVE   ESTABLISHENG   THE    ROADS    OF    THE    TOWN    OF    UPTON    AS 
LAID   OUT   BY  THE  SELECTMEN   THEREOF. 

A  Petition  of  Abiel  Sadler  and  Others  a  Committee  of  the  Town  Legislative 
of  Upton     Setting  forth     That  ever  since  the  Settlement  of  said  J^^^j^'^Iff, "^^'^'j 
Town  it  hath  been  the  practice,  whenever  there  was  occasion  to  ns.  Mass. 
transact  anything  relative  to  Highways,  to  insert  in  the  Warrant  cxxi.,432. 
for  calling  a  Town  Meeting  this  general  Clause  only  viz'  to  accept  House  Jour- 
or  discontinue  highways;  whereby  a  doubt  hath  arisen  wliich  may  nai, pp.-24s,25 
throw  them  into  great   confusion,  if  such   proceeding  should  be 
declared  illegal.  And  praying  that  the  Eoads  and  Highways  laid 
out  and  Recorded  in  said  Town  may  be  confirmed  the  defect  men- 
tioned, in  such  Warrants  notwithstanding. 

[Eead  and] 

Resolved  that  the  Prayer  of  this  Petition  be  so  far  granted  as 
that  the  Roads  in  the  Town  of  Upton  Laid  out  by  the  Selectmen 
and  Accepted  by  the  S"^  Town  at  their  annual  march  meetings  be 
and  hereby  are  established  to  all  Intents  and  Purposes  the  Defects 
mentioned  in  the  Warrants  for  calling  their  Meetings  notwithstand- 
ing and  no  Person  that  hath  already  applyed  to  the  Court  of  general 
Sessions  of  the  Peace  for  the  County  of  Worcester  Shall  by  Virtue 
of  this  Resolve  be  barred  from  the  recovery  of  any  Damages  they 
have  Sustained  by  the  Laying  out  any  S'^  Roads.  {^Passed  Feb- 
ruary 12. 


CHAPTER    201. 

RESOLVE   ESTABLISHING   THE    ROADS   IN    THE    TOWN    OF    GRAFTON    AS 
LAID   OUT   BY   THE    SELECTMEN   THEREOF. 

A  Petition  of  John  Sherman  Agent  for  the  Town  of  Grafton  Legislative 
Setting  forth     That  from  the  first  settlement  of  said  Town  it  hath  gounc'if,  xiv*!*, 

been  their  practice  when  any  thing  was  to  be  transacted  at  their  "^^^-^ 

annual  March  Meetings  relative  to  Highways  to  insert  in  their  War-  House  .Jour- 
rants  for  calling  such  Meeting,  tiiis  general  Clause  only  viz'  to  accejit  266,' ms'.  ^'  ' 
or  discontinue  Highways.  Whereby  a  doubt  hath  arisen  and  they  are 
liable  to  be  thrown  into  great  confusion  if  their  proceedings  in  the 
matters  aforesaid  should  be  deemed  illegal  for  want  of  a  more  par- 
ticular notification.  And  praying  that  the  Roads  and  Highways  laid 
out  and  Recorded  in  said  Town  may  be  confirmed  the  defect  afore- 
mentioned in  the  Warrants  notwithstanding. 

[Read  and] 

Resolved  that  the  prayer  of  this  petition  be  so  far  granted,  as 
that  the  Roads  in  the  Town  of  Grafton  laid  out  by  the  Selectmen 
and  accepted  by  the  said  Town  at  their  annual  March  Meetings  be, 
and  hereby  are  established  to  all  intents  and  jnirposes,  the  defects 

'  At  the  hearing,  June  27,  1766,  House  Journal,  p.  73,  this  petition  was  dismissed. 


98 


Province  Laws  (iZesoZves,  ete.).  —  1765-6G.  [Chaps.  202-204.] 


mentioned  in  the  Warrants  for  calling  their  Meetings  notwithstand- 
ing. And  no  person  that  hath  already  applied  to  the  Court  of  Gen- 
eral Sessions  of  the  peace  for  the  Connty  of  Worcester  shall  by  Virtue 
of  this  Resolve  be  barred  from  the  Recovery  of  any  damages  they 
have  sustained  by  the  laying  out  any  said  Roads.  [Passed  Feb- 
ruary  12. 


CHAPTEK    202. 

RESOLVE  ALLOWING   £2.  16  TO  JN°  PARTEET. 

Eifords'of  the  Resolved  That  there  be  paid  out  of  the  public  Treasury  to  Peter 
Council,  xxvi.,  Mumford  for  the  use  of  John  Parteet  the  Sum  of  Two  pounds  six- 
teen shillings  lawful  money  for  the  redemption  of  four  of  the  new 

our-  ""  "  ""  .   .      ^  

nal,  pp. ! 


CHAPTEE    203. 


Legislative 
KecordB  of  the 
Council,  xxvi., 
176. 

Legislative 
Records  of  the 
Council,  xxvi., 
43, 67, 108, 143. 
House  Jour- 
nal, pp.  229, 274, 


ORDER  IMPOWERING  PH^  MIRICK  TO   BRING  FORWARD   AN  ACTION. 

The  Committee  appointed  the  29""  of  January  on  the  petition 
of  Phineas  Mirick  for  a  new  Trial  of  an  Action  brought  against 
him  by  Daniel  Wood  and  John  Wood,  having  made  Report,  the 
following  Order  passed  thereon  viz' 

Read  and  accepted :  And 

Ordered  that  the  petitioner  Phineas  Mirick  be,  and  he  hereby  is 
impowered  to  bring  his  Action  in  the  Law  at  the  next  Inferior  Court 
to  be  held  for  the  County  of  Hampshire  against  the  said  Daniel  and 
John  Wood  for  the  recovery  of  ten  Acres  and  a  half  of  Laud  not 
included  in  the  original  Grant.  And  that  the  Justices  of  the  said 
Court  be,  and  hereby  are  impowered  to  hear  and  determine  the 
same  so  far  as  relates  to  the  title  of  the  said  ten  Acres  and  a  half 
of  Land,  and  enter  up  judgment  and  award  execution  thereon. 
And  that  the  Judgment  of  Court  in  said  petition  mentioned  and 
the  proceedings  thereon  shall  be  no  Bar  thereto.  [Passed  Feb- 
ruary IS. 


CHAPTEK    204 


RESOLVES   ALLOWING    SUNDRY    AMOUNTS    TO    Y= 
CONGRESS  AT  NEW  YORK. 


COMMITTEE    AT    THE 


Legislative 
Records  of  the 
Council,  xxvi., 

17S.    Mass. 
Archives,  iv., 
202. 

House  Jour- 
nal, pp.  110, 1.57, 
163,264,277,278. 
Ante,-^.  33, 
chap.  59. 


In  the  House  of  Representatives 

ResoWd,  That  in  Consideration  as  well  of  y^  Expences,  &  Ser- 
vices, Ordinary,  &  Extraordinary,  as  of  y^  Loss  Sustain'd  by  James 
Otis  Esq"'  in  his  Business,  during  his  Attendance  on  the  Congress 
held  at  New-York,  That  the  s"*  Ja*  Otis  Esq'  be,  &  he  is  hereby  dis- 
chargd,  of  the  Sum  of  One  hundred  &  fifty  pounds,  which  he 
receiv'd  out  of  y^  Province  Treasury  being  One  third  of  y^  Sum 
voted  by  this  House  to  be  paid  to  their  Com^  chosen  to  Attend  s** 
Congress. 

Resolv\l  That  in  Consideration  of  the  services  &  Expences  of 
Oliuer  Patridge  Esq'  in  his  Attendance  on  y"  Congres  at  New  York 


[3d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1765-66.  99 

That  the  s''  Oliuer  Patridge  Esq'  be,  &  he  is  hereby  discharge!  of 
y''  Sum  of  One  hundred  &  fifteen  f)ounds  Nine  shill"  &  9**  out  of 
the  One  hundred  &  fifty  pounds  he  rec'*  out  of  y"  Province  Treas- 
ury for  these  purposes,  and  that  he  repay  the  remaining  sum,  being 
Thirty  four  pounds  Ten  Shill'  &  S"*  into  the  Treasury 

Resolvd  That  in  Consideration  of  y°  services  &  Espences  of  Brig 
Rugles  during  his  Attendance  on  the  Congress  at  New- York,  That 
the  s''  Brig  Rugles,  be,  &  he  is  hereby  dischargd  of  y'  Sum  of  One 
hundred  &  two  jjounds  sis  ShilP  &  8''  being  part  of  One  hundred 
&  fifty  pounds  he  rec''  out  of  y''  Treasury  for  these  purposes ;  And 
that  he  repay  the  Ball^  remaing '  in  his  hands  being  forty  Seuen 
pounds  thirteen  Shill'  &  4''  into  the  Treasury 

In  Council  Read  and  Concurred.     [Passed  February  13.' 


CHAPTER    205. 

ORDER  ADJOURNING   COURTS   IN  BERKSHIRE   COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe-  Legislative 
rior  Court  of  Common  pleas  by  Law  are  to  be  holden  at  Pittsfield  councif  xxvi* 
in  the  County  of  Berkshire  on  the  first  Tuesday  of  March  next:  i"9- 
And  whereas  the  business  that  will  probably  be  to  be  transacted  at  House  Jour- 
said  Court  will  not  be  very  considerable  nor  the  immediate  dispatch  provmce **' ^^''' 
of  it  any  way  equal  to  the  extraordinary  difficulty  and  expence  of  ^i,'aTMv''^^66 

attending  the  said  Court  there  at  so  difficult  a  time  of  travelling  as  note. 

is  then  like  to  be:  And  whereas  the  ill  state  of  health  of  some  of 
the  Justices  of  the  said  Courts  may  probably  prevent  their  attend- 
ance at  that  time.     Therefore 

Ordered  that  the  said  Courts  of  General  Sessions  of  the  peace 
and  Inferior  Court  of  Common  pleas,  which  by  Law  are  to  be  holden 
at  said  Pittsfield  on  the  first  Tuesday  of  March  next  be  and  hereby 
are  adjourned  to  the  last  Tuesday  of  April  next,  then  to  be  held  at 
the  Court  House  in  Great  Barrington  in  said  County  at  ten  of  the 
Clock  in  the  forenoon  of  said  day :  And  all  pleas,  Writs,  Actions, 
Suits,  Complaints,  processes,  precepts.  Recognizances  and  all  other 
thing  and  things  whatsoever  returnable  and  having  day  or  days  in 
the  said  Courts,  shall  stand  abide  and  continue  unto  the  said  Ad- 
journment, to  the  time  and  place  last  aforesaid,  and  be  held  deemed 
and  adjudged  to  be  as  good,  effectual  and  available  in  Law  to  all 
intents  and  purposes  whatsoever,  as  if  such  Courts  had  been  kept 
and  held  on  the  day  and  at  the  place  aforesaid  by  Law  appointed 
for  holding  the  same,  and  no  adjournment  thereof  had  been  made. 
[Passed  February  14. 


CHAPTER    206. 

ORDER  ALLOWING    £6   TO     NATH"-  MORTON,  JR. 

A  Petition  of  Thomas  Foster  Esq'  in  behalf  of  the  Town  of  Legislative 
Plymouth,  Setting  forth     That  one  John  Chambers,  his  Wife  and  coSnc'i '  f/"* 
Child  of  about  12  years  of  age  came  into  said  Town,  and  put  up  1!^ 

'  Sic- 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  February  14. 


sxvi., 


100 


Province  LAws(i?eso?fes,e/c.).  — 1765-6G.  [Chaps.  207,  208.] 


House  Jour- 
nal, PI). -224, 2' 


at  the  House  of  Nath'  Morton  where  the  same  evening  the  woman 
fell  in  travel,  and  they  not  having  wherewithal  to  helj)  themselves 
the  Selectmen  took  the  care  of  them,  as  they  were  strangers,  it 
appearing  also  that  the  man  had  a  discharge  from  the  Regular  Ser- 
vice and  was  recommended  as  a  wounded  Man  to  the  Hospital  And 
praying  that  the  said  Town  may  be  reimbursed  the  Sum  of  Six 
jjounds  expended  on  these  strangers. 

Bead  and 

Ordered  that  the  Sum  of  Six  pounds  be  allowed  and  paid  out  of 
the  public  Treasury  to  Thomas  Foster  Esq'  for  the  use  of  Nath' 
Morton  jun'  in  full  for  his  expence  above  mentioned.  [Pfl!S*'e<Z 
February  14. 


CHAPTER    207. 


ORDER  IMPOWERING  RORt  SAUNDERS  AND  MEHETABLE,  HIS  WIFE,  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxvi., 
180. 

House  .Jour- 
nal, pp.  27(i,  277, 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Robert  Saunders  of  Mendon  &  Mehettable  his  Wife 
late  relict  of  Daniel  Beale  of  said  Mendon  deceased,  setting  forth. 
That  the  said  deceased  left  four  Children  between  five  &  fifteen 
years  of  age ;  that  there  remains  of  the  said  deceaseds  Estate  a 
House  and  near  49  Acres  of  Land,  out  of  which  is  to  be  paid  a 
Legacy  of  about  £26.13  lawful  money;  that  the  said  Estate  is  un- 
profitable to  the  Heirs,  And  praying  that  as  she  is  sole  Administra- 
trix of  the  deceaseds  Estate,  they  may  be  impowered  to  sell  the 
Estate  above  mentioned,  they  to  be  accountable. 

Read  and 

Ordered  Vatit  the  prayer  of  the  petition  be  granted:  and  the  Peti- 
tioners viz'  Robert  and  Mehettable  Saunders  be,  and  hereby  are 
authorised  &  impowered  to  sell  the  said  House  and  forty  nine  Acres 
of  Land  for  the  most  it  will  sell  for,  and  to  make  and  Execute  a 
good  and  sufficient  deed  or  deeds  thereof  in  Law,  they  observing 
the  Rules  of  Law  for  the  Sale  of  Real  Estates  by  Exec"  and  Admin'^ 
and  giving  sufficient  caution  to  the  Judge  of  Probate  for  the  County 
of  Worcester  that  the  proceeds  of  said  Sale  shall  be  secured  and 
improved  for  the  benefit  of  the  Heirs  to  said  Estate,  and  the  jDay- 
ment  of  the  Legacy.      \^Passed  Febr^iary  14. 


CHAPTER    208, 


RESOLVE  THAT  THE  PROVINCE  TAX  LAID  ON  THE  TOWN  OF  GORHAM- 
TOWN  IN  1764  BE  REMITTED  AND  ADDED  TO  CERTAIN  TOWNS  IN  THE 
COUNTY   OF   CUMBERLAND. 


Legislative 
Records  of  the 
Council,  xxvi., 
181. 

House  Jour- 
nal, pp.  230, 281. 
Ante,  p.  31, 
chap.  52. 


A  Petition  of  Solomon  Lombard  of  Gorhani  Setting  forth 
That  the  Selectmen  of  said  Town  in  May  last  presented  a  peti- 
tion for  remitting  a  Tax  laid  on  them  in  the  year  1764,  the  prayer 
of  which  petition  was  so  far  only  granted  as  to  suspend  the  levying 
said  Tax  'till  1766.  That  the  Inhabitants  have  suffered  greatly  by 
Fires  which  makes  the  Tax  very  burdensome;  besides  which  the 
Townshif)  was  not  incorporated  when  the  said  Tax  was  laid,  and 
by  the  Laws  and  Constitution  of  this  Government  no  new  places 


[3d  Sess.]     Province  Laws  (Resolves,  etc.).  — 1765-66.  101 

can  be  taxed  in  that  they  are  not  represented  in  this  Assembly. 
And  praying  that  for  these  and  other  reasons  the  said  Tax  may  be 
wholly  remitted. 

[Read  and] 

Resolved  that  the  Province  Tax  laid  on  Gorham  Town  in  the 
County  of  Cumberland  iii  the  year  1764  being  the  Sum  of  Forty 
nine  pounds,  four  shillings  &  4%''  he  taken  otf,  and  added  to  the 
next  Province  Tax  on  the  Towns  hereafter  named  within  the  same 
County  in  manner  following  viz'  Falmouth  £36.19.101/^  North  Yar- 
mouth £6.9.4  Brunswick  £5.15.3.      [Passed  February  15. 


CHAPTEE    209. 

ORDER   GRANTING   TO    SAMUEL   CALDWELL   LICENCE   TO   SELL  STRONG 
DRINK. 

A   Petition  of    Samuel '   Caldwell   of  Taunton     setting   forth  ^''^'J'f"™,^ 
That  he  hath  obtained  the  approbation  of  the  Selectmen  of  said  council,  xxvi., 

Town  as  a  proper  person  to  be  Licensed  to  sell  Spirituous  Liquors;  1?1 

but  that  the  term  for  granting  Licenses  in  the  County  of  Bristol  na*i°p^  fse"' 
will  not  be  'till  August  next.  And  praying  that  the  Court  of  Gen- 
eral Sessions  of  the  peace  for  the  said  County  may  be  impowered 
at  their  next  term  to  grant  him  a  License  for  the  purpose  aforesaid. 

[Read  and] 

Ordered  that  the  Justices  of  the  Court  of  General  Sessions  of 
the  f)eace  for  the  County  of  Bristol  at  their  next  Sessions  be,  and 
hereby  are  authorised  and  impowered  to  grant  the  petitioner  a 
License  for  retailing  spirituous  Liquors  (if  they  see  cause)  he  ob- 
taining the  approbation  of  the  Selectmen  of  the  Town  of  Taunton 
for  that  purpose;  the  time  for  granting  Licenses  in  said  County 
being  elapsed  notwithstanding.      [Passed  February  17. 


CHAPTER    210. 

RESOLVE   ALLOWING   THE   ACCOUNT   OF   THE   TREASURER    OF    LINCOLN 
COUNTY. 

An  Account  of  Samuel  Denny  Esq'  Treasurer  for  the  County  Legislative 
of  Lincoln  being  presented  for  allowance,  the  following  Order  passed  councl?  x'xrf 
thereon  viz'  lia. 

Resolved  that  the  above  Account  (being  right  cast  and  well  House  Jour- 
vouched)  be  allowed,  and  that  the  Treasurer  be  discharged  of  the  °'*''P--'^^- 
Sum  of  One  hundred  &  fifty  nine  pounds,  ten  shillings  and  two 
pence  %  which  he  has  paid  by  order  of  the  Court  of  Sessions.  And 
that  there  remains  due  from  the  County  to  the  said  Treasurer  a 
balance  of  thirty  five  pounds,  eighteen  shillings  and  two  pence  % 
which  the  County  are  further  accountable  to  said  Treasurer  for. 
[Passed  February  17. 

•  The  House  Journal,  p.  286,  reads,  "  Robert." 


102 


Province  Laws  {Resolves, etc.).  — 1765-66.  [Chaps.  211-213.] 


CHAPTEK    211 


ORDER  ALLOWING  £100  TO   THE   TOWN  OF  SCARBOROUGH. 


BecordB  of  the 
Council,  xxvi., 
183.    Mass. 
Archives, 
Ixxxvii.,  110. 

Mass. 
Archives, 
Ixxxvli.,  109. 
House  Jour- 
nal, pp.  224, 287. 


A  Petition  of  a  number  of  Inhabitants  of  the  Town  of  Scar- 
borough Setting  forth  That  they  suffered  greatly  in  their  Estates 
by  a  Fire  which  laid  the  same  waste  on  the  o""  day  of  July  1762 
whereby  their  Circumstances  are  rendred  very  deplorable  And  pray- 
ing Eelief  from  the  Government. 

Eead  and 

Ordered  that  the  Sum  of  one  hundred  pounds  be  paid  out  of  the 
publick  Treasury  into  the  hands  of  Samuel  Jordan  Solomon  Lum- 
bard  Esq"  and  Cap'  Reuben  Fogg  to  be  by  them  distributed  to  the 
Sufferers  in  the  Town  of  Scarborough  by  the  late  fire  in  proportion 
to  their  several  Losses.  &  Necessities.     [Passed  February  18. 


CHAPTEE    212, 


Legislative 
Records  of  the 
Council,  xxvi., 


House  Jour- 
nal, p.  2S8. 


RESOLVE  ALLOWING   £200  TO   THE   COMMISSARY   GEN'-. 

Resolved^  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury  to  the  honorable  Thomas  Hubbard,  Esq'  Commis- 
sary-General, the  Sum  of  Two  hundred  pounds  for  one  Year's  Ser- 
vice, ending  the  eleventh  Day  of  January  last.    '[Passed  February  18. 


CHAPTER    213. 


RESOLVE   ALLOWING   £26.  4  TO   JN"  COTTON. 


Rlfords'of  the  ^  MEMORIAL  of  John  Cotton  Setting  forth  That  at  the  desire 
Council,  xxvi.,  of  the  Gentlemen  appointed  to  attend  the  Congress  at  New  York, 
Archive8°,^vi.,     he  Waited  on  them  in  the  capacity  of  a  Clerk,  the  duties  of  which 

??i! he  endeavoured  faithfully  to  discharge  to  the  best  of  his  capacity. 

Archiv  vi  That  his  Expeuces  during  fifty  days  absence  amounted  to  £37.16.3 
333-326.  House  bcsidcs  what  he  there  received  from  the  Commissioners  of  the  other 
pp"273,282, 290.  Govemmeuts.  And  praying  an  allowance  for  his  Service,  as  well  as 
^J''*' S;,'**'       a  Reimbursment  of  his  said  Expences. 

chap.  204.  Ti       1         J 

Read  and 

Resolved  that  the  Sum  of  twenty  Six  pounds  four  Shillings  be 
paid  out  of  the  publick  Treasury  to  the  within  named  John  Cotton 
in  full  recompence  for  the  proportion  of  this  Province  for  his  ex- 
pences and  services  as  Clerk  to  the  Committee  of  Congress  held  at 
New  York  by  the  Committees  of  the  several  Provinces  on  the  Con- 
tinent.    [Passed  February  18. 


[3d  Sess.]     Province  Laws  (liesolves,  etc.).  — 1765-66.  103 


CHAPTER    214. 

KESOLVE   FOR  TH^  TRANSFER  OF  APPROPRIATIONS. 

Resolved  that  the  Sum  of  One  thousand  and  fifty  pounds  be  trans-  Legislative 
f erred  from  the  Appropriation  of  Forts  and  Garrisons  to  the  Appro-  cSSncu!  xxvi* 
priation  for  the  pay  of  the  Court.  }^ 

Resolved  also  that  the  Sum  of  Fifteen  hundred  pounds  be  trans-  ^^"^^ •iP,"'"- 
ferred  from  the  Appropriation  of  Debts  where  there  is  no  Establish-  province ' 
ment  to  the  Appropriation  for  Grants.     {Passed  February  19.  Sfa^f'io!''*^^' 


CHAPTEE    215. 

ORDER  ALLOWING   £15  TO  DUDSON  RrLCXTP. 

A  Petition  of  Dudson  Kilcup     praying  an  allowance  for  his  Legislative 
Service  in  receiving  the  names  of  Soldiers  who  had  been  in  the  councif, xxv^* 
several  Expeditions  to  that  of  Louisbourgh  in  1745  inclusive,  agre-  ^^[.y^^H^- 
able  to  the  Order  of  the  House,  and  ranging  them  in  alphabetical  ixxx.,  wL 

Order.  Mass. 

Read  and  uxx.'^lns. 

Ordered  that  the  Sum  of  fifteen  pounds  be  allowed  and  paid  out  '^"."^^  ■^j^g'igQ 
of  the  publick  Treasury  to  the  Pet"^  in  full  for  his  Services  with  in  278.'''^"  '  ' 
mentioned.     ^Passed  February  19. 


CHAPTER    216. 

ORDER  IMPOWERING  REFERREES  TO  HEAR  CONDITIONALLY  THE   PETI- 
TION OF  NATH"-  GOODWIN. 

The  Committee  appointed  the  22'^  January  upon  the  petition  Legislative 

of  Nath'   Goodwin,  [ff«te,  p.  30,  chap.  49]  having  made  Report,  cS™ cu", xx^f, 

the  following  Order  passed  thereon  viz'  ise. 

Read  and  accepted.  And  Legislative 

Ordered  that  the  prayer  of  the  petition  of  Nath'  Goodwin  be  so  councif.xxvi^, 

far  granted,  as  that  the  Referrees  mentioned  in  said  Petition  be  im-  ^9,  i32.  House 

11  1  ■         •  1         /-I  T^         •  1     T      1  •   T  .Journal,  pp.  jd, 

powered  to  hear  the  parties  in  the  Cause.  Provided  they  or  either  an,  293, 294. 
of  them  bring  forward  a  hearing  thereof,  so  that  the  Referrees  may  ctop.  49.  ' 
report  thereon  to  the  next  Inferior  Court  of  Common  pleas  to  be 
held  at  Plymouth  in  the  County  of  Plymouth  in  April  next.  And 
the  Justices  of  the  said  Court  are  in  such  Case  hereby  impowered 
to  make  up  Judgment  for  such  Sum  as  shall  then  be  awarded  by 
said  Referrees  together  with  the  Interest,  and  to  award  Execution 
accordingly.  And  it  is  further 

Ordered,  That  in  case  the  said  parties  nor  either  of  them  shall 
bring  forward  a  hearing  of  the  said  Cause,  then  the  Judgment 
already  given  therein,  shall  remain  in  full  force  and  be  executed 
accordingly.      [Passerf  February  19. 


104 


Province  Laws  {Resolves,  etc.).  —  1765-6G.  [Chaps.  217-219.] 


CHAPTEK    217. 

RESOLVE   ALLOWING    £100   TO   ANDREW   OLIVER,  SECRETARY. 

Records'ofihe       Resolved  that  the  Sum  of  One  hundred  pounds  be  allowed  and 
Council, xxvi.,  paid  out  of  the  public  Treasury  to  the  Hon'''*^  Andrew  Oliver  Esq' 

~ to  enable  him  to  pay  such  person  or  persons  as  he  has  employed  to 

nalI'pp.K5,'28i,  assist  him  the  year  past  in  his  office  ending  the  6""  of  December 
2a2'     '     '     '  last.      ^Passed  February  19. 


Legislative 
Records  of  the 
Couucil,  xxvi., 
187.    Mass. 
Archives,  lix., 


House  Jour- 
Dai,  p.  2y3. 


CHAPTEE    218. 

RESOLVE  APPOINTING  A'  COMITTEE  TO   SELL  V^  MANUFACTORY  HOUSE. 

In  the  House  of  Representatives. 

Resolve.d  that  M'  Dexter  and  Cap'  Sheaiie  be  appointed  to  join 
with  a  Committee  of  the  Honb'''''  Board  to  make  Sale  of  the  House 
commonly  called  the  Manufactory  House,  with  the  Land  thereto 
belonging,  and  that  the  same  be  sold  at  public  Auction  to  the 
highest  Bidder  That  the  Time  of  Sale  be  advertized  in  Three  of 
the  Boston  News  Papers,  three  Weeks  successively  That  it  be  a 
Direction  to  the  Committee  not  to  set  up  the  Premisses  at  a  less 
Sum  than  Fifteen  Hundred  Pounds  and  that  the  said  Committee 
be  impowered  to  give  a  good  and  sufficient  Deed  or  Deeds  of  said 
House  and  Land  to  the  Person  or  Persons  who  shall  purchase  the 
same,  he  or  they  first  paying  the  Money  therefor,  or  giving  good 
Security  for  the  Sum,  to  be  paid  in  One  Year,  with  lawful  Inter- 
est And  in  case  no  Purchaser  should  appear  said  Committee  to 
make  some  needful  Repairs  in  tlie  Roof  of  said  House ;  and  agree 
with  the  Persons  who  now  occupy  the  same,  or  others  who  may 
incline  to  hire  it,  relative  to  the  Rent.  Said  Committee  to  make 
Report  next  May  Session. 
In  Council 

Read  and  Concurred  &  Tho''  Hubbard  Esq'  is  joined  in  the  Affair. 
[Passed  February  19. 


CHAPTEK    219, 


Legislative 
Records  of  the 
Couucil,  xxvi., 

1S8. 

House  Jour- 
nal, pp.  282, 294, 


ORDER  ALLOWING   £18.3  TO   HARRISON  GRAY,  TREASURER. 

A  Memorial  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen- 
eral of  the  Province  praying  an  allowance  for  his  extraordinary 
Service  the  year  past,  in  borrowing  £131,063  in  paying  £11,912.1.4. 
Interest  due  on  Government  Securities,  in  drawing  Bills  on  the 
Agent  to  the  amount  of  £48,000  Sterling,  in  paying  the  Bounty 
on  34,459  bushels  of  Wheat,  and  in  entertaining  the  Guards  set  on 
the  Treasury  for  twelve  nights  that  they  watched  the  same  none 
of  which  Services  or  Expences  are,  as  he  apprehends  necessarily 
connected  with  the  duty  of  his  Office. 

Ordered  that  the  Sum  of  One  hundred  and  eighty  three  pounds 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1765-66.  105 

be  granted  and  paid  out  of  the  public  Treasury  to  the  Petitioner 
in  full  for  his  extraordinary  Services  within  mentioned.  \^Passed 
February  20.  , 


CHAPTEE    220. 

ORDER  IMPOWERING  TOBIAS  DAVIS  AND  WILLIAM   MUGFORD   TO  BRING 
FORWARD   A   WRIT    OF   REVIEW. 

A  Petition  of  Tobias  Davis  and  Will"  Mugford  of  Salem  Set-  Legislative 
ting  forth    That  at  the  last  Inferior  Court  for  the  County  of  Essex  coiincif,  xxv"?* 

one  Roger  Peele  commenced  an  Action  against  them  on  a  bottomry  i^"- 1*'"- 

Bond,  and  that  they  making  default,  Judgment  went  against  them;  ^"i"^*^ "'""''.■ 
but  there  hapned  to  be  a  mistake  therein  of  £13.2.1  more  than  was  279,'296'. 
equitably  due  to  him;  tliat  said  Roger  hath  had  notice  of  the  mis- 
take in  writing  from  his  attorney,  but  refuses  to  rectify  it.  And 
praying  that  they  may  have  a  trial  upon  the  merits  of  the  Cause 
at  the  next  Inferior  Court  for  the  said  County  of  Essex. 
Read,  and  no  Answer  being  made  tliereto.  Thereupon 
Ordered  that  the  prayer  of  the  Petition  be  so  far  granted,  as  that 
the  said  Tobias  and  William  be,  and  hereby  are  impowered  to  bring 
a  Writ  of  Review  of  the  Action  aforesaid  at  the  next  Inferior  Court 
of  Common  pleas  to  be  holden  at  Ipswich  in  and  for  the  County  of 
Essex  on  the  last  Tuesday  of  March  next:  and  that  the  Justices  of 
said  Court  be,  and  hereby  are  impowered  to  hear  the  Cause  upon 
said  Writ  of  Review,   enter  up  Judgment  and  award   Execution 
thereon,  to  all  intents  and  purposes  whatsoever,  as  fully  as  they 
did  or  might  have  done  upon  the  Writ  brought  by  Roger  Peele  the 
original  plaintiff  at  the  Inferior  Court  of  Common  pleas  holden  at 
Newbury  for  the  County  aforesaid,  the  default  made  thereupon  not- 
withstanding.     [Passed  February  20. 


CHAPTER    221 


RESOLVE    DESIRING    THE    GOVERNOR    TO    WRITE    TO    THE     GOVERNOR  Legislative 
OF   CANADA   IN   REGARD   TO    FRENCH    ACADIANS   AND    ALLOWING    £20  Kecords  of  the 
FOR  EXPENSE   OF   SENDING   CERTAIN   ONES   THERE.  Tsq     M«f/^'"' 


Resolved  That  His  Excellency  the  Gov'  be  Desired  to  write  to  the  — 


Mass. 
hives, 
iv.,  561. 


Gov'  of  Canada  to  acquaint  him  of  the  Desire  of  the  French  Acca-  Rlfords'of  the 
dians  in  this  Province  to  go  thither  and  to  know  of  him  whither  S"J?g"kP""' 
he  is  willing  to  Receive  them  as  Settlers  in  that  Government  &  that  House  Jour, 
the  Sum  of  Twenty  pounds  be  allowed  out  of  the  publick  Treasury  prov'ince''' 
to  Enable  the  Gov'  to  send  two  of  the  S"  French  People  for  the  ^i|'^(f^^^'j^7 
Purpose  afore  Said.     [Passed  February  20.  •<=»»• 


106 


Pkovince  Laws  {Resolves,  etc.). — 1765-66.  [Chaps.  222,  223.] 


CHAPTEK    222, 


RESOLVE   APPOINTING  A  COMMITTEE   TO  RUN  A   LINE    BETWEEN    THE 
PROVINCE   OF   MAINE   AND   THE   PROVINCE   OF   NEW   HAJVIPSHIRE. 


Legislative 
Records  of  the 
Council,  xxvi., 
189,     Mhss. 
Archives,  v., 
■i52. 

Mass. 

Archives,  v., 
iSO.    Legisla- 
tive Records  of 
the  Council, 
xxvi.,  186. 
House  Jour- 
nal, pp.  297, 298. 
Ante,  p.  64, 
chap.  121. 


The  Committee  appointed  yesterday  on  the  Petition  of  Cap*- 
Henry  Young  Brown  [Legislative  Records  of  the  Council,  xxvi., 
186],  the  following  Order  passed  thereon  viz' 
In  the  House  of  Repres"'' 

Resolved,  That  Capt°  Gowen  &  M''  Sayward  with  Such  as  the 
Honorable  Board  Shall  Join  be  a  Committee  on  the  Part  of 

this  Government  to  run  out  the  Line  between  the  Province  of  Main 
and  the  Province  of  New-Hampshire;  Begining  on  Newichwannuck, 
or  Salmon  Fall  River  so  called,  where  the  Committee  of  this  Prov- 
ince in  the  Year  1763  ended  their  Survey;  and  runing  thence  to  the 
furthest  Head  thereof;  and  thence  North  two  Degrees  AVest,  allow- 
ing seven  Degrees  and  an  half  Variation,  and  no  more;  extending 
the  said  Line  into  the  Country  until  one  Hundred  and  twenty  Miles 
are  compleated  from  the  Entrance  of  Piscataqua  River;  that  the 
said  Committee  be  at  Berwick  in  the  County  of  York  on  the  Second 
Tues  Day  of  March  next;  and  proceed  thence  immediately  to  run 
the  said  Line ;  Joining  with  any  Committee  that  may  be  appointed 
by  the  Province  of  New-Hampshire,  for  the  Purpose  aforesaid ;  and 
if  no  such  Committee  should  be  appointed  by  the  said  Province 
of  New-Hampshire  to  proceed  notwithstanding :  and  that  they  make 
Return  of  their  Doings  to  this  Court  as  soon  as  may  be  And  that 
his  Excellency  the  Governor  be  desired  to  write  once  more  to  the 
Governor  of  New-Hampshire  to  appoint  or  to  move  to  move '  it  to 
the  Assembly  of  that  Province  to  appoint  a  Committee  to  join  with 
those  appointed  by  this  Province  to  run  the  Line  aforesaid 

In  Council.  Read  &  Concurred  and  John  Bradbury  Esqr  is  joined 
in  the  Affair.      \^Passed  February  20. 


CHAPTEK    223. 


ORDER  IMPOWERING  THE  GUARDIANS  OF  THE  PUNCAPAUG  OR  STOUGH- 
TON  INDIANS  TO  CONFIRM  BY  DEED  SEVENTEEN  ACRES  OF  LAND 
TO  ENOCH  LYON. 


Legislative 
Records  of  the 
Council,  xxvi., 
190.    Mass. 
Archives, 
xlvl.,  501. 

Mass. 
Archives, 
xlvl.,  499. 
House  Jour- 
nal, pp.  296, 297, 
Province 
Laws,  X.,  518, 
chap.  244. 


A  Petition  of  Enoch  Lyon  of  Stoughton  Setting  forth  That 
sundry  persons  held  Lands  at  Punkapog  an  Indian  plantation  now 
Stoughton,  by  Leases  from  the  Indian  proprietors,  and  that  the 
General  Court  in  the  year  1724  appointed  a  Committee  to  receive 
of  the  Lessees  for  the  use  of  the  Indian  proprietors  a  valuable  con- 
sideration for  the  said  Lands,  and  that  said  Committee  were  there- 
upon impowered  to  convey  the  title  of  the  said  Indian  proprietors 
to  the  English  Tenants  or  Lessees.  That  the  petitioners  Father 
being  then  in  possession  of  Seventeen  Acres  of  Land  originally 
Leased  to  one  David  Fames  agreed  to  pay  the  Sum  of  Eight  pounds 
to  the  use  aforesaid,  as  a  consideration  for  the  purchase  of  said 
Seventeen  Acres,  and  accordingly  paid  the  said  Sum,  and  died 
Seized  of  the  said  Land,  which  was  Settled  upon  the  Petitioner, 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 17(55-66.  107 

bounded  now  as  follows  viz'  Westerly  on  Land  of  Deacon  Stephen 
Badlam's  Heirs,  Northwardly  on  George  Talbut's  Land,  Eastwardly 
on  M"'  Whitley's  Land  of  Boston,  and  Southwardly  on  the  peti- 
tioners Land ;  but  that  none  of  the  said  English  Lessees  have  as 
yet  been  confirmed  in  their  Titles.  And  praying  that  his  Case  may 
be  considered,  and  his  title  confirmed. 

In  Council  read  &  concurred,  & 

Ordered  that  the  Prayer  of  the  Petition  be  so  far  granted  as  y' 
the  Guardeans  of  the  Punkapoag  or  Stoughton  Indians  are  hereby 
authorised  &  impowred  by  Deed  to  confirm  s"  seventeen  acres  of 
land  to  Him  the  s**  Enoch  &  His  Heirs 
In  the  House  of  Kep™ 

Bead  and  concurd.     \^Passed  February  20. 


CHAPTEE    224. 

ORDER  ALLOWING  30/  TO   JOHN   BROWN,  JR.  Legislative 

Records  of  the 
Council,  xxvi., 

Ordered  that  the  Sum  of  Thirty  shillings  be  paid  out  of  the  ^^ 

Treasury  to  Cap'  John  Brown  for  the  use  of  his  Son  John  Brown  House  Jour- 
jun''  for  his  Service  in  going  Express  to  Brig''''  Ruggles  to  direct  aa^.'''''    ''  "' 
liis  attendance  in  the  House.      \^Passed  February  20. 


CHAPTER    225, 


RESOLVE   ALLOWING   £1.  12.  5   TO   SAM"-  SAYER.  Legislative 

Records  of  the 
Council,  xxvi., 

Besolued  That  there  be  paid  out  of  the  Publick  Treasury  to  iso.  siass. 
Joseph  Sayer  Esq'  for  the  use  of  Samuel  Sayer  The  Sum  of  one  374.        '      "' 
pound  Twelue  Shillings  and  fine  pence  Lawfull  Money  For  the  House  Jour- 
Kedemption  of  a  Number  of  New   Tenor  Bills  Emitted  by  this  ■"»!,  p.299. 
Goverment.     [Passed  February  20. 


CHAPTER    226. 

RESOLVE   ALLOWING   £25  TO   CAP^  H.   YOUNG  BROWN. 

Cap''  Henry  Young  Brown  having  laid  before  the  Court  an  Legislative 
Account  of  the  Expence  he  had  been  at  to  procure  Advice  and  JS^uncu^  "xl'i* 
relief  with  respect  to  the  Township  granted  him  by  this  Govern-  i9i- 
ment,  now  claimed  by  New  Hampshire,  the  following  Order  passed  House  Jour- 
thereon  viz'  li^^^'^C' 

Resolved  That  the  Sum  of  Twenty  five  pounds  be  paid  out  of  the  chap.  22a. 
public  Treasury  to  the  Accomptant  as  a  full  recompence  for  liis 
Expences  abovementioned.     [Passed  February  21. 


108 


Province  Laws  {Resolves,  etc.).  —  1765-66.     [Chap.  227.] 


CHAPTEK    227 


ORDER    MAKING    PROVISION    IN    REGARD    TO    PROCEEDINGS    ON    THE 
BANKRUPT   ACT. 


Le.i^islatlve 
Becords  of  the 
Council,  xxvi., 
VM. 

Legislative 
Records  of  the 
Oouucil,  xxvi., 
124, 147  bis. 
House  Jour. 
nal,  p.  301. 
Province 
Laws,  iv.,  777, 
chap.  35 ;  803, 
chap.  2;  883, 
chap.  5;  926, 
note. 


Whereas  a  Bill  lias  passed  the  two  Houses,  and  now  lies  before 
his  Excellency  for  consideration,  intituled  "An  Act  for  repealing 
two  Acts,  one  intituled  An  Act  for  preventing  fraud  in  Debtors 
and  for  securing  the  Effects  of  Insolvent  Debtors  for  the  benefit 
of  their  Creditors :  The  other  Act  intituled  An  Act  in  addition  to 
an  Act  for  preventing  fraud  in  Debtors,  and  for  securing  the  Effects 
of  Insolvent  Debtors  for  the  benefit  of  their  Creditors:  both  made 
in  the  fifth  year  of  his  present  Majesty's  Eeign." 

Ordered  that  the  Justices  of  the  Superior  Court  of  Judicature 
&c  be,  and  hereby  are  directed  to  issue  no  Warrants  for  attaching 
the  Effects  of  absconding  or  concealed  Debtors,  until  after  the  end 
of  the  present  Session  of  the  General  Court,  saving  to  those  who 
had  before  this  time  legally  applied  for  sf^  Warrants,  and  had  a  right 
to  the  benefit  of  said  Acts.     [Passed  February  21. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed    iy66-6'j. 


[109] 


LEGISLATIVE   LIST^ 

FOR 


His  Excellency   FEANCIS   BERNARD, 

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

SECRETARY  OF  THE  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS.' 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  ivithin  the  Territory  formerly 
called  the  Colony  of  the  Massachtisetts  Bay  ; 

Samuel  Danforth  \  Thomas  Flucker 

Isaac  Royall  1  Nathaniel  Ropes 

John  Erving  J  Timothy  Paine 

William  Brattle  [  Royall  Tyler 

James  Bowdoin  \Esqrs.  Andrew  Belcher           ^Esqrs. 

Thomas  Hubbard  [  John  Chandler 

Israel  Williams  \  Joseph  Gerrish 

Harrison  Gray  I  James  Pitts 

James  Russell  /  Thomas  Saunders 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  New  PlymoiUh; 


Gamaliel  Bradford 
James  Otis 


Samuel  White 
Jerathmeel  Bowers 


j  ESQRS. 


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

John  Hill,  Nathaniel  Sparhawk  &  John  Bradbury,  Esqrs. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  lying 
between  the  River  of  Sagadehoc  &  Nova  Scotia  ; 

Jeremiah  Powell,  Esq. 

'  See  Legislative  Records  of  the  Council,  xxvi.,  106-201. 

-  Joseph  Gerrish  .-ind  Thomas  Saunders  of  Massachusetts  Bay,  James  Otis  and  Jerathmeel  Bowers  of 
New  Plymouth,  Nathaniel  Sparhawk  of  the  Province  of  Maine  and  Samuel  Dexter  of  the  Province  at 
large,  who  were  elected  by  the  House  of  Representatives,  %vere  rejected  by  the  Governor. 

[Ill] 


112     Province  Ijaws  {Resolves,  etc.).  —  1766-67.     [Representatives.] 

For  the  Province,  at  large :  — 
Benjamin  Lincoln  &  Samuel  Dexter,  Esqrs. 


KEPKESENTATIVES   OR   DEPUTIES. 
May  28,  1766  to  March  20,  1767. 
Mr.  THOMAS   CUSHIXG,  Speaker. 
County  of  Sckfolk. 

Boston,^  .     .     .  James  Otis,  Esq., 

Thoni.as  Gushing,  Esq., 

Mr.  Samuel  Adams, 

.Joliii  Hancock,  Esq. 
Boxburi/,     .     .  Thomas  Dudley,  Esq. 
Dorchester, .     .  Mr.  Samuel  Howe. 
Milton,   .     .     .  Mr.  Jazaniah  Tucker. 
Braintrce,   .     .  Ebenezer  Thayer,  Esq. 
Weymouth, .     .  James  Humphrey,  Esq. 
Hingham,    .     .  Mr.  Joshua  Hersey. 
Dedham,      .     .  Samuel  Dexter,  Esq. 
Medjield,      .     .  Mr.  Samuel  Morse. 
Stoughton,  .     .  jMr.  Hezekiah  Gay. 
Medway,     .     .  Capt.  Jonathan  Adams. 
Wrentham,  .     .  Mr.  Jabez  Fisher. 
Needham,    .     .  Mr.  Amos  Fuller. 
Chelsea,       .     ■  Mr.  Thomas  Pratt. 


County  of  Essex. 
Salem,   .     .     .  William  Brown,  Esq., 

Andrew  Oliver,  Esq. 
Ipswich,       .     .  Capt.  Michael  Farley. 
Newbury,    .     .  Joseph  Gerrish. 
Ncwburyport,  .  Benjamin  Greenleaf,  Esq. 
Marblehead,      .  Jacob  Fowle,  Esq., 

William  Bourne,  Esq. 
Lynn,     .     .     .  Mr.  Ebenezer  Burrill. 
Andover,     .     .  Samuel  Phillips,  Esq. 
Beverly,       .     .  Capt.  Henrj'  Ilerrick. 
Roivley,  .     .     .  Humphrey  Hopson,  Esq. 
Salisbury,  .     .  Caleb  Gushing,  Esq. 
Haverhill,   .     .  Richard  Saltonstall,  Esq. 
Olocester,    .      .  Thomas  Saunders,  Jr., 
Esq., 

Nathaniel  Allen,  Esq. 
Boxford,      .     .  Aarou  Wood,  Esq. 
Almsbury,  .     .  Jonatlian  Bagley,  Esq. 
Danvers,      .     .  Daniel  Epes,  Esq. 
Topsfield.     .     ■  Capt.  Samuel  Smith. 

'  This  is  followed  in  the  House  Journal, 


Counts 

of  Middlesex. 

Cambridge,     . 

.  Andrew  Bordman,  Esq. 

Charlestown,  . 

.  Capt.  Edward  Sheaffe. 

Woburn,     .     . 

.  Josiah  Johnson,  Esq.' 

Beading,    .     . 

.  Mr.  John  Temple. 

Newtown,  . 

.  Capt.  Abraham  Fuller. 

Marlborough, 

.  Mr.  Samuel  Witt. 

Watertown, 

Mr.  Daniel  Whitney. 

Oroton,                > 

Shirley  & 

•  Col.  James  Prescott. 

Pepperrell,          > 

• 

Billerica,   .     . 

William  Stickney,  Esq. 

Framingham, 

Joseph  Buckminster, 

Esq. 

Lexington, 

William  Reed,  Esq. 

Weslon,       .     . 

.  Mr.  Abraham  Bigelo(v. 

Chelmsford,    . 

.  Sampson  Stoddard,  Esq 

Maiden,     .     . 

.  Capt.    Ebenezer    Harn- 

den. 

Medford,    .     . 

.  Stephen  Hall,  Esq. 

Sudbury,  . 

John  Xojes,  Esq. 

Waltham,  .     . 

.  Mr.  Jonas  Dix. 

Lincoln, 

.  Mr.  Saiuuel  Farrar. 

Westford,    .     . 

.  Capt.  Jonas  Prescott. 

Stow,     .     .     ■ 

.  Henry  Gardner,  Esq. 

Sherburne, 

.  Mr.  Jonathan  Russell. 

Littleton,    . 

.  Capt.  Joseph  Harwood. 

County  of  Hampshire. 

Springfield  &  .    }  John  Worthington,  Esq. 

Wilbraham,     .    )  Josiah  Dwight,  Esq. 

Northampton  &  )  -^        ,    tt      ,        -r, 
„      ,  >  Joseph  Ilawley,  Esq. 

Sotithainp)ion,      > 

.  Oliver  Partridge,  Esq. 

.  Eldad  Taylor,  Esq. 

'  Elijah  Williams,  Esq. 


SouthainpU 
Hatfield,  . 
Westfield,  . 
Deerfiekl  & 
Greenfield, 
Brimfield,  . 
Hadley, 
Sunderland 


.  Mr.  Timothy  Danielson. 

.  ]Mr.  Enos  Nash. 

.  Mr.  Fellows  Billing. 


p.  4,  by  "  Concord,  Charles  Prescott,  Esq." 


[Repkesentatives.]     Province  Laws  (-Resolves,  ete.).  —  1766-67.      113 


County 

Worcester,  . 
Lancaster,  . 


Sutton,  . 
Rutland  & 
Rutland  Dis- 
trict, 

Westborough,  . 
Soulhborough, 
Hardwick,  . 

Shrewsbury,    . 
Stur  bridge, 
Bolton,  . 
Oxford  & 
Charlton, 
Leicester,   Spen- 
cer &  Paxton, 
Mendon, 
Harvard,    . 
Lunenburgh  & 
Fitchburgh, 
Orafton, 
Uxbridge,  .     . 

County 

Plymouth,  . 
Scituate, 
Marshfield, 
Bridgwater, 
Middleboro\ 
Rochester,  . 
Plympt07i,  . 
Pembroke,  . 
Abington,     . 


Kingston, 


OF  Worcester. 
Capt.  Ephraim  Doolittle 
Capt.  Asa  Whetcomb. 
Jedediah  Foster,  Esq. 
Capt.  Henry  King. 

John  Murray,  Esq. 

.  Mr.  Jonathan  Bond. 

,  Ezra  Taylor,  Esq. 

,  lion.  Timothy  Ruggles, 

Esq. 
.  Artemas  Ward,  Esq. 
.  Moses  Marcy,  Esq. 
,  Jolm  Whitcomb,  Esq. 

Josiah  Wolcot,  Esq. 

Capt.  John  Brown. 

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

Edward  Hartwell,  Esq. 

Mr.  Ephraim  Sherman. 
Capt.  Ezekiel  AVood. 

OF  Plymouth. 
James  W^arren,  Esq. 
Mr.  Gideon  Vinall. 
Mr.  Anthony  Thomas. 
Josiah  Edson,  Esq. 
Capt.  Ebenezer  Sprout. 
Mr.  Elisha  Barrow. 
Capt.  John  Bradford. 
Mr.  John  Turner. 
Capt.  Woodbridge 

Brown. 
William  Sever,  Esq. 


County  of  Barnstable. 


Barnstable, 
Sandwich,  . 
Eastham  & 
Wellfleet, 
Harwich,     . 


.  Nymphas  Marston,  Esq. 
.  Mr.  Stephen  Nye. 

I  Jonathan  Doane,  Esq. 

.  Chillingworth  Foster, 
Esq. 


County  of  Barnstable — Concluded. 
Yarmouth,  .     .     .  Mr.  David  Thaeher. 
Falmouth,    .     .     .  Rowland  Robinson, 
Esq. 

County  of  Bristol. 
Taunton,   .     .     .  Mr.  Joseph  Tisdale. 
Rehoboth,  .     .     .  Capt.  James  Clay. 
Swansey,  .     .     .  Jerathmeel  Bowers,  Esq. 
Dighton,    .     .     .  Ezra  Richmond,  Esq. 
Dartmouth,     .     .  Mr.  Walter  Spooner. 
Norton,      .     .     .  George  Leonard,  Jr., 

Esq. 
Attleborough,       .  Mr.  Ebenezer  Lane. 
Freetown,       .     .  Mr.  Thomas  Durfee. 


York,  . 
Eittery, 
Wells,  . 
Berwick, 

Arundel, 


County  of  York. 
.     .  Jonathan  Sayward,  Esq. 
.     .  James  Gowen,  Esq. 
.  John  Wheelwright,  Esq. 
.  Benjamin  Chadburn, 
Esq. 
.     .  Thomas  Perkins,  Esq. 
.  Jeremiah  Hill,  Esq. 


Dukes  County. 

Edgarton,      .     .  .John  Norton,  Esq. 
Tisbury,   .     .     .  .Tames  Athearn,  Esq. 
Chilmark,      .     .  Mr.  .Jeremiah  Mayhew. 

In  the  County  of  Nantucket. 
Sherburne,     .     .  Mr.  Stephen  Hussey. 

Col'nty  of  Cumberland. 

Falmouth  & 

Cape  Elizabeth, 

Scarborough,       .  Mr.  John  Stuart. 

North  Yarmouth,  Jeremiah  Powell,  Esq. 


Jedediah  Prebble,  Esq. 


Coutjty  of  Berkshire.' 
Tyringham,    .     .  John  Chadwick,  Esq. 
Sheffield,  Great 

Barrington  &       ^Mr.  Ebenezer  Smith. 
Egreinont, 


freat  n 
&       SMr. 


'  The  House  Journal,  p.  225,  gives  William  Williams  chosen  Representative  for  the  town  of  Pitts- 
field,  January  29,  1767. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-eighth  Day  of  May,  A.D.  1766. 


CHAPTEE    1. 

ORDER    IMPOWERING    THE    JUSTICES    OF    THE    SUPERIOR    COURT 
ESSEX   TO   AFFIRM   A  JUDGMENT. 

A  Petition  of  Joseph  Eaton  of  Lynn,  Praying  leave  to  enter  a  Legislative 
om plaint  at  the  next  Superior  Court  at  Ip  "  -   --- 

Judgment  obtained  against  Joseph  Woodman 

Read  and  Legislative 

Ordered,  That  the  prayer  of  this  Petition  be  granted,  and  that  councif,  xxvu, 
upon  the  Petitioners  entring  his  Complaint  at  the  Superior  Court  j^urimf'jfp  39 
to  be  holden  at  Ipswich  for  the  County  of  Essex  on  the  third  Tues-  4o. 
day  of  June  current;  the  Justices  of  said  Court  be,  and  they  are 
liereby  Authorised  to  affirm  the  Judgment  mentioned  in  said  Peti- 
tion with  additional  Costs,  and  to  grant  Execution  thereon  accord- 
ingly.    \^Passed  June  4. 


CHAPTER    2. 

ORDER  ALLOWING    A    COPY    OF    THE    PROVINCE    LAW    BOOKS    TO    THE  Legislative 

NEW   TOWNS   AND   DISTRICTS.  Records  of  the 

Council,  xxvi., 
223.    Mass. 

Ordered  that  the  Several  New  Towns  &  Districts  in  the  province  ^^I'^'glf' 

which  are  Incorporated  which  have  not  been  furnished  with  a  Set  r — '— 

of  the  province  Laws  have  the  Same  Allowed  them  at  the  publick  n»i,  p.  m. 
expence.      \^Passed  June  6. 


CHAPTEE    3. 

ORDER   IMPOWERING   THOMAS   CARTER,   THOMAS    GOWING,  AND    DAVID 
WILDER  TO   PAY   TAXES   TO   THE   SECOND   PARISH   IN   LEOMINSTER. 

A  Petition  of  Jonathan  White  and  others  Inhabitants  of  the  Legislative 
second  parish  in  Leominster     Setting  forth     That  this, Court  have  councf f  xx vi" 
been  pleased  to  set  off  a  number  of  the  Inhabitants  of  the  said  181,223.' 

[115] 


116 


Province  Laws  {Resolves, etc.).  — 1766-67.     [Chap.  4.] 


Legislative 
Records  of  the 
Council,  xxvi., 
■21.!.    He 
Journal,  pp. : 
52.    Ante, 
p.  70,  chap. 
134. 


second  parish,  and  annex  them  to  the  first  parish  in  said  Town, 
without  causing  them  to  be  notified,  that  so  they  might  have  shewn' 
cause  why  the  prayer  of  the  petitioners  should  not  have  been  granted. 
That  they  apprehend  this  was  done  in  consequence  of  some  misin- 
formation contained  in  their  Petition.  And  praying  for  Eelief. 

Eead  And 

Ordered  That  Thomas  Carter,  Thomas  Gowing  and  David  Wilder 
with  the  Lands  and  Estates  they  possess  and  improve,  which  before 
they  purchased  paid  to  the  said  second  parish,  still  continue  to  pay 
Taxes  to  s*^  second  Parish,  that  they  belong  to  said  second  parish 
together  with  the  heads  that  live  on  the  Estates  aforesaid;  and  that 
all  the  Lands  that  were  at  the  Incorporation  of  said  second  parish 
part  thereof,  do  as  truly  belong  to  said  second  Parish  now,  tho' 
sold  to  persons  living  in  the  first  parish,  and  they  are  hereby  ordered 
to  pay  Taxes  there  as  much  as  if  they  had  not  been  sold  but  were 
still  in  the  possession  of  those  original  Petitioners  for  said  second 
Parish.     \^Passed  June  6. 


CHAPTEK    4, 


Legislative 
Records  of  the 
Council,  xxvi., 
223.    Mass. 
Archives,  xlx., 
748. 

Mass. 

Archives,  xix., 
747.    House 
Journal,  pp.  35, 
50,  51.    Prov- 
ince Laws, 
ii.,  151,  chap.  10. 


RESOLVE    IMPOWERING    LYDIA     WARE,    EXECUTRIX,    TO     SELL     REAL 
ESTATE   AND   MAKING   PROVISION   EST   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Lydia  Ware,  Widow,  Executrix  of  the  last  Will 
of  William  Ware  late  of  Dighton  Physician  dec**  Setting  forth  That 
the  said  deceased's  personal  Estate  being  insuflEicient  to  pay  his  just 
Debts,  She  made  application  to  the  Superior  Court  for  leave  to  sell 
of  her  Testators  Eeal  Estate  to  the  value  of  £376,  and  that  having 
obtained  such  leave  she  hath  already  sold  fifty  Acres  of  Land  amount- 
ing to  £236.15.  That  large  Debts  have  since  appeared,  which  can 
be  discharged  no  otherwise  than  by  the  Sale  of  a  further  part  of 
the  Real  Estate.  That  there  still  remains  forty  five  Acres  of  Land 
with  a  Dwelling  House  thereon,  and  that  to  sell  a  part  of  the 
remainder  only,  would  sink  the  value  of  what  is  left.  And  praying 
leave  to  sell  the  whole  of  what  remains;  She  to  be  accountable. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  Granted  and  that 
the  Petitioner  be,  and  hereby  is  impowered  to  make  Sale  of  the 
Premisses  for  the  most  they  will  fetch  and  to  make  and  Execute  a 
good  Deed  or  Deeds  thereof  in  the  Law  She  observing  the  Direc- 
tions of  the  Law  for  the  Sale  of  Real  Estates  by  Executors  and 
administrators,  and  giving  proper  Caution  to  the  Judge  of  Probates 
for  the  County  of  Bristol  that  the  proceeds  ariseing  by  Such  Sale 
be  applied  for  the  payment  of  the  Deceaseds  Debts  and  the  over- 
plus (if  any  be)  to  be  Secured  &  Improved  for  the  Benifit  of  the 
Heir.     [Passed  June  6. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 176(3-67.  117 


CHAPTER    5. 

ORDER  WITH  STAY  OF  EXECUTION   IMPOWERING  CADWALLADER  FORD 
TO   BRING   FORWARD   A   WRIT   OF   REVIEW. 

A  Petition  of  Cadwallader  Ford  of  Wilmingtou  praying  liberty  Legislative 
to  review  an  Action  he  had  against  Joshua  Farnham  of  Woolwich,  coSnc'if.xxv'i^, 

Read  and  so  far  accepted  as  tliat  tlie  petitioner  have  liberty  to  2'M.  224 ' 
bring  forward  his  Writ  of  Review  of  the  same  Cause  at  the  Supe-  House  Jour- 
rior  Court  of  Judicature  &c  next  to  be  liolden  at  Falmouth  in  the  ^nle^v.  77, 
County  of  Cumberland;  and  that  the  Judges  of  the  said  Court  be,  chap.  151. 
and  they  hereby  are  authorised  and  impowered  to  hear  and  try  the 
said  Cause,  make  up  Judgment  and  award  Execution  thereou  ac- 
cordingly. And  the  Execution  on  the  former  Judgment  is  hereby 
stayed  in  the  meantime.     [Passed  June  6. 


CHAPTER    6. 

ORDER  IMPOWERING   JOHN   ROWE,  ADM»,  TO   SELL   REAL   ESTATE    AND 
MAKING  PROVISION  IN  REGARD  TO  THE   PROCEEDS. 

A  Petition  of  John  Rowe  Esq'  Admin"'  of  the  Estate  of  Isaac  Legislative 
Thomas  late  of  Hardwick  deceased     Setting  forth     That  the  said  Reco^^dsof^'^tje 
Isaac  died  Insolvent;  and  as  the  Superior  Court  will  not  sit  in  the  224. 
County  of  Worcester  'till  September  next  he  cannot  make  Sale  of  House  Jour- 
the  deceaseds  Estate  for  the  payment  of  Debts  sooner,  without  the  prov'jnre 
aid  of  this  Court.  And  praying  the  aid  thereof  accordingly.  Laws,  u.,  isi, 

Read  and 

Ordered,  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  in  his  capacity  be  and  hereby  is  impowered  to  make 
Sale  of  the  whole  of  the  Real  Estate  of  the  said  Isaac  Thomas  de- 
ceased for  the  payment  of  his  Debts,  and  to  make  and  Execute  a 
good  Deed  or  deeds  thereof  in  the  Law  to  the  purchaser  or  pur- 
chasers; He  Observing  the  directions  in  the  Law  respecting  the  Sale 
of  Real  Estates  by  Executors  &  Admin"  and  giving  caution  to  the 
Judge  of  Probate  for  the  County  of  Worcester  to  account  for  & 
apply  the  proceeds  for  the  payment  of  said  Debts  accordingly. 
[Passed  June  6. 


CHAPTER    7. 

RESOLVE  IMPOWERING  LYDIA  NEGUS,  ADM'^,  TO  SELL  HER  INTEREST 
IN  AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Lydia  Negus  of  Dartmouth  Admin^  of  the  Estate  Legislative 
of  Jonathan  Negus  late  of  said  Dartmouth  dec'^  Setting  forth    That  coSncI?  "xxvi! 
her  said  Husband's  Estate  being  insolvent.  She  upon  her  Petition  229. 
to  the  Superior  Court  obtained  leave  to  make- Sale  of  his  Real  Estate  House  .Tour, 
being  only  one  half  Acre  of  Land,  her  thirds  therein  excepted;  And  provmc?'^^' 


118 


Provin'Ce  Laws  (Besolves,  etc.).  —  1766-67.     [Chap.  8.] 


Laws,  li.,  151, 
chap.  10;  XV  ii, 
583,  chap.  164. 


praying  that  she  may  be  impowered  to  make  Sale  of  her  thirds  also 
in  the  said  Estate  for  the  payment  of  the  said  deceaseds  just  debts. 

[Kead  and] 

Resolred,  That  the  prayer  of  this  Petition  be  granted;  and  that 
the  Petitioner  in  her  said  Capacity  be,  and  hereby  is  impowered  to 
make  Sale  of  her  thirds  as  mentioned  in  this  Petition,  and  to  make 
and  Execute  a  good  deed  in  Law  of  the  same;  She  observing  the 
Eules  and  directions  in  the  Law  for  the  Sale  of  Real  Estate  by 
Exec"  and  Admin"  and  the  proceeds  arising  by  such  Sale  be  applied 
for  the  payment  of  the  deceaseds  debts  as  mentioned  in  this  Peti- 
tion.     \^Passed  June  6. 


CHAPTEE    8. 


RESOLVE  CONFIRMING  500  ACRES  OF  LAND   TO  THE   HEIRS   OF  JASHUR 
WYMAN. 


Legislative 
Becords  of  the 
Council,  xxvi., 

230. 

Legislative 
Records  of  the 
Council,  xxvi., 
193.    House 
Journal,  pp.  51, 
52.    Province 
Laws,  XV.,  99, 
chap.  232. 


A  Petition  of  Jonathan  White  &  Philip  Goodridge  attorneys  to 
the  Heirs  of  Jashur  Wyman  late  of  Townshend  deceased  preferred 
to  the  General  Court  in  February  last  Setting  forth  That  in  the 
year  1754  the  said  Court  made  a  Grant  of  500  Acres  of  Land  to 
the  said  Jashur,  a  plan  whereof  was  to  have  been  returned  in  twelve 
months;  but  that  he  dying  the  said  Land  was  never  laid  out  'till 
now:  And  praying  that  the  same  may  be  confirmed  agreable  to  a 
Plan  now  exhibited.  Whereupon  the  following  Order  then  passed 
the  two  Houses  viz' 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that 
the  Plan  of  five  hundred  Acres  of  Land  delineated  and  described 
as  follows,  beginning  at  the  Southeast  corner  of  Charlemont  and 
running  on  Deerfield  West  Line  S°  14°  West  One  hundred  and  sixty 
two  perch  to  a  stake,  then  West  19°  North  five  hundred  forty  five 
perch  to  a  stake,  then  North  east  to  Charlemont  Line  One  hundred 
and  eighty  four  perch,  and  then  East  19°  S°  four  hundred  &  fifty 
perch  on  Charlemont  Line  to  where  it  first  began:  herewith  pre- 
sented for  allowance  to  satisfy  a  Grant  of  five  hundred  Acres  of 
Land  made  by  this  Court  to  Jashur  Wyman  late  of  Townshend  in 
the  County  of  Middlesex  deceased  AD  1754  be  accepted  and  hereby 
is  Confirmed  unto  the  Heirs  &  legal  Representatives  of  the  said 
Jashur  Wyman,  their  Heirs  and  Assigns  forever.  Provided  that  it 
doth  not  exceed  the  quantity  of  five  hundred  Acres,  nor  interfere 
with  any  former  Grant. 

The  Confirmation  of  this  Grant  being  not  then  compleated  the 
following  Order  now  passed  the  General  Court  viz' 

Resolved  that  the  Petition  be  revived,  and  the  foregoing  Resolve 
be  confirmed.     \^Passed  June  6. 


[1st  Sess.]     Pbovence  Laws  (Resolves,  etc.).  —  1766-67.  119 


CHAPTER    9. 

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

A  Petition  of  Joseph  Porter  Admin'  of  the  Estate  of  Sam'  Eider  Legislative 
late  of  middleborough  deceased     Setting  forth     That  the  said  de-  coSnctf,  xxt*!!; 

ceaseds  personal  Estate  is  insufficient  to  pay  his  just  debts,  which  ^ 

amount  to  £31.10.8  more  than  his  personal  Estate  And  praying  that  House  Jour- 
he  may  be  impowered  to  sell  so  much  of  the  said  deceaseds  Keal  54. ' 'p'roviVc 
Estate  as  will  discharge  the  said  debts,  and  contingent  Charges.        dfa^^o'^^^' 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted :  And  that 
the  Petitioner  be  &  hereby  is  impowered  to  make  Sale  of  so  much 
of  the  deceaseds  Real  Estate,  where  it  can  best  be  spared,  as  shall 
amount  to  the  value  of  Thirty  five  pounds  for  the  payment  of  his 
Debts,  and  the  charges  of  the  Sale,  and  to  make  and  execute  a  good 
deed  or  deeds  thereof  in  the  Law ;  He  Observing  the  directions  of 
the  Law  for  the  Sale  of  Real  Estates  by  Executors  and  Adminis- 
trators and  giving  proper  caution  to  the  Judge  of  Probate  for  the 
County  of  Plymouth,  that  the  proceeds  arising  by  such  Sale  be 
applied  to  the  purposes  aforesaid,  and  the  Overplus,  if  any  there 
be,  to  be  secured  for  the  benefit  of  the  Heirs.     [Passed  June  6. 


CHAPTER    10. 

RESOLVE   ALLOWING   THE    ACCOUNT    OF    THE    TREAS=  OF    WORCESTER 
COUNTY. 

An  Account  of  John  Chandler  Esq'  Treasurer  for  the  County  Legislative 
of  Worcester  being  laid  before  the  Court  for  their  allowance,  the  coJiScfr  .xlvi" 
following  Order  passed  thereon  viz'  231.      '"     ' 

Resolved  That  the  within  Account,  being  right  cast  and  well  House  Jour- 
vouched  be  accepted;  and  that  the  Treasurer  be  discharged  of  the  "g*'' pp- 1*. 37, 
Sum  of  One  hundred  &  ninety  five  pounds,  fourteen  shillings  %* 
exclusive  of  the  Sum  Twenty  two  pounds,  fourteen  shillings  and 
two  pence  set  on  the  Town  of  Woodstock  in  the  year  1765,  which 
he  has  paid  by  order  of  the  Court  of  Sessions :  and  that  a  balance 
of  the  Sum  of  Two  hundred  forty  two  pounds,  one  shilling,  one 
penny  %  still  remaining  due  to  the  County,  he  be  further  account- 
able for  and  also  for  the  Tax  set  on  the  Town  of  Woodstock  when 
received.     [Passed  June  6. 


CHAPTER    11. 

RESOLVE    CONFIRMING    A    PLAN    OF    1,080    ACRES    OF    LAND    TO    STORY 
DAWES   AND   PETER   ROBERTS. 

A  Pl.\n  of  One  thousand  and  eighty  Acres  of  Land  laid  out  in  Legislative 
satisfaction  of  a  Grant  made  by  the  Great  and  General  Court  to  coSncu^  xi** 
Mess'"  Story  Dawes  and  Peter  Roberts  Heirs  of  John  White  late  g°i"°''  ■^^•^■. 


120 


Province  Laws  (i?e.so?i'e5,e<c.). — 1766-67.     [Chaps.  12,13.] 


House  Jour- 
nal, pp.  49, 53. 
ATite,  p.  46, 
chap.  t<8. 


of  Boston  deceased  June  24"'  1765  bounding  East  on  Township 
N°  7  South  on  N°  4  partly,  and  partly  on  N"  5  Townships,  West 
and  North  on  unappropriated  Lands  having  been  presented  to  the 
Court  for  allowance,  the  following  Order  passed  thereon  viz' 

Resolved  That  the  within  plan  of  One  thousand  and  eighty  Acres 
of  Land  be  accepted :  and  hereby  is  confirmed  unto  Story  Dawes 
and  Peter  Roberts  the  Heirs  of  John  White  deceased,  their  Heirs 
and  Assigns  forever.  Provided  that  it  doth  not  exceed  the  said  quan- 
tity of  Acres,  nor  interfere  with  any  former  Grant.     [Passed  June  6. 


Legislative 
Records  of  the 
Council,  xxvi., 


House  Jour- 
nal, pp.49, 53. 
Ante^  p.  46, 
chap.  89. 


CHAPTER    12, 


RESOLVE    CONFIRMING    A    PLAN     OF  393    ACRES    OF    LAND    TO    JOSEPH 
WELD   .AND   OTHERS. 

A  Plan  of  Three  hundred  and  ninety  three  Acres  of  Land  which 
was  laid  out  in  satisfaction  of  a  Grant  made  by  the  Great  and  Gen- 
eral Court  to  M'  Joseph  Weld  and  others  Heirs  of  John  White  Esq' 
late  of  Boston  deceased  June  24"'  1765  bounding  South  on  the 
North  Line  of  N°  4  Township,  East  on  a  Grant  made  to  Mess" 
Story  Dawes  and  Peter  Roberts,  North  &  West  on  unappropriated 
Lands  having  been  presented  to  the  Court  for  allowance,  the  fol- 
lowing Order  passed  thereon  viz' 

Resolved  the  within  plan  of  Three  hundred  and  ninety  three 
Acres  of  Laud  be  accepted,  and  hereby  is  confirmed  unto  Joseph 
Weld  and  Others  the  Heirs  of  John  White  Esq''  deceased,  their 
Heirs  and  Assigns  forever.  Provided  that  it  doth  not  exceed  the 
said  quantity  of  Acres,  nor  interfere  with  any  former  Grant. 
June  6. 


CHAPTEE    13. 


ORDER  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY  OF 
WORCESTER  TO  SET  OFF  THE  INCOME  OF  ONE  THIRD  OF  THE 
ESTATE   OF  THE   LATE   DANIEL  SEAL  TO   HIS   WIDOW. 


Legislative 
Records  of  the 
Council,  xxvi., 
232. 

House  Jour- 
nal,pp. 47, 48, 
54.    Ante, 
p.  100,  chap. 


A  Petition  of  Robert  Saunders  of  Mendou  &  Mehitabel  his  Wife, 
late  Relict  Widow  of  Daniel  Beale  of  said  Mendon  deceased,  and 
sole  Admin^  of  his  Estate  Setting  forth  That  on  the  15"'  of  Jan^ 
last  they  preferred  a  Petition  to  the  General  Court  praying  liberty 
to  sell  the  said  deceaseds  Real  Estate  for  the  reasons  therein  men- 
tioned, who  thereupon  impowered  them  to  sell  the  Hoiise  and  forty 
nine  Acres  of  Land  mentioned  in  said  petition;  but  did  not  impower 
the  Judge  of  Probate  to  set  off  the  Income  of  one  third  part  of  said 
Estate  for  the  Widows  Use  during  her  natural  life  Therefore  pray- 
ing the  said  Judge  may  be  now  impowered  to  set  off  to  her,  her 
said  thirds  of  said  Estate,  She  giving  proper  caution  for  securing 
the  Heirs  of  the  said  deceased. 

Read  and 

Ordered  that  the  prayer  of  the  Petition  be  granted ;  and  the  Judge 
of  Probate  for  the  County  of  Worcester  is  accordingly  impowered 
and  ordered  to  set  off  the  Income  of  one  third  part  of  the  proceeds 
of  the  Estate  of  the  within  named  Daniel  Beal  late  of  Mendon 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 176(5-67.  121 

deceased,  when  sold  for  the  most  it  will  sell  for,  to  the  late  Widow 
of  the  s''  Daniel  Beal  during  her  natural  life,  the  Petitioner  giving 
sufficient  caution  to  the  Judge  of  Probate  for  the  County  of  Worces- 
ter to  secure  to  the  Heirs  of  the  said  Daniel  Beal  the  said  thirds  at 
the  decease  of  the  said  Mehitabel.     [Passed  June  6. 


CHAPTEE    14. 

RESOLVE   CONFIRMING  A  PLAN   OF   5,500  ACRES  OF   EQUIVALENT  LAND 
TO    AARON    WILLARD   AND   OTHERS. 

A  Plan  of  Five  thousand  and  five  hundred  Acres  of  Land  sit-  Legislative 
uate  in  the  County  of  Berkshire,  bounding  North  on  East  Hoosuck  councif.xxvL, 
partly,  and  partly  on  unappropriated  Lands,  West  on  the  foot  of  """ 


Hoosuck   Mountain,  South  on  the  North   Line  of  Lanesborongh  ^aTpp'^^Mi 
partly,  and  partly  on  Number  four  Township,  and  East  on  unap-  Province ' 
propriated  Lands,  being  a  Grant  made   by  the   Great  &   General  lOT^chap.'ffii; 
Court  at  their  Session  in  Boston  June  2)1^  1765  to  Aaron  Willard  ^'jf^'^j**- 
Esq'  and  his  Associates  f)roprietors  of  Township  N°  three  being  an 
equivalent  for  a  deficiency  in  said  Town,  Surveyed  June  1765  and 
planned  by  a  Scale  of  two  hundred  &  forty  perch  in  an  inch  and 
includes  eleven  hundred  and  seventy  six  acres,  a  Grant  some  time 
since  made  to  the  Town  of  Hatfield    p  Nath'  D  wight  Surveyor    hav- 
ing been  presented  to  the  Court  for  acceptance,  the  following  Order 
passed  thereon  viz' 

Resolved  That  the  within  Plan  of  five  thousand  and  five  hundred 
Acres  of  Land  be  accepted  and  hereby  is  confirmed  unto  Aaron 
Willard  Esq'  and  his  Associates  their  Heirs  and  Assigns  forever. 
Provided  that  it  doth  not  exceed  the  said  quantity  of  Acres  nor 
interfere  with  any  former  Grant  they  performing  the  Settlement 
originally  enjoined  by  the  Court  upon  the  Township  Number  three 
within  mentioned.     [Passed  June  9. 


CHAPTEE    15. 

RESOLVE  IMPOWERING  HANNAH  POMROY,  ADM^,  TO  EXECUTE  A  DEED. 

A  Petition  of  Hannah  Pomroy  Admin^  of  the  Estate  of  Cap'  Legislative 
John  Pomroy  late  of  Northampton  deceased     Setting  forth  That  councu.xxvi., 
the  said  John  did  in  the  year  1753  sell  to  Ebenezer  Hunt  a  certain  ?^ 


Tract  or  parcel  of  Woodland  lying  in  that  division  of  Lands  in  said  ^°i"°^  "^ ig''3fi 

Town  called  the  little  Division,  and  received  of  the  said  Ebenezer  37. ' 

a  consideration  therefor,  agreable  to  contract,  but  dyed  without 

giving  any  Deed  or  conveyance  of  said  Land,  and  the  said  Ebenezer 

is  yet  without  any  title  thereto.  And  praying  that  she  may  be  im- 

powered  to  give  to  him  a  good  and  effectual  deed  and  conveyance 

of  the  same  Land. 

[Head  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted.  And  that 
the  Petitioner  be,  and  hereby  is  authorised  and  impowered  in  her 
said  capacity  to  make  and  execute  a  deed  of  Bargain  and  Sale  to 
the  said  Ebenezer  Hunt  of  the  said  Premises,  to  have  and  to  hold 


122 


Province  LiA\ys  {liesoh-es,  etc. ) .  —  176(5-(i7.     [Chaps.  l(i-l<s.] 


the  same  to  him  in  Fee  simple.  And  that  such  deed  when  executed, 
shall  be  as  good  &  effectual  to  all  intents  and  purposes  to  vest  the 
whole  Estate  of  the  said  Premises  in  him  the  said  Ebenezer,  as  if 
the  said  deceased  had  made  and  executed  such  Deed  of  the  same 
premises  in  his  life  time.      [Passed  June  9. 


CHAPTER    16. 

RESOLVE  GRANTING  500  ACRES  OF  EQUIVALENT  LAND  TO  EDW^  WOOD- 
MAN. 

Recordfonhe       ^  PETITION  of  Edward  Woodman  of  Durham  in  New  Hampshire 
Council,  xxTi.,  praying  for  an  Equivalent  on  account  of  a  Grant  made  to  his  Great 

— Grandfather  Edward  Woodman  in  1661  which  was  laid  out  at  a  place 

Kefords'otthe  "0^  Called  Londonderry,  and  falling  within  the  Province  of  New 
Council,  xxTi.,  Hampshire, 

132.     House  rxi        J  n 

Journal,  pp.  34,       [Kead  and  J 

*'•  Resolved  that  the  prayer  of  the  said  Petitioner  be  so  far  granted ; 

and  that  there  be  ancl  is  hereby  granted  unto  the  Petitioner  his  Heirs 
and  Assigns  forever,  Five  hundred  acres  of  the  unappropriated  Lauds 
of  this  Province  lying  in  the  County  of  York  to  be  taken  up  in  one 
body,  in  full  consideration  for  the  loss  he  hath  sustained  as  set  forth 
in  his  Petition :  and  that  he  be  allowed  twelve  months  from  the  date 
hereof  to  return  a  plan  thereof  to  this  Court  for  confirmation,  to 
be  taken  by  a  Surveyor  &  Chain  men  on  Oath.     [Passed  Jtcne  9. 


CHAPTER    17 


RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    BERK- 
SHIRE  COUNTY. 


Legisl.itive 
Records  of  the 
Council,  xxvi., 
241. 

House  Jour- 
nal,pp.  14, 19. 


An  Account  of  Mark  Hopkins  Treasurer  for  the  County  of  Berk- 
shire being  offered  to  the  Court  for  allowance,  the  following  Order 
Ijassed  thereon  viz' 

Resolved  that  the  foregoing  Account,  being  right  cast  and  well 
vouched,  be  allowed,  and  that  the  County  be  further  accountable 
to  the  Treasurer  for  the  Sum  of  Ten  pounds,  nine  shillings  and 
four  pence  %  which  he  has  paid  out  more  than  he  has  received. 
[Passed  June  10. 


CHAPTER    18. 


Legislative 
Records  of  the 
Council,  xxvi., 
242. 

House  Jour- 
nal, p.  70. 


ORDER  OF  NOTICE  WITH   STAY  OF   EXECUTION   ON    THE    PETITION    OF 
ANDREW   BELCHER,  ESQ.,  IN    REGARD   TO   A   JUDGMENT. 

A  Petition  of  Andrew  Belcher  Esq'  Setting  forth  That  he 
had  an  Action  of  Trespass  depending  at  the  last  Supierior  Court 
held  at  Plymouth  against  Enoch  Hunt  of  W'eymouth ;  but  as  the 
trials  upon  Civil  Actions  had  been  for  some  time  suspended  on 
account  of  the  Stamp  Act,  he  did  not  expect  the  case  would  have 
been  called;  but  the  Court  proceeding  suddenly  on  the  business  he 
had  no  time  to  summon  his  Witnesses,  by  reason  whereof  the  said 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  — 1766-67.  123 

Hunt  recovered  Costs:  And  praying  that  Execution  may  be  stayed, 
and  that  he  may  have  a  hearing  at  the  next  Superior  Court  at 
Plymouth. 

Read  and 

Ordered  that  the  Petitioner  notify  the  adverse  party  Enoch  Hunt 
witli  a  Copy  of  this  Petition  that  he  shew  cause  (if  any  he  hath) 
on  the  second  Wednesday  of  the  next  Session  of  this  Court,  why 
the  prayer  thereof  should  not  be  granted,  and  that  Execution  be 
stayed  in  the  mean  time.     [Passed  June  11. 


CHAPTEE    19. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF    THE    TREASURER    OF    ESSEX 
COUNTY. 

An  Account  presented  by  Joseph  Appleton  Esq"'  Executor  of  JjIfords'Jfthe 
John  Choate  Esq'  dec''  late  Treasurer  of  the  County  of  Essex  for  council, xxvi., 
the  allowance  of  this  Court,  the  following  Order  passed  thereon  '^ 

„•    t  House  Jour- 

*1Z  nal,pp.l4,55. 

Resolved  That  the  within  Account,  being  right  cast  and  well  ^nu,  p.  lo, 
vouched,  be  allowed,  and  that  the  balance  due  to  the  Estate  of  the 
late  Treasurer  the  Hon'''''  John  Choate  Esq'  deceased  being  Fifty 
two  pounds,  one  shilling  and  two  pence  y^"^  the  County  be  account- 
able for  to  the  Executor  of  his  last  Will  and  Testament,  and  that 
the  present  Treasurer  M'  Michael  Farley  be  accountable  to  the  said 
County  for  the  Sum  of  One  hundred  and  four  pounds,  eighteen 
shillings  and  five  pence  that  appears  to  be  due  for  outstanding 
Taxes  when  he  shall  receive  the  same.     [Passed  June  11. 


chap.  8. 


CHAPTEE    20. 

RESOLVE  CONFIRMING  THE  TOWNSHIP  OF  MURRAYFIELD  TO  TIMOTHY 
PAINE,  JOHN  CHANDLER,  JOHN  MURRAY,  ABIJAH  WILLARD  AND 
JAMES   OTIS. 

A  Petition  of  Timothy  Paine,  John  Chandler,  John  Murray  Legislative 
and  Abijah  Willard  Esq'«  Setting  forth     That  in  June  1762  they  coSncn"  xU?^ 

purchased  a  Tract  of  Land  of  the  Government  for  a  Township  since  -^ 

which  they  admitted  James  Otis  Esq'  as  a  Partner  to  one  fifth  of  House  Jour- 
three  fourths;  that  the  same  is  now  incorporated  into  a  Town  by  TfVprovince 
the  name  of  Murrayfield,  and  that  they  have  nearly  complyed  with  ctfa^^asVssg'' 
the  Conditions  of  Settlement;  but  that  they  have  no  absolute  Grant  note;  xvii.,243, 
from  the  Government,  which  prevents  them  giving  a  title  to  pur-  "  "'"' 
chasers  who  appear  to  buy  lots  of  Land  in  said  Township     And 
praying  that  the  said  Town  may  be  confirmed  to  the  said  Timothy 
Paine,  John  Chandler,  John  Murray  &  Abijah  Willard  viz'  to  the 
s*  Tim"  Paine,  John  Chandler  &  .John  Murray  each  one  fifth,  to 
the  said  Abijah  Willard  one  fourth  and  to  the  said  James  Otis  one 
fifth  of  three  fourths. 

[Eead  and] 

Resolved  that  the  Township  mentioned  in  the  within  Petition  be 
granted  and  confirmed  to  the  Petitioners  in  the  following  proper- 


124 


Province  Laws  {Resolves,  etc).  — 1766-67.     [Chaps.  21-23.] 


tion  viz'  To  the  said  Timothy  Paine,  John  Chandler  and  John  Mur- 
ray each  one  fifth  part  thereof:  to  the  said  Abijah  Willard  one  fourth 
part  thereof;  and  to  the  said  James  Otis  one  fifth  of  three  fourths 
thereof,  to  them  their  Heirs  and  assigns  forever,  they  compleating 
the  Settlement  thereon  originally  enjoined.     [Passed  June  11. 


CHAPTER    21, 


Legislative 
Records  of  the 
Council,  xxTi., 

245. 

House  Jour- 
nal, pp.  14, 37. 


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

An  Account  of  Solomon  Otis  Esq'  Treasurer  of  the  County  of 
Barnstaple  having  been  laid  before  the  Court  for  allowance  the  fol- 
lowing Order  passed  thereon  viz' 

Resolved  that  the  foregoing  account,  being  right  cast  and  well 
vouched,  be  accepted,  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  One  hundred  and  sixteen  pounds,  eighteen  shillings  &  two 
pence  %  which  he  has  paid  by  order  of  the  Court  of  Sessions  and 
that  a  balance  of  the  Sum  of  Eighty  six  pounds,  nine  shillings  & 
five  pence,  still  remaining  due  to  the  County  he  be  further  account- 
able for.      [Passed  June  12. 


CHAPTEE    22 


Legislative 
Records  of  the 
Council,  xxTi., 

246. 


RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUNTY. 

An  Account  of  John  Cotton  Esq'  Treasurer  of  the  County  of 
Plymouth  having  been  laid  before  the  Court  for  allowance  the  fol- 
lowing Order  passed  thereon  viz' 

Resolved  that  the  foregoing  Account  being  right  cast  and  well 
vouched  be  allowed ;  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  One  hundred  &  seventy  nine  pounds,  fifteen  shillings  and 
five  pence  which  he  has  paid  by  order  of  the  Court  of  Sessions,  and 
that  a  balance  of  the  Sum  of  One  hundred  and  forty  six  pounds, 
twelve  shillings  and  ten  pence  due  to  the  County,  he  be  further  ac- 
countable for  when  by  him  received.     [Passed  June  12. 


CHAPTER    23. 


RESOLVE  ALLOWING  THE  PURCHASERS  OF  TOWNSHIP  N°  3  TO  GIVE 
BOND  FOR  THEIR  SEVERAL  PROPORTIONS  OF  AMOUNT  DUE  ON 
AARON    WILLAKDS   BOND. 


Legislative 
Records  of  the 
Council,  xxvi., 
246. 

House  Jour- 
nal, pp.  61, 71. 
Province 
Laws,  Iv.,  1049, 
note;  xvil., 
24-2,  chap.  50. 


Whereas  in  June  1762  Aaron  Willard  jun'  of  Lancaster  Esq' 
purchased  of  this  Province  the  new  Township  N°  3  lying  in  the 
County  of  Hampshire  adjoining  to  the  Township  of  Chesterfield 
for  himself  and  four  Others  his  associates  in  the  said  Purchase,  and 
gave  his  Bond  to  the  Treasurer  of  the  Province  with  Sureties  for 
the  purchase  money  agreable  to  the  Order  of  this  Court  &c  And 
whereas  the  said  purchaser  and  his  associates  have  made  partition 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1766-67.  125 

between  themselves  of  some  considerable  part  of  the  said  Land,  and 
are  now  ready  to  make  considei'able  payment  in  part  of  the  said 
Aaron's  Bond  aforesaid.  And  the  said  Aaron  and  his  Associates  afore- 
said being  desirous  and  having  moved  this  Court  that  they  may  make 
their  several  Securities  to  the  Province  Treasurer  for  their  several 
proportions  of  the  Sum  that  may  remain  unpaid  on  his  Bond  afore- 
said. 

Resolved  That  the  Province  Treasurer  be  permitted  to  accept  the 
several  Securities  of  the  said  purchaser  and  his  said  associates  for 
their  respective  proportions  of  the  Sum  due  on  the  said  Aaron's 
Bond  aforesaid ;  they  giving  their  Bonds  with  sufficient  Sureties 
effectually  to  secure  the  payment  thereof;  and  that  the  same  being 
done  the  said  Treasurer  be  directed  to  deliver  up  to  the  said  Aaron 
his  said  original  Bond.     [Passed  June  12. 


CHAPTEK    24. 

RESOLVE    CONFIRMING    TOWNSHIP    N"   2    TO   OLIVER   PARTRIDGE,  ESQ", 
AND   OTHERS. 

A  Petition"  of   Oliver  Partridge  Esq""  in  behalf  of  himself  &  o|?'°Jf*'\®  ^ 
Associates     Setting  forth     That  in  the  year  1763  They  purchased  council,  xxvi., 

of  the  Government  a  Township  called  N°  2  and  have  performed  a  '— 

great  part  of  the  duty  enjoined  on  them,  but  are  not  impowered  to  ^sTpp-'smt, 
make  Conveyances  to  the  Settlers  or  Others  inclined  to  purchase.  "8. 'province 
And  Praying  that  the  said  Township  may  be  granted  and  Confirmed  242,  chap.  so. 
to  them,  that  they  may  be  thereby  enabled  to  make  conveyances, 
and  go  on  with  their  Settlements. 

[Read  and] 

Resolved  That  the  Township  N°  2  which  was  sold  by  this  Govern- 
ment in  1762  now  belonging  to  Oliver  Partridge  and  Elisha  Jones 
Esq"  and  their  associates  lying  in  the  County  of  Berkshire  bounded 
as  follows,  beginning  at  the  Northeast  Corner  of  Ashuelot  Equiva- 
lent, thence  running  East  20  South  2,011  Perch  to  a  Stake  and  large 
heap  of  Stones,  thence  South  20  West  2,016  Perch  to  a  large  Maple 
Tree  marked  thence  West  20  North  2,011  Perch  to  a  small  Beach 
Tree  marked  thence  North  20  East  to  the  first  Bounds,  be  granted 
&  confirmed  to  the  said  Oliver  Partridge  and  Elisha  Jones  and  their 
Associates  in  the  said  purchase,  and  to  their  Heirs  and  assigns,  they 
performing  the  Settlement  thereon  originally  enjoined ;  saving  the 
quantity  of  two  thousand  and  three  hundred  Acres  of  Lands  in- 
cluded in  said  Lines  which  were  Grants  heretofore  made  by  the  Gen- 
eral Court  to  particular  persons.      {^Passed  June  13. 


CHAPTEE    25 


RESOLVE   DIRECTING  THE   PROVINCE  TREASURER   TO   PAY    £1,112.  18.  7^ 
TO   THE    COMMITTEE   FOR   REBUILDING   HARVARD  COLLEGE. 

Resolved  That  the  Province  Treasurer  be  &  hereby  is  directed  to  Legisi.itive 
pay  out  of  the  Publick  Treasury  to  the  Committee  appointed  to  coundfxxl'i^ 
Rebuild  Harvard  Colledge  the  Sum  of  Eleven  hundred  &  twelve  2^9.  Mass. 
pounds  Eighteen  Shillings  &  seven  pence  half  penny  to  enable  them  iviii.,'5M«. 


126 


Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  26-28.] 


House  Jour- 
nal, pp.  75, 77, 
80,  81.    Prov- 
ince Laws, 
xvU.,  470,  chap 
231.    Ante, 
p.  33,  chap.  58. 


to  pay  the  several  ballaiices  now  due  to  the  Workmen  &c  which  is 
in  full  for  the  Charge  &  Cost  of  rebuilding  said  Colledge.  [Passed 
June  IS. 


CHAPTEK    26. 


RESOLVE  IMPOWERING  THE  TOWN  OF  TYRINGHAM  TO  RETURN  A  LIST 
OF  VALUATION   OF  RATEABLE  POLLS   AND  ESTATES. 


Legislative 
Records  of  t 
Council,  XXV 
•2,iO. 

House  Jour- 
nal, p.  79. 
Province 
Laws,  Iv.,  86( 
note. 


A  Petition  of  William  Hale  and  Others,  a  Committee  of  the 
Inhabitants  of  Tryingham     Setting  forth     That  they  are  greatly 
overrated  to  the  Province  Tax  the  last  year;  and  praying  an  abate- 
ment; Whereupon  the  following  Order  passed  viz' 
In  the  House  of  Representatives. 

Whereas  it  appears  to  this  House  that  the  said  Town  at  the  time 
of  taking  the  general  valuation  had  no  opportunity  to  return  a  List 
of  their  rateable  Polls  and  Estates.  Therefore 

Resolved  That  the  said  Town  have  leave  to  return  such  List  to 
this  House  at  the  next  Winter  Session  to  which  time  their  Petition 
and  all  matters  relative  thereto  is  referred. 

In  Council,  Eead  and  Concurred.      [Passed  June  14. 


Legislative 
Records  of  the 
Council,  xxvl., 


CHAPTEK    27. 

RESOLVE  ALLOWING  THE   ACCOUNT  OF  THE   TREASURER  OF   SUFFOLK 
COUNTY. 

An  Account  of  Joshua  Henshaw  Esq''  Treasurer  of  the  County 
of  Suffolk,  being  laid  before  the  Court  for  allowance,  the  following 
Order  passed  thereon  viz' 

Resolved  That  the  within  Account,  being  right  cast  and  well 
vouched  be  allowed :  and  that  the  Treasurer  be  discharged  of  the 
sum  of  Three  hundred  and  twenty  five  pounds,  thirteen  shillings 
and  two  pence  14  which  he  has  paid  by  order  of  the  Court  of  Ses- 
sions: and  that  a  balance  of  Sixteen  hundred  and  twenty  seven 
pounds,  one  shilling  &  seven  pence  still  remaining  due  to  the 
County,  and  is  outstanding  in  the  hands  of  several  Constables, 
he  be  further  accountable  for,  when  by  him  received.  [Passed 
June  14. 


CHAPTEK    28, 


RESOLVE  IMPOWERING  BENJAMIN   WITT,  ADM=,  TO   SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN  REGARD   TO   THE   PROCEEDS. 


Legislative  A  PETITION  of  Beni^  Witt  Admin'  of  the  Estate  of  John  Witt 

Records  of  the  ».-^,  ,         "^no/-.  t  /.i-^i-ii  j 

Councu, xxvl.,  late  of  Glocester  deceased,  &  Guardian  to  two  or  his  Cliilaren  and 
of  Jacob  Parsons  Guardian  to  two  more,  which  four  are  all  Females, 
and  the  only  surviving  Children  of  the  deceased  Setting  forth  That 
the  deceaseds  Real  Estate  was  apprized  at  Two  hundred  fifty  six 
pounds  %  of  which  the  Superior  Court  hath  ordered  to  be  sold  to 
the  amount  of  One  hundred  &  sixty  pounds  for  the  payment  of 


House  Jour- 
nal, pp.  66, 87. 
Province 
Laws,  11.,  151, 
chap.  10. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  127 

debts;  but  that  the  whole  exclusive  of  an  unfinished  dwelling  House 
Is  insufficient  for  the  purpose,  and  the  said  House  cannot  be  sold 
off  in  parcels ;  and  as  the  Children  are  young  Praying  they  may  be 
impowered  to  sell  the  whole  of  the  said  deceaseds  Real  Estate  they 
to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted;  and  that 
Benjamin  Witt  Admin'  of  the  Estate  of  John  Witt  within  men- 
tioned be  and  he  is  hereby  impowered  to  make  Sale  of  the  Premises, 
mentioned  in  this  Petition  for  the  most  the  same  will  fetch,  &  make 
and  execute  a  good  deed  thereof  to  the  purchaser,  he  Observing  the 
Rules  and  directions  of  the  law  relative  to  the  Sale  of  Real  Estates 
by  Executors  and  Administrators,  and  giving  caution  to  the  Judge 
of  Probate  for  the  County  of  Essex,  that  the  proceeds  arising  by 
such  Sale  be  applied  so  far  as  shall  be  necessary  for  the  purposes 
mentioned  in  this  Petition;  and  that  the  Overplus,  if  any  be,  be 
secured  for  the  benefit  of  the  Heirs  at  law  of  the  said  deceased. 
[Passed  June  16. 


CHAPTEK    29. 

RESOLVE  ALLOWING   £13.  7.  5  TO   W'"  EASTMAN. 

A   Petition  of   William  Eastman   of   South  Hadley      Setting  Legislative 
forth.   That  in  Jan''   1761   the   General   Court  appointed  a  Com-  c^unen^_ "xvL, 
mittee  to  repair  to  South    Hadley  in   consequence  of  a   Petition  '■^ss. 
from  thence  and  ordered  that  the  Charge  of  said  Committee  should  House  Jour, 
be  borne  as  this  Court  should  hereafter  order:  That  upon  the  credit  pro'Tince"' *^' 
of  the  said  Order  the  Petitioner  advanced  to  the  said  Committee  the  J'hlT^ aU-''' ^®*' 
Sum  of  £1.3.7.5  on  the  21"  April  1761;  And  praying  that  he  may  xTii.ii54,'chap. 
have  an  Order  for  said  Sum  with  Interest.  ^^' 

[Read  and] 

Resolved  That  the  Sum  of  Thirteen  pounds,  seven  shillings  and 
five  pence  be  paid  out  of  the  public  Treasury  to  the  Petitioner  in 
full  discharge  of  his  Account  as  within  mentioned,  and  that  the 
said  Sum  of  Thirteen  pounds,  seven  shillings  and  five  pence  be 
added  to  the  Tax  of  the  District  of  South  Hadley  in  the  next  Tax 
Act.      [Passed  June  17. 


CHAPTEE    30. 

RESOLVE  CALLING  A  MEETING  OF  THE  TOWNS  IN  WORCESTER  COUNTY 
FOR  THE   CHOICE   OF  A  COUNTY  REGISTER. 

Whereas  it  so  happened  in  the  County  of  Worcester  in  May  last  Legislative 
that  there  was  no  choice  of  a  County  Register  by  reason  of  no  one  Council^ xxvi., 
person's  having  a  majority  of  Votes.  Therefore  '— 

Resolved  that  James  Putnam  and  Josiah  Brewer  Esq"  two  of  the  ^3°"°"^""''" 
Justices  in  and  for  the  said  County  be,  and  hereby  are  impowered  Province' 
to  grant  out  their  Warrants  directed  to  the  Selectmen  of  the  sev-  dfa^%"''*' 
eral  Towns  within  the  said  County  of  Worcester,  requiring  them 
forthwith  to  convene  the  Freeholders  of  their  respective  Towns, 
and  proceed  to  the  choice  of  some  meet  person  for  Register  of 


128 


Province  Laws  {Resolves, etc.).  — 1766-67.     [Chaps.  31,  32.] 


Deeds  and  Conveyances:  And  the  said  Justices  shall  make  their 
Warrants  returnable  to  themselves  at  a  certain  day  as  soon  as  con- 
veniently may  be,  requiring  the  said  Selectmen  to  seal  up  the  Votes 
for  Eegister,  and  return  them  together  with  the  said  AVarrants. 
And  the  said  James  Putnam  and  Josiah  Brewer  shall  at  the  same 
time  give  out  their  Notifications  to  the  major  part  of  the  Justices 
of  said  County  of  their  proceedings  therein,  desiring  them  to  meet 
upon  the  day  appointed  for  the  Return  of  said  Warrants  at  the 
Court  House  in  said  County:  and  the  major  part  of  the  Justices 
of  said  County  being  met  together  on  such  day,  the  said  Votes  for 
Eegister  shall  be  opened  and  sorted  in  presence  of  the  said  Justices, 
and  the  person  having  the  most  Votes  shall  be  Eegister  of  Deeds 
for  said  County  until  the  time  appointed  by  Law  for  the  Election 
of  Eegisters  through  the  Province.      [Passed  June  18. 


CHAPTEE    31. 

RESOLVE   ESTABLISHING   THE   GARRISONS    AT    CASTLE    WILLIAM    AND 
FORT   POWNALL  AND   THE   WAGES   THEREOF. 

Legislative  Resolved  that  there  be  allowed  Forty  Men  officers  included  for 

Council,  xxvi.,  the  Defence  of  his  Majesty's  Castle  William,  and  that  the  foUow- 

Archives^^"  ii^g  Establishment  be  made  for  their  Wages  to  continue  for  One 

ixxx.,  608.  Year  from  the  Twentieth  day  of  June  current  Viz 

Mass. 

Archives,  For  One  Captain  P  Annum £S6.     3.  10 

Ixxx.,  60U.  One  Lieutenant  i>      ditto 28.  11.     5 

Council,  xxvi.,  -^'^'""'f^                  t      ^l «•  «■     I 

255, 'ise.   House  A  second  Gunner       ^      d" 66.  b.     a 

Journal,  pp.  76,  One  Armourer            t^  Month 2.  4.     6 

77.   Pos^p.UO,  Two  Sergeants            ¥'    A"     each 1.  12 

chap.53;p.  146,  Six  Quarter  Gunners  ^      d"    each 1.  12 

chup.6S;p.2€2,  Four  Corporals           ^      d"     each 1.  9.     4 

'^■^"l'- "•  One  Drummer             ^      d<> 1.  9.     4 

Twenty  one  privates  '^      d°     each 1.4. 

Resolved  That  the  Establishment  of  Fort  Pownall  at  Penobscot 
from  the  twentieth  of  June  Curr'  for  One  Year  be  as  follows 

For  One  Lieutenant  W  Month £3 

A  Chaplain          ^      d»             4 

One  Interpreter  p      d°             3 

One  Gunner        V      A."             3 

One  Sergeant      V      AP             1.  10 

Fifteen  Privates  I*      d"    each 1.4 


[Passed  June  18. 


CHAPTEE    32. 

RESOLVE  ALLOWING   £7.  5  TO  THE  TOWN  OF  GRAFTON. 


Legislative 
Records  of  the 
Council,  xxvi., 
260.    Mass. 
Archives, 
cxviil.,  190. 

Mass. 
Archives, 
cxvlli.,  190. 


A  Petition  of  Ephriam  Sherman  Agent  for  the  Town  of  Graf- 
ton praying  that  the  Fine  laid  on  said  Town  the  last  year  for  not 
sending  a  Representative  may  be  remitted  in  consideration  of  the 
smallness  of  the  said  Town,  and  the  great  Expence  they  were  at 
in  purchasing  a  new  County  Road. 

Eead  and 


[1st  Skss.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  129 

Resolved  that  there  be  allowd  &  paid  out  of  the  Province  Treas-  House  Jour- 
ury  to  the  with  in  named  Ephraim  Sherman  for  the  Use  of  the  province ' 
Town  of  Grafton  the  Sum  of  seven  pounds  five  shillings,  that  Sum  ^jfa^f'ig^'' *"^' 
being  laid  on  said  Town  as  a  fine  for  their  not  sending  a  representa- 
tive to  the  Great  &  Gen'  Court  the  last  year.      [Passed  June  19. 


CHAPTER    33. 

KESOLVE'  DECLARING  THE  PROCEEDINGS  AT  A  TOWN  MEETING  IN 
GREAT  BARRINGTON  TO  BE  NULL  AND  VOID  AND  IMPOWERING  THE 
SELECTMEN   THEREOF  TO   CALL  A  NEW  MEETING. 

Resolved  That  the  Town  Meeting  holden  in  Great  Barrington  in  Legislative 
March  last  was  irregular  and  illegal,  together  with  the  choice  of  coum'iY  xxvi" 
Officers  then  made,  and  the  same  is  hereby  set  aside  &  declared  to  asi. 
be  null  and  void :  And  that  the  Selectmen  of  Great  Barrington  for  Legislative 
the  last  year  be,  and  hereby  are  Ordered  to  issue  their  Warrants  for  councif,  xxvif, 
calling  another  Meeting  of  the  said  Town  to  be  holden  at  the  Meet-  f^^^^-^  p,""^" 
ing  House  in  said  Great  Barrington  on  the  second  Monday  of  July  '67,84,87',ao,'y6.' 
next  at  ten  O'Clock  in  the  Forenoon,  to  act  upon  the  several  Articles 
that  were  to  have  been  acted  upon  at  the  Meeting  aforesaid  on  the 
24""  of  March  last :  and  that  all  Elections  of  Officers  and  other  mat- 
ters or  things  that  may  be  transacted  or  done  at  said  Meeting  shall 
to  all  Intents  and  purposes  whatsoever  be  as  legal  and  valid,  as  if 
the  same  had  been  made,  acted  upon,  or  done,  in  the  Month  of 
March ;  and  that  Joseph  Hawley  Esq''  be,  and  hereby  is  impowered 
&  authorised  to  act  as  Moderator  of  said  Meeting.     \^Passed  June  19. 


CHAPTER    34. 

ORDER  REFERRING  THE  CONFIRMATION  OF  A  PLAN  OF  A  TOWNSHIP  TO 
JOS.  SYLVESTER  AND  OTHERS  AND  ORDERING  A  SURVEY  THEREOF. 

A  Plan  of  the  Contents  of  seven  Miles  square  said  to  have  been  Legislative 
granted  for  a  Township  to  Cap'  Joseph  Sylvester  &  Others  their  coundf  xVvf 
Descendents  and  Assigns,  but  endorsed  Plan  of  a  Township  granted  26i.   Mass. 
to  Warren  &  Others,  bounded  as  follows  viz'  beginning  at  a  great  cxviiiy.'rr'T. 
Rock  in  Androscoggin  River,  the  Northerly  Corner  of  Bakers  Town  ^^^^_  ~ 

so  called,  and  from  thence  runs  Southwest  in  the  Line  of  said  Bakers  •fi'<'.hi^e8'. 
Town  four  Miles  to  a  stake,  then  Northwest  six  miles  and  a  half  to  Miu's'and ' 
a  Stake,  then  North  East  ten  Miles  and  a  half  to  said  River,  and  xxlfvi'i.'^sl!' 
then  with  said  River  to  the  first  Corner:  being  presented  for  accept-  House . lour- 

,,„„.„,  ,   ^,  •    ,  nal,  pp.  53, 8S, 

ance,  the  following  Order  passed  thereon  viz'  loo.    Ante, 

The  within  plan  was  presented  for  Acceptance,  and  Confirmation.  ^'  ^^'  ""^^P"  ^^' 

and  it  Appearing  that  the  Proprietors  of  the  Township  granted  to 

Cap*  Sylvester  have  made  tlie  first,  &  regular  Pitch  of  the  Lands 

Contained  in  the  Plan, 

Ordered  that  the  Plan  Lye  to  the  next  setting  of  the  Court,  & 

in  the  mean  Time  that  the  said  Proprietors,  be  directed  to  make 

An  Actual  Survey  of  said  Lands,  by  A  Surveyor  &  Chainman  on 

Oath  &  return  the  Same  to  this  Court.     [Passed  June  19. 


130  Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  35,  36.] 


CHAPTEK    35. 

RESOLVE    IMPOWERING  ELEAZER   PORTER,  EXECUTOR,  TO    SELL    REAL 
ESTATE   AND    MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

Legislative  A  PETITION  of  Joliu  Chester  Williams  and  Nehemiah  Williams 

Council,  xxvi.,  of  Hadlej  Minors  Setting  forth  That  in  March  last  a  dwelling 
Arciiivra,^xix.,  House  to  them  belonging  in  said  Town  was  consumed  by  Fire;  and 

"*^- although  the  people  have  generously  set  them  up  a  Frame,  and  in 

Mass.  part  covered  it,  yet  they  were  unable  to  finish  it,  and  their  Interest 

Tw!' "House'^"'  in  said  Town  is  so  small  that  they  should  not  incline  to  settle  there. 
36  "t^° 92  94.' ^°'  ^^^  praying  liberty  to  sell  the  said  Materials,  and  the  Lot  whereon 
Province  it  stands  Containing  about  ten  Acres;  the  produce  to  be  improved 

Laws,ii.,151,      j?        ,i      •     i  £. 

chap.  10.  lor  their  benefit. 

[Eead  and] 

Resolved  That  the  Prayer  of  the  s"*  Petition  be  granted  &  that 
Eleazer  Porter  Esq  of  Hadley  one  of  the  Executors  of  the  Last 
Will  of  the  Late  Father  of  the  said  petitioners  be  &  he  is  hereby 
impowred  in  the  Name  &  Behalf  of  the  s'^  Petitioners  &  for  their 
Use  &  Benefit  to  make  Sale  of  the  premisses  in  s**  petition  raen- 
tion'd  for  the  most  the  same  will  fetch  &  to  make  &  execute  in 
their  names  a  good  Deed  thereof  to  the  purchassers  He  the  s'^ 
Eleazer  observing  the  Directions  of  the  Law  of  this  province  rel- 
ative to  the  sale  of  real  Estates  by  Executors  or  Admin"  &  giving 
Caution  to  the  Judge  of  probate  for  y'  County  of  Hampshire  to 
account  for  the  proceeds  of  &^  Sale  to  the  s"*  Petitioners  when  re- 
quired.    [  Passed  June  19. 


CHAPTEE    36. 

RESOLVE   CONFIRMING  THE   TOWN  WAYS   OF  TOWN  OF  BOLTON. 

Legislative ^^^       A  MEMORIAL  of  Nath'   Longlcy  and  Others  Selectmen  of  Bol- 
CouDcii.xxvi.,  ton     Setting  forth     That  by  reason  of  some  Irregularities  in  their 

-— proceedings  relative  to  the  laying  out  of  Highways  in  said  Town, 

mii"pp"'4i"^9-2     they  are  liable  to  be  controverted,  tho'  no  disputes  have  as  yet  arisen 
103.'         '    '    concerning  them.  And  praying  that  said  Koads  and  Ways  as  they 
now  stand  Eecorded  on  the  Town  Book  may  be  confirmed. 
[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  all  those 
Ways  mentioned  therein  which  have  been  laid  out  by  the  Selectmen 
and  accepted  by  the  Town  of  Bolton,  notwithstanding  the  omission 
of  any  Clerk  of  said  Town  in  making  a  Eecord  of  the  acceptance 
thereof  by  said  Town.  And  also  the  other  Ways  which  have  been 
accepted  by  said  Town  on  a  general  Clause  in  the  Warrant  without 
any  particular  description  of  the  same,  be,  and  hereby  are,  estab- 
lished and  confirmed  as  Town  ways  to  all  intents  and  purposes,  the 
aforesaid  Defects  notwithstanding.     [Passed  June  19. 


[1st  Sess.]     Province  JjAViS,  {Resolves,  etc.).  — 1766-67.  131 


CHAPTER    37. 

RESOLVE    IMPOWERING    BENJ*    KENDALL,   GUARDIAN,   TO    SELL    REAL 
ESTATE,  AND   MAKING   PROVISION    IN   REGARD  TO   THE   PROCEEDS. 

A  Petition  of  Benj''  Kendall  Guardian  to  Euth  Cozzens  a  Minor  Legislative 
of  about  fifteen  years  of  age     Setting  forth  That  the  said  Minor  is  counclf,  xxt^ 
seized  of  four  parcels  of  Land  lying  in  Sherburn  Holliston  &  Doug-  263. 
las,  all  unimj)roved,  and  valued  at  Forty  pounds.   That  the  said  House  Jour- 
Minor  is  in  a  weak  state,  and  has  already  incurred  sundry  charges  province''     ' 
for  Physicians,  Nurses  &c  and  has  now  an  opportunity  of  selling  ^ap^'i"''^^^' 
two  of  the  said  parcels  at  the  apprized  value,  and  the  Friends  & 
relatives  of  the  said  Minor  ajjprehend  it  best  that  the  whole  should 
be  sold.   Therefore  praying  that  he  may  be  impowered  to  sell  the 
said  four  parcels  of  Land  under  such  restrictions  as  this  Court  shall 
judge  proper. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted ;  and  that 
Benj"  Kendall  Guardian  to  Ruth  Cozzens  be,  and  he  is  hereby  im- 
powered to  make  Sale  of  the  Premises  mentioned  in  this  Petition 
for  the  most  the  same  will  fetch,  and  to  make  and  execute  a  good 
deed  or  deeds  thereof  to  the  purchasers.  He  observing  the  direc- 
tions of  the  Law  relative  to  the  Sale  of  Real  Estates  by  Exec"  and 
Admin",  and  giving  caution  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  that  the  proceeds  arising  by  said  Sale  be  applied  for 
the  benefit  of  the  said  Ruth.      \^Passed  June  19. 


CHAPTER    38. 

RESOLVE   IMPOWERING    ISAAC    RIDGEWAY,  EXECUTOR,  TO    SELL    REAL 
ESTATE,  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Isaac  Ridgway  surviving  Executor  of  John  Ridg-  Legislative 
way  late  of  Boston  deceased     Setting  forth     That  the  deceaseds  coimeif  xxvi^ 
personal  Estate  falls  short  of  paying  the  debts  due  and  owing  from  264. 
the  said  deceased  to  the  amount  £135.12.11  That  he  left  a  dwelling  House  Jour. 
House  and  Land  situate  in  Royal  Exchange  Lane  in  said  Boston  jo*''  Province 
apprized  at  £366.13.4  which  is  going  out  of  Repair,  and  not  worth  Jif^'^o'" ^^^' 
so  much  now,  as  at  the  time  of  the  Testators  death.  That  it  cannot 
be  so  divided  as  to  sell  to  advantage,  and  as  one  half  of  those  in- 
terested therein  are  of  age,  and  desirous  with  the  Guardians  of  the 
Others  that  the  whole  may  be  Sold,  Praying  that  he  may  be  impow- 
ered to  sell  the  same  accordingly. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  said  Isaac  Ridgway  Exec'  of  the  Estate  of  John  Ridgway  as 
mentioned  in  the  within  Petition,  be  and  he  is  hereby  impowered 
to  make  Sale  of  the  premises  mentioned  in  this  Petition  for  the 
most  the  same  will  fetch,  and  to  make  and  execute  a  good  deed 
thereof  to  the  purchaser,  he  observing  the  directions  of  the  Law 
relative  to  the  Sale  of  Real  Estates  by  Exec"  and  Admin"  &  giving 
caution  to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  the 
proceeds  arising  by  said  Sale  be  applied  for  the  purpose  within  men- 
tioned, and  the  Overplus  if  any  there  be,  put  to  Interest  for  the 
benefit  of  the  Heirs.     ^Passed  June  19. 


132 


Province  Ijaws  {Resolves,  etc.) .  — 1766-67.     [Chaps.  39,  40.] 


House  Jour- 
nal, pp.  8-2, 103. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTEE    39. 

RESOLVE   IMPOWERING  JOSIAH   JONES,  ADM»,  TO   SELL   REAL  ESTATE. 

Records  of  the  ^  PETITION  of  Bcnj^  Ilopkiiis,  Grandfather  of  the  Children  of 
Councu.xxvi.,  Josiah  Jones  late  of  Wilmington  deceased ;  Thomas  Pierce  their  Guar- 
dian and  Josiah  Jones  Admin'  of  the  said  deceaseds  Estate  Setting 
forth  That  there  is  need  of  selling  part  of  the  deceaseds  Real  Estate 
to  the  amount  of  £110.18.11  at  least,  for  the  payment  of  debts;  that 
he  left  six  Children,  all  under  fourteen  years  of  age,  and  a  Real 
Estate  apprized  at  £386.13.4,  which  is  so  circumstanced,  as  that  to 
sell  only  enough  to  pay  the  debts  aforesaid,  will  greatly  endamage 
the  rest,  as  it  will  then  make  but  a  poor  Settlement :  and  as  it  will 
be  so  long  before  the  Children  come  of  age,  the  Buildings  &  Fences 
must  necessarily  go  out  of  Repair,  and  praying  that  liberty  may  be 
given  to  sell  the  whole  for  the  benefit  of  the  Heirs. 
[Read  and] 

Resolved  That  the  prayer  of  the  Petition  be  so  far  granted  as  that 
Josiah  Jones  one  of  the  Petitioners  in  his  capacity  as  Administra- 
tor be  and  he  is  hereby  impowered  to  make  sale  of  so  much  of  the 
said  deceaseds  Real  Estate  where  it  will  be  least  prejudicial  to  the 
remainder,  as  will  sell  for  One  hundred  and  fifteen  pounds,  to  enable 
him  the  said  Petitioner  to  satisfy  the  deceaseds  just  debts  and  the 
Charges  of  Sale,  and  to  make  and  execute  a  good  Deed  or  deeds  of 
conveyance  thereof  in  the  Law;  he  observing  the  directions  of  the 
Law  respecting  the  Sale  of  Real  Estates  by  Executors  and  Admin'' 
and  giving  sufficient  caution  to  the  Judge  of  Probate  for  the  County 
of  Essex  to  account  with  him  for  the  proceeds  thereof.  [Passed 
June  19. 


CHAPTER    40v 


RESOLVE    IMPOWERING    EBEN^    WILLIS,    GUARDLAN,   TO    SELL    REAL 
ESTATE. 


Legislative 
Kecords  of  the 
Council,  xxTi., 
266. 

House  Jour- 
nal, pp.  72, 102. 
Province 
Laws,  ii.,151, 
chap.  10. 


A  Petition  of  Ebenezer  Willis  of  Dartmouth  Guardian  to  Zeruiah 
Tupper  Widow  a  person  Nou  compos  mentis,  and  also  to  her  daughter 
Elizabeth  Tupper  a  minor  under  fourteen  years  of  age,  both  of  Sand- 
wich in  the  County  of  Barnstajjle,  Setting  forth  That  they  are  both 
interested  in  a  Dwelling  House  and  Barn  and  small  tract  of  Land 
adjoining,  and  in  some  Wood  Lands  in  Sandwich.  That  the  House 
and  Fence  are  much  out  of  Repair,  and  the  Widows  part  of  the 
Rent  insufficient  for  her  support ;  that  the  Interest  of  what  it  would 
sell  for  would  amount  to  double  the  Rent;  and  that  it  would  there- 
fore be  of  advantage  to  both  to  have  the  Estate  sold  and  the  money 
arising  by  said  Sale  improved  at  interest  for  the  benefit  of  the  Con- 
cerned. And  praying  that  he  may  be  impowered  to  sell  the  same 
accordingly. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
Ebenezer  Willis  Guardian  to  Zeruiah  Tupper  Widow  and  her  daughter 
Elizabeth  a  Minor  within  mentioned,  be  and  he  is  hereby  impow- 
ered to  make  Sale  of  the  premises  mentioned  in  this  Petition  for 
the  most  the  same  will  fetch,  and  make  and  execute  a  good  deed 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1766-67.  133 

or  deeds  thereof  to  the  purchaser;  he  observing  the  Rules  and  direc- 
tions of  the  Law  relative  to  the  Sale  of  Real  Estates  by  Exec"  and 
Admin",  and  giving  caution  to  the  Judge  of  Probate  for  the  County 
of  Barnstaple  that  the  proceeds  arising  by  such  Sale  be  applied  for 
the  purposes  mentioned  in  this  Petition.      YP<^^^6d  June  19. 


CHAPTEK    41. 

RESOLVE  IMPOWERING    WILL'""   ELLIS,  GUARDIAN,  TO    SELL    LAND    AND 
MAKING   PROVISION   IN  REGARD   TO  THE   PROCEEDS. 

A  Petition  of  William  Ellis  of  Dedham  Guardian  and  Grand-  R5ford"7th 
father  to   Rebecca   Bullard  a  Minor  of   about   fourteen  years   of  councu.xxvi., 

age     Setting  forth  That  the  said  Minor  hath  a  Tract  of  Land  in  — 

said  Dedham  containing  about  twelve  Acres,  the  rent  of  which  is  ^ai"pp!'7"'io2 
scarcely  sufficient  to  pay  the  Taxes  &  Repairs;  and  yet  would  sell  Province  ' 
for  Eighty  pounds;  that  the  said  Land  lyes  remote  from  the  House  chap!'io.''     ' 
and  Other  Lands  belonging  to  said  Minor:  and  praying  that  he  may 
be  impowered  to  sell  the  same  for  the  benefit  of  his  said  Grand 
Child. 

[Read  and] 

Resolved  That  the  Prayer  of  the  Petition  be  granted,  and  that 
William  Ellis  the  Petitioner  be  and  hereby  is  fully  authorized  and 
impowered  to  make  Sale  of  the  Land  mentioned  in  said  Petition 
for  the  most  the  same  will  fetch,  and  to  execute  a  good  deed  or 
deeds  in  the  Law  of  the  same ;  observing  the  directions  of  the  Law 
for  the  Sale  of  Real  Estates  by  Executors  and  Admin",  and  giving 
sufficient  caution  to  the  Judge  of  Probate  for  the  County  of  Suf- 
folk that  the  Money  arising  by  the  Sale  be  put  out  to  Interest  for 
the  benefit  of  Rebecca  Bullard  the  Minor  mentioned  in  the  Peti- 
tion, and  paid  to  her  at  her  Marriage  or  when  she  shall  come  of 
age.     \^Passed  June  30. 


CHAPTER    42. 

RESOLVE    IMPOWERING    JUSTUS    SACKET,   EXECUTOR,   TO    EXECUTE    A 
DEED. 

A  Petition  of  Bethesda  Sacket  and  Justus  Sacket  Exec"  of  the  Legislative 
last  Will  of  Eliakim  Sacket  late  of  Westfleld  deceased     Setting  g^Sncu"  xU^* 
forth  That  the  said  Eliakim  had  in  his  life  time  bargained  with  ^s"- 
Isaac  Bartlett  of  Granville  for  a  Tract  of  Land  containing  One  hun-  House  Jour, 
dred  and  ten  Acres  lying  in  said  Granville,  for  which  he  gave  secu-  n"'- pp- ''*•  i"*- 
rity  to  pay  in  a  limited  time,  and  thereupon  the  said  Eliakim  gave 
his  Bond  to  make  a  deed  of  conveyance  when  payment  should  be 
made  as  aforesaid.  But  the  said  Eliakim  dyed  before  the  said  Con- 
tract was  fulfilled,  and  as  payment  is  already  made  in  part,  and  the 
rest  of  the  money  ready  upon  the  deeds  being  executed     Praying 
that  they  may  be  impowered  to  make  a  deed  of  said  Land  accord- 
ing to  Contract. 

[Read  and] 

Resolved  That  the  prayer  of  the  Petition  be  granted ;  and  that 
Justus  Sacket  one  of  the  Petitioners  and  an  Executor  of  the  last 


lU 


Province  Laws  (liesolves, etc.).  — 1766-67.     [Chap.  43.] 


Will  &  Testament  of  Eliakim  Sacket  late  of  Westfield  deceased, 
be  and  hereby  is  impowered  to  make  and  execute  a  good  deed  of 
conveyance  of  the  Land  mentioned  in  the  Petition  to  said  Isaac 
Bartlett,  agreable  to  the  Condition  of  the  Obligation  which  said 
Eliakim  Sacket  in  his  life  time  gave  to  said  Bartlett.  [Passed 
June  20. 


CHAPTEK    43. 


RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  PROVINCE  TREASURER 
FROM  MAY  29,  1765,  TO  MAY  28,  1766,  AND  DISCHARGING  HIM  OF 
£122,776.  9.  2. 


268. 

Mass. 
Archives, 
cxxv.,  32.5. 
House  Jour- 
nal, pp.  92,  93. 
Ante,  p.  50, 
chap.  95. 


Records'of  the  '^^^  COMMITTEE  to  whom  was  referred  the  Examination  of  the 
Council, xxvi.,  Accounts  of  Harrison  Gray  Esq'  Treasurer  and  Eeceiver  General 
"^°  of  his  majesty's  Revenues  within  his  Province  of  the  Massachusetts 

Bay  in  New  England,  beginning  the  29""  of  May  1765  ending  the 
28""  of  May  1766  having  attended  that  Service  upon  examining  the 
same  find  them  right  cast  and  well  vouch'd,  by  which  it  appears 
that  the  said  Accomptant  charges  himself  with  the  Sum  of  Seventy 
nine  thousand,  five  hundred  forty  nine  pounds,  nine  shillings  and 
two  pence,  being  so  much  due  for  Taxes  as  represented  by  his  last 
Accompts:  Also  with  the  Sum  of  One  hundred  thirty  one  thousand, 
nine  hundred  forty  eight  pounds  one  shilling,  the  balance  due  by 
last  Accompts:  with  the  Sum  of  Fifty  two  thousand,  six  hundred 
fifty  nine  pounds  and  seven  pence  laid  upon  Polls  and  Estates  by 
virtue  of  an  Act  of  the  General  Court,  passed  at  their  Session  in 
May  1765.  Also  with  the  Sum  of  Twenty  thousand,  seven  hundred 
forty  one  pounds,  eight  shillings  received  for  Bills  of  Exchange 
drawn  on  Jasper  Mauduit  Esq'  Also  with  the  Sum  of  Twelve  thou- 
sand three  hundred,  eighty  five  pounds  borrowed  of  sundry  persons 
by  virtue  of  an  Act  passed  the  Great  and  General  Court  at  their 
Session  in  May  1764.  Also  with  the  Sum  of  Two  hundred  pounds 
received  of  Thomas  Foster  Esq'  which  Sum  he  received  out  of 
the  Treasury  as  Agent  for  the  Town  of  Plymouth  for  repairing  the 
Town  Beach,  which  Sum  the  Town  refused  to  accept  of,  upon  the 
Condition  it  was  granted.  Also  with  the  Sum  of  One  thousand 
pounds  received  of  M'  Commissary  Hubbard  being  the  profits  of 
the  Indian  Trade.  Also  with  the  Sum  of  Sixteen  hundred,  seventy 
one  pounds,  one  shilling  and  ten  pence  received  of  the  Farmers  of 
Excise  upon  Tea,  Coffee  &c  With  the  Sum  of  Eleven  thousand  four 
hundred  fifty  eight  pounds,  fifteen  shillings  &  four  pence  received  of 
the  Collectors  of  Excise  upon  Spirituous  Liquors.  With  the  Sum  of 
Two  pounds  received  of  Justice  Brown  for  Fines.  With  the  Sum 
of  Three  pounds,  ten  shillings  of  Col°  Warren  for  Fines.  With  the 
Sum  of  Thirty  pounds  received  of  Sheriff  Pearson  for  Fines.  With 
the  Sum  of  Twenty  six  pounds  seventeen  shillings  and  eight  pence 
received  of  his  Honour  Thomas  Hutchinson  Esq'  for  Lands  taken 
in  Execution  upon  £100,000  Loan.  Also  with  the  Sum  of  Twelve 
hundred  thirteen  pounds,  eight  shillings,  and  eleven  pence  received 
of  James  Russell  Esq'  Commissioner  of  the  Impost  Duties.  All 
which  Sums  amount  to  Three  hundred  and  twelve  thousand,  eight 
hundred,  eighty  eight  pounds,  twelve  shillings  and  six  pence. 
The  Committee  further  find  that  the  said  Accomptant  discharges 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1766-67,  135 

himself  by  sundry  payments  and  disbursments  by  Order  of  the  Gov- 
ernor and  Council  amounting  to  Nineteen  thousand  and  nineteen 
pounds,  eight  shillings  and  one  penny.  Also  by  sundry  Government 
Securities  burnt  by  a  Committee  of  both  Houses,  amounting  to 
Ninty  three  thousand,  one  hundred  sixty  four  pounds,  nineteen 
shillings  and  eight  pence  the  Interest  included.  Also  with  the  Sum 
of  Ten  thousand  five  hundred  and  ten  pounds,  thirteen  shillings 
and  four  pence  paid  the  Possessors  of  Government  Securities  for 
one  years  interest  from  May  1765  to  May  1766.  Also  by  a  remittance 
of  Bernard  Town  Taxes  for  1763  &  1764  amounting  to  Thirty  nine 
pounds  three  shillings  and  four  pence.  Also  by  a  remittance  of  Hunts 
Town  Taxes  for  1762,  1763  &  1764  amounting  to  Forty  two  pounds 
fourteen  shillings  and  nine  pence.  Also  by  Taxes  still  outstanding, 
amounting  to  Eighty  five  thousand,  one  hundred  thirty  nine  pounds, 
sixteen  shillings  and  five  pence.  And  by  balance  in  hand  further  to 
account  for  One  hundred  and  four  thousand  nine  hundred  seventy 
one  pounds,  sixteen  shillings  &  Eleven  pence.  All  whicli  Sums 
amounting  in  the  whole  to  Three  hundred,  twelve  thousand,  eight 
hundred  eighty  eight  pounds  twelve  shillings  and  six  pence. 
Whereupon  the  following  Order  passed  the  Court  viz' 
Resolved  That  the  Treasurer  be  and  hereby  is  discharged  of  the 
several  Payments  in  the  foregoing  Account  amounting  to  One  hun- 
dred twenty  two  thousand  seven  hundred  and  seventy  six  pounds 
nine  shillings  &  two  pence.  And  that  he  be  further  accountable  for 
the  Sum  of  Eighty  five  thousand,  one  hundred  and  thirty  nine 
pounds  sixteen  shillings  and  five  pence  outstanding  Taxes  due  from 
the  several  Towns  when  received  into  the  Treasury.  And  the  further 
Sum  of  One  hundred  and  four  thousand,  nine  hundred  and  seventy 
one  pounds,  sixteen  shillings  and  eleven  pence  balance  in  hand. 
\^Passed  June  20. 


CHAPTEK    44. 

VOTE    APPOINTING    A    COMMITTEE    TO    BURN    GOVERNMENT     SECU- 
RITIES. 

In  Council  Legislative 

Voted  that  Thomas  Hubbard,  Andrew  Belcher,  &  James  Pitts  couScif, "xvi* 
Esq"  with  such  as  the  hen'"''  House  shall  join,  be  a  Committee  in  Archives'civ 
the  Eecess  of  tlie  Court,  to  repair  to  the  Treasurers,  take  an  Account  384. 
of  y°  Province  Securities,  which  may  have  been  redeemed  by  him,  House  Jour. 
see  them  consumed  to  Ashes,  and  make  report,  at  the  next  sitting  """'  P'  ^^^' 
of  the  General  Court 

In  the  House  of  representatives 

Read  &  Concurrd  &  M'  Speaker  M'  Hall  M'  Hancock  &  M''  Sheafe 
M'  Otis  &  M'  Adams  are  joynd  in  the  AfEair.     \^Passed  June  21. 


136 


Province  Laws  (JRenolves,  etc.).  — 1766-67.  [Chaps.  45,  46.] 


CHAPTER     45, 


RESOLVE    RELEASING    A   CERTAIN   TRACT    OF    LAND    TO    BENJ* 
RICH   AND   OTHERS. 


Legislative 
Records  of  ttie 
Council,  xxvi., 
271. 

House  Jour- 
n.al,  p.  241 
(February, 
1766) ;  pp."  82, 
99,  105,  106. 
AntCy  p.  64, 
chap.  120. 


On  the  Petition  of  Charles  Goodrich  in  behalf  of  Benj"  Good- 
rich, Daniel  Goodrich,  Benjamin  Goodrich  jnn'',  Samuel  Goodrich 
Nathan  Goodrich,  Jeremiah  Osborn,  Hezekiah  Osborn  Dudley  Dem- 
ming,  Joshua  Simons,  Eleazer  Deming,  Hezekiah  Talcot  and  Israel 
Talcot,  presented  to  the  last  Court  &  referred  to  this  time.  Praying 
that  they  might  be  admitted  to  purchase  of  this  Government  the 
unapprof)riated  Land  in  this  Province  West  of  Pittsfield. 

[Read  and] 

lieaolved  That  all  the  Right  and  Title  of  this  Province  in  and  to 
a  certain  Tract  of  Land  lying  Westward  of  Pittsfield  in  the  County 
of  Berkshire,  bounded  Eastward  by  the  Township  of  Pittsfield  afore- 
said, Northward  by  a  Line  of  the  same  course  by  the  North  Line 
of  the  said  Pittsfield,  running  from  the  Northwest  corner  of  the 
said  Pittsfield  to  a  Line  running  from  the  Northwest  corner  of  the 
Oblong,  to  the  Northwest  Corner  of  Williamstown,  Westward  by 
the  Line  last  mentioned,  Southward  by  a  Line  of  the  same  course 
with  said  Pittsfield  South  Line,  and  running  from  the  said  Pitts- 
field Southwest  Corner  to  the  aforesaid  Line  running  from  the  said 
Oblong  Northwest  Corner  to  the  Northwest  Corner  of  Williamstown 
aforesaid.  Always  excepting  Five  hundred  Acres  within  the  Lines 
aforesaid  viz'  Two  hundred  Acres  owned  by  Joseph  Barker,  and 
Three  hundred  Acres  owned  by  Ephraim  Keys;  the  said  Tract 
exclusive  of  said  five  hundred  Acres,  supposed  to  be  in  quantity 
six  thousand  three  hundred  and  thirty  six  Acres,  be  released  and 
quitclaimed  to  the  abovenamed  Petitioners,  and  Samuel  Lamb  and 
Theophilus  Bishop.  To  have  and  to  hold  one  fourteenth  part  of  the 
above  described  Premises  to  each  of  the  above  named  Petitioners, 
and  the  said  Samuel  Lamb  and  Theophilus  Bishoji  in  fee  Simple. 
Provided  They  will  pay  or  give  good  security  for  the  payment  to 
this  Government  of  Three  hundred  and  sixteen  pounds,  sixteen  shil- 
lings lawful  money  within  twelve  months.      [Passed  June  21. 


CHAPTEE    46, 


RESOLVE   IMPOWERING   ERASTUS   SACKETT   TO   PROSECUTE  AN  ACTION. 


Legislative 
Records  of  the 
Council,  xxvi., 
273. 

House  Joxir- 
nal,  pp.  91, 110. 


A  Petition  of  Erastus  Sackett  of  Pittsfield  Setting  forth  That 
certain  differences  arising  between  him  and  his  Brother  Jesse  Sacket 
on  the  one  part,  and  their  Mother  Abigail  Sacket  Widow  of  their 
late  Father  Joseph  Sacket  deceased  on  the  other  part  they  sub- 
mitted the  matters  in  controversy  to  the  determination  of  Referrees, 
who  by  their  Award  dated  13""  October  1757  ordered  that  the  Peti- 
tioner and  liis  said  Brother  Jesse  should  each  of  them  pay  to  their 
said  Mother  thirty  five  shillings  a  year  in  lieu  of  her  dower;  in  pur- 
suance of  which  Award  he  became  bound  to  his  said  Mother  for  the 
payment  of  thirty  five  shillings  a  year  as  aforesaid,  and  accordingly 
paid  her  the  same,  the  first  year,  and  has  from  year  to  year  for 
divers  years  since  tendered  the  imyment  of  said   Annuity,  as  it 


[1st  Sess.]     Province  Laws  {Besolves,  etc.).  — 1766-67.  137 

became  due ;  but  she  the  said  Abigail  hath  refused  to  receive  it,  and 
brought  an  Action  for  her  dower  and  recovered  the  same  of  and  in 
a  Messuage  in  Pittsiield  part  of  the  deceaseds  Estate  settled  on  the 
Petitioner.  That  said  Abigail's  Bond  of  submission  upon  which  the 
Award  was  founded,  was  given  jointly  to  the  Petitioner  and  his  said 
Brother  Jesse,  by  whose  Coven  and  Collusion  it  is,  tliat  his  said 
Mother  has  brought  her  Action  aforesaid,  and  therefore  he  justly 
ajiprehends  he  may  be  defeated  by  liis  said  Brother  in  case  he  should 
bring  liis  Action  on  tlie  said  Bond  for  remedy.  And  praying  the 
interposition  of  this  Court  for  his  Relief. 

[Read  and] 

Resolved  That  the  prayer  of  tlie  said  Petition  be  granted.  And 
that  the  said  Erastus  Sacket  be,  and  liereby  is  impowered  to  com- 
mence and  prosecute  liis  Action  on  the  Bond  of  submission  in  his 
Petition  mentioned  in  the  same  manner  as  if  he  was  named  sole 
Obligee  therein.  And  that  the  Court  or  Courts  before  whom  the 
said  Action  may  be,  are  hereby  impowered  to  hear  and  determine 
the  same,  to  give  Judgment  and  award  Execution  therein  for  said 
Erastus  for  his  just  debt  or  damages  and  Cost,  as  if  the  said  Jesse 
was  not  named  in  said  Bond.      \^Passed  June  21. 


CHAPTEK    47. 

RESOLVE  IMPOWERING  SAM"-  GILL,  PICKELLS   GUSHING,  AND   BENJAMIN 
LINCOLN,  JR.,  TO   SELL   REAL   ESTATE. 

A  Petition  of  Samuel  Gill  jun'  and  Sarah  his  Wife,  Pickells  Legislative 
Cushing  and  Abigail  his  Wife,  and  Benj^  Lincoln  jun'  Guardian  to  councif  xxvi* 
Lucy  Hatch,  the  said  Sarah,  Abigail,  and  Lucy,  being  all  tlie  sur-  273.      '       '' 
viving  Children  and  Heirs  of  Ebenezer  Hatch  late  of   Pembroke  House  Jour, 
deceased     Setting  forth  That  the  said  deceased  died  Intestate  in  "f/;  'prJvince 
the  year  1756,  and  tliat  his  whole  Real  Estate  consists  of  a  small  l.iwb,  u.,  1.51, 
dwelling  house  and  Barn  and  forty  odd  Acres  of   Land  lying  in  "^  *^' 
Pembroke,  which  has  been  hitherto  rented  for  the  benefit  of  the 
said  Children,  and  their  Mother,  but  is  now  much  out  of  Repair, 
and  as  two  of  the  said  Children  are  settled  in  other  Towns,  and 
the  Mother  is  desirous  to  receive  her  proportion  of  the   Interest 
money  arising  on  the  Sum  the  Estate  may  sell  for  in  lieu  of  her 
Dower     Praying  that  the  said  Samuel  Gill,  Pickells  Cushing  and 
Benj*  Lincoln  may  be  impowered  to  sell  the  said  Estate,  they  ac- 
counting with  the  Judge  of  Probate  for  the  County  of  Plymouth 
for  the  proceeds  thereof. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted;  and  that 
the  within  named  Samuel  Gill  Pickells  Cushing  and  Benj*  Lincoln 
jun'"  be,  and  they  hereby  are  impowered  to  make  sale  of  the  premises 
mentioned  in  this  Petition  for  the  most  the  same  will  fetch,  and  to 
make  and  execute  a  good  deed  of  conveyance  thereof  in  Law  to  the 
purchaser;  they  observing  the  direction  of  the  Law  respecting  the 
Sale  of  Real  Estates  by  Executors  and  Administrators,  and  giving 
proper  caution  to  the  Judge  of  Probate  for  the  County  of  Plymouth 
that  the  proceeds  arising  by  such  Sale  be  applied  to  the  purposes 
mentioned  in  this  Petition.     [Passed  June  21. 


138 


Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  48-50.] 


CHAPTEK    48, 


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


House  Jour- 
nal, pp.  14, 110. 


Eecords'of  the  '^^^  ACCOUNT  of  James  Eussell  Esq'  Treasurer  of  the  County 
Council, xxvi.,  of  Middlesex  being  laid  before  the  Court  for  allowance,  the  follow- 
ing Order  passed  thereon  viz' 

Resolved  That  the  within  Account,  being  right  cast  and  well 
vouch'd  be  accepted :  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  Two  hundred  thirty  nine  pounds,  three  shillings  and  seven 
pence,  which  he  has  paid  by  order  of  the  Court  of  Sessions;  and 
that  the  balance  being  the  Sum  of  Three  hundred  seventy  four 
pounds,  seventeen  shillings  and  one  penny  still  remaining  due  to  the 
County,  the  said  Treasurer  be  further  accountable  for.  ^Passed 
June  21. 


CHAPTEE    49. 


ORDER  APPOINTING   A    COMMITTEE    TO    TAKE    THE    SECURITIES    FOR 
THE   PAYMENT  OF  LAND   SOLD  BENJ*  GOODRICH   &   OTHERS. 


Legislative 
Becords  of  the 
Council,  xxvi., 


Ante,  p.  136, 
chap.  45. 


In  the  House  of  Representatives. 

Ordered  that  M'  Hawley  &  M''  Johnson  be  a  Committee  with  such 
as  the  Hon'''''  Board  shall  join  to  take  the  Securities  for  the  payment 
of  the  monies  into  the  Province  Treasury  for  the  Lands  in  the  West- 
ern parts  of  this  Province,  lying  Westward  of  Pittsfield  in  the  County 
of  Berkshire,  to  be  sold  to  Benj"  Goodrich,  Daniel  Goodrich,  Ben- 
jamin Goodrich  jun'  and  Sam'  Goodrich,  Nathan  Goodrich,  Jere- 
miah Osborn,  Hezekiah  Osborn,  Dudley  Deming,  Joshua  Simons, 
Eleazer  Damming,  Hezekiah  Talcot  and  Israel  Talcot,  Samuel  Lamb 
and  Theophilus  Bishop. 

In  Council,  Read  and  Concurred,  and  Royall  Tyler  Esq'  is  joined 
in  the  affair.'     [Passed  June  24. 


CHAPTER    50. 


ORDER  REMITTING  TO  THE    TOWN    OF    UXBRIDGE   £10    FINE    FOR    NOT 
SENDING   A  REPRESENTATIVE. 


Legislative 
Becords  of  the 
Council,  xxvi., 
277.    Mass. 
Archives, 
cxviii.,  191. 

Mass. 
Archives, 
cxviii.,  191. 
House  Jour- 
nal, pp.  118, 119. 
Province 
Laws,  Iv.,  826, 
chap.  18;  866, 
note. 


A  Petition  of  Ezekiel  Wood  Agent  for  the  Town  of  Uxbridge 
praying  that  in  consideration  of  the  great  charge  they  have  been 
at  within  two  years  last  j^ast,  and  great  loss  of  Inhabitants  in  the 
year  1763  by  a  mortal  and  distressing  distember  with  the  expence 
and  damage  consequent  thereon ;  the  Fine  laid  on  said  Town  the 
last  year  for  not  sending  a  Representative  may  be  remitted. 
In  the  House  of  Representatives 

Read  & 

Orderd  that  the  Prayer  of  this  Pet"  be  granted  &  that  the  Treas- 
urer be  &  is  hereby  directed  to  pay  unto  M'  Ezek'  Wood  for  the  Use 

'  Not  found  in  the  House  Journal. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  139 

of  tlie  said  Town  of  Uxbridge  the  Sum  of  Ten  Pounds  a  fine  laid 
on  them  by  this  House  for  neglecting  to  send  a  Representative  the 
last  year 

In  Council 
Read  and  Concurred.     \^Passed  June  24. 


CHAPTER    51. 

RESOLVE   ALLOWING   £5.  2.  8  TO   FRA^   LE   BLANC,  ETC.  Legislative 

Records  of  the 
Council,  xxvl., 

Eesolv''  that  the  prayer  of  the  Petetioii  of  Francis  Le  Blanc  [for  278.  Mass. 
assistance.  — Mass.  Archives,  xxiv.,  572]  be  so  far  granted  that  the  x.\fv.,'677'. 
Sum  of  five  pounds  Two  Shillings  and  Eight  pence  be  paid  out  jJass. 
of  the  Province  Treasury  to  pay  the  Docters  Bill  as  Set  forth  in  ^i^'^|-'j  573 
the  s"*  Francises  Petetion  and  that  the  Town  of  Brimfield  and  South  Legislative 
Brimfield  be  notefied  that  they  may  Shew  Cause  if  any  They  have  c^umJif,  ° xv^* 
on  the  Second  Tuesday  of  the  Next  Setting  of  this  Court  why  the  'j^Ju^nai'^r  "5 
Sum  of  five  pounds  Two  Shillings  and  Eight  pence  Should  not  be  ve,  si,  u's. 
aded  to  their  next  years  Province  Tax.     [Passed  June  24.  Laws.Tv.,  995, 

note. 


CHAPTER    52. 

RESOLVE  LMPOWERING  THE  ASSESSORS  OF  THE  TOWN  OF  SHUTES- 
BURY  TO  ISSUE  WARRANTS  TO  CONSTABLES  FOR  THE  COLLECTION 
OF  TAXES. 

A  Petition  of  Eben'  Child  and  Others  Assessors  of  the  Town  Legislative 
of  Shutesbury     Setting  forth  That  in  the  year  1765  they  assessed  coSncff.xxvl!; 
the  Inhabitants  of  said  Town,  but  neglected  giving  a  Warrant  to  278. 
the  Constables  for  collecting  the  same  until  other  Constables  were  House  Jour, 
chosen  the  next  year:  And  praying  that  they  may  be  authorised  to  province' '' ^^''' 
issue  their  Warrants  to  the  Constables  for  the  said  year,  and  that  Laws,  iv.,  866, 
such  Warrant  be  accounted  valid. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  assessors  of  the  Town  of  Shutesbury  for  the  year  1765  be  and 
hereby  are  impowered  and  directed  to  issue  their  Warrants  for  col- 
lecting the  Town  &  County  Tax  committed  to  the  Constables  of 
the  said  Town  of  Shutesbury  for  the  Year  1765  to  collect,  notwith- 
standing the  time  being  elapsed  for  issuing  the  same:  And  the  Con- 
stables for  the  year  1765  are  also  hereby  directed  and  impowered 
to  observe  the  same  and  to  compleat  their  Collections,  and  pay  in 
the  same  as  by  their  said  Warrant  they  shall  be  required  and  directed. 
[Passed  June  24. 


140 


Province  Laws  {^Resolves, etc.).  — 1766-67.     [Chaps.  53-55.] 


CHAPTEK    53 


Legislative 
Records  of  the 
Couucil,  xxvi., 
•278.    Mass. 
Archives, 
Ixxx.,  6oa. 

Mass. 
Archives, 
Ixxx.,  60S. 
Legislative 
Records  of  the 
Council,  xxvi., 
■26-2,270.   House 
Journal,  pp.  76, 
118.    Ante, 
p.  128,  chap.  31. 


RESOLVE    ALLOWING    TEN    MEN    ADDITIONAL    FOR    THE    DEFENCE    OF 
CASTLE   WLLLLAM,  AND   ESTABLISHING  THE   PAY   THEREOF. 

Resolved  that  there  be  allowed  Ten  Men  in  addition  to  the  twenty 
one  privates  allowed  the  12""  Ins'  for  the  Defence  of  his  Majesty's 
Castle  William  upon  the  Establishment  of  One  pound  four  shillings 
.j»  Month  each.     \^Passed  June  24. 


CHAPTBE    54, 


Legislative 
Records  of  the 
Council,  xxvi., 
2S0.    Mass. 
Archives, 
cxviii.,  195. 

Mass. 
Archives, 
cxviii.,  193, 193. 
Legislative 
Records  of  the 
Council,  xxvi., 
186,376.   House 
Journal,  p.  115. 
Province 
Laws,  xvii., 
175,  chap.  404; 
466,  chap.  323. 
Ante,  p.  66, 
chap.  125. 


RESOLVE  GRAJ^TING  8,.i44  ACRES  OF   EQUIVALENT   LAND   TO   HENRY 
YOUNG  BROWN. 

Resolvd  that  there  be  granted  to  the  Petitioner  [Henry  Young 
Brown]  Eight  thousand  five  hundred  &  forty  four  Acres  of  Land 
adjoyning  to  the  Eastwardly  Part  of  his  Township  or  to  either  of 
the  two  other  Townships  laid  out  at  or  near  Pigwackett  so  called, 
one  laid  out  to  Coll"  Joseph  Fry,  the  other  to  the  Town  of  Eowley 
Canada  he  giving  Bond  to  the  Province  Treasurer  to  settle  the  same 
with  Eighteen  Familys  in  six  years  from  the  Confirmation  of  a  Plan 
of  said  Town  which  he  is  to  return  for  Acceptance  in  one  year  And 
also  giving  a  full  Discharge  from  any  further  Demands  on  this  Ctov- 
ernment  for  the  Aforesaid  Quantity  of  8,544  Acres  taken  off  from 
the  West  Side  of  his  Town  by  the  Line  run  by  order  of  this  Court. 
{^Passed  June  25. 


CHAPTER    55. 


RESOLVE  IMPOWERING  HENRY  Y'OUNG  BROWN  TO  DEFEND  ALL 
ACTIONS  BROUGHT  AGAINST  HIM  IN  REGARD  TO  LAND  BOUGHT  OF 
THIS  PROVINCE. 


Legislative 
Records  of  the 
Council,  xxvi., 
280.    Mass. 
Archives, 
cxviii.,  195. 

House  Jour- 
nal, pp.  52, 99, 
120,  121.  Ante, 
p.  106,  chap. 
222.  Supra, 
chap.  .M. 


7?e.so7i'cZ  that  the  Pef  [Henry  Young  Brown]  be&  is  hereby  directed 
to  defend  all  Actions  that  are  or  shall  be  brot  against  him  for  Lands 
purchasd  of  this  Province  to  the  Eastward  of  the  Line  run  by  order 
of  this  Court  last  march,  at  the  Expence  of  this  Province ;  he  being 
directed  to  do  his  Endeavor  to  got  all  Actions  against  him  or  those 
under  him  continued  till  the  final  Settlement  of  the  Line  run  be- 
tween the  Province  of  New  Hampshire  &  the  Province  of  Main  so 
called.  And  that  the  Pet'  be  directed  to  prosecute,  at  the  Expence 
of  this  Province,  such  Person  or  or '  Persons  as  have  or  shall  enter 
on  said  Land  under  the  Title  of  New  Hampshire  to  the  Eastward 
of  the  Line  run  last  march  by  Order  of  this  Court;  he  following  the 
Directions  of  this  Court  relative  thereto.  And  that  he  have 

Liberty  to  draw  out  of  the  Treasury  of  the  Province  Twenty  Pounds 
for  that  Purpose  for  which  he  is  to  be  accountable.    [Passed  June  25. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  141 


CHAPTER    56. 

RESOLVE    ESTABLISHING  THE  BOUNDS  BETWEEN  THE  TOWNS   OF   WAL- 
THAM   AND    WESTON. 

A  Petition  of  Abraham  Bigolow  in  behalf  of  the  Town  of  Wes-  Legislative 
ton,  praying  for  a  Settlement  of  the  Line  between  the  said  Town  of  c^Jincff  xxv^* 
Weston  and  the  Town  of  Waltham.  21a,  -m.' ' " 

Read  and  Accepted  and  thereupon  Legislative 

Resolved,  That  the  Bounds  between  the  Towns  of  Waltham  and  coSncff,  xx'^!; 
Weston  as  hereafter  described  from  Thachers  Meadow  to  Coal  Pit  Ho'ug*e'jJur^''^' 
bottom  so  called,  are,  and  ought  always  to  have  been  the  Line  nai,  p.  125. 
between  the  said  Towns,  and  so  to  remain  forever  viz'  beginning 
at  a  stake  and  heap  of  Stones  in  Thacher's  Meadow  so  called,  and 
from  thence  Westerly  to  a  heap  of  Stones  on  a  Ridge  hill  formerly 
Abijah  Wheeler's,  and  from  the  last  mentioned  Bounds  Westerly 
to  a  heap  of  Stones  at  or  near  the  Coal  pit  bottom  so  called,  and 
from  thence  by  the  mutual  agreement  of  the  agents  of  said  Towns 
authorised  for  that  purpose,  the  Bounds  to  run  from  the  aforesaid 
Coal  pit  Bottom  to  the  Southeast  corner  of  the  Land  of  Abraham 
Bemis,  and  then  with  the  South  Line  of  the  said  Bemis's  possession 
to  Lincoln  Town  line,  including  all  the  said  Bemis's  Land  to  the 
Town  of  Waltham,  and  part  of  the  Land  formerly  belonging  to  the 
said  Town  of  Waltham  now  in  possession  of  Nathan  Fisk,  Samuel 
Pierce  and  the  Heirs  of  Daniel  Warren  deceased,  to  be  and  remain 
to  the  Town  of  Weston;  and  that  the  Bounds  above  described  be 
the  Line  between  the  Towns  aforesaid  from  the  said  Coal  pit  bottom 
to  Lincoln  Town  Line  forever  hereafter,  not  to  affect  private  Prop- 
erty.    \^Passed  Jime  25. 


CHAPTER    57. 

RESOLVE    CONFIRMING    A    PLAT    OF    1,200    ACRES    OF    LAND    TO    COL" 
TAILER'S   HEIRS. 

The  Heirs  of  William  Taller  Esq'  deceased  presented   to   the  Legislative 
Court  for  their  allowance  Plans  of  two  Tracts  of  Land  laid  out  in  coum-Ji^  xxl*!* 
virtue  of  a  Grant  of  the  General  Court  in  June  1765  viz*-  One  Tract  ''^^^■^■^l^f' 
containing  Eight  hiindred  Acres  bounded  as  follows  viz'  beginning  xivi.,  53a.' 
at  the  Northwest  corner  of  Tyringham  Equivalent  at  a  Hemlock  Mass. 
marked  with  Stones  about  it,  thence  runing  N°  20  deg'  East  170  x1v"l'bs8' 
Rods  on  unappropriated  Land  to  a  Beach  markt  with  Stones  about  Maps  and 
it,  thence  E.  9.  deg*  South  800  Rods  on  unappropriated  Lands  to  xiv.°5.   iiouse 
a  Stake  and  Stones  on  Blanford  Line  thence  on  Blanford  Line  S.  20  12T 122 ^' "^k^J ' 
deg''  AY.  170  Rods  to  the  Southeast  Corner  of  Tyringham  Equiva-  p. «, chap.  83.' 
lent  to  a  Beach  markt  with  Stones  about  it,  thence  W.  9  deg'  N.  on 
said  Equivalent  Line  800  Rods  to  the  first  mentioned  Bounds,  in- 
cluding part  of  three  small  Ponds.  The  other  Tract  containing  four 
hundred  Acres  a  Pond  of  about  five  Acres  included,  laid  out  in  the 
County  of  Berkshire,  bounded  as  follows  viz'  beginning  at  the  East 
end  at  a  Hemlock  Tree  markt,  with  Stones  about  it,  which  is  the 
Corner  of  Furnis's  Grant  reputed  to  be,  from  thence  run  N.  20  deg^ 
E.  80  Rods  to  a  Beach  markt  with  Stones,  thence  run  W.  20  deg^ 


142  Province  Laws  (i^esoZues,  ete. ) .  — 1766-67.     [Chaps.  58,  59.] 

N  210  Eods  on  unappropriated  Lands  to  a  Hemlock  markt  with 
Stones  about  it,  thence  turn'd  N,  30  deg"  E.  160  rods  to  a  Hemlock 
markt  with  Stones,  thence  W.  20  deg'  N.  200  Eods  to  a  Beach 
markt  with  Stones  about  it  then  S°  20  deg'  W.  240  rods  to  a  Hem- 
lock markt  with  Stone  about  it  on  Granville  Line  thence  on  Gran- 
ville Line  E.  20  deg'  S.  410  Eods  to  the  first  mentioned  Bounds, 
one  Eod  in  20  Sag  of  Chain. 

[Eead  and] 

Resolved  That  the  within  Plans,  One  of  four  hundred  Acres  of 
Land  bounded  Southerly  410  Eods  on  Granville  Line;  the  other 
Plan  of  Eight  hundred  Acres  of  Land  bounded  Southerly  eight 
hundred  rods  on  Tyringham  Equivalent  be  accepted,  and  hereby 
is  confirmed  unto  the  legal  representatives  of  the  Hon'''*  William 
Tailer  Esq'  deceased,  their  Heirs  &  Assigns  forever  in  full  satisfac- 
tion of  the  Grant  of  twelve  hundred  Acres  made  by  this  Court  to 
the  said  Eepresentatives.  Provided  both  said  Plans  do  not  exceed 
the  quantity  of  Twelve  hundred  Acres  nor  interfere  with  any  former 
Grant.     [^Passed  June  25. 


CHAPTER    58. 

RESOLVE  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY 
OF  BRISTOL  IN  THE  DISTRIBUTION  OF  TWO  ESTATES  NAMED  TO 
CONSIDER  THEM   AS   ONE. 

Legislative  A  PETITION  of  Joshua  Leonard  and  Others  Heirs  of  Zephaniah 

Council,  xxTi.,  Leonard  and   Hannah   Leonard   late  of  Taunton  deceased   Intes- 

'— tate     Setting  forth  That  the  said  Hannah  died  seized  of  several 

Mi"pp."nM2.s.  Tracts  of  Land  given  her  by  her  Grand  father  John  King  of  Eayn- 
haiu.  And  praying  that  the  Judge  of  Probate  for  the  County  of 
Bristol  may  be  impowered  to  order  a  Division  of  the  said  Hannah's 
Estate  to  any  one  or  more  of  said  Children,  as  tho'  the  said  Estate 
had  been  given  to  the  said  Zephaniah,  or  he  had  died  seized  of  the 
same  in  his  own  right 
[Eead  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Judge  of  Probate  for  the  County  of  Bristol  be,  and  hereby  is  au- 
thorised ill  making  a  distribution  of  the  said  Zephaniah  and  Han- 
nah's Eeal  Estates  to  consider  them  as  if  one  Estate  only,  and  after 
such  distribution  made,  to  assign  to  the  several  Heirs  their  respec- 
tive parts  of  the  same  agreable  to  the  Laws  of  this  Province,  rela- 
tive to  the  distribution  and  settlement  of  Eeal  Estates.  \^Passed 
June  25. 


CHAPTER    59. 

RESOLVE  ALLOWING  £1,350  WITH  INTEREST  TO  BENJ*  HALLOWELL,  JR. 

Legislative  A  PETITION  of  Benj"  Hallowell  Esq'     Setting  forth     That   on 

Council, xxvi.,  the  26""  of  August  last  his  House  was  violently  entered  by  a  con- 
ArchWes^^'  siderable  number  of  persons  unknown,  and  among  other  things  then 
ixxxviii.,  190.    carried  off  by  them,  was  a  Eeceipt  or  Prommissary  note  signed  by 


[IST  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  143 

the  Treasurer  of  this  Province,  dated  7""  August  1764  for  the  Sum  Mass. 
of  £1,350  payable  to  the  Petitioner  in  June  1760,  on  which  is  en-  btSvifi^.'isD. 
dorsed  one  years  interest  and  no  more.  And  praying  that  the  said  ^S"^""'™''^ 
Sum  with  the  Interest  that  may  be  due  thereon  may  be  paid  him  i^i.'  'Province 
out  of  the  Province  Treasury.  uo^^''^"^' 

[Read  and] 

Resolved^  that  the  Prayer  of  the  Petition  be  granted,  and  that 
the  Treasurer  be  &  he  hereby  is  directed  to  pay  to  the  Petitioner 
(Benjamin  HoUowell  jun')  the  Sum  of  Thirteen  hundred  and  fifty 
Pounds  with  the  Intei-est  due  thereon  to  this  Day  in  full  for  the 
Note  within  mentioned,  he  first  giving  sufficient  Caution  to  the 
Treasurer  of  this  Province  to  save  harmless  the  s*  Province  from 
being  obliged  to  pay  the  same  Sum  &  y"  Interest  due  thereon  to 
any  Person  or  Persons  hereafter.     [^Passed  June  25. 


CHAPTEK    60. 

RESOLVE  IMPOWERING  JOSIAH  TILTON,   ADM»,   TO   SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Josiah  Tilton  of  Martha's  Vineyard  Admin''  of  Legislative 
the  Estate   of    Stephen  Look  late  of   Tisbury  deceased     Setting  councif.xxvi.'', 
forth  That  the  deceaseds  personal  Estate  is  insufficient  to  pay  his  ^l'' 


Debts.  And  praying  leave  to  sell  so  much  of  his  Eeal  Estate  as  is  ^.{i"pp'^i'?23'"i28 
requisite  for  that  purpose  agreable  to  a  Certificate  herewith  pre-  Province 
sent[ed]  from  the  Judge  of  Probate  for  Dukes  County.  cifap!'io.'' 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  Josiah  Tilton,  be  and  hereby  is  impowered  to  make 
Sale  of  as  much  of  the  Real  Estate  of  the  within  named  Stephen 
Look  deceased  as  to  amount  to  the  Sum  of  Ninety  three  pounds  to 
pay  the  said  deceaseds  just  debts,  and  the  Charges  of  said  Sale,  and 
to  make  and  execute  a  good  deed  or  deeds  to  the  purchaser  thereof, 
he  observing  the  directions  of  the  Law  for  the  Sale  of  Real  Estates 
by  Executors  and  Admin"  and  giving  sufficient  cai;tion  to  the  Judge 
of  Probate  for  the  County  of  Dukes  County,  that  the  money  aris- 
ing by  said  Sale  be  applied  for  the  purposes  mentioned.  [Passed 
June  26. 


CHAPTER    61. 

RESOLVE  IMPOWERING  ELIZABETH  RIDER,  ADM'',  TO  EXECUTE  A  DEED. 

A  Petition  of  Esther  Rider  of  Douglass     Setting  forth  That  Legislative 
her  dwelling  House  hath  lately  been  consumed  by  Fire,  and  in  it  council^  xxvi^ 
a  deed  from  her  Son  Joseph  Rider  since  deceased,  of  the  said  House,  Archiverxix 
and  Land  thereto  belonging,  which  deed  is  not  recorded.  And  pray-  746^ 


ing  that  her  said  Son's  Widow  Elizabeth  Rider  who  admiuistred  Mass. 
upon  his  Estate  may  be  directed  to  renew  the  deed  of  the  Premises  ^s^'^hou^'''' 
to  the  Petitioner.  •'°"!'B?'!, 

rr>      A         n  pp.  117, 128. 

[Read  and] 

Resolved  that  the  prayer  of  this  petition  be  granted  &  that  the 
within  named  Elizabeth  Rider  in  her  Capacity  of  Administratrix 


IM 


Province  Laws  {Resolves,  etc.).  — 176(5-67.     [Chaps.  (i2,  63.] 


be  and  hereby  is  impowered  to  make  and  Execiite  a  good  &  Suffi- 
cient Deed  in  the  Law,  unto  the  Petitioner  Esther  Rider,  of  the 
land  mentioned  in  this  petition,  And  that  the  same  be  Confirmed 
unto  tlie  said  Petitioner  in  as  Effectual  a  manner  to  all  intents  & 
purposes,  as  was  before  said  Deed  was  Consumed.    [Passed  June  S6. 


CHAPTEE    62 


Legislative 
Records  of  the 
Council,  xxvi., 

287. 

House  Jour- 
nal, pp.  13B,  128, 
r.'H,  1.31.    Prov- 
ince Laws,  ii., 
161,  cbap.  11). 


RESOLVE   IMPOWERtNG  W«  KITTERIDGE,  ADM",  TO  SELL  LAND. 

A  Petition  of  William  Kitteridge  Admin'  of  the  Estate  of  Glode 
Longon  late  of  Tewksbury  deceased  Setting  forth  That  he  hath 
already,  by  order  of  this  Court  sold  two  thirds  of  the  Real  Estate 
of  the  said  deceased  for  the  payment  of  his  just  debts,  except 
twelve  acres  of  Land :  that  the  allowance  made  to  the  Widow  and 
the  small  debts  still  unpaid  amount  to  more  than  the  vahie  of  the 
said,  twelve  Acres.  And  praying  that  he  may  be  impowered  to  make 
sale  of  the  said  twelve  Acres  for  the  purposes  aforesaid. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  the 
Petitioner  be,  and  hereby  is  impowered  to  make  sale  of  the  premises 
for  the  most  the  same  will  fetch,  and  make  and  execute  a  good  deed 
to  the  purchaser,  he  observing  the  directions  of  the  Law  for  the 
Sale  of  Real  Estates  by  Exec"  and  Admin",  and  giving  proper  cau- 
tion to  the  Judge  of  Probate  for  the  County  of  Middlesex,  that 
the  proceeds  arising  by  said  Sale  shall  be  applied  so  far  as  shall  be 
necessary  to  the  purposes  mentioned  in  this  Petition,  and  the  Over- 
plus, if  any  be,  to  be  distributed  among  the  Heirs  of  said  deceased, 
agreable  to  the  directions  of  the  Law:  the  said  Admin''  to  be  ac- 
countable to  the  Judge  of  Probate  for  said  County  for  the  time 
being  touching  his  proceedings  in  the  Premises,  when  thereunto 
lawfully  required.      [Passed  June  '26. 


CHAPTEK    63, 


Legislative 
Records  of  the 
Council,  xxvi., 

289. 

House  Jour- 
nal, pp.  68, 130. 
Province 
Laws,  ii.,151, 
chap.  10. 


RESOLVE  IMPOWERING  JOHN  TUDOR,  GUARDIAN,  TO  SELL  REAL  ESTATE. 

A  Petition  of  John  Tudor  of  Boston  Guardian  of  Mary  Sigourney 
a  Minor  Setting  forth  That  said  Minor  in  right  of  her  Grandfather 
James  Varney  is  intituled  to  one  fifteenth  part  of  his  Real  Estate, 
part  whereof  lyes  in  Boston,  and  part  in  Worcester,  the  whole  Ap- 
prized at  Nineteen  pounds;  but  so  situated  as  to  be  incaiDable  of  a 
Division,  nor  is  it  of  any  benefit  as  now  circumstanced,  to  the  said 
Minor.  And  as  she  has  no  other  Estate  to  support  herself.  Praying 
that  he  may  be  impowered  to  make  Sale  of  said  Estate  for  the  benefit 
of  said  Minor. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  be  and  is  hereby  impowered  to  make  Sale  of  the 
whole  of  said  Minor's  Real  Estate  therein  mentioned  for  the  most 
the  same  will  fetch,  and  the  monies  arising  by  such  Sale  to  be  put 
to  Interest  for  the  benefit  of  said  Minor,  and  to  make  and  execute 
a  good  deed  or  deeds  in  Law  to  the  purchasers,  he  observing  the 


[1st  Sess.]     Province  Laws  (^Resolves,  etc.).  —  176G-67.  145 

directions  of  the  Law  respecting  the  Sale  of  Real  Estate  by  Exec" 
and  Admin"  and  to  give  proper  caution  to  the  Judge  of  Probate 
for  the  County  of  Suffolk  that  the  monies  be  applied  for  the  pur-      , 
poses  mentioned.     \^Passed  June  27. 


CHAPTER    64. 

RESOLVE   WITH   STAY  OF   EXECUTION    IMPOWERING    CADWAL"^=    FORD 
TO   BRING   FORWARD   A   WRIT   OF   REVIEW. 

On  the  Order  of  this  Court  of  the  6"'  Instant  upon  the  Peti-  Record8of%he 
tion  of  Cadwallader  Ford,  [ante,  p.  117,  chap.  5]  the  following  Coimcu.xxvi., 
Resolve  passed  viz'  — '- 

Whereas  the  foregoing  Order  of  this  Court  was  signed  by  his  naT^p'^Jel'se, 
Excellency  the  Governor  so  late  as  that  the  Petitioner  had  not  oppor-  ^'"';,--^"|'*" 
tunity  to  bring  forward  his  Writ  of  Review  to  the  Superior  Court    '     ' 
then  next  to  be  holden  at  Falmouth.  Therefore 

Resolved  That  the  Petitioner  have  liberty  to  bring  forward  said 
Writ  to  the  Superior  Court  to  be  holden  at  Falmouth  in  the  County 
of  Cumberland  on  the  last  Tuesday  of  June  1767;  and  that  the  Jus- 
tices of  said  Court  be,  and  they  hereby  are.  authorised  to  try  the 
said  Cause,  render  Judgment  and  award  execution  thereon  accord- 
ingly. And  that  Execution  on  the  former  Judgment  be  in  the  mean- 
time stayed.     [^Passed  June  27. 


CHAPTER    65. 

ORDER   ALLOWING   £2.  12.  6   TO   CALEB  WILDER. 

In  the  House  of  Representatives.  R^^'^d''Tth 

Ordered  that  the  Sum  of  Two  pounds  twelve  shillings  and  six-  councu.xxvi., 

pence  be  allowed  and  paid  out  of  the  public  Treasury  to  Caleb  '^ 

Wilder  Esq'  for  his  attendance  on  this  House  at  their  direction.         naTpp.''i33a36. 
In  Council,  Read  and  Concurred.      [Passed  June  27. 


CHAPTER    66. 

RESOLVE   ALLOWING  40/   ANNUALLY  TO  GEORGE   GIER. 

A  Petition  of  George  Gier  of  Grafton     Setting  forth  That  he  Legislative 
was  a  Soldier  under  Cap'  Paige  in  the  pay  of  this  Province  in  1760,  cSuncIf,  xlv'i?, 
and  in  his  return  from  Crown  point,  besides  enduring  twelve  Weeks  ais.   Mass. 
sickness  on  the  Road,  he  had  the  misfortune  to  freeze  both  his  feet,  ixxx.,  599. 
and  thereby  lost  all  his  Toes,  whereby  he  is  rendered  in  a  great  Mass. 
measure  unable  to  support  himself.  And  praying  Relief.  kxx'^sus 

[Read  and]  House  j'our- 

Resolved  that  the  Prayer  of  the  Petition  be  Granted  &  That  the  "''i.PP-i^s.m 
Sum  of  Forty  Shillings  be  Annually  paid  into  the  Hands  of  M^ 
Ephraim  Sherman  out  of  the  Province  Treasury  to  be  improved 
towards  the  support  of  the  Petitioner  till  the  Further  order  of  this 
Court.     [Passed  June  28. 


146 


Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  67-70.] 


Legislative 
Records  of  the 
Council,  xxvi., 
296.    Mass. 
Archives,  civ., 
404. 

House  Jour- 
nal, II.  Ul. 
Province 
Laws,  iv.,  812, 
chap.  9. 


Legislative 
Records  of  the 
Council,  x.\vi., 
296.    Mass. 
Archives, 
Ixxx.,  609. 


CHAPTEE    67. 

ORDER  DIRECTING   THE    PROVINCE    TREASURER   TO    PAY    GOV   NOTES 
REDEEMABLE   JUNE  1766,  WITH    INTEREST. 

Ordered  That  the  Interest  On  the  Government  Securities  redeem- 
able in  June  1766,  deteermine  and  cease  on  the  20""  of  July  Next, 
the  money  being  Now  ready  in  the  Treasury  to  discharge  the  Same; 
and  that  the  province  Treasurer  be  &  hereby  is  directed  forthwith 
to  give  Notice  thereof  in  all  the  publick  News  papers  Accordingly. 
[Passed  June  28. 


CHAPTEE    68. 

RESOLVE   ALLOWING  AN  ARMOURER  AT  FORT  POWNALL. 


Resolved  that  there  be  allowed  for  Fort  Pownal  an  Armourer,  and 
that  He  be  paid  One  pound,  ten  shillings  ^  Month  for  his  Service 
Record8"o7the  for  One  year.      [Passed  June  28. 


Archives, 
Ixxx.,  60S. 
Legislative 
Records  of 
Council,  x.xvi. 
282,2^8.    House 
Journal,)).  144. 
Ante,  p.  128, 
Chap.  31. 


CHAPTEE    69, 


RESOLVE   ALLOWING  THE   ACC  OF  IND"  TRADE   OF   THE    COMMISSARY 
GENERAL. 


Legislative 
Records  of  the 
Council,  xxvi., 
297.    Mass. 
Archives,  cxx., 
.597. 

Legislative 
Records  of  the 
Council,  xxvi., 
204.    House 
Journal,  pp.  15, 
39,  144. 


The  Committee's  severally  appointed  by  the  two  Houses  to  ex- 
amine the  Comissary  General's  Accounts,  having  reported  that  they 
had  examined  the  same,  and  found  them  right  cast  and  well  vouched, 
the  following  Orders  passed  on  them  severally  viz' 

Resolved  That  the  Ace'  be  Allow'd  and  that  the  Commissary  Gen' 
be  Accountable  for  to  the  province  for  the  ballance  being  Three 
thousand  &  fifty  five  pounds  Seven  Shillings  &  Eight  pence  Three 
farthings.     [Passed  June  28. 


CHAPTEE    70 


Legislative 
Records  of  the 
Council,  xxvi., 
297. 

House  Jour- 
nal, pp.  15, 144. 
Supra,  chap. 


RESOLVE    ALLOWING    THE    PROVISION    ACC"    OF    THE     COMMISSARY 
GENERAL. 

On  THE  Commissary  General's  Account  of  Provisions  pur- 
chased by  him  and  issued.  The  Eeport  read  and  accepted:  And 
thereupon 

Resolved  That  the  said  Account  be  allowed,  and  that  the  twenty 
nine  barrels  of  Pork,  two  Barrels  of  Beef,  6^  bush''  of  Peas,  the 
Commissary  General  be  further  accountable  for  to  this  Province. 
[Passed  June  28. 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1766-67,  "147 


CHAPTEE    71. 

RESOLVE    ALLOWING    THE    GENERAL    ACCOUNT    OF    THE    COMMISSARY 
GENERAL. 

On  the  Commissary  General's  Account  current.  Legislative 

The  Eeport  was  read  and  accepted;  and  thereupon  coS^ci'xxvif, 

Resolved  that  the  Commissary  General  be  further  accountable  for  ^?Z: 

the  balance  being  Seventy  seven  pounds,  nineteen  shillings  and  nine  House  Jour- 
pence.     {^Passed  June  28.  sapm/chap. " 


148 


Province  Laws  (^Resolves,  etc.).  — 1766-67.     [Chaps.  72,  73.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-ninth  Day  of  October,  A.D.  1766. 


CHAPTEE    72, 


Legislative 
Records  of  tlie 
Council,  xxvi., 
301. 

House  Jour- 
nal, pp.  148, 149. 
Province 
Laws,  ill.,  64, 
chap.  32;  v., 
66,  uote. 


RESOLVE   ADJOURNING  THE   COURTS   OF   WORCESTER  COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe- 
rior Court  of  Common  pleas  are  by  Law  appointed  to  be  holden 
at  Worcester  for  the  County  of  Worcester  on  the  first  Tuesday  of 
November  next,  and  sundry  of  the  Justices  of  said  Courts,  and 
other  persons  who  are  concerned  in  business  there,  are  Members 
of  the  General  Court;  and  tlie  important  Affairs  of  the  Province 
now  dei^ending,  require  their  attendance :  Wherefore 

Resolved  that  the  said  Court  of  General  Sessions  of  the  peace, 
and  Inferior  Court  of  Common  pleas  whicli  by  Law  are  to  be  holden 
at  Worcester  aforesaid  on  the  said  first  Tuesday  in  November,  be 
and  hereby  are  Adjourned  to  the  first  Tuesday  in  January  next,  to 
be  holden  at  the  Court  House  in  said  Town  of  Worcester  at  ten 
o'clock  on  said  day.  And  all  pleas  Writs  Actions,  Suits,  Com- 
plaints, processes,  Precepts,  Recognizances  and  other  matters  or 
things  whatsoever,  returnable  &  having  day  of '  days  in  the  said 
Courts,  shall  stand,  abide  and  continue  unto  the  said  Adjournment, 
and  be  held,  deemed  &  adjudged  to  be  [as] ''  good,  effectual  and  avail- 
able in  Law  to  all  intents  and  purposes  whatsoever,  as  if  such  Courts 
had  been  held  &  kept  on  the  day  by  Law  for  holding  the  same,  and 
no  Adjournment  thereof  had  been  made.      ^Passed  October  29. 


CHAPTEE    73. 


House  Jour- 
nal, pp.  14, 163. 


RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREAS"  OF  YORK  COUNTY. 

Rlcord8"Jf  the  '^^^  AccotJNT  of  Daniel  Moulton  Treasurer  for  the  County  of 
Council, xxvi.,  York  for  the  Year  1765  being  laid  before  the  Court  for  allowance 
the  following  Order  passed  thereon  viz' 

Resoh'ed  That  the  within  Account  (being  right  cast  and  well 
vouched)  be  allowed:  And  that  the  Treasurer  be  discharged  of  the 
Sum  of  One  hundred  and  thirty  six  pounds,  two  shillings  &  ten 
pence  three  farthings  And  that  the  balance  due  to  tlie  said  Treas- 
urer being  one  pound  seventeen  shillings  and  three  pence  one  far- 
thing the  County  be  further  accountable  to  him  for.  ^Passed 
November  S. 

-  Inserted  from  the  House  Journal,  p.  149. 


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  — 1766-67.  14:9 


CHAPTER    74. 

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

A  Petition  of  Jonathan  Williamson  and  Others  a  Committee  Legislative 
of   the  Town  of    Pownalborough      Setting  forth      That  the  said  coSncu",  xUlf, 
Town  at  their  annual  March  Meeting  in  1765  agreed  to  give  two  30"- 
shillings  in  the  pound  to  any  two  Men  that  would  agree  to  collect  House  Jour- 
the  Taxes  of  that  year,  and  give  security  therefor.  Whereupon  Job  "^  losfis^s^w'. 
Averel  and  Obadiah  Call  offered  themselves  and  were  Accepted;  £avr8°iv  see 
but  said  Call  being  not  legally  warned  to  take  the  Oath  of  Office,  note.' 
did  afterwards  when  the  assessors  offered  him  the  Rate  Bills,  refuse 
to  take  them,  and  they  are  not  now  by  Law  enabled  to  choose  another 
Collector.  Therefore  praying  that  this  Court  could  enable  them  now 
to  choose  another  Collector  in  the  room  of  said  Call,  or  otherwise 
relieve  them. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted,  as  that 
the  Town  of  Pownalborough  be,  and  are  hereby  impowered,  being 
legally  assembled  for  that  purpose,  to  choose  a  Collector  to  Collect 
the  Taxes  that  should  have  been  Collected  the  last  year  on  the  West- 
ern side  of  the  said  Pownalborough,  the  time  for  choosing  Town 
officers  being  elapsed  notwithstanding.     \^Passed  November  4. 


CHAPTER    75. 

RESOLVE  IMPOWERING  PHILLIP  TURNER  AND  RUTH  WING,  GUARDIANS, 
TO  CONVEY  REAL  ESTATE  UNDER  CERTAIN   CONDITIONS. 

A  Petition  of  Butler  Wing  of  Wareham  Yeoman  &  Father  of  fe'^s'^'?"Y  b 
Clifton  Wing  late  of  Rochester  deceased,  of  Phillip  Turner  of  said  council,  xxvi., 

Rochester  Guardian  to  two  of  the  Sons  of  the  said  Clifton  and  of  ^— 

Ruth  Wing  of  said  Wareham  Widow  of  said  Clifton  and  Guardian  ^a'i"pp.'\°52fi53 
of  his  only  daughter  Setting  forth  That  on  the  15"=  of  October  lee.' 
1762  and  on  the  S"'  of  November  1764  the  said  Butler  gave  to  his 
said  Son  Clifton  Deeds  of  Sale  of  those  dates;  and  the  said  Butler 
still  remains  seized  of  a  certain  Messuage  Lauds  and  Meadows  and 
Buildings  thereon  situate  in  Rochester  in  Sippecan  Great  Neck  so 
called  which  he  agrees  to  Exchange  for  what  is  contained  in  the 
two  Deeds  aforesaid.  And  praying  the  Interposition  of  this  Court 
to  make  the  said  Exchange  valid. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
said  Phillip  Turner  and  Ruth  Wing  in  their  said  Capacity,  be,  and 
accordingly  are  hereby  impowered  to  convey  to  the  said  Butler  Wing 
all  the  Right,  Title  and  Interest  the  said  Children  have  in  the  Lands 
the  said  Clifton  Wing  their  Father  deceased  was  Seized  of  at  the 
time  of  his  Death  as  mentioned  in  said  Petition,  and  execute  a  good 
Deed  thereof  accordingly.  Always  provided  that  the  said  Butler 
Wing  shall  first  make  and  execute  a  deed  in  fee  to  the  said  three 
Children  of  all  the  Lands  and  appurtenances  he  now  owns  in  the 
Great  Neck  in  Rochester  to  be  by  them  inherited  as  if  their  said 


150 


Pkovence  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  76,  77.] 


Father  had  died  seized  of  said  Estate  intestate :  And  provided  always 
that  the  said  Ruth  Wing  the  Widow  shall  hold  a  Right  of  Dower  in 
the  same  Lands  and  Buildings  during  her  natural  life,  which  the 
said  Butler  Wing  shall  so  convey,  as  if  her  said  Husband  had  died 
seized  of  the  same  in  fee  Simple.     [Passed  Noveinber  5. 


Legislative 
Records  of  the 
Council,  xxvi., 
310.    AlasB. 
Archives, 
Ixxx.,  622. 

Mass. 
Archives, 
Ixxx.,  621. 
House  Jour. 
nal,pp.  165, 169. 
Province 
Laws,  xvii., 
442,  chap.  14(i. 


CHAPTER    76. 

ORDER  ALLOWING   £8   ANNUALLY  TO    WILL"   SNELL. 

A  Petition  of  William  Snell  of  Bridgewater  Setting  forth 
That  he  hath  for  several  years  during  the  late  War  served  his 
King  and  Country,  and  had  laid  up  Money;  but  that  in  his  re- 
turn from  Newfoundland  in  1763  where  he  had  served  under  Col" 
Amherst  at  the  Reduction  of  S'  John's,  he  was  cast  away  at  Cape 
Sables  from  whence  he  came  home  Sick,  and  was  confined  to  his 
Bed  for  seven  months,  and  hath  finally  almost  lost  the  use  of  both 
his  Legs,  and  spent  the  most  of  his  substance.  That  upon  repre- 
sentation of  his  case  to  the  Court,  they  were  pleased  to  allow  him 
Seven  pounds  a  year  for  three  years ;  And  praying  for  further  Relief. 

Read  & 

Orderd  that  the  Petitioner  be  allowd  a  Pension  out  of  the  Pub- 
lick  Treasury  of  Eight  Pounds  annually  till  the  further  Order  of 
this  Court  the  first  Payment  to  commence  the  30*  Day  of  Dec''  next. 
[Passed  November  5. 


CHAPTER    77 


RESOLVE   ALLOWING   £8.  12   TO   ISAAC   BULLARD,  EXECUTOR. 


Legislative 
Records  of  the 
Council,  xxvi., 
310.    Mass. 
Archives,  cv., 
636. 

Mass. 

Archives,  cv., 
631).    House 
Journal, 
pp.  160, 161, 173. 


A  Petition  of  Isaac  Bullard  of  Dedham  Setting  forth  That 
one  William  Finley  a  North  Briton  who  had  been  a  Soldier  in  the 
pay  of  the  Province  in  Col"  Ingersoll's  Regiment  AD  1762  died  at 
Crown  point  in  October  the  same  Year,  and  by  his  last  Will  and 
Testament  appointed  the  Petitioner  his  Executor,  and  after  devis- 
ing sundry  small  Legacies,  bequeathed  the  Residue  of  his  Estate 
to  a  Woman  in  said  Town  who  had  Nursed  him  in  a  former  Sick- 
ness. That  he  had  Eight  pounds,  twelve  shillings  due  to  him  on 
Cap'  Elisha  Turner's  Muster  Roll,  which  the  petitioner  applied  for 
at  the  Treasury,  but  was  told  the  same  had  been  paid  upon  an  Order 
to  one  who  took  upon  himself  the  name  of  John  Finley  and  assum- 
ing relation  of  Brother  to  the  deceased.  That  the  said  deceased  had 
no  Relation  in  North  America,  &  the  said  Order  evidently  appears 
to  be  forged.  And  praying  relief. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  so  far  Granted  that 
there  be  allowed  &  Paid  out  of  the  Publick  Treasury  to  the  Peti- 
tioner the  Wages  Due  to  William  Finley  on  Capt  Elisha  Turners 
Muster  Roll,  being  Eight  pounds  &  Twelve  Shillings  for  the  Pur- 
poses mentioned  in  the  said  William''  last  Will  &  Testament.  [Passed 
November  5. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  151 


CHAPTER    78. 

RESOLVE  IMPOWERING  THE   TOWN   OF  FREETOWN  TO   CHOOSE  A   COL- 
LECTOR OF  TAXES. 

A  Petition  of  the  Selectmen  and  Assessors  of  the  Town  of  Free-  Legislative 
town    Setting  forth    That  one  William  Terry  was  chosen  Constable  coSScfi!  xxtl. 
in  the  year  1765  and  Sworn  accordingly,  but  before  he  had  collected  3ii. 
any  part  of  the  Taxes  which  were  committed  to  him,  the  same  amount-  House  Jour- 
ing  to  £90.4.8  he  removed  out  of  Town  and  as  they  have  no  legal  proV'iSra^''^"' 
power  to  choose  any  person  to  collect  the  said  Sum,  Praying  that  noj"^*' '^■' ^^®' 
they  may  be  impowered  by  this  Court  for  that  purpose. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted :  and  that  the 
Town  of  Freetown,  be,  and  hereby  are  impowered,  being  legally 
assembled  for  that  purpose  to  choose  a  Collector  to  collect  the  Sum 
of  Ninety  pounds,  four  shillings  and  eight  pence,  which  was  the 
Sum  apportioned  to  William  Terry  of  said  Freetown,  who  was  chosen 
one  of  the  Constables  of  said  Town  the  last  year;  the  said  William 
Terry  having  removed  out  of  the  Province.     [Passed  November  5. 


CHAPTER    79. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  APPOINTED  TO  BURN  GOV- 
ERNMENT SECURITIES  AND  DISCHARGING  THE  PROVINCE  TREAS- 
URER OF  THE   SUM  OF   £262,045.  9.  4. 

The  Committee  appointed  to  repair  to  the  Treasurers  &  take  an  Legieiatwe 
Account  of  the  Government  Securities  in  his  hands  and  see  them  councff  xxw^ 
burnt  and  Consumed  to  Ashes,  have  attended  that  Service  and  have  305.  Mass. 
received  of  M'  Treasurer  Gray  Government  Securities  payable  in  40^^  "''^'  ^"'' 
June  1765  of  the  old  form  Eighteen  thousand,  eight  hundred,  sixty  Mass. 
nine  pounds,  thirteen  shillings  and  ten  pence;  the  Interest  paid  f^^^^^^t^' ^'^^ ■' 
thereon  thirteen  hundred  and  seven  pounds,  fourteen  shillings  and  Journal, 
three  pence,  makes  Twenty  thousand  One  hundred,  seventy  seven  \i-j^^Anu', 
pounds,  eight  shillings  and  one  penny.  Also  Government  Securities  p- 135,  chap.  44. 
payable  in  June  1765  of  the  new  form  Twenty  thousand,  two  hun- 
dred, seventy  one  pounds;  the  Interest  paid  thereon  Eleven  hundred, 
eighty  two  pounds,  eight  shillings  and  five  pence  makes  Twenty  one 
thousand,  four  hundred  fifty  three  pounds,  eight  shillings  and  five 
pence.  Also  Government  Securities  payable  in  June  176-1  new  form 
Two  hundred  forty  nine  pounds,  the  Interest  paid  thereon  twenty 
one  pounds,  three  shillings  and  one  penny,  makes  Two  hundred 
and  seventy  pounds,  three  shillings  and  one  penny.   Also  Govern- 
ment securities  payable  in  June  176-1  old  form.  Seventy  seven  pounds ; 
the  Interest  paid  thereon  Six  pounds,  eleven  shillings  and  six  pence, 
makes  Eighty  three  pounds,  eleven  shillings  and  six  pence.   Also 
Government  Securities  payable  in  June  1766  Two  hundred  and  seven 
thousand,  five  hundred,  sixty  two  pounds;  the  Interest  paid  thereon 
Twelve  thousand,  four  hundred  ninety  eight  pounds,  eighteen  shil- 
lings and  three  pence,  makes  Two  hundred  twenty  thousand  and 


152 


Province  JjAws  (Resolves,  etc.) .  — 1766-67.     [Chaps.  80,  81.] 


sixty  pounds,  eighteen  shillings  and  three  pence.  All  which  notes 
amount  to  Two  hundred,  sixty  two  thousand  and  forty  five  pounds, 
nine  shillings  and  four  pence,  which  we  have  seen  burnt  and  con- 
sumed to  Ashes. 

Signed  Tho^  Hubbard  ^  Order 

Eead  & 

Orderd  that  this  Eeport  be  accepted  &  that  the  Treasurer  be  dis- 
charge [d]  of  the  Sum  of  Two  hundred  Sixty  two  Thousand  &  forty 
five  Pounds  Nine  Shillings  &  four  pence  accordingly. 
November  7. 


CHAPTEK    80. 

RESOLVE   CONFIRMING   THE   PROCEEDINGS   AT  THE   MEETINGS   OF   THE 
PROPRIETORS   OF  BAKERS  TOWN. 

Legislative  WHEREAS  Bakers  Town  so  called  by  the  late  running  the  Line 

Records  of  the 

Council, xxvi.,  between  this  Province  and  New  Hampshire  fell  within  the  bounds  of 
New  Hampshire ;  and  the  several  Meetings  of  the  Proprietors  of  said 


m4i"pp''i64'^i7i   Bakers  Town  and  their  Resolves  and  Votes  passed  at  their  Meetings 
172,"  179.  Ante,  called  in  order  to  get  a  Township  granted  in  the  lieu  of  that  lost, 
p-    ,c  ap.     .  ^^^  ^.^^.  ij^yjjjg  Q^-^i  ^jjg  same  for  getting  the  same  Confirmed  may 
be  called  in  question 

Resolved  that  the  Meetings  of  the  said  Proprietors  referred  to  in 
the  said  Petition  with  the  several  matters  and  things  therein  trans- 
acted shall  (if  otherwise  regular)  be  deemed  and  accounted  valid 
to  all  intents  and  purposes;  any  defect  in  the  manner  of  calling  or 
obtaining  said  Meetings  notwithstanding.     \^Passed  November  7." 


CHAPTEE    81 


RESOLVE  DIRECTING  THE  TOWN  OF  FALMOUTH  AND  DISTRICT  OF  CAPE 
ELIZABETH  TO  ASSESS  AND  COLLECT  TAXES  AND  PREPARE  A  TRUE 
AND   PERFECT   LIST   OF   RATEABLE   ESTATES. 


Legislative 
Records  of  the 
Council,  xxvi., 
314. 

House  Jour- 
nal, pp.  171, 180. 
Province 
Laws,  iv.,  828, 
chap.  18;  838, 
chap.  25;  866, 
note. 


Whereas  since  the  passing  of  the  last  Tax  Act,  a  part  of  the 
Town  of  Falmouth  in  the  County  of  Cumberland  has  been  erected 
into  a  District  by  the  name  of  Cape  Elizabeth,  but  no  rule  or  method 
has  been  since  prescribed  for  assessing  the  Inhabitants  and  Estates 
in  said  Town  and  District  respectively  their  proportion  of  the  public 
Taxes. 

Resolved  that  the  said  Town  and  District  shall  and  do  in  conjunc- 
tion Assess  the  rateable  Inhabitants  and  Estates  of  both  according 
to  the  rules  perfixed  and  set  by  the  last  Tax  Bill  for  the  mak- 
ing Public  Taxes,  and  commit  the  same  to  the  several  Constables 
and  Collectors  of  the  said  Town  and  District  to  be  by  them  sever- 
ally collected  and  paid  into  the  Province  Treasury  according  as  they 
shall  receive  the  Treasurers  A¥arrant,  which  they  are  hereby  enjoined 
to  do,  and  the  said  Assessors  are  hereby  respectively  directed  and 
enjoined  to  Return  to  this  Court  a  true  and  perfect  List  of  the  Poles 
and  Estates  by  Law  rateable  to  the  public  Taxes  at  their  next  Ses- 

^  This  date  is  according  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  November  6. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 176(5-67.  153 

sion  in  order  to  the  said  Courts  making  a  proper  Order  for  their 
being  hereafter  severally  Taxed  by  their  several  Assessors.     \^Passed 

November  7. 


CHAPTBK     82. 

RESOLVE    APPOINTING    A    COMMITTEE    TO    SELL    THE   MANUFACTORY 
HOUSE. 

In  the  House  of  Eepresentatives.  Legislative 

Resolved  that  Cap'  SheafEe  and  M^  Dexter  with  such  as  the  Hon"'"  coSnc'if,x*xv''h, 

Board  shall  join  be  a  Committee  to  make  Sale  of  the  House  com-  ^s- 

monly  called  the  Manufactory  House  with  the  Land  thereto  belong-  ^^"1™®  "'S^s 
ing;  and  that  the  same  be  sold  at  public  Auction  to  the  highest  178.'  Ante' 
bidder:  That  the  time  of  Sale  be  advertised  in  three  of  the  Boston  p^-j^ioi, chap. 
News  papers  three  Weeks  successively:  That  it  be  a  direction  to  the 
Committee  not  to  set  up  the  premises  at  a  less  Sum  than  Twelve 
hundred  pounds  and  that  the  said  Committee  be,  and  they  are  hereby 
impowered  to  give  a  good  and  sufficient  deed  or  deeds  of  said  House 
and  Land  to  any  j)erson,  or  persons  who  may  purchase  the  same; 
He  or  they  giving  good  security  for  the  purchase  Money  to  be  paid 
in  one  year  with  lawful  Interest.  And  in  case  no  purchaser  appear 
said  Committee  to  make  some  necessary  repairs  and  agree  with  the 
jjersons  who  now  occupy  the  same,  or  with  others  who  may  incline 
to  hire  it.  The  said  Committee  to  make  Report  at  the  next  Session 
of  this  Court. 

In  Council,  Read  and  Concurred,  and  Thomas  Hubbard  Esq'  is 
joined  in  the  affair.     [Passed  November  7. 


CHAPTEK    83. 

RESOLVE  CONFIRMING  THE   PROCEEDINGS  AT  THE   MEETINGS   OF    THE 
TOWN   OF  DAN  VERS. 

A  Petition  of  Archelaus  Dale  and  Others  in  behalf  of  tlie  Town  '  Legislative 
of  Danvers     Setting  forth  That  the  Annual  and  other  Town  Meet-  ^^™'(,ff  xxvi" 
ings  in  said  place  have  not  been  warned  by  a  Constable  of  the  Town  315. 
as  the  Law  directs,  but  by  notifications  signed  by  the  Town  Clerk  HouBe.iour- 
being  posted  up  at  both  the  meeting  Houses  whereby  the  several  m'vn'.''^'''*' 
Tovvn  Officers  chosen  at  such  meetings  may  be  exposed  to  difficulties 
and  hazard,  and  the  doings  of  said  Town  in  time  past  may  be  called 
in  question.  And  praying  that  a  Sanction  may  be  given  to  the  doings 
in  such  Town  Meetings  as  if  they  had  been  warned  according  to 
Law. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted,  as 
that  the  Meetings  of  said  Town  therein  referred  to,  and  all  the  pro- 
ceedings had  thereon,  be,  and  shall  remain  good  and  valid  to  all 
intents  and  purposes  as  fully  and  amply,  as  if  said  Meetings  had 
been  warned  agreable  to  Law.      \_Passed  November  7. 

1  Sic  for  District.  See  Province  Laws,  iv.,  5,  chap.  1;  Manual  for  the  General  Court, 
1911,  p.  114. 


154 


Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  y4,  85.] 


CHAPTER    84. 

RESOLVE  CONFIRMING  THE  VOTE  OF  THE  PROPRIETORS  OF  WINCHEN- 
DON  LEVYING  A  TAX  OF  ONE  PENNY  PEB,  ACRE  FOR  ONE  YEAR. 

Ricords'of  the       "^  PETITION  of  Tliomas  Wilder  in  behalf  of  the  Proprietors  of 
Council,  xxvi.,  the  Town  of  Winchendon     Setting  forth     That  at  a  legal  Meet- 

^~ ing  of  the  said  Proprietors  on  the  4""  June  last  held  at  said  Win- 

?ai"pp'nM75,  chendon,  they  did  agree  and  Vote  that  a  Tax  of  one  penny  ^  Acre 

in"'' La  .^'™^'  should  be  raised  upon  all  the  Lands  alotted  out:  and  that  the  Peti- 

63,  note.    '    '    tioner  should  wait  on  this  Court  for  their  Sanction  to  said  Vote. 

And  praying  that  the  said  Proprietors  may  be  enabled  to  Assess  and 

collect  said  Tax  in  order  to  enable  them  to  pay  the  Debts  they  have 

contracted  for  supporting  the  public  Worship  and  defreying  other 

charges  contracted  before  the  Town  was  Incorporated. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  that 
the  Tax  of  one  penny  ^  Acre  for  one  year  voted  by  the  proprietors 
of  the  said  Winchendon  the  fourth  day  of  June  last,  be,  and  hereby 
is  confirmed :  And  that  the  Assessors  or  Constables  or  Collectors  in 
said  Winchendon  are  hereby  respectively  authorised  and  impowered 
to  assess  and  Collect  the  same.     [Passed  November  7. 


CHAPTEE    85 


RESOLVE  IMPOWERING  PETER  CHARDON,  ADM",  TO  SELL  REAL  ESTATE 
AND  MAKING  PROVISION  IN   REGARD   TO   THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxvi., 
31B. 

Mass. 

Archives,  ix., 
45L    House 
Journal, 
pp.  170,  ISl. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Peter  Chardon  Esq'  of  Boston  Admin'  of  the 
Estate  of  Nathaniel  Cunningham  late  of  Boston  dec''  Setting  forth 
That  two  Negro  Servants  belonging  to  the  Estate  of  said  Nathaniel, 
have  by  reason  of  age  and  Infirmities  been  for  a  considerable  time 
past  supported  by  the  Town  of  Cambridge,  upon  whom  said  Negros 
were  left;  and  that  the  Petitioner  hath  no  personal  Estate  of  the 
said  deceased  in  his  hands  to  defrey  the  said  expence :  Therefore 
praying  that  he  may  be  impowered  to  sell  jaart  of  the  Real  Estate 
of  said  Nathaniel  to  the  amount  of  One  hundred  pounds  for  defrey- 
ing the  Charges  of  said  Negros,  and  discharging  what  other  Debts 
are  due  therefrom. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  the  said 
Admin'  in  his  capacity  be,  and  he  is  hereby  impowered  to  make  sale 
of  so  much  of  said  Cunningham's  Real  Estate  .as  shall  amount  to 
the  Sum  of  One  hundred  pounds,  where  it  shall  be  least  prejudi- 
cial to  the  remainder  of  said  Estate,  and  make  and  execute  a  good 
Deed  in  Law  to  the  purchaser  of  the  same,  that  the  moneys  arising 
by  such  Sale  be  applied  to  the  purposes  mentioned  in  this  Petition, 
he  observing  the  directions  of  the  Law  for  the  Sale  of  Real  Estate 
by  Executors  and  Administrators.     \_Passed  November  7. 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1766-67.  155 


CHAPTER    86. 

RESOLVE   LIBERATING  DAY"  SIMMONS  FROM   GOAL   AND    RE-ASSESSING 
THE'  TOWN    OF   MIDDLEBOROUGH. 

A  Petition  of  David  Simmons  of  Middleborough,  a  Prisoner  in  LcKisiatsve 
Plymouth  Goal  on  an  Execution  from  the  Province  Treasurer  for  the  coliucif  xxv'l 

Taxes  assessed  on  the  said  Town  for  1763  committed  to  him  to  col-  ^21i 

lect.  praying  for  relief,  Legislative 

rn       1  11  Records  of  the 

[Kead  andj  Council,  xxvl., 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  |ournai"ifp  8i 
the  said  David  Simmons  be  liberated  accordingly,  he  paying  Prison  85,113,116,172,' 
Fees.  Provided  he  stands  committed  on  no  other  Suit  than  that    ' 
mentioned  in  said  Petition,  and  that  the  Town  of  middleborough 
be  reassessed  the  Sum  of  £68.4.6  by  having  said  Sum  added  to 
their  proportion  of  the  Province  Tax  in  the  next  Province  Assess- 
ment. Provided  that  nothing  in  this  Resolve  be  construed  to  extend 
to  deprive  the  Town  of  Middleborough  of  any  legal  recourse  to  the 
Petitioner  for  the  Recovery  of  the  aforementioned  Sum.     [Passed 
November  7. 


CHAPTER    87. 

RESOLVE  IMPOWERING  LYDIA  NEGUS,  ADM^,  TO  EXECUTE  A  DEED  AND 
MARY  NEGUS,  ADM'^,  TO  SELL  REAL  ESTATE,  AND  MAKING  PROVISION 
IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Mary  Negus  Admin^  of  the  Estate  of  Henry  Legislative 
Negus  late  of  Dartmouth  deceased     Setting  forth     That  the  said  ^^°^.??  ZVi 
Henry  with  his  Brother  Jonathan  Negus  purchased  about  one  Acre  sr^ 


of  Land  in  said  Dartmouth  of  one  Noah  Allen,  to  be  holden  in  House  .Jour- 
severalty,  the  Deed  thereof  was  given  by  the  said  Allen  to  the  said  is*'.' ''pTOTince' 
Jonathan,  who  was  to  have  given  a  Deed  of  the  one  half  to  his  ^^/''^'iJjVxvil 
Brother  Henry,  but  died  without  executing  the  same  whereupon  583,ciiap'.'i64.'' 
the  said  Henry  preferred  a  Petition  to  this  Court  in  1765  praying  chap. 7."'' 
that  Lydia  Negus  admin^  of  the  said  deceaseds  Estate  might  be 
impowered  to  convey  the  said  half  Acre  to  him  the  said  Henry  who 
was  impowered  by  said  Court  accordingly ;  but  the  said  Henry  also 
died  before  sucli  deed  was  executed,  and  died  Insolvent.  Therefore 
praying  that  the  said  Lydia  may  be  impowered  to  make  a  Convey- 
ance of  the  said  half  Acre  of  Land  to  her  the  said  Mary,  and  that 
she  may  be  impowered  to  sell  the  same  for  the  benefit  of  the  Credi- 
tors of  the  said  Henry. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that 
the  said  Lydia  Negus  in  her  Capacity  of  Administratrix  on  the 
Estate  of  her  late  Husband  Jonathan  Negus,  be,  and  hereby  is  im- 
powered to  execute  a  good  Deed  in  Law  of  the  half  Acre  of  Land 
mentioned  in  the  Petition  to  the  Petitioner  in  her  capacity  of  Ad- 
min'', and  that  the  Petitioner  in  her  said  capacity  be,  and  hereby  is 
impowered  to  make  Sale  of  the  said  half  Acre  of  Land,  together 
with  the  fee  of  the  residue  of  her  late  Husband  the  said  Henry 
Negus's  Real  Estate  (her  Dower  therein  being  first  set  off  according 
to  Law)  and  to  execute  a  good  and  sufficient  deed  or  deeds  in  Law 


156 


Province  Laws  (i2esoZves,ete.).  — 1766-67.     [Chaps.  88,  89.] 


of  the  same,  She  observing  the  directions  of  the  Law  respecting 
the  Sale  of  Intestate  Estates,  the  proceeds  of  said  Sale  to  be  applied 
for  the  use  of  said  Henry's  Creditors.      [Passed  November  8. 


CHAPTER    88, 


Legislative 
Records  of  ttie 
Council,  xxvi., 
318. 

House  Jour- 
nal, pp.  151,  187. 
Province 
Laws,  ii.,  151, 
chap.  10. 


RESOLVE   IMPOWERING  THOM"  GRAY,  ADM",  TO   SELL  REAL  ESTATE. 

A  Petition  of  Thomas  Gray  admin'  of  the  Estate  of  Elizabeth 
Eidgway  Setting  forth  That  the  said  Elizabeth  [was]  declared 
Bankrupt,  and  soon  after  died :  that  at  the  request  of  the  Creditors 
the  Petitioner  was  appointed  Admin',  and  hath  since  paid  them 
five  shillings  in  the  pound,  That  the  said  Elizabeth  died  seized  of 
a  Brick  Ilouse  in  Cornhill  which  is  under  Mortgage,  besides  which 
there  is  but  little  Estate  remaining.  And  praying  that  he  may  be 
impowered  to  make  Sale  of  the  said  House  in  order,  after  discharg- 
ing the  said  Mortgage  to  apply  the  residue  towards  payment  of  the 
said  deceaseds  debts. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted :  and  that  the 
Petitioner  be,  &  hereby  is  impowered  in  his  capacity  of  Admin'  to 
make  sale  of  the  House  mentioned  in  the  Petition,  and  execute  a 
good  deed  in  Law  of  the  same,  the  proceeds  of  said  Sale  to  be  ap- 
plied for  the  purposes  mentioned  in  the  Petition,  he  giving  suffi- 
cient security  to  the  Judge  of  Probate  for  the  County  of  Suffolk 
that  the  proceeds  shall  be  applied  to  the  purposes  mentioned  in  the 
Petition.     [Passed  November  10. 


CHAPTER    89, 


ORDER  OF  NOTICE   WITH   STAY    OF   EXECUTION    ON    THE    PETITION  OF 
MARTHA   LUTHER. 


Legislative 
Records  of  tlie 
Council,  xxvi., 


House  Jour- 
nal, pp. 166, 167, 


A  Petition  of  Martha  Luther  of  Swanzey  Setting  forth  That 
in  July  1765  She  was  sued  to  appear  at  the  Inferior  Court  to  be 
holden  at  Taunton  in  August  then  next  after  as  Agent  &  Trustee 
to  Josiah  Chase  to  answer  to  Samuel  Chase  in  a  plea  of  the  case 
for  the  Sum  of  £33.5.6.  That  the  said  Action  was  continued,  the 
said  Josiah  being  then  at  Sea,  that  when  he  returned  he  declared 
that  he  owed  the  said  Samuel  nothing,  and  afterwards  went  to  Sea 
again  with  the  said  Samuel.  That  in  August  1766  the  Action  was 
called  at  Court  and  went  against  her  by  default.  She  being  then 
Sick,  and  unhappily  forgetting  the  Case  then  depending.  And  pray- 
ing liberty  to  answer  and  plead  thereto  at  the  next  Inferior  Court 
to  be  holden  at  Taunton  aforesaid. 

Read  and 

Ordered  that  the  prayer  of  this  Petition  be  so  far  granted,  as  that 
the  Petitioner  notify  Samuel  Chase  the  adverse  party  by  serving  him 
with  a  Copy  of  this  Petition,  that  he  shew  cause,  if  any  he  hath,  on  the 
second  Wednesday  of  the  next  sitting  of  this  Court,  why  the  prayer 
thereof  should  not  be  granted,  and  that  Execution  mentioned  fierein 
be  stayed  in  the  meantime.     [Passed  November  10. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.) .  — 1766-67.  157 


CHAPTBE    90. 

RESOLVE  IMPOWERING  PHILLIP  AND  JEMIMA  KING,  GUARDIAN,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  PETiTioif  of  Philip  King  of  Taunton  and  Jemima  his  Wife,  Legislative 
which  Jemima  was  the  relict  Widow  of  John  Paddleford  late  of  coum^u"  xU'l, 
Taunton  and  sole  Executrix  of  his  last  Will  and  Guardian  to  his  ^'rehweB^xix 
three  Children,  two  Sons  and  a  daughter     Setting  forth  That  after  763. 
the  decease  of  the  said  John,  she  agreable  to  the  inclination  of  tlie  Mass. 
eldest  Son  John,  and  the  advice  of  his  friends  sent  him  to  Yale  TC2!^''House'^'' 
College  for  education  where  he  has  continued  two  years:  That  the  '^""igf'io,  ,09 
other  Son  Seth  of  about  15  years  of  age  met  with  a  wound  in  his  Province  ' 
Arm  about  four  years  since  whereby  he  hath  almost  lost  the  use  of  Jha^^'io.'' '"' 
it,  and  is  thereby  rendered  in  a  great  measure  unfit  for  any  manuel 
labour,  which  hath  induced  her  at  her  own  expence  to  fit  him  also 
for  the  College ;  but  being  unable  to  bear  the  charge  of  her  two 
Sons  education.  Therefore  prays  that  she  may  be  enabled  to  make 
Sale  of  their  I'espective  shares  of  the  deceaseds  Eeal  Estate  for  the 
said  purpose. 

[Read  and] 

Resolv\l  that  the  Prayer  of  the  within  Petition  be  so  far  granted 
as  that  the  said  Petitioners  Philip  &  Jemima  as  the  said  Jemima 
is  Guardian  to  the  said  John  &  Seth  be  and  are  hereby  impowered 
to  make  Sale  of  so  much  of  the  Real  Estate  of  the  said  John  &  Seth 
(where  it  will  be  lest  prejudicial  to  the  remainder  of  said  Estate) 
to  the  amount  of  one  hundred  &  Thirty  pounds  and  to  make  and 
Execute  a  good  &  sufficient  Deed  or  deeds  of  the  same  to  the  pur- 
chaser or  purchasers  their  heirs  &  assigns  they  observing  the  Direc- 
tion of  the  Law  respecting  the  sale  of  real  Estates  by  Exec"  &  adm" 
the  money  arising  by  said  Sale  to  be  apply'd  to  the  purposes  within 
mentioned  in  proportion  to  the  right  they  have  in  said  Land  so  Sold 
the  Pef  Jemima  giving  su^fficient  Caution  to  the  Judge  of  Probate 
for  the  County  of  Bristol  to  apply  said  money  to  the  purposes  afore- 
mentiond.     \^Passed  November  11. 


CHAPTER    91. 

RESOLVE    CONFIRMING    TO    NATHAN    AND    ELISHA    JONES    AND    JOHN 
MURRAY  TOWNSHIP  N"  1   IN  BERKSHIRE   COUNTY. 

A  Petition  of  Nathan  Jones,  Elisha  Jones  &  John  Murray    Set-  Legislative 
ting  forth  That  tliey  are  equally  interested  in  a  new  Township  in  councif,  xxvif, 

the  County  of  Berkshire  called  Number  one  or  East  Hoosuck,  sold  '^j^ 

by  this  Province  in  June  1762  to  the  said  Nathan;  that  they  have  House  .Jour- 
admitted  many  Settlers,  and  others  appear  to  purchase,  but  as  they  r27,'i64,'i86.   ' 
have  no  Grant  from  the  Government  there  are  difficulties  in  giving  Laws°xvii., 
deeds.  And  praying  that  this  Court  would  make  a  Grant  of  said  242,  ciiap.  si). 
Township  to  them,  and  their  Associates,  their  Heirs  and  Assigns 
they  performing  the  conditions  of  Settlement  enjoined  by  the  Gen- 
eral Court  at  the  time  of  Sale. 

[Read  and] 

Resolved  That  the  Township  mentioned  in  the  within  Petition 


158  Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  92,  93.] 

bounded  and  described  as  in  the  original  Sale  thereof,  be  granted 
and  confirmed  to  the  Petitioners,  their  Heirs  and  assigns  forever, 
excepting  what  Land  within  said  Boundaries  has  been  granted  to 
any  other  person,  they  compleating  the  Settlement  thereon  origi- 
nally enjoined  by  the  General  Court.     ^Passed  Xovemier  11. 


CHAPTEK    92. 

RESOLVE  IMPOWERING  THE  ASSESSORS  OF  THE  TOWN  OF  WARWICK 
TO  ASSESS  ALL  DELINQUENT  PROPRIETORS  AT  ONE  PENNY  PER 
ACRE   ON   LAND. 

Legislative  A  PETITION  of  James  Ball  Agent  for  the  Town  of  Warwick  in 

Council, xxvi.,  the  County  of  Hampshire  praying  for  a  Tax  on  the  Lands  of  the 
delinquent  proprietors. 


Kli's"o7tbe  [Read  and] 
Council,  xxvi.,  Resolvccl  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
Journa'i,"pp.»i,  the  Assessors  of  said  Town  be  and  are  hereby  authorised  and  im- 
108,141,18-2,193,  powered  for  the  term  of  three  years  next  Ensuing  to  assess  all  delin- 
quent proprietors  within  said  Township  at  one  penny  ^  Acre  who 
have  not  complied  with  the  Injunctions  of  the  General  Court  respect- 
ing the  Settlement  of  said  Township,  and  likewise  to  Assess  a  Farm 
in  said  Township  of  four  hundred  Acres  called  Field's  Farm  during 
the  pleasure  of  the  General  Court,  until  it  shall  appear  they  have 
done  their  duty  by  settling  one  Family  in  said  Township  for  each 
resjiective  right,  as  also  one  Family  on  said  Farm.  And  to  commit 
said  assessment  for  collection  to  such  Collectors  as  may  from  time 
to  time  be  appointed  for  the  Collection  of  other  Taxes  in  said 
Town,  and  in  want  of  Goods  and  Chattels  whereon  to  make  dis- 
tress within  said  Townsliip,  the  assessors  who  make  the  Tax  are 
hereby  directed  to  notify  for  Sale  so  much  and  no  more  of  each 
delinquent  proprietors  Land  as  they  upon  their  Oaths  shall  judge 
necessary  for  the  payment  of  said  Tax  and  the  charges  arising  thereon 
by  posting  up  all  such  assessments  within  the  Town  of  Warwick, 
as  also  in  the  shire  Town  of  the  County  of  Hampshire,  and  adver- 
tising the  same  in  one  or  more  of  the  Boston  News  papers  three 
Months  before  the  said  Sale,  to  sell  the  same  to  the  highest  bidder, 
and  make  and  execute  a  good  Deed  or  deeds  of  the  same.  And  if 
it  happen  tliat  said  Land  so  apprised  sell  for  more  than  may  be 
sufficient  to  pay  the  Assessment  and  Charges,  the  Overplus  shall 
be  returned  to  the  owners  of  said  Land.     \_Passecl  November  12. 


CHAPTEE    93. 

RESOLVE   WITH   STAY   OF  EXECUTION   IMPOWERING    EDMUND    QUINCY, 
JR.,  TO   APPEAL  FROM   A   JUDGMENT. 

Legislative  A  PETITION  of  Henry  Quincy  of  Boston     Setting  forth   That 

Council, xxvi.,  John  Greaton  jun''  of  Roxbury  purchased  a  Writ  against  him  for 


the  Sum  of  Eighteen  pounds  for  the  Rent  of  a  House  in  Boston  to 
I  up  175  176  the  25""  January  last,  and  laid  his  damages  in  said  Writ  at  Thirty 
,196.     '     '  pounds,  which  Action  was  carried  up  to  the  Superior  Court  held 
at  Boston  in  August  last  by  demurrer  and  it  so  happened  that  Judg- 
ment was  made  up  for  the  Sum  of  Thirty  pounds  and  Costs,  when 


[2d  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1766-67.  159 

in  fact  there  was  no  more  due  than  Eighteen  pounds,  and  Execu- 
tion is  now  out  for  the  Sum  recovered.  And  praying  Eelief . 

[Read  and] 

Resolved  that  the  prayer  of  Henry  Quincy  be  so  far  granted  as 
that  Edmund  Quincy  jun'  be  and  hereby  is  impowered  to  enter  his 
Appeal  from  a  Judgment  obtained  against  him  by  Jolm  Greaton 
Jun"'  at  the  Inferior  Court  of  Common  pleas  holden  at  Boston  on 
the  third  Tuesday  of  April  last  any  default  in  him  to  the  contrary 
notwithstanding,  at  the  next  Superior  Court  of  Judicature  &c  to 
be  holden  at  Boston  on  the  second  Tuesday  of  March  next;  He 
giving  the  said  John  seven  day's  notice  at  least  of  the  same  before 
the  sitting  of  said  Superior  Court:  And  that  the  said  Edmund  be 
entitled  to  the  same  advantages  as  he  would  have  been  intitled  to, 
had  he  entered  his  Appeal  at  the  last  Superior  Court  of  Judicature 
&c  held  at  Boston  on  the  last  Tuesday  of  August  last.  And  that  the 
said  Superior  Court  be,  and  hereby  are  fully  authorised  and  impow- 
ered to  hear  and  determine  the  same,  enter  up  Judgment  and  award 
execution  thereon  accordingly.  And  if  it  shall  appear  to  said  Court 
by  the  declaration  in  the  Writ,  the  said  John  Greaton  v'  Quincy  that 
Eighteen  pounds,  &  no  more  when  Judgment  was  entered  up,  was 
then  legally  due  and  owing  from  the  said  Quincy  to  the  said  Greaton 
upon  the  Lease  mentioned  in  the  Inferior  Court's  Judgment,  and 
that  the  said  Quincy  hath  &  doth  tender  to  the  said  Greaton  the 
same  with  Costs  of  Suit  to  this  time,  and  the  said  Greaton  doth 
not  accept  the  same  in  full  discharge  of  the  Execution,  that  the 
said  Edmund  shall  be  allowed  Costs  of  the  same  Court,  and  that 
upon  the  said  Edmund's  paying  to  the  said  Greaton  or  unto  the 
officer  who  hath  or  may  have  the  execution  against  the  said  Edmund 
Eighteen  pounds  &  Costs  of  Courts,  and  the  officers  fees,  that  said 
execution  be  stayed  in  the  mean  while.      \^Passed  November  12. 


CHAPTER    94. 

RESOLVE   CONFIRMING  AN   ORDER  OF  THE   SUPERIOR   COURT  AND   IM- 
POWERING   iVIOSES   PARSONS,  GUARDIAN,  TO   SELL   REAL   ESTATE. 

A  Petition  of  Moses  Parsons  Guardian  to  Obadiah  Parsons  a  Legislative 
Minor.  Setting  forth     Tliat  Jonathan  Parsons  Father  of  the  said  ^^™^!?^  °*^*'' 
Minor  deceased,  did  by  his  last  Will  and  Testament  order  that  his  m. 
Son  should  have  a  liberal  Education,  and  that  in  case  his  personal  Mass. 
Estate  should  not  be  sufficient  for  the  purpose  that  all  his  Eeal  reJ^^'House"''' 
Estate  should  be  sold  to  effect  it,  one  Farm  excepted.  That  upon  "'°"?,°|?'{„„  ,„- 
application  to  the  Superior  Court  held  at  Ipswich  for  the  County  ^^'     '     '    '' 
of  Essex  in  June  176-!:  he  obtained  an  Order  for  selling  to  the  amount 
of  £120  which  Sum  being  insufficient  he  again  applied  to  the  said 
Court  held  at  Salem  on  the  first  Tuesday  of  this  Instant  for  a  further 
power  to  sell ;  but  the  said  Court  now  question  their  authority  in 
the  case,  and  have  advised  him  to  apply  to  this  Court,  as  well  to 
confirm  the  Sale  made  by  their  former  order,  as  to  impower  him  to 
make  such  further  Sales  as  may  be  found  necessary.   And  praying 
that  he  may  be  impowered  accordingly,  and  that  the  former  Sales 
may  be  established  and  confirmed. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 


160 


Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chaps.  95,  06.] 


Order  of  the  Superior  Court  as  mentioned  in  said  Petition  is  hereby 
dechired  to  be  good  and  valid  in  Law  to  all  Intents  and  purposes, 
and  that  the  several  Sales  &  Deeds  given  of  Lands  and  Eeal  Estate 
be  good  and  valid  in  Law  likewise :  And  also  that  the  said  Petitioner 
in  his  capacity  as  Guardian  is  hereby  impowered  to  make  Sale  of 
the  Eeal  Estate  of  said  Minor  to  the  value  of  One  hundred  pounds 
to  be  applied  for  the  discharging  of  the  Debt  already  arisen  in  his 
support  and  Education  as  mentioned  in  said  Petition,  and  for  the 
purposes  within  further  mentioned  in  said  Petition  where  it  can  be 
with  least  prejudice  to  the  whole,  to  execute  a  good  deed  or  deeds 
of  the  same,  and  be  accountable  to  the  Judge  of  Probate  for  said 
County.      \^Passed  Novemier  12. 


Legislative 
Records  of  the 
Council,  xxvi., 
32fl.    Mass. 
Archives, 
Ixxx.,  620. 

Mass. 
Archives, 
Ixxx.,  617. 
House  Jour- 
nal, pp.  172, 196. 


CHAPTEE    95. 

ORDER  OF  NOTICE   WITH   STAY  OF  EXECUTION    ON    THE    PETITION    OF 
SAM^-  BLODGET  FOR  THE   RE-HEARING  OF  AN  ACTION. 

A  Petition  of  Samuel  Blodget  of  Boston  Setting  forth  That 
in  the  year  1758  He  was  Quarter  Master  and  Sutler  to  Col°  Nichols's 
Eegiment,  and  had  supplied  one  Seth  Willis  of  Easton  with  Cloath- 
ing  to  the  amount  of  Thirty  eight  shillings  for  which  he  took  the 
said  Willis's  Note  of  hand  who  refusing  payment,  the  Petitioner 
sued  the  said  note  before  M'  Justice  Story  biit  not  knowing  when 
the  Trial  would  come  on,  he  went  out  of  Town  carrying  the  Note 
with  him,  by  means  whereof  he  was  cast  whereuj^on  his  Attorney 
appealed  to  the  Inferior  Court  of  Common  pleas  held  at  Boston  in 
January  1765  which  Action  was  continued  to  July  last,  when  in  the 
absence  of  the  Petitioner  the  case  was  brought  on,  and  the  Jury 
going  upon  a  mistaken  Fact  gave  the  cause  for  said  Willis,  at  which 
time  also  were  suggested  some  things  to  the  prejudice  of  the  Peti- 
tioners Character.  And  praying  that  this  Court  would  afford  him  a 
Committee  to  hear  and  report  upon  this  his  Complaint ;  and  that 
he  may  have  a  new  Trial  of  the  Cause. 

[Bead  and] 

Orderd  that  the  Petitioner  serve  Seth  Willis  with  a  Copy  of  this 
Petition  that  he  may  shew  Cause  if  any  he  has  on  the  second  Wens- 
day  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should 
not  be  granted  &  that  Execution  be  staid  in  the  mean  time.  [Passed 
Noveniber  13. 


CHAPTEE    96 


Legislative 
Kecords  of  the 
Council,  xxvi., 
325.    Mass. 
Archives, 
Ixxx.,  615. 

Mass. 
Archives, 
Ixxx.,  6U. 
House  Jour- 
nal, pp.  197,19s. 


RESOLVE  DIRECTING  THE  COMMISSARY  GENERAL  TO   PURCHASE  BRASS 
CANNON. 

A  Petition  of  Joseph  Jackson  Esq'  and  other  Officers  of  the 
Eegiment  of  the  Militia  in  the  Town  of  Boston  Setting  forth  That 
there  are  several  Brass  Field  pieces  now  in  Boston  which  may  be 
purchased  at  the  price  of  old  Brass,  and  as  the  Train  of  Artillery 
lielonging  to  said  Eegiment  now  consists  of  four  Field  pieces  of 
Iron  praying  that  this  Court  would  give  Orders  for  purchasing  the 
said  Brass  pieces  for  the  use  of  the  said  Eegiment  instead  of  those 
of  Iron  beforementioned. 


[2d  Sess.]     Province  Laws  (Besolves,  etc.).  — 176(3-67.  161 

[Read  and] 

Resolvd  that  the  Prayer  of  the  within  Petition  be  granted  &  that 
the  Commissary  General  be  directed  to  make  tlie  Purchase  of  four 
of  the  brass  Cannon  mentiond  for  the  Use  of  this  Province  in  the 
Train  of  Artilery  in  Boston.     [Passed  November  12. 


CHAPTER    97. 

ORDER  OF  NOTICE   WITH   STAY   OF    EXECUTION    ON    THE    PETITION   OF 
JOHN   KINGSLEY   FOR  THE   RE-HEARING  OF  AN   ACTION. 

A  Petition  of  John  Kingsly  of  Rehoboth     Setting  forth  That  Legislative 
at  the  Superior  Court  for  the  County  of  Bristol  held  at  Taunton  coSncu,  xxvif, 
in  May  last,  Walter  Hail  of  Warren  brought  his  Action  against  the  ^ 


Petitioner  upon  his  Bond  dated  in  December  1764  conditioned  for  ^i"pp"^i'^2'^ig3 
the  payment  of  £2,647  Bills  of  Credit  of  Rhode  Island  of  the 
old  Tenor  with  Interest  or  in  Dollars  at  the  Rate  of  56/  each,  and 
the  said  Action  was  carried  up  by  demurrer  to  the  Superior  Court 
held  at  Taunton  in  October  last,  when  the  Petitioner  being  absent 
by  reason  of  Ilness  &  his  attorney  obliged  to  be  at  Boston  Judg- 
ment went  against  him  by  default  for  £315  lawful  money  damage, 
which  is  in  fact  three  times  as  much  as  tlie  Petitioner  owed,  and 
will  prove  his  utter  ruin  unless  relieved.  And  praying  that  he  may 
have  a  rehearing  of  tlie  case  at  the  next  Superior  Court  to  be  held 
at  Taunton  aforesaid  for  the  County  of  Bristol,  and  that  Execution 
be  stayed  in  the  mean  time. 

Read  and 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Petitioner  notify  the  adverse  party  by  serving  him  with  a  Cojjy 
of  this  Petition,  that  he  shew  cause,  if  any  he  hath,  on  the  second 
Wednesday  of  the  next  sitting  of  this  Court  why  the  prayer  thereof 
should  not  be  granted :  and  that  the  said  Execution  be  stayed  in  the 
mean  time,  the  Petitioner  giving  in  Bond  with  surety  to  the  Sheriff 
of  the  County  of  Bristol  to  pay  what  shall  be  finally  recovered  with 
the  Interest.     \^Passed  November  12. 


CHAPTER    98. 

RESOLVE  CONFIRMING   A  PLAN   OF  550   ACRES   OF  LAND   TO    JON*   BAG- 
LEY,  ESQ". 

Resolved  that  tlie  Within  plan  of  five  Hundred  Acres  of  Land,  LegiBiative 
Granted  to  Jonathan  Bagly  Esq'  &  by  him  Layd  out  in  the  County  councif,  xxli*, 
of  york  adjoyning  to  Salmon  fall  River  &  is  Bounded  as  followeth;  pians'^'M?!  """^ 
Begining  at  Salmon  falls  River  where  it  Emtyes  it  Self  into  Horn  xiv.,  4. 
Pond.  Thence  Runing  S"  36  Degrees  E'  100  Rod  by  s'*  Pond  to  a  Maijsand 
Burch  Tree  Marked  B  Standing  by  Labenan  Line,  Thence  NE  B  xi??4^!'''" 
E'  320  Rods  on  Labenan  Line,  to  A  Maple  tree  Mark'*  B,  Thence  ^aTfj'rrig: 
NW  B  N  430  Rods  by  province  Land  to  A  Maple  tree  Standing  by  Province'  ' 
Salmon  falls  River,  Thence  Down  said  River  as  the  River  Runs  to  4977chfip™83. 
the  Bound  first  Mentioned. 

Be  Accepted,  and  the  Land  therein  Contained  be  Confirmed  Unto 


162 


Province  Laws  {Resolves,  etc.) .  — 1766-67.     [Chaps.  9y-101.] 


him  the  s""  Jonathan  Bagly  his  heirs  and  Assigns  for  Ever  Provided 
the  Same  Doth  Not  Exceed  the  Quantity  of  five  Hundred  &  fifty 
acres  Exclusive  of  thirty  Acres  allowance  for  Rocks  &  Bogg  therein 
Containd  Xor  interfere  with  Any  former  Grant.  \^Passed  Novem- 
ber 12. 


CHAPTEK    99, 


RESOLVE  IMPOWERING  SAM^-  NICHOLS  AND  ELIZABETH  HIS  WIFE, 
ADM'',  TO  SELL  REAL  ESTATE  AND  MAIONG  PROVISION  IN  REGARD 
TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxvi., 
327. 

House  Jour- 
Bal,  p.  199. 
Province 
Laws,  li.,  151, 
chap.  10. 


A  Petition  of  Samuel  Nichols  of  Shirley,  and  Elizabeth  his 
Wife  Admin^  of  the  Estate  of  her  late  Husband  James  Patterson 
late  of  Shirley  deceased  Setting  forth  That  the  said  James  died 
seized  of  about  fifty  Acres  of  Land  with  a  dwelling  House  lately 
set  upon  the  same,  the  whole  being  but  of  small  value:  That  the 
deceaseds  debts  amount  to  Thirty  pounds  more  than  his  personal 
Estate;  and  as  it  is  therefore  necessary  that  some  part  of  his  Real 
Estate  should  be  sold,  and  it  would  be  very  injurious  to  the  whole 
to  divide  it  praying  that  they  may  be  impowered  to  sell  the  House 
and  Land  for  payment  of  the  debts  as  aforesaid,  the  Overplus  to 
be  distributed  according  to  Law.  And  James  Prescot  Guardian  to 
the  Children  having  signified  his  desire  that  the  prayer  of  the  said 
Petition  be  granted,  the  following  Order  passed  thereon. 

Resolved  that  the  prayer  of  the  Petition  be  granted ;  and  that  the 
Petitioners  in  their  capacity  be,  and  hereby  are  impowered  to  make 
Sale  of  the  Real  Estate  of  said  James  Patterson  deceased  for  the 
most  the  same  will  fetch,  and  to  make  and  execute  a  good  Deed  or 
deeds  in  Law  for  conveying  the  same ;  they  observing  the  directions 
of  the  Law  relating  to  the  Sale  of  Real  Estates  by  Executors  &  Ad- 
min" and  giving  caution  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  that  the  proceeds  of  said  Sale  be  applied  to  the  purposes 
within  mentioned.     \^Passed  Xovember  12. 


CHAPTEE    100. 


ORDER  SUSPENDING  THE   SALE   OF  THE   MANUFACTORY  HOUSE. 


Legislative 
Records  of  the 
Council,  x.xvi., 

328. 

House  Jour- 
nal, pp.  1&4,175, 
178,195.    Ante, 

p.  153,  chap.  82.  ^Passed  November  12. 


Ordered  that  the  Committee  appointed  to  make  Sale  of  the  Man- 
ufactory House  so  called  in  Boston  be  and  they  are  hereby  directed 
to  suspend  the  Sale  thereof  till  the  further  Order  of  this  Court. 


CHAPTER    101. 


VOTE    WITH    ORDER    OF    NOTICE    AND    STAY    OF  EXECUTION    ON    THE 
PETITION  OF   ROXBURY  SELECTMEN  TO  SET  ASIDE   A  JUDGMENT. 


Legislative  ^  PETITION  of  Eleazer  "Williams  Esq'  and  Others  Selectmen  of 

Council, xxvi.,  Roxbury     Setting  forth     That  one  Stephen  Choate  with  his  Wife 
^ and  three  Children  in  April  1738  came  from  Boston  to  reside  in 


[2d  Sess.]     Province  Laws  (iJesoZves,  ete.).  —  1766-67.  163 

said  Town  of  Eoxbury  and  were  in  the  Month  of  May  following  House  Jour- 
warned  out  of  Town,  but  were  afterwards  suffered  to  reside  there  °*'P-  ^• 
for  two  or  three  years  under  warning  till  the  man  died,  when  the 
Children  were  put  out,  and  the  Woman  went  from  place  to  place  a 
nursing  'till  at  length  growing  infirm  she  was  sent  from  Brooklyn 
where  she  had  resided  some  years,  to  the  Town  of  Eoxbury,  who 
in  consequence  of  the  Warning  before  mentioned  sent  her  to  Bos- 
ton That  the  Selectmen  of  Boston  after  she  had  resided  there  some 
time,  complained  to  the  Court  of  Sessions,  who  having  heard  the 
Case,  determined  against  the  Town  of  Eoxbury,  whereby  the  said 
Town  thinks  itself  greatly  injured;  and  having  since  found  sufficient 
Evidence  to  invalidate  all  that  had  been  advanced  on  the  Trial  upon 
which  the  said  Judgment  was  founded.  Praying  that  the  said  Judg- 
ment may  be  set  aside ;  and  that  they  may  have  a  new  hearing  of  the 
cause. 

[Eead  and] 

Voted  that  the  Petitioners  serve  the  Selectmen  of  the  Town  of 
Boston  with  a  Copy  of  this  Petition  that  they  shew  cause,  if  any 
they  have,  why  the  prayer  of  the  Petition  should  not  be  granted, 
on  the  second  Wednesday  of  the  next  sitting  of  this  Court,  and  that 
Execution  be  stayed  in  the  mean  time.     [Passed  November  12. 


CHAPTER    102. 

RESOLVE   ADJOURNING  COURTS  IN   MIDDLESEX  COUNTY. 

Whereas  the  General  Thanksgiving  throughout  this  Province  Legislative 
is  appointed  to  be  observed  on  the  Thursday  of  the  same  Week  councu  x^vf 
wherein  the  Court  of  General  Sessions  of  the  peace  and  Inferior  ^^- 
Court  of  Common  pleas  are  by  Law  next  to  be  holden  in  the  County  House  Jour. 
of  Middlesex,  by  reason  whereof  the  holding  said  Courts  at  that  province''*' ^^' 
time  will  be  attended  with  inconvenience.  Therefore  ciilT^s'-' el' 

Resolved  that  the  said  Court  of  General  Sessions  of  the  peace  and  note.' 
Inferior  Court  of  Common  pleas  which  by  Law  are  to  be  holden  at 
Charlestown  within  and  for  the  said  County  of  Middlesex  on  the 
last  Tuesday  of  November  Instant,  be  and  hereby  are  adjourned  to 
the  first  Tuesday  of  December  next  to  be  holden  at  Charlestown 
aforesaid  at  ten  of  the  Clock  in  the  Forenoon  of  the  same  day.  And 
all  pleas  Writs,  Actions,  Suits,  Complaints,  processes.  Precepts,  Ee- 
cognizances  and  other  thing  and  things  whatsoever  returnable  or 
having  day  or  days  in  either  of  the  said  Courts,  and  which  were  on 
the  said  last  Tuesday  of  this  Instant  November  to  have  been  pro- 
ceeded on,  shall  stand  valid  and  continvie  unto  the  said  Adjourn- 
ment, and  be  held  &  adjudged  to  be  as  good,  effectual  and  available 
in  Law  to  all  intents  and  purposes  whatsoever,  as  if  such  Courts  had 
been  held  on  the  day  by  Law  appointed  for  holding  the  same,  and 
no  Adjournment  thereof  had  been  made.     [Passed  November  13. 


164  Province  Laws  {Besolves, etc.).  — 1766-67.  [Chaps.  103,  104.] 


CHAPTEK    103. 

RESOLVE    IMPOWERING    MARY    HEDGE,    EXECUTRIX,    TO    SELL    REAL 
ESTATE    FOR  DISCHARGING   DEBTS   AND   LEGACIES. 

BeSriis  of  the       ^  PETITION  of  Mary  Hedge  of  Yarmouth  Executrix  of  the  last 
Council,  xxvi.,  Will  of  Abraham  Hedge  late  of  said  Yarmouth  deceased  Setting 

— forth     That  the  debts  and  Legacies  of  the  said  Abraham  amount 

nai"pp."'i6V2oi.  to  Nine  pounds,  six  shillings  &  six  pence  more  than  the  personal 
Estate,  and  praying  that  she  may  be  impowered  to  make  Sale  of 
so  much  of  his  Eeal  Estate  as  will  enable  her  to  discharge  the 
Debts  and  Legacies  aforesaid,  and  the  expences  attending  the  said 
business. 
Read  and 

Resolved  that  the  prayer  of  this  Petition  be  granted;  and  that  the 
Petitioner  be,  and  hereby  is  impowered  to  make  Sale  of  so  much 
of  the  Real  Estate  within  mentioned  where  it  can  best  be  spared  to 
the  amount  of  Twelve  pounds  for  the  purposes  mentioned  and  give 
and  execute  a  good  and  sutficient  Deed  or  deeds  therefor:  and  that 
she  give  sufficient  caution  to  the  Judge  of  Probate  for  the  County 
of  Barnstable  that  the  money  shall  be  applied  to  the  purpose  men- 
tioned in  the  Petition.'     \^Passed  November  13. 


CHAPTEK    104. 


RESOLVE  IMPOWERING  JEMIMA  CHAPMAN,  ADM'^,  TO  SELL  REAL  ESTATE 
AND    MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 

Legislative  A  PETITION  of  Jemima  Chapman  Widow,  Administratrix  of  the 

Councu.xxvi.,  Estate  of  her  late   Husband   Jonathan   Chapman  of   Charlestown 

^ deceased.  Setting  forth     That  the  said  deceaseds  Estate  is  repre- 

nai"pp''«5%6   sented   Insolvent,   and   that  by  the  report  of   Commissioners  ap- 
Prdvince  '       pointed  to  receive  the  Creditors  Claims,  it  appears  that  the  Debts 
chap. 10.''     '     amount  to  £53.12.10  more  than  the  whole  apprized  value  of  his 
Estate,  both  Real  and  personal.  And  praying  that  she  may  be  im- 
powered to  sell  the  said  deceaseds  Real  Estate  in  order  to  pay  off 
the  Creditors  so  far  as  it  will  answer  the  purpose. 
[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  in  her  said  capacity  of  Administratrix  be,  and  she  hereby 
is  impowered  to  make  Sale  of  the  whole  of  the  Eeal  Estate  of  her  late 
Husband  Jonathan  Chapman  deceased  for  the  most  the  same  will 
fetch,  and  to  make  and  execute  a  good  deed  or  deeds  in  Law  to  the 
purchaser  or  purchasers  of  the  same.  She  observing  the  directions 
of  the  Law  respecting  the  Sale  of  Intestate  Estates,  and  giving 
security  to  the  Judge  of  Probate  for  the  County  of  Middlesex,  that 
the  proceeds  of  said  Sale  shall  be  applied  to  the  use  of  the  said 
Jonathan's  Creditors.      [Passed  December  4. 

'  Adjourned  to  December  3.    See  Legislative  Records  of  the  Council,  xxvi.,  333. 


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  — 1766-67.  165 


CHAPTER    105. 

RESOLVE  IMPOWERING  ZERUBABEL  BALL  TO   SELL   REAL  ESTATE   AND 
MAKING  PROVISION   IN   REGARD   TO   THE  PROCEEDS. 

A  Petition  of  Samuel  Pickarcl  of  Brookfield  &  Hannah  his  Wife  Legislative 
late  Widow  of  Thomas  Ball  late  of  Brookfield  dec^  Zerubbable  Ball  coSScfi' x x v^l , 

eldest  Son,  &  Hannah  Ball  only  daughter  of  said  Thomas;  and  of  ^ 

James  Ormes  of  Spencer  Guardian  to  Thomas,  Abraham,  Benjamin,  House  Jour- 
&  Silas  Ball  Setting  forth  That  the  said  Thomas  Ball  died  seized  °'''^'''  ' 
of  a  small  Farm  in  Brookfield  containing  about  seventy  six  Acres, 
fifteen  Acres  of  which  have  been  set  off  to  the  Widow  as  her  thirds, 
and  the  remainder  Settled  on  the  eldest  Son  by  the  Judge  of  Pro- 
bate for  the  County  of  Worcester  he  paying  to  the  other  Children 
for  their  respective  Interests  therein;  but  the  said  eldest  Son  being 
unable  to  pay  out  such  Sums,  and  the  Widows  thirds  lying  in  with 
the  rest  in  such  manner  as  it  cannot  well  be  sold  alone  Praying 
that  the  said  Zerubbable  Ball  the  eldest  Son  may  be  impowered  to 
sell  the  whole,  he  accounting  therefor  according  to  Law. 

Read  and 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that 
Zerubbable  Ball  one  of  the  Petitioners  be,  and  he  hereby  accord- 
ingly is  impowered  to  make  Sale  of  the  Dower  or  thirds  mentioned 
in  this  Petition  with  his  own  part  or  Interest  in  said  Estate:  Saving 
that  the  Widow  shall  have  the  use  and  improvement  of  one  third 
part  of  the  proceeds  of  the  whole  of  said  Estate  during  her  natural 
life,  and  that  the  said  Zerubbable  shall  give  proper  Security  to  the 
Judge  of  Probate  for  the  County  of  Worcester,  that  the  Heirs  at 
Law  of  the  said  Thomas  shall  receive  such  parts  &  parcels  of  the 
said  third  part  of  the  proceeds  of  said  Sale  as  shall  accrue  to  them 
by  Law  after  the  Widows  decease.     [Passed  December  5. 


CHAPTER    106, 


RESOLVE  IMPOWERING  ELIZ*   TAFT,  ADM^,  TO  SELL  REAL  ESTATE  AND 
MAKING   PROVISION   IN  REGARD    TO   THE    PROCEEDS, 

A  Petition  of  Elizabeth  Taft  Widow  and  Admin^  of  the  Estate  Legislative 
of  her  late  Husband  Gideon   Taft  of  Uxbridge  deceased  Setting  ^ungff "ll'i^ 
forth     That  the  said  deceaseds  personal  Estate  is  not  sufficient  to  337.      '  '    '' 
pay  his  just  debts;  and  that  he  died  seized  of  about  seven  Acres  of  House  Jour. 
Land  in  said  Uxbridge  lying  at  some  distance  from  the  Homestead.  Province"' '''" 
And  praying  that  she  may  be  impowered  to  make  Sale  of  the  said  Laws,  u.,  151, 
seven  Acres  in  order  to  discharge  the  said  Debts  she  to  be  accountable.  '^^^'^' '"' 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  Elizabeth  Taft  in  her  capacity  be,  and  she  hereby  is  im- 
powered to  make  sale  of  the  seven  Acres  of  Land  mentioned  in  this 
Petition  for  the  most  the  same  will  fetch,  and  to  make  and  execute 
a  good  deed  in  Law  to  the  purchaser  of  tlie  same:  Slie  observing  the 
Rules  and  directions  in  the  Law  for  the  Sale  of  Real  Estates  by 
Executors  and  Administrators,  and  to  give  proper  caution  to  the 


166  Province  Laws  (iJesofoes,  e<c.). — 1766-67.   [Chaps.  107-109.] 

Judge  of  Probate  for  the  County  of  Worcester  that  the  moneys 
arising  by  such  Sale  to  be  applied  to  the  purposes  mentioned  in 
this  Petition.     [Passed  December  8. 


CHAPTEK    107. 

ORDER  GRANTING  TO  JN"  BARNARD  LICENCE  TO  SELL  STRONG  DRINK. 

E^lOTds'of  the       ^  PETITION  of  John   Bernard  of   Salem   Shopkeeper     Setting 

Council, xxvi.,  forth.  That  he  lately  lived  and  carried  on  the  business  of  a  Shop- 

Archives^exx.   keejier  in  Danvers,  and  in  July  last  obtained  a  License  for  Retailing 

6"s-  Spirituous  Liquors  there,  and  since  his  removal  to  Salem  hath  ob- 

Mass.  tained  the  recommendation  of  the  Selectmen  of  that  Town  to  be 

604.  House    "'  a  Eetailer  in  said  jDlace.   And  praying  that  the  Court  "of  General 

Journ.-ii,  p.  215.  gessions  of  tlie  peace  for  the  County  of  Essex  may  be  impowered  to 

grant  him  a  License  at  their  next  term  to  carry  on  the  business  of  a 

Eetailer  in  the  Town  of  Salem. 

[Read  and] 

Ordered,  That  the  Justices  of  General  Sessions  of  the  Peace  for 
the  County  of  Essex  be  impowered  (if  they  see  Cause)  to  grant  the 
Petitioner  a  Licence  at  their  next  Sessions  the  Time  for  granting 
Licences  being  elajised  notwithstanding,  he  producing  to  the  Court 
of  Sessions  the  approbation  of  the  Select-men  of  y''  Town  of  Salem 
for  that  purpose.      [Passed  December  8. 


CHAPTEE    108. 

ORDER  GRANTING  TO  THOMAS  BRITT  LICENCE  TO  SELL  STRONG  DRINK. 

Legislative ^^^  A  PETITION  of  Thomas  Britt  of  Boston  Setting  forth  That  by 
Council,  xxvi.,  reason  of  long  Illness  of  the  Palsey  with  which  he  was  seized  in  the 
year  1757  he  is  rendered  in  a  great  measvire  incapable  of  providing 


nal,pp.217, 218. 

years  of  age.  That  he  lives  in  an  House  conveniently  situated  for 
selling  Spirituous  Liquors:  And  praying  that  the  Court  of  General 
Sessions  of  the  peace  for  the  County  of  Suffolk  may  be  impowered 
to  grant  him  a  Licence  for  selling  Spirituous  Liquors  accordingly. 

[Read  and] 

Ordered  that  the  Justices  of  the  General  Sessions  of  the  peace 
for  the  County  of  Suffolk  be  impowered,  if  they  see  cause,  to  grant 
the  Petitioner  a  License  at  their  next  Session,  the  time  for  granting 
Licenses  being  elafised  notwithstanding.     [Passed  December  9. 


CHAPTEK    109. 

RESOLVE  DIRECTING  THE   CLERK   OF   THE    INFERIOR    COURT    OF  COM- 
MON PLEAS  TO   DELIVER  TO   JAMES  LOVET  A  NOTE  OF   HAND. 

Legislative  A.  PETITION  of  James  Lovet  of  Mendon     Setting  forth  That  at 

Council,  xxvi.,  the  Inferior  Court  of  Commons  pleas  for  the  County  of  Worcester 
^ in  August  1756  he  recovered  Judgment  on  a  Note  of  hand  against 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  167 

David  Pond  then  of  said  Mendon  for  the  Sum  of  Eighteen  pounds  ^°^^^ ''^^'^■^ 
and  Costs,  and  on  the  21"'  of  September  following  George  Bruce  a  21*.' ''^"  ' 

Deputy  Sheriff  levied  an  Execution  taken  out  on  the  Judgment 
aforesaid,  upon  twelve  Acres  of  Land  in  s"*  Mendon  supposed  to  be 
the  said  David's,  whereupon  the  Execution  was  returned  satisfied; 
but  that  it  since  appears  that  the  said  Land  had  been  before  taken 
by  Execution  on  a  Judgment  obtained  against  the  said  David  by 
one  David  DaTiiels.  That  the  said  David  Pond  is  now  absconded, 
but  hath  left  Effects  in  the  hands  of  divers  persons,  but  the  Peti- 
tioner is  deprived  of  the  benefit  of  bringing  his  Action  against  them 
by  reason  of  the  former  Judgment,  and  of  his  Notes  being  lodged 
in  the  Clerk's  Office.  And  praying  Relief. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted ;  and  that  the 
Clerk  of  the  Inferior  Court  of  Common  pleas  for  the  County  of 
Worcester  be  directed  to  deliver  to  the  Petitioner  the  Note  men- 
tioned in  said  Petition  in  order  to  commence  a  new  action  thereon. 
And  that  the  Judgment  recovered  thereon  as  set  forth  in  said  Peti- 
tion be  no  bar  to  any  new  Action  to  be  brought  by  virtue  of  said 
Note.     \^Passed  December  9. 


CHAPTEK    110. 

ORDER  ALLOWING   £20  TO  DANIEL  FOWLE. 


A  Petition  of  Daniel  Fowle  late  of  Boston  Printer,  now  of  Ports-  Legislative 
mouth  in  New  Hampshire     Setting  forth.  That  on  the  29"'  day  of  ^IZH  "i'vl^, 
October  1754  He  was  sent  before  the  House  of  Representatives  then  mo.  Mass. 
sitting  on  suspicion  of  Printing  a  Pamphlet  called  the  Monster  of  iviu.,  559.' 
Monsters,  and  was  thereupon  committed  to  the  common  Goal  in  jiass. 
Boston  where  he  remained  in  close  confinement  two  days  and  Nights,  ^^fj'^'gfe; 
and  was  three  days  in  custody  in  the  Prison  Keepers  House,  to  his  House  Jour- 
great  loss  and  damage.  Whereupon  he  brought  his  Action  against  province  ' 
Thomas  Hubbard  Esq'  the  then  Speaker  and  others,  which   was  ^7"^^apT87. 
barred  on  supposition  that  the  House  had  an  inherent  Right  to  com- 
mit him  in  manner  aforesaid  by  their  General  Warrant,  &  Cost  was 
recovered  against  him.  That  upon  his  Petition  in  June  1764  the 
General  Court  passed  an  Order  for  remitting  the  Cost  thus  recovered 
against  him,  and  most  of  the  persons  now  living  who  were  active  in 
that  affair  have  long  since  been  convinced  of  his  Innocency.  And 
praying  that  his  Sufferings  &  the  manner  of  his  commitment  with 
all  the  aggravated  circumstances  attending  it,  may  become  the  sub- 
ject of  the  Serious  consideration  of  this  Court,  a  Cause  of  a  similer 
nature  having  lately  been  the  object  of  attention  of  the  most  August 
Court  of  the  British  Nation,  and  after  a  learned  and  full  debate 
wisely  been  determined  in  favour  of  the  Complainant:  And  that  he 
may  be  further  relieved. 

Read  & 

Orderd  that  there  be  granted  to  the  Pef  the  Sum  of  Twenty 
pounds  out  of  the  Publick  Treasury  on  Account  of  y'  Suiferings 
mentioned  in  this  Petition.     \^Passed  December  9. 


168 


Province  Laws  {Resolves,  etc.).  — 1766-67.     [Chap.  111.] 


CHAPTEK    111 


Legislative 
Records  of  the 
Council,  xxvl., 
341. 

House  Jour- 
nal, pp.  14,  218. 


RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE   TREASURER  OF  CUMBER- 
LAND  COUNTY. 

An  Account  of  James  Milk  Treasurer  of  the  County  of  Cumber- 
land having  been  presented  to  this  Court  for  allowance  the  follow- 
ing Order  passed  thereon  viz' 

Resolved  that  the  within  Account,  being  right  cast  and  well 
vouched  be  allowed,  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  One  hundred  fifty  seven  pounds,  nineteen  shillings  and  ten 
pence  half  penny,  which  he  has  paid  by  order  of  the  Court  of  Gen- 
eral Sessions,  and  that  he  be  further  accountable  for  a  balance  of 
Seventeen  pounds  one  shilling,  one  penny  half  penny  due  to  the 
County.     [^Passed  December  9. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.). — 1766-67.  169 


RESOLVES,  ORDERS,  VOTES,  ETC. 

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

1767-  

CHAPTER    112. 

ORDER  IMPOWERING  JOSIAH  EDSON,  ESQ",  TO  SELL  A  PART  OF  A 
LOT  OF  LAND  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  the  Selectmen  of  Bridgwater.  Praying  for  leave  to  Legislative 
sell  the  third  part  of  a  twenty  Acre  Lot  late  belonging  to  Deborah  couneif  xxvi* 
Brand  deceased  in  order  to  defrey  the  charges  of  her  support.  347. 

[Read  and]  Mass. 

Ordered  that  this  Petition  be  revived,  and  that  Josiah  Edson  Esq''  xxxiiulas. 
of  Bridgwater  be,  and  hereby  is  impowered  and  directed  to  make  fe"^'^',?''^? ,1 
Sale  of  the  third  part  of  the  Lot  of  Land  within  mentioned,  which  council, xxvi., 
belonged  to  Deborah  Brand  deceased,  and  to  make  a  good  Deed  jo^^n^?"^" 
thereof  the  produce  of  said  Sale  after  the  said  Deborah's  proportion  pp-^^J;-^,^' 
of  the  Debts  and  charges  in  said  Petition  mentioned  are  paid,  to  be  p'  171,  chap, 
applied  towards  payment  of  the  charges  that  have  arisen  for  the  sup-  ^^^' 
port  of  the  said  Deborah  by  the  Town  of  Bridgwater  and  the  Town 
of  Needham:  And  that  the  said  Josiah  Edson  render  an  Account 
of  his  doings  herein  to  this  Court.      \^Passed  January  SO. 


CHAPTER    113. 

RESOLVE    CONFIRMING    A    PLAN    OF    A    TOWNSHIP    GRANTED    TO    CAP^ 
WM.    RAYMOND   AND   OTHERS. 

This  Plan  of  a  Township  of  Land  of  the  Contents  of  Six  Miles  Legislative 
and  three  Quarters  of  a  Mile  Square,  granted  to  Captain  William  rSuncif  xxvl" 
Raymond  and  others  who  served  in  the  Expedition  against  Canada  34f(.   Mass', 
in  1690,  their  legal  Representatives  or  assigns,  and  by  them  laid  out  ^x'viii^'?it. 
in  the  County  of  Cumberland  adjoining  to  great  Sebago  Pond,  and  House  Jour, 
adjoining  to  New-Boston,  bounded  as  follows.  Viz'  Beginning  at  °i'i'  p-  }2^,, 
the  Northwesterly  Corner  Bounds  of  the  Township  of  Windham,  pp.  .m',  88,225, 
and  extending  by  the  Needle  due  Northeast  seven  and  an  half  miles,  p^^4|,"ci)ap!'94'. 
on  the  Head  Line  of  said  Windham,  and  New  Boston;  thence  ex- 
tending on  a  due  Northwest  Course  seven  and  an  half  Miles ;  thence 
from  the  first  mentioned  Bounds  extending  up  the  Northeast  Side 
of  the  Great  Pond  of  Sebago  as  the  Pond  doth  run,  till  a  Northeast 
Line  shall  terminate  at  Head  of  Seven  Miles  and  an  half  on  the 
North  east  Side  Line,  was  presented  for  Acceptance: 

Accordingly, 


170 


Province  LiAws  {Hesolves,  etc.) .  —  176G-67.  [Chaps.  114,  115.] 


Resolved,  That  it  be,  and  hereby  is  accepted,  and  the  Land  therein 
contained  be  confirmed  iinto  them,  their  Heirs  and  Assigns  for  ever, 
they  complying  with  the  Conditions  of  the  original  Grant ;  Saving 
only  that  tliey  settle  seventy  five  Families  in  stead  of  Thirty  Families. 

Provided  the  same  doth  not  exceed  the  Quantity  of  seven  and  an 
half  Miles  Square,  with  a  Neck  of  Land  and  Island  adjacent,  delin- 
eated on  said  Plan,  including  Allowance  for  Ponds  therein  contained, 
nor  interfere  with  any  former  Grant.      [Passed  January  30. 


CHAPTER    114. 

RESOLVE   IMPOWERING   REV  JONAS  CLARK,  GUARDIAN,  TO  JOIN  WITH 
OTHER   HEIRS   IN   A   SALE   OF   REAL   ESTATE. 


Legislative 
Records  of  the 
Council,  xxvi., 
34S.    Mass. 
Archives, 
xiv.,  476. 

Mass. 
Archives, 
xiv.,  475. 
House  Jour- 
nal, pp.  2-J9, -230. 


A  Petition  of  Jonas  Clark  of  Lexington,  Clerk,  Guardian  of 
Lydia  Bowes  and  Mary  Bowes  daughters  of  the  Rev'*  M'  Nicholas 
Bowes  late  of  Bedford  deceased,  and  Minors  Setting  forth.  That 
the  said  deceased  appointed  Thomas  Hancock  late  of  Boston  Esq"^ 
sole  Executor  of  his  last  Will  and  Testament,  and  therein  gave  him 
full  power  to  make  sale  of  his  Real  Estate,  and  that  the  said  Exec- 
utor put  the  same  upon  Sale  accordingly ;  but  was  prevented  pro- 
ceeding therein  by  Death;  and  that  those  of  the  Heirs  who  are  of 
age  have  all  agreed  to  accept  of  an  offer  now  made  them  for  said 
Estate;  that  the  said  Lydia  &  Mary  are  the  only  Heirs  who  are 
Minors.  And  praying  that  he  may  be  enabled  to  join  with  the  other 
Heirs  in  the  said  Sale. 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
Petitioner,  the  Rev'*  M'  Jonas  Clarke  Guardian  to  the  said  Lydia 
Bowes  and  Mary  Bowes  be  and  hereby  is  inipowered  to  joyn  with 
the  other  Heirs  in  making  Sale  of  the  real  Estate  mention'd  in  said 
Petition  and  in  executing  a  good  Deed  or  Deeds  in  Law  for  convey- 
ing the  same.      [Passed  Jamtary  31. 


CHAPTER    115. 

RESOLVE    IMPOWERING    DEB"   &    NATH^-    AMES,    ADMbs,    TO    SELL    REAL 
ESTATE   AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Kecords  ol  the 
Council,  xxvi., 
349. 

House  Joxir- 
nal,pp.225,231. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Deborah  Ames  and  Nathaniel  Ames  Administra- 
tors of  the  Estate  of  Nathaniel  Ames  late  of  Dedham  deceased  Set- 
ting forth  That  the  deceaseds  debts  together  with  the  allowance  made 
to  the  "Widow  and  the  charges  of  Administration  exceed  the  wliole 
personal  Estate  the  Sum  of  Five  hundred  and  seventy  nine  pounds, 
four  shillings  and  8''%  lawful  money.  And  praying  for  leave  to  make 
Sale  of  so  much  of  the  deceaseds  Real  Estate  as  will  enable  them  to 
discharge  the  said  debts. 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted,  and  that  the 
Petitioners  in  their  capacity  of  Administrators  be,  and  hereby  are 
impowered  to  make  Sale  of  so  much  of  the  Real  Estate  of  Nathaniel 
Ames  deceased  where  it  can  best  be  spared  and  will  be  least  preju- 


[3d  Sess.]     Province  Laws  (i?esofees,  ete.).  —  17(5(;-i37.  171 

dieial  to  the  Heirs  as  will  amount  to  the  Sum  of  Five  hundred  and 
seventy  nine  pounds  four  shillings  and  eiglit  pence  half  penny  law- 
ful money  and  to  make  and  execute  a  good  deed  or  deeds  in  the 
Law  for  the  same,  they  observing  the  direction  of  the  Law  for  the 
Sale  of  Real  Estates  by  Executors  &  administrators  the  aforesaid 
Sum  to  be  applied  for  the  payment  of  the  just  debts  due  from  the 
said  Nathaniel's  Estate.      [Passed  January  SI. 


CHAPTEE    116. 

ORDER  IMPOWERING  BETHIAH  BRAND  AND  OTHERS,  INDIANS,  TO  SELL 
A  PART  OF  A  LOT  OF  LAND  AND  MAKING  PROVISION  IN  REGARD 
TO   THE   PROCEEDS. 

A  Petition  of  Bethiah  Brand  and  others  Indians  Praying  for  Legislative 
leave  to  sell  two  third  parts  of  a  twenty  Acre  Lot  of  Land  in  Bridg-  councif  xxv^^ 
water  heretofore,  the  Estate  of  Caleb  Brand  deceased,  354. 

[Read  and]  Legislative 

Orf^erefZ  that  this  Petition  be  revived,  &  that  the  Petitioners  have  counci?,  xxvi!! 
liberty  to  make  Sale  of  their  two  third  parts  of  tlie  twenty  Acres  of  jo^um^f"^'' 
Land  within  mentioned;  and  that  Cap'  John  Jones  of  Dedham  assist  pp.  i7:t,  Im, 
in  the  Sale  and  see  that  Justice  be  done,  and  that  the  produce  of  Sel'p.^K), 
said  Sale  after  the  charges  attending  the  same  are  deducted,  be  '^^'^^-  ^^•■ 
applied  towards  payment  of  two  third  parts  of  the  Amount  of  the 
debts  of  Caleb  Brand  the  Intestate  within  mentioned;  and  the  re- 
mainder to  be  distributed  among  the  Petitioners  according  to  their 
respective  Interest  therein:  they  to  be  accountable  to  the  Judge  of 
Probate  for  the  County  of  Plymouth  for  their  doings  in  the  premises. 
[Passed  February  2. 


CHAPTER    117. 

RESOLVE  ALLOWING   £8  TO  EDM"  DIX. 


A  Petition  of  Edmund  Dix  of  Philadelphia  Mariner  Setting  Legislative 
forth     That  he  was  taken  during  the  late  War  in  the  Ship  Prince  g^f.^.c'lf  "xv*!^ 
of  Wales  Nathaniel  Dowse  Commander,  when  in  pay  of  this  Prov-  357.   Mass. 
ince,  and  carried  Prisoner  to  France,  where  he  was  confined  a  Year  ^v'l!',"?!.' 
&  half  in  Goal,  and  after  that  was  impressed  into  the  Kings  Service,  ^;f^;^^^ 
and  about  two  years  since  returned  to  Philadelphia.  And  praying  an  j^'"'^,'"-?!' 

allowance.  House  Jour- 

[Read  and]  nai, pp. 239,241. 

Resolved  that  the  Sum  of  Eight  Pounds  be  allowed  and  Paid  out 
of  the  Publick  Treasury  to  Capt  Jonas  Dix  for  the  use  of  the  Peti- 
tioner in  full  Consideration  for  his  Sufferings  mentioned  in  the  Peti- 
tion.     [Passed  February  4. 


172 


Province  Laws  {Resolves,  etc.).  —  17G(5-<37.  [Chaps.  118,  119.] 


CHAPTER    118. 


RESOLVE  IMPOWERING  R"  FEABODY,  GUARDIAN,  TO  SELL  REAL  ESTATE 
AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxvi., 
359. 

House  Jour- 
nal, pp.  2-26, '240. 
Province 
Laws,  ii.,  151, 
cliap.  10. 


A  Petition  of  Eichard  Peabody  of  Boxford  Guardian  of  one 
Nathan  Buruani  aged  about  seventy  Years  a  person  Non  Com- 
pos Setting  forth  That  the  said  Nathan  has  been  three  years 
under  Guardianship,  that  he  owns  a  small  Real  Estate,  but  that  it 
is  about  £300  Old  Tenor  in  debt,  and  the  Buildings  gone  much  to 
decay;  that  he  hath  one  Child  that  is  wholly  upon  charge,  and  that 
the  Income  of  the  Estate  is  not  sufficient  for  their  sujjport.  There- 
fore praying  that  he  may  be  impowered  to  sell  the  same. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  in  his  capacity  as  Guardian  to  Nathan  Burnam  a  person 
Non  Compos,  be,  and  he  is  hereby  impowered  to  make  Sale  of  the 
whole  of  the  Real  Estate  of  the  said  Non  compos,  and  to  make  and 
execute  a  good  &  sufficient  Deed  or  Deeds  of  the  same  to  the  pur- 
chaser or  purchasers  their  Ileirs  and  Assigns  forever,  he  observing 
the  directions  of  the  Law  resijecting  the  Sale  of  Real  Estates  by  Ex- 
ecutors and  administrators;  and  that  the  proceeds  of  such  Sale  be 
aiDplied  so  far  as  is  necessary  for  the  discharge  of  the  just  debts  of 
the  said  Non  compos;  and  that  the  remainder  of  said  proceeds  shall 
be  put  to  Interest  and  applied  for  the  support  and  maintenance  of 
the  said  Noil  Compos  and  his  Child  mentioned  in  the  Petition ;  and 
that  after  the  decease  of  the  said  Non  compos,  the  residue,  if  any 
there  be,  shall  be  distributed  to  and  among  his  Heirs  agreable  to 
Law,  and  that  the  Petitioners  give  sufficient  security  to  the  Judge 
of  Probate  for  the  County  of  Essex  that  said  Money  shall  be  so 
applied.     [Passed  February  5. 


CHAPTER    119. 


ORDER  IMPOWERING  THE  SELECTMEN  OF  LANESBORO  TO  LEVY  A  TAX 
OF  TWO  PENCE  PER  ACRE  FOR  THREE  YEARS  ON  ALL  LANDS  OF 
DELINQUENT  PROPRIETORS   THEREOF. 


Legislative 
Records  of  the 
Council,  xxvi., 
165,  360. 


lative  Records 
of  the  Council, 
xxvi.,  355. 
House  -Jour- 
nal, pp.  234, 247, 
248.  Province 
Laws,  iv.,  815, 
chap.  14. 


A  Petition  of  the  Town  of  Lanesborough  Setting  forth  That 
this  Court  was  pleased  in  the  last  May  Session  to  incorjjorate  the 
said  Town,  and  at  the  same  time  enabled  the  proprietors  to  Tax 
themselves  as  such  for  the  building  a  Meeting  house  making  and 
repairing  Highways  &c  but  not  for  the  support  of  a  Minister  which 
they  esteem  a  great  hardship,  as  they  have  a  Minister  settled  among 
them,  and  are  unable  of  themselves  to  support  him.  And  praying  for 
a  Tax  on  the  Lands  of  the  delinquent  Settlers  for  that  purpose. 

Read  and 

Ordered  that  a  Tax  of  two  pence  ^  Acre  annually  for  three  years 
next  ensuing  from  the  first  of  March  next  be  laid  on  all  the  Lands 
of  the  delinquent  Proprietors  or  Settlers  in  Lanesborough  for  the 
support  of  the  Ministers  or  preaching,  and  for  no  other  purpose 
whatsoever,  the  public  Lots  only  excepted ;  and  tnat  the  Inhabitants 
of  said  Town  be  impowered  at  a  legal  Meeting  to  appoint  suitable 
persons  to  Assess  &  Collect  the  same.     \^Passed  Felruary  5. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  173 


CHAPTEK    120. 

RESOLVE  ALLOWING  THE   PROPRIETORS   OF  TOWNSHIP   N"  3   FURTHER 
TIME  FOR  OBTAINING  HIS  MAJESTY'S  APPROBATION   OF  SAID  GRANT. 

A  Petition  of  Nathan  Jones,  Francis  Shaw  and  Robert  Gould  Set-  Legislative 
ting  forth  That  they  have  advanced  upwards  of  Six  thousand  pounds  couu^ii,  xxvi., 
Sterling  to  bring  forward  the  Settlement  of  a  Township  granted  them  ^^1,1^*8°°' 
in  February  1763  and  have  now  about  forty  dwelling  Houses,  seven  cxviu.,  223. 
Mills  and  other  Buildings  thereon,  and  about  three  or  four  hundred  Mass. 
Inhabitants.  And  praying  that  they  may  have  a  further  time  allowed  oxvii"^2M. 
them  for  obtaining  his  Majesty's  Approbation  of  the  Grant.  Sii"pp''2°3'^279 

[Read  and]  (February,' 

Resolved  that  the  prayer  of  this  petition  be  granted,  &  that  the  24i,'246^''proV- 
petitioners  above  named,  for  the  reasons  mentioned  in  s''  petition  J"";;  ^,\'"°.i,.| , 
be  further  allowed  the  term  of  Eighteen  Months,  from  this  Day,  to  id'.i-,  iTBl'iia'p. 
Obtain  his  Majesty's  approbation  of  the  within  mentioned  Grant.  '"''^' 
\^Passed  February  5. 


CHAPTER    121. 

RESOLVE   DISMISSING   M"  AGENT   JACKSON. 


Whereas  Richard  Jackson  Esq'  by  Reason  of  his  prior  Engage-  Legislative 
ment  with  the  Colony  of  Connecticutt  cannot  Act  in  behalf  of  this  councif  xxvi*^ 
Province  in  all  the  Matters  depending  in  Great  Brittain,  wherein  the  364.  Mass. 
Province  is  Concerned:  And  whereas  the  general  Interests  of  the  xxu.VIol.' 
Colonies  cannot  be  so  effectually  served  by  uniting  the  Agency  of  Ma^^^ 
severall  of  them  in  the  same  person,  as  by  each  having  it's  separate  ■*-'T;'"'^^^>  „., 

Agent  Legislative  " 

Resolved,  That  Richard  Jackson  Esq'  be  &  hereby  is  Dismiss'd  couDcif.xxvU 
and  Removed  from  the  Agency  of  this  Province;  And  that  the  Sec-  ssb, sse Ms, 337. 
retary  be  Directed  to  write  to  him  accordingly.     [Passed  Febrtiary  6.  nai,  pp. 214,216, 


CHAPTER    122. 

RESOLVE   WITH   NOTICE   AND   STAY  OF   EXECUTION   ON    THE    PETITION 
OF   REUBEN  DELANO   FOR  A  NEW   HEARING   OF  AN  ACTION. 

A  Petition  of  Reuben  Delano  of  Dartmouth    Setting  forth  That  Legislative 
Josepii  Roach  and  C°  of  Nantucket  in  October  last  brought  an  Action  council!  xxvi^, 

against  liini  for  £102.15.3  to  which  Action  he  was  to  Answer  at  the  ?!!i 

Court  holden  at  Nantucket  in  October  last.  That  the  Petitioner  had  naT?)''2°36%3 
but  a  few  days  notice  of  the  Action  &  immediately  made  a  power  of 
Attorney  to  Abishai  Folger  Esq'  of  Nantucket  to  appear  &  Answer 
for  him,  and  delivered  it  to  one  M'  Hammond  who  was  bound  thither 
but  providentially  prevented  getting  there  before  tlie  Court  was  over, 
by  which  means  the  case  went  against  him.  And  praying  that  he  may 
be  admitted  to  a  new  Trial,  and  that  Execution  may  be  stayed  in  the 
mean  time. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted,  as  that 


174 


Province  IjAws  (Besolves,  etc.).  — 1766-67.  [Chaps.  123,  124.] 


the  said  Petitioner  notify  the  adverse  party  by  leaving  with  him  a 
Copy  of  this  Petition,  that  so  he  may  shew  cause  if  any  he  have  on 
the  first  Tuesday  of  the  next  May  Session  of  this  Court  why  the 
prayer  thereof  should  not  be  granted ;  and  that  Execution  be  stayed 
in  the  mean  time :  Provided  the  said  Petitioner  give  security  to  the 
Sheriff  of  the  County  of  Nantucket  to  pay  the  Sum  that  may  be 
found  finally  due  thereon.     [Passed  February  6. 


CHAPTEE    123. 


RESOLVE  ALLOWING   £11.  14  TO   RICH"  HOLLAND. 


Legislative 
Records  of  the 
Couucil.xxvi.p 
366.    Mass. 
Archives, 


Ix.^ 


,  624. 


Mass. 
Archives, 
Ixxx.,  6-23. 
House  Jour- 
nal, pp.  161, 251. 


A  Petition  of  Richard  Holland  of  Taunton  Setting  forth  That 
on  the  25"'  of  March  1760  he  inlisted  as  a  Soldier  in  the  pay  of  the 
Province  under  Cap'  IngoU  but  was  turned  over  to  Cap'  Job  Wil- 
liams and  proceeding  so  far  as  Worcester  he  was  there  drawn  out 
for  a  Carter  &  went  to  Albany  in  which  capacity  he  served  till  the 
8"'  of  October  following,  and  then  was  discharged  with  eight  others 
whose  discharges  were  all  wrote  on  one  paper,  of  which  he  is  not 
possessed,  and  this  together  with  his  having  been  a  long  time  out 
of  the  Province  have  prevented  his  receiving  any  recompence  here- 
tofore. And  praying  relief. 

Read  & 

Resolved  that  the  sum  of  Eleven  pounds  fourteen  Shillings  be 
allowed  &  paid  out  of  the  publick  Treasury  to  y"  Petitioner  Richard 
Holland  in  full  for  six  months  &  an  half  Service  mentioned  in  y' 
petition.     [Passed  February  6. 


CHAPTEE    124. 


Legislative 
Records  of  the 
Council,  xxvi., 


ORDER  IMPOWERING  JOSEPH  BLAKE   TO  SELL  REAL  ESTATE. 

A  Petition  of  Joseph  Blake  Setting  forth  That  he  together 
with  Isaac  Thomas  late  of  Hardwick  deceased  were  by  virtue  of  an 
Attachment  possessed  of  about  eight  Acres  of  Land  in  Eramingham 
as  Copartners  in  Trade  which  Land  they  had  agreed  to  dispose  of, 
but  were  prevented  by  the  death  of  the  said  Isaac.  And  praying  that 


House  Jour- 
nal, pp.  SO,  103, 
2.i5.    Ante,  ^  ^       ^       ^ 

p.  117,  chap.  6.  j_jg  ^j^g  ^^^^^  Joseph  Blake  may  be  impowered  to  make  Sale  of  the 
said  Land  in  order  to  discharge  some  debts  which  still  remain  due 
from  the  said  Company;  which  petition  was  passed  on  by  the  House 
on  the  19"'  of  June  last. 
Read  and 

Ordered  that  this  Petition  be  revived:  and  that  the  prayer  thereof 
be  so  far  granted  as  that  the  said  Joseph  Blake  the  Petitioner  be, 
and  hereby  is  impowered  to  make  Sale  of  the  Land  mentioned  in 
said  Petition,  and  make  and  execute  a  good  deed  or  deeds  in  Law 
for  conveying  the  same,  the  said  Isaac  Thomas  being  deceased  not- 
withstanding.    [Passed  February  6. 


[3d  Sess.]     Province  ILaws  (Besolves,  etc.).  —  1766-67.  175 


CHAPTER    125. 

RESOLVE  DISCONTINUING  THE  ESTABLISHMENT  FOR  SLOOP  MASSACHU-  Legislative 

SETTS   AND  DIRECTING   THE   FREIGHTING   OF   GOODS.  CoSncIf  xxl^^ 

SOS.    Mass. 

Resolved  that  the  Establishment  made  for  the  Sloop  Massachu-  f^^l^H^ll 
setts  in  November  1757,  to  be  Continued  till  the  further  order  of  Legislative — 
this  Court  Shall  hence  forth  cease  and  Determine,  and  tliat  the  Recordsof  tiie 
Commissary  General  be  Directed  to  Freight  Such  Goods  as  he  Shall  2>«'."°Hou8e"'' 
have  occasion ;  for  the  Service  of  this  Province  on  the  most  reason-  pp'^^f^,, 
able  terms.     [Passed  February  6.  Province ^ 


Laws,  xvi.,  71, 
chap.  159. 


CHAPTER    126. 

RESOLVE   ADJOURNING   COURTS   IN   HAMPSHIRE   COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe-  Legislative 
rior  Court  of  Common  pleas  for  the  County  of  Hampshire  accord-  councif.xxvu 

ing  to  the  time  by  Law  appointed  should  be  holden  at  Northampton  sm^ '_ 

in  said  County  on  the  second  Tuesday  of  February  current.  And  House  Jour- 
Whereas  sundry  of  the  Justices  of  the  said  Courts  and  others  con-  province  '     " 
cerned  in  the  business  thereof  are  Members  of  this  Court  which  is  cim^%o'''v'^67 
like  to  continue  sitting  beyond  the  time  aforesaid  by  Law  appointed  note.' 
for  holding  said  Courts. 

Therefore 

Jiesolved  Thut  the  said  Court  of  General  Sessions  of  the  peace  and 
Inferior  Court  of  Common  pleas  be,  and  hereby  are  Adjourned  unto 
the  last  Tuesday  of  March  next,  then  to  be  holden  at  said  North- 
ampton and  that  all  pleas,  processes.  Writs,  Actions,  Suits,  Com- 
plaints, precepts.  Recognizances  and  all  other  matters  and  things 
returnable  and  having  or  that  should  have  day  in  the  said  Courts, 
if  the  same  had  been  held  on  the  said  second  Tuesday  of  February 
shall  be  returnable  and  have  day  in  the  said  Courts  on  the  said  last 
Tuesday  of  March,  and  shall  abide  &  continue  unto  that  time  and 
shall  then  be  joroceeded  on,  heard,  tried  &  determined  to  all  intents 
and  purposes,  as  effectually  as  if  the  said  Courts  had  been  held  on 
the  said  second  Tuesday  of  February.     [Passed  February  6. 


CHAPTER    127. 

RESOLVE   ADJOURNING   COURTS  IN   BRISTOL   COUNTY. 

Where.vs  the  Court  of  General  Sessions  of  the  peace  and  Infc-  Legislative 
or  Court  of  Common  pleas  for  the  County  of  Bristol  according  jj^[j°'','?f  S* ' 
to  the  time  by  Law  appointed  should  be  holden  at  Taunton  in  said  369^ 


County  on  the  third  Tuesday  of  February  Current.   And  whereas  House  Jour- 
sundry  of  the  Justices  of  the  said  Courts  and  others  concerned  in  2m.' ''pro"'ri'nce' 
the  business  thereof,  are  Members  of  this  Court  which  is  like  to  Laws,  v.,  e-, 

,,,  .  „  -TIT  -If*        note.    Ante^ 

continue  Sitting  beyond  the  time  aioresaid  by  Law  appointed  tor  p.  es, chap.  i3o. 
holding  said  Courts,  and  also  by  reason  of  the  severity  of  the  Season. 


176 


Province  Laws  (i?esoZues,ete.).  — 1766-67.  [Chaps.  12S,  12ii.] 


Therefore 

Resolved  That  the  said  Courts  of  General  Sessions  of  the  peace, 
and  Inferior  Court  of  Common  pleas,  be,  and  hereby  are  adjourned 
unto  the  first  Tuesday  of  May  next,  then  to  be  holden  at  said  Taun- 
ton ;  and  that  all  pleas,  processes.  Writs,  Actions,  Suits,  Complaints, 
precepts.  Recognizances,  and  all  other  matters  and  things  return- 
able and  having,  or  that  should  have  day  in  the  said  Courts,  if  the 
same  had  been  held  on  the  said  tliird  Tuesday  of  February  shall  be  ' 
returnable  and  have  day  in  the  said  Courts  on  the  said  first  Tues- 
day in  May  and  shall  abide  and  continue  unto  that  time,  and  shall 
then  be  proceeded  on,  heard,  tried  and  determined  to  all  intents 
and  purposes  as  effectually  as  if  the  said  Courts  had  been  held  on 
the  said  third  Tuesday  of  February.      [P'^-^^^d  February  6. 


CHAPTEE    128 


RESOLVE  GRANTING  TO  JACOB  CALMEHORN  LICENCE  TO  KEEP  AN  INN. 


Legislative 
Records  of  the 
Council,  xxvi., 
362.    Mass. 
Archives,  cxi., 
555. 

M.1SS. 

Archives,  cxi., 
551.    Hoi^Be 
JouTDa), 
pp.227,  245,246. 


A  Petition  of  Jacob  Calmehorn  living  at  a  place  called  the  Gore 
West  of  Pittsfield  in  the  County  of  Berkshire  Setting  forth  That  the 
same  is  a  place  of  great  resort,  and  that  there  is  no  public  House 
there.  And  praying  that  the  Court  of  General  Sessions  of  the  peace 
of  the  said  County  may  be  impowered  to  grant  him  a  Licence  for 
that  purpose. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  Granted  and  that  the 
Justices  of  the  General  sessions  of  the  peace  for  the  County  of  Berk- 
shire be  Impowered  (if  they  See  cause)  to  grant  the  Petitioner  a 
Licence  at  their  next  Session,  the  time  for  granting  Licences  being 
elapsed  notwithstanding  he  first  obtaining  the  Approbation  of  the 
Select  men  of  the  Town  of  Pitsfield.     [^Passed  February  7.' 


CHAPTEE    129. 


ORDER   ASSESSING   A   TAX    OF    TWO    PENCE    PER    ACRE    ON    LAND    IN 
OAKHAM. 


Legislative  ^  PETITION  of  the  Inhabitants  of  Oakam  praying  for  a  Tax  on 

Becords  or  the  ,  .  -,  _^  .  i     •  j.  t  /-. 

Council, xxvi.,  the  Lauds  of  the  JSJonresident  Proprietors  being  referred  to  a  Com- 

^— mittee  of  both  Houses  on  the  S""  Instant,  the  said  Committee  re- 

Records'of  the  ported,  and  the  following  Order  passed  thereon  viz' 
Council,  xxvi..       Ordered  that  there  be  a  Tax  of  two  pence  ^  Acre  for  one  year 
Journal,  next  ensuing  laid  upon  each  Standard  Acre  of  Land  within  the 

2Mi'.^^*'"^''"^^'  District  of  Oakham  to  enable  the  Inhabitants  to  settle  a  Gospel  Min- 
ister in  said  place,  and  for  no  other  purpose  whatsoever.  It  appearing 
to  this  Court  that  the  Inhabitants  have  agreed  with  the  Proprie- 
tors never  to  apply  to  the  proprietors  for  any  more  Land  Taxes. 
And  the  Inliabitants  of  said  District  are  hereby  impowered  at  a 
legal  District  Meeting  to  appoint  suitable  persons  to  Assess  and 
collect  the  same.      \^Passed  February  7. 

^  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  5. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  177 


CHAPTEK    130. 

RESOLVE  IMPOWERING  THE  ASSESSORS  OF  THE  DISTRICT  OF  OAKHAM 
TO  COMPLETE  THE  COLLECTION  OF  TAXES,  AND  RESOLVE  RECTIFY- 
ING AND   CONFIRMING  PROCEEDINGS   ON   WARRANTS. 

A  Petition  of  the  Freeholders  and  Inhabitants  of  Oakham    Set-  Legislative 
ting  forth  That  in  November  1761  the  Great  and  General  Court  coundf.xxvL, 

granted  a  Tax  of  2''  ^  Acre  for  three  years  then  next  ensuing,  one  ?ZiL 

penny  a  year  for  two  years  next  following  upon  each  Acre  of  the  House  Jour. 
Lands  of  the  Nonresident  proprietors  in  the  West  Precinct  of  Rut-  ProViiice ' 
land  since  Incorporated  into  a  District  by  the  name  of  Oakliam.  Jtli^pf'iee."'' *"• 
That  they  being  then  in  their  Infancy  and  unaquainted  with  public 
business  omitted  posting  Copies  of  their  Assessments,  by  reason 
whereof  the  said  Taxes  are  not  yet  fully  collected  and  inasmuch  as 
the  present  Assessors  can  take  no  legal  measures  for  drawing  in  the 
Taxes  granted  as  aforesaid.  Praying  relief. 

Read  and  considered  and  therefore 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted  that 
the  present  assessors  of  said  District  of  Oakham  be  and  hereby  are 
authorized  and  impowered  to  compleat  the  Collections  of  said  Taxes 
according  to  the  true  intent  thereof,  and  that  they  notify  for  Sale 
so  much  and  no  more  of  each  delinquent  proprietors  Land  as  they 
upon  their  Oaths  shall  judge  necessary  for  the  compleating  the  pay- 
ment of  the  said  five  years  Taxes,  and  the  charges  arising  thereon, 
by  posting  all  such  Assessments  within  said  District  of  Oakham,  as 
also  in  the  shire  Town  of  the  County  of  "Worcester  and  advertising 
the  same  in  one  or  more  of  the  Boston  News  papers  three  months 
before  said  Sale,  to  sell  the  same  to  the  highest  bidder,  and  make 
and  execute  a  good  Deed  or  deeds  of  the  same,  and  if  it  happen 
that  such  Lands  which  they  shall  so  expose  to  Sale,  sell  for  more 
than  may  be  sufficient  to  pay  the  Assessment  &  charges  thereof,  the 
Overplus  shall  be  returned  to  the  Owner. 

And  Whereas  it  appears  that  the  Warrants  &  Records  of  some  of 
their  District  Meetings  are  insufficient  in  the  following  particulars 
viz'  In  some  instances  no  Records  made  of  the  Selectmens  having 
taken  the  Oath  respecting  the  Bills  of  the  neighbouring  Govern- 
ments, in  others  their  Warrants  not  directed  to  the  Constables,  but 
posted  up  by  the  Selectmen,  and  some  that  were  directed  to  the 
Constables  no  Records  of  the  Constables  warning  thereon,  in  others 
the  Votes  that  passed  at  the  Meeting  not  signed  by  the  Moderator. 

Resolved  that  notwithstanding  the  deficiencies  aforesaid,  or  any 
of  the  like  kind,  except  in  actions  that  are  already  commenced  in 
the  Law  relative  thereto,  if  any  such  there  be,  that  the  Warrants 
of  such  District  Meetings,  and  the  jjroceedings  thereon,  shall  all  be 
and  hereby  are  ratified  and  confirmed,  &  made  valid  in  Law  to  all 
intents  and  purposes  whatsoever.     {^Passed  February  7. 


178 


Province  liA-ws  {Resolves,  etc.).  — 1766-67.  [Chaps.  131-133.] 


CHAPTEE    131 


RESOLVE  ALLOWING    £60    AND    A 
ROBT 


FURTHER    ALLOWANCE    OF    £16    TO 
BALLS. 


ReTOrds'onhe       ^  PETITION  of  Robert  Balls  Keeper  ol  the  Lighthouse  in  Boston 
Council, xxvi.,  Harbour  Praying  an  allowance  for  his  last  years  Service  ending  the 

^ in""  day  of  November  being  his  33''  Year;  and  for  a  reimbursment 

mu^ppS/ifio.  of  the  Sum  of  Sixteen  pounds  he  had  advanced  for  thirty  Cords  of 
Province  '       Fipg  Wood  for  the  benefit  of  the  Light. 

Laws,  XI.,  764,  ,  ° 

chap.  143.  [Head  andj 

Resolved  that  the  Sum  of  Sixty  pounds  be  allowed  and  paid  out 
of  the  public  Treasury  to  the  Petitioner  for  his  Service  for  one  year 
ending  the  19""  of  November  last:  Also  the  Sum  of  Sixteen  pounds 
for  thirty  Cords  of  Wood.     [Passed  February  10. 


CHAPTER    132. 

RESOLVE   IMPOWERING  LYDIA  GREENLEAF,  GUARDIAN,  TO  SELL  REAL 
ESTATE  AND  MAKING  PROVISION   IN   REGARD   TO  THE  PROCEEDS. 

Eecordfotthe      ^  PETITION  of  Lydia  Greeiileaf  Mother  &  Guardian  of  Stephen 
Council, xxvi.,  Greeiileaf  a  Minor  about  twelve  years  of  age  Setting  forth     That 

^^ the  said  Minor  is  Heir  to  one  seventh  part  of  his  Grandfather  M' 

i^'i°pp!2i",'^263.  Stephen  Greenleaf  deceased  his  Estate,  being  one  dwelling  House 

Province  i^  Bostoii,  and  that  the  other  Heirs  are  about  selling  their  shares 

chap.io.''     '    of  the  said  House,  And  praying  that  she  may  be  impowered  to  make 

Sale  of  the  said  Minors  seventh  part,  the  produce  whereof  improved 

at  Interest  she  apprehends  would  be  more  for  the  benefit  of  the 

Minor  than  to  retain  so  small  a  share  of  the  said  House. 

[Eead  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that 
Lydia  Greenleaf  Guardian  to  Stephen  Greenleaf  a  Minor  be,  and 
she  hereby  is  impowered  in  her  said  capacity  to  make  Sale  of  the 
seventh  part  of  the  House  mentioned  in  this  Petition  for  the  most 
the  same  will  fetch,  and  execute  a  good  deed  in  Law  of  the  same  to 
the  purchaser,  and  that  the  Money  arising  by  such  Sale  be  put  out 
at  interest  for  the  benefit  of  the  said  Minor,  she  observing  the  Rules 
and  directions  of  the  Law  for  the  Sale  of  Real  Estates  by  Executors 
and  Administrators.      [Passed  February  10. 


CHAPTER    133. 


RESOLVE  DIRECTING  THE   PROVINCE   TREASURER  TO   GIVE  BOND   FOR 
THE   FAITHFUL   DISCHARGE   OF   HIS   DUTIES. 


Legislative  In  the  House  of  Representatives. 

Kecorde  of  the  t^ti,  i  ,,,,  ,  ii./-^ 

Council,  xxvi.,       Resolvm  that  no  person  who  shall  be  chosen  by  this  Court  into 

~ the  Office  of  Treasurer  and  Receiver  General  for  this  Province  for 

mi°"pp.'275f276.  the  present  year  shall  be  esteemed  duly  qualified  to  enter  upon  the 
/n/m, chap,      execution  of  that  Office  until  he  shall  first  have  an  Oath  administred 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  179 

to  him  for  his  faithful  performance  of  his  said  Office,  and  shall  give 
Bond  with  sufficient  Sureties  to  the  acceptance  of  a  Committee  ap- 
pointed by  this  Court  for  that  purpose  in  the  Sum  of  Thirty  thou- 
sand pounds  lawful  money  to  the  three  eldest  Counsellors  in  the 
Province  for  the  time  being  who  are  hereby  appointed  a  Committee 
in  behalf  of  the  Province,  and  especially  authorized  for  this  pur- 
pose which  Bond  shall  be  conditioned  for  such  Treasurers  truly  and 
faithfully  discharging  the  duty  of  his  Office  according  to  Law,  and 
for  rendering  an  Account  when  and  so  often  as  he  shall  be  required 
by  the  General  Court  of  all  such  Sum  or  Sums  of  Money  as  he  shall 
from  time  to  time  receive  into  the  Treasury,  and  for  his  well  and 
truly  paying  to  his  Successor  in  said  Office,  or  to  any  other  person 
that  may  be  appointed  by  tlie  General  Court  to  receive  the  same, 
all  such  Sum  or  Sums  of  Money  as  upon  such  Settlement  of  his  said 
accounts,  or  otherwise  shall  be  found  due  and  payable  from  him  to 
this  Province;  provided  that  the  said  Bond  be  put  in  suit  within 
three  years  next  after  the  date  hereof,  otherwise  to  be  void  and  of 
no  Effect:  And  that  Col°  Murray  &  Col°  Brown  with  such  as  the 
Hon""'"  Board  shall  join  be  a  Committee  to  judge  of  the  sufficiency 
of  such  as  may  offer  to  become  Sureties  for  the  Treasurer  as  afore- 
said. 

In  Council,  Eead  and  Concurred,  and  Thomas  Hubbard  Esq'  is 
joined  in  the  affair.      \^Passed  February  12. 


CHAPTEE    134. 

VOTE   CHOOSING   HARRISON   GRAY   PROVINCE   TREASURER. 

Pursuant  to  the  Agreement  of  the  two  Houses  they  proceeded  Legislative 
to  the  choice  of  Civil  Officers  for  the  present  year,  and  first  of  a  councif,  xxvi'^, 

Treasurer  and  Eeceiver  General  for  tlie  Province ;  when  Harrison  ^^ 

Gray  Esq'  was  chosen  by  a  major  Vote  of  the  Council  and  House  of  ^^^^^^^^' 
Representatives.     \^Passed  February  12. 


CHAPTER    135. 

I 

VOTE   CHOOSING  THOMAS   HUBBARD   COMMISSARY  GENERAL. 

Pursuant  to  Agkeejient  of  the  two  Houses  they  proceeded  to  Legislative 
the  choice  of  Civil  Officers  for  the  present  year  when  Thomas  Hub-  oouncif  xxvi" 
bard  Esq'  was  chosen  the  Officer  for  purchasing  Provisions  &c  for  386. 
the  several  Forts  and  Garrisons  by  a  major  part  of  the  Votes  of  the  House  Jour- 
Council  &  House  of  Eepresentatives.     [^Passed  February  12.  na,p. 2,,. 


180 


Province  Laws  (liesolves,  etc.).  — 176(3-67.  [Chaps.  136-138.] 


CHAPTEK    136. 

VOTE  CHOOSING  JAMES  RUSSELL  COMMISSIONER  OF  IMPOST. 

Kecords'ofthe       PuRSUAXT  TO   AGREEMENT  the   two   Houses  proceeded  to  the 
Councu,  xxvi.,  choice  of  Civil  Officers  for  the  present  year,  when  James  Eiissell 

— '- Esq'  was  chosen  Commissioner  of  Impost  by  a  major  part  of  the 

nal^p!  277"'^       Votes  of  the  Council  &  House  of  Eepresentatives.     [Passed  Feb- 
ruary 12. 


Legislative 
Re<*ord6  of  the 
Council,  xxvi., 
386. 

House  Jour- 
nal, p.  277. 


CHAPTEK    137. 

VOTE    CHOOSING    THOMAS    GOLDTHWAIT    TRUCK    MASTER    AT    FORT 
FOWNAL. 

The  TWO  Houses  according  to  Agreement  proceeded  to  the 
choice  of  Civil  Officers  for  the  present  year,  when  Thomas  Gold- 
thwait  Esq'  was  chosen  Truck  master  for  Fort  Pownal  by  a  major 
Vote  of  the  Council  &  House  of  Representatives.  [Passed  Feb- 
ruary 12. 


CHAPTEK    138. 


Legislative 
Records  of  the 
Council,  xxvi., 

38C. 

House  Jour- 
nal, pp.  277, 278. 


VOTE   CHOOSING  NOTARIES  PUBLIC. 

The  two  Houses  according  to  Agreement  proceeded  to  the  Choice 
of  Civil  Officers  for  the  present  year  when  the  undermentioned  Per- 
sons were  chosen  public  Notaries  by  a  Major  Vote  of  the  Council 
and  House  of  Representatives. 

Suffolk. 

„      .,           ^  T,     .  f  Ezekiel  Goldthwait  Esq' 

For  the  port  Boston j  jj,  jj^^^^,  ^j,;^^  ■^^^^, 

f  Salem John  Nutting  Esq'' 

I  Ipswich M'  Samuel  Sa\vj'er 

Essex  i  Marblehead John  Chipman  Esq' 

I  Newbury AVilliam  Atkins  Esq' 

[  Glocester Daniel  Witham  Esq' 

Plymouth      Plymouth Edward  Winslow  Esq' 

T>         •  ui     (  Barnstable Solomon  Otis  Esq' 

B""^'"''''^  (  Falmouth Thomas  Smith  Esq' 

„  .  .   ,  f  Thomas  Gilbert  Esq' 

B"stol 1  Elisha  Tobey  Esq' 

Dukes  County  Edgartown John  Pease  jun' 

Nantucket Obed  Hussey  Esq' 

fYork Daniel  Moulton  Esq' 

York  \  Kittery Charles  Chauncey  Esq' 

(  Wells    .         .         .         .         .         .         .  John  Wheelwright  Esq' 

Cumberland  Falmouth Stephen  Longfellow  Esq' 

Lincoln M'  Thomas  Moulton 


[Passed  February  12. 


[3d  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1766-67.  181 


CHAPTEK    139. 

RESOLVE  ALLOWING  £800  TO  THE   JUSTICES. 

Resolvd  that  the  Sum  of  Eight  Hundred  Pounds  be  allowed  &  fe^^'^lf"™,^ 

ITT  11        IT*  J?  Kecoras  oi  the 

paid  out  01  the  publick  ireasury  to  the  Honorable  the  Justices  oi  council, xxvi., 
the  Superior  Court  of  Judicature  Court  of  Assize  &  General  Goal  Archives,^' 
Delivery,  And  to  the  Executor  of  the  Honorable  Chambers  Russell  ''"''•' ^^'^- 
Esq'  deceasd,  late  one  of  the  Justices  of  said  Court  for  their  Ser-  House  Jour- 
vices  for  one  year,  ending  the  first  Day  of  January  last.      {^Passed  °*'1'p--  **'     • 
Fehruary  13. 


CHAPTEE    140. 

RESOLVE   ALLOWING   £40   TO   THE   CHIEF   JUSTICE. 

Resolvd  that  the  Sum  of  Forty  Pounds  be  allowd  &  paid  out  of  ^^ordB  of  the 
the  publick  Treasury  to  the  Honorable  Thomas  Hutchinson  Esq'  council,  xxvi., 
in  Consideration  of  his  faithfull  Discharge  of  the  important  Trust  Archi^^es?' 
reposd  in  him  as  Cheif  Justice  &  for  his  further  Encouragement  ^''•^•-  'J'-"- 
therein.     \ Passed  Febmary  13.  House  Jour- 

L  •^  nal,  p.  271. 


CHAPTEE    141. 

RESOLVE   ALLOWING  4/  PER  DIEM   TO   THE   SPEAKER  OF    THE    HOUSE. 

In  the  House  of  Repres^''"'  Legislative 

Resolved,  That  there  be  granted,  and  allowed  to  be  paid  out  of  Councif,  xxvif, 
the  publick  Treasury,  the  Sum  of  four  shillings  per  Diem,  to  the  Archi^es^^' 
honorable  Thomas  Gushing,  Esq'  Speaker  of  the  House  for  every  2S9. 
Day  of  his  Attendance  in  the  General  Court,  from  the  opening  of  House  Jour- 
the  Sessions  on  the  twenty  eighth  Day  of  may;  17fi6,  over  and  above  ""'i p- -•="• 
his  Pay  as  member  of  this  House. 

In  Council  Read  &  Concurred.      [Passed  February  13. 


CHAPTEE    142. 

RESOLVE   ALLOWING   £267  TO   THE   TREASURER. 

Resolved,  That  the  Sum  of  Two  Hundred  &  sixty  seven  pounds  ^s'^'?"\^  ^ 
be  granted,  and  allowed  to  be  paid  out  of  the  publick  Treasury  to  council,  xxvi., 
the  honorable  Harrison  Gray,  Esq'  Treasurer  and  Receiver-General  frehi'^vesTciv., 
of  his  Majesty's  Revenues  of  this  Province,  for  a  year's  Service,  end-  4i3. 
ing  the  twenty-third  Day  of  December  last.     [Passed  February  IS.  House  Jour. 


182 


Province  Laws  {Besolves,  etc. ).  —  1 766-67 .   [Chaps.  143-147 .] 


CHAPTER    143. 

RESOLVE  ALLOWING   £200  TO   THE   COMMISSARY  GENERAL. 

EeoorUs'otthe       Resolved  that  the  Sum  of  Two  hundred  pounds  be  granted  and 
coimcii.xxvi.,  allowed  to  be  paid  out  of  the  public  Treasury  to  the  Hon''''  Thomas 

'^^^ Hubbard  Esq'  Commissary  General  for  his  faithful  discharge  of  his 

nai"p^  270"'^'      trust  for  one  year  ending  the  eleventh  day  of  January  last.     [Passed 
February  IS. 


CHAPTER    144. 


Legislative 
Records  of  tiie 
Council,  xxvi.. 


RESOLVE  ALLOWING   £90  ADDITIONAL  TO  THE  SECRETARY. 


'^ Resolved  that  the  Sum  of  Ninety  pounds  be  granted  and  allowed 

nar^iey"^  to  be  paid  out  of  the  public  Treasury  to  the  Hon*"''  Andrew  Oliver 
Infra,  chap.  Esq'  Secretary  of  this  Province  in  consideration  of  his  extraordinary 
^*^'  Service  to  the  sixth  day  of  December  last.     \^Passed  February  13. 


CHAPTER    145 


Legislative 
Records  of  the 
Council,  xxvi., 


nal,  p.  269. 


RESOLVE   ALLOWING   £50  TO   THE   SECRETARY. 

Resolved  that  the  Sum  of  Fifty  pounds  be  granted  and  allowed 
to  be  paid  out  of  the  public  Treasury  to  the  hon''"  Andrew  Oliver 
Esq'  Secretary  of  this  Province  for  his  Services  for  one  year  ending 
the  sixth  day  of  December  last.     \^Passed  February  IS. 


Legislative 
Records  of  the 
Council,  xxvi., 
3S9.    Mass. 
Archives,  1., 
260. 

House  Jour- 
nal, p.  270. 


CHAPTER    146. 

RESOLVE  ALLOWING   £90  TO  THE   CLERK  OF  THE  HOUSE. 

Resolved,  That  there  be  granted,  and  allowed  to  be  paid  out  of 
the  publick  Treasury,  the  Sum  of  Ninety  Pound  to  M'  Samuel 
Adams;  Clerk  of  the  House  of  Eepresentatives,  for  his  Service 
during  the  several  Sessions  for  the  current  Year.  \^Passed  Feb- 
ruary 13. 


CHAPTER    147. 


RESOLVE   ALLOWING   £00  TO   LIEUTENANT   JOHN    PHILLIPS    AT    CASTLE 
WILLIAM. 


Legislative  Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 

coundi,xxvi.,  ury  the  Sum  of  Fifty  pounds  to  John  Phillips  Esq'  Lieutenant  of 

^ his  Majesty's  Garrison  at  Castle  William  in  consideration  of  his 

^^lyseJour.      faithful  discharge  of  that  trust.     [Passed  February  IS. 


[3d  Sess.]     Province  Laws  {Besolves,  etc.).  — 1766-67..  183 


CHAPTEE    148. 

RESOLVE  ALLOWING   £40  TO  THE  CHAPLAIN  OF  CASTLE   WILLIAM. 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  the  Sum  of  Forty  pounds  to  M'  Christopher  Bridge  Marsh  Chap-  coSndf.xUI^, 
lain  at  his  Majesty's  Castle  William  for  one  year  in  consideration  of  3S9. 
his  faithful  discharge  of  that  trust.     [Passed  February  IS.  House  Jour. 


CHAPTER    149. 

RESOLVE  ALLOWING   £12  TO   Y*^  CHAPLAIN  OF  THE  TWO   HOUSES. 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  the  Sum  of  Twelve  pounds  to  the  Rev''  Samuel  Cooper  for  his  councif  xxv'if 
faithful  Service  as  Chaplain  to  the  hon*"'^  Board,  and  the  Hon'''"  39o. 
House  of  Representatives  the  current  year.     [Passed  February  13.  House  Jour- 


CHAPTER    150. 

RESOLVE   ALLOWING   £200  TO  THE  PRESIDENT  OF   HARV"  COLLEGE. 

Resolved  that  the  Sum  of  Two  hundred  pounds  be  granted   &  ^"k'"'^*'^^  . 
allowed  to  be  paid  out  of  the  public  Treasury  to  the  Rev''  Edward  councif,  xxvi?, 

Holyoke  President  of  Harvard  College  over  and  above  the  Rents  of  '— 

Massachusetts  Hall  for  one  year  ending  the  tenth  day  of  September  ^aTp^  Kg^*^' 
last,  to  be  paid  quarterly.      [Passed  February  IS. 


CHAPTER    151. 

RESOLVE   ALLOWING   £100   TO   THE   PROFESSOR   OF    DIVINITY    AT    HAR- 
VARD  COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  M'  Edward  Wigglesworth  Hollisian  professor  of  coSncu!  xxvl*, 
Divinity  at  Harvard  College  in  Cambridge  the  Sum  of  One  h'un-  sue. 
dred  pounds  for  a  years  Service  ending  the  fifth  of  February  Instant  House  Jour- 
as  a  Gratuity  in  consideration  of  his  faithful  discharge  of  the  great  ""''  •"■  *'"" 
and  important  trust  that  was  reposed  in  him.    [Passed  February  IS. 


184  Province  Laws  (i?eso?i'es,  f?<c.).  — 176{)-67.  [Chaps.  152-154.] 


CHAPTER    152. 

RESOLVE   ALLOWING   £100  TO   THE  PROFESSOR  OF    MATHEMATICS    AT 
HARVARD   COLLEGE. 

Record8o?the       Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
Council, xxvi.,  public  Treasury  to  John  Winthrop  Esq'  Hollisian  professor  of  Math- 

^~ ematic's  and  natural  Philosophy  at  Harvard  College  in  Cambridge, 

nai"p!  27°':"^  the  Sum  of  One  hundred  pounds  as  a  Gratuity  in  consideration  of 
his  faithful  discharge  of  the  great  and  important  trust  reposed  in 
him,  and  for  his  further  encouragement  therein.  \^Passed  Feb- 
ruary IS. 

CHAPTER    153. 

ORDER   IMPOWERING   THO^   HART   TO   ENTER   A   COMPLAINT. 

Legislative  A  PETITION  of  Thomas  Hart,  praying  leave  to  enter  a  Complaint 

Council,  xxvi.,  at  the  Superior  Court  in  an  Action  against  one  Joseph  Eaton,  his 

336,  3111.  -  --  -  .."_  r 


ll^^Tott^.       Read  and 


neglect  to  do  it  seasonably  notwithstanding. 


Council, xxvi.,       Ordered  that  the  Petitioner  Thomas  Hart  be,  and  he  hereby  is 


303,  3S6.   House 


Journal,  impowered  to  enter  his  Complaint  at  the  next  Superior  Court  of 

iS'ali'lli'lss'  Jiitl^icature,  Court  of  Assize  and  General  Goal  delivery  to  be  holden 
at  Ipswich  within  and  for  the  County  of  Essex  on  the  third  Tues- 
day of  June  next  against  Joseph  Eaton  for  his  debts  and  Cost  in 
said  Petition  mentioned  with  additional  Interest.  And  the  said 
Court  are  hereby  authorized  and  impowered  to  make  up  Judgment 
on  said  Complaint  and  award  Execution  thereon  in  the  same  man- 
ner as  they  would  have  done  had  the  said  complaint  been  entered 
at  the  Superior  Court  held  at  Salem  aforesaid  on  the  third  Tuesday 
of  June  last.     \^Passed  February  14. 


CHAPTER    154. 

RESOLVE   REMITTING  TO  THE    TOWN    OF    BRAINTREE    £10    FINE    FOR 
NOT   SENDING   A  REPRESENTATIVE. 

KecOTds'of  the       ^  PETITION  of  the  Freeholders  and  other  Inhabitants  of  the 
Council,  xxvi.,  Town  of  Braintrce     Setting  forth     That  the  said  Town  by  reason 

^— — : of  the  roughness  of  the  Land  are  at  the  expence  of  little  less  than 

?a"pp!23vi82.  ^^°  hundred  pounds  a  year  for  repairing  and  amending  their  Roads; 
notwithstanding  which  the  Attorney  General  filed  an  information 
against  the  said  Town,  and  in  August  last  the  Superior  Court  then 
sitting  in  Boston  laid  a  Fine  of  Ten  pounds  upon  said  Town.  And 
praying  relief. 
[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Fine  of  ten  pounds  laid  upon  the  Town  of  Braintree  be,  and  hereby 
is  remitted,  and  that  no  further  proceedings  be  had  thereon;  it 
appearing  to  this  Court  that  part  of  the  way  mentioned  in  the  Peti- 
tion has  so  lately  been  laid  out,  and  is  so  difficult  to  be  made  good 
that  said  Town  ought  to  have  had  longer  time  for  that  purpose. 
[Passed  February  14. 


[3d  Sess.]     Province  Laws  (liesolves,  etc.).  —  176(j-67.  185 


CHAPTEK    155. 

RESOLVE  ALLOWING  3,000  ACRES  OF  EQUIVALENT  LAND  TO  HEZ"  WARD 
&  OTHERS. 

A  Petition  of  Hezekiah  Ward,  Benjamin  Clarke  and  Jon*  Mason  Legislative 
Heirs  and  Attorneys  for  the  Heirs  of  the  Estate  of  Benj''  Clarke  late  coSrxxX 
of  Boston  deceased  Eben''  Storer  Executor  of  tlie  Will  of  Ebenezer  3i)3. 
Storer  late  of  Boston  Esq"'  deceased,  and  Stephen  Minor  Admin''  of  iiouse  Jour, 
the  Estate  of  Jonas  Clarke  late  of  Boston  aforesaid  Esq' deceased    Set-  2i4.' 'province ' 
ting  forth    That  they  own  certain  Lands  bought  by  them  and  their  J'lfaT'ss."'' '^'^' 
predecessors  lying  in  the  North  part  of  a  new  Township  formerly 
called  Boston  Township  N"  1,  now  Charlemont     That  they  are  de- 
prived of  about  two  thousand  Acres  of  Land  by  the  West  Line  of 
Colrain  being  pitchd  down  before  the  Surveyor  had  run  out  the 
length  of  Line  he  has  given  in  for  the  North  Line  of  Charlemont. 
And  praying  for  an  equivalent. 

Read  & 

Resolved  that  there  be  granted  to  Hezekiah  Ward  &  others, 
Assignees  of  the  Town  of  Boston  in  proportion  to  their  several 
losses  of  Lands  in  the  Town  of  Charlemont  by  the  running  of  the 
Lines  of  Colrain,  three  thousand  Acres  of  the  unappropriated  Lands 
of  this  Province,  adjoining  to  the  said  Town  of  Charlemont  in  full 
satisfaction  for  any  deficiency  of  the  contents  of  the  original  Grant 
of  said  Town :  the  said  Assignees  returning  a  Plan  of  the  same  taken 
by  a  Surveyor  and  Chainmen  under  Oath  to  this  Court  for  Confir- 
mation within  one  year  from  this  time.      [Passed  February  16. 


CHAPTEE    156. 

RESOLVE  IMPOWERING  SAMUEL  GERRISH   TO   SELL   REAL   ESTATE    AND 
MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Mary  Huse  of  Newbury     setting  forth     That  her  Legislative 
late  Husband  William  Huse  dec"*  was  possessed  of  about  forty  Acres  councif  xxvi^ 
of  Land  in  said  Newbury  lying  in  four  pieces  nearly  three  Miles  3ii7. 
remote  from  each  other,  without  either  Wood  or  Stone  thereon  to  House  Jour- 
fence  it.     That  he  left  an  only  Child  Mary  Huse  an  Ideot,  and  that  2if7,'29^'.^'^prov! 
the  Petitioner  is  unable  to  support  herself  or  Child  without  break-  ince Laws.ii., 

.  ,  ,T  ,  ,    '-^  .  ,,  lol,  chap.  10. 

ing  m  wpon  said  Estate  but  has  now  an  opportunity  to  sell  the  same 
and  to  purchase  a  Farm  of  One  hundred  Acres  of  Land  well  accom- 
odated for  the  support  of  a  Family.  And  jjraying  that  she  may  be 
allowed  to  make  the  said  Sale  and  purchase  accordingly,  and  that 
Maj'  Samuel  Gerrish  or  some  other  meet  person  may  be  impowered 
to  negotiate  the  affair. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that 
Maj'  Samuel  Gerrish  within  named  be,  and  hereby  is  authorized 
and  impowered  to  make  Sale  of  and  convey  the  said  Lands  and 
Tenements  late  of  the  said  William  Huse  herein  named  for  the 
most  the  same  will  fetch  and  to  make  and  execute  a  good  Deed  or 
deeds  in  Law  to  the  purchasers,  He  observing  the  Rules  &  direc- 
tions in  the  Law  for  the  Sale  of  Real  Estates  by  Executors  &  Ad- 
min", and  that  the  said  Samuel  Gerrish  be,  and  hereby  is  impow- 


186 


Province  Laws  (iZesoZues,  e<c.).  — 1766-67.  [Chaps.  157,  158.] 


ered  and  directed  to  lay  out  the  monies  arising  by  such  Sale  as 
aforesaid  in  the  purchase  of  such  other  Lands  and  Tenements  for 
the  use  of  the  Id,eot  named  in  this  Petition,  and  her  Heirs  forever 
as  may  be  most  beneficial  for  her,  and  take  a  Deed  or  deeds  of  con- 
veyance thereof  to  himself  and  his  Heirs  in  trust  for  the  Ideot,  and 
for  the  Sole  use  and  behoof  of  her  and  her  Heirs  forever:  but  reserv- 
ing therein  unto  Mary  Huse  the  Mother  of  the  said  Ideot  and  Widow 
of  the  said  William  Huse  the  use  and  improvement  of  one  third 
part  of  such  new  purchased  Land  &  Tenements  during  the  life  of 
the  said  Mary.  Provided  she  first  release  unto  the  purchasers  of  the 
first  mentioned  Lands  and  Tenements  all  her  Right  of  Dower  in 
and  unto  the  same.  And  that  Samuel  Gerrish  Esq"^  be  accountable: 
and  that  when  the  Sale  and  purchases  in  said  Petition  mentioned, 
are  compleated,  he  then  lay  the  same  before  the  Judge  of  Probate 
for  the  County  of  Essex  for  allowance.     [Passed  February  17. 


CHAPTEK    157. 

RESOLVE   ALLOWING   £12.  12  TO   BENJ*  AYRES. 

Rifordsof the  ^  PETITION  of  Benj*  Ayres  of  Ipswich  Setting  forth  That  in 
Council, xxvi.,  1761  he  Served  during  the  Summer  as  a  Soldier  in  the  pay  of  the 

— Province  under  Cap'  Gideon  Parker  at  Nova  Scotia.   That  upon 

Archives,  P^'"''  ot  the  Regiments  return  home  he  was  by  his  own  consent 
ixxx.,633.  turned  over  to  Cap'  Johnson  Moulton  and  served  there  under  him 
nai,pp.'240,273,  for  seven  Months,  but  that  his  name  is  omitted  in  Cap'  Moulton's 
''*•  Roll,  and  he  thereby  deprived  of  seven  months  pay.  And  praying 

relief. 
Read  & 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  Cap'  Farley  of  Ipswich  twelve  pounds  twelve  shillings  in  full 
for  the  use  of  the  petitioner.      [Passed  February  17. 


CHAPTEK    158, 


ORDER  ASSESSING  A  TAX  OF  ONE  PENNY  PER  ACRE  YEARLY  FOR 
THREE  YEARS  ON  LANDS  IN  CHARLEMONT. 


Legislative 
Records  of  the 
Council,  xxvi., 
219,  406. 

Legislative 
Eecords  of  the 
Council,  XXV., 
149;  xxvi.,  368. 
House  .Jour- 
nal, pp.  16,17, 
25.0,  276,  301. 
Province 
Laws,  iv.,  1020, 
chap.  9;  1047, 
note;  xli.,275, 
chap.  33. 


A  Petition  of  Aaron  Rice  Agent  for  the  Town  of  Charlemont 
Setting  forth,  That  the  Grantees  of  said  Township  have  so  con- 
ducted their  affairs  as  to  have  at  this  time  only  thirty  Families 
settled  therein,  altho'  the  Grant  was  made  near  thirty  years  since 
upon  the  like  conditions  of  Settlement  as  other  Towns.  That  the 
general  Court  have  already  granted  a  Tax  of  One  penny  ^  Acre  for 
three  years  on  all  the  Lands  in  said  Town  for  making  Roads,  build- 
ing a  Meeting  House  &  Mills  and  for  the  support  of  Divine  Wor- 
ship notwithstanding  which  the  Meeting  House  is  only  raised  & 
covered  that  they  have  no  Minister  yet  Settled,  and  one  half  of  the 
Inhabitants  are  in  low  Circumstances,  whereby  they  are  rendered 
unable  to  do  these  things  themselves.  And  praying  that  the  Non- 
resident proprietors  may  be  obliged  to  fulfil  the  conditions  of  Set- 
tlement so  far  as  belongs  to  them,  and  that  there  may  be  a  tax  of 


[3d  Sess.]     Province  LiAws  (Besolves,  etc.) .  —  1766-67.  187 

one  penny  ^  Acre  for  the  term  of  three  years  granted  on  all  the 
Lands  lying  in  said  Town  for  the  purposes  beforementioned. 

Read  and 

Ordered  that  there  be  a  Tax  of  one  penny  ^  Acre  yearly  granted 
for  three  years  upon  all  the  Lands  in  the  Town  of  Charlemont, 
(public  Lands  excepted)  and  that  the  money  thereby  arising  be 
applied  as  follows  viz'  Fifty  pounds  part  of  said  money  towards 
finishing  the  Meeting  House  already  set  up  in  said  Town,  and  that 
the  remainder  of  it  be  applied  to  pay  for  Preaching  the  Gospel  and 
settling  and  supporting  a  Minister.  And  that  the  said  Tax  be  final 
so  far  as  respects  those  proprietors  who  have  settled  a  proportion- 
able number  of  Families  in  said  Town :  The  Petitioners  to  enter  an 
Account  of  their  doings  in  the  Town  Books.     [Passed  February  18. 


CHAPTEK    159. 

ORDER  DIRECTING  THE   RELEASE  OF  ISAAC  SPOOR  FROM   GOAL. 

In  the  House  of  Representatives.  On  the  Petition  of  Isaac  Legislative 
Spoor  Constable  of  the  District  of  Egremont.  Whereas  it  appears  Sune^f,xxvif 
to  this  House  that  the  Assessment  committed  to  him  to  collect  wt. 
amounted  to  the  Sum  of  £64.4.6,  of  which  he  hath  paid  £16.9.8  House  Jour- 
iuto  the  Treasury,  the  balance  being  Forty  seven  pounds,  fourteen  °a'>PP-2«4i288. 
shillings  and  ten  pence  due  to  the  Province,  for  which  he  is  now 
committed  to  Prison. 

Ordered  That  the  keeper  of  his  Majesty's  Goal  in  Great  Barring- 
ton,  forthwith  liberate  the  said  Isaac  from  said  Goal  without  Fee 
or  charge :  Provided  He  the  said  Isaac  shall  give  Bond  to  the  Select- 
men or  Treasurer  of  said  Town  with  sufficient  surety  that  he  will 
do  his  utmost  endeavour  to  collect  the  said  Sum  of  £47.14.10  and 
pay  what  he  shall  be  enabled  so  to  collect  into  the  Treasury  of  the 
Province  within  six  Months,  and  to  the  performance  whereof,  the 
said  Isaac  is  hereby  ordered,  and  as  fully  impowered  as  if  the  time 
of  the  first  Collection  had  not  been  expired.  And  the  Province  Treas- 
urer is  hereby  directed  and  impowered  to  issue  out  a  new  Warrant 
to  the  said  Isaac  accordingly.  And  that  part  of  his  petition  respect- 
ing his  charge  and  sufferings,  shall  be  referred  to  the  further  con- 
sideration of  this  Court. 

In  Council,  Read  &  Concurred.     [Passed  February  19. 


CHAPTEK    160. 

RESOLVE   IMPOWERING    THOMAS    DANFORTH    AND   ABIGAIL    HIS    WIFE, 
ADMx,  TO   SELL  PART  OF  AN   ESTATE. 

A  Petition  of  Thomas  Danforth  of  Billerica  and  Abigail  his  Legislative 
Wife  Admin^  of  the  Estate  of  her  late  Husband  Abel  Fox  of  said  ^S^.'c'if,  xxvl! 
Billerica  deceased     setting  forth     That  the  said  Abel  died  seized  408. 
of  a  dwelling  House  and  two  Acres  of  Land  in  Billerica     That  she  House  Jour- 
before  her  intermarriage  with  the  said  Thomas,  thought  that  she  '^^^vv-'^h^92. 
had  paid  all  the  debts  of  her  said  former  husband,  but  it  afterwards 
appeared  otherwise,  and  [in]  1766  the  said  Thomas  was  Sued  and 


188 


Province  Laws  (i?e.so?i'es,ete.). — 1766-67.  [Chaps.  161,162.] 


imprisoned  for  a  debt  of  the  said  Abel  of  twelve  pounds,  and  was 
with  much  difficulty  discharged.  And  praying  that  they  may  be 
enabled  to  make  Sale  of  some  part  of  the  Estate  of  the  said  Abel 
for  the  discharge  of  the  debt  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
petitioners  are  hereby  impowered  to  make  Sale  of  so  much  of  the 
Real  Estate  of  Abel  Fox  of  Billerica  aforesaid  in  the  aforesaid  Peti- 
tion mentioned  as  shall  pay  the  Sum  of  Twelve  pounds  lawful  money 
together  with  the  charges  of  such  Sale,  and  to  execute  a  good  deed 
or  deeds  of  the  same.     \^Passed  February  19. 


CHAPTEK    161 


RESOLVE  IMPOWERING  JOSEPH  MOORS,  ADMIN*,  TO  SELL  REAL  ESTATE. 


Legislative 
Records  of  the 
Council,  xxvi., 
410. 

House  Jour- 
nal,)).  289. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Joseph  Moors  of  Groton  Admin''  of  the  Estate  of 
Jonathan  Moors  late  of  Shirley  deceased  Setting  forth  That  the 
said  Jonathan's  personal  Estate  is  not  sufficient  by  £42  to  pay  his 
just  debts  besides  charges  of  settling;  that  he  died  seized  of  about 
80  Acres  of  Land  with  a  small  dwelling  House  and  an  old  Barn 
thereon,  lying  in  Shirley  aforesaid.  And  praying  that  he  may  be 
impowered  to  sell  the  same  in  order  to  discharge  the  said  debts,  he 
to  be  accountable. 

[Read  and] 

Resolved  that  [the]'  Petitioner  in  his  said  capacity  be  and  hereby 
is  impowered  to  make  Sale  of  the  whole  of  the  Real  Estate  of  the 
said  Jonathan  Moors,  and  to  execute  a  good  deed  or  deeds  in  Law 
of  the  same;  he  observing  the  Rviles  and  directions  of  the  Law  of 
this  Province  respecting  the  Sale  of  Real  Estates.  Provided  he  give 
sufficient  caution  to  the  Judge  of  Probate  for  the  County  of  Mid- 
dlesex that  the  proceeds  there  of  be  applied  for  the  purposes  men- 
tioned in  the  Petition.      \^Passed  February  19. 


CHAPTEE    162. 


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


Legislative 
Records  of  the 
Council,  xxvi., 


House  Jour- 
nal, pp.  279,291. 
Province 


A  Petition  of  Joseph  Emes  of  Framingham  Guardian  of  Abigail 
Gleason  a  Minor  now  in  her  20"'  year  Setting  forth.  That  the  said 
Abigail  liad  set  off  to  her  of  the  Estate  of  her  late  Father  Eben'' 
Gleason  of  said  Framingham  deceased  3  small  pieces  of  Land,  one 
containing  three  Acres,  another  six  and  another  one,  with  one  third 
chap!'io.''  '^^'  of  t^^°  *'>^''fl  V^^^^  of  the  Buildings  left  by  her  said  Father,  and  of  a 
Barn  built  since  his  death :  that  she  is  now  about  marrying,  and  is 
desirous,  as  is  also  her  Mother  and  other  Friends,  that  the  same  may 
be  sold  to  enable  her  to  go  to  Housekeeping.  And  praying  that  he 
may  be  impowered  to  make  Sale  of  the  same  acdordingly. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
within  named  Joseph  Emes  be  and  he  hereby  is  impowered  in  his 

'  Inserted  from  the  House  Journal,  p.  289. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  189 

capacity  to  make  Sale  of  the  premises  mentioned  in  this  Petition 
for  the  most  the  same  will  fetch,  and  to  make  and  execute  a  good 
deed  or  deeds  in  Law  to  the  purchaser,  he  observing  the  Kules  and 
directions  of  the  Law  for  the  Sale  of  Real  Estates  by  Executors  and 
Admiu'^  and  the  proceeds  arising  by  sale  to  be  applied  for  the  ben- 
efit of  the  said  Abigail.     \^Passed  February  19. 


CHAPTEE    163. 

RESOLVE    IMPOWERING    ISRAEL    STEVENS,   EXECUTOR,   TO    SELL    REAL 
ESTATE. 

A  Petition  of  Israel  Stevens  of  Grafton  Exec'  of  the  last  Will  Legislative 
&  Testament  of  Jacob   Stevens  late  of  Stowe   deceased     Setting  council,  xxvi., 

forth  That  the  debts  due  from  the  said  deceaseds  Estate  amount  to  — 

Five  pounds  twelve  shillings  and  seven  pence  more  than  the  said  ^a*i"pp^2t»!^29i. 
deceaseds  Personal  Estate:  that  he  died  seized  of  two  small  pieces  Province  ' 
of  unimproved  Land  lying  in  Stow  amounting  to  but  little,  if  any  chap.'io.'     ' 
thing  more  in  value  than  the  Sum  aforesaid.  And  praying  that  he 
may  be  impowered  to  make  Sale  of  the  said  Lands  in  order  to  dis- 
charge the  forementioned  debts. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  petitioner  Israel  Stevens  in  his  said  capacity  be,  and  hereby 
is  impowered  to  make  sale  of  the  two  small  pieces  of  Land  in  the 
Petition  mentioned  for  the  most  the  same  will  fetch,  and  to  make 
and  Execute  a  good  deed  or  deeds  thereof;  he  observing  the  direc- 
tions of  the  Law  relating  to  the  Sale  of  Real  Estates  by  Executors 
&  Admin"  and  giving  sufficient  security  to  the  Judge  of  Probate 
for  the  County  of  Middlesex  that  he  will  duly  account  for  the  pro- 
ceeds thereof.     [Passed  February  19. 


CHAPTER    164. 

RESOLVE    IMPOWERING    JOHN    JONES,  ATTY,  TO    SELL    REAL    ESTATE 
AND   MAKING  PROVISION   IN   REGARD   TO  THE  PROCEEDS. 

Resolved  that  the  Prayer  of  the  Petition  of  John  Jones  Attorney  Legislative 
to  Samuel  Ompany  and  Zurviah  Ompany  be  Granted,  and  that  the  Becordsof  the 

•  1X1         Ti  11        '1  IT  1  1        r>,  »  Council,  XXVI., 

said  John  Jones,  be  and  he  is  hereby  Impowered  to  make  Sale  of  ivi.  Mass. 
the  Several  Tracts  of  Land  mentioned  in  S''  Petition  for  the  most  xxx?u!,'^3ai. 
they  will  fetch  and  to  make  and  Execute  a  Good  Deed  or  Deeds  in  jj,^^^] 
tlie  Law  to  the  Purchaser  he  Observing  the  Directions  of  the  Law  •^'"'''!!J'''oE,„ 
relative  to  the  Sale  of  real  Estates  by  Executors  &  Administrators  m   liegisia- 
and  Giving  Sufficient  Caution  to  the  Judge  of  Probate  for  the  County  "ntie  c^ouncii, 
of  Middlesex  that  the  Proceeds  arising  by  Such  Sale  Shall  be  Secured  ^"^i-.  ^i^-  ^ 
&  transmitted  to  M"'  Zachariah  May  hew  &  Jonathan  Allen  Esq"  of  nai,  pp.  38,  to, 
Chilmark  on  Marthas  Vinyard  by  them  to  be  kept  on  Interest  for  inc'e  Laws^™^' 
the  benefit  of  the  Said  Samuel  Ompany  and  Zurviah  Ompany  and  lU  isi, chap, 
their  Heirs  Excepting  only  Ten  Pounds  (if  need  be)  to  be  Applyed 
towards  finishing  the  House  in  Said  Petition  Mentioned  and  to  pur- 


190 


Province  Laws  (^esoZves,  ete.).  — 1766-67.  [Chaps.  165,166.] 


chas  them  the  Said  Samuel  and  Zurviah  Such  things  as  may  be 
Necessary  the  Said  Zachariah  Mayhew  &  Jonathan  Allen  to  be  Ac- 
countable to  this  Court.      [Passed  February  19. 


CHAPTEK    165, 

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


Legislative  A  PETITION  of  John  Hale  of  Boxford  Settinar  forth  That  Thomas 

Eecordsotthe     -r       •.   i  e   -t\^-       i  i  i       i-ir--n  i  •       ,.  n  t-x       •    i 

Council, xxvi.,  Jewit  late  or  W  mchendon  gave  by  Will  to  his  four  Sons,  Daniel, 
David,  Moses  and  Enoch  Jewit  certain  Lots  or  parcels  of  Land  in 


ual,  pp.236,' 
Province 
Laws,  11.,  151, 
chap.  10. 


which  their  friends  have  paid  so  far  as  they  are  able,  but  that  some 
part  at  least  must  now  be  sold  for  defreying  said  Charges,  and  should 
they  be  sold  by  the  proprietors  Committee  in  the  usual  way,  they 
would  sell  to  great  disadvantage  And  praying  that  he  may  be  im- 
powered  to  sell  the  whole  of  said  Lands;  He  to  be  accountable. 

Eead  & 

Resolved  that  the  petitioner  John  Hale  be,  and  hereby  is  author- 
ized and  impowered  to  make  Sale  of  the  Lands  mentioned  in  the 
Petition  viz'  all  of  it  which  belongs  to  David,  Moses  &  Enoch,  and 
to  make  and  execute  a  good  deed  or  deeds  of  the  same,  he  observ- 
ing the  directions  of  the  Law  respecting  the  Sale  of  Real  Estate  by 
Executors  &  Admin",  and  giving  sufficient  caution  to  the  Judge  of 
Probate  for  the  County  of  Worcester  that  the  proceeds  of  said  Sale 
shall  be  applied  in  the  manner  following  viz'  after  the  debts  which 
are  now  due  upon  said  Lands  are  paid,  the  remaining  part  of  the 
proceeds  of  said  Sale  be  put  to  interest  for  the  benefit  of  the  said 
David,  Moses  &  Enoch.      [Passed  February  20. 


CHAPTEK    166. 


RESOLVE     ALLOWING    THE     ACCOUNT     OF    THE    TREASURER    OF   THE 
COUNTY   OF   DUKES   COUNTY. 


Legislative 
Records  of  the 
Council,  xxvl.. 


House  Jour- 
nal, pp.  14,304. 


An  Account  of  Gershon  Cathcart  Treasurer  of  Dukes  County 
having  been  presented  for  allowance  the  following  Order  passed 
thereon  viz' 

Resolved  that  the  foregoing  Account  being  right  cast  and  well 
vouched  be  accepted,  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  One  hundred  and  twenty  two  pounds,  seventeen  shillings 
and  two  pence  which  he  has  paid  by  order  of  the  Court  of  Sessions, 
and  that  he  be  further  accountable  for  a  balance  of  One  pound,  one 
shilling,  one  farthing  still  remaining  due  to  the  County.  "  ~ 
February  20. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  191 


CHAPTEK    167. 

RESOLVE  IMPOWERING  JON'^  WINGATE   AND  HANNAH  HIS  WIFE,  ADM^ 
TO   EXECUTE   A  DEED. 

A  Petition  of  Jonathan  Wingate  and  Hannah  his  Wife  as  she  Legislative 
the  said  Hannah  was  Administratrix  of  the  Estate  of  her  late  hus-  councif  xxvl 

baud  Samuel  Beard  late  of  Scarborough  deceased   Settingforth    That  ^w^ 

the  said  Samuel  on  the  23''  of  February  1739  gave  to  one  Walter  Foss  House  Jour, 
a  note  of  hand  for  the  Sum  of  Two  hundred  jjounds  as  a  security  f^.'''^'  ''  *  ' 
for  liis  giving  to  said  Walter  a  Deed  of  his  the  said  Samu^J's  part 
of  the  Overplus  Land  so  called  then  being  in  Biddeford,  but  now  in 
Pepperelborough,  but  that  he  did  not  live  to  execute  the  said  Deed. 
And  praying  that  they  may  be  impowered  to  give  the  Deed  afore- 
said, that  so  the  said  Note  may  be  cancelled. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted ;  and  that  the 
Petitioner  for  the  reasons  set  forth  in  the  petition  be,  and  they  are 
hereby  impowered  to  give  &  execute  a  good  deed  in  Law  to  the  said 
Walter  Foss  of  the  Overplus  Lands  mentioned  in  the  Petition. 
\^Passed  February  20. 


CHAPTEK    168. 

ORDER   ASSESSING   A   TAX   OF   A   HALF   PENNY   PER    ACRE    FOR    THREE 
YEARS   ON   LANDS   OF   NON-RESIDENT  PROPRIETORS   IN   FITCHBURG. 

A  Petition  of  Amos  Kimball  Agent  of  the  Town  of  Fitch-  ^"k'^'?"^! 
burgh     Setting  forth     That  the  said  Town  was  lately  set  off  from  council,  xxvi., 
Lunenburgh,  that  two  public  Roads  &  most  of  the  Bridges  which  Archires^^' 
were  in  Lunenburgh   now  fall  within   Fitchburgh,  that  the  said  cxxi.,44'2.' 
Roads  running  through  rough  &  miry  Lands  are  very  expensive.  Legislative 
besides  which  they  have  lately  built  a  Meeting  House  &  supported  couucif,  xxvif, 
the  public  Worship  in  said  Fitchburgh,  which  they  find  too  heavy  j'j'urn^f'lf.f  40 
for  them,  and  as  the  Lands  of  the  Nonresident  Proprietors  are  greatly  Mo,25i,262,-273l 
benefited  by  these  means     Praying  that  a  Tax  of  one  penny  ^  acre  ince^Law8,™\, 
may  be  laid  on  said  Lands  for  the  term  of  three  years  to  defrey  the  8S5>  cbap.  30. 
charges  aforesaid. 

Read  and 

Ordered  that  the  Petition  be  so  far  granted  as  that  there  be  a 
yearly  Tax  of  half  penny  ^p'  acre  laid  upon  the  Lands  of  the  Non- 
resident Proprietors  in  said  Township  for  the  term  of  three  years 
That  the  money  raised  by  said  Tax  be  applied  to  the  making  & 
repairing  Bridges  and  Roads  in  said  Town  &  for  no  other  purpose 
whatever  That  the  assessors  and  Constables  or  Collectors  of  said 
Township  be  respectively  impowered  to  assess  and  collect  the  same; 
and  in  case  any  of  said  Proprietors  shall  neglect  or  refuse  to  pay 
their  respective  assessments  that  so  much  of  their  Land  be  sold  as 
may  be  sufficient  for  that  purpose,  and  to  defrey  the  charges  of 
Sale,  and  tliat  the  assessors  of  said  Town  be  impowered  to  make  & 
execute  proper  Deeds  thereof,  first  giving  notice  of  said  Sale  six 
weeks  at  least  before  it  be  made  in  all  the  Boston  News  papers  three 
weeks  successively  &  returning  the  Overplus  if  any  there  be,  after 
said  Sale  to  the  owner  on  demand,  and  that  the  Town  Clerk  of  the 


192 


Province  Laws  (i?eso?ves,  ete.).  —  176(J-67.  [Chaps.  Hjii,  170.] 


Town  of  Fitchburgh  shall  by  the  first  day  of  May  which  will  be 
Anno  Domini  One  thousand,  seven  hundred  and  seventy  one  exhibit 
to  the  Secretary  of  this  Province  a  true  account  of  the  application 
of  said  Tax  to  be  filed  in  his  office  for  the  inspection  &  satisfaction 
of  the  non  resident  proprietors.      {^Passed  February  21.^ 


House  Jour- 
nal, pp.  298, 311. 


CHAPTER    169. 

OKDER   IMPOWERING   JOHN   MERRETT   TO   ENTER   A   COMPLAINT. 

• 

Eeoorda'J^the  ^  PETITION  of  John  Merrett  of  Providence  in  the  Colony  of 
Council, xxvi.,  Eliode  Island  Setting  forth,  That  in  Feb''  last  he  recovered  Judg- 
ment at  the  Inferior  Court  held  at  Northampton  for  the  County  of 
Hampshire  against  Ebenezer  Davis  of  Ware  in  said  County  for  the 
Sum  of  £19.8.51/^  debt  &  £-1.1.8  costs;  from  which  Judgment  the 
said  Ebenezer  appealed  to  the  Superior  Court  holden  at  Springfield 
for  the  said  County  in  September  last,  but  did  not  prosecute  his 
Appeal.  And  the  petitioner  furnished  himself  with  Copies  in  order 
to  enter  his  complaint  at  the  Superior  Court,  but  his  attorney  by 
mere  accident  forgot  it.  And  praying  that  the  said  Court  may  be 
impowered  to  receive  the  Complaint  and  make  up  Judgment  and 
award  execution  thereon. 
Read  & 

Ordered  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
that  the  Petitioner  be  allowed  to  enter  his  Complaint  at  the  next 
Superior  Court  of  Judicature  &c  to  be  holden  at  Springfield  within 
the  County  of  Hampshire,  and  for  the  Counties  of  Hampshire  & 
Berkshire  on  the  last  Tuesday  of  September  next,  against  the  said 
Eben'^  Davis  for  his  not  prosecuting  his  aforesaid  Appeal :  and  the 
said  Justices  of  the  said  Court  are  hereby  fully  impowered  to  receive 
said  Petitioners  Complaint,  and  to  enter  up  Judgment  thereon 
against  said  Ebenezer  as  pray'd  for  (if  they  shall  see  fit)  and  that 
said  Judgment  shall  be  as  valid  as  if  the  same  complaint  had  been 
entered  and  Judgment  thereon  made  at  the  last  Superior  Court. 
\^Passed  February  23. 


CHAPTER    170. 


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


Legislative 
Records  of  the 
Council,  xxvl., 

42(). 

House  Jour- 
nal, pp.  293, 318. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  John  Ball  of  Boston  Guardian  of  Victor,  John 
and  Hannah  Blair  Children  of  Eben'  Blair  late  of  Boston  de- 
ceased Setting  forth  That  there  was  set  oS  to  the  said  Children 
one  third  part  of  a  piece  of  Land  with  an  old  Building  thereon 
being  part  of  the  Estate  of  their  uncle  Bethel  Blair  dec'^  fronting 
fifty  foot  on  purchase  Street,  of  about  70  feet  in  depth ;  that  about 
sixteen  feet  of  said  fifty  with  an  old  irrepairable  Shop  thereon,  fell 
to  the  share  of  the  said  Children,  which  can  be  of  little  advantage 
to  them  as  it  lyes.  And  praying  that  he  may  have  liberty  to  make 
Sale  thereof  for  the  benefit  of  the  said  Children. 

>  This  date  is  according  to  Mass.  Archives  and  the  House  Journal ;  according  to  Legis- 
lative Records  of  the  Council  the  date  is  February  23. 


[3d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1766-67.  193 

Eead  & 

Resolved  that  John  Ball  Guardian  to  Victor,  John  &  Hannah 
Blair  mentioned  in  this  Petition  be,  and  hereby  is  impowered  in 
his  said  capacity  to  make  Sale  of  the  premises  within  mentioned  for 
the  most  the  same  will  fetch,  and  to  make  and  execute  a  good  deed 
of  the  same  to  the  purchaser;  he  observing  the  Rules  and  directions 
of  the  Law  for  the  Sale  of  Eeal  Estates  by  Executors  &  Administra- 
tors, and  the  monies  arising  by  such  Sale  to  be  put  to  interest  for 
the  benefit  of  the  said  minors.     \^Passed  February  24. 


CHAPTEK    171. 

RESOLVE    IMPOWERING    ELIZ*  EIDER,  ADM'=,  TO    SELL    REAL  ESTATE 
AND  MAKING  PROVISION  IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Elizabeth  Rider  of  Douglas  Adni''  of  the  Estate  Legislative 
of  Joseph  Rider  late  of  Douglas  deceased  Setting  forth     That  the  ^™ ctf,  xxv"!*, 

deceaseds  debts  amount  to  twelve  pounds  more  than  his  personal  *27^ 

Estate :  that  he  died  Seized  of  about  forty  eight  Acres  of  Land  only  House  .Jour- 
twelve  of  which  are  under  improvement,  &  the  rest  is  poor  Laud  sos,' las',  325'.     ' 
scarce  worth  the  clearing,  the  House  upon  it  small  and  unfinished,  ^aws'^i!^  151 
and  no  Barn:  that  he  left  a  Family  of  Children,  the  oldest  not  chap.  10.' 
eleven  years  of  age,  and  that  it  would  be  for  their  interest  to  have 
the  premises  sold.  And  praying  that  she  may  be  impowered  to  sell 
the  same  accordingly. 

The  facts  set  forth  in  the  Petition  being  true, 
Resolved  That  the  said  Elizabeth  Rider  in  her  said  Capacity  be, 
and  she  hereby  is  impowered  to  make  Sale  of  the  whole  of  the  Real 
Estate  of  the  deceased  mentioned  in  the  Petition  for  the  most  the 
same  will  fetch,  and  to  make  and  execute  a  good  deed  or  deeds  in 
Law  to  the  purchaser;  She  observing  the  direction  in  the  Law  re- 
specting the  Sale  of  Real  Estates  by  Executors  &  Admin",  and 
giving  proper  caution  to  the  Judge  of  Probate  for  the  County  of 
Worcester  that  the  money  arising  by  such  Sale  be  applied  for  the 
payment  of  the  just  debts  of  the  dec'^  and  the  remainder  for  the 
benefit  of  the  Heirs.  And  the  Judge  of  Probate  for  the  County  of 
Worcester  is  hereby  impowered  to  take  security  for  the  payment  of 
the  Interest  of  one  third  part  of  the  proceeds  of  the  Sale  of  said 
Estate  to  the  said  Elizabeth  during  her  natural  life  in  lieu  of  her 
right  of  Dower  in  s''  Estate.      \^Passed  February  24. 


CHAPTEK    172. 

RESOLVE  IMPOWERING  ASA  STOWERS  AND  REBECCA  HIS  WIFE,  GUAR- 
DIAN, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO  THE   PROCEEDS. 

A  Petition  of  Asa  Stowers  and  Rebecca  his  Wife  as  she  is  Guar-  Legislative 
dian  to  Jonathan  Lynd  a  Minor  about  ten  years  of  age     Setting  councif.xi'v'if, 

forth.  That  Cap'  Daniel  Denny  late  of  Leicester  gave  to  the  said  ^j^ 

Jonathan  his  Grandson  by  his  last  Will  a  piece  of  Land  in  said  House  .Jour. 
Leicester  containing  about  thirty  eight   Acres  which   is  under  a  province ' 
Mortgage  for  the  payment  of  about  One  hundred  and  twenty  pounds  ^if^f  10.'  ^*'' 


194 


Province  Laws  {Resolves, etc.).  — 1766-67.  [Chaps.  173,  174.] 


to  one  Phoebe  Read,  about  nine  Acres  of  which  is  set  to  a  Widow 
during  her  natural  life.  And  praying  she  may  be  impowered  to  sell 
the  said  nine  Acres  in  order  to  discharge  the  said  Mortgage. 

The  facts  set  forth  in  this  Petition  appearing  to  be  true;  there- 
fore 

Resolved  ThaX  the  prayer  of  this  Petition  be  granted;  and  that 
the  Petitioners  in  their  capacity  be,  and  hereby  are  impowered  to 
make  Sale  of  the  nine  Acres  of  Land  mentioned  in  this  Petition  for 
the  most  the  same  will  fetch  and  to  make  and  execute  a  good  deed 
or  deeds  to  the  purchaser,  they  observing  the  rules  and  directions 
in  the  Law  for  the  Sale  of  Real  Estate  by  Exec"  &  Admin"  and 
giving  proper  caution  to  the  Judge  of  Probate  for  the  County  of 
Worcester  that  the  monies  arising  by  said  Sale  be  applied  for  the 
discharge  of  the  Mortgage  to  the  said  Phrebe  Read,  and  the  Over- 
plus, if  any  there  be,  to  be  put  to  interest  for  the  benefit  of  the 
said  Jonathan  Lynd.      [Passed  February  25. 


CHAPTER    173. 


ORDER  OF  NOTICE  WITH  STAY  OF  PROCEEDINGS  ON  THE  PETITION  OF 
CERTAIN  INHABITANTS  OF  FALMOUTH  TO  BE  ANNEXED  TO  THE  DIS- 
TRICT OF   CAPE  ELIZABETH. 


Legislative 
Records  of  the 
Council,  xxvi., 
430. 

Legislative 
Records  of  the 
Council,  XXV., 
384.    House 
Journal, 
pp.  236,  319. 
Province 
Laws,  Iv.,  838, 
chap.  25;  872, 
note ;  xvi.,  445, 
chap.  213. 


A  Petition  of  a  number  of  the  Inhabitants  of  Cape  Elizabeth, 
formerly  the  second  parish  in  Falmouth  who  were  some  time  since 
set  off  from  the  said  second  to  the  first  jmrish  in  Falmouth  Setting 
forth  That  they  had  since  petitioned  to  be  set  back  to  the  second 
parish,  the  prayer  whereof  they  imagine  was  granted  in  effect,  tho' 
not  in  form :  And  praying  that  they  or  as  many  of  them  as  think  fit, 
may  be  set  off  from  the  first  parish  in  Falmouth  to  the  District  of 
Cape  Elizabeth. 

Read  & 

Ordered  that  the  petitioners  notify  the  District  of  Cape  Elizabeth, 
and  the  first  parish  in  Falmouth  by  leaving  a  Copy  of  this  Petition 
and  Order  with  each  of  their  resj)ective  Clerks:  And  the  Petitioners 
are  also  ordered  to  notify  the  persons  mentioned  in  their  Petition 
to  be  taxed  by  causing  the  said  Petition  and  Order  to  be  read  to 
them  respectively,  or  a  Copy  thereof  left  at  their  place  of  dwelling, 
so  that  all  parties  concerned  may  have  opportunity  to  be  heard  upon 
the  same  on  tlie  second  AVednesday  of  the  Session  of  the  General 
Court  in  May  next;  and  the  Collection  of  the  Taxes  of  those  persons 
referred  to  in  this  Petition  is  ordered  to  be  stayed  until  the  further 
Order  of  this  Court.      [Passed  February  25. 


CHAPTER    174, 


ORDER  DIRECTING  THE  OVERSEERS  OF  THE  POOR  OF  THE  TOWN  OF 
ROXBURY  TO  TAKE  IMMEDIATE  CARE  OF  ROBERT  BOSWORTH. 


Legislative 
Records  of  the 
Council,  xxvi., 
432. 


A  Petition  of  the  Selectmen  of  Dorchester,  Roxbury  and  Brook- 
lyn Setting  forth  That  one  Robert  Bosworth  a  stranger  &  delir- 
eous  has  for  divers  years  past  made  it  his  practice  to  wander  about 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 17(3(3-67.  195 

from  House  to  House  in  the  said  Towns  to  the  great  annoyance  &  ^""pp^^fg^'jos. 

disturbance  of  tlie  Inhabitants,  and  to  the  endangering  his  own 

life,  as  he  has  no  settled  place  of  aboad,  and  no  other  Shelter  in 

some  of  the  severest  weather  but  such  Barns  as  he  happens  to  light 

upon.   And  praying  the  order  of  this  Court  respecting  the  said 

Eobert. 

Eead  and 

Ordered  that  the  Overseers  of  the  poor  of  the  Town  of  Eoxbury 
take  immediate  care  of  the  within  named  Robert  Bosworth  by  piro- 
curing  suitable  Cloathing  and  subsistence  for  him  in  as  reasonable 
manner  as  his  circumstances  will  admit  of;  and  that  he  be  imployed 
in  some  business,  if  capable  thereof,  And  that  they  render  an  ac- 
count of  their  disbursements  in  order  to  receive  out  of  the  public 
Treasury  all  such  Sum  or  sums  of  money  as  may  be  needful  for  his 
support  more  than  the  fruits  of  his  own  labour  during  the  pleasure 
of  this  Court.      \^Passed  February  25. 


CHAPTEK    175. 

RESOLVE   ALLOWING  THE   ACCOUNT  OF  THE   TRUSTEES    OF    THE    HAS- 
SANIMISCO  INDIANS. 

The  Account  of  the  Trustees  of  the  Hasanamisco  Indians  ap-  Legislative 
pointed  by  the  General  Court  to  receive  the  Interest  money  arising  couu^f  xxvi^ 
by  the  Sale  of  their  Lands  was  presented  for  allowance  «*■   Mass. 

Signed  Aktemas  Ward  Tin"  Paine      xxxiiU4i4. 

Whereupon  the  following  Order  passed,  viz'  House  Jour- 

Resolved  ih&i  the  Said  guardians  be  &  hereby  are  further  account-  prov'iiice  ' 
able  for  the  Sum  of  Two  pounds  fourteen  Shillings  &  Eight  pence  l^g^c^a^p^'j'^ 
above  mentioned.     \^Passed  February  25. 


CHAPTEK    176. 

ORDER   ALLOWING    £48.  12.  3   TO   PHIN"   LOVET. 

A  Petition  of  Phineas  Lovet  Captain  of  the  military  Foot  Com-  Legislative 
pany  in  the  Town  of  Mendon    Setting  forth  That  in  the  years  1758  counnf  .fxv'r 
&  1759  He  was  by  a  Law  of  this  Province  obliged  to  raise  a  certain  4a6.  Mass. 
number  of  Men  for  the  general  Service  of  the   War:  that  the  Gov-  ixxx.',™2ii. 
ernment  allowed  a  certain  Sum  as  a  bounty  to  encourage  Men  to  '^a&s. 
inlist,  and  provided  that  in  case  a  sufficient  number  should  not  ^^^"^|,l' 
inlist  by  a  certain  day  tliere  should  be  an  impress  to  compleat  the  House  Joiir- 
Quota  of  each  Company;  and  in  case  there  should  be  any  of  the  pro'Jinc?"' ^''" 
peoi^le  called  Quakers  liable  to  be  impressed,  the  Captain  of  the  Com-  \^\^''l^' 
pany  to  which  they  belonged  were  impowered  &  required  to  employ  ess',  note.' 
a  Sum  not  exceeding  £13.(3.8  ^  Man  to  hire  one  in  the  room  of  such 
Quaker,  which  Sum  was  to  be  assessed  on  such  Quaker  who  was  thus 
excused  from  a  jiersonal  Impress.  That  the  Province  Bounty  being 
insufficient  to  procure  the  men  by  inlistment,  his  Company  agreed 
to  iVugment  the  Bounty  in  order  to  prevent  an  Impress;  which  pro- 
jjosal  was  communicated  to  one  George  Aldrich  whom  the  Quakers 
had  appointed  to  represent  them,  and  he  readily  comi^lied  there- 


196 


Province  Laws (i?esoZves,  etc.).  — 1766-67.  [Chaps.  177,  178.] 


with ;  and  by  this  means  the  inlistment  was  eSected  notwithstand- 
ing which  the  said  Aldrich  commenced  an  action  against  the  Peti- 
tioner for  the  Sum  assessed  on  him,  alledging  that  as  the  men,  upon 
Record  appeared  to  be  inlisted  men,  tlie  Quakers  were  not  by  Law 
held  to  pay  any  part,  and  finally  recovered  of  him  £6.7.4  damages, 
and  £15.8.3  Costs,  for  which  Sums  execution  was  issued,  and  he 
paid  the  money,  besides  other  Charges  &  expences.  And  praying 
relief. 

Read  & 

Ordered  that  there  be  allowd  &  paid  to  the  Petitioner  out  of  the 
publick  Treasury  the  Sum  of  forty  Eight  Pounds  twelve  shillings  & 
three  pence  in  full  Satisfaction  for  his  Expence  in  the  Suit  brot 
against  him  by  George  Aldrich  as  set  forth  in  the  Petition.  [Passed 
February  26. 


CHAPTEE    177 


RESOLVE   REMITTING  TO  THE   TOWN   OF  STURBRIDGE   £20    FINE    FOR 
NOT   SUPPORTING  A   GRAMMAR   SCHOOL. 


Legislative 
Records  of  the 
Council,  xxvi., 
437.    Mass. 
Archives, 
cxviil.,  230. 

Mass. 
Archives, 
cxviil.,  229. 
House  Jour- 
nal, pp.  305, 322, 
331. 


In  the  House  of  Representatives 

On  the  Petition  of  Moses  Marcy  Esq''  Agent  for  the  Town  of 
Stirbridge  Praying  that  a  fine  ordered  upon  said  Town  by  the 
Court  of  Gen''  Sessions  of  the  peace  in  the  County  of  Worcester 
for  their  not  being  Supplied  with  a  Gramer  School  may  Be  Remitted 
to  them 

Whereas  it  appears  to  this  House  that  the  Inhabitants  of  said 
Town  Labour  under  many  Difficulties  by  Reason  of  their  Scituation 
and  have  been  Subjected  to  Great  Charges  in  Settling  a  minister 
Therfore 

Resolved  that  the  fine  mentioned  in  said  Petition  be  Remitted  to 
Said  Town  of  Stirbridge  and  Said  Town  shall  be,  and  Accordingly 
is  hereby  Discharged  from  the  payment  of  the  same 

In  Council  Read  &  Concurred.     [Passed  February  27. 


CHAPTEE    178. 


RESOLVE   ALLOWING   £2.  12.  5  TO   JACOB  MARTIN  AND   £2.  8.  10   TO   JOHN 
LAKEMAN. 


Legislative 
Records  of  the 
Council,  xxvi.. 


Mass. 
Archives, 
Ixxx.,  634. 
House  Jour- 
nal, p.  339. 


A  Petition  of  Jacob  Martyn  and  John  Lakeman  both  of  Ips- 
wich Setting  forth  That  they  inlisted  into  his  majesty's  Service 
in  the  pay  of  this  Province  on  the  20*  of  March  1762  under  Cap' 
Nathan  Brigham,  thcvsaid  Martyn  serving  as  a  Sergeant,  and  Lake- 
man  as  a  private,  and  that  when  the  Roll  was  made  up  they  were 
by  mistake  entered  on  the  36""  day  of  April.  And  praying  Relief. 

[Read  and] 

Resolued  that  the  Prayer  of  the  Petition  be  Granted  and  there  be 
paid  out  of  the  Publick  Treasury  to  Cap'  Mechael  Farley  the  sum 
of  Two  pounds  Twelue  Shillings  &  5''  for  the  use  of  the  Petif  Jacob 
Martyn  and  the  Sum  of  Two  pounds  Eight  Shillings  and  Ten  Pence 
for  the  use  of  the  Petiti'  John  Lakeman  In  full  to  Compleat  the 
wages  Due  to  Each  of  the  Petitioners.      [Passed  February  27. 


[3d  Sess.]     Province  Laws  {Hesolves,  etc.).  — 1766-67.  197 

CHAPTEK    179. 

RESOLVE  ALLOWING   £183  TO   HARRISON  GRAY,  TREASURER. 

A  Petition  of  Harrison  Gray  Esq'  Province  Treasurer,  praying  Legislative 
an  allowance  for  his  extraordinary  Service  in  borrowing  naoney  and  councif  xxw" 
issuing  the  Securities  for  the  same;  for  paying  the  Interest  due  on  «8.  Mass. 
former  Securities,  and  drawing  Bills  of  Exchange  on  the  Agent,  415.        '    ^'' 
for  which  Services  the  Court  have  made  him  allowances  extraordi-  Mass. 
nary  in  time  past.  fif'^HouBe'^'' 

[Read  and]  journal. 

Resolved,  That  the  Sum  of  one  hundred  &  eighty  tliree  pounds  p^ivmc^'' 
be  granted  &  paid  out  of  the  publick  Treasury  to  the  Petitioner  in  ^s^^ehaV'iT's 
full  Consideration  of  the  extraordinary  Services  mentioned  in  his  4«<e,p.  104, 
Petition.     [Passed  February  27.  ""^p-  *^^- 


CHAPTER    180. 

RESOLVE  ALLOWING  £100  TO   AND^  OLIVER,  SECRETARY. 

A  Petition  of  Andrew  Oliver  Esq'  Secretary  of  the  Province,  Legislative 
representing  that  the  Fees  &  Emoluments  of  his  place  have  in  the  councff  xxv?^ 
year  past  fallen  short  of  what  they  had  heretofore  been,  although  mi- 
his  time  has  been  equally  employed  in  attending  on  the  business  House  Jour- 
of  the  Court:  That  the  Station  he  is  in,  is  confessedly  a  place  of  l^'jrfj^p.^isa,*'"' 
great  labour  &  care,  which  he  has  dearly  experienced  in  the  injury  <>''*?•  i*5- 
done  his  health  by  a  close  attention  to  the  business  belonging  to  it; 
and  that  his  public  Station  demands  a  greater  expence  than  would 
be  expected  in  private  life :  And  after  acknowledging  with  grati- 
tude the  usual  Grants  which  have  been  made  him  the  present  Ses- 
sion, amounting  to  £140  Praying  for  a  further  allowance  as  well  for 
himself  as  to  procure  assistance  in  the  business  of  his  office. 

[Read  and] 

Resolved  that  the  Sum  of  One  hundred  pounds  be  allowed  and 
paid  out  of  the  public  Treasury  to  the  hon"''  Andrew  Oliver  Esq' 
Secretary  of  this  Province  to  enable  him  to  pay  for  assistance  in 
his  office  the  year  past.      [Passed  February  28. 


CHAPTER    181. 

RESOLVE   ALLOWING   £120   TO   WILLIAM   BAKER,  DOORKEEPER. 

A  Petition  of  William  Baker  Doorkeeper  to  his  Excellency  the  Lecisiative 
Governor  and  messinger  of  the  two  Houses  Setting  forth    That  the  J^„™^^f  xx''^ 
whole  of  his  time  is  spent  in  the  said  Services,  and  that  being  obliged  442. 
to  live  near  the  Court  House,  he  sits  at  a'great  Rent.  And  praying  House  .jour. 
an  allowance.  '■'''•  »•  *"*• 

[Read  and] 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury the  sum  of  One  hundred  and  twenty  pounds  to  M'  William  Baker 
doorkeeper  to  his  Excellency  the  Governor  &  this  Court  for  his  Ser- 
vice for  one  year  to  be  paid  quarterly.      [Passed  February  28. 


198 


Province  IjAVis{Iiesolves,etc.).  — 1766-67.  [Chaps.  182, 183.] 


CHAPTER    182. 


ORDER  ALLOWING   £400  TO  THE  SUFFERERS  BY  FIRE  IN  BOSTON. 


Legislative 
Records  of  the 
Council,  xxvi., 
44-2.    Mass. 
Archives, 
Ixxxvii.,  113. 

Mass. 
Archives, 
Ixxxvii.,  112. 
House  Jour- 
nal, pp.  264,340, 
341. 


A  Petition  of  the  Selectmen  of  the  Town  of  Boston  Setting 
forth  That  on  the  3^  Instant  a  Fire  brake  out  in  the  said  Town 
whereby  between  forty  &  fifty  Families  were  burnt  out  and  lost 
their  Houses  &  great  part  of  their  furniture  and  Provisions,  the 
most  of  whom  are  reduced  to  the  extremest  necessity.  And  as  the 
said  Town  is  not  yet  recovered  from  the  distresses  brought  upon  it 
by  a  former  Fire,  and  by  the  small  pox  which  lately  passed  through 
it,  Praying  such  Eelief  to  those  Sufferers  who  are  real  objects  of 
Cliarity  as  this  Court  sliall  judge  meet. 

[Read  and] 

Ordered  that  there  be  allowd  &  paid  out  of  the  publick  Treasury 
the  Sum  of  Four  hundred  Pounds,  into  the  hands  of  the  Selectmen 
of  the  Town  of  Boston,  for  the  use  &  Comfort  of  those  Sufferers  by 
the  late  Fire  in  said  Town  who  are  proper  Objects  of  immediate 
reliefe,  to  whom  said  Selectmen  are  hereby  impowerd  to  distribute 
the  same  in  proportion  to  their  several  Losses.    [Passed  February  28. 


CHAPTER    183, 


ORDER  DESIRING  THE  GOVERNOR  TO  ISSUE  A  BRIEF,  FOR  COLLEC- 
TIONS IN  BEHALF  OF  THE  CHURCH  AT  NOBLETOWN  AND  ALLOWING 
£50   OUT   OF   PROVINCE   TREASURY   THEREFOR. 


Legislative 
Records  of  the 
Council,  xxvi., 
322, 439. 

Mass. 

Archives,  xiv., 
472.    Legisla- 
tive Records  of 
the  Council, 
xxvi.,  331,  394, 
395.    House 
Journal 


A  Petition  of  William  Kellog  in  behalf  of  the  Church  and 
people  at  a  place  called  Nobletown  Setting  forth  That  by  the 
late  most  distressing  depredations  made  on  them  by  a  number  of 
people  from  New  York  Government,  the  Inhabitants  are  so  reduced 
that  they  are  utterly  unable  to  contribute  towards  the  supj^ort  of 
the  Gospel  among  them,  and  being  now  in  Arrears  about  the  Sum 
of  £100  to  the  Rev''  M'  Smith  their  Minister  which,  under  tlieir 
present  circumstances  it  is  impossible  for  them  to  discharge,  Pray- 

2ifi',285',289',337',  ing  that  a  Brief  may  be  issued  for  their  Relief. 

^^-  [The  com'"''  report]  Read,  and  so  far  accepted,  as  that  his  E.x- 

cellency  be  desired  to  issue  a  Brief  for  making  Collections  in  the 
several  Towns,  Districts  and  Parishes  within  the  Counties  of  Hamp- 
shire, Berkshire  and  Worcester  for  the  relief  of  the  sufferers  men- 
tioned in  said  Petition,  the  money  collected  to  be  paid  into  the 
hands  of  John  Ashley  of  Sheffield  and  Timothy  Woodbridge  of 
Stockbridge  Esq"  to  be  by  them  distributed  accordingly,  to  their 
best  discretion.  And 

Ordered  that  the  Sum  of  Fifty  pounds  be  allowed  and  paid  out 
of  the  public  Treasury  to  the  Petitioner  to  be  distributed  by  John 
Ashley  of  Sheffield  &  Timothy  Woodbridge  of  Stockbridge  Esq'* 
for  the  immediate  relief  of  the  sufferers  mentioned  in  the  Petition: 
the  said  John  Ashley  and  Tim°  Woodbridge  Esq"  to  lay  an  account 
of  such  distribution  before  this  Court.      [Passed  March  3. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  199 


CHAPTEE    184. 

RESOLVE  GRANTING  TO  ISAAC  HALL  LICENCE   TO   SELL   STRONG  DRINK. 

A  Petition  of  Isaac  Hall  of  Medford     setting  fortli     That  he  Legislative 
hath  lately  built  a  Still  House  in  said  Town,  and  hath  obtained  the  coSncif,  ?xv^*; 

approbation  of  the  Selectmen  to  retail  spirituous  Liquors;  but  as  tf^^ 

the  time  for  granting  Licenses  in  the  County  of  Middlesex  will  not  House  Jour- 
arrive  till  September  next,  j)raying  that  the  next  Court  of  General  °  '  ''^ 
Sessions  of  the  peace  for  the  said  County  may  be  impowered  to 
grant  him  a  License  for  the  purpose. 

[Read  and] 

Resolved  i\vA,t  the  prayer  of  the  Petition  be  granted:  and  that  the 
Justices  of  the  General  Sessions  of  the  peace  for  the  County  of  Mid- 
dlesex be  impowered  (if  they  see  cause)  to  grant  the  Petitioner  a 
License  at  their  next  Session,  the  time  for  granting  Licenses  being 
elapsed  notwithstanding  he  first  obtaining  the  approbation  of  the 
Selectmen  of  the  Town  of  Medford  therefor.      \^Passed  March  3. 


CHAPTER    185. 

RESOLVE  GRANTING  THE  PROPRIETORS  OF  SIX  TOWNSHIPS  EAST  OF 
THE  PENOBSCOT  RIVER  FURTHER  TIME  TO  OBTAIN  THE  APPROBA- 
TION  OF   HIS   MAJESTY. 

A  Petition  of  Samuel  Downe  and  Matthew  Thornton  in  behalf  Legislative 
of  the  Grantees  of  the  six  Townships  in  the  Territory  of  Sagade-  counrii,  xxvi., 
hock  granted  to  David  Marsh  and  Others     Praying  that  a  further  ^rchweif^' 
time  may  be  granted  them  for  obtaining  his  Majesty's  Approbation  cxTiii.,  ih,. 
of  the  Grant  of  this  Court.  Mass. 

TTt       1         n  Archives, 

[Read  and  J  rxviu.,  215. 

Resolved,  That  the  Grantees  of  the  six  Townships  east  of  Penob-  De?'rd"™th 
scot  River  granted  by  this  Court  in  March  1762  (to  David  Marsh  Council,  xxvi., 
and  others)  be  allowed  the  further  Term  of  eighteen  months  to  jouriwi',"^'' 
obtain  his  Majesties  Approbation  of  the  Grant  mentioned.     \^Passed  w-  ^'^ro'v^^ 
March  3.  .  Laws.xvii., 

575,  chap.  144. 


CHAPTEE    186. 

RESOLVE   IMPOWERING   SARAH   SYLVESTER,  GUARDIAN,  TO   SELL   REAL 
ESTATE   AND    MAKING   PROVISION    IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Sarah  Sylvester  of- Hanover  Guardian  to  her  only  Legislative 
Child  Matthew  Sylvester  a  Minor  now  in  the  14""  year  of  his  age    Set-  co™^ff  "^v^" 
ting  forth,  That  the  said  Minor  is  interested  one  sixth  part  in  a  dwell-  445. 
ing  House,  Corn  house  and  Barn  in  said  Town  which  have  no  Land  House  .Tour, 
belonging  thereto,  but  what  the  said  Buildings  cover:  that  she  hath  zttu^^'t'Tm'- 
built  a  House  on  Land  belonging  to  her  said  Son,  which  she  is  inc'e  Laws,  ii., 
unable  at  present  to  finish:  and  as  she  hath  now  an  opportunity  of      '"  "P' 
disposing  of  her  Sons  interest  in  the  forementioned  buildings,  which 
can  be  of  no  advantage  to  him  to  hold.  Praying  that  she  may  be 


200 


Province  LiAws  (Besolves,  etc.) .  —  1766-61 .  [Chaps.  187,  188.] 


enabled  to  make  Sale  of  the  same  in  order  to  finish  the  House  she 
has  set  uji  as  aforesaid. 

The  facts  set  forth  in  this  Petition  appearing  to  be  true,  there- 
fore 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  the 
Petitioner  in  her  said  capacity  as  Guardian  be,  &  hereby  is  impow- 
ered  to  make  Sale  of  the  premises  mentioned  in  this  Petition,  for. 
the  most  the  same  will  fetch,  and  to  make  and  execute  a  good  deed 
thereof  in  Law  to  the  purchaser.  She  observing  the  Eules  and  direc- 
tions of  the  Law  for  the  Sale  of  Eeal  Estate's  by  Executors  and 
Admin",  and  the  money  arising  by  the  said  Sale  to  be  applied  for 
the  purposes  mentioned  in  this  Petition:  and  that  she  give  suffi- 
cient caution  to  the  Judge  of  Probate  for  the  County  of  Plimouth 
that  the  said  Money  shall  be  applied  accordingly.    [Passed  March  S. 


CHAPTEE    187 


ORDER  ALLOWING   £14.  12.  II   TO   W  KELLOGG. 


Legislative 
Records  of  the 
Council,  xxvi., 
44B.    Mass. 
Archives, 
cxviii.,  237. 

Miiss. 
Archives, 
cxviii.,  236. 
House  Jour- 
nal, pp.  343, 345. 
Ante^  p.  198, 
chap.  1S3. 


William  Kellogg  presented  to  the  Court  an  Account  of  the 
expences  of  four  several  Journeys  from  Nobletown  to  Boston  in 
behalf  of  the  distressed  people  of  that  place,  and  thereupon  the 
following  Order  passed  viz' 

Orderd  that  the  foregoing  Account  be  accepted  &  that  there  be 
allowd  &  paid  out  of  the  publick  Treasury  unto  the  said  William 
Kellog  the  Sum  of  fourteen  pounds  twelve  shillings  &•  Eleven  pence 
in  full  for  the  same.      [Passed  March  3. 


CHAPTER    181 


RESOLVE    ALLOWING    £50    ABATEMENT    ON    THE    PROVINCE    TAXES    OF 
GLOUCESTER. 


Legislative 
Records  of  the 
Council,  xxvi., 


House  Jour- 
nal, pp.265, 34S. 


A  Petition  of  the  Selectmen  of  Gloucester  representing  their 
losses  in  the  course  of  the  last  year,  having  -lost  nine  out  of  nine- 
teen Fishing  Schooners  which  sailed  just  before  a  violent  Storm  in 
March  last,  several  others  of  them  being  much  wreckt,  besides  which 
they  lost  one  Vessel  in  the  West  Indies.  And  praying  Eelief. 
Read  &  y"  facts  sett  forth  in  the  Petition  appearing  to  be  true 
Resolved  That  y*  Prayer  of  the  Petition  be  granted  &  that  the 
Sum  of  Fifty  Pounds  be  abated  the  Town  of  Glocester  out  of  their 
Taxes  for  the  year  1766  in  consideration  of  their  Losses  &  Suffer- 
ings.    [Passed  March  4. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  201 


CHAPTER    189. 

RESOLVE    IN    REGARD    TO    INTENDED    SALES    OF    LANDS    AND    ASSESS- 
MENTS  IN   THE   DISTRICT   OF   OAKHAM. 

Whereas  the  General  Court  in  their  present  Session  resolved  Legislative 
upon  the  Petition  of  the  Inhabitants  of  Oakham  that  the  prayer  coSnc'if  xll^!* 
of  the  said   Petition  should  be  so  far  granted   that   the  present  448. 
assessors  of  the  District  of  Oakham  sliould  be  imjDOwered  to  com-  House  Jour, 
pleat  the  Collection  of  Taxes  in  said  Petition  mentioned,  as  may  253,'mio,'26i,'352'. 
at  large  appear  by  the  said  Eesolve :  But  as  some  doubt  arises  re-  ^^^^ Xio"'' 
specting  the  uotification  of  such  intended  Sales  as  are  therein  men- 
tioned :  It  is  further 

Resolved  That  the  Assessments  and  intended  Sales  therein  men- 
tioned shall  beside  their  being  posted  as  is  therein  expressed,  be 
advertised  in  one  or  more  of  the  Boston  News  papers  for  three 
weeks  Successively  three  months  before  the  time  of  Sale.  [Passed 
March  4. 


CHAPTER    190. 

ORDER  ALLOWING   £2.  U  TO   THE   COMMITTEE   ON   MUSTER  ROLLS. 

An  Account  of  a  Committee  of  the  House  of  Eepresentatives  Legislative 
appointed  the  4"'  of  June  last  to  examine  the  Muster  Rolls  in  the  councu  xxvi!^ 
Treasurers  Office  was  presented  for  allowance  Signed  Stephen  Hall  4i9- 
<jj  Order:  Whei-eupon  the  following  Order  passed.  House Jour- 

Ordered  that  the  within  Account  be  accepted,  and  that  there  be  353.'  ^^'    '     ' 
allowed  and  paid  out  of  the  public  Treasury  the  sum  of  Two  pounds, 
fourteen  shillings  to  said  Committee  within  mentioned  in  full  dis- 
charge of  said  Account.      [Passed  March  4. 


CHAPTER    191. 

RESOLVE  DIRECTING  THE  TREASURER  TO  PAY  SOLDIERS,  THEIR  AD- 
MINISTRATORS, EXECUTORS,  OR  WIDOWS  SUMS  APPEARING  UNPAID 
ON   THE   MUSTER   ROLLS. 

The  Comjiittee  appointed  to  sit  in  the  Eecess  of  the  Court  to  Legislative 
examine  the  Muster  Rolls  at  the  Treasury,  report  as  follows  viz'        coundf  xxv*!^ 

That  they  have  attended  that  Service,  and  find  that  there  now  449. 
remains  on  said  Rolls  a  number  of  Sums  amounting  in  the  wliole  House  Jour- 
to  Two  hundred  &  seventy  seven  pounds  twelve  shillings  and  one  ^t^^upl'aj^' 
penny  which  have  no  X  made  against  them,  nor  any  Receipts  given  "'^•''p-  ^'^■ 
for  the  payment  of  them.  They  further  Report  that  there  are  sev- 
eral other  Sums  which  tho'  crossed  have  no  names  signed  against 
them,  of  which  the  Committee  took  no  Account,  by  reason  that  the 
Treasurer  says  he  is  fully  persuaded  he  has  discharged  the  same. 
Signed  Stephen  Hall  |f>  Order 

[Read  and] 

Resolved  that  the  Province  Treasurer  be,  and  hereby  is  directed 
to  pay  unto  the  several  Soldiers  their  Executors,  Admin"  or  respec- 


202 


Province  Laws  (^Resolves,  etc.).  — 176(3-67.  [Chaps.  192,  l'J3.] 


tive  Widows  the  Sums  appearing  upon  the  several  Muster  Rolls  set 
against  their  names  which  remain  unpaid,  provided  they  apply  for 
the  same  within  two  years  next  ensuing.      \_Passed  March  4. 


CHAPTEE    192. 

ORDER  CONFIRMING  A  PLAN  OF   8,544   ACRES  OF   EQUIVALENT   LAND   TO 
CAPT.  HENRY   YOUNG   BROWN. 

Legislative  Tuj;  WITHIN  Plan  of  a  Tract  of  Land  containing  eight  thousand 

Recorae  of  the    f,,iiT«  «  .  tii-       r. 

Council,  xxvi.,  Ave  hundred  and  forty  four  Acres  granted  by  tins  Court  m  June 

— last  to  Henry  Young  Brown,  and  by  him  laid  out  agreable  to  said 

ma"pp.'nM46,  Grant,  bounded  as  follows  viz'  beginiug  at  the  Eastwardly  corner 
360,351.  Ante^  of  Said  Brown's  Township  near  Pigwacket,  thence  South  seventy 
'  ■  ■  eight  degrees  West  four  hundred  Rods  by  said  Town  Line  to  a  Pitch 
pine  Tree  marked  IB  1706;  thence  South  twenty  seven  degrees  East 
sixteen  hundred  &  thirty  Rods  to  a  Pitch  pine  Tree  marked  IB  1766; 
thence  North  Sixty  degrees  East  nine  hundred  &  sixty  Rods  to  a  Maple 
Tree  marked  IB  1760;  thence  North,  twenty  seven  degrees  West 
sixteen  hundred  &  seventy  two  Rods  to  the  Southeast  side  Line  of 
Col°  Josejah  Frye's  Township  in  Pleasant  pond;  thence  South  forty 
five  degrees  West  by  said  Frye's  Township  to  the  first  mentioned 
Bounds,  was  presented  for  acceptance  and  accordingly 

Ordered,  That  it  be  and  hereby  is  accepted,  and  the  Lands  therein 
contained  is  Confirmed  unto  him  the  said  Henry  Young  Brown,  his 
Heirs  &  Assigns  forever,  he  complying  with  the  conditions  of  the 
Grant;  saving  that  the  Families  settled  on  this  Grant  shall  be  under- 
stood as  part  of  the  fifty  nine  Families  he  was  obliged  to  settle  by 
the  Grant  of  his  said  Township.  Provided  the  "said  Plan  doth  not 
exceed  the  quantity  of  Eight  thousand  five  hundred  &  forty  four 
Acres  exclusive  of  allowance  for  Water  &  sag  of  Chain,  &  doth  not 
interfere  with  any  former  Grant.      [Passed  March  4. 


CHAPTEE    193, 


RESOLVE  IMPOWERING  THO"   GUSHING,  ESQ«,  GUARDIAN,  TO  SELL  REAL 
ESTATE   AND   MAKING   PROVISIONS   IN   REGARD    TO    THE   PROCEEDS. 


House  Jour- 
nal, pp.  336, 355, 


Legislative  A  PETITION  of  Thomas  Cushing  of  Boston  Esq'  Guardian  to  his 

councii'xxvi.,  two  daughters  Mary  Cushing  and  Margaret  Cushing  Setting  forth. 
That  liis  late  Brother  Edward  Cushing  dec''  devised  by  his  last  Will 
and  Testament  to  his  said  two  daughters  one  eighth  part  of  a  Ware- 
house in  Boston,  the  remaining  seven  eighths  of  which  is  the  projD- 
erty  of  the  Petitioner.  And  as  the  said  Warehouse  is  much  out  of 
repair.  Praying  that  he  may  be  impowered  to  make  Sale  of  the  said 
Children's  share  therein  he  to  be  accountable 
Read  and  the  facts  appearing  to  be  true; 

Resolved  that  the  prayer  of  the  Petition  be  granted:  and  that  the 
Petitioner  be  and  he  hereby  is  impowered  to  sell  his  Childrens  Right 
in  the  premises  mentioned  in  the  Petition  and  to  make  and  execute 
in  due  form  of  Law  a  deed  or  deeds  of  conveyance  thereof  to  such 
person  or  persons  as  shall  be  willing  to  purchase  the  same,  the  pro- 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  203 

ceeds  of  said  Sale  to  be  put  out  on  interest  for  their  benefit,  he  to 
account  with  the  said  Children  as  they  severally  arrive  at  lawful 
age  for  the  same.     {^Passed  March  5. 


CHAPTEE    194. 

ORDER   GRANTING   TO    W"   GOODHUE   LICENCE   TO   KEEP  AN   INN. 

A  Petition  of  William  Goodhue     Setting  forth     That  upon  the  Legislative 
encouragement  of  a  number  of  Gentlemen  in  Salem,  he  hath  hired  counclfxxvi* 
a  House  in  the  s**  Town  well  accomodated  for  a  Tavern,  and  hath  453.   m.-Iss. 
obtained  the  approbation  of  the  Selectmen  for  that  pur230se.   And  sajj?  "'^^''=^'-' 
praying  that  the  Court  of  General  Sessions  of  the  peace  for  the  House  .i our- 
County  of  Essex  may  be  imi^owered  to  grant  him  a  License,  the  nai,  pp.  332,351, 
time  by  Law  for  granting  Licenses  being  elapsed  notwithstanding. 

Read  & 

Ordercl  that  the  Prayer  of  the  Pet"  be  granted  &  that  the  Jus- 
tices of  the  Court  of  Gen'  Sessions  of  the  Peace  for  the  County  of 
Essex  be  &  hereby  are  empowerd  at  their  next  Session  if  they  see 
Cause  to  grant  the  Pef  a  Licence  to  keep  a  Tavern  in  Salem,  as 
prayd  for  in  the  Pet"  the  time  for  granting  Licences  by  Law  ap- 
pointed being  elapsd  notwithstanding,  he  producing  to  said  Court 
a  Certificate  of  the  Approbation  of  the  Selectmen  of  the  Town  of 
Salem.     \^Passed  March  5. 


CHAPTEE    195.  ^SiS^J^. 


Records  of  the 
Council,  xxvi., 
4.W.    Mass. 
RESOLVE   ALLOWING   THE    ACCOUNT   OF   THE   GUARDIAN   OF   THE    PUN-  Archives, 
CAPAUG   INDIANS.  xxxUi.,  413. 


Mass. 
Archives, 


Joseph  Billings  Guardian  to  the  Punkapog  Indians  presented  xxxii'Ctis. 
his  Account  from  March  1765  to  January  1767  to  the  Court  for  ho"^^  ■Jj^"."''- 
allowance :  Whereupon  the  following  Order  passed  viz'  p'roviiace  ' 

Resolvd  that  the  said  Joseph  Billings  be  further  accountable  for  geo^^iia^Tsos 
the  Sum  of  Eighteen  pounds  17/11%  accordingly.    [Passed  March  6. 


CHAPTEE    196. 

RESOLVE   ALLOWING   £3.  0.  3  TO   JOS:   HAWLEY,  ESQ. 

A  Petition  of  Joseph  Hawley  Esq'  Praying  an  allowance  for  his  Legislative 
Service  &  Expence  in  attending  a  Town  Meeting  at  Great  Barring-  cmmcif  xxvi!' 
ton  by  order  of  this  Court  in  the  last  May  Session.  456. 

[Read  and]  House  Jour- 

Resolved  that  the  Sum  of  Three  pounds  &  three  pence  be  allowed  ^n<e;  p'.'''m,^^^' 
&  paid  out  of  the  Province  Treasury  to  Joseph  Hawley  Esq'  for  his  ch.ap.33. 
Service  and  expence  in  attending  a  Town  Meeting  at  the  Town  of 
Great  Barrington  in  the  County  of  Berkshire  and  acting  as  Mod- 
erator of  the  same  as  set  forth  in  his  Petition.   And  that  the  said 


204 


Province 'LAws(Iiesolves,  etc.).  —  176(j-67.  [Chaps.  197,198.] 


Sum  of  Three  pounds  &  three  pence  be  added  to  the  said  Town  of 
Barriugton's  proportion  of  the  Province  Tax  the  next  year.  [Passed 
March  6. 


Legislative 
Records  of  the 
Council,  xxvi., 
457. 

House  Jour- 
nal, p.  362. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTEK    197. 

