USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 17
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A Petition of Richard Car: Presented to the House and Read; Shewing, That he Preferr'd his Petition to this Court, for obtaining his Right in the Ferry between Newbury and Salisbury, which was Pass'd upon by the Honourable Coun- cil, That there was no Ground for his Petition; which the House of Representa- tives Non-Concurr'd, finding he had Reason to ground his Petition upon: Pray- ing that the Consideration of his Petition may be Reassum'd.
A Message sent up to the Board by Mr. Anthony Stoddard, and Col. Goffe, De- siring the said Petition may be sent down. And it was accordingly sent.
The following Vote brought down from the Hon. Board, viz. In Council, No- vember 27, 1716.
Ordered, That Nathanael Byfield, Benjamin Lynde, and Addington Davenport Esqrs, with such as the Honourable House of Representatives shall join, be a Committee to Confer upon the Subject Matter of the Petition of John How of Framingham, within the County of Middlesex. Sent down for Concurrence.
Read and Concurr'd. And,
Ordered, Elisha Cooke, Esq; Mr. Thomas Turner, Daniel Parker, and Samuel Thaxter, be a Committee for the said Affair.
A Bill Intituled, An Act in Addition to An Act, Intituled, An Act for the Punish- ing Criminal Offenders. Read a Second time.
A Bill Intituled, An Act for the Promoting and Encouraging of Children and Servants in the Principles of Christianity. Read a 3d time, and pass'd to be Engross'd. Sent up for Concurrence.
A Bill Intituled, An Act in Addition to An Act, Intituled, An Act providing in case of Sickness. Read a 3d time, And pass'd to be Engross'd.
Sent up for Concurrence.
A Petition of Col. Benjamin Church, Presented to the House and Read, Pray- ing that Arrears of Pay which he thinks due to him for his Service in the late Wars against the Indians, may be paid to him.
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And the Question being put, Whether the House is of Opinion, That there is any thing due to the Petitioner ?
It pass'd in the Negative, Nemine Contradicente.
A Petition of John Pierce and John Tidd in behalf of the Town of Woburn, Pre- sented to the House and Read, Praying they may be allowed to lay out Two Thousand Acres of Land in some place in the Province, not yet appropriated, which was Granted to the said Town in October 1664, but not yet taken up.
Ordered, That the Prayer of the Petition be Granted.
Sent up for Concurrence.
A Petition of Sarah How, and Six others, the Mother and Brethren of Elisha How of Sudbury, a Distracted Person, Praying that John How of Framingham, Brother of the said Distracted Person, may be Constituted the Guardian of his Person and Estate. Sent down from the Board, pass'd on there, viz. In Council, November 27. 1716. Read and Ordered, That the Prayer of the Petition be Granted, and that John How of Framingham, in the County of Middlesex, be and hereby is Constituted, and Appointed Guardian unto his Brother Elisha How, the Distracted Person within mentioned, the said John How giving Bond to the Judge of Probate of Wills, &c. within the County aforesaid, as the Law in such case provides. Sent down for Concurrence. Read and Concurr'd.
Whereas it is Enacted in the Act Intituled, An Act for Granting unto His Maj- esty several Rates and Duties of Impost and Tunnage of Shipping, viz.
'That if the Commissioner or Receiver shall suspect that any Merchant, Factor 'or other Person, to whom any Wines, Liquors, Goods or Merchandizes comes 'Consigned, does not in the Entry or Writing thereof to be given under his Hand, 'as aforesaid, make a full and perfect Entry of such Wines, Liquors, Goods and 'Merchandizes, or that the Invoices thereof produced and shewn by any Person 'or Persons, as by this Act is directed, are not really and bona fide, the Original 'Invoices of the Wines, Liquors, Goods and Merchandizes such Person or Persons 'should then Enter. In every such case, the Commissioner or Receiver is hereby 'Ordered and Directed not to admit such Person or Persons to any Entry of the 'said Wines, Liquors, Goods or Merchandizes, until he or they shall have made 'Oath to the Truth of said Writing or Invoice, by him or them presented, as afore- 'said. -
Whereby the Commissioner is laid under the Hardship of suspecting, and so offending all such Persons as he shall Administer an Oath to, as aforesaid,
Resolved, That the said Commissioner be and hereby is directed and impowered to Administer such Oath to every Person and Persons whatsoever, before he ad- mit him or them to any Entry. Any Law, Usage or Custom to the contrary not- withstanding. Sent up for Concurrence.
