USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 12
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Resolved, That the Sum of Three Pounds, Seventeen Shillings & Four Pence, be allowed and paid out of the Publick Treasury to Mr. John Partridge to Dis- charge the said Accompt. Sent up for Concurrence.
And then the House Adjourn'd till Monday next three a Clock Afternoon.
Lunee, 18. die Junii, 1716.
O Rdered, That Mr. Parker, Col. Basset, and Major Stoddard be a Committee to prepare a Bill further providing for the Regulation of Fees.
Ordered, That the Treasurer be Directed to purchase the Hangings of Two Rooms in the House that was bought for the use of this Province, of the Execu- tors of the last Will and Testament of Peter Sergeant Esq; at the best rate he can, not exceeding Twenty Pounds. Sent up for Concurrence.
Ordered, That the Representatives of the Town of Boston, and such others, as shall be present, wait on His Excellency Col. Samuel Shute Governour of this His Majesties Province, and Complement him, in the Name of this House upon his safe Arrival.
Whereas this House have credible Intelligence, That His Excellency Col. Samuel Shute is appointed by His Majesty Governour of this His Majesties Province, and may soon be expected to Arrive here.
Ordered, That Mr. Speaker, the Representatives of the Town of Boston, and Col. Samuel Thaxter, with such as the Honourable Board shall joyn, be a Commit- tee to provide a suitable place for His Excellency's present Reception and En- tertainment when he shall Arrive, and invite him thereto.
Sent up for Concurrence.
A Representation of Nathanael Byfield, & Nathanael Paine Esqrs; by order of the Justices of the General Sessions of the Peace in the County of Bristol, shewing, That all their Endeavours for the setling of a Minister in the Town of Tiverton, have been defeated by the obstinacy of the People, and moving this Court to take effectual care to send an Able, Orthodox Minister to the said Town. Sent down from the Board, pass'd upon there, viz. In Council, June 7. 1716.
Read and sent down earnestly recommended. Committed.
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A Memorial of the Committee for the Town of Northfield, and Proprietors of the said Place, Signed Samuel Partridge, Henry Dwight Committee, and Benjamin Wright, in behalf of the Inhabitants. Presented to the House and Read, Praying that a Garrison may be allowed to cover and encourage, the Settlement begun there.
Upon a Motion being made in behalf of John Green of Brookfield, formerly wounded in the Service against the Indian Enemy, & thereby much debilitated, in his Right Hand.
Resolved, That there be allowed and paid out of the Publick Treasury to the said John Green, Forty Shillings at present, & the Sum of Five Pounds per Annum from this time, during his natural life. Sent up for Concurrence.
An Account of Rowland Dyke, his Dining the House of Representatives on the last Day of Election of Councellors, amounting to the Sum of l. 14 3 s. Presented to the House for Payment. Read, and
Resolved, That the Sum of Fourteen Pounds, Three Shillings, be allowed and paid out of the Publick Treasury to Rowland Dyke, to Discharge the said Ac- compt. Sent up for Concurrence.
A Bill Intituled, An Act in further Addition to An Act, Intituled, An Act for making of Lands and Tenements liable to the payment of Debts. Read a Third time, and pass'd to be Engross'd. Sent up for Concurrence.
Mr. Parker presented to the House according to Order, A Bill intituled, An Act in Addition to the Act Intituled, An Act for the Regulating of Fees. Which was Read a First time.
Upon a Motion being made by Mr. Payne that a further Allowance be made out of the Treasury for the finishing the Light-House, at the Entrance of the Harbour of Boston.
Resolved, That the Sum of Five Hundred Pounds, be further allowed, and paid out of the Publick Treasury, to the Committee appointed to take care of the Building a Light-House for the finishing of that work.
Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 19 ]
Martis 19. die Funii, 1716.
T T He Petition of Edward Bishop &c. upon which a Hearing was had the 15th Currant. Sent down from the Board, pass'd on there, viz. In Council June 16. 1716. A Hearing having been had yesterday upon the within Petition.
Voted, That Chebacco, and the New Precinct do lay a Plan of both Precincts, the next Session, to be done by Capt. Gardner of Salem, who is a Skilful Artist, and the number of their Inhabitants, of each Precinct, and the Charge to be born as this Court shall see cause to order.
Read and Concurr'd.
Sent down for Concurrence.