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

A  Petition  of  John  Read  of  Fairfield  in  the  Colony  of  Connect- 
icut Esq'  by  his  attorney  William  Read  Esq'  as  the  said  John  is 
Admin'  of  the  Estate  of  their  dec'*  Sister  Ruth  Hunn  late  of  Fair- 
field Widow  deceased  Setting  forth,  That  the  deceaseds  debts  sur- 
mount the  personal  Estates  and  Credits  the  Sum  of  Three  hundred 
and  fifty  pounds  IS/o^/i  which  cannot  be  paid  without  the  Sale  of 
Real  Estate.  That  tlie  said  Ruth  died  seized  in  fee  Simple  of  about 
nine  hundred  Acres  of  Land  in  the  District  of  Ware,  leaving  no 
issue,  or  other  Heirs  except  Brothers  and  Sisters,  who  they  the  said 
John  &  William  verily  believe  are  all  content  it  should  be  sold,  it 
being  generally  unimproved  &  yielding  no  profit.  And  praying  that 
he  the  said  Admin'  may  be  impowered  to  sell  the  said  Lands  in 
Ware,  or  so  much  of  them  as  shall  be  sufficient  to  pay  the  debts 
afores'' 

The  facts  set  forth  in  said  Petition  appearing  to  be  true.  There- 
fore 

Resolved  that  the  said  John  Read  Admin'  of  the  Estate  of  Ruth 
Hunn  mentioned  in  this  Petition  be,  and  hereby  is  impowered  to 
make  Sale  of  so  much  of  the  Lands  in  said  District  of  Ware  which 
belonged  to  the  said  Ruth  as  will  raise  the  Sum  of  Four  hundred 
pounds  lawful  money  to  pay  and  discharge  the  just  debts  of  the 
said  deceased ;  as  well  the  debts  that  are  due  in  this  Province,  as 
those  that  are  due  in  the  Colony  of  Connecticut,  and  all  necessary 
charges  arising  on  said  Sale-  And  he  is  hereby  authorized  in  his  own 
name  to  make,  Seal,  and  execute  good  &  sufficient  deed  or  deeds  in 
the  Law  to  pass  the  Estate  in  s"*  Lands  to  the  purchaser  or  pur- 
chasers thereof;  he  observing  the  Rules  and  directions  of  the  Laws 
of  this  Province  for  the  Sale  of  Real  Estates  by  Exec"  &  Admin" 
and  giving  proper  caution  to  the  Judge  of  Probate  for  the  County 
of  Hampshire  that  the  monies  arising  by  such  Sale  be  applied  to 
the  pui'ijoses  mentioned,  and  the  remainder,  if  any  be,  to  be  duly 
distributed  to  &  among  the  legal  Representatives  of  the  deceased 
according  to  the  directions  of  the  Laws  of  this  Province.  [Passed 
March  6. 


CHAPTEK    198. 

RESOLVE  IMPOWERING  THO"   CDMMINGS,  ADM",  TO   SELL   REAL   ESTATE 
AND   MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 


Legislative  A  PETITION  of  Thomas  Cummings  Admin'  of  the  Estate  of  Thomas 

Council, xxvi.,  Cummiiigs  late  of  Topsfield  dec*  Intestate,  and  of  Joseph  Cummings 

t!!?^ .  &  Ann  Cummings  Guardians  to  Rhoda,  Abraham,  Josiah,  Stephen, 

naT'pp"'23o'^364  Daniel  and  Asa  Cummings  Minors,  Children  of  the  said  deceased  Set- 
see.'  Province'  ting  forth  That  the  said  deceaseds  debts  surmount  his  personal  Estate 
ciiap!'io.''  "  '     the  Sum  of  £G1. 13. 7% ;  that  a  considerable  part  of  the  deceaseds  Real 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 17<)()-67.  205 

Estate  is  poor  Land,  and  will  not  admit  of  a  Division  among  the  Heirs 
who  are  eleven  in  number,  and  those  of  them  who  are  of  age  are  desir- 
ous of  selling.  And  praying  that  the  said  Administrator  singly  or  the 
Petitioners  jointly  may  be  impowered  to  make  Sale  of  the  said  de- 
ceaseds whole  Eeal  Estate  in  Topsfield  aforesaid  containing  about 
fifty  four  Acres;  the  Minors  shares  after  payment  of  the  debts  afores* 
to  he  improved  at  interest  for  their  benefit. 

The  facts  set  forth  in  this  Petition  appearing  to  be  true ;  therefore 
lietiolved  that  the  prayer  of  this  Petition  be  granted,  and  the  Peti- 
tioner is  hereby  impowered  in  his  said  capacity  to  make  Sale  of  the 
whole  of  the  Real  Estate  of  the  said  deceased  as  mentioned  in  this 
Petition  for  the  most  the  same  will  fetch,  provided  the  legal  Heirs 
to  said  Estate  that  are  of  lawful  age  join  with  the  said  Petitioner 
in  the  said  Sale,  and  to  make  and  execute  a  good  deed  or  deeds  in 
the  Law  to  the  purchaser  or  purchasers ;  he  observing  the  Rules  and 
directions  in  the  Law  relating  to  the  Sale  of  Real  Estates  by  Exec- 
utors &  admin",  and  the  monies  arising  by  said  Sale  to  be  applied 
to  the  purposes  mentioned  in  this  Petition :  and  that  tlie  petitioner 
give  sufficient  caution  to  the  Judge  of  Probate  for  the  County  of 
Essex  for  the  application  thereof  accordingly.     [Passed  March  7. 


CHAPTEE    199. 

RESOLVE  IMPOWERING  THE  P^  PARISH   IN  THE   TOWN  OF  HAVERHILL 
TO   CHOOSE   A  COLLECTOR  OF  TAXES. 

A  Petition  of  the  first  Parish  in  Haverhill,  praying  that  they  Legislative 
maybe  impowered  to  appoint  a  suitable  Person  to  collect  the  Taxes  councff  x  x  vi'^ 
for  the  Year  1765,  the  Collector  chosen  for  that  purpose  being  infirm  isa.    House  ' 
and  unable  to  perform  his  Duty.  Journal,  p.  346. 

[Read  and]  ^ZvAm"^- 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that 
the  Inhabitants  of  the  first  parish  of  Haverhill  be,  &  hereby  are 
fully  authorized  at  a  Parish  Meeting  called  for  that  purpose  to  choose 
a  suitable  person  to  collect  the  outstanding  Taxes  that  are  borne  on 
the  Tax  Bills  committed  to  Joshua  Sawyer  to  collect  A.D.  1765  who 
is  represented  infirm  and  unable  to  compleat  said  Collection.  And 
the  person  so  chosen  shall  be  vested  with  all  the  powers  and  Authority 
to  collect  the  same  that  the  Collectors  of  Taxes  by  Law  are  vested 
withal :  and  is  hereby  directed  and  required  to  pay  in  his  Collections 
to  the  Treasurer  to  wliom  the  same  are  payable,  and  finish  his  Col- 
lections and  settle  his  accounts  with  said  Treasurer  by  the  last  day 
of  August  next:  And  the  said  Treasurer  is  hereby  directed  not  to 
issue  his  Execution  in  the  meantime.     [Passed  March  7. 


CHAPTEE    200. 

RESOLVE  SETTING  OFF   CERTAIN  PERSONS  WITH  THEIR  ESTATES  FROM 
THE  EASTERLY  TO   THE   FIRST  PRECINCT  IN  MENDON. 

A  Petition  of  Nathan  Tyler  and  John  Tyler  both  of  Mendon  LeRieiative 
and  of  Nathan  Tyler  of  Upton     setting  fortli  That  they  are  pos-  coundf  xlv'i'^ 
sessed  of  a  Tract  of  Land  with  Buildings  &  improvements  thereon  463. 


206  Province  Laws  {Resolves,  etc.).  — 1766-67.  [Chaps.  201,  202.] 

House  Jour-      lying  in  said  Mendon,  which  wlien  the  Easterly  Precinct  was  set  off, 

nal,  pp.  354|  367.     -'O  '  1-11  I'lii  ^r»  1-1 

Province  were  annexed  thereto,  and  there  did  duty  till  the  year  1 158,  at  which 

ciMpf'i27.'''    '  time  upon  application  to  said  precinct,  they  discharged  them  from 
said  duties  and  they  have  ever  since  been  assessed  towards  all  pre- 
cinct Charges  in  the  first  precinct  in  said  Town.  And  praying  that 
they  may  be  set  off  to  the  said  first  Precinct. 
Eead  and 

Resohted  that  Nathan  Tyler  &  John  Tyler  both  of  Mendon  with 
their  Lands  and  Estates  lying  within  the  Easterly  precinct  of  said 
Mendon,  together  with  the  Estate  of  Kathan  Tyler  of  Upton  lying 
in  the  said  Precinct  be,  and  hereby  are  set  off  from  the  said  East- 
erly precinct  in  Mendon  to  the  first  precinct  in  said  Mendon,  there 
to  do  duty  and  receive  privileges  in  the  same  manner  they  would 
have  done  had  they  not  been  included  or  set  off  to  said  Easterly 
Precinct.      ^Passed  March  7. 


CHAPTEK    201. 

RESOLVE  IMPOWERING  ABRAHAM   SAWYER,  GUARDIAN,  TO   SELL  REAL 
ESTATE   AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

Refords'of  tiie       ^  PETITION  of  Abraham  Sawyer  Guardian  to  Anna  Sarah  and 
Council,  xxvi.,  Abigail  Sawyer  Minors  Children  of  his  Brother  John  Sawyer  late 

^— of  Newbury  deceased     setting  forth     That  the  said  deceased  left 

na"pp!3uM-2o,  ^^o  other  Estate  to  his  said  Children  but  about  two  Acres  of  Land 
366.'  Province'  with  0116  half  of  a  Very  old  House,  and  a  very  small  old  Barn  both 
chap.'io.''     '     in  a  ruinous  condition,  and  lying  in  a  remote  part  of  the  Town  of 
Newbury,  which  can  be  of  little  advantage  to  the  said  Minors.  And 
praying  that  he  may  be  imjjowered  to  sell  the  same,  and  improve 
the  money  it  shall  produce  at  interest  for  their  use  and  benefit. 
The  facts  set  forth  in  this  Petition  appearing  to  be  true ;  therefore 
Resolved  That  the  prayer  of  this  Petition  be  granted  and  that  the 
Petitioner  in  his  said  capacity  be,  &  he  hereby  is  impowered  to  make 
Sale  of  the  premises  mentioned  in  this  Petition  for  the  most  the 
same  will  fetch,  and  to  make  and  execute  a  good  deed  in  Law  to 
the  purchaser,  lie  observing  the  Rules  and  directions  in  tlie  Law  for 
the  Sale  of  Real  Estates  by  Exec"  and  Admin",  and  the  monies 
arising  by  such  Sale  to  be  put  to  interest  for  the  benefit  of  the  law- 
ful Heirs.  And  that  the  Petitioner  give  sufficient  caution  to  the 
Judge  of  Probate  for  the  County  of  Essex  for  the  aj)plicatiou  thereof 
accordingly.      [Passed  March  9. 


CHAPTEE    202. 

RESOLVE  IMPOWERING  DAV"  STOCKBRIDGE,  GUARDIAN,  TO   SELL  REAL 
ESTATE   AND   MAKING   PROVISION    IN   REGARD   TO   THE   PROCEEDS. 

Legislative  ^  PETITION  of  David  Stockbridge  of  Hanover  Guardian  to  Luther 

Council,  xxvi.,  Stetson  a  Minor  Son  of  Job  Stetson  late  of  Scituate  deceased     Set- 
ting forth  That  the  said  Luther  owns  one  quarter  part  of  about 


nai^ppfatMis  fo''^y  -■^cres  of  Land  lying  in  Scituate,  with  one  quarter  part  of  a 
3-29,'346,'366.'    "  dwelling  House  standing  on  the  same ;  that  it  cannot  well  be  divided ; 


[3d  Sess.]     Province  'LxYfs  (Resolves,  etc.).  — 1766-67.  207 

that  the  Fences  are  in  a  ruinous  condition,  and  the  House  will  soon  Province 
want  Repairs.  Therefore  praying  that  he  may  be  impowered  to  sell  chap.'io.' 
the  said  Minors  share  in  the  said  Estate,  and  improve  the  money  it 
shall  fetch  at  interest  for  his  benefit. 

The  facts  set  forth  in  said  Petition  appearing  to  be  true :  Therefore 
Resolved  that  David  Stockbridge  Guardian  to  Luther  Stetson  a 
Minor,  be,  and  hereby  is  impowered  to  make  Sale  of  the  said  prem- 
ises mentioned  in  this  petition  for  the  most  the  same  will  fetch ;  and 
to  make  and  execute  a  good  deed  or  deeds  of  the  same  to  the  pur- 
chaser, he  observing  the  rules  and  directions  in  the  Law  for  the 
Sale  of  Real  Estates  by  Executors  and  Admin",  and  the  monies 
arising  by  said  Sale  to  be  put  on  interest  for  the  benefit  of  tlie  said 
Liither:  And  that  he  give  sufficient  caution  to  the  Judge  of  Probate 
for  the  County  of  Plimouth  for  the  application  thereof  accordingly. 
{^Passed  March  9. 


CHAPTER    208. 

RESOLVE  IMPOWERING  THE  SUPERIOR  COURT  OF  JUDICATURE,  ETC., 
TO  RECOMMIT  THE  REPORT  OF  THE  REFEREES  IN  REGARD  TO  A 
CERTAIN    ACTION. 

A  Petition  of  Sylvester  Gardiner  Esq'    Setting  forth  That  he  Legislative 
had  a  dispute  with  Humphrey  Purrington  &  Others  about  the  Title  c^Sncu",  xxl*!!; 
of  a  Tract  of  Land  in  George  Town  in  the  County  of  Lincoln  for-  3-3. -tee.' 
merly  the  Estate  of  Job  Lewis  Esq''  which  was  submitted  to  a  Rule  Legislative 
of  Court  in  June  Term  1765  to  the  final  determination  of  certain  councu.xxvL, 
Referrees  who  gave  in  their  award  &  the  same  was  received  by  the  j^*^*^^']  House 
Court;  but  that  it  appears  by  the  Plan  taken  by  order  of  Court,  and  pp. iss, Ido, lai, 
Letters  of  the  several  referrees  since,  that  there  was  a  mistake  made     "'     '     '  '  ' 
in  bounding  the  said  Tract  of  Land:  And  praying  that  the  said 
Referrees  may  be  impowered  to  sit  again ;  and  make  such  alteration 
in  their  award  as  shall  conform  to  their  own  determination,  and  put 
a  final  end  to  the  Controversy. 

Read  and 

Resolved  that  the  Superior  Court  of  Judicature,  Court  of  Assize 
and  General  Goal  delivery  be,  and  hereby  are  authorized  and  impow- 
ered at  their  next  sitting  at  Falmouth  within  and  for  the  Counties 
of  Cumberland  and  Lincoln  on  the  fourth  Tuesday  of  June  next 
to  recommit  the  Report  made  by  the  Hon'''''  Benjamin  Lincoln, 
Jeremiah  Powell  and  Francis  Waldo  Esq"  Referrees  appointed  in 
an  Action  of  Trover  between  the  said  Gardner  &  Hinkley  &  others, 
as  also  for  settling  the  Bounds  of  a  Farm  formerly  Job  Lewis's  at 
the  last  Superior  Court  &c  held  at  said  Falmouth  in  June  last,  which 
Report  was  then  and  there  accepted  by  said  Court,  so  that  the  said 
Referrees  may  correct  a  mistake  made  by  them  in  describing  the 
Easterly  bounds  of  the  said  Farm  by  which  a  Tract  of  Meadow  or 
Swamp  Land  was  intended  by  said  Referrees  to  have  been  included ; 
but  as  described  in  said  Report  may  admit  of  a  doubt :  And  the  said 
Court  are  hereby  authorized  and  impowered  to  accept  said  Report 
after  its  being  amended  as  aforesaid  in  the  same  manner  they  would 
have  done  had  the  former  Report  never  been  accejited  by  said  Court, 
and  to  enter  up  Judgment  thereupon  accordingly.    [Passed  March  9. 


208 


Province  Laws  {Besolves,  etc.).  — 1766-67.  [Chaps.  204,  205.] 


CHAPTEK    204, 


ORDER    APPOINTING    A    COMMITTEE    IN    REGARD    TO    BOUNDARY    LINE 
BETWEEN  THIS  PROVINCE  AND  NEW   HAMPSHIRE. 


Legislative 
Keeords  of  the 
Council,  xxvi., 
454.    Mass. 
Archives,  vi., 
35-2. 

Legislative 
Records  of  the 
Courcll.xxvi., 
276,  341.    House 
.Journal,  pp.  82, 
83,  347,  358,  861, 
362.    Province 
Laws,  xli.,  706, 
chap.  92;  xiii., 
272,  chap.  82; 
289,  chap.  125; 
S48,  chap.  224; 
650,  chap.  169. 
Ante^  p.  43, 
chap.  82; 
p.  106,  chap. 
222;  p.  140, 
chap.  55. 


The  Cojimittee  to  whom  was  referred  the  Eeport  of  Col°  Bagley 
aucl  Others  relative  to  the  Boundary  Line  between  this  Province 
and  that  of  New  Hamj^shire  together  with  the  evidences  accompany- 
ing the  same;  are  humbly  of  opinion  that  the  evidences  aforesaid 
relative  to  the  said  Line  be  forthwith  Eecorded  in  the  Province 
Records,  as  well  as  jDroperly  filed  in  the  Secretary's  Office,  together 
with  the  plan  and  that  Cojjies  of  the  whole  proceeding  with  the 
evidences  aforesaid  be  by  the  Secretary  transmitted  to  some  suitable 
person  appointed  by  this  Court,  by  him  to  be  laid  before  the  proper 
Boards  in  Great  Britain,  and  there  to  prosecute  the  affair  till  a  final 
determination  be  obtained.  lu  the  mean  time  that  a  Committee  be 
appointed  by  this  Court  to  treat  with  the  proprietors  of  Masons 
Grant  so  called,  as  their  Claim  extends  upwards  of  twenty  Miles 
upon  the  said  Line,  and  make  Eeport  to  the  General  Court  at  their 
Session  in  May  next.     All  which  is  humbly  submitted. 

Signed  Bexj""  Lixcolx  ^  Order 

In  the  House  of  Eepresentatives  Eead  &  accepted  and 

Ordered  that  the  papers  mentioned  in  the  Eeport  be  transmitted 
by  the  Secretary  to  some  person  in  London  to  be  chosen  by  joint 
Ballot  of  the  two  Houses  for  the  purjjoses  mentioned.  And  that 
Cap'  Gowen,  and  Cap'  Henry  Young  Brown  with  such  as  the  Hon'"''' 
Board  shall  join  be  a  Committee  to  treat  with  the  proiDrietors  of 
Mason's  Grant  so  called  accordingly.  Said  Committee  to  report  to 
the  General  Court  at  their  Session  in  May  next. 

In  Council.  Eead  and  Concurred  and  John  Bradbury  Esq'  is  joined 
in  y"'  affair. 

In  the  House  of  Eepresentatives  Eead  and 

Ordered  that  Col°  Bagley  be  of  the  Committee  in  room  of  Cap' 
Henry  Young  Brown,  and  that  the  Committee  be  instructed  to  col- 
lect all  the  proceedings  relative  to  the  settling  and  running  the  said 
Line  in  1741  &  other  necessary  Evidence  to  be  transmitted  to  the 
person  to  be  chosen. 

In  Council  Eead  and  Concurred.     \^Passed  March  10.^ 


CHAPTEE    205. 

RESOLVE  DEDUCTING   £3.  14. 6    FROM    PROVINCE    TAX    OF    GREAT    BAR- 
RINGTON  AND   ADDING   IT  TO   TOWN  OF  SHEFFIELD. 


Legislative 
Records  of  the 
Council,  xxvi., 
469. 

Legislative 
Records  of  the 
Council,  xxvi., 
198.    House 
Journal, 
pp.  325, 326, 357. 


A  Petition  of  Israel  Dewey  &  others  Selectmen  of  Great  Barring- 
ton  Setting  forth  That  the  Towns  of  Sheffield,  Great  Barrington 
and  Egremont  are  joined  by  Law  in  the  choice  of  EejDresentatives 
&  were  to  be  assessed  in  proportion  towards  their  pay ;  but  that  they 
apprehend  there  lias  been  some  mistake  in  proportioning  the  same 
this  year,  and  that  Great  Barrington  has  been  over  rated.  And  pray- 
ing relief. 

'  This  date  is  according  to  Mass.  Archives;  according  to  Legislative  Records  of  the 
Council  and  the  House  Journal  the  date  is  March  6. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  209 

Eead  and  it  appearing  that  the  facts  set  forth  in  this  Petition  P™^g'°««  ^^ 
are  true,  and  that  there  was  a  mistake  in  apportioning  the  Repre-  chap.  6;  995, ' 
sentatives  pay  in  the  Towns  of  Slieffield  and  Great  Barrington,  the  °°"*- 
Town  of  Sheffield's  Just  proportion  being  £17.9.6  and  the  Town  of 
Great  Barringtons  but  £9.15.6  so  that  it  appears  that  Great  Barring- 
ton  paid  £3.14.6  more  than  its  Just  proportion.  Tlierefore 

Resolved  that  said  Sum  of  Three  pounds,  fourteen  shillings  and 
six  pence  be  deducted  out  of  the  Town  of  Great  Barriugton's  Prov- 
ince Tax  in  the  next  Tax  Bill,  and  added  to  the  Town  of  Sheffield. 
[^Passed  March  10. 


CHAPTER    206. 

ORDER  ALLOWING  £11.  10  TO  THE  COMMITTEE  IN  REGARD  TO  A  BRIDGE 
AT   WESTFIELD. 

The  Committee  [appointed  on  the  petition  of  the  town  of  West-  ^^'^I?'"® .^ 
field  in  regard  to  a  bridge]  presented  an  Account  of  their  time  and  council,  xxvi., 
expence  in  going  to  Westfield  to  view:  Upon  which  the  following  ""' 
Order  passed  viz'  _ 

Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas-  councTf.xxvi., 
ury  to  the  several  persons  named  in  the  within  Account  the  several  House  Jou'r-' 
Sums  set  against  their  respective  names  amounting  in  the  whole  to  gfo'siy' 330*343 
the  Sum  of  Eleven  pounds  ten  shillings;  and  that  the  same  be  ap-  sts!  ProviucB' 
portioned  on  the  several  Towns  and  Districts  in  the  County  of  Hamp-  J^'notes!' ""'" 
shire  in  the  next  Province  Tax.      \_Passed  March  10. 


CHAPTER    207. 

ORDER  DIRECTING  THE    PROVINCE    TREASURER    TO    PREPARE    A    LIST 
OF  DEBTS   DUE   THE   PROVINCE   AND   PUBLISH   THE   SAME. 

Ordered  that  the  Province  Treasurer  be,  and  hereby  is  directed  fe*'^'^|j*''^(.h 
to  prepare  a  List  of  debts  due  from  the  several  Towns  and  Districts  Council,  xxvi., 

within  this  Province  in  the  late  Treasurer  Foye's  day,  and  publish  til 

the  same  in  all  the  Boston  News  papers  that  so  the  several  Towns  ^il]'^?f  "37°4"''" 
and  Districts  and  the  Sheriffs  to  whom  Executions  have  been  com-  Province 
mitted  may  be  notified  that  they  may  shew  cause  on  the  second  chap.'m'     ' 
Wednesday  of  the  next  May  Session  of  the  General  Court  why  the 
same  has  not  been  paid  into  the  Treasury.     \^Passed  March  11. 


CHAPTER    208. 

ORDER  DIRECTING   THE    PROVINCE    TREASURER    TO    NOTIFY   PERSONS 
INDEBTED   TO  THE   PROVINCE  TO    SETTLE    ON    OR    BEFORE   JUNE   10, 

1867. 

Ordered  that  the  Province  Treasurer  be,  and  hereby  is  directed  Legislative 
publickly  to  notify  all  such  persons  as  are  indebted  to  this  Prov-  conncu.xxvif, 

ince  upon  Bond  payable  in  or  before  the  year  1764  that  unless  they  l^i: 

discharge  the  same  on  or  before  the  10""  of  June  next,  their  Bonds  ^°^^  l^^- 


210 


Provinck  IjAws  (Besolves,  etc.).  — 1766-67.  [Chaps.  20it,  210.] 


Ante^l 
chap.  \ 


will  be  put  in  Suit.  And  that  the  said  Treasurer  also  notify  Timothy 
Ruggles,  and  Oliver  Partridge  Esq"  to  pay  the  several  balances 
which  appeared  to  be  due  from  them  on  their  return  from  the  late 
Congress  at  New  York,  on  or  before  the  said  10*  of  June  nest. 
[Fassed  March  11. 


CHAPTEK    209. 


RESOLVE  CONFIRMING  1,501  ACRES,  70  PERCH   OF  LAND   TO   THE   HEIRS 
OF   REV"  THOMAS   COBBET. 


Legislative 
peuords  of  the 
Council,  xxvi., 
473.    Mass. 
Archives,  xlv., 
478. 

Legislative 
Records  of  the 
Council,  xxvi., 
248,249.    House 
Journal,  pp.  65, 
71,72,346,347, 
368, 376,  377. 
Ante,  p.  46, 
chap.  87. 


Whereas  on  the  34*  of  June  1765  the  General  Court  made  a 
Grant  to  the  Heirs  and  Assigns  of  the  Rev'^  M'  Thomas  Cobbet 
(called  by  mistake  in  said  Grant  Corbet)  of  fifteen  hundred  acres 
of  Land  to  be  laid  out  and  a  plan  thereof  returned,  as  in  said  Grant 
mentioned.  And  Whereas  in  the  Month  of  June  last  two  Plans  were 
returned,  and  the  Land  described  therein  confirmed  to  the  said  Heirs 
and  their  assigns  excepting  that  his  Excellency  by  reason  of  some 
informality  did  not  Sign  the  Resolve  of  Confirmation. 

Resolved  That  the  two  Plans  aforesaid  hereto  annexed  viz'  One 
of  them  taken  by  Samuel  Taylor  Surveyor  &  Jonathan  White  and 
Josiah  Ballard  Chainmen  and  dated  Charlemont  August  15"'  1765 
and  describing  a  Tract  of  Land  containing  One  thousand  and  one 
acres  and  seventy  perches;  the  other  taken  by  Moses  Hawks  Sur- 
veyor &  Jonathan  White  &  Asaph  White  Chainmen  &  dated  Charle- 
mont March  2''  1766  and  describing  a  Tract  of  five  hundred  acres: 
both  which  Tracts  adjoin  to  each  other  and  contain  together  fifteen 
hundred  &  one  Acres  &  seventy  perches  and  bounded  as  follows  Viz' 
Begining  at  an  angle  in  Othniel  Taylor's  Country  Grant,  and  thence 
runing  on  said  Grant  South  forty  five  degrees  West  two  hundred 
and  eighty  four  perch  to  a  Maple  Tree ;  thence  West  nineteen  degrees 
North  two  hundred  and  twelve  perch  thence  South  thirty  three  & 
an  half  degrees  West  two  hundred  and  seventy  three  perch ;  thence 
East  on  Ashfield  former  Line  four  hundred  perch  and  on  the  same 
Line  Six  hundred  and  twenty  five  perch ;  thence  North  fourteen 
degrees  East  One  hundred  &  eighty  four  perch  on  Deerfield  Line ; 
thence  West  nineteen  degrees  North  five  hundred  and  forty  five 
perch  on  Jesse  Wyman's  Land  to  the  first  mentioned  Line  contain- 
ing the  Fifteen  hundred  and  one  Acres  &  seventy  perch  aforesaid ; 
be  and  hereby  are  accepted,  and  the  said  described  Land  is  hereby 
confirmed  unto  the  Heirs  and  assigns  of  the  Rev''  M'  Thomas  Cobbet 
and  to  their  Heirs  and  assigns  forever;  provided  the  quantity  does 
not  exceed  fifteen  hundred  and  one  Acres  &  seventy  perch,  and  does 
not  interfere  with  any  former  Grant.      \^Passed  March  12. 


CHAPTER    210. 

ORDER   ALLOWING   ABIG"-  SKINNER  THE  WAGES   DUE   HER   HUSBAND. 


Kecords'of  the  A  PETITION  of  Abigail  Skinner  of  Lynn  Widow  setting  forth  That 
c_ouncii,xxvi.,  her  late  husband  Joseph  Skinner  of  Lynn  inlisted  in  his  Majesty's 
ArchWes?"  Service  and  the  pay  of  this  Province  in  1758  under  Cap'  Jeremiah 
ixxx.,  626.        Richards,  and  died  soon  after  his  Return  home  before  the  pay  Roll 


[3d  Sess.]     Province  Laws  (Hesolves,  etc.).  —  1766-(J7.  211 

was  made  up,  nor  did  he  ever,  or  any  person  for  him  receive  any  House  .lour- 
jjay  for  his  said  Service.  And  praying  an  allowance.  °'' ' ''' 

Read  & 

Orderd  that  the  Prayer  be  granted  &  that  the  Wages  due  to  Joseph 
Skinner  of  Lyn  dec''  on  the  Roll  referrd  to  in  the  Petition  be  allowd 
&  paid  out  of  the  publick  Treasury  into  the  Hands  of  M'  Ebeneser 
Burrill  of  Lyn  for  the  use  of  the  Petitioner.     [^Passed  March  12. 


CHAPTER    211. 

VOTE  APPOINTING  DENNYS   DE    BERDT    TO    RECEIVE    THE    PAPERS    IN  Legislative 
REGARD  TO   THE   LINE   BETWEEN   THIS   PROVINCE   AND   NEW   HAMP-  Kecords  of  the 

CHTPTJ  Council,  XXVI., 

Archives,  v., 

The  two  Houses  according  to  Agreement  proceeded  to  the  choice  "-^-^-^ 

of  a  person  to  lay  before  the  proper  Boards  in  Great  Britain  the  Evi-  Rlfords'of'the 
dence  concerning  the  running  the  New  Hampshire  Line  in  1741  and  ^^""gss'' g^^je 
to  prosecute  the  affair  till  a  final  determination  be  obtained.  And  the  Journal,  p.  ssj. 
votes  being  collected  and  sorted,  it  appeared  that  Dennys  De  Berdt  La\vB°xti.,559, 
Esq''  was  chosen  by  a  great  Majority.      \^Passed  March  12.  ^'Se' ^**ins 

chap'.  -204. 


CHAPTER    212. 

RESOLVE    GRANTING    500   ACRES    OF    EQUIVALENT   LAND   TO   S.   WATTS, 
ESQ",   AND   OTHERS. 

The  FOLLOWING  Order  passed  in  consequence  of  a  Petition  of  Legislative 
Samuel  Watts  Esq'  and  others  who  in  June  1752  purchased  a  Tract  counc'if.xxTi!^ 
of  Land  of  the  Government,  since  known  by  the  name  of  Royalshire 


[praying  an  Equivalent  to  make  good  their  purchase]  viz'  Reforda'of the 

Resolved  that  there  be  granted  to  Samuel  Watts  Esq'  &  others,  Council,  xxv., 
the  Original  Proprietors  of  Royalston,  five  hundred  acres  of  the  HoiiseYou'r'''' 
unappropriated  Lands  of  this  Province  in  lieu   of  four  hundred  nai,  p^378. 
Acres  claimed  by  Samuel  Hunt  and  others,  as  in  their  Petition  Laws,  xiv.,  644, 
mentioned.   Provided  they  return  a  plan  taken  by  a  Surveyor   &  <^'"'v-*"- 
Chainmau  under  Oath  within  twelve  Months  into  the  Secretary's 
Office  for  Confirmation.     [^Passed  March  12. 


CHAPTER    213.  ^''siBiative 

Records  ot  the 
Council,  xxvi., 

VOTE   CHOOSING   COMISSARIES    TO    SETTLE    THE    LINE    BETWEEN    THIS  Areh?vea^''iv 
PROVINCE   AND   NEW   YORK.  211. 


The  TWO  Houses  according  to  agreement  proceeded  to  the  choice  councif  xxvi' 
of  three  Persons  by  joint  ballot  to  act  in  conjunction  with  Such  468  6js,  47.5. 
Persons  as  may  be  appointed  by  the  Government  of  New  York  in  na"u  p^  s^""^ 
settling  the  Boundary  Line  between  the  two  Provinces.   And  the  £a'wsTv.  993 
Votes  being  collected  and  sorted  it  appeared  that  the  hon''^  Tho'  chap.'23;'xv.,' 
Hutchinson  and  William  Brattle  Esq"  and  Cap"  Edward  Sheaffe      •"  "*?•" 
were  chosen  by  a  majority  of  Votes.     [Passed  March  IS. 


212 


Province  Liaws  (^Hesolves,  etc.) .  —  17t)G-(i7.  [Chaps.  214-216.] 


CHAPTEE    214. 

ORDER  ALLOWING   £7.6  TO   SETH  WILLIAMS. 

KefordBolthe       ^  PETITION  of  Setli  Williams  of  Taunton     setting  forth     That 
Council,  xxvi.,  he  was  employed  as  imder  Sheriff  for  the  County  of  Bristol  in  the 

*— year  1757  to  summon  Witnesses  living  in  divers  Towns,  some  of 

nai"pp!ai5y369,  them  in  the  remotest  part  of  the  County  to  attend  the  General 
.m   P™yi°ce   Court  on  a  hearing  before  them  relative  to  Col°  Thomas  Gilbert 
chap.'3b2.  '     '  for  which  Service  he  hath  received  no  recompence    And  praying  an 
allowance  agreable  to  his  account  exhibited. 

It  appearing  that  the  facts  set  forth  in  this  Petition  are  true. 
Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Sum  of  Seven  pounds  and  six  pence  be  paid  out  of  the  public 
Treasury  to  Seth  Williams  the  petitioner  in  full  for  his  Account 
herewith  exhibited,  and  as  set  forth  in  this  Petition.  [Passed 
March  13. 


Legislatlre 
Records  of  the 
Council,  xxvi., 
480.     M.168. 
Archives, 
xxxiii.,  405. 

House  Jour- 

n!vl,pp.348,384. 
Province 
Laws,  xvii., 
360,  chap.  305. 


CHAPTEE    215. 

RESOLVE   ALLOWING    TO    NATH^-   HOUGHTON    EXPENSES    FOR    SUPPORT 
OF   INDIANS. 

The  FOLLOWING  Order  passed  on  the  Petition  of  Nathaniel 
Houghton  of  Milton  [praying  that  he  may  be  allowed  for  his  Ex- 
pences  in  supporting  one  Betty  Pumpum,  an  Indian,  and  her  Child,] 
viz' 

ResoWd  That  M'  Joseph  Billings  Guardian  to  the  Punkpaug 
Indians  pay  unto  Nathaniel  Houghton  the  Sum  of  Six  Pounds  Four 
Shillings,  in  full  Discharge  of  his  Account  for  keeping  And  nursing 
Betty  Puniphum  in  her  last  Sickness  and  Funeral  and  also  for  keep- 
ing her  Child  Thomas  to  the  first  Day  of  March  Instant,  and  also 
a  further  Sum  of  Four  Pounds  Sixteen  Shillings  and  Nine  Pence 
to  Discharge  Doct'  Holdens  Bill  against  Said  Houghton  respecting 
the  Said  Betty.  Out  of  the  Monies  belonging  to  the  Punkapaug 
Indians.  And  that  the  Said  Joseph  Billings  make  further  Provision 
for  the  Support  of  the  Said  Child  in  the  cheajjest  manner  he  can. 
\_Passed  March  13. 


CHAPTEE    216, 


ORDER  DISCHARGING  THE  COMMITTEE  IMPOWERED  TO   SELL  LANDS   IN 
PLYMOUTH   COUNTY. 


Legislative 
Records  of  the 
Council,  xxvi., 

481.    Mass. 
Archives, 
xlvi.,  530. 

Mass. 
Archives, 
xlvi.,  529. 
House  Jour- 
nal.pp.  271,272, 
273,384.    Ante, 
p.  fl5,  chap. 


The  CoMiiiTTEE  impowered  to  make  Sale  of  the  Province  Lands 
lying  in  the  County  of  Plymouth,  and  also  to  sue  for  the  possession 
of  such  as  are  in  the  hands  of  persons  that  shall  refuse  to  deliver 
the  same  to  the  Province,  have  attended  that  service  and  beg  leave 
to  report  as  follows  viz'  That  they  repaired  to  the  Town  of  Roches- 
ter and  Sold  the  following  Lands  belonging  to  the  Province  to  the 
highest  bidder  at  public  Vendue  and  gave  deeds  accordingly:  One 
hundred  and  twelve  Acres  of  Land  formerly  William  Griffin's  to 
John  Purges  for  the  Sum  of  £33  of  which  Sum  he  paid  the  Com- 


[3d,  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  213 

mittee  £2.8  and  gave  his  Bond  with  Sureties  for  the  Sum  of  £29.12/ 
payable  to  the  Province  Treasurer  the  3''  day  of  April  next  with 
lawful  Interest  for  the  same.  One  hundred  and  ten  Acres  formerly 
part  of  Samuel  Sprague's  deceased  homestead  to  Nath'  Sprague  for 
the  Sum  of  £67  of  which  he  paid  £8  and  gave  Bond  with  Sureties 
for  tlie  Sum  of  £59  payable  to  the  Province  Treasurer  the  S""  of  April 
next  with  lawful  Interest  for  the  same.  One  hundred  and  fifty  Acres 
formerly  Lemuel  Little's  deceased  to  Joseph  Haskell  for  £45  for 
which  he  gave  his  Bond  with  Sureties  payable  to  the  Province  Treas- 
urer the  S*  day  of  April  "next.  One  hundred  &  one  Acres  formerly 
Jolin  Blackmore's  deceased  to  Edward  Morse  for  £15  of  which  he 
paid  15  shillings  and  gave  his  Bond  with  sureties  for  £14.5  payable 
to  the  Province  Treasurer  the  S'^  day  of  April  next  with  lawful  Inter- 
est for  the  same.  Ten  Acres  of  Land  part  of  John  White's  deceased 
homestead  to  David  Nye  for  £16.10/  of  which  he  paid  18  shillings 
and  gave  his  Bond  with  Sureties  for  £15.12/  payable  to  the  Prov- 
ince Treasurer  the  3"^  day  of  April  next  with  interest  for  the  same. 
Forty  eight  Acres  to  Ebenezer  Briggs  for  £8.8/  of  which  he  paid 
8  shillings  and  gave  his  Bond  with  sureties  for  £8  j)ayable  to  the 
Province  Treasurer  the  3'^  day  of  April  next  with  lawful  interest,  for 
the  same.  Nineteen  Acres  of  Land  in  Middleboro'  to  John  Paris  for 
£32  of  which  he  paid  24  shillings  and  gave  his  Bond  for  £20.16/ 
payable  to  the  Province  'Treasurer  the  3"*  day  of  April  next  with 
interest  for  the  same:  Which  several  Bonds  &  Money,  the  Committee 
have  delivered  to  the  Province  Treasurer.  And  the  Committee  beg 
leave  further  to  Eeport  that  the  sixty  Acre  Lots  in  the  Majors  pur- 
chase so  called  in  Pembroke  Mortgaged  to  the  Province  by  Isaac 
Barker  deceased,  of  which  possession  has  been  taken  for  the  Prov- 
ince and  great  part  of  tlie  money  paid,  and  there  remains  due  £25.6.9 
with  the  interest  thereof  from  the  year  1739  which  his  Heirs  neglect 
to  pay  tho'  often  demanded :  the  Committee  apprehend  there  is  a 
necessity  for  suing  for  the  same.  That  there  is  20  Acres  of  very  good 
Wood  &  Timber  Land  in  Rochester,  which  Joseph  Prince  Mortgaged 
to  the  Province  in  the  year  1718  for  £25  no  part  paid:  One  Joseph 
Pitcher  &  Samuel  Hoskins  got  into  possession  of  it,  refuse  to  deliver 
it  up,  the  Eecords  of  the  Bounds  being  defaced  on  their  proprietors 
Book  yet  the  Committee  apprehend  they  ought  to  bring  an  Eject- 
ment against  them  for  it,  and  not  give  up  the  Province  Right  to  it 
without  any  Consideration.  That  there  is  45  Acres  of  Land  lying  in 
Pembroke  mortgaged  to  the  Province  by  Nath'  Nichols  for  £85  and 
possession  thereof  given  up  to  the  Province  in  the  year  1729  since 
which  great  part  of  the  money  has  been  jiaid,  and  the  Committee 
have  encouragement  of  receiving  the  whole.  That  Timothy  Stetson 
of  Pembroke  in  the  year  1719  for  £35  mortgaged  two  Lots  in  the 
16  shilling  purchase  in  Middleborough  being  the  9'"  Lot  containing 
28  Acres  &  the  23''  Lot  containing  30  Acres,  and  also  the  56"'  lot 
in  the  South  jiurchase  containing  45  Acres  which  your  Committee 
have  not  had  time  to  settle. 

Thus  far  your  Committee  have  proceeded  touching  the  Province 
Lands  in  the  County  of  Plimouth  whereby  your  Excellency  &  Honors 
will  see  what  Articles  they  have  finished,  which  they  pray  for  your 
acceptance  of:  and  as  to  what  is  unfinished  your  Committee  propose 
to  proceed  on  and  compleat  with  submission  as  soon  as  may  be.  All 
which  is  humbly  submitted  by  order  of  the  Committee 

Gam"-  Bradford. 


214 


Province  IjXws  {Resolves,  etc.) .  — 1766-67.  [Chaps.  217,  218.] 


Read  and  Accepted.  And 

Ordered  That  the  Committee  be  discharged  of  the  money  and  of 
those  Bond^  which  they  have  delivered  to  the  Province  Treasurer, 
and  that  they  be  directed  to  sit  again  and  pursue  to  effect  the  pur- 
poses of  their  Appointment  And  the  Committee  are  instructed  to 
agree  with  the  said  John  Pitcher  &  Samuel  Hoskins  upon  the  most 
equitable  terms.      [^Passed  March  13. 


CHAPTBE    217 


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


Legislative 
Records  of  the 
Council,  xxvi., 

4S7. 

House  Jour- 
nal, pp.  32?.,  3-24, 
345,3SS,38y. 
Province 
Laws,  li.,  151, 
chap.  10;  xiii., 
57,  chap.  106. 


A  Petition  of  Sarah  Walker  Admin^  of  the  Estate  of  Isaac 
Walker  late  of  Boston  Merchant  deceased  Setting  forth,  That  the 
said  Isaac  being  at  the  time  of  his  death  in  partnership  with  Joseph 
Green  Esq"'  since  deceased,  together  owed  a  large  Sum  in  England 
which  has  been  since  lessened ;  but  that  by  reason  of  many  outstand- 
ing debts,  the  precarious  situation  of  some  of  them,  and  the  danger 
of  a  total  loss  of  others  if  too  suddenly  pressed:  the  Heirs  judge  it 
most  advisable  to  sell  some  outlands  in  order  to  discharge  the  debt 
aforesaid. 

And  praying  that  she  may  be  impowered  to  make  Sale  of  2,000 
Acres  of  Land  lying  in  the  Xorthwest  corner  of  this  Province,  being 
part  of  a  Tract  of  8,000  Acres  granted  in  the  year  1741  to  the  said 
Green  &  Walker,  and  thereby  prevent  the  growing  interest  on  the 
said  debt. 

The  facts  set  forth  in  this  Petition  appearing  to  be  true :  therefore 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  be,  and  she  hereby  is  impowered  in  her  said  capacity 
to  make  Sale  of  the  two  thousand  Acres  of  Land  mentioned  in  this 
Petition  for  the  most  it  will  sell  for,  and  to  make  and  execute  a  good 
deed  or  deeds  in  Law  to  the  purchaser  or  purchasers;  she  observing 
the  rules  and  directions  of  the  Law  respecting  the  Sale  of  Real 
Estates  by  Executors  lSj  Admin";  she  first  giving  sufficient  caution 
to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  the  monies 
arising  by  such  sale  be  applied  to  the  discharging  of  the  debt  men- 
tioned in  this  Petition,  and  the  overplus,  if  any  there  be,  to  be  put 
to  interest  for  the  benefit  of  the  lawful  Heirs.     [Passed  March  16. 


CHAPTEK    218. 

RESOLVE   IMPOWERING  JAMES  PRESCOT   TO    SELL    REAL    ESTATE    AND 
MAKING  PROVISION  IN  REGARD  TO   THE   PROCEEDS. 


Rll'rds"^fth        A  Petition  of  Sarah  Shead  of  Groton  Widow   setting  forth    That 
Council,  xxvi.,  the  Estate  of  her  late  husband  Jonathan  Shead  of  Pepperrell  was 
insufficient  to  pay  his  just  debts;  that  there  was  set  off  to  her  as 


House  Jour 
nal,  pp.280,; 
Province 
Laws,  ii., 
chap.  10. 


151, 


9  her  dower  a  poor  small  dwelling  House  and  three  Acres  of  Land 
which  is  no  ways  sufficient  for  her  sujiport,  she  being  70  years  of 
age,  and  infirm.  And  praying  leave  to  sell  the  said  Estate  for  her 
better  support. 

The  facts  set  forth  in  the  Petition  being  true.  Therefore 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1766-67.  21^ 

Resolved  that  the  prayer  thereof  be  so  far  granted  as  that  James 
Prescot  Esq"^  be,  and  hereby  is  impowered  to  make  Sale  of  the  prem- 
ises therein  mentioned  for  the  most  they  will  fetch,  and  make  a  good 
deed  or  deeds  thereof  in  the  Law  he  observing  the  Rules  and  direc- 
tions of  the  Law  for  the  Sale  of  Real  Estates  by  Executors  &  Admin", 
and  giving  sufficient  caution  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  that  the  proceeds  arising  by  the  Sale  thereof  shall  be 
secured  for  the  use  and  benefit  of  the  legal  Creditors  of  the  deceased, 
and  that  only  the  interest  of  the  money  arising  by  the  Sale  be  applied 
for  the  use  and  towards  the  support  of  the  Petitioner.  \^Passed 
March  16. 


CHAPTEE    219, 


RESOLVE   ALLOWING   £12. 6.  6   TO    Y"=   COM'""'-    THAT    ENQUIRED    INTO   Y^  Legislative 

RIOTS  Kecords  of  the 

Council,  xxvi., 
489.    Mass. 

The  CoMiiiTTEE  appointed  to  sit  in  the  recess  of  the  Court  to  ^x^xiu?'2i2y2. 

inquire  into  the  disorders  committed  in  tlie  month  of  August  1765  — '- 

presented  their  account  of  time  and  travel  in  attending  on  that  ArchiTes, 
business.  Whereupon  the  following  Order  passed  viz'  Leg^siatiVe^^^"' 

Resolvd  that  tliere  be  allowd  &  paid  out  of  the  publick  Treasury  Records  of  the 

,      ,,  ,  .,,  .  i-        1   ii  1   CI  i  •       i    Council,  XXVI., 

to  the  several  persons  within  mentiond  the  several  Sums  set  against  253, ™j2.  House 
their  Names  amounting  in  the  whole  to  the  Sum  of  twelve  pounds  pp^'m-ise,  382, 
Six  shillings  &  Six  pence  in  full  discharge  of  the  within  Account.  *'•'■  ^r"^;'"^*' 
\^Pass6d  March  17.  note. '    ''     ' 


CHAPTEE    220. 

RESOLVE   ALLOWING   £1.5.6.5   TO   THOMAS    CRAFTS. 

The  FOLLOWING  Order  passed  on  the  Account  of  Thomas  Crafts  Legislative 
exhibited  to  the  Court  for  the  charge  of  opening  a  Gallery  to  the  c^uucu°°xvi* 
House  of  Representatives  viz'  491. 

Resolved  that  the  Sum  of  Fifteen  pounds,  six  shillings,  and  five  House  Jour- 
pence,  be  paid  out  of  the  Province  Treasury  to  Thomas  Craft's  in  ""'-PP-^OB.iOT. 
full  of  the  within  Account.     \_Passed  March  17. 


CHAPTEE    221. 

RESOLVE   CONFIRMING  THE   PROCEEDINGS   AT    PRECINCT    MEETING    IN 
STOUGHTON. 

A  Petition  of  David  Capen  &  others,  a  Committee  of  the  second  »''?'^|?"7.h 
Precinct  in  Stoughton     Setting  forth  That  on  the  12""  of  February  Council^  xxvif, 

1766  they  issued  a  Warrant  for  a  Precinct  meeting  to  be  held  on  — 

the  lO""  day  of  March  then  next  following,  and  among  other  articles  naTpp "404^409 
in  the  Warrant,  was  one,  "  to  see  whether  the  Precinct  will  finish  the 
meeting  house,  or  any  part  of  it,  and  act  thereon."  Upon  which  it 
was  Voted  to  finisli  the  whole  of  the  inside  of  the  Meeting  house  And 
then  voted  to  raise  by  way  of  rate  the  Sum  of  forty  pounds  towards 
finishing  said  House.  That  it  has  been  since  doubted  whether  the 


216  Province  Laws  (i2esoZve«,e<c.).  —  176(i-67.     [Chap.  222.] 

article,  as  it  was  expressed  was  sufficient  to  found  such  a  Grant 
upon,  and  sundry  persons  refuse  to  pay  their  projiortions  of  the  same. 
And  praying  that  the  said  Grant  may  be  confirmed  by  this  Court. 

[Read  and] 

Resolved  that  inasmuch  as  no  opposition  was  made  to  the  Grant 
of  Forty  pounds  within  mentioned  at  the  time  when  it  was  voted, 
and  the  Assessment  was  made  &  committed  to  the  Collector,  the 
said  Grant  be  deemed  as  good  &  valid  to  all  intents  and  purposes, 
as  if  the  article  for  raising  money  for  the  purpose  within  mentioned 
had  been  clearly  expressed  in  said  Warrant.      \^Passed  March  18. 


CHAPTEK    222. 

ORDER  IN   REGARD    TO    INSTRUCTIONS    TO    Y^  COMISSARIES    ON    THE 
NEW   YORK   LINE. 

Legislative  IxsTEUCTiONS  to  the  Gentlemen  appointed  Commissaries  on  the 

Council,  xxvi.,  part  of  this  Government  for  the  settlement  of  the  line  with  New  York 
^chi^M^'v.         The  General  Court,  when  Commissioners  were  ai^pointed  by  this 

-M- Government  and  New  York  in  1754  for  Setling  the  boundary  line 

Mass.  between  the  two  Provinces,  having  impowered  their  Comissioners 

209-11.  LegiB-  to  agree  to  a  line  twelve  miles  to  the  Eastward  of  Hudson's  River 
o^*the^ouncii  ^°^'  '^'^^^  Boundary  Line,  you  are  hereby  instructed  to  use  your 
xxvi.,  490, 493. '  endeavours  that  Said  line  be  established  as  the  boundary  line 
na°i"pp.4iMi6.  between  this  Province  and  New  York:  the  Same  to  begin  on  the 
T^'^Ti'l^S  Mn    Side  next  to  Connecticut  at  twelve  miles  distance  from  said  river, 

Ijaws,  XV.,  14b,  .  .  1  ■!  T  i> 

chap.  343.  and  to  run  on  a  strait  course  to  a  point  twelve  miles  distant  from 

chap.  187;  211,    Said  river,  on  the  side  next  to  the  Province  of  New  Hampshire, 
chap.  213.  j-f  jQ^  should  not  be  able  to  effect  this,  the  General  Court  being 

earnest  for  a  settlement  of  the  line,  and  [to]  '  remove  all  occasions 
of  further  disturbance  and  Bloodshed  among  the  Borderers,  you 
are  to  endeavour  that  the  line  declared  by  the  right  honorable  the 
Lords  commissioners  for  Trade  and  Plantations  to  be  a  just  and 
equitable  line  of  division  between  the  Provinces  of  Massachusetts 
Bay  and  New  York  and  reported  by  their  Lordships  to  his  late 
Majesty  in  Council,  be  established  as  the  Boundary  line  between 
the  two  Provinces :  said  line  being  thus  described  in  their  Lordships 
report,  viz:  "  a  strait  line  to  be  drawn  northerly  from  a  point  on  the 
South  boundary  line  of  the  Massachusetts  Bay,  twenty  miles  dis- 
tant due  East  from  Hudson's  river  to  another  iioiut  twenty  miles 
distant  due  East  from  the  said  river,  on  that  line  which  divides  the 
Provinces  of  New  Hampshire  and  Massachusetts  Bay."  as  will  ajjjjear 
by  extracts  from  the  Journal  of  their  Lordships  proceedings  on  the 
29""  of  March  &  10*  of  May  1757:  copies  of  which,  and  of  the  late 
Agent  M"'  BoUan's  Letter  relative  thereto,  dated  in  London  July 
20.  1757,  will  be  delivered  to  you  by  the  Secretary. 

If  you  should  agree  with  the  Commissaries  on  the  part  of  New 
York  on  a  line  of  partition  between  the  two  Provinces,  you  are  in 
conjunction  with  them  to  prepare  a  proper  state  thereof,  to  be  laid 
before  the  respective  Governments  of  said  Provinces  for  their  ac- 
ceptance, in  order  that,  after  such  acceptance,  the  same  may  be 
humbly  presented  to  his  Majesty  for  Confirmation:  or  otherwise 
without  Such  previous  acceptance  the  same  to  be  immediately  sub- 

Manviscript  mutilated. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  —  17G6-67.  217 

mitted  to  his  Majesty  for  his  royal  aiDprobation  and  confirmation: 
according  as  you  and  the  commissaries  from  New  York  shall  agree. 
Provided  that  the  line  agreed  on  be  not,  and  you  are  hereby  in- 
structed not  to  agree  to  any  line  whatever,  less  favorable  to  this 
Province  than  the  line  reported  by  their  Lordships  as  above- 
described. 

You  are  to  endeavour  to  procure  an  authenticated  copy  of  the 
truest  plan  that  has  been  taken  of  Hudson's  river :  especially  of  that 
part  of  it  which  lies  between  the  two  places,  from  whence  respec- 
tively the  respective  extremities  of  the  aforesaid  reported  line  are 
twenty  miles  distant. 

You'll  observe  in  the  letter  from  the  Eight  honorable  the  Earl 
of  Shelburne  to  his  Excellency  Governor  Bernard  dated  the  11"'  of 
dec''  17(30  (Copy  of  w*  will  be  deliverd  to  you)  that  his  Lordship 
mentions  the  atfair  of  Nobletown,  &  that  "  S''  Henry  Moore  (Gov^ 
of  New  York)  is  directed  to  take  care,  that  none  of  the  Inhabitants 
lying  to  the  westward  of  the  Line  reported  by  the  Lords  of  Trade 
as  the  Boundary  between  the  two  Provinces  be  molested,  till  this 
matter  be  finally  determined.  And  whatever  Province  the  Setlers 
may  be  found  to  belong  to,  it  should  make  no  difference  in  their 
property: '  provided  their  title  to  tlieir  lands  should  be  found  to  be 
good  in  other  respects ;  or  that  they  have  been  long  in  the  regular 
possession  of  them."  As  the  people  of  Nobletown  were  encour- 

aged to  settle  there  by  this  Government,  you  are  to  endeavour,  in 
case  the  settlement  of  the  line  should  determine  them  to  belong  to 
New'  York,  to  jarocure  for  them  all  the  favor  you  can  from  that 
Government;  and  that  what  his  Lordship  has  mentioned  as  above 
be  agreed  to.  And  if  the  New.  York  Commissaries  should  refuse 
complying  with  his  Lordship's  recommendation  you  are  to  report 
the  reasons  urged  by  you  for  their  compliance;  and  the  reasons  on 
which  they  grounded  their  refusal. 

The  foregoing  Instructions  prepared  by  a  Com'^^  appointed  for 
that  Purpose  are  Submitted  to  your  Honors  in  the  name  of  the 

Com'"  James  Bowdoin 

Read  and  Accepted.  And 

Ordered  that  the  foregoing  Instructions  be  given  to  the  Commis- 
saries chosen  on  the  part  of  this  Government  for  the  settlement  of 
the  Line  witli  New  York ;  and  that  his  Excellency  the  Governor  be 
desired  to  commissionate  the  said  Gentlemen  for  the  purpose  afore- 
said.     \_Passed  March  19. 


CHAPTEK    223. 

ORDER  IMPO"VVERING   CERTAIN   REFEREES  TO  SIT  IN  SUFFOLK  COUNTY. 

A  Petition  of  Sylvester  Gardner  Esq''     Praying  that  the  Order  Legislative 
of  this  Court  upon  his  Petition  presented  in  November  last  impow-  ^unctf  xx**!^ 
ering  the  Justices  of  the  Superior  Court  at  their  term  in  Falmouth  498. 
to  be  held  in  June  next  to,  recommit  a  Report  made  by  certain  Ref-  House  Jour- 
errees  in  a  Case  between  the  Petitioner  &  Humphry  Purrington  may  Jn.' ''5'n/e*' ^"' 
be  so  far  altered  as  that  the  said  Justices  may  be  impowered  to  act  p- 207,  chap, 
thereon  in  their  present  sitting  in  and  for  the  County  of  Suffolk, 

'  Manuscript  mutilated. 


218 


Province  LiAVfS  {liesolves,  etc.) .  —  ITiJii-GT.  [Chaps.  2^4,  225.] 


as  the  Eeferrees  live  at  a  great  distance  from  each  other,  and  are 
all  now  present. 

Read  and 

Ordered  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Justices  of  the  Superior  Court  of  Judicature  &c  now  sitting  in  Bos- 
ton in  the  County  of  Suffolk  be,  and  hereby  are  authorized  and  im- 
powered  to  recommit  the  Report  made  by  the  hon*""  Benjamin  Lincoln, 
Jeremiah  Powell  &  Francis  Waldo  Esq"  Referrees  in  an  Action  of 
Trover  between  the  Petitioner  and  Humphrey  Purrington  and  others; 
as  also  for  settling  the  Bounds  of  a  Farm  formerly  Job  Lewis's  at 
the  Superior  Court  held  at  Falmouth  on  tlie  fourth  Tuesday  of  June 
last  for  the  Counties  of  Cumberland  and  Lincoln,  which  Report  was 
then  and  there  accepted  by  said  Court  so  that  the  Eeferrees  may 
correct  a  mistake  made  by  them  in  describing  the  Easterly  Bounds 
of  the  said  Farm,  by  which  a  Tract  of  Meadow  or  Swamp  Land  was 
intended  by  said  Referrees  to  have  been  included,  but  as  described 
in  said  Report  may  admit  of  doubt ;  And  the  said  Superior  Court 
at  their  present  Session  in  Boston  are  hereby  authorized  and  im- 
powered  to  acceiJt  said  Report  after  its  being  amended  as  aforesaid 
in  the  same  manner  as  they  would  have  done  had  the  former  Report 
never  been  accepted  by  said  Court,  and  to  enter  up  Judgment  thereon 
accordingly.     [Passed  March  20. 


Legislative 
Records  of  the 
Council,  xxvi., 
4ii«,  4it!l. 

Legislative 

Records  of  tlie 

Council,  xxvi., 

383.    House 

Journal, 

pp.  268, 414,  415, 

420. 


CHAPTER    224. 

ORDER  REFERRING   WITH    STAY    OF    PROCEEDINGS    THE    PETITION    OF 
SAM"-  WHITE   IN   REGARD   TO   A   RE-HEARING   OF   AN   ACTION. 

A  Petition  of  Samuel  White  of  Dedham  praying  that  his  default 
in  an  Action  brought  against  him  by  David  Fisher  might  be  taken 
off. 

[Read  and] 

Ordered  that  the  same  be  referred  to  the  next  May  Session  accord- 
ingly, and  that  all  proceedings  thereon  be  stayed  in  the  mean  time. 
\Passed  March  20. 


Legislative 
Records  of  the 
Council,  xxvi., 
500.    Mass. 
Archives,  civ., 
442. 

House  Jour- 
nal, pp.  412, 413. 


CHAPTER    225. 

RESOLVE    DIRECTING    THE    PROVINCE    TREASURER    TO    DRAW    A    BILL 
OF   EXCHANGE    ON   JASPER   MAUDUIT,  ESQ". 

Resolved  that  the  Treasurer  be  &  hereby  is  Directed  to  Draw  a 
Bill  of  Exchange  at  parr,  on  Jasper  Mauduit  Esq'  in  fav'  [of]  '  John 
Hancock  Esq  for  the  Ballance  in  his  hands  due  to  this  Province 
being  One  Thousand  four  hundred  &  twelve  pounds  seventeen  shil- 
lings &  six  pence  Sterl^  said  Hancock  to  Give  his  Obligation  to 
Respond  the  Money  as  soon  as  Advice  shall  be  Receiv'd  of  the  pay- 
ment of  the  same  The  Province  in  Case  of  the  Nonpayment  of  the 
Money  not  to  be  Subject  to  pay  any  Interest  or  Damages,  or  Charges 
of  Protest  &  that  the  Secretary  be  directed  to  acquaint  M''  Mauduit 
of  this  resolution.     [Passed  March  20. 

'  Inserted  from  Legislative  Records  of  the  Council,  xxvi.,  .500. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1766-67.  219 


CHAPTEK    226. 

VOTE   APPOINTING   COMMISSIONERS   ON  THE   LAND   BANK  AFFAIRS.        Legislative 

Records  of  tlie 
Council,  xxvi., 

PuRSCAXT  TO  Agreemext  of  the  two  Houses  they  proceeded  to  5oi    Mass. 
the  choice  of  three  jjersons  as  Commissioners  for  adjusting  the  affairs  m.  '  ^^  '    ^'' 
necessary  for  the  equitable  finishing  the  Land  Bank  or  Manufactory  Legislative 
Scheme  in  the  room  of  the  Hon'''''  Samuel  Danforth  Esq'  &  Nath'  coSS  xlv*!* 
Hatch  Esq'  two  of  the   Commissioners  who  desire  to  be  excused  4!!i,455,4s6,4a2', 
from  that  trust  &  Thomas  Goldthwait  Esq'  the  other  of  said  Com-  HouTOJour. 
missioners  who  is  removed  to  such  a  distance  as  that  he  cannot  con-  Jf- '  I'/s  4^^^'^^' 
veniently  attend ;  when  Edward  Sheaffe,  Samuel  Dexter,  and  James  I'l-oviiice 
Humphrey  Esq"  were  chosen  by  a  Major  Vote  of  the  Council  &  House  dfap^2oY'9l9!' 
of  Kepresentatives.     [Passed  March  20.  264"  chaj  'gs"" 


CHAPTEK    227 


RESOLVE   DIRECTING    THE    PROVINCE    TREASURER    TO    PUT    IN    SUIT     Legislative 

MR   JOHN   COTTON'S  EXCISE  BOND.  Kecords  of  the 

COUUCll,  XXVI., 


Resolved  that  the  Province  Treasurer  he,  and  hereby  is  directed  House  .Jour 
to  put  in  Suit  at  the  next  Inferior  Court  of  Common  jjleas  to  be  p^'' 'J^'*.','*- 
holden  within  the  County  of  Suffolk  M'  John  Cotton's  Bonds  for  Llwsrw.,846, 
the  Excise  he  farmed  for  the  year  1765.     [Passed  March  20.  sT^'chfi;.  us!' 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed    1767-68. 


[221] 


LEGISLATIVE   LIST^ 

FOR 
1767-68. 


His  Excellency   FRANCIS   BERNAED, 

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

SECRETARY  OF  the  PROVINCE. 

JOHN    COTTON,    Esq., 

DEPUTY  SECRETARY. 


COUNCILLORS   OR  ASSISTANTS. 

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

Samuel  Danfokth  \  Nathaniel  Ropes 

Isaac  Rotall  j  Timothy  Paine 

John  Erving  I  Royall  Tyler 

William  Brattle  [  Andrew  Belcher 

James  Bowdoin  \Esqrs.  John  Chandler  )Esqrs. 

Thomas  Hubbard  [  James  Pitts 

Harrison  Gray  \  Joseph  Gerrish" 

James  Russell  I  Thomas  Saunders" 

Thomas  Flucker  /  John  "Worthington 

Of  the  Inhaiitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  Neiv  Plimouth; 

Gamaliel  Bradford       )  Samuel  White  ) 

James  Otis'  ^iiSQRS.  Jerathmeel  Bowers'     j-J^sqrs. 

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

John  Hill,  Nathaniel  Spabhawk  &  John  Bradbury,  Esqrs. 

Of  the  Inhaiitants  of  or  Proprietors  of  Lands  toithin  the  Territory  lying 
betwee7i  the  River  of  Sagadehoc  S  Nova  Scotia  ; 

Jeremiah  Powell,  Esq. 

'  See  Legislative  Records  of  the  Council,  xxvii..  1-6. 

"  Joseph  Gerrish  and  Thomas  Saunders  of  the  Massachusetts  Bay,  James  Otis  and  Jerathmeel  Bowers 
of  New  Plimouth  and  Samuel  Dexter  of  the  Province  at  large,  elected  by  the  House  of  Representatives, 
were  rejected  by  the  Governor. 

[223] 


221     Peovince  LiAVfs  {Resolves,  etc.).  —  1767-G8.      [Representatives.] 

For  the  Province,  at  large :  — 
Benjamin  Lincoln  &  Samuel  Dexter,'  Esqss. 


EEPEESENTATIVES    OR   DEPUTIES. 
May  27,  1707  la  March  30,  1768. 
AIr.  THOMAS   CUSHIXG,  Speaker. 


County  of  Suffolk. 
Boston,   .     .     .  James  Otis,  Esq., 

Thomas  Cushing,  Esq., 
Mr.  Samuel  Adams, 
Joha  Hancock,  Esq. 

.  Joseph  Williams,  Esq. 

.  Mr.  Samuel  Howe. 

.  Mr.  Jazaniah  Tucker. 

.  Ebenezer  Thayer,  Esq. 

.  James  Humphrey,  Esq. 

.  Mr.  Josliua  Hersey. 

.  Samuel  Dexter,  Esq. 

.  Capt.  Samuel  Morse. 

.  Mr.  Jabez  Fisher. 

.  Jeremiah  Gridley,  Esq. 


County  of  Middlesex. 


Roxbury, 

Dorchester, 

Milton,   . 

Braintree, 

Weymouth, 

Hingham, 

Dedham, 

Medfield, 

Wrenlham, 

Brooklyn,     . 

Stoughton  and 

Stoughton- 

hani, 

Medway, 


>Mr.  Hezekiah  Gay. 
.  Capt.  Jonathan  Adams 


County  of  Essex. 
Salem,  .     .     .  William  Browne,  Esq., 

Peter  Frye,  Esq. 
Danvers,      .     .  Daniel  Epes,  Esq. 
Ipswich,      .     .  Capt.  Michael  Farley. 
Newbury,    .     .  Joseph  Gerrish,  Esq. 
Newburyport.  .  Benjamin  Greeuleaf,  Esq. 


Cambridge, 
Charlestown, 
Water  town, 
Wobur7i, 
Concord,     . 
Newtown,  . 
Beading,    . 
Marlborough, 
Billerica,   . 
Framingham, 

Lexington, 
Chelmsford, 

Sudbury,  . 
Maiden, 

Weston, 
Medford,    . 
Bopkinton, 
Westford,    . 
Oroton, 
Shirley  & 
Pei^perell, 
Waltham,  . 
Stowe,  . 


.  Andrew  Bordman,  Esq. 
.  Edward  Sheaffe,  Esq. 
.  Mr.  Daniel  Whitney. 
.  James  Fowle,  Esq. 
.  Charles  Prescot,  Esq. 
.  Capt.  Abraham  Fuller. 
.  Ebenezer  Nichols,  Esq. 
.  Mr.  Samuel  Witt. 
.  William  Stickney,  Esq. 
.  Joseph  Buckmmster, 

Esq. 
.  William  Reed,  Esq. 
.  Sampson  Stoddard, 

Esq. 
.  John  Noyes,  Esq. 
.  Capt.    Ebenezer   Harn- 

den. 
.  Mr.  Abraham  Bigelow. 
.  Stephen  Hall,  Esq. 
.  Capt.  Joseph  Mellen. 
.  Capt.  Jonas  Prescot. 


James  Prescot,  Esq. 

Capt.  Jonas  Dix. 
Henry  Gardner,  Esq. 


County  of  Hampshire 
Springfield  & 
Wilbraham, 


Northampton  & 
Southampton, 
Hadley  and 
South  Hadley, 


John  Worthington,  Esq. 
Joseph  Hawley,  Esq. 


Marblehead, 

Lynn,     . 

Andover, 

Beverly, 

Rowley, . 

Salisbury, 

Haverhill, 

Olocester, 

Boxford, 

Almsbury, 

Bradford, 

Wenham, 

^  Joseph  Gerrish  and  Thomas  Saunders  of  the  Massachusetts  Bay,  James  Otis  and  Jerathmeel  Bowers 
of  New  Plimouth  and  Samuel  Dexter  of  the  Province  at  large,  elected  by  the  House  of  Representatives, 
were  rejected  by  the  Governor. 

'  The  House  Journal,  p.  4,  adds,  "  Topsfield,  Capt.  Samuel  Smith." 


.  Jacob  Fowle,  Esq., 

William  Bourne,  Esq. 
.  Mr.  Ebenezer  Burrill. 
.  Samuel  Phillips,  Esq. 
.  Mr.  Plenry  Herrick. 
.  Humphry  Hopson,  Esq. 
.  Caleb  Cushing,  Esq. 
.  Richard  Saltonstall,  Esq. 
.  Thomas  Saunders,  Jr.,  Esq. 
.  Aaron  Wood,  Esq. 
.  Jonathan  Bagley,  Esq. 
.  Benjamin  Mulliken,  Esq. 
.  Mr.  Benjamin  Fairlield.' 


Deerfield  & 
Oreenfield, 
Sunderland, 


>  !Mr.  Simeon  Sti-ong. 

.  Oliver  Partridge,  Esq. 
.  David  Mosely,  Esq. 

^  Elijah  Williams,  Esq. 

.  Capt.  Joseph  Root. 


[Representatives.]     Province  Laws  (iJesoZves,  ete.).  —  1767-68.      225 


County  of  Hampshire  —  Concluded. 
Brivifield,  Mon-  n 

son  &  South  S  Mr.  Timothy  Danielson. 

Brinifield,  ) 

County  of  Berkshire. 
Sheffield,  Great  n 

Barrington  &       >  Mr.  Ephraim  Fitch. 
Egremont,  ) 

Tyringhani,    .     .  John  Chadwick,  Esq. 

County  of  Worcester. 
Worcester,  .     .     .  Mr.  Joshua  Bigelow. 
Lancaster,  . 
Mendon, 
Brookjield,  . 
Oxford  and 
Charlton, 
Sutton,  . 
Rutland,  Rut- 
land District  & 
Oakham, 
Leicester,   Spen- 
cer &  Paxton, 
Westborough,  . 
Shrewsbury,    . 
Lunenburgh  & 
Fitchburg, 
Uxbridge, 
Harvard, 
Bolton,  . 
Sturbridge 
Eardwick, 
Qrafton, 


County  op  Barnstable. 


.  Mr.  David  Wilder. 
.  Mr.  Joseph  Dorr,  Jr. 
.  Jedediah  Foster,  Esq. 

>  Edward  Davis,  Esq. 
.  Capt.  Henry  Iving. 

>  John  Murray,  Esq. 

J  Capt.  John  Brown. 

.  Capt.  Stephen  Maynard 
.  Artemas  Ward,  Esq. 

>  Edward  Hartwell,  Esq. 

.  Capt.  Ezekiel  Wood. 
.  Capt.  Israel  Taylor. 
.  John  Whitcomb,  Esq. 
.  Moses  Marcey,  Esq. 
.  Timothy  Ruggles,  Esq. 
.  Mr.  Ephraim  Sherman. 


County 

Plymouth,  . 
Scituate, 
Duxbury,  . 
Marshfield, 
Bridgwater, 
Middleboro\ 
Rochester,  . 
Plimpton,  . 
Pembroke,  . 
Kingston,  . 
Hanover,  . 
ion,     . 


of  Plymouth. 
James  Warren,  Esq. 
Mr.  Gideon  Vinal. 
Briggs  Alden,  Esq. 
Capt.  Anthony  Thomas. 
Josiah  Edson,  Esq. 
Capt.  Ebenezer  Sproutt. 
Mr.  Elisha  Barrow. 
Capt.  John  Bradford. 
Mr.  John  Turner. 
William  Sever,  Esq. 
Ezekiel  Turner,  Esq. 
Capt.  Woodbridge 
Brown. 


Barnstable, 
Yarmouth,  . 
Sandwich,  . 
Eastham  & 
Welfleet, 
Harwich,     . 

Falmouth,    . 


.  James  Otis,  Esq. 
.  David  Thacher,  Esq. 
.  Roland  Cotton,  Esq. 

>  Col.  Willard  Knowles. 

.  Chillingworth  Foster, 

Esq. 
.  Roland  Robinson,  Esq. 


County  of  Bristol. 


Taunton,   . 
Rehoboth,  . 
Swanzey  with 
Shawamet, 
Dartmouth,    . 
Attleborough, 
Dighton,    . 
Freetown, 


.  Mr.  Joseph  Tisdale. 
Capt.  James  Clay. 

■  Jerathmeel  Bowers,  Esq. 

]\lr.  Walter  Spooner. 
Mr.  Ebenezer  Lane. 
Ezra  Richmond,  Esq. 
Mr.  Thomas  Durfee. 


County  of  York. 


York,    .     .     . 

.  Jonathan  Sayward,  Esq. 

Kittery,     .     . 

.  Nathaniel  Sparhawk, 

Esq. 

Wells,  .     .     . 

.  John  Wheelwright,  Esq 

Berwick,    .     . 

.  Benjamin  Chadburne, 

Esq. 

Arundell,  .     . 

Thomas  Perkins,  Esq. 

Bideford  & 
Peperelboro\ 

•  Mr.  Jeremiah  Hill. 

COLTNTY 

OF  Cumberland. 

Falmouth  <£• 
Cape  Elizabeth, 

>  Jedediah  Prebble,  Esq. 

Scarborough, 

.  Mr.  John  Steward. 

Oorham,    . 

.  Solomon  Lombard,  Esq. 

Windham, 

.  Mr.  Abraham  Anderson 

Brunswick, 

.  Aaron  Hinkley,  Esq. 

Du 

KEs  County. 

Chilmark, 

Jonathan  Allen,  Esq. 

Tisbury,   . 

James  Athearn,  Esq. 

In  THE  County  of  Nantucket. 
Sherburne,     .     .  Mr.  Timothy  Folger. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston^ 
ON  THE  Twenty-seventh  Day  of  May,  A.D.  1767. 


CHAPTER    1. 

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

John  Chandler  Esq*  Treasurer  for  the  County  of  Worcester  Legislative 
having  presented  his  Account  ending  May  1767  for  allowance,  the  councn  "'"'^ 
following  Order  passed  thereon  viz'  xxyH.,  io. 

Resolved  That  the  within  Account  (being  right  cast  and  well  House  Jour- 
vouched)  be  allowed :  and  that  the  Treasurer  be  discharged  of  the  2[«(efp!  i'igf ' 
Sum  of  Two  hundred  and  seventy  pounds  three  shillings  and  eight  •'bap.  10. 
pence  (exclusive  of  the  Sum  of  Eighteen  pounds,  five  shillings  and 
eleven  pence  set  on  the  Town  of  Woodstock  in  the  year  1766)  which 
he  has  paid  by  order  of  the  Court  of  Sessions,  and  that  he  be  ac- 
countable for  a  balance  of  the  Sum  of  Two  hundred  and  fifty  one 
pounds,  four  shillings  and  6''%  still  remaining  due  to  the  County; 
and  also  for  the  Tax  set  on  the  Town  of  Woodstock  when  received. 
[Passed  May  SO. 


CHAPTER    2. 

RESOLVE  allowing  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUNTY. 

John  Cotton  Esq*  Treasurer  of  the  County  of  Plymouth  having  Legislative 
'presented  his  account  down  to  the  18""  of  April  1767  for  allowance,  ^unclf,"*"^* 
the  following  Order  passed  thereon  viz'.  xxvii.,  ii. 

Resolved  that  the  within  Account  (being  right  cast  &  well  vouched)  House  Jour- 
be  allowed,  and  that  the  Treasurer  be  discharged  of  the  Sum  of  One  J'"'' pp- 8' i**- 
hundred  and  fifty  eight  pounds  and  ten  pence,  which  he  has  paid 
by  order  of  the  Court  of  Sessions;  and  that  he  be  further  account- 
able for  a  balance  of  One  hundred  and  sixty  four  pounds,  twelve 
shillings  and  nine  pence  due  to  the  County  when  he  shall  receive 
it.     [Passed  May  80. 

[227] 


228 


Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chaps.  3,  4.] 


CHAPTEE    3. 


EESOLVE  DIRECTINQ  THAT  A  PLAN  BE  TAKEN  OF  SUNDRY  TOWNSHIPS 
AT  Y'^  EASTWARD. 


Legislative 
Eecorde  of  the 
Council, 
xxvii.,  12. 

Mass. 
Archives, 
cxvliL,  288. 

House  Jour- 
nal, p.  14. 
Province 
Laws,  xvil., 
332,  chap.  241. 


Whj:reas  there  was  a  Plan  taken  of  several  Townships  by  John 
Brown  Esq'  Surveyer,  by  Order  of  a  Committee  of  this  Court  in 
1763  viz  of  Narragansett  No  1  Pearson  town  N°  7  with  the  Lines  of 
Biddeford  Scarborough  &  Falmouth  as  run  by  said  Comittee  which 
Plan  is  mislaid  or  lost 

Resohul  that  the  Secretary  be  directed  to  to  '  write  to  the  said  John 
Brown  Esq'  to  take  an  exact  Plan  of  said  Townships  &  runing  said 
Lines  of  said  Biddeford  Scarborough  &  Falmouth  from  his  field 
Book  or  Journal  &  make  Oath  to  the  same  that  it  is  a  true  plan  & 
return  said  Plan  into  the  Secretarys  Office  as  soon  as  may  be.  \^Passed 
June  2. 


CHAPTEK    4, 


RESOLVE    IMPOWERING     JOSIAH     DAVIS,    GUARDIAN,    TO     SELL     REAL 
ESTATE  AND   MAKING   PROVISION    IN  REGARD    TO    THE    PROCEEDS. 


Legislative 
Kecords  of  the 
Council, 
xxvii.,  12. 

House  Jour- 
nal, pp.  11, 15. 
Province 
Laws,  li.,  151, 
chap.  10. 


A  Petition  of  Josiah  Davis  of  Harvard  Guardian  to  Elizabeth, 
Peter,  Jonas,  Olive  and  Mary  Davis  minor  Children  of  Jonas  Davis 
late  of  said  Harvard  dec**  Setting  forth,  That  the  deceaseds  Personal 
Estate  after  the  debts  and  the  Widows  allowance  were  paid  amounts 
only  to  £8.11.3,  that  his  Children  Olive  and  Mary  are  quite  Young, 
the  one  being  but  five  and  the  other  1\'-2  years  old  and  have  now 
been  a  year  out  at  Board.  That  the  deceased  died  seized  of  two  small 
pieces  of  Land  with  a  small  House  and  Barn  thereon  in  said  Har- 
vard, containing  about  40  Acres  apprized  at  £106.13.4.  And  pray- 
ing that  he  may  be  impowered  to  make  Sale  of  the  said  Estate,  the 
interest  thereof  to  be  applied  for  the  support  of  the  Widow  &  Chil- 
dren in  proportion  according  to  Law. 

[Read  and] 

Resolved  That  Josiah  Davis  Guardian  to  Elizabeth,  Peter,  Jonas, 
Olive  and  Mary  Davis  Minors,  Children  of  Jonas  Davis  late  of  Har- 
vard deceased,  in  his  said  capacity  be  and  hereby  is  impowered  to 
make  Sale  of  the  House,  Barn  &  Farm  of  Land  mentioned  in  the ' 
Petition  for  the  most  the  same  will  fetch,  and  to  execute  a  good 
deed  or  deeds  of  the  same  he  observing  the  directions  of  the  Law 
resjjecting  the  Sale  of  Real  Estates,  and  giving  security  to  the  Judge 
of  Probate  for  the  County  of  Worcester  that  the  proceeds  of  the 
Sale  be  applied  in  manner  following  viz'  One  third  part  thereof  to 
be  put  to  Interest  for  the  benefit  of  Elizabeth  Davis  Widow  of  the 
said  Jonas  during  her  life  in  lieu  of  her  right  of  Dower,  and  also 
that  the  said  Elizabeth,  Peter  and  Jonas's  parts  of  said  Estate  be 
put  to  interest  until  they  come  of  age  or  time  of  marriage.  And  that 
the  said  Olive  and  Mary's  part  of  said  Estate  be  also  put  at  Interest, 
and  so  much  thereof  be  used  from  time  to  time  as  may  be  necessary 
for  their  support  &  Education,  and  the  remainder  paid  to  them  at 
the  time  they  come  of  age,  or  at  the  time  of  Marriage.  [Passed 
June  2. 

'  Sic. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.). —  1767-68.  229 


CHAPTEE    5. 

RESOLVE  ALLOWING  THE  ACC°  OF  Y^  GUAR""  OF  THE  PLYM"   COUNTY 
INDIANS. 

By  the  Accounts  exhibited  by  the  Guardians  of  the  Indians  for  Legislative 
the  County  of  Plymouth.  It  appearing  that  they  are  well  avouch'd  coSnc*!?, ""'"^ 
and  right  cast,  and  that  there  is  Still  remaining  in  the  Said  Guar-  J/'^"--  In- 
dians Hands  Due  to  James  Thomas.  Two  Pounds  fifteen  Shillings  Archives, 

Three  Pence  half  Penny.  Also  due  to  Stephen  David  Forty  One  -^'''^"'-  ^•^■^- 

Pounds.  Two  Shillings.  Also  due  to  Hannah  Eobbins  jun''  Seventy  ^ai"mi'!y"i-2 
Eight  Pounds  Seventeen  Shillings  And  Eleven  Pence.  Also  due  to  u- '  Province 
the  Heirs  of  John  Thomas.  Four  Pounds  fifteen  Shillings.  Also  it  cha^fre.Vote. ' 
Appearing  that  the  Acco'°  of  the  Widow  Hannah  Eobbins  are  bal- 
lanc'd.  Therefore 

Resolved  that  the  Guardians  aforesaid  be  further  Accountable  for 
the  Said  Sums.  And  discharg'd  of  the  Acco'°  of  the  Said  Widdow 
Hannah  Eobbins.     \^Passed  June  2. 


CHAPTEE    6. 

RESOLVE   IMPOWERING   MARTHA    DAVIS,  ADM'^,  TO    EXECUTE    A    DEED. 

A  Petition  of  Martha  Davis  of  Barnstable  Widow,  Admin^  of  fe!^'^^?"'!,^ 
the  Estate  of  William  Davis  late  of  Barnstable  Mariner  deceased    Set-  council, 

ting  forth  That  the  deceased  in  his  life  time  being  seized  of  one  ^^''"■'  ^^- 

moiety  of  a  piece  of  Laud  and  meadow  in  partnership  with  Corne-  ^ai^ppfii'n 
lius  Crocker  containing  in  the  whole  six  Acres  had  bargained  for 
the  same  with  the  said  Cornelius  on  the  first  day  of  December  1765 
in  consideration  of  the  Sum  of  £33.14.4  part  whereof  the  said  Corne- 
lius paid  to  the  said  William,  who  then  obligated  himself  to  give  to 
the  said  Cornelius  a  deed  of  the  Land  upon  the  Eepeal  of  the  Stamp 
Act,  he  paying  the  remainder  of  the  money;  but  that  the  said  Wil- 
liam died  before  the  said  Act  was  repealed.  And  praying  that  she 
may  be  impowered  to  compleat  the  Bargain  aforementioned. 

Bead  & 

Resolved  That  the  prayer  of  this  Petition  be  so  far  granted,  as 
that  the  said  Martha  in  her  said  capacity  of  Administratrix,  be,  and 
hereby  is  impowered  to  execute  a  good  and  lawful  deed  of  the  said 
William's  part  of  the  premises  to  the  said  Cornelius  Crocker,  he 
paying  her  that  part  of  the  purchase  money  that  is  still  due;  She 
to  account  for  the  same  when  she  makes  up  her  accounts  of  her 
Administration  on  the  said  deceased  his  Estate.      \^Passed  June  2. 


CHAPTEE    7. 

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

The  Committee  appointed  the  SO""  Instant  on  the  Petition  of  Legislative 
Cadwallader  Ford  Esq'  reported  That  they  had  examined  the  written  councn,"  *  * 
evidence  and  were  of  opinion,  that  the  said  Ford  had  not  had  a  -^^''''■.  i"- 


230 


Province  Laws  {Resolves,  etc.) .  — 1767-68.     [Chaps.  8,9.] 


Legislative  proper  trial  of  the  Cause  between  him  and  Joshua  Farnham  as  men- 
Councif,"  '  *  tioned  in  said  Petition.  Therefore  report  that  he  have  liberty  to 
House  Jour,  bring  forward  his  Writ  of  Review  of  the  same  Cause  at  the  Superior 
nai,  pp.  7, 8, 11,  Court  of  Judicature  &c.  next  to  be  holden  at  Falmouth  in  the  County 
inie.'pJ'i^,'  of  Cumberland  in  the  present  year  1767,  and  that  execution  be  stayed 
chap.  64.  jjj  ^jjg  meantime. 

Read  accepted ;  And 

Ordered  that  the  Petitioner  serve  the  adverse  party  Joshua  Farn- 
ham  with  a  Copy  of  this  Petition  that  he  shew  cause  if  any  he  hath, 
on  the  second  Wednesday  of  the  next  sitting  of  this  Court,  why  the 
prayer  thereof  should  not  be  granted,  and  that  execution  be  stayed 
in  the  meantime.     \_Passed  June  S. 


CHAPTEE    8. 


Legislative 
Records  of  the 
Council, 
xxvil.,  18. 

House  Jour- 
nal, pp.  20, 21. 


ORDER  OF  NOTICE  WITH  STAY  OF   EXECUTION   ON    THE    PETITION    OF 
FORTES:   VERNON  TO  BRING  FORWARD  A   WRIT  OF  REVIEW. 

A  Petition  of  Fortescue  Vernon  of  Boston  Setting  forth  That 
one  Joshua  Coilin  brought  his  Action  against  the  petitioner  upon 
a  Policy  of  Insurance  for  the  Sum  of  £100  upon  the  Brig  Prince 
of  Orange  David  Coffin  master,  which  Action  was  carried  up  by 
demurrer  to  the  Superior  Court,  and  in  November  last  at  said  Court 
held  at  Salem  the  said  Joshua  recovered  Judgment  against  the  Peti- 
tioner for  £100  and  Costs ;  owing  as  he  apprehends  to  the  Nonattend- 
ance  of  his  attorney  M'  Auchmuty  who  was  prevented  by  his  Wifes 
Illness,  quite  unknown  to  the  Petitioner  'till  about  a  fortnight  since, 
who  apprehended  the  Case  had  been  continued.  And  praying  that 
he  may  be  impowered  to  bring  forward  his  Writ  of  Review  of  said 
Judgment  at  the  next  Superior  Court  to  be  held  in  the  County  of 
Essex ;  and  that  execution  may  be  stayed  in  the  mean  time. 

Read  & 

Ordered  that  the  Petitioner  notify  that  adverse  party  Joshua 
Coffin  of  this  Petition,  by  serving  him  with  a  copy  of  the  same  to 
shew  cause,  if  any  he  have  on  Thursday  the  11""  Instant  why  the 
prayer  should  not  be  granted ;  and  that  Execution  be  stayed  in  the 
mean  time,  and  the  Petitioner  give  security  to  respond  whatever  may 
be  finally  recovered  of  him.     \^Passed  June  3. 


CHAPTER    9. 


Legislative 
Records  of  the 
Council, 
xxvil.,  19. 

House  Jour- 
nal, pp.  15,19, 
20.    Province 
Laws,  xvli., 
591,  chap.  182. 


RESOLVE  CONFIRMING  A  PLAN  OF  300  ACRES  OF  EQUIVALENT  LAND  TO 
SAMi-  DEXTER. 

A  Return  of  the  Survey  of  a  piece  of  Land  granted  by  the  Great 
and  General  Court  of  this  Province  to  Samuel  Dexter  Jan''  28. 
1765  Begining  at  a  great  Beach  tree  marked  &  Stones  four  perch 
E'  of  the  North  branch  of  Hoosuck  River  in  the  Province  Line, 
from  thence  run  S°  lO''  W'  160  perch  to  a  Stake  and  Stones,  then 
W  10''  N,  300  perch  to  a  heap  of  Stones  three  feet  S°  of  a  small 
Hemlock  marked,  then  at  right  angles  to  the  Province  Line,  allow- 
ing one  Rod  in  thirty  for  swag  of  Chain,  according  to  the  Plan  here- 
with exhibited. 

Pittsfield  Decl"  3"  1766         Signed        Joseph  Allen  Surveyor 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  231 

[Read  and] 

Resolved  that  the  within  Plan  of  three  hundred  acres  of  Land 
delineated  and  described  as  is  set  forth  therein,  be  accepted,  and 
hereby  is  confirmed  unto  Samuel  Dexter  his  Heirs  and  assigns  in 
full  satisfaction  of  the  Grant  allowed  by  the  General  Court  to  the 
said  Samuel  Dexter  Jan^  26.  1765  (a  Plan  of  the  same  not  being 
returned  within  twelve  months  of  said  time  notwithstanding)  pro- 
vided that  it  doth  not  exceed  the  quantity  of  three  hundred  Acres, 
nor  interfere  with  any  former  Grant.     [Passed  June  3. 


CHAPTER    10. 

ORDER  IMPOWERING  THE  INHABITANTS  OF  THE  N.  E.  QUARTER  OF 
RUTLAND  TO  LEVY  AND  COLLECT  A  TAX  OF  ONE  PENNY  PER  ACRE 
ON  LANDS  OF  NON-RESIDENTS. 

A  Petition  of  the  Inhabitants  of  the  N  E  Quarter  of  Rutland  Legislative 
praying  for  a  Tax  on  the  Lands  of  the  Nonresident  proprietors,  and  coS^ic'ik  "*  ""^ 
that  the  said  Quarter  may  be  incorporated,  Mais'' 

Read :  and  it  appearing  that  the  Petitioners  &  nonresident  pro-  Archives, 
prietors  had  come  to  an  Agreement  that  there  should  be  a  Tax  of  "''"''""  ''^°' — 
one  penny  ^  Acre  laid  upon  all  the  Lands  of  the  nonresident  pro-  Archives, 
prietors  lying  in  the  Northeast  Quarter  of  Rutland  for  one  year  L^isiiti^ve 
only,  to  enable  the  Inhabitants  to  make  and  repair  Roads.  Records  of  the 

Ordered  That  there  be  a  Tax  of  One  penny  ^  Acre,  laid  on  the  39'e;!"'HousV''' 
s"^  Lands  accordingly  and  that  the  Petitioners  have  liberty  to  bring  p°"^?J}'' p- ^• 
in  a  Bill  for  incorporating  the  said  Quarter  into  a  District.'  \Passed  Laws, iv., 953, 
Junes.  S!ltP- '•''*'• 


CHAPTER    11. 

RESOLVE   ALLOWING  40/  TO   W"  PIERCE. 


A  Petition  of  William  Pierce     Setting  forth  That  in  the  year  Legislative 
1755  He  was  a  Captain  in  the  pay  of  the  Province  in  the  expedition  councif  °* '''^ 
against  Crown  point,   &  upon  the  encouragement  of  the  Govern-  xxvii.,26. 
ment,  he  furnished  one  James  Daly  with  a  Gun,  who  was  taken  ArlfhiVes, 
prisoner  and  the  Gun  lost.  And  praying  an  allowance.  ixxx.,  646. 

[Read  and]  Mass. 

Rosolvd  that  that "  there  be  allowd  &  paid  out  of  the  province  ixxx.,  646. 
Treasury  to  the  Pet'  the  Sum  of  forty  shillings  in  Consideration  of  nal^ppf^s"  m. 
the  Loss  of  the  Gun  mentiond.     \ Passed  June  5.  Province  ' 

L  Laws,  ill.,  737, 

chap.  41, 

CHAPTER    12. 

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

An  Account  of  Solomon  Otis  County  Treasurer  for  Barnstable,  Legislative 
was  presented  for  allowance :  Whereupon  the  following  Order  passed  ^oJincff  °*  ""^ 

viz'  xxvli.,  26. 

'  This  district  was  called  Hubbardston. 
'  Sic. 


232 


Province  Laws  {Resolves, etc.).  — 1767-68.     [Chaps.  13,  14.] 


House  Jonr. 
nal,  pp.9,21. 


Resolved  that  the  within  Account,  being  right  cast  and  vouch'd 
be  accepted:  and  that  the  Treasurer  be  discharged  of  the  Sum  of 
One  hundred  forty  three  pounds  fourteen  shillings  and  ten  pence 
which  he  has  paid  by  order  of  the  Court  of  Sessions,  and  that  he 
be  further  accountable  for  a  balance  of  One  hundred  and  seventeen 
pounds,  seventeen  shillings  &  three  pence  still  remaining  due  to  the 
County.     [Passed  June  5. 


Legislative 

Records  of  the 
Council, 
xxvli.,  27. 

Bouse  Jour- 
nal, pp.  9, 27. 


CHAPTEE    13. 

RESOLVE  ALLOWING  THE  ACCOUNT   OF    THE    TREASURER    OF    ESSEX 
COUNTY. 

The  Account  of  Michael  Farley  County  Treasurer  of  Essex  being 
laid  before  the  Court  for  allowance,  the  following  Order  passed 
thereon  viz' 

Resolved  that  the  within  account  being  right  cast  &  well  vouched 
be  allowed,  and  that  the  Treasurer  be  discharged  of  the  Sum  of  Six 
hundred  and  sixty  nine  pounds,  six  shillings  and  ten  pence  which 
he  has  paid  by  Order  of  the  Court  of  Sessions,  and  that  he  be  further 
accountable  for  a  balance  of  four  hundred  &  one  pounds,  nineteen 
shillings  and  seven  pence  still  remaining  due  to  the  County. 
June  6, 


CHAPTEE    14. 


RESOLVE  CONFIRMING  A  PLAN  OF  47  ACRES  AND  2  RODS  OF  EQUIVA- 
LENT LAND  TO  EPH^  KEYES. 


Legislative 
Records  of  the 
Council, 


House  Jour, 
nal,  pp.  26,  27, 
Ante,  p.  64. 
chap.  120 ; 


A  Plan  of  the  Residue  of  the  Grant  made  to  Ejihraim  Keyes  of 
three  hundred  Acres  of  Land  viz'  of  forty  seven  Acres  as  heretofore 
mentioned  in  a  Plan  of  two  hundred  and  fifty  two  Acres  and  half 
presented  to  and  accepted  by  the  hon'''''  Court,  delineated  as  in  the 
Plan  here  annexed  viz'  begining  eleven  chains  seventy  five  link  North 
P?i36,  diap.  45.  33  degrees  East  from  the  North  west  corner  of  a  Grant  of  Land  made 
by  the  General  Court  to  Benj*  Goodrich  and  others  lying  West  of 
Pittsfield,  bounded  as  by  the  Plan  viz'  North  23'^  East  30  chain, 
East  22'^  South  23  chains  74  links.  North  22''  east  20  chains,  east 
22''  South  23  chains  74  links.  Surveyed  by  Benj"  Goodrich  jun'  and 
Sworn  before  William  Williams  Justice  [of  the]  peace 

[Read  and] 

Resolved  that  the  within  Plan  of  forty  seven  Acres  and  two  roods 
delineated  and  described  as  it  is  set  forth  therein  be  accepted,  and 
hereby  is  confirmed  to  Ephraim  Keyes  his  Heirs  and  Assigns  in  full 
satisfaction  for  forty  eight  Acres  and  seventy  rods  allowed  by  this 
Court  October  31,  1765  to  the  said  Ephraim  to  compleat  a  former 
Grant  to  him  of  Three  hundred  Acres,  provided  it  doth  not  ex- 
ceed the  quantity  of  forty  eight  Acres  and  seventy  Rods,  nor  inter- 
fere with  any  former  Grant.     [Passed  June  6. 


[1st  Sess.]     Province  Laavs  (Besolves,  etc.).  —  1767-68.  233 


CHAPTEK    15. 

ORDER  ALLOWING   £9.  14.  8  TO   ENOCH  FREEMAN. 

A  Petition  of  Enoch  Freeman  Esq'  of  Falmouth  in  the  County  Legislative 
of  Cumberland:  Fraying  an  allowance  of  £9.14.8  disbursed  in  the  coundf, °* ""* 
service  of  the  Government  from  1757  to  1763  as  having  the  care  and  xxvii.,  29. 
direction  of  three  Companies  as  a  Winter  Scout,  and  for  the  purchase  House  Jour, 
of  13  Bayonets  &  Scabbards  for  the  Battery  Company,  and  for  his  2*. ''''''    '"^' 
time,  trouble  and  expence  in  the  said  Service. 

Read  & 

Ordered  that  there  be  allowed  and  paid  out  of  the  Province  Treas- 
ury to  Enoch  Freeman  Esq'  the  Sum  of  Nine  pounds,  fourteen  shil- 
lings and  eight  pence  in  full  for  his  Account  as  set  forth  in  this 
Petition.     \^Passed  June  8. 


CHAPTER    16. 

RESOLVE    IMPOWERING    ABIG'-    CURTIS,   GUARDIAN,   TO    EXECUTE    A 
DEED. 

A  Petition  of  Abigail  Curtis  of  Hanover  Widow  as  Guardian  to  Legislative 
her  two  Children  Joseph  Curtis  &  Seth  Curtis  Minors  and  the  only  g^^^eif,  """"^ 
surviving  Children  of  her  late  husband  Joseph  Curtis  of  said  Han-  x^""-.  i"^- 
over  deceased     Setting  forth     That  one  Thomas  Whitton  of  said  House  Jour-^ 
Hanover  stands  seized  of  about  fourteen  acres  of  Land  in  said  Town,  2^  '''''■    '  "' 
the  most  whereof  is  under  good  improvement,  and  but  about  12  Rods 
in  weidth  &  encompassed  by  the  said  Minors  Lands:  and  that  the 
said  minors  own  some  unimproved  Land  at  a  distance  from  that 
beforementioned,  and  near  to  other  Land  owned  by  the  said  Whit- 
ten,  who  is  willing  to  accept  sixteen  acres  thereof  in  exchange  for 
the  fourteen  acres  beforementioned.  And  praying  that  she  may  be 
impowered  to  execute  a  deed  of  the  said  fourteen  Acres  in  exchange 
for  the  sixteen  acres  aforementioned. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted ;  and  that  the 
said  Abigail  Curtis  in  her  said  capacity  as  Guardian  to  Joseph  Curtis 
and  Seth  Curtis  be,  and  hereby  is  enabled  to  give  and  execute  a  good 
and  sufficient  deed  of  conveyance  of  the  withinmentioned  sixteen 
Acres  of  Land  unto  the  said  Thomas  Whitten,  and  in  consideration 
thereof  to  receive  a  good  and  lawful  deed  from  the  said  Thomas  to 
the  said  Joseph  and  Seth  Curtis  vesting  them  with  the  said  prop- 
erty of  the  fourteen  Acres  of  Land  mentioned  in  said  Petition. 
\^Passed  Jxme  8. 

CHAPTER    17. 

RESOLVE    confirming    3,000    ACRES   OF   EQUIVALENT  LAND   TO   HEZ: 
WARD   &   OTHERS,  ASSIGNEES. 

A  Return  was  made  to  the  Court  of  the  following  Survey  viz'  g'^sisiative 
May  26  1767.  Then  laid  out  three  thousand  Acres  of  the  unappro-  Council, 
priated  Lands  of  this  Province  pursuant  to  a  Grant  of  the  Great  ''-'"'"•' ''°' 


234 


Province  Laws  (Resolves,  etc.).  —  17G7-G8.     [Chap.  18.] 


HouBe  Jour- 
nal, pp.  24, 28, 
Ante.  p.  ISO, 
chap.  155. 


and  General  Court  made  to  M'  Hezekiah  Ward  &  Others  Assignees 
of  the  Town  of  Boston  in  proportion  to  their  several  losses  of  Land 
in  the  Town  of  Charlemont  by  the  running  of  the  Lines  of  Colraiu 
and  in  full  satisfaction  therefor  viz'  Twelve  hundred  acres  for  the 
Heirs  of  Jonas  Clark,  Benjamin  Clark  &  Ebenezer  Storer  Twelve 
hundred  acres  for  M'  Hezekiah  Ward  and  Jonathan  Ward :  Three 
hundred  acres  for  Docf  Thomas  Green  and  Samuel  Pierce,  and 
three  hundred  acres  for  Caleb  Dana,  Richard  Dana,  Jonathan  White 
and  Joseph  Wilder;  the  whole  is  bounded  on  the  North  by  Charle- 
mont South  line;  on  the  West  by  Land  sold  by  the  Province  to  Cap' 
Pason ;  on  the  South  it  bounds  by  Province  Land ;  on  the  East  partly 
on  Province  Lands  and  partly  on  Land  of  M'  Othniel  Taylor  as  the 
same  is  marked  out  and  delineated  on  the  above  plat,  with  the  first 
Letters  of  the  names  of  the  Owners  of  each  Lot  set  on  the  Corners 
and  the  Trees  about  them.  The  particular  Lots  are  bounded  as 
follows:  Clarks  and  Storers  North  on  the  South  line  of  Charle- 
mont, South  partly  on  Wards  Farm  &  partly  on  Greene's  &  Pierce's 
Farm  West  by  Pason's  Land  or  Town,  East  by  Dana,  White's  and 
Wilders.  Wards  Farm  bounds  north  partly  by  the  farm  last  described 
of  Clarks  and  Storers  and  partly  by  Danas  Whites  &  Wilders,  South 
and  East  it  bounds  by  Province  Lands,  West  by  Doctor  Green's  & 
Pierce's  Lot.  Docf  Green  and  Pierce's  Lot  bounds  on  the  West  by 
Pasons  Town  so  called.  East  by  Wards  Lot  or  Farm  South  by  Prov- 
ince Land,  North  by  Clark's  and  Storers  Lot  or  Farm.  Danas  White's 
&  Wilder's  lot  laid  East  of  Clark's  &  Storer's,  Bounds  West  by  it 
South  by  Wards,  East  by  M'  Othniel  Taylor's  and  North  by  the 
South  line  of  Charlemont:  the  lines  are  all  well  marked,  and  it  is 
laid  down  by  a  Scale  of  200  perch  to  one  inch. 

Signed  Silvanus  Rice  Surveyor 

and  Sworn  before        Thomas  Williams  Just^  pac^ 

[Read  and] 

Resolved  That  the  within  Plan  of  three  thousand  Acres  including 
the  several  Divisions,  delineated  &  described  therein  be  accepted, 
and  hereby  is  confirmed  to  Hezekiah  Ward  and  Others  Assignees 
of  the  Town  of  Boston,  their  Heirs  and  Assigns  in  full  satisfaction 
for  their  several  losses  of  Land  in  the  Town  of  Charlemont  by  the 
running  of  the  Lines  of  Colrain.  Provided  that  it  doth  not  exceed 
the  quantity  of  three  thousand  Acres,  nor  interfere  with  any  former 
Grant.     [Passed  June  8. 


CHAPTEK    18. 


RESOLVE    IMPOWERING    ELEAZER    ADAMS,    GUARDIAN,   TO    SELL     REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  32. 

House  Jour- 
nal, pp.  21, 32. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Eleazer  Adams  of  Medway  Guardian  to  Esther 
Adams  a  person  Noncompos  setting  forth  That  his  Account  of 
disbursements  for  said  Esther  amounts  to  Thirty  six  pounds  17/10 
more  than  her  Personal  Estate.  That  her  Real  Estate  was  apprized 
at  £75.6.8,  that  all  her  improved  Lands  will  rent  for  no  more  than 
two  dollars  a  year,  besides  keeping  the  Fences  in  rejiair,  and  the 
Bushes  subdued.  And  praying  that  he  may  be  impowered  to  make 
Sale  of  the  said  Esthers  Real  Estate  to  discharge  the  debt  already 
contracted  and  to  provide  for  her  future  support. 


[1st  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1767-68.  235 

[Read  and] 

Resolved  that  Eleazer  Adams  of  Medway  in  the  County  of  Suffolk 
Guardian  to  Esther  Adams  of  said  Medway  a  person  Noncompos, 
be,  and  hereby  is  impowered  to  make  Sale  of  the  whole  of  the  Real 
Estate  belonging  to  the  said  Esther  for  the  most  the  same  will  fetch, 
and  to  make  and  Execute  a  good  deed  or  deeds  of  the  same  to  the 
purchaser  or  purchasers,  their  Heirs  and  Assigns ;  He  observing  the 
directions  of  the  Law  respecting  the  Sale  of  Real  Estates  by  Exec- 
utors &  Administrators :  the  money  arising  by  said  Sale  to  be  applied, 
so  much  as  is  necessary  to  the  discharge  of  the  said  Esther's  present 
debts,  and  the  remaining  part  to  be  put  out  at  Interest  &  employed 
from  time  to  time  for  the  support  &  maintenance  of  the  said  Esther: 
and  that  the  said  Eleazer  Adams  give  caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Suffolk  that  the  said  Money  be  so  applied. 
^Passed  June  9. 


CHAPTEE    19. 

RESOLVE  IMPOWERING  THE  SELECTMEN  OF  THE  TOWN  OF  LEXINGTON 
TO  PROVIDE  FOR  THE  SUPPORT   OF  THE  FAMILY  OF  SAMUEL  PIKE. 

A  Petition  of  the  Representative  &  Selectmen  of  the  Town  of  R''f*^|j"^'j  jjj 
Lexington     Setting  forth  That  in  1732  one  Samuel  Pike  with  his  council, 
Family  came  into  the  said  Town,  and  were  legally  warned  to  depart  SaBs'.''  ^" 
&  caution  entered  accordingly  in  August  following.  That  the  said  -*-,''''.'}?'^'|f> 

Samuel  is  since  dead  after  long  illness  leaving  a  Widow  &  two  Daugh- '^^^ — 

ters,  one  of  which  hath  been  bedrid  for  ten  years  past,  and  have  Archives, 
been  a  great  expence  to  the  Inhabitants  of  said  Town.   That  the  JJ'o^use'.jour. 
Petitioners  cannot  find  that  the  said  Family  have  ever  gained   a  nai,  pp.  24, 33. 
Settlement  in  any  Town  in  the  Province.   And  praying  that  they 
may  be  relieved  at  the  Province  charge. 

Read  & 

Resolvd  that  the  Overseers  of  the  Poor  or  the  Selectmen  of  the 
Town  of  Lexinton  be  directed  to  make  suitable  provision  at  the 
publick  Expence  for  the  Support  of  those  of  the  Family  of  the  said 
Sam'  Pike  who  are  incapable  of  providing  for  them  selves  &  lay  the 
Accounts  thereof  before  the  Governor  and  Councile  from  time  to 
time  agreable  to  Law.     [Passed  June  9. 


CHAPTER      20  Legislative 

^^^■cy-^    J-  -t-i  ±X      ^JV.  Records  of  the 

Council, 

RESOLVE  ALLOWING  £2.  8  TO  MICHAEL  DAIGLE.  Mais."  ^' 

Archives, 
xxlv.,  585. 


Resolvd,  That  the  Sum  of  Forty  Eight  Shillings  be  paid  out  of  the 
Province  Treasury  to  Michel  Daigle  '  one  of  the  Nova  Scotia  French  nai, pp. 34,35. 
Inhabitants,  to  enable  him  to  transport  himself  &  Family  from  this  Laws^iv.  948 
Province  to  Canada.      [Passed  June  9.  notes.' 

'  The  House  Journal,  pp.  34,  35,  reads,  "  Michael  D.  Eagle." 


236 


PBOvmcE  Laws  {Resolves,  etc.) .  — 1767-68.     [Chaps.  21,22.] 


CHAPTEE    21 


Legislative 
Becords  of  the 
Council, 
xxvii.,  35. 

House  Jour- 
nal, p.  37. 


ORDER  OF  NOTICE   WITH  STAY  OF  EXECUTION    ON    THE    PETITION    OF 
JN«  BRIDGHAM   TO   ADMIT   AN   APPEAL   OF   AN   ACTION. 

A  Petition  of  John  Bridgham  of  Plympton  Setting  forth,  That 
Nathaniel  Goodwin  of  Plymouth  commenced  an  Action  against  him 
at  an  Inferior  Court  for  the  County  of  Plymouth  which  was  carried 
up  by  Demurrer  to  the  Superior  Court  held  in  and  for  the  said 
County  in  May  following  where  Judgment  was  made  up  against 
him  for  £13.3.61/4  damages  and  costs:  whereupon  he  appealed  to 
the  Superior  Court  held  in  &  for  the  said  County  in  May  last,  when 
and  where  he  expected  his  attorney  would  have  defended  the  said 
Action  but  thro'  mistake  this  was  not  done,  and  so  the  former  Judg- 
ment was  confirmed  with  additional  Costs.  And  praying  that  Execu- 
tion may  be  stayed,  and  that  he  may  have  power  to  enter  his  said 
Appeal  at  the  next  Suj^erior  Court  for  the  said  County. 

[Eead  and] 

Ordered  that  the  Petitioner  serve  the  said  Nathaniel  Goodwin 
with  a  Copy  of  this  Petition  that  he  make  answer  if  he  see  cause, 
on  the  third  Tuesday  of  the  next  Session  of  this  Court,  why  the 
prayer  thereof  should  not  be  granted,  and  that  Execution  be  stayed 
in  the  mean  while.      \^Passed  June  10. 


CHAPTEE    22. 

ORDER  EXEMPTING  THE  TOWN  OF  WINCHENDON  FROM  THE  PROVINCE 
TAX. 


Legislative 
Becords  of  the 
Council, 
xxvii.,  36. 

House  Jour- 
nal, pp.  25,  26, 
35,36. 


A  Petition  of  Daniel  Stimpson  in  behalf  of  the  Inhabitants  of 
the  Town  of  AVinchendon  setting  forth  That  there  has  been  a 
Tax  laid  upon  them  by  the  Government  for  six  years  amounting 
in  the  whole  to  £167.3.4;  none  of  which  has  been  yet  paid  by  reason 
of  the  smalness  of  their  numbers  and  their  extreme  poverty:  And 
praying  that  the  said  Tax  may  be  abated  and  that  they  may  be 
exempted  from  any  further  Tax,  till  they  shall  be  better  able  to 
bear  it. 

Eead  & 

Ordered  that  the  Town  of  Winchendon  be  eased  of  the  Taxes  of 
One  hundred  and  sixty  seven  pounds  three  shillings  &  four  pence 
laid  on  them  for  six  years  past :  and  that  the  said  Sum  be  added  in 
this  years  Tax  Bill  to  the  following  Towns  in  the  County  of  Worces- 
ter which  were  eased  of  the  same  Tax  in  proportion  as  the  following 
Towns  were  eased  by  laying  the  same  Tax  on  the  said  Winchendon 
viz'  on  Worcester,  Lancaster,  Mendon,  Brookfield,  Oxford,  Sutton, 
Rutland,  Leicester  Westborough,  Shrewsbury,  Lunenburgh,  Ux- 
bridge  Harvard,  Dudley,  Bolton,  Sturbridge,  Leominster  Hard- 
wick,  Western,  Douglas  &  Petersham.     \_Passed  June  10. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  237 


CHAPTEE    23. 

RESOLVE  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY 
OF  MIDDLESEX  TO  ALLOW  FURTHER  TIME  FOR  THE  ADMISSION  OF 
CLAIMS   AGAINST   AN   ESTATE. 

A  Petition  of  Isaac  Foster  of  Charlestown  Merchaut     Setting  Legislative 
forth     That  Thomas  Parker  late  of  Dracut  Clerk  dec*  is  justly  g^^eu","""^ 
indebted  to  the  Petitioner  in  about  the  Sum  of  £50     That  the  said  xxvii..  4o. 
Estate  has  been  represented  Insolvent,  but  he  not  being  apprized  House  Jour^ 
thereof  or  apprehensive  of  such  Insolvency  till  the  time  for  carrying  "^  ''''■'■    ' 
in  the  Creditors  Claims  was  near  expired;  He  then  applied  to  one 
of  the  Commissioners,  who  as  he  then  understood,  promised  to  call 
&  take  the  Petitioners  Bond  against  the  said  Estate  but  thro'  some 
misaiDprehension  of  the  matter  between  them  it  happened  that  the 
whole  term  allowed  was  expired  before  he  took  any  further  care  to 
carry  in  his  Claim,  by  which  means  he  is  like  to  be  excluded.  And 
praying  that  the  Judge  of  Probate  may  be  impowered  to  give  a 
further  time  to  the  Commissioners  to  receive  the  Creditors  Claims, 
that  so  he  may  have  opportunity  to  present  and  prove  his  own  in 
order  to  receive  his  just  proportion. 

[Read  and] 

Resolved  That  the  Judge  of  Probate  for  the  County  of  Middlesex 
be,  and  he  hereby  is  impowered  to  allow  the  Commissioners  by  him 
appointed  to  examine  the  Claims  to  the  Estate  of  Thomas  Parker 
late  of  Dracut  Clerk  deceased  two  months  longer,  if  he  shall  see 
cause,  to  receive  the  Claims  of  such  Creditors  to  the  Estate  afore- 
said as  have  not  been  before  considered  by  said  Commissioners.  And 
that  such  Claims  so  to  be  received  may  be  considered  by  said  Com- 
missioners, &  allowed  by  said  Judge,  as  if  they  had  been  exhibited 
in  due  Season.     [^Passed  Jime  11. 


CHAPTEE    24. 

RESOLVES  CONSTRUING  AN  ACT  IN  REGARD  TO  MINISTERIAL  AND  LAND 
TAXES  IN  DISTRICT  OF  SOUTH  BRIMFIELD. 

A  Petition  of  Edward  Webber  Agent  for  the  East  Parish  of  Legislative 
South  Brimfield     praying  for  an  explanation  of  the  Act  for  divid-  council, 
ing  the  District  of  South  Brimfield  into  two  separate  Parishes:  And  xxvn., 4i. 
Setting  forth     That  there  are  large  Tracts  of  Land  in  the   said  ^"i"^" ''a^'i: 
East  Parish  which  have  been  advanced  in  their  value  by  means  of  42. 'province 
their  Building  a  meeting  house  &  settling  a  minister,  towards  which  chap^'su's^Te',' 
the  said  Lands  have  not  paid  any  Tax:  And  praying  for  a  Tax  of  c^ap' m'"' ^^^' 
three  pence  ^  acre  for  three  years  on  all  the  Lands  in  said  East 
Parish,  to  be  applied  towards  finishing  the  meeting  house  and  sup- 
porting the  Gospel  therein. 

Eead  & 

Resolved  That  by  the  Act  made  in  the  sixth  year  of  his  present 
majesty's  Reign  for  dividing  the  District  of  South  Brimfield  into 
separate  Parishes ;  the  Inhabitants  of  the  West  Parish  in  said  Dis- 
trict are  not  freed  from  any  charges  that  arose  in  said  District  by 
hiring  Preaching  previous  to  the  dividing  said  District  into  separate 


238 


Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chaps.  25,  26.] 


Parishes,  &  previous  to  the  settling  a  minister  in  that  part  of  the 
said  District  now  the  East  Parish.  And  that  the  prayer  of  the  Peti- 
tion be  so  far  granted,  that  the  Selectmen  or  assessors  of  the  District 
of  South  Brimfield  are  hereby  ordered  and  impowered  to  assess  all 
such  Sum  or  Sums  of  money  that  have  not  been  assessed  and  have 
been  expended  in  hiring  preaching  in  said  District  before  said  Dis- 
trict was  divided  into  separate  Parishes,  and  before  the  settling  a 
minister  in  that  part  of  said  District  now  the  East  Parish,  in  pro- 
portion upon  the  Inhabitants  of  the  East  and  West  Parish,  that  are 
not  exempted  by  Law  from  ministerial  Taxes,  and  to  commit  the 
same  to  the  Constable  of  said  District  to  collect.  And  as  to  the 
second  part  of  said  Petition:  It  is  further 

Resolved  That  the  Petitioner  insert  the  substance  of  that  part 
of  the  Petition  relating  to  a  Land  Tax  in  two  of  the  Boston  News 
papers,  notifying  the  Nonresident  Proprietors  of  Lands  in  the  East 
Parish  of  South  Brimfield  to  shew  cause,  if  any  they  have,  on  the 
second  Tuesday  of  the  nest  Winter  Session  of  the  General  Court 
why  the  prayer  should  not  be  granted.     \^Passed  June  11. 


Legislative 
Becords  of  the 
Conncll, 
xrvU.,  43. 

House  Jour- 
nal, p.  241 
(February, 
1766);  pp."  33, 
45.   Pos<,  p.  249, 
cbap.  51. 


CHAPTEK    25. 

ORDER  ALLOWING   £3.  18   TO   0.   PARTRIDGE,  ESQ*. 

A  Petition  of  Oliver  Partridge  Esq""  Praying  an  Allowance  for 
six  days  service  and  Horse  hire  to  view  &  estimate  certain  Lands 
lying  West  of  Sheffield  in  April  1766  by  an  Order  of  the  General 
Court,  a  large  Tract  whereof  they  afterwards  sold  to  Charles  Good- 
rich. Also  praying  an  allowance  of  eighteen  shillings  for  an  Express 
from  Hatfield  to  Pittsfield  in  the  time  of  the  Eiot  at  Egremont. 

Eead  & 

Ordered  That  the  prayer  be  granted,  and  that  the  Sum  of  Three 
pounds,  eighteen  shillings  be  paid  to  the  Petitioner  out  of  the  public 
Treasury  in  full  for  his  Services  mentioned  in  the  Petition.  \^Passed 
June  12, 


CHAPTEK    26. 

RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  ISSUE  HIS  WAR- 
RANT TO  EBEN*  OLDS  TO  COLLECT  TAXES  IN  EGREMONT  AND  TO 
WITHDRAW   THE   EXECUTION   AGAINST   SAID   COLLECTOR. 


Legislative 
Records  of  the 
Council, 
xxvil.,  43. 

House  Jour- 
nal, pp.  24, 38. 


A  Petition  of  Ebenezer  Olds  Setting  forth  That  he  was  chosen 
Constable  of  the  Town  of  Egremont  in  1764  but  has  never  yet  re- 
ceived a  Warrant  from  the  Province  Treasurer  impowering  him  to 
collect  the  Province  Tax  laid  on  said  Town :  notwithstanding  which 
the  said  Treasurer  hath  made  out  an  Execution  against  him.  And 
praying  relief.  And  further  praying  that  the  Taxes  of  sundry  per- 
sons who  have  since  died  and  absconded  may  be  remitted,  as  he  will 
be  now  unable  to  collect  the  Sums  set  upon  such  persons. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Province  Treasurer  be,  and  he  hereby  is  directed  to  issue  his 
Warrant  impowering  the  Petitioner  to  collect  such  part  of  the  Sum 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  239 

committed  to  him  by  the  assessors  of  the  Town  of  Egremont  as  still 
remains  due  to  the  Province,  and  to  send  such  Warrant  to  the  Sheriff 
of  the  County  of  Berkshire  to  be  by  him  transmitted  to  the  Peti- 
tioner. And  that  the  space  of  three  Months  &  no  longer,  be  allowed 
said  Petitioner  to  collect  and  pay  in  the  said  Sum.  And  that  the 
Treasurer  be  further  directed  to  write  to  the  Sheriff  of  said  County 
to  return  the  Execution  issued  against  the  Petitioner,  and  pay  said 
Sheriff  his  Fees  for  Travel  out  of  the  public  Treasury.  [Passed 
June  12. 


CHAPTER    27. 

RESOLVE  IMPOWERING  THE  TOWN  OF  DORCHESTER  TO  SELL  LANDS 
AND  APPLY  THE  PROCEEDS  THEREOF  FOR  THE  SUPPORT  OF  A 
FREE   SCHOOL  THEREIN. 

A  Petition  of  Richard  Hall  &  others  Selectmen  of  Dorchester  Legislative 
Praying  liberty  to  sell  a  Tract  of  Laud  containing  140  Acres  lying  counc'if,  °' "^^ 
in  Stoughton,  being  part  of  a  Grant  made  by  the  ancient  proprie-  xxyII.,  U. 
tors  of  said  Town  in  the  year  1657  for  the  benefit  of  a  Free  School;  Legislative 
the  money  arising  by  said  Sale  to  be  placed  at  Interest  for  the  same  couSci?,  xxvl, 
use  till  there  shall  be  opportunity  of  vesting  it  in  other  Real  Estate,  jo^^^fp^p  28 
the  forementioned  140  Acres  being  of  very  little  profit  to  the  Town.  4i. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  that 
Richard  Hall,  William  Holden  and  Elijah  Davis,  the  Committee  of 
the  Town  of  Dorchester,  be  and  are  hereby  impowered  to  make  sale 
of  the  Lands  therein  mentioned,  and  to  make  and  execute  a  good 
deed  or  deeds  of  conveyance  thereof  to  the  purchaser  or  purchasers 
thereof;  which  Deed  or  deeds  so  made  and  executed  shall  be  good 
and  valid  in  Law  to  convey  the  said  Lands  to  the  purchaser  or  pur- 
chasers thereof;  the  proceeds  of  said  Sale  to  be  delivered  to  the 
Treasurer  of  said  Town  of  Dorchester  to  be  appropriated  &  employed 
for  the  use  of  a  Free  School  in  said  Town  as  the  Inhabitants  thereof 
shall  think  proper.     [Passed  June  12. 


CHAPTER    28. 

RESOLVE     IMPOWERING    BENJAMIN     MULLIKEN    AND    OTHERS    TO    EX- 
CHANGE LANDS   AND   TO  NOTIFY  DELINQUENT  PROPRIETORS. 

A  Petition  of  Benjamin  Mulliken  &  Moody  Bridges  Agents  for  Legislative 
the  Proprietors  of  a  Township  granted  to  them  June  35  1765  Setting  cmmci?  "' "'^ 
forth.  That  a  Pond  called  Long  Pond  contained  in  the  Plot  is  much  xxvii.,  45. 
larger  than  described  therein:  And  praying  an  allowance,  &  also  Archives, 
praying  to  exchange  a  part  of  said  Township  for  other  Province  cxyui.,  41s. 
Lands  which  would  bring  it  into  a  better  form :  And  that  they  may  Mass. 
be  impowered  to  make  Sale  of  the  Rights  of  the  delinquent  Pro-  cxvui.,  416. 
prietors  who  are  in  arrears  for  the  Taxes  laid  upon  them.  miTpp'^MM 

[Read  and]  t°'47."chiph2; 

Resolved  that  that  part  of  the  Township  granted  to  Benj^  Mulli-  p!  eel  chap'.  125. 
ken  Esq"'  and  others  June  25""  1765  lying  on  the  Easterly  side  & 
northerly  end  of  the  pond  called  Long  j)ond  containing  Eight  thou- 


240 


Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chaps.  29,  30.] 


sand,  six  hundred  &  forty  five  acres  bounded  as  followeth ;  Begining 
at  a  stone  set  into  the  ground  at  the  northeasterly  corner  of  said 
Township;  thence  South  35  degrees  East  nine  miles  to  a  Stone  set 
into  the  ground,  thence  west  25  degrees  South  seven  hundred  & 
forty  pole  to  said  Pond;  thence  northerly  by  s"*  pond  to  a  Stake  & 
stones  standing  by  a  Brook  at  the  head  of  said  pond;  thence  north 
25  degrees  West  six  hundred  &  sixty  pole  to  a  Stake  &  stones  stand- 
ing in  the  northerly  line  of  s"*  Township  thence  East  25  degrees 
north  One  hundred  &  sixty  pole  to  the  first  bound,  be,  exchanged 
for  an  equivalent  of  Laud  lying  on  the  Westerly  side,  provided  there 
be  a  sufficiency  of  Land  belonging  to  the  Province  on  that  side, 
otherwise  that  the  deficiency  be  made  up  in  Lands  at  the  Southerly 
end  of  said  Township  adjoining  thereto,  and  that  a  plan  thereof 
taken  by  Surveyor  &  Chaiumen  on  Oath,  be  returned  to  this  Court 
within  twelve  months  from  this  date  for  Confirmation. 

And  that  the  petitioners  notify  the  delinquent  Proprietors  men- 
tioned in  their  petition  by  inserting  the  substance  of  that  Clause 
in  one  of  the  Boston  News  joapers  three  Weeks  successively  that 
they  shew  cause  if  any  they  have  on  the  first  Tuesday  of  the  next 
Session  of  this  Court  why  the  prayer  thereof  should  not  be  granted. 
\^Passed  June  12. 


CHAPTER    29, 


ORDER  ALLOWING  30/  EACH   TO   TIMOTHY   PAINE   AND   JOHN   MURRAY 
AND   £1.  4  TO   MOSES  MARCY. 


Legislative 
Records  of  the 
Council, 
xxvii.,  46. 

Legislative 
Records  oi  the 
Council,  xxT., 
33fi.    House 
Journal,  pp.44, 
46.    Province 
Laws,  xvii., 
571,  chap.  134. 


A  Petition  of  Timothy  Paine,  Moses  Marcey  &  John  Murray 
Esq"  Praying  an  allowance  for  going  to  South  Brimfield  in  1764 
to  fix  a  place  for  a  meeting  House  there,  by  order  of  the  General 
Coiirt. 

Eead  and 

Ordered  That  the  prayer  be  granted,  and  that  there  be  paid  out 
of  the  public  Treasury  to  Tim°  Paine  &  John  Murray  Esq"  thirty 
shillings  each  and  to  Moses  Marcey  Esq'  One  jDound  four  shillings, 
being  Four  pounds,  four  shillings  in  full  of  the  Accounts  mentioned 
in  the  Petition :  And  that  the  same  be  added  to  the  Province  Tax 
on  South  Brimfield  the  present  year.     ^Passed  June  12. 


Legislative 
Records  of  the 
Council, 
xxvii.,  46. 


CHAPTEE    30 


ORDER   ALLOWING   £6   TO   REV.    STEPHEN   BADGER. 


House  Jour- 
nal, pp.  20,  36 


Orderd  that  the  Sum  of  Six  pounds  be  paid  out  of  the  publick 
Treasury  to  the  Rev'^  M'  Stephen  Badger  of  Natick  for  the  Charge 
he  has  been  or  may  be  at  in  supporting  any  of  the  poor  Indians  of 
Natick  he  to  be  accountable  therefor  to  this  Court.    [Passed  June  12. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  241 


CHAPTEE    31. 

RESOLVE  IMPOWERING  THE  GENERAL  SESSIONS  TO  HEAR  AND  DETER- 
MINE  QUESTIONS  IN   REGARD   TO  LAYING  OUT  A  CERTAIN   ROAD. 

A  Petition  of  David  Shaw  and  Bernard  M'=Nitt  of  Palmer     Set-  Legislative 
ting  forth     That  a  Road  hath  been  laid  out  through  their  Lands  councif,  "*  *'"' 
and  established  by  the  Sessions  greatly  to  the  damage  of  the  Peti-  ^^™-'  *^- 
tioners,  altho'  a  more  convenient  Road  thro'  the  Town  has  been  Archives, 

lately  amended.  That  they,  ignorant  of  the  Law  did  not  ajjply  in  "'^^'•'  ^^'^' 

season  for  a  Jury  to  be  sent  out  on  said  Road:  And  praying  that  Archives, 
they  may  be  still  indulged  with  that  priviledge,  their  omission  not-  "t^i-  ^• 
withstanding.  nai,  pp.  37, 

[Read  and]  45  6«,46. 

Resolved  that  the  Prayer  of  this  Petition  be  granted  and  that  the 
Justices  of  the  Court  of  General  Sessions  of  y'^  Peace  for  the  County 
of  Hampshire  at  the  next  Term  of  Said  Court  upon  Application 
made  by  the  Petitioners  be  &  hereby  are  impowered  to  hear  and 
determine  all  matters  respecting  the  Laying  the  Road  on  the  Peti- 
tion Mentioned  and  Shall  &  may  Enquire  of  all  Matters  relative 
thereto  &  in  the  Same  manner  as  they  might  have  done  by  Law  at 
the  Term  next  after  the  Return  of  the  Laying  of  Said  Road.  \_Passed 
June  12. 


CHAPTER    32. 

RESOLVE  DISCHARGING  THE  DISTRICT  OF  PALMER  OF   £174.  16. 

A  Petition  of  William  Scott  in  the  name  &  behalf  of  the  Dis-  Legislative 
trict  of  Palmer     Setting  forth     That  the  General  Court  passed  an  ^^^"^elf  °*  ""^ 
Order  in  March  last  for  the  Treasurer  to  prepare  a  List  of  debts  xxvu.,  48. 
due  to  the  Government  in  the  late  Treasurer  Foye's  days ;  in  which  Archives, 
List  is  £174.16  lawful  money  due  from  the  said  District  for  Taxes  cxviii.,  274. 
in  1742  &  1749  which  they  had  no  expectation  of  paying,  as  there  Mass. 
was  no  Law  till  1751  to  levy  and  collect  the  said  Taxes,  nor  was  cxviu.,  272. 
any  rate  given  them  till  then,  whereby  to  levy  any  Taxes  but  upon  ?^"pp^37','^J8. 
unimproved  Lands.  And  praying  relief.  Province  ' 

Read  &  chap.'i5.''^)!i:e, 

Resolvd  that  the  Prayer  be  granted  &  the  said  District  of  Palmer  Pj^^^^- <=''»p- 
be  &  hereby  is  dischargd  of  the  Sum  of  One  hundred  &  seventy  four 
pounds  Sixteen  shillings  mentiond  in  the  Petition.    {^Passed  June  IS. 


CHAPTEE    33. 

RESOLVE  IMPOWERING  SHARP  FREEBORN  AND  ESTHER  HIS  WIFE, 
INDIANS,  TO  SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO 
THE  PROCEEDS. 

A  Petition  of  Sharp  Freeborn  of  Paxton  &  Esther  his  Wife  Legislative 
daughter  of  Peter  Lawrence  of  Grafton  Indian  planter  deceased    Set-  coSncff  "^  *" 
ting  forth  That  he  the  said  Sharp  is  Owner  of  about  thirty  Acres  of  xxvii.,  m. 


242 


Province  Laws  {Resolves, etc.).  — 1767-68.     [Chap.  34.] 


49.  Province 
Laws,  XTii., 
26»,  chap.  104. 


Land  with  a  House  and  Barn  &  considerable  improvements  thereon ; 
for  whicli  he  is  in  debt  about  forty  pounds  to  M'  Timothy  Barrett 
of  said  Paxton  for  securing  whereof  lie  hath  mortgaged  the  said 
Estate.  That  the  said  Esther  hath  had  set  ofE  to  her  as  her  part 
of  her  Fathers  Estate  twenty  two  acres  of  Land,  valued  at  Forty 
pounds,  but  which  would  Rent  for  no  more  than  twenty  six  shil- 
lings &  8"*  ^  Annum  and  lyeth  at  a  distance  from  the  Land  of  the 
said  Sharp.  And  praying  that  they  may  be  impowered  to  sell  the 
said  22  Acres  in  order  to  discharge  the  forementioned  Mortgage. 

Eead  and 

Resolved  That  the  prayer  of  this  Petition  be  granted ;  and  the  said 
Sharp  and  Esther  are  hereby  impowered  by  and  with  the  consent 
and  under  the  direction  of  the  Guardians  of  the  Hassanamisco 
Indians  to  sell  the  aforementioned  twenty  two  Acres  of  Land,  the 
said  Esther's  third  or  share  in  her  Father's  Estate  for  the  most  the 
same  will  fetch,  and  make  and  Execute  a  good  &  suflBcient  deed  or 
deeds  thereof;  Always  provided  the  proceeds  thereof  shall  be  applied 
to  the  disharging  of  the  Mortgage  mentioned  in  this  Petition;  and 
the  overplus,  if  any  be,  shall  remain  in  the  hands  of  the  said  Guar- 
dians for  the  benelit  of  the  said  Sharp  and  Esther:  Provided  also 
that  when  the  said  Mortgage  shall  be  discharged,  the  said  Sharp 
shall,  and  he  hereby  is  impowered  to  execute  a  deed  of  Release  to 
the  said  Guardians  of  the  Land  whereon  he  now  dwells  in  Paxton 
in  trust  for  the  benefit  of  said  Esther,  and  tlie  Heirs  of  the  said 
Esther  after  the  decease  of  the  said  Sharj).     [Passed  June  13. 


CHAPTER    34. 

RESOLVE  IMPOWERING  ROB^  HAYDEI^  AND  ELIZABETH  HIS  WIFE, 
GUARDIANS,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD   TO  THE  PROCEEDS. 


Legislative 
Kecords  of  the 
Council, 
xxvii.,  50. 

House  Jour- 
nal, pp.  39,  49. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Robert  Hayden  of  Braintree  &  Elizabeth  his  Wife 
as  she  is  Guardian  of  her  daughter  by  a  former  husband  Elizabeth 
French  a  Minor  under  six  years  of  age  Setting  forth  That  the 
said  Minor  with  other  Heirs  was  interested  in  the  Estate  of  her 
Grandfather  Benj^  French  late  of  Braintree  dec"  that  upon  the  divi- 
sion of  said  Estate  so  much  more  than  the  Minors  share  was  assigned 
to  her  by  the  Judge  of  Probate,  as  that  she  is  ordered  to  pay  the 
other  Heirs  for  owelty  of  Partition  the  Sum  of  Sixty  six  pounds. 
That  the  said  Minor  owns  about  3%  Acres  of  Land  in  Braintree, 
which  came  to  her  from  her  father,  and  will  sell  for  near  enough 
to  pay  said  sum  &  will  be  much  more  convenient  to  be  Sold  than 
any  part  of  the  Estate  which  came  from  the  Grandfather.  And  pray- 
ing, by  advice  of  the  Judge  of  Probate,  that  they  may  be  enabled 
to  make  Sale  of  the  said  3%  Acres  of  Land  for  the  Sole  use  and 
benefit  of  the  s'^  Minor  the  proceeds  to  be  applied  as  aforesaid. 

[Read  and] 

Resolved  that  Robert  Hayden  and  Elizabeth  his  Wife  Guardians 
to  Elizabeth  French  a  Minor,  be,  and  hereby  are  impowered  to 
make  Sale  of  the  three  Acres  &  three  quarters  of  Land  in  Braintree 
belonging  to  said  Minor  mentioned  in  their  Petition,  and  to  make 
and  execute  a  good  deed  or  deeds  of  sale  thereof  to  the  purchaser 
or  purchasers,  they  attending  the  directions  of  the  Law  for  the  Sale 
of  Real  Estates  and  give  caution  to  the  Judge  of  Probate  for  the 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  243 

County  of  Suffolk  that  the  proceeds  of  the  said  Sale,  so  much 
thereof  as  may  be  necessary,  be  employed  for  payment  of  the  Leg- 
acies mentioned  in  the  Petition;  and  the  overplus  if  any  be,  to  be 
used  for  the  benefit  of  the  said  Minor.     [Passed  June  IS. 


CHAPTEE    35. 

RESOLVE   ALLOWING   £9.  1.  2  TO   SAMUEL  BROWN. 

A  Petition  of  Samuel  Brown  of  Stockbridge  Setting  forth    That  Legislative 
in  the  year  1753  by  virtue  of  a  Warrant  from  Joseph  Dwight  &  David  councu," 
Ingersoll  Esq"  he,  as  Deputy  Sheriff  of  the  County  of  Hampshire  Mal"'^^' 
went  in  quest  of  certain  Kioters  who  at  Tauconick  had  destroyed  Archives,  vi., 

the  House  and  Cornfields  of  Josiah   Loomis,  and  taking  proper  — '- 

assistance  with  him  as  he  was  ordered,  did  then  and  there  appre-  na'i"m)'- 4^9, 
hend  the  Bodies  of  Robert  Vandusen  and  John  Vandusen,  &  them  Lawf^v'^w 
did  commit  to  the  Goal  in  Springfield,  soon  after  which  they  were  chap.  107. ' 
bailed,  but  not  appearing  their  Bonds  were  forfeited;  yet  for  certain 
Reasons,  the  Governor  gave  Orders  for  suspending  the  suing  of  said 
Bonds  by  which  means  he  hath  not  been  paid  the  charge  he  was  at 
for  himself  and  assistants;  And  praying  an  allowance. 

[Read  and] 

Resolvd  that  the  Prayer  of  the  Petition  of  Samuel  Brown  be 
granted  &  that  the  Sum  of  Nine  pounds  one  shilling  &  two  pence 
be  paid  to  him  out  of  the  publick  Treasury  for  his  own  time  & 
Expence  &  to  enable  him  to  pay  the  Assistants  mentioned  in  the 
Petition.     [Passed  June  IS. 


CHAPTER    36. 

RESOLVE  EMPOWERING  REV°  ELI    FORBES    TO    CLOTHE    AND    EDUCATE 
THREE  INDIAN   CHILDREN. 

Resolved  that  Rev'^  Eli  Forbes  of  Brookfield  be  and  he  hereby  is  Legislative 
Inipowered  and  Directed  to  procure  three  Indian  Children  of  the  councff ''^'^ 
Six  nations  viz  Two  males  and  one  female  and  bring  them  to  his  xxvsi.,  51. 
Dwelling  house  in  Brookfield  to  be  Instructed  in  the  English  Lan-  Archives, 
gwage  Reading  writing  and  the  way  of  Civil  life  and  Especially  in  xxxui.,  424. 


the  Knowledge  &  practice  of  Christianity  the  Expence  whereof  to  ^^^^j 
be  paid  out  of  the  Intrest  of  the  Donation  of  the  Late  S''  Peter  xxxiii.,423. 
Warren  Decs'"  for  that  purpose  and  the  said  M'  Forbes  Shall  pro-  Sii"p'p^49r50. 
cure  the  Said  Children  Cloathing  and  Bring  them  to  Brookfield  1'™^'°'=''. '„„ 

-„  ,_,  ^  11/^  To.i  Laws,  xvl.,  60, 

upon  as  easy  and  frugal  Terms  as  he  reasonably  Can  and  after  they  chap.  128. 
shall  arrive  that  he  shall  Cloath,  Support  and  Instruct  them  as 
afores'*  at  the  Rate  of  Ten  shillings  ^  week  for  Each  Child  the  first 
year  and  that  he  Keep  a  fair  account  of  His  Expences  In  procuring 
Cloathing,  and  Supporting  &  Instructing  Said  Children  which  shall 
within  one  Year  be  laid  before  this  Court  and  [that]  '  the  Province 
treasurer  be  and  he  is  hereby  Directed  to  pay  out  of  the  Said  Intrest 
to  the  Said  M'  Eli  Forbes  the  Sum  of  Forty  pounds  In  advance  for 
the  purposes  afores"*  he  the  Said  M'  Forbes  to  be  accountable  for 
the  same.     [Passed  June  IS. 

'  Inserted  from  Legislative  Records  of  the  Council,  xxvii.,  52. 


244 


Province  LiAms  {Hesolves,  etc.) .  —  1767-(i8.     [Chaps.  37-39.] 


CHAPTER    37. 

RESOLVE   GRANTING   TO   TILLEY   RICE   LICENCE   TO   KEEP   AN   INN. 

BlfOTds"o£the       -'^   Petition  of  Timothy  Dwight  Esq'  in  behalf  of  M'  Tilley 
Councu,  Rice     Setting  forth  That  the   said   Tilley  Eice  is  removed  from 

Mas"''^'         keeping  a  House  of  public  Entertainment  at  Springfield  to  the 
Archives, cxi.,  JJouse  where  Cap'  Buckminster  had  for  many  years  kept  a  Tavern 

— ^ in  Brookfield.  That  said  House  is  a  very  convenient  Stage  for  Trav- 

Arcbives.cxi,,  ellcrs,  lying  at  the  parting  of  two  great  Roads;  that  the  Court  of 

jSinSf,"^*'       Sessions  for  granting  Licenses  in  the  County  of  Worcester  will  not 

pp.  41, 47, 51.      sit  till  the  third  Tuesday  in  August  next.  And  praying  that  this  Court 

would  impower  him  to  carry  on  the  said  business  in  the  mean  time. 

Read  & 

Resolved  that  the  prayer  of  the  petition  be  granted  &  that  the 
within  named  Tilly  Rice  be  &  hereby  is  Licensed  to  keep  a  House 
of  publick  entertainment  in  Brookfield  in  the  House  where  he  now 
lives  until  the  Next  Term  for  granting  Licenses  in  the  County  of 
Worcester  he  first  obtaining  the  approbation  of  the  Select  men  of 
the  S*  Town  of  Brookfield  and  Recognizing  before  two  Justices 
of  the  peace  in  S**  County  Quorum  Unus  in  the  Sum  of  Ten  pounds 
to  keep  good  rule  &  order  in  his  House.      [Passed  June  15. 


CHAPTEE    38. 


ORDER  ALLOWING  PELEG   WISWALL   FURTHER    TIME    TO    RETURN    A 
PLAN  OF  LAND  GRANTED   HIM. 


Legislative 
Records  of  the 
Council, 
xxvii.,  56. 

House  Jour- 
nal, pp.  44, 55. 
Ante,  p.  45, 
chap.  86. 


A  Petition  of  Peleg  Wiswall  of  Boston  setting  forth  That  on 
the  5"^  of  June  1765  '  the  Great  and  General  Court  made  him  a 
Grant  of  500  Acres  of  the  unappropriated  Lands  of  the  Province, 
He  to  return  a  plan  thereof  in  twelve  months ;  But  that  by  reason 
of  his  great  age  and  infirmities  he  hath  omitted  laying  out  the  said 
Land.  And  praying  for  further  time. 

Read  and 

Ordered  That  the  Petitioner  be  allowed  the  further  time  of  twelve 
months  from  this  time  to  return  the  Plan  mentioned  in  the  Peti- 
tion.    [Passed  June  16. 


CHAPTER    39, 


RESOLVE  CONFIRMING  THE   PROCEEDINGS   AT  THE   TOWN  MEETING  IN 
BERKLEY. 


Legislative 
Records  of  the 
Council, 
xxvii.,  56. 

House  Jour- 
nal, pp.  39, 57. 


A  Petition  of  the  Selectmen  of  Berkley  setting  forth  That  in 
the  month  of  March  last  the  Town  met  and  chose  the  several  Town 
Officers  by  Law  required,  who  accordingly  qualified  themselves  and 
entered  upon  their  respective  Offices.  That  the  Warrant  for  calling 
said  meeting  tho'  signed  by  three  Selectmen  yet  had  but  one  Seal, 
whereupon  a  doubt  has  arisen  respecting  the  legality  of  said  Meet- 

>  See  House  Journal,  p.  28  (1765) ,  but  the  grant  was  for  400  acres.  —  Ante,  p.  45,  chap.  86. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  245 

ing.  And  praying  the  intervention  of  tliis  Court  for  establishing  the 
same. 

Read  & 

Resolved  That  the  Orders  or  Warrant  mentioned  in  this  Petition, 
and  all  the  transactions  of  the  Town  Meeting  thereon,  had  ought 
to  be  accounted  and  adjudged  good  and  valid  in  Law,  any  supiDOsed 
defect  therein  for  want  of  sealing  notwithstanding.    \_Passed  June  16. 


CHAPTER    40. 

RESOLVE  IMPOWERING  HENRY  AND  RUTH  STILES,  GUARDIANS,  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Euth  Stiles  of  Hatfield  Guardian  to  her  two  Sons  Legislative 
Oliver  Kellogg  and  Russell  Kellogg  Minors  Setting  forth  That  g^™cn'°*' 
some  years  since  John  Kellogg  of  Hatfield  deceased  by  his  last  Will  xxTii.,  57. 


devised  to  the  said  Minors  certain  Lands  which  will  not  come  into  Mass. 
their  Improvement  till  they  arrive  to  the  age  of  21  years.  That  the  771.  House  '' 
said  Russell  Kellogg  is  very  solicitous  to  obtain  a  Liberal  Education,  Journal,  pp.  12, 
and  hath  already  made  a  considerable  proficiency  in  Learning.  And 
having  no  other  means  to  support  the  Charge,  Praying  that  this 
Court  would  impower  some  suitable  person  to  make  Sale  of  so  much 
of  the  said  Lands  as  shall  be  requisite  for  the  purpose  aforesaid. 

[Read  and] 

Resolved  That  Henry  Stiles  and  Ruth  Stiles  Guardians  to  Oliver 
Kellogg  and  Russel  Kellogg  Minors  be,  and  they  are  hereby  impow- 
ered  to  make  sale  of  so  much  of  the  Real  Estate  belonging  to  the 
said  Minors  as  shall  amount  to  a  Sum  not  exceeding  One  hundred 
pounds  and  to  make  and  execute  a  good  deed  or  deeds  of  the  same 
to  the  purchaser,  or  purchasers,  they  the  said  Henry  and  Ruth  giv- 
ing Bond  to  the  Judge  of  Probate  for  the  County  of  Hampshire  that 
the  proceeds  of  said  Sale  be  employed  for  the  use  and  benefit  of  the 
said  Minors.     \^Passed  June  16. 


CHAPTER    41. 

RESOLVE  MAKING  PROVISION  FOR  27  RECRUITS  OF  THE  W^  REGIMENT. 

His  Excellency  the  Goyernor  having  by  a  Message  of  the  Legislative 
28  May  last  acquainted  the  House  of  the  arrival  of  Twenty  seven  councif,  °* '''^^ 
Recruits  under  the  command  of  Ensign  Dalrymple  of  his  majesty's  xxvii.,  57. 
14'''  Regiment  of  Foot  now  at  Halifax,  and  having  desired  that  the  Legislative 
House  would  take  Order  that  proper  Provision  might  be  made  for  councl?,"**  ^ 
them.  xxvii.,  8. 

Resolved  That  such  provision  be  made  for  these  Men  while  they  nai,  p.  56. 
remain  here,  as  has  been  heretofore  usually  made  for  his  majesty's 
Regular  Troops  when  occasionally  in  this  Province,  and  that  the 
Commissary  General  be,  and  he  hereby  is  directed  to  see  that  this 
Resolve  be  put  in  execution.     \^Passed  June  16. 


246 


PEOvmcE  Laws  {Resolves,  etc.).  — 1767-68.     [Chaps.  42-44.] 


Legislative 
Becords  of  the 
Council, 
xxvli.,  103. 

House  Jour, 
nal,  pp.  10, 13, 


CHAPTEE    42. 

RESOLVE   ALLOWING   27/  TO   SAM"-  DENNY. 

A  Petition  of  Samuel  Denny  of  Leicester  Setting  forth  That 
he  was  recognized  to  appear  at  the  Superior  Court  at  Taunton  in 
1765  as  a  AVitness  in  the  case  of  one  Henry  Grossman  then  a  Prisoner 
in  Taunton  Goal  for  Theft,  who  was  found  guilty  and  afterwards 
pardoned.  That  the  Petitioners  place  of  aboad  is  seventy  miles  from 
Taunton  and  that  he  hath  received  nothing  for  his  Travel  &  attend- 
ance. And  praying  an  Allowance. 

[Read  and] 

Resolved  that  the  Sum  of  twenty  seven  shillings  be  allowed  &  paid 
out  of  the  public  Treasury,  to  Cap'  John  Brown  for  the  use  of  the 
Petitioner  in  full  for  his  Travel  and  attendance  as  within  mentioned. 
[Passed  June  16. 


Legislative 
Records  of  the 
Council, 
xxvU.,  58. 

House  Jour- 
nal, pp.  49,  57. 


CHAPTEE    43. 

RESOLVE    IMPOWERING    SAMUEL    AND    JOHN    DUTCH    TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Samuel  Dutch  and  John  Dutch  both  of  Dan- 
vers  Setting  forth.  That  their  Father  Samuel  Dutch  died  in  the 
year  1753  leaving  four  Children,  two  of  which  are  daughters  & 
minors,  That  their  Fathers  whole  Estate,  except  Household  Goods 
consisted  of  a  Dwelling  house,  a  Saw  mill.  Grist  mill  and  about 
twenty  acres  of  Land  all  lying  in  Ipswich:  That  in  March  last  the 
Grist  Mill  fell  down  &  is  intirely  destroyed.  That  the  Saw  Mill  and 
dwelling  house  are  so  gone  to  decay  that  there  is  little  like  to  be 
left  besides  the  Land  when  the  youngest  daughter  shall  come  of 
age.  And  praying  that  they  may  be  impowered  to  make  Sale  of  the 
said  Estate  for  the  use  and  benefit  of  the  Heirs. 

[Read  and] 

Resolved  That  Samuel  Dutch  and  John  Dutch  of  Danvers  be,  & 
they  are  hereby  impowered  to  make  Sale  of  the  Dwelling  House, 
Saw  Mill  and  Grist  Mill  and  twenty  Acres  of  Land  lying  in  Ipswich 
which  belonged  to  their  Father  Samuel  Dutch  deceased  for  the  most 
the  same  will  fetch,  and  to  make  and  execute  a  good  deed  or  deeds 
of  the  same  to  the  purchaser  or  purchasers,  they  giving  Bond  to  the 
Judge  of  Probate  for  the  County  of  Essex  that  the  produce  of  said 
Sale,  so  much  thereof  as  by  Law  belongs  to  their  Sisters  Mary  & 
Mehitabel,  Minors,  be  put  out  on  Interest,  and  that  the  said  Samuel 
and  John  pay  the  same  to  them  when  they  come  of  age  or  time  of 
Marriage.     [Passed  June  17. 


Legislative 
Records  of  the 
Council, 
xxvli.,  .59. 


House  Jour- 
nal, pp.  6b,  69. 
Province 
Laws,  xvii., 
360,  chap.  305. 


CHAPTEE    44. 

VOTE   CHOOSING  A  GUARDIAN  FOR  THE   PUNCAPOG  INDIANS. 

The  two  Houses  according  to  Agreement  proceeded  to  the  Choice 
of  a  Person  to  be  Guardian  of  the  Puncapaug  Indians,  in  the  room 
of  Joseph  Billings  who  desired  to  be  excused  from  that  Service  And 
the  Votes  being  collected  &  sorted,  it  appeared  that  Jonathan  Capen 
was  chosen  by  a  great  Majority.      [Passed  June  17. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.) .  — 1767-68.  247 

CHAPTEE    45. 

EESOLVE  ALLOWING   £4  ANNUALLY  FOR  FOUR  YEARS  TO  W"  COVELL. 

A  Petition  of  William  Covel  of  Wellfleet  in  the  County  of  Barn-  Legislative 
stable     Setting  forth  That  he  hath  been  five  times  in  his  Majesty's  coSncir*'"* 
Service  and  contracted  such  a  lameness  therein,  that  he  is  become  xxyij.,  eo. 
incapable  of  getting  a  livelihood ;  that  his  only  Son  did  also  serve  Mase. 
thro'  four  or  five  Campaigns,  but  is  now  dead,  and  the  Petitioner  ix^x.Jes?. 
being  upwards  of  sixty  three  years  of  age,  is  destitute  of  Relations  ^°"pp''3*'i"^9 
to  help  him.  And  praying  for  Relief  from  this  Court.  ••  ««• ' 

[Read  and] 

Resolved  That  there  be  paid  out  of  the  public  Treasury  to  the 
Selectmen  of  Welfleet  the  Sum  of  four  pounds  annually  for  the 
space  of  four  years  by  them  to  be  employed  for  the  support  of  Wil- 
liam Covel  a  person  wounded  in  the  Province  service  and  now  a 
cripple ;  said  Grant  to  cease  at  the  death  of  said  Covel  in  case  it 
should  happen  before  said  four  years  be  expired.    [^Passed  June  17. 


CHAPTEE    46. 

RESOLVE  ALLOWING   £40.  1.  8   TO   W''   THAYER. 

A  Petition  of  William  Thayer  of  Mendon     setting  forth     That  Legislative 
he  being  Captain  of  a  foot  Company  in  Mendon,  was,  pursuant  to  councfi^ "*  **"* 
two  Acts  of  this  Government  made  in  1758  &  1759  obliged  to  fur-  xxvu.,  ei. 
nish  out  of  his  Company  a  certain  Quota  of  Men,  for  which  purpose  Archives, 

the  Government  granted  a  Bounty  and  made  provision  that  in  case  ^^^^■'  ^^- 

the  Men  did  not  inlist  by  a  certain  time  they  should  be  impressed,  Archives 
and  made  further  provision  that  a  Sum  not  exceeding  £13.6.8.^  ixxx.,  &ti. 
man  should  be  employed  in  behalf  of  the  people  called  Quakers  to  naiypp-sr^sg. 
hire  their  proportion  of  Men  in  case  there  should  not  be  enough  Laws.^iv.,  159 
raised  by  inlistment:   That  the  Petitioner,   finding  the   Province  <^hap.'3;  192, ' 
Bounty  insufficient  to  engage  the  Men,  advised  with  other  Officers;      •''^"p- 
and  thereupon  jDroposed  to  his  Company  to  contribute  a  Sum  in 
addition  thereto  in  order  to  obtain  the  Men  by  inlistment,  who 
readily  agreed  to  it ;  and  one  George  Aldrich  agreed  the  same  in 
behalf  of  the  Quakers,  and  so  the  Men  were  inlisted :  Yet  the  Quakers 
afterwards  refused  to  pay  anything  because  the  men  were  inlisted 
and  not  impressed ;  whereupon  a  Suit  has  been  commenced,  and  the 
Petitioner  adjudged  to  pay  damages  and  Costs.  And  praying  relief. 

Read  & 

Resoh'd  that  the  Sum  of  forty  pounds  One  shilling  &  Eight  pence 
be  paid  out  of  the  publick  Treasury  to  the  Petitioner  William  Thayer 
in  full  Consideration  for  the  Expence  &  trouble  he  has  been  put  to, 
by  means  of  the  Suit  brot  against  him  as  mentiond  in  his  Petition. 
[Passed  June  17. 


248 


Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chaps.  47,  48.] 


CHAPTEK    47. 


RESOLVE    IMPOWERING    TIMOTHY    WOODBRIDGE    TO    SELL    LAND    AND 
MAXING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Becords  of  the 
Council, 
xxvii.,  67. 

House  Jour- 
nal, pp.  33, 47, 
62,63. 


A  Petition  of  Timothy  Woodbridge  of  Hatfield  Clerk  Setting 
forth  That  Col°  Joshua  Lamb  late  of  Roxbury  deceased  by  his 
last  Will  and  Testament,  among  other  things  devised  to  the  Peti- 
tioner during  his  life,  and  at  his  decease  to  the  Petitioners  Son 
Joshua  Lamb  Woodbridge  a  Minor,  and  in  want  of  issue  to  the 
last  mentioned  person,  to  be  to  the  Petitioner  and  his  Heirs,  a  cer- 
tain Tract  of  Land  lying  in  Roxbury  a  little  West  of  the  Meeting 
House  containing  about  ten  Aces.  And  inasmuch  as  the  said  Land 
is  very  unprofitable,  and  as  the  Petitioner  has  an  opportunity  to 
purchase  Lands  of  three  times  the  value  with  the  money  it  would 
produce;  Praying  that  he  maybe  impowered  to  make  sale  of  the 
said  ten  Acres  and  vest  the  produce  in  other  Lands. 

[Read  and] 

Resolved  That  the  Petitioner  Timothy  Woodbridge  be  and  hereby 
is  impowered  to  make  Sale  of  the  Land  mentioned  in  his  Petition, 
and  to  make  and  execute  a  good  deed  or  deeds  of  the  same  to  the 
purchaser  or  purchasers,  &  that  the  money  arising  by  the  said  Sale 
to  be  laid  out  in  Lands,  and  the  Lands  so  bought  shall  be  &  remain 
to  the  same  Uses,  and  no  other,  than  those  to  which  the  said  Land 
hereby  ordered  to  be  sold  were  settled  &  disjiosed  by  virtue  of  the 
last  Will  and  Testament  of  Joshua  Lamb  deceased  mentioned  in 
the  Petition.  And  that  the  Petitioner  give  Bond  to  the  Judge  of 
Probate  for  the  County  of  Hampshire  that  the  said  money  be  so 
applied,     [^Passed  June  18. 


CHAPTEE    48. 

RESOLVE  DIRECTING  JOSEPH   HAWLEY  TO  MAKE   REPORT  FOR  A  CER- 
TAIN   COMMITTEE. 


Legislative  THE  FOLLOWING  Resolye  passed  On  the  petition  of  David  Inger- 

Councii,  soil  of  Great  Barrington,  in  regard  to  the  purchase  of  a  tract  of 

xxvii.,  68. \2t.\\A  from  a  committee  of  the  General  Court,  two  of  whom  died 

na'i"pi)'«"58     before  the  committee  made  report ' 

59. '  Province  Whereas  Joseph  D  wight,  Joseph  Hawley  &  John  Choate  Esq" 
cimp!'365.''  '  were  in  the  month  of  April  1755  appointed  a  Committee  to  make 
Sale  of  the  Right,  Title  and  Estate  of  this  Province  for  all  the 
Lands  West  of  Sheffield  and  Stockbridge,  and  to  make  Report  to 
the  General  Court  at  tlie  then  next  Session  of  their  doings  thereon. 
And  it  doth  not  appear  that  said  Committee  have  as  yet  made  any 
Report;  and  the  said  Joseph  Dwight  and  John  Choate  Esq"  two 
of  said  Committee  being  now  deceased     Therefore 

Resolved  That  Joseph  Hawley  Esq'  the  sole  survivor  of  said  Com- 
mittee be  and  he  hereby  is  directed  to  make  Report  to  this  Court 
as  soon  as  may  be  of  the  doings  of  the  Committee  aforesaid.  \^Passed 
June  18. 

•  See  Legislative  Records  of  the  Council,  xxvii,,  68,  and  the  House  Journal,  p.  44. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1767-68.  249 


CHAPTER    49. 

RESOLVE  REMITTING  TO  THE   TOWN  OF  HOPKINTON   £9   FINE  FOR  NOT 
SENDING  A  REPRESENTATIVE. 

A  Petition  of  Joseph  Mellen  Agent  for  the  Town  of  Hoijkiuton  Legislative 
Praying  that  in  consideration  of  tlieir  jDOverty,  and  the  Expence  councif  ***  ** 
they  have  hitely  been  at  in  supporting  their  poor,  in  repairing  their  xxtji.,  69. 
meeting  house  and  in  building  a  School  House,  a  Fine  of  Xine  pounds  House  Jour- 
laid  upon  them  the  last  year  for  not  sending  a  Representative  may  es! '  ?''rovince 
be  remitted  them.  i'i,'^V.''&f' • 

chap.  6;  927, 

[Keaa  and  J  note. 

Resolved  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  Joseph  Mellen  Agent  for  the  Town  of  Hopkinton  the  Sum 
of  Nine  pounds,  the  said  Town  being  fined  that  Sum  for  not  send- 
ing a  Representative  to  the  General  Court  the  least  year.  \_Passed 
June  18. 


CHAPTER    50. 

ORDER  ACCEPTING  REPORT  OF  THE  COMMITTEE  ON  NEW  HAMPSHIRE 
LINE  AND  DIRECTING  THEM  TO  SEND  FOR  TESTIMONY  IN  REGARD 
TO  THE  RUNNING  THEREOF. 

The  Committee  appointed  to  take  into  consideration  M'  Jack-  K|for|f''o(tiie 
sons  Letter  of  the  22''  of  January  last  relating  to  the  affair  of  New  Council, 
Hampshire  Line,  and  to  prepare  Instructions  to  M'  De  Berdt  rela-  Mas".'"  ^'^' 
tive  thereto,  report  That  having  fully  examined  the  evidence  relat-  ^•^•^''^*^^> '^•' 

ing  to  this  Province  proceeding  in  the  settling  of  the  said  Line  no      '        

evidence  appears  that  application  has  been  made  to  Walter  Bryant  Records  ome 
Esq'  who  ran  that  Line  in  1741  to  give  his  Testimony  relative  thereto,  l^i'^-li^li'. 
which  to  your  Committee  appears  necessary  to  be  had,  as  also  an  9. 25-   House 
evidence  from  Cap'  Gowing  who  was  concerned  in  that  affair  in  ^mJc,  p.'sos, 
behalf  of  this  Province;  and  your  Committee  is  humbly  of  opinion,  '='^''p- '^''''• 
that  it  is  of  so  great  consequence  that  an  Express  be  sent  as  soon 
as  may  be  in  order  to  procure  the  Testimonies  aforesaid. 

All  which  is  submitted  Benj'^  Lincoln  ^  Order 

Read  &  accepted  & 

Orderd  that  the  said  Com'  be  directed  forthwith  to  send  an  Ex- 
press with  proper  Directions  to  some  suitable  person  for  the  pur- 
poses mentiond.     \_Passed  Jtme  18. 


CHAPTER    51. 

RESOLVE  ALLOWING   £11.  3   TO   THE  DISTRICT  OF  EGREMONT. 

A  Petition  of  Timothy  Kellogg,  Samuel  Colver  and  Ephraim  Legislative 
Fitch  Selectmen  of  Egremont  Settmg  forth    That  the  said  District  counc'if,  *"  ""^ 
lyes  adjoining  to  Nobletown  claimed  by  New  York ;  and  as  the  Line  jf.^^''--  '''^■ 
between  the  two  Governments  is  unsettled,  sundry  Inhabitants  of  Archives,  vi., 

Egremont  have  suffered  in  the  late  disturbances  in  those  parts,  and  ^ 

the  whole  Town  kept  in  Alarm  for  the  space  of  six  Weeks,  whereby  ¥*^^:        . 


250 


Provixce  'LAyvs(Iiesolves,etc.).  — 1767-68.     [Chaps.  52,  53.] 


340.    House 
JoornaUpp. 
66.    Ante, 
p.  216,  chap. 
2-22;  p.  238, 
cfaay.  25. 


they  have  been  greatly  hnrt  in  their  Crops:  That  they  have  been 
the  last  year  engaged  in  building  a  meeting  house;  besides  which 
they  have  been  obliged  to  furnish  their  Friends  &  neighbours  at 
Nobletown  with  necessaries  in  the  time  of  their  distress.  And  pray- 
ing an  allowance  of  their  Account  for  tlie  articles  last  mentioned, 
and  an  abatement  of  their  Province  Tax  in  consideration  of  their 
own  sufferings. 

Read  & 

Resoh'd  that  there  be  allowd  &  paid  out  of  the  publick  Treasury 
the  Sum  of  Eleven  pounds  three  Shillings  to  M'  Ephriam  Fitch  for 
the  Use  of  the  District  of  Egremont  in  full  Discharge  of  the  Ac- 
count given  in  to  this  Court  by  the  Selectmen  of  Egremont  aforesaid. 
^Passed  June  19. 


CHAPTEE    52, 


ORDER  IMPOWERING  SAM'- 


WHITE  TO  DEFEND    HIMSELF   AGAINST    AN 
ACTION. 


Legislative 
Records  of  the 
Council, 
xxvii.,  34,74. 

Legislative 
Records  of  the 
Council,  xxvi., 
3S3;  xxvil.,  60. 
House  Jour- 
nal, pp.  33,  4S, 
60, 66.    Ante, 
p.  218,  chap. 
224. 


A  Petition  of  Samuel  White  of  Dedham  praying  that  he  may 
be  allowed  to  appear  and  defend  an  Action  commenced  against  him 
by  David  Fisher,  his  default  notwithstanding. 

Read  And 

Ordered  that  the  Petitioner  have  liberty  to  defend  himself  against 
the  Action  in  said  Petition  mentioned  at  the  next  Inferior  Court 
of  Common  pleas  to  be  held  at  Boston  within  and  for  the  County 
of  Suffolk  on  the  second  Tuesday  of  July  next ;  and  that  the  Jus- 
tices of  said  Court  be  impowered  to  receive  and  admit  the  Petitioners 
pleas  and  give  Judgment  thereon  accordingly,  the  default  mentioned 
in  said  Petition  notwithstanding.  Provided  the  Petitioner  give  suffi- 
cient security  to  the  Sheriff  of  the  County  of  Suffolk  to  pay  such 
Sum  or  Sums  of  Money  as  shall  finally  be  recovered  against  him, 
and  that  the  said  Samuel  AVhite  Serve  the  said  David  Fisher  with  a 
Copy  of  this  Order  fourteen  days  before  the  sitting  of  said  Court. 
[Passed  June  19. 


CHAPTEE    53, 


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


Legislative 
Records  of  the 
Council, 
xxvii.,  76. 

House  Jour- 
nal, pp.  9,  56. 


An  Account  of  James  Russell  Esq'  Treasurer  of  the  County  of 
Middlesex  being  laid  before  the  Court  for  allowance,  the  following 
Order  passed  thereon  viz' 

Resolved  That  the  within  Account  being  right  cast  and  well 
vouched,  be  allowed :  And  that  the  Treasurer  be  discharged  of  the 
Sum  of  Five  hundred  and  ninety  seven  pounds,  six  shillings  and 
11''%  which  he  has  paid  by  order  of  the  Court  of  Sessions,  and  that 
he  be  further  accountable  for  the  Sum  of  Seventy  eight  pounds, 
seventeen  shillings  and  five  pence  one  farthing  a  balance  still  due 
to  the  County.     [Passed  June  19. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  251 


CHAPTEE    54. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF  THE   TREASURER   OF   SUFFOLK 
COUNTY. 

An  Account  of  Joshua  Henshaw  Esq''  Treasurer  of  the  County  Legislative 
of  Suffolk  was  laid  before  the  Court  for  allowance  whereupon  the  coSif,"**''^ 
following  Order  passed  viz'  xxyu.,  78. 

Resolved  That  the  within  Account,  being  right  cast  and  well  House  Jour, 
vouched  be  allowed;  and  that  the  Treasurer  be  discharged  of  the  SjV^'  '*" ' 
Sum  of  Sixteen  hundred  and  sixty  nine  pounds,  eighteen  shillings 
1/4  which  he  has  paid  by  order  of  the  Court  of  Sessions,  and  that 
there  is  due  to  said  Treasurer  from  the  County  two  hundred  eigh- 
teen pounds,  eighteen  shillings  and  three  pence  %  and  that  there 
is  out  standing  in  Taxes  yet  unpaid  the  Sum  of  Sixteen  hundred 
and  ninety  two  pounds,  fourteen  shillings  and  eleven  pence,  for 
which  the  said  Treasurer  is  further  accountable  when  he  shall  re- 
ceive the  same.     ^Passed  June  20. 


CHAPTEE    55. 

RESOLVE   IMPOWERING    SETH    HAMBLEN,  EXECUTOR,  TO   SELL    REAL 
ESTATE  AND  MAKING   PROVISION   IN  REGARD  TO  THE   PROCEEDS. 

A  Petition  of  Seth  Hamblen  Executor  of  the  last  Will  and  Tes-  Legislative 
tament  of  Southward  Hamblen  late  of  Barnstable  deceased    Setting  comidf  °''''^ 
forth     That  the  deceaseds  personal  Estate  is  insufficient  to  pay  his  x-xvii.,  io. 
just  debts  which  amount  to  £102.1  more  than  his  said  Estate.  And  Legisi.itive 
praying  that  he  may  be  impowered  to  sell  of  the  deceaseds  Eeal  coSSc'if,  xil'if, 
Estate  to  the  amount  and  for  the  purpose  aforesaid.  "".  House 

r-r-.       T  TT  r      r  Journal, pp.  59, 

[Read  andj  67,68.   Prov- 

Resolved  That  Seth  Hamblen  of  Barnstable  sole  Executor  to  the  iL^m.^ha'p.io. 
last  Will  and  Testament  of  Southward  Hamblen  deceased  be,  and 
he  is  hereby  impowered  to  make  Sale  of  so  much  of  said  deceaseds 
Eeal  Estate  as  will  amount  to  One  hundred  and  two  pounds  one 
shilling  and  cost  of  Sale,  and  make  and  execute  a  good  deed  or  deeds 
to  the  purchaser  or  purchasers  thereof;  He  attending  the  directions 
of  the  Law  respecting  the  sale  of  Eeal  Estates  by  Executors  &  Ad- 
ministrators ;  He  first  giving  Bond  to  the  Judge  of  Probate  for  the 
County  of  Barnstable  that  the  proceeds  of  said  Sale  shall  be  applied 
to  the  discharge  of  the  just  debts  of  the  said  Southward  Hamblen. 
\^Passed  June  20. 


CHAPTEE    56. 

ORDER  OF  NOTICE  WITH  STAY  OF  ALL  PROCEEDINGS  ON  THE  PETI- 
TION OF  JN"  NORTON  IN  REGARD  TO  CONFIRMATION  OF  LAND  PUR- 
CHASE. 

A  Petition  of  John  Norton  Esq'  of  Edgartown  Agent  for  the  Legislative 
Proprietors  of  the  Island  of  Chapaquidic   within  the  said  Town-  councif  °* '''^ 
ship     Setting  forth  That  their  Ancestors  purchased  the  said  Island  xxvii.,  si. 


252 


Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chap.  57.] 


Mass. 
Archives, 
cxvlli.,  298. 

Mass. 
Archives, 
cxvlli.,  2a2. 
House  Jour- 
nal, pp.62, 66. 
Province 
Laws,  xvli.,  81, 
chap.  198;  403, 
chap.  53;  542, 
chap.  76. 


of  the  Indian  Natives,  tliat  the  Lands  thereon  together  with  other 
Lands  were  confirmed  to  them  by  the  Eoyal  Charter,  that  they  were 
also  confirmed  to  them  by  Francis  Lovelace  Governor  of  New  York, 
and  after  they  were  annexed  to  this  Province,  were  confirmed  by  an 
Act  or  Law  of  this  Province,  all  which  confirmations  were  made 
according  to  their  Grants  or  Letters  Patent.  That  several  petitions 
have  of  late  years  been  preferred  to  the  General  Court  by  the  pro- 
prietors to  have  the  said  Lands  set  off  to  the  purchasers,  which  have 
been  referred  to  a  Committee  who  have  agreed  to  report,  which  Re- 
port they  pray  may  not  be  accepted  till  the  Proprietors  have  had 
a  hearing  thereon.  And  further  praying  that  the  Lands  j)urchased 
of  the  Indians  may  be  confirmed  to  the  Proprietors,  they  paying ' 
their  proportionable  part  of  the  purchase  money,  and  that  this 
Court  would  interpose  for  the  welfare  of  the  said  propriety. 

Read  & 

Ordercl  that  the  Proprietors  of  the  said  Island  both  English  & 
Indian  be  notifyd  of  this  Petition  by  the  Petitioner,  by  serving  them 
with  a  Copy  of  the  same  to  shew  Cause  on  the  second  Thursday  of 
the  nest  Session  of  this  Court  why  the  Prayer  should  not  be  granted 
&  that  in  the  mean  time  all  Proceedings  in  the  General  Court  & 
at  the  Common  Law  Courts  relative  to  Chappoquideck  be  stayd. 
[Passed  June  20. 


CHAPTEE    57. 


Legislative 
Records  of  the 
Council, 
xxvli.,  82. 
Mass. 
Archives, 
Lxxxvil.,  372. 

House  Jour- 
nal, 5.  67. 
Province 
Laws,  U.,  943, 
chap.  8. 


RESOLVE  IN  REGARD   TO  THE   PROVINCE   HOSPITAL  AT  WEST  PART  OF 
BOSTON. 

Whereas  a  good  &  Convenient  House  hath  been  provided  at  the 
Charge  of  the  Province  at  the  West  part  of  Boston  for  the  Recep- 
tion of  such  persons  as  shall  be  Visited  with  Contagious  Sickness, 
which  was  Suppos'd  &  intended  to  be  put  under  the  Care  and  Reg- 
ulation of  the  Select  Men  of  the  Town  of  Boston,  in  the  same  way 
&  manner  as  the  Hospitall  at  Rainsford  Island  is  by  Law  under 
their  Care  and  Management,  and  whereas  the  Select  Men  of  said 
Town  have  ever  since  acted  agreeable  thereunto  which  in  Conse- 
quence of  their  Care  under  Providence  hath  at  sundry  Times  been 
the  means  of  preventing  the  Small  Pox  spreading  in  said  Town,  & 
thereby  of  preventing  spreading  the  same  into  the  Country  Towns 
which  would  have  been  of  fatal  Consequence,  &  whereas  the  power 
of  said  Select  Men  relative  thereto  hath  of  late  been  Call'd  in  ques- 
tion. Therefore  ' 

Resolved  that  the  Select  Men  of  said  Town  for  the  Time  being 
be  &  hereby  are  vested  with  the  same  power  Right  &  Authority 
with  Respect  to  said  Province  Hospitall  in  said  West  part  of  Bos- 
ton as  by  Law  they  are  Vested  with,  with  Respect  to  the  Hospitall 
on  Rainsford  Island  till  the  further  order  of  this  Court.  [Passed 
June  20. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  253 


CHAPTER    58. 

RESOLVE  ALLOWING   £250  TO  THE   COMMISSARIES    FOR    SETTLING    THE 
LINE   WITH  NEW   YORK. 

This  Court  having  at  their  sessions  in  March  last  made  choice  Legislative 
of  the  Hon""  Thomas  Hutchinson  Esq.,  The  Hon  William  Brattle  0^™"'?,°""* 
Esq'  and   Edward   Sheaf  Esq',   Commissarys,    to   Settle  the  Line  xxvu.,  83. 
between  this  Province  &  that  of  New  York,  in  conjunction  with  Archives,  vi., 
such  as  may  be  Chosen  by  the  Government  of  New  York  '^ 

Resolved  that  there  be  paid  to  the  Said  Commissarys,  out  of  the  J^.,°"""' ^g°"" 
Publick  Treasury  the  Sum  of  Two  hundred  &  fifty  pounds,  to  enable  in«e,  p. 'in, 
them  to  discharge  the  Important  Trust,  to  which  they  are  Appointed,  *^'"''''  '^^^' 
They,  upon  their  return  to  be  accountable  for  the  Same.     \^Passed 
June  20. 


CHAPTER    59. 

ORDER  ACCEPTING  AND  CONFIRMING  A  PLAN  OF  THE  BOUNDARY  LINES 
OF  BIDEFORD,  SCARBORO'   AND  FALMOUTH. 

Whereas  there  was  a  Plan  taken  of  several  Townships  by  John  Legislative 
Brown  Esq'  Surveyor  by  order  of  a  Committee  of  this  Court  in  1763  councif  °**'^ 
viz'  of  Narraganset  N°  1,  Pearsontown  N°  7,  with  the  Lines  of  Bide-  xxvii.,  83. 
ford,  Scarborough  and  Falmouth  as  run  by  said  Committee,  which  Maps  and 
Plan  is  mislaid  or  lost;  &  an  Order  thereupon  passed  this  Court  in  xw^^^'housb 
their  present  Session,  that  the  said  John  Brown  take  an  exact  Plan  J,""™'''' i^''- ^*' 
of  said  Townships,  and  running  said  Lines  of  said  Bideford,  Scar-  Province 
borough  and  Falmouth  from  his  Field  Book  or  Journal,  and  make  uT^c^ifp^a^; 
Oath  to  the  same;  in  consequence  of  which  Order  of  Court  the  said  '^2l;tf^'^'^i^^' 
John  Brown  hath  returned  the  within  Plan,  by  whicli  Plan  it  appears  chap'.  3.' 
that  the  Boundary  or  Head  Lines  between  the  Towns  of  Falmouth 
&  Scarborough,  Bideford  and  the  Plantation  called  Narraganset  N°  1 
&  N°  7,  called  Gorhamtown  are  as  followeth     Begining  at  a  maple 
tree  standing  fifteen  Eods  below  Inkhorn  brook,  and  from  thence 
runs  South  23''  30  M  East  3  Miles  &  226  Eods  to  a  Spruce  marked, 
which  stands  in  the  dividing  Line  between  Falmouth  &  Scarborough ; 
from  thence  South  63  degrees  West  915  Rods  to  a  large  Hemlock 
standing  in  the  Line  between  Narraganset  N°  1  &  N°  7  called  Gorham- 
town ;  from  thence  South  63  degrees  West  as  aforesaid  430  poles  to 
a  Beach  Tree  which  stands  in  the  dividing  Line  between  Scarbor- 
ough and  Bideford;  and  from  thence  Southwest  1,210  Rods  to  a 
maple  tree  standing  near  or  on  the  Banks  of  Saco  River. 

Ordered  That  the  said  Plan  be  accepted  in  lieu  of  the  first  men- 
tioned Plan ;  and  it  is  hereby  declared,  that  it  shall  have  the  same 
force  and  effect  as  the  first  mentioned  Plan  ever  had  or  could  have 
had  to  all  intents  and  purposes  whatsoever.     [^Passed  June  22. 


264  Province  Laws  {Resolves, etc.).  — 1767-68.     [Chaps.  60,  61.] 


CHAPTEE    60. 

ORDER  REFERRING  THE   PETITIONS   OF    W"    KELLOGG   IN    REGARD   TO 
LOSSES  OF  INHABITANTS   OF  NOBLETOWN. 

LegiB^uve  A  PETITION  of  William  Kellogg  Agent  for  the  plantation  called 

Council,  Nobletown    Setting  forth  That  in  the  late  disturbances  at  said  place 

MalsV'  ^^'  ^"     the  Inhabitants  suffered  to  the  amount  of  about  Two  thousand  pounds 
Archives,  Ti.,    lawful  money,  besides  other  injuries  and  abuses  committed  by  the 

-^ people  of  New  York,  for  redress  whereof  they  have  applied  to  the 

Arckives,  vi.,     Governor  of  New  York,  but  without  effect.  And  praying  the  inter- 
twe  ifecfi-ds  of  position  of  this  Court  for  their  Relief. 

the  Council,^  The  Committee  on  the  Petition  of  William  Kellogg  Agent  for 

House  Jour"'     the  Inhabitants  of  Nobletown  reported     That  the  said  William 

u!'ii?'Ante',     liath  laid  before  this  Committee  sundry  Accounts  of  losses  sus- 

P.19S, chap.'     tained  by  the  said  Inhabitants  in  the  year  1766  as  mentioned  in 

cha'pf5i;p'.253,  Said  petition  amounting  in  the  whole  to  the  Sum  of  Two  thousand 

chap.  58.  ^^rQ  hundred  &  thirty  one  pounds,  sixteen  shillings  of  the  currency 

of  New  York;  a  List  of  which  Accounts  is  hereto  annexed,  and  all 

of  them  except  three  Sworn  to  by  the  sufferers  themselves  as  to 

part  of  their  losses  and  the  residue  of  their  losses  apprized  and 

certified  by  persons  under  Oath  supposed  to  be  indifferent. 

Yet  inasmuch  as  the  losses  aforesaid  have  been  occasioned  by  dis- 
putes relative  to  the  dividing  Line  between  this  Province  and  the 
Province  of  New  York  and  as  Commissaries  are  now  appointed  by 
both  Provinces  to  .settle  and  determine  the  same:  The  Committee 
are  humbly  of  opinion  that  this  Petition,  and  the  other  Petitions 
of  the  said  Inhabitants,  by  the  said  William  Kellogg  and  others 
their  Committee,  and  the  Petition  of  William  Beavins  and  the 
further  consideration  thereof  be  referred  to  the  next  sitting  of  this 
Court.  And  that  in  the  meantime  Copies  of  these  Petitions  be  made 
out  to  the  Commissaries  aforesaid  on  the  part  of  this  Province,  that 
they  may  make  any  use  thereof  or  motion  thereon  which  they  may 
think  proper  in  behalf  of  said  Petitioners  to  the  Commissaries  on 
the  part  of  New  York  at  the  expected  Interview  between  them. 
Signed  John  Wokthington  ^  Order 

Read  and  Accepted :  And 

Ordered  That  the  Petitions  therein  mentioned  be  referred  to  the 
next  Sitting  of  this  Court  accordingly:  and  that  the  Commissaries 
appointed  in  behalf  of  this  Government  to  settle  the  Line  with  New 
York  be  furnished  with  Copies  of  the  said  Petitions  that  they  make 
any  Use  thereof  or  Motion  thereon  which  they  may  think  proper 
(in  behalf  of  the  said  Petitioners)  to  the  Comissaries  on  the  part 
of  New  York  at  the  expected  Interview  between  them.  \^Passed 
June  22. 


CHAPTER    61. 

RESOLVE    IMPOWERING    JOS:   WILLIAMS,   ESQ^   AND    OTHERS,   TO    SELL 
LAND  AND   MAKING  PROVISION   IN  REGARD  TO   THE   PROCEEDS. 

Legisiaave  A  PETITION  of  Joseph  Williams  Esq'  of  Roxbury  in  behalf  of 

CouDcif,"         the  Feoffees  in  trust  for  the  management  of  the  Free  School  at 
xxTii.,  86.         ^Yie  Easterly  part  of  said  Town  Setting  forth    That  there  are  about 


[1st  Sess.]     Province  Laws  [Resolves,  etc.).  —  17G7-6S.  255 

ten  Acres  of  Land  belonging  to  said  Scliool  at  a  place  called  Pond  ^'"c^i^es 
Hill  in  Koxbury,  which  lyes  remote  from  any  Koad  and  cannot  be  iviii.,  sea.' 
come  at,  but  by  sufferance,  by  reason  whereof  the  Income  of  said  House  Jour. 
Land  is  and  must  be  inadequate  to  the  Sum  they  can  now  sell  it  Proviu™*'''' 
for.  And  praying  that  they  may  be  impowered  to  make  Sale  of  said  Laws.^xvi.,  648, 
ten  Acres  of  Land;  the  monies  thereby  arising  to  be  improved  at 
interest  until  there  shall  be  opportunity  to  vest  it  in  other  Lands. 

[Read  and] 

Resolved  that  Eleazer  Williams  &  Josej)h  Williams.  Esquires 
Mess"  Samuel  Gridley  Daniel  Williams  Samuel  Sumner  John  Wil- 
liams &  John  Mears  Jun''  Gent  Feoffees  in  Trust  for  the  Manag- 
ment  of  the  free  School  in  the  easterly  Part  of  said  Town  of 
Roxbury  be  and  hereby  are  authorized  &  impowered  to  make  Sale 
of  the  Lands  in  the  Petition  mentioned  for  the  Most  the  Same  will 
fetch  &  to  give  &  Execute  A  good  &  SuiHcient  Deed  or  Deeds 
Thereof  to  the  Purchaser  or  Purchasers  they  Giving  Bond  to  the 
Town  Treasurer  of  Roxbury  and  his  Successor  in  said  Officee  '  that 
the  money  arising  by  said  Sale  Be  put  on  Literest  &  the  Interest 
from  Time  to  Time  be  applied  to  &  for  the  Benefit  of  said  SchooU 
untill  tlie  s'^  Feoffees  or  Their  Successors  in  Trust  may  have  Opper- 
tunity  of  purchasing  other  real  Estate  (with  The  princij^al  arising  by 
s**  Sale)  more  to  the  Advantage  of  said  School  which  the  s'*  Feoffees 
are  Hereby  authorized  &  impowered  to  do.      \_Passed  June  33. 


CHAPTER    62 


KESOLVE  ACCEPTING  REPORT  OF  THE  COMMITTEE  ON  THE  PROVINCE 
TREASURER'S  GENERAL  ACCOUNT  FROM  MAY  28,  1766,  TO  MAY  27,  1707, 
AND   DISCHARGING   HIM   OF    £289,560.  9.  8. 

The  Committee  to  whom  was  referred  the  examination  of  the  Legislative 
Accounts  of  Harrison  Gray  Esq"'  Treasurer  &  Receiver  General  of  cmmclr, '*'""' 
his  Majesty's  Revenues  within  this  Province  of  the  Massachusetts  xxvii.,  i<8. 
Bay  in  New  England  besrinina  the  28"^  of  May  1766  endinsr  the  Legislative 

o^  AT         i~/TV    1        •  1,'-     ^    J    ji      i.    o         •  •     •  ii       Recordsofthe 

Zi  May  liGi,  having  attended  that  Service;  ujion  examining  the  council, 
same  find  them  right  cast  and  well  vouched ;  by  which  it  appears  House  Joiir. 
that  the  said  Accomptant  charges  himself  with  the  Sum  of  Eighty  nai,pp.25,74. 
five  thousand,  one  hundred  thirty  nine  pounds,  sixteen  shillings 
and  five  iDence,  being  so  much  due  for  Taxes  as  represented  by  his 
last  Account.  Also  with  the  Sum  of  One  hundred  &  four  thousand, 
nine  hundred  seventy  one  pounds,  sixteen  shillings  &  eleven  pence 
the  balance  due  by  last  Account:  With  the  Sum  of  One  hundred 
ninety  seven  thousand  pounds  borrowed  of  sundry  persons  by  virtue 
of  an  Act  passed  in  May  last:  With  the  Sum  of  Forty  two  thousand, 
seven  hundred  eighty  six  pounds  thirteen  shillings  &  five  pence  a 
Tax  laid  upon  Polls  and  Estates  by  virtue  of  an  Act  of  the  General 
Court  passed  in  May  1766.  Also  with  the  Sum  of  Twenty  two  hun- 
dred &  forty  pounds  twelve  shillings  &  eight  pence  received  of  sun- 
dry persons  on  Account  of  Lands  sold  them.  Witli  the  Sum  of  Eight 
hundred  pounds  received  of  the  hon*"'"  Thomas  Hubbard  Esq"^  Com-     . 
missary  General  being  the  jjrofits  arising  by  the  Indian  Trade.  Also 
with  the  Sum  of  Ninety  four  pounds  received  of  his  honor  Thomas 
Hutchinson  Esq''for  Goods  plundered  out  of  his  House  &  returned. 
With  the  Sum  of   One  hundred  fourteen  pounds  received  of  his 

'  Sic. 


256  Province  Laws  {Besolves,  etc.) .  — 1767-68.     [Chap.  62.] 

Honor  Thomas  Hutchinson  Esq''  on  account  of  the  Ship  King 
George.  Also  with  the  Sum  of  Five  hundred  twenty  pounds,  six 
shillings  &  eight  pence  received  of  sundry  jjersons  for  Excise  on 
Tea  Coffee  &c.  Also  with  the  Sum  of  Eleven  thousand,  seven  hun- 
dred and  nineteen  pounds,  thirteen  shillings  and  five  pence  received 
of  the  Collectors  of  Excise  on  Spirituous  Liquors.  Also  with  the  Sum 
of  Nine  hundred  eighteen  pounds,  seven  shillings  &  three  pence 
received  of  William  Story  Esq''  being  the  Provinces  proportion  of 
a  Seizure  of  Molosses  at  Salem.  Also  with  the  Sum  of  Fifteen  hun- 
dred forty  four  pounds  eight  shillings  and  eight  pence  in  part  for 
the  Province  Ship.  Also  with  the  Sum  of  Thirty  four  pounds  ten 
shillings  and  three  pence  received  of  Oliver  Partridge  Esq'  the  bal- 
ance due  from  him  as  one  of  the  Commissioners  at  the  Congress  at 
New  York.  Also  with  the  Sum  of  Three  pounds,  twelve  shillings 
received  for  Fines  &c :  With  the  Sum  of  Fourteen  hundred,  eleven 
pounds,  seventeen  shillings  &  ten  pence  received  of  the  hon"'"'  James 
Eussell  Esq'  Commissioner  of  Impost  duties:  All  which  Sums  amount 
to  Four  hundred  forty  nine  thousand,  two  hundred  ninety  nine 
pounds,  fifteen  shillings  &  six  pence. 

The  Committee  further  find  that  the  said  Accomptant  discharges 
himself  by  sundry  payments  and  disbursements  by  order  of  the  Gov- 
ernor and  Council  amounting  to  Twenty  five  thousand  four  hundred, 
nineteen  pounds,  eight  shillings  and  four  pence.  Also  by  Bills  of 
Exchange  drawn  on  Jasper  Mauduit  Esq'  which  were  returned  pro- 
tested amounting  to  Seventeen  hundred  fifty  three  pounds,  one  shil- 
'  ling  &  three  pence.  Also  by  Government  Securities  burnt  by  a 
Committee  of  the  hon'''*'  Court  amounting  to  two  hundred  sixty 
two  thousand  and  forty  five  pounds,  nine  shillings  &  four  pence. 
Also  by  one  years  interest  paid  sundry  persons  amounting  to  Two 
hundred  seventy  four  pounds,  six  shillings  and  three  pence.  Also 
by  a  remittance  of  Sixty  eight  pounds  four  shillings  &  six  pence 
on  the  Town  of  Middleborough.  Also  by  Taxes  still  outstanding 
amounting  to  Eighty  two  thousand  five  hundred  forty  two  pounds, 
eleven  shillings  and  nine  pence,  and  by  balance  in  hand  further  to 
account  for  Seventy  seven  thousand,  one  hundred  ninety  six  pounds 
fourteen  shillings  and  one  penny.  All  which  Sums  amount  to  in  the 
whole  Four  hundred  forty  nine  thousand,  two  hundred  ninety  nine 
pounds,  fifteen  shillings  and  six  pence. 

Eead  &  accepted:  And 

Resolved  that  the  Treasurer  be,  and  hereby  is  discharged  of  the 
several  payments  in  the  foregoing  Account  amounting  to  Two  hun- 
dred &  eighty  nine  thousand,  five  hundred  and  sixty  pounds,  nine 
shillings  and  eight  pence.  Also  that  he  be  further  accountable  for 
the  Sum  of  Eighty  two  thousand,  five  hundred  and  forty  two  pounds, 
eleven  shillings  and  nine  pence  outstanding  Taxes  due  from  the  sev- 
eral Towns  when  received  into  the  Treasury,  &  the  further  Sum  of 
Seventy  seven  thousand,-  one  hundred  ninety  six  pounds,  fourteen 
shillings  &  one  penny  balance  in  hand.     [Passed  June  23, 


[1st  Sess.]     Province  Iiaws  {Besolves,  etc.).  — 1767-68.  257 


CHAPTBE    63. 

ORDER  ALLOWING   £3   TO   OSGOOD   CARLETON. 

A  Petition  of  Osgood  Carleton  now  of  Nova  Scotia  Setting  Legislative 
forth     That  he  was  a  Soldier  in  the  pay  of  this  Province  in  1759  counc'if,  """^ 
&  1760  under  Cap'  Newhall;  that  his  Lieu'  in  making  up  the  Mas-  xxTii.,y2. 
ter  Roll  by  mistake  charged  him  with  a  Gun  for  which  Three  pounds  ArehiveB, 

was  stopped  out  of  his  pay,  whereas  by  his  said  Captain's  Account  '-''^^•»  ^■'^- 

it  appears  that  the  Gun  had  been  returned.  That  the  Petitioner  had  Archives 
been  for  five  years  last  past  out  of  the  Province.  And  praying  that  ixxx.,  644. 
he  may  be  allowed  the  Sum  thus  kept  back.  nai"pp.  eo'.'T'i. 

T?pflrl   ilr  Province 

^^^^  *  _  LawB,  xvi.,  247, 

Orderd  that  there  be  paid  out  of  the  publick  Treasury  the  Sum  chap.  sa. 
of  three  pounds  in  full  for  a  Stoppage  of  a  Gun  as  set  forth  in  the 
Petition.     [^Passed  June  ~3. 


CHAPTEE    64. 

VOTE   APPOINTING   A  COMMITTEE  TO   BURN   GOVERNMENT   SECURITIES. 

In  Council  Legislative 

Voted  ihaA,  John  Erving  Thomas  Hubbard,  Thomas  Flucker,  &  couDclr*'*'* 
Andrew  Belcher  Esq"  with  such  as  the  hon*'*  House  shall  join,  be  M^g"'''^' 
a  Conim'  in  the  Recess  of  the  Court,  to  repair  to  the  Treasurers,  Archives,  civ., 

take  an  Account  of  y'^  Prov''  Securities,  which  may  have  been  re-  ^~ 

deemed  by  him,  see  them  consumed  to  Ashes,  &  make  report  at  the  nai^pp.'^Ti^T.s. 
next  sitting  of  the  General  Court. 
In  tlie  House  of  Represent'"^' 

Read  &  Concurrd  &  M''  Speaker  M'  Otis  Coll  Williams  M'  Han- 
cock &  M'  Adams  are  Joynd.      \^Passed  June  23. 


CHAPTER    65. 

RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING 
IN   SUIT   THE   BOND   OF   OLIVER   PARTRIDGE   AND    OTHERS. 

A  Petition  of  Oliver  Partridge  Esq'  in  behalf  of  himself  and  Refordsofthe 
the  other  Proprietors  of  the  Township  N°  2  in  the  County  of  Berk-  couucu, 

shire  which  they  bought  of  tlie  Government  in  1762.  Praying  that  ^^''"•'  "^- 

they  may  be  allowed  a  further  time  to  pay  in  what  remains  unpaid  na'i"pn'53?73 
of  the  purchase  money  they  paying  interest  therefor  in  the  mean-  '5. '  Province 

time.  242,  ciiap.  m. 

[Read  and]  d'ap'.  &.'''' 

Resolved  That  the  Province  Treasurer  be,  and  he  liereby  is  directed 
to  suspend  putting  in  suit  the  Bond  given  to  this  Province  in  the 
year  1762  by  Oliver  Partridge  Esq'  &  his  Associates  for  the  purchase 
consideration  of  the  Township  X"  2  in  the  County  of  Berkshire 
until  the  further  Order  of  this  Court:  Provided  they  the  aforesaid 
Oliver  Partridge  Esq'  and  his  Associates  forthwith  pay  or  cause  to 


258 


Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chaps.  66,  67.] 


be  paid  to  the  Province  Treasurer  abovesaid  the  whole  of  the  Inter- 
est now  due  on  said  Bond;  and  also  pay  or  cause  to  be  paid  the 
interest  thereof  annually  as  it  shall  become  due,  otherwise  to  put 
the  same  in  suit  the  first  Court  next  after  such  failure,  the  next 
July  Court  iu  the  County  of  Suffolk  excepted.     [Passed  June  24. 


CHAPTEE    66. 

ORDER  REFERRING  THE  PETITION  OF  JN"  WORTHINGTON,  ESQ",  AND 
DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING  IN 
SUIT  THE  BOND  OF  MOSES   PARSONS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  96. 

House  Jour- 
nal, pp.47, 75. 
Province 
Laws,  xvil., 
242,  chap.  50 ; 
338,  chap.  '255. 


A  Petition  of  John  Worthington  Esq'  in  behalf  of  Samuel 
Hitchcock,  James  Sikes  and  Moses  Bliss,  all  of  Springfield  Setting 
forth  That  in  June  1762  one  Moses  Parsons  of  Middletown  in  Con- 
necticut purchased  of  the  Province  the  new  Township  N°  7  for 
£875,  and  paid  as  Earnest  the  Sum  of  £20  and  gave  his  Bond  to 
the  Province  Treasurer  with  Sureties  for  the  remainder.  That  the 
said  Samuel  and  James  with  sundry  others  purchased  of  said  Moses 
Parsons  rights  in  the  said  Township  Purely  with  intent  to  make 
Settlements  thereon,  and  paid  the  said  Moses  for  the  same.  That 
there  is  a  deficiency  of  7,633  Acres  by  means  of  former  Grants  and 
short  measure,  and  the  said  Parsons  being  reduced  in  his  circum- 
stances the  purchasers  are  in  danger  of  losing  their  money  and  im- 
provements. And  praying  a  remission  of  a  proj)ortionable  part  of 
the  purchase  consideration,  or  an  equivalent  for  the  deficiency,  & 
some  indulgence  with  regard  to  the  terms  of  settlement,  as  they 
have  been  prevented  from  prosecuting  of  it  by  reason  of  the  fore- 
mentioned  difficulties. 

Read  & 

Ordered  That  the  consideration  of  this  Petition  be  referred  to 
the  next  Winter  Session  of  this  Court,  and  that  the  Treasurer  be 
directed  to  suspend  the  putting  Moses  Parsons's  Bond  in  suit  till 
further  Order  of  this  Court.     \Passed  June  24. 


CHAPTEE    67. 

RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING 
IN  SUIT  THE   BOND   OF  JOHN  WALKER  AND   OTHERS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  y7. 

House  Jour- 
nal, pp.  62,  76, 
77.  Province 
Laws,  xvii., 
242,  chap.  50 ; 
327,  chap.  233. 


A  Petition  of  John  Murray  Esq'  setting  forth  That  in  FebJ" 
176-4  John  Walker  and  others  of  Hartford  in  Connecticut  pur- 
chased a  Tract  of  Land  of  this  Government  hang  in  the  County 
of  Berkshire  for  £800  for  which  Sum  the  Petitioner  became  bound 
with  him  to  the  Province  Treasurer,  jjart  of  which  is  already  paid 
in,  and  that  in  three  months  time  he  expects  to  make  a  further  pay- 
ment so  as  to  compleat  the  Sum  of  £500  And  praying  that  they  may 
be  indulged  with  further  time  for  payment. 

[Read  and] 

Resolved  That  the  Province  Treasurer  be,  and  hereby  is  directed 
to  suspend  putting  in  suit  the  Bond  given  to  this  Province 'in  the 
year  1762  by  John  Walker  &  others  for  the  purchase  consideration 
of  a  Tract  of  Land  lying  in  the  County  of  Berkshire  until  the  further 
Order  of  the  Court.  Provided  the  aforesaid  John  AValker  &  his  Asso- 


[1st  Sess.]     Province  Iuaws  (Resolves,  etc.).  — 1767-68.  259 

ciates  forthwith  pay  or  cause  to  be  paid  to  tlie  Province  Treasurer 
the  whole  of  the  interest  now  due  on  said  Bond :  and  also  pay  or 
cause  to  be  paid  the  interest  thereof  annually  as  it  shall  become 
due ;  otherwise  to  put  the  same  in  suit  the  first  Court  next  after  such 
failure;  the  next  July  Court  in  the  County  of  SufEolk  excepted. 
[Passed  June  24. 

CHAPTEK    68. 

RESOLVE   DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING 
IN   SUIT   THE   BOND    OF   NOAH   NASH   AND    OTHERS. 


Resolved  that  the  province  Treasurer  be  &  he  hereby  is  directed  ^^siBiative 
to  Suspend  putting  in  Suit  the  Bond  given  to  this  province  in  y'=  councu. 
Year  1762  by  Noah  Nash  &  his  Associates  for  the  purchase  Con-  Mase.''^^' 
sideration  of  the  Township  N"  4  in  the  County  of  Berkshire  (Until  Archives,  civ., 
the  further  Order  of  the  Court)  provided  the  aforesaid  Noah  Nash 


&  his  Associates  forthwith  pay  or  Cause  to  be  paid  to  the  province  nai^pp'.  "iI'tt. 


Treasurer  the  whole  of  the  Interest  now  due  on  said  Bond  And  £aws°xvi. 
also  pay  or  Cause  to  be  paid  the  Interest  thereof  Annually  as  it  242,  ciiap.  so. 
Shall  become  due  otherwise  to  put  the  Same  in  Suit  the  first  Court  chap'.  47.  ' 
next  after  Such  failure  the  Next  July  Court  in  the  County  of  Suf- 
folk excepted.     [Passed  June  24. 


CHAPTEK    69. 

RESOLVE   ALLOWING  THE   PROVISION    ACCOUNT    OF    THE    COMMISSARY 
GENERAL. 

Thomas  Hubbard  Esq*  Commissary  General  laid  before   the  Legislative 
Court   his   Account  of    Provisions  which   having  been  previously  councif  "*  ""^ 
examined  by  Committees  of  the  two  Houses  respectively,  the  fol-  xxvii.,  a». 
lowing  Order  passed  thereon  viz'  Legislative 

Resolved  that  the  foregoing  account  be  allowed,  and  that  the  councif,"  ''^ 
Commissary  General  be,  and  hereby  is  further  accountable  to  the  HouseJoiir 
Province  for  seventeen  Barrells  of  Pork  and  seven  Bushels  and  nai,  pp.  25, 77. 
half  of  Pease.     [Passed  June  24. 


CHAPTEK    70. 

RESOLVE    ALLOWING   THE   INDIAN   TRADE    ACCOUNT    OF    THE    COMMIS- 
SARY  GENERAL. 

Thomas  Hubbard  Esq"  Commissary  General  laid  before   the  Legislative 
Court  his  Account  of  Trade  with  the  Indians  which  having  been  coumfu  °**^ 
previously  examined  by   Committees  of   the   two   Houses   respec-  xxvu.,  100. 
tively,  the  following  Order  passed  thereon  viz'  Archives, cxx., 

Resolvd  that  the  foregoing  Account  be  allowd  &  that  the  Hon'"''^  ^Ih 

Thomas  Hi^bbard  Esq'  Commissary  General  be  &  hereby  is  further  ^^°™^  £?'"'■ 
accountable  to  this  Province  for  the  Ballance  being  Two  thousand  suprd,  chap, 
seven  hundred  &  five  pounds  ten  shillings  &  Eight  pence  one  far-  ®^" 
thing.      [Passed  June  24. 


260 


Pkovince  Laws  {Resolves,  etc.). — 1767-68.     [Chaps.  71-73.] 


CHAPTEE    71 


RESOLVE   ALLOWING  THE  GENERAL  ACCOUNT   OF    THE    COMMISSARY 
GENERAL. 


Legislative 
Records  of  tlie 
Council, 
xxvii.,  100. 

House  Jour- 
nal, p.  77. 
Supra^  chap. 


Thomas  Hubbard  Esq"  Commissary  General  laid  before  the 
Court  his  Account  current  for  allowance  which  having  been  pre- 
viously examined  by  Committees  of  the  two  Houses  respectively, 
the  following  Order  passed  thereon  viz' 

Resolved  That  the  foregoing  Account  be  allowed,  and  that  the 
Commissary  General  be  further  accountable  for  the  balance  being 
Thirteen  pounds,  twelve  shillings  and  nine  pence.    [Passet^  June  24. 


CHAPTEK    72, 


RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING 
IN   SUIT  THE  BOND   OF  ELISHA  JONES  AND   OTHERS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  104. 

House  Jour- 
nal, pp.  53,  80. 
Province 
Laws,  xvii., 
242,  chap.  50. 


A  Petition  of  Elisha  Jones  and  John  Murray  Esq^^  Setting 
forth  That  in  June  1762  Nathan  Jones  of  Weston  purchased  of 
the  Government  a  Township  IST"  one  called  East  Hoosuck,  in  which 
they  are  concerned,  but  by  reason  of  sundry  discouragements,  they 
find  it  impracticable  to  compleat  in  time  the  payment  of  the  Sum 
stipulated.  And  praying  relief. 

[Read  and] 

Resolved  That  the  Province  Treasurer  be,  and  he  hereby  is  directed 
to  suspend  putting  in  suit  the  Bond  given  to  the  Province  Treasurer 
in  the  year  1763  by  Elisha  Jones  Esq'  and  his  Associates  for  the 
purchase  consideration  of  the  Township  called  East  Hoosuck  in 
the  County  of  Berkshire  until  the  further  Order  of  this  Court. 
Provided  the  aforesaid  Elisha  Jones  and  his  Associates  forthwith 
pay  or  cause  to  be  paid  unto  the  Province  Treasurer  the  whole  of 
the  Interest  now  due  on  s"*  Bond ;  and  also  pay  or  cause  to  be  paid 
the  interest  thereof  annually  as  it  shall  become  due ;  otherwise  to 
put  the  same  in  suit  the  first  Court  next  after  such  failure,  the  nest 
July  Court  in  the  County  of  Suffolk  excejited;  and  that  the  further 
consideration  of  this  Petition  be  referred  to  the  next  Winter  Ses- 
sion.    \Passed  June  25. 


CHAPTER    73 


RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING 
IN   SUIT   THE   BOND   OF   AARON   WILLARD   AND   OTHERS. 


Legislative 
Records  of  the 
Ooimcil, 
xxvii.,  105. 

House  Jour- 
nal, p.  80. 
Province 
Laws,  xvii., 
242,  chap.  50. 
Ante,  p.  124, 
chap.  23. 


A  Petition  of  Aaron  Willard  of  Lancaster  Esq''  Setting  forth  That 
in  the  year  1762  he  purchased  of  this  Government  a  Township  called 
Number  three,  a  considerable  part  of  the  purchase  money  whereof 
he  hath  already  paid :  And  praying  that  he  may  be  indulged  with 
further  time  to  pay  in  the  remainder. 

[Read  and] 

Resolved  That  the  Province  Treasurer  be,  and  he  is  hereby  directed 


[1st  Sess.]     Province  Laws  (i?esoZves,  efc.).  —  1767-68.  261 

to  suspend  putting  in  suit  the  Bond  given  to  the  Province  in  the 
vear  17G3  by  Aaron  Willard  and  his  Associates  for  the  purchase  con- 
sideration of  the  Township  N°  3  in  the  County  of  Hampshire  until 
the  further  Order  of  this  Court.  Provided  the  aforesaid  Aaron  AVil- 
lard  and  his  Associates  forthwith  pay  or  cause  to  be  paid  to  the 
Province  Treasurer  the  whole  of  the  interest  now  due  on  s"^  Bond 
and  also  pay  or  cause  to  be  paid  the  Interest  thereof  annually  as  it 
shall  become  due,  otherwise  to  put  the  same  in  Suit  the  first  Court 
next  after  such  failure,  the  next  Court  in  the  County  of  Suffolk 
excepted.     [Passed  June  ~5. 


CHAPTEE    74. 

RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING 
IN   SUIT  THE  BOND  OF  JOHN  CUMMINGS  AND   OTHERS. 

A  Petition  of  Charles  Prescot  in  behalf  of  himself  and  other  Legislative 
Proprietors  of  the  Township  N°  5  which  they  bought  of  this  Gov-  ^Snclr'""" 
ernment  in  the  year  17(33    Praying  that  they  may  be  allowed  further  xxvii.,  foe. 
time  for  compleating  the  payment  of  the  purchase  money.  Houae  Jour- 

[Read  and]  Province 

Resolved  That  the  Province  Treasurer  be,  and  he  hereby  is  directed  ^2rct,ap"50. 
to  suspend  putting  in  suit  the  Bond  given  to  this  Province  in  the 
year  1762  by  John  Coining  and  his  Associates  for  the  purchase  con- 
sideration of  the  Township  N"  5  in  the  County  of  Hampshire  until 
the  further  Order  of  this  Court.  Provided  the  aforesaid  John  Com- 
ming  &  his  Associates  forthwith  pay  or  cause  to  be  paid  to  the  Prov- 
ince Treasurer  the  whole  of  the  Interest  now  due  on  said  Bond ;  and 
also  pay  or  cause  to  be  paid  the  interest  thereof  annually  as  it  shall 
become  due,  otherwise  to  put  the  same  in  suit  the  first  Court  next 
after  such  failure,  the  next  July  Court  in  the  County  of  Suffolk 
excepted.      [Passed  Ju7ie  '25. 


CHAPTEE    75. 

RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  PUTTING 
IN   SUIT  THE   BOND   OF  SAMUEL  BROWN,  JR.,  AND  OTHERS. 

A  Petition  of  Samuel  Brown  jun''  of  Stockbridge  in  behalf  of  ^''sisiative 
himself  and  his  Associates  who  in  the  year  1763  purchased  of  the  council, 

Government  a  Township  called  Yokun  Town  &  Mount  Ephraim  ^'^'^"•'  ^'^^ 

Praying  a  further  time  for  the  payment  of  the  remainder  of  the  ^.fi"^,p"'g°"go 
purchase  money  still  due.  Province  ' 

rr)„,,i    ,„,n  Laws,  xvli., 

[neaci  ancij  354,  chap.  294. 

Resolved  that  the  Province  Treasurer  be,  and  he  hereby  is  directed 
to  suspend  putting  in  suit  the  Bond  given  to  the  Province  Treas- 
urer in  the  year  1763  by  Samuel  Brown  Jun'  &  his  Associates  for  the 
purchase  consideration  of  the  Township  originally  called  Yokun 
Town  and  Mount  Ephraim  in  the  County  of  Berkshire  until  the 
further  Order  of  this  Court:  Provided  the  said  Samuel  Brown  and 
his  Associates  forthwith  pay  or  cause  to  be  paid  to  the  Province 
Treasurer  the  whole  of  the  interest  now  due  on  s''  Bond,  and  also 
pay  or  cause  to  be  paid  the  interest  thereof  annually  as  it  shall 


262 


Pkovince  Laws  (Itesolves, etc.).  — 1767-68.     [Chaps.  76,  77.] 


become  due;  otherwise  to  put  the  same  in  suit  the  first  Court  next 
after  such  failure ;  the  next  July  Court  in  the  County  of  Suffolk 
excepted.     [Passed  June  35. 


CHAPTEE    76, 


LegislatiTe 
Records  of  the 
Council, 
xxTii.,  107. 

House  Jour- 
nal, pp.  79,80. 
Province 
Laws,  xvii., 
24-,  chap.  50. 


KESOLVE  DIRECTING  THE  PROATNCE  TREASURER  TO  SUSPEND  PUTTING 
IN   SUIT   THE   BOND   OF   CORNELIUS   JONES   AND   JOHN    CHADWICK. 

A  Petition  of  John  Chadwick  of  Tyringham  Setting  forth  That 
in  the  year  1T62  one  Cornelius  Jones  purchased  of  this  Government 
about  10,000  Acres  of  Land  for  about  £400  for  the  payment  whereof 
the  Petitioner  became  bound  with  him,  a  part  of  which  is  paid;  And 
praying  a  further  time  for  the  payment  of  the  remainder. 

[Read  and] 

Resolved,  that  the  Province  Treasurer  be  and  he  hereby  is  directed 
to  suspend  putting  in  suit  the  Bond  given  to  this  Province  in  the 
year  1T62  by  Cornelius  Jones  &  John  Chadwick  for  the  purchase 
consideration  of  Ten  thousand  Acres  in  the  County  of  Hampshire 
until  the  further  order  of  this  Court.  Provided  the  aforesaid  Corne- 
lius Jones  and  John  Chadwick  forthwith  pay  or  cause  to  be  paid 
to  the  Province  Treasurer  the  whole  of  the  interest  now  due  on  s*" 
Bond  and  also  pay  or  cause  to  be  paid  the  interest  thereof  annually 
as  it  shall  become  due,  otherwise  to  put  the  same  in  suit  the  first 
Court  next  after  such  failure ;  the  next  July  Court  in  the  County 
of  Suffolk  excepted.     [Passed  June  25. 


CHAPTEE    77 


xxvli.,  109. 

House  Jour- 
nal, pp.  81, 82. 
Ante,  p.  128, 
chap.  SI;  p.  140, 
chap.  63;  p.  146, 
chap.  68. 


RESOLVE    ESTABLISHING    THE    GARRISON    AT    CASTLE    W=«    AND    THE 
WAGES   THEREOF. 

In  the  House  of  Representatives. 
Resolved  That  there  be  an  Establishment  for  the  pay  of  fifty  Men 
Officers  included  for  the  defence  of  Castle  William,  their  Wages  to 
continue  one  year  from  the  20""  day  of  June  instant,  at  the  follow- 
ing Rates  viz' 


For  one  Captain 

V  Annum 

£56.    3. 

For  one  Lieutenant 

^  Annum 

28.  11. 

For  one  Chaplain 

Ditto 

33.     6. 

For  one  Gunner 

Ditto 

45.     6. 

For  one  second  Gunner 

Ditto 

33.     6. 

For  one  Armourer 

¥>  Month 

2.     4. 

For  two  Sergeants  each 

^'  Month 

1.  12. 

For  six  quarter  Gunners 

each  ^      d« 

1.  12. 

For  four  Corporals  each 

^      d» 

I.     9. 

For  one  Drummer 

t>    ditto 

1.     9. 

For  thirty  one  privates 

^      do    eaci 

1.     4. 

And  for  the  pay  of  seventeen  Men  for  Fort  Pownall  Officers  in- 
cluded, for  one  year  from  the  20"'  of  June  Instant  at  the  following 
Rates  viz' 


For  one  Lieutenant  V  Month 

For  an  Interpreter  V'    ditto 

For  one  Gunner  W    ditto 

For  one  Sergeant  V    ditto 

For  one  Armourer  ^    ditto 

For  twelve  privates  each  ■^    ditto 


£3. 
£3. 

£2.  5. 
£1.  10. 
£1.  10. 
£1.    4. 


[1st  Sess.]     Province  Laws  (Benolves,  etc.).  — 17(57-68.  263 

In  Council,  Read  and  Concurred, 
And  undersigned  by  tlie  Governor  as  follows  viz' 
I  have  before  consented  to  an  Establishment  for  Castle  William 
in  manner  as  above :  I  do  not  consent  to  the  above  written  Estab- 
lishment for  Fort  Pownall  as  I  do  not  think  it  sufficient  for  the 
security  of  the  Fort,  and  will  not  make  myself  Answerable  for  the 
consequences  if  it  should  prove  so. 

Fka.  Bernard. 
[Passed  June  35, 


264 


Province  Laws  {Resoli:e>i,  etc.).  —  1767-68.     [Chap.  78.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passedat  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirtieth  Day  of  December,  A. D.  1767. 


CHAPTEE    78 


Legislative 
Records  of  the 
Council, 
xxvii,,  118. 
Mass. 

Archives,  civ., 
493. 

Mass. 

Archives,  civ., 
492.    House 
Journal,  pp.  72, 
73, 94.    Ante, 
p.  257  chap.  64. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  APPOINTED  TO  BURN  GOV- 
ERNMENT SECUR"*  AND  DISCHARGING  THE  PROVINCE  TREASURER  OF 
THE   SUM   OF   £213,055.  18.  5. 

The  Commute  aiDpointed  to  repair  to  the  Treasurers,  and  take 
an  Account  of  the  Government  Securities  &  see  them  burnt,  & 
consumed  to  Ashes;  have  attended  that  Service,  &  have  recieved 
of  M'  Treasurer  Gray,  Government  Securities,  payable  in  June 
1766,  Eleven  Thousand,  two  hundred  forty  seven  Pounds,  the  In- 
terest paid  thereon  being  Nine  hundred  &  seven  Pounds,  ten  shil- 
lings, &  ten  pence,  amounts  to  Twelve  thousand  one  hundred  fifty 
four  Pounds,  ten  shillings  &  ten  pence.  Also  Government  Securities 
payable  in  June  1767,  One  hundred  Eighty  nine  Thousand  &  thirty 
nine  Pounds,  the  Interest  thereon  being  Eight  Thousand,  seven 
hundred  forty  six  Pounds,  Eight  shillings  and  eleven  pence,  amounts 
to  One  hundred  Ninety  seven  Thousand  seven  hundred  Eighty  five 
pounds,  eight  shilings  k  eleven  pence.  Also  Government  Securities 
payable  in  June  176i,  of  the  old  form,  Eleven  hundred  &  eight 
Pounds,  tlie  Interest  paid  thereon  being  One  hundred  thirty  seven 
Pounds,  seven  shillings  &  seven  pence,  amounts  to  Twelve  hundred 
forty  five  Pounds,  seven  shillings  &  seven  pence.  Also  Government 
Securities  of  the  new  form  payable  in  June  1764,  Nine  hundred 
thirty  eight  Pounds,  the  Interest  paid  thereon  being  Ninety  five 
Pounds,  eighteen  shillings  amounts  to  Ten  hundred  Thirty  three 
Pounds,  eighteen  shillings.  Also  Government  Securities  of  the  new 
form,  payable  in  June  1763,  One  hundred  Eighty  seven  Pounds, 
the  Interest  paid  thereon  being.  Nine  Pounds  thirteen  shillings  & 
two  pence,  amounts  to  One  hundred  ninety  six  pounds,  thirteen 
shillings  &  two  pence.  Also  Government  Securities  of  the  new  form 
payable  in  June  1765,  Six  hundred  &  four  Pounds,  the  Interest  paid 
thereon,  thirty  five  Pounds  nineteen  shillings  &  eleven  pence,  amounts 
to  Six  hundred  thirty  nine  Pounds,  Nineteen  shillings  and  eleven 
pence. 

All  which  Securities  amount  to  Two  hundred  &  thirteen  Thou- 
sand, and  fifty  five  Pounds,  eighteen  sliillings  and  five  pence,  which 
we  have  seen  burnt  &  consumed  to  Ashes. 

Signed,  Jn"  Erving  p  Order. 

Read  &  Accepted  & 

Orderd  that  the  Treasurer  be  dischargd  of  the  Sum  of  Two  hun- 
dred &  Thirteen  Thousand  &  fifty  five  Pounds  Eighteen  Shillings 
and  five  Pence  accordingly.     \^Passed  January  5. 


[2d  Sess.J     Pkovinoe  Laws  {Resolves,  etc.).  — 1767-68.  265 


CHAPTEE    79. 

RESOLVE   IMPOWERING    BENJ-^  BLACKSTON,  EXECUTOR,  TO    SELL    REAL 
ESTATE. 

A  Petition  of  Benj''  Blackston  of  Falmouth  in  y''  County  of  ^^^^{f'^^j, 
Cumberland,  Executor  of  the  last  Will  &  Testament  of  Benj^  Black-  councif," 
ston  late  of  said  Falmouth  deceased     Setting  forth,  that  the  per-  -^''''"•.  i-i- 


sonal  Estate  of  the  s'^  dec"  amounts  to  £118.0.5  less  than  his  Debts,  |,a"i"pp:'94"56. 
that  he  was  necessarily  prevented  from  applying  to  the  Superior  Province ' 
Court,  at  their  last  term  in  said  County,  for  leave  to  sell  a  jjart  of  ci?a^!io.''     ' 
the  Eeal  Estate  for  the  discharge  of  the  said  Debts.   And  praying 
that  he  may  obtain  liberty  from  this  Court,  to  make  sale  of  so  much 
of  the  said  Estate,  as  shall  be  sufficient  for  that  purpose. 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted,  and  the  Peti- 
tioner in  his  said  Capacity  be  allowed  &  impowered,  to  make  sale 
of  so  much  of  the  deceased's  Real  Estate,  as  shall  amount  to  the 
Sum  of  One  hundred  &  Eighteen  Pounds,  &  five  pence,  for  y"  pur- 
pose mentioned  in  the  Petition,  and  such  further  Sum  as  shall  be 
be  '  sufficient  to  pay  the  Charges  of  sale,  and  making  up  his  further 
Account,  with  the  Judge  of  Probate,  where  it  sliall  be  least  preju- 
dicial to  the  remainder  of  tlie  Estate,  and  to  execute  a  good  deed 
or  deeds  of  the  same  to  the  Purchaser:  He  observing  the  directions 
of  the  Law  relative  to  Executors  &  Adm"  in  selling  Real  Estates. 
[Passed  January  5. 


CHAPTEE    80. 

RESOLVE  ALLOWING  £60  AND  A  FURTHER  SUM  OF  £16. 16  TO  ROB'^  BALLS. 

A  Petition  of  Robert  Balls,  keeper  of  the  Light  house  Setting  Legislative 
forth     that  on  the  19"^  of  November  last  he  compleated  the  thirty  g^;i°^c'?f  ""''* 
fourth  year  of  his  service  in  that  Station,  for  the  last  of  which  he  xxvii.,  hi. 
hath  as  yet  recieved  no  recompence.  And  praying  an  Allowance  Archives, 
therefor,  &  also  a  reimbursment  of  the  Sum  of  Sixteen  Pounds  six-  '^v-.  W3. 
teen  shillings  he  has  advanced  for  31%  Cord  of  Fire  wood,  for  the  ^ass. 
Benefit  of  the  lights  ixvi.,  402.' 

[Read  and]  ^^^T^X^. 

Resolved  that  the  Sum  of  Sixty  pounds  be  Allowed  and  paid  out 
of  the  publick  Treasury  to  the  Petitioner  for  his  Service  for  one 
Year  ending  the  19"'  of  Novem''  last.  Also  the  Sum  of  Sixteen 
pounds  sixteen  shillings  for  Thirty  one  &  an  half  Cords  of  Wood 
which  he  Expended.      [Passed  January  6. 


266 


Province  Laws  (-ResoZt.'es,e<c.). — 1767-68.     [Chaps.  81,82.] 


Legislative 
Records  of  the 
Council, 
xxvii.,  1*24. 

House  Jour- 
nal, pp.  94, 98, 


CHAPTEK    81. 

RESOLVE   ALLOWING   £5.  2  TO   ISR^-  CHAPIN. 

A  Petition  of  Israel  Chapin  of  Hatfield  Setting  forth  that  by 
virtue  of  a  deputation  from  Oliver  Partridge  Esq'  Sheriff  of  the 
County  of  Hampshire,  he  went  in  pursuit  of  one  Solomon  Harris 
for  forceably  entering  the  House  of  Elizabeth  Warner  of  said  Hat- 
field, &  stealing  sundry  things  of  Value  therefrom:  that  he  per- 
formed this  service  in  Consequence  of  a  Warrant  from  Israel  Williams 
Esq'  taking  with  him  sundry  Assistants,  who  spent  several  days  in 
the  business,  &  finally  took  him  in  a  remote  corner  of  the  County, 
&  conveyed  him  to  the  Goal ;  that  the  said  Solomon  afterwards  made 
his  escape  with  divers  other  Prisoners;  and  as  he  was  never  brought 
to  trial  he  and  his  Assistants  must  fail  of  their  Eecompence,  unless 
aided  by  this  Court,  which  will  be  particularly  grevious  to  the  Peti- 
tioner, as  by  means  of  said  Service,  he  contracted  an  illness  which 
disabled  him  from  pursuing  his  business  for  three  mouths  after- 
wards: And  praying  Relief. 

Read  And  whereas  it  appears  by  the  record  of  the  Court  of  Assize 
&  General  Goal  Delivery,  held  in  the  County  of  Hampshire  in  Sep- 
tem'  last,  that  David  Bonner,  &  David  Jones,  were  assisting  in  break- 
ing the  Goal  in  said  County,  by  which  means  the  Prisoner  mentioned 
in  the  Petition  made  his  escape,  and  the  said  Bonner  &  Jones  were 
convicted,  &  fined  five  Pounds  each. 

Resolved  that  the  Account  exhibited,  by  the  Petitioner,  be  allowed, 
and  that  the  Sum  of  five  Pounds  two  shillings,  be  paid  to  him  out 
of  said  Fines,  by  the  Sheriff  of  the  County  of  Hampshire. 
January  6. 


CHAPTEK    82, 


RESOLVE   CONFIRMmG  TOWNSHIP  N"  4  TO  NOAH  NASH. 


Legislative 
Records  of  the 
Council, 
xxvii.,  1-26. 

House  Jour- 
nal, pp.  61,77, 
91,  98.  Ante, 
p.  259,  Chap.  68. 


A  Petition  of  Noah  Nash  of  Hatfield,  Setting  forth  that  in  the 
Year  1763.  He  purchased  of  y^  Government  a  Township,  called 
N°  4,  and  hath  paid  upwards  of  £400  towards  the  said  purchase ; 
that  divers  Improvements  are  already  made  upon  it,  he  having 
already  sold  the  greatest  part  of  said  Township  and  that  a  consid- 
erable number  of  Persons,  have  begun  Settlements  on  the  Lands. 
And  praying  that  he  may  have  a  Grant  of  said  Townshijj,  that  so 
he  may  be  thereby  enabled,  to  give  Warrantee  Deeds  to  the  Pur- 
chasers. 

[Read  and] 

Resolved  that  the  Township  N°  4.  which  was  sold  by  this  Gov- 
ernment, in  the  year  1762,  to  Noah  Nash  of  Hatfield,  lying  in  the 
County  of  Berkshire,  bounded  as  follows  Viz'  beginning  at  the 
Northeast  Corner  of  New  Framingham,  now  called  Lanesborough, 
thence  South,  33  west,  1,985  Perch,  on  the  line  of  said  Township 
until  it  meet  witli  the  line  of  the  Ashuelot  Equivalent  so  called, 
thence  in  the  line  of  said  Equivalent,  to  the  Northeast  Corner 
thereof,  thence  East  30°  South  fifteen  hundred  &  fifty  Rods,  thence 
North  30°  East  1,595  rods  thence  West,  30  North  3,112  Rods,  to 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1767-68.  267 

the  first  Station  be  granted  and  confirmed  to  the  said  Noah  Nash, 
his  Heirs  &  Assigns  He  performing  the  Settlement  thereon  originally 
enjoined  by  the  General  Court.      \^Passed  January  8. 


CHAPTEE    83. 

RESOLVE  IMPOWERING  JOS"  KIDDER,  AND  MARY  HIS  WIFE,  ADM^  AND 
GUARDIAN,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  RE- 
GARD  TO   THE   PROCEEDS. 

A  Petition  of  Joseph  Kidder  of  Dunstable,  in  y''  Province  of  Legislative 
New  Hampshire,  and  Mary  Kidder,  alias  Mary  Badger  his  Wife,  cmmcif,  "* '  ^ 
Relict  of  Nath'   Badger  late  of  Haverhill  dec"  Adni^  of  the  said  ^^'•"-  i'^'^- 
deceased's  Estate,  and  Guardian  to  their  only  daughter  &  Child,  ^^T^" '9T99 
Mary  Badger,  a  Minor    Setting  forth    That  the  Demands  upon  the  100,' ine.  Prov- 
said  deceased's  Estate  amount  to,  74. 9. 4^/^  which  cannot  be  dis-  i6i,%hap.°io!'' 
charged  without  making  sale  of  a  part  of  the  Real  Estate;  that  the 
said  Estate  consists  of  Houses  and  Lands  lying  in  Haverhill,  which 
cannot  be  severed  without  great  damage.   And  praying  that  they 
may  be  impowered  to  make  sale  of  the  said  dwelling  house,  and  a 
small  lot  of  Land,  not  more  than  half  an  Acre,  with  the  other  Build- 
ings thereon. 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted ;  and  that  the 
Petitioner  be  impowered  to  make  sale  of  the  lands  &  Buildings 
mentioned  in  the  Petition,  for  the  payment  of  the  deceaseds  debts, 
&  in  their  said  Capacities  execute  a  good  deed,  or  deeds  thereof  to 
the  Purchaser,  the  Surplusage  of  Money  arising  by  said  sale,  if  any, 
besides  paying  the  said  Debts,  the  Charges  of  sale,  and  making  up 
a  further  Acco'  with  the  Judge  of  Probate  of  Wills  &°  for  the 
County  of  Essex,  to  be  put  to  Interest  on  good  Security:  And  that 
y'  Petitioners  give  Caution  to  the  said  Judge,  that  the  said  Sur- 
plusage, shall  be  secured  with  the  Interest  to  the  said  Minors;  the 
Petitioners  observing  the  directions  of  the  law  relative  to  Execu- 
tors &  Administra"  in  selling  Real  Estates.     [Passed  January  9.' 


CHAPTER    84. 

RESOLVE  ALLOWING   £2.  12  TO  ABIG^  FENNO,  EXEC^. 

A  Petition  of  Abigail  Fenno  of  Milton  Widow,  Executrix  of  the  LeRisiative 
last  Will  &  Testament  of  Elizabeth  Wadsworth  of  s""  Milton  Widow  c^n^if  *'*  ""^ 
deceased     Setting  forth  that  her  said  Testatrix,  in  the  Year  1747,  xxvu.,  129. 
took  into  her  family  one  Betty  Hunter,  an  Indian  woman  of  the  House  Jour. 
Punkapog  tribe,  and  a  Proprietor  of  of  land  there,  being  then  in  pro^iSce^' ^''*' 
a  languishing  consumptive  state  in  order  to  nurse  &  take  care  of  Laws,  xvi., 241, 
her,  which  she  accordingly  did  to  the  time  of  her  death,  providing  'Anu,p.'m, 
a  Nurse,  &  every  thing  necessary  for  her.   That  her  Testatrix  had  •^'^''p-**- 
in  her  life  time,  applied  to  the  Guardian  of  the  said  Indians  for 

'  This  date  is  according  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  8. 
'  Sic. 


268 


Province  Laws  {Resolves, etc.).  — 1767-68.     [Chaps.  85,  86.] 


payment  of  her  Account,  bnt  could  obtain  nothing  but  fair  words; 
And  the  Petitioner  hath  applied  since,  but  without  Effect.  And 
praying  that  this  Court  would  give  Order  to  the  present  Guardian 
of  the  said  Indians,  to  discharge  the  s*"  Account  for  the  benefit  of 
the  Heirs  of  the  said  Testatrix. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  so  far  granted,  as  that 
the  Sum  of  Two  Pounds  12/  be  allowed ;  And  that  the  Guardian  of 
the  Punkapog  Indians  be  directed  to  pay  the  same  to  her  in  full 
discharge  of  her  Account.  Provided  there  be  a  sufficiency  in  his 
Hands  belonging  to  the  said  Indians.      [Passed  January  9. 


CHAPTEE    85. 

RESOLVE  CONFIRMING  THE   ROADS   AND   HIGHWAYS   OF   THE   TOWN   OF 
XJXBRIDGE. 


Legislative 
Becords  of  the 
Council, 
xxvii.,  131. 

House  Jour- 
nal, pp.  95, 103, 


A  Petition  of  Thomas  Rist  &  others,  Selectmen  of  Uxbridge  Pray- 
ing that  the  Roads,  which  have  been  laid  out  in  said  Town,  may  be 
confirmed  &  established,  although  the  Business  was  not  so  fully 
expressed,  in  the  Warrants  for  calling  the  town  Meetings,  when 
said  Roads  were  accepted,  as  in  strictness  of  law,  it  ought  to  have 
been. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted,  as  that 
all  the  town  ways,  within  the  [Town]  '  of  Uxbridge,  that  have  been 
heretofore  laid  out,  in  said  town  by  the  selectmen  thereof,  and  that 
have  been  accepted  by  the  town,  be  to  all  Intents  &  purposes  what- 
soever as  fully  established  and  confirmed.  Town  ways,  in  said  town, 
as  they  would  have  been,  had  there  been  no  such  defects,  in  said 
Warrants,  as  are  mentioned  in  said  Petition.     [Passed  January  12. 


CHAPTEE    86. 

RESOLVE  UMPOWERING  NATH^'  WARNER,  ADM^,  TO  SELL  REAL  ESTATE. 


Legislative 
Becords  of  the 
Council, 
xxTii.,  132. 

House  Jour. 
nal,pp.96, 100. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Nathan  Warner,  Administrator  of  y^  Estate  of 
Aaron  Warner,  late  of  Harvard  deceased  Setting  forth  That  he 
hath  expended  for  the  support  of  y""  deceased's  Widow,  since  the 
year  175G,  who  by  reason  of  her  age  is  incapable  of  supporting  her- 
self, and  for  the  supjjort  of  his  Sister,  being  a  Cripple,  the  Sum  of 
£86.8.61/4,  more  than  he  hath  recieved  of  the  personal  Estate  of  y^ 
deceased,  or  of  the  Rents  of  his  Real  Estate,  and  Proceeds  of  such 
part  thereof  as  is  already  sold.  And  praying  that  he  may  be  impow- 
ered,  to  make  sale  of  so  much  of  the  residue  of  the  Real  Estate, 
lying  in  Harvard,  as  may  be  sufficient  to  reimburse  him  the  Sum 
so  advanced  as  aforesaid 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted ;  and  that  the 
Petitioner  be  impowered  to  make  sale  of  so  much  of  the  deceas**^ 
Real  Estate,  where  it  will  best  suit,  &  be  least  prejudicial  to  the 
Remainder,  as  will  amount  to  the  Sum  of  Eighty-six  pounds  8/6% 

'  Inserted  from  the  House  Journal,  p.  103. 


[2d  Sess.]     Province  Laws  (-Resolves,  e<c.).  — 1767-68.  269 

for  the  purposes  mentioned  in  y^  Petition  and  also  such  f uther  sum, 
as  shall  be  sufficient  to  defray  the  Charge  of  sale,  &  making  up  his 
further  Account  w""  the  Judge  of  Probate  for  the  County  of  Worces- 
ter; He  observing  the  directions  of  the  law  to  Executors  &  Administ" 
in  selling  Eeal  Estates,  and  that  he  be  enabled  in  his  said  Capacity 
to  execute  a  good  deed  or  deeds  of  the  lands  sold  to  the  Purchaser. 
[Passed  January  12. 


CHAPTEK    87 


RESOLVE    IMPOWERING    MOSES    PARSONS,   GUARDIAN,   TO    SELL    REAL 
ESTATE  AND   MAKING  PROVISION   IN   REGARD   TO   THE  PROCEEDS. 

A  Petition  of  Moses  Parsons,  Guardian  of  Obadiah  Parsons,  a  Legislative 
Minor,  Son  of  Deacon  William  Parsons  late  of  Glocester  deceased    Set-  coSS,"*  ^""^ 

ting  forth,  that  on  the  12"'  of  of '  Nov'  1766,  he  obtained  an  Order  -''_^^»-_. i^s^ 

of  this  Court  for  y^  sale  of  y'^  Real  Estate  of  the  said  Minor  for  his  House  Jour^^ 
support  &  education,  agreable  to  the  last  Will  &  Testament  of  the  Ante,-^.v>9, 
Testator,  in  Consequence  whereof,  he  hath  sold,  to  the  amount  of  •^'^ap-"*- 
£16.4.5.  That  there  is  one  quarter  part  of  a  House,  Cellar,  Garden 
&  Barn,  belonging  to  the  said  Minor  which  will  sell  for  One  hun- 
dred Pounds  intire,  but  that  the  same  cannot  be  severed.  And  pray- 
ing that  he  may  be  impowered  to  make  sale  of  the  Premisses,  that 
he  may  be  thereby  enabled  to  pursue  the  Intention  of  the  Testator, 
in  giving  to  his  said  Son,  an  Education 

[Read  and] 

Resolved,  that  the  Prayer  of  this  Petition  be  granted ;  and  that 
the  Petitioner  be  impowered  to  make  sale  of  the  Quarter  part  of 
the  Dwelling  House,  Cellar,  Garden,  &  Barn  mentioned  in  y"  Peti" 
for  the  purposes  aforesaid,  and  in  his  said  Capacity  execute  a  good 
deed  or  deeds  thereof  to  the  purchaser,  &  give  Caution  to  the  Judge 
of  Probate  of  Wills  &"=  in  y'=  County  of  Essex,  that  he  will  improve 
the  Money  arising  by  said  sale,  for  the  compleating  the  Education 
of  the  said  Minor,  and  pay  him  the  Remainder,  if  any  there  be  with 
Interest,  when  he  shall  arrive  to  the  age  of  twenty  one  years.  [Passed 
January  IS. 


CHAPTER    88. 

ORDER  ACCEPTING   REPORT  OF    COMMITTEE    IN    FAVOR    OF    GRANTING 
AN   APPEAL  FROM  A  CRIMINAL  SENTENCE. 

A  Petition  of  Ebenezer  Mirick  of  Berkley  in  behalf  and  at  the  Legislative 
desire  of  his  Children  Samuel  Mirick  a  minor  of  20  years  of  age,  J^^™^if  "* " 
and  of  Zilpha  Reed  the  Wife  of  Charles  Reed  now  absent  at  Sea  xx 


Setting  forth     That  the  said  Samuel  &  Zilpha  were  upon  the  Com-  Legiskitive 
plaint  of  David  Briggs  by  Warrant  carried  before  Ebenezer  Hatha-  coSncii^  ° 
way  Esq'  put  upon  Trial  and  by  the  said  Justice  without  proof,  or  House.iour- 
even  colour  of  suspicion  declared  guilty  of  Stealing  a  Sheep,  and  jai  pp.37, ss, 
thereujoon  sentenced  to  pay  a  Fine  of  fifteen  shillings,  and  to  pay     ' 
the  Complainant  thirty  nine  shillings  damage  and  One  pound  four- 
teen shillings  cost.  That  they  claimed  an  Appeal,  but  thro'  ignorance 
and  want  of  Council  they  did  not  tender  Sureties  according  to  Law, 


270  Pkovinoe  Laws  {Resolves, etc.).  — 1767-68.     [Chap.  89.] 

which  was  therefore  refused.  And  praying  that  they  may  be  enabled 
to  bring  an  Appeal  of  said  Cause  to  the  Court  of  General  Sessions 
of  the  peace  for  the  County  of  Bristol,  their  Omission  aforemen- 
tioned notwithstanding. 

The  Committee  appointed  y^  12""  Instant,  on  y^  Petition  of  Eben' 
Mirick,  in  behalf  of  Sam'  Mirick  and  Zilpah  Keed,  reported  that 
the  Prayer  of  said  Petition  be  so  far  granted,  as  that  the  said  Samuel 
Mirick  &  Zilpah  Eeed,  be  allowed  to  claim  an  Appeal,  from  the  Sen- 
tence given  against  them  by  Ebenezer  Hathawaiy  Esq'  as  menf^  in 
said  Petition,  to  the  next  Court  of  General  Sessions  of  the  peace, 
to  be  held  at  Taunton,  in  &  for  y*  County  of  Bristol,  on  the  third 
Tuesday  of  Feb''  next,  they  recognizing  before  said  Justice  as  the 
law  directs  to  prosecute  said  Appeal,  and  that  they  give  notice  of 
such  appeal,  to  the  said  David  Briggs,  at  least  14  days,  before  the 
setting  of  said  Court:  And  that  the  said  Justice  be  impowered  and 
directed  to  grant  said  Appeal,  and  take  the  Eecognizance  aforesaid, 
the  time  by  law  for  making  said  Appeal,  being  elapsed  notwithstand- 
ing. And  the  Justices  of  said  Court  be  impowerd  to  recieve  ^^  Ap- 
peal, and  to  hear  &  determine  the  Merits  of  said  Complaint,  only, 
exhibited  against  said  Samuel  and  Zilpah,  and  give  Judgment  thereon, 
and  j)ut  the  same  in  Execution,  in  as  full  a  manner,  as  they  might 
have  done,  had  the  said  Appeal  been  made  at  the  time  of  passing 
y'^  "^  Sentence. 

Eead  & 

Ordered  that  the  foregoing  report  pass  into  an  Order  of  this  Court ; 
and  the  same  is  made  an  Order  of  this  Court  accordingly.  ^Passed 
January  14. 


CHAPTER    89. 

ORDER  OF  NOTICE   ON   THE   PET"   OF    SAM^-   WELLES    AND    OTHERS    OF 
THE  DISTRICT  OF  NATICK  IN   REGARD  TO   COLLECTING   ASSESSMENTS. 

Legislative  A  PETITION  of  Samuel  Welles  Escf  and  others.  Inhabitants  of 

CouncU,  °  ^  Natick  Setting  forth  That  on  the  31  of  March  1763,  the  Society 
Mass.''^''^'  there  made  Choice  of  Oliver  Bacon  &  others,  as  a  Committee  to 
Archives,  xiv.,  finish  the  Meeting  house,  which  has  been  compleated  near  two  years, 

— '■ and  their  Accounts  presented,  but  as  they  exceeded  the  Estimate, 

AroMves,  xiv.,  they  were  refused  payment,  whereupon  the  said  Committee  Com- 
j^*uri?f"^^  meuced  an  Action  against  the  District  of  Natick,  c&  a  District  Meet- 
pp.  110,  in.  ing  was  notified  on  the  Occasion,  when  M'  John  Cooledge  was  chosen 
Moderator;  but  as  two  such  Meetings  had  been  called  before  for  the 
same  purpose  and  had  not  been  opened,  some  of  the  Inhabitants  did 
not  attend  this  latter  Meeting,  besides  which  the  Moderator  refused 
the  Votes  of  four  of  the  principal  qualified  Voters,  and  by  this  means, 
a  Vote  was  obtained  for  a  Committee  to  defend  against  said  Action, 
and  a  Grant  was  made  of  £40  to  defrey  the  Expence,  altho'  the  whole 
Demands  of  the  first  named  Committee,  amounted  to  no  more  than 
£60.11.11  the  Action  was  tried,  and  the  said  Oliver  Bacon  and  others, 
recovered  Judgment  for  the  Money  sued  for,  from  which  the  Com- 
mittee for  defence  appealed,  and  at  the  Superior  Court,  the  Com- 
mittee for  repairs  recovered  Judgment  also,  for  the  Amount  of  their 
Expences  &  Costs.  Therefore  praying  that  the  Doings  of  the  last 
town  Meeting  respecting  the  Meeting  house,  and  the  Grant  then 
made  of  £40  as  afores''  may  be  declared  null  &  void 


[2d  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1767-68.  271 

Read  and 

Ordered  that  the  Petitioners  Notify  the  Inhabitants  of  the  Dis- 
trict of  Natick  of  this  Petition  and  order  by  leaving  an  attested 
Copy  thereof  with  the  Clerk  of  S""  District  that  they  shew  Canse 
(if  any  they  have)  on  the  first  day  of  February  next  (if  this  Court 
be  then  sitting)  why  the  Prayer  of  this  Petition  should  not  be 
Granted  and  that  the  Levying  and  Collecting  the  assessment  therein 
mentioned  be  suspended  until  the  further  order  of  this  Court  thereon. 
[Passed  January  14. 


CHAPTER    90. 

RESOLVE   REMOVING  TAXES  LAID  ON  THE  TOWN  OF  ASHBURNHAM. 

A  Petition  of  Tristram  Cheney,  in  behalf  of  the  Inhabitants  of  Legislative 
the  town  of  Ashburnham     Setting  forth  that  a  Province  tax  hath  councu^,°     * 
been  laid  upon  them  for  a  number  of  years  past,  no  part  whereof  Mae"''^*^' 
has  been  paid,  that  the  Land  is  Stubborn,  and  the  Petitioners  have  Archives, 
been  there  but  a  short  time,  &  are  unable  to  raise  Provisions  suffi-  ''^^'""' — '- — 
cient  for  the  support  of  their  families,  &  many  of  their  Settlers  have  ^(^"ppi'g""!!!. 
left  y*"  town  to  avoid  the  said  tax.  That  by  reason  of  the  death  of  £™^'°'^  ,1, 
their  Pastor,  &  the  damage  done  to  their  Meeting  house  by  a  Ilur-  ciiap.'s;  825, ' 
ricane,  they  are  exposed  to  a  very  great  Expence.  And  praying  chap's*'^'"' 
Relief 

Read  & 

Resolvd  that  the  prayer  be  granted  &  that  the  several  Sum  & 
Sums  orderd  to  be  assessd  on  the  new  Plantation  lately  called  Dor- 
chester Canada  now  Ashburnham  be  removd  &  carried  back  to  the 
several  Towns  in  the  County  of  Worcester  from  whence  it  came 
viz  Worcester  Lancaster  Mendon  Brookfield  Oxford  Sutton  Rut- 
land Leicester  Westbr6  Shrewsbury  Lunengburgh  Uxbridge  Har- 
vard Dudley  Bolton  Sturbridge  Leominster  Hardwick  Western 
Douglas  &  Petersham  in  due  proportion  as  it  was  taken  off  & 
accordingly  added  to  those  several  Towns  in  their  next  years  Tax. 
[Passed  January  14. 


CHAPTER    91. 

RESOLVE    IMPOWERING    PATIENCE    ROWLAND,  ADM'',   TO    SELL    REAL 
ESTATE   AND   MAKING  PROVISION  IN  REGARD  TO  THE   PROCEEDS. 

A  Petition  of  Patience  Howland  of  Plymouth,  Widow  &  Admin^  Legislative 
of  the  Estate  of  John  Howland,  late  of  said  Plymouth  deceased,  &  ^{iS,"'""' 
mother,  &  natural  Guardian  of  Patience  Howland,  a  Minor,  &  only  xxvii.,  iss. 
surviving  Child  of  the  said  John  Howland     Setting  forth     That  a  House  Jour, 
greater  part  of  the  Estate  of  the  said  John  consisted  of  about  a  iMi'm.^''^""' 
third  part  of  a  dwelling  house,  &  small  Garden  Spot  adjoining, 
lying  in  "'  Plymouth  which  being  greatly  out  of  repair  at  the  de- 
cease of  the  s"*  John  hath  yeilded  little  more  Rent  than  the  Repairs 
amounted  to,  whereby  she  is  put  to  great  difficulty,  to  support  her- 
self &  educate  her  Daughter.  And  praying  that  she  may  be  impow- 
ered  to  make  sale  of  the  Premisses,  for  y"^  Purposes  before  mentioned. 

[Read  and] 


272 


Province  Laws  {Iiesolves,etc.).  —  1767- 


[Chaps.  1)2,  93.] 


Resolved  that  the  Prayer  of  this  Petition  be  granted,  &  the  Peti- 
tioner be  impowered,  to  sell  the  part  of  the  Dwelling  house,  & 
Garden  Spot  mentioned  in  the  Petition  to  the  best  advantage,  and 
in  her  said  Capacity,  to  execute  a  good  Deed  or  Deeds  thereof,  to 
the  Purchaser.  And  two  thirds  of  the  Money  arising  by  said  sale, 
after  she  has  made  up  her  Account  of  Administra"  with  the  Judge 
of  Probate  of  Wills  &,"  for  y"^  County  of  Plym°,  to  put  the  same  on 
Interest,  &  give  Caution  to  the  s''  Judge  that  both  Principal  &  In- 
terest may  be  secured  to  the  said  Minor.     ^Passed  January  15. 


CHAPTER    92. 


RESOLVE    IMPOWERING    DESIRE    SEPIT,   INDIAN,   TO    SELL    LAND    AND 
MAKING  PROVISION  IN   REGARD  TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  138. 
Mass. 
Archives, 
xxxiii.,  4.31. 

Mass. 
Archives, 
xxxiii.,  450. 
House  Jour- 
nal, pp.98,  !)9. 
Province 
Laws,  xvi.,  241, 
chap.  76,  note. 


A  Petition  of  Desire  Sepit  of  Bridgwater  Indian  woman  Setting 
forth  That  she  is  Owner  of  five  Acres  of  Land,  at  Monument  Ponds 
in  Plymouth,  8  Eods  wide,  &  100  Rods  in  length,  without  any  fence 
or  wood  thereon;  that  she  can  find  no  Tenant  for  it,  but  can  sell 
it  [to  John  Bartlett]  for  13.6.8,  the  Interest  of  which  would  be  of 
help  towards  her  support.  And  praying  that  she  may  have  leave  to 
sell  the  same. 

[Read  and] 

-Resolv'd  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  impower'd  to  make  Sale  of  the  Laud  mention'd  in  the 
Petition,  to  the  Said  John  Bartlet  for  the  Sum  of  Thirteen  Pounds 
Six  shillings  &  Eight  pence  and  Execute  a  good  Deed  thereof  to 
him.  And  that  Josiah  Edson  Esq'  of  Bridge  water  assist  in  the  Sale, 
and  take  good  Security  for  the  Said  Sum  on  Interest  payable  to  the 
Guardians  of  the  Indians  for  the  County  of  Plyrn"  for  the  Petitioners 
use  And  that  the  Said  Interest  from  Year  to  Year  be  Apply'd  by 
them  for  her  Benefit.     [Passed  January  15. 


CHAPTER    93. 


RESOLVE  GRANTING  TO   MARY  MARSHALL   LICENCE    TO    SELL    STRONG 
DRINK. 


Legislative 
Records  of  the 
Council, 
xxvii.,  141. 

House  Jour- 
nal, p.  116. 


A  Petition  of  Mary  Marshall  of  Boston  Spinster  Setting 
forth  that  she  hath  been  approbated  by  the  select  men  of  the 
said  town,  &  recommended  by  them  to  the  Court  of  Sessions  for 
a  License  to  sell  spirituous  Liquors;  but  as  the  time  for  granting 
such  licenses  is  expired,  praying  that  the  s^  Court  may  be  impow- 
ered to  grant  her  such  license  at  their  Session  in  January  Instant 

Read  and 

Resolved  that  the  Prayer  of  the  Petition  be  granted,  &  that  the 
Justices  of  the  Court  of  General  Sessions  of  the  Peace,  for  the 
County  of  Suffolk,  be  &  hereby  are  impowered,  in  their  present 
Session  to  grant  the  Petitioner  a  license  accordingly,  the  time  for 
granting  licenses  being  elapsed  notwithstanding.  [Passed  Jan- 
uary 16. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  273 

CHAPTEE    94. 

RESOLVE   CONFIRMING   TOWNSHIP  N»  S  TO   JOHN   CUMMINGS. 

A  Petition  of  John  Cumings  of   Concord     Praying  that  this  Legislative 
Court  would  make  him  a  Grant  of  the  Township,  N°  5.  which  he  coimclf  "*  ""^ 
purchased  of  this  Government,  in  the  Year  1763,  he  finding  it  a  xxvii.,  ui. 
great  discouragement  to  Settlers  from  going  upon  s^  Lands  unless  House  .lour- 
he  could  give  them  Warrantee  Deeds.  X'A'k.  Trov-' 

[  Eead  and  ]  '^"ce  Laws, 

Resolved  that  the  township  N"  5.  which  was  sold,  in  the  year  1762,  chap!  so. ' ^n<e, 
to  John  Cumings  of  Concord,  in  the  County  of  Middlesex  bounded  p- »*i- "hap.  74. 
Westerly  on  the  township,  N°  4,  &  N°  2,  and  Southerly,  partly  on 
Lotts  N"  2,  &  N°  3,  then  Easterly  partly  on  Chandlers  Grant,  & 
Province  Land,  &  Northerly  partly  on  the  townships,  N°  6,  &  7. 
be  granted  &  confirmed  to  the  abovesaid  John  Cumings,  his  Heirs 
&  Assigns,  he  performing  the  Settlement  thereon,  as  originally  en- 
joined by  the  General  Court.     \^Passed  January  16. 


CHAPTEK    95. 

RESOLVE   ALLOWING   REV  ELI  FORBES   £33.  12.  3. 

Resolved  that  there  be  allowed  &  paid,  out  of  the  Income  of  Sir  Legislative 
Peter  Warren's  Donation  the  Sum  of  Thirty  three  Pounds,  twelve  Eecords  of  the 
shillings  &  three  pence  to  the  Rev''  Eli  Forbes,  in  full  for  his  pro-  xxvii"i4o. 
curing,  instructing  cloathing  &  boarding,  three  Mohawk  Children  House  Jour- 
from  Aug'  15^^  1767,  to  Jan^  15.  1768.  and  that  the  same  be  paid  rfg/i^f/if/, 5J§. 
out  of  the  Public  Treasury  accordingly.     [Passed  January  18. '        -Ante,  p.  243, 


CHAPTEE    96. 


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

A  Petition  of  George  Carrell  of  Hopkinston,  Guardian  of  Moses  Legislative 
Adams,  a  Minor    Setting  forth,  that  the  said  Minor  in  Consequence  coSnc'if  °' *'' 
of  the  desire  of  his  Parents  deceased,  &  agreable  to  his  own  Inclina-  xxvii.,  143. 
tions,  is  entered  a  Student  at  Harvard  College.   That  his  Father  Archives,  xix., 

Moses  Adams  late  of  Framingham  dec"  left  him  an  Estate  lying  in  ']^ 

said  Framingham,  consisting  of  about  Seventy  Acres  of  Land,  valued  Mass. 
at  a  Sum  between  £.300,  &  £400     the  Income  of  which  is  insuffi-  mf^Legis/a^" 
cient  for  his  Support,  &  Education,  and  that  the  said  Estate  needs  toe^(^™cii^°* 
great  repairs.  And  praying  that  he  may  be  impowered  to  make  sale  xxvi.,397.  ' 
of  the  said  Estate  for  the  use  &  Benefit  of  the  said  Minor.  mi^pp'sti'M 

[Read  and]  p^ivinra' 

Ordered  that  this  Petition  be  revived.  And  that  the  Petitioner  Laws,  u.,  151, 
George  Carryl  Guar"  of  Moses  Adams  a  minor  be  and  he  is  hereby  "'"^p-^"- 

'  This  date  is  according  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  January  16. 


274 


Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chaps.  97,  98.] 


impowerd  to  make  Sale  of  the  said  Minors  Eeal  Estate  lying  in 
Framiugham  containing  about  Seventy  acres  of  Land  &  make  & 
execute  a  good  Deed  or  deeds  thereof  in  the  Law  to  tlie  purchaser 
or  purchasers;  he  attending  the  directions  of  the  Law  for  the  Sale 
of  Eeal  Estates  by  Executors  &  administrators;  He  first  giving  Bond 
to  the  Judge  of  Probate  for  the  County  of  Middlesex  that  the  pro- 
ceeds of  the  said  Sale  be  put  on  interest  &  used  from  time  to  time 
for  the  Education  of  the  said  minor  so  much  as  may  be  necessary 
and  that  the  remainder  be  paid  to  the  said  minor  when  he  shall  come 
of  age.  or  in  Case  of  said  Moses'  Decease  to  his  Heirs.  \^Passed  Jan- 
uary 19. 


CHAPTEE    97, 


RESOLVE   IMPOWERING   JON*  HEARSEY,  ADM=,  TO    SELL    REAL    ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  146. 

House  Jour- 
nal, pp.  1U2, 119. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Jonathan  Hearsey  Admin'  of  the  Estate  of  Jona- 
than Hearsey  late  of  Hingham  deceased  Setting  forth  That  the 
deceaseds  whole  Real  Estate  was  Apprized  at  Seventy  six  jjounds  in- 
cluding the  Widows  thirds.  That  the  Personal  Estate  falls  £52.3.8% 
short  of  the  amount  of  the  debts.  And  praying  that  he  may  be  im- 
powered  to  sell  the  said  Eeal  Estate  exclusive  of  the  Widows  thirds 
under  proper  restrictions. 

[Read  and] 

Kesolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  impowered  in  his  said  capacity  to  make  Sale  of  the 
whole  of  the  deceaseds  Real  Estate  within  mentioned  exclusive  of 
the  Widows  thirds  for  the  most  the  same  will  fetch  and  execute  a  good 
deed  thereof  to  the  purchaser  Observing  the  Rules  of  the  Law  for 
the  Sale  of  Eeal  Estate  by  Executors  and  Admin",  and  the  Money 
arising  by  said  Sale  be  applied  to  the  payment  of  the  deceaseds  just 
debts  and  the  overplus,  if  any  there  be,  ai^plied  to  the  benefit  of  the 
Heirs  of  the  deceased.      \^Passed  January  20. 


CHAPTEK    98. 

RESOLVE  IMPOWERING  HAN"  METCALF,  ADM''  AND  GUARDIAN,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii. 


A  Petition  of  Hannah  Metcalf  of  Wrentham  and  David  Haven 
of  Framingham  the  said  Hannah  being  Admin^  of  the  Estate  of  her 
late  Husband  Joseph  Metcalf  of  Wrentham  &  Guardian  to  Mehit- 
abel,  Susannah  &  Joseph,  and  the  said  David  as  Guardian  to  Luther 
and  Calvin  all  Minors  and  Children  of  the  deceased  Setting  forth 
That  the  said  Joseph  died  siezed  and  possessed  of  a  dwelling  House 
and  Barn  and  about  forty  seven  Acres  of  Land  lying  in  four  sep- 
arate parcels.  That  the  Fences  are  much  out  of  Eepair,  and  tlie 
House  so  decayed  as  to  require  a  new  Eoof :  That  the  said  Estate 
was  apprised  at  £134  And  that  it  is  uncertain  whether  the  Personal 
Estate  is  sufficient  to  pay  the  debts,  so  that  it  is  not  likely  that  there 
will  be  anything  left  to  make  the  said  Eepairs  withal ;  that  the  Chil- 


[2d  Sess.]     Province  Laws  (i^esofoes,  efc.).  — 1767-(38.  275 

dren  are  young  and  two  of  them  very  weakly  and  the  Rents  insuffi- 
cient for  their  support.  And  Praying  that  they  may  be  impowered 
to  make  Sale  of  the  said  Real  Estate  for  the  benefit  of  those  inter- 
ested therein. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  be  impowered  to  make  Sale  of  the  whole  of  the  Real 
Estate  within  mentioned  for  the  most  the  same  will  fetch,  and  ex- 
ecute a  good  Deed  thereof  to  the  purchaser,  observing  the  Rules 
of  tlie  Law  for  the  Sale  of  Real  Estate  by  Executors  &  Admiu'% 
giving  caution  to  the  Judge  of  Probate  for  the  County  of  Suffolk 
that  the  money  arising  by  said  Sale  be  applied  to  the  payment  of 
the  deceaseds  just  debts  and  the  overplus  if  any  there  be  secured 
for  the  benefit  of  the  Heirs  of  the  deceased.     [Passed  January  20. 


CHAPTEE    99. 

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

A  Petition  of  Amos  Stockwell  Admin'  of  the  Estate  of  John  Legislative 
Stockwell  late  of  Sutton  deceased  Setting  forth.  That  the  deceaseds  coSncu' °* '"^ 
Personal  Estate  falls  upwards  of  Seventy  pounds  short  of  the  amount  xxyu.,  148. 
of  the  debts:  that  the  Real  Estate  was  Apprized  at  £267.15/  one  House  Jour.^ 
third  whereof  is  set  off  to  the  Widow  as  her  dower.  And  Praying  provm'ce ' 
that  he  may  be  impowered  to  make  Sale  of  so  much  of  the  Real  J^iJ^iifio.''^^'' 
Estate  as  may  be  sufficient  to  discharge  the  said.debts  and  charges. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted  and  that  the 
Petitioner  in  his  said  capacity  be  and  he  is  hereby  impowered  to 
make  Sale  of  so  much  of  said  deceaseds  Real  Estate  as  will  amount 
to  the  Sum  of  Eighty  five  pounds  and  cost  of  Sale  where  it  will  be 
least  prejudicial  to  the  remainder  of  said  Estate,  and  to  make  and 
execute  a  good  deed  or  deeds  in  Law  to  the  purchaser  or  purchasers 
thereof.  He  attending  to  the  Rules  of  the  Law  respecting  the  Sale 
of  Real  Estates  by  Executors  and  Admin",  and  giving  caution  to 
the  Judge  of  Probate  for  the  County  of  Worcester  that  the  pro- 
ceeds of  said  Sale  be  applied  to  the  discharge  of  the  said  deceaseds 
just  debts.     \^Passed  January  20. 


CHAPTEE    100. 

RESOLVE  IMPOWERING   MARY  LIBBY,  ADM'',  TO  SELL  REAL  ESTATE. 

A  Petition  of  Mary  Libby  Admin''  of  the  Estate  of  John  Libby  Legislative 
late  of  Scarborough  deceased  Insolvent     Setting  forth     That  the  ^^^pc'ir*""' 
amount  of  the  deceaseds  debts  is  £256.10/  more  than  the  whole  of  xxvii.,  i49. 
his  Personal  Estate.   And  praying  that  she  maybe  impowered  to  House  Jour, 
sell  so  much  of  the  deceaseds  Real  Estate  as  may  be  sufficient  to  province  ' 
pay  his  just  debts  with  the  charges  of  Sale.  chaT^'io."  '^'' 

[Read  and] 

Resolved  That  Mary  Libby  Admin'^  on  the  Estate  of  John  Libby 


27G 


Province  Laws  (i?esoZwes,  efc.).  — 1767-68.  [Chaps.  101,  102.] 


late  of  Scarborough  deceased,  be  and  hereby  is  impowered  to  make 
Sale  of  so  much  of  said  deceaseds  Real  Estate  as  will  amount  to 
the  Sum  of  Two  hundred  pounds  ten  shillings  and  cost  of  Sale 
where  it  will  be  least  prejudicial  to  the  remainder  of  said  deceased 
Estate,  and  make  and  execute  a  good  deed  or  deeds  of  the  same  to 
the  purchaser  or  purchasers  thereof,  she  attending  to  the  directions 
of  the  Law  respecting  the  Sale  of  Real  Estates  by  Executors  and 
Admin",  and  giving  caution  to  the  Judge  of  Probate  for  the  County 
of  Cumberland  that  the  proceeds  of  said  Sale  be  applied  for  the  pur- 
poses mentioned  in  this  Petition.      [Passed  January  20. 


Legislative 
Records  of  the 
Council, 
xxvii.,  149. 


CHAPTEK    101. 

RESOLVE  IMPOWERING  SETH   HARLOW,  ADM",  TO   SELL   REAL    ESTATE. 

A  Petition  of  Seth  Harlow  Admin^  of  the  Estate  of  Nath'  War- 
ren late  of  Plymouth  dec**  Setting  forth,  That  the  said  deceaseds 
Personal  Estate  being  small  was  by  desire  of  the  Children  set  off 
nai"ppfio4rii9-  *°  *^®  Widow,  And  that  there  are  sundry  debts  due  from  the  Estate 
Province  to  the  amount  of  Two  hundred  pounds.  And  praying  that  he  may 

chap.'io.'     '    be  impowered  to  make  sale  of  so  much  of  the  deceaseds  Real  Estate 
as  may  be  sufficient  to  discharge  the  said  debts. 
[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  impowered  to  make  sale  of  so  much  of  the  deceaseds 
Real  Estate  where  it  will  be  least  prejudicial  to  the  remainder  as 
will  be  sufficient  for  the  purposes  abovementioned,  and  execute  a 
good  deed  thereof  to  the  purchaser.  Observing  the  Rules  of  the 
Law  for  the  Sale  of  Real  Estate  by  Executors  &  Admin",  and  giv- 
ing caution  to  the  Judge  of  Probate  for  the  County  of  Plymouth 
that  the  money  arising  by  said  Sale  be  applied  accordingly.  [Passed 
January  20. 


CHAPTEK    102, 


RESOLVE   GRANTING  A  TRACT  OF  LAND  KNOWN  AS   WATCHUSET  HILL 
TO   REV  TIM"  FULLER. 


Legislative 

Eecorrts  of  the 

Council, 

xvili.,150. 

Mass. 

Archives,  xiv., 

497. 

Mass. 

Archives,  xiv., 
495.  House 
Journal, 
pp.  114, 121,122, 
123.  Province 
Laws,  xvi.,  636, 
chap.  153. 


A  Petition  of  Timothy  Fuller  of  Princetown  Clerk  Setting 
forth.  That  he  hath  lately  settled  in  the  Gospel  Ministry  in  said 
Princetown  upon  the  slender  allowance  of  £53.6.8  ^  Annum  which 
he  apprehends  is  as  much  as  the  people  can  afford  to  pay  him  in 
their  present  infant  State.  That  they  have  built  a  Meeting  house 
and  made  Roads  in  the  Town,  but  have  no  public  Ministerial  Lands. 
And  praying  that  this  Court  would  make  him  (being  the  first  set- 
tled Minister  there)  a  Grant  of  the  Watch usett  Hill  lying  in  said 
Town  containing  about  500  Acres  of  poor  barren  Land  except  that 
at  the  foot  of  said  Hill  on  the  South  side  there  are  about  100  Acres 
which  tho'  Rocky  and  uneven  may  possibly  do  for  pasture  Land. 

[Read  and] 

Resolvd  That  the  Prayer  of  s,^  Petition  be  granted  and  that  the 
Tract  of  Land  belonging  to  this  Province  lying  in  Princeton  in  the 
County  of  Worcester  called  Watchusett  Hill  containing  about  Five 


[2d  Sess.]     Province  Laws  (i^esoZwes,  ete.).  — 1767-68.  277 

Hundred  acres  bounded  East  Four  Degrees  North  one  Hundred  and 
forty  Rods  on  Watertown  Farm  then  North  46  Degrees  East  160 
Rods  on  said  Watertown  farm  then  north  97  Rods  on  Muzzys  Farm 
now  Keyess.  then  North.  23  Degrees  west  70  Rods  on  Benj^  Hough- 
tons  Land  then  Westerly  135  Rods  on  said  Houghtons  Land  then 
60  Rods  on  s"*  Houghtons  Land  to  a  White  oak  Tree  then  South : 
55  Degrees  West  263  Rods  on  Westminster  Line  to  a  Red  oak  Tree 
the  Corner  of  M"'  Aliens  Farm,  then  East  21  Degrees  South.  100 
Rods  on  s*"  Aliens  Farm  then  running  on  S'^  Aliens  Farm  about  190 
Rods  to  y"  Bounds  first  mentioned  be  granted  to  the  s**  Tim"  Fuller 
his  Heirs  &  assigns  forever  as  an  Encouragement  to  him  to  continue 
in  the  faithful  Discharge  of  his  office  in  s**  Princeton 

Provided  that  he  or  his  Heirs  pay  their  Proportion  of  a  Tax  of 
Two  Pence  p'  acre  for  three  years  laid  by  the  general  Court  at  their 
Sessions  in  January  AD  1760.  upon  all  the  unimproved  Lands  in 
s""  District  of  Princeton.      [Passed  January  20. 


CHAPTEE    103. 

RESOLVE  ADJOURNING   COURTS  IN   HAMPSHIRE   COUNTY. 

Resolved  That  whereas  the  Court  of  General  Sessions  of  the  peace  Legislative 
and  Inferior  Court  of  Common  pleas  for  the  County  of  Hampshire  councif, "* ''^^ 
according  to  the  time  appointed  by  Law  should  be  holden  at  North-  xxvii.,  ini. 
ampton  in  said  County  on  the  second  Tuesday  of  February  next;  House .Jour- 
ancl  whereas  sundry  of  tlie  Justices  and  Officers  of  said  Courts  and  "Ji'.' ''province' 
others  concerned  in  the  business  thereof  are  members  of  this  Court  cb^^'20-"y^''m 
which  is  likely  to  continue  sitting  beyond  the  time  aforesaid  by  Law  note.' 
appointed  for  holding  said  Courts. 

Therefore 

Resolved  That  the  said  Courts  be  and  are  hereby  Adjourned  unto 
the  third  Tuesday  in  March  next  then  to  be  holden  at  said  North- 
ampton ;  and  that  all  Pleas,  Processes,  Writs,  Actions  Suits,  issued 
or  to  be  issued,  Complaints,  Precepts  Recognizances  and  all  other 
matters  and  things  returnable  and  having,  and  that  should  have 
had  day  in  said  Courts,  if  the  same  had  been  held  on  the  said  second 
Tuesday  of  February  shall  be  returnable  and  have  day  in  said  Courts 
on  the  said  third  Tuesday  of  March,  and  shall  abide  and  continue 
unto  that  time,  and  shall  then  be  proceeded,  heard,  tried  and  deter- 
mined to  all  intents  and  purposes  as  effectually  as  if  said  Courts 
should  have  been  held  on  the  said  second  Tuesday  of  February:  and 
all  Executions  returnable  on  the  said  second  Tuesday  of  February 
may  be  returned  into  the  Clerks  Office  of  said  Courts,  and  alias 
Executions  issued  afterwards  in  like  manner  as  if  this  adjournment 
had  not  been  made.     [Passed  January  20. 


278  Province  Ijaws,  {Resolves,  etc.). —  llQl-&d,.  [Chaps.  104,  105.] 


CHAPTEE    104. 

RESOLVE    IMPOWERING    HEZEKIAH    WINSLOW,   ADM=,   TO    SELL    REAL 
ESTATE  AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

R^iwdsof  the  ^  Petition  of  Hezekiah  Winslow  Admin''  of  the  Estate  of  Noah 
Council,  Stoddard  late  of  Dartmouth  dec''  Intestate      Setting  forth   That 

xwu.,  jS4. —  ^Y^^  gg^j^  deceaseds  debts  amount  to  £73.5.11  more  than  his  Per- 
SuyppS^^iao.  sonal  Estate  And  Praying  that  he  may  be  impowered  to  make  Sale 
Province  of  the  deceaseds  Real  Estate  consisting  of  a  small  House  and  about 

ciiup.'io.'     '    twenty  eight  Acres  of  Land  to  enable  him  to  pay  the  said  debts  and 
charges. 
[Read  and] 

Resolved  That  the  prayer  of  the  within  Petition  be  granted  and 
that  the  Petitioner  in  his  said  capacity  be  impowered  to  make  Sale 
of  the  whole  of  the  deceaseds  Real  Estate  in  the  Town  of  Dartmouth 
as  mentioned  iu  said  Petition  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  Deed  of  the  same  to  the  purchaser,  Ob- 
serving the  Rules  of  the  Law  for  the  Sale  of  Real  Estate  by  Exec- 
utors and  Administrators  and  that  he  give  caution  to  the  Judge  of 
Probate  for  the  County  of  Bristol  that  the  Money  arising  by  said 
Sale  shall  be  applied  to  the  payment  of  the  deceaseds  just  debts, 
and  the  Overplus,  if  any  there  be,  put  to  interest  for  the  benefit 
of  the  Children  of  the  deceased.     \^Passed  January  21. 


CHAPTEE    105. 

RESOLVE  IMPOWERING  BETHESDA  &  JUSTUS  SACKET,  EXECUTORS,  TO 
EXECUTE  A  DEED  AND  MAKING  PROVISION  FOR  THE  MONEY  RE- 
CEIVED. 

Legmiative^^        A  PETITION  of  Bcthesda  Sacket  of  Westfield  Widow  and  Justus 
Council,  Sacket  Son  of  Eliakim  Sacket  late  of  Westfield  deceased  and  Exec- 

xxYii.,  loo. utors  of  his  last  Will  and  Testament     Setting  forth  That  the  said 


Ante,p.iii,       Granville,  a  Farm  of  Land  there  containing  about  110  Acres  and 
°  "''■''■  gave  his  Obligation  to  the  said  Isaac  to  give  him  a  deed  thereof 

upon  the  payment  of  £120  the  Sum  agreed  for.  That  said  Isaac 
made  the  said  Purchase  for  and  in  behalf  of  one  Timothy  Leete, 
who  in  the  life  time  of  the  said  Eliakim  took  possession  of  the  said 
Earm  and  paid  part  of  the  purchase  Money  and  since  his  death  the 
Petitioners  have  taken  up  the  Obligation  which  he  gave  as  afore- 
said to  the  said  Bartlet  and  gave  him  their  Bond  to  execute  a  deed 
of  the  said  Land  on  compleating  the  payment  of  the  Sum  of  £120 
aforesaid.  That  the  said  Leete  has  since  paid  the  whole  Sum  and 
now  demands  a  deed  of  the  Land.  And  praying  that  they  may  be 
impowered  to  execute  a  deed  agreable  to  the  original  bargain  of  the 
said  Eliakim  Sacket,  they  to  be  accountable  for  that  part  of  the 
purchase  Money  received  by, them  since  his  death. 
[Read  and] 

Resolved  Tliat  the  prayer  of  the  Petition  be  granted,  and  that  the 
said  Bethesda  and  Justus  be,  and  hereby  are  impowered  to  make  and 
execute  a  Deed  of  bargain  and  Sale  to  the  said  Timothy  Leete  the 
Land  mentioned  in  the  Petition,  of  which  they  stand  bound  to  give 


[2d  Sess.]     PnoviNCE  liAV/s  {Besolves,  etc.).  — 1767-68.  279 

him  a  deed,  and  that  they  be  obliged  to  pay  all  the  Money  which 
they  have  or  may  receive  of  the  said  Leete  for  the  said  Land,  to 
such  person  or  persons  as  by  the  tenor  of  the  said  deceaseds  Will 
they  would  have  been  holden  to  have  paid  the  game  in  case  such 
Monies. had  been  left  by  the  said  deceased  in  their  hands  at  the  time 
of  his  death.     [Passed  January  22. 


CHAPTBE    106. 

RESOLVE  ACCEPTING  REPORT  OF  COMMISSARIES  ON  THE  NEW  YORK 
BOUNDARY  LINE  AND  DESIRING  THE  GOVERNOR  TO  TRANSMIT  THE 
SAME   TO   THE   GOVERNOR  OF  NEW   YORK. 

The  Committee  on  the  Eeport  of  the  Commissaries  for  settling  Legislative 
the  New  York  Line  made  Report  whereupon  the  following  Resolves  councif  "* ""' 
passed  the  Court  as  reported  by  said  Committee  viz'  xxyii.,  157. 

1  Resolved  That  the  Massachusetts  Government  have  always  Archives,  vi., 

claimed  as  their  just  Right  Jurisdiction  over  the  whole  Territory  ^ 

within  their  North  and  South  limits  from  the  Atlantic  Ocean  to  Archives  vi 
the  South  Sea,  saving  only  such  part  thereof  as  on  the  i^  day  of  *3o.   Legisia- 
November  in  the  Eighteeth  year  of  King  James  the  first  was  actually  ti7e^counciif  " 
possessed  or  inhabited  by  any  other  Christian  Prince  or  State.  i52^"iiout'e^'"' 

3  Being  willing  to  make  the  most  ample  concession  even  Journal, 

beyond  the  bounds  of  equity  in  the  settlement  of  the  controversy  Sn<e',  p.  'iie, 
relative  to  said  Boundary;  and  in  compliance  with  the  recommen-  ?2M^chap  60 
dation  of  his  Majesty  signified  by  the  R'  hon'''^  the  Earl  of  Shel- 
burne  by  a  generous  way  of  acting  to  remove  the  cause  of  any  future 
dissentions  between  the  two  Provinces,  and  that  this  Government 
may  incur  no  blame  if  any  ill  consequence  should  arise  from  the 
continuance  of  the  controversy. 

Resolved  That  this  Court  will  concede  to  &  confirm  the  last  jiro- 
posal  made  by  their  Commissaries  to  the  Commissaries  on  the  part 
of  New  York  at  their  late  conference,  in  the  words  of  the  Report 
of  the  Lords  of  Trade  and  Plantations  in  May  1757 

"  '  That  a  strait  line  to  be  drawn  northerly  from  a  point  on  the 
Southern  Line  of  the  Massachusetts  Bay  twenty  Miles  distant  due 
East  from  Iludsons  River  to  another  point  twenty  miles  distant  due 
East  from  the  said  River  on  the  Line  which  divides  the  Province 
of  Massachusetts  Bay  from  New  Hampshire  be  the  Eastern  Boun- 
dary of  New  York.  Provided  That  this  consession  if  not  agreed  to 
by  New  York  be  not  improved  to  the  disadvantage  of  the  Massa- 
chusetts Claim:  Provided  also  that  nothing  shall  be  understood  to 
prejudice  the  Right  of  this  Province  to  Lands  Westward  of  the 
Province  of  New  York.  And  this  Court  for  the  reasons  abovemen- 
tioned  doth  further  concede  that  the  aforementioned  Lines  of  dis- 
tance from  Hudson's  River  shall  be  measured  as  Horozontal  Lines 
instead  of  Lines  measured  according  to  the  surface  of  the  Earth. 

3'^  And  Whereas  at  said  Conference  some  doubts  arose  on  the 

part  of  New  York  with  respect  to  the  powers  granted  by  this  Gov- 
ernment to  their  Commissaries  aforesaid. 

Resolved  That  the  several  Explanations  by  them  given  of  their 
said  Powers  and  of  the  practice  of  this  Court  with  regard  to  such 
powers  were  just;  and  that  the  Instructions  given  them  contained 
a  full  and  ample  power  for  the  settlement  of  the  Boundary  Line 

*  Sic,  as  to  quotation  marks. 


280 


Province  LiAws  {Eesolves,  etc.) .  — 1767-68.  [Chaps.  107,  108.] 


aforesaid,  notwithstanding  the  Vote  of  the  House  of  Eepresenta- 
tives  past  here  the  17"'  day  of  March  last  and  mentioned  in  the 
Eesolves  of  the  Assembly  of  New  York;  the  said  Vote  not  having 
been  compleated  as  a  Vote  of  the  whole  Court ;  But  for  the  satis- 
faction of  the  Government  of  New  York,  if  any  futher  power  should 
be  necessary  for  the  purpose  aforesaid,  it  shall  be  given  by  an  Act 
in  solemn  form.  And  in  case  of  Agreement  it  is  proposed  to  the  Gov- 
ernment of  New  York  that  an  Act  in  solemn  form  should  be  past 
by  each  Government  declaring  in  tlie  fullest  and  clearest  manner 
the  Partition  Line  between  the  two  Provinces. 

4  If  contrary  to  the  hopes  of  this  Government  all  it's  en- 

deavours to  settle  the  said  Partition  Line  by  mutual  Agreement 
should  prove  ineffectual : 

Resolved  That  a  full  state  of  the  controversy  be  drawn  up  and 
transmitted  home  in  order  to  be  laid  before  his  majesty  in  Council 
for  a  speedy  and  final  settlement  of  it. 

Read  &  accepted,  And  his  Excellency  is  hereby  desired  to  trans- 
mit a  Copy  of  the  aforesaid  Resolves  to  S'  Henry  Moore  Governor 
of  New  York,  to  be  laid  before  the  Assembly  of  N.  York  for  their 
Consideration.     [Passed  January  26. 


CHAPTEK    107 


RESOLVE     ACCEPTING     THE     ACCOUNT     OF     THE     GUARDIANS     OF     THE 
HASSANAMISCO  INDIANS. 


Legislative 
Becorrts  of  the 
Council, 
xxvll.,  160. 
Mass. 
Archives, 
xxxiil.,  458. 


Archives, 
xxxili.,  457. 
House  Jour- 
nal, p.  129. 
Province 
Laws,  xvii., 
269,  chap.  104. 


An  Account  of  the  Trustees  of  the  Hassanamisco  Indians  having 
been  laid  before  the  Court  for  allowance,  the  following  Order  passed 
thereon  viz' 

Resolvd  that  the  within  Account  be  accepted  &  that  the  aforesaid 
Guardians  be  further  accountable  for  the  Sum  of  Nine  shillings  & 
Eight  pence  V2^  for  Interest  and  seventeen  hundred  &  forty  four 
ounces  &  ^^a  Parts '  of  an  ounce  of  Silver  in  their  Hands  belong- 
ing to  the  Hassanamisco  Tribe  and  also  for  the  sum  of  Sixty  Six 
pounds  thirteen  shillings  &  four  pence  belonging  to  Betty  Abraham 
alias  Sampson.     [Passed  January  26. 


CHAPTEK    108, 


Legislative 
Records  of  the 
Council. 
xxvil.,  160. 
Mass. 
Archives, 
xxxili. ,455. 


Archives, 
xxxili.,  454. 
House  Jour- 
nal, pp.  14, 129. 
Province 
Laws,  xvi.,  241, 
chap.  76,  note. 


RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    GUARDIAN    OF    JAMES 
THOMAS,  INDIAN. 

JosiAH  Edson  Esq^  Guardian  of  tlie  Indians  presented  his  Ac- 
count with  James  Thomas  Indian  Man  of  Middleborough  wherein 
the  said  Guardian  hath  charged  him  with  sundry  disbursements 
amounting  to  £2.18.14  and  given  him  Credit  for  the  same  Sum 
received  for  Interest. 

[Read  and] 

.ffeso^wc?  that  the  within  Account :  be  accepted  &  that  that'  the 
said  Guardians  be  dischargd  accordingly.     [Passed  January  26. 

1  Manuscript  mutilated. 
'  Sic. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  281 


CHAPTEK    109.  Slc%?J?the 

Council, 
xxvii.,  161. 
RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    GUARDIAN    OF    HAN"    Mass. 

ROBINS,  INDIAN.  Archives, 

xxxlli.,44». 


JosiAH  Edson  Esq^  presented  his  Account  as  Guardian  to  Han-  Archives, 
nab  Robins  Indian  Woman  of  Bridgewater.  Houyelicmr 

Read  &  nai,  pp.  u,  129. 

Resoled  that  the  within  Account  be  accepted  &  that  the  said  Law8°xvi.,24i, 
Guardians  be  further  accountable  for  the  Ballance  of  Seventy  Eight  ciiap.  tc,  note. 
Pounds  Seventeen  shillings  &  Eleven  pence.    \^Passed  January  26. 


CHAPTER    110. 

RESOLVE    GRANTING    TO    ELIZ-^    TREFRY    LICENCE    TO    SELL    STRONG 
DRINK. 

A  Petition  of  Elizabeth  Trefry  of  Boston  Widow     Setting  forth  ^sisiative 
That  she  hath  been  Approbated  and  recommended  by  the  Selectmen  council, 

of  the  said  Town  to  be  a  Retailer  of  Spirituous  Liquors.  And  pray-  ^'^''''•'  ^^^" 

ing  that  the  Court  of  Sessions  may  be  impowered  to  grant  her  a  nai"if  1^"' 
License  for  that  purpose  the  time  for  granting  Licenses  being  elapsed 
notwithstanding. 

[Read  and] 

Resolved  That  the  prayer  of  the  above  Petition  be  granted  and 
that  the  Justices  of  the  Court  of  General  Sessions  of  the  peace  for 
the  County  of  Suffolk  in  their  present  Session  be  impowered,  if 
they  see  cause  to  grant  the  said  Elizabeth  Trefry  a  License  to  Retail 
Spirituous  Liquors  at  her  House  in  Fish  Street,  the  time  for  grant- 
ing Licenses  being  elapsed  notwithstanding.     \^Passed  January  26. 


CHAPTER    111. 

RESOLVE   CONFIRMING  THE   ROADS   IN  THE   DISTRICT  OF  CHARLTON. 

On  the  Petition  of  Edward  Davis  Agent  for  the  District  of  glfordfof the 
Charlton  in  the  County  of  Worcester  council, 

Resolved  that  the  prayer  of  the  Petition  be  so  far  Granted  that  all  Mai".''  ^^^' 
the  roads  legally  laid  out  by  the  Select  Men  of  said  Charlton  and  ;f^''^|''I||' 

approved  of  by  the  Inhabitance  of  Said  Destrict  att  their  Annuall  _ '  "'      

Meetings  in  march  Yearly  as  Sett  forth  in  Said  Petition  be  hereby  nai,pp.ii3,ii7, 
confirmed  and  made  valid  to  all  intents  and  purposes  there  not  ^^^'  ^^■ 
Setting  forth  the  particular  Descriptions  in  there  notifycations  for 
calling  said  Meeting  according  to  Strictness  of  Law  as  mentioned 
in  said  Petition  Notwithstanding  Provided  that  no  person  who  may 
haue  suffered  damage  by  the  laying  out  of  said  Roads  shall  be  hereby 
barred  from  seeking  a  recompence,  in  case  he  shall  make  Applica- 
tion to  the  Court  of  Sessions  therefor  within  twelue  months  from 
this  time.     \^Passed  January  26. 


282  Provlnce  Laws  {Resolves,  etc.) .  — 1767-68.  [Chaps.  112,  113.] 


CHAPTEK    112. 

RESOLVE    IMPOWERING    EZRA    TAYLOR,   ESQ'',   ADM",   TO    SELL    REAL 
ESTATE  AND   MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

klforda  o7the       ^  PETITION  of  Ezra  Taylor  Esq'  Admin'  of  the  Estate  of  Ebenezer 

Council,  Johnson  late  of  Southborough  deceased     Setting  forth     That  the 

xxYii.,  165. —  g^^^j^  deceased  died  seized  of  a  Farm  containing  about  two  hundred 

mu^ppSriSB.  Acres  of  Land  with  certain  Buildings  thereon  Apprized  at  £733.6.8 

Province  that  it  is  neccssarj  the  greater  part  thereof  should  be  sold  for  the 

chap.  10."     '    payment  of  debts;  but  that  the  parting  of  it  would  spoil  the  whole. 

That  the  deceased  left  four  Children  three  of  whom  are  of  full  age, 

and  are  all  desirous  that  the  whole  Estate  should  be  sold  together. 

And  praying  that  he  may  be  impowered  to  make  sale  of  the  same, 

he  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted  and  that 
the  Petitioner  be  and  hereby  is  impowered  to  make  Sale  of  the 
Real  Estate  mentioned  in  the  Petition  for  the  most  it  will  fetch, 
and  to  make  and  execute  a  good  deed  or  deeds  in  law  for  conveying 
the  same,  he  observing  the  directions  of  the  Law  for  the  Sale  of 
Real  Estates  by  Executors  &  Admin"  and  giving  sufficient  caution 
to  the  Judge  of  Probate  for  the  County  of  Worcester  that  the  Money 
arising  by  the  Sale  thereof  be  applied  for  the  purposes  mentioned 
in  s'^  Petition.     \^Passecl  January  29. 


CHAPTEK    113. 

RESOLVE  ADJOURNING  COURTS  IN  BRISTOL  COUNTY. 

Legislative  Besolved  That  whereas  the  Court  of  General  Sessions  of  the  peace 

Council,  and  Inferior  Court  of  Common  pleas  for  the  County  of  Bristol  ac- 

xxYu.,  166. cording  to  the  time  appointed  by  Law  should  be  holden  at  Taunton 

^ouee  Jour^^^  in  Said  County  on  the  third  Tuesday  of  February  next:  And  whereas 
i39,'i4o'.  p'rov-  several  of  the  Justices  of  said  Court  and  otliers  concerned  in  the 
rav.^hap.^dol'  business  thereof  are  Members  of  this  Court  which  is  likely  to  con- 
T., 67,note.  tinue  sitting  beyond  the  time  aforesaid  by  Law  appointed  for  hold- 
ing said  Courts.  Therefore 

Resolved  That  the  said  Court  of  General  Sessions  of  the  peace 
and  Inferior  Court  of  Common  pleas  be,  and  hereby  are  adjourned 
unto  the  first  Tuesday  in  May  next,  then  to  be  holden  at  said  Taun- 
ton; and  that  all  Pleas,  Processes,  Writs,  Actions,  Suits,  Complaints, 
Precepts,  Recognizances  and  all  other  matters  and  things  returnable 
and  having,  or  that  should  have  day  in  said  Courts,  if  the  same  had 
been  held  on  the  said  third  Tuesday  of  February,  shall  be  return- 
able and  have  day  in  said  Courts  on  the  said  first  Tuesday  of  May 
and  shall  abide  and  continue  unto  that  time,  and  shall  then  be  pro- 
ceeded on,  heard.  Tried  and  determined  to  all  intents  and  purposes 
as  effectually  as  if  said  Courts  had  been  held  on  the  said  third  Tues- 
day of  February.  And  all  Executions  returnable  on  the  said  third 
Tuesday  of  February  may  be  returned  into  the  Clerks  Office  of  said 
Courts,  and  alias  Executions  issued  afterwards  in  like  manner  as  if 
this  Adjournment  had  not  been  made.     \^Passed  January  SO. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  283 

CHAPTEK    114. 

ORDER  IMPOWERING  JN"  BRIDGHAM   TO   ENTER  AN  APPEAL. 

The  Committee  appointed  the  aa**  Instant  on  the  Petition  of  Legislative 
John  Bridgham  having  made  Report  the  following  Order  passed  council, 
thereon  viz'  xxvn..  167. 

Ordered  that  the  said  John  Bridgham  have  liberty  to  enter  his  £?s'?.!?o"J*^^..> 

,  ,  II.         /.  1   ,^        K       •        ■  ■  T  -ri     ■   ■  ■  1   Records  of  tbe 

Ajjpeal  to  and  bring  forward  the  Action  in  said  Petition  mentioned  Council, 
at  the  next  Snpcrior  Court  of  Judicature  &c  to  be  held  at  Plymouth  House  iou'r- 
in  and  for  the  County  of  Plymouth  on  the  third  Tuesday  of  May  °3''o''uo'^!j,\<e' 
nest,  and  that  the  Justices  of  the  said  Court  be  impowered  to  receive  ij.  236,  cLap.  21. 
the  said  Appeal  and  to  hear  and  determine,  give  Judgment  and 
Award  Execution  thereon  to  all  intents  and  purposes  as  they  might 
have  done  had  the  Appeal  been  entered  at  the  said  Court  on  the 
third  Tuesday  in  May  last.     [Passed  January  SO. 


CHAPTER    115. 

RESOLVE   GRANTING   £800  TO  THE   JUSTICES,  Legislative 

Records  of  the 

Resolved,  That  the  Sum  of  Eight  Hundred  Pounds  be  granted,  xxvii., les. 
and  paid  out  of  the  publick  Treasury  to  the  Honorable  the  Justices  Archives, 
of  the  Sujjerior  Court  of  Judicature,  Court  of  Assize  and  General  ^"''■'  ^■^'- 
Goal  Delivery,  for  their  Services,  for  one  Year,  ending  the  first  Day  House  Jour- 
of  January.      [Passed  January  30.  na ,  p. 


CHAPTER    116. 

ORDER  ALLOWING   £40  TO   THE   CHIEF  JUSTICE.  Legislative 

Records  of  the 

Ordered,  That  the  Sum  of  Forty  Pounds  be  allowed  and  paid  out  xxvii.,  I'es. 
of  the  jiubiick  Treasury,  to  the  honorable  Thomas  Hutchinson,  Esq'  Archives, 
in  Consideration  of  his  faithful  Discharge  of  the  important  Trust  xi'v-,  e-^^H. 
reposed  in  him  as  Chief  Justice,  and  for  his  further  Encouragement  House  Jour, 
therein.      [Passed  Jamiary  30.  ' ''' 


CHAPTER    117. 

RESOLVE  ALLOWING   £50  TO   THE   SECRETARY. 

Resolved  That  the  Sum  of  Fifty  pounds  be  granted  and  allowed  Legislative 
to  be  paid  out  of  the  public  Treasury  to  the  hon'''^  Andrew  Oliver  couneif,"  '  * 
Esq'  Secretary  of  this  Province  for  his  Services  for  one  year  endins 


the  sixth  day  of  December  last.     [Passed  January  30.  House  Jour. 


nal,  p.  133. 


284 


Provinck  Laws  {Resolves,  etc.).  — 1767-68.  [Chaps.  118-121.] 


CHAPTEK    118. 


Legislative 
Records  of  the 
Council, 
xxvil.,  169. 

House  Jour- 
nal, p.  134. 
Supra,  chap. 


RESOLVE  ALLOWING   £90  ADDITIONAL  TO   THE   SECRETARY. 

Resolved  That  the  Sum  of  Ninety  pounds  be  granted  and  allowed 
to  be  paid  out  of  the  public  Treasury  to  the  hon""'"  Andrew  Oliver 
Esq'  Secretary  of  this  Province  in  consideration  of  his  extraordinary 
Services  to  the  sixth  day  of  December  last.     ^Passed  January  SO.  . 


Legislative 
Records  of  the 
Council, 
xxvii.,  169. 

House  Jour- 
nal, p.  134. 


CHAPTER    119. 

RESOLVE  ALLOWING   £267   TO  THE   TREASURER. 

Resolved  That  the  Sum  of  Two  hundred  and  sixty  seven  pounds 
be  granted  and  allowed  to  be  paid  out  of  the  public  Treasury  to 
the  hon'''^  Harrison  Gray  Esq'  Treasurer  and  Receiver  General  of 
his  Majesty's  Revenues  of  this  Province  for  a  years  Service  ending 
the  twenty  third  day  of  Decem'  last.     [Passed  January  SO. 


CHAPTER    120, 


Legislative 
Records  of  the 
Council, 
xxvii.,  169. 
Mass. 

Archives,  1., 
276. 

House  Jour- 
nal, p.  134. 


RESOLVE   ALLOWING  4/  PER  DIEM   TO   THE   SPEAKER. 

In  the  House  of  Repres''" 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of 
the  publick  Treasury  the  sum  of  four  Shillings  per  Diem,  to  the 
honorable  Thomas  Gushing  Esq'  Speaker  of  the  House,  for  every 
Day  of  his  Attendance  in  the  General  Court,  from  the  opening  of 
the  Session  on  the  twenty  seventh  Day  of  May,  One  Thousand  seven 
Hundred  and  Sixty  seven,  over  and  above  his  Pay  as  a  Member  of  this 
House. 

In  Council.  Read  &  Concurred.     [Passed  January  SO. 


CHAPTER    121. 

RESOLVE   ALLOWING   £90  TO  THE   CLERK  OF  THE  HOUSE. 

Legislative  Resolved  That  there  be  granted  and  allowed  to  be  paid  out  of  the 

Records  of  the  ,  ,.      ,        .-,  '^  „    ..t.  t  h*-.    ri  i     a   i 

Council  public  Treasury  the  Sum  of  Ninety  pounds  to  M'  Samuel  Adams 

'"'''"•■  ^"" —  Clerk  of  the  House  of  Representatives  for  his  Service  during  the 
naTp^m""^'      several  Sessions  for  the  current  year.     [Passed  January  SO. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  285 


CHAPTEE    122. 

RESOLVE  ALLOWING   £50  TO  THE   LIEU'^  OF  THE  CASTLE. 

Resolved  That  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  the  Sum  of  Fifty  pounds  to  John  Phillips  Esq'  Lieutenant  of  coSncif,"""* 
his  Majesty's  Garrison  at  Castle  William  in  consideration  of  his  ^-'^''■'- 1""- 
faithful  discharge  of  that  trust.     [Passed  January  SO.  House  J^ur. 


CHAPTER    123. 

RESOLVE  ALLOWING   £40  TO  THE   CHAPLAINS  OF  CASTLE   WILLIAM. 

Resolved  That  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  the  Sum  of  Forty  pounds  to  the  Chaplains  at  his  Majesty's  Castle  c^ndf, ""^ '"^ 
William  for  one  year,  in  proportion  to  their  several  services  and  in  xxvu.,  no. 
consideration  of  their  faithful  discharge  of  that  trust.     {Passed  ^^^^^l^^- 
January  SO. 


CHAPTER    124. 

RESOLVE  ALLOWING   £12  TO   THE  CHAPLAIN  OF  THE  TWO  HOUSES. 

In  the  House  of  Representatives.  K^^'rlf'Tth 

Resolved  That  there  be  allowed  and  paid  out  of  the  public  Treas-  councir," 

ury  the  Sum  of  Twelve  pounds  to  the  Rev''  M'  Samuel  Cooper  Chap-  '"''''"■  ™- 

lain  to  the  hon'''^  Board  and  to  this  House  the  current  year.  ^al^^i^""^' 

In  Council,  Read  and  Concurred.     [Passed  January  SO. 


CHAPTER    125. 

RESOLVE   ALLOWING   £200  TO   THE   PRESIDENT  OF  HARVARD  COLLEGE. 

Resolved  That  the  Sum  of  Two  hundred  pounds  be  granted  and  ^§J,rds'of  the 
allowed  to  be  paid  out  of  the  public  Treasury  to  the  Rev*  M'  Edward  council, 
Holyoke  President  of  Harvard  College  over  and  above  the  Rents  of  ^'"'"•'  '"• — 
Massachusetts  Hall  for  one  year  ending  the  tenth  day  of  September  ^a'J^p^f^'^" 
next  to  be  paid  Quarterly.     [Passed  January  30. 


CHAPTER    126. 

RESOLVE   ALLOWING   £100   TO  PROFESSOR  WINTHROP. 

Resolved  That  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  John  Winthrop  Esq'  Hollisiau  Professor  of  Math-  ^^Snctr**^* 
ematics  and  Natural  Philosophy  at  Harvard  College  in  Cambridge  sxvii.,  170. 
the  Sum  of  One  hundred  pounds  as  a  Gratuity  in  consideration  of  House  Jour- 
his  faithful  discharge  of  the  great  &  important  trust  reposed  in  him  °  'P' 
and  for  his  further  encouragement  therein.      [Passed  January  30. 


286 


Province  LiAVfs  {Besolves,  etc.) .  — 1767-68.  [Chaps.  127-129.] 


Legislative 
Records  of  the 
Council, 
xxvii.,  171. 

House  Jour- 
nal, p.  134. 


CHAPTEE    127. 

RESOLVE  ALLOWING   £100  TO   PROFESSOR   WIGGLES  WORTH. 

Resolved  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
public  Treasury  to  M'  Edward  Wigglesworth  Hollisian  Professor  of 
Divinity  at  Harvard  College  in  Cambridge  the  Sum  of  One  hun- 
dred pounds  for  one  years  Service  ending  at  this  time  as  a  Gratuity 
in  consideration  of  his  faithful  discharge  of  the  great  and  impor- 
tant trust  reposed  in  him.    ^Passed  January  SO. 


CHAPTER    128. 


ORDER  IMPOWERING  A  COMMITTEE  TO  TAKE  A 
TIONS  OF  ESTATES  IN  MURRAYFIELD  AND 
MEETING. 


LIST  OF  THE   VALUA- 
NOTIFYING    A    TOWN 


liegislative 
Records  of  the 
Council, 
xxvU.,  1T2. 

House  Jour- 
nal, pp.  13-2, 141. 
Ante,  p.  123, 
chap.  20. 


The  FOLLOWING  Order  passed  on  the  Petition  of  Timothy  Paine 
and  John  Murray  Esq"  Agents  for  the  Town  of  Murrayfield  viz' 

Eead  and 

Ordered  That  Abijah  Willard  Esq',  Eldad  Taylor  Esq'  and  Cap' 
Charles  Baker  or  any  two  of  them  be  impowered  to  take  a  List 
of  Valuation  upon  Oath  of  all  the  Kateable  Estate  Real  and  per- 
sonal in  said  Murrayfield,  they  first  giving  at  least  ten  days  notice 
to  said  Inhabitants  before  they  proceed  on  said  business  by  posting 
up  a  Notification  in  said  Town,  and  when  they  have  compleated 
said  List  make  return  thereof  to  Timothy  Smith,  John  Smith  and 
Malcomb  Henry  Selectmen  chosen  in  said  Town  for  the  year  1766, 
and  upon  receipt  thereof  the  said  Selectmen  be  impowered  to  make 
out  their  AV arrant  to  some  princijjal  Inhabitant  of  said  Town  requir- 
ing him  to  notify  a  Meeting  of  said  Inhabitants  qualified  to  vote  in 
Town  affairs  to  meet  and  Assemble  in  said  Town  for  the  choice  of 
Town  Officers  for  the  ensuing  year,  and  that  the  Valuation  so  taken 
be  the-Eule  for  determining  the  qualification  of  Voters  at  said  Meet- 
ing; and  that  Simeon  Strong  Esq'  be  appointed  to  Moderate  at  said 
Meeting,  and  that  if  it  should  so  happen  that  the  said  valuation 
cannot  be  taken  in  convenient  time  for  holding  said  Meeting  in 
March  next,  that  said  Meeting  be  held  as  soon  after  as  it  conven- 
iently may  be,  and  the  transaction  of  said  Inhabitants  at  said  Meet- 
ing be  valid  to  all  intents  and  purposes  as  if  the  said  Meeting  had 
been  held  in  the  Month  of  March.     [Passed  February  1. 


CHAPTER    129. 

RESOLVE    IMPOWERING    W-^    SAWYER,  GUARDIAN,  TO    SELL    LAND   AND 
MAKING   PROVISION   IN   REGARD   TO  THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  173. 

House  Jour- 
nal, pp.  97, 100, 
131,  141. 


A  Petition  of  William  Sawyer  of  Reading  Guardian  of  Betty 
Pope  of  Danvers  a  Minor  setting  forth  That  the  said  Minors  Estate 
lyes  chiefly  in  Land  and  a  number  of  pieces  intermixed  with  other 
Lands  which  belonged  to  her  late  Father  John  Pope  deceased  by 
which  means  they  are  unfit  for  a  settlement  and  the  said  Minor 


[2d  Sess.]     Province  Laws  {Resolves,  efc.).  — 1767-68.  287 

being  now  of  years  of  discretion  is  desirous  of  having  tliem  sold : 
And  praying  that  he  may  be  impowered  to  malie  Sale  of  said  Lands 
accordingly,  the  produce  thereof  to  be  improved  at  Interest  for  the 
benefit  of  the  said  Minor. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  be  impowered  to  make  Sale  of  all  the  Lands  men- 
tioned in  the  Petition  to  the  best  advantage  for  the  said  Minor,  and 
in  his  said  capacity  execute  a  good  deed  or  deeds  of  the  same  to  the 
purchaser,  and  the  Money  arising  from  said  Sale  to  [be]  '  put  to  in- 
terest on  good  security,  such  interest,  so  far  as  shall  be  necessary,  to 
be  improved  for  said  Minors  best  advantage  during  her  minority  and 
the  principal  to  be  paid  to  her  when  she  shall  arrive  to  lawful  age 
or  at  Marriage  which  shall  first  happen,  the  Petitioner  giving  due 
caution  to  the  Judge  of  Probate  for  Middlesex  to  perform  accord- 
ingly, and  to  account  with  him  touching  his  proceedings  in  the 
Premises  when  and  so  often  as  thereunto  lawfully  required.  \^Passed 
Fehruary  1. 

CHAPTEK    130. 

RESOLVE  IMPOWERING  ELISHA  MARSH,  GUARDIAN,  TO  SELL  LAND   AND 
MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Elisha  Marsh  of  "Westminster  Guardian  to  five  of  B*^^^|"^?tu 
his  Children  Minors    setting  forth    That  the  said  Minors  with  Sarah  councu, 

his  other  daughter  who  is  of  age,  are  interested  in  six  seventh  parts  ^^^''-  "^- 

of  three  Acres  of  Land  lying  in  Hingham  and  in  common  with  the  naTpp'^m'^iio 
other  seventh  part  owned  by  Thomas  Lothrop  which  Land  is  in-  U4.'  Province' 
capable  of  a  Division  among  them:  And  Praying  that  he  maybe  chij^i".''     ' 
impowered  to  make  sale  of  the  same  for  the  benefit  of  his  said 
Children. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  Sale  of  the  Lands 
mentioned  in  this  Petition  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  deed  or  deeds  in  Law  to  the  purchaser  or 
purchasers.  He  observing  the  Rules  of  the  Law  for  the  Sale  of  Real 
Estate  by  Executors  and  Administrators,  and  giving  proper  caution 
to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  the  Money 
arising  by  said  Sale  be  put  to  interest  for  the  benefit  of  the  Heirs, 
and  to  account  for  said  principal  and  Interest,  and  pay  the  same 
to  said  Heirs  when  lawfully  required  in  proportion  to  their  interest 
in  said  Real  Estate.     \^Passed  Fehruary  2. 


CHAPTER    131. 

RESOLVE    IMPOWERING    STEPHEN    LITTLE,   GUARDIAN,   TO    SELL    LAND 
AND  MAKING   PROVISION   IN  REGARD  TO  THE   PROCEEDS. 

A  Petition  of  Stephen  Little  of  Newbury  Guardian  to  Tristram  Legislative 
Coffin  Bartlett  a  Minor  of  the  same  Town  of  the  age  of  nine  years  Set-  J^ouncff  "' ' 
ting  forth  That  the  said  Minor  is  in  right  of  his  Father  Samuel  Bart-  xxvu.,  175. 

'  Inserted  from  the  House  Journal,  p.  100. 


288 


Province  IiAws  {Resolves,  etc.) .  — 1767-68.  [Chaps,  132,  133.] 


House  Jour- 
nal, pp.  139, 144. 
Province 
Laws,  ii.,  151, 
chap.  10. 


lett  late  of  said  Newbury  deceased  intitled  to  his  dwelling  House  with 
the  Buildings  and  divers  Lands  near  and  commodiaus  thereto :  that 
he  is  also  intitled  to  a  piece  of  Land  in  said  Town  containing  about 
thirty  Acres  about  four  Miles  distant  from  the  said  dwelling  House 
with  an  old  House  and  Barn  thereon  which  together  with  the  Fences 
thereon  are  in  a  ruinous  condition,  and  that  the  said  Minors  income 
is  insufficient  for  the  Kepairs  thereof,  and  for  the  said  Minors  edu- 
cation, he  having  no  Personal  Estate  at  all.  And  praying  that  he 
may  be  impowered  to  make  Sale  of  the  said  Thirty  Acres  for  the 
benefit  of  the  said  Minor,  the  principal  Sum  to  be  secured  for  the 
said  Minor  'till  he  shall  come  of  age  and  the  interest  applied  towards 
defreying  the  expence  of  his  Education  and  of  the  Repairs  of  his 
other  Estate. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
Stephen  Little  Guardian  to  the  Minor  mentioned  in  the  Petition 
be,  and  he  hereby  is  impowered  in  his  said  capacity  to  make  Sale 
of  the  thirty  Acres  of  Lands  in  the  Town  of  Newbury  as  mentioned 
in  this  Petition  for  the  most  the  same  will  fetch,  and  make  and 
execute  a  good  deed  of  the  same  to  the  purchaser;  He  observing  the 
Rules  and  directions  of  the  Law  for  the  Sale  of  Real  Estates  by  Ex- 
ecutors and  Admin"  and  giving  proper  caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Esses  that  the  Money  arising  by  said  Sale  be 
applied  for  the  benefit  of  said  Minor  as  mentioned  in  this  petition. 
[Passed  February  2. 


CHAPTER    132. 

RESOLVE  ALLOWING    £120  TO  M"  W"   BAKER. 

Rifordfotthe       Resolved  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
councii,^  ury  to  William  Baker  Doorkeeper  to  his  Excell''  the  Governor  and 

xxYu..  ii6. ^i^jg  Court  the  Sum  of  One  hundred  and  twenty  pounds  for  his  Ser- 

nai"p!  us""^'      vice  for  one  year  to  be  paid  Quarterly.     [Passed  February  2. 


CHAPTER    138 


RESOLVE  GRANTING  1,000  ACRES  OF  EQUIVALENT  LAND  TO  SAM"-  BROWN. 


Legislative 
Records  of  the 
Council, 
xxvii.,  178. 
Mass. 
Archives, 
cxvlii.,  325. 

Mass- 
Archives, 
cxviii.,3'23. 
Legislative 
Records  of  the 
Council,  xxvi., 
72.    House 
Journal, 
pp.  127, 128, 130, 
14ti-    Province 
Laws,  xii.,  315, 
chap.  r2S. 


A  Petition  of  Samuel  Brown  of  Stockbridge  Setting  forth.  That 
some  time  before  the  year  1739  there  was  granted  to  the  jjeople  of 
Plymouth  a  Township  called  N°  7  in  the  Line  of  Towns  which  was 
afterwards  sold  to  Mess"  Hill  &  Keyes  and  called  Hillsborough.  That 
the  duty  of  settlement  enjoined  by  the  Court  being  fully  performed 
the  Petitioner  purchased  One  thousand  Acres  of  Land  in  said  Town- 
ship of  Gershom  Keyes  at  the  price  of  £500  in  1739  as  Bills  of  Credit 
then  passed  which  he  soon  after  sold  at  £550  and  Warranted  the 
same  to  the  purchaser.  That  said  Township  has  since  fallen  into 
the  Province  of  Newhampshire  and  that  said  thousand  Acres  is  in 
consequence  thereof  now  held  by  other  persons  who  utterly  refuse 
to  relinquish  the  same  to  the  great  damage  of  the  Petitioner  who 
now  stands  chargeable  with  the  Sum  he  sold  it  for  amounting  as  he 


[2d  Sess.]     Province  Laws  (iJesoZfes,  ete.).  — 1767-68.  289 

is  informed  with  the  Interest  and  difference  of  Money  to  more  than 
£2,000  of  the  old  tenor  Money.  And  praying  relief. 

Resolved  that  there  be  granted  to  the  S'*  Sam'  Brown  his  heirs  & 
assigns  One  thousand  Acres  of  the  Unappropriated  Lands  of  the 
province  lying  in  the  County  of  Hampshire  or  Berkshire  to  [be 
laid]  '  out  in  one  peice  Adjoining  to  some  former  Grant  and  that  he 
return  a  plan  thereof  In  twelve  months  for  Confirmation.  {^Passed 
February  4. 


CHAPTEK    134. 

RESOLVE   ALLOWING   £100   TO   AND^"  OLIVER,  ESQ«. 

A  Petition  of  Andrew  Oliver  Esq'  Secretary  of  this  Province   Set-  Legislative 
ting  forth,  That  for  divers  years  preceeding  the  year  1766  the  Gen-  councih" 
eral  Court  had  besides  the  usual  Grants  made  him  a  further  Grant  xxtjj.,  isi. 
upon  his  application  to  them  for  that  purpose.   And  praying  that  ^^T^^uT*^' 
they  would  again  make  him  such  extraordinary  Grant  in  cousidera-  Province " 
tion  of  the  Services  in  said  Petition  mentioned ;  and  that  they  would  ^sT^impI'isV; 
likewise  make  him  a  Grant  for  procuring  Assistance  in  the  Office  as  ^^;fl'^^^i?^' 

usual.  chap!  176;  ' 

Eead&  P^i82,chap. 

Resolved  That  the  Sum  of  One  hundred  pounds  be  allowed  and 
paid  out  of  the  public  Treasury  to  the  hon''''  Andrew  Oliver  Esq'' 
Secretary  of  this  Province  to  enable  him  to  pay  for  Assistance  in 
his  Office  for  the  year  past.      \_Passed  February  5. 


CHAPTEK    135.  ^^^ 

Council, 

ORDER  ALLOWING   £600   TO   RICH"  JACKSON,  ESQ".  Mala'.'  ^*^' 

Archives, 
xxii.,  .'i05. 


Legislative 


Orderd  that  there  be  allowd  &  paid  Out  of  the  publick  Treasury 
to  Richard  Jackson  Esq'  late  Agent  for  this  Province  the  Sum  of  Recor'dsof'the 
Six  hundred  Pounds  sterling  in  full  for  his  Services  from  January  S2"°House^''' 
2-t  1765  to  February  5  1767  and  that  the  Treasurer  be  &  hereby  is  Journal, 
directed  to  purchase  a  Bill  ^  Exchange  &  remit  the  same  to  Richard  itzbtslu^'.     ' 
Jackson  Esq'  accordingly  as  soon  as  may  be.      \^Passed  February  5. 


CHAPTEK    136. 

ORDER   ALLOWING   £600  TO   DENYS  DE   BERDT,  ESQ". 

Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  Denys  De  Berdt  Esq'  the  Sum  of  Six  hundred  pounds  Ster-  Records  of  the 
ling  in  full  for  the  Services  he  performed  for  this  Province  at  the  xxvu.,  182. 
Court  of  Great  Britain  from  Novem'  1765  to  ISTovem'  1767  and  that  Legislative 
the  Treasurer  be  and  hereby  is  directed  to  purchase  a  Bill  ^  Ex-  coSncIf  xil^^ 
change  and  remit  the  same  to  Denys  De  Berdt  Esq'  accordingly  as  *^3.  House 
soon  as  may  be.      {Passed  February  5.  'pp"nb\'i25, 135, 

143  bis,'u9.' 
'  Inserted  from  the  Legislative  Records  of  the  Council,  xxvii.,  179. 


290 


Province  Laws  {Resolves,  etc. ) .  —  1767-rt8.   [Chaps.  137-139.] 


CHAPTER    137 


RESOLVE  APPOINTING   A   HEARING   ON   THE  LAND   BANK   AFFAIRS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  1S2. 

Legislative 
Records  of  the 
Council, 
xxvii.,  16-2,  163, 
179,180.   House 
Journal, 
pp.  138, 140, 146, 
147, 149.    Prov- 
ince Laws,  iv., 
189,  chap.  30; 
919,  chap.  19. 
Ante,  p.  '219, 
chap.  2'26. 


The  House  having  taken  into  consideration  the  plea  offered  by 
Robert  Auchmuty  Esq'  to  the  Jurisdiction  of  this  Court  in  the  hear- 
ing ordered  to  be  had  before  the  whole  Court  on  Wednesday  the  27"^ 
day  of  January  last,  which  hearing  was  then  had  before  the  two 
Houses  only  (his  Excellency  having  been  jDrevented  being  present 
by  indisposition)  upon  the  Eeport  of  a  Committee  of  both  Houses 
the  last  Session  wherein  the  Committee  reported  that  a  Bill  be 
brought  in  to  Assess  the  Sum  of  Seventeen  hundred  and  forty 
pounds  7/3  with  Interest  from  Septem'  9""  17-10  on  the  late  Direc- 
tors of  the  Land  Bank  Company  as  due  to  the  Partners  of  said  Com- 
pany. The  said  Plea  having  been  duly  considered,  and  it  appearing 
that  the  Jurisdiction  of  this  Court  in  the  case  mentioned  hath  been 
already  established  by  sundry  Acts  of  this  Government  which  have 
received  the  Royal  Sanction. 

Resolved  That  this  Court  will  proceed  to  a  hearing  of  the  said 
affair  on  Tuesday  next  the  9  Instant  at  ten  O'Clock  in  the  forenoon 
upon  the  merits  of  the  case.  And  that  the  parties  concerned  may 
then  have  liberty  of  being  heard  by  themselves  or  by  Council  learned 
in  the  Law  if  they  see  cause.     ^Passed  February  6. 


CHAPTEE    138, 


ORDER  ALLOWING  A  COPY  OF  THE   PROVINCE  LAWS  TO   THE  DISTRICT 
OF   CONWAY. 


Records'of  the       Ordered  that  the  District  of  Conway  in  the  County  of  Hamp- 
councii,  shire  be  allowed  a  set  of  Province  Laws,  and  that  the  Printer  be 

-  directed  to  deliver  them  accordingly.'     [Passed  February  6. 


xxvil., 


CHAPTEE    139, 


RESOLVE  GRANTING   £183  TO   HARRISON   GRAY,  ESQ^ 


Legislative 
Records  of  the 
Council, 
xxvii.,  184. 


Mass. 

Archives,  civ., 
500.    House 
Journal, 
pp.  161, 153. 
Ante,  p.  284, 
chap.  119. 


A  Petition  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen- 
eral of  the  Province  Setting  forth  That  over  and  above  the  ordi- 
nary Services  &  duties  of  his  post,  he  hath  borrowed  the  Sum  of 
£197,000  and  issued  Government  Securities  for  the  same  payable 
in  June  1768.  That  he  hath  likewise  paid  the  bounty  on  Wheat  and 
Flour  to  the  amount  of  £1,578.11.3.  And  with  gratitude  acknowl- 
edging the  Grant  made  him  for  his  common  services,  and  praying 
a  further  allowance. 

[Read  and] 

Resolved,  that  the  Sum  of  One  hundred  &  Eighty  three  pounds, 
be  granted  &  paid  out  of  the  Publick  Treasury  to  the  Petitioner  in 
full  Consideration  of  the  Extraords"  services  mention'd  in  y'  Peti- 
tion.    [Passed  February  8. 

*  Not  found  in  the  House  JournaL 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  291 


CHAPTEK    140. 

RESOLVE  THANKING  THE  COMMISSARIES  ON  NEW  YORK  LINE  AND 
DIRECTING  THAT  A  COPY  OF  THE  PROCEEDINGS  BE  DELIVERED  TO 
EACH  MEMBER  OF  THE  COURT,  &c. 

Resolved  that  the  thanks  of  this  Court  be,  &  they  hereby  are  given  Legislative 
to  the  Commissaries,  on  the  part  of  this  Government,  appointed  to  couneii!""^^ 
settle  the  boundary  line,  with  New  York,  for  their  faithful  discharge  "^^^l''  ^^°- 
of  their  trust;  and  it  is  Archives, iv., 

Ordered  that  the  Journal  of  the  Proceedings  at  the  Conference  ?!!^ 

be  printed  &  that  a  Copy  be  delivered  to  each  Member  of  the  Court  ^aT^"  "'I'^s^'iKg 
&  also  a  Copy  for  the  use  of  each  town  in  the  Province  And  Ante,  p.  an, 

that  the  printing  of  the  same  be  under  the  Inspection  &  Correction  p^279,l!bap. 
of  the  said  Commissaries.     {^Passed  February  10.  los- 


CHAPTEK    141. 

RESOLVE  APPOINTING  A  FURTHER  HEARING  ON  THE   AFFAIRS  OF  THE 
LAND   BANK. 

At  the  hearing  yesterday  on  the  Land  Bank  Affair  M'  Auch-  R®^'jj"''(tv, 
muty  in  behalf  of  the  Directors  having  declared  that  the  Committee  council, 
of  the  General  Court'in  1751  Setled  all  Accounts  between  the  late  Mal".'^'^' 
Directors  &  Partners  of  said  Bank,  And  that  the  balances  reported  Arcinvea,  civ., 

by  S"*  Com"'^  as  then  due  from  Said  Directors  if  paid  must  indem-    "  '       . 

nify  Said  Directors  against  all  future  demands  upon  them  on  Ac-  Eecords'of  the 
count  of  Said  Bank :  and  having  Signified  that  he  Should  postpone  xxvu^'iss. 
what  he  had  further  to  offer  on  Said  Affair  till  the  General  Court  House'jour. 
Should  determine   whether  the  Settlement  aforesaid  ought  to  be  province  ' 
deemed  a  full  Settlement  of  all  Accounts  between  S''  Directors  &  ^hap!'23;'x^vV, 
Partners  52i,  chap.'285'.' 

Resolved  that  this  Court  will  hear  the  whole  of  what  the  Directors  chap'.  137.  ' 
aforesaid  have  further  to  offer  on  the  report  of  a  Committee  now 
under  consideration  of  this  Court  relative  to  said  Bank  before  they 
proceed  to  any  determination  thereon  and  that  the  fiirther  hearing 
be  had  on  Friday  next  at  ten  o'Clock  before  noon.  And  in  Order 
that  this  Court  may  have  as  full  and  clear  an  idea  as  may  be  of 
what  is  fit  to  be  done  further  in  that  affair,  the  said  Com'^"  are 
hereby  desired  to  attend  at  the  same  time,  and  declare  the  reasons 
on  which  they  have  founded  the  Several  parts  of  their  report,  in 
order  that  the  said  Directors  and  all  concerned  may  have  an  oppor- 
tunity to  make  Such  observations  on  Said  report  and  the  reasons 
that  may  be  offer'd  in  justification  of  it,  as  they,  or  any  of  them  or 
any  person  or  persons  in  their  behalf  shall  think  proper.  \^Passed 
February  10. 


292 


Province  IjA^ks  {Resolves,  etc.) .  — 1767-68.  [Chaps.  142-144.] 


CHAPTEE    142, 


RESOLVE   ALLOWING   £6   TO  T.   WOODBRIDGE. 


Legislative 
Eecords  of  the 
Council, 

xxvii.,  1S6. 

HouBe  Jour- 
nal, p.  241 
(Februarv, 
1766);  p.  "356 
(March,  1767) ; 
pp.  155, 156. 


A  Petition  of  Timothy  Woodbridge  Esq'  Praying  an  allowance 
for  eleven  days  time  &  expences  viewing  and  apprizing  by  order  of 
this  Court  three  several  Tracts  of  Province  Land  upon  which  divers 
persons  had  seated  themselves,  for  which  he  hath  as  yet  received 
no  recompence. 

[Read  and] 

Resolved  That  the  Sum  of  Six  pounds  be  allowed  &  paid  out  of 
the  public  Treasury  to  the  Petitioner  in  full  for  his  Services  men- 
tioned in  the  Petition.     \^Passed  February  10. 


CHAPTEE    143, 


RESOLVE  ALLOWING   £2.  10  TO   JN"  CHADWICK. 


Legislative 
Records  of  the 
CouncU, 


House  Jour- 
nal, p.  165. 
Supra^ chap. 


A  Petition  of  John  Chadwick  Esq'  setting  forth,  That  he  was 
employed  with  Timothy  Woodbridge  Esq'  to  view  and  Apprize  two 
several  Tracts  of  Province  Land  upon  which  divers  persons  had 
seated  themselves,  in  which  Service  he  spent  five  days.  And  pray- 
ing an  allowance  for  his  time  and  expences. 

JRead,  and 

Ordered  That  the  Sum  of  Two  pounds,  ten  shillings  be  allowed 
and  paid  out  of  the  public  Treasury  to  the  Petitioner  in  full  for  the 
Services  mentioned  in  the  Petition.     [Passed  February  10. 


CHAPTEE    144. 


RESOLVE   ALLOWING   £12  TO   JN"  COX. 


Legislative 
Records  of  the 
CouDcil, 
xxTli.,  187. 


Mass. 
Archives, 
Ixvi.,  404. 
House  Jour- 
nal, pp.  118, 153. 


A  Petition  of  John  Cox  of  Falmouth  Setting  forth  That  in  the 
year  1758  Col"  Waldo  impressed  his  Sloop  called  the  Ranger  to  carry 
about  140  men  for  the  Relief  of  S'  Georges  Fort  when  attacked  by 
the  Indians,  in  which  service  He  with  five  people  together  with  said 
Sloop  were  employed  six  days,  for  which  he  hath  as  yet  received  no 
recompence.  And  praying  an  allowance. 

[Read  and] 

Resolvd  that  the  Sum  of  Twelve  Pounds  be  allowd  &  paid  out 
of  the  publick  Treasury  to  the  Petitioner  in  full  of  the  Services 
within  mentiond.     [Passed  February  10. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  293 


CHAPTER    145. 

RESOLVE    IMPOWERING    SYBIL    PRATT,   ADM'',   TO    SELL    REAL    ESTATE 
AND  MAKING  PROVISION   IN   REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Sybbel  Pratt  Widow  of  Oliver  Pratt  late  of  New-  Legislative 
ton  deceased  Admin'  of  his  Estate  and  Guardian  of  their  three  Chil-  counci?"'"^* 
dren  Minors  aJl  under  the  age  of  five  years    Setting  forth,  That  the  xxtji..  iss. 
deceaseds  Personal  Estate  is  insufficient  by  the  Sum  of  One  hundred  House  Jour, 
pounds  to  pay  his  just  debts.  That  he  died  seized  of  about  twenty  m'hif,'m,\6i- 
seven  Acres  of  Land  lying  partly  in  Newton  and  partly  in  Need-  La"^'"'!*'  151 
ham  with  part  of  a  dwelling  House,   Barn,   Stable  Potters  Shop,  chap.  10." 
Kiln  House,  Clay  Mill,  one  half  of  a  Forge  and  Blacksmiths  Shop 
standing  thereon,  and  one  quarter  part  of  a  Grist  Mill.  That  it 
is  apprehended  that  it  would  greatly  prejudice,  if  not  spoil  the 
whole  to  sell  of  so  much  only  as  would  suffice  to  pay  the  debts.  And 
praying  that  she  may  be  impowered  to  dispose  of  the  whole  Interest, 
the  quarter  part  of  the  Grist  Mill  excepted  for  the  payment  of  the 
debts  aforesaid,  the  remainder  to  be  put  on  Interest  for  the  benefit 
of  those  concerned  therein. 

[Eead  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  deceaseds 
Eeal  Estate  as  mentioned  in  this  Petition  for  the  most  the  same 
will  fetch  (excepting  one  quarter  part  of  a  Grist  Mill)  which  is  to 
be  reserved  with  so  much  of  the  Interest  of  the  Money  arising  by 
the  Sale  abovesaid  as  to  be  equal  to  one  third  part  of  said  deceaseds 
Eeal  Estate  which  is  to  be  for  the  use  and  benefit  of  the  said  Widow 
during  her  natural  life,  and  to  make  and  execute  a  good  deed  or 
deeds  in  Law  to  the  purchaser  or  purchasers.  She  observing  the 
Eules  and  directions  of  the  Law  for  the  Sale  of  Eeal  Estates  by 
Executors  and  Admin",  and  giving  proper  caution  to  the  Judge  of 
Probate  for  the  County  of  Middlesex  that  the  Monies  arising  by  such 
Sale  be  applied  for  the  payment  of  said  deceaseds  just  debts  and 
charge  of  Sale,  and  the  overplus  to  be  put  at  Interest  for  the  ben- 
efit of  the  Heirs;  she  to  account  for  the  principal  and  Interest  of 
said  Overplus,  and  pay  the  same  to  the  said  Heirs  when  lawfully 
required  in  proportion  to  their  respective  Interests.  [Passed  Feb- 
ruary 11. 


CHAPTER    146. 

ORDER  OF  NOTICE   WITH   STAY  OF   EXECUTION   ON    THE    PETITION    OF 
NATHi-  SEARS  FOR  A    REHEARING    OF  A  CASE. 

A  Petition  of  Nathaniel  Sears  of  Eochester     Setting  forth.  That  Legislative 
in  February  last  he  bought  of  one  Francis  Nurse  of  New  Eutland  a  cSSncff,  "* """ 
Waggon  for  which  he  was  to  give  him  forty  shillings;  that  after  he  xxvii.,  189. 
had  repaired  it  Timothy  Nurse  Father  of  the  said  Francis  took  the  House  Jour- 
Waggon  from  the  Petitioner  on  pretence  of  his  said  Son's  being  a      •  P'     " 
Minor,  whereupon  the  Petitioner  brought  an  Action  of  Trespass 
against  him  before  one  of  his  Majesty's  Justices  of  the  peace  and 
recovered  damages  and  costs  against  the  said  Timothy  who  Appealed 
from  said  Judgment  to  the  Inferior  Court  of  Common  pleas  for  the 


294 


Province  Laws  (i?6soZws,  ete.).  — 1767-68.  [Chaps.  147-149.] 


County  of  Worcester,  which  Action  was  continued  to  January,  but 
the  Petitioner  imagining  that  the  Court  was  to  be  held  in  February 
was  called  out.  And  praying  liberty  of  a  Rehearing  of  the  said  Case. 

[Read  and] 

Ordered  that  the  Petitioner  notify  the  adverse  party  to  shew  cause 
on  Tuesday  the  23"*  Instant,  if  this  Court  shall  then  be  sitting,  or 
otherwise  on  the  first  Tuesday  of  the  next  May  Session  why  the 
prayer  of  this  Petition  should  not  be  granted,  and  tha,t  Execution 
be  stayed  in  the  mean  time,  the  Petitioner  giving  caution  to  the 
Sheriff  of  the  County  of  Suiiolk  for  the  payment  of  such  Sum  as 
shall  be  finally  adjudged  for  him  to  pay.      [Passed  February  11. 


L^fJfro7the  CHAPTER    147. 

Council, 

xxvli.,  190. 

Ma88.  ORDER  SUBSTITUTING  MR.  DANIELSON  FOR  COL"  PATRIDGE    ON    THE 

Archives,  Ux.,  COMMITTEE   ON   POTASH. 

Records 'onhe  Orderd  that  M'  Danielson  be  of  the  Committee  to  consider  of  the 
67°r24'i86f204,'  ^^^*  method  for  preventing  the  Adulteration  of  Potash  &  to  preserve 
276,356,443,446,  that  manufacture  in  the  Province  in  the  Room  of  Coll  Partridge  who 

467,  496.    House    ■         \.  ,    t        r  r,  i    t-\  t.  i  i 

Journal,  p.  36.    IS  absent.       \_Fassed  February  11. 


CHAPTER    148. 


Legislative 
Records  of  the 
Council, 
xxvli.,  190. 

House  Jour- 
nal, p.  140. 


ORDER  ALLOWING  A  COPY  OF  THE  PROVINCE   LAWS  TO  THE  DISTRICT 
OF    HUBBARDSTON. 

Ordered  That  the  District  of  Hubbardston  be  allowed  a  set  of  the 
Province  Laws  at  the  Public  expence,  and  that  the  Printers  be  directed 
to  deliver  the  same  accordingly.     [Passed  February  11. 


CHAPTER    149. 

RESOLVE    DIRECTING    THE    PROV.    TREAS*    TO    GIVE    BOND    FOR    THE 
FAITHFUL  DISCHARGE   OF   HIS  DUTIES. 


Legislative 
Records  of  the 
Council, 
xxvli.,  190. 

House  Jour- 
nal, pp.  157, 158. 
Infra,  chap. 
150. 


In  the  House  of  Representatives. 
Resolved  That  no  person  who  shall  be  chosen  by  this  Court  into 
the  Office  of  Treasurer  and  Receiver  General  for  this  Province  for 
the  present  year  shall  be  esteemed  duly  qualified  to  enter  upon  the 
execution  of  that  Office  until  iie  shall  first  have  an  Oath  administred 
to  him  for  his  faithful  performance  of  his  said  Office,  and  shall  give 
Bond  with  sufficient  sureties  to  the  acceptance  of  a  Committee  ap- 
pointed by  this  Court  for  that  purpose  in  the  Sum.  of  Thirty  thou- 
sand pounds  lawful  money  to  the  three  eldest  Councellors  in  the 
Province  for  the  time  being  who  are  hereby  appointed  a  Committee 
in  behalf  of  the  Province  and  especially  Authorized  for  this  pur- 

*  This  order  is  not  signed  in  the  Secretary  s  copy  of  Legislative  Records  of  the  Coun- 
cil, xxvii.,  190,  or  in  the  Mass.  Archives,  lix.,  .554,  but  in  the  State  Library  copy,  xxvii., 
195,  we  have  the  following,  viz.,  "  Consented  to  by  the  Governor." 

This  substitution  not  found  in  the  House  Journal. 


[2d  Sess.]     Province  Liavis  (Iiesolves,etc.).  — 1767-68.  295 

pose;  which  Bond  shall  be  conditioned  for  such  Treasurers  truly  & 
faithfully  discharging  the  duty  of  his  Office  according  to  Law,  and 
for  his  rendering  au  Account  when  and  so  often  as  he  shall  be  re- 
quired by  the  General  Court,  of  all  such  Sum  or  Sums  of  Money 
as  he  shall  from  time  to  time  receive  into  the  Treasury  and  for  his 
well  and  truly  paying  to  his  Successor  in  said  Office  or  to  any  other 
person  that  may  be  appointed  by  the  General  Court  to  receive  the 
same,  all  such  Sum  or  Sums  of  Money  as  upon  such  settlement  of 
his  said  Accounts  or  otherwise  shall  be  found  due  and  payable  from 
him  to  the  Province;  provided  that  the  said  Bond  be  put  in  suit 
within  three  years  next  after  the  date  hereof,  otherwise  to  be  void 
and  of  no  effect.  And  that  Col"  Williams  and  M"'  Hall  with  such  as 
the  hon"'"  Board  shall  join  be  a  Committee  to  judge  of  the  sufficiency 
of  such  as  may  offer  to  become  Sureties  for  the  Treasurer  as  afore- 
said. 

In  Council,  Eead  and  Concurred,  and  James  Bowdoin  Esq'  is 
joined  in  the  affair.     [Passed  February  11. 


CHAPTER    150. 

VOTE   CHOSING   HARRISON  GRAY  PROVINCE   TREASURER.  Legislative 

Records  of  the 
Council, 

Pursuant  to  the  Agreejient  of  the  two  Houses  they  proceeded  xxvu..  192. 
to  the  choice  of  Civil  Officers  for  the  present  year,  and  first  of  a  House  Jour- 
Treasurer  and  Receiver  General  for  the  Province,  when  Harrison  stpra/cimp. 
Gray  Esq'  was  chosen  by  a  major  vote  of  the  Council  and  House  i*9- 
of  Representatives.     [Passed  February  11. 


CHAPTER    151. 

VOTE   CHOSING  THOMAS   HUBBARD   COMMISSARY  GENERAL 

Pursuant  to  Agreement  of  the  two  Houses  they  proceeded  to  Legislative 
the  choice  of  Civil  Officers  for  the  present  year,  when  Thomas  Hub-  ^Ij^nt^f,*"'"* 
bard  Esq'  was  chosen  the  Officer  for  purchasing  Provisions  &c  for  xxyU.,  192. 
the  several  Forts  and  Garrisons  by  a  major  part  of  the  votes  of  the  House  Jour- 
Council  and  House  of  Representatives.      [Passed  February  11.  °a.p- 


CHAPTER    152. 

VOTE   CHOSING   JAMES   RUSSELL  IMPOST  OFFICER. 

Pursuant  to  Agreement  the  two  Houses  proceeded  to  the  Legislative 
choice  of  Civil  Officers  for  the  present  year  when  James  Russell  coSnc'i?, °' ""^ 
Esq'  was  chosen  Commissioner  of  Impost  by  a  major  part  of  the  xxvii.,  192. 
Council  and  House  of  Representatives.     [Passed  February  11.  House  Jour- 


296 


Province  Laws (i?eso/ves,  etc.).  — 1767-68.  [Chaps.  153-155.] 


CHAPTEE    153, 


VOTE    CHOSING    THOMAS    GOLDTHWAIT    TRUCK     MASTER     AT     FORT 
POWNAL. 


Legislative 
Records  of  the 
Council, 
xxvii.,  Iii2. 

House  Jour- 
nal, p.  15y. 


The  two  Houses  according  to  Agreement  iDroeeeded  to  the  choice 
of  Civil  Officers  for  the  present  year  when  Thomas  Goldthwait  Esq' 
was  chosen  Truckmaster  for  Fort  Pownall  by  a  major  vote  of  the 
Council  and  House  of  Representatives.      \^Passed  February  11. 


CHAPTEK    154. 


Legislative 
Records  of  the 
Council, 
xxvii.,  19,3. 


VOTE   CHOOSING   PUBLIC  NOTARIES. 

The  TWO  Houses  according  to  Agreement  proceeded  to  the  choice 
of  Civil  Officers  for  the  present  year  when  the  undermentioned  per- 
sons were  chosen  public  Notaries  by  a  major  Vote  of  the  Council 
&  House  of  Eepresentatives. 

„_.,,„.,     „^,T,.  f  Ezek'  Goldthwait  Esq' 

Suffolk  For  the  Port  of  Boston         .         .         .         •  j  Henry  AUine  jun' 

C  Salem John  Nutting  Esq' 

I  Ipswich M'  Samuel  Sawyer 

Essex  .j  Marblehead John  Chipman  Esq' 

I  Newbury William  Atkins  Esq' 

\  Glocester Daniel  Witham  Esq' 

Middlesex     Charlestown M'  Nath'  Gorham 

Plymouth      Plymouth M'  Edwii  Winslow  jun' 

■n         .  VI     f  Barnstable Solomon  Otis  Esq' 

Barnstable  j  Falmouth Thomas  Smith  Esq' 

_  .  .   ,  f  Thomas  Gilbert  Esq' 

^■^'='01 1  Elisha  Tobey  Esq' 

Dukes  County  Edgartown M'  John  Pease  jun' 

Nantucket Obed  Hussey  Esq' 

C  York Daniel  Moulton  Esq' 

York  \  Kittery Charles  Chauncey  Esq' 

I  Wells Jn°  Wheelwright  Esq' 

Cumberland  Falmouth Stephen  Longfellow  Esq' 

Lincoln M'  Tho»  Moulton 


[Passed  February  11. 


CHAPTEE    155. 


Legislative 
Records  of  the 
Council, 
xxvii.,  194. 
Mass. 

Archives,  civ., 
525. 

Legislative 
Records  of  the 
Council,  xxvi., 
497.    House 
Journal,  p.  163. 
^n<e,  p.'291, 
Chap.  141. 


ORDER  DIRECTING   THE   COMMITTEE   ON   THE  LAND  BANK  AFFAIRS  TO 
MAKE  THEIR  REPORT  IN   WRITING. 

Ordered  That  the  Committee  last  appointed  to  adjust  the  Affairs 
of  the  late  Land  Bank  Company  be  directed  to  reduce  to  writing 
the  Facts  and  reasons  upon  which  they  framed  their  Report  now 
under  consideration  of  the  court,  and  set  forth  the  Evidence  upon 
which  they  proceeded ;  and  that  they  serve  Robert  Auchmuty  Esqr 
who  appears  in  behalf  of  the  late  Directors  with  a  copy  of  the  same 
as  soon  as  may  be ;  who  is  also  directed  to  reduce  to  Writing  his 
Answer  thereto ;  and  that  both  be  laid  before  this  Court  on  Friday 
the  IQ^""  Instant  for  their  consideration.     {Passed  February  12. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1767-68.  297 


CHAPTEK    156. 

RESOLVE  IMPOWERING  NICH"  BAYLIES,  ADM",  TO   SELL    REAL    ESTATE 
AND   MAKING  PROVISION  IN   REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Nicholas  Baylies  Admin"'  of  the  Estate  of  Cap'  Legislative 
William  Austin  late  of  Taunton  deceased     Setting  forth     That  the  coSnc'if,'"^  '"^ 
deceaseds  debts  amount  to  £349.1. 01/^ more  than  his  Personal  Estate;  xxvii.,  i94. 
and  that  the  said  deceaseds  Estate  is  represented  Insolvent,  but  that  House  Jour- 

ii       /->  •      •  •     i     1  i  ■,  1       /-,!■,      T  1    nal,  pp.  140, 160 

the  Lommissioners  appointed  to  examine  the  Claims  had  not  reported  Province 
in  season  for  the  Superior  Court  to  take  cognizance  thereof.  And  JiTa^^io.'' ^^^' 
Praying  that  this  Court  would  impower  him  to  make  Sale  of  the 
deceaseds  Keal  Estate,  excepting  the  Widows  Dower  or  thirds  in 
the  same  that  the  Creditors  who  may  be  prejudiced  by  a  delay  may 
be  paid  their  respective  dividends. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  in  said  capacity  be  and  hereby  is  impowered  to  make  Sale 
of  the  Lands  mentioned  in  the  Petition,  reserving  to  the  Widow  as 
within  expressed,  and  make  a  good  deed  or  deeds  thereof  to  the 
purchaser  or  purchasers  of  the  same  He  observing  the  directions  of 
the  Law  in  selling  Real  Estates  by  Exec"  &  Admin",  and  that  he 
give  caution  to  the  Judge  of  Probate  of  Wills  &c  for  the  County 
of  Bristol  that  he  will  apply  the  monies  arising  from  said  Sale  to 
the  payment  of  the  deceaseds  Just  debts.     [^Passed  February  12. 


CHAPTER    157. 

RESOLVE  IMPOWERING  SUSANNAH  HARTSHORN,  ADM'',  TO  CONFIRM 
FORMER  SALE  OF  REAL  ESTATE  AND  EXECUTE  A  DEED  THEREFOR 
AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Susanna  Hartshorn  of  Reading  Admin^  of  the  Legislative 
Estate  of  her  late  husband  Thomas  Hartshorn  of  said  Reading  de-  ^g^^ljf  "'  "^^ 
ceased     Setting  forth  That  her  said  husband  did  in  his  life  time  xxvii.,  195. 
bargain  and  sell  unto  Andrew  Beard  of  said  Reading  one  fourth  House  Jour- 
part  of  a  dwelling  House  and  about  twenty  one  Acres  of  Land  ad-  province'^' ^^'^' 
joining,  about  three  Acres  of  Land  lying  at  some  distance,  and  about  Laws,  11.,  151, 
an  Acre  and  three  quarters  of  meadow,  for  which  the  said  Andrew  '^  "'"' 
had  paid  a  part  of  the  money  agreed  for;  but  that  her  Husband 
dying  suddenly  the  deed  was  not  given.  And  praying  that  she  may 
be  impowered  to  execute  a  Deed  of  the  Premises  as  had  been  agreed 
between  the  said  Parties. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  in  her  said  capacity  be  and  hereby  is  impowered  to  con- 
firm the  bargain  and  Sale  of  the  Lands  and  the  fourth  part  of  the 
dwelling  house  within  mentioned  by  her  late  husband  and  execute 
a  good  deed  thereof  unto  the  said  Andrew  Beard ;  she  giving  caution 
to  the  Judge  of  Probate  of  Wills  &c  for  the  County  of  Middlesex  that 
the  remainder  of  the  Money  arising  from  said  bargain  and  Sale  besides 
what  was  received  by  her  said  Husband  shall  be  distributed  among 
the  Heirs  according  to  the  rules  and  directions  of  the  Law  for  dis- 
posing of  Personal  Estate  Intestate.     [Passed  February  12. 


298 


Province  Laws  {Resolves,  etc.).  — 1767-68.  [Chaps.  158-160.] 


CHAPTER    158, 


Legislative 
Records  of  the 
Council, 
xxvii.,  196. 

House  Jour- 
nal, pp.  116, 167. 
Province 
Laws,  11.,  151, 
chap.  10. 


RESOLVE   IMPOWERING  DAV"  DAMAN,  GUARDIAN,  TO   SELL    LAND    AND 
MAKING  PROVISIONS   IN   REGARD  TO  THE   PROCEEDS. 

A  Petition  of  David  Daman  Guardian  to  Mehitabel  Taylor  of 
Eeading  a  person  Non  compos  mentis  Setting  forth,  That  the  said 
Mehitabel  is  seized  of  eleven  Acres  of  Woodland  in  right  of  her 
Father  Thomas  Taylor  deceased,  which  Land  afEords  no  Income  to 
the  said  Noncompos,  who  is  able  to  do  very  little  towards  her  own 
support.  And  praying  that  he  may  be  impowered  to  make  sale  of 
the  said  Land  for  the  benefit  of  the  said  Mehitabel. 

[Eead  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  the 
Petitioner  in  said  capacity  be  and  hereby  is  impowered  to  make 
Sale  of  the  Land  within  mentioned  and  execute  a  good  deed  or 
deeds  thereof  to  the  purchaser  or  purchasers  of  the  same.  He  ob- 
serving the  rules  of  the  Law  for  selling  Ileal  Estates  by  Executors 
and  Admin'%  and  giving  caution  to  the  Judge  of  Probate  of  Wills 
&c  for  the  County  of  Middlesex  that  the  monies  arising  by  said  Sale 
shall  be  improved  in  the  best  manner  for  the  use  and  benefit  of  the 
said  Mehitabel.     {^Passed  February  12. 


CHAPTER    159. 


Legislative 
Records  of  the 
Council, 
xxvii.,  196. 


RESOLVE   GRANTING  TO   ROBT  ORR  LICENCE  TO    SELL    STRONG    DRINK. 

A  Petition  of  Robert  Orr  of  Dighton  setting  forth.  That  he  was 
occasionally  out  of  the  Province  at  the  time  for  granting  Licenses 
to  Retailers  And  Praying  that  the  next  Court  of  General  Sessions 
of  the  peace  for  the  County  of  Bristol  may  be  impowered  to  grant 
him  a  License  for  the  retailing  Spirituous  Liquors,  he  having  been 
already  approbated  by  the  Selectmen  of  said  Town  for  that  purpose. 

[Read  and] 

Resolved  That  the  prayer  of  the  within  Petition  be  so  far  granted 
that  the  Court  of  General  Sessions  of  the  peace  to  be  holden  at 
Taunton  in  and  for  the  County  of  Bristol  on  the  second  Tuesday 
of  May  next,  be  and  hereby  are  impowered  to  grant  Licenses  to 
the  within  named  Petitioner,  He  obtaining  the  Approbation  of  the 
Selectmen  of  the  Town  of  Dighton  for  that  purpose,  the  time  for 
granting  Licenses  being  elapsed  notwithstanding.  {^Passed  Feb- 
ruary 12. 


CHAPTER    160, 


RESOLVE   IMPOWERING    JOS.   BUFFUM,  ADM*,  TO   SELL    REAL    ESTATE 
AND  MAKING   PROVISION  IN  REGARD   TO   THE  PROCEEDS. 

Legislative  A  PETITION  of  Joseph  Buffum  Admin'  of  the  Estate  of  James 

CoS^ctr*'"^  BufEum  late  of  Salem  Hatter  dec''  Setting  forth     That  the  said 

xxvii.,  197.  James  died  without  Wife  or  issue,  that  a  considerable  part  of  his 

House  Jour.^^  Estate  consists  of  Buildings  which  are  constantly  going  to  decay, 


[2d  Sess.]     Province  IjAyrs  {Resolves,  etc.).  — 1767-68.  299 

the  income  whereof  is  not  equal  to  the  Interest  of  the  Money  due  ie2.   Province 
from  said  Estate,  whereby  the  only  ground  of  hope  that  there  will  Jlfa^aoi'  ^^'' 
be  any  thing  left  for  the  Heirs  is  in  the  speedy  Sale  of  the  Real 
Estate.  And  Praying  that  he  may  be  impowered  to  sell  the  same 
accordingly. 

[Read  and] 

Resolved  That  the  prayer  of  the  within  Petition  be  granted,  and 
the  Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  whole 
of  the  Real  Estate  within  mentioned  for  the  most  the  same  will  sell 
for,  and  to  make  and  execute  a  good  deed  thereof,  he  observing  the 
rules  of  the  Law  for  the  Sale  of  Real  Estates  by  Executors  and  Ad- 
min" and  giving  sufficient  security  to  the  Judge  of  Probate  for  the 
County  of  Essex  that  the  proceeds  of  said  Sale  be  applied  for  the 
payment  of  the  deceaseds  just  debts,  and  the  overplus  if  any  there 
be,  secured  for  the  benefit  of  the  Heirs  of  said  deceased.  \^Passed 
February  12. 


CHAPTER    161. 

ORDER  IMPOWERING  SHARP  FREEBORN  AND  ESTHER  HIS  WIFE, 
INDIANS,  TO  SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO 
THE  PROCEEDS. 

A  Petition  of  Sharp  Freeborn  of  Paxton  &  Esther  his  Wife  Legislative 
daughter  of  Peter  Lawrence  late  of  Grafton  Indian   Planter  de-  g^;j?,^(;|f, "*  ""^ 
ceased     Setting  forth     That  at  the  last  Session  of  this  Court  he  xxvii.,  198. 
obtained  leave  to  sell  her  part  of  her  said  Fathers  Estate  of  the  House  Jour- 
value  of  about  £40  in  order  to  discharge  a  Mortgage  on  his  own  Js^'ii'^'iei'.''*' 
Estate  to  the  amount  of  the  like  Sum,  which  leave  was  granted  oh'ap'33'^'' 
upon  condition  he  should  execute  a  Deed  of  Release  of  his  own 
Estate  for  the  benefit  of  the  said  Esther  and  her  Heirs :  but  inas- 
much as  his  said  Estate  is  of  double  the  value  of  the  said  Esther's 
Lands,  Praying  that  he  may  be  impowered  to  sell  the  same  upon 
his  securing  to  her  and  her  Heirs  an  equivalent  in  his  own  Estate. 

Read  & 

Ordered  That  the  prayer  of  this  Petition  be  granted,  and  the  said 
Sharp  and  Esther  are  hereby  impowered  by  and  with  the  consent  and 
under  the  direction  of  the  Guardians  of  the  Hassanamisco  Indians 
to  sell  the  aforementioned  twenty  two  Acres  of  Land  the  said 
Esthers  third  or  share  in  her  Father's  Estate  for  the  most  the  same 
will  fetch,  and  make  and  execute  a  good  and  sufficient  Deed  or 
deeds  thereof.  Always  provided  the  proceeds  thereof  shall  be  ap- 
plied to  the  discharging  of  the  Mortgage  mentioned  in  this  Peti- 
tion, and  the  Overplus,  if  any  be,  shall  be  '  remain  in  the  hands  of 
the  s"  Guardians  for  the  benefit  of  the  said  Sharp  and  Esther.  Pro- 
vided also  that  when  the  said  Mortgage  shall  be  discharged,  the  said 
Sharp  shall  and  he  hereby  is  impowered  to  execute  a  deed  of  Release 
to  the  said  Guardians  of  so  much  of  the  Lands  whereon  he  now 
dwells  in  Paxton  in  trust  for  the  benefit  of  said  Esther  and  the 
Heirs  of  the  s"*  Esther  after  the  decease  of  the  said  Sharp  as  the 
Guardians  aforesaid  shall  judge  to  be  of  equal  value  to  the  said 
Esther's  share  in  her  Father's  Estate.     [Passed  February  12. 


300 


Province  Laws  {Resolves,  etc.).  — 1767-68.  [Chaps.  162-164.] 


CHAPTEK    162 


ORDER  APPOINTING  A   COMMITTEE  TO   EXAMINE    TITLE    TO   LANDS    IN 
WORCESTER  COUNTY. 


Legislative 
Becords  of  the 
Council, 
xxTli.,  ifli. 

House  Jour- 
nal, p.  41 
(1766-67) ; 
pp.  112, 126, 152, 


A  Petition  of  Benjamin  Davis  living  near  Oxford  in  the  County 
of  Worcester  Setting  forth  That  there  are  several  hundred  Acres 
of  Province  Land  as  he  apjireheuds  lying  between  Douglass  and 
Dudley  and  near  to  Oxford;  that  although  said  Land  hath  never 
been  granted  away,  yet  divers  persons  have  laid  claim  to  it.  And 
Praying  that  he  may  be  allowed  to  purchase  the  s"*  Land,  or  if  the 
Government  should  not  choose  to  maintain  a  dispute  about  it,  that 
they  would  quit  claim  to  him  their  Title  upon  such  terms  as  they 
shall  judge  reasonable. 

In  Council,  Read  and 

Ordered  That  Timothy  Paine  Esq'  with  such  as  the  hon*"'^  House 
shall  join  be  a  Committee  to  treat  with  the  Persons  who  under  colour 
of  a  title  from  this  Government  have  entered  into  possession  of  the 
Lands  mentioned  in  this  Petition  and  to  release  and  quit  Claim  the 
same  to  them  upon  such  considerations  as  the  said  Committee  shall 
judge  reasonable. 

In  the  House  of  Eepresentatives,  Read  and  Concurred  and  Cap' 
Brown  &  Cap'  King  are  joined.      \^Passed  Feiruary  13. 


CHAPTEE    163, 


RESOLVE  FOR  AN   ADDITIONAL  ESTABLISHMENT   FOR  FORT  POWNAL. 


Legislative 
Records  of  the 
Council, 
xxvii.,  204. 
Mass. 

Archives,  ex., 
320. 

Legislative 
Records  of  the 
Council, 
xxvii.,  144. 
House  Jour- 
nal, pp.  120, 149. 


In  the  House  of  Representa''" 

The  House  taking  under  consideration  his  Excel''  Message  of  the 
19'"  Jan''  with  respect  to  Fort  Pownal 

Resolved  that  there  be  a  further  Establishment  of  Eight  privates 
for  the  defence  of  Said  Fort  at  the  rate  of  one  pound  four  ShilP 
^  month,  and  also  for  one  Chaplain  at  the  rate  of  four  pounds  ^^ 
Month,  ending  the  20""  of  June  Next. 

In  Council  Read  &  Concurred.      \^Passed  February  15. 


CHAPTEK    164. 


Legislative 
Records  of  the 
Council, 
xxvii.,  207. 


ORDER  ALLOWING  A  COPY  OF  THE  PROVINCE  LAWS   TO  PIGWACKET. 

Ordered  that  the  Proprietors  of  a  Place  called  Pigwacket  be 
allowed  a  set  of  the  Province  Laws,  and  that  the  Printers  be 
directed  to  deliver  the  same.     [Passed  February  16. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  301 

CHAPTEK    165. 

ORDER  ALLOWING  THE    ACCOUNT   OF   JOSIAH   EDSON,  GUARDIAN. 

JosiAH  Edson  Esq"  one  of  the  Guardians  of  the  Indians  in  the  Legislative 
County  of  Plymouth  presented  an  Account  of  the  Sale  of  one  third  cuuncif,  "*  "^^ 
part  of  a  twenty  Acre  Lot  of  Land  in  Bridgwater  lately  belonging  xxvu., 'ios. 
to  Deborah  Brand  deceased  for  the  payment  of  debts  by  order  of  Archives, 
this  Court;  whereupon  the  following  Order  passed  viz'  xxxm., iw. 

Orderd  that  (the  within  Account  being  right  cast  &  well  vouchd)  n^","?,'' ^ij,'"'" 
the  said  Josiah  Edson  Esq'  be  further  accountable  to  the  Heirs  of  Province ' 
Deborah  Brand  dec''  viz  Peter  Brand  &  Joshua  Brand  for  the  Bal-  Jifap^'ve^nbte^ 
lance  being  four  pounds  five  shillings   &   nine  pence   &  Interest  ^i^ap  112^^"' 
thereon  from  the  ^S""  of  April  last.     [Passed  February  16. 


CHAPTEK    166. 

ORDER  ALLOWING  THE   ACCOUNT   OF  JOSIAH  EDSON  &   JOHN  TURNER,  Legislative 

GUARDIANS.  Records  ol  the 

Council, 
xxvli.,  -208. 

Josiah  Edson  Esq"  and  M"'  John  Turner  Guardians  of  the  Indians  A^ci^ives, 
in  the  County  of  Plymouth  presented  their  Account  with  Patience  xxxiii.,  46o. 
Thomas  Indian  Woman  at  Mattakeset  in  Pembroke :  whereupon  the  Mass. 
following  Order  passed  viz'  xxxm^flb. 

Orderd  that  Josiah  Edson  &  John  Turner  Esq"  Guardians  of  the  w«"se  Jour- 
Indians  in  the  County  of  Plymouth  be  further  accountable  for  the  p'roViiice ' 
Ballance  being  the  Sum  of  One  hundred  twenty  one  pounds  five  Jifap^'TsJnote?' 
shillings  &  tenpence  half  peny  belonging  to  Patience  Thomas  an 
Indian  Woman  at  Mattakesett  in  pembrook.     \^Passed  February  16. 


CHAPTEK    167. 

RESOLVE  IMPOWERING  DAVID  TORREY,  ADM"  AND  GUARDIAN,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  David  Torrey  Admin'  of  the  Estate  of  Abner  White  Legislative 
late  of  Weymouth  deceased  intestate  and  Guardian  to  Asa  White  and  co„nc'if  °*  *''® 
Elizabeth  White  Children  of  said  Intestate    Setting  forth,  That  he  xxvii.,  209. 
hath  settled  his  administration  account  with  the  Judge  of  Probate  House  Jour- 
by  which  it  appears  that  there  is  Sixty  pounds  due  to  the  Petitioner;  ProVmce*'' 
that  since  the  death  of  the  said  Abner  his  dwelling  House  has  been  ^jj^^^'jij-' ^^^' 
wholly  consumed  by  fire,  whereby  the  Widow  and  Children  are  des- 
titute of  an  habitation ;  that  since  the  death  of  their  Father  about 
six  Acres  &  a  half  of  Land  hath  fallen  to  his  said  Wards  by  the 
death  of  Thomas  White  their  uncle.  And  praying  that  he  may  be 
impowered  to  make  Sale  of  the  said  Land,  and  so  much  of  the  Land 
of  their  said  Father  as  shall  be  sufficient  to  discharge  the  debts  of 
the  said  Intestate,  and  to  erect  a  small  Building  on  the  Estate  for 
the  accomodation  of  the  Family. 


302 


Province  Laws  {Resolves,  etc.) .  — 1767-68.     [Chap.  168.] 

[Eead  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  be  and  hereby  is  impowered  in  his  said  capacity  as 
Admin'  to  make  Sale  of  so  much  of  the  Real  Estate  of  the  said 
deceased  for  the  most  it  will  fetch  where  it  shall  be  least  prejudi- 
cial to  the  remainder  as  shall  amount  to  the  Sum  of  Sixty  pounds 
for  the  payment  of  said  deceaseds  just  debts,  and  such  further  Sum 
as  shall  be  sufficient  to  pay  the  charges  of  the  Sale  and  make  and 
execute  a  good  deed  or  deeds  of  the  same  to  the  purchaser  or  pur- 
chasers, he  observing  the  direction  of  the  Law  for  the  Sale  of  Real 
Estate  by  Executors  and  Admin"     Also  further 

Resolved  That  the  said  Petitioner  be  and  hereby  is  impowered  in 
his  said  capacity  as  Guardian  to  Asa  White  and  Elizabeth  White 
Heirs  of  the  said  deceased  to  sell  the  six  Acres  and  half  of  Land 
mentioned  in  this  Petition  belonging  to  the  said  Minors,  and  to 
make  and  execute  a  good  deed  or  deeds  to  the  purchaser  or  pur- 
chasers; he  observing  the  rules  &  directions  of  the  Law  for  the  Sale 
of  Real  Estates  by  Executors  and  Admin",  and  giving  caution  to 
the  Judge  of  Probate  for  the  County  of  Suffolk  that  the  proceeds 
of  said  Sale  be  applied  for  the  Building  a  House  for  the  use  and 
benefit  of  said  Minors.      {^Passed  February  17. 


CHAPTEE    168, 


RESOLVE   CONFIRMING  300  ACRES  LAND   TO   MIDDLECOT   COOKE. 


ElTOrds'rfthe       -^  Petition  of  Middlecot  Cooke  Esq"^  Setting  forth  That  on  the 
Councu,  11"»  of  may  1659  the  Great  and  General  Court  for  divers  good  causes 

xxTu.,  -1  ■ —  ^^^  considerations  made  a  Grant  to  Jeremiah  Belcher  of  three  hun- 
nal^ppAiis,  dred  Acres  of  Land,  but  as  the  said  Land  was  not  laid  out  in  the 
161.'  ProVmc'e  life  time  of  the  said  Jeremiah  his  Son  Jeremiah  preferred  his  Peti- 
chap.m!"  '  tion  to  the  General  Court  on  the  I?"'  of  novem''  1722  who  there- 
upon revived  and  confirmed  the  said  Grant  to  him,  who  on  the  21" 
of  Novem'  following  by  Deed  conveyed  the  same  to  his  Son  Joseph, 
and  the  said  Joseph  by  his  Deed  the  1"'  of  January  1723  conveyed 
the  same  to  Elisha  Cooke  Esq'  Father  of  the  Petitioner  which  Grant 
has  never  been  confirmed  to  him.  And  Praying  that  the  said  Grant 
may  be  revived,  and  as  the  Right  is  now  vested  in  the  Petitioner 
by  virtue  of  his  Fathers  Will,  that  the  Plan  &  return  herewith  pre- 
sented may  be  confirmed  to  him.  The  Laud  in  said  Plan  is  bounded 
as  follows  viz'  begining  at  the  Southeast  corner  of  a  Tract  of  Land 
laid  to  Jonathan  Bagley  Esq'  joining  upon  the  head  of  the  Town- 
ship of  Lebanon  so  called,  and  running  by  said  Lebanon  Northeast 
and  by  East  ninety  six  rods:  then  northwest  by  north  by  unap- 
propriated Lands  seven  hundred  and  twenty  rods  to  the  Northeast 
branch  of  Salmon  falls  River,  and  by  said  River  until  it  comes  to 
the  north  corner  of  said  Bagley's  Land  and  then  by  the  same  Laud 
to  the  begining:  Allowance  being  made  of  forty  acres  for  a  Pond 
and  Heath  lying  within  the  same,  as  Surveyed  by  James  Warren  jun' 
[Read  and] 

Resolved  That  the  within  Plan  of  Three  hundred  Acres  of  Land 
delineated  and  described  as  it  is  set  forth  therein  be  accepted  and 
hereby  is  confirmed  unto  Middlecot  Cooke  his  Heirs  and  Assigns  in 
lieu  of  and  in  full  satisfaction  for  the  Grant  of  Land  formerly  made 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  303 

by  this  Court  of  three  hundred  acres  to  Jerenaiah  Belcher  May  11 
AD  1(359  and  afterwards  confirmed  to  Jeremiah  Belcher  Son  of  the 
aforesaid  Jeremiah  Nov'  17  1722  which  has  not  been  heretofore  taken 
up.  Provided  that  it  doth  not  exceed  the  quantity  of  three  hundred 
acres,  exclusive  of  the  allowance  of  forty  Acres  for  a  Pond  and 
Heath,  nor  interfere  with  any  former  Grant.     \^Passecl  February  17. 


CHAPTEE    169. 

KESOLVE   IMPOWERING  SARAH   ROSS  TO  SELL   REAL  ESTATE. 

A  Petition  of  Sarah  Ross     Setting  forth,  That  her  Husband  R^fo^'^^Jj^ti 
William  Ross  hath  been  absent  from  her  more  than  four  years,  councu, 
during  which  time  she  hath  had  no  Letter  or  Account  from  him,  -L' '""' 


and  that  she  hath  had  the  small  Pox  since  his  departure  which  naTppfuMeT 

hath  reduced  her  to  great  straits  &  difficulties  and  is  now  indebted  ito." 

for  the  charges  thereof  and  for  her  subsistence.   That  she  hath  a 

paternal  Estate  in  the  Town  of  Berwick,  but  no  income  to  subsist 

upon.  And  Praying  that  she  may  be  impowered  to  sell  the  said 

Estate  that  she  may  be  enabled  thereby  to  put  herself  in  a  way 

of  business  and  procure  a  maintenance. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  sell  and  dispose  of  the 
Estate  therein  mentioned  and  to  make  and  execute  a  good  deed  in 
Law  to  the  purchaser  or  purchasers  and  apply  the  proceeds  of  said 
Sale  to  her  own  use  and  benefit :  It  appearing  that  the  Lands  men- 
tioned in  the  within  Petition  are  worth  One  hundred  pounds  that 
they  are  unimproved  Lands,  that  they  bring  in  nothing,  that  they 
fall  short  of  fifty  Acres:  that  the  Petitioner  justly  owes  Thirty  six 
pounds  for  Medicines  and  Attendance  &c  when  she  had  the  Small 
Pox,  that  she  hath  nothing  wherewith  to  pay  the  same  or  support 
herself  but  the  charity  of  her  Friends.     [^Passed  February  18. 


CHAPTEE    170. 

ORDER    DIRECTING    THE    JUDGE    OF    PROBATE    FOR    THE    COUNTY    OF 
WORCESTER  TO  ALLOW  FURTHER   TIME    TO   ENTER   CLAIMS   AGAINST 

AN   ESTATE. 

A  Petition  of  William  Molineux  Attorney  to  Charles  Ward  £fs'^'^"^?th 
Apthorp  Esq"'    Setting  forth  That  Isaac  Thomas  late  of  Hardwick  council, 
deceased  was  at  the  time  of  his  Death  indebted  to  said  Apthorp  on  x^"^"-.  ^"3, 2i3. 
two  Notes  of  hand,  about  thirteen  hundred  pounds  lawful  Money,  naTpp'^M'^ieo 
and  that  the  Estate  of  the  said  Isaac  was  by  John  Rowe  Esq'  the  les.'ns,' ne! 
Admin'  represented  Insolvent  and  Commissioners  were  accordingly  chap's."     ' 
appointed  to  receive  the  Claims,  in  consequence  whereof  the  Peti- 
tioner gave  to  M'  Rowe  his  demand  upon  said  Thomas's  Estate, 
who  as  he  was  going  to  Hardwick  promised  to  give  in  the  same  to 
the  said  Commissioners ;  but  after  eighteen  months  werfe  elajised,  it 
appeared  that  a  division  had  been  ordered  without  any  regard  had  to 
the  Petitioners  Claim,  which  it  seems  had  never  been  given  in.  And 


304 


Pkovinck  Laws  {Resolves,  ete.).  — 1767-68.  [Chaps.  171,  172.] 


inasmuch  as  no  dividend  has  been  actually  yet  made,  Praying  that 
his  Claim  aforesaid  may  be  allowed  to  be  admitted,  the  time  granted 
for  giving  in  the  same  being  elapsed  notwithstanding. 

[Eead  and] 

Ordered  that  the  prayer  thereof  be  so  far  granted  as  that  the 
Judge  of  Probate  for  the  County  of  Worcester  be,  and  he  is  hereby 
authorized  and  directed  to  allow  the  Creditors  of  the  Estate  of  the 
said  Isaac  Thomas  until  the  tenth  day  of  June  next  to  bring  in 
their  Claims  to  prove  their  debts  due  notice  thereof  being  previously 
given  them  in  manner  as  the  Law  directs;  and  in  the  distribution 
of  the  said  Estate  the  aforementioned  and  any  further  demands  on 
said  Estate  which  after  examination  of  'em  had  by  the  Commis- 
sioners appointed  for  that  purpose  shall  appear  to  be  just,  be  con- 
sidered and  admitted  that  so  every  Creditor  may  receive  his  just 
proportion  of  said  Estate.      [Passed  February  18. 


CHAPTEE    171. 


Legislative 
BecordB  of  the 
Council, 
xxvU.,  215. 

House  Jour- 
nal, pp.  146, 173. 
Province 
liaws,  !i.,  151, 
chap.  10. 


RESOLVE  IMPOAVERING  LYDIA  MULLIKEN,  ADM^,  TO  SELL  REAL  ESTATE 
AND   MAKING  PROVISION   IN  REGARD   TO   THE  PROCEEDS. 

A  Petition  of  Lydia  Mulliken  Admin^  of  the  Estate  of  her  late 
husband  Nathaniel  Mulliken  of  Lexington  deceased  Intestate  Set- 
ting forth  That  he  some  months  before  his  death  purchased  a  Lot 
of  Woodland  of  about  Fifty  acres  lying  in  Lexington,  whereby  his 
Estate  is  greatly  involved  and  subject  to  pay  interest,  whereas  the 
said  Woodland  brings  in  nothing.  And  Praying  that  she  may  be 
impowered  as  she  has  a  prospect  of  selling  the  said  Land  to  ad- 
vantage to  make  Sale  thereof  in  order  to  discharge  the  debts  due 
from  the  Estate,  for  which  purpose  she  is  ready  to  release  her  Right 
of  Dower  in  the  Land  aforesaid. 

[Eead  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted  and  that  the 
Petitioner  in  her  said  capacity  be  and  hereby  is  impowered  to  make 
Sale  of  the  Land  mentioned  in  the  Petition,  and  to  execute  a  good 
deed  or  deeds  thereof  to  the  purchaser  or  purchasers  of  the  same; 
She  observing  the  Rules  &  directions  of  the  Law  for  selling  Real 
Estates  by  Executors  and  Admin"  and  giving  caution  to  the  Judge 
of  Probate  of  Wills  for  the  County  of  Middlesex  that  she  will  ap- 
propriate the  money  arising  from  said  Sale  to  the  payment  of  the 
deceaseds  debts,  and  the  remainder,  if  any,  shall  be  secured  for  the 
benefit  of  the  Heirs.      \^Passed  February  18. 


CHAPTEE    172. 

RESOLVE  ALLOWING   £200   TO   THE   COMMISSARY   GENERAL. 

Legislative  Besolved  That  there  be  allowed  and  paid  out  of  the  public  Treas- 

Councu!^     ^  ury  to  the  hon'''^  Thomas  Hubbard  Esq'  Commissary  General  the 

xxvii.,  m g^^jj^  q£  rp^Q  hundred  pounds  for  one  years   Service   ending  the 

miTp!  iTe""^'      eleventh  day  of  January  last.     [Passed  February  18. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  305 


CHAPTER    173. 

EESOLVE  ALLOWING   £20   TO   M"  STEPHEN   SEWALL.  Legislative 

Records  of  the 
Council, 

Resolved  that  the  Sum  of  Twenty  pounds  be  allowed  &  paid  out  ^^^l->  2^"- 
of  the  Publick  Treasury  to  M'  Stephen  Sewall  Professor  of  the  Archives, 

Hebrew  &  other  oriental  Languages  at  Harvard  Colledge  as  a  Gra-  '''"'' °'^' 

tuity,  in  Consideration  of  his  faithfuU  Discharge  Of  that  Trust  ?a°Cp!i76!'' 
the  Year  past.     ^Passed  February  18. 


CHAPTER    174. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE   TREASURER    OF    BRISTOL 
COUNTY. 

The  Account  of  Eobert  Luscombe  Treasurer  of  the  County  of  R^^'^lf'^fth 
Bristol   being  laid   before   the   Court  for  allowance  the  following  council, 
Order  passed  thereon  viz'  xxvii.,  221. — 

Resolved  That  the  within  Account  being  right  cast  &  well  vouched  ^°^^^^  'l~^^' 
be  allowed,  and  that  the  Treasurer  of  the  County  of  Bristol  be  dis- 
charged of  the  Sum  of  One  hundred  and  seventy  five  pounds  six 
shillings  and  five  pence  which  he  has  paid  by  order  of  the  Court 
of  Genei'al  Sessions  of  the  peace,  and  that  he  be  further  account- 
able for  a  balance  of  One  hundred  and  seven  pounds  three  shillings 
and  two  pence  due  to  the  County  aforesaid  when  he  shall  receive 
it.     \^Passed  February  19. 


CHAPTER    175. 

RESOLVE    IN    REGARD    TO    LAND    GRANTED    JACOB    GLEASON    AND 
OTHERS. 

A  Petition  of  Jacob  Gleason,  Samuel  Warner  Samuel  Warner  Legislative 
jun"',    Allen   Goodrich   and   Lemuel   Goodrich  living   on   Province  councif  "'""^ 
Lands  West  of  Lauesborough  in  the  County  of  Berkshire     Setting  xxvii..  -m. 
forth  That  they  are  upon  a  Tract  of  Land  joining  West  on  Dwights  Legislative 
Line,  and  are  bounded  South  on  the  north  Line  of  Lands  granted  councif, °' ""* 
to  Benj^  Goodrich  &  others  and  north  on  Lands  granted  to  Asa  xxvii.,224. 
Douglass  and  others.  And  Praying  that  this  Court  would  quit  Claim  nai,  pp. 342, 356 
to  them  the  said  Tract  of  Land  being  about  nine  hundred  and  fifty  [,^J,"58 '*^/'i67 ' 
Acres,  they  giving  security  to  the  Province  Treasurer  for  what  this  i"*- 
Court  shall  judge  to  be  the  worth  of  the  premises. 

[Read  and] 

Resolved  That  the  prayer  of  said  Petition  be  so  far  granted  as 
that  nine  hundred  forty  three  Acres  &  half  of  Land  included  in  a 
Plan  of  Nine  hundred  ninety  and  one  Acres  of  Land  returned  to 
this  Court  by  Asa  Douglass  jun'  be  quit  Claimed  to  the  said  Jacob 
Gleason,  Samuel  Warner,  Samuel  Warner  jun"',  Allen  Goodrich, 
Lemuel  Goodrich  and  Asa  Douglass  jun'  in  equal  shares  or  Divi- 
sions, to  them,  their  Heirs  and  Assigns  forever,  upon  condition  that 
they  give  security  to  the  Province  Treasurer  to  pay  him  or  his  Sue- 


306  Province  Laws  {Resolves, etc.).  — 1767-68.  [Chaps.  176,  177.] 

cessor  in  that  office  Seventy  and  two  iiounds  and  fifteen  shillings 
within  one  Year.  Provided  said  Tract  of  Land  do  not  interfere  with 
any  former  Grant:  and  in  case  any  of  the  abovenamed  shall  refuse 
or  neglect  to  pay  his  or  their  proportion  of  said  Sum  of  Seventy 
two  pounds,  fifteen  shillings,  then  his  or  their  share  shall  become 
the  property  of  the  other  abovenamed  Associates,  they  paying  said 
delinquents  proportion.      {^Passed  February  19. 


CHAPTER    176. 

RESOLVE    DIRECTING    THE    GUARDIANS    OF    THE    PLYM"   INDIANS    TO 
REIMBURSE   THE   PURCHASERS  FOR  DEFICIT   IN  LAND. 

Legislative  The  Represextation  of  Josiah  Edson  and  John  Turner  Esq" 

Council,  two  of  the  Guardians  of  the  Indians  in  the  County  of  Plymouth     Set- 

Mas".''  "'"'        ting  forth  That  on  the  8"'  of  march  1757  Patience  Thomas  Abigail 
ArchiveB,  Osgood  and  Caleb  Brand  of  the  Indian  Tribe  at  Mattakeset  within 

— — '- —  the  Township  of  Pembroke  obtained  leave  of  the  Court  with  the 

naT^P-HMsi.  consent  of  their  Guardians  to  make  Sale  of  1701/^  Acres  of  Land  in 

La'ws'xv  738    ®^'*^  place  whicli  was  accordingly  sold  to  Nehemiah  Gushing  and 

ciiap.'aisi'xvi!,  Israel  Turner  of  said  Pembroke  at  £8.2/  old  tenor  ^  Acre  soon 

note?  *'"'    '      after  which  the  said  Nehemiah  sold  his  part  to  the  said  Israel  who 

is  now  deceased.  That  the  said  Lands  have  been  surveyed  anew  and 

found  to  contain  only  1441/4  Acres  and  ten  rods;  and  as  they  were 

sold  by  the  Acre  it  appears  reasonable  that  the  purchasers  should 

be  reimbursed  the  overplus  Money  which  they  had  paid  as  aforesaid 

with  Interest.  And  Praying  the  direction  of  this  Court  concerning  it. 

[Read  and] 

Resolved  that  the  Guardians  of  the  Indians  in  said  County  of 
Plymouth,  be,  and  hereby  are  Directed  to  repay  (out  of  the  Money 
in  their  hands  belonging  to  Patience  Thomas)  unto  those  heirs  of 
Israel  Turner  deceased,  to  whom  the  right  of  those  lands  belong, 
in  and  by  the  last  Will  and  Testament  of  the  said  Israel  the  sum 
of  forty  Six  pounds  Eighteen  Shillings  &  Eleven  pence  being  the 
Exact  Sum,  with  the  Interest  that  the  land  falling  Short  amounts 
to  at  the  price  it  was  Sold  for.     \^Passed  February  20. 


CHAPTEE    177. 

RESOLVE  ALLOWING   £6   ANNUALLY  TO   JN"  BEVERLY. 

Legislative  A  PETITION  of  John  Beverly     Setting  forth,  That  He  was  a  Sol- 

Councu,  dier  in  the  pay  of  the  Province  in  1760  and  that  on  his  return  home 

Mass  '  ^^^'  ™  t^i^  winter  being  lost  in  the  woods  he  was  so  frozen  that  he  lost 
Archives,         both  liis  feet,  nor  are  his  legs  healed  to  this  day.  And  praying  relief. 

^^^ — '- [Read  and] 

Archives,  Resolv^  that  there  be  pay"*  out  of  the  publick  Treasury  of  this 

House  j^iir  province  to  the  Treasurer  of  the  Town  of  Andover  for  the  use  of 
iiai,pp.i.'>3,i80.  John  Beverly  of  Said  Town  the  Sum  of  Six  pounds  Lawfull  Money 
Law8,°^ii.,  and  the  Same  Sum  Annually  untill  the  further  Order  of  the  Gen- 
100, chap.  234.    eral  Court  to  be  Dispos'^  of  by  the  Overseers  of  the  poor  of  Said 

Town  as  they  Shall  judge  most  for  the  Advantage  of  Said  Beverly. 

[^Passed  February  20. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.) .  — 1767-68.  307 


CHAPTEK    178. 

RESOLVE  IMPOWERING   JN"  RAND,  ADM=,  TO   SELL  LAND  AND  MAKING 
PROVISION  IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  John  Eand  of  Sherburn  Admin^  of  the  Estate  of  Legislative 
his  late  Father  Caleb  Eand  late  of  said  Sherburn  in  the  County  of  cmmc'if,°'*''* 
Nantucket  dec'*  Setting  forth     That  tiie  debts  of  the  said  deceased  '^^'"'-  '■'^^- 
amount  to  £23.18.11  more  than  the  whole  of  his  Personal  Estate:  nX^® 'm'igi 
and  praying  that  he  may  be  impowered  to  sell  so  much  of  the  Real  Province 
Estate  as  shall  be  sufficient  to  discharge  the  debts  aforesaid.  cifaY)^lo.'' ^^^' 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  in  his  said  capacity  be  and  hereby  is  impowered  to 
make  Sale  of  the  Land  mentioned  in  this  Petition  and  to  execute  a 
good  deed  or  deeds  thereof  to  the  purchaser  or  purchasers  of  the 
same  he  observing  the  Rules  and  directions  of  the  Law  for  selling 
Real  Estates  by  Executors  and  Admin''''  and  giving  caution  to  the 
Judge  of  Probate  of  Sherburn  in  the  County  of  Nantucket  that  he 
will  appropriate  tlie  monies  arising  from  said  Sale  to  the  payment 
of  the  said  debts  mentioned  in  said  Petition  and  charges  of  Sale. 
[^Passed  February  20. 


CHAPTEK    179. 

RESOLVE   IMPOWERING  JOSEPH   MARSHALL    AND    OTHERS,  GUARDIANS, 
TO   SELL   REAL    ESTATE. 

A  Petition  of  Joseph  Marshall,  Daniel  Gardner  and  Jonathan  LegiBiative 
Gardner  all  of  Sherburn  in  the  County  of  Nantucket  Guardians  to  ^unc'if  "'""^ 
the  Person  and  Estate  of  Barnabas  Gardner  of  said  Sherburn  who  xxvu.,  -iso. 
through  age  and  iniirmities  is  become  Noncompos  Setting  forth,  House  Jour. 
That  in  order  to  provide  for  the  support  of  the  said  Barnabas  it  is  is^'/f^'.^prOT- 
become  necessary  to  sell  a  part  of  his  Real  Estate.  And  praying  that  ^^  \^'^\n" 
they  may  be  enabled  to  sell  a  part  of  the  Real  Estate  for  the  pur-      '"^  ap- 
pose aforesaid  accordingly. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted  and  that  the 
Petitioners  in  their  said  capacity  be  and  hereby  are  impowered  to 
make  Sale  of  part  of  the  Real  Estate  prayed  for  in  said  Petition  to 
the  amount  of  Eighty  pounds  lawful  money  and  to  make  and  exe- 
cute a  good  deed  or  deeds  in  Law  to  the  purchaser  or  purchasers, 
he  observing  the  Rules  and  directions  of  the  Law  relating  to  the 
Sale  of  Real  Estates,  giving  caution  to  the  Judge  of  Probate  for 
the  County  of  Nantucket  that  the  money  arising  by  such  Sale  be 
applied  for  the  purposes  mentioned  in  this  Petition.  [^Passed  Feb- 
ruary 20. 


308 


Province  'LkVfS  {Resolves,  etc.).  — 1767-68.  [Chaps.  180,  181.] 


CHAPTEK    180. 


Legislative 
Records  of  the 
Council, 
xxvil.,  230. 


RESOLVE  ALLOWING  FURTHER  TIME   TO   THE   HEIRS    OF    ELIZABETH 
RAND   TO   LAY  OUT  A  GRANT  OF  LAND. 

A  Petition  of  Samuel  Willis  of  Middleton  in  behalf  of  the  Heirs 

of  Elizabeth  Rand  dec'*  Setting  forth,  That  on  the  25""  day  of  June 

1765  the  Great  and  General  Court  granted  to  the  said  Elizabeth  Eand 

nai'^pp'rra'^iss  ^^^^  Heirs  and  assigns  twelve  hundred  Acres  of  unappropriated  Lands 

Ante,  p. «,'        to  be  laid  out  adjoining  to  some  former  Grant,  a  Plan  thereof  to  be 

"  ^^'    '  returned  within  twelve  Months  from  that  time  for  confirmation :  that 

the  said  Elizabeth  Eand  then  lived  out  of  the  Province  aud  is  since 

dead,  by  reason  whereof  the  said  Land  has  not  yet  been  laid  out. 

And  praying  for  further  time  to  lay  out  the  said  Grant  and  to  return 

a  Plan  of  the  same. 

[Read  and] 

jResolved  that  the  prayer  of  the  within  Petition  be  granted  and 
that  the  Heirs  of  the  within  named  Elizabeth  Rand  deceased  be 
allowed  a  further  time  for  laying  out  said  twelve  hundred  Acres  of 
Land  within  mentioned,  they  observing  the  Resolve  of  the  House 
of  Representatives  passed  June  So""  1765  relative  to  laying  out  the 
same :  and  that  they  return  a  Plan  thereof  iuto  the  Secretary's  Office 
in  twelve  months  from  this  time.      [Passed  February  20. 


CHAPTEK    181. 


RESOLVE  IMPOWERING  WILLIAM  FISHER,  GUARDIAN,  TO  JOIN  WITH 
THEM  IN  SALE  OF  REAL  ESTATE  AND  MAKING  PROVISION  IN  RE- 
GARD  TO  THE  PROCEEDS. 


Legislative  A  PETITION  of  Andrew  Tyler  Clerk,  Catharine  Ochterlony  Widow, 

Council,  Charles  Pelham  and  Mary  his  Wife,  John  Tyler  and  William  Fisher 

Mais."  '^'^'        Guardian  of  Miriam  Tyler  a  Minor    Setting  forth  That  Miriam  Tyler 
Archives,  xix.,  late  of  Boston  Widow  deceased  by  her  last  Will  and  Testament  de- 

— '■ vised  a  certain  Brick  house  and  Land  in  Ann  Street  in  Boston  to 

Archives,  xix.,  her  four  Children  namely  Andrew  Tyler,  Catharine  Ochterlony,  John 
Jo*uSai  pp"^^  Tyler  and  Mary  Pelham  and  to  her  Grand  Child  Miriam  Tyler  a 
172,186.'     '  '    Minor  to  be  divided  into  five  equal  parts  between  them.  That  in  the 
late  Fire  the  Kitchen  of  the  said  House  was  consumed  and  the 
House  damaged,  besides  which  there  is  an  incumbrance  of  £1,800, 
Old  Tenor  upon  it  and  only  £500  like  money  Personal  Estate  where- 
with to  discharge  it;  and  that  they  are  all  desirous  of  selling  said 
Estate     Wherefore  praying  that  they  may  be  enabled  to  make  Sale 
thereof,  one  fifth  part  of  the  net  proceeds  of  said  Sale  to  be  secured 
for  the  benefit  of  the  said  Minor. 
[Read  and] 

Resolv''d  that  the  Prayer  of  this  Petition  be  granted  And  that  the 
Said  William  Fisher  Guardian  to  the  Said  Minor  be  and  hereby  is 
impower'd  to  joyn  with  the  Other  Petitioners  in  making  Sale  of 
the  House  and  Laud  within  mentiond  for  the  most  it  will  fetch 
and  with  them  to  execute  a  good  and  Sufficient  Deed  thereof  to  the 
Purchaser  he  giving  Caution  to  the  Judge  of  Probate  of  Wills  &c 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  809 

for  the  County  of  Suffolk  that  the  neat  Proceeds  of  the  Said  Minors 
Part  of  the  Premises  Shall  bo  Secur'd  for  her  use  &  Benefit.  \^Passed 
February  22. 