The Petition of Daniel Bartlet, Sent down from the Board, pass'd on there, viz. in Council, Novemb. 28th. Upon a Hearing on this Petition the 24th Currant.
Journal of the House of Representatives
Ordered, That the Petitioner Daniel Bartlet, be allowed a new Tryal at the Su- periour Court next to be holden at Bristol, for and within the County of Bristol, and that the Petitioners Council prepare a Bill accordingly.
Sent down for Concurrence. Read and Concurr'd.
A Bill Intituled, An Act for the Relief of Rebeckah Freeman Widow, Executrix to Thomas Freeman, &c. Read 3 times. And the Question being put,
Whether the Bill shall pass to be Engross'd ? It pass'd in the Negative.
3. Dost Meridiem.
A Bill Intituled, An Act for the more effectual preventing Default in the Appear- ance of Jurors. Sent down from the Board, Concurr'd with Amendments, whereof Part was agreed to by the House, and the Bill sent up again.
The Report of the Committee of both Houses upon that Paragraph of His Ex- cellency's Speech which relates to a Medium of Exchange in Trade, Read again, and accepted by the House with some Alterations.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
BOSTON: Printed & Sold by 23. Green. 1716. [ 51 ]
Province of the Massachusetts.Bap. VOTES of the House of Representatives.
Tobis 29, Die Robembris, 1716.
T He Petition of the Town of Hatfield, which was referr'd in December last to a Committee. Read.
Inasmuch as the Committee to whom this Petition was referr'd in December last have laps'd their time, and made no Report.
Ordered, That the Hon. John Pynchon, and John Ashley Esqrs, and Lieut. John Mirick, be a Committee to whom this Petition is referr'd, to Consider the Subject Matter and Allegations thereof, and make Report what they think proper to be done thereon, at the Sessions of this Court in May next.
Sent up for Concurrence.
An Engross'd Bill, Intituled, An Act for the more effectual preventing Default in the Appearance of Jurors. Read, and
Resolved, That the Bill do pass to be Enacted.
The Committee to whom the Lists of the Rateable Estates, return'd by the several Towns were Committed, Reported, That the said Lists are returned in very different Forms, so as not fully to answer the Design of the Law that re- quir'd them; and some Towns have return'd none, that they could not proceed as they were Ordered, to Proportion the several Towns to a Tax of a Thousand Pounds.
Ordered, That a proper Form of such Lists be Prepared, Printed; and Copies of them sent to each Town of the Province, that they may all make uniform Re- turns, pursuant to the Act made in the last May Sessions. That Mr. Payne, Col. Basset, and Mr. Little, be a Committee to prepare a Draught of such Form, and lay it before the House.
A Bill Intituled, An Act for the Making and Emitting the Sum of One Hundred Thousand Pounds in Bills of Credit on this Province, in such Manner as in the said Act is hereafter expressed. Read.
A Draught of a Commission and Instructions for Mr. Agent Dummer, prepar'd by a Committee of both Houses. Sent down from the Board, pass'd upon there, viz. In Council, November 29th, 1716. Read and Accepted.
Sent down for Concurrence.
Read and Concurr'd, with Amendments.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Deneris 30. Die Novembris, 1716.
A Bill Intituled, An Act for settling of Grants. Sent down from the Board, Concurr'd with some Amendments, which were Read and Agreed to, and the Bill sent up again.
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A Bill Intituled, An Act in Addition to an Act, Intituled, An Act for the Punish- ing Criminal Offenders. Read a 3d Time, and pass'd to be Engross'd.
Sent up for Concurrence.
Upon a Motion being made, and the Question being put, Whether the Vote for Abating that Clause in Mr. Agent Dummers Instructions, relating to the preventing a private Projection of a Medium of Trade, shall be Reconsidered ?
It pass'd in the Negative.
A Bill Intituled, An Act for the Making and Emitting the Sum of One Hundred Thousand Pounds in Bills of Credit on this Province in such manner as in the said Act is hereafter expressed. Read a 2d Time.
Mr. Monitor Chapin, and Reed being Absent.
Ordered, That Col. Basset, and Capt. White, be Monitors, to take Care that the Orders of the House be duely Observed.
Ordered, That the Reverend Mr. Cotton of Sandwich, be Desired to Preach be- fore his Excellency and this Court, in the Publick Assembly on the Anniversary Day of Election of Counsellors in May next.
A Petition of Richard Car; Praying as entred the 28th Currant. Further Con- sidered, and
Ordered, That a Hearing be Granted on the said Petition, on the first Fryday of the next Sessions of this Court, the Petitioner to serve the Adverse Party with a Copy of the Petition. Sent up for Concurrence.