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. A Petition of David Lovering Citizen and Draper of London, by John Marion his Attorney, Praying that he may be enabled, to have a new Tryal of a Case between him, and John Kembal, Son and sole Executor of John Kembal late of Watertown Deceased, before the Superiour Court of Judicature, in the County of Middlesex, wherein he is now concluded and shut up in the Law for Reasons therein expressed. Sent down from the Board, pass'd on there June 16. 1716. Read and Ordered, That the Petitioner serve the adverse Party with a Copy of this Petition, that they may be heard before this Court on Thursday next, to show reason (if any they have) why the Prayer thereof should not be Granted.
Sent down for Concurrence. Read and Concurr'd.
A Bill Intituled, An Act in further addition to an Act Intituled, An Act Relating to Sureties upon mean Process in Civil Actions. Read a Third time, and pass'd to be Engross'd. Sent up for Concurrence.
A Bill Intituled. An Act in addition to the Act Intituled, An Act for the Regulating of Fees. Read a Second time.
A Petition of Samuel Peck in behalf of the Congregation at Palmers-Rivers, in Rehoboth. Praying that more effectual Provision may be made for the Main- tenance of the Minister there. Sent down from the Board, having been Read there.
Read and Committed. .
A Bill Intituled, An Act for setling Grants. Read a Second time.
An Accompt of Nathanael Paine, Esq; Treasurer of the County of Bristol, from April 15. 1715. to April 14. 1716. having been allowed in the General Ses- sions of the Peace, in the said County presented to the House for Allowance.
Read and allowed. Sent up for Concurrence.
A Petition of John Smallpiece of Boston, who was made a Creeple, by being blown up with Gun power, as he was attempting to save the Books of Accompts belonging to the Impost Office, when the said Office was Burnt. Praying Allow- ance towards the Maintaining of himself and Family. Read.
A Report of Nathanael Paine, Moses Reed, and John Rogers, the Committee appointed to compute the Charge of a High-way to Pentucket-Bridge, so far as is needful to purchase it, and lay the same before this Court. Presented to the House and Read, and
Resolved, That the Committee's Report be so far accepted, that the High-way be laid out and setled according thereto, And the Sum of Ten Pounds be allowed and paid out of the Publick Treasury to purchase the Land thereof, according to the said Report.
And that Twenty-Four Shillings be paid out of the Treasury, to the said Com- mittee for their Service and Expences. Sent up for Concurrence.
The Bill Intituled, An Act stating the Fees of the Custom-House Officers within this Province. Brought down from the Board, Concurr'd with some Amendments, which were Read and agreed to by the House. And sent up.
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3 Post Meridiem.
A Petition of Spencer Phips, alias Bennet Esq; Praying this Court to Declare and Confirm his Sir-Name to be Phips, having been Adopted by Sir William Phips Knt. Deceased, who desired that he might bear his Name. Sent down from the Board, pass'd on there, viz. In Council, June 18. 1716. Read and Ordered, That the Prayer of this Petition be Granted, and that a Bill be prepared accord- ingly. Sent down for Concurrence. Read.
A Petition of Mary Plaisted Widow, formerly Wife of John Sayword of York, who Dyed Intestate, and Administratrix to his Estate, praying that she may be enabled to make Sale of so much of the Land which the said Sayword Dyed seized of, as will Amount to the Sum of l. 72 13 s. 6 d. for Reasons therein alledged. Sent down from the Board, pass'd on there, viz. In Council June 18. 1716. Read and Ordered, That the Petitioner serve the adverse Party, with a Copy of this Petition, and that they be heard on the Second Wednesday of the Fall Session of this Court, if any thing they have to say, why the Prayer thereof should not be Granted. Sent down for Concurrence.
Read and Concurr'd. [ 20 ]
A Petition of Daniel Bartlet of Mendon, praying that he may be Enabled to have a new Tryal of a Case between him, and Nathanael and Timothy Halloway, wherein he is at present precluded, and shut up in the Law to his great Damage, for reasons therein set forth. Sent down from the Board, pass'd on there, viz. In Council, June 19. 1716. Read and Ordered, That the Petitioner serve the ad- verse Party with a Copy of this Petition. That they may be heard before this Court on the Second Wednesday of the Fall Session, if they have any thing to object why the Prayer thereof should not be Granted.
Sent down for Concurrence. Read and Concurr'd.
Resolved, That the Sum of Five Thousand Pounds of Bills of Publick Credit on this Province, be further and forthwith made by the Committee last appointed by this Court to make such Bills, who shall be paid for their making them, in the same proportion as they were for the last they made.
That the said Committee deliver the said Bills to the Treasurer, taking his Receipt for the same.