CHAPTEE    182. 

RESOLVE  IMPOWERING  THE  PROPRIETORS   OF   WESTMINSTER    TO    TAX 
THEIR  LANDS,  ALSO  TO   CHOOSE   COLLECTORS   THEREOF,  ETC. 

A  Petition  of  Elisha  Marsh  Agent  for  the  Proprietors  of  West-  Legislative 
minster     setting  forth     That  at  a  Meeting  of  said  Proprietors  held  council^  °^  "'^ 
at  Westminster  30""  December  1767,  it  appears  that  they  were  in  xxvii.,  ■233. 
debt  the  Sum  of  £142.0.9%,  almost  £50  whereof  is  on  a  Judgment  ^^""f  "'isrisi 
of  Court  now  in  force  against  them  and  in  order  to  discharge  the  ist.'iss!   p'rov- 
said  Debts,  they  impowered  the  Petitioner  to  make  application  to  lai^notelxvu., 
this  Court  for  a  Tax  on  all  the  Lands  in  Westminster  viz'  On  the  306,  chap. iss. 
first,  second  and  third  divisions  60  Acres  each  as  a  Standard,  the 
fourth  or  undivided  Land  at  20  Acres  each,  and  the  meadow  Lots 
at  three  and  the  Farm  Land  so  called  at  500  Acres  computed  at  two 
Original  Rights.  And  praying  that  a  Tax  may  be  laid  on  said  Lauds 
accordingly,  and  that  Execution  on  the  Judgment  aforesaid  may  be 
stayed  till  the  money  can  be  raised. 

[Read  and] 

Resolced  That  the  prayer  of  the  Petition  of  Elisha  Marsh  be  so 
far  granted  as  that  the  Proprietors  of  Westminster  in  the  County 
of  Worcester  be  and  hereby  are  impowered  to  Tax  all  the  Lands  men- 
tioned in  said  Petition  at  one  penny  half  penny  ^  Acre  amounting 
to  the  Sum  mentioned  in  said  Petition  of  One  hundred  and  forty 
two  pounds  and  nine  pence,  and  Nine  pounds  for  paying  the  ex- 
pence  of  said  Marsh  and  for  levying  and  collecting  said  Tax,  and 
the  said  Proprietors  are  hereby  impowered  to  choose  Assessors  and 
Collector  or  Collectors  respectively  to  assess  and  Collect  the  same, 
which  Collector  or  Collectors  are  hereby  impowered  to  collect  said 
Tax  in  the  same  manner  and  by  the  same  rules  as  Pi'ovince  Taxes 
are  Collected  from  time  to  time.  Also  it  is  hereby  to  be  understood 
that  each  Proprietors  whole  Right  in  said  Propriety  contains  two 
hundred  and  three  Acres.  And  wliereas  there  was  a  Tax  laid  on  the 
Proprietors  Lands  in  Westminster  by  the  General  Court  in  October 
1762  and  afterwards  set  aside  by  the  Court:  and  whereas  some  of 
said  Proprietors  paid  said  Tax  although  set  aside  as  aforesaid,  it  is 
liereby  to  be  understood  that  when  the  Tax  abovesaid  is  collected 
of  one  penny  half  penny  ^  Acre,  that  then  tliose  jjersons  that  have 
paid  the  former  Tax  that  was  set  aside  aforesaid,  be  reimbursed  the 
Sum  or  Sums  they  then  paid  out  of  the  Sum  that  may  be  collected 
by  the  present  Tax  of  one  penny  half  penny  ^  Acre.  \_Passed  Feb- 
ruary 23. 


310 


Province  Laws  (Besolves,  etc.) .  —1767-68.  [Chaps.  183-185.] 


CHAPTEK    183, 


Legislative 
Records  of  the 
Council, 
xxvii.,  235. 

House  Jour- 
nal, p.  186. 


RESOLVE  DISCHARGING  STEP''  WESSON  OF  DEBTS  DUE   THE  PROVINCE. 

Whereas  it  appears  that  M^  Stephen  "Wesson  Constable  of  the 
Town  of  Concord  in  the  year  1735  (returned  an  outstanding  debtor) 
has  paid  all  the  monies  that  were  due  to  the  Province  and  has  proper 
Eeceipts  in  full  for  the  same. 

Therefore 

Resolved  That  the  said  Wesson  be  discharged  in  the  Province 
Treasurer's  Books.     [Passed  February  23. 


CHAPTEK    184. 

ORDER  ALLOWING   £15  TO   W«   KELLOGG. 


Kecords'of  the       Ordered  That  the  Sum  of  Fifteen  pounds  be  allowed  and  paid 
Conncii,-  out  of  the  public  Treasury  to  William  Kellogg  Agent  for  the  Plan- 

xxvii.,  236. tatious  of  Nobletown,  Spencer,  Tauconick,  and  New  Canaan  in  full 

mii"pp!'i5ias4.  consideration  of  the  expences  of  his  Journey,  Attendance  on  this 
Ante^-g.id,       Court  and  Keturn.     [Passed  February  23. 


CHAPTER    185 


Legislative 
Records  of  the 
Council, 
xxvii.,  237. 

House  Jour- 
nal, pp.  137, 187. 
Province 
Laws,  ii.,  151, 
chap.  10. 


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

A  Petition  of  Thankful  Cutting  of  Waltham  Widow  and  Ad- 
min'' of  the  Estate  of  her  late  Husband  Richard  Cutting  late  of 
Waltham  deceased  Setting  forth,  That  the  deceaseds  Personal  Estate 
is  insufficient  to  pay  his  just  debts:  that  he  died  seized  of  about 
Eighty  Acres  of  Land  in  Brookfield  which  he  was  obliged  to  take 
in  order  to  secure  his  just  Right,  and  which  he  had  afterwards  put 
upon  Sale.  And  praying  that  she  may  be  impowered  to  sell  the  same 
under  such  restrictions  as  this  Court  shall  think  proper. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  in  her  said  capacity  be  and  hereby  is  impowered  to 
make  Sale  of  the  Lands  mentioned  in  the  Petition  and  execute  a 
good  deed  or  deeds  thereof,  she  observing  the  rules  &  directions  of 
the  Law  in  selling  Real  Estates  by  Executors  &  Admin"  and  giving 
caution  to  the  Judge  of  Probate  of  Wills  &c  for  the  County  of  Mid- 
dlesex that  she  will  appropriate  the  Monies  arising  from  said  Sale 
to  the  payment  of  the  deceaseds  debts  and  the  remainder  if  any 
shall  be,  secured  for  the  benefit  of  the  Heirs.     [Passed  February  23. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  311 


CHAPTEK    186. 

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

A  Petition  of  Mary  How  Admin^  of  the  Estate  of  her  late  Hus-  Legislative 
band  Josiah  How  of  Charlton  deceased  Setting  forth      That  the  coSnc'ir"''^ 
deceaseds  Personal  Estate  is  insufficient  to  pay  his  just  debts;  that  xxvu., 238. 
he  died  seized  of  a  Farm  in  Charlton  Apprized  at  One  hundred  and  House  Jo^- 
ninety  five  pounds,  to  sell  a  part  of  which  to  pay  the  debts  would  Province 
spoil  the  whole.  And  praying  that  she  may  be  impowered  to  sell  the  cifa^!'io;' ^^^' 
whole  of  said  Estate,  She  to  have  the  income  of  one  third  part  of 
the  produce  as  her  dower,  the  remainder  to  be  applied  for  the  pay- 
ment of  the  deceaseds  debts  so  far  as  may  be  needed  for  that  pur- 
pose and  the  residue  divided  among  his  Children. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  the 
Petitioner  is  impowered  in  her  said  capacity  to  make  sale  of  the 
premises  for  the  most  the  same  will  sell  for,  and  to  make  and  exe- 
cute a  good  deed  or  deeds  thereof  in  Law,  Slie  observing  the  Rules 
of  Law  for  the  sale  of  Real  Estates  by  Executors  and  Admin"  and 
giving  proper  caution  to  the  Judge  of  Probate  of  Worcester  that 
the  proceeds  of  said  Sale  shall  be  applied  as  mentioned  in  this  Peti- 
tion.     \^Passed  February  23. 


CHAPTEE    187. 

RESOLVE   ALLOWING   £2.  8.  4  TO   GEO.   BRUCE. 

A  Petition  of  George  Bruce  of  Mendon    Setting  forth.  That  in  the  Legislative 
year  1756  he  being  then  a  Deputy  Sheriff  for  the  County  of  Worcester  ^^Xcu",***  '"^ 
did  by  virtue  of  his  Excellency's  Proclamation  apprehend  &  secure  xxvii.,  ^as. 
three  Deserters  from  his  Majesty's  Service,   the  Cost  and  charge  House  Jour- 
whereof  for  himself  and  Assistants  amounts  to  £2.8.4  for  which  he    *'^^'     ' 
presented  a  Petition  in  1758  but  the  same  being  then  lost  or  mislaid 
he  hath  never  received  any  recompence.  And  praying  an  allowance. 

Read  and 

Resolved  That  the  prayer  be  granted  so  far  as  that  there  be  allowed 
and  paid  out  of  the  Public  Treasury  the  Sum  of  Two  pounds,  eight 
shillings  &  four  pence  to  M'  Joseph  Dorr  for  the  use  of  the  Peti- 
tioner in  full  discharge  of  the  Petitioners  Account  mentioned  in 
the  Petition.     [Passed  February  23. 


CHAPTER    188.  ^^^^ 

Council, 
ORDER    APPOINTING    A    C0M™e    tO    BUILD    A    LIGHT    HOUSE    NEAR      xxvll.,  24.3. 
PLYMOUTH    HARBOR.  Archives, 

Ixvl.,  426.' 

In  the  House  of  Representatives  House  Jour. 

Order d  that  Coll  Warren  &  Cap  Thomas  with  such  as  the  Hon'"'  Jg^g'-PJ^rovyc^' 
Board  shall  joyn  be  a  Committee  to  build  a  Light  house  near  Plvm-  Laws,  iv.,  992, 
outhHarboiir  So^e''.-''^ '°°'' 

In  Council  Read  &  Concurr'd  and  Gam'  Bradford  Esq'  is  joined. 
[Passed  February  24. 


312 


Province  Laws  (iieso/ves,  ete.).  —  17t57-(3b.  [Chaps.  189,190.] 


CHAPTER    189 


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


Legislative 
Records  ol  the 
Council, 
xxvii.,  247. 

House  Jour- 
nal, p.  1S2  bis. 
Province 
Laws,  11.,  161, 
chap.  10. 


A  Petition  of  Jeremiah  Tucker  and  Rebecca  Swift  Widow, 
Admin"  of  the  Estate  of  Nathaniel  Swift  late  of  Milton  Yeo- 
man deceased  Setting  forth  That  the  deceaseds  Moveable  Estate 
amounted  to  £43.12.10  and  that  there  is  due  from  said  Estate  with 
an  allowance  to  the  Widow  the  Sum  of  £51.9.1  That  he  died  siezed 
of  a  House  and  about  fifteen  Acres  of  Land  in  Milton  and  of  about 
30  Acres  of  Pasture  at  about  a  miles  distance  from  the  Homestead, 
Apprized  in  the  whole  at  £393.6.8  That  the  deceased  left  nine  Chil- 
dren, seven  of  whom  are  Minors,  and  that  the  Income  of  said  Estate 
is  insufficient  for  their  support,  but  if  turned  into  Money  would 
yield  four  times  as  much  as  the  Estate  does.  And  praying  that  they 
may  be  impowered  to  sell  the  said  Estate,  they  giving  caution  to 
the  Judge  of  Probate  to  apply  the  produce  to  the  use  and  benefit 
of  the  Heirs. 

[Eead  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted  and  that  the 
Petitioner  Eebecca  Swift  in  her  capacity  be  and  hereby  is  impow- 
ered to  make  Sale  of  the  Premises  mentioned  in  this  Petition  for 
the  most  the  same  will  sell  for,  and  make  and  execute  a  good  deed 
or  deeds  in  Law  to  the  jiurchaser  or  purchasers,  she  observing  the 
Eules  and  directions  of  the  Law  for  the  Sale  of  Eeal  Estates  by 
Executors  and  Admin"  and  giving  caution  to  the  Judge  of  Probate 
for  the  County  of  SuSolk  that  the  money  arising  by  said  Sale  to  be 
so  much  of  it  applied  to  pay  the  deceaseds  Just  debts  as  is  sufficient 
to  discharge  the  same,  and  the  overplus  to  be  disposed  of  in  the 
following  manner  viz'  that  part  which  belongs  to  the  two  Children 
which  are  of  age  to  be  paid  unto  them :  the  residue  to  be  paid  unto 
the  respective  Guardians  of  the  said  Minors,  which  by  them  shall 
be  put  out  to  interest  for  the  respective  use  and  benefit  of  the  said 
Minors;  the  principal  and  what  of  the  interest  that  may  be  due  and 
in  the  hands  of  the  respective  Guardians  of  the  said  Minors  to  be 
paid  to  them  respectively  as  they  come  of  age,  or  to  the  daughters 
severally  at  the  day  of  Marriage.      [^Passed  February  25. 


CHAPTER    190. 

RESOLVE   AND    ORDER  'CONCERN^  THE   4   TOWNS   REVOLTING   TO    CON- 
NECTICUT. 


Legislative 
Records  of  the 
Council, 
xxvii.,  24S. 

House  Jour- 
nal, pp.  150, 172, 
193,  liW.  Prov- 
ince Laws, 
xlv.,  337,  chap. 
182;  688,  cbap. 
121. 


Whereas  the  Inhabitants  of  the  Towns  of  Suffield,  Enfield  and 
Somers  in  the  County  of  Hampshire  and  the  Inhabitants  of  the 
Town  of  Woodstock  in  the  County  of  Worcester  did  iu  or  about 
the  year  1749  Eevolt  from  their  subjection  to  this  Government 
under  which  they  had  at  first  been  settled  and  until  that  time  con- 
tinued, and  by  which  they  had  been  protected  at  great  charge  in 
several  Wars,  and  did  apply  to  the  Government  of  Connecticut  to 
receive  them  as  being  within  that  Colony.  And  whereas  the  said 
Government  did  at  first  disclaim  any  share  in  the  said  Eevolt,  but 
afterwards  by  an  Act  or  Law  artfully  establish  a  new  form  of  words 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1767-68.  313 

expressive  of  the  bounds  of  the  Counties  of  Hartford  and  Windham 
in  order  to  give  colour  to  the  Officers  of  the  said  Counties  respec- 
tively to  exercise  Jurisdiction  over  the  said  revolting  Inhabitants. 
And  whereas  after  various  attempts  to  persuade  and  to  compel  the 
said  Inhabitants  to  return  to  their  subjection  a  War  began  and  for 
many  years  continued  between  his  late  Majesty  and  the  French 
King,  and  during  the  continuance  of  this  War  the  Government  of 
this  Province  desisted  from  all  compulsory  measures  with  the  said 
Inhabitants  lest  damage  should  thereby  accrue  to  his  Majesty's  Ser- 
vice. And  whereas  by  the  restoration  of  peace  to  all  his  Majesty's 
Dominions,  the  reasons  for  such  forbearance  altogether  cease,  and 
the  Inhabitants  of  the  said  Towns  still  continue  in  their  Eevolt  from 
this  Government. 

It  is  therefore 

Resolved  and 

Ordered  That  the  Inhabitants  of  the  Towns  of  Suffield,  Enfield, 
Somers  and  Woodstock  at  all  times  ought  to  have  been  and  from 
henceforth  to  all  intents  and  purjooses  shall  be  considered  as  within 
the  limits  of  this  Province  &  under  the  Jurisdiction  of  the  Govern- 
ment here  established  by  the  Royal  Charter.  And  all  Civil  &  Military 
Officers  within  the  Counties  of  Hampshire  &  Worcester  especially 
and  all  other  Officers  and  persons  whomsoever  it  may  concern  within 
the  Province  are  required  to  govern  themselves  accordingly. 

Provided  always,  that  notwithstanding  the  Inhabitants  of  the  sev- 
eral Towns  aforesaid  have  been  from  year  to  year  assessed  by  this 
Court  for  their  proportion  of  the  Province  Tax,  in  case  of  their 
voluntary  return  to  their  subjection  to  this  Government,  no  part 
of  the  said  Tax  shall  be  required  of  them. 

And  to  prevent  all  pretence  of  further  exemption  from  Taxes  the 
Inhabitants  of  said  Towns  are  hereby  notified  and  warned  to  forbear 
payment  of  any  future  Taxes  to  the  Government  of  Connecticut, 
and  the  Selectmen  of  each  Town  are  required  to  give  in  a  List  of 
Polls  and  Estates  in  such  Town  to  the  Secratary's  Office  before  the 
Session  of  this  Court  in  May  next  in  order  to  their  being  assessed 
in  a  just  proportion  to  the  other  Inhabitants  of  the  Province;  and 
in  case  of  their  neglect  so  to  do,  the  said  Towns  shall  be  assessed  in 
such  proportion  to  the  other  Towns  of  the  Province  as  to  the  Gen- 
eral Court  shall  then  appear  to  be  reasonable.  And  the  payment  of 
all  Assessments  made  after  the  present  Session  of  this  Court  shall 
be  enforced  in  like  manner  as  by  Law  the  payment  of  Assessments 
upon  any  other  Inhabitants  of  this  Province  are  or  may  be  enforced. 

And  the  Sheriff  of  the  County  of  Hampshire  is  required  as  soon 
as  may  be  to  deliver  to  one  or  more  of  the  Selectmen  of  each  of  the 
Towns  of  Suffield,  Enfield  and  Somers :  and  the  Sheriff  of  the  County 
of  Worcester  is  required  in  like  manner  to  deliver  to  one  or  more  of 
the  Selectmen  of  the  Town  of  Woodstock  a  Copy  or  Copys  of  this 
Resolve  or  Order;  and  the  said  Selectmen  are  required  to  give  notice 
thereof  to  their  respective  Inhabitants.     \^Passed  February  25. 


314 


Province  IjA^s  {Resolves,  etc.) .  — 1767-68.  [Chaps,  191-193.] 


CHAPTEK    191. 


Legislative 
Becords  of  the 
Council, 
xxvii.,  251. 

186  J 

na),  pp. 


RESOLVE  ALLOWING   18/   TO  SAM^-  %VINCHEL. 

A  Petition  of  Samuel  Winchel  of  Egremont,  Praying  an  allow- 
ance for  three  days  Service  in  the  year  1757  &  1758  in  impressing 
nurses  &  furniture  for  the  Sick  Soldiers  by  Warrant  from  M'  Jus- 
tice Ashley,  for  which  he  hath  received  no  allowance. 

[Read  and] 

Resolved  That  the  prayer  of  the  Petition  be  granted,  and  that  the 
Sum  of  Eighteen  shillings  be  paid  out  of  the  Province  Treasury  to 
M'  Ephraim  Fitch  for  the  use  of  the  Petitioner  in  full  for  Services 
mentioned  in  his  Petition.     {^Passed  February  25. 


CHAPTER    192, 


Legislative 
Records  of  the 
Council, 
xxvii.,  252. 

House  Jour- 
nal, pp.  116, 187, 
190,  191. 


RESOLVE  IMPOWERING  PHEBE  EOBES,  ADM^,  TO   SELL  REAL  ESTATE. 

A  Petition  of  Phebe  Fobes  Admin^  of  the  Estate  of  her  late 
Husband  Abner  Fobes  of  Uxbridge  dec"*  Setting  forth  That  the 
debts  of  the  deceased  amount  to  £45.12.10  more  than  his  Personal 
Estate.  And  praying  that  she  may  be  impowered  to  sell  so  much  of 
the  Real  Estate  as  may  be  sufficient  to  discharge  the  said  debts. 

[Read  and] 

Resolved  That  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  in  her  said  capacity  be  and  hereby  is  impowered  to  make 
sale  of  so  much  of  the  Real  Estate  as  is  sufficient  to  discharge  the 
debts  mentioned  in  said  Petition,  and  make  good  deed  or  deeds  in 
Law  of  the  same:  giving  caution  to  the  Judge  of  Probate  of  Wills 
for  the  County  of  Worcester  that  the  proceeds  arising  by  said  Sale 
be  applied  for  the  purposes  mentioned  in  said  Petition.  \^Passed 
February  25. 


CHAPTER    193. 


Legislative 
Eecords  of  the 
Council, 
xxvii.,  254. 

Legislative 
Eecords  of  the 
Council, 
xxvii.,  242. 
House  Jour- 
nal, pp.  157, 192, 
196.    Ante, 
p.  293,  chap. 
146. 


ORDER  WITH    STAY    OF    EXECUTION    IMPOWERING   NATH"-  SEARS    TO 
HAVE   A  REHEARING  OF  AN  ACTION. 

The  Committee  appointed  the  24^''  Ins'  on  the  Petition  of 
Nathaniel  Sears  Praying  for  a  Rehearing  of  an  action  against  one 
Timothy  Nurse  having  made  Report  the  following  Order  passed 
thereon  viz' 

Read  and  accepted,  and 

Ordered  that  the  Petitioner  be  and  he  hereby  is  authorized  and 
impowered  to  have  a  rehearing  of  the  Action  mentioned  in  the  Peti- 
tion at  the  next  Inferior  Court  to  be  holden  at  Worcester  in  the 
County  of  Worcester  on  the  second  Tuesday  of  May  next;  and 
the  Justices  of  the  said  Court  are  hereby  directed  to  hear  and  try 
the  said  Action,  make  up  Judgment  and  Award  Execution  thereon 
as  fully  as  if  no  default  had  been  made;  and  that  Execution  on  the 
former  Judgment  be  stayed  in  the  mean  time.  Provided  the  said 
Sears  give  Bond  to  the  Sheriff  of  the  County  of  Suffolk  in  whose 


[2d  Sess.]     Province  Laws  {Besolves,  etc.).  — 1767-68.  315 

hands  the  execution  now  is,  for  the  payment  of  such  Sum  as  shall 
finally  be  recovered  of  him,  and  that  he  give  the  said  Timothy  Nurse 
notice  of  this  Order  at  least  fourteen  days  before  the  sitting  of  said 
Court.     [Passed  February  26. 


CHAPTBK    194, 


ORDER    ALLOWING    £5.  14.  6    TO    COM''™    ON    BRIDGE    OVER    WATERS     Legislative 

RIVER  IN  DANVERS.  Records  of  the 

Council, 
xxvli.,  265. 

The  Committee  who  went  by  order  of  the  General  Court  to  view  Archives 
the  Bridge  over  Waters  Eiver  in  Danvers  laid  before  the  Court  an  cxxi.,463'. 
account  of  their  time  Horse  hire  and  expences  in  said  business.         Legislative 

T>„„j    q^  Eecordsofthe 

iieaa  cs  council,  xxvi., 

Orderd  that  there  be  allowd  &  paid  out  of  the  publick  Treasury  J|^'.^.Jx'v!?"'37 

the  Sum  of  .five  pounds  fourteen  Shillings  &  six  pence  to  the  several  HiDuse'jour. 

Gentlemen  above  mentiond  according  to  their  several  Accounts.  °^'>pp-38,«, 

[Passed  February  26. 


CHAPTEE    195, 


ORDER  DIVIDING  A  TAX   OF   £5.  14.  6   AMONG   THE    TOWNS    OF    ESSEX     Legislative 

COUNTY  Becords  of  the 

Council, 
xxvli.,  255. 

OrtZerfZ  that  the  within  mentiond  Sum  [of  £5.14.6  allowed  to  the  Archives 
Committee  appointed  to  view  the  Bridge  over  Water's  River  in  Dan-  cxxi.,464.' 
vers]  be  added  to  the  Taxes  of  the  several  Towns  in  the  County  of  House  jour. 
Essex  in  the  next  Tax  Act,  unless  this  Court  shall  then  otherwise  'supfd.^chkp. 
order.     [Passed  February  26.  is*- 


CHAPTEK    196. 

RESOLVE    IMPOWERING   SARAH   BARNARD,  ADM^,  TO  SELL  AN    ESTATE 
AND   MAKING  PROVISION   IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Sarah  Barnard  Admin^  of  the  Estate  of  her  late  Legislative 
Husband  George  Barnard  of  Princetown  deceased     Setting  forth,  counc'if  "*  "^* 
That  the  deceaseds  Personal  Estate  is  insufficient  to  pay  his  just  xxvu.,  251. 
debts:  that  his  Real  Estate  was  apprized  at  Forty  pounds  and  that  House  Jour- 
it  will  take  near  two  thirds  of  that  Sum   to  discharge   the   said  i^i^'MB.^^prffv*. 
debts  and  the  usual  charges  &  allowances.   And  Praying  that  she  jfigV'^^^' 
may  be  impowered  to  make  Sale  of  the  said  Real  Estate,  she  to  be  10.'     '*^  °'^' 
accountable. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted  and  that 
the  Petitioner  be  and  she  is  hereby  impowered  to  make  Sale  of  the 
Premises  mentioned  in  this  Petition  for  the  most  it  will  fetch,  and 
to  make  &  execute  a  good  deed  or  deeds  in  Law  to  the  purchaser  or 
purchasers,  she  observing  the  Rules  and  directions  of  the  Law  for 
the  Sale  of  Real  Estates  by  Executors  and  Admin",  reserving  the 
interest  of  one  third  of  the  proceeds  of  such  Sale  for  her  own  use 


316  Province  Laws  (Besolves, etc.).  — 1767-68.  [Chaps.  197,  198.] 

during  her  natural  life,  and  giving  caution  to  the  Judge  of  Probate 
for  the  County  of  Worcester  that  the  other  two  thirds  of  the  said 
proceeds  be  applied  so  far  as  shall  be  necessary  for  the  payment  of 
the  said  deceaseds  Just  debts,  and  that  the  remainder,  if  any  there 
be,  be  paid  to  the  lawful  Heirs  of  said  deceased  or  their  Guardians, 
and  that  at  the  decease  of  the  said  Widow  the  third  part  aforemen- 
tioned be  alike  distributed  amongst  said  Heirs  agreable  to  the  direc- 
tion of  the  Law.     [Passed  February  29.^ 


CHAPTER    197, 


ORDER  ALLOWING   £L  16    TO   SASI'-  DAKIN,  EXEC=. 

Hefords  ouhe       ^  PETITION  of  Samuel  Dakin  Exec'  of  his  Fathers  last  Will  and 
Councii,_  Testament;  setting  forth     That  his  said  Father  being  in  the  pay 

xxYii.,      — _  ^j  ^j_^^  Province  in  his  Majesty's  Service  carried  his  own.  Gun  with 
naCpp."ii9!^i97.  him  and  the  same  was  then  lost.  And  praying  that  agreable  to  the 

encouragement  at  that  time  given  by  the  Government,  he  may  be 

allowed  the  value  of  the  Gun  lost  as  aforesaid. 
Eead  & 
Ordered  that  the  Sum  of  One  pound,  sixteen  shillings  be  allowed 

and  paid  out  of  the  public  Treasury  to  Charles  Prescot  Esq'  for  the 

use  of  the  Petitioner  in  full  for  the  loss  of  his  Gun  mentioned  in 

the  Petition.     [Passed  Fehrtoary  29. 


CHAPTER    198. 

RESOLVE   CONFIRMING    THE    PROCEEDINGS    AT    A    MEETING    OF    THE 
FIRST  PARISH   IN  HAVERHILL. 


Legislative 
Becords  of  the 
Council, 
xxvll.,  258. 

House  Jour- 
nal, pp.  107, 200. 


A  Petition  of  Isaac  Osgood  and  others  of  the  first  Parish  in 
Haverhill  Setting  forth.  That  the  said  Parish  at  their  Annual 
Meeting  in  March  1765  made  choice  of  three  Assessors,  and  of  the 
same  persons  to  be  a  Committee  to  warn  Parish  Meetings  &c;  That 
the  said  Committee  without  taking  the  Oath  required  by  Law  re- 
specting the  other  Government  Bills  proceeded  to  warn  a  Meeting 
of  said  Parish  on  the  20""  day  of  May  then  next  after;  at  which  Meet- 
ing the  Parish  pursuant  to  said  warning  met  and  voted  to  Build  a 
new  Meeting  house,  and  for  that  purpose  to  raise  by  way  of  Tax 
on  the  Polls  and  Estates  of  the  Inhabitants  belonging  to  said  Parish 
the  Sum  of  Three  hundred  pounds  and  chose  a  Committee  to  build 
the  said  Meeting  House,  who  proceeded  to  build  the  same,  and  pur- 
suant to  the  directions  of  the  Parish  more  than  One  thousand  pounds 
Old  Tenor  have  been  expended  upon  it,  but  that  some  persons  dis- 
pute the  legality  of  the  said  March  Meeting  and  of  all  things  done 
in  consequence  thereof,  because  the  said  Assessors  did  not  then  take 
the  forementioned  Oath,  altho'  they  did  it  on  the  Sl^'  day  of  May 
following,  whereby  the  affairs  of  the  Parish  are  like  to  be  greatly 
embarrassed.  And  praying  the  interposition  of  this  Court  for  their 
Eelief. 

'  This  date  is  according  to  the  House  Journal;  according  to  Legislative  Records  of  the 
Council  the  date  is  February  25. 


[2d  Sess.]     Frovwce  Laws  {Besolves,  etc.) .  —  1767-68.  317 

[Read  and] 

Resolved  That  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Parish  Meeting  mentioned  in  said  Petition  be  and  hereby  is,  to 
all  intents  and  purposes  held  valid,  notwithstanding  the  Parish  Com- 
mittee omitted  to  take  the  Money  Oath  as  by  Law  required  previous 
to  their  warning  said  Meeting.  Provided  nevertheless  that  no  Action 
commenced  before  the  passing  of  this  Resolve  and  founded  on 
the  illegality  of  said  Meeting  shall  in  any  wise  be  affected  hereby. 
{^Passed  February  29. 


CHAPTEK    199. 

RESOLVE  IMPOWERING  JERUSHA  FENNO,  ADM'=,  TO  SELL  REAL  ESTATE 
AND   MAKING  PROVISION   IN   REGARD    TO   THE   PROCEEDS. 

A  Petition  of  Jerusha  Fenno  Widow  and  Admin^  of  the  Estate  Legislative 
of  Joseph  Fenno  deceased  Intestate    Setting  forth     That  the  said  ^SScff."**"* 
Joseph  died  siezed  of  several  Tracts  of  Land  some  lying  in  Milton,  xxvu.,  259. 
but  the  far  greater  part  in  Stoughton;  that  one  Tract  with  the  House  Jour- 
Buildings  on  it,  is  held  in  common  with  others  and  incapable  of  province^"' ^^  ' 
a  Division,  and  that  the  Fences  on  the  whole  are  greatly  out  of  ciriT'io'' ^°^' 
Repair  insomuch  that  it  would  take  the  whole  Income  for  a  num- 
ber of  years  to  effect  the  Repairs;  that  she  hath  two  small  Infants 
and  is  in  expectation  of  a  third  to  provide  for,  which  she  is  inca- 
pable of  doing  out  of  the  Estate.  And  praying  that  she  may  be  im- 
powered  to  sell  the  same  and  place  the  Money  arising  from  said  Sale 
at  interest  for  the  benefit  of  the  said  Children. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  sell  the  whole  of  the  Real 
Estate  therein  mentioned  for  the  most  the  same  will  fetch.  She  ob- 
serving the  Rules  of  the  Law  for  the  Sale  of  Real  Estates  by  Exec- 
utors and  Admin"  and  giving  sufficient  security  to  the  Judge  of 
Probate  for  the  County  of  Suffolk  that  the  proceeds  of  said  sale  be 
secured  for  the  Heirs  of  the  deceased,  reserving  one  third  part  of 
the  interest  of  the  Money  arising  therefrom  for  the  use  of  the  Peti- 
tioner during  her  natural  life  in  lieu  of  her  right  of  Dower  in  s* 
Estate.      l^Passed  February  29. 


CHAPTEK    200. 

RESOLVE  IMPOWERING  BENJ'^  BURT,  GUARDIAN,  TO  SELL  A  MINORS' 
INTEREST  IN  LAND  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Benjamin  Burt  Guardian  of  Joseph,  Martha  and  E^^^'rc!''^? th 
Susanna  Howland  Minors  and  Children  of  Nathaniel  Howland  late  councif, 
of  Boston  Mariner  deceased     Setting  forth     That  the  said  Minors  -^-'^''"-  -J^- 
are  interested  in  a  certain  Tract  of  Land  lying  in  Granville  contain-  ^^'l"pp"'^8yi93 
ing  about  800  Acres,  being  in  a  Wilderness  state  and  wholly  unim-  ue.'aos'. 
proved.  That  all  the  other  persons  interested  in  s"*  Lands  are  desirous    , 
of  selling  it.  And  Praying  that  he  may  be  impowered  to  sell  the  said 


318 


PROvmcE  L,A\\s{Iiesolves,etc.).  — 1767-68.  [Chaps.  201,  202.] 


Minors  interest  in  said  Land  and  to  execute  a  legal  deed  thereof  to 
the  jjurchaser  or  purchasers. 

[Read  and] 

liesolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  in  his  said  capacity  to  sell 
said  Minors  Right  in  the  Land  mentioned  in  the  Petition  to  the 
best  advantage  and  join  with  other  owners  of  s^  Land  in  giving  a 
good  deed  or  deeds  of  the  same  to  the  purchaser  or  purchasers,  and 
put  the  money  arising  therefrom  to  interest  on  good  security,  and 
give  caution  to  the  Judge  of  Probate  for  Suffolk  County  that  both 
principal  and  interest  be  paid  to  said  Minors  viz'  to  the  Male  when 
he  shall  arrive  at  lawful  age,  and  to  the  Female  when  they '  shall 
respectively  arrive  at  lawful  Age  or  day  of  marriage.  \_Passecl  Feb- 
ruary 29.' 


CHAPTEK    201, 


RESOLVE    IMPOWERING    BENJ'^   "WISER,   INDIAN,   ADM=,   TO    SELL    LAND 
AND  MAKING  PROVISION  IN  REGARD   TO  THE   PROCEEDS. 


Legislative 
Hecords  of  the 
Council, 
xxvU.,  244. 
Mass. 
Archives, 
xxxiii.,  421. 

House  Jour- 
nal, pp.  93, 185, 
186.    Province 
Laws,  11. ,151, 
chap.  10;  xvl., 
209,  chap.  6; 
241,  chap.  76, 
note. 


A  Petition  of  Benjamin  Wiser  Indian  planter  of  Worcester 
Admin''  of  the  Estate  of  Samuel  Tobumso  of  Natick  Setting 
forth.  That  there  remains  of  the  Estate  of  the  said  Samuel  about 
six  Acres  and  a  half  of  Land  unsold;  that  he  is  Heir  to  a  part 
of  the  same  and  has  an  Execution  now  out  against  him.  And  pray- 
ing that  he  may  be  impowered  to  sell  the  said  Land;  he  to  be  ac- 
countable. 

[Read  and] 

Resolv''d  that  the  Prayer  of  this  Petition  be  granted  and  that  the 
Petitioner  be  and  hereby  is  impowerd  in  his  Said  Capacity  under 
the  Direction  of  the  Guardians  of  the  Natick  Indians  to  make  Sale 
of  the  Lands  within  mentiond  and  give  a  good  Deed  or  Deeds  thereof 
to  the  Purchaser  or  Purchasers  of  the  Same  he  Observing  the  Rules 
and  Directions  of  the  Law  for  selling  Real  Estates  by  Executors  and 
Adm'^  and  giving  Caution  to  the  Judge  of  Probate  of  Wills  &c  for 
the  County  of  Middlesex  that  the  Money  arising  from  Said  Sale 
besides  what  belongs  to  the  Petitioner  Shall  be  paid  into  the  Hands 
of  the  Guardians  for  the  Natick  Tribe  of  Indians  for  the  use  And 
Benefit  of  the  Other  Heirs  to  the  Said  Land.     [Passed  March  1. 


CHAPTER    202. 

RESOLVE  CONFIRMING  THE  APPOINTMENT  OF  A   COLLECTOR   OF   TAXES 
IN   THE   TOWN   OF   STOUGHTON. 


Legislative  A  PETITION  of  Benjamin  Bird  and  Others  Selectmen  of  Stough- 

councii^"     *  ton     Setting  forth     That  Seth  Pierce  who  had  been  Collector  of 

xxvii.,  261. Taxes  in  s'^  Town  for  divers  years  is  reduced  in  his  circumstances 

nai"pp!ma25-  ^^^  incapable  of  collecting  the  Rates  committed  to  him  for  the 
years  1763-64-65  and  66  there  being  considerable  Arrearages  still 

>  Sic. 

'  This  date  is  according  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  March  4. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  319 

due  for  said  years.  And  praying  that  James  Hawks  Lewis  the  pres- 
ent Collector  of  Taxes  for  said  Town  may  be  impowered  to  compleat 
the  Collections  for  the  several  years  beforementioned. 

Eead  and 

Resolved  That  the  prayer  of  the  Petition  be  granted  and  that  the 
within  named  James  Hawks  Lewis  chosen  by  the  Town  of  Stough- 
ton  a  Collector  in  the  room  of  Seth  Pierce  be  and  hereby  is  author- 
ized and  impowered  to  finish  and  compleat  the  collections  of  the 
Taxes  that  remain  unpaid  on  the  several  Rate  Bills  committed  to 
the  said  Seth  Pierce  to  collect  in  the  years  1763-1764-1765  &  1766 
and  pay  in  the  same  accordingly  to  the  respective  Treasurers  as  soon 
as  may  be.     \^Pass6d  March  1. 


CHAPTEK    203. 

KESOLVE    IMPOWERING    JON*    BATCHELDER,   GUARDIAN,   TO    SELL    AN 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Jonathan  Batchelder  of   Beverly  Guardian  of  Legislative 
Samuel  Kimball  and  Phcebe  Kimball  Minors  two  of  the  Heirs  of  coundf, °' ""* 
Benj''  Kimball  late  of  Wenham  dec"  Intestate    Setting  forth    That  '^^^"-  '^"i- 
the  deceaseds  Personal  Estate,  it  is  supposed  will  not  nett  more  ^ai"^'^/r2'^i94 
than  Forty  or  Fifty  pounds:  that  he  died  seized  of  a  Real  Estate  Province'' 
apprized  at  Five  hundred  eighty  eight  pounds  6/8.   That  he  left  ^ifaT'i".'' ^^^' 
three  other  Children  who  are  of  age  and  desirous  of  selling  their 
interests  in  said  Estate  which  lies  in  six  several  parcels  lying  partly 
in  Ipswich  and  partly  in  Wenham.  That  the  Estate  would  not  fetch 
near  so  much  in  case  of  a  Division  as  it  will  iutire,  and  that  the 
Interest  of  the  money  it  will  sell  for,  will  be  double  the  produce  of 
the  Rents.  And  praying  that  he  may  be  impowered  to  make  Sale  of 
the  two  sixth  parts  of  the  said  Estate  belonging  to  the  two  minors 
aforesaid. 

[Read  and] 

Resolved  That  the  Petitioner  be  and  he  hereby  is  impowered  to 
sell  and  dispose  of  the  Interest  of  the  minors  withinmentioned  in 
the  Estate  withinmentioned  for  the  most  the  same  will  fetch,  and 
execute  a  deed  thereof  to  the  purchaser,  He  observing  the  rules  of 
the  Law  for  the  Sale  of  Real  Estate  by  Executors  and  Admin"  and 
giving  Bond  to  the  Judge  of  Probate  for  the  County  of  Essex  that 
the  proceeds  of  said  Sale  be  secured  for  the  benefit  of  the  said 
Minors.     [Passed  March  1. 


CHAPTEE    204. 

RESOLVE  CONFIRMING  A  PLAN  OF  500  ACRES  OF  EQUIVALENT  LAND  TO 
SAM"-  WATTS,  ESQ",  &  OTHERS. 

Samuel  Watts  Esq"  and  Others  returned  a  Plan  of  500  Acres  of  Legislative 
Land  granted  them  on  the  13'"  of  March  1767  bounding  South  on  c^Snclf."^"'^ 
a  Grant  made  to  Dwight  and  Worthington  and  Others  Proprietors  xxvu.,  262. 
of  N°  3  partly  and  partly  on  Province  Lands  and  partly  on  a  Grant  J.'aTT 'ue'^iaT 
made  to  Mess"  Story  Dawes  and  Peter  Roberts;  East  on  said  Dawes's  im,' 195,205.    ' 


320 


Province  Laws  (iJesoZves.ete.).  — 1767-68.  [Chaps.  205,  206.] 


chap. §12^"'  Gi'ant  partly,  and  partly  on  Province  Land,  North  and  AVest  on 
Province  Land;  Surveyed  and  laid  out  in  the  unappropriated  Lands 
North  of  Williamsburgh  in  the  County  of  Berkshire. 

^  Nath"-  Dwight  Surveyor. 

[Eead  and] 

Resolved  that  the  annexed  Plan  of  five  hundred  Acres  of  Land 
delineated  and  described  as  it  is  set  forth  therein  be  accepted  and 
hereby  is  confirmed  to  Samuel  Watts  Isaac  Royall,  Thomas  Hub- 
bard, James  Otis,  John  Chandler,  Joseph  Wilder  and  Caleb  Dana 
Esq"  and  to  John  Erving  Esq'  the  Assignee  of  Isaac  Freeman  and 
to  the  Heirs  of  Thomas  Hancock  Esq'  Assignee  of  Joseph  Richards 
the  present  Proprietors  of  Royalston,  their  Heirs  and  Assigns  in  lieu 
of  and  in  full  satisfaction  for  their  loss  of  Four  hundred  acres  of 
Land  claimed  by  Samuel  Hunt  and  others  Provided  said  Plan  doth 
not  exceed  the  quantity  of  five  hundred  Acres,  nor  interfere  with 
any  former  Grant.     [Passed  March  1. 


CHAPTEK    205. 


LegislatlTe 
Records  of  the 
Council, 
xxvii.,  263. 
Mass. 
Archives, 
Ixvi.,  429. 

Legislative 
Becords  of  the 
Council, 
xxvll.,  244. 
House  Jour- 
nal, pp.  151,154, 
189,203,211. 
Province 
Laws,  iv.,  1004, 
note.    Ante, 
p.  311,  chap. 


ORDER  DIRECTING  THE  COMMITTEE  APPOINTED  FOR  BUILDING  PLYM- 
OUTH LIGHT  HOUSE  TO  BUILD  THE  SAME  ON  THE  GURNET  NEAR. 
THE   HARBOUR. 

Orderd  that  the  Committee  appointed  to  build  a  Lighthouse  near 
Plymouth  Harbour  be  &  hereby  are  directed  &  impowerd  to  build 
an  House  for  that  Purpose  on  the  Gurnet  near  Plymouth  Harbour 
of  the  following  Dimensions  viz  thirty  feet  long,  twenty  feet  high 
and  fifteen  feet  wide;  with  a  Lanthorn  at  each  End,  to  be  large 
enough  for  two  Lamps  with  four  large  Wicks  in  each  Lamp:  The 
House  to  be  built  of  Wood,  and  the  Materials  for  the  Lanthorns  as 
usual.  And  the  Committee  are  further  impowerd  to  agree  with  the 
Owner  of  the  Land  at  the  Gurnet  for  the  Privilege  of  building  a 
house  there,  &  take  Security  for  such  Privilege.     [Passed  March  1. 


CHAPTER    206, 


ORDER  ACCEPTING  THE  REPORT  CONCERN"  SALE  OF  MORTGAGE  LANDS 
IN  COUNTY  OF  PLYMOUTH,  AND  DISCHARGING  THE  COMMITTEE  OF 
MONEY  AND   BONDS  DEPOSITED   WITH  THE   PROVINCE   TREASURER. 


Legislative 
Records  of  the 
Council, 
xxvii.,  263. 
Mass. 
Arclilves, 
xlvi.,  564. 

Mass. 
Archives, 
xlvi.,  563. 
House  Jour- 
nal, pp.  12.5, 185, 
188,204.    Ante, 
p.  95,  chap.  198; 
p.  212,  chap. 
§16. 


The  Committee  appointed  by  the  Great  and  General  Court  Feb'' 
12.  1766  to  make  sale  of  such  of  the  Province  Lands  as  were  for- 
feited to  said  Province  in  the  £100,000  Loan  in  the^  County  of  Plym- 
outh and  by  Order  of  said  Great  and  General  Court  February  ll"* 
1767  after  they  had  reported  were  Ordered  to  sit  again  and  firnish 
the  whole  affair,  have  attended  that  Service  and  beg  leave  to  report 
as  follows  viz' 

That  as  to  the  Lands  Mortgaged  by  Timothy  Stetson  dec''  and- 
afterwards  sold  to  Ebenezer  Hathaway  and  Benj"  Greenell  of  Free- 
town, they  appeared  and  resigned  part  of  the  Lands  which  the  Com- 
mittee disposed  of  to  Joseph  Harris  and  have  taken  Bonds  of  said 
Hathaway,  Greenell  and  Harris  with  Sureties  for  the  whole  of  the 


[2d  Sess.]     Province  Laws  (Besolves,  etc.).  — 1767-68.  321 

Money  priucipal  and  Interest  due  to  the  Province:  And  with  regard 
to  the  Lands  Mortgaged  by  Isaac  Barker  of  Pembroke  the  Heirs  of 
the  said  Barker  appeared  and  gave  Bonds  for  both  principal  and 
Interest  of  what  appeared  to  your  Committee  due  on  said  Mortgage. 
And  as  to  the  Land  in  Eochester  Mortgaged  to  Joseph  Prince  and 
since  sold  to  John  Pitcher  and  Joseph  Hoskins,  we  have  also  settled 
with  them  and  taken  their  Bond  for  what  we  could  prevail  with 
them  to  pay.  Your  Committee  have  discharged  the  several  Mort- 
gages mentioned  and  the  Bonds  which  are  taken  to  the  Province 
Treasurer,  together  with  the  Money  received  have  delivered  to  said 
Treasurer  which  is  as  follows  viz' 

Cash  Received  of  Ebenezer  Hathaway £2.  8 

One  Bond  of  ditto 26.  12 

One  Bond  of  Benjamin  Greenell 13.  13.     4 

One  Bond  of  Joseph  Harris 33.  6.     8 

One  Bond  of  Prince  Barker 16.  16.     4 

One  Bond  of  Samuel  Gould 8.  3.     2 

One  Bond  of  Nathaniel  Little 4.  1.     7 

One  Bond  of  said  Pitcher  and  Hoskins 8 

£113.     1.     1 

And  your  Committee  after  the  most  careful  and  diligent  Search 
can  find  no  other  Lands  Mortgaged  in  said  Loan,  but  what  are  dis- 
charged and  the  monies  due  to  the  Province  paid.  All  which  Is  hum- 
bly submitted  Gamaliel  Bradford  By  Order 

N.B.     The  above  Bonds  are  payable  the  3"  of  Novem'  next. 

Eead  &  accepted 

And 

Ordered  That  the  Comittee  be  discharged  of  the  money  and 
Bonds  which  they  have  deliverd  to  the  Province  Treasurer.  [Passed 
March  1. 


CHAPTER    207. 

RESOLVE    IMPOWERING    AMARIAH    BIGLO,   GUARDIAN,   TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Amafiah  Biglo  of  Shrewsbury  Guar*  of  Solomon  Legislative 
Flagg  a  person  Noncompos  mentis     Setting  forth,  That  the  said  conncl?"*"'^ 
Solomon  is  possessed  of  about  fifty  Acres  of  unimproved  Land  in  xxvii.,  its. 
Brookfield  and  one  Moiety  of  thirteen  Acres  lying  in  Shrewsbury  House  Jour, 
in  common  with  his  Brother  Jotham  Flagg.  And  as  the  said  Solo-  i87','2(5'.^'pro^; 
mon  is  incapable  of  maintaining  himself  and  the  Lands  bring  in  ijj^^a"^^"'' 
nothing,  so  that  the  Petitioner  is  in  advance  for  him     Praying  that 
he  may  be  impowered  to  make  Sale  of  the  said  Lands  for  the  ben- 
efit of  the  said  Solomon. 

[Read  and] 

Resolved  That  the  prayer  of  the  foregoing  Petition  be  granted 
and  that  the  Petitioner  is  hereby  impowered  in  his  said  capacity  as 
Guardian,  to  make  Sale  of  the  Premises  for  the  most  the  same  will 
fetch,  and  to  make  and  execute  a  good  deed  or  deeds  thereof  in  Law 
he  observing  the  Rules  of  Law  for  the  Sale  of  Real  Estates  by  Ex- 
ecutors and  Admin"  and  giving  proper  caution  to  the  Judge  of 
Probate  for  the  County  of  Worcester  that  the  proceeds  of  said  Sale 
be  put  on  Interest  for  the  use  and  benefit  of  the  within  named  Sol- 
omon Flagg  so  long  as  he  shall  remain  Noncompos,  and  in  case  he 


322 


Pkovinoe  Laws  {Resolves,  etc.).  — 1767-68.     [Chap.  208.] 


should  be  restored  to  his  right  mind,  that  then  the  principal  Sum  or 
so  much  thereof  as  shall  not  necessarily  be  expended  for  his  sup- 
port be  paid  to  him  or  otherwise  to  his  lawful  Heirs  at  his  decease. 
[Passed  March  2. 


CHAPTER    208. 


lieglslative 
Records  of  the 
Council, 
xxtU.,  266. 
Mass. 

Archives,  Iv., 
291. 

House  Jour- 
nal, p.  208. 
Province 
Laws,  1.,  1. 
Ante,  p.  291, 
chap.  140. 


RESOLVES  RELATING  TO  THE  NEW   YORK  LINE. 

Resolved,  That  this  Province  hath  at  all  Times  treated  that  of 
New  York  "  with  Candor  and  Generosity:  "  and  from  the  Moment 
his  Majesty's  Pleasure  graciously  recommending  an  amicable  Settle- 
ment was  signified  by  one  of  his  Majesty's  principal  Secretary's  of 
State;  this  Business  on  the  Part  of  Massachusetts  Bay,  has  in  all 
Eespects  been  conducted  on  the  Principles  of  Equity  and  Modera- 
tion: It  seems  therefore  very  extraordinary,  that  the  assembly  at 
New  York  should  so  suddenly  conclude,  that  "all  Hopes  of  a 
friendly  agreement  will  be  frustrated "  by  a  Proviso  in  the  last 
Resolves  here.  Viz'  "That  Nothing  shall  be  understood  to  preju- 
dice the  Right  of  this  Province  to  Lands  to  the  Westward  of  the 
Province  of  New  York."  This  Province  has  made  no  new  nor  im- 
moderate Claim.  The  Proviso  objected  against  may  be  fully  vindi- 
cated by  the  Charter  of  this  Province.  It  thence  plainly  appears 
that  the  Proprietors  of  Massachusetts  Bay  purchased  of  the  Coun- 
cil of  Plymouth,  and  have  confirmed  to  them  with  Jurisdiction  all 
the  Land  within  the  North  and  South  Limits  of  the  ancient  Colony 
of  Massachusetts-Bay,  from  the  Atlantic  Ocean  to  the  South  Sea: 
Such  Lands  only  excepted,  as  were  in  the  Possession  of  any  Chris- 
tian Prince  or  State,  on  the  third  Day  of  November  A:D:  1630. 
Grants  indeed  have  been  made  by  the  Crown  of  Lands,  which  prob- 
ably in  Part,  or  in  the  whole,  may  fall  within  the  Limits  of  this 
Province.  But  when  it  is  considered  that  such  Grants  are  posterior 
to  the  Charter  of  Massachusetts,  it  may  well  be  questioned  if  they 
are  not  so  far  void.  But  should  the  Right  of  New  York  to  any  Part 
of  the  Lands  West  of  Hudsons  River  from  equitable  Considerations 
be  admitted ;  Yet  as  that  Province  can  make  no  Pretence  to  a  West- 
ern Boundary  of  equal  Extent  to  that  of  Massachusetts  Bay,  they 
can  with  no  Propriety  object  to  the  said  Proviso  made  here  which 
amounts  to  no  more  than  that  in  a  Settlement  of  the  controverted 
Eastern  Boundary  of  New  York,  the  Massachusetts  Title  to  Lands 
lying  West  of  the  Province  of  New  York  shall  not  be  affected.  The 
Controversy  between  this  Province  and  New  York  having  hitherto 
been  confined  to  the  Eastern  Boundary  of  New- York,  that  Boundary 
cannot  be  affected  by  the  said  Proviso  :  Whereas  had  this  Claim  been 
passed  over  in  Silence,  it  might  have  been  prejudicial  to  this  Prov- 
ince at  some  future  Period,  and  the  inserting  it  could  do  no  possible 
Harm.  This  Province  have  never  been  anxious  to  extend  their  Claims 
to  vast  Tracts  of  uncultivated  Country,  nor  have  they  ever  cantoned 
out  the  Province  into  Manors  and  Lordships,  to  lie  Dormant  and 
useless  to  the  Community.  On  the  Contrary,  it  has  ever  been  the 
Practice  of  y^  Goverment  to  grant  Lands  to  such  of  its  Inhabitants 
as  would  undertake  effectually  to  settle  the  same.  No  good  Cause 
can  at  present  be  assigned  why  this  Province  should  relinquish  their 
Title  and  Claim  to  the  Lands  West  of  Hudsons  River  to  the  Gov- 
ernment or  Proprietors  of  any  particular  Colony:  Yet  as  it  may  be 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1767-68.  323 

in  his  Majesty's  gracious  Intention  to  settle  divers  new  Colonies  in 
the  Western  Parts  of  this  Continent;  and  as  it  is  manifestly  for  the 
common  Good  of  the  British  Empire,  that  the  Limits  of  the  several 
Colonies  should  be  ascertained :  In  Order  therefore  to  demonstrate 
not  only  the  Duty  and  Loyalty  of  this  Province  in  conforming  to 
his  Majesty's  Pleasure,  but  to  give  a  full  Proof  of  their  Moderation 
and  Candor,  intreating  with  their  Sister  Colonies  in  general,  and 
with  New  York  in  particular;  and  to  remove  every  Difficulty  in  the 
Way  of  an  equitable  Settlement  of  the  Western  Boundary  between 
this  Province  and  New  York: 

It  is  further 

Resolved,  That  this  Province  stands  ready  to  surrender  and  relin- 
quish to  his  Majesty  his  Heirs  and  Successors  all  Eight,  Title  and 
Estate,  Jurisdiction  and  Property  in  or  over  any,  and  all  the  Lands 
to  the  Westward  of  Hudsons  River,  on  the  amicable  Settlement  of 
the  Eastern  Boundary  aforesaid,  and  the  Confirmation  thereof  by 
his  Majesty  in  Council  And  as  this  Court  are  still  disposed  to  finish 
this  Controversy  with  New  York  in  the  most  amicable  Way,  and  to 
comply  with  every  reasonable  Proposal  on  the  Part  of  New  York : 

It  is  further 

Resolved,  That  the  Commissaries  on  the  Part  of  this  Government, 
be  fully  empowered  by  an  Act  or  Law  to  be  passed  for  that  Purpose, 
to  continue  the  Conference  with  the  Commissaries  on  the  Part  of 
New  York,  at  such  Time  and  Place  as  they  shall  mutually  agree 
upon;  and  to  make  a  final  Settlement  of  the  Boundary  between  the 
two  Provinces:  and  that  his  Excellency  the  Governor  be  desired  to 
transmit  a  Copy  of  these  Resolves  to  his  Excellency  Governor  Moore. 
\^Passed  March  2. 


CHAPTER    209. 

RESOLVE    GRANTING    1,600    ACRES    OF    EQUIVALENT    LAND    TO    EBEN" 
HARTSHORN  AND   OTHERS. 

A  Petition  of  Ebenezer  Hartshorn  of  Concord  Setting  forth   That  Legislative 
he  formerly  served  in  the  Wars  against  the  French  and  Indian  Enemy,  councif,"'  ""* 
particularly  in  the  years  1709  and  10  and  afterwards  in  the  year  1722,  jj^^'g'--  '■'*^- 
in  consideration  of  which  the  General  Court  was  pleased  to  make  a  Archives, 

Grant  of  Lands  to  him  with  others  who  had  thus  served ;  besides  ^''''•'  ^^^' 

which  he  bought  the  Rights  of  several  of  his  fellow  Soldiers ;  and  Archives 
the  Lands  that  were  laid  out  to  satisfy  this  Grant  were  afterwards  ^i'>''.-' s^s. 
by  the  running  of  the  Line  taken  into  New  Hampshire,  and  by  that  Eecorcis  of  the 
means  lost  to  the  Grantees,  in  lieu  whereof  he  was  to  have  four  ^""House''^''' 
Rights  of  400  Acres  each  in  a  Township  granted  by  the  House  of  ''""^Jn'if.j,  nni 
Representatives  in  1765  to  be  laid  out  on  the  East  of  Saco  River,  ^^'     '     ' 
which  Grant  not  passing  the  whole  Court,  he  has  as  yet  had  no 
equivalent.  And  praying  Relief 

[Read  and] 

Resolve'd  that  there  be  and  hereby  is  granted  to  the  Petitioner 
his  Heirs  and  Assigns  forever  Sixteen  hundred  acres  of  the  iTnap- 
propriated,  Lands  in  this  Province;  Or  five  hundred  acres  in  the 
western  parts  of  this  Province  at  his  Ellection,  in  full  Considera- 
tion of  his  Services  Sulferings,  and  Purchase,  in  his  Petition  men- 
tion'd  —  four  Hundred  Acres  in  his  Own  right,  four  hundred  Acres  in 
the  right  of  Peter  Hunt  four  hundred  Acres  in  the  right  of  Lazarus 


324 


Province  Laws  {Resolves,  ete.).  — 1767-68.  [Chaps.  210,  211.] 


Mansfeild  &  four  hundred  Acres  of  William  Mansfeild  provided  he 
the  said  Hartshorne  or  his  Heirs  &c  Return  a  plan  thereof  to  this 
Court  Taken  by  a  surveyor  &  chainnien  under  Oath  in  Twelve 
months  from  this  day  for  Confirmation.     [Passed  March  2. 


CHAPTER    210, 


RESOLVE  IMPOWERING   PATTY  PEGUN,  INDIAN,  TO   SELL  LAND. 


Legislative 
Eecords  of  the 
Council, 
xxvU.,  274. 
Mass. 
Archives, 
xxxill.,  419. 

Mass. 
Archives, 
xxxUl.,  418. 
House  Jour- 
nal, pp.  26,  47, 
133.    Province 
Laws,  xvi.,  241, 
chap.  76,  note. 


A  Petition  of  Patty  Pegun  of  Natick  Indian  Woman  Setting 
forth,  That  she  sometime  since  with  the  consent  of  the  Indian's 
Guardians  made  sale  of  a  Lot  of  Land  in  Natick  containing  eleven 
Acres  and  four  rods,  with  the  proceeds  of  which  she  discharged  her 
debts,  but  to  her  surprize  it  afterwards  appeared  that  the  said  Land 
belonged  to  Esther  Freeborn  and  Mary  Hurd,  the  amount  whereof 
was  £23.6.8.  And  Praying  that  she  may  be  impowered  to  sell  so 
much  of  her  unimproved  Lands  in  Natick  as  shall  be  sufficient  to 
raise  the  said  Sum  of  £23.6.8  and  charges  of  sale,  the  proceeds  to 
be  applied  to  compensate  for  the  Sale  of  the  said  Lot  under  the 
directions  of  the  said  Guardians. 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted,  and  that  Patty 
Pegun,  the  Petitioner,  be  &  hereby  is  impowered,  with  the  Advice 
&  Direction  of  the  Guardians  of  the  Natick  Indians,  to  make  Sale 
of  so  much  of  her  Land  in  said  Natick,  not  under  Improvement,  as 
will  amount  to  the  Sum  of  23.6.8  and  Charges  of  Sale,  and  to  make 
and  execute  a  good  Deed  or  Deeds  in  the  Law  of  the  same;  and  that 
the  Proceeds  of  the  Sale  be  applied  by  the  said  Guardians  for  the 
Purpose  mentioned  in  the  Petition.     \_Passed  March  3. 


CHAPTER    211. 

VOTE   ALLOWING  THE    ACCOUNT    OF    THE    GUARDIANS    OF    Y^  DUDLEY 
INDIANS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  278. 
Mass. 
Archives, 
xxxill.,  463. 

House  Jour- 
nal, p.  206. 


Laws,  xvi.,  241, 
chap.  76,  note; 
693,  chap.  283; 
xvU.,  307, 
chap.  184. 


An  account  of  the  Guardians  of  the  Dudley  Indians  was  laid 
before  the  Court,  Signed  Edward  Davis  ^  the  Guar'^^ 

Which  Account  having  been  examined  by  a  Committee,  they 
reported  thereon  That  they  had  examined  the  same  and  find 
them  right  cast  &  well  vouched,  and  that  they  have  received  of 
the  said  Indian's  Money  the  Sum  of  Eighty  six  pounds  since  March 
AD  1763  and  have  paid  out  for  their  use  and  benefit  to  sundry 
Doctors  Bills,  Nurses,  Provisions  &c  &c.  the  Sum  of  Ninety  one 
pounds,  sixteen  shillings  and  one  penny;  so  that  the  said  Guar- 
dians are  in  advance  the  Sum  of  Five  pounds,  sixteen  shillings  and 
one  penny  lawful  money. 

Read  &  accepted.     \_Passed  March  3. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1767-68.  325 


CHAPTER    212. 

ORDER  ALLOWING  A  COPY  OF  THE  PROVINCE  LAWS  TO  PHILLIPSTOWN.  Legislative 

Records  of  the 
CoiiDcll, 

Orderd  that  the  Inhabitants  of  a  place  lately  called  Phillipstown  '  ?^^'1m  ^82. 
&  now  incorporated  be  servd  with  a  Set  of  the  Province  Law  Book  Archives, 
&  the  Printers  are  directed  to  deliver  the  same  accordingly.    [Passed  i"''-.  676. 
March  4.  ^aT'm" 

CHAPTER    213. 

RESOLVE  IMPOWERING  THE  ASSESSORS  OF  THE  TOWN  OF  WINDHAM 
TO  ASSESS  A  TAX  OF  ONE  PENNY  PER  ACRE  AND  TO  CHOOSE  TWO 
COLLECTORS  THEREOF. 

A  Petition  of  the  Town  of  Windham  Praying  liberty  to  Assess  Legislative 
on  the  100  Acre  Lots  in  said  Town  not  otherwise  Taxed  one  penny  coSnctf  °' ""^ 
yearly  ^  Acre  to  help  def rey  the  charges  of  said  Town  xxvu.,  -m. 

[Read  and]  Archives, 

Resolved  That  the  Assessors  of  the  said  Town  of  Windham  for  cxyiii.,  349. 
three  years  next  ensuing  be  authorized  and  impowered  to  assess  Legislative 

-•'  °  ITT  Ti--im  Records  of  the 

yearly  one  penny  ^  acre  on  every  hundred  acre  Lot  in  said  Town  council, 
of  Windham  not  otherwise  taxed,  except  ministerial  and   School  Hou8e'.Jolir- 
Lands  That  the  said  assessors  be  impowered  to  enforce  the  pay-  °a'.  vv-  le,  lou, 
ment  of  such  Tax  by  legal  Sale  of  so  much  of  the  delinquent  Lands  l-ws,  iv.,  i046, 
as  shall  be  necessary  to  pay  the  said  Tax  and  Charges  thereupon  "°'^' 
arising;  and  that  the  said  Town  be  impowered  in  their  March  meet- 
ings for  the  said  three  years  next  coming  to  chuse  two  Collectors, 
one  of  them  to  be  an  Inhabitant  of  Marblehead.   That  one  half  of 
the  money  raised  by  said  Tax  be  paid  into  the  hands  of  the  Treas- 
urer of  the  said  Town  of  Windham  to  be  by  them  applied  to  the 
paying  the  minister  and  other  Town  Charges ;  the  other  half  to  be 
paid  into  the  Proprietors  Treasury  to  be  by  them  applied  to  the 
opening  &  making  passable  such  ways  as  still  remain  in  a  Wilder- 
ness State.     [^Passed  March  4. 


CHAPTER    214. 

RESOLVE  REFERRING    WITH    STAY    OF    EXECUTION    THE    PETITION    OF 
SAM^-  WILLIAMS  FOR  A  REBATE   ON  EXCISE  TAX. 

A  Petition  of  Samuel  Williams  of  Roxbury  Setting  forth     That  Legislative 
having  obtained  a  License  for  the  retailing  Spirituous  Liquors,  he  councif,°**  ^ 
on  the  3'*  day  of  August  1764:  recognized  with  Sureties  for  the  due  xxvii..  283. 
payment  of  the  Excise;  that  he  unfortunately  by  removing  as  he  ^'1"^®'',^^^ 
apprehends  lost  his  Papers  &  Accounts  whereby  he  was  rendered  ' 

unable  to  Account  upon  Oath  for  the  quantity  by  him  sold;  and 
the  Collector  of  Excise  thereupon  sued  him,  and  he  being  at  the 
time  of  the  Courts  sitting  out  of  the  Province  recovered  of  him  the 
Sum  of  £61.6.8  with  costs.  And  Praying  relief. 

[Read  and] 

Resolved  That  the  prayer  of  the  Petition  be  so  far  granted  that 

'  Now  Sanford,  Mauie. 


326  Province  Laws  {Resolves,  etc.).  — 1767-68.     [Chap.  215.] 

it  be  referred  to  the  next  May  Session,  and  Execution  be  stayed  in 
the  mean  time:  and  that  the  Petitioner  give  security  to  the  Sheriff 
of  the  County  of  Suffolk  that  he  will  pay  such  Sums  as  shall  finally 
be  adjudged  due.      ^Passed  March  4. 


CHAPTER    215. 

ORDER  IN  REGARD   TO   INSTRUCTIONS   TO   COMMISSARIES  IN  SETTLING 
THE  NEW  YORK  BOUNDARY  LINE. 

Kecords'ouhe       ADDITIONAL  INSTRUCTIONS  to  the  Gentlemen  appointed  Com- 
councii,  missaries  on  the  part  of  this  Province  for  the  settlement  of  the 

mIbs!''  '^'        Partition  Line  with  New  York. 
Archivea,  iv.,        The  General  Court  by  an  Act  having  renewed  your  power  to  treat 

— ^ with  the  Commissaries  of  New  York  on  the  subject  of  a  Partition 

Archives,  iv.,     Line  between  the  two  Provinces,  You  will  endeavour  to  procure  a 

Hve  RTOOTds"    Line  as  much  in  favour  of  this  Province  as  may  be :  and  it  is  left 

of  the  Council,  with  you,  or  the  major  part  of  you  to  agree  with  the  Commissaries 

285.  iious'e    '  of  New  York  upon  said  Line.  Provided  however  that  it  be  not  less 

inJ™pl'2i6,^^^'  favorable  to  this  Province  than  the  Line  reported  to  the  King  in 

ci>|P;222;  '       Council  by  the  Board  of  Trade  in  1757  excepting  in  regard  to  the 

208.  "'"^  *^'      manner  of  measuring  the  twenty  Miles  distance  of  said  Line  from 

Hudsons  Eiver,  You  are  permitted,  if  it  should  be  necessary,  to 

concede  that  said  distance  should  be  measured  as  on  a  horozontal 

Plane,  or  that  allowance  be  made  for  the  uneven  surface  of  the 

Country. 

You  will  take  care  that  the  Line  that  may  be  agreed  on  be  fully 
and  clearly  described:  and  when  it  shall  be  run  that  durable  Monu- 
ments and  a  suflScient  number  of  them  be  erected  to  ascertain  said 
Line. 

In  case  of  Agreement  on  said  Line,  You  are  in  conjunction  with 
the  Commissaries  of  New  York  to  prepare  a  proper  state  thereof  to 
be  laid  before  his  Majesty  for  confirmation,  for  which  purpose  you 
will  cause  authenticated  Duplicates  of  said  State  to  be  made  out 
for  each  Province. 

You  will  endeavour  to  agree  on  the  draft  of  an  Act  to  be  passed 
by  the  Legislature  of  each  Province  for  the  Establishment  of  said 
Line,  and  you  will  take  care  that  it  be  clearly  described  in  such 
draft. 

You  will  conform  to  your  former  Instructions  in  every  thing 
wherein  these  present  Instructions  &  the  Act  impowering  You  to 
treat  as  aforesaid  do  not  militate  with  them. 
Read  &  accepted  and 

Ordered  that  the  foregoing  Instructions,  be  the  Instructions  for 
the  Commissaries  on  the  part  of  this  Province,  for  the  Settlement 
of  the  partition  Line  with  New  York.     [Passed  March  4. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed   1768. 


[327] 


LEGISLATIVE   LIST* 

FOR 
1768. 


His  Excellency   FRANCIS   BERNARD, 

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

SECRETARY  OP  THE  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS. 

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


Isaac  Rotall 
John  Erving 
"William  Brattle 
James  Bowdoin 
Thomas  Hubbard 
Harrison  Gray 
James  Russell 
Thomas  Flucker 
Nathaniel  Ropes 


Timothy  Paine 
Royall  Tyler 
James  Pitts 
John  Worthington 
>EsQR8.  Samuel  Dexter 

Thomas  Saunders' 
John  Hancock" 
Joseph  Gerrish' 
Artemas  Ward" 


>ESQRS. 


Of  the  Inhabitants  of  or  Proprietors  of  Lands  withiti  the  Territory  formerly 
called  the  Colony  of  New  Plymouth; 

Gamaliel  Bradford       )  Samuel  White 

James  Otis"  j    ^*^^^'  Jerathmeel  Bowers' 


ESQRS. 


Of  the  Inhabitants  of  or  Proprietors  of  Laiids  loithin  the  Territory  formerly 
called  the  Province  of  Maine  ; 

John  Hill,  Nathaniel  Sparhawk  &  John  Bradbury,  Esqrs. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  lying 
between  the  River  of  Sagadahoch  £  Nova  Scotia  ; 

Jeremy  Powell,  Esq. 

'  See  Legislative  Records  of  the  Council,  xxvii.,  202-297. 

'  Thomas  Saunders,  John  Hancock,  Joseph  Gerrish  and  Artemas  Ward  of  Massachusetts  Bay,  James 
Otis  and  Jerathmeel  Bowers  of  New  Plymouth,  elected  by  the  House  of  Representatives,  were  rejected 
by  the  Governor. 

[329] 


330 


Province  Laws  (Resolves,  etc.).  —  1768.      [Representatives.] 


For  the  Province,  at  large :  — 
Samuel  Danfokth  &  Benjamin  Lincoln,  Esqes. 


EEPRESENTATIVES   OR  DEPUTIES. 

May  23,  1768  to  July  1,  1768. 
Mr.  THOMAS   CUSHING,  Speaker. 


CocKTT  OF  Suffolk. 
Boston,   .     .     .  James  Otis,  Esq., 

Thomas  Gushing,  Esq., 
Mr.  Samuel  Adams, 
John  Hancock,  Esq. 

.  Joseph  Williams,  Esq. 

.  Mr.  Samuel  Howe. 

.  Mr.  Jazaniah  Tucker. 

.  Ebenezer  Thayer,  Esq. 

.  James  Humphry,  Esq. 

.  Mr.  Joshua  Hearsey. 

.  Samuel  Dexter,  Esq. 

.  Mr.  Jabez  Fisher. 

.  Capt.  Benjamin  "White. 


Roxbury,     . 
Dorchester, . 
Milton,   .     . 
Braintree,   . 
Weymouth,  . 
Hinghain,    . 
Dedham, 
Wrentham,  . 
Brooklyn,    . 
Stoughtou  & 
Stoughlon- 
ham, 
Medfield, 


Walpole, 
Needham, 


!Mr.  Hezekiah  Gay. 

.  Mr.  Eliakim  Morse. 
.  Eiisha  Adams,  Esq. 
.  Joshua  Clap,  Esq. 
.  Capt.    Ebenezer    Kings- 
bury. 


County  of  Essex. 

.  William  Brown,  Esq., 
Peter  Frye,  Esq. 
.     .  Mr.  Samuel  Holton. 
.     .  Capt.  Michael  Farley, 
Doctor  John  Calef . 
.  Joseph  Gerrish,  Esq. 
Newbury  Port,  Benjamin  Greenleaf,  Esq. 
Marblehead,     .  Jacob  Fowle,  Esq., 

AVilliam  Bourne,  Esq. 
.  Mr.  Ebenezer  Burrill. 
.  Samuel  Phillips,  Esq. 
.  Capt.  Henry  Herrick. 
.  Humphry  Hobson,  Esq. 
.  Capt.  Nathaniel  Currier. 
.  Richard  Saltonstall,  Esq. 
.  Thomas  Sanders,  Jr.,  Esq. 
.  Aaron  Wood,  Esq. 
'  The  House  Journal,  p.  4,  adds,  ' 


Salem,  . 

Danvers, 
Ipswich, 

Newbury, 


Lynn,  . 
Andover, 
Beverly, 
Rowley,  . 


Haverhill, 
Olocester, 
Boxford, 


County  of  Essex  —  Concluded. 
Almsbury,  .     .  Jonathan  Bagley,  Esq.' 
Topsjield,    .     .  Capt.  Samuel  Smith. 

County  of  Middlesex. 
Cambridge,     .     .  Andrew  Boardman,  Esq. 


Charlestown, 
Watertown, 
Woburn, 
Concord,    . 
Newton, 
Marlborough, 
Billerica,   . 
Framinyham, 

Lexingt07i, 
Chelmsford, 

Sudbury,  . 
Maiden, 

Weston, 
Medford,    . 
IIopkinto7i, 
Westford,    . 
Oroton, 
Shirley, 
Pepixrrell, 
Waltham,  . 
Stowe,    .     . 
Townshend, 
Acton,  . 
Lincoln, 


.  Edward  Sheaffe,  Esq. 

.  Mr.  John  Remington. 

.  James  Fowle,  Esq. 

.  Capt.  James  Barrett. 

.  Capt.  Abraham  Fuller. 

.  'Mr.  Samuel  Witt. 

.  William  Stickney,  Esq. 

.  Joseph  Buckminster, 
Esq. 

.  William  Reed,  Esq. 

.  Sampson    Stoddard, 
Esq. 

.  John  Noyes,  Esq. 

.  Capt.   Ebenezer   Ham- 
den. 

.  Mr.  Abraham  Bigelow. 

.  Stephen  Hall,  Esq. 

.  Capt.  Joseph  Mellen. 

.  Capt.  Jonas  Prescott. 

>  James  Prescott,  Esq. 

.  Capt.  Jonas  Dix. 
.  Henry  Gardner,  Esq. 
.  Mr.  Amos  Whitney. 
.  Capt.  Daniel  Fletcher. 
.  Mr.  Samuel  Farrar. 


County  of  Hampshire. 
Springfield  &       I  Josiah  Dwight.  Esq., 


Wilbraham, 
Northampton  & 
Southampton, 
Hadley  and 
South  Hadley, 
Bradford,  Benjamin  MuUiken,  Esq. 


Mr.  Jonathan  Bliss. 
Joseph  Hawley,  Esq. 


■  Mr.  Enos  Nash. 


[Representatives.]     Province  Laws  {Resolves,  etc.).  —  17(58. 


331 


County  of  Hampshire  —  Concluded. 


Hatfield, 


Deerjield  & 
Oreenfield, 
Sunderland, 


Hon.  Israel  Williams, 

Esq. 
Capt.  John  Moseley. 

Mr.  Jonathan  Ashley,  Jr. 

.  Capt.  Joseph  Root. 


County  of  Berkshike. 
Sheffield,  Oreat  -\ 

Barrington  &      >  John  Ashley,  Esq. 
Egremont,  J 


County  of  Worcester. 
Worcester,  .     .     .  Mr.  Joseph  Bigelow. 
.  Capt.  Asa  Whitcomb. 
.  Jedediah  Foster,  Esq. 

?  Edward  Davis,  Esq. 

.  Capt.  Henry  King. 


La?icaster,  .     . 
Brookfield,  . 
Oxford  & 
Charlton, 
Sutton,  .     .     . 
Rutland,  Rut- 
land District  & 
Oakham, 
Leicester,  Spen- 
cer &  Paxton, 
Westborough,   '. 
Shrewsbury,    . 


John  Murray,  Esq. 


Fitchburgh, 
Uxbridge,  . 
Bolton,  . 
Stur  bridge, 
Hardwick,  . 
Petersham, 


Capt.  John  Brown. 

.  Capt.  Stephen  Maynard. 
.  Artemas  Ward,  Esq. 

J  Edward  Hartwell,  Esq. 

.  Capt.  Ezekiel  Wood. 
.  John  Whitcomb,  Esq. 
.  Moses  Marcy,  Esq. 
.  Timothy  Ruggles,  Esq. 
.  John  Chandler,  Jr. ,  Esq. 


County  of  Plymouth. 


Plymouth, 

Scituate, 

Duxbury, 


Bridgwater 

Middleborough. 

Rochester, 

Plimpton, 

Pembroke, 

Kingston, 

Abington, 


.  James  Warren,  Esq. 
.  Mr.  Gideon  Vinall. 
.  Capt.  John  Wads  worth. 
.  Capt.  Anthony  Thomas. 
.  Josiah  Edson,  Esq. 
.  Capt.  Benjamin  White. 
.  Mr.  Samuel  Sprague. 
.  Mr.  Isaac  Bonney. 
.  Mr.  John  Turner. 
.  William  Sever,  Esq. 
.  Capt.  Woodbridge 
Brown. 


County  of  Barnstaple. 
Barnstaple,      .     .  Hon.  James  Otis,  Esq. 
Yarmouth,  .     .     .  David  Thacher,  Esq. 
Sandwich,  .     .     .  Mr.  Stephen  Nye. 
Eastham  &  >  Willard  Knowles,  Esq., 

Wellfleet,  )  Elisha  Doane,  Esq. 

Harwich,     .     .     .  Chillingsworth  Foster, 

Esq. 
Falmouth,   .     .     .  Capt.  Joseph  Kobinson. 
Chatham,     .     .     .  Mr.  Joseph  Doane. 

County  of  Bristol. 


Taunton,   . 
Rehoboth,  . 
Swanzey  with 
Shawaviet, 
Dartmouth,    . 
Attleborough, 
Freetown, 
Norton, 
Raynham, 


.  Mr.  Joseph  Tisdale. 
.  Capt.  James  Clay. 

>  Jerathmeel  Bowers,  Esq. 

.  Mr.  Walter  Spooner. 
.  Mr.  John  Dagget. 
.  Mr.  Thomas  Durfee. 
.  Mr.  GSorge  Wheeten. 
.  Zephaniah  Leonard,  Esq. 


York  County. 
York,    ....  Jonathan  Say  ward,  Esq. 
Eittery,     .     .     .  James  Gowen,  Esq. 
Wells,  ....  John  Wheelwright,  Esq. 
Berwick,    .     .     .  Benjamin  Chadburn, 

Esq. 
Arundel,   .     .     .  Thomas  Perkins,  Esq. 
Biddeford,      .     .  Mr.  Abraham  Chase. 

OP  Cumberland. 

>  Jedediah  Prebble,  Esq. 

.  Solomon  Lombard,  Esq. 
.  Mr.  Abraham  Anderson. 
.  Aaron  Hinckley,  Esq. 
.  Edward  Milliken,  Esq. 


County 
Falmouth  & 
Cape  Elizabeth, 
Oorham,    . 
Windham, 
Brunswick, 
Scarborough, 


Dukes  County. 
Edgarton,      .     .  Mr.  William  Jernigan. 
Chilmark,      .     .  Mathew  Mayhew,  Esq. 
Tisbury,   .     .     .  James  Athern,  Esq. 

In  the  County  of  Nantucket. 
Sherburn,       .     .  Mr.  Stephen  Hussey. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-fifth  Day  of  May,  A.D.  1768. 


CHAPTER    1. 

RESOLVE   IMPOWERING  FRANCIS  RITTAL   TO    COLLECT    TAXES    IN    THE 
TOWN  OF  POWNALBOROUGH. 

A  Petition  of  Jonathan  WilliamsGn,  and  Thomas  Rice  two  of  gffgl'^f Jfj, 
the  Selectmen  of  Pownalborough,  iu  behalf  of  Francis  Rettal  chosen  Council, 
Collector  of  Taxes,  assessed  on  the  Inhabitants  of  the  Western  part  ^^^"-^  3''3- 


of  said  town  AD  1765     Setting  forth     That  Exceptions  have  been  „  °,"",^  fs"""- 
taken  to  the  said  Choice  as  illegal,  and  that  great  Mischiefs  &  in-  ^nh,  p.  149, 
conveniences  are  like  to  accrne,  unless  this  Court  should  interpose  "^  "!*• '  ■ 
their  aid     And  praying  that  the  Choice  of  said  Rittal,  as  Collector 
aforesaid  may  be  established  &  confirmed  &  that  he  may  be  impow- 
ered,  if  need  be  to  distrein,  in  order  to  perfect  his  Collection,  or 
that  they  may  be  otherwise  relieved. 

[Read  and] 

Resolved  that  the  Prayer  of  the  above  Petition  be  so  far  granted, 
that  the  above  named  Francis  Rittal  be,  and  hereby  is  fully  impow- 
ered  to  collect  the  taxes  committed  to  him  to  collect,  for  which  he 
has  a  lawful  Warrant  or  Warrants  &  pay  the  same  as  therein  directed, 
any  supposed  defect  in  his  Choice  notwithstanding.    [Passed  May  31. 


CHAPTER    2. 

ORDER  OF  NOTICE  ON  THE   PETITION  OF  NATH^-  CHAPIN  OF  ASHFIELD 
IN  REGARD   TO   A  MINISTERIAL  TAX. 

A  Petition  of  Nathaniel  Chapin  &  others  of  Ashfield,  formerly  Legislative 
called  Huntstown,  Setting  forth     That  they  early  settled  in  said  counc'if,""''® 
town,  and  before  the  last  war,  they  built  a  Fort  and  defended  them-  xxvii.,  301. 
selves,  at  little  Expence  to  the  Government :  that  being  Anabaptists  Archives,  xiv., 

they  settled  a  Minister  of  the  same  perswasion,  and  were  about  build-  ?}^ 

ing  a  Meeting  house;  but  that  other  Settlers  of  a  different  perswa-  ^rc^j^gg  ^i^ 
sion  coming  in  have  obtained  a  Vote  to  build  another  Meeting  house,  512.  Legi's'ia-'' 
&  settle  another  Minister,  towards  which  they  have  taxed  the  Peti-  thTcSundt^ °* 
tioners  &  their  Ministers.  And  pravinar  re-lief  xxvi.,.i«9;  * 

„       ,    5  r-      J      &  xxvii.,32. 

Read  &  House  Jour- 

Orderd  that  the  Petitioners  notify  the  Town  &  Proprietors  of  ProviEce"'  ^^' 
Ashfield  by  serving  the  respective  Clerks  with  a  Copy  of  the  peti-  J'b'^^^'.^iJjag^' 
tion  to  shew  Cause  on  the  second  Wensday  of  the  next  Sitting  of  notes'. 

[333] 


334 


Province  Laws  {Resolves,  etc. ) .  — 1768.     [Chaps.  3,  4.] 


this  Court  why  the  Prayer  should  not  be  granted.  &  that  the  further 
Collection  of  Taxes  so  far  as  respects  the  Petitioners  be  suspended 
in  the  mean  time.     \_Passed  June  1. 


CHAPTEK    3, 


RESOLVE     IMPOWERING    DEB.     LOTHROP,    GUARDIAN,    TO     SELL     REAL 
ESTATE   AND   MAKING    PROVISION    IN    REGARD    TO    THE    PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  305. 

House  Jour- 
nal, pp.  14,  IS. 
Province 
Laws,  ii.,  151, 
cbap.  10. 


A  Petition  of  Deborah  Lothrop  of  Barnstable,  Widow  Guar- 
dian to  Eebecca  Lothrop  &  Temperance  Lothrop,  her  Children, 
and  daughters  to  her  late  husband  Joseph  Lothrop  of  said  Barn- 
stable, Cordwainer  dec''  Litestate.  Setting  forth  That  in  August 
last  the  said  Temperance  died,  the  Expences  that  had  then  arisen 
for  her  support  being  Twenty  four  Pounds  more  than  her  Interest 
in  her  father's  personal  Estate  amounted  to :  and  that  she  hath  like- 
wise expended  for  her  daughter  Rebecca,  Fifteen  Pounds,  ten  shil- 
lings &  six  pence  more  than  her  Proportion  of  said  personal  Estate : 
The  Accounts  whereof  have  been  exhibited  to,  and  allowed  by  the 
Judge  of  Probate  for  the  County  of  Barnstable  And  praying  that 
she  may  be  empowered  to  make  sale  of  so  much  of  the  deceased's 
Eeal  Estate,  as  shall  be  sufficient  to  discharge  y'^  s*  Debts. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  granted,  and  that  y"' 
Petitioner  be,  and  is  in  her  said  Capacity,  impowered  to  make  sale 
of  the  lands  mentioned  in  said  Petition,  as  shall  be  sufficient  for 
the  purpose  aforesaid,  for  the  most  the  same  will  fetch,  and  make 
a  good  deed  or  deeds  of  the  same  to  the  purchaser.  She  observing 
the  Rules  and  directions  of  the  law  for  the  sale  of  Real  Estates  by 
Exec"  and  Administrators,  and  giving  Caution  to  the  Judge  of 
Probate  for  the  County  of  Barnstable,  that  the  Money  arising  by 
the  sale  of  the  same  lands  be  applied  for  the  purpose  of  paying  the 
Debts  of  the  said  Minors  within  mentioned.      \^Passed  June  1. 


CHAPTEK    4. 

RESOLVE    IMPOWERING    CHRIST"    DYER,    GUARDIAN,     TO     SELL     REAL 
ESTATE   AND   MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  306. 

House  Jo>ir- 
nal,  pp.  11, 17. 


A  Petition  of  Christojjher  Dyer  of  Bridgwater,  Guardian  to  his 
Brother  John  Dyer,  a  person  deaf  &  dumb  Setting  forth  that  the 
said  John  is  seized  of  a  narrow  strip  of  Laud  containing  about 
twenty  Acres,  lying  in  Braintree,  which  is  no  ways  fit  for  a  Settle- 
ment, but  being  commodious  to  the  Person  who  owns  on  both  sides 
of  it,  he  is  willing  to  give  the  Value  of  it :  And  that  the  said  John 
hath  purchased  a  Tract  of  land  in  Bridgwater  suitable  for  a  Settle- 
ment, and  of  greater  value.  And  praying  that  he  may  be  impowered 
to  sell  the  said  land  in  Braintree,  the  produce  thereof  to  be  vested 
in  the  purchase  at  Bridgwater. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  granted :  and  that  the 
Petitioner  be  &  hereby  is  impowered  in  his  said  Capacity  to  make 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1768.  335 

sale  of  the  said  twenty  Acres  of  land  lying  in  Braintree,  for  the 
most  it  will  fetch,  and  to  execute  a  good  Deed  thereof  to  the  pur- 
chaser, he  giving  Caution  to  the  Judge  of  Probate  of  Wills  &''  for 
the  County  of  Suffolk,  that  the  Monies  arising  from  said  sale  shall 
be  applied  for  the  purpose  mentioned  in  the  Petition.  [Passed 
June  1. 


CHAPTEK    5. 

RESOLVE   CONFIRMING  THE   TITLE   OF   REV.   EZRA  THAYER  TO  LAND. 

A  Petition  of  Ezra  Thayer  of  the  District  of  Ware  Clerk     Set-  Legisiattve 
ting  forth,  that  in  the  year  1759,  he  was  ordained  to  the  pastoral  co'uncir,° 
Office  in  said  place.  That  John  Read  Esq''  late  of  Boston  deceased,  ji^b"-'^"'*- 
on  the  19""  of  Sepf  1718,  executed  a  deed  in  trust,  for  the  use  of  ArchiveB,  xiv., 

the  first  Minister  of  said  District,  and  his  Successor,  in  pure  and  ^^ 

perpetual  Alms,  of  One  hundred  Acres  of  Land,  Viz'  the  e""  Lot  Archives, xiv., 
from  the  North  of  the  4""  Tire  of  Lots  from  the  East,  in  the  Manor  ^^^^^^^'^[•"^^  .^i 
of  Peace  so  called,  on  which  he  has  spent  his  Substance  but  that  22. 
the  Deed  given  him  by  a  Committee  of  s""  District  is  so  framed  that 
he  can  have  no  Benefit  of  said  land  any  longer,  than  during  his  Min- 
istry. And  further  setting  forth  that  the  Heirs  of  the  said  John  Read 
have  since,  Viz*  on  the  25""  day  of  May  1757,  made  a  Deed  of  one 
other  Lott  of  land  in  the  said  District  for  the  same  uses  and  pur- 
poses, and  in  the  room  of  the  forementioned  Lot,  in  order  that  the 
Petitioner  &  his  heirs  might  enjoy  the  Benefit  of  the  first  Lot  as 
their  own  property  forever.  And  praying  that  the  Lot  of  land  given 
by  the  said  Heirs  may  be  accepted  in  lieu  of  the  Lot  which  was  given 
by  their  said  Father,  and  may  be  confirmed  to  him  &  his  heirs  forever. 

Upon  the  Petition  of  Ezra  Thayer  of  the  district  of  Ware  Clerk 
&  the  deeds  accompanying  the  same  it  appears  that  the  Hon'''''  John 
Read  Esq"  late  of  Boston  deceased  on  the  19""  of  September  1748 
for  the  founding  &  endowment  of  a  Parish  in  the  ten  thousand  acres 
of  Equivalent,  did  give  grant  convey  &  confirm  Unto  Jabesh  01m- 
stead  &  others  the  sixth  lot  &  part  of  the  fifth  lot  lying  in  a  place 
then  called  the  manor  of  Peace  to  have  &  to  hold  to  them  &  their 
Heirs  forever,  in  special  Trust  &  Confidence  for  the  following  uses: 
viz  for  the  use  of  the  first  minister  of  Gods  Holy  word  &  Sacraments 
that  shall  be  chosen  there,  &  there  upon  be  lawfully  instituted  & 
ordained  to  that  holy  office  there,  &  such  his  Successors  for  ever  in 
pure  &  perpetual  alms  That  after  the  ordination  of  the  s**  Ezra 

over  the  Church  &  congregation  at  s*  manor  of  Peace,  A  Committee 
of  s^  Parish  conveyed  s^  Lands  to  the  s**  Ezra  for  a  valuable  consid- 
eration in  fee  Simple  in  consequence  whereof  He  built  upon  s'*  land, 
cleared  &  so  improved  it  as  that  He  hath  spent  his  whole  substance 
thereon  It  further  appears  that  the  Heirs  of  the  s'*  John  sensible 

of  the  unhappy  &  ruinous  circumstance,  the  s""  Ezra  was  brought 
into  as  afores*^  from  benevolent  Principles  to  the  s**  Ezra  &  to  the 
district  of  ware  &  that  their  Honoured  Fathers  design  as  afores'' 
might  not  in  the  least  be  frustrated  tho  the  s"*  Ezra  should  have  the 
land  afore  s*  confirmed  unto  Him  have  by  Deed  given  granted  &  con- 
veyed unto  Jacob  Cummings  &  John  Davis  the  Present  Deacons  of 
8*  Church  an  aquivalent  or  rather  more  then  an  aquivalent  in  land, 
in  s"  district  in  pure  &  Perpetual  alms  for  the  same  uses  &  purposes 
as  were  mentioned  in  their  Fathers  Deed  as  afores"*  Wherefore  it  is 


336 


Province  Laws  (Resolves, etc.).  —  1768.     [Chaps.  6,  7.] 


Resolved  that  the  deed  of  lands  mentitioned  in  s""  Petition  given 
by  Jacob  Cummings  Edward  Dammon  &  Joseph  Scott  to  the  a^  Ezra 
bearing  date  the  14*  of  august  1759  &  recorded  in  the  Registry  of 
Deeds  for  the  County  of  Hampshire  Lib  6  Folio  403  shall  forever 
hereafter  be  held  &  taken  to  be  effectual  &  available  in  Law  against 
the  Feoffees  named  in  the  deed  of  the  s""  John  Read  Esqr  in  trust  as 
allso  against  all  who  may  claim  from  by  or  under  the  s"  Feoffees  or 
any  of  them  &  against  any  Person  who  may  succeed  the  s''  Petitioner 
in  the  oflBce  of  a  Gospel  minister  in  s""  district  And  the  Same  shall 
be  as  good  an  estate  to  the  s''  Ezra  &  his  heirs  in  fee  simple  as  if  the 
said  John  had  conveyed  said  lands  to  the  s"*  Jacob  &  others  &  to  their 
Heirs  to  their  own  use.     [Passed  June  1. 


CHAPTEK    6. 


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


Leglelatlve 
RecortlB  of  the 
Council, 
xxvli.,  309. 

House  Jour- 
nal, pp.  15,17, 


A  Petition  of  Keziah  Cutting  of  Rutland,  Widow  Admin''  of 
the  Estate  of  her  late  Husband  Absalom  Cutting,  late  of  said  Rut- 
land Intestate  deceased.  Setting  forth  That  the  said  deceased  was 
indebted  £123.14.1  more  than  his  personal  Estate  amounted  to. 
That  his  Real  Estate  consisted  of  about  forty  Acres  of  Land  with 
a  house  and  Barn  thereon  apprized  at  Two  hundred  and  forty 
Pounds,  in  which  she  has  her  Dower,  or  thirds.  And  praying  she 
may  be  impowered  to  make  sale  of  the  other  two  thirds  in  order  to 
enable  her  to  discharge  the  said  debts. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  so  far  granted,  that 
the  Petitioner  be,  and  she  hereby  is  impowered  in  her  said  Capacity 
to  make  sale  of  so  much  of  said  deceased's  Real  Estate,  where  it 
may  be  best  spared,  and  with  least  Prejudice  to  the  Remainder,  as 
shall  be  sufficient  to  pay  the  deceased's  just  Debts,  and  the  Charge 
of  said  sale,  and  to  make  &  execute  a  good  deed  or  deeds  in  law  to 
the  purchaser,  she  giving  Caution  to  the  Judge  of  Probate  for  the 
County  of  Worces''  that  the  Money  arising  by  said  sale,  shall  be 
applied  to  the  purposes  herein  mentioned.     [Passed  June  1. 


CHAPTER    7. 

RESOLVE  IMPOWERING  RUTH  AND  BATCHELLER  BENNET,  GUARDIANS, 
TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  400. 

House  Jour- 
nal, pp.  11, 19. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Ruth  Bennet  Widow  of  Cornelius  Bennet  late  of 
Middleborough  deceased  and  Batcheller  Bennet,  the  said  Ruth  and 
Batcheller  being  Guardians  to  Theodate  Bennet  a  minor  daughter 
of  the  said  Cornelius  Setting  forth  That  the  said  Minor  had  one 
half  of  a  Fulling  Mill,  Stream  and  appurtenances  set  off  to  her  in 
the  division  of  her  Fathers  Estate,  which  Mill  is  greatly  out  of 
repair.  And  praying  that  they  may  be  impowered  to  make  Sale  of 
her  share  in  the  jaremises  which  they  apprehend  will  be  greatly  to 
the  advantage  of  the  said  Minor. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  SB'S 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioners  be  and  hereby  are  impowered  in  their  said  capacity  to 
make  sale  of  the  Premises  mentioned  in  this  Petition  for  the  most 
the  same  will  fetch,  and  to  make  &  execute  a  good  deed  thereof  to 
the  purchaser,  they  observing  the  Rules  and  directions  of  the  Law 
for  the  Sale  of  Real  Estates  by  Executors  and  Admin"  and  giving 
caution  to  the  Judge  of  Probate  for  the  County  of  Plymouth  that 
the  money  arising  by  said  Sale  be  put  to  interest  for  the  benefit  of 
the  said  Minor  as  mentioned  in  this  Petition.     \_Passed  June  1. 


CHAPTEE    8. 

RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    PLYM- 
OUTH  COUNTY. 

The  following  Order  passed  on  the  Account  of  M""  John  Cot-  Legislative 
ton.  Treasurer  of  the  County  of  Plymouth,  which  was  laid  before  councif,°     * 
the  Court  for  Allowance,  Viz'  xxTii.,3i2. 

Resolved  that  the  within  Account,  being  right  cast,  and  well  Sj"^" '^Jn ''oq 
vouched,  be  allowed,  and  that  the  Treasurer  be  discharged  of  the  •  •  ■  • 
sum  of  Two  hundred  fifty  one  pounds,  seventeen  shilP  &,  eleven 
pence  that  he  has  paid  by  order  of  the  Court  of  Sessions,  and  that 
he  be  futher  accountable  for  a  balance  of  Fifty  seven  Pounds  six 
shillings  &  ten  pence  due  to  the  County,  when  he  shall  recieve  it. 
^Passed  June  2. 


CHAPTEE    9. 

RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    ESSEX 
COUNTY. 

The  following  Order  passed  on  the  Account  of  Mich'  Farley,  Legislative 
Treasurer  of  the  County  of  Essex,  which  was  laid  before  the  Court  Eecorasof  the 

„         .  ,,  TT-   f  Council, 

tor  Allowance,  Viz'  xxvii.,  312. 

Resolved  that  the  within  Account  being  right  cast  &  well  vouched  House  Jour- 
be  allowed,  and  that  the  Treasurer  be  discharged  of  the  sum  of.  Two  ""i- pp- i**- ^• 
hundred  thirty  nine  pounds,  twelve  shillings,  that  he  has  paid  by 
order  of  the  Court  of  Sessions,  and  that  he  be  further  accountable 
for  the  sum  of  Three  hundred  and  Ninety  nine  pounds,  one  shilling 
&  seven  pence  remaining  due  to  the  County,  when  he  shall  recieve 
the  same.     \^Passed  June  2. 


CHAPTEE    10. 

RESOLVE   IMPOWERING  ISR^-  FELIX,  INDIAN,  TO   SELL  REAL  ESTATE. 

A  Petition  of  Israel  Felix  of  Middleborough,  Indian  man  &  Legislative 
Labourer     Setting  forth  that  by  reason  of  Sickness  in  his  family,  council!  °*  ^^^ 
he  is  involved  in  debt,  and  hath  no  means  of  discharging  the  same,  ^ale ''  ^'*' 
but  by  the  sale  of  land     And  praying  that  he  may  be  impowered  to  Archives^ 
sell  an  Out  lot  of  ten  Acres  for  that  purpose.  xxxiii.,4i8. — 


338 


Province  Laws  (Resolves,  etc.).  — 1768.     [Chaps.  11,  12.] 


Archives, 
xxxiil.,  477. 
House  Jour- 
nal, p.  20. 
Province 
Laws,  xvli., 
75,  chap.  182. 


[Read  and] 

Resolved  that  the  prayer  of  this  petition  be  so  far  granted  that 
the  petitioner  be  and  he  hereby  is  impowerd  to  make  sale  of  the 
ten  Acre  Lot  of  Land  mentioned  in  this  petition,  (with  the  Ade  & 
Assistance  of  the  Guardines  within  Mentoned)  And  to  make  and 
Execute  a  good  Deed  in  Law  to  the  purchaser,  and  the  Moneys  aris- 
ing by  Said  Sail  to  be  aj^plied  by  said  C4uardines  for  the  payment  of 
the  petitioners  just  debts.     {^Passed  June  2. 


Iieglslatlve 
Records  of  the 
Coimcil, 
xxvll.,  314. 


Archives, 
cxviii.,  351. 
House  Jour- 
nal, pp.  22, 24. 


CHAPTER    11. 

RESOLVE   CONFIRMING    THE    PROCEEDINGS    OF    A    TOWN    MEETING    AT 
ATHOL. 

A  Petition  of  Nathaniel  Graves  one  of  the  Agents  for  the  Pro- 
prietors of  the  town  of  Athol,  in  the  County  of  Worcester.  Setting 
forth  That  the  said  Proprietors  at  a  Meeting  held  on  the  31  of 
March  last  i^assed,  a  number  of  Votes  laying  out  and  establishing, 
sundry  Roads  &  high  ways  in  the  said  Town  as  particularly  in  sev- 
eral Votes  passed  at  said  Meeting  from  N°  2.  to  N°  12.  inclusive. 
And  praying  in  the  name  &  behalf  of  the  Proprietors  of  Athol,  that 
the  said  Votes  may  be  confirmed,  with  the  Streets  &  Lanes,  as  therein 
laid  out  and  described 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Votes  of  Said  Proprietors  at  their  Meeting  in  March  Last  Be  and 
hereby  are  Confirmed,  and  that  the  Lands  Granted  at  Said  meeting 
for  Streets  and  Lanes  in  Said  Town  of  Athol  by  Said  Proprietors  as 
Described  in  Said  Petition  be  and  hereby  are  Confirmed  to  the  s'* 
Town  of  Athol  for  Ever  for  the  Purposes  in  Said  Petition  Mentioned. 
[Passed  June  2. 


CHAPTER    12 


ORDER    IMPOWERING    CHARLES    ROBINSON    TO    FILE    HIS    COMPLAINT 
BEFORE  THE  SUPERIOR  COURT  AT  FALMOUTH,  CUMBERLAND  COUNTY. 


Legislative 
Eecords  of  the 
Council, 
xxvli.,  316. 

Legislative 
Eecords  of  the 
Council, 
xxvil.,  122. 
House  Jour- 
nal, pp.  28, 29. 


A  Petition  of  Charles  Robinson  of  Cape  Elizabeth,  praying,  that 
the  Justices  of  the  Superior  Court  may  be  impowered  to  affirm  a  former 
Judgment  obtained  by  him  against  James  Miller,  the  Petitioner's 
neglect  in  filing  his  Complaint  notwithstanding 

Read :  and  it  appearing  that  James  Miller  the  adverse  party  has 
been  duly  served  with  a  Copy  of  this  Petition,  and  Order  thereon, 
and  no  Answer  thereto  being  given  in.  Therefore 

Ordered  that  the  Petitioner  have  liberty  to  file  his  Complaint,  at 
the  Superior  Court  next  to  be  holden  at  Falmouth,  in  the  County 
of  Cumberland,  and  that  the  Justices  of  said  Court  be,  &  they  are 
hereby  authorized,  if  they  see  Cause,  to  grant  to  the  Petitioner 
affirmation  of  the  former  Judgment,  with  additional  Interest  and 
Costs,  the  term  for  granting  the  same  being  past  notwithstandiijg. 
\^Passed  June  S. 


[1st  Sess.]     Province  Laws  {Besolves,  etc.).  — 1768.  339 


CHAPTEK    13. 

ORDER    DIRECTING    DELIVERY    OF    A    COPY    OF    THE    PROVINCE    LAWS  Legislative 

TO   THE  DISTRICT  OF  DOUGLASS.  Records  of  the 

Council, 
xxvil.,  315. 

Ordered  that  y"  Printers  be  directed  to  deliver  to  the  District  of  House  Jour- 
Douglass,  a  Set  of  the  Province  Laws.      [Passed  June  3.  nai,  p.26. 


CHAPTEE    14. 

RESOLVE  ALLOWING   £14.  3.  8   TO   REV°  STEP"  BADGER.  Legislative 

Eecorda  of  the 
Council, 

A  Petition  of  Stephen  Badger  of  Natick,  Clerk,  praying  an  xxvu.,  317. 
Allowance  for  sundry  disbursments  on  poor  Indians  there  to  the  Archives,  xw., 

amount  of  £14.3.8  as  more  particularly  set  forth  in  a  former  Peti-  ^!^ 

tion  which  was  under  the  Consideration  of  this  Court  the  last  year.  ^j!^^:^gg  ^iv 

Read  &  6I9.    House 

Resolved  That  there  be  allowed  &  paid  out  of  the  Province  Treas-  gs'o'reT)';^'''    ' 
ury  the  sum  of  fourteen  pounds  three  Shillings  &  Eight  pence  to  %t^^'^^.i^^ 
M'  Stephen  Badger  in  full  for  Boarding  &  taking  care  of  Tliankfull  chap'.  36. 
Piggins  &  her  Son  untill  y^  first  of  June  Instant.     [Passed  June  6. 


CHAPTER    15. 

RESOLVE   GRANTING  100   ACRES   OF   LAND    EACH    TO    EBEN=  AND    JOEL 
TRUMBLE. 

A  Petition  of  Ebenezer  Trumble,  &  Joel  Trumble    Setting  forth,  r"^^'?*''? ,h 
that  they  had  settled  upon  some  of  the  Province  Lands  lying  between  council, 
Blanford  &  Sandisfield  being  in  a  rough  uncultivated  Country,  inso-  x^""-.  sis- 
much  that  it  was  not  only  difficult  but  dangerous  travelling  therein.  nai"pp''i5"29 
And  praying  that  they  may  each  of  them  have  a  Grant  of  100  Acres 
Land,  in  said  place. 

[Read  and] 

Resolved  that  there  be  and  hereby  is  granted  to  Ebenezer  Trumble 
&  Joel  Trumble  each  of  them  in  Severalty,  their  Heirs  &  Assigns 
forever,  One  hundred  Acres  of  the  Province  lands,  lying  in  a  place 
called  the  Greenwoods  between  Blanford  and  Sandisfield  on  the  sev- 
eral Spots  where  the  Petitioners  now  live ;  to  be  laid  out  by  a  Sur- 
veyor and  Chainmen  under  Oath :  the  Petitioners  each  returning  a 
Plat  of  the  land  granted  to  this  Court,  within  twelve  Months  from 
this  date  for  Confirmation,  and  paying  to  the  Province  Treasurer, 
Six  Pounds  thirteen  shillings  &  four  pence  each,  in  Consideration 
for  said  Lands,  or  giving  good  Security  to  the  said  Treasurer  for 
the  same.     [Passed  June  6. 


340 


Province  Laws  {Resolves^  etc.).  — 1768.     [Chaps.  16-18.] 


CHAPTEE    16, 


RESOLVE  GRANTING   £20  TO   THE  TOWN   OF  PROVINCETOWN. 


Resolved  that  there  be  Granted  to  the  town  of  Province  town  the 


Legislative 
Kecords  of  the 
Council, 
xxvU.,  319. 

ArchiveB,  xiv.,  sum  of  twenty  Pounds  to  Enable  them  to  Hire  Preching  among 

5ii them  &  that  the  &^  sum  of  twenty  Pounds  be  paid  out  of  the  Pub- 

AreWveB,xiv.,  lick  tresury  &  Put  into  the  Hands  of  the  Eev"^  Doctor  Joseph  Sewall 
810.  ■'  for  that  Purpose  only."     \^Passed  June  7. 


Legislative 
Records  of  the 
Council, 
xrvli.,  321. 
Mass. 
Archives, 
xxxiil.,  476. 

Mass. 
Archives, 
xxxiil.,  475. 
House  Jour- 
nal, pp.  10, 16, 
35.    Province 
Laws,  xvii., 
269,  chap.  104. 


CHAPTER    17. 

ORDER  ALLOWING  THE  ACCOUNT   OF  THE   TRUSTEES   OF    THE    HASSA- 
NAMISCO   IND^ 

Artemas  Ward,  &  Timothy  Paine  Esq^*  presented  an  Acco'  as 
Trustees  for  the  Hassanamisco  Indians 

Eead,  and  it  appearing  that  there  is  resting  in  the  hands  of  the 
Trustees  of  the  Hassinamisco  Indians  on  the  within  Account  of 
Principal  the  Sum  of  £581.7.4  And  of  Interest  19/9"     Therefore 

Ordered  that  the  said  Trustees  be  accountable  for  those  Sums. 
[Passed  June  7. 


Legislative 
Records  of  the 
Council, 

Mass- 
Archives, 
Ixx.xvil.,  114. 

Legislative 
ESecorda  of  the 
Council, 
xxvii.,  311. 
House  Jour- 
Dai,  pp.  25, 33. 


CHAPTER    18. 

RESOLVE  REQUESTING  THE  GOVERNOR  TO  SEND  BRIEFS  THROUGH 
THE  PROVINCE  SOLICITING  SUBSCRIPTION  FOR  THE  SUFFERERS  BY 
THE  FIRE  AT  MONTREAL. 

The  House  taking  into  consideration  his  Excellency's  Message  of 
the  2"  curr'  and  the  Letter  accompanying  it  relating  to  the  calamity 
brot  on  the  city  of  Montreal  by  the  late  Fire  there  and  it  appear- 
ing that  their  case  deserves  the  Attention  of  all  charitably  disposed 
Persons, 

Resolved,  That  his  E-xcellency  be  desired  to  send  Briefs  through 
out  this  Province  representing  the  Distress  of  the  Sufferers  to  the 
Inhabitants  &  recommending  to  them  a  general  contribution  for 
their  Eeleif  to  be  paid  into  the  Hands  of  the  Treasurer  of  this  Prov- 
ince to  be  transmitted  to  the  Justices  of  the  Peace  from  whom  the 
said  Letter  came  to  be  by  them  distributed  among  the  Sufferers  as 
they  in  their  Discretion  shall  judge  proper.     [Passed  June  7. 

•  Not  found  in  the  House  Journal. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  341 

CHAPTER    19. 

RESOLVE  GRANTING  TO  JN"  PIGEON  LICENCE  TO   SELL  STRONG  DRINK. 

A  Petition  of  John  Pigeon  of  Newtown     Setting  forth  that  the  Legislative 
house  in  which  he  now  dwells,  has  been  for  many  years  past,  a  licensed  "ounctf  "*  ""^ 
house;  and  that  since  his  removing  into  it,  he  hath  not  only  obtained  xxvii.,333. 
the  Approbation  of  the  selectmen  of  the  said  town,  but  of  the  greater  Houae  Jour, 
part  of  its  Inhabitants  to  sell  spirituous  Liquors  therein.  But  as  the  °''''  ^'^^' 
time  for  granting  licenses  by  the  Court  of  General  Sessions  of  the 
peace  is  elapsed      Praying  that  two  of  his  Majesty's  Justices  of 
the  peace  for  the  County  of  Middlesex  may  be  impowered  to  grant 
him  a  license  for  that  purpose 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  two 
of  his  Majesty's  Justices  of  the  peace  for  the  County  of  Middlesex 
Quorum  Unus,  be  and  hereby  are  impowered,  if  they  think  proper, 
to  grant  license  to  the  Petitioner  to  be  a  Retailer  of  spirituous 
liquors  in  the  town  of  Newtown,  in  the  house  where  he  now  dwells, 
or  in  his  Shop  contiguous  thereto,  the  remaining  part  of  this  year, 
he  having  obtained  the  Approbation  of  the  selectmen  of  Newtown 
for  that  purpose  according  to  law:  The  said  Justices  returning  a 
Certificate  to  the  Court  of  General  Sessions  of  the  peace,  next  to  be 
holden  in  said  County.      \^Passed  June  8. 


CHAPTER    20. 

ORDER    DIRECTING    DELIVERY    OF    A    COPY    OF    THE    PROVINCE    LAWS  Legislative 

TO   THE   TOWN   OF   WILBRAHAM.  Records  of  the 

Council, 
xxvU.,  3-25. 

Ordered  that  the  Printers  be  directed  to  deliver  to  the  town  of 
Wilbraham  a  Set  of  the  Province  Laws.'     \^Passed  June  9. 


CHAPTER    21. 

RESOLVE  IMPOWERING  SIMON  BROOKS  AND  SARAH  BRIGHAM,  GUAR- 
DIANS, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO  THE  PROCEEDS. 

A  Petitiok  of  Simon  Brooks  Guardian  of  Amariah  Brigham,  Legislative 
and  Sarah  Brigham  Guardian  of  Moses  Brigham,  Minors,  Children  counc'if  °' "'^ 
of  Aaron  Brigham  late  of  Grafton  dec''  Intestate    Setting  forth    that  xxvu.,  325. 
the  said  deceased,  by  his  last  Will  &  Testament  gave  to  his  said  two  House  Jour- 
Sons,  all  his  Right  of  land  in  Shrewsbury,  called  the  Leg,  to  be  ?2*^' g'roviice' 
equally  shared  between  them,  and  that  said  land  be  sold  as  soon  as  ^''"'Vi-'  ^^' 
may  be  by  their  Guardians,  and  the  Money  put  out  to  use  for  said  °  *^' 
Sons     And  as  they  doubt  their  power  of  executing  Deeds  for  the 
said  land  Praying  that  they  may  be  impowered  for  that  purpose, 
that  so  the  Will  of  the  Testator  may  be  complied  with 

[Read  and] 

'  Not  found  in  the  House  Journal. 


342 


Province  Laws  (i?eso?ves,  ete. ) . — 1768.     [Chaps.  22,23.] 


Resolved  that  the  Prayer  of  this  petition  be  granted,  and  that  the 
Petitioners  be  and  are  hereby  in  tlieir  said  Capacity  impowered  to 
make  sale  of  the  lands  mentioned  in  the  said  Petition  for  the  most 
the  same  will  fetch,  and  to  make  a  good  deed  or  deeds  of  the  same 
to  the  purchaser,  they  observing  the  rules  and  directions  of  the  Law 
for  the  sale  of  Keal  Estates  by  Executors  &  Administrators,  and  giv- 
ing Caution  to  the  Judge  of  Probate  for  the  County  of  Worcester, 
and  that  the  Money  arising  by  the  said  sale  be  put  to  Interest  for 
the  benefit  of  the  said  Minors.     [Passed  June  9. 


CHAPTEK    22. 

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


LeglBlative 
Eecords  of  the 
Council, 
xxvU.,  326- 

Houee  Jour- 
nal, pp.  24,  40, 
41.  Province 
Laws,  li.,  151, 
chap.  10. 


A  Petition  of  John  Choate  of  Ipswich,  Admin"'  of  y''  Estate  of 
Daniel  Choate  late  of  said  Ipswich  dec**  Setting  forth  that  the  said 
Daniel  dyed  seized  of  two  fifth  parts,  and  two  thirds  of  one  other 
fifth  part  of  about  thirty-five  Acres  of  land  lying  in  Common  with 
his  three  Sisters;  that  he  was  indebted  about  Twenty  six  pounds, 
and  left  no  personal  Estate  wherewith  to  pay.  That  the  Children 
of  John  Pitman  deceased,  being  four  in  number,  and  all  Minors, 
are  intitled  to  one  sixth  j^art  of  said  Estate;  and  that  Mary  Pitman 
their  Mother,  &  natural  Guardian  and  Admin^  of  the  said  John  is 
desirous  of  having  their  Interest  in  said  Estate  sold  And  praying 
that  as  Administrator  aforesaid,  he  may  be  impowered  to  sell  the 
whole  of  the  Real  Estate  of  the  Heirs  aforesaid. 

[Eead  and] 

Resolved  that  the  Petitioner  be,  and  he  hereby  is  impowered  to 
make  sale  of  all  the  Real  Estate  of  the  deceased  in  the  Petition 
ment*"  for  the  most  the  same  will  fetch,  and  to  execute  a  good  Deed, 
or  deeds  thereof,  he  observing  the  directions  of  the  law  for  the  sale 
of  Eeal  Estates  by  Executors  &  Administrators,  and  giving  sufficient 
Caution  to  the  Judge  of  Probate  for  the  County  of  Essex  that  the 
Proceeds  arising  by  such  sale  shall  be  applied  to  the  payment  of 
the  just  debts  of  the  said  deceased,  and  the  Overplus  secured  for 
the  Benefit  of  the  Heirs.      {^Passed  June  9. 


CHAPTEK    23, 


ORDER    IMPOWERING    JEMIMA    MILES    TO    SELL    REAL    ESTATE    AND 
MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 


Legislative 
BecordB  of  the 
Council, 
xxvll.,  327. 

House  Jour- 
nal, pp.  33, 39, 
40.    Province 
Laws,  11.,  161, 
chap.  10. 


A  Petition  of  Jemima  Miles,  Widow  of  Joseph  Miles  late  of 
Shrewsbury  Yeoman  deceased  Setting  forth  that  the  said  Joseph 
died  siezed  of  about  112  Acres  of  land  with  the  Buildings  thereon, 
lying  in  Shrewsbury  af ores'"  in  which  she  hath  her  Dower:  That  the 
Heirs  who  are  of  age,  are  desirous  of  selling  their  Shares ;  and  pray- 
ing that  she  may  be  impowered  to  make  sale  of  such  part  of  said 
Estate  as  was  sett  off  to  her  as  her  Dower,  the  proceeds  to  be  put 
out  to  Interest  for  her  use  during  her  natural  life,  and  secured  for 
the  Benefit  of  the  heirs  afterwards. 

Read  and 


[1st  Sess.J     Province  Laws  {Resolves,  etc.).  — 1768.  343 

Ordered  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be,  and  she  is  hereby  impowered  to  make  sale  of  the  one 
tlaird  part  of  the  tract  of  land  within  mentioned  for  the  most  the 
same  will  fetch,  and  to  make  and  execute  a  good  deed  or  deeds  of 
the  same,  she  observing  the  rules  of  the  La\v*,  relating  to  the  sale 
of  Real  Estates,  by  Exec"  and  Administr'  and  giving  sufficient  Cau- 
tion to  the  Judge  of  Probate  for  the  County  of  Worcester,  that  the 
Proceeds  arising  by  said  sale  be  put  out  on  Interest  as  is  within  men- 
tioned, that  the  Petitioner  may  recieve  the  Interest  thereof  yearly 
during  her  natural  life,  and  that  after  her  death  the  principal  be 
paid  to  the  Children,  and  Heirs  of  the  within  named  Joseph  Miles 
in  equal  proportion.     {^Passed  June  9. 


CHAPTER    24. 

ORDER  IMFOWERING  ASA  BRIGHAM,  GUARDIAN,  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Asa  Brigham,  Guardian  to  Jemima  Perce,  Mill-  Legislative 
cent  Miles,  and   Keziah   Miles,   all   Minors,  and   Children  of  of '  council, 
Joseph  Miles,  late  of  Shrewsbury  dec*      Setting  forth   That  the  xxvii.,327. 
three  Minors  aforesaid  are  Hiers  to  three  seventh  parts  of  the  said  ^aTpp"^^"39 
Joseph's  Estate,  the  principal  part  of  which  consisted  of  112  Acres  Province' 
of  Land,  and  Buildings  on  the  same  lying  in  Shewsbury,  which  ch\^p!io.''  ^  ' 
Estate  is  not  capable  of  a  Division,  without  great  Prejudice,  and 
that  the  Heirs  who  are  of  age,  are  desirous  of  selling.  And  praying 
that  he  may  be  impowered  to  sell  the  said  Minors  Interest  therein. 

Read  and 

Ordered,  that  the  prayer  of  this  Petition  be  granted;  and  that 
the  Petitioner  be,  and  he  hereby  is  impowered  in  his  said  Capacity, 
to  make  sale  of  so  much  of  the  within  described  Tract  of  Land  and 
Buildings  thereon,  as  belongs  to  the  said  Jemima  Millicent  and 
Keziah,  Children  and  Heirs  of  Joseph  Miles  within  named,  for  the 
most  the  same  will  fetch,  and  to  make  and  execute  a  good  deed  or 
deeds  of  the  same,  he  observing  the  directions  of  the  law  relating  to 
the  sale  of  Real  Estates  by  Executors  and  Admin"  and  giving  suffi- 
cient Caution  to  the  Judge  of  Probate  for  the  County  of  Worcester, 
that  the  Proceeds  arising  by  the  said  sale  be  put  out  on  Interest, 
for  the  Benefit  of  the  three  Children  aforesaid,  Viz'  Jemima,  Milli- 
cent, and  Keziah,  in  equal  Shares  and  Proportions,  and  that  the 
share  and  proportion  of  each  of  them  be  paid  to  them  severally,  as 
they  shall  arrive  to  the  age  of  Twenty  one  years,  or  at  the  times  of 
their  Marriage.     \^Passed  June  9. 


CHAPTER    25. 

RESOLVE    DISCHARGING    HENRY    BALDWIN    AND    JN"    MARTIN    FROM 
LIABILITY  ON  EXCISE  BONDS. 

A  Petition  of  Henry  Baldwin  of  Shrewsbury,  and  John  Martin  Legislative 
of  Northborough,  Inholders    Setting  forth     That  they  were  bound  ^Snclf,"*'"* 
with  one  Jacob  Fisk  of  Hardwick,  who  was  also  licensed :  That  the  xxyii.,328. 


344 


Province  IjAws  (Besolves,  etc.) .  — 1768.     [Chap.  26.] 


House  Jour-      said  Jacob  soon  after  went  out  of  the  Province,  having  as  they  believe 
Province'  never  sold  any  liquors  subject  to  the  Duties  of  Excise:  And  as  the 

notef ■ '^'' *^*'  Collector  of  Excise  cannot  by  law  settle  with  the  Petitioners  with- 
out the  Oath  of  the  said  Jacob,  which  cannot  now  be  procured, 
Praying  for  Eelief. 

In  the  house  of  Representatives. 
It  appearing  to  this  house  that  Jacob  Fisk  mentioned  in  the  Peti- 
tion licensed  as  a  Retailer  in  the  County  of  Worcester  to  sell  spir- 
ituous liquors  at  August  term  1766,  did  not  sell  any  spirituous 
liquors  after  his  being  so  licensed.  Therefore 

Resolved,  that  the  said  Heury  Baldwin  &  John  Martin,  who  were 
bound  with  the  s"*  Jacob  Fisk  for  tlie  payment  of  his  Excise,  be  and 
hereby  are  discharged  from  the  Bond  aforesaid.  In  Council,  Read 
and  Concurred.     \^Passed  June  9. 


CHAPTEE    26 


Legislative 
Records  ol  the 
Council, 
xxvii.,  330. 
Mass. 
Archives, 
cxviii.,  285. 


Archives, 
cxvill.,  278. 
House  Jour- 
nal, pp.  24, 40. 
Province 
Laws,  xU.,  262, 
chap.  287. 


RESOLVE  GRANTING  A  TOWNSHIP  TO  JOSIAH  RICHARDSON  AND  OTHERS. 

A  Petition  of  Josiah  Richardson  of  Sudbury,  Agent  for  a  num- 
ber of  Petitioners,  whose  Ancestors  were  in  the  Expedition  to  Canada, 
iuthe  year  1690  '  Setting  forth,  that  upon  a  Petition  to  the  General 
Court,  in  y''  year,  1737,  an  Order  passed  that  the  Petitioners  should 
make  out,  &  jjrove  their  Claims,  in  right  of  their  Ancestors,  to 
a  Grant  of  land  from  the  Government,  as  other  Soldiers,  in  that 
Expedition  had  done,  and  been  accordingly  recompenced :  that  they 
had  accordingly  done  it;  but  that  no  Grant  had  as  yet  been  made 
them.  And  praying  that  they  may  now  have  a  Grant  of  a  Township 
made  them. 

A  list  of  the  Petitioners  is  as  follows.  Viz' 

James  Taylor,  in  his  omi  right 
John  Ofland  ditto 

John  Mixer  ditto 

John  Jones  ditto 

John  Green,  in  the  right  of  William  Green 
John  Green,  in  the  right  of  John  Green 
Ephraim  Twichell,  in  the  right  of  Joseph  Twichell 
Isaac  Sheffield,  in  the  right  of  William  Sheffield 
Palmer  Goulding,  in  the  right  of  Edward  Clapp 
James  Moor,  in  the  right  of  George  Walkup 
Daniel  Moor,  in  the  right  of  Jacob  Moor 
Ebenezer  Flagg,  in  the  right  of  Richard  Flagg 
Joshua  Kibby^  in  the  right  of  Lodwick  Doivse 
James  Taylor,  in  the  right  of  Nicholas  Fox 
Nathaniel  Morse,  in  the  right  of  Nath'  Morse 
Charles  Richardson,  in  the  right  of  Samuel  Ring 
Francis  Mocke,  in  the  right  of  Timothy  Seyms 
Richard  Ward,  in  the  right  of  Obadiah  Ward 
Daniel  Brewer,  in  the  right  of  Daniel  Brewer 
Samuel  Green,  in  the  right  of  Joseph  Green 
Samuel  Stone,  in  the  right  of  Samuel  Stone 
Joseph  Stone,  in  the  right  of  John  Parkhurst 
Micah  Stone,  in  the  right  of  Daniel  Stone 
John  Weson,  in  the  right  of  Samuel  Weson 
Ebenezer  Twichell,  in  the  right  of  Edward  Twichell 
Richard  Burt,  in  the  right  of  Thomas  Burt 
Daniel  Maclaiilin,  in  tlie  right  of  Robert  Macklafilin 
Joseph  Meriam,  in  the  right  of  Robert  Meriam 
Peter  Grout  in  the  right  of  John  CoUer 
Samuel  Graves  in  his  own  right 
Joseph  Trumbal  in  the  right  of  Joseph  Trurabal 
Ebenezer  Rice  in  the  right  of  Ebenezer  Rice 

'  Mass.  Archives,  cxviii.,  285  j  but  1692  in  both  copies  of  Legislative  Records  of  the 
Council. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  345 

John  Cogin  in  the  right  of  John  Cogin 

John  Co:j;in  in  the  right  of  Henry  Cogin 

Caleb  Bridges  in  the  right  of  Joshua  Bridges 

Abner  Nuterson  ^  in  the  right  of  John  Fay,  claimed  by  Palmer  Goulding 

John  Fay,  in  his  own  right,  claimed  by  D'^ 

Samuel  Liscom,  in  the  right  of  his  father 

Nathaniel  Dyke,  in  his  own  right,  claimed  by  P.  Goulding 

Daniel  Walker,  in  his  own  right 

Daniel  Walker,  in  the  right  of  Thomas  Axdill 

Ebenezer  Corey,  in  the  right  of  Thomas  Corey 

John  Woodward,  in  the  right  of  Joseph  Moore 

James  Paterson,  in  the  right  of  Andrew  Paterson,  claimed  by  Palmer  Goulding 

Amos  Hide  in  the  right  of  Daniel  Hide 

Norman  Clark  in  the  right  of  Daniel  Mackey 

Eben'  Corey  in  the  right  of  Samuel  Page 

Peter  Bent  in  the  right  of  Hopestill  Bent 

Edward  Ward  in  his  own  right 

James  Paterson  in  the  right  of  Andrew  Patterson,  claimed  by  Palmer  Goulding 

Noah  Parker,  in  the  right  of  Elea'  Hide 

Benj»  Parker  in  the  right  of  Isaac  Parker 

Joseph  Barthe  in  his  own  right 

John  Clark  in  the  right  of  John  Clark 

Samuel  Paris  in  the  right  of  Peter  Noyes 

Jonathan  Parker  in  his  own  right 

Ezra  Holbrook,  in  the  right  of  John  Holbrook 

Nath>  Emmes  in  the  right  of  Nath'  Emmes 

Nath'  Emmes  in  the  right  of  John  Jacquish 

Isaac  Baldwin  in  the  right  of  Abr"  Bryant 

Joseph  Harrington  in  the  right  of  his  father  Joseph  Harrington 

Daniel  Woods  in  the  right  of  his  Uncle Woods 

Jesse  Rice  in  right  of  his  father  Joseph  Rice 

Moses  Bellows  in  right  of  his  father 

Sam'  Whitney  in  the  right  of  Joseph  Beach 

James  Fowle  in  the  right  of  James  Fowle 

Jonas  Bond  in  the  right  of  Jonas  Bond 

Josiah  Fuller  in  the  right  of  Joseph  Winter 

Tho»  Herrington  in  the  right  of  Daniel  Herrington 

Joshua  Fuller  in  the  right  of  Joseph  Winter 

John  Temple  in  the  right  of  his  father  Richard  Temple 

John  Noyes  in  the  room  of  Moses  Noyes 

Nath'  Sparhawk  in  the  right  of  No'  Sparhawk 

David  Corny  in  the  right  of  John  Corny 

Samuel  Fuller  in  the  right  of  Richard  Park 

Joshua  Fuller  in  the  right  of  Nath'  Norcross 

Joseph  Morse  in  the  right  of  Joseph  Morse 

[Eead  and] 

Resolved  that  there  be  granted  To  Josiah  Richardson  And  others 
whose  Names  are  mentioned  in  the  Petition  herewith  Exhibited 
whose  Ancestors  were  in  the  Expedition  Against  Canada  in  the 
Year  1690  a  Township  of  the  Contents  of  Six  Miles  &  three  Quarters 
square  to  be  laid  out  in  the  unappropriated  Lands  of  this  Province 
to  the  Eastward  of  Saco  Eiver  provided  the  Grantees  within  Seven 
Years  Settle  eighty  Families  in  s""  Town  build  a  House  for  publick 
Worship  And  Settle  A  learned  protestant  Minister  &  lay  out  one 
eighty  third  Part  for  the  first  Settled  Minister  one  Eighty  third 
Part  for  the  Ministry  &  one  Eighty  third  Part  for  the  use  of  the 
School  in  s"*  Town  &  one  Eighty  third  part  for  the  Use  of  Harvard 
College  for  ever  Provided  also  they  Return  a  Plan  thereof  into  the 
Secretarys  Office  in  twelve  Months  from  the  Date  Herof  for  Confir- 
mation.    [Passed  June  9. 

^  The  State  Library  copy,  Legislative  Records  of  the  Council,  xxviii.,  338,  reads, 
"  Muterson." 


346 


Province  Laws  {Resolves,  etc.).  — 1768.     [Chaps.  27-29.] 


CHAPTER    27. 


Legislative 
Records  of  the 
Council, 
xxvli.,  332. 
Mass. 
ArchivBB, 
Ixxx.,  659. 

Mass. 
Archives, 
Ixxx.,  658. 
House  Jour- 
nal, j)p.  33, 41. 
Province 
Laws,  xvl.,  89, 
chap.  199. 


RESOLVE   ALLOWING    £2.  10   TO   SAM"-  KNAP. 

A  Petition  of  Samuel  Knap  of  Kittery  Setting  forth,  that 

liis  Brother  John  Knap  was  a  Soldier,  in  Cap'  Tapley's  Company, 
in  the  pay  of  the  Province,  in  1757.  who  was  taken  Prisoner  at  the 
Surrender  of  Fort  William  Henry,  and  carried  to  France  where  he 
died.  That  when  the  Petitioner  recieved  his  Brother's  Wages,  there 
was  a  deduction  of  fifty  shillings  for  a  Province  Gun,  which  he  car- 
ried out;  And  praying  an  Allowance,  as  it  was  out  of  his  power  to 
liave  returned  it 

[Read  and] 

Resolved  that  the  prayer  of  the  within  Petition  be  granted  &  that 
there  be  allowd  &  paid  out  of  the  publick  Treasury  to  the  petitioner 
the  Sum  of  Two  pound  ten  Shillings  in  Consideration  of  the  gun 
mentiond  in  the  Petition.     [^Passed  June  9. 


CHAPTER    28. 


ORDER  SETTING   OFF    EBENEZER    PAGE   WITH   HIS   ESTATE   FROM  THE 
TOWN  OF  LEXINGTON  TO   THE   TOWN  OF  BEDFORD. 


Legislative 
Records  of  the 
Council, 
xxvil.,333. 

Legislative 
Records  of  the 
Council,  xxvi., 
312,  357,  364. 
House  Jour- 
nal, p.  46. 


The  Committee  appointed  the  9^^  of  Jan''  last,  on  the  Petition 
of  Ebenezer  Page  of  Lexington  praying  to  be  sett  off  to  Bedford, 
made  report,  &  thereupon  the  following  Order  passed,  viz' 

Ordered  that  the  Petitioner  with  his  Lands,  agreable  to  the  fol- 
lowing Bounds  be  &  hereby  are  sett  off  to  the  town  of  Bedford,  there 
to  do  duty  &  recieve  privilege,  Viz'  beginning  at  a  Maple  tree  marked, 
standing  in  Bedford  line,  thence  running  East  331/2  Degrees,  north 
123%  rods,  to  the  South  Corner  of  Pages  Field,  on  the  East  side  of 
the  road  leading  to  Lexington  Meetinghouse,  thence  running  North 
iby2  degrees  East,  160  Eods,  to  a  Stake  &  heap  of  Stones  at  the 
Corner  of  a  Wall,  being  the  Northwest  Corner  of  Will"  Read  Esq''" 
Pasture.     [Passed  June  9. 


CHAPTER    29 


RESOLVE  IMPOWERING   ABIGAIL   CARTER,  ADM^,  TO   RE-CONVEY  LAND. 


Legislative 
Records  of  the 
Council, 
xxvU.,  334. 

House  Jour- 
nal, pp.  32, 41. 


A  Petition  of  Benjamin  Osgood  of  Lancester  Yeoman  and  of 
Abigail  Carter  Widow  &  Administratrix  of  y*  Estate  of  her  late 
Husband  John  Carter  of  said  Lancaster  Esq'  dec''  Setting  forth  that 
on  the  28"  of  March  1763,  the  s**  Benj"  being  indebted  to  the  said 
John,  in  the  Sum  of  Eighty  Pounds,  for  security  of  tlie  same  gave 
to  the  said  John  an  absolute  deed  of  his  farm  in  said  Lancester,  con- 
taining seventy  eight  Acres,  which  by  a  writing  under  his  hand,  he 
the  said  John  promised  to  reconvey,  upon  the  payment  of  the  said 
Sum  with  Interest,  mthin  two  years  And  praying  that  she  may  be 
impowered  to  reconvey  the  said  farm  upon  payment  of  the  principal 
Sum  &  Interest,  the  time  limited  being  elapsed  notwithstanding 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1768.  347 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  withinmentioned,  be  so 
far  granted  as  that  the  said  Abigail  Carter  be,  and  hereby  is  author- 
ized and  impowered,  in  her  said  Capacity  to  reconvey  the  Premisses 
in  the  Petition  mentioned  to  the  within  named  Benja"  Osgood,  or 
his  heirs,  when  the  said  Benjamin  shall  pay  the  said  Abigail  the 
Sum  of  Eighty  Pounds,  with  the  Interest  thereof  as  in  the  said 
Petition  mentioned,  which  Conveyance  when  made,  shall  be  to  all 
Intents  &  purposes  as  effectual  to  the  said  Benjamin  and  his  Heirs, 
as  if  it  had  been  made  by  the  said  John  Carter  in  his  life  time. 
[Passed  June  10. 


CHAPTER    30. 

RESOLVE   ALLOWING  £3  AND   AN   ADDITIONAL   £3    TO    HIS    PENSION    TO 
ROB^  MILLER. 

A  Petition  of  Robert  Miller  of  Sanf ord,  in  y"  County  of  York    Set-  ^^Kj,^'^J'Jfj^g 
ting  forth,  that  in  Consideration  of  the  loss  of  an  Arm  at  Louisbourgh,  council, 
in  the  year  1745,  he  recieved  for  about  twelve  years,  a  Pension  of  M^,sa.'^ 
£3  ^  Annum  and  that  for  two  years  past  he  has  been  allowed  an  Aj'^^'^^^j 
additional  Pension  of  three  Pounds;  and  as  his  health  is  now  much  - — - — '— 
impaired,  praying  for  an  additional  Allowance  Archives, 

[Read  and]  'S^^kTour. 

Resolved  that  there  be  granted  and  allowed  to  be  Paid  out  of  the  nai,pp.32,46. 
Publick  Treasury  the  Sume  of  three  Pounds  To  Robart  Miller  the  Llw8?xfv.,U5, 
Petitioner  for  Ins  Present  Subsistence  and  that  there  be  added  to  igo^'chlp^aV.' 
his  former  Pension  which  was  six  Pounds,  three  Pounds  making  Ante,  p.  74, 
in  the  whole  Nine  Pounds  to  be  Paid  Annually  during  the  Courts  '^^'^'^'  ^" 
Pleasure  to  Commence  in  January  next  at  which  Time  his  former 
Pension  becomes  Due.     [Passed  June  10. 


CHAPTER    31. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  WORCESTER 
COUNTY. 

The  following  Order  passed  on  the  Account  of  John  Chandler  Legislative 
Esq"'  Treasurer  of  the  County  of  Worcester,  the  same  being  laid  cofmctf,  "*  *^^ 
before  this  Court  for  their  Allowance,  Viz'  xxvii.,  337. 

Resolved  that  the  within  Account  being  right  cast  &  well  vouched  House  Jour, 
be  allowed ;  and  that  the  Treasurer  be  discharged  of  the  sum  of  Two  ^lle,^^. 227^"' 
hundred  &  Eighty  one  pounds,  eighteen  shillings  &  nine  pence,  "hap.  1. 
which  he  has  paid  by  order  of  the  Court  of  Sessions  including  his 
own  Commissions,  &  the  tax  laid  on  y^  town  of  Woodstock  for  the 
year  1767.  And  that  he  be  further  accountable  for  a  Balance,  of 
Two  hundred  &  seventy  two  pounds,  ten  shillings  and  nine  pence 
three  farthings,  now  outstanding ;  and  also  for  the  tax  laid  on  Wood- 
stock, when  he  shall  recieve  the  same.     [Passed  June  10. 


348 


Pkovinoe  IjAVf^  {Resolves,  etc.) .  — 1768.     [Chaps.  32,33.] 


CHAPTER    32 


RESOLVE  IMPOWERING  JOB  SMITH  AND  HANNAH   MARICK,  EXECUTORS, 
TO   SELL  REAL  ESTATE. 


Legislative 
EecordB  of  the 
Council, 
xxvii.,  341. 

House  Jour- 
nal, pp.11, 18, 
36, 51.    Prov- 
ince Laws,  ii., 
151,  cbap.  10. 


A  Petition  of  Job  Smith  and  Hannah  Marick  Executors  of  the 
last  Will  &  Testament  of  Isaac  Marick  late  of  Taunton  dec*  Setting 
forth  that  the  deceaseds  Debts  amount  to  £95.15.11%  more  than 
his  personal  Estate  amounts  to,  that  divers  Executions  are  out  against 
said  Estate:  And  praying  that  they  may  be  impowered  to  sell  so 
much  of  the  deceased's  Real  Estate,  as  may  be  sufficient  to  dis- 
charge the  said  Debts 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
Petitioners  be  and  hereby  are  impowered  in  their  said  Capacities  to 
sell  so  much  of  the  deceaseds  Real  Estate  as  shall  be  sufficient  to 
pay  the  said  deceaseds  just  debts  and  the  further  charges  that  may 
arise  in  settling  s'^  Estate  for  the  most  it  will  fetch,  taking  the  same 
where  it  can  be  best  spared  and  with  the  least  prejudice  to  what 
remains ;  and  to  make  and  execute  a  good  deed  or  deeds  of  the  same 
in  Law  to  the  purchaser  or  purchasers;  they  observing  the  rules 
given  by  Law  to  Executors  &  Adlnin"  for  the  Sale  of  Real  Estate, 
and  giving  caution  to  the  Judge  of  Probate  for  the  County  of  Bris- 
tol that  the  proceeds  arising  by  said  Sale  be  applied  to  the  purposes 
hereinmentioned.     \^Passed  June  14. 


CHAPTER    33, 


RESOLVE  IMPOWERING  STEP''  BADLAM,  GUARDIAN,  TO  JOIN  IN  SALE 
OF  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGAKD  TO  THE 
PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvli.,  342. 

House  Jour- 
nal, })p.  32, 51. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Stephen  Badlam  of  Dedham  Guardian  to  Stephen, 
Elizabeth '  &  William  Badlam  Minors,  Children  of  Stephen  Badlam 
and  Hannah  his  Wife  both  deceased  and  Grand  Children  of  the 
Petitioner  Setting  forth  That  the  said  Minors,  together  with 
their  Brother  Ezra  Badlam  and  Sister  Hannah  Pierce  both  of  age 
are  siezed  in  right  of  their  mother  of  one  fifth  part  of  300  Acres 
of  unimproved  Land  in  Ashburuham :  that  this  Court  hath  already 
given  leave  for  the  sale  of  two  fifths  of  said  Land  belonging  to  the 
Children  of  Stephen  Clap  Minors,  and  that  all  others  interested  in 
the  said  Land  who  are  of  age,  are  desirous  of  selling  the  same  and 
praying  that  he  may  be  impowered  to  join  in  the  sale  in  the  behalf 
of  the  said  Minors. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be,  and  hereby  is  impowered  in  his  s*  capacity  to  join 
with  the  rest  of  the  said  persons  interested  in  the  Sale  of  said  Lands, 
in  executing  a  good  deed  or  deeds  in  Law  to  the  purchaser  or  pur- 
chasers, he  observing  the  rules  given  by  Law  to  Exec"  and  Admin''^ 
for  the  sale  of  Real  Estate,  and  giving  caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Suflolk  that  the  proceeds  arising  by  said  Sale 

'  Abigail  ?     See  infra,  top  of  p.  349. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  349 

may  be  put  to  interest  and  kept  for  the  benefit  of  said  Minors  when 
they  shall  arrive  to  full  age,  or  to  the  said  Abigail  when  she  shall 
arrive  to  the  day  of  Marriage  or  to  full  age.     [Passed  June  15. 


CHAPTEK    34. 

KESOLVE    IMPOWERING    THE    JUSTICES    OF    THE    INFERIOR    COURT    IN 
THE   COUNTY  OF  PLYMOUTH   TO   RE-CONSIDER  A  JUDGMENT. 

A  Petition  of  Thomas  Clap  and  Samuel  Gushing  Esq"  Setting  Legislative 
forth,  That  they  brought  an  Action  against  Samuel  Stoddard  of  J^^^^^lf "' ""^ 
Hingham  upon  a  plain  Bond  and  recovered  Judgment  against  him ;  xxvii.,  343. 
but  thro'  mistake  the  Judgment  was  for  £4.10.6  short  of  the  just  House  Jour- 
debt,  which  was  not  perceived  until  the  Execution  was  returned  •"'1.pp-3i,53. 
satisfied.  And  praying  that  the  Justices  of  the  Court  from  whence 
the  execution  issued  may  be  impowered  to  rectify  the  said  Judg- 
ment at  their  next  term. 

[Read  and] 

Resolved  That  the  prayer  of  the  Petition  of  Thomas  Clap  and 
Samuel  Cushing  be  granted,  and  that  the  Justices  of  the  Inferior 
Court  of  Common  pleas  at  the  next  term  to  be  holden  in  and  for 
the  County  of  Plymouth  on  the  first  Tuesday  of  July  be  and  hereby 
are  impowered  to  reconsider  the  Judgment  made  up  by  said  Justices 
at  an  Inferior  Court  of  Common  pleas  holden  at  Plymouth  on  the 
second  Tuesday  of  April  1767,  and  to  rectify  any  mistake  in  said 
Judgment  made  up  in  said  Court  on  a  Bond  mentioned  in  said  Peti- 
tion, the  Petitioners  being  Plaintiffs  and  Samuel  Stoddard  Def,  and 
award  Execution  for  so  much  as  they  the  said  Justices  shall  find 
justly  due  and  still  remaining  unpaid,  the  Petitioners  to  notify  the 
said  Samuel  Stoddard  to  be  present  at  said  Term  if  he  please,  to 
offer  his  objection,  if  any  he  hath  by  serving  said  Stoddard  with  a 
Copy  of  the  Petition  and  Resolve  of  Court  thereon  seven  days  before 
the  sitting  of  said  Court.     [Passed  June  15. 


CHAPTEE    35. 


ORDER  DIRECTING  DELIVERY  OF  A  COPY  OF  THE  PROVINCE  LAWS  TO  Legislative 

THE   DISTRICT   OF   WELFLEET.  Records  of  the 

Council, 
xxvii.,  344. 

Ordered  that  the  Printers  be  directed  to  deliver  the  District  of  House  Jour- 
Welfleet  a  set  of  the  Province  Laws.     [Passed  June  15.  nai.p.  54. 


CHAPTER    36.  ^^«'^!?«'?.h 

Records  of  the 
Council, 
ORDER  DIRECTING  THE  IMPOST  OFFICER  TO  SUPPLY  PLYMOUTH  LIGHT-  m""'  ^*^- 
HOUSE   WITH   OIL   AND   OTHER   NECESSARIES.  Archives, 

Ixvi.,  437.' 


Order'^  that  the  Impost  Officer  be  &  hereby  is  directed  to  Supply  House  Jour, 
the  Light  House  at  Plymouth  with  oil  &  other  necessarys,  till  the  Province' 
further  order  of  this  Court,  upon  Application  from  the  Committee  note.^' il;;<™^' 
appointed  to  Agree  with  some  meet  Person  to  keep  said  Light  House,  p-  3-b,  chap.' 
[Passed  June  15.  chap.'37{™' 


350 


Province  Laws  [liesolves, etc.).  — 1768.     [Chaps.  37,  38.] 


CHAPTEE    37, 


Legislative 
Eecords  of  the 
Council, 
xxvii.,  345. 
Mass. 
Archives, 
Ixvi.,  43B. 

House  Jour, 
ual,  p.  54. 
Supra,  chap. 


ORDER  APPOINTING  A   COMMITTEE  TO   ENGAGE   A  KEEPER  FOR  PLYM- 
OUTH LIGHT   HOUSE. 

In  the  House  of  Representatives 

Orderd  that  Coll  Warren  &  Cap  Thomas  with  such  as  the  Hon 
Board  shall  joyn  be  a  Com^  to  agree  with  a  meet  person  to  take  the 
Care  of  the  Light  house  on  the  Crurnett  near  Plymouth  Harbour, 
now  nearly  finishd,  to  report  at  the  next  Session  of  this  Court 

And  that  the  said  Committee  be  instructed  to  prepare  a  proper 
Advertisement,  to  be  lodgd  at  the  Impost  Office,  setting  forth  that 
a  Light  house  is  there  erected,  &  the  Course  to  steer  with  Safety 
on  Sight  thereof  at  Sea 

In  Council  Read  and  Concurred  and  Gamaliel  Bradford  Esq"^  is 
joined  in  the  Affair.      [Fassed  June  15. 


CHAPTEE    38, 


Legislative 
Eecords  of  the 
Council, 
xxvii.,  316,  346. 

Legislative 
Eecords  of  the 
Council, 
xxvii.,  122. 
House  Jour, 
nal,  pp.  47, 54, 


ORDER  IMPOWERING  THE  ASSESSORS  OF  DISTRICT  OF  CONWAY  TO   LAY 
A  TAX  OF  ONE  PENNY  PER  ACRE  YEARLY   FOR  THREE   YEARS. 

A  Petition  of  Thomas  French  Agent  for  the  town  of  Conway, 
praying  for  a  Tax  on  the  lands  in  said  town,  for  the  purpose  of 
building  a  Meeting  house,  &  supporting  the  Gospel, 

Ordered  that  there  be  and  hereby  is  a  Tax  of  one  penny  ^  Acre 
yearly  for  the  space  of  three  years  laid  on  all  the  Lands  lying  in 
Conway  in  the  County  of  Hampshire  for  the  purposes  in  said  Peti- 
tion mentioned,  and  that  the  Assessors  and  Collectors  or  Constables 
of  said  Conway  be  and  hereby  are  respectively  impowered  to  assess 
and  Collect  the  same  and  in  case  any  of  the  owners  or  Proprietors 
of  s"  Land  neglect  or  refuse  to  pay  their  respective  Assessments  on 
said  Land  for  sixty  days  after  such  Assessment  is  made  and  pub- 
lished by  posting  up  the  same  in  some  public  place  in  said  Conway, 
and  in  the  shire  Town  in  the  County  of  Hampshire,  that  then  and 
in  such  case  it  shall  and  may  be  lawful  for  the  s"*  Assessors  to  post 
up  in  some  public  place  in  said  Town  Notifications  of  the  intented 
Sale  sale '  of  so  much  and  no  more  of  such  delinquent  Proprietors 
Lands  as  they  shall  judge  necessary  to  pay  and  satisfy  said  Taxes 
and  other  necessary  and  intervening  charges  three  months  before 
the  same  be  sold.  And  also  that  the  said  Assessors  be  obliged  for 
the  notification  of  said  Proprietors  to  advertise  in  all  the  Boston 
News  papers  three  several  Weeks  the  intended  Sale  at  least  three 
Months  before  the  Land  be  sold,  and  if  any  delinquent  Proprietors 
do  not  by  that  time  pay  such  Taxes  and  charges,  then  and  in  that 
case  it  shall  be  lawful  for  the  said  Assessors  at  a  Public  Vendue  to 
sell  and  execute  absolute  Deeds  in  the  Law  for  conveyance  of  such 
delinquent  Proprietors  Lands  to  the  Person  or  persons  who  shall 
give  most  for  the  same  which  deeds  shall  be  good  to  all  intents  and 
purposes  in  the  Law  for  conveying  such  Estates  to  the  Grantees 
their  Heirs  and  Assigns  forever;  and  if  the  said  Lands  be  sold  for 
more  than  said  Taxes  and  charges  the  overplus  to  be  paid  to  such 
delinquent  Proprietor  or  his  order.     \^Passed  June  16. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  351 


CHAPTER    39. 

RESOLVE  IMPOWERING  SARAH   WILLSON  TO   SELL  HER  DOWER  IN   AN 
ESTATE   AND   MAKING   PROVISION    IN   REGARD   TO   THE   PROCEEDS. 


A  Petition  of  Sarah  Willson  Widow  of  Samuel  Willson  late  of  R|f^^'^*'J^t 
Bedford  in  the  County  of  Middlesex  dec"*  Setting  forth    That  there  council,  _ 
was  set  off  to  her  for  her  dower  in  her  said  Husbands  Estate  one  ^•'""••^■t'- 


third  part  of  50  Acres  of  Land  and  of  one  half  a  Saw  Mill  and  Grist  Jfal^^^.l'a'r^M. 
Mill  together  with  part  of  an  old  House;  that  the  premises  are  now  £''°7'°,1'^ '^ji 
greatly  out  of  repair,  and  she  by  reason  of  poverty,  old  age  and  ill-  ciiap.'io." 
ness,  unable  to  make  the  necessary  Repairs :  that  the  other  two  thirds 
were  lately  sold  and  her  Children  judge  it  best  that  her  third  should 
be  likewise  sold  and  the  interest  of  the  Money  applied  towards  her 
support.  And  praying  that  she  may  be  impowered  to  sell  the  same 
accordingly. 

[Read  and] 

Rcfioh'ed  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  authorized  and  imjiowered  to  make  Sale 
of  the  one  third  part  of  the  Lauds,  Mills  &  other  Buildings  in  the 
said  Petition  mentioned  for  the  most  the  same  will  fetch,  and  to 
make  and  execute  a  good  and  sufficient  deed  or  deeds  of  the  same, 
she  observing  the  rules  of  the  Law  respecting  the  sale  of  Real  Estates 
by  Executors  and  Admin''  and  giving  sufficient  security  to  the  Judge 
of  Probate  for  the  County  of  Middlesex  that  the  proceeds  arising  by 
said  Sale  be  put  out  on  interest  for  the  following  purposes  viz'  That 
the  Petitioner  shall  and  may  receive  the  interest  thereof  during  her 
life,  and  after  her  death  that  the  principal  be  paid  to  the  several 
Heirs  according  to  their  respective  interests  and  rights  in  the  prem- 
ises.    ^Passed  June  16. 


CHAPTER    40. 

RESOLVE  GRANTING  100  ACRES  OF  LAND  TO  CHILEAB  SMITH. 

A  Petition  of  Chileab  Smith     Setting  forth     That  he  settled  Jj||i^^'|fjf,i,g 
upon  Lands  at  Huntstown  before  the  last  War  and  during  the  War,  council, 
he,  with  his  three  Sons  defended  themselves  there:  that  the  Pro-  ^'^ ''''■■  348. — _ 
prietors  afterwards  laid  him  out  a  100  Acre  lot  N°  50  upon  which  ^^'i^pp^'ae.'^ST. 
he  hath  spent  to  the  amount  of  £80  in  fencing  and  clearing;  but  ProTince  ' 
that  by  a  late  running  of  the  Lines  of  said  Town  now  called  Ash-  chs^.'is^j'xv"' 
field,  it  appears  that  said  Lot  is  not  within  the  Township,  but  that  ^''  ''''"p-  ^^• 
it  is  Province  Land.  And  praying  that  for  the  considerations  before 
mentioned  the  same  may  be  confirmed  to  him,  as  it  stands  on  the 
Proprietors  Book  of  Records  viz'  the  Southwest  corner  of  the  Lot 
N°  50  is  in  the  Line  of  N°  18,  60  rods  from  the  NE  corner  thereof, 
from  which  it  runs  North  19  deg*  East  100  Rods,  thence  East  19 
deg:  South  112  rods  5  feet,  thence  South  19  deg.  West  207  Rods, 
thence  West  19  deg  North  52  rods  5  feet,  thence  North  19  deg  East 
107  rods,  thence  West  19  deg:  North  60  rods  and  closed  to  the  first 
Stake  and  bounded  North  and  East  upon  undivided  Lands  South 
partly  upon  N°  34  first  division  Lot  and  partly  upon  N°  18  second 
Division,  and  West  partly  on  said  N°  18  and  partly  on  undivided 
Land,  in  quantity  One  hundred  Acres. 


352 


Province  Laws  {Resolves, etc.).  — 1768.     [Chaps.  41,  42.] 


[Read  and] 

Resolved,  That  the  prayer  of  the  Petition  be  granted,  and  that  the 
whole  Eight  of  this  Province  in  the  hundred  Acres  of  Land  in  the 
Petition  of  the  said  Chileab  Smitli  mentioned  and  described,  be 
granted  to  the  said  Chileab  to  hold  to  him,  his  Heirs  and  Assigns 
forever;  He  the  said  Chileab  giving  security  to  the  Province  Treas- 
urer to  pay  the  Sum  of  Ten  Pounds  into  the  Province  Treasury  for 
the  use  of  the  said  Province  within  two  years  from  this  time.  \^Passed 
June  16. 


Legislative 
Records  of  the 
Council, 
xxvii.,  349. 

House  Jour- 
nal, pp.  41, 52, 
54,  66.    Ante, 
p.  288,  chap. 
133;  p.  326, 
cbap.  215. 


CHAPTEE    41. 

RESOLVE  GRANTING   1,000  ACRES  OF    EQUIVALENT    LAND    TO    SAM"- 
BROWN. 

The  Memorial  of  Samuel  Brown  was  read  and  thereupon 
Resolved  That  the  prayer  thereof  be  granted,  and  that  the  Land 
delineated  and  described  in  the  Survey  and  Plans  returned  viz'  Three 
hundred  and  eighty  seven  acres  part  thereof  on  Saddle  Mountain 
so  called  adjoinning  to  Lanesborough,  and  six  hundred  and  thirty 
three  acres  at  Jericho  so  called  in  the  County  of  Berkshire  in  two 
pieces,  be  granted  &  confirmed  to  the  said  Samuel  Brown  and  his 
Heirs  in  full  for  the  thousand  Acres  granted  to  the  Memorialist  in 
February  last.  Provided  the  same  doth  not  exceed  One  thousand  & 
twenty  acres  and  doth  not  interfere  with  any  former  Grant.  Pro- 
vided also  that  the  said  six  hundred  and  thirty  Acres  at  Jericho 
aforesaid  upon  the  final  settlement  of  the  Boundary  Line  of  this 
Province  with  New  York  doth  not  interfere  with  said  settlement; 
but  in  case  it  should  so  happen  in  the  final  settlement  of  said  Line 
that  any  part  of  said  Lands  near  said  Boundary  Line  shall  be  in- 
cluded within  the  Province  of  New  York,  then  the  said  Samuel 
Brown  shall  be  allowed  and  have  liberty  further  to  Survey  and  lay 
out  so  much  Land  as  shall  be  taken  off  by  the  settlement  of  said  Line 
in  some  of  the  unappropriated  Lands  of  this  Province,  and  return  a 
Plan  thereof  to  this  Court  for  confirmation.  Provided  the  same  be 
done  by  a  skilful  Surveyor  and  Chainmen  under  Oath  &  returned 
within  twelve  months  next  after  settlement  of  s"  Line.  [Passed 
June  16, 


CHAPTEE    42 


Legislative 
Records  of  the 
Council, 
xxvii.,  3.^1. 

House  Jour- 
nal, pp.  40, 55, 
56.    Ante, 
p.  136,  chap.  45. 


RESOLVE   RELEASING  PROVINCE  TITLE  TO    LAND    TO    HUMP:   DENAND. 

A  Petition  of  Humphrey  Denand  Setting  forth  That  in  the 
year  1764  he  began  a  Settlement  on  a  Tract  of  Land  lying  West  of, 
and  near  to  Pittsfield  since  granted  to  Benj"  Goodrich  and  Others. 
That  afterwards  finding  that  M'  Cha'  Goodrich  was  employed  by 
other  persons' settled  thereabouts  to  apply  to  the  Court  for  Grants 
of  such  Lands,  he  also  applied  to  the  said  Charles  and  depended  on 
having  his  name  inserted  in  the  Grant;  but  by  some  means  or  other 
it  was  omitted.  And  Praying  Eelief. 

The  Petition  of  Humphrey  Denand  was  read,  and  it  appearing 
that  the  said  Humphrey  in  the  year  1764  before  any  Grant  or  Ee- 
lease  of  the  Tract  of  Land  in  said  Petition  mentioned  was  made  by 
this  Province,  took  possession  of  part  of  the  said  Tract  of  Land,  and 


[1st  Sess.]     Province  Laws  {Jlesolves,  etc.).  — 1768.  353 

that  he  has  ever  since  continued  in  quiet  and  peaceable  possession 
thereof,  and  that  when  the  General  Court  of  this  Province  on  the 
20""  of  June  1766  released  and  quit  claimed  to  one  Benj"  Goodrich 
and  Others  all  their  right  &  title  to  said  Land,  it  was  their  true 
intention  &  design  to  have  released  and  confirmed  the  same  Land 
to  all  the  then  Inhabitants  and  Possessors  thereof,  but  that  the  said 
Humphrey  tho'  then  an  Inhabitant  there  by  some  mistake  was  not 
mentioned  or  included  in  the  same  Release  or  quit  claim. 

Therefore 

Resolved  That  so  much  of  the  said  Tract  of  Land  as  the  said  Hum- 
phrey was  possessed  of  at  the  time  of  making  the  Release  aforesaid 
to  the  said  Benj*  Goodrich  and  others,  and  all  the  right  and  title 
of  this  Province  in  and  to  the  same  be  released  and  quit  claimed 
to  the  s''  Humphrey  and  his  Heirs.  Provided  that  the  same  do  not 
contain  more  than  one  fifteenth  part  of  the  whole  of  the  said  Tract 
of  Land,  he  paying  or  giving  security  to  the  Province  Treasurer  for 
payment  of  one  shilling  ^  Acre  for  the  same,  be  it  more  or  less. 
^Passed  June  16. 


CHAPTEK    43. 

RESOLVE   ALLOWING   £4.  16.  6  TO  W"  NEWMAN. 

A  Petition  of  William  Newman  of  Lynn    setting  forth.  That  in  Legislative 
the  year  1762  he  entered  as  a  Soldier  in  the  pay  of  the  Province  coSncif, *'"'"' 
under  Cap'  Moses  Hart;  and  that  returning  late  in  the  Fall  from  xxyii., 3a2. 
Halifax,   he   contracted  an   illness  which  confined  him  near  two  House.iour- 
mouths,  and  that  by  reason  of  other  misfortunes  since,  he  has  not  57. ''''''  ''    ' 
been  able  to  pay  his  Doctor  and  Nursing.  And  praying  an  allowance. 

[Read  and] 

Resolved  That  there  be  and  hereby  is  granted  to  the  Petitioner 
William  Newman  four  fiouuds,  sixteen  shillings  and  six  pence  out 
of  the  public  Treasury  in  full  for  his  Doctoring  and  Nursing  men- 
tioned in  his  Petition,  paid  to  M"'  Ebenezer  Burrill  for  the  use  of 
the  Petitioner  in  the  discharge  of  said  debts.'     {^Passed  June  16. 


CHAPTEE    44. 

ORDER  directing  DELIVERY  OF   A   COPY  OF   THE  PROVINCE   LAWS   TO 
THE   TOWN   OF   CHESTERFIELD. 

Ordered  that  the  Printers  be  and  hereby  are  directed  to  deliver  Legislative 
to  the  Town  of  Chesterfield  a  set  of  the  Province  Laws.'     [Passed  ^1^°^^^°^^^" 
June  16.  xxvii..  J53. 

'  Final  action  not  found  in  the  House  JournaL 

^  Not  found  in  the  House  Journal.  ' 


354 


Province  Laws  {Resolves,  etc.).  — 1768.     [Chaps.  45-47.] 


CHAPTEK    45 


RESOLVE  IMPOWERING   ELIZ*  BARTLET,  ADM^,  TO   SELL  REAL  ESTATE. 


Legislative 
Records  of  the 
Council, 
xxvii.,  355. 

House  Jour- 
nal, pp.  15, 50, 
.11,  60.    Prov- 
ince Laws,  ii., 
151,  chap.  10. 


A  Petition  of  Elizabeth  Bartlet  "Widow  and  Admin^  of  the  Estate 
of  Gershom  Bartlet  late  of  Newton  in  the  Province  of  New  Hamp- 
shire deceased  Intestate  setting  forth  That  the  deceaseds  debts 
amount  to  more  than  his  Personal  Estate,  in  consequence  of  which 
she  hath  obtained  leave  from  the  Judge  of  Probate  in  New  Hamp- 
shire to  sell  as  much  of  the  Eeal  Estate  as  will  pay  the  said  debts. 
That  he  left  only  two  pieces  of  Land  one  lying  in  New  Hampshire 
being  his  Homestead,  which  she  is  unwilling  to  sell,  the  other  piece 
containing  about  eleven  Acres  of  Pasture  lyes  partly  in  New  hamp- 
shire  and  partly  in  the  Massachusetts  Government,  and  can  be  sold 
to  tlie  least  disadvantage.  And  praying  that  she  may  be  impowered 
to  sell  the  same  for  the  purpose  aforesaid. 

[Eead  and] 

Resolred  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  in  her  s''  capacity  to  sell  all 
the  Real  Estate  within  mentioned  lying  within  this  Province,  and 
to  make  and  execute  a  good  deed  or  deeds  to  the  purchaser  or  pur- 
chasers, she  observing  the  directions  given  by  the  Law  of  this  Prov- 
ince relating  to  Exec''^  and  Admin'''*  selling  of  Eeal  Estate;  and 
giving  caution  to  the  Judge  of  Probate  for  the  County  of  Essex 
who  is  hereby  impowered  and  required  to  receive  the  same,  that  the 
said  proceeds  arising  by  the  sale  of  said  Estate  may  be  applied  to 
the  within  mentioned  purposes.      [Passed  June  17. 


CHAPTEK    46, 


RESOLVE   ALLOWING   £6   TO   DAV°  RANSFORD. 


Legislative 
Records  of  the 
Council, 
xxvii.,  357. 


Mass. 
Archives, 
Ixxx.,  655. 
House  Jour- 
nal, pp.33, 31). 


A  Petition  of  David  Eansford  of  Usbridge  setting  forth.  That 
above  56  years  ago  he  served  as  a  Grenadier  and  was  at  the  taking 
of  Port  Eoyal,  where  he  suffered  many  and  great  hardships.  That 
some  time  after  a  Proclamation  was  issued  allowing  each  Soldier  in 
that  expedition  500  Acres  of  Land ;  but  that  the  Petitioner  living 
in  Connecticut  never  obtained  said  Land  And  praying  relief. 

[Read  and] 

Eesolvd  that  there  he  allowd  &  paid  out  of  the  Province  Treasury 
the  Sum  of  Six  pounds  to  the  Petitioner  in  full  Consideration  of  the 
Services  mentiond  in  his  petition.      [Passed  June  17. 


CHAPTEE    47. 

RESOLVE     CONFIRMING     THE    VOTES    OF    PROPRIETORS    MEETING    OF 
PEARSONTOWN. 


Legislative  A  PETITION  of  Enoch  Freeman  and  Stephen  Longfellow  a  Com- 

councii^  mittee  of  the  Proprietors  of  Pearsontown    Setting  forth    That  Ben- 

xxvii.,  357.  jamin  Titcomb  of  Falmouth  was  chosen  Clerk  of  the  Propriety  19'" 

Si"pt/65"5s  March  1765  and  thro'  inadvertency  did  not  take  the  Clerks  Oath 


[LsT  Sess.]     Province  Laws  (liesolves,  etc.).  — 1768.  355 

till  11"'  August  17G7  during  which  time  sundry  meetings  were  held 
and  matters  transacted  which  were  by  him  recorded,  and  which  they 
doubt  not  was  done  faithfully.  And  praying  in  order  to  prevent  any 
disadvantage  from  such  neglect  aforesaid,  the  said  Records  may  be 
established  upon  the  Clerks  making  Oath  thereto. 

[Read  and] 

Resolved  That  the  prayer  thereof  be  granted,  and  that  the  said 
Clerk  be  allowed  to  make  Oath  before  a  Justice  of  the  peace  at  the 
next  Proprietors  meeting  of  Pearsontown  that  the  Votes  by  him 
entered  in  said  Book  of  Records  are  faithfully  and  truly  made :  and 
thereupon  the  said  Votes  shall  be  held  as  firm,  valid  and  effectual 
to  all  intents  and  purposes  as  if  the  said  Clerk  had  been  Sworn 
before  his  entry  thereof.      \^Passed  June  17. 


CHAPTER    48. 

RESOLVE   IMPOWERING   SARAH    FULLER,  ADM'',  TO   SELL   REAL    ESTATE 
AND    MAKING   PROVISION   IN    REGARD   TO   THE   PROCEEDS. 


Benj''  Fuller  late  of  Dedham  deceased  Intestate  Setting  forth    That  council, 
the  said  deceaseds  Personal  Estate  being  found  insufficient  to  pay  "''^ ''''•'  ^''''" — 
his  just  debts,  she  obtained  leave  of  the  Superior  Court  to  sell  part  ^a'll'pp!^?^. 
of  his  Real  Estate  to  the  amount  of  Thirty  pounds;  since  which  it  ProWnce' 
appears  that  the  debts  amount  really  to  Forty  five  pounds.   That  cbap.io.'' 
relying  on  said  Order  of  Court  she  sold  ten  and  three  quarters  Acres 
and  24  Rods  of  Lands  which  could  not  be  divided ;  the  amount  of 
which  sale  was  £52.6.4.  And  praying  that  the  said  Sale  may  be  con- 
firmed and  she  may  be  impowered  to  give  a  good  and  sufficient  deed 
of  the  Laud  aforesaid. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted ;  and  that  the 
Sale  of  the  Land  therein  mentioned  be,  and  hereby  is  confirmed  and 
the  Petitioner  impowered  in  her  said  capacity  to  make  and  execute 
a  good  and  sufficient  deed  or  deeds  in  law  to  the  purchaser  or  pur- 
chasers of  the  said  Lands  first  giving  caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Suffolk  that  the  proceeds  of  said  Sale  (over 
and  above  what  shall  be  necessary  to  pay  the  just  debts  due  from 
said  Estate  as  mentioned  in  s"*  Petition  and  the  further  chai-ges  of 
the  Sale)  be  immediately  put  to  interest,  that  it  may  be  applied 
for  the  benefit  of  the  Heirs  when  they  shall  come  of  age.  [Passed 
June  18. 


CHAPTER    49. 

RESOLVE  ALLOWING   £10  TO   HENRY   YOUNG  BROWN. 

Resolved  That  the  Sum  of  Ten  pounds  be  allowed  and  paid  out  Legislative 
of  the  Province  Treasury  to  Henry  Young  Brown  to  enable  him  to  couneif,  ° 
defend  himself  against  the  Action  brought  against  him  by  the  Pro-  xxvii.,  3so. 
prietors  of  the  Town  of  Conway  in  the  Province  of  New  Hampshire  ^ai^^f/^" m,, 
for  the  recovery  of  Lands  granted  by  this  Province  to  the  said  Henry ;  ee. '  Ante, 
he  the  said  Henry  to  be  accountable  to  this  Court  for  the  same  Money.  ''■ ""'  ^**''' ''®' 
[Passed  June  20. 


356  Province  Laws  {Resolves,  etc.).  — 1768.     [Chaps.  50,  51.] 


CHAPTER    50. 

RESOLVE    CONFIRMING    AN    EQUIVALENT    TOWNSHIP    TO  JA^  WARREN, 
ESQ»,   AND   OTHERS. 


Kecordsofthe       Resolved  That  the  within  Plan  of  a  Township  of  the  contents  of 
Council,  seven  miles  square  granted  to  James  Warren  Esq'  and  Others  Agents 

— ^^ — - — '■ for  the  Projn-ietors  of  a  Township  called  Sylvester  Canada  formerly 

piansi'Mis.,  granted  to  Cap'  Joseph  Sylvester  and  Company;  which  Township 
Jouroai  ^pTl  ^y  ^'^®  ^^^^  running  the  Line  between  this  Province  and  the  Prov- 
64.  Ante,  '  ince  of  New  Hampshire  fell  within  the  bounds  of  the  Government 
p.  .9,  c  ap.34.  q£  Xew  Hampshire,  to  them  and  their  legal  Representatives  and 
Assigns,  and  by  them  laid  out  on  the  West  side  of  Androscoggin 
River,  boiinded  as  follows  viz'  begining  at  a  place  in  Androscoggin 
River  called  crooked  Repels  six  Miles  (as  the  River  runs)  above 
Androscoggin  great  Falls,  which  is  the  Easterly  corner  of  Bakers 
Town  so  called,  from  thence  running  North  60  degrees  West  in 
the  Northeasterly  Line  of  said  Bakers  Town  five  Miles  and  a  half 
to  the  Northerly  corner  thereof:  then  running  North  36  degrees 
east  by  Province  Land  ten  Miles  and  180  Rods  to  a  Stake  with 
Stones  about  it,  then  running  by  Province  Land  South  60  degrees 
East  three  Miles  and  250  Rods  to  a  heap  of  Stones  by  said  River, 
thence  running  Southerly  by  said  River  to  the  bounds  first  men- 
tioned, be  accepted  and  hereby  is  confirmed  to  the  said  Petitioner 
and  tlie  legal  Representatives  of  the  said  Joseph  Sylvester  and  Com- 
pany their  Heirs  and  Assigns  forever,  they  complying  with  the  fol- 
lowing conditions  viz'  the  Grantees  within  six  years  settle  thirty 
Families  in  said  Town,  build  a  House  fit  for  public  Worship  and 
settle  a  learned  Protestant  Minister,  and  lay  out  one  sixty  fourth 
part  of  said  Town  for  the  use  of  the  first  settled  MiTiister  &  one 
sixty  fourth  part  for  the  Ministry  and  one  sixty  fourth  part  for  a 
Grammar  School  in  said  Town  and  one  sixty  fourth  part  for  the 
use  of  Harvard  College  in  Cambridge.  Provided  the  same  doth  not 
exceed  the  quantity  of  seven  Miles  square  (exclusive  of  three  thou- 
sand and  two  hundred  Acres  allowance  for  Ponds  therein  contained) 
nor  interfere  with  any  former  Grant. 

Consented  to  by  the  Governor  wpow  Condition  that  there  shall  be 
eighty  one  Families  according  to  the  engagement  herewith  written. 
The  Engagement  is  as  follows  — 

I  do  in  behalf  of  the  Proprietors  of  this  Township  engage  that 
there  shall  be  eighty  one  settlers,  being  the  proportion  of  Settlers 
agreable  to  the  size  of  this  Township. 

Signed        James  Warren. 
[Passed  June  20. 


CHAPTER    51. 

ORDER  DIRECTING   SAMUEL    GERRISH,  AND    OTHERS,  TO    PRESENT    A 
NEW   PLAN   OF   THE   LAND   GRANTED   THEM. 

Legislative  WHEREAS  it  appears  that  there  is  a  mistake  in  the  Plan  of  a  Grant 

councif,"     ^  of  a  Township  to  Samuel  Gerrish  Esq'  and  Others  called  Bakers- 
xxYii.,361.        town,  which  Plan  has  been  confirmed  by  this  Court. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  357 

Ordered  That  the  Petitioners  for  said  Grant  exhibit  to  this  Court  j^^Tpp'^eres. 
a  new  Plan  of  said  Grant  that  the  said  mistake  may  be  rectified.  Ante.^'.m, 
[Passed  June  21.  ATupm,  chap. 


CHAPTER    52, 


RESOLVE   IMPOWERING  DAN'-  WEBSTER,  ADM",  TO  SELL  REAL   ESTATE 
AND   MAKING   PROVISION   IN    REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Daniel  Webster  of  Sheffield  Admin''  of  the  Estate  Legislative 
of  William  Roberts  late  of  Egremont  dec''  Setting  forth     That  the  ^^Xcu"  °^ "'° 
deceaseds  Estate  is  insolvent.  And  jiraying  that  he  may  be  author-  xwii.,  365. 
ized  &  impowered  to  make  sale  of  the  Real  Estate  of  the  said  de-  House  Jour._ 
ceased  toward  the  payment  of  his  debts.  prov^m-i"''''' 

[Read  and]  chaTw ''  ^^''' 

Jiesoh'ed  That  the  prayer  of  this  Petition  be  so  far  granted  that 
the  Petitioner  be  and  hereby  is  impowered  in  his  said  capacity  to 
make  Sale  of  all  tlie  Real  Estate  of  tlie  said  deceased,  saving  to  the 
late  Widow  of  said  dec**  her  Right  of  Dower,  and  to  make  and  exe- 
cute in  law  a  good  deed  or  deeds  to  the  j^urchaser  or  purchasers,  he 
observing  the  Rules  given  in  Law  to  Exec'*  &  Admin''  for  the  Sale 
of  Real  Estates  and  giving  caution  to  the  Judge  of  Probate  for  the 
County  of  Berkshire  that  the  proceeds  of  said  Sale  may  be  applied 
to  the  purposes  as  mentioned  in  this  Petition.      [Passed  June  21. 


CHAPTER    53. 

RESOLVE  IMPOWERING  RALPH  EARL  AND  MARTHA  WARD,  EXECUTORS, 
WITH   HEZEKIAH    WARD   TO   SELL   REAL   ESTATE. 

A  Petition  of  Ralph  Earl,  and  Hezekiah  Ward  and  Martha  his  Legislative 
Wife  as  the  said  Ralph  &  Martha  are  Exec"  of  the  last  Will  and  counc'if, "* "'" 
Testament  of  David  Earl  late  of  Liecester  in  the  County  of  Worces-  xxvii.,  366. 
ter  deceased     setting  forth     That  the  Testator  by  his  last  AVill  im-  House  Jour- 
powered  his  Executors  to  sell  the  whole  of  his  Real  Estate  if  necessary,  eel'eT.'''  pr'ov- 
but  did  not  impowerthem  to  execute  deeds  of  conveyance:  and  as  it  'i"™ '^a^^Q*'' 
is  necessary  to  sell  of  the  Real  Estate  to  the  amount  of  £135  to  pay 
debts  and  Legacies,  Praying  that  they  may  be  impowered  to  make 
sale  of  so  mucli  of  said  Real  Estate  as  will  be  sufficient  for  that  pur- 
pose, and  to  execute  deeds  of  the  same  accordingly. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioners  be  and  hereby  are  impowered  to  sell  so  much  of  the  Real 
Estate  of  the  deceased  where  it  can  be  best  spared  as  shall  amount 
to  the  Sum  of  One  hundred  and  thirty  five '  pounds,  and  to  make 
and  execute  a  good  deed  or  deeds  of  the  same  in  Law  to  the  pur- 
chaser or  purchasers,  observing  the  rules  given  in  Law  to  Exec'* 
and  Admin"  in  the  Sale  of  Real  Estate  and  giving  caution  to  the 
Judge  of  Probate  for  the  County  of  Worcester  that  the  proceeds  of 
said  Sale  may  be  applied  to  the  purposes  withinmentioned.  [Passed 
June  21. 

'  The  House  Journal,  p.  66,  reads,  £130. 


358 


Province  Laws  {Resolves,  etc.).  — 1768.     [Chaps.  54,  5.').] 


CHAPTBE    54 


RESOLVE  IMPOWERING   THE   JUSTICES   OF  THE    INFERIOR    COURT    FOR 
ESSEX   TO    RECEIVE   AWARD   OF   REFEREES. 


Legislative 
Becorde  of  the 
Council, 
xXTii.,  368. 

LeglBlatlve 
Records  of  the 
Council, 
xxvli.,  226. 
House  Jour- 
nal, p.  71. 


A  Petitiox  of  Eichard  Kimball  and  Thomas  Poor  of  Andover  Set- 
ting forth  That  they  brought  an  Action  against  Joshua  Follansbe  of 
Salisbury  to  the  Inferior  Court  held  at  Newburyport  in  1764  at  which 
time  the  said  Parties  entered  into  a  Eule  of  Court  whereby  they 
referred  the  said  Action  and  all  demands  to  the  determination  of 
three  Gentlemen,  who,  after  a  fair  liearing  returned  their  Award 
into  Court  in  Sep'  1765  which  was  by  the  Court  recommitted  to 
them  wlio  again  heard  the  Parties,  and  as  the  Petitioners  are  in- 
formed drew  up  and  signed  their  Award,  but  before  the  same  was 
delivered  into  Court  the  said  Joshua  died.  And  praying  that  tlie 
Court  from  which  the  Eule  issued  may  be  impowered  to  receive  the 
said  Award,  the  death  of  tlie  said  Joshua  notwithstanding. 

[Eead  and] 

Resolved  That  the  prayer  of  the  Petition  be  granted :  and  that  the 
Justices  of  the  Inferior  Court  of  Common  pleas  next  to  be  holden 
at  Salem  within  and  for  the  County  of  Essex  be  and  hereby  are  im- 
powered to  receive  and  accejit  the  Award  of  the  Eeferrees  mentioned 
in  said  Petition;  which  Award  when  accejited  by  said  Court  shall  be 
binding  on  all  Parties  concerned  to  all  intents  and  purposes  what- 
soever, and  said  Court  is  alike  impowered  to  issue  Process  against 
the  Administrator  of  the  said  Joshua  Follansbe  for  the  recovery  of 
the  debt  &  Costs  in  the  same  manner  as  if  Process  had  originally 
issued  against  him  in  his  said  capacity.      \^Passed  June  22. 


CHAPTEK    55. 


RESOLVE   IMPOWERING  JESSE   LUCE,  AD>P,  TO   SELL   REAL  ESTATE. 


Legislative 
Records  of  the 
Council, 
xxvli.,  371. 

House  Jour. 
nal,  lip.  34,  72. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Jesse  Luce  of  Tisbury  in  Dukes  County  Admin' 
of  the  Estate  of  his  Father  Eoland  Luce  late  of  said  Tisbury  de- 
ceased Setting  forth  That  the  dec'''  debts  amount  to  £44.13.10 
more  than  his  Personal  Estate.  And  Praying  that  he  may  be  im- 
powered to  make  sale  of  so  much  of  the  deceased's  Eeal  Estate  as 
to  enable  him  to  discharge  the  said  debts  and  the  Charge  of  Admin- 
istration. 

[Eead  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
petitioner  be  and  hereby  is  impowered  in  his  said  capacity  to  make 
sale  of  so  much  of  the  Eeal  Estate  of  the  within  named  Eoland  de- 
ceased as  shall  be  sufficient  for  the  purposes  within  mentioned,  and 
to  make  a  good  deed  or  deeds  for  the  conveying  the  same,  he  observ- 
ing the  Eules  of  the  Law  relating  to  the  Sale  of  Eeal  Estate  by  Ex- 
ecutors and  Admin"  and  giving  caution  to  the  Judge  of  Probate  for 
the  County  of  Dukes  County,  that  the  money  arising  by  said  Sale 
be  applied  for  the  purposes  aforesaid.      \^Passed  June  23. 


[1st  Sess.]     Province  Laws  (liesolves,  etc.).  — 1768.  359 


CHAPTEK    56. 

RESOLVE   IMPOWERING   W"   FALLASS   AND    DORCAS    HARRIS,  ADM''^  TO 
SELL   REAL   ESTATE. 

A  Petition  of  William  Fallass  of  Boston  aud  of  Dorcas  Harris  Legislative 
Admin"  of  the  Estate  of  Samuel  Harris  late  of  said  Boston  deceased  couHdf  "*""' 
Intestate     Setting  forth     That  the  said  deceaseds  Estate  is  Insol-  xxvii.,  -m. 
vent.  And  inasmuch  as  the  Superior  Court  will  not  sit  in  the  County  Mass. 
of  Suffolk  until  August  Praying  that  this  Court  would  impower  them  ^cu"yi|e. 
to  make  Sale  of  the  deceaseds  Real  Estate  consisting  of  a  House  ^"/'^"^  ^o!"'^,, 
and  Land  on  Fort  Hill,  the  produce  thereof  to  be  applied  towards  lo. '  Province' 
payment  of  the  dec"'  debts.  dKU^'io.'^"^' 

Whereas  it  appears  that  the  prayer  of  this  Petition  is  reasonable 
and  that  the  granting  thereof  may  be  of  great  advantage  to  the 
Creditors  and  all  others  concerned  in  the  within-mentioned  Estate. 
Therefore 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioners  be  and  hereby  are  impowered  in  their  said  Capacity  to 
make  sale  of  all  the  Real  Estate  of  the  said  deceased,  observing  the 
rules  and  directions  given  in  Law  to  Exec"  and  Admin"  respecting 
the  sale  of  Real  Estates,  and  to  make  and  execute  a  good  and  legal 
deed  or  deeds  to  the  purchaser  or  purchasers ;  they  first  giving  cau- 
tion to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  the 
proceeds  of  said  Sale  shall  be  applied  to  the  purposes  herein  men- 
tioned.    [Passed  June  24. ' 


CHAPTEE    57. 

ORDER  ALLOWING   £33  TO   REV°  ELI  FORBES. 

A  Petition  of  Eli  Forbes  of  Brookfield  Clerk  Praying  for  pay-  Legislative 


ment  of  the  Sum  stipulated  by  the  Court  IS""  June  last  for  board-  ^^^1? ""''* 
ing,  Cloathing  and  instructing  of  three  Indian  Children  from  the  xxvu.,  371. 
15"  January  last  to  the  17*^  Instant  making  22  Weeks  at  10/  Archives, 

Read  and  xxxiii.,  4k. 

Ordered  that  the  Petitioner  be  paid  out  of  S''  Peter  Warren's  Dona-  Mass. 
tion  the  Sum  of  thirty  three  pounds  in  full  of  His  ace"  to  the  17"^  xxxiii.,  4S3. 
Day  of  June  Instant  for  his  hording,  Cloathing,  and  Instructing  ^ail'pp^'Ts"^ 
the   three  Indian   Children  mentioned   in   his   Petition.      Fi'asserf ''*■'-■*"'«• ' 

June  24.  p.  273,  Chap.  90. 


CHAPTEK    58. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  ON  GENERAL  ACCOUNT  OF 
THE  PROVINCE  TREASURER  FROM  MAY  27,  1767,  TO  MAY  25,  1768,  AND 
DISCHARGING   HIM   OF   £228,984.  4.  6. 

The  Committee  to  whom  was  referred  the  Examination  of  the  Legislative 
Accounts  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  General  of  coSScu^ "' '''*' 
his  Majesty's  Revenue  within  the  Province  of  the  Massachusetts  xxvii.,  373. 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  22. 


360 


Province  Laws  {Resolves,  etc.).  — 1768.     [Chap.  58.] 


Legislative 
Records  of  the 
Council, 
xxvii.,  324. 
House  Jour- 
nal, pp.  30, 73. 


Bay  in  Xew  England  begining  the  ST'''  May  1767  ending  25  May 
17IJ8  having  attended  that  Service,  upon  examining  the  same  find 
them  right  cast  and  well  vouched,  by  which  it  appears  that  the  s* 
Accom23tant  charges  himself  with  the  Sum  of  Eighty  two  thousand 
five  hundred  and  forty  two  pounds,  eleven  shillings  and  nine  pence 
being  so  much  due  for  Taxes  as  represented  by  his  last  Accompts. 
Also  with  the  Sum  of  Seventy  seven  tliousand,  one  hundred  and 
ninety  six  jiouuds,  fourteen  sliilliugs  &  one  penny  being  the  balance 
due  by  his  last  Accomijts.  Also  with  the  Sum  of  Forty  tliree  thou- 
sand, five  hundred  &  eighty  five  pounds  and  four  pence  a  Tax  laid 
on  Polls  and  Estates  by  virtue  of  an  Act  of  the  General  Court  passed 
in  May  1767.  Also  with  the  Sum  of  One  hundred  &  fifty  seven  thou- 
sand pounds  borrowed  of  sundry  persons  by  virtue  of  an  Act  passed 
in  May  last.  Also  with  the  Sum  of  Five  thousand  six  hundred  &  fifty 
pounds  one  shilling  and  eleven  pence  received  of  the  Collectors  of 
Excise  on  Spirituous  Liquors.  Also  witli  the  Sum  of  Seven  hundred 
and  seventy  two  pounds  fourteen  shillings  received  for  Excise  on 
Tea  Coffee  &c  also  with  the  Sum  of  Nine  hundred  fifty  seven  pounds 
sixteen  shillings  and  eight  pence  Monies  received  for  Lands  sold, 
also  with  the  Sum  of  five  hundred  &  ten  pounds,  nineteen  shillings 
and  six  pence  received  of  Andrew  Hall  being  the  balance  due  from 
him  for  the  Province  Ship.  Also  with  the  Sum  of  One  pound  eleven 
shillings  received  of  Justice  Kand  for  Fines.  Also  with  the  Sum  of 
Twenty  four  pounds  received  of  Josiah  Dwight  Esq''  being  the  prod- 
uce of  some  Stores  belonging  to  the  Province  left  in  his  hands.  Also 
with  the  Sum  of  Six  pounds  four  shillings  &  four  pence  received 
of  Eoland  Cotton  Esq''  for  monies  he  received  out  of  the  Treasury 
for  Deborah  Bristow  which  he  did  not  pay  to  her.  Also  with  the 
Sum  of  Two  hundred  forty  pounds  received  of  the  hon'^'*  Thomas 
Hubbard  Esq'  being  the  Profits  arising  by  the  Indian  Trade.  Also 
with  the  Sum  of  Ten  hundred  seventy  one  pounds,  sixteen  shillings 
and  seven  pence  received  of  the  hon*"'*  James  Eussell  Esq'  Commis- 
sioner of  Impost  Duties.  All  which  Sums  amount  to  Three  hundred, 
sixty  nine  thousand,  five  hundred  fifty  nine  pounds,  ten  shillings 
and  two  pence. 

The  Committee  further  find  that  the  said  Accomptant  discharges 
himself  by  sundry  payments  and  disbursements  by  order  of  the  Gov- 
ernor and  Council  amounting  to  Fifteen  thousand.  One  hundred 
forty  three  pounds,  seventeen  shillings  and  eight  pence.  Also  by 
Government  Securities  burnt  by  a  Committee  of  both  Houses  amount- 
ing to  two  hundred,  thirteen  thousand  and  fifty  five  pounds,  eigh- 
teen shillings  and  five  pence.  Also  by  Arrearages  due  from  Moses 
Smith  a  defective  Constable  of  Newbury  for  1761,  One  hundred 
thirty  two  pounds  six  shillings  and  eight  pence,  which  Sum  is  added 
to  Newbury  &  Newbury  Port  Tax  last  year.  Also  by  Arrearages  due 
from  a  defective  Constable  of  Chelsea  for  the  year  1749  Seventy  one 
pounds  nineteen  shillings  and  one  penny  which  is  added  to  Chelsea 
Tax  last  year.  Also  by  remittance  of  Taxes  due  from  the  Town  of 
Winchendon  by  order  of  the  General  Court  One  hundred  and  Sixty 
seven  pounds,  three  shillings  &  four  pence.  Also  by  remittance  of 
old  Arrearages  due  from  the  Town  of  Palmer  by  order  of  the  Gen- 
eral Court  One  hundred  seventy  four  pounds,  sixteen  shillings.  Also 
by  a  remittance  of  the  Tax  laid  upon  Dorchester  Canada  Two  hun- 
dred twenty  four  pounds,  sixteen  shillings  &  eight  pence,  which  Sum 
is  to  be  laid  on  several  Towns  in  the  County  of  Worcester.  Also  by 
a  remittance  of  a  Tax  due  from  Concord  by  order  of  Court  Thirteen 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1768.  361 

pounds,  six  shillings  and  eight  pence.  Also  by  Taxes  still  outstand- 
ing amounting  to  Eighty  seven  thousand  three  hundred  and  four 
poiTnds,  seven  shillings  and  six  pence.  And  by  balance  in  hand 
further  to  account  for  Fifty  three  thousand  two  hundred  and  sev- 
enty pounds,  eighteen  shillings  and  two  pence.  All  which  Sums 
amount  to  Three  hundred  sixty  nine  thousand  five  hundred  fifty 
nine  pounds,  ten  shillings  &  two  pence. 

[Read  and] 

Ordered  That  the  Treasurer  and  Eeceiver  General  be  and  hereby 
is  discharged  of  the  several  Sums  mentioned  in  his  Account  amount- 
ing to  two  hundred  twenty  eight  tiiousand  nine  hundred  and  eighty 
four  pounds,  four  shillings  and  six  pence.  And  that  he  be  further 
accountable  for  the  Sum  of  Eighty  seven  thousand  three  hundred 
&  four  pounds,  seven  shillings  and  six  pence  represented  as  out- 
standing Taxes,  when  received  into  the  Treasury:  And  the  Sum  of 
Fifty  three  thousand  two  hundred  &  seventy  pounds  eighteen  shil- 
lings and  two  pence  being  the  balance  of  account  remaining  in  his 
hands.     \^Passed  June  24. 


CHAPTER    59. 

ORDER  DIRECTING  THE  TRUSTEES  TO  PAY   £15  TO   SAM"-  OMPANY  AND 
WIFE,  INDIANS. 

A  Petition  of  Samuel  Ompany  and  Zerviah  his  Wife  both  of  Tis-  Legislative 
bury  in  Dukes  County     Setting  forth  That  some  time  since  this  councif  "*  "'*' 
Court  impowered  them  to  make  sale  of  sundry  Tracts  of  Land  in  xxvii.,  376. 
Natick  and  to  employ  ten  pounds  part  of  the  money  it  should  pro-  Archives, 
duce  in  building  them  a  House;  the  remainder  to  be  put  out  to  xxxm., 473. 
interest  for  their  benefit.  That  they  have  employed  the  Ten  pounds  ^rp^ives 
beforementioned  in  manner  as  afores*  but  that  it  is  very  insufficient  xxxiii.,472. 
for  the  purpose.  And  praying  that  they  may  be  imj^owered  to  draw  nai"p!  s"""^ 
out  a  further  Sum  to  enable  them  to  finish  and  compleat  the  said  f^lf^'\^^^' 
House. 

[Read  and] 

Ordered  that  the  Trustees  mentiond  in  this  Petition  be  &  hereby 
are  directed  to  pay  to  the  Petitioners  the  Sum  of  fifteen  pounds  for 
the  purpose  mentiond  &  to  take  Care  that  it  be  applyd  for  that 
Use  &  no  other.'     ^Passed  June  25. 


CHAPTER    60. 

RESOLVE   CONFIRMING  ALL  MEETINGS  OF  THE   INHABITANTS    OF    ANY 
TOWN,  DISTRICT,  OR  PRECINCT   IN  THIS  PROVINCE. 

Whereas  the  Selectmen,  Committees  and  other  officers  in  divers  Legislative 
Towns,  Districts  and  Precincts  within  this  Province  heretofore  ap-  councif  °*"'* 
pointed  to  manage  the  prudential  afEairs  and  to  call  their  Meetings  xxvu.,  376. 
have  acted  in  their  respective  offices  for  those  purposes,  not  having  House  Jour, 
previously  taken  the  Oath  relative  to  the  Bills  of  Credit  on  the  """"P-™- 
neighbouring  Governments,  whereby  doubts  may  possibly  arise  touch- 
ing the  legality  of  the  proceedings  had  in  consequence  of  such  their 

*  Final  action  not  found  in  tiie  House  Journal. 


362 


Province  Laws  {Resolves,  etc.).  — 1768.     [Chaps.  (31,  (32.] 


acts,  and  the  legality  of  the  Town,  District  &  Precinct  Meetings  by 
them  called.  Therefore  to  the  end  that  all  such  doubts  may  be  removed. 
Resolved  That  all  Meetings  of  the  Inhabitants  of  any  Town,  Dis- 
trict and  Precinct  within  this  Province  heretofore  called  and  held 
by  any  such  Selectmen  or  Committees,  and  all  matters  transacted 
in  any  such  Meetings  shall,  if  otherwise  legal,  be  and  hereby  are 
ratified  and  confirmed,  any  omission  of  taking  the  Oath  aforesaid 
notwithstanding.     \^Passed  June  25. 


CHAPTEK    61 


RESOLVE  GRANTING  FURTHER  TIME  FOR  CONFIRMATION   OF  A  GRANT 
BY  HIS  MAJESTY. 


Legislative 
Records  of  the 
Council, 
xxvii.,  37S. 

House  Jour- 
nal, pp.74, 77. 
Province 
L,nws,  xvii., 
171,  chap.  401. 
Ante,  p.  1»9, 
chap.  1S5. 


A  Petition  of  Enoch  Bartlet  and  Samuel  Downe  Agents  for  six 
Townships  in  the  Territory  of  Sagadehoc  lately  granted  by  the  Gen- 
eral Court  to  James  Duncan  Praying  that  they  may  be  indulged  with 
a  further  time  for  obtaining  his  Majesty's  allowance  of  said  Grant, 
which  their  Agent  in  England  hath  not  yet  been  able  to  procure. 

[Eead  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted ;  and  that  the 
Grantees  of  the  six  Townsliips  East  of  Penobscot  Eiver  granted  by 
the  General  Court  in  March  1762  to  David  Marsh  and  Others  be 
allowed  the  further  time  of  eighteen  Months  from  August  next  to 
obtain  his  Majesty's  approbation.      \^Passed  June  27. 


CHAPTEE    62, 


ORDER  ALLOWING   £8.  18   TO   SELAH    WRIGHT. 


Legislative 
Records  of  the 
Council, 
xxvii.,  379. 

House  Jour, 
nal,  pp.  45, 49, 
79,  80. 


A  Petition  of  Selah  Wright  a  Deputy  Sheriff  for  the  County  of 
Hampshire  Setting  forth  That  he  was  at  great  pains  and  expence 
in  Searching  after  &  apprehending  one  Nathan  Bigelow  charged 
with  uttering  counterfeit  Money,  and  that  having  apjjrehended  the 
said  Nathan,  he  committed  him  to  his  Majesty's  Goal  in  Springfield, 
but  before  the  sitting  of  the  Sujierior  Court  he  made  his  escajje,  and 
thereupon  the  Court  of  Sessions  aj^prehend  they  are  not  by  Law  im- 
powered  to  order  payment  of  the  cliarge  he  has  been  at  on  this  occa- 
sion. And  Praying  Relief. 

Read  and 

Ordered  That  the  Sum  of  Eight  pounds,  eighteen  shillings  be 
allowed  and  paid  out  of  the  Province  Treasury  to  the  Petitioner  in 
full  discharge  of  his  Account  of  time  and  expence  for  himself  and 
assistance  in  apprehending  and  committing  the  said  Nathan  Bige- 
low.    \^Passed  June  27. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768. 


363 


CHAPTEE    63 


RESOLVE    ALLOWING    DAV   BEAN    AND    OTHERS    FURTHER    TIME    FOR 
CONFIRMATION   OF   A   GRANT   OF   LAND   BY   HIS   MAJESTY. 

A  Petition  of  David  Bean  and  Others  Grantees  of  a  certain 
Township  lying  in  the  Territory  of  Sagadahoc  granted  by  the  Gen- 
eral Court  in  the  year  1762.  Praying  that  they  may  be  indulged  with 
a  further  time  for  obtaining  his  Majesty's  Allowance  of  said  Grant, 
without  which  they  are  in  danger  of  losing  the  benefit  of  the  same. 

[Read  and] 

Resolved,  That  the  Prayer  of  this  Petition  be  granted  and  that 
the  Grantees  of  the  Township  lying  in  the  Territory  of  Sagadahock 
granted  by  the  general  Court  in  March  1762  to  David  Bean  &  others 
be  allowed  the  further  Time  of  Eighteen  months  from  this  Day  to 
obtain  his  Majesties  Approbation.     [Passed  June  28. 


Legislative 
Records  of  the 
Couucil, 
xxvii.,  380. 
Mass. 
Archives, 
cxviii.,  342. 

Mass, 
Archives, 
cxviii.,  34L 
Legislative 
Records  of  the 
Council,  xxvi., 
240.    House 
Journal,  p.  61 
(June,  1766) ; 
p.  82.    Prov- 
ince Laws, 
xvii.,  I6y,  chap. 
39a. 


CHAPTEK    64. 


RESOLVES    ESTABLISHING  THE   GARRISONS  AT   CASTLE    WILL^'    &    FORT 
POWNALL. 


Resolved^  That  there  be  au  Establishment  for  fifty  Men  Officers  Legislative 
included,  for  the  Defence  of  Castle  William,  and  that  their  AVages,  g^Sncu"  "* ^^"^ 
be  fixed  at  the  following  Rates  to  continue  for  one  Year  from  the  xxvii.,  38i. 
twentieth  Day  of  June  current,  Viz*  Archives, 


For  one  Captain, 
One  Lieutenant 
One  Chaplain 
One  Gunner 
One  second  Gunner 
One  Armourer 
Two  Serjeants 
Six  Quarter  Gunners, 
Four  Corporals 
One  Drummer 
Thirty  one  Privates 


per  Annum  . 
per    Ditto    . 
per     D" 
per     Ditto    . 
per     Ditto    . 
per  Month    . 
per  Ditto,  each 
per  Ditto,  each 
per  Ditto,  each 
per  Ditto 
per  Ditto,  each 


£!ifi 

3 

28 

11 

33 

,« 

45 

H 

;<3 

fi 

2 

4 
12 
12 
9 
9 
4 

House  .Jour, 
nal,  pp.  77,80, 
81,  82. 


Also,  Resolved,  That  the  Establishment  for  Fort  Pownall  at  Penob- 
scot for  one  year  from  the  twentieth  of  June  Current,  be  as  follows, 
Viz' 

For  one  Lieutenant   per  Month £3.     0.  0 

One  Interpreter  per  Ditto 3.     0.  0 

One  Gunner         per  Ditto 2.     5,  0 

An  Armourer      per  Ditto  .         .         .         .         .         .         .  1.  10.  0 

One  Serjeant       per  Ditto 1.  10.  0 

Twenty  Privates,  per  Ditto,  each 1.     4.  0 

One  Chaplain      per  Ditto 4. 


[Passed  June  28. 


364 


Province  LiAws  {Resolves,  etc.) .  — 1768.     [Chaps.  65-67.] 


CHAPTEE    65 


Legislative 

Records  of  the 

Council, 

xxvil.,  383. 

Mass. 

ArcMve8,civ., 

651. 

House  Jour- 
nal, J).  ST. 
Province 
Laws,  iv.,  8S0, 
chap.  3. 


RESOLVE     DIRECTING    THE     PROVINCE     TREASURER    TO     NOTIFY    POS- 
SESSORS  OF   GOVERNMENT   SECURITIES   OF   THEIR   REDEMPTION. 

Resolv\l  that  the  Treasurer  give  Notice  to  the  possessors  of  the 
Governm'  Securities  payable  the  20""  of  this  Month,  that  they  bring 
them  in  to  be  redeem'd  on  or  before  the  20""  Day  of  July  next,  as 
no  Interest  will  be  allow'd  on  them  afterwards.  And  that  the  Treas- 
urer be  Directed  to  pay  no  Interest  on  any  such  Notes  beyond  that 
Day,  Money  being  now  Ready  in  the  Treasury  to  Discharge  the 
Notes  that  have  become  due.     [Passed  June  29. 


CHAPTEE    66, 


RESOLVE   DEDUCTING   £12.  13.  o\  FROM   THE    PROVINCE    TAX    OF    DEER- 
FIELD   AND   ADDING  SAME   TO   DISTRICT   OF   CONWAY. 


Legislative 
Records  of  the 
Council, 
xxvii.,  384. 

House  Jour- 
nal, pp.  54, 58, 
81,  S4.  Prov- 
ince Laws,  iv., 
955,  chap.  4 ; 
v.,  5,  chap.  1. 
ArUe,  p.  350, 
chap.  38. 


Whereas  the  District  of  Conway  in  the  County  of  Hampshire 
was  incorporated  after  the  Province  Tax  for  the  last  year  was 
granted,  in  which  incorporating  Act,  it  was  enacted  That  the  said 
District  of  Conway  should  pay  their  proportion  of  all  Town,  County 
and  Province  Taxes  already  set  on  or  granted  to  be  raised,  as  if  that 
Act  had  not  been  made,  and  in  all  future  Taxes  should  pay  alike 
proportion  as  they  paid  in  the  Province  and  County  Taxes  on  the 
Town  of  Deerfield  in  the  year  1767  and  that  it  should  be  deducted 
from  Deerfield  Tax.  And  whereas  a  doubt  arose  about  the  assessing 
the  said  Conways  proportion,  it  was  by  the  Assessors  of  Deerfield 
and  the  Assessors  of  Conway  for  the  said  year  1767  agreed  that  the 
said  Conways  proportion  of  the  Province  Tax  for  the  said  year  1767 
was  twelve  pounds  13/5%,  and  that  it  was  by  the  said  Assessors 
agreed  to  Petition  the  General  Court  at  their  last  Session  that  the 
said  Sum  might  be  deducted  from  Deerfield  Tax  &  laid  on  the  said 
Conway,  but  by  reason  of  the  Nonattendance  of  the  Representative 
of  the  Town  of  Deerfield  the  same  Petition  was  not  preferred.  And 
whereas  the  said  Sum  is  not  assessed  and  cannot  now  be  assessed 
either  on  the  Inhabitants  of  Deerfield  or  Conway. 

Resolved  That  the  Sum  of  Twelve  pounds,  thirteen  shillings  and 
five  pence  two  farthings  be  taken  from  the  Province  Tax  laid  on 
the  Town  of  Deerfield  for  the  year  1767  and  that  the  s""  Sum  be 
added  to  the  next  Province  Tax  which  may  or  shall  be  laid  on  the 
said  Conway.     {Passed  June  39. 


CHAPTEE    67. 

RESOLVE  ALLOWING  ACCOUNT  OF  THE   COMMISSARY  GENERAL  OF  THE 
INDIAN  TRADE. 


Legislative  The  COMMISSARY  GENERAL  having  presented  his  Accounts  rela- 

c^^eif,°  ^  tive  to  the  Indian  Trade,  and  the  same  liaving  been  previously 
Mai""  ^'  examined  by  the  Committees  of  the  two  Houses  respectively,  the 
Archive8,cx.\.,  following  Order  passed  thereon  viz' 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  365 

Resolved  that  the  foregoing  Account  be  allowed,  and  that  the  Legieiative 
Hon""'"  Thomas  Hubbard  Esq''  Commissary  General  he,  and  hereby  councif, "^  ""* 
is  further  accountable  to  this  Province  for  the  balance  being  Two  xxvil,  324. 

,  1       T    o     TT    1  -         ¥-»  -II'  1  'IT  House  Jour- 

Thousand  four  hundred  &  Eighty  nine  rounds,  fourteen  shillings,  nai,  p.82. 
&  eight  pence.      ^Passed  June  "29. 


CHAPTER    68. 

RESOLVE    ALLOWING    ACCOUNT    OF    THE    COMMISSARY    GENERAL     OF 
PROVISIONS. 

The  Commissary  General  having  laid  before  the  Court  his  Legislative 
Account  of  Provisions  paid  for,  and  of  Provisions  delivered,  and  councsr,  "*  ""^ 
the  same  having  been  previously  examined  by  Committee's  of  the  xxvii.,  385. 
two  Houses  respectively,  the  following  Order  passed  thereon  viz'       House  .Jour. 

Resolved  that  the  foregoing  Account  be  allowed ;  and  that  the  stpra/chap.' 
Commissary  General  be   &   hereby  is  further  accountable  to   the  '''• 
Province  for  thirteen  barrels  Pork  and  seven  &  half  barrels  Peas. 
\^Passed  June  29. 


CHAPTER    69. 

RESOLVE   ALLOWING   ACCOUNT    CURRENT    OF    THE    COMMISSARY    GEN- 
ERAL. 

The  Commissary  General  having  laid  before  the  Court  his  Legislative 
Account  current  with  the   Province,   and   the  same   having  been  counclf  "'""^ 
previously  examined  by  Committee's  of  the  two  Houses  respec-  x.wu.,  386. 
tively,  the  following  Order  passed  thereon.  House  Jour. 

Resolved  That  tlie  foregoing  Account  be  allowed;  the  balance  stpra,^hap. 
thereof  being  Fifteen  pounds,  eleven  shillings  and  one  penny  due  *'*• 
to  the  Accomptant  from  the  Province  be  allowed  him.      [Passed 
June  29. 


CHAPTER    70. 

RESOLVE   IMPOWERING  PETER  GLOVER,  ADM=,  TO   SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Peter  Glover  Admin'  of  the  Estate  of  Benjamin  Legislative 
Glover  late  of  Salem  deceased    Setting  forth  That  the  said  deceaseds  councir  "^^^^ 
debts  amount  to  £29.17.2  more  than  the  Personal  Estate.  That  the  xxvii.,386. 


deceaseds  Real  Estate  consisting  of  one  half  of  an  House  is  of  the  House  Jour 
value  of  One  hundred  pounds.  And  as  the  said  Estate  will  not  ad-  province'*^' 
mit  of  a  Division;  Praying  that  he  maybe  impowered  to  sell  the  Jjf^%o'^®'' 
same;  he  to  be  accountable. 

[Read  and] 

Resolved  That  the  prayer  of  the  within  named  Petitioner  be  granted, 
and  that  the  Petitioner  in  his  said  capacity  be  and  hereby  is  author- 
ized and  impowered  to  make  sale  of  the  one  half  the  House  men- 
tioned in  this  Petition  for  the  most  the  same  will  fetch,  and  to 
execute  a  good  deed  in  the  Law  to  the  purchaser  or  purchasers  for 
the  same,  he  observing  the  directions  of  the  Law  relating  to  the 


366 


Province  Laws  {Resolves,  etc.).  —  1768.     [Chaps.  71-73.] 


Sale  of  Eeal  Estate  by  Executors  and  Admin"  and  giving  sufficient 
caution  to  the  Jiadge  of  Probate  for  the  County  of  Essex  that  the 
proceeds  arising  by  said  Sale  be  applied  to  the  payment  of  the  debt 
due  from  the  Estate  of  the  said  deceased  agreable  to  the  prayer  of 
the  Petitioner  and  the  overplus,  if  any  there  shall  be,  to  be  paid 
to  the  Heirs  or  their  legal  Representatives  according  to  their  sev- 
eral proportions  in  the  Estate  aforesaid.      \^Passed  June  29. 


Legislative 
Records  of  the 
Council, 
xxvii.,  387. 

House  Jour- 
nal, pp.  10, 79, 
84,85. 


CHAPTEK    71. 

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

The  FOLLOWING  Order  passed  on  the  Account  of  James  Russell 
Esq'  Treasurer  of  the  County  of  Middlesex,  which  was  laid  before 
the  Court  for  allowance  viz' 

Resolved  That  the  within  Account,  being  right  cast  and  well 
vouched,  be  allowed,  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  Three  hundred  and  thirteen  pounds,  sixteen  shillings  and 
six  pence  half  penny  which  he  has  paid  by  order  of  the  Court 
of  Sessions,  and  that  there  is  due  from  the  said  Treasurer  to  the 
County  the  Sum  of  Sixty  seven  pounds,  five  shillings  and  ten  pence 
three  farthings  for  which  the  said  Treasurer  is  further  accountable. 
[Passed  June  29. 


CHAPTEK    72, 


VOTE   APPOINTING  A   COMMITTEE   TO  BURN   GOVERNMENT  SECURITIES. 


Legislative 
Records  of  the 
Council, 
xxvii.,  387. 

House  Jour- 
nal, p.  86. 


In  the  House  of  Representatives. 

Voted  That  M'  Speaker,  Cap'  SheafEe  and  M'  Hall  be  a  Committee 
with  such  as  the  hon"'"  Board  shall  Join  to  repair  to  the  Province 
Treasury  in  the  recess  of  the  Court  and  take  an  Account  of  the 
Government  Securities  that  are  or  may  be  redeemed,  and  to  see 
that  they  are  all  consumed  to  Ashes. 

In  Council,  Read  &  Concurred,  and  Royall  Tyler  &  James  Pitts 
Esq"  are  joined.      [Passed  June  29. 


CHAPTER    73. 


RESOLVE   ALLOWING   THE   ACCOUNT  OF  THE   TREASURER   OF    SUFFOLK 
COUNTY. 


Legislative 
Records  of  the 
Council, 
xxvii.,  388. 

House  Jour- 
nal, pp.  10, 79, 


The  FOLLOWING  Order  passed  on  the  Account  of  Joshua  Hen- 
shaw  Esq'  Treasurer  of  the  County  of  Suffolk,  which  was  laid  before 
the  Court  for  allowance  viz' 

Resolved  That  the  within  Account,  being  right  cast  and  well 
vouched  be  allowed,  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  Fourteen  hundred  and  thirty  three  pounds  &  four  pence 
three  farthings  which  he  has  paid  by  order  of  the  Court  of  Sessions, 
and  there  is  due  to  the  said  Treasurer  from  the  County  the  Sum 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1768.  367 

of  Forty  eight  pounds,  sixteen  shillings  and  ten  pence,  and  that 
there  is  outstanding  in  Taxes  yet  unpaid  the  Sum  of  Eighteen  hun- 
dred and  seventy  six  pounds,  three  shillings  and  4''^4  for  which  the 
said  Treasurer  is  further  accountable  when  he  shall  receive  the  same. 
\^Passed  June  30. 


CHAPTEK    74. 

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

The  following  Order  passed  on  the  Account  of  Solomon  Otis  Legislative 
Treasurer  of  the  County  of  Barnstable  which  was  laid  before  the  couucif," 
Court  for  allowance  viz'  xxvii.,  389. 

Resolved  That  the  within  Account  being  right  cast  and   well  ^""pp'w"?'! 

vouched  be  accepted:  and  that  the  Treasurer  be  discharged  of  the  05. 

Sum  of  One  hundred  and  sixty  four  pounds  twelve  shillings  and 
five  pence  half  penny  which  he  has  paid  by  order  of  the  Court  of 
General  Sessions,  and  that  he  be  further  accountable  for  a  balance 
of  One  hundred  and  forty  one  pounds,  ten  shillings  and  nine  pence 
half  penny  still  remaining  due  to  the  County  when  he  shall  receive 
the  same.      \^Passed  June  SO. 


CHAPTEK    75. 

RESOLVE   ALLOWING   THE   ACCOUNT   OF  THE   TREASURER    OF    LINCOLN 
COUNTY. 

The  Account  of  Samuel  Denny  Treasurer  of  the  County  of  Lin-  Legislative 
coin  was  laid  before  the  Court  for  allowance  whereupon  the  follow-  councif," 
ing  Order  passed  the  Court  viz'  xxvn.,  389. 

Resolved  That  the  within  Account  being  right  cast  and  well  na°i"pp''jo"74 
vouched  be  allowed,  and  that  the  Treasurer  be  discharged  of  the  85.' 
Sum  of  Three  hundred  and  six  pounds,  fourteen  shillings  and 
seven  pence  three  farthings  which  he  has  paid  by  order  of  the 
Court  of  Sessions,  and  that  there  is  due  to  said  Treasurer  the  Sum 
of  Fifty  four  pounds,  thirteen  shillings  and  eleven  pence  three  far- 
things, and  that  there  is  outstanding  in  Taxes  yet  unpaid  the  Sum 
of  Nineteen  pounds,  six  shillings  and  two  pence,  for  which  the  said 
Treasurer  is  further  accountable,  when  he  shall  receive  the  same. 
\^Passed  June  SO. 

Note.  —  The  General  Court  for  the  political  year  1768/69  held  no  further  session,  Gov- 
ernor Bernard  by  his  Proclamation,  dated  July  1,  1768,  having  dissolved  it. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed    1769-70. 


[369] 


LEGISLATIVE   LIST^ 

FOR 
1769-70. 


His  Excellency  -FRANCIS   BERNARD, 

Captain-General  and  Governor-in-chief,  etc. 

The  Honorable   THOMAS   HUTCHINSON,  Esq.,  Lieutenant 

Governor, 

Captain-General  and  Governor-in-chief,  etc.  [frorn  A^igust  1,  17691. 
TPIOMAS    FLUCKER,    Esq., 


SECRETARY 


THE  PROVINCE. 


COUNCILLORS    OR   ASSISTANTS. 

Of  the  Inhalitants  of  or  Proprietors  of  Lands  toithiii  the  Territory  formerly 
called  the  Colony  of  the  Massachusetts  Bay  ; 


Samuel  Danforth 
Isaac  Rotall 
John  Erving 
William  Brattle 
James  Bowdoin  " 
Thomas  Hubbard 
Harrison  Gray 
James  Russell 
Royall  Tyler 


James  Pitts 
Samuel  Dexter 
Benjamin  Greenleaf' 
Joseph  Hawley 
>EsQRS  Artemas  Ward^  )Esqrs, 

Thomas  Sanders,  Jr.," 
Joseph  Gerrish' 
John  Hancock  " 
Joshua  Henshaw" 


Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  N^ew  Plimouth; 

Gamaliel  Bradford       \  Jerathmeel  Bowers' 

James  Otis"  i    ^'*^^-  William  Sever  I 


ESQRS. 


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

John  Hill,  Nathaniel  Sparhawk  &  John  Bradbury,  Esqrs. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the   Territory  lying 
between  the  River  of  Sagadahock  £  Nova  Scotia; 

Jeremiah  Powell,  Esq. 

'  See  Legislative  Records  of  the  Council,  xxviii.,  1-8. 

'  Rejected  by  the  Governor.     See  Legislative  Records  of  the  Council,  xxviii.,  8. 

[371] 


372      Province  \^a.vi%  {Resolves,  etc.).  —  1769-70.     [Representatives.] 

For  the  Province,  at  large:  — 
Benjamin  Lincoln  &  Walter  Spooneb,'  Esqbs. 


EEPRESENTATIVES   OR  DEPUTIES. 

May  31,  1769  to  April  26,  1770. 

Mr.  THOMAS   GUSHING,  Speaker.' 


County  of  Suffolk. 
Boston,   .     .     .  James  Otis,  Esq., 

Thomas  Gushing,  Esq., 
Ml'.  Samuel  Adams, 
John  Hancock,  Esq. 

.  Joseph  Williams,  Esq. 

.  Mr.  Samuel  Howe. 

.  ]\Ir.  Benjamin  Wadsworth. 

.  Ebenezer  Thayer,  Jr.,  Esq. 

.  .James  Humphrey,  Esq. 

.  Mr.  Joshua  Hersey. 

.  Mr.  Nathaniel  Sumner. 

.  Mr.  Moses  Bulling. 

.  Mr.  Jabez  Fisher. 

.  Mr.  Ebenezer  Davis. 

.  Gapt.  Eleazer  Kings  berry. 


GouNTY  OF  Essex  —  Concluded. 


Roxbtiry, 

Dorchester, 

Milton,   . 

Braintree, 

Weymouth, 

Hingham, 

Dedhani, 

Medjield, 

Wrenlham, 

Brookline, 

Needham, 

Sioughton  & 

Stoughiou- 

ham,    , 

Mcdway, 

Walpole, 


Mr.  Hezekiah  Gay. 

Gapt.  Jonathan  Adams. 
Gapt.  Seth  Kiugsberry. 


Salem,  . 

Danvers, 
Ipswich, 
Newbury, 


GouNTY  OF  Essex. 

.  Gapt.  Richard  Derby,  Jr., 
Mr.  John  Pickering,  Jr. 

.  Dr.  Samuel  Holten. 

.  Gapt.  Michael  Farley. 

.  Joseph  Gerrish,  Esq. 
Newbury  Port,  Mr.  Jonathan  Greenleaf. 
Marblehead,      .  Joshua  Orne,  Esq., 
John  Gallison,  Esq. 

.  Mr.  Ebenezer  Burrill. 

.  Samuel  Phillips,  Esq. 

.  Gapt.  Henry  Herrick. 

.  Humphrey  Hobson,  Esq. 

.  Caleb  Gushing  Esq. 

.  Mr.  Samuel  Bachellor. 


Lynn,     . 

Andover, 

Beverly, 

Rowley,  . 

Salisbury, 

Haverhill, 

^  Rejected  by  the  Governor.     See  Legislative  Records  of  the  Council,  xxviii.,  8. 

»  April  18,  1770,  James  Warren,  Esq.,  was  elected  Speaker  pro  tempore  in  the  place  of  Thomas  Gush- 
ing, Esq.,  who  was  sick. —  House  Journal,  p.  167. 


Olocester,    . 

.  Thomas  Sanders,  Jr.   Esq. 

Topsfield,    . 

.  Gapt.  Samuel  Smith. 

Boxford, 

.  Aaron  Wood,  Esq. 

Almsbury,  . 

.  Mr.  Isaac  Merrill. 

Bradford,    . 

.  Benjamiu  Mulliken,  Esq. 

County  of  Middlesex. 

Cambridge,    . 

.  Mr.  Thomas  Gardner. 

Charlestown, 

.  Edward  Sheaffe,  Esq. 

Watertown, 

.  Mr.  John  Remington. 

Woburn,    . 

.  Mr.  Oliver  Richardson. 

Concord,   . 

.  Gapt.  James  Barrett. 

Newton,    . 

.  Capt.  Abraham  Fuller. 

Reading,  . 

.  Mr.  Samuel  Bancroft. 

Marlborough, 

.  Mi.  Samuel  Witt. 

Billerica, 

.  AVilliam  Stickney,  Esq. 

Framingham 

.  Joseph    Buckminster, 

Esq. 
.  AVilliam  Reed,  Esq. 

Lexington, 

Chelmsford, 

.  Mr.  Simeon  Spaulding. 

Sherburne, 

.  Mr.  Jonathan  Russell. 

Sudbury,  . 

.  John  Xoyes,  Esq. 

Maiden,    . 

.  Gapt.    Ebenezer    Ham- 

den. 

Weston,     . 

.  Mr.  Abraham  Bigelosv. 

Medford,  . 

.  Stephen  Hall,  Esq. 

Littleton,  . 

.  Capt.  Joseph  Harwood. 

Sopikinton, 

.  Capt.  Joseph  Mellen. 

Westford,  . 

.  Gapt.  Jonas  Prescott. 

Waltham,  . 

.     .  Gapt.  Jonas  Dix. 

Stow,    .     . 

.     .  Henry  Gardner,  Esq. 

Orolon, 

^ 

Shirley  & 

>  James  Prescott,  Esq. 

Pepijycrrell, 

) 

Townshend  t& 

^  Mr.  Amos  Whitney. 

Ashby, 

HollisloH,  . 

.     .  Mr.  Joshua  Hemenwav 

[Representatives.]     Province  Laws  (i?esoZwes,  e<c.).  —  1769-70.      373 


COUNTV 

Si^ringfield  &  { 
Wilbraham,  ) 
Northampton  &  \ 


South  Hadley 
&  Amherst, ' 
Hatfield,    .     .^ 

Westfield,  .     . 

Deerfleld, 

Oreerifield, 

Shelburne, 

Gonway, 

Swiderland  & 


OF  Hampshiue. 
Mr.  Jonathan  Bliss, 
Major  Benjamin  Day. 

Josepii  Hawley,  Esq. 

Simeon  Strong,  Esq., 
Mr.  Elisha  Porter. 

Hon.  Israel  Williams, 

Esq. 
Capt.  John  Mosely. 

Elijah  Williams,  Esq. 
Mr.  William  Billing. 


South  Brimfiekl  >Mr.  Timothy  Danielson. 
&  Monson,  ) 


County 
Plymouth,  . 
Scituate, 
Duxborough,^  . 


Bridgwater, 


Rochester, 
Plympton, 
Kingston, 
Abington, 


County 

Barnstable, 
Sandwich,  . 
Yarmouth,  .     . 
Eastham  & 
Wellfleet, 
Harwich,     . 

Falmouth,    . 
Chatham, 


OK  Plymouth. 
.  James  Warren,  Esq. 
.  Mr.  Gideon  Vinal. 
.  Capt.  John  Wadsworth. 
.  Capt.  Anthony  Thomas. 
.  Capt.  Edward  Mitchell. 
.  Capt.  Benjamin  White. 
.  Mr.  Samuel  Sprague. 
.  Capt.  John  Bradford. 
.  William  Sever,  Esq. 
.  Capt.    Woodbridge 
Brown. 

OF  Barnstable. 
.  Hon.  James  Otis,  Esq. 
.  Mr.  Stephen  Nye. 
.  David  Thacher,  Esq. 
}  Mr.  Thomas  Paine, 
)  Elisha  Doane,  Esq. 
.  Chillingsworth  Foster, 

Esq. 
.  Capt.  Joseph  Robinson. 
.  Mr.  Joseph  Doane. 


County  of  Bristol. 

Taunton,   .     .     .  James  Williams,  Esq., 

Daniel  Leonard,  Esq. 

Behoboth,  .     .     .  Capt.  James  Clay. 

'  The  House  Journal, 
'  The  House  Journal, 


County  of 

Swanzey  with 
Shawamet, 
Dartmouth,    . 
Norton,      .     . 
Attleborough, 
Dighton,    .     . 
Freetown, 
Raynham, 


Bristol —  Concluded. 
>  Jerathmeel  Bowers,  Esq. 

.  Mr.  Walter  Spooner. 
.  Dr.  George  Wheten. 
.  Mr.  John  Daggett. 
.  Col.  Elnathan  Walker. 
.  Mr.  Thomas  Durfee. 
.  Zephaniah  Leonard,  Esq. 


County  of  York. 
York,   ....  Thomas  Bragdon,  Esq. 
Kittery,     .     .     .  James  Gowen,  Esq. 
Wells,  ....  John  Wheelwright,  Esq. 
Berwick,    .     .     .  Benjamin  Chadburne, 

Esq. 
Biddeford  &       n 

Pepperrell-  >  Jeremiah  Hill,  Esq. 

borough,  J 

Dukes  County. 
Chilmark,      .     .  Mr.  Jonathan  Allen. 

In  the  County  of  Nantucket. 
Sherburne,      .     .  Mr.  Stephen  Hussey. 


County 
Worcester, 
Lancaster, 
Mendon,     .     . 
Brookfield, 
Oxford  & 
Charlton, 
Sutton,  .     .     . 
Leicester  &  Spen- 
cer &  Paxton, 
Rutland,  Rut- 
land District, 
Oakham  & 
Hubbardston, 
Southborough, 
Westborough  & 
Northborough, 
Shrewsbury,    . 
Lunenburgh  &     \ 
Fitchburgh,  S 

Uxbridge,  . 
Harvard,    . 

p.  4,  adds,  "  Granby.*^ 
p.  4,  reads,  "  Duxbury.^ 


of  Worcester. 
.  Mr.  Joshua  Bigelow. 
.  Capt.  Asa  Whitcomb. 
.  Mr.  Edward  Rawson. 
.  Jedediah  Foster,  Esq. 

I  Edward  Davis,  Esq. 

.  Capt.  Henry  King. 

>  Mr.  Thomas  Denny. 

1 
John  Murray,  Esq. 

.  Timothy  Brigham,  Esq. 
I  Capt.  Stephen  Maynard. 
.  Artemas  Ward,  Esq. 

>  Edward  Hartwell,  Esq. 

.  Capt.  Ezekiel  Wood. 
.  Israel  Taylor,  Esq. 


374     Province  hwfs  {Besolves,  etc.).  —  1769-70.      [Representatives.] 


County  of  Worcester — Concluded. 


Bolton,  . 
Stur  bridge, 
Hardwick,  . 
Orafton,     . 
Petersham, 


.  John  Whitcomb,  Esq. 

.  Moses  Marcy,  Esq. 

.  Hon.  Timothy  Ruggles. 

Mr.  Ephraim  Sherman. 

Mr.    Theophilus    Chand- 
ler. 


County  of  Cumberland. 
Falmouth  and 


Cape  Elizabeth, 


Jedediah  Preble,  Esq. 


County  of  Cumberland  —  Concluded. 
Scarborough,       .  Mr.  John  Stewart. 


Oorham, 


Solomon  Lombard,  Esq. 


County  of  Berkshire. 

Sheffield,  Great 


Barrington  &       >  John  Ashley,  Esq. 

Egremont,  ) 

Stockbridge,   .     .  Timothy  Woodbridge, 

Esq. 
Pittsfield,   .  .  Capt.  Charles  Goodrich. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirty-first  Day  of  May,  A.D.  1769. 


CHAPTBK    1. 

RESOLVE   ADJOURNING   COURTS   IN   YORK   COUNTY. 

Whereas  a  great  number  of  Actions  which  were  depending  in  Legislative 
the  Superior  Court  of  Judicature  Court  of  Assize  and  General  Goal  comicif  "'  "'* 
delivery  held  at  Falmouth  in  and  for  the  County  of  Cumberland  on  xxviii.,22. 
the  fourth  Tuesday  of  June  1768  were  continued  to  the  Court  to  be  Archives, 
held  at  Falmouth  in  &  for  the  said  County  on  the  fourth  Tuesday  ''"''-  ""• 
of  June  this  present  year  And  whereas  it  is  improbable  that  the  ^a""^'' '^^'r'"^ 
time  between  the  first  day  for  holding  the  said  Court  in  Falmouth  28  Ms.  'proy- 
and  the  first  day  for  holding  the  said  Court  at  York  in  and  for  the  srsfchap!?"'' 
County  of  York  will  be  sufticient  for  the  Trial  of  the  said  continued  Y-'V^^' 
Actions  and  also  such  new  Actions  as  may  be  entred  for  Trial,  It  is 
therefore 

Resolved 

That  the  Superior  Court  of  Judicature  Court  of  Assize  and  gen- 
eral Goal  delivery  which  ought,  by  LaAV,  to  be  held  at  York  for  the 
County  of  York  on  the  first  Tuesday  of  July  next  be  and  it  hereby 
is  adjourned  to  the  Third  Tuesday  of  the  same  month  of  July  then 
to  be  holden  at  York  in  and  for  the  said  County  of  York.  And  all 
Pleas  Writs  Actions  Suits  Plaints  Precepts  Eecognizances  and  Proc- 
esses whatsoever  and  all  Matters  and  Things  returnable  or  having 
day  in  the  said  Court  for  the  County  of  York  shall  stand  abide  and 
continue  until  the  said  Adjournment  and  be  then  proceeded  on  in 
like  manner,  and  siich  proceedings  shall  be  held  deemed  and  ad- 
judged to  be  as  good  effectual  &  available  to  all  intents  and  pur- 
poses whatsoever,  as  if  the  said  Court  for  the  County  of  York  had 
been  held  &  kept  on  the  day  by  Law  for  holding  the  same  and  no 
Adjournment  had  been  made.     \^Passe(l  June  32. 


CHAPTER    2. 

RESOLVE    ESTABLISHING    THE    GARRISONS    AT    CASTLE    WILLIAM    AND 
FORT  POVVNALL. 

Resolved  That  there  be  an  Establishment  for  fifty  men  officers  Legislative 
included  for  the  defence  of  Castle  William.  And  that  their  wages  couuclf,  "*  ""* 
be  fixed  at  the  Following  Kates,  to  Continue  for  One  Year  from  the  xxviii.,24. 
20'"  of  June  Current  Viz  Archives, 

[■35-51  Ixxx.,  662. 


376 


Province  Laws  {Resolves,  etc. ) .  — 1769-70.     [Chaps.  .3,  4,] 


House  Jour. 
nal,pp.28,29, 


For  one  Captain 
For  one  Lieut' 
For  one  Chaplain 
For  one  Gunner 
For  one  2^  Gunner 
For  one  armourer 
For  Tno  Serjaents 
for  Six  Quarter  Gun'^ 
for  4  corporals 
for  1  Druiner 
for  31  privats 


V  annum £56.     3.  10 

Ditto 28.  11.  5 

Ditto 33.     6.  8 

D" 45.     6.  8 

D° 33.     6.  8 

^  month 2.     4.  6 

D"       Each 1.  12. 

D"       Each 1.  12 

D»       Each 1.     9.  4 

d"             1.     9.  4 

d°        Each 1.    4. 


Also 

Resolved.  That  the  Establishment  for.  Fort  Pownal  at  Penobscot 
for  One  Year  from  the  30"'  Jun  current,  be  as  follows  Viz' 

£2.  10 
4. 

2.  10 

2.  5 

1.  10 

1.  10. 

1.  4 

[Passed  June  22. 


For  One  Lieut' 

■¥>  month 

For  an  Chaplain 

t>r     D» 

For  an  Interpreter 

Do 

For  One  Gunner 

D" 

For  One  Armourer 

d" 

For  one  Sirjaent 

D» 

For  Twenty  privates 

^     D» 

CHAPTEK    3, 


Legislative 
Records  of  the 
Council, 
xxviii.,  27. 
Mass. 

Archives,  civ., 
558. 

House  Jour- 
nal, p.  37. 
Province 
Laws,  iv.,  958, 
chap.  7. 


RESOLVE    DIRECTING    PROVINCE    TREASURER    TO    NOTIFY   POSSESSORS 
OF  GOVERNMENT   SECURITIES   OF  THEIR  REDEMPTION. 

Resolvd  that  the  Treasurer  of  this  Province  be  &  hereby  is  directed 
to  give  publick  Notice  to  the  Possessors  of  Government  Securitys 
that  were  due  the  20"'  Instant,  that  they  bring  them  into  the  Treas- 
ury on  or  before  the  20"'  of  July  nest,  in  order  that  they  may  be 
paid  off,  &  that  no  Interest  will  be  allowd  upon  said  Notes  after 
the  said  20'"  of  July.      [Passed  June  28. 


CHAPTEE    4. 

ORDER   DIRECTING    THE    PAYMENT    OF   £75  AND   A   FURTHER  AMOUNT 
OF   £15   TO  REV  ELI   FORBES. 


Legislative 
Records  of  the 
CouncU, 
xxviii.,  2«. 
Mass. 
Archives, 
xxxiii.,  500. 

Mass. 
Archives, 
xxkili.,  498. 
House  Jour- 
nal, pp.  32, 38. 
Province 
Laws,  xvi.,  60, 
chap.  128;  607, 
chap. 97.   Ante, 
p.  243,chap.  36; 
p.  369,  chap.  57. 


A  Petition  of  the  Eev'^  Eli  Forbes  of  Brookfield  Praying  for 
Payment  of  the  Sum  stipulated  by  this  Court  for  boarding  cloath- 
ing  and  instructing  of  three  Indian  Children,  from  the  IT'"  day  of 
June  1768,  to  this  time,  which  was  fixed  at  10/  p  week,  and  setting 
forth,  that  on  the  25"'  day  of  March  last,  he  received  two  Letters 
from  the  Friends  of  the  two  Indian  Boys  requesting  that  their  Chil- 
dren might  be  allowed  to  visit  them  for  reasons  expressed  in  said 
Letters.  And  praying  the  directions  of  this  Court  in  the  Premisses. 

Eead  & 

Ordered  that  there  be  paid  out  of  the  Intrest  of  Sir  Peter  War- 
rens Donation  the  Sum  of  Seventy  five  pounds  to  M'  Eli  Forbes  in 
full  for  his  Cloathing  Bording  and  Instructing  the  three  Indian 
Children  in  this  petition  mentiond  from  the  l?'"  Day  of  June  1768 
until  June  S"^  1769  &  further 

Ordered  that  there  be  paid  out  of  the  Intrest  afos"*  a  further  Sum 


[1st  Sess.J     ProvixXce  Laws  {Resolves,  e<c.).  — 1769-70.  377 

of  fifteen  pounds  to  the  said  M"'  Eli  Forbes  to  Enable  him  to  Send 
home  the  Two  Indian  Boys  and  Eeturn  them  according  to  his  Dis- 
cretion he  to  Eender  an  ace"  of  the  Disposal  of  the  last  mentioned 
sum  hereafter  to  the  Gen'  Court.     [Passed  June  28. 


CHAPTER    5. 

RESOLVE  ESTABLISHING  THE  BOUNDARY  LINE   BETWEEN  SUTTON  AND 
UXBRIDGE. 

A  Petition  of  Isaac  Bernard  and  others  a  Committee  of  the  Legislative 
Town  of  Sutton    Setting  forth  That  about  twenty  years  since  there  counc'if, °* "''' 
was  a  Perambulation  of  the  Lines  between  the  said  Town  and  the  -'^''^;!:>i*6; 

Town  of  Uxbridge,  in  which  an  unhajjpy  mistake  was  made  to  the  — .  ''  .  " 

prejudice  of  the  Town  of  Sutton.  That  the  Selectmen  of  Sutton  Ricords'olthe 
taking  advantage  hereof  have  ever  since  refused  to  Perambulate  any  5°"?="o'„n  m-- 
other  Line  altho  the  Line  so  run  comes  in  upon  Sutton  about  seven  xxvm.,  26. 
hundred  rods  in  length,  and  in  the  widest  part  about  20  Rods  in  uaTpp.sv^io. 
breadth,  thereby  cutting  off  about  Eighty-four  Acres  of  Land.  And  Laws^ix  408 
praying  that  a  Committee  of  this  Court  may  be  appointed  to  settle  chap.  66. ' 
the  Line  between  the  said  Towns  agreable  to  the  intention  of  the 
original  Grant  of  said  Town. 

Read  and 

Resoli'ed  That  the  Line  between  the  Towns  of  Sutton  &  Uxbridge, 
begin  at  a  large  red  oak  Tree,  about  Sixty  Rods  Easterly  of  the 
House  of  Mark  Bachelor,  having  sundry  marks  upon  it,  and  a  large 
heap  of  Stones  about  the  Root,  being  an  ancient  Monument,  and  to 
run  from  thence  South  seven  degrees  &  an  half  West,  by  the  Needle, 
four  miles  &  twenty  rods  to  a  heap  of  Stones,  called  Draper's  Corner, 
that  &  said  red  Oak  tree  being  the  two  Corners  mentioned  in  the 
Petition  of  the  town  of  Sutton,  &  perambulated  to  by  said  town, 
and  the  town  of  Uxbridge,  from  their  first  Perambulation,  and  that 
the  Charge  of  the  Committee,  amounting  to  the  Sum  of  Six  Pounds 
Eight  shillings  &  seven  pence  be  paid  by  the  said  Town  of  Uxbridge. 
[Passed  June  29. 


CHAPTER    6. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUNTY. 

The  FOLLOWING  Order  passed  on  the  Account  of  John  Cotton  Legislative 
Esq'  Treasurer  of  the  County  of  Plymouth,  which  was  laid  before  coSndf"'"' 
the  Court  for  their  Allowance,  Viz'  xxviii.,'34. 

Resolved  that  the  within  Account,  being  right  cast,  and  well  House  Jour- 
vouched  be  allowed,  and  that  the  Treasurer  be  discharged  of  the  ""''PP'^'*'^- 
Sam  of  One  hundred  forty  nine  Pounds,  nine  shillings  &  four 
l^ence,  which  he  has  paid  by  order  of  the  Court  of  Sessions,  includ- 
ing his  own  Commissions,  and  that  a  Balance  remains  in  the  said 
Treasurers  hands  of  Two  hundred  &  seven  pounds,  seven  shillings 
&  six  pence,  including  the  last  year's  Assessment  on  the  County, 
which  the  said  Treasurer  is  still  to  account  for,  when  he  shall  recieve 
the  same.     [Passed  July  1. 


378 


Province  Laws  {Resolves, etc.).  —  1769-70.     [Chaps.  7-9.] 


Leg:islative 
Records  of  the 
Council, 
xxviii.,  34. 

House  Jour, 
nalipp.as,  4-3. 


CHAPTER    7. 

RESOLVE    ALLOWING   THE    ACCOUNT   OF    THE    TREASURER    OF    ESSEX 
COUNTY. 

The  following  Order  passed  ou  the  Account  of  Cap'  Michael 
Farley,  Treasurer  of 'the  County  of  Essex,  which  was  laid  before 
the  Court  for  Allowance,  Viz' 

Resolved  that  the  within  Account,  being  right  cast,  &  well  vouched, 
be  allowed  and  that  the  Treasurer  be  discharged  of  the  Sum  of  Three 
hundred  &  fifty  two  Pounds  ten  shillings,  which  he  has  paid  by  order 
of  the  Court  of  Sessions,  including  his  own  Commissions,  and  that 
a  balance  remains  in  the  said  County  Treasurer's  hands  of  Four  hun- 
dred forty  Pounds,  ten  shillings  &  nine  pence,  including  the  last 
year's  Assessment  on  the  County  of  Three  hundred  Pounds,  which 
the  Treasurer  is  still  to  account  for  when  he  shall  recieve  the  same. 
\^Passed  July  1. 


CHAPTEE    8. 


RESOLVE  ALLOWING  THE   ACCOUNT    OF   THE    GUARDIANS   OF   THE    HAS- 
ANAMISCO   INDIANS. 


Legislative 
Records  of  tlie 
Council, 
xxviii.,  35. 
Mass. 
Archives, 
.xxxiii.,  506. 


Archives, 
xxxiii.,  .^05. 
House  Jour- 
nal, p.  44. 
Province 
Laws,  xvil., 
•269,  chap.  104. 


The  followinCt  Order  passed  on  the  Account  of  Timothy  Paine 
and  Artemas  Ward  Esq"  Trustees  of  the  Hasanamiseo  Indians,  which 
was  laid  before  the  Court  for  Allowance,  Viz' 

Resolved  that  the  accounts  of  the  Guardians  of  the  Hassauamisco 
Indians  being  right  cast  &  well  vouched  be  allowed  &  That  the  said 
Guardians  be  accountable  for  the  Sum  of  Seventeen  Hundred  & 
forty  four  Ounces  &  *5%44  Parts  of  an  Ounce  of  Silver  being  Prin- 
cipal &  that  s""  Guardians  be  further  accountable  for  The  Sum  of 
two  pounds  eight  shillings  &  Two  Pence  Interest  money  still  remain- 
ing in  their  Hands.      \^Passed  July  4. 


CHAPTER    9, 


RESOLVE    APPOINTING   A    COMMITTEE    TO    BURN    GOVERNMENT    SECU- 
RITIES redeemed. 


Legislative 
Records  of  the 
Council, 
xxviii.,  35. 


House  Jour. 
nal,pp.47,48. 


In  the  House  of  Representatives 

Resolvd  that  M'  Hancock  Capt  SheafEe  &  Coll  Williams  with 
such  as  the  Hon*"'  Board  shall  joyn  be  a  Committee  to  repair  to  the 
Treasurers  office  in  the  Recess  of  the  Court  take  an  Account  of  the 
Government  Securities  which  have  been  redeemd  see  the  same  con- 
sumd  to  Ashes  &  report  at  the  next  Sitting  of  this  Court 

In  Council.  Read  &  Concurred  and  Thomas  Hubbard,  &  Samuel 
Dexter  Esq'''  are  joined.     [Passed  July  5. 


[1st  Sess.]     Province  Laws  (7?esofoes,  ete.).  — 1769-70.  379 


CHAPTEE    10. 

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

The  following  Order  passed  ou  the  Acco'  of  Solomon  Otis  Legislative 
Esq'  Treasurer  of  the  County  of  Barnstable,  which  was  laid  before  coSnc'if,°*  ""^ 
the  Court  for  Allowance,  Viz'  xxYiii.,'i6. 

Resolved  that  the  within  Account  being  right  cast  and  well  vouched  House  Jour- 
be  allowed,  and  that  the  Treasurer  be  discharged  of  the  Sum  of  One  '"'  ''^''•-  • 
hundred  Seventeen  Pounds,  eleven  shillings  and  eight  pence,  which 
he  has  paid  by  order  of  the  Court  of  Sessions,  that  he  be  further 
accountable  for  the  Sum  of  One  hundred  Eighty  five  Pounds  six 
shillings,  five  pence  and  two  farthings,  which  he  is  still  to  account 
for,  when  he  shall  recieve  the  same.      \^Passed  July  5. 


CHAPTER    11. 

RESOLVE  DISCHARGING  THE  PROVINCE   TREASURER  OF  £180,861.  16.  ^. 

The  Committee  to  whom  was  referred  the  Examination  of  the  LegiBiative 
Account  of  Harrison  Gray  Esq'  Treasurer  &  Eeciever  General  of  cSunrtf, "' ""^ 
his  Majesty's  Eevenues,  within  the  Province  of  the  Massachusetts  xxviii.,37. 
Bay,  in  New  England,  beginning  35*''  of  May  1768,  and  ending  the  Archives, 

31"  May  1769,  having  attended  that  Service,  upon  examining  the  '^^^^■^  ^^'^- 

same,  find  them  right  cast,  and  well  vouched ;  by  which  it  appears,  ^'rci^iVea 
that  the  said  Accomptant  charges  himself  with  the  Sum  of  Eighty  cxxv.,3(ii. 
seven  thousand  three  hundred  &  four  Pounds,  seven  shillings  &  six  RS^TOrds'of'tiie 
pence,  being  so  much  due  for  taxes,  as  represented  by  his  last  Ac-  xxv?ii!''33. 
compts.  Also  with  the  Sum  of  Fifty  three  thousand,  two  hundred  n'ouseJour- 
and  seventy  Pounds,  eighteen  shillings,  and  two  pence,  being  the  ""'P" 
balance  due  by  last  Accounts,  also  with  the  Sum  of  One  hundred 
twenty  five  thousand  Eight  hundred  &  fifty  Pounds  borrowed  of 
sundry  persons,  for  which  Sum,  gave  Notes  payable  in  June  1769    Also 
with  the  Sum  of  One  hundred  thirty  three  Pounds,  six  shillings  and 
eight  pence,  recieved  from  an  unknown  hand,  being  so  much  he  ap- 
prehended, he  ought  to  pay  the  Province  for  Duties  upon  Rum  & 
Molasses  he  has  run.  Also  with  the  Sum  of  Eleven  hundred  Seventy 
nine  Pounds,  eleven  shillings  and  two  pence,  recieved  of  sundry 
Persons  for  Lands.  Also  with  the  Sum  of  Twenty  three  hundred 
thirty  two  Pounds  fourteen  shillings  &  nine  pence,  recieved  of  the 
Collectors  of  Excise  on  spirituous  Liquors.   Also  with  the  Sum  of 
Twenty  three  Pounds  thirteen  shillings  &  six  pence  recieved  of  Asa 
Douglass  &  Samuel  Warren  their  part  of  what  they  were  to  pay  for 
the  Release  of  9-13  Acres  of  land.  Also  with  the  Sum  of  Twenty  two 
Pounds  four  shillings,  recieved  of  sundry  Justices  for  Fines.   Also 
with  the  Sum  of  Three  hundred  &  forty  eight  Pounds,  recieved  of 
Commissary  Hubbard,  being  part  of  the  Profits  arising  from  the 
Indian  trade.  Also  with  the  Sum  of  Six  hundred  and  three  Pounds, 
nine  shillings  &  five  pence,  recieved  of  the  hon''''^  James  Russell 
Esq'  Commissioner  of  Impost  Duties ;  all  which  Sums  amount  to 
two  hundred,  seventy  one  thousand  and  Sixty  eight  Pounds,  five 
shillings  and  two  pence 


380 


Province  Laws  {Resolves,  etc.).  —  17(39-70.     [Chap.  12.] 


The  Committee  further  find  that  the  said  Accomptaut  discharges 
himself  by  sundry  Payments,  and  Disbursments,  by  Order  of  the 
Governor  and  Council,  amounting  to  Ten  thousand  two  hundred, 
twenty  three  Pounds,  four  shillings  &  four  jDence. 

Also  by  Government  Securities  burnt  by  a  Committee  of  botli 
Houses,  amounting  with  Interest,  to  One  hundred  Sixty  nine  Thou- 
sand, and  thirty  eight  Pounds,  twelve  shillings,  &  one  penny. 

Also  by  Cash  paid  John  Hancock  Esq'  for  twelve  hundred  Pounds 
sterling,  in  Bills  of  Exchange  'HVs  ^  C'  equal  to  Sixteen  hundred 
pounds  lawful  Money,  which  was  remitted,  one  half  to  Richard 
Jackson  Esq'  and  the  other  half  to  Dennis  Debert  Esq'  Also  by 
outstanding  Taxes,  due  from  the  several  towns,  amounting  to  Fifty 
one  thousand,  two  hundred  thirty  two  Pounds,  two  shillings  and 
eight  pence.  By  Balance  in  hand  further  to  account  for  Thirty  eight 
thousand,  nine  hundred  Seventy  four  Pounds,  six  shillings  and  one 
penny.  All  which  Sums  amount  to  Two  hundred  Seventy  one  thou- 
sand &  Sixty  eight  Pounds,  five  shillings  and  two  pence. 

[Read  and] 

Resolvd  that  the  Treasurer  &  Receiver  General  of  this  Prov- 
ince be  &  he  hereby  is  dischargd  of  the  several  Sums  mentiond 
in  his  Accounts  amounting  to  one  hundred  &  Eighty  thousand  Eight 
hundred  &  Sixty  one  Pounds  Sixteen  shillings  &  five  pence :  And 
that  he  be  further  accountable  to  the  Province  for  the  sum  of  Fifty 
one  Thousand  two  hundred  thirty  two  pounds,  two  shillings  &  Eight 
pence  represented  as  outstanding  taxes  when  receivd  by  him  into 
the  Treasury,  and  the  Sum  of  thirty  Eight  thousand  nine  hundred 
seventy  four  pounds  Six  shillings  &  one  peny  being  the  Ballance 
remaining  in  his  hands.     \^Passed  July  5. 


CHAPTEK    12 


Legislative 
Records  of  the 
Council, 
xxviii.,  39. 

House  Jour- 
nal, pp.  33, 50. 
Province 
Laws,  Iv.,  815, 
chap.  13. 


RESOLVE  CONFIRMING  THE  PROCEEDINGS  AT  THE  TOWN  MEETINGS  IN 
ASHFIELD. 

A  Petition  of  Ebenezer  Belding  and  others  a  Committee  of  the 
town  of  Ashfleld,  in  the  County  of  Hampshire  Setting  forth,  that 
a  few  years  since  the  said  Town  was  incorporated,  &  a  Meeting 
called  by  order  of  the  Court  for  the  Choice  of  Town  Oflicers,  but 
that  no  return  was  made  upon  the  Warrant  for  calling  the  said 
Meeting  by  the  person  to  whom  it  was  directed,  and  that  several 
other  Warrants  for  calling  of  the  Meetings  in  said  town  have  not 
had  due  Returns  made  upon  them;  by  means  whereof  the  transac- 
tions of  the  said  town,  in  the  said  Meetings  are  looked  upon  as 
illegal,  and  disputes  in  the  Law  have  arisen,  and  more  are  like  to 
arise,  unless  prevented  by  the  Aid  of  this  Court.  And  praying  that 
the  several  Meetings  of  the  said  Town  since  the  Incorporation,  may 
be  confirmed  by  an  Act  of  this  Court. 

Read  and 

Resolved  that  the  prayer  of  this  Petition  be  granted,  &  that  all 
the  Votes  &  transactions  of  the  said  town  of  Ashfield  in  their  sev- 
eral Town  Meetings  since  their  Incorporation,  unto  this  time  be 
and  hereby  are  ratified  and  confirmed ;  any  Omission  or  Neglect  of 
making  due  &  proper  Returns  on  the  several  Warrants  for  calling 
the  same  Meetings  or  any  of  them  notwithstanding.    \_Passed  July  5. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  381 

CHAPTEE    13. 

RESOLVE  IMPOWERING  JON^  CAPEN,  GUARDIAN,  TO  SELL  REAL  ESTATE. 

A  Petition  of  Jonathau  Capen,   Guardian   to    the   Puncapaug  Legislative 
Indians    Setting  forth    That  the  Debts  of  the  said  Indians  amount  coSuclr"''" 
to  Seventy  seven  pounds,  thirteen  shillings  &  nine  pence  half  penny,  xxvui.,  4o. 
which  have  arose  for  their  necessary  support,  &  Maintenance.  And  Archives, 
inasmuch  as  their  Creditors,  are  in  great  want  of  their  just  dues, 


and  the  Petitioner  has  no  personal  Estate,  in  his  Hands  to  discharge  Archives 
the  same.  Praying  that  he  may  be  enabled  to  sell  so  much  of  the  xxxiu.,  4',io-494. 
said  Indian's  Land  as  shall  be  sufficient  for  that  purpose.  RefOTrts'ot  the 

[Read  and]  .         .  ,  ,  .        -"'.'."is.. 

Resolved  t\vAt  Jonathan  Capen  Guardian  to  the  Punkapog  Indians  House  .lour. 
be  &  herby  is  impowered  to  Make  Sale  of  so  much  of  the  Lands  prdyiiice' 
belonging  To  the  Punkapog  Indians  as  shall  amount  to  77.13.9.2  ^tfa^^'ui"^^'' 
and  the  Expence  of  making  Such  Sale  And  to  make  &  Execute  a  ^nte,  p.  -ito, 
good  Deed  or  Deeds  therof  In  the  Law  s'^  Guardian  observing  the  '^  ^^' 
Directions  of  the  Law  respecting  the  Sale  of  real  Estates  and  To  be 
accountable  to  this  Court  for  his  Doings  Theriu.      [Passed  July  6. 


CHAPTEE    14. 

RESOLVE  ALLOWING   £13.  6.  8   TO  THE   HEIRS  OF  ABIJAH   STRETTON. 

A  Petition  of  Elizabeth  Stratton  of  Natick    Setting  forth,  That  fe''?'^'?"^^,, 
her  late  Husband  Abijah  Stratton  deceased  in  his  life  time  viz'  in  couucu, 
January  1768  preferred  a  Petition  to  this  Court  shewing,  That  Sarah  Mai".'''  *^' 
Wompsquon  an  Aged  Indian  Woman  and  lame  came  to  his  House  ■*^^''.'?.'.'"'^' 
in  the  Winter  and  a  Storm  ensuing  he  was  obliged  to  keep  her,  as 


is  more  particularly  mentioned  in  said  Petition;  and  that  as  no  Archives, 
determination  was  then  come  into  by  the  Court  for  the  support  of  Le^/si.i'tfve 
said  Sarah,  he  was  obliged  to  continue  to  keep  her  until  his  own  Records  of  the 
ill  Health  rendered  it  difficult  for  him  to  do  it  any  longer.  That  the  xxvilJ  133. 
time  of  her  being  with  him  from  first  to  last  is  sixty  six  Weeks  which  na  "pp"''32"5i 
at  4/  ^  Week  amounts  to  £13.4/  And  Praying  for  a  reimbursment 
of  the  said  Sum. 

[Read  and] 

Resolvd  that  the  Sum  of  Thirteen  pounds  Six  shillings  &  Eight 
pence  be  allowd  &  paid  out  of  the  publick  Treasury  to  Elizabeth 
Stretton  or  her  order  for  the  Use  &  Benifit  of  the  Heirs  of  Abijah 
Strettoii  of  Natick  dec"*  in  full  for  his  keeping  &  taking  Care  of 
Sarah  Wampsquam  an  aged  Indian  Woman  Sixty  Six  weeks  pur- 
suant to  the  Account  in  said  Petition.     [Passed  July  6. 


382 


Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chaps.  15,  16.] 


CHAPTEK    15. 


RESOLVE  WITH  NOTICE  AND  STAY  OF  EXECUTION  ON  THE  PETITION 
OF  JON''  GROUT  AND  OTHERS  IN  REGARD  TO  A  RE-TRIAL  OF  AN 
ACTION. 


Legislative 
Records  of  the 
Council, 
xxviii.,  45. 

House  Jour- 
nal, pp.48, 55. 


A  Petition  of  Jonathan  Grout,  Silence  Grout  &  Priscilla  Grout 
all  of  Worcester  in  the  County  of  Worcester  Children  and  Heirs  of 
Jonathan  Grout  late  of  Worcester  aforesaid  Yeoman  deceased  set- 
ting forth  That  Richard  Heard  of  Sudbury  in  the  County  of  Mid- 
dlesex commenced  an  Action  against  their  mother  Hannah  Grout 
as  Administratrix  of  the  Estate  of  their  said  Father  the  said  Jona- 
than Grout  at  the  Inferior  Court  held  at  Cambridge  for  the  County 
of  Middlesex  in  May  last  for  a  supposed  breach  of  Covenant  on  a 
Deed  &  Conveyance  of  some  Lands  given  him  by  their  said  Father 
so  long  ago  as  the  year  1744.  That  the  said  Hannah  being  so  much 
under  the  influence  of  the  said  Richard  Heard  (her  Brother)  as  not 
to  inform  them  of  the  said  Action,  but  suffered  herself  to  be  de- 
faulted and  Judgment  to  be  had  against  their  said  Fathers  Estate 
in  her  hands  for  One  hundred  pounds  damages.  That  the  Petitioners 
apprehend  if  a  fair  Trial  may  be  allowed,  they  shall  be  able  to  make 
it  appear  there  never  was  any  breach  of  the  Covenants  in  said  Deed 
or  any  foundation  for  the  said  Action,  and  that  there  is  nothing 
due  to  the  said  Richard  in  Law  nor  equity.  And  praying  (as  the 
loss  will  be  wholly  the  Petitioners)  that  the  Execution  of  the  Judg- 
ment aforesaid  may  be  staid,  and  that  they  may  be  allowed  in  the 
name  of  the  said  Hannah  Grout,  and  at  their  own  Expence  a  hear- 
ing and  Trial  in  the  Law  of  the  said  Cause. 

[Read  and] 

Resolved  That  the  foregoing  Petitioners  notify  the  adverse  party 
of  the  foregoing  Petition  by  leaving  an  attested  Copy  thereof  with 
him,  that  he  shew  cause,  if  any  he  has,  the  second  Thursday  of  the 
next  Session  of  the  General  Court  why  the  prayer  thereof  should 
not  be  granted,  and  that  the  Execution  above  mentioned  be  stayed 
in  the  mean  time.     ^Passed  July  8. 


CHAPTER    16, 


RESOLVE    CONFIRMING  A  PLAN    OF    ¥"=  GRANT    OF  LAND   MADE  TO   M" 
EBEN"    HARTSHORN   TRANSFERRED   TO   CAP''   MOSES  LITTLE. 


Legislative 
Records  of  the 
Council, 
xxviii.,  48. 
Maps  and 
Plans,  Mis., 
xlv.,  8. 


A  Plan  and  description  of  part  of  sixteen  hundred  Acres  of  Land 
granted  to  M'  Ebenezer  Hartshorn  (which  Grant  he  has  since  sold 
to  Cap'  Moses  Little  of  Newbury  and  by  him  laid  out  in  the  County 
of  Cumberland  between  New  Gloucester  and  the  Pejepscot  Claim 
and  Bakers  Town  so  called)  was  laid  before  the  Court  and  is  bounded 
as  followeth  Begining  at  a  Beach  Tree  standing  on  the  Easterly 
Line  of  said  Bakers  Town  distant  four  Miles  S.AV.  from  the  great 
Falls  or  twenty  mile  Falls  so  called  in  Androscoggin  River  being 
the  S.W.  corner  bound  of  the  said  Pejepscot  Claim;  then  runing 
from  said  Beach  Tree  470  Rods  S.W.  on  the  East  line  of  said  Bakers 
Town  to  a  Fir  Tree  standing  on  New  Gloucester  Line  which  is 
marked  M.  L  from  thence  S.E.  by  S.   upon  New  Gloucester  Line 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1769-70.  383 

1,3-iO  Rods  'till  it  intersects  the  Pejepscot  Line  at  a  Pine  tree 
marked  M.  L  from  thence  running  upon  the  Pejepscot  curved 
Line  parralel  to  Androscoggin  River  and  four  Miles  distant  there- 
from on  a  S.W.  course  to  the  Beach  Tree  first  abovementioned,  and 
contains  1,343  Acres,  exclusive  of  150  Acres  of  Morass  or  Bog. 

Dated  Novem"'  9"'  1708     Signed  ^  John  Brown  jun^  Surveyor. 

Whereupon  the  following  Order  passed  viz' 

Resolved  that  the  within  Plan  of  fourteen  hundred  &  ninety  three 
Acres  Of  land  Delineated  and  Discribed  as  it  is  Set  forth  therein; 
also  another  Strip  of  Land  Containing  about  forty  five  Acres  being 
the  whole  of  the  Province  land  lying  in  a  Gore  between  New  Gloces- 
ter  &  the  Pejepscutt  Curved  line  as  may  also  appear  by  the  within 
Plan;  be  accepted  &  hereby  is  Confirftied  unto  Capt°  Moses  Little 
(a  Grantee  of  Ebenezer  Hartshorn),  to  him  the  said  Moses  Little 
his  Heirs  &  assigns  forever  in  lieu  of,  and  in  full  Satisfaction  for 
the  Grant  made  by  the  General  Court  the  2''  day  of  March  A.D. 
1768,  of  Sixteen  hundred  Acres  of  land  to  the  said  Ebenezer  Harts- 
horn for  his  Services  Sufferings  &  purchases  in  his  petition  men- 
tioned; Provided  that  both  said  pieces  of  land  do  not  Exceed  the 
Quantity  of  Sixteen  hundred  Acres  (Exclusive  of  One  hundred  & 
fifty  Acres  of  Morass  or  Bogs,)  nor  interfere  with  any  former  grant. 
[Passed  July  11. 


CHAPTER    17. 

RESOLVE   ALLOWING   £14.  12.  1   TO   REV.   STEPHEN  BADGER. 

A  Memorial  of  Stephen  Badger  of  Natick  Clerk,  Praying  that  Legislative 
he  may  be  reimbursed  the  Sum  of  £14.12.1  which  he  expended  for  couneif," 
the  support  of  Sarah  Wampsquon  and  Thankful  Figgins  and  her  jjaa"'''*^' 
Child  Indians  of  Natick,  they  being  destitute  of  the  necessaries  of  Archives, xiv., 

life.  And  that  provision  may  be  made  for  the  future  support  of  the  ~ 

said  Indians  and  such  others  as  may  be  under  the  like  circumstances.  Archives,  xiv., 
[Read  and]  journ^?"°'' 

Resolvd  that  the  Sum  of  fourteen  pounds  twelve  Shillings  &  one  pp.  32,  .50. 
peny  be  allowd  &  paid  out  of  the  publick  Treasury  to  the  Revd  M'  chap',  li.^^^' 
Stephen  Badger  in  full  Discharge  of  his  Account  of  Disburstment 
for  Sarah  Wamjisquam  &  Thankful  Figgins  &  her  Child  to  this  day. 
And  that  for  the  future  the  Selectmen  of  Natick  &  overseers  of  the 
poor  in  said  Town  be  &  hereby  are  required  to  take  due  Care  of  the 
Support  of  Sarah  Wampsquam  untill  this  Court  shall  come  into  some 
suitable  measures  for  the  support  of  all  poor  &  indigent  Indians 
within  this  Province.      [Passed  July  11. 


CHAPTER    18. 

RESOLVE   IMPOWERING   HENRY   WRIGHTINGTON,  ADM^,  TO   SELL    REAL 
ESTATE. 

A  Petition  of  Henry  Wrightington  Admin'  of  the  Estate  of  Legislative 
Samuel  Jenne  late  of  Darthmouth  in  the  County  of  Bristol  de-  coSncif,  °' """ 
ceased    setting  forth    That  the  deceaseds  debts  amount  to  £91.13.10  ''xviii.,  so. 
more  than  his  Personal  Estate.  And  as  the  Superior  Court  for  the  House  .Jour- 

^  Dal,  pp.  55, 6.5. 


384 


Province  Laws  {Resolves,  etc. ) .  —  1769-70.     [Chaps,  lil,  20.] 


Province 
Laws,  11.,  151, 
chap.  10. 


said  County  will  not  sit  'till  October  nest  and  the  Creditors  are  in 
want  of  their  Money  Praying  that  he  may  be  impowered  to  make 
Sale  of  so  much  of  the  Keal  Estate  of  the  said  deceased  as  to  enable 
him  to  discharge  the  said  debts  and  the  Interest  thereon. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that 
the  Petitioner  be  and  hereby  is  impowered  to  make  sale  of  so  much 
of  the  said  deceaseds  Eeal  Estate  as  will  fetch  the  sum  of  Ninety 
seven  pounds  (where  it  can  be  best  spared  and  least  prejudicial  to 
the  remainder)  and  to  make  and  execute  a  good  Deed  or  Deeds  in 
Law  of  the  same  to  the  purchaser;  He  observing  the  Rules  and 
directions  of  the  Law  for  the  Sale  of  Real  Estates  by  Executors  and 
Admin'',  and  giving  caution  to  the  Judge  of  Probate  for  the  County 
of  Bristol  that  the  Money  arising  by  said  Sale  be  applied  for  the 
purposes  mentioned  in  this  Petition.     [^Passed  July  11. 


CHAPTER    19. 


RESOLVE   IMPOWERING  JOB   JENNE,  KDTA'^,  TO   SELL   REAL  ESTATE. 


Legislative 
Records  of  the 
Council, 
xxviii.,  60. 

House  Jour, 
nal,  pp.  55, 65. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Job  Jenne  of  Dartmouth  in  the  County  of  Bristol 
Admin'  de  bonis  non  of  the  Estate  of  Silvanus  Tobey  late  of  said 
Dartmouth  deceased  Setting  forth  That  the  deceased  debts  amount 
to  £90.3.314  more  than  his  Personal  Estate.  And  praying  that  he 
may  be  impowered  to  make  sale  of  the  whole  of  the  said  deceaseds 
Real  Estate  consisting  of  about  twenty  five  Acres  of  Land  in  said 
Dartmouth  to  enable  him  to  discharge  the  said  debts. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  Sale  of  the  Real 
Estate  of  the  said  deceased  for  the  most  it  will  fetch,  and  to  make 
and  execute  a  good  Deed  or  Deeds  in  Law  of  the  same;  he  observ- 
ing the  Rules  of  the  Law  for  the  Sale  of  Real  Estates  by  Executors 
&  admin",  and  giving  caution  to  the  Judge  of  Probate  for  the  County 
of  Bristol  that  the  Money  arising  by  said  Sale  be  applied  for  the 
purposes  mentioned  in  this  Petition.     [Passed  July  11. 


CHAPTER    20, 


ORDER  DIRECTING  THE  SELECTMEN  OF  BOSTON  TO  BUILD  A  HEAD 
WHARF  OR  SEA  WALL  AT  THE  PROVINCE  HOSPITAL  AT  WEST 
BOSTON. 


Leslslatlve 
Records  of  the 
Council, 
xxviii.,  51. 


Archives, 
Ixxxvii.,  374. 
House  Jour- 
nal, pp.  63, 65. 
Ante,  p.  252, 
chap.  57. 


A  Memorial  of  the  Selectmen  of  the  Town  of  Boston  Setting 
forth  That  the  Hospital  at  the  West  part  of  the  said  Town  belong- 
ing to  the  Province  and  placed  under  the  care  of  the  memorialists 
is  out  of  Repair  and  in  danger  of  being  washed  away  by  the  Sea, 
unless  a  piece  of  head  Wharfe  is  erected.  And  praying  the  directions 
of  this  Court  respecting  the  same. 

Read  & 

Ordered  that  the  Selectmen  of  the  Town  of  Boston  be  &  hereby 
are  Directed,  to  Errect  &  build  ahead  wharf  or  Sea  wall  of  Stone 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  385 

against  the  Salt  watter  at  the  Province  hospitall  at  west  Boston  and 
Such  other  Small  repares  as  may  be  thought  needfuU  for  Secureitig 
and  preserving  the  Said  hospitall.  and  lay  thire  Acounts  of  Disburst- 
ments  and  Expences  before  this  Court  as  Soon  as  may  be  for  their 
approbation.     \^Passed  July  11. 


CHAPTER    21. 

RESOLVE   ALLOWING   £60   AND    A    FURTHER    SUM    OF    £16.  .5.  4    TO    ROB^ 
BALLS. 

A  Petition  of  Kobert  Balls  Keeper  of  the  Lighthouse  in  the  Legislative 
Harbour  of  Boston     Setting  forth,  That  on  the  19'"  day  of  Novem-^  coSn^r'*''* 
last  he  compleated  the  tliirty  fifth  year  of  his  Service  in  that  station  xxviii.,  si. 
for  the  last  of  which  he  Jiath  as  yet  received  no  compensation.  And  House  Jour- 
praying  an  allowance  therefor,  and  also  a  reimbursment  of  the  sum  "  "PP"    • 
of  £16.5.4  which  he  advanced  for  thirty  Cords  of  Wood  for  the 
benefit  of  the  Light. 

[Read  and] 

Resolved  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  Robert  Balls  Keeper  of  the  Lighthouse  in  the  Harbour  of 
Boston  the  Sum  of  Sixty  pounds  for  his  Services  for  one  year  end- 
ing the  IQ^^  day  of  November  1768  and  the  further  Sum  of  Sixteen 
pounds  five  shillings  and  four  pence  for  thirty  Cord  of  Wood  ex- 
pended at  said  Light  House.     [Passed  July  11. 


CHAPTER    22. 

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

A  Petition  of  Mary  Merick  of  Concord  in  the  County  of  Middle-  Ref'rd'''^f  th 
sex  Widow  of  Tilly  Merick  late  of  said  Concord  deceased     setting  Council, 

forth    That  the  said  deceased  died  jjossessed  of  four  Rights  of  Land  -'^^^'"•'  ^^- 

in  a  Township  granted  by  the  General  Court  called  Number  five,  ^a°i"pp"29"64 
subject  to  certain  Conditions  of  Settlement    That  the  deceased  left  Province ' 
four  small  Children  which  will  require  no  small  charge  to  bring  up.  cifap^'io;' xvii.. 
And  praying  that  she  may  be  impowered  in  her  capacity  of  Admin'",  243,chap.50. 
to  make  sale  of  part  of  the  said  Lands  to  enable  her  to  bring  for- 
ward the  settlement  of  the  remainder  and  to  maintain  her  said  four 
Children. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted  as  that 
the  Petitioner  be  and  she  hereby  is  fully  authorized  and  impowered 
to  make  sale  of  fifty  Acres  out  of  each  Right  mentioned  in  the  Peti- 
tion for  the  most  the  same  will  fetch,  and  to  execute  a  good  Deed 
or  Deeds  in  the  Law  of  the  same;  she  observing  the  directions  of 
the  Law  for  the  sale  of  Real  Estates  by  Executors  and  Administra- 
tors, and  giving  caution  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  that  the  Monies  arising  by  the  said  Sale  be  applied  to  the 
purposes  mentioned  in  the  Petition.     \^Passed  July  11. 


386 


Pkovince  Laws  {Resolves,  etc.).  — 1769-70.     [Chaps.  23-25.] 


Legislative 
Records  of  the 
Council, 
xxviii.,  52. 

House  Jour- 
nal, p.  28  (1768). 


CHAPTER    23. 

RESOLVE    ALLOWING    £22. 7.  9J    TO    THE    COM™^    FOR    VIEWING    THE 
COUNTY   OF  BARNSTABLE. 

An  Account  was  presented  by  Edward  Shealie  Esq''  and  M'  Walter 
Spooner  a  Committee  appointed  by  the  House  of  Representatives  in 
June  last  to  view  the  County  of  Barnstable  amounting  to  the  Sum 
of  £23.7.9%  being  for  their  time  and  expences  in  that  service. 

[Read  and] 

Resolved  that  the  foregoing  Account  being  well  vouched  be 
allowed,  and  that  the  Sum  of  Twenty  two  pounds,  seven  shillings 
and  nine  pence  half  penny  be  allowed  and  paid  out  of  the  public 
Treasury  to  Edward  Sheatfe  Esq'  and  M'  Walter  Spooner  in  pro- 
portion to  their  several  Accounts  as  above  exhibited.'  \_Passed 
July  11. 


CHAPTER    24. 

RESOLVE   ALLOWING  FURTHER  TIME  TO    THE    HEIRS    OF    PELEG    WIS- 
WALL   TO   LAY   OUT   A  TRACT   OF   LAND. 

Legislative ^^^       A  PETITION  of  Daniel  Wiswall  and  John  Wiswall  Sons  of  Peleg 
council,  Wiswall  late  of  Boston  Gentleman  deceased     Setting  forth     That 

xxviii.,  52. their  said  Father  having  conveyed  to  them  by  Deed  all  his  Right 

?ai"pp."39!'6o,     ^'^'1  Title  to  five  hundred  Acres  of  Land  granted  to  him  by  the  Gen- 
51- '^™<«.'    '     eral  Court  in  June  1765  they  have  caused  the  same  to  be  laid  out 
p!  382|  chap,  le!  between  New  Gloucester  and  the  Pejepscot  Claim,  according  to  the 
Plan  exhibited.  And  praying  the  confirmation  of  this  Court. 

Whereas  a  Grant  was  made  by  the  General  Court  to  Peleg  Wis- 
wall and  a  Plan  returned  to  this  Session :  and  whereas  said  Plan  was 
laid  out  on  Land  laid  out  before  to  Ebenezer  Hartshorn  Therefore 
Resolved  that  twelve  Months  further  be  allowed  to  the  Heirs  of 
Peleg  Wiswall  aforesaid  to  lay  out  the  Grant  aforesaid  and  return 
a  plan  of  the  same  under  the  hand  of  a  Surveyor  and  Chainmen 
under  Oath  for  the  acceptance  of  this  Court.     [Passed  July  11. 


CHAPTER    25 


RESOLVE  CONFIRMING  A  GRANT  OF  A  TOWNSHIP  TO  JOSIAH  RICHARD- 
SON  AND   OTHERS. 


Legislative 
Records  of  the 
Council, 
xxviii.,  53. 
Maps  and 
Plans,  Mis., 
xxxv.,9. 

House  Jour- 
nal, pp.  41, 61, 
62.     AntCy 
p.  344,  chap.  26. 


A  Plan  of  a  Township  of  the  contents  of  six  Miles  and  three 
quarters  square  granted  to  Josiah  Richardson  and  others  the  9"" 
day  of  June  1768  was  laid  before  the  Court:  whereupon  the  follow- 
ing Order  passed  viz' 

Resolved  that  the  within  Plan  of  a  Township  of  the  Contents  of 
Six  miles  and  three  Quarters  Square,  Granted  to  Josiah  Richardson 
and  others  mentioned  in  their  petition  whose  Ancestors  were  in  the 
Expedition  against  Canada  in  1690  bounded  as  follows  Viz'  begin- 
ning at  a  heap  of  Stones,  one  mile  and  a  Quarter  Northward  of 

'  Final  action  not  found  in  the  House  Journal. 


[1st  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1769-70.  387 

Androscoggin  River  thence  running  South  20  Degrees  East,  Cross- 
ing said  River  by  a  Whitewood  Tree,  near  the  mouth  of  a  brook, 
known  by  tlie  name  of  Hacket's  brook  four  miles  and  a  half,  thence 
north  70  Degrees  East  nine  miles,  thence  north  30'  Degrees '  West 
four  miles  &  an  half  Crossing  said  River,  thence  west  3  Deg'  South 
four  miles;  thence  west  35  Deg*  South  five  miles  &  One  hundred  & 
twenty  rods,  to  the  Corner  first  mentioned ;  be  accejited  and  hereby 
is  Confirmed  unto  the  aforesaid  Petitioners  their  heirs  &  assigns  for- 
ever, they  complying  with  the  following  Conditions  Viz'  the  Grantees 
within  Six  years  Settle  Seventy  nine  families  in  said  Township, 
build  a  house  fit  for  Public  Worship  and  Settle  a  learned  Protestant 
Minister  and  lay  out  one  Eighty  third  part  for  the  first  Settled  min- 
ister One  Eighty  third  part  for  the  use  of  tlie  Ministry  one  Eighty 
third  part  for  the  use  of  a  School  in  said  Town  and  One  Eighty 
third  part  for  the  use  of  Harvard  College  forever.  Provided  the 
same  doth  not  exceed  the  Quantity  of  Six  miles  and  three  Quarters 
Square  (being  twenty  nine  thousand  One  hundred  and  Sixty  Acres) 
Exclusive  of  Seven  hundred  &  twenty  Acres,  Allowance  for  that 
part  of  Androscoggin  River  in  said  Township  nor  interfere  with 
any  former  Grant,  One  rod  in  thirty  being  allowed  for  Sag  of  Chain 
and  no  more.     \^Passed  July  12. 


CHAPTER    26. 

RESOLVE   ABATING   £41.  6.  8   TO  SAM"-  WILLIAMS. 

A  Petition  of  Samuel  Williams  praying  an  abatement  of  part  of  g^^'^.'^^^Pfu 
a  Judgment  of  Court  obtained  against  him  by  the  Collector  of  Ex-  Couii<-,ii, 
cise  for  the  County  of  Suffolk  for  the  Sum  of  £61.6.8.  '''^""-  ^-     . 

Read  and  ssrrp:^™:2o« 

Resolved  That  the  prayer  of  the  Petition  be  so  far  granted  as  (March,  nns) ; 
that  the  Petitioner  be  and  he  hereby  is  abated  the  Sum  of  forty  Sn(e,'p.  325, 
one  pounds,  six  shillings  and  eight  pence  lawful  money  part  of  the  "'"'p-  ^^*' 
within  sum  of  Sixty  one  pounds,  six  shillings  and  eight  pence,  and 
that  he  pay  only  the  remaining  sum  of  Twenty  pounds  lawful  money 
and  Costs  of  Court  in  full  satisfaction  of  the  Judgment  within  men- 
tioned.    [Passed  July  13. 


CHAPTBE    27. 

RESOLVE  REFERRING  CONSIDERATION  OF  A  BILL  IN  REGARD  TO  MIN- 
ISTERIAL TAXES  AND  ORDER  FORBIDING  THE  COLLECTION  OF  TAXES 
IN   THE   MEANTIME. 

A  Bill  intituled  "An  Act  to  impower  the  Inhabitants  of  the  LegiBiativc 

Town  of  Newbury  Port  belonging  to  the  several  Religious  Societies  counrif,  "*■ ' 

within  the  same  to  raise  money  for  defreying  ministerial  and  other  fi^g"'''  '''■''• 

incidental  and  necessary  charges"     having  been  Read  in  the  House  Areiiives, xiv., 

of  Representatives  the  following  Order  passed  in  consequence  thereof  ^ 

^^2  ArcliiveB,  xiv.. 

Resolved  that  the  further  consideration  of  the  Bill,  to  impower  lative^Records 

the  Inhabitants  of  Newbury-Port  to  raise  Money,  for  defreying  Miu-  of  thecouncu, 

'  Sic. 


388 


Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chaps.  28-31.] 


xxvi.,  296;        isterial  and  other  incidental  charges  in  said  Town,  be  refered  to  the 
203,321,339,   _  noxt  bessions  01  this  Court ;  And  further 

iffisf^'House'''       Ordered  that  in  the  mean  Time  no  Taxes  for  the  support  of  the 

37"6™66  67' *^'  ^i'^i^'^'T  01'  Other  incidental  charges,  in  the  first  Parish  in  Newbury, 

Province  shall  be  laid  or  assessed  upon  any  Person  or  Persons,  belonging  either 

ch*ap!'i3.''    '      to  the  Town  of  Newbury  or  Newbury-Port,  who  have  petitions  now 

depending  in  this  Court,  praying  for  relief  in  the  premisses,  until 

the  same  petitions  shall  be  passed  upon  in  this  Court,  unless  by 

mutual  consent  and  agreement  of  the  Parties.     [Passed  July  12. 


CHAPTEK    28 


Legislative 
Records  of  the 
CoancU, 
xxviii.,  58. 
Mass. 
Archives, 
xliv.,  678. 

Hoase  Jonr- 
nal,  p.  66. 


RESOLVE   GRANTING   £800   TO   THE   JUSTICES. 

Eesoh'ed,  That  the  Sum  of  Eight  hundred  pounds  be  granted  and 
paid  out  of  the  publick  Treasury  to  the  honorable  Justices  of  the 
Superior  Court  of  Judicatiire  Court  of  Assize  and  General  Goal 
Delivery,  for  their  Services  for  one  Year  ending  the  first  day  of 
January  last.     [Passed  July  12. 


CHAPTEE    29. 

RESOLVE   ALLOWING   £50  TO   THE   SECRETARY. 


Legislative  Resolved  That  the  Sum  of  Fifty  pounds  be  granted  and  allowed 

Records  01  the    ,,  .^         ,,.,1  ii-rTi  ,i        iH.i  /-\t 

Councu,  to  be  paid  out  of  the  public  Treasury  to  the  hon"'^  Andrew  Oliver 

xxviii.,  58. -ggqr  Secretary  of  this  Province  for  his  services  for  one  year  ending 

^a°iT63°"''"      the  sixth  day  of  Decern'  last.     [Passed  July  12. 


CHAPTEK    30, 


Legialative 
Records  of  the 
Council, 


House  Jour- 
nal, p.  53. 
Supra^  chap. 


RESOLVE   ALLOWING   £90   ADDITIONAL   TO   THE    SECRETARY. 

Resolved,  That  the  Sum  of  Ninety  pounds  be  granted  and  allowed 
to  be  paid  out  of  the  publick  Treasury,  to  the  honorable  Andrew 
Oliver,  Esq'  Secretary  of  this  Province,  in  Consideration  of  his  ex- 
traordinary Service  to  the  Sixth  Day  of  December  last.  [Passed 
July  12. 


CHAPTEK    31 


Legiehitlve 
Records  of  the 
Council, 
xxviii.,  58. 
Mass. 

Archives,  civ., 
561. 

House  Jour- 
nal, p.  54. 


RESOLVE   ALLOWING   £267   TO   THE   TREASURER. 

Resolved.,  That  the  Sum  of  Two  hundred  and  Sixty  Seven  pounds 
be  granted  and  allowed  to  be  paid  out  of  the  publick  Treasury,  to 
the  honorable  Harrison  Gray,  Esq'  Treasurer  and  Receiver  General 
of  his  Majesty's  Revenues  of  this  Province,  for  one  year's  Service, 
ending  the  Twenty  Third  Day  of  December  last.     [Passed  July  12. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  389 


CHAPTEE    32. 

RESOLVE   ALLOWING    £200   TO   THE   COMMISSARY   GENERAL.  Legislative 

Kecorfis  of  the 
Council, 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  J^^^"'- ^*- 
publick  Treasury  to  the  honorable  Thomas  Hubbard,  Esq''  Commis-  Archives, i., 
sary-General,  the  Sum  of  Two  hundred  pounds  for  one  Year's  Ser-  ^^^' 


vice,  ending  the  Eleventh  Day  of  January  last.      [Passed  July  12.    ^^""p^  ^';'^: 


CHAPTEE    33. 

RESOLVE   ALLOWING   4/   PER  DIEM   TO   THE   SPEAKER  OF    THE    HOUSE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  g'^f'^'c?"^?  ti 
the  publick  Treasury  the  Sum  of  Four  Shillings  per  Diem  to  the  council, 
honorable  Thomas  Gushing,  Esq'  Speaker  of  the  House,  for  every  jja™''  ^^' 
Day  of  his  Attendance  in  the  General  Court,  from  the  opening  of  Archives,  i., 
the  Session,  on  the  Twenty  fifth  Day  of  May  to  the  Thirtyeth  of  — ^ — ; 

T  -1^,'c:         r  r>  J    T    1      i,n  House  Jour- 

June  1  ibb.     [Fassed  July  12.  nai,p.54. 


CHAPTEE    34. 

RESOLVE   GRANTING   £60   TO   THE   CLERK   OF   THE   HOUSE.  Legislative 

Records  of  the 
Council, 

Resolved  that  there  be  granted  and  paid  out  of  the  Public  Treas-  J.^'f"'- sa- 
ury the  Sum  of  Sixty  pounds  to  M''  Samuel  Adams  for  his  Services  Archives,  i.. 


ordinary  and  Extraordinary  as  Clerk  to  the  House  of  Eepresenta- 

tives  the  last  year.     [Passed  July  12.  ^°\'Vv.: 


nal,pi).55, 65, 


CHAPTEE    35 


RESOLVE  ALLOWING  £100  TO  THE   DOORKEEPER.  Legislative 

Records  of  the 
Council, 

Resolved  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  xxviii.,  59. 
ury  the  Sum  of  One  hundred  pounds  to  M'  William  Baker  Door-  House  Jour- 
keeper  to  his  Excellency  the  Governor  and  this  Court  for  his  service  66.  '*''''    '    ' 
for  one  year  to  be  paid  Quarterly.     [Passed  July  12. 


CHAPTEE    36. 

RESOLVE   ALLOWING   £50  TO  THE  LIEUTENANT  OF  CASTLE   WILLIAM. 

Resolved  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  Legislative 
ury  the  sum  of  Fifty  pounds  to  John  Phillips  Esq'  Lieutenant  of  coiMcif "' ""^ 
his  majesty's  Garrison  at  Castle  William  in  consideration  of  his  xxvm.,'69. 
faithful  discharge  of  that  trust  ending  the  twenty  sixth  day  of  House  Jour- 
January  last.     [Passed  July  12.  nai,p.64. 


390 


Pbovince  Laws  {Resolves,  etc.).  — 1769-70.     [Chaps.  37-40.] 


CHAPTEE    37. 


Legislative 
Kecords  of  the 
Council, 
xxviii.,  59. 
Mass. 

Archives,  xiv., 
554. 

House  Jour- 
nal, p.  54. 


RESOLVE   ALLOWING   £40  TO   CHAPLAINS  OF  CASTLE   WILLIAM. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury, to  the  Chaplains  who  officiated  at  Castle-William,  (to  each  in 
Proportion  to  the  Time  he  has  officiated)  the  Sum  of  Forty  pounds 
in  Consideration  of  their  faithful  Discharge  of  their  Trust,  for  one 
year  Ending  the  25  day  of  January  last.      [Passed  July  12. 


CHAPTEE    38. 

RESOLVE  ALLOWING   £6  TO   THE   CHAPLAIN   OF  THE  TWO   HOUSES. 

Records'of  the       Resolved  That  there  be  allowed  and  paid  out  of  the  public  Treas- 
councu,  ury  the  sum  of  Six  pounds  to  the  Rev''  Doctor  Samuel  Cooper  Chap- 

~ — '■ lain  to  the  hon'''*  Board  and  the  hon'''*  House  of  Eepresentatives 

nai^p^M.""      the  last  year.     [Passed  July  12. 


Legislative 
Kecords  of  the 
Couucil, 
xxviii.,  60. 
Mass. 
Archives, 
Iviil.,  578«. 

House  Jour- 
nal, p.  53. 


CHAPTEE    39. 

RESOLVE   ALLOWING   £200  TO    THE    EXECUTORS    OF    THE    LATE    PRESI- 
DENT  OF   HARVARD  COLLEGE   FOR   HIS   HEIRS. 

Resolved  that  the  Sum  of  Two  hundred  pounds  be  granted  & 
allowed  to  be  paid  out  of  the  Public  Treasury  to  the  Executors  of 
the  last  will  of  the  Reverend  M'  Edward  Holyoke  late  President  of 
Harvard  Colledge  in  Cambridge  Deceased,  over  &  above  the  Rents 
of  Massachusetts  Hall,  for  his  Services  for  Nine  months  Ending 
the  10  June  last,  for  the  use  of  the  Heirs  of  said  Edward  Holyoke. 
[Passed  July  12. 


CHAPTEE    40, 


Legislative 

Records  of  the 

Council, 

xxvill.,60. 

Mass. 

Archives, 

Iviii.,  579. 

House  .Jour- 
nal, p.  54. 


RESOLVE    ALLOWING    £100    TO    THE    PROFESSOR    OF    MATHEMATICS    AT 
HARVARD    COLLEGE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury,  to  John  Winthrop,  Esq'  Hollisian  Professor  of  the 
Mathematicks  and  natural  Philosophy  at  Harvard-College  in  Cam- 
bridge, the  Sum  of  One  hundred  pounds  as  a  Gratuity,  in  Consid- 
eration of  his  faithful  Discharge  of  the  great  and  important  Trust 
reposed  in  him,  for  one  year.  Ending  the  Thirteenth  day  of  Jan- 
uary last.     [Passed  July  12. 


I 


[1st  Sess.]     Province  hAvts  {Benolves,  etc.).  — 1769-70.  391 


CHAPTEK    41. 

RESOLVE    ALLOWING    £100   TO    THE    PROFESSOR   OF   DIVINITY   AT    HAR- 
VARD  COLLEGE. 

Resolved,  That  there  be  granted  and  allowed  to  oe  paid  out  of  the  Legislative 
publick  Treasury,  to  M' Edward  Wigglesworth,  Hollisian-Professor  councu, ''* '"^ 
of  Divinity  at  Harvard-College  in  Cambridge,  the  Sum  of  One  hun-  ^^gg"''^"' 
dred  pounds  as  a  Gratuity  in  Consideration  of  his  faithful  Discharge  Archives, 

of  the  great  and  important  Trust  reposed  in  him,  for  one  year  End-  ^''"'■-  ^'^'- 

ing  the  Twenty  fifth  day  of  January  last.      [Passed  July  12.  na'iTM.'"'" 


CHAPTEK    42. 

RESOLVE  ALLOWING  £30  TO  THE  PROFESSOR  OF  HEBREW  AT  HARVARD  Legislative 

COLLEGE.  CoSncIf,"*''''^ 

xxviil.,60. 

Resolved  That  there  be  granted  &  allowed  to  be  paid  out  of  the  Archives, 
Public  Treasury  the  Sum  of  Thirty  Pounds  to  M'  Stephen  Sewall  ''''"•■  s^e.' 
Professor  of  the  Hebrew  &  other  Oriental  Languages  at  Harvard  House  Jour. 


Colledge  as  a  Gratuity  in  Consideration  of  his  faithful  Discharge 
of  that  Important  Trust  the  last  year.      [Passed  July  12.^ 


nal,  p.  54. 


CHAPTEE    43. 

RESOLVE  ALLOWING   £100  TO   AND''  OLIVER,  ESQ=>  SECRETARY. 

A  Petition  of  Andrew  Oliver  Esq'  Secretary  of  the  Province    Set-  Legislative 
ting  forth    That  as  the  General  Court  had  for  divers  years  past  made  councif," 
a  Grant  to  the  Petitioner  to  enable  him  to  procure  assistance  in  his  Maes"''  ^^' 
Office:  and  as  such  Grant  has  never  been  less  than  One  hundred  Archives,!., 

pounds  lawful  money  for  the  year,  he  did  the  last  Winter  (at  the  — '- 

usual  time  of  making  the  Grants)  pay  the  Sum  of  One  hundred  Archives,!., 
pounds  to  his  Deputy  for  his  assistance  in  the  Office.   And  praying  fJum^S* "^p  g2 
that  this  Court  would  order  him  a  reimbursment  of  the  said  Sum,  63,64.    ' 
and  make  him  such  further  Grant  for  the  purpose  aforesaid  as  shall 
be  judged  equitable. 

Read  & 

Resolved  t\\a,t  the  Sum  of  One  hundred  pounds  be  allowed  &  paid 
out  of  the  Publick  Treasury  to  the  Honourable  Andrew  Oliver  Esq' 
Secretary  to  this  Province  to  Enable  him  to  pay  for  Assistance  in 
his  Office  for  one  year  Ending  the  Sixth  Day  of  December  last. 
[Passed  July  I'Z. 

^  Tlie  date  given  in  Mass.  Arcliives,  as  final,  in  Council,  is  June  12,  whicli  is  evidently 
a  mistake,  as  the  order  gives  tlie  date  of  its  liaving  passed  the  House  on  July  6. 


392 


Province  Laws  {Resolves,  etc.) .  — 1769-70.     [Chaps.  44-46.] 


CHAPTER    44. 


Legislative 
Records  of  the 
Council, 
xxviii.,  6-J. 

Legislative 
Records  of  the 
Council, 
xxvil.,  325. 
House  Jour- 
nal, pp.  37,  40, 
71.    Ante, 
p.  377,  chap.  5. 


ORDER   ALLOWING    £6.  8.  7    TO    THE    COM™"^    FOR    SETTLING    THE    LINE 
BETWEEN   SUTTON   &   UXBRIDGE. 

Ordered  That  there  be  paid  out  of  the  Public  Treasury  to  Samuel 
Dexter  Esq'  and  others  a  Committee  appointed  by  the  General  Court 
to  view  &  settle  the  Line  between  the  Towns  of  Sutton  and  Uxbridge, 
the  Sum  of  Six  pounds,  eight  shillings  and  seven  pence  in  full  dis- 
charge of  their  respective  Accounts,  and  that  the  same  sum  be  added 
to  the  Tax  of  the  Town  of  Uxbridge  in  the  next  years  Tax  Act  agre- 
able  to  the  Order  of  this  Court  tlie  present  Session.     [Passed  July  13. 


CHAPTER    45 


RESOLVE   WITH   NOTICE    AND   STAY   OF   EXECUTION    ON    THE    PETITION 
OF   KATH*  WHEELER   IN   REGARD   TO   AN   ACTION. 


Legislative 
Records  of  the 
Council, 


House  Jour- 
nal, pp.  69, 
71,  bis. 


A  Petition  of  Katharine  Wheeler  of  Concord  in  the  County  of 
Middlesex  Spinster  Setting  forth,  That  Joseph  Brightman  of  Bos- 
ton Merchant  brought  his  Action  against  her  as  Agent  or  Trustee 
of  John  Gould  juu'  late  of  said  Boston  merch'  deceased,  and  recov- 
ered Judgment  against  her  in  the  Inferior  Court  held  at  Concord 
for  the  said  County  of  Middlesex  in  Septem''  last  for  Twelve  pounds, 
eighteen  shillings  and  one  penny  damages  and  £3.16.11  costs  of 
Court,  when  in  fact  she  was  not  indebted  to  the  said  Gould  in  the 
sum  of  Three  pounds.  And  inasmuch  as  the  said  Judgment  was 
obtained  against  the  Petitioner  in  her  absence  from  home  and  con- 
trary to  the  agreement  of  the  said  Brightman,  Praying  that  she  may 
be  impowered  to  make  a  defence  in  said  Action  in  the  same  manner 
as  she  might  have  done  had  she  not  been  absent.  And  that  Execu- 
tion may  be  staid  in  the  mean  time. 

[Read  and] 

Resolved  That  the  prayer  of  the  within  Petition  be  so  far  granted 
as  that  the  Petitioner  serve  the  adverse  party  with  a  Copy  of  tliis 
Petition  that  he  shew  cause,  if  any  he  hath,  on  the  second  Tuesday 
of  the  next  sitting  of  the  General  Court  why  the  prayer  thereof 
should  not  be  granted,  and  that  the  Execution  in  said  Petition  men- 
tioned be  staid  in  the  meantime ;  the  Petitioner  giving  security  to 
respond  tlie  Judgment  that  may  finally  be  obtained  against  her  in 
the  suit  in  said  Petition  mentioned.      [Passed  July  13. 


CHAPTER    46. 


RESOLVE    ALLOWING    £95    TO    H.    YOUNG    BROWN    AND    APPOINTING    A 
COMMITTEE  TO   REPORT  ON   CERTAIN  LANDS. 


Re^rdf'f  th  ^^  *^®  House  of  Representatives. 

Council,  Resolved  That  the  Petitioner  Henry  Young  Brown  be  allowed  and 

xxviii.,  63. pg^-jj  Q^j^  ^j£  |.j-|g  Province  Treasury  the  Sum  of  Ninety  five  pounds 

nai"pp.'27ys8,     ^^  ful^  discharge  of  his  Account  and  all  expences  and  charges  of 


[1st  Sess.]     Province  TuAws  (Besolves,  etc.) .  —  1769-70.  393 

Courts  which  have  arose  in  his  prosecuting  the  Orders  of  the  Gen-  39, 40, 45,  ei,  cb, 
eral  Court  in  June  1766  as  mentioned  in  his  Petition,  and  that  he  I'.'m.'cbap.x,; 
proceed  no  further  in  the  Law  at  the  expence  of  this  Province  until  p^^202,  chap, 
the  Line  between  this  Province  and  the  Province  of  New  Hampshire 
shall  be  fully  settled  and  determined  and  until  the  further  Order  of 
this  Court,  and  that  M'  Humphrey  Hobson  and  Solomon  Lombard 
Esq'  with  such  as  the  hon*"'"  Board  shall  join  be  a  Committee  to  pro- 
ceed to  Pigwacket  at  the  Petitioners  expence,  and  make  a  particular 
examination  of  what  hath  been  done  by  him  and  those  settled  under 
him  on  the  Land  which  is  in  dispute  between  Warren's  Line  and 
Bryant's  Line,  and  also  examine  the  Resolves,  Orders  and  directions 
of  the  General  Court  respecting  their  Grant  &c  to  the  Petitioner, 
and  also  to  make  a  particular  enquiry  whether  it  was  not  evident 
at  the  time  of  the  Grant  of  the  above  mentioned  Land  that  it  did 
interfere  with  any  former  Gratit :  The  Committee  to  draw  up  a  proper 
state  of  the  whole  affair  that  truth  may  appear,  and  report  their 
opinion  at  the  next  sitting  of  the  Court  what  is  necessary  for  this 
Court  to  do  in  order  that  justice  may  be  done  both  to  the  Govern- 
ment and  the  Petitioner,  and  that  he  be  allowed  to  take  a  Survey 
of  so  much  of  the  unappropriated  Land  of  this  Province  to  the 
Eastward  of  Saco  River  as  the  abovementioned  Committee  shall 
direct,  and  make  out  a  Plan  of  the  same  to  be  returned  to  the  Gen- 
eral Court  for  them  to  act  upon  as  they  shall  think  proper;  such 
Survey  to  be  taken  by  a  Surveyor  and  Chainmen  under  Oath. 

In  Council,   Read  and   Concurred,  and  Jeremy  Powell  Esq'  is 
joined  in  the  affair.      [Passed  Jtily  13. 


CHAPTER    47. 

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

The  FOLLOWING  Order  passed  on  the  Account  of  James  Russell  Rgforlf^fj 
Esq'  Treasurer  of  the  County  of  Middlesex  which  was  laid  before  council, 
the  Court  for  allowance  viz'  xxviu.,  64. 


Resolved  That  the  within  Account  being  right  cast  and  well  nai"pp"2°"7o 
vouched  be  allowed,  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  Three  hundred  and  sixteen  pounds  three  shillings  and  three 
pence  two  fartliings  which  he  has  paid  by  order  of  the  Court  of 
Sessions  including  his  own  Commissions,  and  that  a  balance  remains 
in  his  hands  of  One  hundred  eleven  pounds,  three  shillings,  seven 
pence  and  one  farthing  which  he  is  still  to  account  for.  [Passed 
July  IS. 


CHAPTER    48. 

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

The  FOLLOWING  Order  passed  on  the  Account  of  John  Chandler  Legislative 
Esq'  Treasurer  of  the  County  of  Worcester  which  was  laid  before  coSncU^  °' ""^ 
the  Court  for  allowance  viz'  xxYiii.,'65. 

Resolved  That  the  said  Treasurer  be  discharged  of  the  Sum  of  House  Jour- 
Three  hundred  ninety  three  pounds  nineteen  shillings  and  nine  "^'-w-^'^i- 


394 


Province  Laws  {h'eaolce.s,  etc. ) .  — 1769-70.     [Chaps.  49,  50.] 


pence  which  lie  lias  paid  by  order  of  the  Court  of  General  Sessions 
of  the  peace  including  his  own  Commissions  and  the  Taxes  laid  on 
the  Town  of  Woodstock  for  the  year  1768,  and  that  he  be  further 
accountable  for  the  Sum  of  Two  hundred  twenty  two  pounds  nine 
shillings,  eight  pence  and  three  farthings  now  outstanding,  and 
also  for  the  Tax  laid  on  the  Town  of  Woodstock  when  he  shall 
receive  the  same.      [Paxsed  July  IS. 


Legislative 
Records  of  the 
Council, 
xxviii.,  65. 

House  Jour- 
nal, pp.  3tj,  71. 


CHAPTER    49 


RESOLVE  IMPOWERING   CHA^   DABNEY,  GUARDLAN,  TO  SELL  A  CERTAIN 
EQUITY   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Charles  Dabney  of  Boston  Merch'  for  himself  and 
as  Guardian  of  his  two  Brothers  Nathaniel  Dabney  and  John  Dab- 
ney minors.  Children  and  Heirs  of  Charles  Dabney  late  of  Boston 
Staymaker  deceased  Setting  forth  That  their  said  Father  in  his 
life  time  mortgaged  his  Dwelling  House  situate  in  Long  Lane  in 
said  Boston  for  One  hundred  pounds  lawful  Money  (a  Sum  far  short 
of  its  real  value)  which  has  since  his  decease  been  put  in  suit  and 
possession  thereof  taken  by  James  Smith  Esq'  the  mortgagee.  And 
as  the  term  or  right  of  redemption  is  now  nearly  expired  and  the 
Petitioner  and  his  said  Wards  in  danger  of  being  foreclosed.  Pray- 
ing that  he  may  be  impowered  to  make  sale  of  the  said  Tenement 
or  dwelling  House  in  order  to  discharge  the  said  mortgage;  The 
Widow,  now  the  Wife  of  Doctor  Eleazer  Harlow  who  has  a  right 
of  Dower  therein,  and  the  said  Eleazer  having  signified  their  Con- 
sent thereto. 

[Read  and] 

Resolved  That  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Petitioner  be  and  he  is  hereby  impowered  to  make  sale  of  his 
and  the  said  Nathaniel  and  John  Dabney's  Right  or  equity  of  re- 
demption in  the  Tenement  mentioned  in  said  Petition  for  the  most 
the  same  will  fetch,  and  to  make  and  execute  a  good  Deed  or  deeds 
of  the  same  to  the  purchaser  or  purchasers,  and  that  the  purchaser 
or  purchasers  have  the  same  and  as  full  and  ample  right  and  power 
of  redeeming  the  same  Tenement  as  the  Petitioner  and  the  said 
Nathaniel  and  John  now  hath ;  the  Petitioner  giving  sufficient  secu- 
rity to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  the  pro- 
ceeds of  said  Sale  be  divided  among  the  Heirs  according  to  Law. 
[Passed  July  IS 


CHAPTER    50, 


RESOLVE  ALLOWING   THE   ACCOUNT   OF   THE   TREASURER   OF    SUFFOLK 
COUNTY. 


Legislative 
Records  of  the 
Council, 
xxviii.,  66. 

House  Jour- 
nal, pp.  28, 70. 


The  following  Order  passed  on  the  Account  of  Joshua  Hen- 
shaw  Esq'  Treasurer  of  the  County  of  Suilolk,  which  was  laid  before 
the  Court  for  allowance  viz' 

Resolved  That  the  within  Account  being  right  cast  and  well 
vouched  be  allowed,  and  that  the  Treasurer  be  discharged  of  the 
Sum  of  One  thousand  five  hundred  forty  pounds,  eleven  shillings 


[1st  Sess.]     Province  Laws  (i^ewZve*-,  "e^c).  —  17(59-70.  395 

three  pence  and  two  farthings  which  he  has  paid  by  order  of  the 
Sessions  including  his  own  Commissions  and  that  a  balance  remains 
in  his  hands  of  Fifty  pounds,  ten  shillings  nine  pence  and  one  far- 
thing, and  also  outstanding  debts  the  sum  of  Three  thousand  four 
hundred  one  pounds,  one  shilling  three  pence  and  two  farthings 
which  the  said  Treasurer  is  still  to  account  for  when  he  shall  receive 
the  same.      [Passed  July  IS. 


CHAPTEK    51. 

RESOLVE   ALLOWING  THE   ACCOUNT   OF   THE    TREASURER    OF    BRISTOL 
COUNTY. 

The  following  Order  passed  on  the  Account  of  Robert  Lus-  Legislative 
combe  Esq''  late  Treasurer  of  the  County  of  Bristol    which  was  laid  councu  "**''* 
before  the  Court  for  allowance  viz'  xxYiii.,'67. 

Resolved  That  the  within  Account  being  right  cast  and  well  House  Jour- 
vonched  (except  a  mistake  in  voucher  N°  16  of  four  shillings  and  "a'. pp- 28, 43. 
8'')  be  allowed,  and  that  there  is  a  balance  due  to  the  said  Treasurer 
of  the  Sum  of  Fifty  two  jjounds,  seventeen  shillings  and  eleven 
pence  half  penny  which  he  is  to  receive  out  of  the  outstanding 
Money  due  from  several  Towns  to  the  said  County,  the  whole  of 
the  outstanding  Money  being  One  hundred  and  four  pounds  two 
shillings  and  ten  pence,  and  the  remainder  of  the  outstanding 
money  being  Fifty  one  pounds,  four  shillings  and  eleven  pence 
half  penny  the  present  Treasurer  George  Godfrey  Esq'  is  to  account 
for  when  he  receives  the  same.     [Passed  July  IS. 


CHAPTER    52. 

ORDER  DIVIDING  THE   SOUTH   PRECINCT   OF   READING   INTO   TWO   PRE- 
CINCTS, ETC. 

Read  and  Legislative 

Ordered,  That  the  South  Precinct  in  Reading  be  and  hereby  is  council, 
divided  into  two  Precincts  in  the  following  manner  and  by  the  fol-  '^^'""•'  ^^' 
lowing  Bounds;  that  is  to  say,  begining  at  Stoneliam  Line  at  a  heaji  Records'otthe 
of  Stones  at  the  Southeasterly  corner  of  Jonathan  Weston's  Home-  Council, 
stead,  from  thence  to  a  white  Oak  Tree  at  the  Southwardly  corner  324yVxviii'.,    ' 
of  Isaac  Burnap's  and  Jabez  Damon's  Pasture  called  Barehill  Pas-  journai^pp^l? 
ture,  from  thence  Eastwardly  as  the  Fence  now  stands  on  the  South-  4o, 48, 49,' 73, 74.' 
wardly  side  of  said  Pasture  'till  it  comes  to  the  Road  near  the  Stone 
Bridge  at  Barehill  Brook  so  called ;  from  thence  Northwardly  on 
the  Road  till  it  comes  to  the  northeastwardly  end  of  the  Causeway 
at  the  three  Bridges  so  called,  from  thence  to  the  Southwestwardly 
corner  of  Lieu'  Jonathan  Pool's  Farm ;  from  thence  on  the  Fence 
on  the  southerly  side  of  said  Pool's  Land  'till  it  comes  to  the  Road 
leading  from  said  Pool's  to  the  Meeting  House ;  from  thence  north- 
east 'till  it  comes  to  Lynn  line ;  excepting  Thomas  Eaton,  Jonathan 
Eaton,  Joshua  Eaton,  Thomas  Eaton  the  tliird  and  Edmund  Eaton 
with  their  Lands  they  are  now  respectively  in  possession  of,  and 
their  other  Estates,  who  altho'  included  in  said  Bounds  shall  remain 


396 


Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chaps.  53,  54.] 


to  the  South  Precinct  to  all  intents  and  purf)oses  whatsoever,  as 
fully  as  if  they  and  their  Lands  aforesaid  lay  South  of  said  Line. 

And  whereas  the  said  Precinct  have  obtained  a  Vote  to  build  a 
meeting  House  and  have  made  two  Taxes,  the  one  for  raising  Four 
hundred  pounds  lawful  money,  the  other  for  Two  hundred  pounds 
like  Money;  which  Assessments  have  been  committed  and  are  now 
in  the  hands  of  the  Constables  to  Collect,  but  the  first  Tax  for  four 
hundred  pounds  only  has  been  paid,  and  that  but  in  part:  It  is 
therefore  further 

Ordered,  That  the  North  part  of  the  said  Precinct  shall  be  and 
hereby  is  exempted  from  paying  any  other  Tax  towards  the  meeting 
House  in  the  South  Precinct,  save  the  first  four  hundred  pounds. 

It  is  further 

Ordered  That  the  cost  arising  by  the  Committee's  going  the  last 
year  to  view  the  South  Precinct  amounting  to  nine  f)ounds,  seven 
shillings  be  paid  by  the  whole  Parish.      \^Passed  July  14.^ 


CHAPTEE    5  3 


Legislative 
Records  of  the 
Council, 
xxvill.,  70. 
Mass. 

Archives,  civ., 
557. 


Archives,  civ., 
656.    House 
Journal,  pp.  7"2, 
73.    Ante, 
p.  388,  chap.  31. 


RESOLVE    ALLOWING    £133    TO    H.    GRAY,  ESQ*. 

A  Petition  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen- 
eral of  the  Province  Setting  forth.  That  over  and  above  the  ordi- 
nary services  and  duties  of  his  Post,  he  has  borrowed  of  sundry 
Persons  £157,000,  for  which  he  gave  Government  securities  That 
he  has  likewise  paid  the  Bounty  on  AVheat  and  Flour  to  several  hun- 
dred persons.  And  with  gratitude  acknowledging  the  Grant  already 
made  him  for  his  common  services.  And  praying  a  further  allowance. 

[Read  and] 

Resolved  that  there  be  allowed  &  paid  out  of  the  Public  Treasury 
the  Sum  of  One  hundred  &  Thirty  three  pounds  to  the  Hon*'"'  Har- 
rison Grey  Esq"'  Treasurer  &  Receiver  General  for  this  Province,  in 
full  for  his  Extraordinary  Services  for  one  year  Ending  the  Twenty 
third  day  of  December  1768.      [Passed  July  14. 


CHAPTEE    54 


Legislative 
Records  of  the 
Council, 
xxvill.,  70. 


House  Jour- 
nal, p.  75. 


RESOLVE    ALLOWING   £6   TO    REV"  M"  APPLETON,  CHAPLAIN. 

In  the  House  of  Representatives 

Resolved  that  there  be  allow'd  &  paid  out  of  the  publick  Treas- 
ury the  Sum  of  Six  pounds  to  The  Rev*  M'  Nathaniel  Appleton 
Chaplain  to  The  Hon*"'^  Board  &  to  this  House  the  present  Session. 

In  Council  Read  &  Concurred.     \^Passed  July  14. 

^  This  date  is  according  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  July  13. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1769-70.  397 


CHAPTEK    55. 

RESOLVE    IMPOWERING    MIRIAM    AND    JOS:    BILLINGS,   EXECUTORS,    TO 
SELL  REAL  ESTATE. 

A  Petition  of  Miriam  Billings  and  Joseph  Billings  Executors  Leiisiative 
of  the  last  Will  and  Testament  of  Ebenezer  Billings  late  of  Milton  g^™ elf,  °' '"* 
in  the  County  of  Suffolk  Husbandman  deceased    Setting  forth    That  xxviii.,'?!. 
the  said  deceased  by  his  Will  gave  his  Real  Estate  to  his  three  Sons  House  Jour, 
in  equal  parts,  they  paying  among  other  Legacies  to  his  daughter  proJlScef' '*' 
Mary  Billings  £66.13.4  when  she  should  arrive  to  the  age  of  eigh-  l-',"',"' ''■•    ,„ 

•'  °rn-,  ,  .i^r  .  n.i  i-.V  p.  151,  Chap.  10. 

teen  years  That  the  said  Mary  is  now  oi  the  age  of  eighteen  years 
and  upwards,  and  the  said  three  Sons  of  the  deceased  are  all  Minors. 
That  the  whole  personal  Estate  not  specifically  bequeathed  is  in- 
sufficient to  pay  the  just  debts,  and  that  no  part  of  the  personal 
Estate  was  bequeathed  to  the  said  Minors.  And  praying  that  they 
may  be  impowered  in  their  said  capacity  to  make  sale  of  so  much 
of  the  said  Testators  Real  Estate  as  to  enable  them  to  discharge  his 
just  debts  and  the  Legacy  aforesaid. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  the  Peti- 
tioners in  their  capacity  be  and  hereby  are  impowered  to  make  sale 
of  so  much  of  the  deceaseds  Real  Estate  as  will  be  sufficient  to  pay 
that  one  Legacy  mentioned  in  this  Petition  to  the  amount  of  Sixty 
six  pounds,  thirteen  shillings,  and  four  pence,  together  with  so 
much  more  of  said  Real  Estate  as  is  sufficient  to  pay  the  said  de- 
ceaseds just  debts  and  charges  arising  by  such  sale  for  the  most  the 
same  will  fetch,  where  it  can  be  best  spared  and  least  prejudicial 
to  the  remainder,  and  to  make  and  execute  a  good  Deed  or  deeds 
in  Law  to  the  purchaser  or  purchasers  of  the  same,  they  observing 
the  rules  rn  the  Law  for  the  sale  of  Real  Estate  by  Executors  and 
Administrators ;  they  giving  caution  to  the  Judge  of  Probate  for 
the  County  of  Suffolk  that  the  Money  arising  by  such  Sale  be  ap- 
plied for  the  purposes  mentioned  in  this  Petition.    [^Passed  July  14. 


CHAPTEK    56. 


RESOLVE  IMPOWERING  ISAAC   HODGES,  ADM",  TO   SELL   REAL    ESTATE. 

A  Petition  of  Isaac  Hodges  Administrator  of  the  Estate  of  Legislative 
Ephraim  Hodges  late  of  Norton  in  the  County  of  Bristol  dec"  Set-  cofmc'if,  "* '"^^ 
ting  forth     That  the  said  deceaseds  personal  Estate  falls  short  of 


paying  his  just  debts  the  Sum  of  £52.13.4.  And  praying  that  he  na'i"^'' "ss^vi 
may  be  impowered  to  make  sale  of  so  much  of  the  said  deceaseds 
Real  Estate  as  to  enable  him  to  pay  the  same  and  the  charges  of 
Sale. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  in  his  capacity  be  and  hereby  is  impowered  to  make  sale 
of  so  much  of  the  deceaseds  Real  Estate  as  will  fetch  the  Sum  of 
Fifty  eight  pounds,  where  it  can  be  best  spared  and  of  the  least 
prejudice  to  the  remainder,  and  to  make  and  execute  a  good  deed 
or  deeds  to  the  purchaser  of  the  same;  He  observing  the  rules  and 


398 


Province  Laws  {Resolves, etc.).  — 1769-70.     [Chaps.  57,  58.] 


directions  of  the  Law  for  the  Sale  of  Eeal  Estates  by  Executors  and 
Administrators,  and  giving  proper  caution  to  the  Judge  of  Probate 
for  the  County  of  Bristol  that  the  proceeds  of  said  sale  be  applied 
to  the  purposes  mentioned  in  this  Petition.      {Passed  July  14. 


CHAPTEE    57 


Legislative 
Kecords  o(  the 
Council, 
xxviii.,  73. 

Legislative 
Records  of  the 
Council, 
xxvii.,  36. 
House 

Journal,  pp.  30, 
31,  75, 76. 
Province 
Laws,  Iv.,  967, 
chap.  8;  v.,  42, 
chap.  15;  64, 
note.    Ante, 
p.  154,  chap.  84; 
p.  336,  chap.  32. 


RESOLVE    REFERRING    THE    PETITION    OF  THE    INHABITANTS  OF   WIN- 
CHENDON  IN   REGARD  TO  TAXES. 

A  Petition  of  the  Inhabitants  of  Winchendon  in  the  County  of 
Worcester  by  their  Agent  Abel  Wilder  Setting  forth.  That  some 
years  ago  the  General  Court  granted  a  Tax  of  four  pence  an  Acre 
on  all  the  divided  Lands  in  the  said  Town,  but  as  there  is  no  Law 
in  being  whereby  they  can  enforce  the  payment  thereof,  Praying 
that  an  Act  may  be  passed  for  that  purpose :  And  also  praying  that 
the  Province  Tax  laid  upon  the  said  Town  for  the  year  1767  (which 
they  are  unable  to  pay  by  means  of  the  great  expence  they  have 
been  at  in  settling  a  minister  and  otherwise)  may  be  remitted. 

[Read  and] 

Resolved  That  the  consideration  of  this  Petition  be  referred  to 
the  next  Session  of  this  Court,  and  that  in  the  mean  time  the  Prov- 
ince Treasurer  be  and  he  hereby  is  directed  not  to  issue  his  Execu- 
tion for  the  Tax  Assessed  upon  the  Town  of  Winchendon  for  the 
year  1767.     {Passed  July  14. 


CHAPTEE    58. 


RESOLVE  CONTINUING  CIVIL  OFFICERS    TO    THE   REMAINDER   OF    THIS 
PRESENT   YEAR. 


Legislative 
Records  of  the 
Council, 
xxviii.,  72. 


Legislative 
Records  of  the 
Council, 
xxvil.,  399. 
House  Jour- 
nal, p.  75. 
Ante,  pp.  295, 
296,  chaps.  150- 
154. 


Whereas  the  great  and  Gen'  Court  of  this  Province  was  disolved 
In  June  1768.  And  No  Other  Assembly  permitted  to  meet,  until! 
this  present  sessions.  By  Reason  Whereof  the  Civil  OflBcers  of  this 
Province  Could  Not  be  Choose  at  the  Usual  Time  of  Choices  And 
Whereas  a  Considerable  part  of  this  Present  Year  is  Elapsed ;  And 
it  would  be  Inconvenient  for  the  Province,  to  Alter  the  Time  of 
Choosing  the  Civil  Officers  aforesaid 

Resolved  That  the  several  Civil  Officers  of  this  Government  who 
were  Choose  by  the  Great  &  Gen'  Court,  or  Assembly  of  this  Prov- 
ince, At  their  sessions  begun  and  held  in  Boston  on  the  31''  Day 
of  December  1767,  Be,  and  they  are  hereby  Continued  in,  and  are 
Directed  to  exercise  their  several  &  respective  Offices  the  remainder 
of  this  Present  Year  to  all  Intents  &  purposes  as  if  the  said  Offi- 
cers were  Choose  at  the  Usual  Time,  and  after  the  Usual  manner. 
{Passed  July  14. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  399 


CHAPTER    59. 

RESOLVE  ALLOWING  DIVERS   AMOUNTS   TO   THE   CLERKS  TO   THE   COM- 
MITTEE  OF   VALUATION. 

Resolved  That  there  be  allowed  and  paid  out  of  the  Public  Treas-  Legislative 
ury  the  following  Sums  hereafter  mentioned  to  the  respective  per-  counclf, °*  ""^ 
sons  imployed  by  tlie  Committee  of  Valuation  to  cast  up  and  foot  xxviii-.TS. 
the  Lists  returned  by  the  several  Towns  in  this  Province  into  the  House  Jour- 
Secretary's  OtHce  the  last  year  viz'  "ju'ne',  nes); 

p.  75. 
To  David  Jeffries  Esq'  for  casting  and  footins  84  sheets  of  Valuation  Rolls 

©91          .         .         .         .         .         . £  3.  3 

To  Sanderson  West  for  casting  &  footing  l-to  sheets  i"  a.X.9^    .         .         .         .  5.  8.  9 

To  Joseph  Carnes  for  casting  &  footing  102  sheets  d^  at  9*^        .         .         .         .  3.  16.  6 

To  Samuel  Downe  for  casting  &  footing  15.")  sheets  d"  at  9''      .         .         .         .  5.  16.  3 

To  Henry  Allen  jun''  for  casting  and  footing  115  sheets  d°  at  9'1        .         .         .  4.  6.  3 

To  John  Furnass  for  casting  &  footing  216  Sheets  at  9'i 8.  2 

To  William  Cooper  for  casting  &  footing  219  Sheets  at   9'"        .         .         .         .  8.  4.  3 

To  Dudsou  Kilcup  for  casting  and  footing  114  sheets  at  9'i       .         .         .         .  4.  5.  6 

To  Abraham  Savage  jun"*  for  casting  and  footing  212  Sheets  at  9**  and  for  I  19  9 

making  the  several  Towns  into  County  Rolls  equivalent  to  120  sheets  at  9''  | 

To  Edward  King  for  casting  and  footing  114  sheets  at  9<i           .         .         .         .  4.  5.  6' 

\^Passed  July  14. 


CHAPTER    60, 


ORDER  WITH  NOTICE  IMPOWERING  THE  COMMITTEE  ON   THE   PETITION 
OF   WILL"  ARMS  TO  SETTLE  THE  MATTER  IN  DISPUTE. 

A  Petition  of  William  Arms  of  Deerfield  in  the  County  of  Hamp-  Legislative 
shire     Setting  forth     That  on  the  25"^  day  of  July  1768  one  John  g^^^^fi^  °*  ""* 

Hinsdell  of  said  Deerfield,  together  with  the  Petitioner  submitted  xx™i.,'74^ 

all  matters  in  controversy  between  them  to  the  determination  of  House  Jour- 
Mess"  Joseph  Root,  Ebenezer  Hunt,  John  Burk,  Nathaniel  Dwight  m.si^m.^^'^' 
and  Fellows  Billing  and  became  bound  to  abide  by  their  Award. 
That  the  said  Arbitrators  having  considered  of  the  several  matters 
to  them  submitted  did  Order,  "  That  the  said  John  Hinsdell  should 
be  released  from  all  demands  of  the  Petitioner  against  him;  except- 
ing from  two  certain  Bonds,  eacli  Conditioned  for  the  payment  of 
One  hundred  and  twenty  pounds."  That  the  said  Bonds  were  not 
conditioned  for  the  payment  of  One  hundred  and  twenty  pounds 
each,  but  that  sum  was  in  fact  the  Penalty  of  each  of  the  said  Bonds; 
by  reason  of  which  mistake  in  the  said  Award  the  Petitioner  is 
wholly  barred  from  recovering  his  just  debts  on  the  aforesaid  Bonds, 
and  can  obtain  no  remedy  at  Common  Law:  And  Praying  relief. 

Read  and 

Ordered  That  the  Gentlemen  to  whom  all  matters  in  controversy 
betwixt  the  Petitioner  and  John  Hinsdell  were  submitted  as  in  said 
Petition  mentioned,  be  and  they  are  hereby  fully  authorized  and 
impowered  at  any  time  within  two  months  from  tlie  date  of  this 
Order  to  revise,  alter  and  amend  any  casual  mistake  made  in  their 
Award  in  pointing  or  describing  certain  Bonds  therein  mentioned. 
And  their  Award  so  altered  and  amended  agreable  to  what  was  the 
true  intent  and  meaning  of  the  Arbitrators  at  the  time  of  mak- 
ing their  Award  shall  be  deemed  and  adjudged  to  be  as  valid  and 

*  The  House  Journal,  p.  75,  reads,  To  Edward  King,  115  Sheets  at  9d  4.  6.  3. 


400 


Province  JjAyts  (liesolves,  etc.).  — 1769-70.     [Chaps.  61,  62.] 


effectual  to  all  iuteuts  &  purposes  aud  as  obligatory  on  the  Parties 
therein  concerned  as  if  the  same  was  made  and  delivered  before  the 
expiration  of  the  time  in  tlie  Bond  of  submission  limited  for  mak- 
ing the  same.  Provided  that  before  any  alteration  or  amendment  be 
made  in  said  Award  tlie  parties  concerned  be  duly  notified  and  have 
opportunity  given  them  to  ofEer  to  the  said  Arbitrators  what  they 
may  think  fit  either  in  opposition  to,  or  in  support  of  the  alteration 
proposed,     [Fussed  July  14. 


CHAPTEE    61 


ORDER    DISCHARGING    A   JUDGMENT   AGAINST    W^    RICE    UPON   PAYING 
COSTS. 


Legislative 
Records  of  tlie 
Council, 
xxviii.,  75. 

House  Jour- 
nal, IJ.  T4. 
Province 
Laws,  iv.,  29, 
chap.  1*2. 


A  Petition  of  William  Rice  of  Sudbury  in  the  County  of  Mid- 
dlesex Setting  forth  That  in  the  year  1760  at  a  Court  of  General 
Sessions  of  the  peace  held  at  Concord  in  the  County  afores"*  he  rec- 
ognized as  a  surety  for  one  William  Briant  of  said  Sudbury  as  an 
Inholder.  That  the  said  Court  afterwards  renewed  the  said  Briant's 
License,  when  in  fact  he  had  not  accounted  with  the  Collector  aud 
paid  the  Excise  due  to  the  Government,  which  he  should  have  done 
before  his  License  could  by  Law  have  been  renewed.  That  the  said 
Briant  hath  since  that  time  taken  the  benefit  of  the  Insolvent  Act 
and  been  discharged  from  the  demands  of  his  Creditors  by  the  Jus- 
tices of  the  Superior  Court,  and  also  from  the  said  Recognizance 
as  principal  in  consequence  of  the  said  Act,  and  thereby  the  Peti- 
tioner is  deprived  of  the  remedy  he  might  otherwise  have  had  against 
the  said  Briant.  That  the  said  Superior  Court  have  determined  like- 
wise that  the  Petitioner  pay  the  one  half  of  the  said  Excise  and  all 
the  Costs  notwithstanding  the  other  surety  was  at  the  same  time 
sued,  for  which  Execution  is  now  out  against  him,  and  which  he 
is  utterly  unable  to  pay.  And  praying  relief. 

Read  and 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  that  the 
Petitioner  be  and  he  is  hereby  discharged  from  the  Judgment  re- 
ferred to  in  the  Petition  on  condition  that  he  the  said  William  Rice 
pay  the  cost  of  Suit.     [Passed  July  14. 


CHAPTEE    62. 


RESOLVE  AND  ORDER  IMPOWERING  EBENEZER  AND  ESTHER  POMROY, 
ADMINISTRATORS,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION 
IN  REGARD  TO  THE   PROCEEDS. 


LegisKative 
Records  of  the 
Council, 
xxviii.,  77. 

House  .Jour- 
nal, pp.  55,78. 
Province 
Laws,  ii.,  151, 
chap.  10. 
Ante^  p.  22, 
chap.  36. 


A  Petition  of  Ebenezer  Pomroy  and  Esther  Pomroy  both  of 
Northampton  in  the  County  of  Hampshire  Administrators  of  the 
Estate  of  Elisha  Pomroy  late  of  said  Northampton  Gentleman  dec"" 
Lisolvent  Setting  forth  That  they  have  already  distributed  to  and 
among  the  Creditors  of  the  said  deceased  the  whole  of  the  Real  and 
personal  Estate  excepting  such  part  of  his  Real  Estate  as  was  Assigned 
to  the  said  Esther,  his  Widow,  for  her  Dower.  That  the  Creditors 
have  requested  of  the  Petitioners  to  make  sale  of  the  said  Dower, 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  401 

but  as  the  Petitioners  apprehend  tliey  cannot  make  sale  thereof  by 
virtue  of  the  License  received  from  the  superior  Court  to  make  Sale 
of  tlie  said  deceaseds  Real  Estate :  Praying  that  they  may  be  impow- 
ered  to  make  sale  of  the  said  Dower;  the  Widows  term  therein  only 
excepted. 

[Read  and] 

Resolved  and 

Ordered  that  the  said  Admin''  liave  leave  and  are  hereby  author- 
ized and  impowered  as  soon  as  may  be  to  sell  all  the  Estate  which 
the  said  deceased  at  the  time  of  his  death  had  in  those  Buildings 
and  Lands  which  have  been  assigned  to  the  Widow  of  the  said  Elisha 
Pomroy  for  her  Dower  or  right  of  thirds  in  said  Buildings  and  Lands 
whereof  the  said  deceased  died  seized,  excepting  the  said  Widows 
term  therein,  and  to  distribute  the  proceeds  to  and  among  all  the 
Creditors  of  the  deceased  as  soon  as  may  be  in  jDroportion  to  the 
sums  of  their  respective  dues  from  the  Estate,  which  have  been 
allowed  by  the  Commissioners  who  were  appointed  to  receive  the 
Claims  of  the  said  Creditors ;  provided  the  said  Administrators  notify 
such  sale  in  the  manner  which  is  prescribed  by  one  Law  of  this  Prov- 
ince directing  the  form  of  notice  of  the  sale  of  Real  Estates  of  per- 
sons deceased  Licensed  by  the  Superior  Court  for  the  payment  of 
debts,  and  also  that  they  previous  to  such  sale  give  sufficient  caution 
to  the  Judge  of  Probate  for  the  County  of  Hampshii'e  to  pay  to  the 
Creditors  the  proceeds  of  such  sale  within  such  reasonable  time  from 
making  the  same  as  such  Judge  shall  determine.      [Passed  July  15. 


CHAPTEK    63. 

RESOLVE   IN     REGARD    TO    A   BOND   OF    M"  JOHN   COTTON. 

A  Petition  of  John  Cotton  of  Boston  Gen'    Setting  forth    That  Legislative 
in  the  year  1764  he  purchased  the  Excise  on  Tea,  Coffee  &  China  coSncif,""''^ 
ware  within  the  County  of  Suffolk  for  the  Sum  of  £1,030  lawful  Jj^^^'g"'"- 
money  and  gave  Bond  for  the  same  sum  agreable  to  Law,  at  which  Archives.cxx., 

time  there  was  no  other  Law  of  this  Province  in  force  relating  to  the  ^^ — . 

said  Excise  than  that  made  and  passed  in  the  30""  Year  of  the  Reign  Archives  cxx. 
of  his  late  Majesty  George  the  second  intitled  "  An  Act  for  provid-  662-  House 
ing  and  maintaining  two  Armed   V^essels  to  guard  the  Coasts  &c  "  ss',"™™.'''''    ' 
by  force  of  which  Law  the  Petitioner  was  advised  and  really  ajDpre-  £a\ve°iii   989 
hended  that  he  had  good  right  to  demand  and  receive  the  Excise  chap.'i-2;iv.,  ' 
therein  granted  on  all  such  Tea  and  Coffee  as  should  be  sold  within  Ante.^^^ivi,' 
said  County  for  Consumption  out  of  this  Province,  excepting  such  ^ii^i'-^^v. 
as  should  be  sold  to  persons  not  Inhabitants  of  this  Province,  which 
apprehension  of  the  Petitioner  was  his  inducement  to  give  a  much 
greater  Sum  for  the  Farm  of  said  Excise  than  had  at  any  time  before 
been  given ;  that  after  his  purchasing  the  same  and  giving  Bond  as 
aforesaid  another  Law  was  made  and  passed  intitled,  "An  Act  in 
addition  to  and  in  explanation  of  an  Act  intitled  an  Act  for  provid- 
ing and  maintaining  two  Armed  Vessels  to  guard  the  Coasts  &c  "  by 
which  the  Petitioner  was  restrained  from  demanding  and  receiving 
any  Excise  on  such  Tea  and  Coffee  as  should  be  sold  for  consump- 
tion out  of  this  Province  tho'  sold  to  the  Inhabitants  of  the  Prov- 
ince ;  by  reason  of  which  restraint  the  Petitioner  was  deprived  not 
only  of  the  profits  which  he  had  a  reasonable  and  equitable  right  to 


402  Pkovince  Laws  {Resolves,  etc.).  — 1769-70.     [Chap.  63.] 

expect,  but  also  of  receiving  even  the  sum  he  purchased  said  Excise 
for;  That  the  Petitioners  Bond  aforesaid  has  since  been  put  in  suit 
against  him  and  upon  a  hearing  a  majority  of  the  Justices  of  the 
Superior  Court  have  adjudged  and  determined  that  by  the  rules  of 
Law  the  penalty  of  the  said  Bond  is  forfeited,  and  the  Petitioner 
has  now  no  prospect  of  obtaining  even  an  equitable  relief  in  the 
course  of  the  Common  Law.  That  the  whole  sum  Collected  by  him 
fell  considerably  short  of  what  he  gave  for  said  Excise,  and  this  was 
occasioned  wholly  by  the  Law  on  wliich  he  purchased  being  altered 
some  months  after  he  bought  the  Excise  and  before  he  had  received 
a  penny  thereof.  That  sucii  is  the  unhappy  situation  of  his  affairs 
that  it  is  intirely  out  of  his  power  to  pay  even  the  Sum  he  received.- 
And  praying  that  this  Court  would  grant  him  such  relief  as  his 
unfortunate  circumstances  require  and  a  due  regard  to  justice  will 
admit. 

[Eead  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  That  the 
Petitioner  be  discharged  of  said  Bond  and  all  prosecution  there- 
upon, he  giving  Bond  with  sufficient  Suretys-to  pay  the  sum  of 
eight  hundred  and  seventeen  pounds  to  the  Hon''''  Harrison  Gray 
Treasurer  of  this  Province  of  the  Massachusets  Bay  or  his  Suc- 
cessor in  manner  following  viz :  two  hundred  and  seventeen  pounds 
with  Lawfull  interest  therefor  att  or  before  the  fourteenth  Day  of 
July  1770  two  hundred  with  interest  att  or  before  the  thirteenth 
Day  of  July  1771,  two  hundred  with  like  Interest  att  or  before  the 
fourteenth  Day  of  July  1772,  two  hundred  with  like  Interest  att 
or  before  the  fourteenth  Day  of  July  1773.      [Passed  July  15.^ 

'  The  date  given  in  Mass.  Archives,  as  final,  in  Council,  is  June  15,  which  is  evidently  a 
mistake,  as  the  order  gives  the  date  of  its  having  passed  the  House  on  July  15. 


[2d  Sess.]     Province  Laws  {Besolves,  etc.).  — 1769-70.  403 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Fifteenth  Day  of  March,  A.D.  1770. 


CHAPTBK    64. 

EESOLVE  ADJOURNING   COURTS   IN   BARNSTABLE   COUNTY. 

Resolved  That  whereas  the  Court  of  General  Sessions  of  the  peace  Legislative 
and  Inferior  Court  of  Common  pleas  for  the  County  of  Barnstable  councif  "*  "'^ 
according  to  the  time  appointed  by  Law  should  be  holden  at  Barn-  xxviii.,'97. 
stable  in  said  County  on  the  first  Tuesday  of  April  next:  And  whereas  House  Jour- 
sundry  of  the  Justices  and  Officers  of  said  Courts  and  others  con-  ^nle.'^^ld, 
cerned  in  the  business  thereof  are  Members  of  this  Court,  which  is  '^'^'^p-  i^^- 
likely  to  continue  sitting  beyond  the  time  aforesaid  by  Law  appointed 
for  holding  said  Courts.  Therefore 

Resolved  That  said  Courts  be  and  are  hereby  adjourned  unto  the 
third  Tuesday  in  April  next,  then  to  be  holden  at  said  Barnstable, 
and  that  all  pleas.  Processes,  Writs,  Actions,  Suits,  issued  or  to  be 
issued,  Complaints,  Precepts,  Eecognizances  and  all  other  matters 
and  things  returnable  and  having  and  that  should  have  had  day  in 
said  Courts  if  the  same  had  been  holden  the  said  first  Tuesday  of 
April,  shall  be  returnable  and  have  day  in  said  Courts  on  the  said 
third  Tuesday  of  April,  and  shall  abide  and  continue  unto  that 
time,  and  shall  then  be  proceeded  on,  heard,  tried  and  determined 
to  all  intents  and  purposes  as  effectually  as  if  said  Courts  should 
have  been  held  on  the  first  Tuesday  of  April  aforesaid:  And  all 
Executions  returnable  on  the  said  first  Tuesday  of  April  may  be 
returned  into  the  Clerks  Office  of  said  Courts  and  alias  Executions 
issued  afterwards  in  like  manner  as  if  this  adjournment  had  not 
been  made.     [Passed  March  27. 


CHAPTEE    65. 

ORDER  RELATING  TO  THE   CARE  OF  INDIAN  CHILDREN  BY  ELI  FORBES. 

A  Petition  of  Eli  Forbes  of  Brookfield  Clerk  Setting  forth  Legieiativc 
That  in  obedience  to  the  Order  of  this  Court  in  June  last,  he  hath  councif," 
sent  home  the  two  Indian  Boys  of  the  Onida  Tribe  and  at  their  jjagg""'  ^''^ 
arrival  the  Chief  Men  assembled  and  caused  the  Boys  to  be  exam-  Archives, 
ined  by  their  Missionary,  and  they  all  seemed  satisfied  with  the  ^^^  "'''"' 
proficiency  they  had  made  in  the  English  Language  &c  but  that  it  Archives, 
was  thought  best  to  detain  them  and  send  two  others  in  their  stead;  xxxiii., sio. 


404 


Province  Laws  {Besolves,  etc.).  —  176ii-70.     [Chaps.  66,  67.] 


House  Jour,      wliicli  "was  accordingly  done:  And  praying  that  his  Account  for 
m!i&'^^int'e,   Boarding  Cloathiug  and  Instructing  the  said  two  Indian  Boys  and 
p.376,chap.  i.  the  Indian  Girl  may  be  allowed. 
Eead  & 

Oi'dered  that  the  province  Treasurer  pay  (out  of  the  Intrest  of 
S'  Peter  Warrens  Donation)  to  M'  Eli  Forbes  the  Sum  of  Sixty  one 
Pounds  Ten  Shillings  In  full  for  his  hording  Cloathing  and  Instruct- 
ing the  three  Indian  Children  in  his  Petition  mentioned  from  the 
third  Day  of  June  last  until  the  Nineteenth  Day  of  March  Instant 
and  that  he  be  Discharged  of  the  fifteen  pounds  ordered  to  be  paid 
to  him  by  the  Gen'  Court  in  July  Last  to  Enable  him  to  send  home 
Two  of  the  Said  Children  for  which  Sum  he  was  then  made  ac- 
countable.    [Passed  March  27. 


CHAPTEE    66, 


Legislative 
Records  of  the 
CouncU, 
xxviil.,  100. 


Mass. 
Archives, 
cxviii.,  428. 
House  Jour- 
nal, p.  109. 


ORDER  ALLOWING  A  COPY  OF  THE  PROVINCE  LAWS  TO  THE  TOWN 
OF  LENOX. 

A  Petition  of  Elias  Willard  in  behalf  of  the  Town '  of  Lenox 
Praying  that  the  said  Town  may  be  allowed  the  Province  Laws  at 
the  public  expence. 

[Read  and] 

Orderd  that  the  Prayer  of  this  pet°  be  granted  &  that  the  Town 
of  Lenox  be  allow"*  the  Province  Laws.      [Passed  March  27. 


CHAPTEE    67. 

ORDER  IMPOWERING  THE  TOWN  OF  TAUNTON  TO  NOTIFY  THE  TOWN 
OF  MIDDLEBOROUGH  IN  REGARD  TO  THE  BOUNDARY  LINE. 


Legislative 
Records  of  the 
Council, 
xxviii.,  10-2. 

House  Jour. 
nal.pp.lOS,  110. 


A  Petition  of  the  Inhabitants  of  the  Town  of  Taunton  in  the 
County  of  Bristol  Setting  forth,  That  the  said  Town  of  Taunton 
adjoins  on  the  Town  of  Middleborough  in  the  County  of  Plymouth 
and  that  the  Line  between  said  Towns  is  the  dividing  line  between 
said  Counties  That  there  hath  been  a  dispute  subsisting  between 
s**  Towns  for  above  thirty  years  respecting  said  Boundary  line,  and 
that  the  Selectmen  of  said  Taunton  have  always  duly  notified  the 
Selectmen  of  said  Middleborough  (Taunton  being  the  oldest  Town) 
to  meet  and  perambulate  said  bounds  according  to  Law,  but  the 
Selectmen  of  said  Towns  could  never  agree  about  the  same  That 
the  Selectmen  of  Middleborough  have  brought  an  Action  against 
the  Selectmen  of  Taunton  for  not  Perambulating  the  Bounds  of  said 
Town,  to  be  tryed  at  the  next  Inferior  Court  of  Common  pleas  to 
be  holden  at  Plimouth  in  April  next.  That  the  Petitioners  appre- 
hend that  a  Law  suit  of  this  kind  will  be  attended  with  great 
expence,  and  can  have  no  tendency  to  settle  said  disiDute,  more 
especially  if  Tryed  by  a  Jury  of  the  County  of  Plymouth  as  the 
Line  between  that  County  and  the  County  of  Bristol  is  nearly 
affected.  And  praying  the  interposition  of  this  Court  for  the  set- 
tlement of  the  said  dispute. 

*  A  mistake  for  District.  See  Province  Laws,  iv.,  905,  chap.  11 ;  v.,  420,  chap.  3,  sec. 
3 ;  Revised  Laws,  i.,  430  (March  23, 1786)  ;  also  Manual  for  the  General  Court  (1912), p.  101. 


[2u  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  405 

[Read  and] 

Ordered  that  the  Town  of  Middleborough  be  notified  by  the  Peti- 
tioners by  serving  the  Clerk  of  said  Town  with  a  Copy  thereof  to 
shew  cause  on  the  second  Wednesday  of  the  next  sitting  of  this 
Court  why  the  prayer  should  not  be  granted,  and  that  the  said 
Action  be  continued  in  the  mean  time.     \_Passed  March  28. 


CHAPTEE    6J 


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

A  Petition  of  Samuel  Mower  and  Clark  Chandler  Administra-  Legislative 
tors  of  the  Estate  of  Henry  Ward  late  of  Worcester  deceased  Intes-  ^^S° ctf,  °* '"^ 
tate     Setting  forth     That  the  Estate  of  the  said  deceased  has  been  xxYiii.,'io4. 
represented  Insolvent  and  Commissioners  appointed  to  receive  and  House  .Tour- 
examine  the  Claims  of  the  Creditors  to  said  Estate     That  he  died  prov'inJ"' 
siezed  of  about  four  Acres  of  Land  with  a  House  and  Barn  and  out  J'^^^"'''!"-' '^'• 
Houses  thereon,  as  also  a  Tract  of  Land  of  about  seven  Acres  both 
situate  in  Worcester  aforesaid.  And  praying  that  they  may  be  im- 
powered  in  their  capacity  aforesaid  to  make  sale  of  the  Eeal  Estate 
aforesaid ;  that  one  third  of  the  proceeds  be  put  out  to  Interest  and 
the  Interest  paid  to  the  said  deceaseds  Widow  Lydia  annually  during 
her  life  in  lieu  of  her  Dower  in  said  deceaseds  Real  Estate;  that  the 
remaining  two  thirds  be  applied  for  paying  the  deceaseds  debts  so 
far  as  it  will  extend,  and  at  the  death  of  said  Widow  the  other  third 
be  disposed  of  agreable  to  Law. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioners,  be  and  hereby  are  impowered  to  sell  all  the  Real  Estate 
within  mentioned  and  make  and  execute  a  good  Deed  or  Deeds  of 
the  same,  observing  the  Rules  of  the  Law  for  the  sale  of  Real  Estates 
and  giving  caution  to  the  Judge  of  Probate  for  the  County  of  Worces- 
ter that  the  proceeds  be  applied  for  the  purposes  mentioned  in  the 
Petition.      {Passed  March  28. 


CHAPTEE    69, 


RESOLVE  IMPOWERING  JOS:  ROTCH,  JUN^  ADM^  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN    REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Joseph  Rotch  jun^  of  Dartmouth  Administrator  Legislative 
of  the  Estate  of  Isaac  Fish  late  of  said  Dartmouth  deceased     Set-  ^^^^f,"*""^ 
ting  forth  That  the  whole  Real  and  Personal  Estate  of  the  said  de-  xxyiii.,'io4. 
ceased  is  insufScieut  to  pay  his  just  debts  and  has  therefore  been  House  Jour, 
represented  Insolvent.  That  all  the  Real  Estate  of  which  the  said  province  ^'     ' 
deceased  died  siezed  consists  of  a  dwelling  House,  a  Blacksmiths  ^hap^'io"  ^'^'' 
Shop  and  thirty  two  Rods  of  Land ;  Aftd  as  the  Superior  Court  for 
the  County  of  Bristol  will  not  sit  until  October  next:  Praying  that 
he  may  be  impowered  to  make  Sale  of  the  said  Real  Estate  (the 
Widows  thirds  therein  excepted)  for  the  benefit  of  the  Creditors. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 


406 


Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chaps.  70,  71.1 


Petitioner  be  aud  hereby  is  impowered  to  make  sale  of  the  Eeal 
Estate  mentioned  in  this  Petition  for  the  most  tlie  same  will  fetch, 
and  to  make  aud  execute  a  good  Deed  or  deeds  tlierof  to  the  pur- 
chaser or  purchasers,  he  observing  the  directions  of  the  Law  for 
the  sale  of  Eeal  Estates  by  Executors  and  administrators,  and  that 
the  proceeds  arising  by  such  sale  be  applied  for  the  payment  of  the 
said  deceaseds  just  debts.      ^Passed  March  38. 


CHAPTER    70. 


RESOLVE    IMPOWERING    JED"    FOSTER,    EXECUTOR,    TO    SELL    REAL 
ESTATE   AND    MAKING   PROVISION   IN   REGARD   TO   THE    PROCEEDS. 


^egisiative  A  Petition  of  Jedediah  Foster  of  Brookfield  Executor  of  the 

(jouncii,  last  Will  and  Testament  of  Mary  Bartlet  late  of  said  Brookfield 

deceased  Setting  forth     That  the  said  deceased  by  her  last  Will 


xxviii.,  105, 


mii"pp!^iOMii.  devised  her  Estate  (after  her  just  debts  and  Funeral  expences  were 
Province  '       paid)  two  third  parts  therof  to  the  Church  in  the  third  Precinct  in 
chap.'io.''     '    the  Town  of  Brookfield  to  be  laid  out  in  Silver  Vessels  for  the  Com- 
munion Table,  and  the  other  third  part  thereof  to  the  Rev**  Nathan 
Fisk  Minister  of  the  said  Church     That  the  said  deceased  died 
siezed  of  a  small  House  and  one  Acre  of  Land  in  said  Brookfield 
apprized  at  forty  pounds;  and  inasmuch  as  the  Petitioner  is  not 
by  the  said  Will  enabled  to  dispose  thereof,  and  cannot  execute  the 
Will  unless  enabled  by  this  Court  to  make  sale  of  the  said  House 
and  Land:  Praying  that  he  may  be  impowered  to  make  sale  of  the 
same  accordingly. 
[Eead  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  in  his  said  capacity  to  make 
sale  of  the  House  and  Laud  withinmentioned,  and  make  and  exe- 
cute a  good  Deed  to  the  purchaser  he  observing  the  rules  of  the 
,  Law  for  the  sale  of  Eeal  Estates  by  Executors  and  Administi-ators 
and  applying  the  proceeds  to  the  purposes  within  mentioned ;  He 
giving  sufficient  caution  to  the  Judge  of  Probate  for  the  County 
'  of  Worcester  that  the  produce  of  said  sale  shall  be  disposed  of  ac- 

cording to  the  Will  of  the  Testator.     [Passed  March  28. 


CHAPTER    71 


RESOLVE  IMPOWERING  KILKIAH  GROUT,  ADM",  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxviii.,  lOfi. 


nal,  pp.106. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Kilkiah  Grout  of  Winchester  in  the  Province  of 
New  Hampshire  Administrator  of  the  Estate  of  John  Askins  late  of 
said  AVinchester  deceased  Intestate  Setting  forth  That  the  debts 
due  from  the  said  deceaseds  Estate  to  sundry  Persons  in  the  Province 
of  Massachusetts  Bay  amount  to  £105.16.7  That  the  said  deceased 
died  seized  of  a  Tract  of  wild  Land  in  Warwick  in  the  same  Province 
containing  about  four  hundred  Acres  apprised  at  £150  That  the 
Petitioner  appii'ehends  that  nothing  less  than  the  sale  of  the  whole 
of  the  Tract  of  Land  aforesaid  will  raise  a  Sum  sufficient  to  dis- 
charge the  said  debts :  And  praying  that  he  may  be  impowered  to 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 17(59-70.  407 

make  sale  of  the  same  accordingly;  and  in  case  of  any  surplusage 
that  tlie  same  be  distributed  among  the  Heirs  of  the  said  deceased 
according  to  Law. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  so  much  of 
the  said  deceaseds  Real  Estate  as  shall  be  sufficient  to  discharge  the 
debts  of  the  said  deceased,  and  to  make  and  execute  a  good  Deed 
or  deeds  of  the  same  to  the  purchaser  or  purchasers;  he  observing 
the  rules  and  directions  of  the  Law  of  this  Government  for  tlie  sale 
of  Real  Estates  by  Executors  and  Administrators,  and  that  the 
monies  arising  by  such  sale  or  sales  shall  be  applied  for  the  purposes 
mentioned  in  this  Petition.     \^Passed  March  28. 


CHAPTBE    72. 

RESOLVE  EXPLAINING   AN   ACT   IN    REGARD   TO   INHABITANTS   OF   CAPE  Legislative 

ELIZABETH.  Records  of  the 

Council, 
xxvlli.,  106. 

A  Petition  of  Samuel  Skillin  and  others  Inhabitants  of  Cape  Legislative 
Elizabeth  praying  for  an  explanation  of  the  act  Incorporating  them  S^Jj" ^ff  °*  ""^ 
into  a  District  made  in  Novem''  1765.  xxvii.,  io2. 

[Read  and]  nai"pp. lo^is. 

Resolved  on  the  Petition  of  the  Inhabitants  of  Cape  Elizabeth  £™^g''^^''  ggg 
That  from  the  time  the  act  of  Incorporation  of  Cape  Elizabeth  into  chap.2s;''872,' 
a  District  took  place  all  the  Inhabitants  of  said  District  included  X*<^c,  p.  153. 
within  the  Lines  of  said  District  were  and  still  are  held  to  pay  ohap.si. 
Parish  Taxes  there  and  to  no  other  Parish.     \^Passed  March  28. 


CHAPTER    73. 

RESOLVE   ALLOWING   £100  TO   SUSANNA  HODGE. 

A  Petition  of  Susanna  Hodge  of  Salisbury     Setting  forth  That  Legisuative 
her  Husband  Michael  Hodge  by  the  providence  of  God  has  at  times  councif,°     ^ 
been  deprived  of  his  reason,  and  in  one  of  his  distracted  frames  jjagg''*  ^"^^ 
uttered  sundry  blasphemous  expressions;  whereupon  he  was  bound  Archives, cv., 

over  to  appear  at  the  Suj)erior  Court  at  Ipswich  in  June  1767  in  a  ~ 

Bond  of  One  hundred  pounds,  at  which  Court  the  Grand  Jury  found  Archives, cv., 
a  Bill  against  him  That  the  Law  being  very  severe  against  those  j^"'r„^P°'' 
who  are  Convicted  of  this  offence  the  said  Michael  (by  the  advice  pii.  108,112. 
of  his  Council)  absconded  and  left  the  Petitioner  with  three  young  Law3,°i!%97, 
Children  in  very  distressing  circumstances  That  the  said  Michael's  chap. 20. 
House  and  Land  has  been  taken  by  Execution  to  satisfy  the  for- 
feiture of  the  Bond  aforesaid,  and  the   Petitioner  and   her  three 
Children  turned  out  of  doors  without  one  farthing  to  support  them- 
selves. And  inasmuch  as  the  forfeiture  of  the  said  Bond  has  been 
paid  into  the  Province  Treasury,  she  prays  the  compasionate  con- 
sideration of  the  Court. 

Read  and 

Resolved;  that  there  be  paid  out  of  the  province  Treasurey  the  Sum 
of  one  hundred  pounds  to  Susannah  Hodge  the  petitioner,  for 
Reasons  set  forth  in  &^  petition.     [Passed  March  29. 


408 


Province  LiAWS  {Besolves,  etc.).  — 1769-70.     [Chaps.  74,  75.] 


CHAPTEK    74, 


liegislatWe 
Kecords  of  the 
Council, 
xxviii.,  110. 

House  Jour- 
nal, pp.116, 118, 
119. 


RESOLVE     IMPOWERING     SARAH    BALLARD,     ADM^,    WITH     WILLIAM 
CHANDLER,    TO   RECONVEY   LANDS. 

A  Petition  of  Sarah  Ballard  of  Andover  Administratrix  of  the 
Estate  of  her  late  Husband  Timothy  Ballard  jun"'  late  of  said  Andover 
deceased  Setting  forth  That  the  said  Timothy  (at  the  request  of 
Philemon  Chandler)  together  with  William  Chandler  of  said  Town 
became  bound  to  Samuel  Gardner  Esq'  of  Salem  for  the  payment  of 
One  hundred  pounds;  and  the  said  Philemon  in  order  to  save  harm- 
less the  said  Timothy  and  William  conveyed  to  them  by  Deed  dated 
the  7"^  day  May  1763  the  one  half  of  four  pieces  of  Land  in  Andover 
aforesaid,  and  that  they  at  the  same  time  obliged  themselves  to 
reconvey  the  Premises  to  the  said  Philemon  upon  payment  of  the 
Debt  to  the  said  Gardner  That  since  the  death  of  the  said  Timothy 
Ballard,  the  said  Philemon  has  discharged  the  said  debt  and  now 
demands  the  return  of  his  Land  to  him  again :  And  praying  that  she 
may  in  conjunction  with  the  said  William  Chandler  be  impowered 
to  reconvey  the  Premises  to  the  said  Philemon  Chandler  accordingly. 

Read  and 

Resolved  that  Sarah  Ballard  Administratrix  to  the  Estate  of  her 
Husband  Timothy  Ballard  late  of  Andover  deceased  be  and  that  she 
hereby  is  impowered  in  her  said  capacity  together  with  William 
Chandler  of  s'*  Andover  by  a  good  lawful  Deed  to  reconvey  to  Phile- 
mon Chandler  the  Lands  mentioned  in  her  Petition.  [^Passed 
March  30. 


CHAPTBE    75. 

RESOLVE   DIRECTING  THE    PROVINCE   TREASURER   TO    GIVE   BOND   FOR 
THE   FAITHFUL  DISCHARGE    OF   HIS   DUTIES. 


Legislative 
Hecords  of  the 
Council, 
xxviii.,  112. 
Mass. 
Archives, 
civ.,  673. 

House  .Jour- 
nal, pp.  117,118. 
Ante^  p.  371. 
Post^  p.  444, 
chap.  143. 


In  the  House  of  Representatives 
Resolvd  that  no  person  who  shall  be  chosen  by  this  Court  into 
the  office  of  Treasurer  &  Receiver  General  for  this  Province  for  the 
present  year,  shall  be  esteemd  duly  qualified  to  enter  upon  the 
Execution  of  that  office  untill  he  shall  first  have  an  Oath  admin- 
istred  to  him  for  his  faithful  Performance  of  his  said  office ;  &  shall 
give  Bond  with  sufficient  Sureties  to  the  Acceptance  of  a  Committee 
to  be  appointed  by  this  Court  for  that  purpose  in  the  Sum  of  Thirty 
thousand  Pounds  Lawful  money  to  the  three  eldest   Coun- 

cellors  in  the  Province  for  the  time  being,  who  are  hereby  appointed 
a  Committee  in  Behalf  of  the  Province.  &  especially  authorizd  for 
that  purjDose ;  which  Bond  shall  be  conditiond  for  such  Treasurers 
truly  &  faithfully  discharging  the  Duty  of  his  office  according  to 
Law,  and  for  his  rendering  an  Account  when  &  so  often  as  he  shall 
be  required  by  the  General  Court,  of  all  such  Sum  or  Sums  of  money 
as  he  shall  from  time  to  time  receive  into  the  Treasury,  and  for  his 
well  &  truly  paying  to  his  Successor  in  said  office,  or  to  any  other 
person  that  may  be  appointed  by  the  General  Court  to  receive  the 
same,  all  such  Sum  or  Sums  of  money  as  upon  such  Settlement  of 
his  said  Accounts  or  otherwise  shall  be  found  due  &  payable  from 
him  to  this  Province ;  provided  that  the  said  Bond  be  put  in  suit 
within  three  years  next  after  the  Date  hereof  otherwise  to  be  void 
&  of  no  Effect :  And  that  M'  Hancock  &  Cap  Sheaffe  with 


[2i)  Sess.]     'Province  Laws  (Resolves,  etc.).  —  17(39-70.  409 

such  as  tlie  llon^"  Board  shall  joyn,  be  a  Com'  to  judge  of  the 
Sufficieucy  of  such  as  may  offer  to  become  Sureties  for  the  Treasurer 
as  aforesaid. 

In  Council,  Read  &  Concurred  and  John  Erving  Esq'  is  joined. 
[Passed  March  SO. 


CHAPTER    76. 

KESOLVE  ENJOINING  COLLECTION  OF  CERTAIN  TAXES  AGAINST  CER- 
TAIN INHABITANTS  OF  DIGHTON  UNTIL  THE  NEXT  SESSION  OF 
COURT. 

A  Memorial  of  Elkanah  Andrews  in  behalf  of  himself  &  Sylvester  Le?iei!itivc 
Richmond  Esq''  and  others  Inhabitants  of  the  Town  of  Dighton     Set-  ^I'^^^^l  "*  ""= 
ting  forth     That  they  preferred  their  Petition  at  the  oiDeniug  of  the  xxviii.,'ii5. 
I^resent  Session  praying  to  be  exempted  from  paying  sundry  Taxes  Mass. 
towards  building  a  new  Meeting  House  and  hiring  preaching,  for  ^x™iii™429-43i. 
reasons  set  forth  in  said  Petition;  but  that  the  Representative  of  the  na°i"pp''ii8!^i20, 
said  Town  of  Dighton  has  returned  home  and  carried  the  said  Peti-  vnl 
tion  with  him ;  And  inasmucli  as  the  Memorialist  (with  his  evidences) 
hath  been  waiting  several  days  and  is  at  a  great  distance  from  home, 
and  the  Petitioners  have  been  greatly  distressed  Praying  the  imme- 
diate relief  of  this  Court. 

[Read  and] 

Resolved  on  the  Memorial  of  Cap'  Elkanah  Andrews  relating  to 
the  Petition  of  Sylvester  Riciimond  Esq'  and  others  Inhabitants 
of  the  Town  of  Dighton  That  the  Constables  in  said  Town  to  whom 
the  Taxes  are  committed  to  collect  for  the  payment  of  M'  John 
Staples  who  Preaches  for  a  part  of  said  Dighton,  and  also  for  the 
charges  of  a  Meeting  House  lately  built  in  said  Town,  be  and 
hereby  are  Ordered  not  to  collect  the  same  from  the  said  Petitioners 
named  in  the  Petition  of  the  said  Sylvester  Richmond  Esq'  and 
others  until  the  end  of  the  next  Session  of  this  Court,  so  that  the 
Petitioners  may  have  an  opportunity  to  be  heard  on  their  said 
Petition,  and  no  distresses  to  be  made  on  the  said  Petitioners  in  the 
mean  time.     [Passed  March  SI. 


CHAPTEE    77. 

RESOLVE  GRANTING  TO  SAMUEL  LEONARD  LICENSE  TO  KEEP  AN  INN. 

A  Petition  of  Samuel  Leonard  of  Springfield     Setting  forth  That  Legislative 
for  several  years  past  he  hath  been  Licensed  to  keep  a  House  of  coSncu,  ° 
Public  Entertainment,  but  that  he  is  about  to  remove  from   the  xxviii.,  ns. 
House  in  which  he  now  dwells  to  another  about  one  hundred  rods  Mass. 
distant,  equally  well  situated  for  that  business.   And  that  as  the  cxi.,,563. ' 
usual  time  for  granting  Licenses  in  the  County  of  Hampshire  will  ^aili'iKm'^ 
not  arrive  'till  August  next :  Praying  that  the  Justices  of  the  Court 
of    General    Sessions   of   the    peace  for  the  said   County  may  be 
impowered  at  their  next  Term  to  License  the  Petitioner  to  keep  a 
Tavern  in  the  House  to  which  he  is  about  to  remove ;  He  obtaining 
the  approbation  of  the  Selectmen  of  the  said  Town  for  that  purpose. 

[Read  and] 


410 


Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chaps.  78,  79.] 


Resolved  That  his  Majesty's  Justices  of  the  General  Sessions  of 
the  peace  in  and  for  the  County  of  Hampshire  be  and  they  are 
hereby  impowered  to  grant  License  to  Samuel  Leonard  to  occiapy 
the  House  to  which  he  is  about  to  remove  as  an  Inholder,  instead 
of  the  House  where  he  now  lives,  the  time  for  granting  License  in 
said  County  being  elapsed  notwithstanding  he  first  obtaining  the 
approbation  of  the  Selectmen  therefor.      [Passed  April  3. 


CHAPTER    78 


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


Refirds'Jnhe       ^  PETITION  of  Hepzibah  Nichols  Administratrix  of  the  Estate  of 
Council,  lier  late  Husband  Joshua  Nichols  late  of  Eeading  deceased     Setting 

forth  That  her  said  Husband  a  short  time  before  his  death  purchased 


xxTiii.,  119. 


na'i,"pp.  11VL20.  about  twenty  five  Acres  of  Land  in  said  Reading  for  which  he  obli- 
gated himself  to  pay  fifty  pounds  and  died  before  he  had  discharged 
the  same.  And  as  she  hath  no  other  way  to  discharge  the  said  obli- 
gation than  by  the  sale  of  Land,  Praying-  that  she  may  be  impowered 
to  make  sale  of  the  aforementioned  twenty  five  Acres  for  that 
purpose. 

Read  and 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  in  her  said  capacity  be  and  accordingly  hereby 
is  impowered  to  make  sale  of  the  Tract  of  Land  in  her  Petition 
mentioned,  and  make  and  execute  a  good  Deed  or  Deeds  thereof, 
she  giving  security  to  the  Judge  of  Probate  for  the  County  of  Mid- 
dlesex that  she  will  apply  the  proceeds  of  said  sale  for  the  payment 
of  the  debt  in  said  Petition  mentioned,  and  the  overplus,  if  any  be, 
arising  by  said  Sale,  be  by  her  accounted  for  and  paid  agreable  to 
Law.     [Passed  April  S. 


CHAPTER     79. 

RESOLVE  IMPOAVERING  MARY  GLEESON,   ADM'',  TO   SELL  REAL  ESTATE 
AND   MAKING  PROVISION   IN  REGARD   TO   THE  PROCEEDS. 


LeKielative 
Records  of  the 
CotiDoil, 
xxvill.,  120. 

House  Jour- 
nal, 1).  1-20. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Mary  Gleeson  Administratrix  of  the  Estate  of  her 
late  Husband  Isaac  Gleeson  late  of  Holden  decesed  Setting  forth. 
That  the  whole  Personal  Estate  of  the  deceased  is  insufficient  to  jjay 
his  just  debts  by  the  sum  of  £54.0.4%  That  the  said  deceased  died 
siezed  of  a  Tract  of  Land  in  said  Holden  containing  one  hundred 
Acres  almost  new  and  uncultivated  apprized  at  £106.13.4  That  if  so 
much  of  said  Tract  of  Land  was  sold  as  would  pay  the  debts  afore- 
said, the  remainder  would  be  of  but  little  value.  And  praying  that 
she  may  be  impowered  to  make  sale  of  the  whole  thereof;  she  to  be 
accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the 
whole  of  the  deceaseds  Real  Estate  for  the  most  the  same  will  fetch. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  17ti9-70.  411 

and  to  make  and  execute  a  good  Deed  or  Deeds  thereof  in  Law,  she 
observing  the  rules  of  the  Law  for  the  sale  of  Real  Estates  by 
Executors  and  Administrators,  and  that  the  Interest  of  one  third 
of  the  said  proceeds  be  applied  for  the  sujjport  of  the  Petitioner  as 
her  Dower  during  life,  and  at  her  death  be  divided  to  and  among 
the  Children  of  the  said  deceased  agreable  to  Law;  and  so  much  of 
the  remaining  two  thirds  as  shall  be  necessary  be  applied  to  the 
payment  of  the  deceaseds  just  debts,  and  what  shall  remain  be  put 
out  on  Interest  for  the  use  and  benefit  of  the  deceaseds  Children, 
the  Petitioner  giving  sufKcient  caution  to  the  Judge  of  Probate  for 
said  County  that  the  Money  arising  be  applied  as  aforesaid.'  [Passed 
April  S. 


CHAPTEE    80. 

RESOLVE  IMPOWERING  ELEAZER  GRAVES  AND  HIS  WIFE,  ADM^,  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Eleazer  Graves  and  Judith  his  Wife  Admin''  of  Legislative 
the  Estate  of  her  former  Husband  George  Cutting  late  of  Athol  councif," 
deceased     Setting  forth     That  the  Personal  Estate  of  the  deceased  '^x''"'-.  i-i- 
is  insufficient  to  discharge  his  just  debts  (after  the  usual  allowance  ^■a"^'' ''47'^i"25 
is  made  to  the  said  Judith  for  necessaries  of  Household)  by  the  Sum  Province  ' 
of  £170.17.41/2  That  the  said  deceased  died  siezed  of  a  Farm  in  said  ctaT>ao;'^"' 
Athol  containing  170  Acres  apprized  at  £660. 13. -1    That  if  so  much 
of  said  Farm  should  be  sold  as  would  be  sufficient  to  pay  said  debts, 
the  growing  Interest  and  the  charges  of  settling  the  Estate,  it  would 
be  a  great  damage  to  the  remainder;  And  praying  that  they  may 
be  impowered  to  make  sale   of  the    [whole]  thereof;  they  to  be 
accountable. 

Eead  and 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  in  their  said  capacity  be  and  they  accordingly 
are  hereby  impowered  to  make  sale  of  the  whole  of  the  Estate  in 
their  said  Petition  mentioned  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof;  they 
observing  the  rules  of  the  Law  respecting  the  Sale  of  Real  Estates 
by  Executors  &  Administrators,  and  giving  sufficient  security  to  the 
Judge  of  Probate  for  the  County  of  Worcester  that  the  proceeds  of 
the  said  sale  be  applied  in  the  following  manner  viz'  that  the  Interest 
of  one  third  part  thereof  be  annually  allowed  to  the  said  Judith  for 
her  Dower  during  her  natural  life,  and  that  so  much  of  the  remain- 
ing two  thirds  as  is  necessary  be  applied  for  payment  of  the  debts 
in  said  Petition  mentioned,  and  what  shall  then  remain  be  paid  to 
the  Children  of  the  deceased,  their  Guardians  or  legal  Representa- 
tives, and  at  the  expiration  of  the  natural  life  of  the  said  Judith, 
the  other  third  be  paid  to  the  aforesaid  Heirs  or  their  legal  Repre- 
sentatives agreable  to  Law.     \^Passed  April  S. 

'  The  final  action  on  this  petition  not  found  in  the  House  Journal. 


412 


Province  Laws  (Resolves, etc.).  — 1769-70.     [Chaps.  81,  82.] 


CHAPTBK    81. 

RESOLVE    IMPOWERING    ELIZABETH     JOHNSON,    EX=,    TO    SELL    REAL 
ESTATE   AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

uecords'of  the       ^  PETITION  of  Elizabeth  Johnson  surviving  Executrix  of  the  last 
Council,  Will  and  Testament  of  Caleb  Johnson  late  of  Shrewsbury  deceased 

xxviii^,^2£^ —  Setting  forth     That  on  the  30""  day  of  October  AD  1769  she  s'ettled 
nai"pp!'KiM2-2,  'i^r  Administration  Account,  the  balance  remaining  in  her  hands 
1-25.   Province  of  the  Personal  Estate  (including  the  Legacy  given  her  by  the  said 
chap.'io.'     '    deceaseds  Will)  being  but  £37.15.2%    That  the  said  deceaseds  Estate 
is  still  indebted  to  sundry  Persons  the  sum  of  £80.16.4%     That  the 
said  deceased  died  siezed  of  a  Real  Estate  in  said  Shrewsbury  on 
which  stands  a  Corn  Mill  and  was  appraised  at  £366.13.4     That  if 
part  of  said  Real  Estate  was  sold  it  would  be  a  great  damage  to  the 
remainder;  therefore  praying  that  she  may  be  impowered  to  make 
sale  of  the  whole  thereof;  the  Money  arising  by  said  sale  (after  pay- 
ment of  the  debts)  to  be  disposed  of  agreable  to  the  last  Will  and 
Testament  of  said  deceased. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted, 
and  that  the  Petitioner  be  and  hereby  is  impowered  to  make  sale  of 
the  whole  of  the  Real  Estate  mentioned  in  said  Petition  for  the 
most  it  will  fetch,  and  make  and  execute  a  good  Deed  or  Deeds  of 
Sale  thereof;  she  observing  the  directions  of  the  Law  for  the  sale 
of  Real  Estates  by  Executors  and  Administrators  and  giving  caution 
to  the  Judge  of  Probates  for  the  County  of  Worcester  that  the  pro- 
ceeds of  the  sale  be  applied  for  the  payment  of  the  just  debts  of  the 
deceased,  and  the  overplus,  if  any  be,  be  put  out  on  Interest,  such 
Interest  to  be  for  the  use  of  the  Petitioner  during  her  Widowhood, 
and  the  principal  Sum  be,  at  her  decease,  distributed  among  the 
Heirs  of  the  said  Testator  agreable  to  his  last  Will  and  Testament. 
{^Passed  April  S. 


CHAPTEE  82. 


RESOLVE   LIBERATING  JOSEPH   BUTLER,  DELINQUENT  TAX  COLLECTOR, 
FROM  GOAL,    UPON   CERTAIN   CONDITIONS. 


Leglelative 
Becorrls  of  the 
Council, 
xxviii.,  67, 123. 

LeglBlative 
Kecords  of  the 
Council, 
xxviii.,  103. 
House  Jour- 
nal, pp.  70,  72, 
113,  136,  127. 


A  Petition  of  Joseph  Buttler  of  Framingham  in  the  County  of 
Middlesex  Setting  forth  That  he  was  chosen  Collector  of  Taxes 
for  the  said  Town  in  the  year  1765  and  being  delinquent  the  Province 
Treasurer  issued  an  Execution  against  him,  by  virtue  of  which  he 
was  committed  to  his  Majesty's  Goal  in  Concord  in  the  said  County 
where  he  now  remains:  That  the  Petitioner  being  in  a  bad  state  of 
health  and  having  expended  what  little  Estate  he  was  possessed 
of  in  the  necessary  support  of  himself  and  Family  since  his  confine- 
ment, has  not  the  least  prospect  of  ever  being  able  to  satisfy  the  said 
Execution.  And  Praying  relief. 

Read  and 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
said  Joseph  Butler  be  liberated  accordingly,  he  paying  Prison  Fees; 
provided  he  stands  committed  on  no  other  suit  or  other  Cause  than 
that  mentioned  in  the  Petition,  and  that  the  Town  of  Framingham 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  413 

be  reassessed  the  Sum  of  One  hundred  pounds,  six  shillings  and  one 
penny  by  having  one  half  of  that  Sum  added  to  their  proportion  of 
the  next  years  Province  Tax,  and  the  other  half  thereof  to  their 
proportion  of  the  next  years  Province  Tax  the  next  year  afterwards, 
provided  also  that  this  shall  not  be  construed  to  preclude  the  said 
Town  of  Framingham  from  any  action  or  suit  against  the  said  Joseph 
Butler  for  the  whole  of  such  Sums  as  may  be  assessed  on  said  Town 
through  his  default  and  for  any  other  damages  accruing  unto  said 
Town  thereby.     [Passed  April  4. 


CHAPTEK    83. 

RESOLVE  GRANTING  TO  TIMOTHY  FARLEY  A  CERTAIN  TRACT  OF  LAND 
ON   PAYMENT  OF  A  CERTAIN  SUM. 

A  Petition  of  Timothy  Farley     Setting  forth.  That  he  served  Legislative 
His  Majesty  for  three  years  during  the  late  War  as  a  Soldier.  And  coSncu," 

praying  for  the  Grant  of  a  small  Gore  of  Land  lying  between  Col-  ^xym..  124. 

rain,  Charlemont  and  Shelburne,  according  to  the  Plan  exhibited  Archives 
with  his  Petition.  ccxxxix.l  385. 

TT)       1         JT  House  Jour- 

[Read  and  J  nai,pp.i23,i27. 

Resolved  on  the  Petition  of  Timothy  Farley  that  the  prayer  thereof 
be  so  far  granted  that  the  Land  delineated  and  described  in  the 
Survey  and  Plan  returned  containing  about  one  hundred  Acres  lying 
between  the  District  of  Shelburne  &  Charlemont  be  granted  and 
confirmed  to  the  said  Timothy  Farley  and  his  Heirs  forever,  on  con- 
dition the  said  Timothy  shall  pay  or  cause  to  be  paid  into  the  Prov- 
ince Treasury  the  Sum  of  Twenty  pounds  within  two  years  from  the 
date  hereof  for  the  use  of  the  Province.     [Passed  April  4. 


CHAPTER    84. 

RESOLVE  IMPOWERING  JACOB  FOX,  ADM»,  TO  SELL  REAL  ESTATE  AND  , 

MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  PETiTiOif  of  Jacob  Fox  Administrator  of  the  Estate  of  James  LegisiaHve 
Evers  late  of  Concord  deceased     Setting  forth     That  the  personal  coSndf  ""'"' 
Estate  of  the  said  deceased  is  insufficient  to  pay  his  just  debts     That  xxYiii.,i24. 
the  Real  Estate  of  the  said  deceased  consists  of  about  five  Acres  of  House  Jour- 
Land,  which,  with  the  Personal  Estate,  may  possibly  be  sufficient  to  province^' ^^''' 
pay  the  debts.  And  praying  that  he  may  be  impowered  to  make  sale  '^|f"'^'jQ  •■  ^^^< 
of  tlie  same,  he  to  be  accountable. 

[Read  and] 

Resolved  That  Jacob  Fox  Administrator  of  the  Estate  of  James 
Evers  deceased,  be  and  hereby  is  impowered  to  make  sale  of  the 
aforementioned  Land  for  the  most  the  same  will  fetch,  and  to  make 
and  execute  a  good  Deed  or  Deeds  of  the  same,  he  observing  the 
Law  respecting  the  sale  of  Real  Estates  by  Executors  and  Admin- 
istrators and  giving  Bond  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  that  the  proceeds  of  said  Sale  shall  be  applied  to  the 
discharge  of  the  just  debts  of  the  said  James  Evers,  and  the  over- 
plus if  any  be,  be  paid  to  the  legal  Heirs  of  the  said  Evers  or  to 
their  Guardians  for  their  use.     [Passed  April  4. 


414 


Province  Laws  (^Resolves,  etc.).  — 1769-70.     [Chaps.  85,  86.] 


CHAPTER    85. 


RESOLVE  IMPOWERING  PHINEAS  HEYWOOD  TO  SELL  REAL  ESTATE  AND 
MAKING  PROVISION  IN  REGARD   TO  THE  PROCEEDS. 


LegiBlative 
Records  of  the 
UouncU, 
xxviii.,  1>5. 

House  Jour- 
nal, Ijp.  106,  125. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Phineas  Heywood  Administrator  of  the  Estate  of 
John  Curtis  jun''  late  of  Worcester  deceased  Intestate  Setting 
forth  That  the  said  deceased  died  siezed  of  a  small  Farm  in  said 
Worcester  containing  about  sixty  Acres  with  a  House  thereon  partly 
finished  apprized  at  £360  That  it  is  necessary  a  considerable  Sum 
be  expended  on  the  House  to  finish  it  That  the  Rent  of  the  said 
Farm  is  not  sufficient  to  support  the  said  deceaseds  Children  being 
six  in  number,  the  eldest  a  daughter  of  fourteen  years  of  age,  the 
youngest  but  two  years  old  That  he  has  no  Personal  Estate  in  his 
hands  except  the  Household  furniture  in  use  in  the  Family.  And 
praying  that  he  may  be  impowered  to  make  sale  of  the  whole  of  the 
Farm  aforesaid ;  the  Money  arising  by  said  Sale  to  be  disposed  of 
agreable  to  Law ;  He  to  be  accountable. 

Eead  and 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  in  his  said  capacity  be  and  he  accordingly  is 
hereby  impowered  to  make  sale  of  the  whole  of  the  Estate  in  his 
Petition  mentioned  for  the  most  the  same  will  fetch,  and  make  and 
execute  a  good  and  sufficient  Deed  or  Deeds  thereof  he  observing 
the  directions  of  the  Law  with  respect  to  selling  of  Eeal  Estates  by 
Executors  and  Administrators,  and  giving  sufficient  security  to  the 
Judge  of  Probate  for  the  County  of  Worcester  that  the  proceeds  of 
the  said  Sale  be  applied  in  the  following  manner  viz'  the  Interest 
arising  upon  one  third  part  thereof  be  annually  paid  to  the  deceaseds 
Widow  for  her  Dower  during  her  natural  life,  and  the  remaining 
two  thirds  be  paid  to  the  Guardians  of  the  Children  of  the  deceased 
to  be  by  them  put  out  for  the  benefit  of  the  Heirs,  and  at  the  expi- 
ration of  the  natural  life  of  the  said  Widow,  her  third  be  divided 
among  the  said  deceaseds  Heirs  or  their  legal  Representatives  agre- 
able to  Law.     ^Passed  A2}vil  4. 


CHAPTER    86 


LcKlslattre 
Records  of  the 
Council, 
xxvill.,  127. 

House  Jour, 
nal,  J).  133. 
Province 
Laws,  v.,  29, 
chap.  5. 


RESOLVE  TRANSFERRING  APPROPRIATIONS. 

Resolved  that  the  sum  of  Fifteen  hundred  pounds  be  Transferred 
from  the  Appropriation  of  Grants  to  the  Appropriation  for  Debts 
where  there  is  no  Establishment,  and  that  the  Treasurer  be  and 
hereby  is  directed  to  make  the  Transfer  accordingly.  [Passed 
April  6. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  415 


CHAPTEK    87. 

RESOLVE  IMPOWERING   JOHN  BARKER,  INDIAN,  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  John  Barker  of  Middleborongli  Indian  Man  Set-  Legislative 
ting  forth     That  he  is  the  owner  of  about  nineteen  Acres  and  23  rods  council'," 
of  Land  at  a  place  called  Bettys  Neck  in  said  Middleborough  That  'txTin.,  i28. 
by  reason  of  Sickness  and  other  misfortunes  he  is  considerably  in  ^^l"^"  j^"'' 
debt,  and  hath  no  way  to  discharge  the  same  but  by  sale  of  Land  Province"' 
Tliat  he  has  now  an  advantagious  opportunity  to  dispose  of  the  24'irciiai"76, 
said  19  Acres  and  23  Eods  of  Land :  And  praying  that  he  may  be  ^°^- 
impowered  to  make  sale  of  the  same  accordingly. 

[Read  and] 

Jtesolved  That  the  Petitioner  John  Barker  by  and  with  the  advice 
and  under  the  direction  of  the  Guardians  of  the  Indians  in  the 
County  of  Plymouth  be  and  hereby  is  impowered  to  make  sale  of  • 

the  Lands  in  the  Petition  mentioned,  and  to  give  a  good  Deed  or 
Deeds  thereof  to  the  purchaser  or  purchasers  and  apply  the  Monies 
arising  by  said  Sale  towards  discharging  the  just  debts  of  the  Peti- 
tioner, the  overplus  if  any  be  arising  by  said  sale  to  be  lodged  with 
said  Guardians  for  the  use  of  said  Petitioner.     \^Passed  April  6. 


CHAPTBE    88. 

RESOLVE  IMPOWERING  RICHARD  GRIDLEY  TO  SELL  REAL  ESTATE 
OWNED  BY  HIS  WIFE,  DECEASED,  AND  MAKING  PROVISION  IN  RE- 
GARD  TO  THE   PROCEEDS. 

A  Petition  of  Richard  Gridley  of  Boston  Blacksmith     Setting  Legislative 
forth     That  his  late  Wife  Sarah  Gridley  at  the  time  of  her  death  5^™c1f  ""''^ 
was  in  her  own  right  possessed  of  a  certain  piece  of  Land  with  a  xxviu.,  las. 
Shop  thereon  in  Orange  Street  which  was  in  her  life  time  Mortgaged  House .lour- 
for  the  Sum  of  Forty  pounds  lawful  money,  and  the  said  Mortgage  province^'' '''^' 
still  remains  unpaid     That  she  also  owned  four  other  pieces  of  Land  ^''"^Vi-'  ^^^• 
in  said   Boston  the  Income  whereof  Annually  falls  short  of  the 
expence  of  Fencing  the  same,  and  the  whole  value  of  the  said  four 
pieces  is  not  one  half  so  much  as  the  first  mentioned  piece  under 
Mortgage     That  his  said  Wife  hath  left  three  Children,  and  that 
it  would  be  for  their  advantage  if  the  said  four  pieces  of  Land  were 
sold  and  the  Money  arising  thereby  (after  payment  of  the  said  Mort- 
gage) piit  out  at  Interest  for  their  use.     And  praying  that  he  may 
be  impowered  to  sell  the  same  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
the  Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  whole 
of  the  Lands  mentioned  in  said  Petition  for  the  most  the  same  will 
fetch,  and  to  make  and  execute  a  good  &  sufficient  Deed  or  deeds 
thereof;  He  observing  the  rules  of  the  Law  for  the  sale  of  Real 
Estates  by  Executors  and  Administrators  and  giving  sufficient 
caution  to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  so 
much  of  the  proceeds  arising  by  such  sale  as  is  necessary  be  applied 
to  discharge  the  said  Mortgage  and  the  remainder  thereof  be  put 
out  on  Interest  for  the  use  and  benefit  of  the  aforesaid  Children. 
[Passed  April  6. 


416  Province  Laws  {Resolves,  etc.) .  — 1769-70.     [Chaps.  89,  90.] 


CHAPTEK    89. 

RESOLVE  DIRECTING  THE  SALE  OF  LANDS  OF  DEBORAH  AND  PATIENCE 
DAVID,  INDIANS,    FOR   BUILDING   A   HOUSE    FOR   THEM. 

Recordfof  the       ^  PETITION  of  Deborah  David  and  Patience  David  both  of  the 
Council,  Hasanamisco   Tribe  of  Indians     Setting  forth  That  they  are  the 

xxyiii.,  130. —  owners  of  about  twenty  four  Acres  of  Land  lying  in  Grafton     That 
mii"pp.'\2M27,  they  are  wholly  destitute  of  an  House  to  shelter  themselves  from 
132.   Province  the  inclemency  of  the  Weather,  whereby  they  are  exposed  to  great 
•269,  ciiap.  104.    hardships.  And  praying  for  liberty  to  sell  so  much  of  their  Land 
aforesaid  under  the  directions  of  their  Guardians  as  shall  be  suffi- 
cient to  erect  them  a  small  House. 
[Eead  and] 

Resolved  that  there  be  so  much  of  the  Petitioners  Lands  sold  as 
will  be  sufficient  to  build  them  a  small  convenient  House,  and  that 
*  the  sale  of  the  Lands  and  the  building  the  House  be  under  the 

directions  of  the  Guardians  of  the  Petitioners,  and  the  said  Peti- 
tioners under  the  direction  of  the  Guardians  be  and  hereby  are 
impowered  to  give  the  purchaser  or  purchasers  a  good  Deed  or 
Deeds  of  the  same.     [Passed  April  6. 