A Petition of Samuel Moodey, Presented to the House & Read. Praying, That 10 or 12 Soldiers in the Publick Pay, may be Allowed to Cover a Settlement, which he and others are making at Falmouth, in Casco Bay.
And the Question being put, Whether the Prayer of the Petition be granted ? It pass'd in the Negative.
A Petition of Thomas Phillips of Boston, Blacksmith, who was wounded in both his Legs in the Service against the French at Port-Royall, Anno 1709. whereby he is Disabled from following his Trade, to support himself and Family. Praying an Annual Pension may be Setled upon him, during Life.
In answer to the said Petition.
Resolved, That a Pension, of Four Pounds be Allowed, and Annually Paid out of the Publick Treasury to Thomas Phillips the Petitioner during his natural Life.
Sent up for Concurrence.
A Message from the Honourable Board by the Honourable Samuel Sewall, Ad- dington Davenport, Thomas Hutchinson, Samuel Brown, and Thomas Fitch, Esqrs; moving the House to Concur an Article in the Instructions to Mr. Agent Dum- mer, reported by the Committee which they had not Consented to, for Reasons they gave, and withdrew. [ 52 ]
Voted, That the House do adhere to their former Vote, as to that Article.
A Bill Intituled, An Act for the Making and Emitting the Sum of One Hundred
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Thousand Pounds in Bills of Credit on this Province, in such manner, as in the said Act is hereafter Expressed. Read a 3d time. And
Pass'd to be Engross'd. Sent up for Concurrence.
The Report of the Committee appointed the 9th Currant, to Consider the Dif- ference between the Precincts of Chebacco, and the New Hamlet in Ipswich, &c. Sent down from the Board pass'd on there, viz. In Council, Nov. 29th. 1716.
In Answer to the Petitions of Chebacco, and the Hamlet Precincts of Ipswich.
Voted, That the Report of the Committee as to the Bounds of Chabacco, be ac- cepted, excepting Knights Farm, which is hereby Directed, and Ordered to lie to the Hamlet; and that the Meadows and other Lands, lying on each side said Line, shall do Duty to that Precinct wherein they lie.
Sent down for Concurrence. Read and Concurr'd.
A Bill Intituled, An Act in Addition to an Act, Intituled, An Act for the due As- size of Bread. Read a 3d time, and pass'd to be Engross'd.
Sent up for Concurrence.
The Petition of Joseph Buckminster, on which there was a Hearing before this House the 27th Currant. Read again. And the Memorial of Samuel Sewall, John Leverett, Thomas Fitch Esqrs; and Mr. Daniel Oliver, a Committee of the Trustees for the Legacy of Edward Hopkins Esq; Deceased, which was pass'd upon in this House, the 25th of June last, Read.
And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
Whereas the Trustees for the Legacy of Edward Hopkins Esq; Deceased, have de- sired to purchase the Lands belonging to the Province, lying in Hopkinston.
Ordered, That Col. Thaxter, Capt. Noyes, and Capt. Gardner be a Committee to Treat with them thereon, and make Report to this House as soon as may be.
A Bill Intituled, An Act for the further Continuing of an Act, Intituled, An Act concerning Bankrupts, and for the Relief of the Creditors against such Persons as shall become Bankrupts. Read a Ist Time.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Babbati 1. Die Decembris, 1716. ,
T He Committee appointed yesterday to Treat with the Trustees for the Legacy of Edward Hopkins Esq; Deceased, Reported to the House, that they had discoursed them on that Affair, who continue their Request that the said Lands may be Granted for the same Publick and Pious uses, that the said Legacy was Granted, but if they must purchase it they then submitted the Price to this Honourable Court.
Resolved, That all the Province Lands contained within the Bounds of the Town of Hopkinston, be freely given and Granted to the Trustees of the Legacy
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of Edward Hopkins Esq; Deceas'd, and their Successors in that Trust forever, for and to the same Good & Pious Uses, Ends and Purposes which that part of Hop- kinston called Maguncug was purchased, They giving reasonable Satisfaction to Mr. John Francis, for his Grant of One Hundred Acres of Land, which he has taken up in the said Township.
And paying the Town of Framingham their necessary Charge in taking a Plat of the said Lands, pursuant to a Vote of this Court.
Provided, That this Grant shall intrench upon no former Grant or Grants. Sent up for Concurrence.
A Bill Intituled, An Act for the further continuing of An Act, Intituled, An Act concerning Bankrupts, and for the relief of the Creditors, against such Persons as shall become Bankrupts. Read a 2d time.