And the said Treasurer is hereby Directed and Impowered to Issue forth and Emit, the said Sum of Five Thousand Pounds for Payment of the Publick Debts of the Province, already contracted, for the Defence and Support of the Govern- ment, and the necessary protection and preservation of the Inhabitants of this Province, and for the Subsisting of Forts, or Garrisons, and Wages arising for their Service, for payments of Grants, Salaries, and Allowances, made or be made by this Court according to such Draughts as from time to time shall be made upon him by Warrant, or Order of the Governour or Commander in Chief for the time
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being, and by and with the advice and consent of the Council, And the said Bills shall pass out of the Treasury, as the value therein expressed, equivalent to Money, and shall be taken and accepted in all publick Payments, at the advance, and after the rate of Five Pounds per Cent. more.
And as a Fund and Security for the same, There be and hereby is Granted to His most Excellent Majesty to the Ends and Uses as aforesaid, a Tax of Five Thousand Pounds, to be Levied on Polls and Estates both real and personal within this Province, according to such Rules, and in such Proportion upon the several Towns and Districts within the same, as shall be agreed on, and Ordered by the Great & General Court or Assembly of this Province at their Session in May, Anno 1719. and paid into the Treasury, on or before the last Day of December next after. Sent up for Concurrence.
Whereas this Court have Ordered the Calling in and Exchanging of several of the Denominations of the Bills of Publick Credit on this Province, and many of the Bills that are paid into the Treasury are Torn, and Defaced, which can be of no use, but some Hazard to lodge long in the Treasury.
Ordered, That Charles Chambers Esq; the Representatives of Boston, Jonathan Dowse, and William Denison Esqrs; with such as the Honourable Board shall nominate, be a Committee, at any time (between this Session, and the Session of this Court in May next) when the Treasurer shall have Two Thousand Pounds, or more, of Bills in the Treasury that are received in Exchange as aforesaid, or otherwise Defaced, and unfit for Use, at his application to them, to take an Ac- compt of the number, of each of the sorts of the said Bills, and the Sum the whole Amounts to, and give the Treasurer Receipt for them, and Burn the said Bills to Ashes, and make Report of their doings to this Court as often as there shall be opportunity, whose Receipt shall be a Discharge to the Treasurer, equal to what the said Bills would have been if they had continued in his Hands.
Sent up for Concurrence.
An Engross'd Bill Intituled, An Act in further Addition to An Act, Intituled, An Act for making Lands, and Tenements liable to the payment of Debts. Read, and
Resolved, That the Bill do pass to be Enacted.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurii, 20. die Junit. 1716.
A Bill Intituled, An Act in Addition to An Act Intituled, An Act for the Regu- lating of Fees. Read a Third time.
And the Question being put, Whether the Bill do pass to be Engross'd ? It pass'd in the Negative.
Capt. John Gardner presented to the House a Plat of the Lands, lying between
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the Townships of Haverhill and Dracut, Delineating all the Grants of Land that have been made to particular Persons, and taken up within that space, for the Use and Direction of the House in making Grants there for the future. [ 21 ]
Ordered, That the Thanks of the House be given to Capt. Gardner for his said Plat.
Ordered, That the Thanks of the House be given to the Honourable Col. Benjamin Church, for the Books he presented to the House this Session.
Ordered, That Mr. Payne and Major Stoddard be desired to prepare and bring in a Bill for Granting to His Majesty, several Rates and Duties of Impost & Tunnage of Shipping.
A Report of John Cushing Esq; in behalf of the Committee appointed the 26th Day of October 1714. upon the Petition of the Town of Bridgewater, to run the Line between the Counties of Plymouth and Bristol. Sent down from the Board, pass'd on there, viz. In Council June 16. 1716. Read and Accepted.
Sent down for Concurrence. Read and Concurr'd.
Whereas there is a different Understanding of the sense of the Law, respecting the Choice of the Register of Deeds in the several Counties, some apprehending that such Election is not duly performed, unless some one Person, have the major part of the Voters, in which sense the performing of such Election may be very difficult, and require the Assembling of the Inhabitants of the several Towns of the County divers times before an Election is made.
Resolved, That the Person who has the greatest Number of Votes, for Register as aforesaid is duly chosen into that Office. Sent up for Concurrence.
The Petition of Samuel Partridge Esq; &c. Committee for the Town of North- field, praying as entred the 18th Currant. Read, and in answer to the Peti- tion.
Ordered, That Ten Men in the Publick pay be allowed for the covering and encouragement of the said New Plantation, until the Session of this Court the next Fall, who are not to be of the Inhabitants there.
Sent up for Concurrence.
The Report of the Committee of both Houses, appointed to consider the Para- graph of the Lieut. Governours Speech, for promoting the produce and Trade of this Country. Sent down from the Board, having been Read there, June 20. 1716.