CHAPTEE    90. 

RESOLVE    IMPOWERING    BENJAMIN    DURFEE,    ADM",    TO    SELL    REAL 
ESTATE. 

Legislative  A  PETITION  of  Benjamin  Durfee  of  Tiverton  in  the  Colony  of 

councif,"         Rhode  Island     Setting  forth     That  William  Durfee  late  of  s"*  Tiver- 

xxviii.,  132.       ^Qj^  deceased  by  his  last  Will  and  Testament  appointed  James  Dur- 

mu"»p''i28''i36  ^®®  Executor,  and  impowered  his  said  Executor  to  make  sale  of  his 

Province  '_     "  House  and  Land  and  three  quarters  of  his  Saw  Mill  at  Assonet  River 

oimp^io."  ^"^'     together  with  his  out  Lands,  all  lying  in  the  County  of  Bristol  in 

this  Province  to  enable  him  to  pay  his  just  debts  and  Legacies     That 

the  said  James  Durfee   renounced  tiie  Executorship,   whereupon 

Administration  on  the  said  deceaseds  Estate,  with  the  Will  annexed 

■was  granted  to  the  Petitioner  who  hath  settled  the  Account  of  his 

said  Administration,  and  that  sundry  large  debts  and  Legacies  yet 

remain  unpaid.  And  praying  that  he  may  be  authorized  to  make 

sale  of  the  Real  Estate  aforesaid  to  be  applied  for  the  purposes 

aforementioned. 

[Read  and] 

Resolved  That  the  prayer  of  this  Petition  be  granted,  and  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  Real 
Estate  mentioned  in  this  Petition  and  execute  a  good  Deed  or  Deeds 
thereof;  he  observing  the  Rules  of  the  Law  for  the  sale  of  Real 
Estates  by  Executors  and  administrators  and  giving  caution  to  the 
Judge  of  Probate  for  the  County  of  Bristol  that  the  Money  be 
applied  for  the  purposes  mentioned  in  said  Petition.  [Passed 
April  6. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  417 


CHAPTEE    91. 

RESOLVE  IMPOWERING  RUTH  AND  ROBERT  CARR,  EX''^  TO  SELL  REAL 
ESTATE  AND  MAKING  PROVISION   IN   REGARD   TO  THE   PROCEEDS. 

A  Petition  of  Euth  Carr  and  Eobert  Carr  both  of  Warren  iu  the  Legisiatwe 
Colony  of  Ehode  Island  Executors  of  the  last  Will  and  Testament  coSmA°"''* 
of  Caleb  Carr  late  of  said  Warren  Gent"  deceased      Setting  forth  xxTiii.,'i33. 
That  the  said  deceaseds  Estate  is  insufficient  to  pay  his  just  debts  House  Jour, 
and  has  been  represented  Insolvent     That  the  said  deceased  died  m,'?32'.   prov. 
siezed  of  one  third  part  of  two  several  Lots  of  Land  in  this  Province,  ["^si 'JJap. lo. 
one  lying  in  Eehoboth  containing  about  ten  acres;  the  other  lying 
in  Swanzey  containing  about  twelve  Acres :  And  praying  that  they 
may  be  impowered  to  make  sale  of  the  said  Testators  interest  in 
the   Lands   aforesaid  (the   Widows   Dower  excepted)   they  to   be 
accountable. 

[Eead  and] 

Resolved  That  the  prayer  of  the  foregoing  Petition  be  granted, 
and  that  the  Petitioners  in  their  capacity  be  and  they  accordingly 
are  hereby  impowered  to  make  sale  of  the  Lands  in  the  said  Petition 
mentioned  for  the  most  the  same  will  fetch  they  observing  the  Eules 
and  directions  of  the  Law  respecting  the  sale  of  Eeal  Estates  by 
Executors  and  Administrators  and  tliat  they  shall  be  impowered  to 
make  and  execute  a  good  and  sufficient  Deed,  or  Deeds  thereof,  and 
giving  sufficient  security  to  the  Judge  of  Probate  for  the  County  of 
Bristol,  that  the  Proceeds  thereof  shall  be  apiDlied  for  the  payment 
of  the  Debts  of  the  deceased,  saving  &  first  reserving  out  of  the 
proceeds,  the  Interest  of  one  third  of  such  sale  to  the  said  Ruth  Carr 
Widow,  during  her  natural  life,  and  the  Overplus  if  any  be,  in  the 
sale  of  the  other  parts,  besides  paying  the  deceased's  Debts,  be 
applied  agreable  to  his  AVill  and  the  Law,  and  the  Widow's  part  after 
her  decease,  shall  be  disposed  of  to  and  among  the  Heirs  of  the 
deceased,  or  their  legal  EeiDresentatives  agreable  to  Law.  \^Passed 
April  6. 


CHAPTER    92. 

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

A  Petition  of  Samuel  Dwight  of  Dedham,  father,  and  of  Sarah  Legislative 
Dwight  of  Ashburnham  Widow,  of  Timothy  Dwight  late  of  said  councif,"  *  " 
Ashburnham  deceased     Setting  forth     that  the  said  Timothy  died  ^ 


last  Spring,  siezed  of  several  Tracts  of  wild  Land  in  said  Ashburn-  Ji^aT'^^ 'n2'^i42 
ham  on  one  of  which  he  had  but  a  short  time  before  built  a  good  Province 
house:  That  he  has  left  two  female  Children  the  oldest  of  whom  is  ^apf'io.'' ''"' 
about  three  years  of  age  That  there  is  very  little  to  sup23ort  the 
Widow,  Sarah  Dwight,  and  her  Children,  but  the  Eeal  Estate  afore- 
said That  no  Income  can  arise  therefrom,  the  Lands  not  being 
brought  to,  and  there  being  no  fence  on  the  same;  for  which  reasons, 
no  person  will  become  a  Tenant  thereon ;  And  praying  that  Sam' 
Dwight  one  of  the  Petitioners,  and  Administrator  on  y'  Estate  of 
the  said  Timothy,  may  be  impowered  to  make  sale  of  the  said  House 
and  Lands;  he  giving  Security  to  pay  the  Widow  one  third  part  of 


418 


Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chap.  93.] 


the  Interest  of  the  Money  arising  by  such  sale,  during  her  natural 
life,  and  to  apply  the  other  two  thirds  for  the  benefit  of  his  Grand- 
children aforementioned 

Eead  and 

Resolved  that  the  Prayer  of  the  Petition  be  so  far  granted,  as  that 
Samuel  Dwight,  one  of  the  Petitioners  be,  and  hereby  is  impowered 
in  his  said  Capacity  of  Administrator  to  make  sale  of  the  House 
within  mentioned,  and  the  Land  adjoining,  being  about  One  hun- 
dred &  Sixty  Acres,  for  the  most  the  same  will  fetch,  and  to  make 
&  execute  a  good  Deed  or  Deeds  of  the  same  to  the  Purchaser,  or 
Purchasers,  he  observing  the  directions  of  the  Law  for  the  sale  of 
Eeal  Estates  by  Executors  and  Administrators,  and  giving  Caution 
to  the  Judge  of  Probate  for  the  County  of  Worcester,  that  the  Money 
arising  by  said  sale  be  applied  to  the  purposes  mentioned  in  y'^ 
Petition.     \^Passed  April  10. 


CHAPTEK    93. 

RESOLVE  IMPOWERING  JACOB  BENNITT,  ADM=,  TO  RECONVEY  LAND 
CONVEYED  AS  SECURITY  FOR  A  DEBT,  THOUGH  NO  BOND  OF  DE- 
FEASANCE WAS  GIVEN  BY  THE   GRANTEE. 


Legislative 
Records  of  the 
Council, 
xxviil.,  140, 

House  Jour- 
nal, pp.  130, 137, 
143. 


A  Petition  of  Jacob  Bennitt  of  Leominster,  Adminis'  of  the 
Estate  of  Elisha  Bennitt  late  of  Lancaster  deceased,  and  of  Jotham 
Bennitt  of  said  Leominster  Yeoman  Setting  forth  that  the  said 
Jotham,  on  the  18""  day  of  Nov"'  1767  was  indebted  to  the  said 
Elisha  in  the  Sum  of  133.6.8  and  for  the  security  of  the  same,  and 
the  Interest  thereof  the  said  Jotham  on  the  same  day  by  his  absolute 
Deed  conveyed  to  the  said  Elisha  his  Earm  in  Leominster  afores'' 
containing  One  hundred  Acres.  That  although  there  never  was  any 
Bond  of  Defeasance  given  by  the  said  Elisha  to  the  said  Jotham,  yet 
as  the  Petitioners  are  certain  that  the  true  Intent  and  design  of  the 
Conveyance  of  the  farm  aforesaid  was  only  to  secure  the  payment 
of  the  aforesaid  Sum,  with  the  Interest :  Therefore  praying  that  the 
said  Jacob  Admin''  as  aforesaid  may  be  impowered  to  reconvey  the 
said  farm  to  tlie  said  Jotham,  upon  his  paying  the  aforesaid  Sum 
of  £133.6.8     and  the  Interest  thereof 

[Read  and] 

Resolved  that  the  Prayer  of  the  above  Petition  be  granted,  and 
that  the  said  Jacob  Bennitt  as  Administrator  on  the  Estate  of 
Elisha  Bennitt  dec''  Intestate,  be  and  is  hereby  authorized  and  im- 
powered to  reconvey  the  Premisses  to  the  said  Jotham  Bennitt  his 
Heirs  &  Assigns,  he  paying  to  the  said  Jacob  Administrator  as 
aforesaid  the  sum  in  the  Pet"  mentioned  with  the  Interest  thereof, 
which  shall  be  considered  as  Assets  in  the  Hands  of  said  Adminis- 
trator and  applied  accordingly.     \_Passed  April  10. 


[2d  Sess.]     Province  Laws  (iJeso^ues,  ete.).  — 1769-70.  419 


CHAPTER    94. 

RESOLVE   ALLOWING  A  COPY    OF    THE    PROVINCE    LAWS    TO    THE    DIS- 
TRICT  OF   WARE. 

A  Petition  of  William  Breakenridge,  in  behalf  of  the  District  Legislative 
of  Ware,  setting  forth,  that  the  said  District  hath  been  incorporated  council*,"  * 
ever  since  the  year  1761,  and  hath  never  yet  been  furnished  with  xxviii.,  ui. 
the  province  Laws  And  praying  that  the  said  District  may  now  be  n^j^^^f^"''' 
allowed  them  at  the  publick  Expence. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  furnished  with  the  Perpetual  and  temporary  Laws,  for 
the  Benefit  of  the  District  of  Ware,  at  the  Expence  of  this  Govern- 
ment as  prayed  for.     [Passed  April  10. 


CHAPTER    95. 

RESOLVE   IMPOWERING  SARAH   FILLEBROWN,   ADM'',  TO   SELL   REAL 
ESTATE. 

A  Petition  of  Sarah  Fillebrown,  Administratrix  of  the  Estate  of  Legislative 
John  Fillebrown  late  of  Boston  Distiller  dec*  Setting  forth      that  coancif,"     * 
the  said  deceased  died  siezed  of  one  Moiety  or  half  part  of  a  Distil  x-xviii.,  U3. 
House  and  Utensils  suitable  for  the  same  in  Boston  aforesaid     That  ^XT  irXs 
at  the  time  of  his  decease  he  was  indebted  more  than  the  whole  Province 
Amount  of  all  his  other  Estate     That  to  sell  a  part  of  the  said  de-  chap?'io."  ^^^' 
ceased's  Interest  in  the  said  Distil  House  would  greatly  prejudice 
the  Remainder.  And  praying  that  she  may  be  impowered  to  make 
sale  of  the  whole  thereof,  the  Money  arising  by  such  sale,  (after 
payment  of  the  Debts)  to  be  disposed  of  according  to  Law 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that 
the  Petitioner  be  and  she  hereby  is  impowered  in  her  Capacity  as 
Administratrix,  to  make  sale  of  the  Moiety  or  half  part  of  the  Still 
House  &  Utensils  within  mentioned,  for  the  most  the  same  will 
fetch,  and  to  make  and  execute  a  good  deed  of  the  same  to  the  pur- 
chaser thereof,  she  observing  the  directions  of  the  Law,  relating  to 
the  sale  of  Real  Estates  by  Executors  and  Administrators,  and  giving 
sufficient  Security  to  the  Judge  of  Probate  for  the  County  of  Suffolk, 
that  the  proceeds  of  said  sale  be  aj)plied  to  the  purposes  within- 
mentioned.     [Passed  Ajjril  10. 


CHAPTER    96. 

RESOLVE  APPOINTING  CAP^  DWIGHT    TO    SURVEY    PROV<"=    LANDS     TO 
Y"'   WESTWARD. 

Resolved  that   Cap'   Nathaniel   Dwight   be    hereby  appointed  a  Legislative 
Comm*^  in  behalf  of  this  Province  to  make  Enquiry,  and  endeavor  counci?  "^  ""^ 
to  find  out,  all  the  unaj)ijropriated  Lands  belonging  to  this  Province,  xxviii.,'i45. 


420 


Province  Laws  {Resolves,  etc.) .  — 1769-70.     [Chap.  97.] 


House  Jour- 
nal, pp.  136, 137. 


lyiug  either  within  the  County  of  Hampshire  or  Berkshire,  and  to 
make  and  lodge  in  the  Secretary's  Office  as  soon  as  may  be  true  and 
accurate  Plans  of  the  several  Tracts  and  Parcells  of  such  unappro- 
priated Lands,  therein  expressing  the  Bounds  and  Quantity  of  each 
Tract,  with  such  Certainty  that  the  General  Court  may  act  with 
knowledge  and  safety,  in  the  disposition  of  the  same.  [Passed 
April  10. 


CHAPTEK    97. 


RESOLVE  REQUIRING  THOMAS  RICE  TO  CALL  A  TOWN  MEETING  AT 
POWNALBOROUGH  FOR  CHOOSING  TOWN  OFFICERS  AND  TRANSACT- 
ING OTHER  BUSINESS. 


Legislative 
Records  of  the 
Council, 


House  Jour- 
nal, pp.116, 117 


A  Petition  of  Thomas  Rice  of  Pownalborongh  in  behalf  of  said 
Town;  Setting  forth  That  in  March  1768  tlie  Inhabitants  of  said 
Town  had  their  annual  Meeting  agreable  to  Law,  at  which  Meeting, 
they  made  choice  of  three  selectmen,  whom  also  they  chose  Assessors, 
of  whom  the  Petitioner  was  one  That  in  the  Month  of  July  fol- 
lowing one  of  said  Select  men  sailed  for  England,  and  about  the 
same  time  the  other  was  removed  by  death,  so  that  there  not  being 
the  Majority  of  the  Assessors  left,  none  of  the  Monies  raised  at  said 
Meeting  have  been  assessed  upon  the  Inhabitants,  by  means  whereof 
the  said  Town  labours  under  great  disadvantages  That  the  said 
Town  have  not  had  any  Meeting  since,  as  the  Petitioner  apprehended 
he  (being  but  a  Minor  part  of  the  Selectmen  chosen)  could  not  call 
one  himself,  so  that  the  said  Town  is  in  great  disorder  And 

praying  Relief. 

[Read  and] 

Resolved  that  Thomas  Rice  Esq'  Petitioner,  in  behalf  of  the 
Inhabitants  of  the  Town  of  Pownalborough,  be  and  hereby  is  re- 
quired and  impowered  to  issue  his  Warrant  directed  to  the  Persons 
chosen  Constables  for  the  said  Town,  in  the  year  1768,  requiring 
tliem  or  either  of  them  to  notify  and  warn  the  Freeholders,  &  other 
Inhabitants  in  said  Town,  qualified  according  to  Law  to  vote  in 
Town  Meetings  to  assemble  at  such  time  and  place,  as  in  and  by 
said  Warrant  shall  be  required,  to  chuse  such  Officers  as  by  Law 
Towns  are  required  to  do,  in  the  Month  of  March  annually,  &  further 
to  consider  &  determine  such  other  matters  and  things  as  shall  be 
mentioned  in  the  said  Warrant.  And  the  Assessors  that  shall  or  may 
be  chosen  at  said  Meeting  are  hereby  required  and  impowered  to 
assess  such  Sums  of  Money  as  were  granted  by  the  said  Town  in  the 
Month  of  March  1768,  for  defreying  the  Charges  arisen  in  said 
Town,  also  all  County  Charges  required  to  to  '  be  assessed  on  the  In- 
habitants of  said  Town  in  the  years  1768,  and  1769,  and  the  Province 
Tax  assessed  on  said  Town  the  last  year,  and  the  Province  Treasurer 
&  Assessors  afores'^  respectively  are  impowered,  and  directed  to  issue 
their  Warrants  to  the  Constables  or  Collectors  that  may  be  chosen 
at  said  Meeting  to  levy  &  collect  the  same,  and  the  said  Constables 
or  Collectors  are  required  to  collect  and  pay  the  same  as  in  and  by 
the  said  Warrants  shall  be  directed  and  ordered.     [Passed  April  10. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  421 


CHAPTEE    98. 

RESOLVE   CONFIRMING  THE    ACTS    OF    THE    ASSESSORS    OF    FALMOUTH 
FOR   THE    YEARS    1764-1768. 

A  Petition  of  Thomas  Smith  jun'  in  behalf  of  the  first  Parish  R^f'^^'"! ,,, 
in  Falmouth,  in  the  County  of  Cumberland  Setting  forth     that  council, 

Peter  Noyes  a  Parish  Assessor,  iu  the  years  1764,  1765,  1766,  1767,'  ^'^''"'-  "^- 

&  1768,  had  omitted  taking  the  Oaths  by  Law  required;  the  two  ^al^ppAwTisi, 
other  Assessors  being  duly  sworn  it  was  not  thought  necessary,  that  i52,'i63. 
the  said  Peter  should  be  sworn;  by  reason  whereof,  the  legality  of 
the  Bills  of  Assessment,  and  Warrants  for  those  years  may  be  dis- 
puted, and  the  Collection  of  Rates  outstanding  be  prevented.  And 
praying  that  the  Acts  and  Doings  of  said  Assessors  for  the  said 
Years  may  be  made  valid,  the  Omission  aforesaid  notwithstanding. 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition,  [be  granted]  '  and  that 
the  Assessments  made  and  the  Warrants  issued  by  the  Assessors  of 
the  first  Parish  in  Falmouth,  for  the  years  1764, 1765,  1766,  &  1767, 
&  1768,  be  &  hereby  are  and  shall  be  to  all  Intents  and  Purposes 
held  good  and  valid  notwithstanding  Peter  Noyes  one  of  the  Assessors 
for  said  years,  omitted  to  take  the  Oaths  required  by  Law  previous 
to  making  said  Assessments,  or  issuing  such  Warrants;  it  appearing 
that  said  Peter  hath  since  sworn,  that  in  making  the  Rates  for  those 
several  years,  he  acted  impartially  and  faithfully,  according  to  Law, 
and  his  best  Skill  and  Judgment.     [^Passed  Ajn-il  IS. 


CHAPTER    99. 

RESOLVE  IMPOWERING  THE  JUSTICES  OF  THE  COMMON  PLEAS  OF  CUM- 
BERLAND COUNTY  TO  RECTIFY  A  MISTAKE  IN  THE  RECORD  OF  A 
JUDGMENT. 

A  Petition  of  David  Aldin     Setting  forth,  that  at  the  Inferior  Legislative 
Court  of  Common  Pleas  held  at  Falmouth  for  the  County  of  Cum-  councu  "'""^ 
berland,  in  October  1767,  he  recovered  Judgment  against  Charles  xxTiii.,'i59. 
Woodbury  for  Debt  and  Costs     That  through  the  Neglect  of  the  House  Jour- 
Petitioners  Attorney,  the  Jury's  Fees,  and  the  Petitioners  Attend-  °''1,pp.i44,146. 
ance  are  omitted  in  the  Bill   of  Costs     That  the   Petitioner  has 
applied  to  the  said  Court  to  rectify  the  said  Mistake,  but  finds  that 
it  is  not  in  their  power  to  do  it     And  praying  Relief. 

[Read  and] 

Resolved  that  the  Justices  of  the  Court  of  Common  Pleas  for  the 
County  of  Cumberland  be  impowered  to  rectify,  the  Mistake  men- 
tioned in  said  Petition,  at  their  next  sitting,  or  any  time  after,  at 
their  sitting  in  said  County ;  and  that  the  Defendant  in  said  Action, 
or  his  Attorney  be  notified  of  the  time  of  taxing  said  Bill.  [Passed 
April  IS. 

*  Inserted  from  the  House  Journal,  p.  152. 


422 


Province  Laws  (Eetiolves,  ete.).  — 1769-70.  [Chaps.  100,  101.] 


CHAPTER    100, 


RESOLVE  IMPOWERING  THE  GUARDIANS  OF  THE  CHILDREN  OF  JOSEPH 
ABBOT,  JR.,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  RE- 
GARD  TO  THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
.\xviii.,  160. 


Province 
Laws,  11., 
chap.  10. 


A  Petition  of  Henry  Abbot  juu^  Joshua  Holt,  &  John  Abbot  the 
'4*''  Guardians  of  the  Children  of  Joseph  Abbot  jun''  late  of  Andover 
deceased  setting  forth  That  the  Estate  of  the  said  dec"*  consists 
mS^ppfuTfiis.  ^^  between  fifty  &  sixty  Acres  of  Laud  with  an  old  dwelling  House 
and  Barn  standing  thereon,  and  one  quarter  part  of  a  Grist  Mill,  on 
Shawshin  Eiver  in  said  Andover  That  tlie  Expences  of  keeping 
the  premisses  in  repair,  amounts  to  near  as  much  as  the  Eent 
thereof  That  the  House  and  Barn  being  much  decayed  requires  a 
considerable  Expence  to  be  immediately  laid  out  upon  them,  or  they 
will  become  of  but  little  Value,  and  that  the  Fences  enclosing  said 
Land,  are  daily  going  to  decay  That  it  would  be  greatly  for 

the  Advantage  of  the  Heirs,  if  the  said  Estate  was  sold,  and  the 
Money  placed  at  Interest  for  them.  And  praying  that  they  may  be 
impowered  to  sell  the  same  accordingly;  they  to  be  accountable. 

[Eead  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
said  Guardians  be  and  they  accordingly  are  hereby  impowered  to 
sell  all  the  Estate  in  their  Petition  mentioned  for  the  most  the  same 
will  fetch  and  give  sufficient  Deed  or  Deeds  thereof,  they  observing 
the  rules  of  the  Law  relative  to  the  sale  of  Real  Estates  by  Executors 
and  Administrators,  and  giving  sufficient  Security  to  the  Judge  of 
Probate  for  the  County  of  Essex,  that  the  Proceeds  of  said  sale, 
shall  be  applied  as  follows.  Viz'  that  there  shall  be  paid  to  the  Widow 
of  the  dec"^  the  Interest  of  one  third  part  thereof  annually,  during 
her  natural  life  for  her  Support,  and  after  her  decease  the  same  to 
be  divided  to  and  among  the  respective  Heirs  of  the  said  Joseph, 
or  their  legal  Representatives,  agreable  to  Law,  and  that  the  other 
two  thirds  shall  be  put  out  to  Interest  for  the  Benefit  of  the  Children 
of  the  deceased,  and  be  paid  to  them  respectively  at  lawful  Age,  or 
their  legal  Representatives,  such  proportion  as  they  would  inherit, 
had  the  said  Estate  not  been  sold  as  aforesaid.     [Passed  April  IS. 


CHAPTEE    101. 

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


Records'of  the       ^  PETITION  of  Abijah  Ingalls  of  Andover  Administ'  of  the  Estate 

Council,  of  Jonathan  Hutchinson  late  of  s'*  Andover  dec''  Intestate     Setting 

xxvm.,  161. —  forth     That  the  Debts  due  from  the  Estate  of  the  said  dec''  exceed 

ma"pp!'ii7^i47.  tli6  personal  Estate  by  the  sum  of  £94  that  to  sell  so  much  of  the 

Province  '       Real  Estate  of  the  said  dec"*  as  will  be  sufficient  to  discharge  the 

chap.  10.''     '    said  Debts,  will  render  the   remaining  part  of  but  little  Value; 

the  whole  whereof  is  appraised  at,  but  £260  And  praying  that  he 

may  be  impowered  to  make  sale  of  the  whole  of  the  Real  Estate  of 

the  said  dec''  he  to  be  accountable 

[Read  and] 

Resolved  that  the  Prayer  of  the  foregoing  Petition  be  granted  and 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1769-70.  423 

that  the  said  Abijah  be,  and  he  accordingly  is  hereby  fully  impow- 
ered  to  sell  all  the  Estate  in  his  Petition  mentioned  for  the  most 
the  same  will  fetch,  and  make  and  execute  a  good  &  sufficient  Deed 
or  Deeds  thereof,  he  observing  the  Rules  and  directions  of  the  Law, 
respecting  the  sale  of  Eeal  Estates  by  Executors  and  Administrators, 
and  giving  sufficient  Security  to  the  Judge  of  Probate  for  the  County 
of  Essex  that  the  Proceeds  of  said  [sale]  '  shall  be  applied,  as  fol- 
loweth,  Viz'  that  the  Interest  of  one  third  part  thereof  shall  be  an- 
nually paid  to  Elizabeth  Hutchinson,  the  Widow  of  the  said  Jonathan 
Hutchinson  dec"*  for  her  Support,  during  her  natural  life,  and  after 
her  decease  the  same  shall  be  paid  to  the  Heirs  of  the  said  Jonathan, 
or  tlieir  legal  Representatives,  agreable  to  Law,  and  that  the  other 
two  thirds  thereof,  be  apiDlied,  first  to  pay  the  just  Debts  of  the  said 
deceased,  which  the  personal  Estate  was  not  sufficient  to  pay,  and 
the  Residue  thereof  be  paid,  to  the  Heirs  of  the  said  deceased,  or 
their  Guardians  for  their  use,  in  such  proportion  as  they  would  have 
received  their  respective  parts,  or  Portions  of  said  Estate,  if  the 
same  had  not  been  sold  as  aforesaid.      [Passed  April  13. 


CHAPTER    102, 


RESOLVE  IMPOWERING  SARAH  CHIPMAN  AND  WILLIAM  RIPLEY  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Sarah  Chipman  Widow  of  Seth  Chipman  late  of  Legieiative 
Kingston  in  the  County  of  Plymouth  Mariner  dec'^  and  of  William  cmmc'if, "*  *'' 
Ripley  Father  of  the  said  Sarah  Setting  forth     That  the  said  de-  xxYiii..'i64. 
ceased  died  siezed  of  a  Real  Estate  in  Kingston  aforesaid,  consisting  ^"^"^^ "','!„'';. 
of  a  dwelling  House  &  Barn  and  twelve  Acres  of  homestead  Laud,  p'rovm'ce  ' 
and  about  fifty  Acres  of  Woodland.  That  the  Estate  of  the  said  de-  chapao."^^^' 
ceased  being  in  debt,  part  of  the  Real  Estate  afores''  Viz'  four  Acres 
from  the  Homestead,  and  thirty  Acres  of  the  Woodland  was  sold  by 
the  Admi"'  of  the  said  Estate  to  discharge  the  same,  which  has  been 
found  insufficient  for  that  purpose  by  the  Sum  of  £31.16.7  that  the 
Buildings  aforesaid,  and  the  Fences  enclosing  the  Land  are  daily 
decaying,  and  the  remaining  part  of  the  Woodland  very  much  stript 
of  the  Wood,  so  that  it  would  be  greatly  for  the  Advantage  of  the 
Widow  &  Children  of  the  said  deceased;  (being  two  daughters,  the 
eldest  not  more  than  five  years  of  age)  if  the  whole  of  the  Real 
Estate  aforesaid  yet  remaining  unsold  was  disposed  of,  &  the  pro- 
ceeds thereof  (after  payment  of  the  Debts  still  due  from  the  said 
deceased's  Estate)  put  out  at  Interest  for  them.  And  praying  that 
they  may  be  impowered  to  sell  the  same  accordingly,  they  to  be 
accountable.  The  administrator  of  the  said  deceased's  Estate  having 
refused  to  Act  any  further  in  that  Capacity 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted,  and  that 
the  Petitioners  be,  and  they  are  hereby  authorized  and  impowered  to 
make  sale  of  the  whole  of  the  Real  Estate  of  the  within  mentioned 
Seth  Chipman  dec"^  for  the  most  the  same  will  fetch,  and  to  make 
and  execute  a  good  Deed  or  Deeds  of  the  same,  to  the  Purchaser  or 
purchasers  thereof,  they  observing  the  directions  of  the  Law  for  the 
sale  of  Real  Estates  by  Executors  &  Admin"  and  giving  sufficient 

'  Inserted  from  House  Journal,  p.  147  (April  13,  1770) . 


424 


Province  Ij&vis  {Resolves, etc.).  — 1769-70.     [Chap.  103.] 


Security  to  the  Judge  of  Probate  for  the  County  of  Plymouth,  that 
the  Money  arising  by  said  sale,  be  applied,  so  much  as  is  sufficient 
for  the  payment  of  said  deceased's  Debts,  and  the  Overplus  put  to 
Interest  for  the  Benefit  of  the  Widow  and  Heirs.     \^Passed  April  IS. 


CHAPTEE    103 


RESOLVES  IMPOWERING  CHARLES  PYNCHON  AND  OTHERS,  EXECUTORS, 
TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxviii.,  165. 

House  Jour- 
nal, pp.  142, 146, 


A  Petition  of  Charles  Pynchon  Physician,  Jon^  Dwight  Yeoman, 
and  Elizabeth  Dwight  Widow,  all  of  Springfield.  Setting  forth  That 
they  with  John  Worthington  Esq'  of  said  Springfield  were  by  Josiah 
Dwight  Esq'  late  of  said  Springfield  dec"*  appointed  Executors  of 
his  last  Will  &  Testament  That  the  said  Josiah  by  his  said  Will 
impowered  his  said  Executors  and  the  survivors  of  them  to  make 
sale  of  sundry  parts  and  jjarcels  of  his  Eeal  Estate  for  certain  pur- 
poses That  the  Petitioners  have  proved  the  s'*  Will  and  accepted 
the  said  Trust,  which  the  said  John  hath  declined.  And  praying 
that  for  answering  the  good  Ends  proposed  by  the  said  Testator, 
they  &  the  Survivors  of  them  may  be  impowered  may  be  impowered  ' 
to  make  sale  of  such  parts  of  the  Real  Estate  of  which  the  s'*  Tes- 
tator died  siezed,  and  make  good  and  sufficient  Conveyances  thereof, 
in  the  same  manner,  and  to  the  same  purposes,  without  the  partici- 
pation of  the  said  John,  as  they  and  he  might  together  have  done, 
by  virtue  of  the  said  Will.  And  also  setting  forth,  that  the  said  Tes- 
tator after  executing  his  said  Will  mentioned  to  one  of  the  Peti- 
tioners, that  if  any  Mortgagers  of  any  Lands  to  him  should  thereafter 
be  able  &  desirous  to  redeem  the  same,  that  he  desired  the  same 
might  be  released  to  them  by  his  Executors  on  like  terms  and  Con- 
ditions as  if  the  time  of  Eedemption  thereof  by  Law  was  not  elapsed, 
but  that  he  omitted  to  make  any  Provision  of  Power  to  them  there- 
for; that  one  or  two  Instances  have  already  appeared,  and  others 
hereafter  probably  may,  of  such  Cases  of  Mortgagers  who  have  lost 
their  right  of  Redemption,  who  would  now  gladly  redeem,  and  where 
the  Redemption  wovild  probably  be  for  the  Advantage  both  of  the 
Mortgagers,  &  the  Heirs  And  praying  that  they  may  be  impowered 
by  this  Court  for  the  purposes  aforesaid,  upon  the  Mortgagers  pay- 
ing the  Mortgage  Money,  and  the  Interest  thereof  And  whereas  the 
said  Josiah  in  his  life  time  purchased  one  twelfth  part  of  a  Saw  Mill, 
standing  on  Mill  River  so  called  at  the  South  End  of  the  Town 
Street  near  the  house  of  Zachariah  Warner  Jun'  in  said  Springfield 
for  no  other  end,  but  only  to  oblige  the  said  Zftchariah,  and  with 
design  to  convey  the  same  to  him,  whenever  he  should  be  able  to 
pay  the  purchase  Price  and  Interest,  which  the  said  Zachariah  is 
now  able  &  desirous  to  do ;  therefore  praying  that  they  may  be  enabled 
to  convey  the  same  to  the  said  Zachariah,  on  his  paying  the  s"*  pur- 
chase Money,  and  Interest  thereof,  for  the  use  of  the  Heirs  agreable 
to  the  tenor  of  said  Will. 

[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  granted,  and  that  the 
Petitioners,  and  the  Survivors,  or  Survivor  of  them,  in  their  said 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  425 

Capacity,  be  [and]  '  they  accordingly  are  hereby  impowered,  to  make 
sale  of  such  parts  of  the  said  Real  Estate,  and  make  good  &  suffi- 
cient Conveyances  and  Assurances  tliereof,  in  the  same  manner,  and 
to  the  same  purposes,  without  the  participation  of  the  said  John 
Worthington  Esq''  as  they  all  might  have  done  together,  by  virtue 
of  said  Will.  And  further 

Resolved  that  the  said  Petitioners  and  the  Survivors,  or  Survivor 
of  them  be  and  they  accordingly  are  hereby  impowered  (during  the 
Execution  of  his  her,  or  their  trust)  to  release  to  the  Mortgagers, 
or  their  Heirs,  the  Right,  or  Eights  of  the  Ileirs  of  the  said  Tes- 
tator, to  any  such  Land,  or  Real  Estate,  mortgaged  to  him  in  his 
life  time,  upon  the  said  Mortgager  or  Mortgagers  paying  to  the  said 
Executors,  or  the  Guardians  of  the  Children  of  the  said  Josiah 
Dwight  Esq'  dec"*  for  their  nse,  the  Mortgage  Money,  and  the  Interest 
thereof  notwithstanding  the  time  by  Law  limited  for  the  Redemption 
thereof  is  elapsed.  And  further, 

Resolved  that  the  said  Petitioners  be,  &  they  accordingly  are 
hereby  impowered  to  convey  to  Zachariah  Warner  Jun"^  of  Spring- 
field, the  twelfth  j)art  of  the  Saw  Mill  in  their  Petition  mentioned, 
upon  his  paying  to  them,  or  the  Guardians  of  the  Heirs  of  the  Tes- 
tator the  purchase  Money  of  the  same,  and  the  Interest  thereof,  for 
the  use  of  said  Ileirs  in  such  proportion,  and  in  the  same  manner, 
as  is  ordered  by  the  Testator,  in  case  the  said  Interest  in  said  Saw 
Mill  had  remained  to  said  Estate.     [Passed  April  IS. 


CHAPTER    104. 

RESOLVE  GRANTING  750  ACRES  OF  EQUIVALENT  LANDS  TO   THE   TOWN 
OF   UXBRIDGE. 

On  the  Petition  of  Ezekiel  Wood  Representative  for  the  town  of  Legislative 
Uxbridge,  in  behalf  of  said  town,  shewing  that  the  great  &  General  council, 
Court  of  this  Province  at  their  Session  in  May  1737,  granted  five  x^^">-.  i^'- 


hundred  Acres  of  unappropriated  Lands  of  said  Province  to  said  n°"pp"'i34''ir,i 
town,  whicli  fell  within  New  Hampshire  on  running  the  line  between  Province 
this  Province  and  that  chi^)!'26o!''   '  ' 

Resolved  that  in  lieu  thereof,  there  be  hereby  granted  to  the  Inhab- 
itants of  said  town  of  Uxbridge,  Seven  hundred  &  fifty  Acres  of  the 
unappropriated  Lands  of  this  Province,  and  that  tliey  return  a  Plan 
thereof,  taken  by  a  Surveyor  &  Chainmen  under  Oath,  into  the  Secre- 
tary's Office  within  twelve  Months  from  this  day,  in  order  for  Con- 
firmation.    \_Passed  April  14. 


CHAPTER    105. 

RESOLVE    IMPOWERING    RACHEL    MASTERS    AND     RICHARD     HICKLING, 
ADM"*,   TO   EXECUTE   A   DEED. 

A  Petition  of  Edward  Potter  of  Boston  Cooper,  and  of  Eachel  Legislative  ^^ 
Masters,  and  William  Hickling  as  they  are  Administrators  of  the  councif," 
Estate  of  Philip  Masters  late  of  said  Boston  Retailer  dec*  Setting  ^^v'"-  les- . 


Inserted  from  the  State  Library  copy,  Legislative  Records  of  the  Council,  xxviii., 


426  PROv^^-CE  Laws  {Resolves, etc.).  — 1769-70.     [Chap.  10(3.] 

mXpp^ii'i'^ioi  ^°'"^'^  ''^^'^*'  ^'^6  Petitioner  Edward  Potter  in  the  life  time  of  tlie  said 
153.'  '     '  Philip  Masters,  Viz'  on  the  17""  day  of  June  1761     for  the  Consid- 

eration Sum  of  One  hundred  Pounds  bought  &  purchased  of  said 
Philip  a  certain  piece  of  Land  near  Oliver's  Dock,  so  called,  &  then 
paid  to  said  Philip  the  greatest  jDart  of  said  Sum  &  gave  him  security 
for  the  Kemainder  thereof,  but  it  so  happened,  that  the  said  Philip 
soon  after  died  without  executing  a  Deed  to  the  said  Edward 

That  the  said  Edward  hath  paid  (to  the  Petitioner's  Adminis- 
trators aforesaid)  since  the  death  of  the  said  Philip,  the  remainder 
of  said  jjurchase  Consideration.  And  praying,  that  the  said  Rachel 
&  William,  the  Administrators  aforesaid  may  be  impowered,  to  give 
&  execute  unto  the  said  Edward  a  good  &  legal  Deed  of  the  piece 
of  Land  aforesaid,  in  as  full  and  effectual  a  manner,  as  if  said  Deed 
had  been  given  by  said  Intestate  in  his  life  time. 

[Read  and] 

Resolved  that  the  said  Administrators  with  such  Children  of  the 
said  deceased  as  are  of  the  age  of  twenty  one  years  be  hereby  author- 
ized and  impowered  if  they  see  meet  to  execute  to  the  said  Edward 
Potter  a  Deed  of  bargain  and  sale  of  the  said  piece  of  Land  in  fee 
simple ;  and  that  such  Deed  so  executed  shall  be  as  valid  and  eflectual 
to  all  intents  and  piirposes  to  vest  the  said  Edward  Potter  with  an 
Estate  in  said  Land  as  if  the  said  deceased  had  made  his  Deed 
thereof  to  the  said  Edward  in  his  life  time:  and  that  such  Deed 
when  executed  shall  be  in  full  satisfaction  and  discharge  of  all  the 
Sums  of  money  which  the  said  Edward  has  paid  for  said  piece  of 
Land  either  to  the  said  deceased  in  his  life  time  or  to  the  said 
administrators  since  his  death.     \_Passed  A2}ril  16. 


CHAPTEE    106. 

RESOLVE  IMPOWERING  OLIVER  PRESCOTT,  ADM=,  TO  SELL  REAL  ESTATE 
AND  MAKING  PROVISION   IN  REGARD   TO  THE  PROCEEDS. 

Legislative  A  PETITION  of  Oliver  Prescott  Administrator  of  the  Estate  of 

Council,  Aaron  Farnsworth  late  of  Groton  deceased     Setting  forth,  That  the 

xxTiu.,  170.       debts  due  from  the  Estate  of  the  said  deceased  amount  to  about 
naTpp^'m'^ise  -'^igli*'!  pounds  more  than  the  said  deceaseds  Personal  Estate     That 
Province  '_     '  the  Real  Estate  of  which  the  said  Aaron  died  siezed  consists  of 
cha^^'io.''  °  '     twenty  four  Acres  of  Land  with  the  Buildings  thereon  and  about 
thirteen  Acres  of  poor  Pine  Land  in  said  Groton  the  whole  apprized 
at  £146 :     That  the  deceased  left  seven  Children,  two  of  whom  are 
Minors  and  the  others  are  unable  to  purchase  any  of  said  Lands, 
they  being  in  necessitous  circumstances.  And  praying  that  he  may 
be  impowered  to  make  sale  of  the  whole  of  the  Real  Estate  afore- 
said; the  Money  arising  thereby,  after  payment  of  the  debts,  to  be 
distributed  to  and  among  the  Heirs  according  to  Law;  he  to  be 
accountable. 
[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  is  hereby  fully  impowered  to  make  sale  of  the 
Real  Estate  within  mentioned  for  the  most  the  same  will  fetch,  and 
to  make  and  execute  a  good  Deed  or  deeds  of  the  same  to  the  pur- 
chaser or  purchasers  thereof,  he  observing  the  directions  of  the 
Laws  relating  to  the  sale  of  Real  Estates  by  Executors  and  Admin- 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  427 

istrators  and  giviug  sufficient  security  to  the  Judge  of  Probate  for 
the  County  of  Middlesex  that  the  Money  arising  by  said  sale  be 
applied  to  the  payment  of  the  said  deceaseds  just  debts,  and  the 
overplus,  if  any  be,  be  distributed  among  the  Heirs  according  to 
Law.     \^Passed  April  16. 


CHAPTEE    107. 

RESOLVE  IMPOWERING  JAS.  RUSSELL  AND  JON-^  SEWALL,  EXECUTORS, 
TO  EXECUTE  A  DEED  AND  SARAH  ATKINS,  GUARDIAN,  TO  RELEASE 
A   LEGACY. 

A  Petition  of  James  Russell  and  Jonathan  Sewall  Esq"  Executors  Legislative 
of  the  last  Will  and  Testament  of  Chambers  Russell  late  of  Lincoln  coSn^r*""' 
in  the  County  of  Middlesex  Esq'  deceased  Setting  forth  That  the  xxviii.,'i7i. 
said  Testator,  among  other  things,  did  give  and  bequeath  to  his  House  Jour- 
niece  Mary  Russell  Atkins  the  Sum  of  One  thousand  pounds  lawful  u6,'iM'.  '  ' 
money  to  be  paid  her  at  her  Marriage  or  when  she  shall  arrive  at  the 
age  of  twenty  one  years  which  should  first  happen.  And  ordered  that 
the  said  Sum  should  be  raised  by  the  sale  of  his  Real  Estate  and  be 
put  out  at  Interest  upon  good  security  and  the  Interest  thereof  be 
paid  annually  towards  the  support  and  Education  of  the  said  Mary 
Russell  Atkins  That  since  the  death  of  the  said  Testator  which 
hapned  in  Novem''  1766  the  Petitioners  have  been  endeavouring  to 
miake  sale  of  some  part  of  the  said  deceaseds  Real  Estate  for  the 
payment  of  his  just  debts  and  for  raising  the  aforesaid  Sum,  but 
have  not  been  able  to  effect  the  same  That  the  said  Mary  Russell 
Atkins  by  Sarah  Atkins  her  Mother  and  Guardian  has  commenced 
an  action  against  the  said  Executors  for  the  Interest  of  the  afore- 
said Sum,  and  has  recovered  Judgment  for  the  same,  and  that  the 
said  Executors  have  no  means  of  paying  the  Interest  aforesaid  for 
the  time  jiast  or  to  come  but  by  shewing  the  said  Real  Estate  and 
suffering  the  same  to  be  taken  to  satisfy  the  Judgments  which  shall 
from  time  to  time  be  recovered  against  them  annually,  in  which  case 
the  whole  Estate  will  be  unavoidably  spent  before  the  said  Mary 
Russell  Atkins  arrives  at  the  age  of  twenty  one  and  nothing  will  be 
left  for  payment  of  the  principal  For  these  reasons  the  said  Execu- 
tors, the  said  Guardian  on  behalf  of  her  said  Daughter  and  Ward, 
and  Charles  Russell  the  residuary  Legatee  have  agreed  that  the  said 
Executors  shall  convey  by  Deed  to  the  said  Mary  Russell  Atkins  so 
much  of  the  Real  Estate  as  indifferent  men  to  be  mutually  chosen, 
shall  adjudge  to  be  worth  the  said  Sum  of  One  thousand  pounds, 
and  that  the  Interest  now  due  shall  be  paid  up,  and  that  thereupon 
the  said  Guardian  shall  execute  and  deliver  to  the  said  Executors  a 
full  release  and  discharge  of  the  aforesaid  Legacy;  but  that  the 
Parties  to  the  aforesaid  agreement  are  in  doubt  whether  such  Release 
can  be  made  by  the  said  Guardian  without  the  aid  of  this  Court  to 
render  the  same  valid,  inasmuch  as  the  said  Legacy,  by  the  Will,  is 
not  to  be  paid  before  the  said  Legatee  is  of  full  age  or  married.  And 
praying  the  aid  of  this  Court  accordingly 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  said  Execu- 
tors be  and  they  hereby  are  impowered  to  execute  to  Mary  Russell 
Atkins  a  Deed  in  fee  simple  of  so  much  Land  or  Real  Estate  of  the 
said  deceased  as  shall  amount  to  the  value  of  the  Legacy  bequeathed 


428 


Province  LiXws  (Besolves,  etc.) .  — 1769-70.  [Chaps.  108,  109.] 


to  her  in  said  Will  in  the  Judgment  of  indifferent  men  chosen  as 
is  proposed  in  said  Petition,  and  that  Sarah  Atkins  mother  and 
Guardian  of  said  Mary  Russell  Atkins  be  &  hereby  is  impowered  on 
the  making  and  executing  such  Deed  by  said  Executors  to  the  satis- 
faction of  said  Guardian  and  upon  payment  of  tlie  Interest  accord- 
ing to  said  Will,  to  make,  execute  and  deliver  a  full  Eelease  of  the 
Legacy  aforesaid,  and  such  Release  shall  forever  after  be  valid  and 
suificient  to  discharge  the  said  Executors  from  all  demands  and  to 
bar  all  Actions  that  may  hereafter  be  brought  for,  or  on  account  of 
the  same  Legacy  and  shall  operate  and  be  eflfectual  to  all  intents 
and  purposes  as  if  the  said  Mary  Russell  Atkins  had  been  of  full 
age  and  had  made  such  Release  in  her  own  proper  Person.  [Passed 
April  16. 


Legislative 
Records  of  the 
Council, 
xxviii.,  174. 

House  Jour- 
nal, pp.  137, 156, 


CHAPTER    108, 


RESOLVE   IMPOWERING   ELIZ*   WARNER,   ADM'=,   TO   EXECUTE    A   DEED. 

A  Petition  of  David  Rowe  of  Glocester  and  of  Daniel  Warner 
attorney  to  the  Administratrix  of  the  Estate  of  Philemon  Warner 
juu"'  late  of  said  Glocester  deceased  Setting  forth,  That  the  said 
David  Rowe  in  the  life  time  of  the  said  Philemon  gave  him  a  Bond 
and  notes  of  hand  to  the  amount  of  ^iO,  and  as  security  for  the 
payment  of  the  said  Bond  and  notes  the  said  David  conveyed  by 
Deed  of  Sale  his  House  and  Land  in  Glocester  aforesaid  to  the  said 
Philemon  and  for  no  other  consideration  whatever,  which  (although 
it  is  not  mentioned  in  the  said  Deed  of  Sale)  appears  by  a  \?riting 
under  the  hand  of  the  said  Philemon  exhibited  with  said  Petition. 
And  praying  that  the  said  Administratrix  may  be  impowered  to 
reconvey  the  Premises  to  the  said  David  upon  payment  of  the  Bond 
and  notes  aforementioned. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that 
Elizabeth  Warner  administratrix  on  the  Estate  of  Philemon  Warner 
jun'  late  of  Glocester  deceased,  when  the  said  David  Rowe  shall 
have  discharged  the  Bond  and  notes  mentioned  in  the  Petition  be 
and  she  hereby  is  impowered  to  reconvey  the  House  and  Land  men- 
tioned in  the  Petition  and  execute  a  good  Deed  in  Law  of  the  same 
to  David  Rowe,  it  appearing  that  the  Deed  of  said  House  and  Land 
given  by  said  David  Rowe  to  Philemon  Warner  was  for  securing 
payment  of  a  Bond  and  notes  which  said  David  Rowe  had  given  to 
said  Philemon  in  his  life  time  and  for  no  other  purpose  whatever. 
[Passed  April  17. 


CHAPTER    109, 


RESOLVE   IMPOWERING   ELIZ^   SAWTELL,   ADM'=,  TO  SELL  REAL  ESTATE 
AND   MAKING  PROVISION  IN  REGARD  TO   THE  PROCEEDS. 


Legislative  ^\  PETITION  of  Elizabeth  Sawtell  Administratrix  of  the  Estate  of 

Council,  her  late  Husband  David  Bennett  late  of  Shirley  deceased     Setting 

xxvm..  174. forth.  That  the  Personal  Estate  of  the  said  deceased  is  insufficient 

^aTppiu^ase.  to  pay  his  just  debts  by  the  Sum  of  £8.11.-%  That  the  said  David 


[2d  Sess.J     Province  Laws  {Resolves,  etc.).  — 1769-70.  429 

died  siezed  of  about  fifty  acres  of  poor  Land;  most  of  it  wild  and  £3^3°^"  ^j 
unimproved  with  a  small  House  and  Barn  thereon  That  the  said  chap. '10."' 
deceased  left  three  small  Children,  for  whose  benefit,  as  well  as  the 
Petitioners,  it  would  greatly  be,  if  the  said  Estate  was  sold  and  the 
money  arising  by  the  sale  secured  for  them,  especially  as  the  Eent 
thereof  will  a  very  little  more  than  keep  the  Buildings  in  repair;  and 
that  to  sell  so  much  as  will  be  sufficient  to  pay  the  debts  would  much 
prejudice  the  remainder  of  the  Estate.  And  praying  that  she  may 
be  impowered  to  sell  the  whole  accordingly;  she  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  she  accordingly  is  in  her  said  capacity 
hereby  fully  impowered  to  sell  the  whole  of  the  Real  Estate  in  her 
said  Petition  mentioned  for  the  most  tlie  same  will  fetch,  she  observ- 
ing the  rules  and  directions  of  the  Law  relative  to  the  sale  of  Real 
Estates  by  Executors  and  administrators  and  giving  sufficient 
security  to  the  Judge  of  Probate  for  the  County  of  middlesex  that 
the  Interest  of  one  third  part  of  the  proceeds  of  such  sale  shall  be 
anmially  paid  to  the  Widow  of  said  deceased  for  her  support  during 
her  natural  life  and  after  her  decease  the  same  shall  be  divided  among 
the  Heirs  of  the  said  David  Bennett  deceased  or  their  legal  Repre- 
sentatives, and  the  other  two  thirds  shall  first  be  ajiplied  to  payment 
of  the  debts  of  said  deceased  which  the  Personal  Estate  was  not  suffi- 
cient to  pay,  and  the  residue  thereof  shall  be  paid  to  the  Guardian 
of  the  Children  of  the  said  David  Bennett  deceased  to  be  put  to 
Interest  for  their  use  and  benefit.     \^Passed  April  17. 


CHAPTEE    110. 

RESOLVE  IMPOWERING  HUGH  ORR,  GUARDIAN,  TO  SELL  REAL  ESTATE 
AND  MAKING  PROVISION   IN  REGAKD   TO  THE  PROCEEDS. 

A  Petition  of  Hugh  Orr  Guardian  of  James  Alden,  Adam  Alden,  Legislative 
Joseph  Alden  and  Benjamin  Alden  minors  and  Children  of  John  councif  "^""^ 
Alden  late  of  Bridge  water  deceased     Setting  forth.  That  the  said  xxTiii.,'175. 
minors  stand  siezed  of  about  twenty  nine  Acres  of  Land  with  a  House  Jour- 
House,  Barn  &  other  Buildings  thereon,  devised  to  them  by  their  157.' ''^Vov"^' 
said  Father     That  the  said  Estate  is  not  capable  of  a  division  to  and  '?^«  h''"'°io'" 
among  the  said  Minors  without  great  prejudice  thereto,  and  the   °  •  "^  ''^' 
Buildings  and  Fences  on  the  said  Farm  are  greatly  decayed.  And 
praying  that  he  may  be  impowered  to  make  Sale  of  the  same  for 
their  benefit;  the  Widow  having  released  her  Dower  therein  to  the 
said  minors. 

[Read  and] 

Resolved  that  the  jjrayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  is  hereby  authorized  &  impowered  to  make  sale 
of  the  twenty  nine  acres  of  Land  within  mentioned  for  the  most  the 
same  will  fetch,  and  to  make  and  execute  a  good  Deed  or  Deeds  of 
the  same  to  the  purchaser  or  purchasers  thereof,  he  observing  the 
directions  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  giving  sufficient  security  to  the  Judge  of  Probate 
for  the  County  of  Plymouth  that  the  money  arising  by  said  sale 
together  with  the  Interest  thereof  shall  be  paid  to  the  said  minors 
in  proportion  to  their  Interest  in  said  Land  as  they  shall  respectively 
arrive  at  full  age.     ^Passed  April  17. 


430 


Province  Laws  (ii!eso?i'e5,e<c.).  — 1769-70.   [Chaps.  111-113.] 


Legislative 
Becords  of  the 
Council, 
xxviii.,  176. 

House  Jour- 
nal, pp.  116, 157. 


Legislative 
Records  of  the 
Council, 
xxviii.,  177. 

Mass. 
Archives, 
cxxv.,  387. 
Executive 
Eecords  of  the 
Council,  xvi., 
469.    House 
Journal, 
pp.  117, 123, 159. 


CHAPTEE    111. 

RESOLVE   ALLOWING   19/6   EACH   TO  DIVERS  PERSONS. 

A  Petition  of  Pearson  Eaton,  Isaac  Bayley  and  Moses  Eitter  all 
of  Lunenburg  in  the  County  of  Worcester  Setting  forth,  That  they 
were  summoned  as  Evidences  on  behalf  of  the  King  against  William 
Little  Indicted  for  Barritry  at  October  Term  1766  for  the  County 
of  Middlesex,  but  through  some  neglect  they  were  not  made  up  in 
the  Bill  of  Costs,  by  reason  whereof  they  have  not  received  any  pay 
for  their  Travel  ninety  miles  and  attendance  five  days,  notwith- 
standing the  said  Little  was  Convicted  of  the  said  OfEence:  and 
praying  an  allowance  therefor. 

[Read  and] 

Resolved  that  the  Sum  of  nineteen  shillings  and  six  pence  lawful 
Money  be  paid  out  of  the  Province  Treasury  to  each  of  the  above 
Petitioners  in  full  for  the  Service  in  the  said  Petition  mentioned. 
[Passed  April  17. 


CHAPTEE    112. 

RESOLVE  ALLOWING   £4.  15.  6  TO  THE  TOWN  OF  MEDWAY. 

A  Petition  of  the  Overseers  of  the  Poor  of  the  Town  of  Medway 
Praying  that  they  may  be  reimbursed  what  they  have  expended  for 
the  support  of  one  John  Williams  a  poor  Person  and  a  Native  of 
Exeter  in  old  England.  And  as  he  is  desirous  of  returning  to  his 
native  Country  Praying  that  he  may  be  sent  thither  at  the  expence 
of  the  Government. 

[Read  and] 

Resolved  that  there  be  now  paid  out  of  the  Public  Treasury  the 
Sum  of  four  ijounds,  fifteen  shillings  and  six  pence  to  the  Overseers 
of  the  Poor  of  tlie  Town  of  Medway  for  what  they  have  expended 
towards  the  support  of  John  Williams  a  transient  jDerson  'till  the 
15  of  March  last,  and  that  he  be  transported  as  soon  as  may  be  to 
Great  Britain  at  the  charge  of  this  Province  under  the  direction 
of  the  Overseers  of  the  Poor  of  the  Town  of  medway.  [Passed* 
April  17. 


CHAPTEE    113, 


ORDERS   DISCHARGING   THE   DISTRICT   OF   SOUTH   HADLEY  FROM   CER- 
TAIN TAXES  AND   IMPOSING  THE   SAME   UPON   GRANBY. 


Legislative 
Records  of  the 
Council, 
xxviii.,  ISO. 

House  Jour- 
nal, pp.  108,132, 
133, 151, 165. 
Province 
Laws,  v.,  10, 
chap.  1. 


Whereas  the  Sum  of  Ninety  four  pounds,  one  shilling  and  two 
pence  was  laid  upon  the  District  of  South  Iladley  as  their  propor- 
tion of  the  Province  Tax  for  the  year  1769  and  the  Treasurer  accord- 
ingly issued  his  Warrant  directed  to  the  Selectmen  or  Assessors  of 
said  District  to  apportion  the  same :  And  whereas  the  Selectmen  or 
Assessors  have  apportioned  but  Fifty  three  pounds,  eight  shillings 
and  five  pence  part  of  the  aforesaid  Sum  of  Ninety  four  pounds,  one 
shilling  and  two  pence,  assigning  for  reason  that  forty  pounds, 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  431 

twelve  shillings  aud  nine  pence  which  compleats  the  Sum  of  Ninety 
four  pounds,  one  shilling  and  two  pence  ought  by  Law  to  have  been 
laid  upon  Granby;  therefore 

Ordered  that  the  Treasurer  discharge  the  District  of  South  Had- 
ley  of  the  Sum  of  forty  pounds,  twelve  shillings  and  nine  pence,  and 
issue  out  his  Warrants  to  the  assessors  of  the  Town  of  Granby  re- 
quiring them  to  assess  the  Inhabitants  thereof  the  aforesaid  Sum  of 
forty  pounds,  twelve  shillings  and  two  pence,  which  Warrant  shall 
be  good  to  all  intents  and  purposes  as  if  they  were  Taxed  that  Sum 
in  the  Tax  Act  that  passed  last  June;  And  it  is  further 

Ordered  that  whereas  the  Court  of  General  Sessions  of  the  peace 
for  the  County  of  Hampshire  have  likewise  laid  the  proportion  of 
the  County  Eate  last  assessed  on  South  Hadley  which  ought  to 
have  been  laid  on  the  Town  of  Granby,  the  said  Court  be  and  hereby 
is  impowered  at  any  Session  hereafter  to  make  such  apportionment 
of  County  Eates  on  said  Town  and  District  as  to  correct  the  former 
mistake  and  do  justice  between  them.     [Passed  April  19. 


CHAPTEE    114. 

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

A  Petition  of  Mary  Putnam  Administratrix  of  the  Estate  of  her  Legislative 
late  Husband  John  Putnam  jun"'  late  of  Sutton  deceased     Setting  councif, °*  *'"'' 
forth  That  the  Personal  Estate  of  the  said  deceased  including  the  xxYiii.,is]. 
Provisions  for  the  use  of  the  Family  amounts  to  £38.6.10  That  the  ^°,"°^  ""fgyif;, 
debts  due  from  the  said  Estate  amount  to  £28.17.6  That  the  said  Province'' 
deceased  left  five  young  Children  and  died  siezed  of  a  Eeal  Estate  JhaY)!'id.''^^'' 
in  said  Sutton  containing  twenty  seven  Acres  and  an  half  of  Land 
with  the  Buildings  thereon  apprized  at  £33  And  praying  that  she 
may  be  impowered  to  make  Sale  thereof  for  the  payment  of  the 
debts  and  the  support  of  herself  and  Children ;  she  to  be  accountable. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  impowered  to 
make  sale  of  all  the  Eeal  Estate  in  her  Petition  mentioned,  she 
observing  the  rules  and  directions  of  the  Law  for  the  Sale  of  Eeal 
Estates  by  Executors  and  Administrators,  and  that  she  be  enabled 
to  make  and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof, 
first  giving  suflicient  security  to  the  Judge  of  Probate  for  the  County 
of  AVorcester  that  the  proceeds  of  said  sale  shall  be  applied  as  fol- 
loweth  viz'  that  the  Interest  of  one  third  part  thereof  be  reserved 
to  be  annually  allowed  to  the  Widow  of  the  deceased  in  lieu  of  her 
Dower  in  said  Estate  during  her  natural  life,  and  after  her  decease 
to  be  divided  among  the  Heirs  at  Law  of  the  said  John  Putnam 
deceased  or  their  legal  Eepresentatives,  and  that  the  other  two  thirds 
thereof  be  applied  first  for  payment  of  the  debts  of  the  deceased 
which  the  Personal  Estate  was  not  suflicient  to  pay,  and  the  residue 
thereof  be  put  to  Interest  for  the  benefit  of  the  Children  of  the  said 
deceased.      \^Passed  April  19. 


432 


Province  LiAws[Iiesolves,etc.).  — 1769-70.  [Chaps.  115,  116.] 


CHAPTEK    115 


RESOLVE    IMPOWERING   NATHAN   SIMMONS,   ADMINISTRATOR,    TO    SELL 
REAL    ESTATE. 


Legislative 
Records  of  the 
Council, 
xxviii.,  182. 

House  Jour- 
nal, PI).  13.i,  163. 
163.    Province 
Laws,  11.,  151, 
cbap.  10. 


A  Petition  of  Nathan  Simmons  Administrator  of  the  Estate 
of  Ichabod  Davis  late  of  Freetown  in  the  County  of  Bristol  de- 
ceased Setting  forth,  That  the  deceaseds  Real  and  Personal  Estate 
being  insufficient  to  pay  his  just  debts,  the  said  Estate  has  been 
represented  Insolvent.  And  Praying  that  he  may  be  impowered  to 
make  Sale  of  the  Eeal  Estate,  the  proceeds  whereof  to  be  applied 
towards  the  payment  of  the  debts. 

[Eead  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  imjiowered  to  make  sale  of  the  Real 
Estate  of  said  deceased,  and  to  make  and  execute  a  good  Deed  or 
Deeds  thereof,  he  observing  the  rules  of  the  Law  for  the  sale  of  Real 
Estates  by  Executors  and  Administrators  and  giving  caution  to  the 
Judge  of  Probate  for  the  County  of  Bristol  that  the  proceeds  of  the 
sale  be  applied  for  the  purposes  mentioned.     \^Passed  April  19. 


CHAPTEE    116 


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


Legislative 
Records  of  the 
Council, 
xxviii.,  1S2. 

House  Jour- 
nal, pp.  145, 163. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Anna  Munro  Administratrix  of  the  Estate  of  her 
late  Husband  John  Munro  late  of  Lexington  deceased  Setting 
forth  That  the  debts  due  from  the  said  deceaseds  Estate  amount 
to  £136.5.8  and  his  Personal  Estate  to  no  more  than  £102.4.0^4  That 
the  said  deceased  left  four  young  Children  and  died  siezed  of  a  Real 
Estate  containing  about  forty  Acres  of  Land  with  the  Buildings 
thereon  in  said  Lexington  apprized  at  £170.16.8  That  if  so  much  of 
the  said  Real  Estate  should  be  sold  as  would  be  sufficient  to  pay  the 
debts  remaining  after  the  Personal  Estate  is  disposed  of,  the  remain- 
ing part  of  the  Real  Estate  will  be  of  little  value.  And  praying  that 
she  may  be  impowered  to  sell  the  whole  thereof  for  payment  of  the 
debts  and  the  support  of  herself  and  Children ;  she  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  she  is  hereby  authorized  and  impowered  to  make 
sale  of  the  Land  and  Buildings  within  mentioned  for  the  most  the 
same  will  fetch,  and  to  make  and  execute  a  good  Deed  or  Deeds  of 
the  same  to  the  purchaser  or  jjurchasers  thereof;  she  observing  the 
directions  of  the  Law  relating  to  the  sale  of  Real  Estates  by  Executors 
and  Administrators,  and  giving  sufficient  security  to  the  Judge  of 
Probate  for  the  County  of  Middlesex  that  one  third  part  of  the 
Monies  arising  by  said  sale  be  put  out  at  Interest  for  the  benefit  of 
the  Widow  of  the  within  named  deceased  in  lieu  of  her  right  or  tliirds 
in  the  Premises  during  her  natural  life,  and  the  remainder,  after 
the  just  debts  of  the  deceased  are  paid,  to  be  put  out  at  Interest  for 
the  benefit  of  the  Children,  and  that  each  Child's  proportion  of 
principal  and  Interest  be  paid  them  as  they  shall  respectively  come 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  433 

of  age,  and  that  at  the  decease  of  the  said  Widow  each  Child's  pro- 
portion of  the  other  third  shall  be  divided  to  and  among  them  or 
their  legal  Representatives  according  to  the  directions  of  the  Law. 
{Passed  April  19. 


CHAPTEK    117. 

RESOLVE   IMP0WERINi3   ABIGAIL  MASON   TO   EXECUTE   A  DEED. 

A  Petition  of  Abigail  Mason  of  North  Yarmouth  in  the  County  Legislative 
of  Cumberland  Widow     Setting  forth,  That  her  late  Husband  John  J^^™J|i7"''* 
Mason  late  of  said  Town  deceased  bargained  and  sold  twenty  one  xxviii.,  183. 
Acres  of  Land  with  the  appurtenances  in  said  North  Yarmouth  to  House  Jour- 
his  Brother  Sam'  Mason  for  the  Sum  of  Eighty  pounds  and  received  ""  '^^'     ' 
near  Thirteen  pounds,  six  shillings  and  eight  pence  in  part  for  said 
Land,  but  that  the  said  John  Mason  soon  after  viz'  on  the  last  day 
of  January  last,  died  without  giving  a  Deed  of  said  Land  That  the 
said  Samuel  is  desirous    of  paying  the  remainder  of  the  said  pur- 
chase consideration  and  having  a  Deed  of  the  said  Land.  And  pray- 
ing that  she  may  be  impowered  to  make  and  execute  a  Deed  of  the 
Premises  to  the  said  Samuel  Mason  accordingly. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted, 
and  that  the  Petitioner  Abigail  Mason  be  and  she  accordingly  is 
hereby  impowered  to  make  and  execute  a  good  Deed  of  bargain  and 
Sale  of  the  Land  in  her  Petition  mentioned  to  the  said  Samuel 
Mason  upon  his  paying  the  remainder  of  the  purchase  Money  not 
paid  to  her  late  Husband  John  Mason  deceased  according  to  the 
bargain  by  them  made,  always  provided  that  the  said  Abigail  the 
Petitioner  shall  first  give  sufficient  security  to  the  Judge  of  Probate 
for  the  County  of  Cumberland  duly  to  account  for  the  same  for  the 
use  and  benefit  of  the  Heirs  at  Law  of  the  said  John  Mason  deceased. 
[Passed  April  19. 


CHAPTEE    118. 

RESOLVE    IMPOWERING  STEPHEN  DAVIS,   GUARDIAN,  TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of   Stephen  Davis  Guardian  of   Thadeus  Fitch  a  Legislative 
Minor  Son  of  Joseph  Fitch  late  of  Bedford  deceased     Setting  forth,  ^IZcil  °*  ^^^ 
That  the  said  deceased  by  his  last  Will  and  Testament  appropriated  xxviii..  i84. 
a  certain  joart  of  his  Estate  for  the  payment  of  his  debts  and  charges,  House  .lour. 
and  if  that  should  not  be  sufficient  for  the  2;)urpose,  ordered  that  lee.' ''province' 
such  deficiency  should  be  born  equally  by  his  two  Sons  Joseph  and  Jifap!'io!' ^^'' 
Thadeus,  and  also  ordered  that  his  said  two  Sons  should  pay  to  two 
of  his  daughters  certain  Legacies  at  different  periods     That  the 
Estate  thus  appropriated  is  insufficient  to  pay  the  debts  and  Legacies 
now  due  by  the  Sum  of  £171.9.8     That  the  Real  Estate  devised  to 
the  said  Thadeus  by  the  said  deceased  (exclusive  of  the  Widows 
thirds)  consists  of  f)art  of  the  Buildings  and  about  thirty  six  Acres 
of  Land,,  which,  according  to  estimation,  will  not  sell  for  much  more 
than  is  necessary  to  discharge  his  moiety  of  the  debts  and  Legacies 
abovementioned.   And  praying  that  he  may  be  imjjowered  in  his 


434 


Province  Laws  (liesolves,  etc.) .  —  UGd-lO.  [Chaps.  119,  120.] 


capacity  of  Guardian  to  the  said  Thadeus  to  make  sale  of  the  same 
for  the  purpose  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  be  and  he  accordingly  is  in  his  said  capacity 
fully  inipowered  to  make  sale  of  the  said  minors  full  share  in  the 
Eeal  Estate  aforesaid,  excepting  the  Widows  thirds,  for  the  most 
the  same  will  fetch,  he  observing  the  rules  and  directions  of  the 
Law  for  the  sale  of  Real  Estates  by  Executors  &  Administrators  and 
first  giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  that  he  will  apply  the  proceeds  of  said  sale  to  the  pay- 
ment of  such  parts  of  the  debts  and  Legacies  of  the  said  Minors 
deceased  Father  as  the  said  Minor  is  held  to  pay,  and  the  overplus, 
if  any  be,  he  will  duly  account  for  to  the  said  Minors  benefit. 
[Passed  April  19. 


Legislative 
Records  of  the 
Council, 
xxviil.,  185. 


Archives,  civ.j 
569.    House 
Journal, 
pp.  134,  161. 
Province 
Laws,  iv.,  576, 
chap.  6. 


CHAPTEE    119. 

RESOLVE  ALLOWING  £20.  15.  4  TO   ALEX^  KIRKWOOD. 

A  Petition  of  Alexander  Kirkwood  of  Scarborough  in  the  County 
of  Cumberland  Setting  forth,  That  in  the  year  1762  he  was  pos- 
sessed of  a  Province  Note  in  favour  of  Zachariah  Hicks  for  the  Sum 
of  Six  hundred  and  twenty  three  pounds  payable  the  20  day  of  June 
1703  and  that  an  Order  afterwards  passed  for  the  Notes  of  that  form 
to  be  brought  in  to  be  redeemed  in  October  1702  on  penalty  of  losing 
the  Interest  That  by  reason  of  the  Petitioners  remote  situation  he 
was  unacquainted  with  the  said  Order,  whereby  he  is  like  to  lose 
the  Interest  of  his  money  from  Oct°  1702  to  June  20  1763  unless 
aided  by  the  Government.  And  praying  relief. 

[Read  and] 

Resolved,  that  there  be  paid  out  of  the  publick  Treasury  to  the 
Petitioner  Alex'  Kirkwood  the  Sum  of  Twenty  pounds  fifteen  shil- 
lings &  four  pence  being  the  Interest  of  the  within  mention'd  Note 
from  20  Oct'  to  20""  June  it  being  heretofore  Stopt  by  order  of  Court. 
[Passed  April  19. 


CHAPTEE    120 


RESOLVE     IMPOWERING    JAS.   FOSTER   AND   RUTH   BIRD, 
EXECUTE   A   DEED. 


Eefords'rf  tbe  ^  PETITION  of  John  Bird  of  Needham  Setting  forth.  That  he 
Council,  bargained  with  Jonathan  Bird  of  Dorchester  for  ten  acres  of  Wood- 

xxvui.,  186. —  i^j^^j  jj^  g^'ij  jv^eedham,  and  also  for  all  his  the  said  Jonathan's  right 
nai"pp.'^i5V73,  ^^'^  interest  in  Land  in  the  Town  of  Hardwick  and  paid  him  in  full 
174.  for  the  same,  but  that  the  said  Jonathan  died  before  he  had  an 

opportunity  to  execute  Deeds  of  the  Premises  to  the  Petitioner.  And 
praying  that  the  Administrators  of  the  Estate  of  the  said  deceased 
may  be  impowered  to  convey  to  him  the  Lands  aforesaid. 
In  the  House  of  Representatives. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  James  Foster  and  Ruth  Bird  Administrators  of  the  Estate  of 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  435 

Jonathan  Bird  late  of  Dorchester  deceased  be  and  hereby  are  impow- 
ered  in  their  said  capacity,  if  they  see  cause,  to  make  and  execute 
a  good  Deed  or  Deeds  of  conveyance  of  the  Lauds  mentioned  in  said 
Petition,  and  said  Deed  or  Deeds  shall  be  as  good  and  valid  in  Law 
to  all  intents  and  purposes  whatsoever  to  the  said  Petitioner  his 
Heirs  and  assigns  as  the  said  Jonathan  could  have  made  and  executed 
in  his  life  time ;  it  appearing  to  this  House  that  the  Petitioner  has 
paid  the  deceased  for  said  Lands. 

In  Council,  Read  and  Concurred.     [Passed  April  20. 


CHAPTEK    121. 

RESOLVE  IMPOWERING  ELIZ*    BARTLET,  ADM''   TO  SELL  REAL  ESTATE 
AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Elizabeth  Bartlet  Administratrix  of  the  Estate  Legislative 
of   her  late  Husband  Samuel  Bartlet  late  of   Plimouth    Esq^  de-  ^S^f,"*"'" 
ceased     Setting  forth.  That  the  said  Samuel  died  siezed  of  three  xxYiii..'i87. 
quarter  parts  of  a  certain  Grist  Mill,  and  one  quarter  part  of  a  Saw  House  Jour-_ 
Mill  known  by  the  name  of  Rockey  Meadow  Saw  Mill,  and  also  the  m.'ni.'  prov- 
one  half  part  of  two  Lots  of  Land  containing  by  estimation  forty  isf'chap^^'o.''' 
five  acres  each,  lying  in  the  South  purchase  and  all  lying  in  Middle- 
borough  That  the  said   Mills  are  gone  greatly  to  decay,  and 
the  said  two  Lots  of  Land  are  remote  from  her.     That  the  said 
deceased  left  four  Children,  all  under  age,  for  whose  advantage  it 
would  be,  if  the  said  Estate  was  sold  and  the  money  secured  for 
them.  And  praying  that  she  may  be  impowered  to  make  sale  of  the 
Premises;  the  proceeds  of  such  sale  to  be  disposed  of  according  to 
Law. 

[Read  and] 

Resolved  that  the  foregoing  Petition  be  so  far  granted  as  that  the 
Petitioner  be  and  she  is  hereby  impowered  to  make  sale  of  all  the 
Real  Estate  in  her  Petition  mentioned  for  the  most  the  same  will 
fetch  and  make  and  execute  a  good  and  sufficient  Deed  or  Deeds 
thereof,  she  observing  the  rules  and  directions  of  the  Law  respecting 
the  sale  of  Real  Estates  by  Executors  and  Administrators  and  giving 
sufficient  security  to  the  Judge  of  Probate  for  the  County  of  Plimouth 
that  the  proceeds  of  said  Sale  shall  be  applied  as  followeth  viz'  that 
the  Interest  of  one  third  part  thereof  shall  be  reserved  to  the  use  of 
the  Widow  of  the  said  deceased  during  her  natural  life  in  lieu  of  her 
Dower  in  said  Estate  and  after  her  decease  to  be  paid  to  the  Heirs 
at  Law  of  the  said  deceased  or  their  legal  Representatives,  and  that 
the  other  two  thirds  thereof  shall  be  put  to  Interest  for  the  benefit 
of  the  Children  of  the  said  deceased  to  be  divided  to  and  among 
them  agreable  to  Law.     [Passed  April  20, 


436 


Pkovince  TuAws  {Besolves,  etc.) .  — 1769-70.  [Chaps.  122,  123.] 


CHAPTER    122, 


RESOLVE  IMPOWERING  ROB''  BARTLETT,  ADM",  TO   SELL  REAL  ESTATE 
AND  MAKING  PROVISION   IN  REGARD   TO   THE  PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvili.,  187. 

House  Jour- 
nal, j)p.  147, 172. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Robert  Bartlett  of  Salem  in  the  County  of  Essex 
Administrator  of  the  Estate  of  his  Fatlier  Humj)hrey  Bartlett  late 
of  Marblehead  in  said  County  Shoreman  deceased  Setting  forth. 
That  the  debts  due  from  the  said  deceaseds  Estate  amount  to  £28.7/ 
and  that  there  is  no  Personal  Estate  in  his  hands  to  discharge  the 
same  That  the  said  deceased  died  siezed  of  a  Dwelling  House  in 
said  Marblehead,  with  a  piece  of  Land  thereto  adjoining,  part  of 
which  House  has  been  assigned  to  the  Widow  as  her  Dower  That 
the  said  Estate  will  not  admit  of  a  part's  being  sold,  nor  of  a  Divi- 
sion among  the  six  Heirs  without  spoiling  the  whole.  And  praying 
that  he  may  be  impowered  to  make  sale  of  the  Premises,  including 
the  reversion  of  the  Widows  Dower;  he  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  hereby  is  impowered  in  his  said  capacity  to 
make  sale  of  the  Real  Estate  mentioned  in  this  Petition  (together 
with  the  reversion  of  the  Chamber  that  is  set  to  said  Widow  as  part 
of  her  right  of  dower)  for  the  most  the  same  will  fetch,  and  to  make 
and  execute  a  good  Deed  of  the  same  to  the  purchaser;  he  observing 
the  rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  & 
Administrators,  and  that  the  Monies  arising  by  said  sale  shall  be 
so  much  of  it  api^lied  for  the  discharge  of  said  deceaseds  just  debts  as 
shall  be  necessary  and  the  remaining  part  with  the  Interest  to  be  paid 
to  the  lawful  Heirs  of  said  deceased  or  their  legal  Representatives 
when  they  shall  severally  arrive  at  lawful  age.     [^Passed  April  20. 


CHAPTER    123. 

RESOLVE   IMPOWERING  ELIJAH   BOND,   ADM",   TO  SELL  REAL  ESTATE 
AND  MAKING  PROVISION   IN   REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council, 

xxvili.,  188. 

House  Jour- 
nal, pp.  133, 172. 
Province 
Laws,  li.,  151, 
chap.  10. 


A  Petition  of  Elijah  Bond  Administrator  of  the  Estate  of  John 
Kemball  late  of  Watertown  deceased  Setting  forth  That  the  said 
deceased  died  siezed  of  about  120  Acres,  mostly  Woodland,  lying  in 
Weston  and  sundry  other  pieces  of  Laud  lying  remote  from  the 
Homestead.  And  praying  that  he  may  be  imiDOwered  to  make  sale 
of  so  much  thereof  as  will  raise  the  Sum  of  four  hundred  pounds  to 
enable  him  to  discharge  the  said  deceaseds  debts;  he  to  be  account- 
able. The  Personal  Estate  in  the  Petitioners  hands  being  reserved 
for  the  Mother  in  Law  of  the  deceased  agreable  to  the  Will  of  her 
Husband. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  hereby  is  impowered  to  make  sale  of  so 
much  of  the  Real  Estate  mentioned  in  said  Petition  as  will  raise  the 
Sum  of  four  hundred  pounds,  it  being  sold  for  the  most  the  same 
will  fetch,  the  Petitioner  observing  the  directions  of  the  Law  respect- 
ing the  sale  of  Real  Estates  by  Executors  and  Administrators,  and 


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  — 1769-70.  437 

to  make  and  execute  a  good  Deed  or  Deeds  in  Law  to  the  purchaser 
or  purchasers  thereof;  provided  he  give  Bond  to  the  Judge  of  Pro- 
bate for  the  County  of  Sliddlesex  that  the  Money  arising  by  said  sale 
be  applied  to  the  payment  of  the  debts  mentioned  in  said  Petition, 
and  the  remainder,  if  any  there  be,  be  paid  to  the  legal  Heirs  of 
the  aforesaid  Kemball.     [Passed  April  20. 


CHAPTEE    124. 

RESOLVE  IMPOWERING  REV  JOHN  TREADWELL  AND  OTHERS  TO  SELL 
REAL  ESTATE  AND  BUY  CERTAIN  OTHER  LAND  WITH  THE  PROCEEDS. 

A  Petition  of  John  Treadwell  Minister  of  the  first  Parish  in  Legislative 
Lynn,  and  of  Ebeuezer  Burrill,  John  Mansfield,  Edward  Johnson  g^Xlr"'*'' 
&  Benjamin  Newhall  a  Committee  of  said  Parish     Setting  forth,  xxviii.,  189. 
That  a  certain  Lot  of  Meadow  called  Stones  Meadow  was  given  to  Maes. 
the  use  of  the  Ministry  of  the  said  Parish  successively,  which  Lot  su,^]],.  ^iiouse 
of  Meadow  as  it  lies  at  the  distance  of  sis  or  seven  miles  from  the  pp"i5^'ig2  ng. 
center  of  said  Parish  can  be  of  but  little  advantage  to  said  Ministry. 
And  praying  that  they  may  have  liberty  to  sell  said  Lot  of  Meadow, 
and  to  apply  the  money  thereby  arising  to  the  purchasing  of  as 
much  Salt  Marsh  as  said  Money  shall  be  sufficient  for;  the  said  Salt 
Marsh  to  remain  to  the  use  of  the  Ministry  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Rev'^  John  Treadwell  the  present  Minister  of  the  said  Parish 
and  the  other  Petitioners  a  Committee  of  the  said  Parish  or  the 
major  part  of  said  Committee  be  and  they  accordingly  are  hereby 
impowered  to  make  sale  of  the  piece  of  meadow  Land  in  their  Peti- 
tion mentioned  for  the  most  the  same  will  fetch,  and  make  and 
execute  a  good  and  sufficient  Deed  or  Deeds  of  the  same  to  the  pur- 
chaser or  purchasers  and  their  Heirs  and  Assigns  forever,  and  that 
the  Petitioners  be  and  they  accordingly  are  hereby  impowered  & 
directed  to  apply  the  proceeds  of  the  said  sale  to  the  purchasing  as 
much  Salt  Marsh  as  the  same  will  purchase,  which  Salt  Marsh  so 
purchased  shall  be  and  remain  hereafter  to  and  for  the  use  of  the 
Ministry  in  the  same  manner  as  the  aforesaid  Meadow  would  have 
been ;  always  provided  that  the  said  Committee  shall  be  under  the 
direction  of  and  accountable  to  the  first  Parish  in  Lynn  in  the 
execution  of  their  said  trust.     [Passed  April  20. 


CHAPTEE    125. 

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

A  Petition  of  Thankful  Putnam  Widow  of  Daniel  Putnam  late  Legislative 
of  Sudbury  deceased,  and  of  Relief  Putnam  a  Minor  and  the  only  councif "' ""* 
surviving  Heir  of  the  said  deceased     Setting  forth     That  the  said  xxviii.,'i9o. 
Daniel  died  siezed  of  about  nine  or  ten  acres  of  Land  situate  in  said  House  Jour- 
Sudbury  with  Buildings  thereon  standing,  together  with  a  lot  of  isr'fee.'ieT'ne.' 
Meadow  of  about  four  acres  lying  at  some  distance     That  there  is  Province 


4:38  Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chap.  126.] 

Laws,  ii.,  151,    now  an  opportunity  to  dispose  of  the  Premises  to  advantage,  and 
chap.  10.  ^j^g  g^j^  Minor  being  on  the  point  of  Marriage.  And  praying  that 

Jacob  Moore  Administrator  of  the  said  deceaseds  Estate  and  Guardian 
of  the  said  Minor  may  be  impowered  to  make  sale  of  the  Real  Estate 
aforesaid;  the  proceeds  thereof  to  be  disposed  of  according  to  Law; 
he  to  be  accountable. 
[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
within  named  Jacob  Moore  administrator  on  said  deceaseds  Estate 
be  and  he  hereby  is  imjjowered  in  said  capacity  to  make  sale  of  the 
Real  Estate  mentioned  in  this  Petition  for  the  most  the  same  will 
fetch,  and  to  make  and  execute  a  good  Deed  or  Deeds  in  Law  to  the 
purchaser  or  purchasers,  he  observing  the  Rules  given  by  Law  for 
the  sale  of  Real  Estates  by  Executors  &  Administrators  and  giving 
sufficient  caution  to  the  Judge  of  Probate  for  the  County  of  Mid- 
dlesex that  two  third  parts  of  the  proceeds  of  such  sale  (so  much 
only  excepted  as  may  at  firesent  be  necessary  to  be  expended  for  the 
Cloathing  or  support  of  said  Minor)  together  with  the  Interest 
thereof  be  fiaid  to  the  said  Relief  when  she  shall  arrive  at  lawful 
age  or  at  Marriage ;  and  that  the  other  third  part  of  the  said  proceeds 
be  put  on  Interest,  such  Interest  to  be  annually  paid  to  the  said 
deceaseds  Widow  Thankful  during  her  natural  life;  and  that  at  her 
decease  the  principal  Sum  be  delivered  to  the  only  Heir  beforenamed, 
and  that  the  said  Guardian  do  render  an  account  on  Oath  of  his 
proceedings  in  the  premises  to  the  Judge  of  Probate  for  said  County 
for  the  time  being  when  thereunto  lawfully  required.  \^Passed 
April  20. 


iii.,  IM. 


CHAPTER    126. 

RESOLVE   IMPOWERING  THE   JUSTICES   TO   ADMIT   AN  APPEAL   FROM  A 
JUDGMENT. 

Rerordsof  the       -^  PETITION  of  John  Erving  of  Boston  in  the  County  of  Suffolk 
Council,  Esq'     Setting  forth.  That  at  an  Inferior  Court  of  Common  pleas  held 

at  Boston  within  and  for  said  County  on  the  second  Tuesday  of  July 
last,  he  recovered  Judgment  against  Andrew  Campbell  of  said  Boston 
Trader  for  the  Sum  of  Sixty  one  pounds,  one  shilling  damages  and 
Costs  of  Suit;  from  which  Judgment  the  said  Andrew  Appealed  to 
the  then  next  Superior  Court  for  the  said  County,  but  failed  to 
prosecute  the  said  Appeal  That  the  Petitioners  attorney  thro'  mis- 
take omitted  to  enter  a  Complaint  to  the  said  Superior  Court;  by 
reason  whereof  he  has  lost  the  benefit  of  the  aforesaid  Judgment 
unless  aided  by  this  Court.  And  praying  relief. 
Read  and 

Eesolved  That  the  Justices  of  the  Superior  Court  of  Judicature  &c 
now  sitting  at  Boston  in  the  County  of  Suffolk  be  and  they  are 
hereby  impowered  to  admit  the  Complaint  of  the  Petitioner  against 
Andrew  Campbell  in  the  case  mentioned  in  the  Petition,  and  to 
affirm,  if  they  see  cause  the  Judgment  of  the  Inferior  Court  of  Com- 
mon pleas  and  to  award  Execution  thereon  as  they  by  Law  might 
have  done  had  the  same  Complaint  been  regularly  entered  at  August 
Term.'     [Passed  April  23. 

'  Not  found  in  the  House  Journa.1. 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1769-70.  439 


CHAPTEE    127. 

RESOLVE   AVITHSTAY   OF  EXECUTION   IMPOWERING   THE   JUSTICES    TO 
RECOMMIT  A   CAUSE   TO   REFEREES. 

A  Petition  of  Richard  King  of  Scarborough  in  the  County  of  Legislative 
Cumberland  Gent     Setting  forth     That  he  together  with  one  Royall  counc!ii, 
Tyler  of  said  Scarborough  at  a  Suj)erior  Court  held  at  Falmouth  in  fg^"''  ^^' 
said  County  on  the  fourth  Tuesday  of  June  1768  entered  into  a  Eulo  ^^^^^  j^^^. — 
&  did  refer  two  Actions  wherein  the  Petitioner  was  Original  Plaintiff  nai,pp.U2,i69, 
against  the  said  Royall,  and  one  wherein  the  said  Royall  was  original    "'  ^*'" 
PlaintifE  against  the  Petitioner  to  the  determination  of  Mess"  Joshua 
Moody,  Samuel  March  and  Daniel  Moulton     That  the  s'^  Referrees 
afterwards  made  Report  that  the  Petitioner  should  recover  against 
the  said  Royall  Tyler  the  sum  of  £59.8.9  debt,  and  Costs  of  Court 
and  of  Referrence  in  the  abovesaid  Actions ;  which  Report  was  recom- 
mitted for  them  to  Report  what  part  of  said  Sum  they  found  on 
each  Action;  whereupon  the   said   Referrees   reported   £26.5.7  in 
Action  N°  26,  but  by  mistake  omitted  to  report  the  £33.3.2  remainder 
of  the  abovesaid  Sum  in  the  other  Action  N°  7  and  reported  therein 
cost  only;  whereby  Judgment  in  the  last  Action  has  been  entered 
and  Execution  issued  for  £33.3.2  less  than  the  said  Referrees  found 
due  and  designed  to  have  reported  in  favour  of  the  Petitioner     And 
praying  that  the  Justices  of  the  Superior  Court  may  be  impowered 
to  recommit  the  said  Cause  at  any  Term  wheresoever  held  in  the 
Province  for  amendment. 

Read  and  it  appearing  that  a  Copy  of  this  Petition  had  been  left 
at  the  dwelling  House  of  Royall  Tyler  the  adverse  party  in  conse- 
quence of  the  Order  of  this  Court  on  the  28  of  March  last  and  no 
Answer  being  given  thereto 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Justices  of  his  Majesty's  Superior  Court  of  Judicature  be  and  they 
are  hereby  authorized  and  impowered  at  their  next  Term  in  the 
County  of  York  or  at  any  other  term  wheresoever  held  within  the 
Province  before  the  said  Term  in  the  County  of  York  to  recommit 
the  said  cause  to  the  Referrees  mentioned  in  the  said  Petition,  that 
if  they  or  any  two  of  them  see  cause  they  may  alter  their  said  Report, 
which  the  said  Court  may,  if  they  see  fit  receive ;  whereiipon  the 
former  Judgment  sliall  be  void,  and  the  Court  shall  render  Judgment 
and  award  Execution  according  to  the  Report  so  altered,  and  that 
the  Execution  upon  the  Judgment  already  obtained  be  staid  in  the 
mean  time.     [Passed  April  2S. 


CHAPTER    128, 


RESOLVE   IMPOWERING   DAVID   TICK,   ADM^   TO   SELL   REAL   ESTATE. 

A  Petition  of  David  Fick  Administrator  of  the  Estate  of  John  Legislative 
Sayler  late  of  Dunstable  in  the  Province  of  Newhampshire  deceased  coSncif, °* *''* 
Setting  forth,  That  part  of  tlie  Real  Estate  of  the  said  deceased  viz'  xxYiii..'i93. 
eleven  Acres  and  an  half  of  Land  lies  in  Dunstable  near  Lovewell's  House  .lour- 
Pond  within  this  Province :  And  as  the  Estate  of  the  said  deceased  m'.  ''pi-ovince' 
is  Insolvent,  Praying  that  he  may  be  impowered  to  make  sale  of  the  J^fa^^io.'"  ^^'' 


440 


Province  Laws  {Resolves,  etc.).  — 1769-70.     [Chap.  129.] 


said  eleven  Acres  and  an  half  of  Land  to  enable  him  to  make  a  final 
settlement  of  said  Estate. 

[Eead  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  is  hereby  fully  authorized  and  impowered  in 
his  capacity  as  Administrator  to  make  sale  of  the  Lands  mentioned 
for  the  most  the  same  will  fetch,  and  to  make  and  execute  a  good 
Deed  or  Deeds  of  the  same  to  the  purchaser  or  purchasers  thereof, 
he  observing  the  rules  of  the  Law  respecting  the  sale  of  Eeal  Estates 
by  Executors  and  Administrators  and  giving  sufficient  security  to 
the  Judge  of  Probate  for  the  County  of  Middlesex  that  the  Money 
arising  by  said  sale  be  applied  to  the  purposes  mentioned  in  the 
Petition.     {^Passed  April  23. 


CHAPTER    129, 


RESOLVE  IMFOWERING  EZEK"-  BRIGHAM,  ADM^  TO    SELL   REAL   ESTATE 
AND   MAKING   PROVISION   IN    REGARD   TO    THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxvill.,  194. 

House  Jour- 
nal, PI).  130, 169, 
170.    Province 
Laws,  ii.,  1.^1, 
chap.  10. 


A  Petition  of  Ezekiel  Brigham  Administrator  of  the  Estate  of 
Thomas  Brigham  late  of  Grafton  in  the  County  of  Worcester  deceased 
Intestate  Setting  forth  That  the  said  deceaseds  Personal  Estate 
was  apprized  at  £50.9.9  and  that  the  debts  due  from  the  said  de- 
ceaseds Estate  amount  to  £08.13.10.  That  the  said  deceased  died 
siezed  of  a  Tract  of  Land  in  Grafton  containing  about  119  Acres 
and  a  small  piece  of  Land  in  Westborough  the  whole  apprized  at 
£361.10/  That  the  Estate  of  the  said  deceased  is  incumbered  with 
an  annuity  payable  to  Sarah  Brigham  agreable  to  the  Will  of  the 
Intestates  Father  Aaron  Brigham  That  if  only  so  much  of  the 
Real  Estate  aforesaid  should  be  sold  as  would  be  sufficient  for  pay- 
ment of  the  debts  and  the  annuity  aforesaid  it  would  be  a  great 
damage  to  the  remainder.  And  praying  that  he  may  be  impowered 
to  make  sale  of  the  whole  thereof;  he  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  Ezekiel  Brigham  be  and  he  accordingly  is 
hereby  fully  impowered  in  his  said  capacity  to  make  sale  of  all  the 
Real  Estate  mentioned  in  his  said  Petition,  which  did  belong  to  the 
said  Thomas  Brigham  deceased,  for  the  most  the  same  will  fetch, 
he  observing  the  rules  and  directions  of  the  Law  for  the  sale  of  Real 
Estates  by  Executors  and  Administrators,  and  first  compounding 
with  the  said  Sarah  Brigham  for  her  annuity  by  and  under  the  advice 
and  direction  of  the  Judge  of  Probate  for  the  County  of  Worcester, 
and  giving  sufficient  security  to  the  said  Judge  of  Probate  that  he 
will  apply  the  proceeds  of  the  said  sale  for  the  payment  of  the 
annuity  aforesaid,  and  also  for  the  payment  of  the  just  debts  of  the 
said  Thomas  Brigham  deceased  which  the  Personal  Estate  was  not 
sufficient  to  pay,  and  that  the  residue  thereof  shall  be  divided  to  and 
among  the  Heirs  of  the  said  deceased  agreable  to  Law.  '  ~ 
April  2S. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  441 


CHAPTER    130. 

RESOLVE   ALLOWING    £800   TO   THE   JUSTICES. 

Resolved  that  the  Sum  of  Eight  hundred  pounds  be  granted  and  ^^f^jjffjf, 
allowed  out  of  the  Public  Treasury  to  the  honorable  the  Justices  of  councii,^^_ 
the  Superior  Court  of  Judicature,  Court  of  Assize  and  General  Goal 


delivery  for  the  faithful  discharge  of  their  trust  for  one  year  ending  nal^pp^e^iTi. 
the  first  day  of  January  last.     [Passed  April  34. 


CHAPTER    131. 

RESOLVE   ALLOWING   £50   TO   THE   SECRETARY. 

Resolved  that  the  Sum  of  Fifty  pounds  be  granted  and  allowed  to  Legislative 
be  paid  out  of  the  Public  Treasury  to  the  hon"''  Andrew  Oliver  Esq^  councnr*  """ 
Secretary  of  this  Province  for  his  Services  for  one  year  ending  the  xxYiii..'i97. 
sixth  day  of  December  last.      [Passed  April  24.  House  Jour. 


CHAPTER    132. 

RESOLVE   ALLOWING    £90   ADDITIONAL  TO   THE    SECRETARY.  Legislative 

Records  of  the 
Council, 

Resolved  that  the  Sum  of  Ninety  pounds  be  granted  and  allowed  xxvui.,  197. 
to  be  paid  out  of  the  Public  Treasury  to  the  hon*'"^    Andrew  Oliver  House  Jour- 
Esq'  Secretary  of  this  Province  in  consideration  of  his  extraordinary  s«p™,  chap. 
Services  to  the  sixth  day  of  Decern''  last.      [Passed  April  24.  ^^- 


CHAPTER    133. 

RESOLVE   ALLOWING   £267  TO   THE   TREASURER. 

Resolved  that  the  Sum  of  Two  hundred  and  sixty  seven  pounds  Legislative 
be  granted  and  allowed  to  be  paid  out  of  the  Public  Treasury  to  the  couucif  "* '''^ 
hon*''^  Harrison  Gray  Esq'  Treasurer  and  Receiver  General  of  his  xxviii.,  197. 
Majesty's  Revenues  in  this  Province,  for  one  years  Service  ending  House  Jour- 
the  twenty  third  day  of  December  last.      [Passed  April  24.  ua ,  p. 


CHAPTER    134. 

RESOLVE   ALLOWING   4/  PER  DIEM   TO   THE   SPEAKER. 

In  the  House  of  Representatives  Legislative 

Resolved  That  there  be  granted  and  allowed  to  be  paid  out  of  the  council  °  *  ^ 
Public  Treasury  the  Sum  of  four  shillings  per  diem  to  the  hon""  xxviii.,  198. 
Thomas  Gushing  Esq'  Speaker  of  this  House  for  every  day  of  his  House  Jour. 


442 


Province  Laws  (i2esoZves,ete.).  — 1769-70.  [Chaps.  135-138.] 

attendance  in  the  General  Court  from  the  opening  of  the  Session  on 
the  31  day  of  may  1769  over  and  above  his  pay  as  a  Member  of  this 
House. 

In  Council,  Read  and  Concurred.     [Passed  April  24. 


Legislative 
Records  of  the 
Council, 
xxTlii.,  198. 

House  Jour- 
nal, p.  174. 


CHAPTER    135. 

RESOLVE   ALLOWING   £90  TO  THE   CLERK  OF  THE   HOUSE. 

In  the  House  of  Representatives, 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
Public  Treasury  the  Sum  of  Ninety  pounds  to  M'  Samuel  Adams 
for  his  Services  as  Clerk  of  this  House,  during  the  several  Sessions 
of  the  General  Court  in  the  current  year. 

In  Council,  Read  and  Concurred.      [Passed  April  24. 


CHAPTER    136. 

RESOLVE   ALLOWING   £100   TO   THE  DOORKEEPER. 

Eecords'of  the       Resolved  that  there  be  allowed  and  paid  out  of  the  Public  Treasury 
Council,  the  Sum  of  One  hundred  pounds  to  M'  William  Baker  for  his  Ser- 

xxYiu.,  198. —  ^j^g  ^g  Doorkeeper  to  his  Excellency  the  Governor  for  one  year  to 
^aTp.iTT""      be  paid  quarterly.     [Passed  April  24. 


Legislative 
Records  ol  the 
Council, 
xxviii.,  198. 

House  Jour- 
nal, p.  171. 


CHAPTER    137. 

RESOLVE   ALLOWING   £200  TO  THE   PRESIDENT   OF  HARVARD  COLLEGE. 

Resolved  that  the  Sum  of  Two  hundred  pounds  be  granted  and 
allowed  to  be  paid  out  of  the  Public  Treasury  to  the  Rev""  M'  Samuel 
Locke  the  President  of  Harvard  College  over  and  above  the  Rents 
of  Massachusetts  Hall,  for  his  Services  for  one  year,  to  be  paid 
quarterly  from  the  21  of  March  last.     [Passed  April  24. 


CHAPTER    138. 


Legislative 
Records  of  the 
Council, 
xxviii.,  198. 

House  Jour- 
nal, pp.  174, 175. 


RESOLVE    ALLOWING    £100  TO   THE   PROFESSOR  OF   MATHEMATICS  AT 
HARVARD    COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
Public  Treasury  to  John  Winthrop  Esq'  Hollisian  Professor  of 
Mathematicks  and  Natural  Philosophy  at  Harvard  College  in  Cam- 
bridge, the  Sum  of  One  hundred  pounds  as  a  Gratuity  in  consider- 
ation of  his  faithful  discharge  of  the  great  &  important  trust  reposed 
in  him  for  one  year  ending  the  thirteenth  day  of  January.  [Passed 
April  24. 


[2d  Sess.]     Frovinge  LiAVfs  {Eesolves,  etc.).  — 1769-70.  443 


CHAPTEK    139. 

RESOLVE   ALLOWING   £100  TO  THE   PROFESSOR  OF  DIVINITY  AT   HARV° 
COLLEGE. 

Resolved  that  there  be  granted  &  allowed  to  be  paid  out  of  the  Legislative 
Public  Treasury  to  M' Edward  Wigglesworth  Hollisian  Professor  of  ^Sne*?" ""'"' 
Divinity  at  Harvard  College  in  Cambridge  the  Sum  of  One  hundred  xxviii.,'ii)i). 
pounds  as  a  Gratuity  in  consideration  of  his  faithful  discharge  of  House  Jour, 
tlie  great  and  important  trust  reposed  in  him  for  one  year  ending  ""^ '  ^' 
the  twenty  fifth  day  of  January.      [^Passed  April  24. 


CHAPTEE    140. 

RESOLVE   ALLOWING    £40  TO  THE   PROFESSOR   OF  HEBREW  AT    HAR- 
VARD  COLLEGE. 

Resolved  that  there  be  granted  &  allowed  to  be  paid  out  of  the  Legislative 
Public  Treasury  the  Sum  of  forty  pounds  to  M'  Stephen  Sewall  g^^^'lf, °*  ** 
Professor  of  the  Hebrew  and  other  oriental  Languages  at  Harvard  xxviii.,  199. 
College  as  a  Gratuity  in  consideration  of  his  faithful  discharge  of  House  .lom-. 
that  important  trust  the  last  year.     \^Passed  Ajjril  24. 


CHAPTEE    141. 

RESOLVE    ALLOWING    £50   TO    THE    LIEUTENANT   OF   CASTLE    WILLIAM. 

Resolved  that  there  be  granted  &  allowed  to  be  paid  out  of  the  Legislative 
Public  Treasury  the  Sum  of  Fifty  pounds  to  John  Phillips  Esq^  coSnctf,*'* ""^ 
Lieutenant  of  his  Majesty's  Garrison  at  Castle  William  in  consider-  xxyiii.,'199. 
ation  of  his  faithful  discharge  of  that  trust  for  one  year  ending  the  House  Jour- 
sixth  of  January  last.     \^Passed  April  24.  °* .  p-  '  ■ 


CHAPTEE    142. 

RESOLVE  ALLOWING  SUNDRY  AMOUNTS   TO   DIVERS    PERSONS. 

Resolved  that  there  be  paid  out  of  the  Public  Treasury  to  Cap'  Legislative 
Joseph  Root  the  Sum  of  Two  pounds  &  ten  pence ;  to  Joseph  Whit-  coudch, 
comb  Esq'  the  Sum  of  Three  pounds,  twelve  shillings;  to  Jedediah  xxvni., 200. 
Foster  Esq"'  the  Sum  of  Three  pounds,  twelve  shillings  in  full  of  ^.Ji"!f  ^2 "'^" 
their  respective  Accounts  for  their  Service  in  viewing  and  apprizing  (1768) ;  p.  iss. 
Township  N".  7  by  order  of  the  House  of  Eepresentatives  June  17.  ^haplee.^^** 
1768.     [Passed  April  24. 


444 


Province  Laws  (-Re5oZi;es,e^c.).  — 1769-70.  [Chaps.  143-146.] 


Legislative 
Records  of  the 
Council, 
xxviii.,  113. 


nal,pp 
117,  lli 


CHAPTEK    143. 

VOTE   CHOOSING  HARRISON   GRAY  PROVINCE  TREASURER. 

Pursuant  to  the  agreement  of  the  two  Houses  they  proceeded  to 
the  choice  of  Civil  Officers  for  the  present  year,  and  first  of  a  Treas- 
urer &  Receiver  General  of  the  Province,  when  Harrison  Gray  Esq^ 
was  chosen  by  a  major  vote  of  the  Council  and  House  of  Representa- 
tives.     [Fussed  March  SO;  consented  to  April  25. 


Legislative 
Records  of  the 
Council, 
xxviii.,  113. 

Hoase  Jour- 
nal, p.  118. 


CHAPTEK    144. 

VOTE   CHOOSING  JAMES   RUSSELL,  ESQ.,   COMMISSIONER  OF  IMPOST. 

Pursuant  to  agreement  of  the  two  Houses  they  proceeded  to  the 
choice  of  Civil  Officers  for  the  present  year  when  James  Russell 
Esq'  was  chosen  Commissioner  of  Impost  by  a  major  vote  of  the 
Council  and  House  of  Representatives.  [Passed  March  30 ;  con- 
sented to  Ajiril  25. 


CHAPTEK    145 


Legislative 
Records  of  the 
Council, 
xxviii.,  113. 

House  Jour, 
nal,  p.  118. 


VOTE    CHOOSING    MR.    JOHN    PREBLE    AS    TRUCKMASTER    AT    FORT 
POWNALL. 

The  TWO  Houses  according  to  agreement  proceeded  to  the  choice 
of  Civil  Officers  for  the  present  year,  when  Mr.  John  Preble  was 
chosen  Truckmaster  for  Fort  Pownal  by  a  major  vote  of  the  Council 
and  House  of  Representatives.  [Passed  March  SO;  consented  to 
April  25. 


CHAPTER    146, 


Legislative 
Records  of  the 
Council, 
xxviii.,  114. 

House  Jour- 
nal, pp. 113,113, 
117, 119. 


VOTE   CHOOSING  NOTARIES   PUBLIC. 

The  TWO  Houses  according  to  agreement  proceeded  to  the  choice 
of  Civil  Officers  for  the  present  year,  when  the  undermentioned 
persons  were  chosen  Public  notaries  by  a  major  vote  of  the  Council 
and  House  of  Representatives. 

Suffolk  For  the  Port  of  Boston         .         .         .         •  {  M' HenrrAUineTunr 

f  Salem John  Nutting  Esq' 

I  Ipswich M'  Samuel  Sa^'^)•er 

Essex  I  Marblehead M'  Thomas  King 

I  Newbury William  Atkins  Esq' 

[  Glocester Daniel  Witham  Esq' 

Middlesex     Charleston-n M'  Nathaniel  Gorham 

Plymouth      Plymouth M'  Ephraim  Spooner 

x>         .  vi     f  Barnstable Solomon  Otis  Esq' 

Barnstable  |  F^i^^oyth M'  Joseph  Parker 

„  .  ^  ,  f  Jerathmeel  Bowers  Esq' 

Bnstol 1  Elisha  Tobey  Esq' 

Dukes  County  Edgartown M'  John  Pease  jun' 

Nantucket M'  Stephen  Hussey 


[2d  Sess.]     Province  Laws  (iJesoZues,  ete. ) .  — 1769-70.  445 

C  York Daniel  Moulton  Esq' 

York  \  Kittery Charles  Chauncey 

I  Wells John  Wheehvright  Esq' 

Cumberland  Falmouth M'  Jonathan  Webb 

Lincoln M'  Thomas  Moulton 

[Passed  March  SO  ;  consented  to  April  25. 


CHAPTEE    147. 

RESOLVE  STAYING  PROCEEDINGS   IN   CONSEQUENCE  OF  A  RESOLVE 
RESPECTS   CAPE   ELIZABETH. 

Where  as  the  Gen''  Court  in  their  present  Sessions  on  the  Peti-  Legislative 
tion  of  Capt  Sam"  Skillen  and  others  Inhabitants  of  Cape  Elizabeth  gmmc'ir"''* 
Eesolved  on  Said  Petion  that  from  the  time  the  act  of  Incorporation  xxviii./ieg. 
of  Cape  Elizabeth  into  A  District  took  place  all  the  Inhabitents  Archives, 

of  Said  District  included  within  y^  Lines  of  Said  District  ware  &  '^^^™-'  *^'^- 

Still  are  held  to  Pay  Parish  Taxes  there  &  to  no  other  Place  Since  ^au^^l^oMis, 
which  the  first  parish  have  by  Thomas  Smith  on  their  behalf  Repre-  iss,'  159.  p'rov- 
sented  Sume  luconveincy  that  may  attend  the  Carrying  s'*  Resolve  iv^^Mstnote. 
into  Execution  before  the  S''  first  Parish  has  an  oppertunity  to  be  oh'ap'.72.**'^' 
heard  upon  the  Subject  matter  of  the  S*"  Petition  Therefore 

Resolved  that  all  Proceedings  in  Couseqrience  of  Said  Resolve  be 
Stay**  as  fully  as  if  it  had  not  been  till  the  Second  wedensday  of  the 
next  Sitting  of  the  Gen^'  Court  at  which  Time  the  first  Parish  may 
be  heard  upon  S^  Petition  of  Cape  Elizabeth  if  they  See  fit  to  shew 
Cause  if  any  they  have  why  the  S''  Resolve  should  not  be  Reversed. 
\Passed  April  16  ;  consented  to  April  25. 


CHAPTEE    148. 

RESOLVE   ALLOWING  £100  TO  ANDREW  OLIVER,   SECRETARY. 

A  Petition  of  Andrew  Oliver  Esq'  Secretary  of  the  Province    Set-  Legislative 
ting  forth     That  he  hath  in  confidence  of  the  encouragement  for-  councif,  °* '  * 
mcrly  given  him,  employed  a  Person  as  his  Deputy  the  year  past  xxviu.,  204. 
and  hath  already  advanced  the  Sum  of  forty  pounds  in  part  for  his  House  Jour- 

•       ii      i  -J.         A      1  ■  11  i^      J.1  nal,pp.lbl,185. 

assistance  in  that  capacity.  And  praying  an  allowance  for  the  pur-  ^n«e,p.  391, 
pose  aforesaid.  '=''^p-  ^■ 

[Read  and] 

Resolved  That  the  Sum  of  One  hundred  pounds  be  allowed  and 
paid  out  of  the  Public  Treasury  to  the  hon'''"  Andrew  Oliver  Esq' 
Secretary  of  this  Province  to  enable  him  to  pay  for  assistance  in  his 
Office  for  one  year  ending  the  sixth  day  of  December  last,  \_Passed 
April  25. 


446 


Province  Laws  (i2esoZi;es,ete.).  — 1769-70.  [Chaps.  149-151.] 


CHAPTEE    149, 


RESOLVE   ALLOWING    £60    AND    A    FURTHER    SUM    OF     £16    TO    ROBERT 
BALLS. 


Legislative 
Records  of  the 
Council, 
xxvlli.,  107. 
Mass. 
ArcLives, 
Ixvi.,  482. 

Mass. 
Archives, 
Ixvi.,  481. 
House  Jour, 
nal,  pp.  109, 122. 


A  Petition  of  Robert  Balls  Keeper  of  the  Light  House  Praying 
an  allowance  for  his  last  years  Service  which  expired  on  the  19"'  day 
of  Novem'  last,  being  his  36""  year;  and  also  for  the  reimbursement 
of  the  sum  of  £16  which  he  expended  for  thirty  Cords  of  fire  Wood 
for  the  benefit  of  the  Light. 

[Eead  and] 

Eesolved  That  the  sum  of  Sixty  pounds  be  Allowed  &  paid  Out  of 
the  publick  Treasury  to  the  petitioner  Eob'  Ball  for  his  service  as 
Keeper  of  the  light  House,  for  one  Year  ending  the  19"^  of  Novem- 
ber Last  Also  the  sum  of  sixteen  pounds  for  Thirty  Cord  of  Wood 
which  He  provided  &  expended  for  Use  of  the  province,  at  the  Light 
House  aforesaid.     [Passed  March  28 ;  consented  to  April  26. 


CHAPTER    150, 


RESOLVE  GRANTING  £133.  6.  8  TO  THE  TOWN  OF  SHERBORN  FOR  THE 
SETTLEMENT  OF  A  MINISTER  THERE  IN  PLACE  OF  REV.  SAMUEL 
LOCK. 


Legislative 
Records  of  the 
Council, 
xxviil.,  119. 
Muss. 
Archives, 
Ivlii.,  881. 

Mass. 
Archives, 
Iviii.,  580. 
House  Jour- 
nal, pp.  102, 126. 


Resolved  That  the  Sum  of  One  hundred  &  thirty  three  pounds  six 
shillings  &  Eight  pence  Lawfull  Money  be  &  hereby  is  granted  to 
y*  Scociety  in  Sherburn  late  under  the  pastoral  Care  of  the  Rev'' 
M'  Samuel  Lock  now  President  of  Harvard  Colledge,  to  Encourage 
&  facilitate  the  Settlement  of  a  minister  there.  The  said  sum  to  be 
allowed  &  paid  out  of  the  Public  Treasury  to  the  order  of  y'  said 
scociety  for  y'  Ends  beforementioned,  upon  y'  ordination  of  M'' 
Lock's  successor.      [Passed  April  3  ;  consented  to  April  26. 


CHAPTER    151 


VOTE  GRANTING  TO   ICHABOD  JONES  AND  OTHERS  A  TOWNSHIP  LYING 
TO  THE   WESTWARD   OF  ST.   CROIX,   UPON   CERTAIN   CONDITIONS. 


Legislative 
Records  of  the 
Council, 
xxvii.,  54. 
Mass. 
Archives, 
cxvlii.,  446. 

Legislative 
Records  of  the 
Council, 

xxvlli'.,  126. 
House  Jour- 
nal, pp.  126, 127. 
129, 130. 


A  Petition  of  Ichabod  Jones  and  others  Praying  for  a  Grant  of 
a  Tract  of  Land  called  Machias,  which  they  with  their  Families  took 
possession  of  in  consequence  of  the  Kings  Proclamation,  appre- 
hending the  same  to  have  been  Crown  Lands;  but  which  they  now 
find  falls  within  and  belongs  to  this  Province. 

[Read  and] 

Voted,  That  the  Petition  of  Ichabod  Jones  and  Seventy  nine 
others  his  Associates,  be  so  far  granted,  as  that  there  be,  and  hereby 
is  granted  unto  him  the  said  Ichabod  Jones,  and  his  Associates  named 
in  the  annexed  Petition,  their  Heirs  and  Assigns  for  ever,  as  Tenants 
in  Common,  One  Township  of  Land,  scituate,  lying  and  being  to 
the  Westward  of  S'  Croix  about  eight  or  ten  Leagues,  which  Tract 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1769-70.  447 

of  Land  is  now  knowu  by  the  name  of  Machias,  and  is  bounded  as 
follows,  viz'  begiuiug  at  a  dry  Kock  at  a  Place  called  the  Eastern 
Bay,  near  the  House  of  M'  Samuel  Holmes,  and  extending  North 
ten  Degrees  West,  ten  miles,  then  West,  ten  Degrees  South  eight 
miles,  then  South  ten  Degrees  East  ten  miles,  then  East  ten  Degrees 
north  eight  miles  to  the  first  mentioned  Bounds. 

That  they  return  a  Plan  of  the  same  (taken  by  a  Surveyor  and 
Chainmen  on  Oath)  to  this  Court  for  further  Confirmation,  on  or 
before  the  First  Day  of  Janus'  1771.  That  they  within  six  years 

after  they  shall  obtain  his  majesty's  Approbation  of  this  Grant 
(unless  prevented  by  War)  settle  the  said  Township  with  eighty  good 
protestant  Families,  and  build  eighty  Houses,  none  to  be  less  than 
eighteen  Feet  square,  and  seven  Feet  Stud,  and  clear  and  cultivate 
five  Acres  of  Land  on  each  Share  fit  for  Tillage  or  mowing;  and 
that  they  build  in  said  Township  a  suitable  Meeting  house  for  the 
publick  Worship  of  God,  and  settle  a  learned  Protestant  minister, 
and  make  Provision  for  his  comfortable  and  honorable  Support.  And 
that  in  said  Townshijj  there  be  reserved  and  appropriated  four  whole 
Eiglits  or  Shares  in  the  Division  of  the  same  (accounting  to  one 
eighty  fourth  Part  a  Share,  for  the  following  Purposes  Viz'  One  for 
the  first  settled  or  ordained  minister,  his  Heirs  and  Assigns  for  ever; 
one  for  the  use  of  the  ministry  one  to  and  for  the  use  of  Harvard 
College;  and  one  for  the  use  of  a  School  for  ever:  And  if  any  of  the 
Grantees  or  Proprietors  of  said  Township  shall  neglect  within  the 
Term  of  six  Years  as  before  mentioned,  to  do  and  perform  accord- 
ing to  the  several  Articles  respecting  the  Settlement  of  his  Right 
or  Share  as  hereby  enjoined,  his  whole  Eight  or  share  shall  be 
entirely  forfeited,  and  enure  to  the  Use  of  this  Province ;  Provided 
nevertheless,  the  Grant  of  the  above  Lands  is  to  be  void  and  of  none 
Effect,  unless  the  Grantees  do  obtain  his  Majesty's  Confirmation  of 
the  same  in  eighteen  Months  from  this  Time. 

And  be  it  further 

Ordered,  as  a  Condition  of  the  Grant  aforesaid,  that  each  Grantee 
give  Bond  to  the  Treasurer  of  this  Province  for  the  Time  being,  and 
to  his  Successors  in  said  office  for  the  Sum  of  Fifty  Pounds  for  the 
Use  of  this  Province,  for  the  faithful  Performance  of  the  Duties 
required,  according  to  the  Tenor  of  the  Grant  aforesaid:  and  that 
a  Committee  or  Committees  be  appointed  by  this  Court  to  take 
Bonds  accordingly. 

And  further 

Ordered,  That  the  said  Committee  be  empowered  to  admit  others 
as  Grantees  in  the  Room  of  such  Persons  contain'd  in  the  List 
aforesaid,  who  sliall  neglect  to  appear  by  themselves  or  others  in 
their  behalf  to  give  Bonds  at  such  Time  as  the  Committee  shall 
appoint. 

And  it  is  further 

Ordered,  That  as  this  Township  is  remote  from  the  Centre  of  the 
Province,  and  at  a  great  Distance  from  his  majesty's  Surveyor  of 
his  Woods  and  Timber,  that  the  said  Petitioners  take  especial  Care 
not  to  cut  or  destroy  any  of  his  majesty's  Timber  on  or  about  said 
Township.     \_Passed  April  4  j  consented  to  April  26. 


448 


Province  Laws  (i?esoZt;e5,  ete.).  — 1769-70.  [Chaps.  152-154.] 


CHAPTEE    152, 


RESOLVE    CONTINUING  THE   PENSION   OF  DANIEL   DRUCE. 


Legislative 
Records  of  the 
Council, 
xxviii.,  127. 
Mass. 
Archives, 
ixxx.,  663. 

House  Jour- 
nal, pp.  113, 13-2. 
Ante,  p.  79, 
chap.  151. 


A  Petition  of  Daniel  Druce  of  Grafton  Setting  forth  That  the 
General  Court  was  pleased  to  Grant  him  a  Pension  of  Three  pounds 
^  Annum  for  the  term  of  three  years  in  consideration  of  a  Lameness 
which  he  contracted  in  the  Province  Service  in  the  late  War  That 
the  time  for  which  the  said  Pension  was  granted  expired  in  February 
1769 ;  and  as  his  Lameness  still  continues,  Praying  further  Eelief 

[Read  and] 

Resolved,  that  the  Petitioner's  Pension  be  Continued  for  three 
Years  from  February  1769,  and  that  there  be  paid  out  of  the  Pub- 
lick  Treasury  to  M'  Ephraim  Sherman  for  the  use  of  the  Petitioner 
three  pounds  ^  year.  Annually  during  said  Term.  [Passed  April  6  ; 
consented  to  April  26. 


CHAPTER    153. 


Legislative 
Records  of  the 
Couucil, 
xxviii.,  129. 
Mass. 
Archives, 
cxviii.,  409. 

Mass. 
Archives, 
cxviii.,  406; 
xiv.,545. 
Legislative 
Records  of  the 
Council, 
xxviii.,  26, 110. 
House  Jour- 
nal, pp.  35,  36, 


RESOLVE     SETTING    OFF    CERTAIN    INHABITANTS    OF     POCASSET    AS    A 
SEPARATE    PARISH. 

Resolved  that  the  Petitioners,  Inhabitants  of  said  Pocasset '  in- 
cluded within  the  following  Bounds,  Viz'  Northerly  by  the  Lands  of 
William  Tobey  &  Jonathan  Tobey  inclusively,  Easterly  to  the  Extent 
of  the  Petitioners  Lands  in  the  Woods,  Southerly  by  Falmouth  Line, 
&  Westerly  by  Bozzards  Bay,  be  and  hereby  are  sett  off  as  a  seperate 
and  distinct  Parisli,  and  vested  with  all  the  Powers  &  privileges 
that  other  Parishes  are  by  Law  vested  with  according  to  the  Bounds 
&  limits  aforemenf.     [Passed  April  6;  consented  to  April  26. 


CHAPTER    154, 


RESOLVE   GRANTING  TO   SAMUEL  READ  LICENSE   TO   KEEP  AN  INN. 


Legislative 
Records  of  the 
Council, 
xxviii.,  130. 
Mass. 
Archives,  cxi., 


Mass. 

Archives,  cxi., 
561.    House 
Journal, 
pp.  124, 131. 


A  Petition  of  Samuel  Eead  of  Uxbridge  Setting  forth  That 
he  has  been  an  Inholder  in  said  Town  more  than  thirty  years  That 
at  last  August  Court  the  time  by  Law  appointed  for  granting  Licenses 
he  was  necessarily  absent  and  before  he  could  return  the  Court  was 
adjourned  without  day.  And  praying  that  two  of  his  Majesty's 
Justices  of  the  peace  Quorum  Unus  may  be  impowered  to  grant 
him  a  License  the  remaining  part  of  the  year. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted  &  that  two 
of  his  Majesty's  Justices  of  the  Peace  Quorum  Unus  for  the  County 
of  Worcester;  be  and  hereby  are  impowered,  (if  they  think  proper) 
to  grant  Licence  to  the  Petitioner  to  be  an  Innholder  in  Uxbridge 
in  the  House  he  hath  lately  improved  for  that  jiurpose,  the  remain- 
ing part  of  this  year  he  recognising  according  to  Law  (having 
Obtained  the  Approbation  of  the  Selectmen  of  Uxbridge  for  that 

'  Part  of  town  of  Sandwich.  —  Legislative  Records  of  the  Council,  xxviii.,  26. 


[2d  Sess.]     Province  Laws  (iilesoZws,  ei!c.).  — 1769-70.  449 

purpose)  the  Said  Justices  returning  a  Certificate  to  the  Court  of 
General  Sessions  of  the  Peace  next  to  be  holden  in  said  Coiinty. 
[Passed  April -6  ;  consented  to  April  26. 


CHAPTEE    155. 

RESOLVE  IMPOWERING  THE   GUARDIANS  OF  THE  NATICK   INDIANS  TO 
BUILD   A  HOUSE  FOR  ESTHER  SOODUCK,  INDIAN. 

A  Petition  of  Esther  Sooduck  of  Natiek  Indian  Widow     Setting  Legislative 
forth     That  the  Petitioner  obtained  liberty  of  the  General  Court  in  ^^™cn^^°"''^ 
the  year  1759  to  sell  her  Right  in  46  Acres  of  Land  and  some  com-  xxviii.,i3i. 
mon  Rights  in  said  Natiek  and  after  discharging  her  debts  the  Archives, 
remainder  of  the  proceeds  of  Sale  was  ordered  to  be  put  out  to  xxxiu.,  sos. 
Interest  by  the  Indians  Guardians     That  part  of  said  Lands  are  sold,  ^*^^: 
and  the  debts  being  paid  a  surplusage  remains  in  the  hands  of  said  xxxiii.,567. 
Guardians  of  Eighty  pounds  lawful  Money     That  the  Petitioner  is  S>Tpn."'i'2M2i. 
destitute  of  a  House  and  the  said  Guardians  being  in  doubt  whether  J^^.'  Proyi'ace' 
they  have  a  right  to  advance  the  Money  for  that  purpose;  She  there-  ebap.Venote; ' 
fore  prays  the  directions  of  this  Court.  415,  chap.  132. 

[Read  and] 

Resolved  that  the  Guardians  of  the  Natiek  Indians  be  and  Herby 
are  impowered  and  directed  to  build  or  purchase  a  small  convenient 
Dwelling  house  for  the  Petitioner  with  So  much  of  the  Monies  as 
are  now  in  the  s'^  Guardians  hands  as  may  be  Necessary  therfor  the 
Residue  of  said  Money  Still  to  remain  in  &^  Guardians  Hands  for 
the  Benefit  of  the  Petitioner.  [Passed  April  6 ;  consented  to 
April  26. 


CHAPTEE    156, 


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

A  Petition  of  Aaron  Felt  of  Temple  in  the  Province  of  New  Legislative 
Hampshire  Administrator  of  the  Estate  of  his  late  Father  Aaron  Records  of  the 
Felt  late  of  Lynn  in  the  County  of  Esses  deceased     Setting  forth,  xxviii.,'132. 
That  the  debts  due  from  the  Estate  of  the  said  deceased  amount  to  Archives,  xix., 
more  than  the  Inventory  of  the  Personal   Estate     That  the  said  '^i^- 
deceased  died  siezed  of  a  House  &  small  Tract  of  Land  situate  in  Mass. 
said  Lynn :  And  praying  that  he  may  be  impowered  to  sell  the  same ;  810?  Hous^*'''' 
he  to  be  accountable  ?,?."i?fH,R 

r„         ^  m  pp.  134,  135. 

[Read  andj  Province 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  Granted  and  chap^'io.''  "^' 
the  Petitioner  be  and  he  accordingly  is  hereby  Impowered  to  Sell 
of  all  the  Estate  within  mentioned  for  the  most  the  Same  will  fetch 
(he  observing  the  Rules  and  Directions  of  the  Law  for  the  sale  of 
Real  Estates  by  Executors  and  administrators)  and  to  make  and 
Execute  a  good  &  Sufficient  Deed  or  Deeds  thereof  and  Giving 
Sufficient  Security  to  the  Judge  of  Probate  for  the  County  of  Essex 
that  he  will  apply  the  proceeds  of  Said  Sale  for  the  payment  of  the 
Deasced'  Debts  Saving  that  the  widow  shall  be  allowed  the  use  of 


450 


Province  Laws  {Resolves,  etc.).  — 1769-70.   [Chaps.  157-159.] 


one  third  part  of  the  proceeds  thereof  During  her  natural  Life  and 
after  her  Decease  the  Same  to  be  Disposed  oS  agreeable  to  Law. 
[Passed  April  6  j  consented  to  April  26. 


CHAPTER    157. 


Ijegislatlve 
Records  of  the 
Council, 
xxviii.,  138. 
Mass. 
Archives, 
xlv.,  572. 

House  Jour- 
nal,  pp.  72, 138. 


RESOLVE  ALLOWING   £20  TO   REV.   JOSEPH   GREEN. 

Resolved  [that] '  the  Sum  of  Twenty  pounds  be  allowed  &  paid 
out  of  the  public  Treasury  to  the  Rev'*  M''  Joseph  Green  of  Barn- 
stapble  to  be  by  him  Applyed  to  defrey  the  Charge  of  supporting  the 
Gospel  amoung  the  Inhabitants  of  Province  Town  the  year  past. 
[Passed  April  7  ;  consented  to  April  26. 


CHAPTER    158. 

RESOLVE  GRANTING  THE  PETITION  OF  BENJAMIN  MULLIKEN  AND 
MOODY  BRIDGES  TO  HOLD  A  CERTAIN  TOWNSHIP  ACCORDING  TO  THE 
ORIGINAL  GRANT,  NOTWITHSTANDING  CERTAIN  ACTION  SINCE  TAKEN 
BY  THE  GENERAL   COURT. 


Legislative 
Records  of  the 
Council, 
xxviii.,  143. 
Mass. 
Archives, 
cxviil.,  420. 


Archives, 
cxvili.,  414. 
House  Jour- 
nal, pp.  133,  141, 
142.    Ante, 
p.47,  chap.  92; 
p.  239,  chap.  28. 


On  THE  Petition  of  Benjamin  Mulliken  and  Moody  Bridges 
Agents  for  the  Proprietors  of  a  Township  Granted  to  Benjamin  Muli- 
ken  &  others  June  SS""  1765,  whereas  the  Petitioners  made  Appli- 
cation to  the  Great  and  General  Court  Dated  the  twenty  Seventh 
Day  of  May  Anno  Domini  1767  praying  that  the  Court  would  receive 
back  a  Part  of  Said  Township  and  grant  them  an  Equivalent  in 
other  Lands  adjoining,  but  now  finding  Said  Exchange  inconvenient, 
pray  that  they  may  hold  the  Said  Township  according  to  the  original 
Grant, 

Resolved  that  the  prayer  of  the  Said  Petition  be  granted  and  that 
the  Said  Proprietors,  have  and  hold,  and  it  is  hereby  granted  to  them 
that  they  have  and  hold  Said  Township  according  to  the  Extent 
described  in  the  original  Grant  any  Petition  of  Said  Proprietors  or 
Resolve  of  this  Court  thereon  notwithstanding,  and  according  to 
Said  Proprietors  Petition  and  the  Intent  thereof:  And  the  Lands 
resolved  on  their  Said  Application  to  be  given  them  for  an  Equiv- 
alent is  hereby  received  back  as  Lands  belonging  to  the  Province  the 
said  proprietors  fulfilling  the  Condition  of  the  Original  Grant. 
[Passed  A^jril  10  ;  consented  to  April  26. 


CHAPTER    159. 

RESOLVE  WITH  NOTICE  ON  THE  PETITION  AND  PAPERS  OF  EBEN^ 
SMITH  AND  OTHERS  IN  REGARD  TO  THE  AFFAIRS  OF  THE  BAPTIST 
CHURCH  IN   ASHFIELD. 


Legislative 
Records  of  the 
Council, 
xxviii.,  149. 


A  Petition  of  Ebenezer  Smith  and  others  in  behalf  of  the  Bap- 
tist Church  and  Society  in  Ashfield  Setting  forth  That  there  is 
a  Tax  of  £11.18.7  laid  on  each  Right  in  said  Town  chiefly  for  the 
support  of  a  Minister,  and  building  a  Meeting  House  for  a  Society 

'  Inserted  from  Legislative  Records  of  the  Council,  xxviii.,  138. 


[2d  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1769-70.  451 

of  a  different  perswasion  from  the  Petitioners.  That  their  Lands  are  Mass. 
advertized  to  be  sold,  unless  prevented  by  paying  the  said  Tax,  Me-sel.'^''  ^"'' 
which  they  are  unable  to  pay,  and  support  the  Gospel  among  them-  ^ai^pp'wg'in 
selves.  And  praying  that  they  and  their  Lands  may  be  exempted  i38,'u5.  p'rov- 
from  said  Tax,  or  any  Tax  that  may  hereafter  be  raised  for  the  i?!fioi57chai). 
purposes  aforesaid,  and  that  the  Monies  which  they  have  heretofore  n|,^''B^^"^^('e 
paid  may  be  restored.  p.  333,  cuap. 'a. 

The  House  resumd  the  Consideration  of  the  Petition  & 
Resolved  that  the  petitioners  notify  the  proprietors  of  the  Lands 
in  Ashfield  of  this  Petition  &  also  of  the  paper  accompanying  the 
same  called  an  account  of  the  Sufferings  of  the  Church  in  Ashfield, 
by  serving  the  Clerk  of  said  Proprietors  with  a  Copy  of  the  said 
Petition,  &  paper  that  they  may  shew  Cause  on  the  second  Wensday 
of  the  next  Slay  Session  of  the  General  Court  why  the  Prayer  should 
not  be  granted  &  that  the  sale  of  the  pet"  Lands  be  stayd  in  the 
mean  time.      {^Passed  April  10  ;  consented  to  April  26. 


CHAPTER    160. 

ORDER  ALLOWING  ACCOUNT  OF  GUARD^  OF  THE  DUDLEY  INDIANS. 

The   Committee   appointed   to   consider  the  Accounts  of   the  Legislative 
Guardians  of  the  Indians  in  this  Province,  having  considered  the  Jf^uncif  "*  ""^ 
Accounts  of  the  Guardians  of  the  Dudley  Indians,  and  find  them  xxTiii.,'153- 
right  cast  and  well  vouched,  and  that  the  said  Guardians  have  re-  Archives, 
cieved  since  their  last  Settlement,  in  March  1767,  Twenty  seven  xxxui.,  520. 
Pounds,  and  have  paid  out  for  the  said  Indians  use  and  Benefit  to  ^*g^i.pgg 
Doctor's  Bills,  Nurses,  Provisions  &c  Thirty  eight  Pounds  18/6%,  xxxiu.,  sis. 
so  that  the  said   Guardians  are  in  Advance,  the  Sum  of  Eleven  Sii"p!'ul'^" 
Pounds,  18/6y2     which  is  submitted.  ihll'hi?^' 

Hen.  Gardner  ^  Order 

Kead  &  Accepted.     \^Passed  Ajml  12  ;  consented  to  April  26. 


CHAPTER    161. 

RESOLVE  GIVING  FURTHER  TIME  FOR  OBTAINING  HIS  MAJESTY'S 
APPROVAL  OF  THE  ACTS  OF  THE  GRANTEES  OF  TOWNSHIP  NO.  3,  IN 
THE   TERRITORY  OF  SAGADAHOCK. 

A  Petition  of  Nathan  Jones,  Francis  Shaw,  &  Eobert  Gould,  in  Legislative 
behalf  of  themselves,  and  other  Grantees  of  a  Township,  N".  3,  in  Soun'^'if*'*"'* 
the  Territory  of  Sagadahock,  East  of  Union  Eiver     Setting  forth,  xxviii.,157. 
that  the  time  for  which  they  were  allowed  to  obtain  his  Majesty's  Archives, 
Approbation  of  the  Grant  of  said  Township  is  now  expired;  and  cxviu., 421. 
that  they  have  not  yet  been  able  to  obtain  his  Majesty's  Approbation  ^''^'^Y'^f  th 
of  the  same :  And  praying  that  further  time  may  be  allowed  for  that  conncif,  xxvi., 
purpose.  p.  173^  gijap. 

[Read  and]  120- 

Resolved,  That  the  further  time  of  Eighteen  Months  be  allow'd 
the  Petitioners  for  the  purposes  mention'd  in  the  above  Petition. 
\^Passed  April  13  ;  consented  to  April  26.' 

•  Not  found  in  House  Journal. 


452 


Province  Jjaws  (Besolves,  etc.).  — nG9-70.  [Chaps.  162,  163.] 


CHAPTEK    162. 


RESOLVE   ADJOURNING  COURTS   IN   BRISTOL   COUNTY. 


Legislative 
Records  of  the 
Council, 
xxvill.,  157. 


House  Jour- 
nal, pp.  1.50, 152. 
Ante,  p.  282, 
chap.  113. 


Whereas  the  Court  of  General  Sessions  of  the  Peace,  and  Infe- 
rior Court  of  Common  Pleas  for  the'  County  of  Bristol,  According 
to  the  Time  Appointed  by  Law  should  be  holden  at  Taunton,  in 
said  County,  on  the  first  tuesday  of  May  next:  And  whereas  by 
Reason  of  y^  Present  Circumstances  of  the  County  it  will  be  incon- 
venient for  Persons  concerned  in  the  business  thereof  to  Attend  at 
s"^  Time. 

Therefore 

Resolved  that  the  s*  Court  of  General  Sessions  of  the  Peace  and 
Inferior  Court  of  Common  Pleas,  be  and  are  hereby  Adjourned  unto 
the  second  Tuesday  of  June  Next,  then  to  be  holden  at  s'*  Taunton, 
and  that  all  Pleas,  Processes,  Writs  Actions,  Suits,  Complaints, 
Recognisances,  and  all  Other  Matters  and  things  returnable,  and 
having,  or  that  should  have  day,  in  said  Courts,  if  y*^  same  had  been 
held  on  the  s^  first  Tuesday  of  May  shall  be  returnable  and  have 
day  in  &^  Courts  on  the  S**  second  Tuesday  of  June,  and  shall  Abide 
and  Continue  unto  that  time,  and  shall  then  be  proceeded  on,  heard, 
tried  and  Determined,  to  all  intents  and  Purposes  as  Eiiectually 
as  if  said  Courts  had  been  held  on  the  s''  first  tuesday  of  May. 
\^Passed  April  13  ;  consented  to  April  26. 


CHAPTEK    163. 

RESOLVE  CONSTRUING  AN  ORDER  EXEMPTING  CERTAIN  PERSONS  OF 
NEWBURY  FROM  PAYMENT  OF  TAXES  IN  THE  FIRST  AND  THIRD 
PARISHES  OF  THAT   TOWN. 


Legislative 
Records  of  the 
Council, 
xxviii.,  158. 
Mass. 

Archives,  xiv., 
573. 

Mass. 

Archives,  xiv., 
665.    Legisla- 
tive Records  of 
the  Council, 
xxvill.,  156. 
House  Jour- 
nal, pp.  163, 164. 
Province 
Laws,  v.,  40, 
chap.  13;  xiv., 
687,  chap.  140. 
Ante,  p.  387, 
chap.  27. 


Whereas  in  the  Year  1752  On  the  Petition  of  Charles  Pierce  Esqr 
and  Others  of  the  then  Town  of  Newbury  it  was  ordered  by  the 
Generall  Court  that  the  petitioners  with  Daniel  Peirce  Moses  Noyes 
&  Josiah  Lunt  living  In  the  first  and  third  Parrishes  in  said  Town 
their  Polls  &  Estates  be  Discharged  from  paying  any  further  Parrish 
charges  In  said  Parrishes  so  long  as  they  with  their  families  Support 
preaching  among  themselves,  and  whereas  Sundry  controversies  and 
Disputes  have  arisen  and  may  arise  whether  the  Heirs  or  Occupiers 
living  on  said  Estates  Are  by  said  Order  of  the  Generall  Court  intitled 
to  the  same  priviledges  with  their  Predessessors  Provided  they  sup- 
port preaching  Amonge  themselves 

Resolved  that  for  the  future  it  is  to  be  understood  that  the  Chil- 
dren &  Occupiers  living  on  the  Estates  that  were  Exempted  by  said 
order  of  1752  and  their  families  &  Estates  are  hereby  intierly  freed 
from  paying  taxes  to  the  first  and  what  was  originally  the  third 
parrish  aforesaid  Provided  they  Support  preaching  amonge  them- 
selves.     \^Passed  April  13  ;  consented  to  April  26. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  453 


CHAPTER    164. 

RESOLVE   REMITTING   THE   PROVINCE   TAX  OF   £98.  7.  9  TO   THE   TOWN 
OF   CHATHAM. 

A  Petition^  of  Joseph  Doane,  Agent  for  the   Town  of  Chat-  Legislative 
ham    Setting  forth    That  since  the  last  Valuation,  a  great  number  councif," 
of  the  then  Inhabitants  of  the  said  Town  have  removed  to  Nova  fl™-  ^^'• 
Scotia  and  other  parts.  That  the  said  Town  hath  been  at  the  Expeuce  Archives, 
of  Nine  hundred  &  One  Pounds,  seven  shillings,  for  the  Eelief  of  Eilll^j — \ — 
poor  Persons  and  others,  who  were  visited  with  the  small  Pox,  in  Archives, 
said  Town  from  the  first  of  Novem'  1765,  to  the  first  of  August  cxviu.,422. 

-,  .      1  •        -n^f    fi  House Jour- 

1766  And  praying  Kelief  nai,pp.ii5,i65. 

rn       1  n        a       ./       o  Province 

[Read  and  J  Laws,  v.,  12, 

Resolved  that  the  prayer  of  the  within  Petition  be  so  far  granted,  chap.  1. 
as  that  the  Town  of  Chatham  be  remitted  the  Sum  of  ninty  Eight 
pounds  Seven  Shillings  and  nine  pence  being  their  Province  Tax 
laid  on  Said  Town  for  the  year  1769;  In  full  consideration  of  the 
reasons  mentioned  in  Said  Petition,  and  that  the  Province  Treasurer 
is  hereby  Directed  to  Conform  himself  Accordingly.  \^Passed  April 
13  J  consented  to  April  26. 


CHAPTER    165. 

RESOLVE   ALLOWING   £9.  15  TO  EUNICE    SPYWOOD,   INDIAN. 

A  Petition  of  Eunice  Spywood  of  Natick  Indian  Widow,  Pray-  Legislative 
ing  an  allowance  for  Boarding  and  supporting  one  Sarah  Wampsquan  councif,"*'  ° 
an  Indian  Widow  in  an  advanced  age  and  very  poor  (and,  who  has  ^^^^'^■'  ^''^' 
been  supported  by  the  Province  for  some  years  past)  agreable  to  an  Archives, 
account  annexed  to  said  Petition;  and  also  a  Petition  of  the  Rev''  ^'■-'""-^^  ■ — 
M'  Stephen  Badger  of  said  natick,  setting  forth,  the  extreme  pov-  Archives, 
erty  of  the  said  Eunice  Spywood  and  requesting  that  the  prayer  of  gAgfUVi^giJ 
her  Petition  may  be  granted.  Legislative  ' 

In  the  House  of  Representatives.  ^Sncn"  xx*!. 

[Read  and]  joum^r^*^ 

Resolved  that  there  be  allowed,  and  paid  out  of  the  Public  Treas-  pp.  no,  iii,i5i, 
ury,  to  the  Rev'*  M'   Stephen  Badger,  for  the  use  of  Eunice  Spy-  ^IWaf xvllr^ 
wood  the  sum  of  nine  pounds  fifteen  Shillings  for  boarding  and  272,  chap.  ui. 
taking  care  of  Sarah  Wampsquam  an  Aged  Indian  Woman,  thirty 
nine  weeks  at  5/  ^  week,  being  from  the  IS""  Day  of  July  last;  to 
the  12  Day  of  April  Instant  it  not  appearing  to  this  House,  that  She 
is  an  Inhabitant  of  any  particular  Town  or  District  in  this  Province. 

In  Council,  Read  &  Concurred.     [^Passed  April  16  j  consented  to 
April  26. 


454 


Province  Laws  {Resolves,  etc.).  —  1769-70.  [Chaps.  166-169.] 


CHAPTEE    166, 


tjeglslatlve 
Eecords  of  the 
Council, 
xxviii.,  197. 
Mass. 
Archives, 
Ixxx.,  666. 

H<mee  Jour- 
nal, p.  181. 


RESOLVE  GRANTING   £150  TO   THE   COMMISSARY -GENERAL. 

Resolved  that  there  be  granted  &  paid  out  of  the  Public  Treasury 
to  the  Honourable  Thomas  Hubbard  Esq'  Commissary  General,  the 
Sum  of  One  hundred  &  fifty  pounds  in  full  for  his  past  services  & 
y^  faithfull  Discharge  of  the  Trust  reposed  in  him.  \_Passed  April 
24  ;  consented  to  April  26. 


Legislative 
Becords  of  the 
Couucil, 
xxvlll.,  198. 


House  Jour- 
nal, p.  179. 


CHAPTEE    167. 

RESOLVE   ALLOWING   £6  TO   THE   CHAPLAIN   OF  THE  TWO   HOUSES. 

In  the  House  of  Representatives. 

Resolvd  that  there  be  granted  and  allowd  to  be  paid  out  of  the 
publick  Treasury  to  the  Rev**  AP  Nathaniel  Appleton  the  Sum  of 
Six  pounds  for  his  Services  in  officiating  as  Chaplain  to  this  House 
and  to  his  Majestys  Council  during  the  present  Session. 

In  Council,  Read  &  Concurred.  [Passed  April  24;  consented  to 
April  26. 


CHAPTEE    168. 

Legislative  RESOLVE  GRANTING   £40  TO  THE   CHAPLAIN   OF  CASTLE   WILLIAM. 

Eecords  of  the 
Council, 

Mass"'  ^'^'^'  Resolved,  That  there  be  granted  and  paid  out  of  the  publick  Treas- 

Archives,xiv.,  ury  the  Sum  of  Forty  Pounds,  to  M'  Stephen  Hall  who  officiated  as 

^-^ Chaplain  at  Castle  William,  in  Consideration  of  his  faithful  Dis- 

nai^if.  iref '      charge  of  his  Trust  for  one  Year  ending  the  35  of  January  last. 
[Passed  April  24  ;  consented  to  April  26. 


CHAPTEE    169. 


RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  DISCHARGE  JOHN 
COTTON  FROM  HIS  BOND  ON    CERTAIN   CONDITIONS. 


Legislative 
Records  of  the 
Council, 
xxvlll.,  200. 
Mass. 
Archives, 
cxx.,  675. 

Mass. 
Archives, 
cxx.,  673. 
House  Jour- 
nal, pp.  36,  5B, 
65,  79,  136,  137, 
138,  168,  184. 
Province 
Lawa,  xvil., 
675,  chap.  145. 


A  PETlTiOif  of  John  Cotton  of  Boston,  Praying  further  relief 
with  regard  to  a  purchase  he  made  in  the  year  1764  of  the  Excise 
on  Tea,  Coffee  and  China  Ware  for  the  County  of  Suifolk. 

[Read  and] 

ResolV  on  the  Petition  of  M'  John  Cotton,  That  the  Prayer 
thereof  be  so  far  granted.  Upon  the  Pet"  paying  to  the  Province 
Treasurer  the  Sum  of  four  hundred  and  fifty  Pounds  on  or  before 
the  tenth  of  June  next  ensuing,  he  the  said  John  Cotton  be  and  is 
fully  discharg*  of  the  Bond  he  gave  to  the  Province  Treasurer  in 
the  year  1764  with  regard  to  a  purchase  he  made  in  said  year  of  the 
Excise  on  Tea  Coffee  &c  for  the  County  of  Suffolk  and  of  any  Sum 
that  might  be  thereby  demanded  of  him  or  Surety  by  virtue  thereof 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1769-70.  455 

and  upon  his  so  doing  the  Province  Treasurer  for  the  Time  being 
is  directed  to  deliver  up  or  discharge  him  from  Said  Bond  or  any 
Judgment,  that  has  been  recovered  thereon  in  any  Court  of  Law 
whatsoever.     [^Passed  April  24  ;  consented  to  April  26. 


CHAPTER    170. 


KESOLVE  IMPOWEEING  THE  COURT  OF  GENERAL  SESSIONS  OF  THE 
PEACE  FOR  WORCESTER  COUNTY  TO  APPOINT  A  JURY  TO  ESTIMATE 
LAND   DAMAGES   IN  FAVOR  OF  BELA  LINCOLN. 

A  Petition  of  Bela  Lincoln  of  Hingham  in  the  County  of  Suffolk  ^If^'^dsofthe 
Setting  forth,  That  at  the  Court  of  General  Sessions  of  the  peace  council, 
held  at  Worcester  for  the  County  of  Worcester  on  the  third  Tuesday  Mais.''"  ^"^^ 
of  August  1768  a  Committee  was  appointed  to  lay  out  a  County  f^^'^"^ 

Road  from  the  House  of  Cap'  Tays  in  Westborough  through  the  :^^ — '- 

North  side  of  Grafton  to  the  Southeasterly  part  of  Worcester;  which  Archives, 
was  accordingly  done,  and  about  one  mile  in  length  laid  through  eousetioiir. 
the  Petitioners  Farm  in  said  Grafton,  which  Committee  awarded  i^'-jiiS- }2|' j|^> 
five  dollars  only  as  damages,  and  made  return  thereof  and  by  the      •  '  •  '  > 
said  Court  was  accepted.   That  the  Road  aforesaid  is  laid  out  in 
such  a  manner  as  greatly  to  endamage  the  Petitioners  Farm  as  he 
must  be  necessitated  to  make  and  maintain  a  Fence  of  two  miles 
thereon,  which  before  was  greatly  secured  by  the  help  of  a  Pond  and 
River.  And  inasmuch  as  the  Petitioner  was  not  informed  of  this 
proceeding  until  after  the  time  by  Law  allowed  to  make  application 
for  a  Jury  to  estimate  the  damages  sustained  was  elapsed :  Praying 
relief. 

Read  and 

Resolved  that  the  prayer  of  this  Petition  be  So  Far  Granted  as  that 
the  Court  of  General  Sessions  of  the  Peace  Next  to  be  holden  in  and 
for  [the]  '  County  of  Worcester  be  and  Hereby  are  Impowered  upon 
application  being  made  to  them  by  the  Petitioner  to  appoint  a  Jury 
to  Estimate  The  Damages  by  him  Sustained  by  the  Road  being  laid 
Thr"  his  land :  the  time  by  Law  for  Such  application  being  Elapsed 
notwithstanding.     [Passed  April  25  ;  consented  to  April  26. 


CHAPTEE    171. 

ORDER  ALLOWING   £133  ADDITIONAL  TO  THE  TREASURER. 

A  Petition  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  General  R|for^"onhe 
of  the  Province     acknowledging  with  gratitude  the  Grant  already  council, 
made  him  for  his  common  Services  for  one  year  ending  in  Decern'  Mals"''^"^' 
1769 :  And  praying  a  further  allowance  for  his  extraordinary  Services  ^™'^''f<'S'  "^•> 
the  same  time.  —^ 

■p       TO  M.a88. 

xCeaCl  Ot  Archives,  civ., 

Orderd  that  there  be  allowd  &  paid  out  of  the  publick  Treasury  j^^^ai""^** 
to  the  Hon.  Harrison  Gray  Esq'  the  Sum  of  One  hundred  and  Thirty  pp-isi,  ise. 
Three  Pounds  in  full  Consideration  of  his  extraordinary  Services  as  ch"ap'.?33.  ' 
Treasurer  and  Receiver  General  of  this  Province.     \^Passed  April 
25  J  consented  to  April  26. 

'  Inserted  from  the  Legislative  Records  of  the  Council,  xxviii.,  205. 


456 


Peovince  IjkSNS  {Resolves,  etc.).  — 1769-70.  [Chaps.  172-174.] 


CHAPTER    172. 

RESOLVE   IMPOWERING  JAMES  KIRKWOOD,  GUARDIAN,  TO   SELL  LANDS 
AND   MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 

BeSrds'onhe       ^  PETITION  of  James  Kirkwood  Guardian  to  Susanna  Prince,  A 
Council,^  Minor  aged  about  nine  years,  &  the  only  Child  of  Caleb  Prince,  late 

''  —  of  Boston  deceased ;  setting  forth  That  the  said  Minor  is  interested, 
mii"ppf4i"i44,  one  seventh  part,  in  a  small  piece  of  Land,  in  said  Boston,  being  the 
162, 190.   Prov-  Estate  of  her  late  Grandfather  Joseph  Prince,  which  was  laid  des- 

ince  Laws,  11.,  ,  tt         •        ,       -«7-  ,*-  mi  ,  tt    . 

151,  chap.  10.      olate  by  the  great  J^ire,  in  the  Year  17bO  That  the  other  Heirs 

have  sold  their  parts,  and  the  said  Minor's  Interest  can  be  of  no 
possible  Advantage  to  her,  as  it  now  lays,  she  having  nothing  to 
support  herself;  and  praying  that  he  may  be  impowered  to  sell  the 
same,  he  to  be  accountable 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  is  hereby  fully  authorized  &  impowered,  in  his 
Capacity  as  Guardian,  to  make  sale  of  the  Minor's  Interest  in  the 
land  within  mentioned  for  the  most  the  same  will  fetch,  and  to 
make  &  execute,  a  good  Deed  of  the  same  to  the  purchaser  thereof, 
he  observing  the  directions  of  the  Laws  relating  to  the  sale  of  Real 
Estates,  by  Executors  and  Administrators,  and  giving  sufficient 
Security  to  the  Judge  of  Probate  for  the  County  of  Suffolk,  that 
the  Money  arising  by  said  sale,  with  the  Interest  thereof  be  paid 
to  the  said  Minor,  when  she  shall  arrive  at  full  age,  or  at  the  time 
of  Marriage.      [Passed  April  36.' 


CHAPTER    173, 


Legislative 

Records  of  the 

Council, 

xxviil.,  208. 

Mass. 

Archives, 

lxxx.,665. 

House  Jour- 
nal, pp.  186,187, 


VOTE  CHOOSING  EDWARD  SHEAFFE,  ESQ.,  COMMISSARY  GENERAL. 

Pursuant  to  Agreement  of  the  two  Houses  they  proceeded  to 
the  choice  of  Civil  Officers  for  the  present  year  when  Edward  Sheaffe 
Esq'  was  chosen  the  Officer  for  purchasing  Provisions  &c  for  the 
several  Forts  and  Garrisons  by  a  major  part  of  the  votes  of  the 
Council  and  House  of  Representatives.      [Passed  April  26. 


Legislative 
Records  of  the 
Council, 
xxviil.,  210. 

House  Jour- 
nal, pp.  120, 131. 


CHAPTER    174. 

RESOLVE  IMPOWERING  HENRY  YOUNG  BROWN  TO  SELL  STRONG  DRINK. 

A  Petition  of  Henry  Young  Brown  of  a  place  called  Pigwacket, 
in  the  County  of  York  Setting  forth,  that  the  said  place  is  not 
incorporated,  by  reason  whereof,  it  is  not  in  the  power  of  the  Court 
of  Sessions  to  grant  the  Petitioner  a  license  to  sell  spirituous  Liquors 
there.  And  as  the  said  Pigwacket  is  at  a  great  distance  from  any 
licensed  person,  praying  that  he  may  be  allowed  to  retail  spirituous 
Liquors  in  the  said  place 

'  This  date  is  accordine  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  25. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1769-70.  457 

[Read  and] 

Resolved  that  the  Petitioner  Henry  Young  Brown  of  Pigwacket 
in  the  County  of  York,  be  and  hereby  is  allowed  to  retail  spirituous 
spirituous '  Liquors  at  Pigwacket  aforesaid,  he  recognizing  before 
two  Justices  of  the  peace,  Quorum  Unus,  within  the  County  of  York 
to  observe  such  Rules  and  Orders,  as  the  Law  directs  in  such  Cases; 
the  Recognizance  to  be  lodged  with  the  Clerk  of  the  Court  of  Gen- 
eral Sessions  of  the  the '  peace,  in  the  County  of  York.  ^Passed 
April  26. 


CHAPTEE    175. 

RESOLVE   GRANTING   11,000  ACRES  OF  LAND  EAST    OF    SACO    RIVER    TO 
CAPT  HENRY  YOUNG  BROWN,  UPON   CERTAIN  TERMS. 

Resolved  that  there  be  Granted  to  Capt  Henry  Young  Brown  Legislative 
eleven  Thousands  acres  of  Land  to  be  Laid  out  in  the  unappro-  coXcu^  °*  ""^ 
priated  Land  within  this  Province  to  the  Eastward  of  Sauco  River,  xxviii.,211. 
and  adjoining  to  a  Grant  of  eight  thousands  five  hundred  and  forty  Archives, 

four  Acres  Grantd  to  the  Said  Cap'  Brown  in  the  Year  1766,  to  ^''^'^^- ^^»- 

extend  On  said  Sauco  River  including  the  Grant  aforesaid  Not  ex-  Refords'of  the 
ceeding  Seven  Miles  and  so  to  extend  back  from  Said  River  and  on  council, 
the  back  of  the  Grant  aforesaid  so  farr  as  to  compleat  the  eleven  House  Jour, 
thousands  acres  aforesaid  and  That  the  aforesaid  Cap  Brown  Return  g^'jo* 45^61^66 
a  plann.of  this  Last  Grant  Taken  by  a  Surveyor  &  Chainmen  under  67,107,134,135,' 
Oath  in  Twelve  months  to  this  Court  for  Confirmation  And  that  igs!  189.  Ante' 
the  said  Henry  Young  Brown  Give  security  for  the  settleing  the  p-393,  chap.  46. 
Said  Lands  Now  Granted  and  for  the  proforming  the  Same  Condi- 
tions required  in  the  first  Grant  or  sale  of  a  Township  to  him  the 
said  Brown  in  the  Year  1764     which  Grant   of  eleven  thousand 
acres  aforesaid  is  Considered  by  this  Court  in  full  Consideration 
of  all  the  demands  that  the  Said  Henry  Young  Brown  has  against 
this  province  for  the  Lose  of  Lands,  occationed  by  the  Disputed  lines 
between  this  province  and  the  province  of  new  hampshire  and  that  the 
said  Brown  give  the  Govern'  a  Quit  Claim  for  all  the  Lands  Included 
in  the  Township  Sold  him  by  this  Governmint  in  y"'  Year  176-4, 
that  are  between,  Warren,  And  Bryants  Lines  exceepting  Twenty 
Two  hundred  Acres  already  Sold  to  Sundry  persons,  and  also  one 
hundred  acres  Taken  Out  of  his  Own  Farme  and  this  Last  Grant 
be  also  Considered  in  full  consideration  of  all  costs  &  Charges  the 
said  Brown  has  already  been  at  or  may  be  put  too  by  Reason  of  the 
disputed  Lines  aforesaid  and  that  the  said  Brown  give  this  Govern- 
ment a  Discharge  in  full  for  the  same  Also 

Resolved  that  the  Treasurer  of  the  Province  be  directed  to  give 
up  to  Cap'  Henry  Young  Brown  his  Bond  for  Two  hundred  pounds 
Dated  in  1764  being  the  purchas  Consideration  of  the  Town  Ship 
aforesaid,  and  in  Lieu  thereof  The  said  Brown  do  give  a  New  bond 
to  the  Treasurer  aforesaid  for  the  Use  of  the  province  for  Two  hun- 
dred pounds,  with  suificient  Sureties  to  bare  date  the  fifth  day  of 
May  Next  payable  In  one  Year  with  Lawful  Inter'  which  Bond 
when  paid  Shall  be  in  full  Consideration  for  all  the  Grants  afore- 
said.    [Passed  April  26. 

'  Sic. 


458  Province  Laws  (i2esoZ?;es,e<c.),  — 1769-70.  [Chaps.  176,  177.] 


CHAPTER    176. 

RESOLVE   ALLOWING   £60  AND    A    FURTHER    SUM    OF    £39.  1    TO    JOHN 
THOMAS. 

Kecordfolthe       ^  PETITION  of  John  Thomas     Setting  forth     that  he  has  been 
Council,  employed  by  a  Committee  of  this  Court,  to  take  the  Charge  of,  and 

Mass.''^^ '  attend  the  light  House  on  the  Gurnet  at  the  Entrance  of  the  Har- 
^vi^Iso'  bour  of  Plymouth,  and  has  performed  that  Service  one  year,  end- 
.j^^ — '- ing  the  14"'  day  of  Novem'  last.  And  praying  an  Allowance  there- 
Archives,  for,  and  also  an  Allowance  for  Wood  and  Coal,  expended  for  the 
HouBijour.-  Benefit  of  the  light 
"^'.pp^ios.iss.      [Read  and] 

p.  349,  chap.  36.  Resolve'd  that  there  be  granted  &  paid  Out  of  the  publick  Treas- 
ury unto  John  Thomas  Esq  the  sum  of  sixty  pounds  Lawful! 
money  in  full  Consideration  of  his  Service  as  Keeper  of  the  light 
House  on  the  Gurnett.  for  An  Year  ending  the  li""  of  November 
Last.  Also  the  sum  of  thirty  Nine  pounds  One  Shill' '  for  fire  Wood 
&  Coal,  expended  at  Said  Light  House  Twenty  Cords  of  Said  Wood 
being  purchas'd  the  9""  of  Oct'  may  Serve  for  the  Most  of  the  present 
Year  agreeable  to  the  Annex'd  Ace'.     \_Passed  April  26. 


CHAPTER    177. 

RESOLVE  IMPOWERING  NORTON    QUINCY,  GUARDIAN,  TO    SELL    LAND 
AND  MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 

Eecordfof  the       ^  PETITION  of  Norton  Quincy  Guardian  of  Joseph  Crossby,  a 

Council,  Minor,  Son  of  Joseph  Crossby,  late  of  Braintree  in  the  County  of 

xxviii.,216.       Suffolk  Esq""  dec''  Setting  forth     that  the  said  Joseph,  in  his  life 

na^ppas^isg.  time,  intended  to  have  given  his  said  Son  a  liberal  Education,  and 

accordingly  sent  him  to  College,  where  he  has  now  resided  above  a 

year  That  the  said  deceased  by  his  last  Will  &  Testament,  devised 

to  his  said  Son  Joseph  certain  Real  Estate  therein  described  but 

gave  him  no  personal  Estate  whatsoever.   That  the  Income  of  the 

Real  Estate,  devised  to  the  said  Joseph,  is  insufficient  to  defrey  the 

Expences  of  his  Board  &  Education  at  College  yearly :  And  praying 

that  he  may  be  impowered  to  make  sale  of  the  said  Real  Estate,  and 

improve  the  proceeds  of  such  sale,  in  the  best  manner  he  can  for 

defreying  the  Expences  of  the  said  Minor's  Education 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be,  &  he  hereby  is  fully  authorized  and  impowered,  in 
his  Capacity  as  Guardian,  to  make  sale  'of  all  the  Real  Estate  of 
the  within  named  Infant,  for  the  most  the  same  will  fetch  and  to 
make  &  execute,  a  good  Deed  or  Deeds  of  the  same,  to  the  Pur- 
chaser, or  Purchasers  thereof,  he  observing  the  Rules  of  the  Law, 
relating  to  the  sale  of  Real  Estates,  by  Executors,  &  Administra- 
tors, and  giving  sufficient  Security  to  the  Judge  of  Probate  for  the 
County  of  Suffolk,  that  the  Money  arising  by  said  sale,  be  applied 
for  the  giving  the  said  Infant  a  liberal  Education,  and  the  Over- 
plus, if  any  be,  be  paid  with  the  Interest  thereof  to  the  said  Infant, 
when  he  shall  arrive  at  lawful  age.     [Passed  April  36. 


[2d  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1769-70.  459 

CHAPTEK    178. 

RESOLVE   ALLOWING  SUNDRY  AMOUNTS   TO  DIVERS  PERSONS. 

Resolved,  that  the  Sum  of  Five  Pounds,  seventeen  shillings,  be  Legislative 
paid  out  of  the  public  Treasury,  in  full  discharge  of  the  annexed  council"  '  "^ 
Acco"  to  the  persons  following.  Viz'  to  the  hon''"  William  Brattle  xxviii.,2i7. 
Esq  £1.18/  To  Joseph  Gerrish  Esq  £1.13/  to  Sam'   Phillips  Esq  ^|fi5.'^8"Jfti,e 
£1  to  Joseph  Erye  Esq  £1.6/  being  in  the  whole  Five  Pounds  sev-  counou,^^ 
enteen  shillings    And  that  the  said  Sum  be  laid  on  the  Towns  of  ^ta"  houbI^''' 
Ipswich,  Middleton,  Eeading,  Boxford  &  Danvers,  in  the  next  Tax  ^0"™'' ^''' '**' 
Act,  in  proportion  as  the  Province  Tax  is  laid.     \^Passed  April  26.     ' 


CHAPTEK    179. 

ORDER  ACCEPTING  REPORT  OF  COMMITTEE  APPOINTED  TO  BURN  GOV- 
ERNM'^  SECURITIES  AND  DISCHARGING  THE  PROVINCE  TREASURER 
OF  THE   SUM   OF   £136,052.  3.  8. 

The  Committee  appointed  to  repair  to  the  Treasurers,  and  take  Legislative 
an  Account  of  the  Government  Securities,  and  see  them  burnt,  &  oouncif,  °*  ** 
consumed  to  Ashes;  have  attended  that  Service,  and  have  recieved  ^^g"'-'"^^- 
of  M'  Treasurer  Gray,  Government  Securities,  payable  in  June  1765,  Archives,  civ.. 

One  hundred,  &  Eighty  eight  Pounds,  the  Interest  paid  thereon,  — 

Thirteen  Pounds,  seventeen  shillings,  &  one  penny,  making  One  Arohives,  civ., 
hundred  twenty  one  pounds,  seventeen  shillings  and  one  penny    Also  664,666.  House 
Government  Securities  payable  in  June   1766,  Fifty  Pounds,  the  pp.  154,  iss,  192. 
Interest  paid  thereon  Four  Pounds,  six  shillings  &  eight  pence,  ^"ap'.ij;^™" 
making  Fifty  four  Pounds  six  shillings  &  eight  pence.  Also  Gov- 
ernment Securities,  payable  in  June  1767,  Seven  hundred  sixty  one 
Pounds,  the  Interest  paid  thereon,  thirty  eight  Pounds,  four  shil- 
lings &  eleven  pence,  making  seven  hundred  Ninety  nine  Pounds 
four  shillings  &  eleven  pence.  Also  Government  Securities,  payable 
in  June  1768,  Thirty  six  hundred  &  one  Pounds,  the  Interest  paid 
thereon.  Two  hundred  &  eleven  Pounds,  five  shillings  &  six  pence, 
making  Thirty  eight  hundred  &  twelve  Pounds  five  shillings  &  six 
pence.  Also  Government  Securities  payable  in  June  1769,  One  hun- 
dred twenty  four  Thousand  nine  hundred  &  Forty  eight  Pounds, 
the  Interest  paid  thereon  Six  Thousand,  three  hundred,  &  sixteen 
Pounds,  nine  shillings  &  six  pence,  making  One  hundred  Thirty  one 
Thousand,  two  hundred  &  Sixty  four  Pounds,  nine  shillings  and 
six  pence  All  which  Securities  amount  to  (with  the  Interest 

included)  One  hundred  Thirty  six  thousand,  and  fifty  two  Pounds, 
three  shillings  and  eight  pence ;  which  we  have  seen  burnt  and  con- 
sumed to  Ashes. 

"^Tan'e-'nTO  '      [  Tho^  Hubbard  ^  Order 

The  within  Eeport  having  been  Read  &  accepted  & 
Orderhl  that  the  Treasurer  be  &  he  is  hereby  Discharged  of  y^ 
S''  Sum  of  one  hundred  thirty  Six  thousand  &  fifty  Two  pounds 
three  Shillings  &  Eight  pence  accordingly.      \_Passed  April  26. 

'  See  *'  An  Account  of  the  Committee  appointed  by  the  General  Court  to  view  Ipswich 
River."  —  House  Journal,  p.  78. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed   1770-71. 


[461] 


LEGISLATIVE   LIST^ 


1770-71 


His  Excellency   THOMAS    HUTCHINSON, 

Captain-Gekeral  and  Goveenoe-in-chief,  etc. 
THOMAS    FLUCKER,    Esq., 

SECRETARY  OF  the  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS. 


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

Samuel  Danfoeth 
Isaac  Rotall 


John  Eeving 
"Williaji  Seattle 
James  Bowdoin 
Thomas  Hubbard 
Haerison  Gray 
James  Russell 
Royall  Tyler 


James  Pitts 
Samuel  Dexter 
Benjamin  Geeenleaf 
Thomas  Sandees,  Jr., 
>E8QR8.  Joseph  Geeeish 

John  Hancock' 
Joshua  Henshaw 
Aetemas  "Ward 
Stephen  Hall 


>ESQES. 


Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  New  Plimouth; 

James  Otis  )  „  Walter  Spooner  ) , 

■ESQRS.  -  -        ^1 


William  Sever 


Jerathmeel  Bowers' 


^ESQRS. 


Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Province  of  Maine  ; 
Nathaniel  Spaehawk,  Jeremiah  Powell  &  John  Bradbury,  Esqrs. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  lying 
between  the  River  of  Sagadahock  <&  Nova  Scotia  ; 

James  Gowen,  Esq. 

1  See  Legislative  Records  of  the  Council,  xxviii.,  22.5-2.32. 

'  Rejected  oy  the  Governor.     See  Legislative  Records  of  the  Council,  xxviii.,  232. 

[463] 


464     Province  Laws  (i^esoZves,  ete.).  —  1770-71.     [Kepresentatives.] 

For  the  Province,  at  large :  — 
Geoege  Leonard,  Jr.,  &  James  Humphrey,  Esqr. 


REPEESENTATIVES   OR   DEPUTIES. 

May  30,  1770  to  April  26,  1771. 
Mr.  THOMAS   GUSHING,  Speaker. 


County  of  Suffolk. 
Boston,   .     .     .  Hon.  James  Bowdoin,' 
Esq., 
Hon.  Thomas  Gushing, 

Esq., 
Mr.  Samuel  Adams, 
John  Hancock,  Esq. 
Mr.  William  Heath. 
Mr.  Samuel  Howe. 
Mr.  Benjamin  Wadsworth. 
Ebenezer  Thayer,  Jr.,  Esq. 
James  Humphrey,  Esq. 


GouNTT  OF  Essex  —  Concluded. 


Roxhury, 

Dorchester, 

Milton,   . 

Braintree, 

Weymouth, 

Hinghani  & 

Cohasset, 

Dedham, 

Medjield, 

Wrentham,  . 

Brookline,   . 

Needham,     . 

Stoughton  & 

Stoughton- 

ham, 

Medway, 

Walpole, 


Rowley,  . 
Salisbury, 
Haverhill, 
Olocester, 

Topsjield, 
Boxford,  . 
Alnisbury, 
Bradford, 


.  Humphrey  Hobson,  Esq. 
.  Galeb  Gushing  Esq. 
.  Mr.  Samuel  Bacheller. 
.  Thomas    Saunders,    Jr.,' 

Esq. 
.  Capt.  Samuel  Smith. 
.  Aaron  Wood,  Esq. 
.  Capt.  Jonathan  Barnard. 
.  Capt.  Daniel  Thurston. 


>  Mr.  Joshua  Hersey. 

.  Nathaniel  Sumner,  Esq. 
.  Mr.  Moses  Bulling. 
.  Mr.  Jabez  Fisher. 
.  Capt.  Benjamin  White. 
.  Capt.  Eleazer  Kings  bery. 

VMr.  Hezekiah  Gay. 

.  Capt.  Jonathan  Adams. 
.  Joshua  Clap,  Esq. 

County  of  Essex. 

.  Capt.  Richard  Darbey,  Jr., 

Mr.  John  Pickering,  Jr. 
.  Dr.  Samuel  Holten. 
.  Capt.  Michael  Farley. 
.     .  Joseph  Gerrish,  Esq. 
.  Benjamin    Greenleaf,' 

Esq. 
.  Richard  Reed,  Esq., 
John  Gallison,  Esq. 
.  Mr.  Ebenezer  Burrill. 
.  Samuel  Phillips,  Esq. 
.  Capt.  Henry  Herrick. 


Charlestown, 
Water  town, 
Woburn,    . 
Concord,  . 
Newton,    . 


Salem,  .     . 

Danvers, 
Ipswich, 
Newbury,    . 
Newburyport 

Marblehead, 

Lynn,  .  . 
Andover,  . 
Beverly, 

'  John  Adams,  Esq.,  chosen  Representative  of  Boston,  in  the  place  of  James  Bowdoin,  Esq.,  who  was 
called  to  the  Council House  Journal,  p.  47. 

^  House  Journal,  p.  f>7,  reads,  '*  Jonathan  Greenleafe." 

'  Nathaniel  Allen,  Esq.,  chosen  Representative  of  Gloucester,  in  the  place  of  Thomas  Sanders,  Jr., 
who  was  called  to  the  Council,  —  House  Journal,  p.  43. 

*  House  Journal,  p.  25,  reads,  "Benjamin  Hall." 


County  of  Middlesex. 
Cambridge,    .     .  Hon.  William  Brattle, 
Esq., 
Mr.  Thomas  Gardner. 
.  Edward  Sheaffe,  Esq. 
.  Mr.  John  Remmington. 
.  Mr.  Oliver  Richardson. 
.  Capt.  James  Barrett. 
.  Capt.  Abraham  Fuller. 
.  Samuel  Bancroft,  Esq. 
.  Mr.  Samuel  Witt. 
.  William  Stickney,  Esq. 
.  Joseph    Buckminster, 

Esq. 
.  William  Reed,  Esq. 
.  Mr.  Simeon  Spaulding. 
.  John  Noyes,  Esq. 
.  Capt.    Ebenezer   Ham- 
den. 
.  Mr.  Abraham  Bigelow. 
.  Stephen  Hall,*  Esq. 
.  Capt.  Joseph  Mellen. 
.  Capt.  Jonas  Dix. 
.  Henry  Gardner,  Esq. 


Marlborough, 

Billerica, 

Framingham, 

Lexington, 

Chelmsford, 

Sudbury,  . 

Maiden,    . 

Wesloti,     . 
Medford,  . 
Sopkinston, 
Waltham, . 
Stow,   .     . 
Oroton, 
Shirley  and 
Pepperrell, 


>  James  Prescott,  Esq. 


[Representatives.]     Province  Laws  (iJesoZwes,  ete.).  —  1770-71.      465 


Sprmgfield  & 
Wilbraham, 


County  of  Hampshire. 

/-Hon.  John  Worthington, 

)       Esq., 

V.  Major  Benjamin  Day. 


Northampton  & 
Southampton, 
Hadley, 
South  Hadley, 
Amherst  and 
Qranby, 
Hatfield,     . 
Westfield,   .     . 
Deerfield, 
Oreenfield, 
Shelburne, 
Conway,  J 

Sunderland  and  } 


Joseph  Hawley,  Esq. 


Mr.  Elisha  Porter. 


Mr.  John  Dickinson. 
Mr.  John  Ingersol. 


Ur.  David  Field. 


Mr.  William  Billins 


Montague, 

Brinifield,  n 

South  Brimfield  >  Mr.  Timothy  Danielson. 

&  Monson,  J 


County  of  Plymouth. 

Plymouth,  . 
Scituate, 
Duxbury,    . 


Marshfield, 
Bridgwater, 
Middleborough 
Rochester,  . 
Pembroke,  . 
Kingston,  . 
•ton,    . 


.  James  Warren,  Esq. 
.  Mr.  Gideon  Vinal. 
.  Capt.  John  Wads  worth. 
.  Capt.  Anthony  Thomas. 
.  Capt.  Edward  Mitchell. 
.  Capt.  Ebenezer  Sprout. 
.  jVIr.  Samuel  Sprague. 
.  Josiah  Keene,  Esq. 
.  Capt.  Robert  Bradford. 
.  Capt.    Woodbridge 
Brown. 


County  of  Barnstable. 


Barnstable, 
Sandwich,  . 
Yarmouth,  . 
Eastham  and 
Welfleet, 
Harwich,  . 
Falmouth,  . 
Chatham,     . 


.  Hon.  James  Otis,' Esq. 
.  Mr.  Stephen  Nye. 
.  David  Thacher,  Esq. 

>  Elisha  Doane,  Esq. 

.  Mr.  Benjamiu  Freeman. 
.  Capt.  Joseph  Robinson. 
.  Mr.  Joseph  Doane. 


County  of  Bristol. 
Taunton,     .     .     .  Daniel  Leonard,  Esq., 
George  Godfrey,  Esq. 


County  of 

Rehobolh,  . 
Swa?izey  u'ith 
Shawamet, 
Dartmouth,     . 
Norton  & 
Mansfield, 
Atlleborough, 
Dighton,    . 
Freetown, 


Bristol —  Concluded. 
.  Capt.  Joseph  Barney. 

■  .lerathmeel  Bowers,  Esq. 

.  Mr.  Walter  Spooner.' 
George  Leonard,'  Jr., 
Esq. 

,  Mr.  John  Daggett. 
Col.  Elnrithan  Walker. 
Mr.  Thomas  Durfee. 


County  of  York. 
Fork,    ....  Thomas  Bragdon,  Esq. 
Kittery,     .     .     .  James  Gowen,  Esq. 
Wells,  ....  John  Wheelwright,  Esq. 
Berwick,   .     .     .  Benjamin    Chadbourn, 

Esq. 
Biddeford  &        n 

Peppcrrtl-  ^Jeremiah  Hill,  Esq. 

boro\  ) 

Dukes  County. 
Edgartown,    .     .  Mr.  Thomas  Cooke. 
Chilmark,      .     .  Jonathan  Allen,  Esq. 
Tisbury,   .     .     .  James  Athearn,  Esq. 

In  the  County  of  Nantucket. 

Sherburne,      .     .  Mr.  Stephen  Hussey. 

County  of  Worcester. 
Worcester,       .     .  Mr.  Joshua  Bigelow. 
.  Capt.  Asa  Whitcomb. 
.  Mr.  Edward  Rawson. 
.  Jedediah  Foster,  Esq. 

I  Edward  Davis,  Esq. 

.  Cajit.  Henry  Iving. 

^  Mr.  Thomas  Denny. 


Lancaster, 
Mendon, 


Oxford  & 
Charlton, 
Sutton,  . 
Leicester,  Speiv- 
cer  and  Paxton, 
Rutland,  Rut- 
land District, 
Oakham  & 
Hubbardston, 
Westborough, 
Northborough, 
Shrewsbury ,    . 


John  Murray,  Esq. 

Capt.  Stephen  Maynard. 
.  Artemas  Ward,  Esq. 


'  Daniel  Davis,  Esq.,  chosen  Representative  of  Barnstable,  in  the  place  of  Hon.  James  Otis,  who  was 
called  to  the  Council.  —  House  Journal,  p.  82. 

'  Benjamin  Akin,  Esq.,  chosen  Representative  of  Da 
was  called  to  the  Council.  —  House  Journal,  p.  61. 

=  Mr.  George  Wheaton,  chosen  Representative  of  Norton.  — House  Jourtial,  p.  43. 


rtmouth,  in  the  place  of  Walter  Spooner,  who 


466      Province  Laavs  (T^eso/ves,  efc.).  —  1770-71.      [Representatives.] 


County  of  Worcester — Concluded. 
Lunenburgh,        {  r,^,„„^.  ru^^^u    v.n 


Fitchburgh, 
Uxbridge,  . 

.     .  Capt.  Ezekiel  Wood. 

Harvard,   .     . 

,     .  Israel  Taylor,  Esq. 

Bolton,  .     . 

.     .  John  Whitcomb,  Esq. 

Hardwick,  . 

,     .  Hon.  Timothy  Ruggles, 

Esq., 

Daniel  Leonard,  f  Esq. 

Sturbridge, 

.     .  Moses  Marc}-,  Esq. 

Grafton,     . 

.     .  Mr.  Ephraim  Sherman. 

Petersham, 

.     .  Mr.  Ruggles  Spooner. 

CofNTY  OF  Cumberland 
Falmouth  and 
Cape  Elizabeth, 
Brunswick, 


Jedediah  Preble,  Esq. 
Mr.  Samuel  Stanwood. 


County  of  Berkshire. 

Sheffield,  Great  x 

Barri7igton  and  V  David  Ingersol,  Jr.,  Esq. 

Egremo>it,  J 

Stockbridge,   .     .  Timothy  Woodbridge, 

Esq. 

Piltsjield,   .     .     .  Capt.  Charles  Goodrich. 

Williamston,  .     .  Capt.  Isaac  Searl. 

'  Daniel  Leonard  reads  Daniel  Oliver  in   History  of  Worcester  County,  vol.  2,  p.  1138,  and  State 
Library  copy,  Legislative  Records  of  the  Council,  xxviii.,  229. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirtieth  Day  of  May,  A.D.  1770.^ 


CHAPTEK    1. 

ORDER  FURNISHING  COPIES  OF  THE  PROVINCE  LAWS  TO  THE  DISTRICT  Legislative 

OF   MANSFIELD   AND   THE   DISTRICT   OF   COHASSET.  Keeordsofthe 

Council, 
xxviii.,  310. 

Ordered  That  the  District  of  Mansfield  and  the  District  of  Cohas-  House  Jour, 
set  be  furnished  with  a  Printed  Copy  of  the  Laws  of  this  Province,  ""'i  p-  ''^• 
[Passed  October  11. 


CHAPTEK    2. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUNTY. 

In  the  House  of  Representatives.  Legislative 

Whereas  it  appears  to  this  House  upon  examination  of  the  account  councif  °*  ""^ 
of  the  Treasurer  of  the  County  of  Plymouth,  that  all  the  monies  xxviii..  314. 
granted  and  allowed  by  the  Court  of  General  Sessions  of  the  Peace  House  Jour- 
f or  said  County  for  the  year  1769  were  granted  for  such  purposes        pp-  **  ■    • 
and  appropriations  as  the  Law  impowered  the  said  Court  to  grant 
and  allow  Therefore 

Resolved  That  the  said  account  be  allowed. 

In  Council,  Read  and  Concurred.      [Passed  October  17. 


CHAPTEE    3. 

RESOLVE  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  WORCESTER 
COUNTY  TO  EXTEND  THE  TIME  FOR  THE  SETTLEMENT  OF  AN 
ESTATE. 

A  Petition  of  Joseph  Blake  of  Rutland  in  behalf  of  Abraham  Legislative 
Jacob  Lansinegh  of  Albany  in  the  Province  of  New  York     Setting  comc'if  "'  ""* 
forth     That  the  Estate  of  Isaac  Thomas  late  of  Hardwick  deceased  xxviii..'3i6. 
being  represented  Insolvent,  Commissioners  were  appointed  to  re-  House  Jour, 
ceive  and  examine  the  Claims  on  said  Estate     That  the  said  Isaac  ^nle^p^ii^' 
Thomas  in  his  life  time  gave  his  note  of  hand  for  the  Sum  of  ninety  "IJ^p'' i.LP-  ^"*' 
Pounds  with  Interest  to  the  said  Lansinegh  and  died  without  pay-  P;  303,  chap, 
ing  any  part  thereof     That  the  said  Lansinegh  living  at  such  a  dis-  ^'*'' 

^  There  was  no  business  done  in  the  1st  and  2d  sessions. 


468 


Province  Laws  {Resolves, etc.).  — 1770-71.     [Chaps.  4-6.] 


tance  had  not  notice  of  said  appointment  till  after  the  time  was 
expired  for  receiving  Claims  on  said  Estate,  by  reason  whereof  he 
must  loose  his  whole  demand  without  the  interposition  of  this  Court : 
And  as  there  is  some  part  of  the  said  Thomas's  Estate  yet  remain- 
ing undivided  among  the  Creditors,  Praying  the  interposition  of 
this  Court  accordingly. 

[Eead  and] 

jResolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Judge  of  Probate  &c  for  the  County  of  Worcester  is  hereby 
impowered  and  directed  to  lengthen  out  the  time  for  receiving  the 
Claims  to  the  said  Isaac  Thomas's  Estate  for  the  space  of  two  months, 
and  the  Petitioner  is  hereby  allowed  to  enter  his  Claim  and  shall  be 
intitled  to  such  priviledges  in  any  future  dividend  of  said  Estate  as 
he  ought  by  Law  to  receive.     [Passed  October  18. 


CHAPTEE    4, 


Legislative 
Records  ol  the 
Council, 
xxviii.,317. 

House  Jour- 
nal, p.  102. 


ORDER  FURNISHING  A  COPY  OF  THE  PROVINCE  LAWS  TO  THE    TOWN 
OF   WORTHINGTON. 

Ordered  That  the  Town  of  Worthington  be  furnished  with  a  set 
of  the  Province  Laws.     [Passed  October  19. 


CHAPTER    5. 


Legislative 
Eecords  of  the 
Council, 
xxviii.,  317. 
Mass. 
Archives, 
Ixvi.,  484. 

House  Jour- 
nal, p.  105. 
Province 
Laws,  iv.,  1005, 
note.    Ante^ 
p.  350,  chap.  37. 


VOTE  APPOINTING  A  COMMITTEE  TO  TAKE  CARE  OF  THE  LIGHT  HOUSE 
ON  THE   GURNET. 

In  the  House  of  Representatives 

Voted  That  Coll  Warren,  &  Cap'  Anthony  Thomas  with  such  as 
the  Honb'  Board  shall  Join  be  A  Committee  to  take  Care  of  the 
Light  House  on  the  Gurnet  near  Plymouth  Harbour.  &  Effectually 
repair.  &  secure  the  same. 

In  Council  Read  and  Concurred  and  W™  Sever  Esq'  is  joined  in 
the  Affair.     [Passed  October  20. 


CHAPTER    6, 


Legislative 
Records  of  the 
Council, 
xxviii.,  319. 

House  Jour- 
nal, p.  109. 


RESOLVE  FURNISHING  A  COPY  OF  THE   PROVINCE  LAWS  TO  THE   DIS- 
TRICT  OF   SHELBURNE. 

Resolved  That  the  District  of  Shelburne  be  furnished  with  a  set 
of  the  Province  Laws.     [Passed  October  2S. 


[3d  Sess.]     Province  Ijaws  {Resolves,  etc.).  — 1770-71.  469 

CHAPTEE    7. 

RESOLVE   GRANTING   £74.  1/  TO   JOSHUA   NICKERSON. 

A  Petition  of  Joshua  Nickerson  of  Harwich  in  the  County  of  S^^'^'f^P  ^ 
Barnstable      Praying  an  allowance  for   Boarding  and  supporting  councif," 
Barnabas  Hall  and  Marcy  his  Wife  two  ancient  and  very  Indigent  Mai".'''  ^^^' 
people  Inhabitants  of    Falmouth  in   Nova  Scotia  and  who    were  Archives,  cv., 

brought  from  thence  in  a  Vessel  and  landed  by  Persons  unknown  -^ . 

near  the  Petitioners  Dwelling  House  in  said  Harwich  in  June  1765.  Archives  cv 

[Read  andl  esa-e*}.  Exel 

r.7iiiii  ci  ...  r.  T  utlve  Records 

Kesoived,  that  the  prayer  oi  the  petitioner  be  so  far  granted  as  ot  the  council, 
that  he  be  allowed,  &  he  is  accordingly  Impowered  to  receive  out  Houee'jour- 
of  the  Province  Treasury  the  sum  of  Eight  Shillings  p'  week  for  nai,pp.io6,i09, 
one  Hundred  &  four  weeks  being  the  time  he  kept  the  two  aged 
persons  together:  &  four  shillings  p'  Week  for  thirty  Nine  Weeks 
being  the  time  he  kept  the  Widow  after  the  Death  of  the  Husband. 
&  the  additional  sum  of  two  pounds  Nine  shillings  &  Eight  pence 
for  the  Necessary  supplies  &  funeral  Charges  of  the  said  Deceas'd, 
more  than  what  the  petetioner  receiv'd  of  his  effects;  amounting  in 
the  whole  to  seventy  four  pounds  one  shilling,  &  that  the  sum  so 
receiv'd  be  in  full  satisfaction  of  all  the  petetioners  Demands  against 
the  province.     \^Passed  *  October  23. 


CHAPTEE    8. 

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

Whereas  it  appears  upon  the  examination  of  the  County  Treas-  Legislative 
urer's  account  for  the  County  of  Barnstable  that  all  the  monies  ^unc'if"*"'* 
granted  and  allowed  by  the  Court  of  General  Sessions  of  the  peace  xxviii.,'320. 
for  said  County  for  the  year  1769  were  granted  for  such  purposes  House  Jour- 
and  appropriations  as  the  Law  impowered  the  said  Court  to  grant  °a'.PP'92,i08. 
and  allow;  therefore 

Resolved  that  the  said  account  be  allowed.     [Passed  October  23. 


CHAPTEE    9. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  CUMBER- 
LAND COUNTY. 

Whereas  it  appears  upon  the  examination  of  the  County  Treas-  Legislative 
urers  account  for  the  County  of  Cumberland  that  all  the  monies  coSnc'if  °' ""^ 
granted  and  allowed  by  the  Court  of  General  Sessions  of  the  Peace  xxvm.,'320. 
for  said  County  for  the  year  1769  were  granted  for  such  purposes  House  Jour, 
and  appropriations  as  the  Law  impowered  the  said  Court  to  grant  "a'-PP-^^.ios. 
and  allow ;  therefore 

Resolved  that  the  said  account  be  allowed.     [Passed  October  23. 


470 


Province  Laws  {Resolves, etc.).  — 1770-71.     [Chaps.  10, 11.] 


CHAPTER    10. 


RESOLVE  ALLOWING  THE   ACCOUNT   OF  THE  TREASURER  OF  SUFFOLK 
COUNTY. 


Legislative 
Records  of  the 
€ouncil, 
xxvlii.,  322. 

House  Jour- 
nal, pp.  92, 99. 


Whereas  it  appears  upon  the  examination  of  the  County  Treas- 
urers account  for  the  County  of  Suffolk  that  all  the  monies  granted 
and  allowed  by  the  Court  of  General  Sessions  of  the  peace  for  said 
County  for  the  year  1769  were  granted  for  such  purposes  and  appro- 
priations as  the  Law  impowered  the  said  Court  to  grant  and  allow; 
therefore 

Resolved  That  the  said  account  be  allowed.     \_Passed  October  24. 


CHAPTER    11 


Legislative 
KecordB  of  the 
Council, 
xxviii.,  323. 

House  Jour- 
nal, pp.  104, 108, 
109.    Province 
Laws,  ii.,  161, 
chap.  10. 


RESOLVE  IMPOWERING  MARY  WARDWELL,  ADMINISTRATRIX,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Mary  Wardwell  late  Widow  of  Joseph  Foster  late 
of  Andover  in  the  County  of  Essex  deceased,  and  administratrix  of 
the  said  deceaseds  Estate  Setting  forth  That  the  Fences  on  the 
said  deceaseds  Real  Estate  being  so  much  out  of  Repair  that  it  is 
judged  the  Income  thereof  will  in  future  not  exceed  the  expence 
of  keeping  the  said  Fences  in  Repair,  there  being  very  little  Wood 
left  on  the  place  That  the  said  deceased  left  two  Children,  (daugh- 
ters) one  of  whom  is  lately  married  and  stands  in  need  of  her  por- 
tion, and  the  Petitioner  being  herself  in  indigent  circumstances  And 
praying  that  she  may  be  impowered  to  make  Sale  of  all  the  Real 
Estate  of  the  said  deceased ;  she  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  accordingly  is  hereby  impowered  to  make 
sale  of  the  Estate  in  her  Petition  mentioned  for  the  most  the  same 
will  fetch,  and  make  and  execute  a  sufficient  Deed  or  deeds  thereof; 
she  observing  the  rules  and  directions  of  the  Law  relative  to  the 
Sale  of  Real  Estates  by  Executors  and  administrators  and  giving 
sufficient  security  to  the  Judge  of  Probate  for  the  County  of  Essex 
that  the  proceeds  of  said  sale  shall  be  applied  as  follows  viz'  one 
third  part  thereof  be  put  to  Interest  for  the  use  of  the  said  Mary 
the  Widow,  she  to  receive  the  said  Interest  annually  for  her  sup- 
port during  her  natural  life,  and  the  residue  after  the  debts  are 
paid  (if  any  debts  there  be)  shall  be  distributed  to  the  Heirs  of  the 
said  Joseph  agreable  to  Law,  and  the  other  third  after  the  said 
Widows  decease  shall  be  distributed  to  said  Heirs  or  their  legal 
Representatives  in  like  manner  as  they  could  have  inherited  if  the 
said  Land  had  not  been  sold.     \^Passed  October  24. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  471 


CHAPTEK    12. 

RESOLVE   WITH  NOTICE  AND   STAY   OF   EXECUTION  ON    THE    PETITION 
OF  ABEL  SAWYER,  JUN^,  TO   REVIEW  AN   ACTION. 

A  Petition  of  Abel  Sawyer  jun'  of  Newbury  in  the  County  of  p';?'"'^''''!., 
Essex  Setting  forth     That  on  the  tenth  day  of  May  1768  he  gave  council, 
his  Note  of  hand  for  the  Sum  of  Six  pounds  to  one  Richard  Wait  '"'^'"■'  *^^- 


of  Maiden  in  the  County  of  Middlesex,  and  on  the  28  day  of  May  ^a'i"pp.'io4,''io5. 
1769  settled  and  took  a  Receipt  from  the  said  Richard  in  full  of 
all  demands  to  that  time,  he  then  pretending  the  said  Note  was 
lost  and  so  could  not  deliver  up  the  same;- notwithstanding  which 
in  the  absence  of  the  Petitioner  and  unknown  to  him  until  after 
his  return,  the  said  Richard  brought  an  action  against  the  Peti- 
tioner on  the  Note  aforesaid  in  May  last  and  recovered  Judgment 
against  him  by  default  for  the  said  Sum  of  Six  pounds  and  Costs. 
And  praying  that  he  may  be  impowered  to  Review  the  said  action 
at  the  next  Inferior  Court  of  Common  pleas  for  the  County  of  Mid- 
dlesex the  default  aforesaid  notwithstanding,  and  that  Execution 
may  be  staid  in  the  mean  time. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  notify  Richard  Wait  the  adverse  party  by 
leaving  with  him  an  attested  Cof)y  of  the  Petition  that  he  shew 
cause  if  any  he  hath  on  the  second  Wednesday  of  the  next  Session 
of  the  General  Court  why  the  prayer  thereof  should  not  be  granted, 
and  the  Execution  in  the  Petition  mentioned  be  staid  in  the  mean- 
time; provided  the  Petitioner  gives  security  to  the  sheriff  of  the 
County  of  Suffolk  to  pay  and  satisfy  such  Sum  or  Sums  as  may  be 
finally  recovered  by  the  said  Richard  against  the  Petitioner.  [Passed 
October  25. 


CHAPTER    13. 

RESOLVE   ALLOWING   THE    ACCOUNT   OF    THE    TREASURER    OF    ESSEX 
COUNTY. 

Whereas  it  appears  upon  the  examination  of  the  County  Treas-  Legislative 
iirer's  account  for  the  County  of  Essex  that  all  the  monies  granted  Recordsotthe 
and  allowed  by  the  General  Sessions  of  the  peace  for  said  County  xxviii.,'327. 
for  the  year  1769  were  granted  for  such  purposes  and  appropria-  House  Jour- 
tions  as  the  Law  impowered  the  said  Court  to  grant  and  allow;  ""•i.pp-s'^.ios. 
therefore 

Resolved  that  the  said  account  be  allowed.     [Passed  October  26. 


CHAPTER    14. 

RESOLVE    GRANTING    TO    JOSEPH    FRYE    LICENSE    TO    SELL   STRONG 
DRINK. 

A  Petition  of  Joseph  Frye  Esq'     Setting  forth     That  under  Legislative 
the  patronage  of  this  Government  he  hath  settled  upwards  of  fifty  counc'if  °' ""* 
Families  in  a  new  Township  (at  present  called  Fryeburg)  in  the  xxviu.,  330. 


472  Province  Laws  (i?esoZfes,  e<c.).  —  1770-71.     [Chap.  15.] 

County  of  York  and  is  about  removing  thither  with  his  Family    That 
the  said  Township  not  being  Incorporated  there  are  no  Selectmen  to 


Mass.  recommend  any  Person  in  it  to  the  Court  of  General  Sessions  of  the 

cxviir,^464.  peace  for  a  License  to  sell  Spirituous  Liquors  and  as  the  Petitioner 
naTpp'wi'^ioT  purposes  to  open  a  Store  in  the  said  Township,  Praying  that  he  may 
I22,'i23.  Prov'  be  impowerecl  to  Retail  Spirituous  Liquors  there. 

Ince  Laws,  r  x)  „„  i   „  „  n 

xvu.,  361,  chap.       [Kead  and  J 

*'®-  Resolved  that  the  prayer  of  the  foregoing  petition  be  So  far  Granted 

as  that  the  Court  of  Gen'  Sessions  for  the  peace  for  the  County  of 
York  are  hereby  Impowered  to  Grant  the  petitioner  Licenc  to  Retail 
Spirituous  Liqueurs  In  Said  Township  of  Frybourge  (at  their  next 
Term)  &  until  the  time  for  Granting  Licences  in  said  County  by 
Law  shall  commence.     [Passed  October  SO. 


CHAPTER    15. 

RESOLVE  ACCEPTING  REPORT  OF  COMMITTEE  ON  GENERAL  ACCOUNT 
OF  THE  PROVINCE  TREASURER  ENDING  MAY  30,  1770,  AND  DISCHARG- 
ING  HIM   OF    £150,800.  4.  7. 

Eecorda'ofthe       '^^^  COMMITTEE  to  whom  was  referred  the  examination  of  the 
Council,  accounts  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  General  of 

Mass.''^^'       his  Majesty's  Revenues  within  the  Province  of  the  Massachusetts 
Archivee,         Bay  in  New  England  begining  31  May  1769  and  ending  30  May 

— — - — '■ 1770  having  attended  that  service,  upon  examining  the  same,  find 

Archives,         them  right  cast  and  well  vouched,  by  which  it  appears,  that  the 
Legisiatwe       ^''^^'^  accomptant  charges  himself  with  the  Sum  of  Fifty  one  thou- 
Recordsoithe  sand  two  hundred  thirty  two  pounds,  two  shillings  and  eight  pence, 
xxTiii.,  bs.       being  so  much  due  for  Taxes,  as  represented  by  his  last  account. 
nai"pp''S"ii8    -^Iso  with  the  Sum  of  Thirty  eight  thousand,  nine  hundred,  seventy 
119.'        '     '    four  pounds  six  shillings  and  one  penny  being  the  balance  due  by 
last  account,  also  with  the  Sum  of  One  hundred  thousand  pountls 
borrowed  of  sundry  persons  by  virtue  of  au  Act  of  the  General  Court 
made  and  j)assed  at  their  Session  in  May  1768  for  which  Sum  [he] 
gave  notes  payable  in  June  1770,  also  with  the  sum  of  thirty  four 
thousand,  one  hundred  thirty  six  pounds,  seven  shillings  and  eleven 
pence,  also  with  the  Sum  of  eight  hundred,  eighty  three  pounds, 
seventeen  shillings  received  for  a  Bill  of  Exchange  in  part  for  £1,200 
Sterl^  drawn  on  Jasjjer  Mauduit  which  was  accepted  only  for  £662.- 
.     17.9  Sterling  Exchange  at  33M3  $»  C'    also  with  the  sum  of  Six  hun- 
dred seventy  four  pounds  thirteen  shillings  and  one  penny  received 
of  sundry  persons  for  Lands  sold,  also  with  the  Sum  of  One  hundred 
ninety  five  pounds  six  shillings  and  three  pence  received  of  the 
Farmers  of  Excise  upon  Tea,  also  with  the  Sum  of  Twenty  two 
hundred  and  seven  pounds,  three  shillings  and  five  pence  received 
of  the  Collectors  of  Excise  upon  Spirituous  Liquors,  also  with  the 
Sum  of  Two  hundred  forty  one  pounds,  nineteen  shillings  received 
of  the  Justices  and  Sheriffs  for  Fines,  also  with  the  Sum  of  five 
hundred  ninety  two  pounds,  one  shilling  &  seven  pence  received  of 
the  late  Commissary  Hubbard  being  the  profits  arising  by  the  Indian 
Trade,  also  with  the  Sum  of  Six  hundred  and  one  pounds,  nine  shil- 
lings and  seven  pence  received  of  the  hon*"''  James  Russell  Esq'  Com- 
missioner of  Impost  Duties:    all  which  Sums  amount  to  Two  hundred 
twenty  nine  thousand,  seven  hundred  thirty  nine  pounds  six  shil- 
lings and  seven  pence.  The  Committee  further  find  that  the 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1770-71.  473 

said  accomptant  discharges  himself  by  sundry  payments  and  dis- 
bursmeuts  by  order  of  the  Governor  and  Council  amounting  to  four- 
teen thousand,  four  hundred  and  ten  pounds,  nine  shillings,  also  by 
Government  Securities  burnt  by  a  Committee  of  both  Houses  amount- 
ing to  with  Interest  One  hundred  thirty  six  thousand  and  fifty  two 
pounds  three  shillings  and  eight  pence,  also  by  a  remittance  of  Taxes 
on  the  Town  of  Becket  for  the  years  1761,  1763  and  1763  by  Order 
of  Court  June  8. 1764  amounting  to  One  hundred  forty  seven  pounds 
ten  shillings,  also  by  Taxes  arising  by  means  of  a  defective  Constable 
in  the  Town  of  Methuen  for  the  year  1766  and  the  Execution  re- 
turned by  the  Sheriff  non  est  inventus  amounting  to  fifty  eight 
pounds,  eleven  shillings  and  one  penny  and  is  now  added  to  the 
Taxes  of  Methuen  for  the  year  1769,  also  by  Taxes  laid  on  the  Town 
of  Wenham  for  1765  One  hundred  thirty  one  pounds,  ten  shillings 
and  ten  pence,  which  Sum  no  return  was  ever  made,  nor  no  part  of 
it  ever  paid  into  his  majesty's  Treasury  and  said  Sum  is  now  added 
to  the  Taxes  of  Wenham  for  the  year  1769,  also  by  outstanding  Taxes 
due  from  the  several  Towns  amounting  to  the  Sum  of  Sixty  five 
thousand  two  hundred,  nineteen  pounds,  three  shillings  and  ten 
pence;  By  balance  in  hand  further  to  account  for  Thirteen  thou- 
sand, seven  hundred  and  nineteen  pounds,  eighteen  shillings  and 
two  pence,  all  which  Sums  amount  to  Two  hundred,  twenty  nine 
thousand,  seven  hundred,  thirty  nine  pounds,  six  shillings  and  seven 
pence  Nath''  Sumner  ^  Order 

Upon  which  the  following  Order  passed  viz' 

Resolved  That  the  Treasurer  be  &  hereby  is  discharged  of  the  Sev- 
eral payments  in  the  foregoing  Account,  amounting  to  One  hun- 
dred &  fifty  thousand.  Eight  hundred  pounds,  four  shillings  &  Seven 
pence  And  that  he  be  further  Accountable  for  the  Sum  of  Sixty 
five  thousand  Two  hundred  &  nineteen  pounds  Three  Shillings  & 
Ten  pence  outstanding  Taxes  due  from  the  Several  Towns  when 
received  into  the  Treasury  and  the  further  sum  of  Thirteen  Thou- 
sand seven  hundred  &  nineteen  pounds.  Eighteen  shillings  &  Two 
pence  ballance  in  hand.     \^Passed  October  30. 


CHAPTEK    16. 

RESOLVE   ALLOWING   £20  TO   WILLIAM  BAKER. 

A  Petition  of  William  Baker    Setting  forth.  That  he  has  upwards  Legislative 
of  twenty  years  served  the  Government  in  the  capacity  of  messenger  c^unctf"*""^ 
to  the  two  Houses  during  their  sitting,  and  in  the  recess  of  the  xxviii.,'337. 
Court  as  Doorkeeper  to  the  Governor  and  Council,  during  all  which  Archives,!., 

time  he  has  done  his  best  endeavours  faithfully  to  discharge  the  *1L 

duties  of  his  office     That  the  Grants  made  him  from  time  to  time  ^'^^^; 

for  his  Services,  have  been  insufficient  for  the  support  of  himself  346.  Legi'aia- 

and  Eamily.  And  praying  a  further  allowance.  tiufc^un^'l''"'^ 

[Read  and]  Ho^usfjour. 

Resolvd  that  the  Sum  of  twenty  pounds  be  allowd  and  paid  out  nai,pp.r27,i30. 
of  the  publick  Treasury  to  William  Baker  the  Petitioner  in  Consid- 
eration of  his  extraordinary  Services.     {^Passed  November  2. 


474 


Peovince  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  17,  18.] 


CHAPTEK    17. 


RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  DISCHARGE  THE 
TOWN  OF  DEERFIELD  OF  £4.  7.  10  TAXES  AND  LAY  THE  SAME  UPON 
THE  DISTRICTS   OF  SHELBURNE  AND   CONWAY. 


Recordsof the       WHEREAS  it  appears  to  this  Court  that  the  Town  of  Deerfield 
Council,  was  Taxed  the  Sum  of  fifteen  pounds  ten  shillings  the  whole  of  the 

Representatives  pay  for  the  Town  of  Deerfield  the  Districts  of  Shel- 


xxvlii.,340. 


nai"pp.''iXi29,  burne  and  Conway  for  the  last  year:  and  whereas  it  appears  that 
iso^^ProviVe'  part  of  said  Sum  of  £15.10/  to  wit  £3.10.4  ought  to  have  been  set 
chap.'i;"i4i',  to  aud  laid  upon  the  District  of  Shelburne,  and  also  £1.17.(3  part 
""'*■  of  said  Sum  of  £15.10/  ought  to  have  been  set  to  and  laid  upon  the 

District  of  Conway  but  the  same  was  inadvertently  omitted ;  there- 
fore 

Resolved  and 

Ordered  that  the  Treasurer  and  Receiver  General  of  this  Province 
be  and  is  hereby  directed  to  discharge  the  said  Town  of  Deerfield 
from  the  Sum  of  four  pounds,  seven  shillings  and  ten  pence  and 
that  the  same  be  set  to  and  laid  upon  the  said  Districts  in  their 
respective  proportions  aforesaid.      [Passed  November  5. 


CHAPTEK    18. 


ORDER  IMPOWERING  SAM"-  FARRAR,  ADM^  TO  SELL  REAL  ESTATE   AND 
MAKING  PROVISION   IN  REGARD  TO  THE  PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxviil.,341. 

House  .Jour- 
nal, p.  135. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Samuel  Farrar  Administrator  of  the  Estate  of 
Elisha  Child  late  of  Lincoln  in  the  County  of  Middlesex  deceased 
Intestate  Setting  forth  That  the  said  deceaseds  debts  together 
with  an  allowance  to  his  Widow  of  Household  utensils,  and  charges 
of  Administration  &c  amount  to  £53.17.6  more  than  his  Personal 
Estate  That  his  Real  Estate  consists  of  the  homestead  in  said  Lin- 
coln, with  an  House,  Barn  and  Shop  thereon,  and  about  one  hun- 
dred and  eleven  acres  of  Land  in  the  County  of  Worcester  That 
the  Lands  in  the  County  of  Worcester  will  be  insuflScient  to  pay 
those  debts  and  charges;  and  as  the  sale  of  a  part  only  of  the  Home- 
stead would  prejudice  the  remainder,  Praying  that  he  may  be  im- 
powered  to  make  sale  of  the  whole  of  the  said  Homestead,  (exclusive 
of  the  Widows  Dower)  he  to  be  accountable. 

Read  and 

Ordered  that  the  prayer  of  the  within  written  Petition  be  granted, 
'and  that  the  Petitioner  in  his  said  capacity  be  and  he  is  hereby 
authorized  and  impowered  to  sell,  to  as  good  advantage  as  may  be, 
the  whole  of  the  said  deceaseds  homestead,  excepting  the  Widows 
Dower,  and  to  give  a  sufficient  Deed  or  deeds  of  the  same;  he  giv- 
ing previous  notice  of  the  intended  sale  in  time  and  manner  as  the 
Law  of  this  Province  respecting  the  sale  of  Real  Estates  by  Exec- 
utors and  administrators  doth  direct;  and  giving  caution  to  the 
Judge  of  Probate  for  said  County  of  Middlesex  that  the  proceeds 
of  such  sale,  so  far  as  shall  be  necessary,  be  applied  for  the  payment 
of  the  Debts  and  charges  aforesaid ;  and  that  the  overplus  be  dis- 
tributed among  the  Heirs  of  the  said  deceased  in  proportion  as  the 


[3d  Sess.]     Province  Laws  (iJeso/ws,  ete.).  —  1770-71.  475 

Law  directs,  and  that  he  render  to  the  said  Judge  an  account,  upon 
Oath,  of  his  proceedings  in  the  premisses  when  thereunto  lawfully 
required.     [Passed  November  6. 


CHAPTEK    19. 

RESOLVE  ADMITTING  SAMUEL  WELLES,  ESQ^  TO  HIS  DIVIDEND  ON  THE 
ESTATE   OF  JOHN   AUSTIN   AND  JOHN  AUSTIN,  JR. 

A  Petitiont  of  Samuel  Welles  Esq'  of  Natick    Setting  forth  That  Blforde  of  the 
by  reason  of  Sickness  he  was  prevented  from  exhibiting  his  claim  council, 

against  the  Estate  of  John  Austin  and  John  Austin  jun'  Insolvent  '^'^''"'■^^- 

Debtors  (amounting  to  £558.13.11%  on  Bond  dated  May  10.  1764  naTppa'2M29, 
with  Interest)  until  the  time  by  Law  allowed  for  that  purpose  was  i3o,'i34. 
expired  That  the  Trustees  being  sensible  of  the  justice  of  the  Peti- 
tioners demand  have  suspended  their  proceedings  that  he  might 
apply  to  this  Court  for  relief.  And  praying  that  he  may  be  admitted 
to  his  dividend  in  the  Estate  of  the  said  John  Austin  and  John 
Austin  jun';  his  not  putting  in  his  claim,  in  the  time  limitted  by 
Law  notwithstanding,  and  that  the  Interest  of  his  said  Bond  to  the 
time  the  other  Debts  and  Claims  were  given  in,  may  be  also  included. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted  and  the  Peti- 
tioner Samuel  Welles  be  admitted  to  his  dividend  in  the  Estate  of 
John  Austin  and  John  Austin  jun'  his  not  putting  in  his  claim  in 
his  own  person  in  the  time  limited,  to  the  contrary  notwithstand- 
ing, and  that  the  Interest  of  his  said  Bond  be  also  included.  [Passed 
November  6. 


CHAPTEK    20. 

RESOLVE   ALLOWING   THE    ACCOUNT    OF    THE    TREASURER    OF    YORK 
COUNTY. 

Resolved  that  whereas  it  appears  upon  examination  of  the  County  Legislative 
Treasurers  account  for  the   County  of  York  that  all  the  monies  councif  °'"'' 
granted  and  allowed  by  the  Court  of  General  Sessions  of  the  Peace  xxYiii.,'342. 
for  said  County  for  the  year  1769  were  granted  and  paid  out  for  House  Jour- 
such  purposes  and  appropriations  as  the  Law  impowered  the  said  J^'-pp-^^-iss, 
Court  to  grant  and  allow,   and   that  therefore  said  accounts  be 
allowed.     [Passed  November  6. 


CHAPTER    21. 

RESOLVE  ALLOWING   £7.  19.  6  TO   WRENTHAM   SELECTMEN   AND  IMPOW- 
ERING  THEM   TO   BIND  OUT  CERTAIN   CHILDREN. 

A  Petition  of  John  Hancock  and  others  Selectmen  of  Wrentham  LegieiaHve 
Praying  an  allowance  for  the  expence  they  have  been  at  in  support-  comicif°*"'* 
ing  two  Children  who  were  left  in  said  Town  by  a  Woman  who  said  xxYiii..'34.'i. 
she  was  the  Wife  of  one  Reid  a  Highland  Soldier  that  had  run  House  Jour. 

°  nal,pp.lll,128, 


476 


Province  Laws  {Resolves, etc.).  — 1770-71.     [Chap.  2-2.'\ 


138, 139.  Prov-  away,  and  left  her  with  the  said  Children,  in  necessitous  circum- 

Ince  LawB,  li.,       .      '' 

1067,  chap.  4.     Stances. 

[Read  and] 

Resolved  That  the  prayer  thereof  be  granted,  and  that  there  be 
paid  out  of  the  Public  Treasury  to  tlie  said  Selectmen  of  Wrentham 
the  Sum  of  Seven  pounds  and  nineteen  shillings  and  sis  pence  for 
Boarding,  Cloathing,  lodging  and  nursing  the  Children  mentioned 
in  the  Petition  viz'  the  oldest  from  the  22''  of  Sei^tember  1T69  to 
the  first  of  June  1770,  the  other  from  the  27  of  October  1769  to 
the  22"  of  May  1770,  and  that  the  Selectmen  of  Wrentham  be  and 
they  are  hereby  impowered  to  bind  out  said  Children,  they  observ- 
ing and  conforming  themselves  to  the  rules  of  the  Law  for  binding 
out  poor  Children  being  Town  Inhabitants,  and  their  doings  in  this 
case  shall  be  deemed  valid  to  all  intents  as  tho'  special  provision 
had  been  made  by  Law  for  this  purpose.     [^Passed  November  7. 


CHAPTEE    22, 


RESOLVE  IMPOWERING  NOAH  COOK,  ADM=,  TO  SELL  REAL  ESTATE  AND 
MAKING  PROVISION   IN  REGARD   TO   THE  PROCEEDS. 

Refordsouhe       ^  PETITION  of  Noah  Cook  administrator  of  the  Estate  of  Aaron 
Council,  Goodrich  late  of  Hadley  in  the  County  of  Hampshire  deceased    Set- 

ting forth    That  the  Personal  Estate  of  the  said  deceased  is  insaffi- 


xxvili.,  345. 


nai"pp"i33,'^i37,  cient  to  pay  his  just  debts,  and  that  it  would  be  for  the 


Laws^u^^m'^  °^  *^^®  Widow  and  Children  of  the  said  deceased  if  the  whole  of  the 
chap.  10.'     '    Real  Estate  was  sold  and  the  money  arising  thereby  (after  the  debts 
are  paid)  secured  for  their  benefit.  And  praying  that  he  may  be  im- 
powered to  make  sale  of  the  same  accordingly. 
[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  in  his  said  capacity  be  and  he  hereby  is  impowered  to 
make  sale  of  the  whole  of  the  Estate  mentioned  for  the  most  the 
same  will  fetch  and  make  and  execute  a  good  Deed  or  deeds  thereof, 
he  observing  the  rules  of  the  Law  for  the  sale  of  Real  Estates  by 
Executors  and  administrators  and  giving  caution  to  the  Judge  of 
Probate  for  the  County  of  Hampshire  that  the  proceeds  be  applied 
as  follows  viz'  the  Interest  arising  upon  one  third  part  thereof  to 
be  annually  paid  to  the  Widow  of  said  deceased  for  her  Dower  during 
her  natural  life,  and  so  much  of  the  remaining  two  thirds  as  is  neces- 
sary be  applied  for  the  payment  of  the  just  debts  of  the  said  deceased, 
and  what  shall  then  remain,  if  any  be,  to  be  paid  to  the  Children 
of  the  said  deceased,  their  Guardians  or  legal  Representatives;  and 
at  the  expiration  of  the  natural  life  of  the  said  Widow  her  third  to 
be  divided  among  the  Heirs  of  the  said  deceased  or  their  legal  Rep- 
resentatives according  to  Law.     \^Passed  November  7. 


[3d  Sess.]     Province  Laws  (^esoZues,  ete.).  — 1770-71.  477 


CHAPTEK    23. 

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

Resolved  That  Whereas  it  appears  upon  examination  of  the  County  LegiBiative 
Treasurer's  accounts  for  the  County  of  Middlesex  that  all  the  monies  count^f, °*  "'^ 
granted  and  allowed  by  the  Court  of  General  Sessions  of  the  peace  xxYiii.,346. 
for  said  County  for  the  year  1769  were  granted  and  paid  out  for  House  Jour- 

•^-i  -,•  ,1,      T  •  1^1  -J   nai.  PP- »-» lob. 

such  purposes  and  appropriations  as  the  Law  impowered  the  said 
Court  to  grant  and  allow,  that  therefore  the  said  accounts  be  allowed. 
\^Passed  November  7. 


CHAPTEK    24. 

RESOLVE   ALLOWING  THE  ACCOUNT  OF  THE  TREASURER   OF    LINCOLN 
COUNTY. 

Resolved  That  whereas  it  appears  upon  examination  of  the  County  Legislative 
Treasurer's  accounts  for  the  County  of  Lincoln  that  all  the  money  Joun^f,"*""^ 
granted  and  allowed  by  the  Court  of  General  Sessions  of  the  Peace  xxYiii.,'347. 
for  said  County  for  the  year  1769  were  granted  and  paid  out  for  House  Jom^^ 
such  purposes  and  appropriations  as  the  Law  impowered  the  said  °   'PP"    ' 
Court  to  grant  and  allow,  that  therefore  the  said  accounts  be  allowed. 
^Passed  November  7. 


CHAPTEE    25. 

RESOLVE  CONFIRMING  A  PLAN  OF  750  ACRES  OF  EQUIVALENT  LAND  TO 
THE   INHABITANTS  OF   UXBRIDGE. 

A  Plan  of  seven  hundred  and  fifty  acres  of  Land  laid  out  to  the  Legislative 
Town  of  Uxbridge,  in  two  pieces,  in  satisfaction  of  a  Grant  made  coSmif, "' *''^ 
by  the  Great  and  General  Court  to  said  Town  at  their  Session  April  xxviii.,'347. 
11.  1770  viz'  one  piece  containing  five  hundred  and  nine  acres  and  House  Jour- 
thirty  two  perch  bounding  north  on  a  Grant  made  to  Charlemont,  Produce" 
West  on  N°  7  Township,  South  on  the  old  Line  of  Ashfield  and  l^^^'^;'™' 
East  on  M^  Cobbit's  Grant,  and  there  being  no  more  Land  in  that  ^n<e,'p.425, 
place  but  some  controverted  Land,  the  remainder  was  laid  bound-  '''"*''■  ^^^' 
ing  on  the  Province  line  north  of  Colrain,  bounding  West  on  Mess" 
Green  and  Walker's  ten  thousand  acres  and  other  ways  on  Province 
Land,  containing  two  hundred  and  forty  acres,  three  roods  and  eight 
perch  Surveyed  June  8  &  9.  1770.  Plan'd  by  a  Scale  of  IOOp 

in  an  inch  ^  Nath'   Dwight  Surveyor  Samuel  Aldridge  and 

Justus  Dwight  Chainmen  Sworn  to,  before  Simeon  Strong 

Jus'  peace 

And  the  same  being  laid  before  the  Court  for  allowance,  the  fol- 
lowing Order  passed  thereon  viz' 

Resolved  That  the  within  Plans  both  together  containing  seven 
hundred  and  fifty  acres  delineated  and  described  as  it  is  set  forth 
thereon  be  accepted  and  hereby  is  confirmed  unto  the  Inhabitants 
of  the  Town  of  Uxbridge  and  to  their  assigns  forever,  in  lieu  of 
and  in  full  satisfaction  for  the  five  hundred  acres  granted  by  the 


478 


Pbovince  Laws  {Resolves,  etc.) .  —  1770-71.     [Chaps. 26-28.] 


General  Court  to  the  said  Town  of  Uxbridge  in  their  Sessions  in 
May  1737  which  fell  into  the  Province  of  Newhampshire  by  running 
the  Line  between  this  Province  and  said  Province  of  Newhampshire; 
Provided  the  said  two  pieces  of  Land  together  do  not  exceed  the 
said  quantity  of  Seven  hundred  and  fifty  acres,  nor  interfere  with 
any  former  Grant.     [Passed  November  7. 


Legislative 
Records  of  the 
Conncll, 
xxviil.,  348. 

House  Jour- 
nal, pp.  92, 139. 


CHAPTEK    26. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE   TREASURER    OF    BRISTOL 
COUNTY. 

Resolved  That  whereas  it  appears  upon  examination  of  the  County 
Treasurer's  accounts  for  the  County  of  Bristol  that  all  the  monies 
granted  and  allowed  by  the  Court  of  General  Sessions  of  the  peace 
for  said  County  for  the  year  1769  were  granted  and  paid  out  for 
such  purposes  and  appropriations  as  the  Law  impowered  the  said 
Court  to  grant  and  allow,  that  therefore  the  said  accounts  be  allowed. 
[Passed  November  7. 


CHAPTEE    27. 


RESOLVE    GRANTING    THE    PETITION    OF    JOHN    PHILLIPS    IN    REGARD 
TO    WAGES  OF  MEN  AT   CASTLE   WILLIAM. 


Legislative 
Records  of  the 
Council, 
x.xviii.,  350. 
Mass. 
Archives, 
Ixxx.,  669. 

Mass. 
Archives, 
Ixxx.,  669. 
Legislative 
Records  of  the 
Council, 
xxviil.,  304, 311, 
313,320,321. 
House  Jour, 
nal,  pp.  136, 140. 
Ante,  p.  375, 
chap.  2. 


A  Petition  of  John  Phillips  late  in  Command  at  his  Majesty's 
Castle  William  Setting  forth.  That  the  Garrison  in  the  Pay  of  this 
Province  was  discharged  in  the  mouth  of  Septem'  last;  and  not 
having  previous  notice  thereof  so  late  in  the  season  of  the  year  they 
had  not  the  opportunity,  as  otherwise  they  might,  of  turning  them- 
selves into  different  employments  for  their  support,  and  many  of 
them,  the  Petitioner  fears  will  suffer  great  hardships  in  the  ensuing 
AVinter  unless  they  are  relieved  by  this  Court.  And  Praying  Relief. 

[Read  and] 

Resolvd  that  the  prayer  of  this  petition  be  so  far  granted  as  that 
the  Establishment  of  Wages  so  far  as  relates  to  y^  Petitioner  &  those 
that  were  under  him  late  in  the  pay  of  the  province  at  Castle  Wil- 
liam &  now  dischargd  be  continued  till  the  twentieth  Day  of  Decem- 
ber next  ensuing.     [Passed  November  8. 


CHAPTEE    28. 


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


Legislative 
Records  of  the 
Council, 
xxviil.,  352. 

House  Jour, 
nal,  pp.  129, 141. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Mary  Allen  administratrix  of  the  Estate  of  her 
late  Husband  Benjamin  Allen  jun'  late  of  Lincoln  in  the  County 
of  Middlesex  deceased  Setting  forth  That  the  said  deceased 
died  siezed  of  a  Tract  of  Land  in  Princetown  in  the  County  of 
Worcester  containing  about  Sixty  acres  with  a  small  dwelling  House 
thereon    That  the  debts  due  from  the  said  deceaseds  Estate  amount 


[3d  Sess.]     Province  Laws  {Resolves,  etc.). —  1770-71.  479 

to  £67.10.3  and  praying  tliat  she  may  be  impowered  to  make  sale 
of  all  the  Real  Estate  which  the  said  deceased  died  siezed  of,  to 
enable  her  to  discharge  the  said  debts  and  support  herself  and  the 
two  Children  of  the  said  deceased  being  daughters,  the  youngest 
not  two  years  of  age. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  impowered  to 
make  sale  of  the  whole  of  the  Real  Estate  in  her  Petition  mentioned 
for  the  most  the  same  will  fetch,  she  observing  the  rules  and  direc- 
tions of  the  Law  relative  to  the  sale  of  Real  Estates  by  Executors 
and  administrators  and  giving  security  to  the  Judge  of  Probate  for 
the  County  of  Middlesex  that  the  proceeds  of  said  Sale  be  applied 
as  follows  viz'  that  the  Petitioner  the  Widow  shall  have  the  use  of 
one  third  thereof  for  her  support  in  lieu  of  her  dower  during  her 
natural  life,  and  the  remainder  be  applied  for  the  payment  of  the 
debts  of  the  deceased,  and  the  residue  after  the  said  debts  are  paid 
together  with  the  Widows  thirds  after  her  decease  be  for  the  benefit 
of  the  Heirs  agreable  to  Law.     \^Passed  November  8. 


CHAPTEK    29. 

RESOLVE  IMPOWERING  HAN*  INGERSOLL,  ADM^,  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION    IN   REGARD   TO   THE    PROCEEDS. 

A  Petition  of  Hannah  Ingersoll  of  Taunton  Widow  &  admin^  Legislative 
of  the  Estate  of  James  Ingersoll  deceased     Setting  forth,  That  coSnc'if, °' '"^ 
the  Estate  of   the  said   deceased  is   insufficient   to    pay  his   just  xxviii.,  352. 
debts     That  the  deceased  left   one   Child  of  about  two  years  of  House  Jour- 
age     That  the  said  Child  has  a  right  in  a  small  Estate  in  Boston  Province  ' 
derived  to  him  from  his  late  Grandfather  which  is  out  of  Repair  Jifap!'io.''  ^^^' 
and  is  all  the  dependance  he  has  for  his  support,  the  Petitioner 
being  unable  to  provide  for  him.  And  praying  that  she  may  be  im- 
powered to  make  sale  of  the  said  minors  interest  in  the  said  Estate 
for  that  purpose. 

[Read  and] 

Resolved  That  the  Petitioner  be  and  she  accordingly  is  hereby 
fully  impowered  to  sell  the  Estate  in  her  Petition  mentioned  for 
the  most  the  same  will  fetch  and  make  and  execute  a  good  and 
sufficient  Deed  or  deeds  thereof,  she  observing  the  rules  and  direc- 
tions of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  ad- 
ministrators and  giving  sufficient  security  to  the  Judge  of  Probate  for 
the  County  of  Bristol  that  she  will  apply  the  proceeds  of  said  Sale 
for  the  benefit  of  the  Child  mentioned  in  her  Petition  in  such  man- 
ner as  the  Judge  of  Probate  for  said  County  shall  from  time  to  time 
order  and  direct.     [Passed  November  8. 


480  Province  Laws  (:Beso^z;es,ete.). — 1770-71.     [Chaps.  30,  31.] 


CHAPTEK    30. 

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

Records'ol the       *'^  PETITION  of  Martha  Davis  administratrix  of  the  Estate  of  her 
Council,  late  Husband  Ephraim  Davis  late  of  Petersham  in  the  County  of 

xxviii.,  353. —  Worcester  deceased     Setting  forth     That  she  hath  already  paid  of 
Si"p|:'niri42,  the  said  dec"*'  debts  the  Sum  of  £23.9.1  more  than  his  Personal 
U3.'  Province'  Estate  was  sufficient  to  discharge,   and  that  there  still   remains 
chap.  10.'     '    due  from  the  said  deceaseds  Estate  to  sundry  Persons   the  Sum 
of  £5.5.9     That  the  said  deceased  died  seized  of  a  Tract  of  Land 
in  said  Petersham  containing  about  Eighty  six  acres  apprised  at 
£50     and  jjraying  that  she  may  be  impowered  to  make  sale  of  the 
said  Tract  of  Land  to  enable  her  to  pay  the  said  deceaseds  remain- 
ing debts  and  reimburse  her  the  said  Sum  of  £23.9.1,  and  also  to 
enable  her  to  supj)ort  herself  and  the  Children  of  the  said  deceased. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  impowered  to 
sell  the  whole  of  the  Real  Estate  in  her  Petition  mentioned  for  the 
most  the  same  will  fetch,  and  make  and  execute  a  good  and  suffi- 
cient Deed  or  deeds  thereof  to  the  purchaser,  she  observing  the 
rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates  by  Ex- 
ecutors and  administrators  and  giving  sufficient  security  to  the 
Judge  of  Probate  for  the  County  of  Worcester  that  the  proceeds 
of  said  sale  shall  be  aj)plied  as  followeth  viz'  that  the  Widow  shall 
be  allowed  the  use  of  one  third  part  thereof  in  lieu  of  dower  during 
her  natural  life  and  the  residue  be  api^lied  for  the  payment  of  the 
deceaseds  debts  and  the  overplus,  if  any  be,  together  with  the  Widows 
third  after  her  decease  shall  be  for  the  benefit  of  the  Children  of 
the  said  deceased  agreable  to  Law,  all  his  just  debts  being  paid  as 
aforesaid.     [Fassed  November  8. 


CHAPTEK    31. 

RESOLVE    ALLOWING    CERTAIN    SUMS    TO '  DIVERS    PERSONS    FOR    SER- 
VICES  IN   RELATION   TO   THE   LAND    BANK. 

Refords'of  the       ^^  '^^^  PETITION  of  Samuel  Dexter  Esq'  and  others  a  Committee 
Coiini-ii,  appointed  to  examine  into  the  state  of  the  late  Land  Bank  Company. 

xxTii..  35a. Besolved  That  there  be  paid  out  of  the  Public  Treasury  as  follow- 

Eecords'of  the  ^th  viz'  To  Samuel  Dexter  Esq'  Thirteen  pounds,  nineteen  shillings. 
Councu,     ^_    To  James  Humphrey  Esq'  Six  pounds,  nineteen  shillings  and  six 
278,321."  House  jjence.  To  said  Committee  for  the  use  of  Seth  Blodgett,  his  account 
inJc,°p!'2%,'*^  ^°''  ^^^  "®®  °^  '^'®  House,  Diet  &c  Seven  pounds  fourteen  shillings 
chap!  155.   '      and  six  pence.  To  said  Committee  for  the  use  of  Nathaniel  Gorham, 
his  account  for  casting  accounts  &c  Fifteen  pounds  sixteen  shillings 
to  be  in  full  for  their  resj)ective  services;  and  that  the  further  con- 
sideration of  the  Petition  so  far  as  respects  the  account  of  Cap' 
Edward  Sheaffe  (one  of  the  Petitioners)  be  referred  to  the  next 
Session.      ^Passed  Novemler  9. 


[3d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  481 


CHAPTER    32. 

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

A  Petition  of  Jeremiah  Whittemore  administrator  of  the  Estate  Legislative 
of  Isaac  Whittemore  late  of  Spencer  in  the  County  of  Worcester  councff  "'"'^ 
deceased  Setting  forth     That  there  remains  in  his  hands  of  the  xxviii-.'sei. 
Personal  Estate  of  the  said  deceased  no  more  than  the  Sum   of  House  Jour- 
£16.7.1%  That  there  still  remains  due  to  sundry  Persons  from  the  Prov'iScf ' "^' 
said  deceaseds  Estate  the  Sum  of  £115.12.01/2     That  the  said  de-  J-^^a'p^'id:' '^^' 
ceased  died  siezed  of  a  Farm  in  said  Spencer  apprized  at  £466.13.4 
and  a  Pew  in  the  meeting  House  apprized  at  five  pounds     That  it 
would  be  prejudicial  to  the  remainder  of  said  Farm  if  so  much 
thereof  should  be  sold  as  will  be  sufficient  to  pay  the  said  debts. 
And  praying  that  he  may  be  impowered  to  make  Sale  of  the  whole 
of  the  Eeal  Estate  afores*  the  produce  of  such  sale  to  be  applied 
for  payment  of  the  said  deceaseds  debts  and  the  benefit  of  his  Chil- 
dren agreable  to  Law. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  impowered  to 
sell  the  Real  Estate  in  his  Petition  mentioned,  for  the  most  the 
same  will  fetch,  and  make  and  execute  a  good  and  sufficient  Deed 
or  Deeds  thereof,  he  observing  the  rules  and  directions  of  the  Law 
for  the  sale  of  Real  Estates  by  Executors  and  administrators  and 
first  giving  sufficient  security  to  the  Judge  of  Probate  for  the 
County  of  Worcester  that  the  proceeds  of  said  sale  shall  be  applied 
as  follows  viz'  that  the  Debts  due  from  said  Estate  be  paid,  and  the 
residue  thereof  paid  to  the  Guardians  of  the  Children  of  the  de- 
ceased to  be  by  them  put  to  Interest  for  the  use  of  the  said  Children 
and  paid  to  them  when  of  age  respectively  as  they  can  by  Law  in- 
herit.    {^Passed  Novemier  9. 


CHAPTER    33. 

RESOLVE  APPOINTING  A  COMMITTEE  TO  MAKE  SALE   OF  AN  ISLAND  IN 
CONNECTICUT   RIVER. 

In  the  House  of  Representatives  Legislative 

Resolved  that  Joseph  Hawley  &  Elisha  Porter  Esquires  with  such  coSncIf,"**''^ 
as  the  Hon.  Board  shall  joyn  be  a  Committee  to  make  Sale  to  the  xxTiii.,362. 
highest  Bidder  at  publick  Vendue,  of  a  certain  Island  in  Connecti-  Archives, 

cutt  River  within  this  Province,  lying  between  that  part  of  the  '"^''"'•'  ^^*" 

Town  of  North  Hampton  called  old  Rainbow  and  that  part  of  the  ^^Jfhives 
Town  of  Hadley  called  Fort  Meadow,  consisting  of  three  or  four  xivi.,  sss.' 
Acres  of  good  improveable  Land,  and  about  as  much  more  that  is  nai,  pp.  132,147. 
likely  in  a  short  time  to  be  fit  for  improvement:  And  that  the  said  ^aws^v^u? 
Com"  be  and  they  hereby  are  authorizd  in  Behalf  of  this  Province  notes.' 
to  convey  the  said  Island  by  Deed  to  the  highest  Bidder;  and  to 
give  to  the  Purchaser,  such  Credit  or  Day  of  Payment  of  the  Pur- 
chase Consideration  or  part  thereof  on  good  Security  to  the  Prov- 
ince Treasurer  for  the  Use  of  the  Province,  and  upon  Interest  from 


482 


Province  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  34,  35.] 


the  time  of  Sales  as  they  shall  judge  will  be  most  for  the  Interest 
of  tlie  Province 

In  Council  Read  and  concurred  and  John  Worthington  Esq  is 
joined  in  the  affair.     [Passed  November  10. 


CHAPTEE    34. 


RESOLVE    ESTABLISHING    THE    GARRISONS    AT    CASTLE    WILLIAM    AND 
FORT   POWNALL  AND   THE   WAGES   THEREOF. 


Legi6lative 
Records  of  the 
Council, 
xxviii.,  363. 


House  Jour- 
nal, pp.150, 151. 
Ante,  p.  478, 
chap.  27. 


Resolved,  That  there  be  an  Establishment  for  fifty  Men,  Officers 
included,  for  the  Defence  of  Castle- William,  and  that  their  Wages 
be  fixed  at  the  following  Rates,  to  continue  from  the  20""  Day  of 
June  last  to  the  10"'  Day  of  September  last  Viz : 


For  one  Captain, 
For  one  Lieutenant 
For  one  Chaplain 
For  one  Gunner 
For  one  second  Gunner 
For  one  Armorer, 
For  two  Serjeants 
For  six  Quarter  Gunners 
For  four  Corporals 
For  one  Drummer 
For  thirty  one  Privates, 


per  Annum £56.     3.  10 

D" 28.  11.  5 

Ditto 3-3.     6.  8 

Ditto 4.5.     6.  8 

Ditto 33.     6.  8 

per  months 2.    4.  6 

Ditto,  each 1.  12.  0 

Ditto,   each 1.  12.  0 

Ditto,   each 1.     9.  4 

Ditto,  each 1.     9.  4 

Ditto    each 1.     4.  0 


Also 

Resolved,  That  there  be  an  Establishment  for  twenty  Six  men 
officers  included  for  Fort-Pownal  at  Penobscot,  and  that  their  Wages 
be  fixed  at  the  following  Rates  to  continue  for  one  year,  from  the 
20'"  of  June  last. 


For  one  Lieutenant,  per  month    . £2.  10.  0 

For  one  Chaplain      per  Ditto 4,     0.  0 

For  an  Interpreter,    per  Ditto 2.  10.  0 

For  one  Gunner         per  Ditto 2.     5.  0 

For  one  armourer      per  Ditto 1.  10.  0 

For  one  Serjeant       per  Ditto 1.  10.  0 

For  twenty  Privates,  per  Ditto  each 1.    4.  0 


[Passed  November  10. 


CHAPTEE    35 


ORDER  GRANTING  THE  PETITION  OF   REBECCA  SWIFT  IN   REGARD    TO 
DOWER  IN  LAND   SOLD. 


Legislative  A.  PETITION  of  Eebecca  Swift  Widow  of  Nathaniel  Swift  late  of 

Council,  Milton  deceased  Intestate     Setting  forth     That  she,  together  with 

xxTiu..  366. Jeremiah  Tucker  administrators  of  the  Estate  of  the  said  Nathaniel 

na"i"pp"'v3M«,  '^"^  December  1767  obtained  from  the  General  Court  an  Order  to 
i46,'i54.  'Ante'  make  sale  of  the  Real  Estate  of  said  Intestate,  but  it  so  happend 
?89.  ''^  ^^'       that  thro'  some  mistake,  no  provision  was  made  for  the  Petitioners 
Eight  of  Dower  but  the  whole  nett  produce  of  the  Estate  was  ordered 
to  be  put  out  to  Interest  for  the  benefit  of  the  Children:  and  pray- 
ing relief. 


[3d  Sess.]     Province  Laws  (Resolves,  etc.).  —  1770-71.  483 

[Eead  and] 

Ordered  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  one  third  part  of  the  proceeds  of  the  Sale  of  the  Eeal  Estate 
therein  mentioned  be  (by  the  administrators  thereof)  put  out  on 
Interest  on  sufficient  security,  such  Interest  to  be  applied  to  the 
use  of  the  Petitioner  during  her  natural  life,  and  to  be  paid  to  her 
annually ;  and  that  the  principal  Sum  at  her  decease  be  distributed 
among  the  lawful  Heirs  of  the  Intestate  in  said  Petition  mentioned, 
in  proportion  as  the  Law  directs;  anything  in  the  Order  of  the  Gen- 
eral Court  in  said  Petition  mentioned  to  the  contrary  notwithstand- 
ing.    [Passed  JYovember  13. 


CHAPTER    36. 

RESOLVE  DIRECTING  THE  COMMISSARY  GENERAL  TO  DISPOSE   OF  SOL-  Legislative 

DIERS'   CLOTHS.  00X0??°"''® 

xxviSi.,'368. 

Resolved  That  the  Commissary  General  be  &  hereby  is  directed  Archives, 
to  dispose  of  a  Quantity  of  Soldiers  Cloths  now  in  his  Store  for  ixxx.,  67i. 
the  most  the  same  will  fetch  either  at  Public  Auction  or  at  private  House  Jour. 
Sale  as  he  shall  judge  will  be  most  for  the  Interest  of  the  Province.  "* '  P" 
[Passed  November  14. 


CHAPTER    37. 

RESOLVE    ALLOWING    £9.  9    TO    REV°    STEPHEN    BADGER    FOR    SUNDRY 
PAYMENTS. 

A  Petition  of  Stephen  Badger  of  Natick    Praying  an  allowance  Legislative 
of  sundry  accounts  for  Boarding  and  supporting  Sarah  Wampsquam  ^^^^1?  °*  *^ 
a  poor  Indian,  not  an  Inhabitant  of  any  Town  in  the  Province.         xxviii.,368. 

[Read  and]  Archives,  xiv., 

Resolved  that  there  be  allowed  and  paid  out  of  the  Public  Treas-  5£L 

ury  to  the  Rev''  M'  Stephen  Badger,  the  Sum  of  Nine  pounds  and  Archives  xw 
Nine  pence:  three  pounds  five  Shillings  and  Nine  pence  of  said  Sum  590.   House 
for  the  use  of  Eunice  Spiewood  for  boarding  &  taking  Care  of  Sarah  ppaif.'iss. 
Wampsquam,  an  Aged  Indian  AVoman,  from  the  12"^  Day  of  April  ■^^^^>  \^^^' 
last  to  the  IS""  Day  of  July  last,  being  thirteen  weeks  &  one  Day 
at  5/  per  Week :  And  four  pounds  five  Shillings  of  said  Sum 

for  the  use  of  Sarah  Comecho  for  boarding  and  taking  Care  of  the 
said  Sarah  Wampsquam  from  the  said  IS'"  of  July  last,  to  the  9'" 
Day  of  November  Instant,  being  Seventeen  weeks  at  5/  ^  week :  the 
remaining  Sum  of  One  pound  ten  Shillings  for  his  Own  use  to  dis- 
charge his  account  for  necessary  Cloathing  he  provided  for  the  said 
Sarah  Since  the  IS""  Day  of  July  last.     [Passed  November  14. 


484 


Province  Laws  {Resolves,  etc. ).  —  1 770-7 1 .     [Chaps.  38-40. ] 


CHAPTEE    38, 


RESOLVE    GRANTING    EQUIVALENT    LANDS    TO    THE    HEIRS    OF    BENJ'' 
PRESCOTT,  ESQ". 


LeglBlatlve 
Records  ot  the 
Council, 
xxvlil.,369. 

Maps  and 
Plans,  Mis., 
xvi.,21.   Legis- 
lative Records 
of  the  Council, 
xxvi.,  72. 
House  Jour- 
nal, p.  187, 
(1763-4) ; 
pp.  129,  156. 


The  Committee  on  the  Petition  of  James  Prescott  Esq'  and 
others'  have  attended  that  Service  and  duly  examined  the  same  and 
find  the  facts  set  forth  in  said  Petition  true,  That  the  Petitioners 
in  the  year  1765  had  a  grant  made  to  them  as  mentioned  in  said 
Petition  of  a  Township  of  seven  miles  square  as  by  the  Votes  of 
both  Houses  of  assembly  may  appear,  but  not  Signed  by  the  Gov- 
ernor, since  which  some  of  the  Grantees  interested  in  said  Grant 
have  Petitioned  the  General  Court  and  have  obtained  separate  Grants 
in  consideration  of  their  interest  or  proportion  of  said  Grant;  and 
it  appears  to  the  Committee  that  the  Petitioners  interested  in  said 
Grant  ought  to  have  a  compensation  or  separate  Grant  made  to 
them  as  well  as  others  in  the  like  circumstances:  Therefore 

Resolved  That  in  lieu  thereof  there  be  granted  to  the  Petitioners, 
their  Heirs  and  assigns  four  thousand  four  hundred  acres  of  the 
unappropriated  Lands  belonging  to  this  Province  to  be  laid  out  in 
the  Westerly  part  thereof  adjoining  to  some  former  Grants,  Provided 
they  can  find  the  same,  or  five  thousand  eight  hundred  and  eighty 
acres  of  the  unappropriated  Lands  lying  on  the  Easterly  side  of 
Saco  River,  it  being  their  proportion  in  said  Grant,  and  return  a 
Plan  thereof  taken  by  a  Surveyor  and  Chainmen  under  Oath  into 
the  Secretary's  office  within  twelve  months.     \^Passed  November  14. 


CHAPTER    39, 


RESOLVE   ALLOWING   £3   ANNUALLY  TO  NATH^-  CONANT. 


Legislative 
Records  of  the 
Council, 
xxviii.,  370. 
Mass. 
Archives, 
Ixxx.,  668. 

Mass. 
Archives, 
Ixxx.,  667. 
House  Jour- 
nal, pp.  144, 156. 


A  Petition  of  Nathaniel  Conant  of  Bridgwater  Setting  forth 
That  in  the  year  1763  he  inlisted  into  his  majesty's  Service  in  Col" 
Hoar's  Eegiment  and  was  at  the  retaking  of  Newfoundland,  in 
which  Service  he  contracted  an  illness  which  centered  in  his  Knee 
and  hath  at  length  made  him  a  cripple,  so  that  he  is  now  unable 
to  labour  for  his  support :  and  Praying  relief. 

Eead  and 

Resolv'^  that  there  be  Allowed  and  paid  out  of  the  publick  Treas- 
ury to  the  petitioner  the  Sum  of  Three  pounds,  and  the  Same  Sum 
Annually  till  the  further  order  of  this  Court.     {Passed  November  14. 


CHAPTER    40. 


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


Legislative 
Records  of  the 
Council, 
xxviii.,  373. 


A  Petition  of  Hannah  Robbius  Widow,  and  administratrix  of  the 
Estate,  of  Asa  Robbins  late  of  Warwick  in  the  County  of  Hampshire 
deceased    Setting  forth    That  the  Real  Estate  of  the  said  Asa  Rob- 

'  Heirs  of  Benj"  Prescott.  —  Legislative  Records  of  the  Council,  xxviii.,  369. 


[3d  Sess.]     Province  LiAVfs  (Resolves,  etc.).  —  1770-71.  485 

bins,  consisting  of  about  twenty  five  acres  of  Land  with  a  House,  House  Jour- 
Saw  mill  and  Corn  mill  thereon,  lies  in  such  form  that  her  Dower  ?68.' Province' 
cannot  be  set  ofE  without  great  prejudice  to  the  remainder,  and  that  Jjfapf  I'o.'* ^*^' 
the  Estate  is  very  much  in  debt:  and  praying  that  she  may  be  im- 
powered  to  make  Sale  of  the  whole  of  the  Eeal  Estate  aforesaid; 
she  to  be  accountable. 

[Read  and] 

Resolved,  That  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  and  she  accordingly  is  hereby  impowered  to  make  sale  of 
the  whole  of  the  Real  Estate  in  her  Petition  mentioned  for  the  most 
the  same  will  fetch,  she  observing  the  rules  and  directions  of  the 
Law  relative  to  the  sale  of  Real  Estates  by  Executors  and  adminis- 
trators and  giving  sufficient  security  to  the  Ji;dge  of  Probate  for 
the  County  of  Hampshire  that  the  proceeds  of  said  sale  be  applied 
as  followeth  viz',  that  the  Widow  shall  be  allowed  one  third  part 
of  the  Income  of  the  same  for  her  use  annually  during  her  natural 
life  in  lieu  of  her  Dower,  and  that  the  residue  be  applied  for  the 
payment  of  the  debts  of  the  deceased,  and  the  overplus,  if  any  be, 
together  with  the  third  allowed  to  the  Widow,  after  her  decease, 
the  debts  being  first  paid,  be  divided  to  and  among  the  Heirs  of  the 
deceased,  or  their  legal  Representatives.      \^Passed  November  14. 


CHAPTER    41. 

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

A  Petition  of  William  Bosson  of  Roxbury    Setting  forth    That  Legislative 
his  Grandfather  William  Bosson  and  Dorothy  his  Wife  did  in  the  councu""^ '"* 
year  1712  convey  by  Deed  to  one  John  Holbrook  of  said  Roxbury  xxtjii.,  374. 
and  his  Heirs  in  trust  forever  a  certain  Tenement  and  Shop  with  ^a°"^''/^,'J-''ij8 
a  small  slip  of  Laud  adjoining  to  be  by  him  and  them  improved  for  Province '' 
the  use  and  benefit  of  William  the  Son  of  the  said  William  and  Dor-  oha^^  10.'' ^^^' 
othy  and  the  Heirs  of  his  Body  lawfully  begotten  forever    That  the 
Premises  have  been  improved  for  the  purposes  mentioned  in  said 
Deed,  but  are  now  in  a  ruinous  condition  and  almost  become  a 
public  nusance  and  the  Heirs  unable  to  repair  the  same     That  the 
Petitioner  hath  a  Power  to  act  for  the  present  Trustee :  and  Pray- 
ing that  he  may  be  impowered  to  make  sale  of  the  Premises,  so  that 
the  Heirs  may  receive  some  benefit  therefrom. 

[Read  and] 

Resolved  That  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  sell  the  Estate  within  mentioned  for  the  most  the  same  will  fetch 
and  make  and  execute  to  the  purchaser  or  purchasers  thereof  a  good 
Deed  thereof  and  giving  security  to  the  Judge  of  Probate  for  the 
County  of  Suffolk  that  the  proceeds  of  said  sale  shall  be  paid  to 
the  respective  Heirs  or  those  who  by  Law  have  a  right  to  receive 
the  same,  provided  that  in  the  sale  thereof  the  Petitioner  shall  pur- 
sue such  rules  as  are  by  Law  required  of  Executors  and  administra- 
tors.    [^Passed  November  15. 


486 


Province  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  42-44.] 


CHAPTER    42 


Legislative 
Eecords  of  the 
Council, 
xxviii.,  374. 

House  Jour, 
nal,  pp.  92, 157. 


RESOLVE    ALLOWING    THE    ACCOtINT    OF    THE    TREASURER    OF    THE 
COUNTY   OF   DUKES   COUNTY. 

Resolved  that  Whereas  it  appears  upon  the  examination  of  the 
County  Treasurer's  account  for  the  County  of  Dukes  County  that 
all  the  monies  granted  and  allowed  by  the  Court  of  General  Sessions 
of  the  peace  for  said  County  for  the  year  1769  were  granted  and 
paid  out  for  such  purposes  and  appropriations  as  the  Law  impow- 
ered  said  Court  to  grant  and  allow,  that  therefore  the  said  accounts 
be  allowed.     \^Passed  November  15. 


CHAPTER    43, 


Legislative 
Records  of  the 
Council, 
xxvill.,  375. 

Legislative 

Eecords  of  the 

Council, 

xxvil.,  139; 

xxvill.,  179,315, 

351.    House 

Journal, 

pp.  101, 145, 158, 

159.    Ante, 

p.  248,  chap.  48. 


RESOLVE   GRANTING  AND   CONFIRMING  A   TRACT    OF    LAND    TO    DAVID 
INGERSOLL,  ESQ=. 

Whereas  Joseph  Dwight  and  Joseph  Hawley  Esq'"  two  of  a  Com- 
mittee appointed  by  the  General  Court  in  April  1755  by  their  Deed 
executed  the  17""  of  July  1756  sold  to  David  lugersoll  Esq'  a  certain 
Tract  of  Land  described  in  said  David's  Petition,  for  which  Land 
the  said  David  Ingersoll  gave  his  Bond  to  the  Treasurer  of  the 
Province  for  One  hundred  pounds,  which  Bond  has  since  been  put 
in  Suit  and  Judgment  obtained  thereon; 

Resolved  That  the  Eight,  title  and  Estate  of  the  Province  in  and 
to  the  said  Tract  of  Land  be  and  hereby  is  granted  and  confirmed 
unto  the  said  David  Ingersoll,  his  Heirs  &  assigns  forever. 

The  Land  above  referred  to,  contains  about  one  thousand  and 
five  acres,  and  is  bounded  and  described,  in  the  said  David  Inger- 
soU's  Petition,  as  follows  viz' 

"  The  first  Line  begins  at  the  Southwest  corner  of  the  Township 
of  Stockbridge  and  runs  north  eight  degrees  East  four  hundred  and 
thirty  Rods,  the  north  line  begins  at  the  end  of  the  said  first  line 
or  distance  aforesaid  from  the  Southwest  corner  of  Stockbridge  and 
runs  West  nine  degrees  north  two  hundred  and  forty  Rods,  from 
the  end  of  which  line  the  West  line  runs  South  eight  degrees  West 
six  hundred  and  seventy  rods,  from  the  end  which  last  line  the  South 
line  runs  East  nine  degrees  South  two  hundred  and  forty  rods  to  the 
West  line  of  the  Town  of  Great  Barrington,  formerly  part  of  Shef- 
field, thence  said  Tract  of  Land  is  bounded  on  the  said  Township 
of  Great  Barrington  once  part  of  Sheffield  to  the  first  station  viz' 
up  to  the  Southwest  corner  of  Stockbridge  being  the  northwest 
corner  of  Township  of  Great  Barrington."     \^Passed  November  15. 


CHAPTER    44. 

RESOLVE  IMPOWERING  JOHN  JAMES,  GUARDIAN,  TO  SELL  REAL  ESTATE. 


Becordsof  the       ^  PETITION  of  John  James  of  Cohasset  Guardian  to  Enoch  James 
Council,  and  Thomas  James  minors  and  Sons  of  John  James  late  of  said 

xxviu.,  386. —  Cohasset  deceased     Setting  forth     That  the  said  deceased  by  his 


[3d  Sess.]     Province  Laws  (iJeso^ves,  e<c.).  — 1770-71.  487 

last  Will  and  Testament,  after  several  devises,  gave  the  remainder  House  Jour- 
of  his  Estate  to  his  four  Sons  viz'  John  (the  Petitioner)  Francis,  province'*' ^^^' 
Enoch  and  Thomas  to  be  equally  divided  among  them,  and  that  in  Laws,ii.,i6i, 
the  Division  thereof  it  became  necessary  that  one  piece  of  Land       ^' 
containing  about  thirteen  acres  should  be 'assigned  and  set  off  to 
three  of  the  Children  viz'  the  Petitioner  and  the  said  minors     That 
the  Petitioner  is  about  to  remove  from  said  Cohasset  and  is  obliged 
to  make  sale  of  his  share  in  said  piece  of  Land  which  will  involve 
the  said  minors  in  a  considerable  expence  as  their  shares  must  be 
fenced  from  the  other;  and,  besides  it  will  sell  to  greater  advantage 
all  together  than  in  seperate  shares :  and  Praying  that  he  may  be 
impowered  to  make  sale  of  the  said  minors  shares  in  the  Premises. 

Eead  and  whereas  it  appears  that  the  facts  set  forth  in  this  Peti- 
tion are  true. 

Resolved  that  the  prayer  be  granted,  and  that  the  Petitioner  be 
and  he  accordingly  is  hereby  fully  impowered  to  make  sale  of  the 
thirteen  acre  Lot  in  his  Petition  mentioned  for  the  most  the  same 
will  fetch,  and  make  and  execute  a  good  and  suflScient  Deed  of  the 
same  to  the  purchaser  or  purchasers  thereof,  he  observing  the  rules 
by  Law  required  of  Executors  and  administrators  in  sale  of  Real 
Estates  and  giving  sufficient  security  to  the  Judge  of  Probate  for 
the  County  of  Suffolk,  that  he  will  duly  account  with  and  pay  to 
the  other  Heirs  their  Guardians  or  the  legal  Representatives  of  such 
Heirs  their  parts  or  shares  thereof  when  thereunto  required.  \^Passed 
November  17. 


CHAPTBK    45. 

RESOLVE  ALLOWING  THE   PROVISION  ACCOUNT  OF  THE  LATE  COMMIS- 
SARY GENERAL. 

Thomas  Hubbard  Esq"  late  Commissary  General  having  laid  B^^'^'f*'^f^^ 
before  the  Court  his  several  accounts,  the  following  Orders  passed  councu, 
thereon  after  having  been  previously  examined  by  a  Committee  of  ^-'"''"•'  ^^- 
the  two  Houses  respectively  viz'  kecordfof  the 

On  his  account  of  Provisions,  bought  and  delivered  out  council, 

"Whereas  it  appears  that  the  foregoing  account  is  well  vouched  House'Srour 
and  right  cast,  and  that  the  articles  of  debt  therein  contained  are  JJ^'^'/P'  ^^^' 
such  as  the  accomptant  had  a  right  to  charge  therefore  chaii'.ie'e; 

Resolved  that  the  said  account  be  allowed  and  that  the  said  Thomas  iVs*'''^'  '^  ^^' 
Hubbard  Esq'  late  Commissary  General  be  fully  discharged.    [Passed 
November  19. 


CHAPTEK    46. 

RESOLVE   ALLOWING  THE   ACCOUNT  OF  INDIAN  TRADE    OF   THE    LATE 
COMMISSARY  GENERAL. 

Whereas   it  appears  that 'the  foregoing  account  [of  the  Indian  Legieiative 
trade]  is  well  vouched  and  right  cast,  and  that  the  articles  of  debt  coSnc'if  "^  "^"^ 
therein  charged  are  such  as  the  accomptant  had  a  right  to  charge,  xxviii.,'387. 

therefore  House  Jour- 

Resolved  that  the  said  account  be  and  hereby  is  allowed  and  that  °f,pra,'cha'p'.^^' 
the  said  Thomas  Hubbard  Esq'  late  Commissary  General  be  fully  *^- 
discharged.     [Passed  November  19. 


488 


Phovince  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  47-49.] 


CHAPTEK    47 


RESOLVE   ALLOWING  THE  GENERAL  ACCOUNT  OF  THE   LATE    COMMIS- 
SARY  GENERAL. 


Legislative 
Records  of  the 
Council, 
xxvlU.,  387. 

House  Jour- 
nal, p.  166. 
Supra,  chap. 


Whereas  it  appears  that  the  foregoing  account  [Account  cur- 
rant] is  well  vouched  and  right  cast,  and  that  the  articles  of  debt 
therein  contained  are  such  as  the  accomptant  had  a  right  to  charge, 
therefore 

Resolved  that  the  said  account  be  and  hereby  is  allowed,  and  that 
the  said  Thomas  Hubbard  Esq'  late  Commissary  General  be  fully 
discharged.     \^Passed  November  19. 


CHAPTEE    48. 

ORDER  GRANTING  £20  TO   THE   TOWN  OF  PROVINCETOWN. 


Legislative 
Records  of  the 
Council, 
xxvili.,  388. 
Mass. 


Ordered  that  the  sum  of  Twenty  pounds  be  allowed  &  Granted  to 
the  Town  of  Province  Town  &  that  the  Province  Treasurer  be  & 
hereby  is  directed  to  pay  into  the  hands  of  the  Rev'^  M'  Upham  of 
Archives,  xiv.,  Truro  the  sum  of  Twenty  pounds  aforesaid  to  be  improved  by  him 
according  to  his  best  discretion  in  hiring  Some  person  to  Preach 
to  the  Inhabitants  of  Province  Town  aforesaid  the  Ensuing  Winter. 
\_Passed  November  19. 


House  Jour- 
nal, p.  167. 


CHAPTEE    49, 


Legislative 
Records  of  the 
Council, 
xxvili.,  391. 


Mass. 
Archives, 
cxvlii.,  471. 
House  Jour- 
nal, pp.  149,155, 
170, 17.');  Appen- 
dix (1770). 


RESOLVE  ALLOWING   £224  TO  THE  TOWN  OF  BOSTON. 

Resolved  that  the  Sum  of  Two  hundred  &  Twenty  four  pounds 
be  granted  &  allowed  to  be  paid  out  of  the  Public  Treasury  to  M'' 
David  JefEries  the  Treasurer  of  the  Town  of  Boston  for  the  use  of 
said  Town  being  in  full  for  the  Expence  the  said  Town  was  at  in 
hiring  a  Vessell  to  Carry  Dispatches  of  a  Public  Nature  to  London 
relative  to  the  Transaction  of  the  Evening  of  the  5  of  March  last 
in  said  Town.     [Passed  November  20. 


[4th  S'ess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  489 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Third  Day  of  April,  A.D.  1771. 


CHAPTEK    50. 

RESOLVE   ALLOWING  £82.  10  TO   REV   ELI  FORBES. 

A  Petition  of  Eli  Forbes  of  Brookfield  Clerk    Praying  an  allow-  Legislative 
ance  for  Boarding  and  Instructing  three  Indian  Children  jDlaced  Jounc'if  "^""^^ 
under  his  care  by  the  Government,  from  the  18"'  day  of  March  xxyiii.,449. 
1770  to  the  8"^  of  April  instant.  Arohives, 

[Read  and]  ^K^wumi. 

Resolved  that  there  be  paid  out  of  the  Publick  Treasury  of  the  ^Jlp^i^i^gg 
Intrest  arising  on  S'  Peter  Warrens  Donation  the  Sum  of  Eighty  xxxui.,  531. 
Two  pounds  ten  Shillings  to  M^  Eli  Forbes  in  full  Discharge  of  His  naTini^isMse. 
account  for  Keeping  the  Indian  Children  in  his  Petition  mentioned  ^^^'*' ^j****' 
until  the  Eighth  Instant,  being  fifty  five  weeks 

And  that  the  Said  M'  Forbes  (as  soon  as  may  be)  Lay  before  this 
Court  the  true  State  of  those  Indian  Children  under  his  Care  together 
with  the  progress  they  have  made  in  Learning.  In  order  that  this 
Court  may  be  better  Enabled  to  Judge  of  the  utility  of  this  method 
of  Disijosing  of  the  Intrest  aforesaid.      {^Passed  April  9. 


CHAPTEE    51. 

RESOLVE   ALLOWING   £3.  18.  6   TO   EBEN"  SIMPSON. 

A  Petition  of  Ebenezer  Simpson  of  York  in  the  County  of  LeguiaHve 
York     Setting  forth     That  in  the  year  1764  he  was  possessed  of  councif,° 
six  Province  notes  of  Six  pounds  each  payable  with  Interest  on  or  jiag"'''  *""" 
about  the  month  of  Jiily  or  August  176-1,  at  which  time  there  was  Archives,  civ., 
due  for  Interest  on  the  same  notes  the  Sum  of  £9.15.6     That  on 


sending  the  same  to  the  Treasurer  to  be  paid  he  allowed  no  more  nai"p^  lar si's, 
than  £5.17/ for  Interest;  being  restrained  from  allowing  Interest  £^'wsTv  376 
after  a  certain  time  by  a  Law  of  the  Province;  the  face  of  the  notes  chap.'s;  676, 
to  the  contrary  notwithstanding     That  the  Petitioner  living  in  a  '"  ^^'  ^' 
remote  part  of  the  Province  knew  nothing  of  the  said  Law:  and 
praying  that  he  may  be  allowed  the  remainder  of  the  Interest  afore- 
said. 

[Eead  and] 

Resolved  that  there  be  paid  out  of  the  Province  Treasury  to  the 
Petitioner  Ebenezer  Simpson  the  Sum  of  Three  pounds  eighteen 
shillings  &  six  pence  in  full  of  Interest  due  on  the  Notes  mention'd 


490 


Province  Jjaws  (Resolves,  etc.).  — 1770-71.     [Chaps.  52,  53.] 


in  this  Petition,  he  having  Rec'd  that  Sum  short  of  the  Real  Inter- 
est due  on  said  Notes  by  a  restriction  laid  on  the  Treasurer.  [Passed 
April  9. 


CHAPTER    52, 


Legislative 
Records  of  the 
Council, 
xxviii.,  452. 

House  Jour- 
nal, pp.192, 198, 
199.    Province 
Laws,  ii.,  151, 
chap.  10. 


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

A  Petition  of  John  Harding  of  Sturbridge'  Setting  forth  That 
Amos  Rice  late  of  Brookfield  deceased  did  by  his  last  Will  &  Testa- 
ment give  and  bequeath  to  his  daughter  Mary  Rice  and  the  Peti- 
tioners seven  Children  one  Tract  of  Land  in  common  in  the  Town- 
ship of  Brookfield  apprized  at  £100  and  also  gave  to  his  Son  John 
Rice  and  his  daughter  Mary  Rice  and  the  Petitioners  Children  afore- 
said an  hundred  acre  Right  in  the  commons  of  the  Township  of 
Rutland,  which  hath  since  been  laid  out  That  the  said  Lands  are 
of  no  advantage  to  the  said  Children  at  present  and  cannot  be 
divided  without  prejudice  thereto  and  praying  that  he  may  be 
enabled  to  make  Sale  of  his  said  Childrens  Interest  in  the  Lands 
aforesaid,  for  their  benefit;  he  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impow- 
ered  to  make  sale  of  all  his  said  Childrens  Right  in  the  Lands  in 
his  Petition  mentioned  for  the  most  the  same  will  fetch,  and  make 
and  execute  a  good  and  suSicient  Deed  or  Deeds  thereof,  he  observ- 
ing the  rules  and  directions  of  the  Law  relative  to  the  sale  of  Real 
Estates  by  Executors  and  administrators  and  giving  sufficient  secu- 
rity to  the  Judge  of  Probate  for  the  County  of  Worcester  that  the 
proceeds  of  said  sale  with  the  Interest  thereon  afterwards  shall  be 
paid  to  the  said  Children  respectively  when  they  shall  arrive  at  the 
age  of  twenty  one  years  in  the  same  proportion  as  they  would  hold 
and  enjoy  the  said  Land  in  case  it  had  not  been  sold.  [Passed 
April  10. 


CHAPTER    53 


Legislative 
Records  of  the 
Council, 
xxviii.,  453. 
Mass. 
Archives, 
Ixxx.,  677. 


Archives, 
Ixxx.,  677. 
House  Jour- 
nal, pp.  191, 199. 
Province 
Laws,  xvi.,  747, 
chap. 420;  xvii., 
106,  chap.  248. 


RESOLVE  ALLOWING   £5   ADDITIONAL  ANNUALLY  TO   ABIJAH   FROST. 

A  Petition  of  Abijah  Frost  Setting  forth  That  he  had  the 
misfortune  to  lose  his  right  arm  by  a  Cannon  Ball  in  the  year  1760, 
being  then  in  the  service  of  this  Province  in  the  Siege  of  Isle  au 
Noix;  which  hath  utterly  disabled  him  to  follow  the  profession  of 
a  Shoemaker  on  which  alone  he  depended  for  a  living  That  the 
General  Court  hath  been  pleased  to  grant  him  an  annual  Pension 
of  Seven  pounds,  which  he  finds  is  insufficient  to  support  himself 
and  Family;  and  who  must  suffer  unless  further  relief  is  granted 
him     and  praying  relief  accordingly. 

[Read  and] 

Resolvd  that  the  prayer  of  this  Petition  be  granted  &  there  be 
allowd  &  paid  to  the  petitioner  out  of  the  publick  Treasury  the 
Sum  of  five  pounds  annually  in  Addition  to  his  former  Allowance 
to  continue  during  the  pleasure  of  this  Court.      [Passed  April  10.' 

'  The  House  Journal,  p.  192,  reads,  "Guardian." 

-  Two  days  later  a  further  resolve  appears  for  paying  the  pension  **  at  this  time."  — Leg- 
islative Records  of  the  Council,  xxviii.,  460;  House  Journal,  pp.  210,  211. 


[4th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1770-71.  491 

CHAPTEE    54. 

RESOLVE    CONFIRMING   TO   SAMUEL   RICE   TITLE   TO   LANDS. 

A  Petition  of   Samuel  Pierce  and  Lemuel  Roberts     Setting  Legislative 
forth     That  on  the  12"'  day  of  June  1764  the  Great  and  General  grnuclr'"'* 
Court  granted  to  Samuel  Rice  his  Heirs  and  assigns  forever  two  xxyiji.,  453. 
hundred  acres  of  the  unappropriated  Lands  of  the  Province  near  House  Jour. 
Hoosuck  Mountain  in  the  County  of  Berkshire,  upon  certain  Con-  (November, ^^^ 
ditions;  as  by  the  Records  of  the  Court  may  appear     That  the  said  igg^Vso'^ProV 
Samuel  Rice  returned  a  Plan  of  the  said  two  hundred  acres  of  Land  inc'eLaws, 
for  confirmation,  and  also  a  certificate  of  his  having  performed  the  chap',  tl' 
said  Conditions;  but  the  said  Plan  (unknown  to  the  said  Samuel 
until  lately)  did  not  pass  all  the  branches  of  the  Legislature  That 
the  Petitioners  having  purchased  the  Right  and  title  of  the  said 
Samuel  Rice  in  the  said  Land,  are  apprehensive  they  may  in  future 
be  deprived  of  the  same  with  their  Labour  and  expences  thereon, 
without  the  interposition  of  this  Court     and  jpraying  that  the  said 
Tract  of  Land  may  now  be  confirmed. 

Read  [and]  thereupon 

Resolved  and 

Ordered  that  the  Land  delineated  and  described  in  the  Plan 
referred  to  in  said  Petition,  be  and  hereby  is  confirmed  to  the  said 
Samuel  Rice  his  Heirs  and  assigns  forever;  provided  the  Land 
described  does  not  exceed  the  quantity  of  the  Grant  therein  re- 
ferred to,  and  does  not  interfere  with  any  former  Grant.  [^Passed 
April  10. 


CHAPTER    55. 

RESOLVE  DIRECTING  THE   PROVINCE   TREASURER  TO   GIVE   BOND   FOR 
THE  FAITHFUL  DISCHARGE   OF  HIS   DUTIES. 

Resolved  That  no  Person  who  shall  be  chosen  by  this  Court  into  Legislative 
the  Office  of  Treasurer  and  Receiver  General  for  this  Province  for  couucu  "^""^ 
the  present  Year,  shall  be  esteemed  duly  qualified  to  enter  upon  the  xxviii.,455. 
Execution  of  that  Office,  until  he  shall  first  have  an  Oath  adminstred  Archives,  civ., 

to  him  for  his  faithful  Performance  of  his  said  Office;  and  shall  give  ^^ 

Bond  with  sufficient  Sureties  to  the  Acceptance  of  a  Committee  ^'',''^®  oiJ'j"''" 
appointed  by  this  Court  for  that  Purpose,  in  the  Sum  of  Fifty  Thou-  Ante,'-p.  463. 
sand  pounds  Lawful  money,  to  the  three  eldest  Councellors  in  the  ■^"/'■"•chap.  .m. 
Province  for  the  Time  being,  who  are  hereby  appointed  a  Committee 
in  behalf  of  the  Province,  and  especially  authorized  for  this  Pur- 
pose; which  Bond  shall  be  conditioned  for  such  Treasurer's  truly 
and  faithfully  discharging  the  Duty  of  his  Office  according  to  Law, 
and  for  his  rendering  an  Accou.nt  when  and  so  often  as  he  shall  be 
required  by  the  General  Court,  of  all  such  Sum  or  Sums  of  money 
as  he  shall  from  Time  to  Time  receive  into  the  Treasury,  and  for 
his  well  and  truly  paying  to  his  Successor  in  said  Office,  or  to  any 
other  Person  that  may  be  appointed  by  the  General  Court  to  receive 
the  same,  all  such  Sum  or  Sums  of  money  as  upon  such  Settlement 
of  his  said  Accounts,  or  otherwise  shall  be  found  due,  and  payable 
from  him  to  this  Province ;  provided  that  the  said  Bond  be  put  in 
Suit  within  Three  Years  next  after  the  Date  hereof;  otherwise  to 


492  Pkovince  Laws  {Resolves,  etc.) .  — 1770-71.     [Chaps.  56-58.] 

be  void  and  of  no  Effect :  And  that  M^  Hancock  and  Capt  Heath 
with  such  as  the  honorable  Board  shall  join  be  a  Committee  to 
judge  of  the  Sufficiency  of  such  as  may  offer  to  become  Sureties 
for  the  Treasurer  as  aforesaid.      \^Passed  April  11. 


Legislative 
Becords  of  the 
Council, 
xxvlii.,  456. 

House  Jour- 
nal, p.  204. 


CHAPTER    56. 

VOTE   CHOOSING  HARKISON   GRAY  PROVINCE   TREASURER. 

Pursuant  to  the  Ageeemext  of  the  two  Houses  they  proceeded 
to  the  choice  of  Civil  Officers  for  the  present  year,  and  first  of  a 
Treasurer  &  Receiver  General  for  the  Province,  when  Harrison  Gray 
Esq'  was  chosen  by  a  major  vote  of  the  Council  and  House  of  Rep- 
resentatives.     \^Passed  April  11. 


CHAPTER    57. 

VOTE  CHOOSING   JAMES   RUSSELL  COMMISSIONER  OF  IMPOST. 

Legislative  PURSUANT  TO  AGREEMENT  the  two  Houses  proceeded  to  the 

Council,  choice  of  Civil  Officers  for  the  present  year,  when  James  Russell 

xxviii.,  456. -ggq,  .^y^g  chosen  Commissioner  of  Impost  by  a  major  Vote  of  the 

nai"jf  2m"^'      Council  and  House  of  Representatives.      {Passed  April  11. 


CHAPTER    58 


VOTE   CHOOSING  NOTARIES  PUBLIC. 

Legislative  THE  TWO  HOUSES  according  to  agreement  proceeded  to  the  choice 

CoMcu,  °*  *''^  of  Civil  Officers  for  the  present  year,  when  the  undermentioned  Per- 
xxviii.,457.  g^j^g  ^^.g  Q^Qgen  Public  Notaries  by  a  major  vote  of  the  Council  and 
House  Jmir-      jjouse  of  Representatives. 

^n-i,  T^.vTi.fTj.  f  M' Dudson  Kilcup 

Suffolk  For  the  Port  of  Boston      .         .         •  j  M' Henry  Alline  ]un' 

r  Salem John  Nutting  Esq' 

I  Ipswich M'  Samuel  Sa\^7er 

Essex  i,  Marblehead M'  Thomas  King 

I  Newbury William  Atkins  Esq' 

[  Glocester Daniel  Witham  Esq' 

Middlesex         Charlestown M'  Nathaniel  Gorham 

Plymouth  Plymouth M'  Ephraim  Spooner 

T,         ,  V 1         f  Barnstable Solomon  Otis  Esq' 

Barnstable      |  palmouth M'  Joseph  Parker 

f  Jerathmeel  Bowers  Esq' 

Bristol I  gligha  Tobey  Esq' 

Dukes  County  Edgartown M'  John  Pease  jun'   ■ 

Nantucket M'  Stephen  Hussey 

{York Thomas  Bragdon  Esq' 
Kittery Charles  Chauncey  Esq' 
Wells John  Wheelwright  Esq' 

Cumberland      Falmouth M'  Jonathan  \V'ebb 

Lincoln M'  Thomas  Moulton 


[Passed  April  11. 


[iTH  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  493 


CHAPTEK    59 

RESOLVE    IMPOWERING    REBECCA    PATTERSON,   ADM^,   TO    MAKE    AN 
EXCHANGE    OF   REAL   ESTATE    UNDER   CERTAIN   CONDITIONS. 

A  Petition  of  Rebecca  Patterson  of  Salem  in  the  County  of  R®*'rj"^fti, 
Essex  Widow  of  William  Patterson  late   of  said   Salem   deceased  council, 
and  administratrix  of  hiis  Estate     Setting  forth     That  at  the  In-  ^ '^ ''"'■•  *57. 
ferior  Court  of  Common  pleas  held  at  Salem  in  Decern'  last,  she  na^^m/wrkT 
obtained  leave  to  sell  of  the  Real  Estate  of  the  said  deceased  to  the 
amount  of  ninety  pounds  for  the  payment  of  his  just  debts     That 
she  hath  already  sold  of  said  Estate  to  the  amount  of  Sixty  six 
pounds  thirteen  shillings  &  four  pence  That  the  residue  of  tlie  said 
deceaseds  Real  Estate  consists  of  a  dwelling  House  and  about  thirty 
poles  of  Land  in  said  Salem  adjoining  to  the  Land  of  Jonathan 
Andrew  which  is  very  much  out  of  Rejjair;  part  whereof  cannot  be 
sold  without  spoiling  the  remainder    That  Jonathan  Andrew  before- 
named  has  a  convenient  &  comfortable  dwelling  House  in  said  Salem 
with  Land  about  it  which  he  is  willing  to  exchange  for  the  residue 
of  the  Real  Estate  aforesaid,  and  also  to  pay  her  the  Sum  of  Twenty 
three  pounds  six  shillings  and  eight  pence,  which  with  the  above 
Sum  of  Sixty  six  pounds  thirteen  shillings  &  four  pence  will  enable 
her  to  pay  the  said  deceaseds  debts.   And  praying  that  she  may  be 
impowered  to  make  such  Exchange. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  she  hereby  is  impowered  in  her  said  capacity,  to 
make  the  exchange  of  the  said  Intestates  Real  Estate  abovemen- 
tioned  with  the  said  Jonathan  Andrew  upon  tlie  terms  and  condi- 
tions abovesaid,  and  to  make  and  execute  a  good  and  sufficient  Deed 
of  the  same  unto  the  said  Jonathan  Andrew ;  provided  the  said  Jon- 
athan Andrew  shall  pay  unto  the  said  Rebecca  the  Petitioner  the 
Sum  of  Twenty  three  pounds,  six  shillings  and  eight  pence  lawful 
money  which  slie  shall  apply  to  the  payment  &  discharge  of  the  just 
debts  of  the  said  deceased  and  be  accountable  for  the  same  in  like 
manner  as  for  the  other  Sums  already  by  her  received  by  the  sale 
of  the  other  part  of  the  said  Intestates  Real  Estate  which  she  has 
sold  by  virtue  of  the  Order  of  the  said  Inferior  Court  abovemen- 
tioned  and  provided  the  said  Jonathan  Andrew  shall  also  make  & 
execute  a  good  and  legal  conveyance  unto  the  Heirs  of  the  said 
William  Patterson  deceased  of  his  the  said  Jonathan's  dwelling 
house  aforementioned  together  with  such  a  quantity  of  Land  ad- 
joining thereto  as  shall  (together  with  the  aforesaid  Sum  of  twenty 
three  pounds  six  shillings  &  eight  pence)  be  judged  a  suitable  equiv- 
alent for  the  said  Intestates  House  and  Land  aforesaid  by  such  in- 
different and  judicious  persons  as  shall  be  mutually  chosen  by  the 
said  Jonathan  and  the  Petitioner;  to  be  held  and  enjoyed  by  the 
said  Heirs  in  such  manner  and  proportion  as  by  Law  they  would 
have  held  and  enjoyed  the  same,  had  the  said  William,  the  Intes- 
tate, died  siezed  thereof.     \_Pa8sed  April  12. 


494 


Province  Laws  {Resolves, etc.).  — 1770-71.     [Chaps.  60,  61.] 


CHAPTER    60, 


RESOLVE    ALLOWING    £2.  5    TO    MARY    COMECHO    AND    18/8    TO    REV 
STEPHEN  BADGER. 


Legislative 
Records  of  the 
Council, 
xxviil.,  4o9. 
Maes. 
Archives, 
xxxlli.,  530. 


Archives, 
xxxlli.,  6'29. 
Executive 
Records  of  the 
Council,  xvl., 
642.    House 
Journal,  p.  205. 
Ante,  p.  483, 
chap.  37. 


A  Petition  of  Stephen  Badger  of  Natick  Clerk  in  behalf  of  Sarah 
Comecho  Setting  forth  That  the  said  Sarah  Boarded  &  nursed 
Sarah  Wompsquam  an  aged  Indian  Woman,  who  had  for  some  time 
passed  been  supported  at  the  charge  of  the  Province,  from  the  9'-'' 
day  of  November  last  to  the  begining  of  January  last  at  which  time 
she  died.  And  praying  that  the  said  Sarah  Comecho  may  be  allowed 
therefor,  and  that  the  Petitioner  may  be  reimbursed  what  he  hath 
advanced  for  the  Funeral  of  the  deceased. 

Read  & 

Ordercl  that  there  be  allowd  &  paid  out  of  the  publick  Treasury 
to  the  Rev"*  M'  Stephen  Badger  of  Natick  the  Sum  of  two  pounds 
five  shillings  for  the  Use  of  Slary '  Comecho  an  Indian  for  her  Ex- 
pence  in  taking  Care  of  one  Sarah  Wamsquam  an  Indian  during 
her  last  Sickness  and  also  the  Sum  of  Eighteen  Shillings  &  Eight 
pence  to  the  said  Stephen  Badger  for  his  own  Use  in  Consideration 
of  his  Expence  in  the  Interment  of  the  said  Sarah.    \^Passed  *  April  12. 


CHAPTER    61 


RESOLVE   IMPOWERING  MARY  SMITH  TO  EXECUTE  A  DEED. 


Refords'Jf  the       ^  PETITION  of  Mary  Smith  Widow  of  Samuel  Smith  late  of  Hat- 
councii,  field  deceased     Setting  forth     That  the  said  deceased  in  his  life 

time,  to  wit,  on  the  27  day  of  July  1753  by  Bond  obliged  himself 


xxviil.,  459. 


na"ppa9M93,  ^°  convey  to  Silas  Pratt  living  at  Fort  Massachusetts,  the  House 
206,' 207.  '  '  Lot  ]Sr°  52  in  the  Township  of  Hoosuck  and  one  hundred  acres  of 
the  after  draughts  belonging  to  the  said  Lot  or  Right  to  be  in  a 
division  with  the  said  Smith  in  the  after  draughts,  except  only  the 
meadow  lot  which  was  wholly  reserved  to  the  said  Smith,  upon  his 
the  said  Pratts  performing  certain  conditions,  which  he  hath  since 
well  and  truly  done  and  performed  That  the  said  Samuel  died 
without  making  the  said  conveyance  or  impowei-ing  any  Person  so 
to  do  and  praying  that  she  may  be  impowered  to  make  the  said 
conveyance  according  to  the  Condition  of  the  Bond  aforesaid. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted, 
and  that  the  said  Mary  be  and  she  hereby  is  fully  authorized  and 
impowered  to  make  and  execute  a  good  &  sufficient  Deed  in  the 
Law  of  the  Lands  mentioned  above,  which  by  the  said  Samuel  in 
his  said  Bond  were  covenanted  to  be  conveyed  on  the  Conditions 
therein  expressed,  unto  the  said  Silas  Pratt  and  his  Heirs  and  assigns 
forever;  which  said  Deed  shall  be  good  and  valid  to  all  intents  and 
purposes,  as  if  made  and  executed  by  the  said  Samuel  in  his  life 
time.     {^Passed  Ajrril  12. 

'  Sic,  but  Sarah  supra. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  495 


CHAPTEE    62. 

RESOLVE  WITH  NOTICE  AND  STAY  OF  PROCEEDINGS  ON  PETITION  OF 
CERTAIN  PROPRIETORS  OF  ASHFIELD  FOR  RELIEF  IN  REGARD  TO 
TAXES. 

A  Petition  of  Benjamin  Beal  and  others  Proprietors  of  Lands  Legislative 
in  Ashfield  in  the  County  of  Hampshire     Setting  forth     That  a  g^^f,"*'"^ 
number  of  the  Proprietors  of  the  said  Ashfield  unknown  to  the  xxTiii.,'m. 
Petitioners  applied  to  the  General  Court  and,  in  the  eighth  year  Legislative 
of  his  Majesty's  Reign  obtained  an  act  to  impower  the  s*  Proprie-  coSncii^" 
tors  to  raise  monies  for  sundry  uses  in  said  act  mentioned;  by  virtue  xxvii:*!!.' 
of  which,  large  Sums  of  money  have  been  assessed  on  the  Lands  in  House'jour- 
said  Town,  which  have  been  paid  by  the  Proprietors,  or  their  Lands  proviice^' 
sold  for  that  purpose     That  the  Petitioners  apprehend  this  way  of  ch'a^f'sribss-^' 
raising  and  collecting  monies  is  attended  with  great  expence  and  io46,  notes. 
much  wrong  thereby  oft-times  done  to  the  poor,  the  Widow  &  the  cb"  p'.  im?"' 
Fatherless.  And  inasmuch  as  the  said  Proprietors  have  paid  within 
eight  or  ten  years  past  about  fifteen  Jiundred  pounds  lawful  Money 
Praying  that  they  may  be  relieved. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioners  notify  the  Proprietors  of  Ashfield  of  this 
Petition  by  leaving  with  the  Clerk  of  said  Proprietors  an  attested 
Copy  of  this  Petition  that  they  shew  cause,  if  any  they  have  on 
the  second  Wednesday  of  the  next  Session  of  the  General  Court 
why  the  prayer  thereof  should  not  be  granted,  and  that  all  proceed- 
ings in  consequence  of  the  Law  of  this  Province  in  the  Petition 
mentioned  be  staid  in  the  mean  time ;  the  Copy  above  referred  to, 
be  left  with  the  Clerk  of  the  said  Proprietors  thirty  days  at  least 
before  the  said  second  Wednesday  of  the  next  Session  of  the  Gen- 
eral Court.      \^Passe(l  April  12. 


CHAPTEE    63. 

ORDER  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  MIDDLESEX  COUNTY 
TO  ASSIGN  CERTAIN  REAL  ESTATE  TO  AMASA  CRANSTON  AND  MAK- 
ING  PROVISION  IN  REGARD   TO  THE   SAME. 

A  Petition  of  David  Sanderson  of  Petersham,  John  Stowell  of  Legislative 
said  Petersham  and  Amasa  Cranston  of  Marlborough    Setting  forth  council, 
That  Benjamin  AVhitney  late  of  Boston  deceased  by  Will  devised  -''^^'"•.lea. 
his  Lands  -  -    -  - 

to  his  Children 


in  s"*  Marlborough  and  elsewhere,  in  certain  proportions,  nil^pp  aoafais, 
dren,  namely  Solomon,  Sarah,  Dinah,  Job,  Abigail,  Ben-  216.'  Province' 
jamin,  George,  Samuel  &  Anne     That  Abigail  the  Widow  of  the  ch^!'io.''     ' 
deceased  entered  into  one  third  part  of  said  Lands  in  virtue  of  her 
right  of  Dower  and  she  is  lately  deceased  and  the  Dower  hath  re- 
verted    That  the  aforenamed  Solomon  purchased  Sarah's  Right  of 
reversion  of  the  Widows  dower  and  also  Job's,  and  that  the  Peti- 
tioner Amasa  Cranston  hath  purchased  the  Rights  of  reversion  of 
the  said  Dower  of  all  the  other  Children  afores"*  That  the  afore- 
named Solomon  is  now  deceased  Intestate  and  hath  left  four  Chil- 
dren, minors,  namely  Benjamin  and  Job  for  whom  the  Petitioner 


496 


Province  Laws  {Resolves,  etc.).  — 1770-71.     [Chap.  64.] 


David  Sanderson  is  Guardian  &  Miriam  &  Sarah  for  whom  the  Peti- 
tioner John  Stowell  is  Guardian  That  the  Land  which  hath  come 
to  Solomon's  Infant  Children  by  reversion  of  the  Widows  Dower  as 
aforesaid  cannot  be  divided  amongst  them  without  great  expence 
&  prejudice  to  the  Estate.  And  praying  that  the  Judge  of  Probate 
for  the  County  of  Middlesex  may  be  impowered  to  settle  the  same 
on  the  aforesaid  Amasa  Cranston;  he  paying  to  the  aforenamed 
Guardians  for  the  use  of  their  Wards  such  sums  of  money  as  the 
said  Judge  of  Probate  shall  assign  according  to  Law. 

Eead  and 

Ordered  that  the  jn-ayer  of  this  Petition  be  granted,  and  that  the 
Judge  of  Probate  for  Middlesex  be  and  he  is  hereby  impowered  to 
assign  and  set  over  unto  the  Petitioner  Amasa  Cranston  his  Heirs 
and  assigns  forever,  that  part  of  the  Eeal  Estate  of  Benjamin  Whit- 
ney beforenamed  deceased  (which  upon  the  reversion  of  the  Dower 
set  oil  to  his  Widow  since  deceased  came  to  his  the  said  Benjamin's 
Son  Solomon  who  is  also  deceased)  He  the  said  Amasa  giving  suffi- 
cient security  to  the  said  Judge  for  the  jiayment  to  the  Guardians 
of  the  Children  of  the  said  Solomon,  such  Children's  respective 
jjroportions  of  the  real  value  of  such  Estate  as  the  same  shall  be 
apprized  by  three  discreet  &  disinterested  Persons  to  be  appointed 
&  Sworn  by  the  said  Judge  for  that  purjiose  as  usual  in  the  settle- 
ment of  the  Eeal  Estates  of  Intestates.     \^Passed  April  13. 


CHAPTBE    64. 


ORDER  ACCEPTING  REPORT  OF  COMMITTEE  APPOINTED  TO  BURN  GOV- 
ERNMENT SECURITIES  AND  DISCHARGING  THE  PROVINCE  TREAS- 
URER OF  THE   SUM   OF   £107,855.  12.  8. 


Legislative 
Becords  of  the 
Council, 
xxvili.,  463. 
Mass. 

Archives,  civ., 
57a. 


Archives,  civ., 
578.    Legisla- 
tive Records  of 
the  Council, 
xxviii.,371. 
House  .Jour- 
nal, pp.  148, 157, 


The  Committee  appointed  to  repair  to  the  Treasurers  and  take 
an  account  of  the  Government  Securities  and  see  them  burnt  and 
consumed  to  ashes  have  attended  that  Service  and  have  received  of 
M'  Treasurer  Gray  Government  Securities  payable  in  June  1765 
Eighty  five  pounds;  the  Interest  paid  thereon  Six  pounds,  thirteen 
shillings  and  six  pence  making  ninety  one  pounds,  thirteen  shil- 
lings and  six  pence.  Also  Government  Securities  payable  in  1766 
Six  hundred  and  fifty  pounds,  the  Interest  paid  thereon  Forty  two 
pounds,  five  shillings  and  eight  pence,  making  Six  hundred,  ninety 
two  pounds,  five  shillings  and  eight  pence;  also  Government  Secu- 
rities payable  in  June  1767  nine  hundred  pounds,  the  Interest  paid 
thereon  fifty  two  jiounds,  ten  shillings,  making  nine  hundred  fifty 
two  pounds,  ten  shillings;  also  Government  Securities  payable  in 
June  1768  Six  pounds,  the  Interest  paid  thereon  six  shillings,  mak- 
ing Six  pounds  six  shillings;  also  Government  Securities  payable  in 
June  1769  nine  hundred  &  two  pounds,  the  Interest  paid  thereon 
forty  six  pounds,  seven  shillings  making  nine  hundred  forty  eight 
pounds,  seven  shillings ;  also  Government  Securities  payable  in  June 
1770  One  hundred  thousand  pounds  the  Interest  paid  thereon  five 
thousand,  one  hundred  sixty  four  pounds  ten  shillings  and  six  pence, 
making  One  hundred  and  five  thousand  one  hundred  sixty  four 
pounds  ten  shillings  and  six  pence ;  all  which  Securities  amount 
to,  with  the  Interest  included,  One  hundred  and  seven  thousand, 


[4th  Sess.J     Province  Laws  (Resolves,  etc.).  — 1770-71.  497 

eight  hundred  and  fifty  five  pounds,  twelve  shillings  &  eight  pence, 
which  we  have  seen  burnt  and  consumed  to  asiies. 

Tho"  Hubbard  ^  Order 

Read  &  accepted  & 

Ordercl  that  the  Treasurer  be  &  hereby  is  dischargd  of  the  said 
Sum  of  One  hundred  &  Seven  thousand  Eight  hundred  &  fifty  five 
pounds  twelve  shillings  and  Eight  pence.     {^Passed  April  15. 


CHAPTER    65. 

RESOLVE   ALLOWING   £800  TO   THE   JUSTICES.  Legislative 

RecordB  of  the 

Resolved.  That  the  Sum  of  Eight  hundred  pounds  be  granted  and  xxviu., W. 
allowed  out  of  the  Public  Treasury  to  the  Honourable  the  Justices  Arculves, 
of  the  Superior  Court  of  Judicature,  Court  of  Assize  &  General  ^''''■'  '^^^- 
goal  Delivery,  for  the  faithfuU  discharge  of  their  Trust,  for  one  ^'j^^'^jot^' 
year,  Ending  the  first  Day  of  January  last.     [Passed  April  15. 


CHAPTER    66. 

RESOLVE  ALLOWING   £175  TO  THE   LATE  SECRETARY.  LegisLitive 

Records  of  the 

Resolved  that  the  Sum  of  One  hundred  and  Seventy  five  pounds  xxviii.,'465. 
be  allowd  &  paid  out  of  the  pnblick  Treasury  to  the  Hon'"'  Andrew  Archives,!., 

Oliver  Esq'  late  Secretary  of  this  Province  in  full  for  his  Services  iM: 

ordinary  &  extraordinary  to  the  tenth  day  of  March  last.     \^Passed  House  Jour- 
April  15.  '^" 


CHAPTER    67. 

RESOLVE  ALLOWING   £267   TO  THE   TREASURER. 

Resolved,   That   the   Sum   of   Two   Hundred   and   Sixty  Seven  Legislative 
Pounds     be  granted   and  allowed  to  be  paid  out  of  the  publick  counotf  "*  ^''^ 
Treasury  to  the  Honorable  Harrison  Gray,  Esq'  Treasurer  and  Re-  xxviii.,465. 
ceiver  General  of  His  Majesty's  Revenues  of  this  Province  for  one  Archives,  civ., 
Year's  Service,  ending  the   twenty  third   Day  of  December  last.  ??5: . 

\ Passed  April  15.  House  Jour- 

'-  ^  nal,  p.  208. 

CHAPTER    68. 

RESOLVE  ALLOWING  4/  PER  DIEM  TO  THE  SPEAKER  OF    THE    HOUSE. 

In  the  House  of  Representatives                                                  Legislative 
Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  coSncff, "' ""^ 
the  publick  Treasury  the  sum  of  Four  Shillings  per  Diem,  to  the  ^^^"'•'*^"- 
honorable  Thomas  Gushing  Esq'  Speaker  of  this  House,  for  every  Archives,!., 
Day  of  his  Attendance  in  the  General  Court,  from  the  opening  of  — 


498 


Province  Laws  (iJesofoes,  etc.). — 1770-71.     [Chaps.  69-72.] 


na°i"p^208f'      t^i^  Session  on  the  thirtieth  Day  of  May,  1770:  over  and  above  his 
Pay  as  a  member  of  this  House. 

In  Council  Eead  &  Coucurrd.     [Passed  Ajjril  15. 


Legislative 
Records  ot  the 
Council, 
xxvili.,  465. 


CHAPTEK    69. 

RESOLVE   ALLOWING  £90  TO   THE   CLERK  OF   THE   HOUSE. 

In  the  House  of  Representatives 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury  the  Sum  of  Ninety  pounds  to  M'  Samuel  Adams, 
for  his  Service  as  Clerk  of  this  House  during  the  several  Sessions 
of  the  General  Court  in  the  current  year. 

In  Council  Eead  and  Concurred.     [Passed  April  15. 


Legislative 
Records  of  the 
Council, 
xxviii.,465. 

House  Jour- 
nal, p.  308. 


CHAPTER    70. 

RESOLVE   ALLOWING   £12  TO   THE   CHAPLAIN   OF  THE   TWO   HOUSES. 

Resolved  that  the  sum  of  Twelve  pounds  be  allowed  and  paid  out 
of  the  Public  Treasury  to  the  Rev''  M'  Nathaniel  Appleton  for  his 
Services  as  Chaplain  to  the  two  Houses  of  the  General  Assembly 
during  the  several  Sessions  of  the  General  Court  in  the  current 
year.     [Passed  April  15. 


CHAPTER    71 


Legislative 
Records  of  the 
Council, 
xxvili.,  466. 


House  Jour- 
nal, p.  209. 


RESOLVE  ALLOWING  £110  TO  THE  DOORKEEPER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury to  M'  William  Baker,  Doorkeeper  to  his  Excellency  &c.  the  Sum 
of  one  hundred  and  ten  pounds  for  his  Services  for  one  Year,  end- 
ing the  of  May '  next.     [Passed  April  16. 


CHAPTER    72. 


Legislative 
Records  ot  the 
Council, 
xxvili.,  466. 
Mass. 
Archives, 
Iviil.,  585". 


RESOLVE   ALLOWING   £200  TO   THE   PRESIDENT  OF  HARVARD  COLLEGE. 

Resolved  That  the  Sum  of  Two  hundred  pounds  be  granted  & 
allowed  to  be  paid  out  of  the  Public  Treasury  to  the  Reverend 
M''  Samuel  Locke  President  of  Harvard  Colledge,  over  and  above 
the  rents  of  Massachusetts  Hall,  for  his  Services  for  one  year,  com- 
mencing the  31  March  last  to  be  paid  Quarterly.    [Passed  April  15. 

'  The  day  does  not  appear. 


[4th  Sess.]     Fkovince  Laws  {Resolves,  etc.).  — 1770-71.  499 


CHAPTEK    73. 

RESOLVE  ALLOWING   £100  TO  THE  PROFESSOR   OF    DIVINITY    AT    HAR- 
VARD  COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  M'  Edward  Wigglesworth  Hollisian  Professor  of  co!J?,c'if, "' "'^ 
Divinity  at  Harvard  College  in  Cambridge,  the  Sum  of  One  hun-  xxviii.,'466. 
dred  pounds  as  a  Gratuity  in  consideration  of  his  faithful  discharge  ^"j''^'^  ^^g"^- 
of  the  great  and  important  trust  reposed  in  him  for  one  year,  end-  °   '  J"' 
ing  the  35  day  of  January  last.     [Passed  April  15. 


CHAPTEK    74. 

RESOLVE   ALLOWING   £100  TO   THE    PROFESSOR  OF    MATHEMATICKS  AT 
HARVARD   COLLEGE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
publick  Treasury,  to  John  Winthrop,  Esq'  Hollisian  Professor  of  coSncn^"*"' 
Mathematicks  and  Natural  Philosophy  at  Harvard-College  in  Cam-  xxviii.,'4«6. 
bridge,  the  Sum  of  One  hundred  pounds  as  a  Gratuity,  in  Consid-  Archives, 

eration  of  his  faithful  Discharge  of  the  great  and  important  Trust  ''''''•'  ^^^- 

reposed  in  him,  for  one  year  ending  the  thirteenth  Day  of  January  „ai"p' aS""^' 
last.     [Passed  April  15. 


CHAPTEK    75. 

RESOLVE  ALLOWING  £40  TO  THE  PROFESSOR  OF  HEBREW  AT  HARVARD 
COLLEGE. 

Resolved  that  there  be  granted  &  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  M'  Stephen  Sewall,  Hancock  Professor  of  the  counctf''*"''' 

Hebrew  and  other  Oriental  Languages  at  Harvard  College  in  Cam-  xxviii.,466^ 

bridge,  the  Sum  of  forty  pounds  as  a  Gratuity  in  consideration  of  House  Jour- 
his  faithful  discharge  of  the  great  &  important  trust  reposed  in  "^'-p-'^"^- 
him  the  last  year.     [Passed  April  15. 


CHAPTER  76. 

VOTE    ACCEPTING    REPORT    OF    ¥>=    COM'''^^    APPOINTED    TO    SELL    AN 
ISLAND   IN   CONNECTICUT   RIVER. 

The  Committee  appointed  thelO"'  day  of  November  last  to  make  Legislative 
sale  of  an  Island  in  Connecticut  River  belonging  to  the  Province,  Kecordsof  the 
made  the  following  Report  viz'  xxviii.,467. 

Pursuant  to  the  foregoing  Order,  upon  timely  and  public  notice  Arehives, 
given  of  the  time  and  place  of  sale,  we  have  sold  the  said  Island  at  xivi.,  587. 
Public  Vendue  to  Solomon  Stoddard  Esq'  who  was  the  highest  bidder,  Mass. 
for  the  Sum  of  One  hundred  pounds  lawful  money  and  have  given  xivi.,5S5.' 


500 


Province  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  77,  78.] 


House  Jour- 
nal, pp.  147, 212. 
Province 
Laws,  v.,  147, 
note.    Ante^ 
p.  481,  chap.  33. 


him  a  Deed  of  the  same  in  due  form  of  Law  as  directed,  and  have 
taken  good  security,  upon  lawful  Interest,  payable  to  the  Treasurer 
of  this  Province  within  one  year  for  the  Sum  of  ninety  seven  pounds 
lawful  Money  being  part  of  the  said  Sum  for  which  the  said  Island 
was  sold,  and  have  delivered  the  same  to  the  Treasurer,  together 
with  the  three  pounds  earnest  money  received  of  the  purchaser  at 
the  time  of  the  sale. 

John  Wobthington  ^  Order 
Eead  &  accepted  &  it  appears  the  Committee  have  faithfully  dis- 
charged the  trust  reposed  in  them.      \^Passed  April  15. 


Legislative 

Records  ol  the 

Council, 

xxviii.,467. 

Mass. 

Archives, 

cxxi.,487. 

Mass. 
Archives, 
cxxi.,  48ti. 
House  Jour- 
nal, pp.  212, 213, 
Province 
Laws,  v.,  148, 
note-    Supra^ 
chap.  76. 


CHAPTEE    77. 

RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  DELIVER  TO 
JOHN  WORTHINGTON  THE  PRODUCE  OF  THE  SALE  OF  AN  ISLAND 
IN   CONNECTICUT  RIVER. 

A  Petition  of  John  Worthington  Esq"'  and  others  of  the  County 
of  Hampshire  Setting  forth  That  the  said  County  is  burdened 
with  the  expence  of  seven  or  eight  Bridges,  the  most  of  which  are 
not  only  necessary  for  the  Inhabitants  of  the  said  County  but  very 
necessary  for  the  Province  in  general  as  they  are  in  Roads  as  pub- 
licly ancl  generally  travelled  as  any  in  the  Province  at  the  like  dis- 
tance from  the  capital  and  as  the  Government  have  lately  made 
the  Sum  of  One  hundred  pounds  by  the  sale  of  an  Island  in  Con- 
necticut River  between  the  Towns  of  Northampton  and  Iladley 
which  Island  has  arisen  in  the  said  River  within  the  memory  of 
Man  wholly  out  of  the  loss  of  the  said  County  Praying  that  the 
said  Sum  may  be  granted  to  the  said  County,  the  better  to  enable 
them  to  support  the  charge  of  maintaining  the  said  Bridges. 

Read  and 

Resolved  that  the  Prayer  of  the  within  Petition  be  granted  &  that 
the  Treasurer  of  the  Province  be,  and  hereby  is  directed  to  deliver 
over  unto  John  Worthington  Esq''  the  Security  &  money  by  him 
rec'*  as  the  Produce  of  the  Sale  of  the  Island  within  mentioned  to 
be  deliverd  to  y*"  treasurer  of  the  County  of  Hampshire  for  Use  of 
the  s'*  County  &  for  the  Purposes  in  the  Petition  mentioned.  \^Passed 
April  15. 


CHAPTEE    78. 

RESOLVE  GR.ANTING   £60   AND   THE   FURTHER  SUM   OF   £16.  10  TO    JOHN 
THOMAS. 


Etfirdfof  the       ^  PETITION  of  John  Thoiiias  Esq"     Setting  forth     That  he  hath 
Council,  taken  tlio  charge  of  and  attended  the  Light  House  on  the  Gurnet 

xxviii.,468. ^^  ^|_^g  entrance  of  Plymouth  Harbour  from  the  14  day  of  Novem'' 

?aTppS^2i6.  l'^69  to  the  14  day  of  Novem"  1770  and  has  during  that  time  sup- 
plied the  Wood  &  Coal  consumed  at  said  Light  house.  And  praying 
an  allowance. 
[Read  and] 

Resolved  that  there  be  granted  &  paid  out  of  the  Public  Treasury 
unto  John  Thomas  Esq"  the  Sum  of  Sixty  pounds  in  full  considera- 


[4th  Sess.]     Peovince  Laws  {Resolves,  etc.).  — 1770-71.  501 

tion  for  his  Services  as  Keeper  of  the  Light  house  on  the  Gurnet 
for  one  year  ending  the  14  of  November  last,  also  the  Sum  of  Six- 
teen pounds,  ten  shillings  for  Fire  Wood  and  Coal  expended  at  said 
Light  house.     [Passed  April  15. 


CHAPTEK    79. 

RESOLVE  ALLOWING   £8.  6.  4  TO  THE   SELECTMEN   OF  SHERBORN. 

A  Petition  of  the  Selectmen  of  the  Town  of  Sherbourn  in  the  Legislative 
County  of  Middlesex     Praying  that  the  said  Town  may  be  reim-  ^Jincu^"*"'* 
bursed  the  expence  they  were  at  in  supporting  one  Sarah  Wamp-  xxviii.,470. 
squam  an  aged  Indian  Woman  who  was  taken  sick  in  said  Town  in  Archives, 
the  year  1766  ^K^\u.,ms. 

[Read  and]  Ma^^e.^^^ 

Resolved  that  there  be  Allowed  and  paid  out  of  the  Public  Treas-  xxxiu.,  527. 
ury,  to  the  Selectmen  of  Sherbourn  the  Sum  of  Eight  pounds  Six  ^aTppS.W 
Shillings  and  four  pence,  to  reimburse  the  Money  the  Town  of  Sher-  ^^*^>  p^*^- 
bourn  paid  for  Boarding  Nursing  &  Doctriug,  one  Sarah  Wampsquam 
(an  Aged  Indian  Woman  not  known  to  be  an  Inhabitant  of  any  Town 
or  District  of  this  Province) :  twenty  Six  weeks  next  following  the 
2'!  Day  of  March  A.D.  1766.     [Passed  April  15. 


CHAPTEE    80. 

RESOLVE   CONFIRMING  PROCEEDINGS   AT  THE  MEETINGS  IN   THE   DIS- 
TRICT OF  HUBBARDSTON. 

A  Petition  of  the  Selectmen  of  the  District  of  Hubbardston  in  Legislative 
the  County  of  Worcester    Setting  forth     That  the  Records  of  the  g^^'etr"'''' 
said  District  have  not  been  Signed  &  attested  by  the  moderators  of  xxviii.,'47i. 
the  meetings  nor  by  the  Clerks  of  the  said  District  and  that  a  great  House  Jour- 
part  of  the  Roads  which  have  been  laid  out  in  the  said  District  have  provmce^'^^^' 
not  been  Recorded ;  by  reason  whereof  the  jiroceedings  of  the  said  ^^^^•}'^''  ^°^' 
District  at  their  several  meetings  are  looked  upon  as  invalid;  and  ^ 

that  if  the  said  proceedings  should  be  set  aside,  it  will  involve  the 
said  District  in  great  difficulties.  And  praying  that  the  same  may 
be  confirmed. 

Read  and 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  all  the  doings  and  transactions  of  the  said  District  of  Hub- 
bardston at  their  several  meetings  be  and  hereby  are  declared  valid 
and  effectual  notwithstanding  any  omission  or  neglect  of  the  Mod- 
erators of  the  several  meetings  in  the  said  District  in  not  attesting 
the  Votes  of  the  same,  or  the  omission  of  the  attestation  of  the 
Clerk  of  said  District;  and  the  Clerk  for  the  time  being  is  hereby 
impowered  to  Record  the  Surveys  of  the  Roads  laid  out  in  said  Dis- 
trict, which  shall  be  deemed  as  effectual  as  if  the  same  had  been 
done  in  Season.     [Passed  April  16. 


502 


Peovince  IjAv/s{Iiesolves,etc.).  — 1770-71.     [Chaps.  81-83.] 


CHAPTEK    81. 

RESOLVE  ALLOWING   £37.  1.  8  TO   CAP''  NATH"-  DWIGHT. 

Records'of  the       Resolved  that  the  Sum  of  thirty  seven  pounds,  one  shilling  and 
Councii,_  eight  pence  be  allowed  and  paid  out  of  the  Public  Treasury  to  Cap' 

xxYii.,  4i2. Nathaniel  Dwight  in  full  satisfaction  for  his  expences  in  Survey- 

nai"ppS^2i5,  iiig  the  Province  Lands  according  to  the  within  account.     \_Passed 
219.'  Ante',     '  April  16. 

p.  419,  chap.  96.      -t^ 


LegislatlTe 
Records  of  the 
Council, 
xxviii.,  472. 
Mass. 
Archives, 
ixvl.,  490. 

Mass. 
Archives, 
Ixvi.,  489. 
House  Jour- 
nal, pp.  195, 2U. 


CHAPTER    82. 

RESOLVE  ALLOWING  £60  AND  A  FURTHER  SUM  OF   £22.  8.  8  TO  ROBERT 
BALLS. 

A  Petition  of  Eobert  Balls  Keeper  of  the  Light  house  in  the 
Harbour  of  Boston  Setting  forth  That  the  19"'  day  of  November 
last  compleated  the  thirty  seventh  year  of  his  keeping  the  said 
Light  house  That  in  October  last  he  advanced  £15.9.4  for  twenty 
nine  Cords  of  fire  Wood  for  the  benefit  of  the  Light;  soon  after  in 
a  very  high  gale  of  AVind  &  Tide  about  twenty  five  Cords  of  the  said 
Wood  was  carried  way,  which  (being  unable  .to  recover)  obliged 
him  to  advance  the  further  Sum  of  £6.9.4  .for  eleven  Cords  of 
Wood  for  the  said  purpose  and  praying  an  allowance  for  his  last 
years  Service  and  the  advancements  aforementioned. 

[Eead  and] 

Resolved  that  the  Sume  of  Sixty  Pounds  be  allowed  and  Paid  out 
of  the  Publick  Treasury  to  Robert  Ball  for  his  Service  as  keeper  of 
the  Light  House  for  one  year  Ending  the  19"^  Day  of  November 
Last  allso  the  further  Sume  of  Twenty  two  Pounds  Eight  Shillings 
and  Eight  Pence  for  Forty  Cords  of  wood  which  he  Provided  all 
which  was  Expend  '  at  Said  Light  House  Except  what  was  Carrid  ' 
off  the  Light  House  wharfE  by  A  violent  gale  of  wind  and  high  Tide. 
[Passed  April  16. 


CHAPTER    83, 


Legislative 
Records  of  the 
Council, 
xxviii.,  475. 


RESOLVE  IMPOWERING  JAJIES  FAY,  ADM",  TO   EXECUTE   A  DEED. 

A  Petition  of  James  Bay  of  Hardwick  in  the  County  of  Worces- 
ter administrator  of  the  Estate  of  Paul  Whipple  late  of  said  Hard- 
wick deceased  Setting  forth    That  the  said  Paul  by  his  Bond  dated 
n!u"np'^'9"i'^2i3  t^^®  ~3'*  day  of  March  1767  bound  and  obliged  himself  his  Executors 
Province  '       &  adm'^  to  make  and  execute  a  good  Warranty  Deed  to  one  Nathan 
chal)!'io.''     '     Bangs  of  said  Hardwick  of  a  certain  piece  of  Land  off  of  the  north- 
erly end  of  the  two  hundred  acre  lot  N°  8  lying  and  being  in  the 
northwesterly  part  of  Hardwick  to  be  taken  off  the  whole  width  of 
said  Lot  allowing  four  Eods  for  a  highway  agreable  to  the  Proprie- 
tors Records  of  said  Town  of  Hardwick  extending  Southerly  so  far 
as  to  contain  fifty  acres,  upon  condition  of  said  Nathans  paying 
the  Sums  of  money  &  Interest  mentioned  in  the  Condition  of  said 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1770-71.  503 

Bond  That  part  of  said  money  is  not  payable  'till  June  1772  but 
the  said  Nathan  is  now  ready  to  pay  the  whole  provided  he  may  now 
have  a  Deed  of  the  said  Land  That  it  would  be  greatly  to  the  ben- 
efit of  said  Paul's  Estate  if  a  Deed  of  said  Land  could  be  given  and 
the  money  obtained :  and  praying  that  he  may  be  impowered  to  make 
and  execute  to  the  said  Nathan  Bangs  a  Deed  thereof  accordingly. 

Read  and 

Resolved  that  the  prayer  of  the  annexed  Petition  be  granted,  and 
that  the  said  James  Fay  be  and  he  hereby  is  fully  authorized  and 
impowered  to  make  and  execute  a  good  and  sufficient  Deed  in  the 
Law  of  the  Land  mentioned  therein  (which  by  the  said  Paul  Whipple 
in  his  Bond  to  the  said  Nathan  Bangs  was  covenanted  to  be  con- 
veyed on  the  Conditions  in  the  said  Bond  expressed)  vinto  the  said 
Nathan  Bangs  and  his  Heirs  and  assigns  forever,  which  said  Deed 
shall  be  good  and  valid  to  all  intents  and  purposes  as  if  made  and 
executed  by  the  said  Paul  in  his  life  time.     \^Passed  April  17. 


CHAPTBK    84. 

RESOLVE  ALLOWING   £39  TO   CERTAIN  JUSTICES. 

A  Memorial  of  Peter  Oliver  Esq"'  one  of  his  majesty's  Justices  Legislative 
of  the  Superior  Court     Setting  forth     That  he  together  with  the  ^u^jelf  "*  ""^ 
late  Chief  Justice  and  Edmund  Trowbridge  Esq'  another  of  the  xxviii.,477. 
Justices  of  said  Court  were  appointed  in  April  1768  by  the  Gov-  Archives, 
ernor  and  Council  to  proceed  to  Nantucket  on  the  trial   of  one  ^"''•'  '^'^- 
Nathan  Quibbit  an  Indian  man  for  murder;  which  Service  they  Archives 
performed     That  he  was  at  considerable  expence  of  time,  trouble  xUv.,  712.' 
and  charge  in  performing  said  Service     and  praying  an  allowance,    nai^pp.'iivki. 

Read  and 

Resolvd  that  there  be  allowd  and  paid  out  of  the  Province  Treas- 
ury in  equal  Shares  to  the  Honorable  Peter  Oliver  Esq''  &  the  two 
other  Justices  of  His  Majestys  Superior  Court  of  Judicature  men- 
tiond  in  his  Petition  the  Sum  of  Thirty  Nine  Pounds  in  full  for 
their  extraordinary  Services  therein  set  forth.     ^Passed  Ajjril  19. 


CHAPTEK    85. 

ORDER  ESTABLISHING  THE  LINE   BETWEEN    TAUNTON    &    MIDDLEBOR- 
OUGH. 

Ordered  that  the  Line  between  the  Towns  of  Taunton  &  Middle-  g^^isiative 
borough  be  as  follows  viz'  to  begin  at  a  maple  Tree  with  a  heap  of  councif," 
Stones  about  it  by  the  side  of  Assonet  River  and  from  thence  to  ''^™'-.  i"3- 
run  a  strait  line  to  a  Stone  pitched  in  the  ground  by  the  side  of  the  Kecorlfonhe 
Road;  then  on  the  said  Road,  as  now  used  to  baiting  Brook;  and  council, 
from  baiting  Brook  on  a  strait  line  to  a  Pine  stump  with  a  heap  HouseJcfur- 
of  Stones  about  it  on  the  East  side  of  Wigwam  Swamp,  and  from  ^^^I'^^nu'^^^' 
thence  to  an  apple  Tree  near  Meermeed  (alias  Trout  Brook)  stand-  p.  404,  chap.  67. 
ing  on  the  spot  where  a  black  Oak  tree  marked  with  T,  on  one  side, 
and  M,  on  the  other  formerly  stood;  nevertheless  this  Report  not 
to  affect  private  property.     [^Passed  April  19. 


504 


Province  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  86-88.] 


LeglslaUve 
BecoTds  of  tbe 
Council, 

xxTili.,  479. 

House  Jour- 
nal, p.  2-26. 
Supra,  chap. 


CHAPTEK    86. 

RESOLVE  ALLOWING   £5.  14  TO   THE   COMMITTEE  ON  TAUNTON   LINE. 

The  Committee  [on  the  line  between  Taunton  and  Middlebor- 
ough,  supra,  chap.  85]  at  the  same  time  laid  before  the  Court  an 
accoiint  of  their  time  and  expences  in  the  above  aflair ;  upon  which 
the  following  Order  passed  viz' 

Read  and 

Resolved  that  the  Sum  of  five  pounds,  fourteen  shillings  be  allowed 
and  paid  out  of  the  public  Treasury  to  the  said  Committee  and  that 
the  said  Sum  be  laid  on  the  Town  of  Taunton  in  the  next  Tax  act. 
[Passed  April  19. 


CHAPTEE    87, 


RESOLVE   ALLOWING   £31.  15.  2  TO  WILLIAM   CLARK. 


Legislative  ^  PETITION  of  William  Clark  of  Boston    Setting  forth    That  he 

Kecorasoftne  i«  nm  iii-.,i.t  ^ 

Council,  was  i^ossessed  of  sundry  Treaurers  notes  payable  the  20'"  June  1763 

amounting  to  £804  with  lawful  Interest  until  that  time    That  about 


xxviil.,  480. 


nai"pp.  129^201,  the  28  June  1763,  and  never  'till  then,  he  was  informed   that  an 
^i^wsu^mT  Oi'der  had  passed  the  General  Court  that  all  such  notes  should  be 
chap. 6.  ''     '    brought  to  the  Treasurer  to  be  exchanged  before  the  31^'  of  Octo- 
ber 1762  on  penalty  of  losing  the  Interest  after  that  time  and  that 
upon  his  presenting  the  said  notes  to  the  Treasurer  to  be  exchanged 
he  declined  paying  Interest  for  any  longer  time     and  inasmuch  as 
several  Persons  in  like  circumstances  have  been  relieved   by  this 
Court     Praying  that  he  may  be  allowed  the  Interest  deficient  on 
the  notes  aforesaid. 
Read  and 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  there 
be  paid  out  of  the  Province  Treasury  to  the  Petitioner  thirty  one 
pounds,  fifteen  shillings  and  two  pence  in  full  for  the  deficient 
Interest  mentioned  in  said  Petition.     [Passed  April  19. 


CHAPTEK    88. 

RESOLVE  IMPOWERING  THE  GUARDIANS  OF  THE  INDIANS  AT  GRAF- 
TON TO  HEAR  AND  DECIDE  CERTAIN  QUESTIONS  IN  REGARD  TO 
THE   MEETING   HOUSE    THERE. 


Legislative 

Records  of  the 

Council, 

xxviii.,  481. 

Mass. 

Archives, 

xxxlii.,635». 


Archives, 
xxxili.,  535. 
House  Jour- 
nal, pp.  193, 198, 
202,  228.  229. 
Province 
Laws,  xil.,  689, 
chap.  45. 


A  Petition  of  Ephraim  Shearman  in  behalf  of  the  Town  of 
Grafton  Setting  forth  That  a  number  of  Persons  by  leave  of  the 
General  Court  purchased  their  Lands  there,  of  the  Indians  That 
the  General  Court  ordered  in  the  year  1740  that  in  the  meeting 
House  which  was  built  by  the  Proprietors  in  said  Grafton  there 
should  be  Seats  reserved  for  the  Indians,  (who  were  at  that  time 
numerous)  which  were  reserved  accordingly.  That  since  that  time 
the  Indians  have  greatly  decreased;  and  the  Inhabitants  are  now 
so  numerous  that  they  must  enlarge  the  meeting  House  without 
they  can  be  accomodated  with  such  part  of  the  Room  reserved  as 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  505 

aforesaid  as  the  Indians  shall  have  no  occasion  for.  And  praying 
that  the  Town  may  be  allowed  such  room  accordingly,  and  that 
the  Guardians  of  the  said  Indians  may  be  directed  to  see  Justice 
done  them  in  the  affair. 

Head  &  accepted  &  thereupon 

Resolved  that  the  Prayer  of  the  Petition  of  the  Town  of  Grafton 
signed  Ephraim  Shearman  be  so  far  granted,  as  that  the  Guardians 
of  the  Hassanamisco  Indians  be  &  hereby  are  Directed  &  impowred 
to  repair  to  the  meeting  house  in  Grafton  at  the  charge  of  s"*  Town: 
notify  s*"  Indians,  hear  what  they  may  have  to  object  and  if  it  shall 
appear  to  s"*  Guardians  that  the  Town  of  Grafton  may  be  accomo- 
dated, with  some  part  of  the  room  in  s''  House  that  in  the  year  1740 
was  by  the  General  Court  assigned  s''  Indians  without  any  prejudice 
to  Them  That  then  s'*  Guardians  assign  &  sett  off  for  the  use 

of  s"  Town  such  part  of  s""  Room  as  they  shall  judge  proper  taking 
particular  care  to  leave  sufficient  room  for  the  accomodation  of  a'^ 
Indians  This  Resolve  to  be  in  force  till  the  further  order  of  this 
Court  &  no  longer.     \^Passed  April  19. 


CHAPTER    89. 

RESOLVE  IMPOWERING  GUARDIANS  TO   JOIN  "WITH   HEIRS   IN  SALE   OF 
LAND   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Jotham  Bennet,  Jacob  Bennit  and  Thomas  Bennit  Legislative 
Sons  of  John  Bennit  late  of  Lancaster  deceased ;  and  of  the  Guar-  councif, 
dians  of  the  Children  of  Nathan  Bennit  deceased  and  Elisha  Bennet  xxyUI.,  486. 
deceased  two  other  Sons  of  the  said  John     Setting  forth     That  the  "al^pp "30^213 
said  John  Bennit  by  Will,  after  sundry  devises,  devised  all  the  resi-  214.' 
due  of  his  Estate,  his  just  debts  being  first  paid,  to  his  Executor  to 
be  sold,  and  the  proceeds  thereof  to  be  equally  divided  between  his 
five  Sons  beforenamed     That  the  said  Testator  appointed  his  Son 
Elisha  Executor  of  his  said  Will,  who  died  without  making  Sale 
of  the  said  Estate     That  the  residue  devised  as  aforesaid  consists 
chiefly  of  Lands,  which  cannot  be  divided  without  great  prejudice 
thereto.  And  praying  that  the  said  Guardians  may  be  impowered 
to  join  with  the  said  Jotham,  Jacob,  Thomas,  and  Joseph  Daby  jun'' 
and  Wife  (who  is  a  daughter  of  the  said  Nathan  Bennit)  in  making 
Sale  of  the  residue  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  said  Guardians  be  and  they  accordingly  are  hereby  fully 
impowered  to  joiu  with  the  other  Heirs  in  the  foregoing  Petition 
mentioned  in  the  sale  of  the  residue  of  the  Lands  devised  in  said 
Will,  and  the  Deed  or  Deeds  by  the  said  Guardians  executed  shall 
be  as  good  to  all  intents  for  the  conveying  the  parts  or  shares  therein 
to  the  said  minors  belonging  as  if  they  were  of  full  age  aud  executed 
the  same  themselves ;  provided  always  that  the  said  Guardians  shall 
give  sufficient  security  to  the  Judge  of  Probate  for  the  County  of 
Worcester  that  that  part  of  the  proceeds  of  such  sale  which  will  of 
right  accrue  to  their  respective  Wards  shall  be  paid  to  them  or  their 
legal  Representatives  with  the  lawful  Interest  thereof  arising  after 
such  sale,  in  such  proportion  as  they  could  hold  and  enjoy  their 
part  of  the  Lands  by  the  Will  of  the  Testator,  when  they  respec- 
tively arrive  at  the  age  of  twenty  one  years.     [Passed  April  19. 


506  Pkovince  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  90,  91.] 


CHAPTER    90. 

ORDER    APPOINTING    A    COMMITTEE    ON    MINISTERIAL    AFFAIRS    AT 
DIGHTON. 

Legislative  ^  PETITION  of  Sylves'  Richmond  Esq'  and  others  of  Dighton 

Council,  Setting  forth     That  upwards  of  two  years  ago  the  meeting  llouse 

xxyui.,349,  j^  ^^^^  Town  in  the  Night  time  was  set  on  fire  by  some  evil  minded 
House  Jour-  persons  which  consumed  the  same,  and  that  ever  since  there  have 
nai,  pp.  140,  •2-23,  been  violent  parties  in  the  said  Town  and  the  peace  thereof  thereby 
p"  409,  chap.  76.  greatly  disturbd 

That  by  unfair  and  unlawful  means  a  Vote  has  been  procured  for 
building  a  new  meeting  House  (in  a  place  very  disagreable  to  the 
Petitioners)  and  also  to  provide  an  assistant  to  the  aged  Pastor, 
without  his  or  the  Church's  consent  or  approbation  That  the 
Petitioners  having  determined  never  to  assemble  with  those  per- 
sons and  the  assistant  they  have  procured  they  (the  Petitioners) 
have  built  by  subscription  a  House  for  Public  Worship,  and  have 
ever  since  the  former  meeting  House  was  consumed  been  at  the 
expence  of  hiring  Preaching  among  them;  notwithstanding  which 
the  Petitioners  have  been  Taxed  and  obliged  to  pay  large  Sums 
towards  Building  the  meeting  House  and  paying  the  assistant  afore- 
mentioned. And  Praying  Relief.  Also  a  memorial  of  Ezra  Richmond 
Esq'  and  others  representing  that  they  are  under  the  same  circum- 
stances as  the  said  Sylvester  Richmond  and  others,  and  praying 
relief. 

In  Council,  Read  together  with  the  answer  and 
Ordered  that  William  Brattle  Esq'  with  such  as  shall  be  joined 
by  the  hon"'  House  be  a  Committee  to  repair  to  the  Town  of  Digh- 
ton in  the  recess  of  the  Court,  hear  the  parties  and  make  Report 
at  the  next  Session  of  the  General  Court  what  they  think  proper 
this  Court  should  do  thereon;  and  the  Constables  or  Collectors  in 
said  Town  of  Dighton  are  hereby  directed  not  to  make  any  distress 
or  distresses  on  any  of  the  Petitioners  in  the  mean  time.  In  the 
House  of  Representatives.  Read  and  Concurred  and  Cap'  Heath  and 
Cap'  Dix  are  Joined.     \^Passed  April  20 ^ 


CHAPTER    91. 

Legislative  RESOLVE  GRANTING   £1.50   TO   THE   COMMISSARY   GENERAL. 

KecordB  of  the 

xxTiii., '482.  Resolved  \)cidX  the  Sum  of  One  hundred  &  fifty  pounds  be  granted 

Arehives,  and  allowed  to  be  paid  out  of  the  Public  Treasury  to  Edward  Sheaffe 
ixxx.,  679.  j<;gqr  Commissary  General  in  Consideration  of  His  Services  for  the 
naTppfi^m  y^ar  Ending  the  26  Day  of  April  Current.      {^Passed  April  20. 

'  This  date  is  according  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  17. 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1770-71.  507 


CHAPTBE    92. 

RESOLVE  ALLOWING   £3.  12  TO  THE  TOWN   OF  ROWLEY. 

A  Petition  of  the  Selectmen  of  Eowley    Setting  forth    That  in  Legislative 
the  Evening  of  the  23*  day  of  June  last  one  Mary  Patterson  came  councsf,"  '  ^ 
to  the  House  of  M'  Jewet  an  Inholder  in  said  Town  and  desired  a  xxviii.,  4sj. 
lodging  for  that  night;  said  she  came  from  Machias  and  that  her  ^"i"^" '^jM^^i's 
Husband  had  lately  died  at  Sea,  leaving  her  poor,  with  three  Chil-  °  'P'''     '  " 
dren;     That  in  the  night  time  she  was  delivered  of  a  dead  Child; 
That  the  Petitioners  thereuj)on  desired  M"'  Jewet  to  provide  for  her 
as  her  circumstances  required,  which  he  did,  about  eighteen  days, 
part  of  which  time  he  was  obliged  to  employ  a  Physician     and  in- 
asmuch as  they  cannot  find  that  she  had  gained  a  settlement  in 
any  Town  of  the  Province     Praying  that  they  may  be  reimbursed 
the  expences  they  have  been  at  in  her  support. 

Read  and  thereupon 

Resolved  that  there  be  paid  out  of  the  Public  Treasury  the  Sum 
of  three  pounds,  twelve  shillings  to  Humphrey  Hobson  Esq^  of 
Rowley  for  the  use  of  the  said  Town  in  full  for  the  expences  they 
have  been  at  in  supporting,  nursing  and  Doctoring  Mary  Patter- 
son a  transcient  person  eighteen  days,  in  her  sickness,  and  Funeral 
charges  for  her  Child.     \^Passed  April  "20. 


CHAPTEE    9.3. 

RESOLVE    CONFIRMING  A   PLAN    OF    520  ACRES    OF   EQUIVALENT    LAND 
TO   EDWARD   WOODMAN. 

A  Plan  of  a  Tract  of  Land  was  laid  before  the  Court  taken  by  Legislative 
James  Warren  jun"'  Surveyor  to  satisfy  a  Grant  of  five  hundred  councif  "*"'* 
acres  of  unappropriated  Lands  granted  by  the  General  Court  in  xxviii.,  4S3. 
June  1766  to  Edward  Woodman     bounded  as  follows  viz'  begining  Legislative 
at  a  maple  Tree  marked  E  W  standing  twenty  two  poles  East  by  councif,"  '  ^ 
north  from  the  first  Falls  above  the  mouth  of  the  East  branch  of  Hoy/j^  j^ur 
Salmon  falls  River  at  said  River;  and  from  said  Tree  running  South  nai,pp.226,228. 
East  by  South  three  hundred  and  thirty  five  poles;  thence  South  chaplie.    ' 
West  by  West  two  hundred  and  eighty  poles ;  thence  north  West  by 
north  two  hundred  and  twenty  five  poles  to  said  River,  and  by  said 
River  to  the  begining;  which  bounds  include  five  hundred  and 
twenty  acres;  the  twenty  acres  allowed  for  Heath  &c  lying  within 
the  same.  Upon  which  the  following  Order  passed  viz' 

Resolved  that  the  within  Plan  of  five  hundred  and  twenty  acres 
of  Land  delineated  and  described  as  within  be  accepted  and  hereby 
granted  and  confirmed  unto  Edward  Woodman  his  Heirs  and  assigns 
in  full  satisfaction  for  the  loss  of  Lands  the  said  Edward  sustained 
by  the  running  of  the  line  of  the  Province  of  New  Hampshire  as 
set  forth  in  his  Petition  to  this  Court  dated  January  17""  1765; 
provided  that  it  doth  not  exceed  the  aforesaid  quantity  of  Land 
nor  interfere  with  any  former  Grant.     [Passed  April  20. 


508 


Province  Laws  {Resolves, etc.).  — 1770-71.     [Chaps.  94,  95.] 


Legislative 
Records  of  the 
Council, 
xxvill.,  484. 
Mass. 

Archives,  civ., 
582. 

Mass. 

Archives,  civ., 
580.    House 
Journal, 
pp.2-25,2-27. 
Province 
Laws,  iii.,  499, 
chap.  22;  Iv., 
370,  chap.  5;  v., 
87,  chap.  6. 


CHAPTBK    94. 

RESOLVE   ALLOWING  £25  TO   JN»  GREATON,  JXJNK. 

APETiTiONof  John  Greaton  jun'of  Roxbnry  Setting  forth  That 
on  the  4  day  of  July  last  he  made  Information  to  Joseph  Williams 
Esq'  a  Justice  of  the  peace  for  the  County  of  Suffolk  against  one 
William  Marshall  of  Walpole  charging  him  with  the  offence  of 
forging  the  current  Coin  of  this  Province,  who  was  thereupon  com- 
mitted to  Goal  and  hath  since  been  convicted  and  received  Sentence 
therefor  That  the  Petitioner  made  application  to  the  Council  for 
the  Sum  of  Twenty  five  pounds  which  he  apprehended  was  justly  due 
to  him  by  Law  as  a  Eeward  for  making  the  Information  aforesaid; 
but  the  Law  having  expired  about  four  days  before  he  made  the  said 
Information  (tho'  afterwards  revived  and  continued)  the  Council 
thought  they  could  not  legally  order  the  Treasurer  to  jDay  him  the 
said  Sum  That  he  hath  been  at  considerable  expence,  in  Travel 
and  otherwise,  in  prosecuting  the  said  Marshall  and  praying  that 
he  may  be  allowed  the  abovementioned  Reward;  the  expiration  of 
the  Law  notwithstanding. 

Eead  and 

Resolved  that  there  be  paid  out  of  the  publick  Treasurey  to  the 
petitioner  the  Sum  of  Twenty  five  pounds  in  full  Satisfaction,  for 
detecting  and  Informing  against  one  William  marshall  for  uttering 
and  passing  a  peice  of  Counterfiet  Coin  of  which  he  was  Convicted 
Sentanced  and  punished  accordingly,  as  in  the  petition  mentioned. 
\^Passed  April  20. 


CHAPTER    95. 


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


Legislative 
Becords  of  the 
Council, 
xxvill.,  487. 

House  Jour- 
nal, pp.  222, 2.31, 
232.    Province 
Laws,  li.,  151, 
chap.  10. 


A  Petition  of  Lydia  Dexter  Widow  of  Ebenezer  Dexter  late 
of  Marlborough  Physician  deceased,  and  administratrix  of  his 
Estate  Setting  forth  That  the  balance  of  the  Personal  Estate  of 
the  deceased  is  small  and  chiefly  consists  of  desperate  debts  That 
the  said  deceaseds  Real  Estate  consists  of  a  Dwelling  House  and 
Barn  and  about  twenty  acres  of  Land  lying  in  sejoarate  pieces  in 
said  Marlborough,  the  Income  whereof  is  iusufiScient  to  support 
herself,  or  her  Family,  and  also  sundry  Lots  of  Land  lying  in  a 
new  Township  called  Monadnock  N°  5  in  the  Province  of  New- 
hampshire  which  the  deceased  held  upon  certain  conditions  That 
the  dwelling  House  aforesaid  is  greatly  out  of  Repair;  and  the 
Conditions  are  not  yet  performed  upon  which  the  deceased  held 
the  said  Lots,  by  means  whereof  they  will  soon  become  forfeit, 
which  it  is  not  in  her  power  to  avoid  That  the  said  deceased  left 
three  Children,  all  Sons;  tlie  eldest  of  whom,  the  deceased  designed 
should  be  a  Physician  and  who  is  unwilling  to  pursue  any  other 
business,  but  there  is  not  Personal  Estate  sufficient  to  qualify  him 
therefor  and  praying  that  she  may  be  impowered  to  make  Sale  of 
the  Real  Estate  aforesaid  for  the  benefit  of  the  Heirs 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted, 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  509 

and  the  Petitioner  be  and  she  accordingly  is  hereby  fully  impow- 
ered  to  make  sale  of  the  whole  of  the  Real  Estate  of  the  deceased 
in  her  Petition  mentioned  for  the  most  the  same  will  fetch  and 
make  and  execute  a  good  and  sufficient  Deed  or  Deeds  of  the  same, 
provided  she  observe  the  rules  and  directions  of  the  Law  relating 
to  the  sale  of  Real  Estates  by  Executors  and  administrators  and 
give  sufficient  security  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  that  the  proceeds  of  said  sale  shall  be  first  applied  for 
payment  of  the  debts  of  the  deceased  which  are  over  and  above 
what  the  Personal  Estate  is  not  sufficient  to  pay,  saving  to  the 
Widow  the  use  and  improvement  of  the  Interest  of  one  third  part 
of  the  whole  during  her  natural  life,  and  after  the  said  third  is 
deducted  and  the  debts  are  paid,  the  residue  shall  be  delivered  into 
the  hands  of  the  Guardians  to  be  put  to  Interest  for  the  benefit  of 
the  Children  of  the  deceased  agreable  to  the  rules  of  distribution 
by  Law  appointed,  and  after  the  Widows  decease  the  principal  of 
the  third  reserved  for  her  use  shall  be  divided  to  and  among  the 
Heirs  of  her  deceased  Husband  or  their  legal  Representatives  in 
such  proportion  as  they  could  inherit  by  Law  in  case  the  said  Land 
had  not  been  sold.  And  further 

Resolvd  that  the  Guardian  for  the  said  William  Dexter  may  apply 
such  part  of  the  said  William's  share  as  will  be  necessary  to  Edu- 
cate him  for  the  practice  of  Physick;  provided  he  shall  do  it  by  the 
advice  &  direction  of  the  Judge  of  Probate;  to  whom  he  shall  be 
accountable.     {^Passed  April  22. 


CHAPTBE    96. 

RESOLVE  IMPOWERING  JOHN  BAKER,  ADMINISTRATOR  AND  GUARDIAN, 
TO  JOIN  WITH  AN  HEIR  IN  THE  SALE  OF  REAL  ESTATE  AND  MAKING 
PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  John  Baker  administrator  of  the  Estate  of  George  Legislative 
Griggs  late  of  Brookline  deceased  Intestate  and  Guardian  to  Sarah  J^^unci?  "^  "** 
Griggs  and  Abigail  Griggs  Minors  and  daughters  of  the  said  George,  xxTiii.,'489. 
and  of  David  Weld  attorney  to  Susanna  Griggs  eldest  daughter  of  House  Jour, 
the  said  deceased    Setting  forth    That  the  said  deceased  died  siezed  prOTince^''^^^' 
of  about  four  acres  and  three  quarters  of  Land  with  one  half  of  an  ^jfi^/'i""'  ^°^' 
old  House  and  an  old  Barn  thereon,  under  mortgage     That  the 
Buildings  and  Fences  on  said  Estate  are  out  of  Repair,  and  there 
being  no  money  to  apply  for  that  purpose,  it  is  judged  best  for 
the  Children  of  the  said  deceased,  who  are  three  daughters,  one 
of  whom  is  of  age,  that  the  said  Estate  should  be  sold  and  the 
money  arising  thereby,  after  the  said  mortgage  is  discharged,  put 
out  on  Interest  for  their  benefit.     And  praying  that  they  may  be 
impowered  to  make  sale  of  the  same  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
that  the  Petitioner  John  Baker  be  and  he  accordingly  is  hereby  fully 
impowered  to  join  with  Mary  Griggs  one  of  the  Heirs  to  the  within 
mentioned  Estate,  in  the  Sale  of  the  same,  and  to  make  and  execute 
a  good  and  sufficient  Deed  or  Deeds  thereof;  provided  they  pay  the 
debts  due  on  the  Mortgage  in  the  Petition  mentioned,  they  observ- 
ing the  rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates 
by  Executors  and  administrators  and  giving  sufficient  security  to 


510 


Province  Laws  {Resolves,  etc.).  — 1770-71.     [Chaps.  97,  98.] 


the  Judge  of  Probate  for  the  County  of  Suffolk  that  the  proceeds 
of  said  sale  after  the  debt  due  on  said  mortgage  is  deducted  shall 
be  paid  to  the  legal  Heirs  to  the  same  with  the  lawful  Interest 
thereon,  after  the  time  of  the  sale,  as  they  shall  respectively  arrive 
at  full  age,  in  the  same  manner  as  they  could  by  Law  inherit  in 
case  the  said  Land  had  not  been  sold.      \^Passed  A]3ril  22. 


Legislative 
Records  of  the 
Council, 
xxviil.,  490. 

Legislative 
Records  of  the 
Council, 
xxvili.,  158. 
House  Jour- 
nal, pp.211, 232. 


CHAPTEK    97. 

RESOLVE  IMPOWERING  ABNER  CROOKER,  GUARDIAN,  TO  JOIN  WITH 
OTHERS  IN  THE  SALE  OF  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Abner  Crooker  Guardian  of  the  seven  minor  Chil- 
dren of  Agathy  Hatch  late  of  Scituate  in  the  County  of  Plymouth 
dec"*  Setting  forth  Tliat  they  together  with  their  six  Brothers  and 
Sisters  who  are  of  age,  are  owners  and  equally  interested  in  about 
80  acres  of  poor  Land  lying  in  three  pieces  in  Pembroke  and  about 
23  acres  of  Cedar  Swamp  lying  in  several  pieces  in  said  Pembroke 
and  Hanover  all  rough  Laud  under  no  improvement  and  the  divid- 
ing it  into  thirteen  shares  will  be  prejudicial  to  the  whole  and 
lessen  the  value  thereof.  And  praying  that  he  may  be  impowered 
to  join  with  such  of  the  Heirs  as  are  of  age  in  making  sale  of  the 
Eeal  Estate  aforesaid. 

[Read  and] 

liesolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  join  in  the  sale  with  the  owners  of  the  other  parts  and  shares  of 
the  several  pieces  of  Land  in  the  Petition  mentioned  and  make  and 
execute  a  good  and  sufficient  Deed  or  Deeds  of  that  part  which 
belongs  to  his  respective  Wards,  which  shall  be  as  good  conveyance 
of  their  Interest  in  the  same  as  if  they  were  of  full  age  and  exe- 
cuted such  Deed  or  Deeds  themselves;  always  provided  that  the 
Petitioner  shall  give  sufficient  security  to  the  Judge  of  Probate  for 
the  County  of  Plymouth  that  that  part  of  the  proceeds  of  said  Sale 
which  belongs  to  his  Wards  shall  be  immediately  after  such  sale  put 
to  Interest  for  their  use,  and  their  several  parts  or  shares  thereof 
shall  be  paid  to  them  severally  when  they  shall  arrive  at  full  age 
or  to  their  legal  Representatives  in  such  proportions  as  they  could 
inherit  by  Law  in  case  the  said  Lands  had  not  been  sold.  [Patssed 
April  22. 


CHAPTEE    98 


RESOLVE    IMPOWERING    AARON    FULLER,  GUARDIAN,  TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN  REGARD   TO  THE   PROCEEDS. 


Legislative 
Records  of  the 
Council, 
xxviil.,  491. 

House  Jour- 
nal, pp.  191,230. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Aaron  Fuller  of  Rehoboth  in  the  County  of  Bris- 
tol Guardian  of  Mary  Fuller  a  minor  daughter  of  Moses  Fuller  late 
of  said  Rehoboth  deceased  Setting  forth  That  the  said  minor  is 
owner  of  about  iive  acres  and  half  of  Land  which  came  to  her  by 
her  Father  That  the  said  minor,  having  for  several  years  past  been 
confined  by  Sickness,  hath  expended  all  her  Personal  Estate  and 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  —  1770-71.  511 

is  still  in  debt.  And  praying  that  he  may  be  impowered  to  make 
sale  of  the  said  Tract  of  Laud  to  discharge  the  said  Debts  and  for 
the  said  minors  future  support. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  make  sale  of  the  Land  in  the  foregoing  Petition  mentioned  for 
the  most  the  same  will  fetch,  and  to  make  and  execute  a  good  and 
sufficient  Deed  or  Deeds  thereof;  provided  he  shall  observe  the  rules 
of  the  Law  respecting  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  give  sufficient  security  to  the  Judge  of  Probate 
for  the  County  of  Bristol  that  the  proceeds  of  said  sale  shall  be 
applied  for  the  payment  of  the  expences  of  the  support  of  his  said 
Ward  already  made,  and  for  her  further  support,  and  the  overplus, 
if  any  be,  with  the  lawful  Interest  arisiug  thereon,  shall  be  paid  to 
her  when  of  age  or  to  her  legal  Heirs  in  case  of  her  demise  before 
that  time,  agreable  to  the  rule  of  Law.      {Passed  April  22. 


CHAPTEE    99 


KESOLVE    IMPOWERING   KATH*  SHAW,  ADM^,  TO   EXECUTE   DEEDS. 

A  Petition  of  Katharine  Shaw  Widow  of  Samuel  Shaw  late  of  ^|£^lj\*'J|ti 
Palmer  in  the  County  of  Hampshire  deceased,  and  administratrix  Coiincii, 
of  his  Estate  Setting  forth     That  the  said  Samuel  on  the  16  day  "'''""••«-■ 


of  October  last  by  Bond  obliged  himself,  his  Heirs,  Executors  and  na^Cppassriss, 
administrators  to  Convey  to  William  Shaw  of  said  Palmer  his  Heirs  226,' 232. 
or  assigns  one  hundred  &  twenty  acres  of  Laud  in  Monson  called 
Sheldens  Farm  upon  his  or  their  paying  the  Sum  of  ninety  pounds 
with  Interest  within  one  year  from  that  time ;  which  the  said  Wil- 
liam hath  since  paid  to  the  Petitioner  and  now  demands  a  Deed 
of  the  said  Land  That  the  said  Samuel  Shaw  for  a  valuable  con- 
sideration, also  obligated  himself  to  one  Rosewell  Mills  to  give  him 
a  quit  Claim  Deed  of  one  acre  &  twenty  three  Rods  of  Land  lying 
in  East  Winsor  in  Connecticut,  whenever  he  the  said  Roswell  should 
request  the  same;  and  the  said  Roswell  is  now  desirous  of  a  Deed 
thereof.  And  praying  that  she  may  be  impowered  in  her  said  capacity 
to  make  and  execute  Deeds  of  the  said  Lands  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  fully  impow- 
ered to  make  and  execute  to  the  Person  or  Persons  who  have  Right 
by  Law  to  demand  and  receive  the  same.  Deeds  of  the  Lands  in  her 
Petition  mentioned  according  to  the  tenor  of  the  respective  Bonds, 
which  Deeds  so  executed  and  delivered  shall  be  as  good  to  all  intents 
for  conveying  the  Lands  in  said  Bonds  delineated  and  described,  as 
if  the  said  Samuel  Shaw  deceased  had  made  and  delivered  said  Deeds 
in  his  life  time.     {^Passed,  April  22. 


512 


Province  Laws  (i^esoZyes,  e<c.).  — 1770-71.  [Chaps.  100,  101.] 


CHAPTEE    100, 


Legislative 
Records  of  the 
Council, 
xxvlll.,  48S. 

House  Jour- 
nal, pp.  197,212, 
237.  Province 
Laws,  xvU., 
242,  Chap.  60. 
Ante,  p.  288, 
chap.  61). 


RESOLVE  GRANTING  TOWNSHIP  N"  7  (EXCEPT   A  CERTAIN  NUMBER  OF 
ACRES)    TO   SAMUEL  HITCHCOCK  &   OTHERS. 

A  Petition  of  John  Worthington  Esq'  in  behalf  of  Samuel  Hitch- 
cock James  Sikes  and  Moses  Bliss  all  of  Springfield  Setting  forth 
That  in  June  1763  one  Moses  Parsons  of  Middletown  in  Connecti- 
cut purchased  of  the  Province  the  new  Township  N°  7  for  £875  and 
paid  as  earnest  the  Sum  of  £20  and  gave  his  Bond  to  the  Province 
Treasurer  with  Sureties  for  the  remainder  That  the  said  Samuel 
and  James  with  sundry  others  purchased  of  the  said  Moses  Parsons 
Rights  in  the  said  Township,  purely  with  intent  to  make  Settle- 
ments thei-eon  and  paid  him  for  the  same;  but,  the  Petitioners 
finding  the  circumstances  of  the  said  Moses  Parsons  reduced  and 
themselves  and  the  other  purchasers  of  him  in  great  danger  of 
losing  their  money,  Labour  &c  relying  on  the  justice  &  goodness 
of  this  Court,  they  purchased  from  the  said  Moses  Parsons  and 
John  Chadwick  and  John  Ashley  Esq"  his  Sureties  to  the  Province 
(to  whom  he  had  mortgaged  the  said  Township)  all  their  Interest, 
or  expected  Interest  in  the  said  Township,  and  have  undertaken  to 
discharge  them  of  their  obligations  to  the  Province  That  there  is  a 
deficiency  of  7,633  acres  by  means  of  former  Grants  and  short  meas- 
ure :  and  praying  a  remission  of  a  proportionable  part  of  the  pur- 
chase consideration,  or  an  equivalent  for  the  deficiency,  and  some 
indulgence  with  regard  to  the  terms  of  Settlement 

[Read  and] 

Resolved  That  the  Lands  in  said  Township  (all  except  the  7,333 
acres  heretofore  sold)  be  and  are  hereby  granted  to  the  Petitioners 
Samuel  Hitchcock  James  Sikes  and  Moses  Bliss,  their  Heirs  and 
assigns,  and  that  upon  their  giving  Bonds  to  the  Province  Treas- 
urer for  the  sum  of  five  hundred  pounds  payable  in  two  years  with 
Interest,  the  Bond  of  the  said  Moses  be  given  up ;  said  Grant  to  be 
on  this  Condition  that  the  said  Petitioners  settle  thirty  Families  on 
said  Land  within  five  years  from  this  time.     \^Passed  April  23.' 


CHAPTEE    101. 

RESOLVE  IMPOWERING  MARY  STEARNS,  ADMINISTRATRIX,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 


Legislative  ^  PETITION  of  Mary  Stearns  Widow  of  Benjamin  Stearns  late 

Council,  of  Rutland  in  the  County  of  Worcester  deceased,  and  administra- 

trix of  his  Estate     Setting  forth     That  the  Personal  Estate  of  the 


xxvili.,  493. 


mi°"pp^20M3o,  said  deceased  is  not  sufficient  to  pay  his  just  debts  by  the  Sum  of 

•231.'  Province'  £53.1  J;.  9  That  the  said  deceased  died  siezed  of  a  Real  Estate  in  said 

cha^!'io.''     '    Rutland  apprized  at  £161.10/  and  that  the  sale  of  part  thereof  will 

be  a  great  damage  to  the  remainder.  And  praying  that  she  may  be 

impowered  to  make  sale  of  the  whole  thereof,  to  enable  her  to  pay 

the  said  debts,  and  for  the  benefit  of  herself  and  Children. 

[Read  and] 

'  This  date  is  according  to  the  House  Journal;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  20. 


L4th  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1770-71.  513 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  fully  impowered 
to  make  sale  of  the  Eeal  Estate  in  the  foregoing  Petition  mentioned 
and  to  give  a  good  and  sufficient  Deed  or  Deeds  thereof;  she  observ- 
ing the  rules  and  directions  of  the  Law  relating  to  the  Sale  of  Eeal 
Estates  by  Executors  and  administrators  and  giving  sufficient  secu- 
rity to  the  Judge  of  Probate  for  the  County  of  Worcester  that  the 
proceeds  of  said  sale  shall  be  applied  as  followeth  viz'  the  lawful 
Interest  of  one  third  thereof  to  be  for  tlie  support  of  the  Widow 
in  lieu  of  Dower  during  her  natural  life,  and  the  remaining  two 
thirds  be  applied  first  for  the  payment  of  the  debts  of  said  deceased, 
and  the  residue  thereof  be  put  to  Interest  for  the  benefit  of  the 
Heirs  of  the  said  deceased,  and  that  they  shall  inherit  the  same 
when  they  respectively  arrive  at  full  age  together  with  the  AVidows 
third  after  her  decease  agreable  to  Law.     \^Pass6d  Ajjril  23. 


CHAPTER    102. 

RESOLVE  IMPOWERING  ELISHA  JACOB,  GUARDIAN,  TO  JOIN  WITH 
OTHERS  IN  SALE  OF  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Elisha  Jacob  Guardian  of  Deborah  and  Elizabeth  {j^foJ'^g"Tf 
Eandall  Minors  and  daughters  of  Gershom  Eandall  late  of  Scituate  council,^ 
in  the  County  of  Plymouth  yeoman  deceased     Setting  forth     That"""'' 


Records  of  the 


the  said  Gershom  died  Intestate  leaving  a  Widow  and  four  Children  naTpp'2°u/i3i. 
viz'  Nehemiah,  Gershom  and  the  said  minors     That  the  said  lutes-  Province  ' 

..  Tn,  ^^  PT         1'p  •  j_i  j_        Laws,  11.,  151, 

tate  died  siezed  of  about  80  acres  of  Land  m  lour  pieces,  the  greater  chap.  lo. 
part  of  it  rough  Land  and  the  Fences  out  of  repair  That  the  Widow 
by  Law  must  have  one  third  set  off  to  her;  that  the  remainder  can- 
not be  divided  without  great  prejudice  thereto,  and  not  either  of 
the  said  Sons  incline  to  have  the  same  settled  on  them  That  the 
expence  of  dividing  and  Fencing  said  minors  parts  will  amount  to 
much  more  than  the  whole  Income  during  their  minority,  &  that 
they  have  no  Estate  to  apply  for  that  purjDose  That  the  Sons  are 
determined  to  sell  their  parts,  and  it  would  be  greatly  to  the  ad- 
vantage of  the  minors  if  their  shares  might  be  sold  at  the  same 
time.  And  praying  that  he  may  be  impowered  to  make  sale  of  the 
same  accordingly. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  join  with  the  owners  of  the  other  parts  of  the  Lands  in  the  Peti- 
tion mentioned  in  the  sale  of  the  same  (except  the  Widows  Dower 
therein)  and  make  and  execute  a  good  and  sufficient  Deed  or  Deeds 
of  that  part  which  belongs  to  his  respective  Wards  which  shall  as 
effectually  convey  their  part  thereof  as  if  they  were  of  full  age  and 
executing  the  said  Deed  themselves;  always  provided  the  said  Peti- 
tioner shall  give  sufficient  security  to  the  Judge  of  Probate  for  the 
County  of  Plymouth  that  that  part  of  the  proceeds  of  said  sale  which 
belongs  to  his  respective  Wards  with  the  Interest  arising  thereon 
after  s*"  sale  shall  be  paid  them  respectively  when  they  shall  arrive 
at  full  age  or  to  their  legal  Eepresentatives  in  such  proportion  as 
they  could  by  Law  inherit  in  case  the  said  Land  had  not  been  sold. 
\^Passed  April  25. 


514  Province  Laws  (i?esoZi'e5,e^c.).  —  1770-71.  [Chaps.  103,  104.] 


CHAPTER    103. 

RESOLVE   GRANTING  A   TOWNSHIP   TO   WM.   BULLOCK  AND   OTHERS    IN 
LIEU  OF  A  GRANT  WHICH  FELL  WITHIN  NEW   HAMPSHIRE. 

R^TOrda'cf  the       ^  PETITION  of  "William  Bulluck  in  behalf  of  himself  and  others 
Council,  Grantees  and  Heirs  of  Grantees  in  a  Township  granted  by  the  Gen- 

Mas".  '  '  eral  Court  in  the  year  1735,  on  the  Petition  of  Samuel  Gallop  and 
^'viiiy'489.  others,  to  the  officers  and  Soldiers  who  served  in  the  Expedition  to 
Ma  8  and  —  Canada  in  the  year  1690  Praying  for  a  Grant  of  a  Township  in 
Plane,  Mis.,  lieu  of  the  Township  abovemeutioned  which  fell  into  New  Hamp- 
HouBeJour-  shire,  on  running  the  Line  between  this  Province  and  the  said  Ptoy- 
^a'.pp-i'^i'"*>  ince  of  Xew  Hampshire. 
Laws,  xii.,  294,       [Read  and] 

chap.  75.  Resolved  that  the  prayer  of  Said  petition  be  so  far  Granted  as  that 

there  be  Granted  to  the  Original  Grantees  or  their  assigns  or  Legal 
Eepresentitives  of  Such  of  the  Original  Grantees  who  have  not  been 
already  ComjDcnsated  in  the  Said  Petition  mentioned  a  Tract  of  land 
to  be  in  one  piece  (if  they  will  accept  the  Same  In  full  of  their 
Claim)  provided  it  Shall  not  Exceed  the  Contents  of  Six  miles  square 
of  the  unappropriated  Land  in  the  westwardly  part  of  this  province 
to  Satisfy  for  the  Grant  of  the  Township  in  the  petition  mentioned 
which  they  Lost  by  the  Runing  of  the  line  between  this  Province 
and  the  Province  of  New  Hampshire  and  that  the  Said  Grantees  at 
their  own  Cost  Cause  the  Same  to  be  laid  out  by  a  Skilful  Surveyor 
and  Chainman  under  Oath  and  Return  a  plann  of  the  Same  to  this 
Court  for  their  Acceptance  in  Seven  months  and  after  the  Return 
and  acceptance  of  Said  plan  the  Said  Grantees  shall  hold  the  Said 
Tract  of  land  to  themselves  their  heirs  and  assigns  forever  Upon 
Such  Conditions  of  Settlement  as  this  Court  shall  order  when  such 
plann  Shall  be  Returned.     [Passed  Aj^ril  25. 


CHAPTER    104. 

RESOLVE    GRANTING    EQUIVALENT    LANDS   TO    THE    PROPRIETORS    OF 
TOWNSEND. 

Refords'of  the       '^^^  COMMITTEE  on  the  Petition  of  Josiah  Sartell  and  others  in 
Councii,_  behalf  of  the  Proprietors  of  Towushend,  have  attended  that  Service 

xxYui.,  o03. —  ^j^^  ^^^^  examined  the  same  and  find  that  there  is  taken  off  from 
pian8,''MU.,       said  Townshend  ten  thousand,  two  hundred  &  four  acres  by  the 
\M\\  ^  Rec''r^'°"  ^^^^  running  of  the  Province  line,  in  which  Tract  there  was  laid  out 
of  the  Council,  of  two  hundred  and  fifty  acres,  agreable  to  the  original  Grant  of 
House  Jour.      Said  Townshend,  for  the  use  of  Harvard  College     that  it  appears 
nai,  pp.  IDS,  244.  by  the  Records  of  Council  there  has  been  no  more  Lands  granted 
Laws,  ix.,  696,    by  the  General  Court  in  consideration  of  said  lost  Lands,  than  four- 
663*c'hap.'8?''''    teen  hundred  and  fifty  three  acres,  and  that  to  the  late  Col°  Law- 
^"'^•P-ii'*.      rence,  John  Farrow  &  Jashur  Wyman  for  their  proportion  of  said 
lost  Lands     that  in  the  year  1765  there  was  granted  to  the  Proprie- 
tors of  said  Townshend,  together  with  a  number  of  other  Petitioners 
a  Township  of  seven  miles  square  as  may  appear  by  the  Votes  of 
both  Houses  of  assembly,  which  Grant  was  not  Signed  by  the  Gov- 
ernor; since  which  several  of  the  Grantees  interested  in  said  Grant 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  515 

have  Petitioned  the  General  Court  and  have  obtained  separate  Grants 
in  consideration  of  their  interest  mentioned  in  said  Grant ;  and  it 
appears  to  the  Committee  that  the  said  Proprietors  and  other  Per- 
sons interested  in  said  lost  Lands  ought  to  be  compensated,  as  well 
as  others  in  like  circumstances.  Therefore 

Resolved  that  in  lieu  thereof  there  be  granted  to  the  Proprietors 
aforesaid  and  other  Persons  interested  therein,  their  Heirs  and  as- 
signs (excepting  the  late  Col°  Lawrence,  John  Farrow  and  Jashur 
Wyman  who  have  been  already  compensated  by  the  General  Court 
for  their  proportion  of  said  lost  Lands)  Eight  thousand,  seven  hun- 
dred and  fifty  three  acres,  tliat  quantity  remaining  after  the  said 
Lawrence,  Farrow  and  Wyman's  Grants  are  deducted,  of  the  unap- 
propriated Lands  belonging  to  this  Province  in  the  Westerly  part 
thereof,  there  being  first  two  hundred  and  fifty  acres  thereof  laid 
out  for  the  use  of  Harvard  College,  and  the  remainder  equally  divided 
between  the  Proprietors  aforesaid  and  other  particular  Persons  in- 
terested in  said  lost  Lands  according  to  their  particular  interest 
therein,  and  return  a  Plan  thereof  taken  by  a  Surveyor  and  Chain- 
men  under  Oath  into  the  Secretary's  oflBce  within  twelve  months. 
\^Passecl  April  25. 


CHAPTER    105. 

ORDER  IMPOWERING  SAMUEL  LEE  AND  OTHERS  TO  BRING  A  WRIT  OF 
REVIEW. 

The  Committee  appointed  the  15  instant  on  the  Petition  of  Legislative 
Samuel  Lee  [in  regard  to  a  Judgment  recovered  by  Elijah  Wil-  councif," 
liams],  made  Eeport;  whereupon  the  following  Order  passed  viz'       -xxvni.,  504. 

Ordered  that  the  said  Samuel  Lee,   Moses  Church   and   Aaron  ^forifg'of'tije 
Shelden  be  and  hereby  are  authorized  and  impowered  to  bring  Council, 
their  action  of  Eeview  of  the  action  whereon  the  Judgment  men-  Jegr'n'ouse 
tioned  in  the  said  Petition  was  rendered,  at  the  next  Inferior  Court  ''°"T?J''!a,  „= 
01  Common  pleas  to  be  holuen  at  Great  Barrington  m  the  County  117,184,214,217, 
of  Berkshire  on  the  first  Tuesday  of  Septem^  next;  provided  that  p.%, chap.  112. 
the  said  Samuel  give  sufficient  security  to  the  acceptance  of  the 
said  Williams,  or  such  as  shall  be  adjudged  sufficient  by  the  said 
Court  to  indemnify  and  save  harmless  the  said  Williams,  from  any 
past  and  future  cost  and  expence  which  he  may  incur,  by  reason  of 
the  misconduct  of  the  said  Lee  a  Deputy  keeper  of  the  Goal  in  said 
Berkshire,  agreable  to  the  Condition  of  the  Bond  beforementioned. 
[Passed  April  25. 


CHAPTEE    106.  ^^^7, 

Council, 
RESOLVE  GRANTING  £98.  17  FOR  BUILDING  THE  GURNET   LIGHT   HOUSE.  Mass"'^"^' 

Resolved  that  the  Sum  of  Ninety  Eight  pounds  seventeen  shillings ' 


ArchiveB, 
Lxvl.,  4aS. 


be  paid  out  of  the  Treasury  to  the  Committee  appointed  to  Build  Su^pp.ioMU, 
the  Light  House  on  the  Gurnet  near  Plymouth  Harbour  which  Sum  ,'nc'e  Lawfi?'' 
together  with  the  Sum  of  Nine  hundred  &  seventy  pounds^  already  992, chap. 22;'' 
received  by  said  Committee  for  that  Purpose  is  in  full  for  the  same,  notes'.''"^ n<e, 
\^Passed  April  25.  v-  les',  chap.  5. 

'  The  House  Journal,  p.  244,  reads,  £90.  17. 
'  The  House  Journal,  p.  244,  reads,  £570. 


516 


Province  Laws  {Besokes,  etc.) .  — 1770-71.  [Chaps.  107-109.] 


CHAPTEK    107 


RESOLVE   ALLOWING   £120  TO  THE   TREASURER. 


LegiBlative 
Records  of  the 
Council, 
xxvlli.,  506. 
Mass. 

Arcbives,  civ., 
590. 

MasB. 

Archives,  civ., 
689.    House 
.Journal, 
pp.  237,  243. 
Ante,  p.  497, 
chap.  67. 


A  Petition  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen- 
eral of  the  Province  acknowledging  with  gratitude  the  Grant  made 
him  for  his  common  Services  for  the  last  year:  and  praying  an 
allowance  for  his  extraordinary  Services. 

Read  &  thereupon 

Resolved  that  the  Sum  of  One  hundred  &  twenty  pounds  be 
granted  and  Allowed  to  be  paid  out  of  the  Public  Treasury  to  the 
Hon""  Harrison  Grey  Esq'  Treasurer  of  this  Province  for  his  Ex- 
traordinary Services  in  said  office.     [Passed  April  25. 


Legislative 
Records  of  the 
Council, 
xxvlli.,  506. 


CHAPTEK    108. 

RESOLVE    EXEMPTING    CERTAIN    INHABITANTS    OF    THE    PARISH    OF 
POCASSET   FROM   MINISTERIAL  TAXES. 

A  Petition  of  Melatiah  Nye  &  others  in  behalf  of  the  Parish  of 
Pocasset  in  the  Town  of  Sandwich  Setting  forth  That  in  April 
1770,  upon  a  Petition  of  a  number  of  the  Inhabitants  of  said  Pocas- 
mUpp!'2«/245.  set,  the  General  Court  was  pleased  to  set  them  off  as  a  Parish,  bounded 
^n<e,p.44s,  northerly  by  the  Lands  of  William  Tobey  &  Jonathan  Tobey  inclu- 
"^  *^'     '  sively,  Easterly  to  the  extent  of  the  Petitioners  Lands  in  the  Woods, 

Southerly  by  Falmouth  line  &  Westerly  by  Buzzards  Bay  That  the 
old  Precinct  in  Sandwich  hath  lately  assessed  all  the  rateable  Inhab- 
itants of  said  Pocasset  who  did  not  sign  said  Petition,  altho'  they 
dwell  within  the  bounds  abovementioned  and  several  of  them  on 
the  then  Petitioners  Lands.  And  praying  relief. 
[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Polls  and  Estates  residing  and  being  within  the  limits  of  the 
Parish  of  Pocasset  in  the  Petition  mentioned,  be  exempted  from 
all  ministerial  Taxes  in  any  place  or  Parish  other  than  the  Parish 
of  Pocasset  within  mentioned,  and  that  the  Resolve  of  the  General 
Court  whereby  said  Parish  of  Pocasset  was  constituted  was  originally 
intended  and  of  right  ought  to  have  been  so  construed.  \Passed 
April  25. 


CHAPTBE    109, 


RESOLVE  IMPOWERING  JAMES  FRYE  AND  JAMES  FRYE,  JR.,  GUAR- 
DIANS, TO  JOIN  WITH  HEIRS  IN  THE  SALE  AND  CONVEYANCE  OF 
PART   OF   AN    ESTATE. 


Legislative 
Records  of  the 
Council, 
xxvlli.,  609. 

House  Jonr- 
nal,  pp.191,199. 


A  Petition  of  James  Frye  of  Andover  in  the  County  of  Essex  Set- 
ting forth  That  out  of  the  Real  Estate  of  John  Osgood  Esq'  late 
of  said  Andover  dec"*  there  accrued  to  the  Petitioners  Children  viz' 
James,  Jonathan,  Elizabeth,  Joanna,  Sarah,  Hannah,  Dorcas  and 
Molly  twenty  five  acres  of  Land  That  the  said  Land  will  not  admit 
of  a  Division  without  prejudice  thereto,  and  that  those  of  the  said 


[4th  Sess.]     PKOyiNOE  Laws  (Resolves,  etc.).  — 1770-71.  517 

Children,  who  are  living  and  of  age,  are  desirous  of  selling  the  same 
as  it  now  lyes,  rather  than  be  at  the  espence  of  a  Division,  or  settle- 
ment in  the  way  of  the  Court  of  Probate:  That  his  said  daughter 
Molly  is  under  age,  to  whom  he  is  Guardian,  and  his  daughter  Joanna 
is  dead,  and  left  five  Children  to  whom  James  Frye  jun'  is  Guardian: 
and  praying  that  he,  together  with  the  said  James  Frye  jun',  may 
be  impowered  to  join,  with  the  other  Heirs,  in  the  Sale  of  the  Tract 
of  Land  aforesaid. 

Read  and 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  impow- 
ered to  Join  with  the  other  Heirs  in  their  Petition  mentioned,  in 
the  sale  and  conveyance  of  that  part  of  said  Estate  which  belongs 
to  their  respective  Wards,  and  they  are  and  shall  be  hereby  impow- 
ered to  make  and  execute  a  good  Deed  or  Deeds  thereof,  provided 
they  shall  give  sufficient  security  to  the  Judge  of  Probate  for  the 
County  of  Essex  that  the  proceeds  of  the  sale  of  that  part  of  said 
Estate  which  belongs  to  their  respective  Wards  shall  be  paid  to  them 
with  the  Interest  arising  thereon  after  said  sale  as  they  shall  sever- 
ally arrive  to  lawful  age  or  at  marriage  and  in  proportion  to  their 
respective  Interests  in  the  said  Estate.     [Passed  April  26. 


CHAPTEK    110. 

ORDER  FURNISHING  COPIES   OF  THE   PROVINCE   LAWS  TO  TOWNS  AND  Legislative 

DISTRICTS   NOT   SUPPLIED.  Eeconis  of  the 

Council, 
xxvill.,514. 

Ordeird  that  all  Towns  and  Districts  that  are  not  furnished  with  House  Jour- 
the  Province  Laws  be  furnished  with  a  set  of  the  same.     [Passed  ^^^<  p-  ^^s- 
April  26. 


CHAPTER    111. 

ORDER  APPOINTING  A  COMMITTEE  FOR  BUILDING  A  LIGHT  HOUSE   AT  Legislative 

CAPE   ANN.  Records  of  the 

Council, 
xxvill.,  514. 

In  the  House  of  Representatives  Archives 

Ordered  that  Cap'  Allen  Major  Reed  &  Cap  Darby  be  (with  such  ixvi.,  499.' 
as  the  Hon"  Board  shall  joyn)  a  Committee  to  take  the  Care  of  the  Mass. 
Building  a  Lighthouse  on  Thachers  Island  or  the  Head  Land  of  t^^tl\m'. 
Cape  Ann  agreable  to  an  Act  passd  the  present  Session  &  report  House  Jour- 
their  Proceedings  'to  the  Gen'  Assembly  Proviine ' 

In  Council  cVap!'^^-;  u^ 

Read  &  Concurred  &  John  Erving  Esq'  &  Cap'  Patrick  Tracy  are  ^^'^'  ^°^^- 
Joined  In  the  Affair.     [Passed  April  26. 


518  Province  Laws  (i?ewfoes,e<c.).  —  1770t71.     [Chap.  112.] 


CHAPTER    112. 

RESOLATE    IMPOWERING   EBEN=  STEDMAN,  GUARDIAN,  TO    SELL    REAL 
ESTATE  AND   MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 

Rlford^of  the       ^  PETITION  of  Ebenezer  Stedman  Guardian  of  Mary  Austin  a 
Council,  minor  and  daughter  of  Thomas  Austin  late  of  Charlestown  in  the 

''''""•'  "*• —  County  of  Middlesex  Barber  deceased  Setting  forth  That  the 
na*i"pp5203'249.  ^^^^  deceased  in  and  by  his  last  Will  and  Testament,  having  given 
LawsTi^  151  *°  ^^®  Wife  his  whole  Personal  Estate  and  the  Improvement  of  his 
chap.  10.'  '  Eeal  Estate  so  long  as  she  should  remain  his  Widow,  devised  his 
Real  Estate  to  the  said  Mary  Austin  and  her  Heirs  forever;  she  pay- 
ing to  the  said  Testators  two  daughters  in  Law  Mary  Waters  and 
Eachel  Waters  each  the  Sum  of  thirteen  pounds,  six  shillings  & 
eight  pence,  at  their  arrival  at  full  age  or  marriage  That  the  said 
Mary  and  Rachel  are  arrived  to  lawful  age,  but  have  received  no 
part  of  their  Legacies  That  the  said  Estate  is  further  indebted 
about  twenty  pounds,  for  the  Repairs  of  that  part  of  the  dwelling 
House  which  belonged  to  said  deceased  and  was  devised  to  said 
minor  That  for  the  payment  of  said  debt  and  Legacies  there  is 
no  other  Estate  save  that  devised  to  said  Mary  as  aforesaid  That 
the  Real  Estate  so  devised  consists  of  half  a  dwelling  House  and 
Garden  Spot  and  some  Land  in  Charlestown  at  a  distance  there- 
from That  the  said  half  of  the  dwelling  House  needs  often  to  be 
repaired,  and  the  profits  arising  from  it  are  so  small  that  tis  appre- 
hended as  well  by  the  Petitioner  as  by  the  Grandmother  of  the  said 
minor,  to  whom  the  said  Estate  is  devised  in  case  the  said  Mary 
should  not  live  to  full  age  or  leave  Heirs,  that  it  would  be  much  for 
the  advantage  of  the  minor  that  said  House  should  be  sold  and  the 
produce  of  the  sale,  after  payment  of  said  debt  and  Legacies,  be 
put  out  on  Interest  for  her  use  and  benefit:  and  praying  that  he 
may  be  impowered  to  make  sale  of  the  same  accordingly. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  make  sale  of  the  Estate  in  his  Petition  mentioned,  for  the  most 
the  same  will  fetch,  and  make  and  execute  a  good  and  sufficient 
Deed  or  Deeds  thereof;  he  observing  the  rules  and  directions  of  the 
Law  relating  to  the  sale  of  Real  Estates  by  Executors  &  administra- 
tors and  giving  sufficient  security  to  the  Judge  of  Probate  for  the 
County  of  Middlesex  that  the  proceeds  of  said  Sale  shall  be  applied, 
first  to  pay  the  Legacies  in  the  Will  ordered  for  his  AVard  to  pay 
and  the  Debt  for  such  necessary  Repairs  as  he  hath  made  to  be 
allowed  by  said  Judge  of  Probate  and  the  residue  to  be  put  to  Inter- 
est for  the  benefit  of  his  said  Ward,  and  in  case  of  her  decease  before 
she  shall  arrive  at  full  age  leaving  no  Heirs  as  in  her  Fathers  Will 
specified,  then  to  be  disposed  of  as  in  and  by  said  Will  is  directed 
as  if  the  said  Estate  had  not  been  sold.     [Passed  April  26. 


[4th  Sess.]     Province  Laws  {Besolves,  etc.).  — 1770-71.  519 


CHAPTBE    113. 

RESOLVE   IMPOWERING    DEBORAH    CHAPMAN    TO    SELL    REAL    ESTATE 
AND  MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Deborah  Cliapmau  of  Danvers  in  the  County  of  Legislative 
Essex  Widow    Setting  forth,  That  her  daughter  Eebecca  Chapman,  councif," 
aged  about  twenty  five  years,  is  an  Ideot     That  the  whole  Estate  ''^''"'•'  ^^^- 
of  the  said  Rebecca  consists  of  a  moiety  of  a  right  of  Comonage  ^aT^** 'i98'^248 
and  of  a  moiety  of  about  fifty  poles  of  Land  in  Salem  in  said  County,  Province 
worth  about  twenty  four  pounds,  but  cliargeable  with  a  debt  of  five  cifap^io.''  ^^'' 
pounds  six  shillings  and  eight  pence.  And  praying  that  she  may  be 
impowered  to  make  Sale  of  the  Eeal  Estate  aforesaid  to  enable  her 
to  discharge  the  debt  afores"*  and  for  the  said  Eebecca's  support. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  is  hereby  fully  authorized  and  impowered 
to  make  sale  of  the  moiety  of  the  Eight  of  Commonage,  and  also 
the  moiety  of  the  other  piece  of  Land  mentioned  in  the  Petition, 
belonging  to  the  within  named  Eebecca  Chapman,  for  the  most  the 
same  will  fetch,  and  make  and  execute  a  good  Deed  or  deeds  thereof 
to  the  purchaser  or  purchasers,  observing  the  directions  in  the  Law 
for  the  sale  of  Real  Estates  by  Executors  and  administrators,  and 
giving  sufficient  caution  to  the  Judge  of  Probates  for  the  County 
of  Essex  that  the  money  arising  by  the  sale  thereof  shall  be  applied 
to  the  discharging  of  the  just  debts  of  the  said  Rebecca,  and  the 
overplus  if  any  there  be,  be  put  to  Interest  on  good  security,  and 
the  Interest,  with  so  much  of  the  principal  as  shall  be  wanted  from 
time  to  time  for  the  support  and  maintenance  of  the  said  Eebecca 
be  applied  to  that  purpose.     '[Passed  Ajml  26. 


CHAPTER    114. 

RESOLVE   IMPOWERING   JOSHUA    LOCKE    TO    LAY    OUT    300    ACRES    OF 
LAND   ON   HOOSACK  MOUNTAIN. 

A  Petition  of  Joshua  Locke  of  Hubbardston    Setting  forth  That  Legieiative 
he  served  his  majesty  upwards  of  six  years  during  the  last  War;  the  councif, "' "'^ 
fatigues  of  which  hath  greatly  impaird  his  health    That  he  is  desir-  xxviii.,  520. 
ous  of  erecting  a  House  of  Entertainment  upon  Hoosuck  Mountain  Archives,  cxi., 

for  the  accomodation  of  Travellers  which,  he  apprehends,  may  be  — 

of  great  benefit  to  the  Public.   And  praying  that  he  may  have  a  Arehives.cxi., 
grant  of  some  of  the  Province  Lands  in  some  commodious  part  of  ^^-  House 
said  mountain  to  enable  him  to  erect  and  maintain  such  an  House,  pp^a^s, '261. 

[Read  and] 

Resolved  that  the  prayer  of  the  within  Petition  be  so  far  granted 
as  that  the  Petitioner  be  allowed  to  Lay  out  three  Hundred  acres  of 
unappropriated  Land  on  Hoosuck  Mountains,  and  Return  a  plan 
thereof  to  this  Court  as  Soon  as  may  be  for  their  Confirmation,  on 
Condition  that  he  Erect  &  keep  a  house  of  entertainment  for  Trav- 
illers  on  S'*  mountains  for  the  Space  of  Seven  years  he  to  Erect 
Said  House  within  one  year  from  the  Confirmation  of  said  Land. 
{Passed  April  26. 


520 


Province  IjAms  {Resolves,  etc.).  — 1770-71.  [Chaps.  115-117.] 


CHAPTER    115, 


RESOLVE    GRANTING    PROVINCE    LAND    AT    Y^ 
T.    RUGGLES,  ESQ^. 


WESTWARD    TO    HON""-"^ 


Legislative 
Records  of  the 
Council, 
xxvill.,  621. 

House  Jour- 
nal, p.  250. 
Ante,  p.  502, 
Chap. 81 


A  Plan  of  Province  Land  bounding  north  on  Ashfield,  East 
partly  on  Ashfield  and  partly  on  a  Tract  of  Land  called  the  Gore, 
South  on  Worthington  and  West  on  N°  5  taken  Nov'  1770  and 
plan'd  by  a  Scale  of  200  perch  to  an  Inch  ^  Nath'  Dwight  was 
laid  before  the  Court ;  upon  which  the  following  Order  passed  viz' 

Resolved  that  the  Land  contained  in  the  within  Plan  and  unap- 
projDriated,  being  the  quantity  of  two  thousand  four  hundred  and 
fifty  acres,  be  and  liereby  is  granted  to  the  hon''''=  Timothy  Ruggles 
Esq'  his  Heirs  and  assigns  forever,  he  giving  suflScient  security  to 
the  Province  Treasurer  for  the  payment  to  the  said  Treasurer  or 
his  successor  such  Sum  in  consideration  therefor  as  said  Land  shall 
be  apprized  at  in  the  Judgment  of  Major  Hawley,  M'  Goodrich  and 
Cap'  Searl  who  are  hereby  apijointed  a  Committee  for  that  purpose; 
the  money  to  be  paid  in  twelve  months  after  the  Land  shall  be  ap- 
prized.     \^Passed  April  26, 


Legislative 
Records  of  the 
Council, 
xxviii.,  522. 

House  Jour- 
nal, p.  252. 
Province 
Laws,  v.,  1 
chap.  8. 


CHAPTEE    116. 

ORDER  TRANSFERING  APPROPRIATION. 

Ordered  that  the  Sum  of  Eight  hundred  pounds  be  transferred 
from  the  appropriation  of  Grants  to  the  appropriation  where  there 
is  no  establishment.     [Passed  April  26. 


CHAPTER    117. 

RESOLVE    DISCHARGING    GUARDIANS    OF    THE    NATICK    INDIANS    FROM 
SERVICE  AT  THEIR  REQUEST. 


Legislative 
Records  of  the 
Council, 
xxviii.,  522. 


House  Jour- 
nal, pp.  221, 251. 
Province 
Laws,  xvi., 241, 
chap.  76,  note. 


Joseph  Buckminster  &  John  Jones  Esq"''  &  M'  John  Clark 
Guardians  to  the  Natick  Indians  having  Represented  to  this  Court 
that  they  are  Greatly  advanced  in  years  and  having  by  their  petition 
humbly  moved  this  Court  that  they  may  be  Dismissed  from  Said 
Service   thereupon 

Resolved  that  the  Said  Guardians  having  faithfully  fulfiled  their 
trust  be  accordingly  Discharged  from  Said  Service  provided  that  if 
it  shall  hereafter  appear  that  there  Shall  be  in  their  or  either  of 
their  hands  any  Estate  belonging  to  Said  Indians  or  any  Individuals 
thereof  they  Shall  be  accountable  for  the  Same  as  this  Court  Shall 
order.     \^Passed  April  26. 


[4th  Sess.]     Province  Laws  (Besolves,  etc.).  — 1770-71.  521 

CHAPTER    118. 

RESOLVE   ALLOWING   £100  TO   ANDREW   OLIVER,  LATE  SECRETARY. 

A  Petition  of  Andrew  Oliver  Esq'  late  Secretary  of  the  Prov-  Legislative 
ince  Setting  forth     That  in  March  1765  the  hon''"^  House  of  Eep-  g^Snctf, °' ""^ 
resentatives  passed  a  Eesolve,  That  all  Grants  for  the  support  of  xxviii.,'523. 
said  office  should  for  the  future  be  made  to  the  Secretary  himself:  Archives,!., 

and  that  in  consequence  of  this  Kesolve  the  General  Court  have  H: 

from  year  to  year  made  him  a  Grant  for  this  purpose,  which  he  ^rci^i^gg  1 
hath  constantly  paid  over  to  his  Deputy     That  in  confidence  of  416.  House'^ 
such  allowance  his  Deputy  undertook  the  business  the  last  year  (March,'i765)'f 
which  expired  on  the  6  day  of  Decern'  1770  and  in  like  confidence  Ig?,''^^^'!?^''^*"' 
the  Petitioner  hath  already  advanced  him  a  Sum  of  money  in  part  p.ws, chap, 
for  his  Service.  And  praying  an  allowance  for  the  purpose  aforesaid.  Jtfa'pl'ee!*'' 

Read  & 

Resolvd  that  the  Sum  of  One  hundred  Pounds  be  allowd  &  paid 
out  of  the  publick  Treasury  to  the  Hon^'*  Andrew  Oliver  Esq'  late 
Secretary  of  this  Province  to  enable  him  to  pay  for  Assistance  during 
one  year  ending  the  Sixth  Day  of  December  last.     \^Passed  Ajjril  26. 


CHAPTER    119. 

RESOLVE    GRANTING    1,800    ACRES    OF    LAND    TO    CHA^    GOODRICH    AND 
OTHERS. 