An Engross'd Bill, Intituled, An Act in Addition to An Act, for the orderly con- summating of Marriages. Read, and,
Resolved, That the Bill do pass to be Enacted.
An Engross'd Bill, Intituled, An Act in Addition to An Act Intituled, An Act for the Punishing Criminal Offenders. Read, and,
Resolved, That the Bill do pass to be Enacted.
An Engross'd Bill Intituled, An Act for Setling of Grants.
Read, and
Resolved, That the Bill do pass to be Enacted.
A Petition of Mercy & Thomas Verien, praying as entred the 22d of June last. Read and Committed.
A Petition of Hannah Wright, Executrix to the last Will & Testament of her late Husband Thomas Platts late of Boston, Butcher, Deceas'd, Presented to the House, and Read, praying that a Slaughter House in the said Town, which was her said late Husbands, may be Sold to redeem a Pasture that he in his Life time had Mortgaged. And to pay some other Debts.
A Petition of Pain Mayhew, Town Clerk of the Town of Chilmark, by order of the said Town, praying That all the Lands upon Martha's Vineyard, lying to the Westward of the said Town, may be added, and annexed to it, together with an Island called, No Mans Land. Sent down from the Board, passed upon there, viz. In Council, Novemb. 30. Read and Resolved, That the Prayer of the Petition be Granted, alwayes provided, That it Extend not to, or take in any part of the Gay- Head Neck, upon the Island of Martha's Vineyard. Sent down for Concurrence.
Read and Concurr'd.
The Committee appointed to prepare a Form of a List to be sent to the several Towns wherein to Return an Account of their Polls, and Rateable Estates. Pre- sented the same to the House, which was not Accepted.
Ordered, That the further Consideration of the Lists of Polls and Estates, re- turn'd from the several Towns be referred to the next Session of this Court.
The Bill Intituled, An Act for the Making and Emitting the Sum of One Hundred
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Thousand Pounds, in Bills of Credit on this Province, in such manner, as in the said Act is hereafter expressed. Brought down from the Board by the Honourable Sam- uel Sewall, Edward Bromfield, John Cushing, Nathanael Pain, Benjamin Lynde, and Addington Davenport, Esqrs; with a Message that the Honourable Board had Concurr'd the said Bill, with an Amendment, the said Amendment Read and Agreed to by the House.
And then the House Adjourn'd till Monday next three a Clock in the Afternoon.
BOSTON : Printed & Sold by 13. Green. 1716. [ 53 ]
Province of the Massachusetts-Bap.
VOTES
of the House of Representatives.
Luna 3, Die Decembris, 1716.
A Vote of the Honourable Board, impowering the Committee of Worcester, to constitute some Person to Collect Taxes there, & to vest such Collectors with Power to do it. Sent down for Concurrence. Read and Concurr'd. The Petition of Mary and Thomas Verien, Committed the First Currant, fur- ther considered, and the Report of the Committee thereon, Read and accepted by the House, and accordingly,
Ordered, That the Prayer of the Petition be Granted, and the Petitioners Coun- cil prepare a Bill accordingly. Sent up for Concurrence.
A Petition of Thomas Tilestone, Oliver Wiswell, and Samuel Paul, in behalf of the Town of Dorchester, presented to the House and Read, praying that One Thousand Acres of Land, laid out between the Towns of Sutton and Hopkinston, for the use of the Free-School in Dorchester, may be confirmed to the said Town for the said use.
And the Question being put, Whether the Prayer of the Petition be Granted ? It pass'd in the Negative.
An Account of the Time and Expences of the Committee appointed to join with the Committee of Rhode-Island Government, to finish the Running of the Line between that and this Government, Dated May 16. 1716. and Sign'd Na- thanael Pain, amounting to the sum of l. 11 7. s. presented to the House for Al- lowance and Payment.
Resolved, That the Sum of Eleven Pounds & Seven Shillings, be allowed and paid out of the Publick Treasury to the Hon. Nathanael Pain, Esq; to discharge the said Accompt. Sent up for Concurrence.
A Petition of John Ruby, and 14 others, Prisoners in His Majesties Goal in Boston, presented to the House and Read, praying that some Provision may be made, That they may be supplied with Firing.