Read, and is as follows, viz. The said Committee humbly offer.
That a Premium of Forty Shillings per Head be allowed and paid to the Importer for Seven Years next coming, of Male Servants, of the Age of Eight Years to Six- teen Years, as shall be Imported from Great-Britain, the Islands of Guernsey and Jersey, and that an Act be drawn accordingly.
That there be One Hundred Thousand Pounds in Bills, Imprinted by Order of the Government on a new Plate, different from what hath been already done to
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be Let out to such of the Inhabitants of this Province as shall see cause to take, out the same, on good, real Security, allowing Five per Cent. per Annum, Interest, on the Sum taken out, for the space of Ten Years, any person to have Liberty to pay in his Money at the end of One Year, and Yearly if he see cause, and in such case the said Sum to be Let out to any other Person, the neat Profits of what shall be gained, by the Interest of the said Bills to go to the Support of the Govern- ment of this Province. And that said Bills pass in all Payments both publick and private, as the Publick Bills on this Province do.
That such as take out said Bills their Mortgaged Estates, to be the principal Fund for the same, and that the Common and Undivided Lands within this Province, be an Addition or Colloterall Security. No man to take out upon his Lands more than one half the value. None to take out less than l. 25, or more than 1. 1000.
That it would be of great Service to the better Regulating Trade, Restricting the extravagant Credit given, preventing the Importation of unnecessary Goods, and thereby tend very much to abate the want to Money, if it were Enacted, That all Book Debts, contracted after the Publication of this Act, shall carry Interest after One Year, from the time they are contracted, that therefore an Act be drawn accordingly.
By Order of the Committee. Andrew Belcher.
Post Meridiem.
An Engross'd Bill, Intituled, An Act in further Addition to An Act, Intituled An Act relating to Sureties upon mean Process in Civil Actions. Read, and Resolved, That the Bill do pass to be Enacted.
The Vote of the Board entred yesterday on the Petition of Spencer Phips Esq; Read again and Concurr'd.
The Report of the Committee of both Houses mentioned in the Forenoon. Read again.
The First Paragraph thereof Read and Debated.
And the Question being put, Whether the House accept the same ? It pass'd in the Negative.
The Second Paragraph for the Making and Lending of 1. 100000, in Bills. Read and accepted.
The Third Paragraph thereof Read and Accepted.
And the following Vote was entred upon the said Report, viz. Read and Ac- cepted [ 22 ] (Saving the First Paragraph.) And that Elisha Cooke, Samuel Thax- ter, & Oliver Noyes, Esqrs; with such as the Honourable Board shall appoint be a Committee to prepare the Draught of a Bill or Bills accordingly.
Sent up for Concurrence.
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Ordered, That it be a Rule of the House, That when it shall so happen, that any Person desires an Act of this Court for the change of their Name, Five Pounds shall be paid to the Speaker of this House, for the time being, before he Sign's such Act.
An Engross'd Bill, Intituled, An Act stating the Fees of the Custom-House Offi- cers within this Province. Read, and
Resolved, That the Bill do pass to be Enacted.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Tobis, 21. die unii, 1716.
A Message from the Board that they had Concurr'd the Vote of this House, pass'd the 12th Currant, for the raising of /. 11000 Tax with some Amend- ments, which were Read and Agreed to by the House. And the Vote as it stands amended is as follows, viz.
Voted, That Eleven Thousand Pounds of the l. 22000, Granted in the Year, 1711. be Levied and Collected by a Tax on Polls and Estates.
And that the Duties of Impost and Tunnage of Shipping, and Excise, be a Fund and Security for the drawing in the remaining Eleven Thousand Pounds.
Ordered, That Capt. Chambers, and Mr. Stephen Pierce prepare & bring in a Bill relating to Billerica-Bridge, agreable to the Vote of this House thereupon.
A Petition of Hezekiah Bosworth of Plymouth, presented to the House and Read, praying consideration for the loss of one of his Eyes, occasioned by ill- ness, contracted in the Service, in the last Expedition to Port-Royal.
And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
A Petition of John Ballentine Jun. in behalf of the Town of Worcester, presented to the House & Read, praying that the Lands of the Non-Resident Proprietors of the said Town may be made subject and liable to Taxes for Three Years next coming, as the Lands of the Resident Proprietors are.
Ordered, That the Prayer of the Petition be so far Granted, That the Home- lotts of the Non-Resident Proprietors, shall be liable and subject to Taxes for Three Years next coming, equally with the Home-lotts of the Resident Proprie- tors, the Poll Tax of the Residents, not to be less than Five Shillings, the said Taxes to be Apportioned and raised by the Committee, if the Inhabitants shall not be able to act as a Town. Sent up for Concurrence.