A  Petition  of  Charles  Goodrich  of  Pittsfield  in  the  County  of  Legislative 
Berkshire     setting  forth     That  some  years  ago  Cap'  John  Brewer  councif," 
of  Tyringham  purchased  of  the  Rev''  Solomon  Williams  of  Lebanon  xxYiii.,7i),524. 
two  settling  Lots  in  a  Township  called  New  Framiugham  now  Lanes-  Rlfords'of  the 
borough  and  contracted  with  the  said  Solomon  to  perform  the  duties  council, 
of  settlement  upon  two  Rights  in  said  Township.  That  the  said  John  3^^343, 392'. 
Brewer  afterwards  sold  the  said  two  Lots  to  one  Miriam,  but  the  said  ^a'i"pp'Mi"ii2 
Miriam  died  before  he  had  procured  a  Deed  of  the  said  Lots,  and  (i769);"pp'.  116, 
the  Petitioner  purchased  the  same  of  the  said  Miriam's  Heirs  in  215I Mgl 243,' 244'. 
expectation  of  receiving  a  Deed  thereof  from  the  said  Brewer,  but  l^^vs'iv'  sw 
the  said  Brewer  also  dying  soon  after  and  leaving  a  number  of  Infant  chap. '14.' 
Heirs  the  Petitioner  was  not  able  to  procure  the  said  Deed.  That  ch"pl45;\j%05, 
as  it  was  time  the  said  Lots  were  settled,  the  petitioner  sold  the  said  "''glf  ^'^^p  42 
two  Lots  &  warranted  the  same  one  to  Moses  Hale  and  the  other  to    '     ' 
one  Hickok  who  made  large  Improvements  thereon.  That  in  the 
year  1765  a  Tax  of  thirty  shillings  was  laid  on  each  Right  in  said 
Township  for  the  settlement  of  a  minister,  and  altho'  the  Petitioner 
imagined  that  Taxes  were  not  included  in  the  Duties  of  Settlement, 
yet  to  prevent  disputes  he  actually  paid  the  same,  but  taking  no 
receipt  for  the  said  Taxes,  part  of  the  said  two  Rights  were  sold  at 
vendue  for  the  supposed  neglect  of  paying  the  said  Taxes.  That  the 
said  Solomon  Williams  thereupon  at  the  Inferior  Court  held  for  the 
said  County  in  Septem'  1766  brought  his  action  against  the  said 
Moses  Hale  for  the  possession  of  the  Lot  of  Land  sold  him  as  afore- 
said. That  the  Heirs  of  the  said  John  Brewer  appeared  and  moved 
to  the  Court  that  they  might  be  admitted  to  warrant  the  said  Lands 
to  the  Petitioner  and  defend  the  suit  against  the  said  Solomon,  but 


522  Province  Laws  {Resolves,  etc.).  — 1770-71.     [Chap.  120.] 

the  Court  consisting  of  three  Justices  only,  one  of  whom  was  related 
to  the  said  Solomon  determined,  that  as  the  Petitioner  had  no  Deed 
with  warranty  from  the  said  Brewer  or  his  Heirs,  they  should  not 
be  admitted.  That  the  Petitioner  apprehending  he  could  not  appeal 
from  said  determination  was  induced  to  refer  the  said  Cause  to  the 
final  determination  of  three  men,  two  of  whom  contrary  to  the  opin- 
ion of  the  third,  reported  that  the  said  Solomon  should  recover  the 
Lot  of  Land  sued  for  and  Costs;  whereby  the  Petitioner  hath  lost 
an  Estate  worth  £150,  besides  the  Costs.  And  as  the  Petitioner  thro' 
his  ignorance  of  the  Law  submitted  the  Cause  to  Referrence,  Pray- 
ing that  he  may  be  impowered  to  have  a  rehearing  in  the  common 
course  of  Law. 

[Eead  and] 

Resolved  That  that  Tract  of  Land  lying  between  the  line  commonly 
called  Dwights  line  and  the  line  commonly  called  Messengers  line 
and  extending  northwardly  and  Southwardly  the  whole  width  of 
Pittsfield  be  quit  claimed  to  the  said  Charles  Goodrich,  Theophilus 
Bishop,  Eleazer  Darning  and  Humphry  Denny,  which  Tract  con- 
tains One  thousand  eight  hundred  acres;  provided  they  shall  give 
suiBcient  security  to  the  Province  Treasurer  for  the  use  of  this  Prov- 
ince for  the  Slim  of  ninety  pounds,  which  is  at  the  rate  of  one  shil- 
ling ^  acre;  to  be  paid  in  one  year,  with  Interest  after  the  expiration 
of  one  year,  and  in  case  the  said  Theophilus  Bishop,  Eleazer  Lam- 
ing and  Humphry  Denny  shall  neglect  to  give  security  and  pay  as 
aforesaid  at  the  rate  aforesaid  for  what  Land  they  are  in  possession 
of,  then  the  Right  which  this  Province  hath  in  said  Tract  shall  be 
to  the  said  Charles  in  case  he  shall  give  security  and  pay  as  afore- 
said. And  in  case  upon  any  after  settlement  of  the  line  between  this 
Province  and  the  Province  of  New  York  all  or  any  part  of  said  Tract 
shall  appear  to  be  in  the  Province  of  New  York  and  the  said  Charles 
and  others  or  any  under  them  cannot  hold  and  enjoy  the  said  Land 
by  virtue  of  this  Resolve,  then  and  in  such  case  for  every  acre  which 
shall  be  so  taken  from  them  they  shall  be  refunded  one  shilling  with- 
out any  allowance  for  Interest.     \^Passed  April  26. 


CHAPTER    120, 


RESOLVE  IMPOWERING  ELEAZER  JOHNSON  TO  SELL  REAL   ESTATE   AND 
MAKING   PROVISION    IN   REGARD   TO   THE   PROCEEDS. 

Legislative  A.  Petitiok  of  Eleazer  Johnson  eldest  Son  of  Isaac  Johnson  late 

CoSnc!ii'°*'^''  of  Charlestown  Mariner  deceased    Setting  forth    That  the  mansion 

xxYiii.,525.       House  and  Land  of  the  said  deceased  cannot  be  divided  without 

House  Jour-^^  gi'sat  prejudice  thereto     That  the  Petitioners  mother  in  Law  Cath- 

1*8,' IS',  249.    '  arine  Johnson  is  Guardian  to  her  only  surviving  Son  a  person  non 

L^ws'^iit  151,     compos,  and  the  Petitioner  is  attorney  to  his  Brother  Jacob  now 

chap. 10.'  absent.  And  praying  (as  the  said  Catharine  is  desirous  that  tlie  said 

mansion  House  &  Land  should  be  sold)  that  he  may  be  impowered 

to  make  sale  thereof,  which  he  apprehends  will  be  much  for  the 

Interest  of  all  concerned  therein. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  sell  that  part  of  the  Estate  in  his  Petition  mentioned,  belonging 


[4th  Sess.]     Province  Laws  {Resolves,  etc.).  — 1770-71.  523 

to  the  non  compos  Person,  for  the  most  the  same  will  fetch  and 
make  and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof,  he 
observing  the  rules  and  directions  of  the  Law  for  the  sale  of  Eeal 
Estates  by  Executors  and  administrators  and  giving  sufficient  secu- 
rity to  the  Judge  of  Probate  for  the  County  of  Middlesex,  that  he 
will  duly  account  for  and  pay  the  proceeds  of  Sale  into  the  hands 
of  the  Guardian  for  the  benefit  of  said  non  compos  person  or  his 
legal  Kepresentatives  in  case  of  his  decease.     [Passed  April  26. 


CHAPTEK    121. 

RESOLVE    IMPOWERING    ELEAZER    JOHNSON    AND   JONATHAN   BRADISH 
TO   JOIN   WITH   HEIRS   IN  SELLING   REAL   ESTATE. 

A  Petition  of  Eleazer  Johnson  and  Jonathan  Bradish  Executors  Legislative 
of  the  last  Will  and  Testament  of  Eleazer  Johson  late  of  Charles-  coSncff'"'® 
town  Shopkeeper  deceased     Setting  forth     That  in  the  Division  of  xxviii.,'526. 
the  Eeal  Estate  of  the  said  deceased  agreable  to  his  Will,  one  half  House  Jour- 
of  a  Dwelling  house  and  Land  adjoining  was  set  off  to  the  Repre-  °«prrt,'chap!**' 
sentatives  of  Katharine  Johnson,  but,  the  same  not  being  satisfac-  i-'*- 
tory  to  them,  it  was  agreed  by  the  Heirs  of  the  said  Testator  that 
the  said  half  House  and  Land  should  be  sold  by  the  Petitioners  and 
the  produce  of  the  said  sale  be  paid  to  the  Heirs  of  the  said  Kath- 
arine, and  what  the  same  should  fall  short  of  their  share  to  be  made 
up  by  the  other  Heirs  of  the  Testator    That  they  have  now  an  oppor- 
tunity to  sell  the  said  half  House  and  Land  adjoining,  but  are  appre- 
hensive they  have  not  power  by  the  Will  to  give  a  Deed  of  the  same. 
That  the  Testator  advanced  money  for  his  Grandson  Billings  Bradish 
to  purchase  Land  and  build  him  an  House  at  Salem ;  and  upon  his 
repayment  of  the  said  money  with  Interest,  was  to  have  a  Deed  in 
fee  of  the  said  Land,  and  that  the  said  Billings  is  now  ready  to  pay 
the  money  advanced  as  aforesaid:  and  praying  that  they  may  be  im- 
powered  to  make  and  execute  a  Deed  to  the  said  Billings  Bradish 
accordingly,  and  also  to  make  sale  and  execute  a  Deed  of  the  half 
House  and  Land  abovementioned. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  Eleazer  Johnson  and  Jonathan  Bradish,  be  and 
they  accordingly  are  hereby  fully  impowered  to  join  with  the  other 
Heirs  of  the  deceased  in  the  sale  of  Estate  in  the  Petition  mentioned, 
and  make  and  execute  a  good  and  sufficient  Deed  or  Deeds  of  the 
same,  and  they  are  also  hereby  impowered  to  make  and  execute  a 
good  and  sufficient  Deed  of  the  Land  mentioned  in  their  Petition 
to  the  said  Billings  Bradish  upon  his  paying  the  money  as  therein 
set  forth,  provided  they  shall  give  sufficient  security  to  the  Judge 
of  Probate  for  the  County  of  Middlesex  that  they  will  duly  account 
for  and  pay  that  part  of  the  proceeds  of  said  sale  which  shall  come 
into  their  hands  and  possession  as  in  and  by  the  Will  of  the  Testator 
is  directed.     \^Passed  April  26. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed   1771-72. 


[525] 


LEGISLATIVE   LIST' 


1771-72. 


His  Excellency   THOMAS   HUTCHINSON, 

Captais'-General  and  Governor-in-chief,  etc. 
THOMAS    FLUCKER,    Esq., 


SECRETARY  or  THE  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS. 

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


Samuel  Danforth 
Isaac  Royall 
John  Erving 
William  Brattle 
James  Bowdoin 
Thomas  Hubbard 
Harrison  Gray 
James  Russell 
James  Pitts 


Samuel  Dexter 
Benjamin  Greenleaf 
Thomas  Sanders,  Jr., 
Joshua  Henshaw 
>EsQRS.  Artemas  Ward 

Stephen  Hall 
John  Hancock  ' 
Caleb  Gushing 
Timothy  Woodbridge 


>ESQRS. 


Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  Netv  Plimouth; 

James  Otis 

William  Sever 


1^  Walter  Spooner  )_, 

[E^'i^^-  Jerathmeel  Bowers^     P^^^^" 


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

Nathaniel  Sparhawk,  John  Bradbury  &  Jeremiah  Powell,  Esqrs. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  ivithin  the   Territory  lying 
between  the  River  of  Sagadahock  S  Nova  Scotia  ; 

James  Gowen,  Esq. 


1  See  Legislative  Records  of  the  Council,  xxix.,  1-6. 

*  Rejected  by  the  Govemor.     See  Legislative  Records  of  the  Council,  : 

[527] 


;.,  6. 


528     Province  Laws  (i2eso?wes,  ete.).  —  1771-72.     [Repkesentatives.] 

For  the  Province,  at  large :  — 
Geobge  Leonard,  Jr.,  &  James  Humphrey,  Esqrs. 


EEPRESENTATIVES   OR   DEPUTIES. 
May  29,  1771  to  April  23,  1772. 
Mr.  THOMAS   GUSHING,  Speaker. 


County  of  Suffolk. 
Boston,   .     .     .  James  Otis,  Esq., 

Thomas  Gushing,  Esq., 
Mr.  Samuel  Adams, 
John  Hancock,  Esq. 

.  Gapt.  William  Heath. 

.  Mr.  Samuel  Howe. 

.  Mr.  Benjamin  Wadsworth. 

.  Ebenezer  Thayer,  Jr.,  Esq. 

.  Capt.  Solomon  Lovell. 


County  of  Middlesex. 


Roxbury, 
Dorchester. 
Milton,   . 
BraiiUree, 
Weymouth, 
Hingham  & 
Cohasset, 
Dedham, 


Wrentham,  . 
Brookline,   . 
Needham,    . 
Stoughton  and 
Stoughton- 
ham, 
Medway, 
Walpole, 
Chelsea, 


>  Mr.  Joshua  Hearsey. 

.  Mr.  Abner  Ellis. 

.  Gapt.  Samuel  Morse. 

.  Mr.  Jabez  Fisher. 

.  Capt.  Benjamin  White. 

.  Gapt.  Eleazer  Kingsbury. 

Mr.  Hezekiah  Gay. 

.  Capt.  Jonathan  Adams. 
.  Joshua  Clap,  Esq. 
.  Mr.  Thomas  Pratt. 


County  of  Essex. 

Salem,  .     . 

.  Richai'd  Darbey,  Jr.,  Esq., 

Mr.  John  Pickering,  Jr. 

Danvers, 

.  Doctor  Samuel  Holton. 

Ipswich, 

.  Capt.  Michael  Farley. 

Newbury, 

.  Joseph  Gerrish,  Esq. 

Newburyport,  .  Mr.  Jonathan  Greenleaf. 

Marblehead, 

.  Richard  Reed,  Esq. 

Lynn,     . 

.  Ebenezer  Burrill,  Esq. 

Andover, 

.  Samuel  Phillips,  Esq. 

Beverly, 

.  Gapt.  Henry  Herrick. 

Rowley,  . 

.  Humphrey  Hobson,  Esq. 

Salisbury, 

.  Caleb  Gushing,  Esq. 

Haverhill, 

.     .  IMr.  Jonathan  Webster,  Jr. 

Olocester, 

.  Nathaniel  Allen,  Esq. 

Topsjield, 

.     .  Capt.  Samuel  Smith. 

Boxford, 

.  Capt.  Asa  Perley. 

Almsbury, 

.     .  Jonathan  Bagley,  Esq. 

Bradford, 

.  Capt.  Daniel  Thurston. 

Cambridge,    . 
Charlestown, 

Water  town, 
Woburn,    . 
Concord,  . 
Newton,    . 
Reading,  . 
Marlborough 
Billerica, 
Framingharn 
Lexington, 
Chelmsford, 
Sherburne, 
Sudbury,  . 
Maiden,    . 

Weston,     . 
Medford,  . 
Hojikinston, 
Westford,  . 
Waltham, . 
Oroton, 
Shirley  & 
Pepperrell, 
Townshend  & 
Ashby, 


.  Mr.  Thomas  Gardner. 
.  Edward  Sheaffe,  Esq., 
Mr.  Nathaniel  Gorham. 
.  Mr.  John  Remmington. 
.  Mr.  Oliver  Richardson. 
.  Capt.  James  Barrett. 
.  Abraham  Fuller,  Esq. 
.  Mr.  Daniel  Putnam. 
.  Mr.  Peter  Bent. 
.  William  Stickney,  Esq. 
.  Capt.  Josiah  Stone. 
.  Mr.  Jonas  Stone. 
.  Mx.  Simeon  Spaulding. 
.  Mr.  Joseph  Twitchell. 
.  John  Noyes,  Esq. 
.  Gapt.    Ebenezer   Ham- 
den. 
.  Mr.  Abraham  Bigelosr. 
.  Mr.  Benjamin  Hall. 
.  Capt.  Joseph  Mellen. 
.  Capt.  Joseph  Reed. 
.  Jonas  Dix,  Esq. 

>  James  Prescott,  Esq. 


Mr.  Amos  Heald. 


Springfield  & 
Wilbraham, 


County  op  Hampshire. 

/-Hon.  John  Worthington, 

]       Esq., 

V  Benjamin  Day,  Esq. 


N"  Hampton  & 
S"  Hampton, 
Hadley, 
South  Hadley, 
Ainherst  and 
Oranby, 
Hatfield, 
Whately  & 
Williamsburgh 
Westfield,  . 


■  Joseph  Hawley,  Esq. 


Mr.  Josiah  Pierce. 


j 


Hon.  Israel  Williams, 
Esq. 

.  Gapt.  John  Moseley. 


[Representatives.]     Province  Laws  (i?esoZyes,  ete.).  —  1771-72.      529 


County  of  Hampsiiike  —  Concluded. 
Deerfield,  -. 

„,    „  '  I  Mr.  Samuel  Hinsdale. 

ohelburne  & 

Conway,  J 

Brim-field, 

South  Brimjield 

&  Monson, 


'Sir.  Timothy  Danielson. 


County  of  Plymouth. 


Plymouth,  .     . 
Scituate, 
Marshfield, 
Bridgwater, 
Middleborough, 
Rochester,    .     . 
Pembroke,  . 
Abington,    .     . 


.  James  Warren,  Esq. 
.  Mr.  Gideon  Vinall. 
.  Capt.  Anthony  Thomas. 
.  Josiah  Edson,  Esq. 
.  Capt.  Benjamin  White. 
.  Mr.  Samuel  Sprague. 
.  Josiah  Keene,  Esq. 
.  Capt.    Woodbridge 
Brown. 


County  of  Barnstable. 
Barnstable,       .     .  Daniel  Davis,  Esq. 
Sandwich,  .     .     .  Mr.  Stephen  Nye. 
Yarmouth,  .     .     .  David  Thacher,  Esq. 
Harwich,     .     .     .  Chillingworth  Foster, 

Esq. 
Falmouth,   .     .     .  Capt.  Joseph  Rol^inson. 
Chatham,     .     .     .  Mr.  Joseph  Doane. 

County  of  Bristol. 
Taunton,    .     .     .  George  Godfrey,  Esq., 
Daniel  Leonard,  Esq. 
Capt.  Joseph  Barney. 


Eehoboth,  . 
Sivanzey,  with 
Shawamet, 
Dartmouth,     . 
Norton  and 
Mansfield, 
Attleborough, 
Dighton,    . 
Freetown, 
Raynham, 


York,   . 
Kittery, 

Wells,  . 
Berwick, 

Arundell, 


■  Jerathmeel  Bowers,  Esq. 
,  Elisha  Tobey,  Esq. 
•  Dr.  George  Wheeton. 

,  Mr.  John  Daggett. 
.     .  Elnathan  Walker,  Esq. 
.     .  Thomas  Gilbert,  Esq. 

.  Zephaniah  Leonard,  Esq. 

County  of  York. 
.     .  Thomas  Bragdon,  Esq. 

.  Edward  Cutt,  Esq. 
.      .  John  Wheelwright,  Esq. 
.     .  Benjamin    Chadburne, 

Esq. 
.     .  Thomas  Perkins,  Esq. 


County  of  York  —  Concluded. 
Bideford  and      ^ 

Pepperrel-  S  Jeremiah  Ilill,  Esq. 

bo7-o\  ) 

In  the  County  of  Nantucket. 
Sherbourne,    .     .  Mr.  Stephen  Hussey. 

County  of  Worcester. 
Worcester,       .     .  Mr.  Joshua  Bigelow. 
.  Capt.  Asa  Whitcomb. 
.  Mr.  Edward  Rawson. 
.  Jedediah  Foster,  Esq. 


Lancaster, 
Mendpn, 
Brookjield, 
Oxford  & 
Charlton, 
Sutton,  . 
Leicester,  Spen- 
cer and  Paxlon, 
Rutland,  Rut- 
land D., 
Oakham  & 
Hubbardston, 
Southborough, 
Westborough, 
Northborouyh, 
Shrewsbury,    . 
Lunenburgh, 
Fitchburgh, 
Uxbridge,   . 
Harvard,    . 
Bolton,  . 
Sturbridge, 


^  Edward  Davis,  Esq. 
.  Capt.  Henry  King. 

>  Mr.  Thomas  Denny. 

J.  John  Murray,  Esq. 

.  Timothy  Brigham,  Esq. 
I  Capt.  Stephen  May uard. 
.  Mr.  Phineas  Hey  wood. 

>  Edward  Hartwell,  Esq. 

.  Capt.  Ezekiel  Wood. 
.  Israel  Taylor,  Esq. 
.  John  Whitcomb,  Esq. 
.  Mr.  Daniel  Fisk. 


County  of  Cumberland. 

Falmouth  and 
Gape  Elizabeth, 


Jedediah  Preble,  Esq. 


County  of  Lincoln. 
George  Town,      .  James  McCobb,  Esq. 

County  of  Berkshire. 
Sheffield,  Great  n 

Barrington  and   > David  Ingersol,  Jr.,  Esq. 
Egremont,  ) 

Stockbridge,    . 

Pittsfield,   .     . 
Williamstown, 


Timothy  Woodbridge, 

Esq.' 
William  Williams,  Esq. 
Capt.  Isaac  Searl. 


w-  '  fv™j"^'  Brown,  Jr.,  appointed  Representative  from  Stockbridge,  April  16,  1772,  in  place  of  Timothy 
Woodbridge  now  of  his  Majesty's  Council.  -  House  Journal,  p.  146,  1771-72.  iimotny 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-ninth  Day  of  May,  A.D.  1771. 


CHAPTEE    1. 

ORDER  APPOINTING  A  COMMITTEE  TO  COUNTERSIGN  THE  TREASURER'S 
NOTES. 

In  the  House  of  Representatives.  Legislative 

Ordered  That  M'  Speaker  and  M'  Otis  with  such  as  may  be  joined  J^^undf,  xx'ix®, 
by  the  hon'"'''  Board  be  a  Committee  to  sign  the  blanks  for  the  Treas-  ]^ 


urers  notes  in  pursuance  of  a  Law  of  this  Province  passed  in  the  House  .lour- 
second  year  of  his  present  majesty's  Eeign  intitled  an  act  for  the  province' 
better  securing  the  possessors  of  the  Province  Treasurers  notes  by  ^ifaT,%!7''  ^^^' 
enabling  the  Province  Treasurer  to  give  new  receipts  or  obligations 
in  lieu  of  such  notes  as  are  now  extant. 

In  Coi^ncil,  Read  and  Concurred  and  James  Bowdoin  Esq'  is  joined 
in  the  affair.      \Passed  June  1. 


CHAPTEE    2. 

VOTE   CHOOSING  THOMAS   GUSHING,  ESQ",  COMMISSARY   GENERAL.         Legislative 

Records  of  the 

Pursuant  to  agreement  of  the  two  Houses  they  proceeded  to  14.  Mass.' 
the  choice  of  a  Person  for  purchasing  Provisions  &c  for  the  several  t^^x^^esi. 
Forts  and  Garrisons  for  the  present  year  and  upon  sorting  and  count-  Legislative 
ing  the  Votes,  it  appeared  that  Thomas  Cushing  Esq'  was  unani-  Records  of  the 
mously  chosen.     [Passed  Jzme  5.  ii^u.*" kouse'' 

Journal,  p.  20. 


CHAPTEE    3. 


VOTE  CHOOSING  THOMAS   GOLDTHWAIT,  ESQ^  TRUCKMASTER  AT  FORT  Legislative 

POWNALL.  Records  of  the 

Council,  xxlx., 
14.    Mass. 

Pursuant  to  agreement  of  the  two  Houses  they  proceeded  to  i^cwves.cxx., 

the  choice  of  a  Truckmaster  for  Fort  Pownall  for  the  present  year      ^.      

and  upon  sorting  and  counting  the  Votes,  it  appeared  that  Thomas  HlSrds'ot  the 

Goldthwait  Esq'  was  chosen.     [Passed  June  5.  ii'u''"hou'^'' 

P31J  J<;urial.p.20. 


532  Province  Laws   {Resolves,  etc.).  — 1771-72.     [Chap.  4.] 


CHAPTER    4. 

RESOLVE    GRANTING    3,100    ACRES    OF    LAND    TO    ASA    DOUGLASS   & 
OTHERS. 

Becords'onhe       ^^  "^^^  PETITION  of  Aea  Douglass  and  others  [for  a  grant  of 
Council,  xxix,  unappropriated  land] 

Resolved  That  a  Tract  of  Land  lying  Southwardly  from  Williams- 


Archives  town  at  a  place  commonly  called  Jericho  containing  three  thousand 

xivi.,  593.'  one  hundred  acres  of  the  unappropriated  Land  of  this  Province 
nai,  pp.  14,'ii,  begining  at  a  maple  tree  the  northwardly  corner  of  a  Grant  of 
p""6o^,'chap.8].  Land  laid  out  to  Josiah  Dean  &  others  then  East  36*  South  one 
hundred  and  sixty  sis  Eods  to  a  maple  tree:  then  South  36'*  West 
one  hundred  and  fifty  four  rods  to  a  Birch  tree,  then  East  18''  South 
one  hundred  and  eighty  eight  rods  to  a  maple  tree,  then  north  26* 
East  two  hundred  and  eighty  rods  to  a  stake  and  Stones,  then  north 
16  deg°  West  one  hundred  and  ninety  four  rods  to  a  Birch  tree,  then 
north  13'*  East  two  hundred  and  twenty  four  rods  to  a  -Beach  tree, 
then  north  9"*  West  twenty  one  rods  and  an  half  to  a  stake,  then 
north  4'*  East  two  hundred  and  eight  Eods  to  a  maple  tree,  then 
north  29*  East  six  hundred  and  thirty  rods  to  a  maple  tree,  then 
north  IS""  East  ninety  seven  Eods  to  a  maple  tree,  then  north  42'* 
&  30™  East  fifty  two  rods  to  a  Stake  and  Stones  standing  in  the 
South  line  of  Williamstown;  then  West  10''  north  three  hundred 
and  fifty  rods  to  a  Stake  and  Stones,  then  South  30'*  W^est  ninety 
eight  rods  to  a  Birch  tree,  then  South  10*  West  one  hundred  and 
ninety  four  rods  to  a  Stake  and  Stones,  then  South  39*  &  30°'  West 
three  hundred  and  twenty  rods  to  a  Beach  tree,  then  South  13*  West 
five  hundred  and  seven  rods  to  a  stake  and  stones,  then  West  fifteen 
degrees  north  fifty  rods  to  a  Beach  tree,  then  South  19*  West  four 
hundred  &  fourteen  rods  to  a  Beach  tree,  then  South  25*  East  eighty 
rods  to  a  Stake  and  Stones,  then  north  seventy  three  degrees  East 
thirty  five  rods  to  a  black  Oak  tree,  then  north  36*  East  one  hun- 
dred and  sixty  rods  to  the  first  mentioned  Station,  be  Quit  claimed 
to  Benjamin  Davis,  Clark  Eogers,  Samuel  Crippen  Asa  Douglass, 
Christopher  Kennian,  Martin  Townsend,  Ambrose  Clothier,  Ama- 
son  Townsend,  John  Clothier,  Jesse  Squire,  John  Whalen,  Samuel 
Squire,  Samuel  Mallery  and  Wheeler  Douglass  in  such  proportion 
as  is  contained  in  a  Plan  taken  by  Thomas  Williams  Surveyor;  pro- 
vided the  same  do  not  exceed  the  quantity  of  three  thousand  and 
one  hundred  acres  and  do  not  interfere  with  any  former  Grant ;  and 
provided  the  said  Asa  Douglass  shall  give  sufficient  security  to  the 
Province  Treasurer  for  the  use  of  this  Province  for  the  Sum  of  One 
hundred  and  fifty  five  pounds  which  is  at  the  rate  of  one  shilling 
^  acre,  with  Interest  after  the  expiration  of  one  year  and  also  pay 
as  aforesaid  the  Sum  of  forty  shillings  being  the  cost  which  the 
Province  paid  to  a  Committee  to  view  the  same.  And  in  case  the 
said  Benjamin  Davis  and  others  shall  not  pay  the  said  Asa  Douglass 
their  several  proportions  of  said  Sum  at  the  rate  aforesaid  with 
Interest  in  one  year,  the  Eight  which  this  Province  hath  to  such 
delinquents  part  shall  be  to  the  said  Asa  Douglass  in  case  he  shall 
pay  as  aforesaid.     \^Passed  June  5. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  533 


CHAPTEK    5. 

RESOLVE  IMPOWERING  SAM^-  COLLINS,  ADMINISTRATOR,  TO   SELL   REAL 
ESTATE. 

A  Petition  of  Samuel  Collius  administrator  of  the  Estate  of  ^s'sjative 
Samuel  Fowler  jun"'  late  of  Hampton  Falls  in  the  Province  of  New-  council,  xxix., 

hampshire  Yeoman  deceased  Intestate      Setting  forth      That  the  ?i: 

Real  &  Personal  Estate  of  the  said  Intestate  is  insufficient  to  pay  ^a^i^ppi'^^M. 
his  just  debts    That  the  said  Intestate  died  siezed  of  a  piece  of  Salt  Province  ' 
marsh  containing  about  four  acres  lying  at  a  place  called  Pine  Island  chap!'io!'     ' 
in  Salisbury  in  this  Province  in  partnership  with  one  Thomas  Fowler : 
and  praying  that  he  may  be  impowered  to  make  sale  of  the  said  Intes- 
tates interest  in  the  piece  of  Salt  marsh  aforesaid ;  he  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  the  Peti- 
tioner be  and  hereby  is  fully  impowered  in  his  said  capacity  of  ad- 
ministrator to  make  sale  of  the  whole  of  the  Real  Estate  in  said 
Petition  mentioned  for  the  most  the  same  will  fetch,  and  to  make 
and  execute  a  good  Deed  or  Deeds  in  the  Law;  he  observing  the 
directions  of  the  Law  relating  to  Executors  and  administrators  in 
the  sale  of  Real  Estates,  and  first  giving  caution  to  the  Judge  of 
Probate  for  the  Province  of  Newhampshire  that  the  proceeds  of  said 
sale  be  aj^plied  for  paying  the  just  debts  of  the  said  deceased,  and 
that  he  be  accountable  to  the  said  Judge  of  Probate  for  the  remainder 
of  the  proceeds  arising  by  said  sale,  if  any  there  be.    [Passed  June  6. 


CHAPTEE    6. 

RESOLVE    IMPOWERING    BENJ'^    BRADBURY,   ADMINISTRATOR,   TO    SELL 
REAL  ESTATE. 

A  Petition  of  Benjamin  Bradbury  of  Salisbury  in  the  County  Legislative 
of  Essex  administrator  of  the  Estate  of  Jacob  Bradbury  late  of  couxicu  xx^x^ 
Dudley  in  the  County  of  Worcester  deceased     Setting  forth     That  2-i. 
the  said  deceased  died  siezed  of  certain  Real  Estate  in  said  Dudley  House  Jour- 
and  that  the  Petitioner  and  twenty  other  persons  living  in  different  province^' ^'' 
remote  parts  of  this  Province  and  the  Province  of  Newhampshire,  \''"'%),'''  ^^^' 
some  of  whom  are  minors,  are  tlie  lawful  Heirs  of  said  Intestates 
Estate  and  are  all  desirous  that  the  same  should  be  sold,  as  it  will 
not  admit  of  a  Division  among  them  without  prejudice  thereto :  And 
praying  that  he  may  be  impowered  to  make  sale  of  the  same  accord- 
ingly; he  to  be  accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  the  Peti- 
tioner is  hereby  fully  impowered  in  his  said  capacity  of  administra- 
tor to  make  sale  of  the  whole  of  the  Real  Estate  in  said  Petition 
mentioned  for  the  most  the  same  will  fetch,  and  to  make  and  exe- 
cute a  good  Deed  or  Deeds  in  the  Law  for  the  same;  he  first  post- 
ing up  notifications  of  the  time  and  place  of  sale  agreable  to  the 
Law  relating  to  Executors  &  administrators  in  the  sale  of  Real 
Estates  and  giving  caution  to  the  Judge  of  Probate  for  the  County 


534 


Pkovince  Laws  {Resolves,  etc.).  — 1771-72.     [Chaps.  7,  8.] 


of  Worcester  that  the  proceeds  of  said  sale  be  applied  for  the  use 
of  the  Heirs  of  the  said  Jacob  Bradbury  as  the  Law  directs.  [Passed 
June  6. 


CHAPTEK    7, 


KESOLVE   ALLOWING   £13.  10   ANNUALLY   TO   JOHN   BROCK. 


Legislative 
Records  of  the 
Council,  xxlx., 


Mass. 
Archives, 
Ixxx.,  682. 
Legislative 
Records  of  the 
Council, 
xxviil.,  394. 
House  Jour- 
nal, p.  200 
(1770-71) ; 
pp.  12, 13,  28. 
Province 
Laws,  XV.,  672, 
chap.  360. 


A  Petition  of  John  Brock  Setting  forth  That  he  has  spent 
about  fifty  years  of  his  life  in  the  service  of  the  Province  at  Castle 
William  That  he  has  received  from  the  Province  a  comfortable  sub- 
sistance  which  he  most  gratefully  acknowledges  That  having  no 
Children,  nor  any  near  relations  he  has  not  been  anxious  to  save 
any  money  to  leave  behind  him  at  his  death,  but  as  he  received  it, 
so  he  has  from  time  to  time  made  use  of  it  not  in  extravagance  or 
unnecessary  expence,  but  as  he  thought  it  most  agreable  to  his 
duty  That  he  flattered  himself  he  should  die  in  his  Station  and 
lay  his  bones  in  the  place  where  he  had  spent  so  great  a  part  of  his 
life:  But  to  his  great  grief,  late  in  the  Evening  of  life  he  was  dis- 
missed from  the  Castle;  has  been  forced  to  cast  himself  upon  the 
care  of  a  poor  Widow  to  the  Education  of  whose  Child  he  had  con- 
tributed, and  who  in  grateful  return  is  now  distressing  herself  to 
relieve  him.     And  praying  relief  from  this  Court. 

[Eead  and] 

Resolv\l,  that  there  be  AUow'd  &  paid  out  of  the  publick  Treas- 
ury to  John  Brock  the  Petitioner  the  Sum  of  Thirteen  pounds  Ten 
Shillings  Lawf ull  money  yearly  &  every  year  untill  the  further  order 
of  this  Court,  said  yearly  pay  to  be  Estimated  from  the  SO"*  day  of 
December  1770,  being  the  Time  to  which  the  late  Garrison  of  Castle 
William  were  paid  up.     [Passed  June  6. 


CHAPTEK    8, 


Legislative 
Records  of  the 
Council,  xxix., 
28.    Mass. 
Archives, 
Ixxx.,  680. 

Mass. 
Archives, 
!xxx.,  680. 
House  Jour- 
nal, pp.  18,  30, 
31.    Ante, 
p.  247,  chap.  45. 


RESOLVE   ALLOWING   W"   COVELL   £4   ANNUALLY   FOR   FOUR  YEARS. 

A  Petition  of  William  Covell  of  Welfleet  Setting  forth  That 
the  General  Court  in  the  year  1767  granted  him  a  Pension  of  four 
pounds  to  be  paid  yearly  for  the  term  of  four  years  in  consideration 
of  his  poverty  and  of  a  Lameness  he  contracted  by  means  of  a  wound 
he  received  in  the  Service  of  the  Province  in  the  Expedition  against 
Louisbourgh  in  the  year  1745  That  the  said  four  years  are  now 
expired  and  he  still  continues  Lame  and  in  necessitous  circumstances 
and  praying  further  relief. 

[Read  and] 

Resolvd  that  there  be  allowd  &  paid  out  of  the  Province  Treas- 
ury into  the  Hands  of  the  overseers  of  the  District  of  Wellfleet  for 
the  Use  of  the  Petitioner  at  their  Discretion  the  Sum  of  four  pounds 
yearly,  for  four  years  from  this  Date.     [Passed  June  7. 


[1st  Sbss.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  535 


CHAPTER    9. 

RESOLVK    GRANTING    100    ACRES    OF    LAND   EACH    TO    EBEN»    &    JOEL 
TRUMBLE. 

A  Petition  of  Ebenezer  Trumble    Setting  forth    That  the  Gen-  Legislative 
eral  Court  about  three  years  ago  granted  to  him  and  his  Son  Joel  couucif  "x'lx! 

Trumble  each  one  hundred  acres  of  the  Province  Land  in  the  Green-  ^'^ 

woods  in  the  Western  part  of  the  Province  on  which  they  had  settled  House  Jour- 
and  made  improvements,  upon  condition  of  their  paying  a  certain  °m«e%'. 339, " 
Sum  and  returning  a  Plan  of  the  said  Land  within  one  year  from  «hap- 16- 
that  time     That  they  have  been  prevented  from  returning  a  Plan 
thereof  until  this  time :  and  praying  that  the  same  may  be  confirmed 
notwithstanding. 

Read  and 

Resolved  that  the  prayer  of  the  Petition  be  granted  and  that  there 
be  and  hereby  is  granted  to  the  Petitioner  and  Son  Joel  Trumble  to 
each  of  them  one  hundred  acres  of  Land  as  laid  out  in  the  Plan  ex- 
hibited with  this  Petition ;  they  the  said  Ebenezer  and  Joel  Trumble 
giving  their  obligation  with  one  or  more  sufficient  Sureties  to  the 
Province  Treasurer  for  the  Sum  of  thirteen  pounds,  sis  shillings 
and  eight  pence  to  be  paid  within  one  year  from  the  date  hereof. 
[^Passed  June  8. 

CHAPTER    10. 

ORDER  WITH  STAY  OF  EXECUTION  IMPOWERING  THE  SUPERIOR  COURT 
OF  JUDICATURE  TO  HEAR  THE  PETITION  OF  SETH  ADAMS,  ADMIN- 
ISTRATOR. 

A  Petition  of  Seth  Adams  administrator  of  the  Estate  of  Jon-''  Legislative 
Lowder  late  of  Boston  in  the  County  of  Suffolk  Gent"  deceased    Set-  councif," 
ting  forth     That  at  an  Inferior  Court  of  Common  pleas  held  at  x.S"'3i.^^' 
Boston  aforesaid  on  the  first  Tuesday  of  October  last  John  Hamble-  Legislative — 
ton  &  aP  Exec"  of  the  last  Will  &  Testament  of  Otho  Hambleton  Records  of  the 
late  of  Placentia  in  Newfoundland  Esq'  deceased,  brought  an  action  22?'^oufe^"^'' 
of  Ejectment  against  the  Petitioner  on  a  mortgage  given  by  the  said  Journal, pp.27, 
Jonathan  to  the  said  Otho.  That  the  Petitioners  attorney  at  the  same 
Term  appeared  and  caused  the  same  action  to  be  minuted  by  the 
Clerk  of  the  said  Court  as  an  action  to  be  demurred     That  his  said 
attorney  appealed  the  same  action  to  the  then  next  Superior  Court 
to  be  holden  at  said  Boston  and  accordingly  entered  the  same  action 
in  the  said  Court,  expecting  then  to  have  been  heard  in  Chancery 
and  to  have  made  it  appear  that  several  hundred  pounds  had  been 
paid  which  had  not  been  endorsed  on  the  Bond  or  mortgage,  but 
to  the  Petitioners,  as  well  as  his  attorneys,  surprize  the  same  action 
was  by  some  means,  at  the  Inferior  Court,  defaulted.  And  praying 
that  Execution  may  be  staid  'till  the  next  Superior  Court  to  be 
holden  at  Boston  on  the  last  Tuesday  of  August  next,  and  that  the 
same  Court  may  be  impowered  then  to  hear  the  Petitioner  in  Chan- 
cery, the  default  aforesaid  notwithstanding. 

The  Committee  appointed  the  6""  instant  on  the  Petition  of  Seth 
Adams,  made  Eeport ;  whereupon  the  following  Order  passed  viz' 

Read  and  accepted  and 

Ordered  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 


536  Province  Laws  {Resolves,  etc. ) .  — 1771-7 2 .     [Chap.  11.] 

the  Justices  of  the  Superior  Court  of  Judicature  &c  next  to  be  holden 
at  Boston  in  and  for  the  County  of  Suffolk  be  and  hereby  are  fully 
impowered  and  directed  to  hear  said  Cause  in  Chancery  as  fully  to 
all  intents  and  purposes  whatsoever  as  if  the  same  had  regularly 
and  legally  come  before  them  npon  a  regular  plea  made  either  at 
the  Inferior  Court  or  at  the  Sujjerior  Court  supposing  the  case  had 
gone  up  by  demurrer  and  by  consent  a  new  plea  had  been  there 
made,  make  up  Judgment  and  award  Execution  thereon,  and  that 
Execution  be  suspended  in  the  mean  time;  provided  the  Petitioner 
enter  said  action  at  said  Superior  Court;  he  giving  the  respondent 
fourteen  days  notice  of  his  intention  and  of  this  order.  \^Passed 
June  8. 


CHAPTER    11. 

RESOLVE  GRANTING  A  TOWNSHIP  TO  DAVID  PHIPS,  ESQ«,  AND  OTHERS. 

Eefords'Jnhe       ^  PETITION  of  David  Phips  Esq'  and  others    Setting  forth    That 

Council,  xxix.,  their  ancestors  were  in  the  Expedition  against  Canada  in  the  year 

Archiv'es','         1690  in  which  they  underwent  great  hardships  and  difficulties ;    That 

cxviii.,  537.        neither  they  nor  their  ancestors  ever  received  any  compensation 

Mass.  therefor,  altho'  others  in  the  same  Expedition  have  long  since  been 

cxviii., 838,639.  compensated.    And  jirayiug  for  a  Grant  of  a  Tract  of  Land  for  a 

Plants "mIs.       Township  for  the  Services  and  sufferings  aforesaid. 

xiv.,  13.     '  The  Committee  to  whom  was  referred  the  Petition  of  David  Phips 

Records ontie  Esq''  and  others  praying  for  a  Township  in  consideration  of  their 

]3°"Hou8e'"^''  ancestors  being  in  the  Expedition  against  Canada  in  the  year  1690 

Journal,  ^        have  attended  that  service  and  find  that  the  Petitioners  are  the 

(1769-70) ;'        descendants  and  legal   Eepresentatives  of  sundry  persons  in  the 

fmo-Ti)!^'^*   Expedition  aforesaid  and  that  they  nor  their  ancestors  have  not 

pp.  18, 19, 36.     as  yet  received  any  Grant  for  the  hardships  and  burdens  sustained 

by  their  ancestors  aforesaid  in  said  Expedition  as  all  others  have 

done   who  have  regularly  applied  to  the   General   Court  for  the 

same      therefore  are  of  the  opinion  that  the  following   Resolve 

pass. 

[Read  and] 

Resolved  that  there  be  granted  to  David  Phips  Esq''  and  others 
Mentioned  in  the  Petition  a  Township  of  the  Contents  of  Six  Miles 
&  Three  Quarters  Square  to  be  laid  out  adjoining  to  some  former 
Grant  in  the  unapprof)riated  Lands  in  this  Province  to  the  East- 
ward of  Saco-Eiver  provided  the  Grantees  within  Seven  Years  Settle 
Eighty  Families  in  said  Township  Build  a  House  for  the  public 
Worship  of  God  and  Settle  a  Learned  Protestant  Minister  and  lay 
out  one  Eighty  furth  Part  for  the  first  Settleed  Minister,  one  84"' 
part  for  the  Ministry  one  84""  part  for  the  Use  of  a  School  in  s* 
Township  and  one  84""  part  for  the  use  of  Harvard-College  forever 
provided  also  that  they  return  a  Plan  thereof  Taken  by  a  Surveyor 
and  Chainmen  under  Oath  into  this  Court  within  Twelve  Months. 
\^Passed  June  11. 


[1st  Sess.]     Province  Laws  {Besolves,  etc.).  — 1771-72.  537 


CHAPTEE    12. 

RESOLVE    GRANTING    AN    EQUIVALENT   TOWNSHIP    TO    CAP^    JOSHUA 
FULLER  AND   OTHERS. 

A  Petition  of  Joshua  Fuller  and  others     Setting  forth     That  Legislative 
some  of  them  and  the  predecessors  of  the  others,  obtained  a  Grant  councu.xxix^ 
from  the  General  Court  of  a  Township,  several  years  since,  which  Archfve^^' 
was  laid  out  between  the  Rivers  Connecticut  and  Merrimack,  but  ^ 


that,  having  expended  large  Sums  of  money  in  bringing  forward  Mass. 
the  Settlement  thereof,  the  same  fell  into  the  Province  of  New-  cx'Tiii\4ib-4i3. 
hampshire,  on  running  the  Line  between  this  Province  and  that:  nai"m)''i8'^i9 
and  praying  for  the  Grant  of  a  Township  in  lieu  thereof.  37.  'proviiice' 

The  Committee  to  whom  was  referred  the  Petition  of  Cap'  Joshua  cha^^m'""^' 
Fuller  and  others  praying  for  a  Township  of  Land  in  lieu  of  a  Town-  ^^'^'^'  Pj  **> 
ship  granted  to  them  and  their  ancestors  in  the  year  1736  which 
Township  was  cut  off  by  the  running  of  the  Line  between  this  Prov- 
ince and  Newhampshire,  have  attended  that  service  and  find  the 
facts  set  forth  in  said  Petition  are  true,  and  that  they  had  entered 
upon  the  settlement  of  said  Township  and  expended  therein  Six 
pounds,  ten  shillings  old  tenor  for  each  Right  amounting  to  £390 
One  hundred  and  eighty  pounds  of  which  was  paid  to  the  Govern- 
ment; therefore  are  of  opinion  that  the  following  Resolve  pass. 

Resolved,  That  there  be  granted  to  Capt"  Joshua  Fuller  and  others 
mentioned  in  the  Petition  a  Township  of  the  Contents  of  Six  Miles 
and  One  Quarter  square  to  be  laid  out  adjoining  to  some  Former 
Grant  in  the  Unappropriated  Land  in  this  Province  to  the  East- 
ward of  Saco-River.  Provided  the  Grantees  within  Seven  Years  settle 
Sixty  Families  in  said  Township,  Build  a  House  for  the  public  Wor- 
sliip  of  God  and  Settle  a  Learned  Protestant  Minister,  and  lay  Out 
one  64"'  part  for  the  First  Settleed  Minister,  One  64""  part  for  the 
Ministry,  One  64""  part  for  the  use  of  a  School  and  one  64"^  [part]  ' 
for  the  Use  of  Harvard-College  forever  provided  Also  they ' 
return  a  Plan  thereof  Taken  by  a  Surveyor  and  Chainmen  under 
Oath'  into  this  Court  within  Twelve  Months  for  Confirmation.'' 
[Passed  June  11. 

CHAPTEE    13. 

RESOLVE   GRANTING  AN  EQUIVALENT  TOWNSHIP  TO   SAM^-  LIVERMORE, 
ESQ=,  AND   OTHERS. 

A  Petition  of  Samuel  Livermore  Esq'  and  others  in  behalf  of  Legislative 
the  Proprietors  of  a  Township  granted  to  Nathaniel  Harris  Esq'  council,  xxix., 
and  others  in  the  year  1736  as  a  Gratuity  for  their  Service  in  the  Archives!' 
Reduction  of  Port  Royal  Setting  forth      That,  having  expended  cxviii.,  536'. 
large  Sums  of  money  in  laying  out  and  bringing  forward  the  settle-  Mass. 
ment  of  the  said  Township,  on  the  settlement  of  the  Line  between  cxviii™469. 
this  Province  and  the  Province  of  New  Hampshire,  the  same  fell  naTpr)"'?8"i9 
into  the  last  mentioned  Province:  and  praying  for  the  Grant  of  a  36,37.   rr'ov-' 
Township  in  lieu  thereof.  xi?.%-Krchap. 

The  Committee  to  whom  was  referred  the  Petition  of  Samuel  W3  chap  82. 
Livermore  Esq'  and  others  have  enquired  into  the  facts  therein  set    '    ' 

^  Inserted  from  Legislative  Records  of  the  Council,  xxix.,  35. 
*  Manuscript  mutilated. 


538  Province  Laws  (i?eso?!;es,e<c.).  — 1771-72.     [Chaps.  14-16.] 

forth  and  Judge  them  to  be  true,  are  therefore  of  opinion  that  the 
following  Resolve  pass. 

Resolved,  that  the  prayer  of  this  Petition  be  granted  and  that  there 
be  Granted  to  the  Petitioners  and  to  the  Assigns  or  Legal  Repre- 
sentatives of  the  Original  Grantees  in  the  said  Petition  mentioned 
their  Heirs  and  Assigns  a  Township  of  the  Contents  of  Six  Miles 
and  three  Quarters  Square  in  some  of  the  unappropriated  Lands  in 
the  Province  of  Main  to  the  Eastward  of  Saco-River  adjoining  to 
Some  former  Grant  to  Satisfie  the  Grant  of  a  Township  therein  Men- 
tioned which  they  Lost  by  the  running  of  the  Line  Between  this 
Province  and  the  Province  of  New  Hampshire  and  that  the  Peti- 
tioners at  the  Cost  of  Themselves  and  their  Associates  Cause  the 
same  to  be  Laid  out  by  a  Skilful  Surveyor  and  Chainmen  under 
Oath  and  return  a  Plan  of  the  same  to  this  Court  for  their  Accept- 
ance within  Twelve  Months,  and  the  said  Grantees  shall  hold  the 
same  to  themselves  their  Heirs  and  Assigns  forever  upon  the  follow- 
ing Conditions,  viz'  that  the  Grantees  within  Seven  Years  Settle 
Sixty  Families  in  said  Township,  Build  a  House  for  the  Public 
Worship  of  God  and  Settle  a  Learned  Protestant  Minister  and  lay 
out  one  64""  part  for  the  first  Settled  Minister,  one  64"'  part  for 
the  Ministry  One  64"'  part  for  the  use  of  a  School  and  one  64"" 
part  for  the  use  of  Harvard  College  forever.     \^Passed  June  11. 


CHAPTEE    14. 

RESOLVE   ALLOWING    £50   TO    THE   LIEUT.    AT    CASTLE    WILLIAM. 

Refords'^Jnhe       Resolved  that  there  be  Granted  &  allowed  to  be  paid  out  of  the 

Council,  xxix.,  Public  Treasury  the  Sum  of  Fifty  pounds  to  John  Phillips  Esqr 

Archwra'         Lieutenant  of  his  Majesty  Garrison  at  Castle  William  in  full  Con- 

i^^^-.  684.         sideration  of  his  faithfull  discharge  of  that  Trust  for  one  year. 

House  Jour-      \  Passed  June  11. 
nal,  pp.  IS,  38.     L 


CHAPTEE    15. 

Legislative  RESOLVE   ALLOWING   £40   TO   THE    CHAPLAIN   AT   CASTLE    WILLIAM. 

Records  of  the 
Council,  xxix., 

36.  Mass.  Resolved  that  there  be  granted  &  allowed  to  be  paid  out  or  the 

^chives,  xiT.,  p^^jI^j-^  Treasury  the  Sum  of  Forty  pounds  to  Stephen  Hall  who 
House  Jour-  officiated  as  Chaplain  at  Castle  William  in  Consideration  of  his 
nai,pp.i8,39.     faithfull  Discharge  of  that  Trust  for  one  Year.      {Passed  June  11. 


CHAPTEE    16. 

RESOLVE  GRANTING  800  ACRES  OF  EQUIVALENT   LAND    TO   BENJ*  PRES- 
COTT,  ESQ". 

Legislative  Qn  THE  PETITION  of  Benjamin  Prescott  Esq'    Whereas  it  appears 

Counc'if.xx'ix';,  to  this  Court  that  the  Petitioner  has  lost  the  several  Tracts  or  par- 
?£: eels  of  Land  mentioned  in  said  Petition  by  the  late  runing  of  the 


[1st  Sess.]     Province  IjAws  {Besolves,  etc.).  —  1771-72.  539 

Province  line;  that  the  Petitioner  has,  since  he  preferred  said  Peti-  ^„°"pp''i°"27 
tion  been  compensated  for  all  the  Lauds  mentioned  in  said  Petition  2S, 35.  Ante,' 
lying  in  Townshend  by  a  Grant  that  was  made  to  the  Proprietors  p".  su^cbap.  ' 
of  Townshend  in  April  1771     and  whereas  it  appears  that  the  Peti-  i"*- 
tioner  lost  about  eight  hundred  acres  of  Land  mentioned  in  said 
Petition  viz'  one  eighty  acre  lot  in  New  Ipswich  being  house  lot 
N°  one  in  the  South  division  purchased  of  John  Patt,'  and  two 
Eights  in  a  Township  called  N°  one,  lying  near  Winchester  con- 
taining seven  hundred  and  twenty  acres  purchased  of  Benjamin 
Gould  originally  drawn  by  Thomas  Kidder  of  Billerica  and  John 
Page  of  Lunenburgh :    Therefore 

Resolved  that  there  be  granted  to  Benjamin  Prescott  Esq'  his 
Heirs  and  assigns  eight  hundred  acres  of  the  unappropriated  Land 
belonging  to  this  Province  adjoining  to  some  former  Grant  in  full 
consideration  for  the  same,  and  that  he  return  a  Plan  thereof  taken 
by  a  Surveyor  and  Chainmen  under  Oath  into  the  Secretarys  office 
within  twelve  months  for  Confirmation.     [Passed  June  11. 


CHAPTEK    17. 

RESOLVE   ADJOURNING   COURTS  IN   BARNSTABLE   COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe-  Legislative 
rior  Court  of  Common  pleas  by  Law  are  to  be  holden  at  Barnstable  councif  xxlx! 
in  and  for  the  County  of  Barnstable  on  the  last  Tuesday  of  June  ^"- 
instant     and  whereas  a  number  of  the  Justices  of  the  said  Courts  House  Jour- 
who  are  members  of  the  General  Court  will  be  unable  to  attend  province' 
their  duty  here  by  reason  of  their  being  obliged  to  attend  the  first  JifaT'^'' '^'' 
named  Courts,  provided  they  should  be  held  at  the  time  aforesaid ; 
therefore 

Voted  and 

Resolved  That  the  said  Court  of  General  Sessions  of  the  peace  and 
Inferior  Court  of  Common  pleas  be  and  hereby  are  adjourned  to  the 
second  Tuesday  of  July  next,  and  that  every  matter  or  thing  that 
might  have  had  day  in  the  same  Courts  provided  that  they  had  not 
been  adjourned,  shall  have  day  on  said  adjournment  and  be  acted 
upon  to  final  Judgment  and  Execution  to  all  intents  and  purposes 
as  fully  as  if  no  adjournment  had  taken  place.     [Passed  Jime  12. 


CHAPTEK    18. 

RESOLVE  IMPOWERING  THE  GUARDIANS  OF  THE  CHILDREN  OF  ABI- 
GAIL RICHARDSON  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION 
IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  William  Ruck  and  others  Children  and  Heirs  of  Legislative 
Abigail  Richardson  late  of  Reading  deceased  Praying  that  they  may  councu,  xxix., 
be  impowered  to  make  sale  of  certain  Real  Estate  derived  to  them 


from  their  Grandfather  Henry, Merrow  deceased;  their  said  Grand-  5?,"'^ "'„°,"J'';,n 

-,..  'Til.  IT  1  nal,  pp.  io4, 240 

father  having  restricted  them  from  selling  the  same  to  any  other  (Apni,  1771) ; 
person  than  to  one  or  other  of  themselves  notwithstanding;  and  that  fDceLawMi., 
the  proceeds  thereof  may  be  divided  among  them  agreable  to  the  ^^^<  *'''*?•  ^'^■ 
Will  of  their  said  Grandfather. 

'  John  Pratt  ?     See  History  of  Hillsborough  Co.,  New  Hampshire,  p.  614. 


540 


Province  'LxviS  {Resolves,  etc.).  — 1771-72.     [Chap.  19.] 


The  foregoing  Petition  having  been  Read,  and  it  appearing  from 
the  declaration  of  the  writer  of  the  Testators  last  "Will,  and  from 
other  Evidence,  that  the  sole  reason  which  induced  the  Testator  to 
make  the  restriction  in  his  said  Will,  as  mentioned  in  the  Petition, 
was  the  danger  he  apprehended  there  was  that  his  Son  in  Law, 
Father  of  the  Petitioners,  would  mispend  what  might  otherwise 
happen  to  come  into  his  hands,  which  reason  has  some  time  since 
ceased;  and  as  the  Estate  in  said  Petition  mentioned  cannot  be 
divided  among  all  the  Devisees:  therefore 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Guardians  of  such  of  the  Children  of  Abigail  Richardson  therein 
named  as  are  in  their  minority,  together  with  her  other  Children 
be  and  they  are  hereby  authorized  and  impowered  to  make  sale  of 
the  whole  of  said  Estate,  and  to  execute  a  good  and  suflScient  Deed 
or  Deeds  thereof  to  such  Person  or  Persons  as  shall  bid  most  for 
the  same;  they  observing  the  directions  of  the  Law  relative  to  the 
sale  of  Real  Estates  by  Executors  and  administrators  and  giving 
sufficient  caution  to  the  Judge  of  Probate  for  the  County  of  Middle- 
sex that  such  part  of  the  proceeds  as  shall  of  right  belong  to  those 
of  them  who  are  minors,  be  put  out  on  Interest  for  their  benefit,  and 
that  both  principal  and  Interest  be  paid  to  them  or  such  as  shall 
legally  represent  them,  as  they  shall  severally  arrive  to  lawful  age 
or  at  marriage.     \_Passed  June  12. 


CHAPTEE    19, 


RESOLVE  IMPOWERINB  THE   ASSESSORS    OF    THE    DISTRICT    OF    NEW 
SALEM  TO  SELL  LANDS   OF  DELINQUENT  PROPRIETORS. 


Legislative 
Records  of  the 
Oouncil,  xxix., 
43. 

House  Jour- 
nal, pp.  31, 40, 
45.    Province 
Laws,  xvii., 
585,  chap.  168. 


A  Petition  of  Samuel  Kendall  agent  for  the  District  of  New 
Salem  Setting  forth  That  on  the  19""  of  January  1765  the  Gen- 
eral Court  were  pleased  by  their  Order  to  lay  a  Tax  of  Twenty 
pounds  ^  annum  upon  all  the  unimproved  Lands  of  nonresident 
Proprietors,  within  said  District,  for  the  term  of  five  years,  to  be 
appropriated  as  is  therein  mentioned,  to  be  equally  assessed  by  the 
assessors  of  said  District  on  all  the  aforesaid  Lands  and  to  be  col- 
lected by  the  Constables  or  Collectors  that  should  be  chosen  for 
said  District  or  by  any  other  Person  they  should  appoint  for  that 
purpose,  but  a  doubt  has  arisen  whether  the  assessors  by  force  of 
said  order  were  impowered  to  make  sale  of  the  Lands  of  delinquent 
Proprietors  or  in  any  other  way  to  enforce  the  payment  of  said  Tax ; 
by  reason  whereof  and  of  the  neglect  and  refusal  of  sundry  Proprie- 
tors to  pay  the  same  the  order  aforesaid  has  been  rendered  useless 
in  a  great  measure :     and  praying  relief. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
assessors  of  the  District  of  New  Salem  be  impowered,  and  they  are 
hereby  impowered  accordingly  to  make  public  Sale  of  so  much  of 
the  unimproved  Lands  of  such  delinquent  Proprietors  as  shall  be 
sufficient  to  pay  their  respective  proportions  of  the  Tax  of  Twenty 
pounds  per  annum  (in  the  year  1765  laid  on  the  nonresident  Pro- 
prietors of  said  District  for  the  term  of  five  years)  together  with 
the  necessary  charges  of  sale;  giving  notice  thereof  at  least  three 
months  before  the  sale  by  publishing  the  same  in  the  Boston  Gazette 


[1st  Sess.]     Province  Laws  [Hesolves,  etc.).  — 1771-72.  541 

published  on  Monday  and  the  Massachusetts  Gazette  published  on 
Thursday  and  by  posting  up  one  or  more  notifications  of  the  in- 
tended sale  in  some  public  place  or  places  within  the  District  of 
New  Salem ;  and  if  said  Tax  shall  not  be  paid  within  the  term  afore- 
said, the  said  assessors  shall  proceed  to  make  sale  as  aforesaid ;  sav- 
ing to  any  delinquent  Proprietor  a  liberty  for  redemption  of  his  Land 
so  sold,  he  paying  to  the  Treasurer  of  said  District  (for  the  use  for 
which  said  Tax  was  granted)  within  one  year  next  after  such  sale, 
the  Sum  for  which  his  Land  shall  have  been  sold,  together  with 
double  damages  until  the  same  be  redeemed.      [Passed  June  IS. 


CHAPTEK    20. 

ORDER  ALLOWING   £40  TO   DAVID   INGERSOLL. 

A  Petition  of  David  Ingersoll  of  Great  Barrington     Praying  an  Legislative 
lowance,  to  discharge  his  account  for  supplying  sundry  Sick  Sol-  counriLxx* 
diers,  and  others  in  distressed  circumstances  with  necessaries,  on  ^ 


their  return  from  the  army  in  the  years  1759  and  1760  he  being  Mass. 
then  an  Innholder  at  Spencertown ; '  the  said  account  amounting  to  ixxxJeiL 

-PI  09,  8  <!  House  Jour- 

^^yi-^-^-       -,-,  nal,pp.29,42. 

[Read  andj 

Ordered  that  the  Treasurer  or  Eeceiver  General  of  this  Province 
be  and  hereby  is  directed  to  pay  out  of  the  public  Treasury  to  David 
Ingersoll  jun'  Esq'  for  the  use  of  the  Petitioner  the  Sum  of  Forty 
pounds  in  full  satisfaction  of  his  account  referred  to  in  said  Peti- 
tion.    [Passed  June  14. 


CHAPTER    21 


RESOLVE   ALLOWING   £25  TO  SAW-  FREEMAN. 


A  Petition  of  Samuel  Freeman  of  Falmouth  in  the  County  of  LegisiaHve 


Records  of  the 


Cumberland     Setting  forth     That  in  March  1770  he  made  Infor-  coSnoii.xxix 
mation  to  Enoch  Freeman  Esq'  one  of  his  Majestys  Justices  of  the  ^ 


peace  for  the  County  aforesaid  against  Benjamin  Blake  and  Ephraim  J^aT^^ ''sTJs 
Stillman  charging  them  with  the  oSence  of  Counterfeiting  and  utter-  Province ' 
ing  as  true,  certain  Coin,  then  current  in  the  Province ;  whereupon  chij^'ia'f'iv^.^ 
the  said  Justice  bound  them  over  to  the  then  next  Superior  Court  37o,  chap.  5. 
to  be  held  for  the  said  County  to  answer  therefor;  of  which  offence 
they  were  at  the  said  Court  Convicted    That  he  hath  made  applica- 
tion to  the  Governor  and  Council  for  a  Reward  of  £25  for  bringing 
each  of  the  said  offenders  to  Conviction  agreable  to  a  Law  of  the 
Province,  but  as  the  Law  expired  a  few  days  before  the  said  offenders 
were  Convicted,  tho'  in  force  when  they  were  apprehended,  the  Coun- 
cil did  not  grant  the  prayer  of  his  Petition:  and  praying  that  he  may 
be  allowed  and  paid  out  of  the  public  Treasury  the  Reward  above- 
mentioned;  the  expiration  of  the  said  Law  notwithstanding. 

[Read  and] 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  Samuel  Freeman  of  Falmouth  in  the  County  of  Cumberland 
merchant  the  Sum  of  Twenty  five  pounds  for  Informing  against 


In  New  York. 


542 


Province  Laws  {Resolves,  etc.).  —  1771-72.     [Chap.  22.] 


and  bringing  to  Conviction  one  Benjamin  Blake  for  deceitfully 
uttering  on  the  27  day  of  March  1770  six  pieces  of  counterfeit 
Coin  made  of  Pewter,  as  true  pieces  of  Silver  Coin  commonly 
called  Pistereens  being  a  Coin  then  current  in  this  Province ;  and 
the  further  Sum  of  Twenty  five  pounds  for  informing  against  and 
bringing  to  Conviction  one  Ephraim  Stillman  for  forging  coun- 
terfeiting and  making  on  the  last  day  of  January  1770,  of  Pewter 
twenty  false,  forged  and  counterfeited  pieces  of  Coin  in  the  like- 
ness and  imitation  of  the  true  Silver,  commonly  called  Spanish 
mill'd  pieces  of  Eight  the  currency  whereof  was  then  regulated 
and  established  by  the  Laws  of  this  Province,  with  intent  to  utter 
the  same  as  true.     \^Passed  June  14. 


CHAPTBE    22. 


Legislative 
Records  of  the 
Council,  xxix., 


Archives, 
exviii.,  72, 144. 
House  Jour- 
nal, pp.50,  51. 
Province 
Laws,  xil.,  325, 
chap.  146. 
Ante,  p.  43, 
cbap.  82. 


RESOLVE  GRANTING  AN  EQUIVALENT   TOWNSHIP   TO   JAMES  OTIS,  ESQ», 
AND  OTHERS. 

On  THE  Petition  of  the  hon'"'''  James  Otis  and  M'  Nathaniel 
Gorham  in  behalf  of  themselves  and  the  rest  of  the  Heirs  and 
assigns  of  Captain  John  Gorham  and  others,  to  whom  was  granted 
a  Township  of  six  miles  square  in  consideration  of  their  sufferings 
and  Services  in  the  Expedition  against  Canada  in  1690,  which 
Township  (a  small  part  only  excepted)  fell  within  the  Government 
of  Newhampshire  on  running  the  Line  between  this  Province  and 
Newhampshire,  and  the  part  excepted  remained  to  this  Province, 
for  which  they  have  received  no  consideration,  excepting  eight 
shares  which  was  purchased  by  the  late  Col°  Blanchard  of  some 
of  the  Grantees,  and  for  which  he  the  said  Blanchard,  as  it  is  appre- 
hended, received  a  consideration  from  the  Province  of  Newhamp- 
shire, and  is  therefore  excluded. 

[Eead  and] 

Resolved,  That  in  lieu  thereof  there  be  granted  a  Township  of 
Lands  to  the  Petitioners  and  legal  Representatives  or  assigns  of 
said  Cap'  John  Gorham  and  his  Company  excepting  the  eight 
shares  aforesaid  and  iu  lieu  of  those  eight  shares  there  be  admitted 
the  following  persons  who  have  lost  their  Rights  by  the  running 
of  the  Line  in  other  Townships,  be  and  are  placed  by  the  Committee 
in  this  Township,  which  is  to  consist  of  seven  miles  square  viz'  Wil- 
liam Blair  Townshend  Esq''  iu  the  right  of  Cap'  Mosely ;  the  Rev"^  M' 
Hull  Abbot  in  the  riglit  of  Richard  Way,  Deacon  Jonathan  Williams 
in  the  right  of  his  Father  Jonathan  Williams,  John  Williams  in  the 
right  of  Caleb  Stedman  one  share  each,  all  in  Narraganset  Number 
five ;  James  Prescot  and  others  the  Heirs  of  Benjamin  Prescot  Esq' 
for  two  shares  in  a  Township  called  Suncook ;  Nathaniel  Parker  for 
one  share  lost  in  said  Suncook  in  the  original  Right  of  Benjamin 
Parker;  and  to  the  said  Nathaniel  Parker  in  the  right  of  Joseph 
Lakin  for  a  share  of  Land  in  a  Town  called  Tyngs  Town ;  which 
with  the  public  Lots  make  the  complement  of  Sixty  four  shares,  in 
the  unappropriated  Lands  belonging  to  this  Province;  provided  that 
the  Grantees  within  sis  years  settle  thirty  Families  in  the  said  Town, 
build  a  meeting  house  and  settle  a  learned  Protestant  Minister,  and 
lay  out  one  sixty  fourth  part  of  said  Township  for  the  use  of  the 
first  settled  minister,  and  one  other  sixty  fourth  part  for  the  min- 
istry and  one  other  sixty  fourth  part  for  a  Grammar  School  and  one 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  543 

sixty  fourth  part  for  the  use  of  Harvard  College.  And  return  a  plan 
into  the  Secretaries  otBce  taken  by  a  Surveyor  and  Chainmen  under 
Oath  within  twelve  months  for  confirmation.  Provided  also  that  the 
said  Township  be  laid  out  in  such  a  part  of  the  unappropriated  Lands 
belonging  to  this  Province  adjoining  to  some  former  Grant  to  the 
Eastward  of  Saco  Eiver,  and  that  they  return  a  plan  thereof  into 
the  Secretary's  office  within  twelve  months  from  this  day  for  con- 
firmation.    [Passed  June  15. 


CHAPTEK    23. 

RESOLVE  IMPOWERING  THO«  ASPINWALL,  ADM»,  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO  THE   PROCEEDS. 

A  Petition  of  Thomas  Aspinwall  administrator  of  the  Estate  of  ^""'^'^''^1  .^ 
Samuel  Aspinwall  late  of  Brookline  in  the  County  of  Suffolk  de-  council,  xxix., 

ceased    Setting  forth    That  the  Personal  Estate  of  the  said  deceased  ^li 

is  insufficient  to  pay  his  just  debts  by  the  Sum  of  £217.5.5%  and  ^anp,"'3°7°62, 
that  the  Real  Estate,  consisting  of  a  dwelling  house  and  fifteen  53. 'province 
acres  of  Land,  is  apprised  at  £324  and  is  so  situated  that  the  sale  ciiap.'io.'' 
of  part  thereof  will  be  a  great  prejudice  thereto  and  praying  that 
he  may  be  impowered  to  make  sale  of  the  whole  of  the  said  Eeal 
Estate;  the  proceeds  whereof,  after  payment  of  the  debts,  to  be 
applied  for  the  benefit  of  the  Heirs  of  the  deceased. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  sell  the  whole  of  the  Real  Estate  in  his  Petition  mentioned  for 
the  most  the  same  will  fetch ;  he  observing  the  rules  and  directions 
of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  adminis- 
trators and  giving  sufficient  security  to  the  Judge  of  Probate  for 
the  County  of  Suffolk  that  the  proceeds  of  said  sale  shall  be  first 
applied  for  the  payment  of  the  debts  of  the  deceased  and  that  the 
residue  thereof  shall  be  applied  for  the  benefit  of  the  Heirs  of  the 
deceased,  in  which  case  the  Deed  or  Deeds  by  him  made  to  the  pur- 
chaser or  purchasers  of  the  same  shall  be  good  and  valid  to  convey 
the  said  Eeal  Estate.      [Passed  June  15. 


CHAPTER    24. 

RESOLVE  IMPOWERING  SETH  HASTINGS  AND  EBENEZER  ELIOT,  GUAR- 
DIANS, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO   THE   PROCEEDS. 

A  Petition  of  Seth  Hastings  and  Ebenezer  Eliot     Setting  forth  Legislative 
That  Thomas  Soden  late  of  Cambridge  deceased  by  Will  devised  to  councu,  xxix*!, 

his  Son  Samuel  Soden  one  moiety  of  his  Buildings  and  several  pieces  ^h 

of  Land  in  Cambridge;  the  one  half  of  the  other  moiety  he  gave  to  ^^1™" '^4^5,2 
his  Grandson  William  Soden  Hastings  and  in  case  of  liis  decease  to  ProVince 
the  rest  of  his  daughter  Hasting's  Children;  and  the  remaining  half  ctfap^'io.''  ^^^' 
of  the  said  moiety  he  gave  to  the  surviving  male  Heirs  of  his  daughter 
Eliot     That  upon  a  Division  of  the  premises  it  appears  that  the 
fencing  the  several  parts  will  be  attended  with  great  charge,  and 
the  said  Children  while  in  their  minority  will  receive  but  little  profit 


5U 


Province  Laws  {Resolves,  etc.).  — 1771-72.     [Chaps.  25,  26.] 


by  said  Estate  That  the  said  Samuel  Soden  is  desirous  of  joining 
with  the  Petitioners  (who  are  Guardians  of  the  Heirs  aforesaid)  in 
the  sale  of  the  whole  of  the  said  premises,  which  will  sell  to  greater 
advantage,  than  in  seperate  parcels.  And  praying  that  they 

may  be  impowered  to  make  Sale  of  the  Real  Estate  devised  to  the 
Grand  Children  of  the  deceased  as  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  in  their  aforesaid  capacity  be  and  hereby  are 
impowered  to  make  sale  of  that  moiety  of  the  said  deceaseds  Real 
Estate  that  he  gave  to  his  Grand-children  aforementioned,  for  the 
most  the  same  will  fetch,  and  to  make  and  execute  a  good  Deed  or 
Deeds  of  conveyance  in  Law  of  the  same  to  the  purchaser  or  pur- 
chasers; they  observing  the  directions  of  the  Law  relating  to  Ex- 
ecutors and  administrators  for  the  sale  of  Real  Estates  and  giving 
caution  to  the  Judge  of  Probate  for  the  County  of  Middlesex  that 
the  proceeds  of  said  sale  be  applied  to  the  use  and  for  the  benefit  of 
such  of  the  Legatees  mentioned  in  the  Will  aforesaid,  as  said  premises 
would  belong  to,  had  they  not  been  sold.     \_Passed  June  15. 


CHAPTEE    25 


RESOLVE  REMITTING  TO   THE   TOWN  OF  WESTFORD   £8   FINE   FOR  NOT 
SENDING  A   REPRESENTATIVE. 


Legislative 
Records  of  the 
Council,  xxix., 
S3.    Mass. 
Archives, 
cxvUl.,  531. 

Mass. 
Archives, 
cxvlll.,  630. 
House  Jour- 
nal, p.  29. 
Province 
Laws,  v.,  95, 
chap.  7;  142, 
note. 


A  Petition  of  Joseph  Read  in  behalf  of  the  Town  of  "West- 
ford  Setting  forth  That  a  Fine  was  laid  on  them  of  Eight  pounds 
for  not  sending  a  Representative  to  the  General  Court  the  last 
year  and  as  the  said  Town  was  at  the  expence  of  Building  a  new 
Meeting  house  the  last  year.  Praying  that  the  said  Fine  may  be 
remitted. 

[Read  and] 

Resolvd  that  the  prayer  of  this  Petition  be  granted  &  that  there 
be  allowd  &  paid  out  of  the  Province  Treasury  to  M'  Joseph  Read 
for  the  Use  of  the  said  Town  of  Westford  the  sum  of  Eight  pounds 
accordingly.     [Passed  June  18. 


CHAPTER    26, 


RESOLVE   REMITTING  TO  THE   TOWN  OF  SHERBORN   £6  FINE  FOR  NOT 
SENDING  A  REPRESENTATIVE. 


Records'of  the  ^  PETITION  of  Joseph  Twitchel  in  behalf  of  the  Town  of  Sher- 
councUj^ xxix!,  bourn  Setting  forth  That  a  Fine  of  Six  pounds  was  laid  on  them 
for  not  sending  a  Representative  to  Court  the  last  year  and  as  the 
said  Town  was  at  great  expence  in  rebuilding  their  meeting  house 
and  in  settling  a  minister  the  last  year  Praying  that  the  said  Fine 
may  be  remitted. 
[Read  and] 

Resolvd  that  the  prayer  of  the  foregoing  Petition  be  granted  and 
that  there  be  allowd  &  paid  out  of  the  Treasury  of  the  province  the 
sum  of  Six  pounds  to  M'  Joseph  Twitchel  for  the  Use  of  the  said 
Town  of  Sherburne.      \^Passed  June  18. 


Mass. 
Archives, 
cxvlll.,  527. 

House  Jour- 
nal, p.  39. 
Province 
Laws,  v.,  95, 
chap.  7 ;  142, 
note. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  545 


CHAPTEK    27. 

RESOLVE  REMITTING  TO  THE   TOWN   OF  SOUTHBOROUGH   £5  FINE   FOR 
NOT  SENDING  A  REPRESENTATIVE. 

A  Petition  of  Timothy  Brigham  in  behalf  of  the  Town  of  South-  Refords'of  the 
borough  Setting  forth    That  a  Fine  of  five  pounds  was  laid  on  them  council,  xxix., 
for  not  sending  a  Representative  to  Court  the  last  year     and  as  the  Arcmves," 
said  Town  was,  the  last  year,  at  greater  expence  than  usual  in  sup-  cxviu.,  529. 
porting  their  poor,  in  making  &  repairing  Bridges  and  Roads    Pray-  Maes. 
ing  that  the  said  Fine  may  be  remitted.  cx^viii^*B2S. 

[Read  and]  ^^v-lr- 

Resolvd  that  the  prayer  of  this  petition  be  granted  &  that  there  Province 
be  allowd  &  paid  out  of  the  province  Treasury  to  Timothy  Brigham  Q,ha^\^'i{\i%' 
Esq'  for  the  Use  of  the  said  Town  of  Southbro  the  sum  of  five  pounds  °°'^- 
accordingly.     \^Passed  June  18. 


CHAPTEE    28. 

RESOLVE   REMITTING  TO   THE   TOWN    OF    CHELSEA    £7    FINE    FOR    NOT 
SENDING  A  REPRESENTATIVE. 

A  Petition  of  Thomas  Pratt  in  behalf  of  the  Town  of  Chelsea   Set-  Legislative 
ting  forth,  the  smallness  of  the  said  Town,  and  the  poverty  of  its  council  xx'ix*. 
Inhabitants:  and  praying  that  a  Fine  of  Seven  pounds  laid  on  them  Arch?"^8^' 
the  last  year  for  not  sending  a  Representative  to  Court  may  be  cxvui.,  s-is. 
remitted.  Mass. 

[Read  and  J  cxviii.,  280, 523. 

Resolvd  that  the  prayer  of  this  Petition  be  granted  and  that  there  House  Jour- 
be  allowd  &  paid  out  of  the  Province  Treasury  to  M'  Thomas  Prat  Province' 
for  The  Use  of  said  Town  of  Chelsea  the  Sum  of  seven  pounds  ac-  cha^ij^Ml' 
cordingly.     {^Passed  June  18.  note. 


CHAPTEK    29. 

RESOLVE    REMITTING    TO   THE    TOWN  OF  GEORGETOWN   £10   FINE   FOR 
NOT  SENDING  A   REPRESENTATIVE. 

A  Petition  of  James  M'^Cobb  in  behalf  of  the  Town  of  George  Legislative 
Town  '  Setting  forth    That  a  Fine  of  Ten  pounds  was  laid  on  them  coSScif  xxix" 
for  not  sending  a  Representative  to  Court  the  last  year     and  as  the  55.   Mass.* 
Inhabitants  of  said  Town  were  in  very  distressing  circumstances  the  ^xvui^  K!2. 
last  year  occasioned  by  the  destruction  of  their  Grass  by  Worms;  Mags; 
many  Persons  having  thereby  lost  four  fifths  of  their  Crops  and  in  •^fSJ^'l^j, 
consequence  a  great  part  of  their  Stock  of  Cattle  in  the  Spring,  by  House  Joui-- 
which  means  they  were  greatly  impoverish'd    Praying  that  the  said  province 
Fine  may  be  remitted.  Laws,v.,ioi, 

ni       1  n  chap.  7;  142, 

[Read  and  J  note. 

Resolvd  that  the  prayer  of  this  pet'  be  granted  &  that  there  be 
allowd  &,  paid  out  of  the  publick  Treasury  the  sum  of  Ten  pounds 
into  the  Hands  of  James  M'^Cobb  Esq'  for  the  Use  of  the  said  Town 
of  George  Town  accordingly.     [Passed  June  18. 

•  Lincoln  County,  Maine. 


546 


Pkovixce  Ijaws,  {Resolves,  etc.) .  —  1771-72.     [Chaps.  30,  31.] 


Legislative 
Records  of  the 
Council,  xxix., 


House  Jour- 
nal, pp.46, 55. 


CHAPTEK    30. 

RESOLVE  IMPOWERING  ABIJAH  BURRAGE   &   JN°  BURRAGE,  GUARDIAN, 
TO   EXECUTE   A  DEED. 

A  Petition  of  Abijah  Burrage  of  Lynn  in  the  County  of  Essex, 
and  of  John  Burrage  of  said  Lynn  Guardian  of  Josiah  Burrage  of 
Lynn  aforesaid  Glazier  Setting  forth  That  in  April  1769  the  said 
Abijah  in  consideration  of  £66  to  be  paid  him  by  the  said  Josiah 
agreed  with  the  said  Josiah  to  convey  to  him  in  fee  simple  the  West 
half  part  of  his  the  said  Abijah 's  dwelling  House  together  with  the 
Land  on  which  it  stands  being  formerly  the  House  of  Thomas  Bur- 
rage of  Lynn  deceased ;  and  that  the  said  Josiah  at  the  same  time 
for  and  in  consideration  of  the  Sum  of  one  hundred  pounds  to  be 
paid  him  by  the  said  Abijah  agreed  with  the  said  Abijah  to  convey 
to  him  in  like  manner  his  the  said  Josiah's  dwelling  hoUse  and  the 
Garden  adjoining  thereto  in  Lynn  aforesaid  That  the  said  Abijah 
hath  paid  to  the  said  Josiah  the  Sum  of  £23.3.4  in  part  of  the  said 
consideration  of  one  hundred  pounds  and  that  the  Deeds  were  wrote 
to  compleat  and  execute  s'^  bargain  between  the  s*"  Abijah  and  Josiah, 
but  by  the  providence  of  God  the  said  Josiah  was  suddenly  deprived 
of  his  reason  before  the  said  Deeds  could  be  executed  and  still  con- 
tinues so  to  be  and  praying  that  the  said  John,  Guardian  as 
aforesaid,  may  be  enabled  to  carry  the  said  agreement  into  execu- 
tion and  to  make  any  Deed  or  Deeds  that  may  be  necessary  thereto, 
in  behalf  of  the  said  Josiah. 

On  the  Petition  of  Abijah  Burrage,  and  John  Burrage  who  is 
Guardian  to  Josiah  Burrage, 

Resolved  that  the  prayer  thereof  be  granted  and  that  the  Peti- 
tioners be  and  they  accordingly  are  hereby  fully  impowered  to  carry 
the  agreement  heretofore  made  by  the  said  Abijah  and  the  said  Josiah 
while  he  was  in  the  free  exercise  of  his  reason  into  execution  as  in 
their  Petition  mentioned,  his  the  said  Josiah's  present  Insanity  not- 
withstanding; and  that  upon  the  said  Abijah's  fulfilling  the  said 
agreement  made  between  himself  and  the  said  Josiah  by  executing 
a  Deed  to  the  said  Josiah  and  his  Heirs  of  the  Land  therein  described 
and  paying  into  the  hands  of  the  said  Guardian  for  the  use  of  the 
said  Josiah  what  remains  unpaid  towards  compleating  said  agree- 
ment ;  he  the  said  John  the  Guardian  aforesaid  is  and  shall  be  hereby 
impowered  to  make  and  execute  to  the  said  Abijah  his  Heirs  &c  the 
House  and  Land  which  the  said  Josiah  was  to  have  conveyed,  which 
Deed  so  made  by  the  said  John  the  Guardian  shall  convey  the  prem- 
ises as  effectually  as  if  the  said  Josiah  had  done  the  same  while  he 
was  Sane;  always  provided  that  the  said  Guardian  shall  duly  account 
for  and  pay  what  he  shall  so  receive  as  by  Law  he  ought.  [Passed 
June  18. 


CHAPTER    31. 

RESOLVE  APPOINTING   A  COMMITTEE  TO   SELL  REAL  ESTATE. 


Legislative  A  MEMORIAL  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen- 

Councir,xxix.,  eral  of  the  Province    Setting  forth    That  he  having  recovered  Judg- 
^1: ment  against  Jonas  Cutler  a  defective  Farmer  of  Excise  for  the  Sum 


[1st  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1771—72.  547 

of  £730.10.(5  took  out  Execution  and  levied  it  upon  an  Estate  which  ^a^uppi's""'!, 

he  had  at  Waltham  and  upon  what  Personal  Estate  he  could  find  53,64. 

belonging  to  said  Jonas,  wiiich  Real  Estate  being  a  Farm  of  about 

one  hundred  acres  by  the  appraisement  of  three  indifferent  men 

upon  Oatli  was  set  oil  to  the  memorialist  in  behalf  of  the  Province 

for  £500  partly  to  satisfy  the  Execution ;  the  remaining  Sum  was 

raised  out  of  the  Personal  Estate     That  the  right  of  redemjjtion  is 

long  since  elapsed,  so  that  the  Government  have  the  entire  fee  of 

the  Premises     and  praying  that  this  Court  would  take  such  order 

concerning  the  premises  as  shall  seem  meet. 

In  tlie  House  of  Representatives.  On  the  Petition  of  Harrison 
Gray  Esq'  Treasurer  of  the  Province  resj)ecting  the  Farm  in  Wal- 
tham taken  by  him  in  behalf  of  the  Province  from  Jonas  Cutler  by 
Execution 

Resolved  that  M'  Remington,  Cap'  Dix,  witli  sucli  as  tlie  lion'''* 
Board  shall  join  be  a  Committee  in  behalf  of  this  Province  to  make 
sale  of  the  Farm  afores"*  at  public  Vendue  to  the  highest  bidder  at 
such  time  and  place  as  they  may  judge  best  on  public  notice  pre- 
viously given  by  advertisement  in  some  of  tlie  public  news  papers; 
they  giving  to  the  purchaser  or  purchasers  thereof  two  years  time 
for  the  payment  of  tlie  jsurchase  price  of  said  Farm,  he  or  they 
giving  Bond  with  sufficient  surety  or  sureties  for  paying  the  same 
with  lawful  Interest;  and  the  said  Petitioner  Harrison  Gray  Esq'' 
Treasurer  afores"^  is  hereby  desired  and  impowered  to  make  and 
execute  to  the  purchaser  of  the  said  Estate  a  good  Deed  of  convey- 
ance of  the  same,  to  hold  the  same  to  him  and  his  Heirs  on  his 
receiving  the  Securities  as  aforesaid  for  the  purchase  price  thereof. 

In  Council,  Read  and  Concurred,  and  James  Russell  Esq''  is  joined. 
\_Passed  June  18. 


CHAPTER    32. 

RESOLVE  WITH  ORDER  OF  NOTICE  AND  STAY  OF  EXECUTION  ON  THE 
PETITION  OF  TH08  STEVENS  FOR  THE  RE-HEARING  OF  A  JUDGE- 
MENT. 

A  Petition  of  Thomas  Stevens     Setting  forth,  That  in  tlie  year  Legislative 
1757  he  being  a  Bankrupt  a  Commission  pursuant  to  the  Province  council^  xxix* 
Law  then  in  force  was  taken  out  against  him,  whereby  his  Estate  57 


&  Effects  were  siezed;  and  Commissioners  &  assignees  being  ap-  House  Jour- 
pointed,  he  conformed  to  the  Law  That  Samuel  Coker  and  Joseph  provin'ce''^" 
Hoyt  of  Newbury  brought  in  to  the  Commissioners  their  demands  ^^*^^^'ji7-'  '-^> 
against  the  Petitioner  but  no  settlement  was  made  before  the  ex- 
piration of  that  Law  That  in  1770  the  said  Coker  and  Hoit  com- 
menced Suits  for  their  said  demands  against  the  Petitioner  at  the 
Inferior  Court  for  the  County  of  Essex,  and  he  being  unable  to  go 
abroad  and  procitre  his  Books  and  pajiers  which  were  in  the  hands 
of  the  Commissioners,  thought  it  his  duty  to  move  for  a  continu- 
ance of  the  Causes,  apprehending  that  a  new  Law  of  the  Province 
would  be  made  whereby  the  affairs  of  the  said  Commissioners  would 
be  finished  and  each  Creditor  having  his  jiroportionable  part  of  his 
debt  the  Petitioner  might  be  discharged,  but  not  prevailing  in  his 
motion  his  attorney  upon  Judgment  being  entered  for  the  whole 
Debt  sued  for,  claimed  au  appeal,  but  the  Petitioner  being  absent 
had  no  notice  and  did  not  recognize,  and  so  is  become  liable  for 
the  whole  Sum  demanded;  by  payment  of  which  he,  and  his  other 


548 


Province  Laws  (Iiesolves,etc.). — 1771-72.     [Chaps.  33,  34.] 


Creditors,  would  be  much  injured  and  praying  that  he  may  be 
enabled  to  bring  his  appeal  from  the  said  Judgment  to  the  next 
Superior  Court  for  the  County  of  Essex  and  have  the  benefit  of 
such  defence  and  pleas  as  he  might  have  had  in  case  he  had  recog- 
nized and  prosecuted  the  appeal  claimed  as  aforesaid,  or  that  he 
may  be  otherwise  relieved. 

Kead  and  thereupon 

Resolved  that  the  Petitioner  notify  the  adverse  party  viz'  Samuel 
Coker  and  Joseph  Hoyt  by  serving  them  with  a  Copy  of  this  Petition 
that  they  shew  cause  if  any  they  have  on  the  second  Wednesday 
of  the  next  Session  of  the  General  Court  why  the  prayer  thereof 
should  not  be  granted,  and  that  Execution  be  staid  in  the  mean 
time.      \^Passed  June  18. 


CHAPTEK    33. 

RESOLVE   IMPOWERING   PHILIP    WHEELER,    GUARDIAN,    TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE    PROCEEDS. 

Legisiatwe  ^\  PETITION  of  Philip  Wheeler  Guardian  to  Mehettable  Millard  a 

Council,  xxix.,  minor  daughter  of  Nathaniel  Millard  late  of  Rehoboth  in  the  County 

^h of  Bristol  deceased     Setting  forth     That  the  said  minors  Personal 

?ai"^^)'^'3"58      Estate  is  insufficient  to  pay  the  expences  of  her  support  while  under 
Province' _"'     seven  years  of  age,  by  the  Sum  of  £23. -±.3     and  praying  that  he 
cifa^!'io.''  "  '    may  be  impowered  to  make  sale  of  the  whole  of  the  Real  Estate  of 
the  said  minor  apprized  at  £41    or  so  much  thereof  as  shall  be  suffi- 
cient for  the  purpose  aforesaid  and  the  charges  of  Sale. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  sell  the  whole  of  the  Tract  of  Land  in  his  Petition  mentioned  for 
the  most  the  same  will  fetch  and  to  make  and  execute  a  good  and 
sufficient  Deed  or  Deeds  thereof,  he  observing  the  rules  and  direc- 
tions of  the  Law  relative  to  the  sale  of  Real  Estates  by  Executors 
and  administrators  and  giving  sufficient  seciirity  to  the  Judge  of 
Probate  for  the  County  of  Bristol  that  what  the  same  shall  fetch 
more  than  to  pay  the  Debt  in  his  Petition  mentioned  and  the  neces- 
sary charges,  to  be  allowed  by  said  Judge  of  Probate,  he  will  put 
to  Interest  and  duly  account  for  and  pay  the  principal  and  Interest 
aforesaid  to  the  said  minor  when  of  age  or  to  her  legal  Representa- 
tive in  case  of  her  decease.      \^Passed  June  19. 


CHAPTEK    34. 

RESOLVE   IMPOWERING   MARY  AND  EBENEZER  STRATTON,  EXECUTORS, 
TO  EXECUTE   A  DEED. 


I.esislaUve 
ReiordB  of  tlie 
Council,  xxlx., 


House  Jour. 
nal,pp.l97,250 

(Aiirll,  1771) ; 


A  Petition  of  Mary  Stratton  and  Ebenezer  Stratton  Executors 
of  the  last  Will  and  Testament  of  Richard  Stratton  late  of  Williams- 
town  in  the  County  of  Berkshire  deceased  Setting  forth  That  the 
said  Richard  Stratton  on  the  17  day  of  May  1768  by  Bond  of  the 
penalty  of  One  hundred  pounds  obliged  himself,  or  some  person 
lawfully  authorized  by  or  under  him,  to  procure  and  deliver  tiuto 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1771-72.  549 

oue  John  M'=Masters  a  warrantee  Deed  of  one  fifty  acre  lot  of  Land 
lying  in  Williamstovvn  aforesaid  known  by  the  name  of  number  forty 
five  in  the  second  Division  of  fifty  acre  lots,  within  eighteen  months 
from  the  date  of  the  said  Bond,  but  that  the  said  Eichard  died  with- 
out procuring  and  delivering  the  said  Deed  and  Praying  that  they 
may  be  impowered,  in  order  to  discharge  the  said  Bond,  to  convey 
the  Lot  aforesaid  to  the  said  John  M°Masters. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  im- 
powered to  make  and  execute  a  Deed  of  the  fifty  acre  lot  in  their 
Petition  mentioned  to  the  said  John  M'Masters  his  Heirs  and  assigns 
which  being  done  and  compleated  in  form  of  Law  shall  be  as  good 
and  valid  for  the  conveyance  of  the  said  Land  as  if  the  said  Richard 
Stratton  deceased  had  done  the  same  in  his  life  time.'  \^Passed 
June  19. 


CHAPTEE    35. 

RESOLVE    IMPOWERING    THE   JUSTICES    OF    THE    SUPERIOR    COURT    TO 
RECONSIDER   A   JUDGMENT. 

The  Committee  on  the  Petition  of  James  Gray  [in  regard  to  a  LegisiatiTe 
judgment  as  to  conveyance  of  land]  have  met  and  consider'd  the  coSncif,  xxVit 
same  and  ask  leave  to  Report  that  they  find  the  facts  true  that  are  ei^ 


set  forth  in  said  Petition,  and  are  humbly  of  opinion  that  the  fol-  Legislative 

,        .         T-.        1        1  T  ./  i  Records  of  the 

lowing  Resolve  be  passed.  council, 

[Read  and]  fSii^. 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted  as  that  House  Jour-^ 
his  majesty's  Justices  of  the  Superior  Court  of  Judicature,  Court  of  "'^  '  '''^'  ' 
assize  and  General  Goal  delivery  be  impowered  at  their  next  Term 
for  the  Counties  of  Cumberland  and  Lincoln  to  reconsider,  if  they 
see  cause,  the  Judgment  referred  to  in  this  Petition  made  up  at  the 
Term  in  June  1769  and  to  make  up  Judgment  de  novo  as  fully  to 
all  intents  and  purposes  as  if  the  said  Judgment  in  1709  had  not 
been  made  up;  and  the  said  Judgment  in  1769  shall  thereupon 
become  null  and  void  provided  always  that  it  shall  first  be  made 
to  appear  to  the  said  Justices  that  the  Execution  issued  upon  the 
said  Judgment  in  1769  is  in  no  part  satisfied  provided  also  that  a 
Copy  of  this  Resolve  be  left  at  the  place  of  abode  of  the  said  Abra- 
ham Tyler  or  that  he  be  otherwise  notified  thereof  seven  days  before 
the  next  Term  of  the  said  Superior  Court  for  Cumberland  and  Lin- 
coln as  aforesaid.     \_Passed  June  19. 


CHAPTEE    36. 

RESOLVE  IMPOWERING  SAMUEL  ADAMS  AND  RICHARD  BOYNTON,  AD- 
MINISTRATORS, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Samuel  Adams  and  Richard  Boyuton  admiuistra-  Legislative 
tors  of  the  Estate  of  the  ReV^  Samuel  Checkley  late  of  Boston  de-  coSncu"  xxix*, 
ceased,  [to  sell  real  estate]  ^ 

^  The  final  action  on  this  petition  not  found  in  the  House  Journal. 


550 


Province  Laws  {Resolves, etc.).  — 1771-72.     [Chap.  37.] 


Legislative 
Records  of  the 
Council, 
xxvul.,4S7. 
House  Jour- 
nal, pp.  51, 52. 
Province 
Laws,  11.,  151, 
chap.  10. 


Read  and 

Resolved  that  the  prayer  be  granted,  and  that  the  Petitioners  be 
and  they  are  hereby  fully  impowered  to  sell  the  House  and  Land  in 
their  Petition  mentioned  for  the  most  the  same  will  fetch  and  exe- 
cute a  good  and  sufficient  Deed  or  Deeds  thereof;  they  observing 
the  rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  giving  sufficient  caution  to  the  Judge  of  Pro- 
bate for  the  County  of  Suffolk  that  they  will  apply  the  proceeds  of 
said  sale  for  the  payment  of  the  Debts  of  the  deceased  and  the  resi- 
due to  his  Heirs  according  to  Law.     [Passed  June  19. 


CHAPTER    87 


RESOLVE  IMPOWERING  JOSIAH   STONE,  ADMINISTRATOR,  TO  SELL  REAL 
ESTATE   AND  MAKING   PROVISION    IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxix., 

64. 

House  Jour- 
nal, pp.  38,  68. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Josiah  Stone  and  Persis  Gregory  administrators 
of  the  Estate  of  Daniel  Gregory  late  of  Framingham  deceased  Intes- 
tate ;  (the  said  Persis  being  also  Guardian  to  the  three  Children  of 
the  deceased)  Setting  forth  That,  including  the  Estate  that  has 
lately  fell  to  the  said  Children  by  the  decease  of  Sarah  Gregory 
mother  of  the  said  Intestate,  which  she  enjoyed  as  Dower  out  of 
the  Estate  of  the  said  minors  Grandfather,  there  are  about  Sixty 
acres  of  Land,  belonging  to  them  which  lies  in  seven  separate 
pieces,  the  Fences  round  which  are  all  of  Wood  and  greatly  out 
of  repair  and  the  Timber  and  Wood  on  the  premises  utterly  insuffi- 
cient for  the  purpose  of  so  much  Fencing  and  supplying  a  Family 
with  necessary  Fuel  That  the  dwelling  House  is  neither  tenantable 
nor  in  such  a  state  as  to  admit  of  being  repaired  That  the  Debts  of 
the  deceased  amount  to  £96.0.21/4  more  than  the  apprized  value  of 
the  Personal  Estate,  and  the  whole  Real  Estate  according  to  Ap- 
praisement does  not  exceed  three  hundred  pounds  That  it  would 
be  greatly  for  the  benefit  of  the  Heirs  that  all  the  Premises  should 
be  disposed  of  for  the  most  they  will  fetch  and  praying  that  they 
may  be  impowered  to  make  sale  of  the  same  accordingly ;  they  to  be 
accountable. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  Josiah  Stone  be  and  he  accordingly  is  hereby 
fully  impowered  in  said  capacity  to  sell  the  whole  of  the  Real  Estate 
in  his  Petition  mentioned  for  the  most  the  same  will  fetch  and  make 
and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof,  he  observ- 
ing the  directions  of  the  Law  for  the  sale  of  Real  Estates  by  Execu- 
tors &  administrators  and  giving  sufficient  security  to  tiie  Judge  of 
Probate  for  the  County  of  Middlesex  that  the  proceeds  of  said  sale 
shall  be  applied  as  followeth  viz'  that  the  said  Persis  the  AVidow 
shall  be  allowed  the  lawful  Interest  annually  of  one  third  part 
thereof  in  lieu  of  Dower  for  her  support  during  her  natural  life 
and  the  remainder  shall  be  applied  for  the  payment  of  the  debts  of 
the  deceased,  and  the  residue  if  any  be  shall  be  paid  to  the  legal 
Heirs  of  the  deceased  as  they  shall  respectively  arrive  at  lawful  age 
to  inherit,  and  that  the  third  reserved  for  the  Widows  use  shall  im- 
mediately after  her  decease  be  paid  the  said  Heirs  or  their  legal  Rep- 


[1st  Sess.]     Province  Laws  (i^esoZws,  ete.).  —  1771-72.  551 

resentatives  in  such  proportion  as  they  could  by  Law  inherit  in  case 
the  said  Lands  had  not  been  sold;  always  provided  that  all  the  Debts 
of  said  deceased  Daniel  Gregory  be  first  discharged.    [PassedJu7ie  19. 


CHAPTER    38. 

RESOLVE  ACCEPTING  REPORT  OF  COMMITTEE  ON  GENERAL  ACCOUNT 
OF  THE  PROVINCE  TREASURER  ENDING  30  MAY,  1771,  AND  DISCHARG- 
ING HIM   OF   £120,308.  17.  3. 

The  Committee  to  whom  was  referred  the  examination  of  ac-  Legislative 
compts  of  Harrison  Gray  Esq'  Treasurer  and  Eeceiver  General  of  councif  xxix" 
his  Majesty's  Kevenues  within  the  Province  of  the  Massachusetts  65. 
Bay  in  New  England  begining  the  30  May  1770  and  ending  the  Legislative 
30  May  1771  having  attended  that  Service  upon  examining  the  colmcif,  xx'ix^, 
same,  find  them  right  cast  and  well  vouched,  by  which  it  appears  f-  Hou^e 
that  the  said  Accomptant  charges  himself  with  the  Sum  of  Sixty  es. 
five  thousand,   two  hundred  and  nineteen  pounds  three  shillings 
and  ten  pence  being  so  much  due  for  Taxes  as  represented  by  his 
last  account,  also  with  the  Sum  of  thirteen  thousand,  seven  hun- 
dred and  nineteen  pounds,  eighteen  shillings  and  two  pence  being 
the  balance  of  his  last  account,  also  with  the  Sum  of  Eighty  eight 
thousand,  one  hundred  and  fifty  eight  pounds  borrowed  of  sundry 
Persons  for  which  gave  notes  payable  in  June  1771,  also  with  the 
Sum  of  Twenty  eight  thousand  two  hundred  and  ninety  four  pounds 
one  shilling  being  a  Tax  laid  on  the  Polls  and  Estates  by  virtue  of 
an  act  of  the  General  Court  at  their  Session  in  October  1770;  also 
with  the  Sum  of  Two  thousand  three  hundred  and  seventy  four 
pounds,  seven  shillings  and  eight  pence  received  of  sundry  persons 
for  Land,  also  with  the  Sum  of  five  hundred  and  two  pounds,  eleven 
shillings  and  one  penny  received  of  the  hon''''=  James  Russell  Esq' 
for  Impost  duties,  also  with  the  Sum  of  Two  hundred  pounds,  re- 
ceived of  Thomas  Fletcher  Collector  of  Excise  in  part  of  his  Bond 
ending  March  1767,  also  with  the  Sum  of  three  pounds  received  of 
Joseph  Hawley  Esq'  for  the  sale  of  Land,  also  with  the  Sum  of  One 
hundred  and  fifty  five  pounds  fifteen  shillings  received  of  Commis- 
sary SheafEe  being  in  part  of  the  profits  arising  from  the  Indian 
Trade,  also  with  the  Sum  of  five  pounds  sixteen  shillings  received 
of  the  late  Commissary  Hubbard  the  balance  of  his  account  also 
with  the  Sum  of  nine  pounds,  nine  shillings  and  four  pence  received 
of  sundry  Justices  for  Fines:    all  which  Sums  amount  to  One  hun- 
dred ninety  eight  thousand,  six  hundred  forty  two  pounds  two  shil- 
lings and  one  penny. 

The  Committee  further  find  that  the  said  Accomptant  discharges 
himself  by  sundry  payments  and  disbursements  by  Order  of  the  Gov- 
ernor and  Council  amounting  to  eleven  thousand  four  hundred  and 
three  pounds,  fifteen  shillings  and  one  penny,  also  by  Government 
Securities  burnt  by  a  Committee  of  both  Houses  amounting  to  One 
hundred  and  seven  thousand  eight  hundred  fifty  five  pounds,  twelve 
shillings  and  eight  pence,  also  by  a  remittance  of  Taxes  laid  upon 
the  Town  of  Chatham  for  1769  by  Order  of  Court  April  3''  1770 
amounting  to  ninety  eight  pounds,  seven  shillings  &  nine  pence; 
also  by  a  remittance  of  Taxes  from  Framingham  by  reason  of  a 
defective  Constable  amounting  to  One  liundred  and  nine  pounds, 


552 


Pbovinoe  Laws  {Resolves,  etc.).  — 1771-72.      [Chap.  39.] 


six  shillings  and  one  penny,  also  by  a  remittance  from  Sherburne 
in  Nantucket  by  means  of  Thomas  Arthur  a  defective  Constable 
amounting  to  Seven  hundred  ninety  six  pounds  fifteen  shillings 
and  one  penny,  also  by  a  remittance  of  Taxes  from  the  District  of 
South  Hadley,  which  is  added  to  the  Tax  of  the  District  of  Granby 
amounting  to  Forty  pounds,  twelve  shillings  and  nine  pence,  also 
by  a  remittance  of  a  Tax  in  jiart,  laid  upon  the  Town  of  Deerfield, 
amounting  to  four  jDOunds,  seven  shillings  and  ten  pence,  also  by 
Taxes  due  from  the  several  Towns  outstanding,  amounting  to  Sixty 
one  thousand  seven  hundred  fifty  three  pounds  thirteen  shillings 
and  five  pence,  also  by  balance  in  hand  further  to  account  for  Six- 
teen thousand  five  hundred  seventy  nine  pounds,  eleven  shillings 
and  five  pence.  All  which  Sums  amount  to  One  hundred  ninety 
eight  thousand  six  hundred  forty  two  pounds,  two  shillings  and 
one  penny. 

Whereupon  the  following  Order  passed  viz' 

Eead  and  accepted  and  thereupon 

Resolved  that  the  Treasurer  be  and  hereby  is  discharged  of  the 
several  payments  in  the  foregoing  account  amounting  to  One  hun- 
dred and  twenty  thousand  three  hundred  and  eight  pounds,  seven- 
teen shillngs  and  three  pence,  and  that  he  be  further  accountable 
for  the  Sum  of  Sixty  one  thousand  seven  hundred  and  fifty  three 
pounds,  thirteen  shillings  and  five  pence  outstanding  Taxes  due 
from  the  several  Towns  when  received  into  the  Treasury,  and  the 
further  Sum  of  Sixteen  thousand  five  hundred  and  seventy  nine 
pounds,  eleven  shillings  and  five  pence  balance  in  hand. 
June  19. 


CHAPTER    39. 


RESOLVE   GRANTING   7,8 


ACRES   OF  EQUIVALENT   LAND   TO    PROPRIE- 
TORS  OF  GROTON. 


Legislative 
Records  of  the 
Council,  xxix., 


Archives, 
cxviii.,  532. 
Maps  and 
Plans,  Mis., 
xviii.,  7;  xtx., 
18;  xxxvii.,2B. 
House  Jour- 
nal, pp. '29, 44. 
Province 
Laws,  xii.,  99, 
chap.  214;  274, 
chap.  32.   Ante, 
p.  43,  chap.  Si; 
p.  484,  chap.  38. 
Post,  p.  605, 
chap.  149. 


On  THE  Petition  of  Josiah  Sartell  and  others  a  Committee  for 
the  Proprietors  of  Groton,  Whereas  it  Appears  to  This  Court  That 
The  Proprietors  afores*  Had  a  Grant  Made  to  Them  by  The  Gen- 
eral Court  in  April  1735  of  Ten  Thousand  Eight  Hundred  Acres 
of  Land  In  Consideration  of  Land  taken  from  S*  Groton  by  Little- 
ton Maj''  Willard  and  Eeads  farms  being  Prior  Grants  and  for  their 
Extraordinary  Suffering  in  the  former  Indian  Warrs  and  in  June 
1736  Said  Grant  was  Confirmed  to  Said  Proprietors  Since  Which 
time  the  Said  Prop''  Have  been  Intirely  Dispossed '  of  Said  Land 
by  the  late  Runing  of  y'^  Line  Between  this  Province  and  New 
Hampshire  and  Whereas  it  Appears  there  has  Been  no  Compensa- 
tion made  to  the  Said  Prop"  of  Groton  for  y*^  Lands  Lost  as  afores'' 
Excepting  Three  thousand  Acres  Granted  in  November  Last  to  James 
Prescott  William  Prescott  &  Oliver  Prescott  for  their  Proportion 
Thereof  Therefor 

Resolved  In  Leiv  thereof  there  be  Granted  to  the  Proprietors  of 
Groton  their  Heirs  and  Assigns  for  Ever  Seven  Thousand  and  Eight 
Hundred  Acres  of  the  unappropriated  Lands  Belonging  to  this  Prov- 
ince in  y^  Western  part  of  y''  Province  to  be  Layed  out  Adjoyning 
to  Some  former  Grant  and  that  they  Return  a  Plan  thereof  Taken 
by  a  Suruayor  and  Chainmen  under  Oath  Into  y^  Secretarys  office 
Within  Twelve  Months  for  Confirmation  &c.     [Passed  June  20. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1771-72.  553 


CHAPTER    40. 

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

The  Treasurer's  account  for  the  County  of  Barnstable  being  Legislative 
laid  before  the  Court  for  allowance,  the  following  Order  passed  coSndi^  xx\x*, 
thereon  viz'  i?^ 

Wliereas  it  appears  upon  examination  of  said  account  that  all  the  House  Jour-^ 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the      '''^'    ' 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  Grant  and 
allow,  therefore 

Resolved  that  the  said  account  be  allowed.     [Passed  Jime  20. 


CHAPTER    41. 

RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF   CUMBER- 
LAND  COUNTY. 

The  Treasurer's  account  for  the  County  of  Cumberland  being  Legislative 
laid  before  the  Court  for  allowance,   the  following  Order  passed  councif  xxix^ 
thereon  viz'  "^^ 

Whereas  it  appears  upon  examination  of  said  account  that  all  the  House  Jour^ 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the  °''  ''^i^'    ■ 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  Grant  and 
allow,  therefore 

Resolved  that  the  said  account  be  allowed.     {^Passed  June  20. 


CHAPTER    42. 

RESOLVE   ALLOWING  THE   ACCOUNT   OF   THE    TREASURER    OF    ESSEX 
COUNTY. 

The  Treasurer's  account  for  the  County  of  Essex  being  laid  Legislative 

Records  of  tl 

before  the  Court  for  allowance  the  following  Order  passed  thereon  council,  xxi 
viz'  "th 


Whereas  it  appears  upon  examination  of  said  account  that  all  the  naTpp''i2"47 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the 
jDeace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  Grant  and 
allow  therefore 

Resolved  that  the  said  account  be  allowed.     \^Passed  June  20. 


554 


Province  Laws  {Resolves,  etc.) .  —  1771-72.     [Chaps.  43-45.] 


CHAPTER    43. 

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

Kecords'olthe       '^^^  TREASURER'S  ACCOUNT  for  the  County  of  Worcester  being 

Council,  xxix.,  laid  before  the  Court  for  allowance,  the  following  Order  passed 

''— thereon  viz' 

naTpp^MT.  Whereas  it  appears  upon  examination  of  said  account  that  all  the 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  grant  and 
allow,  therefore 

Resolved  that  the  said  account  be  allowed.     \^Passed  June  20. 


CHAPTER    44. 

RESOLVE   ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUNTY. 

Refords'of  the       "^^^  TREASURER'S  ACCOUNT  for  the  County  of  Plymouth  being 

Council,  xxix.,  laid  before  the  Court  for  allowance,   the  following  Order  passed 

'-^ thereon  viz' 

nai"p!  12!'"'  Whereas  it  appears  upon  examination  of  said  account  that  all  the 

monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  grant  and 
allow,  therefore 

Resolved  that  the  said  account  be  allowed.'     \^Passed  June  20. 


CHAPTER    45. 

RESOLVE  IMPOWERING  HANNAH  BURTON,  ADMINISTRATRIX,  •  AND 
HENRY  BURTON  TO  SELL  LAND  AND  MAKING  PROVISION  IN  RE- 
GARD  TO  THE   PROCEEDS. 


LeglBlatlve 
Records  of  the 
Council,  xxix., 
73. 

House  Jour- 
nal, pp.54, 65, 
73,  82  his,  87. 
Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Hannah  Burton  administratrix  of  the  Estate  of 
Stephen  Burton  late  of  Preston  in  the  County  of  New  London  and 
Colony  of  Connecticut  deceased  Setting  forth,  That  the  debts  due 
from  the  Estate  of  the  said  deceased,  including  an  allowance  of 
necessaries  to  the  Widow  charge  of  administration,  and  also  an 
allowance  for  bringing  up  two  Infant  Children,  surmount  the  per- 
sonal Estate  the  Sum  of  £121.17.11  That  the  greater  part  of  the 
said  deceaseds  Real  Estate  lies  in  Worthington  in  this  Province  and 
as  the  Real  Estate  in  Connecticut  is  but  small  and  cannot  be  sold 
without  breaking  up  the  Family  and  exposing  them  to  hardships, 
Praying  that  she,  together  with  Henry  Burton  of  said  Preston,  may 
be  impowered  to  make  sale  of  the  Real  Estate  in  Worthington  afore- 
said in  order  to  raise  the  said  Sum  of  £121.17.11. 

[Read  and] 

*  The  final  action  on  this  chapter  not  found  in  the  House  Journal. 


[1st  Sess.]     Pbovince  Laws  (Resolves,  etc.).  — 1771-72.  555 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  together  with  the  said  Henry  Burton  be  and  they 
accordingly  are  hereby  fully  impowered  to  make  sale  of  the  Land 
lying  in  the  Township  of  Worthington  for  the  most  the  same  will 
fetch  and  make  and  execute  a  good  and  sufficient  Deed  or  Deeds 
thereof,  they  observing  the  rules  and  directions  of  the  Law  for  the 
sale  of  Eeal  Estates  by  Executors  and  administrators  and  giving 
security  to  the  Judge  of  Probate  for  the  County  of  New  London 
and  Colony  of  Connecticut  that  the  proceeds  of  said  sale  shall  be 
applied  for  the  payment  of  the  debts  of  the  said  Stephen  Burton 
deceased  and  what  shall  remain,  if  any  be,  over  and  above  what  may 
be  sufficient  for  payment  of  said  deceaseds  debts  and  charges  of  sale, 
to  be  put  to  Interest  for  the  benefit  of  said  deceaseds  Heirs.  [Passed 
June  20. 


CHAPTBK    46. 

ORDER   ACCEPTING   REPORT   OF   COMMITTEE   APPOINTED    TO    APPRAISE 
LAND    GRANTED   TO   THE    HON.    TIMOTHY   RUGGLES,  ESQ^ 

The  Committee  appointed  the  36"'  day  of  April  last  to  apprize  Legislative 
Two  thousand  four  hundred  and  fifty  acres  of  Land  granted  to  the  5oXlf,xx\x!, 
hon^''"  Timothy  Ruggles  Esq'',  made  the  following  Eeport  viz'  'u. 

The  Committee  named  in  the  foregoing  Order  having  been  together  House  Jour- 
upou  the  unappropriated  Land  contained  in  the  foregoing  plan  and  (Aprii,^77i) ; 
since  their  appointment  carefully  viewed  the  same,  do  this  day  ap-  ^^,■^''''^520 
prize  the  said  unappropriated  Land  at  two  shillings  lawful  money  chap',  lis." ' 
by  the  acre,  the  said  Land  amounting  at  that  rate  to  the  Sum  of 
Two  hundred  and  forty  five  pounds. 

Joseph  Hawlet, 
May  10.  1771  Charles  Goodrich, 

Isaac  Searl 

Upon  which  the  following  Order  passed  viz' 

Eead  and  accepted  and 

Ordered  that  this  Report  be  lodged  in  the  Secretarys  office,  and 
the  Treasurer  be  and  hereby  is  directed  to  take  sufficient  security 
of  Timothy  Ruggles  Esq''  for  the  payment  of  the  Sum  of  Two  hun- 
dred and  forty  five  pounds  in  twelve  months  from  this  date.  [Passed 
June  21. 


CHAPTEE    47. 

ORDER   ALLOWING   £7.  17.  11    TO    THE    COM^'"    FOR    APPRAISING    LAND 
GRANTED   TO   THE    HON.    TIM"  RUGGLES,  ESQ". 

The  Committee  appointed  to  apprize  the  Land-  granted  to  the  Legislative 
hon'''^  Timothy  Ruggles  Esq"  laid  before  the  Court  an  account  of  counc'if,xx\x^, 

their  time  and  Expence  in  performing  that  Service,  amounting  in  '^^ 

the  whole  to  the  Sum  of  £7.17.11;  whereupon  the  following  Order  House  Jour- 
passed  viz'  (April, mi); 

The  foregoing  account  read  and  allowed  and  thereupon  v^i^^  4^"^™' 

Ordered  that  there  be  paid  out  of  the  Province  Treasury  to  the 
said  Hawley,  Goodrich  and  Searl  respectively  the  several  Sums 
charged  in  the  said  account  as  due  to  them  for  their  Service 
therein  mentioned.      [Passed  June  21. 


556 


Provtnce  Laws  {Resolves,  etc.).  — 1771-72.     [Chaps.  48,  49.] 


CHAPTBK    48, 


RESOLVE  IMPOWERING  EBEN=  MASON  TO   JOIN   WITH   OTHERS  IN   THE 
EXECUTION   OF   A  DEED. 


Legislative 
Records  of  the 
Council,  xxix., 


Legislative 
Records  of  the 
Council, 
xxTiii.,  339. 
House  .Jour- 
nal, pp.  14-2, 189 
(April,  1770) ; 
pp.  40,  46. 


A  Petition  of  Ebenezer  Mason  of  New  Glocester  in  the  County 
of  Cumberland,  [to  eseeute  a  deed] 

It  appearing  to  the  Court  that  the  facts  set  forth  in  the  Petition 
of  Ebenezer  Mason  are  true,  therefore 

Resolved  tliat  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  and  he  accordingly  is  hereby  impowered  to  join  with  the 
said  Peleg  Chandler  and  his  Wife  in  executing  a  Deed  of  the  whole 
of  said  Land  in  his  Petition  mentioned  to  the  said  Edmund  Chandler 
and  his  Son  Enos  Chandler  which  shall  be  as  good  and  valid  for  the 
conveyance  of  that  part  of  said  Estate  which  did  belong  to  the  late 
Wife  of  the  said  Petitioner,  and  the  said  Edmund  Chandler  and  his 
Son  Enos  Chandler  their  Heirs  and  assigns  shall  hold  the  same  in 
as  full  and  ample  a  manner  as  if  the  said  Petitioners  Wife  had  joined 
in  the  execution  of  a  Deed  thereof  in  her  life  time.    {^Passed  June  21. 


CHAPTEE    49, 


RESOLVE    IMPOWERING    A     COMMITTEE     TO     PURCHASE     THATCHER'S 
ISLAND  AND   ERECT  A  LIGHT  HOUSE   OR  LIGHT   HOUSES   THEREON. 


Legislative 
Records  of  the 
Council,  xxix.. 


Legislative 
Becords  of  the 
Council,  xxix., 
28,32.    House 
Journal,  pp.  29, 
38,  68,  69,  73. 
Province 
Laws,  v.,  137, 
chap.  35;  150, 
notes.    Antet 
p.  517,  chap. 
111. 


The  Committee  appointed  to  ascertain  the  price  of  Thachers 
Island  &c  have  attended  that  service  upon  the  Island  and  find  it 
to  contain  about  eighty  acres  of  excellent  Land  and  abounding 
with  fine  square  Stone  for  building.  The  present  owners  are  averse 
to  letting  it  for  the  purpose  of  building  a  Light  house  upon,  and 
the  price  they  ask  for  it  is  £500  as  by  their  written  proposals  here- 
with exhibited  will  appear,  all  which  is  submitted 

John  Erting  ^  order 
In  the  House  of  Representatives. 

[Read  and] 

ResoWd  that  Nathaniel  Allen  Richard  Reed  &  Richard  Derby 
Esq",  with  such  as  the  Honourable  Board  shall  Joiue,  be  a  Com- 
mittee to  purchase  an  Island  called  Thatchers  Island,  for  the  use 
of  the  i^rovince  on  the  best  terms  they  can,  in  order  to  erect  a  light- 
house or  Lighthouses  thereon,  provided  the  price  does  not  exceed 
five  hundred  pounds,  and  that  they  imediately  proceed  to  erect  s'^ 
lighthous  or  Lighthouses,  ou  s*  Island,  agreable  to  an  act  passed 
the  last  sessions  of  the  generall  Court,  and  likewise  provide  a  con- 
venient House  for  the  keeper  of  the  lights,  and  report  their  pro- 
ceedings to  the  General  Assembly 

In  Council  Read  &  Concurred  and  John  Erving  &  Thomas 
Saunders  Esq"  are  joined  in  the  AfEair.     \^Passed  June  22. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  557 


CHAPTER    50. 

RESOLVE    IMPOWERING    ELIZ'^   SPAULDING,  ADM'=,  TO    SELL    LAND    AND 
MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Elizabeth  Spaulding  administratrix  of  the  Estate  Legislative 
of  Jeremiah  Spaulding  late  of  Chesterfield  deceased     Praying  that  councif,  xx'ix^, 

she  may  be  impowered  to  make  sale  of  an  hundred  acre  lot  of  Land  '"■  "'■*• 

in  said  Chesterfield  to  enable  her  to  pay  the  said  deceaseds  I'ust  debts.  Legislative 

Ti      J         1  ill  Records  o(  the 

Kead  and  accejJted  and  Council, 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted  and  House 'jcmr. 
that  the  Petitioner  be  and  she  hereby  is  fully  impowered  to  make  nai,pp.68,74, 
sale  of  one  of  the  hundred  acre  Lots  in  her  Petition  mentioned  for  Laws.ll^si; 
the  most  the  same  will  fetch,  and  make  and  execute  a  good  and  ''^^P-io- 
sufficient  Deed  or  Deeds  thereof,  she  observing  the  rules  and  direc- 
tions of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  ad- 
ministrators and  giving  siifficient  security  to  the  Judge  of  Probate 
for  the  County  of  Hampshire  that  she  will  apply  the  proceeds  first 
for  the  payment  of  the  debts  in  her  Petition  mentioned  which  remain 
unpaid,  and  the  residue,  if  any  be,  to  be  paid  to  the  Heirs  of  the 
said  Jeremiah  Spaulding  deceased  in  such  proportions  as  they  would 
have  inherited  by  Law  in  case  said  Land  had  not  been  sold.     \^Passed 
June  22. 


CHAPTER    51. 

RESOLVE    IMPOWERING    HANNAH    LAWRENCE,  INDIAN,  TO    SELL   LAND 
AND   MAKING  PROVISION   IN   REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Hannah  Lawrence  of  Grafton  in  the  County  of  Legislative 
Worcester  one  of   the  Hassanamisco    Tribe    of    Indians      Setting  councif.xxix., 

forth     That  in   the  division  of  the  Estate   of  her  Father   Peter  ??: 

Lawrence  deceased  there  was  set  off  unto  her  about  eighteen  acres  ^""^^  "'5°"eo 
of  Land  in  Grafton  aforesaid  lying  in  three  pieces  with  very  small  74,  is.   pVov- 
Improvements  thereon;  the  Income  whereof  is  insufficient  for  her  L°tu., '^^ chap, 
support  That  she  has  been,  and  is,  very  Sickly  and  weakly  and  is  in  i"*- 
debt  for  Doctoring.  And  praying  that  she  may  be  impowered,  under 
the  direction  of  the  Guardians  of  the  Tribe  aforesaid,  to  make  sale 
of  her  said  Real  Estate;  the  proceeds  arising  thereby,  after  the  jiay- 
ment  of  her  just  debts,  to  be  put  out  on  Interest  for  her  future 
support. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  fully  impow- 
ered to  make  sale  of  the  Land  in  her  Petition  mentioned,  under  the 
direction  of  the  Guardians  of  the  Hassanamisco  Tribe  of  Indians, 
and  she  is  accordingly  hereby  impowered  to  make  and  execute  a 
good  and  sufficient  Deed  or  deeds  of  the  same  and  the  said  Guar- 
dians are  hereby  impowered  to  pay  her  just  debts  out  of  the  pro- 
ceeds thereof,  and  put  out  the  remainder  on  Interest  for  her  future 
support,  except  so  much  of  the  princiiDal  as  may  be  necessary  to  be 
expended  for  her  present  relief.     \_Passed  June  24. 


558 


Province  Laws  {Resolves,  etc.).  — 1771-72.     [Chaps.  52,  53.] 


Legislative 
Records  of  the 
Council,  xxlx., 
83.    Mass. 
Archives, 
cxviii.,  427. 

Mass. 
Archives, 
cxviii.,  425. 
House  Jour- 
nal, p.  138 
(17B9-70) ; 
pp.  61,  72,  7S, 
79. 


CHAPTEE    52. 

KESOLVE  GRANTING  1,095  ACRES  OF  LAND  TO  THE   HEIRS  AND   ASSIGNS 
OF   JOSEPH   TREE. 

A  Petition  of  Beriah  Tree  of  Springfield  sole  Heir  of  Joseph 
Tree  late  of  Attleborough  deceased  Setting  forth  That  in  the 
year  1738  there  was  granted  by  the  General  Court  unto  the  said 
Joseph  Tree  for  himself  and  two  Brethren  that  died  in  the  Expedi- 
tion to  Canada  in  the  year  1690  under  Sir  William  Phips  three  Rights 
of  Land,  but  the  same  were  never  laid  out  That  the  Petitioner 
by  unavoidable  providences  has  been  prevented  pursuing  his  claim 
thereto  having  lived  in  Connecticut  for  many  years  and  praying 
that  he  may  have  a  Grant  of  Lands,  that  so  he  may  enjoy  the  benefit 
intended  by  the  Court  in  the  Grant  abovementioned. 

[Eead  and] 

Resolved  that  there  be  Granted  unto  the  Heirs  and  Assings  of 
Joseph  Tree,  One  Thousand  and  ninety  five  Acres  of  the  Unappro- 
priated Lands  belonging  to  this  province,  to  be  laid  out  in  the  west- 
erly part  thereof,  adjoyniug  to  some  former  Grant,  and  that  they 
Return  a  plan  of  the  Same  (taken  by  a  Surveyor  and  Chainmen 
under  Oath)  to  this  Court  within  Twelve  months  for  Confirmation. 
[Passed  June  24. 


CHAPTEE    53. 


RESOLVE    APPOINTING    A    COMMITrEE    TO    SELL    CERTAIN    PROVINCE 
LANDS   ON   THE  NORTH  SIDE  OF  PRINCETON. 


House  Jour- 
nal, pp.  54,  75. 


Legislative  A  PETITION  of  John  Bowcn  of  Prince  Town  in  the  County  of 

Coiinc'itxx'ix';,  Worcester  Setting  forth     That  there  is  a  Tract  of  unappropriated 

?i Province  Land  lying  on  the  North  side  of  Prince  Town,  whicli  he 

is  desirous  of  purchasing  containing  Eighty  acres  or  more.   And 
praying  that  this  Court  would  give  Orders  for  the  sale  thereof. 
In  the  House  of  Representatives 
[Read  and] 

Resolved  that  Cap'  Whitcomb  and  M'  Dennie  with  such  as  the 
hon''''*  Board  shall  join  be  a  Committee  to  sell  the  Tract  of  Land  in 
said  Petition  mentioned.  Eleven  acres  thereof  which  was  originally 
included  in  Kneelands  Farm  to  be  prized  for  what  it  is  worth  with- 
out Improvements,  John  Frost  who  is  living  on  said  Eleven  acres 
to  have  the  privilege  of  purchasing  it  at  what  it  shall  be  prized  at, 
and  upon  his  refusing  to  purchase,  then  the  said  Committee  is  to 
sell  the  eleven  acres,  and  the  remaining  part  of  the  Tract  of  Land 
set  forth  in  the  Petition,  at  Public  auction  at  Princetown  and  give 
three  months  notice  by  posting  up  the  said  sale  in  Princetown  and 
Westminster,  and  to  notify  the  same  in  the  Massachusetts  Gazette 
three  Weeks  before  the  said  sale,  and  when  the  said  Committee 
have  sold  the  same  to  the  highest  bidder  that  they  take  Earnest 
for  said  purchase  according  to  their  discretion  and  good  security 
to  the  Province  Treasurer  on  Interest  payable  in  one  year  for  the 
residue,  first  causing  a  Plan  to  be  taken  of  the  same  by  a  Surveyor 
and  Chainmen  under  Oath  and  lodge  the  same  in  the  Secretarys 
ofiice,  and  when  they  have  taken  security  as  aforesaid,  that  they 


[1st  Sess.]     Province  LtAyfS,  {Resolves,  etc.).  — 1771-72.  559 

give  a  Deed  or  deeds  thereof  to  the  purchaser  or  purchasers  which 
shall  be  good  aud  valid  to  the  holding  of  said  Land  to  the  purchaser 
or  purchasers  their  Heirs  and  assigns  forever. 

In  Council,  Eead  and  Concurred  and  Artemas  AVard  Esq'  is  joined. 
{^Passed  Jime  25. 


CHAPTER    54. 

RESOLVE  IMPOWERING  NOAH  CLAP,  GUARDIAN,  TO  SELL  REAL  ESTATE 
ANB  MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Noah  Clap  Guardian  of  four  of  the  Children  of  Legislative 
Benjamin  Everenden  late  of  Dorchester  in  the  County  of  Suffolk  couQcif,  xxLx!, 
Clothier  deceased     Setting  forth     That  two  of  said  Children  viz' 


John  and  Benjamin  are  young  and  not  yet  put  out,  the  former  but  House  Jour- 
a  little  more  than  six  years  old  and  the  latter  in  his  fifth  year  That  76. '  Province 
the  Income  of  their  part  of  their  Fathers  Estate  is  not  near  sufficient  ch^jj^io."  ^^^' 
for  their  support.  That  there  is  a  Tract  of  Woodland  in  Stoughton 
of  about  Sixty  or  seventy  acres  which  lies  in  common  and  brings  in 
nothing,  and  also  a  few  Rods  of  Land  in  Dorchester  near  Nepouset 
River  upon  the  Country  Road  lying  in  common  which  may  serve 
to  build  an  House  upon,  both  of  them  belonging  to  the  said  Chil- 
dren and  praying  that  he  may  be  impowered  to  make  sale  of  the 
Lands  aforesaid ;  the  proceeds  whereof  to  be  applied  for  the  support 
of  the  two  young  Children  aforesaid  until  they  shall  be  fit  to  put 
out,  and  for  the  benefit  of  the  two  eldest  of  said  Children. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  be  aud  he  accordingly  is  hereby  fully  impow- 
ered to  make  sale  of  the  small  piece  of  Land  lying  in  Dorchester  in 
his  Petition  mentioned  for  the  most  the  same  will  fetch  and  make 
and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof  provided 
he  observe  the  rules  of  the  Law  relative  to  the  sale  of  Real  Estates 
by  Executors  and  administrators  and  give  security  to  the  Judge  of 
Probate  for  the  County  of  Suffolk  tliat  he  will  apply  the  proceeds 
of  said  sale  for  tlie  benefit  of  the  Children  in  his  Petition  mentioned 
in  such  manner  as  the  said  Judge  of  Probate  shall  direct  and  duly 
account  for  the  same.      [Passed  June  26. 


CHAPTER    55. 

RESOLVE  IMPOWERING  JEREM"  REAL,  ADMINISTRATOR,  TO   SELL  REAL 
ESTATE   AND   MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Jeremiah  Beal  administrator  of  the  Estate  of  De-  Legislative 
pendence  French  late  of  Bridgewater  deceased    Setting  forth    That  councif  xx^x^ 
the  said  deceased  on  his  death  Bed  desired  that  his  two  small  pieces  ss. 
of  Land,  one  containing  thirteen  acres  and  an  half  and  the  other  House  Jour- 
four  acres  and  an  half,  together  with  a  quarter  part  of  a  Saw  Mill  provincef'™' 
called  Curtis's  Saw  Mill  might  be  sold  for  the  payment  of  his  debts:  \*^™',o''  ^''^' 
and  praying  that  he  may  be  impowered  to  make  sale  thereof  for  that 
purpose;  and  if  the  same  should  sell  for  more  than  sufficient  to  pay 
the  said  debts,  that  the  remainder  be  secured  for  the  benefit  of  the 
daughter  of  the  said  deceased. 


560  Province  Laws  (iJesoZves.ete.').  — 1771-72.     [Chap.  56.] 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  sell  the  two  pieces  of  Land  and  the  quarter  part  of  the  Saw  Mill 
in  his  Petition  mentioned  for  the  most  the  same  will  fetch,  and  make 
and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof,  he  observ- 
ing the  rules  and  directions  of  the  Law  for  the  sale  of  Eeal  Estates 
by  Executors  and  administrators  and  giving  sutficient  security  to 
the  Judge  of  Probate  for  the  County  of  Plymouth  that  he  will  apply 
the  proceeds  of  said  sale  for  the  payment  of  the  debts  of  the  said 
deceased,  and  the  overplus,  if  any  be,  to  be  put  to  Interest  for  the 
benefit  of  the  Heir.      ^Passed  June  26. 


CHAPTEE    56. 

RESOLVE  IMPOWERING  DANIEL  WOODWARD  AND  EPHRAIM  JACKSON, 
GUARDIANS,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  RE- 
GARD  TO    THE   PROCEEDS. 

Legislative  A  PETITION  of  Mary  Bray,  Daniel  Woodward  and  Ephraim  Jack- 

Councif,  xxix!,  son  Setting  forth     That  the  said  Mary  some  time  si7ice  made  sale 

??: of  more  than  one  half  of  the  Real  Estate  of  her  late  Husband  Wil- 

nai"')'')'42"79  ^T^3,m  Brown  of  Natick  deceased  to  M"'  Elijah  Bacon,  by  order  of  the 
so. '  Province  Superior  Court,  for  the  payment  of  said  deceaseds  debts.  That  since 
cifap^io.'' ^^^'  the  sale  there  has  been  further  Claims  brought  in  against  said  Estate 
to  the  amount  of  forty  pounds  lawful  money,  for  discharging  which, 
there  must  be  a  considerable  part  of  the  remainder  of  said  Estate 
sold  That  it  would  be  a  great  advantage  to  the  Heirs  to  have  the 
whole  sold  together;  and  as  the  said  Bacon  is  willing  for  the  benefit 
of  the  Heirs  to  relinquish  that  part  of  the  Estate  which  he  j)ur- 
chased,  upon  his  being  refunded  the  purchase  consideration  with 
the  Interest  and  intervening  charges;  Praying  that  the  said  Daniel 
Woodward  and  Ephraim  Jackson  Guardians  to  the  Children  of  the 
deceased  may  be  impowered  to  make  sale  of  the  whole  of  s"*  Estate ; 
the  proceeds  where  of  after  payment  of  the  debts  and  Legacies,  and 
purchase  consideration  aforesaid,  to  be  disposed  of  agreable  to  tiie 
last  Will  and  Testament  of  the  said  deceased. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  aforesaid  Petitioners  Daniel  Woodward,  and  Ephraim  Jack- 
son in  their  caj)acity  aforementioned  be  and  hereby  are  impowered 
to  make  sale  of  the  whole  of  the  aforesaid  Testators  Eeal  Estate, 
provided  the  abovenamed  Elijah  Bacon  gives  up  all  his  right  and 
Claim  to  the  same,  for  the  most  the  same  will  fetch,  and  to  make 
and  execute  a  good  Deed  or  Deeds  of  conveyance  in  the  Law  of  the 
same  to  the  purchaser  or  purchasers,  they  observing  the  directions 
of  the  Law  relating  to  Executors  and  administrators  for  the  sale  of 
Real  Estates,  and  to  give  caution  to  the  Judge  of  the  Probate  for 
the  County  of  Middlesex  that  so  much  of  the  proceeds  of  sale  be 
applied  in  refunding  to  the  said  Elijah  Bacon  the  Sum  he  paid  for 
part  of  said  premises  with  the  Interest  and  necessary  charges  rela- 
tive to  the  same  and  the  six  first  mentioned  Legacies  in  the  said 
deceaseds  last  Will  and  Testament,  and  all  the  said  deceaseds  just 
debts,  and  the  remainder  of  the  proceeds  be  put  to  Interest,  and 
the  Interest  thereof  to  be  paid  yearly  to  the  said  Mary  during  her 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  561 

natural  life,  and  at  her  decease  to  be  divided  among  the  Heirs  of  the 
said  deceased  as  would  have  possessed  said  Keal  Estate  at  her  decease, 
if  it  had  not  been  sold,  agreable  to  the  Will  aforesaid.  [^Passed 
June  26. 


CHAPTEE    57. 

RESOLVE   ALLOWING   THE    ACCOUNT    OF   THE   TREASURER   OF   SUFFOLK 
COUNTY. 

The  ACCOUNT  of  Joshua  Henshaw  Esq'  Treasurer  of  the  County  Legislative 
of  Suffolk  being  laid  before  the  Court  for  allowance,  the  following  ooSnc'if.  xx^l 
Order  passed  thereon  viz'  ^^ 

Whereas  it  appears  upon  examination  of  said  account  that  all  the  House  Jour- 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the  °*'PP"    • 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  grant  and 
allow;  therefore 

Resolved  that  the  said  account  be  allowed.     ^Passed  June  26. 


CHAPTEE    58. 

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

The  ACCOUNT  of  James  Kussell  Esq'  Treasurer  of  the  County  of  K^fords'Juhe 
Middlesex  being  laid  before  the  Court  for  allowance,  the  following  council,  xxix., 
Order  passed  thereon  viz'  '^^ 

Whereas  it  appears  upon  examination  of  said  account  that  all  the  ^a°i"pp.'\3"7i 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the  ^'i- ' 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  grant  and 
allow;  therefore 

Resolved  that  the  said  account  be  allowed.      [Passed  June  26. 


CHAPTEE    59. 

RESOLVE    CONFIRMING    A   GRANT  OF  4,400  ACRES  OF  EQUIVALENT  LAND 
TO   JAMES   PRESCOTT,  ESQ^  AND   OTHERS. 

The  Plans  of  two  pieces  of  Land  containing,  both  together,  LeKisiative 
Four  thousand  four  hundred  acres,  lying  in  the  County  of  Berk-  J^ouncif  xxi 
shire,  laid  out  by  Jacob  Brown  Surveyor,  and  Chainmen  on  Oath  ^ 


to  satisfy  the  Grant  made  by  this  Court  to  James  Prescot  Esq'  and  Legislative 
others  the  14""  day  of  November  last,  were  presented  for  allowance;  comdf, xxvi.! 
one  piece  contains  4,130  acres  and  is  bounded  as  follows  viz'  begin-  X^-  House 

J        1  11  1  1   oj  1  ■    1     •      ,1       r,         1  ^      »  Jourual,  pp.66, 

mg  at  a  hemlock  pole  and  Stones  which  is  the  Southeast  corner  of  73,74.  Ante, 
llartwood  and  stands  in  the  north  line  of  Becket,  tlien  runing  East  p- ^s^- •""'p- ^f*- 
2  D'  north  in  said  Becket  line  640  Rods  to  a  stake  and  stones  which 
is  the  Southwest  corner  of  Worthington,  then  runing  north  30  D' 
East  in  said  West  line  570  Rods  to  a  hard  maple  tree  and  Stones 
laid  round  it  which  is  the  Southeast  corner  of  Township  N°  2,  then 


562 


Province  Laws  {Resolves, etc.).  — 111\-12.     [Chap.  60.] 


Tuning  West  21  D^  north  2,032  Rods  in  tlie  South  line  of  said  N"  2 
to  a  Beach  tree  and  Stones  laid  round  it  which  is  the  Soutwest  corner 
of  said  N"  2,  then  runing  north  21  D^  East  in  the  West  line  of  said 
N°  2  400  Eods  to  a  hard  maple  tree  and  Stones  laid  round  it  which 
is  the  Southeast  corner  of  Ashewillet  Equivalent,  then  runing  West 
6  D^  north  in  the  South  line  of  said  Equivalent  318  Eods  to  a  Beach 
tree  and  Stones  laid  round  it  which  is  the  northeast  corner  of  a 
Grant  of  Land  called  Col°  Jones's  Grant,  then  runing  South  6  D' 
West  317  Rods  in  the  East  line  of  said  Grant  to  a  Stake  and  Stones 
standing  in  the  north  line  of  a  Grant  called  Asa  Hill's  Grant,  then 
runing  East  21  D"  South  in  the  north  line  of  said  Hill's  Grant  34 
Rods  to  a  black  Spruce  tree  which  is  the  northeast  corner  of  said 
Hill's  Grant,  then  runing  South  6  D'  West  in  the  East  line  of  said 
Hill's  Grant  118  Rods  to  a  Stake  which  is  the  Southeast  corner  of 
said  Hill's  Grant  and  stands  in  the  north  line  of  said  Hartwood, 
then  runing  East  20  D"  South  in  said  Hartwood  north  line  1,660 
Eods  to  the  first  bounds;  the  other  piece  contains  270  acres  lyes 
West  of  the  first  as  will  appear  by  the  Plan;  the  first  bounds  is  a 
Stake  and  Stones  the  Southwest  corner  of  the  abovesaid  Hill's  Grant 
and  stands  in  the  north  line  of  the  abovesaid  Hartwood,  and  from 
thence  runing  north  20  D"  East  62  Rods  in  the  West  line  of  said 
Hill's  Grant  to  a  beach  tree  and  Stones  laid  round  it  which  is  the 
northwest  corner  of  said  Hill's  Grant,  then  runing  East  20  D^  South 
in  the  north  line  of  said  Hill's  Grant  90  Rods  to  a  stake  and  stones 
standing  in  the  West  line  of  the  abovesaid  Jones's  Grant,  then  run- 
ing north  8  D''  East  in  the  AVest  line  of  said  Jones's  Grant  126  rods 
to  a  Beach  pole  and  Stones  laid  round  it,  then  runing  West  20  D^ 
north  251  rods  to  a  birch  tree  and  Stones  laid  round  it  bounding 
north  on  Province  Land,  then  runing  South  20  D^  West  182  rods 
to  a  stake  and  Stones  standing  in  the  north  line  of  said  Hartwood 
bounding  West  on  Province  Land,  then  runing  East  20  D^  South  in 
said  Hartwood  line  to  the  first  bounds. 

Upon  which  the  following  Order  passed  viz' 

Resolred  that  both  of  the  above  Plans,  one  containing  four  thou- 
sand one  hundred  and  thirty  acres,  the  other  containing  two  hun- 
dred and  seventy  acres  delineated  and  described  as  it  is  set  forth 
by  the  Surveyor  in  the  description  thereof  hereunto  annexed,  be 
accepted  and  hereby  is  confirmed  to  James  Prescot  Esq''  and  others 
named  in  their  Petition  and  to  their  Heirs  and  assigns  in  lieu  of  and 
in  full  satisfaction  for  four  thousand  and  four  hundred  acres  of  Land 
lost  by  the  late  runing  of  tlie  Line  between  this  Province  and  New- 
hampshire  as  mentioned  in  a  Grant  made  by  both  Houses  of  the 
assembly  AD  1765  but  not  consented  to  by  the  Governor;  provided 
both  of  said  pilans  together  do  not  exceed  the  quantity  of  four  thou- 
sand &  four  hundred  acres  nor  interfere  with  any  former  Grant. 
[Passed  June  26. 


CHAPTER    60. 

RESOLVE   REMITTING    TO    THE    TOWN    OF    UPTON    £5    FINE    FOR    NOT 
SENDING   A   REPRESENTATIVE. 


Legislative  A  PETITION  of  the  Selectmen  of  the  Town  of  Upton     Setting 

Councu.xxix!,  forth  That  the  said  Town  was  fined  in  the  Sum  of  Five  pounds  for 
ArcWvffs^,'  Jiot  sending  a  Representative  to  Court  the  last  year  and  as  the  said 
cxviii.,  5-k.        Town  was,  the  last  year,  at  great  expence  in  building  a  Meeting 


[1st  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1771-72.  563 

liouse,  and  have  a  jirospect  of  further  expence  in  purchasing  Koads  Mass. 

to  the  said  House,  Praying  that  the  said  Fine  may  be  remitted,  &  ^xvii'L.lfuT, 526. 

the  Town  excused  from  sending  a  Representative  for  tlie  present.      House  Jour. 

b  I  1  nal,  p.  25. 

liead  &  Province 

Resolved  that  the  Prayer  of  the  Petition  be  so  far  granted  as  that  Jbap^vl'ua"' 
the  Sum  of  five  pounds  be  allowd  &  paid  out  of  the  publick  Treas-  ""'«• 
ury  into  the  Hands  of  M'  Edw"*  Ravpson  for  the  use  of  said  Town  of 
Upton  accordingly.     \_Passed  June  '28. 


CHAPTEK    61. 

ORDER   IMPOWERING   THE   GUARDIANS   OF    HASSANIMISCO    INDIANS    TO 
DISCHARGE   THE   DEBTS   OF   ESTHER   FREEBORN,  INDIAN. 

The  Committee  appointed  to  examine  the  accounts  of  the  Guar-  Legieiatsve 
dians  of  Indians  through  the  Province,  have  examined  the  account  cmincif  xxix*^ 
of  the  Guardians  of  the  Hassanamisco  Tribe,  relative  to  the  sale  of  as.   Mass. 
Esther  Freeborns  riglit  in  her  Father  Peter  Lawrence  dec*  Estate,  xxxuiTfeas. 
which  was  sold  by  order  of  this  Court  under  the  direction  of  said  iiouse  Jour- 
Guardians  and  the  proceeds  of  said  sale  ordered  to  be  apjjlied  to  Da'.pp-eo.ss. 
discharging  of  a  certain  mortgage.  We  find  the  said  account  right  L.aws,  xvii., 
cast  and  well  vouched,  that  there  remains  in  said  Guardians  hands  'Ante^^fi^^^' 
the  Sum  of  thirty  four  shillings  and  three  jience,  and  it  ajDpearing  •^'"■''p-  ^''i- 
said  Esther  owes  that  Sum  to  sundry  Persons,  therefore  the  said 
Guardians  are  hereby  ordered  to  apply  said  thirty  four  shillings  and 
three  pence  to  discharge  the  said  Esthers  Debts  aforesaid. 

Read  &  accepted  & 

Orderd  that  the  said  Guardians  apply  the  said  thirty  four  shil- 
lings &  three  pence  for  the  payment  of  said  Debts  accordingly. 
\^Passed  Jime  28. 


CHAPTEE    62. 

RESOLVE  IMPOWERING  BETHIAH  RICHMOND,  ADMIN'',  AND  JONATHAN 
INGELL,  GUARDIAN,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION 
IN   REGARD  TO   THE   PROCEEDS. 

A  Petition  of  Bethiah  Richmond  administratrix  of  the  Estate  Legislative 
of  Elkanah  Richmond  late  of  Taunton  deceased  Intestate,  and  of  coSncIf  xx'ix" 
Jonathan  Ingell  Guardian  of  Elkanah  Richmond  aged  about  twelve  bu. 
months  the  only  Child  of  the  deceased     Setting  forth.  That  the  House  Jour- 
said  deceaseds  Personal  Estate  is  not  sufficient  to  pay  his  debts  by  province"'  *'' 
the  Sum  of  £l(r2.1b.Q\i     That  the  said  Intestate  not  long  before  ^;\'7'ij;-' ^^'• 
his  death  purchased  about  five  acres  of  Laud  and  began  to  erect  a  "  "''' 
dwelling  House  thereon  but  died  before  the  same  was  finished    That 
part  of  the  Real  Estate  must  be  sold  to  discharge  the  said  debts; 
and  as  the  said  Intestate,  on  his  death  Bed,  desired  that  the  said 
unfinished  House  and  five  acres  of  Land  might  be  sold,  Praying 
that  they  may  be  impowered  to  make  sale  thereof  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  im- 
powered to  make  sale  of  all  the  Real  Estate  in  their  Petition  men- 


564 


Province  Laws  {Resolves,  etc.).  — 1771—72.     [Chap.  (53.] 


tioned  for  the  most  the  same  will  fetch  and  make  and  execute  a 
good  and  sufiicient  Deed  or  Deeds  thereof,  they  observing  the  rules 
and  directions  of  the  Law  for  the  sale  of  Real  Estates  by  Executors 
and  administrators  and  giving  sufficient  security  to  the  Judge  of 
Probate  for  the  County  of  Bristol  that  the  proceeds  of  said  sale  be 
applied  as  follows  viz'  the  lawful  Interest  of  one  third  be  allowed 
the  Widow  for  her  support  instead  of  her  dower,  during  her  natural 
life,  and  the  other  two  thirds  be  applied  for  the  payment  of  the 
debts  of  the  deceased,  and  the  overplus  be  put  to  Interest  for  the 
benefit  of  the  Heir,  and  the  third  reserved  for  the  Widow  be  paid 
to  said  Heir  after  his  mothers  decease  if  of  lawful  age,  and  if  not 
that  that  together  with  the  residue  of  the  other  two  thirds  and 
interest  arising  thereon  be  f)aid  to  him  at  the  time  in  which  by 
Law  he  could  inherit  the  same  in  case  the  said  Land  had  not  been 
sold.     [Passed  June  28. 


CHAPTEE    63, 


Legislative 
Becords  of  the 
CoaDcll,  xxix., 

99.  Mass. 
Archives, 
cxviii.,  .')57. 

Mass. 
Archives, 
cxviii.,  478. 
Maps  and 
Plans,  Mis., 
xxxiii.,  20. 
House  Jour- 
nal, p.  238 
(April,  1771) ; 
pp.  66,  85,  86. 
Ante,  p.  514, 
chap.  103. 


RESOLVE  CONFIRMING  A  PLAN  OF  AN  EQUIVALENT  TOWNSHIP  GRANTED 
TO   WILLIAM   BULLOCK,  ESQ.,  AND   OTHERS. 

A  Plan  of  a  Tract  of  Land  situate  in  the  County  of  Berkshire, 
of  the  contents  of  six  miles  square,  bounding  East  on  Township 
Number  seven  partly  and  partly  on  Province  Land,  South  on  Dwight 
&  Worthington's  Grant  partly  and  partly  on  Royalston,  Daws  and 
Robarts  Grants,  Westerly  on  East  Hoosuck  East  line  partly  and 
partly  on  Bernardstown  Grant  and  partly  on  Province  Land;  and 
northwardly  on  Province  Laud  (including  a  small  Grant  to  Cap' 
John  Jones  of  250  acres)  laid  out  in  satisfaction  of  a  Grant  made 
by  the  General  Court  to  William  Bullock  Esq''  and  others  the  So"" 
day  of  April  1771  by  Nath'  Dwight  Surveyor  and  Chainmen  on 
Oath  and  plan'd  by  a  Scale  of  300  ^'"  to  an  Inch  was  presented  for 
allowance;     Upon  which  the  following  Order  passed  viz' 

On  a  plan  of  the  Township  of  Land  Taken  by  Nath'  Dwight  Sar- 
vayer  in  the  favour  of  W^illiam  Bullock  Esq'  &  others:  Containing 
within  S'^  Plan  Twenty  three  thousend  &  forty  acers  of  Land  which 
is  agreable  to  the  order  of  the  Gene'  Court: 

Eesolued  that  the  Tract  of  Land  afore  S*  be  &  Remain  to  Said 
proprietors  &  there  Heires  &  assigns  uppon  there  fullfiling  the  Condit' 
hereafter  mentione  '  Said  Proprietors  to  Sett[le]  '  the  Tract  of  Land 
afores[aid] ,' With  fifty  families  &  Errect  &  build  fifty  Dwelling  houses 
there  on  none  Less  than  Eighteen  feet  Squair  &  Seven  feet  Stud  & 
Clear  &  Cultivate  Seuen  acres  of  Land  on  Eaich  Right  or  Share  fit 
for  Tillage  &  mowing  within  Seuen  yeares  from  the  Date  here  of  & 
with  in  S''  Time  builde  a  Sutable  meeting  House  for  the  publick 
worship  of  God :  &  Settle  a  Lerned  protesant  minister  &  make  Sut- 
able provision  for  his  Comfortable  Support :  &  allso  within  s"*  Town- 
ship there  be  reserved  &  appropriated  one  Sixty  third  part  thereof 
to  the  first  Settled  ordained  minister  his  heires  &  assigns  for  Euer 
&  one  Sixty  third  part  there  of  for  the  vse  of  the  ministry  &  one 
Sixty  third  part  for  the  vse  &  Benefit  of  a  School  for  Euer  &  further 
more  Said  proprietors  are  to  agree  with  Such  persons  or  persons  Now 
in  the  possession  of  aney  of  the  Lands  within  the  bounds  of  the 

'  Manuscript  mutilated. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  565 

Township  a  fore  Said  as  Shall  be  Estemated  Just  &  Eaquatable: 
not  Less  than  one  hundred  acres  to  Eaich  person  thereon  so  as  to 
Quiet  them  in  there  possession  thay  allowing  S'^  Proprietors  the 
value  of  the  same  as  tho  no  Improvement  had  ben  made  thereon : 
&  in  Case  the  Grantees  and  Settlers  shall  not  agree  upon  the  Value 
of  s*  Land,  it  Shall  be  Determined  by  a  Committe  of  this  Court 
&  if  the  Grantees  or  proprietors  of  s'*  Tract  of  Land  Should  faile  or 
neglect  within  S"*  Seven  yeares  of  Complying  With  the  Conditions 
a  fore  s**  thay  Shall  forfet  there  Riglit  to  Said  Tract  of  Land,  which 
in  that  Case  Shall  revert  to  the  province.      \^Passed  June  28. 


CHAPTER    64. 

ORDER   ALLOWING   £6.  15   TO   THE    COMMITTEE    ON   DIGHTON. 

The  Committee  appointed,  the  last  Session  of  the  General  Court,  Legislative 
to  go  to  Dighton  upon  the  Petitions  of  Ezra  Richmond  Esq'  &  others  cmmcii^  xxix!, 

and  Sylvester  Richmond  Esq'  and  others,  laid  before  the  Court  an  ^"1 

account  of  their  time  and  expences  in  attending  that  service,  amount-  ^'Jg^^-^gg 
insT  to  the  Sum  of  Six  pounds  fifteen  shillings     Upon  which  the  fol-  cxviii.,42'!M32. 

1    ^ .         r\    -I  1      •    t  House  Jour- 

lowmg  Order  passed  viz'  nai,  p.  9i. 

Ordered  that  the  abovementioned  Sum  of  Six  pounds,  fifteen  shil-  ^»^^-  p^^o^. 
lings  be  allowed  and  paid  out  of  the  public  Treasury  to  the  hon"' 
William  Brattle  Esq'  for  the  use  of  the  Committee,  and  that  the 
said  Sum  of  Six  pounds,  fifteen  shillings  be  added  to  the  Town  of 
Dighton  in  the  Tax  act  the  present  year.      [Passed  June  29. 


CHAPTBE    65. 

RESOLVES   ON   THE   PET^  OF    SILV   RICHMOND,  ESQ".   AND    OTHERS    OF 
DIGHTON   IN   REGARD   TO   TAXES. 

The  Committee  to  whom  was  referred  the  Petition  of  Sylvester  Legislative 
Richmond  Esq'  and  others  dated  the  tenth  day  of  January  1770  as  ^ouncif  xxi 
also  the  Petition  of  Ezra  Richmond  Esq'  and  others  dated  the  '2^  lOo 


day  of  April  1770,  and  the  answer  of  the  Inhabitants  of  the  Town  House  Jour- 
of  Dighton  to  both,  have  attended  the  service  assigned  them,  went  ^nte,'^%\'3, 
to  Dighton,  there  heard  the  parties  till  they  were  content  to  be  ^Jj^''' lo' ^' '"'*' 
heard  no  longer;  beg  leave  to  report.  In  the  first  place  we  see  no  swpr'a, chap, 
sufficient  reason  why  the  Petitioners  should  be  exempt  from  paying  ^*' 
their  Taxes  to  the  meeting  house  erected  in  the  said  Town  of  Digh- 
ton by  a  vote  of  said  Inhabitants  or  to  the  twenty  pounds  voted  by 
the  Town  for  the  support  of  preaching;  but  inasmuch  as  the  con- 
tention there  is  so  great,  inasmuch  as  the  Petitioners  have  erected 
a  new  meeting  house  at  their  own  cost  and  charge,  wherein  they 
carry  on  and  maintain  public  Worship,  we  apprehend  that  the  peace 
of  the  Town  and  the  interest  of  Religion  will  be  greatly  served  if 
the  Petitioners  in  both  the  said  Petitions  {or  those  that  represent 
them  we  say  those  that  represent  them  because  some  of  the  Petitioners 
may  be  absent  and  at  Sea)  with  their  Estates  be  fi-ee  from  any  other 
or  future  Taxes  towards  said  meeting  house  erected  by  the  Town 
or  the  minister  or  Ministry  there.  Provided  that  they  shall  within 


566 


Province  Laws  {Resolves,  etc.).  — 1771-72.     [Chap.  66.] 


six  months  from  the  first  day  of  July  next  send  their  names  in 
writing  lender  their  hands,  lodged  in  the  Secretary's  office,  signify- 
ing their  desire  of  the  exemption  aforesaid ;  they  upholding  the 
public  Worship  of  God  in  said  meeting  house  built  by  them.  This 
by  no  means  to  destroy  or  in  the  least  to  affect  the  obligations  they 
are  both  under  for  the  support  and  maintenance  of  the  Rev*  M"' 
Nathaniel  Fisher  their  aged  and  venerable  Pastor.  The  cost  of  the 
Committee  to  be  born  by  the  Town.  Provided  nevertheless  that  no 
distraint  shall  be  made  within  six  months  from  the  first  of  July 
next  for  what  remains  due  on  the  Taxes  aforesaid. 

Signed  W.   Beattle  by  Order 

Eead  and  accepted  and  thereupon 

Resolved  that  such  or  so  many  of  the  said  Petitioners  who,  by 
themselves  or  such  as  represent  them,  shall  in  writing  under  their 
hands  signify  their  desire  of  being  exempted  from  paying  any  further 
or  other  Taxes,  excepting  as  is  excepted  in  said  Report,  towards  said 
meeting  House  built  by  the  Town  or  to  the  minister  or  Ministry 
there  or  towards  the  settlement  of  one  and  shall  on  or  before  the 
last  day  of  October  next  and  such  of  them  as  shall  be  absent  shall 
be  allowed  one  month  after  their  return,  lodge  the  same  in  the  Sec- 
retarys  office  be  and  such  of  the  said  Petitioners  hereby  are  exempted 
from  future  Taxes  accordingly,  to  all  intents  and  purposes  whatso- 
ever as  if  they  did  not  live  in  the  Town  aforesaid  so  long  as  they 
shall  steadily  ujihold  preacliing  and  maintain  the  public  Worship 
of  God  in  said  meeting  house  built  by  them ;  provided  nevertheless 
it  is  hereby 

Resolved  that  no  Distraint  shall  be  made  within  six  months  from 
the  first  of  July  next  for  what  remains  due  on  the  Taxes  for  build- 
ing the  Towns  Meeting  house  or  the  twenty  pound  aforesaid.  This 
Resolve  is  by  no  means  to  be  understood  so  as  to  destroy  or  in  the 
least  to  affect  the  obligations  both  parties  are  under  for  the  support 
of  the  Rev"*  M'  Nathaniel  Fisher  their  aged  and  venerable  Pastor; 
the  Cost  of  the  Committee  to  be  born  by  the  Town.     \^Passed  July  1. 


CHAPTER    66, 


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


Legislative 
Records  of  the 
Council,  xxix., 
106. 

House  Jour- 
nal, pp.  1'2, 90. 


The  ACCOUNT  of  John  Chandler  Esq'  Treasurer  of  the  County 
of  Worcester  being  laid  before  the  Coiirt  for  allowance,  the  follow- 
ing Order  passed  thereon  viz' 

Whereas  it  appears  that  the  monies  granted  and  allowed  by  the 
Court  of  General  Sessions  of  the  peace  for  said  County  as  exhibited 
in  said  account  dated  June  1771  were  such  as  said  Court  was  by 
Law  impowered  to  Grant  and  allow 

Resolved  that  the  said  account  be  allowed.     [Passed  Jidy  1. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  567 


CHAPTER    67. 

RESOLVE  AND  ORDER  WITH  NOTICE  ON  THE  PETITION  OF  THE  INHAB- 
ITANTS OF  THE  TOWN  OF  SHERBURN  IN  REGARD  TO  THE  ANNEXA- 
TION  OF  TWO   ISLANDS. 

A  Petition  of  Abishai  Folger  and  others  a  Committee  of  the  In-  LegiBiative 
habitants  of  the  Town  of  Sherborn  in  the  County  of  Nantucket    Set-  councu^  xx'^, 
ting  forth  That  there  are  two  small  Islands  or  Sand  Keys  situate  at  yj-^?''*^^- 
the  Westerly  end  of  the  Island  of  Nantucket,  one  of  which  is  called  ixxxvii.,'376. 
Musqueket  about  three  miles  distant  from  the  Island,  which  is  an-  House  Jour, 
nexed  to  the  Town  of  Edgartown  in  Dukes  County  by  a  former  nai,  p.  102. 
Patent,  but  wholly  owned  by  Inhabitants  of  the  said  Town  of  Sher- 
born, and  is  of  so  inconsiderable  a  value  as  not  to  be  Taxed  by  said 
Edgartown ;  the  other  is  called  Gravelly  Island  situate  less  than  a 
mile  from  the  Westerly  end  of  said  Island  of  Nantucket  and  is  so  very 
small  and  low  that  it  is  not  callable  of  having  any  Stock  kept  thereon, 
and,  which  the  Petitioners  apprehend,  was  by  the  overflowing  of  the 
Sea  separated  from  the  Westerly  jjoint  of  Nantucket,  but  whether 
it  is  now  properly  within  the  County  of  Nantucket  they  are  at  a 
loss  to  determine.     That  Doctor  Samuel  Gelston  hath  erected  an 
Hospital  on  the  last  mentioned  Island  in  order  to  carry  on  the  bus- 
iness of  Inoculation  for  the  Small  pox,  which  the  Petitioners  are 
under  fearful  apprehensions  will  be  the  means  of  Sjoreading  that 
distemper  in  the  Town  of  Sherborn     That  it  is  not  in  the  power  of 
the  Inhabitants  of  said  Sherborn  to  prevent  the  said  business  being 
carried  on,  by  reason  of  the  peculiar  situation  of  the  said  Islands, 
as  abovementioned.  And  praying  that  the  said  Musqueket  Island 
and  Gravelly  Island  may  be  annexed  to  the  Town  of  Sherborn  afore- 
said, or  that  they  may  be  otherwise  relieved. 

Upon  the  Petition  of  the  Inhabitants  of  the  Town  of  Sherburn 
in  the  County  of  Nantucket  representing  themselves  in  imminent 
danger  of  having  the  small  Pox  to  spread  amongst  them  without 
the  interposition  of  this  Court. 

Resolved  &  Ordered  that  the  Petitioners  serve  the  Town  of  Edgar 
ton  &  Doct  Samuel  Gilsson  with  a  Copy  of  s"*  Petition  that  they 
may  shew  cause  on  the  second  Wednesday  of  the  next  sitting  of  this 
Court  if  any  they  have  why  the  Prayer  thereof  should  not  be  granted. 
And  that  in  mean  time  every  Person  is  hereby  strictly  prohibited 
from  inocculating  or  removing  any  person  that  may  be  inocculated 
for  the  small  Pox  on  either  of  the  Islands  in  s''  Petition  prayed  for 
to  be  annexed  to  the  s""  town  of  Sherburn.     {^Passed  July  2. 


CHAPTER    68. 

RESOLVE  IMPOWERING  SAM'-  HALL  AND  MARY  HIS  WIFE,  GUARDIAN, 
TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Samuel  Hall  of  Medford  and  of  Mary  his  Wife  Legislative 
Guardian  to  her  daughter  hereafter  mentioned    Setting  forth    That  ^^^li  xx'x* 
Cap'  James  Hall  late  of  Medford  aforesaid,  former  Husband  of  the  112. 
said  Mary,  died  Intestate  seized  and  possessed  of  a  small  piece  of  House  .Tour. 

nal,pp.77, 95. 


568 


Province  Laws  {Resolves,  etc.).  — 1771-72.      [Chap.  69.] 


Province 
Laws,  ii.,  ISl, 
chap.  10, 


Land  in  said  Medford  with  half  of  a  dwelling  house  standing  thereon, 
together  with  a  small  piece  of  Land  lying  near  the  same ;  the  whole 
whereof  being  of  the  value  of  about  £65  derive  to  the  said  Mary  the 
Petitioner  and  to  Mary  a  minor  of  ten  years  of  age  daughter  of  the 
said  James  and  Mary  as  legal  Heirs  to  the  said  James.  That  the  said 
dwelling  house  being  old  and  decayed  now  requires  a  considerable 
Sum  of  money  to  fit  it  up  and  make  it  tenantable,  and  that  such 
Sum  so  laid  out  will  be  much  to  the  damage  of  the  said  Heirs;  the 
rent  of  the  Premises  being  greatly  inadequate  to  such  charges.  And 
praying  that  they  may  be  impowered  to  make  sale  of  the  premises 
for  the  benefit  of  the  said  Heirs. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  in- 
powered  to  make  sale  of  the  whole  of  the  Real  Estate  in  their  Peti- 
tion mentioned  for  the  most  the  same  will  fetch,  and  make  and 
execute  a  good  and  sufficient  Deed  or  Deeds  thereof,  they  observ- 
ing the  rules  of  the  Law  relative  to  the  sale  of  Real  Estates  by  Ex- 
ecutors and  administrators  and  give  sufficient  security  to  the  Judge 
of  Probate  for  the  County  of  Middlesex  that  the  proceeds  of  said 
sale  shall  be  applied  as  follows  viz'  that  the  said  Mary  who  was  the 
Widow  of  the  said  James  Hall  shall  have  the  use  and  improvement 
of  one  third  thereof  in  lieu  of  dower  during  her  natural  life,  and 
that  the  other  two  thirds  be  put  to  Interest  for  the  said  Child,  and 
that  the  same  with  the  Interest  be  jjaid  to  her  when  of  age,  and  that 
she  shall  receive  the  other  third  reserved  for  her  mothers  use  imme- 
diately after  her  decease  always  provided  that  the  debts  of  the  said 
James  deceased  be  first  all  discharged.     [Passed  July  2. 


CHAPTEK    69. 


RESOLVE    IMPOWERING    DESIRE    BANGS,   EXECUTRIX,   TO    RECONVEY 
LANDS. 


Legislattve 
Records  of  the 
Council,  xxlx., 


House  Jour- 
nal, pp.  23,  97 


A  Petition  of  Desire  Bangs  of  Harwich  in  the  County  of  Barn- 
stable Executrix  of  the  last  Will  and  Testament  of  Benjamin  Bangs 
late  of  said  Harwich  deceased  Setting  forth  That  on  the  20  day 
of  March  1769  the  said  Benjamin  took  a  Deed  of  sale  of  one  Joseph 
Wing  of  a  certain  Woodlot  containing  about  35  acres  and  of  a  piece 
of  Salt  meadow  containing  about  one  acre  the  consideration  whereof 
being  forty  pounds,  and  at  the  same  time  the  said  Benjamin  obliged 
himself  to  reconvey  the  premises  to  the  said  Wing  on  repayment  of 
the  said  Sum  by  a  certain  time,  but  that  the  said  Benjamin  died 
before  the  arrival  of  the  said  time  That  the  said  Land  will  sell  for 
about  fourteen  pounds  more  than  the  consideration  aforesaid,  and 
the  said  Wing,  being  poor,  is  desirous  of  redeeming  the  same  That 
the  said  deceased  took  a  Deed  on  the  10  day  of  January  1767  of  one 
Benjamin  Lincoln  of  a  small  dwelling  house  and  about  one  acre  of 
Land  the  consideration  of  which  being  thirty  two  pounds,  and  at 
the  same  time  obliged  himself  to  reconvey  the  premises  to  the  said 
Lincoln  and  praying  that  she  may  be  impowered  to  reconvey  the 
premises  to  the  said  Wing  and  Lincoln  upon  their  repaying  the  Sums 
aforesaid ;  the  time  for  the  redemption  of  the  premises  being  now 
elapsed  notwithstanding. 

[Read  and] 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  569 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  fully  impowered 
to  reconvey  to  the  said  Joseph  Wing  aud  to  the  said  Benjamin  Lin- 
coln the  respective  Lauds  which  her  deceased  Husband  held  by  Deeds 
from  them  severally,  upon  their  paying  to  lier  the  several  Sums  of 
money  which  they  were  obliged  to  pay  in  case  the  time  had  not  been 
expired  for  the  redemption  thereof,  which  Deeds  shall  hold  the  same 
to  them  severally  their  Heirs  and  assigns  forever,  provided  also  that 
she  shall  do  the  same  under  the  immediate  direction  and  inspection 
of  the  Judge  of  Probate  for  the  County  of  Barnstable,  and  at  the 
same  time  shall  account  with  him  for  the  same  to  be  applied  as  in 
and  by  her  late  Husbands  Will  is  directed.     [Passed  July  2. 


CHAPTEK    70. 

UESOLVE   ORDERING  AN   ADDITION   TO   THE   ESTABLISHMENT   OF    FORT 
POWNALL. 

In  the  House  of  Eepresentatives.  Legislative 

Resolved  that  there  be  an  addition  of  five  privates  to  the  Estab-  councff  xxix^ 
lishment  for  the  Garrison  at  Fort  Pownall  Voted  by  this  House  the  n". 
35  of  June  last  and  that  their  Wages  be  fixed  at  twenty  four  shil-  LegisiatiTe 

1-  ,1  °  •'  Records  of  tbe 

Imgs  ^  month.  council,  xxix., 

In  Council,  Read  and  Concurred.      {Passed  July  S.  jour?ar*' 

pp.  100,  io2. 


CHAPTEK    71. 

RESOLVE   IMPOWERING  PHILIP    MILLARD,  GUARDIAN,  TO    SELL    REAL 
ESTATE. 

A  Petition  of  Philip  Millard  Guardian  to  Mary  Millard  a  minor  Legislative 
daughter  of  Nathaniel  Millard  late  of  Rehoboth  in  the  County  of  Records  of  the 
Bristol  dec''  Setting  forth     That  the  said  minors  Personal  Estate  jj"?,""''' •^-'' "'•' 
is  insufficient  to  pay  the  expence  he  has  been  at  for  her  support  House  Jour- 
and  what  he  paid  the  former  Guardian,  by  the  Sum  of  £13.5.3    and  ^]'^^rivin% 
praying  that  he  may  be  impowered  to  make  sale  of  the  said  minors  Laws,  u.,  i5i, 
Real  Estate  apprised  at  £41 ;  or  so  much  thereof  as  shall  be  suffi-  p'^sl^s.'chap."^! 
cient  to  discharge  the  said  Sum  of  £13.5.3  and  the  charges  of  sale. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impow- 
ered to  make  sale  of  so  much  of  the  said  minors  Real  Estate  as  will 
be  necessary  to  discharge  the  debt  and  Interest  and  charges  in  his 
Petition  mentioned,  and  make  and  execute  a  good  Deed  thereof; 
he  observing  the  rules  of  the  Law  relative  to  the  sale  of  Real  Estates 
by  Executors  and  administrators  and  giving  security  to  the  Judge 
of  Probate  for  the  County  of  Bristol  that  the  proceeds  of  said  sale 
shall  be  applied  for  the  purpose  aforesaid,  and  that  it-be  sold  where 
it  will  be  least  prejudicial  to  said  Minor,  and  that  it  be  done  with 
the  advice  and  direction  of  said  Judge  of  Probate,  and  that  he  will 
duly  account  for  the  same.      [Passed  July  3. 


570 


Pkovince  Laws  (JResolves,  etc.).  — 1771-72.     [Chaps.  72-74.] 


CHAPTEE    72, 


RESOLVE    CONFIRMING   THE   PROCEEDINGS    AT    THE    MEETING    OF    THE 
TOWN   OF  POWNALBOROUGH. 


Legislative 
Reiords  ol  the 
Couuoil,  xxix., 


HouBe  Jour- 
nal, p.  104  bis. 


A  Petition  of  the  Selectmen  of  Pownalborough  in  the  County 
of  Lincoln  Praying  that  the  proceedings  of  the  said  Town  at  their 
annual  meeting  on  the  l^""  day  of  March  last  maybe  confirmed; 
any  defect  in  the  warning  of  said  meeting  notwithstanding. 

The  foregoing  Petition  being  Read,  thereupon 

Resolved  and 

Ordered  that  the  prayer  of  the  Petition  be  granted,  and  that  all 
the  acts  and  proceedings  at  the  meeting  of  said  Town  of  Pownal- 
borough mentioned  therein,  be  and  hereby  are  confirmed  and  estab- 
lished to  all  intents  and  purposes.     \^Passed  July  4. 


CHAPTEE    73. 


ORDER  APPOINTING  A  COMMITTEE  TO   SEE  TO  THE   BUILDING  OF  TWO 
POWDER   MAGAZINES. 


Legislative 
Records  of  the 
Council,  xxlx., 


House  Jour- 
nal, p.  106. 
Province 
Laws,  v.,  167, 
chap.  9. 


In  the  House  of  Representatives 

Orderd  that  M'  Hancock  Cap  Thayer  and  M'  Remington  with 
such  as  the  Hon'''  Board  shall  joyn  be  a  Committee,  in  the  Recess 
of  this  Court  to  see  to  the  building  two  publick  magazines  for  the 
safe  keeping  of  powder  in  pursuance  of  an  Act  of  this  Court,  passd 
in  the  present  Session 

Li  Council  Read  &  Concurred,  &  Will"'  Brattle  &  Thomas  Hub- 
bard Esq"  are  joined  in  the  Affair.      \_Passed  July  4. 


CHAPTEE    74. 

RESOLVE  IMPOWERING  THE  COMMITTEES  OF  THE  TOWNS  OF  DORCHES- 
TER AND  STOUGHTON  TO  SELL  LANDS  AND  MAKING  PROVISION  IN 
REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxix., 


Archives, 
Ivili.,  594,  595. 
House  Jour- 
nal, pp.  87, 100, 
103.    Ante, 
p.  239,  chap.  27. 


A  Petition  of  Elijah  Davis  and  others  a  Committee  of  the  Town 
of  Dorchester  and  of  Elijah  Dunbar  and  others  a  Committee  of  the 
Town  of  Stoughton  Praying  that  they  may  be  impowered  to  make 
sale  of  800  acres  of  Land  now  lying  in  Wrentham,  which  was  laid 
out  and  appropriated  by  the  Town  of  Dorchester  in  the  year  1657 
for  the  benefit  of  a  Free  School  in  said  Town,  and  was  Leased  in 
the  year  1709,  to  M'  Robert  Calef  his  Heirs  and  assigns,  for  the 
term  of  308  years ;  and  that  the  money  arising  by  said  sale  be  ap- 
plied for  the  benefit  of  Free  Schools  in  said  Towns;  Doctor  Timothy 
Stevens  the  present  Lessee  joining  in  the  prayer  of  the  Petition. 

On  the  Petition  of  the  Committees  of  the  Towns  of  Dorchester 
and  Stoughton, 

Resolved  that  the  Petitioners  be  and  are  hereby  impowered  to 
make  sale  of  the  Lands  in  the  Petition  mentioned  for  the  most  the 
same  will  sell  for,  and  make  and  execute  a  good  Deed  or  Deeds  of 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1771-72.  571 

the  same  to  the  purchaser  or  purchasers,  and  that  two  thirds  of 
the  proceeds  thereof  be  delivered  to  the  Treasurer  of  the  Town 
of  Dorchester,  and  the  other  third  to  the  Treasurers  of  the  Town 
of  Stoughton  and  District  of  Stoughtonhani  in  the  same  propor- 
tion said  Town  and  District  received  of  the  Income  of  said  Estate 
before  the  sale  therefore,  which  shall  be  put  to  Interest  with  the 
advice  of  the  Selectmen  of  said  Towns  and  District  from  time  to 
time,  and  the  Interest  arising  tliereou  to  be  applied  for  the  benefit 
of  a  free  School  in  each  of  said  Towns  &  District  of  Stoughtonham 
and  for  no  other  purpose.      [Passed  July  4. 


CHAPTBK    75. 

EESOLVE   ALLOWING    £U>   TO   DR.    W"    DEMING. 

A  Petition  of  William  Doming  Praying  an  allowance  for  Medi-  ^Ifi^ijs'Jf  the 
cines  and  attendance  on  William  Figgins,  Thankful  his  Wife,  and  Council,  xxix., 
one  of  their  Children  Indians  of  Natick  ^^^i- — ■ 

[Read  and]  Re^ords'otthe 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas-  ^°^^^j^"'^-, 
ury  to  Doctor  William  Deming  the  Sum  of  fifteen  pounds  in  full  kouse'Ijour- 
discharge  for  medicines  and  attendance  on  the  Indians  mentioned  oa'.PP-^'J.so- 
in  said  petition.      [Passed  July  4. 


CHAPTEE    76. 

RESOLVE  ALLOWING  £13.  6.  8   EACH   TO   EDM"  TROWBRIDGE   AND    JAMES 
OTIS,  ESQ"". 

Resolvd  that  the  Sum  of  Thirteen  Pounds  Six  Shillings  &  Eight  ^|s^^'^*'jfjj,g 
pence  be  paid  out  of  the  publick  Treasury  to  the  Hon  Edmund  councsi,  xxix., 
Trowbridge  Esq'  &  the  like  Sum  of  thirteen  pounds  Six  Shillings  A^ciiiv'esTciv., 
&  Eight  pence  to  the  Hon  James  Otis  Esq''  in  full  Compensation  6»3. 
for  the  Services  they  performd  in  recovering  the   Provinces  part  m.isb. 
of  certain  Seizures  at  Salem  being  Eight  hundred  &  Eighty  Eight  go?^  House^'* 
pounds  which  was  paid  into  the  Treasury  the  16  Jan^"  1766.    [Passed  pp"igf_'io7. 
July  4. 


CHAPTEE    77. 


RESOLVE   ALLOWING   £i   TO   THE    REV"  ED"   WIGGLESWORTH.  Legislative 

Records  of  the 
Council,  xxix., 

Resoh'd  that  there  be  allowd  &  paid  out  of  the  publick  Treasury  i34,  Mass. 
to  the  Eev"*  M'  Edward  Wigglesworth  the  Sum  of  four  pounds  for  634.        ''     ' 
his  Services  as  Chaplin  to  the  two  Houses  during  the  present  Ses-  House  Jour, 
sion.      [Passed  July  4.  nai,  pp.  103,  io4. 


572 


Province  Laws  {Resolves,  etc.).  — 1771-72.     [Chaps.  78,  79.] 


Legislative 
Records  of  the 
Council,  xxix., 
1-24.    Mass. 
Archives, 
xxxlii.,  639. 


CHAPTEK    78. 

VOTE   CHOSING   GUARDIANS   FOR  THE   NATICK   INDIANS. 


Records olthe  THE  TWO  HOUSES  pursuant  to  agreement  proceeded  to  the  choice 
iM^House"''"'  °^  Guardians  for  the  Natick  Indians  and  upon  sorting  and  counting 
Journal,  the  Votes  it  appeared  that  M'  Abra™  Bigelow,  Cap'  Seth  Kingsbury, 

S«V«,%'.520,       &  M' Joseph  Mellen  were  chosen.      [Passed  July  4.' 

chap.  117. 


CHAPTER    79. 


Legislative 
Records  of  the 
Council,  xxix., 
1-25. 

House  Jour- 
nal, pp.  80, 84. 
Province 
Laws,xii.,61, 
chap.  122. 
Ante,  p.  308, 
chap.  180. 


RESOLVE    CONFIRMING    PLANS   OF   1,200   ACRES   OF    EQUIVALENT    LAND 
LAID   OUT   FOR   THE   HEIRS   OF   ELIZ*  RAND. 

The  Plans  of  two  Tracts  of  Land,  lying  in  the  Easterly  part  of 
the  County  of  Berkshire,  laid  out  by  Jacob  Brown  Surveyor  to  sat- 
isfy the  Grant  of  twelve  hundred  acres  of  Land  made  by  this  Court 
to  the  Heirs  of  Elizabeth  Rand  deceased  on  the  30""  day  of  February 
1768  were  presented  for  allowance ;  one  Tract  begining  at  a  hemlock 
Tree  marked  T  R  and  Stones  laid  round  it  standing  on  Tyringham 
Equivalent  South  line  160  Rods  West'-''  from  said  Equivalent  South- 
east corner,  and  from  thence  runing  South  30  degrees  West  160  Rods 
to  a  Pond  commonly  called  the  Long  pond  bounding  East  on  a  former 
Grant,  then  bounding  Southwest  and  Easterly  on  said  Long  pond 
and  Southerly  on  a  Creek  wherein  said  long  Pond  empties  itself  into 
a  Pond  commonly  called  the  little  Pond,  then  bounding  Southerly 
on  said  little  Pond  to  the  East  line  of  M'  William  Taylor's  Grant, 
then  runing  north  20  degrees  East  82  Rods  to  said  Taylor's  north- 
east corner,  bounding  West  on  said  Taylor's  Grant,  then  turning 
and  runing  West  20  degrees  north  220  Rods  to  said  Taylors  north- 
westerly corner  bounding  South  on  said  Taylors  Grant,  then  turning 
and  runing  north  9  degrees  East  227  Rods  to  said  Tyringham  Equiv- 
alent South  line  bounding  West  on  Province  Lands,  then  turning 
and  runing  East  9  degrees  South  464  Rods  to  the  place  where  began 
bounding  north  on  said  Equivalent  Land,  and  contains  692  acres 
besides  an  allowance  for  a  small  pond  containing  15  acres.  The 
other  Tract  begining  at  the  Southeasterly  corner  of  a  Grant  of  Land 
called  Belchers  Grant,  and  from  thence  runing  South  eighty  two 
Rods  to  a  Beach  staddle  marked  thus  T  R  and  Stones  laid  round  it, 
and  then  turning  and  runing  East  250  Rods  to  a  hemlock  Tree  marked 
thus  T  R  bounding  South  on  Province  Lands  and  then  turning  and 
runing  north  331  Rods  to  a  hemlock  and  Stones  laid  round  it  bound- 
ing East  on  Province  Lands,  then  turning  and  runing  West  250 
Rods  to  the  East  line  of  said  Belchers  Grant,  bounding  north  on 
Province  Lands,  then  turning  and  runing  South  248  Rods  to  the 
first  mentioned  corner  and  bounds  West  partly  on  said  Belchers 
Grant  and  partly  on  Province  Lands  and  contains  517  acres  and  30 
Rods  of  Ground,  9  acres  and  30  Rods  of  said  Land  is  allowed  for 
the  Country  Roads  which  runs  thro'  the  same.  Laid  out  in  May  1768. 

[Read  and] 

Resolved  that  both  tlie  Plans  hereunto  annexed,  one  containing 


^  This  date  is  according  to  Mass.  Archives  and  Legislati' 
according  to  the  House  Journal,  p.  HO,  the  date  is  July  5. 


Records  of  the  Council; 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  573 

Six  hundred  and  ninety  two  acres,  the  other  containing  five  hun- 
dred and  eight  acres,  delineated  and  described  as  it  is  set  forth  by 
Jacob  Brown  the  Surveyor  who  plan'd  the  same,  be  accepted  and 
hereby  is  confirm'd  unto  the  Heirs  of  Elizabeth  Rand  deceased  (men- 
tioned in  the  Petition  of  Samuel  Willis)  be  to  them  their  Heirs  and 
assigns  in  lieu  of  and  full  satisfaction  for  a  grant  of  one  thousand 
acres  of  Land  granted  by  the  General  Court  Decem'  5.  1734  to 
Robert  Rand,  which  was  lost  by  the  late  runing  of  the  Line  between 
this  Province  and  New  Hampshire;  Provided  both  of  said  plans 
together  do  not  exceed  the  quantity  of  twelve  hundred  acres  nor 
interfere  with  any  former  Grant.     [^Passed  July  4. 


CHAPTEE    80.  SdfoT 

KESOLVE  TRANSFERING  APPROPRIATION. 


Becords  of  the 
Council,  xxix., 


House  Jour- 
nal, p.  108. 

Resolved  that  there  be  a  Transfer  of  One  thousand  pounds  from  ^aws^v!*  los 
the  appropriation  of  Grants  to  the  appropriation  for  the  pay  of  the  chap.k  ' 
Court.     \^Passed  July  5. 


571 


Province  LiAWS {liesolves,  etc.).  — 1771-72.     [Chaps.  81,  82.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Eighth  Day  of  April,  A.D.  1772. 


Legislative 
Records  of  the 
Couucll,  xxix., 
143. 

House  Jour- 
nal, pp-97, 98, 
108, 110,  111,  125, 
1-26  bis,  1-27. 
Ante,  p.  572, 
chai).  (8. 


CHAPTEE    81. 

VOTE    SUBSTITUTING    JOSEPH    TWITCHELL    FOR    JOSEPH    MELLEN    AS 
GUARDIAN  OF  THE  NATICK  INDIANS. 

Pursuant  to  the  agreement  of  the  two  Houses  they  proceeded 
to  the  choice  of  a  Guardian  for  the  Natick  Indians  in  the  room  of 
Cap'  Joseph  Mellen  deceased,  and  upon  sorting  and  counting  the 
Votes  it  appeared  that  M'  Joseph  Twitchell  was  unanimously  chosen. 
[Passed  April  10. 


CHAPTEE    82, 


RESOLVE     CORRECTING     A     RESOLVE     BY      SUBSTITUTING      SUSANNAH 
GRIGGS  FOR  MARY  GRIGGS  IN  A  PETITION  FOR  THE   SALE   OF  LAND. 


House  Jour- 
nal, pp.126, 130. 
Province 
Laws,  ii.,  151, 
,  chap.  10. 
Ante,  p.  509, 
chap.  96. 


Legislative  Wheeeas  the  Great  and  General  Court  at  their  Sessions  in  April 

Council,  xxix.,  1771  passed  an  Order  on  the  Petition  of  John  Baker  administrator 
of  the  Estate  of  George  Griggs  late  of  Brookline  in  the  County  of 
Suifolk  deceased  and  Guardian  to  Sarah  Griggs  and  Abigail  Griggs 
daughters  of  said  George  and  David  Weld  attorney  to  Susannah 
Griggs  eldest  daughter  of  said  George  Griggs  praying  that  the  Peti- 
tioners may  be  impowered  to  make  sale  of  certain  Lands  in  said 
Petition  mentioned,  which  Order  is  in  the  words  following  viz' 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
that  the  Petitioner  John  Baker  be  and  he  accordingly  is  hereby  fully 
impowered  to  join  with  Mary[*]  Griggs  one  of  the  Heirs  to  the 
within  mentioned  Estate  in  the  sale  of  the  same,  and  to  make  and 
execute  a  good  deed  or  Deeds  thereof,  jarovided  they  pay  the  Debt 
due  on  the  Mortgage  in  the  Petition  mentioned,  they  observing  the 
rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates  by 
Executors  and  administrators,  and  giving  sufficient  security  to  the 
Judge  of  Probate  for  the  County  of  Suffolk  that  the  proceeds  of 
said  sale  after  the  debt  due  on  said  mortgage  is  deducted,  shall  be 
paid  to  the  legal  Heirs  to  the  same  with  the  lawful  Interest  thereon 
after  the  time  of  the  sale  as  they  shall  respectively  arrive  at  full 
age,  in  the  same  manner  as  they  could  by  Law  inherit  in  case  the 
said  Land  had  not  been  sold. 

Resolved  that  instead  of  Mary[*]  Griggs  mentioned  in  said  Order 
it  ought  to  have  been  Susannah  Griggs,  and  that  it  shall  be  so  under- 
stood.    [Passed  Ajjril  11. 


[2d  Sess.j     Province  Laws  {Resolves,  etc.).  — 1771-72.  575 

CHAPTER    83. 

ORDERS   ADJOURNING   COURTS   IN   SEVERAL  COUNTIES. 

Whereas  by  reason  of  the  great  body  of  Snow  there  is  yet  remain-  Legislative 
ing  on  the  ground,  especially  in  the  Western  parts  of  the  Province,  coSncu",  xxu*!, 
and  the  uncommon  height  of  the  Waters  in  the  Roads  to  the  Counties  isi- 
of  Worcester  and  Hampshire,  it  is  highly  probable  that  the  Superior  House  Jour- 
Court  of  Judicature,  Court  of  Assize  and  General  Goal  delivery  can-  m\\^.   rViv- 
not  this  year  be  held  at  Worcester  and  Northampton  at  the  times  ^^Xt&v.vu' 
by  Law  appointed  for  holding  the  same,  without  very  great  trouble 
inconvenience  and  danger  to  the  Justices  of  the  Court  and  the 
parties  concerned,  It  is  therefore 

Ordered  by  the  Governor,  Council  and  House  of  Eepresentatives 
That  the  said  Superior  Court  of  Judicature,  Court  of  Assize  and 
General  Goal  delivery  shall,  this  year,  be  holden  at  Worcester  on 
the  last  Tuesday  of  April  current,  and  at  Northampton  on  the  first 
Tuesday  of  May  next,  and  not  before.  And  as  that  will  of  course 
prevent  the  Superior  Court  of  Judicature,  Court  of  Assize  and  Gen- 
eral Goal  delivery  being  held  at  Barnstable  at  the  time  by  Law  ap- 
pointed therefor,  It  is  hereby  further 

Ordered  by  the  Governor,  Council  and  House  of  Representatives 
That  the  said  Court  shall  be  held  this  year  at  Barnstable  on  the 
fourth  Tuesday  of  May  next  and  not  before;  and  that  all  Writs, 
processes  and  Recognizances  returnable  to  and  all  appeals  made  to 
the  said  Superior  Court  of  Judicature,  Court  of  Assize  and  General 
Goal  delivery  by  Law  appointed  to  be  held  at  Barnstable  Worcester 
or  Northampton,  and  all  Causes,  matters  and  things  that  have  day 
or  that  might  have  been  had,  moved  or  done  at,  in  or  by  the  said 
Court  at  either  of  the  times  or  places  so  appointed  for  holding  the 
same,  shall  be  returnable  to  and  may  be  entered,  prosecuted,  had, 
moved  and  done  at  in  and  by  the  said  Court  at  the  respective  times 
hereby  appointed  for  holding  the  same  in  those  several  places  afore- 
said. And  that  the  respective  Sheriffs  of  the  said  Counties  shall  take 
immediate  and  effectual  care  that  this  Order  be  forthwith  published 
and  made  known  throughout  their  respective  Counties  aforesaid. 
\Passed  April  14. 


CHAPTER    84. 

RESOLVE  DIRECTING  THE  ANNEXATION  OF  CERTAIN   LANDS   WITH  THE 
INHABITANTS   THEREOF   TO   THE   TOWN   OF   BECK.ET. 

A  Petition"  of  Ephraim  Perkins,  John  Lothrop  and  Joshua  Bowen  Legislative 
owners  of  a  Tract  of  Land  lying  adjoining  to  the  South  side  of  Becket  councif  xx'ix* 
in  the  County  of  Berkshire  being  a  Grant  made  to  the  hon''''  John  i54. 
Chandler  Esq'  containing  one  thousand  acres  and  the  northerly  half  House  Jour.  _ 
of  the  Grant  made  to  Andrew  Belcher  Esq'  containing  five  hundred  province  ^' ^''' ' 
acres    Setting  forth    That  the  Lands  aforesaid  are  without  the  bounds  J'lfa^^igei"'^^^' 
of  any  Town  and  are  so  situated  that  the  Petitioners  apprehend  they  xvii.,'4ii,'chai). 
cannot  ever  be  so  well  accomodated  in  any  Town  as  they  can  be  in  '*' 
the  Town  of  Becket    That  the  Town  of  Becket  hath  voted  to  receive 
them  and  their  Lauds  aforesaid.  And  praying  that  they  may  be  an- 
nexed to  Becket  accordingly. 


576 


Province  LiAws  (Besolves,  etc.) .  — 1771-72.     [Chaps.  85,  86.] 


[Read  and] 

Resolved  that  the  prayer  of  said  Petition  be  granted  and  that  the 
Tract  of  Land  lying  on  the  South  side  of  Becket  in  the  County  of 
Berkshire  being  a  Grant  of  Land  made  to  the  hon''''^  John  Chandler 
Esq'  containing  one  thousand  acres;  also  that  the  northwardly  half 
of  a  Grant  of  Land  made  to  the  hon*"'^  Andrew  Belcher  Esq'  contain- 
ing five  hundred  acres,  be  annexed  to  and  accordingly  is  hereby  made 
part  of  the  Township  of  Becket,  and  the  Inhabitants  on  the  Land 
annexed  as  aforesaid  shall  always  hereafter  be  intitled  to  the  same 
privileges  and  subjected  to  the  same  duties  as  the  Inhabitants  of 
the  Township  of  Becket  aforesaid  are  or  may  be  intitled  or  subjected 
to.     [Passed  April  14. 


Legislative 
Records  of  the 
Council,  xxix., 
166. 

House  Jour- 
nal, pp.  123, 13S, 
Province 
Laws,  11.,  151, 
chap.  10. 


CHAPTEK    85. 

RESOLVE    IMPOWERING    SAM^-    NASH,    GUARDIAN,    TO    SELL    AN   ESTATE 
AND    MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Samuel  Nash  of  Abington  Guardian  of  Joshua, 
Gideon  and  Mary  Brimhall  minors  Children  of  Samuel  and  Mary 
Brimhall  late  of  said  Abington  deceased  Setting  forth,  That  the 
said  minors  are  siezed  in  right  of  their  said  mother  of  half  an  acre 
of  Land  with  half  an  old  House  thereon  which  is  very  much  out  of 
repair,  and  that  the  said  minors  have  no  Estate  to  repair  the  same. 
And  praying  that  he  may  be  impowered  to  make  sale  of  the  premises 
for  the  benefit  of  the  said  Children. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  hereby  is  accordingly  impowered  to  make 
sale  of  the  half  House  and  half  acre  of  Land  in  his  Petition  men- 
tioned for  the  most  the  same  will  fetch,  and  make  and  execute  a 
good  sufficient  Deed  or  Deeds  thereof,  provided  he  observe  the  rules 
of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  adminis- 
trators and  give  security  to  the  Judge  of  Probate  for  the  County 
of  Plymouth  that  the  proceeds  of  said  sale  shall  be  applied  for  the 
use  and  benefit  of  the  said  Children.      [Passed  April  15. 


CHAPTEE    86, 


Legislative 
Records  of  the 
Council,  xxix., 
157. 

Legislative 
Records  of  the 
Council,  xxix., 
107.    House 
Journal,  pp.  97, 
98, 143. 


RESOLVE  ACCEPTING  REPORT  OF  THE  COMMITTEE  APPOINTED  TO  BURN 
GOVERNMENT  SECURITIES,  AND  DISCHARGING  THE  PROVINCE  TREAS- 
URER    OF   £89,304.  10. 

The  Committee  appointed  to  repair  to  the  Treasurers  and  take 
an  account  of  the  Government  Securities  and  see  them  burnt  and 
consumed  to  ashes,  having  attended  that  Service  and  received  of 
M'  Treasurer  Gray  Government  Securities  payable  in  June  1771 
Eighty  four  thousand  six  hundred  and  forty  eight  pounds,  the 
Interest  paid  thereon  four  thousand,  six  hundred  and  fifty  six 
pounds,  ten  shillings,  making  in  the  whole  Eighty  nine  thousand 
three  hundred  &  four  pounds,  ten  shillings,  which  we  have  seen 
burnt  and  consumed  to  ashes. 

Treasurers  office  Feb^'  21.  1772  John  Eeving  ^  Order 


[2d  Sess.]     Province  Laws  (Besolvee,  etc.).  — 1771-72.  577 

Read  and  accepted  and 

Resolved  that  the  Treasurer  be  and  hereby  is  discharged  of  the 
aforesaid  Sum  of  Eighty  nine  thousand,  three  hundred  and  four 
pounds,  ten  shillings.      [Passed  April  15. 


CHAPTER    87. 

RESOLVE   IMPOWERING   JA^   SHEPARD,  GUARDIAN    TO   SELL  LAND    AND 
MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  James  Shepard  Guardian  of  Joseph  Trumble  a  Legislative 
minor  Son  of  Joseph  Trumble  late  of  Enfield  deceased     Setting  g^™^*?"  xxixt 
forth  That  at  the  desire  of  the  mother  and  other  near  Relations  he  is7. 
hath  placed  the  said  minor  as  an  apprentice  to  an  apothecary;  in  House Jour- 
doing  of  which  he  was  obliged  to  engage  a  Sum  of  money  to  his  province  ' 
master      That  the  said  minor  is  the  owner  of  a  homelot  in  the  cifa^^'io.' ^^^' 
Township  of  Sandisfield  in  this  Province  being  homelot  N°  nine 
containing  about  forty  acres  which  is  all  the  Estate  left  him  by  his 
said  Father     and  praying  that  he  may  be  impowered  to  make  sale 
thereof  to  enable  him  to  support  and  Educate  the  said  minor. 

[Read  and] 

Resolved  on  the  foregoing  Petition  that  the  Petitioner  be  and  he 
is  hereby  licensed  and  impowered  to  make  sale  of  the  forty  acre  lot 
in  his  Petition  mentioned  for  the  most  it  will  fetch  and  to  make  and 
execute  a  sufficient  Deed  or  Deeds  of  bargain  and  sale  thereof;  he 
first  giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Berkshire  by  Bond  of  the  Sum  of  double  the  supposed  value  of 
the  said  lot  of  Land  and  executed  not  only  by  the  said  Petitioner 
but  also  by  good  Sureties  residing  in  and  belonging  to  this  Province, 
and  Conditioned  that  the  said  Petitioner  apply  the  proceeds  of  the 
said  sale  first  for  the  payment  of  the  debts  of  the  said  deceased,  if 
any  remain  unpaid,  and  the  residue  for  the  benefit  of  the  said  minor 
as  in  his  Petition  mentioned;  and  that  the  overplus,  if  any  there 
be,  be  put  to  Interest  for  the  said  Minor  and  paid  to  him  when  he 
shall  ari'ive  to  the  age  of  twenty  one  years;  and  that  the  Petitioner 
observe  the  rules  and  directions  in  the  sale  of  the  same  which  are 
prescribed  by  Law  to  be  observed  by  Executors  &  administrators 
in  the  sale  of  Real  Estates.     {^Passed  April  15. 


CHAPTER    88. 

RESOLVE    IMPOWERING    THE    GUARDIANS    OF    LYDIA    SQUINN,    INDIAN, 
TO   SELL   LAND. 

A  Petition  of  Lydia  Squinn  of  Middleborough  Indian  Woman  Legislative 
Setting  forth  That  she  is  justly  indebted  to  M'  John  Fryes  of  the  g^nclf, °" x*, 
said  Town  and  has  about  five  acres  and  three  quarters  of  wild  Land  isa.  Mass. 
lying  near  to  the  said  Fryes,  for  which  he  is  willing  to  allow  her  xxxiii.,6'42. 
what  may  be  thought  reasonable.  And  praying  that  she  may  be  Mass. 
enabled  to  make  sale  of  the  said  Land,  under  the  inspection  of  her  xxxiii^'^Mi. 
Guardians,  to  pay  her  Debts.  House  Jour. 

TT.       1         m  nal,  pp.  134, 139. 

[Read  andj  Province 

Resolved  that  the  Prayer  of  said  Pitition  be  Granted  and  the  said  ^ha^^76,"ot^.^' 


578 


Province  Laws  [Mesolves,  etc.).  — 1771-72.     [Chaps.  89-92. J 


Gardans  '  are  Impowered  to  sell  said  Land  agreable  to  a  Law  of  this 
Province  In  that  Cace  made  and  Provided  and  Execute  a  Good  and 
Lawfull  Deed  of  the  same.     [Passed  April  15. 


CHAPTER    89. 

RESOLVE  ALLOWING   £800  TO   THE   JUSTICES. 

EecordB'of  the  Besolvecl,  That  the  Sum  of  Eight  hundred  pounds  be  granted  and 
Council,  xxix.,  allowed  out  of  the  publick  Treasury,  to  the  honorable  the  Justices 
Archives?'  of  of  '  the  Superior  Court  of  Judicature,  Court  of  Assize,  and  Gen- 
'^^'"■'  '''-^-  eral  Goal  Delivery,  for  the  faithful  Discharge  of  their  Trust  for  one 

House  Jour-      Year,  ending  the  first  Day  of  January  last.     [Passed  April  16. 


Legislative 

Records  of  the 
Council,  xxix., 
159.    Mass. 
Archives,  civ., 
605. 

House  Jour- 
nal, p.  Hi. 


CHAPTEE    90. 

RESOLVE   ALLOWING   £267   TO   THE   TREASURER. 

Resolved.,  That  the  Sum  of  Two  hundred  &  Sixty  seven  pounds 
be  granted  and  allowed  to  be  paid  out  of  the  publick  Treasury  to 
the  honorable  Harrison  Gray  Esq'  Treasurer  and  Receiver-General 
of  his  Majesty's  Revenues  of  this  Province  for  one  Year's  Service, 
ending  the  Twenty  third  of  December  last.     [Passed  April  16. 


CHAPTER    91 


Legislative 
Records  of  the 
Council,  xxix., 


House  Jour- 
nal, p.  142. 


RESOLVE  ALLOWING  4/  PER  DIEM  TO  THE   SPEAKER. 

In  the  House  of  Representatives. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
public  Treasury  the  Sum  of  four  shillings  per  diem,  to  the  hon"'" 
Thomas  Gushing  Esq'  Speaker  of  this  House  for  every  day  of  his 
attendance  in  the  General  Court  from  the  opening  of  the  Session 
on  the  twenty  ninth  of  May  1771  over  and  above  his  pay  as  a  mem- 
ber of  this  House. 

In  Council,  Read  and  Concurred.      [Passed  April  15. 


Legislative 
Records  of  the 
Council,  xxix., 
159. 

House  Jour- 
nal, p.  112. 


CHAPTER    92. 

RESOLVE   ALLOWING   £90   TO  THE   CLERK   OF   THE    HOUSE. 

In  the  House  of  Representatives 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
public  Treasury  to  M'  Samuel  Adams  the  Sum  of  ninety  pounds 
for  his  Service  as  Clerk  of  this  House  during  the  several  Sessions 
of  the  General  Court  in  the  current  year. 

In  Council,  Read  and  Concurred.     [Passed  April  15. 


[2d  Sess.]     Province  Laws  (iJesoZues,  ete.).  — 1771-72.  579 


CHAPTEK    93. 

RESOLVE   ALLOWING    £110   TO   THE   MESSENGER. 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas-  Legislative 
ury  to  M'  William  Baker  Messinger  to  the  General  Assembly  the  ^IZ^^^^iiL 
Sum  of  One  hundred  and  ten  pounds  in  consideration  of  his  faith-  i''Q- 
ful  services  to  his  Excellency  the  Governor,  the  Council  and  House  House  Jour- 
of  Kepresentatives  one  year  ending  in  May  next.     [^Passed  April  15.  ^^''^' 


CHAPTEK    94. 

RESOLVE   ALLOWING    £4   TO   THE   CHAPLAIN   OF   THE   TWO   HOUSES.        Legislative 

Kecords  i)t  tlie 

Resolvd  that  there  be  allowd  &  paid  out  of  the  publick  Treasury  m^Mas'^s!''^" 
to  the  Rev"  Doctor  Nathaniel  Appleton  the  Sum  of  four  pounds  for  J^^|^"^!j?i, 
his  Services  as  Chaplin  to  the  two  Houses  of  this  Assembly  during  ^^^'^Jj'^^^ 
the  present  Session.     [Passed  April  15.  nai,  i).  142. 


CHAPTEE    95. 

RESOLVE   ALLOWING    £200   TO   THE   PRESIDENT   OF  HARVARD  COLLEGE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
publick  Treasury  the  Sum  of  Two  hundred  pounds  to  the  Reverend  ^"^^^^''^^^^^ 
&!"■  Samuel  Lock,  President  of  Harvard-College,  over  and  above  the  ^^|,'^^j*'£^^- 
Rents  of  Massachusetts-Hall,  for  his  Services  for  one  Year,  commenc-  ivu'i.,  597.' 
ing  the  Twenty  first  of  March  last,  to  be  paid  Quarterly.      [Passed  House  .Tour- 
April  15.  """^^  P-  "'• 

CHAPTEE    96. 

RESOLVE   ALLOWING    £100    TO    THE   PROFESSOR    OF    MATHEMATICS    AT 
HARVARD   COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid   out   of  Legislative 
the  Public  Treasury  to  John  Winthrop  Esq'  Hollisian  Professor  of  coundi,  xxix , 
Mathematicks  and  Natural  Philosophy  at  Harvard  College  in  Cam- 


bridge the  Sum  of  one  hundred  pounds  as  a  Gratuity  in  consid-  ^jfi^jf  i^o"""" 
eration  of  his  faithful  discharge  of  the  great  and  important  trust 
reposed  in  him  for  one  year,  ending  the  thirteenth  day  of  January 
last.     [Passed  Ajjril  15. 


CHAPTEE    97. 

RESOLVE    ALLOWING    £80   TO    THE    PROFESSOR    OF    DIVINITY  AT   HAR- 
VARD  COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
Public  Treasury  to  M' Edward  Wigglesworth  Hollisian  Professor  of  Jfc*;™"!",  xxi'i':. 
Divinity  at  Harvard  College  in  Cambridge  the  Sum  of  Eighty  pounds  is". 


580 


Province  Laws  {Resolves,  etc.).  — 1771-72.     [Chaps.  98-101.] 


HoQse  Jour- 
nal, p.  142. 


as  a  Gratuity  in  consideration  of  his  faithful  discharge  of  the  great 
and  important  trust  reposed  in  him  for  one  year  ending  the  twenty 
fifth  day  of  January  last.      \^Passed  April  15. 


CHAPTER    98. 

RESOLVE   ALLOWING    £40   TO   THE   PROFESSOR  OF   HEBREW    AT    HAR- 
VARD   COLLEGE. 


Legislative 
Records  of  the 
Council,  xxix.. 


House  Jour- 
nal, p.  U2, 


Resolved  that  there  be  granted  &  allowed  to  be  paid  out  of  the 
public  Treasury  to  M'  Stephen  Sewall  Hancock  Professor  of  the 
Hebrew  and  other  Oriental  Languages  at  Harvard  College  in  Cam- 
bridge the  Sum  of  Forty  pounds  as  a  Gratuity  in  consideration  of 
his  faithful  discharge  of  the  great  and  important  trust  reposed  in 
him  the  last  year.     [^Passed  April  15. 


CHAPTER    99. 


Legislative 
Records  of  the 
Council,  xxix., 
162.    Mass. 
Archives, 
Ixxx.,  696. 

House  Jour- 
nal, ij.  141. 


RESOLVE   ALLOWING   £150  TO   THE   COMMISSARY  GENERAL. 

Resolvd  that  there  be  allowd  and  paid  out  of  the  publick  Treas- 
ury to  the  Hon"  Thomas  Gushing  Esq'  Commissary  General  the 
Sum  of  One  hundred  &  fifty  Pounds  in  full  for  his  Services  for  one 
year.      [Passed  April  16. 


CHAPTER    100. 

RESOLVE  ALLOWING  £20  ADDITIONAL  TO  THE  PROFESSOR  OF  DIVINITY 
AT   HARVARD    COLLEGE. 


Legislative 
Records  of  the 
Council,  xxix., 
162. 

House  Jour- 
nal, p.  148. 
Ante,  p.  379, 
chap.  97. 


Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Rev**  Edward  Wigglesworth  Hollisian  Professor  of  Divin- 
ity at  Harvard  College  for  his  Services  in  addition  to  the  Grant  of 
Eighty  pounds  made  and  passed  yesterday,  the  Sum  of  Twenty 
pounds.     [Passed  Ajjril  16. 


CHAPTER    101. 

RESOLVE   CONFIRMING   A  TRACT   OF   LAND   TO   ANDREAS   GARNER. 


Legislative 
Records  of  the 
Council,  xxix., 
163.    Mass. 
Archives, 
cxviii.,  569. 

Mass. 
Archives, 
cxviii.,  .567-570. 
House  Jour- 
nal, pp.  126, 145. 
Province 
Laws,  xii.,  29, 
chap.  56;  245, 
chap.  273;  xiil., 
334,  chap.  249. 


A  Petition  of  Anderes  Garner  Setting  forth  That  when  the 
Indians,  who  lived  on  and  claimed  the  Lands  now  Sheffield,  made 
sale  thereof  to  the  English,  to  whom  the  General  Court  had  granted 
the  same,  they  reserved  for  themselves  a  Tract  in  said  Township  on 
the  West  side  of  Housatonnock  River  about  three  quarters  of  a  mile 
in  width  extending  from  the  said  Housatonnock  River  Westward  to 
a  mountain  called  Tauconnick  mountain;  which  said  reserved  Tract 
extends  not  only  through  the  Township  of  Sheffield,  but  extends 
West  of  Sheffield  West  line  eight  hundred  and  sixty  Rods  That 
part  of  said  reserved  Lands  lying  within  the  Township  of  Sheffield, 


[2d  Sess.]     Province  IjAyfS  {Resolves,  etc.).  —  \11\-12.  581 

the  Committee  for  settling  the  Indians  at  Stockbridge  exchanged 
for  some  rights  belonging  to  some  of  the  Proprietors  of  Upper 
Housatonnock  Township;  the  remainder  of  said  reserved  Lauds 
which  lay  West  of  Sheffield  West  line  and  between  said  line  and 
said  Taukonnick  mountain  the  Indians  gave  the  one  half  to  the 
Petitioner  and  the  other  half  to  one  John  Vanguilder  viz'  the  north 
half  to  the  Petitioner  and  the  South  half  to  the  said  Vanguilder  That 
afterwards  the  Petitioner  obtained  liberty  of  the  Court  of  General 
Sessions  of  the  peace,  and  took  a  Lease  of  the  Indians  for  ninety 
nine  years,  but  now,  after  forty  years  labour  on  the  said  Lands,  he 
is  told  that  his  Title  is  defective  That  the  Petitioners  Lease  does 
not  extend  to  the  said  Taukonnick  mountain  by  eighty  two  rods ; 
which  said  Tract  of  eighty  two  rods,  and  half  the  width  of  the  said 
reserved  Lands,  was  given  by  said  Indians  to  him  and  he  hath  been 
many  years  in  the  improvement  of  the  same.  And  praying  that  one 
half  viz'  the  north  half  of  said  reserved  Lands  lying  West  of  the 
West  line  of  Sheffield,  that  is  to  say,  twenty  seven  chains  and  thirty 
one  Links  in  breadth  on  the  north  side  of  the  said  reserved  Indian 
Land  extending  from  the  said  West  line  of  Sheffield  to  the  said 
Taukonnick  mountain,  where  the  known  West  boundaries  of  said 
reserved  Lands  do  terminate,  may  be  confirmed  to  him. 

[Read  and] 

Resolved  that  all  the  Eight  Tittle  and  interest  of  this  Province 
in  &  to  the  Said  tract  of  Land  Specified  in  &^  Petition  be  &  hereby 
is  granted  &  Confirmed  unto  the  Said  Anderes  Carner  his  Heirs  & 
assigns  forever,  provided  he  fulfill  &  perform  the  Conditions  of  the 
Said  Lease  According  to  the  tenor  thereof,  and  all  other  agreements 
made  between  S*  Carner  &  the  Indians  relative  thereto  or  any  part 
thereof.     \_Passed  April  16. 


CHAPTEK    102. 

VOTE   CHOOSING   THOMAS   CUSHING,  ESQ",  COMMISSARY  GENERAL. 

Pursuant  to  agreement  of  the  two  Houses  they  proceeded  to  Legislative 
the  choice  of  Civil  officers  for  the  present  year,  when  Thomas  Cush-  councir  xx^x'' 
ing  Esq^  was  chosen  the  officer  for  purchasing  Provisions  &c  for  the  les- 
several  Forts  and  Garrisons  by  a  major  part  of  the  Votes  of  the  Coun-  House  .lour- 
cil  and  House  of  Eepresentatives.     \^Passed  April  16.  ""''  ''■  ^*'*' 


CHAPTBE    103. 

vote   CHOOSING   JAMES   RUSSELL,  ESQ",  COMMISSIONER  OF  IMPOST. 

Pursuant  to  agreement  the  two  Houses  proceeded  to  the  choice  Legislative 
of  Civil  officers  for  the  present  year,  when  James  Russell  Esq'  was  Records  of  the 

hr^            .     .                >T             ,1                  .                     rt    ,       ^           T              UounclL  XXIX., 
osen  Commissioner  or  Impost  by  a  major  vote  of  the  Council  and  les^ 

House  of  Representatives.     [Passed  April  16.  House  Jour- 

nal,  p.  148. 


582  Province  Laws  (i?e5oZyes,ete.).  — 1771-72.  [Chaps.  104, 105.] 


CHAPTER    104. 

ORDER    DIRECTING    THE    PROVINCE    TREASURER    TO    GIVE    BOND    FOR 
THE   FAITHFUL  DISCHARGE   OF   HIS  DUTIES. 

Re^'rds'of  the  ^^  ^'^®  Ilouse  of  Representatives. 

Council,  xxix.,       Ordered,  That  no  Person  who  shall  be  chosen  by  this  Court  into 

ArchWes^^civ.,  the  Office  of  Treasurer  and  Receiver-General  for  this  Province  for 

^ the  present  year,  shall  be  esteemed  duly  qualified  to  enter  upon  the 

House  Jour^  Execution  of  that  Office,  until  he  shall  first  have  an  Oath  admin- 
149,' fsi'.  Jnte!  istred  to  him  for  the  faithful  Performance  of  the  Trust  of  his  said 
p!  6sli  chap."'  Office,  and  shall  give  Bond  with  sufficient  Sureties,  to  the  Accept- 
M9-   '  ance  of  a  committee  to  be  appointed  by  this  Court  to  Judge  in 

their  behalf  both  of  the  Sufficiency  of  y^  suretys  and  of  Such  bond, 
in  the  Sum  of  Fifty  Thousand  pounds  Lawful  money,  to  the  three 
eldest  Councellors  of  this  Province,  for  the  Time  being,  who  are 
hereby  appointed  a  Committee  in  behalf  of  the  Province,  and  espe- 
cially authorized  to  take  y''  s**  bond  to  themselves  to  j"  use  of  y^ 
Province:  Which  Bond  shall  be  conditioned  for  such  Treasurers 
duly  and  faithfully  discharging  the  Duty  of  his  Office,  according 
to  Law;  and  for  his  rendering  an  Account,  when  and  so  often  as 
he  shall  be  required  by  the  General  Court  of  all  and  any  such  Sum 
or  Sums  of  money  Securitys  and  other  estate  of  this  Province  as  he 
shall  from  Time  to  Time  receive  or  be  possessed  of  to  y"  use  of  y"" 
s^  province,  and  for  his  well  and  truly  paying  and  delivering  to  his 
Successor  in  said  Office,  or  to  any  other  Person  that  may  be  ap- 
pointed by  the  General  Court  to  receive  the  same,  all  such  Sum  or 
Sums  of  Money  Securitys  or  other  estate  of  the  s"*  province  as  upon 
such  Settlement  of  his  said  Accounts,  or  otherwise,  shall  be  found 
due  and  payable  from  him  to  the  Province  or  for  which  he  shall  be 
found  accountable  and  it  is  also 

Ordered,  that  in  case  Such  bond  Shall  not  be  put  in  Suit  within 
Three  years  from  y*^  date  thereof  it  Shall  be  Void  and  of  none  effect. 
And  that  M'  Hancock  &  M'  Adams  with  such  as  the  honorable  Board 
shall  join,  be  a  Committee  to  Judge  of  the  Sufficiency  of  the  the ' 
bond  to  be  taken  as  afores**  and  of  such  as  may  offer  to  become 
Sureties  for  the  Treasurer  as  aforesaid. 

In  Council  Read  &  Concurred  &  Ja°  Russell  Esq'  is  Joined. 
[Passed  April  16. 

CHAPTER    105. 

RESOLVE  DIRECTING  THE  TRUCKMASTER  AT   FORT  POWNALL  TO  GIVE 
BOND    WITH   SURETIES. 

Recordfof  the  Resolved  that  no  Person  who  shall  be  Chosen  by  this  Court  into 
Council,  xxix.,  the  Office  of  Truckmaster  for  Fort  Pownal  for  the  Present  Year 
Archivra,°cxx.,  Shall  be  Esteemed  Diily  Qualified  to  Enter  upon  the  Execution  of 

6^"- .  that  Office  until  he  shall  first  have  an  Oath  administred  to  him  for 

House  Jour-  his  faithful  Performance  of  the  Duty  of  His  Said  Office  And  Shall 
7n/ra,''p.  684,  '  Give  Boud  witli  Sufficient  Sureties  to  the  Province  Treasurer  to  His 
chap.  no.  Acceptance  in  the  Sum  of  one  thousand  Pounds  Lawful  money  which 

Bond  shall  be  Conditioned  for  Such  Truckmasters  truly  and  faith- 
fully Discharging  the  Duty  of  his  Office  according  to  such  Instruc- 
•  Sic. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.). —  1771-72.  583 

tions  as  he  Shall  Receive  in  his  Said  office  and  for  his  Rendering 
an  account  and  paying  in  all  Ballances  which  shall  be  Due  from 
him  to  the  Commissary  General  (appointed  by  the  General  Court) 
when  and  so  often  as  he  Shall  be  by  Said  Commissary  Gen'  there- 
unto Required.     \^Passed  April  16. 


CHAPTEE    106. 

RESOLVE   ALLOWING   THE   ACCOUNT   OF   THE    TREASURER    OF    BRISTOL 
COUNTY. 

The  ACCOUNT  of  George  Godfrey  Esq'  Treasurer  of  the  County  Legislative 
of  Bristol  being  laid  before  the  Court  for  allowance,  the  following  coSncn°  °xix^, 
Order  passed  thereon  viz'  '^^ 

Whereas  it  appears  upon  examination  of  said  account  that  all  the  House  jour. 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the       "PP-    ■ 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  enabled  said  Court  to  grant     therefore 

Resolved  that  said  account  be  allowed.     [Passed  April  17. 


CHAPTER    107. 

RESOLVE  ALLOWING   £65   TO   REV  MR.   ELI  FORBES. 

A  Petition  of  the  Rev**  Eli  Forbes  of  Brookfield     Praying  an  Legislative 
allowance  of  his  account  for  Boarding,  Cloathing  and  Instructing  councif  xxix" 
three  Mohawk  Children  (put  under  his  care  by  the  Government)  i69.   Mass. 
from  the  8  day  of  April  last  to  the  2"*  day  of  Septem''  following  and  xxxiu.,  550. 
two  of  them  from  the  2''  day  of  Septem'  last  to  the  13  instant     and  Mass.  ' 

representing  that  one  of  the  said  Mohawks  who  remains  with  him  xxxu^^ms 
is  a  young  man  well  acquainted  with  farming  business  and  able  to  House  iour- 
maintain  himself  without  obstructing  the  benevolent  design  of  his  151.' "^^nte' ^^  ' 
Education,  but  is  not  willing  to  labour  while  he  is  supported  from  p- 489,  chap.  60. 
another  quarter     and  praying  the  directions  of  this  Court  respect- 
ing him. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  So  far  Granted 
as  that  there  be  paid  to  the  Petitioner  out  of  the  Interest  on  S'  Peter 
Warrens  Donation  the  Sum  of  of '  Sixty  five  pounds  In  full  Dis- 
charge of  His  account  for  boarding  Cloathing  &  Instructing  the 
Indian  Children  in  his  petition  mentioned  until  the  13""  Day  of 
April  Instant.  &  further 

Resolved  that  the  Said  M'  Forbes  be  allowed  to  put  the  young 
man  mentioned  in  his  Petition  to  the  Business  of  Husbandry  So 
as  to  Earn  his  own  Subsistance  (unless  the  Said  M'  Forbes  Should 
think  proper  to  return  him  to  his  Frinds)  And  that  he  make  no 
further  Charge  for  him  on  the  aforementioned  Donation  until  the 
further  order  of  this  Court.     {^Passed  A2)ril  17. 


584 


Province  Laws  (i?esoZt;es,e<c.).  — 1771-72.  [Chaps.  108-110.] 


CHAPTEE    108 


RESOLVE  CONFIRMING  300  ACRES  OF  EQUIVALENT  LAND  TO  THE   HEIRS 
OF  EDWARD   PARK. 


Legislative 
Records  of  the 
Council,  xxix., 


146.  Province 
Laws,  XV.,  Ua, 
chap.  232, 


A  Petition  of  Edward  Durant  and  others  Heirs  of  Edward  Park 
late  of  Newton  deceased  Setting  forth  That  in  the  year  1754  the 
General  Court  granted  to  the  said  Edward  Park  three  hundred  acres 
of  the  unappropriated  Lands  in  the  Province  and  directed  him  to 
return  a  plan  thereof  in  one  year;  but,  the  said  Edward  Park  soon 
after  died,  and  his  Heirs  being  under  age  'till  very  lately,  no  Plan 
of  the  said  Land  has  been  returned  until  this  time  and  praying 
that  the  Plan  thereof  exhibited  with  their  said  Petition  may  be  con- 
firmed to  them. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Plan  hereunto  annexed  of  three  hundred  acres  of  Land  delineated 
and  described  as  follows  viz'  begining  at  Green  &  Walkers  Grant 
and  runing  Easterly  on  the  northerly  line  of  Colrain  487  rods  to  a 
Stake,  then  the  line  runing  136  rods  northerly  by  the  Province  Land 
to  the  north  line  of  the  Province  to  a  stake,  then  runing  Westerly 
on  the  Province  line  253  rods  to  Uxbridge's  Grant,  thence  South- 
erly by  Uxbridge's  Grant  124  rods,  thence  runing  Westerly  by  Ux- 
bridge's Grant  226  rods  to  Green  and  Walkers  Grant,  thence  runing 
Southerly  by  Green  and  Walkers  Grant  49  rods  to  the  line  first  men- 
tioned, be  accepted  and  hereby  is  confirmed  unto  the  Heirs  of  Edward 
Park  deceased  within  named  and  to  their  Heirs  and  assigns  forever 
in  lieu  of  and  full  satisfaction  for  the  loss  of  Laud  the  within  named 
Edward  Park  was  ejected  out  of,  by  the  Proprietors  of  the  common 
and  undivided  Lands  in  Dunstable;  provided  that  it  doth  not  exceed 
the  quantity  of  three  hundred  acres,  nor  interfere  with  any  former 
Grant.      [^Passed  April  17. 


Legislative 
Records  of  the 
Council,  xxlx., 
171. 


CHAPTEE    109. 

VOTE   CHOOSING   HARRISON  GRAY,  PROVINCE   TREASURER. 

Pursuant  to  the  agreement  of  the  two  Houses  they  proceeded 
to  the  choice  of  Civil  officers  for  the  present  year  when  Harrison 
Gray  Esq'  was  chosen  Treasurer  and  Receiver  General  for  the  Prov- 
ince by  a  major  vote  of  the  Council  and  House  of  Representatives. 
{^Passed  April  17. 


CHAPTEE    110, 


VOTE  CHOOSING  M"  JEDIDIAH   PREBLE   TRUCK  MASTER  AT  FORT  POW- 
NALL. 

Legislative  The  TWO  HOUSES  according  to  agreement  proceeded  to  the  choice 

coSncli'xx^ix",  of  Civil  offices  for  the  present  year,  when  M'  Jedediah  Preble  was 
i^i-  chosen  Truckmaster  for  Fort  Pownall  by  a  major  vote  of  the  Coun- 

HouscTour.      ^^  ^mj  Housc  of  Representatives.     [Passed  April  17. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  585 


CHAPTER    111. 

VOTE   CHOOSING   NOTARIES   PUBLIC. 

The  two  Houses  accordiug  to  agreement  proceeded  to  the  choice  Legislative 
of  Civil  officers  for  the  present  year,  when  the  undermentioned  Per-  councif,  xxix^, 

sons  were  chosen  public  notaries  by  a  major  Vote  of  the  Council  and  ^jli 

House  of  Eepresentatives.  House  Jour. 

■^  nal,  pp.  149  bis, 

Suffolk  For  the  Port  of  Boston      .         .         •  { ^:  g:^^;^^!;^;?,,,  ''"'''''"'■ 

r  Salem        ......     John  Nutting  Esq"" 

I  Ipswich      ......     M""  Samuel  Sawyer 

Essex  \  Marblehead M'  Thomas  King 

Newbury William  Atkins  Esq' 

[  Glocester Daniel  AVitham  Esq"" 

Middlesex         Charlestown      .....     M""  Nathaniel  Gorham 
Plymouth  Plymouth M""  Ephraim  Spooner 

{Barnstable Solomon  Otis  Esq^ 
Falmouth  .....  M""  Joseph  Parker 
M'  Winslow  Lewis 

Bristol (  Jerathnieel  Bowers  Esq' 

I  Elisha  Tobey  Esq' 

Dukes  County  Edgartown M'  John  Pease  jun' 

Nantucket M'  Stephen  Hussey 

{York Daniel  Moulton  Esq' 
Kittery Charles  Chauncey  Esq' 
Wells John  Wheelwright  Esq' 

Cumberland      Falmouth  ......     M'  Jonathan  Webb 

Lincoln M'  Thomas  Moulton 


^Passed  Ajiril  17. 


CHAPTER    112. 

RESOLVE   GRANTING  TO   ELISHA  BENT  LICENSE   TO   KEEP  AN  INN. 

Upon  the  Petition  of  Elijah  Bent  praying  that  the  Justices  of  Legislative 
the  Court  of  General  Sessions  of  the  peace  for  the  County  of  Mid-  councif,  xx'i.xt 
dlesex  may  be  itnpowered  to  grant  him  a  License  to  keep  an  open  ^^^- 


Tavern  in  the  House  in  which  he  now  dwells  in  Sudbury  at  their  ^'^^^ 

c,        .  "^  Archives,  cxi.. 

next  Session.  ee?.   House 

Resolved  that  the  prayer  be  granted,  and  that  the  said  Justices  pp"uo,'i4i. 
be  and  hereby  are  impowered  accordingly;  the  Petitioner  first  ob- 
taining the  approbation  of  the  Selectmen  of  the  Town  of  Sudbury, 
the  time  by  Law  for  granting  Licenses  in  said  County  being  elapsed 
notwithstanding.     [Passed  April  17. 


CHAPTER    113. 

RESOLVE   CONFIRMING  ALL  THE   PRIVATE   OR    TOWN    WAYS    IN    THE 
TOWN  OF  BROOKFIELD. 

A  Petition  of  Jedediah  Foster  Agent  for  the  Town  of  Brookfield  Legislative 
Praying  that  all  the  private  or  Town  ways  in  said  Town  may  be  con-  coSncu^  xxix^, 

iirmed  as  such,  notwithstanding  they  were  not  particularly  inserted  ^I!: 

in  the  Warrants  for  calling  the  meetings  in  which  they  were  sever-  House  Jour, 
ally  granted  and  intended  to  be  confirmed  by  said  Town ;  provided  '^^'  ' 
the  Selectmen  and  Town  have  proceeded  agreable  to  Law  in  all 


58(3 


Province  Laws  {Resolves, etc.).  — 1771-72.     [Chap.  114.] 


other  respects  relative  to  such  ways  and  satisfaction  hath  been  made 
for  the  same. 

[Kead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  all  the  private  or  Town  ways  within  the  Town  of  Brookfield 
are  and  shall  be  hereby  confirmed,  notwithstanding  they  were  not 
particularly  inserted  in  the  Warrants  for  calling  the  meetings  in 
which  they  were  severally  granted  and  intended  to  be  confirmed  by 
said  Town ;  provided  always  that  the  Selectmen  and  the  Inhabitants 
of  said  Town  have  proceeded  agreable  to  Law  in  all  other  respects 
relative  to  such  ways,  and  satisfaction  hath  been  made  for  such 
Ways  to  the  persons  through  whose  Land  the  same  were  laid. 
[Passed  April  17. 


CHAPTEK    114. 


RESOLVE  IMPOWERING  ELISHA  NILES,  ADMINISTRATOR,  TO  SELL  REAL 
ESTATE. 


RifordBofthe  ^  PETITION  of  Elisha  Niles  of  Braintree  Setting  forth  That 
Council,  xxix.,  as  administrator  of  the  Estate  of  Silas  Hunt  late  of  said  Braintree 
-^ deceased  Intestate  he  has  paid  of  the  debts  of  the  Intestate  and  for 

House  Jour-         ■  -   -  .       .  _ .  —  .       _ 


Laws,  il.,  151, 
chai).  10. 


na°i"p|  iXuo,  the  support  of  his  three  Children  the  Sum  of  £28.18.4  more  tlian 
141.'  Province'  the  personal  Estate  was  sufficient  to  discharge  That  as  administra- 
tor on  the  Estate  of  Silence  Hunt  Widow  of  the  Intestate  he  has 
paid  the  Sum  of  £8.2.7  more  than  the  Personal  Estate  which  came 
into  his  hands.  That  the  sale  of  a  part  of  the  said  Silence's  Real 
Estate  cannot  be  made  without  peculiar  prejudice  to  the  said  Intes- 
tates Estate  as  it  is  included  in  the  body  of  the  Estate  and  con- 
sists partly  of  the  buildings.  And,  as  the  Heirs  to  both  Estates  are 
the  same,  Praying  that  he  may  be  impowered  to  make  sale  of  so 
much  of  the  said  Silas  Hunt's  Real  Estate  as  shall  be  sufficient  to 
discharge  the  aforesaid  Sums  and  charges  of  Sale. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  make  sale  of  so  much  of  the  said  Orphans  Real  Estate  as  shall 
be  sufficient  to  discharge  his  account  of  thirty  seven  pounds  and 
eleven  pence  and  the  necessary  charges  of  the  sale;  provided  he 
shall  sell  such  part  of  the  same  as  shall  be  least  injurious  to  the 
whole  and  shall  give  sufficient  security  to  the  Judge  of  Probate  for 
the  County  of  Suffolk  that  he  will  duly  account  for  the  proceeds 
of  such  sale,  and  shall  observe  the  rules  and  directions  of  the  Law 
for  the  sale  of  Real  Estates  by  Executors  and  administrators,  then 
and  in  such  case  he  shall  be  hereby  enabled  to  make  and  execute  a 
good  and  sufficient  Deed  or  Deeds  of  such  part  as  he  shall  sell  as 
aforesaid.     [Passed  April  17. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  587 

CHAPTEK    115. 

RESOLVE  GRANTING  200  ACRES    OF  LAND   TO  THE   REV"  GEO.  THROOP. 

A  Petition  of  a  number  of  the  Inhabitants  and  Proprietors  of  a  Legislative 
Tract  of  Land  called  Tyringham  Equivalent     Setting  forth     That  coSnc*! f  x x* x* 
they  have  with  great  difficulty  and  expence  settled  the  Tract  of  Land  m-  Mass!  "  ' 
aforesaid,  and  that  their  situation  is  such,  occasioned  by  the  rough-  64i?  "^^'^"■• 
ness  of  the  Land,  that  it  is  impossible  for  them  to  join  with  any  ^[^^ 
other  Society  in  Religious  Worship     That  they  have  settled  in  the  ^JJ'''^'h™' ^'^•• 
Gospel  ministry  M'  George  Throop  who  came  well  recommended  Journal, 
to  them;  but,  being  few  in  number  and  poor  in  Estate  and  having  ??•  i^o,  154, 155. 
no  Public  Lands,  as  other  new  plantations  have,  they  are  unable  to 
give  him  a  settlement     That  there  is  a  Tract  of  Province  Land  ad- 
joining to  said  Plantation  called  Furness's  Grant  containing  four 
hundred  acres,  which  would  greatly  accommodate  M'  Throop     and 
praying  that  the  said  Tract  of  Land  may  be  granted  to  the  said  M' 
Throop  in  lieu  of  Settlement. 

[Read  and] 

Resolved  that  two  Hundred  Acres  of  the  Unappropriated  Land 
called  Furness"  Grant  belonging  to  the  Province  in  the  plantation 
called  Tyringham  Equivalent  Lying  at  one  End  or  side  thereof  be 
granted  to  M"^  George  Throop  in  consideration  of  his  Pious  Labours 
among  a  Number  of  Poor  People  in  said  Plantation  to  have  &  to 
hold  to  him  his  Heirs  and  Assigns  on  Condition  he  continue  to 
preach  the  Gospel  to  them  for  five  years  yet  to  come  or  shall  con- 
tinue with  them  untill  his  Death  in  Case  it  happen  within  five  years 
he  to  Lay  out  the  same  with  a  Surveyor  &  chainman  under  Oath  & 
return  a  plan  thereof  to  this  Court  within  one  Year  for  Confirma- 
tion.    [Passed  April  18. 


CHAPTEK    116. 

RESOLVE  ALLOWING   £60  AND   FURTHER  SUMS   TO   JN"  THOMAS. 

A  Petition  of  John  Thomas  Keeper  of  the  Light  House  on  the  Legislative 
Gurnet  at  the  entrance  of  Plymouth  Harbour     Praying  an  allow-  counnf  xx'ix^ 
ance'  for  his  last  years  Service  which  expired  on  the  14  day  of  its.  Mass". 
Novem''  last,  and  also  a  reimbursement  of  the  expence  he  has  been  i^v*!!",'!!?.' 
at  for  Fuel  at  the  said  Light  House.  u^. 

[Read  and]  Archives, 

Resolved  that  the  sum  of  Sixty  Pounds  be  Allowed  and  paid  out  House  jout- 
of  the  Publick  Treasury  to  John  Thomas  Esq'  for  his  Service  as  ?(?o'.' Trovince' 
Keeper  of  the  Light-House  on  the  Gurnet  for  one  year  Ending  the  ^ 'tl^' ilnVe""^' 
14th  q£  November  last.  Also  the  further  Sum  of  Eighteen  Pounds  p.  500,  chap.' 78. 
Sixteen  shillings  for  Twenty  Cords  of  Wood  and  Charkcoal  Expended 
at  said  Light  House  and  the  further  Sum  of  Two  pounds  omitted  in 
his  last  account.     [Passed  April  21. 


588 


Province  "Lavi^  {Resolves, etc.).  — 1771-72.  [Chaps.  117-119.] 


CHAPTER    117. 

RESOLVE  ALLOWING  £60  AND  A  FURTHER  SUM  OF  £17.  2  TO  ROB''  BALLS. 

Elford8"of  the       ^  PETITION  of  Robert  Balls  Keeper  of  the  Light  House  in  the 
Council,  xxix.,  Harbour  of  Boston     Praying  an  allowance  for  his  last  years  service 

-^ which  expired  on  the  19  day  of  November  last  and  compleated  his 

nail'ppl'iasrise,  thirty  eighth  year  of  keeping  the  said  Lighthouse ;  and  also  a  reim- 
^^k-f'chiv  82  bursemeut  of  the  sum  of  seventeen  pounds  two  shillings  which  he 
■    ■  advanced  for  281^^  Cords  of  Wood  for  the  benefit  of  the  Light. 
[Read  and] 

Resolved  that  the  Sum  of  Sixty  pounds  be  allowed  and  paid  out 
of  the  public  Treasury  to  Robert  Balls  for  his  service  as  Keeper  of 
the  Light  House  in  the  Harbour  of  Boston  for  one  year  ending  the 
19  of  November  last;  also  the  further  Sum  of  Seventeen  pounds 
two  shillings  for  twenty  eight  Cords  and  an  half  of  Wood  which  he 
provided,  all  which  was  expended  at  said  Light  house.  [Passed 
April  21. 


CHAPTER    118, 


RESOLVE   ALLOWING  THE   ACCOUNT   OF    GUARDIANS    OF    THE    DUDLEY 
INDIANS. 


Legislative 
Records  of  the 
Council,  xxix., 
179.    Mass. 
Archives, 
xxxlii.,551. 

Mass. 
Archives, 
xxxUl.,  552. 
House  Jour- 
nal, pp.133, 147. 
Province 
Laws,  xvi.,  241, 
chap.  76,  note. 


The  Committee  appointed  to  consider  the  accounts  of  the  Guar- 
dians of  Indians  report  on  the  account  of  the  Guardians  of  the  Dud- 
ley Indians  viz'  That  they  are  right  cast  and  well  vouched,  and  that 
the  said  Guardians  have  received  since  their  last  settlement  in  April 
1770  eighteen  pounds  and  have  paid  for  said  Indians  use  and  benefit 
for  nursing,  provisions,  Cloathing  &c  thirteen  pounds,  sixteen  shil- 
lings, and  that  the  said  Guardians  are  in  advance  the  sum  of  Seven 
pounds,  fourteen  shillings  and  six  pence  two  farthings. 

Samuel  Phillips  ^  Order. 

Read  and  accepted.     \^Passed  April  21. 


CHAPTER    119 


Legislative 
Records  of  the 
Council,  xxix., 


House  Jour- 
nal, p.  164. 


RESOLVE   ALLOWING   £140  TO  THE   SECRETARY. 

Resolved,  That  the  Sum  of  One  hundred  and  Forty  pounds  be 
granted  and  allowed  to  be  paid  out  of  the  publick  Treasury,  to 
the  honorable  Thomas  Flucker  Esq'  Secretary  of  this  Province,  for 
his  Services  ordinary  and  extraordinary,  for  one  year  Ending  the 
Eleventh  day  of  March  1773.     [Passed  April  21. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  589 


CHAPTER    120. 

RESOLVE  ALLOWING   £44.  10.  2  TO   THE    COMMITTEE    FOR   APPRAISING 
PROVINCE   LANDS. 

In  the  House  of  Representatives  LegisiatiTe 

Whereas  Capt  Thomas  Denny  John  Whitcomb  Esq'  and   Capt  councu'xx'x^ 
Benjamin  White  of   Brookline  were  in  the  last  Session  Directed  }^J' i,i"''''°' 
by  this  House  to  Repair  to  the  western  parts  of  this  Province  and  cxviii.,  eo'i. 
view  and  apprise  all  the  lands  in  the  Countys  of  Hampshire  and  Maes. 
Berkshire  which  have  not  been  Disposed  off  by  order  of  the  Gen-  xiv^.'S 
eral  Court  which  Service  they  have  performed  and  have  presented  ^''^'^.'^"^1,5, 
there  account  for  allowance  Coudcu,  xxix., 

Resolved  that  there  be  paid  to  them  as  foUoweth  viz  Jounmi!™^ 

To  Tho'  Denny  fifteen  pounds  for  twenty  five  Days  Expenees  &c  vv- 1''^'  i*". 
To  John  Whitcomb  Esq"'  thirteen  pounds  four  Shillings  for  Twenty 
two  Days  Expence  &c 

To  Benjamin  White  fifteen  pounds  twelve  shillings  for  Twenty 
six  Days  Expenees  &c  and  to  the  said  Com"'^  fourteen  Shillings  and 
two  pence  half  peny  for  what  they  paid  pilots  being  in  the  whole 
forty  four  pounds  ten  shillings  and  Two  penc  half  peney  in  full 
Discharge  of  of '  their  several  accounts  aforesaid 
In  Council 
Read  &  Concurred.'    [Passed  April  21. 


CHAPTER    121. 

RESOLVE  IMPOWERING  DANIEL  GRAY  AND  JONATHAN  CUNNINGHAM, 
GUARDIAN,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  RE- 
GARD  TO   THE   PROCEEDS. 

A  Petition  of  Daniel  Gray  in  behalf  of  his  Son  Lamond  Gray,  and  LegiBiative 
of  Jonathan  Cunningham  Guardian  of  Archibald  Forbes,  minors    Set-  oouncu,  xxL\^, 
ting  forth     That  Archibald  Lamond  late  of  Spencer  in  the  County 


of  Worcester  Husbandman  deceased  by  his  last  Will  and  Testament  ^a°"™''i^s'"i62 
gave  unto  his  Wife  Margaret  the  improvement  of  his  Real  Estate  Province 
during  life,  and  after  her  decease  gave  the  same,  except  five  acres  Jifapf 'lo." '^^' 
of  meadow,  to  his  Grandsons  Archibald  Lamond,  John  Ilarman, 
Archibald  Forbes  and  Lamond  Gray  to  be  equally  divided  among 
them  That  the  said  Real  Estate  is  out  of  repair  and  the  improve- 
ment of  it  insufficient  for  the  Widows  support  That  the  said  Archi- 
bald Lamond  and  John  Harman  are  of  age  and  desii'ous  to  sell  their 
parts  in  the  said  Estate.  And  praying  that  they  may  be  impowered 
to  make  sale  of  the  said  minors  parts  in  the  same  Estate,  also ;  the 
said  Widow  to  have  the  Interest  of  the  proceeds  thereof  during  life ; 
and  after  her  death  the  same  to  be  disposed  of  agreable  to  the  Will 
of  the  Testator. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  be  and  they  hereby  are  fully  impowered  to  join 
with  the  Heirs  to  the  Estate  within  mentioned  who  are  of  full  age  and 
make  sale  of  their  respective  Wards  right  in  the  same  and  make  and 
execute  a  good  and  sufficient  Deed  or  Deeds  thereof,  they  observing 


590 


Province  JjAW s  (Besolves,  etc.).  — 1771-72.     [Chap.  122.] 


the  rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates  by  Ex- 
ecutors &  admin"  and  giving  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Worcester  that  the  proceeds  of  said  sale  shall 
be  applied  for  the  purposes  hereafter  mentioned  viz'  that  tlie  Widow 
shall  have  the  use  of  the  whole  during  her  natural  life,  and  at  her 
decease  the  said  Children  shall  have  their  parts  or  shares  of  the  said 
principal  paid  them  in  the  same  proportion  as  they  could  hold  and 
enjoy  the  same  Estate  in  case  it  had  not  been  sold,  provided  always 
that  the  debts  of  the  deceased  are  first  all  paid  and  discharged. 
[Passed  April  31. 


CHAPTER    122. 

RESOLVE  IMPOWERING  MARY  AND  LUCY  MARSHALL,  GUARDIANS,  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 


House  Jour, 
nal,  pp.  152, 15: 
Province 
Laws,  ii.,  151, 
chap.  10. 


RecOTds'o?the  -^  PETITION  of  Mary  Marshall  of  Boston  Widow  Guardian  to  her 
Council,  xxLx.,  two  Children  John  and  Policy,  and  of  Lucy  Marshall  of  said  Bos- 
ton AVidow  Guardian  to  her  only  Child  Samuel  Marshall  Setting 
forth  That  their  Husbands  Samuel  Marshall  and  John  Marshall 
deceased  at  the  time  of  their  deaths,  together  with  their  Brother 
William  Marshall  of  Philadeljihia  mariner,  were  Tenants  in  common 
of  a  dwelling  house  in  Cold  Lane  in  Boston,  which  is  incapable  of 
a  Division  That  the  said  William  Marshall  hath  left  a  power  of 
attorney  to  sell  his  third  part  thereof  because  the  House  is  so  greatly 
out  of  repair  that  the  cost  of  repairing  it  would  far  exceed  the  Rents. 
That,  for  the  same  reason,  the  Petitioners  apprehend  it  would  be 
most  beneficial  to  their  Children  also  to  dispose  thereof  and  pray- 
ing that  they  may  be  impowered  to  make  sale  of  their  Childrens 
shares  in  the  premises. 
[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  im- 
powered to  make  sale  of  tlieir  several  Childrens  parts  or  shares  in 
the  Estate  in  their  Petition  mentioned  for  the  most  the  same  will 
fetch,  and  make  and  execute  a  good  and  sufficient  Deed  or  Deeds 
thereof,  they  observing  the  rules  and  directions  of  the  Law  for  the 
sale  of  Real  Estates  by  Executors  and  administrators  and  severally 
giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Suffolk  that  the  proceeds  of  said  sale  shall  be  put  to  Interest  for 
the  benefit  of  their  respective  Children,  and  that  the  principal  and 
Interest  aforesaid  shall  be  paid  them  respectively  when  they  shall 
arrive  at  full  age  in  such  proportion  as  they  could  hold  by  Law  in 
case  the  same  Estate  had  not  been  sold;  provided  always  that  if 
there  be  any  debts  of  their  respective  Husbands  deceased  due  from 
said  Estate  they  shall  be  first  paid  &  discharged  out  of  the  proceeds 
of  said  sales  respectively.     [Passed  April  21. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  591 


CHAPTER    123. 

RESOLVE  IMPOWERING  JOB  SWIFT,  ADMINISTRATOR,  AND  MARY  PAY- 
SON  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO  THE  PROCEEDS. 

A  Petition  of  Job  Swift  administrator  of  the  Estate  of  Henry  LegiBiative 
Payson  late  of  Stoughtonham  Yeoman  deceased  Intestate,  and  of  J^o™^„'?f  °*,,' 
Mary  Payson  Widow  of  the  said  deceased    Setting  forth    That  the  ^ 


said  deceased  died  siezed  of  about  fifty  acres  of  Land  mostly  wild  House  jour. 
and  unsubdued,  with  a  small  dwelling  house  thereon,  which  has  province' 
been  appraised  at  the  sum  of  £86.13.4     That  the  said  deceaseds  Jifap!'io.'' '^'' 
just  debts  amount  to  the  Sum  of  £47     and  to  sell  so  much  of  said 
Land  as  shall  be  sufficient  to  pay  the  Creditors  will   render  the 
remainder  of  very  little  value  and  in  a  great  measure  ruin  the 
whole      That  the  said   Widow  has  now  four  small    daughters  to 
provide  for  (the  eldest  about  five  years  old)  and  is  herself  in  a 
very  weak  state  of  health,  which  renders  her  condition  very  diffi- 
cult    That  it  is  the  opinion  of  judicious  Persons  that  know  the 
place,  and  the  circumstances  of  the  Family,  that  if  the  whole  might 
be  sold  together,  it  would  iuhance  the  value  of  it,  and  be  a  great 
relief  to  the  distress'd  Widow  and  Children  of  the  said  deceased 
And  praying  that  they  may  be  impowered  to  make  sale  of  the  whole 
of  the  Eeal  Estate  aforesaid;  they  to  be  accountable. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted  and 
that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  im- 
powered to  make  sale  of  the  whole  of  the  Estate  in  their  Petition 
mentioned  for  the  most  the  same  will  fetch,  and  make  and  execute 
a  good  and  sufficient  Deed  or  Deeds  thereof,  they  observing  the 
rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  ad- 
ministrators and  giving  sufficient  security  to  the  Judge  of  Probate 
for  the  County  of  Suffolk  that  the  proceeds  of  said  sale  shall  be 
applied  as  followeth  viz'  that  the  Widow  shall  have  the  use  of  one 
third  part  thereof  in  lieu  of  Dower  during  her  natural  life,  and  at 
her  decease  the  same  shall  be  paid  to  the  Children  of  the  deceased 
or  their  legal  Representatives  in  the  same  proportion  as  they  could 
by  Law  inherit,  and  the  other  parts  shall  be  applied  first  to  pay  the 
just  debts  of  the  deceased,  and  the  remainder,  if  any  be,  shall  be 
put  to  Interest  for  the  benefit  of  said  Children.     [^Passed  April  21. 


CHAPTER    12.t, 


ORDER  ALLOWING   BENJ'^  CUDWORTH   A   REHEARING   OF   AN   ACTION. 

The  Committee  appointed  the  17""  instant  on  the  Petition  of  Legislative 
Benjamin  Cudworth   [for  a  new  trial   of  an  action]  reported,  as  Sc'if,  xxixt 

their  unanimous  opinion,  that  the  Petitioner  be  allowed  a  rehear-  ^!L 

ing  of  the  action  mentioned  in  his  Petition;  whereupon  the  follow-  £<^si8iative 

•„„/-ii  i*t  ^  Kecorcis  of  the 

ing  Order  passed,  viz'  Council, 

Read  and  accepted  and  thereupon  xxS!!'3i,%, 

Ordered  that  the  Petitioner  Benjamin  Cudworth  be  allowed   a  Jio'u^^^'jJSi.^''^- 

rehearing  of  the  action  mentioned  in  his  Petition.  And  the  Justices  nal^pp.  iss.'^isv, 

164, 16S. 


592 


Province  Laws  {Resolves,  ete.).  — 1771-72.  [Chaps.  125,  126.] 


of  the  Superior  Court  of  Judicature  &c  are  hereby  fully  authorized 
and  impowered  at  their  next  Term  at  Boston  in  and  for  the  County 
of  Suffolk,  on  the  last  Tuesday  in  August  next  to  hear  and  try 
said  action,  make  up  Judgment  and  award  Execution  accordingly. 
{Passed  April  22. 


CHAPTER    125. 


Legislative 
Records  of  the 
Council,  xxix., 
ISS.    Mass. 
Arcliivcs, 
xxxiii.,  546. 


Archives, 
xxxiii.,  545. 
House  Jour- 
nal, pp.  159, 163, 


RESOLVE  CONFIRMING  THE   SALE  OF   160  ACRES  OF  LAND   TO    SAJIUEL 
BROWN,  JUN",  AND   WILLIAM   GOODRICH. 

A  Petition  of  Joseph,  Benjamin  and  David,  Sons  of  Benjamin 
Kokhkewenaunaut  [Sauquethquath],  of  Stockbridge  in  the  County 
of  Berkshire  Indians  Setting  forth  That  their  said  Father  died  in 
November  last,  in  debt  about  one  hundred  pounds  lawful  money  That 
the  said  deceased  left  the  Petitioners,  among  other  Estate,  a  Tract 
of  Land  lying  near  six  miles  from  the  meeting  house  in  Stockbridge 
containing  about  one  hundred  &  sixty  acres  unimproved  which,  at 
their  desire,  Timothy  Woodbridge  Esq''  has  sold  to  Samuel  Brown 
jun' and  William  Goodrich  for  £120;  and  has  undertaken  to  dis- 
charge their  said  Fathers  debts  thereout  and  apply  the  remainder, 
to  their  use.  And  praying  that  the  said  Tract  of  Land  may  be  con- 
firmed to  the  said  Samuel  Brown  jun'  and  William  Goodrich. 

[Bead  and] 

Resolved  that  the  prayer  thereof  be  Granted  and  the  Deed  of  the 
Tract  of  Land  in  their  Petition  mentioned  is  and  shall  be  hereby 
Confirmed  to  them  the  Said  Samuel  Brown  Ju'  and  William  Good- 
rich and  the  Said  Tract  of  land  of  about  One  hundred  &  Sixty  acres 
by  Said  Deed  Conveyed  Shall  be  holden  by  the  Said  Samuel  &  Wil- 
liam their  heirs  &  assigns  for  Ever  in  fee  (provided  the  Said  Ben- 
jamin had  a  title  thereto)  Provided  also  that  the  purchase  money 
in  the  petition  mentioned  Shall  be  applied  to  the  payment  of  Such 
Just  Debts  of  the  Said  Benjamin  Deces'^  as  the  Said  Timothy  Wood- 
bridge  Esq'  Shall  think  Reasonable  to  pay  and  the  Remainder  if 
there  be  any) '  be  applied  by  the  Said  Timothy  for  the  Benifet  of 
the  Petitioners.     [Passed  April  22. 


CHAPTEE    126, 


Legislative 
Records  of  the 
Council,  xxix., 
189.    Mass. 
Archives, 
xxxiii.,  544. 

Mass. 
Archives, 
xxxiii.,  543. 
House  Jour- 
nal, pp.  159, 164, 


RESOLVE   IMPOWERING  CATHERINE,  INDIAN  WOMAN,  TO   SELL  LAND. 

A  Petition  of  Catharine,  Widow  of  an  Indian  man  belonging 
to  Stockbridge  whose  name  was  Jehoiakim  Shouhnockhock  alias 
Wcome  °  Setting  forth  That  the  said  Jehoiakim  had  in  his  life  time 
a  grant  of  a  Wood  lot  made  to  him  of  fifty  acres,  which  was  laid 
out  to  him  accordingly ;  and  that  he  died  without  Children  That 
the  Petitioner  is  advanced  in  years,  a  cripple,  and  has  no  way  to 
support  herself  under  her  infirmities.  And  praying  liberty  to  dis- 
pose of  the  Tract  of  Land  aforesaid  for  that  purpose. 

[Read  and] 

Resolved  that  the  Prayer  thereof  be  Granted  and  that  the  Peti- 

'  Sic  as  to  parenthesis. 

'  Query?  Yokum.     See  Province  Laws,  xvi.,  275,  cilap.  166. 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1771-72.  593 

tioner  be  allowed  to  Sell  the  fifty  acres  of  land  in  her  Petition  men- 
tioned and  make  and  Execute  a  good  &  Sufficient  Deed  or  Deeds  of 
the  Same  to  Such  purchaser  or  purchasers  his  her  or  their  heirs  & 
assigns  forever  to  be  holden  in  fee  provided  always  Such  Bargain 
Sale  and  Conveyance  be  made  under  the  Special  &  Immediate  Direc- 
tion of  Timothy  Woodbridge  Esq'  And  the  proceeds  thereof  Shall 
be  Applied  by  him  for  her  Comfort  &  Support  according  to  his 
Discretion  he  to  be  accountable  for  what  may  not  be  so  Expended 
in  her  lifetime.     [Passed  Ajjril  22. 


CHAPTER    127. 

RESOLVE    IMPOWERING    JABEZ    WICKET,   INDIAN,  TO    SELL    LAND    AND 
MAKING   PROVISION    IN    REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Jabez  Wicket  Indian  Planter  of  Plymouth     Set-  Legislative 
ting  forth     That  he  is  the  sole  Proprietor  of  a  piece  of  Land  lying  councu,  xxix'?, 
at  the  East  side  of  the  Herring  Pond,  so  called,  in  said  Plymouth,  ^JchWes^' 
which  is  wholly  surrounded  by  the  Lands  of  Eleazer  Ellis  and  Josiah  xxxiii.,  sss. 
Ellis  containing  about  three  acres  and  lies  at  a  distance  from  his  Mass. 
dwelling  House  and  other  Land  and  yields  him  at  present  but  little  xxxiiiTfsh. 
profit.  And  praying  that  he  may  be  impowered  to  make  sale  thereof  ^ai^pp'^ise'^iea 
to  enable  him  to  support  his  Family,  which,  at  present,  he  is  unable  no' 
to  do,  by  reason  of  his  bodily  indisposition  and  of  Sickness  in  his 
Family. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  Granted  and  that  the  peti- 
tioner be  and  he  accordingly  is  hereby  fully  Impowered  to  make 
Sale  of  the  three  acre  Tract  of  land  in  his  Petition  mentioned  for 
the  most  the  Same  will  fetch  and  make  and  Execute  a  Good  and 
Sufficient  Deed  or  deeds  thereof  to  the  purchaser  or  Purchasers 
which  Shall  hold  the  Same  to  Such  purchaser  or  Purchasers  their 
heirs  and  assigns  for  Ever  provided  always  that  the  Said  Jabez  is 
Sole  proprietor  thereof  And  that  the  Said  Jabez  Do  the  Same  under 
the  Immediate  Direction  of  M'  Stephen  Nye  and  that  the  pro- 

ceeds of  Such  Sale  be  put  into  the  hands  of  the  Rev'*  M'  Abraham 
Williams  of  Sandwich  to  be  by  him  applied  for  the  Support  of  the 
Said  Jabez  and  his  Family  according  to  his  best  Discretion  the  Said 
Abraham  Williams  to  be  accountable  for  the  Same.    [Passed  April  22. 


CHAPTER    128. 

RESOLVE     CONFIRMING    A    PLAN    OF  AN    EQUIVALENT    TOWNSHIP    TO 
CAP''  JOSHUA  FULLER  AND   OTHERS. 

A  Plan  of  a  Township,  laid  out  in  pursuance  of  a  Grant  made  Legislative 
to  Cap'  Joshua  Fuller  and  others  in  June  last,  was  presented  for  councif  xx'ix*^ 
allowance  whereupon  the  following  Order  passed  viz'  '"    -->•-•  ■• 


taining  the  Contents  of  Six  Miles  and  One  Quarter  Square,  (Exclu-  ^^^, 

sive  of  the  Allowance  of  One  thousand  nine  hundred  Acres  for  the  ^'''"S-^'^^i  g,,. 

River  &  Ponds  in  Said  Township;  and  Eight  hundred  &  forty  Acres  Hcmse'jour- 


594  Pkovince  Laws  (i?esoZves,  efc.).  — 1771-72.     [Chap.  129.] 

i6(i'?6-'^^i'\^'  ^'^^  Swag  of  Chain,  being  one  thirtieth  part  thereof)  bouuded  as 
p. 537,  chap.  12.  followeth,  beginning  at  a  heap  of  Stones  at  the  South  west  Corner, 
running  North  73  Deg'  East  fifty  one  Chains  and  thirty  links  to 
little  Amarascoggin  River,  thence  by  said  River,  One  hundred  and 
fourteen  Chains  to  a  AVhite  Pine  Tree  on  the  Easterly  Side  of  said 
River,  thence  North  43  Deg'  East,  three  hundred  and  forty  Chains 
to  a  Spruce  Tree  on  Sylvester  Canada  line,  thence  North  -i  Deg* 
West  five  hundred  &  forty  two  Chains  to  a  Stake  and  Stones,  thence 
South  68  Deg.  30  minutes  West,  five  hundred  twenty  Seven  Chains, 
thence  South  1-4  Deg.  East  Six  hundred  Eighty  Eight  Chains  to 
the  heap  of  Stones  first  mentioned  Granted  in  June  A.D.  1771  to 
Capt.  Joshua  Fuller  and  others  mentioned  in  their  petition,  be 
Accepted  and  hereby  is  Confirmed  to  the  said  petitioners  their 
heirs  and  Assigns  forever  they  Complying  with  the  following  Con- 
ditions, Viz'  the  Grantees  within  Seven  years  Settle  Sixty  families 
in  said  Township,  build  a  house  for  the  Public  Worship  of  God  and 
Settle  a  learned  Protestant  minister,  and  lay  out  one  Sixty  fourth 
part  for  the  first  Settled  minister,  one  Sixty  forth  part  for  the  use 
of  the  ministry,  one  Sixty  fourth  part  for  the  use  of  a  School,  and 
one  Sixty  fourth  part  for  the  use  of  Harvard  College  forever.  Pro- 
vided it  doth  not  exceed  the  Quantity  aforementioned  nor  interfere 
with  any  former  grant.     [Passed  April  22. 


CHAPTEK    129. 

RESOLVE    CONFIRMING    A    PLAN    OF    A    TOWNSHIP    TO    DAVID    PHIPS, 
ESQ",  AND    OTHERS. 

Legislative  A  Plan  of  a  Township,  laid  out  in  pursuance  of  a  Grant  made 

Records  of  the    ^      t->      •  i    7-.1  ■         t^      r  i       ii  •        t  i      .l  i.    j    j 

CouDcsi, xxix.,  to  David  Phips  Esq    and  others  in  June  last,  was  presented  for 
Archives^'        allowance;  whereupon  the  following  Order  passed  viz'. 
cxTjii.,  604.  Resolved  that  the  Plan  of  the  Townshijj  hereunto  Annexed.  con- 

Maps  and  taiuing  the  Contents  of  Six  Miles  and  Three  Quarters  square  (Ex- 
xiv.^^s.  '^''  elusive  of  the  Allowance  of  One  Thousand  Acres  for  Swag  of  Chain 
nai"pp''i38'^i64  ^"^^  T^vio  Thousand  Acres  for  Ponds  &  Rivers)  Bounded  as  Followeth. 
167.'  Ante',  '  Beginning  at  a  Pine  Tree  on  the  Westerly  side  of  Amarascoggin 
p.  ,c  p.  .  jji^^gj.^  Thence  across  said  River  on  The  Head  Line  of  a  Township 
Granted  to  Samuel  Livermore  and  others  Due  East  Two  Hundred 
and  Thirty  Two  Chains  Twenty  Five  Links  to  a  Stake  and  Stones, 
thence  North  on  Province  Land  Five  Hundred  and  Twelve  Chains 
to  a  heap  of  Stones,  thence  West  on  Province  Land  Three  Hundred 
and  Eighty  Eight  Chains  to  a  heap  of  Stones,  thence  South  Forty 
Three  Deg''  West  Five  Hundred  and  Thirty  Two  Chains  On  Prov- 
ince Land  to  a  Pine  Tree,  thence  south  Nineteen  Deg-'  East  on 
Province  Land  Two  Hundred  and  Sixty  Chains  to  a  stake  and 
stones,  thence  on  Province  Land  in  part,  and  in  part  on  the  Town- 
ship aforementioned  to  the  Pine  Tree  first  mentioned.  Granted  in 
June  A.D.  1771  to  David  Phips  Esq'  and  other's  mentioned  in  their 
Petition,  be  Accepted  and  hereby  is  confirmed  to  the  said  Petitioners 
their  Heirs  and  Assigns  forever,  they  Complying  with  the  Follow- 
ing Conditions.  Yiz^  The  Grantees  within  seven  years  Settle  Eighty 
Families  in  said  Township,  build  a  house  for  the  Publick  Worship 
of  God,  and  settle  a  Learned  Protestant  Minister,  and  Lay  out  one 
Eighty  Fourth  Part  for  the  First  settled  Minister,  one  Eighty  Fourth 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  595 

Part  for  the  use  of  the  Ministry,  one  Eighty  Fourth  Part  for  the 
Use  of  a  School,  and  one  Eighty  Fourth  part  for  the  use  of  Harvard 
College  Forever.  Provided  it  doth  not  exceed  the  Quantity  afore- 
mentioned nor  Interfere  with  any  Former  Grant.    \^Passed  April  22. 


CHAPTER    130. 

RESOLVE    CONFIRMING    A    PLAN    OF    AN    EQUIVALENT    TOWNSHIP    TO 
SAM"-  LIVERMORE   &   OTHERS. 

A  Plan  of  a  Township,  laid  out  in  pursuance  of  a  Grant  made  Legislative 
to  Samuel  Livermore  Esq'  and  others  in  June  last,  was  presented  couScff,  xxix^, 
for  allowance  whereupon  the  following  Order  passed  viz'  Areui^e^s^^' 

Resolved  that  the  Plan  of  the  Township  hereunto  Annexed  con-  cxviii.,  6U6. 
taining  The  Contents  of  Six  Miles  and  Three  Quarters  Square  (Ex-  siapsanci 
elusive  of  the  Allowance  of  one  Thousand  Acres  for  swag  of  Chain  xivTiL^'^" 
being  one  30""  part  Three  Thousands  and  Forty  Two  Acres  for  ^°,"''*®  ■\°3^'";„4 
Ponds  and  Elvers)  Bounded  as  Followeth  Viz'  Beginning  at  a  heap  i67.'^^«<e,'     ' 
of  Stones  on  the  Westerly  Side  Amarascoggin  River  at  the  North  p- 537, chap.  is. 
Easterly  Corner  of  a  Township  called  Sylvester  Canada,  Thence  North. 
Sixty  Four  Deg''  AVest  one  Thousand  and  Forty  One  Poles  to  the 
Corner,  thence  North  Two  Thousand  one  Hundred  Ninety  and  Four 
Poles  to  the  Corner,  Thence  North  Sixty  Five  Deg''  East  One  Thou- 
sand One  Hundred  and  Four  Poles  to  Amarascoggin  River,  Thence 
East  Seven  Hundreds  and  Seventy  Nine  Poles,  across  the  aforesaid 
River  to  the  Corner  Thence  south  Three  Thousands,  one  Hundred 
and  sixty  Eight  Poles  to  a  Pile  of  Stones  to  the  Corner,  thence 
Eight  Hundreds  and  Eighty  Two  Poles  to  the  Corner  First  Men- 
tioned    Granted  in  June  AD  1771   to  samuel  Livermore  Esq'  and 
his  Associates,  mentioned  in  their  Petition  be  Accepted  and  hereby 
is  confirmed  to  the  said  Petitioners  Their  Heirs  and  Assigns  For- 
ever, They  Complying  with   the   Following   Conditions   Viz'  The 
Grantees  within  seven  Years  settle  Sixty  Families,  in  said  Town- 
ship, Build  a  House  for  the  Publick  Worship  of  God,  and  settle  a 
Learned  Protestant  Minister,  and  Lay  out  one  Sixty  Fourth  Part 
for  the  First  settled  Minister,  one  Sixty  Fourth  Part  for  the  Use 
of  the  Ministry,  one  Sixty  Fourth  Part  for  the  Use  of  a  school,  one 
Sixty  Fourth  Part  for  the  Use  of  Harvard  College  Forever  Provided 
it  doth  not  exceed  the  Quantity  aforementioned  nor  Interfere  with 
any  former  Grant.      [Passed  Ajjril  22. 


CHAPTER    131. 

RESOLVE    IMPOWERING    JOHN   EPHRAIM,  INDIAN,  TO    SELL    LAND    AND 
MAKING  PROVISION  IN   REGARD   TO  THE   PROCEEDS. 

A  Petition  of  John  Ephraim  of  Natick  Indian  Proprietor     Set-  Legislative 
ting  forth     That  he  is  now  about  sixty  three  years  of  age,  has  been  councif,  xxix*!, 
exercised  with  the  Gout  and  other  infirmities,  hj  reason  whereof  and  ^rchWes^' 
of  Sickness  and  Deaths  in  his  Family,  he  is  indebted  to  sundry  per-  xxxiii.,  sk. 
sons  in  about  the  Sum  of  forty  pounds     That,  his  labour  being,  at  Maps, 
present,  at  an  end  by  reason  of  a  broken  and  disjointed  Wrist,  he  xxxHiIfsss. 


596 


Province  Liaws  (Resolves,  etc.) .  — 1771-72.  [Chaps.  132,  133.] 


House  Jour- 
mil,  pp.  61, 01!, 
164, 170.    Ante, 
p.  572,  chap.  78. 


is  unable  to  discharge  his  debts  (which  are  daily  encreasing)  with- 
out the  sale  of  Lands.  That  he  has  several  parcels  of  out  Lands, 
under  no  improvement,  and  at  a  distance  from  his  Homestead  and 
praying  that  he  may  be  impowered  to  make  sale  thereof  to  enable 
him  to  discharge  his  said  debts,  and  for  his  future  use  and  benefit. 

[Eead  and] 

Resolved,  that  the  prayer  of  the  petitioner  be  Granted,  &  that  the 
said  John  Ephraim  be  &  hereby  is  Impowered  (with  the  advise  & 
under  the  Direction  of  the  Guardians)  to  Hell  all  his  out  Lands.  »& 
to  Give  Good  &  Sufficient  Deed  or  Deeds  in  Law:  the  money  aris- 
ing by  Such  Sale  to  be  applied  by  said  Guardians  to  y^  Immediate 
payment  of  the  petitioners  Debts:  &  the  overplus  if  any  therebe 
to  be  put  at  Interest  on  Good  Security  by  s**  Guardians  for  y*^  benefit 
of  y*"  petitioner  &  famaly.     [Passed  Ajjril  22. 


Legrislative 
Records  of  the 
Council,  xxix., 
195.    Mass. 
Archives, 
xxxiii.,  556. 

Mass. 
Archives, 
xxxiii.,  555. 
House  Jour- 
nal, pp.  61, 92, 
165, 170.    Ante, 
p.  572,  chap.  78. 


CHAPTEE    132. 

RESOLVE    IMPOWERING    SARAH   &   DEB.   COMECHO,  INDIANS,  TO    SELL 
LAND   AND   MAKING   PROVISION   IN   REGARD   TO   THE    PROCEEDS. 

A  Petition  of  Sarah  Comecho  and  Deborah  Comecho  of  Natick 
Indian  Widows  Setting  forth  That  they  are  indebted  to  sundry 
Persons  in  small  Sums  and  their  labour  is  greatly  abated  by  Eheu- 
matick  disorders,  and  that  they  stand  in  need  of  some  present 
relief  That  they  have  two  fourths  of  twenty  five  acres  of  broken 
and  improved  Land  in  several  parcels  in  said  Natick.  And  praying 
that  they  may  be  imjDOwered  to  make  sale  thereof;  the  money  aris- 
ing thereby  to  be  applied  to  the  discharge  of  their  debts  and  towards 
their  future  support. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petitioners  be  Granted  &  that  the 
S'*  Sarah  &  Deborah  be  &  are  hereby  impower'd  with  the  advice  & 
under  the  Directions  of  the  Guardians,  to  Sell  their  Shares  of  the 
lands  in  the  Petition  mentiond,  &  to  Give  Good  &  Sufficient  Deed 
or  Deeds  in  law:  the  money  arising  by  Such  Sale  to  be  applyed  by 
S**  Guardians  to  the  Immediate  payment  of  the  Petitioners  Debts 
&  the  Over  plus  if  any  there  be  to  be  put  at  Interest  on  Good  Secu- 
rity by  S"  Guardians  for  the  benefit  of  the  Petitioners.  [Passed 
April  22. 


CHAPTEK    133, 


RESOLVE    GRANTING    399    ACRES    OF   LAND   TO   THE   PROPRIETORS    OF 
COLRALN. 


Legislative  A  PETITION  of  Isaac  Winslow  jun'  and  others  a  Committee  of 

Council",  xxix^,  the  Proprietors  of  the  undivided  Land  in  the  Town  of  Colrain  Set- 
ting forth  That  in  June  1765  the  General  Court  made  a  Grant  to 
the  said  Proprietors  of  one  hundred  and  forty  five  acres  of  Land  in 
lieu  of  so  much  they  prayed  a  consideration  for,  lost  by  runing  the 
line  between  this  Government  and  Newhampshire,  on  condition  that 
a  plan  of  said  Land  was  returned  into  the  Secretarys  office  in  twelve 
months  from  the  Grant ;     That  this  by  accident  was  not  complied 


House  Jour- 
nal, pp.  170, 171. 
Ante,  p.  44, 
chap.  84. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  597 

with,  and  that  since  on  a  Survey  of  the  Land  lost  to  the  Proprietors, 
it  appears,  it  contained  two  hundred  and  five  acres  That  the 

Gore  of  Land  belonging  to  the  Province  adjoining  the  said  Town 
and  from  which  the  Grant  to  the  Proprietors  was  made,  lays  wild 
and  unimproved  and  can  be  of  little  service  to  any  other  settlement. 
And  praying  that  they  may  be  admitted  to  purchase  the  said  Gore 
of  Land ;  consideration  being  had  to  their  loss  abovementioned. 

[Read  and] 

Resolved  that  there  be  and  hereby  is  granted  to  the  Proprietors  of 
the  Township  of  Colrain  a  Gore  of  Province  Land  containing  three 
hundred  ninety  and  nine  acres  lying  adjoining  to  Colrain,  bounded 
as  follows  viz'  northerly  on  the  Line  between  this  Province  and  New- 
hampshire.  Westerly  on  Land  granted  to  the  Heirs  of  Thomas  Park 
deceased,  Southerly  on  the  north  line  of  Colrain;  Two  hundred  and 
ten  acres  of  which  is  in  lieu  of  and  in  full  satisfaction  for  the  same 
quantity  of  acres  which  the  said  Proprietors  lost  by  the  runing  the 
line  between  this  Province  and  Newhampshire  and  for  the  remain- 
ing one  hundred  eighty  and  nine  acres  the  said  Proprietors  to  give 
Bond  to  the  Province  Treasurer  for  the  Sum  of  thirty  seven  pounds, 
sixteen  shillings  to  be  paid  in  one  year  with  Interest  for  the  same ; 
provided  nevertheless  that  the  said  Proprietors  shall  allow  the  per- 
son that  has  made  improvement  on  said  Land  full  satisfaction  for 
his  labour,  or  liberty  to  purchase  fifty  acres  of  said  Land  adjoining 
to  his  improvement  at  the  same  rate  as  the  said  Proprietors  pur- 
chased.    l^Passed  A2}ril  22. 


CHAPTEK    134. 


KESOLVE   ALLOWING   £100   TO   THE   TREASURER. 


A  Petition  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen-  Legislative 
eral  of  the  Province    acknowledging  with  gratitude  the  Grant  made  cSuncu  xx'ix 
him  for  his  common  services  the  year  past     and  praying  an  allow-  197. 
ance  for  his  extraordinary  services  the  same  time.  House  Jour- 

njno.l   oiirll  nal,  pp.  166, 174. 

[Keaa  anaj  _  ^iKe.p.  578, 

Resolved  that  there  be  allowed  and  paid  out  of  the  Province  Treas-  chap.  90. 
iiry  to  the  Hon*"'"  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen- 
eral for  this  Province  the  Sum  of  One  hundred  pounds  in  full  for 
his  extraordinary  Services  for  the  year  1771.      {^Passed  April  23. 


CHAPTEK    135. 

RESOLVE   GRANTING  TO   SAMUEL  PIERCE   CERTAIN   LAND. 

A  Petition  of  Samuel  Pierce  living  near  Hoosuck  mountain    Set-  LegisiativB 
ting  forth    That  there  is  a  Tract  of  Land  belonging  to  the  Province  councif,  x'xS:!, 

near  the  said  mountain  appraised  by  the  Committee  for  that  pur-  '^^ 

pose  appointed  at  four  pence  <^  acre,  which  he  is  desirous  of  pur-  House  Jour- 
chasing.  And  praying  that  he  may  be  allowed  to  purchase  the  said  173.' ''province' 
Tract  of  Land,  and  that  in  consideration  of  his  Services  in  making  ^sl^lfiap^"! 
and  repairing  a  Road  up  the  said  mountain,  an  abatement  may  be 


598 


Province  Laws  (i?eso7wes,  e<c.).  — 1771-72.  [Chaps.  136,  137.] 


made  him  in  the  price  thereof,  or  that  he  may  be  otherwise  recom- 
penced  for  his  Services. 

[Kead  and] 

Resolved,  that  all  the  right,  title  and  Interest  of  this  Province  in 
and  to  a  certain  piece  of  Land  lying  between  Charlemont  and  Deer- 
field  River,  bounded  East  on  Charlemont  West  line,  north  and  West 
on  ten  thousand  acres  granted  to  Cornelius  Jones  and  on  a  Brook 
called  Pelham  or  Jones's  Mill  Brook  and  Deerfield  River;  South  on 
said  River  and  Samuel  Pierces  Land;  he  the  said  Samuel  Pierce 
returning  a  Plan  thereof  taken  by  a  Surveyor  and  Chainmen  under 
Oath  at  the  next  Sessions  of  the  General  Court  for  confirmation, 
and  at  the  same  time  giving  security  to  pay  to  the  Province  Treas- 
urer what  the  same  may  amount  to  at  four  jDence  ^  acre,  and  also 
that  there  be  granted  to  the  said  Samuel  Pierce  fifty  acres  of  Land 
lying  under  Hoosuck  Mountain  on  the  West  side  of  Deerfield  River, 
as  it  hath  been  Surveyed  by  him,  in  consideration  of  his  Services 
in  making  and  repairing  a  Road  up  Hoosuck  mountain,  and  to 
enable  and  encourage  him  to  further  repair  said  Road ;  and  that  he 
return  a  plan  thereof  taken  and  returned  as  aforesaid  for  confirma- 
tion.    [Passed  April  33. 


Legislative 
Records  of  the 
Council,  xxix., 
'2U8.    Mass. 
Archives,  xiv., 
63U. 

Mass. 

Archives,  xiv., 
637.    House 
.Journal, 
lip.  146,  176. 
Ante,  p.  488, 
chap.  48. 


CHAPTEE    136. 

RESOLVE   ALLOWING   £20  TO  THE   TOWN   OF    PROVINCETOWN    AND    A 
FURTHER  SUM   OF   £25   UNDER  CONDITIONS. 

On  the  Petition  of  Stephen  Atwood  agent  for  and  in  behalf  of 
the  Town  of  Province  Town  on  Cape  Cod  [for  a  grant] 

Resolved  that  the  Usual  Sum  of  twenty  pounds  be  allowed  &  paid 
out  of  the  publick  Treasury  for  the  Use  of  the  Inhabitants  of  S'^ 
Town  to  enable  them  to  hire  preaching;  &  further 

Resolved  that  provided  Said  Inhabitants  Shall  Settle  a  protestant 
minister  in  S''  Town  &  have  him  ordained  over  a  church  in  that  place 
within  one  year  from  this  time  that  there  be  allowed  &  paid  out  of 
the  publick  Treasury  a  further  Sum  of  twenty  five  pounds  as  an 
encouragement  towards  Setling  the  Same,  the  afores"*  Grants  to  be 
paid  into  the  hands  of  y''  Rev''  Mr  Caleb  Upham  of  Truro,  for  the 
use  of  the  S"  Inhabitants.     [Passed  April  28. 


Legislative 
Records  of  the 
Council,  xxix., 
2U3.    Mass. 
Archives, 
cxviii.,  608. 

House  .Jour- 
n.al,  pp.  46.50, 
61, 176,  177. 
Ante,  p.  542, 
chap.  22. 


CHAPTEE    137. 

RESOLVE    CONFIRMING    A    GRANT    OF    A    TOWNSHIP    TO    JAMES   OTIS, 

ESQ.,  AND   MR.    NATHANIEL  GORHAM   &   OTHERS. 

A  Plan  of  a  Township,  laid  out  in  pursuance  of  a  Grant  made 
in  June  last  to  James  Otis  Esq''  and  others,  was  presented  for  allow- 
ance ;  whereujion  the  following  order  passed  viz' 

Resolved  that  the  Plan  of  the  Township  hereunto  Annexed,  Con- 
taining the  Contents  of  Seven  miles  Square,  (Exclusive  of  the  Allow- 
ance of  One  thousand  &  Eighty  Acres,  for  Swag  of  Chain  being  one 
thirtieth  part,  also  an  Allowance  of  three  thousand  &  Sixty  Acres, 
for  Ponds  in  said  Township)  bounded  as  followetli  beginning  at  the 


[2d  Sess.]     PROvracE  Laws  {Resolves,  etc.).  — 1771-72.  599 

Northwest  Corner  of  Raymond's  Town,  and  the  line  running  North- 
east ijartly  on  Raymond's  Town  &  partly  on  Province  land,  two  thou- 
sand nine  hundred  &  thirteen  rods  to  a  Corner,  thence  running  North 
25  Deg"  West,  two  thousand  five  hundred  &  twenty  rods  to  a  Corner, 
thence  South  65  Deg'  West  One  hundred  &  Ninty  five  rods,  thence 
North  25  Deg.  west  five  hundred  &  forty  rods  thence  South  65  Deg. 
West  One  thousand  two  hundred  &  Ninty  Six  rods  to  Bridge's  Town 
line,  thence  South  25  Degrees  East,  three  thousand  One  hundred 
&  Sixty  nine  rods,  thence  South  65  Deg.  West  One  thousand  four 
hundred  &  Eighty  rods,  thence  South  40  Deg'  East  nine  hundred 
&  thirty  rods  to  tlie  bound  mark  first  mentioned.  Granted  in  June 
A.D.  1771  to  the  Hon"^  James  Otis  Esq'  and  M'  Nathaniel  Gorham 
in  behalf  of  themselves  &  others  mentioned  in  their  Petition,  be 
Accepted  and  hereby  is  Confirmed  to  them  their  heirs  and  assigns 
for  ever,  in  lieu  of  and  in  full  Satisfaction  for  the  loss  of  lands  men- 
tioned in  their  petition,  by  running  the  line  between  tliis  Province 
&  the  Province  of  New  Hampshire;  they  Complying  with  the  fol- 
lowing Conditions  Viz  the  Grantees  within  Six  years  Settle  thirty 
Families  in  the  said  Town,  build  a  meeting  house  and  Settle  a  learned 
Protestant  Minister  and  lay  out  one  Sixty  fourth  part  of  said  Town- 
ship for  the  first  Settled  Minister,  one  Sixty  fourth  part  for  the  use 
of  the  Ministry,  and  one  Sixty  fourth  part  for  a  Grammar  School, 
and  one  other  Sixty  fourth  part  for  the  use  of  Harvard  College  for- 
ever provided  it  doth  not  exceed  the  Quantity  aforementioned  nor 
interfere  with  any  former  Grant.      \^Passed  April  28. 


CHAPTEE    138. 

RESOLVE   IMPOWERING  THE    PROPRIETORS  OF  DISTRICT   OF    MASHPEE 
TO   GRANT  LAND   TO  LEMUEL  ROWLAND. 

A  Petition  of  the  Proj^rietors  of  the  District  of  Mashpee  in  the  Legislative 
County  of  Barnstable    Setting  forth    That  a  few  years  ago,  at  their  cmmclf  xx'ix'^ 
request,  one  Lemuel  Howland  a  good  Carpenter,  plowmaker  and  206. 
Wheelwright  came  and  built  an  House  and  settled  upon  a  small  House  Jour- 
Gore  of  their  Land  lying  at  the  northerly  corner  of  the  said  District  n"'. pp- it's.  i77- 
at  a  place  called  AVakepee  and  bounded  north  24  degrees  West  by 
Sandwich  five  mile  line,  so  called,  and  Westerly  on  the  Cart  way 
that  leads  from  the  late  dwelling  house  of  Ezra  Bourn  Esq''  deceased 
to  Sandwich,  containing  about  ten  acres    That  the  said  Lemuel  has 
taken  great  pains  in  clearing  the  said  Land  and  been  at  great  ex- 
pence  in  erecting  buildings  thereon,  and  has  been  of  service  to  them 
in  the  business  of  his  Trade  aforementiond.  And,  as  they  are  loth 
to  part  with  him.  Praying  that  they  may  be  impowered  to  grant  him 
the  the '  said  Gore  of  Land. 

[Read  and] 

Resolved  that  the  Petitioners  have  power  and  hereby  are  enabled 
(at  a  meeting  of  said  propriety  to  be  called  for  that  purpose)  to  make 
a  Grant  of  the  Gore  of  Land,  mentioned  in  said  Petition,  to  the  said 
Lemuel  Howland  his  Heirs  and  assigns;  which  Grant  when  so  made, 
shall  be  good  and  sufBcient  in  Law  to  secure  and  confirm  the  said 
Gore  with  the  Buildings  and  appurtenances  thereunto  belonging  to 
the  said  Lemuel  Howland,  his  Heirs  and  assigns  forever  hereafter. 
[Passed  Api'il  24. 

'  Sic. 


600  Province  Laws  (i?esoZi'e5,efc.).  — 1771-72.   [Chaps.  139-141.] 

CHAPTBE    139. 

RESOLVE   ALLOWING   £100  TO  THE   SECRETARY. 

^egisiative^^        A  PETITION  of  Thomas  Flucker  Esq'  Secretary  of  the  Province 
Council,  xxix.,  Setting  forth     That  until  March  1765  it  liad  been  usual  for  the 

— General  Court  to  make  an  annual  Grant  to  the  Deputy  Secretary 

uecor'de'of  the  foi'  ^i^  scrvices,  but  that  a  Resolve  was  then  passed  by  the  House 

Council,  XXV.,    of  Representatives  that  all  Grants  for  the   support   of  said   office 

Journal,  p.  294  should  for  the  future  be  made  to  the  Secretary  himself     That  in 

pp.^iesl'ivMTO.  consequence  of  this  Resolve  the  General  Court  have  from  year  to 

year  made  a  Grant  to  the  late  Secretary  for  this  purpose;  and  in 

confidence  of  such  allowance  the  Petitioners  Deputy  undertook  the 

business  the  last  year  which  expired  on  the  6  day  of  Decem'  last, 

and  in  like  confidence  the  Petitioner  hath  already  advanced  him  a 

Sum  of  money  in  part  for  his  service.  And  praying  an  allowance 

for  the  purpose  aforesaid. 

[Read  and] 

Resolved  that  the  Sum  of  One  hundred  pounds  be  allowed  and 
paid  out  of  the  public  Treasury  to  the  hon'''^  Thomas  Flucker  Esq' 
Secretary  of  this  Province  to  enable  him  to  pay  for  assistance  during 
one  year  ending  the  sixth  day  of  December  last.     \^Passed  April  24. 


CHAPTEK    140. 


RESOLVE   ALLOWING   £10  TO  BEN  J*  DAVIS. 


chap.  162. 


Legislative  ^  PETITION  of  Benjamin  Davis     Setting  forth    That  in  the  year 

couDcii^  xxix.,  1767  with  great  trouble  and  expence  he  found  out  and  informed  the 

'— General  Court  of  a  Tract  of  Province  Land  lying  between  Dudley 

miTpp'^ies'^isi  ^  Douglass  which  was  afterwards  sold  by  order  of  the  Court  to 
^r!<e,  p.3o6,      the  persons  in  possession  of  the  same  for  a  considerable  sum  of 
money    and,  as  it  is  probable  the  Province  would  never  have  reaped 
any  benefit  by  the  said  Land  had  it  not  been  for  the  exertion  of  the 
Petitioner,  Praying  an  allowance  for  his  Service  and  expences. 
[Read  and] 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Petitioner  the  Sum  of  Ten  pounds  in  full  consideration 
of  the  services  in  the  Petition  mentioned.     [Passed  April  24. 


CHAPTER    141. 

RESOLVE   ANNEXING   STEPHEN    JOHNSON    AND    HIS    ESTATE    TO    THE 
NORTH   PARISH   IN  ANDOVER. 

Legislative  The  COMMITTEE,  this  day,  appointed  on  the  Petition  of  Stephen 

coSncu",  x'x'ix^,  Johnson,  [to  be  annexed  to  Andover]  made  Report;  where  upon  the 

-°^- following  order  passed  viz' 

R*?'rdf™the       Resolved  that  the  Petition  of  Stephen  Johnson  be  granted  and 
CoSncif,^         that  the  said  Stephen  Johnson  his  twenty  acres  of  Land  where  he 

xxvlll.,  101.  ^ 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  601 

now  dwells  lying  and  being  in  the  Town  of  Andover,  be  and  hereby  House  Jour, 
is  annexed  unto  and  made  a  part  of  the  north  Parish  in  Andover  °^.'_'Py-i-Sti3i, 
where  the  said  Stephen  Johnson  shall  for  the  future  be  held  to  pay 
Parish  Taxes  and  to  do  other  duty  and  shall  there  have  a  right  to 
enjoy  Parish  privileges  and  no  where  else.      [Passed  April  24. 


CHAPTEE    142. 

RESOLVE  REFERRING  WITH  STAY  OF  ALL  PROCEEDINGS  THE  PETITION 
OF  PROPRIETORS  OF  TOWNSEND  IN  REGARD  TO  DISPUTES  ABOUT 
TRANSFERS. 

The  Committee  to  whom  was  referred  the  Petition  of  James  Legislative 
Prescot  Esq''  and  others  a  Committee  of  the   Proprietors  of  the  councif  xx'ix'' 
Lands  in  Townsend  have  met  and  considered  the  same  and  beg  '■^"s- 
leave  to  report  that  the  General  Court  did  in  1719  appoint  and  Legislative 
imi^ower  the  late   Governor   Taylor,   Col°    Thaxter,    Col"   Fullam  Councif.xxix!, 
and  others  a  Committee  to  grant,  allot  and  lay  out  a  Township  jo^^li  ^°'^^ 
then  called  North  Town,  now  Townsend,  and  gave  said  Committee  pp-  ue,  177, 179, 
power  to  admit  Settlers  &c  and  a  power  to  bring  forward  a  settle-  Laws,  ™  264^'' 
ment  of  said  Town  then  a  frontier;  which  Committee,  among  other  "haif '113'''''"'' 
things,  made  divers  Transfers,  by  consent  of  parties,  from  the  first 
Grantees  to  others,  as  appears  by  the  Eecords  kept  by  said  Fullam 
who  was  Clerk  to  the  General  Courts  said  Committee,  and  that  some 
difficulties  have  begun  to  arise  as  to  said  Transfers  as  some  of  the 
proceedings  of  the  said  Committee  were  destroyed  by  the  late  burn- 
ing of  the  Town  House  in  Boston  and  otherways:  the  Committee 
are  of  the  opinion  that  the  aid  of  this  Court  is  wanting  to  quiet  the 
present  possessors  in  their  possessions,  and  that  all  Persons  who 
dispute  said  Transfers  and  other  proceedings  of  the  aforementioned 
Committee  be  notified  of  this  Petition  by  the  Petitioners  inserting 
the  substance  of  the  same  in  two  of  the  Boston  news  papers  for  three 
Weeks  successively  viz'  in  Drapers  and  Edes  and  Gills  papers  that 
so  any  persons  concerned  may  shew  cause  why  the  prayer  of  said 
Petition  may  not  be  granted,  and  in  the  mean  time  the  further  con- 
sideration of  this  Petition  be  referred  to  the  third  Tuesday  of  the 
nest  May  Session,  and  all  proceedings  in  the  Law  relative  to  said 
propriety  be  staid  until  the  further  order  of  this  Court 

W  Brattle  ^  order 

Read  and  accejsted  and 

Resolved  that  all  Persons  who  dispute  said  Transfers  and  other 
proceedings  of  the  aforementioned  Committee  be  notified  of  this 
Petition  by  the  Petitioners  inserting  the  substance  of  the  same  in 
two  of  the  Boston  news  papers  for  three  Weeks  successively  viz'  in 
Drapers  and  Edes  and  Gills  papers,  that  so  any  persons  concerned 
may  shew  cause  why  the  prayer  of  said  Petition  may  not  be  granted 
and  in  the  mean  while  the  further  consideration  of  this  Petition  be 
referred  to  the  third  Tuesday  of  the  next  May  Sessions  and  all  pro- 
ceedings in  the  Law  relative  to  said  Propriety  be  staid,  until  the 
further  order  of  this  Court.     \^Passed  April  24. 


(502 


PiioviNCE  Laws  {Be.'^olves, etc.).  — 1771-72.  [Chaps.  US,  144.] 


CHAPTER    143, 


RESOLVE  IMPOWERING  JOHN  FRENCH,  JR.,  AND  BETTY  FRENCH,  ADM''^ 
TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxix.. 


nal,  pp. 


A  Petition  of  John  French  jun'  and  Betty  French  administra- 
tors of  the  Estate  of  David  French  late  of  Tewksbury  deceased  Set- 
ting forth  That  the  said  David  being  in  a  languishing  condition 
for  some  time  before  his  death,  and  considering  that  his  place  was 
new  and  that  he  had  but  one  Child,  of  six  months  old,  and  that  he 
owed  considerable  monies,  bargained  with  his  Brother  Reuben  French 
to  convey  to  him  his  Homestead  of  about  fifty  acres  of  Land  with 
the  Buildings  thereon,  eleven  acres  of  pine  Land  and  seven  acres 
of  meadow,  all  lying  in  Tewksbury  aforesaid,  for  one  hundred  and 
eighty  six  pounds,  thirteen  shillings  and  four  pence,  but  that  the 
said  David  died  before  the  Writings  were  compleated  That  it  ap- 
pears that  the  debts  due  from  the  said  deceaseds  Estate  amount  to 
the  Sum  of  £88.7.2  and,  as  the  said  David  thought  it  would  be 
for  the  interest  of  his  Wife  and  Child  that  his  Eeal  Estate  should 
be  sold.  Praying  that  they  may  be  impowered  to  compleat  the  afore- 
said bargain  with  the  said  Reuben  French  and  execute  a  Deed  of 
the  premises  to  him  accordingly. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioners be  and  they  accordingly  are  hereby  fully  impowered  to  make 
and  execute  agood  and  sufficient  Deed  of  the  Real  Estate  in  their  Peti- 
tion mentioned  to  the  said  Reuben  French,  to  hold  the  same  to  him 
and  his  Heirs  and  assigns,  he  paying  them  the  Sum  of  one  hundred 
and  eighty  six  pounds  thirteen  shillings  and  four  pence  (it  appear- 
ing to  be  the  value  thereof)  and  that  the  said  Betty  the  Widow,  be 
allowed  the  Interest  of  one  third  part  thereof  during  her  natural 
life  in  lieu  of  dower,  provided  always  that  the  Petitioners  give  Bond 
with  sufficient  sureties  to  the  Judge  of  Probate  for  the  County  of 
Middlesex  that  the  Debts  of  the  deceased  David  French  shall  be  all 
paid  and  discharged,  and  that  the  remaining  part  of  the  j)roceeds 
of  the  said  sale  shall  be  put  to  Interest  for  the  benefit  of  the  Heir, 
and  that  the  principal  and  Interest  aforesaid  shall  be  paid  to  him 
when  he  shall  be  of  full  age  or  to  his  legal  Representatives  in  case 
of  his  decease,  and  that  he  or  they  shall  have  his  mothers  third  im- 
mediately after  her  decease.     [Passed  A2}ril  24. 


CHAPTER    144 


RESOLVE    IMPOWERING    SARAH    PARSONS,    GUARDIAN,    TO    SELL    REAL 
ESTATE  AND   MAKING  PROVISION   IN  REGARD   TO   THE  PROCEEDS. 

R^°'rds"onhe       ^  PETITION  of  Sarah  Parsons  Widow  of  Zebulon  Parsons  late  of 
Council,  xxix.,  Glocester  deceased  and  Guardian  of  Abigail,  Sarah  and  Hannah,  all 

?^5: minors  under  twelve  years  of  age.  Children  of  the  deceased    Setting 

naTpp^i5M6o,  forth     That  the  said'  minors,  as  Heirs  of  the  said  deceased,  are  in  - 

180.'  Province'  titled  to  the  oue  half  of  an  old  House  which  is  very  much  out  of 

cha^!'io.''     '    repair;  and  that  unless  it  is  soon  repaired  'tis  judged  it  will  fall 

down  and  be  intirely  lost     That  the  Rents  she  has  received  are  not 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  603 

near  sufficient  to  repair  the  said  House.  And  praying  that  she  may 
be  impowered  to  make  sale  of  the  said  half  House  and  so  much  Land 
adjoining  as  may  be  needful  to  accommodate  the  same,  for  the  benefit 
of  the  said  Heirs. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  and  she  accordingly  is  hereby  fully  impowered  to  make 
sale  of  that  part  of  the  old  House  and  so  much  of  the  Land  in  her 
Petition  mentioned  not  exceeding  twenty  square  rods,  as  will  be 
accomodable  for  the  same  witliout  injury  to  the  remainder,  under 
the  advice  and  direction  of  the  Judge  of  Probate  for  the  County 
of  Essex,  for  the  most  the  same  will  fetch,  and  make  and  execute 
a  good  and  sufficient  Deed  thereof;  provided  she  shall  give  sufficient 
security  to  the  said  Judge  of  Probate  that  the  proceeds  of  such  sale 
shall  be  put  to  Interest  for  the  benefit  of  the  legal  Heirs,  and  that 
she  govern  herself  in  such  sale  by  the  rules  of  the  Law  relative  to 
the  sale  of  Real  Estates  by  Executors  and  administrators,  provided 
also  that  if  there  be  any  debts  of  her  deceased  Husband  unpaid  that 
they  be  first  paid  out  of  the  proceeds  of  such  sale.     {^Passed  April  24. 


CHAPTBK    145. 

RESOLVE   CONFIRMING  A   PLAN  OF  300    ACRES    OF    LAND    TO    JOSHUA 
LOCKE. 

A  Plan  of  a  Tract  of  Land  laid  out  by  Samuel  Taylor  Surveyor  Legislative 
and  Chainmen  under  Oath,  on  Hoosuck  mountain,  to  satisfy  a  Grant  coSucn*,  xx\x 
made  by  this  Court  the  26  day  of  April  1771  to  Joshua  Locke  of  mi 


three  hundred  acres  of  Land    was  presented  for  allowance;  bounded  Maps.-ind 
as  follows  viz'  begining  at  a  Beach  tree  which  is  the  n  E  corner,  and  xx'^ls.  House 
is  on  the  n  E  part  of  the  mountain,  between  the  old  Road  and  new  '^^°^l^l\-^g, 
one,  runing  from  said  corner  W  2°  S  480  rods  to  a  Beach  tree,  then  Ante,  p  519, 
S  10°  W  100  rods  to  another  beach,  then  E  2°  N  480  rods  to  a  Beach  '"'**••  ^*- 
tree,  then  N  10°  E  100  rods  to  the  first  mentioned  bounds. 

Read  and 

Resolved  that  this  Plan  be  accepted  and  that  the  Lands  therein 
described  be  and  they  hereby  are  confirmed  to  the  said  Joshua  Locke 
his  Heirs  and  assigns  forever,  he  fulfilling  the  terms  and  conditions 
upon  which  the  Grant  of  said  Land  was  made  to  him  on  the  26  day 
of  April  last,  provided  it  doth  not  exceed  the  number  of  three  hun- 
dred acres,  nor  interfere  with  any  former  Grant.     \^Passed  A2}ril  24. 


CHAPTEK    146. 

ORDER  DIRECTING  THE  TREASURER  TO  CALL  IN  ALL  MONIES  DUE 
FROM  CONSTABLES  AND  COLLECTORS  AND  SHERIFFS. 

Ordered  That  the  Treasurer  be  and  hereby  is  directed  to  Call  in  Legislative 
all  the  monies  due  from  the  Constables  or  Collectors  for  Taxes  to  counc'iu  xx'i^", 
y°  year  1771  as  also  what  may  be  due  upon  Bond  &  that  he  give  ]^'- i^f''^*"  ■ 
Public  Notice  that  he  shall  Issue  his  Executions  &  put  their  Bond  607. 


604 


Pkovince  \jA.\f&  {Resolves,  etc.) .  — 1771-72.  [Chaps.  147,  148.] 


nai"ppfnMSo.  i^  ^'^i*  ^^  three  months  from  the  first  of  May  next  unless  they  are 
Discharged  &  that  he  also  call  upon  all  the  Sheriffs  to  whom  he 
has  Committed  Executions  against  defective  constables  or  Collectors 
to  pay  in  what  moneys  they  have  received  immediately.  [Passed 
April  24. 


Legislative 
Records  of  the 
Council,  xxlx., 
212.    Mass. 
Archives, 
Ixxx.,  6S)8. 

Mass. 
Archives, 
Ixxx.,  697. 
House  Jour- 
nal, pp.169,  ITS. 


CHAPTEE    147. 

RESOLVE   ALLOWING   £10.  10  TO  JOSEPH  WHITTOM. 

A  Petition  of  Joseph  Whittom  of  Newbury  Setting  forth  That 
in  the  year  1757  he  was  a  Soldier  in  the  service  of  the  Government 
in  Col°  Frye's  Regiment  and  in  the  Company  of  Cap'  Davis,  and 
that  his  Wages,  amounting  to  the  Sum  of  £10.10.3,  was  drawn  out 
of  the  Treasury  by  virtue  of  a  forged  Order  in  his  name.  That  he 
is  now  in  low  and  decrepit  circumstances  occasioned  by  his  service 
for  his  King  and  Country.  And  praying  relief. 

[Read  and] 

Resolved  that  thare  be  paied  owt  of  the  publick  Tresuery  Ten 
pounds  Ten  Shillings  to  Joseph  Gerish  Esq'  to  be  by  him  accord- 
ing to  his  best  discretion  Improved  for  the  use  of  Joseph  Whittom 
to  be  for  his  Service  as  a  Soldyer  as  Sete  forth  in  his  Portition  the 
Same  being  heare  to  fore  Drown  out  of  the  Tresuery  by  a  false 
or  Counterfite  order  Subscribed  by  the  nanie  of  Joseph  Whittom. 
{^Passed  April  24. 


CHAPTEE    148, 


RESOLVE   ALLOWING  20/   TO   JOHN   SIMON,  INDIAN. 


Refords'of  the       ^  PETITION  of  John  Simon  of  Rochester  Indian  Man     Setting 
Council,  xxix.,  forth  That  he  was  a  Soldier  the  last  War,  and  in  the  Kings  Service, 

^— six  several  years,  in  which  service  he  had  the  misfortune  to  lose  one 

mii"pp!i62fiso.  of  his  Legs,  and  also  underwent  great  fatigues  and  hardships    That 

Province  '       he  is  now  near  eighty  years  old  and  almost  incapable  of  doing  any- 

chap.'m. '■'   '  thing  for  a  livelihood.  And  praying  some  relief  in  addition  to  the 

yearly  Pension  of  two  fiounds  formerly  granted  to  him. 

[Read  and] 

Resolved  that  the  Petitioner  have  twenty  shillings  allowed  him 
out  of  the  Province  Treasury  at  the  time  and  in  addition  to  the 
forty  shillings  Pension  already  granted  him  by  the  Province;  to  be 
paid  yearly  and  laid  out  under  the  direction  of  the  overseers  of  the 
poor  of  such  Town  where  tlie  said  John  shall  then  reside,  for  his 
use  during  his  natural  life,  or  until  the  General  Court  shall  other- 
wise order.     [Passed  April  24. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.). —  1771-72.  605 


CHAPTEE    149. 

RESOLVE   CONFIRMING   A  PLAN   OF   3,960   ACRES   OF  EQUIVALENT   LAND 
TO  GROTON  PROPRIETORS. 

A  Plan  of  three  thousand  nine  hundred  and  sixty  acres  of  Land  p^'-f'^'j"^?,^ 
laid  out  in  part  to  satisfy  a  Grant  of  seven  thousand  eight  hundred  council,  xxix. 

acres  of  Land  made  to  the  Proprietors  of  Groton  in  June  last,  was  ^— 

presented  for  allowance;  whereupon  the  following  Order  passed  viz'  pjans'iSfs 

Resolved  that  the  Plan  hereunto  annexed  containing  three  thou-  xiv.,9'.  House 
sand  nine  hundred  and  sixty  acres  of  Province  Land  laid  out  in  ppl'uK^i's.iss. 
part  to  satisfy  a  Grant  made  by  the  Great  and  General  Court  at  chap  39°'"'^' 
their  Sessions  in  June  1771  to  the  proprietors  of  Groton  in  lieu  of 
Land  they  lost  by  the  late  runing  of  the  Newhampshire  line  as  men- 
tioned in  their  Petition,  laid  out  in  the  County  of  Berkshire  and 
is  bounded  as  followeth  viz'  begining  at  a  Birch  tree  and  stones  laid 
round  it  the  Southwest  corner  of  Tyringham  equivalent  Lands  stand- 
ing on  the  East  bank  of  Farmington  River,  then  north  18  deg*"  East 
in  the  West  line  of  said  equivalent  561  rods  to  a  small  Beach  tree 
and  stones  laid  round  it,  which  tree  is  the  Southeast  corner  of  a 
Grant  of  Land  called  Woolcuts  Grant,  then  runing  West  18  deg' 
north  in  the  South  line  of  said  Grant  240  rods  to  a  Beach  tree 
marked  I  W  and  stones  laid  round  it  which  is  the  Southwest  corner 
of  said  Grant,  then  runing  north  18  deg^  East  in  the  West  line  of 
said  Grant  400  rods  to  a  heap  of  Stones  which  is  the  northwest 
corner  of  said  Grant,  then  runing  East  18  deg*  South  240  rods  in 
the  north  line  of  said  Grant  to  a  large  Hemlock  tree  and  stones  laid 
round  it  which  is  the  northeast  corner  of  said  Grant,  it  is  also  the 
northwest  corner  of  said  equivalent  and  the  Southwest  corner  of  a 
Grant  called  Taylors  Grant,  then  runing  north  18  deg"  East  160 
rods  in  tlie  West  line  of  said  Taylors  Grant  to  the  north  west  corner 
of  the  same,  then  runing  East  9  deg'  South  in  the  line  of  said  Tay- 
lors Grant  800  rods  to  a  stake  and  stones  standing  in  the  West  line 
of  Blanford  marked  W  T,  then  runing  north  18  deg'  East  in  said 
Blanford  West  line  530  rods  to  a  Beach  tree  and  stones  laid  round 
it  which  is  the  Northwest  corner  of  said  Blanford,  then  runing  East 
10  deg'  South  42  rods  in  the  north  line  of  said  Blanford  to  a  Stake 
and  Stones  which  is  the  Southwest  corner  of  Murrayfield  then  run- 
ing north  10  deg'  East  in  said  Murrayfield  West  line  303  rods  to  a 
heap  of  Stones  the  Southeast  corner  of  Beckit,  then  running  West 
2  deg^  South  in  said  Beckit  South  line  426  rods  to  the  northeast 
corner  of  a  Grant  of  Land  called  Belchers  Grant,  then  runing  South 
in  the  East  line  of  said  Belchers  Grant  216  rods  to  a  small  maple 
tree  marked  T  R  which  is  the  northwest  corner  of  a  Grant  of  Land 
called  Rands  Grant,  then  runing  East  in  the  north  line  of  said  Rands 
Grant  250  rods  to  a  hemlock  pole  and  stones  laid  round  it  which 
is  the  northeast  corner  of  said  Rands  Grant,  then  runing  South  in 
the  East  line  of  said  Rands  Grant  331  rods  to  a  hemlock  tree  marked 
and  stones  laid  round  it  which  is  the  Southeast  corner  of  said  Rands 
Grant,  then  runing  West  in  tlie  South  line  of  said  Rands  Grant  250 
rods  to  a  Beacli  pole  marked  T  R  the  Southwest  corner  of  said  Rands 
Grant  then  runing  north  in  the  West  line  of  said  Rands  Grant  83 
rods  to  the  Southeast  corner  of  said  Belchers  Grant,  then  runing 
West  bounding  north  348  rods  on  said  Belchers  Grant  and  453  rods 
on  a  Grant  called  Chandlers  Grant  then  runing  north  in  the  West 


606 


Province  Laws  {Resolves,  etc.).  — 1771-72.   [Chaps.  150,  151.] 


line  of  said  Chaudlers  Grant  460  rods  to  said  Beckit  South  line, 
tlien  runing  West  in  said  Beckit  South  line  20  rods  to  a  stake  and 
stones  the  northwest  corner  of  additional  Lauds  belonging  to  the 
four  Housatonnock  Townships,  then  runing  South  2  deg^  West 
1,488  rods  in  the  East  line  of  said  additional  Lands  to  the  place 
where  said  East  line  crosses  said  Farmington  River,  then  South- 
erly or  down  stream  330  rods  to  the  first  bounds,  bounding  AVesterly 
on  said  River,  be  accepted  and  it  is  hereby  accepted  and  confirmed 
unto  the  ProiDrietors  of  Groton  aforesaid  their  Heirs  and  assigns 
forever,  provided  the  same  doth  not  exceed  the  quantity  aforemen- 
tioned nor  interfere  with  any  former  grant.     \^Passed  April  24. 


CHAPTEE    150. 

RESOLVE  ALLOWING    £22.  9.  2  TO    THE    HEIRS    OF    THE    LATE    EDWARD 
SHEAFFE,  ESQ". 


Legislative 
Records  of  the 
Council,  xxix., 
215. 

Legislative 
Records  of  the 
Council, 
xxviii.,473, 
476.    House 
Journal,  p.  27 
(17()8)  ;  pp.  144, 
17B,  182.    Prov- 
ince Laws, 
iv.,919,  chap. 
19.    Ante, 
p.  456,  chap. 
173;  p.  606, 
cliap.  91. 


A  Petition  of  Nathaniel  Gorham  and  Thomas  Danforth  Execu- 
tors of  the  Will  of  the  late  Edward  Sheaffe  Esq''  Setting  forth  That 
the  said  Edward  was  by  order  of  the  General  Court  employed,  with 
two  other  Gentlemen,  in  examining  the  accounts  of  the  late  Laud 
Band  Company;  and  in  the  year  1768  he  acted  as  Clerk  to  the  Com- 
mittee of  the  House  of  Representatives  who  were  appointed  to  settle 
a  new  Valuation  of  the  Estates  of  the  Province,  for  all  which  he 
never  received  any  compensation:  That  IP  Sheaffe  was  Com- 

missary General  for  the  Province  from"  the  16  April  1770  to  the  16 
April  1771  at  which  time  another  Gentleman  was  by  the  two  Houses 
of  assembly  chose  in  his  room,  but  not  being  approved  of  by  the 
Governor,  M'  Shealie  continued  to  act  in  the  office  until  the  25 
day  of  May  last,  but  received  pay  no  longer  than  the  said  16  April 
1771.  And  praying  an  allowance  for  their  Testators  Services 

aforementioned. 

[Read  and] 

Resolved  that  there  be  allowed  and  paid  out  of  the  Province  Treas- 
ury to  said  Executors  the  sum  of  twenty  two  pounds  nine  shillings 
&  two  pence  for  the  use  of  the  Heirs  of  the  said  deceased  in  full  for 
the  services  mentioned  in  said  Petition.      \^Passed  April  24. 


CHAPTEE    151. 

RESOLVE  IMPOWERING  JOSEPH  MAYO  AND  HANNAH  WILLIAMS,  AD- 
MINISTRATORS, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD   TO   THE   PROCEEDS. 


Legislative  A  PETITION  of  Joseph  Mayo  and  Hannah  Williams  administra- 

Councii,  xxix.,  tors  of  the  Estate  of  Thomas  Dudley  late  of  Roxbury  Esq''  dec'' 

1^5: Litestate  Setting  forth     That  the  said  deceaseds  Personal  Estate 

na1"ppaXi55,  falls  short  of  paying  his  just  debts  by  the  Sum  of  £485  lawful  money, 
18S.'  Province'  exclusive  of  the  charge  of  administration     and  praying  that  they  may 
chap^io."     '    be  impowered  to  make  sale  of  the  following,  being  part  of  the  Real 
Estate  of  the  deceased,  to  enable  them  to  pay  the  said  Debts  and 
charges    viz'  four  ninths  of  four  hundred  acres  of  Land  in  Killing- 
ley  in  the  Colony  of  Connecticut;  four  ninths  of  one  hundred  and 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  607 

fifty  acres  in  Athol  in  the  County  of  Worcester,  lying  in  common 
and  undivided ;  also  the  late  mansion  House  of  the  said  deceased 
and  about  thirty  acres  of  Land  adjoining  thereto  lying  on  both  sides 
the  Eoad  leading  to  Dedham,  which  House  is  very  much  out  of  re- 
pair; and  four  ninths  of  one  hundred  and  twenty  five  acres  of  Land 
lying,  in  common,  in  Dudley. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  im- 
powered  to  make  sale  of  all  the  Keal  Estate  in  their  Petition  men- 
tioned lying  in  this  Province  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof,  they 
observing  the  rules  and  directions  of  the  Law  relative  to  the  sale 
of  Keal  Estates  by  Executors  and  administrators  and  giving  suffi- 
cient security  to  the  Judge  of  Probate  for  the  County  of  Suffolk 
that  the  proceeds  of  said  sale  shall  be  applied  first  for  the  payment 
of  the  just  debts  of  the  deceased,  and  the  overplus,  if  any  there  be, 
shall  be  put  to  Interest  for  the  benefit  of  the  lawful  Heirs  and  shall 
be  paid  them  respectively  when  they  shall  arrive  at  full  age  in  such 
proportions  as  they  could  by  Law  inherit  in  case  the  said  Real  Estate 
had  not  been  sold.     {^Passed  April  S5.' 


CHAPTEE    152. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF  THE   TREASURER  OF    LINCOLN 
COUNTY. 

The  ACCOUNT  of  Samuel  Denny  Esq''  Treasurer  of  the  County  Legislative 
of  Lincoln  being  laid  before  the  Court  for  allowance,  the  following  councif  xxfxt 
Order  passed  thereon.  217. 

Whereas  it  appears  upon  examination  of  said  account  that  all  the  House  Jour- 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the  iS.'*''''  ''  '"' 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  said  Court  to  grant ;  therefore 

Resolved  that  said  account  be  allowed.      [Passed  April  25. 


CHAPTER    153. 

RESOLVE   ALLOWING    THE    ACCOUNT    OF    THE   TREASURER    OF    YORK 
COUNTY. 

The  ACCOUNT  of  Daniel  Moulton  Esq''  Treasurer  of  the  County  Legislative 
of  York  being  laid  before  the  Court  for  allowance,  the  following  councif  xxlx*! 
Order  passed  thereon  viz'  21s. 

Whereas  it  appears  iipon  examination  of  said  account  that  all  the  House  Jour, 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the  its.''^^'    '  "  ' 
peace  for  said  County  for  the  year  1770  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  said  Court  to  grant;  therefore 

Resolved  said  accounts  be  allowed.     [Passed  April  25. 

'  This  date  is  according  to  the  House  Journal ;  according  to  Legislative  Records  of  the 
Council  the  date  is  April  21. 


608 


Province  Laavs  (i?esoZi'es,e<c.).  — 1771-72.  [Chaps.  154—156.] 


CHAPTEE    154, 


EESOLVE  THAT  THE  EXECUTORS  OF  THE  LATE  COMMISSARY  GENERAL 
EDWARD  SHEAFFE,  ESQ",  ARE  ACCOUNTABLE  TO  THE  PROVINCE  FOR 
£22.  9.  2. 


Legislative 
Records  of  the 
Council,  xxix., 
218.    Mass. 
Archives, 
cxx.,  689. 

Mass. 
Archives, 
cxx.,  681-688. 
House  Jour- 
nal, pp.  20, 138, 
143.    Supra, 
Chap.  150. 


The  Committee  on  the  late  Commissary  Slieaffe's  accounts  have 
attended  that  service  and  find  that  his  accounts  of  Provisions  and 
Peltry  are  fully  balanced.  We  likewise  find  his  general  account  with 
the  Province  for  disbursements  &c  are  right  cast  and  well  vouched, 
and  that  there  is  a  balance  due  from  the  Estate  of  the  late  Com- 
missary Sheaffe  to  the  Province  the  Sum  of  twenty  two  pounds 
nine  shillings  and  two  pence. 

EiCHARD  Darby  jun''  ^  Order. 

Read  and 

Resolved  that  this  Accompt  be  allowed  &  that  tlie  Executors  of  the 
Will  of  Edward  SheafEe  Esq'  Late  Commissary  General  be  and  hereby 
are  Accountable  to  this  Province  for  the  Ballance  being  Twenty  Two 
pounds  nine  shillings  and  Two  pence.     [Passed  April  25. 


CHAPTEE    155. 

RESOLVE   ACCEPTING  REPORT  OF  COMMITTEE   APPOINTED   TO   SELL  Y'= 
FARM   AT    WALTHAM. 

Records'of  the  '^^^  COMMITTEE  appointed  the  18  day  of  June  last  to  make  sale 
Council,  xxix.,  of  a  Farm  in  Waltham  taken  by  the  Treasurer,  in  behalf  of  the 
Province,  from  Jonas  Cutler  by  Execution;  made  the  following 
report  viz' 

The  Committee  appointed  by  the  annexed  Order  [ante,  p.  546, 
chap.  31]  to  make  sale  of  the  Parm  at  Waltham  have  attended  that 
service  and  disposed  of  the  same  to  M"^  Elisha  Cutler  for  five  hun- 
dred and  sixty  nine  pounds,  and  have  taken  security  for  the  pay- 
ment of  the  same  to  the  hon"'  Harrison  Gray  Esq'  Treasurer  of  the 
Province  agreable  to  the  Order  of  the  General  Court.  Which  is 
submitted  James  Russell  ^  Order. 

Read  and  accepted.     [Passed  April  9i5. 


House  Jour- 
nal, pp.  53,  54, 
186.    Ante, 
p.  546,  chap.  31. 


CHAPTEE    156. 

RESOLVE  CONSTRUING  A  RESOLVE  IN  REGARD   TO  TAXES  IN  DIGHTOX. 

Legislative  Wheeeas  upon  the  report  of  a  Committee  on  the  Petition  of 

Records  of  the  -^^•l  ii-i  i  11       t^-'  0-1-,  -r*', 

Councu,  xxix.,  Sylvester  Richmond  Esq'  and  others  and  the  Petition  oi  Ezra  Rich- 
mond Esq'  and  others  made  the  34  day  of  June  last  it  was,  among 
other  things.  Resolved  as  follows  viz'  "  That  such  and  so  many  of 
the  said  Petitioners  who  by  themselves  or  such  as  represent  them 
shall,  in  writing  under  their  hands  signify  their  desire  of  being  ex- 
empted from  paying  any  further  or  other  Taxes,  excepting  as  excepted 
in  said  Report  towards  said  meeting  house  built  by  the  Town  or  to 
the  minister  or  ministry  there,  or  towards  the  settlement  of  one  and 
shall  on  or  before  the  last  day  of  October  next  (and  such  of  them 
as  shall  be  absent  shall  be  allowed  one  month  after  their  return) 


House  Jour- 
nal, pp.  81, 83, 
91, 179.    Ante, 
p.  566,  chap.  65. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1771-72.  609 

lodge  the  same  in  the  Secretarys  office,  be  and  such  of  the  said  Peti- 
tioners hereby  are  exemiJted  from  future  Taxes  accordingly;  pro- 
vided nevertlieless  and  it  is  hereby  further 

Resolved  that  no  distraint  sliall  be  made  within  six  months  from 
tlie  first  of  July  next  for  what  remains  due  on  the  Taxes  for  build- 
ing the  Towns  meeting  house  or  the  Twenty  pounds  voted  by  the 
Town  for  the  support  of  Preaching."  And  whereas  it  has  been 

represented  to  this  Court  that  the  Petitioners  have  refused  to  pay 
the  said  Taxes,  alledging  (as  the  said  Kesolve  did  not  finally  pass 
the  several  braucjies  until  the  first  day  of  July  last)  that  the  said 
Town  have  not  power  to  distrain  upon  them  for  the  said  Taxes 
within  six  months  from  the  first  day  of  July  next ;  and  as  it  would 
probably  occasion  suits  at  Law,  the  said  Town  of  Dighton  have 
thought  it  advisable  to  make  no  distraint  until  an  explanation  of 
the  said  Order  should  be  made. 

Resolved  That  it  was  the  true  intent  and  meaning  of  the  said 
Resolve  that  no  Distraint  should  be  made  for  the  Taxes  aforesaid 
within  six  months  from  the  first  day  of  July  1771  and  not  from 
the  first  day  of  July  next  and  that  the  same  shall  be  so  understood. 
[Passed  Ajjril  35. 

CHAPTER    157. 

RESOLVE  SETTING  OFF  CERTAIN  PERSONS  WITH  THEIR   ESTATES   FROM 
THE   DISTRICT   OF   LENOX  TO   THE   TOWN    OF   RICHMONT. 

A  Petition  of  Samuel  Brown  jun'  in  behalf  of  Simeon  Tracy,  Legislative 
Enos  Ti'acy,  Vine  Branch  Aniasa  Branch  and  Flavins  Waterman,  In-  Council*  xx*ix^ 
habitants  of  the  District  of  Lenox  in  the  County  of  Berkshire    Set-  222.      ' 
ting  forth     That  they  are  so  situated  that  they  cannot  ever  enjoy  House  Jour- 
privileges,  without  great  inconvenience,  in  the  said  District,  and  ™'> pd- iso,  188, 
that  the  said  District  hath  consented  to  their  being  set  off  to  the 
Town  of  Eichmont ;  and  the  said  Town  hath  voted  to  receive  them. 
And  praying  that  they  may  be  set  off  from  the  District  of  Lenox 
and  annexed  to  the  Town  of  Eichmont  accordingly. 

[Eead  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that 
Simeon  Tracy,  Enos  Tracy,  Vine  Branch,  Amasa  Branch  and  Flavins 
Waterman  all  of  Lenox  in  the  County  of  Berkshire  together  with 
their  Lands  and  other  Estates  be  and  hereby  are  set  off  from  the 
District  of  Lenox  aforesaid  and  annexed  to  the  Town  of  Eichmont 
in  said  County,  there  to  do  duty  and  receive  privileges  in  common 
with  the  Inhabitants  of  the  Town  of  Eichmont  aforesaid ;  provided 
always  that  they  remain  subjected  to  the  payment  of  aJl  Proprietary 
Taxes  that  have  been  or  may  be  raised  in  said  District  in  the  same 
way  and  manner  as  they  heretofore  have  been  liable  to  in  the  said 
District  of  Lenox.     [Passed  April  25. 


CHAPTER    158. 

RESOLVE  ALLOWING   £4  TO  THE   CLERK  OF  THE   HOUSE.  Legislative 

Records  of  th< 

Resolved  that  there  be  allowed  &  paid  out  of  the  Public  Treasury  ^^"Mas'^^'^ 
the  sum  of  Four  pounds  to  Jolm  Pickering  for  his  services  as  clerk  Archives,  i., 

to  y^  House  of  Eepresentatives  during  the  Absence  of  M'  Adams.  — 

[Passed  April  25.  ^^^^l  \^- 


610 


Province  luxws,  {Resolves, etc.).  — 1771-7:!.  [Chaps.  159,  160.] 


CHAPTEK    159. 

RESOLVE  CONFIRMING   A   TRACT   OF   LAND   TO   JAIVIES   SAXTON. 

Legi8iative  A  PETITION  of  James  Saxton  living  on  Province  Land  lying  West 

Suncif,xx*x!,  of  Sheffield  in  the  County  of  Berkshire     Setting  forth     That  he 
pf ■  ^W^ "'"'  ^^^  ^°'"  ^^^'^^  thirty  years  j^ast  been  siezed  and  possessed  of  part  of 
xiv.,  17.     '       the  Tract  of  Land  hereinafter  delineated  and   described  and  has 
House  Jour-      expended  much  labour  and  trouble  in  improving  and  subduing  the 
1^'' 1^' m^^"'  same,  and  has  been  always  willing  but,  hitherto,  he  has  not  been 
able  to  procure  a  Title  to  the  premises  from  the  Government.  And, 
as  he  is  informed  that  the  Government  have  come  into  a  Resolution 
to  dispose  of  their  Right  and  title  to  the  Province  Lands  in  the 
Western  parts.  Praying  that  the  said  Tract  of  Land  may  be  granted 
and  confirmed  to  him  upon  such  terms  as  shall  be  judged  reasonable. 
The  following  is  the  Survey  of  the  Land  referred  to  in  the  fore- 
going Petition  viz' 

Laid  out  to  James  Saxton  274  acres  and  49  rods  of  ground  lying 
on  the  Province  Land  West  of  Sheffield  bounded  as  followeth,  the 
first  bounds  is  a  Walnut  staddle  marked  standing  under  or  near 
the  black  Rock,  thence  East  12°  north  190  Rods  to  an  Oak  staddle 
standing  in  the  highway,  thence  north  12°  West  90  rods  to  Sextons 
Sine  post,  thence  north  12°  East  112  rods  to  a  Stake  and  stones, 
thence  West  19°  South  180  rods  to  a  stake  and  stones,  thence  north 
26°  West  36  rods  to  a  stake  and  Stones,  then  north  35°  West  50  rods, 
then  West  nine  degrees  north  68  rods,  thence  South  30°  degrees 
East  235  rods  to  the  first  bounds. 

Ephraim   Fitch  Surveyor 
Phin^  Nash 
Eob''  Wars 


Novem'  11.  1771 


Chaiumen 


[Read  and] 

Resolved  that  all  the  Right  Title  &  Interest  of  this  Province  in 
&.  to  the  tract  of  Land  Mentioned  therein  be  &  hereby  is  Granted 
and  Confirmed  unto  him  the  s'*  James  his  Heirs  &  assigns  forever 
provided  he  give  his  Obligation  with  one  or  more  Sureties  to  the 
Province  Treasurer  for  the  Sum  of  Sixteen  pounds  sixteen  shillings 
law'  money  to  be  paid  within  One  year  from  the  Date  hereof  with 
law'  Interest  therefor  till  paid.      \_Passed  April  25. 


CHAPTEE    160. 

RESOLVE  CONFIRMING  A  TRACT  OF  395  ACRES   AND   78 '   RODS   OF   LAND 
TO   DIRCH,  JOHN,  NICHOLAS   AND   NICHOLAS,  JR.,  SPOOR. 


Legislative 
Records  of  the 
Council,  xxix., 
■224. 

House  Jour, 
nal,  pp.  166, 1S4, 
187.  Province 
Laws,  xll.,  317, 
chap.  1-29;  391, 
chaj).  69. 


A  Petition  of  Dirch  Spoor,  John  Spoor,  Nicholas  Spoor  and 
Nicholas  Spoor  jun''  Setting  forth  That  they  have  for  twelve  years 
past  been  possessed  of  a  Tract  of  Province  Land  lying  West  of  Shef- 
field in  the  County  of  Berkshire,  on  which  they  have  made  improve- 
ment That  they  have  attempted  to  obtain  a  title  to  the  same  from 
the  Government  but  hitherto  have  been  unhappily  defeated  in  such 
their  attempts.  And,  as  they  are  informed  that  the  Government  have 
lately  come  into  a  determination  to  make  sale  of  the  Province  Lands 
in  the  Western  parts,  Praying  that  the  said  Tract  of  Land  may  be 

'  But  see  the  Resolve. 


[2d  Sess.]     Provixce  Laws  {Resolves,  etc.).  — 1771-72.  611 

granted  and  confirmed  to  them  upon  such  terms  as  shall  be  judged 
reasonable  agreable  to  the  Survey  and  Plat  thereof,  which  contains 
three  hundred  and  ninety  five  acres  and  seventy  eight  rods,  exclu- 
sive of  a  Grant  made  some  time  since  to  Israel  Williams  Esq""  which 
they  have  bought  of  him. 

The  following  is  the  Survey  of  the  Land  referred  to  in  the  fore- 
going Petition  viz'  Laid  out  to  Mess"  Dirch  Spoor,  John  Spoor, 
Xicholas  Spoor  and  Nicholas  Spoor  jun'  six  hundred  ninety  five 
acres  and  78  rods  of  Land  including  a  Grant  of  300  acres  granted 
to  Israel  Williams  Esq'  and  assigned  by  Deed  to  said  Spoors  lying 
and  being  of  the  Province  Land  West  of  Sheffield,  bounding  East 
on  Sheffield  West  line,  South  on  possessions  of  Joash  Boyce,  West 
on  the  Great  Mountain  north  on  possessions  of  James  Sexton,  the 
first  bounds  is  a  Walnut  Tree  marked  standing  near  the  black 
Rock,  so  called,  and  is  the  South  West  bounds  of  James  Sextons 
possession,  thence  AVest  2°  30°°  South  66  rods  to  a  black  Birch  tree 
marked,  then  South  32°  AVest  26  rods  to  a  Walnut  tree,  then  Soutli 
43°  West  66  rods  to  a  black  Oak  tree,  then  South  30°  East  100  rods 
to  a  Chesnut  Tree  standing  by  a  smooth  Rock,  then  South  4°  West 
80  rods  to  a  Chesnut  Tree  then  South  33°  East  44  i-ods  to  a  white 
burch  tree,  then  East  13°  South  112  rods  to  a  great  rock,  then 
South  60  rods  to  a  Walnut  tree,  then  East  22°  South  90  rods  to 
the  highway,  then  South  7  rods,  then  East  6  north  112  rods  to  the 
Town  line,  then  on  the  Town  of  Sheffield  line  N  1°  E  300  rods  to 
a  stake  and  Stones,  then  north  68°  West  96  rods  to  a  small  black 
Oak  staddle  by  a  Pond,  then  north  18°  East  91  rods  to  a  black  Oak 
staddle  in  the  highway,  then  West  12°  South  190  rods  to  the  first 
bounds,  there  is  contained  within  the  forementioned  bounds  395 
acres  of  Land  and  78 '  rods,  excepting  the  Grant. 

Ephraim  Fitch  Surveyor 

T-T         ,1,,    -,^^,  Phin^  Nash       )  ^,    . 

Novem'  12.  1  <  a  j^^^^,  ^^^^^^        |-  Chainmen 

[Read  and] 

Resolved  that  all  the  Right,  title  and  Interest  of  this  Province  in 
and  to  the  Tract  of  Land  prayed  for  and  referred  to  in  the  Petition 
aforesaid  containing  three  hundred  and  ninety  five  acres  and  eighty 
rods  exclusive  of  the  Grant  mentioned  therein,  be  and  hereby  is 
granted  to  the  Petitioners  their  Heirs  and  assigns  forever,  provided 
they  give  sufficient  security  to  the  Province  Treasurer  for  the  sum 
of  nine  pounds,  seventeen  shillings  lawful  money  to  be  paid  within 
one  year  from  the  date  hereof  with  lawful  Interest  therefor  till  paid. 
[Passed  Ajn-il  25. 

'  But  see  the  Resolve. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed    1772-73. 


[613] 


LEGISLATIVE   LIST^ 


1772-73, 


His  Excellency  THOMAS   HUTCHINSON, 

Captain-General  and  Governor-in-chief,  etc. 
THOMAS    FLUCKER,    Esq., 


SECRETARY  OF  THE  PROVINCE. 


COUNCILLORS   OR  ASSISTANTS. 

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


Samuel  Danforth 
Isaac  Royall 
John  Erving 
William  Brattle 
James  Bowdoin 
Thomas  Hubbard 
Harrison  Gray 
James  Russell 
James  Pitts 


Samuel  Dexter 
Thomas  Sanders 
Artemas  Ward 
Benjamin  Greenleaf 
>Esqrs.  Stephen  Hall  )Esqrs. 

Caleb  Gushing 
Timothy  Woodbridge 
John  Hancock 
Samuel  Phillips 


Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  Neiu  Plymouth; 

James  Otis  )  Walter  Spooner 

William  Sever  "  Jerathmeel  Bowers' 


ESQRS. 


Of  the  LihaMtants  of  or  Projyrietors  of  Lands  within  the  Territory  formerly 
called  the  Province  of  Maine  ; 

Nathaniel  Sparhawk,  John  Bradbury  &  Jeremiah  Powell,  Esqrs. 

Of  the  Inhahitants  of  or  Proprietors  of  Lands  ivithin  the  Territory  lying 
betzoeen  the  River  of  Sagadahock  £  Nova  Scotia  ;    , 

James  Gowen,  Esq. 

•  See  Legislative  Records  of  the  Council,  xxix.,  233-239. 

'  Rejected  by  the  Governor.    See  Legislative  Records  of  the  Council,  xxix.,  239. 

[615] 


616     Province  Ijxws  {Resolves,  etc.).  —  1772-73.     [Representatives.] 


For  the  Province,  at  large :  — 
George  Leonard,  Jr.,  &  James  Humphrey,  Esqrs. 


EEPRESENTATIVES   OR  DEPUTIES. 

May  27,  1772  to  March  6,  1773. 

Mr.  THOMAS  GUSHING,  Speaker. 


County  of  Suffolk. 

Boston,   .     .     .  Thomas  Gushing,  Esq., 
Mr.  Samuel  Adams, 
John  Hancock,  Esq., 
"William  rhillips,  Esq. 
Capt.  William  Heath. 
Mr.  Samuel  Howe. 
Mr.  Josiah  Howe. 
Ebenezer  Thayer,  Jr.,  Esq. 
Mr.  Nathaniel  Bayley. 


Roxbury, 

Dorchester 

Milton,   . 

Braintree, 

Weymouth, 

Hingham  & 

Cohasset, 

Dedham, 

Medfield, 

Wrenlham, 

Brookline, 

Needham, 

Stoughion, 

and  Slough 

ionham, 

Medway, 

Walpole, 

Chelsea, 


■  John  Thaxter,  Esq. 

Mr.  Abner  Ellis. 
Capt.  Samuel  MorsQ. 
Mr.  Jabez  Fisher. 
Capt.  Benjamin  "Wliite. 
.  Capt.  Eleazer  Kingsbury. 

Mr.  Hezekiah  Gay. 

Capt.  Jonathan  Adams. 
Joshua  Clap,  Esq. 
,  Mr.  Thomas  Pratt. 


County  of  Essex. 
Salem,  .     .     .  Richard  Darby,  Jr.,  Esq., 

Mr.  John  Pickering,  Jr. 
Danvers,      .     .  Doctor  Samuel  Holton. 
Ipswich,       .     .  Capt.  Michael  Farley. 
Newbury,    .     .  Joseph  Gerrish,  Esq. 
Newburyport,  .  Capt.  Jonathan  Greenleaf. 
Marblehead,      .  Richard  Reed,  Esq., 

Mr.  Elbridge  Gerry. 
Lynyi,     .     .     .  Ebenezer  Burrill,  Esq. 
Andover,     .     .  Samuel  Phillips,  Esq. 
Beverly,      .     .  Mr.  Henry  Herrick. 
Rowley,  .     .     ■  Humphrey  Hobson,  Esq. 
Salisbury,   .     .  Mr.  Samuel  Smith. 
Haverhill,    .     .  Mr.  Jonathan  Webster. 
Gloucester,  .     .  Nathaniel  Allen,  Esq. 
Topsfield,     .     .  Capt.  Samuel  Smith. 
Boxfhrd,       .     .  Capt.  Asa  Perley. 


County  of  Essex  —  Concluded. 
Almsbury,   .     .  Isaac  Merrill,  Esq. 
Bradford,    .     .  Capt.  Daniel  Thurston. 


County  of  Middlesex. 


Cambridge, 
Charlestown, 
Wateriown, 
Woburn,  . 
Concord,  . 
Newton,  . 
Reading,  . 


Billerica, 
Framingham 
Lexington, 
Sudbury,  . 
Maiden,    . 
Westo7i,     . 
Medford,  . 
Hopkinstoti, 
Westford,  . 
Waltham, . 
Chelmsford, 
Orolon, 
Shirley  and 
Pepjierrell, 
Townshend, 
Sherburne, 


.  Capt.  Thomas  Gardner. 
.  Mr.  Nathaniel  Gorham. 
.  Mr.  Jonathan  Browne. 
.  IVir.  Oliver  Richardson. 
.  Capt.  James  Barrett. 
.  Abraham  Fuller,  Esq. 
.  Capt.  Daniel  Putnam. 
.  Mr.  Peter  Bent. 
.  William  Stickney,  Esq. 
.  Capt.  Josiah  Stone. 
.  Mr.  Jonas  Stone. 
.  John  Noj^es,  Esq. 
.  Mr.  Ebenezer  Harnden. 
.  Mr.  Abraham  Bigelow. 
.  Simon  Tufts,  Esq. 
.  John  Willson,  Esq. 
.  Capt.  Joseph  Reed. 
.  Jonas  Dix,  Esq. 
.  Mr.  Simeon  Spaulding. 


James  Prescott,  Esq. 


.  Capt.  Amos  Heald. 

.  Capt.  Joseph  Twitchell. 


Springfield  & 
Wilbraham, 


County  of  Hampshire. 

/'  Hon.  John  Worthington, 

)       Esq., 

C  Benjamin  Day,  Esq. 


Northampton  &  )  ^        ,   -.^      ,        -„ 
„     ,,         ,  >  Joseph  Hawley,  Esq. 

SouihamploH,      )  j  i 

^Hon.  Israel  Williams 
j      Esq. 

I  Mr.  Josiah  Pearce. 
(  Eleazer  Porter,  Esq. 


Southampt 
Hatfield, 
Whatcly  & 
Williamsburgh 
Hadley, 
South  Hadley, 
Amherst  and 
Granby, 


[Kepresentatives.]     'Province  Li aws  (Hesolves,  etc.).  —  1772-73.      617 


Capt.  John  Mosely. 


Mr.  Samuel  Hinsdale. 


County  of  Hampshike  —  Concluded. 
Wesijield  and 
Southwick. 
Dcerjield, 
Oreenjield. 
Shelburn  mid 
Conway, 
Sunderland  and 
Montague, 
Brimfield 
South  Br 
and  Monson 


Mr.  William  Billins 


Id,  -s 

'runjickl  > 
tson,        ) 


James  Bridgham,  Esq. 


County  of  Plymouth. 

Plymouth,  .     .     .  James  AVarren,  Esq., 

Mr.  Isaac  Lothrop. 
Scituate,     .     .     .  Mr.  Gideon  Vinall. 
Duxborough,    .     .  Capt.  John  Wadsworth. 
Marshfield,       .     .  Capt.  Anthony  Thomas. 
Bridgwate?-,      .     .  Daniel  Howard,  Esq. 
Middleborough,     .  Capt.  Benjamin  White. 
Rochester,    .     .     .  Mr.  Samuel  Sprague. 
Plympton,   .     .     .  Mr.  Samuel  Lucas. 
Pembroke,  .     .     .  Josiah  Keene,  Esq. 
Hanover,     .     .     .  David  Stockbridge,  Esq. 
Abington,    .     .     .  Capt.     Woodbridge 
Brown. 

County  of  Barnstable. 


Barnstable, 
Sandwich,  . 
Yarmouth,  . 
Eastham  and 
Welfleet, 
Harwich,  . 
Falmouth,  . 
Chatham,     . 

Cou 

Taunton,    . 

Rehoboth,  . 

Swanzey, 

Dartmouth, 

Norton  and 

Mansfield, 

Attleborough, 

Dighton,    . 

Freetown, 

Easton, 


.  Edward  Bacon,  Esq. 
.  Mr.  Stephen  Kye. 
.  David  Thaoher,  Esq. 

>  Mr.  Barnabas  Freeman. 

.  Mr.  Benjamin  Freeman. 
.  Capt.  Joseph  Robinson. 
.  Mr.  Joseph  Doane. 

NTY  of  Bristol. 
.  George  Godfrey,  Esq., 

Mr.  jSTehemiah  Lyscomb. 
.  Capt.  Joseph  Barney. 
.  Jerathmeel  Bowers,  Esq. 
.  Elisha  Tobey,  Esq., 
Mr.  Benjamin  Aikin. 

I  Dr.  George  Wheaton. 

.  Mr.  John  Daggett. 
.  Elnathan  Walker,  Esq. 
.  Thomas  Gilbert,  Esq. 
.  Capt.  Matthew  Hajward. 


York,  . 
Kittery,  . 
Wells,  .  . 
Berwick,  . 
Arundell,  . 
Bideford  & 
Pepjxrrel- 
boro\ 
Lebanon,  . 


County  of  York. 

.  Thomas  Bragdon,  Esq. 
.  Edward  Cutt,  Esq. 
.  John  Wheelwright,  Esq. 
.  Capt.  Nathan  Lord,  Jr. 
.  Thomas  Perkins,  Esq. 

>  Jeremiah  Hill,  Esq. 

.  Mr.  Samuel  Copps. 


Dukes  County. 
Edgartown,    .     .  Mr.  Thomas  Cooke. 
Chilmark,      .     .  Matthew  Mayhew,  Esq. 

la  THE  County  of  Nantucket. 
Sherburne,     .     .  Mr.  Stephen  Hussey. 


County 
Worcester, 
Lancaster, 
Mcndon, 
Brookfield, 
Oxford  & 
Charlton, 
Sutton,  . 
Leicester,  Spen- 
cer and  Paxton, 
Rutland,  Rut- 
land District, 
Oakham  and 
Hubbardston, 
Westborough  & 
Northborough, 
Shrewsbury,    . 
Lunenburgh, 
Fitchburgh, 
Uxbridge, 
Harvard,    , 
Bolton,  . 
Western, 
Petersham, 


of  Worcester. 
Mr.  Joshua  Bigelow. 
Capt.  Asa  Whitcomb. 
Mr.  Edward  Rawson. 
Jedediah  Foster,  Esq. 

•  Mr.  Jeremiah  Learned. 

.  Capt.  Henry  King. 

■  Mr.  Thomas  Denny. 

John  Murray,  Esq. 

Capt.  Stephen  Majniard. 

Mr.  Phineas  Heywood. 

Dr.  John  Taylor. 

Mr.  Joseph  Read. 
Israel  Taylor,  Esq. 
John  Whitcomb,  Esq. 
Simeon  Dwight,  Esq. 
Capt.  EphraimDoolittle. 


County  of  Cumberland. 
Falmouth  and     )  ,,..,,,.        _  „ 

Cape  Elizabeth,  l^^'^^^'^'^^^'^S^^^'i- 
Scarborough,       .  Mr.  Samuel  March. 

County  of  Lincoln. 
George  Town        ) 
and  Woolwich, 


618     Province  LiAWi^  {liesolves,  etc.).  —  1772-73.      [Representatives.] 

County  of  Berkshire.  County  of  Berkshire — Concluded. 

Sheffield,  Oreat  n  Piltsfield,   .     .     .  William  Williams,  Esq. 

Barringi07i  and   >  David  Ingersoll,  Jr.,  Esq.  Tyringham,    .     .  John  Chadwick,  Esq. 

Egremoni,           )  Lanesboroiigh,     .  'Mi.  Peter  Curtis. 

Stockbridge,    .     .  Mr.  Samuel  Browne.  Williamstown       .  Capt.  Isaac  Searl. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

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

1772-  

CHAPTER    1. 

VOTE   CHOOSING  GUARDIANS  FOR  THE   CHURCH'S   INDIANS. 

The  two  Houses  according  to  agreement  proceeded  to  the  choice  Legislative 
of  Guardians  for  the  Indians  called  Church's  Indians  in  Freetown,  couucif  xx*i^^, 

and  upon  sorting  and  counting  the  Votes  it  appeared  that  the  Rev''  246^ 

Silas  Britt,  M'  Samuel  Read  and  M''  Stephen  Borden  were  chosen.  House  Jour- 
[Passed  June  2.  ^^iS?'    ' 


CHAPTER    2. 

VOTE   CHOOSING  GUARDIANS  FOR  THE  PLYMOUTH   INDIANS. 

The  TWO  Houses  according  to  agreement  proceded  to  the  choice  Legislative 
of  Guardians  for  the  Indians  called  the  black  ground  Indians  in  the  councif,  xxix^, 
Town  of  Plymouth  and  the  Indians  in  the  Town  of  Sandwich,  and  ^'v?'''^^- 
upon  sorting  and  counting  the  Votes  it  appeared  that  the  hon''''^  xxxiu.,  sei. 
James  Otis  Esq''  M'  Isaac  Lothrop  and  M'  Stephen  Nye  were  chosen.  House  .lour. 
[^Passed  Jime  2.  "i'-  p-  i^  *"• 


CHAPTER    3. 

RESOLVE   ALLOWING   £8  TO  SAM^  WINTHROP. 

A  Petition  of  Samuel  Winthrop  one  of  the  Clerks  of  the  Supe-  Legislative 
rior  Court  &c  Setting  forth     That 'in  May  1768  he  attended  the  colinrif,  xx' x^, 
Judges  of  the  said  Court  to  Nantucket  and  officiated  as  their  Clerk  25--   Mass. 
in  the  Trial  of  a  capital  offender  there.  And  praying  an  allowance  xnv.,723.' 
for  his  service  and  expences,  as  has  been  usual  on  such  occasions.      Mass. 
[Read  and]  xuv"-!!' 

Resolvd  that  there  be  allowd  &  paid  out  of  the  publick  Treasury  House  Jour- 
to  Samuel  Winthrop  Esq'  the  Sum  of  Eight  pounds  in  full  for  his  "11,1111.25,28. 
Expence  &  Trouble  as  mentiond  in  this  Petition.      \_Pa.ssed  June  5. 

[619] 


620 


Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  4,  5.] 


CHAPTER    4, 


RESOLVE   IMPOVVERING   HANNAH   SNOW,  ADM-^,  TO    SELL   REAL   ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxix., 


House  Jour- 
nal, pp.  34, 26. 
I*roTinre 


A  Petition  of  Hannah  Snow  administratrix  of  the  Estate  of  her 
late  Husband  Jabez  Snow  jun'  late  of  Westborough  Housewright 
deceased  Setting  forth  That  the  said  deceased  a  short  time  before 
his  death  purchased  a  tract  of  Land  lying  in  Southborough  of  the 
value  of  £133.(5.8;  and  at  the  time  of  his  death  had  paid  but  the 
sum  of  £6.13.4:  in  part  thereof  That  the  said  deceased  left  no  other 
Eeal  Estate  than  that  beforementioned,  except  a  small  interest  in 
one  room  of  a  dwelling  house  in  Westborough  That  the  Petitioner 
cannot  discharge  the  debts  of  the  deceased  without  the  sale  of  near 
the  whole  of  the  Real  Estate,  which,  in  all,  consists  of  about  forty 
acres  of  Land.  And  praying  that  she  may  be  inipowered  to  make 
sale  of  the  whole  of  the  Real  Estate  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
the  Petitioner  be  and  she  accordingly  is  hereby  fully  impowered  to 
make  sale  of  the  whole  of  the  Real  Estate  in  her  Petition  mentioned 
for  the  most  the  same  will  fetch  and  make  and  execute  a  good  and 
sufficient  deed  or  deeds  thereof;  provided  she  observe  the  rules  and 
directions  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  first  give  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Worcester  that  the  proceeds  of  said  sale  shall 
be  applied  as  followeth  viz'  that  the  Widow  of  said  deceased  be 
allowed  the  use  of  one  third  thereof  in  lieu  of  dower  during  her 
natural  life,  and  the  other  two  thirds  be  af)plied  for  the  payment 
of  the  deceaseds  just  debts  and  the  overplus,  if  any  be,  be  put  to 
Interest  for  the  benefit  of  the  legal  Heirs  of  the  deceased,  and  tliat 
the  Widows  third  be  paid  to  the  respective  Heirs  or  their  legal  Rep- 
resentatives immediately  after  her  decease,  'provided  the  debts  of 
the  said  deceased  be  all  first  discharged.      \^Passed  June  5. 


CHAPTER    5 


RESOLVE  ADJOURNING   COURTS   IN   BARNSTABLE   COUNTY. 


House  .Jour- 
nal, p.  36. 
Province 
Laws,  v.,  45, 
chap.  18. 


Kecords'of  the  Whereas  the  Court  of  Gene^-al  Sessions  of  the  peace  and  Inferior 
Council,  xxix.,  Court  of  Common  pleas  by  Law  are  to  be  holden  at  Barnstable  in 
and  for  the  County  of  Barnstable  on  the  last  Tuesday  in  June  in- 
stant :  and  whereas  a  number  of  the  Justices  of  tlie  said  Courts  who 
are  members  of  the  General  Court  will  be  unable  to  attend  their 
duty  here  by  reason  of  their  being  obliged  to  attend  the  first  men- 
tioned Courts  provided  they  should  be  held  at  the  time  aforesaid. 

Resolved  that  the  said  Court  of  General  Sessions  of  the  peace  and 
Inferior  Court  of  Common  pleas  be  and  are  hereby  adjourned  to  the 
third  Tuesday  in  July  next  and  that  every  matter  or  thing  that 
might  have  had  day  in  the  same  Courts  provided  they  had  not  been 
adjourned,  shall  have  day  on  said  adjournment  and  be  acted  upon 
to  final  Judgment  and  Execution  to  all  intents  and  purjjoses  as  fully 
as  if  no  adjournment  had  taken  place.      \^Passed  June  9. 


[1st  Sess.]     Province  LiAws  (Resolves,  etc.) .  —  1772-73.  •         621 


CHAPTBK    6. 

RESOLVE  ESTABLISHING  THE  GARRISON  AT   FORT  POWNALL   AND   THE 
WAGES  THEREOF. 

Resolved  that  there  be  an  establisJiment  for  twenty  men,  officers  Legislative 
included,  for  Fort  Pownall  at  Penobscot,  and  that  their  Wages  be  coSnc'if  xxix^ 
fixed  at  the  following  Rates,  to  continue  for  one  year  from  the  ^qs. 
twentieth   of   this  instant   June.    One  Lieutenant   ^   month    two  House  Jour, 
pounds,   ten   shillings;    one   Chaplain  ^  ditto  four   pounds;    one  °*'>y-3'- 
Interpreter  ^  ditto,  two  pounds  ten  shillings;  one  Gunner  ^  ditto 
two  pounds,  five  shillings;  one  armourer  <{f>  ditto,  one  pound,  ten 
shillings;  fifteen  privates  each,  ^  ditto,  one  pound,  four  shillings. 
[Passed  June  10. 


CHAPTER    7, 


RESOLVE  IMPOWERING  JOHN  TWISS  AND  JOSHUA  BALDWIN,  GUAR- 
DIANS, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO   THE   PROCEEDS. 

A  Petition  of  John  Twiss  of  Tewksbury  Guardian  for  his  Chil-  Legislative 
dren,  Samuel,  Daniel,  Lydia  and  Abigail,  minors,  and  of  Joshua  Records  of  the 

'J  O  '  '  Council,   XXIX 

Baldwin  of  said  Tewksbury  Guardian  for  the  Children  of  Josiah  Kid-  -isg. 

der  of  said  Tewksbury  viz'  Jonathan,  Molley  and  Mary,  minors    Set-  House  Jour- 

ting  forth     That  Kendall  Patten  late  of  said  Tewksbury  deceased  proviSce'*' ^^' 

Grandfather  to  the  said  minors  left  to  them  &  divers  other  persons,  Laws,  ii.,  i,ii, 

who  are  of  age,  as  Intestate  Estate,  about  eighty  six  acres  of  Land  "^  *^' 

in  said  Tewksbury  in  four  pieces,  with  about  one  third  part  of  the 

buildings     That  the  Fences  and  buildings  on  the  said  Land  are  old 

«&  decayed  and  the  said  Estate  will  not  admit  of  a  division  among 

the  Heirs     That  the  Heirs  who  are  of  age  are  about  selling  their 

Rights  in  the  premises.  And  praying  that  they  may  be  impowered, 

in  their  said  capacity,  to  make  sale  of  the  said  minors  interest  in 

the  premises  also. 

[Read  and] 

Resolved  that  the  prayer  of  the  within  Petition  be  granted,  and 
the  Petitioners  be  and  they  are  hereby  impowered  to  make  sale  of 
the  shares  of  the  Real  Estate,  in  the  Petition  mentioned,  belonging 
to  their  respective  Wards  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  and  sufficient  deed  or  deeds  of  the  same, 
they  observing  the  rules  and  directions  of  the  Law  relative  to  the 
sale  of  Real  Estates  by  Executors  &  administrators  and  giving  suffi- 
cient security  to  the  Judge  of  Probate  for  the  County  of  Middlesex 
that  the  proceeds  of  said  sale  be  put  to  Interest  for  the  benefit  of 
said  minors,  to  be  divided  among  them  in  the  same  proportion  as 
the  Real  Estate  would  have  been  in  case  the  same  had  not  been 
sold.     \^Passed  June  10. 


622 


Province  Laws  {Resolves,  etc. ) .  —  1772-73.     [Chaps.  8,  9.] 


CHAPTER    8. 

EESOLVE   IMPOWERING   HAN"   CLARK,  ADM'=,  TO   SELL   LAND. 

EecoJds^oUhe       ^  PETITION  of  Hanuah  Clark  administratrix  of  the  Estate  of 
Council,  xxix.,  Gershom  Clark  late  of  Northampton  in  the  County  of  Hampshire 

— deceased     setting  forth     That  the  said  Gershom  in  his  life  time 

nai^ppfaMO,     '^'^'i  agreed  with  the  Eev''  Jonathan  J  add  of  Southampton  in  the 
"■  same  County  to  sell  and  convey  to  the  said  Jonathan  a  piece  of 

Land  in  Northampton  aforesaid  being  the  Southerly  half  part  of 
Lot  N°  84  in  the  long  division,  so  called,  and  containing  sixty  one 
acres  and  four  perch;  for  which  Lauds  the  said  Jonathan  was  to 
pay  to  the  said  Gershom  at  the  rate  of  six  shillings  fj  acre,  and 
that  the  sale  as  aforesaid  would  now  serve  the  interest  of  the  Heir 
of  the  said  Gershom  the  Intestate.  And  jsraying  that  she  may  be 
impowered  to  make  sale  of  the  Lands  aforesaid  in  manner  and  for 
the  consideration  aforesaid. 
[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  impowered  to  sell  and  convey  to  the  Eev''  Jonathan  Judd 
tlie  piece  of  Land  in  the  Petition  mentioned,  on  the  conditions 
therein  set  forth,  and  make  and  execute  a  good  and  sufficient  deed 
thereof  to  him  the  said  Jonathan;  she  giving  sufficient  security  to 
the  Judge  of  Probate  for  the  County  of  Hampshire  that  the  money 
arising  by  said  sale  and  the  Interest  that  may  arise  thereon  be  ap- 
plied as  the  said  Real  Estate  and  the  income  thereof  would  have 
been  in  case  the  same  had  not  been  sold.     [Passed  June  10. 


CHAPTER    9, 


RESOLVE    GRANTING    500    ACRES    OF    EQUIVALENT    LAND    TO    FRA^ 
FULLAM. 


lieglslatlve 
Records  of  the 
Council,  xxix., 

•2iM. 

legislative 
Becords  of  the 
Council,  xxix., 
200.    House 
Journal,  pp.  19, 
20,  40,  41. 
Province 
Laws,  xi.,  434, 
chap.  67;  xvii., 
244,  chap.  50. 
Ante^  p.  43, 
chap.  82. 


A  Petition  of  Francis  Fullam  of  Fitchburgh  Praying  for  the 
Grant  of  a  Tract  of  unappropriated  Land  in  lieu  of  his  proportion 
of  a  Township  formerly  granted  to  the  Soldiers  under  the  command 
of  Cap'  John  Lovewell,  which  fell  into  Newhampshire  on  runiug 
the  Line  between  that  Province  and  the  Massachusetts 

[Read  and] 

Resolved  that  there  be  granted  to  Francis  Fullam  his  Heirs  and 
assigns  five  hundred  acres  of  Land  to  be  laid  out  in  an  unappro- 
priated tract  of  Land  in  the  westerly  part  of  the  Province  adjoining 
to  ten  thousand  acres  granted  to  Cornelius  Jones,  called  Merrifield, 
to  satisfy  his  proportion  of  the  Grant  in  his  Petition  mentioned, 
which  he  lost  by  the  runing  Newhampshire  line,  and  that  the  Peti- 
tioner at  his  own  cost  cause  the  same  to  be  laid  out  by  skilful  Sur- 
veyor and  Chainmen  under  oath,  and  return  a  plan  of  the  same  to 
this  Court  for  acceptance  within  twelve  months.      [Passed  June  11. 


[1st  Sess.]     Province  Laws  (Besolves,  etc.).  —  1772-73.  623 


CHAPTEK    10. 

RESOLVE  IMPOWERING  WILL"  BALDWIN,  ADM^  TO  SELL   REAL  ESTATE 
AND   MAKING   PROVISION    IN   REGARD   TO   THE    PROCEEDS. 

A  Petition  of  William  Baldwin  administrator  of  the  Estate  of  Legislative 
Keyuolds  Seager  late  of  Sudbury  deceased  and  Guardian  of  Hannah,  councif,  xxix!, 
Eeynolds,  Elizabeth  and  John  Seager,  Children  and  Heirs  of  the  """ 


said  deceased  Setting  forth  That  the  Eeal  Estate  of  said  deceased  ^ai^p'^gy^-j 
consists  of  a  Farm  in  said  Sudbury  containing  about  one  hundred  Proviuce 
acres,  with  a  dwelling  house  and  Barn  thereon ;  that  the  dwelling  cha^!'io.''  "  ' 
house  and  fences  are  greatly  decayed,  and  if  not  soon  repaired,  at  a 
very  considerable  expence,  must  fall  into  total  ruin.  That,  as  it  will 
be  near  nineteen  years  before  the  said  Children  are  all  of  age,  it  is 
certain  the  said  Estate  cannot  be  kept  for  them  without  very  con- 
siderable loss,  because  even  when  the  necessary  repairs  are  com- 
pleated  it  is  not  probable  that  the  Estate  will  Eent  for  more  than 
three  per  Cent  of  the  principal  Sum  at  which  it  is  appraised,  and 
for  which,  it  is  apprehended  it  may  now  be  sold;  out  of  which  Eent 
there  must  be  a  constant  annual  deduction  for  repairs;  and  perhaps 
the  whole  Eent  expended  That  he  apprehends  it  to  be  clearly  for 
the  benefit  and  advantage  of  his  said  Wards  that  the  Estate  afore- 
said should  be  sold  and  the  proceeds  thereof  be  put  to  Interest  upon 
good  security.  And  praying  that  he  may  be  impowered  to  make  sale 
of  the  same  accordingly. 

[Bead  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  and  he  hereby  is  fully  impowered  to  sell  the  Eeal  Estate 
in  his  Petition  mentioned  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  deed  or  deeds  thereof  he  observing  the 
directions  of  the  Law  for  the  sale  of  Eeal  Estates  by  Executors  & 
administrators,  and  giving  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Middlesex  that  the  proceeds  of  said  sale  be 
put  to  Interest  for  the  benefit  of  the  Heirs  to  said  Estate,  to  be  by 
them  inherited  in  the  same  proportion  as  they  would  have  inherited 
the  Eeal  Estate  in  case  the  same  had  not  been  sold.    \^Passed  June  11. 


CHAPTER    11. 

RESOLVE  IMPOWERING  ENOCH  BARTLETT   TO   SELL   REAL   ESTATE   AND 
MAKING  PROVISION   IN   REGARD   TO  THE   PROCEEDS. 

A  Petition  of  John  Burrill  and  others     Setting  forth     That  Legislative 
that  part  of  the  Eeal  Estate  of  Edward  Tompson  late  of  Haverhill  coumi^ xxix!, 
deceased  which  was  set  off  to  his  Widow  as  her  dower  (who  is  since  ?!ili 


deceased)  and  which  consists  of  part  of  an  old  House  and  about  ^°"'"^ ''o°"Io 
eight  rods  of  Land  in  said  Haverhill,  will  not  admit  of  a  division  43. '  Province 
among  the  Heirs  That  they,  the  Petitioners,  and  sundry  minors  cbap!'io.''  ^^^' 
Heirs  of  Abigail  Eobinson  deceased,  are  the  Heirs  to  the  said  Estate. 
And  praying  that  Enoch  Bartlett  Esq'  of  said  Haverhill  may  be  im- 
powered to  make  sale  of  the  premises  for  the  benefit  of  the  Heirs; 
the  Guardian  of  the  said  Minors  joining  in  the  prayer  of  the  said 
Petition. 


624 


Province  Laws  {Resolves,  etc.) .  — 1772-73.     [Chaps.  12,  13.] 


[Eead  and] 

Resoli'd  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
within  named  Enoch  Bartlet  be  and  he  hereby  is  fully  impowered 
to  make  sale  of  the  part  of  the  House  and  the  Land  in  the  Petition 
mentioned  for  the  most  the  same  will  fetch,  and  make  and  execute 
a  good  and  sufficient  deed  or  deeds  of  the  same,  he  observing  the 
rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  ad- 
ministrators and  giving  security  to  the  Judge  of  Probate  for  the 
County  of  Essex  that  the  proceeds  thereof  be  divided  among  the 
Heirs  in  the  same  proportion  as  they  would  have  inherited  the  said 
House  and  Land  in  case  the  same  had  not  been  sold.    [PassedJune  11. 


CHAPTEE    12, 


House  Jour- 
nal, pp.  21, 43, 


ORDER   IMPOWERING   ISAAC   JEFFRY,  INDIAN,  TO    EXCHANGE   LAND. 

Legislative  A  PETITION  of  Isaac  JefEry  Indian  man  living  at  a  place  called 

uouncif,  xx^x*;.  Monument  within  the  Township  of  Plymouth    Setting  forth    That 

•^: he  owns  about  seven  acres  of  Land  at  said  Monument,  which  he 

cannot  improve  to  so  good  advantage  as  he  might  a  certain  piece 
of  Land  in  the  neighborhood,  nigher  to  him,  belonging  to  one 
Silvanus  Bartlet  of  said  Town,  who  is  willing  to  exchange  with 
him  upon  reasonable  terms.  And  praying  that  he  may  be  impow- 
ered to  make  such  exchange,  and  that  some  person  may  be  ap- 
pointed to  see  justice  done  him  therein. 
Eead  and 

Ordered  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  is  hereby  impowered  v^ith  the  advice  and  assist- 
ance of  James  Warren  Esq'  to  make  the  exchange  of  the  Land  in 
the  Petition  mentioned  with  Silvanus  Bartlet,  and  to  make  and 
execute  a  good  deed  or  deeds  of  exchange  of  the  same.  \_Passed 
June  11. 


CHAPTEE    13. 

RESOLVE   IMPOWERING  JACOB  TUSNUCK,  INDIAN,  TO    EXCHANGE  LAND. 


Legislative 
Records  of  the 
Council,  xxix., 


House  .Jour- 
nal, pp.  "il 
Province 
Laws,  XV 
354,  chap. 


45. 


A  Petition  of  Jacob  Tusnuck  Indian  of  Stockbridge  Setting 
forth  That  he  owns  three  acres  of  poor  pine  Land  in  said  Stock- 
bridge,  bounded  Easterly  on  a  highway  leading  from  the  hill  to  the 
plain.  Southerly  on  the  highway  leading  from  the  meeting  house 
to  M''  Joseph  Woodbridge's  and  northerly  and  Westerly  on  Land 
belonging  to  Josiah  Jones,  which  he  has  agreed  to  exchange  with 
Timothy  Edwards  Esq'  for  three  acres  of  good  interval  Land  which 
will  be  worth  much  more  to  the  Petitioner.  And  praying  that  he 
may  be  impowered  to  make  such  exchange  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  allowed  to  make  the  exchange  of  Lands  in  said  Peti- 
tion mentioned,  and  make  and  execute  a  good  and  sufficient  Deed 
of  the  Lands  in  said  Petition  first  mentioned,  to  said  Timothy 
Edwards  his  Heirs  and  assigns  forever,  to  be  holden  in  fee;  pro- 
vided said  exchange  of  Lands  be  made  under  the  special  and  im- 
mediate direction  of  Timothy  Woodbridge  Esq'.     \^Passed  June  12. 


[1st  Sess.J     Province  Laws  {Resolves,  etc.).  — 1772-73.  625 


CHAPTEE    14. 

RESOLVE   IMPOWERING   MOSES    LITTLE    TO   SELL   REAL   ESTATE   AND 
MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Francis  Worcester  and  Elizabeth  his  Wife,  David  Reford"of  the 
Perkins  and  Elizabeth  his  Wife,  Joseph  Pulcifer  and  Mary  his  Wife,  Councif,  xxix., 
Ezekiel  Eliot  and  Sarah  his  Wife    Setting  forth    That  Moses  Brown  ""' 


late  of  Newburyport  in  the  County  of  Essex  Yeoman  deceased,  died  ^""pp'sTIs 
Intestate,  leaving  the  first  named  Elizabeth  his  Widow,  and  Eliza-  «• '  Province 
beth  Perkins,  Mary  Pulcifer,  Sarah  Eliot,  aforenamed,  and  Hannah  chap!io.''  ^^' 
Brown  and  John  Brown  his  Children;  which  two  last  are  now  under 
the  age  of  ten  years,  and  his  said  other  Children  all  under  the  age 
of  twenty  one  years  That  the  said  Elizabeth  Worcester  administred 
on  tlie  Estate  of  the  said  deceased  and  has  the  care  of  the  two  youngest 
Children  and  that  she,  with  all  her  Children,  are  removed  and  live 
in  the  Province  of  Newhampshire  That  all  the  Real  Estate  of  the 
said  deceased  lies  in  said  Newburyport  and  consists  in  a  small  dwell- 
ing house  and  about  one  quarter  of  an  acre  of  Land,  which  are  ap- 
praised at  about  £300  That  the  said  Real  Estate  will  not  admit 
of  a  division  among  the  Heirs,  and  that  the  sale  of  it  at  this  time 
must  be  greatly  beneficial.  And  praying  that  the  said  Francis  Worces- 
ter and  Elizabeth  his  Wife  may  be  impowered  to  make  sale  of  the 
premises  for  the  benefit  of  the  Heirs  and  Creditors  of  the  said 
deceased. 

[Read  and] 

Resolved,  on  the  Petition  of  Francis  Worcester  and  others,  that 
the  prayer  of  the  Petition  be  so  far  granted  as  that  Moses  Little  of 
Campton  in  the  Province  of  Newhampshire  Esq''  be  and  he  hereby 
is  fully  impowered  to  make  sale  of  the  Real  Estate  in  the  Petition 
mentioned  for  the  most  the  same  will  fetch,  and  make  and  execute 
a  good  and  sufficient  deed  or  deeds  of  the  same,  he  observing  the 
directions  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators,  first  giving  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Essex  that  the  proceeds  of  said  sale  be  ap- 
plied as  follows  viz' that  the  just  debts,  if  any  due  from  said  Estate, 
be  all  first  paid ;  and  one  third  part  of  the  remainder  be  put  to  Inter- 
est for  the  use  of  the  first  named  Elizabeth  in  said  Petition,  and  the 
Interest  thereof  paid  her  annually  as  her  dower  during  life,  and  that 
the  remainder  be  divided  among  the  Heirs  in  the  proportion  they 
would  have  inherited  the  said  Real  Estate  in  case  the  same  had  not 
been  sold,  and  that  the  abovementioned  third  be  divided  after  the 
decease  of  said  Elizabeth  among  said  Heirs  in  the  proportion  above 
specified.     [Passed  June  12. 


CHAPTER    15. 

RESOLVE   IMPOWERING  ENOCH   BARTLET   TO   SELL   REAL  ESTATE    AND 
MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Enoch  Bartlet  of  Haverhill  and  Thomas  Bartlet  J^egiBiative 
of  Newbury  Sons  of  Thomas  Bartlet  late  of  said  Newbury  deceased  CoSucii'  xxS^, 
Intestate  Setting  forth     That  the  said  Intestate  in  the  year  1744  °''^- 


626 


Province  Laws  (Resolves, etc.).  — 1772-73.     [Chap.  16.] 


House  Jour- 
nal, pp.38, 4o. 
Province 
Laws,  li.,  151, 
chap.  10. 


died  siezed  of  Lands  equal  to  three  original  rights  in  the  Narra- 
gauset  Township  number  one,  in  the  County  of  York,  and  of  about 
forty  acres  of  Land  in  Falmouth,  now  in  the  County  of  Cumber- 
land, which  have  never  been  settled  or  divided  among  his  Heirs 
but  have  for  more  than  twenty  seven  years  past  been  under  the 
care  of  the  said  Enoch,  the  administrator  on  said  Estate,  who  has, 
at  sundry  times,  paid  more  than  forty  pounds  for  the  Taxes  assessed 
thereon,  for  which  he  has  received  no  pay  or  allowance.  And  pray- 
ing, agreable  to  the  express  desire  of  the  Heirs,  that  the  said  Enoch 
Bartlet  may  be  impowered  to  make  sale  of  the  premises  for  the  re- 
imbursment  of  the  said  Taxes  and  his  other  charges  thereon,  with 
Interest,  and  for  the  benefit  of  the  Heirs. 

[Read  and] 

Besolved  that  the  prayer  of  the  within  Petition  be  granted,  and 
that  the  said  Enoch  Bartlet  be  and  he  hereby  is  fully  impowered 
to  make  sale  of  the  Lands  in  the  Petition  mentioned  for  the  most 
the  same  will  fetch,  and  make  and  execute  a  good  and  sufficient 
Deed  or  deeds  thereof  to  the  purchaser  or  purchasers,  he  observ- 
ing the  rules  and  directions  of  the  Law  respecting  the  sale  of  Real 
Estates  by  Executors  &  administrators  and  giving  sufficient  security 
to  the  Judge  of  Probate  for  the  County  of  Essex  that  the  proceeds 
of  said  sale  be  applied  first  for  the  payment  of  the  Taxes  and  other 
charges  that  have  justly  arisen  or  may  arise  on  said  Lands,  and  the 
remainder,  if  any,  be  accounted  for  and  paid  to  the  several  Heirs 
of  said  Lands,  to  each  one  in  such  proportion  as  they  might  have 
inherited  the  said  Lands  in  case  the  same  had  not  been  sold.  [Passed 
June  12. 


CHAPTER    16, 


RESOLVE    IMPOWERING    MIRIAM    SWAN,  GUARDIAN,  TO   SELL   PART   OF 
AN  ESTATE  AND  MAKING  PROVISION  IN  REGARD   TO   THE  PROCEEDS. 


Legislative 

Records  of  the 
Council,  xxix., 

270. 

Legislative 
Records  of  the 
Council,  xxix., 
lJi3.    House 
Journal,  pp.  19, 
20,  46,  47. 
Province 
Laws,  ii.,  161, 
chap.  10. 


A  Petition  of  Miriam  Swan  Guardian  of  Joseph  Swan  a 
minor  Praying  that  she  may  be  impowered  to  make  sale  of  tlie 
said  minors  interest  in  certain  Real  Estate,  which  fell  to  him  by 
his  Great  Grandfather 

[Read  and] 

Resolved  that  this  Petition  be  revived  and  that  the  prayer  thereof 
be  granted,  and  that  the  Petitioner  be  and  she  is  hereby  fully  im- 
powered to  make  sale  of  her  Sons  share  in  the  Lands  in  her  Peti- 
tion mentioned  for  the  most  the  same  will  fetch,  and  make  and 
execute  a  good  and  sufficient  deed  or  deeds  thereof,  she  observing 
the  rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  giving  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Essex  that  the  proceeds  of  said  sale  shall  be 
put  to  Interest  for  the  benefit  of  said  Child,  and  shall  be  paid  to 
him  when  he  shall  arrive  to  the  age  of  twenty  one  years,  saving 
■what  may  be  allowed  her  by  said  Judge  out  of  the  Interest,  to 
enable  her  to  support  her  said  Son  during  his  minority. 
June  13. 


[1st  Sess.]     Province  1j&.v/s  {Resolves,  etc.).  — 1772-73.  627 


CHAPTER    17. 

RESOLVE   IMPOWERING   SARAH   WALKER,   ADM^,   TO    SELL    LANDS    AND 
MAKING   PROVISION   IN   REGARD   TO  THE   PROCEEDS. 

A  Petition  of  Sarah  Walker  administratrix  of  the  Estate  of  her  Legislative 
late  Husband  Isaac  Walker  late  of  Boston  merchant  deceased 
ting  forth,  That  Joseph  Green  late  of  Boston  Escf  deceased  and  the  '^^ 


said  Isaac  were  for  many  years  joint  merchants  and  Copartners  in  House  Jour. 
Trade  and  as  such  became  siezed,  as  tenants  in  common  of  divers  provlScI'^'  *' 
tracts  of  Land  in  tlie  County  of  Berkshire;  which,  after  the  death  J")!!",^'!"'''^' 
of  the  said  Joseph  and  Isaac,  were  by  order  of  the  Judge  of  Probate  ^n«c,'p,  bu, 
for  the  County  of  Suffolk,  divided  and  set  apart  to  their  respective  '^'"*i'--i'- 
Heirs  and  Representatives    That  the  Heirs  of  the  said  Joseph  Green 
are  about  to  make  sale  of  their  part  of  said  Lands,  which  if  sold 
separately  from  tliat  part  assigned  to  the  said  Isaac's  Heirs,  will 
greatly  prejudice  and  lessen  the  value  thereof,  if  not  wholly  obstruct 
the  sale.  And  praying  that  she  may  be  impowered  to  make  sale  of 
the  said  Lands;  the  Heirs  of  the  said  Isaac  having  signified  their 
consent  thereto. - 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  she  accordingly  is  hereby  impowered  to 
sell  the  several  tracts  of  Land  in  the  Petition  mentioned  for  the 
most  the  same  will  fetch,  and  make  and  execute  a  good  and  sufij- 
cient  deed  or  deeds  thereof  in  Law,  she  observing  the  rules  and 
directions  of  the  Law  respecting  the  sale  of  Real  Estates  by  Execu- 
tors and  administrators  and  giving  sufficient  security  to  the  Judge 
of  Probate  for  the  County  of  Suffolk  that  one  third  of  the  proceeds 
of  said  sale  be  put  on  Interest,  and  the  Interest  thereof  applied  for 
the  use  of  the  administratrix  in  lieu  of  her  dower  in  said  Lands, 
and  the  remainder  divided  among  the  Heirs  to  said  Estate  in  the 
same  proportion  they  might  by  Law  have  inherited  said  Estate  in 
case  the  same  had  not  been  sold,  and  also  that  the  third  on  which 
the  Widows  dower  is  to  arise  be,  after  her  decease,  divided  in  the 
same  manner.     \^Passecl  June  12. 


CHAPTER    18, 


RESOLVE  IMPOWERING  SAMUEL  PARK  AND  JOSHUA  HEMINWAY  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  the  administrators  and  Heirs  of  the  Estate  of  Legislative 
Daniel  Fairbanks  late  of  Holliston  deceased     Setting  forth     That  cmmcif,  xxVi^, 

the  said  deceased  died  siezed  of  a  Real  Estate  in  said  Holliston;  Vli 

part  whereof  must  be  sold  for  payment  of  debts     That  the  said  ^.^"f  "^3°-"^^ 
Estate  is  so  much  out  of  repair  that  it  is  judged  the  Rent  for  five  "a^  'provi'nce 
or  six  years  to  come  will  hardly  put  it  in  repair.  That  the  said  Real  Si'^i^^'iu."  ^^'' 
Estate  will  not  admit  of  a  division  among  the  Heirs  without  great 
prejudice  thereto,  and  those  of  them  who  are  of  age  are  in  great 
want  of  their  respective  shares  therein.  And  praying  that  the  Guar- 
dians of  those  of  the  Heirs  who  are  under  age  may  be  impowered 
to  make  sale  of  the  j)remises. 


628 


Province  Laws  (Benolves,  etc.).  — 1772-73.     [Chaps.  19,  20.] 


[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  Samuel  Park  and  Joshua  Heminway  be  and  they  are  hereby 
impowered  to  make  sale  of  the  whole  of  the  Real  Estate  in  the  Peti- 
tion mentioned  for  the  most  the  same  will  fetch,  and  make  and  exe- 
cute a  good  and  sufficient  deed  or  deeds  of  the  same,  they  observing 
the  rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates  by 
Executors  and  administrators  and  giving  sufficient  security  to  the 
Judge  of  Probate  for  the  County  of  Middlesex  that  the  proceeds 
of  said  sale  be  applied  as  follows  viz*  the  Interest  of  one  third  part 
thereof  be  paid  to  the  Relict  of  Daniel  Fairbank  deceased,  during 
her  life,  and  that  the  remainder,  after  paying  all  the  just  debts  due 
from  the  Estate  be  divided  among  the  Heirs  to  said  Estate  in  the 
proportion  they  might  have  inherited  said  Estate  in  case  the  same 
had  not  been  sold,  and  also  that  the  abovementioned  third  of  said 
proceeds  be  inherited  by  the  Heirs  in  the  same  proportion  after  the 
decease  of  the  Widow  or  Relict  of  the  abovementioned  Daniel  Fair- 
bank.     \^Passed  June  12. 


CHAPTER    19, 


RESOLVE  GRANTING  200  ACRES  OF  EQUIVALENT  LAND  TO  JOHN  DENNIS. 


Legislative 
Records  of  the 
Council,  xxix., 


House  Jour- 
nal, pp.  30, 50. 
Province 
Laws,  XV.,  62, 
chap.  143. 


A  Petition  of  John  Dennis  Setting  forth  That  the  General 
Court  formerly  granted  him  two  hundred  acres  of  Land  on  Cox 
Hall  and  Phillips  Town  lines,  which  has  lately  appeared  to  inter- 
fere with  other  Grants,  so  that  he  can  receive  no  benefit  therefrom. 
And  praying  that  he  may  have  a  Grant  of  other  Lands  equivalent 
thereto. 

[Read  and] 

Resolved  that  there  be  and  hereby  is  granted  to  the  Petitioner 
four  hundred  acres  of  the  unappropriated  Lands  of  the  Province 
lying  to  the  Eastward  of  Saco  River  adjoining  to  some  other  Grant 
within  this  Province,  he  returning  a  plan  thereof  to  this  Court  taken 
by  a  Surveyor  and  Chaiumen  under  Oath  for  that  purpose  in  one 
year  from  the  date  hereof;  and  the  Lands  so  laid  out  and  returned, 
to  be  in  full  satisfaction  for  all  former  Grants  as  well  as  for  the  cost 
and  charges  arising  thereupon  to  the  Petitioners.    \^Passed  June  13. 


CHAPTEE    20, 


ORDER   appointing   A   COMMITTEE   FOR   MAKING   SALE   OF    MATERIALS 
OF  THE   OLD  POWDER  HOUSE. 


Legislative 
Records  of  the 
Council,  xxix., 
275.    Mass. 
Archives, 
Ixxx.,  701. 

House  Jour- 
nal, p.  49. 
Province 


In  the  House  of  Representatives 
Orderd  that  M''  Hancock  M'  Phillips  &  M'  Adams  with  such  as 
shall  be  joynd  by  the  Hon*"'  Board  be  a  Committee  &  they  are  hereby 
authorizd  &  impowerd  to  make  sale  of  the  Materials  of  the  old 
Powder  Magazine  in  the  Town  of  Boston  for  the  most  the  same 
shall  fetch  as  soon  as  the  powder  now  therein  shall  be  removd  to 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1772-73.  629 

the  Powder  magazine  lately  erected  in  said  Town  by  order  of  the  Lawe,v.,i67, 
General  Court  p^tfo.chap.ll: 

In  Council  Read  &  Concurred  &  William  Brattle  &  Tho^  Hubbard 
Esq"  are  Joined.     [Passed  Jtme  16. 


CHAPTEK    21. 

RESOLVE  IMPOWERING  ANNA  POOL,  GUARDIAN,  TO  SELL   REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Anna  Pool  of  Boston  Guardian  of  her  two  Chil-  ggf^rds  of  th 
dren,  Fitch  Pool  and  Nancy  Pool  minors     Setting  forth     That  her  Council,  xxix., 

deceased  Husband  dietl  siezed  of  a  quarter  part  of  a  Distil  house  '''— 

in  Boston,  the  expences  attending  the  repairs  of  which,  makes  the  ?ai"pp!\°"5'i. 
income  thereof  unequal  to  the  Interest  of  the  money  that  would  Province 
arise  from  an  immediate  sale,  which  now  offers  to  more  advantage  chap.'io.'  '  ' 
than  any  which  may  occur;  beside  the  very  great  danger  of  Fire  and 
the  inconvenience  attending  the  present  occupancy  of  the  premises, 
it  being  held  in  common  with  three  owners    That  the  said  deceased 
also  died  siezed  of  one  moiety  of  a  dwelling  House  and  Land  in  Scar- 
borough in  the  County  of  Cumberland,  entirely  out  of  repair  and  un- 
tenanted and  hath  not  yielded  a  farthing  since  his  decease.  And 
jjraying  that  she  may  be  impowered  to  make  sale  of  the  Estates  afore- 
said for  her  said  Childrens  benefit,  more  especially  as  her  Husband 
desired  her  in  his  life  time,  in  case  she  survived  him,  to  do  it. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  and  she  is  hereby  impowered  to  sell  the  whole  of  the  Real 
Estate  in  the  Petition  mentioned  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  and  sufficient  deed  or  deeds  of  the  same  to 
the  purchaser  or  purchasers,  she  observing  the  rules  and  directions  of 
the  Law  for  the  sale  of  Real  Estates  by  Executors  and  administra- 
tors and  giving  suificient  security  to  the  Judge  of  Probate  for  the 
County  of  Suffolk  that  the  proceeds  of  said  sale  be  applied  as  fol- 
lows viz'  one  third  part  thereof  be  put  on  interest  and  the  Interest 
thereof  allowed  the  Petitioner  as  her  dower  in  said  Estate,  and  also 
that  the  other  two  thirds  with  the  Interest  that  may  arise  thereon 
be  accounted  for  to  and  paid  to  the  minors  in  the  Petition  mentioned 
in  the  proportion  they  might  have  inherited  said  Real  Estate  in 
case  the  same  had  not  been  sold,  and  further  that  the  third  on 
which  arises  the  Widows  dower,  be  divided  after  her  decease  in  the 
same  manner.     [Passed  June  16. 


CHAPTEK    22. 

RESOLVE   ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUNTY. 

The  account  of  John  Cotton  Treasurer  of  the  County  of  Plym-  Legislative 
outh  being  laid  before  the  Court  for  allowance,  the  following  order  councif  xx'ix* 
l^assed  thereon  viz'  '^2^ 

Whereas  it  appears,  upon  examination,  of  the  accounts  of  the  House  Jour- 
Treasurer  for  the  County  of  Plymouth  for  the  year  1771  that  all  49. ''''''    '' ' 


630  Province  Laws  (iZesoives,  e<c.). — 1772-73.     [Chaps.  23-2o.] 

the  monies  granted  and  allowed  by  the  Court  of  General  Sessions 
•     of  the  peace  were  for  such  purposes  and  appropriations  as  the  Law 
impowered  said  Court  to  grant;  therefore 

Resolved  that  the  said  account  be  allowed.     \^Passed  June  16. 


CHAPTEK    23. 

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

Rifords'Jfthe       '^^'^  ACCOUNT  of  Solomon  Otis  Esq''  Treasurer  of  the  County  of 
couucii,  xxix.,  Barnstable  being  laid  before  the  Court  for  allowance,  the  following 

"— : Order  passed  thereon  viz' 

mii"pp'n"24  Whereas  it  appears  upon  examination  of  the  accounts  of  the 

1^- '        '    '     Treasurer  for  the  County  of  Barnstable  that  all  the  monies  granted 

and  allowed  by  the  Court  of  General  Sessions  of  the  peace  for  said 

County  for  the  year  1771  were  for  such  purposes  and  appropriations 

as  the  Law  impowered  said  Court  to  grant;  therefore 

Resolved  that  said  account  be  allowed.     [Passed  June  16. 


CHAPTEK    24, 


VOTE  AiLOWING  THE  ACCOUNT  OF  THE  GUARDIAN  OF  THE  PUNCA- 
PAUG  INDIANS. 


LegisKatlve 
Records  of  the 
Council,  xxix., 
278.    Mass. 
Archives, 
xxxiii.,  56-2. 

House  Jour- 
nal, pp.  24, 43. 


The  Committee  appointed  to  examine  the  accounts  of  Guardians 
of  the  several  Tribes  of  Indians,  have  examined  the  account  of  Jona- 
than Capen  Guardian  to  the  Puncapog  Tribe,  find  the  same  just, 
right  cast  and  well  vouched  and  a  balance  of  five  pounds,  seven  shil- 
lings and  three  pence,  three  farthings,  due  to  said  Guardian. 

John  Thaxter  ^  Order 

Eead  and  Accepted.     [Passed  June  17. 


CHAPTER    25 


RESOLVE   REMITTING   TO   THE   TOWN   OF   SCARBOROUGH   £10   FINE    FOR 
NOT   SENDING   A   REPRESENTATIVE. 


Legielatlye 
Records  of  the 
Council,  xxix., 
278.    Mass. 
Archives, 
cxviii.,  632. 

Mass. 
Archives, 
cxviii.,  830. 
House  Jour- 
nal, p.  15 
(1771-72); 
pp.  40,  44. 
Province 
Laws,  v.,  101, 
chap.  7;  365-6, 
notes. 


A  Petition  of  Samuel  March  in  behalf  of  the  Town  of  Scar- 
borough in  the  County  of  Cumberland  Setting  forth  That  the 
said  Town  was  fined  in  the  sum  of  ten  pounds  in  the  year  1770  and 
the  sum  of  fifteen  pounds  in  1771  for  not  sending  a  Representative 
to  the  General  Court  in  those  years.  And,  as  the  said  Town  have 
not  neglected  to  send  a  Representative  for  twenty  years  past,  except 
in  one  or  two  instances  beside  those  aforementioned  and  have  lately 
been  at  great  expence  in  settling  a  minister  and  have  suffered  near 
five  hundred  pounds  lawful  money  by  means  of  defective  Collectors 
of  Taxes  and  otherwise  sustained  great  losses,  Praying  that  the  said 
Fines  may  be  remitted. 

[Read  and] 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  631 

i?eso?i'(?  that  the  Prayer  of  this  Petition  be  granted;  that  there 
be  allowd  &  paid  out  of  the  piiblick  Treasury  into  the  Hands  of 
M'  Samuel  March  for  the  Use  of  the  Town  of  Scarborough  the  Sum 
of  ten  pounds,  being  the  Sum  assessd  on  said  Town  for  neglecting 
to  return  a  Representative  to  the  General  assembly  in  the  year 
1770  and  also  that  the  fine  laid  on  said  Town  for  omitting  to 
return  a  representative  in  the  year  1771  be  remitted.  [Passed 
June  17. 


CHAPTER    26. 

RESOLVE  GRANTING  AND  CONFIRMING  A  TRACT  OF  LAND  TO  EBENEZER 
OLDS. 

A  Petition'  of  Ebenezer  Olds  of  Egremont,  living  on  Province 
Lands     Setting  forth     That  he  has  many  years  possessed  the  tract  Refords'ot'the 
of  Land  described  in  tlie  annexed  Plat  and  Survey,  and  that  he  has  .^79"°'''''  '"^'•'^•' 
been  always  willing  to  submit  to  the  payment  of  public  Taxes,  which  House  jo   — 
tract  of  Land  he  is  desirous  of  jjurchasing  of  the  Government  for  nai,pp.i3,44, 
a  reasonable  consideration.   And  praying  for  a  Grant  thereof  ac-  ^^'  ^' 
cordingly. 

The  following  is  the  Survey  of  the  Tract  of  Land  referred  to  in 
the  foregoing  Petition  viz' 

Surveyed  for  Ebenezer  Olds  of  Egremont  135  acres  and  148  rods 
of  Land  the  same  is  of  Province  Lands  lying  in  Egremont,  includ- 
ing a  Pond  containing  six  acres,  and  5  acres  and  1(5  rods  of  high- 
way, which  being  deducted  remains  12-t  acres  and  03  rods,  bounded 
East  on  Sheffield  West  line,  north  on  Lands  belonging  to  the  Heirs 
of  Stephen  Kellogg  deceased.  West  on  the,  East  line  of  a  Grant  made 
to  Cha'  V"  Skaack  the  first  bounds  is  a  stake  and  stones  standing 
in  a  marsh  near  a  Pond  called  Harmons  pond  and  in  the  West  line 
of  Sheffield,  thence  north  1°  East  2-46  rods  to  a  stump,  thence  West 
22°  45  South  144  rods  to  a  stake  and  Stones,  thence  South  5°  East 
126  rods,  then  East  15°  South  60  rods,  then  north  25°  East  32  rods 
to  a  stake  and  stones,  then  South  20°  East  74  rods  to  a  pine  tree 
then  East  24°  South  27  rods  to  the  first  bounds. 

^  Eph"  Fitch  Surveyor 

[Read  and] 

Resolved  that  all  the  right,  title  and  Interest  of  this  Province  in 
and  to  the  Tract  of  Land  described  in  a  plat  annexed  to  the  Peti- 
tion be  and  hereby  is  granted  &  confirmed  unto  him  the  said  Eben- 
ezer, his  Heirs  and  assigns  forever:  provided  he  give  his  obligation 
with  one  or  more  sureties  to  the  Province  Treasurer  for  the  sum 
of  Six  pounds  lawful  money,  to  be  paid  within  one  year  from  the 
date  hereof  with  lawful  Interest  therefor  till  paid.    [^Passed  June  17. 


CHAPTER    27. 

RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    THE 
COUNTY  OF  DUKES   COUNTY. 

The  ACCOUNT  of  Beriah  Norton  Treasurer  of  Dukes  County  being  Legislative 
laid  before  the  Court  for  allowance  the  following  Order  passed  thereon  councff  xxix^ 

viz'  280. 


632 


Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  28-30.] 


House  Jour- 
nal, pp.  17, 24, 


Whereas  it  appears  upon  examination  of  the  accounts  of  the  Treas- 
urer for  the  County  of  Dukes  County,  that  all  the  monies  granted 
and  allowed  by  the  Court  of  General  Sessions  of  the  peace  for  said 
County  for  the  year  1771  were  for  such  purposes  and  appropriations 
as  the  Law  impowered  said  Court  to  graut ;  therefore 

Resolved  that  said  accounts  be  allowed.     \^Passed  June  17. 


CHAPTEK    28. 

RESOLVE   ALLOWING  THE   ACCOUNT  OF   THE    TREASURER    OF    ESSEX 
COUNTY. 


Legislative 
Records  of  the 
Council,  xxix., 
280. 

House  Jour- 
nal, pp.17, 24, 


The  account  of  Michael  Farley  Treasurer  of  the  County  of  Essex 
being  laid  before  the  Court  for  allowance,  the  following  Order  passed 
thereon  viz' 

Whereas  it  appears  upon  examination  of  the  accounts  of  the  Treas- 
urer for  the  County  of  Essex  that  all  the  monies  granted  and  allowed 
by  the  Court  of  General  Sessions  of  the  peace  for  said  County  for 
the  year  1771  were  for  such  purposes  and  appropriations  as  the  Law 
impowered  said  Court  to  grant ;  therefore 

Resolved  that  said  account  be  allowed.     [Passed  June  17. 


CHAPTEK    29. 

RESOLVE  ALLOWING  THE   ACCOUNT  OF  THE   TREASURER   OF  CUMBER- 
LAND  COUNTY. 


Befordfofthe  '^^^  ACCOUNT  of  James  Milk  Treasurer  of  the  County  of  Cum- 
Councii,  xxix.,  berland  being  laid  before  the  Court  for  allowance,  the  following 
Order  passed  thereon  viz' 

Whereas  it  appears  upon  examination  of  the  accounts  of  the  Treas- 
urer for  the  County  of  Cumberland  that  all  the  monies  granted  and 
allowed  by  the  Court  of  General  Sessions  of  the  peace  for  said  County 
for  the  year  1771  were  for  such  purposes  and  appropriations  as  the 
Law  impowered  said  Court  to  grant;  therefore 

Resolved  that  said  accounts  be  allowed.     [Passed  June  17. 


House  Jour- 
nal, pp.  17,24, 
47,48. 


.CHAPTER    30, 


ORDER  GRANTING   £3  ANNUALLY   TO   DANIEL  DRUCE. 


Legislative 
Records  of  the 
Council,  xxix., 
284.    Mass. 
Archives, 
Ixxx.,  702. 

House  Jour- 
nal, pp.  48, 62. 
Ante,  p.  448, 
chap.  162. 


A  Petition  of  Daniel  Druce  Setting  forth  That  he  has  for 
several  years  past  received  a  Pension,  by  order  of  the  General  Court, 
in  consideration  of  his  poverty  and  of  a  Lameness  contracted  in  the 
Province  service  the  last  War.  And,  as  his  Lameness  still  continues 
and  disables  him  from  labouring  for  a  livelihood,  and  his  Pension 
has  ceased,     Praying  further  relief. 

Read  & 

Orderd  that  the  Petitioners  Pension  be  further  continued  &  that 
there  be  allowd  &  paid  to  him  the  Sum  of  three  Pounds  annually 
from  the  Second  day  of  June  Instant  &  during  the  terme  of  three 
years.     [Passed  June  19. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  633 

CHAPTEK    31. 

RESOLVE   ALLOWING   £6.  U.  6  TO  JAMES   HOVEY. 

A  Petition  of  James  Hovey  of  Plimouth     Setting  forth     That  R|fJ,rj*'of  the 
in  May  1768  at  a  special  Superior  Court  of  Judicature,  Court  of  couucii,  xxix., 

assize  and  General  Goal  delivery  held  at  Nantucket  for  the  Trial  — 

of  Nathan  Quibbit  for  murder,  he  acted  as  attorney  for  the  King  naTpp^eo"®. 
(the  attorney  General  being  absent)  at  which  Court  the  said  Nathan 
was  Convicted,  and  afterwards  executed     That  he  hath  received  no 
recompence  for  his  time  and  expences  in  the  affair.  And  praying  an 
allowance  therefor. 

[Read  and] 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  James  Hovey  Esq''  the  sum  of  Six  pounds,  eleven  shillings 
and  six  pence  in  full  for  the  expences  and  service  in  his  Petition 
mentioned  viz'  his  repairing  to  Sherburne  in  the  County  of  Nan- 
tucket and  there  officiating  as  attorney  for  our  Lord  the  King  at 
the  trial  of  Nathan  Quibbit  for  murder,  as  in  his  Petition  set  forth ; 
provided  always  that  the  said  James  Hovey  has  not  already  re- 
ceived any  recompence  for  his  said  service  and  expences.  \^Passed 
June  20. 

CHAPTEK    32. 

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

The  ACCOUNT  of  John  Chandler  Esq'  Treasurer  of  the  County  Legislative 
of  Worcester  being  laid  before  the  Court  for  allowance,  the  follow-  counoi?  xxVi*' 
ing  Order  passed  thereon  viz' 


Whereas  it  apipears  upon  examination  of  the  accounts  of  the  Treas-  House  Jour, 
urer  for  the  County  of  Worcester  that  all  the  monies  granted  and  47*^63'.'''    '    ' 
allowed  by  the  Court  of   General   Sessions  of  the  peace  for  said 
County  for  the  year  1771  were  for  such  purposes  and  appropria- 
tions as  the  Law  impowered  said  Court  to  grant;  therefore 

Resolved  that  said  account  be  allowed.      \^Passed  June  20. 


CHAPTEE    33. 

RESOLVE   ALLOWING  THE    PROVISION    ACCOUNT    OF   THE    COMMISSARY 
GENERAL. 

The  Committee  aj^pointed  by  the  two  Houses  respectively  on  Legislative 
the  accounts  of  Thomas  Gushing  Esq''  Commissary  General,  having  c^Jinc'if  xx^x* 
severally  reported  thereon,  the  following  Orders  passed  on  the  said  '^ai. 

accounts  viz'  Legislative 

On  the  Commissary  General's  account  of  Provisions  &c  purchased  councif,  xxbc, 
and  delivered  out.  271.   House 

Resolved  that  the  foregoing  account  being  right  cast  and  well  68,59. 
vouched  be  allowed  and  the  Commissary  General  be  further  account- 
able for  seven  and  half  bushels  of  pease  being  the  balance  due. 
\^Passed  June  23. 


634 


Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  o4-3t5.] 


CHAPTEK    34, 


RESOLVE   ALLOWING   THE   INDIAN   TRADE    ACCOUNT    OF    THE    COMMIS- 
SARY  GENERAL. 


Legislative 
Records  of  the 
Council,  xxix., 
■291. 

House  Jour- 
nal, p.  59. 
Supra,  chap. 


On  the  Commissary  General's  account  of  the  Indian  Trade. 

Resolved  that  the  foregoing  account  being  right  cast  and  well 
vouched  be  allowed,  and  the  Commissary  General  be  further  ac- 
countable for  the  sum  of  two  thousand  and  sixty  two  pounds,  six- 
teen shillings  and  three  farthings  being  the  balance.  [Passed 
June  23. 


CHAPTER    35, 


RESOLVE   ALLOWING  THE   GENERAL   ACCOUNT    OF    THE    COMMISSARY 
GENERAL. 


Legislative 
Records  of  the 
Council,  xxix., 
291. 

House  Jour- 
nal, p.  oU. 
Supra,  chap. 


On  THE  Commissary  General's  account  current 
Resolved  that  the  foregoing  account  being  right  cast  and  well 
vouched  be  allowed,  and  the  Commissary  General  be  further  ac- 
countable for  the  sum  of  ninety  nine  pounds,  eleven  shillings  and 
seven  pence  being  the  balance  due  from  him.     [Passed  June  28. 


CHAPTER    36. 

RESOLVE  IMPOWERING  COMFORT  CHAFFEE,  .ADM=,  AND  BETTY  CHAFFEE 
TO  SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 


Legislative 
Records  of  the 
Council,  xxix., 
iSil. 

Legislative 
Records  of  the 
Council,  xxix., 
177.    House 
Journal,  pp.  34, 
35,  65.    Prov- 
ince Laws,  11., 
151,  chap.  10. 


A  Petition  of  Comfort  Chaffee  Administrator  of  the  Estate  of 
Isaiah  Chaffee  late  of  Wilbraham  deceased,  and  of  Betty  Chaffee 
Widow  of  the  deceased  Praying  that  the  said  administrator  may  be 
impowered  to  make  sale  of  the  Keal  Estate  of  the  said  deceased  con- 
sisting of  a  small  unfinished  dwelling  house  and  about  twenty  five 
acres  of  Land  in  said  Wilbraham 

[Eead  and] 

Resolved  that  the  same  be  revived,  and  that  the  prayer  thereof  be 
granted,  and  that  the  Petitioners  be  and  they  are  liereby  accord- 
ingly impowered  to  make  sale  of  the  Real  Estate  of  the  deceased  in 
their  Petition  mentioned  for  the  most  the  same  will  fetch,  and  make 
and  execute  a  good  and  sufficient  deed  or  deeds  of  the  same,  they 
observing  the  rules  and  directions  of  the  Law  for  the  sale  of  Real 
Estates  by  Executors  and  administrators  and  giving  sufficient  secu- 
rity to  the  Judge  of  Probate  for  the  County  of  Hampshire  that  the 
proceeds  of  said  sale  be  applied  as  followeth  viz'  that  the  Widow  of 
the  deceased  be  allowed  the  use  and  improvement  of  one  third  part 
tliereof  during  her  natural  life  and  at  lier  decease  the  same  shall  be 
paid  to  the  Children  of  the  said  deceased  or  their  legal  Rei^resenta- 
tives  agreable  to  the  Law  of  inheritance,  and  the  other  part  be  first 
applied  for  the  payment  of  the  just  debts  of  the  deceased,  and  the 
overplus  if  any  be  put  on  Interest  for  the  benefit  of  the  Children  to 
be  divided  among  them  in  the  same  proportion  they  might  have 
inherited  said  Real  Estate  in  case  the  same  had  not  been  sold. 
[Passed  June  23. 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1772-73.  635 


CHAPTEE    37. 

RESOLVE   IMPOWERING   JN"  PHIPS,  GUARDIAN,  TO   SELL   REAL    ESTATE 
AND    MAKING   PROVISION   IN    REGARD   TO   THE   PROCEEDS. 

A  Petition  of  John  Phips  Guardian  to  Sarah  Eich  daughter  Legislative 
&  sole  Heir  to  Philip  Eich  late  of  Brookfield  deceased     Setting  coSncn^  xx' x*, 
forth     That  the  said  deceased  died  siezed  and  possessed  of  a  Tract  2a2. 
of  Land  lying  in  said  Brookfield  containing  sixty  acres,  part  whereof  House  Jour. 
under  improvement,  with  a  small  dwelling  house  thereon    That  tlie  provin'c?' ""^^ 
said  Laud  is  so  situated  that  it  cannot  make  a  settlement,  having  ^iJ™/'io'' ''*''' 
scarcely  any  Timber  thereon  either  for  firewood  or  fencing  nor  any 
Stone  suitable  for  Wall     That  the  Premises  lye  near  a  quarter  of 
a  mile  from  any  Eoad  nor  can  any  Eoad  be  made  thereto  but  at 
the  expence  of  its  owner     That  it  will  not  Eent  for  more  thau  one 
half  of  the  Interest  of  the  money  it  would  probably  sell  for  and  is 
daily  decreasing  in  value.  And  praying  that  he  may  be  impowered 
to  make  sale  thereof  for  the  benefit  of  the  said  minor  and  the  Widow 
of  the  deceased ;  the  said  Widow  being  desirous  thereof. 

[Eead  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  and  he  accordingly  is  hereby  fully  impowered  to  make 
sale  of  all  the  Eeal  Estate  in  his  Petition  mentioned  for  the  most 
the  same  will  fetch  and  make  and  execute  a  good  and  sufficient 
deed  or  deeds  thereof,  he  observing  the  rules  and  directions  of  the 
Law  relative  to  the  sale  of  Eeal  Estates  by  Executors  and  adminis- 
trators and  giving  good  and  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Worcester  that  the  proceeds  of  said  sale  shall 
be  applied  as  followeth  viz'  that  the  Widow  of  Philip  Eich  deceased 
the  mother  of  his  Ward  shall  have  the  Interest  of  one  third  part  of 
the  proceeds  of  said  sale  paid  to  her  annually  during  her  natural 
life,  and  the  other  two  thirds  shall  be  put  to  Interest  for  the  benefit 
of  the  said  Ward  and  shall  be  paid  to  her  with  the  Interest  when 
she  shall  be  of  age  to  inherit,  or  to  her  legal  Eepresentative  in  case 
of  her-decease,  and  that  she  shall  have  and  enjoy  her  mothers  third 
after  her  decease  provided  always  that  the  debts  of  said  Philip  Eich 
deceased  are  all  first  paid  and  discharged.     {^Passed  June  23. 


CHAPTER    38. 


RESOLVE  IMPOWERING  OLIVER  WENDELL  AND  OTHERS,  EXECUTORS 
TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Oliver  Wendell,  Samuel  Quincy  and  Josiah  Quincy  Legisi.itive 
jun^  Executors  of  the  last  Will  and  Testament  of  Edmund  Quincy  J?ouncn°,  xx'x^ 
the  third  late  of  Boston  merchant  deceased,  and  Bela  Lincoln  and  2%.   Mass. 
Hannah  his  Wife  in  her  right  (the  said  Samuel,  Josiah  and  Hannah  ^3?'^'^*'^'  ^^^'' 
being  residuary  Legatees  of , the  said  Edmund)    Setting  forth.  That  iJiig^^ 
the  said  Edmund  died  siezed  in  fee  of  a  certain  tract  of  Land  and  f^^^^^^'  ^''^•> 
a  messuage  situate  in  Short  Street,  so  called,  in  said  Boston,  which  Journal,  pp.  57, 
after  payment  of  debts  and  Legacies  is,  by  the  Will  aforesaid,  to  be  fnc™Law8?Ii., 
equally  divided  between  the  said  residuary  Legatees     That  the  said  i^i,  chap.  10.     , 
messuage  and  Land  is  daily  decreasing  in  value  and  now  stands  in 


636 


Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  39,  40.] 


need  of  very  considerable  repairs  That,  the  Petitioners  are  satisfied, 
it  will  be  much  for  the  interest  of  all  concerned  that  the  same  Land 
and  messuage  should  be  sold  and  the  money  appropriated  to  dis- 
charge the  outstanding  debts  due  from  said  Estate.  And  praying 
that  they  may  be  imjjowered  to  make  sale  of  the  same  accordingly. 

[Read  and] 

Resolved  on  the  Petition  of  Oliver  Wendell  and  others  that  the 
Prayer  thereof  be  so  far  granted,  as  that  the  Executors  therein 
named  be  and  they  are  hereby  impowered  to  Sell  the  messuage  & 
Laud  in  the  Petition  mentioned  for  the  most  the  Same  will  fetch 
and  make  &  execute  a  good  and  sufficient  Deed  or  Deeds  of  the 
same  to  the  Purchaser  or  Purchasers,  They  giving  such  notice  of 
the  time  &  place  of  Sale  as  the  Law  directs  for  the  sale  of  Real 
Estates  by  Executors  &  Administrators,  and  giving  sufficient  Secu- 
rity to  the  Judge  of  Probate  for  the  county  of  Suffolk,  that  the 
Proceeds  of  said  sale  be  applied  towards  the  discharging  the  just 
Debts  of  their  Testator  &  that  they  will  Duly  account  to  the  Judge 
for  the  same.      [Passed  June  24. 


CHAPTEK    39. 

RESOLVE    IMPOWERING    THE    SELECTMEN    OF    THE    TOWN    OF    EASTON 
TO   SELL  MINISTERIAL  LANDS. 


Legislative 
Records  of  the 
Council,  xxix., 


Legislative 
Records  of  the 
Council,  xxix., 
183.    House 
Journal,  pp.  56, 
73.    Province 
Laws,  xvii.. 
Ill,  chap.  261. 


A  Petition  of  Matthew  Hayward  and  others  agents  for  the  Town 
of  Easton  in  the  County  of  Bristol  Praying  that  the  said  Town 
may  be  impowered  to  make  sale  of  their  ministerial  Lands 

Read  and 

Resolved  that  the  prayer  of  this  Petition  be  granted  so  far  as  that 
the  Selectmen  of  the  Town  of  Easton  be  and  hereby  are  impowered 
to  make  sale  of  the  several  pieces  of  Land  called  and  known  by  the 
name  of  Taunton  north  purchase  lying  and  being  in  the  Town  of 
Easton  in  the  County  of  Bristol  laid  out  by  the  proprietors  of  Taun- 
ton North  purchase  and  appropriated  for  the  use  of  the  ministry  in 
said  Easton  as  mentioned  in  said  Petition,  and  make  and  execute  a 
deed  or  deeds  valid  in  Law  to  the  purchaser  or  purcliasers  of  the 
same,  and  that  the  monies  arising  from  said  sale  be  disposed  of  by 
said  Town  for  the  purchasing  of  Lands  under  improvement  in  the 
most  suitable  and  convenient  place  for  the  supjjort  of  the  Congre- 
gational ministry  in  said  Easton  and  to  remain  for  that  use  and 
never  to  be  alienated,  the  Selectmen  aforesaid  to  make  report  of 
their  doings  to  the  General  Court  for  their  allowance  and  approba- 
tion and  to  be  Recorded  in  the  Secretary's  office.    [Passed  June  25. 


CHAPTEE    40. 


RESOLVE  GRANTING  4,U7  ACRES  OF  EQUIVALENT  LAND  TO  JOSEPH 
FRYE. 

Legislative  A  PETITION  of  Joseph  Fryo     Setting  forth     That  in  the  north 

cSSncn'xx'ix':,  corner  of  the  Township  at  Pigwacket  in  the  County  of  York  which 
^ -was  granted  and  confirmed  to  him  in  1763  there  lyes  a  quantity  of 


[1st  Sess.]     Province  "Laws  {Resolves,  etc.).  — 1772-73.  G37 

interval  Land  separated  (by  low  sunken  Land)  so  far  from  any  up-  Mass. 
land  in  said  Township,  except  a  small  strip,  as  renders  the  settle-  cJ^il"^^, 
ment  of  any  Families  in   that  part  of  it  impracticable  and   the  House  Ifour. 
improvement  of  said  interval  very  inconvenient.  And  praying  that  75^ 'province 
he  may  be  allowed  to  droj^  4,147  acres  of  the  Land  in  the  west  noto' xviT^' 
corner  of  said  Township  and  to  lay  out  the  same  quantity  in  the  36i,chap.308. 
Province  Lands  adjoining  to  the  northwardly  part  of  said  Town- 
ship, in  lieu  thereof,  to  accommodate  the  said  interval  Land  with 
Upland. 

[Read  and] 

Resolved  that  the  Government  receive  back  the  four  thousand, 
one  hundred  and  forty  seven  acres  of  the  Land  in  the  west  corner 
of  the  Township  at  Pigwacket  in  the  County  of  York  which  was 
granted  to  the  Petitioner  in  AD  1763  and  confirmed  in  1763  as 
appears  by  the  Plan  herewith  exhibited,  and  that  in  lieu  thereof 
there  be  granted  him  the  same  quantity  of  the  Governments  Land 
as  prayed  for  in  said  Petition,  with  liberty  to  lay  it  out  adjoining 
to  the  northwardly  or  northeastwardly  part  of  his  Township  (so  as 
not  to  interfere  with  any  former  Grant)  and  that  he  return  a  plan 
thereof  taken  by  a  Surveyor  and  Chainmen  under  Oath  for  accept- 
ance and  confirmation  in  twelve  months  from  this  time.  \^Passed 
June  26. 


CHAPTEE    41. 

KESOLVES    DISPOSING    OF    DIVERS    LOTS    OF    LAND    TO    LEGAL   REPRE- 
SENTATIVES OF  SUNDRY   PROPRIETORS   OF  NORTH   YARMOUTH. 

The  Committee  apj^ointed  the  11"'  instant  on  the  Petition  of  Legislative 
Jeremiah  Powell  Esq'  in  behalf  of  the  Proprietors  of  North  Yar-  council' xxix^ 
mouth  in  the  County  of  Cumberland,  [for  confirmation  of  certain  ^ 


Lots  of  Land  to  sundry  of  the  said  Proprietors]  made  report,  and  R|for(?8"onhe 
the  following  Order  passed  viz'  council,  xxix., 

Resolved  That  Lot  N°  35  in  the  division  of  the  one  hundred  acre  jo'urnai,pp!'46, 
lots  on  the  Southwest  side  of  Eoyals  River  next  Falmouth  line  which  J^-  ''''•   ^/o'*'- 
is  Recorded  to  Daniel  Watts  be  and  hereby  is  confirmed  to  the  Heirs  184,  chap.  74. " 
and  legal  Representatives  of  the  said  Daniel  Watts  and  Joseph  Mitchel 
in  equal  shares,  and  also  the  Lot  N°  33  in  the  same  division  that  is 
not  Recorded  to  any  body  be  and  hereby  is  confirmed  to  the  Heirs 
and  legal  representatives  of  the  said  Daniel  Watts  and  Joseph  Mitchel 
in  the  same  proportion 

Resolved  That  the  Lot  N°  60  in  the  same  division  be  and  hereby 
is  confirmed  to  the  legal  Representatives  of  Ammi  Ruhamah  Cutter 
their  Heirs  and  assigns  forever. 

Resolved  that  the  legal  Representatives  of  William  Larrabee  and 
Henry  Deering  their  Heirs  and  assigns  shall  have  an  equal  right  to 
Lot  N"  21  in  range  C  in  the  division  of  the  hundred  acre  lots  on 
the  northeast  side  of  Royals  River,  also  an  equal  right  to  Lot  N° 
37  in  range  D  in  the  same  proportion ;  and  said  Lots  are  hereby 
confirmed  to  them  accordingly. 

Resolved  That  Lot  N°  34  in  range  B,  be  and  hereby  is  confirmed 
to  the  Heirs  and  legal  Representatives  of  Thomas  Larrabee  and 
Barnabas  Winslow  their  Heirs  and  assigns  in  equal  shares,  also  Lot 
21  in  said  range  B  is  hereby  also  confirmed  to  the  Heirs  and  assigns 
of  the  legal  Representatives  of  the  said  Thomas  Larrabee  and  Bar- 
nabas Winslow  in  the  same  proportion. 


(538 


PRO\^NCE  LiAW^  (^Besolves,  etc.) .  — 1772-73.      [Chap.  42.] 


Resolved  tliat  the  Proprietors  Clerk  of  the  Town  of  Xorth  Yar- 
mouth be  aud  he  hereby  is  directed  to  conform  the  Records  of  said 
propriety  agreable  to  the  above  Eesolves.      [Passed  June  26. 


CHAPTER    42, 


RESOLVE  IMPOWERING  ASA  HAMANT  AKD  JACOB  CLARK,  GUARDIANS, 
TO  SELL  REAL  ESTATE  AND  MAKING  PROVISIONS  IN  REGARD  TO 
THE  PROCEEDS. 


House  Jour- 
nal, pp.70, 78, 
79.    Province 
Laws,  ii.,  151, 
chap.  10. 


RlOTrdfoUhe  ^  PETITION  of  Lydia  Smith  Relict  of  Nathaniel  Smith  late  of 
councu,  xxix.,  Sturbridgc  deceased,  Noah  Allen  and  Sybil  his  Wife  in  respect  to 
her  right  of  dower  or  thirds  in  the  Estate  of  her  former  Husband 
Elisha  Smith  late  of  Medfield  deceased ;  Asa  Hamant  and  Jacob  Clark 
Guardians  to  Sybil  and  Olive  Smith  minors  and  only  surviving  Chil- 
dren of  Elisha  Smith  aforesaid  Setting  forth  That  the  said  Nathaniel 
Smith  did  in  his  life  time  convey  by  deed  a  certain  Estate  to  his  Son, 
the  said  Elisha  Smith,  which  deed  of  conveyance  Lydia  his  Wife, 
one  of  the  Petitioners,  did  not  sign  and  hence  claims  therein  her 
right  of  dower  or  thirds,  which  she  can  find  no  direct  method  in 
Law  of  obtaining  That  the  said  Estate  consists  of  many  different 
parcels  situate  at  considerable  distance  from  one  another,  and  that 
said  Estate  is  very  much  out  of  repair  and  cannot  be  improved  to 
so  much  advantage  either  to  those  of  the  Petitioners  who  have  right 
of  dower  therein  or  to  the  Heirs  apparent  to  said  Estate,  whom 
others  of  the  Petitioners  represent,  as  the  price  thereof  might,  pro- 
vided the  same  was  sold  aud  the  money  secured  at  Interest.  And 
praying  that  they  may  be  impowered  to  make  sale  of  the  premises 
accordingly. 
[Read  and] 

Resolved  that  the  prayer  of  the  Petition  of  Lydia  Smith  and  others 
be  so  far  granted  as  that  Asa  Hamant  and  Jacob  Clark  Guardians 
to  the  minors  mentioned  in  the  Petition  be  impowered  to  sell  the 
Real  Estate  therein  set  forth  for  the  most  the  same  will  fetch,  aud 
make  and  execute  a  good  and  sufficient  deed  or  deeds  of  the  same, 
they  observing  the  rules  and  directions  of  the  Law  for  the  sale  of 
Real  Estates  by  Executors  and  administrators  and  giving  sufficient 
security  to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  the 
money  arising  by  such  sale  be  put  on  Interest  and  the  income  of 
one  third  thereof  be  allowed  and  paid  to  Lydia  Smith  mentioned 
in  the  Petition,  and  one  third  of  the  Interest  of  the  other  two  thirds 
be  allowed  and  paid  to  Sybil  the  Wife  of  Noah  Allen,  as  their  right 
of  dower  in  said  Estate ;  and  the  remainder,  together  with  the  said 
thirds,  after  the  death  of  the  Dowagers,  be  enjoyed  by  the  minors 
in  the  same  manner  they  might  have  inherited  said  Real  Estate  in 
case  the  same  had  not  been  sold.     \_Passed  June  27. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  639 

CHAPTEK    43. 

RESOLVE   ADJOURNING  COURTS  IN   PLYMOUTH   COUNTY. 

Whereas  the   Court  of   General  Sessions  of  the  Peace  &   Inf  J^^sisiative 

1  •    »     1       T  1       TT    1  1  J    T-»i  Records  of  the 

Court  of  Common  Pleas  which  by  Law  were  to  be  Holclen  at  Piym-  council,  xxix., 
outh  within  and  for  the  County  of  Plymouth  on  the  first  Tuesday  Archives?' 
of  July  next  Cannot  be  Then  Conveniently  Held  by  Reason  that  ixxxyii.,378. 
Many  of  the  members  of  this  Court  which  probably  will  then  be  House  Jour- 
Seting  are  members  of  said  Courtes  and  by  Reason  that  the  measels  si'. '  Province 
are  Prevalent  in  Said  Plymouth  which  may  be  Dangerous  to  the  Jjfi^f 'is.'' *^' 
Parties  Concerned  It  is  therefore 

Resoh'd  that  the  Said  Courtes  of  General  Sessions  of  the  Peace 
and  Inferiour  Court  of  Common  Pleas  be  and  Hereby  are  Adjourned 
unto  the  first  Tuesday  of  October  next  and  That  all  writs  Processes 
and  Recognizances  Returnable  to  the  Said  Court  of  General  Ses- 
sions of  the  Peace  and  Inf'  Court  of  Common  Pleas  which  by  Law 
was  appointed  to  be  held  at  Plymouth  for  Said  County  on  the  Said 
First  Tuesday  of  July  and  all  matters  and  things  that  have  day  or 
that  might  have  had  day  at  Said  Tearm  Shall  be  Returnable  to  and 
may  be  Entered  Prosecuted  had  moved  and  done  at  in  and  by  the 
Said  Courtes  on  the  first  Tuesday  of  October  next  and  that  the 
Sheriff  of  the  County  of  Plymouth  Shall  take  Immediate  and  Effec- 
tual Care  that  this  order  be  forthwith  Published  and  made  Known 
Throughout  Said  County.     [Passed  June  SO. 


CHAPTEE    44. 

RESOLVE  GRANTING  TO   OLIVER  PEABODY   AND   OTHERS    A    TRACT    OF 
LAND. 

A  Petition  of  Oliver  Peabody  and  John  Peabody  jun''  of  Andover,  Legislative 
John  Bodwell  and  Samuel  Bod  well  of  Methuen    Setting  forth    That  councn',  xxix^ 

there  is  a  Tract  of  Province  Land  on  Androscoggin  River  adjoining  ^ 

to  the  Westerly  part  of  a  Township  granted  to  Cap'  Fuller  and  others  ''9"^" 'I'i^Jij 
of  four  miles  one  way  and  three  miles  the  other  which  is  so  situated  li, koy'Ant'e,' 
as  that  no  Township  can  be  now  had  there  so  as  to  include  it.   And  p- 386, chap. -ii. 
praying  that  the  same  may  be  granted  to  them  for  such  Sum  of 
money  and  upon  such  conditions  as  this  Court  shall  order. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioners  have  liberty  to  lay  but  the  Land  prayed  for  at  the  west- 
erly end  of  a  Township  granted  to  Josiah  Richardson  Esq'  and  others 
on  both  sides  of  Androscoggin  River  so  far  westward  as  the  Land 
will  admit  so  as  not  to  interfere  with  any  former  Grant  or  with 
private  property,  and  that  they  return  a  plan  thereof  taken  by  a 
Surveyor  and  Chainmen  on  Oath  to  this  Court  within  twelve  months 
from  the  first  day  of  July  1772  for  confirmation  and  that  they  also 
give  Bond  with  sufficient  sureties  to  the  Province  Treasurer  or  his 
successor  to  settle  the  same  with  fifteen  Families,  each  of  which 
within  six  years  from  the  return  of  the  plan  to  have  built  a  good 
House  of  twenty  feet  by  eighteen  and  seven  feet  stud  and  have 
cleared  for  pasturage  or  tillage,  five  acres  each ;  that  they  also  out 


640 


Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  45,  46. j 


of  the  premises  grant  one  hundred  acres  for  the  first  Ordained  Prot- 
estant minister,  one  hundred  acres  for  the  ministry  and  one  hun- 
dred acres  for  the  use  of  a  School,  within  said  Grant ;  and  further 
that  they  give  Bond  with  sufficient  sureties  to  the  Treasurer  to  pay 
to  him  or  his  successor  for  the  use  of  the  Province  such  a  Sum  of 
money  as  the  Land  the  plan  shall  contain  shall  amount  to,  at  the 
rate  of  three  hundred  pounds  for  a  Township  of  the  contents  of  six 
miles  square  within  one  year  from  the  confirmation  of  the  Grant. 
[Passed  June  30. 

CHAPTER    45. 

RESOLVE   IMPOWERING   DANIEL    GRAY    TO    SELL    REAL    ESTATE    AND 
MAKING   PROVISION   IN   REGARD    TO   THE    PROCEEDS. 


JLegislatlve 
Records  of  the 
Council,  xxix., 
310.    

HouBC  Jour- 
nal, pp.72, 79. 
Province 
Laws,  ii.,  161, 
chap.  10. 
Ante,  p.  589, 
chap.  121. 


A  Petition  of  Daniel  Gray  in  behalf  of  his  Son  Lamond  Gray  Set- 
ting forth  That  Robert  Lamond  late  of  Spencer  in  the  County  of 
Worcester  Husbandman  deceased,  by  Will,  gave  unto  his  Father 
and  mother  his  Real  Estate  in  Spencer  to  improve  during  their  nat- 
ural lives,  and  at  their  decease  ordered  the  same  to  be  sold  and  the 
proceeds  equally  divided  among  the  persons  following  viz'  Archi- 
bald Lamond,  John  Harman,  Robert  Furbush  and  the  said  Lamond 
Gray  That  the  Father  of  the  said  Robert  Lamond  is  since  dead 
and  that  his  mother  Margaret  Lamond  is  still  living  That  the 
aforenamed  Archibald  Lamond,  John  Harman  and  Robert  Furbush 
are  of  full  age  and  have  sold  their  shares  of  said  deceaseds  Real 
Estate  That  the  Rent  of  the  Estate  aforesaid  is  insufficient  for  the 
support  of  the  said  Margaret,  and  that  if  the  whole  was  sold  and 
the  Interest  of  the  proceeds  applied  for  her  support,  it  would  be 
for  her  advantage,  as  also  for  the  advantage  of  said  minor.  And  pray- 
ing that  he  may  be  impowered  to  make  sale  of  his  said  Sons  part 
in  the  premises. 

Read  and 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  authorized  &  impowered  to  make  sale  of 
the  Land  mentioned  in  the  petition  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  deed  or  deeds  of  the  same;  observing 
the  rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  giving  caution  to  the  Judge  of  Probate  for  the 
County  of  Worcester  that  the  money  arising  by  said  sale  be  put  to 
Interest  for  the  following  purposes  viz'  the  Interest  thereof  to  be 
applied  to  and  for  the  use  of  the  said  Margaret  Lamond  during  her 
natural  life  and  after  her  decease  said  money  to  be  paid  to  said 
Lamond  Gray.      [Passed  June  30. 


CHAPTER    46. 

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


Legislative  THE  ACCOUNT  of  James  Russell  Esq'  Treasurer  of  the  County  of 

Cou^cu,  xxix!,  Middlesex  being  laid  before  the  Court  for  allowance,  the  following 

?ir Order  passed  thereon  viz' 

House  Jour-  Whereas  it  appears  upon  examination  of  the  accounts  of  the  Treas- 

74.'     '  ''    '     urer  for  the  County  of  Middlesex  that  all  the  monies  granted  and 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  641 

allowed  by  the  Court  of  General  Sessions  of  the  peace  for  said  County 
for  the  year  1771  were  for  such  purposes  and  appropriations  as  the 
Law  impowered  said  Court  to  grant ;  therefore 

Resolved  that  said  account  be  allowed.     [Passed  July  1. 


CHAPTEE    47. 

RESOLVE  ALLOWING  THE   ACCOUNT  OF  THE   TREASURER   OF   SUFFOLK 
COUNTY. 

The  account  of  Joshua  Henshaw  Esq'  Treasurer  of  the  County  Legislative 
of  Suffolk  being  laid  before  tlie  Court  for  allowance,  the  following  councu°  xxix* 
Order  passed  thereon  viz'  3i'^- 

Whereas  it  appears  upon  examination  of  the  accounts  of  the  Treas-  House  Jour- 
urer  for  the  County  of  Suffolk  that  all  the  monies  granted  and  allowed  M.'re.^'^''^' 
by  the  Court  of  General  Sessions  of  the  peace  for  said  County  for  the 
year  1771  were  for  such  purposes  and  appropriations  as  the  Law  im- 
powered said  Court  to  grant;  therefore 

Resolved  that  said  account  be  allowed.     \^Passed  July  1. 


CHAPTEE    48. 

RESOLVE    ORDERING    THE    TOWN    OF    CHESTERFIELD    NOT    TO    LEVY 
TAXES   ON  NONRESIDENT  PROPRIETORS. 

The  Committee  appointed  on  the  Petition  of  Martin  Phelps,  Legislative 
Samuel  Mather  and  others  nonresident  Proprietors  of  Chesterfield,  c'^'^^'" u* °* 'w® 
made  report,  whereupon  the  following  Order  passed  viz'  sis. 

Whereas  the  Town  of  Chesterfield  when  Incorporated  had  a  power  Legislative 
to  raise  Taxes  within  said  Town  for  settling  a  minister,  building  a  councu^  xx'ix* 
meeting  house  clearing  and  repairing  Koads  and  to  levy  the  same  ^is.  House 
upon  the  several  Proprietors  of  said  plantation  according  to  their  Province'*' 
several  interests  until  the  further  order  of  this  Court:  and  it  appear-  Jifap!^^'' *'^' 
ing  to  this  Court  that  said  power  has  had  its  operation  so  far  as  is 
just  and  reasonable,  therefore 

Resolved  that  the  said  Town  of  Chesterfield  be  and  they  hereby 
are  ordered  not  to  raise  or  levy  any  Taxes  on  any  of  the  nonresident 
Proprietors  of  said  Chesterfield  (for  the  ends  and  uses  aforesaid)  for 
the  future.     \^Passed  July  2. 


CHAPTEE    49. 

RESOLVE  IMPOWERING  BENJ*  GUILD,  GUARDIAN,  TO  SELL  REAL  ESTATE 
AND   MAKING  PROVISION  IN  REGARD   TO   THE  PROCEEDS. 

A  Petition  of  Benjamin  Guild  Guardian  of  Mary  Metcalf  a  non  Legislative 
compos  person    Setting  forth    That  Timothy  Metcalf  late  of  Wren-  c^f,°  g'Jf  °*j^® 
tham  deceased,  by  his  Will,  devised  to  his  Wife  Mary  and  daughter  sie.      ' '      '' 
Mary  abovementioned,  his  Estate  Eeal  and  personal  to  hold  during  House  Jour, 
their  natural  lives  and  at  their  decease  to  his  Children,  Sarah  Fair-  7^''?>TO^vince 


(342  Froyince'Laws  {Besolves, etc.).  — 1772-73.     [Chap.  50.] 

ohTVo'* ^^'  tallies,  Susanna  Dagget  &  Martha  Metcalf  and  Grandchildren  Tim- 
othy, John  and  Mary  Whiting  minors  Tliat  the  said  Mary  the  Wife 
of  the  Testator  is  now  dead,  and  the  said  Mary  his  daughter  is  not 
able,  or  ever  like  to  be,  to  talte  the  care  of  her  person  or  Estate  That 
it  would  be  greatly  for  the  interest  of  the  said  noncompos,  as  well  as 
the  interest  of  those  who  are  intitled  to  the  said  Real  Estate  at  her 
death,  if  the  same  might  be  sold ;  as  the  Buildings  and  Fences  are 
gone  to  decay  and  the  Personal  Estate  of  the  deceased  is  not  more 
than  sufficient  to  pay  his  just  debts.  And  praying  that  he  may  be 
impowered  to  make  sale  of  the  Real  Estate  aforesaid  the  better  to 
enable  him  to  support  the  said  noncompos,  and  for  the  benefit  of 
the  Heirs. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
said  Benjamin  Guild  Guardian  to  the  said  Mary  Metcalf  mentioned 
in  said  Petition  be  and  hereby  is  impowered  in  his  said  capacity  to 
make  sale  of  the  Estate  in  said  Petition  mentioned  for  the  most  the 
same  will  fetch,  and  make  and  execute  a  good  deed  or  deeds  of  the 
same,  observing  the  rules  of  the  Law  for  the  sale  of  Real  Estates 
by  Executors  and  administrators  and  giving  caution  to  the  Judge 
of  Probate  for  the  County  of  Suffolk  that  the  money  arising  by  said 
sale  be  put  at  Interest  for  the  following  purposes,  to  wit,  that  the 
Interest  of  said  money  or  so  much  thereof  as  shall  be  necessary  for 
the  support  of  the  said  Mary  Metcalf  be  applied  to  that  purpose 
during  her  natural  life,  and  after  her  decease  the  whole  to  revert 
to  the  Heirs  of  the  said  Timothy  Metcalf  deceased  to  be  divided 
in  the  same  proportion  as  if  the  said  Estate  had  remained  unsold. 
[Passed  July  2. 


CHAPTER    50. 

ORDEE   APPOINTING    A    COMMITTEE    FOR    RUNNING    THE    OLD    COLONY 
LINE. 

Eecord^of  the       '^^^  COMMITTEE  appointed  to  consider  the  Petition  of  Jonathan 
councu,  xxix.,  Randall  and  others  and  the  Petition  of  Jonathan  Thayer  and  others 

'^ [in  regard  to  running  the  old  Colony  line],  have  attended  the  ser- 

Kecords^ofthe  '^ice  and  fully  heard  the  parties  and  are  of  opinion  that  a  Committee 
Ms^aie's'^o^'''^''  ^^^'^  ^  skilful  Surveyor  be  appointed  to  repair  to  Bridgwater  and 
Houae'jo'ur.      run  the  Line  of  New  Plymouth  Colony,  so  called,  from  Accord 
"^''l-ro^vince    Pond  to  Angle  Tree;  and  that  said  Committee  notify  all  persons 
Laws,  v.,  273,     whosc  interest  may  be  affected  by  the  runing  of  said  line,  by  giv- 
chap.  3i'9;xiv.,  ing  noticc  of  the  time  and  place  of  their  meeting  for  that  purpose 
U9,  chap.  21.      jj^  ^^Q  q£  j^jjg  Boston  News  papers  three  Weeks  successively,  at  least 
one  month  before  the  time  of  their  meeting,  and  that  said  Com- 
mittee make  report  of  their  doings  thereon  to  this  Court  on  the 
second  Wednesday  of  the  next  sitting  of  the  same.  And  that  all 
Law  suits  commenced  and  now  depending  by  reason  of  the  uncer- 
tainty of  said  line  be  staid  in  the  mean  time.     All  which  is  humbly 
submitted  Artemas  Ward  p  Order 

In  Council,  Read  and  accepted  and  thereupon 
Ordered  that  Artemas  Ward  Esq''  with  such  as  the  hon*"'^  House 
shall  join  be  a  Committee  for  the  purposes  therein  mentioned, 
to  make  report  of  their  proceedings  to  this  Court  on  the  second 
Wednesday  of  the  next  Session  for  their  consideration;  and  that 


[1st  Sess.]     Province  Laws  {Resolves,  etc.). —  1772-73.  643 

all  Law  suits  commenced  and  now  depending  by  reason  of  the 
uncertainty  of  said  line  be  staid  in  the  mean  time. 

In  the  House  of  Representatives,  Read  and  Concurred  and  Col" 
Whitcomb  and  Maj'  Fuller  are  joined. 
In  Council. 

Ordered  that  John  Child  Jun'  of  Holden,  and  in  case  he  cannot 
attend  then  Daniel  Clap  of  Rutland  be  the  Surveyor  for  the  pur- 
pose abovementioned.  In  the  House  of  Representatives,  Read  and 
Concurred.     [^Passed  July  7. 


CHAPTEK    51. 

ORDER  M^ITH  NOTICE  AND  STAY  OF  EXECUTION  ON  THE  PETITION 
OF  WILLIAM  HICKLING  AND  JOSEPH  GREEN  FOR  REVIEW  OF  AN 
ACTION. 

A  Petition  of  William  Hickling  and  Joseph  Green  of  Boston    Set-  Legislative 
ting  forth  That  "William  Holland  of  Falmouth  in  the  County  of  Cum-  colmcif,  xxix^, 

berland  mariner  having  commenced  an  action  of  defamation  against  ??i 

Thomas  Hickling  of  Boston  merchant,  the  said  Thomas  was  arrested  n°°!f j'^^''" 
and  the  Petitioners  were  Bail  for  his  appearance  at  Court  and  abid-  96  bis. 
ing  final  Judgment  That  the  said  Thomas  being  under  engage- 
ments, previous  to  the  commencement  of  the  said  action,  to  transact 
some  business  of  importance,  did  sail  for  Portugal  in  expectation  of 
returning  early  enough  to  make  his  defence  at  the  Superior  Court, 
to  which  the  said  action  was  carried  up  by  demurrer,  but  being  de- 
tained in  Portugal  longer  than  was  expected,  could  not  attend  said 
Court  nor  furnish  his  attorneys  with  the  necessary  papers  for  his 
defence,  in  consequence  of  which  a  Verdict  was  obtained  against 
him  for  £450  and  Costs,  and  Execution  issued  and  returned  in  no 
part  satisfied  That  on  the  35  day  of  May  last  Writs  of  Scire  facias 
were  served  on  the  Petitioners ;  that  Writs  of  Review  were  purchased 
in  time,  to  be  served  for  the  Superior  Court  now  sitting  at  Falmouth, 
and  sent  forward  for  that  purpose,  but  the  person  by  whom  they 
were  sent,  by  accident  lost  the  same;  that  before  he  could  return 
to  Boston  and  from  thence  to  Falmouth  again  the  time  of  service 
would  elapse  That  the  Petitioners  did  attend  the  said  Superior 
Court  and  pray  a  continuance  of  the  action  on  the  Scire  facias  till 
Judgment  was  given  on  the  Review,  which  was  refused  by  two  of 
the  three  Judges  then  present,  so  that  Execution  must  issue  against 
them  for  the  aforementioned  Sum  and  Costs,  unless  suspended  by 
this  Court.  That  the  Petitioners  are  in  daily  expectation  of  the 
return  of  the  said  Thomas,  when  many  circumstances  will  be  pro- 
duced on  the  Review  greatly  to  mitigate  the  damage  if  not  wholly 
to  reverse  the  Judgment.  And,  as  it  does  not  appear  that  the  said 
Holland  is  of  sufficient  ability  to  refund  what  may  be  abated  on  a 
Review,  Praying  that  Execution  on  the  Scire  facias  may  be  sus- 
pended until  a  Review  can  be  prosecuted,  at  the  next  Superior 
Court,  and  Judgment  obtained  thereon. 

[Read  and] 

Ordered  that  the  Petitioners  notify  the  adverse  party  William 
Holland  by  serving  him  with  an  attested  Copy  of  this  Petition  and 
order  twenty  days  before  the  second  Wednesday  of  the  next  Session 
of  the  General  Court  that  he  may  shew  cause,  if  any  he  has,  on  the 
said  second  Wednesday  why  the  prayer  of  their  Petition  should  not 


644 


Province  Laws  {Resolves, etc.).  — 1772-73.     [Chaps.  52,  53.] 


be  granted,  and  that  Execution  be  staid  in  the  mean  time,  provided 
the  Petitioners  give  security  for  the  payment  of  such  monies  as  may 
be  recovered  upon  the  Eeview,  with  Interest.     \^Passed  July  8. 


Legislative 
Records  of  the 
Council,  xxix., 
3'23. 

House  Jour. 
nal,pp.36,57. 
Province 
Laws,  11.,  161, 
cbap.  10. 
Ante,  p.  659, 
chap.  54. 


CHAPTER    52. 

RESOLVE    IMPOWERING    NOAH    CLAP,   GUARDIAN,   TO    SELL   LAND    AND 
MAKING  PROVISION  IN   REGARD   TO  THE   PROCEEDS. 

A  Petition  of  Noah  Clap  Guardian  to  four  of  the  Children  of 
Benjamin  Everenden  lato  of  Dorchester  Clothier  deceased  Setting 
forth  That  two  of  the  said  Children  are  not  yet  put  out,  and  that 
the  income  of  their  part  of  their  said  Fathers  Estate,  and  also  their 
part  of  a  small  piece  of  Land  already  sold  by  order  of  this  Court, 
is  insuflBcient  to  refund  what  he  has  expended  for  their  support,  by 
the  sum  of  twelve  or  thirteen  pounds  That  there  is  a  piece  of  Wood- 
land in  Stoughton  containing  fifty  or  sixty  acres  lying  in  common 
belonging  to  the  said  Children  which  bringeth  in  nothing.  And 
praying  that  he  may  be  impowered  to  make  sale  of  the  said  piece 
of  Woodland  for  the  support  of  the  two  youngest,  and  for  the  ben- 
efit of  the  two  eldest,  of  the  said  Children. 

[Read  and] 

Resolved  that  the  prayer  be  granted,  and  that  the  Petitioner  be 
and  he  is  hereby  impowered  to  sell  the  piece  of  Land  in  the  Peti- 
tion mentioned  for  the  most  the  same  will  fetch  and  make  and  ex- 
ecute a  good  and  sufficient  deed  or  deeds  of  the  same,  he  observing 
the  rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  giving  sufficient  security  to  the  Judge  of  Probate 
for  the  County  of  Suffolk  that  he  will  apply  the  proceeds  of  said 
sale  for  the  benefit  of  the  Heirs  to  the  Land  in  the  Petition  men- 
tioned in  such  manner  as  the  said  Judge  of  Probate  shall  direct, 
and  duly  account  for  the  same.     [Passed  July  8. 


CHAPTBE    53, 


RESOLVE    IMPOWERING    THE    JUSTICES    OF    THE    INFERIOR    COURT    AT 
GREAT  HARRINGTON   TO   RECOMMIT  A  CASE   TO  REFEREES. 


Legislative 
Records  of  the 
Council,  xxix., 
3M. 

Legislative 
Records  of  the 
Council,  xxix., 
130,251.  House 
Journal,  p.  35 
(.June  10, 
1771);  pp.  25, 87, 
89,  98. 


The  Committee  appointed  the  5  day  of  June  last  on  the  Petition 
of  John  Chamberlain  [for  the  rehearing  of  an  action],  made  report; 
upon  which  the  following  order  passed  viz' 

Resolved  that  the  prayer  of  the  said  Petition  be  so  far  granted  as 
that  the  Judgment  given  by  the  Justices  of  the  Inferior  Court  holden 
at  Pittsfield  on  the  last  Tuesday  of  February  AD  1T71  against  the 
said  John  Chamberlain  in  favor  of  Daniel  Rowley  be  superceded 
and  declared  null  and  void,  and  that  the  said  Justices  at  the  next 
Term  for  holding  the  said  Court  at  Great  Barrington  for  the  County 
of  Berkshire  on  the  third  Tuesday  of  August  next  be  and  they  are 
hereby  impowered  and  directed  to  recommit  the  same  case  to  the 
former  Referrees,  namely,  Timothy  Woodbridge  and  David  Ingersoll 
jun'  Esq"  and  Jonathan  Devereux,  and  that  the  said  Referrees  be 
enabled  to  reconsider  the  said  Case  and  report  their  opinion  thereon 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1772-73.  645 

at  the  then  next  Session  of  the  said  Court.  And  such  report  being 
made,  that  the  Justices  of  the  said  Court  be  authorized  to  receive 
the  same  and  to  make  up  Judgment  accordingly.     \_Passed  July  9. 


CHAPTEK    54. 


RESOLVE    APPOINTING    A    COMMITTEE    ON    THE    PETITION    OF    JOHN 
ERVING,  ESQ.,  IN   REGARD  TO  A  BOUNDARY  LINE. 

A  Petition  of  John  Erving  Esq'  of  Boston    Setting  forth    That  Legislative 
in  the  year  1751  he  purchased  of  the  Province  two  thousand  acres  coiScu,  xxix , 

of  Land  lying  on  the  East  side  of  Connecticut  Eiver  and  northerly  ^^ 

on  Millers  River  and  had  a  deed  of  the  same,  the  consideration  ^ai'^pp'ss"? 
being  one  hundred  and  fifty  pounds  lawful  money.  That,  then  un-  Province' 
known  both  to  Grantor  and  Grantee,  some  of  the  purchased  Lands  ^hivp.'-ml'^T.', 
were  before  granted  to  the  Proprietors  of  New  Salem  and  to  Jona-  gjg' pJltp  ito. 
than  Fairbanks  and  Sons,  which  reduces  his  Grant,  which  he  dearly 
purchased,  to  seven  hundred  and  seventy  three  acres  only.  And  pray- 
ing that  the  bounds  between  the  Petitioner  and  the  above  Grantees 
may  be  ascertained,  whereby  this  Court  may  be  enabled  more  satis- 
factorily to  determine  what  equivalent  to  make  him  for  the  said 
loss  and  that  an  equitable  allowance  may  be  made  him  therefor. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  that 
M'  Hinsdale,  M'  Pierce  and  Cap'  Doolittle  be  a  Committee  to  re- 
pair at  the  request  and  expeuce  of  the  Petitioner  to  the  Lands  in 
the  Petition  mentioned  and  determine  the  line  between  the  Grant 
of  Lands  made  to  New  Salem  and  the  Lands  granted  to  the  Peti- 
tioner as  set  forth  in  the  Petition,  and  ascertain  the  number  of 
acres  in  the  last  mentioned  Grant  and  return  a  plan  of  the  same 
taken  by  a  Surveyor  and  Chainmen  under  Oath  to  the  General 
Court  at  their  next  Session.  Provided  that  if  upon  the  said  Com- 
mittees runing  and  ascertaining  said  Line  it  shall  appear  that  the 
Petitioner  hath  not  the  whole  of  the  Land  granted  him  by  his  deed 
refer'd  to  in  his  Petition,  that  then  the  expence  of  said  Committee 
and  the  Surveying  be  refunded  to  him  out  of  the  Province  Treas- 
ury.     \^Passed  July  9. 


CHAPTEK    55. 

RESOLVE  WITH   NOTICE    AND  STAY   OF   EXECUTION   ON  THE   PETTITION 
OF   WILL"  HIGHT  FOR  THE  REVIEW   OF  AN  ACTION. 

A  Petition  of  William  Hight  of  Berwick  in  the  County  of  York  Legislative 
merchant  Setting  forth     That  at  the  Inferior  Court  held  at  York  council,  xxix., 
in  and  for  the  said  County  on  the  second  Tuesday  of  April  1771 


Joshua  Andros  of  said  Berwick  Yeoman  commenced  an  action  of  ^ai"pp''g4"gg 
Trover  against  him  for  two  mast  trees,  therein  alledging  that  the  loo.'  Province 
Petitioner  converted  the  same  Trees  to  his  own  use    That  the  Peti-  chap^-'v.,"^"' 
tioner  in  order  to  defend  himself,  applied  to  John  Sullivan  Esq'  of  io».ciiap. 9. 
Durham  in  the  Province  of  Newhampshire,  as  an  attorney  to  con- 
duct the  cause  in  his  behalf,  who  pleaded  in  bar  to  said  action  a 
Statute  of  this  Province  passed  the  fourteenth  year  of  George  the 


646  Province  Laws  (i?esoZ?;es,e<c.).  — 1772-73.     [Chap.  56.] 

second,  which  limited  the  time  for  bringing  such  actions  to  three 
years  from  the  cause  of  action,  and  by  the  declaration  of  said  Andros 
it  appeared  that  the  cause  of  action  was  near  five  years  before  the 
bringing  of  the  action ;  to  which  plea  the  Counsel  for  the  said  Andros 
demurred  and  produced  a  late  Law  of  the  Province  which  repealed 
the  said  Statute  and  gave  a  further  time  for  bringing  such  actions 
That  upon  Trial  of  the  action  at  the  last  Superior  Court  in  the  said 
County  the  said  plea  in  bar  was  judged  insufficient  and  a  Jury  im- 
panelled to  enquire  of  the  damages,  who  found  against  the  Peti- 
tioner twenty  five  pounds  damage  and  costs  of  Court,  which  he 
apprehends  to  be  iutirely  owing  to  the  plea  aforesaid,  which  pre- 
vented him  from  trying  the  merits  of  the  action,  as  he  could  prove 
upon  the  merits  that  he  was  not  guilty  of  the  charge  in  the  declara- 
tion and,  as  his  attorney  lives  out  of  the  Province  and  was  intirely 
ignorant  of  the  aforesaid  repeal.  Praying  that  he  may  be  impowered 
to  bring  forward  a  Review  of  the  said  action  and  have  liberty  to 
plead  the  general  issue  and  try  the  merits  of  the  Cause,  and  that 
Execution  may  be  staid  in  the  mean  time. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petitioner  be  so  far  granted  as 
that  the  Petitioner  notify  the  adverse  party  by  serving  him  with 
an  attested  Copy  of  this  Petition  and  this  order  thereon,  at  least 
ten  days  before  the  nest  sitting  of  the  General  Court  to  shew  cause, 
if  any  he  have,  on  the  second  Tuesday  of  said  Session  why  the  prayer 
of  the  Petition  may  not  be  granted,  and  also  that  Execution  be  staid 
in  the  mean  time,  provided  that  the  petitioner  give  security  to  the 
SherifE  of  the  County  of  York  to  pay  what  may  finally  be  recovered 
with  costs  and  Interest.     \^Passed  July  9. 


CHAPTEE    56, 


RESOLVE  WITH  ORDER  OF  NOTICE  AND  STAY  OF  EXECUTION  ON  THE 
PETITION  OF  JAMES  OTIS,  ESQ",  TO  BRING  FORWARD  A  WRIT  OF 
REVIEW. 


Legislative 
Records  of  the 
Council,  xxix., 
330. 

House  Jour- 
nal, p.  94. 


A  Petition  of  James  Otis  Esq'  Praying  that  liberty  may  be 
granted  him  to  bring  a  Writ  of  Review  at  the  next  Superior  Court 
to  be  held  at  Barnstable  of  a  certain  action  brought  against  him  by 
Prince  Barker  of  Pembroke,  wherein  Judgment  was  obtained  against 
him  by  default  for  £6.0.6  and  about  fourteen  pounds  costs  at  the 
last  Superior  Court  held  at  Barnstable,  and  that  Execution  may  be 
staid  in  the  mean  time ;  the  Petitioner  setting  forth  that  the  said 
Superior  Court  was  held,  by  adjournment,  the  Tuesday  before  the 
Election  when  it  was  impracticable  for  him  to  attend  his  cause  at 
the  said  Court  and  his  duty,  as  one  of  his  majesty's  Council,  at  the 
election  that  he  presented  a  Petition  to  the  Judges  of  the  said 
Court  praying  that  the  said  cause  might  be  continued,  but  the  major 
part  of  the  Court  present,  over  ruled  the  matter  that  he  had  no 
attorney  at  said  Court  and  was,  otherwise,  unprepared  for  Trial. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
the  Petitioner  notify  the  adverse  party  by  serving  him  with  a  Copy  of 
this  Petition  at  least  ten  days  before  the  next  sitting  of  the  General 
Court,  to  shew  cause,  if  any  he  have,  on  the  second  Tuesday  of  the 
next  Session  of  said  Court  why  tlie  prayer  of  said  Petition  should 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  617 

not  be  granted,  and  that  Execution  be  staid  in  the  mean  time;  pro- 
vided the  Petitioner  give  security  to  the  Sheriff  of  the  County  of 
Barnstable  to  pay  what  may  be  finally  recovered  with  Interest  in  the 
mean  time.     {^Passed  July  9. 


CHAPTEK    57. 

RESOLVE  IMPOWERING  W  RAND  AND  OTHERS,  EXECUTORS,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  William  Rand,  Charles  Turner  and  William  Drew  Legislative 
Executors  of  the  last  Will  and  Testament  of  William  Rand  jun^  late  ^^^X°^^^l^ 
of  Kingston  in  the  County  of  Plymouth  merchant  deceased,  and  33i. 
of  William  Rand  as  Guardian  in  said  Will  named  to  William  Rand  House  Jour, 
jun"',  and  William  Cooper  Guardian  in  said  Will  named  to  Lucy  pro^mce^'^''^' 
Rand,  both  minors  and  the  only  Children  of  the  said  William  Rand  ^^^'Ik''^^^' 
jun'  deceased     Setting  forth     That  the  said  deceased  died  siezed         '    '  . 
and  possessed  of  a  House  and  Barn  and  a  large  Shop  with  about 
three  quarters  of  an  acre  of  Land  in  said  Kingston  which,  with 
other  Estate,  he  devised  unto  the  aforementioned  Children  in  equal 
shares  and  portions     That  said  House  and  Buildings  being  old  and 
decayed  cannot  be  repaired  without  great  expeuce,  and  even  then 
the  Rent  and  Income  of  the  premises  would  no  ways  equal  the  In- 
terest that  would  arise  upon  the  sum  they  may  now  be  sold  for.  And 
praying  that  the  Executors  aforesaid  may  be  impowered  in  that 
capacity  to  make  sale  of  the  said  Land  and  Buildings  for  the  ben- 
efit of  the  said  minors. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Execu- 
tors therein  named  be  impowered  to  sell  the  Real  Estate  in  the 
Petition  prayed  for,  and  make  and  execute  a  good  and  sufficient 
deed  or  deeds  in  Law  to  the  purchaser  or  purchasers,  they  observ- 
ing the  rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates 
by  Executors  and  administrators  and  giving  sufficient  security  to 
the  Judge  of  Probate  for  the  County  of  Plymouth  that  the  proceeds 
of  said  sale  be  paid  one  moiety  thereof  to  the  Guardian  of  Lucy 
Rand,  and  the  other  moiety  to  the  Guardian  of  William  Rand  jun' 
the  minors  in  the  Petition  mentioned,  to  be  put  on  Interest  for  the 
benefit  of  said  minors,  and  that  the  same  be  paid  to  and  enjoyed 
by  said  minors  at  such  time  as  they  respectively  might  have  inher- 
ited said  Real  Estate  in  case  the  same  had  not  been  sold.  {^Passed 
July  10. 


CHAPTEE    5  8 


RESOLVE  ALLOWING   £80  ANNUALLY  FOR  THREE  YEARS   FOR  PROVID- 
ING A  MISSIONARY  FOR  THE   EASTERN  PARTS  OF  THE   PROVINCE. 

Whereas  application  has  been  made  to  this  court  by  the  asso-  Legislative 
ciated  Ministers  in  the  county  of  York,  by  their  memorial  setting  councif  xx'ix* 
forth  that  many  of  the  New  Settlements  in  the  Eastern  Parts  of  sss.   Mass^  "' 
this  Province  are  without  the  Preaching  of  the  Gospel;  and  that  ^J^'"^es,xiv., 


648 


Province  Laws  (liesolves,  etc.) .  — 1772-73.     [Chap.  59.] 


Archives,  xi^ 
561.    House 
Journal,  jip. 
95,  99, 100. 


they  are  unable  to  support  the  same;  and  praying  that  one  or  more 
Missionaries  may  be  provided,  at  the  Expence  of  this  Province,  for 
the  Instruction  of  those  destitute  People  And  it  appearing  that  good 
&  valuable  Purposes  may  be  answered  by  making  Provision  for  the 
Same.         Therefore 

Resolved,  that  there  be  allowed  and  paid  out  of  the  Publick  Treas- 
ury in  the  month  of  October  annually  for  three  years  next  ensuing 
the  first  Day  of  September  Next  a  sum  not  exceeding  the  sum  of 
Eighty  pounds  to  the  Trustees  herein  after  named,  to  be  by  them 
applied  for  supporting  one  missionary  of  sober  life  &  conversation 
for  promoting  christian  Knowledge  in  the  Eastern  parts  of  this 
Province  in  such  Places  as  are  destitute  of  the  Preaching  of  the 
Gospel,  and  are  unable  to  support  the  same  among  tliemselves,  such 
Missionary  to  officiate  at  such  Places  as  he  shall  from  time  to  time 
be  directed  by  said  Trustees  Provided  said  Trustees  shall  annu- 

ally at  the  end  of  each  year  account  to  this  court  for  the  Sum  or 
Sums  by  them  expended  in  support  of  said  Mission 

Resolved  also  that  the  Rev''  Benjamin  Stevens  of  Kittery  &  the 
Rev''  Isaac  Lyman  and  the  rev''  Samuel  Lancton  of  York  be  the 
Trustees  for  the  purposes  abovementioned  and  that  they  or  either 
Two  of  them  be  empowered  to  recieve  the  above  grants,  &  to  appoint 
the  Missionary  as  above  &  him  dismiss  and  another  appoint  in  his 
Room  as  to  them  shall  seem  fit.     [Passed  Jnli/  10. 


CHAPTER    59, 


RESOLVE   ALLOWING   £13.  14.  10  TO   HEZEKIAH  HALL. 


Legislative 
Records  of  the 
Council,  xxix., 

332. 

House  Jour- 
nal, pp.82,  ss, 
84,  100,  101. 
Province 
Laws,  xvt.,  491, 
chap.  3-29;  670, 
chap.  227. 


A  Petition  of  Hezekiah  Hall  of  Tyriugham  in  the  County  of 
Berkshire  Setting  forth  That  in  the  year  1759  he,  being  an  Inhab- 
itant of  Uxbridge  in  the  County  of  Worcester,  was  chosen  a  Con- 
stable for  said  Town  and  had  committed  to  him  to  collect  the  sum 
of  fifty  seven  pounds,  three  shillings  and  nine  pence  assessed  on 
the  people  called  Quakers  in  the  north  part  of  said  Town  for  their 
quota  of  the  expence  in  raising  men  for  the  War,  but  that  an  order 
afterwards  passed  the  General  Court  restraining  him  from  making 
distress  on  said  Quakers  for  their  said  quota,  until  the  further  order 
of  said  Court  That  whilst  he  was  under  the  said  restraint,  two  of 
the  said  Quakers  sold  their  possessions  and  removed  out  of  the  Gov- 
ernment, whereby  he  was  unable  to  recover  their  Rates,  amounting 
to  the  sum  of  £8.17.8  That  he  paid  the  whole  sum  committed  to 
him  to  collect,  into  the  Province  Treasury:  and  praying  an  allow- 
ance for  his  loss  aforementioned. 

[Read  and] 

Resolved  that  there  be  granted  and  allowed  to  Hezekiah  Hall  out 
of  the  Province  Treasury  the  sum  of  thirteen  pounds,  fourteen  shil- 
lings and  ten  pence,  being  the  principal  and  Interest  of  eight  pounds 
seventeen  shillings  and  eight  pence,  paid  by  the  petitioner  in  the 
year  1763  on  account  of  a  Tax  assessed  on  John  Eliot  and  David 
Eliot  in  the  year  1759  who  have  hitherto  avoided  payment  by  going 
out  of  the  Province  in  the  year  1760  and  so  continuing  from  that 
time  'til  now;  the  said  Petitioner  being  restrained  from  collecting 
the  Tax  assessed  on  them  by  an  order  of  the  General  Court  agreable 
to  what  is  set  forth  in  the  Petition;  provided  nevertheless  that  if 


[1st  Sess.]     Province  liAws  (Besolves,  etc.).  — 1772-73.  649 

the  said  John  and  David  shall  return  into  this  Province,  the  Peti- 
tioner is  hereby  directed  to  use  his  best  endeavours  to  collect  the 
abovesaid  Tax,  and  when  collected  to  pay  the  same  immediately 
into  the  Province  Treasury.     [Passed  July  10. 


CHAPTER    60. 

RESOLVE    APPOINTING    A    COMMITTEE    TO    EXAMINE    THE    BOUNDARY 
LINES   OF   A  TOWNSHIP   GRANTED   JOHN   MURRAY   AND   OTHERS. 

A  Petition  of  John  Murray  Esq'  in  behalf  of  himself  &  Xathan  Legislative 
Jones  and  others,  the  purchasers  of  a  Township  called  East  Hoosuck  coSncif  xxu" 
in  the  County  of  Berkshire     Setting  forth     That  in  June  1763  the  335. 
said  Nathan  purchased  of  the  Province  the  said  Township,  which  House  Jour^ 
was  to  be  of  the  contents  of  si.x  miles  square,  exclusive  of  former  "^  iosjm  '' 
Grants,  for  which  he  gave  three  thousand  two  hundred  pounds    That  £a^8°xfv.,497, 
on  the  16""  day  of  February  1750  the  General  Court  granted  to  chap.  224;  bti,' 
Ephraim  Williams  Esq''  one  hundred  and  ninety  acres  of  the  best  xv«'!,'242,'cbap. 
Land  and  in  the  body  of  said  Township,  on  condition  that  he  should  ^'*- 
erect  and  finish  for  service,  a  good  Grist  mill  and  Saw  mill  on  the 
north  branch  of  Hoosuck  River  and  keep  the  same  in  repair  twenty 
years  after  they  were  built,  and  open  a  Road  two  rods  wide  on 
the  northerly  side  of  Fort  Massachusetts  leading  towards  Albany, 
which  conditions  were  never  fulfilled;  notwithstanding  which,  said 
Land  was  sold  by  said  Williams  for  near  a  thousand  pounds  lawful 
money     That  what  induced  them  to  give  such  an  extraordinary 
price  for  the  said  Township  was  a  full  confidence  that  they  should 
have  the  quantity  of  six  miles  square  and  have  a  Grist  mill  and  Saw 
mill  kept  in  repair  eight  years  after  their  purchase,  which  they  are 
likely  to  lose  the  benefit  of  without  the  aid  of  this  Court.  And  pray- 
ing that  a  Committee  may  be  appointed  to  run  out  the  westerly  line 
of  said  Township  (which  never  has  yet  been  run)  view  the  said 
Township  and  report  what  allowance  shall  be  made  to  the  pur- 
chasers under  the  disadvantages  aforesaid. 
In  the  House  of  Representatives. 

[Read  and] 

Resolved  that  the  prayer  of  [this]  Petition  be  so  far  granted  that 
a  Committee  of  this  House  be  appointed  to  repair  to  the  Township 
sold  to  Nathan  Jones  and  others  Anno  Domini  1763  and  run  the 
westerly  line  of  said  Township  and  any  other  lines  that  may  be 
thought  doubtful  and  make  report  of  their  doings  at  the  next  sit- 
ting of  the  General  Court,  provided  the  petitioner  desire  the  same, 
and  shall  engage  to  pay  the  expence  thereof  in  case  it  shall  appear 
that  said  Township  is  of  the  full  contents  of  six  miles  square,  exclu- 
sive of  former  Grants;  provided  also  that  if  it  shall  appear  upon 
runing  the  Lines  that  there  is  more  than  the  contents  of  six  miles 
square  the  overplus  shall  be  returned  to  the  Province,  and  M'  Bige- 
low  of  Worcester  M'  Ingersoll  and  Col°  Day  are  appointed  a  Com- 
mittee accordingly. 

In  Council,  Read  and  Concurred.      \_Passed  July  11. 


650 


Province  Laws  {Resolves,  etc.) .  — 1772-73.     [Chaps.  61,  62.] 


CHAPTEK    61 


RESOLVE   ALLOWING   £6   TO    W"  THAYER. 


Legislative 
Eecorils  of  the 
Council,  xxix., 
336.    Mass. 
Archives, 
Ixxx.,  704. 


Archives, 
Ixxx.,  703. 
House  Jour- 
nal, pp.  lOS,  109. 
Province 
Laws,  xvil., 
245,  chap.  54 ; 
450,  chap.  168. 


A  Petition  of  William  Thayer  Setting  forth  That  he  lost  one 
of  his  legs  in  the  service  of  the  Province  the  last  War  and  also  lost 
his  health  so  that  he  has  been  obliged  to  be  under  the  hands  of  Phy- 
sicians &  Surgeons,  at  times,  for  sixteen  years  past,  which  have  cost 
him  above  one  hundred  pounds  lawful  money,  beside  the  expence 
of  other  attendance  and  his  loss  of  time.  And,  after  acknowledg- 
ing with  gratitude  the  Grants  heretofore  made  him,  Praying  further 
relief. 

[Read  and] 

Eesolv''  that  there  be  paid  out  of  the  Publick  Tresurer  of  this 
Province  Six  pounds  to  the  within  petitioner  to  Inable  him  to  Pay 
the  Surgeons  &c  as  set  forth  in  the  petition.     [Passed  July  11. 


CHAPTEE    62. 

RESOLVE  IMPOWERING  LYDIA  WARE   TO    SELL    LANDS    AND   MAKING 
PROVISION  IN  REGARD   TO  THE   PROCEEDS. 


Legislative 
Eecords  ol the 
Council,  xxix., 

House  Jour- 
nal, pp.  .58, 64, 
65.  Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Lydia  Ware  Widow  of  William  Ware  late  of  Digh- 
ton  deceased  Setting  forth  That  her  late  Husband  was  a  pro- 
prietor in  the  Lauds  granted  to  Gallop  and  others  and  has  left 
three  minor  Children  and,  as  the  Lands  are  now  to  be  allotted 
amongst  the  proprietors  and  she  is  unable  to  pay  towards  the 
charge  thereof,  Praying  that  she  may  be  impowered  to  dispose  of 
the  premises  for  the  benefit  of  the  said  Children. 

[Read  and] 

Resolved  on  the  Petition  of  Lydia  Ware  that  the  prayer  thereof 
be  granted,  and  that  the  Petitioner  be  and  she  accordingly  is  hereby 
is '  impowered  to  sell  the  right  of  her  late  Husband  in  the  Lands 
granted  as  in  the  petition  mentioned,  for  the  most  the  same  will 
fetch,  and  make  and  execute  a  good  and  sufficient  deed  or  deeds 
thereof  to  the  purchaser  or  purchasers,  she  observing  the  rules  and 
directions  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  giving  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Bristol  that  the  proceeds  of  said  sale  be 
applied  as  followeth  viz'  one  third  of  the  money  be  put  on  Interest 
and  the  Petitioner  be  allowed  said  Interest  in  lieu  of  her  dower  in 
said  Lands  during  her  natural  life,  and  that  the  other  two  thirds 
be  put  on  Interest  for  the  benefit  of  the  Children,  the  Income  to 
be  allowed  them  annually  for  their  support;  also  that  said  two 
thirds,  together  with  the  first  mentioned  third  after  the  Widows 
decease  be  paid  to  and  enjoyed  by  the  Children  when  they  shall 
arrive  to  full  age  or  be  married,  if  daughters,  in  the  same  propor- 
tion they  might  have  inherited  said  Real  Estate  in  case  the  same 
had  not  been  sold.     [Passed  Jtily  13. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  651 


CHAPTER    63. 

ORDERS   AND   RESOLVES  IMPOWERING  JOHN  BILLING  TO  APPLY  FOR 
INCREASED   DAMAGES  FOR  LAYING  A  ROAD. 

A  Petition  of  John  Billing  of  Amherst  in  the  County  of  Hamp-  Legislative 
shire  Setting  forth  That  in  May,  the  last  year,  a  County  Road  was  c^unc'if,  xx^x*!, 
(by  order  of  the  Court  of  General  Sessions  of  the  peace  for  the  said  s^"- 
County)  laid  from  Belcherstown  to  said  Amherst  That  in  laying  House  Jour- 
out  the  same  the  Committee  appointed  for  that  purpose  laid  the '"'''''''  ' 
same  two  rods  in  width  and  the  length  of  two  hundred  and  six  rods 
and  seventeen  links  through  the  Petitioners  valuable  improved  Land 
in  said  Amherst,  which  being  reported  by  said  Committee  on  the 
third  Tuesday  of  May  1771  was  by  the  said  Court  accepted  and 
established  That  the  said  Committee  estimated  the  damages  the 
Petitioner  sustained  by  laying  the  same  Road  through  his  Land  at 
four  pounds,  and  no  more,  which  sum  he  then  did  and  still  does, 
consider  as  a  very  inadequate  reward  for  his  damages  thereby  occa- 
sioned, as  he  will  be  obliged  by  reason  thereof,  if  continued,  to 
maintain  as  well  as  make  more  than  400  rods  of  fence,  and  much 
of  it  at  a  great  expence  besides  the  loss  of  his  Land  That  he  did 
not  apply  at  the  Term  next  after  the  acceptance  of  the  said  Report 
for  a  Jury  to  alter  the  same  or  encrease  the  damages  adjudged  him 
by  the  said  Committee  (which  by  Law  he  ought  to  have  done  to 
intitle  him  to  a  Jury)  by  reason  of  his  being  informed  and  believ- 
ing that  twelve  months  were  by  Law  allowed  for  that  purpose,  and 
also  because  the  Selectmen  of  said  Amherst  at  that  Term  preferred 
a  Petition  to  the  same  Court  for  an  alteration  in  the  same  Road, 
which  if  granted  would  intirely  remove  it  from  the  Petitioners  Land. 
And  praying  that  he  may  be  allowed  the  benefit  of  a  Jury,  his  omis- 
sion notwithstanding. 

[Read  and] 

Ordered  and 

Resolved  that  he  have  liberty  to  make  his  application  unto  the 
Court  of  General  Sessions  of  the  peace  to  be  held  at  Springfield 
within  and  for  the  County  of  Hampshire  on  the  last  Tuesday  of 
August  next  praying  that  the  said  Court  would  enquire  by  a  Jury 
of  good  and  lawful  men  both  of  the  necessity  of  the  Way  mentioned 
in  the  said  Petition  and  of  the  estimate  of  the  damages  occasioned 
to  him  the  said  Billing  by  the  said  Way  made  by  the  Committee 
who  laid  out  the  same,  and  it  is  also 

Ordered  and 

Resolved  That,  upon  such  application  being  made  to  the  said  Court 
by  the  said  Billing  it  shall  and  may  be  lawful  for  the  said  Court  and 
they  are  hereby  impowered  to  proceed,  order  and  award  relative  to 
and  touching  the  said  Way  and  damages  occasioned  thereby  to  the 
said  Billing  in  all  respects  in  the  same  manner  as  by  Law  they  could 
might  and  ought  to  have  done  in  case  the  said  Billing  had  made 
such  apjDlication  to  the  said  Court  at  the  Session  thereof  next  after 
the  Session  at  which  the  Committee  who  laid  out  the  said  Way 
made  their  return  or  report  thereof  to  the  said  Court,  the  time  by 
Law  limited  for  making  such  application  being  now  passed  notwith- 
standing.    \^Passed  July  13. 


652 


Peovlnce  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  64-66.] 


Legislative 
Kecorde  of  the 
Council,  xxix., 
343. 

House  Jour- 
nal, pp.  IT,  24, 
48,74,  85,  119. 


CHAPTER    64. 

RESOLVE   ALLOWING   THE  ACCOUNT    OF  THE    TREASURER   OF   BERK- 
SHIRE  COUNTY. 

The  accouxts  of  Mark  Hopkins  Esq'  Treasurer  of  the  County 
of  Berkshire  being  laid  before  the  Court  for  allowance,  the  follow- 
ing order  passed  thereon  viz' 

Whereas  it  appears  upon  examination  of  the  accounts  of  the  Treas- 
urer for  the  County  of  Berkshire  that  all  the  monies  granted  and 
allowed  by  the  Court  of  General  Sessions  of  the  peace  for  said 
County  for  the  years  1767  and  1768  and  1769  and  for  the  year  1770 
were  for  such  purposes  and  appropriations  as  the  Law  impowered 
said  Court  to  grant.  Therefore 

Resolved  that  said  accounts  be  allowed,  the  said  Treasurers  omis- 
sion of  presenting  the  said  accounts  to  the  General  assembly  for 
allowance  at  the  respective  times  by  Law  prescribed  notwithstand- 
ing, as  this  Court  is  satisfied  that  such  omission  in  the  said  Treas- 
urer, and  the  Justices  of  the  Sessions  proceeding  to  Grant  monies 
for  defreying  the  charges  of  the  said  County  before  the  allowance 
of  their  grants  by  the  General  Court,  were  not  in  contempt.  ^Passed 
July  14. 


CHAPTER    65. 

RRSOLVE    TERMINATING    THE    POWER    GRANTED    TO    THE 
BECKET  TO    LEVY   CERTAIN   TAXES. 


Legislative 
Records  of  the 
Council,  xxLX., 
344.    Mass. 
Archives, 
cxvlii.,  5S7. 


Archives, 
cxvill.,  6S6. 
House  Jour, 
nal,  pp.  68, 77. 
Province 
Laws,  iv.,  817, 
chap.  17. 


Whereas  By  the  Act  for  the  Incorporation  of  the  Town  of 
Becket  it  is  among  other  things  Enacted  that  all  Taxes  which  shall 
be  Eaised  within  Said  Town  for  Settling  a  Minister  building  a  meet- 
ing House  and  Repairing  of  Roads  be  levied  on  the  Several  Pro- 
prietors of  that  Plantation  according  to  their  Interest  until  the 
further  order  of  the  Gen'  Court.  And  it  now  appearing  that  the 
Clause  in  the  act  before  Recited  has  had  its  operation  So  far  as  is 
Just  and  Reasonable 

Therefore 

Resolved  that  all  power  Granted  to  the  Said  Town  of  Becket  by 
the  Said  Clause  in  the  act  before  mentioned  (and  so  far  as  that 
extends  only)  Do  for  the  future  wholly  surcease  and  Determine  and 
that  no  more  money  be  Raised  on  the  proprietors  in  manner  as  before 
mentioned.     [Passed  July  14. 


CHAPTER    66. 


RESOLVE   IMPOWERING   JONAS   AND    MARY    OBSCO,  INDIANS,  TO    SELL 
LAND  AND   MAKING  PROVISION  IN   REGARD   TO   THE  PROCEEDS. 


Recordfof  the  ^  PETITION  of  Jonas  Obsco  and  Mary  Obsco  of  Natick  Indians  Set- 
councii,  xxix.,  ting  forth  That  they  have  for  several  years  past  been  exercised  with 
Archives?'  Sickness  in  their  Family,  of  which  several  of  their  Children  have 
xxxiii.,  560.       Jied,  which  has  occasioned  their  being  in  debt  to  Physicians  and 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1772-73.  653 

others  who  relieved  them  in  times  of  their  affliction.  That  they  have  Mass. 

a  lot  of  Land  at  the  west  part  of  Natick  four  miles  distant  from  xxxuiTfsb. 

their  homelot  and  four  miles  from  the  meetinsr  house  containing  uouse  Jour- 

k         1  •  ^  ^  1  '  Ti         nSil,  pp.  22,  60, 

thirty  seven  acres.   And  praying  that  they  may  be  impowered  to  Ante,  p.  5-2, 
make  sale  of  the  whole  or  part  thereof  to  enable  them  to  pay  the  '''"'P'  "*" 
said  debts  and  for  their  future  support. 

[Read  and] 

Resolved  that  the  Prayer  of  the  foregoing  Petition  be  Granted  and 
the  petitioners  are  hereby  Impowerd  to  Sell  the  Tract  of  Land  in 
their  petition  Mentioned  under  the  Inspection  and  Direction  of  the 
Guardians  for  the  natick  Indians  and  make  and  Execute  a  good 
Deed  thereof  to  the  purchaser  or  purchasers  provided  the  precedes 
of  Said  sale  be  applied  as  followeth  viz  that  the  Said  Guardians  take 
the  Same  and  pay  Such  Debts  of  the  petitionrs  as  to  them  Shall 
appear  to  be  Just  and  that  the  Remainder  of  the  proceeds  of  Such 
sale  Shall  Remain  in  the  hands  of  Said  Guardians  and  be  by  them 
applied  for  the  necessary  Support  of  the  petitioners  and  what  of  the 
Same  shall  Remain  (if  any)  unapplied  as  afores'^  During  the  lives 
of  the  Petitioners  the  Said  Guardians  shall  be  accountable  for. 
\^Passed  July  14. 


CHAPTER    67. 

RESOLVE  ACCEPTING  REPORT  OF  COMMITTEE  ON  GENERAL  ACCOUNT 
OF  THE  PROVINCE  TREASURER  FROM  MAY  29,  1771,  TO  MAY  29,  1772, 
AND  DISCHARGING   HIM  OF   £102,436.  8.  7. 

The  CoMiiiTTEE  to  whom  was  referred  the  examination  of  the  Legislative 
accounts  of  Harrison  Gray  Esq"'  Treasurer  and  Receiver  General  of  councif  xxix! 

his  majesty's  Revenues  within  the  Province  of  the  Massachusetts  ^^ 

Bay  in  New  England  begining  the  29  May  1771  and  ending  the  29  Legislative 

HI--'     -,m~r>    u       •  ii.       1     1    ii     i  -1  •    •         j-i       Records  of  the 

May  1772  having  attended  that  service  and  upon  examining  the  council,  xxix., 
same  find  them  right  cast  and  well  vouched,  by  which  it  appears  jourimi'"pp. 47 
that  the  said  accomptant  charges  himself  with  the  sum  of  sixty  one  vi,  123, 124. 
thousand  seven  hundred  and  fifty  three  pounds,  thirteen  shillings 
and  five  pence  being  so  much  due  for  Taxes  as  represented  by  his 
last  years  accounts.  Also  with  the  sum  of  sixteen  thousand  five  hun- 
dred seventy  nine  pounds,  eleven  shillings  and  five  pence  being  the 
balance  of  his  last  accounts.  Also  with  the  sum  of  seventy  five  thou- 
sand and  ninety  one  pounds  borrowed  of  sundry  persons  for  which 
gave  notes  payable  in  June  1772,  1773  and  1774.  Also  with  the  sum 
of  twenty  seven  thousand  three  hundred  pounds  being  a  Tax  laid 
upon  Polls  and  Estates  by  virtue  of  an  act  passed  the  General  Court 
at  their  Sessions  in  October  1770,  also  with  the  sum  of  nine  hun- 
dred fifty  two  pounds,  twelve  shillings  and  four  pence  received  of 
sundry  persons  for  Lands.  Also  with  the  sum  of  forty  one  pounds, 
nine  shillings  and  four  pence  received  of  sundry  Justices  for  Fines. 
Also  with  the  sum  of  five  hundred  and  two  pounds,  two  shillings 
and  nine  pence  received  of  the  hon'''^  James  Russell  Esq'  for  Im- 
jjost  duties;  all  which  sums  amount  to  one  hundred  and  eighty  two 
thousand,  two  hundred  and  twenty  pounds,  nine  shillings  and  three 
pence.  The  Committee  further  find  that  the  said  accomptant  dis- 
charges himself  by  sundry  payments  and  disbursements  by  order  of 
the  Governor  &  Council,  amounting  to  twelve  thousand  three  hun- 
dred and  one  pounds,  seventeen  shillings  and  seven  pence.  Also  by 


654  Frovince 'LAWs{Iiesolves, etc.).  — 1772-73.     [Chap.  68.] 

Government  securities  burnt  by  a  Committee  of  both  Houses  amount- 
ing to  eighty  nine  thousand  three  hundred  and  four  pounds  ten 
shillings.  Also  by  one  years  Interest  paid  on  Government  securities 
amounting  to  eight  hundred  and  thirty  pounds,  one  shilling.  Also 
by  Taxes  due  from  the  several  Towns  outstanding  amounting  to 
sixty  seven  thousand  one  hundred  and  eighteen  pounds,  sixteen 
shillings  and  nine  pence.  Also  by  balance  in  hand  further  to  ac- 
count for  twelve  thousand,  six  hundred,  sixty  five  f)ounds  three 
shillings  and  eleven  pence,  all  which  Sums  amount  to  one  hundred 
eighty  two  thousand,  two  hundred  and  twenty  pounds,  nine  shil- 
lings &  three  pence. 

[Read  and] 

Resolved  that  the  foregoing  account  being  right  cast  and  well 
vouched  be  allowed,  and  that  the  Treasurer  be  discharged  of  the 
foregoing  payments  amounting  to  the  sum  of  one  hundred  and  two 
thousand  four  hundred  and  thirty  six  pounds,  eight  shillings  and 
seven  pence  and  that  he  be  accountable  for  the  sum  of  sixty  seven 
thousand  one  hundred  &  eighteen  pounds,  sixteen  shillings  and 
nine  pence  being  outstanding  Taxes,  when  received  into  the  Treas- 
ury, and  for  the  balance  in  hand  being  twelve  thousand,  six  hundred 
and  sixty  five  pounds,  three  shillings  and  eleven  pence.  {^Passed 
July  14. 


CHAPTEK    68. 

RESOLVE  STAYING  PROCEEDINGS  IN  REGARD   TO  ASHFIELD. 

Records'of  the       Wheeeas  there  is  a  Bill  now  depending  in  this  Court  (but  for 
Council,  xxix.,  want  of  time  not  likely  to  be  enacted  in  this  Session)  for  establish- 

— ing  and  confirming  making  effectual  and  valid  the  sales  of  Land  in 

Eecords'onhe  ^hc  Township  of  Ashfield  in  the  County  of  Hampshire  which  were 

iibu^'^k^wi"'  °''^'i6  i'l  *^he  years  1763,  1764,  1765  for  the  levying  of  Taxes  which 

254, 283, 297.''     had  been  granted  by  the  Proprietors  of  the  said  Township  and 

mii"p!rS?^'      assessed  by  the  assessors  appointed  by  the  said  Proprietors,  and 

Province^__       for  quieting  the  possessions  of  such  Persons  who  hold  Lands  there 

331,  chap.'24;  '  Under  the  said  sales,  notwithstanding  there  were  some  circumstan- 

^A^ae,  p°«5       tial  and  immaterial  variations  in  the  proceedings  of  the  said  assessors 

chap.  62.  previous  to  &  in  making  the  said  sales  from  the  forms  and  methods 

prescribed  in  the  act  or  Law  according  to  which  the  said  assessors 

endeavoured  to  proceed  in  making  the  same,  not  to  any  real  hurt 

or  damage  of  such  Proprietors  whose  Lands  were  then  sold  for  the 

purpose  aforesaid.   And  whereas  some  actions  in  Law  have  been 

already  brought  and  are  now  depending  and  others  may  possibly 

be  brought  by  such  persons  as  were  the  owners  of  the  Land  sold 

as  aforesaid  before  and  until  the  making  the  sales  aforesaid  or  their 

Heirs  to  the  great  injury,  wrong  and  disquiet  of  such  persons  who 

honestly  purchased  the  same,  their  Heirs  or  assigns.  It  is  therefore 

Ordered  and 

Resolved  that  all  such  actions  as  are  now  depending  and  all  such 
actions  as  may  be  hereafter  brought  or  entered  in  any  Court  for  the 
recovery  of  such  Lands  by  reason  of  any  imperfections  in  the  said 
sales  or  damages  on  account  of  such  imperfections  shall  be  staid  and 
that  no  further  proceedings  shall  be  had  on  such  actions  as  are  now 
depending  tlian  have  been  already  had  but  what  are  necessary  for 
the  continuance  and  sustaining  the  same  in  the  state  they  are  now 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  655 

in,  nor  on  such  as  may  be  hereafter  brought  or  entered  before  the ' 
another  Session  of  the  Great  and  General  Court  or  assembly  but 
only  to  continue  and  sustain  the  same  when  entered  until  the  end 
of  the  next  Session  of  a  Great  and  General  Court  or  assembly  of 
this  Province,  and  that  all  the  Executive  Courts  of  this  Province 
are  hereby  ordered  and  enjoined  to  take  notice  and  conform  to  this 
order.     \_Passed  July  14. 


CHAPTEE    69. 

RESOLVE  DIRECTING  THE  COMMITTEE  APPOINTED  TO  ASCERTAIN  THE 
BOUNDARY  LINE  OF  LANDS  PURCHASED  BY  JOHN  ERVING,  AND  TO 
ASCERTAIN   THE    QUANTITY    OF    LAND    CONTAINED   LN   THE    PLAT. 

Resolved  that  the  Committee  appointed  on  the  Petition  of  the  £''^'^'f"^i',,^ 
hon*"'^  John  Erving  Esq'  who  are  directed  in  the  recess  of  the  Court  council,  xxix., 
to  repair  to  the  Lands  purchased  by  said  Erving  of  the  Province  in  ^^• 


the  year  1751  lying  on  the  east  side  of  Connecticut  Eiver  and  bound-  JaTrf  m""^' 
ing  northerly  on  Millers  River  and  Southerly  on  New  Salem  Grant  Province ' 
who  are  directed  to  determine  the  line  between  the  aforesaid  Grants  cimp!'24o. "'     ' 
are  hereby  directed  to  measure  and  ascertain  the  quantity  of  Land  ^hap'si^^' 
contained  in  the  plat  of  the  aforesaid  Grant  to  New  Salem  as  ac- 
cepted by  the  Great  and  General  Court  on  February  22'^  1743  and 
report  to  this  Court  at  their  next  Sessions.     \^Passed  July  14. 


656 


Province  Laws (Besolves, etc.). —  1772-73.    [Chaps.  70,  71.] 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Sixth  Day  of  January,  A. D.  1773. 


CHAPTEK    70. 

RESOLVE  ALLOWING  SUNDRY  AMOUNTS    TO    DIVERS    MEMBERS    OF    Y^ 
COM'^"-''  ON   VALUATION. 

Legislative ^^^       Eesolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
councif,  xxix.,  ury  to  the  persons  under  mentioned  the  several  sums  affixed  to  their 

?Z£: names  in  full  compensation  for  the  services  done  by  them  severally 

?aTiK  27°"'^"  to  the  late  Committee  of  valuation  To  Jedediah  Foster  Esq'  for 
(1768)';  pp.  121,  his  services  as  Clerk  to  said  Committee  the  sum  of  twelve  pounds. 
^mfchtp.  59.  To  Abraham  Fuller  Esq'  for  his  assistance  and  care  of  the  Eolls, 
one  pound  four  shillings.  To  M'  Thomas  Denny  twelve  shillings. 
To  Thomas  Cooke  Esq'  twelve  shillings.  To  M'  Thomas  Marsh  for 
casting  Eolls  fifteen  shillings.  To  M'  Henry  Alline  jun'  for  writing 
and  expences  at  Cambridge  Seven  pounds,  sixteen  shillings.  To 
M'  Daniel  Wiswall  for  his  House  room  at  Cambridge  ten  days,  one 
pound,  sixteen  shillings.  To  M'  Alexander  Sheppard  for  casting 
Eolls  eighteen  shillings.     [Passed  January  9. 


CHAPTEK    71 


Legislative 
Records  of  the 
Council,  xxlx., 
378.    Mass. 
Archives,  cxi.. 


Mass. 

Archives,  cxl., 
R68.    House 
Journal, 
pp.  150, 151. 


RESOLVE   GRANTING  TO   JONATHAN   WEBB   LICENSE   TO  KEEP  AN    INN. 

A  Petition  of  Jonathan  "Webb  of  Salem  in  the  County  of 
Essex  Setting  forth  That  there  is  but  one  Tavern  near  the 
middle  of  the  said  Town  and  that  it  is  judged  expedient  that  one 
or  more  Taverns  should  be  appointed  and  kept  near  the  middle 
of  the  Town  for  the  accommodation  of  Strangers  and  Travellers 
and  for  public  occasions,  particularly  at  the  times  of  the  sitting 
of  the  Courts  That  he  has  obtained  the  approbation  of  the  Select- 
men of  the  said  Town  for  keeping  a  Tavern  there.  And  praying 
that  the  Court  of  General  Sessions  of  the  peace  at  their  Term  in 
March  next  may  be  impowered  to  grant  him  a  License  for  that 
purpose. 

[Eead  and] 

Resolved,  that  the  prayer  thereof  be  Granted,  and  that  the  Court 
of  Generall  Sessions  of  the  Peace,  next  to  be  Holden  at  Ipswitch  in 
and  for  the  County  of  Essex,  be  and  hereby  are  Impowerd  to  Grant 
a  Licence  to  the  said  Jonathan  Wibb,  to  be  an  Inholder  in  Salem 
in  said  County,  the  Time  for  Granting  Licenses  in  said  County 
being  Elapsed,   notwithstanding  Provided  he   produce   from    the 


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  —  1772-73.  657 

select  men  of  the  Town  of  Salem,  a  Certifyeate  Recomending  him 
as  a  Person  Suitably  Qualifyed  for  Said  Employment.  [Fassed 
January  12. 


CHAPTEK    72. 

RESOLVE  ALLOWING   £60   AND   A  FURTHER  SUM   OF    £15.  9    TO    ROBERT 
BALLS. 

A  Petition  of  Robert  Balls  keeper  of  the  Lighthouse  in  the  Legislative 
harbour  of  Boston  Praying  an  allowance  for  his  last  years  service  counclf  xx'ix! 
which  expired  the  19  day  of  November  last,  and  which  completed  38i. 
the  thirty  ninth  year  of  his  keeping  the  said  Light  House,  and  also  House  Jour- 
praying  for  the  reimbursement  of  the  sum  of  fifteen  pounds,  nine  °*'>pp-i^>15*. 
shillings  which  he  advanced  for  Wood  for  the  benefit  of  the  Light. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  the  sum 
of  Sixty  pounds  be  allowed  and  paid  to  him  out  of  the  public  Treas- 
ury for  one  years  service  as  keeper  of  the  Lighthouse  in  the  harbour 
of  Boston  due  the  19  day  of  No^em''  last,  also  the  further  sum  of 
fifteen  pounds,  nine  shillings  for  the  cost  of  twenty  five  Cord  Wood 
which  he  provided  and  expended  for  the  benefit  of  the  Lighthouse. 
\^Passed  January  13. 


CHAPTEE    73. 

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

A  Petition  of  Deborah  Hagget  administratrix  of  the  Estate  of  Legislative 
Jacob  Hagget  late  of  Andover  in  the  County  of  Essex  deceased    Set-  councif,  xxix^, 
ting  forth.  That  the  personal  Estate  of  the  said  deceased  being  in- 


sufficient to  pay  his  just  debts  by  the  sum  of  £30.1.3.4  she  applied  naT^*^  "'i^'^iss 
to  the  Superior  Court  and  obtained  leave  to  sell  so  much  of  the  Real  i54.'  Province' 
Estate  of  the  said  deceased  as  to  enable  her  to  pay  the  same;  That  ch^f'io.'' ^^^' 
she  hath  accordingly  sold  a  piece  of  Land  remote  from  the  home- 
stead for  the  sum  of  £13.6.8  but  cannot  sell  any  other  part  of  the 
Real  Estate  without  great  prejudice  to  the  whole.  And  praying  that 
she  may  be  impowered  to  make  sale  of  the  whole  of  the  said  Real 
Estate  to  enable  her  to  pay  the  said  debts,  and  to  enable  her  to  sup- 
port herself  and  two  young  Children. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  the  petitioner  is 
hereby  impowered  to  make  sale  of  the  Real  Estate  in  the  Petition 
mentioned  for  the  most  the  most  the  same  will  fetch,  and  make 
and  execute  a  good  and  sufficient  deed  or  deeds  of  the  same  to  the 
purchaser  or  purchasers ;  she  observing  the  rules  and  directions  of 
the  Law  for  selling  Real  Estates  by  Executors  and  administrators 
and  giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Essex  that  one  third  of  the  proceeds  of  such  sale  be  put  on  inter- 
est for  the  benefit  of  the  Petitioner,  the  interest  to  be  allowed  her 
annually  in  lieu  of  her  dower  in  said  Estate,  and  the  other  two  thirds, 
after  paying  the  just  debts  and  charges  thereout,  be  put  on  Interest 
for  the  use  of  the  minors  in  the  Petition  mentioned,  the  said  two 


658  Pkovixce  Laws  (i?eso?i;es,e<c.).  — 1772-73.     [Chaps.  74,  75.] 

thirds  also  tlie  first  mentioned  third,  after  the  Widows  decease,  be 
paid  to  the  two  Children  or  their  legal  Eepresentatives  at  such  times 
and  in  such  proportions  as  they  might  have  inherited  said  Real  Estate 
in  case  the  same  had  not  been  sold.     [Passed  January  IS. 


CHAPTER    74. 

RESOLVE  GRANTING  300  ACRES   OF  LAND   TO  JONATHAN  SPRAGUE. 

Legislative  A  PETITION  of  Jonathan  Sprague      Setting  forth.   That  some 

councir,  xxix!,  years  ago  he  bought  a  right  of  Land  in  Ashfield,  one  hundred  acres 

??£: of  which  was  laid  out  where  he  now  lives,  but  he  now  finds,  by  the 

House  Jour-      settlement  of  the  north  line  of  Ashfield,  that  the  said  one  hundred 

nal,  pp.  144,  loll  .       -r^  .  -r  1  1    ■     1      1  1  1      1        -T  TT 

152.  acres  is  Province  Land ;  on  which  he  hath  built  an  House  and  made 

considerable  improvements  That  he  hath  two  Sons  who  have  made 
improvements  on  the  Province  Land  adjoining  to  the  said  one  hun- 
dred acres,  and  on  which  they  are  desirous  of  settling.  And  praying 
that  there  may  be  granted  to  him  and  his  two  Sons,  three  hundred 
acres  of  Land,  including  the  said  one  hundred  acres,  bounding  South 
on  Ashfield,  Easterly  on  Chileab  Smith's  Land  as  far  north  as  the 
north  line  of  said  hundred  acres  extends,  and  then  "Westerly  so  far 
as  to  make  said  quantity  of  three  hundred  acres. 

[Read  and] 

Resolved  that  there  be  granted  to  the  Petitioner  three  hundred 
acres  of  Land  bounded  and  described  in  said  Petition,  on  this  con- 
dition that  the  Petitioner  return  a  jjlan  thereof  taken  by  a  Surveyor 
and  Chainmen  under  Oath  within  five  mouths,  and  at  the  same 
time  give  security  to  the  Province  Treasurer  for  the  payment  of 
forty  five  pounds  within  one  year  with  Interest,  provided  it  doth 
not  interfere  with  any  former  Grant,  or  the  improvement  of  any 
other  person.     \_Passed  January  14. 


CHAPTER    75. 

RESOLVE  IMPOWERING  SAM"-  PHILLIPS  SAVAGE,  GUARDIAN,  TO  JOIN 
WITH  OTHER  HEIRS  TO  SELL  REAL  ESTATE  AND  MAKING  PROVI- 
SION IN   REGARD   TO   THE  PROCEEDS. 

Eefords'of  the       ^  PETITION  of  Samuel  Philips  Savage  of  Weston  Guardian  of 
Council,  xxix.,  Charlotte  Tyler  a  minor  and  daughter  of  Thomas   Tyler  late  of 

^— Boston  deceased     Setting  forth     That  the  said  Thomas,  who  died 

Si"pp!'i5M57,  Intestate,  at  his  decease  left  in  Real  Estate  a  House  in  Boston,  a 
166.'  small  Farm  in  the  Town  of  Pomphret  in  the  Colony  of  Connecticut, 

and  a  small  piece  of  Land,  on  which  there  is  an  old  House,  in  the 
Town  of  Concord ;  neither  of  which  can  be  divided  without  great 
loss  and  damage  to  the  said  Charlotte  as  well  as  to  the  other  Heirs 
of  the  said  Thomas.  And  praying  that  he  may  have  liberty  to  join 
with  the  other  Heirs  in  the  sale  of  the  premises. 

It  appearing  that  the  within  named  Charlotte  Tyler  the  minor  is 

non  compos  aud  in  all  probability  will  never  be  aMe  to  make  any 

improvement  of  her  share  in  the  Estate  therein  mentioned ;  whefore 

Resolved  that  the  Petitioner  Samuel  Phillips  Savage  be  and  he 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  659 

accordingly  is  hereby  fully  inijiowered  to  join  with  the  other  Heirs 
in  said  Petition  mentioned  in  the  sale  of  all  the  Real  Estate  in  this 
Province  belonging  to  his  said  Ward  mentioned  in  said  Petition, 
and  make  and  execute  a  good  and  sufficient  Deed  or  Deeds  of  his 
said  Wards  share  thereof;  provided  he  shall  first  give  sufficient  secu- 
rity to  the  Judge  of  Probate  for  the  County  of  Suffolk  that  the  pro- 
ceeds of  the  sale  of  that  part  which  belongs  to  the  said  Charlotte 
shall  be  put  to  interest  and  shall  be  applied  for  her  support  in  such 
manner  as  said  Judge  of  Probate  or  his  successors  shall  direct,  and 
that  if  there  shall  be  any  of  the  proceeds  of  said  sale  or  interest 
thereof  not  so  expended  at  her  decease  that  the  same  shall  be  paid 
to  her  legal  Heirs  in  such  proportion  as  they  could  inherit  in  case 
the  same  had  not  been  sold.     \^Passed  Jamuiry  14. 


CHAPTEE    76. 

RESOLVE  REFERRING  REPORT  OF  COMMITTEE   ON   RUNNING  THE   LINE 
FROM  ACCORD   POND   TO  ANGLE   TREE. 

The  Committee  appointed  by  this  Court  the  last  Session  to  run  Legislative 
the  Line  from  Accord  pond  to  Angle  Tree,  have  attended  that  ser-  counctf  x*x\x* 
vice,  having  first  duly  notified  all  parties  concerned  of  the  time  and  384.      '   "  ' '' 
place  of  meeting,  proceeded  to  Hingham  at  the  time  appointed  with  Maps  and 
iP  John  Child  the  Surveyor  appointed  by  this  Court  to  run  said  Su^^i^'HouBe 
Line  and  there  heard  the  parties:  Then  your  Committee  repaired  Journal, p.  155. 
to  a  monument  of  Stones  standing  on  the  westerly  side  of  said  Pond  Laws,  v.,  273, 
nearly  opposite  to  the  center  thereof,  which  monument  all  parties  Smpiss-'x^f' 
agreed  to  be  the  monument  from  wliich  your  Committee  should  take  ^f\'^^^^i}}'^- 
their  departure ;  that  being  done  your  Committee  agreed  to  run  a  chap'.  56.    ' 
certain  point,  namely.  West  twenty  two  degrees  and  an  half  South 
to  the  Bay  Road,  so  called,  in  Bridgwater,  which  point  they  run 
measuring  at  certain  stations  the  distances  they  run  from  the  line 
made  by  Col"  Thaxter  and  Cajo'  Thomson  in  seventeen  hundred  and 
thirteen  and  twenty  five ;  When  your  Committee  had  run  to  the  Bay 
Road  aforesaid,  they  rode  to  the  tree  called  Angle  Tree,  standing 
between  Attleborough  and  Wrentham,  which  tree  was  the  only  tree 
'  any  person  would  undertake  to  shew  to  your  Committee  as  Angle 
Tree.  From  which  tree  your  Committee  agreed  and  run  East  twenty 
degrees  and  a  quarter  north  down  to  the  Bay  Road  aforesaid,  observ- 
ing the  distance  they  run  from  sundry  monuments  said  to  be  made 
by  Col"  Thaxter  and  Caf)'  Thomson  in  the  line  run  in  seventeen  hun- 
dred and  thirteen.  By  means  of  which  your  Committee  find  to  run 
from  the  monument  aforesaid  at  Accord  pond  West  twenty  degrees 
and  an  half  South  will  lead  on  to  many  of  the  bounds  said  to  be 
made  by  Col"  Thaxter  and  Cap'  Thomson  on  tlie  line  run  in  the 
year  Seventeen  hundred  and  thirteen  and  strike  the  Tree  aforesaid 
called  Angle  tree.   And  your  Committee  are  of  opinion  that  the 
return  of  the  doings  of  the  Committee  in  tlie  year  sixteen  hundred 
and  sixty  four  is  vague  and  uncertain,  and  that  the  line  run  in 
Seventeen  hundred  and  twenty  five  is  inconsistent,  and  your  Com- 
mittee are  further  of  the  opinion  the  line  run  in  the  year  Seventeen 
hundred  and  thirteen  is  the  only  line  that  has  been  properly  run 
out  and  marked    all  which  is  humbly  submitted 

Artemas  Ward  ^  Order 


660 


Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  77,  78.] 


In  Council.  The  aforewritten  report  being  read, 

Ordered  that  James  Otis,  Walter  Spooner  and  Caleb  Gushing 
Esq"  with  such  as  may  be  joined  by  the  hon"'  House,  be  a  Com- 
mittee to  take  the  same  into  consideration,  hear  the  parties,  who 
are  now  attending  for  that  purpose,  and  report  what  they  think 
proper  this  Court  should  do  thereon. 

Ill  the  House  of  Eepresentatives,  Read  and  nonconcurred  and 

Resolved  that  the  consideration  of  the  aforewritten  report  be 
referred  to  Wednesday  the  27""  instant  at  eleven  'oClock  a.m,  the 
parties  then  to  be  heard  in  person  or  by  Council  before  the  whole 
Court  upon  the  subject  matter  of  said  report. 

In  Council,  Read  and  Concurred.      \^Passed  January  14, 


CHAPTEE    77. 

ORDER  ON  THE   PETITION   OF  WILLIAM   HICKLING  AND   JOSEPH  GREEN 
SUSPENDING  THE  EXECUTION   ON  A   WRIT  OF  SCIRE   FACIAS. 


Legislative 
Records  of  the 
Council,  xxix., 

387. 

Legislative 
Records  of  the 
Council,  xxix., 
380.    House 
Journal,  pp.  93, 
96  bis,  153, 159. 
Ante,  p.  643, 
cbap.  61. 


The  Committee  appointed  the  IS""  instant  on  the  Petition  of 
William  Hicklingand  Joseph  Greene  [^aiite,  p.  643,  chap.  51],  made 
report;  whereupon  the  following  Order  passed  viz' 

Ordered  that  the  prayer  of  the  said  Petition  be  so  far  granted  as 
that  the  Execution  of  the  Writ  of  Scire  facias  in  the  said  Petition 
mentioned  be  further  suspended  until  the  Review  of  the  action  in 
said  Petition  mentioned ;  provided  the  same  be  at  the  next  Sui^erior 
Court  of  Judicature  Court  of  assize  and  General  Goal  delivery  to  be 
holden  at  Falmouth  within  and  for  the  County  of  Cumberland  on 
the  Tuesday  next  following  the  fourth  Tuesday  of  June  next;  pro- 
vided also  that  this  suspension  shall  by  no  means  be  construed  or 
be  understood  to  discharge  the  Bail,  but  that  he  to  all  intents  and 
purposes  shall  be  as  much  holden  as  if  said  Court  had  continued 
the  said  action  on  the  Scire  facias  till  Judgment  had  been  given  on 
the  Review.     \^Passed  January  15. 


CHAPTEE    78, 


ORDER    ESTABLISHING   THE   BOUNDARY   LINE   BETWEEN  THE   1^ 
PARISHES   IN   FALMOUTH,  CUMBERLAND    COUNTY. 


Legislative 
Records  Of  the 
Council,  xxix., 
294,  3S8. 

Legislative 
Records  of  the 
Council,  xxix., 
381.    House 
Journal, 
pp.  6»  bis,  V>^, 
160, 161.    Prov- 
ince Laws, 
xvii.,  614,  chap. 
242. 


A  Petition  of  John  Bracket  and  others  a  Committee  in  behalf 
of  the  third  Parish  in  Falmouth  in  the  County  of  Cumberland, 
otherwise  called  the  fourth  Parish  in  said  Town  Setting  forth  That 
the  first  Parish  in  said  Town  at  a  meeting  legally  held  on  the  28 
of  March  1764  voted,  "  That  all  the  Land  belonging  to  the  said  first 
Parish  beyond  and  to  the  Westward  of  the  narrow  of  the  neck  from 
the  fore  River,  at  the  round  marsh,  over  to  back  cove  Creek  and 
down  said  Creek  to  back  Cove  Bridge  and  between  the  second  and 
third  Parishes  to  the  head  of  the  Township  be  divided  in  the  middle, 
that  is  the  foot  line  in  the  middle  and  the  head  line  in  the  middle, 
and  that  all  the  Land  to  the  Southward  and  Westward  of  said 
boundaries  be  for  a  fourth  Parish  and  that  all  those  persons  that 
live  to  the  westward  of  said  dividing  line  and  desire  to  be  of  the 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  661 

first  Parish  and  shall  signify  the  same  to  the  Clerk  of  the  said  first 
Parish  in  writing  in  twelve  months  they  and  their  Estates  to  be  & 
remain  to  the  first  Parish,  and  all  those  persons  that  desire  to  be 
of  the  fourth  Parish  and  shall  signify  the  same  in  writing  to  the 
Clerk  of  the  said  first  Parish  in  twelve  months,  they  and  their 
Estates  to  be  and  remain  to  the  fourth  Parish  "  That  the  Peti- 

tioners afterwards  presented  a  Petition  to  the  General  Court  pray- 
ing to  be  Incorjaorated  into  a  Parish  agreable  to  the  said  Vote  of 
the  first  parish  and  were  accordingly  incorporated  by  the  name  of 
the  fourth  Parish,  but  not  agreable  to  the  bounds  set  forth  by  the 
said  vote,  whereby  they  are  deprived  of  many  Families,  and  a  large 
tract  of  improved  Land,  for  by  the  act  of  Incorporation  the  north- 
erly side  line  of  said  fourth  Parish  begins  at  the  Bridge  on  back 
cove  Creek,  not  at  the  middle  of  the  foot  line,  mentioned  in  the 
said  Vote,  as  it  ought  to  have  done.  And  praying  that  the  said 
northerly  side  line  may  be  removed  and  fixed  agreable  to  the  vote 
aforementioned  That  by  the  act  aforesaid,  it  is  enacted  that  all 
Persons  who  should  give  in  their  names  to  the  Clerk  of  the  said 
first  Parish  agreable  to  the  vote  of  the  said  Parish,  should  with 
their  Estates  be  of  the  first  and  fourth  Parishes  respectively ;  which 
does  not  extend  to  the  Heirs  and  assigns  of  persons  thus  giving  in 
their  names,  but  is  confined  to  such  persons  only  and  further  pray- 
ing that  it  may  be  enacted  that  the  Heirs  &  assigns  of  all  such  per- 
sons as  have  given  in  their  names  as  aforesaid  shall  be  and  remain 
of  the  said  fourth  Parish,  and  that  their  Children  and  Servants 
residing  with  them  be  held  to  pay  Eates  to  the  said  Parish. 

[Read  and] 

Ordered  that  the  foot  line  mentioned  in  the  vote  of  the  first  Parish 
for  setting  off  the  said  third  parish,  ought  to  extend  no  farther  than 
from  the  fore  River  to  back  Cove  Bridge  and  from  thence  in  a  strait 
line  to  Staples  point,  and  that  the  dividing  line  between  the  said 
Parishes  for  the  future  shall  begin  at  the  middle  of  the  foot  line 
aforesaid,  and  from  thence  extend  in  a  strait  line  to  the  middle  of 
the  head  line  of  the  first  &  third  Parishes,  and  that  all  those  per- 
sons of  the  first  Parish  that  are  included  by  said  line  within  the 
third  Parish,  that  were  not  included  in  it  by  the  former  divisional 
line,  have  liberty  within  twelve  months  to  return  their  names  to 
the  Clerk  of  either  of  the  said  Parishes  signifying  to  which  of  the 
said  Parishes  their  polls  and  Estates  and  their  successors  on  said 
Estates  shall  for  the  future  belong,  and  that  the  liberty  given  to 
the  Inhabitants  within  the  first  Parish  at  the  Incorporation  of  the 
third  Parish  to  return  their  names  within  twelve  months  to  the 
Clerk  of  said  first  Parish,  signifying  to  which  of  said  Parishes  their 
polls  and  Estates  should  belong  for  the  future,  shall  extend  to  their 
successors  on  said  Estates.     [Passed  January  15. 


CHAPTER    79. 

RESOLVE  ALLOWING   £21   TO   SAMUEL  BERRY.  Legislative 

Records  of  the 

A  Petition  of  Samuel  Berry  of  Lynn     Praying  that  the  sum  of  sss.  Mass. 
Sixty  pounds  which  he  advanced  for  necessaries  for  the  Troops  in  txxx.Jm. 
the  Expedition  Westward  in  the  year  1761,  may  be  reimbursed  him  Mass! 
out  of -the  public  Treasury.  ^'^'''^'^IIq 


662  Province  Laws  {Resolves,  etc.).  — 1772-73.      [Chap.  80.] 

na7pp/r5?i08,        [Read  and] 

155,"  W.'  Prov-  Resolved  that  the  Sum  of  Twenty  one  pounds  be  paid  out  of  the 
xvi!,  raTcliap.  publick  Treasury,  to  the  petitioner  in  full  consideration  of  the  Ex- 
•^56-  pences  in  his  petition  mentioned.      \^Passed  January  15. 


CHAPTER    80. 

RESOLVE  IMPOWERING  DAVID  STOCKBRIDGE,  EXECUTOR,  TO  SELL  REAL 
ESTATE  AND  MAKING  PROVISION  IN   REGARD   TO  THE   PROCEEDS. 

Eecords'onhe       ^  PETITION  of  Peleg  Bryant  of  Scituate,  Joshua  Lincoln  of  Broad 
Council,  xxix.,  Bay  and  Ann  his  Wife,  and  Nathaniel  Clap  of  Scituate  Esq'  Guar- 

^ dian  of  Martha  Bryant  a  minor;  which  said  Peleg,  Ann  and  Martha 

?ai"pp^i55fi57,  ^'"^  ^^^  ^'^^y  surviving  Children  of  Peleg  Bryant  late  of  said  Scituate 
158.'  ProThioe'  Gen'  deceased  and  the  only  Heirs  to  the  Estate  of  Edward  Bryant 
chap.'io."'  '  late  of  said  Scituate  a  minor  deceased  Setting  forth  That  the  said 
deceased  Peleg  Bryant  in  his  last  Will  and  Testament  gave  certain 
Lands  to  his  Son  the  said  Edward  and  also  a  small  Personal  Estate 
and  ordered  that  all  his  just  debts,  funeral  charges.  Legacies  and 
expence  of  settling  his  Estate,  should  be  paid  by  his  Executor  out 
of  that  part  of  his  Estate  devised  to  the  said  Edward  That  the 
debts  already  exhibited  against  the  Estate  of  the  said  Peleg  amount 
to  about  £430  lawful  money,  and  that  the  demands  are  not  all 
brought  in  That  the  said  Edward  expended,  in  his  long  sickness, 
near  all  his  Personal  Estate.  And  praying  that  the  Executor  of  the 
Will  of  the  said  Peleg  Bryant  may  be  impowered  to  make  sale  of 
the  whole  of  the  Real  Estate  of  the  said  Edward  for  the  purpose 
aforesaid;  they  apprehending  it  will  be  much  better  for  the  Heirs 
than  to  sell  so  much  only  as  to  enable  the  said  Executor  to  pay  the 
said  debts. 
Read  and 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that 
David  Stockbridge  Esq'  Executor  of  the  last  Will  and  Testament 
of  the  said  Peleg  Bryant  deceased,  be  and  he  is  hereby  impowered 
to  make  sale  of  the  whole  of  the  Real  Estate  of  the  said  Edward 
Bryant  deceased  for  the  most  the  same  will  fetch,  and  to  make  and 
execute  a  good  deed  or  deeds  of  the  same  to  the  purchaser  or  pur- 
chasers thereof  and  pay  off  all  the  just  debts,  Legacies,  funeral 
charges  and  the  cost  of  settling  the  Estate  of  the  said  Peleg  Bryant 
deceased ;  he  observing  the  direction  of  Law  relating  to  the  sale  of 
Real  Estates  by  Executors  &  administrators  and  giving  caution  to 
the  Judge  of  Probate  for  the  County  of  Plymouth  tliat  the  pro- 
ceeds arising  by  said  sale  be  applied  for  the  payment  of  the  afore- 
said debts.  Legacies  &c,  and  that  the  remainder,  if  any  there  be, 
be  to  and  for  the  use  of  the  Heirs  of  the  deceased  as  they  could 
inherit  by  Law  in  case  the  said  Land  had  not  been  sold  as  aforesaid. 
[Passed  January  15. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  663 


CHAPTER    81. 

RESOLVE  ANNEXING   CERTAIN   LAND   OF  JOHN  "TATMAN   TO   THE  TOWN 
OF   WORCESTER. 

A  Petition  of  John  Tatman  of  Worcester    Setting  forth,  That  Legislative 
on  the  5  day  of  April  1743  the  General  Court  was  pleased,  on  the  councif,  xxix., 


Petition  of  Ephraim  Curtis,  Jabez  Tatman,   Mathias  Rice,   Tim°  ^ 


Green,  John  Barber,  Daniel  Boyden  and  Jonas  Woodward,  tlien  ^9"^®"',°,'i'';„, 

-,.-,.  -I     •  1     .  /-,  i.    T  T     1     •  1         nal,  pp.  156,  Ibl. 

dwelling  on  and  interested  m  a  Gore  of  Land  lying  between  the  Province 
Towns  of  Worcester  and  Sutton,  to  annex  them  and  their  Lands  to  notef'xiii^faia, 
the  said  Town  of  Worcester     That  at  tliat  time  William  Jennison  <^'i*p-  '■^''*- 
Esq',  now  deceased,  owned  sixteen  acres  and  an  half  of  Land  lying 
in  said  Gore,  now  owned  by  the  Petitioner,  and  is  encompassed  by 
the  Lands  aforementioned,  which  was  not  annexed  to  said  Worces- 
ter. And  praying  that  the  said  sixteen  acres  and  an  half  of  Land 
may  be  annexed  to  Worcester. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
sixteen  acres  and  an  half  of  Land  mentioned  in  said  Petition  be 
annexed  to  the  Town  of  Worcester  and  subjected  to  be  Taxed  there,  ' 

and  in  every  respect  under  the  jurisdiction  of  said  Town  as  other 
Lands  in  said  Town  are.     {^Passed  January  16. 


CHAPTER    82. 


ORDER  SETTING   OFF    JOSEPH    BLODGET    AND    HIS    ESTATE    FROM   THE 
EAST  TO   THE   WEST   PARISH   IN   SOUTH   BRIMFIELD. 

A  Petition  of  Joseph  Blodget  and  Samuel  Blodget  of  the  Dis-  Legislative 
trict   of  South   Brimfield   in   the   County  of  Hampshire     Setting  coSnc'ir,  xx'ix*:, 
forth     That  it  was  the  intention  of  the  said  District,  and  the  Peti-  8ii^ji«/ ' 


tiouers  apprehend  the  intention  also  of  the  General  Court  (in  the  Legislative 

act  for  dividing  the  said  District)  the  said  Joseph  with  his  home  councu°,x*x\x^, 

Farm  should  be  included  in  the  West  Parish ;  but  that  the  expres-  j^^u^iS,''",^^  ^g' 

sions  in  the  said  act,   "the  said  Joseph  and  his  homelot,"  have  83, 159,  les. '    ' 

caused  a  dispute  to  arise,  whether  all  his  Farm  is  included  in  the  Eaws'"*^.,  857, 

West  Parish,  as  the  Farm  was  not  all  laid  out  at  one  time,  altho'  "'^is/^^h '"^"il' 

it  lies  in  one  piece.  And  praying  an  explanation  of  the  said  act.    And  ^'     *''  ^P' 

also  setting  forth.  That  the  said  Joseph  has  settled  his  Son  the  said 

Samuel  on  part  of  the  said  Farm  (but  has  not  given  him  a  title 

thereto)  and  the  said  Samuel  has  ever  since  his  settlement  paid 

Taxes  to  the  West  Parish,  supposing  that  he  belonged  there,  but, 

as  his  House  stands  on  that  part  of  the  Farm  included  in  the  second 

Survey,  altho  the  greatest  part  of  his  improvements  are  on  the  first 

Survey,  the  said  East  Parish  suppose  he  belongs  there,  and  have 

Taxed  him  for  two  or  three  years  past  and  distrain'd  therefor.  And 

praying  that  this  Court  would  determine  to  which  Parish  the  said 

Samuel  belongs;  and  if  it  should  be  determined  that  he  belongs  to 

the  East  Parish,  that  then  he  and  the  Land  he  lives  upon  may  be 

set  ofE  to  the  West  Parish. 

[Read  and] 

Ordered  that  all  the  Lands  belonging  to  Joseph  Blodget,  lying 


664:  Province  Laws  (i?esoZws,  e<c.).  — 1772-73.     [Chap.  83.] 

together  in  one  body,  whereon  he  and  his  Son  Samuel  now  dwell, 
be  set  off  from  the  East  Parish  in  South  Brimfield  and  annexed  to 
the  west  Parish  within  the  same,  there  to  do  duty  and  receive  priv- 
ilege for  the  future.     [Passed  January  19. 


CHAPTER    83. 

RESOLVE   SETTLING  THE    LINE    OF    JURISDICTION    BETWEEN    SHREWS- 
BURY AND   GRAFTON. 

RlTOrds'of  the       ^^  "^^^  PETITIONS  of  the  agents  of  the  Towns  of  Shrewsbury 
Council,  xxix.,  and  Grafton 

^~ •      Resolved  that  the  line  of  Jurisdiction  between  the  said  Towns 

Si^pp.'usfies,  shall  be  hereafter  as  followeth  viz'  begining  at  a  double  maj)le  tree 
164.  by  the  River  called  long  pond  River,  and  from  thence  runing  north 

seven  degrees  East  twenty  five  rods  to  a  white  Oak  tree,  then  East 
fourteen  degrees  north  one  hundred  and  twenty  one  rods  to  a  heap 
of  Stones,  then  north  one  degree  and  thirty  minutes  West  sixty  two 
rods  to  a  maple  tree,  then  East  seven  degrees  South  seventy  five 
*  rods  and  an  half  to  an  ash  tree,  then  South  ninety  three  rods  to  a 

heap  of  Stones,  then  West  twenty  seven  degrees  South  thirty  rods 
to  a  heap  of  Stones,  then  South  three  degrees  East  eighty  nine  rods 
to  a  white  Oak  tree  but  to  be  a  curve  line  to  the  East  runing  between 
Rands  and  Arnolds  Land  to  a  white  Oak,  then  East  one  degree  north 
one  hundred  and  forty  rods  to  a  heap  of  Stones,  then  East  forty 
three  degrees  north  forty  eight  rods  to  a  pitch  pine,  then  East  thirty 
seven  degrees  north  forty  six  rods  to  a  Stake  and  Stones,  then  South 
sixty  nine  degrees  East  thirty  two  rods  to  a  white  Oak  tree,  then 
north  eight  degrees  East  thirty  four  rods  to  a  poplar  tree,  then  thirty 
two  rods  a  curve  line  to  the  East  between  Knowltons  &  Cutlers  Land 
to  a  Birch  tree,  then  north  fifteen  degrees  West  twelve  rods  to  a 
poplar  tree,  then  north  four  degrees  East  thirty  nine  rods  to  a 
maple  tree,  then  north  thirty  one  degrees  East  nine  rods,  then  East 
seven  degrees  South  twenty  rods  to  a  walnut  tree,  then  South  twenty 
nine  rods  to  a  Tree,  then  East  two  degrees  South  seventy  nine  rods 
to  a  heap  of  Stones,  then  north  five  degrees  East  forty  five  rods  to 
a  heap  of  Stones,  then  East  eight  degrees  north  eighty  four  rods 
to  a  black  Oak  tree,  then  north  fifteen  degrees  West  thirty  six  rods 
to  a  heap  of  Stones,  then  East  thirteen  degrees  north  forty  four 
rods  to  a  white  Oak  tree,  then  South  four  degrees  West  seventy 
four  rods,  then  East  thirty  six  degrees  South  forty  three  and  half 
rods  to  a  heap  of  Stones,  then  north  twenty  seven  degrees  East  forty 
two  rods  to  a  heap  of  Stones,  then  East  twenty  two  degrees  north 
thirty  four  rods  to  a  heap  of  Stones,  then  South  seventeen  degrees 
East  thirty  six  rods  to  a  heap  of  Stones,  then  East  twenty  seven 
degrees  South  six  rods  to  a  white  Oak  tree,  then  north  forty  seven 
degrees  East  twenty  two  rods  to  a  heap  of  Stones,  then  north  thir- 
teen degrees  East  one  hundred  and  two  rods  to  a  white  Oak  tree  a 
corner  of  Westborough.     [Passed  January  19. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  665 


CHAPTEE    84. 

RESOLVE   IMPOWERING  THO**  NICHOLS   AND   PATIENCE   HIS    WIFE    TO 
SELL  REAL  ESTATE. 

A  Petition  of  Thomas  Nichols  of  Natick  a  free  negro  man    Set-  Legislative 
ting  fortli     That  he  liatla  lately  purchased  a  plantation  in  Natick  councif,  xxix!, 
containing  near  eighty  acres  of  Land  with  a  dwelling  house  thereon  "' ' 


and  many  good  accommodations;  that  he  has  lately  intermarried  nai"^'' "'j'^g^'igs 
with  one  Patience  Terry  an  Indian,  native,  of  said  Natick  who  had  lei.' 
legally  heretofore  piirchased  the  following  tracts  of  Land,  situate 
in  said  Natick,  which  Lands  the  Petitioner  paid  for,  but  the  Deed 
was  given  in  his  Wifes  name  viz'  the  first  lot  containing  about  forty 
acres,  the  second  lot  about  eleven  acres  more  or  less,  the  third  thirty 
five  and  the  fourth  lot  between  seventy  and  eighty  acres;  of  which 
last  mentioned  tract  the  Petitioner  claims  only  one  sixth  part  That 
he  is  considerably  in  debt  for  the  purchase  of  his  plantation  afore- 
said and  otherwise.  And  praying  that  he  may  be  impowered  to  sell  • 
the  four  pieces  of  Land  aforesaid,  which  lie  scattering  to  enable  him 
to  pay  his  just  debts  and  to  purchase  some  Stock  and  Tools  for  his 
plantation  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner,  together  with  his  Wife  Patience  be  and  hereby  are  im- 
powered to  sell  the  several  Tracts  of  Land  in  the  Petition  mentioned, 
and  to  make  and  execute  a  good  deed  or  deeds  thereof  in  Law  to 
the  purchaser  or  purchasers  of  the  same.     [Passed  January  19. 


CHAPTEE    85. 

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

A  Petition  of  John  Haskell  administrator  of  the  Estate  of  Nathan  Legiaiative 
Freeman  late  of  Hardwick  in  the  County  of  Worcester  Housewright  councff  xxS^ 
deceased     Setting  forth  That  by  an  account  of  his  administration  394. 
on  the  said  deceaseds  Estate  settled  with  the  Judge  of  Probate,  it  House  Jour. 
appears  that  he  is  in  advance  the  sum  of  £50.13.7  That  the  said  ?66.' ''^rovl'nce ' 
deceased  died  siezed  of  a  Real  Estate  in  said  Hardwick  apprized  ^jf^'VJ-  ^^'' 
at  two  hundred  and  twenty  six  pounds  thirteen  shillings  and  four 
pence  containing  about  thirty  five  acres  of  Land  with  Buildings 
thereon     That  if  such  part  of  the  Estate  was  sold  as  would  be  suffi- 
cient to  pay  the  Petitioner  the  sum  in  advance  as  aforesaid,  it  would 
spoil  the  remainder.  And  praying  that  he  may  be  impowered  to 
make  sale  of  the  whole  of  the  Real  Estate  aforesaid ;  the  proceeds 
of  such  sale  to  be  applied  for  the  payment  of  the  said  sum,  and  for 
the  benefit  of  the  Widow  and  five  small  Children  of  the  said  deceased. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  the  Petitioner 
is  hereby  impowered  to  sell  the  Real  Estate  in  the  Petition  men- 
tioned, and  make  and  execute  a  good  and  sufficient  deed  or  deeds 
of  the  same  to  the  purchaser  or  purchasers,  he  observing  the  direc- 
tions of  the  Law  for  selling  Real  Estates  by  Executors  and  admin- 


666  Province  Laws  (Resolves,  etc.).  — 1772-73.     [Chaps.  86,  87.] 

istrators  and  giving  security  to  the  Judge  of  Probate  for  tlie  County 
of  Worcester  that  one  third  of  the  proceeds  of  the  sale  thereof  be 
on  Interest,  and  the  Interest  allowed  the  Widow  of  the  said  Nathan 
Freeman  annually  in  lieu  of  her  dower  in  said  Estate,  and  the  other 
two  thirds  after  the  discharge  of  all  just  debts  and  necessary  charges 
be  paid  to  the  Guardian  of  the  minors,  Heirs  to  said  Estate,  to  be 
by  him  improved  for  their  benefit,  the  same  together  with  the  first 
mentioned  third  after  the  decease  of  the  Widow,  to  be  paid  to  the 
several  Heirs  at  such  times  and  in  such  proportion  as  they  might 
have  inherited  said  Real  Estate  in  case  the  same  had  not  been  sold. 
[Passed  January  19. 


CHAPTEE    86, 


RESOLVE  IMPOWERING  EPH"  ABBOT,  ADM=    TO  SELL  REAL  ESTATE  AND 
MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

Legislative  \  PETITION  of  Ephraim  Abbot  administrator  of  the  Estate  of  his 

Council,  xxix.,  Father  Samuel  Abbot  late  of  Sudbury  deceased  intestate,  and  of 

^— Abigail  the  Widow,  and  John,  Samuel,  Sarah  and  Abigail  the  Chil- 

na'i^pp'^'es^ies  ^^^^  "^  ^^^  deceased     Setting  forth     That  they,  with  three  others 
Province  '       "who  are  minors,  are  the  lawful  Heirs  of  the  said  Intestates  Eeal 
chap!'io.''  ^  '     Estate  in  Sudbury,  which  has  been  apprized  at  £230     That  the 
Heirs  are  not  willing  to  have  their  respective  shares  set  ofE  to  them, 
nor  is  either  of  them  able  to  take  the  whole  and  pay  the  others  their 
proportion  thereof  in  money.  And  praying  that  the  said  administra- 
tor may  be  impowered  to  make  sale  of  the  whole  of  the  said  Real 
Estate  for  the  benefit  of  the  Heirs. 
[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  the  said  Ephraim 
is  hereby  impowered  to  make  sale  of  the  Real  Estate  in  the  Petition 
mentioned,  and  make  and  execute  a  good  and  sufScient  deed  or 
deeds  of  the  same  to  the  purchaser  or  purchasers,  he  observing  the 
directions  of  the  Law  of  the  sale  of  Real  Estates  by  Executors  and 
giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  that  the  Interest  of  one  third  of  the  proceeds  be 
allowed  the  Widow  annually  in  lieu  of  her  dower  in  said  Real  Estate, 
and  that  the  remainder  be  paid  to  the  Heirs,  together  with  said 
third  at  such  times  and  in  such  proportion  as  they  might  have 
inherited  said  Real  Estate  in  case  the  same  had  not  been  sold. 
[Passed  January  19. 


CHAPTER    87. 

RESOLVE   ALLOWING  £60   TO  NATHAN   THOMPSON. 

Legislative  A  PETITION  of  Nathan  Thompson     Setting  forth,  That  in  the 

Councif,  xxix!,  year  1755  he  inlisted  himself,  as  a  private,  in  Cap'  Whipple's  Com- 
Arcbi^es?'  P^ny  in  Col°  Titcombs  Regiment,  and  at  the  Battle  near  Lake  George 
ixxx.,  707.  ^as  wounded  in  such  a  manner  as  has  rendered  him  unable  to  get 
HouBeJour-  his  subsistence  in  the  common  way  of  life,  having  a  Wife  and  nine 
nai.p.  155.  Children.  That,  being  now  an  Inhabitant  of  Connecticut,  he  has 
applied  to  the  assembly  of  that  Colony  for  relief,  but  was  refused 


[2d  Sess.]     Provinck  Laws  {Resolves,  etc.).  — 1772-73.  G67 

because  he  received  his  wound  in  the  service  of  this  Province.  And 
praying  that  he  may  be  allowed  a  Pension  from  this  Government. 

[Read  and] 

Resolv^  that  there  be  Granted  and  paid  Oute  of  the  Publick  Treas"' ' 
to  Nathan  Thomson  a  Wounded  Soldier:  Wounded  In  the  Expedi- 
tion to  Crown  point  in  the  Year  1755  in  the  Service  of  this  Govern- 
ment Sixty  pounds  in  full  Satisfaction  for  his  Sufferings  as  meutiond 
in  the  above  Petition.     \_Passed  January  19. 


CHAPTEK    88. 

RESOLVE  WITH   NOTICE  AND  STAY    OF   EXECUTION    ON    THE    PETITION 
OF   COONROD   BORGHARDT  FOR  NEW  TRIAL   OF   AN    ACTION. 

A  Petition  of  Coourod  Borghardt  of  Great  Barrington  in  the  Legislative 
County  of   Berkshire     Setting  forth     That  Jeremiah   Hogoboom  c^unclf,  x x\^. 

of  Claverack  in  the  County  of  Albany  Esq"'  commenced  an  action  ^^ 

against  the  Petitioner  for  the  partition  of  divers  pieces  of  Real  House  Jour- 
Estate,  described  in  the  Writ,  and  at  an  Inferior  Court  of  Common  °'''PP-  • 
pleas  held  within  and  for  the  said  County  of  Berkshire,  Judgment 
passed  against  the  Petitioner  for  the  partition  demanded ;  whereupon 
he  ajDpealed  to  the  Superior  Court  held  at  Springfield  in  Septem"' 
last,  at  which  time  he  was  so  indisposed  in  body  that  he  was  unable 
to  attend  the  said  Court  in  person.  That  he,  being  a  Dutchman  and 
unacquainted  with  the  practice  of  Courts,  did  not  advance  the  money 
for  the  Jurys  fees,  and  no  person  appearing  to  pay  the  same,  he  was 
nonsuited ;  by  means  whereof  he  will  be  a  great  sufferer,  unless  re- 
lieved by  this  Court.  And  praying  that  he  may  be  allowed  a  new 
Trial  of  the  said  cause,  and  that  Execution  on  the  said  Judgment 
may  be  staid. 

[Read  and] 

Resolved  and 

Ordered  that  the  Petitioner  notify  the  said  Jeremiah  Hogoboom 
by  serving  him  with  an  attested  Copy  of  this  Petition  and  Order  to 
appear  and  shew  cause,  if  any  he  has,  on  the  second  Wednesday  of 
the  next  Session  of  the  General  Court  why  the  prayer  should  not 
be  granted,  and  that  Execution  be  staid  in  the  mean  time.  \_Passed 
January  19. 


CHAPTER    89. 

RESOLVE    IMPOWERING    ELIZ"    GOOLD,   ADJF,   TO    SELL    REAL    ESTATE 
AND   MAKING  PROVISION  IN  REGARD   TO   THE  PROCEEDS. 

A  Petition  of  Elizabeth  Goold  Widow  of  the  late  Henry  Goold  ^^sisiative 

I./-1  1  IT'.  •  T'T-i  n-  PI       ml         Records  or  the 

01  Concord  and  administratrix  on  his  Estate     Setting  forth,  That  Council,  xxix , 

the  personal  Estate  of  the  said  deceased  is  insufficient  to  pay  his  ^— 

just  debts     That  it  will  be  detrimental  to  the  Real  Estate  to  sell  na^uppl'isMeT. 
only  part  thereof.  And  praying  that  she  may  be  impowered  to  make  Province  ' 
sale  of  the  whole  of  the  said  deceaseds  Real  Estate  to  enable  her  to  chap.'io."'     ' 
pay  his  debts  &c 
[Read  and] 

■  Sic. 


668  Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chaps.  90-92.] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  she  is  hereby  impowered  to  make  sale  of  the  whole 
of  the  Real  Estate  referred  to  in  the  Petition,  and  make  and  execute 
a  good  and  sufficient  deed  or  deeds  of  the  same  to  the  purchaser  or 
purchasers,  she  observing  the  rules  and  directions  of  the  Law  for 
the  sale  of  Eeal  Estates  by  Executors  and  administrators  and  giving 
sufficient  security  to  the  Judge  of  Probate  for  the  County  of  Mid- 
dlesex that  one  third  of  the  proceeds  of  said  sale  be  on  Interest  for 
the  use  of  the  Petitioner  in  lieu  of  her  dower  in  said  Estate,  and 
the  remainder  after  paying  debts  and  charges  be  improved  for  the 
use  of  the  Heirs  to  said  Estate,  and  the  same  (together  with  the 
third  abovementioned  after  the  petitioners  decease)  be  paid  to  the 
Heirs  to  said  Estate  at  such  times  and  in  such  proportions  as  they 
might  have  inherited  said  Real  Estate  in  case  the  same  had  not 
been  sold.     [Passed  January  21. 


Legislative 
Records  of  the 
Council,  xxix., 
400.    Mass. 
Archives, 
xliv.,  726. 

House  Jour- 
nal, p.  168. 


CHAPTEE    90. 

RESOLVE   ALLOWING   £300  TO  THE   CHIEF  JUSTICE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury  to  the  honorable  Peter  Oliver  Esq'  Chief  Justice 
of  the  Superior  Court  of  Judicature,  Court  of  Assize  and  General 
Goal  Delivery  the  Sum  of  Three  Hundred  Pounds  for  the  faithful 
Discharge  of  his  Trust  for  one  Year,  ending  the  first  of  January 
instant.     {^Passed  January  22. 


Legislative 
Records  of  the 
Council,  xxix., 
401.    Mass. 
Archives, 
xliv.,  730. 

House  Jour- 
nal, p.  168. 


CHAPTER    91. 

RESOLVE   ALLOWING   £250  TO   HON"''^  E.   TROWBRIDGE,  ESQ". 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of 
the  publick  Treasury  to  the  honorable  Edmund  Trowloridge  Esq' 
one  of  the  Justices  of  the  Superior  Court  of  Judicature,  Court  of 
Assize  and  General  Goal  Delivery  the  Sum  of  Two  Hundred  and 
fifty  Pounds  for  the  faithful  Discharge  of  his  Trust  for  one  Year, 
ending  the  first  of  January  Last.     \Passed  January  22. 


CHAPTER    92. 

RESOLVE  ALLOWING   £250  TO   HON'='-»^  F.   HUTCHINSON. 


Legislative  Resolved,  That  the  Sum  of  Two  Hundred  and  fifty  Pounds  be 

Council,  xxix.,  granted  and  allowed  to  be  paid  out  of  the  publick  Treasury  to  the 
Archi^es^^'  hon'"'^  Fostcr  Hutchinson  Esq'  one  of  the  Justices  of  the  Superior 
xliv.,  729.'  Court  of  Judicature,  Court  of  Assize  and  General  Goal  Delivery  for 
House  Jour-  the  faithful  Discharge  of  his  Trust,  for  one  Year  ending  the  first 
of  January,  instant.     {^Passed  January  22. 


nal,  p.  168. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  669 

CHAPTEK    93, 

BESOLVE  ALLOWING  £250  TO   HON'"-"   NATH"-  ROPES,  ESQ". 

Resolved,  That  the  Sum  of  Two  Hundred  and  fifty  Pounds  be  Legislative 
granted  and  allowed  to  be  paid  out  of  the  publick  Treasury  to  the  coundf.xxix? 
honorable  Nathaniel  Kopes  Esq"'  one  of  the  Justices  of  the  Superior  ■wi.  Maes. 
Court  of  Judicature  Court  of  Assize  and  General  Goal  Delivery  for  xuv.,  728.' 
his  faithful  Discharge  of  his  Trust,  for  one  Year,  ending  the  first  House  Jour- 
of  January  Instant.     [Passed  January  22.  '"''•  p-  i^''- 


CHAPTEE    94. 

RESOLVE  ALLOWING   £250  TO   HON"'-':  W"  GUSHING,  ESQ". 

Resolved,  That  the  Sum  of  Two  Hundred  and  fifty  Pounds  be  Legislative 
granted  and  allowed  to  be  paid  out  of  the  publick  Treasury  to  the  councif  xxbt! 
jjQjjbie  Tjym  Cushiug  Esq'  one  of  the  Justices  of  the  Superior  Court  -loi.  Mass. 
of  Judicature,  Court  of  Assize  and  General  Goal  Delivery  for  the  xiiv.,  7-27.' 
faithful  Discharge  of  his  Trust,  for  one  Year  ending  the  first  of  House  Jour. 
January  Instant.     {^Passed  January  22.  nai,  p.  les. 


CHAPTEK    95. 

RESOLVE  ALLOWING   £200  TO   THE   PRESIDENT  OF  HARVARD  COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
Public  Treasury  the  sum  of  Two  hundred  pounds  to  the  Rev*  W  comcif,  xxlx^, 
Samuel  Lock  President  of  Harvard  Colledge,  over  &  above  the  rents  4oi-  M-ass. 
of  Massachusetts  Hall,  for  his  Services  for  One  year  Commencing  iviu.,  604a'. 
the  31''  March  last,  to  [be] '  paid  Quarterly.     \^Passed  January  22.  House  Jout- 

nal,  p.  169. 


CHAPTEK    96. 

RESOLVE   ALLOWING   £100  TO    THE    PROFESSOR    OF    DIVINITY   AT   HAR- 
VARD  COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  M'  Edward  Wigglesworth  Hollisiau  professor  of  coSnc'if,  x'x'ii*:, 
Divinity  at  Harvard  College  in  Cambridge  the  sum  of  one  hundred  *^'^- 
pounds  as  a  Gratuity  in  consideration  of  his  faithful  discharge  of  House  Jour- 
the  great  and  important  trust  reposed  in  him  for  one  year,  ending  °^ '  ^'  ^''*' 
the  25  day  of  January  instant.      [Passed  January  22. 

'  Inserted  from  Legislative  Records  of  the  Council,  xxix.,  402. 


670 


Province  Laws  {Resolves, etc.).  — 1772-73.     [Chaps.  97-100.] 


CHAPTER    97. 

KESOLVE   ALLOWING   £100  TO   THE   PROFESSOR   OF   MATHEMATICKS    AT 
HARVARD   COLLEGE. 

Recorda'of  the  ResolvccL  that  there  be  granted  and  allowed  to  be  paid  out  of 
Council,  xxix.,  the  public  Treasury  to  John  Winthrop  Esq'  Hollisian  professor  of 
*""■  mathematicks  and  natural  Philosophy  at  Harvard  College  in  Cam- 

bridge, the  sum  of  one  hundred  pounds  as  a  Gratuity  in  consid- 
eration of  his  faithful  discharge  of  the  great  and  important  trust 
reposed  in  him  for  one  year  ending  the  13  day  of  January  instant. 
[Passed  January  22. 


Houae  Jour, 
nal,  p.  170. 


CHAPTER    98. 


RESOLVE   ALLOWING   £40   TO   THE  PROFESSOR  OF   HEBREW    AT    HAR- 
VARD  COLLEGE. 


Legislative 
Records  of  the 
Council,  x.\ix., 
402.    Mass. 
Archives, 
Iviii.,  604. 

House  Jour- 
nal, p.  170. 


Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
publick  Treasury,  to  M'  Stephen  Sewall,  Hancock-Professor  of  the 
Hebrew,  and  other  Oriental  Languages  at  Harvard-College  in  Cam- 
bridge, the  Sum  of  Forty  pounds  as  a  Gratuity  in  Consideration  of 
his  faithful  Discharge  of  the  great  and  important  Trust  reposed  in 
him,  the  last  Year.     [Passed  January  22. 


CHAPTER    99. 

RESOLVE   ALLOWING   £140  TO  THE   SECRETARY. 


Legislative ^^^  Resolved  That  the  sum  of  onehundred  and  forty  pounds  be  granted 
Council,  xxix.,  and  allow'd  to  be  paid  out  of  the  Public  Treasury  to  the  Hon :  Thomas 
ArohiveM-.  Plucker  Esqr  Secretary  of  tliis  Province  for  his  Services,  ordinary 
and  Extraordinary,  for  one  year.  Ending  the  Eleventh  Day  of  March 


House  Jour- 
nal, p.  171. 


1773.     [Passed  January  22. 


CHAPTER    100. 

RESOLVE   ALLOWING   £267   TO   THE   TREASURER. 


Legislative 
Kecords  of  the 
Council,  xxix.. 


House  Jour- 
nal, p.  170. 


Resolved  that  the  sum  of  Two  hundred  and  sixty  seven  pounds 
be  granted  and  allowed  to  be  paid  out  of  the  public  Treasury  to 
the  hon''''  Harrison  Gray  Esq'  Treasurer  and  Eeceiver  General  of 
his  Majesty's  Kevenues  of  this  Province  for  one  year  ending  the 
third  day  of  December  last.     [Passed  January  22. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  671 


CHAPTBE    101. 

RESOLVE  ALLOWING   £150  TO  THE   COMMISSARY  GENERAL.  Legislative 

Records  of  the 
Council,  xxix.. 

Resolved  That  there  be  granted  and  Allowed  to  be  paid  ont  of  the  «i3.   Mass. 
Public  Treasury  to  The  Hon.  Thomas  Gushing  Esq^  Commissary  ixxx.,  708. 
General,  the  Sum  of  one  hundred  &  fifty  pounds  in  full  for  His  Ser-  House  Jour, 
vices  one  year.     [Passed  January  22.  nai.p.  170. 


CHAPTER    102. 

RESOLVE  ALLOWING  4/  PER  DIEM   TO  THE   SPEAKER. 

In  the  House  of  Representatives  Legrisi.itive 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  council  xxix^, 
publick  Treasury  the  Sum  of  four  Shillings  per  Diem  to  the  hon-  Archiv'es^^i 
orable  Thomas  Gushing  Esq'  Speaker  of  this  House,  for  every  Day  445. 


of  his  Attendance  in  the  General  Court,  from  the  opening  of  the  House  Jour- 
Session  on  the  Twenty  seventh  Day  of  May  1772,  over  and  above  his  '"'''  ^'  ^'^' 
Pay  as  a  member  of  this  House, 
in  Council  Eead  &  Concurred.     [Passed  January  22. 


CHAPTEE    103. 

RESOLVE   ALLOWING    £90   TO  THE   CLERK   OF   THE    HOUSE. 

In  the  House  of  Eepresentatives.  Legislative 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  uouncff,  xxix! 
public  Treasury  the  sum  of  ninety  pounds  to  M''  Samuel  Adams  *03. 
for  his  service  as  Clerk  of  this  House  the  several  Sessions  of  the  House  .Jour- 
General  Court  in  the  current  year.  na ,  p. 

In  Council,  Read  and  Concurred.     [Passed  January  22. 


CHAPTER    104. 

RESOLVE   ALLOWING   £110  TO   THE   MESSENGER. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  William  Baker  messinger  of  the  General  assem-  councu",  xxix!, 
bly  the  sum  of  one  hundred  and  ten  pounds  for  his  services  to  his  403. 
Excellency  the  Governor,  the  Council  and  House  of  Representatives  House  Jour- 
for  one  year  to  be  paid  quarterly.     [Passed  January  22.  °*''  ''■  ^"^' 


672 


Province  Laws  (Besolves,  etc.) .  — 1772-73.  [Chaps.  105-108.] 


CHAPTEE    105. 

RESOLVE  ALLOWING   £12  TO  REV°  JOHN   HUNT. 

Record'8*oi%he       Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
Council,  xxix.,  public  Treasury  to  the  Eev"  M'  John  Hunt  the  sum  of  twelve  pounds 

— for  his  services  as  Chaplain  to  the  two  Houses  of  the  General  assem- 

Si"p!i7o^'      ^ly  during  the  several  Sessions  of  the  General  Court  the  current 
year.     [Passed  January  22. 


CHAPTEE    106, 


RESOLVE  ALLOWING  £2  TO  REV°  DOCT"  APPLETON. 


RlfOTds'of  the  Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
Council,  xxix.,  public  Treasury  to  the  Rev''  Doctor  Nathaniel  Appleton  forty  shil- 
lings for  his  services  as  Chaplain  to  the  two  Houses  of  the  General 
assembly  the  last  Session.     \^Passed  January  22. 


House  Jour, 
nal,  p.  170. 


CHAPTEE    107, 


RESOLVE  DIRECTING  THE  PROVINCE  TREASURER  TO  SUSPEND  EXECU- 
TION AGAINST  SALAH   BARNARD. 


House  Jour- 
nal, pp.  162, 171 


EeTOrds'of^the  ^  PETITION  of  Samucl  Clap  and  Others  Inhabitants  and  proprie- 
councii,  xxix.,  tors  of  the  Town  of  Worthington  in  the  County  of  Hampshire  Pray- 
ing that  the  Province  Treasurer  may  be  directed  to  suspend  his 
Execution  against  Major  Barnard  for  Lands  he  purchased  of  the 
Province  in  the  said  Town,  otherwise  he  will  be  obliged  to  distress 
them  for  the  money  they  owe  him  for  part  of  the  said  Land  they 
purchased  of  him,  which  they  are  at  present  unable  to  pay. 
[Read  and] 

Resolved  that  the  Province  Treasurer  be  directed  and  he  is  hereby 
directed  to  suspend  or  stay  his  Execution  against  Salah  Barnard 
Esq'  of  Deerfield,  for  two  years  next  ensuing,  provided  he  give 
security  to  pay  interest  upon  said  debt  until  paid.  [Passed  Jan- 
iMry  22. 


CHAPTEE    108. 


RESOLVE    ALLOWING    £60    AND   A    FURTHER    SUM    OF    £22.  16    TO    JOHN 
THOMAS. 


Legislative 
Records  of  the 
Council,  xxix., 
4.^(3.    Mass. 
Archives, 
Ixvi.,  621. 

House  Jour- 
nal, lip.  173, 191. 
Province 
Laws,  iv.,  1005, 
note. 


K  Petition  of  John  Thomas  Praying  an  allowance  for  his  last 
years  service  as  keeper  of  the  Lighthouse  on  the  Gurnet,  ending 
the  14  day  of  Xovem'  last,  and  also  for  Fuel  expended  for  the  use 
of  said  Lighthouse. 

[Read  and] 

Resolved  that  the  sum  of  sixty  pounds  be  allowed  and  paid  out 
of  the  publick  Treasury  to  John  Thomas  Esq'  for  his  service  as 


[2d  Sess.]     Province  1ja\{%  {Resolves,  etc.).  —  1772-73.  673 

Keeper  of  the  Light  house  In  the  Gurnet  for  one  year  Ending  the 
14""  of  November  Last,  and  the  farther  sum  twenty  two  pounds 
and  sixteen  Shillings  for  twenty  Cords  of  Wood  and  Charcoal  Ex- 
pended at  said  Light  house.     \^Passed  January  28. 


CHAPTBK    109. 

ORDER    DISCHARGING     CONDITIONALLY     THE    TOWN    OF    MILTON     OF 
£200. 

A  Petition  of  James  Boies  of  Milton     Praying  that  he  may  be  Legislative 
allowed  a  further  time  for  the  payment  of  what  remains  due  from  coSucti*!  xx\x!, 
him  to  the  Province  as  Collector  of  Taxes  for  said  Town  in  the  year  f  j;-.i,J^ff  ij^. 
1768.  S82^       '     •' 

[Read  and]  Mass. 

Ordered  that  the  Town  of  Milton  be  Discharged  of  the  Sum  of  ^^Sf'^House''" 
Two  Hundred  pounds  which  Remains  Due  from  tlie  Said  Town  on  Journal,     ^^^ 
the  Taxes  Committed  To  James  Boies  to  Collect  upon  the  Said  ^i*'  '  '     ' 
James  Boies  Giveing  Sufficient  Security  to  the  Province  Treasurer 
that  he  will  pay  into  Said  Treasury  the  Said  Sum  of  Two  Hundred 
pounds  as  followeth  Viz  Fifty  pounds  Each  Year  from  this  Time 
until  he  Shall  have  paid  Said  Two  hundred  pounds  without  Interest 
then  and  in  th^t  Case  Said  Town  be  Discharged  as  aforesaid  and 
not  otherwise.     \Passed  January  28. 


CHAPTBE    110. 

RESOLVE   DIRECTING   THE    PROVINCE   TREASURER   TO   GIVE   BOND    FOR 
THE    FAITHFUL   DISCHARGE   OF   HIS   DUTIES. 

In  the  House  of  Representatives,  Legiei.itive 

Resolved  that  no  person  who  shall  be  chosen  by  this  Court  into  counclf,  xx'x!, 

the  office  of  Treasurer  and  Receiver  General  for  this  Province  for  ^51: 

the  present  year,  shall  be  esteemed  duly  qualified  to  enter  upon  the  ^".""^  "'jqf  ;„, 
execution  of  that  office  until  he  shall  first  have  an  Oath  adminstred  auII^.  61.5. 
to  him  for  the  faithful  performance  of  the  trust  of  his  said  office  and  chap"' 112.^"*' 
shall  give  Bond  with  sufficient  sureties  to  the  acceptance  of  a  Com- 
mittee to  be  appointed  by  this  Court  to  judge  in  their  behalf  both 
of  the  sufficiency  of  the  Sureties  &  of  such  Bond  in  the  sum  of  thirty 
thousand  j)ounds  lawful  money  to  the  three  eldest  Councellors  of 
this  Province  for  the  time  being  who  are  hereby  appointed  a  Com- 
mittee in  behalf  of  the  Province  and  especially  authorized  to  take 
the  said  Bond  to  themselves  to  the  use  of  the  Province;  which  Bond 
shall  be  conditioned  for  the  Treasurers  duly  and  faithfully  discharg- 
ing the  duty  of  his  office  according  to  Law  and  for  his  rendering  an 
account  when  and  so  often  as  he  shall  be  required  by  the  General 
Court  of  all  and  any  such  sum  or  sums  of  money,  Securities  and 
other  Estate  of  this  Province  as  he  shall  from  time  to  time  receive 
or  be  possessed  of  to  the  use  of  the  said  Province,  and  for  his  well 
and  truly  paying  and  delivering  to  his  successor  in  said  office  or  to 
any  other  person  that  may  be  appointed  by  the  General  Court  to 
receive  the  same,  all  such  sum  or  sums  of  money.  Securities  or  other 


674 


Provixce  Laws  (i?eso/i'es,  efc.).  — 1772-73.   [Chaps.  111-114.] 


Estate  of  the  Province,  as  upon  such  settlement  of  his  accounts,  or 
otherwise,  shall  be  found  clue  and  payable  from  him  to  the  Province, 
or  for  which  he  shall  be  found  accountable;  and  it  is  also 

Ordered  that  in  case  such  Bond  shall  not  be  put  in  suit  within 
three  years  from  the  date  thereof  it  shall  be  void  and  of  none  effect, 
and  that  the  Speaker  and  M'  Hancock,  with  such  as  the  hon'"'"  Board  - 
shall  join,  be  a  Committee  to  judge  of  the  sufficiency  of  the  Bond 
to  be  taken  as  aforesaid,  and  of  such  as  may  offer  to  become  sureties 
for  the  Treasurer  as  aforesaid. 

In  Council,  Read  and  Concurred  and  Samuel  Dexter  Esq'  is  joined. 
[Passed  January  28. 


CHAPTEK    111 


VOTE    CHOOSING    THOMAS    GUSHING,   ESQ=,   COMMISSARY    GENERAL    AT 
FORT  POWNALL. 

Legislative  PURSUANT  TO  AGREEMENT  of  the  two  Housos  they  proceeded  to 

Council,  xxix.,  the  choice  of  Civil  officers  for  the  present  year,  when  Thomas  Cush- 
Archivesrc'xx.,  iug  Esq'  was  chosen  the  officer  for  purchasing  provisions  and  other 
695-  necessarys  for  carrying  ou  the  Truck  Trade  at  Fort  Pownall,  by  a 

House  Jour-      major  vote  of  the  Council  and  House  of  Representatives.     [Passed 
January  28. 


nal,  p.  193. 


CHAPTER    112. 

VOTE   CHOOSING  HARRISON   GRAY  PROVINCE   TREASURER. 

Legislative  PURSUANT  TO  THE  AGREEMENT  of  the  two  Houses  they  proceeded 

Records  of  the  ,,  ,      .  ,./-,•    -i      ,»i  i?         ^i  ^  i  tt 

Council,  xxix.,  to  the  choice  of  Civil  officers  for  the  present  year,  when  Harrison 

1?!: Gray  Esq'  was  chosen  Treasurer  and  Receiver  General  for  the  Prov- 

naTp!  193!^'      ™ce  by  a  major  vote  of  the  Council  and  House  of  Representatives. 
[Passed  January  28. 


CHAPTER    113. 


Legislative 
Records  of  the 
Council,  xxix., 
438.    Mass. 
Archives, 
Ixvi.,  523. 

House  Jour- 
nal, p.  193. 


VOTE   CHOOSING   JAMES  RUSSELL   COMMISSIONER  OF  DIPOST. 

Pursuant  to  agreement  the  two  Houses  proceeded  to  the  choice 
of  Civil  officers  for  the  present  year,  when  James  Russell  Esq'  was 
chosen  Commissioner  of  Impost  by  a  major  vote  of  the  Council  and 
House  of  Representatives.      [Passed  January  28. 


CHAPTER    114. 


VOTE   CHOOSING    JEDIDIAH    PREBLE,   JR.,  TRUCK    MASTER   FOR   FORT 
POWNALL. 

Legislative  Thj;  xwo  Houses  according  to  agreement  proceeded  to  the  choice 

Records  of  the  ^  o         .  _j._    __,.._,,      . 

Council,  xxix., 
439.    Mass. 
Archives,  cxx.. 


Records  of  the  ^^  ^.^.^  officers  for  the  present  year,  when  M'  Jedediah  Preble  jun' 


Council  &  House  of  Representatives.'     [Passed  January  28. 


Not  found  in  the  House  JournaL 


[2d  Sess.]     Province  Laws  [Besolves,  etc.).  — 1772-73.  G75 


CHAPTER    115. 

VOTE    CHOOSING   NOTARIES   PUBLIC. 

The  two  Houses  according  to  agreement  proceeded  to  the  choice  Legislative 
of  Civil  oiHcers  for  the  present  year,  when  the  undermentioned  counc'^^  xxix!, 
Persons  were  chosen  public  notaries  by  a  major  vote  of  the  Council  ««■   Mass. 
and  House  of  Eepreseutatives.  xiiv.,  73l' 

Suffolk  For  the  Port  of  Boston      .         .         .  { ^;  g^^^^AulneTunr  M&l. 

f  Salem John  Nutting  Esq' 

I  Ipswich M'  Samuel  Sawyer 

Essex  J  Marblehead M'  Thomas  King 

Newburyport William  Atkins  Esq' 

[  Glocester Daniel  Witham  Esq' 

Middlesex         Gharlestown M"'  Nathaniel  Gorham 

Plymouth  Plymouth M'  Ephraim  Spooner 

( Barnstable Solomon  Otis  Esq' 

Barnstable     J  Falmouth M'  Joseph  Parker 

1  Welfleet M'  Winslow  Lewis 

[  Chatham  ......     M'  Joseph  Doane 

Bristol f  Jerathmeel  Bowers  Esq' 

I  Elisha  Tobey  Esq' 

Dukes  County  Edgartown M'  John  Pease  jun' 

Nantucket M'  Stephen  Hussey  . 

{York Daniel  Moulton  Esq' 
Kittery  .  .  .  ...  .  Charles  Chauncy  Esq' 
Wells Jno  Wheelwright  Esq' 

Cumberland      Falmouth M'  Jonathan  Webb 

Lincoln M'  Thomas  Moulton 


[Passed  January  28. 


CHAPTER    116. 

RESOLVE  IMPOWERING  HANNAH  MANSFIELD  TO  SELL  LAND   AND   MAK- 
ING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Hannah  Mansfield  Widow  of  Joseph  Mansfield  Legislative 
late  of  Salem  in  the  County  of  Essex  deceased    Setting  forth,  That  councif,  xxix*, 
her  Husband  has  been  dead  twenty  five  years,  and  at  the  time  of 


his  death  left  one  only  Child,  a  daughter  now  living,  who  is  non  ^aT^^'^ra^' 
compos  mentis,  and  whom  the  Petitioner  has  by  her  own  labour  i77Ws,'i93.' 
hitherto  supported,  but  is  now  through  the  infirmities  of  old  age 
rendered  incapable  of  doing  it  any  longer  That  her  said  Husband 
left  no  Estate  except  about  twenty  poles  of  Land  in  Salem  afore- 
said which  she  has  now  an  opportunity  of  selling  to  advantage.  And 
praying  that  she  may  be  impowered  to  make  sale  of  the  premises 
to  enable  her  to  support  herself  and  her  said  daughter. 

[Read  and] 

Resolved  on  the  Petition  of  Hannah  Mansfield  that  the  prayer  be 
granted,  and  that  the  Petitioner  be  and  hereby  is  impowered  (with 
the  consent  of  the  Overseers  of  the  poor  of  the  Town  of  Salem)  to 
make  sale  of  the  Eeal  Estate  in  said  Petition  mentioned  for  the 
most  it  will  fetch,  and  make  and  execute  a  good  Deed  or  Deeds 
thereof,  and  that  the  proceeds  thereof  be  laid  out  for  the  support 
of  the  Widow  and  her  non  compos  daughter.     [Passed  January  28. 


676  Province  Laws  {Resolves,  etc.).  — 1772-73.  [Chaps.  117,  11 8. J 


CHAPTER    117. 

RESOLVE   ALLOWING    £100   ADDITIONAL   TO   THE   SECRETARY. 

klforrts^of  the       ^  Petition  of  Thomas  Flucker  Esq'  Secretary  of  the  Prov- 

Councu,  xxix.,  ince  Praying  for  an  allowance  to  enable  him  to  pay  for  assistance 

— '■ in  his  office  the  year  past. 

SITpXitt,       [Read  and] 

p^  CTo'^chaij  99  Resolvcd  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  lion'''''  Thomas  Flucker  Esq"'  Secretary  of  this  Province 
the  sum  of  one  hundred  pounds  to  enable  him  to  pay  for  assistance 
for  one  year  ending  the  sixth  day  of  December  last.  \_Passed  Jan- 
uary SO. 


CHAPTER    118. 

RESOLVE   CONFIRMING   200   ACRES    OF   LAND   TO   BERIAH   TREE. 

Kecords'of  the       Resolvecl  that  the  three  plans  hereunto  annexed,  one  plan  con- 
Councii,  xxix.,  taining  one  hundred  acres,  bounded  as  follows  viz'  begining  at  a 

— : Stake  and  stones  at  the  South  E'  corner  of  Deacon  Brown's  grant 

nai^pp.  ^"^  on  the  N  line  of  Dean  and  Douglass's  grant,  and  from  thence  run  E' 
^^^Ar^'e^^'  ^^°  ^  ■'■'^'^  ^"^"^^  *^°  '''  ^"^^11  Beach  staddle  and  Stones  on  the  n  Line  of 
p.  558,  chap.  62.  Dean's  grant,  then  n  4°  AV  137  rods  to  a  small  maple  marked  &  stones 
just  by  a  large  red  Oak,  tlien  W  12°  S''  120  rods  to  a  Witch  liasel 
marked  and  Stones  then  S'  4°  E'  to  the  first  mentioned  bounds  an- 
other plan  containing  Sixty  acres  bounded  as  follows  viz*  begining 
at  a  Stake  and  Stones  on  the  East  line  of  Pittsfield  and  at  the  South- 
east corner  of  the  Ashuelot  equivalent  and  from  thence  run  East 
10°  S  150  rods  on  the  South  line  of  the  Equivalent  to  a  maple  tree 
marked  and  Stones,  then  S  28°  W  36  rods  to  a  Stake  and  stones 
then  W  20°  n  36  rods  to  a  stake  and  stones,  then  S  24°  W  60  rods 
to  a  heap  of  Stones,  then  W^  10°  n  80  rods  to  a  Stake  and  Stones 
on  the  east  line  of  Pittsfield,  then  n  19°  E'  85  rods  on  said  line  to 
the  first  mentioned  bounds  the  other  plan  containing  forty  acres, 
bounded  as  follows  viz'  begining  at  a  Stake  and  Stones  just  by  a 
large  beach  standing  in  tlie  East  line  of  a  Grant  of  Land  made  to 
Asa  Douglass  and  others  called  Douglass's  new  Grant,  said  Tree  is 
n  26°  E'  280  rods  from  the  Southeast  corner  of  said  grant,  and  from 
the  said  tree  and  stake  and  stones  run  east  one  hundred  rods  to  a 
Stake  and  stones  by  the  road  from  Lanesborough  to  Albany  and 
eight  rods  W  of  Lanesborough  W  line,  then  n  16°  W  70  rods  to  a 
Stake,  then  W  100  rods  to  the  east  line  of  Douglass's  grant,  then  S 
16°  E  70  rods  to  the  abovementioued  Beach  tree  or  Stake  and  Stones, 
be  accepted  and  hereby  is  confirmed  unto  Beriah  Tree  his  Heirs  and 
assigns  forever  to  satisfy  part  of  a  grant  of  one  thousand  and  ninety 
five  acres  of  Land  made  to  the  said  Beriah  Tree  in  June  AD  1771 
another  plan  containing  eight  hundred  and  ninety  five  acres  lie  on 
file  till  further  order,  in  the  mean  time  the  said  Beriah  may  have 
a  prior  right  to  the  same  of  any  future  Grantees  or  claimers  under 
this  Province.      [Passed  January  SO. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  677 

CHAPTEE    119. 

RESOLVE    COISTFIRMING   SALE   OF   LAND   BY   JOHN   BROWN,  GUARDIAN. 

A  Petition  of  John  Brown  '  of  Douglass  in  the  County  of  Woi'ces-  Legislative 
ter  Guardian  of  Oliver  Brown  of  said  Douglass  a  person  non  com-  counc'ir,  xVix*!, 

pos     Setting  forth,  That  in  the  division  of  the  Real  Estate  of  John  i^ 

Brown  late  of  said  Douglass  yeoman  deceased  intestate,  there  was  Houee  Jo"''- 

set  ofE  to  the  said  Oliver  as  his  share  in  said  deceaseds  Real  Estate      >     ■     >     • 

a  tract  of  Land  containing  sixteen  acres  and  ninety  two  rods.  That 

the  Petitioner  apprehending  he  had  authority  to  sell  the  same  Land, 

sold  it  to  one  Benaiah  Morss  for  the  sum  of  twenty  pounds  and  gave 

him  a  deed  thereof.  That  the  said  Morss  is  now  dead  and  his  Heirs 

cannot  hold  the  same  Land  by  virtue  of  said  Deed.  And,  as  what 

he  did  was  done  for  the  benefit  of  the  said  non  compos.  Praying 

that  the  Estate  sold  as  aforesaid  may  be  confirmed. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  deed  of 
sixteen  acres  and  ninety  two  rods  mentioned  in  his  Petition  made 
to  the  said  Benaiah  Morss  shall  be  as  good  and  valid  to  convey  the 
Laud  therein  mentioned  as  if  he  had  before  obtained  the  License 
of  this  Court  before  such  deed  was  made ;  provided  that  the  said 
non  compos  person  Oliver  Brown  mentioned  in  his  Petition  had 
a  just  and  legal  title  to  the  same.     [^Passed  January  SO. 


CHAPTEE    120. 

RESOLVE  ALLOWING  £20  TO  THE  REV"  ELI  FORBES. 

A  Petition  of  Eli  Forbes    Setting  forth    That  by  leave  and  Order  LegiBiative 
of  this  House  he  hath  sent  to  the  Indian  Country  the  Indian  Girl  o^uncu"  xx'x^. 
committed  to  his  care,  the  balance  of  the  charge  attending  the  *^- 
same  hath  been  paid  to  him.   That  he  has  kejDt  the  youngest  Boy  House  Jour- 
from  the  13  day  of  April  last  to  the  21  day  of  January  instant;  ^AntfX^.bd, 
Boarded,  Instructed  and  Cloathed  him,  which,  at  ten  shillings  i\p  "hap.  107. 
Week,  amounts  to  twenty  pounds.  And  praying  that  the  said  Sum 
may  be  granted  him. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  there  be  paid  out  of  the  public  Treasury  out  of  the  Interest 
of  Sir  Peter  Warren's  donation  the  sum  of  twenty  pounds  to  the 
Petitioner  in  full  for  his  Boarding,  Cloathing  and  Instructing  the 
youngest  Indian  Lad  in  his  petition  mentioned  from  the  13  day 
of  April  last  until  the  31°'  of  this  instant  January.  [Passed  Jan- 
uary SO. 

'  The  House  Journal,  p.  145,  reads,  John  Brewer  of  Douglass,  guardian  of  Oliver  Brewer. 


678 


Province  Laws  (i^esoZyes,  efc.).  — 1772-73.  [Chaps.  121-123.] 


445.    Mass. 
Archives, 
xxxiil.,  566. 

House  Jour- 
nal, pp.  177,  ] 


CHAPTER    121. 

RESOLVE    IMPOWERING    DAVID    NAUNAUNEEKAUNUCK,  AN   INDIAN,  TO 
SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

Becords'olthe  -^  PETITION  of  David  Naunaiineekaiinuck  an  Indian  belonging 
Cquncij,  xxix.,  to  Stockbridge  Setting  fortli  That  by  reason  of  old  age  he  is 
unable  to  maintain  himself;  he  Ijeing  eighty  two  years  of  age,  and 
that  his  Children  are  all  dead  That  for  his  assistance  and  support, 
the  Indian  proprietors  of  the  common  Lands  in  Stockbridge  have 
granted  him  fifty  acres  of  out  Woodland  lying  in  the  west  part  of 
said  Town.  And  praying  that  he  may  be  impowered  to  make  sale 
thereof  for  his  support  and  maintenance. 
[Read  and] 

Resolved  That  the  Prayer  thereof  be  Granted;  and  that  the  Peti- 
tioner be  allowed  to  sell  the  Fifty  acres  of  Land  in  his  Petition 
Mentioned,  And  Make  &  Execute  a  Good  &  SuflQcient  Deed  or  Deeds 
Thereof  To  such  Purchaser  or  Purchasers,  His  Her  or  Their  Heirs 
&  assigns  forever  To  be  Holden  in  Fee :  Provided  Such  Bargain, 
Sale  &  Conveyance  be,  made  under  the  Special  &  Immediate  Direc- 
tion of  Timothy  Woodbridge  Esq'  &  the  Proceeds  thereof  Shall 
be  Applied  by  him  for  the  Comfort  &  Support  of  the  Petitioner. 
\_Passed  January  SO. 


CHAPTER    122. 


RESOLVE   ALLOWING   £120   ADDITIONAL  TO   THE  TREASURER. 


Legislative 
Records  of  the 
Council,  xxix., 


Archives,  civ., 
567.    House 
Journal, 
pp.  175,  200. 


chap. 


A  Petition  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  Gen- 
eral of  the  Province  acknowledging  with  gratitude  the  Grant  already 
made  him  for  his  common  services  the  year  past,  and  praying  an 
allowance  for  his  extraordinary  services. 

[Read  and] 

Resolvd  that  the  Sum  of  One  hundred  &  Twenty  pounds  be  allowd 
&  paid  out  of  the  publick  Treasury  to  the  Hon  Harrison  Gray  in 
full  Consideration  for  his  extra  Services  as  Treasurer  of  this  Prov- 
ince as  mentiond  in  this  petition.      \^Passed  January  SO. 


CHAPTER    123. 


RESOLVE  IMPOWERING  JOHN  TAYLOR  AND  ANNA  HIS  WIFE,  GUARDIAN, 
TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 


Leelslatlve 
Records  ol  the 
Council,  xxix., 
446. 

House  Jour- 
nal, pp.  152, 199. 
Province 
Laws,  ii.,  151, 
chap.  10. 
Ante,  p.  629, 
chap  21. 


A  Petition  of  John  Taylor  of  Lunenburgh  in  the  County  of 
Worcester  Physician  and  Anna  his  Wife  Guardian  to  her  two  Chil- 
dren Fitch  Pool  and  Nancy  Pool  minors  Setting  forth,  That  Fitch 
Pool  late  of  Boston  merchant  deceased  Father  of  said  minors  died 
siezed  and  possessed  in  fee  of  one  full  quarter  part,  as  the  same 
now  lies  in  common  and  undivided,  of  a  certain  piece  or  jjarcel  of 
Land  situate  and  lying  at  the  westerly  part  of  the  said  Boston,  with 
the  dwelling  house,  distil  house  and  all  the  other  buildings  thereon 


[2d  Sess.]     Province  Laws  {Ilesolves,  etc.).  — 1772-73.  679 

standiug,  together  with  all  the  Distils,  Worms,  Tubs,  Tools  and 
utensils  belonging  to  the  said  distil  house,  and  also  of  a  certain 
right,  title,  interest,  claim  and  demand  of  in  and  unto  all  that  cer- 
tain piece  or  parcel  of  Land,  flatts  and  Wharfe  with  a  large  Ware- 
house thereon  standing  situate  on  the  northeasterly  side  of  the 
Flood  gates  at  the  westerly  part  of  Boston  aforesaid  That  said 
Estate  is  daily  depreciating  in  its  value  from  a  variety  of  causes; 
that  the  expences  attending  the  repairs  of  part  of  the  premises  and 
overseeing,  managing  and  collecting  the  Rents  of  the  residue,  so 
much  depreciate  and  lessen  the  neat  income  thereof  as  to  make  it 
far  less  than  the  interest  of  what  the  same  will  now  sell  for;  and 
if  the  sale  thereof  is  now  made  the  hazards  of  fire  and  the  great 
inconvenience  of  holding  in  common  with  three  other  owners  will 
be  at  an  end.  And  praying  that  they  may  be  impowered  to  make 
sale  of  the  premises  for  the  benefit  of  said  minors,  and  more  espe- 
cially as  the  last  named  Fitch  Pool,  late  husband  of  the  said  Anna, 
in  his  life  time  frequently  desired  that  such  sale  should  be  made 
with  all  convenient  speed  after  his  decease. 

[Read  and] 

Resolved  that  the  Petitioners  be  and  they  accordingly  are  hereby 
fully  impowered  to  make  sale  of  the  whole  of  the  Estate  mentioned 
in  their  petition  belonging  to  said  minors  for  the  most  the  same 
will  fetch  and  make  and  execute  a  good  and  sufficient  deed  or  deeds 
thereof;  they  observing  the  directions  of  Law  relative  to  the  sale 
of  Real  Estates  by  Executors  &  administrators  and  first  giving  suffi- 
cient security  to  the  Judge  of  Probate  for  the  County  of  Suffolk  that 
the  proceeds  of  said  sale  shall  be  applied  as  followeth  viz'  one  third 
part  thereof  be  put  out  at  Interest  and  the  Interest  thereof  allowed 
Anna  Taylor  one  of  the  Petitioners  as  her  dower  in  said  Estate 
during  her  natural  life  and  also  that  the  other  two  thirds  be  put 
on  Interest  for  the  benefit  of  the  minors  until  they  arrive  to  law- 
ful age  respectively,  at  which  time  the  principal  and  Interest  shall 
be  paid  to  them  in  such  proportion  as  they  could  by  Law  inherit 
in  case  the  Estate  had  not  been  sold,  or  to  their  legal  Representa- 
tives respectively  in  case  of  their  or  either  of  their  decease  before 
they  shall  have  received  the  same,  and  ujion  the  death  of  Anna 
Taylor  her  third  part  of  the  sale  to  be  divided  amongst  the  Chil- 
dren of  Fitch  Pool  deceased,  or  their  Representatives  in  the  same 
proportion.     \_Pass6d  January  SO. 


CHAPTEE    124. 

RESOLVE  IMPOWERING  BENJ^  CUDWORTH  TO  BRING  FORWARD  A  WRIT 
OF  REVIEW. 

A  Petition  of  Benjamin  Cudworth  of  Boston  in  the  County  of  Legislative 
Suffolk  and  one  of  the  Deputy  Sherriffs  of  said  County     Setting  courTcif,  xxix!, 
forth.  That  at  the  last  Session  of  this  Court  he  preferred  his  Peti-  ^^<'^- 
tion  to  be  relieved  from  a  certain  Judgment  of  Court  and  Execu-  ^fords'of  the 
tion  obtained  against  him  by  one  Eliot  Elmes  of  Liverpool  in  Great  Council,  xxix., 
Britain  Merchant  for  the  reasons  in  the  same  Petition  set  forth  jfurn^i^™® 
That  he  thereupon  obtained  an  Order  on  his  said  Petition  that  the  ^^if  "• '-^g^Ji ^''^■ 
Justices  of  the  Superior  Court  at  their  then  next  Session  at  Boston  in  chap'.  124. 
and  for  the  County  of  Suffolk  miglit  hear  him  a  new  on  the  merits 
of  the  said  Cause;  but,  the  said  Order  being  imperfect,  he  could 


680 


Provinxe  Laws  {Besolves,  e(c.) .  — 1772-73.  [Chaps.  125-127.] 


obtain  no  fruit  thereof.  And  praying  that  his  said  Petition  may  be 
revived  and  such  Order  pass  thereon  as  may  be  effectual  to  answer 
the  prayer  thereof. 

[Read  and] 

Resolved  that  the  Petitioner  Benjamin  Cudworth  be  and  liereby 
is  allowed  a  rehearing  of  the  action  in  his  petition  mentioned,  and 
he  is  hereby  inipowered  to  bring  forward  a  Writ  of  Review  which 
shall  be  served  on  George  Bethune  attorney  to  Eliot  Elmes  the 
adverse  party  fourteen  days  at  least  before  the  next  sitting  of  the 
Superior  Court  of  Judicature  &c  in  and  for  the  County  of  Suffolk. 
And  the  Justices  of  the  said  Sujierior  Court  &c  are  hereby  inipow- 
ered at  their  next  Term  at  Boston  in  and  for  the  County  of  Sufiolk 
to  be  holden  on  the  third  Tuesday  of  February  instant  to  hear  and 
try  the  said  action  make  up  Judgment  and  award  Execution  accord- 
ingly.    \^Passed  February  1. 


CHAPTEK    125, 


LeglBlatlve 
Records  of  the 
Council,  xxlx., 
448.    Mass. 
Archives, 
xxxiii.,  573. 

House  Jour- 
nal, pp.  171, 202. 
Province 
Laws,  xvii., 
269,  chap.  104. 


RESOLVE  ALLOWING  THE  ACCOUNTS  OF  THE   GUARDLANS   OF   THE  HAS - 
SANAMISCO   INDIANS. 

Resolved  that  the  several  accounts  of  the  Guardians  of  the  Ilassa- 
namisco  Indians  are  right  cast  and  well  vouched,  and  that  the  Bal- 
lance  of  six  Pounds  nine  Shillings  and  one  penny  due  to  said  Indians, 
the  guardians  be  further  accountable  for.     \^Passed  February  1. 


CHAPTER    126. 

ORDER   APPOINTING   A   COMMITTEE   TO   SEE   TO   THE    REPAIRS    OF    THE 
COURT  HOUSE. 


Legislative 
Records  of  the 
Council,  xxix., 
450. 

House  Jour- 
nal, p.  204. 


In  the  House  of  Representatives, 

Ordered  that  JP  Speaker,  M"'  Hancock  and  M'  Adams  with  such 
as  the  hon"'  Board  may  join  be  a  Committee  to  see  to  the  necessary 
repairs  of  the  Court  House,  and  also  to  agree  with  some  suitable 
person  to  paint  the  Rooms  that  the  two  Houses  usually  meet  in  to 
transact  the  public  business. 

In  Council,  Read  and  Concurred  and  Harrison  Gray  and  James 
Pitts  Esq"  are  Joined.      \^Passed  February  S. 


CHAPTER    127. 


Legislative 
Records  of  the 
Council,  xxix., 
451.    Mass. 
Archives,  Iv., 
330. 


ORDER  AND  RESOLVE  IMPOWERING  COMMISSARIES   FOR  SETTLING  THE 
LINE   WITH  NEW   YORK  TO   MAKE   SURVEYS,  &o. 

Ordered  and 

Legislative  Rcsolved  that  the  Comissarys  who  are  impower'*  by  Act  of  this 

Rtfordsofthe  Goverm'  to  treat  with  Comissarys  who  may  be  appointed  by  the 

iM^ioiVf/m  Goverm'  of  New  York  respecting  the  Boundary  line  Between  this 

295;  350.  rfouse  Province  and  New  York  Eastward  of  Hudsons  river  be  Impower*, 
Journal,  p.  20d. 


[2d  Sess.]     Province  Jjaws  {liesolves,  etc.).  — 1772-73.  681 

and  directed  at  y^  Expense  of  this  Province  to  Make  all  Such  Sur-  Province 
veysand  Admeasurements  as  they  Shall  Judge  Necessary  to  Obtain  Jh^^^'is.'' inie, 
that  Exact  and  precise  knowledge  of  Facts  Necessary  to  be  precisely  ]!;?-''•  "''^i'- 
known  in  order  to  a  Safe  and  Most  Beneficial  execution  of  the  Trust 
Comitted  to  the  s'^  CoiSissarys  By  the  s'^  Act.     [Passed  February  3. 


CHAPTER    128. 

RESOLVE    ALLOWING    THE    EXPENSES    OF    THE    COMMITTEE    ON     POND 
AND   BEACH   AT   EDGARTOWN. 

The  Committee  who  repaired  to  Edgartown  on  the  Petition  of  £?s'''i"'^P 
a  number  of  the  Proprietors,  freeholders  and  Inhabitants  there,  laid  Council,  xxix., 

before  the  Court  an  account  of  their  time  and  expence  in  the  aifair,'  — 

and  prayed  an  allowance  of  the  same,  amounting  to  the  sum  of  n''^'^!?'''^J'n, 

rT        1  ,1       p  n        •         r\    T  T      •    t  Recorasofthe 

£31.3     whereupon  the  following  Order  passed  viz'  Council,  xxix., 

Resolved  that  tliere  be  allowed  and  paid  out  of  the  public  Treas-  335! ^Ifouse^^*' 
ury  to  the  hon'''"  James  Otis  Esq'  Edward  Bacon  Esq'  and  M'  Stephen  ''°"r,°^?'^Q9 
Nye  the  sum  of  twenty  one  pounds,  three  shillings  for  their  services 
and  expences  in  repairing  to  Edgartown  agreably  to  the  Order  of 
his  majesty's  Council  and  the  house  of  Representatives  on  the  Peti- 
tion of  John  Sumner  and  others.  And  that  the  said  sum  of  twenty 
one  pounds,  three  shillings  be  assessed  on  the  said  Town  of  Edgar- 
town and  added  to  their  proportion  of  the  Province  Tax  the  next 
year.     [Passed  February  4. 


CHAPTER    129. 

RESOLVE  APPOINTING  A  COMMITTEE  TO  EXAMINE  THE  CLAIMS  IN 
REGARD  TO  SALE  OF  LANDS  OF  DELINQUENT  PROPRIETORS  AT 
ASHFIELD. 

Whereas  doubts  haue  arisen  concerning  the  validity  of  the  Sales  Legislative 
of  the  Lands  of  such  as  were  called  delinquent  Proprietors  of  the  couxicif  xx\x"' 
Township  of  Ashfield  in  tlie  County  of  Hampshire,  made  by  the  457.  Massl 
Assessors  or  Comittees  of  the  Proprietors  of  the  said  Ashfield  for  ^KviureT-^. 
the  years  1763-1764  &  1765  and  Actions  are  now  depending  in  the  House  Jour. 
Law  for  recovering  the  possession  of  parcell  of  said  Lands  from  na_i,pp.2oi,202, 
the  persons  who  purchased  the  same  or  from  such  as  hold  under  Laws,  v?,ls7°-3, 
them  And  whereas  it  will  tend  to  the  great  disquiet  of  the  said  pfewi  chap?68. 
Township  if  such  Sales  should  be  adjudged  invalid  and  insufficient 
in  Law,     Therefore 

Resolved  that  George  Leonard  Jun'  Esq''  Jedediah  Foster  Esq'  and 
M'  Thomas  Denney  be  a  Committee  fully  authorized  and  impowered 
to  repair  to  the  said  Town  of  Ashfield  to  hear  the  Committee  of 
the  proprietors  and  also  each  of  the  persons  or  their  Representatiues 
whose  Lands  haue  been  sold  in  the  years  and  in  manner  as  afore- 
said and  to  judge  and  determine  what  the  Lands  thus  sold  were 
truly  worth  at  the  time  of  the  Sales  over  and  aboue  the  Sums  for 
which  they  were  in  fact  sold,  together  with  all  the  damage  which 
may  haue  actually  accrued  to  each  of  the  Proprietors  of  the  said 
Lands  respectiuely  by  means  of  the  Sales  aforesaid  and  the  Com- 

'  Relating  to  a  certain  pond  and  the  beach  at  Edgartown.  —  See  Legislative  Records 
of  the  Council,  xxix.,  455. 


682  Province  Laws  (i?esoZyes,e<c.).  — 1772-73.  [Chaps.  130,  131.] 

mittee  are  to  make  report  of  their  doings  at  the  Sessions  of  this 
Court  in  May  next  that  such  Order  may  be  then  taken  for  estab- 
lishing &  rendering  valid  the  Sales  aforesaid  as  to  the  Court  shall 
then  appear  to  be  just  &  equitable  And  all  proceedings  in  the  Law 
grounded  upon  the  invalidity  of  such  Sales  are  staid  in  the  mean 
time.  And  the  Committee  of  this  Court  shall  give  publick 

notice  in  all  the  Boston  News  papers  of  the  time  &  place  of  meet- 
ing that  so  all  persons  interested  may  attend  if  they  shall  see  cause. 
[Passed  February  5. 


CHAPTER    130. 

RESOLVE   WITH  NOTICE   AND   STAY   OF   EXECUTION    ON    THE    PETITION 
OF  JON''  BURNELL  FOR  A  REHEARING  OF  AN  ACTION. 

Legislative  A  PETITION  of  Jonathan  Burnell  of  Sherborn  in  the  County  of 

couacii^,  xxix.,  Nantucket  Setting  forth     That  an  action  was  brought  against  him 

^^- by  Crispus  Gardner  which,  by  advice  of  Counsel,  was  left  by  rule 

mi'i"p|'2oi'209  0^  Court  to  Mess"  Obed  Hussey,  Benjamin  Barnard  and  Joseph 
210.'  '  '  '  Nichols  That  the  said  Referrees  met  ujDon  the  business,  but  before 
they  had  completed  it,  the  Chairman  was  under  necessity  to  go  to 
Kennebec ;  in  whose  absence  the  other  two,  being  Brothers,  made 
a  report,  which  the  Petitioner  thinks  is  a  very  unjust  one,  and  in 
consequence  of  which  Execution  is  now  out  against  him.  And  pray- 
ing that  the  said  Execution  may  be  staid  and  he  be  allowed  a  new 
hearing  of  the  said  Cause. 
[Read  and] 

Resolved  that  the  Petitioner  notify  Crispus  Gardner  the  adverse 
party  by  serving  him  with  an  attested  Copy  of  said  Petition  and 
this  order  that  he  may  shew  cause,  if  any  he  have,  on  the  third 
Wednesday  of  the  next  Session  of  the  General  Court  why  the  prayer 
of  said  Petition  should  not  be  granted,  and  that  Execution  be  staid 
in  the  mean  time  provided  the  Petitioner  give  sufficient  security  to 
the  Sheriii  of  the  County  of  Nantucket  to  respond  the  damages  and 
costs  in  case  Judgment  shall  be  recovered  against  him  at  another 
hearing.     [Passed  February  8. 


CHAPTER    131. 

RESOLVE   IMFOWERING  ROB'^  PIERPONT,  GUARDIAN,  TO    COMPLETE    AN 
AGREEMENT. 

Legislative  ^  PETITION  of  Robert  Pierpont  of  Boston  in  the  County  of  Suf- 

councif,  xxix!,  folk  Gen' as  he  is  Guardian  to  his  daughter  Elizabeth  Pierpont  who 

*^ is  Grand  daughter  of  John  Morey  late  of  Roxbury  in  the  same  County 

Su^ppl'207^213,  Gent"  deceased  Setting  forth,  That  the  said  John  Morey  died  siezed 
211-'  '  '  '  of  a  large  Real  and  personal  Estate  which  fell  to  John  Morey  now 
of  Roxbury  Gentleman,  his  only  Son,  Mary  Turell,  his  daughter 
Wife  of  Joseph  Turell,  and  the  said  Elizabeth  Pierpont  his  grand 
daughter,  being  the  only  surviving  Heirs  of  the  said  deceased ;  which 
same  Estate,  both  Real  and  personal,  so  descended,  the  said  John 
Morey  the  Son,  Joseph  Turell  and  Mary  Turell  his  Wife,  in  her 
right,  and  Robert  Pierpont  as  Guardian  to  the  said  Elizabetli  Pier- 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  683 

pont,  the  parties  interested  therein  as  aforesaid,  have  to  avoid  con- 
tention and  further  mutual  benefit  agreed  upon  a  certain  division 
of  the  same  to  and  among  each  other  in  proportion  to  their  several 
rights ;  and  so  much  of  that  part  of  the  said  Keal  Estate  of  said 
deceased  which  lieth  in  the  Colony  of  Connecticut  being  by  said 
agreement  to  be  set  off  and  assigned  by  the  said  John  Morey  the 
Son  to  the  said  Elizabeth  Pierpont  as  is  her  full  part  &  inheritance 
of  and  in  the  Estate  of  her  said  Grandfather,  final  and  sufficient 
discharges  therefor  ought  to  be  executed  to  the  said  John  Morey, 
the  Son,  but  she  being  a  minor  cannot  by  Law  make  and  execute 
such  discharges.  And  praying  that  he  may  be  impowered  as  Father 
and  Guardian  of  the  said  minor  to  perfect  the  said  agreement  and 
to  execute  such  Deeds  or  other  Instruments  as  may  be  necessary  and 
effectual  for  that  purpose. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner be  and  he  accordingly  is  hereby  fully  impowered  to  finish 
and  complete  the  argeement  in  his  Petition  mentioned  and  make 
and  execute  such  Deeds,  Eeleases  and  discharges  in  behalf  of  his 
daughter  Elizabeth  Pierpont  and  receive  to  her  nse  such  Deed  or 
Deeds  and  conveyances  of  her  part  of  the  Estate  to  her  of  right  be- 
longing as  is  in  his  petition  mentioned  according  to  said  agreement 
as  is  equitable  and  just  to  the  compleating  thereof;  which  being 
so  done  shall  for  the  future  be  an  effectual  bar  to  any  demand  his 
said  daughter  or  any  person  or  persons  under  her  on  account  of  her 
right  by  inheritance  in  said  Estate;  provided  always  that  what  shall 
be  done  in  this  behalf  by  the  said  Robert  shall  be  under  the  direc- 
tion, advice  and  express  consent  of  the  Judge  of  Probate  for  the 
County  of  Suffolk.      [Passec?  Fehnoary  8. 


CHAPTEE    132. 

RESOLVE   CONFIRMING  LAND   TO   SAM"-  PIERCE. 

A  Petition  of  Samuel  Pierce  Setting  forth,  That  on  the  33'^  ^fi^rTof  the 
day  of  April  last  the  General  Court  was  pleased  to  grant  him  a  council,  xxix., 

Tract  of  unappropriated  Land,  then  supposed  to  contain  one  thou-  *— 

sand  acres,  lying  between  Charlemont  and  Deerfield  River,  partic-  Eecord"otthe 
ularly  described  in  the  said  Grant,  on  condition  that  he  gave  security  ^(['5"°^'^uge'^-' 
to  pay  four  pence  ,jj  acre  for  the  said  Land     That  he  has  caused  to  joumai, 
be  taken  and  returned  to  this  Court  a  plan  of  the  said  Grant,  whereby  "Sf^'^^Ante' 
it  appears  that  the  same  contains  nine  hundred  and  eighty  eight  p^  mt,  ciia'p. 
acres  only     which  he  prays  may  be  now  confirmed    That  the  Court 
at  the  same  time  granted  him  fifty  acres  of  Land  lying  under  Hoc- 
suck  mountain  on  the  west  side  of  Deerfield  River,  in  consideration 
of  his  services  in  making  and  repairing  a  Road  up  the  said  moun- 
tain    That  he  has  taken  the  liberty  to  lay  out  some  Province  Land 
in  addition  to  the  said  fifty  acres,  lying  all  in  one  piece,  agreable 
to  the  plan  exhibited.  And  praying  that  the  said  plan  may  be  con- 
firmed notwithstanding  its  deviation  from  the  Grant  upon  his  giving 
security  to  pay  a  reasonable  sum  of  money  for  the  Land  contained 
in  the  said  plan  over  and  above  the  Grant  aforesaid,  being  thirty 
acres. 

[Read  and] 


684  Province  Laws  (i?eso;i;es,ete.).  — 1772-73.     [Chap.  133.] 

Resolved  that  nine  hundred  and  eighty  eight  acres  (besides  allow- 
ance of  eighty  two  acres  for  swag  of  Chain)  bounded  Easterly  on 
Charlemout  line  seven  hundred  and  thirty  eight  rods  to  a  maple 
tree  in  the  South  line  of  ten  thousand  acres  granted  to  Cornelius 
Jones  and  then  runing  West  six  degrees  north  bounding  on  said 
Jones's  Land  180  rods  to  a  Beach  tree,  then  South  35  degrees  West 
50  rods,  then  South  20  degrees  West  20  rods,  then  South  10  degrees 
West  forty  rods  to  a  Brook  called  Pelham  Brook,  and  thence  run- 
ing down  the  Brook  bounding  on  the  same  to  Deerfield  Eiver  and 
so  bounding  on  the  East  side  of  Deerfield  River  to  said  Pierce's 
Land  and  on  said  Pierce's  Land  to  Charlemont  line.  And  also 
another  piece  of  Land  lying  on  the  West  side  of  Deerfield  Eiver 
and  bounded  Easterly  thereon  and  at  the  South  end  the  line  runs 
from  the  River  West  5  degrees  South  32  rods  to  a  Beach  marked 
then  north  36  degrees  West  48  rods  to  a  maple,  then  north  11  degrees 
West  ie  rods  to  a  maple,  then  north  12  degrees  East  60  rods  and  a 
half  to  a  maple,  then  north  28  degrees  East  60  rods  to  a  beach,  then 
north  16  degrees  east  -1:3  rods  to  a  maple  then  north  12  degrees  east 
84  rods  to  a  Beach  on  the  bank  of  said  River;  the  afore-described 
Lands  be  and  hereby  are  confirmed  to  the  said  Samuel  Pierce  his 
Heirs  &  assigns  forever;  he  giving  sufficient  security  to  the  Prov- 
ince Treasurer  for  the  use  of  the  Province  for  the  sum  of  Seventeen 
pounds  to  be  paid  within  twelve  months  from  this  time  with  law- 
ful Interest  for  the  same  until  paid.     yPassed  February  8. 


CHAPTEE    133. 

RESOLVE    IMPOWERING    ANNA    CONANT,    GUARDIAN,    TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO    THE   PROCEEDS. 

Legislative  A  PETITION  of  Anna  Conant,  formerly  Anna  Fisk,  Guardian  to 

Council,  xxix.,  Stephen  Fisk  and  James  Fisk  minors  and  Sons  of  Stephen  Fisk  late 

t£i: of  Greenwich  in  the  County  of  Hampshire  Yeoman  deceased     Set- 

H°»^^J<?"''o,o  ting  forth.  That  in  the  division  of  the  Real  Estate  of  the  said  de- 
Province  ceased  there  was  set  off  to  the  said  Stephen  six  acres  of  Land  chiefly 

chijf'io.''  '  under  improvement  which  lies  172  rods  in  length  and  five  rods  and 
an  half  wide,  together  with  half  the  buildings  belonging  to  said 
Estate,  and  to  the  said  James  five  acres  and  sixty  rods  of  the  home- 
stead, which  lies  five  rods  wide  and  172  rods  in  length,  together 
with  thirty  acres  of  Woodland  The  said  Buildings  are  old  and 
gone  to  decay,  and  that  the  cost  of  fencing  the  Lands  will  amount 
to  near  their  value.  And  praying  that  she  may  be  impowered  to 
make  sale  of  the  said  Lands  and  buildings  for  the  benefit  of  the 
said  minors. 
[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Peti- 
tioner is  hereby  impowered  to  make  sale  of  the  Real  Estate  as 
prayed  for  in  the  Petition,  and  make  &  execute  a  good  and  sufiB- 
cient  Deed  or  Deeds  thereof;  she  observing  the  rules  of  the  Law 
for  the  sale  of  Real  Estates  by  Executors  and  administrators  and 
giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Hampshire  that  the  proceeds  of  such  sale  be  put  on  interest  for 
the  benefit  of  the  Heirs  thereto;  the  sum  for  which  each  minors 
part  shall  be  sold  together  with  the  accumulated  interest,  if  any. 


[2d  Sess.]     Province  Laws  (liesolves,  etc.).  — 1772-73.  685 

be  paid  to  snch  minor  at  the  time  he  might  have  received  posses- 
sion of  said  Real  Estate  in  case  the  same  had  not  been  sold ;  tlie 
Interest  arising  on  the  said  principal  Sums  to  be  applied  for  the 
support  of  the  said  minors  or  otherwise  added  to  the  principal  as 
the  said  Judge  of  Probate  shall  direct.     [Passed  February  8. 


CHAPTEK    134. 


RESOLVE   IMPOWERING  DAVID   SANDERSON,  GUARDIAN,  TO   SELL  LAND 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  David  Sanderson  of  Petersham  in  the  County  of  Legislative 
Worcester  Guardian  of  Benjamin  Whitney  a  minor     Setting  forth,  councu,  xxix., 

That  the  said  Benjamin  is  possessed  of  about  thirty  acres  of  Land  ^ 

in  said  Petersham,  settled  on  him  by  the  Judge  of  Probate  for  the  naTpp''i56'^-2i5 
said  County  and  which  came  to  him  by  his  late  Father  Solomon  ais.' 
Whitney  That  the  said  Benjamin  Whitney  has  a  Family  to  sup- 
port, but  that  the  Land  aforesaid  is  so  disadvantageously  situated 
that  it  is  insufficient  for  that  purpose.  And  praying  that  he  may  be 
impowered  in  his  said  capacity  to  make  sale  of  the  said  Land  and 
apply  the  proceeds  of  the  sale,  under  the  inspection  of  the  Judge 
of  Probate,  to  the  purchasing  of  other  Land  for  the  said  minor. 

[Read  and] 

Resolved  [that] '  the  prayer  of  the  foregoing  Petition  be  granted, 
and  that  the  Petitioner  David  Sanderson  be  and  he  accordingly  is 
hereby  fully  impowered  to  sell  the  thirty  acres  of  Land  in  the  Peti- 
tion mentioned  (provided  the  minor  Benjamin  Whitney  hath  legal 
right  thereto)  and  make  and  execute  a  good  deed  thereof  to  the  pur- 
chaser; provided  also  that  the  said  David  do  the  same  under  the 
direction  of  the  Judge  of  Probate  for  the  County  of  Worcester  and 
shall  disijose  of  the  proceeds  of  the  sale  agreable  to  the  Petition 
for  the  benefit  of  said  minor  as  the  said  Judge  shall  order  &  direct. 
[Passed  February  8. 


CHAPTEE    135. 

RESOLVE  IMPOWERING  EDWARD  DAVIS,  GUARDIAN,  TO  SELL  LAND  AND 
MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Edward  Davis  of  Oxford  in  the  County  of  Worces-  Legislative 
ter  Guardian  of  Jeremiah  Shumeway  a  minor,  and  of  Abigail  Pierce  Records  ot  the 

,,  »     ,,  .   -,  .  r,         ,■  •'o  ,  mi  T  .     ,        r,i  Council,  XXIX., 

mother  ot  the  said  minor     Setting  forth     That  Jeremiah  Shume-  4ti4^ 

way  Father  of  the  said  minor  died  siezed  of  about  fifty  acres  of  House  Jour. 
Land  in  said  Oxford  with  a  House  standing  thereon;  to  which  the  Provlncl''' ^^^' 
said  minor  is  the  only  Heir     That  the  said  Land  is  destitute  of  ^^™^'i^'-'  ^■'^'• 
Wood  of  any  value  either  for  fuel  or  fencing ;  and  the  fences  thereon  "^    ''' 
are  out  of  repair,  as  also  the  said  dwelling  house    by  reason  whereof 
the  said  Estate  Rents  for  a  small  sum  of  money  only.  And  praying 
that  liberty  may  be  granted  to  make  sale  of  the  premises;  the  pro- 
ceeds of  the  sale  to  be  applied  agreable  to  Law. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  Edward  Davis  Esq'  be  and  he  accordingly  is 

'  Inserted  from  the  State  Library  copy.  Legislative  Records  of  the  Council,  xxix.,  470. 


686 


Province  Laws  {liesolves,  etc.). —  1772-73.     [Chap.  136.] 


hereby  fully  impowered  to  make  sale  of  the  minors  Estate  in  his 
Petition  mentioned  for  the  most  the  same  will  fetch  and  make  and 
execute  a  good  and  sufficient  deed  or  deeds  thereof,  he  observing 
the  rules  and  directions  of  the  Law  relative  to  the  sale  of  Real 
Estates  by  Executors  and  administrators  and  first  giving  sufficient 
security  to  the  Judge  of  Probate  for  the  County  of  Worcester  that 
the  proceeds  of  said  sale  shall  be  applied  as  followeth  viz'  two 
thirds  of  the  same  shall  be  immediately  put  to  Interest  for  the 
benefit  of  said  minor,  and  the  Interest  of  the  other  third  shall  be 
annually  paid  to  his  mother  Abigail  Pierce  in  lieu  of  her  dower 
during  her  natural  life,  and  immediately  after  her  decease  the  prin- 
cipal of  said  third  shall  be  paid  to  him  or  his  legal  Representatives, 
as  also  the  principal  and  interest  of  the  other  two  thirds  at  the  time 
in  which  by  Law  he  could  inherit  the  Estate  in  case  it  had  not  been 
sold.     [^Passed  February  8. 


CHAPTEE    136, 


Legislative 
Eecords  of  the 
Council,  xxix., 

465. 

House  Jour- 
nal, pp.  210, 213. 
Province 
Laws,  ii.,  151, 
cbap.  10. 


RESOLVE    IMPOWERING    HENRY    LEALAND,  GUARDLAN,   TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION   HST  REGAJID   TO  THE   PROCEEDS. 

A  Petition  of  Henry  Lealand  Guardian  to  John  Willson  Learned 
and  Benjamin  Learned  minors  and  Children  of  Elizabeth  Learned 
deceased  who  was  a  daughter  of  John  Willson  late  of  Sherborn  in 
the  County  of  Middlesex  Physician  deceased  intestate  Setting  forth, 
That  the  said  John  Willson  died  siezed  of  a  House  and  about  thirty 
acres  of  Land  in  said  Sherborn,  one  third  whereof  was  set  off  to  his 
Widow  as  her  dower,  and  the  remaining  two  thirds  were  assigned 
to  the  said  Elizabeth  Learned  and  to  Mary,  Alice,  and  Sarah,  his 
daughters,  as  Tenants  in  common  That  the  said  Mary,  Alice  and 
Sarah  have  disposed  of  their  interest  in  said  two  thirds  and  the 
remaining  quarter  part  of  the  said  two  thirds,  which  now  belongs 
to  the  said  minors,  cannot  be  set  ofE  to  them  and  fenced  without 
great  cost ;  besides  which  the  House  is  going  to  decay,  and  the  In- 
terest of  the  money  their  part  will  sell  for,  will  amount  to  more 
than  the  same  will  Rent  for.  And  praying  that  he  may  be  impow- 
ered to  make  sale  of  the  premises  for  the  benefit  of  the  minors. 

[Read  and] 

Resolved  that  the  Petitioner  be  and  he  is  hereby  impowered  to 
make  sale  of  the  shares  of  his  respective  Wards  in  the  Real  Estate 
in  his  Petition  mentioned  for  the  most  the  same  will  fetch,  and 
make  and  execute  a  good  and  sufficient  Deed  or  Deeds  thereof  to 
the  purchaser  or  purchasers ;  he  observing  the  rules  and  directions 
of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  adminis- 
trators and  giving  sufficient  security  to  the  Judge  of  Probate  &c 
for  the  County  of  Middlesex  that  the  money  arising  by  such  sale  be 
put  on  interest  and  the  Interest  also  be  annually  put  on  interest  on 
good  security;  the  said  principal  and  increase  thereof  to  be  paid  to 
said  minors  at  such  times  and  in  such  proportion  as  they  might  re- 
spectively inherit  said  Real  Estate  in  case  the  same  had  not  been 
sold.     [^Passed  Fehnwry  8, 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  687 


CHAPTER    137. 

RESOLVE   REFBREING  THE  PETITIONS  IN  REGARD  TO  NEW  PLYMOUTH  Legislative 

COLONY  LINE.  Records  of  the 

Council,  XXIX., 
467. 

Resolved  that  the  hearing  before  this  Court  on  the  Petitions  of  Legislative 
Jonathan  Thayer  and  others  and  Jonathan  Randall  and  others  [in  g^^^g'Jf  °*^'/^'' 
regard  to  the  New  Plymouth  colony  line]  which  was  to  have  been  420.  House 
had  on  the  morrow,  be  referred  till  Wednesday  the  16  instant,  if  pp^^f.^n. 
this  Court  shall  then  be  sitting,  otherwise  till  the  second  Wednes-  £™v'°'''*o-4 
day  of  the  next  sitting  of  the  General  Court,  by  reason  of  the  in-  notes.'  'Ante, 
disposition  of  the  Counsel  of  one  of  the  parties.    {^Passed  Fehruary  9.  ^' '''"''  ^''^p-'*- 


CHAPTEE    138. 

RESOLVE  ALLOWING   £6  AND  A  FURTHER  SUM    OF    £10.  16    TO    JOSHUA 
ELDRIDGE. 

A  Petition  of  Joshua  Eldridge  of  Falmouth  in  the  County  of  g^s'^'?"^f(>^ 
Cumberland  Praying  an  allowance  of  his  account  of  expences  in  council,  xxix., 

supporting  one  Thomas  Bulkley  a  native  of  Ireland  taken  sick  at  — . 

his  House  in  the  month  of  April  1770  and  also  an  allowance  of  the  naTpp!i45^2i4 
Doctors  Bill. 

[Read  and] 

Resolved  that  there  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  Joshua  Eldridge  the  sum  of  Six  pounds  in  full  discharge  of 
the  Doctors  Bill  for  attendance  and  medicines  for  Thomas  Bulkley 
mentioned  in  this  Petition;  also  the  further  sum  of  Ten  pounds, 
sixteen  shillings  in  full  discharge  of  said  Eldridge's  account  for 
Boarding  and  attendance  on  the  said  Thomas  Bulkley  as  set  forth 
in  said  Petition.     [Passed  February  9. 


CHAPTER    139. 

RESOLVE   ADJOURNING  COURTS  IN  BERKSHIRE   COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe-  Legislative 
rior  Court  of  Common  pleas  by  Law  are  to  be  holden  at  Pittsfield  councff  xxix^ 
in  and  for  the  County  of  Berkshire  on  the  last  Tuesday  of  February  469. 
instant:  and  whereas  a  number  of  the  Justices  of  said  Court  are  House  Jour- 
members  of  this  Court  which  it  is  probable  will  be  at  that  time  sit-  PTOvince"' 
ting ;  and  there  being  many  important  matters  depending  in  the  ^jf^'^'jg''  *^' 
said  last  mentioned  Court 

Resolved  that  the  said  Court  of  General  Sessions  of  the  peace  and 
Inferior  Court  of  Common  pleas  be  and  are  hereby  adjourned  to  the 
second  Tuesday  in  March  next,  and  that  every  matter  or  thing  that 
might  have  had  day  in  the  same  Courts  provided  they  had  not  been 
adjourned  shall  have  day  on  said  adjournment  and  be  acted  upon 
to  final  Judgment  and  Execution  to  all  intents  and  purjDoses  as  fully 
as  if  no  adjournment  had  taken  place.     [Passed  February  10. 


688  Province  Laws  {Resolves,  etc.).  — 1772-73.     [Chap.  140.] 


CHAPTEK    140. 

RESOLVE    CONFIRMING    EQUIVALENT    LAND    TO    JOSH*    FULLER    AND 
OTHERS. 

Records  of  the       WHEREAS  the  General  Court  on  the  11""  day  of  June  1771  granted 
Council, xxLx.,  to  Cap'  Joshua  Fuller  and  others  a  Township  of  Land'  (in  lieu  of 

*-^ a  Township  taken  from  them  by  the  settlement  of  the  boundaries  of 

na"p!i96""  this  Province  and  Newhampshire)  to  be  laid  out  adjoining  to  some 
^b"'''  \ii^^'  former  Grant,  but  so  it  happened  that  the  pilot  and  Committees 
who  went  to  lay  out  and  lot  said  Township  wore  deceived  by  taking 
a  Hunters  line  to  be  the  bounds  of  Sylvester  Canada,  so  called,  by 
means  whereof  said  Township  doth  not  adjoin  to  said  Sylvester  as 
was  intended  and  set  forth  in  a  Plan  thereof  accepted  and  confirmed 
on  the  22'*  day  of  April  last  and  whereas  application  hath  been 
made  to  this  Court  in  behalf  of  said  Fuller  and  associates  praying 
that  this  Court  would  disannul  the  former  plan  and  confirm  and 
establish  said  Township  agreable  to  the  j)lan  hereunto  annexed;  and 
the  present  situation  thereof  agreable  to  said  plan  being  such  that 
it  will  be  more  beneficial  to  the  Province  and  more  commodious  for 
TownshiiDS  that  may  hereafter  be  laid  out  adjoining  than  it  would 
have  been  if  it  had  adjoined  to  Sylvester,  or  had  it  remained  in  an 
angular  form  as  it  was  first  laid  out  in  order  to  correspond  with  said 
supposed  Sylvester  line:  Therefore 

Resolved  that  the  former  plan  of  tlie  Township  granted  to  the 
said  Joshua  Fuller  and  others  which  was  confirmed  and  established 
on  the  22*  of  April  last  as  aforesaid  be  null  and  void,  and  that  the 
plan  of  said  Township  hereunto  annexed  as  aforesaid  containing 
twenty  five  thousand  acres  (exclusive  of  the  usual  allowance  of  eight 
hundred  and  forty  acres  for  swag  of  chain  and  nineteen  hundred 
acres  for  Ponds  and  Eivers)  bounded  on  Province  Land  on  all  parts 
as  followeth  viz'  begining  at  a  hemlock  tree  two  hundred  and  fifty 
two  chains  from  the  Southwest  corner  of  Sylvester  Canada;  thence 
north  fourteen  degrees  West  seven  hundred  and  seventy  seven  chains 
to  a  Stake  and  Stones  thence  South  sixty  eight  degrees  thirty  min- 
utes West  three  hundred  and  sixty  chains  to  a  Stake  and  Stones, 
thence  South  fourteen  degrees  East  seven  hundred  and  seventy  seven 
chains  to  a  Stake  and  Stones,  thence  north  sixty  eight  degrees  thirty 
minutes  East  three  hundred  and  sixty  eight  chains  to  tlie  hemlock 
tree  first  mentioned  granted  as  aforesaid  to  the  said  Joshua  Fuller 
and  others  mentioned  in  their  Petition  be  accepted  and  hereby  is 
confirmed  to  the  said  Petitioners  their  Heirs  and  assigns  forever  in 
lieu  of  the  Laud  contained  in  the  Plan  disannulled  as  aforesaid,  they 
complying  with  tlie  following  conditions  viz'  the  Grantees  within 
seven  years  settle  sixty  Families  in  said  Township,  build  a  House 
for  the  public  worship  of  God  and  settle  a  learned  Protestant  min- 
ister, and  lay  out  one  sixty  fourth  part  of  said  Township  for  the 
first  settled  minister,  one  sixty  fourth  part  for  the  use  of  the  min- 
istry, one  sixty  fourth  part  for  the  use  of  a  School,  and  one  sixty 
fourth  part  for  the  use  of  Harvard  College  forever;  provided  it 
doth  not  exceed  the  quantity  aforementioned,  nor  interfere  with 
any  former  Grant. ^     {^Passed  Febriiary  11. 

'  Paris,  Maine.  —  Maine  Register.     Not  found  in  Maps  and  Plans. 
"^  The  final  action  on  this  chapter  not  found  in  the  House  Journal. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  689 


CHAPTEK    141. 

RESOLVE   GRANTING   500    ACRES   OF   EQUIVALENT    LAND    TO    ROSS    AND 
HEZEKIAH    WYMAN. 

A  Petition  of  Ross  Wyman  of  Shrewsbury  and  Hezekiah  Wyman  Legislative 
of  Woburn  Setting  forth,  That  their  Father  Seth  Wyman  was  an  coSncu^  xxtx* 
Ensign  under  Cap'  John  Lovewell  in  the  engagement  with   the  ^^'hiv^e'^' 
Indians  at  Pigwacket  in  the  year  1725   That  the   General   Court  cxym.,  ees. 
some  time  after  granted  to  the  oflficers  and  Soldiers  who  were  in  House  Jour, 
that  engagement  a  Tract  of  Land  for  a  Township  at  a  place  called  224.' ^J^'r™fnce' 
Suncook  as  a  gratuity  for  their  extraordinary  services;  which  Town-  Laws, xi., 434, 
ship,  after  the  Grantees  had  performed  the  duties  enjoined  by  the  ^jrfe.'p.^, 
Grant,  fell  into  the  Province  of  Newhampshire  upon  runing  the  «'i''p-»'^- 
line  between  that  Province  and  this.  And  praying  for  a  Grant  of 
unappropriated  Land  in  lieu  of  their  said  Fathers  interest  in  the 
said  Township. 

[Read  and] 

Resolved  that  their  be  Granted  to  Ross  "Wyman  &  Hezekiah  Wyman 
their  Heirs  and  assiggns  Five  Hundred  Acrees  of  Land  to  be  Laid 
out  in  the  unajipropriated  Lands  Belonging  to  this  Province  in  the 
westerly  part  thereof  to  Satisfy  the  Grant  in  the  Petition  mentioned, 
which  the  Said  Seth  Wyman  Deces''  Lost  in  Runing  the  Line  Betwen 
this  Province  and  New  Hampshire  and  that  the  Petitioners  at  their 
own  Cost  Cause  the  Same  to  be  Laid  out  by  a  Skillful  Surveyer  & 
Chainmen  under  Oath  and  Return  a  Plan  or  Plans  of  the  Same  to 
this  Court  for  Confirmation  within  Twelve  months.  [^Passecl  Feb- 
ruary 12. 


CHAPTEE  142. 

RESOLVE    DIRECTING    NOTICE    AND  STAY   OF   EXECUTION  ON  THE  PETI- 
TION  OF   GEORGE  DUDLEY   FOR   A   REHEARING    OF   AN   ACTION. 

A  Petition  of  George  Dudley  of  Stockbridge  in  the  County  of  SSf'^l?"^? .h 
Berkshire  Clothier  Setting  forth     That  he  having  received  a  piece  council,  xxix., 
of  Cloth  of  one  Elisha  Martindale  of  Lenox  in  the  said  County,  to  Archiv'es^^i'ix. 

dress,  refused  to  deliver  the  same  to  the  said  Martindale  without  sse^ 

payment  for  dressing  the  same,  which  the  said  Martindale  refused  Mass. 
to  make;  soon  after  which  the  Petitioners  Shop  was  broke  open  6S4-b9i.*' House 
and  the  said  Martindales  Clotli  and  four  other  pieces  of  Cloth  were  pp"i7g''223 
stolen;  whereupon  the  said  Martindale  brought  an  action  against 
him  for  damages,  at  an  Inferior  Court  of  Common  pleas  held  for 
the  said  County;  at  which  Court  he  obtained  his  case     That  the 
said  Martindale  appealed  to  the  then  next  Superior  Court;  at  which 
Court,  by  consent  of  the  Counsel  for  the  parties,  the  said  Case  was 
submitted  to  the  determination  of  the  Judges ;  three  of  whom  were 
of  opinion  that  the  Petitioner  had  not  a  right  to  detain  the  said 
Cloth  as  aforesaid,  but  the  Chief  Justice  was  of  a  different  opinion; 
by  which  Judgment  the  Petitioner  is  subjected  to  a  large  Bill  of 
costs  and  damages,  and  by  which  he  thinks  himself  greatly  ag- 
grieved. And  praying  that  Execution  on  the  said  Judgment  may 
be  staid,  and  that  he  may  be  allowed  a  Review  of  the  said  Cause. 

Read  and 


690  Province  Laws  (i?esoZi;es,ete.).  — 1772-73.  [Chaps.  143,  144.] 

Resolved  that  the  petitioner  Xotify  the  adverse  party  Elisha  Mar- 
tindale  by  Serving  him  with  an  attested  Copy  of  the  foregoing  Peti- 
tion and  tliis  order  thereon  that  he  may  have  Opertunity  on  the 
Second  Wednesday  of  the  next  Session  of  the  Gen'  Court  to  Shew 
Cause  (if  any  [he]  have[)]  why  the  prayer  thereof  should  not  be 
Granted  and  that  the  Execution  mentioned  in  Said  petition  be  Staid 
in  the  mean  time  provided  the  petitioner  Give  Sufficient  Security  to 
the  SherrifE  of  the  County  of  Berkshire  to  Eespond  the  Damages  and 
Costs  which  may  be  Recovered  Against  him  upon  another  tryal  if 
the  Same  Should  be  Granted.     \_Passed  February  12, 


CHAPTEE    143, 


chap.  82. 


RESOLVE    GRANTING    1,700    ACRES     OF    EQUIVALENT    LAND    TO    JOHN 
HILL,  ESQ". 

Records  of  the  A  PETITION  of  John  Hill  Esq"'  of  Boston  Setting  forth,  That 
^^ounci ,  XXIX.,  ijpQQ  j.^^QiQg  the  line  between  this  Province  and  the  Province  of 
Legislative  ^ew  hampsliire,  he  lost  Seventeen  hundred  acres  of  Land  which  fell 
Kecords  onhe  j^to  the  last  mentioned  Province  viz'  eight  hundred  and  fifty  acres 
7-2.  House  "  in  the  Township  number  seven  in  the  line  of  Towns,  and  the  like 
pp'i'iTel'd'is.  quantity  of  Land  in  the  Township  of  Peterborough  That  in  the 
cimn's'^'  y^^'"  l'^65  a  Gi-ant  of  Land  in  compensation  for  his  said  loss  passed 
the  two  Houses,  but  the  then  Governor  did  not  sign  the  same.  And 
praying  for  a  Grant  of  unappropriated  Land  in  satisfaction  for  his 
loss  aforementioned. 
[Read  and] 

Resolved  that  in  lieu  of  the  Lands  mentioned  in  the  Petition  there 
be  granted  to  the  Petitioner  his  Heirs  and  assigns  seventeen  hun- 
dred acres  of  the  unappropriated  Lands  belonging  to  this  Province 
to  be  laid  out  on  the  easterly  side  of  Saco  River  adjoining  to  some 
former  Grant,  and  that  a  plan  thereof  taken  by  a  Surveyor  and 
Chainmen  under  Oath  be  returned  into  the  Secretary's  office  within 
twelve  months  for  confirmation.      [Passed  February  15. 


CHAPTER    144. 

RESOLVE   GRANTING  TO  W"  GOODRICH  LICENCE   TO  KEEP  AN  INN. 
Legislative 

Records  ^the  ^  PETITION  of  William  Goodrich  of  Stockbridge  Setting  forth, 
497.  Mass.  *'  That  he  has  good  accommodations  and  his  House  is  well  situated 
Arc  ives, cxi.,  j^^,  ^j^^  entertainment  of  Travellers.  And,  as  the  time  by  Law  for 
jjagg  granting  Licenses  in  the  County  of  Berkshire  is  expired.  Praying 

Archives,  cxi.,  that  the  Court  of  General  Sessions  of  the  peace  for  the  said  County 
Journal,  p.  221.  at  the  next  Term  may  be  impowered  to  grant  him  a  License  for  that 
purpose. 
[Read  and] 

Resolved  that  the  Prayer  of  the  Petition  be  Granted  And  that  the 
Justices  of  the  Court  of  General  Sessions  of  [the]  '  Peace  for  the 
County  of  Berkshier  be  empowerd  at  there  next  Sessions  to  Grant 

'  Inserted  from  the  State  Library  copy.  Legislative  Records  of  the  Council,  sxix.,  .'iOS. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1772-73.  691 

the  withiu  named  William  Goodrich  licence  for  keeping  a  house  of 
Publick  Entertainment  Provided  the  Said  Goodrich  Obtain  the 
approbation  of  the  Selecmen  of  the  town  of  Stockbridge.'  \_Passed 
February  19. 


CHAPTEE    145. 

RESOLVE    IMPOWERING    RUTH    EAMES,   EXECUTRIX,   TO    EXECUTE    A 
DEED. 

A  Petition  of  Euth  Eames  Executrix  of  the  last  Will  and  Tes-  Legislative 
tament  of  Jonathan  Eames  late  of  Hopkinston  deceased     Setting  counci?  xx'ix! 
forth,  That  the  said  Jonathan  in  his  life  time  by  bargain  and  con-  603. 
tract  sold  a  certain  piece  of  Land  in  Framingham  containing  thirty  House  Jour, 
acres  to  his  Brother  Joseph  Eames  of  said  Framingham  for  and  in  .°.»'>pp-216,251, 
consideration  of  ten  acres  of  Land  which  lay  contiguous  to  the  Farm 
of  the  said  Jonathan,  and  of  the  sum  of  £37.13.4  lawful  money; 
which  bargain  and  sale  being  thus  made  and  concluded  on,  the  pur- 
chasers took  possession  of  the  said  pieces  of  Land  and  occupied  the 
same;  but  that  tlie  said  Jonathan  died,  suddenly,  without  executing 
a  deed  of  the  said  thirty  acres  of  Land  to  the  said  Joseph  Eames. 
And  praying  that  she  may  be  impowered  to  give  Deed  thereof  to 
the  said  Joseph  according  to  the  true  intent  of  the  said  bargain. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  the  Petitioner 
is  hereby  fully  impowered  to  execute  to  the  said  Joseph  Eames  a 
good  Deed  in  Law  of  the  said  thirty  acres  of  Land  as  prayed  for 
in  the  Petition,  which  Deed  so  made  shall  convey  said  Land  to  all 
intents  and  purposes  as  effectually  as  if  said  Deed  had  been  executed 
by  the  said  Jonathan  Eames  in  his  life  time,  provided  the  conditions 
of  the  bargain  in  the  Petition  mentioned  shall  have  been  on  the  part 
of  the  said  Joseph  Eames,  according  to  the  true  intent  and  mean- 
ing of  said  bargain,  fulfilled  &  performed.     \_Passed  February  22. 


CHAPTER  .146. 

RESOLVE  IMPOWERING  JOSEPH  WARREN,  ADM=,  TO  SELL  REAL  ESTATE 
AND  MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Joseph  Warren  of  Boston  in  the  County  of  Suf-  ^''?'^^?*'^?th 
folk  Physician  administrator  of  the  Estate  of  Nathaniel  Wheelwright  councif,  xxix., 

late  of  said  Boston  Esq'  deceased  intestate    Setting  forth    That  the  ^^ 

Estate  of  the  said  deceased  is  insufficient  to  pay  his  just  debts  and  nai"pp'M9''252 
has  been  represented  Insolvent     That  at  an  Inferior  Court  of  Com-  Province 
mon  pleas  held  at  Ipswich  in  and  for  the  County  of  Essex  in  March  chapf'io.'     ' 
1768  the  Petitioner  recovered  against  Joseph  Dowse  the  possession  of 
a  certain  wooden  dwelling  house  with  about  one  acre  and  an  half 
of  Land  thereto  adjoining  situate  and  lying  in  Salem  in  the  County 
of  Essex  That  the  time  of  redemption  of  the  said  premises  is  expired 
and  the  time  for  any  appeal  or  Eeview  is  past,  so  that  nothing  is 
now  in  the  way  to  hinder  the  sale  of  the  premises  and  applying  the 
proceeds  of  sale  to  the  purposes  of  the  administration  aforesaid. 

'  The  final  action  on  this  chapter  not  found  in  the  House  Journal. 


692 


Province  Laws  {Resolves, etc.).  — 1772-73.     [Chap.  1-17.] 


And  praying  that  he  may  be  impowered  to  make  sale  of  the  premises 
accordingly. 

[Read  and] 

Resolvecli\ia,i  the  i^rayerof  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  sell  the  House  and  Land  iu  his  Petition  mentioned  and  make  and 
execute  a  good  and  sufficient  deed  or  deeds  thereof;  he  observing 
the  rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates  by 
Executors  and  administrators  and  first  giving  sufficient  security  to 
the  Judge  of  Probate  for  the  County  of  Suffolk  that  the  proceeds 
of  such  sale  shall  be  applied  for  the  payment  of  the  Debts  of  the 
deceased  agreable  to  Law.     \_Passed  February  22. 


CHAPTER    147. 

RESOLVE  APPOINTING  A  COMMITTEE  ON  THE  VALUATION  OF  A  POR- 
TION OF  THE  LAND  CONTAINED  IN  THE  PLAN  NOW  OFFERRED  FOR 
CONFIRMATION. 


Legislative 
Records  of  the 
Council,  xxlx., 
505.    Mass. 
Archives,  xlv., 
682. 

House  Jour- 
nal, pp.  199,252, 
253.    Ante, 
p.  587,  chap. 
115. 


A  Plan"  of  two  hundred  acres  of  Land  laid  out  to  satisfy  a  Grant 
made  to  the  Rev"*  George  Throop  was  presented  for  allowance,  bounded 
as  follows  viz'  "begining  at  the  northwest  corner  of  a  Grant  called 
Furnass's  Grant  and  runing  South  18°  30"  West  218  rods,  from  thence 
S  71°  30"  E  144  rods  to  Blanford  line,  thence  n  18°  30"  E  236  rods 
on  Blanford  Line  to  the  nE  corner  of  said  Grant;  from  thence  to 
the  first  station."     whereupon  the  following  Order  passed  viz' 

Whereas  the  General  Court,  at  their  Session  in  April  1773,  in  Con- 
sideration of  the  pious  Labours  of  M'  George  Throop,  among  a  Num- 
ber of  poor  People  in  a  Plantation  called  Tyringham  Equivalent, 
did  grant  to  the  said  George  Throop  Two  Hundred  Acres  of  the 
unappropriated  Land  called  Furnass's  Grant,  belonging  to  the  Prov- 
ince, in  said  Plantation,  To  have  &  to  hold  to  him  the  said  George 
Throop,  his  Heirs  &  Assigns,  on  Condition  he  should  continue  to 
preach  the  Gospel  to  the  PeojDle  aforesaid,  for  the  Term  of  five 
Years,  from  the  eighteenth  of  said  Month  of  April,  or  until  his 
Death,  in  Case  it  should  happen  within  the  said  Term: 

And  whereas  Ephraini  Pelton,  late  of  Granville,  in  the  County 
of  Hampshire,  Yeoman,  hath  represented  that  he  had  made  con- 
siderable Improvements  on  a  Part  of  said  Land,  prior  to  the  Grant 
thereof  to  the  said  George  Throop  as  aforesaid,  and  hath  prayed  the 
Consideration  of  this  Court  tliereon:  Therefore 

Resolved,  That  John  Chadwick  and  Daniel  Brown  Esq"  and  Isaac 
Garfield,  be  and  hereby  are  authorised  and  impowered  to  estimate 
and  determine  what  was  the  real  Value  of  Eighty  Acres  of  said  Land, 
in  it's  original  and  unimproved  State,  lying  together  and  in  one  Piece, 
and  including  the  Land  on  whicli  the  Improvements  have  been  made 
as  aforesaid;  and  that  the  same  be  and  hereby  is  granted  to  the  said 
Ephraim  Pelton,  his  Heirs  &  Assigns,  on  Condition  that  he  shall 
pay  to  the  said  George  Throop  such  Sum  or  Sums  of  Money  as  said 
eighty  Acres  shall  have  been  estimated  at  as  aforesaid ;  and  that  the 
Remainder  of  said  Two  Hundred  Acres,  contained  in  a  Plan  now 
returned  to  this  Court,  by  the  said  George  Throop,  for  Confirma- 
tion, be  and  hereby  is  confirmed  to  him,  his  Heirs  &  Assigns,  on 
the  Conditions  expressed  in  the  Grant  made  on  the  eighteenth  Day 
of  April,  1772,  as  aforesaid.     {^Passed  February  23. 


[2d  Sess.]     Province  hAws  (Resolves,  etc.) .  —  1772-73.  693 


CHAPTER    148. 

ORDER  IMPOWERING  RACHEL  MACY  TO   SELL  LAND  AND   MAKING  PRO- 
VISION  IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Rachel  Macey  Widow  of  Jabez  Macy  jun''  late  of  g^^'^'j"^?,^ 
Nantucket  deceased     Praying  that  she  may  be  impowered  to  make  Council,  xxix., 

sale  of  a  piece  of  Land,  about  eighteen  square  rods,  in  the  Town  ^^ 

of  Sherborne  on  Nantucket,  of  which  her  said  Husband  died  siezed  Reforcis'onhe 
[Read  and]  council,  xxix., 

Ordered  that  the  prayer  thereof  be  granted,  and  that  the  Peti-  jdumai"^** 
tioner  be  and  she  accordingly  is  hereby  fully  impowered  to  make  ^^o^^ind^^" 
sale  of  the  small  piece  of  Land  in  her  Petition  mentioned  for  the  Law8,ii.,i5i, 
most  the  same  will  fetch,  and  make  and  execute  a  good  deed  thereof,  "  ^^' 
provided  she  observes  the  rules  of  the  Law  for  the  sale  of  Real  Estates 
by  Executors  and  administrators  and  first  give  sufficient  security  to 
the  Judge  of  Probate  for  the  County  of  Nantucket  that  all  the  just 
debts,  if  any,  of  her  late  husband  be  first  paid  out  of  the  proceeds 
of  the  sale,  and  the  residue  be  applied  for  the  support,  education 
and  future  benefit  of  said  Child  as  in  the  Petition  prayed  for. 
[Passed  February  24. 


CHAPTER    149. 

RESOLVE    ALLOWING    £26.  6.  8  TO    EBEN"   &    SILAS    HATHEWAY,  EXEC^s. 

A  Petition  of  Ebenezer  Hatheway  and  Silas  Hatheway  of  Free-  Legislative 
town  in  the  County  of  Bristol  Executors  of  the  last  Will  and  Testa-  counc*!?,  xx*u. 
ment  of  their  late  Father  Ebenezer  Hatheway  late  of  said  Freetown  608. 
Esq'  deceased    Setting  forth  That  their  said  Father  in  October  1741  House  Jour- 
jjurchased  of  the  Province  two  tracts  of  Land  lying  in  the  Town  of  provin<i^' ^^' 
Plymouth,  one  containing  six  hundred  acres  and  the  other  one  thou-  Jjfj^^'ip'g^^"' 
sand  acres,  for  which  he  paid  two  hundred  &  eighty  pounds  to  Edward  chap!  lo.'     ' 
Hutchinson  Esq'  the  then  only  surviving  Trustee  of  the  Province  for 
the  first  fifty  thousand  pounds  loan,  so  called,  as  by  his  Deed  ap- 
pears    That  before  the  date  of  the  said  deed  and  ever  since,  one 
half  of  the  said  six  hundred  acres  hath  been  lawfully  possessed  by 
the  Heirs  of  one  Jirch  Swift;  which,  one  half,  is  more  than  equal 
in  value  to  one  quarter  part  of  the  whole  of  the  Land  purchased  as 
aforesaid.  And  praying  the  consideration  of  this  Court. 

[Read  and] 

Resolved  that  there  be  granted  and  paid  out  of  the  public  Treasury 
to  Col°  Thomas  Gilbert  for  the  use  of  the  Petitioners  Ebenezer  and 
Silas  Hatheway,  twenty  six  pounds,  six  shillings  and  eight  pence  in 
full  satisfaction  for  the  loss  of  three  hundred  acres  of  Land  men- 
tioned in  said  Petition  that  their  Father  Ebenezer  Hatheway  late 
of  Freetown  deceased  purchased  of  Edward  Hutchinson  Esq'  then 
Trustee  for  the  Province.     [Passed  February  24. 


694:  Province  Laws  (i?e5oZues,ete.).  — 1772-73.  [Chaps.  150,  151.] 


CHAPTER    150. 

RESOLVE  IMPOWERING  CAPf  JOSEPH  BARNEY  &  OTHERS  TO  SELL  REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE  PROCEEDS. 

Reoords'of  the       "^  Petitiost  of  Joseph  Barney  and  others  a  Committee  of  the 
Council,  xxix.,  Town  of  Rehoboth  in  the  County  of  Bristol     Praying  that  they 

— may  be  impowered  to  make  sale  of  a  certain  tract  of  Land  in  said 

naTiipl'ase'^aei.  Rehoboth  containing  about  fifteen  acres  which  was  purchased  by 

proYince  the  Said  Town  of  one  Nathaniel  Smith  by  order  of  the   General 

ciiap.'io-'xii.',    Court,  and  the  income  tliereof  af)propriated  by  the  said  Court  for 

28, chap. 62.       ^^j^Q  ^^gg  Qf  Schooling  in  the  said  Town;  alledging  that  the  Buildings 

on  the  said  Land  are  gone  to  decay  and  the  Land  so  impoverished 

that  the  Rent  falls  short  of  the  interest  of  the  money  the  same  will 

now  sell  for. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  be  and  they  accordingly  are  hereby  fully  impow- 
ered to  make  sale  of  the  Estate  in  their  Petition  mentioned  for  the 
most  the  same  will  fetch,  and  make  and  execute  a  good  deed  of  the 
same,  provided  that  whatsoever  they  do  relative  to  the  same  shall 
be  done  by  the  votes  and  directions  of  the  Town  of  Rehoboth  at  a 
meeting  or  meetings  wherein  the  Inhabitants  shall  be  notified  of 
the  same  agreable  to  Law  and  provided  the  proceeds  be  put  to  In- 
terest and  the  Interest  shall  be  applied  for  the  maintenance  of  a 
School  or  Schools  in  said  Town  and  until  the  said  Town  shall  apply 
the  principal  for  the  purchasing  other  Land  for  the  maintenance  of 
a  School  or  Schools  in  said  Town  agreable  to  the  design  of  said  Town 
in  the  purchase  of  the  Land  now  ordered  to  be  sold.  [^Passed  Feb- 
ruary 25. 


CHAPTER    151. 

RESOLVE  CONFIRMING   THE   LINE   BETWEEN  NEW   SALEM  NEW  GRANT 
AND   CAPT  JOHN  ERVING'S   GRANT. 

Records'ofthe  WHEREAS  the  General  Court  on  the  S^"*  day  of  February  A  D  1743 
Council,  xxix.,  confirmed  a  plan  of  a  Tract  of  Land  granted  to  the  Proprietors  of 
New  Salem,  provided  it  doth  not  exceed  the  quantity  of  four  thou- 


na), pp.256, ' -  -  -    , 

Province  of  this  Court)  to  Contain  four  thousand  three  hundred  and  six  acres 

330,  chap. 240;    and  an  half,  exclusive  of  an  allowance  of  one  hundred  and  fifty  acres 

aj^'Mi'.^chapF"  for  ^  Pond  in  said  Grant,  and  that  no  more  than  four  thousand  acres 

134.  Ante,        dotli  belong  to  the  said  proprietors  by  the  Grant  aforesaid     it  also 

*"'     ■"    P-    •  appears  by  said  plan  that  the  tract  of  Land  sold  by  order  of  the 

General  Court  to  the  hon'''''  John  Erving  Esq'  A  D  1751  (adjoining 

to  New  Salem  Grant  aforesaid)  contains  but  twelve  hundred  forty 

five  acres  and  seventy  rods;  it  being  seven  hundred  fifty  four  acres 

and  ninety  rods  short  of  the  two  thousand  acres  of  Land  sold  to 

said  Erving  (exclusive  of  Fairbanks  and  Sons  Grant)  Therefore 

Resolved  that  the  dividing  Line  between  New  Salem  new  Grant 
and  the  Land  sold  to  said  Erving  as  beforementioned  be  confirmed 
as  follows  viz'  begining  at  a  white  Oak  stake  in  the  north  line  of 
New  Salem  old  grant  nine  hundred  sixty  three  rods  E  one  deg  n 


[20  Sess.]     Province  Laws  {^liesolves,  etc.).  —  1772-73.  695 

from  a  hemlock  tree  at  the  northwest  corner  of  New  Salem  old 
grant,  then  runing  from  the  Stake  aforesaid  north  five  hundred  & 
eighty  five  rods  to  a  Stake  on  the  bank  of  Miller's  Eiver,  with  the 
allowance  of  one  rod  in  thirty  for  Swag  of  Chain  and  that  there 
be  paid  out  of  the  Province  Treasury  to  said  Erving  the  sum  of  one 
hundred  thirty  one  pounds,  five  shillings  in  full  compensation  for 
the  deficiency  of  the  Land  he  purchased  as  aforesaid.  And  that  there 
be  refunded  to  said  Erving  out  of  said  Treasury  the  sum  of  eight 
pounds,  sixteen  shillings  and  three  pence  for  the  charges  he  has 
been  at  to  run  the  Lines  and  ascertain  the  bounds  of  the  Land  he 
purchased  as  aforesaid.  And  that  there  be  paid  out  of  the  said  Treas- 
ury to  M'  Samuel  Hinsdale,  to  repay  him,  what  he  paid  a  Surveyor 
and  Chainmen  for  measuring  the  aforementioned  Lands  and  run- 
ing the  Lines  relative  to  the  same,  and  for  his  service  in  assisting 
said  Surveyor  and  Chainmen  in  doing  said  service  the  sum  of  twelve 
pounds,  nine  shillings  and  two  pence.  And  that  there  be  also  paid 
to  M'  Josiah  Pierce  for  his  assisting  said  Surveyor  and  Chainmen 
in  doing  said  service  the  sum  of  four  pounds,  seventeen  shillings 
and  seven  pence.  And  that  there  be  paid  to  Cap'  Ephraim  Doolittle 
for  assisting  in  the  same  service  the  sum  of  fifteen  shillings  and  one 
penny.     [Passed  February  26. 


CHAPTEE    152. 

RESOLVE  IMPOWERING  JAMES  ROBINSON  AND  MARY  FOSTER,  ADMIN- 
ISTRATORS, TO  SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO 
THE   PROCEEDS. 

A  Petition  of  James  Eobinson  and  Mary  Foster  administrators  Legislative 
of  the  Estate  of  James  Foster  late  of  Dorchester  in  the  County  of  g^™/c1f,  xx'x®, 
Suffolk  Gent"  deceased.   Praying  that  they  may  be  impowered  to  sis. 
make  sale  of  ten  acres  and  an  half  of  pasture  Land  belonging  to  House  .Jour, 
the  Estate  of  the  said  deceased  to  enable  them  to  pay  his  just  debts;  ProVmce  ' 
notwithstanding  they  have  personal  Estate  in  their  hands  consist-  Jjfa^^'/o'"^^^' 
ing  of  Stock,  utensils  and  House  furniture  to  the  amount  of  £219, 
liable  by  Law  to  be  sold  for  that  purpose ;  which  personal  Estate  is 
absolutely  necessary  for  carrying  on  the  business  of  the  Farm  and 
the  support  of  the  Family  of  the  deceased. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  they  are  hereby 
impowered  to  make  sale  of  the  ten  acres  and  an  half  of  pasture 
Land  in  the  Petition  mentioned  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  and  sufficient  deed  or  deeds  thereof 
to  the  person  or  persons  purchasing  the  same,  they  observing  the 
rules  of  the  Law  for  tlie  sale  of  Real  Estates  by  Executors  and  ad- 
ministrators and  giving  sufficient  security  to  the  Judge  of  Probate 
for  the  County  of  Suffolk  that  the  jsroceeds  of  such  sale  be  applied 
for  the  payment  of  said  debts,  and  that  the  residue,  if  any,  be  dis- 
posed of  for  the  benefit  of  the  Heirs  to  said  Estate  according  to  Law. 
[Passed  February  26. 


696 


Province  Laws  (iiesoZves,  efc. ) .  — 1772-73.  [Chaps.  153,  154.] 


CHAPTEK    153, 


RESOLVE  IMPOWERING  JACOB  ELIOT,  EXECUTOR,  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  xxix., 
519.    Mass. 
Archives,  xlv., 
670. 

Mass. 

Archives,  xlv., 
669.    House 
Journal, 
pp.  258,  -.-es. 
Province 
Laws,  ii.,  151, 
chap.  lu. 


A  Petition  of  Jacob  Eliot  of  Lebanon  in  the  Colony  of  Connect- 
icut Gen'  Executor  of  the  last  Will  and  Testament  of  Jacob  Eliot 
late  of  said  Lebanon  Clerk  deceased  Setting  forth,  That  the  per- 
sonal Estate  of  the  said  deceased  is  not  sufficient  to  jDay  his  just 
debts  by  the  sum  of  £144:. 9. 2  That  among  the  Real  Estate  of  the 
deceased  there  are  some  small  parcels  of  Land  lying  in  the  different 
Towns  of  Brooklyne,  Dorchester  and  Boston  in  the  County  of  Suf- 
folk in  this  Province  which  can  be  spared  by  those  interested  with 
much  greater  convenience  than  any  of  the  said  deceaseds  Real  Estate 
lying  in  Connecticut.  And  jiraying  that  he  may  be  impowered  to 
make  sale  of  the  Real  Estate  of  the  said  deceased  which  lyes  in  the 
County  of  Suffolk  aforesaid  for  the  purpose  of  paying  the  said  debts 
as  far  as  it  will  go. 

[Read  and] 

Resolved  that  the  Prayer  thereof  be  granted  and  the  Petitioner 
is  hereby  empowered  to  sell  the  Real  Estate  in  his  Petition  men- 
tioned, being  in  the  county  of  Suffolk,  for  the  most  the  same  will 
fetch  and  make  and  execute  good  and  sufficient  Deed  or  Deeds 
thereof  to  the  Person  or  Persons  purchasing  the  Same  He  observ- 
ing the  Laws  of  this  Province  for  the  sale  of  Real  Estates  by  Exec- 
utors and  administrators,  and  giving  sufficient  Security  to  the  Judge 
of  Probate  for  the  county  of  Windham  and  Colony  of  Connecticut, 
that  the  Proceeds  of  said  sale  be  apjilied  for  the  Purposes  in  this 
Petition  mentioned.     [^Passed  February  26. 


Legislative 
Records  of  the 
Council,  xxix., 

620^ 

House  Jour. 
nal.pp.lM,  261. 
Province 
Laws,  ii.,  151, 
chap.  10. 


CHAPTBE    154. 

RESOLVE    IMPOWERING    HANNAH    WATTS,   GUARDIAN,    TO    SELL    LAND 
AND   MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Hannah  Watts  of  Boston  Widow  of  Bellingham 
Watts  deceased  and  Guardian  to  his  three  Children,  namely,  Bel- 
lingham, Samuel  and  Hannah,  minors  Setting  forth,  That  her 
said  Husband  died  about  four  years  and  an  half  ago,  leaving  her 
with  three  young  Children  without  any  thing  to  support  or  bring 
them  up;  since  which  time  the  hou"'''  Samuel  Watts  Esq'  Grand- 
father of  the  said  minors  has  died,  and  in  the  division  of  whose  Real 
Estate,  lately  made,  there  hath  been  set  off  to  the  said  minors  Real 
Estate  estimated  at£440  That  she  has  with  greatfatigueand  trouble, 
and  without  any  assistance  from  her  husbands  Relations,  endeav- 
oured hitherto  to  support  her  Children  and  thereby  has  greatly  in- 
volved herself,  and  that  there  is  a  considerable  sum  of  money  now 
due  to  the  Doctor  for  her  Children's  sickness.  And  praying  that 
she  may  be  impowered  to  make  sale  of  a  small  piece  of  Salt  marsh 
at  Cherry  Island  and  part  of  some  meadow  Laud  in  Chelsea  (which 
may  be  disposed  of  without  any  detriment  to  the  said  minors  other 
Real  Estate)  for  her  relief. 

[Read  and] 


[2d  Sess.J     Province  Laws  (Resolves,  etc.).  — 1772-73.  697 

Resolved  that  the  prayer  thereof  be  so  far  granted  as  that  the  Peti- 
tioner be  and  she  is  hereby  impowered  to  make  sale  of  the  small 
piece  of  Salt  marsh  mentioned  in  her  Petition  for  the  most  the  same 
will  fetch,  and  make  and  execute  a  good  &  sufficient  deed  or  deeds 
thereof  to  the  purchaser  or  purchasers,  she  observing  the  rules  of 
the  Law  for  the  sale  of  Real  Estates  by  Executors  and  administra- 
tors and  giving  sufficient  security  to  the  Judge  of  Probate  for  the 
County  of  SiiSolk  that  the  money  arising  by  said  sale  be  applied 
for  the  present  and  future  benefit  and  support  of  the  Heirs  to  said 
Estate,  and  that  she  will  duly  account  with  the  said  Judge  of  Pro- 
bate for  the  same.     [Passed  February  37. 


CHAPTEE    155. 

RESOLVE    ALLOWING    £6.  15.  11    TO    THE    COMMITTEE    APPOINTED    TO 
REPORT   ON  THE   FIRE  IN   THE  TOWN   OF  SANDWICH. 

In  the  House  of  Representatives  LegiBiative 

Resolvd  that  there  be  allowd  &  paid  out  of  the  publick  Treasury  councif  xxix? 
to  M''  Isaac  Lothrop  Thomas  Gilbert  Esq'  &  JP  Benjamin  Freeman,  532.  Mass. 
the  Committee  sent  by  this  House  at  the  last  Session  of  this  Court  ixxxvii.,'ii6. 
to  view  &  report  a  true  State  of  the  Sufferers  by  the  fire  which  hap-  House  Jour- 
pend  in  the  Town  of  Sandwich  in  the  month  of  June  last,  the  Sum  nai.pp.si.ai, 
of  Six  pounds  fifteen  shillings  &  Eleven  pence  in  full  for  their  Ex- 
pences  in  that  Service. 

In  Council  read  &  Concurred.     [Passed  March  3. 


CHAPTER    156. 

RESOLVE    IMPOWERING    GEORGE    BLIN,   ADM",  TO    SELL    REAL    ESTATE 
AND   MAKING  PROVISION  IN   REGARD  TO  THE   PROCEEDS. 

A  Petition  of  George  Blin  of  Boston  in  the  County  of  Suffolk  Legislative 
merchant  administrator  of  the  Estate  of  William  Blin  late  of  said  councif.xxix., 

Boston  deceased     Setting  forth  That  the  said  William  Blin  died  ?!Z^ 

siezed  of  a  parcel  of  Land  with  a  Brick  messuage  thereon  situate  House  Jpur- 

ji/~iiTT  •  -TTi  •!•  nal,  pp.  214, 283, 

near  the  Court  House  m  said  Boston  with  its  apjrartenances,  leav-  284.  Province 
ing  the  Petitioner  and  the  Children  of  his  daughter  Margaret  Flagg  chr^!'io.''  ^^' 
as  his  only  legal  Heirs  and  Representatives  That  the  Real  Estate 
aforesaid  is  in  a  ruinous  state  and  is  subjected  by  mortgage  to  the 
payment  of  a  considerable  sum  of  money  and  that  many  of  the  Chil- 
dren of  the  said  deceaseds  daughter  Margaret  Flagg  are  very  young 
and  unable  to  support  themselves,  and  that  all  of  them  are  minors. 
And  praying  that  he  may  be  impowered  to  make  sale  of  the  Real 
Estate  aforesaid ;  he  accounting  with  the  Judge  of  Probate  for  the 
County  aforesaid  for  the  said  minors  shares  in  the  premises. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impow- 
ered to  make  sale  of  the  premises  in  his  Petition  mentioned  for  the 
most  the  same  will  fetch,  and  make  and  execute  a  good  and  suffi- 
cient Deed  or  Deeds  thereof,  he  observing  the  rules  and  directions 
of  the  Law  relating  to  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  first  giving  sufficient  security  to  the  Judge  of 


698 


Province  ljkvi&  {Resolves,  etc.).  — 1772-73.  [Chaps.  157,  158.] 


Probate  for  the  County  of  Suffolk  that  the  proceeds  of  said  sale 
shall  be  applied  first  to  discharge  all  debts  due  from  said  Estate  and 
that  such  proportion  of  the  remainder  shall  be  immediately  paid  to 
the  Guardian  or  Guardians  of  the  respective  Heirs  to  be  upon  In- 
terest for  their  benefit  as  they,  the  said  Heirs,  could  by  Law  inherit 
in  case  the  said  Estate  had  not  been  sold ;  their  several  shares  to  be 
paid  to  them  as  they  shall  respectively  arrive  to  lawful  age  or  at  the 
time  of  marriage.     {^Passed  March  4. 


House  Jour- 
nal, pp.40, 41, 

2!<0,  284,  385. 
Ante,  p.  622, 
chap.  9. 


CHAPTER    157. 

RESOLVE  CONFIRMING  A   PLAN   OF    500    ACRES    OF   EQUIVALENT    LAND 
TO   FRANCIS   FULLAM. 

Legislative  ^  Plan  of  a  Tract  of  Land  laid  out  to  satisfy  a  Grant  of  five  bun- 

Records  of  the  .-r-in  1...H1  f    T  1  1 

Council,  xxi.\.,  dred  acres  made  to  l^rancis  l^uUam  tlie  11""  day  oi  June  last,  taken 
by  a  Surveyor  and  Chainmen  under  Oath,  was  presented  to  the  Court, 
together  with  a  Petition  from  the  said  Francis  Fullam  praying  that 
the  said  plan  may  be  accepted,  and  the  Land  therein  contained  con- 
firmed to  him     whereupon  the  following  Order  passed  viz' 

Resolved  that  the  Plan  of  five  hundred  acres  of  Land  hereunto 
annexed,  delineated  and  described  as  follows  viz'  begining  at  the 
Southwest  corner  of  Jones's  Grant,  so  called,  and  runing  W  6  deg' 
n  one  hundred  and  ninety  seven  rods,  thence  S*"  6°  W  one  hundred 
and  fifty  rods,  thence  E  6°  S  two  hundred  and  fifty  two  rods,  thence 
S  6°  W  forty  rods,  thence  E  6°  S  eighty  rods,  thence  S  6°  W  eighty 
rods,  thence  E  6°  S  one  hundred  rods,  thence  n  6°  E  two  hundred 
and  seventy  rods  to  the  South  line  of  said  Jones's  Grant,  thence  W 
6°  n  on  said  line  two  hundred  and  forty  rods  to  the  first  mentioned 
bounds,  be  accepted  and  hereby  is  confirmed  unto  Francis  Fullam 
his  Heirs  and  assigns  forever  in  full  satisfaction  for  his  proportion 
of  the  Grant  in  his  Petition  mentioned,  which  he  lost  by  the  run- 
ing Newhampshire  line ;  provided  that  it  doth  not  exceed  the  quan- 
tity of  five  hundred  acres,  nor  interfere  with  any  former  Grant. 
[Passed  March  5. 


CHAPTER    158. 


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


Re^'rds'^nhe       ^  PETITION  of  Joscph  Sabin  of  Dudley  in  the  County  of  Worccs- 
councii,  xxix.,  tcr  Yeoman  Setting  forth     That  M'  John  Weld  late  of  Sturbridge 

^ in  the  said  County  Yeoman  deceased  by  his  last  Will  and  Testament 

miTpp'u™44  duly  proved  and  approved  gave  to  his  daughter  Dorothy,  then  Wife 
147.'  Province  of  the  Petitioner,  and  to  her  Heirs  sixty  nine  acres  and  twenty  eight 
cha'p.io.''  '  rods  of  wild  unimproved  Land  lying  in  said  Sturbridge,  at  a  dis- 
tance from  any  public  place  of  resort  That  the  said  Dorothy  is 
now  dead'  and  has  left  one  Heir  only,  a  minor  of  about  eleven  years 
of  age,  and  that  the  said  tract  of  Land,  under  its  present  circum- 
stances, cannot  be  of  any  advantage  to  the  said  minor.  And  praying 
that  he  may  be  impowered  in  his  capacity  of  Guardian  to  the  said 
minor  to  make  sale  of  the  premises. 


[2d  Sess.]     Pbovince  Laws  {Resolves,  etc.).  — 1772-73.  699 

[Eead  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  is  hereby  impowered  to  make  sale  of  the  Real 
Estate  in  the  Petition  mentioned  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  and  sufficient  Deed  or  Deeds  of  the 
same  to  the  purchaser  or  purchasers,  he  observing  the  rules  and 
directions  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and 
administrators  and  giving  sufficient  security  to  the  Judge  of  Pro- 
bate for  the  County  of  Worcester  that  the  money  arising  by  said 
sale  be  put  on  Interest,  and  Interest  and  principal  paid  to  the  Heir 
to  said  Estate  at  sucli  time  as  said  Heir  would  have  inherited  said 
Estate  in  case  the  same  had  not  been  sold.     \_Passed  March  5. 


CHAPTER    159. 

ORDER   ADVANCING   COURTS   IN  MIDDLESEX  COUNTY. 

Whereas  it  is  represented  to  this  Court  that  there  is  more  busi-  Leg'Biative 

,  ,      ,       .  J     T      .    J 1  i    o  •        /-<         i      J!  RecordB  of  the 

ness  than  common  to  be  transacted  at  the  next  Superior  Court  oi  council,  xxix., 

Judicature,  Court  of  assize  and  General  Goal  delivery  to  be  holden  ^ 

at  Charlestown  within  and  for  the  County  of  Middlesex  on  the  second  "ai"p';  f  "y"'" 
Tuesday  of  April  next,  and  tlie  same  Court  is  by  Law  to  be  holden  Province 
at  Worcester  within  and  for  tlie  County  of  Worcester  on  the  third  Jifa^fn.''^ ' 
Tuesday  of  the  same  month;  by  which  great  inconvenience  and 
charge  may  happen  to  the  Inhabitants  of  the  County  of  Middlesex. 
It  is  therefore 

Ordered  that  the  said  Superior  Court  of  Judicature,  Court  of 
Assize,  and  General  Goal  delivery  by  Law  to  be  holden  at  Charles- 
town  within  and  for  the  County  of  Middlesex  on  the  second  Tues- 
day of  April  next,  shall  be  holden  at  Charlestown  within  and  for 
the  said  County  this  year  on  the  first  Tuesday  of  April  next,  and 
that  all  Writs,  processes  &  Recognizances  returnable  to  and  all  ap- 
peals made  to  the  said  Superior  Court  of  Judicature  Court  of  assize 
and  General  Goal  delivery  by  Law  appointed  to  be  held  at  Charles- 
town, and  all  matters,  causes  and  things  that  have  day  or  that  might 
have  been  had,  moved  or  done  at,  in  or  by  the  said  Court  at  the 
time  so  appointed  for  holding  the  same,  sh.'ill  be  returnable  to  and 
may  be  entered,  prosecuted  had,  moved  and  done  at  in  and  by  the 
said  Court  at  the  time  hereby  appointed  for  holding  the  same.  And 
that  the  SherrifE  of  the  County  of  Middlesex  shall  take  effectual  care 
that  this  Order  be  forthwith  published  and  made  known  through  the 
County  aforesaid.     [Passed  March  5. 


CHAPTER    160. 

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

A  Petition  of  Mary  Winchester  Widow  of  Isaac  Winchester  late  Legislative 
of  Brookline  in  the  County  of  Suffolk  deceased  and  Executrix  of  his  couS,  xx'ix':, 
last  Will  and  Testament  and  of  Charles  Winchester  one  of  the  Sons  '"ll-^^^lll\-^^  ' 
and  Heirs  of  the  said  Isaac  Winchester  Setting  forth.  That  the  debts  saa. 


700 


Province  Ijaws  (Resolves,  etc.).  — 1772-73.  [Chaps.  161,  162.] 


Archives  xix    *^"^  from  the  said  deceaseds  Estate  exceed  the  personal  Estate  in  the 

8-29.   House '  '  Slim  of  £2,439.11.2%  and  that  the  Eeal  Estate  has  been  apprized  at 

pp?264l'285,2S6.  £3,169.14.7  whlch  consists  partly  in  Buildings  and  perishable  Estate 

LawsTi**  151     ^^^  ^®  situate  in  such  a  manner  that  making  sale  of  what  will  dis- 

ohap.io.'     '    charge  the  debts,  and  no  more,  will  leave  the  remainder  in  such  a 

bad  form  as  will  much  lessen  its  value.  And,  as  the  other  Son  and 

Heir  is  a  minor,  the  same  cannot  be  sold  without  the  liberty  of  this 

Court,  Praying  that  liberty  may  be  granted  for  the  sale  of  the  whole 

of  the  said  Eeal  Estate ;  the  proceeds  whereof,  after  payment  of  the 

said  deceaseds  debts,  to  be  applied,  as  near  as  may  be,  according  to 

the  Will  of  the  said  Testator. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  Granted  and 
that  the  petitioner  Mary  Winchester  be  and  she  accordingly  is  hereby 
fully  Impowered  to  make  Sale  of  all  the  Estate  in  Her  petition  men- 
tioned for  the  most  the  same  will  fetch  and  make  and  execute  a 
Good  and  Sufficient  Deed  or  Deeds  thereof  she  observing  the  Rules 
and  Directions  of  the  Law  Relative  to  the  Sale  of  Eeal  Estates  by 
Executors  and  administrator  And  Giving  Sufficient  Security  to  the 
Judge  of  Probate  for  the  County  of  Suffolk  that  the  proceeds  of 
Such  Sale  Shall  be  applied  for  the  payment  of  the  Debts  of  the 
Decs'*  and  after  Such  payment  is  made  that  the  Remaining  part  be 
applied  as  followeth  viz  the  widow  be  allowed  the  Intrest  of  the 
same  if  the  Interest  do  not  Exceed  one  Third  in  Lieu  of  Dower 
During  her  natural  life  and  the  other  part  (if  any  be)  be  applied 
to  the  payment  of  the  Legacys  And  after  the  Legacys  shall  be  paid : 
tlie  Remainder  if  any  be  shall  be  to  the  Eesiduary  Legatees  as  also 
the  third  allowed  to  the  widow  after  her  Decease  the  Debts  and 
Legacys  being  first  paid  and  Discharged.     \^Passed  March  5. 


CHAPTEE    161 


Legislative 
Records  of  the 
CouncU,  xxix., 
546.    Mass. 
Archives, 
xlvi.,  604. 

Mass. 
Archives, 
xlvi.,  598-603. 
House  Jour- 
nal, pp.  121, 219, 
289.    Ante, 
p.  323,  chap. 
209. 


RESOLVE    GRANTING    300 


ACRES    OF    EQUIVALENT 
HARTSHORN. 


LAND     TO     EBEN" 


Resolved  that  there  be  granted  to  Ebenezar  Hartshorn  three  Hun- 
dred Acres  of  unappropriated  Land  belonging  to  this  Government 
to  the  Eastward  of  Saco  River  adjoyning  some  former  grant  (in  full 
of  all  considerations  botli  in  his  Own  and  his  Fathers  Eight)  not 
interfering  with  any  former  grant  provided  he  return  a  plan  thereof 
to  this  Court  within  one  year  for  confirmation  taken  by  a  Surveyor 
&  chainman  under  Oatli.      \^Passed  March  5. 


CHAPTER    162. 


RESOLVE  IMPOWERING  JUSTICES  TO  REOPEN  AN  AWARD  OF  REFEREES 
AND   TO  FILL  A  VACANCY  IN  THEIR  NUMBER. 


Records'onhe  '^'^^  COMMITTEE  appointed  the  15""  day  of  January  last  on  the 
Council,  xxix.,  Petition  of  Stephen  Woodman,  [for  the  rehearing  of  a  cause]  made 
— report  and  the  following  Order  passed  viz"- 


[2d  Sess.]     Frovisce  Laws  (Besolves,  etc.).  —  1772-73.  701 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  that  the  Legislative 
two  surviving  Referees  who  have  heard  the  parties  heretofore  in  the  co unclf,  x x\x!, 
action  mentioned  in  said  Petition  and  reported  thereon,  together  j^^^^j^-,  """^e 
with  such  other  Referee  as  the  Justices  of  the  Inferior  Court  of  pp.  159, 264, 265. 
Common  pleas  for  the  County  of  Cumberland  shall  appoint  to  join 
with  them,  and  the  said  Justices  are  hereby  impowered  and  directed 
to  appoint  some  proper  j^erson  for  that  purpose  at  the  next  Inferior 
Court  of  Common  pleas  to  be  holden  at  Falmouth  in  March  next, 
that  the  Referees,  or  any  two  of  them,  notice  being  given  to  all,  be 
and  hereby  are  impowered  and  directed  to  hear  the  parties  and  to 
revise  and  consider  the  former  report;  and  in  case  the  said  Referees 
find  any  mistake,  in  favor  of  the  Petitioner,  to  rectify  the  same  and 
report  their  doings  in  the  premises  to  the  said  Court  as  soon  as  may 
be,  and  the  said  Court  are  hereby  impowered  to  accept  of  the  said 
Referees  report  and  in  case  said  Referees  in  their  report  shall  make 
any  deduction  of  the  sum  found  against  the  said  Woodman  in  the 
former  report,  the  said  Court  to  order  a  Record  to  be  made  of  the 
sum  found  to  be  a  mistake  in  favour  of  said  Woodman  and  Order 
thereon  accordingly.     [Passed  March  6. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed   1773-74. 


[703] 


LEGISLATIVE   LIST^ 

FOR 

1773-74- 


His  Excellency   THOMAS   HUTCHINSON, 

Captain-General  and  Governor-in-chief,  etc. 
THOMAS    FLUCKER,    Esq., 


SECRETARY  OF  ■ 


COUNCILLORS   OR  ASSISTANTS. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  ivithin  the  Territory  formerly 
called  the  Colony  of  the  Massachusetts  Bay  j 

Samuel  Danforth 


Isaac  Rotall 
John  Erving 
James  Bowdoin 
James  Russell 
James  Pitts 
Samuel  Dexter 
Artemas  Ward 
Benjamin  Greenleaf 


Caleb  Gushing 
Timothy  Woodbridge 
Samuel  Phillips 
John  Hancock 
>EsQR8.  Humphrey  Hobson 

William  Phillips '^ 
John  Winthrop 
John  Adams' 
John  Whitcomb 


>Esqrs. 


Of  (he  Inhabitants  of  or  Proprietors  of  La?ids  ivithin  the  Territory  formerly 
called  the  Colony  of  New  Plymouth; 

James  Otis  ).„  Walter  Spooner 


William  Sever 


ESQRS. 


Jerathmeel  Bowers'     ) 


ESQRS. 


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

Jeremiah  Powell,  James  Gowen  &  Jedediah  Preble,  Esqrs. 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  lying 
between  the  River  of  Sagadahock  d  Nova  Scotia  ; 

William  Brattle,  Esq. 

■  See  Legislative  Records  of  the  Council,  xxx.,  1-7. 

^  Rejected  by  the  Governor.     See  Legislative  Records  of  the  Council,  xxx.,  7. 

[705] 


706      Province  Liaws  (Resolves,  etc.).  —  1773-74.      [Representatives.] 

For  the  Province,  at  large :  — 
George  Leonard,  Jr.,  &  James  Huhphrey,  Esqrs. 


KEPKESENTATIVES   OR  DEPUTIES. 
Mr.  THOMAS   GUSHING,  Speaker. 


Boston, 


Eoxbury, 
Dorchester, 


May  26,  1773  to 
County  of  Suffolk. 

.  Thomas  Cushing,  Esq., 
Mr.  Samuel  Adams, 
John  Hancock,  Esq., 
■\Villiam  Phillips,  Esq. 
Capt.  William  Heath. 
Mr.  Samuel  Howe. 
Mr.  Josiah  Howe. 
Ebenezer  Thayer,  Jr.,  Esq 
Mr.  Nathaniel  Baj'lej. 


March  9,  1774. 


>  Benjamin  Lincoln,  Esq. 

.  Mr.  Abner  Ellis. 
.  Mr.  Moses  Bullen. 
.  Mr.  Jabez  Fisher. 
.  Capt.  Benjamin  White. 
.  Mr.  Enoch  Ellis. 

Mr.  Hezekiah  Gay. 


Braintree 

Weymouth, 

Hingham  & 

Cohasset, 

Dedhani, 

Medjield, 

Wretitham, 

Brookline, 

Walpole, 

Stoughton, 

and  Stough- 

tonham. 


County  of  Essex. 

Salem,  .     .     .  Richard  Darby,  Jr.,  Esq., 

Mr.  John  Pickering. 

Banvers,     .     .  Doctor  Samuel  Helton. 

Ipswich,      .     .  Capt.  Michael  Farley. 

Newbury,    .     .  Joseph  Gerrish,  Esq. 

Newburyport,  .  Capt.  Jonathan  Greenleaf , 

,,    ,,  ,      ,      <  Mr.  Elbridge  Gerr\-, 
Marblehead,     <  .        ^         t^ 

(  Azor  Orne,  Esq. 

Lynn,     .     .  .  Ebenezer  Burrill,  Esq. 

Andover,     .  .  Mr.  Moody  Bridges. 

Beverly,      .  .  Capt.  Henry  Herrick. 

Rowley,  .     .  .  Humphrey  Hobson,  Esq. 

Salisbury,  .  .  Mr.  Samuel  Smith. 

Haverhill,    .  .  Mr.  Jonathan  Webster. 

Olocester,     .  .  Nathaniel  Allen,  Esq. 

Topsfield,     .  .  Mr.  John  Gould. 

Boxford,       .  .  Aaron  Wood,  Esq. 

Almsbury,   .  .  Isaac  Merrill,  Esq. 

Bradford,    .  .  Capt.  Daniel  Thurston. 


County  of  Middlesex. 


Cambridge, 
Charlestown, 
Watertown, 
Woburn,  . 
Concord,  . 
Newton,    . 


Marlborough 
Billerica, 
Framingham 
Lexington, 
Chelmsford, 
Sherburne, 
Sudbury,  . 
Maiden,    . 

Medford,  . 
Weston,  . 
Eopkinton, 
Waltham, . 
Qrolon, 
Shirley  and 
Pepperrell, 
Stoiv,   .     . 


.  Capt.  Thomas  Gardner. 
.  Mr.  Nathaniel  Gorham. 
.  Capt.  Jonathan  Browne. 
.  Mr.  Samuel  Wyman. 
.  Capt.  James  Barrett. 
.  Abraham  Fuller,  Esq. 
.  Samuel  Bancroft,  Esq. 
.  Mr.  Peter  Bent. 
.  'William  Stickney,  Esq. 
.  Capt.  Josiah  Stone. 
.  Mr.  Jonas  Stone. 
.  Mr.  Simeon  Spaulding. 
.  Mr.  Joseph  Twitchell. 
.  Mr.  Thomas  Plympton. 
.  Capt.   Ebenezer  Ham- 
den. 
.  Mr.  Benjamin  Hall. 
.  Elislia  Jones,  Esq. 
.  John  Willson,  Esq. 
.  Jonas  Dix,  Esq. 

>  James  Prescott,  Esq. 

.  Henry  Gardner,  Esq. 


County  of  Hampshire. 

„     .      .  ,,  c       /'Hon.  John  Worthington, 
Springfield  &      \ 


Wilbraham, 


Esq., 
vMr.  John  Bliss. 


Northampton  &  }  ^        ,   ^^      ,        .„ 
„      ,  >  Joseph  Hawley,  Esq. 

Soulhamnton,      ) 


SotUhampton 
Eadley, 
South  Hadley 
Amherst  and 
Granby, 


Whately  & 
Williamsburgh, 
Westfield  and 
Southwick, 


Mr.  Josiah  Pierce. 


Mr.  John  Dickinson. 


>  Mr.  John  Mosely. 


[Representatives.]     Province  Laws  (i?esofoes,  ete.).  —  1773-74.      707 


Deerfield,            s 

York,   .     .     . 

Greenfield.           1 
Shelbur?ie  and    , 
Conway,             J 

Mr. 

Samuel  Field. 

Kittery,     .     . 
Wells,  .     .     . 

Berwick,   .     . 

Sunderland  &      \ 
Montague,            . 

BIr. 

Moses  Gunn. 

Arundel,    .     . 

Norlhfield,       .     . 

Mr. 

Phineas  "Wright. 

I 

Brimfield,           s 
South  Brimfield  \ 

Mr. 

Timothy  Danielson. 

Chilmark, 
Tisbury,    .     . 

and  Monson, 

County 


Plymouth, 

Scituate, 
Marshfield, 
Middleborough. 
Rochester,  . 
Plym2}ton,  . 
Pembroke,  . 
Hanover,  . 
Abington,    . 

Bridgwater, 


OF  Plymouth. 
James  Warren,  Esq., 
Mr.  Isaac  Lothrop. 
Mr.  Gideon  Vinall. 
Abijah  "White,  Esq. 
Mr.  Ebenezer  Sprout. 
Mr.  Ebenezer  White. 
Mr.  Samuel  Lucas. 
Mr.  John  Turner. 
Capt.  Joseph  Cushing 
Capt.    Woodbridge 

Browne. 
Josiah  Edson,  Esq. 
Capt.  John  Gray. 


County  of  Barnstable. 


Barnstable, 
Sandwich,  . 
Yarmouth,  . 
Eastham  and 
Wclfleet, 
Harwich,  . 
Falmouth,  . 
Chatham,     . 


.  Edward  Bacon,  Esq. 
.  Mr.  Stephen  Nye. 
.  David  Thacher,  Esq. 

>  Mr.  Barnabas  Freeman. 

.  Mr.  Benjamin  Freeman. 
.  Mr.  Moses  Swift. 
.  Mr.  Joseph  Doane. 


County  of  Bristol. 


Taunton,   .     . 

Rehoboth,  . 
Swanzey,  with 
Shawamet, 
Dartmouth,     . 
Norton  and 
Mansfield, 
Attleborough, 
Dighton,    . 
Freetown, 
Easton, 


.  Daniel  Leonard,  Esq., 
Roljert  Treat  Paine,  Esq. 
Capt.  Joseph  Barney. 

■  Jerathmeel  Bowers,  Esq. 

.  Benjamin  Alsin,  Esq. 

Dr.  George  Wheaton. 

.  Mr.  John  Dagget. 

Elnathan  Walker,  Esq. 

Thomas  Gilbert,  Esq. 
,  Capt.  Matthew  Hayward. 


County  of  York. 

.  Thomas  Bragdon,  Esq. 
.  Edward  Cutt,  Esq. 
.  Mr.  Ebenezer  Sawyer. 
.  Capt.  Nathan  Lord,  Jr. 
.  Thomas  Perkins,  Esq. 

Dukes  County. 

.  Jonathan  Allen,  Esq. 
.  James  Athearn,  Esq. 

In  the  County  of  Nantucket. 

Sherburne,      .     .  Stejihen  Hussey,  Esq. 


Worcester, 
Lancaster, 
Mendon, 
Brookfield, 
Oxford  and 
Charlton, 
Sutton,  .     .     . 
Leicester,  Speiv- 
cer  and  Paxton, 
Westborough, 
Northborough, 
Rutland,  Rut- 
land District, 
Oakham  and 
Hubbardston, 
Lunenburgh  and 
Fitchburgh, 
Shrewsbury,    . 
Harvard,    . 
Bolton,  . 
Petersham, 
Southborough, 
Hardwick,  . 


County  of  Worcester. 

.  Mr.  Joshua  Bigelow. 
.  Capt.  Asa  Whitcomb. 
.  Mr.  Edward  Rawson. 
.  Jedediah  Foster,  Esq. 


I  Capt.  Jeremiah  Learned, 
.  Capt.  Henry  ICing. 
>  Mr.  Thomas  Denny. 

^  Capt.  Stephen  Maynard. 


John  Murray,  Esq. 


>  Dr.  John  Taylor. 

.  Mr.  Phineas  Heywood. 
.  Israel  Taylor,  Esq. 
.  John  Whitcomb,  Esq. 
.  Capt.  Ephraim  Doolittle. 
.  Timothy  Brigham,  Esq. 
.  Mr.  Paul  Mandell. 


County  of  Cumberland. 
Falmouth  and     )  Jedediah  Preble,  Esq., 
Cape  Elizabeth,  )  William  Tyng,  Esq. 
Scarborough,       .  Mr.'  Samuel  March. 
North  Yarmouth,  Mr.  John  Lewis. 
Oorham,    .     .     .  Mr.  Wentworth  Stewart. 


County  of  Lincoln. 

George  Town 
and  Woolwich, 


James  McCobb,  Esq. 


708     Province  Laavs  (i?eso7ves,  ete.).  — 1773-74.      [Repkesentatives.] 


David  Ingersol,  Esq., 


CocNTY  OF  Berkshire 
Sheffield,  Oreat 
Barriiigton, 
Egremont  and      ',  Mark  Hopkins,  Esq. 
Alford,  J 

Stockbridge,   .     .  Mr.  Samuel  Browne,  Jr. 
Tyringham,    .     .  John  Chadwick,  Esq. 


County  of  Berkshire — Concluded. 
jMr.  Charles  Goodrich. 
Mr.  David  Rosseter. 


Bichmont  and 
Lenox, 
Lanesborough, 
Williamstown, 


.  Mr.  Peter  Curtis. 
.  Mr.  David  Noble. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston^ 
ON  the  Twenty-sixth  Day  of  May,  A.D.  1773- 


CHAPTBE    1. 

KESOLVE  APPOINTING  A  COMMITTEE   TO   SELL  MATERIALS   OF  THE  OLD  Legislative 

POWDER   HOUSE.  CoSnrif,  x*xx.* 

13.    Mass. 

In  the  House  of  Eepresentatives  t^xxijiu. 

Resolved,  that  M'  Hancock,  Cap'  Gardner  &  M'  Phillips  with  such  Legislative 
as  the  Hon*  Board  shall  Join  be  a  Committee  to  Dispose  of  the  Records  of  the 
Materials  of  the  old  Powder  Magazine  in  Boston  Common  for  the  io°"Hoi'is'e^''"' 
Benefit  of  the  Province  and  Eeport.  ^  S"p!'628r" 

In  Council  Read  &  Cone''  &  John  Erving  &  James  Pitts  Esq'^  chap'.  26. 
are  joined.     [Passed  May  SI. 


CHAPTER    2. 

RESOLVE  ALLOWING  £6   ADDITIONAL  ANNUALLY  TO   "WLLLIAM  THORNE. 

A  Petition  of  William  Thorne  of  Topsham  in  the  County  of  B®?''Jf"^f  .u 
Lincoln  Setting  forth,  That  in  the  year  1748,  being  a  Soldier  in  the  councif,  xxx.^ 
Province  service  at  the  eastward  under  the  Command  of  Cap'  Wil-  "rchiv'ffs^,' 
liam  Burns,  he  had  the  misfortune  to  be  wounded  by  the  Indian  ixxx.,  711. 
enemy  so  as  to  occasion  the  entire  loss  of  his  arm     That  upon  ap-  Mass. 
plication  to  this  Court  they  were  pleased  to  make  him  a  Grant  for  ixx^x.Jtos. 
his  loss  and  sufferings  and  also  a  Pension  of  twenty  shillings  annu-  ^^Tpp.'aTM. 
ally  until  further  Order     That  he  is  now  advanced  in  age  and  less  Province ' 
able  to  labour  to  support  himself,  and  has  had  the  further  misfor-  chap^'TYxv.,  ' 
tune  of  losing  a  Son  on  whom  he  depended  for  support.  And  praying  ^^'  "'■''i*-  ^^• 
that  an  addition  may  be  made  to  his  small  Pension  aforementioned. 

[Read  and] 

Resolved  that  there  be  allowed  &  paid  out  of  the  Publick  Treas- 
ury unto  William  Thorne  of  Topsham  in  the  County  of  Lincoln 
(over  and  above  the  Twenty  Shillings  before  allowed  him)  the  Sum 
of  Six  pounds  annualy  untill  the  further  order  of  this  Court.  [Passed 
Jtme  1. 

[709] 


710 


Province  Laws  {Resolves,  etc.).  — 1773-74.     [Chaps.  3-5.] 


CHAPTER    3 


RESOLVE  IMPOWERING  ELEAZER  JACKSO^,  EXECUTOR,  TO   EXECUTE  A 
DEED. 


LeglBlatlve 
EecorUs  of  the 
Council,  XXX., 


House  Jour- 
nal, pp.  17, 23. 


A  Petition  of  Eleazer  Jackson  of  Dudley  in  the  County  of 
Worcester  Executor  of  the  last  Will  and  Testament  of  Samuel  Rob- 
inson late  of  said  Dudley  Physician  deceased  Setting  forth,  That 
Ebenezer  Hayward  of  Killingly  in  Connecticut  Yeoman  in  the  life- 
time of  the  said  Samuel  employed  him  to  purchase  for  him,  the 
said  Ebenezer,  one  hundred  and  twelve  acres  of  Land  situate  in 
a  Gore  of  Land  lying  between  Dudley,  Douglass  and  Oxford  That 
the  said  Samuel  purchased  the  said  Land  of  Silas  Taft  administra- 
tor of  the  Estate  of  Benjamin  Taft  late  of  Uxbridge  deceased  for 
the  sum  of  £37.10,  but  the  said  Samuel  died  without  executing  a 
Deed  thereof  to  the  said  Ebenezer.  And  praying  that  he  may  be 
impowered  to  make  and  execute  a  Deed  of  the  premises  to  the  said 
Ebenezer,  excepting  three  acres  of  Cedar  Swamp  included  therein 
which  the  said  Samuel  reserved  to  himself. 

[Eead  and] 

Resolved  that  the  prayer  thereof  be  so  far  granted  as  that  the 
Petitioner  be  and  lie  hereby  is  fully  impowered  to  make  and  exe- 
cute a  good  and  sufficient  Deed  of  the  Tract  of  Land  in  said  Peti- 
tion mentioned,  excepting  the  said  three  acres  as  is  therein  excepted, 
to  the  said  Ebenezer  Hayward  his  Heirs  and  assigns  forever,  agre- 
able  to  the  bargain  made  by  and  between  the  said  Samuel  and  Ebe- 
nezer at  large  set  forth  in  the  Petition  aforesaid.     [^Passed  June  1. 


CHAPTER    i 


RESOLVE  ALLOWING    THE    ACCOUNT    OF    THE   TREASURER   OF    YORK 

COUNTY. 


Legislative 
Records  of  the 
Council,  XXX., 


House  Jour- 
nal, pp.15, 26, 


The  ACCOUNT  of  Daniel  Moulton  Esq'  Treasurer  of  the  County 
of  York  being  laid  before  the  Court  for  allowance  the  following 
Order  passed  viz' 

Whereas  it  appears  upon  examination  of  the  said  account  that  all 
the  monies  granted  and  allowed  to  be  paid  by  the  Court  of  General 
Sessions  of  the  peace  for  the  year  1772  were  for  such  purposes  and 
appropriations  as  the  said  Court  by  Law  is  impowered  to  grant; 
therefore 

Resolved  that  said  account  be  allowed.     \_Passed  Jtcne  3. 


CHAPTER    5 


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


Legislative ^^^  The  ACCOUNT  of  Solomon  Otis  Esq"  Treasurer  of  the  County  of 
Council,  XXX.,  Barnstable  being  laid  before  the  Court  for  allowance  the  following 
!!!: Order  passed  viz' 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1773-74.  711 

Whereas  it  appears  upon  examination  of  said  accounts  that  all  the  House  Jour, 
monies  gi-anted  and  allowed  by  tlie  Court  of  General  Sessions  of  the  J'^i-Pi'-i^.^s, 
'  peace  for  said  County  for  the  year  1773  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  said  Court  to  grant;  therefore 

Resolved  that  said  account  be  allowed.     ^Passed  June  3. 


CHAPTER    6. 

ORDER  ADJOURNING   COURTS  IN  BRISTOL   COUNTY. 

Whereas  the  attendance  of  the  members  of  the  House  of  Rep-  Legislative 
resentatives  is  required  at  the  present  situation  of  public  affairs  couucif  xx*x* 
and  many  of  them  have  business  that  require  their  attendance  at  20- 
the  Courts  of  tleneral  Sessions  of  the  peace  and  Inferior  Court  of  House  Jour- 
Common  pleas  to  be  holden  at  Taunton  within  and  for  the  County  prov'mce''^^' 
of  Bristol  on  the  second  Ti^esday  of  June  instant.  It  is  therefore       Laws,  v.,  45, 

Ordered  that  the  said  Court  of  General  Sessions  of  the  peace  and 
Inferior  Court  of  Common  pleas  by  Law  to  be  holden  at  Taunton 
within  and  for  the  County  of  Bristol  on  the  second  Tuesday  of  June 
instant,  shall  be  holden  at  Taunton  within  and  for  the  County  afore- 
said the  second  Tuesday  of  September  next,  and  that  all  Writs, 
processes  and  Eecognizances  returnable  to  and  all  appeals  made  to 
the  said  Court  of  General  Sessions  of  the  peace  and  Inferior  Court 
of  Common  pleas  by  Law  to  be  held  at  Taunton,  and  all  matters, 
causes  and  things  tliat  have  day  or  that  might  have  been  had,  moved 
or  done  at  in  or  by  the  said  Courts  at  the  time  so  appointed  for  hold- 
ing the  same,  shall  be  returnable  to  and  may  be  entered,  prosecuted, 
had,  moved  &  done  at  in  and  by  the  said  Court  at  the  time  hereby 
appointed  for  holding  the  same.  And  that  the  Sheriff  of  the  County 
of  Bristol  shall  take  effectual  care  that  this  Order  be  forthwith  pub- 
lished and  made  known  thro'  the  County  aforesaid.    \_Passed  June  4. 


CHAPTER    7.  ^^^iBMve 


Records  of  the 
Council,  XXX., 


Resolved,  That  there  be  allowed  and  paid  out  of  [the] '  publick  Archive 
Treasury  to  the  Executor  or  Executors,  Administrator  or  Administra-  xxu.,  sbmo, 
tors,  on  the  Estate  of  Dennis  De  Berdt  Esq'  deceased,  the  Sum  of  spj'Msf  Leg- 
Fourteen  hundred  pounds  Sterling,  in  full  for  his  Account  of  Ex-  isiativeEec 

,,,       ri-         1  pTi., !•-,-.        •  ,^.  oras  of  the 

pences,  and  tor  Services  he  performed  for  this  Province  at  the  Court  Council, 
of  Great-Britain :  and  that  the  Treasurer  be  and  hereby  is  directed  ssT^MgVxxix., 
to  remit  the  same  to  the  Executor  or  Executors,  administrator  or  hoIsb'IjI^^-^**'' 
administrators,  on  the  Estate  of  Dennis  De  Berdt,  Esq'  accordingly,  nai,  p.  26. 
\^Passed  June  9. 

'  Inserted  from  the  Legislative  Records  of  the  Council,  xxx.,  26. 


712 


Province  Laws  {Resolves,  etc.).  — 1773-74.     [Chaps.  8,  9.] 


CHAPTER    8. 


Legislative 
Eecorda  of  the 
Council,  XXX., 
26; 

House  Jour- 
nal, pp.  27, 38. 


RESOLVE  IMPOWERING  GEORGE  KIMBALL  AND   MARY  REED,  ADM»^  TO 
EXECUTE   A  DEED. 

A  Petition  of  George  Kimball  and  Mary  Keed  both  of  Lunen- 
burgh  in  the  County  of  Worcester  administrators  on  the  Estate  of 
Samuel  Reed  late  of  said  Lunenburgh  Gentleman  deceased,  and  of 
Jesse  Fox  of  Winchendon  in  the  said  County  Yeoman  Setting 
forth,  That  the  said  Samuel  on  the  e""  day  of  Septem'  1769  made 
his  Bond  for  the  sum  of  fifty  pounds  conditioned  that  he,  his  Heirs 
or  assigns  on  the  payment  of  thirty -two  pounds  with  Interest  in  one 
year  from  the  same  day  should  give  a  good  Warranty  deed  of  a  Lot 
of  Land  in  said  Winchendon  (in  said  condition  called  Lot  N°  1  in 
the  South  division)  to  the  said  Jesse;  which  said  sum  appears  to 
have  been  paid  agreable  to  the  intention  and  agreement  of  the  said 
Samuel  and  Jesse,  but  the  said  Samuel  failed  to  give  the  said  deed 
in  his  life  time.  And  praying  that  the  said  administrators  may  be 
impowered  to  convey  the  said  Lot  to  the  said  Jesse. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
said  George  Kimball  and  Mary  Reed  two  of  the  Petitioners  be  and 
hereby  are  fully  authorized  and  impowered  to  make  and  execute  a 
good  Deed  in  Law  of  the  premises  to  Jesse  Fox  the  other  Petitioner 
agreable  to  the  prayer  hereof.     {^Passed  June  9. 


CHAPTEE    9. 


RESOLVE  IMPOWERING  TIMOTHY  WHITE,  ADMINISTRATOR,  TO  EXECUTE 
A  DEED. 


Legislative 
Records  of  the 
Council,  XXX., 
29. 

House  Jour- 
nal, pp.  27,  38. 


A  Petition  of  Timothy  White  of  Scituate  in  the  County  of  Plym- 
outh Yeoman  administrator  de  bonis  non  of  the  Estate  of  Elisha 
Nash  late  of  said  Scituate  Yeoman  deceased  Setting  forth.  That 
Timothy  White,  late  Father  of  the  Petitioner,  the  former  adminis- 
trator on  the  Estate  of  the  said  Noah,  having  obtained  an  Order  of 
the  Superior  Court  for  selling  the  whole  of  the  Real  Estate  of  the 
said  Nash,  saving  his  Widows  interest  therein,  for  payment  of  his 
debts,  he  the  said  administrator  duly  sold  the  same,  part  to  M' 
Joseph  Vinal  and  part  to  M'  Joshua  Otis  both  of  said  Scituate,  but 
died  without  executing  a  Deed  to  either  of  them.  And  praying  that 
he  maybe  impowered,  in  his  said  capacity,  to  execute  Deeds  of  the 
premises  to  the  said  Vinal  and  Otis. 

[Read  and] 

liesolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  fully  authorized  and  impowered  to  make 
and  execute  a  good  Deed  or  Deeds  in  Law  to  Joseph  Vinal  and 
Joshua  Otis  agreable  to  the  prayer  hereof.     [Passed  June  9. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  713 


CHAPTEK    10. 

RESOLVE   IMPOWERING    JN"  BURGHARDT    TO    LAY    OUT    400    ACRES    OF 
LAND. 

A  Petition  of  John  Burghardt  of  Great  Barrington     Setting  Legislative 
forth,   That  the  General  Court  iu  the  year   1742  granted  to   his  c^^Sclr  xxx'^ 
Father  Coonrod  Burghardt  two  hundred  acres  of  Land  and  ordered  so-       '        ' 
that  a  plat  thereof  should  be  made  and  returned  to  said  Court  within  Legislative 
twelve  months  for  confirmation     That  the  said  Coonrod  immedi-  councit  x x\x^, 
ately  laid  out  the  same  in  the  Town  of  Kichmont,  then  being  un-  |J3, 245, 391. 
appropriated  Land,  but  by  meer  accident  the  Plat  was  mislaid  and  nai,  pp. 35, 39, 
not  returned  to  the  Court  for  divers  years  afterwards     That  the  Laws  xlii!™ 
said  Coonrod,  however,  thinking  he  had  a  good  title  to  the  said  206,  chap.  190; 
Lands,  deeded  the  same  to  divers  of  his  Sons,  who  sold  the  same  uo.'''^n<e, '''''' 
to  the  Petitioner     That  in  February  1763  upon  the  Petition  of  the  p- «i7,  chap.  ss. 
proprietors  of  the  Land  then  called  Mount  Ephraim,  now  Richmont, 
the  General  Court  made  a  Grant  of  the  said  two  hundred  acres, 
among  other  Lands,  to  said  proprietors     That  in  June  1763  the 
Petitioner,  having  applied  to  the  General  Court  setting  forth  the 
Grant  to  the  said  Coonrod  and  the  proceedings  had  thereon,  ob- 
tained a  confirmation      That  he  afterwards   commenced   actions 
against  divers  persons  who  had  got  into  possession  of  the  same, 
which  were  finally  determined  against  him;  whereby  he  has  not 
only  lost  the  said  two  hundred  acres  of  very  valuable  Land,  but 
also  large  Sums  of  money  in  its  defence.  And  praying  relief. 

[Read  and] 

Resolved  that  the  said  John  have  liberty  to  lay  out  four  hundred 
acres  of  unappropriated  Land  lying  in  the  County  of  Berkshire  in 
two  several  pieces  so  as  not  to  interfere  with  any  former  Grant,  and 
that  he  return  a  plat  thereof  taken  by  a  Surveyor  and  Chainmen 
under  Oath  to  this  Court  within  twelve  months  from  the  first  of 
July  next  for  confirmation.     [Passed  June  9. 


CHAPTER    11. 

RESOLVE    IMPOWERING    DAVID    INGERSOLL,  ADMINISTRATOR,  TO    EXE- 
CUTE  A  DEED. 

A  Petition  of  David  Ingersol  administrator  of  the  Estate  of  his  Legislative 
late  Father  David  Ingersol  late  of  Great  Barrington  in  the  County  cgy^'lf  °*Jt^® 
of  Berkshire  Esq''  dec"*  Intestate     Setting  forth,  That  the  said  In-  45. 
testate  on  the  24  day  of  January  last  bargained  and  sold  to  Enoch  House  Jour- 
Noble  of  Sheffield  in  said  County  one  certain  Grist  mill  and  the  °ai.PP- 19.38. 
third  part  of  a  Saw  mill  and  Grist  mill  standing  and  being  in  said 
Sheffield,  in  consideration  of  the  sum  of  £125  lawful  money;  but 
before  the  said  intestate  had  made  and  executed  a  Deed  of  convey- 
ance thereof,  he  died.  And  praying  that  he  may  be  impowered  to 
make  and  execute  a  Deed  of  the  premises  to  the  said  Enoch  Noble. 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  the  Petitioner 
be  and  hereby  is  impowered  to  make  and  execute  a  good  and  suffi- 
cient Deed  of  the  mills  therein  mentioned  to  the  said  Enoch  Noble ; 
provided  the  said  Petitioner  take  sufficient  security  of  said  Enoch 


714 


Province  Laws  {Resolves,  etc.).  — 1773-74.     [Chaps.  12,  13.] 


for  the  payment  of  one  hundred  and  twenty  five  pounds  lawful 
money  within  six  months  from  and  after  the  date  hereof  with  law- 
ful interest  therefor  till  paid,  and  the  said  Petitioner  accounting 
with  the  Judge  of  Probate  for  the  County  of  Berkshire  for  the  same 
sum  in  such  way  and  manner  as  Executors  and  administrators  are 
by  Law  required  to  do.     \^Passed  June  9.' 


CHAPTEK    12. 

KESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
COUNTY. 


Legislative 
Records  of  the 
Council,  XXX., 
31. 

House  Jour- 
nal, pp.  15, 25. 


The  ACCOUNT  of  John  Cotton  Esq'  Treasurer  of  the  County  of 
Plymouth  being  laid  before  the  Court  for  allowance  the  following 
Order  passed  thereon  viz' 

Whereas  it  appears  upon  examination  of  the  within  account  that 
all  the  monies  granted  and  allowed  to  be  paid  by  the  Court  of  Gen- 
eral Sessions  of  the  peace  for  said  County  for  the  year  1772  were 
for  such  purposes  and  appropriations  as  the  said  Court  by  Law  is 
impowered  to  grant ;  therefore 

Resolved  that  said  account  be  allowed.     [^Passed  June  10. 


CHAPTEE    13 


RESOLVE   CONFIRMING  ASSESSMENTS   IN  THE   TOWN  OF  WINDHAM. 


Legislative 
Records  of  the 
Council,  XXX., 


House  Jour- 
nal, pp.  IT,  40, 
42, 45. 


On  the  Petition  of  Caleb  Grafiam  and  others  shewing  that  they 
were  assessors  for  the  Town  of  Windham  in  the  County  of  Cumber- 
land for  the  years  1769  and  1770  that  the  assessments' viz'  that  made 
in  the  year  1769  was  not  compleated  before  one  of  said  assessor  died 
(and  that  assessment  was  made  and  compleated  by  the  two  surviv- 
ing assessors)  who  committed  the  same  to  William  Bolton  to  collect. 
And  also  that  the  latter  assessment  was  not  made  strictly  agreable 
to  Law,  as  neither  this  nor  the  former  Bills  of  assessments  were 
made  in  so  separate  a  manner  as  is  customary  in  some  Towns,  as 
the  Province,  County,  Town  and  ministerial  Rates  are  all  put  into 
one  Bill,  in  consequence  whereof  the  said  Town  will  be  involved 
in  great  confusion  without  the  interposition  of  this  Court;  for  the 
remedy  whereof. 

Resolved  that  the  said  several  Rate  Bills  viz'  that  made  in  the 
year  1769  together  with  that  made  in  1770  shall  be  deemed  and  held 
to  be  as  good  and  valid  Bills  as  if  the  same  or  either  of  them  had 
been  made  separate  and  severally  signed  by  the  whole  of  the  assessors 
of  said  Town.     [Passed  Juiie  11. 

'  This  chapter  is  entered  in  Legislative  Records  of  the  Council  under  date  of  June  12. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  715 


CHAPTEK    14. 

RESOLVE    IMPOWERING    EDWARD    KNOWLES,   ADM",  TO    EXECUTE    A 
DEED. 

A  Petition  of  Edward  Knowles  administrator  of  the  Estate  of  R|for*"of the 
Edward  Knowles  jun''  late  of  Eastham  iri  the  County  of  Barnstable  council,  xxx., 

Yeoman  deceased  intestate,  and  of  Solomon  Pepper  jun''  Guardian  ^^- 

to  Hannah  Knowles  a  minor  daughter  of  the  said  Edward  Knowles  naTpp'26^46. 
jun'^  Setting  forth  That  on  the  28  day  of  December  1759  one  Samuel 
Walker  of  Wellfleet  in  the  County  aforesaid  Yeoman  in  considera- 
tion of  the  sum  of  nine  pounds,  six  shillings  and  nine  pence  two 
farthings  gave  to  the  said  Edward  Knowles  jun''  an  absolute  Deed 
of  a  certain  piece  of  meadow  lying  in  said  Wellfleet  in  the  meadow 
called  Silver  Spring  Meadow  and  at  the  same  time  the  said  Edward 
promised  and  covenanted  that  whenever  the  said  Samuel  Walker 
should  pay  to  him  the  aforementioned  sum  with  the  lawful  interest, 
he  would  reconvey  the  said  piece  of  meadow  to  the  said  Samuel. 
And  praying  that  the  said  administrator  may  be  impowered  to  re- 
convey  the  premises  to  the  said  Samuel  upon  the  payment  of  the 
said  sum  with  the  Interest. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
said  Edward  Knowles  be  fully  impowered  to  make  and  execute  unto 
him  the  said  Samuel  Walker  a  good  deed  in  Law  of  the  Land  men- 
tioned in  said  Petition,  which  deed  so  made  shall  convey  said  Lands 
to  all  intents  &  purposes  as  eifectually  as  if  the  said  Edward  Knowles 
jun''  had  executed  said  deed  in  his  life  time ;  provided  he  the  said 
Samuel  Walker  shall  first  pay  unto  him  the  said  Edward  Knowles 
the  sum  of  nine  pounds,  six  shillings  and  nine  pence  two  farthings 
with  lawful  interest  for  the  same  according  to  [the] '  promise  men- 
tioned in  the  Petition.     \^Passed  June  11. 


CHAPTEE    15. 

RESOLVE    IMPOWERING    JAMES   FEARING,  EXECUTOR,  TO   SELL    REAL 
ESTATE  AND  MAKING  PROVISION  IN   REGARD   TO  THE  PROCEEDS. 

A  Petition  of  James  Fearing  of  Hingham  in  the  County  of  Suf-  Legislative 
folk  Executor  to  the  last  Will  and  Testament  of  Mary  Jones  late  councif.xxx.t 

of  said  Hingham  Widow  deceased  Setting  forth  That  the  said  Mary  ^li 

devised  her  whole  Estate  to  her  daughter  Mary  Fearing  and  her  ^^1"^®  ■'3-"4e 
Grand  daughter  Mary  Fearing  jun""  to  be  equally  divided  between  Province'' 
them     That  the  personal  Estate  of  the  said  deceased  is  insufficient  Jifa^'io!* ^^^' 
to  pay  her  debts.  And,  as  the  Real  Estate  of  the  said  deceased  con- 
sists only  of  part  of  an  old  House  and  about  eight  acres  of  Land 
which  cannot  be  sold  in  part  without  discommoding  the  remainder. 
Praying  that  he  may  be  impowered  to  make  sale  of  the  whole  thereof 
to  enable  him  to  pay  the  said  debts. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  Estate 

'  Inserted  from  the  House  Journal,  p.  46. 


716 


Province  Laws  {Resolves, etc.).  — 1773-74.     [Chap.  16.] 


mentioned  in  this  Petition  for  the  most  it  will  fetch,  and  make  and 
execute  a  good  and  sufficient  deed  or  deeds  thereof,  observing  the 
rules  of  the  Law  for  the  sale  of  Keal  Estates  by  Executors  and  ad- 
ministrators and  giving  security  to  the  Judge  of  Probate  for  the 
County  of  Suffolk  that  the  proceeds  be  applied  after  the  payment 
of  all  debts  due  from  said  Estate,  and  immediately  paid  one  half 
thereof  to  the  said  Mary  Fearing  and  the  other  half  thereof  to  the 
Guardian  of  the  said  Mary  Fearing  jun'.     \^Passed  June  11. 


CHAPTER    16. 


RESOLVE  DIRECTING  NOTICE  WITH  STAY  OF  PROCEEDINGS  IN   REGARD 
TO  TITLE  TO  LANDS. 


Legislative 
Records  of  the 
Council,  XXX., 
40.    Mass. 
Archives, 
csvlii.,  700. 


Archives, 
cxviil.,  688-691. 
House  Jour- 
nal, pp.  33, 45. 
Province 
Lavps,  xil.,  156, 
chap.  69;  516, 
chap.  96;  xlv., 
264,  chap.  4. 
Ante,  p.  90, 
chap.  186. 


A  Petition  of  Charles  Goodrich  and  others  of  Pittsfield  in  the 
County  of  Berkshire  Setting  forth.  That  in  the  year  1735  the  Gen- 
eral Court  granted  to  the  Town  of  Boston  three  tracts  of  Land  of 
the  contents  of  six  miles  square  for  Townships  on  certain  condi- 
tions of  settlement  mentioned  in  the  Grant;  one  of  which  Tracts 
of  Land  the  said  Town  sold  to  Jacob  Wendell  Esq'  who  caused  the 
same  to  be  laid  out  and  a  plan  to  be  returned  to  the  said  Court, 
which  was  confirmed  to  him  on  the  conditions  mentioned  in  the 
Grant  to  the  Town  of  Boston ;  which  Tract  of  Land  was  formerly 
called  Pontoosuck,  now  Pittsfield  That  the  said  Wendell  after- 
wards sold  to  John  Stoddard  and  Philip  Livingston  Esq"  each  one 
third  part  of  the  said  Township;  that  the  said  Wendell,  Stoddard 
and  Livingston  sold  forty  of  the  settling  Lots  in  the  said  Town,  on 
certain  conditions,  to  John  Lee  John  Huston  and  Joseph  Eoot, 
who,  as  soon  as  they  could  without  danger  from  the  Indian  enemy, 
went  on  the  premises,  with  their  associates,  and  have  made  great 
improvements  thereon  and  by  that  means  greatly  inhanced  the 
value  of  the  Lands  in  said  Town  That  the  Petitioners  apprehended 
they  had  in  substance  performed  the  conditions  of  settlement,  tho' 
not  strictly  and  literally  in  every  punctilio,  and  had  no  suspicion 
that  any  person  had  it  in  his  power  to  turn  them  off  from  their 
settlement  and  valuable  improvements,  till  of  late  the  Heirs  of 
John  Stoddard  Esq'  have,  under  pretence  of  forfeiture  for  condi- 
tions broken,  brought  an  action  against  the  said  Charles  Goodrich 
and  recovered  Judgment  for  the  possession  of  one  third  part  of  his 
Lot,  which  with  the  Buildings  is  of  forty  times  the  value  that  it 
was  when  the  settlement  was  begun  in  1752  That  the  owners  of 
the  rest  of  said  forty  lots  are  in  equal  danger  of  losing  their  Estates 
(the  whole  of  which  with  the  improvements  and  Buildings  are  of 
the  value  of  fourteen  or  fifteen  thousand  pounds  lawful  money)  as 
the  said  Charles  was  that  part  of  the  Lot  recovered  of  him  as  afore- 
said That  in  the  original  Grant  to  the  Town  of  Boston  express 
provision  is  made  that  in  case  any  persons  admitted  as  Settlers 
shall  fail  of  performing  the  duty  of  settlement,  the  Government 
shall  have  it  in  their  power  to  regrant  the  same  to  any  other  per- 
sons they  see  fit.  And,  as  the  Government  have  it  in  their  power 
to  prevent  the  Petitioners  being  oppressed  and  totally  ruined,  Pray- 
ing relief. 

[Read  and] 

Resolved  that  the  Petitioner  Charles  Goodrich  Notifie  the  Heirs 
of  the  Late  Col  Stoddard  by  Serving  Solomon  Stoddard  Esqr  of 


[1st  Sess.]     Frovisce  Laws  {Resolves,  etc.).  — 1773-74.  717 

Northampton  with  a  Coppy  of  this  Petition  and  the  order  thereon 
that  they  Shew  cause  if  any  they  have  on  the  Second  wedne[s]day  of 
the  Next  Sitting  of  the  General  Court  why  the  prayer  thereof  Should 
not  be  Granted  and  that  any  action  or  actions  in  the  Law  Relating 
to  the  Premises  be  Stayed  in  the  mean  time.     [Passed  June  11. 


CHAPTEK    17. 

RESOLVE  IMPOWERING  AARON  CLARK  AND  EXPERIENCE  BARTLET, 
ADM=8,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO  THE   PROCEEDS. 

A  Petition  of  Aaron  Clark  and  Experience  Bartlet  administra-  LegisUitive 
tors  on  the  Estate  of  Preserved  Bartlet  late  of  Northampton  in  the  c^iincu  xx'x.^ 
County  of  Hampshire  deceased     Setting  forth,  That  the  said  Pre-  i^- 
served  in  his  life  time  had  agreed  to  purchase  of  the  Inhabitants  House  Jour- 
of  the  said  Town  a  tract  of  Land  adjoining  to  the  Farm  on  which  pro'vinci''' *^' 
he  lived,  and  that  he  might  be  able  to  make  payment  therefor,  had  J'jf^^'ijj'' ^''^' 
resolved  to  make  sale  of  his  share  in  the  following  tracts  of  Land 
which  he  held  in  common  and  undivided  with  many  other  persons 
viz'  one  tract  in  the  east  tier  of  the  mountain  division  so  called  in 
Northampton,  his  share  being  twenty  two  acres  and  one  other  tract 
in  the  fifth  square  mile  in  Southampton,  his  share  being  thirty  two 
acres  and  an  half,  and  one  other  tract  in  the  broken  division  so 
called  in  Southampton,  his  share  being  three  acres,  but  for  want 
of  convenient  opportunity  the  said  Preserved  in  his  life  time  did 
not  make  sale  of  his  share  thereof.   And  praying  that  they  may  be 
impowered  to  make  sale  of  the  said  Lands  to  enable  them  to  com- 
pleat  the  agreement  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  the  Peti- 
tioners be  and  are  hereby  fully  authorized  and  impowered  to  make 
sale  of  the  several  tracts  of  Land  mentioned  in  the  Petition  for  the 
most  the  same  will  fetch,  and  to  make  and  execute  a  good  Deed  or 
Deeds  thereof  in  Law  to  the  purchaser  or  purchasers ;  they  observ- 
ing the  rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors 
and  administrators  and  giving  security  to  the  Judge  of  Probate  for 
the  County  of  Hampshire  that  the  proceeds  of  said  sales  shall  be 
applied  to  compleat  the  agreement  between  the  Inhabitants  of  North- 
ampton and  the  said  Preserved  as  mentioned  in  the  Petition,  and 
in  case  there  should  [be] '  any  overplus  arising  by  means  of  said 
sales,  they  to  be  applied  to  and  for  the  use  of  the  said  Preserved's 
heirs.     \Passed  June  12. 


CHAPTEK    18. 

RESOLVE    IMPOWERING    EBEN»    BURRILL,   EXECUTOR,  TO   SELL   REAL 
ESTATE   AND  MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Ebenezer  Burrill  Executor  of  the  last  Will  and  g^fg^'iffof  t^ 
Testament  of  Joseph  Mansfield  late  of  Lynn  in  the  County  of  Essex  councn,  xxx., 
deceased,  and  of  the  Heirs  and  legal  Representatives  of  the  said  tli 


deceased    Setting  forth.  That  the  said  deceased  died  siezed,  among  na""^!^^. 
other  Real  Estate  of  a  House,  Barn  and  Grist  mill  greatly  out  of  Province ' 

'  Inserted  from  the  House  Journal,  p.  48. 


718 


Province  Laws  {Resolves,  etc.).  — 1773-74.     [Chaps.  19,  20.] 


Laws,  ii. 
cbap.  10. 


repair,  with  about  eight  acres  of  Land  adjoining  partly  upland  and 
partly  marsh  which  does  not  adjoin  to  any  other  part  of  the  Estate; 
the  sale  whereof  will  be  much  for  the  benefit  of  the  Heirs.  And,  as 
part  of  the  Eeal  Estate  must  be  sold  for  payment  of  the  debts  and 
charges,  Praying  that  they  may  be  impowered  to  make  sale  of  that 
part  aforementioned. 

[Eead  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted  as  that 
the  Executor  one  of  the  Petitioners  be  and  hereby  is  impowered  to 
make  sale  of  the  House,  Barn,  Grist  mill  and  about  eight  acres  of 
Land  adjoining  for  the  most  it  will  fetch,  and  make  and  execute  a 
Deed  or  Deeds  thereof,  observing  the  rules  of  the  Law  for  the  sale 
of  Eeal  Estates  by  Executors  and  administrators  and  giving  due 
caution  to  the  Judge  of  Probate  for  the  County  of  Essex  that  after 
all  just  debts  due  from  said  Estate  are  paid  out  of  the  proceeds 
thereof,  that  the  remainder  shall  be  jiaid  to  the  Heirs  to  said  Estate 
or  their  Guardians  in  such  proportions  as  they  might  have  inherited 
said  Eeal  Estate  in  case  the  same  had  not  been  sold.    \^Passed  June  12. 


CHAPTEE    19, 


RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  BERKSHIRE 
COUNTY. 


Legislative 
Records  of  the 
Council,  XXX,, 


House  Jour- 
nal, pp.16, 2S, 


The  account  of  Mark  Hopkins  Esq'  Treasurer  of  the  County  of 
Berkshire  being  laid  before  the  Court  for  allowance  the  following 
Order  passed  thereon  viz' 

Whereas  it  appears  upon  examination  of  the  said  account  that  all 
the  monies  granted  and  allowed  to  be  paid  by  the  Court  of  General 
Sessions  of  the  peace  for  said  County  for  the  year  1772  were  for 
such  purposes  &  appropriations  as  the  said  Court  by  Law  is  impow- 
ered to  grant;  therefore 

Resolved  that  said  account  be  allowed.     [Passed  June  14. 


CHAPTEK    20, 


RESOLVE  IMPOWERING  MARY  BACON,  ADM^,  TO  SELL  AND  CONVEY 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 


LegiBiative  A  PETITION  of  Mary  Bacon  of  Brookfield  formerly  Widow  of 

Council,  XXX.,  Ecubcn  Olds  late  of  said  Brookfield  deceased  and  administratrix 
on  his  Estate  Setting  forth.  That  on  the  7  day  of  January  Anno 
Dom  1761  she  was  impowered  by  the  General  Court  to  make  sale 
of  the  Eeal  Estate  of  her  late  Husband  the  said  Eeuben  Olds;  the 
jDroceeds  whereof  to  be  disposed  of  as  in  and  by  said  Order  will 
appear,  but  soon  after  her  obtaining  said  Order  she  intermarried 
with  one  John  Bacon  and  nothing  was  done  in  consequence  of  the 
said  Order  That  about  three  years  ago  her  said  husband  left  her; 
since  which  she  has  not  had  any  certain  intelligence  of  him ;  that 
it  still  remains  necessary  that  the  said  Eeal  Estate  should  be  sold. 
And  praying  that  she  may  be  impowered  to  sell  and  convey  the 
same,  her  marriage  notwithstanding. 


House  Jour- 
nal, pp.15, 37, 
38.  Province 
Laws,  ii.,  151, 
cliap.  10;  xvi., 
646,  chap.  172. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1773-74.  719 

[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  she  is  accord- 
ingly hereby  impowered  to  sell  &  convey  the  Estate  in  her  Petition 
mentioned  lay  a  good  and  sufficient  deed  or  deeds  thereof  she  con- 
forming herself  to  the  Law  i-especting  the  sale  of  Real  Estates  by 
Executors  &  administrators  and  giving  sufficient  security  to  the 
Judge  of  Probates  for  the  County  of  Worcester  that  the  proceeds  of 
the  said  sale  shall  be  ai^plied  as  followeth  viz'  two  thirds  thereof 
shall  be  immediately  after  the  sale  put  into  the  hands  of  the  Guar- 
dian of  the  Children  of  the  said  Reuben  Olds  her  former  husband 
to  be  put  to  interest  for  their  benefit,  and  the  Interest  of  the  other 
third  he.  allowed  to  her  during  her  natural  life,  and  immediately 
after  her  decease  the  principal  shall  be  paid  to  said  Children  or 
their  legal  Representatives.     '[Passed  June  IB. 


.CHAPTBK    21. 

RESOLVE    ALLOWING    THE    ACC"  OF  PROVISIONS   OF  THE    COMMISSARY 
GENERAL. 

Thomas  Cushing  Esq"  Commissary  General  having  laid  before  Legislative 
the  Court  an  account  of  the  Provisions  by  him  bought  and  delivered  coS^Tcu  xx'x* 
out,  the  following  Order  passed  thereon,  after  having  been  pre-  so. 
viouslv  examined  by  a  Committee  of  the  two  Houses  respectively  Legislative 

.   t  r  J    Kecords  of  the 

VIZ  Council,  .XXX., 

Resolved  that  the  foregoing  account  being  right  cast  and  well  journal"™  29 
vouched  be  allowed,  and  the  Commissary  General  be  further  ac-  54. 
countable  for  seven  and  half  bushels  of  pease,  being  the  balance 
due.     \^Passed  June  17. 


CHAPTEK    22. 

RESOLVE   ALLOWING  THE   ACC  OF  THE   INDIAN  TRADE   OF   THE   COM- 
MISSARY GENERAL. 

Thomas  Cushing  Esq"  Commissary  General  having  laid  before  Legislative 
the  Court  an  account  of  the  Indian  Trade,  the  following  Order  coundf,  xx'x.! 
passed  thereon,  after  having  been  previously  examined  by  a  Com-  so.    Mass. 
mittee  of  the  two  Houses  respectively  viz'  717?  '^'"^'  ^^" 

Resolved  that  the  foregoing  ace'  being  right  cast  and  well  vouched  jiass.  ' 

be  allowed.  And  the  Commissary  General  be  further  Accountable  ^U^i^iJ^^House 
for  the  Sum  of  two  Thousand  three  hundred  and  nine  pounds,  nine-  Jo'umai,  p.  54. 
teen  shillings  and  Eleven  pence  farthing,  being  the  Ballance  of  the  2"^™'  ^  '^^' 
Truck  Trade,  as  Soon  as  he  receives  the  money  from  the  Truck 
master.     [P^^^^^  June  17. 


720 


PeovinceLaws  {Resolves, etc.). — 1773-74.     [Chaps.  23-25.] 


CHAPTEK    23. 


RESOLVE   ALLOWING  THE   ACC^  CURRENT   OF    THE    COMMISSARY    GEN- 
ERAL. 


Legislative 
Records  of  the 
Council,  XXX., 
5L 

House  Jour- 
nat,  p.  55. 
Suprut  chap. 


Thomas  Gushing  Esq^  Commissary  General  having  laid  before 
the  Court  his  account  current,  the  following  Order  passed  thereon, 
after  having  been  previously  examined  by  a  Committee  of  the  two 
Houses  respectively  viz' 

Resolved  that  the  foregoing  account  being  right  cast  and  well 
vouched  be  allowed,  and  the  Commissary  General  be  further  ac- 
countable for  the  sum  of  one  hundred  and  thirty  eight  pounds, 
nine  shillings  &  five  pence  one  farthing,  being  the  balance  due 
from  him.     \_Passed  June  17. 


CHAPTEK    24, 


RESOLVE   CONFIRMING  A   PLAN  OF  300  ACRES  OF   LAND   TO   JONATHAN 
SPRAGUE. 


House  Jour- 
nal, p.  65. 
Ante,  p.  658, 
chap.  74. 


Becord8"oUhe  PURSUANT  TO  THE  DIRECTION  in  the  Grant  made  to  Jonathan 
Council,  XXX.,  Sprague  the  14""  day  of  January  1773  of  300  acres  of  Land  lying 
"^  near  to  Ashfield,  the  said  Jonathan  returned  a  Plan  thereof  to  the 

Court ;  on  which  the  following  Order  passed  viz' 

Resolved  that  the  plan  hereunto  annexed,  containing  three  hun- 
dred acres  of  Land  delineated  and  described  as  follows  viz'  begin- 
ing  at  a  stake  and  stones  three  hundred  and  thirty  rods  from  the 
n  E  corner  of  Ashfield,  on  Ashfield  north  line,  or  at  the  S  W  corner 
of  Smiths  Grant,  runing  north  19  deg^  East  one  hundred  and  six- 
teen rods,  thence  W  19°  n  one  hundred  and  fifty  three  rods,  thence 
north  sixty  three  rods,  thence  W  3°  S  two  hundred  and  twenty  six 
rods,  thence  S  3°  E  one  hundred  and  six  rods,  thence  E  3°  n  sixteen 
rods,  thence  E  17°  S  three  hundred  and  twenty  rods  to  the  first 
mentioned  Stake  and  Stones;  the  corners  of  said  Grant  of  Laud  are 
all  Stakes  and  Stones,  be  and  hereby  is  confirmed  to  the  Petitioner 
Jonathan  Sprague  his  Heirs  and  assigns  forever,  on  condition  of 
the  said  Spragues  giving  sufiicient  security  to  the  Province  Treas- 
ury for  the  payment  of  forty  five  pounds  in  one  year  from  the  date 
hereof  with  lawful  interest  for  the  same  for  the  use  of  this  Prov- 
ince; provided  said  plan  doth  not  exceed  the  quantity  of  three  hun- 
dred acres,  nor  interfere  with  any  former  Grant.     \^Passed  June  18. 


CHAPTER    25 


RESOLVE  IMPOWERING  THE   COMMISSARY  GENERAL   TO    SUPPLY    PRO- 
VISIONS, ETC.,  TO  THE  INDIANS  AT  PENOBSCOT  FALLS. 

RifOTdfof  the  Whereas  the  Supplying  the  Indians  with  such  Goods  and  Pro- 

councii,  XXX.,  visions  as  they  stand  in  need  of  at  Penopscot  falls,  will  greatly  pro- 

ArchjTCs,'  mote  the  Trade  with  the  Indians,  and  prevent  their  being  defrauded 

xxxiii.,  593.  g^jjj^  abused  by  designing  men,  as  well  as  prevent  many  Quarrells 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  721 

and  mischiefs  that  may  Otherways  arise  which  may  be  attended  Keforrtg'of  t^e 
with  fatal  Consequences  to  this  Goverment.  therefore  Council,  xxx., 

Resolved  that  the  Commissary  General  be  and  he  hereby  is  directed  joiinaifp.^es^. 
to  lodge  Such  Goods  and  Provisions;  as  he  may  think  Expedient 
and  necessary  for  Carrying  on  the  Trade  with  the  Indians,  at  Such 
place  near  Penopscot  falls  as  he  may  think  will  best  accomodate 
the  Indians  and  that  he  hire  a  Store  at  or  near  the  place  before  men- 
tioned for  the  Lodgement  and  Preservation  of  Such  Goods  as  he 
may  Send  Down  for  the  purpose  aforesaid.     \^Passed  June  18, 


CHAPTEK    26. 

ORDER  WITH   NOTICE   AND   STAY   OF  PROCEEDINGS   ON   THE   PETITION 
OF  JOSIAH   CHAUNCY  IN   REGARD   TO  A  MEETING  HOUSE. 

A  Petition  of  Josiah  Chaiincy  Esq''  and  others  Inhabitants  of  Legislative 
the  District  of  Amherst  in  the  County  of  Hampshire    Praying  that  councu,  xxx.^ 
the  said  District  may  be  divided  in  the  middle,  into  two  Parishes;  ArcUv^e^s^'xiv., 
and  that  an  Order  may  be  passed  for  staying  all  proceedings  either  isai- 
in  erecting  the  two  meetinghouses,  the  said   District  has  lately  Mass. 
voted  to  erect,  or  in  demolishing  the  present  meetinghouse  until  gmI^'^Houb^'^'' 
the  final  determination  hereon;  and  also  praying  that  a  Committee  Journal, pp.66, 
may  be  apjiointed  to  repair  to  Amherst  to  view  their  situation  and 
circumstances,  and  that  the  costs  arising  by  this  application  may 
be  paid  by  the  said  District. 

[Eead  and] 

Ordered  That  The  Inhabitants  of  the  District  [of] '  amherst  be 
Notified  of  the  Contents  of  the  s**  Petition  and  that  they  have  day 
in  this  court  on  the  Second  Thursday  of  the  next  Session  thereof 
to  Shew  cause  (if  any  they  have)  why  the  Prayer  thereof  Should 
Not  be  granted  and  that  the  s"*  Inhabitants  in  the  mean  time  wholly 
Surcease  and  forbear  all  dispositions  and  jDroceedings  for  and  rela- 
tive to  the  building  any  New  Meeting  house  or  Meeting  houses  in 
the  s"*  district  excepting  upon  or  Near  the  Spot  where  their  present 
Meeting  house  Stands  or  relative  to  the  pulling  down  or  removing 
of  their  present  Meeting  house  except  it  be  for  the  jjurpose  of  erect- 
ing a  New  Meeting  house  where  the  old  or  present  Meeting  house 
now  Stands  And  that  for  the  Notifying  the  Inhabitants  of 

amherst  afores*  of  the  Contents  of  y'^  s"*  Petition  and  this  Order 
That  the  s''  Petitioners  forthwith  Serve  the  Clerk  of  the  s"^  district 
with  a  Copy  of  the  s**  Petition  and  this  order  attested  by  the  Sec- 
retary.    \^Passed  June  18. 


CHAPTEK    27. 

RESOLVE   CONFIRMING  A  TRACT  OF   LAND    TO    OLIVER    PEABODY    AND 
OTHERS. 

Resolved  that  the  plan  annexed  of  the  contents  of  six  tliousand  Legislative 
two  hundred  and  twenty  six  acres  exclusive  of  three  thousand  nine  council^  xxx.^ 
hundred  and  fifty  six  acres  and  thirty  one  pole  contained  in  moun-  — 

'  Inserted  from  Legislative  Records  of  the  Council,  xxx.,  55. 


722 


Province  Laws  {Resolves,  etc.) .  — 1773-74.      [Chap.  28.] 


Maps  and 
Plans,  Mis., 
xlv.,  li). 
House  Jour- 
nal, pp.  62, 67. 
Ante,  p.  639, 
chap.  44. 


taius  &  Eivers,  laid  out  pursuant  to  a  Grant  made  to  Oliver  Pea- 
body  and  John  Peabody  Jun'  of  Andover,  John  Bodwell  and  Samuel 
Bodwell  of  Methuen  June  27.  1772  lying  at  the  westerly  end  of  a 
Township  granted  to  Josiah  Eichardson  Esq'  and  others,  bounded 
at  the  Southwesterly  corner  with  a  large  high  Eock  on  the  east- 
wardly  line  of  a  Township  called  Shelburne,  thence  on  said  line 
north  eight  degrees  east  by  the  needle  three  hundred  and  twenty 
pole  to  Androscoggin  River,  then  crossing  said  Eiver  and  contin- 
uing the  same  course  till  eight  hundred  and  seventy  two  pole  be 
completed  from  the  Eock  aforesaid  to  a  Spruce  tree  marked  P  B, 
thence  East  by  the  needle  one  thousand  six  hundred  and  fifty  four 
pole  to  a  hemlock  tree  marked  P  B,  thence  South  twenty  degrees 
East  three  hundred  and  seventy  pole  to  the  northwest  corner  of  a 
Township  granted  to  Josiah  Eichardson  aforesaid,  thence  on  the 
same  course  crossing  the  westerly  end  of  an  Island  in  said  Eiver 
five  hundred  and  ninety  pole  to  a  Beach  tree  marked  P  B,  thence 
West  by  the  needle  over  a  large  mountain  two  thousand  and  eighty 
pole  to  the  Eock  first  mentioned,  be  accejDted  and  hereby  is  con- 
firmed to  the  aforesaid  Oliver  Peabody,  John  Peabody  jun',  John 
Bodwell  &  Samuel  Bodwell  their  Heirs  and  assigns  forever;  pro- 
vided they  give  Bond  with  sufficient  sureties  to  the  Province  Treas- 
urer or  his  successor  to  settle  the  same  with  fifteen  Families,  each 
of  which  within  sis  years  from  the  date  hereof  to  have  built  a  good 
House  of  twenty  feet  by  eighteen  and  seven  feet  stud  and  have 
cleared  for  pasturage  or  tillage  five  acres  each ;  that  they  also  out 
of  the  premises  grant  one  hundred  acres  for  the  first  ordained  Prot- 
estant minister,  one  hundred  acres  for  the  ministry  and  one  hun- 
dred acres  for  the  use  of  a  School  within  said  Grant  and  further 
that  they  give  Bond  with  si^flicient  sureties  to  the  Treasurer  to  pay 
to  him  or  his  successor  for  the  use  of  the  Province  the  sum  of  eighty 
pounds,  one  shilling  and  seven  pence  within  one  year  from  the  date 
hereof;  provided  also  that  it  doth  not  exceed  the  quantity  of  six 
thousand  two  hundred  and  twenty  six  acres,  exclusive  of  three  thou- 
sand nine  hundred  and  fifty  six  acres  of  Mountains  and  Eivers  as 
aforesaid  nor  interfere  with  any  former  Grant.     [Passed  June  19. 


CHAPTEE    28, 


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


lieglslatlve 
Records  of  the 
Council,  XXX., 


The  accouxt  of  John  Chandler  Esq'  Treasurer  of  the  County  of 
Worcester  being  laid  before  the  Court  for  allowance,  the  following 
Order  passed  thereon  viz'' 

Whereas  it  appears  upon  examination  of  the  said  account  that 
all  the  monies  granted  and  allowed  to  be  paid  by  the  Court  of  Gen- 
eral Sessions  of  the  peace  for  said  County  for  the  year  1772  were 
for  such  purposes  and  appropriations  as  the  said  Court  by  Law  is 
impowered  to  grant;  therefore 

Resolved  that  said  account  be  allowed.'     [Passed  June  19. 

•  Not  found  in  the  House  Journal. 


[1st  Sess.]     Province  'LA^NS,  {Resolves,  etc.).  — 1773-74.       '  723 


CHAPTEE    29. 

RESOLVE   ESTABLISHING   THE   GARRISON  AT   FORT   POWNAL   AND    THE 
WAGES   OF  OFFICERS   AND   MEN. 

Resolved  that  there  be  an  Establishment  for  Twenty  one '  men  Legislative 
officers  Included,  for  Fort  Pownall,  at  Penopscot  and  that  their  cotmcif  xx'x.^ 
Wages  be  fixed  at  the  following  rates  to  Continue  for  one  year  from  67.  Mass. 
the  ao""  of  this  Instant  June  ixx^xJ^lii 

'                        '                                                    House  Jour- 
One  Lieutenant    ^  month £2.  10.  0              nal,  ij.67. 

One  Chaplain       ^    ditto 4.     0.  0 

One  Interpreter   ^    ditto 2.  10.  0 

One  Gunner         V>    ditto 2.     5.  0 

One  Armourer      P    ditto 1.  10.  0 

One  Seargent       ^    ditto 1.  10.  0 

Fifteen  privates  ^?    ditto,  each 1.     4.  U 


[Passed  June  19. 


CHAPTER    30. 

RESOLVE   ALLOWING   £5.  8   TO   GEORGE   HITCHCOCK. 

A  Petition  of  George  Hitchcock  of  Springfield     Setting  forth,  K*'"'^d'"^^th 
That  in  Novem'  1766  divers  prisoners  in  his  majesty's  Goal  in  said  council,  xxx., 

Springfield  by  the  assistance  of  certain  evil  minded  men  and  by  E: 

means  of  Tools  conveyed  to  them  for  this  purpose  broke  the  same  nai"if  55"^' 
Prison  and  made  their  escajse  therefrom  That  he,  being  then  a 
deputy  Sheriff  for  the  County  of  Hampshire,  immediately  caused 
suit^  to  be  made  for  the  said  Prisoners;  the  expence  whereof  neces- 
sarily amounted  to  the  sum  of  £5.8  That  at  the  Superior  Court 
held  at  said  Springfield  next  after  the  breach  of  Prison  aforesaid, 
two  persons  were  duly  convicted  of  conveying  Tools  into  the  Prison 
aforesaid  and  to  the  Prisoners  aforesaid,  and  were  thereupon  sen- 
tenced by  the  Court  to  pay  a  several  fine  agreable  to  Law,  which 
Fines  were  paid  into  the  County  Treasurer.  And  praying  that  the 
Treasurer  of  the  said  County  may  be  ordered  to  pay  him  the  said 
sum  of  £5.'' 8  out  of  the  fines  aforesaid. 

[Read  and] 

Resolved  that  the  account  of  the  said  George  Hitchcock  annexed 
to  his  said  Petition  is  a  reasonable  account  and  that  the  Petitioner 
ought  to  be  rewarded  for  his  service  and  reimbursed  his  expences 
as  therein  set  forth.  And  that  inasmuch  as  the  Fines  mentioned  in 
his  said  Petition  amounting  to  the  sum  of  ten  pounds  were  accord- 
ing to  Law  paid  into  the  hands  of  the  Sheriff  of  the  said  County 
of  Hampshire  and  not  into  the  County  Treasurer,  the  Sheriff  of 
the  said  County  be  and  he  is  hereby  ordered  to  pay  to  the  Petitioner 
out  of  the  Fines  in  his  hands  the  sum  of  five  pounds,  eight  shil- 
lings, and  that  the  payment  of  the  same  to  the  Petitioner  be  a  suffi- 
cient discharge  of  the  said  Sheriff  for  so  much  of  the  fines  in  his 
hands  on  the  settlement  of  his  account  thereof.     [Passed  June  21. 

^  The  House  Journal  reads,  "Twenty  Men." 

^  Sic. 

^  The  House  Journal,  p.  55,  reads,  ^^  seven  Pounds.** 


724 


Peovince  Laws  {Resolves, etc.).  — 1773-74.     [Chaps.  31-33.] 


CHAPTEK    31 


Legislative 
Records  of  the 
Council,  XXX., 


House  Jour, 
nal,  pp.  15, 68. 


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

The  account  of  James  Russell  Esq'  Treasurer  of  the  County  of 
Middlesex  being  laid  before  the  Court  for  allowance  the  following 
Order  passed  thereon  viz' 

"Whereas  it  appears  upon  examination  of  said  account  that  all  the 
monies  granted  and  allowed  to  be  paid  by  the  Court  of  General  Ses- 
sions of  the  peace  for  said  County  for  the  year  1772  were  for  such 
purposes  and  appropriations  as  the  said  Court  by  Law  is  impowered 
to  grant;  therefor 

Resolved  that  said  account  be  allowed.     {Passed  June  22. 


Legislative 
Records  of  the 
Council,  XXX., 
63.    Mass. 
Archives,  lix., 
694. 

House  Jour- 
nal, pp.  202, 215 
(February, 
1773) ;  pp.  23, 
71.  Province 
Laws,  xvii., 
443,  chap.  151. 


CHAPTER    32. 

RESOLVE  DIRECTING  THE   PROVINCE   TREASURER  TO  TAKE    SECURITY 
FOR  EXTENSION   OF  LOAN   TO   JAMES   BOIES   AND   RICHARD   CLARK. 

A  Petition  of  James  Boies  and  Richard  Clark  of  Milton  Set- 
ting forth  That  the  time  for  payment  of  the  money  due  from  them 
to  the  Province  will  expire  this  mouth.  And,  as  they  have  expended 
large  sums  of  money  in  building  and  enlarging  their  works,  for  the 
better  carrying  on  their  business  which  is  of  great  advantage  to  the 
public.  Praying  that  a  further  time  may  be  allowed  them  for  the  pay- 
ment thereof. 

Whereas  James  Boies  and  Rich'*  Clark  stand  indebted  to  this 
province  for  monies  Lent  them  some  years  ago  which  money  will 
soon  become  due  and  they  having  humbly  represented  to  this  Court 
that  it  would  be  greatly  to  their  Benefit  to  have  further  time  to 
pay  the  same. 

Resolved  that  the  Treasurer  be  directed  and  he  is  hereby  accord- 
ingly directed  to  take  good  Security  from  the  said  Petitioners  to  pay 
One  hundred  pound  of  the  above  mentioned  debt  the  first  of  Jan- 
uary next  and  allso  to  pay  One  hundred  pound  yearly  on  the  first 
of  January  untill  the  whole  is  paid.     \^Passed  June  22. 


Legislative 
Records  of  the 
Council,  XXX., 
64. 

House  Jour- 
nal, pp.  15,  57. 


CHAPTER    33. 

RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    ESSEX 
COUNTY. 

The  ACCOUNT  of  M'  Michael  Farley  Treasurer  of  the  County  of 
Essex  being  laid  before  the  Court  for  allowance,  the  following  Order 
passed  thereon  viz' 

Whereas  it  appears  upon  examination  of  the  said  account  that  all 
the  monies  granted  and  allowed  to  be  paid  by  the  Court  of  General 
Sessions  of  the  peace  for  said  County  for  the  year  1773  were  for 
such  purposes  and  appropriations  as  the  said  Court  by  Law  is  im- 
powered to  grant ;  therefore 

Resolved  that  said  account  be  allowed.     [Passed  June  22. 


[1st  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1773-74.  725 


CHAPTEK    34. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF  THE  TREASURER  OF    SUFFOLK 
COUNTY. 

The  accoun^t  of  Joshua  Henshaw  Esq'  Treasurer  of  the  County  Legislative 
of  Suffolk  being  laid  before  the  Court  for  allowance  the  following  g^™c?f,  xxx.! 
Order  passed  viz' 


Whereas  it  appears  upon  examination  of  the  said  account  that  all  House  Jour, 
the  monies  granted  and  allowed  to  be  paid  by  the  Court  of  General  ""'' pp- !'>■  39- 
Sessions  of  the  peace  for  said  County  for  the  year  1773  were  for  such 
purposes  and  appropriations  as  the  said  Court  by  Law  is  impowered 
to  grant ;  therefore 

Resolved  that  said  account  be  allowed.      \^Passed  June  22. 


CHAPTEK    35. 

ORDER  ALLOWING   £10  TO   WILLIAM   BAKER. 

A  Petition  of  William  Baker  messenger  to  the  General  Court  Legislative 
Setting  forth     That  he  hath  served  in  that  capacity  twenty  four  council,  xxx., 

years  past,  and  remembers  with  gratitude  the  Grants  which  have  ^ . 

been  made  him  for  his  services  therein  from  time  to  time    That  his  na^i^pp'^sTTi. 
annual  expences  he  can  make  appear  amounts,  with  good  ceconomy,  Province  ' 
to  more  than  one  hundred  and  thirty  pounds.  And  praying  relief,     cha^'-m''  ^^' 
[Read  and]  tSl^^tv.'m, 

Ordered  that  there  be  allowed  and  paid  out  of  the  public  Treas-  chap.93;p.67i, 
ury  the  sum  of  Ten  pounds  to  M"'  William  Baker  in  further  con-  "  ^^' 
sideration  of  his  services  the  year  past.      [Passed  June  22. 


CHAPTER    36. 

ORDER  OF  NOTICE   WITH   STAY  OF  EXECUTION   ON    THE    PETITION    OF 
JOSEPH  STOCKMAN  IN  REGARD  TO  THE  RE-HEARING  OF  AN  ACTION. 

The  Committee  of  both  Houses  appointed  to  consider  the  Peti-  ^s'^Jf"'?  ,^ 
tion  of  Joseph  Stockman  [in  regard  to  an  action]  have  attended  that  council,  xxx., 
service  and  are  of  opinion  that  the  said  Joseph  Stockman  notify  the  — 


adverse  party  by  leaving  an  attested  Copy  of  this  Petition  with  him  na*i°pp ^49^55, 
that  he  shew  cause  if  any  he  has  on  the  second  Wednesday  of  the  "3- 
next  Session  of  the  General  Court  why  the  prayer  of  said  Petition 
should  not  be  granted,  and  that  Execution  be  staid  in  the  mean 
time ;  the  said  Stockman  paying  all  cost  that  has  arisen  to  this  time, 
and  give  Bond  to  the  Sheriff  of  the  County  of  Essex  to  pay  what 
shall  finally  be  recovered 

Artemas  Ward  ^  Order 

[Read  and] 

Ordered  that  the  adverse  party  be  notified  accordingly;  and  that 
Execution  be  staid  in  the  mean  time,  and  that  the  said  Joseph 
Stockman  pay  all  the  cost  that  has  arisen  to  this  time  and  give  Bond 
to  the  Sheriff  of  the  County  of  Essex  to  pay  what  shall  finally  be 
recovered.     [Passed  June  22. 


726 


Province  Laws  {Resolves,  etc.) .  — 1773-74.     [Chap.  37.] 


CHAPTEE    37. 


RESOLVES   CONFIRMING  SALE   OF  LANDS   IN   ASHFIELD   AND    SETTLING 
AFFAIRS   IN   REGARD   TO   THE   SAME. 


Legislative 
Records  of  the 
Council,  XXX., 
65; 

Legislative 
Records  of  the 
Council,  XXX., 
32,  59.    House 
Journal,  pp.  43, 
66,  69,  75. 
Province 
Laws,  v.,  373- 
75,  notes. 
Ante,  p.  681, 
chap.  129. 


Resolved  That  all  the  sales  of  Lauds  made  by  the  proprietors  of 
the  Township  of  Ashfield  by  their  assessors  or  Committee  iii  the 
years  1763,  1764  1765  for  payment  of  taxes  to  bring  forward  the 
settlement  of  said  Town  be  confirmed  and  made  good  and  valid  to 
all  intents  and  purposes  in  Law.  And  that  the  Estate  in  the  several 
lots  of  Land  purported  by  the  several  deeds  thereof  executed  by  the 
said  proprietors  assessors  or  Committees  in  the  years  aforesaid  to  be 
conveyed  to  the  respective  vendees  their  Heirs  and  assigns  respec- 
tively in  as  full  and  ample  a  manner  as  they  would  have  been  in 
case  there  had  been  no  defect  or  illegality  in  the  proceedings  in 
said  sales  made  as  aforesaid  by  the  said  proprietors  their  assessors 
or  Committees  upon  condition  nevertheless  that  each  of  the  pur- 
chasers of  the  several  Lots  of  Land  sold  as  aforesaid,  their  Heirs  or 
assigns  pay  within  six  months  next  after  the  date  hereof  to  the  per- 
sons that  owned  said  Lots  of  Land  at  the  time  of  the  sales  afore- 
said, their  Executors  or  administrators  or  assigns  respectively  the 
several  sums  of  money  reported  by  the  Committee  appointed  by  the 
General  Court  February  5.  1773  to  repair  to  the  Town  of  Ashfield 
and  judge  and  determine  what  the  said  Lots  sold  as  aforesaid  for 
the  payment  of  Taxes  were  actually  worth  more  than  what  the  said 
lots  were  sold  for  at  the  time  of  the  sale  and  the  damage  which 
accrued  to  the  owners  of  said  Lands  by  said  sales.  And  any  and 
every  of  the  said  persons  who  have  purchased  any  of  the  said  lots 
sold  as  aforesaid  for  the  payment  of  taxes  and  taken  deeds  of  the 
proprietors,  assessors  or  Committees  as  aforesaid,  who  shall  refuse 
or  neglect  to  pay  to  the  persons  that  owned  said  lots  of  Land  at  the 
time  of  the  sales  aforesaid  their  Executors  or  administrators  respec- 
tively the  sums  of  money  reported  by  the  Committee  to  repair  to 
the  Town  of  Ashfield  to  judge  and  determine  what  said  lots  so  sold 
were  actually  worth  more  at  the  time  of  the  sale  than  said  lots  were 
sold  for  and  the  damages  accruing  by  said  sales  to  the  owners,  shall 
not  have  or  receive  any  benefit  in  by  or  from  the  foregoing  Resolve. 
And  such  of  the  said  purchasers  only  that  comjily  with  the  foregoing 
condition  shall  be  benefited  thereby.  Be  it  further 

Resolved  that  the  proprietors  of  the  Town  of  Ashfield  pay  Daniel 
Williams  Esq''  within  twelve  months  after  the  acceptance  of  this 
report  the  sum  of  twenty  pounds  as  an  indemnification  for  the  ex- 
pence  and  trouble  he  has  been  put  to  on  his  own  account  and  as 
agent  for  several  of  said  delinquent  proprietors  since  application 
has  been  made  to  the  General  Court  in  this  matter.  And  the  Com- 
mittee appointed  by  the  Court  to  settle  the  affairs  of  the  Town  of 
Ashfield  are  impowered  to  assess  the  Lands  of  the  said  proprietors 
and  collect  money  for  the  payment  of  the  same,  and  in  case  the 
aforesaid  sum  is  not  paid  by  the  said  Committee  by  the  time  pre- 
fixed as  abovesaid  the  said  Daniel  shall  have  &  maintain  his  action  in 
Law  against  said  proi^rietors  for  the  recovery  thereof.  And  that  the 
Treasurer  of  the  said  propriety  account  with  and  pay  to  the  said 
persons  that  were  owners  of  said  lots  at  the  time  of  sale  or  their 
order,  their  Heirs  and  assigns  respectively  the  monies  arising  by 
said  sales  over  and  above  the  amount  of  the  taxes  for  the  jjayment 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  727 

of  which  said  Lands  were  sold  and  the  expences  of  said  sales.  And 
if  the  defendants  in  two  several  actions  now  pending  at  the  Infe- 
rior Court  of  Common  pleas  within  and  for  the  County  of  Hamp- 
shire viz'  William  Dunmore  and  Wife  plaintiiis  v'  Enoch  Allen 
defendant,  and  Daniel  Williams  Esq'  plaintifE  v*  John  Wilkie  de- 
fendant, pay  to  the  plaintiffs  in  said  suits  their  legal  cost  to  be 
taxed  by  said  Court,  then  and  in  that  case  the  aforesaid  suits  to 
be  discontinued ;  but  upon  failure  thereof  the  said  Daniel  and  Wil- 
liam and  Wife  have  right  to  proceed  and  pursue  their  actions  as 
before  this  Eesolve  took  place.     [Passed  June  23. 


CHAPTER    38. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF  THE  TREASURER  OF   CUMBER- 
LAND  COUNTY. 

The  ACCOUNT  of  James  Milk  Treasurer  of  the  County  of  Cum-  Legislative 
berland  being  laid  before  the  Court  for  allowance,  the  following  coSSctf,  xVx.^ 
Order  passed  thereon  viz'  ^I: 

Whereas  it  apjaears  upon  examination  of  said  account  that  all  the  House  Jour- 
monies  granted  and  allowed  to  be  paid  by  the  Court  of  General  Ses-  ''''  ''''^'  ^'    " 
sions  of  the  peace  for  said  County  for  the  year  1772  were  for  such 
purposes  and  appropriations  as  the  said  Court  by  Law  is  impowered 
to  grant;  therefore 

Resolved  that  said  account  be  allowed.     [Passed  June  23. 


CHAPTER    39. 

RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    TREASURER    OF    HAMP- 
SHIRE  COUNTY. 

The  ACCOUNT  of  Edward  Pyncheon  Esq"'  Treasurer  of  the  County  Legislative 
of  Hampshire  being  laid  before  the  Court  for  allowance  the  follow-  councif  xx*x.^ 
ing  Order  passed  viz'  68- 

Whereas  it  appears  upon  examination  of  the  said  account  that  all  House  Jour- 
the  monies  granted  and  allowed  to  be  paid  by  the  Court  of  General  ""'PP-  ^•'  • 
Sessions  of  the  peace  for  said  County  for  the  year  1773  were  for 
such  purposes  and  appropriations  as  the  said  Court  by  Law  is  im- 
powered to  grant;  therefore 

Resolved  that  said  account  be  allowed.     [Passed  June  23. 


CHAPTER    40. 

ORDER  IMPOWERING   CAPT.   ASA    WHITCOMB    TO    SELL    AND    CONVEY 
LAND. 

A  Petition  of  John  Bowen  of  Princeton  in  the  County  of  Worces-  Legislative 
ter     Setting  forth.  That  he  having  formerly  petitioned  this  Court  councif  xxx'^ 
concerning  a  tract  of  Land  adjoining  to  Princeton,  they  appointed  ss- 


728 


Province  'LAWs{Iiesolves,e(c.).  — 1773-74.     [Chap.  41.] 


HonBe  Jour- 
nal, pp.47,  B3. 
AntCt  p.  558, 
chap.  53. 


a  Committee  to  make  sale  thereof,  but  the  Committee  finding  it  to 
be  of  so  little  value  have  declined  to  advertize  it  for  a  public  vendue. 
And  praying  that  said  Committee  may  be  ordered  to  value  the  said 
Land,  and  that  he  may  be  allowed  to  purchase  it,  as  he  has  through 
inadvertence  cleared  some  part  thereof. 

[Eead  and] 

Ordered  that  Cap'  Asa  Whitcomb  be  and  hereby  is  impowered  to 
sell  the  Lands  mentioned  in  said  Petition  for  the  most  the  same 
will  fetch,  and  the  said  Asa  Whitcomb  is  hereby  impowered  to  make 
good  and  sufficient  deed  or  deeds  of  the  same  to  the  purchaser  or 
purchasers,  he  or  they  giving  good  and  sufficient  security  to  the 
Province  Treasurer  for  the  sum  or  sums  said  Land  may  be  sold 
for,  to  be  paid  within  one  year  from  the  time  of  such  sale  with  law- 
ful interest  for  the  same  until  paid,  and  that  the  said  Asa  Whit- 
comb return  a  plan  thereof  to  this  Court.     [Passed  June  23. 


CHAPTEE    41 


Legislative 
Kecords  of  the 
Council,  XXX., 
69.    Mass. 
Archives, 
cxvlli.,  664. 

Mass. 
Archives, 
cxvlii.,  658-663. 
Legislative 
Records  of  the 
Council,  xxix., 
406.    Province 
Laws,  v.,  855-8, 
notes.    House 
Journal,  pp.  66, 
68,76. 


ORDER  ERECTING   SUNDRY   PERSONS  AND   THEIR    ESTATES   LIVING   IN 
WORCESTER,  SUTTON, '  OXFORD   AND  LEICESTER  INTO  A  PRECINCT. 

The  CoMiiiTTEE  appointed  the  23''  day  of  January  last  on  the 
Petition  of  Daniel  Boyden  and  others  in  behalf  of  themselves  and 
as  agents  for  sundry  Inhabitants  of  the  Towns  of  Worcester,  Oxford, 
Sutton  and  Leicester  made  report;  in  consequence  of  which,  the 
following  Order  passed  viz' 

Ordered  That  Gershom  Eice  Israel  Stevens,  David  Bancroft, 
Jonathan  Stone,  Daniel  Boyden,  Jacob  Stevens,  Thomas  Drury, 
Thomas  Drury  jun"'  Henry  Gale,  William  Bancroft,  James  Nichols, 
Darius  Boyden,  Jam[es]  Hart,  Thomas  Baird,  James  Hart  jun' 
Thomas  Baird  jun'  Oliver  Ciirtis  Comfort  Eice,  Elizabeth  Boyden, 
Phebe  Bancroft  John  Boyden,  Daniel  Bancroft,  Charles  Hart, 
James  Nichols  Peter  Boyden,  of  Worcester,  Benjamin  Carter, 
Charles  Eichardson  Timothy  Carter,  Phiuehas  Eice,  Benjamin 
Carter  jun'  Eachel  Buck,  Daniel  Eoper,  Gershom  Biglow,  Ger- 
shom Biglow  jun'  Peter  Hardy,  Daniel  Cummings,  Charles  Eich- 
ardson jun'  of  Sutton,  Samuel  Eddy,  Levi  Eddy,  Peter  Jennison, 
Euth  Stone  Jesse  Stone,  Isaac  Pratt,  Abraham  Eitts,  Alexander 
Nichols,  David  Gleason,  of  Oxford,  John  Crowl  jun',  Andrew  Crowl 
Jonathan  Phillips,  John  Hart,  Thomas  Scott,  William  Young  Jon- 
athan Stone,  of  Leicester,  be  and  hereby  are,  with  their  Families 
and  Estates,  erected  into  a  Precinct,  and  shall  enjoy  all  the  powers 
and  privileges  which  other  Precincts  in  this  Province  by  Law  en- 
joy    And  it  is  further 

Ordered  that  all  other  Persons  (with  their  Families  &  Estates) 
living  in  the  Towns  of  Worcester,  Leicester  &  Oxford,  not  further 
than  three  miles,  as  the  Eoads  are  now  trod,  from  the  place  herein 
after  fixed  for  building  the  meeting  house  upon,  together  with  such 
others  in  Sutton  that  live  not  further  than  one  mile  and  an  half 
from  said  place,  who  shall  signify  their  desire  to  belong  to  said 
Precinct  by  lodging  their  names  in  the  Secretarys  office  within 
[n]ine  months  from  this  date,  be  and  hereby  are  Incorporated  and 
made  a  part  of  the  Precinct  aforesaid. 

^  The  House  Journal,  p.  76,  reads,  "  Mendon." 


[1st  Sess.]     Provixce  Laws  {Resolves,  etc.).  — 1773-74.  729 

Ordered  that  the  spot  for  erecting  the  meeting  honse  ujjon  be  at 
the  following  place  viz'  at  an  Oak  stump  with  Stones  upon  it  stand- 
ing on  the  Westerly  side  of  the  County  Road  leading  from  Worces- 
ter to  Oxford  near  the  center  of  two  acres  of  Land  which  Thomas 
Drury  conveyed  to  Jonathan  Stone,  Daniel  Boyden  and  David  Ban- 
croft; tlie  said  two  acres  of  Land  with  in  the  Gore  of  Land  that 
was  annexed  to  the  Town  of  Worcester.     [Passed  June  23. 


CHAPTEK    42. 

RESOLVE    ALLOWING    FURTHER    TIME    TO    CHA"    GOODRICH    FOR    THE 
PAYMENT   OF  HIS   DEBT  TO   THIS  PROVINCE. 

On  a  motion^  made  and  seconded  that  Charles  Goodrich  may  be  Legislative 
allowed  a  further  time  for  the  payment  of  the  sum  of  four  hundred  coudcil  xx'x  ^ 

and  forty  two  pounds  nine  shillings  and  six  pence  due  from  him  vo^ '_ 

the  said  Charles  to  this  Government  for  Province  Lands  heretofore  House  Jour, 
purchased.  SntJ^p.ne/' 

i^(V<oZyefZ  that  the  said  Charles  Goodrich  be  allowed  the  further  "'"'p-i^- 
term  of  two  years  to  pay  in  the  whole  of  said  sum  of  four  hundred 
and  forty  two  pounds,  nine  shillings  and  six  pence,  he  giving  suffi- 
cient security  to  the  Province  Treasurer  for  the  time  being  to  pay 
to  the  said  Treasurer  or  his  successor  in  said  office  the  one  half  of 
said  sum  by  the  20""  day  of  June  next  with  lawful  interest  for  the 
same,  and  the  remaining  half  thereof  with  interest  also  by  the  20"" 
day  of  June  then  next  following :  and  upon  security  given  as  aforesaid 
the  Treasurer  is  hereby  directed  to  discharge  the  Execution  against 
him  the  said  Charles;  provided  the  abovesaid  sum  amounts  to  the 
whole  of  what  is  due  from  him  thereon.     \^Passed  June  24. 


CHAP  TEE    43. 

ORDER  DESIRING  THE  GOVERNOR  TO  JOIN  WITH  THE  GOVERNOR  OF 
NEW  YORK  IN  APPOINTING  SURVEYORS  TO  RUN  THE  NEW  Y'ORK 
LINE. 

Ordered  that  the  Thanks  of  the  two  houses  be  &  hereby  are  given  Legislative 
to  the  Gentlemen  employed  on  the  part  of  this  province  to  settle  c^°°''*if  °  x""* 
the  Line  with  N  York  for  their  faithfuU  discharge  of  the  Trust  72.  Mass. 
reposed  in  them ;  that  their  proceedings  be  copied  in  the  secretary's  ^2"''"''^'  '^" 
office,  that  His  Excellency  the  Governor  be  desired  to  Join  with  The  ^^, 
Governor  of  New  York  in  the  Appointment  of  one  or  more  Sur-  Archives,  iv., 
veyors,  and  Necessary  Chainmen  to  Run  and  mark  the  Lines  Agreed  latfve  Records' 
on  as  soon  as  may  be,  and  That  Joseph  Hawley  Esq'"  one  of  the  Com-  xx'x!!^m°3o°3;"' 
missarys  on  the  part  of  this  province  be  desired  To  Attend  &  see  House  Jour- 
to  the  faithfull  runing  and  marking  said  Line  and  authenticate  the  Prov'ince 
report  of  such  surveyor  or  surveyors  who  with  the  chainmen  shall  ch\^^ 'isj' ise,' 
be  under  Oath  for  the  faithful  i^erformance  of  this  business;  and  ^oxee.  Ante', 
that  such  report  of  the  surveyors  Be  recorded  in  the  Secretarys  127.   '"  ''^' 
office  with  the  journal  of  the  proceedings  of  the  Commissarys,  and 
be  printed  with  it;  that  a  Copy  of  such  journal  be  delivered  to  Each 


rso 


Province  Laws  {Resolves, etc.).  — 1773-74.     [Chaps.  44-46.] 


member  of  the  General  Court,  and  also  a  Copy  for  The  use  of  Each 
Town  in  the  province,  and  that  the  printing  of  the  same  be  under 
the  Inspection  &  correction  of  the  said  Commissarys.  [Passed 
June  24. 


CHAPTEE    44. 

RESOLVE  WITH  STAY  OF  PROCEEDINGS   ON  THE   PETITION   OF  THOMAS 
FLETCHER  TO  ALLOW  FURTHER  TIME  FOR  THE  PAYMENT  OF  A  DEBT. 

Legislative  Qn  THE  PETITION  of  Thomas  Fletcher     Whereas  the  Province 

Recoras  of  the  ^  .  •        -n        t  •  i  ■  i 

Council,  XXX.,   Treasurer  commenced  a  suit  ujoon  certain   Bonds  given  by  said 
— ■ Thomas  to  the  Treasurer  aforesaid  and  recovered  Judgment  thereon 

Mass.  -_--        -  ...        _  ..        ...  .  ...__ 


JoTimal,  pp. 


Archives, cxx.,  ^^  the  Inferior  Court  held  at  Boston  in  April  last,  from  which  Judg- 
705-708.  House  ment  the  said  Thomas  appealed  to  the  then  nest  Superior  Court. 

Resolved  iasX  the  prayer  of  said  Petition  be  so  tar  granted  that  the 
Treasurer  be  and  hereby  is  directed  to  drop  said  suit  and  stay  all 
further  proceedings  thereon  for  the  term  of  two  years,  the  said 
Thomas  allowing  the  interest  during  said  term  till  the  money  be 
paid,  he  giving  Bond  with  two  sureties  for  the  payment  of  the  prin- 
cipal sum  and  Interest  with  the  costs  that  have  arisen.  [Passed 
June  25. 


CHAPTEE    45 


ORDER  APPOINTING    A    COMMITTEE    TO    COUNTERSIGN    TREASURER'S 
NOTES. 


Legislative 
Records  of  the 
Council,  XXX., 
74.    Mass. 
Archives,  civ., 
62S. 

House  Jour- 
nal, p.  84. 
Province 
Laws,  v.,  299, 
chap.  9;  357, 
note. 


In  the  House  of  Representatives 

Ordered  that  M'  Speaker  and  JP  Adams  with  such  as  the  Hon*"^ 
Board  shall  joyn  be  a  Committee  to  countersign  the  Treasurers 
notes  as  they  may  from  time  to  time  be  issued  by  Vertue  of  an  Act 
of  this  Court 

In  Council  Read  &  Concurred  &  James  Pitts  Esq'  is  joined. 
[Passed  June  25. 


CHAPTEE    46, 


RESOLVE   IMPOWERING  THOMAS   HL^BBARD,  EXECUTOR,  TO   SELL    REAL 
ESTATE    AND  MAKING  PROVISION  IN  REGARD   TO   THE   PROCEEDS. 


Legisliitive 
Eecords  of  the 
Council,  XXX., 


House  Jour, 
nal,  pp.  37, 80. 
Province 
Laws,  11.,  151, 
chap.  10. 


A  Petition  of  Thomas  Hubbard  of  Boston  Esq'  the  only  acting 
Executor  of  the  last  Will  and  Testament  of  John  Osborne  late  of 
said  Boston  Esq'  deceased  Setting  forth.  That  he  recovered  Judg- 
ment against  one  Jeremiah  Russell  of  said  Boston  upon  a  mortgage 
deed  of  a  certain  House  and  Land  in  Milk  Street  to  the  said  John 
Osborne;  that  the  time  of  redemption  is  expired  and  the  Estate 
mortgaged  is  become  an  absolute  Estate  in  the  residuary  Legatees 
of  the  said  Osborne :  That  since  the  Judgment  the  House  has  been 
providentially  burnt  and  the  Land  will  not  sell  for  the  value  of  the 
principal  and  interest  due  upon  the  said  mortgage.  That  Samuel 
Osborne  the  eldest  Son  of  the  Testator,  and  one  of  the  residuary 
Legatees,  deceased  since  his  Father  and  his  Estate  has  been  repre- 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  731 

sented  Insolvent,  and  it  is  not  practicable  for  the  Representatives 
of  the  said  Samuel  to  join  with  the  other  residuary  Legatees  in  the 
sale  of  the  premises.  And  praying  that  he  may  be  impowered  to 
make  sale  thereof  in  order  to  the  completing  his  administration  of 
the  said  Estate. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  make  sale  of  the  Estate  in  his  Petition  mentioned  for  the  most 
the  same  will  fetch,  and  make  aad  execute  a  good  and  sufficient 
deed  or  deeds  thereof,  he  observing  the  rules  and  directions  of  the 
Law  for  the  sale  of  Real  Estates  by  Executors  and  administrators 
and  giving  security  to  the  Judge  of  Probate  for  the  County  of  Suf- 
folk that  he  will  apply  the  proceeds  of  such  sale  according  to  the 
directions  of  the  Testator  in  his  last  Will  and  Testament.  \_Passed 
June  25. 


CHAPTBK    47. 

RESOLVE     IMFOWERING    ELIZ*    TRAY,    INDIAN,    TO    SELL    LAND     AND 
MAKING   PROVISION   IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Elizabeth  Tray  of  Natiok  Indian  "Woman    Setting  Legislative 
forth.  That  she  hath  no  Child  nor  any  near  relation,  and  hath  about  councff.xx'x.! 

twenty  acres  of  Land  in  said  Natick  which  she  acquired  by  her  in-  il: 

dustry  in  her  younger  days      That  she  has  always  supi^orted  herself  House  Jo«r- 
until  about  three  years  ago,  when  she  had  her  arm  broke  which,  not  province ' 
being  well  set,  hath  disabled  her  from  labour.  And,  as  the  said  Land  ch'ap!'io."'  ^^^' 
is  chiefly  wild  and  can  be  of  very  little  advantage  towards  her  sup-  ^«<e,  p.  572, 

•  1  chip  78 

port.  Praying  that  she  may  be  impowered  to  make  sale  thereof  under 
the  direction  of  the  Guardians  of  the  Natick  Indians,  for  her  support. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted  as  that 
the  Guardians  of  the  Natick  Indians  be  and  are  hereby  imijowered 
to  make  sale  of  the  Land  mentioned  in  the  Petition  for  the  most 
the  same  will  fetch,  and  to  make  and  execute  a  good  deed  or  deeds 
thereof  in  Law  to  the  purchaser  or  purchasers;  they  observing  the 
rules  of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  ad- 
ministrators, and  the  Guardians  shall  apply  so  much  of  the  money 
arising  by  means  of  said  sale  to  the  payment  of  the  Petitioners  just 
debts  as  is  sufficient  therefor,  and  the  remainder  to  be  put  out  to 
interest  for  her  support;  and  in  case  there  is  any  remainder  at  the 
time  of  her  decease,  the  Guardians  to  be  accountable  for  the  same 
to  this  Court.     \_Passed  June  25. 


CHAPTEE    48. 

RESOLVE    IMFOWERING    FORTUNE    BURNE    AND    WIFE    TO    SELL    LAND 
AND   MAKING  PROVISION   IN   REGARD   TO  THE   PROCEEDS. 

A  Petition  of  Fortune  Burne  and  Abigail  his  Wife  both  of  Graf-  Legislative 
ton  in  the  County  of  Worcester;  the  said  Abigail  being  one  of  the  councif,  xxx.^ 
Tribe  of  Hasanamisco  Indians     Setting  forth  That  the  said  Abigail  Arciuv^es*' 
owns  a  tract  of  Land  in  said  Grafton  where  they  now  dwell,  on  which  xxxm.,  590. 


732 


Province  Laws  (Besolves,  etc.).  — 1773-74.      [Chap.  49.] 


Mass. 
Archives, 
xxxiil.,  689. 
House  Jour- 
nal, pp.  54,  83. 
Province 
Laws,  xvii., 
269,  chap.  104. 


there  is  a  dwelling  house  but  no  Barn  to  secure  the  produce  of  said 
Farm,  by  means  of  which  they  sustain  yearly  a  loss  in  their  Grain 
Flax,  Hay  &c  and  praying  that  they  may  have  liberty  under  the 
direction  of  thq  Guardians  of  said  Tribe  to  make  sale  of  as  much 
Land  where  it  can  be  best  spared  as  will  raise  a  sum  sufficient  to 
build  a  small  Barn. 

[Eead  and] 

Besolved  that  the  Prayer  of  Said  [Petiti]'on  be  Granted,  &  that 
they  be  Impowered  &  have  Liberty  (under  the  Directions  of  the  Guar- 
dians of  Said  Tribe)  to  make  Sail  of  as  much  Land  where  it  can  be 
best  Spared  as  the  Proceeds  Whereof  will  be  Sufficient  to  Build  them 
a  Small  Barn  to  Secure  their  Crops.     [Passed  June  25. 


CHAPTEK    49, 


RESOLVE  IMPOWERING  JOB  AHAWTON  AND  WIFE  &  ELIZABETH  SPEAN, 
INDIANS,  TO  SELL  LAND  AND  MAKING  PROVISION  IN  REGARD  TO 
THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  XXX., 


House  Jour- 
nal, pp.  71, 82, 
83.  Province 
Laws,  ii.,  Lil. 
chap.  10.  Ante, 
p.  572,  chap.  78. 


A  Petition  of  Job  Ahawton  and  Elizabeth  his  "Wife  and  Eliza- 
beth Spean  all  of  Natick  Indians  Setting  forth.  That  the  said 
Elizabeth  Ahawton  is  the  owner  of  one  sixth  part  of  about  40  acres 
of  unimproved  Land  in  said  Natick  and  the  said  Elizabeth  Spean 
owns  another  certain  part  of  the  said  forty  acres  lying  in  common 
and  undivided  with  Land  of  John  Ephraim  who  has  already  ob- 
tained liberty  to  make  sale  of  his  right  in  the  joremises  that  the 
said  Land  can  be  sold  together  to  much  greater  advantage  to  the 
owners  than  it  would  be  to  divide  the  same  and  each  sell  their  re- 
spective parts.  That  the  said  Elizabeth  Ahawton  is  also  the  owner 
of  a  small  lot  of  Land  at  some  distance  from  her  home  place  con- 
taining about  13  or  15  acres;  part  of  which  by  some  mistake  hath 
been  conveyed  by  deed  through  several  hands  and  is  now  improved 
and  in  the  possession  of  Asa  Drury  who  is  willing  to  pay  for  the 
same  as  [much  as]  it  is  worth  as  wild  Land;  and  the  remainder 
thereof  is  not  likely  to  be  of  any  advantage  to  her,  as  it  now  lieth 
wild  and  unimproved.  And  praying  that  they  may  have  liberty  to 
make  sale  of  their  respective  interests  in  the  Lands  aforesaid;  the 
money  arising  by  such  sale  to  be  under  the  care  of  the  Guardians 
of  the  Natick  Indians. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  so  far  granted,  as  that 
the  Guardians  of  the  Natick  Indians  be  and  hereby  are  impowered 
to  make  sale  of  the  Lands  mentioned  in  the  Petition  for  the  most 
the  same  will  fetch,  and  to  make  and  execute  a  good  deed  or  deeds 
thereof  in  Law  to  the  jjurchaser  or  purchasers;  they  observing  the 
rules  of  the  Law  for  the  sale  of  Eeal  Estates  by  Executors  and  ad- 
ministrators; and  the  said  Guardians  shall  apply  so  much  of  the 
money  arising  by  means  of  said  sales  to  the  payment  of  the  Peti- 
tioners Just  debts  as  is  sufficient  therefor,  and  the  remainder  to  be 
put  out  to  Interest  for  the  Petitioners  support  and  relief  as  there 
shall  be  occasion.      [Passed  June  25.' 

'  Inserted  from  Legislative  Records  of  the  Council,  xxx.,  78. 


[1st  Sess.]     Province  Laws  {Besolves,etc.).  —  llT3-14:.  733 


CHAPTEE    50. 

RESOLVE  IMPOWERING  ELEAZER  JOHNSON  AND  JONATHAN  BRADISH, 
EXECUTORS,  TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN 
REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Eleazer  Johnson  and  Jonathan  Bradish  Execu-  Legislative 
tors  of  the  last  Will  and  Testament  of  Cap'  Eleazer  Johnson  late  cmmcu.xxx.^ 

of  Charlestown  deceased  Setting  forth     That  in  April  1771  they  "^ 

petitioned  this  Court  praying  that,  in  their  capacity  aforesaid,  they  House  Jo^ur^ 

might  be  impowered  to  make  sale  of  half  a  dwelling  house  and  some  pro^nce' 

Land  adjoining  which  were  set  off  to  the  Eepresentatives  of  Kathe-  ch^^.'ioy Ante, 

rine  Johnson  deceased  in  the  division  of  the  Eeal  Estate  of  the  said  P;  m3,  chap. 

Eleazer  Johnson  deceased,  but  the  Court  misapprehending  the  prayer 

of  their  said  Petition  impowered  them  "  to  join  with  the  other  Heirs 

of  the  said  Eleazer  Johnson  deceased"  in  the  sale  thereof;  That 

one  of  the  Heirs  of  the  said  Eleazer  Johnson  being  non  compos 

cannot  join  in  the  sale  of  the  premises.  And,  as  the  power  before 

granted  is  insufficient  for  conveying  the  Estate  before  mentioned, 

Praying  that  they  may  be  impowered  in  their  aforesaid  capacity,  to 

make  sale  thereof  and  to  make  and  execute  a  sufficient  deed  of  the 

same. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioners  Eleazer  Johnson  and  Jonathan  Bradish  be  and 
they  are  hereby  accordingly  impowered  in  their  said  capacity  to  sell 
and  convey  the  half  part  of  the  Plouse  and  Land  which  was  set  off 
to  the  Representatives  of  Katherine  Johnson,  as  in  the  Petition  men- 
tioned, and  to  execute  a  good  &  sufficient  deed  or  deeds  in  Law  of 
the  same,  they  observing  the  rules  of  the  Law  relative  to  the  sale  of 
Real  Estates  by  Executors  and  administrators  and  giving  sufficient 
security  to  the  Judge  of  Probate  for  the  County  of  Middlesex  that 
they  will  account  for  and  pay  the  proceeds  of  the  said  sale  to  the 
Eepresentatives  aforesaid  in  such  parts  or  proportions  as  they  would 
have  had  and  enjoyed  in  case  the  same  had  not  been  sold.  \^Passed 
June  25. 


CHAPTER    51. 

RESOLVE  IMPOWERING  JONATHAN  BRADISH,  ADMINISTRATOR,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Jonathan  Bradish  administrator  on  the  Estate  of  Legislative 
Mary  Hopkins  deceased,  who  was  a  daughter  of  Isaac  Johnson  late  council,  xxx., 

of  Charlestown  deceased     Setting  forth.  That  the  said  Mary  died  ^^ 

possessed  of  an  undivided  fifth  part  of  a  House  and  Land  in  Charles-  ^^o^^^^  ^°"''- 
town     That  the  persons  appointed  by  the  Judge  of  Probate,  find-  Province 
ing  the  said  House  and  Land  incapable  of  a  division,  the  other  chjip!'io.'' ^n«e, 
owners  thereof  have  agreed  to  sell  their  parts  of  the  same.  And  \i^''^f^prd, 
praying  that  he  may  be  impowered  to  make  sale  of  the  said  fifth  chaii.  so. 
part  of  the  House  and  Land  aforesaid,  for  the  benefit  of  the  Heirs. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted  and  that  the 
said  Jonathan  Bradish  the  Petitioner  be  and  hereby  is  impowered     . 


734 


Province  Laws  {Resolves, etc.).  — 1773-74.     [Chaps.  52,  53.] 


to  sell  and  convey  all  the  Estate  mentioned  in  the  Petition  for  the 
most  the  same  will  fetch,  and  give  sufficient  deed  or  deeds  thereof, 
he  observing  the  rules  of  the  Law  relative  to  the  sale  of  Eeal  Estates 
by  Executors  and  administrators  and  give  sufficient  caution  to  the 
Judge  of  Probate  for  the  County  of  Middlesex  that  the  proceeds  of 
said  sale  shall  be  ajijilied  towards  paying  the  debts  of  the  said  Mary 
if  any  there  be;  if  not,  the  same  sliall  be  distributed  among  the  right 
Heirs  in  such  proportion  or  proportions  as  they  would  inherit  had 
the  same  not  been  sold  as  aforesaid.     \^Passed  June  25. 


CHAPTER    52. 

RESOLVE    IMPOWERING     KATH*    JOHNSON,    GUARDIAN,   TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION   IN  REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  XXX., 

8U. 

House  Jour- 
nal, pp.  SI,  82. 
Province 
Laws,  ii.,  151, 
chap.  10.   Ante^ 
p.  522,  chap. 
120;  p.  523, 
chap.  121. 
Sxipra,  chap. 
51. 


A  Petition  of  Katherine  Johnson  Widow  of  Isaac  Johnson  late 
of  Charlestown  deceased  and  Guardian  to  her  Son  Samuel  Johnson 
a  person  non  compos  Setting  forth,  That  Eleazer  Johnson  late  of 
Charlestown  Shopkeeper  deceased,  Father  to  the  said  Isaac  and 
Grandfather  to  the  said  Samuel,  by  Will,  gave  to  the  Children  of 
his  Son  Isaac  deceased  one  ^ixth  part  of  his  whole  Estate  Keal  and 
personal  That  in  the  division  of  the  Eeal  Estate  of  the  said  Eleazer 
there  was  assigned  to  the  Children  of  the  said  Isaac  a  piiece  of  Land 
in  Charlestown  aforesaid  situated  on  the  main  Street  between  a 
House  and  Land  belonging  to  the  Heirs  of  the  aforesaid  Isaac  John- 
son and  a  House  and  Land  belonging  to  M'  Jonathan  Bradish ;  one 
third  part  of  which  piece  of  Land  belongs  to  the  said  noncompos. 
That  the  Heirs  of  the  other  two  third  parts  thereof  finding  it  for 
their  interest,  are  about  selling  the  same.  And,  as  the  Petitioner 
apprehends  it  will  be  for  the  interest  also  of  the  said  non  compos 
to  make  sale  of  his  third  part  thereof,  Praying  that  she  may  be  im- 
jDOwered  to  sell  the  same  accordingly. 

[Eead  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  Catherine  Johnson  be  and  is  hereby  impowered  to  sell 
the  one  third  part  of  the  Lot  of  Land  owned  by  the  noncompos 
mentioned  in  this  Petition  for  the  most  it  will  fetch,  observing  the 
rules  of  the  Law  for  the  sale  of  Eeal  Estates  by  Executors  and  ad- 
ministrators and  give  security  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  that  the  proceeds  arising  by  said  sale  shall  be  applied 
as  necessary  for  the  support  of  the  said  noncompos,  and  if  any 
thereof  should  remain  in  the  hands  of  the  Petitioner  at  the  decease 
of  the  said  non  compos,  be  divided  to  and  among  his  Heirs  or  their 
legal  Eepresentatives  in  the  same  manner  they  would  have  inherited 
had  the  Land  not  been  sold.     [^Passed  June  25. 


CHAPTEE    53, 


RESOLVE   CONFIRMING  A  PLAN   OF    .500    ACRES    OF    EQUIVALENT    LAND 
GRANTED   TO   ROSS   AND   HEZEKIAH   WYMAN. 