Post Meridiem.
The Bill Intituled, An Act for the more effectual discovering of the Rateable Es- tates within this Province for a just and true Valuation thereof. Sent down
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from the Board, Concurr'd with some Amendments, which were Read and Agreed to by the House, and sent up.
The Petition of Samuel Peck, praying as entred the 19th Currant, further considered, and the Report of the Committee thereon, Read & Accepted by the House, & accordingly,
Ordered, That the Petition be Dismist in that the Court in their former Order of Fifty Pounds have made suitable Provision for the Congregation at Palmers- River for the present.
A Memomial of the Ministers of this Province Agreed upon in their Conven- tion at Boston, the Day after the last Election of Councellors, Signed Cotton Mather, Moderator. Proposing, That the Minister or Ministers, with the Select- men for the time being, should Visit and Inspect the several Families in their re- spective Towns, and where they find Bibles or Catechisms wanting, and the People unable through Poverty to furnish themselves, That they shall be sup- plied with them, and the charge paid out of the Town Treasury. And that an Act be pass'd for that end. Sent down from the Board, pass'd on there, viz. June 21. 1716. Read and Recommended.
Read, and Ordered, That it be Referred to further Consideration at the next Sessions.
Capt. Chambers according to Order presented to the House a Bill, Intituled, An Act relating to the Great Bridge in Billerica. Which was Read a First time.
The Representation of Nathanael Byfield and Nathanael Paine Esqrs; moving as entred the 18th Currant, further considered, and the report of the Committee thereon, Read and Accepted by the House and accordingly,
Voted, That it be Recommended to the Justices of the General Sessions of the Peace, [ 23 ] vigorously to put in Execution, the Wholesome Laws made, not only in procuring a Minister, but in Ordering the Town to be Assessed for their necessary Support. Sent up for Concurrence.
Mr. Payne according to Order, presented to the House a Bill Intituled, An Act for Granting to His Majesty several Rates, and Duties of Impost and Tunnage of Shipping. Which was Read a First time.
A Message from the Board, That the House now come up to attend the Hearing appointed to be this Day upon the Petition of David Lovering, per John Marion his Attorney.
Mr. Speaker and the House went up accordingly, and the Hearing of both Parties being ended, they return'd to their own Chamber.
A Bill Intituled, An Act for the change or alteration of the Sir-Name of Spencer Bennet, alias Phips of Cambridge Esq; Read a First time.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
:
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Deneris, 22. die Junii, 1716.
A Bill Intituled, An Act for Apportioning and Assessing a Tax of l. 11151 13 S. Io d. upon Polls and Estates. Read a First, and Second time, and pass'd to be Engross'd. Sent up for Concurrence.
A Bill Intituled, An Act relating to the Great Bridge in Billerica. Read a Second and Third time, and pass'd to be Engross'd.
Sent up for Concurrence.
The Petition of David Lovering, on which there was a Hearing yesterday. Sent down from the Board, pass'd on there, viz. June 21. 1716.
A Hearing being had this Day according to appointment, on the within Petition.
Ordered, That it be Dismist. Sent down for Concurrence.
Read and Concurr'd.
A Petition of Mercy Vering Widow, Relect of John Vering late of Boston, De- ceased Sailmaker, and Thomas Vering Marriner, and Administrator of the Estate of his late Father the said John Vering, presented to the House and Read, praying that they may be enabled to make Sale of a House and Land which the said John Vering Dyed seized of, and left under an Entail, for the relief and support of the said Widow.
A Petition of Moses Printer, Indian, and Joshua Underwood, presented to the House and Read, praying that the said Printer may have Licence to Sell to the said Underwood, Two Hundred Acres of his Land lying at Assanamisco.
And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
A Bill Intituled, An Act for the change or alteration of the Sir-Name of Spencer Bennet, alias Phips of Cambridge Esq; Read a Second and Third time, and pass'd to be Engross'd. Sent up for Concurrence.
A Bill Intituled, An Act for Granting unto His Majesty, several Rates and Duties of Impost, and Tunnage of Shipping. Read a Second time, and pass'd to be Engross'd. Sent up for Concurrence.
Samuel Sewall, Penn Townsend, Edward Bromfield, and Addington Davenport Esqrs; brought down the Report of the Committee of both Houses, relating to the Advance of Trade, &c. Concurr'd by the Board with the following Amend- ments, viz. In Council, June 22. 1716.
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