Legislative  Resolved  that  the  Plan  hereunto  annexed  of  five  hundred  acres 

c^uncif,  xx'x.^  of  Land  granted  to  Eoss  Wyman  and  Hezekiah  Wyman  in  February 
?i last  delineated  and  described  as  followeth  viz'  begining  38  rods  West 


[1st  Sess.]     Province  Laws  {Resolves,  etc.). —  1773-74.  735 

of  the  S  W  corner  of  Jonathan  Spragues  grant  and  rnning  West  3°  ^°^^^  ?^"'^- 
South  seven  hundred  and  sixty  two  rods  to  a  stake  and  stones,  thence  Ante,  V-  43, 
north  3°  West  one  hundred  and  four  rods  to  a  stake  and  stones,  chap!  ill?'"  ^^^' 
thence  East  3°  twenty  minutes  north  seven  hundred  and  sixty  two 
rods,  thence  South  3°  East  one  hundred  and  six  rods  to  the  first 
mentioned  bounds  (thirty  eight  rods  from  Spragues  Grant)  be  ac- 
cepted and  hereby  is  confirmed  unto  the  said  Eoss  Wyman  and  Heze- 
kiah  Wyman  their  Heirs  and  assigns  forever  in  lieu  of  and  in  full 
satisfaction  for  the  loss  of  Land  that  Seth  Wyman  (Father  of  the 
said  Ross  and  Hezekiah  Wyman)  sustained  by  rnning  of  the  line 
between  this  Province  and  the  Province  of  Newhampshire ;  provided 
that  it  doth  not  exceed  the  quantity  of  five  hundred  acres,  nor  in- 
terfere with  any  former  Grant.     [Passed  June  25. 


CHAPTEK     54. 

RESOLVE   CONFIRMING  A  PLAN   OF    800    ACRES    OF    EQUIVALENT    LAND 
GRANTED   TO   BENJ^  PRESCOT,  ESQ". 

Resolved  that  the  plan  hereunto  annexed  of  eight  hundred  acres  Legislative 
of  Land  granted  to  Benjamin  Prescot  Esq''  in  June  AD.   1771  de-  ^g™'5?°l.'J 
lineated  and  described  as  follows  viz'  begining  at  a  hemlock  marked  82^ 


by  Saco  River  and  rnning  north  60°  East  two  hundred  and  eighty  House  Jour- 

one  rods,  thence  runiug  South  80°  East  three  hundred  and  sixty  ?(?,  gd'^^'in^"' 

one  rods,  thence  South  60°  West  five  hundred  and  one  rods  to  Saco  p- sas,  chap.  16. 

River,  thence  bounded  on  Saco  River  till  the  line  comes  to  the  bound 

mark  first  mentioned,  be  accepted  and  hereby  is  confirmed  unto  the 

said  Benjamin  Prescot  his  Heirs  and  assigns  forever,  in  lieu  of  and 

in  full  satisfaction  for  his  loss  of  Land  in  the  Township  N°  one,  and 

New  Ipswich  by  rnning  of  the  Newhamj)shire  line,  provided  that  it 

doth  not  exceed  the  quantity  of  eight  hundred  acres  (exclusive  of 

an  allowance  of  one  rod  in  thirty  for  swag  of  chain)  uor  interfere 

with  any  former  Grant.      \_Passed  June  25. 


CHAPTER    55. 

RESOLVE   ALLOWING   THE   ACCOUNT   OF  THE   TREASURER    OF    LINCOLN 
COUNTY. 

The  ACCOUNT  of  William  Lithgow  Esq'  Treasurer  of  the  County  Legislative 
of  Lincoln  being  laid  before  the  Court  for  allowance,  the  following  counc'ff,  xxx.^ 
Order  passed  viz'  83. 

Whereas  it  appears  upon  examination  of  said  account  that  all  HouBeJour- 
the  monies  granted  and  allowed  by  the  Court  of  Sessions  of  the  k.''  ^^'  ^^'  "*' 
peace  for  said  County  for  the  year  1772  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  said  Court  to  grant;  therefore 

Resolved  that  said  account  be  allowed.     \^Passed  Jiine  25. 


736 


Province  Laws  {Resolves,  etc.) .  — 1773-74.     [Chaps.  56,  57.] 


Legislative 
Kecords  of  tlie 
Council,  XXX., 
U. 

Maps  and 
Plans,  Mis., 
xiv.,  20.  House 
Journal,  pp.  39, 
83,  84.    Prov- 
ince Laws,  xii., 
105,  chap.  229; 
254,  chap.  291; 
34S,  chap.  201. 
Ante,  p.  43, 
chap.  82. 


CHAPTEK    56. 

RESOLVE    GRANTING    400    ACRES    OF    EQUIVALENT    LAND    TO    CALEB 
HOLDEN   AND   OTHERS. 

A  Petition  of  Caleb  Holden  of  Deerfield  Setting  forth,  That 
his  Father  John  Holden  owned  one  whole  right  in  a  Township 
granted  by  the  General  Court  to  the  Company  under  the  late  Cap' 
XVilliani  Tyng  and  others  in  the  year  173-4;  which  Township  on 
runing  the  line  between  the  two  Provinces,  fell  into  the  Govern- 
ment of  Newhampshire.  And  praying  that  a  consideration  may 
be  made  to  him  and  the  other  Heirs  of  the  said  John  Holden  viz' 
Amos,  Isaiah,  Nehemiah  and  David  Holden,  Sarah  Hartwell,  Rachel 
Gould  and  Hannah  Blood,  for  the  loss  aforementioned. 

[Read  and] 

Resolved  that  there  be  and  hereby  is  granted  to  Caleb  Holden, 
Amos  Holden,  Isaiah  Holden,  Nehemiah  Holden,  David  Holden 
Sarah  Hartwell,  Rachel  Gould  and  Hannah  Blood  their  Heirs  and 
assigns  four  hundred  acres  of  Land  to  be  laid  out  in  the  unappro- 
priated Lauds  of  this  Province  in  lieu  of  and  full  satisfaction  for 
the  Land  John  Holden  Father  of  the  aforementioned  persons  lost 
in  a  Township  called  Tyngs  Town  by  runing  the  Line  between  this 
Province  and  the  Province  of  Newhampshire,  and  that  the  said 
Grantees  at  their  own  cost  cause  the  same  to  be  laid  out  by  a  skil- 
ful Surveyor  and  Chainmen  under  Oath  and  return  a  plan  to  the 
General  Court  for  confirmation  within  twelve  months.  \_Passed 
June  35, 


CHAPTEE    57 


RESOLVE  ALLOWING    PAYMENT    FOR    EXPENSES    OF    COMMISSARIES   IN 
SETTLING  NEW   YORK  LINE. 


Legislative 
Records  of  the 
Council,  XXX., 
85.    Mass. 
Archives,  iv., 
346. 

Mass. 

Archives.iv., 
345-348.    House 
Journal,  pp.66, 
76, 85.    Prov- 
ince Laws,  v., 
176,  chap.  18. 
Ante,  p.  729, 
chap.  43. 


An  ACCOUNT  of  the  expences  of  the  Commissaries  for  settling  the 
Line  with  New  York,  in  their  Journey  to  Hartford,  whilst  there, 
and  till  their  arrival  home,  being  laid  before  the  Court,  the  follow- 
ing Order  passed  viz' 

Resolved 

That  the  sum  of  One  hundred  twenty  four  pounds  sis  shillings 
&  Eight  pence  half  penny  be  allowed  the  Hon"*"  William  Brattle 
Esq'  for  the  Expences  of  tlie  Commissaries  on  their  Journey  to 
Hartford  in  May  1773  as  by  the  above  Acco',  &  that  the  further  sum 
of  Twenty  jDounds  be  allowed  the  Hon*''*'  "William  Brattle  Esq'  & 
twenty  pounds  to  the  Houb'''  Joseph  Hawley  Esq'  &  Twenty  pounds 
to  the  Hon*""^  John  Hancock  Esq'  for  and  in  Consideration  of  their 
time  in  said  service  and  that  the  said  William  Brattle  Esq'  pay  the 
Sum  of  fifteen  pounds  thirteen  shillings  &  three  pence  half  peny 
bein  the  remainder  of  two  hundred  pounds  in  his  Hands,  into  the 
province  Treasury.     [Passed  June  26. 


[1st  Sess.]     Pkovinoe  Laws  {Resolves,  etc.).  — 1773-74:.  737 

CHAPTER    58. 

RESOLVE  FOR  SELLING  PROVINCE   LAND   ON  DEERFIELD   RIVER. 

In  the  House  of  Representatives.  Legislative 

Resolved  that  all  that  tract  of  unappropriated  Land  lying  together  councif,  xxx.^ 

and  both  sides  of  Deerfield  River  west  of  Charlemout  and  Merrifleld  ^ ' 

and  east  of  Bullocks  Township  so  called  and  so  to  extend  the  same 
course  northerly  with  the  east  line  of  Bullocks  Township  to  the 
north  line  of  the  Province,  be  sold  in  three  pieces  at  public  vendue 
on  the  fourth  Wednesday  of  the  next  Session  of  the  General  Court, 
at  the  dwelling  house  of  Daniel  Jones  Inholder  in  Boston  at  three 
of  the  clock  in  the  afternoon  viz'  one  piece  bounding  East  on  Charle- 
niont  or  Grants,  northerly  on  a  Grant  made  to  Samuel  Pierce  and 
Lock  on  Iloosuck  mountain,  and  all  the  Province  Land  Southerly 
of  said  Pierces  and  Locks  grants  and  Easterly  of  Bullocks  grant 
and  northerly  of  number  seven;  and  also  another  piece  of  Land 
lying  east  of  Deerfield  River  and  adjoining  thereon  and  northerly 
of  a  Brook  called  Pelham  Mill  Brook  and  Westerly  and  Southerly 
on  a  tract  of  Land  called  Merrifleld  and  a  Grant  made  to  Fullam; 
the  other  piece  lying  West  of  Deerfield  River  and  bounding  thereon 
and  on  Jones's  Grant  called  Merrifield,  and  Southerly  on  said  Pierce's 
and  Lock's  Lands  and  easterly  on  said  Bullocks  Grant,  and  to  extend 
north  from  Bullocks  northeast  corner  the  same  course  with  Bullocks 
east  line  to  tlie  north  line  of  the  Province,  and  that  M'  Hancock  and 
M'  Phillips  with  such  as  the  hon''''=  Board  shall  join  be  a  Committee 
to  sell  the  same  as  aforesaid;  which  Committee  shall  in  behalf  of 
this  Province  make  and  execute  a  good  Deed  or  Deeds  of  the  same 
to  the  highest  bidder  when  he  shall  pay  the  purchase  money  into 
the  hands  of  said  Committee  for  the  use  of  this  Province,  which 
shall  be  by  said  Committee  paid  into  the  Province  Treasury,  and 
that  the  said  purchaser  or  purchasers  at  the  time  of  sale  shall  pay 
one  eighth  part  of  the  sum  so  bidden  as  earnest,  and  in  case  said 
purchaser  or  f)urchasers  do  not  pay  the  whole  of  the  purchase  money 
within  one  year  from  the  time  of  such  sale,  he  shall  not  be  intitled 
to  such  deed  or  the  earnest  money  paid  at  the  time  of  sale;  and  the 
said  Committee  shall  give  notice  of  the  sale  aforesaid  by  publishing 
in  the  Massachusetts  and  Boston  Gazette  an  attested  Copy  of  this 
Resolve  three  Weeks  successively  in  the  month  of  September  next, 
if  the  Court  should  not  sit  before  that  time,  and  also  the  three 
Weeks  next  preceeding  the  time  of  sale,  and  that  said  Committee 
as  soon  as  may  be  employ  Samuel  Taylor  of  Charlemont  Surveyor 
with  two  sufficient  Chainmen  (the  said  Surveyor  and  Chainmen  to 
be  under  Oath)  to  take  an  actual  Survey  of  said  Lands,  and  return 
a  plan  thereof  to  them  at  or  before  said  time  of  sale. 

In  Council,  Read  and  Concurred  and  James  Russell  Esq'  is  joined.' 
\^Passed  June  26. 

^  Not  found  in  the  House  Journal. 


738 


Province  IjAws  (Hesolves,  etc.) .  — 1773-74.     [Chaps.  59,  60.1 


CHAPTEK    59 


RESOLVE  IMPOWERING  NEHEMIAH  RAND,  ADM»,  TO  SELL  REAL  ESTATE 
AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Legislative 
Records  of  the 
Council,  XXX., 

87. 

House  Jour- 
u;ll,  5.  81. 
Province 
Laws,  ii.,  151, 
cliap.  10. 


A  Petition  of  Nehemiah  Rand  administrator  cum  testamento 
annexo  of  the  Estate  of  Nathaniel  SheaSe  late  of  Charlestown  in 
the  County  of  Middlesex  deceased  Setting  forth  That  the  personal 
Estate  of  the  said  deceased  is  not  sufficient  to  discharge  his  just 
debts.  And  joraying  that  he  may  be  impowered  to  make  sale  of  the 
whole  of  the  Real  Estate  of  the  said  deceased,  or  of  so  much  thereof 
as  will  enable  him  to  discharge  the  debts. 

[Read  and] 

Resolved  that  the  prayer  of  this  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  hereby  is  fully  impowered  to  make  sale  of  the 
whole  Real  Estate  of  which  the  Testator  died  siezed  and  make  and 
execute  a  good  Deed  or  Deeds  thereof  in  Law,  he  observing  the 
rules  of  the  Law  relative  to  the  sale  of  Real  Estates  by  Executors 
and  administrators  and  giving  sufficient  caution  to  the  Judge  of 
Probate  for  the  County  of  Middlesex  that  the  proceeds  of  such  sale 
shall  be  applied  for  the  payment  of  the  just  debts  of  the  Testator, 
and  if  there  should  be  any  overjolus,  to  be  divided  to  and  among 
his  right  Heirs  in  such  proportion  as  though  the  said  Real  Estate 
had  not  been  sold.     [Passed  June  36. 


CHAPTEK    60, 


RESOLVE   GRANTING   A  TRACT    OF    LAND    NEAR    ASHFIELD    TO    JOSEPH 
WASHBURN. 


Legislative 
Becords  ol the 
Council,  XXX., 
87.    Mass. 
Archives,  llx., 
593. 

Mass. 

Archives,  lix., 
592.    House 
Journal,  pp.  62, 


A  Petition  of  Joseph  Washburne  of  New  Braintree  Praying 
that  a  tract  of  Land  lying  north  of  and  adjoining  to  Ashfield  may 
be  granted  him  for  such  a  sum  of  money  as  shall  be  judged  meet. 

[Read  and] 

Resolved  that  there  be  and  hereby  is  granted  to  the  Petitioner 
Joseph  Warshburu  his  Heirs  and  Assigns  for  Ever:  A  certain  piece 
of  Land  North  of  and  Near  the  North  East  corner  of  Ashfield  All 
y''  Province  Land  Bounded,  Northerly  on  Grants,  Easterly  on  Con- 
way southerly  on  Ashfield  Westerly  and  partly  southerly  on  Grants: 
And  on  One  Hundred  &  Fifty  Acres  Surveyed  by  Abel  Cross  Pro- 
vided he  the  Said  Josejih  Washburn  return  a  plan  thereof  at  the 
Next  Session  of  the  General  Court  taken  by  a  Surveyor  and  Chain 
men  under  Oath :  And  Also  at  the  Same  time  pay  or  give  Securety 
to  pay  the  Province  Treasurer,  three  Shillings  an  acre  for  Every 
Acre  the  Same  Shall  contain,  to  be  paid  within  one  year  with  Law- 
full  Interest  for  y^  Same  till  paid.     [Passed  June  26. 


[1st  Sess.]     Province  ljA.vfs  {Resolves,  etc.) .  —  1778-7-4.  739 


CHAPTEE    61. 

RESOLVE   APPOINTING   A    COMMITTEE    TO    ASCERTAIN    CERTAIN    LANDS 
BELONGING   TO   THIS   PROVINCE. 

In  the  House  of  Representatives.  Legislative 

Resolmd  i\\a,i  W  ^v&gAon  awA  M'  Cutt  with  such  as  the  hon"'"  councu.xxx.? 

Board  shall  join,  be  a  Committee  to  ascertain  the  Lands  belonging  ?5: 

to  this  Province  lying  between  Saco  River  and  the  line  between  g®''^'f"^jj>^ 
this  Province  and  the  Province  of  Newhampshire  and  particularly  councu,  xxix., 
to  ascertain  the  boundary  line  or  lines  between  the  Land  belonging  jourmiu^.Vj. 
to  this  Province  lying  in  the  place  beforesaid  and  the  Lauds  claimed 
by  proprietoi-s  holding  under  Major  William  Phillips  and  Bridget 
Phillips,  and  also  to  look  into  and  examine  the  claims  of  the  pro- 
prietors aforesaid,  and  make  report. 

In  Council,  Read  and  Concurred  and  James  Gowen  Esq''  is  joined. 
[Passed  June  26. 


CHAPTER    62. 

RESOLVE  IMPOWERING  SAM'-  PHILLIPS  SAVAGE,  GUARDIAN,  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

The  Committee  af)pointed  the  26"'  instant  on  the  Petition  of  Legislative 
Samuel  Phillips  Savage  [guardian,  to  be  impowered  to  sell  real  coujfcif.xxx.^ 
estate]  made  report;  whereupon  the  following  Order  passed  viz' 


Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  as  that  ^Ifordfof  the 
the  Petitioner  be  and  he  hereby  is  authorized  and  impowered  to  Council,  xxx., 
make  sale  of  the  Real  Estate  mentioned  in  the   Petition  in  the  jouTnaMiplsi, 
County  of  Plimouth,  and  to  make  and  execute  a  good  deed  or  deeds  *^>  **'^*|>  ^-■ 
in  Law  of  the  same,  he  observing  the  directions  of  the  Law  for  the  Laws,  ii.,  isi, 
sale  of  Real  Estate  by  Executors  and  administrators  and  giving  sufR-  '^^^^^'  ^^' 
cient  caution  to  the  Judge  of  Probate  for  the  County  of  SuSolk  that 
the  money  arising  from  the  sale  thereof  be  apjiliod  as  soon  as  may 
be  for  the  purchasing  of  such  Real  Estate  as  shall  be  most  for  the 
benefit  of  the  minor  mentioned  in  the  Petition,  the  income  of  such 
Estate  to  be  applied  for  the  use  of  said  minor,  and  at  her  decease 
to  the  use  of  her  legal  Heirs  in  such  proportions  as  they  could  in- 
herit in  case  the  Estate  mentioned  in  the  Petition  had  not  been 
sold.     [Passed  June  28. 


CHAPTEE    63. 

RESOLVE   ALLOWING   £11.   TO   JAMES   KIRKWOOD. 

A  Petition  of  James  Kirkwood  Keeper  of  the  Lighthouse  on  Legislative 
Thachers  Island  Praying  an  allowance  for  his  service  and  the  ser-  S^f,"";!?? "' 'J*^ 
Vices  ot  his  two  assistants  in  taking  the  care  of  the  said  Lighthouse  93-    Mass. 
from  December  1771  to  this  time.  ixvi.,'^!.' 

[Read  and]  -fiuiii.  " 

Resolved  that  the  Sum  of  Eleven  pounds  be  paid  out  of  the  Treas-  ^"'.'{"'j?!' 


740 


Province  Laws  {Resolves,  etc.).  — 1773-74.     [Chaps.  64-66.] 


as. '  Province    Nine  pounds  Six  Shillings  by  him  already  Received  &  Also  his  wood 
note.°'^''^°''     ^6  ill  f'-iil  fo'"  his  ^i*^  ii's  Two  assistants  Service  as  Keepers  of  Said 

Light  House  from  the  month   of  Dec'  A.D:    1771   to  this  time. 

[Passed  June  29. 


CHAPTEE    64, 


ORDER    APPOINTING    A    COMMITTEE    TO    TAKE    CARE    OF     LIGHTHOUSE 
ON   THATCHERS   ISLAND. 


Legislative 
Records  of  the 
Council,  XXX., 
93.    Maes. 
Archives, 
Ixvl.,  53-2. 

House  Jour- 
nal, pp.  56,  85, 
!)3  bis.  Prov- 
ince Laws,  v., 
137,  chap.  35; 
151,  note. 
Supra^  chap. 
63. 


In  the  House  of  Representatives 

Order"^  that  Cap  Darby  &  M'  Allen  with  such  as  the  Hon  Board 
shall  joyn  be  a  Committee  to  take  the  Care  of  the  light  houses  on 
Thachers  Island,  and  to  Give  Directions  Respecting  the  Lights  and 
the  Island  on  which  they  Stand,  untill  the  further  order  of  this 
Court. 

In  Council  read  &  Concurred  &  John  Erving  Esq'  is  joined. 
[Passed  June  29. 


CHAPTER    65. 


ORDER  APPOINTING   A   COMMITTEE   TO   BURN    GOVERNM^   SECURITIES. 


Legislative 
Records  of  the 
Council,  XXX., 
y3.    Mass. 
Archivee,  civ., 
636. 

House  Jour- 
nal, p.  96. 


In  the  House  of  Representatives 

Orderd  that  M'  Speaker  M'  xidams  &  M'  Hancock  with  such  as 
the  Hon  Board  shall  joyn  be  a  Committee  in  the  Recess  of  this 
Court  to  repair  to  the  Treasurers  Office  see  that  the  Government 
Securities  that  have  been  redeemd  be  consumd  to  Ashes  &  report 
their  Doings  thereon  to  this  Court 

In  Council  Read  &  Concurred  &  John  Erving  &  James  Pitts  Esq" 
are  joined.      [Passed  June  29. 


CHAPTER    66, 


RESOLVE  ACCEPTING  REPORT  OF  THE  COMMITTEE  APPOINTED  ON  THE 
GENERAL  ACCOUNT  OF  THE  PROVINCE  TREASURER  ENDING  MAY  2G, 
1773,  AND  DISCHARGING   HIM  OF   £16,636.  0.  4. 


Legislative 
Records  of  the 
Council,  XXX., 
93. 

Legislative 
Records  of  the 
Council,  XXX., 
31.    House 
Journal,  pp.  34, 
91,  95. 


The  Committee  to  whom  was  referred  the  examination  of  tlie 
accounts  of  Harrison  Gray  Esq'  Treasurer  and  Receiver  General  of 
his  Majesty's  Revenues  within  the  Province  of  the  Massachusetts 
Bay  in  New  England  begining  the  ST""  May  1773  and  ending  the 
26  May  1773,  having  attended  that  service  and  upon  examining 
the  same  find  them  right  cast  and  well  vouched,  by  which  it  ajj- 
pears  that  said  accomptant  cliarges  himself  with  the  sum  of  Sixty 
seven  thousand  one  hundred  and  eighteen  pounds,  sixteen  shillings 
and  nine  pence  being  so  much  due  for  Taxes  as  represented  by  his 
last  account.  Also  with  the  sum  of  twelve  thousand  six  hundred 
and  sixty  five  pounds,  three  shillings  and  eleven  pence  being  the 
balance  of  his  last  years  account.  Also  with  the  sum  of  twenty 
seven  thousand  five  hundred  pounds  being  a  Tax  laid  upon  polls 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  741 

and  Estates  by  virtue  of  an  act  passed  the  General  Court  at  their 
Sessions  in  October  1770.  Also  with  the  sum  of  nine  hundred  and 
nine  pounds  borrowed  of  sundry  persons  for  which  [he]  gave  notes 
payable  in  June  1774.  Also  with  the  sum  of  eighteen  liundred  and 
twenty  five  pounds,  eiglit  shillings  and  five  pence  received  of  sun- 
dry persons  for  Lands-  Also  witli  the  sum  of  nine  pounds,  sixteen 
shillings  and  four  pence  received  of  sundry  Justices  for  Fines;  also 
with  the  sum  of  five  hundred  and  fifteen  pounds  one  shilling  and 
eight  pence  received  of  the  hon'''"'  James  Eussell  Esq'  for  Lnpost 
duties  all  which  sums  amount  to  one  hundred  and  ten  thousand 
five  hundred  and  forty  three  pounds,  seven  shillings  and  one  penny. 
The  Committee  further  find  that  the  said  accomptant  discharges 
himself  by  sundry  payments  and  disbursements  by  order  of  the  Gov- 
ernor and  Council  amounting  to  thirteen  thousand  four  hundred 
and  eleven  pounds  and  four  pence.  Also  by  one  years  interest  paid 
on  Government  securities  amounting  to  three  thousand  &  twenty 
five  pounds.  Also  by  a  remittance  of  a  Tax  due  from  the  Town  of 
Milton  amounting  to  two  hundred  pounds.  Also  by  Taxes  due  from 
the  several  Towns  outstanding  amounting  to  sixty  one  thousand 
seven  hundred  and  thirty  two  pounds,  five  shillings  and  four  pence. 
Also  by  a  balance  further  to  account  for  amounting  to  thirty  two 
thousand  one  hundred  seventy  five  pounds,  one  shilling  and  five 
pence;  all  which  sums  amount  to  one  hundred  and  ten  thousand 
five  hundred  &  forty  three  pounds,  seven  shillings  and  one  penny. 
Whereupon  the  following  Order  passed  the  Court  viz' 
Resolved  that  the  Treasurer  be  discharged  of  the  aforesaid  pay- 
ments amounting  to  sixteen  thousand  six  hundred  and  thirty  six 
pounds  and  four  pence,  and  that  he  be  accountable  for  the  sum  of 
Sixty  one  thousand  seven  hundred  and  thirty  two  pounds,  five  shil- 
lings and  four  pence  being  outstanding  Taxes  when  received  into 
the  Treasury  and  for  the  balance  in  hand  being  thirty  two  thou- 
sand one  hundred  and  seventy  five  pounds,  one  shilling  and  five 
pence.      {^Passed  June  39. 


CHAPTER    67. 

RESOLVE     IMPOWERING     JONA'*    CAPEN,    GUARDIAN     OF     PUNKAPAUG 
INDIANS,  TO   SELL   REAL   ESTATE. 

A   Petition   of  Jonathan  Capen  Guardian  to  the  Puncapaug'  Legislative 
Indians     Setting  forth  That  the  said  Tribe  are  now  indebted  above  councti',  °  x'^^? 

twenty  pounds,  beside  what  is  due  to  him  for  six  years  service,  and  ^ 

that  he  has  nothing  in  liis  hands  to  pay  their  debts.   And  praying  Mass.  ^^ 
that  his  accounts  may  be  examined     that  he  or  some  other  person  xxx.,  fiso-ssi. 
may  be  enabled  to  sell  some  part  of  their  Lands  to  discharge  their  ^.Ji"pp''j3'''J4_ 
debts,  and  that  he  may  be  discharged  from  the  office  of  Guardian  to  85,96    Proy.' 

..1  •  1   m   -i,        -e  T     1-  mce  L.iws,  h., 

the  said  Tribe  oi  Indians.  isi,  chap.  lo. 

[Read  and  disposed  of  as  follows :]  ^^l^;,  J^.-*''- 

Whereas  it  appears  upon  the  examination  of  Jonathan  Capeus 
account  Guardian  to  the  Puncapaug  Indians  that  the  said  Tribe  of 
Indians  are  justly  indebted  to  sundry  persons  to  the  amount  of  the 
sum  of  thirty  one  pounds,  nineteen  shillings  and  eight  pence  half 
penny;  therefore 

'  The  House  Journal,  p.  96,  reads,  "  Xatick^'  Indians. 


742 


Peovince  Laws  {Resolves,  etc.).  —  1773-74.      [Chap.  68.] 


Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
he  the  said  Jonathan  Capen  be  and  he  hereby  is  impowered  to  make 
sale  of  so  much  of  the  unimijroved  Land  of  said  Indians  (where  it 
will  be  the  least  prejudicial  to  the  remainder)  as  to  pay  the  afore- 
said sum  and  the  necessary  charges  of  the  sale,  and  to  make  and 
execute  a  good  Deed  or  Deeds  thereof  in  Law  to  the  purchaser  or 
purchasers,  he  conforming  to  the  rules  of  the  Law  relative  to  the 
sale  of  Eeal  Estates  by  Executors  and  administrators.  \^Passed 
June  29. 


CHAPTBE    68 


RESOLVE   ALLOWING   £4   AND   A    FURTHER    SUM    OF    £4    ANNUALLY    TO 
JEREM"  WITHAM. 


Legislative 
Becorda  of  the 
Council,  XXX., 


House  Jour- 
nal, pp.  48, 96. 


On  the  Petition  of  Jeremiah  Witham  who  was  a  Soldier  in  the 
service  of  this  Province  in  the  year  1762  and  wounded  in  the  same 
service  and  praying  relief;  it  appearing  that  the  facts  set  forth  in 
said  Petition  are  true:  therefore 

Resolved  that  there  be  now  paid  out  of  the  Province  Treasury  to 
Thomas  Bragdon  Esq"'  for  the  use  of  the  Petitioner  the  sum  of  four 
pounds,  and  that  said  Petitioner  be  allowed  the  sum  of  four  pounds 
each  year  to  come  in  consideration  of  the  sufferings  in  his  Petition 
mentioned  during  the  term  of  five  years  or  until  his  death  in  case 
it  shall  happen  within  that  time.     [Passed  June  29. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  '    743 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-sixth  Day  of  January,  A.D.  1774. 


CHAPTER    69. 

ORDER  ANNEXING  DAVID  PARKER  AND  OTHERS  WITH  THEIR  FAMILIES 
AND   ESTATES   TO   THE   THIRD   PARISH   IN   LYNN. 

A  Petition  of  David  Parker  and  others  of  Lynn     Setting  forth,  Legislative 
That  they  are  a  part  of  the  iirst  Parish  in  said  Lynn,  altho'  their  council^  xxx* 
Estates  are  included  in  the  third  Parish  in  the  said  Town     That  ArcWves'xiv. 
they  have  for  some  time  past  attended  public  worship  in  the  said  699- 
third  Parish,  where  it  is  most  convenient  for  them  and  where  their  Mass. 
help,  to  support  the  worship  of  God,  is  wanted.  And  praying  that  Ki^'^Legisia'-'' 
they  with  their  Estates  included  in  the  boundaries  of  the  said  third  "™councii^°* 
Parish  in  Lynn  may  be  annexed  thereto.  xxx.,  125. 

Read  and  naTppS 

Ordered  that  the  Petitioners  viz'  David  Parker,  Ezra  Coats,  Jemima  '^i.  ^• 
Coats,  Charles  Florence,  Amos  Stocker  Lydia  Jenks,  Josiah  Martin 
&  Lydia  Martin  with  their  Familes  and  Estates,  together  with  those 
that  shall  hereafter  dwell  on  the  said  Estates,  be  and  hereby  are 
annexed  to  the  third  Parish  in  Lynn,  there  to  do  duty  and  receive 
privilege.     \^Pas8ed  January  26. 


CHAPTER    70 

S  A  GUARDIAN  FOR  THE 

The  two  Houses  according  to  agreement  proceeded  to  the  choice 


Legislative 
Records  ot  the 

VOTE  APPOINTING  A  GUARDIAN  FOR  THE  DUDLEY  INDIANS.  m^^Mas's]"'" 

Archives, 


of  a  Guardian  to  the  Dudley  Indians  in  the  room  of  M'  Joshua  Healey  nXpp-ioMOs. 
deceased,  and  upon  examining  the  Votes  it  appeared  that  Cap'  Na-  Laws^xvi.  241 
thaniel  Healey  was  chosen  unanimously.     [Passed  January  28.        chap.  76, note;' 


CHAPTER    71. 

RESOLVE  ALLOWING  THE   ACCOUNT   OF  THE    TREASURER    OF    BRISTOL 
COUNTY. 

The  ACCOUNT  of  George  Godfrey  Esq'  Treasurer  of  the  County  Legislative 
of  Bristol  being  laid  before  the  Court  for  allowance  the  following  c^Xc'if  xx'x* 
Order  passed  viz'  127. 

Whereas  it  appears  upon  the  examination  of  the  accounts  of  the  House  Jour- 
County  Treasurer  for  the  County  of  Bristol  for  the  year  1773  that  °a';PP-i6.i<^. 


744 


Province  Laws  {Resolves,  etc.).  — 1773-74.     [Chaps. 


<3.] 


all  the  mouies  granted  and  allowed  by  the  Court  of  General  Sessions 
of  the  peace  for  said  County  therein  contained  were  for  such  pur- 
poses and  appropriations  as  the  Law  impowered  said  Court  to  grant ; 
therefore 

Resolved  that  said  accounts  be  allowed.      \^Passecl  January  28. 


Legislative 
Records  of  tlie 
Council,  XXX., 
12S.    Mass. 
Archives,  civ., 
687. 

House  Jour- 
nal, pp.  96,  11-2. 
Ante^  p.  740, 
chap.  65. 


CHAPTEK    72. 

RESOLVE  ACCEPTING  REPORT  OF  THE  COMMITTEE  APPOINTED  TO  BURN 
GOVERNMENT    SECURITIES    AND    DISCHARGING    THE   TREASURER  OF 

£38,757.  10. 

The  Committee  appointed  to  repair  to  the  Treasurers  office  and 
take  an  account  of  the  Government  securities  which  he  has  re- 
deemed and  see  them  burnt  and  consumed  to  ashes,  have  attended 
that  service  and  received  of  the  Treasurer  Government  securities 
payable  in  June  1771  amounting  to  four  thousand  five  hundred 
pounds,  the  Literest  paid  thereon  being  one  hundred  fifty  six 
pounds  five  shillings,  amounts  to  four  thousand  six  hundred  fifty 
six  pounds  five  shillings.  Also  Government  securities  payable  in 
June  1772  amounting  to  twenty  three  thousand  six  hundred  and 
ten  pounds  which  with  the  Interest  of  ten  hundred  ninety  three 
pounds,  one  shilling  and  nine  pence,  amounts  to  twenty  four  thou- 
sand seven  hundred  and  three  pounds,  one  shilling  and  nine  pence. 
Also  Government  securities  payable  in  June  1773  amounting  to  eight 
thousand,  nine  hundred  sixty  eight  pounds,  which  with  the  Inter- 
est of  four  hundred  twenty  nine  pounds,  fourteen  shillings  and 
one  penny,  amounts  to  nine  thousand  three  hundred  ninety  seven 
pounds,  fourteen  shillings  and  one  penny;  all  which  Securities, 
with  the  interest  paid  thereon,  make  thirty  eight  thousand,  seven 
hundred  and  fifty  seven  pounds  and  ten  pence,  we  have  seen  burnt 
and  consumed  to  ashes. 

John  Ekving  ^  Order 

Eead  &  accepted. 

Resolvd  That  the  Treasurer  be  accordingly  dischargd  of  the  said 
Sum  of  Thirty  Eight  Thousand  seven  hundred  fifty  seven  pounds 
and  ten  pence.      ^Passed  January  31. 


CHAPTER    73. 


RESOLVE   AND   ORDER  ADJOURNING    COURTS    IN    HAMPSHIRE    COUNTY. 


Legislative 
Kecords  of  the 
CouncU,  XXX., 

J  29. 

House  Jour. 
nal,pp.l07, 108, 
111,112.    Prov- 
ince Laws,  v., 
45,  chap.  IS. 


Whereas  the  attendance  of  all  the  members  of  the  House  of 
Eepresentatives  is  necessary  at  the  present  Session  of  the  Great  & 
General  Court  or  assembly,  and  several  of  them  have  business  that 
requires  their  attendance  at  the  Court  of  General  Sessions  of  the 
peace  and  at  the  Inferior  Court  of  Common  pleas  to  be  holden  at 
Northampton  within  and  for  the  County  of  Hampshire  on  the  second 
Tuesday  of  February  next,  at  which  time  the  General  assembly  will 
probably  be  sitting:  therefore 

Resolved  and 


[20  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1773-74.  745 

Ordered  that  the  said  Court  of  General  Sessions  of  the  peace  and 
the  said  Inferior  Court  of  Common  pleas  by  Law  to  be  holden  at 
Northampton  within  and  for  the  County  of  Hampshire  on  the  second 
Tuesday  of  February  nest  be  adjourned  to  and  shall  and  may  be  j 
held  on  the  second  Tuesday  of  March  next  at  the  said  Northamp- 
ton. And  that  all  Writs  and  proesses  (excepting  Writs  of  Execu- 
tion) and  Recognizances  returnable  or  that  may  be  returnable,  and 
that  all  appeals  made  or  that  may  be  made  either  to  the  said  Court 
of  General  Sessions  of  the  peace  or  to  the  said  Inferior  Court  of 
Common  pleas,  and  that  all  matters,  businesses  causes  and  things 
that  have  day  or  that  may  have  day  or  tliat  may  be  lawfully  moved, 
had  or  done  at,  in  or  by  the  said  Courts,  or  eitlier  of  them,  on  the 
said  second  Tuesday  of  February  next  shall  have  day  and  shall  be 
returned  to  and  may  be  entered,  prosecuted,  moved,  had  and  done 
at,  in  and  by  the  said  Courts  respectively  on  the  said  second  Tues- 
day of  March  next  at  Northampton  aforesaid ;  and  that  all  Writs  of 
Execution  which  may  be  returnable  into  the  said  Inferior  Court  on 
the  said  second  Tuesday  of  February  shall  be  returned  into  the  Clerks 
office  of  the  same  Court  on  that  day;  and  that  where  any  such  Writ 
or  Writs  of  Execution  shall  be  returned  without  any  satisfaction,  or 
satisfied  only  in  part,  the  Clerk  of  the  said  Inferior  Court  may  there- 
upon and  he  is  hereby  impowered  ex  officio  to  renew  or  make  out 
an  alias  or  plures  '  Execution  for  the  whole  or  remainder  as  the  case 
may  be,  returnable  into  the  said  Inferior  Court  on  the  third  Tues- 
day of  May  next;  and  that  such  alias  or  plures  '  Executions  so  made 
out  shall  be  of  the  same  force  as  they  would  have  been  if  the  said 
Court  had  not  been  adjourned.  And  that  a  Copy  of  this  Order, 
attested  by  the  Secretary,  shall  be  transmitted  to  the  Sheriff  of  the 
said  County  of  Hampshire ;  and  that  the  said  Sheriff  shall  take  effect- 
ual care  that  this  Order  be  published  throughout  the  said  County. 
[Passed  January  31. 


CHAPTBE    74. 

RESOLVE  AND   ORDER  ADJOURNING  COURTS   IN   BERKSHIRE   COUNTY. 

Whereas  the  Court  of  General  Sessions  of  the  peace  and  Infe-  Legislative 
rior  Court  of  Common  pleas  for  the  County  of  Berkshire  by  Law  councif  xx*x.* 
are  to  be  holden  at  Pittsfield  within  said  County  on  the  last  Tues-  is''- 
day  of  February  instant,  when  the  General  Court  or  assembly  of  House  Jour- 
this  Province  will  probably  be  sitting,  and  several  of  the  members  iiVfc^?.'  Prov- 
of  said  General  Court  are  also  members  of  and  have  business  at  the  Ig'^cimB^is  ^'' 
said  Courts  of  General  Sessions  of  the  peace  and  Common  pleas  and 
the  present  critical  day  demands  the  attendance  of  all  the  members 
of  the  General  Court :  therefore 

Resolved  and 

Ordered  that  the  said  Courts  of  General  Sessions  of  the  peace  and 
Inferior  Court  of  Common  pleas  which  by  Law  are  to  be  holden  at 
Pittsfield  within  and  for  the  said  County  of  Berkshire  on  the  last 
Tuesday  of  February  instant,  be  and  hereby  is  adjourned  to  and 
shall  and  may  be  holden  on  the  first  Tuesday  of  March  next  at  said 
Pittsfield.  And  that  all  Writs  and  processes  (excepting  Writs  of  Ex- 
ecution) and  recognizances  returnable  or  that  may  be  returnable, 
and  that  all  appeals  made  or  that  may  be  made  either  to  the  said 


746 


Province  Laws  {Resolves, etc.).  — 1773-74.     [Chaps.  75,  76.] 


Court  of  General  Sessions  of  the  peace  or  to  the  said  Inferior  Court 
of  Commoji  pleas,  and,  that  all  matters,  businesses,  causes  or  things 
that  have  day  or  that  may  have  day,  or  that  may  be  lawfully  moved, 
had  or  done  at,  in  and  by  the  same  Courts  or  either  of  them  on  the 
said  last  Tuesday  of  February  instant,  shall  have  day  and  shall  be 
returned  and  may  be  entered,  prosecuted,  moved  had  and  done  at 
in  and  by  the  same  Courts  respectively  on  the  said  first  Tuesday  of 
March  next  at  Pittsfield  aforesaid.  And  that  all  Writs  of  Execution 
which  may  be  returnable  into  the  said  Inferior  Covirt  on  the  said 
last  Tuesday  of  February  shall  be  returned  into  the  office  of  the 
Clerk  of  the  same  Court  on  that  day.  And  that  where  any  such 
Writ  or  Writs  of  Execution  sluill  be  returned  without  any  satis- 
faction or  satisfied  only  in  part,  the  Clerk  of  the  said  Inferior  Court 
may  thereupon  and  he  is  hereby  impowered  ex-officio  to  renew  or 
make  out  an  alias  or  plures  Execution  for  the  whole  or  remainder 
as  the  case  may  be,  returnable  into  the  said  Inferior  Court  on  the 
third  Tuesday  of  May  next.  And  that  such  alias  or  plures  Execu- 
tions so  made  out  shall  be  of  the  same  force  as  they  would  have  been 
if  the  said  Court  had  not  been  adjourned.  And  that  a  Copy  of  this 
Order  attested  by  the  Secretary  shall  be  transmitted  to  the  Sheriff 
of  the  said  County  of  Berkshire,  and  that  the  said  Sheriff  shall 
take  effectual  care  that  this  Order  be  published  throughout  the 
said  County.      \^Passecl  February  2. 


CHAPTEK    75. 

RESOLVE  ALLOWING   £60   AND  A  FURTHER  SUM  OF  £17.  14.  8  TO  ROBERT 
BALLS. 


Legislative 
Records  of  the 
Council,  XXX., 


House  Jour- 
nal, pp.  118, 119. 


A  Petition  of  Robert  Balls  keeper  of  the  Lighthouse  in  the  liar- 
bour  of  Boston  Setting  forth.  That  his  fortieth  year  of  keeping  the 
said  Lighthouse  expired  on  the  19  day  of  Novem''  last,  for  which, 
last  year,  he  hath  not  as  yet  received  a  compensation  for  his  ser- 
vices. And  praying  an  allowance  for  his  said  service,  and  also  the 
reimbursement  of  the  sum  of  £17.14.8  which  he  advanced  for  Wood 
for  the  benefit  of  the  Light 

[Eead  and] 

Resolved  that  the  prayer  of  said  Petition  be  granted,  and  that  the 
sum  of  Sixty  pounds  be  allowed  and  paid  out  of  the  public  Treas- 
ury to  the  Petitioner  for  one  years  service  as  Keeper  of  the  Light- 
house in  the  harbour  of  Boston,  due  the  thirteenth  day  of  November 
last,  also  the  further  sum  of  Seventeen  pounds,  fourteen  shillings 
and  eight  pence  for  the  cost  of  twenty  eight  Cords  of  Wood  he  pro- 
vided and  expended  for  the  benefit  of  the  Lighthouse.  ^Passed 
February  2. 


CHAPTEE    76, 


RESOLVE   DIRECTING  THE   PROVINCE   TREASURER  TO   GIVE   BOND    FOR 
THE  FAITHFUL  DISCHARGE   OF  HIS  DUTIES. 


Eecordfof  the  "'^^  ^^^  House  of  Representatives 

Council,  XXX.,  Resolved  that  no  person  who  shall  be  Chosen  by  this  Court  into 
ArehweaTciv.,  the  Office  of  Treasurer  &  Receiver  General  for  this  province  for  the 
^ present  Year,  shall  be  Esteemed  duly  Qualified  to  Enter  upon  the 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-7 -i.  747 

Execution  of  that  Office  untill  he  shall  first  have  an  oath  duly  ad-  ^arpp^iwIi'-Jo. 
minstred  to  him  for  the  faithfull  performance  of  the  Trust  of  his  Ante,v.v)i.__^^ 
said  Office  and  shall  give  bond  with  Sufficient  surety  to  the  Accept-  °'  •'^'^p- 
ance  of  a  Committee  to  be  appointed  by  this  Court  to  Judge  in  their 
behalf  both  of  the  Sufficiency  of  the  Security  &  of  such  bonds  in  the 
sum  of  Thirty  Thousand  pounds  Lawful  money,  to  the  three  Eldest 
Councellors  of  this  province  for  the  time  being,  who  are  hereby  ap- 
pointed a  Committee  in  behalf  of  the  province  &  Especially  Author- 
ized to  take  said  bond  to  themselves  to  the  use  of  the  Province  which 
bond  shall  be  Conditioned  for  such  Treasurers  duly  &  faithfully  dis- 
charging the  duty  of  his  Office  according  to  Law  and  for  his  render- 
ing an  account  when  &  so  often  as  he  shall  be  reqiiired  by  the  General 
Court  of  all  &  any  such  sum  or  sums  of  money,  Securities  &  other 
Estate  of  this  Province  as  he  shall  from  time  to  time  Receive  or  be 
possess'd  of  to  the  use  of  the  said  province,  &  for  his  well  &  truly 
paying  and  delivering  to  his  Successor  in  said  Office,  or  to  any  other 
person  that  may  be  appointed  by  the  General  Court  to  receive  the 
same  all  such  sum  or  sums  of  money  Secureties  or  other  Estate  of 
the  province  as  upon  such  Settlement  of  his  Accounts  or  otherwise 
shall  be  found  Due  &  payable  from  him  to  the  province  or  for  which 
he  shall  be  found  accountable.  And  it  is  further 

Ordered,  That  in  Case  said  bond  shall  not  be  put  in  suit  within 
three  years  from  the  date  thereof  it  shall  be  void  and  of  no  Effect. 
And  that  M'  Speaker  &  M'  Adams  with  such  as  the  Hon'''=  Board 
shall  Joyn  be  a  Committee  to  Judge  of  the  sufficiency  of  the  bond 
to  be  taken  as  aforesaid  and  of  such  as  may  Offer  to  become  Sureties 
for  the  Treasurer  as  aforesaid. 

In  Council  Read  &  Concurred  &  James  Pitts  &  Samuel  Dexter 
Esq"  are  joined.      \^Passed  February  3. 


CHAPTER    77. 

RESOLVE    GRANTING   AN   EQUIVALENT   TOWNSHIP   TO   PROPRIETORS   OF 
PENNICOOK. 

In  the  House  of  Representatives  fe''^'°'?''^,^.i,„ 

Whereas  it  hath  been  represented  to  this  Court  by  iimothy  Walker  council,  xxx., 
Jun'  in  behalf  of  himself  and  Associates  that  in  the  year  1725  they  Archives?' 
purchased  of  this  Province  a  Township  of  Land  of  Seven  Miles  square,  cxvui.,  754. 
which  by  the  runing  of  the  Line  between  this  Government  &  New  Mass. 
Hampshire  in  the  year  1740  was  cut  off  to  that  Government,  by  cxviu., 761-756. 
which  means  the  Original  Purchassers  have  been  vexed  with  many  pi^'ng'^Mis., 
expensive  Lawsuits,  and  at  last  were  oblidged  to  purchase  the  same  xv.,  2, 7. 
Land  of  Claimers  under  New  Hampshire,  Having  enquired  into  the  nai, pp.  108,110, 
Matter,  this  Court  find  that  the  Facts  set  forth  in  said  Petition  are  lIWs;  x7739? 
true;  and  that  the  Cost  of  defending  their  Title  at  the  Court  of  chap. '472'; xii'., 
Great  Brittain  have  exceeded  the  Grants  made  to  them  by  this  Gov-  xv.',  tefciiap'. 
ernment  to  enable  them  to  carry  on  the  prosecution  there,  "l|*xv^i''*^9 

Therefore  chap.  159. 

Resolved-  that  there  be  granted  to  the  Original  Proprietors  of  the  chlip.  264.  ' 
Township  granted  by  this  Province  by  the  Name  of  Pennicook  their 
Heirs  or  Assigns,  who  were  Sufferers  by  said  Township  falling  into 
New  Hampshire  a  Township  of  Seven  Miles  Square  to  be  laid  out 
in  regular  Form  on  both  sides  of  Amoscoggin  River  and  easterly  of 
and  Adjoining  to  Fullers  Town  (so  called)  otherwise  Sudbury  Canada 


748  Province  Laws  (i^esoZves,  ete.).  — 1773-74.      [Chap.  78.] 

laid  out  to  Josiah  Eichardson  Esq'  &  others  Provided  the  Grantees 
within  Six  years  settle  Thirty  Families  in  said  Township,  and  lay 
out  one  full  Share  to  the  first  settled  Minister,  one  full  share  for 
the  Ministry  and  one  full  Share  for  the  School  and  one  full  Share 
for  Harvard  Colledge,  and  provided  the  Petitioner  within  one  year 
return  a  Plan  thereof  taken  by  a  Surveyor  &  Chainmen  nnder  Oath 
into  the  Secretary's  Office  to  be  accepted  and  confirmed  by  the  Gen- 
eral Court,  And  in  Order  that  Justice  may  be  done  to  the 
Sufferers  it  is  further 

Besoh'ed :  Th&t  M'  Webster  and  Col"  Gerrish  with  such  as  tlie 
Honourabl  Board  shall  join  be  a  Committee  to  repair  to  the  said 
Township  of  Pennicook,  who  shall  there  enquire  into  and  make  out 
a  List  of  the  Suft'erers,  and  that  they  return  a  List  for  Confirmation 
to  the  General  Assembly,  and  that  said  Committee  give  suitable 
notice  of  the  Time  of  their  Meeting  by  Publishing  an  advertise- 
ment in  the  Essex  Gazette  and  in  one  of  the  Portsmouth  News 
Papers  three  Weekes  successively,  Two  Months  before  the  Time 
of  their  Meeting,  That  any  Person  claiming  Eight  to  the  Grant 
aforesaid  may  appear  and  lay  in  their  Claim 

In  Council  Eead  &  Concurred  &  Samuel  Phillips  Esq'  is  joined 
in  the  Affair.      [Passed  February  3. 


CHAPTEE    78, 


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

Legislative  ^  PETITION  of  Joseph  Eveleth  of  Princeton  in  the  County  of 

Records  or  the  n        -  r-        i      mi         t^t      i     tvt  i  <•         •  t 

Council,  XXX.,    Worcester  Yeoman  Setting  forth.  That  JNoah  JNorcross  late  oi  said 

^ Princeton  deceased,  died  siezed  and  possessed  of  a  Eeal  Estate  in 

miTpp^37"ii4,    ^^^*^  Town  of  about  an  hundred  acres  of  Land  with  a  House  and 
vio.vn.  Prov-  Barn  thereon  and  left  three  Children,  very  young;  to  whom  the 
isi,ciiai).  io.''    Petitioner  is  Guardian     That  the  Income  of  the  Farm  will  be  in- 
sufficient to  make  the  necessary  repairs  in  the  Fences  and  Build- 
ings and  to  prevent  becoming  waste  and  to  subdue  that  part  of  the 
Land  which  said  Noah  had  begun  to  clear     That  the  Interest  of 
the  money  which  the  said  Farm  will  sell  for  will  probably  support 
the  said  Children.  And  praying  that  he  may  be  impowered  to  make 
sale  of  the  said  Eeal  Estate  Josiah  Mirick  and  Euth  his  Wife  (late 
Widow  of  the  said  Noah)  being  desirous  thereof. 
[Eead  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  is  hereby  impowered  to  made  sale  of  the  Eeal 
Estate  in  the  Petition  mentioned  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  Deed  or  Deeds  thereof,  observing 
the  rules  of  the  Law  for  the  sale  of  Eeal  Estates  by  Executors  and 
administrators  and  giving  security  to  the  Judge  of  Probate  for  the 
County  of  Worcester  that  the  proceeds  of  sale  shall  be  applied  as 
followeth  viz'  that  the  said  Euth  who  was  the  Widow  of  the  said 
Noah  Norcross  shall  have  the  use  and  improvement  of  one  third 
thereof  in  lieu  of  her  dower  in  her  said  Husbands  Eeal  Estate  during 
her  natural  life,  and  that  the  other  two  thirds  be  put  to  interest  for 
the  benefit  of  the  Children  of  the  said  Noah  to  be  paid  to  them  as 
they  respectively  arrive  at  full  age  in  the  same  proportion  as  they 
would  have  inherited  in  case  the  said  Land  had  not  been  sold,  as 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  749 

also  the  other  tliird,  tlie  use  of  which  is  reserved  for  the  said  Ruth 
at  her  decease  if  the  said  Children  shall  then  have  arrived  at  full 
age,  if  they  are  not,  when  they  shall  so  arrive.    [Passed  February  3. 


CHAPTER    79. 

VOTE   CHOOSING   HARRISON   GRAY,  PROVINCE   TREASURER. 

Pursuant  to  the  agreement  of  the  two  Houses  they  proceeded  ^^?'^'?-"'?., 

1      ■  (•    ^1*    -1      /Ti.  f  1  1  TT        •  Records  Of  tne 

to  the  choice  oi  Civil  omcers  tor  the  present  year,  when  Harrison  Coimcu,  xxx., 

Gray  Esq''  was  chosen  Treasurer  and  Eeceiver  General  for  the  Prov-  — . 

ince  by  a  major  vote  of  the  Council  and  House  of  Eepresentatives.  ^a*i"ij^  iS""^" 
[Passed  February  3. 


CHAPTER    80. 

VOTE   CHOOSING  THOMAS   GUSHING  COMMISSARY  GENERAL. 

Pursuant  to  agreement  of  the  two  Houses  they  proceeded  to  Legislative 
the  choice  of  Civil  Officers  for  the  present  year  when  Thomas  Cush-  counc'if,  xxx'.^ 
ing  Esq'^  was  chosen  the  Officer  for  purchasing  provisions  and  other  W2.   M.nss. 
necessaries  for  carrying  on  the  Truck  Trade  at  Fort  Pownall,  by  a  ixxx.,  tw. 
major  vote  of  the  Council  and  House  of  Representatives.      [Passed  House  Jour. 
February  3.  '''"■  v- 123. 


CHAPTER    81. 

VOTE   CHOOSING   JAMES   RUSSELL   COMMISSIONER  OF  IMPOST.  Legislative 

Records  of  the 
Council,  xxx., 

Pursuant  to  agreement  the  two  Houses  proceeded  to  the  choice  ^^^-.J'^'^g^- 
of  Civil  Officers  for  the  present  year,  when  James  Russell  Esq'  was  ixvs.,  mj! 
chosen  Commissioner  of  Impost  by  a  major  vote  of  the  Council  and  House  Jour- 
House  of  Representatives.      [Passed  February  3.  nai,  p.  123. 


CHAPTER    82. 

VOTE   CHOOSING    JEDIDIAH    PREBBLE,  JR.,  TRUCKMASTER    FOR    FORT 
POWNALL. 

The  two  Houses  according  to  agreement  proceeded  to  the  choice  Legisi.ative 
of  Civil  officers  for  the  present  year,  when  M'  Jedediah  Preble  jun'  councu^  xxx".? 

was  chosen  Truckmaster  for  Fort  Pownall  by  a  major  vote  of  the  ^^ 

Council  and  House  of  Representatives.      [Passed  February  3.  House  .lour. 


750 


Province  Laws  {Resolves,  etc.) .  —  1773-74.     [Chaps.  83-85.] 


CHAPTEK    83. 

VOTE   CHOOSING   NOTARIES    PUBLIC. 

Records'of  the  "^^E  TWO  HOUSES  according  to  agreement  proceeded  to  the  choice 
coundi,  XXX.,  of  Civil  OfiBcers  for  the  present  year,  when  the  undermentioned 
Archives,  '  persons  were  cliosen  public  Notaries  by  a  major  vote  of  the  Council 
xUy.,  744. ^^(j  House  of  Eepresentatives. 

House  Jour- 

nal,p.l24.  ^^^^^^  For  the  Port  of  Boston      .         .         .  f  JJ;  5"'^'™,^'''="P    , 

I  M"^  Henry  Alline  jun^ 

f  Salem John  Nutting  Esq' 

I  Ipswich M'  Samuel  Sawyer 

Essex  .j  Marblehead M'  Thomas  King 

Newburyport William  Atkins  Esq' 

[  Glocester Daniel  Witham  Esq' 

Middlesex         Charlestown M'  Nathaniel  Gorham 

Plymouth  Plymouth M'  Ephraim  Spooner 

f  Barnstable Solomon  Otis  Esq' 

Barnstable     J  Falmouth M'  Joseph  Parker 

1  Welfleet M'  Winslow  Lewis. 

[  Chatham M'  Joseph  Doane. 

Bristol I  Jerathraeel  Bowers,  Esq' 

(  Elisha  Tobey  Esq' 

Dukes  County  Edgartown M'  John  Pease  jun' 

Nantucket M'  Stephen  Hussey 

C  York Daniel  Moulton  Esq' 

York  .  Kittery Charles  Chauncey  Esq' 

[  Wells M'  Ebenezer  Sayer. 

Cumberland      Falmouth M'  Theophilus  Parsons 

Lincoln M'  Thomas  Moulton 


[Passed  February  3. 


CHAPTER    84. 


RESOLVE  ALLOWING   £12  TO  THE   TOWN   OF  HARDWICK. 


Legislative 
Records  of  the 
Council,  XXX., 
143.    Mass. 
Archives,  1., 
502. 

House  Jour- 
nal, pp.  62,  72, 
118,  119,  124. 
Province 
Laws,  v.,  367, 
note. 


Whereas  the  Town  of  Hardwick  was  fined  by  the  House  for  not 
returning  a  Member  to  the  General  Court  in  the  year  1771  the  sum 
of  Twelve  pounds  which  fine  was  remitted  to  said  Town  in  the  last 
session  of  this  Court,  Nevertheless  the  said  Town  is  Taxed  for  the 
same. 

Resolved  that  there  be  allowed  and  paid  out  of  the  Publick  Treas- 
ury into  the  Hands  of  Cap'  Paul  Mandel  the  sum  of  Twelve  pounds 
for  y'=  use  of  said  Town  of  Hardwick.      [Passed  February  4. 


CHAPTER    85. 

RESOLVE  ALLOWING   £12  TO   THE   TOWN  OF   KINGSTON. 


Legislative 
Records  of  the 
Council,  XXX., 
143.    Mass. 
Archives,  1., 
501. 

House  Jour 
nal,pp.33,80, 
lis,  119,  125. 


In  the  House  of  Representatives 
Whereas  the  Town  of  Kingston  was  fined  by  this  House  for  not 
returning  a  member  to  the  General  Court  in  the  year  1772  the  Sum 
of  Twelve  Pounds,  which  Fine  was  remitted  to  said  Town  in  the 
last  Session  of  this  Court;  Nevertheless  the  said  Town  is  taxed  for 
the  same. 


[■2d  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1773-74.  751 

Resolvd  that  there  be  allowd  &  paid  out  of  the  piiblick  Treasury  Province 
into  the  hands  of  Cap  John  Gray  the  sum  of  Twelve  Pounds  for  note?"''"^'^'' 
the  Use  of  said  Town  of  Kingston 
In  Covincil 

Read  and  Concurred.     \^Passecl  February  4. 


CHAPTER    86. 

ORDER  ANNEXING  A  TRACT   OF  3,000   ACRES    OF   LAND    TO    THE    TOWN 
OF   CHARLEMONT. 

A  Petition  of  Asaph  White  agent  for  the  Town  of  Charle-  Legislative 
mont     Setting  forth  That  there  are  three  thousand  acres  of  Land,  councfi^  x*x*\.^ 

adjoining  on  the  South  side  of  said  Town,  granted  to  Hezekiah  "S".  ^^- 

Ward  and  others  for  their  loss  of  Land  in  Charlemont  by  the  run-  House  Jour, 
ning  of  Colrain  line     That  the  settlers  on  those  Lands  refuse  to  m'.'^^Ante,'  ' _ 
pay  Taxes  in  said  Town  because  they  do  not  belong  thereto.  And  p- 233, chap.  i.. 
praying  that  the  aforementioned  Grant  of  3,000  acres  of  Land  may 
be  annexed  to  Charlemont. 

Read  and  it  ajapearing  that  the  settlers  on  the  Land  mentioned 
in  this  Petition  have  been  notified  agreable  to  the  Order  of  the  two 
Houses  on  the  21*'  of  June  last  and  no  answer  being  made, 

Ordered  that  the  prayer  thereof  be  granted,  and  that  the  Tract 
of  Land  containing  three  thousand  acres,  bounded  as  by  the  plan 
thereof,  confirmed  by  the  General  Court  the  8  June  17G7  to  Heze- 
kiah Ward  and  others,  will  appear,  be  and  hereby  is  annexed  to  the 
Town  of  Charlemont  in  the  County  of  Hampshire,  together  with 
the  Inhabitants  who  now  dwell  or  that  may  hereafter  dwell  thereon, 
who  shall  be  subjected  to  do  duty  and  intitled  to  receive  privilege 
as  other  Inhabitants  of  the  said  Town  to  all  intents  and  purposes 
whatsoever.     [Passed  February  4. 


,  XXX., 


CHAPTER    87. 

ORDER  APPOINTING  A  COM^™  ON  THE  PETITION  OF  JOSIAH  CHAUNCEY 
AND  OTHERS  IN  REGARD  TO  ERECTING  A  NEW  MEETING  HOUSE  AT 
AMHERST. 

In  Council  fe^sisiative 

TTT       T  T-1  •   1  1       •    •        1  T         1        Records  of  the 

ordered  that  Artemas  Ward  Lsq''  with  such  as  may  be  ]omed  by  the  council,  xx 
hon'''°  House,  be  a  Committee,  to  repair  to  the  District  of  Amherst,  ArcWvesTx 

(at  the  Charge  of  said  District)  view  the  same  hear  the  parties  on  ^j^ 

the  Spot,  &  make  report,  what  tiiey  think  proper  for  the  Court  to  b^^'^'^'^Pj^ 
do  thereon;  and  that  the  Inhabitants  of  the  said  District,  in  the  council,  xxx., 
mean  time  wholly  surcease  &  forbear  all  proceedings,  relative  to  jolirn^i'.'pp. se, 
the  building  any  new  Meeting  House,  or  meeting  Houses  in  said  ^^i'**-  %'^-, 

District  cUap*.  26. 

In  the  House  of  Representatives 
Read  &  Concurrd  &  M"'  Pickering  and  Coll   Bacon  are  joynd. 
[Passed  February  4. 


House  Jour- 
nal, pp.  113, 123. 


Pkovince  Laws  {Resolves,  etc.).  — 1773-74.     [Chaps.  88,  89.] 


CHAPTER    88. 

RESOLVE   AND   ORDER  WITH   NOTICE    ON    PETITION    OF    HENRY    PRICE 
FOB   OPENING   A   JUDGMENT   BY   DEFAULT. 

A  Petition  of  Henry  Price '  Setting  forth,  That  on  the  first 
Tuesday  of  June  1773  one  Gideon  Gardiner  on  Kennebec  Eiver  in 
the  County  of  Lincoln  by  the  consideration  of  the  Inferior  Court 
of  Common  pleas  then  held  in  and  for  that  County  recovered  Judg- 
ment against  the  Petitioner  for  £16.1.3  debt  and  £2.15  costs  of 
Court  when  there  was  not  one  farthing  due  to  him ;  since  which 
the  Petitioner  has  paid  to  the  Sheriff  of  the  County  of  Middlesex, 
on  the  Execution  upon  that  Judgment  the  sum  of  £21.5.9  for  debt, 
cost  and  fees ;  in  whose  hands  the  said  money  now  rests  That  the 
Petitioner  did  not  answer  the  said  Gideons  Writ  by  reason  of  the 
non  attendance  of  the  person  he  had  applied  to  as  his  attorney  at 
the  said  Court.  And  praying  that  he  may  be  allowed  a  Trial  of  said 
action ;  and,  as  the  said  Gideon  is  very  jjoor,  that  the  said  money 
may  be  ordered  to  remain  in  the  hands  of  the  said  Sheriff  until  the 
determination  thereof. 

[Read  and] 

Resolved  and 

Ordered  that  the  prayer  thereof  be  so  far  granted  as  that  the  Peti- 
tioner notify  the  adverse  party  Gideon  Gardiner  by  serving  him 
with  a  Copy  of  said  Petition  and  this  Order  to  appear  and  shew 
cause,  if  any  he  has,  on  the  second  Wednesday  of  the  next  Session 
of  the  General  Court  why  the  prayer  thereof  should  not  be  granted 
and  David  Phips  Esq'  Sheriff  of  the  County  of  Middlesex  is  hereby 
ordered  to  detain  the  money  by  him  collected  upon  the  Execution 
issued  upon  the  Judgment  aforesaid  in  his  hands,  from  the  said 
Gideon  and  Henry  until  the  further  Order  of  the  General  Court. 
[Passed  Februanj  4. 


CHAPTER    89. 

RESOLVE   GRANTING  AN   EQUIVALENT   TOWNSHIP  TO   PROPRIETORS   OF 
SUNCOOK. 


Legislative 
Records  of  the 
Council,  XXX., 
147.    Mass. 
Archives, 
cxvill.,  831. 

Mass. 
Archives, 
cxviii.,  824-832. 
Max38  and 
Plans,  Mis., 
XV.,  1,3. 
House  Jour- 
nal, pp.  75, 81, 
110,132.    Prov- 
ince Laws,  xi., 
355,  chap.  160. 
Ante,  p.  43, 
Chap.  82. 


In  the  House  of  Representatives 

on  the  Petition  of  Noah  Johnson  &  others  Representing  that  the 
Government  formerly  Granted  to  the  Heirs  of  Capt  John  Lovewell 
&  to  the  Heirs  of  those  men  that  fell  with  him  in  the  Engagement 
at  Pigwacket  &  to  those  that  were  with  him  in  s*  Engagement  & 
others,  a  Tract  of  Land  at  Suncook,  who  held  the  Same  &  made 
Large  Improvements  thereon.  But  by  the  Running  the  Line  between 
thisGovernment  &  New  Ha[n]pshire  the  s"*  Township  fell  within  the 
Latter,  and  the  Proprietors  thereby  have  lost  the  Benefit  of  s'^  Grant, 
and  praying  that  they  may  have  a  Grant  of  Land  in  Compensation 
for  their  Loss  Therefore 

Resolved  that  in  Lieu  of  s""  Township  there  be  Granted  a  Town- 
ship of  Land  of  the  Contents  of  Seven  Miles  Square  on  the  Easterly 
Side  of  Saeo  River  &  Adjoyning  to  a  Township  Granted  to  Benja- 
min Mullikin  Esq'  &  others  To  Such  of  the  Original  Grantees  of 

'  The  House  Journal,  p.  123,  reads,  "  Pierce." 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  753 

s""  Township  as  are  Living  to  the  Heirs  of  of '  them  that  are  Dead 
&  to  Such  of  the  Settlers  in  s'*  Township  as  have  been  Sufferers  by 
the  s"*  Townships  falling  into  New  Hampshire  who  have  not  had 
their  Loss  made  up  to  them  Provided  that  the  Grantees  within 

Six  years  Settle  thirty  families  thereon,  Build  a  meeting  House,  and 
Settle  a  Learned  Protestant  Minister,  and  lay  out  one  Sixty  fourth 
part  thereof  for  the  first  Settled  Minister,  one  Sixty  fourth  part  for 
the  Ministry,  one  Sixty  fourth  part  for  the  School,  and  one  Sixty 
fourth  part  for  Harvard  Colledge  &  Return  a  Plan  of  s**  Township  into 
the  Secretaries  office  within  twelve  months  for  Confirmation  And 
that  Justice  may  be  Done  among  the  Claimers  for  a  Compensation 
for  their  Loss  in  s"*  Township 

Resolved  That  Coll  Gerrish  and  M"  Webster  with  Such  as  the 
Hon'''''  Board  Shall  Joyn  be  a  Com""^  at  the  Charge  of  the  Grantees 
to  Repair  to  the  s^  Suncook  and  hear  the  Claimers  &  Determin  who 
Shall  be  Admitted  Grantees  in  s"  Township,  make  out  a  List  of 
their  Names  with  their  respective  Shares  &  Lodge  the  Same  in  the 
Secretaries  office  within  Ten  months  for  Confirmation  of  the  Gen- 
eral Court,  and  the  s'^  Com"**  Shall  Give  notice  of  the  Time  of  their 
meeting  by  Advertiseing  the  Same  in  the  Boston  Gazette  in  the 
Essex  Gazzet  &  New  Hampshire  Newspaper  three  weeks  Succes- 
sively two  months  before  the  Time  of  their  meeting  that  all  Per- 
sons may  have  opportunity  to  bring  in  their  Claims 

In  Council  Read  &  Concurred,  and  Samuel  Phillips  Esq'  is  joined. 
l^Passed  February  5. 


CHAPTEK    90. 

RESOLVE    GRANTING    AN    EQUIVALENT    TOWNSHIP    TO    SAM''    WHITTE- 
MORE   AND   OTHERS. 

A  Petition  of  Samuel  Whittemore  and  others  in  behalf  of  them-  Les^siative 
selves  and  others,  proprietors  of  a  Township  of  the  contents  of  six  councif  xxx'.*' 
miles  square  granted  to  John  Flint  Esq'  and  others  on  the  east  side  «"■  Mass. 
of  Connecticut  River,  known  by  the  name  of  N°  three.  Praying  for  cxriii^'ris. 
the  Grant  of  a  Tract  of  Land  in  lieu  of  the  Township  aforesaid  Mass.  ~~ 
which  fell  into  Newhampshire  on  runing  the  Line  between  that  ^^''.^|J|^''77'4 
Province  and  this.  Legisiative 

on  the  Petition  of  Sam"  Whitemore  &  Amos  Lawrence  in  behalf  coSncu'xxx.! 
of  themselves  &  others  prop"  of  a  township  Granted  to  Cap'  John  jo^urn^,""^"  gg 
Flint  &  Company  of  the  Contents  of  Six  miles  Square,  praying  for  96,97,125,136. ' 
a  Grant  of  land  in  Lieu  of  said  township  which  fell  within  the  Prov-  Laws,''xn.,  292, 
ince  of  New  Hampsheir  upon  the  late  runing  of  the  Province  line,  "'"l?'''^-  "^^2' 
and  it  appearing  to  this  Court  that  the  Petitiouer[s]  have  Expended  ^'    ' 
much  Labour  &  money  in  Clearing  roads  &  bringing  forward  the 
Settlement  of  Said  township  &  have  been  thereby  Grate  Sufferers 
for  which  the  Grantees  have  had  no  Consideration  from  this  Prov- 
ince or  the  Province  of  New  Hampsheir  Therefore 

Resolved  that  in  Lieu  thereof  there  be  Granted  to  the  oridgenal 
Prop"  &  Grantees  their  legal  representitives  heirs  or  assigns  a  town- 
ship of  the  Contents  of  Seven  miles  Square  Provided  the  Grantees 
Settle  thirty  families  in  Said  township  within  Six  years  &  lay  out 
one  Sixty  fourth  part  for  the  use  of  the  ministry  one  Sixty  fourth 
part  for  the  first  Settled  minister  one  Sixty  fourth  part  for  the  use 


r54 


Provixce  Laws  [Besolves, etc.).  — 1773-74.     [Chaps.  91,  92.] 


of  the  Gramer  School  &  one  Sixty  fourth  part  for  the  use  of  Har- 
vard College  Provided  also  that  Said  township  be  layd  out  in  that 
part  of  the  unappropriated  lands  belonging  to  this  Province  on  the 
Eastward  of  Saco  river  adjoyning  to  Some  former  Grant  (Except 
the  tract  of  land  Petition  '  for  by  Suncook  prop"[)]  ^  &  return  a  plan 
taken  by  a  Surveyor  and  Chainmen  under  oath  into  the  Secretarys 
office  within  one  year  for  Confermation.      [Passed  February  8. 


CHAPTER    91, 


RESOLVE    GRANTING    TO    MARY    TAILER    LICENSE    TO    SELL    STRONG 
DRINK. 


Legislative 
Becords  of  I 

CouUCil,  XX3 

15-2. 

House  Jour- 
nal, p.  140. 


A  Petition  of  Mary  Taller  of  Boston  Widow  Setting  forth, 
That  her  husband  William  Taller  died,  leaving  her  without  any 
Estate  and  six  Children,  mostly  very  young,  to  maintain  That 
since  his  death  she  has,  by  the  advice  of  Friends,  opened  a  Shop 
for  the  sale  of  Grocery  articles,  but  this  business  turning  to  very 
poor  account  she  has  applied  to  tlie  Selectmen  and  obtained  their 
approbation  for  selling  spirituous  Liquors  by  retail  and  also  a  rec- 
ommendation from  a  number  of  reputable  Gentlemen,  her  neigh- 
bours; but  that  she  ajiplied  to  the  Court  of  General  Sessions  for 
the  County  of  Suffolk  in  October  Term  last  for  License  for  that  pur- 
pose and  was  then  refused  because  that  was  not  the  Term  for  grant- 
ing Licenses.  And  praying  that  the  said  Court  of  Sessions,  at  their 
present  Term,  may  be  impower'd  to  grant  her  such  License. 

[Read  and] 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  that 
his  Majesty's  Justices  of  the  Sessions  for  the  Coimty  of  Suffolk  at 
their  present  Session,  may  and  hereby  are  impowered  to  grant  the 
Petitioner  License  to  retail  spirituous  Liquors  until  the  next  Term 
for  granting  Licenses  within  said  County  does  commence,  she  pro- 
curing to  the  said  Court  of  Sessions  the  approbation  of  the  Select- 
men of  the  Town  of  Boston  and  she  observing  the  Law  as  in  such 
cases  requires.     [Passed  Fehrxiary  9. 


CHAPTER    92. 


RESOLVE   IMPOWERING   STEPHEN   MAYNARD   AND    HEPZIBAH    WARREN 
TO   EXECUTE  A  DEED. 


House  Jour- 
nal, pp.  126, 141. 


E^fords'^^the  ^  PETITION  of  Stephen  Maynard  administrator  of  the  Estate 
Council,  XXX.,  of  Joseph  Warreii  late  of  Brookfield  Yeoman  deceased  Setting 
forth  That  the  said  Joseph  a  few  days  before  his  death  purchased 
of  one  Thomas  Hall  of  the  District  of  New  Braintree  a  Farm  with 
a  mansion  house  &c  on  the  same,  lying  in  said  District,  and  engaged 
to  pay  three  hundred  pounds  therefor  to  the  said  Thomas,  but  died 
before  he  had  paid  any  part  thereof.  And,  as  he  is  unable  to  dis- 
charge the  said  debt  without  selling  the  same  Farm,  and  the  said 
Thomas  is  desirous  of  its  being  reconveyed  to  him.  Praying  that 


Inserted  from  Legislative  Records  of  the  Council,  xxx.,  151. 


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  — 1773-74.  755 

he,  together  with  the  Widow  of  tlie  said  deceased,  may  be  impow- 
ered  to  make  sucii  reconveyance. 

[Read  and] 

Besolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  with  Hepzibah  Warren  Widow  of  Joseph  Warren  deceased 
be  and  they  are  impowered  to  reconvey  and  give  and  execute  a  good 
Deed  of  the  Land  mentioned  in  said  Petition  unto  the  said  Thomas 
Hall,  he  discharging  the  administrators  of  the  Estate  of  which  the 
said  Joseph  Warreu  died  siezed  from  all  demands  he  hath  against 
them  for  the  Land  aforesaid.      [Passed  February  9. 


CHAPTEE    93. 

RESOLVE  REMITTING  HAiF  A  FINE  TO   WILLIAM  ELDER. 

On  the  Petition  of  William  Elder  shewing  that  he  was  Chosen  Legislative 
one  one '  of  the  assessors  for  the  year  1771  for  the  town  of  Whind-  coum-if,  x^xx^ 
ham  in  the  County  of  Cumberland,  and  that  there  was  an  act  made  i«-   Mass. 
&  Passed  the  Same  year  by  the  Grate  &  General  Court  of  this  Prov-  c.xtui.,  750. 
ince  Intitled  an  act  for  Inquiring  Into  the  ratable  Estate  of  this  Mass. 
Province  and  among  other  things  it  was  Enacted  that  the  assessors  ^xviir*?^ 
of  Each  town  Should  Take  a  list  of  the  poles  &  Estates  &  before  Legislative 
they  Entred  upon  Said  bisness  they  should  be  first  Sworn  to  the  councu,  xx^x!, 
faithfull  Discharge  of  their  Trust  under  the  penalty  of  forty  Pounds  288,441,495,500. 

S)  1  ^         1  •'       1         1  •.   n  /.        House  Jour- 

fine  one  moiety  for  the  Informer  or  lie  or  them  that  should  Sue  for  nai,  pp.  17,  .38, 

the  same  &  the  other  moiety  for  the  use  of  the  Province,  and  it  i43.*%1fovfnce 

appearing  to  this  Court  that  the  Petitioner  Did  (Simplely  &  not  ^^^^'^''^i 

with  a  wicked  Intent  &  Desire  to  Cheat  or  Defraud)  assist  in  taking  p. Vu,  chap.  13. 

the  list  of  Valuation  for  said  Town  before  he  was  Sworn  &  thereby 

Incured  the  Penalty  in  Said  act,  and  that  one  Caleb  Graf  ham  of  Said 

Windham  has  Since  brouglit  his  action  against  the  Petitioner  for 

the  fine  afores**  &  at  the  Superiour  Court  at  Falmouth  in  the  year 

1773  recovered  a  Judgment  against  the  Petitioner  for  the  recovery 

of  forty  Pounds  the  Penalty  afores"*  But  the  Petitioner  has  not  yet 

paid  the  moiety  or  half  part  of  Said  fine  belonging  to  the  province 

Therefore 

Resolved  that  the  moiety  or  half  part  of  said  fine  or  forfeture 
acruing  to  the  Province  thereby,  be  &  hereby  is  remitted  to  the 
Said  William  Elder  &  that  he  be  wholly  Discharged  thereform. 
[Passed  February  10. 


CHAPTEK    94. 

RESOLVE  IMPOWERING  ESTHER  FULLER,  ADM'^,  TO   EXECUTE   A  DEED. 

A  Petition  of  Jonas  Stone  of  Newton  attorney  for  Esther  Fuller  Legislative 
administratrix  of  the  Estate  of  her  late  husband  Ephraim  t'uller  ^^[J^'^'ff  °*^^^e 
late  of  said  Newton  deceased    Setting  forth.  That  the  said  Ephraim  isa. 
Fuller  promised  by  writing  under  his  hand  to  give  a  deed  of  con-  House  .jour. 
veyance  of  his  interest  in  a  dwelling  house  and  a  small  quantity  of  142.' ''proline"' 
Land  in  Newton  aforesaid  to  his  Brother  Nehemiah  Fuller  for  what  ^J'^^^- '„'••  i^i- 

chap.  10. 


75G 


Province  Laws  (Resolves,  etc.).  — 1773-74.     [Chap.  95.] 


the  same  had  been  af)praised  at  by  persons  of  their  appointing ;  (being 
the  sum  of  18.5.4)  the  said  House  and  Land  lying  in  common  and 
undivided  between  them ;  but  the  said  Ephraim  died  without  having 
an  opportunity  to  execute  such  a  Deed.  And  praying  that  he  may 
be  authorized  in  his  capacity  of  attorney  as  aforesaid  to  give  a  Deed 
of  the  interest  of  the  said  Ephraim  in  the  premises  (being  two  fifth 
parts  thereof)  to  the  said  Nehemiah  Fuller. 

[Read  and] 

Resolved  that  the  said  administratrix  be  and  hereby  is  impowered 
to  make  and  execute  a  good  and  sufficient  deed  of  conveyance  of 
all  the  right  and  interest  that  the  said  Ejjhraim  Fuller  had  at  the 
time  of  his  decease  in  the  Real  Estate  mentioned  in  said  Petition 
to  Nehemiah  Fuller  named  therein,  upon  the  said  Nehemiah's  pay- 
ing to  the  said  administratrix  or  her  lawful  attorney  the  sum  of 
eighteen  pounds,  five  shillings  and  four  pence.  Provided  the  said 
administratrix  or  her  said  attorney  account  with  the  Judge  of  Pro- 
bate for  the  County  of  Middlesex  for  the  proceeds  of  said  sale  and 
that  it  be  applied  according  to  the  directions  of  the  Laws  of  this 
Province  for  settling  Intestate  Estates.     [Passed  February  11. 


CHAPTER    95, 


RESOLVE   WITH   STAY   OF  EXECUTION   CONFIRMING  THE    ASSESSMENTS 
FOR  1772  FOR  THE  TOWN  OF   WINDHAM. 


Legislative 
Records  of  the 
Council,  XXX., 


On  THE  Petition  of  William  Elder  and  others  assessors  of  the 

Town  of  Windham  praying  that  the  assessment  on  said  Town  for 

the  year  1773  may  be  confirmed  and  that  they  be  enabled  to  tax 

na"pp!'i35riM.  *^®  ^^^^  Town  for  what  they  were  assessed  in  the  year  1771  again 


Ante,  p.  765, 
cbap.  93. 


for  reasons  in  said  Petition  mentioned  and  that  the  Province  Treas- 
urer may  be  directed  to  stay  his  Execution  against  the  Collector  for 
that  year : 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  as  that 
the  assessments  in  the  year  1772  be  and  hereby  are  confirmed  (the 
form  of  the  Certificate  relative  to  the  Friends  or  Quakers  in  said 
Petition  mentioned  being  deficient  notwithstanding)  provided  the 
said  assessors  have  in  all  other  respects  conformed  to  the  rules  of 
the  Law.  And  that  the  Selectmen  of  said  Town  call  a  meeting  of 
the  Inhabitants  thereof  and  lay  this  Order  before  such  Inhabitants 
that  the  said  Town  or  any  individual  thereof  who  has  been  taxed  in 
the  year  1771  may  have  ojiportunity  to  shew  cause  on  the  second 
Wednesday  of  the  next  Session  of  the  General  Court  why  the  said 
Town  should  not  be  taxed  again  for  the  assessments  of  that  year, 
and  that  in  the  mean  time  the  Province  Treasurer  is  hereby  directed 
to  stay  his  Execution  against  the  Collector  for  that  year.  And  that 
all  other  proceedings  in  Law  respecting  the  Taxes  on  said  Town  for 
that  year  be  staid  until  the  end  of  the  next  Session  of  the  General 
Court.  And  that  the  Petitioners  be  and  they  are  hereby  directed  to 
lodge  with  the  Clerk  of  said  Town  an  attested  Copy  of  their  Peti- 
tion and  this  Order  as  soon  as  may  be  that  the  purposes  hereof  may 
be  effected.     [Passed  February  11. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  757 


CHAPTEE    96. 

RESOLVE   WITH  STAY  OF  EXECUTION    IMPOWERING    GEORGE    DUDLEY 
TO  BRING  FORWARD  A  WRIT  OF   REVIEW. 

A  Petition  of  George  Dudley  of  Stockbridge    Praying  as  entered  R|fo^.jg'oj'',ije 

[ante,  p.  689,  chap.  142]  council,  xxx., 

Eead  again  &  thereupon  Arcuivesfiix., 

Resolved  that  the  prayer  thereof  be  granted  &  the  S'^  George  is  551: 

hereby  allowed  a  rehearing  of  the  Action  therein  mentioned  and  is  Mass. 
hereby  impowered  to  bring  forward  a  Writ  of  review  which  Shall  Mi™58j.''Yeais- 
be  Served  on  the  Adverse  party  Elisha  Martindale  fourteen  days  at  lau™  Reconis 
least  before  the  Setting  of  the  Superiour  Court  of  Judicature  &C.  xxx.,  59. 
in  &  for  the  Couutys  of  Hampshire  &  Berkshire  to  be  holden  at  nXpp/ro";!, 
Northampton  within  &  for  s**  Countys  of  Hampsh''  &  Berkshire  on  uti,iu    Ante, 
the  fourth  Tuesday  of  april  next  and  the  Justices  of  the  same  Court  142.   '      '^' 
are  hereby  impowered  &  directed  to  hear  &  try  the  same  Action  at 
Said  Term  make  up  Judgement  and  award  Excon  thereon  accord- 
ingly to  all  intents  &  purposes  whatsoever  as  if  the  Same  had  been 
proceeded  in  &  determined  Agreable  to  the  Law  of  this  province 
wherein  provision  is  made  for  a  Reveiw  in  Civil  Causes  &  the  Excon 
on  the  former  Judgement  is  hereby  Stayed  in  the  Mean  Time. 
[Passed  February  11. 


CHAPTEE    97. 

RESOLVE  GRANTING   700  ACRES   OF   EQUIVALENT    LAND  TO    JN«>  BORG- 
HARDT. 

A  Petition  of  John  Borghardt  of  Great  Barrington     Setting  Legislative 
forth,  That,  as  he  could  not  find  any  Land  of  value  but  what  is  in  coSnctf,  xxx.t 

the  possession  of  some  person,  he  has  caused  the  Grant  made  him  ij^: 

by  this  Court,  of  four  hundred  acres,  the  last  Session  to  be  laid  out  House  Jour, 
in  two  several  pieces,  upon  Taucounak  mountain,  which  are  in  the  «,  132^ iss,' lis. 
possession  of  one  Nathan  Benjamin  and  another  person,  whose  name  f]^l^  gj  ^W 
is  unknown.  And  praying  that  the  Plan  thereof,  exhibited  with  tlie  760,  chap.  102. ' 
Petition,  may  be  confirmed  to  him,  or  that  he  may  have  another 
Grant  in  lieu  thereof  with  liberty  to  lay  out  the  same  in  several 
l^ieces. 

[Read  and] 

Resolved  that  there  be  granted  to  the  Petitioner  seven  hundred 
acres  of  Province  Land  lying  in  the  County  of  Berkshire  (not  in 
the  posession  of  any  person  or  persons  who  have  petitioned  the  Gen- 
eral Court  for  the  Grant  of  the  same)  in  full  for  his  demands  on  the 
Pi'ovince  in  consequence  of  his  losing  two  hundred  acres  a  former 
Grant  from  the  Province  by  reason  of  his  not  returning  the  jjlan 
thereof  seasonably  for  confirmation  and  all  other  demands  on  the 
Province  on  that  account,  and  that  the  Petitioner  have  leave  to 
take  the  Lands  in  divers  pieces  on  condition  that  he  take  the  whole 
of  the  Province  Laud  contained  in  each  piece,  save  so  much  as  may 
be  necessary  to  compleat  the  complement  of  seven  hundred  acres, 
which  the  Petitioner  is  allowed  to  take  off  of  any  of  the  Province 
Lands  as  aforesaid,  or  that  the  Petitioner  have  leave  to  take  it  in 
one  iutire  piece  if  it  can  be  so  taken,  and  that  the  Petitioner  return 


758 


Province  Laws  (i?eso/ues,  efc.).  — 1773-74.     [Chap.  98.] 


a  Survey  or  Surveys  and  plan  or  plans  thereof  into  the  Secretarys 
office  for  confirmation,  taken  by  a  Surveyor  and  Chainmen  under 
Oath  for  the  faithful  performance  of  their  trust  within  one  year 
from  the  last  day  of  the  present  Session  of  the  General  Court. 
[Passed  February  12. 


CHAPTEK    98, 


ORDER  SETTING  OFF  CERTAIN   PERSONS   WITH  THEIR    ESTATES    FROM 
THE   TOWN   OF   IPSWICH   TO   THE   TOWN   OF   TOPSFIELD. 


Legislative 
Records  of  the 
Council,  xxix., 
548.    Mass. 
Archives, 
cxvill.,  772. 

Mass. 
Archives, 
cxvill.,  770. 
Legislative 
Records  of  the 
Council,  XXX., 
29,  53,  165. 
House  Jour- 
nal, pp.  42, 43, 
47,65,148,149, 
160. 


A  Petition  of  Joseph  Cummings  and  others  of  Ipswich  Setting 
forth  That  they  live  in  a  corner  of  the  Parishes  in  said  Town  and 
are  in  general  about  five  miles  distant  from  the  nearest  meeting 
house  in  said  Ipswich  and  are,  with  their  Families,  put  to  such 
great  difficulties  in  attending  the  public  worship  of  God  there  espe- 
cially in  the  Winter  season,  that  they  are  unable  to  wade  through 
them,  and  so  are  under  the  necessity  to  attend  public  worship  at 
Topsfield  (which  is  but  half  the  distance  aforesaid)  or  tarry  at  home ; 
besides  which  they  are  deprived  of  the  benefit  of  the  public  School 
in  Ipswich  for  the  instruction  of  their  Children,  by  means  of  their 
distance  from  it.  That  they  have  frequently  applied  to  the  Town  of 
Ipswich  for  their  consent  to  their  being  set  ofE  to  Topsfield,  but  have 
never  been  able  to  obtain  it.  And  praying  that  they  with  such  part 
of  their  Lands  as  are  included  in  a  Plan  to  be  produced,  may  be  set 
off  from  Ipswich  and  annexed  to  Topsfield,  there  to  do  duty  and 
receive  privilege. 

Kead  and 

Ordered,  that  the  prayer  of  the  said  Petition  be  granted,  and  that 
.Joseph  Cummings,  John  Lampson,  Israel  Clark,  Joseph  Cnmmings 
jun'  John  Lampson  jun''  and  Thomas  Cummings  with  such  Lands 
as  are  included  in  a  plan  produced  by  the  said  Petitioners,  be  and 
hereby  are  set  o£E  from  the  Town  of  Ipswich,  and  annexed  to  the 
Town  of  Topsfield,  there  to  do  duty  and  receive  privilege  as  other 
Inhabitants  of  said  Topsfield,  to  all  intents  and  purposes  whatso- 
ever that  is  to  say,  begiuing  at  an  Ash  tree  by  the  River,  from 
thence  runing  northeasterly  by  the  Farm  known  by  the  name  of 
Saltonstall's  Farm,  then  Easterly  by  said  Saltonstal's  Farm  to  Land 
of  Robert  AVallis,  from  thence  north  three  degrees  West,  according 
to  the  needle,  fifty  poles,  then  north  thirteen  degrees  East  forty 
four  poles,  then  West  forty  four  degrees  north  thirty  five  poles, 
then  north  twenty  two  degrees  West  seventy  six  poles,  then  East 
nine  degrees  north  thirty  four  poles,  then  north  nineteen  degrees 
west  one  hundred  and  fifteen  poles,  then  West  nine  degrees  South 
fifty  five  poles,  then  north  seven  degrees  East  one  hundred  poles  to 
the  River,  then  northerly  down  the  River  to  the  mouth  of  gravelly 
Brook  so  called,  then  northerly  to  the  Way  called  Andover  Road 
and  by  said  Road  about  forty  two  poles,  then  northwesterly  by  said 
Road  about  seventeen  poles  to  Land  of  Jabez  Ross,  then  Westerly 
partly  by  Land  of  said  Ross  and  partly  by  Land  of  the  Heirs  of 
Tobijah  Perkins  to  a  heap  of  Stones,  being  a  corner  of  Topsfield, 
then  Southwesterly  by  said  Topsfield  to  the  Brook  called  Howletts 
Brook,  then  Southerly  by  said  Brook  and  by  the  River,  being  Tops- 
field  line,  to  the  first  mentioned  bounds.  And  that  the  Petitioners 
pay  their  respective  proportions  of  all  such  Taxes  as  are  already 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1773-74.  759 

assessed,  or,  by  virtue  of  auy  act  of  the  Province,  Grant  of  the 
Court  of  General  Sessions  of  the  peace  for  the  County  of  Essex, 
of  the  Town  of  Ipswich,  or  Parishes  within  the  same  to  which  the 
Petitioners  respectively  belong,  already  made,  remain  to  be  assessed 
within  the  said  Town.  And  that  the  proportion  which  the  Petitioners 
now  pay  of  the  Province  Tax  set  on  the  Town  of  Ipswich  by  the  last 
Valuation,  saving  for  such  Lands  of  the  Petitioners  as  are  not  in- 
cluded in  the  Plan  aforesaid,  be  hereafter  paid  by  the  Town  of  Tops- 
field,  until  a  new  Valuation  of  the  Estates  of  the  Inhabitants  of  this 
Province  shall  take  place.      \^Passed  February  16. 


CHAPTEK    99. 

ORDER  ERECTING  CERTAIN  PERSONS  WITH  THEIR  ESTATES  IN  TEMPLE- 
TON   AND   ATHOL   INTO   A   PRECINCT. 

A  Petition  of  a  number  of  the  Inhabitants  of  the  westerly  part  0"?'^'?"^?.^ 
of  the  Town  of  Templeton  and  the  Southeasterly  part  of  the  Town  council,  xxx., 
of  Athol    Praying  that  they  may  be  erected  into  a  Precinct,  accord-  ^^'  ^^'^• 


ing  to  the  limits  therein  mentioned,  or  that  a  Committee  may  be  Hlfofds'of 


...  Records  of  the 

appointed  to  view  their  situation  and  report.  council,  xxx., 

■^f^       in  1S7.    House 

[Keaa  ana  J  journal,  pp.  32, 

Ordered  that  the  Tract  of  Land  hereafter  described  lying  partly  f^^^'  ^**'  ^^^' 
in  Temijleton  and  partly  in  Athol,  together  with  the  Inhabitants 
thereon  dwelling,  be  and  are  hereby  erected  into  a  Precinct,  and 
the  said  Inhabitants  are  hereby  invested  with  all  the  powers  and 
privileges  by  Law  belonging  to  Inhabitants  of  other  Precincts  in 
this  Province  viz'  begining  at  Hubbardston  line  where  burnt  shirt 
stream  runs  out  of  Templeton,  thence  runing  up  said  stream  to  a 
maple  tree  being  the  Southerly  corner  of  the  second  division  lot 
number  forty  seven,  thence  runing  north  30°  West  to  new  Brook  so 
called,  thence  down  the  Brook  to  Eoyalston  line,  thence  West  to 
Athol  line,  being  the  northwest  corner  of  Templeton,  then  on  Athol 
line  to  Millers  River,  thence  down  said  River  to  a  Brook  called  thou- 
sand acre  Meadow  Brook  thence  Southwesterly  by  the  Westwardly 
corner  of  the  hundred  acre  lot  number  twenty  two,  thence  strait  to 
the  most  westerly  corner  of  Templeton,  tlience  by  Templeton  line 
to  where  it  begun.  And  further 

Ordered  that  Abner  Sawyer,  Abraham  Sawyer,  Joel  Grout,  Samuel 
Lamb,  Joshua  Whitcomb,  John  Brigham,  Alexander  Parkman  Davis, 
Thomas  Witt,  Jonathan  Wellington,  Elias  Sawyer,  Calvin  Reed, 
Ebenezer  Knight,  Isaac  Ball  jun'',  Israel  Sprague,  Joseph  Morse, 
Benjamin  Presson,  John  Colman,  Robert  Young  jun''  and  Zacheus 
Rich,  with  their  Estates  (together  with  the  Farm  of  Cap'  Aaron 
Jones  of  one  hundred  and  twenty  four  acres  adjoining  to  the  East- 
erly line)  altho'  included  within  the  Precinct  hereby  erected,  be  and 
hereby  are  exempted  from  doing  duty  there,  but  shall  be  subjected 
to  do  duty  in  the  Precincts  in  which  they  were  respectively  included 
before  the  passing  of  this  Order,  unless  they  or  either  of  them  within 
nine  months  from  the  date  hereof  return  their  names  into  the  Sec- 
retarys  office  signifying  their  desire  to  belong  to  the  said  Precinct, 
in  which  case  they  shall  be  considered  as  belonging  to  the  said  Pre- 
cinct and  shall  do  duty  and  receive  privilege  accordingly.  [Passed 
February  16. 


760 


Province  Jjxvfs  {Resolves,  etc.).  — 1773-74:.  [Chaps.  100-102.] 


CHAPTEK    100. 


RESOLVE   ALLOWING  THE   ACCOUNT   OF    THE    REV"    BENJ*   STEVENS   & 
OTHERS. 


Legislative 
EecordB  of  the 
Council,  XXX., 
169.    Mass. 
Arcliives,  xiv., 


House  Jour- 
nal, pp.  118, 128, 


The  account  of  Rev*  Benjamin  Steevens  Isaac  Lyman  and  Samuel 
Langdon  a  Committee  appointed  by  the  Gen^  Court  to  Employ  Mis- 
sionaries for  tlie  Eastern  parts  of  the  Province  being  presented  for 
Allowance  it  Ajopearing  that  the  Said  Account  is  Just  and  Eeason- 
able  and  that  they  had  Expended  the  Sum  of  Seventy  pounds  four 
Shillings  and  seven  pence  half  penny  part  of  the  Sum  of  Eighty 
p.  ii4-,chap.  58.  po^i^^^s  Granted  for  that  purpose 

Resolved  that  the  Same  be  allowed  and  that  the  Said  Committee 
be  further  accountable  for  the  Sum  of  Nine  pounds  fifteen  shillings 
and  four  penc  half  penny  yet  Eemaining  in  their  hands.  \^Passed 
February  16. 


CHAPTEE    101. 


RESOLVE   CONFIRMING  A  PLAN   OF  895    ACRES    OF    LAND    TO    BERIAH 
TREE. 


Legislative 
Recoriis  of  the 
Council,  XXX., 
170.    Mass. 
Archives, 
xlvi.,  607. 

House  Jour, 
nal,  pp.  143, 155, 
164, 166.    Ante, 
p.  558,  chap. 52; 
p.  676,  chap. 
118. 


Resolved,  that  the  plan  of  eight  Hundred  and  ninety  five  Acres 
of  Land,  Bounded  as  followeth  (viz')  Begining  at  a  Beach  Tree  at 
the  South  west  Corner  of  Williams  Town  and  from  thence  Runs 
west  ten  Degrees  North,  three  Hundred  and  thirty  Rods,  thence 
North  ten  degrees  east  four  Hundred  and  thirty  four  Rods,  thence 
east  ten  degrees  South,  three  Hundred  &  thirty  Rods,  to  a  White 
Birch  Tree  on  the  West  line  of  Williams  Town,  thence  South  ten 
degrees  west  four  Hundred  and  thirty  four  Rods,  to  the  above  men- 
tioned South  west  Corner  of  Williams  Town,  be  Accepted,  and  hereby 
is  Confirmed  unto  Beriah  Tree,  his  Heirs  and  Assigns  forever.  Pro- 
vided the  said  Beriah  Tree  pay  unto  Stephen  Davis,  Moses  Rich, 
Robert  M'^Masters,  John  M'^Masters,  and  Moses  Young,  each  one  his 
Respective  proportion,  of  what  they  have  made  said  Tract  of  land 
better,  by  their  Labour  on  the  Premices,  then  it  was  in  a  state  of 
Nature.  To  be  Adjudged  and  Determined  by  Mis"  Andrew  Squire, 
Elijah  Powel,  and  Capt.  Asa  Duglass.     \^Passed  February  16. 


CHAPTEE    102 


RESOLVE  GRANTING  LAND   TO  NATHAN  BENJAMIN    AND    OTHERS    AND 
APPOINTING  A  COM''™  THEREON. 


Lefrislatlve 
Records  of  the 
Council,  x.xx., 
171.    M.1SS. 
Archives, 
ccxliil.,  98. 

House  Jour- 
nal, pp.  132, 135. 
Ante,  p.  71, 
chap.  135; 
p.  757,  chap.  97. 


In  the  House  of  Representatives 

Upon  the  Petition  of  Nathan  Benjamin  praying  for  a  grant  of 
the  Lands  on  Tauconnock  Mountain  to  be  made  to  him  and  others. 

Resolved 

That  the  Lands  mentioned  in  said  Petition  and  delineated  in  the 
Plan  accompanying  s"*  Petition  be,  and  hereby  is  granted  to  the  said 
Nathan,  and  others  who  originally  purchased  said  Lands  of  the 
Indians  or  who  are  the  Heirs,  or  assigns  of  said  Purchasers,  or 
who  have  been  otherwise  permitted  to  settle  on  s'^  Lands  The  said 


[2d  Sess.]     Province  hxws  (Besolves,  etc.).  — 1773-74.  761 

Grantees  paying  therefor  into  the  Province  Treasury  the  Sum  of 
Two  Hundred,  and  forty  Pounds  lawful  Money  within  two  years 
after  the  final  Comijlesion  &  Confirmation  of  said  Grant;  with  the 
Interest  of  the  same  Sum  from  the  fifteenth  Day  of  May  Anno  Dom : 
17(36  untill  the  same  shall  be  paid,  (said  Sum  to  be  paid  by  the 
Grantees  in  Proportion  to  their  Interests  respectively.) 

And  to  the  End  that  it  may  be  Eightly  known  who  are  the  orig- 
inal Purchasers  of  said  Land  their  Heirs,  and  assigns  &c 

Resolved  that  M'  Hopkins  &  Maj"  Ingersol  with  such  as  the  Hon- 
ourable Board  May  join  be  a  Committee  to  Repair  to  the  Tract  of 
Land  aforesaid  (at  the  Charge  and  Expence  of  the  Grantees,  (to 
make  Enquiry  and  determine  who  are  said  original  Purchasers  their 
Heirs  &  assigns,  and  who  ought  to  be  admitted  the  Grantees  of  said 
Land  which  Committee  are  to  give  Publick,  Suitable,  and  Season- 
able Notice  of  the  time  &  place  of  their  meeting  for  the  purpose 
aforesaid,  and  to  make  a  Eeport  of  their  Doings  to  the  General  Court 
for  final  approbation,  and  Confirmation  on  the  Third  Wednesday 
of  the  next  Session  of  said  General  Court ' 

In  Council  Read  &  Concurred  &  Tim"  Woodbridge  Esq'  is  joined. 
[Passed  February  16. 


CHAPTEK    103. 

KESOLVE   IN    REGARD   TO    SALE   OF   PROVINCE   LAND   BORDERING  ON 
DEERFIELD    RIVER. 

In  the  House  of  Representatives  Legislative 

The  House  having  before  them  a  plan  (taken  by  Samuel  Taylor  coSnc'if,  xxx .? 
by  Order  of  Court)  of  the  Land  to  be  sold  this  day  at  Public  Vendue  ^l^-^^^lH^- 
Taking  the  same  into  Consideration  flnde  that  the  plan  of  the  Sev-  cxvui.,  793. 
eral  Peices  differ  from  the  Descreptions  in  the  Advertisment  for  House  Jour. 

Oolp  nal,  pp.  157,  lfi4, 

^<^^^  165, 166.    Ante, 

Therefore  p-  737,  chap.  .w. 

Resolved  that  the  Said  Tract  of  Land  Ordered  by  the  General 
Court  on  the  26""  Day  of  June  last  Ordered  to  be  sold  in  three 
peices  by  their  Committee  on  this  Day;  be  sold  in  four  Peices  to 
be  described  and  bounded  in  the  following  manner  V^iz :  One  Peice 
Bounded  East  on  Charlemont  and  Grants  North  on  Number  Seven 
West  On  Bullocks  Township  so  Called  North  On  Locks  &  Piercs 
Grants  and  Deerfield  River  And  to  Extend  as  far  North  as  a  Line 
Extending  Eastward  from  the  North  East  Corner  of  Locks  Grant 
the  Same  Course  of  his  North  Line  Containing  Nineteen  Hundred 
&  fourty  three  Acres  Marked  on  Said  Plan  N°  1 

An  Other  Peice  lying  on  the  East  Side  of  Deerfield  River  and 
bounded  thereon  on  Bullocks  Township  so  Called  On  Joneses  Grant 
Called  Murryfield  on  Fallams  and  Piercs  Grant  and  on  a  Brook 
Called  Pelham  Mill  Brook  together  with  the  Island  or  Islands  Lying 
in  Deerfield  River  Oposite  to  where  the  Said  descrebed  peices  of 
Land  Adjoyn  on  Said  River  which  contains  Twenty  One  Hundred 
&  fourteen  Acres 

An  Other  peice  descrebed  in  Said  Plan  Contains  Six  Hundrd  & 
Thirty  Seven  Acres  Bounded  Southerly  on  Said  Locks  Grant  West- 
erly on  Bullocks  Township  Northerly  On  Deerfield  River  and  East- 
erly On  Pierces  Grant 

*  The  final  action  on  this  chapter  not  found  in  the  House  Journal. 


762 


Province  Laws  {Resolves,  etc.) .  — 1773-74.  [Chaps.  104,  105.] 


The  other  Piece  Bounded  Southerly  on  Deerfield  Eiver  Westerly 
on  Bullocks  Township  so  Called  to  the  North  East  Corner  thereof 
and  from  thence  to  Extend  North  ten  Degrees  East  Two  Hundred 
&  fourteen  Rods  thence  East  Ten  Degrees  South  Three  Hundred 
&  Sixty  Rods  to  the  North  East  Corner  of  Land  Sold  to  Cornelius 
Jones  Called  Murryfield  and  bounding  East  on  Said  Jones  Grant  to 
Deerfield  River  Containing  Two  Thousand  Seven  Hundred  &  Eighty 
four  Acres. 

In  Council  Read  &  Concurred.      \^Passed  February  16. 


CHAPTEK    104. 

RESOLVE  CONFIRMING  A  PLAN  OF  10,000  ACRES  OF  LAND  TO  CORNELIUS 
JONES. 

Eecords'of  the       ^  PETITION   of   Cornelius  Joues     Setting  forth,    That  on   the 
Councu,  XXX.,  second  day  of  June  1762  he  purchased  of  the  Government,  at  pub- 

— —  lie  vendue,  a  certain  Tract  of  Land  called  ten  thousand  acres,  and 

naiypp!^i5uri66.  ^''is.t  he  has  performed  all  the  conditions  enjoined  him  to  do  and 
Province  '       perform  by  this  Court.  And  praying  that  the  said  Tract  of  Land 

Laws,  xTii.,        ^  ,  -'  „  Til-  X-     J      a 

244,chap. 60.      may  be  connrnied  to  him. 
[Read  and] 

Resolved  that  the  prayer  thereof  be  granted,  and  that  the  Tract 
of  Land  therein  referred  to,  bounding  north  on  the  present  line  of 
Jurisdiction  between  this  Province  and  the  Colony  of  New  York, 
East  on  Land  belonging  to  Green  and  Walker  and  Bulflnch,  South 
partly  on  Charlemont,  to  extend  West  to  make  ten  thousand  acres, 
be  and  hereby  is  granted  and  confirmed  unto  the  said  Cornelius 
Jones  his  Heirs  and  assigns  forever.     \^Passed  Febricary  17. 


CHAPTEE    105. 

RESOLVE   REMITTING  TO   THE   TOWN   OF    EASTHAM    AND    DISTRICT   OF 
WELLFLEET  TEN  POUNDS  FOR  NOT  SENDING  A   REPRESENTATIVE. 


Legielatlve 
Records  of  the 
Council,  XXX., 
177.    Mass. 
Archives,  1., 
505. 

House  Jour- 
nal, p.  169. 
Province 
Laws,  v.,  312, 
chap.  14;  367, 
notes. 


Resolved  that  their  be  paid  out  of  the  Publick  Treasury  to  Bar- 
nabas Freeman,  Representitive  for  the  Town  of  Eastham  and  Dis- 
trict of  Wellfleet  the  Sum  of  five  Pound  Eleven  Shillings  &  Eight 
Pence  for  the  Vse  of  S**  Eastham  and  also  the  Sum  of  Four  Pounds 
Eight  Shillings  and  four  Pence  for  the  Vse  of  S"^  Welfleet,  being 
in  the  whole  the  Sum  of  Ten  Pound  which  Sum  S'^  Town  and  Dis- 
trict was  fined  and  assesed  in  the  last  Tax  Act  for  not  Sending  any 
Person  to  Represent  them  in  the  Great  and  General  Court  in  the 
year  1770.     \^Passed  February  17. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  763 


CHAPTEE    106. 

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

,  A  Petition  of  John  Preston  Guardian  to  Bebe  and  Eemember  Legislative 
Preston,  minors,  two  of  the  Children  of  Eemember  Preston  late  of  councifxxx'.'' 
Dorchester  deceased  intestate     Setting  forth     That  the  said  intes-  ^''■>- 
tate  died  siezed  of  a  Farm  lying  at  a  place  called  Squantnm  Neck  House  Jonr- 
in  said  Dorchester  containing  about  fifty  acres  with  a  dwelling  house       '^^'     ' 
and  other  Buildings  thereon;  two  sixth  parts  whereof  the  said  minors 
are  intitlcd  to     That,  the  said  dwelling  house  and  other  buildings 
being  old  and  decayed,  the  other  persons  interested  in  the  jjremises 
have  agreed  to  sell  their  parts  thereof.   And,  as  he  apprehends  it 
will  be  for  the  advantage  of  the  said  minors  to  sell  their  parts  in 
the  said  Real  Estate,  praying  that  he  may  be  impowered  to  make 
sale  of  the  same. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  impowered  to  sell  the  said  minors  part  of  the  Real 
Estate  mentioned  in  the  Petition  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  deed  thereof  in  Law,  he  observing 
the  rules  and  directions  of  the  Law  for  the  sale  of  Real  Estates  by 
Executors  and  administrators  and  giving  security  to  the  Judge  of 
Probates  for  the  County  of  Suffolk  that  the  proceeds  of  sale  be  put 
to  interest  for  the  benefit  of  said  minors  and  that  the  principal  and 
interest  be  divided  between  said  minors  when  they  arrive  at  full  age 
agreable  to  Law.      \^Passed  February  18. 


CHAPTEE    107. 

RESOLVE  CONFIRMING  A  PLAN  OF  239  ACRES  AND  36  RODS  OF  LAND 
TO  JONATHAN  PETITE,  AND  A  FURTHER  RESOLVE  GRANTING  139 
ACRES   AND   26   RODS   OF  LAND    TO    BENJAMIN   GRIGGS. 

A  Petition  of  Jonathan  Petit  and  others,  praying  for  the  Grant  Legislative 
of  unappropriated  Lands  particularly  delineated  and  described  in  oouncu.xxx.^ 
the  Survey  Bills  and  Plan  accompanying  their  Petition  15: 

[Read  and]  Rifordsotthe 

Resolved  that  there  be  and  there  hereby  is  granted  and  confirmed  Council,  xxix., 
unto  Jonathan  Pettit  his  Heirs  and  assigns  forever  the  Tract  of  journal,  pp.'sb^ 
Land  herein  delineated  and  described  containing  two  hundred  and  23,32,54,74,155, 
thirty  nine  acres  and  thirty  six  rods,  provided  he  give  sufficient 
security  to  the  Province  Treasurer  for  the  payment  of  the  sum  of 
eleven  pounds,  nineteen  shillings  lawful  money  within  one  year 
from  and  after  the  date  hereof  with  lawful  interest  therefor  till  paid. 
Also  further 

Resolved  that  one  other  Tract  of  Land  herein  described  and  delin- 
eated containing  one  hundred  and  thirty  nine  acres  and  twenty  six 
rods  be  and  hereby  is  granted  unto  Benjamin  Griggs  his  Heirs  and 
assigns  forever,  provided  he  give  sufficient  security  to  the  Province 
Treasurer  for  the  payment  of  Six  pounds,  nineteen  shillings  and 
six  pence  lawful  money  with  Interest  therefor  till  paid,  to  be  paid 
within  one  year  from  and  after  the  date  hereof.  [Passed  Feb- 
ruary 18. 


764  Province  Laws  (i2esoZues,ete.).  — 1773-74.  [Chaps.  108, 109.  J 


CHAPTEK    108. 

RESOLVE   CONFIRMING    A    GRANT   OF    EQUIVALENT    LAND    TO    CALEB 
HOLDEN  AND  OTHERS. 

Hecords'of  the  Resolved  that  two  of  the  Plans  hereunto  annexed,  one  plan  con- 
Councu,  XXX.,   taining  one  hundred  and  twenty  one  acres  and  one  hundred  &  forty 

rp — — four  rods,  bounded  as  followeth  viz'  begining  at  the  northwest  corner 

Plans,' Mi8.,  of  Ross  and  Hezekiah  Wymans  Grant  runing  West  three  degrees 
v,'!"  House'''''  South  one  hundred  and  sixty  eight  rods  to  a  stake  and  stones,  thence 
Joi^rnai,^pp.39,  South  Seventeen  degrees  West  one  hundred  and  eight  rods  to  a  stake 
Ante.l^.'im,  and  stones,  thence  East  three  degrees  north  two  hundred  rods  to  a 
chap.  o6.  stake  and  stones,  thence  north  three  degrees  West  one  hundred  and 

six  rods  to  a  stake  and  stones  the  first  mentioned  bounds.  Another 
2:)lan  containing  forty  acres  and  forty  rods,  begining  at  the  north 
end  of  the  plat  on  Charlemont  east  line  at  the  River,  thence  run- 
ing South  on  Charlemont  east  line  two  hundred  and  eighty  rods 
to  the  River,  thence  up  the  River  sixteen  rods,  thence  north  seven- 
teen degrees  east  sixty  six  rods  on  the  west  line  of  a  Grant  to  Lieu' 
Timothy  Child,  thence  bounded  on  the  River  to  the  first  mentioned 
bounds,  be  accepted  and  hereby  is  confirmed  to  Caleb  Holdeu,  Amos 
Holden,  Isaiah  Ilolden,  Nehemiah  Holden,  David  Holden,  Sarah 
Hartwell,  Rachel  Gould  and  Hannah  Blood  their  Heirs  and  assigns 
forever  to  satisfy  part  of  a  Grant  made  to  them  in  June  last  of  four 
hundred  acres  of  Land  in  lieu  of  and  in  full  satisfaction  for  the 
Lands  which  John  Holden  Father  of  the  abovementioned  Grantees 
lost  in  a  Township  called  Tyngs  Town,  by  runing  the  line  between 
this  Province  and  the  Province  of  Newhampshire;  provided  said 
plans  do  not  exceed  the  quantities  therein  mentioned  or  interfere 
with  any  former  Grant.  And  that  the  other  plan  annexed  contain- 
ing two  hundred  and  thirty  seven  acres  and  one  hundred  and  thirty 
six  rods  lye  on  file  until  the  further  Order  of  this  Court.  [Passed 
February  19. 


CHAPTER    109. 

ORDER    IMPOWERING    THE    PROPRIETORS    ON   HOUSATONIC   RIVER  TO 
CALL  A  TOWN   MEETING  AND   PROCURE   PLANS  OF  LAND. 

Legislative  A  PETITION  of  Isaac  Vandusen  and  others  Proprietors  of  the 

Couni'ii,  xxix.,  upper  Housatonnock  propriety,  so  called.  Setting  forth  That  in 
260;  XXX.,  180.  ^YiQ  year  1722  the  General  Court  granted  to  them  a  tract  of  Land 
Reford."of  the  Called  the  Upper  Housatonnock  Propriety  and  appointed  a  Com- 
councii,  xxix.,  mittee  to  purchase  the  said  Lands  of  the  natives  and  to  transact 
ii,'i'2,58,iV3.' ''  all  other  matters  necessary  to  the  forming  of  said  proj^riety,  but, 
nai?pp''i8"i6,  altho'  repeated  search  has  been  made,  no  return  of  the  said  Com- 
56, 57, 68,  isol  mittee  to  the  General  Court,  of  their  proceedings,  can  be  found  That 
LawB°x.,]89,  the  Warrant  for  calling  the  first  meeting  of  the  said  proprietors  was 
i2,'*ciilp.' i?';'"  ^°*  Recorded,  nor  can  the  original  Warrant  now  be  found  That 
xii.,  385,  chap,  the  Petitioners  are  apprehensive  many  difficulties  and  inconviences 
chap.  126;  348,  may  hereafter  arise  by  means  of  the  aforementioned  defects,  with- 
chap.  281.  Q^^(.  ^j^Q  interposition  of  this  Court.  And  praying  that  the  Records 

and  doings  of  the  said  Proprietors  may  be  established  the  defects 

aforesaid  notwithstanding. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  765 

The  Committee  appointed  tlie  16  instant  to  take  into  considera- 
tion the  report  of  Artemas  Ward  Esq''  and  others  a  Committee 
appointed  in  June  last  to  repair  to  the  upper  Township  on  Housa- 
tonnock  River,  view  the  proceedings  of  the  propriety  of  the  said 
Township,  their  Records  &c  having  considered  the  same,  made 
Report;  whereupon  the  following  Order  passed  viz' 

Ordered  that  the  proprietors  and  purchasers  of  the  upper  Town- 
ship on  Housatonnock  River,  so  called,  be  impowered  to  meet  and 
assemble  together  upon  a  Warrant  being  issued  for  that  purpose  by 
any  Justice  of  the  peace  for  the  County  of  Berkshire,  and  at  such 
meeting  to  choose  proper  officers  for  regulating  said  Propriety,  and 
at  such  meeting  or  any  future  one,  to  appoint  meet  persons  to  joro- 
cure  a  Plan  of  the  several  Tracts  of  Land  laid  out  by  General  Courts 
Committee,  and  also  of  the  Lands  laid  out  by  Proprietors  Com- 
mittee as  near  as  possible  to  their  Surveys  and  Records,  and  also  a 
plan  of  the  East  and  AVest  divisions,  and  the  divisions  of  the  Hop- 
lands  agreable  to  their  former  Survey,  also  a  plan  of  the  equalizing 
Lands,  so  called,  exactly  agreable  to  a  late  Survey  taken  by  AVilliam 
Day  which  Plans  thus  taken  be  laid  before  the  said  proprietors  and 
purchasers  at  a  meeting  for  their  acceptance  and  a  return  thereof  be 
made  to  the  General  Court  at  their  next  Sessions,  and  at  said  meet- 
ing the  Votes  be  collected  according  to  interest  agreable  to  the  Law 
of  this  Province  for  regulating  the  meetings  of  proprietors  of  com- 
mon and  undivided  Lands.  And  that  the  consideration  of  the  other 
matters  contained  in  the  said  report  be  referred  to  the  next  Session 
of  the  General  Court.     \^Passed  February  '22. 


CHAPTEE    110. 

RESOLVE   CONFIRMING   160   ACRES   OF   LAND   TO  JOASH    RICE. 

A  Petition  of  Joash  Rice     Setting  forth.  That  he  has  for  fifteen  Legislative 
years  past  been  possessed  of  a  Tract  of  Province  Land  lying  West  countlif  xxx!* 

of  Sheffield  in  the  County  of  Berkshire  and  has  during  that  time  ^^ 

chearf ully  paid  Taxes  for  the  same     That  he  has  been  in  the  ser-  House  Jour- 
vice  of  the  Province  during  the  last  War  and  is  now  advanced  in  rrg.Tso'." '  '  ' 
years  and  under  poor  circumstances.  And  praying  for  a  Grant  of 
the  said  Tract  of  Land. 

[Read  and] 

Resolved  that  there  be  and  hereby  is  granted  and  confirmed  unto 
Joash  Rice  his  Heirs  and  assigns  forever  the  Tract  of  Land  in  this 
plan  delineated  and  described,  containing  one  hundred  and  sixty 
acres,  provided  the  said  Joash  pay  or  give  sufficient  security  to  the 
Province  Treasurer  for  the  payment  of  the  sum  of  ten  pounds  law- 
ful money  within  one  year  from  and  after  the  date  hereof  with  law- 
ful Interest  until  paid.     \^Passed  February  22. 


766 


Province  Laws  (liesolves, etc.).  — 1773-74.  [Chaps.  111-113.] 


CHAPTEK    111. 

RESOLVE    GRANTING  300  ACRES   OF   LAND    TO    JONATHAN   GREENLEAF. 

Legislative  Whereas  the  General  Court  did  on  the  fifth  day  of  March  1773 

Records  or  the  ix         i  i  i         t       i  «.  •         i 

Council,  XXX.,  grant  to  Lbenezer  Hartshorn  three  hundred  acres  of  unappropriated 
Land  belonging  to  this  Province  to  the  eastward  of  Saco  Eiver  ad- 


Su"pp-''i2M«),  joining  to  some  former  Grant  in  full  of  all  considerations  both  in  his 
!*•''■'*»'«■  own  and  his  Fathers  right  not  to  interfere  with  any  former  Grant, 
161.  '"  '"'  provided  he  return  a  plan  thereof  to  this  Court  within  one  year  for 
confirmation  to  be  taken  by  a  Surveyor  and  Chainmen  under  Oath. 
And  whereas  the  said  Ebenezer  hath  prayed  this  Court  that  said 
Grant  might  be  transferred  to  Jonathan  Greenleaf  of  Newburyport 
for  reasons  mentioned. 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  as  that 
the  said  Jonathan  Greenleaf  be  and  he  accordingly  is  hereby  impow- 
ered  to  lay  out  the  said  three  hundred  acres  to  himself  subject  to 
such  restrictions  as  are  contained  in  the  Grant  to  said  Ebenezer 
Hartshorn  and  the  said  Jonathan  is  allowed  a  further  term  of 
ten  months  to  return  such  a  plan  for  confirmation.  [Passed  Feb- 
ruary 23. 


CHAPTEE    112. 


RESOLVE  ALLOWING  £22.  4  TO   THE   COM^ 
NOCK. 


AVHO   WENT   TO   HOUSATON- 


Legisiative  Eesolved  that  there  be  paid  out  of  the  public  Treasury  the  sum 

Council,  XXX.,   of  twenty  two  pounds  four  shillings  to  Artemas  Ward,  John  Whit- 

— comb  and  Timothy  Dwight  Esq"  who  were  a  Committee  appointed 

nai"pp"'f6iri87.  ^^y  ^'^^  General  Court  to  repair  to  the  Lands  at  upper  Housatonnock 

Ante,  p.  764,      in  June  last  upon  the  Petition  of  David  Ingersol  Esq'  and  John  Wil- 

c  ap.  10  .  liams  and  others,  which  sum  is  in  full  of  said  Committees  expences 

and  disbursements,  and  that  the  same  be  laid  upon  the  Town  of 

Great  Barrington  in  the  next  Tax  act.      [Passed  February  24. 


CHAPTEK    113. 


RESOLVE  ALLOWING  £40  TO  THE    COMMITTEE   ON   THE   CHAPPAQUIDICK 
INDIANS. 


Legislative 
Records  of  the 
Council,  XXX., 
194.    Mass. 
Archives, 
xxxlil.,  611. 

Legislative 
Records  of  the 
Council,  XXX., 
98,  184, 192. 
House  Jour- 
nal, pp.96. 102, 
1.57,174,177,185. 
Province 
Laws,  v.,  382, 
notes. 


Resolved  that  there  be  Granted  and  allowed  to  Be  paid  out  of  tho 
Publick  Treasury  To  waiter  Spooner  &  Edward  Bacon  Esq'^  and 
111'  Isaac  Lothrop  the  Sum  of  fourty  Pounds  for  the  Vse  of  the 
Indians  Propriators  of  &  Inhabitans  on  the  Island  of  Chapaquidick: 
to  be  applied  for  the  Sole  purposes  of  Paying  Sundry  Cliarges  that 
Said  Indians  have  Been  at  for  Simon  Porridges  Expences  as  agent 
for  them  the  Said  Indians  at  the  Court  of  Create  Britain  &  the 
farther  Expence  of  Said  Indians  for  attending  the  Gen"  Court  the 
present  Sessions  The  Committee  to  be  Accountable  to  this  Court. 
[Passed  February  24. 


[2d  Sess.]     Province  Laws  [Mesolves,  etc.).  — 1773-74.  767 


CHAPTEE    114. 

RESOLVE    IMPOWERING    THE     COMMITTEE    ON    SALE    OF    PROVINCE 
LANDS  TO   EXECUTE   A  DEED   TO  WILLIAM  DENNIE. 

Resolved  that  the  Committee  aijpoiuted  by  the  General  Court  on  Legislative 
the  26"'  day  of  June  last  to  make  sale  of  all  that  tract  of  unappro-  counclf,  xA".? 

priated  Land  lying  together  on  both  sides  of  Deerfield  River  West  ij|i 

of  Charlemout  and  Merrifleld  and  east  of  Bullocks  Township  so  nouse.Tour. 
called,  be  impowered  and  directed  immediately  to  make  and  exe-  "'»;<>'''|p.'7':i7, 
cute  a  good  Deed  or  Deeds  of  the  premises  unto  William  Dennie,  cbapiinL'*'^^^' 
he  being  the  highest  bidder,  upon  his  paying  into  the  hands  of  said 
Committee  for  the  use  of  this  Province  tlie  purchase  money  said 
Lauds  was  sold  and  struck  off  to  him  for,  saving  a  deduction  of 
seven  eighths  of  the  Literest  of  the  said  purchase  money  for  the 
space  of  one  year  from  the  day  of  the  sale.      [Passed  February  24. 


CHAPTER    115. 


RESOLVE   CONFIRMING  A   GRANT    OF    175    ACRES    OF    LAND    TO    HENRY 
SPRING. 

A  Petition  of  Henry  Spring  of  Sandisfield  in  the  County  of  ^If^'^dB  of  the 
Berkshire  Setting  forth,  That  he  served  the  Province  in  the  last  council,  xxx., 

War;  in  which  service  he  had  the  honor  of  a  Commission  and  will-  ^^i . 

ingly  risqued  his  life  and  greatly  impaired  his  Estate  for  the  public  ArciiiveB.xivi., 
interest     That  there  is  a  tract  of  Land  belonging  to  the  Province  5"g^^j.„Hou8e 
in  the  Green  Woods,  containing  one  hundred  and  seventy  five  acres  pp^iae,  leg,  187. 
which  is  so  poor  and  broken  that  no  person  has  chose  to  include  it 
in  their  Grants,  but  which  however  might  afford  some  means  of 
subsisting  him  in  his  present  needy  circumstances.  And  praying 
that  the  said  Tract  of  Land  may  be  granted  to  him. 

"  The  abovementioned  175  acres  of  Land  is  bounded  as  follows  viz' 
begining  at  a  hemlock  stump  and  stones  laid  round  it  the  northwest 
corner  of  Granville  then  runing  East  18°  South  in  the  north  line  of 
said  Granville  24  rods  to  the  Southwest  corner  of  a  Grant  of  Land 
called  William  Tailors  Grant,  then  runing  north  20°  East  260  rods 
in  the  west  line  of  said  Grant  to  the  northwest  corner  thereof  then 
runing  north  9°  East  in  the  west  line  of  a  Grant  of  Land  called 
Eands  Grant  46  rods  to  the  South  line  of  a  tract  of  Laud  called 
Trumble's  Grant,  then  runing  West  in  said  South  line  53  rods  to 
a  heap  of  Stones  on  a  Rock  the  Southwest  corner  of  said  Trumbles 
Grant,  then  runing  north  in  the  west  line  of  said  Trumbles  Grant 
160  rods  to  a  heap  of  Stones  the  northwest  corner  of  said  Trumbles 
Grant,  then  runing  east  in  the  north  line  of  said  Trumble's  grant 
72  rods  to  the  west  line  of  the  abovesaid  Rands  Grant,  then  runing 
north  9°  East  in  the  west  line  of  the  said  Rands  Grant  44  rods  to 
the  South  line  of  a  Tract  of  Land  called  Tyringhara  equivalent, 
then  runing  West  9°  n  in  the  South  line  of  said  equivalent  Lands 
147  rods  to  Farmington  River  then  runing  Southwardly  bounding 
Westerly  on  said  River  to  the  first  bounds." 

[Read  and] 

Resolved  that  the  Land  mentioned  in  his  Petition  containing  one 
hundred  and  seventy  five  acres  as  Surveyed  and  planned  by  Jacob 


768 


Province  1ja.\\s  {Resolves,  etc.) .  — 1773-74:.  [Chaps.  116,  117.] 


Brown  Surveyor,  lying  on  the  easterly  side  of  Farmingtou  Eiver, 
be  granted  and  confirmed  to  the  said  Henry  Spring  his  Heirs  and 
assigns;  provided  that  no  former  Grantee  shall  take  up  the  same 
within  four  mouths  from  this  time;  provided  also  that  the  same  do 
not  interfere  with  any  former  Grant :  and  that  he  the  said  Henry 
Spring  shall  give  sufficient  security  to  the  Province  Treasurer  for 
the  sum  of  ten  pounds  for  the  use  of  this  Province  to  be  paid  in  one 
year  from  this  time  with  lawful  interest.     [Passed  February  24. 


Legislative 
Records  of  the 
Council,  XXX., 
193. 

House  Jour- 
nal, pp.  184, 186, 
187. 


CHAPTBK    116. 

ORDER  IMPOWERING  JON*  SIMPSON,  GUARDIAN,  TO  SELL  LAND. 

A  Petition  of  Jonathan  Simpson  of  Boston  Guardian  to  Mar- 
garet Simpson  and  William  Simpson  minors  and  Children  of  John 
Simpson  late  of  said  Boston  merchant  deceased  Setting  forth,  That 
the  said  minors  are  siezed  in  fee  of  an  eighteenth  part  of  a  small 
piece  of  Land  in  Boston,  bounded  Southerly  on  Water  Street,  West- 
erly on  pudding  Lane  That  the  said  Land  lyes  in  common  with 
divers  persons  who  have  agreed  to  sell  their  parts  therein.  And,  as 
it  cannot  be  of  any  advantage  to  the  minors  to  defer  the  sale  of 
their  proportion  therein,  Praying  that  he  may  be  impowered  to  sell 
the  said  minors  eighteenth  part  of  the  premises. 

[Read  and] 

Ordered  that  the  prayer  thereof  be  granted,  and  that  the  Petitioner 
be  and  he  hereby  is  fully  authorized  and  impowered  in  his  capacity 
therein  mentioned  to  sell  the  eighteenth  part  of  the  Land  aforesaid 
belonging  to  said  minors,  and  that  he  give  and  execute  a  legal  Deed 
for  conveying  the  same,  and  that  he  account  with  the  Judge  of  Pro- 
bate for  the  County  of  Suffolk  for  the  proceeds  of  such  sale.  \^Passed 
February  24. 


CHAPTEE    117, 


RESOLVE  ALLOWING  THE  ACCOUNT   OF   THE    GUARDIANS   OF   THE   MAT- 
TAKESET   INDIANS. 


Legislative 
Records  of  the 
Council,  XXX., 


Mass. 
Archives, 
xxxiii.,  606-610. 
House  Jour- 
nal, pp.  Ill,  188. 
Province 
Laws,  xlv.,  718, 
chap.  221. 


The  Guardians  of  the  Mattakeset  Indians  having  laid  their 
account  before  the  Court  for  allowance,  the  following  Order  passed 
thereon  viz' 

In  the  House  of  Eepresentatives 

Resolved  that  as  it  appears  to  this  House  that  said  Accounts  are 
right  cast  &  well  vouched  the  same  be  allowed  and  that  the  Ballance 
being  thirty  Seven  Pounds  three  shillings  &  eight  Pence  one  far- 
thing now  In  the  Hands  of  said  Guardians  the  said  Guardians  Be 
further  accountable  for. 

In  Council  Eead  &  Concurred.      {Passed  February  24. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  769 


CHAPTER    118. 

RESOLVE     ALLOWING    £60    AND     A    FURTHER    SUM    OF    £18.  16    TO    JN" 
THOMAS,  ESQ=. 

A  Petition  of  John  Thomas  Esq''     Praying  an  allowance  for  his  Legislative 
last  years  service  as  keeper  of  the  Lighthouse  on  the  Gurnet  at  the  councif,  xx'x .! 

entrance  of  Plimouth  harbour,  ending  the  14  day  of  Novem'  last,  ^^ 

and  also  for  the  reimbursement  of  the  sum  of  £18.16/  which  he  House  Jour- 
expeuded  for  Wood  and  Charcoal  consumed  at  s"*  Lighthouse.  ".pp-     .  -  ■ 

[Read  and] 

Resolved  that  the  sum  of  Sixty  pounds  be  allowed  and  paid  out  of 
the  Province  Treasury  to  the  Petitioner  for  his  service  as  keeper 
of  the  Lighthouse  on  the  Gurnet  for  one  year  ending  the  fourteenth 
of  Novem'  last  and  the  further  sum  of  eighteen  pounds,  sixteen  shil- 
lings for  twenty  Cords  of  Wood  and  for  Charcoal  expended  at  said 
Lighthouse.     \^Passed  February  24. 


CHAPTER    119. 

RESOLVE    ALLOWING    THE    ACCOUNT    OF    THE    GUARDIANS    OF    THE 
DUDLEY   INDIANS. 

[The  Committee]  '  on  the  Accounts  of  the  Gaurdians  of  the  Legislative 
Dudly  Indians  [having  reported,  it  was]  c^mcii^,  x*x*x.* 

Resolved  ArelUv'es**' 

that  whearas  it  appears  that  said  Accounts  are  Right  Cast  and  xxxiii!f604. 
well  vouched  and  and  °  that  the  s»id  Gaurdians  at  their  last  Settle-  Mass. 
ment  in  April  1773  were  in  advance  the  sum  of  seven  Pounds  four-  xxxiii^^eos 
teen  shillings  &  six  pence  two  farthings  and  since  have  paid  for  said  House  jour. 
Indians  Benefit  for  Provisions  Cloathing  &  Doctoring  sixteen  pounds  province'  '     ' 
thirteen  shillings  &  three  pence  &  that  they  have  Recived  two  years  ch'^.Jp'''76^  693*^' 
Income  at  nine  pounds  p'  year  and  that  said  Gaurdians  are  in  Advance  chap.'  283. 
six  pounds  seven  shillings  &  three  pence  two  farthings.    \^Passed  Feb-  th&l'.  76.'^^' 
ruary  24. 

CHAPTER    120. 

RESOLVE    REMITTING   TO    THE    TOWN    OF    HOLDEN    £8    FINE    FOR    NOT 
SENDING  A  REPRESENTATIVE. 

A  Petition  of  John  Child  and  others  a  Committee  of  the  Town  Legislative 
of  Holden  Setting  forth.  That  a  fine  was  laid  on  the  said  Town,  the  cSuncif,  xxx.^ 
last  Session  of  this  Court,  for  not  sending  a  Representative.  And,  as  i98. 
the  said  Town  consists  of  a  great  number  of  poor  people,  has  many  Executive 
Roads  and  Bridges  to  support  and  are  about  settling  a  minister.  Pray-  coSScif,  xv'il'f 
ing  that  the  said  Fine  may  be  remitted.  ™"-   House 

Y-n       1  ,n  •'  Journal,  pp.  18, 

[Read  and]  1-21.    Province 

Resolved  that  the  Province  Treasurer  be  and  hereby  is  directed  note.^'^''^^'"**' 
to  pay  to  M'  Phineas  Heywood  for  the  use  of  the  Town  of  Holden 
aforesaid  the  said  sum  of  eight  pounds."     ]_Passed  February  24. 

'  Inserted  from  the  House  Journal,  p.  193. 

^  Sic, 

'  The  final  action  on  this  petition  not  found  in  the  House  Journal. 


770 


Province  Laws  {Resolves,  etc.).  —  ITTo-Tl.  [Chaps.  121,  122.] 


CHAPTEK    121. 


RESOLVE   GRANTING  AN   EQUIVALENT    TOWNSHIP    TO    JOHN   GARDNER 
AND   OTHERS. 


Legislative 
Records  of  the 
Council,  XXX., 
199.    Mass. 
Archives, 
cxviii.,  758. 

Mass. 
Archives, 
cxviii.,  767. 
Maps  and 
Plans,  Mis., 
XV.,  6.    House 
Journal, 
pp.  160, 189, 190. 
Province 
Laws,  xii.,  306, 
chap.  104. 
Ante,  p.  43, 
chap.  82. 


In  th6  House  of  Eepresentatives 

On  the  Petition  of  John  Gardner  &  others  in  Behalf  of  themselves 
&  others  Proprietors  of  a  Township  of  of  '  the  Contents  of  six  miles 
square  granted  to  John  AVhitman  Esq''  and  others  called  Number 
Six  in  the  Line  of  Towns  between  Merrimack  &  Connecticutt- 
Kivers  Whereas  it  appears  that  the  Proprietors  of  said  Town- 

ship Expended  much  Labour  &  Money  in  making  Roads  &  other- 
ways  bringing  forward  the  Settlement  of  said  Township  and  that 
the  whole  of  the  said  Township  fell  within  the  Limits  of  New- 
Hampshire  on  the  runing  the  Line  between  this  Government  &  the 
said  Government  of  New-Hampshire  for  which  the  Grantees  have 
received  no  Consideration  from  this  Province  or  the  said  Province 
of  New-Hampshire  Therefore 

Resolved  that  in  Lieu  therof  there  be  granted  To  the  Proprietors 
&  legal  Eepresentatives  or  Assigns  of  the  Original  Grantees  who 
were  Sufferers  by  losing  their  Lands  A  Township  of  seven  miles 
square  in  the  unappropriated  Lands  belonging  to  this  Province  pro- 
vided the  Grantees  Settle  thirty  Families  on  said  Township  within 
Six  years  And  lay  out  one  Sixty  fourth  Part  for  the  Use  of  the 
ministry  one  Sixty  fourth  Part  for  the  first  Settled  minister  &  one 
Sixty  fourth  Part  for  the  grammar  School  And  one  Sixty  fourth  Part 
for  the  use  of  Harvard  Colledge  provided  also  that  said  Township 
be  laid  out  adjoining  to  some  former  Grant  in  that  Part  of  the  un- 
appropriated Lands  belonging  to  this  Province  lying  Eastward  of  Saco 
Eiver  and  Coll  Whitcomb  &  Cap'  Gardner  of  Cambrige  with  such  as 
the  Hon'"'  Board  may  Join  be  A  Comittee  to  determine  who  are  to  be 
admitted  as  Proprietors  in  said  Township  &  if  any  of  the  Grantees 
of  said  Township  Number  Six  shall  appear  To  have  been  hertofore 
compensated  that  said  Committee  shall  admit  other  SufEer[er]s  in 
their  Stead  the  Expence  of  the  Said  Committee  to  be  paid  by  the 
Grantees  provided  also  that  the  said  Proprietors  Return  a  Plan  taken 
by  a  Surveyor  and  Chainmen  under  Oath  into  the  Secretarys  office 
within  one  year  for  Confirmation 

In  Council  Eead  &  Concurred  &  Artemas  Ward  Esq'  is  joined. 
[Passed  Fehruary  24. 


CHAPTER    122, 


RESOLVE   CONFIRMING  A  GRANT   OF  600   ACRES   OF  EQUIVALENT  LAND 
TO   JOSIAH   WOLCOT   AND   OTHERS. 


Records'of'the  ^  Plan  of  six  hundred  acres  of  Land  lying  in  the  easterly  part 
Council,  XXX.,  of  the  County  of  Berkshire  laid  out  to  satisfy  a  Grant  made  by  the 

'^ General  Court  the  23'*  day  of  February  1765  to  Josiah  Wolcot  and 

Pian^g^'^Mfs.,  Edward  Hutchinson  and  the  other  legal  Eepresentatives  of  Thomas 
^'^rnai  ^°"^®  Clark  Esq',  was  presented  for  allowance ;  bounded  as  follows  viz' 
pp.  188,  i93, 194.  begining  at  a  large  hemlock  tree  the  northwesterly  corner  of  Tyring- 


[2d  Sess.]     Province  IjAvis  {liesolves,  etc.).  — 1773-74,  771 

ham  equivalent  Lands  and  from  thence  runing  West  18  d'  north  240  £™^^°^^yi( 
rods  to  a  heap  of  Stones,  and  then  turning  and  runing  South  13  d'  mi,  cilap.  257. 
West  400  rods  to  a  Beach  tree  marked  and  stones  laid  round  it  and 
from  thence  runing  East  18  d'  South  240  rods  to  a  Beach  tree  stand- 
ing on  the  West  line  of  said  equivalent  Lands  and  stones  laid  round 
it,  and  then  turning  and  runing  north  about  18  d*  East  400  rods  to 
the  first  mentioned  corner,  bounding  East  on  said  Equivalent  Lands. 

[Read  and] 

Resolved  that  the  Plan  to  which  this  Resolve  is  annexed,  of  six 
hundred  acres  of  Land  as  it  is  delineated  and  described,  be  accejated 
and  hereby  is  confirmed  unto  Josiah  Wolcot  and  Edward  Hutchin- 
son and  the  other  legal  Representatives  of  Thomas  Clark  Esq"'  their 
Heirs  and  assigns  forever  in  lieu  of  and  in  full  satisfaction  for  the 
loss  of  their  predecessors  Lands  by  the  settlement  of  the  line  with 
Connecticut  as  mentioned  in  said  Grantees  Petition  of  January  1765, 
provided  the  same  doth  not  exceed  the  quantity  of  six  hundred  acres 
nor  interfere  with  any  former  Grant.      \^Passed  February  24. 


CHAPTER    123. 

RESOLVE    IMPOWERING   DANIEL  FISK  TO   SELL  AN   ESTATE   AND    MAK- 
ING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Mercy  Drury  of  Spencer  Widow  of  William  Drury  Legislative 
late  of  said  Spencer  deceased    Setting  forth.  That  the  said  deceased  c^unclf,  xx'x .^ 

left  three  daughters,  one  by  a  former  Wife  and  the  other  two  by  the  20L 

Petitioner;  and  that  since  his  death  one  third  part  of  his  Real  Estate,  House  Jour- 
consisting  of  fifty  acres  of  Land  with  an  old  House  and  Barn,  was  province  ' 
set  off  to  her,  and  one  third  of  the  remainder  to  the  eldest  daughter  Jlfap^'i";'  ^^^' 
of  the  deceased     That  the  Fences  on  the  said  place  are  made  of 
Wood  and  greatly  out  of  repair  and  that  there  is  no  Timber  for 
fencing  and  very  little  Fire  Wood  thereon.  And  praying  that  she, 
or  some  other  person,  may  be  impowered  to  make  sale  of  that  part 
of  the  said  Farm  and  Buildings  which  was  set  off  to  her  and  her 
Children;  the  proceeds  whereof  to  be  applied,  three  sevenths  for 
the  use  of  the  Petitioner  during  life,  and  at  her  death  to  be  divided 
among  the  three  daughters  of  the  said  William,  and  the  remainder 
for  the  use  of  the  Petitioners  two  daughters. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  gi'anted  and  that  M'' 
Daniel  Fisk  be  and  hereby  is  fully  impowered  to  make  sale  of  the 
Estate  mentioned  in  the  Petition  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  deed  or  deeds  thereof  to  the  person 
or  persons  purchasing  the  same  he  observing  the  rules  of  the  Law 
for  the  sale  of  Real  Estates  by  Executors  &  adinin"  and  give  suffi- 
cient cautioii  to  the  Judge  of  Probate  for  the  County  of  Worcester 
that  the  proceeds  of  such  sale  be  applied  as  followeth  viz'  the  im- 
provement of  three  sevenths  thereof  to  the  Widow  of  the  said  Wil- 
liam Drury  deceased,  the  Petitioner,  during  her  natural  life  (being 
three  ninths  of  the  whole  Real  Estate  of  which  her  said  husband 
died  siezed,  one  of  tlie  daughters  of  the  said  William  having  had 
set  off  unto  her  her  full  share  of  what  of  said  Estate  pertains  to  her 
during  the  life  of  the  said  Widow)  the  other  four  sevenths  for  the 
use  of  the  two  younger  Children  of  the  said  William  deceased,  and 


772 


Province  Laws  {Jlesolves,  etc.).  — 1773-74.  [Chaps.  124,  125.] 


at  the  decease  of  the  said  Widow  the  three  sevenths  retained  for 
her  use  and  improvement  to  be  equally  divided  among  the  three 
Children  of  the  said  William  deceased.     [Passed  February  24. 


CHAPTER    124. 


Legislative 
Records  of  the 
Council,  XXX., 


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

A  Petition  of  Joseph  Coollidge  Guardian  of  Ephraim  Warren 
of  Watertown  a  person  noncompos     Setting  forth,  That  sometime 

''^ before  the  said  Ephraim  was  under  Guardianship  he  erected  a  build- 

nai"pp.'u"I^i92.  ing  for  ^  dwellinghouse  on  a  small  piece  of  Land  containing  about 
Pro'vince  '_  one  acre  which,  not  being  finished,  has  remained  useless  to  this 
chapao."' ^nic,  time,  is  greatly  decayed  and  in  a  few  years  will  be  ruined.  And 
p. i3,  chap.  37.  praying  that  he  may  be  impowered  to  make  sale  of  the  said  Land 
and  Building  for  the  benefit  of  the  said  noncompos. 
[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  he  is  hereby  impowered  to  sell  the  Estate  men- 
tioned in  the  Petition  for  the  most  the  same  will  fetch,  and  to  give 
a  good  Deed  thereof  in  Law  to  the  purchaser,  he  observing  the  rules 
of  the  Law  for  the  sale  of  Real  Estates  by  Executors  and  adminis- 
trators and  giving  caution  to  the  Judge  of  Probate  for  the  County 
of  Middlesex  that  the  money  arising  by  said  sale  shall  be  put  to 
interest  for  the  use  of  the  said  Ephraim  during  life,  and  the  re- 
mainder, after  his  death,  if  any  there  be  both  principal  and  interest 
be  divided  to  &  among  his  right  Heirs  agreable  to  Law.  [Passed 
February  25. 


CHAPTER    125. 


Legislative 
Records  of  the 
Council,  x.xx., 
205.        

House  Jour- 
nal, pp.  168,192. 
Province 
Laws,  11.,  151, 
chap.  10. 


RESOLVE  IMPOWERING  JOSEPH  MERIAM,  J",  GUARDIAN,  TO  SELL   REAL 
ESTATE  AND   MAKING  PROVISION  IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Joseph  Meriam  jun'  of  Graflon  in  the  County  of 
Worcester  Setting  forth.  That  Eleazer  Flagg  jun"  late  of  said  Graf- 
ton deceased  left  an  Estate  consisting  of  about  thirty  five  acres  of 
Land,  which  will  not  Rent  for  so  much  as  the  interest  of  the  money 
it  will  sell  for  would  amount  to.  And  praying  that  he  may  be  im- 
powered in  his  capacity  of  Guardian  to  the  two  only  Children  of 
the  deceased  to  make  sale  thereof  for  their  benefit  and  also  the  ben- 
efit of  the  Widow  of  the  said  deceased. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  tlie  Real 
Estate  in  the  Petition  mentioned  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  and  sufticient  Deed  or  Deeds  thereof 
to  the  purchaser  or  purcliasers  he  observing  the  rules  of  the  Law 
for  the  sale  of  Real  Estates  by  Executors  &  admin"  and  give '  suffi- 
cient caution  to  the  Judge  of  Probate  for  the  County  of  Worces- 
ter that  the  proceeds  be  applied  as  foUoweth  viz'  one  third  to  be 

'  House  Journal,  p.  192,  reads:  "giving." 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74. 

put  to  interest  and  the  interest  tliereof  be  allowed  and  annually 
paid  to  the  Widow  of  Eleazer  Flagg  Juu"'  deceased  as  her  dower  iu 
his  said  Estate,  and  also  that  the  other  two  thirds  with  the  interest 
thereon  be  accounted  for  and  paid  by  the  Petitioner  to  the  Children 
of  the  said  Flagg  as  they  respectively  arrive  to  lawful  age  in  propor- 
tion as  they  would  have  inherited  said  Real  Estate  in  case  the  same 
had  not  been  sold.  And  further  that  the  one  third  on  which  arises 
tlie  Widows  dower  be  divided  after  her  decease  iu  the  same  manner. 
\^Passed  February  25. 


CHAPTER    126. 

RESOLVE  IMPOWERING  ELIJAH  REMINGTON  &  WIFE,  ADM^  TO  SELL 
REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petition  of  Elijah  Remington  and  Esther  his  Wife  late  W^idow  Legislative 
of  Elisha  Gun  of  Montague  in  the  County  of  Hampshire  deceased  cSuScff,  xVx.'; 
and  admin"  of  his  Estate     Setting  forth,  That  the  Real  Estate  of  '^os- 
the  said  deceased  consists  of  one  certain  tract  of  Land  in  said  Mon-  House  Jour, 
tague  containing  by  estimation  fifty  acres,  with  an  old  dwelling-  i5).' ''province 
house  and  Barn  on  the  same,  and  the  said  Elisha  left  one  only  sur-  Jlfap^';'  ^^'' 
viving  Child,  Heir  to  said  Estate.  And,  as  it  is  necessary  that  part 
of  said  Estate  should  be  sold  for  the  payment  of  debts  and  it  will 
be  of  advantage  to  the  Child  if  the  whole  should  be  sold.  Praying 
that  they  may  be  impowered  to  make  sale  of  the  whole  thereof 
accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioners  be  and  hereby  are  impowered  to  make  sale  of  the  Real 
Estate  mentioned  in  the  Petition  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  deed  or  deeds  thereof  to  the  pur- 
chaser or  purchasers,  they  observing  the  rules  of  the  Law  respect- 
ing the  sale  of  Real  Estates  by  Executors  &  administrators  and 
giving  security  to  the  Judge  of  Probate  for  the  County  of  Hamp- 
shire that  the  money  arising  by  such  sale  be  applied  for  the  pay- 
ment of  the  debts  due  from  the  said  deceaseds  Estate  agreable  to 
the  prayer  of  the  Petition,  and  the  overplus  be  applied  to  use  of 
the  said  Esther  and  the  only  Child  of  Elisha  Gunn  deceased  in  the 
same  proportion  as  they  would  have  held  the  Real  Estate  in  case  it 
had  not  been  sold.     [Passed  February  25. 


CHAPTER    127. 

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

A  Petition  of  Thomas  Mellen  administrator  of  the  Estate  of  Legislative 
Phinehas  Gibbs  late  of  Hopkinton  deceased  intestate    Setting  forth,  councu,  xxx.^ 

That  the  said  deceased  left  a  Widow  and  four  small  Children  to  ?!!!L 

whom  he  left  a  small  Farm  consisting  of  about  fifty  acres  of  Land  ^^""^^/uris'j 
with  an  old  House  and  Barn  thereon  That  the  said  Buildings,  and  192,' 193.'  p'rov! 
the  Fences  on  the  premises,  are  now  greatly  decayed  and  need  very  cha^iad!''  '^'* 
considerable  repairs     That  there  is  debt  due  on  the  said  Farm  of 


774 


Peovince  'L&.yfS,  {Resolves,  etc.). — 1773-74.  [Chaps.  128,  129.] 


£46.13.4  which  is  payable  on  the  decease  of  an  aged  Woman,  which 
may  be  daily  expected  That  it  is  apprehended  it  will  be  greatly 
for  the  interest  of  the  said  Widow  and  Children  that  the  said  Real 
Estate  should  be  sold  and  the  money  arising  by  the  sale  put  out  to 
Interest  for  their  benefit.  And  praying  that  he  may  be  impowered 
to  sell  the  same  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  Estate 
mentioned  in  the  Petition  for  the  most  the  same  will  fetch  and  to 
make  and  execute  a  good  Deed  or  Deeds  thereof  to  the  purchaser 
or  purchasers,  he  observing  the  rules  of  the  Law  for  the  sale  of 
Real  Estates  by  Executors  and  administrators  and  giving  security 
to  the  Judge  of  Probate  for  the  County  of  Middlesex  that-the  pro- 
ceeds of  such  sale  be  put  to  interest  for  the  following  purposes  viz' 
one  third  of  the  interest  thereof  to  be  applied  for  the  use  of  the 
Widow  of  the  said  Phinehas  Gibbs  deceased  during  her  natural  life 
in  lieu  of  her  dower  in  the  Estate  of  which  he  died  siezed,  and  that 
the  sum  of  £46.13.4  mentioned  in  the  Petition  be  paid  when  it  shall 
become  due,  and  the  remainder  with  the  interest  that  shall  arise 
from  the  said  46.13.4  while  in  the  hands  of  the  Petitioner  be  paid 
to  the  Children  of  the  said  Gibbs  as  they  respectively  arrive  to  law- 
ful age,  in  the  same  proportion  as  they  would  have  inherited  in  case 
said  Real  Estate  had  not  been  sold,  as  also  upon  the  decease  of  the 
said  Widow  the  third  which  is  reserved  for  her  use  as  aforesaid. 
\_Passed  Feimary  25. 


Legislative 
Records  of  the 
Council,  XXX., 
207.    Mass. 
Archives, 
Ixxxvii.,  lis. 


Archives, 
Ixxxvii.,  117. 
House  Jour- 
nal, pp.  133,203. 


CHAP  TEE    128. 

KESOLVE  ALLOWING   £20   TO  MARY  BUTLER. 

A  Petition  of  Mary  Butler  of  Boston  Widow  Setting  forth, 
That  in  the  year  1761  she  was  possessed  of  a  Province  note  for 
twenty  pounds  but,  in  removing  her  Effects,  when  her  House  was 
on  fire,  she  lost  three  quarter  parts  of  the  said  note  and  has  never 
found  the  same.  And  praying  that  she  may  have  some  allowance 
for  the  said  note  on  her  delivering  the  remaining  quarter  part  of 
the  said  note  to  the  Province  Treasurer. 

Read  and 

Resolvd  that  the  Sum  of  Twenty  Pounds  be  allowd  &  paid  out 
of  the  publick  Treasury  to  the  Petitioner  Mary  Butler  in  Lieu  of 
the  Note  three  Quarters  of  which  she  has  lost  provided  she  Leave 
with  the  Treasurer  the  remaining  Quarter  of  said  Note.  \^Passed 
February  25. 


CHAPTER    129. 


RESOLVE    IMPOWERING    ELIZ*    HILL    AND    OTHERS,   INDIANS,   TO    SELL 
LAND  AND  MAKING  PROVISION   IN   REGARD   TO   THE   PROCEEDS. 


Kelordfof  the  ^  PETITION  of  Elizabeth  Hill  of  Brooklyn  and  Hannah  Hill  of 
Council,  XXX.,  Cambridge  Setting  forth,  That  they  are  intitled,  by  the  demise  of 
''^ their  Father,  to  about  forty  acres  of  uncultivated  Land  lying  in 


[20  Sess.]     Province  Laws  (liesolves,  etc.).  — 1773-74.  775 

Natick,  which  they  receive  no  benefit  from  That  they  are  in  debt  House  Jour- 
for  their  Fatliers  last  sickness  and  for  their  own  sickness.  And  pray-  Ante,  p.  572, 
ing  that  they  may  be  impowered,  with  the  assistance  of  the  Guar-  '''"'P'  '*' 
diaus  of  the  Natick  Indians,  to  make  sale  of  the  said  Land  to  enable 
them  to  discharge  the  said  Debts  and  for  their  future  support. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioners  be  and  they  hereby  are  impowered,  under  the  direction 
of  their  Guardians,  to  make  sale  of  the  Real  Estate  mentioned  in 
the  Petition  for  the  most  the  same  will  fetch,  and  that  their  Guar- 
dians apply  the  proceeds  of  such  sale  for  the  payment  of  the  debts 
due  from  the  Petitioners  Father  at  his  decease  and  such  debts  of 
the  Petitioners  as  appears  just  to  the  Guardians  aforesaid  who  are 
to  take  the  overplus  arising  by  the  sale,  if  any,  and  put  to  interest 
for  the  benefit  of  the  Petitioners  and  render  an  account  thereof  to  • 
this  Court.      [Passed  Febmary  25. 


CHAPTEK    130. 

RESOLVE    IMPOWERING    SAMUEL    SMEAD    AND    WIFE    TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION   IN   REGARD  TO  THE   PROCEEDS. 

A  Petition  of  Samuel  Smead  and  Mindwell  his  Wife,  of  Simeon  Legisiauve 
King  and  Mindwell  King  all  of  Montague     Praying  that  the  said  JXrff,  xx" 
Samuel  and  Mindwell  Smead  may  be  impowered  to  make  sale  of  ^os. 


that  part  of  the  Real  Estate  of  Simeon  King,  late  Husband  of  the  House  .Jour- 
said  Mindwell,  which  was  set  off  to  her  as  her  dower  in  his  Estate  ?9o,'m'.  ^prov- 
aud  also  the  part  set  ofE  to  Eunice  King  a  minor  one  of  the  three  Sf" ^'''■"^„''' 

/-<i-in  /■!  -lo.  -I  •  I.  IT   151,  Chap.  10. 

Children  of  the  said  Simeon;  the  said  jiarts  consist  partly  of  an  old 
dwelliughouse;  for  which  a  purchaser  now  appears. 

[Read  and] 

Resolved  that  the  jjrayer  of  the  Petition  be  granted,  and  that 
Samuel  Smead  and  Mindwell  Smead  be  and  they  are  hereby  impow- 
ered to  make  sale  of  such  parts  of  a  House  an^l  Land  as  are  in  the 
division  of  the  Real  Estate  of  which  Simeon  King  died  siezed, 
divided  and  set  off  unto  the  said  Mindwell  his  Widow  and  his 
daughter  Eunice  King  for  the  most  the  same  will  fetch,  and  make 
and  execute  a  good  deed  or  deeds  thereof  to  the  purchaser  or  pur- 
chasers, they  observing  the  rules  of  the  Law  for  the  sale  of  Real 
Estates  by  Executors  &  administrators  and  giving  caution  to  the 
Judge  of  Probate  for  the  County  of  Hampshire  that  the  money 
arising  by  the  sale  of  the  said  Eunice's  part  in  said  Estate  be  put 
to  interest  and  paid  her  at  lawful  age  or  marriage  which  shall  first 
happen,  and  that  the  money  arising  by  the  sale  of  the  part  set  off 
and  divided  to  the  said  Mindwell  as  her  dower  in  her  late  husbands 
Estate,  at  her  decease  shall  be  paid  to  the  Heirs  of  the  said  Simeon 
King  deceased  in  the  same  proportion  as  they  would  have  inherited 
the  same  Real  Estate  in  case  the  same  had  not  been  sold.  [Passed 
February  25. 


776 


Pkovince  LiAws  {Iiesolves,etc.) .  — 1773-74.  [Chaps.  131,  132.] 


CHAPTEE    131. 


RESOLVE  ALLOWING   £10.  10  TO   ABIGAIL  CUDWORTH. 


Legislative 
Records  of  the 
Council,  XXX., 
209. 

Eoase  Joor- 
nal,  p.  201. 


A  Petition  of  Abigail  Cudworth  of  Freetown  Praying  an 
allowance  for  Boarding  and  taking  the  care  of  one  Marcy  Hope  a 
poor  Indian  taken  sick  at  her  House  where  she  continued  thirty  five 
Weeks ;  and  soon  afterwards  died. 

[Read  and] 

Resolved  that  there  be  granted  and  paid  out  of  the  public  Treas- 
ury of  this  Province  to  Thomas  Gilbert  Esq'  for  the  use  of  the 
within  named  Abigail  Cudworth  the  sum  of  ten  pounds,  ten  shil- 
lings in  full  for  the  expences  of  nursing  &c  of  the  within  named 
Marcy  Hope.     [Passed  February  '26. 


CHAPTER    132, 


Legislative 
Records  of  the 
Council,  XXX., 

■m. 

House  Jour- 
nal, pp.  191, 206. 


RESOLVE   TOUCHING  THE   ADMINISTRATION   OF  AN   ESTATE    IN    FAVOR 
OF  THE   WIFE   DURING  THE  ABSENCE   OF   HER  HUSBAND. 

On  THE  Petition  of  Dorothy  Aldrich,  praying  that  she  may  be 
enabled  to  receive  some  personal  Estate  derived  to  her  by  the  de- 
cease of  her  Father  and  Brother  and  give  discharges  for  the  same 
and  to  convey  by  Deed  or  give  consent  to  the  distribution  of  her 
part  in  her  Fathers  Real  Estate  in  her  husbands  absence. 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  as  that 
the  Petitioner  be  and  she  accordingly  is  hereby  fully  impowered  to 
receive  of  the  administrator  on  her  Fathers  Estate  and  the  Executor 
of  her  deceased  Brothers  Will  such  parts  and  parcels  of  such  per- 
sonal Estate  derived  to  her  as  are  in  her  Petition  mentioned  as  the 
Selectmen  of  the  Town,  or  major  part  of  them  for  the  time  being 
where  she  shall  dwell  (during  her  Husbands  absence)  shall  deter- 
mine she  shall  need  for  her  support  and  the  support  of  her  Chil- 
dren, which  shall  be  certified  under  the  hands  of  such  Selectmen 
for  which  the  said  Dorothy  may  give  a  good  and  sufficient  discharge 
in  Law,  and  the  said  Dorothy  is  hereby  further  impowered  to  give 
her  consent  to  the  distribution  of  her  Fathers  Real  Estate  which 
shall  be  made  by  the  Judge  of  Probate  which  shall  be  as  valid  as 
if  her  husband  was  acting  with  her  jointly  and  she  shall  in  the 
absence  of  her  said  Husband  receive  the  incomes  and  profits  arising 
from  her  part  of  said  Real  Estate  from  time  to  time  in  the  same 
manner  as  she  shall  receive  her  part  of  the  personal  Estate  afore- 
said, and  such  Selectmen  shall  be  enabled  to  Lease  said  Real  Estate 
from  year  to  year  for  her  benefit  during  her  said  husbands  absence. 
[Passed  February  28. 


[2d  Sess.]     Province  Laws  (i2eso?t)es,  ete.).  — 1773-74.  777 


CHAPTEE    133. 

KESOLVE    ALLOWING    PROVINCE    TOWN    £io    ANNUALLY    FOR    TWELVE 
YEARS   TO   PAY   FOR  PREACHING. 

Resolved  That  Their  be  allowed  and  paid  out  of  The  Puplick  ^f^?'|g"Jfti,g 
Treasury  into  The  Hands  of  The  Select  men  of  The  Town  of  prov-  council,  xxx., 
iuce  Town  for  the  Time  Being  The  Sum  of  fourty  five  pounds  An-  ATOhWesTiiv., 

nually  for  twlve  Years  next  after  The  first  day  of  may  1773  To  y^  115^ 

Use  of  The  Inhabitants  of  Said  Town  To  Enable  Them  To  Dis-  ^f^^^dsof  ti. 

charge  such  Debts  as  have  arrisen  For  The  Preaching  of  The  gospel  councif,  xxx'.? 

among  Them  And  further  To  Enable  Them  To  pay  the  Protestant  jo'urnai"pp.  49. 

minister  which  is  allready  Settled  In  said  Town  Provided  allways  '^"e- 

that  they  Continue  him  or  some  other  person  Duly  Officiating  in 

that  Character  among  Them  Dureing  Said  Term:  The  Same  To  be 

applied  To  That  use  only:  and  further  that  all  Such  Sum  or  sums 

Which  Said  Town  have  Received  out  of  the  Publick  Treasury  To 

hire  Preaching  In  Said  Town  witliin  The  Time  Included  in  This 

Grant:  Be  first  Deducted  out  of  Such  Sum  as  by  This  Resolve  They 

might  have  Been  Intituled  to  Receive.     \^Passed  February  28. 


CHAPTER    134. 

ORDER  DIRECTING  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY  OF 
BRISTOL  TO  CONSIDER  THE  ESTATES  OF  GEORGE  AND  ELIZABETH 
PITTS  AS   ONE. 

A  Petition  of  the  several  Heirs  of  the  Real  Estate  of  George  LeRisiative 
Pitts  and  Elizabeth  Pitts  his  Wife,  late  of  Dighton  in  the  County  g^™^c1?,xxx'.'; 
of  Bristol  deceased  Setting  forth,  That  the  said  George  died  Intes-  is?,  iso.' 
tate  siezed  of  a  Real  Estate  in  fee  in  this  Province,  and  that  soon  House  Jour- 
after  his  death  the  said  Elizabeth  died  siezed  of  a  Real  Estate  in  ibi.'fel.'m.'i-a!! 
the  same  circumstances,  and  that  the  Heirs  to  each  Estate  are  the 
same  persons,  being  the  Children  of  the  said  George  and  Elizabeth. 
And,  as  the  division  of  the  said  Estates,  if  made  separately,  will  be 
attended  with  great  inconvenience  and  expence,  Praying  that  the 
Judge  of  Probate  for  the  said  County  may  be  impowered,  in  the 
distribution  thereof,  to  consider  them  as  one  Estate. 

Read  and 

Ordered  that  the  Judge  of  Probate  for  the  County  of  Bristol  in 
making  settlement  a.nd  distribution  of  the  Real  Estates  of  the  said 
George  Pitts  and  Elizabeth  Pitts,  do  consider  them  as  one  Estate  and 
make  settlement  and  distribution  accordingly.      [Passed  March  1. 


CHAPTEE    135. 

ORDER  CONFIRMING  THE   PROCEEDINGS   OF  THE  PEMAQUID   COMPANY 
AT    THEIR   SEVERAL   MEETINGS. 

A  Petition  of  Seth  Sweetser  and  otliers  proprietors  of  a  certain  Legislative 
Tract  of  Land  situate  near  a  place  called  Pemaquid  in  the  County  counc'if,  xx^x! 
of  Lincoln  which  was,  in  the  year  1631,  granted  by  the  Council  of  5io;xxx.,2i4. ' 


778 


Province  Laws  {Resolves, etc.).  — 1773-74.     [Chap.  136.] 


MasB 

Archives; 

I'.xviil 


657, 


Mass. 
Archives, 
cxviii.,  655. 
Legislative 
Records  of  the 
Council,  XXX., 
53,  167,  192. 
House  Jour- 
nal, pp.  64, 145, 


2U. 


Plymouth  in  England  to  Robert  Aldsword  and  Giles  Elbridge  Set- 
ting forth  That  they  have  been  at  great  pains  and  expences  in 
making  Surveys,  plans  and  divisions  of  the  said  Tract  of  Land  and  in 
bringing  forward  settlements  and  making  imjirovements  there  and 
in  many  other  ways  in  managing  the  affairs  of  the  said  propriety  for 
a  course  of  thirty  years  past  That  in  the  course  of  these  transac- 
tions they  have  frequently  voted  to  raise  monies  for  necessary  pur- 
poses relating  to  said  propriety  and  have  ordered  such  sums  to  be 
laid  and  apportioned  on  the  several  proprietors  according  to  their 
interest  in  the  Land;  but  in  some  instances  through  error  they 
have  not,  as  they  are  now  advised,  conformed  strictly  to  Law,  the' 
they  have  in  all  respects  conformed  to  the  principles  of  equity  and 
good  conscience  That  some  of  said  proprietors  have  not  paid  their 
respective  quotas  and  proi^ortions  of  the  expences  and  intended  as- 
sessments aforesaid  but  are  considerably  in  arrear  but  on  account 
of  the  irregularities  afores*  they  are  informed  that  they  cannot  pro- 
ceed to  collect  and  levy  said  quotas  or  to  make  sale  of  the  Lands  of 
said  delinquent  proprietors  for  the  payment  thereof  without  great 
hazard  of  Law  suits  and  perplexities  both  to  the  Petitioners  and 
the  said  delinquent  proprietors.  And  praying  that  the  past  pro- 
ceedings of  the  said  proprietors  may  be  confirmed  and  that  they 
may  be  impowered  to  proceed  to  collect  an^  levy  the  said  sums  that 
are  still  in  arrear,  by  sale  of  the  delinquent  proprietors  Lands,  or 
otherwise  according  to  Law ;  any  want  of  conformity  to  the  strict 
regulation  of  the  Law  relating  to  the  Votes,  assessments,  proceedings 
of  proprietors  of  common  and  undivided  Lands  notwithstanding. 

The  Committee  of  both  Houses  on  the  Petition  of  Seth  Sweetser 
and  others  belonging  to  the  Company  or  propriety  owning  Lands 
by  the  name  of  Pemaquid  Lands  and  the  answer  of  Thomas  Drowue 
agent  for  several  of  the  proprietors,  in  answer  thereto,  have  attended 
the  service,  and  the  said  agent  having  been  fully  satisfied  by  the 
Petitioners  and  having  declared  that  he  has  now  no  remaining  ob- 
jections, the  Committee  report  that  the  prayer  of  said  Petition  be 
granted,  and  that  the  proceedings  of  the  said  Company  or  Pro- 
priety relative  to  and  at  their  several  meetings  be  ratified  and  con- 
firmed and  declared  to  be  valid  to  all  intents  and  purposes  in  the 
Law;  any  informality  in  their  proceedings  relative  to  or  at  said 
meetings  notwithstanding. 

Which  is  submitted  James  Pitts  <g>  Order 

Read  &  accepted,  & 

Ordered  that  the  Prayer  of  the  Pet°  be  granted,  &  that  the  Pro- 
ceedings of  the  Pemaquid  Company  so  called  relative  to  &  at  their 
several  Meetings,  be  &  hereby  are  ratified  &  confirmed,  to  all  Intents 
&  purposes  in  the  Law;  any  Informality  in  their  Proceedings  rela- 
tive to,  or  at  said  Meetings  notwithstanding.      [Passed  March  1. 


CHAPTEK    136. 


ORDER  OF  NOTICE  WITH  STAY  OF  EXECUTION  ON  THE  PETITION  OF 
MARTHA  COTTON,  EXECUTRIX,  IN  REGARD  TO  THE  REHEARING  OF 
AN    ACTION. 


Legislative 
Records  o£  the 
Council,  XXX., 


A  Petition  of  Martha  Cotton  of  Falmouth  in  the  County  of 
Cumberland  Executrix  of  the  last  Will  and  Testament  of  William 
Cotton  late  of  said  Falmouth  Tanner  deceased    Setting  forth.  That 


[2d  Sess.]     Province  Laws  (i?e.sofoes,  e<c.).  —  1773-74.  779 

at  an  Inferior  Court  of  Common  jileas  lield  at  Falmouth  in  and  for  House  Jour- 
the  said  County  on  the  third  Tuesday  of  March  ITTS  she  recovered  "a'.Pi'- 128.210. 
Judgment  against  Elisha  Baker  of  Brunswick  in  said  County  for 
£3.8.9  damage  and  £3.6.8  costs  of  Suit;  from  which  Judgment  the 
defendant  appealed  to  the  then  next  Superior  Court  for  the  said 
County  That  the  Petitioner  impowered  M'  Samuel  Freeman,  whom 
she  had  before  employed  to  settle  her  said  Husbands  Estate,  to  ap- 
pear and  answer  for  her  at  said  Court  and  he  ajjpeared  accordingly, 
having  previously  applied  to  several  Gentlemen  of  the  Bar,  but  they 
all  refused  their  assistance,  except  one  who  took  a  fee  and  promised 
to  conduct  in  the  said  cause  but  when  the  action  was  called  returned 
the  fee  in  the  face  of  the  Court  and  refused  to  speak  to  it  That 
thereupon  the  said  Freeman  beg'd  permission  of  the  Court  to  speak 
to  the  cause,  but  they  refused  him  that  privilege  and  ordered  the 
Petitioner  to  be  defaulted,  which  was  done  accordingly.  And  pray- 
ing that  she  may  be  impowered  to  bring  on  the  said  Cause  at  the 
next  Superior  Court  to  be  held  for  the  said  County,  for  Trial ;  the 
said  default  notwithstanding,  and  that  Execution  for  Costs  against 
her  may  be  staid. 

[Read  and] 

Ordered  that  the  Petitioner  serve  the  adverse  party  with  an  attested 
Copy  of  said  Petition  and  this  Order  thereon  fourteen  days  before 
the  next  sitting  of  the  General  Court  that  he  may  shew  cause,  if  any 
'he  hath,  on  the  second  Tuesday  of  the  next  sitting  of  said  Court  why 
the  prayer  thereof  should  not  be  granted,  and  Execution  is  hereby 
ordered  to  be  staid  accordingly.     [Passed  March  1. 


CHAPTER    137. 

RESOLVE   ALLOWING   £4  TO   SUBMIT   AWAMSAMAUT,  INDIAN. 

A  Petition  of  Submit  Awonsamug  an  Indian  Woman     Setting  Legislative 
forth,  That  she  is  now,  and  has  been  for  these  eighteen  months  couucif  xx'x.* 
past,  in  a  languishing  state  of  health     That  she  is  in  debt  to  sev-  aie. 
eral  Physicians  and  other  persons  and  unable  to  pay  the  same.  And  Mass. 
praying  that  the  same  may  be  paid  out  of  the  public  Treasury,  and  xxxii^f.597- 
that  provision  may  be  made  for  her  support  during  her  sickness.       jo^urim?"^* 

[Read  and]  pp.  les, 201, 203. 

Resolved  that  the  sum  of  four  pounds  be  allowed  out  of  the  public 
Treasury  for  the  use  of  the  Petitioner  and  put  into  the  hands  of 
Joseph  Twitchel  to  be  by  him  improved  for  paying  the  nursing  and 
Boarding  mentioned  in  said  Petition  and  for  the  further  sujDport  of 
the  Petitioner  and  that  no  part  thereof  be  improved  to  pay  the  Doctors 
Bills,  inasmuch  as  they  are  not  attested  and  no  quantities  mentioned 
in  said  Bills,  therefore  impossible  to  determine  that  the  charges  are 
reasonable,  and  that  the  further  consideration  of  this  Petition  be 
referred  to  the  next  Session  of  the  General  Court.     [Passed  March  1. 


780 


Province  Laws  {Resolves,  etc.).  — 1773-74.  [Chaps.  138-140.1 


CHAPTEK    138. 


RESOLVE  IMPOWERING  PRISCILLA  WILDER  TO  GIVE  LEGAL  DISCHARGE 
FOR   AN   INHERITANCE   IN   THE   ABSENCE    OF   HER   HUSBAND. 


Legislative 
Records  of  the 
Council,  XXX., 
■216. 

House  Jour 
nal,pp.l06,i!10. 


On  THE  Petition  of  Priscilla  Wilder  praying  that  she  may  be 
enabled  to  receive  of  her  Brother  Joseph  Clark  lier  portion  in  her 
Fathers  Estate  ordered  to  her  by  the  Decree  of  the  Judge  of  Pro- 
bate and  to  give  him  a  sufficient  discharge  for  the  same  in  her  Hus- 
bands absence.  ' 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  as  that 
the  said  Priscilla  may  and  she  accordingly  is  hereby  impowered  to 
receive  of  her  Brother  Joseph  Clark  so  much  of  said  portion  as  the 
Selectmen  of  the  Town  for  the  time  being  where  she  shall  dwell  or 
the  major  part  of  them  shall  determine  she  shall  stand  in  need  of 
for  her  and  her  Childrens  support  from  time  to  time,  which  Select- 
men shall  certify  the  same  under  their  hands,  whereupon  her  said 
Brother  may  pay  so  much  and  for  which  she  may  give  a  discharge 
of  so  much  towards  her  said  portion  which  shall  be  valid  in  Law 
towards  the  discharging  her  said  Brother  for  the  sum  so  paid  as  if 
her  Husband  was  jointly  acting  with  her  in  the  same  thing.  \^Passe(l 
March  1. 


CHAPTEE    139 


Legislative 
Records  of  tbe 
Council,  XXX., 
217. 

Mass. 
Archives, 
xxxiii.,  600. 
House  Jour- 
nal, pp.  188,219, 
220. 


RESOLVE   ALLOWING    £51.  8.  3^   TO   THE   TOWN   OF   HINGHAM. 

A  Petition  of  the  Selectmen  of  the  Town  of  Hingham  Praying 
the  reimbursment  of  the  expence  of  the  said  Town  in  supporting 
one  Patience  a  poor  Indian  Squaw  who  was  taken  sick  and  Lame 
there,  in  the  year  1768  and  so  continues,  notwithstanding  every 
possible  means  hath  been  used  for  her  cure. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted  and  that  the 
sum  of  fifty  one  pounds,  eight  shillings  and  three  pence  half  penny 
lawful  money  be  allowed  and  paid  out  of  the  public  Treasury  to 
Benjamin  Lincoln  Esq'  for  the  use  of  the  Town  of  Hingham  in  full 
for  the  support  of  Patience  a  poor  Indian  Squaw  and  the  Doctors 
Bill  from  the  year  1768  to  this  time.     \^Passed  March  1. 


Legislative 
Records  of  the 
Council,  xxx.. 


House  Jour, 
nal,  p.  217. 


CHAPTEK    140. 

RESOLVE  ALLOWING  £250  TO  HON'''^^  EDM"  TROWBRIDGE,  ESQ". 

Resolved  that  there  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  the  Honourable  Edmund  Trowbridge  Esq'  one  of  the  Justices 
of  of  '  the  Superior  Court  of  Judicature  &c  the  sum  of  Two  hundred 
and  fifty  pounds  for  his  Services  for  one  year  Ending  the  first  of 
January  last.     \^Passed  March  1. 


[2d  Sess.]     Province  Laws  (Resolves,  etc.).  —  1773-74.  781 


CHAPTEE    141. 

RESOLVE  ALLOWING   £250   TO   HON""  F.   HUTCHINSON,  ESQ^.  Legislative 

Records  of  tlie 
Council,  XXX., 

Resolved  that  there  be  allowed  and  paid  out  of  the  Public  Treas-  ^rchi^ves?' 
ury  to  the  honourable  Foster  Hutchinson  Esq''  one  of  the  Justices  xUv.,  771.' 
of  the  Sujjerior  Court  of  Judicature  &c  the  sum  of  Two  hundred  House  Jour- 
and  fifty  pounds  for  his  services  one  year  ending  the  first  [of]  '  Jan-  "'"•  p-^"- 
uary  last.     [Passed  March  1. 


CHAPTER    142. 

RESOLVE   ALLOWING   £250   TO  HON"'-'=  NATH^  ROPES,  ESQ=.  Legislative 

Records  of  the 
Council,  XXX., 

Resolved  that  there  be  allowed  and  paid  out  of  the  Public  Treas-  '^^p^j^^^f  • 
ury  to  The  honourable  Nathaniel  Ropes  Esq'  one  of  the  Justices  of  xiiv.,  770.' 
the  Superior  Court  of  Judicature  &c  the  sum  of  Two  hundred  and  House  Jour- 
fifty  pounds  for  his  services  one  year  Ending  the  first  of  Jan''  last.  '"''•  p-  ^i^- 
[^Passed  March  1. 


CHAPTER    143. 

RESOLVE   ALLOWING   £250  TO  THE  HON"'-"=  W"   CUSHING,  ESQ".  Legislative 

Records  of  the 
Council,  XXX., 

Resolved  that  there  be  allowed  &  paid  out  of  the  Public  Treas-  'H'^^f^^l^- 
ury'to  the  Honourable  William  Cushing  Esq'  one  of  the  Justices  of  xiiv.,  wi. 
the  Superior  Court  of  Judicature  &c  the  sum  of  Two  hundred  and  House  Jour- 
fifty  pounds  for  his  services  one  year  Ending  the  first  of  Jan^  last.  °»''  p-  2"- 
\^Passed  March  1. 


CHAPTER    144. 

RESOLVE  ALLOWING   £140  TO   THE  SECRETARY.  Legislative 

Records  of  the 
Council,  XXX., 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  218.  Mass. 
the  Publick  Treasury  to  the  Hon*"'"  Thomas  Flucker  Esq'  Secretary  511?  '^'"''   ' 
of  this  Province,  the  sum  of  One  hundred  and  Forty  pounds,  for  House  Jour- 
his  Services,  ordinary  and  extraordinary,  for  one  year,  ending  the  °''i>  v-  218. 
Eleventh  day  of  March  Instant.      \^Passed  March  1. 

'  Inserted  from  Legislative  Records  of  the  Council,  xxx.,  218. 


782 


Province  Ijaws  {Resolves,  etc.).  — 1773-74.  [Chaps.  145-148.] 


Legislative 
Records  of  the 
Council,  XXX., 


nal,  p.  217 


CHAPTER    145. 

RESOLVE   ALLOWING   £267   TO   THE   PROVINCE  TREASURER. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  ont  of  the 
Public  Treasury  to  the  Hon'"'''  Harrison  Gray  Esq'  Treasurer  and 
Keceiver  General  of  his  Majestys  Eevenues  of  this  Province  the 
sum  of  Two  hundred  and  sixty  seven  pounds  for  one  years  Serv- 
ice ending  the  Twenty  third  ^Day  of  December  last.  "~ 
JIarch  1. 


CHAPTER    146, 


Legislative 
Records  of  the 
Council,  XXX., 


House  Jour- 
nal, p.  217. 


RESOLVE   ALLOWING    £150  TO   THE    COMMISSARY   GENERAL. 

Resolved  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
Public  Treasury  to  the  Hon.  Thomas  Gushing  Esq"^  Commissary  Gen- 
eral the  sum  of  One  hundred  and  fifty  pounds  in  full  for  his  serv- 
ices for  one  year,  ending  the  fifth  of  June  next.     \^Passed  March  1. 


CHAPTER    147. 


Legislative 
Records  of  the 
Council,  XXX., 
219.    Mass. 
Archives,  1., 
■■ilO. 

House  Jour- 
nal, p.  21S. 


RESOLVE   ALLOWING  4/  PER  DIEM   TO   THE   SPEAKER. 

In  the  House  of  Representatives 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the 
Public  Treasury  to  the  Hon''''^  Thomas  Gushing  Esq'  the  sum  of 
Four  Shillings  f»  diem  for  every  day  of  his  Attendance  in  the  Gen- 
eral Court  from  the  opening  of  the  Session  on  the  Twenty  Sixth 
Day  of  May  last  over  and  above  his  Pay  as  member  of  this  House 

In  Council  Read  &  Concurred.      \^Passed  March  1. 


CHAPTER    148, 


Legislative 
Records  of  the 
Council,  XXX., 
219.    Mass. 
Archives,  xiv., 
717. 

House  Jour- 
nal, p.  218. 


RESOLVE   ALLOWING   £12   TO   THE    CHAPLAIN. 

Resolved^  That  there  be  granted  and  allowed  to  be  paid  out  of 
the  Publick  Treasury  to  the  Rev"*  M' John  Hunt,  the  sum  of  Twelve 
pounds,  for  his  Services  as  Chaplain  to  the  two  Houses  of  the  Gen- 
eral Assembly.     \^Passed  March  1. 


[2d  Sess.]     Pkovince  Laws  (^Resolves,  etc.).  — 1773-74.  783 


CHAPTEE    149. 

RESOLVE   ALLOWING   £120   TO   THE   MESSENGER. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  the  Legislative 
public  Treasury  to  M'  William  Baker  messenger  of  the  General  assem-  Jouu^Jf  xx'x." 
bly  the  sum  of  one  hundred  and  twenty  pounds  for  his  services  to  his  '^ij*- 
Excellency  the  Governor,  the  Council  and  House  of  Representatives  Houae  Jour- 
for  one  year  to  be  paid  quarterly.      [^Passed  March  1.  ""  '  ''■  '■'^^' 


CHAPTER    150. 

RESOLVE   ALLOWING    £100   TO  THE   CLERK. 


In  the  House  of  Eepresentatives  LegiBiatwe 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the  councif,  xxx'.*; 

Publick  Treasury  to  M'  Samuel  Adams  the  sum  of  One  hundred  '^w-  Mass. 

pounds,  for  his  Service  as  Clerk  of  this  House  during  the  several  bvi.        '  '' 

Sessions  of  the  General  Assembly  in  the  current  year.  House  Jour. 

lu  Council  Eead  &  Concurred.      [Passed  March  1.  ""'■  ^■''^^■ 


CHAPTER    151, 

RESOLVE    ALLOWING    £100    TO    THE    PROFESSOR    OF    MATHEMATICS    AT 
HARVARD   COLLEGE. 

Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  Legislative 
tlie  Publick  Treasury  to  John  Winthrop  Esq'  L.L.D.  Holisian  Pro-  coSncu"  xx'x 'i 
fessor  of  Matheinaticks  and  Natural  Philosophy  at  Harvard  College,  'i^rchiv'es'^' 
the  sum  of  One  hundred  pounds,  as  a  Gratuity  in  consideration  iviii.,  eo.^.' 
of  his  faithful  discharge  of  the  great  and  important  Trust  reposed  House  Jour, 
in  him  for  one  Year,  ending  the  thirteenth  day  of  January  last.  '"'''  ^'  ^^'^" 
[Passed  March  1. 


CHAPTER    152. 

RESOLVE   ALLOWING   £100   TO   THE   PROFESSOR    OF    DIVINITY    AT    HAR- 
VARD  COLLEGE. 

Resolved  that  there  be  granted  and  allowed  to  be  paid  out  of  tlie  Legislative 
public  Treasury  to  M'  Edward  Wigglesworth  HoUisian  Professor  of  coSncff  xix*" 
Divinity  at  Harvard  College  the  sum  of  one  hundred  pounds  as  a  '"o.      ■    •  ■  :■ 
Gratuity  in  consideration  of  his  faithful  discharge  of  the  Great  and  House  Jour- 
important  trust  reposed  in  him  for  one  year  ending  the  twenty  fifth  ""''  '^"  '^^*" 
day  of  January  last.      [Passed  March  1. 


784 


Province  Laws  {Resolves,  etc.).  — 1773-74.  [Chaps.  153-156.] 


CHAPTEK    153. 


RESOLVE  ALLOWING  £40  TO  THE  PROFESSOR  OF  HEBREW  AT  HARVARD 
COLLEGE. 


Legislative 
Records  of  the 
Council,  XXX., 
•2-2U.    Mass. 
Archives, 
Iviii.,  60,i«. 


Resolved,  That  there  be  granted  and  allowed  to  be  paid  out  of  the 
Publick  Treasury  to  M'  Stephen  Sewall,  Hancock  Professor  of  the 
Hebrew  and  other  Oriental  Languages  at  Harvard-College,  the  Sum 
of  Forty  pounds,  as  a  Gratuity  in  consideration  of  liis  faithful  dis- 
charge of  the  great  and  important  Trust  reposed  in  him,  the  last 
Year.      \^Passed  March  1. 


CHAPTER    154. 


Legislative 

Records  of  the 

Council,  XXX., 

2-20.    Mass. 

Archives,!.,         RESOLVE  ALLOWING  A  FURTHER  AMOUNT  OF  £100  TO  THE  SECRETARY 

5U'J. 


Mass. 

Archives,  1., 
508.    House 
Journal,  p.  220. 
Ante,  p.  781, 
chap.  144. 


Bead  & 

Resolvd  that  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury to  the  Hon'''  Thomas  Flucker  Esq'  Secretary  of  this  Province 
the  Sum  of  One  hundred  Pounds  to  enable  him  to  procure  Assist- 
ance in  his  Office.     \^Passed  March  1. 


CHAPTER    155 


ORDER    ALLOWING    A    FURTHER    AMOUNT    OF    £120    TO   THE   PROVINCE 
TREASURER. 


Legislative 
Records  of  the 
Council,  XXX., 
2-20.    Mass. 
Archives,  civ., 
BSl. 

Mass. 

Archives,  civ., 
M9.    House 
Journal,  p.  221. 
Ante,  p.  782, 
chap.  145. 


A  Petition  of  Harrison  Gray  Esq'  Treasurer  and  Eeceiver  Gen- 
eral of  the  Province  acknowledging  with  gratitude  the  Grant  already 
made  him  for  his  ordinary  services  the  last  year.  And  praying  an 
allowance  for  his  extraordinary  services. 

Eead  and 

Orderd  that  there  be  allowed  and  paid  out  of  the  publick  Treasury 
the '  to  the  Petitioner '  Sum  of  One  hundred  &  Twenty  Pounds  in 
full  for  his  Extra  Services  as  mentiond  in  this  Petition.  \^Passed 
March  2. 


CHAPTER    156 


RESOLVE  ALLOWING  £6  TO  DUDSON  KILCUP. 


Legislative 
Records  of  the 
Council,  XXX., 


House  Jour- 
nal, pp.  209, 22 
Ante,  p.  103, 
chap.  215. 


A  Petition  of  Dudson  Kilcup  of  Boston  Setting  forth.  That 
in  the  year  1765  he  was  ordered  by  a  Committee  of  the  then  Gen- 
eral assembly  to  take  and  form  a  complete  List  of  all  officers  and 
Soldiers  who  had  served  the  Province  in  an  Expedition  against 
the  Island  of  Cape  Breton  and  other  places  and  render  such  List, 
preparatory  to  a  Grant  of  Lands  to  be  made  them  by  the  said 
Court    That  he  accordingly,  with  great  expence  of  time  and  labour. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  —  1773-74.  785 

prepared  the  said  List;  for  which  the  Court  granted  him  the  sum 
of  fifteen  pounds  only ;  whereas  by  the  rules  of  Law  the  Copies  of 
the  said  List  would  amount  to  Seventy  pounds.  And  praying  a 
further  allowance. 

Resolvd  that  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury to  the  Petitioner  Dudson  Kilcup  the  Sum  of  Six  pounds,  in  full 
Consideration  with  the  Sum  formerly  granted  to  him  for  his  Ser- 
vices mentiond  in  the  Petition.      \^Passed  March  2. 


CHAPTEE    157. 

RESOLVE  IMPOWERING  HENRY  BROMFIELD,  GUARDIAN,  TO  SELL  REAL 
ESTATE  AND  MAKING  PROVISION  IN  REGARD   TO   THE  PROCEEDS. 

A  Petition  of  Henry  Bromfield  of  Boston  merchant  Guardian  Legislative 
to  three  of  his  Children  viz'  Henry,  Abigail  and  Sarah  Bromfield  counc'if  xx'x .* 
minors     Setting  forth.  That  the  said  minors  are  siezed  in  fee  of  an  222. 
undivided  third  part  of  a  House  and  Land  in  Cole  Lane  in  Boston,  House  Jour- 
which  House  is  greatly  decayed  and  will  require  much  expence  to  prov^nce^' 
make  it  tenantable     That  the  owners  of  the  other  two  third  parts  Jif^^'j"'' ^^^' 
of  the  said  House  and  Land  have  agreed  to  disjDose  of  their  interest 
therein.  And,  as  an  opportunity  now  offers  for  disposing  of  the  said 
House  and  Land  to  its  full  value.  Praying  that  he  may  be  impow- 
ered  to  make  sale  of  the  said  minors  third  part  thereof;  which  he 
apprehends  will  be  more  to  the  emolument  of  the  said  minors  than 
deferring  the  sale  until  they  arrive  at  age. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  Real 
Estate  in  the  Petition  mentioned  for  the  most  the  same  will  fetch 
and  make  and  execute  a  good  deed  or  deeds  of  the  same  to  the  pur- 
chaser or  purchasers  thereof  he  observing  the  directions  in  the  Law 
for  the  sale  of  Real  Estates  by  Executors  and  administrators  and 
giving  sufficient  caution  to  the  Judge  of  Probate  for  the  County  of 
Suffolk  that  the  proceeds  of  such  sale  be  put  to  Interest  for  the 
benefit  of  the  said  minors  and  be  paid  to  them  as  they  respectively 
arrive  to  lawful  age  in  such  proportion  or  proportions  as  they  would 
have  inherited  the  said  Real  Estate  had  the  same  not  been  sold. 
\^Passed  March  2. 


CHAPTEE    158. 

RESOLVE  IMPOWERING  BENJ*  KENT,  ESQ«,  &  OTHERS,  EXECUTORS,  TO 
SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD  TO  THE 
PROCEEDS. 

A  Petition  of  Benjamin  Kent  Esq',  John  Head  and  Joseph  g*'^'^'?"'fth 
Pierce  merch'^  all  of  Boston  Executors  of  the  last  Will  and  Testa-  councif,  xsx., 
ment  of  Jane  Eustis  late  of  said  Boston  Widow  deceased     Setting  'ArchWesTxix., 
forth  That  the  said  Jane  Eustis  died  siezed  in  fee  simple  by  Deed  sae. 
of  mortgage,  from  Benoni  Banks,  of  several  Tracts  or  parcels  of  Mass. 
Land  situate  in  Northampton  in  this   Province;   all   which   were  832-s3™^HouBe 
devised  by  the  said  Jane  in  her  last  Will  and  Testament  to  Sarah  pp"^f  1,22 


786 


Province  'Lx-\vs(Iiesolves,e(c.).  — 1773-74.  [Chaps.  159,  160.] 


ProTlnce 
Laws,  ii., 
chap.  10. 


Kent  a  minor  and  daughter  of  the  aforenamed  Benjamin  That  the 
said  Lands,  and  the  Buildings  thereon,  are  in  so  ruinous  a  situation 
as  to  afford  scarce  any  Interest  or  profit  and  must  very  soon  sink 
greatly  in  value,  unless  they  are  sold  to  such  persons  as  can  take 
an  immediate  and  effectual  care  and  charge  thereof.  That  there  is 
now  an  opijortunity  of  selling  the  same  Lands  and  Tenements  for 
as  much  money  as  they  are  or  perhaps  ever  will  be  worth.  And  pray- 
ing that  they  may  be  impowered  to  make  sale  thereof  for  the  benefit 
of  the  said  minor. 

[Read  and] 

Eesolved  that  the  Prayer  of  the  Petition  be  granted  and  that  the 
Petitioners  be  and  they  are  impowered  to  make  sale  of  the  Eeal 
Estate  in  the  Petition  mentiond  for  the  most  the  same  will  fetch 
and  make  &  Execute  a  good  Deed  or  Deeds  of  the  same  to  the  Pur- 
chaser or  Purchasers  they  observing  the  directions  of  the  Law  for 
the  sale  of  Real  Estate  by  Executors  &  administrators  and  giving 
sufficient  caution  to  the  Judge  of  Probate  for  the  County  of  Suffolk 
that  the  proceeds  of  Such  Sale  be  paid  to  Sarah  Kent  the  minor  in 
the  Petition  Named  at  such  time  or  times  as  y"  Said  Real  Estate 
would  have  come  into  her  hands  had  the  same  not  been  sold.  \^Passecl 
March  2. 


CHAPTER    159. 

KESOLVE    GRANTING    400    ACRES   OF    EQUIVALENT    LAND    TO    JOSEPH 
JOSSELYN,  ESQ". 


Legislative 
Records  of  the 
Council,  XXX., 
224.    Mass. 
Archives, 
cxvlii.,  764. 

Mass. 
Archives, 
cxvili.,  763. 
Maps  and 
Plans,  Mis., 
xxxii.,  S. 
House  Jour- 
nal, pp.  168, 223. 
Province 
Laws,  xi.,  723, 
chap.  29.   Ante, 
p.  43,  chap.  82. 


A  Petition  of  Joseph  Josselyn  Esq'  of  Hanover  Praying  for  a 
Grant  of  unappropriated  Land  in  lieu  of  a  right  which  he  purchased 
in  a  Township  granted  by  the  General  Court  in  June  1732  to  Ben- 
jamin Smith  and  others  for  services  done  in  the  Narraganset  Indian 
War;  which  Township  afterwards  fell  into  the  Province  of  New- 
hampshire 

[Read  and] 

Resolved  that  there  be  granted  to  the  Petitioner  Joseph  Joselyn 
his  heirs  &  assigns  forever  a  Tract  of  Land  of  four  hundred  acres 
to  the  Eastward  of  Saco  River  adjoining  to  Some  former  Grant  in 
lieu  of  and  in  full  Satisfaction  for  the  land  taken  from  him  as 
mentioned  in  this  Petition,  Provided  it  does  not  Interfere  with 
any  former  Grant  &  that  the  Petitioner  return  a  Plan  thereof  to 
this  Court  taken  by  a  surveyor  &  chainmen  under  Oath  within 
Twelve  months  for  their  Confirmation.     [Passed  March  S. 


CHAPTEE    160, 


RESOLVE   ALLOWING   £4  TO   TIMOTHY  MADDING. 


Legislative 
Records  of  the 
Council,  XXX., 


Maes. 
Archives, 
Ixxx.,  720. 
House  Jour- 
nal, pp.  201, 224, 


A  Petition  of  Timothy  Madding  of  Uxbridge  Setting  forth. 
That  in  the  year  1759  he  enlisted  as  a  Soldier  to  serve  in  the  Ex- 
pedition against  Canada  and  repaired  to  Worcester  and  was  there 
rejected  by  Cap'  Wheelock  muster  master  for  the  King,  on  account 
of  his  being  young  and  low  of  Stature,  and  of  course  never  received 
any  Billetting  money  for  his  subsistence;  but,  being  desirous  to 
serve  his  King  and  Country,  he  proceeded  to  Albany,  at  his  own 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  787 

expeuce,  and  joined  his  Regiment  and  served  the  wliole  Campaign 
to  the  acceptance  of  his  olBcers.  And  praying  relief. 

Read  & 

Resolved  that  there  be  paid  out  of  the  Public  Treasury  to  M' 
Edward  Rawson  for  the  use  of  Timothy  Maddin  the  sum  of  four 
Pounds  in  full  for  the  Purposes  mentioned  in  the  Petition.  \^Passed 
March  3. 


CHAPTER    161. 

RESOLVE   ALLOWING    £69.  10   TO   THE   TOWN   OF   BERKLEY. 

A  Petition  of  Samuel  Gilbert  of  Berkley  in  the  County  of  Bris-  Legisi.-aive 
tol  agent  for  the  said  Town     Praying  the  reimbursement  of  the  councif,  xx'x ,^ 

sum  of  £69.10/  which  the  said  Town  has  expended  in  supporting  '^}^ 

one  Isaac  Muet  and  his  Wife  two  poor  Indians,  not  belonging  to  House  .lour-  _ 
any  Town  in  the  Province,  over  and  above  the  proceeds  of  certain  province  '""' 
Land  which  was  sold  by  order  of  the  General  Court  in  1757  for  that  Jlfap%9-I''' '^"' 
purpose. 

[Read  and] 

Resolved  that  the  Petition  of  Samuel  Gilbert  in  behalf  of  the  Town 
of  Berkley  be  granted,  and  that  there  be  paid  out  of  the  public  Treas- 
ury to  Thomas  Gilbert  Esq'  Sixty  nine  pounds,  ten  shillings,  to  be 
by  him  paid  to  the  Petitioner  for  the  use  of  the  Town  of  Berkley 
in  full  for  keeping  Isaac  and  Jane  Muet  as  set  forth  in  said  Peti- 
tion.     \^Passed  March  4. 


CHAPTER    162. 

RESOLVE    IMPOWERING    WILLIAM    BLAIR    TOWNSEND    AND    THOMAS 
FAYERWEATHER,  EXECUTORS,  TO  SELL  REAL  ESTATE. 

A  Petition  of  Epes  Sargent  Esq''  one  of  the  legal  Representatives  Legislative 
of  the  hon''"^  John  Osborne  Esq'  late  of  Boston  deceased,  in  behalf  coSncu ,  x x*x .? 
of  himself  and  the  other  Representatives  of  the  said  Osborne     Set-  230.   Mass.    ' 
ting  forth,  That  the  hon"'  Thomas  Hubbard  Esq'  late  of  Boston  831?  "^^'  ^'^  ' 
deceased  and  one  of  the  Executors  of  the  last  Will  and  Testament  Maes. 
of  the  said  Osborne,  obtained  an  Order  of  this  Court  in  May  last  ^^^House''"'' 
impowering  him  to  make  sale  of  a  certain  piece  of  Land  in  Milk  Journal, 
Street  in  the  Town  of  Boston  part  of  the  Estate  of  the  said  Osborne,  ^ttfpfido, 
as  by  the  said  Order  may  appear;  but  before  the  time  he  appointed  cfaap. 46. 
for  the  sale  of  the  said  Land,  he  died.   And  praying  that  William 
Blair  Townsend  and  Thomas  Fayerweather  Esq'"  Executors  to  the 
said  Thomas  Hubbard  may  be  authorized  to  complete  the  execu- 
tion of  the  power  granted  for  the  sale  of  the  said  Land. 

[Read  and] 

Resolved  that  the  Prayer  of  this  Petition  be  granted  and  William 
Blair  Townsend  and  Thomas  Fayerweather  Esqrs  Executors  of  the 
last  will  of  the  Honble  Thomas  Hubbard  Esq'  deceased  are  hereby 
fully  impowered  to  make  sale  of  &  execute  a  good  and  sufficient 
deed  or  deeds  of,  the  piece  or  parcel  of  Land  in  the  petition  men- 
tioned they  observing  the  same  regulations  and  being  subject  to 
the  same  restrictions  the  said  Thomas  Hubbard  Esq  must  have  ob- 


788 


Province  Laws  (7?eso/i'es,  e^c).  — 1773-74.  [Chaps.  163,  164.] 


served  and  been  subject  to  by  a  Resolve  of  this  Court  in  last  May 
session  empowering  him  to  make  sale  of  the  same  Land.  [Passed 
March  4. 


Legislative 
Beeords  of  the 
Council, 


CHAPTER    163. 

RESOLVE  IMPOWERING  JOSEPH   GOOCH    TO    ENTER    AN    APPEAL    FOR 
THE   REHEARING   OF   AN   ACTION. 

Legislative  In  COUNCIL.  It  appearing  to  this  Board  that  granting  the  prayer 

c^Sncif,  xx'x.^  of  the  Petition  of  Elisha  Doane  Esq'  that  he  be  impowered  to  file 
a  complaint  as  prayed  for  &c  would  work  a  great  injury  to  the  Re- 
spondent, who  at  the  Inferior  Court  made  a  plea,  and  really  intended 
to  defend  the  action  at  the  then  next  Superior  Court  to  be  holden 
for  the  County  of  Suffolk  and  accordingly  appealed  and  entered  into 
ibi  228  ^^^' ^^*'  recognizance  for  that  purpose,  but  through  the  inadvertence  of  his 
attorney  failed  to  prosecute.  And  to  dismiss  the  Petition  may  work 
as  great  injustice  to  the  Petitioner  both  of  which  have  lost  their 
Law,  and  that  justice  may  be  done  to  both: 

Resolved  that  Joseph  Gooch  the  Respondent  be  and  he  hereby  is 
impowered  to  enter  his  appeal  at  the  present  Superior  Court  of  Judi- 
cature, now  holden  at  Boston  and  the  Justices  of  the  said  Court  are 
hereby  authorized  and  impowered  as  fully  to  hear  and  determine  said 
action  thereon  as  by  Law  they  could  have  done  had  said  action  been 
entered  at  the  Superior  Court  to  which  it  was  appealed,  provided 
the  said  Joseph  serve  Elisha  Doane  Esq'  or  his  attorney  with  an 
attested  Copy  of  this  Order  at  least  one  month  before  said  action 
is  entered,  but  in  case  the  Respondent  should  fail  of  entering  his 
action  as  aforesaid,  that  then  the  prayer  of  the  Petitioner  be  so  far 
granted  as  that  he  have  liberty  to  file  his  complaint  as  prayed  for, 
and  the  Justices  of  said  Court  are  hereby  fully  impowered  in  every 
respect  to  act  and  do  thereon  as  by  Law  they  might  have  done  had 
the  Complaint  been  entered  at  the  holding  of  the  last  Superior  Court 
for  the  said  County  of  Suffolk. 

In  the  House  of  Representatives,  Read  and  Concurred.  [Passed 
March  5. 


CHAPTER    164 


Legislative 
Records  of  the 
Council,  XXX., 


VOTE  CHOOSING  GUARDIANS   FOR  GAYHEAD   INDIANS. 

The  two  Houses  according  to  agreement  proceeded  to  the  choice 
of  Guardians  for  the  Indians  at  Gayhead  and  upon  examining  the 
Votes  it  appeared  that  William  Mayhew  and  Jonathan  Allen  Esq'^ 
and  Zachariah  Hosswit  were  chosen.     [Passed  March  8. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  789 


CHAPTEK    165. 

VOTE   CHOOSING  GUARDIANS   FOR  INDIANS  OF  CHAPPAQUIDDICK.         Legislative 

Records  of  tlie 

CoUUCll,  XXX., 

The  two  Houses  according  to  agreement  proceeded  to  the  choice  24i.  Mass. 
of  Guardians  for  the  Indians  of  Chabboquiddick,  and  upon  examin-  xxxiii!I'6i5.» 
ing  the  votes  it  appeared  that  William  Mayhew  and  Jonathan  Allen  House  Jour" 
Esq''  and  George  Johnson  jun'  were  chosen.     \^Passed  March  8.        ifl'rn'^h^m 

236!  -238.  " '  '   ' 


CHAPTEK    166. 

RESOLVE   ALLOWING   £29.  10  TO   REV°  ELI  FORBES. 

A  Petition  of  Eli  Forbes '  of  Brookfield     Praying  an  allowance  Legislative 
for  the  Boarding,  Cloathing  and  Instructing  an  Indian  Lad  of  the  cmmJf  "xx"' 
Onyda  Tribe  from  the  2P'  day  of  January  1773  to  the  ll""  day  of  ^J;;,j,Mff  ■ 
March  1774  xxxiii.,595. 

[Read  and]  jiass. 

Resolved  that  there  be  paid  out  of  Sir  Peter  Warrens  Donation  xxxiii^^sk 
the  Sum  of  Twenty  nine  Pounds  ten  shillings  to  the  Petitioner  in  kouseJour- 
full  for  boarding  cloathing  and  instructing  the  young  Indian  in  Anie'.'p'^ehf^^' 
his  Petition  mentioned  from  the  21  January  1773  to  the  10""  Instant  "bap'  120. 
being  fifty  nine  weeks.     [Passed  March  8. 


CHAPTEK    167. 


RESOLVE    IMPOWERING    MEHET*  HINKLEY,  ADMINISTRATRIX,  TO    SELL 
AN  ESTATE,  AND  MAKING   PROVISION   IN  REGARD   TO   THE  PROCEEDS. 

A  Petition  of  Mehettable  Hinkley  of  Welfleet  in  the  County  Legislative 
of  Barnstable  administratrix  on   the   Estate  of  her  late  husband  counc'i^  xx'x.? 
Cyprian  Hinkley  late  of  said  Welfleet  Yeoman  deceased     Setting  '^ 


forth  That  her  said  Husband  sometime  in  October  last  bargained  House  Jour 
for  one  hundred  acres  of  Land  with  some  Buildings  thereon,  lying  pro'vinee  ' 
in  Belcherston  in  the  County  of  Hampshire,  and  paid  one  half  part  giJ^Jj^'i"'' '"'' 
of  the  money  agreed  upon  for  the  same,  but  soon  after  his  return 
home,  died  That  the  said  deceased  left  a  small  Real  Estate  in  said 
Welfleet  (where  the  Petitioners  friends  and  Relations  live)  and  two 
Children,  one  a  daughter  of  eight  years  of  age  and  the  other  a  Son 
not  three  years  old.  That  the  Petitioner,  living  at  so  great  a  dis- 
tance from  the  first  mentioned  Estate  and  her  Children  being  so 
very  young,  cannot  make  any  improvement  of  the  same.  And,  as 
there  is  still  due  five  hundred  pounds  old  tenor  from  the  said  de- 
ceaseds Estate  to  complete  the  purchase  aforesaid  and  also  money 
which  he  hired  upon  interest  to  make  the  first  payment,  Praying 
that  she  may  be  enabled  to  make  sale  of  the  Real  Estate  purchased 
as  aforesaid  for  the  payment  of  the  said  debts. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted  and  that  the 
Petitioner  be  impowered  to  make  sale  of  the  Estate  mentioned  in 

'  The  House  Journal,  p.  238,  reads,  "  Forbush." 


790 


Province  Laws  (i2esofoes,e<c.).  —  1773-74.  [Chaps.  168,  169.] 


the  Petition  for  the  most  the  same  will  fetch,  and  make  and  exe- 
cute a  good  Deed  or  Deeds  to  the  purchaser  or  purchasers,  she  ob- 
serving the  rules  and  directions  of  the  Law  for  the  sale  of  Eeal 
Estates  by  Executors  and  administrators,  first  giving  caution  to  the 
Judge  of  Probate  for  the  County  of  Barnstable  that  the  proceeds 
of  such  sale  shall  be  applied  for  the  payment  of  the  debts  of  the 
said  deceased,  and  the  pverplus,  if  any,  be  applied  as  followeth  viz' 
the  improvement  of  one  third  thereof  to  the  Petitioner  during  her 
natural  life,  and  the  residue  (together  with  the  Widows  after  her 
decease)  shall  be  divided  between  the  Children  of  the  said  deceased 
in  the  same  f)roportion  as  they  would  have  inheijited  had  the  Land 
not  been  sold.     [Fussed  March  8. 


CHAPTEE    168, 


ORDER  IMPOWERING  THE   SELECTMEN   OF  THE   TOWN  OF   HAVERHILL 
TO   CONVEY  LAND   TO  TIMOTHY  HARDY  &   PHOEBE  MULLIKEN. 


Legislative  Ordered  that  the  selectmen  of  the  Town  of  Haverhill,  or  the 

Recorde  of  the    ,--.  ,       p    ,^  loi  i  i-ii-  -,. 

Council,  XXX.,  jlajor  part  oi  them,  be  &  hereby  are  authorized  &  impowered,  if 
Archives?"  they  See  Cause,  to  execute  a  good  &  lawful  Deed  of  Conveyance, 
in  Fee  simple,  or  for  such  other  Estate  as  they  shall  think  fit,  to 
the  Petitioners  Timothy  Hardy  &  Phebe  Mulliken,  of  a  certain 
Piece  or  Parcell  of  the  highway  in  the  said  Town  of  Haverhill, 
SiTpp.'iiMsi',  '"'hich  leads  from  Mulliken's  Ferry,  so  called,  to  begin  at  the  top 
of  the  Bank  of  the  River,  &  to  extend  from  thence,  on  the  North 
East  side  of  the  way,  into  the  Country,  and  to  measure  sixteen  feet 
in  breadth,  &  six  Rods  in  length,  for  the  purpose  of  erecting  a  dwell- 
ing House,  &  other  Buildings,  which  may  be  necessary  for  due  At- 
tendance upon  the  said  Ferry.      [Passed  March  8. 


Archives, 
cxxi.,  512-520. 
House  .Jour. 


CHAPTEE    169, 


RESOLVE  ACCEPTING  A  PLAN  OF  LAND   IN  PRINCETON  SOLD   BY  CAPT. 
ASA   WHITCOMB. 


Legislative 
Records  of  the 
Council,  XXX., 
244. 

House  Jour- 
nal, p.  237. 
Ante,  p.  727, 
chap.  40. 


Whereas  Cap'  Asa  Whitcomb  was  appointed  at  the  last  May 
Session  of  the  General  Court  to  sell  to  the  highest  bidder  a  Tract 
of  Land  in  Princeton  and  give  a  Deed  thereof  and  return  a  plan 
of  the  same  to  this  Court ;  and  the  said  Asa  reports  that  he  sold 
one  hundred  and  three  acres  to  Cap'  John  Bowen  and  took  his 
Bond  to  the  Province  Treasurer  for  the  sum  of  fifteen  pounds,  nine 
shillings  with  Interest  to  be  paid  in  one  year  from  the  date  of  said 
Bond,  and  that  he  sold  ten  acres  to  John  Frost  for  forty  shillings, 
which  said  Frost  has  paid  into  the  Province  Treasury,  and  that  he 
has  given  deeds  thereof  agreable  to  the  Order  of  this  Court  and  re- 
tiirned  a  plan  of  the  same : 

Resolved  that  the  said  report  be  accepted,  and  the  plan  be  lodged 
in  the  Secretary's  office.      [Passed  March  8. 


[2d  Sess.]     Province  Laws  {Resolves,  etc.).  — 1773-74.  791 


CHAPTER    170. 

RESOLVE  IMPOWERING  HANNAH  BADCOCK,  ADMINISTRATRIX,  TO  SELL 
REAL  ESTATE  AND  MAIiING  PROVISION  IN  REGARD  TO  THE  PRO- 
CEEDS. 

A  Petitiok  of  Hannah  Badcock  administratrix  of  tlie  Estate  of  K|fo^d"oi  the 
her  late  husband  William  Badcock  late  of  Milton  in  the  County  of  couucu,  xxx., 

SufEolk  Inholder  deceased  intestate  Setting  forth     That  the  said  ?^i _ 

intestate  died  siezed,  among  other  Eeal  Estate,  of  a  certain  Farm  naTppissyioe, 
N"  2  in  Ashburnham,  containing  between  two  and  three  hundred  239.'  Province 
acres  which  is  of  no  present  benefit  but  rather  a  Bill  of  charge  to  chap. 10.''  ' 
the  Petitioner.  That  the  Heirs  of  the  said  intestate  are  all  daughters 


two  of  whom  are  minors.  And  praying  that  she  may  be  impowered 
to  make  sale  of  the  Farm  aforesaid  (no  part  of  which  is  brought  to) 
for  the  benefit  of  the  persons  interested  therein. 

[Kead  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  hereby  is  impowered  to  make  sale  of  the  Real 
Estate  in  the  Petition  mentioned  for  the  most  the  same  will  fetch, 
and  make  and  execute  a  good  Deed  or  Deeds  thereof  to  the  pur- 
chaser or  purchasers,  she  observing  the  directions  of  the  Law  for 
the  sale  of  Real  Estates  by  Executors  and  administrators  and  giv- 
ing sufficient  caution  to  the  Judge  of  Probate  for  the  County  of 
Suffolk  that  the  proceeds  of  such  sale  be  put  to  interest  for  the  use 
of  tlie  minors  and  be  paid  to  them  as  they  come  to  lawful  age  re- 
spectively.     \^Passecl  March  8. 


CHAPTER    171. 

RESOLVE    IMPOWERING    HANNAH     WATTS,    GUARDIAN,    TO    SELL     LAND 
AND  MAKING  PROVISION  IN  REGARD  TO  THE  PROCEEDS. 

A  Petition  of  Hannah  Watts  of  Boston  Widow  and  Guardian  Legislative 
to  her  three  Children,  the  oldest  not  ten  years  of  age     Setting  counclf  x'x'x* 
forth.  That  they  own  a  small  Farm  in  Chelsea  and  a  two  hundred  245.      '      ^ 
acre  lot  in  Royalston,  which  came  to  them  from  their  late  G-rand-  House  Jour- 
father  the  hon""  Samuel  Watts  Esq'     That  the  House  on  their  ^^'.-p^^vS 
Farm  in  Chelsea  is  so  ruinous  that  the  Tenant  cannot  live  in  it  Laws,  ii.,  isi, 
except  in  fair  weather,  and  unless  it  be  repaired  will  soon  be  ruined. 
And  praying,  as  well  for  the  benefit  of  the  Childrens  Estate  as  for 
their  support  and  maintenance,  she  may  be  impowered  to  make  sale 
of  the  aforementioned  Lot  of  Land  in  Royalston. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  be  and  she  hereby  is  impowered  to  make  sale  of  the  lot 
of  Land  mentioned  in  the  Petition  for  the  most  the  same  will  fetch, 
she  observing  the  rules  of  the  Law  for  the  sale  of  Eeal  Estates  by 
Executors  and  administrators  and  make  and  execute  a  good  deed 
or  deeds  thereof  to  the  purchaser  or  purchasers  and  give  sufficient 
caution  to  the  Judge  of  Probate  of  the  County  of  Suffolk  that  the 
money  arising  by  such  sale  be  applied  as  foUoweth  viz'  so  much 
thereof  as  is  necessary  be  laid  out  in  the  repairs  of  the  other  part 


792  Province  Laws  {Resolves,  etc.).  —  1773-74.  [Chaps.  172,  173.] 

of  the  said  minors  Estate  mentioued  in  the  Petition,  and  the  re- 
mainder be  put  to  interest  for  the  benefit  of  tlae  said  minors  and 
to  be  paid  to  them  as  they  respectively  arrive  to  lawful  age  in  the 
same  proportion  as  they  would  have  inherited  in  case  the  said  Lot 
of  Land  had  not  been  sold.     \^Passed  March,  8. 


CHAPTEE    172. 

KESOLVE    IMPOWERING    WILLIAM    SHAW,   GUARDLiN,  TO    SELL    REAL 
ESTATE  AND  MAKING  PROVISION   IN  REGARD   TO  THE   PROCEEDS. 

Regulative  A  PETITION  of  William  Shaw  Guardian  to  the  Children  of  Ephraim 

couucii,  XXX.,   Tinkham  late  of  Middleborough  in  the  County  of  Plymouth  de- 

'^— ceased     Setting  forth     That  the  said  deceased  died  siezed  of  about 

naTpp.'aoi^isy.  thirty  six  acres  of  Land,  about  six  of  which  is  brought  to,  with  a 

Province  '       large  House  thereon,  unfinished,  and  a  large  Barn  very  much  out 

ehij^'io.''     '    of  repair     That  the  Children  are  young  and  the  said  Estate  under 

its  present  situation  will  not  support  them  and  keep  the  Buildings 

in  repair.  And  praying  that  he  may  be  impowered  to  make  sale  of 

the  said  Real  Estate  for  the  benefit  of  the  Widow  and  Children  of 

the  said  deceased. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  William  Shaw  be  and  hereby  is  authorized  &  impowered 
to  make  sale  of  the  Real  Estate  in  the  Petition  mentioned  for  the 
most  the  same  will  fetch,  and  make  and  execute  a  good  Deed  or 
Deeds  thereof  to  the  purchaser  or.  purchasers  he  observing  the  rules 
and  directions  of  the  Law  respecting  the  sale  of  Real  Estates  by 
Executors  and  administrators  and  give  sufficient  caution  to  the  Judge 
of  Probate  for  the  County  of  Plymouth  that  the  proceeds  of  such 
sale  be  applied  as  followeth  viz'  the  interest  of  one  third  thereof 
for  the  use  of  the  Widow  of  Ephraim  Tinkham  dec**  during  her 
natural  life  in  lieu  of  her  dower  or  thirds  in  his  Real  estate  and 
the  remainder  to  be  put  to  interest  for  the  benefit  of  the  Children 
of  the  said  Ephraim  and  be  paid  to  them  as  they  respectively  arrive 
to  lawful  age  in  the  same  proportion  as  they  would  have  inherited 
had  not  the  Laud  been  sold,  as  also  the  third  reserved  for  the  use 
of  the  Widow  aforesaid  at  her  decease.     \_Passed  March  8. 


CHAPTER    173. 

RESOLVE    REQUIRING    NOTIFICATION    OF    MEETING    IN     NEW     PLANTA- 
TIONS   OF    LINCOLN    COUNTY   TO    CHOOSE   OFFICERS   THEREOF. 

Legislative^^  Whekeas  At  a  Session  of  the  General  Court  in  January  1773 
Council,  XXX.,  tliere  was  an  Act  passed  intitled  "An  Act  to  enable  and  impower 
Archiv^es^,^'  the  Inhabitants  of  New  plantations  within  this  province,  enjoined 
cxviii.,  819.  and  subjected  by  Law,  or  that  may  hereafter  be  enjoined  and  sub- 
House  Jour,  jected  to  pay  province  and  County  Taxes,  to  assess,  levy  and  collect 
Pro'vlnce  '  "  the  Same  "  wherein  it  is  enacted,  "  That  the  Clerk  of  the  Court  of 
ch^!'50;'^',  general  Sessions  of  the  peace  for  the  several  Counties  within  this 
note.  province,  wherein  any  of  the  afores'*  New  plantations  lye  shall  in 

some  convenient  Time  before  the  thii'd  Monday  of  May  (then)  next 


[2d  Sess.]     Province  Laws  (^Resolves,  etc.).  — 1773-74.  793 

make  and  cause  to  be  delivered  a  Warrant  under  his  hand,  directed 
to  some  principal  Inhabitant  in  each  of  said  New  plantations  within 
their  resjjective  Counties,  requiring  such  Inhabitant  to  notify  all 
the  Inhabitants  of  said  New  plantation  to  assemble  &  meet  together 
on  the  said  third  Monday  of  May,  to  choose  a  Clerk,  Collectors  & 
Assessors  for  the  purposes  mentioned  in  said  Act.  And  whereas  the 
Clerk  of  the  Court  of  General  Sessions  of  the  peace  for  the  County 
of  Lincoln  by  Reason  of  the  Great  distance  he  lives  from  Boston 
and  the  Difficulty  of  Conveyance  in  the  Spring  of  the  year,  could 
not  obtain  the  said  Act,  till  after  the  said  third  Monday  of  May,  the 
Time  mentioned  in  said  Act  for  holding  said  meetings;  by  reason 
whereof  the  several  Plantations  within  the  County  of  Lincoln  have 
not  been  able  to  choose  any  of  the  Officers  mentioned  in  said  Act, 
nor  to  assess  the  province  or  County  Tax  which  has  been  laid  upon 
them 

Resolved  that  the  Clerk  of  the  Court  of  General  Sessions  of  the 
Peace  for  the  County  of  Lincoln  Shall  in  Some  Convenient  Time 
before  the  Third  Monday  of  May  next  make  &  cause  to  be  Delivered 
a  Warrant  under  his  hand  Directed  to  Some  Principal  Inhabitant 
In  Each  of  Said  New  Plantations  within  Said  County  of  Lincoln 
Requiring  Such  Inhabitant  to  Notify  all  the  Inhabitants  of  Said  New 
Plantations  to  Assemble  &  meet  together  on  the  Said  Third  Mon- 
day of  May  next  to  Choose  a  Clark;  Collectors  &  Assessors  &c  for 
the  Purposes  mentioned  in  Said  Act.     ^Passed  March  8. 


CHAPTEK    174.     - 

RESOLVE  IMPOWERING   GEORGE    KIMBALL   AND   MARY  REED,  ADMINIS- 
TRATORS, TO   EXECUTE   A   DEED. 

A  Petition  of  George  Kimball  and  Mary  Reed  administrators  of  Legislative 
the  Estate  of  Samuel  Reed  late  of  Lunenburgh  in  the  County  of  councif,  xxx!] 

Worcester  Gentleman  deceased  Setting  forth  That  the  said  Samuel  ?!?: 

on  the  first  day  of  December  AD  1770  being  legally  possessed  of  a  ^jJJ"^"  "'^jTm 
Lot  of  Land  in  Winchendon  in  said  County  called  House  lot  N°  240.'  Ante, 
34  in  the  South  division,  made  his  Bond  for  the  sum  of  three  hun-  p- "i^,  chap.  s. 
dred  pounds  to  Lemuel  Sargent  of  said  Winchendon  Cordwainer, 
his  Executors  &c  conditioned  that  he  the  said  Samuel  on  the  pay- 
ment of  forty  pounds  in  four  years  with  Interest  yearly  should  give 
a  Warranty  deed  of  the  same  Lot;  which  Bond  is  now  assigned  over 
to  John  Flint  of  Concord  in  the  County  of  Middlesex  Yeoman. 
And  praying  that  they  may  be  impowered  to  convey  the  said  Lot 
of  Land  to  the  said  John  Flint  in  discharge  of  said  Bond. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioners  be  and  they  are  hereby  fully  authorized  &  impowered  to 
make  and  execute  a  good  Deed  in  Law  of  the  Lot  of  Land  men- 
tioned in  the  Petition  unto  John  Flynt  his  Heirs  and  assigns;  the 
said  John  Flynt  giving  up  to  them  the  Bond  which  was  assigned 
over  to  him  as  mentioned  in  the  Petition.     {^Passed  March  8. 


RESOLVES,  ORDERS,  VOTES, 
ETC. 

Passed    1774. 


[795] 


no  records  of  the  house  journal  from  march  9,  1774,  to 
June  17,  1774,  are  extant. 


LEGISLATIVE   LIST^ 

FOR 

1774- 


His   Excellency   THOMAS   GAGE, 

Captain-General  and  Governor-in-chief,  etc. 
THOMAS    FLUCKER,    Esq., 


SECRETARY 


COUNCILLORS   OR   ASSISTANTS. 
Of  the  InliaMtants  of  or  Proprietors  of  Lands  ivitUn  the  Territory  formerly 
called  the  Colony  of  the  Massachusetts  Bay  ; 

Samuel  Danforth  \  John  Winthrop  ' 

John  Erving  1  Timothy  Danielson" 

James  Bowdoin"  I  Benjamin  Austin" 

James  Pitts  [  Richard  Derbey,  Jr. 

Samuel  Dexter"  \Esqrs.  William  Phillips"         )Esqrs. 

Artemas  Ward  (  Michael  Farley" 

Benjamin  Greenleaf    \  James  Prescott" 

Caleb  Gushing  )  John  Adams" 

Samuel  Phillips  /  Norton  Quincy" 

Of  the  Inhabitants  of  or  Proprietors  of  Lands  within  the  Territory  formerly 
called  the  Colony  of  J^etv  Plimouth; 

James  Otis  )„  Walter  Spooner  )  l^q^bq 

William  Sever  ^^^sqrs.  Jerathmeel  Bowers"     psQBs. 

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

Jeremiah  Powell,  Jedediah  Preble  and  Enoch  Freeman,"  Esqrs. 

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

Benjamin  Chadbourn,  Esq. 

'  See  Legislative  Records  of  the  Council,  xxx.,  258-263. 

*  Rejected  by  the  GoTernor.     See  Legislative  Records  of  the  Council,  xxx.,  263. 

[797] 


798     Froviuge  JjAws  (Resolves,  etc.) .  —  1774.  [Represent ath'es.] 

For  the  Province,  at  large :  — 
Geoege  *Leokaed  &  Jedediah  Foster, '  Esqes. 


REPRESENTATIVES   OR  DEPUTIES. 

May  23,  1774  to  Jtine  17,  1774. 


Mk.  THOMAS   GUSHING,  Speaker. 


County  of  Suffolk. 
Boston,   .     .     .  Thomas  Gushing,  Esq., 
John  Hancock,  Esq., 
Mr.  Samuel  Adams, 
AVUliam  Phillips,  Esq. 

.  Gapt.  William  Heath. 

.  Mr.  Lemuel  Robinson. 

.  Mr.  Stephen  Miller.  ■ 

.  Ebenezer  Thayer,  Jr.,  Esq. 

.  Mr.  Xathaniel  Bailey. 

>  Benjamin  Lincoln,  Esq. 

.  Mr.  Abner  Ellis. 
.  Mr.  Moses  Bullen. 
.  Mr.  Jabez  Fisher. 
.  Gapt.  Benjamin  White. 


Roxbury, 
Dorchester , 
Milton,   . 
Braintree, 
Weymouth, 
Hingham  ifc 
Cohassei, 
Dedhain, 
Medfield,      . 
Wrentham,  . 
Brookline, 
Stoughton 
and  Stough- 
tonham, 
Walpole, 
Medway, 


Mr.  Hezekiah  Gay. 

Mr.  Enoch  Ellis. 
Gapt.  Jonathan  Adams. 


GouNTY  OF  Essex. 

.  Richard  Derbey,  Jr.,  Esq., 
Mr.  John  Pickering,  Jr. 

.  Doctor  Samuel  Holtou. 

.  Gapt.  Michael  Farley. 

.  Joseph  Gerrish,  Esq. 
Newburyporl,  .  Gapt.  Jonathan  Greenleaf. 
Marblehead,     .  John  Gallison,  Esq. 

.  Ebenezer  Burrill,  Esq. 

.  Gapt.  Moody  Bridges. 

.  Mr.  Josiah  Bachellor,  Jr. 

.  Mr.  Nathaniel  Myghill. 

.  Mx.  Samuel  Smith. 

.  Mr.  Jonathan  Webster. 

.  Gapt.  Peter  Goffin. 

.  Mr.  John  Gould. 

.  Aaron  Wood,  Esq. 

.  Isaac  Merrill,  Esq. 

.  Gapt.  Daniel  Thurston. 


Salem ,   . 

Danvers, 
Ipswich, 
Newbury, 


Lynn,     . 

Andover, 

Beverly, 

Rowley,  . 

Salisbury, 

Haverhill, 

Gloucester, 

Topsjield, 

Boxford, 

Almsbury, 

Bradford, 


GouNTY  OF  Middlesex. 
Cambridge,    .     .  Capt.  Thomas  Gardner. 
.  Mr.  Nathaniel  Ciorham. 
.  Gapt.  Jonathan  Browne. 
.  Mr.  Samuel  Wyman. 
.  Capt.  James  Barrett. 
.  Abraham  Fuller,  Esq. 
.  Samuel  Bancroft,  Esq. 
.  Mr.  Peter  Bent. 
.  William  Stickney,  Esq. 
.  Capt.  Josiah  Stone. 
.  Mr.  Simeon  Spaulding. 
.  Mr.  Samuel  Bullard. 
.  Mr.  Thomas  Plympton. 
.  Gapt.  Ebenezer  Harnden. 
.  Mr.  Benjamin  Hall. 
.  Elisha  Jones,  Esq. 
.  Jonas  Dix,  Esq. 

>  James  Prescott,  Esq. 

.  Mr.  Josiah  Hayward. 
.  Capt.  Joseph  Reed. 
.  Mr.  Josiah  Hartwell. 
.  John  Tyng,  Esq. 
.  Gapt.  Eleazer  Brooks. 
.  Mr.  Jonas  Stone. 


Charlestown, 
Watertawn, 
Wobourn,  . 
Concord,  . 
Newton,    . 
Beading,  . 
Marlborough 
Billerica, 
Framitigham 
Chelmsfo7-d, 
Sherburne, 
Sudbury,  . 


Medford,  . 
Weston,     . 
Waltham, . 
Groton,  ' 
Shirley  and 
Pepperrell, 
Acton,  . 
Westford,  . 
Littleton,  . 
Dunstable, 
Lincoln,    . 
Lexington, 


CoL-NTY  OF  Hampshire. 
Springfield  &       }  John  Worthington,  Esq., 
Wilbraham,         S  Mr.  John  Bliss. 
West  Sjjringfeld,  Benjamin  Day,  Esq. 
Northampton  & 
Southampton, 
Sadley, 
South  Hadley, 
Amherst  and 
Oranby, 
Hatfield, 
Whately  and 
Williamsburgh, 


■  Joseph  Hawley,  Esq. 


Air.  Josiah  Pierce. 


>Mr.  John  Dickinson. 


Rejected  by  the  Governor.     See  Legislative  Records  of  the  Council,  xxx.,  26.3. 


[Representatives.]     Province  Laws  (Resolves,  etc.).  —  1774. 


799 


Mr.  Samuel  Field. 

Capt.  John  Mosely. 
>  Mr.  Moses  Gun. 


County  of  Hampshire  —  Concluded. 
Deerjield, 
Greenfield. 
Shelbzmie  and 
Conway, 
Westfield  and 
Southwiok, 
Sunderland  & 
Montague, 
Brimfield,  n 

South  Brimfield  S  ^^r.  Timothy  Danielson. 
&  Monson,  ) 

Norlhfield,       .     .  Mr.  Phineas  Wright. 

County  ok  Plymouth. 
Plymouth,  .     .     .  James  Warren,  Esq., 

Mr.  Isaac  Lothrop. 
Scilttate,     .     .     .  Mr.  Gideon  Vinal. 
Marshfield,       .     .  Abijah  White,  Esq. 
Middleboro\     .     .  Capt.  Ebenezer  Sprout. 
Rochester,    .     .     .  Mr.  Ebenezer  White. 
Plympton,   .     .     .  Mr.  Samuel  Lucas. 
Pembroke,  .      .     .  Mr.  John  Turner. 
Hanover,     .     .     .  Capt.  Joseph  Gushing. 
Abington,    .     .     .  Woodbridge   Browne, 

Esq. 
Bridgivater,      .     .  Capt.  Edward  Mitchell. 
Kingston,    .     .     .  Capt.  John  Graj-. 
Duxborough,    .     .  Mr.  George  Partridge. 

County  of  Barnstable. 
Barnstable,       .     .  Edward  Bacon,  Esq. 
Mr.  Stephen  Nye. 
David  Thaoher,  Esq. 
Mr.  Benjamin  Freeman. 


Sandwich,  . 
Yarmouth,  . 
Harwich,  . 
Eastham  and 


Falmouth, 
Chatham, 


^  Mr.  Barnabas  Freeman. 

.  Mr.  Moses  Swift. 
.  Mr.  Joseph  Doane. 


County  of  Bristol. 
Taunton,   .     .     .  Daniel  Leonard,  Esq., 

Robert  Treat  Paine,  Esq. 
.  Capt.  Joseph  Barney. 

S  Jerathmeel  Bowers,  Esq. 


Rehoboth,  . 
Swanzey  w" 
Shawamet, 
Norton  and 
Mansfield, 
Dartmouth, 


\  Thomas  Morey,  Esq. 
.  Benjamin  Akin,  Esq. 


County  of  Bristol  —  Concluded. 
Dighton,    .     .     .  Elnathan  Walker,  Esq., 

Mr.  William  Baylies. 
Easton,      .     .     .  Capt.  Matthew  Hayward. 
Freetown,       .     .  Capt.  Thomas  Durfee. 

County  of  York. 
York,   ....  Mr.  Daniel  Bragdon. 
Kittery,     .     .     .  Edward  Cutt,  Esq. 
Wells,  ....  Mr.  Ebenezer  Sawyer. 
Berwick,   .     .     .  Capt.  Nathan  Lord,  Jr. 
Arundell,  .     .     .  Thomas  Perkins,  Esq. 

Dukes  County. 
Edgartown,    .     .  Mr.  Thomas  Cooke. 

In  the  County  of  Nantucket. 
Sherburne,      .     .  Mr.  Stephen  Hussey. 

County  of  Worcester. 


Worcester, 
La7icaster, 
Mendon, 
Brookfield, 
6xfo7\l  and 
Charlton, 
Sutton,  .     .     . 
Spencer,  Leices- 
ter &  Paxton, 
Rutland,  Rut- 
land  District, 
Oakham  and 
Hubbardston, 
Westborough  & 
Northborough. 
Lunenburgh  & 
Fitckburgh, 
Shrewsbury 
Uxbridge,  . 
Harvard,    . 
Bolton,  . 
Petersham, 
Hardwick,  . 
Sturbridge, 
Leominster, 
Upton,  . 
Grafton,     . 


.  Mr.  Joshua  Bigelow. 
.  Capt.  Asa  Whitcomb. 
.  Mr.  Edward  Rawson. 
.  Jedediah  Foster,  Esq. 

?  Edward  Davis,  Esq. 

.  Capt.  Henry  King. 

[  Mr.  Thomas  Denny. 

Jolm  Murray,  Esq. 

Mr.  Stephen  Maynard. 

Doctor  John  Taylor. 

Mr.  Phineas  Heywood. 

Mr.  Joseph  Read. 
,  Israel  Taylor,  Esq. 

John  Whitcoml),  Esq. 
,  Capt.  Ephraim  Doolittle. 

Mr.  Paul  Mandell. 

Moses  Marcy,  Esq. 

Mr.  Israel  Nichols. 

Mr.  Abiel  Sadler. 

Mr.  John  Shearman. 


Attleborongh,       .  Mr.  John  Dagget. 


County  of  Cumberland. 

Falmouth  and     }  „       ,   „  „ 

^        r,,.     ,  ,,    >  Enoch  Freeman,  Esq. 
Cape  Elizabeth,  )  ^ 


800     Province  Laws  (iiesoZwes,  ete.).  — 1774.  [Represextatives.] 


County  of  Cumberland  —  Concluded. 
Scarborough,       .  Mr.  Samuel  March. 
North  Yarmouth,  Mr.  John  Lewis. 
Brunswick,     .     ■  Mr.  Samuel  Thompson. 

County  of  BERKsraRE. 

Sheffield,  Great 


Barrington, 
Egremont  and 
Alford, 


David  Ingersoll,  Esq. 


County  of 

Stockbridge,    . 
Tyringham,    . 
PUtsfield,   .     . 
Sichmont  & 
Lenox, 

Lanesborough, 
Williamstown, 
Oageborough, 


Beekshike  —  Concluded. 
.  Mr.  Thomas  Williams. 
.  Capt.  Gyles  Jackson. 
.  Mr.  James  Easton. 

>  Mr.  John  Patterson. 

.  Mr.  Peter  Curtis. 
.  Capt.  Isaac  Searl. 
.  Capt.  William  Clark. 


RESOLVES,  ORDERS,  VOTES,  ETC. 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  Day  of  May,  A.D.  1774. 


CHAPTER    1. 

RESOLVE    IMPOWERING    HANNAH    HUTCHINSON,   ADM\  TO    SELL    REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Hannah  Hutchinson  administratrix  of  the  Estate  Legisintive 
of  her  husband  Elijah  Hutchinson  late  of  Andover  in  the  County  c^y^'^f  xVx^ 
of  Essex  deceased  and  Guardian  to  his  two  Children    Setting  forth,  '-ss. 


That  the  said  deceased  died  siezed  of  a  small  Estate  consisting  of  Province 
part  of  a  dwelling  house,  much  out  of  repair  and  six  acres  of  Land  ^hapf'io.''^^^' 
apprized  at  £31.16/  That  the  debts  due  from  the  Estate  of  the  said 
deceased  amount  to  £17.7.11  more  than  the  personal  Estate.  That 
the  sale  of  so  much  of  the  said  Real  Estate  as  will  be  sufficient  to 
pay  and  discharge  the  said  debt,  will  leave  the  remainder  unfit  for 
a  settlement.  And  praying  tliat  she  may  be  impowered  to  make  sale 
of  the  whole  thereof. 

[Read  and] 

Resolved  ilvdt  the  prayer  of  the  foregoing  Petition  be  granted,  and 
the  Petitioner  be  and  she  accordingly  is  hereby  fully  impowered  to 
make  sale  of  the  whole  of  the  Real  Estate  mentioned  in  her  Petition 
for  the  most  the  same  will  fetch,  and  make  and  execute  a  good  and 
sufficient  deed  thereof,  she  observing  the  rules  of  the  Law  respect- 
ing the  sale  of  Real  Estates  by  Executors  &  administrators  and  giv- 
ing sufficient  security  to  the  Judge  of  Probate  for  the  County  of 
Essex  that  the  proceeds  of  said  sale  be  api^lied  as  followeth  viz'  that 
the  Widow  shall  have  the  use  of  one  third  of  such  proceeds  in  lieu 
of  her  dower  during  her  natural  life  and  after  her  decease  the  prin- 
cipal shall  be  paid  to  the  Heirs  of  the  deceased  or  their  legal  Repre- 
sentatives, and  the  other  two  thirds  shall  be  applied  to  the  payment 
of  the  deceaseds  just  debts,  and  the  remainder  be  put  to  interest  and 
paid  to  the  respective  Heirs  when  they  shall  arrive  at  full  age  in 
such  proportions  as  they  could  inherit  in  case  the  said  Estate  had 
not  been  sold.      [Passed  May  21. 

[801] 


802 


Province  Laws  {^Resolves,  etc.) .  — 1774. 


[Chaps.  2,  3.] 


CHAPTER    2, 


RESOLVE   ESTABLISHING   THE   GARRISON   AT  FORT  POWNALL   AND  THE 
WAGES   OF   OFFICERS   AND   MEN. 

RTOords'of  the  Resolvecl  that  there  be  an  Establishment  for  Twenty  one  Men 
Council,  XXX.,  officers  Included  for  Fort  Pownall  at  Ponopscot  and  that  their 
Archives^,*'  Wages  be  fixed  at  the  following  Eates  to  Continue  for  one  year 
^^^^-  '-'^-         from  the  20*"  June  next  to  the  20'"  June  1775 

One  Lieutenant  P  month £2.  10.  0 

One  Cmiplain  V  ditto 4.  0.  0 

One  Interpreter  V  ditto 2.  10.  0 

One  Gunner  P  ditto  . 2.  5.  0 

One  Armourer  V  ditto 1,  10.  0 

one  Seargent  V  ditto 1.  10. 

fifteen  privates  t^  ditto 1.  4.  0 


{Passed  May  28. 


CHAPTER    3, 


RESOLVE    IMPOWERING    JAMES    BRIANT    TO    SELL    REAL    ESTATE     AND 
MAKING   PROVISION    IN   REGARD   TO   THE    PROCEEDS. 


Legislative 
Records  of  the 
Council,  XXX., 
•267. 

Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  James  Briant  and  of  the  Guardians  of  Amos 
Briant,  Lydia  Briant  and  Hepzibah  Briant  Setting  forth  That 
James  Briant  late  of  Reading  deceased,  Father  of  the  abovenamed 
James,  Amos,  Lydia  and  Hepzibah  died  siezed  of  a  small  Real 
Estate  in  said  Reading  apprized  at  about  £120;  the  one  third 
whereof  is  improved  by  the  Widow  as  her  dower,  and  that  the 
other  two  thirds  will  not  admit  of  a  division  without  spoiling  the 
whole.  And  praying  that  the  same  may  be  sold  for  the  benefit  of 
the  Heirs. 

[Read  and] 

Resolvecl  that  the  prayer  of  the  Petition  be  granted,  and  that  the 
Petitioner  James  Briant  be  and  he  is  hereby  impowered  to  make 
sale  of  the  Estate  mentioned  in  the  Petition  for  the  most  the  same 
will  fetch  and  to  make  and  execute  a  good  deed  or  deeds  thereof  in 
Law  to  the  purchaser  or  purchasers,  he  observing  the  rules  of  the 
Law  for  the  sale  of  Real  Estates  by  Executors  and  administrators 
and  giving  security  to  the  Judge  of  Probate  for  the  County  of  Mid- 
dlesex that  the  money  arising  by  means  of  said  sale  be  applied  and 
paid  in  the  following  manner  viz'  such  part  and  proportion  thereof 
as  by  Law  belongs  to  those  Heirs  that  are  of  full  age  to  be  paid 
them  as  soon  as  may  be  after  the  sale  of  said  Estate  and  such  part 
and  proportion  thereof  as  by  Law  belongs  to  those  of  the  Heirs  that 
are  minors,  to  be  put  out  to  interest  and  paid  to  them  as  they  re- 
spectively arrive  at  lawful  age.     {Passed  May  28. 


[1st  Sess.]     Province  Liaws  (Besolves,  etc.).  —  1774.  803 


CHAPTEK    4. 

RESOLVE  IMPOWERING  JOHN   THAXTER    TO    SELL    REAL    ESTATE    AND 
MAKING  PROVISION  IN  REGARD  TO   THE   PROCEEDS. 

A  Petition  of  Abigail  Thaxter  and  Samuel  Thaxter  both  of  Hing-  Legisi.ative 
ham  Exec"  of  the  last  Will  and  Testament  of  Samuel  Thaxter  Esq'  ^.-r™,":!?  "l*; 
late  of  Bridgewater  deceased  Setting  forth  That  the  said  Testator 


died  siezed  of  a  Hoiise  and  Barn  and  about  Sixty  acres  of  Land  in  Province 
the  said  Bridgewater,  the  improvement  of  which  he  devised  to  the  chi^^'io.''  '  ' 
said  Abigail  the  whole  term  she  should  remain  his  Widow  for  her 
support  and  to  enable  her  to  bring  up  his  Children,  but  that  the 
same  is  insufficient  for  the  jjurpose.  And  praying  that  they  may  be 
impowered  to  make  sale  of  the  said  Estate. 

[Read  and] 

Resolved  that  the  prayer  of  the  Petition  be  so  far  granted  as  that 
John  Thaxter  Esq'  be  and  hereby  is  impowered  to  make  sale  of  the 
Real  Estate  mentioned  in  this  Petition  for  the  most  the  same  will 
fetch,  and  make  and  execute  a  good  Deed  or  Deeds  thereof  to  the 
purchaser  or  purchasers,  he  observing  the  rules  and  directions  of 
the  Law  respecting  the  sale  of  Real  Estates  by  Executors  and  ad- 
ministrators and  giving  sufficient  caution  to  the  Judge  of  Probate 
for  the  County  of  Suffolk  that  the  proceeds  of  such  sale  be  applied 
for  the  use  of  the  Widow  of  Samuel  Thaxter  Esq'  deceased  and 
his  Children  as  directed  in  his  last  Will  and  Testament.  [Passed 
May  28. 


CHAPTEK    5. 

RESOLVE  IMPOWERING  PHILLIPS   PAYSON  TO   SELL  REAL  ESTATE   AND 
MAKING  PROVISION  IN   REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Phillips  Payson  of  Walpole     Setting  forth  That  Legislative 
his  Son  Seth  Payson  is  intitled,  in  right  of  his  late  mother  who  was  councif,  x'x'x", 

a  daughter  of  John  Bullen  late  of  Medfield  deceased,  to  certain  Real  '^5£^ 

Estate  situate  in  Medfield  aforesaid  consisting  of  sundry  tracts  or  Province 

parcels  of  Land  with  a  dwellinghouse  thereon     That  the  dwelling  chap.'io.''     ' 

house  is  much  out  of  repair,  as  also  the  Fences  on  the  premises,  so 

that  the  Income  of  the  same  will  not  be  of  so  much  advantage  to 

the  said  Seth  as  would  the  interest  of  the  money  which  might  arise 

from  the  sale  thereof.  And  praying  that  he  may  be  impowered  to 

make  sale  of  the  same  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impowered 
to  make  sale  of  all  the  Estate  mentioned  in  his  Petition  for  the  most 
the  same  will  fetch  and  make  and  execute  a  good  and  sufficient  deed 
or  deeds  thereof,  he  observing  the  rules  and  directions  of  the  Law 
respecting  the  sale  of  Real  Estates  by  Executors  &  administrators 
and  giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Suffolk  that  the  proceeds  of  such  sale  shall  be  put  to  interest  for 
the  benefit  of  the  Heir  at  Law,  and  the  principal  and  interest  be 
paid  to  him  when  he  shall  arrive  at  full  age.     \Passed  May  28. 


804 


Province  Laws  {Resolves,  etc.) .  — 1774. 


[Chaps.  6,  7.] 


CHAPTEE    6. 


RESOLVE   CONFIRMING    A 


DEED    EXECUTED    BY  MARY    ELLIOT,  GUAR- 
DIAN. 


liCglalatlve 
Records  of  the 
Council,  XXX., 


Province 
Laws,  11., 
cUap.  10. 


A  Petition  of  Mary  Eliott  of  Charlestown  in  the  Province  of 
Soutii  Carolina  Widow  as  Guardian  to  her  Children  Elizabeth  Burn- 
ham  Eliott  and  Henrietta  Eliott  Minors  Setting  forth  That  the 
said  mirpors,  together  with  the  Petitioner,  Kobert  Cochrean  and 
Mary  his  Wife  and  James  Darby  and  Margaret  his  Wife,  all  of 
Charlestown  aforesaid  being  siezed  in  fee  of  a  certain  Brick  dwell- 
ing house  and  Land  situate  in  Kings  Street  in  Boston  in  this  Prov- 
ince commonly  called  the  British  Coffe  House,  did  by  a  certain  Deed 
executed  the  16  day  of  July  last  for  a  valuable  consideration,  sell 
and  convey  the  same  That  the  Petitioner  as  Guardian  to  her  said 
Children  signed  said  deed  conveying  their  interest  in  the  premises 
and  received  their  proportion  of  the  purchase  money ;  all  which  by 
the  Laws  of  South  Carolina  she  in  her  said  capacity  apprehended 
she  had  a  right  to  do,  but  that  she  is  informed,  according  to  the 
Laws  of  this  Province,  she  had  not  power,  as  Guardian,  to  convey 
the  same.  And  praying  that  she  may  have  power  from  this  Court 
for  that  purpose. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Deed  mentioned  in  said  Petition  already  executed  be 
confirmed  and  shall  operate  to  the  conveyance  of  the  said  Childrens 
right  in  the  premises  contained  in  said  Deed ;  provided  that  suffi- 
cient security  shall  be  given  to  the  Judge  of  Probate  for  the  County 
of  Suffolk,  by  persons  in  this  Province,  that  the  proceeds  arising 
from  the  sale  of  the  said  Childrens  right  in  the  premises  shall  be 
applied  for  their  benefit  according  to  the  Law  of  inheritance  in  this 
Province,  and  not  otherwise.     [Passed  May  28. 


CHAPTEE    7, 


RESOLVE  IMPOWERING  THE  TRANSFER  OF  THE  PAYMENT  OF  £9  ANNU- 
ALLY  TO   ROGER   HONEYWELL   FROM   MARCH   TO   OCTOBER. 


Legislative 
Records  of  the 
Council,  XXX., 
370.    Mass. 
Archives, 
Ixxx.,  727. 


Province 
Laws,  xlv.,  702 
chap.  176;  xvi. 
636,  chap.  164. 


The  Petition  of  Roger  Honeywell  [in  regard  to  pension]  being 
read 

Resolved  and 

Ordered  that  the  prayer  thereof  be  granted  and  that  the  sum  of 
Nine  pounds  heretofore  granted  and  Ordered  to  be  paid  out  of  the 
publick  Treasury  to  the  Petitioner  in  the  month  of  March  Annu- 
ally be  and  hereby  is  ordered  to  be  paid  Out  of  the  Province  Treas- 
ury Some  time  in  the  month  of  October  annually.  And  that  the 
Treasurer  of  the  Province  be  and  hereby  is  directed  to  pay  to  the 
s*  Petitioner  Such  part  of  the  Sum  afores'^  as  Shall  be  due  in  Octo- 
ber Next  &  that  the  Order  afores''  for  the  payment  of  Said  Sum  in 
the  month  of  March  hereafter  Cease  and  determine  So  far  as  respects 
the  Time  of  payment  thereof.     [Passed  May  28. 


[1st  Sess.]     Province  Laws  (Resolves,  etc.).  — 1774.  805 


CHAPTBE    8. 

RESOLVE    IMPOWERING    SUNDRY    GUARDIANS    TO    SELL    REAL    ESTATE 
AND   MAKING  PROVISION   IN  REGARD   TO  THE  PROCEEDS. 

A  Petition  of  Johu  Fisher  Guardian  to  Jonathan  Hunting,  Legislative 
Elisha  Hunting    Nathan    Hunting   and    Jabez    Hunting;   and    of  ^^^"^^'^f  "^^'^ 
Amos  Fuller  Guardian  to   Ebenezer   Hunting,  Asa  Hunting  and  27o. 
Amos  Hunting,  all  minors  &  Children  of  Ebenezer  Hunting  late  ProTinoe 
of  Hingham  Yeoman  deceased  intestate     Setting  forth  That  the  Jifali!io.'' ^"^' 
said  intestate  died  siezed  of  a  Real  and  personal  Estate  in  said 
Needham     that  the  personal  and  part  of  the  Real  Estate  is  sold 
for  the  payment  of  debts     that  an  incumbrance  remains   on   the 
residue  for  the  support  of  an  aged  Widow,  Ruth  Hunting  Grand- 
mother to  the  said  minors;  she  having  a  part  of  the  dwellinghouse 
and  a  certain  proportion  of  necessaries  during  life,  assigned  her  in 
the  Will  of  her  late  husband  Jonathan  Hunting  Father  of  the  said 
intestate     That  the  Children  of  the  said  intestate,  being  nine  in 
number,  are  seven  of  them  under  eighteen  years  of  age;  and  the 
two  youngest  have  been  and  are  a  constant  charge  to  their  Guar- 
dian for  their  support     That  the  Buildings  being  old  often  need 
repairs,  and  the  Rent  of  the  said  Estate  is  so  inconsiderable  that  it 
[would]  be  of  advantage  to  all  concerned  if  the  said  Real  Estate  should 
be  sold;  and  David  Mills  and  his  Wife  Elizabeth,  and  William  Fuller 
and  his  Wife  Sarah,  who  are  also  Children  of  the  said  intestate, 
are  desirous  thereof.  And  praying  that  they  may  be  impowered  to 
sell  the  same  accordingly,  saving  to  the  said  Ruth  her  privilege  in 
the  House  as  aforesaid. 

[Read  and] 

Resolved  that  the  prayer  of  said  Petition  be  granted,  and  that  the 
Petitioners  be  and  they  are  hereby  impowered  to  make  sale  of  the 
Estate  mentioned  in  the  Petition  for  the  most  the  same  will  fetch, 
and  to  make  and  execute  a  good  deed  or  deeds  thereof  in  Law  to 
the  purchaser  or  purchasers  (saving  and  reserving  to  the  Widow 
Ruth  Hunting  her  right  in  the  dwellinghouse  as  given  her  by  the 
last  Will  and  Testament  of  her  late  husband  Jonathan  Hunting 
deceased  during  her  natural  life)  they  observing  the  rules  of  the 
Law  for  the  sale  of  Real  Estates  by  Executors  and  administrators 
and  giving  sufficient  caution  to  the  Judge  of  Probate  for  the  County 
of  Suffolk  that  the  money  arising  by  means  of  said  sale  be  put  to 
interest  and  be  applied  to  the  following  purposes  viz'  so  much  as 
is  necessary  to  find  and  provide  the  provision  and  necessaries  and 
pay  the  Legacy  to  the  Widow  Ruth  Hunting  aforesaid  yearly  as 
ordered  in  and  by  the  last  Will  and  Testament  of  her  late  husband 
as  aforesaid  deceased,  and  that  so  much  thereof  as  is  reasonable  and 
shall  be  allowed  by  the  Judge  of  Probate,  be  paid  to  the-  Guardian 
of  the  two  youngest  minors  for  his  past  and  future  charge  in  nursing 
and  providing  for  them,  and  that  the  whole  of  said  Estate  both  prin- 
cipal and  interest  after  the  decease  of  said  Widow  Ruth  Hunting  be 
divided  to  and  among  the  right  Heirs  in  the  same  proportion  as  they 
would  have  inherited  in  case  said  Estate  had  not  been  sold. '  [Passed 
May  28. 

^  Adjourned  to  June  7 — Legislative  Records  of  the  Council,  xxx.,  272. 


806 


Province  Laws  {Resolves,  etc.).  — 1774.  [Chaps.  9,  10.] 


CHAPTEK    9 


ORDER  DENYING  THE  PETITION  OF  THE  DISTRICT  OF  AMHERST  FOR 
A  DIVISION  INTO  TWO  PARISHES,  AND  AUTHORIZING  THE  PAYMENT 
OF   SUNDRY   CHARGES. 


Legislative 
Records  of  the 
Council,  XXX., 


On  the  Petition  of  Josiah  Chauncy  Esq'  &  others  Inhabitants 
of  the  District  of  Amherst  in  the  County  of  Hampshire  praying  for 
relief  against  a  vote  of  the  Inhabitants  of  said  District  for  erecting 
two  meeting  houses,  in  answer  to  which  Petition  the  Respondents 
have  inserted  a  prayer  that  the  said  District  may  be  divided  into 


Province 

L.aw8,  v.,396, 

chap.  S;  411, 

note.    Ante^         ,  -n      •   i 

p.  761.  chap.  87.  two  rarisnes. 

Ordered  that  as  it  is  apparently  unreasonable  and  inexpedient 
that  there  should  be  any  more  than  one  Parish  in  the  said  District, 
therefore  the  Petition  contained  in  the  said  answer  be  dismissed ; 
and  that  the  prayer  of  the  Petition  of  Josiah  Chauncy  Esq'  and 
others  and  also  the  Petition  of  Elijah  Morton  and  others  nonresi- 
dent proprietors  of  Lands  in  said  District  be  so  far  granted  that 
the  Petitioners,  their  Heirs  and  assigns  holding  the  same  Estates 
which  are  at  present  held  by  them  be  and  hereby  are  exempted  from 
the  payment  of  any  Rates  or  Taxes  that  are  or  may  be  raised,  granted 
or  assessed  on  them  for  the  purpose  of  erecting  or  finishing  any  new 
meeting  house  or  meetinghouses,  except  one  meetinghouse  only  to 
be  erected  for  the  accommodation  and  use  of  the  whole  District  and 
in  such  place  or  spot  of  ground  in  the  said  District  as  that  such 
meetinghouse  may  be  reasonably  intended  to  have  beeia  placed  and 
erected  there  for  the  convenience  and  accommodation  of  all  the  In- 
habitants of  said  District  to  meet  and  assemble  in  for  public  wor- 
ship and  from  the  payment  of  all  Rates  or  Taxes  for  the  support 
of  any  minister  or  Preacher  but  such  as  shall  oflBciate  there  or  in 
the  present  meeting  house :  and  that  all  assessments  made  on  said 
Petitioners  or  their  Estates  contrary  to  this  Order  shall  be  and 
hereby  are  declared  null  &  void  and  it  is  further 

Ordered  that  the  Inhabitants  of  the  said  District  pay  unto  the 
original  Petitioners  for  their  costs  and  charges  in  and  about  pros- 
ecuting and  supporting  their  said  Petition,  the  sum  of  twenty  eight 
pounds,  fifteen  shillings  and  eight  pence,  and  that  the  Treasurer  of 
the  said  District  be  and  hereby  is  impowered  and  directed  to  pay 
the  same  oiit  of  the  Treasury  accordingly:  and  that  the  sum  of  thirty 
pounds,  nine  shillings  and  two  pence  be  paid  out  of  the  Province 
Treasury  to  the  Committee  appointed  at  the  last  Session  of  the  Gen- 
eral Court  to  repair  to  Amherst  for  their  time  and  exfjence  in  the 
affair,  and  that  the  same  be  laid  on  the  said  District  in  the  next 
Province  Tax.      \^Passed  June  10. 


CHAPTER    10. 

RESOLVE    CONFIRMING    A    PLAN    OF    11,000    ACRES    OF    LAND    TO    CAP^ 
HENRY  YOUNG  BROWN. 


Legislative  Resolved  that  the  Plan  of  the  Tract  of  Land  hereunto  annexed 

Records  of  the  /-i       t    tt  -xr  -r»  *        m     -..i      -.  ^.^  •     • 

Council,  XXX.,  granted  to  Cap^  Henry  loung  rsrown  April  26.  1770  containing 
eleven  thousand  acres  (exclusive  of  one  thousand  two  hundred  and 
thirty  six  acres  for  Ponds  and  Swag  of  Chain)  bounded  as  follows 


Mass. 
Archives,  ^ 


[1st  Sess.]     Province  Laws  {ReKolveK,  etc.).  — 1774.  807 

viz'  begining  at  a  hemlock  tree  marked  IB  1770  standing  on  the  P^oyjocc^^ 
east  side  of  Saco  River  about  two  miles  down  said  River  on  a  strait  B^irdiapT  26, 
line  below  Rattle  snake  Pond,  said  Tree  stands  about  four  rods  ^^^;^y^^' 
below  a  small  Brook  which  empties  into  Saco  River,  thence  by  a  p^  457, chap, 
spotted  line  N  60  deg'  E  four  miles  to  a  hemlock  tree  marked  H3  ''"■ 
1770  thence  N  30  deg'  W  fifteen  hundred  and  sixty  rods,  thence 
N  63  deg''  W  thirteen  hundred  and  tliirty  rods  to  the  N  E  corner 
of  said  Browns  former  Grant  which  is  in  pleasant  Pond,  thence 
South  37  deg*  E  by  said  Browns  former  Grant  about  nineteen  hun- 
dred rods,  including  an  allowance  for  swag  of  Chain  to  a  maple  tree 
mark'd  IB  1768  which  is  the  S  E  corner  of  said  Browns  former 
Grant,  thence  S  60  deg'  W  to  Saco  River,  thence  down  by  Saco 
River  six  hundred  and  sixty  rods  upon  a  strait  line  to  the  first 
bound  mark,  be  accepted  and  hereby  is  confirmed  to  the  said  Henry 
Young  Brown  his  Heirs  and  assigns  forever,  he  complying  with  the 
following  conditions  viz'  that  he  do  give  Bond  with  sufficient  secu- 
rity to  the  Province  Treasurer  or  to  his  successor  in  said  office  to 
settle  the  same  with  twenty  good  Families,  each  of  which  in  the 
term  of  five  years  to  build  a  good  House  of  twenty  feet  by  eigliteen 
and  seven  feet  stud  and  clear  for  pasturage  or  tillage  seven  acres 
each,  and  that  he  also  out  of  the  premises  grant  one  sixty  fourth 
part  to  the  first  Protestant  minister  duly  settled  on  the  Land  granted 
to  said  Brown  by  the  General  Court  and  confirmed  to  him  on  the 
4  day  of  March  1767  one  sixty  fourth  part  for  the  use  of  the  Min- 
istry forever,  two  sixty  fourth  parts  for  the  use  of  Harvard  College, 
and  one  sixty  fourth  part  for  the  use  of  the  School  forever  within 
this  and  his  two  former  Grants  from  this  Court.  And  also  that  the 
Inhabitants  of  his  several  Grants  aforesaid  within  eight  years  settle 
a  Protestant  Minister  among  them  Provided  it  doth  not  exceed 
the  quantity  of  acres  aforesaid  nor  interfere  with  any  former  Grant ; 
provided  the  said  Henry  Young  Brown  give  the  Government  a  Quit 
claim  for  all  the  Lands  included  in  the  Township  sold  him  by  this 
Government  in  the  year  1764  that  are  between  Warren  &  Bryants 
Lines,  excepting  twenty  two  hundred  acres  already  sold  to  sundry 
persons  and  also  one  hundred  acres  taken  out  of  his  own  Farm,  said 
Quit  claim  to  be  lodged  as  soon  as  may  be  in  the  Secretarys  office 
for  the  use  of  the  Province.      \_Passed  June  10. 


CHAPTEK    11. 

RESOLVE  REMITTING   £12  FINE   TO   THE   TOWN   OF  NEEDHAM   FOR  NOT 
SENDING   A   REPRESENTATIVE. 

A  Petition  of  the  Selectmen  of  the  Town  of  Needham     Praying  Legislative 
that  the  Fine  laid  on  the  said  Town  for  not  sending  a  Representative  coHnc'if,  xVx.? 
to  the  General  Court  in  the  year  1773  may  be  remitted.  Archive^^^' 

[Read  and]  cxviii.,  sck.  ' 

Resolved  that  the  prayer  be  So  far  granted,  that  there  be  allowed  province 
and  paid  out  of  the  publick  Treasury  into  the  hands  of  the  Select-  ^ifap^ilj'ies,' 
men,  for  the  use  of  the  Town  of  Needham  twelve  pounds  being  the  note. 
Sum  assess'd  on  the  Said  Town  for  Neglecting  to  Return  a  Repre- 
sentative to  the  General  Assembly  in  the  year  1773.    [Passed  June  10. 


Provin'ce  LiAws  {Besolves,  etc.).  — 1774.  [Chaps.  12-14.] 


CHAPTEE    12. 

RESOLVE   REMITTING   £6   FINE   TO   THE   TOWN  OF  WAREHAM   FOR  NOT 
SENDING   A   REPRESENTATIVE. 


Legislative 
Records  of  the 
Council,  XXX., 

279. 


Archives,!., 
514.    Province 
Laws,  v., 311, 
chap.  14;  368, 
note. 


A  Petition  of  the  Selectmen  of  Wareham  in  the  County  of  Plym- 
outh Praying  that  the  Fine  laid  on  the  said  Town  for  not  sending 
a  Eepresentative  the  last  year  may  be  remitted. 

[Read  and] 

Resolved  that  the  sum  of  Six  pounds  laid  on  the  Town  of  "Ware- 
ham  by  the  General  Court  at  their  Session  in  May  1773  as  a  fine  for 
not  sending  a  Eepresentative  be  remitted,  and  that  the  sum  of  Six 
pounds  be  paid  out  of  the  jDublic  Treasury  of  this  Province  to  Cap' 
Ebenezer  White  for  the  use  of  the  said  Town  of  Wareham,  they 
having  been  taxed  for  the  same.      [Passed  June  11. 


CHAPTEE    13. 

RESOLVE   ASSESSING   £36.  6  TO    THE    DISTRICT    OF    NORTHBRIDGE    AND 
ALLOWING  SAME   AMOUNT  TO   THE   TOWN  OF   UXBRIDGE. 


Legislative 
Records  of  the 
Council,  XXX., 


Province 
Laws,  v.,  395, 
chap.  S;  412, 
note. 


Upon  the  Petition  of  Joseph  Eeed  in  behalf  of  the  Town  of 
Uxbridge,  Eead  and 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  as  that 
the  sum  of  thirty  six  ijounds,  six  shillings  be  assessed  on  the  Dis- 
trict of  Northbridge  in  addition  to  their  Province  Tax  the  current 
year  and  by  them  be  paid  into  the  Province  Treasury,  and  that 
there  be  paid  out  of  the  Province  Treasury  to  the  Town  of  Ux- 
bridge the  said  sum  of  thirty  six  pounds,  six  shillings,  being  so 
much  assessed  last  year  on  the  Town  of  Uxbridge  which  ought  to 
have  been  assessed  on  the  Town  of  Northbridge.    [Passed  June  11. 


CHAPTEE    14. 

RESOLVE  ALLOWING  £24.  1. 3  TO  THE  TOWN  OF  PLYMOUTH  FOR  ONE 
HALF  THE  EXPENSE  OF  REPAIRS  TO  THE  EEL  RIVER  BRIDGE  AND 
A  FURTHER  AMOUNT  OF  £7  FOR  THE  EXPENSE  OF  THE  COMMITTEE 
THEREON. 


Legislative 
Records  of  the 
Council,  XXX., 
281.    Mass. 
Archives, 
cxxi.,  5-Jl. 

Legislative 
Records  of  the 
Council,  XXX., 

45,  159,  183. 
Province 
Laws,  v.,  412, 
note;  vii.,  98, 
chap.  69;  48S, 
note. 


The  Committee  appointed  the  19""  day  of  February  last  to  repair 
to  the  Town  of  Plymouth,  and  to  such  parts  of  the  County  of  Barn- 
stable as  they  might  think  necessary  and  hear  the  agents  of  the 
Town  of  Plymouth  and  of  the  County  of  Barnstable  relative  to 
the  repairs  of  Eell  River  Bridge  having  attended  the  service  and 
heard  the  parties,  made  report;  whereupon   the  following   Order 


In  Council,  Eead  &  accepted,  &  thereupon 

Resolved  that  the  sum  of  Twenty  four  Pounds  one  shilling  & 
three  pence,  be  paid  out  of  the  public  Treasury  to  the  Agents,  for 
the  Town  of  Plymouth,  for  the  use  of  said  Town,  being  the  one 
half  of  the  Expence  of  rebuilding  Eell  Eiver  Bridge  aforesaid,  in 
the  year  1770,  as  set  forth  in  said  Petition,  and  that  the  said  Sum 


[1st  Sess.]     Province  Laws  {Resolves,  etc.). — 1774.  809 

of  Twenty  four  Pounds  one  sliilling  &  three  pence,  and  also  the 
sum  of  Seven  Pounds  in  full  for  the  time  &  Expences  of  the  Com- 
mittee appointed  as  abovesaid  be  paid  out  of  the  jiublic  Treasury, 
and  laid  on  the  several  Towns  within  the  County  of  Barnstable,  in 
the  next  Tax  Act  in  proportion  to  their  Province  tax,  and  that  for 
the  future,  the  said  County  of  Barnstable,  be  discharged  from  pay- 
ing any  further  sum  towards  the  building  or  repairing  the  Bridge 
over  Eell  River  aforesaid 

In  the  House  of  Representatives 
Read  &  Concurrd  (the  House  reserving  to  itself  the  Right  of 
originating  Taxes).      [Passed  June  11.' 


CHAPTEK    15. 

ORDER  IMPOWERING  THE  JUDGE  OF  PROBATE  FOR  THE  COUNTY  OF 
CUMBERLAND  TO  GRANT  LETTERS  OF  ADMINISTRATION  DE  BONIS 
NON  ON  AN  ESTATE. 

A  Petition  of  John  Rowe  Esq'  and  others  Creditors  of  James  Legislative 
Hope  late  of  Falmouth   in  the  County  of  Cumberland  merchant  ^^"/cUx'x'x.* 
deceased     Setting  forth,  That  in  the  year  1765  the  said  James  -»-■ 
Hope  died,  having  some  time  before  made  a  Will  and  appointed 
his  Wife  sole  Executrix  thereof     That  the  said  Executrix  instead 
of  executing  her  said  trust  with  fidelity  or  distributing  the  Estate 
of  her  Testator  according  to  Law,  she  has  wasted  thereof  and  ren- 
dered the  Estate  Insolvent  and  has  absconded  and  is  not  like  to 
return,  so  that  the  Creditors  are  in  danger  of  being  deprived  of 
their  lawful  demands.     And  praying  that  the  Judge  of  Probate  for 
the  said  County  may  be  impowered  to  grant  administration,  with 
the  Will  annexed,  on  the  Estate  of  the  said  deceased  to  one  or  more 
of  the  principal  Creditors;  the  said  Executrix  being  alive  notwith- 
standing. 

[Read  and] 

Ordered  that  the  prayer  thereof  be  so  far  granted  as  that  the 
Judge  of  Probate  for  said  County  of  Cumberland  be  and  hereby  is 
impowered  and  directed  to  grant  Letters  of  administration  de  bonis 
non,  with  the  Will  annexed,  to  one  or  more  of  the  principal  Cred- 
itors to  the  said  James  Hope,  they  complying  with  the  rules  &  direc- 
tions of  the  Law  in  such  cases  made  and  provided ;  the  said  Mary 
Hope  being  now  alive  notwithstanding.     [Passed  June  11. 


CHAPTBE    16. 

RESOLVE  IMPOWERING  JOHN  APPLETON,  GUARDIAN,  TO  JOIN  WITH 
OTHER  HEIRS  IN  THE  SALE  OF  REAL  ESTATE  AND  MAKING  PRO- 
VISION  IN  REGARD   TO   THE   PROCEEDS. 

A  Petition  of  Henry  Gibbs,  Josiah  AVillard  Gibbs  and  John  Legislative 
Appleton  Guardian  for  William  Gibbs  a  minor     Setting  forth  That  coSnc'if  xxx! 
the  said  Henry,  Josiah  Willard  and  William  are  joint  owners  of  two  282-  Mass. 
certain  tracts  or  parcels  of  waste  Lands  lying  in  the  District  of  ^^^'^'^«^' ^'^•• 

'  This  date  is  accordisg  to  Mass.  Archives ;  according  to  Legislative  Records  of  the 
Council  the  date  is  June  14. 


810 


Pkovinoe  Laws  (^Resolves,  etc.).  — 1774.  [Chap.  17.] 


Spencer  in  the  County  of  Worcester,  and  also  of  one  small  tract  of 
Land  lying  in  Lnnenburgh  in  tlie  same  County ;  That  the  said  Tracts 
bring  in  no  income  but  on  the  contrary  the  care  of  them  is  attended 
with  considerable  expence;  that  they  have  now  an  opportunity  of 
disposing  of  said  Lands  to  great  advantage  and  a  partition  thereof 
cannot  be  made  amongst  the  owners  without  great  prejudice  to  the 
Estate.  And  praying  that  the  said  John  Appleton,  in  his  said  caijac- 
ity,  may  be  impowered  to  join  with  the  said  Henry  and  Josiah  Wil- 
lard  Gibbs  in  the  sale  of  the  premises. 

[Read  and] 

Eesolved  that  the  Prayer  of  the  foregoing  Petition  be  Granted, 
and  that  the  Petitioner  John  Appleton  the  Guardian  to  Said  Minor 
be  and  he  accordingly  is  hereby  fully  Impowered  to  Join  with  the 
Said  Henry  Gibbs  and  Josiah  Willard  Gibbs  in  the  Sale  of  the  Tracts 
of  Land  in  this  Petition  mentioned  and  make  and  Execute  a  Good 
&  Sufficient  Deed  of  his  Wards  Part  or  Right  in  the  Same  which 
shall  as  Effectually  Convey  the  Same  as  if  His  Said  Ward  was  of 
full  age  and  Conveying  the  Same  Provided  that  before  Such  Con- 
veyance he  Shall  Give  Good  &  Sufficient  Security  to  the  Judge  of 
Probate  for  the  County  of  Essex  that  that  part  of  the  proceeds  of 
Such  Sale  which  Shall  of  Right  belong  to  his  Said  Ward  Shall  be 
put  to  Intrest  for  his  benifit  and  be  i^aid  to  him  when  he  Shall  arrive 
to  the  age  of  Twenty  &  one  Years  or  to  his  Legal  Representiues  in 
Case  of  His  Decease  before  that  time.     \^Passed  Jtme  14. 


Legislative 
Records  of  tlie 
Council,  XXX., 


CHAPTEE    17. 

RESOLVE  IMPOWERING  JOSIAH  LOCKE  AND  GEORGE  WILLIAMS,  GUARD- 
IANS, TO  SELL  REAL  ESTATE  AND  MAKING  PROVISION  IN  REGARD 
TO   THE   PROCEEDS. 

A  Petition  of  Josiah  Locke  Guardian  of  Barsheba  Burnet  a 
minor  and  daughter  of  John  Burnet  late  of  Oxford  deceased,  and 
of  George  Williams  Guardian  of  Hannah  Burnet  a  minor  and 
daughter  of  said  deceased  Setting  forth.  That  John  Burnet  late 
of  Hardwick  deceased,  died  without  issue  and  left  a  Real  Estate 
situate  in  said  Hardwick,  containing  about  one  hundred  acres,  ap- 
prised at  £69.6.8  That  the  personal  Estate  of  the  said  deceased  is 
insufficient  to  pay  his  just  debts  That  the  sale  of  part  of  said  Land 
will  be  a  great  damage  to  the  remainder  That  the  Heirs  to  the 
said  Estate  are  eight  in  number  and  all  females,  for  whose  advan- 
tage it  will  be  if  the  whole  of  the  said  Real  Estate  should  be  sold. 
And  praying  that  they  may  be  impowered,  in  their  said  capacity, 
to  join  with  the  other  Heirs  in  the  sale  of  the  premises. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted, 
and  the  Petitioners  be  and  they  accordingly  are  hereby  fully  im- 
powered to  join  with  the  other  Heirs  of  the  deceased  in  the  sale  of 
the  Estate  mentioned  in  this  Petition  which  shall  fully  convey  their 
Wards  right  in  the  same,  provided  they  give  sufficient  security  to 
the  Judge  of  Probate  for  the  County  of  Worcester  that  the  proceeds 
of  such  sale  which  doth  of  right  belong  to  their  respective  Wards, 
shall  be  put  to  interest  and  the  interest  and  principal  shall  be  re- 
spectively paid  to  them  as  they  shall  arrive  at  full  age,  their  pro- 
portion of  the  debts  of  the  deceased  and  costs  of  administration 
being  first  deducted.      \^Passed  June  14. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  —  1774.  811 


CHAPTER    18. 

RESOLVE   REMITTING   £12   FINE  TO  THE   TOWN   OF   MEDWAY    FOR    NOT 
SENDING   A   REPRESENTATIVE. 

A  Petition  of  Jonathan  Adams  agent  for  the  Town  of  Med-  {^gj?j,rds'of  the 
way  Praying  that  a  Fine  laid  on  the  said  Town  for  not  sending  a  councu,  xxx., 
Representative  to  the  General  Conrt  the  last  year,  may  be  remitted.  Archives?!.,    * 

[Read  and]  "'•'• 


Resolved  that  the  prayer  of  the  foregoing  Petition  be  Granted  ^ass.^^^  ^ 
and  the  fine  laid  upon  the  Town  of  medway  mentioned  in  this  Peti-  518.   Province 
tion  being  twelve  pounds  be  accordingly  Remitted  to  them  And  the  Ji,*^^u;' gj!^; 
province  treasurer  is  accordingly  Directed  to  pay  to  Capt  Jonathan  note. 
Adams  for  the  use  of  Said  Town  the  Said  Sum  it  appearing  that 
they  have  been  assessed  for  the  Same.      \^Passed  June  14. 


CHAPTER    19. 

RESOLVE  ACCEPTING  REPORT  OF  COMMITTEE  APPOINTED  TO  EXAMINE 
TITLES  TO  LAND  ON  TAUCONICK  MOUNTAIN  AND  CONFIRMING  LAND 
TO   SUNDRY  PERSONS. 

On  the  report  of  the  Committee,  (Maps  and  Plans,  Mis.,  xiv.,  Lcsiei.itive 
21)  Appointed  on  the  Petition  of  Nathan  Benjamin  to  repair  to  J^uu°"u, "xx" .^ 
Taucounick  Mountain  there  to  make  Enquiry  and  Determine  who  '-wii-   Mass. 
are  the  Original  Purchasers  their  heirs  and  Assigns  And  who  ought  crxMii.,  ut. 
to  be  Admitted  Grantees  of  the  land  mentioned  in  said  Petition        Maps  and      ~ 

Resolved  that  the  said  report  be  Accepted,  and  that  there  be,  and  xiv'^^/m  " 
hereby  is  granted  and  Confirmed  to  the  Several  persons  named  in  i'rovince" 
said  report  their  heirs  and  Assigns,  the  lands  therein  mentioned,  37'^notel'.' 
to  be  Holden,  as  by  said  report  and  Plan  is  particularly  described  ■^^^^' \^2^' 
and  Delineated  the  said  Grantees  paying  therefor  in  to  the  Prov- 
ince Treasury  or  they  giveing  Sufficient  Security  within  Six  months 
from  this  date  to  the  Province  Treasurer  for  the  payment  of  the 
Sum  of  Two  Hundred  and  forty  pounds  lawfuU  money  within  two 
ye'&.rs  from  &  after  this  Day,  with  the  lawful!  interest  of  the  Same 
Sum  from  the  fifteenth  Day  of  may  ADom  17fJ6  untill  the  same 
Shall  be  paid.      \^Passed  June  14. 


CHAPTER    20. 

RESOLVE  LIMITING  THE   INTEREST    ON    GOVERNM'^   SECURITIES    DUE 
THIS   MONTH   OF   JUNE,  1774. 

Whereas  there  Will  become  Due  in  this  Month  Sundry  notes  Legislative 
Given  by  the  Province  Treasurer;  and  Sufficient  Provision  having  councif  xx'x." 
been  made  for  the  paying  of  the  same  and  if  the  possessors  of  Such  288.   Siaas. 
notes  Should  not  bring  them  in  to  the  treasurer  to  be  paid  the  Prov-  ese?   ^'^^'  *^  ^'' 
ince  will  Suffer  Damage  by  Such  neglect  Province       ' 

therefore  ^h&^'s''^'"' 

Resolved  that  the  possessors  of  Such  notes  who  Shall  not  bring 
them  to  the  Province  treasurer  to  be  paid  by  the  Last  Day  of  July 
next  Shall  not  Receive  any  Intrest  on  the  same  after  that  time  and 


812 


Pkovince  Laws  {Resolves,  etc.),  — 1774. 


[Chaps.  21-23.] 


the  Province  treasurer  is  hereby  Directed  forthwith  to  Cause  this 
order  to  be  Published  in  all  the  Boston  News  Papers  three  week 
Successively  that  Every  one  Concrerned  may  be  notified  hereof. 
[Passed  June  15. 

CHAPTEK    21. 


Legislative 
Kecords  of  the 
Council,  XXX., 
289. 


RESOLVE  ALLOWING  THE  ACCOUNT  OF  THE  TREASURER  OF  PLYMOUTH 
*  COUNTY. 

The  account  of  John  Cotton  Treasurer  of  the  County  of  Plym- 
outh being  laid  before  the  Court  for  allowance  the  following  Order 
passed  thereon  viz' 

Whereas  it  appears  upon  examination  of  said  accounts  that  all 
the  monies  granted  and  allowed  by  the  Court  of  General  Sessions 
of  the  peace  for  said  County  for  the  year  1773  were  for  such  pur- 
poses and  appropriations  as  the  Law  impowered  the  said  Court  to 
grant;  therefore 

Resolved  that  said  account  be  allowed.     \^Passed  June  15. 


CHAPTER    22, 


Legislative 
Records  of  the 
Council,  XXX., 


RESOLVE   ALLOWING  THE   ACCOUNT   OF   THE    TREASURER    OF    ESSEX 
COUNTY. 

The  ACCOUNT  of  Michael  Farley  Treasurer  of  the  County  of  Essex 
being  laid  before  the  Court  for  allowance  the  following  Order  passed 
thereon  viz' 

Whereas  it  appears  upon  examination  of  said  accounts  that  all  the 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the 
peace  for  said  County  for  the  year  1773  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  grant;  there- 
fore 

Resolved  that  the  said  accounts  be  allowed.     \^Passed  June  15. 


CHAPTER    23, 


Legislative 
Records  of  the 
Council,  XXX., 


RESOLVE  ALLOWING  THE  ACCOUNT   OF    THE    COUNTY    TREASURER    OF 
THE  COUNTY  OF  DUKES  COUNTY. 

The  ACCOUNT  of  Beriah  Norton  Treasurer  of  the  County  of  Dukes 
County  being  laid  before  the  Court  for  allowance  the  following  Order 
passed  thereon  viz' 

Whereas  it  appears  upon  examination  of  said  account  that  all  the 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the 
peace  for  the  said  County  were  for  such  purposes  and  appropriations 
as  the  Law  impowered  the  said  Court  to  grant,  excepting  the  sum 
of  two  pounds  and  eight  shillings  paid  James  Athearn  Esq'  and  the 
sum  of  twenty  four  shillings  paid  James  Smith  which  do  not  appear 
were  such  as  said  Court  by  Law  had  a  right  to  grant  and  allow; 
therefore 

Resolved  that  the  said  account  be  allowed,  excepting  the  sums 
abovementioned.      \^Passed  June  15. 


[1st  Sess.]     Pkovince  Laws  {Resolves,  etc.).  — 1774.  813 


CHAPTEK    24. 

RESOLVE   REMITTING    £12    FINE    TO    THE    TOWN    OF    LEOMINSTER    FOR 
NOT  SENDING  A  REPRESENTATIVE. 

A  Petition  of  Israel  Nichols  of  Leominster,  in  behalf  of  the  said  glfor^g'jf  ti,e 
Town,  Praying  that  the  several  Fines  laid  on  the  said  Town  for  not  Council,  xxx., 
sending  a  Eepresentative  in  the  years  1771,  1772  &  1773  may  be  ^??^ 

remitted.  Archives,  l., 

Read  and  '^^^^  ^^''su'^^ 

Resolved  that  the  prayer  of  said  Petition  be  so  far  granted  that  cbap.'u-'ses,' 

there  be  paid  out  of  the  Province  Treasurer[y]  the  sum  of  twelve  '^°^' 

pounds  to  M'  Israel  Nichols  for  the  use  of  said  Town  of  Leominster; 

said  sum  being  added  to  their  Province  Tax  the  last  year.    \^Passed 

June  15. 


CHAPTEE    25. 

RESOLVE   REMITTING   £12  FINE   TO   THE   TOWN    OF    DUXBOROUGH    FOR 
NOT  SENDING  A  REPRESENTATIVE. 

A  Petition  of  George  Partridge  of  Duxborough  in  behalf  of  the  Legislative 
said  Town  Praying  that  a  fine  laid  upon  the  said  Town  for  not  send-  councif,  xx'x.t 
ing  a  Representative  to  the  General  Court  the  last  year,  may  be  -(to.  Mass. 

°  ^    ,     1   ^  J         '  J  Archives,  1., 

remitted.  528. 

Read  &  Mass. 

Resolved  that  the  Prayer  of  Said  Petition  be  Granted  &  that  the  g^^T^'^'p^oViilce 
Sum  of  Twelve  Pounds  be  paid  out  of  the  Province  Treasury  to  M''  Laws,  v.,3ii, 
George  Patridge  for  the  Use  of  the  Town  of  Duxborough  Said  note.'    ' 

Sum  of  Twelve  Pounds  being  added  to  their  Province  Tax  the  Last 
Year.     \^Passed  June  15. 


CHAPTER    26. 

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

The  ACCOUNT  of  Solomon  Otis  Esq''  Treasurer  of  the  County  of  glfords'onhe 
Barnstable  being  laid  before  the  Court  for  allowance  the  following  councu,  xxx., 
Order  passed  thereon  viz'  '^ 

Whereas  it  appears  upon  examination  of  said  account  that  all 
the  monies  granted  and  allowed  by  the  Court  of  General  Sessions 
of  the  peace  for  said  County  for  the  year  1773  were  for  such  pur- 
poses and  appropriations  as  the  Law  impowered  the  said  Court  to 
grant  and  allow ;  therefore 

Resolved  that  the  said  account  be  allowed.     [Passed  June  15. 


814 


Pkovince  Laws  {Resolves,  etc.).  — 1774.  [Chaps.  27-29.] 


CHAPTEE    27. 

RESOLVE  IMPOWERING  THE  SELECTMEN   OF  THE  TOWN   OF   BOOTHBAY 
TO    CALL   A   TOWN   MEETING. 

Refordfolthe       Resolved  that  the  prayer  of  the  Petition  (of  William  JPCobb  and 

couucii,  xxx.^  others  in  behalf  of  the  Town  of  Boothbay  in  the  County  of  Lincon) 

Archives,^'       be  granted  and  that  the  Select-Men  for  the  year  1773,  or  the  major 

cxviii..  834.       y^y.^  gf  them,  be,  and  hereby  are  authorised  and  Kequired  to  issue 

Mass.  out  their  Warrant  Directed  to  one  of  the  Constables  of  said  Town 

cxTm.,s33.        for  the  year  1773.  Kequiring  him  to  warn  the  Freeholders  and  other 

Inhabitants  Qualified  according  to  law  to  vote  in  Town  affairs  to 

meet  together  at  such  time  and  place  (in  said  Town)  as  shall  be 

expressed  in  said  warrant  to  Chuse  such  officers  as  Towns  by  law 

are  authorised  to  Chuse  in  the  Month  of  March  Anually.      [Passed 

June  15. 


CHAPTER    28. 


RESOLVE  REMITTING   £6    FINE    TO    THE    TOWN    OF    UPTON    FOR    NOT 
SENDING  A  REPRESENTATIVE. 


Legislative 
Records  of  the 
Council,  XXX., 
2al. 

Mass. 

Archives,  1., 
515.    Province 
Laws,  v.,  S14, 
chap.  14;  308, 
note. 


A  Petition  of  Abiel  Sadler  agent  for  the  Town  of  Upton  Pray- 
ing that  the  Fine  laid  on  the  said  Town  the  last  year  for  not  send- 
ing a  Eepresentative  may  be  remitted. 

[Bead  and] 

Resolved  that  the  prayer  be  granted  and  that  there  be  allowed 
and  paid  out  of  the  public  Treasury  into  the  hands  of  Abiel  Sadler 
for  the  use  of  the  Town  of  Upton  the  sum  of  Six  pounds,  being  the 
sum  assessed  on  said  Town  for  neglecting  to  return  a  Eepresentative 
to  the  General  assembly  in  the  year  1773.     \^Passed  June  16. 


CHAPTER    29. 

RESOLVE  REMITTING  £14  FINE   TO   THE  TOWN  OF  WESTFORD   FOR  NOT 
SENDING  A   REPRESENTATIVE. 


Legislative 
Records  ol  the 
Council,  XXX., 
280.    Mass. 
Archives,  1., 
530. 

Mass. 

Archives,  1., 
.''V29.    Province 
Laws,  v.,  309, 
chap.  14;  368, 
note. 


A  Petition  of  Joseph  Read  agent  for  the  Town  of  West- 
ford  Praying  that  the  Fine  laid  on  the  said  Town  for  not  send- 
ing a  Eepresentative  the  last  year  may  be  remitted. 

[Eead  and] 

Resolved  that  there  be  allowed  and  paid  out  of  the  Publick  Treas- 
ury into  the  hands  of  M'  Joseph  Eead  for  the  use  of  the  Town  of 
Westford  the  sum  of  fourteen  pounds  being  the  sum  assess**  on 
said  Town  for  neglecting  to  return  a  Eepresentative  to  the  Gen- 
eral Assembly  the  Last  year.      [Passed  June  16.^ 

'  This  date  is  according  to  Mass.  Archives ;  according  to  Legislative  Records  ot  the 
Council  the  date  is  June  II. 


[1st  Sess.]     Province  Laws  {Resolves,  etc.).  — 1774.  815 


CHAPTEK    30. 

RESOLVE  REMITTING  £.2^  FINE  TO  THE  TOWN   OF   DUNSTABLE  FOR  NOT 
SENDING   A   REPRESENTATIVE. 

A  Petition  of  Joseph  Daiiforth  and  others  in  behalf  of  the  Legislative 
Town  of  Dunstable  Praying  that  the  Fines  laid  on  the  said  Town  counc'irxxx.? 
in  the  years  1770  and  17'^3  may  be  remitted;  the  said  Town  being  ^^rchi^es^^' 
unable  in  those  years  to  send  a  Representative.  524. 

[Read  and]  Mass. 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  Granted  ^af'^Province 
and  the  fine  mentioned  in  their  Petition  being  Twenty  Nine  pounds  Y"'^'-T"'3n'''' 
in  the  whole  which  was  taxed  on  Said  Town  In  the  Year  1770  &  in  ciJapii*;  36s, 
the  Year  1773  bee  remitted  to  them  And  the  Province  Treasurer  is  "*"''• 
hereby  Directed  to  Repay  the  Same  out  of  the  i^rovince  Treasury  to 
John  Ting  Esq"  for  the  Use  of  Said  Town.      [Passed  June  16. 


CHAPTEE    31. 

RESOLVE   ALLOWING   THE    ACCOUNT    OF    THE    TREASURER    OF    YORK 
COUNTY. 

The  account  of  Daniel  Moultou  Esq''  Treasurer  of  the  County  Legislative 
of  York  being  laid  before  the  Court  for  allowance  the  following  councif  x^x'x* 
Order  passed  thereon  viz'  29-^- 

Whereas  it  appears  upon  examination  of  said  accounts  that  all  the 
monies  granted  and  allowed  by  the  Court  of  General  Sessions  of  the 
peace  for  said  County  for  the  year  1773  were  for  such  purposes  and 
appropriations  as  the  Law  impowered  the  said  Court  to  grant ;  there- 
fore 

Resolved  that  the  said  account  be  allowed.      [Passed  June  16. 


CHAPTEE    32. 

RESOLVE  REMITTING   £11   FINE   TO   THE   TOWN  OF   GRAFTON    FOR    NOT 
SENDING  A  REPRESENTATIVE. 

A  Petition  of  John  Sherman  agent  for  the  Town  of   Graf-  Legislative 
ton     Praying  that  the  Fines  laid  on  the  said  Town  in  the  years  council!  xxx".? 
1772,  and  1773  for  not  sending  a  Representative  may  be  remitted.     'xleibfytTi 
Read  and  sit.' 

Resolved  that  the  prayer  of  the  Petition  be  So  farr  Granted  that  Mass. 
their  be  allowed  and  paid  out  of  the  publick  Treasurey  the  Sum  of  6i6?'"province 
Eleven  pounds  to  the  Petitioner  for  the  use  of  said  Town  of  Graf-  -^^^aTir'aes' 
ton  in  full  of  the  Assesment  mentioned  in  Said  petition.     [Passed  note.' 
Ju7ie  16. 


816 


Province  Laws  {Resolves,  etc.).  — 1774.  [Chaps.  33,  34.] 


CHAPTBE    33, 


RESOLVE  IMPOWERING  MARY  EATON,  ADMINISTRATRIX,  TO  SELL   REAL 
ESTATE   AND   MAKING   PROVISION   IN   REGARD   TO    THE   PROCEEDS. 


Legislative 
Records  oithe 
Council,  XXX., 


Province 
Laws,  ii.,  151, 
chap.  10. 


A  Petition  of  Mary  Eaton  "Widow  of  Joseph  Eaton  late  of  Ded- 
ham  deceased  and  administratrix  of  his  Estate  Setting  forth,  That 
the  said  deceaseds  Personal  Estate  is  insufficient  to  pay  his  just 
debts,  and  that  he  died  siezed  of  a  House  and  Barn  and  about 
thirty  four  acres  of  Land ;  some  part  of  which  is  very  poor  swampy 
Land  That  the  sale  of  part  of  the  premises  will  be  a  great  dam- 
age to  the  remainder.  And  praying  that  she  may  be  enabled  to  make 
sale  of  the  whole  thereof  for  the  payment  of  debts  and  for  the  sup- 
port of  herself  and  Child ;  with  wliich  she  was  pregnant  at  the  death 
of  her  said  Husband  in  Septem'  last. 

[Eead  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
the  Petitioner  be  and  she  accordingly  is  liereby  fully  imj)owered  to 
make  sale  of  the  whole  of  the  Eeal  Estate  in  her  Petition  mentioned 
for  the  most  the  same  will  fetch,  and  make  and  execute  a  good  and 
sufficient  deed  or  deeds  thereof,  she  observing  the  rules  and  directions 
of  the  Law  for  the  sale  of  Eeal  Estates  by  Executors  and  adminis- 
trators and  giving  sufficient  security  to  the  Judge  of  Probate  for  the 
County  of  Suifolk  that  the  proceeds  of  the  said  sale  shall  be  applied 
for  the  payment  of  such  debts  of  the  deceased  as  the  personal  Estate 
is  not  sufficient  to  pay  and  that  the  Widow  shall  be  allowed  tlie  in- 
terest of  one  third  part  of  such  proceeds  during  her  natural  life  in 
lieu  of  dower,  and  the  residue  shall  be  put  to  interest  for  the 
benefit  of  the  Heir  who  shall  when  of  age  receive  the  principal  and 
interest,  excepting  such  parts  as  the  Judge  of  Probate  may  allow  for 
her  support  during  her  infancy,  also  that  the  Widows  third  be  paid 
to  said  Heir  or  her  legal  Eepresentative  immediately  after  her  said 
mothers  decease.     [Passed  June  16. 


CHAPTEE    34. 

RESOLVE  REMITTING   £12  FINE   TO   THE  TOWN  OF  LITTLETON  FOR  NOT 
SENDING   A   REPRESENTATIVE. 


Legislative 
Records  of  the 
Couiicil,  XXX., 
2a4.    Mass. 
Archives,  1., 
633. 

Mass. 

Archives,  1., 
b'il.    Province 
Laws,  v.,  309, 
chap.  14;  369, 
note. 


A  Petition  of  Josiah  Hartwell  of  Littleton,  in  behalf  of  the  said 
Town,  Praying  that  the  sum  of  thirty  six  pounds  assessed  on  the 
said  Town,  the  three  last  years,  for  not  sending  a  Eepresentative 
may  be  remitted. 

[Eead  and] 

Resolved  that  the  prayer  of  the  Petition  of  Josiah  Hartwell  in 
behalf  of  the  Town  of  Littleton  be  So  farr  Granted  that  there  be 
allowed  &  paid  out  of  the  Publick  Tresury  in  to  the  Hands  of 
ni'  Josiah  Hartwell  for  the  use  of  the  Town  of  Littleton  the  Sum 
of  twelve  Pounds  being  one  third  part  of  the  Sum  assessed  on  Said 
Town  for  Neglecting  to  return  a  representative  to  the  General  assem- 
bly the  three  last  years.      \^Passed  June  16. 


[1st  Sess.]     Province  Laws  (liesolves,  etc.) .  — 1774.  817 


CHAPTER    35. 

ORDER  ACCEPTING   REPORT   OF    COMMITTEE   ON   PETITION   OF    HENRY 
PRICE    IN   REGARD   TO   A   JUDGMENT. 

The  Committee  appointed  the  IS""  instant  on  the  Petition  of  ^ef,m?B'onhe 
Henry  Price,  [ante,  p.  753,  chap.  88]  made  Report;  whereupon  the  couucn, xxx., 
following  Order  passed  viz'  ~- 

Read  and  accepted  and  Eecordsof  the 

Ordered  that  the  prayer  of  the  Petition  be  granted,  and  that  the  Council,  xxx., 
Inferior  Court  of  Common  pleas  within  and  for  the  County  of  Lin-  p.  752,  chap.  88. 
coin  be  and  are  hereby  impowered  to  take  ofE  the  default  mentioned, 
occasioned  by  the  defendants  non  appearance,  and  at  their  next 
Term  to  proceed  to  the  Trial  of  the  suit  brought  against  the  Peti- 
tioner by  Gideon  Gardiner  within  mentioned  and  to  render  Judg- 
ment and  issue  Execution  accordingly.  And  whereas  in  consequence 
of  the  default  aforesaid  Execution  has  been  taken  out  and  served 
on  the  said  Henry  Price  by  which  he  has  been  obliged  to  pay  David 
Phips  Esq'  Sheriff  of  the  County  of  Middlesex  twenty  one  pounds 
five  shillings  and  nine  pence  for  debt,  costs  and  fees : 

Ordered  that  the  said  Phips  keep  the  money  now  in  his  hands  as 
a  security  for  what  the  said  Gideon  Gardiner  shall  finally  recover, 
and  after  Judgment  said  Phips  to  account  with  said  Price  for  the 
sum  remaining  in  his  hands,  if  any  there  be.     [Passed  June  16. 


CHAPTEE    36. 

RESOLVE  IMPOWERING  DAVID  CLAP  TO  EXECUTE  A  DEED. 

A  Petition  of  David  Clap  of  Southampton  in  the  County  of  gfforde'of  the 
Hampshire     Setting  forth  That  he  was  heretofore  married  to  Lucy  council,  xxx., 

Pomeroy  by  whom  he  had  issue  one  Child  which  is  now  alive     that  ^ 

the  said  Lucy  by  decent  from  her  Father,  during  the  said  marriage, 
was  siezed  of  a  lot  of  Land  in  Northampton  lying  at  a  place  called 
Pokers  hole  and  containing  about  sixteen  acres  and  three  quar- 
ters that  he,  together  with  his  said  Wife,  agreed  to  convey  the 
said  Lot  of  Land  to  M"  Abigail  Pomeroy  of  said  Southampton  and 
actually  received  of  her  the  full  value  thereof,  but  were  prevented 
from  executing  the  said  conveyance  by  the  death  of  the  said  Lucy. 
And  praying  that  he  may  be  impowered  to  make  and  execute  a 
sufficient  deed  of  the  said  lot  of  Land  according  to  the  agreement 
aforesaid. 

[Read  and] 

Resolved  and 

Ordered  that  the  prayer  of  the  foregoing  Petition  be  granted,  and 
that  the  Petitioner  be  and  is  hereby  impowered  to  make  a  deed  of 
bargain  and  sale  of  the  piece  of  Land  mentioned  in  the  said  Peti- 
tion to  Abigail  Pomeroy  in  the  said  Petition  named,  to  hold  to  her 
in  fee  simple,  and  that  such  Deed  when  made  and  executed  shall 
be  as  valid  and  effectual  in  Law  to  vest  the  fee  simple  of  the  said 
piece  of  Land  in  the  said  Abigail  as  a  deed  of  the  like  form  made 
and  executed  by  the  said  Petitioner  and  Lucy  deceased,  in  her  life 
time,  would  have  been.     [Passed  June  16. 


818 


Province  Laws  {Resolves,  etc) .  —  177-Jr.  [Chaps.  37,  38.] 


Legislative 
Records  of  the 
Council,  XXX., 


Province 
Laws,  ii.,  : 
chap.  10. 


CHAPTER    37. 

RESOLVE    IMPOWERING    JONATHAN    STONE,  GUARDIAN,  TO    SELL    REAL 
ESTATE    AND   MAKING  PROVISION  IN   REGARD  TO   THE   PROCEEDS. 

A  Petition  of  Jonathan  Stone  Guardian  to  Daniel  Haywood 
jun''  a  minor  Setting  forth  That  Daniel  Haywood  late  of  Worcester 
Esq'  deceased  did,  by  his  last  Will  and  Testament,  bequeath  to  his 
Grandson  the  said  minor  a  Tract  of  Land  in  said  Worcester  contain- 
ing twenty  two  acres  with  a  dwelling  house  and  Barn  thereon  That 
the  House  is  not  finished  and  is  going  to  decay  and  the  Fences  are 
much  out  of  rejoair;  that  it  will  be  for  the  advantage  of  the  minor 
to  sell  the  premises  and  place  the  money  arising  thereby  at  Interest. 
And  praying  that  he  may  be  impowered  to  sell  the  same  accordingly. 

[Read  and] 

Resolved  that  the  prayer  of  the  foregoing  Petition  be  so  far  granted 
as  that  the  Petitioner  be  and  he  accordingly  is  hereby  fully  impow- 
ered to  make  sale  of  the  Estate  in  his  Petition  mentioned  for  the 
most  the  same  will  fetch,  and  make  and  execute  a  good  and  suffi- 
cient deed  or  deeds  thereof,  he  observing  the  rules  of  the  Law  re- 
lating to  the  sale  of  Real  Estates  by  Executors  and  administrators 
and  giving  sufficient  security  to  the  Judge  of  Probate  for  the  County 
of  Worcester  that  the  proceeds  of  such  sale  shall  be  immediately 
after  the  said  sale  put  to  interest  for  the  benefit  of  the  Heir  and 
that  the  principal  and  interest  shall  be  paid  to  him  when  he  shall 
be  twenty  &  one  years  of  age,  or  in  case  of  his  decease  before  that 
time  shall  be  immediately  paid  to  the  Legatees  or  their  legal  Repre- 
sentatives in  such  proportions  as  by  the  Will  of  Daniel  Haywood  Esq"^ 
they  could  inherit  in  case  the  Estate  had  not  been  sold.  \_Passed 
June  16. 


Legislative 
Records  of  the 
Council,  XXX., 

297. 

Province 
Laws,  v.,  317, 
chap.  U;  412, 
note. 


CHAPTER    38. 

ORDER   IMPOWERING  THE   ASSESSORS    OF    THE    PLANTATION    OF    EAST 
HOOSUCK  TO  ASSESS  A  TAX  OF   £16.  6.  7   ON  SAID   PLANTATION. 

On  the  Petition  of  Eliel  Todd  and  others  of  East  Hoosuck  in 
the  County  of  Berkshire  praying  that  the  Tax  set  on  said  Planta- 
tion for  the  year  1772  and  1773  may  be  remitted. 

Ordered  that  the  prayer  thereof  be  so  far  granted  that  the  Prov- 
ince Treasurer  be  and  he  is  hereby  directed  to  stay  his  Execution 
against  the  Collector  of  said  East  Hoosuck  for  the  Tax  set  on  them 
for  the  year  1772  until  the  further  Order  of  this  Court.  And  whereas 
the  sum  of  Sixteen  pounds,  six  shillings  and  seven  pence  set  on  said 
plantation  for  the  year  1773  has  not  yet  been  assessed.  Therefore  it 
is  further 

Ordered  that  the  assessors  of  said  East  Hoosuck  for  the  current 
year  be  impowered  and  directed  to  assess  the  same  sum  of  Sixteen 
pounds,  six  shillings  and  seven  pence  upon  the  said  Inhabitants  the 
present  year  according  to  the  rules  and  directions  given  for  assessing 
Province  Taxes  in  the  year  1773  and  the  said  assessors  are  hereby 
ordered  and  directed  to  return  a  Certificate  of  the  name  or  names 
of  the  Collector  or  Collectors,  Constable  or  Constables  to  whom 
they  shall  commit  a  List  or  Lists  of  said  Tax  or  assessment,  with 
the  sum  total  to  each  of  them  committed  unto  the  Treasurer  of  the 


[1st  Sess.]     Pbovince  Laws  {liesolves,  etc.).  — 1774.  819 

Province  by  the  first  day  of  December  next;  and  the  Treasurer  of 
the  Province  for  the  time  being  on  the  receipt  of  such  certificate 
is  hereby  impowered  and  ordered  to  include  the  same  sum  in  the 
Warrant  or  Warrants  that  he  sliall  issue  for  the  collection  of  the 
Tax  laid  upon  the  said  Plantation  for  the  present  year.  [Passed 
June  16. 


CHAPTEE    39. 

ORDER  IMPOWERING   WILLIAM   AND    ANDRE\V   SIMONTON   TO   REENTER 
AN   ACTION. 

A  Petition  of  William  Simonton  and  Andrew  Simonton  both  of  ggSisiative  ^^^ 
Cape  Elizabeth  [to  reenter  an  action]  Eead  and  no  answer  having  council,  x.xx., 
been  made  thereto:  '-^-- 

Ordered  that  the  prayer  of  the  said  Petition  be  granted,  and  that  Kecords'onhe 
the  Petitioners  be  and  hereby  are  allowed  to  enter  their  said  action  ^ouncii,  xxx., 
anew  at  the  Inferior  Court  of  Common  pleas  at  their  next  sitting  in 
Falmouth  in  and  for  the  County  of  Cumberland,  and  the  Justices 
of  said  Court  are  alike  impowered  to  recommit  the  said  case  to  the 
said  Eeferrees,  or  any  others  the  parties  and  Court  shall  agree  upon, 
and  upon  the  report  of  the  said  Eeferrees  so  agreed  upon,  made  to 
said  Court  the  Justices  of  said  Court  are  hereby  impowered  and 
directed  to  make  up  Judgment  thereupon  accordingly,  and  the 
Judgment  made  up  by  said  Court  on  the  former  report  is  hereby 
set  aside  and  made  void.      [Passed  Jxine  16. 


CHAPTEE    40. 

RESOLVE   CONFIRMING   A   PLAN   OF  430   ACRES  AND    2   ROODS  OF   LAND 
TO   JOSEPH  WASHBURNE. 

Resolved  that  the  Plan  of  the  Tract  of  Land  hereunto  annexed  Kifords'^i  th 
containing  four  hundred  and  thirty  acres  and  two  roods  granted  to  council,  xxx.. 

Joseph  Washburne  in  June  last  lying  near  the  northeast  corner  of  '^^ 

Ashfleld  bounded  northerly  on  Grants,  Easterly  on  Conway,  South-  ^iJapI  eo.^^' 
erly  on  Ashfield,  Westerly  and  partly  Southerly  on  Grants  (other- 
wise bounded  as  it  is  delineated  and  described  in  the  plan)  be 
accepted  and  hereby  is  confirmed  to  the  said  Joseph  Washburne  his 
Ileirs  and  assigns  forever;  upon  condition  that  he  the  said  Joseph 
give  Bond  with  sufficient  sureties  to  the  Province  Treasurer  for  the 
sum  of  Sixty  four  pounds,  eleven  shillings  and  six  pence  with  law- 
ful Interest  for  the  same  to  bo  paid  in  one  year  for  the  use  of  this 
Province;  provided  said  plan  doth  not  exceed  said  quantity  of  Land, 
nor  interfere  with  any  former  Grant.      [Passed  June  17. 


Index    of   Nam  es 


[821] 


INDEX   OF   NAMES. 


A.. 

Paob 

Abbot,  Abigail 668 

Abbot,  Abigail  (daughter  of  Samuel  Abbot),  666 

Abbot,  Ephraim 666 

Abbot,  Henry,  jr 422 

Abbot,  Rev.  Hull, 542 

Abbot,  John 666 

Abbot,  John,  the  4th 422 

Abbot,  Joseph,  jr.,  . 422 

Abbot,  Samuel, 666 

Abbot,  Samuel  (son  of  Samuel  Abbot),  666 

Abbot,  Sarah, 666 

Abraham,  Betty  (an  Indian),  ....      280 

Accord  Pond 642,  659 

Adams, •,    .     135,  257,  582,  609,  628,  680,  730,  740,  747 

Adams, (attorney), 17 

Adams,  Eleazer 234,  235 

Adams,  Esther, 234, 235 

Adams,  James,  15 

Adams,  Capt.  Jonathan, 811 

Adams,  Moses,  .......      273 

Adams,  Moses  (son  of  Moses  Adams),     .  ,273 

Adams,  Samuel,  182,  284,  389,  442,  498,  549,  578,  671,  783 

Adams,  Seth,  535 

Ahawton  (or  Ahauton),' Elizabeth  (an  Indian),     .      732 
Ahawton  (or  Ahauton),  Job  (an  Indian),  732 

Albany,    ....  65,  75,  80,  174,  649,  676,  786 

Alden,  Adam, ■       .      429 

Alden,  Benjamin, 429 

Alden,  Jamea, 429 

Alden,  John 429 

Alden,  Joseph 429 

Aldin,  David, 421 

Aldrich,  Dorothy 776 

Aldrich,  George, 195,  196, 247 

Aldridge  Samuel 477 

Aldsword,  Robert, 778 

Allen, 277,740 

Allen,  Capt. , 517 

Allen.  Benjamin,  jr., 478 

Allen,  Enoch 727 

Allen,  Henry,  jr 399 

Allen,  James,  jr.. 93 

Allen,  Jonathan 189,  190,  788,  789 

Allen.  Joseph  (surveyor), 230 

AUen,  Mary, 478 

Allen,  Nathaniel, 556 

AUen,  Noah 155,  638 

Allen.  Sybil, 638 

AlUne,  Henry,  jr.,  93,  180,  296,  444,  492,  585,  656,  675,  750 
Amarascoggin  River,  Amoscoggin  River  (see  An- 
droscoggin River). 

Ames.  Deborah.  170 

Ames,  Nathaniel  (administrator),  .         .         .         .170 

Ames,  Nathaniel  (of  Dedham) 170 

Amherst,  Col. 150 

Amherst,  District  of,       .        .        .         651,  721, 751, 806 


Paob 

Andover 306,  601 

Andover  Road, 758 

Andrew,  Jonathan, 493 

Andrews,  Elkanah, 409 

Andros,  Joshua,        ......       645,  646 

Androscoggin  River,  58,  129,  356,  382,  383,  387,  594  bis,  595 
639,  722,  747 

Ann  Street,  Boston, 308 

Appleton,  John, 809, 810 

Appleton,  Joseph,    .......      123 

Appleton,  Rev.  Dr.  Nathaniel,        .  396,  454,  498,  579,  672 

Apthorp,   Charles  Ward, 303 

Arms,  William, 399 

Arnold, , 664 

Ashburnham  (Dorchester-Canada),  41,  80,  271,  348,  417, 

791 
Ashewillet  Equivalent  (see  Ashuelot  Equivalent). 
Aahfield  (Huntstown),  83,  210,  351,  380,  451,  477,  495,  520. 
654,  658,  681,  720,  726,  738,  819 

Ashley, 32 

Ashley, (justice),       ......      314 

Ashley,  John 71,198,512 

Ashuelot  Equivalent,       ....         125, 266,  562 

Askins,  John, 406 

Aspinwall,  Samuel, 543 

Aapinwall.  Thomas, 543 

Assonet  River, 95,  416,  503 

Athearn,  James,        .......      812 

Athol, 338,  411,  607,  759 

Atkins,  Mary  Russell, 427,  428 

Atkins,  Sarah, 427, 428 

Atkins,  WilUam,  93,  180,  296,  444,  492,  585,  675,  750 

Atlantic  Ocean 279.  322 

Attleborough. 659 

Atwood,  Stephen,    .......      598 

Auchmuty, (attorney) 230 

Auchmuty,  Robert 40,  290,  291,  296 

Austin,  John,   . 475 

Austin,  John,  jr., 475 

Austin,  Mary, 518 

Austin,  Thomas 518 

Austin,  Capt.  William '297 

Averell,  Job, 43,  149 

Awonsamug,  Submit  (an  Indian) 779 

Axdill,  Thomas 345 

Ayer,  Ebenezer 62,  89 

Ayers,  Benjamin, 186 

Ayres  (see  Ayers). 


Babesuck,  John  (an  Indian), 
Bachelor,  Mark, 
Back  Ckive  Bridge,  . 
Back  Cove  Creek,    . 
Bacon,  Col. , 


Bacon,  Edward, 
Bacon,  EUjah, 


[823] 


824 


Index  or  jS'ames, 


Page 

Bacon,  John 718 

Bacon,  John  (of  Natick) 36 

Bacon,  Lydia, 36 

Bacon,  Mary 718 

Bacon,  Michael, 36 

Bacon,  Oliver, 270 

Bacon,  Sarah, 36 

Badcock,  Hannah, 791 

Badcock,  William, .791 

Badger,  Mary  (daughter  of  Mary  (Badger)  Kidder),      267 
Badger,  Mary  (sf^e  Mary  Kidder). 

Badger,  Nathaniel, 267 

Badger,  Rev.  Stephen,    .         .  240,  339,  383,  453,  483,  494 

Badlam,  Elizabeth, 348 

Badlam,  Ezra, 348 

Badlam,  Hannah, 348 

Badlam,  Stephen 107 

Badlam,  Stephen  (grandson  of  Stephen  Badlam  of 

Dedham), 348 

Badlam,  Stephen  (of  Dedham) 348 

Badlam,  Stephen  (son  of  Stephen  Badlam  of  Ded- 
ham)  348 

Badhim,  William 348 

Bagley,  Col. 20,  32,  208 

Bagley,  Jonathan 43,  161,  162,  302 

Baird,  Thomaa, 728 

Baird,  Thomas,  jr 728 

Baker,  Charles 286 

Baker,  Elisha, 779 

Baker,  John  (administrator  of  George  Griggs),     509,  574 

Baker,  John  (of  Boston) 84 

Baker,  William  (Doorkeeper),  95,  197,  288,  389,  442,  473, 

498,  679,  671,  725,  783 

Bakerstown,      ...  47,  58,  129,  152,  356  bis,  382 

Baldwin,  Henry 343,  344 

Baldwin,  Isaac 345 

Baldwin,  Joshua 621 

Baldwin,  William 623 

Ball,  Abraham, 165 

Ball,  Adonijah 12 

Ball,  Benjamin 165 

Ball,  Hannah 165 

Ball,  Isaac, II 

Ball,  Isaac,  Jr 759 

Ball,  James 158 

Ball,  John 192,  193 

Ball,  Lydia 73 

Ball,  Moses 11,  12 

Ball,  Robert,    .         83,  178,  265,  385,  446,  502,  588,  657,  746 

Ball,  Silas, 165 

Ball,  Thomas 165 

Ball^  Thomas  (son  of  Thomaa  Ball),       .         .         .165 

Ball,  Zerubbable 165 

Ballard,  Josiah 210 

Ballard,  Sarah, 408 

Ballard,  Timothy,  jr 408 

Bancroft,  Daniel, 728 

Bancroft,  David 728,  729 

Bancroft,  Phebe 728 

Bancroft,  William 728 

Bangs,  Benjamin, 568 

Bangs,  Desire, 568 

Bangs,  Nathan 502,  503 

Banks,  William 85 

Barber,  John, 663 

Barehill  Brook, 395 

Barker,  Isaac 95,  213,  321 

Barker,  John  (an  Indian) 415 

Barker,  Joseph 136 


Page 

Barker,  Prince, 321, 646 

Barnard,  Maj . , 672 

Barnard,  Benjamin, 682 

Barnard,  George 315 

Barnard,  John 166 

Barnard,  Salah 672 

Barnard,  Sarah, 315 

Barney,  Joseph, 694 

Barnstable,       .  .         .69, 403,  539,  575,  620,  646 

Barnstable  County,  69,  93,  132,  133,  164.  251,  334,  386,  403, 

469,  553,  569,  630,  647,  790,  809 

Barrett,  Timothy, 242 

Barron,  Capt.  William, 75 

Barrow,  Elisha, 96 

Barthe,  Joseph, 345 

Bartlett,  Elizabeth, 435 

Bartlett,  Elizabeth  (widow  of  Gershom  Bartlett),      354 

Bartlett,  Enoch, 362 

Bartlett,  Enoch  (of  Haverhill),       .  623,  624,  625,  626 

Bartlett,  Experience, 717 

Bartlett,  Gershom, 354 

Bartlett,  Humphrey, 436 

Bartlett,  Isaac 133,  278 

Bartlett,  John, 272 

Bartlett,  Mary 406 

Bartlett,  Preserved, 717 

Bartlett,  Robert, 436 

Bartlett,  Samuel  (of  Newbury) 287 

Bartlett,  Samuel  (of  Plymouth),    .         .         .         .435 
Bartlett,  Sylvanus,  .         .         .         .         .        .624 

Bartlett,  Thomas, 625 

Bartlett,  Thomas  (son  of  Thomas  Bartlett),  .      625 

Bartlett,  Tristram  Coffin 287 

Batchelder,  Jonathan, 319 

Bay  Road  (in  Bridgewater) 659 

Bayley,  Isaac, 430 

Baylies,  Nichohis 297 

Beach,  Joseph, 345 

Beal,  Benjamin 495 

Beal,  Jeremiah, 559 

Beale,  Daniel, 100,  120,  121 

Bean,  David, 363 

Beard,  Andrew, 297 

Beard,  Samuel, 191 

Beavins,  William, 254 

Becket,     .         .  13,  83,  473,  561,  575,  576,  605,  606,  652 

Bedford 346 

Belcher, , 572,  605 

Belcher,  Andrew,     .         .         .  122,  135,  257,  575,  576 

Belcher,  Jeremiah, 302,  303 

Belcher,  Jeremiah  (son  of  Jeremiah  Belcher),       302,  303 

Belcher,  Joseph, 302 

Belcherston  (see  Belchertown). 

Belchertown 651,  789 

Belding,  Ebenezer, 380 

Bell,  James, 85 

BeUingham, 28,  78 

Bellows,  Moses, 345 

Bemis,  Abraham 141 

Benjamin,  Nathan,  ....        757, 760,  811 

Bennet,  Bennit,  Bennitt  (see  Bennett). 

Bennett,  Batcheller, 336 

Bennett,  CorneUus, 336 

Bennett,  David, 428, 429 

Bennett,  Elisha, 418 

Bennett,  Elisha  (son  of  John  Bennett),  .         .      505 

Bennett,  Jacob,        .......      418 

Bennett,  Jacob  (son  of  John  Bennett),  .        .        .     BOS 
Bennett,  Joanna, 80 


Index  of  Names. 


825 


Page 

Benaett,  John, 505 

Bennett,  Jotham 418 

Bennett,  Jotham  (son  of  John  Bennett),        .        .      505 

Bennett,  Moses 80 

Bennett,  Nathan, 505 

Bennett,  Ruth 336 

Bennett.  Theodate, 336 

Bennett,  Thomas, 605 

Bent,  Elijah 585 

Bent,  HopestiU 345 

Bent,  Peter 345 

Berkley ....      244 

Berkshire  County,  57,  93,  121,  125,  141,  176,  198,258,289, 

357,  564,  577,  589,  627,  687,  690  bis,  714,  745,  746,  757, 

765 
Bernard,  Gov.  Francis,    .        .        .         106,  217,  263,  340 

Bernard,  Isaac 377 

Bernardston, 44,  65,  135,  564 

Berry,  Samuel, 661 

Berwick 106,  303 

Bethune,  George 680 

Betty's  Neck,  Middleborough, 415 

Beverly,  John, 306 

Biddeford 89,228,253 

Bideford  (see  Biddeford). 

Bigelow, 649 

Bigelow,  Abraham, 141, 672 

Bigelow,  Amariah, 321 

Bigelow,  Gershom 728 

Bigelow,  Gershom,  jr., 728 

Bigelow,  Nathan 362 

Biglo,  Biglow  (see  Bigelow). 

Billerica, 187 

Billing,  Fellows 399 

Billing,  John 651 

Billings,  Ebenezer 397 

Billings,  Joseph  (executor),      .....      397 
Billings,  Joseph  (guardian  of  Puncapaug  Indians), 

42,  69,  90,  91,  203,  212,  246 

Billings,  Mary, v    397 

Billings,  Miriam, 397 

Bird,  Benjamin, 318 

Bird,  John 434 

Bhd,  Jonathan, 434, 436 

Bird,  Ruth, 434 

Bishop,  Theophilus 136,  138,  522 

Black  Ground  Indians  in  Plymouth  and  Sand- 
wich  619 

Blackmore,  John, 95,  213 

Blackstone.  Benjamin  (executor),  ....      265 
Blackstone,  Benjamin  (of  Falmouth),    .         .         .      265 

Blair,  Bethel, 192 

Blair,  Ebenezer 192 

Blair,  Hannah 192,  193 

Bhiir,  John, 193,  193 

Blair,  Victor, 192,  193 

Blake,  Benjamin, 81,  541,  542 

Blake.  Joseph 174 

Blake,  Joseph  (of  Rutland) 467 

Blanchard,  Col. -, 542 

Blandford, 141, 339,  605, 692 

Bhn,  George 697 

Blin,  William 697 

Bliss,  Lewis 93 

Bliss,  Moses 258,  512 

Blodget,  Joseph 663 

Blodget,  Samuel  (of  Boston) 160 

Blodget,  Samuel  (of  District  of  South  Brimfield),  .      663 
Blodgett,  Seth 480 


Page 

Blood,  Hannah 736,  764 

Bodwell,  John, 

.       639,  722 

Bodwell,  Samuel, 

.       639,  722 

Boies,  James,    . 

.       873, 724 

Bollan,  William, 

26,  216 

Bolton,      . 

130,  236,  271 

Bolton,  William, 

.      714 

Bond,  Elijah,   . 

436 

Bond,  Jonas,    ; 

346 

Bonner,  David, 

266 

Booth,  Benjamin, 

96 

Boothbay, 

54 

Borden,  Stephen, 

619 

Borghardt,  Coonroc 

.       667, 713 

Borghardt,  John, 

57,  713,  757 

Borghardt,  Peter, 

.       57 

Boason,  Dorothy, 

.      485 

Bosson,  William, 

.      485 

Bosson,  William  (grandson  of  William  Bosson),      .      485 

Boston,  17,  27.  30,  40,  65,  84,  86.  90,  144,  158,  159,  160  bis. 

161,  162  bis,  178,  185,  198,  218,  234,  250,  252,  384,  385, 

415,  419,  438,  479,  536,  636,  588,  592,  601,  628,  629,  643, 

657,  668,  678,  679  bis,  680,  696,  716,  730,  746.  754,  768, 

788 

Boston  Township  Number  One  (Charlemont),      .      185 

Boston  Township  Number  Three  (Pittsfield),              90 

Bosworth,  Anna, 64 

Bosworth,  John, 13 

Bosworth,  John  (guardian) 13 

Bosworth,  Joseph, 54 

Bosworth,  Robert 194, 195 

Bosworth,  Sarah, 13 

Bourn,  Ezra, 699 

Bowdoin,  James 217,  295,  531 

Bowen,  Capt.  John 558,  727,  790 

Bowen,  Joshua 575 

Bowers,  Jerathmeel,         .         .          444,  492,  585,  675,  750 

Bowes,  Lydia, 170 

Bowes,  Mary 170 

Bowes,  Rev.  Nichobs, 170 

Boxford 39,  94,  459 

Boyce.  Joash 611 

Boyden,  Daniel, 663,  728, 729 

Boyden.  Darius, 728 

Boyden,  Elizabeth, .728 

Boyden,  John 728 

Boyden,  Peter 728 

Boynton,  Richard, 549 

Bozzards  Bay  (see  Buzzards  Bay). 

Bracket  (see  Brackett). 

Brackett,  John 660 

Bradbury,  Benjamin, 

.      533 

Bradbury,  Jacob,     . 

.       633,  634 

Bradburj',  John, 

.       106, 208 

Bradbury,  Theophilus, 

.     79,  80,  93 

Bradford.  Gamaliel, 

.    96, 

213,311,  321,350 

Bradish,  BiUings,     . 

.      523 

Bradish,  Jonathan, 

523,  733  bis,  734 

Bradstreet,  Col. , 

75 

Bragdon, , 

.       739, 742 

Bragdon,  Thomas, 

.      492 

Braintree, 

184,  242,  334,  335 

Branch,  Amasa, 

.      609 

Branch,  Vine,  . 

.      609 

Brand.  Bethiah  (an  Indian), 

.      171 

Brand,  Caleb  (an  Indian), 

.       171, 306 

Brand,  Deborah  (an  Indian), 

.       169, 301 

Brand,  Joshua, 

.      301 

Brand,  Peter,   . 

301 

826 


Index  of  ^N'ames. 


301.  334,  642,  658 
236,  283 


521.  522 
127,  128 


47,450 
66,  239 


Page 
Brattle,  William,  211, 253, 459, 506, 565, 566, 570, 601,  629,  736 
Bray,  Mary, 
Breakenridge,  William, 
Brewer,  Daniel, 
Brewer,  Capt.  John, 
Brewer,  Josiah, 
Briant  (see  Bryant). 
Bridges,  Caleb, 
Bridges,  Joshua, 
Bridges,  Moody  (agent). 
Bridges,  Moody  (surveyor), 
Bridge's  Town  (see  Bridgeton 
Bridgeton  (Maine), 
Bridgewater,     . 
Bridgham,  John,      . 
Brigatine  Prince  of  Orange, 
Briggs,  David, 
Briggs,  Ebenezer,     . 
Brigham,  Aaron, 
Brigham,  Aaron  (of  Grafton), 
Brigham,  Amariah, 
Brigham,  Asa, 
Brigham,  Ezekiel,    . 
Brigham,  Moses. 
Brigham,  Capt.  Nathan, 
Brigham.  Sarah, 
Brigham,  Sarah  (guardian), 
Brigham,  Thomas,  . 
Brigham,  Timothy, 
Brightman,  Joseph, 
Brimfield. 

Brimhall,  Gideon,    . 
Brimhall,  Joshua,     . 
Brimhall,  Mary, 
Brimhall,  Mary  (daughter  of  Mary  Brimhall),       .      576 
Brimhall,  Samuel,    .......      576 

Bristol  County,  54,  68,  93,  101.  116,  142,  157,  161,  175.  212. 
270,  278,  282.  297,  298,  348,  384  bis,  398,  404,  405,  452, 
478.  479,  511,  548,  564,  569.  650,  711,  743,  750,  777 
Bristow,  Deborah,    .......      360 

Britt,  Rev.  Silas, 619 

Britt,  Thomas 166 

Brock,  John 534 

Bromfield,  Abigail, 785 

Brom field,  Henry, 785 

Bromfield,  Henry  (son  of  Henry  Bromfield),  785 

Bromfield,  Sarah, 785 

Brookfield,  165,  236,  243,  271,  310.  321,  406.  490.  585,  586,  635 

Brookline, 163,194,696 

Brooklyn  {see  Brookline). 

Brooks,  Simon, 341 

Brown, , 134 

Brown,  Capt. , 300 

Brown.  Col. , 92,  179 

Brown,  Dea. , 676 

Brown,  Abishai, 24 

Brown,  Daniel, 57, 692 

Brown.  Gawen. 34 

Brown,  Hannah,       .......      625 

Brown,  Henry  Young  (of  Pigwacket),    .  456,  457 

Brown,  Capt.  Henry  Young,  64,  106,  107,  UObis,  202,  208, 

355.  392,  457,  806,  807 

Brown,  Isaac,  .  .  55,  56 

Brown,  Jacob, 561,572,573,768 

Brown,  John,    . 673 

Brown,  John  (son  of  Moses  Brown),       .  625 

Brown,  John  (surveyor),  ....       228, 253 

Brown,  Capt.  John, 107, 246 

Brown,  John,  jr.  (son  of  Capt.  John  Brown),  107 


Brown,  John,  jr.  (surveyor),    . 

Brown,  Mary  (administratrix), 

Brown,  Mary  (widow  of  Thomas  Brown), 

Brown,  Mather, 

Brown,  Moses. 


34 
625 


Brown,  Nathan, 

Brown,  Oliver, 

Brown,  Samuel,        ....  243,  288.  289.  352 

Brown,  Samuel,  jr.,  ....        261,  592,  609 

Brown,  Thomas,       ......  24, 25 

Brown,  William  (of  Framingham),  ...        22 

Brown,  William  (of  Natick), 560 

Bruce,  George  (Deputy  Sheriff,  Worcester  County),  167, 

311 

Brunswick,  101 

Bryant, 393 

Bryant,  Abraham 345 

Bryant,  Amos, 802 

Bryant,  Edward, 662 

Bryant,  Hepzibah, 802 

Bryant,  James, 802 

Bryant,  James  (son  of  Jaraea  Brj'ant),  .         .         .      802 

Bryant,  Lydia 802 

Bryant,  Martha, 662 

Bryant,  Peleg,    • 662 

Bryant,  Peleg  (son  of  Peleg  Bryant),      .         .         .      662 

Bryant,  Walter 249 

Bryant,  William, 400 

Buck,  Rachel, 728 

Buckminster,  Capt. , 244 

Buckminster,  Col. , 11 

Buckminster,  Joseph, 84, 520 

Buffum,  James 298 

Buffum,  Joseph 298 

Bulkley,  Thomas 687 

Bullard,  Isaac, 150 

Bullard,  Rebecca 133 

Bullen,  John, 803 

Bullock,  William, 514,  564 

Bullock's  Township  (so  called),      .  737,  761,  762,  767 

Burges,  John, 212 

Burges,  Simeon 95 

Burghardt  (see  Borghardt). 

Burk,  John 399 

Burnam,  Nathan 172 

Burnap,  Isaac, 395 

Burne.  Abigail  (an  Indian), 731 

Burne,  Fortune  (an  Indian), 731 

Burnell,  Jonathan 682 

Burnet,  Barsheba, 810 

Burnet,  Hannah, 810 

Burnet,  John  (of  Hardwick),  ....      810 

Burnet,  John  (of  Oxford), 810 

Burns,  Capt.  William 709 

Burnt  Shirt  Stream, 759 

Burrage,  Abijah, 546 

Burrage,  John, 546 

Burrage,  Josiah 546 

Burrage,  Thomas 546 

Burridge,  William 77 

Burrill,  Ebenezer, 211,  353,  437 

Burrill,  John, 623 

Burt,  Benjamin, 317 

Burt,  Richard, 344 

Burt,  Thomas 344 

Burton,  Hannah 554 

Burton,  Henry 554,  555 

Burton,  Stephen 554,  555 

Butler,  Joseph 412,  413 


Index  of  Names. 


827 


Page 

Bueler,  Mary T!i 

Buzzarda  Bay 448,  516 

Byles,  Anna 34 

C. 

Caldwell,  Samuel, 101 

Calef,  Dr.  , 20,  32,  43 

Calef,  Robert, .570 

Calell,  Calf  (see  Calef). 

Call,  Obadiah, 149 

Calmehorn,  Jacob 176 

Cambridge, 22,  164. 656 

Campbell,  Andrew 438 


Canada. 


235 


Canada  Expedition.  47  bis.  48  bis,  169,  344,  345.  386,  514 
536,  542.  558.  786 

Canada,  Governor  of 105 

Cape  Ann, 517 

Capo  Breton,  Island  of, 784 

Cape  Elizabeth,  District  of,    .  152,  194,  407.  445 

Cape  Sable,       .         .  150 

Capen,  David, 215 

Capen,  Jonathan,     ...  247,  381,  630,  741,  742 

Carleton,  Osgood 257 

earner,  Anderes 580,  581 

Carnes,  Joseph, 399 

Carr,  Caleb 417 

Carr.  Robert 417 

Carr,  Ruth 417 

Carrell,  George 273 

Carry  1  (see  Carrell). 

Carter,  Abigail 346,  347 

Carter.  Benjamin 728 

Carter,  Benjamin,  jr., 728 

Carter.  Jabez 31 

Carter,  John, 346,  347 

Carter,  Thomas .70,  116 

Carter,  Timothy 728 

Caatle  William.  7,  II,  36,  75,  128,  262.  263,  285  bis.  363,  375, 

390,  454.  482,  534,  538  bis 

Catharine  (an  Indian),    ......      592 

Cathcart,  Gerahom, 190 

Cedar  Swamp 710 

Chabboquiddjck  (see  Cbappaquiddick). 

Chadwiok,  John 57,  262.  292,  512,  692 

Chaffee,  Betty 634 

Chaffee,  Comfort 634 

Chaffee,  Isaiah 634 

Chamberlain,  John 644 

Chambers,  John. 99 

Chandler. 273 

Chandler,  Clark 405 

Chandler,  Edmund, 556 

Chandler,  Enos, 556 

Chandler,  John 123.  124 

Chandler,  John  (of  Royalston),  .320 

Chandler,  John  (Treasurer  of  Worcester  County),  8,  119, 
227,  347,  393,  566,  633,  722 
Chandler,  Hon.  John.      .  575.  576,  605,  606 

Chandler,  Peleg, 
Chandler,  Philemon. 
Chandler,  William,  . 
Chapin,  Israel, 
Chapin,  Nathaniel, 
Chapman,  Deborah, 
Chapman,  Jemima, 
Chapman,  Jonathan, 
Chapman,  Rebecca, 


P.\aE 
Cbappaquiddick  Indiana,  .  .  .  .  •  .  789 
Cbappaquiddick  Island,  251,  252,  766,  789 

Chardon,  Peter, 154 

Charlemont,  71,  118,  185,  187,  210,  234,  413,  477,  598,  683, 
684,737,751,761,762,764,767 

Charlestown 163,  518,  699,  733,  734 

Charlton,  District  of 281,  311 

Chase,  Amos.   ........        62 

Cliase,  Josiah,  .......      156 

Chase.  Samuel.         .......      156 

Chase,  Samuel  (of  Pepperellborough),    ...        62 

Chatham. 453 

Chauncey  (see  Chauncy). 

Chauncy.  Charles,   .       93,180,296,445,492,585.675,750 

Cliauncy,  Josiah  (of  District  of  Amherst),  721,  806 

Checkley,  Rev.  Samuel, 549 

Cheeksaunkun,  Jacob  (an  Indian),  70,  71 

Chelsea, 360,  545,  696,  791 

Cheney,  Ann,  ........        14 

Cheney,  Ephraim. 14 

Cheney.  Tristram,  .......      271 

Cherry  Island 696 

Chesterfield 83,  124,  353,  557,  641 

Child,  Ebenezer, 139 

Child,  Elisha, 474 

Child,  John  (of  Holden) 769 

Child,  John  (aurveyor), 659 

Child,  Lieut.  Timothy, 764 

Childs,  John,  jr., 643 

Chipman,  John 93,  180,  296 

Chipman,  Sarah, 423 

Chipman,  Setb, 423 

Choate,  Daniel. 342 

Choate,  John  (committee).      .....      248 

Choate.  John  (of  Ipswich), 342 

Choate.  John  (Treasurer  of  Essex  Count .\),  .         10,  123 

Choate,  John,  jr., .52 

Choate,  Stephen, 162 

Church,  Moses,  ....      515 

Church's  Indiana  in  Freetown 619 

Clap,  Daniel,  643 

Clap,  David 817 

Clap,  Nathaniel 662 

Clap,  Noah 559,  644 

Clap,  Samuel 672 

Clap,  Stephen 348 

Clap,  Thomas 95,  96,  349 

Clapp,  Edward 344 

Clark,  Aaron, 717 

Clark,  Benjamin  (attorney  to  Benjamin  Clark  of 

Boston) 185 

Clark,  Benjamin  (of  Boston),  185,  234 

Clark,  Gershom. 622 

Clark,  Hannah, 622 

Clark,  Israel, 758 

Clark,  Jacob, 638 

Clark,  John 345 

Clark,  John  (guardian  of  the  Natick  Indians),      .      520 
Clark,  Jonas  (of  Boston),         ...  86,  185,  234 

Clark.  Jonas  (of  Lexineton), 170 

Clark.  Joseph 780 

Clark,  Norman 345 

Clark,  Richard, 724 

Clark,  Thomas, 770,  771 

Clark,  William 504 

Clothier,  Ambrose, 532 

Clothier,  John 632 

Coal  Pit  Bottom  (so  called) 141 

Coats,  Ezra, 743 


828 


Index  or  Names. 


Page 
Coats,  Jemima,        ....;..      743 

Cobb,  Capt. , 80 

Cobbet,  Rev.  Thomas 45,  210,  477 

Cobbit,  Corbet  (see  Cobbet). 

Cochrean,  Mary 804 

Cochrean,  Robert, .      804 

Coffin,  David  (master  of  Brig  Prince  of  Orange),  .      230 

Coffin,  Josliua, 230 

Cogin,  Henry, 345 

Cogin,  John 345 

Cohasaet,  District  of 467,  487 

Colter,  .Samuel, 547, 548 

Cold  Lane  isee  Cole  Lane). 

Cole  Lane,  Boston 590,  785 

Coller,  John 344 

Collins,  Samuel, 533 

Colman,  John, 759 

Colrain,     ...       44,  185,  234,  413,  477,  596,  597,  751 

Colver,  Samuel, 249 

Comecho,  Deborah  (an  Indian) 596 

Comecho,  Hezekiah  (an  Indian),    ....        17 
Comecho,  Sarah  (an  Indian),  .        483,  494, 596 

Coming,  Comming,  Cuminga  (see  Cummings). 

Corny,  David 345 

Corny,  John 345 

Conant,  Anna, .      684 

Conant,  Nathaniel, 484 

Concord, 77,  310,  360,  392,  658 

Connecticut, 313,  554 

Connecticut  River,  .      37,  481,  499,  500,  537,  645,  655 

Conway  (in  New  Hampshire),  .         .355 

Conway,  District  of 290,  350,  364 

Cook,  Noah, 476 

Cooke,  Elisha 302 

Cooke,  Middlecot, 302 

Cooke,  Thomas, 656 

Cooledge  {see  Coolidge). 

Coolidge,  John 270 

Coolidge,  Joseph, 23,  772 

Cooper,  Rev.  Samuel 183,  285,  390 

Cooper,  William, 399,  647 

Cordis,  Cord, 71 

Core.v,  Ebenezer, 345 

Corey,  Thomas, 345 

Cornhill,  Boston 156 

Cotton,  John  (clerk  at  Congress  in  New  York),    .      102 
Cotton,  John  (Deputy  Secretary),  ...        32 

Cotton,  John  (farmer  of  excise),  219,401 

Cotton,  John  (of  Boston), 454 

Cotton,  John  (Treasurer  of  Plymouth  County),  9,  124, 
227,  337,  377,  629,  714,  812 

Cotton,  Martha 778 

Cotton,  Roland, 88, 360 

Cotton,  William 778 

Co  veil,  William 247,  534 

Cox,  John 292 

Cozzens,  Ruth, 130 

Crafts,  Thomas 215 

Crandon,  Thomas, 30 

Cranston,  Amasa, 495,  496 

Crawford,  Alexander 85 

Crawford,  Robert, 73 

Crippen,  Samuel 532 

Crocker,  Cornelius 229 

Crooker,  Abner 510 

Crosby,  Joseph, 458 

Crosby,  Joseph  (son  of  Joseph  Crosby),         .         .      458 

Cross,  Abel 738 

Crossby  (see  Crosby). 


Page 

Grossman,  Henry 246 

Crowl,  Andrew 728 

Crowl.  John,  jr., 728 

Crown  Point, 79,  145,  150,  231 

Cudworth,  Abigail 776 

Cudworth,  Benjamin 591,679,680 

Cumberland  County,  79,  93,  169,  230,  276,  469,  549,  553, 

632,  701 

Cummings,  Abraham 204 

Cummings,  Ann 204 

Cummings,  Asa 204 

Cummings,  Daniel, 728 

Cummings,  Daniel  (administrator),       .         .         .      204 

Cummings,  Jacob, 335,  336 

Cummings,  John 261,  273 

Cummings,  Joseph, 204,  758 

Cummings,  Joseph,  jr 758 

Cummings,  Josiah, 204 

Cummings,  Rhoda, 204 

Cummings,  Stephen, 204 

Cummings,  Thomas  (administrator),     .         .         .      204 
Cummings,  Thomas  (of  Topsfield),        .         .       204,  758 

Cunningham,  Jonathan, 589 

Cunningham,  Peter, 154 

Curtis,  Abigail 233 

Curtis,  Ebenezer, 39 

Curtis,  Ephraim 663 

CurtLS,  John,  jr. 414 

Curtis,  Joseph, 233 

Curtis,  Joseph  (son  of  Joseph  Curtis),    .        .         .      233 

Curtis,  Oliver 728 

Curtis,  Seth 233 

Cushing,  Abigail 137 

Cushing,  Caleb, 660 

Cushing,  Col.  Charles, 68 

Cushing,  Edward 202 

Cushing,  IMargaret 202 

Cushing,  Mary 202 

Cushing,  Nehemiah, 306 

Cushing,  Pickells, 137 

Cushing,  Samuel 349 

Cushing,  Thomas, 7 

Cushing,  Thomas  (Commissary  General),  531,  580,  581, 
633,  634  bis,  671,  674,  719  bis,  720,  721,  749,  782 

Cushing,  Thomas  (of  Boston) 202 

Cushing,  Thomas  (Speaker  of  the  House  of  Repre- 
sentatives), 135,  181,  257,  284,  366,  389,  441,  497,  531, 
578,  671,  674,  680,  730,  740,  747,  782 

Cushing,  William, 669,  781 

Cushnoc 36 

Cutler, , ...      664 

Cutler,  Abner 62,  63 

Cutler,  Ann, 62 

Cutler,  Elisha 608 

Cutler,  Jonas, 546,  547,  60S 

Cutler,  Thomas 62 

Cutt, 739 

Cutter,  Ammi  Ruhamah 637 

Cutting,  Absalom, 336 

Cutting,  George 411 

Cutting,  Keziah, 336 

Cutting,  Richard, 310 

Cutting,  Thankful 310 


Dabney,  Charles  (merchant),  ....  394 
Dabney,  Charles  (staymaker),  ....  394 
Dabney,  John 394 


Index  of  Nasies. 


829 


Page 

Dabney,  Nathaniel 394 

Daby,  Joseph,  jr., 505 

Dagget,  Susanna 642 

Daigle,  Michael 235 

Daicin,  Samuel 316 

Dale,  Archeiaus 153 

Dalrympls 245 

Daly,  Jamea 231 

Daman,  David, 298 

Darning,  Eleazer 522 

Dammon,  Edward 336 

Damon,  Jabez, 395 

Dana,  Caleb 234,  320 

Dana,  Richard 234 

Danforth,  Abigail, 187 

Danforth,  Joseph, 815 

Dantorth,  Samuel 219 

Danforth,  Thomas  (executor),         ....      606 
Danforth,  Thomas  (of  Billerica),    .        .        .         .187 

Daniels,  David, 167 

Danielson, 294 

Danks,  Benoni, 785 

Danvers,  District  of,        .         .        .  153,  166, 315, 459 

Darby,  Capt. , 517,  740 

Darby,  James, 804 

Darby,  Margaret, 804 

Darby,  Richard,  jr. 608 

Dartmouth 278 

David,  Deborah  (an  Indian),  ....      416 

David,  Patience  (an  Indian),  .         .        .         .416 

David,  Stephen  (an  Indian),  ....         42,  229 

Davis,  Capt. 32,  604 

Da\-is,  Benjamin 532 

Davis,  Benjamin  (near  Oxford),     .  .       300, 600 

Davis,  Ebcnezer, 192 

Davis,  Edward  (guardian  of  Dudley  Indians),      .      324 
Davis,  Edward  (of  District  of  Charlton),       .  281 

Davis,  Edward  (of  Oxford), 6S5 

Davis,  Elijah 239,  570 

Davis,  Elizabeth, 228 

Da  "vis,  Elizabeth  (daughter  of  Jonas  Davis),  .      228 

Davis,  Ephraim, 480 

Davis,  Ickabod 432 

Davis,  John, 335 

Davis,  Jonas  (of  Harvard), 228 

Davis,  Jonas  (son  of  Jonas  Davis),         .        .        .      228 

Davis,  Josiah 228 

Davis,  Martha  (of  Barnstable) 229 

Davis,  Martha  (of  Petersham),        ....      480 

Davis,  Mary,    . 55 

Davis,  Mary  (daughter  of  Jonas  Davis),        .         .      228 

Davis,  Olive 228 

Davis,  Peter, 228 

Davis,  Stephen 433,  760 

Davis,  Tobias, 105 

Davis,  William 229 


Daws, .Story 46,  119,  120  iis,  319,  564 

Day,  Col. 849 

Day,  Maj.  Benjamin 25 

Day,  WiUiam 765 

Dean, 676 

Dean,  Josiah, 532 

DeBerdt,  Dennis,    .         .         .     72,211,249,289,380,711 
Debert  {see  DeBerdt). 

Dedham 133,  607 

Deerheld,  .  25,  26,  27,  118,  210,  364, 474, 652 

Deerfield  River,       .         .    598,  683,  684,  737,  761,  762,  767 

Desring,  Henry 637 

Delano,  Reuben 173 


Page 

Deming,  Dudley 136,  138 

Deming,  Eleazer, 136,  138 

Deming,  Dr.  William 571 

Denand,  Humphrey, 352, 353 

Dennie  {see  Denny). 

Dennis,  John, 628 

Denny, ,     ........      558 

Denny,  Capt.  Daniel, 193 

Denny,  Humphry, 522 

Denny,  Samuel  (of  Leicester) 249 

Denny,  Samuel  (Treasurer  of  Lincoln  County )  ,101 ,  367, 607 

Denny,  Thomas 656,  681 

Denny,  Capt.  Thomas, 589 

Denny,  William 767 

Deptford,  the  ship, 16 

Derby,  Richard 556 

Devereux,  Jonathan 644 

Dewey,  Israel, 208 

Dexter, 104,  153,  674 

Dexter,  Dr.  Ebenezer, 508 

Dexter,  Lydia 508 

Dexter,  Samuel,       .         .    219,230,231,378,392,480,747 

Dexter,  William, 609 

Dickinson,  Israel 93 

Dickman,  Ebenezer, 84 

Dickman,  John .84 

Dighton, 298,  409,  606,  565  bis.  609 

DLx,  Capt. 506,  547 

Dix,  Edmund,  ....  .         .      171 

Dix,  Capt.  Jonad 171 

Doane,  Elisha 78S 

Doane,  Joseph 453,  675,  760 

Doolittle,  Capt. 645 

Doolittle,  Capt.  Ephraim 695 

Dorchester 194,239,659,570,571,695 

Dorchester-Canada  (Ashburnham),        .    41,  SO,  271,  360 
Dorr,  Joseph,   ......■-      311 

Doty,  Col.  Thomas 83 

Douglas,  District  of,        .    131,  236,  271,  300,  339,  600,  710 

Douglass,  Asa 305,  379,  532,  676 

Douglass,  Capt.  Asa 760 

Douglass,  Asa,  jr. 305 

Douglass,  Wheeler, 532 

Downe,  Samuel 199,  362,  399 

Dowse,  Joseph 691 

Dowse,  Lodwick 344 

Dowse,  Nathaniel, 171 

Draper's  Corner 377 

Drew,  William 647 

Drowne,  Thomas 778 

Druee,  Daniel 79,  448,  632 

Drury,  Asa 732 

Drury,  Mercy, 771 

Drury,  Thomas 728,  729 

Drury,  Thomas,  jr 728 

Drury,  William .      771 

Dudley 236,271,300,633,600,607,710 

Dudley,  George, 689, 757 

Dudley,  Thomas, 606 

Dudley  Indians,       .         .         .  324, 451, 588,  743,  769 

Duglass  {see  Douglass). 

Dukes  County,  County  of,     .         .    93,  143,  358,  486,  632 

Dunbar,  Elijah 670 

Duncan,  James, 362 

Dunmore,  William, 727 

Dunstable 439,  584,  815 

Dupee,  Isaac, 69,  74 

Durant,  Edward 584 

Durfee,  Benjamin, 41& 


830 


IXDEX    OF   XaMES. 


Page 

Durfee,  James 416 

Durfee,  William, 416 

Dutch.  John 246 

Dutch,  Mary 246 

Dutch.  Mehitabel 246 

Dutch.  Samuel, 246 

Dutch.  Samuel  (son  of  Samuel  Dutch),         .  246 

Duxborough  (see  Duxbury). 

Duxbury 813 

Dn-ight. , 305,  319,  564 

Dwight,  Elizabeth 424 

Dwight.  Jonathan 424 

Dn-ight.  Joseph 243.  248.  486 

Dwight.  Josiah 360.  424,  425 

Dwight,  Justus 477 

Dwight,  Nathaniel. 399 

Dwight.  Nathaniel  (surveyor).  121.  320.  477.  520.  564 

Dwight.  Capt.  Nathaniel 419.  502 

Dwight,  Samuel. 417.418 

Dwight,  Sarah 417 

Dwight,  Timothy. 244.766 

Dwight,  Timothy  (of  Ashburnham),      ,         .         .      417 

Dyer,  Christopher 334 

Dyer,  John, 334 

Dyke,  Nathaniel 345 

:e. 

Eames,  David, 106 

Eames,  Jonathan 691 

Eames,  Joseph, 691 

Eames,  Ruth, 691 

Earl,  David, 357 

Earl.  Ralph 357 

Eason.  James. 57 

East  Hoosac.    ....  121.  260,  264,  649,  818 

East  Windsor,  Connecticut,     .....      511 
East  Winsor  {see  East  Windsor). 

East  ham, 762 

Eastman,  William 12 

Eastman,  William  (of  South  Hadley),    .        .         .127 

Easton 636 

Eatoa.  Edmund, 395 

Eaton,  Jonathan, 395 

Eaton,  Joseph, 184 

Eaton,  Joseph  (of  Dedham) 816 

Eaton,  Joseph  (of  Ljim). 115 

Eaton.  Joshua, 395 

Eaton,  Mary 816 

Eaton.  Pearson. 430 

Eaton,  Thomas, 395 

Eaton,  Thomas,  the  Third 395 

Eddy,  Levi 728 

Eddy.  Samuel 728 

Edgartown 567.681 

Edson.  DaWd, 8 

Edson,  James, 8 

Edson,  Josiah  (guardian  of  Plymouth  County  In- 
dians),    .  77,  169,  272,  280,  281,  301  fris,  306 

Edwards,  Timothy 624 

Eel  River  Bridge, 808,  809 

Egremont,        .  208,  238  bis,  239,  249,  250,  631 

Eills,  William, 39 

Elbridge,  Giles, 778 

Elder,  William 755,756 

Eldridge,  Joshtta, 687 

Eliot.  David, 648,  649 

Eliot,  Ezekiel 625 

EHot.  Jacob  (executor). 696 

Eliot.  Jacob  (of  Lebanon.  Connecticut),  696 


Page 

Eliot.  John, 648, 649 

Eliot,  Sarah, 625 

Elliot,  Rev.  Andrew 88 

Elliot,  EUzabeth  Burnham 804 

Elliot,  Henrietta 804 

Elliot,  Mary 804 

Ellis,  Eleazcr 593 

Ellis,  Josiah 593 

ElUs,  William, 133 

Elmes,  Eliot 679,  680 

Emes,  Joseph, 188 

Emmes,  Nathaniel, 345 

Enfield 312,  313 

England, 214,  362 

Ephraim,  John  (an  Indian),    .         .         .         595,  596,  732 

Erving,  John,  257,  264,  320,  409,  438,  517,  556,  576.  645.  665, 

694,  695,  709,  740  bis,  744 

Essex  County.  21.  39.  52.  75.  76.  93.  115.  127.  132,  166.  172. 

186.  205.  206.  230.  246.  267.  269,  288,  299,  342,  354,  366, 

449,  470,  471,  517,  519,  548,  553,  603,  624,  626  bis,  632, 

656,  657,  718,  725,  801,  810 

Eustis,  Jane 785 

Eveleth,  Joseph 748 

Everenden,  Benjamin,     .....       559,  644 
Everenden,    Benjamin    (son  of  Benjamin   Ever- 
enden)  559 

Everenden,  John 559 

Evers,  James, 413 

F. 

Fairbank,  Experience 82 

Fairbank,  Jonas, .82 

Fairbanks,  Daniel 627,  628 

Fairbanks,  Sarah 641 

Fairbanks  and  Sons 645,  694 

Fairservice,  John, 43 

Fallam, 761 

Fallass,  William, 359 

Falmouth  (Barnstable  C:bunty),     .  448,  516 

Falmouth  (Cumberland  County),  33,  43,  78,  101,  117,  145. 

152,  194,  207,  217,  218,  228,  253,  338,  375,  421  bis,  439, 

626,  643,  660  bis,  701,  755,  779,  819 

Farley,  Capt. , 186 

Farley,  Michael  (Treasurer  of  Essex  Coimty),  123,  232, 
337,  378,  632,  724,  812 

Farley,  Capt.  Michael 196 

Farley,  Timothy 413 

Farmington  River 605,  606,  767,  76S 

Farnham,  Joshua 77,  78.  117,  230 

Farnsworth,  Aaron, 426 

Farrar,  Samuel, 474 

Farrow,  John, 514.  515 

Fay,  James, 502, 503 

Fay,  John .         .         .345 

Fayerweather.  Thomas 787 

Fearing,  James 715 

Fearing,  Mary, 715, 716 

Fearing,  Mary  (daughter  of  Mary  Fearing),  .       715,  716 

Felix,  Israel  (an  Indian) 337 

Felix,  Thomas  (an  Indian) 42 

Felt,  Aaron  (of  Lynn), 449 

Filt,  Aaron  (of  Temple,  New  Hampshire),    .         .      449 

Fenno.  Abigail 267 

Fenno,  Jerusha 317 

Fenno,  Joseph 317 

Fick,  David, 439 

Field's  Farm, 158 

Figgins,  Thankful  (an  Indian),       .         .        339,  383,  571 
Figgins,  William  (an  Indian),  ....      571 


Index  of  Names. 


831 


Page 

Fillebrown,  John, 419 

Fillebrown,  Sarah 419 

Finley,  John 150 

Fialey.  William 150 

Fish.  Isaac, 405 


Fish  Street,  Boston, 
Fisher,  David, 
Fisher,  John, 
Fisher,  Rev.  Nathaniel 
Fisher,  William, 
Fisk,  Daniel,    , 
Fisk,  Jacob, 
Fisk,  James, 
Fiak,  Nathan, 
Fiak,  Rev.  Nathan, 
Fisk,  Stephen, 
Fiak,  Stephc 
Fitch,  Ephrj 
Fitch,  Ephr; 
Fitch,  Joseph, 
Fitch,  Thadeus, 
Fitch  burg, 
Fitta,  Abraham, 
Flagg,  Ebenezer, 
Flagg,  Eleazer,  jr., 
Fiagg,  Jotham, 
Flagg.  Margaret, 
Flagg,  Richard, 
Flagg,  Solomon, 
Flstcher,  Thomas, 
Flint,  John,      . 


281 
218,  250 


on  of  Stephen  Fisk), 
(of  Egremont), 
(surveyor),     . 


Flint,  Capt.  John, 

Florence,  Charles, 

Flucker,  Thomas, 92, 

Fiucker,  Thomas  (Secretary  of  the  Province),   588,  ( 
670,676,781, 
Flynt  (see  Flint). 

Fobes,  Abner, 

Fobes,  Phebe, 


Fogg,  Capt.  Reuben,  .... 
Folger,  Abishai,  ..... 
Follansbee,  Joshua,  .... 

Forbes,  Archibald, 

Forbes,  Rev.  Eli,  243,  273,  359,  376,  377,  403,  404.  489,  583. 

677,  789 

Ford,  Cadwallader 77,  117,  145,  229 

Fore  River, 660, 661 

Fort  Hahfax, 36 

Fort  Hill, 359 

Fort  Massachusetts, 649 

Fort  Meadow  (part  of  Hadley),  .481 

Fort  Pownall  at  Penobscot,  36,  128,  146.  262,  263,  296.300, 

363,  376,  482,  569.  582,  621,  674  bis,  723,  749,  802 

Fort  William  Henry, 346 

Foas,  Walter. 191 

Foster,  Daniel. 64 

Foster,  Isaac, 237 

Foster,  Jamea, 434,  695 

Foster,  Jedediah,      .         .         .  406, 443, 585, 656, 681 

Foster,  Joseph, 470 

Foster,  Mary, 695 

Foster,  Thomas,       ...  38,  95,  96,  99,  100,  134 

Fowle,  Daniel 167 

Fowle,  James, 345 

Fowler,  John  (administrator) 29 

Fowler,  John  (of  Sufheld), 29 

Fowler,  Samuel,  jr., 533 

Fowler,  Thomas, 533 

Fox,  Abel, 187,  188 


174 

274 

691 

32 

346 

242,  299 

324 

563 

241 

242 

299 
697 

233 

354 

541 
320 

665 

666 

541 

779 

Fox,  Jacob, 

Fox,  Jesse, 

Fox,  Nicholas, 

Foye.  William, 

Framingham,   . 

France, 

Freeborn,  Esther  (an  Indi 

Freeborn,  Sharp  (an  Indian), 

Freeman,  Benjami: 

Freeman,  Enoch, 

Freeman,  Isaac, 

Freeman,  Nathan, 

Freeman,  Samuel, 

Freetown, 

French,  Capt. 

French,  Benjamin, 
French,  Betty, 
French,  David, 
French,  Dependence, 
French,  John,  jr., 
French,  Reuben, 
French,  Thomas, 
Frost,  Abijah, 
Froat,  John, 

Frye,  Col. , 

Frye,  Dorcas,  . 
Frye,  Elizabeth, 
Frye,  Hannah, 
Frye,  James,     . 
Frye,  James,  jr., 
Frye,  John,       . 
Frye,  Jonanna, 
Frye,  Jonathan, 
Frye,  Joseph,   . 
Frye,  Col.  Joseph, 
Frye,  Molly,     . 
Frye,  Sarah,     . 

Fullam,  Col. , 

Fullam,  Francia, 

Fuller,  Capt. , 

Fuller,  Maj. , 

Fuller,  Aaron, 

Fuller,  Abraham, 

Fuller,  Amos,   . 

Fuller,  Benjamin, 

Fuller,  Ephraim, 

Fuller,  Esther, 

Fuller,  Joshua, 

Fuller,  Capt.  Joshua, 

Fuller,  Joaiah, 

Fuller,  Mary,    . 

Fuller,  Moses,  . 

Fuller,  Nehemiah, 

Fuller,  Samuel, 

Fuller,  Sarah  (of  Dedham), 

Fuller,  Sarah  (wife  of  William 

Fuller,  Timothy, 

Fuller,  William, 

Fullers  Town  (Sudbury-Canada), 

Furbush,  Robert, 

Furnass,  Furnia  (see  Furneaa). 

Furnesa, , 

Furness,  John, 


Gale,  Henry, 728 

Gallop.  Samuel, 514, 650 

Gardiner,  Gideon, 752,  817 


459,471,636 
,  66,  140,  202 
516,517 


537,  593,  594,  688 


832 


LSTDEX    OF    ]S^A]\IES. 


Gardner,  Capt. 709, 

Gardner,  Barnabas, 

Gardner,  Criapus, 

Gardner,  Daniel, 

Gardner,  Henry, 

Gardner,  John, 

Gardner,  Jonathan, 

Gardner,  Samuel, 

Gardner,  Sylvester 207, 

Garfield,  Isaac 

Gayhead  Indians, 

Gelsson,  GeLston  (see  Gilson). 

Georgetown  (Lincoln  County),       .        .         .       207, 

Gerrish,  Col. 748, 

Gerrish,  Joseph, 459, 

Gerrish,  Samuel, 47,  58, 

Gerrish,  Maj.  Samuel 185, 

Gibba,  Henry 809, 

Gibba,  Josiah  Willard 809, 

Gibbs,  Phinoaa 773, 

Gibbs,  William 

Gier,  George, 

Gilbert,  Samuel, 

GUbert,  Thomas,     .        .       43,  93, 180,  296,  697,  776, 

Gilbert,  Thomas,  jr 

Gilbert,  Col.  Thomas 212, 

Gill,  Samuel, 

Gill,  Sarah 

Gilaon,  Dr.  Samuel, 

Gleason,  Abigail, 

Gleason,  David 

Gleason,  Ebenezer, 

Gleason,  Elizabeth, 

Gleason,  Ezra, 

Gleason,  Jacob, 

Gleason,  Phineas, 

Glee.aon,  Isaac, 


Gleeson,  Mary, 410 

Gloucester 200,428 

Glover,  Benjamin, 365 

Glover,  Peter 365 

Godfrey,  George  (Treasurer  of  Bristol  County),  395,  583, 

743 

Goffe,  Lieut.-  Gov. 46 

Goldthwait,  Ezekiel  (Public  Notary),    .  93,  180,  296 

Goldthwait,  Thomas  (commissioner  of  Land  Bank),  219 
Goldthwait,  Thomas  (truckmaster  at  Fort  Pownall),  92, 
180,  296,  531 
Gooch,  Joseph, 
Goodhue,  William,  . 

Goodrich, , 

Goodrich,  Aaron, 
Goodrich,  Allen, 
CJoodrich,  Benjamin, 
Goodrich,  Benjamin,  jr., 
Goodrich,  Charles,  .         .    136,  2 
Goodrich,  Charles  (committee), 
Goodrich,  Daniel,    . 
Goodrich,  Lemuel,  . 
Goodrich,  Nathan,  . 
Goodrich,  Samuel,  . 
Goodrich,  William,  . 
Goodridge,  Philip,  . 
Goodwnn,  Nathaniel, 
Goold,  Elizabeth,     . 
Goold,  Henry, 

Gore,  The  (West  of  Pittsfield), 
Gorham,  .... 
Gorham,  Capt.  John, 


203 


,  232,  305,  352,  353 
136,  138,  232 
,  521,  522,  716,  729 


136,  138 

136,  138 

592,  690,  691 


Page 

CJorham,  Nathaniel,  296,  444,  480,  492,  542,  585,  599.  606. 

675,  750 

Gorhamtown, 101 

Gould,  Benjamm, 539 

(3ould,  Jacob 39 

Gould,  John 39 

Gould,  John,  jr. 392 

Gould,  Rachel 736,  764 

Gould,  Robert 173,451 

Gould,  Samuel 321 

Goulding,  Palmer 344,  345 

Gowen,  Capt. 106,  208 

Gowen,  James, 739 

Gowing,  Capt. 249 

<3owing,  Thomas 70,  115 

Gra£fam,  Caleb 714,  755 

Graf  ham  (see  Graffam). 

Grafton,    .  97,  129,  416,  455,  504,  505,  557,  664,  815 

Grafton  Indiana  (see  Hassanimisco  Indians). 

Gianby, 431, 552 

Granville 142,  317,  767 

Gravel  Island, 567 

Gravelly  Brook, 75& 

Gravelly  Island  (see  Gravel  Island). 

Graves,  Eleazer,       . 411 

Graves,  Judith 411 

Graves,  Nathaniel, .338 

Graves,  Samuel, 344 

Gray, 71 

Gray,  Daniel, 589,  640 

Gray,  Harrison  (councillor) 680 

Gray,  Harrison  (Province  Treasurer),  10,  18,  19,  29,  37,  40, 
50,  51,  59,  60,  66,  72,  87,  92,  104,  125  bis,  134,  135,  143, 
151,  152,  155,  179,  181,  187,  197,  201,  209  bis,  214,  218. 
219,  238,  255,  256,  257,  258  ter,  259  bis,  260  bis.  261 
bis,  264,  284,  290,  294,  295,  359,  361,  364,  376,  379,  380, 
388,  396,  398,  402,  404,  408,  420,  431,  441,  444,  447,  455, 
459,  472,  473,  474,  492,  496,  497  bis,  500.  516,  M6,  551, 
552,  576,  577,  578,  584,  597,  603,  608,  653,  670,  673,  674, 
678,  724,  740,  741,  744,  749,  782,  784,  811 
Gray,  James,    ........      549 

Gray,  Capt.  John,  751 

Gray,  Lamond 589,  640 

Gray,  Thomas 7,  30 

Gray,  Thomas  (administrator),       ....      156 
Great  Barrington,  99,  129,  187,  203,  208,  209,  486,  515,  644, 

765 
Great  Britain,  .       72,  173,  208,  211,  289,  430,  711,  747 

Great  Falls  or  Twenty  Mile  Falls,  .  58, 382 

Greaton,  John,  jr., 158,  159,  508 

Green, (Green  and  Russell,  printers),     .         .        82 

Green,  John  lof  Worcester], 73 

Green,  John 344 

Green,  Joseph, 344 

Green,  Joseph  (of  Boston) 643,  C60 

Green,  Joseph  (see  Green  and  Walker),  .       214,  627 

Green,  Rev.  Joseph, 450 

Green,  Samuel, 344 

Green,  Dr.  Thomas 234 

Green,  Timothy, 66J 

Green,  William 344 

Green  and  Walker 214,  477,  584,  627 

Green  and  Walker  and  Bulfinch 762 

Greenell,  Benjamin 320,  321 

Greenleaf,  Jonathan, 765 

Greenleaf,  Lydia, 178 

Greenleaf,  Stephen 178 

Greenleaf,  Stephen  (grandson  of  Stephen  Greenleaf),    178 
Greenleaf,  Capt.  Stephen 47 


Index  of  ^Names. 


833 


Page 
Greenwoods,  The  (place  so  called,  between  Bland- 
ford  and  Sandisfield),     .         .         .        339, 535, 767 

Gregory,  Daniel 550,  551 

Gregory,  Persia,        .        .       , 550 

Gregory,  Sarah 550 

Gridley,  Richard 415 

Gridley,  Samuel 255 

Gridley,  Sarah 415 

Griffin,  William 95,  212 

Griggs,  Abigail 509,  574 

Griggs,  Benjamin, 763 

Griggs,  George 509,  574 

Griggs,  Mary, 509 

Griggs,  Sarah 509,  574 

Griggs,  Susanna 509,  574 

Groton 426,  552,  605,  606 

Grout,  Hannah 382 

Grout,  Joel 759 

Grout,  Jonathan,     . 382 

Grout,  Jonathan  (son  of  Jonathan  Grout),    .         .      382 

Grout,  Kilkiah 406 

Grout,  Peter 344 

Grout,  Priscilla 382 

Grout,  Silence, 382 

Guild,  Benjamin 641,  642 

Guilford,  John 81 

Gunn,  Elisha 773 

Gurney,  Hope, 13 

Gurney,  Micah, 13 

H. 

Hacket's  Brook 387 

Hadley 500 

Hagget,  Deborah, 657 

Hagget,  Jacob, 657 

Hail,  Walter 161 

Hale,  John 39,  190 

Hale,  Moses 521 

Hale,  William 126 

Halifax  (Nova  Scotia) 75,  245,  353 

Hall, , 92,  135,  295,  366 

Hall,  Andrew 40,  360 

Hall,  Barnabas 469 

Hall,  Hezekiah 618 

Hall,  Isaac 199 

Hall,  Capt.  James 567,  568 

Hall,  Marcy, 469 

Hall,  Mary 567,  568 

Hall,  Mary  (daughter  of  Capt.  James  Hall),         .      568 

Hall,  Richard 239 

Hall,  Samuel, 567 

Hall,  Stephen, 201  its 

Hall,  Stephen  (chaplain) 454,  538 

Hall,  Thomas, 754, 755 

Hallet,  Enoch 93 

Hallowell,  Benjamin,  jr 142, 143 

Hamant,  Asa, 638 

Hamblen,  Seth, 251 

Hamblen,  Southward, 251 

Hambleton,  John, 535 

Hambleton,  Otho, 535 

Hammond, , 173 

Hampshire  Ctounty,  12,  29,  93,  98,  130,  175,  198,  204,  241, 
243,  245,  248,  262,  266,  277,  289,  313,  336,  401,  409,  476, 
485,  557,  575,  589,  622,  634,  684,  723,  744,  745,  757,  773 

Hancock, ,  135,  257,  378,  408,  492,  570,  582,  628,  674, 

680,  709,  737,  740 
Hancock,  John 218,  380,  475,  736 


Hancock,  Thomas,  . 

Hancock,  Thomas  (of  Boston) 

Hanover, 

Harding,  John, 

Hardwick,  .     236,271,303, 

Hardy,  Peter,  . 

Hardy,  Timothy, 

Harlow,  Dr.  Eleazer, 

Harlow,  Seth,  . 

Harman,  John, 

Harmons  Pond, 

Harper,  George, 

Harrington,  Joseph 

Harrington,  Joseph  (son  of  Joseph  Harringto 

Harris,  Dorcas, 359 

Harris,  Joseph, 320,  321 

Harris,  Nathaniel, 

Harris,  Samuel, 

Harris,  Solomon, 

Harrison,  Charles, 

Hart,  Charles, 

Hart,  James,    . 

Hart,  James,  jr.. 

Hart,  John, 

Hart,  Capt.  Moses, 

Hart,  Thomas, 

Hartford,  Connecticut 

Hartford  County,  Connecticut, 

Hartshorn,  Ebenezer,       .    323,  324, 

Hartshorn,  Susanna 

Hartshorn,  Thomas, 297 

Hartwell,  Josiah 816 

Hartwell,  Sarah, 736,  764 

Hartwood,  Township  of  (now  Washington),  .       561,  562 

Harvard 236,  268,  271 

Harvard  College,  Cambridge,  33,  47,  48  bis,  49,  68,  73,  125, 

273,  345,  356,  387,  514,  515,  537,  538,  543,  594,  595  bis, 

599,  688,  748,  753,  807 
Haskall  (see  Haskell). 

Haskell,  Jacob 25 

Haskell,  John 665 

Haskell,  Joseph, 213 

Haskell,  Samuel,  jr. 96 

Haskell,  Zebulon 25 

Hassanamisco  Indiana,  9,  195,  280,  299,  340, 


378,  505,  557, 
563,  680,  731 


Hastings,  Seth 

Hastings,  William  Soden, 

Hatch,  Agathy, 

Hatch,  Ebenezer 

Hatch,  Lucy, 

Hatch,  Nathaniel, 

Hatfield, 

Hathaway,  Ebenezer,      .         .  269, 270, 

Hathaway,  Ebenezer  (son  of  Ebenezer), 
Hathaway,  Silas,      ..... 
Hatheway  (see  Hathaway). 
Havanah,  The,         ..... 

Haven,  David, 

Haverhill 205, 

Hawks,  Moses, 

Hawley,  Maj. , 

Hawley,  Joseph,  25,  129,  138,  203,  248,  481, 


27,  121,  238 
320,  321,  693 


267,  623,  790 
65,  210 


486,  551,  555 
bis,  729,  736 


Hayden,  Elizabeth, 
Hayden,  Robert, 
HayTvard,  Ebenezer, 
Hayward,  Joseph  (executor), 
Hayward,  Matthew, 


83i 


IXDEX   OF   KaJVIES. 


Page 

Haywood,  Daniel 818 

Haywood,  Daniel,  jr 818 

Head,  John, '        ...      785 

Healey,  Joshua, 743 

Healey,  Capt.  Nathaniel 743 

Heard,  Richard 382 

Hearsey,  Jonathan  (administrator),        .         .         .      274 
Hearsey,  Jonathan  (of  Hingtiam),  .         .         .      274 

Heath,  Capt. 492,  503 

Hedge,  Abraham 164 

Hedge,  Mary 164 

Heminway,  Joshua, 628 

Henry,  Malcomb 286 

Henshaw,  Joshua  (Treasurer  of  Suffolk  County),  37,  126 

251,  366,  394,  641,  723 

Herring  Pond  (in  Plymouth),         .         .  .593 

Herrington,  Daniel, 345 

Herrington.  Thomas 345 

Heywood,  Phineaa,  ....  12,  414,  769 

Hickling,  Thomas 643 

Hickling,  WilUam 425,  426,  643,  660 

Hickok, 521 

Hicks,  Zachariah 434 

Hide  {see  Hyde). 

Hight,  William 645 

HiU, 288 

HiU,  Asa 562 

Hill,  Elizabeth  (an  Indian), 774 

Hill,  Hannah  (an  Indian), 774 

Hill,  John 690 

Hillsborough,  New  Hampshire  (Township  Num- 
ber Seven) 288 

Hingham 287,  659,  780 

Hinkley,  Cyprian, 789 

Hinkley,  Mehettable, 789 

Hinsdale, , 645 

Hinsdale,  John 399 

Hinsdale,  Samuel, 695 

Hinsdell  (see  Hinsdale). 

Hiacock,  James 84 

Hitchcock,  George, 723 

Hitchcock,  .Samuel 258,  512 

Hoar,  Col. U,  484 

Hobson,  Humphrey 393,  507 

Hodge,  Michael 407 

Hodge,  Susanna 407 

Hodges,  Ephraim, 397 

Hodges,  Isaac, 397 

Hogoboom,  Jeremiah, 667 

Hoit  {see  Hoyt). 

Holbrook,  Ezra 345 

Holbrook,  John 345,485 

Holden, 410,811 

Holden,  Dr. 212 

Holden,  Amos. 736,  764 

Holden,  Caleb "36,  764 

Holden,  David 736,  764 

Holden,  Isaiah 736,  764 

Holden,  John 736,  764 

Holden,  Nehemiah 736,  764 

Holden,  William 239 

Holland,  Richard 174 

Holland,  William  (of  Boston) 40 

Holland,    William     (of    Falmouth,    Cumberland 

County), 643 

HoUiston 131,627 

Holmes,  Capt.  Ephraim 11 

Holmes,  Jedediah, 11 

Holmes,  Ruth H 


Page 

Holmes,  Samuel 447 

Holt,  Joshua, 422 

Holyoke,  Rev.  Edward,  .  88,  183,  285, 390 

Hoosac  Mountains,  .         .65,  121,  491,  519,  597,  598,  737, 

Hoosac,  Township  of, 494 

Hoosic  River, 230,  649 

Hoosuck  {see  Hoosac). 

Hoosuck  River  {see  Hoosic  River),         .         .         .      230 

Hope,  James, 809 

Hope,  Marcy  (an  Indian) 776 

Hopkins,  Benjamin 132 

Hopkins,  Mark  (representative),     .         .         .         .761 
Hopkins,  Mark  (Treasurer  gf  Berkshire  County),  122,  652. 

718 

Hopkins,  Mary 733 

Hopkinton 249 

Horn  Pond, 161 

Hoskins,  Joseph, 321 

Hoskins,  Samuel 213,  214 

Hosswit,  Zachariah, 788 

Houghton,  Benjamin 277 

Houghton.  Nathaniel 212 

Houghton,  Thaddeus,      ......        12 

Housatonic  River,    ......       580,  765 

Housatonnock  River  {see  Housatonic  River). 

Hovey,  James, 633 

How,  Josiah 311 

How,  Mary 311 

Howland,  John 271 

Howland,  Joseph, 317 

Howland,  Lemuel, 599 

Howland,  Martha, 317 

Howland,  Nathaniel 317 

Howland,  Patience, 271 

Howland,  Patience  (minor),    .....      271 

Howland,  Susanna, 317 

Hewlett's  Brook 758 

Hoyt,  Aaron, 75 

Hoyt,  Joseph 547,  548 

Hoyt,  Robert 75 

Hoyt,  Theodore,      .  .  '      .         .         .         .75 

Hubbard,  Thomas,  7,  71,  104,  135,  152,  153,  167,  179,  257, 

378,  459,  497,  570,  629 

Hubbard,  Thomas  (Commissary  General),  19,  20  bis,  92, 

102,  134,  146  bis.  147,  161,  179,  182,  245,  255,  259  bis, 

260,  295,  304,  320,  360,  364,  365  ter,  379,   389,   454, 

487  bis.  488,  551 

Hubbard,  Thomas  (of  Boston),       ,         .  730,  787 

Hubbardston,  District  of,        .         .         .         294,  501, 759 

Hudson  River,         .  .  216,  217,  279,  322,  323,  680 

Humphrey,  James, 219, 480 

Hunn,  Ruth 204 

Hunniwell,  Roger, 804 

Hunt,  Daniel, .54 

Hunt,  Ebenezer, 121, 399 

Hunt,  Enoch 122,  123 

Hunt,  Rev.  John 672,  782 

Hunt,  Peter, 323 

Hunt,  Samuel, 211, 320 

Hunt,  Silas 586 

Hunt,  Silence, 586 

Hunter,  Betty  (an  Indian) 267 

Hunting,  Amos,       . 805 

Hunting,  Asa,  .......      805 

Hunting,  Ebenezer, 805 

Hunting.  Ebenezer  (son  of  Ebenezer  Hunting),     .      805 

Hunting,  Elisha 805 

Hunting,  Jabez 805 

Hunting,  Jonathan, 805 


Index  of  Names. 


835 


Hunting,  Jonathan  (father  of  Ebenezer  Hunting  of 

Hingham) S 

Hunting,  Nathan, 8 

Hunting,  Ruth, 8 

Hunts  Town 25,  27,  135,  3 

Hurd,  Mary  (an  Indian) 3 

Huse,  Mary 185,  1 

Huse,  William 185,  1 

Hussey,  Hamilton, 16,  35, 

Huaaey,  Obed 93  bis,  ISO,  206,  6 

Hussey,  Stephen,     .        .         .  444, 492,  585,  675,  7 

Huston,  John, 7 

Huaton,  Joseph, 

Hutchinson,  Edward 693,  7 

Hutchinson,  Elijah 8 

Hutchinson,  Elizabeth 4 

Hutchinson,  Foster 668,  7 

Hutchinson,  Hannah 5 

Hutchinson,  Jonathan, 422.  4 

Hutchinson,  Thomas,  7,  8,  86,  134,  181,  211,  253,  255,  2 

283,7 

Hyde,  Amos, 3 

Hyde,  Daniel 3 

Hyde,  Eleazer, 2 


I. 

Indians. 

Abraham,  Betty  (alias  Sampson),    .        .  280 

Ahauton,  Elizabeth 732 

Ahauton,  Job, 732 

Ahawton  (see  Ahauton). 

Awonsamug,  Submit 779 

Babeauck,  John 83 

Barker,  John 415 

Black  Ground  Indians     (in    Plymouth    and 

Sandwich) 619 

Brand,  Bethiah, 171 

Brand,  Caleb 171,  306 

Brand,  Deborah 169,  301 

Brand,  Joshua, 301 

Brand,  Peter 301 

Burne,  Abigail 731 

Burne,  Fortune, 731 

Catharine 592 

Chappaquiddick 789 

Cheeksaunkun,  Jacob 70,  71 

Church's  Indians  (in  Freetown),      .         .         .619 

Comecho,  Deborah, 596 

Comecho,  Hezekiah, 17 

Comecho,  Sarah 483,  494,  596 

David,  Deborah 416 

David,  Patience, 416 

David,  Stephen 42,  229 

Dudley 324,  451,  588,  743,  769 

Ephraim,  John 595,  596,  732 

FeUx,  Israel, 337 

Felix,  Thomas, 42 

Figgins,  Thankful 339,  383' 

Fresborn,  Esther,       .         .  241,  242,  299,  324,  563 

Freeborn,  Sharp 241,  242,  299 

Gayhead 788 

Hassanimisco  or  Grafton,  9,  195,  280,  299,  340,378, 
505,  557,  563,  680,  731 

Hill,  Elizabeth 774 

Hill,  Hannah 774 

Hope,  Marcy 776 

Hunter,  Betty 267 


Faob 

Indians  —  continued, 

Hurd,  Mary 324 

Jeffry,  Isaac 624 

Kokhkewenaunaut,  Benjamin,  .         .      592 

Kokhkewenaunaut,  Benjamin  (son  of  Benja- 
min Kokhkewenaunaut),       .         .         .         .592 

Kokhkewenaunaut,  David,       ....      592 

Kokhkewenaunaut,  Joseph,      ....      592 

Lawrence,  Hannah,  ......      557 

Lawrence,  Peter,        .  .  241, 299, 557, 563 

Mattakeaet, 768 

Mohawks 583 

Muet,  Isaac, 787 

Muet,  Jane,        .......      787 

Mulatto 69 

Natick,  17,  318,  324,  449,  520,  572,  574,  653,  731,  732, 

775 

Naunauneekaunuck,  David 678 

Obsco,  Jonas, 652 

Obsco,  Mary, 652 

Ompany,  Samuel 189,  190,  361 

Ompany,  Zurviah 189,  190,  361 

Osgood,  Abigail 306 

Pe^an,  Patty 324 

Plymouth  County 77,  229 

Pumpum,  Betty 212 

Pumpum,  Thomas 212 

Puncapaug,  42,  69,  107,  203,  212,  246,  267,  268,  381,  630, 

741 

Quibbit,  Nathan 503,  633 

Robbina,  Hannah  (widow),      .         .         .       229, 281 

Robbina,  Hannah 229 

Sepit,  Desu-e, 272 

Shouhnockhock,  Jehoiaklm 592 

Simon,  John, 604 

Sooduck,  Esther 449 

Spean,  Elizabeth 732 

Spywood,  Eunice 453,  483 

Squinn,  Lydia, 577 

Stockbridge 67,  70,  71 

Stoughton  Indians  (see  Puncapaug  Indians). 

Thomas,  James 42,  229,  280 

Thomas,  John 229 

Thomas,  Patience, 301,  306 

Tobumso,  Samuel, 318 

Tray,  Elizabeth 731 

Tusnuck,  Jacob,         ......      624 

Wampsquam,  Sarah,  .  381,  383,  453,  483,  494,  501 

Wcome  (see  Jehoiaklm  Shouhnockhock). 

Wickett,  Jabez 593 

Wiser,  Benjamin 318 

Womscom,  John, 83 

Womscom,  Rhoda 83 

Ingalls,  Abijah 422 

Ingell,  Jonathan, 563 

Ingersoll,  Col. 150 

Ingersoll,  Maj. 761 

Ingersoll,  David  (of  Great  Barrington),  248,  486,  541,  713, 

766 
Ingeraoll,    David  (Deputy  Sheriff  of  Hampshire 

County) 243 

Ingersoll,  David,  jr.,        .         .         .  541, 644,  649,  713 

Ingersoll,  Hannah 479 

Ingersoll,  James, 479 

Ingoll,  Capt. 174 

Inkhorn  Brook 253 

Ipswich,  52,  105,  115,  159,  184,  246,  319,  407,  459,  656,  691 

758,  759 
Ipswich  River, 459 


836 


Index  of  ^a^mes. 


Page 
Ipswitch  (see  Ipswich). 

Ireland, 10 

lale  au  Noix,    ,         .   • 491 

J. 

Jackson, , 249 

Jackson,  Benjamin, 13 

Jackson,  Deborah, 13 

Jackson,  Eleazer, 710 

Jackson,  Ephraim 560 

Jackson,  Hannah, 13 

Jackson,  Joseph, 160 

Jackson,  Rebecca, 13 

Jackson,  Richard 72,  173,  289,  380 

Jackson,  Susanna, 13 

Jacob,  Elisha 513 

Jacquish,  John, 345 

James,  Enoch, 486, 487 

James,  Francis, 487 

James,  John, 486 

James,  John  (son  of  John  James),  .         .        .       486,  487 

James,  Thomas, 486, 487 

Jeffries.  David, 399 

Jeffries,  David  (Treasurer  of  Boston),    .         .         .      488 

Jeffries,  John, 7 

Jeffries,  John  (of  Rutland), 86 

Jeffry,  Isaac  (an  Indian), 624 

Jenks,  Lydia 743 

Jenne,  Job 384 

Jenne,  Samuel, 383 

Jennison,  Peter, 728 

Jennison,  William. 663 

Jericho  (Hancock). 352,  532 

Jewett, , 507 

Jewett,  Daniel, 190 

Jewett,  Da\'id 190 

Jewett,  Enoch. 190 

Jewett,  Moses, 190 

Jewett.  Thomas 190 

Jewit  (see  Jewett). 

Johnson, , 138 

Johnson,  Benjamin, 76 

Johnson,  Caleb 412 

Johnson.  Catherine,         .         .        .         522, 523, 733, 734 

Johnson,  Ebenezer, 282 

Johnson,  Edward 437 

Johnson,  Eleazer  (executor),  ....  523,  733 
Johnson,  Eleazer  (son  of  Isaac  Johnson),  .  522,  523 
Johnson,  Capt.  Eleazer,  ....        523,  733,  734 

Johnson,  Elizabeth 412 

Johnson,  George,  jr., 789 

Johnson,  Isaac,         ....         522,  523,  733,  734 

Johnson.  Jacob 522 

Johnson,  Katharine  (see  Catherine  Johnson). 

Johnson,  Noah, 752 

Johnson,  Richard, 76 

Johnson,  Samuel 734 

Johnson,  Stephen 600,  601 

Johnson,  Sir  WiUiam 16 

Jones,  Col. , 562 

Jones,  Capt.  Aaron, 759 

Jones,  CorneUus,  .  262,  598,  622,  684,  698,  761,  762  bis 
Jones.  Daniel,  .......      737 

Jones.  David, .      266 

Jones,  Elisha, 125,  157,  260 

Jones,  Ichabod, 446 

Jones,  John, 344 

Jones,  John  (attorney), 189 


Page 

Jones,  John  (guardian  of  Natick  Indians),     .         84,  520 

Jones.  Capt.  John, 564 

Jones.  Capt.  John  (of  Dedham) 171 

Jones,  Josiah, 624 

Jones,  Josiah  (administrator),  ....      132 

Jones,  Josiah  (of  Wilmington) 132 

Jones,  Mary 715 

Jones.  Nathan,         .         .         .  157,  173, 260, 451, 649 

Jones,  Samuel, 81 

Jones  Mill  Brook  {see  Pelham  Brook). 

Jordan,  Samuel 102 

Jordan,  Tristram 62 

Joselyn,  Josslyn  (see  Josselyn). 

Josselyn,  Joseph, 48 

Josselyn,  Joseph  (of  Hanover),        ....      786 

Joy, , 69,70 

Joy,  John  (of  Boston), 78 

Joy,  John  (of  Sherborn),  .....        78 

Judd,  Rev.  Jonathan, 622 

Justices  of  the  Superior  Court,  86,  108,  181,  283,  388,  441, 

497,  578 

Karswell  (see  Kerswell). 

Kast,  Philip  Godfrid 27 

Kast,  Thomas, 27 

Kellogg,  John, 245 

Kellogg.  Oliver 245 

Kellogg.  Russell 245 

Kellogg,  Stephen 631 

Kellogg.  Timothy, 249 

Kellogg,  William,     ....          198,  200,  254,  310 

Kemball,  John 436,  437 

Kendall,  Benjamin, 131 

Kendall,  Samuel, 540 

Kennian,  Christopher 532 

Kent,  Benjamin 785 

Kent,  Sarah. 786 

Kent,  Stephen 20 

Kerswell,  James 56,  57 

Keyes,  Gershom 288 

Keys,  Ephraim 64,  136,  232 

Kibby,  Joshua 344 

Kidder,  Jonathan, 621 

Kidder,  Joseph, 267 

Kidder,  Josiah, 621 

Kidder,  Mary  (Mary  Badger) 267 

Kidder,  Mary  (daughter  of  Josiah  Kidder),  .         .  621 

Kidder,  Molly 621 

Kidder,  Thomas, 539 

Kilcup.  Dudson,  103,  399,  444,  492,  585,  675,  750,  784.  785 

Killam,  John, 39 

Killingley  (see  Killingly). 

Killingly,  Connecticut 606 

Kimball,  Amos 191 

Kimball,  Benjamin  (of  Ipswich) 32 

Kimball,  Benjamin  (of  Wenham),           .         .         ,  319 

Kimball,  George, 712,  793 

Kunball,  Phcebe, 319 

Kimball,  Richard 358 

Kimball,  Samuel 319 

King,  Capt. , 300 

King,  Edward, 399 

King,  Eunice, 775 

King,  Jemima, 157 

King.  John, 142 

King.  Mindwell, 775 

King,  Philip, 157 

King,  Richard 439 


Ikdex  of  Names. 


837 


Page 

King,  Simeon, 775 

King.  Thomas,         .         .         .  444, 492,  585,  675,  750 

King  George,  the  ship, 40,  256 

King  George,  the  Third 108 

King  James,  the  First,     .         .       ■ .        .        .         .279 

King  Street,  Boston, 804 

Kingsbury,  Capt.  Seth 572 

Kingsley,  John 161 

Kingsly  (see  Kingsley). 

Kingston 647,  750,  751 

Kirkwood,  Alexander 434 

Kirkwood,  James, 456,  739 

Kitteridge,  William, 144 

Kittery, 56,  57 

Knap,  John, 346 

Knap,  Samuel, 346 

Kneelands  Farm 558 

Knight,  Ebenezer, 759 

Knight,  Jonathan, 80 

Knowles,  Edward, 715 

Knowles,  Edward,  jr., 715 

Knowles,  Hannah, 715 

Knowlton, , 664 

Kokhkewenaunaut,  Benjamin  {an  Indian),  .  592 

Kokhewenaunaut,  Benjamin    (an  Indian,  son  of 

Benjamin  Kokhewenaunaut),  .  .  .  592 
Kokhkewenaunaut,  David  (an  Indian),  .  .  592 
Kokhkewenaunaut,  Joseph  (an  Indian),        .         .      592 


Labenan  (see  Lebanon). 

Lakeman,  John, 

Lakin,  Joseph, 

Lamb,  Col.  Joshua, 

Lamb,  Samuel 136,  138, 

Lamond,  Archibald, 589, 

Lamond,  Archibald  (grandson  of  Archibald  La- 
mond),     

Lamond,  Margaret, 589, 

Lamond;  Robert, 

Lampson,  John, 

Lampson,  John,  jr., 

Lancaster, 236,271, 

Lancton  (see  Langdon). 

Lanesborough 83,  121,  172,  305, 

Langdon,  Rev.  Samuel, 648, 

Lansinegh,  Abraham  Jacob, 

Lansing,  Capt.  Abraham  Jacob,     .... 

Larrabee,  Thomas,  .     * 81, 

Lairabee,  William, 

Lawrence,  Col. , 514,  . 

Lawrence,  Amos, 

Lawrence,  Hannah  (an  Indian),     ,        .        .         .      . 
Lawrence,  Peter  (an  Indian),  .         241,  299,  557, . 

Lazell,  William 

Lealand,  Henry, i 

Learned,  Benjamin, i 

Learned,  Elizabeth, i 

Learned,  John  Willson, i 

Lebanon,  Connecticut i 

Lebanon,  Maine, 161,  i 

I^bby,  Libbe©  {see  Libby). 

Le  Blanc,  Francis, 

Lee, , 

Lee,  Charles, 

Lee,  John, 

Lee,  Joseph, 

Lee,  Samuel, 57,  60, 


Page 
Lee,  Samuel  (of  Rutland  District),         ...        12 

Lcete,  Timothy, 278 

Leicester 236,271,728 

Lenox,  District  of, 404,  609 

Lenox,  Town  of  (see  District  of  Lenox). 

Leominster 70,236,271,813 

Leonard,  Elkanah, 56 

Leonard,  George,  jr., 681 

Leonard,  Hannah, 142 

Leonard,  Joshua, 142 

Leonard,  Samuel, 409,  410 

Leonard,  Zebulon, 56 

Leonard,  Zephaniah 142 

Lewis,  James  Hawks, 319 

Lewis,  Job, 207 

Lewis,  Winslow, 675, 750 

Lexington, 16,  36,  235,  304,  432 

Libby,  Elisha, 81 

Libby,  George 51,  52 

Libby,  John, 275 

Mary 275 


.       455.  635 
207,  208,  218,  249,  568,  569,  780 


.  43,  68,  93,  477,  549,  750,  793,  817 


Libby, 

Libby,  Nathaniel, 
Libby,  Peter,    . 
Libby,  Richard, 
Lincoln,    . 
Lincoln,  Ann,  . 
Lincoln  Bela,    . 
Lincoln,  Benjamin, 
Lincoln,  Benjamin, 
Lincoln,  Hannah, 
Lincoln,  Joshua, 
Lincoln  County, 

Lisbon, 

Liscom,  Samuel, 

Lithgow,  William  (Treasurer  of  Lincoln  County), 

Lithgow,  William  (truckmaster  at  Fort  Halifax), 

Little,  Lemuel, 

Little,  Moses,    . 

Little,  Capt.  Moses, 

Little,  Nathaniel,     . 

Little,  Capt.  Nathaniel, 

Little,  Stephen, 

Little,  William, 

Littleton, 

Livermore,  .Samuel, 

Livingston,  Philip,  . 

Lock  {see  Locke). 

Locke,  Joshua, 

Locke,  Josiah, 

Locke,  Rev.  Samuel, 

Lombard,  Solomon, 

London,    . 

Long  Lane, 

Long  Pond, 

Long  Pond  River,    . 

Longfellow,  Stephen, 

Longfellow,  Stephen  (of  Pearsontown) 

Longley,  Nathaniel, 

Longon,  Glode, 

Look,  Stephen, 

Loomis,  Josiah, 

Lord,  Stephen, 

Lothrop,  Deborah, 

Lothrop,  Isaac, 

Lothrop,  John, 

Lothrop,  Joseph, 

Lothrop,  Rebecca, 

Lothrop,  Temperance, 

Lothrop,  Thomas,    . 


552,  816 
537,  594,  595 


519,  603,  737,  761 

.      810 

442.  446,  498,  579,  669 

100.  102,  393 

19,  216,  488 


838 


Index  of  Names. 


Page 

Louisburg 20,  32,  43,  74,  103,  534 

Lovelace,  Francis  (Governor  of  New  York),  ,      252 

Lovet,  James 166 

Lovet,  Capt.  Phineas 195 

Lovewell,  Capt.  John,      ....        622,  689,  752 

Lovewell's  Pond, 439 

Lowder,  Jonathan, 535 

Luce,  Jesse 358 

Luce,  Roland, 358 

Lumbard  (see  Lombard). 

Lunenburg 191,  236,  271,  810 

Lunt,  Josiah, 452 

Luscomb,  Robert 51,  305,  395 

Luther,  Martha 156 

Lyman,  Rev.  Isaac, 648, 760 

Lynd,  Jonathan 193,  194 

Lynn 546,  743 

Lyon,  Enoch ■       .        .      106 

in. 

McCbbb,  James, 545 

McCobb,  William 814 

Mackey,  Daniel 345 

Macklafilin,  Daniel 344 

Macklafilin.  Robert 344 

Maclafilin  (see  Macklafilin). 

McMasters,  John 549,  760 

McMasters,  Robert 760 

McNitt,  Bernard 241 

Macey,  Jabez,  jr., 693 

Macey,  Rachel, 693 

Machias 446,447,507 

Maddin  (see  Madding). 

Madding,  Timothy 786,  787 

Main  Street,  Charlestown, 734 

Maine,  Province  of 65,  106,  140 

Major's  Pm-chase  (in  Pembroke),   ...        95,  213 

Mallery,  Samuel, 532 

Mandel,  Capt.  Paul 750 

Mansfeild  (see  Mansfield). 

Mansfield,  District  of, 467 

Mansfield,  Hannah, 675 

Mansfield,  John 437,  717 

Mansfield,  Joseph 675 

Mansfield,  Lazarus,  324 

Mansfield,  WiUiam 324 

Marblehead 436 

March,  Capt.  John, 47 

March,  Samuel 81,  439,  630,  631 

Marcy,  Moses, 196,  240 

Marick,  Hannah, 348 

Marick,  Isaac, 348 

Marlborough 495,508 

Marsh,  Christopher  Bridge,     ....         89,  183 

Marsh,  David 199,  362 

Marsh,  Elisha  (agent  of  Westminster),    .         .         ,      309 

Marsh,  Elisha  (guardian), 287 

Marsh,  Perez, 57 

Marsh,  Thomas, 656 

Mar3h.all,  John 590 

Marshall,  John  (son  of  Mary  Marshall),  .         .      590 

Marshall,  Joseph 307 

Marshall,  Lucy, 590 

Marshall,  Mary  (of  Boston), 272 

Marshall,  Mary  (widow), 590 

Marshall,  Polly, 590 

Marshall,  Samuel, 590 

Marshall,  Samuel  (son  of  Lucy  Marshall),      .         .      590 
Marshall,  William 590 


Page 

Marshall,  William  (of  Walpole),      ....      508 

Martin,  John 343,  344 

Martin,  Josiah, 743 

Martin,  Lydia 743 

Martindale,  EUsha,      •     .         .         .         .        689,  690,  757 

Martyn,  Jacob 196 

Mashpee,  District  of 599 

Mason,  Abigail, 433 

Mason,  Ebenezer, 556 

Mason,  John 433 

Mason.  Jonathan,     .         .  - 185 

Mason,  Samuel 433 

Massachusetts  Bay,  Province  of,     .  208,  216,  279,  322 

Massachusetts,  the  sloop 175 

Masters,  Philip 425,  426 

Masters,  Rachel 425,  426 

Mather,  Samuel, 641 

Mattakeset, 306 

Mattakeset  Indians 768 

Mauduit,  Jasper,      .        .         18,  26;  72,  134,  218,  256,  472 

Mayhew, 27 

Mayhew,  William 788,  789 

Mayhew,  Zachariah 189,  190 

Maynard,  Joseph,  jr., 55 

Maynard,  Stephen, 754 

Mayo,  Joseph 606 

Meadow  Brook 759 

Mears,  John,  jr. 255 

Medfield 803 

Medford, 568 

Medway, 82,  430,  811 

Meermeed  (Trout  Brook),        .....      603 

Mellen,  Capt.  Joseph 249,  572,  574 

Mellen,  Thomas 773 

Mendon, 167,  195,  206,  236,  247,  271 

Meriam,  Joseph, 344 

Meriam,  Joseph,  jr., 772 

Meriam,  Robert, 344 

Merick  (see  Merrick). 

Merrett,  John, 192 

Merrick,  Mary 385 

Merrick,  Tilley 385 

Merrifield  (see  MjTifield). 

Merrimac  River, 537 

Merrow,  Abigail, 61 

Merrow,  Henry 61,  62,  539 

Metcalf,  Calvin 274 

Metcalf,  Hannah, 274 

Metcalf,  Joseph 274 

Metcalf,  Joseph  (son  of  Joseph  Metcalf),         .         .      274 

Metcalf,  Luther 274 

Metcalf,  Martha 642 

Metcalf,  Mary,  .......      641 

Metcalf,  Mary  (daughter  of  Timothy  Metcalf),     641,  642 

Metcalf,  Mehitabel 274 

Metcalf,  Susannah 274 

Metcalf,  Timothy 641,  642 

Methuen,  .......         45,  473 

Middleborough,        .  7,  95,  213,  256,  404,  405,  503,  504 

Middlesex  County,  21,  23,  31,  36,  77,  79,  93,  131,  144,  162, 
163,  164,  188,  189  6»s,  199,  215,  237,  274,  287,  293,  297, 
298,  304,  310,  318,  341,  351,  385,  410,  413,  427,  432,  434, 
437,  438,  440,  474,  477,  479,  496,  618,  623  bis,  544,  560, 
561,  568,  602,  621,  623,  628,  666,  668,  686,  733,  734  bis, 
738,  762,  754,  772,  774,  802 

Middleton, 459 

Miles,  Jemima,  . 342 

Miles,  Joseph, 342,  343  bis 

Miles,  Keziah, 343 


Index  of  Names. 


839 


Page 

Miles,  Millicent 343 

Milk,  Jamea  (Treasurer  of  Cumberland  County),  168, 

632,  727 

MUk  Street,  Boston 730,  787 

Mill  River  (in  Springfield) 424 

Millard,  Mary 569 

Millard,  Mehetabel 548 

Millard,  Nathaniel 548,  569 

Millard,  PhUip 569 

Miller,  James, 338 

Miller,  Robert 74,  347 

Miller's  Plain, 41,  645 

Millers  River 655,  695,  759 

MiUs,  David 805 

Mills,  Elizabeth 805 

Mills,  Rosewell, 511 

MUton 69,312,317 

Minor,  Stephen 185 

Minot,  Stephen, 86 

Miriam, 521 

Mirick,  Ebenezer 269,  270 

Mirick,  Josiah, 748 

Mirick,  Phineas, 98 

Mirick,  Ruth 748 

Mirick,  Samuel 269,  270 

Mitchell,  Joseph 637 

Mixer,  John 344 

Mocke,  Francis, 344 

Mohawks,  583 

Molineux,  William,  .......      303 

Monadnock  Number  Five  Township  (New  Hamp- 
shire)  508 

Monson,  District  of,         .         ,         .         .         .         •      511 

Montreal, 340 

Monument  Ponds, 272 

Moody,  Joshua, 439 

Moor  (see  Moore). 

Moore,  Daniel, 344 

Moore,  Sir  Henry  (Gov.  of  New  York),         217,  280,  323 

Moore.  Jacob, ■     .      344 

Moore,  Jacob  (administrator),         ....      438 

Moore,  James, 344 

Moore,  Joseph, 345 

Moore,  Margaret, 76 

Moora,  Jonathan 188 

Moors,  Joseph, 188 

Morey,  Eliphalet 12 

Morey,  John, 682 

Morey,  John  (son  of  John  Morey),  .         .       682,  683 

Q,  Jane,  ........        30 

)ses 30,  31 

Morse,  Edward 96,  213 

Morse,  John 81 

Morse,  Joseph,  ......       345,  759 

Morse,  Nathaniel, 344 

Morse,  Sarah 81 

Morse,  Samuel, 17 

Morss,  Benaiah, 677 

Morton,  Elijah, 806 

Morton,  Nathaniel,  jr '  .         .         .100 

Moseley,  Capt. 542 

Mo-sely  (see  Moseley). 

Moulton,  Daniel,      .       93,  180,  296,  439,  445,  585,  675,  750 
Moulton,  Daniel  (Treasurer  of  York  County),  148,  607, 

710,  815 
Moulton,  Capt.  Johnson,  .....      186 

Moulton.  Thomas,       93  bis,  180,  296,  445,  492,  585,  675,  750 

Mount  Ephraim 713 

Mower,  Samuel, 405 


Page 

Muet,  Isaac  (an  Indian), 787 

Muet,  Jane  (an  Indian), 787 

Mugford,  William 105 

Mulatto  Indians 69 

Mulliken,  Benjamin,  .         .47,  66,  239,  450,  752 

Mulliken,  Lydia, 304 

Mulliken,  Nathaniel, 304 

Mulliken,  Peter 790 

Mulliken 's  Ferry 790 

Mumford,  Peter 98 

Munro,  Anna, 432 

Munro,  John 432 

Murray,  Col. 179 

Murray,  John,  .         .      123,  124,  157,  240,  258,  260,  286,  649 

Murrayfield  (Chester) 83,  123,  286,  605 

Murryfield  (see  Myrifield). 

Muskeget  Island 567 

Musqueket  Island  (see  Muskeget  Island). 

Muterson,  Abner 345 

Muzzy, 277 

Myrifield  (Rowe) 622,  737,  761,  762 


Namasket  River,  Middleborough,  ....        15 
Nantucket,       ....  173,  503,  567,  619,  633 

Nantucket  County,  93,  174,  307  bis,  682,  693,  750 

Narraganset  Indian  War,         .....      786 
Narragansett   Township   Number   One    (Buxton, 

.  Maine), 19,  228,  253,  626 

Narragansett  Township  Number  Five  fBedford, 

New  Hampshire), 542 

Narragansett  Township  Number  Seven  (Gorham- 

town,  Maine), 228,  253 

Nash,  Eleazer, 27 

Nash,  Elisha 712 

Nash,  Noah, 28,  259,  266,  267 

Nash,  Phineas 610 

Nash,  Samuel, 576 

Natick,  83,  84,  240,  270,  271,  324,  361,  449,  596,  653,  665,  731, 

732,  775 
Natick  Indians,  17,  318,  324,  449,  520,  572,  574.  653,  731, 

732,  775 
Naunauneekaunuck,  David  (an  Indian),  678 

Needham 169,  434,  807 

Negus,  Henry, 

Negus,  Jonathan,     . 

Negus,  Lydia, 

Negus,  Mary,  . 

Nelson,  Capt.  Philip 

Neponset  River, 

New  Boston,    . 

New  Brook, 

New  Canaan  (Connecticut) 

New  Framingham  (Lanesborough) 

New  Gloucester,       ... 

New  Hampshire,  28,  43.  44  ter,  45  bi 

58,  65,  66,  106,  107,  140,  152.  ! 

354,  356,  393,  425,  467.  478,  50S 

538,  542,    552,   573,   596,  597,  599,  605,  622  bis. 

688,  689,  690,  698,  735  bis,  736,  739,  747,  752,  753 

764,  770,  786 
New  Hampshire  (Governor  of),      .         .         .64,  65, 

New  Ipswich, 539, 

New  Plymouth  Colony,  ....       642, 

New  Salem,  District  of,  .         .  540,  645,  655,  694, 

New  York,  28,  34,  72,  98,  99,  102,  198,  210,  211,  216, 

249,  253,  254,  256,  279,  280,  291,  322,  323,  326, 

522,  680,  729,  736,  762 


266,; 
58,  382,  383,  ; 
46  ter,  47  bis.  48  I 
i,  211,  216,  279,  2 
is,  514,  533  bis,  5 


840 


Index  of  Names. 


Page 
Newbury,  .  .  .18,  105,  185,  206,  288,  360,  388 
Newburyport,  .         .         .18, 358,  360, 387,  388,  625 

Newfoundland 150,  484 

Newhall,  Capt. , 257 

Newhall,  Benjamin, 437 

Newichawonnock  or  Salmon  Fall  River,  106 

Newichwannuck  River  (see  Newichawonnock  River). 

Newman,  WiUiam 353 

Newton,  Jacob, 22 

Nicherson,  Joshua, 469 

Nichols,  Col. 160 

Nichols,  Alexander, 728 

Nichols,  Elizabeth 162 

Nichols,  Hepzibah, ^lO 

Nichols,  Israel, 813 

Nichols,  James 728 

Nichols,  Joseph 682 

Nichols,  Joshua 410 

Nichols,  Nathaniel 213 

Nichols,  Patience  (Terry) 665 

Nichols,  Samuel 162 

Nichols,  Thomas, 665 

Niles,  Elisha 586 

Niles,  Samuel, 90,  91 

Noble,  Enoch 713 

Nobletown   (now  Hillsdale,  New  York),  198,  200.  217, 
249,  250,  310 

Norcross,  Nathaniel, 345 

Norcross,  Noah,  748 

North  Town  (now  Townsend) 601 

North  Yarmouth 101.  433,  637 

Northampton,  175,  192,  277,  500,  575,  717  bis,  744,  745,  757, 

785,  817 
Northampton  Meadow, 
Northborough, 
Northbridge,  District  of. 
Norton,  Beriah   (Treasurer  of  County 

County), 
Norton,  John, 


Nova  Scotia,  , 
Noyes,  John,  . 
Noyes,  Moses, 
Noyes,  Peter,  . 
Number  One,  Township 
Number  Two,  Townah: 
Peru),      . 


of  Dukes 

631,  812 
93,  251 
186,  453 
345 


.       345, 452 
345, 421 

(East  Hoosac),         .       157, 260 
p    (Partridgefield,    later 

125.  257,  273,  561 


Number  Three,  Township  (East  of  Union  River),      451 
Number  Three,  Township  (on  East  side  of  Connec- 
ticut River), 753 

Number  Three,  Township  (Worthington),    38,  124,  260, 

261 
Number  Four,  Township  (Becket),  ...  13 
Number  Four,  Township  (Windsor),  28,  39,  259,  266,  273 
Number  Five,  Township  (Cummington),  273.  385,  520 
Number  Six,  Township  (Henniker.  New  Hamp- 
shire, in  line  of  towns  between  the  Merrimac 
and  Connecticut  Rivers),  ....  770 
Number  SLx,  Township  (Savoy).    .  .273 

Number  Seven,  Township  (Hawley),  258,  273,  443.  477, 
512,  564,  737,  761 
Number   Seven,   Township    (Hillsborough,    New 

Hampshu-e), 288 

Number  Nine,  Township  (Chester),       ...        39 

Niirae,  Francis,         . 293 

Nurse,  Timothy 293.  314.  315 

Nutting,  John,  .       93.  180,  296,  444,  492,  585,  675,  750 

Nye,  David, 213 

Nye,  Melatiah 516 

Nye,  Stephen 593,  619,  681 


O. 

Page 

Oakham,  District  of 85,  176,  177,  201 

Obsco,  Jonas  (an  Indian), 652 

Obsco,  Mary  (an  Indian) 652 

Ochterlony,  Catharine 308 

Oaand,  John. 344 

Old  Rainbow  (part  of  Northampton),    .         .  481 

Olds.  Ebenezer, 238,  631 

Olds.  Reuben, 718.  719 

Oliver. 81 

Oliver.  Andrew  (committee),  .....        51 
Oliver,  Andrew  (Secretary  of  the  Province).  87  bis,  104. 

182  bis,  197.  228,  283,  284,  289,  388  bis.  391,  441  bis, 

445.  497,  521 

Oliver,  Daniel, 11 

Oliver,  Peter, 503,  668 

Oliver  Street,  Boston, 34 

Ohver's  Dock,  Boston 426 

Olmstead.  Jabeah 335 

Ompany,  Samuel  (an  Indian),        .         .         189,  190,  361 
Ompany.  Zurviah  (an  Indian),       .         .         189.  190,  361 

Orange  Street.  Boston, 415 

Ormes,  Jamea. 165 

Orr.  Hugh 429 

Orr,  Robert 298 

Osborne.  Hezekiah 136,  138 

Osborne.  Jeremiah, 136.  138 

Osborne,  John 730.  787 

Osborne.  Samuel, 730,  731 

Osgood,  Abigail  (an  Indian) 306 

Osgood,  Benjamin 346,  347 

Osgood.  Isaac. 316 

Osgood.  John, 516 

Otia, (attorney), .86 

Otis,  James,  33,  38.  71,  98,  123,  124,  135.  257.  320,  531,  542, 
571,  598,  599,  619,  646,  660,  681 

Otis,  Joshua, 712 

Otia,    Solomon    (Notary    Public    for    Barnatable 

County),  93,  180,  296,  444,  492,  585.  675,  750,  813 

Otis,  Solomon.  (Treasurer  of  Barnstable  County),  9,  124, 

231.  232,  367,  379,  630,  710 

Oxford 236,  271,  300,  710,  728,  729 


Paddleford,  John, 

Paddleford,  John  (son  of  John  Paddleford), 
Paddleford,  Seth,     . 


Page,  Ebenezer, 
Page,  John, 
Page,  Samuel, 
Page,  Capt.  William, 

Paige,  Capt. ,    . 

Paine,  Timothy, 
Palmer,  District  of, 
Paris  (Maine), 
Paris,  John, 
Paris,  Samuel, 
Park,  Edward, 
Park,  Richard, 
Park,  Samuel, 
Park,  Thomas, 
Parker,  Benjamin,  . 
Parker,  David, 
Parker,  Capt.  Gideon, 
Parker,  Isaac,  . 
Parker.  Jonathan,    . 
Parker.  Joseph, 
Parker,  Nathaniel,  . 


300,  340,  378 
241,  360 


444,  492,  585.  675,  750 


Index  of  IS'ames. 


841 


Page 

Parker,  Noah 345 

Parker,  Thomas 237 

Parkhurst,  John 344 

Parsons,  Abigail, 602 

Parsons,  Hannah, 602 

Parsons,  Jacob 126 

Parsons,  Jonathan, 159 

Parsons,  Mosea  (guardian) 159,  269 

Parsons,  Moses  (of  Middletown,  Connecticut),      258,  512 
Parsons,  Nathaniel,  ......        67 

Parsons,  Obadiah, 159,  269 

Parsons,  Sarah,         .......      602 

Parsons,  Sarah  (daughter  of  Sarah  Parsons),  602 

Parsons,  Theophilus 750 

Parsons,  Willard 67 

Parsons,  William, 67,  269 

Parsons,  William  (son  of  William  Parsons),    .         .        67 

Parsons,  Zebulon, 602 

Parteet,  John, 98 

Partridge,  Col. ■, 294 

Partridge,  George, 813 

Partridge,  Oliver,  33,  44,  98,  99,  125,  210,  238,  256,  257,  266 

Pason,  Capt. , 234 

Paterson  (see  Patterson). 

Patience  (an  Indian) 780 

Patt  (see  Pratt). 

Patten,  Kendall 621 

Patterson,  Andrew, 345 

Patterson,  James, 345 

Patterson,  James  (of  Shirley),         ....      162 

Patterson,  Mary 507 

Patterson,  Rebecca, 493 

Patterson,  William 493 

Pattin,  William, 40 

Payson,  Henry 591 

Payson,  Mary, 591 

Payson,  Phillips, 803 

Payson,  Seth,  .         .         .        ' 803 

Peabody,  John,  jr., 639,  722 

Peabody,  Oliver 639,  721,  722 

Peabody,  Richard, 172 

Pearce,  Isaac, 95 

Pearse,  David, 21 

Pearse,  Joseph  Stevens, 21 

Pearson, 134 

Pearaontown 228,  253,  354,  355 

Pease,  John,  jr.,       .        .    180,  296,  444,  492,  585.  675,  750 

Peele,  Roger, 105 

Pegan,  Patty  (an  Indian) 324 

Pegun  (see  Pegan). 
Peirce  (see  Pierce). 

Pejepscut  Patent, 58,  382,  383,  386 

Pelam  Mill  Brook,  Pelham  Mill  Brook  (see  Pelham 
Brook). 

Pelham,  Charles 308 

Pelham,  Mary 308 

Pelham  Brook 598,  684,  737,  761 

Pelton,  Ephraim 692 

Pemaquid 777,  778 

Pembroke 306,  510 

Pennacook, 747, 748 

Pennicook  (see  Pennacook). 

Pennsylvania, 19 

Penobscot  Falls 720,  721 

Penobscot  River, 199,  362 

Penopscot  Falls  (see  Penobscot  Falls). 

Pepper,  Solomon,  jr 715 

Pepperell,  Sir  William, 18 

Pepperellborough 62 


Page 
Perce,  Jemima 343 

Perkins,  David 625 

Perkins,  Elizabeth, 625 

Perkins,  Ephraim, 575 

Perkins,  Tobijah, 758 

Perley,  Asa 39 

Perley,  Thomas, 47 

Perry,  Joseph, 11 

Peterborough  (New  Hampshire),    ....      690 

Petersham, 236,271,480,685 

Petit,  Jonathan 763 

Pettit  (see  Petit). 

Phelps,  Martin, 641 

Philadelphia, 35 

PhilUps, , 628,  709,  737 

Phillips,  Bridget, 739 

Phillips,  Caleb 28 

PhiUips  Lieut.  John  (at  Castle  William),  89,  182,  285,  389, 
443,  478,  538 

PhilUps,  Jonathan, 728 

Phillips,  .Samuel 459,  588,  748,  753 

Philhps,  Maj.  William, 739 

Phillipstown  (now  Sanford),  Maine,       .  325,  628 

Phips,  David 636,  594,  752,  817 

Phips,  John 635 

Phips,  Sir  William,  ....         ^         .      558 

Pickard,  Hannah 165 

Pickard,  Samuel 165 

Pickering, 751 

Pickering,  John, 609 

Pierce, 645 

Pierce,  Abigail 685,  686 

Pierce,  Charles, 452 

Pierce,  Daniel, 452 

Pierce,  Hannah, 348 

Pierce,  Joseph 785 

Pierce,  Josiah, 695 

Pierce,  Samuel,       141,  234,  491,  597,  598,  683,  684,  737,  761 

Pierce,  Seth 318,  319 

Pierce,  William, 231 

Pierpont,  Elizabeth, 682,  683 

Pierpont,  Robert 682 

Pigeon,  John 341 

Pigwacket,        .         .     202,  300,  393,  457,  636,  637,  689,  752 

Pike,  Joseph 47 

Pike,  Samuel, 235 

Pine  Island,  Salisbury 533 

Piscataqua  River, 106 

Pitcher,  John 321 

Pitcher,  Joseph 213,  214 

Pitman,  John, 342 

Pitman,  Mary, 342 

Pitts,  Elizabeth 777 

Pitts,  George 777 

Pitts,  James,    .  .    135,  366,  680,  709,  730,  740,  747 

Pittsfield  (Boston  Township  Number  Three),  64,  90,  99, 

136,  137,  138,  176,  238,  352,  522,  644,  676,  687,  716 

Pleasant  Pond 807 

Plummet,  Moses 81 

Plummer,  William,  ......        81 

Plymouth,  38,  99,  103,  134,  271,  272,  283,  288,  349  bis,  458, 
515,  619,  624,  639,  662,  693,  808 

Plymouth,  England, 778 

Plymouth  County,  14,  42,  56,  93,  95,  96,  103,  119,  137,  171, 

200,  207,  212,  213,  236,  272  bis,  276,  283,  320,  337,  404, 

435,  467,  510,  513,  554,  560,  576,  629,  639,  647,  739,  792 

Plymouth  County  Indians,     ....         77,  229 

Pocasset,  Parish  of, 448, 516 

Pokers  Hole,  Northampton, 817 


842 


ESTDEX  OF  ISTames. 


Page 

Pomeroy,  Abigail 817 

Pomeroy,  Lucy 817 

Pomfret  (Connecticut), 658 

Pomphret  (see  Pomfret). 

Pomroy,  Ebenezer,  ....  22, 23, 400 

Pomroy,  Capt.  Elisha,     ,         .         .         .22,  23,  400,  401 

Pomroy,  Esther 22,  23,  400 

Pomroy,  Hannah, 22,  23,  121 

Pomroy,  Capt.  John,       .         .         .         .         .  22, 23,  121 

Pond,  David, 167 

Pond  Hill,  Roxbury 255 

Pontoosuck  (now  Pittsfield), 716 

Pool,  Anna, 629 

Pool,  Fitch 678,  679 

Pool,  Fitch  (son  of  Fitch  Pool),      .         .         .       629, 678 

Pool,  Lieut.  Jonathan, 395 

Pool,  Nancy, 629,  678 

Poor,  Joshua, 358 

Pope,  Betty, 286 

Pope,  John 286 

Porridge,  Simon, 766 

Port  Royal 354 

Porter,  Eleazer, 130, 481 

Porter,  Joseph, 119 

Porter,  Thomas 93 

Portugal 643 

Potter,  Edward ■       .         .       425, 426 

Powell,  Elijah, 760 

Powell,  Jeremiah,     ....         207,  218,  393,  637 

Pownalborough 43,77,149,420,570 

Pratt,  Isaac, 728 

Pratt,  John, 539 

Pratt,  Oliver 293 

Pratt,  Silas 494 

Pratt,  Sybil, 293 

Pratt,  Thomas, 545 

Preble,  Jedediah  (truck-master  at  Fort  Pownall),      584 
Preble,  Jedediah,  jr.  (truck-master  at  Fort  Pownall),  674, 

749 

Preble,  John, 444 

Prescott,  Benjamin,  .         .  538, 539, 542.  735 

Prescott,  Charles 261,  316 

Prescott,  James, 215 

Prescott,  James,  an  heir  of  Benjamin  Prescott,  484,  542, 

552,  561,  562,  601 

Prescott,  James  (guardian),  .         .         .         .162 

Prescott,  Oliver, 426, 552 

Prescott,  William, 552 

Presson,  Benjamin, 759 

Preston,  Bebe, 763 

Preston,  John,  763 

Preston,  Remember 763 

Preston,  Remember  (daughter  of  Remember  Pres- 
ton)  763 

Price,  Henry, 752,  817 

Prince,  Caleb 456 

Prince,  Joseph 95,  213,  321 

Prince,  Joseph  (of  Boston), 456 

Prince,  Susanna, 456 

Prince  Street,  Boston 85 

Princeton, 558, 727,  790 

Princeton,  District  of  (see  Princeton),    .        276,  277,  478 
Princetown  (see  Princeton). 

Procter,  Joseph, 27 

Prout,  Joseph, 81 

Prout,  Timothy, 81 

Pro\-incetown,  ....         450, 488,  598, 777 

Pudding  Lane,  Boston, 768 

Pulcifer,  Joseph 625 


Page 

Pulcifer,  Mary, 625 

Pumpum,  Betty  (an  Indian),  ....      212 

Pumpum,  Thomas  (an  Indian),      ....      212 
Puncapaug  Indians,  42,  69,  107,  203,  212,  246,  267,  268.  381, 

630,  741 
Purrington,  Humphrey,  .         .         .         207,  217, 218 

Putnam,  Benjamin, 21 

Putnam,  Daniel, .      437 

Putnam,  Israel 21 

Putnam,  James 127,  128 

Putnam,  John,  jr 431 

Putnam,  Mary 431 

Putnam,  Moses 80 

Putnam,  ReUef 437 

Putnam,  Thankful, 437, 438 

Pyncheon.  Edward  (Treasurer  of  Hampshire  County),  727 
Pynchon,  Dr.  Charles 424 

Q. 

Quebec, 16 

Quibbit,  Nathan  (an  Indian),         .         .  503,  633 

Quincy,  Edmund,  jr.,      ......       159 

Quincy,  Edmund,  the  3d, 635 

Quincy.  Henry, 158,  159 

Quincy,  Josiah,  jr., 635 

Quincy,  Norton 458 

Quincy,  Samuel 635 

K. 

Rainsford  Island,  252 

Rand, 605,  664,  767 

Rand, (Justice), 360 

Rand,  Caleb 307 

Rand,  Elizabeth 46,  308,  572,  573 

Rand,  John 307 

Rand,  Nehemiah,    . 738 

Rand,  Robert 573 

Rand,  William, 647 

Rand,  William,  jr. 647 

Randall,  Deborah 513 

Randall,  Elizabeth, 513 

Randall,  Gershom,  ......      513 

Randall,  Gershom  (son  of  Gershom  Randall),  513 

Randall,  Jonathan, 642,  687 

Randall,  Nehemiah, 513 

Ranger,  the  sloop 292 

Ransford,  David 354 

Rattle  Snake  Pond 807 

Rawson,  Edward 563,  787 

Raymond,  Capt.  William 48,  49,  169 

Read, , 552 

Read,  John  (of  Boston) 335,  336 

Read,  John  (of  Fairfield) 204 

Read,  Joseph  (of  Westford),    ...        544,  811,  814 

Read,  Phosbe 194 

Read,  Samuel 619 

Read,  Samuel  (of  Uxbridge) 448 

Read,  William 204,346 

Reading 61,  395,  459 

Reed,  Ma j. 517 

Reed,  Calvin 759 

Reed,  Charles 269 

Reed,  Joseph  (of  Uxbridge), 808 

Reed,  Mary 712,  793 

Reed,  Richard, 656 

Reed,  Samuel, 712,  793 

Reed,  William 16,  35 


Inbkx  of  Names. 


843 


Page 

Reed,  Zilpha 269,  270 

Rehoboth 417,694 

Reid, 475 

Remmjton,  Elijah, 773 

Remington,  Esther, 773 

Remington,  John 93,  547,  570 

Rettal  (see  Rittal). 

Rhode  Island, 161 

Rice,  Aaron 186 

Rice,  Amoa 490 

Rice,  Comfort 728 

Rice,  Ebenezer 344 

Rice,  Gershom 728 

Rice,  Jesse, 345 

Rice,  Joash 765 

Rice,  John 490 

Rice,  Joseph 345 

Rice,  Mary 490 

Rice,  Mathias, 663 

Rice,  Phinehas 728 

Rice,  Sylvanus 234 

Rice,  Thomas 333,  420 

Rice,  Timothy 244 

Rice,  William 400 

Rich,  Moses 760 

Rich,  Philips, 635 

Rich,  Sarah 635 

Rich,  Zacheus, 759 

Richards,  Capt.  Jeremiah 210 

Richards,  Joseph, 320 

Richardson,  Abigail 539,  540 

Richardson,  Charles 344,  728 

Richardson,  Charles,  jr., 728 

Richardson,  Josiah,  .         .  344,  345,  386,  639,  722,  748 

Richmond,  Col. , 71 

Richmond,  Bethiah,        ......      563 

Richmond,  Elkanah, 563 

Richmond,  Elkanah  (son  of  Elkanah  Richmond),      563 

Richmond,  Ezra, 606,  565  bis,  608 

Richmond,  Sylvester,      .         .  409, 506, 565  bis,  608 

Richmont  (Richmond) 83,  609,  713 

Rider,  Elizabeth 143,  193 

Rider,  Esther 143,  144 

Rider,  Joseph 143,  193 

Rider,  Samuel 119 

Ridge  Hill 141 

Ridgway,  Elizabeth 156 

Ridgway,  Isaac 131 

Ridgway,  John 131 

Ring,  Samuel, 344 

Ripley,  WilUam 423 

Rist,  Thomas 268 

Rittal,  Francis 333 

Ritter,  Moses 430 

Roach,  Joseph,  &  Co., 173 

Robbins,  Asa, 484 

Robbins,  Hannah  (an  Indian),       .         .        .       229, 281 
Robbins,  Hannah,  jr.  (an  Indian),  ,         .      229 

Robbins,  Hannah  (widow  of  Asa  Robbins),  484 

Roberts,  Lemuel, 491 

Roberts,  Peter,         .         .         .      46,  119,  120  6is,  319,  564 

Roberts,  William 357 

Robins  (see  Robbins). 

Robinson,  Capt. 15 

Robinson,  Abigail, 623 

Robinson,  Charles, 338 

Robinson,  James, 695 

Robinson,  Samuel, 710 

Rochester,         ....  7,  95,  96,  212,  213,  321 


Page 

Rogers,  Clark 632 

Root, 90 

Root,  Hewit, 13 

Root,  Joseph 399,443,716 

Roper,  Daniel 728 

Ropes,  Nathaniel 669,  781 

Ross,  Alexander 79,  80 

Ross,  Jabex 758 

Ross,  Sarah 303 

Ross,  William '      .         .         .303 

Rotch,  Joseph,  jr., 405 

Rowe,  David 428 

Rowe,  John 117,  303,  809 

Rowley 507 

Rowley,  Daniel, 644 

Rowley-Canada  (Rindge,  New  Hampshire),  47,  66,  140 

Roxbury, 163,  194,  195,  248,  255 

Royal  Exchange  Lane,  Boston,       ....      131 

Royall,  Isaac, 320 

Royals     River     (near     Falmouth,     Cumberland 

County) 637 

Royalshire, 211 

Royalston 83,  211,  564,  759,  791 

Ruck,  William 539 

Ruggles,  Brig. ,  .         .         .'       .         .    15,99,107 

Ruggles,  Col. 11,  80 

Ruggles,  Timothy,  .         .         .         .33,  210,  520,  555,  bis 

Ruggles,  Rev.  Timothy, 96 

Russell, (Green  &  Russell,  printers),       .         .        82 

Russell,  Chambers, 427 

Russell,  Charles 427 

Russell,  James 30,  547,  582,  608,  737 

Russell,  James   (commissioner  of  impost),  92,  134,  180, 

230,  295,  360,  366,  379,  444,  472,  492,  551,  581,  653, 

674,  741,  749 
Russell,  James  (executor),       .....      427 
Russell,  James  (Treasurer  of  Middlesex  County),  37,  138, 
250,  393,  640,  724 

Russell,  Jeremiah, 69,  70 

Russell,  Jeremiah  (of  Boston),        ....       730 

Rutland 86,231,236,271,490,512 

Rutland,  West  Precinct  (now  District  of  Oakham),      177 


Sabin,  Dorothy 698 

Sabin,  Joseph 698 

Sacket  (see  Sackett). 

Sackett,  Abigail 136,  137 

Sackett,  Bethesda 133,  278 

Sackett,  Eliakim 133,  278 

Sackett,  Erastus 136,  137 

Sackett,  Jesse, 136,  137 

Sackett,  Joseph, 136 

Sackett,  Justus,        .......        133,  278 

Saco  River,  47,  48  bis,  49,  64,  66,  323,  345,  393,  457,  484, 

537,  538,  543,  628,  690,  700,  735,  739,  752,  754,  766, 

770,  786,  807 

Saddle  Mountain 352 

Sadler,  Abiel, 97,  814 

Sagadahoc,  Territory  of,  ...         199,  362,  363 

St.  Croix  River, 446 

St.  Georges  Fort 292 

St.  Johns,  Newfoundland 150 

Salem,     159,  166,  203,  230,  358,  493,  523,  656,  657,  675, 

691 
Sahnon  Falls  River,         .         .         .  106,161,302,507 

Saltonstall,  Col. 65 

Saltonstall  Farm, 758 


844 


IXDEX   or   ^AJIES. 


Page 
Sampson,  Betty  (see  Betty  Abraham),  .  .280 

Sanderson,  David, 495,  496,  6S5 

Sandisfield 339,  577 

Sandwich 132,  516,  599,  619,  697 

Sargent,  Epes 787 

Sargent,  Lemuel, 793 

Sartell,  Josiah  (committee), 552 

Sartell,  Josiah  tof  Townsend),         ,  -      .         .         .      514 
Sauco  River  (see  Saco  River). 

Saunders,  Mehetabel 100,  120 

Saunders,  Robert 100,  120 

Saunders,  Thomas, 556 

Savage,  Abraham,  jr. 399 

Savage,  Samuel  Philips 658,  739 

Sawtell,  Elizabeth, 428 

Sawyer,  Abel,  jr 471 

Sawyer,  Abigail, 206 

Sawyer,  Abner 759 

■  Sawyer,  Abraham 206,  759 

Sawyer,  Anna, 206 

Sawyer,  Elias, 759 

Sawyer,  John, 206 

Sawyer,  Joshua 205 

Sawyer,  Samuel,      .       93,  180,  296,  444,  492,  585,  675,  750 

Sawyer,  Sarah, 206 

Sawyer,  William 286 

Saxton,  James 610 

Sayer,  Ebenezer 750 

Sayer.  Joseph, 107 

Sayer,  Samuel 107 

Sayler,  John 439 

Sayward, , 106 

Sayward.  Jonathan, 74 

Scammon,  Dominicus, 62 

Scarborough,    .         .         52,  81,  102,  228,  253,  629,  630,  631 

Scituate 206 

Scott,  Joseph 336 

Scott,  Thomas 728 

Scott,  William 241 

Seager,  Elizabeth 623 

Seager,  John 623 

Seager,  Reynolds, 623 

Seager,  Reynolds  (son  of  Reynolds  Seager),  .         .      623 

Searl,  Capt. 520 

Searl,  Isaac 555  bis 

Sears,  Nathaniel 293,  314 

Sebago  Pond 169 

Sepit,  Desire  (an  Indian), 272 

Sever,  William, 468 

Sewall,  David 93 

Sewall,  Jonathan 427 

Sewall,  Rev.  Dr.  Joseph, 340 

SewaU,  Stephen,       .         .    305,391,443,499,580,670,784 

Sexton,  James, 611 

Seyms,  Timothy, 344 

Shaw,  David, 241 

Shaw,  Francia 173,  451 

Shaw,  Katberine 511 

Shaw,  Samuel, 511 

Shaw,  William  (guardian) 792 

Shaw,  William  (of  Palmer) 511 

Shawsheen  River,  Andover, 422 

Shawshin  River  (see  Shawsheen  River). 

Shead,  Jonathan 214 

Shead,  Sarah, 214 

Sheaf,  Sheafe  (see  SheaSe). 

Sheaffe, 135 

Sheaffe,  Capt. ,  .  .104,  153,  366,  378,  408 

Sheaffe,  Edward  (commissary) 253 


Page 

Sheaffe,  Capt.  Edward,  .        .        7,  11,  211,  219,  386,  480 

Sheaffe,  Capt.  Edward  (Commissary  General),  456,  483, 

506,  551,  606,  608 

Sheaffe,  Nathaniel, 738 

Shearman  (see  Sherman). 

Sheffield,         208,  209,  238,  248,  486,  580,  581,  610,  611.  631, 

713,  765 

Sheffield,  Isaac 344 

Sheffield,  WUliam 344 

Shelburne,  District  of,     .  .  413,  468, 474,  722 

Shelburne,  Earl  of  (William  Petty),        .  217,  279 

Shelden,  Aaron,        .......      515 

Shelden's  Farm, 511 

Sheldon,  Ebenezer, 32 

Shepard,  James 577 

Sheppard,  Alexander, 656 

Sherborn 131,446,501,544,686 

Sherbourn,  Sherburn  (see  Sherborn). 

Sherburn  (Nantucket),    .         .         .  552,  567,  633,  693 

Sherman,  Ephraim,  .      79,  128,  129,  145,  448,  504,  505 

Sherman,  John, 97, 815 

Shu-ley-Battery '.38 

Short  Street,  Boston 635 

Shouhnockhock,  Jehoialiim  (an  Indian),  .      592 

Shrewsbury,     .  .    236,  271,  321,  342,  343,  412,  664 

Shrewsbury  Leg  (so  called), 341 

Shumeway,  Jeremiah 685 

Shumeway,  Jeremiah  (son  of  Jeremiah  Shumeway),     685 

Shutesbury, 139 

Shuttuck,  Silaa 12 

Sigournej',  Andrew  (son  of  Andrew  Sigourney,  jr.),  84 
Sigourney,  Andrew  (son  of  Anthony  Sigoiurney),  .  84 
Sigourney,  Andrew,  jr.,  ......        84 

Sigourney,  Anthony 84 

Sigourney,  Anthony  (son  of  Anthony  Sigourney),.        84 

Sigourney,  Charles, 84 

Sigourney,  Hannah, 84 

Sigourney,  John  Ranshon, 84 

Sigourney,  Mary, 144 

Sigourney,  Peter, 84 

Sikes,  James 258,  512 

Silver  Spring  Meadow 715 

Siminton,  Andrew, 819 

Simmons,  Da^id 155 

Simmons,  Nathan, 432 

Simon,  John  (an  Indian), 604 

Simons,  Joshua 136,  138 

Simonton,  William, 819 

Simpson,  Ebenezer, 489 

Simpson,  John 768 

Simpson,  Jonathan, 768 

Simpson,  Margaret, 768 

Simpson,  WUliam, 768 

Sippecan  Great  Neck  (see  Sippican  Great  Neck). 

Sippican  Great  Neck 149 

Skillen,  Capt.  Samuel 445 

Skillin,  Samuel 407 

Skinner,  Abigail 210 

Skinner,  Joseph 210,  211 

Small,  Joshua, 81 

Smead,  Mindwell 775 

Smead,  Samuel, 775 

Smith,  Rev. 198 

Smith,  Benjamin 786 

Smith,  Chileab 351,  352,  658,  720 

Smith,  Da\id 29 

Smith,  Ebenezer 450 

Smith,  Elisha 638 

Smith,  James, 394,  812 


Index  of  Names. 


845 


Page 

Smith,  Job 348 

Smith,  John 286 

Smith,  Lydia 638 

Smith,  Mary 494 

Smith,  Moses 360 

Smith,  Nathaniel, 694 

Smith,  Nathaniel  (guardian  of  Plymouth  County 

Indians),  .......        77 

Smith,  Nathaniel  (of  Sturbridge),  .         .         .638 

Smith,  Olive, 638 

Smith,  Samuel 494 

Smith,  Sybil 638 

Smith,  Thomas 445 

Smith,  Thomas  (of  Falmouth,  Barnstable  County),       93 

180,  296 

Smith,  Thomas,  jr., 421 

Smith,  Timothy 286 

Snell,  William 150 

Snells  Meadow 8 

Snow,  Hannah, 620 

Snow,  Jabez,  jr. 620 

Soden,  Samuel, 543, 544 

Soden,  Thomas 543 

Somers, 312,313 

Sooduch,  Esther  (an  Indian),  .         .449 

South  Brimfield  (District  of),    139,  237,  238,  240,  663,  664 

South  Carolina,  Province  of 804 

South  Hadley,  District  of,      .         .  127,430,431,552 

South  Sea 279,  322 

Southampton, 717 

Southborough, 545 

Southworth,  Nathaniel 15 

Southworth,  Susanna, 15 

Sparhawk,  Nathaniel 345 

Sparhawk,  Nathaniel  (committee),         ...        91 
Sparhawk,  Nathaniel  (councillor),  ...        18 

Sparhawk,  Noel, 345 

Spaulding,  Elizabeth, 557 

Spaulding,  Jeremiah 557 

Spean,  Elizabeth  (an  Indian) 732 

Spencer,  District  of,         ...         .        310, 481, 810 

Spencertown  (New  York) 541 

Spiewood  (see  Spywood). 

Spooner,  Ephraim 444,  492,  585,  750 

Spooner,  Walter 386,  660,  766 

Spoor,  Dirch 610,  611 

Spoor,  Isaac, 187 

Spoor,  John, 610,  611 

Spoor,  Nicholas 610,611 

Spoor,  Nicholas,  jr., 610,  611 

Sprague,  Israel, 759 

Sprague,  Jonathan 658,  720,  735 

Sprague,  Nathaniel, 213 

Sprague,  Samuel, 95,  213 

Spring,  Henry, 767, 768 

Springfield,  29,  192,  243,  244,  362,  651,  667,  723 

Spywood,  Eunice  (an  Indian),        .         .         .       453, 483 
Squantum  Neck,  Dorchester,  ....      763 

Squinn,  Lydia  (an  Indian) 577 

Squire,  Andrew 760 

Squire,  Jesse, 532 

Squire,  Samuel 532 

Stanny,  Mary, 53 

Stanny,  Capt.  Richard,  .    ' 53 

Staples,  Rev.  John, 409 

Staples  Point 661 

Stearns,  Benjamin, 512 

Stearns,  Mary, 512 

Stedman,  Caleb 542 


Page 

Stedman,  Ebenezar 518 

Stedman,  Jonathan, 59 

Stedman,  Tabitha, 59 

Sterne,  Josiab, 23 

Stetson,  Job 206 

Stetson,  Luther 206,  207 

Stetson,  Timothy 213,  320 

Stevens,  Rev.  Benjamin,         ....       648,  760 

Stevens,  Israel, 189,  728 

Stevens,  Jacob  (of  Stowe) 189 

Stevens,  Jacob  (of  Worcester),         .         .         .         .728 

Stevens,  Thomas, 547 

Stevens,  Dr.  Timothy 570 

Stewart,  Alexander, 10,  11 

Stiles,  Henry 245 

Stiles,  Ruth, 245 

Stillman,  Ephraim, 541, 542 

Stimpson,  Daniel, 236 

Stockbridge,     .  .71,  248,  4S6,  592,  624,  678,  691 

Stockbridge,  Benjamin, 7,  8 

Stockbridge,  David  (executor) 662 

Stockbridge,  David  (of  Hanover),  .         .       206, 207 

Stockbridge  Indians, 67,  70,  71 

Stocker,  Amos, 743 

Stockman,  Joseph, 725 

Stockwell,  Amos 275 

Stockwell,  John 275 

Stoddard,  Col. 716 

Stoddard,  John 90,  716 

Stoddard,  Noah 278 

Stoddard,  Samuel 349 

Stoddard,  Solomon 499,  716 

Stone,  Daniel, 344 

Stone,  Jesse, 728 

Stone,  Jonas 755 

Stone,  Jonathan  (guardian), 818 

Stone,  Jonathan  (of  Leicester),        ....      728 
Stone,  Jonathan  (of  Worcester),      .         .         .       728,  729 

Stone,  Joseph, 344 

Stone,  Josiah 550 

Stone,  Micah, .344 

Stone,  Robert, 42 

Stone,  Ruth 728 

Stone,  Samuel, 344 

Stone,  Samuel  (of  Gloucester),       ....       25 

Stone,  William, 55 

Stoneham,        ........      395 

Storer,  Ebenezer  (executor  of  Ebenezer  Storer),     ,      185 
Storer,  Ebenezer  (of  Boston),  .         .       185,  234 

Story,  William 256 

Stoughton  (Puncapaug),  59,  106,  215,  239,  317,  319,  559 

571,  644 
Stoughton  Indians  (see  Puncapaug  Indians). 

Stoughtonham,  District  of 59,  75,  571 

Stowell.  John 495,  496 

Stowers,  Asa, 193 

Stowers,  Rebecca 193 

Stratton,  Abijah 381 

Stratton,  Ebenezer, 548 

Stratton,  Elizabeth, 381 

Stratton,  Mary 548 

Stratton,  Richard 548,  549 

Stretton  [see  Stratton). 

Strong,  Simeon 286,  477 

Stuart,  John 51 

Sturbridge 196,  236,  271 

Stutson, , 69,  70 

Sudbury 585,  623 

Suffield 312,313 


846 


Index  of  I^ames. 


Page 
Suffolk  County,  U,  27,  37,  42,  53,  55,  74,  76,  82,  84,  85,  93, 
131,  133,  145,  156,  166,  214,  217,  218,  243,  250,  260, 
261,  262  bis,  272,  275,  281,  287,  294,  302,  309,  312,  314, 
317,  318,  326,  335,  348,  355,  358,  359,  387,  394,  397, 
401,  458,  470,  485,  487,  510,  543,  550,  559,  561,  574, 
686,  590,  591,  607,  627,  629,  636,  641,  644,  659,  679, 
680,  683,  692,  695,  697,  700,  716,  731,  739,  754,  763, 
785,  786,  788,  791  bis,  803,  8M,  805,  816 
Sullivan,  John  (of  Dxirham,  New  Hampshire),      .      645 

Sumner,  John 681 

Sumner,  Nathaniel, 473 

Sumner,  Samuel,     .......      255 

Suncook 542,  689,  752,  753,  754 

Sutton, 236,  271,  377,  392,  663,  728 

Swan,  Joseph, 626 

Swan,  Miriam, 626 

Swansea, 417 

Swanzey  (see  Swansea). 

Sweetser,  Seth 777,  778 

Swift,  Jirch 693 

Swift,  Job 591 

Swift,  Nathaniel 312,  482 

Swift,  Rebecca 312,  482 

Sylvester,  Capt.  Joseph,  ...  48,  129,  356 

Sylvester,  Matthew 199 

Sylvester,  Sarah, 199 

Sylvester-Canada  (Richmond,  New  Hampshire),    356, 

594,  595,  688 

Symonds,  Nathaniel, 39 


Taconic  Mountain,  .         .    243,  310,  580,  581,  757,  760,  811 

Taft,  Aaron 22 

Taft,  Benjamin 710 

Taft,  Bethiah 22 

Taft,  Elizabeth 165 

Taft,  Gideon, 165 

Taft,  Silas 710 

Taller,  Mary, 754 

Tailer,  William, 754 

Taller,  Li'eut.-Gov.  William,    .     44,  141,  572,  601,  605,  767 
Tailor,  William  (son  of  Lieut.-Gov.  William  Tailer),       44 

Talbut,  George 107 

Talcot,  Hezekiah 136,  138 

Talcot,  Israel 136,  138 

Tapley,  Capt.  , 346 

Tatman,  Jabez, 663 

Tatman,  John, 663 

Tauconick,  Tauconnak,  Tauconnick,  Tauconnock, 
Taukonnick  Mountain  (see   Taconic   Moun- 
tain). 
Taunton,  68,  94,  101,  156,  161,  175,  176,  246,  270,  282,  298, 
404,  452,  503,  504,  711 
Taimton  North  Purchase  (in  Eaaton), 

Tay,  Capt. 

Taylor  (see  Tailer). 

Taylor,  Anna  (see  Anna  Pool), 

Taylor,  Eldad, 

Taylor,  James, 

Taylor,  Dr.  John, 

Taylor,  Mehitabel, 

Taylor,  Othniel, 

Taylor,  Samuel, 

Taylor,  Thomas, 

Temple,  John, 

Temple,  Richard, 

Templeton, 

Terry,  William, 


Page 

Tewksbury 602,  621 

Thachers  Island  (see  Thatchers  Island). 

Thacher's  Meadow  (so  called) 141 

Thatchers  Island 517,  556,  739 

Thaxter,  Col. 601,  659 

Thaxter,  Abigail, 803 

Thaxter,  John 630,  803 

Thaxter,  Samuel  (of  Bridgewater),  ...      803 

Thaxter,  Samuel  (of  Hingham),      ....      803 

Thayer,  Capt. 570 

Thayer,  Abner 34,  35 

Thayer,  Rev.  Ezra 335,  336 

Thayer,  Jonathan 642,  687 

Thayer,  Rachel 34,  35 

Thayer,  Samuel 34,  35 

Thayer,  Samuel,  3d 34 

Thayer,  Silence, 34,  35 

Thayer,  William  (of  Mendon),         .         .         .         .247 

Thayer,  William  (soldier) 650 

Thomas,  Capt. , 311,  350 

Thomas,  Amos, 63 

Thomas,  Capt.  Anthony, 468 

Thomas,  Isaac,  .    17,  117,  174,  303,  304,  467,  468, 

Thomas,  James  (an  Indian),  ...  42,  229,  280 

Thomas,  John,  .  458, 500, 587,  672,  769 

Thomas,  John  (an  Indian), 229 

Thomas,  Patience  (an  Indian),       .       ".  301,  306 

Thomas.  William 63 

Thompson,  Edward, 623 

Thompson,  Nathan 666,  667 

Thompson,  William 81 

Thomson,  Capt. 659 

Thorne,  William, 709 

Thornton,  Matthew, 199 

Throop,  Rev.  George 587,  692 

Tilton,  Josiah, 143 

Ting  (see  Tyng). 

Tinkham,  Ephraim 792 

Titcomb,  Col.  — 666 

Titcomb,  Benjamin 354 

Tobey,  Elisha,  .         93,  ISO,  296,  444,  492,  585,  675,  750 

Tobey,  Jonathan 448,  516 

Tobey,  Sylvanus, 384 

Tobey,  William 448,  516 

Tobin,  Capt. 79 

Tobumso,  Samuel  (an  Indian) 318 

Todd,  Eliel, 818 

Tompson  (see  Thompson),       ..... 

Topsfield 205,  758,  759 

Torrey,  David 301 

Torrey,  Thomas, 17,  63 

Town,  Jonathan, 39 

Towney,  Dennis, .        75 

Townsend  (formerly  North  Town),         .  41,  514,  539,  601 

Townsend,  Amason, 532 

Townsend,  Jacob 61 

Townsend,  John,      .......        61 

Townsend,  Martin, 532 

Townsend,  William  Blair 542,  787 

Townshend  (see  Townsend). 

Township  Number  One  (near  Winchester),    .       539,  735 

Tracy,  Enos, 609 

Tracy,  Capt.  Patrick 517 

Tracy,  Simeon, 609 

Tray,  Elizabeth  (an  Indian),  ....      731 

Treadwell,  Rev.  John 437 

Tree,  Beriah, 558,  676,  760 

Tree,  Joseph, 558 

Trefry,  Elizabeth 281 


Index  op  Names. 


847 


Page 
Trowbridge,  Edmund,     .         .         .         503,571,668,780 

Trumbal,  Joseph, 344 

Trumble,  Ebenezer, 339, 535 

Trumble,  Joel 339,  535 

Trumble,  Joseph 577 

Trumble,  Joseph  (son  of  Joseph  Trumble),   ,         .      577 

Tucker,  Jeremiah 312,  482 

Tudor,  John, 144 

Tupper,  Elizabeth 132 

Tupper,  Zeruiah 132 

Turell,  Joseph 682 

Turell,  Mary 682 

Turner,  Capt. 75 

Turner,  Charles 48,  647 

Turner,  Capt.  Elisha, 150 

Turner.  Israel 306 

Turner,  John  (guardian  of  Plymouth  County  In- 
dians),      77,  301,  306 

Turner,  Phillip, 149 

Tusnuck,  Jacob  (an  Indian) 624 

Twenty  Mile  Falls 58 

Twichell  (see  Twitchell). 

Twiss,  Abigail 621 

Twiss,  Daniel, 621 

Twiss,  John 621 

Twiss,  Lydia, 621 

Twiss,  Samuel, 621 

Twitchell,  David, 11,  12 

Twitchell,  Ebenezer, 344 

Twitchell,  Edward 344 

Twitchell,  Ephraim 344 

Twitchell,  Joseph, 344,  779 

Tyler,  Abraham 549 

Tyler,  Andrew 308 

Tyler,  Charlotte,      .        .  ...       658, 659 

Tyler,  John, 308 

Tyler,  John  (of  Mendon) 205,  206 

Tyler,  John  (soldier) 47 

Tyler,  Miriam, 308 

Tyler,  Miriam  (granddaughter  of  Miriam  Tyler),  .      308 

Tyler,  Nathan  (of  Mendon) 205,  206 

Tyler,  Nathan  (of  Upton),     ....       205,206 

Tyler,  RoyaU 7,  35,  138,  366,  439 

Tyler,  Thomas 658 

Tyng,  John 815 

Tyng,  Capt.  William, 736 

Tyngs  Town,  542,  736,  764 

Tyringham 85,  587 

Tyringham  Equivalent  (Loudon,  afterwards  Otis),    142, 
572,  587,  605,  692,  767,  771 

XJ. 

Union  River, 451 

Upham,  Rev.  Caleb 488,  598 

Upper  Housatonic  Township,  .         .         .       581, 764 

Upton 97,  562,  563,  814 

Uxbridge,  139,  165,  236,  268,  271,  377,  392,  425,  448,  477, 
478,  584,  648,  808 

V. 

Van  Skaack,  Charles 631 

Vandusen,  Isaac 764 

Vandusen,  John 243 

Vandusen,  Robert 243 

Vanguilder,  John, 581 

Vamey,  James 144 

Vernon,  Fortescue, 230 

Vinal,  Joseph 712 


W. 

Page 
Wachusett  Hill  (in  District  of  Princeton),      .         .      276 

Wadsworth,  Elizabeth, 267 

Wainwright,  Abigail 52 

WainwTight,  Christian, 52 

Wainwright,  John,  52 

Wainwright,  Lucy 52 

Wait,  Richard 471 

Wakeby 599 

Wakepee  (see  Wakeby). 

Waldo,  Col. , 292 

Waldo,  Francis, 207,  218 

Walker  [see  Green  and  Walker). 

Walker,  Daniel 345 

Walker,  Isaac 214,  627 

Walker,  John 258 

Walker,  Samuel 715 

Walker,  Sarah 214,  627 

Walker,  Timothy,  jr 747 

Walkup,  George 344 

Wallis,  Robert 758 

Waltham 23,  141,  547,  608 

Wampsquam,  Sarah  (an  Indian),    381,  383,  453,  483,  494, 


501 


Wampsquan,  Wampsquon,  Wompsquam,  Womp- 

squon  (see  Wampsquam). 
Ward,    Artemas,       9,  195,  340,  559,  642,  659,  725,  751,  ; 

766, 

Ward,  Edward 

Ward,  Henry, . 

Ward,  Hezekiah 185,  234,  357, 

Ward,  Jonathan 

Ward,  Lydia 

Ward,  Martha, 

Ward,  Obadiah 

Ward,  Richard, 

Wardwell,  Mary 

Ware,  District  of 204, 

Ware,  Lydia 116, 

Ware,  Dr.  William 116, 

Wareham, 

Warn,  Robert, 

Warner,  Aaron, 

Warner,  Daniel, 

Warner,  Elizabeth  (of  Gloucester), 

Warner,  Elizabeth  (of  Hatfield),      .... 

Warner,  Nathan 

Warner,  Philemon,  jr., 

Warner,  Samuel, 

W'arner,  Samuel,  jr 

Warner,  Zachariah,  jr 424, 

Warren, ,    ........ 

Warren,  Col. ,    ....  134,  311,  350, 

Warren,  Daniel,        ....... 

Warren,  Ephraim, 23, 

Warren,  Hepzibah 

Warren,  James, 48, 356, 

Warren,  James,  jr., 302, 

Warren,  Joseph, 754, 

Warren,  Dr.  Joseph, 

Warren,  Nathaniel,  .  ... 

Warren,  Sir  Peter,    16,  243,  273,  359,  376,  489,  583,  677, 

Warren,  Samuel,  

Warshburn,  Washburne  (see  W'ashburn). 

Warwick 158, 

Washburn,  Joseph 738, 

Watchusett  Hill  (see  Wachusett  HUl). 

Water  Street,  Boston 

Waterman,  Flavius, 


848 


Index  of  Kames. 


Page 

Waters,  Mary, 518 

Waters,  Rachel 518 

Waters  River,  Danvers 315  bis 

Watertown  Farm 277 

Watts,  Bellingham 696 

Watts,  Bellingham  (son  of  Bellingham  Watts),      .      696 

Watts,  Daniel 637 

Watts,  Hannah, 696,  791 

Watts,  Hannah  (daughter  of  Hannah  Watts),  696 

Watts,  Samuel 211,  319,  320,  696,  791 

Watts,  Samuel  (son  of  BeUingham  Watts),     .         .      696 

Way,  Richard 542 

Wcome  (see  Jehoiakim  Shouhnockhock). 

Webb,  Jonathan,      ....  445,  492,  585,  675 

Webb,  Jonathan  (of  Salem), 656 

Webber,  Edward, 237 

Webster, , 748,  753 

Webster,  Daniel 357 

Weld,  Dai-id, 509,  574 

Weld,  John 698 

Weld,  Joseph, 46,  120 

Welfleet  (see  Wellfleet). 

Welles,  Samuel 270,  475 

Wellfleet,  District  of,        .         .  247,  349,  534,  715,  762,  789 

Wellington,  Jonathan 759 

Wendell,  Jacob 90,  716 

Wendell,  Oliver 635,  636 

Wenham 319,  473 

Weson,  John 344 

Weson,  Samuel, 344 

Wesson,  Stephen 310 

West,  Sanderson 399 

West  Indies 200 

Westborough 236,  271,  440,  620,  664 

Western,  236, 271 

Westfield 209 

Westford 544,811,814 

Westminster  {see  District  of  Westminster),     .  558 

Westminster,  District  of 277,  309 

Weston, 141 

Weston,  Jonathan, 395 

Whalen,  John 532 

Wheeler,  Abijah, 141 

Wheeler,  Josiah, 77 

Wheeler,  Katharine 392 

Wheeler,  PhiUp 548 

Wheelock,  Capt. 786 

Wheelock,  Rev.  Eleazer, 16 

Wheelwright,  John,  .      93,  180,  296,  445,  492,  585,  675 

Wheelwright,  Nathaniel, 691 

Whindham  (see  Windham). 

Whipple,  Capt. 20,  666 

Whipple,  Paul 502,  503 

Whitcomb,  Capt. 558 

Whitcomb,  Col. 643,  770 

Whitcomb,  Capt.  Asa 728,  790 

Whitcomb,  John 589,  766 

Whitcomb,  Joseph, 443 

Whitcomb,  Joshua 759 

Whitcomb,  Nathaniel, 63 

White,  Abner 301 

White,  Asa 301,  302 

White,  Asaph, 210, 751 

White,  Capt.  Benjamin, 589 

White,  Capt.  Ebenezer 808 

White,  Elizabeth 301,  302 

White,  John 95,  213 

White,  John  (of  Boston),          .         .       46  bis,  119,  120  bis 
White,  Jonas 23 


Page 

White.  Jonathan 234 

White,  Jonathan  (attorney) 118 

White,  Jonathan  (chaimnan),  ....      210 

White,  Jonathan  (of  Leominster),  ....      115 

White,  Samuel  (of  Dedham) 218,  250 

White,  Samuel  (Speaker  of  House  of  Representatives),  87 

White,  Thomas, 301 

White,  Timothy 712 

White,  Timothy  (son  of  Timothy  White),      .  712 

Whiting,  John 642 

Whiting,  Mary 642 

Whiting,  Timothy 642 

Whitley, 107 

Whitman,  John, 770 

Whitnej',  Abigail  (daughter  of  Abigail  Whitney),.  495 
Whitney.  Abigail  (widow  of  Benjamin  Whitney),  .      495 

Whitney,  Anne 495 

Whitney,  Benjamin  (of  Boston),     .  .       495, 496 

Whitney.  Benjamin  (son  of  Benjamin  Whitney),  .  495 
Whitney,  Benjamin  (son  of  Solomon  Whitney),  495,  685 

Whitney,  Dinah, 495 

Whitney,  George 495 

Whitney,  Job, 495 

Whitney,  Job  (son  of  Solomon  Whitney),       .         .      495 

Whitney,  Miriam 496 

Whitney,  Samuel 345 

Whitney,  Samuel  (son  of  Benjamin  Whitney),  .  495 
Whitney,  Sarah  (daughter  of  Benjamin  Whitney),  495 
Whitney,  Sarah  (daughter  of  Solomon  Whitney),  496 
Whitney,  Solomon,  ....        495, 496, 685 

W'hittemore,  Isaac 481 

Whittemore,  Jeremiah, 481 

Whittemore,  Samuel, 753 

Whittom,  Joseph 604 

Whitton,  Thomas 233 

Wickett,  Jabez  (an  Indian) 593 

Wigglesworth,  Rev.  Edward,  89,  183,  286,  391,  443,  499, 
571,  579,  580,  669,  783 

Wigwam  Swamp, 503 

Wilbraham, S3, 341,  634 

Wilde,  Richard 65 

Wilder,  Abel 398 

WUder,  Caleb 145 

WUder,  David, 65,  70,  116 

Wilder,  Joseph 234,  320 

Wilder,  Priscilla 780 

Wilder,  Thomas 154 

Wilkie,  John, 727 

Willard,  Maj. 552 

Willard,  Aaron 38,  39,  121,  260,  261 

Willard,  Aaron,  jr.; 124 

WUIard,  Abijah 123,  124,  286 

Willard,  Elias 404 

Willard,  Levi 93 

Williams,  Col. 257,  295,  378 

Williams,  Rev.  Abraham 593 

WilUams,  Daniel 255.  726.  727 

Williams.  Eleazer 162.  255 

Williams,  Elijah  (sheriff  of  Berkshire  County),      60.  515 

Williams,  Ephraim 649 

WiUiams,  George, 810 

Williams,  Hannah, 606 

Williams,  Israel 266,  611 

Williams,  Capt.  Job 174 

Williams,  John 542,  766 

Williams,  John  (feoffee  in  trust  of  Rosbury  free 

school) 255 

Williams,  John  (of  Exeter,  England),  .  .  .430 
Williams.  John  Chester 130 


Index  of  IS^ames. 


819 


Williams,  Jonathan  (deacon), 

.      542 

Williams.  Jonathan  (father  of  Dea.  Jonathan  Wil- 

542 

Williams,  Joseph 

254,  255,  508 

130 

Williams,  Robert 

17,  63 

Williams,  Samuel, 

325,  387 

Williams,  Seth, 

.      212 

Williams,  Rev.  Solomon, 

.       521, 522 

Williams,  Thomas  (Justice  of  Peace),      . 

.      234 

Williams,  Thomas  (surveyor), 

.      532 

Williams,  William  (administrator), 

.        59 

Williams,  William  (Justice  of  Peace), 

.      232 

.      320 

Williamson,  Jonathan,     .... 

149,  333 

Williamstown.           ...            83,  136 

532,  549,  760 

Willis,  Ebenezer 

.      132 

308,  573 

Willis,  Seth 

160 

Willson,  Alice, 

.      688 

Willson,  Dr.  John, 

.      686 

.      686 

351 

686 

Willson,  Sarah  (widow  of  Samuel  Willson), 

.      351 

61 

314 

Winchendon,    .         .         .         .154, 236. 360 

398,  712,  793 

.      539 

.      699 

699 

Winchester,  Mary, 

699,  700 

Windham  (Maine).  .         .         .83,  169.325 

714,  755,  756 

Windham  County,  Connecticut,     . 

313,  696 

Wing,  Butler, 

.       149,  150 

Wing,  Clifton, 

149 

Wing,  Joseph 

568,  569 

Wing,  Ruth 

.       149.  150 

191 

Wingate,  Jonathan.           .... 

.      191 

Winslow,  Barnabas,          .... 

637 

Winslow,  Edward.    ..... 

93,  180 

Winslow,  Edward,  jr.,      .... 

.      296 

Winslow,  Hezekiah,          .... 

.      278 

.      596 

Winslow,  John 

43 

Winslow,  Joshua,      ..... 

44 

345 

579,  670,  783 

60 

Wise,  Henry 

52 

Wise,  John, 

52 

Wiser,  Benjamin  (an  Indian), 

.      318 

386,  656 

Wiawall,  Ichabod 

386 

WiswaU,  Peleg 

45,  244,  386 

Wiswell  (see  WiswaU). 

Witham,  Daniel,      .        93,  ISO,  296,  444,  492 

5S5,  675,  750 

Page 

Witham,  Jeremiah, 742 

Witt,  Benjamin, 126,  127 

Witt,  John 126,  127 

Witt,  Thomas, 759 

Wolcot,  Josiah 770,  771 

Wompsquon  (see  Wampaquam). 

John  (an  Indian),  ....        83 

Rhoda  (an  Indian) 83 

Wood,  Daniel, 98 

Wood,  Ezekiel, 138, 425 

Wood,  John, 98 

Woodbridge,  Joseph 624 

Woodbridge,  Joshua  Lamb,     .....      248 

Woodbridge,  Timothy  (of  Hatfield),  .         ,248 

Woodbridge,  Timothy  (of  Stockbridge),     67,70,71,198, 

292  bis.  592,  593,  644,  678,  761 

Woodbury,  Charles 421 

Woodman.  Edward, 122, 507 

Woodman,  Edward  (of  Durham,  New  Hampshire),      122 

W'oodman,  Joseph, 115 

Woodman,  Stephen, 700,  701 

Woods, 345 

W^oods,  Daniel,         .......      345 

Woodstock,       ...        8,  119,  227,  312,  313,  347,  394 
Woodward,  Daniel,  ......      560 

Woodward,  John,     .......      345 

Woodward,  Jonas,    .......      663 

Woolcut, 605 

Woolwich 77 

Worcester,         53,  144,  148,  174,  236,  271,  311.  314,  405,  414, 
455,  575,  663,  699,  728,  729,  786,  618 

Worcester,  Elizabeth, 625 

Worcester,  Francis,  .......      625 

Worcester  County,  12,  22,  24,  53,  59,  63  Ws,  74,  93,  98,  117, 
120,  121,  127,  148,  165,  166  his,  167,  190,  193,  198,  228, 
236,  244,  269,  275,  276,  282,  294,  304,  313,  314  bis.  316, 
321,  336,  342,  343  bis.  344,  357,  360,  405,  400,  411,  412, 
414,  431,  440,  474,  480,  481,  490,  505,  513.  554,  575 
590,  620,  635,  640,  666,  685,  686,  699  bis,  719,  748,  771, 
772,  810,  818 

Worthington, ,   .         .    319,468,520,554,555,561,564 

Worthington,  John,    25,  254,  258,  424,  425,  482,  500  bis.  512 

Wrentham 476,  570,  659 

Wright,  Selah 362 

Wrightington,  Henry, 383 

Wyman,  Hezekiah,  .         .  689,  734.  735,  764 

Wyman,  Jashur, 118,514,515 

Wyman,  Jesse,  .......      210 

Wyman,  Rosa 689,  734,  735.  764 

Wyman,  Seth 6S9 

Y. 

Yokum  Town  and  Mount  Ephraim,  .261 

Yokun  Town  and  Mount  Ephraim   (see  Yokum 
Town  and  Mount  Ephraim). 

York, 89,  375,  646 

York  County,  .     10,  82,  89,  93,  122,  375,  439,  472,  475 

Young,  Moses 760 

Young,  Robert,  jr., 759 

Young,  William 728 


GENERAL     INDEX 


[851] 


INDEX. 


A. 


ABATEMENT. 

of  taxes: 

in  Gloucester 200 

in  Tyrincham, 126 

ABSCONDING  DEBTORS,  ....    108,  166 
ACCOUNTS. 
for  entertainment  of  the  Council  and  House  of 

Representatives,  allowed,  .  .         .71 

of  Henry  Young  Brown,  allowed,  .         .  .392 

of  Israel  Chapin,  allowed,  .....  266 
of  committee  on  bridge  over  Waters  River  in  Dan- 

vers,  allowed, 315 

of  committee  to  view  Barnstable  County,  allowed,  386 
of  committee  to  view  Ipswich  River,  allowed,  .  459 
of  Thomas  Cushing,  Commissary  General,  allowed, 

633,  634  bis,  719  bis,  720 
of  Joshua  Eldridge  of  expenses  for  a  sick  stranger, 

allowed, 687 

of  expenses  of  committee  relative  to  lands  at  Upper 

Housatonic  Township,  allowed,  .         .  766 

of  Thomas  Hubbard,  Commissary  General,  rela- 
tive to,         19,  20  bis,  146  bis,  147,  259  bis,  260, 
364,  365  bis,  487  bis,  488 
of  David  Ingersoll  of  supplies  for  sick  soldiers, 

allowed, 541 

of  payments  by  Timothy  Woodbridge  to  the  Stock- 
bridge  Indians,  allowed,  .  .  .  .67 
of  Province  Agents,  relative  to,  .  .  .26  bis 
of  Province  Treasurer,  relative  to,  18, 134,  255,  359,  379. 
472,  551,  653,  740 
of  Edward  Sheaffe,  Commissary  General,  relative 

to,         .         . 60S 

of  Rev.  Benjamin  Stevens  and  others,  allowed,  .  760 
of  supplies  for  sick  soldiers  allowed  innkeeper  at 

Spencertown, 541 

of  the  charge  for  opening  gallery  to  the  House  of 

Representatives,  allowed,  ....  215 
ACTION. 
Samuel  Blodget,  petition  of,  for  a  re-hearing  of  an,  160 
Coonrod  Borghardt,  petition  of,  for  a  new  trial  of 


Henry  Young  Brown,  relative  to  actions  against,  140, 
355,  392 
Jonathan  Burnell,  petition  for  a  rehearing  of  an, 

order  of  notice  on, 682 

certain  actions  for  recovery  of  lands  sold  for  pay- 
ment of  taxes,  stayed,  .  .  .  .654 
Benjamin  Cudworth,  allowed  a  rehearing  of  an,  .  591 
Reuben  Delano,  petition  of,  for  a  new  hearing  of  an,  173 
George  Dudley,  petition  of,  for  a  rehearing  of  an,  689 
Nathaniel  Goodwin,  petition  of,  for  a  re-trial  of  an, 

relative  to, 30,  103 

Jonathan  Grout  and  others,  petition  of,  for  a  re- 
trial of  an, 382 


ACTION  —  continued. 

William  Hickling  and  Joseph  Green,  petition  of, 

for  a  review  of  an 643 

William  Hight,  petition  of,  to  review  an,        .         .  645 
John  Jeffries  and  others,  petition  of,  relative  to  a 

review  of  an,         ......    86 

John  Kingsley,  petition  of,  for  a  rehearing  of  an,    .  161 
Phineaa  Mirick  impowered  to  bring  forward  an,    .    98 
of  trover  for  trees,    .......  645 

relative  to  reviewing  an,  upon  petition  of  Isaac 

Dupee, 69,  74 

Erastus  Sackett  impowered  to  prosecute  an,  .  .  136 
Abel  Sawyer,  jr.,  petition  of,  to  review  an,  .  .  471 
Nathaniel    Sears  impowered  to  have  a  rehearing 

of  an 293,  314 

William  and  Andrew  Simonton,  impowered  to  re- 
enter an 819 

Joseph  Stockman,  petition  of,  for  a  rehearing  of 

an 725 

Thomas  Torrey,  petition  of,  to  re-enter  an,  .  17,  63 
Katharine  Wheeler,  petition  of,  relative  to  an,  .  392 
Samuel  White,  leave  to,  to  defend  himself  against 

an, 218, 250 

ACTS. 

bankrupt  act,  provision  made  relative  to  proceed- 
ings on, 108 

explanation  of  an  act  for  dividing  District  of  South 

Brimfield  into  two  parishes,  -  237 

explanation  of  an  act  incorporating  the  inhabitants 

of  Cape  Elizabeth  into  a  district,  .  407 

in  reference  to  new  plantations,       ....  792 
taxation,  referred  to,         .         .         .      387,  495,  531,  652 
ADMIRALTY. 

forfeitures  in,    . 66 

AGENT,  PROVINCE. 
William  BoUan: 

accounts  of,  relative  to  the  settlement  of,   .         .    26 
Dennis  De  Berdt: 

allowance  to.  for  services 289 

certain  sum  to  be  remitted  to,     .         .         .         .72 
Richard  Jackson: 

allowance  to,  for  services, 289 

certain  sum  to  be  remitted  to,     .         .         .         .72 

dismissed, 173 

Jasper  Mauduit: 
accounts  of,  relative  to  the  settlement  of,  .         .    26 
AMHERST,  District  of. 

division  of,  into  two  parishes,  relative  to,       .    721,  806 
meeting-houses  in: 
appointment  of  committee  relative  to,         .         .  751 
ANABAPTISTS  {see  Baptists). 
ANDOVER,  Town  of. 

North  parish  in,  certain  inhabitant  of  Andover, 

with  his  estate,  annexed  to,        .         .         .  600 


[853] 


854 


IXBEX. 


ANNAPOLIS  (Port  Royal)  NOVA  SCOTIA. 

allowance  to  David  Ransford  for  service  aa  soldier 

at 354 

equivalent  township  granted  to  proprietors  of  a 
township  granted  to  Nathaniel  Harris  and 
others  for  service  at,  relative  to,  .   537,  595 

APPEAL. 
John  Bridgham  impowered  to  enter,       .         .    236,  283 
failure  to  prosecute  an,    . 
John  Fairservice,  petition  of,  to,     . 
from  a  judgment  in  bankruptcy,    . 
Joseph  Gooch  impowered  to  enter  a 
Samuel  Mirick  and  Zilpah  Reed  allowed  to  claim  an,  269 
Edmund  Quinc\',  jr.,  impowered  to  enter  an,        .  158 
APPROPRIATIONS. 
for  debts  where  there  is  no  establishment: 

transfer  from,  to  appropriation  for  grants,  .  103 

for  forts  and  garrisons: 
transfer  from,  to  appropriations  for  the  pay  of  the 

Court, 103 

for  grants: 
transfer  from,  to  appropriation  for  debts  where 

there  is  no  establishment,  .  .    414,  520 

transfer  from,  to  appropriation  for  the  pay  of  the 

Court 573 

ARBITRATION  AND  AWARD. 

amending  an, 399 

ARMORER. 

for  Fort  Pownall,  allowed, 146 

ARMS. 

amount  stopped  out  of  wages  of  soldiers  for  guns, 

allowed, 80,  257,  346 

gun  lost  in  Crown  Point  expedition,  allowance  for,  231 
gun  lost  in  public  service,  allowance  for,  .  .  316 
guns  deatrojed  by  fire,  allowance  for,    .  .31 

ASHBURNHAM,  Town  of. 

Province  tax  assessed  in,  removed,  .         .         .  271 

ASHFIELD,  Town  of  (see  Huntstown). 

proceedings  at  town  meetings  in,  confirmed,  .  380 

Province  Laws,  books  of,  allowed  to,      .         .         .83 
gale  of  lands  of  delinquent  proprietors  in,  appoint- 
ment of  committee  relative  to,  .  .  681 
taxes  in,  relative  to,         .         .         .      333,  450,  495,  654 
tract  of  land  near,  granted  to  Joseph  Washburn,  .  738 


ASSESSORS. 

in  District  of  Cape  Elizabeth  (Cumberland 
County),  to  return  a  list  of  ratable  estates 
to  the  General  Court,  .         .         .         .  ] 

in  District  of  Conway  impowered  to  assess  a  tax,  .  c 
in  District  of  New  Salem,  impowered  to  sell  lands 

of  delinquent  proprietors,  .         .         .         .  I 
in  District  of  Oakham,  impowered  to  complete  the 

collection  of  taxes, ] 

in  District  of  South  Brimfield,  directions  to,  .  2 

in  District  of  Westminster,  proprietors  impowered 
to  choose,     .         .         .         .         .         .         .  c 

in  East  Hoosac  Township,  directions  to,        .         .  £ 
in  Falmouth  (Cumberland   County),  to  return   a 

list  of  ratable  estates  to  the  General  Court,  1 
in  First  parish  in  Falmouth  (Cumberland  County), 
acts  of,  confirmed,        .         .  .         .4 

in  Granby,  to  assess  the  inhabitants  a  certain  sum,  4 
in  Newbury,  directions  to,       ..... 

in  Newburyport,  directions  to,        ...         . 

in  Pownalborough,  impowered  to  assess  the  in- 
habitants,     4 

in  Shutesbury,  impowered  to  issue  their  warrants 

to  constables  for  the  collection  of  taxes,     .  ] 
in  Warwick,  to  assess  delinquent  proprietors,         .  ] 
in  Windham,  Maine  (formerly  New  Marblehead): 
half  of  a  fine  remitted  to,     .         .         .         .         .5 
impowered  to  assess  a  tax,    .         .         .         .         .  c 
ATHOL,  Town  of. 
certain  inhabitants  of,  and  of  Templeton,  with  their 

estates,  erected  into  a  precinct,  .         .  ' 

proceedings  at  town-meeting  in,  confirmed,  .         .  I 
ATTORNEY. 

George  Bethune,  to  Eliot  Elmes,  .  .  .  .  i 
William  Molineux.  to  Charles  Ward  Apthorp,  .  : 
William  Read,  to  John  Read,  .         .         .         .  1 

John  Sullivan,  to  William  Right i 

Jonathan  White  and  Philip  Goodridge,  to  heirs  of 

Jashur  Wyman, 

to  the  King: 
James  Hovey,  acting  as,  allowance  to,  for  services,  ' 
AWARD. 
justices  of  inferior  court  in  Cumberland  County 
impowered  to  reopen  an,     . 


B. 


BAEERSTOWN.  Township  of. 

proceedings  at  meetings  in,  confirmed,   .         .         .  152 
townsliip  granted  to  proprietors  of,  as  an  equiva- 
lent, relative  to,  .         .         .         .        47,  58,  356 
BANKRUPTCY. 

appeal  from  a  judgment  in, 547 

provision  made  relative  to  proceedings  on  a  bank- 
rupt act 103 

BAPTISTS, 333,450 

BARNSTABLE  COUNTY. 
collector  of  excise  for: 
chosen,  ........    93 

committee  to  view  account  of,  allowed,  .         .  386 

inferior  court  and  court  of  general  sessions  in,  ad- 
journment of.       .  69,  403, 539,  620 
superior  court  of  judicature,   etc.,   in,   adjourn- 
ment of,       ......         .  575 

treasurer  of,  account  allowed,    9,  124,  231,  367,  378,  469, 
553,  630,  813 
BARNSTABLE.  Town  of. 

Notary  PubHc  for,  chosen,     93,  180,  296,  444,  492,  585, 
675.  750 


BEACON  ISLAND. 

lighthouse  on: 
allowance  to  keeper  of,  for  services,  etc.,   83,  178.  S 
385,  446,  502,  588,  657, 
BECKET,  Town  of. 
certain  lands  with   the  inhabitants  thereof,  an- 
nexed to,      ......         . 

power  to,  relative  to  levying  taxes,  terminated, 
Province  Laws,  books  of,  allowed  to,      .         .         . 
BEDFORD,  Town  of. 
certain  family  in  Lexington,  with  his  estate,  an- 
nexed to,      .....         . 

BELLINGH&M,  Town  of. 
order  of  court  relative  to  the  proceedings  at  town- 
meeting  in,  construed, 
proceedings  of  annual  meeting  at,  confirmed, 
BERKLEY,  Town  of. 
allowance  to,  for  supporting  two  Indians, 
proceedint:;s  at  town-meeting  in,  confirmed,   . 
BERKSHIRE  COUNTY. 
collector  of  excise  in: 
chosen, 


Index. 


855 


BERKSHIRE  COJJNTY  ^  continued. 
inferior  court  and  court  of  general  sessions  in,  ad- 
journment of,       ...         .       99,  687,  745 
justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license,         ....    176,  690 
Justices  of  inferior  court  in,  impowered  to  recommit 

case  to  referees, 644 

Province  lands  in,  and  Hampshire  County,  com- 
mittee to  survey, 419 

Township  Number  Four  (Becket)  in: 

taxes  in,  relative  to,       .         .         .         .         .         .13 

treasurer  of,  account  allowed,  .         .     122,  652,  718 

BERNARDSTON,  Town  of. 
equivalent  land: 
confirmation  of,  to  proprietors  of,         .         .         .    65 

granted  to  proprietors  of, 44 

Ebenezer  Sheldon  of,  allowance  to,  for  services,  etc.,    32 
BIDDEFORD,  Town  of. 
plan  of  certain  townsliipa  with  boundary  lines  of 
Falmouth,      Scarborough     and,     relative 

to, 228,253 

BILL. 
leave  to  committee  to  bring  in,  relative  to  securing 
the  lands  belonging  to  the  Stockbridge  In- 
dians, ........    70 

leave  to  inhabitants  of  North  East  Quarter  of  Rut- 
land to  bring  in  a,  for  incorporation  into  a 

district, 231 

relative  to  raising  money  in  Newburyport  for  min- 
isterial purposes,  referred,  ....  387 
BILL  OF  EXCHANGE. 

to  be  drawn  on  Jasper  Maudiut,     ....  218 
BILLS  OF  CREDIT. 

new  tenor,  allowance  for  redemption  of,  .     98,  107 

BLACK  GROUND  INDIANS,  in  Plymouth  and 
Sandwich: 

guardians  of,  chosen, 619 

BLANKETS. 
Col.  Thomas   Doty  re-imbursed  the  amount  he 

paid  for, 83 

BLASPHEMY. 

liability  of  an  insane  person  for 407 

BOLTON,  Town  of. 

liighwaya  in,  confirmed 130 

BONDS. 
excise: 
of  John  Cotton,  relative  to,  .         .     219,  401,  454 

putting  in  suit,  of  certain  persons,  suspended,    257, 
258  bis,  259,  260  bis,  261  bis,  262 
BOOTH6AY  (Province  of  Maine),  Town  of. 

proceedings  of  officers  of,  confirmed,        .         .         .54 
town-meeting  to  be  called  at,  ....  814 

BOSTON,  Town  of. 
allowance  to,  for  hiring  a  vessel  to  carry  dispatches,  488 
fire  in,  allowance  to  sufferers  from,  .         ,         ,  198 

Notaries  Public  for,  chosen,  93,  180,  296,  444,  492,  585, 
675,  750 
old  powder-magazine,  materials  of,  to  be  sold,  .  628 
Province  hospital  in  West  part  of,  relative  to,  252,  384 
riots  in,  expense  of  committee  to  inquire  relative 

to,  allowed, 215 

BOSTON  GAZETTE  {see  Newspapers), 
publication  in: 
of  sale  of   land   belonging   to   delinquent  pro- 
prietors of  District  of  New  Salem,     .         .  540 
of  sale  of  Province  I^nds  on  Deerfield  River,     .  737 
BOSTON   TOWNSHIP   NUMBER   THREE   (see 

Pittsfield). 
BOTTOMRY  BOND. 
action  on, 105 


BOUNDARY  LINES. 

between  New  grant  to  District  of  New  Salem  and 

Capt.  John  Erving's  grant,  confirmed,        .  i 
between    New    Hampshire  and   the   Province  of 

Maine  (so  called),  relative  to,     .       65,  106,  : 
between  Province  of  Massachusetts  Bay  and  Con- 
necticut, relative  to,    . 
between  Province  of  Massachusetts  Bay  and  New 
Hampshire,  relative  to,    43,  44  ter,  45  bis,  46 1 
47  6is,  iSbis,  58,  65,  66,  208.  211,  323,  356,  4 
457,  477,  514,  537  bis,  538,  542,  552,  561,  596,  6 
622,  689,  690,  735  bis,  736,  747,  752,  753,  764,  7 
786 
between  Province  of  Massachusetts  Bay  and  New 
York,  relative  to,      211,216,249,253,254,2 
291,  322,  326,  352,  680,  729,  736 
between  the  first  and  third  parishes  in  Falmouth, 

Cumberland  County,  .         .         .         .  f 

between  the  two  precincts  in  South  precinct  of 

Reading, '• 

between   towns   of   Falmouth,    Scarborough   and 
Biddeford    and    Narragansett    Townships 
Numbers  One  and  Seven,  relative  to,   228, : 
between  towns  of  Sutton  and  Uxbridge: 
allowance  to  committee  for  settling, 
established,   ..... 

between  towns  of  Taunton  and  Middleboroug 
allowance  to  committee  on, 
established,  ...... 

between  Walthara  and  Weston,  established, 
of  equivalent  land  confirmed: 
to  Capt.  Henry  Young  Brown,    . 
to  Story  Dawes  and  Peter  Roberts, 
to  Samuel  Dexter, 
to  Francis  Fullam, 
to  heirs  of  Rev.  Thomas  Cobbet, 
to  heirs  of  Edward  Park, 
to  heirs  of  Elizabeth  Rand, 
to  Caleb  Holden  and  others, 
to  Ephraira  Keys, 
to   legal   representatives  and   heirs  of   William 
Tailer,  .... 

to  Benjamin  Prescott, 

to  Uxbridge,  .... 

to  Hezekiah  Ward  and  others, 
to  Samuel  Watts  and  others, 
to  Joseph  Weld  and  others, 
to  Aaron  Willard  and  others, 
to  Josiah  Wolcot  and  others, 
to  Edward  Woodman,  . 
to  Ross  and  Hezekiah  Wyman,    . 
of  equivalent  townships  confirmed: 
to  Capt.  Joshua  Fuller  and  others, 
to  Samuel  Livermore  and  others, 
to  James  Otis  and  others,     . 
to  proprietors  of  Bakerstown, 
to  proprietors  of  Sylvester- Canada, 
to  Capt.  William  Raymond  and  others, 
to  soldiers  under  Capt.  Samuel  Gallop  or  legal 
representatives,   . 
of  gore  of  equivalent  land  granted  to  proprietors 
of  Colrain,    .  .  .  .  i 

of  Huntstown  established,       ..... 

of  land  belonging  to  Ebenezer  Page  set  off  to  Bed- 
ford, described '< 

of  land  confirmed: 

to  Jonathan  Bagley, : 

to  heirs  of  Jashur  Wyman,  . 

to  David  Ingersoll 

to  Cornelius  Jones, 


856 


Index. 


BOUNDARY  LIKRB  —  continued. 
of  land  confirmed  — continued. 
to  Joshua  Locke,  .         .         .         .         .         .         .  ( 

to  Ebenezer  Olds f 

to  Oliver  Peabody  and  others ' 

to  Samuel  Pierce,  .....    597,  t 

to  James  Saxton, f 

to  Dirch  Spoor  and  others,  .         .         .         .  i 

to  Jonathan  Sprague, ' 

to  Henry  Spring, '< 

to  Beriah  Tree, 676,  ; 

of  land  granted: 
to  Asa  Douglass  and  others,         .         .         .         .  ' 

to  Timothy  Ruggles ' 

to  Rev.  George  Throop, ( 

to  Joseph  Washburn,  .....  738,  { 
of  land  purchased  by  John  Erving  to  be  ascer- 
tained, .  .  .  .  f 
of  land  set  off  from  Ipswich  to  Topsfield,  .  .  ' 
of  parish  erected  out  of  part  of  Pocasset,  .  ^ 
of  precinct  erected  out  of  part  of  Athol  and  part 

of  Templeton,      .                                            .  - 
of  Province  Lands  to  be  sold  on  each  side  of  Deer- 
field  River : 

of  townships  confirmed: 
to  David  Phips  and  others,  .         .         .         .  • 

to  Joaiah  Richardson  and  others,  .  I 

of  township  granted  to  John  Murray  and  others, 

relative  to, I 

of  Township  Number  Two   (Peru)  confirmed  to 

Oliver  Partridge  and  others,  .  : 

of  Township  Number  Five   (Cummington)  con- 
firmed to  John  Cummings,  .         .  I 
of  tract  of  land,  known  as  Wachusett  Hill,  granted 

to  Rev.  Timothy  Fuller,      .  .  : 

of  tract  of  land,  West  of  Pittsfield,  released  to  cer- 
tain persons, 
of  tract  of  land.  West  of  St.  Croix  River,  called 
Machias,   granted  to  Ichabod  Jones  and 

others,  . ' 

Old  Colony   Line,  from  Accord  Pond  to  Angle 
Tree,  relative  to  the  running  of,     642,  659,  ( 
BOUNTY. 
for  soldiers: 

allowed  to  James  Adams,     ..... 
to  encourage  men  to  enlist  in  the  service. 


BOXFORD,  Town  of. 
certain  sum  to  be  laid  on,        .....  459 
relative  to  a  reWsal  of  an  assessment  upon,  for  a 

highway 39.  94 

BRAINTREE,  Town  of. 

fine  remitted  to, 184 

BREAKING  AND  ENTERING,    .         .     142.  266,  689 
BRIDGES. 
Eel  River  bridge,  relative  to  the  repairs  of,  .         .  808 
in  Westfield,  expense  of  \'iewing,  allowed,       .         .  209 
over  Waters  River  in  Danvers: 
account  of  committee  on,  allowed,       .  .  315 

sum  allowed  committee  on,  to  be  added  to  taxes 

in  the  towns  in  Essex  County,   .  .         .  315 

BRIDGEWATER,  Town  of. 

East   precinct   in,   certain   jiersons   in,  with  their 

estates,  annexed  to  the  North  precinct,      .      8 
BRIGANTINE,  PRINCE  OF  ORANGE. 
David  Coffin,  Master: 
relative  to  an  action  against  Fortescue  Vernon 

upon  the  policy  of  insurance  upon,    .         .  230 
BRIMFIELD,  Town  of. 

Province  tax  in,  relative  to 139 

BRISTOL  COUNTY. 
collector  of  excise  for: 
chosen,  ........     93 

inferior  court  and  court  of  general  sessions  in,  ad- 
journment of,      .         .    68,  94,  175,  282,  452,  711 
judge  of  probate  for,  authorized  relative  to  the 

distribution  of  an  estate 142 

judge  of  probate  for,  to  consider  the  estates  of 

George  Pitts  and  Elizabeth  Pitts  as  one,  .  777 
justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license.        ....    101,298 
justices  of  court  of  general  sessions  in,  impowered 

to  receive  an  appeal,  etc.,    ....  269 

Notaries  Public  for,  chosen,    93,  ISO,  296,  444,  492,  585, 

675,  750 

treasurer  of,  account  allowed,    51,  305,  395,  47S,  583, 

743 
under  sheriff  of,  allowance  to,  for  services,      .         .  212 
BROOKFIELD,  Town  of. 

private  or  town  ways  in,  confirmed,        .         .         .  585 
BRUNSWICK,  Town  of. 
Province  tax  in,  certain  projxjrtion  of  Province 

tax  taken  from  Gorhamtown,  added  to,    .  100 


C. 


CANADA  EXPEDITION. 

allowance    to    Timothy    Madding 


for     services 


land  granted  for  equivalent   townships  to  legal 
representatives  of  soldiers  in  (1690),  rela- 
tive to,  47  bis,  48  bis,  58,  66,  129, 169,  239,  356  bis, 
450,  514,  537,  542,  564,  593 

land  granted  for  townships  to  legal  representa- 
tives of  soldiers  in,  relative  to,    344,  386,  536, 
594 

land  granted   to  legal  representatives  of  Joseph 

Tree  in, 558 

CANNON. 

brass,  Commissary  General  to  purchase,         .         .  160 
CAPE  BRETON  EXPEDITION. 

allowance  for  ser\"ices  in, 43 

allowance  to  Dudson  Kilcup  for  taking  the  names 

of  soldiers  in, 103.  784 

William  Covell  wounded  in  service  at,  allowed  a 

certain  amount  annually,   ....  534 


CAPE      ELIZABETH,    District   of    (Cumberland 
County), 
explanation  of  an  act  incorporating,  .         .  407 

petition  of  certain  inhabitants  annexed  to  First 

parish  in  Falmouth  to  be  set  back  to.        .  194 
stay  of  proceedings  in  consequence  of  a  resolve 

relative  to, 445 

taxes  in,  relative  to,         ......  152 

CAPTIVES. 

allowance  to  or  for, 32,  171 

taken,  at  Lake  George,    .         .  .         .         .         .32 

CASTLE  WILLIAM. 
additional  men  allowed  for  the  defence  of,  .  140 

John  Brock  who  served  at,  to  receive  a  certain 

amount  annually,        .....  534 
chaplain  at,  allowanQp  to,  89,  183.  285.  390,  454,  538 

establishment  at,      .         .  36,  128,  262,  363,  375,  482 

lieutenant  at,  allowance  to,       89,  182,  285,  389,  443,  538 
repairs  at,  appointment  of  committee  on,       .  7 

wages  of  men  discharged  at,  relative  to,  .         .  478 


liSTDEX. 


857 


CHANCER. 

of  hoiid, 60 

CHANCERY. 

superior  court  authomed  to  act  in,         .         .         .  535 
CHAPLAIN. 
at  Castle  William,  allowance  to,    S9,  183,  2S5,  390,  454. 

538 
of  the  Board  and  House  of  Representatives,  al- 
lowance to,     88,  183,  285,  390,  396,  454,  49S,  571, 
579,  672  bis,  7S2 
CHAPPAQUIDDICK  INDIANS. 
allowance  to  committee  on,  for  expenses,        .         .  766 

guardians  of,  chosen, 789 

CHARCOAL. 
and  wood  for  lighthouse  at  entrance  of  Plymouth 

Harbor,         .         .         .        458, 500,  587,  672. 769 
CHARLEMONT,  Town  of. 
certain  land  between,  and  Deerfield  River  granted 

to  Samuel  Pierce, 597 

land  confirmed  to  Hezekiah  Ward  and  others,  an- 
nexed to, 751 

Province  Laws,  books  of,  allowed 71 

taxes  in,  assessment  of,    .         .         .         .         .         .  186 

tract  of  land  between  District  of  Shelburne  and, 

confirmed  to  Timothy  Farley,   .         .         .413 
CHARLESTOWN,  Town  of. 
Notaries  Public  for,  chosen,     296,  444,  492,  585,  675, 

750 
CHARLTON,  District  of. 

roads  laid  out  in,  confirmed, 281 

CHATHAM,  Town  of. 
Notary  Public  for,  chosen,      ....    675,  750 

Province  tax  remitted  to, 453 

CHELSEA,  Town  of. 

fine  remitted  to, .  545 

CHESTERFIELD,  Town  of. 
Pro\-ince  Laws,  books  of,  to  be  delivered  to,        S3,  353 
relative   to   levying   taxes  upon   nonresident   pro- 
prietors of, 641 

CHURCH'S  INDIANS  in  Freetown. 

guardians  of,  chosen, 619 

CIVIL  OFFICERS. 

collectors  of  excise,  chosen, 93 

Commissary    General,    chosen,      92,179,295,456,531, 

581,  674,  749 

commissioner  of  impost,  chosen,    92,  180,  295,  444,  492, 

581,  674,  749 

Notaries  Public  for  certain  ports,  chosen,    93,  180,  296, 

444,  492,  585,  675,  750 

Province  Treasurer,  chosen,    92,  179,  295,  444,  492,  584, 

674,  749 

to  be  continued  the  present  year,  ....  398 

truck-master,  chosen: 

for  Fort  Halifax, 92 

for  Fort  Pownall,     92,  180,  296,  444,  531,  584,  674,  749 
CLAIMS. 

of  creditors,  relative  to,    164,  237,  297,  303,  400.  405,  467 
CLOTHING. 
allowance  for,  etc.,  of  Indian  Children  (Mohawks), 

16,  243,  273,  359,  376,  403,  489,  583,  677,  789 
soldiers',  Commissary  General  to  dispose  of,  .  483 

COHASSET,  District  of. 

Province  Laws,  books  of,  to  be  furnished  to,  .  467 

COLLECTORS  OF  EXCISE. 
for  Barnstable  County: 

chosen, 93 

for  Berkshire  County: 

chosen.  ........    93 

for  Bristol  County: 
chosen, 93 


COLLECTORS  OF  EXCISE  ~  continued. 
for  County  of  Dukes  County; 

chosen,  ...... 

for  Cumberland  County: 

chosen, 

for  Essex  County: 

chosen,  ...... 

for  Hampshire  County: 

chosen,  ...... 

for  Lincoln  County: 

chosen,  ...... 

for  Middlesex  County: 


for  Nantucket  County: 


for  Plymouth  County: 

chosen,  

for  Suffolk  County: 

chosen, 

for  Worcester  County: 

chosen,  

for  York  County: 

chosen, 

COLLECTOR  OF  TAXES. 
delinquent,  liberated  from  jail,        .  .  ,  ' 

in  District  of  Westminster,  proprietors  impowered 

to  choose, ,  I 

in  Freetown,  to  be  chosen, 

in  Haverhill,  First  precinct,  to  be  chosen,  .  ; 

in  Kittery,  First  parish,  impowered  to  collect  taxes, 
in  Pownalborough: 
impowered  to  collect  taxes,  .         .         .    333,  ' 

to  be  chosen,  .         .         .         .         .         .         .  ! 

in  Scarborough,  to  be  chosen,  .... 

in  Stoughton,  appointment  of,  confirmed,      .  .  I 

in  Windham,  Maine  (formerly  New  Marblehead), 
to  be  chosen,  .  .         .  .  I 

COLLEGE,  HARVARD. 
committee  to  rebuild,  allowance  to,         .         .      33,  ! 
journals  of  the   House  of  Representatives  to  be 
delivered  to,         .....         . 

president  of: 
allowance  to,  .         .  88,  183,  2S5,  442,  498,  579,  t 

allowance  to  executors  of,  for  the  heirs,       .         .  J 
professor  of  divinity  at,  allowance  to,    89,  183,  286,  3 
443,  499,  579,  580,  669, : 
professor  of  Hebrew  at,  allowance  to,  305,  391,  443,  4 
580,  670,  : 
professor  of  mathematics  at,  allowance  to,    88,  184,  2 
390,  442,  499,  579,  670,  : 
Province  Laws,  books  of,  allowed  to,       . 
COLRAIN,  Town  of. 

equivalent  land  granted  to  proprietors  of,     .      44, 1 
COMMISSARIES. 
to  settle  boundary  between  Province  of  Massa- 
chusetts Bay  and  New  York: 

allowance  to, 253,  / 

chosen, 2 

instructions  to, 216,  3 

thanks  of  the  Court  extended  to,  .         .5 

to  make  surveys,  etc.,  .         .         .  ,  £ 

COMMISSARY  GENERAL. 
Thomas  Gushing: 
account  of,  of  Indian  trade,  allowed,   .         .    634,  7 
allowance  to,  for  services,     .  580,  671,  7 

chosen 531,  581,  674,  7 

general  account  of,  allowed,  .         .    634, 7 

provision  account  of,  allowed,  .    633,  7 

to  supply  provisions,  etc.,   for  trade  with  the 
Indians  at  Penobscot  Falls,  .7 


858 


Index. 


COMMISSARY  GENE'RAL  —  continued. 

Thomas  Hubbard: 
account  of ,  of  Indian  trade  allowed,  20. 146, 259. 364, 487 
allowance  to,  for  series,     .       102,  182,  304.  389,  456 

chosen, 92.  179. 295 

general  account  of,  allowed,  20,  147,  260,  365,  488 

provision  account  of,  allowed,  19,  146,  259,  365,  487 
to  freight  goods  for  serWce  of  this  Province,  .  175 
to   make  pro^asion  for  certain  recruits  of  the 

14th  regiment, 245 

to  purchase  brass  cannon, 160 

Edward  SheafEe: 
allowance  to  esecutors  of,  for  the  heirs,       .         .  606 

allowance  to,  for  services, 506 

chosen,  ........  456 

executors  of,  accountable  to  the  Province  for  a 

certain  amount, 60S 

to  dispose  of  soldiers'  clothes,       ....  483 
COMMISSIONERS. 
of  impost: 
chosen,  .         .    92,  180,  295,  444,  492,  581,  674,  749 

to   supply   lighthouse   near   Plymouth   Harbor 

with  oil,  etc.. 349 

of  Land  Bank,  appointment  of,      .         .         .         .  219 
of  £100.000  loan: 
Thomas  Hutchinson,  impowered  to  bring  ac- 
tion of  ejectment  against  persons  illegally 
occupying  Province  lands,  etc.,  .      7 

to    receive    claims    against    an    insolvent  estate, 

aUowed  more  time,      ....    237.  467 
COMMITTEE. 

appointed  to  consider  the  report  of  the  Commis- 
saries on  the  boundary  Une  between  Prov- 
ince of 'Massachusetts  Bay  and  New  York, 

relative  to  report  of, 279 

appointed  to  report  on  fire  at  Sandwich,  allowance 


to, 


697 


at  the  Congress  at  New  York,  allowance  to,           .    98 
for  readjustment  of  dower  of  Rachel  Thayer,  re- 
port of, 34 

Joseph  Hawley  to  make  report  of  a  certain,  rela- 
tive to  sale,  etc.,  of  lands  West  of  Sheffield 

and  Stockbridge 248 

of  Dorchester  and  Stoughton  impowered  to  sell 

lands, 570 

of  Sherburn  (Nantucket  County),  petition  of,  for 

the  annexation  of  two  islands,    .  .         -  567 

on  accounts  of  Edward  Sheaffe,  late  Commissary 

General,  report  of 608 

on  accounts  of  the  Province  Treasurer,  report  of,   18, 
134,  255,  359,  379,  472,  551,  652,  740 
on  boundary: 
between  the  Province  of  Maine  (so  called)  and 

New  Hampshire,  relative  to,      .         .65,  106 
between  the  towns  of  Sutton  and  Uxbridge,  377,  392 
between   the   towns  of   Taunton   and  Middle- 
borough,  allowance  to,         ...         .  504 
between  this  Province  and  New  Hampshire: 
appointment  of,         .....         ■  208 

report  of, 43,  249 

on  bridge  over  Waters  River  in  Danvers,  account 

of,  allowed,  ......  315 

on  certain  pond  and  beach  at  Edgartown,  expenses 

of,  allowed, 6S1 

on  District  of  South  Hadley.  WUliam  Eastman 

reimbursed  of  sum  paid  to,         .         .         .  127 
on  farming  excise; 
for  Suffolk  County: 

allowance  to, 42 

report  of, 12,  63 


COMMITTEE  —  continued. 
on  ministerial  affairs  in  Dighton: 

allowance  to,  for  services, 565 

appointment  of, 506 

report  of,       . 565 

on  petition: 
of  Cadivallader  Ford  to  bring  forward  a  writ  of 

review,  report  of 229 

of  Henry  Price  relative  to  a  judgment,  report  of.  817 
on  potash,  appointment  of,  ....  .  294 
on  Province  lands  in  Plymouth  County,  relative 

to 95,  212,  320 

on  repairs: 
at  Castle  William,  appointment  of, 
at  Castle  William,  to  repair  Shirley-Battery, 
at  Court  House,  appointment  of, 
on  Eel  River  bridge,  report  of,     . 
on  the  Chappaquiddick  Indians,  allowance  to  for 
expenses,      ...... 

on  the  Land  Bank,  directions  to,    . 
on  valuation  of  estates: 
allowance  to,  for  services,     .... 

allowance  to  persons  employed  as  clerks  to, 
relative  to  admitting  proprietors  in  the  equiva- 
lent township  granted  to  John  Gardner 
and  others,  appointment  of,        .         .         .  770 
relative  to  an  appeal  from  a  criminal  sentence, 

report  of, 269 

relative  to  building  meeting-houses  in  District  of 

Amherst,  appointment  of,  ...  751 

relative  to  sale  of  lands  of  delinquent  proprietors 

at  Ashfield.  appointment  of,       .  .  681 

relative  to  the  Upper  Housatonic  township,      764.  766 
report  of,  on  petition  of  inhabitants  of  Nobletown 

relative  to  losses  sustained,         .  .  254 

to  appraise  land  granted  to  Timothy  Ruggles: 
allowance  to,  for  services,     .....  555 

report  of,       .......         ,  555 

to  appraise  Province  Lands  in   Hampshire  and 

Berkshire  Counties,  allowance  to,       .         .  589 
to  ascertain  boundary  of  land  purchased  by  John 
Er\'ing: 
appointment  of,    ......         .  645 

to  ascertain  the  quantity  of  land  in  the  grant,    .  655 
to  ascertain  certain  lands  belonging  to  this  Prov- 
ince, appointment  of,  ....  739 

to  bring  in  a  bill  relative  to  securing  the  lands 
belonging    to    the    Stockbridge    Indians, 
appointment  of,  ,         ....    70 

to  build  lighthouse  on  Thatchers  Island: 

appointment  of, 517 

to  build  lighthouse,  Plymouth  Harbor: 
allowance  to,  .......  515 

appointment  of, 311 

directions  to, 320 

to  burn  government  securities: 
appointment  of,    .         .         .       135,  257,  366,  37S,  740 
report  of.       .         .  50,  151,  264,  459,  496,  576,  744 

to  consider  a  reward  for  the  soldiers  since  the 

first  reduction  of  Louisburg,  allowance  to,    43 
to  consider  petitions  of  certain  persons  relative  to 
lands    lost    by    boundary    line    between 
Province  of  Massachusetts  Bay  and  New 
Hampshire,  report  of,  ....    43 

to  countersign  the  treasurer's  notes,  appointment 

of 531,  730 

to  employ  missionaries  for  the  Eastern  parts  of 

this  Province,  account  of,  .         .         .         .  760 
to  engage  a  keeper  for  lighthouse  near  Plymouth 

Harbor,  appointment  of,    .         .         .         .  350 


Ikbex. 


859 


COMMITTEE  —  continued. 
to  estimate  value  of  a  certain  amount  of  land 
granted  to  Rev.  George  Throop,  appoint- 
ment of 

to    examine    boundary   of    township   granted   to 
John    Murray    and   others,   appointment 

of, 

to  examine  muster-rolls,  allowance  to,    . 
to  examine  titles  to  lands: 
in  Worcester  County,  appointment  of, 
on  Taconic  Mountain: 

appointment  of, 

report  of, 

to  inquire  relative  to  the  riots  in  Boston,  allow- 
ance to,  for  expenses,  .... 

to  judge  of  the  security  of  the  bond  for  Province 
Treasurer,  appointment  of,     91,  178,  294,  ■■ 
491,  582,  673, 
to  meet  committees  from  other  colonies  for  con- 
ference, allowance  to,  .... 

to  purchase  Thatchers  Island,  appointment  of, 
to  rebuild  Harvard  College,  allowance  to,      .     33, 
to  repair  beach  at  Plymouth,  report  of, 
to  report  on  certain  lands  East  of  Saco  River,  ap- 
pointment of,       .....         . 

to  run  the  Old  Colony  Line  from  Accord  Pond  to 
Angle  Tree: 

appointment  of, 

report  of,  referred 

to  see  to  the  building  of  magazines  for  powder, 

appointment  of, 

to  sell  a  certain  farm  in  Waltham: 

appointment  of, 

report  of, 

to  sell  a  certain  island  in  Connecticut  River: 

appointment  of, 

report  of, 

to  sell  certain   Province  land  on   North  side  of 
Princeton,  appointment  of,         .         .         . 
to  sell  Manufactory  House: 

appointment  of, lOi, 

to  suspend  sale, 

to  sell  materials  of  the  old  powder-house  in  Bos- 
ton, appointment  of,  .         .         .         .    628, 

to  sell  Province  lands  on  Deerfield  River: 
appointment  of,    ......         . 

impowered  to  execute  a  deed  to  William  Denny, 
to  survey  Province  lands  in  Hampshire  and  Berk- 
shire Counties,  appointment  of, 
to  take  care  of  lighthouse: 

on  Thatchers  Island,  appointment  of, 
Plymouth  Harbor,  appointment  of,    . 
to  take  the  securities  for  the  payment  of  land  sold 
to   Benjamin   Goodrich  and  others,   ap- 
pointment of,       .....         . 

to  view  Barnstable  County,  account  of,  allowed,  . 
to  view  bridge  in  Westfield,  allowance  to, 
to  viev!  Ipswich  River,  account  allowed, 
COMPLAINTS. 
Thomas  Hart  impwwered  to  enter, 
John  Merrett  impowered  to  enter, 
Charles  Robinson  impowered  to  file, 
CONCORD,  Town  of. 
constable  in,  discharged  of  debts  due  the  Prov- 

jail  in,  collector  of  taxes  liberated  from, 
CONGRESS. 
at  New  York: 

allowance  to  committee  at, 

allowance  to  John  Cotton  as  clerk  at,  . 


CONNECTICITT. 

boundary  between  Province  of  Massachusetts 
Bay  and,      .         .         .         -         .         ■         ■  * 

secession  of  certain  towns  in  Province  of  Massachu- 
setts Bay  to,  relative  to,     .         .         .         .J 
CONNECTICUT  RIVER. 

certain  island  in,  relative  to  sale  of,        .         .    4S1,^ 

proceeds  from  sale  of  island  in,  to  be  used  for  the 

maintenance  of  bridges I 

CONSTABLES. 

in  Concord,  discharged  of  debts  due  the  Province,  I 

in  Dighton,  directions  to,  relative  to  collecting  the 
taxes,  .         .         .         .         .         .         ■  •■ 

in  District  of  Egremont  impowered  to  collect 
taxes,  .         .         .         .         .         ■  ^ 

in  District  of  Oakham,  impowered  to  collect  the 
taxes, 

in  Shutesbury,  impowered  to  complete  the  col- 
lection of  taxes,  .         .         .         .         .         .  1 

in  Uxbridge.  allowance  to,  on  account  of  tax  as- 
sessed on  certain  Quakers,  .         .         .  ( 
CONSTRUCTION  {see  Resolve,  Vote  or  Order). 

of  an  act  for  dividing  the  District  of  South  Brim- 
field  into  two  separate  parishes,  relative 
to,        . 237,  ( 

of  an  act  incorporating  Cape  Elizabeth  into  a 
district, ^ 

of  an  order  exempting  certain  persons  of  Newbury 
from  paying  taxes  in  the  First  and  Third 


of  an  order  in  regard  to  the  proceedings  of  a  town- 
meeting  in  Bellingham,       .... 
of  a  resolve  in  regard  to  taxes  in  Dighton,     .         .  ( 
of  a  resolve  relative   to   parishes  in   Falmouth, 
Cumberland  County,  .... 

CONVERSION  OF  REAL  ESTATE. 
into  money  {see  Executors  or  Adnunistrators  and 
Guardians). 
CONWAY,  District  of. 

assessment  of  taxes  in, J 

Province  Laws,  books  of,  allowed  to,      .         .         .  * 
162  Province  tax  in,  certain  sum  to  be  added  to,     364,  ^ 

COUNCILLORS. 

list  of,  3,  111,  223,  329,  371,  463,  527,  615,  705,  ; 

COUNTERFEITING. 
allowance  for  the  apprehensionof  offenders  for,  362,  5 

COUNTIES. 

Barnstable: 
collector  of  excise  for,  chosen,       .... 

committee  to  view,  account  of,  allowed,  .  I 

inferior  court  and  court  of  general  sessions  in, 

adjournment  of,  .  69,  403,  539,  I 

superior  court  of  judicature,  etc.,  in,  adjourn- 
ment of,       .         .         .         .         .         .         .  ' 

treasurer  of,  account  allowed,     9,  124,  231,  367,  3 
469,  553,  630,  710,  ! 
Berkshire : 
■collector  of  excise  for,  chosen,       .... 

inferior  court  and  court  of  general  sessions  in, 

adjournment  of,  ...       99,  687,  ! 

justices  of  court  of  general  sessions  in,  impowered 
to  grant  a  license,        ....    176,  i 

justices  of  inferior  court  in,  impowered  to  re- 
commit case  to  referees,  .         .         .  ' 
Province    lands   in,    and    Hampshire    County, 

committee  to  survey, 
Townsiiip  Number  Four  (Becket)  in: 

taxes  in,  relative  to,  . 
treasurer  of,  account  allowed,       .         .     122,  652, 


860 


Index. 


COUNTIES  —  continued. 
Bristol: 

collector  of  excise  for,  chosen,       .         .         .         .93 

inferior  court  and  court  of  general  sessions  in, 

adjournment  of.  .   68,  94,  175.  282,  452,  711 

judge  of  probate  for,  authorized  relative  to  the 

distribution  of  an  estate,     ....  142 

judge  of  probate  for,  to  consider  the  estates  of 

George  Pitts  and  Elizabeth  Pitts  as  one,  .  777 

justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license 101,298 

j  ustices  of  court  of  general  sessions  in,  impowered 

to  receive  an  appeal,  etc.,   ....  269 

Notaries  Public  for,   chosen,      93,  180,  296,  444,  492, 
585,  675,  750 

treasurer  of,  account  allowed,    51,  305,  395,  478,  583, 

743 

under-sheriff  of,  allowance  to,  for  services,  .  212 

Cumberland: 

collector  of  excise  for,  chosen,       .         .  .93 

judge  of  probate  for,  impowered  to  grant  letters 
of  administration,  de  bonis  non,  on  an 
estate, 809 

justices  of  inferior  court  in,  impowered  to  cor- 
rect a  mistake  in  the  record  of  a  judg- 
ment,   421 

justices  of  inferior  court  in,  impowered  to  re- 
open an  award,    ......  700 

justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  affirm  a  former  judgment,  .  338 

justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  hear  and  try  cause,      .    117,  145 

justices  of  superior  court  of  judicature,  etc.,  in, 
impowered  to  re-commit  report  of  referees 
relative  to  a  certain  action,         .  .  207 

treasurer  of,  account  allowed,    168,  469,  553,  632,  727 
Cumberland  and  Lincoln  Counties: 

justices  of  superior  court  of  judicature,  etc.,  for, 

impowered  to  re-consider  a  judgment,       .  549 
Dukes  County: 

collector  of  excise  for,  chosen,       .         .  .93 

Edgartown.  Notary  Public  for,  chosen,      93,  ISO,  296 

treasurer  of,  account  allowed,  190,  486,  631,  812 

Essex: 

collector  of  excise  for,  chosen,       .  .         .93 

expense  of  committee  on  bridge  in  Danvers  to 

be  added  to  taxes  in,  .         .         .         .         .  315 

Thomas  Hart  impowered  to  enter  complaint  at 

superior  court  in,         ....         .  184 

j  ustices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license,        .         .         .     166,  203,  656 

justices  of  court  of  general  sessions  in,  impowered 
to  revise  the  assessment  upon  Boxford,  for 
a  highway, 94 

justices  of  inferior  court  in,  impowered  to  hear 

the  cause, 105 

justices  of  inferior  court  in,  impowered  to  receive 

the  award  of  referees,  ....  358 

justices  of  sui>erior  court  of  judicature,  etc.,  in, 

authorized  to  affirm  a  judgment,        .         .  115 

superior  court  of  judicature,  etc.,  in,  order  of, 

confirmed,  ......  159 

treasurer  of,  account  allowed,     10,  123,  337,  378,  471, 
553,  632,  724,  812 
Hampshire: 

collector  of  excise  for,  chosen,       .         .         .         .93 

deputy-sheriff  of: 
allowance    to,    for    apprehension    of    certain 

rioters,  .......  243 

allowance  to,  for  serWces,  ....  362 


COUNTIES  —  continued. 

Hampshire  —  continued. 

farmers  of  excise  in: 

William  Eastman,  appointment  of,  .         .    12 

inferior  court  and  court  of  general  sessions  in,  ad- 
journment of,       .  .     175, 277, 744 
justices  of  court  of  general  sessions  in,  impowered 
to  determine  questions  relative  to  laj-ing 
out  a  certain  road  in  District  of  Palmer,   ,  241 
justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license,         .....  409 
justices  of  inferior  court  in,  impowered  to  hear 

and  determine  case,     .          .         .          .         .98 
justices  of  superior  court  of  judicature,  etc.,  in, 
impowered  to  receive  John  Merritt's  com- 
plaint,   192 

Province  lands  in  Berkshire  and,  committee  to 

survey, 419 

superior  court  of  judicature,  etc.,  in,  adjourn- 
ment of, 575 

treasurer  of,  account  allowed 727 

Hampshire  and  Berkshire  Counties: 
justices  of  superior  court  of  judicature,  etc.,  for, 

impowered  to  try  action,     ....  757 

Lincoln: 
collector  of  excise  for,  chosen,       .         .         .         .93 

farmers  of  excise  in: 

Col.  Charles  Gushing,  appointment  of,    .         .68 
new  plantations    in,    notifications   of    meetings 

in,  to  choose  officers,  .....  792 

Notary  Pubhc  for,  chosen,    93,  ISO,  296,  445,  492,  585, 
675,  750 
treasurer  of,  account  allowed,      101,  367,  477,  607,  735 
Middlesex: 
collector  of  excise  for,  chosen,  .         .         .93 

inferior  court  and  court  of  general  sessions  in,  ad- 
journment of,       .....         .  163 

judge  of  probate  for,  impowered  to  allow  more 
time  to  commissioners  for  receiving  claims 
against  an  insolvent  estate,         .         .         .  237 
judge  of  probate  for.  impowered  to  assign  cer- 
tain part  of  an  estate   to   Amasa  Cran- 
ston,    ........  495 

justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license,        ....    199,  585 

superior  court  of  judicature,  etc.,  in,  date  of 

session  of,  advanced,  .....  699 

treasurer  of,  account  allowed,    37,  138,  250,  366,  393, 
477,  561,  640,  724 
Nantucket: 
collector  of  excise  for,  chosen,       .         .         .         .93 

Plymouth: 

collector  of  excise  for,  chosen 93 

guardians  of  Indians  in: 
account  of,  allowed,  .         .         .42,  77,  229,  301  bis 
to  assist  in  sale  of  land,     .         .         .     337,  415,  577 
to  re-imburse    the    purchasers   for  deficit  in 

land, 306 

inferior  court  and  court  of  general  sessions  in, 

adjournment  of, 639 

justices  of  inferior  court  in,  impowered  to  re- 
consider a  judgment,  ....  349 
justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  receive  an  appeal,  .  283 

lands  in,  mortgaged  to  the  Province,  relative  to,  95, 
212,  320 
sale  of  land  belonging  to  an  Indian  woman  in, 

relative  to. 272 

treasurer  of,  account  allowed,     9,  124,  227,  337,  377, 
467,  554,  629,  714,  812 


Index. 


8G1 


allowance  to,    .    42 

76,  166.  272,281,  754 
powered  to  admit 

.  250 
iipowered  to  hear 


COUNTIES  —  continued. 
Suffolk: 

collector  of  excise  for,  chosen 

committee  for  farming  excise 

justices  of  court  of  general 
to  grant  a  license, 

justices  of  inferior  court  in, 
pleas  of  Samuel  Whit' 

justices  of  inferior  court  in 

and  try  action, 40 

justices  of  superior  court  of  judicature,  etc.,  in, 
impowered  to  admit  an  appeal  from  a 
judgment, 438 

justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  hear  a  cause  in  chancery,     .  535 

justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  hear  and  try  action,   74,  679,  788 

justices  of  superior  court  of  judicature,  etc.,  in, 
impowered  to  recommit  report  made  by 
referees  in  a  certain  action,         .  .  217 

treasurer  of,  account  allowed,    37,  126,  251,  366,  394, 
470,561,641,725 
Worcester: 

certain  towns  in: 
Province  tax  taken  from  Ashburnham  to  be 

added  to  Province  tax  in,  .  .  271 

Province  tax  taken  from  W'inchendon  to  be 
added  to  Province  tax  in,  .  .  236 

clerk  of  inferior  court  in,  to  deliver  a  note  of 

hand  to  Janiea  Lovet,  ....  166 

collector  of  excise  for,  chosen,       .         .         .         .93 

court  of  general  sessions  in,  impowered  to  ap- 
point a  jury  to  estimate  land  damages  in 
favor  of  Bela  Lincoln,  ....  455 

deputy-sheriff    of,    allowance    to,    for   securing 

deserters,      . 311 

inferior  court  and  court  of  general  sessions  in, 

adjournment  of,  ....     53,  148 

judge  of  probate  for,  directed  relative  to  the 
readjustment  of  the  dower  of  Rachel 
Thayer, 34 

judge  of  probate  for,  directed  to  allow  more 
time  to  creditors  for  entering  claims  against 
an  insolvent  estate,     ....    303,  467 

judge  of  probate  for,  impowered  relative  to  the 
widow's  part  of  the  estate  of  Daniel 
Beale, 120 


judge  of  probate  for,  impowered  to  settle  the 
real  estate  of  Amos  Thomas  upon  the 
eldest  son,    .......    63 

justices  of  inferior  court  in,  impowered  to  hear 

and  try  an  action,       .....  314 

Register  of  Deeds  to  be  chosen  for,     .         .         .127 

superior  court  of  judicature,  etc.,  in,  adjourn- 
ment o^ 575 

title  to  lands  in,  committee  to  examine,  .  300 

treasurer  of,  account  allowed,     8,119,227,347,393, 
554,  566,  633,  722 
York: 

collector  of  excise  for,  chosen,       .  .         .93 

j  ustices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license, 471 

justices  of  superior  court  of  judicature,  etc., 
in,  impowered  to  hear  and  determine 
cause, 89 

superior  court  of  judicature,  etc.,  in,  adjourn- 
ment of, 375 

towns  in,  impowered  to  choose  a  County  Treas- 
urer  10 

treasurer  of,  account  allowed,    148,  475,  607,  710,  815 


COUNTY  TREASURERS. 

Barnstable,  account  allowed. 


Berkshire,  account  allowed, 
Bristol,  account  allowed, 


9,  124,  231,  367,  378,  4 

553,  630,  710, 

.     122,  652, 

51,  305,  395,  478,  583, 


County  of  Dukes  County,  account  allowed,    190,  486, 


Cumberland,  account  allowed,       168,  469,  553,  632, 
Essex,  account  allowed,    10,  123,  337,  378,  471,  553.  f 


Hampshire,  account  allowed 
Lincoln,  account  allowed, 
Middlesex,  account  allowed, 

Plymouth,  account  allowed, 

Suffolk,   account   allowed, 

Worcester,  account  allowed, 


101,367,477,  607. 

37,  138,  250,  366.  393,  4 

561,  640, 

9,  124,  227,  337,  377,  4 

554,  629,  714, 

37,  126,251,  366,  304,'^ 

561,  641, 

8,  119,227,347,  393,  S 

566,  633, 


148.  475,  607,  710,  815 


York: 
account  allowed,   . 

to  be  chosen, 

COURT  HOUSE. 

repairs  at,  committee  on,         .         ,         .         .         .  ( 
COURTS. 

for  Cumberland  and  Lincoln  Counties: 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  re-consider  a  judgment,  .         .  I 
for  Hampaliire  and  Berkshire  Counties: 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  try  action,         .         .         ,         .  ', 
in  Barnstable  County: 

inferior  court  and  court  of  general  sessions,  ad- 
journment of,       .  69,  403.  539,  t 

superior  court  of  j  udicature,  etc.,  adjournment  of,  I 
in  Berkshire  County: 

inferior  court  and  court  of  general  sessions,  ad- 
journment of,      .         .         .         .       99,  687.  : 

justices  of  court  of  general  sessions  impowered  to 
grant  a  license, 176,  i 

justices  of  inferior  court,  impowered  to  recommit 

case  to  referees, ( 

in  Bristol  County: 

inferior  court  and  court  of  general  sessions,  ad- 
journment of,      .         .   68,  94,  175,  282,  452,  7 
•     justices  of  court  of  general  sessions,  impowered 
to  grant  a  license,        .         .         .         .101,2 

justices  of  court  of  general  sessions,  impowered 
to  receive  an  appeal,  etc.,  .         .         .         .2 
in  Cumberland  County: 

justices  of  inferior  court,  impowered  to  correct  a 
mistake  in  the  record  of  a  judgment,         .  4 

justices  of  inferior  court,  impowered  to  re-open 
an  award 7 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  affirm  a  former  judgment,        .  3 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  hear  and  try  cause,  .    117,  I 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  re-commit  report  of  referees 
relative  to  a  certain  action,         .         .         .2 
in  Essex  County: 

Thomas  Hart  impowered  to  enter  complaint  at 
superior,  .         ,  .  1 

justices  of  court  of  general  sessions,  impowered 
to  grant  a  license,         .  .      166,  203,  6 

justices  of  court  of  general  sessions,  impowered 
to  revise  the  assessment  upon  Boxford, 
lor  a  highway,  


S62 


Index. 


COUETS  —  continued. 
in  Essex  County  —  continued. 

justices  of  inferior  court,  impowered  to  hear  the 

cause,  ........  105 

justices  of  inferior  court,  impowered  to  receive 

the  award  of  referees,  ....  358 

justices  of  superior  court  of  judicature,   etc., 

authorized  to  affirm  a  judgment,  .  115 

superior  court  of  judicature,  etc.,  order  of,  con- 
firmed,   159 

in  Hampshire  County: 

inferior  court  and  court  of  general  sessions,  ad- 
journment of,      .  .     175,  277,  744 

justices  of  court  of  general  sessions,  impowered  to 
determine  questions  relative  to  laying  out 
a  certain  road  in  District  of  Palmer,  .         .  241 

justices  of  court  of  general  sessions,  impowered 

to  grant  a  license, 409 

justices  of  inferior  court,  impowered  to  hear  and 

determine  case,    .         .         .         .         -         .98 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  receive  John  Merritt's  com- 
plaint,   192 

superior  court  of  judicature,  etc.,  adjournment 

of 575 

in  Middlesex  County: 

inferior  court  and  court  of  general  sessions,  ad- 
journment of,      ......  163 

justices  of  court  of  general  sessions,  impowered 

to  grant  a  license,        ....    199,  585 

superior  court  of  judicature,  etc.,  date  of  session 

of,  advanced 699 

in  Nantucket,  superior,  allowance  to  clerk  of,  for 

ser^-ices,        .......  619 

in  Plymouth  County: 

inferior  court  and  court  of  general  sessions,  ad- 
journment of, 639 

justices  of  inferior  court,  impowered  to  recon- 
sider a  judgment,        349 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  receive  an  appeal,     .         .         .  283 
in  Suffolk  County: 

justices  of  court  of  general  sessions,  impowered 

to  grant  a  license.        .         76.  166,  272,  281,  754 

justices  of  inferior  court,  impowered  to  admit 

pleas  of  Samuel  White,        ....  250. 

justices  of  inferior  court,  impowered  to  hear  and 

try  action,   .......    40 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  admit  an  appeal  from  a  judg- 
ment, ........  438 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  hear  a  cause  in  chancery,         .  535 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  hear  and  try  action.        74,  679,  788 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  recommit  report  made  by 
referees  in  a  certain  action,         .         .         .  217 


COURTS  —  continued. 
in  Worcester  County: 

clerk  of  inferior  court,  to  deliver  a  note  of  hand 

to  James  Lovet,  ......  166 

court  of  general  sessions,  impowered  to  appoint 
a  jury  to  estimate  land  damages  in  favor 
of  Bela  Lincoln,  ......  455 

inferior  court  and  court  of  general  sessions,  ad- 
journment of,      ....         .      53,  148 

justices  of  inferior  court,  impowered  to  hear  and 

try  an  action,       ......  314 

superior  court  of  judicature,  etc.,  adjournment 

of 575 

in  York  County: 

justices  of  court  of  general  aessiona,  impowered 

to  grant  a  license,        .....  471 

justices  of  superior  court  of  judicature,  etc.,  im- 
powered to  hear  and  determine  cause,  89 

superior  court  of  judicature,  etc.,  adjournment 


of. 


375 


justices  of  superior  court  of  judicature,  etc.,  allow- 
ance to»    86,  181,  283,  388,  441,  497.  503,  57l 
668  bis,  669  bis,  780,  781  ter 
of  Admiralty,  forfeitures  in,    .         .         .         .         .    ( 
CRIMES. 


142,  266.  689 
362,  508.  541 


breaking  and  entering, 
counterfeiting, 


larceny 142,  266,  269,  689 

CROWN  POINT. 

pension   granted  to  Daniel   Druce,  w 


at, 


79,  448 


CROWN  POINT  EXPEDITION. 

soldier  wounded  in,  allowance  to,    ....  666 
CUMBERLAND  COUNTY. 

collector  of  excise  for: 

chosen, 93 

judge  of  probate  for,  impowered  to  grant  letters 

of  administration   de  bonis   non,   on  an 

estate, 809 

justices  of  inferior  court  in,  impowered  to  correct 

a  mistake  in  the  record  of  a  judgment.        .  421 
justices  of  inferior  court  in,  impowered  to  re-open 

an  award, 700 

justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  affirm  a  former  judgment.  338 
justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  hear  and  try  cause,      .    117,  145 
justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  re-commit  report  of  referees 

relative  to  a  certain  action,  .207 

treasurer  of,  account  allowed,      168,  469,  553,  632,  727 
CUMBERLAND  AND  LINCOLN  COUNTIES. 
justices  of  superior  court  of  judicature,  etc.,  for, 

impowered  to  re-consider  a  judgment,       .  549 
CUSHNOC  (storehouse  at). 
establishment  at, .36 


D. 


DAMAGES. 

for  laying  out  roads  in  District  of  Charlton,  limi- 
tation of  action  for,     .....  281 
sustained  by  laying  out  road  through  land  be- 
longing: 

to  John  Billing,  relative  to 651 

to  Bela  Lincoln,  to  be  estimated,         .         .         .  455 


DANVERS,  District  of. 
bridge  over  Waters  River  in: 
account  of  committee  on.  allowed,       .         .         .  315 
sum   allowed   committee   on,   to   be   added   to 

taxes  in  the  several  towns  in  Essex  County,  315 

certain  sum  to  be  laid  on, 459 

proceedings  at  town-meetings  in,  confirmed,  .  153 


Index. 


863 


DEBTS  {see  Province  Debts), 
and  legacies,  sale  of  land  to  pay,     ....  433 
due  the  Province,  relative  to,  .     209,  310,  729 

imprisonment  for,    .....       187  bis,  412 
sale  of  land  to  pay,    22,  23,  24,  30,  53,  54,  55,  56,  59. 
61  bis,  67,  70,  76,  77,  78,  80,  83,  116,  117  bis,  119, 
132,  143,  144,  154,  156,  159,  164  bis,  165,  170,  188, 
189,  204.  214  bis,  251,  265,  267,  274  bis,  275  bis, 
276,  278,  282,  297,  307.  310,  311,  314.  315,  321,  334, 
336,  337,  348,  354,  355,  357  bis,  358.  359.  365,  381, 
383,  384,  397  bis,  405  bis,  406,  410,  411,  413,  416, 
417,  419,  422,  423,  428,  431.  432  bis,  436  bis,  440, 
449.  474,  476.  478,  481,  484,  510.  512,  533,  543. 
554,  557  bis,  559,  560.  563  bis,  569.  577.  595,  606, 
620,  652,  657,  662,  667,  691.  695.  696,  699,  715, 
717,738,741,773,774,789 
DEEDS. 
confirmation  of,  of  land   to  Samuel  Brown,  jr., 

and  William  Goodrich,                 .         .         .592 
executed      by      Mary     Elliot,      guardian,     con- 
firmed,   804 

guardians  of  Puncapaug  Indians  impowered  to 
confirm  by  deed  certain  land  to  Enoch 

Lyon. 106 

power  to  execute,  granted,  12,  13,  14,  21  bis,  22  bis, 
23,  24  bis,  25,  27,  30,  34,  36.  52,  53,  54,  55  ter, 
59,  61  bis,  62,  67,  75,  76,  77,  78,  80,  81.  82,  83, 
84  bis,  100,  116,  117  bis,  119,  121,  126,  130,  131  bis, 
132  bis,  133  bis,  137,  143  bis,  144  bis,  149. 154,  155, 
156.  157,  162,  164  bis,  165.  169,  170  bis,  172,  174, 
178.  185,  187,  188  bis,  189  bis,  190,  191,  192, 
193  bis,  199,  202,  204  bis,  206  bis,  214  bis,  228,  229, 
233.  234,  241,  242,  245,  246,  248,  251.  254,  265,  267, 
268, 269.  271, 272,  273,  274  bis,  275  bis,  276,  278  bis, 
282,  286,  287  bis,  293,  297  bis,  298  bis,  299,  301, 
303.  304,  307  bis,  308,  310,  311,  312,  314,  315,  317, 
318.  319.  324,  334  bis,  336  bis,  337,  341,  342  bis, 
343,  348  bis,  351,  354,  355,  357  bis,  358,  359,  365, 
381,  383,  384,  385,  394,  397  bis,  405  bis,  406  bis, 
410  bis,  411,  412,  413,  414,  415,  416  bis.  417  bis, 
419,  422  bis,  423,  425,  426,  427.  428,  429,  431, 
432  bis,  433.  434.  435.  436  bis,  437,  438,  439,  449, 
456,  470,  474,  476,  479,  480,  481.  485,  486,  490, 
493.  494,  502,  505,  508.  509,  510  bis,  511,  512.  513, 
516,  518,  519,  522,  523,  533  bis,  540,  543  bis,  546. 
547,  548,  549.  550.  554.  556.  557  bis,  559  bis,  560, 
563.  567.  569.  576,  577.  586,  589,  590,  591,  593, 
595, 596,  602  bis,  606,  620,  621,  622.  623  bis,  624  bis, 
625,  626,  627  bis,  629,  634,  635  bis,  636,  638,  640, 
641,  644,  647,  650,  657,  658,  662,  665,  666,  667,  675, 
678  bis,  684,  685  bis,  686,  691  bis,  693,  694,  695, 
696.  698,  699,  710,  712  bis,  713,  715  bis,  717  bis, 
718,  730,  731,  732,  733  bis,  738,  739,  748,  754,  755, 
768,  771,  772  bis,  773  bis,  775,  785  bis,  787,  789, 


791,  792.  793, 
818 


;,  803  bis,  805,  816,  817, 
I  Stockbridge,  .      7 


power  to  execute,  to  Benja 
DEEBFIELD,  Town  of. 
Province  tax  in: 
certain  sum  to  be  added  to,          ....    25 
certain  sum   to   be   taken   from,  to  be  added 
to     Province    tax    in    District    of    Con- 
way.      364,  474 

certain  sum  to  be  taken  from,  and  added  to 

Province  tax  in  District  of  Shelburne,       .  474 
DEFAMATION. 


acti( 


L  for. 


643 


DIGHTON,  Town  of. 
ministerial  affairs  in,  relative  to,     . 
taxes  in,  Injunctioa  against  collecting, 


DISTRICTS. 

Amherst; 
meeting-houses  in,  appointment  of   committee 

relative  to,  .  .  .         .  * 

division  of,  into  two  parishes,  relative  to,  .    721.  S 
Cape  Elizabeth  (Cumberland  County): 
explanation  of  an  act  incorporating,    .  .  < 

petition  of  certain  inhabitants  annexed  to  First 

parish  in  Falmouth  to  be  set  back  to.        .  1 
stay  of  proceedings  in  consequence  of  a  resolve 
relative  to,  .         .         .         .         .         .         .  ■■ 

taxes  in.  relative  to, 1 

Charlton; 
roads  laid  out  in,  confirmed,        .         .         .         .  * 

Cohasset: 

Province  Laws,  books  of,  to  be  furnished  to,       .  ^ 
Conway: 
assessment  of  taxes  in,  .....  J 

certain   part  of  the   Province   tax  assessed  on 

Deerfield,  to  be  laid  upon,  .         .    364,  4 

Province  Laws,  books  of,  allowed  to,  .         .         .  i 
Dan  vers: 
bridge  over  Waters  River  in: 
account  of  committee  on,  allowed,    .  .  c 

sum  allowed  committee  on,  to  be  added  to 
taxes  in  the  several  towns  in  Essex  County,  c 
certain  sum  to  be  laid  on.    .         .         .         .         .  ^ 

proceedings  at  town-meetings  in,  confirmed,       .  1 
Douglas : 

Province  Laws,  books  of,  to  be  delivered  to,       .  c 
Egremont: 
allowance  to,  for  relief  given  to  Nobletown,        .  S 
taxes  in,  relative  to  the  collection  of,  .         .         .  S 
Hubbardston: 
proceedings  at  meetings  in,  confirmed,        .         .  £ 
Province  Laws,  books  of,  allowed  to,  .         .         .  £ 
Lenox: 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Richmont,     .  .  .         .         .  i 

Province  Laws,  books  of,  allowed.        .         .         .4 

Mansfield: 

Province  Laws,  books  of,  to  be  furnished  to,      .  4 
Natick: 
impeachment  of  proceedings  relative  to  collect- 
ing assessment  in,        .  .         .         .         .2 

New  Salem: 
assessors  in,  impowered  to  sell  lands  of  delin- 
quent proprietors,        .  .         .  .5 

boundary  between  new  grant  to,  and  Capt.  John 
Erving's  grant,  confirmed,  .         .         .6 

Northborough: 

Province  Laws,  books  of,  allowed  to,  . 
Northbridge: 

to  be  assessed  a  certain  amount,  .         .         .8 

Oakham: 
assessments  and  intended  sales  in,  relative  to,  2 
assessors  in,  impowered  to  complete  the  collec- 
tion of  taxes,        .         .         .         .  .  1 

constable  in,  for  the  year  1764,  impowered  to 

collect  taxes, 

taxes  in,  assessment  of, 1 

Palmer: 
certain  road  laid  out  in,  relative  to,     .  .2 

discharged  of  a  certain  amount  due  for  taxes,     .  2 
Princeton  {see  Princeton,  Town  of): 
Wachusett  Hill  in,  granted  to  Rev.  Timothy 

Fuller 2 

Shelburne: 
certain   part  of  the  Province  tax  assessed  on 
Deerfield,  to  be  laid  upon,  .         .4 


8G4 


Index. 


DISTRICTS  —  continued. 
Shelburne  —  continued. 
land    between,    and    Charlemont,    granted    to 

Timothy  Farley, ' 

Pro\ince  Laws,  hooka  of,  allowed  to,  .         .         .  ' 
South  Brimfield: 
East  parish  in,  certain  inhabitant  of,  with  his 

estate,  annexed  to  the  West  parish,    .         .  i 
meeting-house  in,  expense  relative  to  the  loca- 
tion of,  allowed, I 

relative  to  taxes  in, \ 

South  Hadley: 
discharged  of  a  certain  part  of  the   Province 


tax, 


,  certain  sum  to  be  added  to, 


Pro^-inc 
Stoughtonham: 
Province  Laws,  books  of,  allowed  to,  . 
taxes  in,  apportionment  of  Province,  . 
Ware: 

Province  Laws,  books  of,  to  be  furnished  to,       .  ^ 
Wellfieet: 
fine  remitted  to,  and  town  of  Eastham,      .         .  1 

Notary  Public  for,  chosen, * 

Province  Laws,  books  of,  to  be  delivered  to,       .  c 
Westminster: 

taxes  in,  assessment  of, i 

DONATION. 
of  Sir  Peter  Warren,  certain  sum  to  be  paid  from, 
for  support  of  Mohawk  Children,  16,  243,  2 
359,  376,  403,  489,  583,  677,  789 
DOORKEEPER. 
to  the  Governor  and  General  Court: 
allowance  to,    95,  197,  288,  389,  442,  473,  498,  579.  6 
725,1 
DORCHESTER,  Town  of. 
committee  of,  and  of  Stoughton  impowered  to  sell 

lands, I 

committee  of,  impowered  to  sell  certain  lands,      .  i 
DOUGLAS,  District  of. 

Province  Laws,  books  of,  to  be  delivered  to,  .  J 

DOWER,  RIGHT  OF. 
Jemima  Miles  to  sell  her,  in  an  estate,    .  .  I 

reversion  of,  to  widow  of  Humphrey  Bartlett,       .  ' 
to  Mary  Bacon,  formerly  widow  of  Reuben  Olds,  .  ' 

to  Margaret  Lamond, i 

to  Abigail  Pierce, ' 

to  Anna  Taylor  in  estate  of  Fitch  Pool,  .   629,  i 

to  widow  of  Benjamin  Allen,  jr.,     . 
to  widow  of  Capt.  William  Austin,  .         .         .  ! 

to  widow  of  Samuel  Bartlett, 


DOWER,  RIGHT  OY  ~  coniiniLed. 

to  widow  of  Moses  Brown, 625 

to  widow  of  Isaiah  Chaffee,     .....  634 

to  widow  of  John  Curtis,  jr., 414 

to  widow  of  George  Cutting,  now  Judith  Graves,  411 
to  widow  of  Dr.  Ebenezer  Dexter,  .         .         .  508 

to  widow  of  William  Drury,    .....  771 

to  widow  of  Joseph  Eaton 816 

to  widow  of  Daniel  Fairbanks,  ....  627 
to  widow  of  Joseph  Foster,  .....  470 
to  widow  of  David  French,     .....  602 

to  widow  of  Phineas  Gibbs 773 

to  widow  of  Isaac  Gleeson,  .....  410 
to  widow  of  Aaron  Goodrich,  ....  47G 
to  widow  of  Daniel  Gregory,  .....  550 
to  widow  of  Jacob  Hagget, 657 

*  to  widow  of  Capt.  James  Hall,        ....  567 
to  widow  of  Cyprian  Hinkley,         ....  789 

to  widow  of  Simeon  King 775 

to  widow  of  John  Munro, 432 

to  widow  of  Noah  Norcross,  .....  748 
to  widow  of  Henry  Payson,     .....  591 

to  widow  of  Oliver  Pratt 293 

to  widow  of  John  Putnam,  jr.  (of  Sutton),  .  .  431 
to  widow  of  Philip  Rich.  .         .   _     .         .         .635 

to  widow  of  Elkanah  Richmond,  ....  563 
to  widow  of  Asa  Robbins,        .....  4S4 

to  widow  of  William  Roberts 357 

to  widow  of  Nathaniel  Smith,         ....  638 

to  widow  of  Elisha  Smith, 63S 

to  widow  of  Jabez  Snow,  jr., 620 

to  mdow  of  Nathaniel  Swift,  .  *S2 

to  widow  of  Samuel  Thayer,  re-adjustment  of,  .  34 
to  \N-idow  of  Ephraim  Tinkham,      ....  792 

to  widow  of  William  Ware, 650 

to  widow  of  Isaac  Winchester,  ....  699 

widow  of  Samuel  Willson  to  sell  her,       .         .         .  351 

DUDLEY  INDIANS. 
guardians  of: 
account  of,  allowed,       .         .         .      324,  451,  5SS,  769 
appointment  of,    ......  -  743 

DtJKES  COUNTY,  COUNTY  OF. 
collector  of  excise  for,  chosen,  .  .         .03 

Edgartown,  Notary  Public  for,  chosen,  .  93,  ISO,  296 
treasurer  of,  account  allowed,  .      190,  486,  631,  812 

DUNSTABLE,  Town  of. 
fine  remitted  to, 815 

DUXBURY,  Town  of. 
fine  remitted  to 813 


E. 


EAST  HOOSAC,  Township  of. 
granted  to  John  Murray  and  others,  committee  to 

examine  boundary  line,       ....  649 

taxes  in,  assessment  of,    ......  818 

EASTHAM,  Town  of. 

and  District  of  Wellfieet,  fine  remitted  to,      .         .  762 
EASTON,  Town  of. 

relative  to  ministerial  lands  in,       ...         .  636 

EDGARTOWN,  Town  of. 
certain  pond  and  beach  at,  expenses  of  committee 

on,  allowed,  ......  681 

Notary  Public  for,  chosen,    93,  180,  296,  444,  492.  585, 
675,  750 
EDUCATION. 
allowance  for,  etc.,  of  Indian  children  of  the  Six  Na- 
tions,   16,  243.  273,  359,  376,  403,  489,  583,  677,  789 


EGREMONT,  District  of. 
allowance  to,  for  relief  given  to  Nobletown,  . 
taxes  in,  relative  to  the  collection  of, 
EJECTMENT. 
action  of: 
against  Seth  Adams,  administrator, on  a  mortgagt 
against  Ebenezer  Ayer  and  others,  ) 

against  Elisha  Barrow  and  Samuel  Haskell,  jr. 

relative  to, 

against  Joshua  Farnham,      .... 
against  persons  illegally  occupying  Province  land 
stay  of  proceedings  in,     ....         . 
ENLISTMENT. 
of   men   by  Capt.   William  Thayer,   expense  o: 

account  of  suit,  relative  to,  allowed,  . 
of  soldiers,  bounty  for 


Index. 


865 


ENTERTAINMENT. 

of   the    Council   and   House  of   Representatives, 

account  of,  allowed, 

EQX7IVALENT  LANDS. 
confirmation  of: 
to  Capt.  Henry  Young  Brown,    .         .         .    202, ! 
to  Samuel  Brown,  .  '. 

to  William  Bullock  and  others  for  a  township,  i 
to  Story  Daws  and  Peter  Roberts, 

to  Samuel  Dexter, i 

to  Francis  Fullam, I 

to  Capt.  Joshua  Fuller  and  others  for  a  town- 
ship,      593,1 

to  heira  of  Rev.  Thomas  Cobbet,         .         .         .  '. 

to  heirs  of  Edward  Park, ! 

to  heirs  of  Elizabeth  Rand,  .         .         .        .  i 

to  Caleb  Holden  and  others,        .  .         .  ' 

to  Ephraim  Keys, 64, 1 

to  legal  representatives  and  heirs  of  company 

under  Capt.  William  Raymond  .  ; 

to  legal   representatives  and   heirs  of  William 

Tailer, 

to  Samuel  Livermore  and  others,  .         .  i 

to  James  Otis  and  others  for  a  township,    .         .  i 

to  Benjamin  Prescott, '• 

to  James  Prescott  and  others,      .         .         .        .  I 

to  proprietors  of  Bakerstown 

to  proprietors  of  Bernardston,      .... 
to  proprietors  of  Groton,                                         .  i 
to  proprietors  of   Rowley-Canada  for  a  town- 
ship,      

to  Uxbridge, < 

to  Hezekiah  Ward  and  others,  relative  to,  .    233, ' 

to  Samuel  Watts  and  others '< 

to  Joseph  Weld  and  others,  .         .        .         .  ] 

to  Aaron  Willard  and  others,        .         .         .         .  1 
to  Josiah  Wolcot  and  others,         .         .        .         .  1 

to  Edward  Woodman, t 

to  Ross  Wyman  and  Hezekiah  Wyman,      .         .  i 
grant  of: 

to  John  Borghardt, 'i 

to  Capt.  Henry  Young  Brown,    .         .         .    140,  4 

to  Samuel  Brown S 

to  William  Bullock  and  others  for  a  township,  I 
to  Story  Daws  and  Peter  Roberts, 

to  John  Dennis, t 

to  Joseph  Frye,     .         .         .         .  .         .  f 

to  Francis  Fullam, 6 

to  Capt.  Joshua  Fuller  and  others  for  a  township,  5 
to  Ebenezer  Hartshorn,  relative  to,     .     323,  700,  7 
to  heirs  of  Rev.  Thomas  Cobbet, 
to  heirs  of  Capt.  John  Lovewell  and  associates 

for  a  township, 7 

to  heirs  of  Benjamin  Prescott  (of  Groton),  .         .  4 

to  John  Hill, 6 

to  Caleb  Holden  and  others,        .         .         .         .7 

to  Joseph  Josselyn, 7 

to  legal  representatives  and  heirs  of  company 

under  Capt.  William  Raymond, 
to  legal  representatives  of  William  Tailer,  . 
to  Samuel  Livermore  and  others  for  a  township,  5 
to  James  Otis  and  others  for  a  township,     .         .  5 

to  Benjamin  Prescott, 5 

to  proprietors  of  Bakerstown,  .... 
to  proprietors  of  Bernardston,  .... 
to  proprietors  of  Colraln,      .         .         .         .     44,  5 

to  proprietors  of  Groton 5 

to  proprietors  of  Pennacook  for  a  township,       .  7 
to  proprietors  of  Rowley-Canada  for  a  township, 
relative  to, 47,  239,  4 


EQUIVALENT  LANDS  —  continued, 
grant  of  —  continued. 
to  proprietors  of  Sylvester-Canada  for  a  town- 
ship  48,  129,  356 

to  proprietors  of  Townsend, 
to  Mrs.  Elizabeth  Rand, 
to  Uxbridge, 

to  Hezekiah  Ward  and  others, 
to  Samuel  Watts  and  others, 
to  Joseph  Weld  and  others, 
to  Samuel  Whittemore  and  others, 
to  Aaron  Willard  and  others, 
to  Peleg  Wiswall,  . 
to  Edward  Woodman,  . 
to   Ross   Wyman  and  Hezekiah  Wyman,  .         .  689 
ESSEX  COUNTY. 
collector  of  excise  for,  chosen,  .93 

expense  of  committee  on  bridge  in  Danvers  to  be 

added  to  taxes  in,        ....         .  315 
Thomas  Hart  impowered  to  enter  a  complaint  at 

superior  court  in,         ....         ,  1S4 
justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license,  .     166,  203,  656 

justices  of  court  of  general  sessions  in,  impowered 
to  revise  the  assessment  upon  Boxford,  for 

a  liighway, 94 

justices  of  inferior  court  in,  impowered  to  hear  the 

cause,  ........  105 

justices  of  inferior  court  in,  impowered  to  receive 

the  award  of  referees,  ....  358 

justices  of  superior  court  of  judicature,  etc.,  in, 

authorized  to  affirm  a  judgnient,                .115 
superior  court  of  judicature,  etc.,  in,  order  of,  con- 
firmed,          159 

treasurer  of,  account  allowed,     10,  123,  337,  378,  471, 
553,  632,  724,  812 
ESSEX  GAZETTE  (see  Newspapers), 
publication  in: 
of  a  meeting  in  Pennacook  relative  to  the  rights 
of  persons  in  the  new  township  on  Andros- 
coggin River, 747 

ESTABLISHMENT. 
at  Castle  William,  relative  to,     36,  128,  262,  363,  375, 

482 

at  Fort  Halifax, 36 

at  Fort  Pownall  at  Penobscot,  relative  to,    36,  128,  300, 
363,  375,  482,  569,  621,  723,  802 

at  storehouse  at  Cushnoc, 36 

of  pay  of  armorer  at  Fort  Pownall,                  .         .  146 
of  sloop  Massachusetts  to  be  discontinued,     .         .  175 
of  wages  of  additional  men  at  Castle  William,     .  140 
ESTATES. 
administration  upon,  by  wife  in  absence  of  hus- 
band,    776 

in  Medfield,  Phillips  Payson  impowered  to  sell,    .  803 
list  of    ratable,  in  the  following  places  to  be  re- 
turned to  the  General  Court: 
District  of  Cape  Elizabeth  (Cumberland  County),  152 
Falmouth  (Cumberland  County),        .         .         .152 

of  Esther  Adams, 234 

of  Moses  Adams,       .......  273 

of  Benjamin  Allen,  jr 478 

of  Nathaniel  Ames, 170 


of  Samuel  Aspinwall, 

of  Thomas  Austin,  . 

of  Nathaniel  Badger, 

of  Thomas  Ball, 

of  Timothy  Ballard,  jr.,  . 

of  George  Barnard, 

of  Humphrey  Bartlett,    . 


.  543 
,  518 


866 


Index, 


ESTATES  —  continued. 
ry  Bartlett,      . 

■  Preserved  Bartlett, 
^  Samuel  Bartlett, 

■  Daniel  Beale, 
Quel  Beard, 

f  Cornelius  Bennett, 
'.  David  Bennett,  . 
'.  Moses  Bennett,    . 
i  Ebenezer  Billings, 
i  Jonathan  Bird,     . 
:  Benjamin  Blackstone, 
:  William  Blin, 
'  Isaac  Brown, 
f  Thomas  Brown,  . 
'  William  Brown,   . 
les  Bryant, 

■  Peleg  Bryant, 
ames  Buffum,     . 

Nathan  Burnam, 
i  John  Burnet, 
:  William  Burridge, 
'  Stephen  Burton, 
'.  Isaiah  Chaffee,     . 

Rebecca  Chapman, 
'  Ephraim  Cheney, 

■  Seth  Chipman,    . 
"  Daniel  Choate,     . 
'  Ruth  Cozzens  (a  minor), 
'  Nathaniel  Cunningham, 

George  Cutting,  . 
:  Richard  Cutting, 
'  Ephraim  Da\-ia,  . 
E  Jonas  Davia, 

■  William  Davia,     . 
Dr.  Ebenezer  Dexter, 

■  William  Drury.    . 
F  William  Durfee,  . 

iiuel  Dutch,  . 
[  Josiah  Dwight,  . 
I  Timothy  Dwight, 

David  Earle, 
[  Joseph  Eaton, 
E  Jacob  Eliot, 
E  Jane  Eustis, 
:  Benjamin  Everenden, 
E  James  Evers, 
;  Daniel  Fairbanks, 
E  Jonaa  Fairbanks, 

Aaron  Farnsworth, 

Aaron  Felt, 
E  John  Fillebrown, 
;  Stephen  Fish, 
i  Joseph  Fitch, 
:  Eleazer  Flagg,  jr., 

Abner  Fobea, 

James  Foster, 
i  Joseph  Foater, 
E  John  Fowler, 
[  Abel  Fox,     . 

■  Nathan  Freeman, 
:  Benjamin  French, 

■  David  French,     . 
E  Independence  French, 
'  Ephraim  Fuller,  . 
:  Moses  Fuller, 
:  Ezra  Gleason, 
'.  Isaac  Gleeson, 
:  Benjamin  Glover, 

Aaron  Goodrich, 


ESTATES  —  continued. 

;  Henrj'"  Goold,  

'  Elisha  Gunn 

E  Jacob  Hagget,  

E  Southward  Hamblen,  .... 
E  Thomas  Hartshorn, 

■  Daniel  Haywood,  ..... 
[  Jonathan  Hearsey,  ..... 
E  Abraham  Hedge,  ..... 
E  Cyprian  Hinkley, 

■  Ephraim  Hodges 

E  Josiah  How, 

f  John  Howland, 

[  Robert  Ho.vt 

:  Ruth  Hunn 

liam  Huse, 

'.  Elijah  Hutchinson, 

f  James  IngersoU, 

:  Samuel  Jenne, 

?  Caleb  Johnson, 

-  Ebenezer  Johnson, 

■  Capt.  Eleazer  Johnson 

;  Isaac  Johnson,  

E  Josiah  Jones 

;  Mary  Jones, 

E  John  Kellogg, 

E  John  Kemball, 

E  Simeon  King, 

E  Col.  Joshua  Lamb,  ..... 
E  Archibald  Lamond,      ..... 

■  Peter  Lawrence  (Indian),    .... 

■  Elkanah  Leonard, 

:  Glode  Longon, 

:  Stephen  Look, 

Roland  Luce,       .         .         .         . 

f  Jabez  Macey,  jr., 

f  Joseph  Mansfield,         ...... 

■  Isaac  Marick,  

■  Samuel  and  John  Marshall,         ... 

F  Joseph  Maynard,  jr., 

E  Tilley  Merrick, 

;  Henry  Merrow,    ...... 

[  Joseph  Metcalf, 

E  Joseph  Miles, 342 

:  Mary  Millard  (a  minor),      .... 

F  Jonathan  Moors, 

F  John  Morey, 

'.  Moses  Morgan, 

FJohnMunro. 

F  Joshua  Nichols, 

■  Noah  Norcross 

Reuben  Olds, 

E  John  Osborne, 

■  William  Parsons, 

"  Zebulon  Parsons,  ...... 

F  James  Patterson,  ...... 

f  Joseph  Stevens  Pearse  (a  minor), 
:  George  Pitta  and  Elizabeth  Pitts, 

;  Capt.  Elisha  Pomroy, 

E  Capt.  John  Pomroy,    ...... 

/er  Pratt, 

:  Benjamin  Putnam, 

Daniel  Putnam, 

F  John  Putnam,  jr 

:  Edmund  Quincy,  3d, 

;  Caleb  Rand, 

^  William  Rand,  jr 

E  Samuel  Reed, 712 

:  Amos  Rice, 

:  Philip  Rich 


Index. 


867 


ESTATES  —  continued, 
of  Joseph  Rider,       .         .  ....  19.3 

of  Samuel  Rider 119 

of  Elizabeth  Ridgway, 156 

of  .John  Ridgway, 131 

of  .Asa  Robbins, 484 

of  Chambers  Russell, 427 

of  Elialcim  Sacket, 133,  278 

of  Reynolds  Seager 623 

of  Samuel  Shaw 511 

of  Jonathan  Shead, 214 

of  Nathaniel  Sheaffe, 733 

of  Jeremiah  Shumeway, 685 

of  John  Simpson, 768 

of  Jabez  Snow,  jr 620 

of  Thomas  Soden, 543 

of  Nathaniel  Southworth, 15 

of  Jeremiah  Spaulding 557 

of  Capt.  Richard  Stanny 53 

of  Benjamin  Stearns 512 

of  Job  Stetson, 206 

of  Jacob  Stevens, 189 

of  John  Stockwell 275 

of  Richard  Stratton 548 

of  Nathaniel  Swift, 312 

of  Aaron  Taft 22 

of  Gideon  Taft 165 

of  Samuel  Thaxter, B03 

of  Edward  Thompson 623 

of  Ephraim  Tinkham, 792 

of  Sylvanus  Tobey, 38 1 

of  Samuel  Tobumso  (Indian) 318 

of  Joseph  Trumble  (a  minor),  .         .         .         .577 

of  Zeruiah  and  Elizabeth  Tupper,  .  .132 

of  Miriam  Tyler 308 

of  Isaac  Walker 214,627 

of  Dr.  William  Ware 116 

of  .\aron  Warner, 268 

of  Philemon  Warner,  ]r 425 

of  Joseph  Warren 754 

of  Nathaniel  Warren, 276 

of  John  Weld 698 

of  Isaac  Whittemore, 481 

of  Isaac  Winchester 699 

of  John  Witt, 126 

valuation  of: 
allowance  to  committee  on,  for  services,      .         .  656 
allowance  to  persona  employed  as  clerks  to  com- 
mittee on 399 

list  of,  in  Murrayfield  to  be  taken,  .286 

Priscilla  Wilder  impowered  to  give  legal  discharge 
for  her  part  of  an  estate  in  the  absence  of 

her  husband, 780 

ESTATES,  INSOLVENT. 
of  John  Austin  and  John  Austin,  jr.,  Samuel  Welles 

admitted  to  his  dividend  in,       .  .  475 

of  Capt.  William  Austin, 297 

of  Caleb  Carr 417 

of  Jonathan  Chapman, 164 

of  Ichabod  Davis, 432 

of  Isaac  Fish, 405 

of  James  Hope, '    .  809 

of  Richard  Johnson, 76 

of  John  Joy 78 

of  John  Libby, 275 

of  Henry  Negus 155 

of  Jonathan  Negus, 117 

of  John  Osborne 730 

of  Thomas  Parker 237 

of  Elisha  Pomroy 400 


ESTATES  INSOLVENT  —  continued. 

of  William  Roberts 357 

of  John  Sayler 439 

of  Isaac  Thomas 117,  303,  467 

of  John  Townsend, 61 

ESTATES,  INTESTATE. 

of  Samuel  Abbot 666 

of  John  Asking 406 

of  William  Badcock 791 

of  Gershom  Bartlett, 354 

of  Thomas  Bartlett 625 

of  Elisha  Bennett, 418 

of  Jacob  Bradbury, 533 

of  Caleb  Brand 171 

of  Aaron  Brigham 341 

of  Thomas  Brigham, 440 

of  Moses  Brown 625 

of  Rev.  .Samuel  Checkley 549 

of  Elisha  Child 474 

of  Oershom  Clark 622 

of  Thomas  Cummings, 204 

of  John  Curtis,  Jr., 414 

of  Absalom  Cutting 336 

of  Thomas  Dudley 606 

of  Joseph  Fenno 317 

of  Samuel  Fowler,  jr., 533 

of  Benjamin  Fuller, 355 

of  Phineas  Gibbs 773 

of  Daniel  Gregory, 550 

of  George  Griggs 509 

of  Capt.  James  Hall, 567 

of  Samuel  Harris,  also  insolvent,    ....  359 
of  Ebenezer  Hatch,  ......  137 

of  Silas  Hunt 586 

of  Ebenezer  Hunting, 805 

of  Jonathan  Hutchinson 422 

of  David  Ingersoll, 713 

of  Benjamin  Kimball 319 

of  Edward  Knowles,  jr., 715 

of  Zephaniah  and  Hannah  Leonard,       .  .142 

of  Joseph  Lothrop, 334 

of  Philip  Masters 425 

of  John  Morse, .81 

of  Nathaniel  Mulliken 304 

of  Kendall  Patten, 621 

of  William  Patterson 493 

of  Henry  Payson, 591 

of  Remember  Preston,     ......  763 

of  Gershom  Randall 613 

of  Elkanah  Richmond, 563 

of  Samuel  Philips  Savage, 658 

of  Jonathan  Stedman, 59 

of  Noah  Stoddard 278 

of  Samuel  Stone, 25 

of  Nathaniel  Swiit, 482 

of  Henry  Ward,  also  insolvent,  .405 

of  Nathaniel  Wheelwright,  also  insolvent,      .         .  691 

of  Abner  White 301 

of  Dr.  John  Willson 686 

EXCISE. 
abatement  of  judgment  relative  to,         .         .         . 
certain  innkeepers,  discharged  from  payment  of, 
bond,   ........ 

on  spirituous  liquors  remitted  to  Hewit  Root, 
relative  to,  bond  of  John  Cotton,   .         .     219,  401, 
EXCISE,  COLLECTORS  OF. 
for  Barnstable  County: 

chosen, 

for  Berkshire  County: 
chosen, 


387 


454 


868 


IXDEX. 


EXCISE,  COLLECTORS  OF  —  continued. 
for  Bristol  County: 


93 


for  County  of  Dukes  County: 

chosen, 93 

for  Cumberland  County: 

chosen, 93 

for  Essex  County: 

chosen, 93 

for  Hampshire  County: 

chosen, 93 

for  Lincoln  County: 

chosen, 93 

for  Middlesex  County: 

chosen, 93 

for  Nantucket  County: 

chosen, 93 

for  Plymouth  County: 

chosen, 93 

for  Suffolk  County: 

chosen, 93 

for  Worcester  County: 

chosen, 93 

for  York  County: 

chosen,  93 

EXCISE.  FARMERS  OF. 
in  Hampshire  County: 

William  Eastman,  appointment  of»      .         .         .    12 
in  Lincoln  County: 
Col.  Charles  Cushing,  appointment  of,        .         .    68 
EXECUTION. 
on  writ  of  scire  facias,  suspended,  .         .         .    643,  660 
ordered  to  be  given  for  no  more  than  one  third  of 

the  Judgment, 80 

stay  of,    17,  30,  40,  43,  57,  60,  62,  69,  74,  77,  86,  96,  117, 
122,  145,  156,  158,  160,  161,  162,  173,  229,  230, 
236,  293,  314,  325,  382,  392,  439,  471,  535,  547, 
643,  645,  646,  667,  672,  682,  689,  725,  756,  757, 
778 
EXECUTOR  OR  ADMINISTRATOR. 

Dorothy  Aldrich  impowered  to  receive  from,  her 
part  of  her  father's  estate  during  absence 
of  her  husband,  ......  776 

allowance   to,   for   services  rendered   by   Dennis 

DeBerdt, 711 

allowance  to,  of  Rev.  Edward  Holyoke  for  the 

heirs 390 

allowance  to,  Elizabeth  Wadsworth,        .         .         .  267 
copy  of  the  petition  of  proprietors  of  Pittsfield  to 
be  served: 
to  the  administrator  of  John  Stoddard,       .         .    90 
to  the  executors  of  Jacob  Wendell,       .         .         .90 
Samuel  Dakin,  allowed  value  of  a  gun  lost,  .         -  316 
Lydia  Negus,  administratrix  of  Jonathan  Negus: 
impowered  to  execute  a  deed,      ....  155 
impowered  to  sell  her  interest  in  an  estate,         .  117 
Mary  Negus,  administratrix  of  Henry  Negus,  im- 
powered to  sell  land, 155 

of  Samuel  Abbot  impowered  to  sell  real  estate,  ,.  666 
of  Benjamin  Allen,  jr.,  impowered  to  sell  real 

estate, 478 

of  Nathaniel  Ames  impowered  to  sell  real  estate,  .  170 
of  John  Askins  impowered  to  sell  real  estate,  .  406 
of  Samuel  Aspinwall  impowered  to  sell  real  estate,  543 
of  Capt.  William  Austin  impowered  to  sell  real 

estate 297 

of  William  Badcock  impowered  to  sell  real  estate,  791 
of  Nathaniel  Badger  impowered  to  sell  real  estate,  267 
of  Timothy  Ballard,  jr.,  and  William  Chandler  im- 
powered to  reconvey  lands,         .         .         .  40S 


EXECUTOR      OR      ADMINISTRATOR  —  con- 

tinned. 
of  Benjamin  Bangs  impowered  to  reconvey  lands,  568 
of  George  Barnard  impowered  to  sell  real  estate,  315 
of  Gershom  Bartlett  impowered  to  sell  real  estate,  354 
of    Humphrey    Bartlett   impowered    to   sell   real 

estate,  .......  436 

of  Mary  Bartlett  impowered  to  sell  real  estate,  .  406 
of  Preserved  Bartlett  impowered  to  sell  real  estate,  717 
of  Samuel  Bartlett  impowered  to  sell  real  estate,  435 
of  Samuel  Beard  impowered  to  execute  a  deed,  .  191 
of  David  Bennett  impowered  to  sell  real  estate,  .  428 
of  Elisha  Bennett  impowered  to  reconvey  land,  .  418 
of  Moses  Bennett  impowered  to  sell  real  estate,  .  80 
of  Ebenezer  Billings  impowered  to  sell  real  estate,  397 
of  Jonathan  Bird  impowered  to  execute  a  deed,  .  434 
of  Benjamin  Blackstone  impowered  to  sell  real 

estat«, 265 

of  William  Blin  impowered  to  sell  real  estate,  .  697 
of  Jacob  Bradbury  impowered  to  sell  real  estate,  533 
of  Thomas  Brigham  impowered  to  sell  real  estate,  440 
of  Isaac  Brown  impowered  to  sell  real  estate,  .  55 
of  Thomas  Brown  impowered  to  sell  real  estate,  .  24 
of  Peleg  Bryant  impowered  to  sell  real  estate,  .  662 
of  James  Buffum  impowered  to  sell  real  estate,  .  298 
of  William  Burridge  impowered  to  sell  real  estate,  77 
of  Stephen  Burton  impowered  to  sell  land,  .  .  554 
of  Caleb  Carr  impowered  to  sell  real  estate,     .  .  417 

of  John  Carter  impowered  to  reconvey  land,  .  .  346 
of  Isaiah  Chaffee  impowered  to  sell  real  estate,  .  634 
of   Jonathan    Chapman   impowered   to   sell  real 

estate, 164 

of  Rev.  Samuel  Checkley  impowered  to  sell  real 

estate, 549 

of  Elisha  Child  impowered  to  sell  real  estate,  .  474 
of  Daniel  Choate  impowered  to  sell  real  estate,  .  342 
of  Gershom  Clark  impowered  to  sell  land,      .  .  622 

of  Thomas  Cummings  impowered  to  sell  real  estate,  204 
of  Nathaniel  Cunningham,  impowered  to  sell  real 

estate, 154 

of  John  Curtis,  jr.,  impowered  to  sell  real  estate,  .  414 
of  Absalom  Cutting  impowered  to  sell  real  estate,  336 
of  George  Cutting  impowered  to  sell  real  estate,  .  411 
of  Richard  Cutting  impowered  to  sell  land,  .  310 

of  Ephraim  Davis  impowered  to  sell  real  estate,  .  480 
of  Ichabod  Davis  impowered  to  sell  real  estate,  .  432 
of  William  Davis  impowered  to  execute  a  deed,  .  229 
of  Dr.  Ebenezer  Dexter  impowered  to  sell  real 

estate, 508 

of  Thomas  Dudley  impowered  to  sell  real  estate,  .  606 
of  William  Durfee  impowered  to  sell  real  estate,  .  416 
of  Josiah  Dwight,  or  survivors  of  them,  impowered 

relative  to  the  sale  and  conveyance  of  real 

estate,  .......  424 

of  Timothy  Dwight  impowered  to  sell  real  estate,  417 
of  Jonathan  Eames  impowered  to  execute  a  deed,  691 
of  David  Earle,  with  Hezekiah  Ward,  impowered 

to  sell  real  estate, 357 

of  Joseph  Eaton  impowered  to  sell  real  estate,  .  S16 
of  Jacob  Eliot  impowered  to  sell  real  estate,  .  .  696 
of  Jane  Eustis  impowered  to  sell  real  estate,  .  .  785 
of  JfMnes  Evers  impowered  to  sell  real  estate,  .  413 
of  Jonas  Fairbanks  impowered  to  sell  real  estate,  .  82 
of  Aaron  Farnsworth  impowered  to  sell  real  estate,  426 
of  Aaron  Felt  impowered  to  sell  real  estate,  .  .  449 
of  Joseph  Fenno  impowered  to  sell  real  estate,  .  317 
of  John  Fillebrown  impowered  to  sell  real  estate,  .  419 
of  Isaac  Fish  impowered  to  sell  real  estate,  .  .  405 
of  Abner  Fobes  impowered  to  sell  real  estate,  .  314 
of  James  Foster  impowered  to  sell  land,         .         .  695 


Index. 


869 


EXECUTOR      OK      ADMINISTRATOR  -  con- 
tinued. 
of  Joseph  Foster  impowered  to  sell  real  eatate,       .  470 
of  John  Fowler  impowered  to  sell  real  estate,         .    29 
of  Samuel   Fowler,   jr.,    impowered    to    sell  real 

estate, • .         .         .533 

of  Abel  Fox  impowered  to  sell  part  of  an  estate,  .  187 
of  Nathan  Freeman  impowered  to  sell  lands,  .  665 
of  David  French  impowered  to  sell  real  eatate,  .  602 
of  Independence  French  impowered  to  sell  real 

estate,  . 559 

of  Benjamin  Fuller  impowered  to  sell  real  estate,  355 
of  Ephraim  Fuller  impowered  to  execute  a  deed,  755 
of  Phineas  Gibbs  impowered  to  sell  real  estate,  .  773 
of  Ezra  Gleason  impowered  to  sell  real  estate,  .  24 
of  Isaac  Gleeson  impowered  to  sell  real  estate,  .  410 
of  Benjamin  Glover  impowered  to  sell  real  estate,  365 
of  Aaron  Goodrich  impowered  to  sell  real  estate,  .  476 
of  Henry  Goold  impowered  to  sell  real  estate,  .  667 
of  Daniel  Gregory  impowered  to  sell  real  estate,  .  550 
of  George  Grigga  impowered  to  join  with  an  heir 

to  sell  real  estate, 509 

of  Elisha  Gunn  impowered  to  sell  real  estate,  .  773 
of  Jacob  Hagget  impowered  tp  sell  real  estate,  .  657 
of  Southward   Hamblen  impowered  to  sell  real 

estate, 251 

of  Samuel  Harris  impowered  to  sell  real  estate,  .  359 
of  Thomas  Hartshorn  impowered  to  confirm  a 

former  sale  of  real  estate,  and  execute  a 

deed  of  same, 297 

of  Ebenezer  Hathaway,  allowance  to,  for  loss  of 

land, 693 

of  Jonathan  Hearsey  impowered  to  sell  real  estate,  274 
of  Abraham  Hedge  impowered  to  sell  real  estate,  .  164 
of  Cyprian  Hinkley  impowered  to  sell  an  estate,  .  789 
of  Ephraim  Hodges  impowered  to  sell  real  estate,  397 
of  Mary  Hopkins  impowered  to  sell  real  estate,  .  733 
of  Josiah  How  impowered  to  sell  real  estate,  .  3U 

of  John  Rowland  impowered  to  sell  real  estate,  .  271 
of  Thomas  Hubbard  impowered  to  sell  real  estate,  787 
of  Ruth  Hunn  impowered  to  sell  real  estate,  .  .  204 
of  Silas  Hunt  impowered  to  sell  real  estate,  .  .  586 
of  Elijah  Hutchinson  impowered  to  sell  real  estate,  801 
of  Jonathan  Hutchinson  impowered  to  sell  real 

eatate, 422 

of  David  IngersoU  impowered  to  execute  a  deed,  .  713 
of  James  IngersoU  impowered  to  sell  real  estate,  .  479 
of  Samuel  Jenne  impowered  to  sell  real  estate,  .  383 
of  Caleb  Johnson  impowered  to  sell  real  estate,  .  412 
of  Ebenezer  Johnson  impowered  to  sell  real  estate,  282 
of  Eleazer  Johnson  impowered  to  join  with  the 

other  heirs  to  sell  real  estate,     .         .         .  523 
of  Capt.  Eleazer  Johnson  impowered  to  sell  real 

estate, 733 

of  Richard  Johnson  impowered  to  sell  real  estate,  76 
of  Josiah  Jones  impowered  to  sell  real  estate,  .  .  132 
of  Mary  Jones  impowered  to  sell  real  estate,  .  715 

of  John  Joy  impowered  to  sell  real  estate,  .  .  78 
of  John  Kemball  impowered  to  sell  real  estate,  .  436 
of  Edward  Knowles,  jr.,  impowered  to  execute  a 


.  715 


of  John  Libby  impowered  to  sell  real  estate,  .  275 

of  Glode  Longon  impowered  to  sell  land,  .  .  144 
of  Stephen  Look  impowered  to  sell  real  estate,  .  143 
of  Jonathan  Lowder,   petition  of,  relative  to  an 

action, 535 

of  Roland  Luce  impowered  to  sell  real  eatate,  .  358 
of  Joseph  Mans6eld  impowered  to  sell  real  estate,  717 
of  Isaac  Marick  impowered  to  sell  real  estate,  .  348 
of  Philip  Masters  impowered  to  execute  a  deed,     .  425 


EXECUTOR      OR     ADMINISTRATOR  —  co»- 

tinued. 
of  Joseph  Maynard,  jr.,  to  sell  a  portion  of  an 

estate,  .  .         .         .         .         .55 

of  Tilley  Merrick  impowered  to  sell  real  estate,  .  385 
of  Henry  Merrow  impowered  to  sell  land,  .  .  61 
of  Joseph  Metcalf  as  guardian  and  David  Haven, 

guardian,  impowered  to  sell  real  estate,  .  274 
of  Jonathan  Moors  impowered  to  sell  real  estate,  .  188 
of  Moses  Morgan  impowered  to  sell  real  estate,  .  30 
of  John  Morse  impowered  to  sell  real  estate,  .  81 
of  Nathaniel  MuUiken  impowered  to  sell  real  es- 
tate,      304 

of  John  Munro  impowered  to  sell  real  estate,  .  432 

of  Elisha  Nash  impowered  to  execute  a  deed,  .  712 
of  Joshua  Nichols  impowered  to  sell  real  estate,  .  410 
of  Reuben  Olds  impowered  to  sell  and  convey  real 

estate, 718 

of  John  Osborne  impowered  to  sell  real  estate,  .  730 
of  James  Patterson  impowered  to  sell  real  estate,  .  162 
of  William  Patterson  impowered  to  exchange  real 

estate, 493 

of  Hem-y  Payson  with  Mary  Payson  impowered  to 

sell  real  estate, 591 

of  Elisha  Pomroy  impowered  to  sell  real  estate,    .  400 
of  Capt.  John  Pomroy  impowered  to  join  with  ad- 
ministrators of  Capt.  Elisha  Pomroy  to 

execute  a  deed, 22 

of  Oliver  Pratt  impowered  to  sell  real  estate,  .  293 
of  Benjamin  Putnam  impowered  to  sell  real  estate,  21 
of  Daniel  Putnam  impowered  to  sell  real  estate,  .  437 
of  John  Putnam,  jr.,  impowered  to  sell  real  estate,  431 
of  Edmund  Quincy,  3d,  impowered  to  sell  real 

estate, 635 

of  Caleb  Rand  impowered  to  sell  land,  .                  .  307 
of  William  Rand,  jr.,  impowered  to  sell  real  estate,  647 
of  Samuel  Reed  impowered  to  execute  a  deed,    712,  793 
of  Elkanah  Richmond  impowered  to  sell  real  es- 
tate,      563 

of  Joseph  Rider  impowered  to  execute  a  deed,  .  143 
of  Joseph  Rider  impowered  to  sell  real  estate,  .  193 
of  Samuel  Rider  impowered  to  sell  real  estate,  .  119 
of  Elizabeth  Ridgway  impowered  to  sell  real  estate,  156 
of  John  Ridgway  impowered  to  sell  real  estate,  .  131 
of  Asa  Robbing  impowered  to  sell  real  estate,  .  484 
of  William  Roberts  impowered  to  sell  real  estate,  .  357 
of  Dr.  Samuel  Robinson  impowered  to  execute  a 

deed 710 

of  Chambers  Russell  impowered  to  execute  a  deed,  427 
of  Eliakim  Sackett  impowered  to  execute  a  deed,  133, 

278 
of  John  Sayler  impowered  to  sell  real  estate,  .  439 

of  Reynolds  Seager  impowered  to  sell  real  estate,  623 
of  Samuel  Shaw  impowered  to  execute  deeds,        .  511 
of  Edward  Sheaffe,  allowance  to,  for  the  heirs,       .  606 
of  Nathaniel  Sheaffe  impowered  to  sell  real  estate,  738 
of  Jabez  Snow,  jr.,  impowered  to  sell  real  eatate,     .  620 
of  Nathaniel  Southworth  impowered  to  sell  the 

estate,  .......    15 

of  Jeremiah  Spaulding  impowered  to  sell  land,       .  557 
of  Capt.  Richard  Stanny  impowered  to  sell  an  es- 
tate,       53 

of  Benjamin  Stearns  impowered  to  sell  real  estate,  512 
of  Jonathan  Stedman  impowered  to  sell  real  ea- 


tate. 


of  Jacob  Stevens  impowered  to  sell  land, 

of  John  Stockwell  impowered  to  sell  real  estate, 

of  Noah  Stoddard  impowered  to  sell  real  estate, 

of  Samuel  Stone  impowered  to  sell  real  estate, 

of  Richard  Stratton  impowered  to  execute  a  deed,  548 


59 


870 


Index. 


EXECTJTOR  OR  ADMINISTRATOR  —  con- 
tinued. 
of  Nathaniel  Swift  impowered  to  sell  an  estate,  .  312 
of  Aaron  Taft  impowered  to  sell  land,  .  .  .22 
of  Gideon  Taft  impowered  to  sell  real  estate,  .  165 
of  Isaac  Thomas  impowered  to  sell  real  estate,  .  117 
of  Sylvanua  Tobey  impowered  to  sell  real  estate,  .  384 
of  Samuel  Tobumso  (Indian)  impowered  to  sell 

land 318 

of  John  Townaend  impowered  to  sell  real  estate,  .  61 
of  Isaac  Walker  impowered  to  sell  real  estate,  214,  627 
of  Henry  Ward  impowered  to  sell  real  estate,  .  405 
of    Dr.    William    Ware    impowered    to    sell    real 

estate 116 

of  Aaron  Warner  impowered  to  sell  real  estate,  .  268 
of  Philemon  Warner,  jr.,  impowered  to  execute  a 

deed, 428 

of  Joseph  Warren  impowered  to  execute  a  deed,  .  754 
of  Nathaniel  Warren  impowered  to  sell  real  estate,  276 
of  Nathaniel  Wheelwright  impowered  to  sell  land,  691 
of  Isaac  Whittemore  impowered  to  sell  real  estate,  481 
of  Isaac  Winchester  impowered  to  sell  real  estate,  699 
of  John  Witt  impowered  to  sell  real  estate,  .  .  126 
Eleazer  Porter,  executor,  impowered  to  sell  real 

estate, 130 

David  Torrey,  administrator  also  guardian,  im- 
powered to  sell  real  estate,  .         .         .  301 
-wages  due  William  Finley,  a  soldier,  allowed  to 

his 150 


EXPEDITION,  CANADA. 

allowance  to  Timothy  Madding  for  services  in,     .  786 

land  granted   for  equivalent  townships  to  legal 
representatives  of  soldiers  in  (1690),  rela- 
tive to,    47  bis,  48  bis,  58,  66,   129,  169,  239, 
356  bis,  450,  514,  542,  564 

land  granted  for  townships  to  legal  representatives 

of  soldiers  in,  relative  to.    .      344,  386,  536,  594 

land  granted  to  legal  representatives  of  Joseph 

Tree  in, 558 

EXPEDITION,  CROWN  POINT. 

soldier  wounded  in,  allowance  to,  .         .  666 

EXPEDITION,  LOUISBURG. 

allowance  for  services  in,  ...       43,  103,  784 

soldiers  wounded  in  service  at  Louisburg,  pension 

allowed, 74, 347, 534 

wages  due  soldier,  as  lieutenant  at  Ix>uisburg,  al- 
lowed,   32 

EXPEDITION,  WESTWARD. 

sum  advanced  for  necessaries  for  troops  in,  al- 
lowed,   661 

EXPLANATION  (see  Construction). 
EXPRESS. 

allowance  to  John  Brown,  jr.,  for  expenses  in  going, 

to  Brig.  Ruggles, 107 

expense  of,  at  time  of  riot  in  Egremont,  allowed,  .  238 

to  be  sent  to  procure  testimony  of  certain  persons 
relative  to  the  boundary  line  between  this 
Province  and.  New  Hampshire,  .  249 


F. 


FALMOUTH,  Town  of  (Barnstable  County). 

Notary  Public  for,  chosen,    93.  180,  296,  444,  492,  585, 
675.  750 
FALMOUTH,  Town  of  (Cumberland  County), 
boundary  between  First  and  Third  parishes  in, 

established,  ......  660 

certain  inhabitants  annexed  to  First  parish  in,  to 

be  set  back  to  District  of  Cape  Elizabeth,  194 

First  parish  in,  acts  of  assessors  in,  confirmed,       .  421 

Notary  Public  for,  chosen,    93,  ISO,  296,  445,  492,  585, 

675,  750 

parishes   in,    construction   of    a   resolve    relative 

to 33 

plan  of  certain  townships  with  boundary  lines 
of,  Scarborough  and  Biddeford,  relative 

to 228,  253 

Province  tax  in,  certain  proportion  of  Province 

tax  taken  from  Gorhamtown,  added  to,  .  100 

taxes  in,  relative  to, 152 

FARMERS  OF  EXCISE. 
in  Hampshire  County: 

William  Eastman,  appointment  of,      .         .         .    12 
in  Lincoln  County: 
Col.  Charles  Gushing,  appointment  of,        .         .68 
FARMS. 

Field's  farm  in  Warwick  to  be  assessed,  .         .  158 

in  Waltham,  relative  to  sale  of,       .  .    646,  608 

Number  Two,  in  Ashburnham,  relative  to,  .  791 

FERRY. 

Mulliken's, 790 

FINES. 
remission  of: 
to  assessor  for  Windham,  relative  to,  .  .  755 

to  Braintree,  .......  184 

to  Chelsea, 545 

to  Dunstable, 815 

to  Duxbury,  .        .        .        .        .        .813 


FINES  —  continued. 

remission  of  —  continued. 
to  Eastham  and  District  of  Wellfleet, 
to   Georgetown    (Lincoln  County,  Province   of 

Maine), 

to  Grafton, 128,  i 

to  Holden, ' 

to  Hopkinton,       .         .         .         .         .         .         ,  : 

to  Leominster,       .         .         .         .         .         .         ,  \ 

to  Littleton,  .         .         .         .         .         .         .  i 

to  Medway I 

to  Needham, I 

to  Scarborough,     .......  i 

to  Sherborn i 

to  Southborough, 

to  Sturbridge,        ....... 

to  Upton, 562, 1 

to  Uxbridge, 

to  Wareham, J 

to  Westford 544,  J 

FIRE. 

guns  destroyed  by,  allowance  for,  .... 

in  Boston,  allowance  to  sufferers  from,  . 

in  Montreal,  relative  to  relief  of  sufferers  from,      .  ; 

in  Sandwich,  allowance  to  committee  appointed  to 
report  on. i 

Province  note  lost  by,  full  value  allowed, 
FIREWOOD. 

for  lighthouse: 
Beacon  Island,  allowance  for,    83,  178,  265,  385,  4 
502,  588,  657,  672, ' 
Plymouth  Harbor,  allowance  for,     458,  500,  587,  6 

FITCHBURQ,  Town  of. 

Province  Laws,  books  of,  allowed  to,  .         .         . 

taxes  in,  assessment  of,  on  lands  of  non-resident 

proprietors,           .         .         .  .         .         . 


Index. 


871 


FORFEITURES. 

in  Admiralty, 

FORGERY. 

forced  order,     .         .         .         .         .         .         .         .  ( 

FORTS. 
and  earrisons: 
appropriation  for: 
transfer  from,  to  appropriation  for  the  pay  of 
the  Court,    .  .  .         .         .  1 

provisions,  etc.,  for,  officer  for  purchasing  of, 
chosen,  92,  179,  295,  456,  531,  i 

Castle  William: 
additional  men  allowed  for  the  defence  of,  .  J 

John  Brock  who  served  at,  to  receive  a  certain 
amount  annually,        .         .  .         .  I 

chaplain  at,  allowance  to,    89,  183,  285,  390,  454,  t 
establishment  at,  .  36,  128,  262,  363,  375,  ^ 

lieutenant  at,  allowance  to,    89,  182,  285,  389,  443, 1 
repairs  at,  appointment  of  committee  on,  . 
wages  of  men  discharged  at,  relative  to,     .         .  ^ 
Fort  Halifax: 

establishment  at, 

truck-master  for,  chosen, 

Fort  Pownall  at  Penobscot: 
armorer  for,  allowed,     . 

establishment  at,  relative  to,    36.  128,  300,  363,  3 
482,  569,  621,  723,  ) 


FORTS  —  continued. 
Fort  Pownall  at  Penobscot  —  continued. 
truck-master  for: 
chosen,  92,  180,  296,  444,  531.  584,  674,  749 

relative  to,  taking  oath  and  giving  bond,         .  582 
Fort  William  Henry: 
soldier  taken  prisoner  at  surrender  of,  amount 

stopped  out  of  wages  for  gun,  allowed,      -  346 
St.  Georges: 
attack  against,  by  Indians,  allowance  for  serv- 
ices in,  ... 
FRAMINGHAM,  Town  of. 

to  be  reassessed  a  certain  sum, 
FRANCE. 

captives  taken  to, 32,  171,  341 

FREETOWN,  Town  of. 

collector  of  taxes  to  be  chosen  i 
FRENCH  NEUTRALS. 
assistance  rendered  to, 
in  this  Province,  Governor  desired  to  write  to  Gov- 
ernor of  Canada,  relative  to,       .  105 
transportation  of,  to  Canada,  allowance  for,  .         .  235 
FURNESS'  GRANT. 
tract  of  land  called,  adjoining  to  Tyringham  Equiv- 
alent, part   of,    granted    to    Rev.  George 
Throop,  relative  to,     .         .         ,         .    587,  692 


G. 


GALLERY    TO    HOUSE    OF    REPRESENTA- 
TIVES,         215 

GAYHEAD  INDIANS. 

guardians  for,  chosen 788 

GENERAL  ASSEMBLY. 

appropriation  for  the  pay  of: 
transfer  from  appropriation  for  forts  and  garri- 
sons to,  .  .103 
arrest  of  a  thief  by  order  of,  allowance  for,     .         .    22 
chaplain  of  the  two  houses  of,  allowance  to,    88,  183, 
285,  390,  396,  454,  498,  571,  579,  672  bis,  782 
members  of: 
copy  of  proceedings  at  conference,  relative  to 
the    New    York    line,    to     be    delivered 


to, 


291 


GEORGETOWN    (Lincoln    County,    Province   of 


Ma 


fine  remitted  to, 545 

GLOUCESTER,  Town  of. 
Notary  Public  for,  chosen,    93,  180,  296,  444,  492,  585, 
675,  750 
ProWnce  tax  in,  abatement  of,        ...         ,  200 
GORE. 
of  land,  adjoining  Colrain,  granted  to  the  pro- 
prietors as  an  equivalent,   .  -     44,  596 
of  land  granted  by  proprietors  of  District  of  Mash- 
pee  to  Lemuel  Howland,     ....  599 
GORHAH,  Town  of  (Cumberland  County.  Maine). 
Province  Laws,  books  of,  allowed  to,      .  33 
relative   to   Province  tax  laid  on   Gorhamtown, 

now, 31.  100 

GOVERNMENT     SECURITIES     {see     Province 
Notes), 
committee  to  burn: 
appointment  of,    .         .  135,  257,  366.  378,  740 

report  of,       .         .         .  50,  151,  264.  459,  496,  576,  744 
default  in  presenting  and  effect  thereof  on  inter- 
est,.      ...      .         .         .      146,364,376,811 


GOVERNOR. 

Francis  Bernard: 

to  issue  a  brief  for  collection  in  behalf  of  the 
Church  at  Nobletown,        .         .         ,         , 

to  join  with  the  Governor  of  New  York  in 
appointing  smrveyors  to  run  New  York 
line, ■ 


to  send  briefs  throughout  the  Province  relative 
to  securing  relief  for  sufferers  in  Mont- 
real,       340 

to  transmit  a  copy  of  the  resolves  relative  to 
boundary  between  Province  of  Massachu- 
setts Bay  and  New  York,  to  the  Governor 

of  New  York, 279 

to  write  to  Governor  of  Canada  relative  to  the 

French  Neutrals  in  this  Province,  ,  105 

to  write  to  Governor  of  New  Hampshire  relative 
to  the  appointment  of  a  committee  to 
settle  boundary  between  New  Hampshire 
and  the  Province  of  Maine  (so  called),  65 

GRAFTON  OR  HASSANIMISCO  INDIANS. 
guardians  of: 
to  decide  certain  questions  relative  to  the  meet- 
ing-house in  Grafton,  -         ,         .         .  504 
to  discharge  the  debts  of  Esther  Freeborn,  .  563 
impowered  to  sell  land: 
Deborah  and  Patience  David,     ....  416 
Sharp  and  Esther  Freeborn,                          .    241,  299 
Hannah  Lawrence,        ...                          .         .  557 
trustees  and  guardians  of,  account  allowed,    9,  195, 
280.  340.  378,  680 
GRAFTON,  Town  of. 

fine  remitted  to, 128,  815 

line  of  jurisdiction  between  Shrewsbury  and  Graf- 
ton, settled, 664 

roads  in,  established,        ......    97 

GRANBY,  Town  of. 
Province  tax  in,  relative  to,    .        .        .        .        .  430 


872 


I]ST)EX. 


GRANTS. 

appropriation  for: 
transfer   from    appropriation    for    debts   where 

there  is  no  establishment  to,       .  .  103 

transfer  from,  to  appropriation  for  debts  where 

there  is  no  establishment,  .  .    414,  520 

transfer  from,  to  appropriation  for  the  pay  of  the 

Court, 573 

GREAT  BARRXNGTON,  Town  of. 
jail  in,  prisoner  released  from,         .         .         .         .187 

Province  tax  in,  certain  sum  deducted  from,         .  208 
town-meeting  in,  allowance  to  Joseph  Hawley  for 

expense  in  attending,  .         .         .203 

town-meeting  in,  declared  null  and  void,      .         .  129 
GREENWOODS,  THE. 
Province  lands  in: 
confirmed  to  Henry  Spring,         ....  767 

granted  to  Ebenezer  and  Joel  Trumble,      .    339,  535 
GROTON,  Town  of. 
proprietors  of: 
equivalent  land  confirmed  to,      ...         .  605 

equivalent  land  granted  to,  ....  552 

GUARDIANS. 
Sarah  Atkins,  impowered  to  release  a  legacy,         .  427 
John  Bosworth,  to  join  with  other  heirs  in  the  sale 

of  real  estate,       ......    13 

Christopher  Dyer,  impowered  to  sell  real  estate,  .  334 
for  the  Indians  at  Gayhead,    .....  788 

Phineas  Heywood,  impowered  to  execute  a  deed,  12 
impowered  to  assist  in  sale  of  land  in  Natick,  .  83 
impowered  to  complete  an  agreement  relative  to 

an  estate 682 

impowered  to  convey  real  estate,  ....  149 
Jemimah  King,  to  sell  real  estate  for  education  of 

her  sons 157 

Deborah  Lothrop,  impowered  to  sell  real  estate,  .  334 
of  Black  Ground  Indians  in  Plymouth  and  Sand- 
wich, chosen, 619 

of  Chappaquiddick  Indians,  chosen,  .  789 

of  children  of  Joseph  Abbot,  jr.,  impowered  to  sell 

real  estate, 422 

of  Church's  Indians  in  Freetown,  chosen,     .         .  619 
of  Dudley  Indians: 
account  of,  allowed,      .         .         .      324,  451,  588,  769 
appointment  of,    ......         .  743 

of  Hassanimiaco  or  Grafton  Indians: 
accounts  of  (see  trustees  of  Hassanimisco  or  Graf- 
ton Indians), 
to  assist  in  sale  of  land,  .      241,299,416,731 

to  decide  certain  questions  relative  to  the  meet- 
ing-house in  Grafton,  ....  504 

to  discharge  the  debts  of  Esther  Freeborn,  .  563 

of  Indians  in  Plymouth  County: 
account  of,  allowed,      .         .         .42,  77,  229,  301  bis 
to  assist  in  sale  of  land,        .         .  337,  415,  577 

to  re-imburse  the  purchasers  for  deficit  in  land,  306 


GUARDIANS  —  continued. 
of  minors: 
impowered  to  sell  land,    21,  27,  36,  52,  54,  131,  133, 
144,  157,  159.  188.  192.  206,  228,  245,  273,  274. 
286,  287  bis.  334  bis,  341,  422,  429,  458,  510.  518, » 
543,  548,  559.  560.  567.  569,  576,  577,  629,  635,  638, 
644,  678,  684,  685  bis,  696,  698,  739,  748,  768,  772, 
791,  792.  805.  818 
impowered  to  sell  minors'  interest  in  land,    84  bis, 
178,  199,  202,  206,  242,  269,  317,  319,  336,  343, 
394.  433,  456,  486,  490,  590,  602,  621,  626,  686, 
763,785 
with  others,  impowered  to  sell  land,     13,  34,  170,  308, 
348,  505,  510,  513,  516,  539,  589,  658.  809,  810 
of  Natick  Indians: 

chosen, 572 

discharged  from  service  at  their  request,  .  .  520 
impowered  to  build  a  house  for  Esther  Sooduck,  449 
impowered  to  sell  land,         .  .  .17 

to  assist  in  the  sale  of  land,  318,  324.  595,  596,  652, 
731,732,774 
of  persons  non  compos: 
Eleazer  Adams,  impowered  to  sell  real  estate,  .  234 
Amariah  Bigelow,  impowered  to  sell  real  estate,  321 
John  Brown,  sale  of  land  by,  confirmed,  .  .  677 
Joseph  Coolidge,  impowered  to  sell  land,  .  23,  772 
David  Daman,  impowered  to  sell  land,  .  .  298 
Benjamin  Guild,  impowered  to  sell  real  estate,  .  641 
Katharine  Johnson,  impowered  to  sell  land,  .  734 
Zebulon  Leonard,  impowered  to  sell  part  of  an 

estate, 56 

Joseph  Marshall  and  others,  impowered  to  sell 

real  estate, 307 

Richard  Peabody,  impowered  to  sell  real  estate,  172 
Ebenezer  Willis,  impowered  to  sell  real  estate,  .  132 
of  Puncapaug  Indians: 

account  of,  allowed 42,  203,  630 

chosen, 246 

impowered  relative  to  the  mulatto  children,  .  69 
impowered  to  confirm  by  deed  certain  land  to 

Enoch  Lyon, 106 

impowered  to  sell  land,  ....  381.  741 
Samuel   Niles  directed  to   pay  a  certain   sum 

to, 90 

to  pay  a  certain  sum  for  support,  etc.,  of  several 

Indians, 212,  267 

of  Hannah  Robbins  (Indian),  account  of,  allowed,  281 
of  James  Thomas  (Indian),  account  of,  allowed,  .  280 
GUNPOWDER. 
magazines  for,  .......  570 

GUNS. 
amount  stopped  out  of  wa^es  of  soldiers  for,  al- 
lowed,   80,  257,  346 

destroyed  by  fire,  allowance  for,  .  .  .  .31 
lost  in  expedition  to  Crown  Point,  allowance  for,  .  231 
lost  in  public  service,  allowance  for,       .        .        .  316 


H. 


HALIFAX,  Fort. 

establishment  at 36 

truck-master  for,  chosen, 92 

HAMPSHIRE   COUNTY. 

and  Berkshire  County: 
justices  of  superior  court  of  judicature,  etc.,  for, 

impowered  to  try  action 757 

collector  of  excise  for,  chosen. 93 

deputy-sheriff  of,  allowance  to,  for  services,  .   243,  362 


HAMPSHIRE  COUNTY  -  continued. 
farmers  of  excise  in: 

William  Eastman,  apjwintment  of,  .  .  .  12 
inferior  court  and  court  of  general  sessions  in,  ad- 
journment of.  .  .  175,  277. 744 
jtistices  of  court  of  general  sessions  in,  impowered 
to  determine  questions  relative  to  lay- 
ing out  a  certain  road  in  District  of 
Palmer, 241 


Ikdex. 


873 


HAMPSHIRE  COUNTY  ~  continued. 
juatices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license, ' 

justices  of  inferior  court  in,  impowered  to  hear  and 
determine  case,    ...... 

Province  lands  in   Berkshire  County  and,  com- 
mittee to  survey, 
superior  court  of  judicature,  etc.,  in,  adjournment 

of, I 

superior  court  of  judicature,  etc.,  in,  John  Merritt 

impowered  to  enter  a  complaint  at,  . 
treasurer  of,  account  allowed, 
HARDWICK,  Town  of. 

allowance  to,     .  

HARVARD  COLLEGE. 

committee  to  rebuild,  allowance  to,         .          .      33, 
journals  of  the  House  of  Representatives  to  be  de- 
livered to,    .         .         

president  of: 
allowance  to,          .         .  88,  183,  285,  442,  498,  579,  ( 
allowance  to  executors  of,  for  the  heirs,                .  '< 
professor  of  di\'inity  at,  allowance  to,    89,  183,  286,  3 
443,  499,  579,  580,  669,  ' 
professor  of  Hebrew  at,  allowance  to,    305,  391,  4 
499,  580,  670, ' 
professor  of  mathematics  at,  allowance  to,    88,  1 
285,  390,  442,  499,  579,  670, ' 
Province  Laws,  books  of,  allowed  to, 
HASSANIMISCO  OR  GRAFTON  INDIANS. 
guardians  of: 
to  decide  certain  questions  relative  to  the  meet- 
ing-house in  Grafton,  

to  discharge  the  debts  of  Esther  Freeborn,  .  . 

impowered  to  sell  land: 

Fortune  Burne  and  wife, ' 

Deborah  and  Patience  David ■ 

Sharp  and  Esther  Freeborn,         .         .         .    241, ; 

Hannah  Lawrence, 

trustees  and  guardians  of,  account  allowed,  9,  195,  2 

340.  378,  ' 

HAVERHILL,  Town  of. 

First  parish  in: 

impowered  to  choose  collector  of  taxes,        .         .  1 

proceedings  at  meeting  in,  confirmed,         .         .  '< 

selectmen  of,  impowered  to  execute  a  deed,  .        .  ' 


HIGHWAYS. 

in  Bolton,  confirmed 130 

in  Boxford,  relative  to, 39,  94 

in  District  of  Charlton,  relative  to,         .         .         .  281 
in  District  of  Palmer,  relative  to  laying  out  cer- 
tain road,     .......  241 

in  Grafton,  established 97 

in  Upton,  established,     .  .  .97 

petition  of  Lydia  Ball  relative  to,  .         .  .73 

road  laid  out  through  land  belonging: 
to  John  Billing,  relative  to  damages  sustained 

by, 651 

to  Bela  Lincoln,  damages  to  be  estimated,  .         .  455 
HINGHAM,  Town  of. 

reimbursed  for  support  of  an  Indian  woman,         .  780 
HOLDEN,  Town  of. 

fine  remitted  to, 769 

HOOSAC  MOUNTAIN. 

Joshua  Locke  impowered  to  lay  out  land  on,  .         .  519 
HOPKINTON,  Town  of. 

fine  remitted  to, 249 

HOSPITAL. 

Province,  in  West  part  of  Boston,  relative  to,    252,  384 
HOUSE  OF  REPRESENTATIVES. 
allowance  to  Dudson  Kilcup,  clerk  to  a  committee 

of, 103 

allowance  to  Caleb  Wilder  for  attendance  on,         .  145 
chaplain  of  the  Board  and,  allowance  to,    88,  183,  285, 
390,  396,  454,  498,  571,  579,  672  bis 
clerk  of,  allowance  to,    88,  182,  284,  389,  442,  498.  578, 
609,  671,  783 
entertainment  of  Council  and,  account  of,  allowed,    71 
gallery  to,  account  for  erecting,  allowed.         .         .  215 
journals  of: 
allowance  for  stitching  in  blue  paper,  .         .    82 

copies  of,  to  be  delivered  to  Harvard  College,     .    73 
members  of,  list  of,    4,  112,  224,  330.  372.  464,  528.  616. 
706.  798 
speaker  of: 
allowance  to,    87.  181,  284,  389,  441,  497.  578.  671,  782 
HUBBARDSTON,  District  of. 
proceedings  at  meetings  in,  confirmed,  .         .         .501 
Province  Laws,  books  of.  allowed  to.      .         .         .  294 
HUNTSTOWN,  Township  of  (see  Ashfield). 
confirmation  of  lands  to  proprietors  of,  .    27 


I. 


IMPOST. 

commissioner  of; 
chosen,  .    92,  180,  295,  444,  492,  581,  674,  749 

to  supply  lighthouse  near  Plymouth  Harbor, 

with  oil,  etc., 349 

IHPK£SSH£NT. 
of    nurses,    etc.,    allowance    to    Samuel   Winchel 

for .         .314 

of  sloop  Ranger  into  the  service,     ....  292 
IMPRISONMENT. 

for  debt, 187  6is,  412 

INDIAN  CHILDKEN. 
of  the  Six  Nations,  allowance  for  the  education, 

etc.,  of,    16,  243,  273,  359,  376,  403,  489,  583, 
677,  789 
INDIAN  LANDS. 
relative  to  the  sale  of,    17,  70,  83,  169,  171,  189,  241, 
272,  299,  318,  324,  337,  381,  415,  416,  557,  563,  577, 
592,  593,  595,  652,  678,  731,  732,  741,  774 
INDIAN  SOLDIERS. 
allowance  to, 604 


INDIAN  TRUCK-TRADE. 

account  of  Commissary  General  on,  allowed,    20,  146, 
259,  364;  487,  634,  719 
INDIANS. 

allowance  to  an  Indian  woman  to  pay  for  nuraing, 


etc.. 


779 


allowance  to  town  of  Berkley  for  the  support  of 

two 787 

at  Gay  head: 
guardians  for,  chosen,  ......  788 

at  Penobscot  Falls,  provisions,  etc.,  to  be  supplied 

for  trade  with,     ......  720 

Black  Ground,  in  Plymouth  and  Sandwich; 
guardians  of,  chosen,    ......  619 

boarding  and  care  of  a  sick  Indian  woman,  allow- 
ance for, 776 

Bethiah  Brand  and  others,  impowered  to  sell  land,  171 

Deborah  Brand,  sale  of  hind  belonging  to,     .         .  169 

care,  etc.,  of,  sundry  payments  allowed  for,   339,  381, 
383,  453,  483,  494,  501 

Catharine  (an  Indian)  impowered  to  sell  land,      .  592 


874 


LSHDEX. 


INDIANS  —  continued. 
Chappaquiddick: 
allowance  to  committee  on,  for  expenses,    .         .  766 

guardians  of,  chosen, 789 

Church's,  in  Freetown: 

guardians  of,  chosen, 619 

Dudley: 
guardians  of: 
account  of.  allowed,  .         .         .      324.  451,  588,  769 

appointment  of, 743 

Hassaniraisco  or  Grafton: 
guardians  of: 
to  decide  certain  questions  relative  to  the  meet- 
ing-house in  Grafton,  ....  504 
to  discharge  the  debts  of  Esther  Freeborn,      .  563 
impowered  to  sell  land: 

Fortune  Burne  and  wife, 731 

Deborah  and  Patience  David,  .         .  416 

Sharp  and  Esther  Freeborn,     .         .         .    241,299 

Hannah  Lawrence,    .....  557 

trustees  of,  account  allowed,  9,  195,  280,  340.  378 

Mattakeset : 

guardians  of,  account  of,  allowed,        .         .         -  768 
Middleborough: 
impowered  to  sell  land: 

John  Barker, 415 

Israel  FeUx, 337 

Lydia  Squinn, 577 

Natick: 
certain  sum  allowed  Rev.  Stephen  Badger  for 

the  support  of  poor, 240 

guardians  of: 

chosen, 572 

discharged  from  ser^ace  at  their  request,  .  520 

impowered  to  build  a  house  for  Esther  Soo- 

duck 449 

impowered  to  sell  land, 17 

impowered  to  sell  land: 
Job  Ahauton  and  wife  and  Elizabeth  Spean,  732 
Sarah  and  Deborah  Comecho,  .         .         .  596 

John  Ephraim, 595 

Jonas  Obsco  and  Mary  Obsco,  .         .         .  652 

Patty  Pegan 324 

Elizabeth  Tray, 731 

Benjamin  Wiser,  administrator,        .         .         .  318 
Puncapaug: 
guardian  of: 
account  of,  allowed,  ....       42,  203.  630 

chosen, 246 

impowered  relative  to  the  mulatto  children,    .    69 
impowered  to  confirm  by  deed  certain  land  to 

Enoch  Lyon, 106 

impowered  to  sell  land,     ....    381,  741 
Samuel  Niles  to  pay  a  certain  sum  to,     .         .90 
to  pay  a  certain  sum  for  support,  etc.,  of  sev- 
eral Indiana,        212,267 

Six  Nations: 
Indian  children  of,  allowance  for  the  education, 

etc.,  of,    16,  243,  273,  359,  376.  403.  489,  583,  677 
Stockbridge: 
account  of  payments  by  Timothy  Woodbridge 

to.  allowed, 67 

certain,  impowered  to  sell  a  portion  of  their  lands,    70 
impowered  to  sell  land: 
David  Naunauneekaunuck,  .         .         .678 

in  Plymouth  County: 
guardians  of : 
account  of,  allowed,  .         .         .42,  77,  229.  301  bis 
to  assist  in  sale  of  land,     .         .  337,  415,  577 

to  re-imburse  the  purchasers  for  deficit  in  land.  306 


INDIANS  —  continued. 
Isaac  Jeffry,  impowered  to  exchange  land,  .  I 

medicine  and  attendance  for   certain,  allowance 

for i 

Samuel  and  Zerviah  Ompany: 

sale  of  land  belonging  to,      . 

trustees  of,  to  pay  a  certain  sum  to,    .  .  I 

Hannah  Robbins,  account  of  guardian  of,  allowed.  ! 
Desire  Sepit.  impowered  to  sell  land.  .  ' 

support  of  an  Indian  woman,  allowance  to  heirs 

of  Abijah  Stretton  for,  .  .  i 

James  Thomas,  account  of  guardian  of,  allowed,  .  I 
Jacob  Tusnuck,  impowered  to  exchange  land,  .  ( 
Jabez  Wickett,  impowered  to  sell  land,  .  .  i 

Rhoda  Womscom,  impowered  to  sell  land  in  Xa- 


tick. 


INFIRM  PERSONS  (see  Insane.  Infirm  or  Weak- 
minded  persons). 
INJUNCTION. 

against  collecting  taxes  in  Dighton,         .         .  40 

INNKEEPERS. 
at  Spencertown  (New  York)  account  of,  of  sup- 
plies for  sick  soldiers,  allowed.  .  54 
licenses  granted  to  the  following  persons  as: 

Elijah  Bent,  Sudbury, 58 

Jacob  Calmehorn,  The  Gore,  West  of  Pittsfield,  17 

William  Goodhue,  Salem. 20 

William  Goodrich,  Stockbridge,  .         .  -  69 

Samuel  Leonard.  Springfield.  .         .         .40 

Margaret  Moore,  Boston,      .         .  .7 

Samuel  Read,  Usbridge, 44 

Tilley  Rice.  Brookfield 24 

Jonathan  Webb,  Salem 65 

INNS  (see  Taverns). 

INSANE,  INFIRM  OR  WEAK-MINDED  PER- 
SONS, ...  55,  1S5,  407,  519,  54 
INSOLVENT  ESTATES. 
of  John  Austin  and  John  Austin,  jr.,  Samuel  Welles 

admitted  to  his  dividend  in,       .  .  47 

of  Capt.  William  Austin, 29 

of  Caleb  Carr, 41 

of  Jonathan  Chapman,    .         .         .         .         .         .16 

of  Ichabod  Davis, 43 

of  Isaac  Fish, 40 

of  James  Hope  (of  Falmouth,  Cumberland  County ) ,  80 

of  Richard  Johnson, 7 

of  John  Joy, -7 

of  John  Libby 27 

of  Henry  Negus, 15 

of  Jonathan  Negus, H 

of  John  Osborne -  73 

of  Thomas  Parker, 23 

of  Elisha  Pomroy, 40 

of  William  Roberts, 35 

of  John  Sayler, 43 

of  Isaac  Thomas 117,  303,  U 

of  John  Townsend,  ......    6 

INSTRUCTIONS. 
to  commissaries  to  settle  boundary  between  Prov- 
ince'of  Massachusetts  Bay  and  New  York,  21( 
326 
INSURANCE,  MARINE. 

on  Brisatine  Prince  of  Orange,  relative  to,     .  23 

INTERPRETATION  (see  Construction). 
INTESTATE  ESTATES. 

of  Samuel  Abbot, 6f 

of  John  Askins 4( 

of  William  Badcock 7J 

of  Gershom  Bartlett, -  3J 

of  Thomas  Bartldtt,         .    "     .        .        .         .         .  K 


I:ndex. 


875 


INTESTATE  ESTATES  —  co«imued. 

of  Elisha  Bennett, 418 

of  Jacob  Bradbury, 533 

of  Caleb  Brand 171 

of  Aaron  Brigham,  .......  341 

of  Thomas  Brigham, 440 

of  Moses  Brown,       .......  625 

of  Rev.  Samuel  Checkley, 549 

of  Elisha  Child 474 

of  Gershom  Clark, 622 

of  Thomas  Cummings 204 

of  John  Curtis,  jr., 414 

of  Absalom  Cutting, 336 

of  Thomas  Dudley, 606 

of  Joseph  Fenno, 317 

of  Samuel  Fowler,  jr., 533 

of  Benjamin  Fuller, 355 

of  Phineas  Gibbs 773 

of  Daniel  Gregory, 550 

of  George  Griggs, 509 

of  Capt.  James  Hall,  567 

of  Samuel  Harris,  also  insolvent,    ....  359 

of  Ebenezer  Hatch, 137 

of  Silaa  Hunt, 586 

of  Ebenezer  Hunting, 805 

of  Jonathan  Hutchinson,         .....  422 

of  David  Ingersoll, 713 

of  Benjamin  Kimball, 319 

of  Edward  Knowles,  jr., 715 


INTESTATE  EST A1ES  —  continued. 
of  Zephaniah  and  Hannah  Leonard,       .         .         .  142 

of  Joseph  Lothrop,  . 334 

of  Philip  Masters, 425 

of  John  Morse, 81 

of  Nathaniel  Mulliken, .304 

of  Kendall  Patten 621 

of  William  Patterson, 493 

of  Henry  Payson, 591 

of  Remember  Preaton, 763 

of  Gershom  Randall, 513 

of  Elkanah  Richmond, 563 

of  Samuel  Philips  Savage,       .....  658 
of  Jonathan  Stedman,      .         .         .         .         .         .59 

of  Noah  Stoddard, 278 

of  Samuel  Stone, 25 

of  Nathaniel  Swift, 482 

of  Henry  Ward,  also  insolvent,        ....  405 
of  Nathaniel  Wheelwright,  also  insolvent,      .         .  691 

of  Abner  White 301 

of  Dr.  John  Willson, 686 

IPSWICH,  Town  of. 
certain  inhabitants  of,  with  their  estates,  annexed 

to  Topsfield, 758 

certain  sum  to  be  laid  on, 459 

Notary  Public  for,  chosen,    93,  ISO,  296,  444,  492,  585, 
675,  750 

IPSWICH  BIVEB. 
committee  to  view,  account  of,  allowed,         .         .  459 


J. 


JAIL. 

breaking, 266 

in  Concord: 

collector  of  taxes  liberated  from,  .         .         .  412 

in  Great  Barrington,  prisoner  released  from,  .  187 

in  Plymouth: 

prisoner  liberated  from, 155 

JOURNALS, 
of  the  House  of  Representatives : 
allowance  for  stitching  in  blue  paper  the,  .  82 

copies  of,  to  be  delivered  to  Harvard  College,     .    73 
of  the  proceedings  at  the  Conference  relative  to 

the  New  York  line  to  be  copied,        .         .  291 
JOURNEY. 
expenses  of,  allowed  William  Kellogg   (agent  for 

several  plantations),   .....  310 
from  Nobleton  to  Boston,  allowance  for  expense  of,  200 
JUDGE  OF  PROBATE. 
for  Bristol  County: 
authorized  relative  to  the  distribution  of  an 

estate, 142 

to  consider  the  estates  of  George  Pitts  and  Eliza- 
beth Pitts  as  one 777 

for  Cumberland  County: 
impowered  to  grant  letters  of  administration  de 

bonis  non,  on  an  estate,      ....  809 
for  Middlesex  County: 
impowered  to  allow  more  time  to  commission- 
ers for  receiving  claims  against  an  insolv- 
ent estate,    237 

impowered  to  assign  certain  part  of  an  estate  to 

Amasa  Cranston,         .....  495 
for  Worcester  County: 
directed   relative   to   the   readjustment  of   the 

dower  of  Rachel  Thayer,    .         .        .         .34 
directed  to  allow  more  time  to  creditors  for  enter- 
ing claims  against  an  insolvent  estate,  303,  467 


JUDGE  OF  VROBA.TE  ~  continued. 
for  Worcester  County  —  continued. 
impowered  relative  to  the  widow's  part  of  the 

estate  of  Daniel  Beale,        ....  120 
impowered  to  settle  the  real  estate  of  Amos 

Thomas  upon  the  eldest  son,      .         .         .63 
JUDGMENT. 
abatement  of  part  of  a,  relative  to  excise,      .         .  387 

aflBrmation  of, 338 

by  default,    40,  43,  60,  86,  105,  122,  156,  161,  230,  236, 
250,  314,  382,  392,  471,  535,  646,  752 
failure  to  prosecute  an  appeal  from,        .  .  438 

justices  of  inferior  court  in  Plymouth  County,  im- 
powered to  re-consider,       ....  349 
justices  of  superior  court  of  judicature,  etc.,  for 
Cumberland   and   Lincoln  Counties,  im- 
powered to  reconsider,  ....  549 
justices  of  superior  court  of  judicature,  etc.,  in 

Essex  County,  authorized  to  affirm  a,        .115 
mistake  in  record  of,  to  be  corrected,     .         .         .  421 

power  to  appeal  from,  granted 158 

re-hearing  of  a,  petitioned  for 547 

William  Rice  discharged  from  a,  under  condi- 
tions  400 

set  aside, 162 

JURY. 

hasty  verdict  by, 78 

to  estimate  damages  by  road  laid  out  through 
land  belonging  to  Bela  Lincoln,  to  be  ap- 
pointed,         455 

trial  by, 30 

JUSTICES. 
Berkshire  County: 
of  court  of  general  sessions  in,  impowered  to 

grant  a  hcense, 176,  690 

of  inferior  court  in,  impowered  to  recommit  case 

to  referees, 644 


876 


Index. 


JUSTICES  —  continued. 
Bristol  County: 

of  court  of  general  sessions  in,  impowered  to 
grant  a  license, 101,  2 

of  court  of  general  sessions  in,  impowered  to 
receive  an  appeal,  etc.,         .         .         .         .  S 
Cumberland  County: 

of  inferior  court  in,  impowered  to  correct  a  mis- 
take in  the  record  of  a  judgment,  .  4 

of  inferior  court  in,  impowered  to  re-open  an 
award, 't 

of  superior  court;  of  judicature,  etc.,  in,  im- 
powered to  affirm  a  former  judgment,       .  c 

of  superior  court  of  judicature,  etc.,  in,  im- 
powered to  hear  and  try  cause,  .    117,  1 

of  superior  court  of  judicature,  etc.,   in,   im- 
powered to   re-commit  report  of  referees 
relative  to  a  certain  action,         .         .         .  S 
Cumberland  and  Lincoln  Counties: 

of  superior  court  of  judicature,  etc.,  for,  im- 
powered to  reconsider  a  judgment,    .         .  t 
Esses  County: 

of  court  of  general  sessions  in,  impowered  to 
grant  a  license,    ....     166,  203,  ( 

of  court  of  general  sessions  in,  impowered  to 
revise  the  assessment  upon  Boxford  for  a 
highway 

of  inferior  court  in,  impowered  to  hear  the  caiise,  1 

of  inferior  court  in,  impowered  to  receive  the 
award  of  referees, J 

of  superior  court  authorised  to  affirm  a  judgment,  ] 
Hampshire  County: 

of  court  of  general  sessions  in,  impowered  to 
determine  questions  relative  to  laying  out 
a  certain  road  in  District  of  Palmer,  .  * 

of  court  of  general  sessions  in,  impowered  to 
grant  a  Ucense ^ 

of  inferior  court  in,  impowered  to  hear  and 
determine  case,    ...... 

of  superior   court   of  judicature,   etc.,   in,   im- 
powered to  receive  a  complaint,  .         .  1 
Hampshire  and  Berkshire  Counties: 

of  superior  court  of  judicature,  etc.,  in,  to  try 
action, ' 


JUSTICES  —  continued. 
Middlesex  County: 
of  court  of  general  sessions  in,  impowered  to 

grant  a  hcense, 199,  5 

Plymouth  County: 
of  inferior  court  in,  impowered  to  reconsider  a 

judgment, 3 

of  superior  court  of  judicature,   etc.,   in,  im- 
powered to  receive  an  appeal,     .         .         ,2 
Suffolk  County: 
of  court  of  general  sessions  in,  impowered  to 

grant  a  Ucense,    .         .         76,  166,  272,  281,  7 
of  inferior  court  in,  impowered  to  admit  pleas 

of  Samuel  White 2 

of  inferior  court  in,  impowered  to  hear  and  try 

action, 

of  superior  court  of  judicature,  etc.,  in,  im- 
powered to  admit  an  appeal  from  a  judg- 
ment, .         , 4 

of  superior  court  of  judicature,   etc.,   in,  im- 
powered to  hear  a  cause  in  chancery,         .  5 
of  superior  court  of  judicature,   etc.,   in,   im- 
powered to  hear  and  try  action,        74,  679,  7 
of  superior  court  of  judicature,  etc.,   in,   im- 
powered   to    recommit    report    made    by 
referees  in  a  certiain  action,         .         .         .2 
Woj"cester  County: 
of  inferior  court  in,  impowered  to  hear  and  try 

an  action, .3 

York  County: 
of  court  of  general  sessions  in,  impowered  to 

grant  a  license, 4 

of  superior  court  of  judicature,  etc.,  in,  im- 
powered to  hear  the  cause, 
chief,  allowance  to,  .         .         .         .        86,  181,  283,  i 
of  superior  court  of  judicature,  etc.,  allowance  to,  I 
181,  283,  388,  441,  497,  503,  578,  668  bis,  669  b 
7S0,  781  ter 
of  superior  coiut  of  judicature,  etc.,   directions 

to,  relative  to  issuing  warrants,  .         .  1 

of  superior  court  of  judicature,  etc.,  impowered  to 

recommit  a  cause  to  certain  referees,  .  ^ 

quorum  unus  of 244,  341,  448, 4 


K. 


KINGSTON,  Town  of. 

allowance  to 

KITTEEY,  Town  of. 
First  pariah  in: 
collector  of  taxes  in,  impowered  to  finish  collect- 
ing the  taxes 


BCCTTERT,  Town  of  —  continued. 
Notary  PubUc  for,  chosen,    93,  180,  296,  445,  492,  585, 
675,  750 


L. 


LAND  BANE. 

allowance  for  serWces  in  relation  to,        .         .         .  480 
commissioners  of,  appointment  of,  ...  219 

committee  on,  to  make  report  in  writing,       .         .  296 

hearings  on,  appointed, 290,  291 

LANDS. 
allowance   to   Ebenezer   Hathaway  for   loss  of,  .  693 
assessment  of  taxes  on: 

in  Warwick,  belonging  to  delinquent  proprietors,  158 
Zerubbable  Ball  impowered  to  sell  real  estate,         .  165 
Timothy  Ballard,  jr.,  and  William  Chandler  im- 
powered to  reconvey,  ....  408 


LANDS  —  continued. 

Desire  Bangs,  executrix  of  Benjamin  Bangs,  em- 
powered to  reconvey,  .  ■  '• 

belonging  to  estate  of  Thomas  Jewett,  relative  to 
sale  of, ■ 

Jacob  Bennett,  administrator,  impowered  to  re- 
convey,         ' 

between  District  of  Shelbm-ne  and  Charlemont, 
confirmed  to  Timothy  Farley,    . 

Joseph  Blake  impowered  to  sell  real  estate,  . 

John  Borghardt  impowered  to  lay  out,  . 

William  Bosson  impowered  to  sell  real  estate,        .  ' 


Index. 


877 


LANDS  —  continued. 

Henry  Young  Brown  directed  to  defend  himself 

against  actions  relative  to,  purchased,  140,  355, 
392 
James  Bryant  impowered  to  sell  real  estate,  .  802 

Abijah    Burrage    with    guardian    impowered    to 

execute  a  deed, 546 

Abigail  Carter,  administratrix,  impowered  to  re- 
convey,        .......  346 

certain  Indians  impowered  to  exchange,  624  bis 

certain,  belonging  to  John   Totman  annexed  to 

Worcester,    .......  663 

certain,  belonging  to  this  Province  to  be  ascer- 
tained, .......  739 

certain,  between  Charlemont  and  Deerfield  River 

granted  to  Samuel  Pierce,  ....  597 

certain,  with  the  inhabitants  thereof,  annexed  to 

Becket, 575 

Ann  Cheney  impowered  to  sell  real  estate,     .         -    14 
Sarah  Chipman  and  William   Ripley  impowered 

to  sell  real  estate,         .....  423 

committee  of  Rehoboth  impowered  to  sell  certain,  694 
confirmation  of: 
to  Jonathan  Bagley,      ......  161 

to  Samuel  Brown,  jr.,  and  William  Goodrich,  .  592 
to  Anderes  Garner,        ......  580 

to  Middlecot  Gooke, 302 

to  Benjamin  Griggs 763 

to  heirs  of  Jashur  Wyman, 118 

to  David  IngersoU 486 

to  Cornelius  Jones,        ......  762 

to  Gapt.  Moses  Little, 382 

to  Joshua  Locke,  .......  603 

to  Ebenezer  Olds 631 

to  Oliver  Peabody  and  others 721 

to  Jonathan  Petit,         ......  763 

to  Samuel  Pierce,  ......  683 

to  proprietors  of  Huntstown,        .         .         .         .27 

to  Samuel  Rice, 491 

to  Jonathan  Sprague, 720 

to  Rev.  Ezra  Thayer, 335 

to  Beriah  Tree, 676,  760 

to  Joseph  Washburn,    ......  819 

Ann   Cutler  impowered   to  join   in    sale   of  real 

estate 62 

deeds  of,  certain  persons  impowered  to  execute,   12, 
22,  121,  133.  143,  191,  229,  233,  425,  427.  428,  433, 
434,  494,  502,  511,  546,  548,  556,  691,  710,  712  bis, 
713.  715.  754,  755,  793,  817 
Samuel  Dutch  and  John  Dutch  impowered  to  sell 

real  estate,  .......  216 

Josiah  Edson  impowered  to  sell  part  of  lot  of  land, 

belonging  to  Deborah  Brand,     .         .         .  169 
equivalent: 
confirmed  to  Gapt.  Henry  Young  Brown,     202,  806 
confirmed  to  Samuel  Brown,         .         .  .352 

confirmed  to  William  Bullock  and  others  for  a 

township, 564 

confirmed  to  Story  Daws  and  Peter  Roberts,  .  119 
confirmed  to  Samuel  Dexter,  ....  230 
confirmed  to  Francis  Fullam,       .         .  .698 

confirmed  to  Gapt.  Joshua  Fuller  and  others  for 

a  township, 593,  688 

confirmied  to  heirs  of  Rev.  Thomas  Gobbet,  .  210 
confirmed  to  heirs  of  Edward  Park,  .  .  .  584 
confirmed  to  heirs  of  Elizabeth  Rand,  .  .  572 
confirmed  to  Caleb  Holden  and  others,  .  .  764 
confirmed  to  Ephraim  Keys,  ...  64,  232 
confirmed  to  legal  representatives  and  heirs  of 

company  under  Gapt.  William  Raymond,  169 


LANDS  —  continued. 
equivalent  —  continued. 
confirmed  to  legal  representatives  and  heirs  of 

William  Tailer, 

confirmed  to  Samuel  Livermore  and  others, 
confirmed  to  Benjamin  Prescott, 
confirmed  to  James  Prescott  and  others, 
confirmed  to  proprietors  of  Bakerstown, 
confirmed  to  proprietors  of  Bernardston,    . 
confirmed  to  proprietors  of  Groton,     . 
confirmed  to  proprietors  of  Rowley-Canada  for 

a  township,  .... 

confirmed  to  Uxbridge, 
confirmed  to  Hezekiah  Ward  and  others,  relative 

to 233,  : 

confirmed  to  Samuel  Watts  and  others,  .  ^ 

confirmed  to  Joseph  Weld  and  others.  .  .  ] 
confirmed  to  Aaron  Willard  and  others,  .  1 

confirmed  to  John  Wolcot  and  others,  .  i 

confirmed  to  Edward  Woodman,  .         .  I 

confirmed  to  Ross  Wyman  and  Hezekiah  Wyman,  < 
granted  to  John  Borghardt,  .  .         .  1 

granted  to  Gapt.  Henry  Young  Brown,  .  140,  < 
granted  to  Samuel  Brown,   .  .  i 

granted  to  William    Bullock  and  others  for  a 

township .  I 

granted  to  Story  Daws  and  Peter  Roberts, 

granted  to  John  Dennis i 

granted  to  Joseph  Frye,  .  .  .  .  .  ( 
granted  to  Francis  Fullam,  .         .         .         ,  f 

granted  to  Gapt.  Joshua  Fuller  and  others  for  a 

township,     .         .         .  .  I 

granted  to  Ebenezer  Hartshorn,  relative  to,    323, 7( 

granted  to  heirs  of  Rev.  Thomas  Gobbet,  . 
granted  to  heirs  of  Gapt.  John  Lovewell  and 

associates  for  a  township,  .  .  i 

granted  to  heirs  of  Benjamin  Prescott  of  Groton,  4 

granted  to  John  Hill, ( 

granted  to  Caleb  Holden  and  others,  .         .  / 

granted  to  Joseph  Josselyn,  .         .  "i 

granted   to   legal  representatives  and   heirs  of 
company  under  Gapt.  William  Raymond, 
granted  to  legal  representatives  and  heirs  of  com- 
pany under  Gapt.  Joseph  Sylvester, 
granted    to    legal    representatives    of    William 

Tailer 

granted  to  Samuel  Livermore  and  others  for  a 

township, t 

granted  to  James  Otis  and  others  for  a  town- 
ship,         542,  5 

granted  to  Benjamin  Prescott,     .  .  £ 

granted  to  proprietors  of  Bakerstown, 

granted  to  proprietors  of  Bernardston,  relative 

to, 

granted  to  proprietors  of  Colrain.  .  .  44,  S 
granted  to  proprietors  of  Groton.  .  .  .  I 
granted  to  proprietors  of  Rowley-Canada  for  a 

township,  relative  to,  47,  239,  4 

granted  to  proprietors  of  Townsend,   . 
granted  to  Mrs.  Elizabeth  Rand, 
granted  to  Uxbridge,    .... 
granted  to  Hezekiah  Ward  and  others, 
granted  to  Samuel  Watts  and  others, 
granted  to  Joseph  Weld  and  others,     . 
granted  to  Aaron  Willard  and  others, 
granted  to  Joshua  Winslow  and  others, 
granted  to  Peleg  Wiswall,  relative  to. 
granted  to  Edward  Woodman.     . 
granted  to  Ross  Wyman  and  Hezekiah  Wyman, 


878 


Index. 


LANDS  —  continued. 
feoffees  in  trust  for  free  school  in  Roxbury,  im- 

powered  to  sell  land,  .....  254 
further  time  allowed  heirs; 

of  Elizabeth  Rand  to  lay  out 308 

of  Peleg  Wiswall  to  lay  out 386 

Maj .    Samuel    Gerriah    impowered    to    sell    real 

estate, 1S5 

Samuel  Gill  and  others  impowered  to  sell  real 

estate, 137 

gore  of,  adjoining  Colrain,  granted  to  the  pro- 
prietors aa  an  equivalent,  .  -44,  596 
gore   of,   granted   by   proprietors  of    District   of 

Mashpee  to  Lemuel  Howland,   .  .  599 

grant  of: 
on  Taconic  Mountain  to  Nathan  Benjamin  and 

others,  relative  to,        ...  .    760,  811 

to  Asa  Douglass  and  others,         ....  532 
to  Samuel    Gerrish  and  others    (Bakerstown), 

new  plan  of,  to  be  presented,     .         .         .  356 
to  Charles  Goodrich  and  others,  .         .         .  521 

to  heirs  and  assigns  of  Joseph  Tree,     .  .  558 

to  Chileab  Smith, 351 

to  Jonathan  Sprague, 658 

to  Joseph  Washburn,    ......  738 

Daniel  Gray  impowered  to  sell  his  son's  part  of 

certain  real  estate,        .....  640 

Richard  Gridley  impowered  to  sell  real  estate,     .  415 
guardians  of  children  of  Clifton  Wing  impowered 

to  exchange  real  estate,       ....  149 

Theodore  Hoyt  impowered  to  sell  real  estate,        .    75 
in  Ashfield,  confirmation  of  sale  of,       .  .  726 

in  Fitchburg  belonging  to  non-resident  proprietors, 

tax  assessed  on,  ......  191 

in  North  Yarmouth,  belonging  to  heirs  and  legal 
representatives  of  sundry  proprietors,  con- 
firmed,   637 

in  Plymouth  County,  mortgaged  to  the  Province, 

relative  to, 95,  212,  320 

interest  on  purchase  money  of  certain,  allowed 

Joseph  Lee, 41 

Ebenezer  Johnson  impowered  to  sell  the  part  of 
an  estate  belonging  to  a  non  compos  per- 
son,       522 

known  as  Wachusett  Hill  granted  to  Rev.  Timothy 

Fuller, 276 

Moses  Little  impowered  to  sell  real  estate,  .  625 

Joshua  Locke  impowered  to  lay  out,  on  Hoosac 

Mountain,    ..,,...  519 
Rachel  Macey  impowered  to  sell,    .  .693 

Hannah  Mansfield  impowered  to  sell,  .  .  675 

Abigail  Mason  impowered  to  execute  a  deed  of 

sale  of, 433 

Ebenezer  Mason  to  join  with  others  in  the  execu- 
tion of  a  deed,     ......  556 

Jemima  Miles  impowered  to  sell  real  estate,  .         .  342 
ministerial,  in  Easton,  relative  to,  ...  636 

Thomas  Nichols  and  wife  impowered  to  sell,         .  665 
Samuel  Park  and  Joshua  Heminway  impowered  to 

sell 627 

William  Parson  and  others  impowered  to  sell  real 

estate, .67 

Province: 

between  Dudley  and  District  of  Douglas,  allow- 
ance for  ser\'ices,  relative  to,       .         .  600 
granted  to  Timothy  Ruggles,  relative  to,  520,  555  bis 
in  Hampshire  and  Berkshire  Counties: 
committee  to  appraise,  allowance  to,        .         .  589 

committee  to  survey, 419 

surveying,  allowance  for  expense  of,  .  502 


LANDS  —  continued. 
Province  —  continued. 
in  the  Greenwoods: 

confirmed  to  Henry  Spring 767 

granted  to  Ebenezer  and  Joel  Trumble,  .    339,  535 
on  both  sides  of  Deerfield  River: 
committee  impowered  to  execute  a  deed  to 

William  Denny, 767 

relative  to  sale  of, 737,  761 

on  North  side  of  Princeton,  relative  to,  558,  727,  790 
title  to  certain,  released  to  Humphrey  Denand,  352 
viewing  and  appraising,  allowance  for  serWces  in, 

292  bis 
West  of  Lanesborough,  granted  to  Jacob  Gleason 

and  others, 305 

West  of  Sheffield: 

confirmed  to  Joash  Rice, 765 

confirmed  to  James  Saxton,      ....  610 
confirmed  to  Dirch  Spoor  and  others,  .  610 

Sarah  Ross  impowered  to  sell  real  estate,  .  303 

sale  of: 
belonging  to  Thomas  Bartlett  for  reimbursement 

of  taxes,  etc., 625 

belonging  to  Indians,     17,  70,  83,  169,  171,  189,  241, 
272,  299.  318,  324,  337,  381,  415,  416,  557,  563, 
577,  592,  593,  595,  652,  678,  731,  732,  741.  774 
belonging  to  the  ministry  in  the  First  parish  in 

Lynn,  relative  to, 437 

by  executor  or  administrator,  15,  21,  22  bis,  24  bis,  25, 
29,  30,  53,  55  bis,  59,  61  bis.  76,  77,  78,  80,  81,  82, 
116,  117,  119,  126,  130,  132,  143,  144.  154,  156,  162. 
164  bis,  165,  170,  188,  189,  193,  204,  214.  251,  265, 
267,  268,  271,  274  bis,  275  bis.  276.  278  bis,  282, 
293,  297,  298.  301,  304,  307.  310.  311,  312,  314, 
315.  317,  336.  348,  354,  355,  357  bis,  358,  359,  383» 
384,  385,  405  bis,  406,  410  bis,  411,  412,  413,  414, 
416,  417  bis,  419,  422.  426,  428,  431,  432  bis,  435, 
436  bis,  437,  439.  440,  449.  470,  474,  476,  479,  480, 
481,  508,  509.  512.  523,  533  bis.  543.  549.  550.  554, 
557,  559,  563,  586,  591,  602,  606.  620,  622,  623,  627, 

634,  635,  647,  657,  662.  665,  666,  667,  691,  695,  696, 
697,  699,  715,  717  bis,  718,  733  bis,  737,  773  bis, 
785,  787,  791,  793,  801,  816 

by  guardian,  13,  21.  23.  27.  34,  36,  52,  54,  56,  84  bis, 
131,  132.  133.  157.  160.  170,  172,  178,  188, 192, 199, 
202,  206  bis,  228,  234,  242.  245,  269,  273,  286,  287 
bis,  298,  307,  308,  318,  319,  321,  334  bis,  336,  341, 
343,  348,  394.  397  bis,  406,  422.  429.  433,  456,  458, 
486,  490,  505,  510  bis,  513,  516.  518,  539,  543,  548, 
559,  560,  569,  576,  577,  589,  590,  602.  621,  626,  629, 

635,  638,  &41.  644,  658.  677,  678,  684.  685  bis,  686, 
734,  748.  763,  772  bis,  785,  789,  791,  792,  810.  818 

in  Ashfield  for  taxes,  to  be  stayed,  .    450.  654 

to  discharge  mortgage,  .         .         .     193, 241, 299 

Samuel  Smead  and  Mindwell  his  wife  impowered 

sell  part  of  an  estate,  .         .         .775 

Robert  Saunders  and  wife  impowered  to  sell  real 

estate, 100 

stay  of  proceedings  relative  to  title  to,  .  .  .  716 
William  Stone  impowered  to  sell  an  estate,  .  .  55 
John  Thaxter  impowered  to  sell  real  estate,  .  .  803 
tract  of,  called  Furness  Grant,  relative  to,  .  587,  692 
tract  of.  granted  to  Oliver  Peabody  and  others,  .  639 
tract  of,  partly  in  Templeton  and  partly  in  Athol 

erected  into  a  precinct,       ....  759 
tract  of.  West  of  St.  Croix  River,  called  Machias, 

granted  to  Ichabod  Jones  and  others.         .  446 
Lydia  Ware  impowered  to  sell  the  right  of  her  hus- 
band in,  granted  to  Samuel   Gallop   and 
others, 650 


Index. 


879 


LANDS  —  continued. 
West  of  Pittsfield,  sold  to  Benjamin  Goodrich  and 

others,  relative  to,       ...         .    136,  : 
West  of  Sheffield,  expense  of  viewing,  etc.,  certain, 

allowed,        .  .  .  ! 

West  of  Sheffield  and  Stockbridge,  Joseph  Hawley 
to  make  report  of  a  certain  committee 
on,  ,  .  ,  ; 

widow  of  Samuel  Willson  to  sell  her  dower  in  an 

estate,  .         .         .  .         .  '• 

Tiiiiotliy  Woodbridge  impowered  to  sell  land,        .  i 
LANESBOROUGH,  Town  of. 
Province  Laws,  books  of,  allowed  to,      . 
taxes  in,  assessment  of,  on  lands  of  delinquent 

proprietors, 1 

LARCENY. 

of  sundry  articles, 142,  266,  ( 

stealing  of  sheep, *   .         .  I 

LAWS,  PROVINCE. 
books  of,  allowed: 

to  Ashfield, 

to  Becket, 

to  Charlemont, 

to  Chesterfield 83,  J 

to  District  of  Cohasset, -i 

to  District  of  Conway, I 

to  District  of  Hubbardaton,         .         .         .         .  I 

to  District  of  Lenox,     , < 

to  District  of  Mansfield, ■■ 

to  District  of  Northborough,        .... 

to  District  of  Shelburne, < 

to  District  of  Stoughtonham,       .... 

to  District  of  Ware < 

to  District  of  Wellfleet, '< 

to  Fitchburg, 

to  Ck>rham,   . 

to  Harvard  College 

to  Lanesborough, 

to  Murrayfield, 

to  new  towns  and  districts,  .         .         .         .  ' 

to  Phillipstown,  now  Sanford,  Maine,        .         .  I 
to  Pigwacket,         .  .  .         .  I 

to  Richmond  (Riehmont), 

to  Royalston, 

to  Tyringham. 

to  Wilbraham 

to  WilUamstown, 

to  Windham  (New  Marblehead), 

to  Worthington, ^ 

books  of,  to  be  delivered: 

to  District  of  Douglas, J 

books  of,  to  be  furnished: 
to  towns  and  districts  not  supplied,    .         .         .  I 
LEICESTER,  Town  of. 
certain  inhabitants  of,  and  of  Worcester,  Oxford 
and  Sutton  erected  into  a  precinct,    .         .  ' 
LENOX,  District  of. 
certain  inhabitants  of,  with  their  estates,  annexed 
to  Riehmont,  .         .         .         .  I 

Province  Laws,  books  of,  allowed,  .         .  ^ 

LEOMINSTER,  Town  of. 
certain  inhabitants  of,  to  pay  taxes  only  in  First 
precinct,       ....... 

fine  remitted  to,       .  .         .  i 

Second   precinct   in,   certain  inhabitants   to  pay 
taxes  to,       .         .         .         .         .         .         .  ] 

LEXINGTON,  Town  of. 
allowance  to,     .......         . 

certain  family  in,  with  his  estate,  annexed  to  Bed- 
ford,     ; 


LEXINGTON,  Town  of  —  continued. 
selectmen  of: 

to  procure  a  passage  for  Hamilton  Hussey  to  his 
native  country,  

to  provide  for  the  support  of  a  certain  family, 
LICENSES. 
granted  to  the  following  persons  aa  innkeepers: 

Elijah  Bent,  Sudbury, 

Jacob  Calmehorn,  The  Crore,  West  of  Pittsfield. 

William  Goodhue,  Salem,     . 

William  Goodrich,  Stockbridg 

Samuel  Leonard,  Springfield, 

Margaret  Moore,  Boston, 

Samuel  Read,  Uxbridge, 

Tilley  Rice,  Brookfield, 

Jonathan  Webb,  Salem, 
granted  to  the  following  persons  to  sell  spirituous 
liquors: 

John  Barnard,  Salem,  ...... 

Thomas  Britt,  Boston, 

Henry  Young  Brown,  Pigwacket, 

Samuel  Caldwell,  Taunton,  .... 

Joseph  Frye,  Fryeburg 

Isaac  Hall,  Medford,     .  .         . 

Mary  Marshall,  Boston,        ..... 

Robert  Orr,  Dighton, 

John  Pigeon,  Newton, 

Mary  Tailer,  Boston, 

Elizabeth  Trefry,  Boston 

LIGHTHOUSES. 
Beacon  Island: 

keeper  of,  allowance  to,  for  services,  etc,    83,  1 
265,  385,  446,  502,  588.  657, 
on  Thatchers  Island: 

committee  to  build,  appointment  of,  , 

committee  to  take  care  of,  appointment  of, 

keeper  of,  allowance  to,  for  services,    . 

to  be  erected, 

Plymouth  Harbor: 

allowance  for  building, 

committee  to  take  care  of,  appointment  of, 

directions  to  committee  to  build,         .         .         .  ■ 

keeper  of: 
allowance  to,  for  services,  etc.,    458,  500, 5S7,  672, 
to  be  appointed, 

to  be  built,    .... 

to  be  supplied,  with  oil,  etc., 
LIMITATION  OF  ACTIONS. 
for  damages  for  laying  out  roads, 
Province  Statute,  14  George  II, 
LINCOLN  COUNTY. 
collector  of  excise  for,  chosen, 
farmers  of  excise  in: 

Col.  Charles  Gushing,  appointment  of,        .         .68 
new  plantations  in,  notifications  of  meetings  in, 

to  choose  officers,         .....  792 

Notary  Public  for,  chosen,    93,  ISO,  296,  445,  492,  585, 

675,  750 

treasurer  of,  account  allowed,     101,  367,  477,  607,  735 

LIQUORS,  SPIRITUOUS. 

collectors  of  excise  on; 

for  all  the  counties,  chosen, 
excise  on,  remitted  to  Hewit  Root, 
licenses  granted  to  the  following  persons  to  sell: 

John  Barnard,  Salem,  . 

Thomas  Britt,  Boston, 

Henry  Young  Brown,  Pigwacket, 

Samuel  Caldwell,  Taunton, 

Joseph  Frye,  Fryeburg, 

Isaac  Hall,  Medford,     . 


880 


Index. 


LIQUORS,  SPIEITtrOTTS  —  continued. 

licenses  granted  to  the  following  persona  to  aell  — 
continued. 

Mary  Marshall,  Boston, 272 

Robert  Orr,  Dighton 298 

John  Pigeon,  Newton, 341 

Mary  Tailer,  Boston 754 

Elizabeth  Trefry,  Boston 281 

LITTLETON,  Town  of. 

fine  remitted  to 816 

LOAN. 
of  £100,000: 
Thomas  Hutchinson,  commissioner  of,  impow- 
ered  to  bring  action  of  ejectment  against 
persons  illegally  occupying  Province  lands, 
etc., 7 


LOAN  —  continued. 
of  tiaafiOn  — continued. 
Province  Lands  in  Plymouth  County  mortgaged 

to  the  Province  in,  relative  to,    95,  212,  320 
LOUISBUEG  EXPEDITION. 
allowance  for  ser^aces  in,  ...       43,  103,  784 

soldiers  wounded  in  service  at  Louisburg,  pension 

aUowed 74,  347,  534 

wages  due  soldier,  as  lieutenant  at  Louisburg,  al- 
lowed,   32 

LYNN,  Town  of. 
First  parish  in: 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  the  Third  parish,  .         .         .  743 
relative  to  sale  of  land  belonging  to,    .         .         .  437 


M. 


MAGAZINES. 

for  gunpowder,  committee  appointed  to  oversee 

the  buildin?  of, 570 

old  powder,  in  Boston,  materials  of,  to  be  sold,    628,  709 
MAINE,  PEOVINCE  OF  (so  called), 
boundary  between  New  Hampshire  and,  relative 

to, 65,  106,  140 

MANSFIELD,  District  of. 

Province  Laws,  booka  of,  to  be  furnished  to,  .         .  467 
MANUFACTOEY  HOUSE. 

realtive  to  the  sale  of,      .         .         .         .     104,  153,  162 
MARBLEHEAD,  Town  of. 

Notary  Public  for.  chosen,    93,  180,  296,  444,  492,  585. 
675,  750 
MARRIAGE. 

intermarriage  of  negro  and  Indian,                    .         .  665 
MASSACHUSETTS  BAY,  PROVINCE  OF. 
boundary'  between: 
and  Connecticut,  relative  to,        ...         .  771 
and  New  Hampshire,  relative  to,    43,  44  ter,  45  his, 
46  ier,  47  bis,  48  bis,  58,  65,  66.  208,  211,  323,  356, 
425,  457,  477,  514,  537  his,  53S,  542,  552,  561,  596, 
605,  622,  689,  690,  735  Us,  736,  747,  752,  753,  7&4, 
770,  786 
and  New  York,  relative  to,    211.  216,  249,  253,  254, 
279,  291,  322,  326,  352,  680,  729,  736 
secession  of  certain  towns  in,  to  Connecticut,  rela- 
tive to, 312 

MASSACHUSETTS  GAZETTE  (see  Newspapers), 
publication  in: 
of  sale  of  certain  Pro\'ince  land  on  North  side  of 

Princeton, 558 

of  sale  of  land  belonging  to  delinqusnt  proprietors 

of  District  of  New  Salem,  ....  540 
of  sale  of  Province  lands  on  Deerfield  River,       .  737 
MASSACHUSETTS,  the  sloop. 

establishment  of,  to  be  discontinued,     .         .         .  175 
MATTAKESET  INDIANS. 

guardians  of,  account  of,  allowed,  ....  768 
MEDICINE. 
and  attendance  upon  certain  Indians,  allowance 


for, 


571 


MEDWAY,  Town  of. 
overseers  of  the  poor  in: 
allowance  to,  for  support  of  a  poor  person,  .  - 

MEETING-HOUSES. 
in  Ashburnham,   sundry  inhabitants  of   certain 

places  exempt  from  taxes  on, 
in  Dighton,  relative  to  collection  of  taxes  for  build- 


ing, 


MEETING-HOUSES  —  continued. 
in  District  of  Amherst,  relative  to,  .     721,  751,  806 

in  Fitchburg,  sundry  inhabitants  of  certain  places 

exempt  from  taxes  on,         .  .         .41 

in  Grafton: 
guardians  of  Hassanimisco  Indians  impowered 

relative  to,  ......         .  504 

MENDON,  Town  of. 
First  precinct  in,  certain  inhabitants  of  the  East- 
erly precinct,  with  their  estates,  annexed  to,  205 
MESSENGER  {see  Doorkeeper). 
HIDDLEBOROUGH  INDIANS. 
impowered  to  sell  land: 

John  Barker, 415 

Israel  Felix 337 

Lydia  Squinn,       . 577 

MIDDLEBOROUGH,  Town  of. 
boundary  between  Taunton  and: 
allowance  to  committee  on,  ....  504 

established, 503 

re-assessed  a  certain  sum,  to  be  added  to  next 

Province  tax,        ......  155 

MIDDLESEX  COUNTY. 
collector  of  excise  for,  chosen,  .         .         .         .93 

inferior  court  and  court  of  general  sessions  in,  ad- 
journment of,      .....         .  163 

judge  of  probate  for,  impowered  to  allow  more 
time  to  commissioners  for  receiving  claims 
against  an  insolvent  estate,         .         .         .  237 
judge  of  probate  for,  impowered  to  assign  certain 

part  of  an  estate  to  Amasa  Cranston,        .  495 
justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license,        ....    199,  585 

superior  court  of  judicature,  etc.,  in,  date  of  session 

of,  advanced, 699 

treasurer  of,  account  allowed,    37,  138,  250,  366,  393, 
477,  561,  640,  724 
MIDDLETON,  Town  of. 
certain  sum  to  be  laid  on,        .....  459 

MILTON,  Town  of. 

discharged  conditionally  of  a  certain  sum,     .         .  673 
MINISTERIAL  LANDS. 

in  Rochester,  relative  to  trespassers  on,  .  96 

MINISTERIAL  TAXES. 
in  Ashfield  (Huntstown),  relative  to,      .         .    333,450 
in  Charlemont,  assessed  on  lands  of  non-resident 

proprietors.  ......  186 

in  Dighton,  relative  to,    .  409,  506,  565  bis 

in  District  of  South  Brimfield.  relative  to,     .         .237 
in  parish  of  Pocasaet  (in  Sandwich),  relative  to,     .  516 


Index. 


881 


MINISTRY. 

in  District  of  Conway,  assessment  of  tax  for  sup- 
port of 350 

in  District  of  Oakham,  assessment  of  tax  for  sup- 
port of  a  minister, 176 

in  Lanesborough,  relative  to  the  support  of  a  min- 
ister,      172 

in  Provincetown,  allowance  for  support  of,    340,  450. 
488,  598 
in  Sherborn,  certain  sum  granted  for  the  settle- 
ment of  a  minister,      .....  446 
land  belonging  to  the,  in  First  parish  in  Lynn,  rela- 
tive to  sale  of, 437 

MINORS. 
guardians  of: 
empowered  to  sell  land,  21.  27,  36,  52,  54,  131.  133,  144, 
157,  159,  188,  192,  206,  228,  245,  273,  274,  286,  287 
bis,  334  bis.  341,  422,  429,  458,  510,  518,  543,  548, 
559,  560,  567,  569.  576,  577,  629,  635,  638,  644,  678, 
684.  685  bis,  696,  698,  739,  748.  768,  772,  791,  792, 
805,  818 
impowered  to  sell  minor's  interest  in  land,    84  i 
178,  199,  202,  206,  242,  269,  317,  319.  336,  343,  c 
433,  456,  486,  490.  590,  602,  621,  626,  686,  763. 
with  others  impowered   to  sell  land,     13,   34,  1 
30S,  348,  505,  510,  513,  516,  539,  589,  658,  4 
810 
MISSIONARIES. 
for  the  Eastern  parts  of  the  Province: 
account   of   committee   appointed    to   employ, 

allowed,  

annual  allowance  to,     .....         . 

MOHAWK  INDIANS  (see  SLx  Nations). 


MONSTER  OF  MONSTERS.     " 

pamphlet  entitled,  ......  167 

MONTREAL,  CANADA. 

fire  in.  relative  to  relief  of  sufferers  from,       .         .  340 
MORTGAGE. 
of  lands  in  Plymouth  County  to  the  Province,  rela- 
tive to. 95,  212, 320 

on  estate  of  Capt.  Daniel  Denny,  relative  to,        .  193 
redemption  of,  .......  394 

sale  of  land  belonging  to  Indians,  todischarge,    241,  299 
MURRAYEIELD.  Town  of  (Chester).* 
confirmation  of,  to  Timothy  Paine  and  others,      .  123 
list  of  valuation  of  estates,  to  be  taken,  .         .  286 

Province  Laws,  books  of,  allowed  to,      ,  .83 

MUSTER  ROLLS. 
amount  stopped  out  of  wages  of  soldiers  on,  allowed 

to  Osgood  Carleton, 257 

committee  to  examine,  allowance  to,       .  .  201 

of  Capt.  Johnson  Moulton: 

wages  due  Benjamin  Ayers  omitted  on,  allowed,    186 
of  Capt.  William  Page: 

deficiencies  in  wages  of  divers  soldiers  on,  allowed,    11 
of  Capt.  Jeremiah  Richards: 

wages  due  Joseph  Skinner  ou,  allowed  his  widow,    210 
of  Capt.  Elisha  Turner: 
wages  due  William  Finley  on,  allowed  his  execu- 
tor.        150 

Province  Treasurer  to  pay  sums  due  soldiers  and 

others  on, 201 

wages  omitted  on,  allowed: 

to  John  Lakeman, 196 

to  Jacob  Martin, 196 

to  widow  of  Jedediah  Holmes,     .         .         .         .11 


N. 


NANTUCKET  COUNTY. 

collector  of  excise  for,  chosen,  .         .         .         .93 

NANTUCKET,  Town  of. 
Notary  Public  for,  chosen,    93,  180,  296,  444,  492,  5S5, 
675,  750 
NARRAGANSETT    TOWNSHIP     NUMBER 
ONE  (Buxton,  Maine), 
plan  of,  and  certain  other  townships  with  boundary 

Unes  of  certain  towns,  relative  to,      .    228.  253 
NARRAGANSETT    TOWNSHIP    NUMBER 
SEVEN  (Gorham,  Maine), 
plan  of,  and  certain  other  townships  with  bound- 
ary lines  of  certain  towns,  relative  to,    228,  253 
NATICK,  District  of. 
impeachment  of  proceedings  relative  to  collecting 

assessment  in, 270 

NATICK  INDIANS. 
certain  sum  allowed  Rev.  Stephen  Badger  for  the 

support  of  poor, 240 

guardians  of: 
chosen,  ........  572 

discharged  from  service  at  their  request,     .         .  520 
impowered   to   build  a  house  for  Esther  Soo- 

duck, 449 

impowered  to  sell  land,  .  .         ,17 

impowered  to  sell  land; 
Job  Ahauton  and  wife  and  Elizabeth  Spean,      ,  732 
Sarah  and  Deborah  Comecho,     ....  596 

John  Ephraim 595 

Jonas  Obsco  and  Mary  Obsco,      ...  652 

Patty  Pegan 324 

Elizabeth  Tray, 731 

Benjamin  Wiser,  administrator,  ....  318 


NEEDHAM,  Town  of. 

fine  remitted  to, 807 

NEW  HAMPSHIRE. 

boundary  between,  and  the  Province  of  Maine  (so 

called),  relative  to,      .  .65,  106,  140 

boundary  between  Province  of  Massachusetts  Bay 

and,  relative  to,    43,  44  ter,  45  bis,  46  ter,  47  bis, 
48  bis,  58,  65,  66,  208,  211,  323,  356,  425,  457,  477, 
514,  537  bis,  538,  542,  552,  561,  596,  605,  622.  689, 
690,  735  bis,  736,  747,  752,  753,  764,  770,  786 
NEW  PLYMOUTH  COLONY  LINE  {see  Old  Col- 
ony Line). 
NEW  SALEM,  District  of. 
assessors  in,  impowered  to  sell  lands  of  delinquent 

proprietors, 540 

boundary  between  new  grant  to,  and  Capt.  John 

Erving's  grant,  confirmed,  .  .694 

NEW  YORK. 
boundary  between  Province  of  Massachusetts  Bay 

and,  relative  to,     211,  216,  249,  253,  254,  279, 
291,  322,  326,  352,  680,  729,  736 
Congress  at: 

allowance  to  committee  at, 98 

allowance  to  John  Cotton  as  clerk  at,          .         .  102 
NEWBURY,  Town  of. 
First  and  Third  parishes  in,  order  relative  to  ex- 
empting certain  persons  from  taxes  in,  con- 
strued,   452 

Notary  Public  for,  chosen,        93,  ISO,  296,  444,  492,  585 

relative  to  taxes  in, 18,  387 

NEWBURYPORT,  Town  of. 

Notary  Public  for,  chosen 675,  750 

relative  to  taxes  in, 18,  387 


882 


Index. 


NEWSPAPERS. 

publication  in: 
of  a  meeting  in  Pennacook,  relative  to  claims  in 

the  new  township  on  Androscoggin  River.  747 
of  debts  due  the  Province  from  the  towns  and 

districts 209 

of  sale  of  certain  Province  land  on  North  side  of 

Princeton,    .......  558 

of  sale  of  farm  in  Waltham,  ....  546 

of  sale  of  land  belonging  to  delinquent  propri- 
etors: 

of  District  of  New  Salem 540 

of  District  of  Oakham,      ....    177,  201 

of  Fitchburg, 191 

of  Warwick, 158 

of  sale  of  manufactory  house  and  land,       .    104,  153 
of  sale  of  Province  lands  on  Deerfield  River,       .  737 
relative  to  a  land  tax  in  District  of  South  Brim- 
field 237 

relative  to  disputes  about  transfers  in  Townsend 

(North  Town) 601 

relative  to  interest  on  Government  securities,  146,  811 
relative  to  sale  of  rights  of  delinquent  proprietors 

of  a  certain  township,          ....  239 
relative  to  the  running  of  the  Old  Colony  Line,     &42 
NOBLETOWN  (now  Hinsdale,  New  York), 
several  journeys  from,  to  Boston,  allowanoe  for  ex- 
pense of 200 

sufferers  in,  on  account  of  depredations  by  people 

from  New  York,  relative  to,  .    198,  254 

NORTH  YARMOUTH,  Town  of. 
certain  lots  of  land  in,  confirmed  to  heirs  and  legal 

representatives    of    sundry     proprietors,        .  637 
Province  tax  in,  certain  proportion  of  Province 

tax  taken  from  Gorhamtown,  added  to,    .  100 
NORTHBOROUGH,  District  of. 

Province  Laws,  books  of,  allowed  to,      .         .         .    81 
NORTHBRIDGE,  District  of. 

to  lie  assrssL'd  a  certain  amount,     .         .         .         .80S 

iJOTARIES  PUBLIC. 

for  Barnstable  (town  of)  chosen,     93,  180,  296,  444,  492, 

585,  675,  750 

for  Boston,  chosen,      93,  180,  296,  444,  492,  585,  675,  750 

for  Bristol  County,  chosen,    93,  180,  296,  444,  492,  585, 

675,  750 

for  Charlestown,  chosen,  296,  444,  492,  585,  675,  750 

for  Chatham,  chosen, 675,  750 

for  Edgartown,  chosen,    93,  180,  296,  444,  492,  585,  675, 

750 

for  Falmouth  (Barnstable  County),  chosen,    93,  180, 

296,  444,  492,  585,  675,  750 

for  Falmouth  (Cumberland  County),  chosen,    93,  ISO, 

296,  445,  492,  585,  675,  750 

for  Gloucester,  chosen,    93,  180,  296,  444,  492,  585,  675, 

750 


NOTARIES  PUBLIC  —  continued. 
for  Ipswich,  chosen,  93,  ISO,  296,  444,  492,  585,  675,  750 
for  Kittery,  chosen,  93,  ISO,  296,  445,  492,  585,  675,  750 
for  Lincoln  County,  chosen,  93,  180,  296,  445,  492,  585, 
675,  750 
for  Marblehead,  chosen,     93, 180,  296,  444,  492,  585,  675, 

750 
for  Nantucket,  chosen,    93,  180,  296,  444,  492,  5S5,  675, 

750 
for  Newbury,  chosen,  93,  180,  296,  444,  492,  585 

for  Newburyport,  chosen,        ....    675,  750 
for  Plymouth,  chosen,    93,  180,  296,  444,  492,  585,  675, 

750 
for  Salem,  chosen,    93,  ISO,  296,  444,  492,  585,  675,  750 

for  Wellfleet,  chosen, 675,  750 

for  Wells,  chosen,     .    93,  180,  296,  445,  492,  585,  675,  750 
for  York,  chosen,      .    93,  180,  296,  445,  492,  585,  675,  750 
NUMBER  ONE  TOWNSHIP  (East  Hoosac). 

confirmation  of,  to  Nathan  Jones  and  others,        .  157 
NUMBER  TWO  TOWNSHIP  (Peru) 

confirmation  of,  to  Oliver  Partridge  and  others,    .  125 
NUMBER  THREE  TOWNSHIP. 
East  of  Mount  Desert  River: 
granted  to   Nathan  Jones  and  others,  further 
time    allowed    to    obtain    His    Majesty's 

approbation  of, 173,  451 

NUMBER  THREE  TOWNSHIP   (Worthington). 
equivalent   land   granted   to  Aaron  Willard  and 

others,  purchasers  of,  relative  to,  38,  121 

NUMBER  FOUR  TOWNSHIP  (Becket). 

Province  tax  in,  relative  to, 13 

NUMBER  FOUR  TOWNSHIP  fSVindsor). 
confirmation  of,  to  Noah  Nash  and  others,    .         .  266 
more  time  allowed  Noah  Nash  and  others  for  pay- 
ment of, 259 

proprietors  of,  impowered  to  sell  a  portion  of  their 

lands. 28 

NUMBER  FIVE  TOWNSHIP  (Cummington). 

confirmation  of,  to  John  Cummings,                        .273 
NUMBER  SIX  TOWNSHIP  (in  the  Une  of  towns 
between  the  Merrimac  and  Connecticut 
Rivers), 
township  granted  to  proprietors  of,  as  an  equiva- 
lent  770 

NUMBER  SEVEN  TOWNSHIP  (Hawley). 
deficiency  of  land  purchased  by  certain  persons 

in,  relative  to, 258 

granted  to  Samuel  Hitchcock  and  others,  except  a 

certain  number  of  acres,     ....  512 
viewing  and  appraising,  allowance  to  divers  per- 
sons for 443 


NUMBER  SEVEN  TOWNSHIP    (in  the  Une  of 

towns,  Hillsborough,  New  Hampshire), 
equivalent  land  allowed  Samuel  Brown  for  land 


0. 


OAEHAM,  District  of. 
assessments  and  intended  sales  in,  relative  to,       .  201 
assessors  in,  impowered  to  complete  the  collection 

of, 177 

constable  in,  for  the  year  1764,  impowered  to  col- 
lect the  taxes, 85 

taxes  in.  assessment  of,    .  .         .         .  .  .  176 

OFFICERS,  CIVIL. 
collectors  of  excise,  chosen,  .         .         .93 

Commissary  General,  chosen,    92,  179,  295,  456,  531. 
581.  674.  749 


OFFICERS,  CIVIL  —  continued. 
commissioner  of  impost,  chosen, 


Notaries  Public  for  certain  ports, 
Province  Treasurer,  chosen,    92, 


to  be  continued  the  present  year,   ....  398 

truck-master,  chosen: 

for  Fort  Halifax, 92 

for  Fort  Pownall.    92,  180,  296,  444,  531,  584,  674,  749 


92,  180, 

295,  444,  492, 

581,  674,  749 

chosen. 

93,  180,  296, 

444,492 

585,  675,  750 

179,  295, 

444,  492,  584, 

674,  749 

IlSTDEX. 


883 


OIL. 

for  lighthouse,  Plymouth  Harbor,  .        .         .  349 

OLD  COLONY  LINE. 
from  Accord  Pond  to  Angle  Tree,  relative  to  the 

running  of,  ....     642,  659,  687 

OVERSEERS  OF  THE  POOR. 
in  Medway: 
allowance  to,  for  support  of  a  transient  person,  430 


OVERSEERS  OF  THE  TOOR  —  continued. 
in  Roxbury: 
directions  to,  relative  to  a  stranger,     . 
OWELTY  OF  PARTITION. 

relative  to  an  estate, 1 

OXFORD,  Town  of. 
certain  inhabitants  of,  and  of  Worcester,  Leicester 
and  Sutton  erected  into  a  precinct,  . 


P. 


PALMER.  District  of. 
certain  road  laid  out  in,  relative  to,        .         .         .  I 
discharged  of  a  certain  amount  due  for  taxes,        .  ' 
PAMPHLET. 
entitled    the    Monster    of   Monsters,    proceedings 
against  the  printer  of,  .         .         .         .  . 

PAPERS. 

relative  to,  containing  evidence  about  the  New 
Hampshire  boundary  line,  .         .         .  ' 

PARISHES  OR  PRECINCTS. 
East,    in   Bridgewater,   certain   persona   in,   with 
their  estates,  annexed  to  the  North  pre- 
cinct,   ........ 

East,  in  District  of  South  Brimfield,  certain  inhab- 
itant of,  with  his  estate,  annexed  to  the 
West  parish,         .         .         .         .         .         .  ( 

erected  into,  certain  inhabitants  of  Athol  and  of 
Templeton,  .         .         .         .         .         .  ' 

erected  into,  certain  inhabitants  of  Worcester  and 

of  Leicester,  Oxford  and  Sutton,         .         .  ' 
First    and    Third,    in    Falmouth     {Cumberland 

County),  boundary  between, established,  .  ( 
First,  in  Falmouth  (Cumberland  County)  acta  of 
assessors  in,  confirmed,       .         .        .         .  ^ 

First  in  Haverhill: 
impowered  to  choose  a  collector  of  taxes,    .         .  I 
proceedings  at  meeting  in,  confirmed,          .         .  i 
First,  in  Kittery: 
collector  of  taxes  in,  impowered  to  finish  collect- 
ing the  taxes, 

First,  in  Leominster,  certain  inhabitants  to  pay 

taxes  only  in, 

First  in  Lynn: 
certain  inhabitants  of,  with  their  estates,  annexed 

to  the  Third  parish,    .         .         .         .         .  ' 
relative  to  gale  of  land  belonging  to,    .         .         .  ^ 
First,  in  Mendon,  certain  inhabitants  of  the  East- 
erly precinct,  with  their  estates,  annexed 


to, 


First, 


Newbury,  relative  to  ministerial  taxes 


First,   in  Scarborough,  certain  persons  in,  with 
their  estates,  set  off  to  the  Second  parish,  . 
in  Falmouth  (Cumberland  County): 

construction  of  a  resolve  relative  to,    . 
North,  in  Andover: 
certain  inhabitant  of  Andover,  with  his  estate, 

annexed  to, I 

Pocasset  in  Sandwich: 
inhabitants  of,  erected  into  a  separate,        .         .  ' 
inhabitants  of,  exempt  from  ministerial  taxes  in 

any  other  place, i 

Second,  in  Leominster,  certain  inhabitants  to  pay 

taxes  to, 

Second,    in    Stoughton,    proceedings   at   precinct 

meeting  in,  confirmed,        .         .         .         .  I 

South,  in  Reading,  divided  into  two  precincts,      .  t 

PARTITION  OF  LAND,  .    142, : 


PAUPERS  (see  Poor  Persons). 

PEARSONTOWN,     Township    of     (Pearson    and 
Hobbstown). 
meetings  in,  votes  at,  confirmed,    .         .         .         .  c 

plan  of,  and  certain  other  townships  with  boundary 
lines  of  certain  towns,  relative  to,      .    228,  i 
PEMAQUID  LANDS. 
proceedings  at  meetings  of  the  proprietors  of,  con- 
firmed,        .         .         .         .         .         .         .  ' 

PENNACOOK,  Township  of. 
township  granted  to  the  original  proprietors  of,  as 
an  equivalent,  .  .         .         .  'i 

PENSION. 
additional,  to  Abijah  Frost,  allowed,  .4 

additional,  to  John  Simon,  an  Indian,  allowed,     .  i 
additional,  to  William  Thorne,  allowed,  .         .  't 

to  Nathaniel  Conant,  allowed 4 

to  Daniel  Druce,  allowed,        .  .79,  448,  i 

to  George  Gier,  allowed,  .  .         .  ] 

to  Roger  Hunnewell,  time  of  payment  of,  changed,  i 
to  Robert  Miller,  allowed,        .         .         .         .     74,  E 

to  William  Snell,  allowed, ] 

to  Jeremiah  Witham,  allowed,  .         .         .         .  't 

PETITIONS. 
Lydia  Ball  impowered  to  prefer  her,  relative  to  a 
highway,  to  the  Court  of  General  Sessions 
in  Worcester  County,  .... 

in  behalf  of  purchasers  of  land  in  Township  Num- 
ber Seven,  referred,     .         .         .         .         .2 
of  a  committee  of  Boxford  for  a  revisal  of  an  assess- 
ment, order  of  notice  on,    .... 
of  Ebenezer  Ayer  and  others  to  bring  forward  a 

vrrit  of  review,  order  of  notice  on, 
of  Andrew  Belcher  relative  to  a  judgment  by  de- 
fault,     1 

of  Samuel  Blodget    for  a  re-hearing  of  an  action, 

order  of  notice  on,  .         .  I 

of  Coonrod  Borghardt  for  a  new  trial  of  an  action, 

order  of  notice  on,  .         .  .  .  C 

of  John  Borghardt  and  others  relative  to  building 

a  meeting-house,  order  of  notice  on,  . 
of  John  Bridgham  to  enter  an  appeal,  order  of 

notice  on, 2 

of  Jonathan  Burnell  for  a  rehearing  of  an  action, 

order  of  notice  on,       .         .         .  .  i 

of  certain  inhabitants  of  District  of  Amherst  to 
divide  it  into  two  precincts,  etc.,  relative 

to 721,5 

of  certain  inhabitants  of  District  of  Natick,  rela- 
tive to  the  proceedings  at  their  last  meet- 
ing, order  of  notice  on,  .  .  .  .  S 
of  certain  inhabitants  of  First  parish  in  Falmouth 
to  be  set  back  to  the  District  of  Cape  Eliza- 
beth (formerly  Second  parish  in  Falmouth) , 

order  of  notice  on, I 

of  Nathaniel  Chapin  and  others  of  Ashfield,  rela- 
tive to  a  ministerial  tax,  order  of  notice 

on a 


884 


In^dex. 


PETITIONS  —  continued. 

of  committee  of  Sherburn  (Nantucket  County) 
relative  to  the  annexation  of  two  islands, 
order  of  notice  on,       .....  567 

of  Martha  Cotton,  executrix,  for  a  rehearing  of  an 

action,  order  of  notice  on,  .  .778 

of  Reuben  Delano  for  a  new  hearing  of  an  action, 

order  of  notice  on,       .  .173 

of  District  of  South  Brimfield  relative  to  assessing 
a  tax,  to  be  inserted  in  the  Boston  news- 
papers,   237 

of  George  Dudley  for  a  rehearing  of  an  action, 

order  of  notice  on 689 

of  Isaac  Dupee  to  reWew  an  action,  relative  to,    69,  74 

of  John  Fairservice  for  a  hearing  on  an  appeal, 

order  of  notice  on,       .         .         .  .43 

of  Cadwallader  Ford  for  writ  of  review,  order  of 

notice  on 77,  229 

of  Charles  Goodrich  and  others  relative  to  title  to 

lands,  order  of  notice  on,    ....  716 

of  Nathaniel  Goodwin: 
for  a  re-trial  of  an  action,  order  of  notice  on,  30 

referees  impowered  to  hear,  conditionally,        .  103 

of  Jonathan  Grout  and  others  for  a  re-trial  of  an 

action,  order  of  notice  on,  ....  382 

of  William  Hickling  and  Joseph  Green  for  a  review 

of  an  action,  relative  tx>,      .         .         .    643.  660 

of  William  Hight  to  review  an  action,  order  of  no- 
tice on, 645 

of  inhabitants  of   Nobletown,  relative  to  losses, 

referred, 254 

of  inhabitants  of  Winchendon  relative  to  Province 

tax,  referred, 398 

of  John  Jeffries  and  others  for  stay  of  execution  on 

a  judgment  by  default,  granted,  86 

of  John  Kingsley,  for  re-hearing  of  an  action,  order 

of  notice  on,  ......   161 

of  Samuel  Lee  relative  to  a  bond,  order  of  notice  on,    60 

of  Martha  Luther,  order  of  notice  on,  .  156 

of  John  Norton  relative  to  confirmation  of  Chap- 
paquiddick  Island  to  the  proprietors,  order 
of  notice  on,         ......  251 

of  James  Otis  to  bring  forward  a  writ  of  review, 

order  of  notice  on, 646 

of  Henry  Price  relative  to  a  judgment  by  de- 
fault,     752,817 

of  proprietors  of  Pittsfield  relative  to  a  writ  of  eject- 
ment, order  of  notice  on,    .  .90 

of  proprietors  of  Townsend  relative  to  disputes 

about  transfers,  referred,    ....  601 

of  Sylvester  Richmond  and  others  of  Dighton  rela- 
tive to  taxes,  appointment  of  committee 
on, 506 

of  Rev.  Timothy  Ruggles  relative  to  a  judgment, 

order  of  notice  on,       .         .  .96 

of  Abel  Sawj'er,  jr.,  to  review  an  action,  order  of 

notice  on, .  471 

of  Nathaniel  Sears  for  a  re-hearing  of  a  case,  order 

of  notice  on,         ......  293 

of  selectmen  of  Roxbury  to  set  aside  a  judgment, 

order  of  notice  on,       .....  162 

of  Thomas  St«vena  for  the  re-hearing  of  a  judg- 
ment, order  of  notice  on,    ....  547 

of  Joseph  Stockman  for  a  rehearing  of  an  action, 

order  of  notice  on,       ....  725 

of  Thomas  Torrey  to  re-enter  an  action: 
order  of  notice  on,         .....     17 
referred,  ........     63 

of  Fortescue  Vernon  to  bring  forward  a  writ  of  re- 
view, order  of  notice  on,     .         ,         .         .  230 


PETITIONS  —  continued. 
of  Katherine  Wheeler  relative  to  an  action,  order 

of  notice  on,  .  I 

of  Samuel  White  for  a  rehearing  of  an  action,  re- 
ferred, -         .         .         .         .  .  ! 
I  relative  to  an  excise  tax,  re- 


of  Samuel  Willis 

f  erred, 
relative  to  taxes  i 


1  Ashfield,  order  of  notice  on,  333,  450, 
495 
relative  to  the  New  Plymouth  Colony  line,referred,  687 
PHILLIPSTOWN  (now  Sanford,  Maine). 

Pro\'ince  Laws,  books  of,  allowed  to,       .  .         .  325 

PHYSICIANS  AND  SURGEONS. 
physicians: 
certain  amount  allowed  to  Francis  Le  Blanc  to 

pay,  bill 139 

Dr.  William  Deming,  allowance  to,  for  medical 

attendance  upon  certain  Indians,       .         .  571 
PIGWACKET. 
Capt.  John  Lovewell  and  associates  who  served  at, 

equivalent  township  granted  to  heirs  of,  .  752 
Province  Laws,  books  of,  allowed  to,      .         .         .  300 
PITTSFIELD,  Town  of  (Boston  Township  Number 
Three), 
petition  of  proprietors  of,  relative  to  a  writ  of 

ejectment,    ......     90 

PLANTATIONS  OE  TOWNSHIPS. 
agent  for  several,  allowance  to,  for  expenses  of 

journey,       .......  310 

Bakerstown: 

proceedings  at  meetings  in,  confirmed,         .  .  152 

township  granted  to  proprietors  of: 
as  an  equivalent,  relative  to,     .  47,  58,  356 

between  Penobscot  River  and  St.  Croix  River: 
granted  to  Da^'id  Bean  and  others: 
further  time  allowed  to  obtain  His  Majesty's 
approbation  of,    .  .         .         .  363 

sis,  granted  to  David  Marsh  and  others: 
further  time  allowed  to  obtain  His  Majesty's 

approbation  of, 199,  362 

East  Hoosac: 
granted  to  John  Murray  and  others,  committee 

to  examine  boundary,         ....  649 

taxes  in,  assessment  of, 818 

East  of  Mount  Desert  River: 
Township  Number  Three: 
granted  to  Nathan  Jones  and  others,  ftirther 
time  allowed  to  obtain  His  Majesty's  ap- 
probation of,        ....         .    173, 451 
East  of  Saco  River; 
granted  to  Capt.  Joshua  Fuller  and  others,  as 

an  equivalent,  relative  to,  537,  593,  688 

granted  to  Samuel  Livermore  and  others,  as  an 

equivalent,  relative  to,        .         .         .    537, 595 
granted  to  James  Otis  and  others,  as  an  equiva- 
lent, relative  to,  ....    542,  598 
granted  to   David  Phips  and   others,  relative 

to, 536,  594 

granted  to  proprietors  and  legal  representatives 
of  Township  Number  Six,  as  an  equiv- 
alent  770 

granted  to  Josiah  Richardson  and  others,  rela- 
tive to, 344,  386 

granted  to  the  legal  representatives  of  the  com- 
pany under  Capt.  William  Raymond,  as 
an  equivalent,  relative  to,  .         .  48,  169 

granted  to  Samuel  Whittemore  and  others,  as  an 

equivalent, 753 

granted  to  Capt.  Henry  Young  Brown,  relative  to,  64, 

140 


Index. 


885 


PLANTATIONS  OR  TOWNSHIPS  —  continued. 
granted   to   William   Bullock   and  others,   as  an 

equivalent,  relative  to,        .         .         .    514, 5&4 
granted  to  the  original  proprietors  of  Pennacook,  as 

an  equivalent 747 

Huntstown : 

confirmation  of  lands  to  proprietors  of,  27 

Nanugansett  Township    Number  One    (Buxton, 
Maine) : 
plan  of,  and  certain  other  townships  with  bound- 
ary lines  of  certain  towns,  relative  to,    22S,  253 
Narragansett  Township  Number  Seven  (Gorham, 
Maine): 
plan  of,  and  certain  other  townships  with  bound- 
ary lines  of  certain  towns,  relative  to,    228,  253 
new,  in  Lincoln  County,  notification  of  meetings 

in,  to  choose  officers,  .....  792 
Number  One  (East  Hooaac): 

confirmation  of,  to  Nathan  Jones  and  others,     .  157 
Number  Two  (Peru): 

confirmation  of,  to  Oliver  Partridge  and  others,  125 
Number  Three  (Worthington): 
equivalent  land  granted  to  Aaron  Willard  and 

others,  purchasers  of,  relative  to,       .     38,  121 
Number  Four  (Becket): 

Province  tax  in,  relative  to,  ....    13 

Number  Four  (Windsor): 
confirmation  of,  to  Noah  Nash  and  others,        .  266 
more  time  allowed  Noah  Nash  and  others  for 

payment  of, 259 

proprietors  of,  impowered  to  sell  a  portion  of 

their  lands,  .         .  .         .28 

Number  Five  (Cummington): 

confirmation  of,  to  John  Cummings,  .                  .  273 
Number  Six  (in  the  line  of  towns  between  the 
Merrimac  and  Connecticut  Rivers): 
township  granted  to  proprietors  of,  as  an  equiva- 
lent,      770 

Number  Seven  (Hawley): 
deficiency  of  land  purchased  by  certain  persona 

in,  relative  to, 258 

granted  to  Samuel  Hitchcock  and  others,  except 

a  certain  number  of  acres,                   .         .  512 
viewing  and  appraising,  allowance  to  divers  per- 
sons for, 443 

Number  Seven  (Hillsborough,  New  Hampshire): 
equivalent  land  allowed  Samuel  Brown  for  land 

in,  .       •  .  .288 

Pearsontown  (Pearson  and  Hobbstown); 
meetings  in,  votes  at,  confirmed,  .         .  354 

plan  of,  and  certain  other  townships  with  bound- 
ary lines  of  certain  towns,  relative  to,    228,  253 
Rowley-Canada: 
township  granted  to  the  proprietors  of,  as  an 

equivalent,  relative  to,  47,  66,  239,  450 

Sylvester-Canada : 
township  granted  to  proprietors  of,  as  an  equiva- 
lent, relative  to,  ...       48,  129,  356 
Upper  Housatonic  Township; 
committee  relative  to  the  lands  at,  expenses  of, 

allowed, 766 

meeting  of  the  proprietors  of.  to  be  called,  .         .  764 
Yokum  Town  and  Mount  Ephraim  (Richmont): 
purchasers  of ,  further  time  allowed,  for  payment,  261 
PLYMOUTH  COUNTY. 
collector  of  excise  for,  chosen,  .93 

guardians  of  Indians  in: 
account  of,  allowed,  .42,  77,  229.  301  bis 

to  assist  in  the  sale  of  land,  .  337,  415,  577 

to  re-imburse  the  purchasers  for  deficit  in  land,  306 


PLYMOUTH  COUNTY  —  continued. 
inferior  court  and  court  of  general  sessions  in,  ad- 
journment of,      .....         .  639 

justices  of  inferior  court  in,  impowered  to  recon- 
sider a  judgment,        349 

justices  of  superior  court  of  judicature,  etc.,  in,  im- 
powered to  receive  an  appeal,     .         .         .  283 
lands  in,  mortgaged  to  the  Province,  relative  to,    95, 
212,  320 
sale  of  land  belonging  to  an  Indian  woman  in,  rela- 
tive to, 272 

treasurer  of,  account  allowed,    9,  124,  227.  337,  377,  467, 
554,  629.  714,  SU 
PLYMOUTH,  Town  of. 
impowered  to  raise  a  certain  sum  to  repair  the 

beach, 38 

jail  in,  prisoner  liberated  from,       ....  155 
lighthouse  at  the  entrance  of  the  harbor  of,  relative 

to,    311,  320,  349,  350,  458,  468,  500,  515,  587. 
672,  769 
Notary  Public  for,  chosen,    93,  180,  296,  444,  492,  585, 
675,  750 
reimbursed  by  the  Province  Treasurer  the  sum  ex- 
pended on  strangers  sick  in,       .  99 
repairs  on  Eel  River  bridge,  half  of  expense  of,  al- 
lowed,            803 

POCASSET  (in  Sandwich), 
inhabitants  of,  erected  into  a  separate  parish,        ,  448 
inhabitants  of,  exempt  from  ministerial  taxes  in 

any  other  place,  .....  516 

POOR  PERSONS. 
allowance  for  support  of,     194,  235,  339,  381,  383,  430, 
453,  469,  475,  483,  494,  501,  507 
PORT  ROYAL  (see  Annapolis,  Nova  Scotia). 
PORTSMOUTH  NEWSPAPER  (see  Newspapers), 
publication  in: 
of  a  meeting  in  Pennacook  relative   to  claims 
in    the    new    township   on   Androscoggin 

River, 747 

POTASH. 
committee  on,  appointment  of,       .         .         .         .  294 

POWDER-HOUSE. 

old,  in  Boston,  materials  of,  to  be  sold,  .    628.  709 

POWNALBOROUGH,  Town  of. 
collector  of  taxes  in: 
impowered  to  collect  the  taxes,    ....  333 

to  be  chosen,  .......  149 

proceedings  at  meeting  in,  confirmed,    .  .  570 

POWNALL,  FORT  (Fort  at  Penobscot), 
armorer  for,  allowed,        ......  146 

establishment  at,  relative  to,    36,  128,  300.  363.  375.  482. 
569,  621,  723.  802 
truck-master  for: 
chosen,  .    92,180.296.444,531.584,674,749 

to  give  bond  with  sureties  for  the  faithful  dis- 
charge of  his  duties,  ....  582 

PRECINCTS  OR  PARISHES. 
East,  in  Bridgewater.  certain  persons  in.  with  their 

estates,  annexed  to  the  North  precinct,  8 

East,  in  District  of  South  Brimfield,  certain  inhabi- 
tant of,  with  his  estate,  annexed  to  the  West 

parish, 663 

erected  into,  certain  inhabitants  of  Athol  and  of 

Templeton. 759 

erected  into,  certain  inhabitants  of  Worcester  and 

of  Leicester,  Oxford  and  Sutton,  728 

First    and    Third,    in    Falmouth    (Cumberland 

County),  boundary  between,  established.  660 
First,  in  Falmouth  (Cumberland  County)  acts  of 

confirmed.  .  .421 


886 


Index. 


PRECINCTS  OR  PARISHES  —  continued. 
First,  in  Haverhill: 
impowered  to  choose  a  collector  of,      .         .         .  205 
proceedings  at  meeting  in,  confirmed,          .         .  316 
First,  in  Kittery: 
collector  of  taxes  in,  impowered  to  finish  collect- 
ing the  taxes 56 

First,  in  Leominster,  certain  inhabitants  to  pay 

taxes  only  in, 70 

First,  in  Lynn: 
certain  inhabitants  of,  \dth  their  estates,  annexed 

to  the  Third  parish, 743 

relative  to  sale  of  land  belonging  to,    .  .  437 

First,  in  Mendon,  certain  inhabitants  of  the  East- 
erly precinct,  with  their  estates,  annexed 

to, 205 

First,  in  Newbury,  relative  to  ministerial  taxes 

in, 387 

First,  in  Scarborough,  certain  persons  in,  with 

their  estates,  set  off  to  the  Second  parish,    81 
in  Falmouth  (Cumberland  County) : 

construction  of  a  resolve  relative  to,    .         .         .33 
North,  in  Andover: 
certain  inhabitant  of  Andover,  with  his  estate, 

annexed  to, 600 

Pocaaset  in  Sandwich: 
inhabitants  of,  erected  into  a  separate,  .  448 

inhabitants  of,  exempt  from  ministerial  taxes  in 

any  other  place,  .  .         .516 

Second,  in  Leominster,  certain  inhabitants  to  pay 

taxes  to, 115 

Second,   in   Stoughton,   proceedings   at    precinct 

meeting  in,  confirmed,        ....  215 
South,  in  Reading,  divided  into  two  precincts,      .  395 
PRIMOGENITURE. 
settlement  upon  eldest  son,  upon  compensating 

other  children, 63,  165 

PRINCE  OF  ORANGE,  the  Brigantine. 
David  Coffin,  master: 
relative  to  an  action  against  Fortescue  Vernon 

upon  the  policy  of  insurance  upon,    .         .  230 
PRINCE     OF     WALES,    PROVINCE     SLOOP 
(Snow). 
Capt.  Nathaniel  Dowse,  commander: 
allowance  to  certain  sailors  taken  captive  while  in 

service  on 171 

PRINCETON.    District  of   (see   Princeton,   Town 
of). 
Wachusett  Hill  in,  granted  to  Rev.  Timothy  Fuller,  276 
PRINCETON,  Town  of. 
Province  lands  on  North  side  of,  relative  to  sale  of,  558, 
727,  790 
PRINTERS. 
allowance  to,  for  services,        .         -                  •         .82 
arrested  on  suspicion  of  printing  a  seditious  pam- 
phlet, allowance  to, 167 

PRISONERS. 
allowance  for  services  in  conveying  a  prisoner  to 

jail, 266 

in  jail: 
in  Great  Barrington,  released,      .        .        .        .187 

in  Plymouth,  liberated 155 

soldier  taken,  at  the  surrender  of  Fort  William 

Henry,  certain  amount  allowed  to,     .         .  346 
PROBATE,  JUDGE  OF. 
for  Bristol  County: 
authorized  relative  to  the  distribution  of  an  es- 

Ute, 142 

to  consider  the  estates  of  George  Pitts  and  Eliza- 
beth Pitts  as  one, 777 


PROBATE,  JUDGE  OP  —  continued. 
for  Cumberland  County: 
impowered  to  grant  letters  of  administration  de 

bonis  non,  on  an  estate,      ....  S09 
for  Middlesex  County: 
impowered  to  allow  more  time  to  commissioners 
for  receiving  claims  against  an  insolvent 

estate, 237 

impowered  to  assign  a  certain  part  of  an  estate 

to  Amasa  Cranston 495 

for  Worcester  County: 
directed   relative  to   the    reedjustment  of  the 

dower  of  Ra.chel  Thayer,    .         .  .34 

directed  to  allow  more  time  to  creditors  for  enter- 
ing claims  against  an  insolvent  estate,    303,  467 
impowered  relative  to  the  widow's  part  of  the 

estate  of  Daniel  Beale,         ....  120 
impowered  to  settle  the  real   estate  of  Amos 

Thomas  upon  the  eldest  son,      .         .         .63 

PROFESSOR. 

of  divinity  at  Harvard  College,  allowance  to,    89,  183, 

286,  391,  443,  499,  579,  580,  669,  783 

of  Hebrew  at  Harvard  College,  allowance  to,    305,  391, 

443,  499,  580,  670,  784 

of  mathematics  at  Harvard  College,  allowance  to,  88, 

184,  285,  390,  442,  499,  579,  670,  783 

PROMISSORY  NOTE. 

stolen,  allowance  for, 142 

PROVINCE  AGENT. 
William  BoUan: 

accounts  of,  relative  to  the  settlement  of,     .         .    26 
Dennis  De  Berdt: 
allowance  to,  for  se^^^ces,     .....  289 

certain  sum  to  be  remitted  to,     .         .         .         .72 

Richard  Jackson: 
allowance  to,  for  services,     .         .         .         .         .  289 

certain  sum  to  be  remitted  to,     .         .         .         .72 

dismissed,      ........  173 

Jasper  Slandit: 
accounts  of,  relative  to  the  settlement  of,  .         .    26 
PROVINCE  DEBTS. 
constable  of  Concord  discharged  of,        .         .         -  310 
due  for  Province  lands,  further  time  allowed  for 

paj'ment  of,  ......  729 

list  of,  due  from  towns  and  districts  to  be  pre- 
pared,   209 

PROVINCE  HOSPITAL. 

in  West  part  of  Boston,  relative  to,         .         .    252,  384 
PROVINCE  LANDS. 
between  Dudley  and  District  of  Douglas,  allow- 
ance for  services,  relative  to,      .  .  600 
grant  of,  to  Timothy  Ruggles,  relative  to,   520,  555  bis 
in  Hampshire  and  Berkshire  Counties: 
committee  to  appraise,  allowance  to,  .         .         .  589 
committee  to  survey  unappropriated,          .         .  419 
surveying,  allowance  for  expense  of,    .         .         .  502 
in  the  Greenwoods: 
confirmed  to  Henry  Spring,          .                  .  767 
granted  to  Ebenezer  and  Joel  Trumble,        339,  535 
on  both  sides  of  Deerfield  River: 
committee  impowered  to  execute  a  deed  to  Wil- 
liam Denny,        ......  767 

relative  to  sale  of,  .....    737,  761 

on  North  side  of  Princeton,  relative  to  sale  of,  558,  727, 

790 
title  to  certain,  released  to  Humphrey  Denand,  .  352 
tract  of,  on  Androscoggin  River,  granted  to  OUver 

Peabody  and  others, 639 

viewing  and  appraising,  allowance  for  services  in, 

292  bis 


Index. 


887 


PROVINCE  "LANDS  — continued. 
West  of  Lanesborough,  granted  to  Jacob  Gleaaon 

and  others, ■ 

West  of  Sheffield: 
confirmed  to  Joash  Rice, 

confirmed  to  James  Saxton,  .... 

confirmed  to  Dirch  Spoor  and  others, 
PROVINCE  LAWS. 
books  of,  allowed: 

to  Ashfield,  

to  Becket 

to  Charlemont, 

to  Chesterfield 83, ; 

to  District  of  Cohasset, ■ 

to  District  of  Conway, 1 

to  District  of  Hubbardston,         .         .         .         .  '. 

to  District  of  Lenox, ' 

to  District  of  Mansfield, ' 

to  District  of  Northborough,        .... 

to  District  of  Shelburne, ' 

to  District  of  Stoughtonham,       .... 

to  District  of  Ware, ' 

to  District  of  Wellfleet, ; 

to  Fitchburg, 

to  Gorham, 

to  Harvard  College, 

to  Lanesborough, 

to  Muixayfield, 

to  new  towns  and  districts, 

to  Phillipstown,  now  Sanford,  Maine,  .         .  ! 

to  Pigwacket, I 

to  Richmont  (Richmond),  ..... 

to  Royalston, 

to  Tyringham, 

to  Wilbraham, 83, ; 

to  Williamstown, 

to  Windham  (New  Marblehead), 
to  Worthington,    . 
books  of,  to  be  delivered: 

to  District  of  Douglas, : 

books  of,  to  be  furnished: 
to  towns  and  districts  not  supplied,    .         .         .J 
PROVINCE  NOTES. 

committee  to  countersign,        ....    531,  ' 

interest  on  certain,  allowed,    .  35,  60,  434,  489,  J 

lost  by  fire,  full  value  allowed, 
stolen,  full  value,  with  interest,  allowed, 
PROVINCE  OF  MAINE  (so  called), 
boundary  between,  and  Province  of  New  Hamp- 
shire, relative  to,  ...       Go,  106, 
PROVINCE  OF  MASSACHUSETTS  BAY. 
boundary  between: 
and  Connecticut,  relative  to,        .         .  .  ' 
and  New  Hampshire,  relative  to,    43,  44  ter,  45  t 
46  ter,  47  bis,  48  bis.  58,  65,  66,  208.  211,  323.  3 
425,  457.  477,  514,  537  bis,  538,  542,  552,  561,  5 
605,  622.  689,  690,  735  bis,  736,  747,  752,  753,  7 
770.  786 
and  New  York,  relative  to,    211,  216,  249,  253,  2 
279,  291,  322,  326,  352,  680.  729,  ' 
,  secession  of  certain  towns  in,  to  Connecticut,  rela- 
tive to,         .......  I 

PROVINCE,  SECRETARY  OP. 
Thomas  Flucker: 

allowance  to 588,  670,  ' 

certain  sum  allowed,  to  pay  assistants.     600,  6 

Andrew  Oliver: 
allowance  to,    87  bis,  182  bis,  283,  284,  388  bis,  441 1 


PROVINCE,  SECRETARY  OP  —  continued. 
Andrew  Oliver  —  continued. 
certain  sum  allowed,  to  pay  assistants,     104,  197,  289, 
391,445.521 
John  Cotton,  deputy  to,  allowance  to,         .  32 

PROVINCE     SLOOP      (Snow),     PRINCE      OF 
WALES. 
Capt.  Nathaniel  Dowse,  commander: 
allowance  to  certain  sailors  taken  captive  while 

in  service  on, 171 

PROVINCE   SNOW,   PRINCE   OF  WALES    (see 

Province  Sloop,  Prince  of  Wales). 
PROVINCE  TAX. 

in  Ashburnham,  removed,   .....  271 
in  Brirafield  and  District  of  South  Brimfield,  sum 
paid  to  assist  a  French  Neutral  to  be  added 


to. 


139 


1  Brunswick,  certain  proportion  of  Province  tax 
taken  from  Gorhamtown  added  to, 

1  certain  towns  in  Province  of  Massachusetts  Bay 
attempting  to  secede  to  Connecticut, 

I  Chatham,  remitted,     ...... 


in  Deerfield,  relative  to,  .  .  .  .  25,  364,  474 
in  District  of  Conway,  relative  to,  .  .  364,  474 
in  District  of  Shelburne,  relative  to,  .  .  .  474 
in  District  of  South  Hadley,  relative  to,  .  127,  430 
in  District  of  Stoughtonham,  apportionment  of,  .  59 
in  Edgartown.  certain  sum  to  be  added  to,  .  .  681 
in  Falmouth  (Cumberland  County),  certain  pro- 
portion of  Province  tax  taken  from  Gor- 
hamtown, added  to,  .....  100 
in  Framingham,  certain  sum  to  be  added  to,  .  412 
in  Gloucester,  abatement  of,  .  .  200 

in  Gorham  (formerly  Gorhamtown),  relative  to,  31, 100 

in  Granby,  relative  to, 430 

in  Great  Barrington,  relative  to,     .         .         .         .  208 
in  North  Yarmouth,  certain  proportion  of  Province 

tax  taken  from  Gorhamtown  added  to,  .  100 
in  Sheffield,  certain  sum  to  be  added  to,  .  .  208 
in  Stoughton,  apportionment  of,     .         .  .59 

in  Township  Number  Four  (Becket),  remitted,     .     13 
in  TjTingham,  relative  to,        ....  .  126 

in  Winchendon,  relative  to 230,  398 

PROVINCETOWN,  Town  of. 

certain  sum  allowed  to,  for  support  of  the  minis- 
try,      ....        340,  450,  488,  598,  777 

PROVINCE  TREASURER. 
Harrison  Gray: 
accounts  of,  relative  to,    18,  134,  255,  359,  379,  472, 
551,  652.740 
aUowance  to,    87,  104,  181,  197,  284,  290,  388,  396,  441, 
455,  497,  516,  578,  597,  670,  678,  782,  784 
allowance  to  Charles   Harrison  for  notes  pur- 
chased of,     .         .  .         .         .         .35 

chosen,  .         .    92,  179,  295,  444,  492,  584,  674,  749 

directions  to,  relative  to  proceeds  from  sale  of  an 

island  in  Connecticut  River.  .         .  500 

directions    to,    relative    to    prosecuting    certain 

bonds 37,40,730 

directions  to,  relative  to  the  excise  bond  of  John 

Cotton, 219,  454 

discharged  of  amount  of  government  securities 

burned,        .  50,  151,  264,  459,  496,  744 

to  accept  the  securities  of  the  purchasers  of 
Township  Number  Three  for  the  propor- 
tion of  the  sum  due  on  Aaron  Willard'a 

bond, 124 

to  apply  and  receive  the  Province  part  of  seizures,  66 
to  call  in  monies  due  from  collectors,  etc.,  .  .  603 
to  draw  a  bill  of  exchange  on  Jasper  Mauduit,   .  218 


Index. 


PROVINCE  TREASURER  —  continued. 
Harrison  Gray  —  continued. 
to  have  notice  relative  to  interest  due  on  Province 

notes,  published, 811 

to  issue  his  warrant  to  the  constable  in  Egremont 

to  collect  taxes. 238 

to  notify  persons  indebted  to  the  Province,  to 

settle, 209 

to   notify   possessors  of  government  securities 

relative  to  interest  due,       .  146,  364,  376 

to  pay  a  certain  amount  to  conim,ittee  for  re- 
building Harvard  College,  .  .125 
to  pay  Benjamin  Hallowell,  jr.,  full  value  of  note 

stolen,  with  interest, 142 

to  pay  sums  due  soldiers  and  others  on  muster- 
rolls,     201 

to  pay  to  John  Still  Winthrop  the  interest  due 

on  a  government  note,        .  .60 

to  prepare  a  list  of  debts  due  from  towns  and 

districts  during  term  of  Treasurer  Foye,    .  203 
to  remit  a  certain  sum  to  each  of  the  Province 

agents, 72 

to  stay  execution  against  collector  of  taxes  in 

Windham,  for  1771, 756 

to  suspend  execution  against  Salah  Barnard,      .  672 
to  suspend  putting  in  suit  the  bonds  of: 
Samuel  Browm,  jr.,  and  others, 
John  Cummings  and  others, 
Cornelius  Jones  and  John  Chadwick, 
Elisha  Jones  and  others, 
Noah  Nash  and  others,     . 

Moses  Parsons, 

Oliver  Partridge  and  others, 
John  Walker  and  others,   . 
Aaron  Willard  and  others, 
to  take  security  for  extension  of  loan  to  certain 

persons,         .......  724 

relative  to,  taking  oath  and  giving  bond,    91,  178,  294, 

408,  491,  582,  673,  746 

PROVISIONS. 

account  of,  of  Commissary  General,  allowed,    19,  146, 

259,  365.  487,  633,  719 


PROVISIONS  —  continued. 
Commissary  General  chosen  for  the  purchasing  of, 

179,  295,  456,531,; 
etc.,  to  be  supplied  for  trade  with  the  Indians  at 
Penobscot  Falls,  .  .  ; 

PUBLIC  SERVICE. 
allowance  to  Enoch  Freeman  for  services  rendered 

allowance  to  Ebenezer   Sheldon   for  services  ren- 
dered in,  by  himself  and  sons,   . 
allowance  to  Dennis  Towney   for  services  in, 
amount  stopped  out  of  wages  of  soldiers  in,  allowed 

to  Osgood  Carleton,  .  : 

John  Beverly,  soldier  in,   allowance  annually  to,    .  ; 
William  Covel  wounded  in,  annual  allowance  to,  .  : 
Richard  Holland,  carter  in,  allowance  to, 
Stephen  Kent,  soldier  in,  allowance  to,  for  expenses, 
William  Newman,  soldier  in,  allowance  to,  for  ex- 
pense of  illness,   .  .....; 

rendered  by  Capt.  Phineas  Lovett,  relative  to, 
Alexander  Stewart,  soldier  in: 
allowance  to,  for  passage  to  Ireland,    . 
Joseph  Perry  re-imbursed  the  sum  expended  on, 
William  Thayer  wounded  in,  allowance  to,    .         .  i 
wages  due  soldiers  in,  allowed,         .         .         ,         . 
Joseph  Whittom  allowance  to,  for  services  as  a  sol- 
dier in ( 

Richard  Wilde,  soldier  in,  allowance  to,  for  sick- 


to : 

PUNCAPAUG  INDIANS. 

guardian  of: 
account  of,  allowed,      .         .         .         .42,  203,  i 

chosen,  ,.......! 

impowered  relative  to  the  mulatto  children, 
impowered  to  confirm  by  deed  certain  land  to 

Enoch  Lyon,        ...... 

impowered  to  sell  land,         .         .  .381,' 

Samuel  Niles  directed  to  pay  a  certain  sum  to,  . 
to  pay  a  certain  sum  for  support,  etc.,  of  several 

Indians,        ......    212, ; 


QUAKERS. 

liability  of,  to  be  impressed. 


Q. 


QUOEUM  UNUS. 

of  justices, 


244,  341,  448,  457 


E. 


RANGER,  the  sloop, 
impressed  into  the  i 
RATEABLE  ESTATES. 

in  District  of  Cape  Elizabeth: 
list  of,  to  be  returned  to  the  General  Court,         .  152 

in  Falmouth  (Cumberland  County): 
list  of,  to  be  returned  to  the  General  Court,         .  152 
READING,  Town  of. 

certain  sum  to  be  laid  on,        .....  459 

South  precinct  in,  divided  into  two  precincts,        .  395 
REGISTER  OF  DEEDS. 

for  Worcester  County,  to  be  chosen,       .         .         .127 
REHOBOTH,  Town  of . 

certain  land  in,  to  be  sold,       .....  694 
REPRESENTATIVES,  HOUSE  OF. 

allowance  to  Dudson  Kilcup,  clerk  to  a  committee 


of 

allowance  to  Caleb  Wilder  for  attendance  ( 


REPRESENTATIVES,  HOUSE  OF  —  continued. 
chaplain  of  the  Board  and,  allowance  to,     88,  183,  28, 
390,396,  454.498,571,5^ 
clerk  of,  allowance  to,     88,  182,  284,  389,  442,  498,  57: 
609,  671,  7i 
entertainment  of   Council   and,    account    of,   al- 
lowed, ........     '4 

gallery  to,  account  for  erecting,  allowed,         .         .  2] 
journals  of: 
allowance  for  stitching  in  bluepaper,  .         .         .    i 
copies  of,  to  be  delivered  to  Harvard  College,    .     < 
members  of,  list  of,    4,  112,  224,  330,  372,  464,  528,  61 
706,  7! 
speaker  of,  allowance  to,    87,  181,  284,  389,  441,  497,  57: 
671,  7S 
RESOLVE,  VOTE    OR    ORDER    (see    Construc- 
tion), 
correction  of  a  resolve, S't 


Index. 


889 


REVIEW,  ACTION  OB  WRIT  OF. 

leave  to  the  following  persons  to  bring  an: 
Ebenezer  Ayer  and  others,  .  .         .       62, 89 

Benjamin  Cudworth, 679 

Tobias  Davis  and  William  Mugford,   .         .         .105 

George  Dudley, 757 

Cadwallader  Ford,         ...        77,  117,  145.  229 

William  Holland 40 

Samuel  Lee  and  others, 515 

James  Otis, 646 

Fortescue  Vernon, 230 

REWARD. 

for  bringing  a  certain  person  to  justice,  .         -  508 

RICHMONT   (Richmond),  Town  of. 
certain  inhabitants  of  District  of  Lenox,  with  their 

estates,  annexed  to,     .  .         .         -  609 

Province  Laws,  books  of,  allowed  to,      .  .    83 

RIOT. 
in  Boston,  expense  of  committee  to  inquire  relative 

to,  allowed, 215 


RIOT  —  continued. 
in  District  of  Egremont,  expense  of  express  at  time 

of,  allowed,  .....  238 

ROADS  {see  Highways,  Ways.) 
ROWLEY,  Town  of. 

allowance  to,  for  support  of  a  poor  iierson,  .  507 

ROWLEY-CANADA  TOWNSHIP. 
township  granted  to  proprietors  of,  as  an  equiva- 
lent, relative  to,  .  47,  66, 239, 450 
ROXBURY,  Town  of. 
directions  to,  relative  to  a  stranger,  .  194 
free-school  in,  feoffees  in  trust  for,  impowered  to 

sell  land 254 

selectmen  of,  petition  of,  to  set  aside  a  judgment,    162 
ROYALSTON,  Town  of  (formerly  Royalshire). 
equivalent  lands  granted  to  the  original  propri- 
etors of,        ....         -  211 
Province  Laws,  books  of,  allowed  to,      .  S3 
RUTLAND,  Town  of. 

North  East  Quarter  of,  assessment  of  a  tax  on  lands 

of  non-residents  in 231 


s. 


SACO  RIVER. 

equivalent  land  granted  East  of: 
to  Capt.  Henry  Young  Brown,  relative  to,    64,  140, 
202,  457,  806 

to  John  Dennis, 628 

Jonathan    Greenleaf    impowered    to    lay    out, 

granted  to  Ebenezer  Hartshorn,  .  766 

to  Ebenezer  Hartshorn,  relative  to,  .  323,  700,  766 
to  heirs  of  Benjamin  Prescott,  relative  to,  .    484,  735 

to  John  Hill, 690 

to  Joseph  Josselyn,        ......  786 

equivalent  land  granted  for  townships  East  of : 
to  Capt.  Joshua  Fuller  and  others,      .     537,  593,  688 
to  legal  representatives  and  heirs  of  Capt.  Wil- 
liam Raymond, 48,  169 

to  Samuel  Livermore  and  others,  .  .  537,  595 
to  James  Otis  and  others,  ....  542,  598 
to  proprietors  of  Bakerstown,  47,  58,  356 

to  proprietors  of  Rowley-Canada,  47,  66,  239,  450 
to  proprietors  of  Sylvester-Canada,  48,  129,  356 

to  proprietors  of  Township  Number  Six,    .         .  770 
to  Samuel  Whittemore  and  others,      .         .         .753 
land  granted  for  townships  East  of: 
to  David  Phips  and  others,  .         .    536,  594 

to  Josiah  Richardson  and  others,  .         .    344,  386 

ST.  GEORGES  FORT. 

attack  against,  by  Indians,  allowance  for  services  in,  292 
SALEM,  Town  of. 
Notary  Public  for,  chosen,    93,  180,  296,  444,  492,  585, 
675,  750 
SANDWICH,  Town  of. 
fire  in,  allowance  to  committee  appointed  to  re- 
port on, 697 

part  of,  called  Pocasset,  erected  into  a  separate 

parish,  .......  448 

SANFORD,  MAINE,  Town  of  (Phillipstown). 

Province  Laws,  books  of,  allowed  to,      .         .         .  325 
SCARBOROUGH,  Town  of. 
allowance  to,  for  sufferers  from  fire,        .         .         .  102 
collector  of  taxes  in,  to  be  chosen,  .         .         .         .51 

fine  remitted  to,       ......         .  630 

First  parish  in,  certain  iiersons  in,  with  their  es- 
tates, set  off  to  the  Second  parish,     .         .    81 
plan  of  certain  townships  with  boundary  lines  of 

Falmouth,  and  Biddeford,  relative  to,  228,  253 


SCHOOL. 

free,  in  Dorchester: 
proceeds  from  sale  of  certain  lands  to  be  appro- 
priated for  support  of,         ...         .  239 
free,  in  Roxbury: 

feoffees  in  trust  for,  impowered  to  sell  land,        .  254 
grammar,  in  Sturbridge: 
fine  for  not  supporting  a,  remitted,     .         .         .  196 
SCIRE  FACIAS. 

suspension  of,  writ  of 643,  G60 

SCOUT. 
winter,  etc.,  allowance  to  Enoch  Freeman  for  care 


233 


SECESSION. 

of  certain  towns  in  Province  of  Massachusetts  Bay 

to  Connecticut,  relative  to,  ...  312 

SECRETARY  OF  THE  PROVINCE. 
Thomas  Fiucker: 

allowance  to, 588,  670,  781 

certain  sum  allowed,  to  pay  assistants,  600,  676,  784 
Andrew  Oliver: 
allowance  to,  87  his,  182  bis,  283, 284,  388  bis,  441  his,  497 
certain  sum  allowed  to  pay  assistants,  104,  197,  289, 
391,  445,  521 
John  Cotton,  deputy  to,  allowance  to,  .    32 

SEDITIOUS  PAMPHLET  (see  Pamphlet). 
SEIZURES. 
Province  part  of: 
allowance  for  services  in  recovering,    ,  .571 

Province  Treasurer  to  apply  and  receive,    -         .    66 

SHEEP  STEALING, 269 

SHEFFIELD,  Town  of. 

certain  sum  to  be  added  to  Province  tax  in,  .         .  208 
SHELBURNE,  District  of. 
certain  part  of  the  Province  tax  assessed  on  Deer- 
field,  to  be  laid  upon,  ....  474 
Province  Laws,  books  of,  allowed  to,      .         .         .  468 
tract  of  land  between,  and  Charleraont,  granted 

to  Timothy  Farley 413 

SHERBORN,  Town  of. 
certain  sum  granted  to,  for  the  settlement  of  a 

minister,      .......  446 

fine  remitted  to,       ......         .  544 

selectmen  of,  allowance  to,  for  support  of  an  Indian 

woman, 501 


890 


In^dex. 


SHEEBURN,  Town  of  (Nantucket  County). 

annexation  of  two  islands  to,  relative  to,        .         .  i 
SHERIFFS. 
of  Bristol  County: 

under-sheriff,  allowance  to,  for  ser\ices,     .         .  i 
of  Hampshire  County: 
deputy-sheriffs,  accounts  of,  allowed,  .    362,  ' 

under-sheriff,  allowance  to,  for  apprehension  of 

certain  rioters i 

of  Worcester  County: 
deputy-sheriff  of,  allowance  to,  for  securing  de- 
serters,  c 

SHIRLEY-BATTERY. 

to  be  repaired, 

SHREWSBURY.  Town  of. 

line  of  jurisdiction  between,  and  Grafton,  settled,  i 
SHUTESBURY,  Town  of. 
assessors  in,  impowered  to  issue  their  warrants  to 
constables  for  the  collection  of  taxes,         .  1 
SIX  NATIONS. 
Indian  children  of,  allowance  for  the  education,  etc., 
of,     16,  243.  273,  359,  376.  403,  489,  5S3,  677,  7 
SLOOP  MASSACHUSETTS. 

establishment  of,  to  be  discontinued,  .         .  ] 

SLOOP      (Snow)     PROVINCE,     PRINCE     OF 
WALES. 
Capt.  Nathaniel  Dowse,  commander: 
allowance  to  certain  sailors  taken  captive  while 
in  service  on,  .         .         .         ,         .  1 

SLOOP  RANGER. 

impressed  into  the  service, 2 

SMALLPOX. 

prohibition  of  inoculation  of,  .         .         .         .5 

SOUTH  BRIMFIELD.  District  of. 
East  parish  in,  certain  inhabitant  of,  with  his  es- 
tate, annexed  to  the  West  parish,  .  C 
meeting-house  in,  expense  relative  to  the  location 

of,  allowed, 2 

taxes  in,  relative  to.  ......  2 

SOUTH  HADLEY,  District  of. 
discharged  of  a  certain  part  of  the  Province  tax,     .  4 
Province  tax  in,  certain  sum  to  be  added  to,  .  1 

SOUTHBOROUGH,  Town  of. 

fine  remitted  to,       ,  .         .  .5 

SPEAKER     OF    THE    HOUSE    OF     REPRE- 
SENTATIVES. 
Thomas  Gushing;  allowance  to,    181,  2S4.  389,  441,  i{ 
578,  671.  7 
Samuel  White,  allowance  to,  .... 

SPENCERTOWN  {New  York),  Town  of. 
innkeeper  at,  account  of  supplies  for  sick  soldier 

allowed,  5 

SPIRITUOUS  LIQUORS. 
collectors  of  excise  on: 

for  all  the  counties,  chosen,  .... 

excise  on,  remitted  to  Hewit  Root, 
licenses  granted  to  the  following  persons  to  sell: 

John  Barnard,  Salem, 1 

Thomas  Britt,  Boston, 1 

Henry  Young  Brown,  Pigwacket,         .         .         .4 
Samuel  Caldwell,  Taunton,  .         .         .         .  1 

Joseph  Frye,  Fryeburg, 4 

Isaac  Hall,  Medford, I 

Mary  Marshall,  Boston. 2 

Robert  Orr,  Dichton, 2 

John  Pigeon,  Newton, 3 

Mary  Tailer,  Boston,    .         .         .         .         .         .7 

Elizabeth  Trefry,  Boston, 2 


STAMP  ACT. 

civil  actions  suspended  on  account  of,    . 
STEALING  {see  Larceny). 
STOCXBRIDGE  INDIANS. 

account  of  payments  by  Timothy  Woodbridge  to, 

allowed,        .  -  .         -         . 

certain,  impowered  to  sell  a  portion  of  their  lands, 

impowered  to  sell  land: 

Da\'id  Naunauneekaunuck,         .         .         .         .  i 

STOREHOUSE. 

at  Cushnoc,  establishment  at,         .         .         .         . 
STOUGHTON,  Town  of. 
committee  of  Dorchester  and  of.  impowered  to  sell 


Second  precinct  in.  proceedings  of  a  meeting  in, 

confirmed,  | 

taxes  in: 
appointment  of  collector  of,  confirmed.       .         .  J 
apportionment  of  Province,  .... 

STOUGHTONHAM,  District  of. 
Pro\'ince  Laws,  books  of,  allowed  to,      . 
taxes  in,  apportionment  of  Province, 
STRANGERS. 

allowance  for  assistance  rendered  to,       .        16,  99, 1 
STURBRIDGE,  Town  of. 
fine  for  not  supporting  a  grammar  school,  remitted 

to. 

SUFFOLK  COUNTY. 
collector  of  excise  for,  chosen,  ..... 
committee     for     farming     excise     in,    allowance 

to, 

justices  of  court  of  general  sessions  in.  impowered 

to  grant  a  license,  76,  166.  272,  281, ; 

justices  of  inferior  court  in.  impowered  to  admit 

pleas  of  Samuel  White,  .         .  i 

justices  of  inferior  court  in,  impowered  to  hear  and 
try  action,  ...... 

justices  of  superior  court  of  judicature,  etc..  in, 
impowered   to  admit  an  appeal  from  a 

judgment, ^ 

justices  of  superior  court  of  judicature,  etc..  in, 

impowered  to  hear  a  cause  in  chancery,     .  ' 
justices  of  superior  court  of  judicatiue,  etc.,  in, 

impowered  to  hear  and  try  action,    74,  679. ' 
justices  of  superior  court  of  judicature,  etc.,  in, 
impowered  to  recommit  report  made  by 
referees  in  a  certain  action,         .         .         .  i 
treasurer  of,  account  allowed,    37,  126.  251,  366.  3 
470,561,641,; 
SUNCOOK. 
equivalent  township  granted  to  the  heirs  of  Capt. 
John  Lovewell  and  associates.    .         .         .  ' 
SURGEONS  AND  PHYSICIANS. 
physicians: 
certain  amount  allowed  to  Francis  Le  Blanc  to 
pay.  bill,  .         .  ] 


Dr.  William  Deming,  allowance  to,  for  medical 
attendance  upon  certain  Indians,       .         .  i 
SUTTON,  Town  of. 
boundary  between,  and  town  of  Uxbridge: 
allowance  to  committee  for  settling.    .  .  I 

established,   ........; 

certain  inhabitants  of,  and  of  Worcester,  Leicester 
and  Oxford  erected  into  a  precinct,    . 
SYLVESTER-CANADA  TOWNSHIP. 
township  granted  to  proprietors  of,  as  an  equiva- 
lent, relative  to,  ...       48,  129, ; 


Index. 


891 


T. 


TACONIC  MOUNTAIN. 

titles  to  lands  on,  confirmed SU 

TAUNTON,  Town  of. 
boundary  between,  and  Middleborough: 
allowance  to  committee  on,  ....  504 

cstabliahed, 503 

TAUNTON  NORTH  PURCHASE. 
in  Easton,  appropriated  for  the  ministry,  relative 

to  the  sale  of, 636 

TAVERNS. 
at  Spencertown  (New  York): 
keeper  of,  account  of  supplies  for  sick  soldiers 

allowed, 541 

licenses  granted  to  the  following  persona  to  keep: 

Elijah  Bent,  Sudbury, 5S5 

Jacob  Calmehorn,  The  Gore,  West  of  Pittsfield,  176 

William  G.X)dhue,  Salem, 203 

William  Goodrich,  Stockbridge,   ....  690 
Samuel  Leonard,  Springfield,       ....  409 

Margaret  Moore,  Boston, 76 

Samuel  Read  (Uxbridge) 44S 

TiUey  Rice,  Brookfield 244 

Jonathan  Webb,  Salem, 656 

TAXES. 
excise  tax,  petition  of  Samuel  Williams  relative  to,    325 
in  Ashburnham,  relative  to  Province,    .  271 

in  Ashfield  (Huntstown),  relative  to,    333,  450,  495,  654 

in  Becket,  relative  to 652 

in  Boxford,  relative  to  an  assessment  of,                39,  94 
in  Brimfield  and  District  of  South  Brimfield,  cer- 
tain sum  to  be  added  to  Province,     .         .  139 
in  Brunswick,  certain  ptoportion  of  Province  tax 
taken  from  Gorhamtown,  added  to  Prov- 
ince  100 

in  Charlemont,  assessment  of,         ...         .  186 
in  Chatham,  Province  tax,  remitted,      ,        .         .  453 
in  Chesterfield: 
relative  to  levying,  upon  non-resident  proprie- 
tors,      641 

in  Deerfield: 
certain  sum  to  be  added  to  Province,  .         -    25 

certain  sum  to  be  taken  from  Province  tax  in,  to 
be  added  to  Province  tax  in  District  of 
Conway,       ......    364,  474 

certain  sum  to  be  taken  from  Province  tax,  to  be 
added  to  Province  tax  in  District  of  Shel- 

burne, 474 

in  Dighton,  relative  to  ministerial,         .    409,  506,  565 
in     District    of    Cape    Elizabeth     (Cumberland 
County): 

relative  to, 152 

in  District  of  Conway: 
assessment  of,        ......         .  350 

certain  sum  to  be  added  to  Province,  .    364,  474 

in  District  of  Egremont,  relative  to  the  collection 

of 238 

in  District  of  New  Salem,  lands  belonging  to  delin- 
quent proprietors  to  be  sold,  to  pay,  .         .         .  540 
in  District  of  Oakham: 

assessment  of, 176 

assessors  impowered  to  complete  the  collection 

of 177 

constable  impowered  to  collect,   .         .         .         .85 
in  District  of  Palmer,  relative  to,  .         .  .  241 

in  District  of  Shelburne,  relative  to  Province,       .  474 
in  District  of  South  Brimfield,  relative  to,     .         .  237 


TAXES  —  continued. 
in  District  of  South  Hadley,  relative  to  Province,  127, 

430 
in  District  of  Stoughtonham,  apportionment  of 

Province,     .......    59 

in  District  of  Westminster,  assessment  of,      .         .  309 
in  East  Hoosac  Township,  assessment  of,  .  SIS 

in  Edgartown,  certain  sum  to  be  added  to  Province,  681 
in  Falmouth  (Cumberland  County),  certain  pro- 
portion of  Province  tax  taken  from  Gor- 
hamtown, added  to  Province,     .         .         .  100 
in  Fitchburg,  assessment  of,    .  .  191 

in  Framingham,  certain  sum  to  be  added  to  Prov- 
ince,    ........  412 

in  Freetown,  collector  of,  to  be  chosen,  .  .  .  151 
in  Gloucester,  abatement  of  Province,  .  -  -  200 
in  Gorham  (formerly    Gorhamtown)    relative    to 

Province, 31,  100 

in  Granby,  relative  to  Province,  ....  430 
in  Great  Barrington,  relative  to  Province,  .  .  208 
in  Haverhill,  First  parish,  impowered  to  choose  a 

collector  of, 205 

in  Kittery,  First  pariah,  collector  of,  impowered  to 

collect,  .......    56 

in  Lanesborough,  assessment  of,  on  lands  of  de- 
linquent proprietors,  .....  172 

in  Leominster,  relative  to,       ...         .     70,  115 

in  Middleborough,  relative  to,         ....  155 

in  Newbury,  relative  to,  ...       18,  387,  452 

in  Newburyport,  relative  to,  .         .  .      18,  387 

in  North  Yarmouth,  certain  proportion  of  Prov- 
ince tax  taken  from  Gorhamtown,  added 
to  Province,         ......  100 

in  parish  of  Pocasset  (Sandwich),  relative  to  min- 
isterial,        .         .         .         .         .         .         .516 

in  Pownalborough: 
collector  of,  impowered  to  collect,        .         .         .  333 
collector  of,  to  be  chosen,     .....  149 

in  Rutland,  North  East  Quarter,  assessment  of,  on 

lands  of  non-residents,         ....  231 

in  Scarborough,  collector  of,  to  be  chosen,  .  .  51 
in  Sheffield,  certain  sum  to  be  added  to  Province,  208 
in  Shutesbury,  relative  to  the  collection  of,  .  .  139 
in  Stoughton: 
appointment  of  collector  of,  confirmed,  .  .318 
apportionment  of  Province,  .         -         .         .59 

in  Township  Number  Four  (Becket)  Province  tax 

remitted 13 

in  Tyringham,  relative  to  Province,        .         .         .126 

in  Warwick,  relative  to, 15S 

in  Winchendon: 
confirmation  of  vote  relative  to  assessment  of,     .  154 

Province,  relative  to 236,  39S 

in  Windham  (Cumberland  County): 

assessment  of, 325 

assessment  of,  for  1772,  confirmed,       .         .         .  756 
in  the  towns  in  Essex  County,  sum  paid  to  com- 
mittee on  bridge  in  Danverg  to  be  added  to,  315 
right  of  the  House  of  Representatives  to  originate,  809 
sundry  inhabitants  of  certain  places  exempt  from, 

by  Fitchburg  and  Ashburnham,         .  41 

TEA,  COFFEE  AND  CHINA  WARE. 
farming  excise  on: 
committee   on,    in    Suffolk   County: 

allowance  to,      .  .         .         .         .42 

committee  on,  report  of,       .         .         .         .        12,  68 


892 


Index. 


TEMPLETON,  Town  of. 
certain  inhabitants  of  Athol  and  of,  with  their  es- 
tates, erected  into  a  precinct, 
THATCHERS  ISLAND. 
committee  to  purchase,  appointment  of, 
lighthouse  on: 
committee  to  build,  appointment  of,  .  .  ; 

committee  to  take  care  of,  appointment  of, 
keeper  of,  allowance  to,  for  services,    . 
to  be  erected,  .         ,         .         .  ,         .         .  ; 

THEFT  (see  Larceny). 
TOPSFIELD,  Town  of. 
certain  inhabitants  of  Ipswich,  with  their  estates, 

annexed  to, ' 

TOWN  OR  PRECINCT  MEETINGS. 
in  any  town,  district  or  precinct,  proceedings  at, 

confirmed,  .  .  : 

in  Ashfield,  proceedings  at,  confirmed,  .  .  : 

in  Athol,  proceedings  at,  confirmed,       .  .  ! 

in  Bakerstown,  proceedings  at,  confirmed,      .         .  , 
in  BelUngham: 
order  of  court  relative  to  the  proceedings  at, 
construed,    ...,,.. 
to  be  called,  ........ 

in  Berkley,  proceedings  at,  confirmed,   .         .         .  ; 
in  Boothbay  (Province  of  Maine)  to  be  called,       .  ( 
in  District  of  Danvers,  proceedings  at,  confirmed,  i 
in  District  of  Hubbardston,  proceedings  at,  con- 
firmed, .         .         .  .  I 

in  District  of  Natick,  petition  of  certain  inhabi- 
tants for  proceedings  at,  to  be  null  and 

void, ; 

in  District  of  Oakham,  proceedings  on  warrants 

of,  ratified  and  confirmed,  . 
in  Great  Barrington,  to  be  called,  .  1 

in   Haverhill,   First   parish,   proceedings  at,  con- 
firmed, .         .  .         .         .  i 
in  Murrayfield  (Chester),  to  be  called,   .  .  ; 
in  new  plantations  in  Lincoln  County,  notification 

of,  to  choose  officers,   .  .  .  ] 

in  Pearsontown  (Pearson  and  Hobbstown): 

votes  at,  confirmed,  .  .         .  c 

in  Pownalborough: 

proceedings  at,  confirmed, I 

to  be  called,  .         .         .         .         .         .         .4 

in  Rochester,  relative  to  the  proceedings  of,  . 
in  Stoughton,  Second  precinct,  proceedings  at,  con- 
firmed, .  .  S 
in  Upper  Housatonic  Township,  to  be  called,        .  < 
proceedings  at,  of  the  proprietors  of  Pemaquid 
Lands,  confirmed,        .         .                  .         .  i 

TOWNS. 
Andover: 
North  parish  in,  certain  inhabitant  of  Andover, 
with  his  estate,  annexed  to,  .         .  ( 

Ashburnham: 

Province  tax  assessed  in,  removed,      .         .         .  S 
Ashfield  (Huntstown): 

confirmation  of  sale  of  lands  in,  .          .                   .  't 
proceedings  at  town  meetings  in,  confirmed,      .  c 
Province  Laws,  books  of,  allowed  to,  . 
sale  of  lands  of  delinquent  proprietors  in,  ap- 
pointment of  committee  relative  to,           .  ( 
taxes  in.  relative  to,      .                  .      333,  450,  495,  ( 
tract  of  land  near,  granted    to  Joseph  Wash- 
burn,     ; 

Athol: 
certain  inhabitants  of,  and  of  Templeton,  with 

their  estates,  erected  into  a  precinct,  .  i 

proceedings  at  town-meeting  in,  confirmed,        .  c 


TOWNS  —  continued. 
Barnstable: 

Notary  Public  for,  chosen,    93,  180,  296,  444,  492, 
585,  675,  750 
Becket: 
certain  lands  with  the  inhabitants  thereof,  an- 
nexed to,      ......         .  575 

power    to,    relative    to    levying    taxes,    termi- 
nated,   652 

Province  Laws,  books  of,  allowed  to,  .  .83 

Bedford: 
certain   family  in   Lexington,   with   his  estate, 

annexed  to,  ......  346 

Belli  ngham: 
order  of  court,  relative  to  the  proceedings  at 

town-meeting  in,  construed,  .78 

proceedings  of  annual  meeting  at,  confirmed,  28 

Berkley: 
allowance  to,  for  supporting  two  Indians,  .         .  787 
proceedings  at  town-meeting  in,  confirmed,        .  244 
Bernardston: 
equivalent  land: 
confirmation  of,  to  proprietors  of,     .  .65 

granted  to  proprietors  of,  ....    44 

Ebenezer  Sheldon  of,  allowance  to,  for  services, 


etc., 


32 


Biddeford: 

plan  of  certain  townships  with  boundary  lines 

of  Falmouth,  Scarborough  and,  relative  to,  228, 
253 
Bolton: 

highways  in,  confirmed,        .....  130 
Boothbay  (Province  of  Maine): 

proceedings  of  officers  of,  confirmed,   .         .         .54 

town-meeting  to  be  called  at,       ...         .  814 
Boston: 

allowance  to,  for  hiring  a  vessel  to  carry  dis- 


fire  in,  allowance  to  sufferers  from,  .         .  198 

Notaries  PubUc  for,  chosen,     93,  180,  296,  444,  492, 
585,  675,  750 
old  powder-magazine,  materials  of,  to  be  sold,    .  628 
Province  hospital  in  West  part  of,  relative  to,  252,  384 
riots  in,  expense  of  committee  to  inquire  relative 

to,  allowed,  ......  215 

Boxford: 
certain  sum  to  be  laid  on,    .....  459 

relative  to  a  revisal  of  an  assessment  upon,  for  a 

highway, 39, 94 

Braintree: 
fine  remitted  to,    ......         .  184 

Bridgewater: 
East  precinct  in,  certain  persons  in,  with  their 

estates,  annexed  to  the  North  precinct,     .      8 
Brimfield: 
Province  tax  in,  relative  to,  ....  139 

Brook  field: 

private  or  town  ways  in,  confirmed,     .  .  585 

Brunsmck: 
Province  tax  in,  certain  proportion  of  Province 

tax  taken  from  Gorhamtown,  added  to,  .  100 
Charlemont : 
certain    land    between,    and     Deerfield    River 

granted  to  Samuel  Pierce,  ....  597 

land  confirmed  to  Hezekiah  Ward  and  others, 

annexed  to,  ......  751 

Province  Laws,  books  of,  allowed  to,  .         .         .    71 
taxes  in,  assessment  of,         .....  186 

tract  of  land  between  District  of  Shelburne  £ 
confirmed  to  Timothy  Farley,    . 


Dd, 


Index. 


893 


TOWNS  —  continued. 
Charlestown: 
Notaries  Public  for,  choaen,    296,  444,  492,  585,  675, 

750 
Chatham: 
Notary  Public  for,  chosen,  ....    675,  750 

Province  tax  remitted  to, 453 

Chelsea: 

fine  remitted  to, 545 

Chesterfield: 
Province  Laws,  books  of,  to  be  delivered  to,   83,  353 
relative  to  levying  taxes  on  non-resident  pro- 
prietors of,  ......         .  641 

Colrain : 

equivalent  land  granted  to  proprietors  of,  .     44,  596 
Concord: 
constable  in,  discharged  of  debts  due  the  Prov- 
ince,    ........  310 

jail  in,  collector  of  taxes  liberated  from,      .         .  412 
Deerfield: 

Province  tax  in,  relative  to,  .      25,  364,  474 

Dighton: 
ministerial  affairs  in,  relative  to,  .      506,  565  bis 

taxes  in,  injunction  against  collecting,         .         .  409 
Dorchester: 
committee  of,  and  of  Stoughton  impowered  to 

sell  lands. 570 

committee  of,  impowered  to  sell  certain  lands,  .  239 
Dunstable: 
fine  remitted  to,    ......         .  815 

Duxbury: 

fine  remitted  to, 813 

Eastham : 

and  District  of  Wellfleet,  fine  remitted  to  .         .  762 
Easton: 

relative  to  ministerial  lands  in,    .         .         .         .  636 
Edgartown  (Dukes  County): 
certain  pond  and  beach  at,  expense  of  committee 

on,  allowed, 681 

Notary  Public  for,  chosen,    93,  180,  296,  444.  492,  585, 
675,  750 
Falmouth  (Barnstable  County): 
Notary  PubUc  for.  chosen,    93,  180,  296,  444,  492,  585, 
675,  750 
Falmouth  (Cumberland  County): 
boundary  Une  between  First  and  Third  parishes 

in,  established,    ......  660 

certain  inhabitants  annexed  to  First  parish  in. 
to  be  set  back  to  District  of  Cape  Eliza- 
beth,     194 

First  parish  in,  acta  of  assessors  in,  confirmed,  .  421 
Notary  Public  for,  chosen,  93,  180,  296,  445,  492,  585, 
675,  750 
parishes  in,  construction  of  a  resolve  relative  to,  33 
plan  of  certain  townships  with  boundary  lines 
of,  Scarborough  and   Biddeford,  relative 

to, 228,  253 

Province  tax  in.  certain  proportion  of  Province 

tax  taken  from  Gorhamtown  added  to,     .  100 
taxes  in.  relative  to,      ....         -         -  152 

Fitchburg: 
Province  Laws,  books  of,  allowed  to,  .  .73 

taxes  in,  assessment  of,  on  lands  of  non-resident 

proprietors,  ......  191 

Framingham: 
to  be  reassessed  a  certain  sum,     ....  412 

Freetown: 

collector  of  taxes  to  be  chosen  in,         .         .         .  151 
Georgetown  (Lincoln  County,  Province  of  Maine): 
fine  remitted  to, 545 


TOWNS  —  continued. 
Gloucester: 
Notary  Public  for,  chosen,    93,  ISO,  296.  444.  492,  585, 
675,  750 
Province  tax  in,  abatement  of,     .         .  .  200 

Gorham: 
Province  Laws,  books  of.  allowed  to,  .  .33 

relative  to  Province  tax  laid  on  Gorhamtown, 

now 31,  100 

Grafton: 

fine  remitted  to. 128,  815 

hne   of  jurisdiction   between   Shrewsbury  and 

Grafton,  settled, 664 

roads  in,  estabhshed, 97 

Granby: 

Province  tax  in,  relative  to,  ....  430 

Great  Barrington: 
jail  in,  prisoner  released  from,      ....  187 
Province  tax  in,  certain  sum  deducted  from,     .  208 
town-meeting  in,  allowance  to  Joseph  Hawley 

for  expense  in  attending,    .  .203 

town-meeting  in,  declared  null  and  void,    .         .  129 
Groton: 
proprietors  of: 
equivalent  land  confirmed  to,  .  .  .  .  605 

equivalent  Iqnd  granted  to,       ...         .  552 
Hard  wick: 

allowance  to, 750 

Haverhill : 
First  parish  in: 
impowered  to  choose  collector  of  taxes,  .         .  205 
proceedings  at  meeting  in,  confirmed,  ,  316 

selectmen  of,  impowered  to  execute  a  deed,        .  790 
Hingham: 

reimbursed  for  support  of  an  Indian  woman,     .  780 
Holden: 

fine  remitted  to, -  769 

Hopkinton: 

fine  remitted  to 249 

Ipswich: 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  Topsfield, 758 

certain  sum  to  be  laid  on,    .....  459 
Notary  Public  for,  chosen,    93,  ISO,  296,  444,  492,  585, 
675,  750 
Kingston: 

allowance  to, 750 

Kittery : 
First  parish  in: 
collector  of  taxes  in,  impowered  to  finish  col- 
lecting the  taxes,  .  .56 
Notary  PubUc  for,  chosen,    93,  180,  296.  445,  492.  585, 
675,  750 
Lanesborough: 
Province  Laws,  books  of,  allowed  to,  .  .83 
taxes  in,  assessment  of,  on  lands  of  delinquent 

proprietors, 172 

Leicester: 
certain  inhabitants  of,  and  of  Worcester,  Oxford 

and  Sutton,  erected  into  a  precinct,  .         .  728 
Leominster: 
certain  inhabitants  of,  to  pay  taxes  only  in  the 

First  precinct,  .         .         .70 

fine  remitted  to.    .  813 

Second  precinct  in,  certain  inhabitants  to  pay 

taxes  to,       .         .         .  .         .         .115 

Lexington: 
allowance  to,  .......     16 

certain  family  in,  with  his  estate,  annexed  to 

Bedford, 346 


894 


Index. 


TOWNS  —  continued. 
Lexington  —  contin  ued. 
selectmen  of; 
to  procure  a  passage  for  Hamilton  Hussey  to 

his  native  country, 35 

to  provide  for  the  support  of  a  certain  family,  235 
Littleton: 

fine  remitted  to 816 

Lynn: 
First  parish  in: 
certain  inhabitants  of,  with  their  estates,  an- 
nexed to  the  Third  parish,  .         .         .  743 
relative  to  sale  of  land  belonging  to,         .         .  437 
Marblehead: 
Notary  PubUc  for,  chosen,    93,  ISO,  296,  444,  492,  585, 
675,  750 
Med  way: 

fine  remitted  to, 811 

overseers  of  the  poor  in: 
allowance  to,  for  support  of  a  poor  person,      .  430 
Mendon: 
First   precinct   in,   certain   inhabitants   of   the 
Easterly  precinct,  with  their  estates,  an- 
nexed to 205 

Middle  bo  rough : 
boundary  between  Taunton  and: 

allowance  to  committee  on 504 

established, 503 

re-asseased  a  certain  sum,  to  be  added  to  nest 

Province  tax, 155 

Middleton: 

certain  sum  to  be  laid  on, 459 

Milton: 

discharged  conditionally  of  a  certain  sum,  .         .  673 
Murray  field  (Chester): 
confirmation  of,  to  Timothy  Paine  and  others,  .  123 
Hst  of  valuation  of  estates,  to  be  taken,       .         .  286 
Province  Laws,  books  of,  allowed  to,  .         .         .    83 
Nantucket: 
Notary  Pubhc  for,  chosen,    93,  180,  296,  444,  492,  5S5, 
675,  750 
Needham: 

fine  remitted  to 807 

Newbury: 
First  and  Third  parishes  in,  order  relative  to 
exempting  certain  persons  from  taxes  in, 

construed, 452 

Notary  Pubfic  for,  chosen,    93,  180,  296,  444,  492,  585 

relative  to  taxes  in, 18, 387 

Newburyport : 
Notary  Public  for,  chosen,  ....    675,  750 

relative  to  taxes  in 18,  337 

North  Yarmouth: 
certain  lots  of  land  in,  confirmed  to  heirs  and 

legal  representatives  of  sundry  proprietors,  637 
Province  tax  in,  certain  proportion  of  Province 

tax  taken  from  Gorhamtown,  added  to,    .  100 
Oxford: 
certain  inhabitants  of,  and  of  Worcester,  Leices- 
ter and  Sutton  erected  into  a  precinct,     .  723 
Pittsfield  (Boston  Township  Number  Three): 
petition  of  proprietors  of,  relative  to  a  writ  of 

ejectment, 90 

Plymouth; 
impowered  to  raise  a  certain  sum  to  repair  the 

beach,  33 

jail  in,  prisoner  liberated  from,    .         .         .         .155 
lighthouse  at  the  entrance  of  the  harbor  of,  rela- 
tive to,    311,  320,  349,  350,  458,  463,  500,  515. 
587,  672.  769 


TOWNS  —  continued. 
Plymouth  —  continued. 
Notary  Public  for,  chosen,    93,  180,  296,  444,  492,  585, 
675,  750 
reimbursed  by  the  Province  Treasurer  the  sum 

expended  on  strangers  sick  in,    .         .         .    99 
repairs  on  Eel  River  bridge,  half  of  expense  of, 

allowed, 808 

Pownalborough: 
collector  of  taxes  in,  impowered  to  collect  the 

taxes,  333 

collector  of  taxes  to  be  chosen  in,         .         .         .  149 
proceedings  at  meeting  in,  confirmed,  .         .  570 

Princeton: 
Province  lands  on  North  side  of,  relative  to  sale 

of 558,  727,  790 

Province  town: 
certain  sum  allowed  to,  for  support  of  the  min- 
istry,   ....       340,  450,  488,  59S,  777 
Reading : 
certain  sum  to  be  laid  on,    .....  459 
South  precinct  in,  divided  into  two  precincts,     .  395 
Rehoboth: 

certain  land  in,  to  be  sold, 694 

Richmont  (Richmond): 
certain  inhabitants  of  District  of  Lenox,  with 

their  estates,  annexed  to,    .         .         .         .  609 
Province  Laws,  books  of,  allowed  to,  .         .         .83 
Rowley : 

allowance  to,  for  support  of  a  poor  person.  .  507 

Roxbury: 
directions  to,  relative  to  a  stranger,     .         .         .  194 
free-school  in,  feoffees  of  trust  for,  impowered 

to  sell  land 254 

selectmen  of,  petition  of,  to  set  aside  a  judg- 
ment  162 

Royalston: 
equivalent  lands  granted  to  the  original  pro- 
prietors of, .211 

Province  Laws,  books  of,  allowed  to,  .         .         .83 
Rutland: 
North  East  Quarter  of,  assessment  of  a  tax  on 

lands  of  nonresidents  in,     .         .         .         .  231 
Salem: 
Notary  Public  for,  chosen,    93,  ISO,  296,  444,  492.  585, 
675.  750 
Sandwich: 
fire  in,  allowance  to  committee  appointed  to 

report  on, 697 

Pocasset,  part  of,  inhabitants  of,  erected  into  a 

separate  parish,  ......  448 

Sanford,  Maine  (Phillipstown): 

Province  Laws,  books  of,  allowed  to,  .         .         .  325 
Scarborough: 
allowance  to,  for  sufferers  from  fire,     .         .         .  102 
collector  of  taxes  in,  to  be  chosen,        .         .         .51 

fine  renaitted  to, 630 

First  parish  in,  certain  persons  in,  with  their 

estates,  set  off  to  the  Second  parish,  .    81 

plan  of  certain  townships  with  boundary  fines  of 

Falmouth,  and  Biddeford,  relative  to,  228,  253 
Sheffield: 
certain    sum    to    be    added    to    Province    tax 

in 208 

S  her  born: 
certain  sum  granted  to,  for  the  settlement  of  a 

minister,      .......  446 

fine  remitted  to,    ......         .  544 

selectmen  of,  allowance  to,  for  support  of  an 

Indian  woman, 501 


Ikdex. 


895 


TOWNS  —  continued. 

Sherburn  (Nantucket  County): 

annexation  of  two  islands  to,  relative  to,     .         .  f 
Shrewsbury: 

line  of  jurisdiction  between,  and  Grafton,  settled,  t 
Shutesbury: 
assessors  in,  impowered  to  issue  their  warrants 
to  constables  for  the  collection  of  taxes,     .  J 
Southborough: 

fine  remitted  to, I 

Spencertown  (New  York): 
innkeeper  at,  account  of  supplies  for  sick  sol- 
diers allowed I 

Stoughton: 
committee  of  Dorchester  and  of,  impowered  to 

sell  lands,     . I 

Second  precinct  in,  proceedings  of  a  meeting  in, 

confirmed,  '. 

taxes  in : 
appointment  of  collector  of,  confirmed,    .         .  I 
apportionment  of  Province,      .... 
Sturbridge: 
fine  for  not  supporting  a  grammar  school,  re- 
mitted to 

Sutton: 
boundary  between,  and  Uxbridge: 
allowance  to  committee  for  settling,         .         .  ; 

established '. 

certain  inhabitants  of.  and  of  Worcester,  Leices- 
ter and  Oxford  erected  into  a  precinct,      .  ' 
Taunton: 
boundary  between,  and  Middleborough: 

allowance  to  committee  on ; 

established, 

Templeton: 
certain  inhabitants  of  Athol  and  of,  with  their 
estates,  erected  into  a  precinct, 
Topsfield: 
certain  inhabitants  of  Ipswich,  with  their  es- 
tates, annexed  to, 

Townsend: 
certain    inhabitants    of,    and    of    other    places 
exempt  from  taxation  by  Fitchburg  and 
Ashburnham,       ...... 

equivalent  lands  granted  to  proprietors  of,        .  . 
proprietors  of,  petition  of,  relative  to  disputes 

about  transfers, 

TjTingham: 
Province  Laws,  books  of,  allowed  to,  . 
ratable   polls  and   estates  in,  Hat  of,  to  be  re- 
turned to  House  of  Representatives, 
Upton: 

fine  remitted  to, 562, 1 

roads  in,  established, 

Uxbridge: 
boundary  between  Sutton  and: 
allowance  to  committee  for  settling,         .         .  ; 

established, ■ 

certain  amount  allowed  to, 

constable  in,  allowance  to, 

fine  remitted  to 

land  granted  to,  as  an  equivalent,      .         .    425, 

ways  in,  confirmation  of, 

"Waltham: 
boundary  between,  and  Weston,  established, 
relative  to  the  sale  of  a  certain  farm  in,        .   546, 
Ware  ham : 

fine  remitted  to, 

Warwick: 
delinquent  proprietors  of,  to  be  assessed,    . 


TOWNS  —  continued. 

Wellfleet: 

Notary  Public  for,  chosen, 750 

Wells: 

Notary  Public  for,  chosen,    93,  180,  296,  445,  492,  585, 
675,  750 
Westfield: 

bridge  in,  expense  of  viewing,  allowed,        ,         .  209 
Westford: 

fine  remitted  to, 544,  814 

Weston: 

boundary      between     Waltham      and,      estab- 
lished  141 

Wilbraham: 

Province  Laws,  books  of,  allowed  to,  .         .     S3,  341 
Williamstown: 

Province  Laws,  books  of,  allowed  to,  .         .         .    83 
Winchendon: 

Province  tax  in,  relative  to,  ...    236,  398 

taxes  in,  confirmation  of  a  vote  relative  to  assess- 
ment of, .  154 

Windham,  Maine  (formerly  New  Marblehead): 

assessments  in,  confirmed,  ....  714 

half  of  a  fine  remitted  to  assessor  in,  .         .         .  755 

Province  Laws,  books  of,  allowed  to,  .         .         .    83 

taxes  in,  assessment  of,         ....         .  325 
Worcester: 

certain  inhabitants  of,  and  of  Leicester,  Oxford 

and  Sutton  erected  into  a  precinct,    .         .  728 

certain  land  belonging  to  John  Tatman  :: 


to, 


663 


Worthington: 

Province  Laws,  books  of,  to  be  furnished  to,       .  463 
Wrentham : 
selectmen  of,  allowance  to,  for  support  of  cer- 
tain poor  children, 475 

York: 
Notary  Public  for,  chosen,    93,  180,  296,  445.  492,  585, 
675,  750 
certain,  in  Province  of  Massachusetts  Bay,  relative 

to  the  secession  of,  to  Connecticut,    .         .  312 
in  Essex  County: 
expense  of  committee  on  bridge  in  Danvers  to 

be  added  to  taxes  in, 315 

in  Worcester  County: 
Province  tax  taken  from  Ashburnham  to  be  laid 

on  certain, .  271 

Province   tax   taken  from   Winchendon   to   be 

added  to  Province  tax  in  certain,       .         .  236 
to  choose  a  Register  of  Deeds,      ....  127 

in  York  County,  impowered  to  choose  a  County 

Treasurer,    .......     10 

TOWNSEND,  Town  of, 
certain  inhabitants  of,  and  of  other  places,  exempt 
from  taxation  by  Fitchburg  and  Ashburn- 
ham,             ...    41 

equivalent  land  granted  to  proprietors  of,      .         .  514 
proprietors   of,  petition   of,  relative    to    disputes 

about  transfers, 601 

TOWNSHIPS  OR  PLANTATIONS. 
agent  for  several,  allowance  to,  for  expenses  of 

journey, 310 

Bakers  town: 
proceedings  at  meetings  in,  confirmed,        .         .  152 
township  granted  to  proprietors  of,  as  an  equiv- 
alent, relative  to,         .         .         .        47,  58, 356 
between  Penobscot  River  and  St.  Croix  River: 
granted  to  David  Bean  and  others: 
further  time  allowed  to  obtain  His  Majesty's 
approbation  of, 363 


896 


Index. 


TOWNSHIPS  OR  PLANTATIONS  — cott^muaf. 
between  Penobscot  River  and  St.  Croix  River  — 
continued. 
Six,  granted  to  David  Marah  and  others: 
further  time  allowed  to  obtain  Hia  Majesty'3 
approbation  of,    .         .  .    199, 2 

East  Hoosac: 
granted  to  John  Murray  and  others,  committee 

to  examine  boundary,  .         .         .         .  i 

taxes  in,  assessment  of,  .         .         .         .  S 

East  of  Mount  Desert  (Union)  River: 
Township  Number  Tliree: 
granted  to  Nathan  Jones  and  others,  further 
time  allowed  to  obtain  His  Majesty's  ap- 
probation of,        ....         .    173,  4 
East  of  Saco  River: 
granted  to  Capt.  Joshua  Fuller  and  others,  as 

an  equivalent,  relative  to,  537,  593,  ( 

granted  to  Samuel  Livermore  and  othera,  as  an 

equivalent,  .....    537, 1 

granted  to  James  Otis  and  others,  as  an  equiva- 
lent, relative  to,  ....    542, 1 
granted   to  David  Phips  and  othera,   relative 


to, 


granted  to  proprietors  and  legal  representatives 
of  Township  Number  SLx,  as  an  equiva- 
lent,      7 

granted  to  Josiah  Richardson  and  others,  rela- 
tive to,         ......    344,  3 

granted  to  the  legal  representatives  of  the  com- 
pany under  Capt.  William  Raymond,  as 
an  equivalent,  relative  to,  .         .     48,  1 

granted  to  Samuel  VVhittemore  and  others,  as 
an  equivalent,  .  .         .         .  ? 

granted  to  Capt.  Henry  Young  Brown,  relative 

to, W,  1 

granted  to  William  Bullock  and   others,   as  an 

equivalent,  relative  to,        .  .    514, 5 

granted  to  the  original  proprietors  of  Pennacook, 

as  an  equivalent,         .  .7 

Huntstown: 

confirmation  of  lands  to  proprietors  of, 
Narragansett  Township    Number  One    (Buxton, 
Maine): 
plan  of,  and  certain  other  townships  with  bound- 
ary lines  of  certain  towns,  relative  to,     22S,  2 
Narragansett  Township  Number  Seven  (Gorham, 
Maine) : 
plan  of,  and  certain  other  townships  with  bound- 
ary lines  of  certain  towns,  relative  to,  223,  2 
new,  in  Lincoln  County,  notification  of  meetings 
in,  to  choose  officers,  .         .         .         .         .  '1 

Number  One  (Eaat  Hoosac): 

confirmation  of,  to  Nathan  Jones  and  others,     .  1 
Number  Two  (Peru): 
confirmation     of,     to     Oliver     Partridge     and 
others,  .......  1 

Number  Three  (Worthington): 
equivalent  land  granted  to  Aaron  Willard  and 
othera,  purchasers  of,  relative  to,        .     38,  1 
Number  Four  (Becket): 
Province  tax  in,  relative  to,  .... 

Number  Four  (Windsor): 
confirmation  of,  to  Noah  Nash  and  othera,         .  2 
more  time  allowed  Noah  Nash  and  others  for 

payment  of,  .  i 

proprietors  of,  impowered  to  sell  a  portion  of 

their  lands, 

Number  Five  (Cummington): 
confirmation  of,  to  John  Cummings,  .  .  ^ 


TOWNSHIPS  OR  PLANTATIONS  -  conhViued. 

Number  Sis: 
townahip  granted  to  proprietors  and  legal  rep- 
resentatives of,  as  an  equivalent,        .         .  ', 
Number  Seven  (Hawley): 
deficiency  of  land  purchased  by  certain  persons 

in,  relative  to,      .  .         .  .  I 

granted  to  Samuel  Hitchcock  and  others,  except 

a  number  of  acres,       .         .         .                  .  ' 
viewing  and  appraising,  allowance  to  divers  per- 
sons for, ■; 

Number  Seven  (Hillsborough,  New  Hampshire): 
equivalent  land  allowed  Samuel  Brown  for  land 

Pearsontown  (Pearson  and  Hobbatown): 
meetings  in,  votes  at,  confirmed,  .  [ 

plan  of,  and  certain  other  townships  with  bound- 
ary lines  of  certain  towns,  relative  to,    228, 1 
Rowley-Canada : 
township  granted  to  proprietors  of: 
as  an  equivalent,  relative  to,     .  47,  66,  239, ' 

Sylvester-Canada: 
township  granted  to  proprietors  of,  as  an  equiva- 
lent, relative  to,  ...       48,  129,  '< 
Upper  Housatonic  Township: 
committee  relative  to  the  Lvnds  at,  expenses  of, 

allowed,  .  .         .         .  ' 

meeting  of  the  proprietors  to  be  called,  .  ] 

Yokum  Town  and  Mount  Ephraim  (Richmont): 
purchasers  of,  further  time  allowed,  for  payment,  J 
TRADE. 

Indian  truck-trade: 
account  of  Commissary  General  on,    20,   146,  2 
3&4,  487,  634,  : 
with  the  Indians  at  Penobscot  Falls,  provisions, 
etc.,  to  be  supplied  for,  .         .         .  ', 

TRANSPORTATION. 
of  a  French  Neutral  family  to  Canada,  allowance 

for, : 

TREASURER,  COUNTY. 
Barnstable,  account  allowed,      9,  124,  231,  367,  378,  4 

553,  630,  710,  i 
Berkshire,  account  allowed,  .  122,  652,  ', 
Bristol,  account  allowed,  51,  305,  395,  478,  I 
County  of  Dukes  County,  account  allowed,     190,  4 

I 
Cumberland,  account  allowed,       168,  469,  553,  632,  ' 
Essex,  account  allowed,     10,  123,  337,  378,  471,  553,  6 
724,! 
Hampshire,  account  allowed,  .         .         .  1 

Lincoln,  account  allowed,  101,  367,  477,  607,  : 

Middlesex,  account  allowed,    37,  138,  250,  366,  393,  4 
561.  640,  ' 
Plymouth,  account  allowed,    9,  124,  227,  337,  377,  4 

554,  629,  714,  J 
Suffolk,  account  allowed,    37,  126,  251,  366,  394,  4 

561,  641,  : 

Worcester,  account  allowed,    8,  119,  227,  347,  393,  5 

566,  633. ' 

York: 

account  allowed,  ...       148,  475,  607,  710,  ! 

to  be  chosen, 

TREASURER,  PROVINCE. 
Harrison  Gray; 
accounts  of,  relative  to,    18,  134,  255,  359,  379,  4 
551,  652,  ' 
allowance  to,    87,  104,  181,  197,  284,  290,  388,  396,  4 
455,  497,  516,  578,  597.  670,  678,  782,  : 
allowance  to  Charles  Harrison  for  notes  pur- 
chased of, 


Index. 


897 


TBEASUBEB,  PROVINCE  —  continued. 
Harrison  Gray  —  continued. 

chosen.  .    92,  179,  295,  444,  492,  584,  674, : 

directions  to,  relative  to  proceeds  from  sale  of 
an  island  in  Connecticut  River,  .         .  l 

directions  to,  relative  to  prosecuting  certain 
bonds, 37,  40,  : 

directions  to,  relative  to  the  excise  bond  of  John 
Cotton, 219,  ^ 

discharged  of  amount  of  government  securities 
burned,         .         .  50,  151,  264.  459,  496,  : 

to  accept  the  securities  of  the  purchasers  of 
Township  Number  Three  for  the  propor- 
tion of  the  sum  due  on  Aaron  Willard's 
bond, 1 

to  apply  and  receive  the  Province  part  of  seiz- 
ures,      

to  call  in  money  due  from  collectors,  etc.,  .         .  t 

to  draw  a  bill  of  exchange  on  Jasper  Mauduit,     .  i 

to  have  notice  relative  to  interest  due  on  Prov- 
ince notes  published,  .  .         .         .  f 

to  issue  his  warrant  to  the  constable  in  Egre- 
mont  to  collect  taxes,      .  .      .  I 

to  notify  persons  indebted  to  the  Province  to 
settle, i 

to  notify  possessors  of  government  securities, 
relative  to  interest  due,  .     146,  364,  c 

to  pay  a  certain  amount  to  committee  for  re- 
building Harvard  College,  .  1 

to  pay  Benjamin  Hallowell,  jr.,  full  value  of 
note  stolen,  with  interest,  .  .  ] 

to  pay  sums  due  soldiers  and  others  on  muster- 
rolls,     S 

to  pay  to  John  Still  Winthrop  the  interest  due  on 
a  government  note,     ..... 

directed  to  prepare  a  list  of  debts  due  from  towns 
and  districts  during  term  of  Treasurer 
Foye,  ; 

to  remit  a  certain  gum  to  each  of  the  Province 
agents, 

to  stay  execution  against  collector  of  taxes  in 
Windham  for  1771, ] 

to  suspend  execution  against  Salah  Barnard,     .  ( 


loan  to  certain 


TREAStTREB,  PROVINCE  —  conitnuerf. 
Harrison  Gray  —  continued. 
to  suspend  putting  in  suit  the  bonds  of: 
Samuel  Brown,  jr.,  and  others, 
John  Cummings  and  others, 
Cornelius  Jones  and  John  Chadwi< 
Eliaha  Jones  and  others, 
Noah  Nash  and  others, 
Moses  Parsons,  . 
Oliver  Partridge  and  others, 
John  Walker  and  others,   . 
Aaron  Willard  and  others, 
to  take  security  for  extension  of  1 
persons, 

relative  to,    taking   oath  and  giving  bond,    91,  1' 
294,408,491,582,673,  - 
TREASURY  NOTES  (see  Province  Notes). 
TRESPASS. 

action  of, 122, 1 

TROVER. 

for  trees,    .........( 

TRUCK-MASTERS. 
at  Fort  Halifax: 
chosen,  ........ 

at  Fort  Pownall: 
chosen,  .         .    92,180,296,444,531,584,674,: 

to  give  bond  with  sureties  for  the  faithful  dis- 
charge of  his  duties,    .         -  .  I 
TRUSTEES. 
of  Hassanimisco  or  Grafton  Indians: 
account  of,  allowed,               .   9,  195,  2S0,  340,  378.  ( 
to  assist  in  sale  of  land,                                   .    241, '. 
of  Samuel  and  Zerviah  Ompany  (Indians),  to  pay 
a  certain  sum  to,                           .  .J 
TYRINGHAM,  Town  of. 

Province  Laws,  books  of,  allowed  to,      . 
ratable  polls  and  estates  in,  list  of,  to  be  returned 
to  House  of  Representatives,  .  1 
TYRINGHAM  EQUIVALENT. 
tract  of  land  adjoining  called  Furness'  Grant,  part 
of,  granted  to  Rev.  George  Throop,  rela- 
tive to, 587,  ( 


u. 


UPPER  HOUSATONIC  TOWNSHIP. 

committee  relative  to  the  lands  at,  expenses  of, 

allowed,        .......  766 

meeting  of  the  proprietors  to  be  called,  .         .  764 

UPTON,  Town  of. 

fine  remitted  to, 562,  814 

roads  in,  established,       ......    97 


UXBRIDGE,  Town  of. 

boundary  between  town  of  Sutton  and: 
allowance  to  committee  for  settUng, 
established,    ... 

certain  amount  allowed  to, 

constable  in,  allowance  to, 

fine  remitted  to,       . 

land  granted  to,  as  an  equivalent, 

ways  in,  confirmation  of, 


VESSELS. 

Prince  of  Orange,  the  brigantine: 
relative  to  an  action  against  Fortescue  Vernon 
upon  the  policy  of  insurance  upon,    .         .  '. 
Province  Sloop  (Snow)  Prince  of  Wales: 
Capt.  Nathaniel  Dowse,  commander: 
allowance    to    certain    sailors    taken    captive 
while  in  service  on, 


VESSELS  —  continued. 
Ranger,  the  sloop: 

impressed  into  the  service,  ..... 
sloop  Massachusetts: 

establishment  of,  to  be  discontinued, 
to  carry  dispatches  to  London,  allowance  for  hire 


of. 


VICE-ADMIRALTY  (see  Admiralty) 


898 


Ikbex. 


w. 


WACHUSETT  HILL  (in  District  of  Princeton), 
land    known    as,     granted     to     Rev.    Timothy 

Fuller, 276 

WALTHAM,  Town  of. 

boundary  between,  and  Weston,  established,  .  141 

relative  to  the  sale  of  a  certain  farm  in,  .         .   546,  603 

WARE,  District  of. 
Pro%dnce  Laws,  books  of,  to  be  furnished  to,  .         .  419 

WAREQAM,  Town  of. 

fine  remitted  to 808 

WARWICK,  Town  of. 
delinquent  proprietors  of,  to  be  assessed,       .         .  158 

WAYS. 
highways  in  Bolton,  confirmed,       ....  130 
in  District  of  Charlton,  relative  to,         .         .         .  281 
in  District  of  Palmer,  relative  to  laying  out  certain 

road 241 

in  Grafton,  established, 97 

in  Upton,  established, 97 

private  or  town,  in  Brookfield,  confirmed,  .         .  585 
road  laid  out  through  land  belonging  to  John 
Billing,    relative    to    damages    sustained 

by 651 

road  laid  out   through  land   belonging  to   Bela 

Lincoln,  jury  to  estimate  damages  by,       .  455 
through  Boxford,  relative  to,  .         .         .         .       39,  94 

WELLFLEET,   District  of. 

fine  remitted  to,  and  town  of  Eastham,  .  .  762 
Notary  Public  for,  chosen,  ....  675,  750 
Province  Laws,  books  of,  to  be  delivered  to,  .  349 

WELLS,  Town  of. 

Notary  Public  for,  chosen,    93,  180,  296,  445,  492,  585, 
675,  750 

WESTFIELD,  Town  of. 
bridge  in,  expense  of  viewing,  allowed,  .        .         .  209 

WESTFORD,  Town  of. 

fine  remitted  to, 544,  814 

WESTMINSTER,  District  of. 

taxes  in,  assessment  of, 309 

WESTON,  Town  of. 

boundary  between  Waltham  and,  established,     .  141 

WESTWARD  EXPEDITION. 
troops  in,  sum  advanced  for  necessaries  for,  al- 


lowed. 


661 


WILBRAHAM,  Town  of. 

Province  Laws,  books  of,  allowed  to,      .         .83, 
WILLIAM  HENRY,  Fort  at. 

soldier   taken   prisoner  at   surrender  of,  amount 
stopped  out  of  wages  for  gun,  allowed, 
WILLIAMSTOWN,  Town  of. 

Province  Laws,  books  of,  allowed  to, 
WINCHENDON,  Town  of. 

Province  tax  in,  relative  to,     . 

taxes  in,  confirmation  of  a  vote  relative  to  assess- 
ment of,       ....         . 
WINDHAM,  MAINE,    Town    of    (formeriy 
Marblehead). 

assessment  in,  confij-med, 

assessor  in,  half  of  a  fine  remitted  to,     . 


New 


WINDHAM,    MAINE,    Town   of    (formerly    New 
Marblehead)  —  continued. 
Province  Laws,  books  of,  allowed  to,      .         .         .83 

taxes  in,  assessment  of, 325 

WITNESSES. 
allowance  for  procuring,  etc.,  .         .         .         .22 

allowance  to  divers  persons  as,        ...         .  430 

in  a  theft  case,  allowance  to, 246 

WOOD. 

fire-wood  for  lighthouse: 
Beacon  Island,  allowance  for,    83,  178,  265,  385.  446, 
502,  588,  657,  746 
Plymouth  Harbor,  allowance  for,    458,  500,  587,  672, 

769 
WORCESTER  COUNTY. 
certain  towns  in: 
Province   tax  taken   from   Ashburnham   to   be 

added  to  Province  tax  in,  .  .         .  271 

Province   tax    taken    from    Winchendon   to   be 

added  to  Province  tax  in,   .         .  .  236 

clerk  of  inferior  court  in,  to  deliver  a  note  of  hand 

to  James  Lovet, 166 

collector  of  excise  for,  chosen,  .         .         .         .         .93 

court  of  general  sessions  in,  impowered  to  appoint 
a  jury  to  estimate  land  damages  in  favor 
of  Bela  Lincoln",  ......  455 

deputy-sheriff  of,  allowance  to,  for  securing  de- 
serters, .......  311 

inferior  court  and  court  of  general  sessions  in,  ad- 
journment of,      ....         .     53,  148 

judge  of  probate  for,  directed  relative  to  the  read- 
justment of  the  dower  of  Rachel  Thayer,    34 
judge  of  probate  for,  directed  to  allow  more  time 
to  creditors  for  entering  claims  against  an 
insolvent  estate,  ....    303,  467 

judge  of  probate  for,  impowered  relative  to  the 
widow's    part    of    the    estate    of    Daniel 


120 


judge  of  probate  for,  impowered  to  settle  the  real 
estate  of  Amos  Thomas  upon  the  eldest 


justices  of  inferior  court  in,  impowered  to  hear  and 

try  an  action, \ 

Register  of  Deeds  to  be  chosen  for, 

superior  court  of  judicature,  etc.,  in,  adjournment 


of, 


,  575 


title  to  lands  in,  committee  to  examine,  .         .  300 

treasurer  of,  account  allowed,    8,  119,  227,  347,  393,  554, 
566,  633,  722 
WORCESTER,  Town  of. 
certain  inhabitants  of,  and  of  Leicester,  Oxford 

and  Sutton  erected  into  a  precinct,    .         .  728 
certain  land  belonging  to  John  Tatman  annexed 


to. 


663 


WORTHINGTON,  Town  of. 

Pro\'ince  Laws,  book  of,  to  be  furnished  to,  .         .  468 
WRENTHAM,  Town  of. 

selectmen  of,  allowance  to,  for  support  of  certain 

poor  children,      ......  475 


Index. 


899 


Y. 


YOKUM    TOWN    AND    MOUNT    EPHEAIM 

(Richmont),  Township  of. 
purchasers  of,  further  time  allowed,  for  payment,  261 
YOBE  COUNTY. 
collector  of  excise  for,  chosen,  .  .93 

justices  of  court  of  general  sessions  in,  impowered 

to  grant  a  license, 471 

Justices  of  superior  court  of  judicature,  etc.,  in, 

impowered  to  hear  and  determine  cause,    89 


YORK  COXfNTY —  continued. 
superior  court  of  judicature,  etc.,  in,  adjournment 

of- 375 

towns  in,  impowered  to  choose  a  County  Treas- 
urer,      10 

treasurer  of,  account  allowed,    148,  475,  607,  710,  815 
YORK,  Town  of. 
Notary  PubUc  for,  chosen,    93,  180,  296,  445,  492,  585, 
675,  750