Resolved, That the Treasurer be and hereby is directed and impowered, to issue forth and Emit of the Bills of Publick Credit, received into the Treasury, the Sum of Six Thousand Pounds, for payment of the Publick Debts of the Province al- ready contracted, for the Defence and Support of the Government, and the neces- sary protection and preservation of the Inhabitants of this Province, and for the subsisting of Forts or Garrisons, and Wages arising for their Service, for pay- ments of Grants, Salaries and Allowances, made or to be made by this Court, ac- cording to such Draughts as from time to time, shall be made upon him by War-
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rant or Order of the Governour or Commander in Chief for the time being, and by and with the Advice and Consent of the Council. And the said Bills shall pass out of the Treasury, at 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 Six 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 and 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.
A Bill Intituled, An Act for the further continuing of, and in Addition to, An Act, Intituled, An Act concerning Bankrupts, and for the relief of Creditors against such Persons as shall become Bankrupt. Read a Third time, And pass'd to be Engross'd. Sent up for Concurrence.
A Draught of further Instructions to Mr. Agent Dummer. Sent down from the Honourable Board, pass'd upon there, viz. December 3. 1716. viz Read and Voted, That [ 54 ] the aforegoing be Additional Instructions to Mr. Agent Dummer. Sent down for Concurrence. Read and Concurr'd.
The House proceeded to Vote Commissioners for the several Counties to Let out l. 100000, of Bills of Publick Credit, pursuant to the Bill, passed this Session to be Engross'd. A List whereof was drawn, and Sent up for Concurrence.
Ordered, That the Sheriff of the County of Suffolk, be directed to take care from time to time, to Transmit the Acts made, and passed by this Court, to the several Towns of the said County, And to the Sheriffs of all the other Counties, in this Province. Who are also hereby directed to take care to Transmit them to the several Towns of their respective Counties. Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Martis 4. Die Decembris, 1716.
T He Committee appointed to consider of the Laws relating to Fees, &c. Brought in their Report, which was Read, viz Having considered the same, and more particularly the Act made at May Sessions, in the First Year of His Majesties Reign, 1715. being An Act in Addition to An Act for Regulating Fees, are of Opinion, that the said Act was not made to inlarge Officers Fees, or to state any new Fees, to either the Secretary or Clerks for any Service proper or usual for them to do, in their respective Offices, without pay. But that the intent of the said Act was to restrain them from taking excessive Fees, for any such things as should be by them entred, Registred and Copied, for particular Persons.
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And we are also of Opinion that the Fee stated in the Secretaries Fees, for every Petition to the Governour and Council, or General Assembly, according to the Import from Two & Six Pence, to Ten Shillings, must be meant and intented only such Petitions as are first given in to the Board or upper House, And that the Law be so explained accordingly.
An Accompt of Fees, charg'd to the Province by Mr. Deputy Secretary, amounting to the Sum of l. 15 5 s. 6 d. Sent down from the Honourable Board.
Read.
And a Report of a Committee of the Board upon the said Accompt, that was sent down therewith. Read.
Ordered, That the Committee that made the last Bills of Credit on this Prov- ince be directed to make One Hundred Thousand Pounds more of the said Bills, with as much Expedition as may be, and when and so often as they shall have perfected the Sum of Twenty Five Thousand Pounds of said Bills, they shall de- liver them to the Commissioners appointed in the several Counties to Let out the same in proportion as directed by An Act passed this Session, taking the Receipt of each one of the respective Commissioners for the same, the Committee to be paid for making the Bills, as for the last they made.
Sent up for Concurrence.
Resolved, That the Sum of Five Hundred Pounds be allowed and paid out of the Publick Treasury to His Excellency Samuel Shute, Esq; Captain, General and Governour in Chief of this His Majesty's Province, for his Support in managing the Affairs of the Government. Sent up for Concurrence.
Resolved, That the Treasurer be directed to purchase good Bills of Exchange for Three Hundred Pounds Sterling, to be paid to Mr. Jeremiah Dummer in Lon- don, Agent for this Province, further to Enable him, to Negotiate the Affairs thereof. Sent up for Concurrence.
Resolved, That the Treasurer be directed to purchase good Bills of Exchange for One Hundred Pounds Sterling, to be paid to Mr. Jeremiah Dummer in London, Agent for this Province, in Consideration of his past good Services.
Sent up for Concurrence.
But before the said Resolve was sent up,
A Motion was made, and the Question put, That it should be inserted therein, in full for his past Services? And it pass'd in the Negative.
Resolved, That the Sum of Thirty Pounds be further allowed and paid out of the Publick Treasury to Mr. John White, Clerk of this House for his Service in the Year Currant. Sent up for Concurrence.
Resolved, That the Sum of Twenty Pounds be allowed and paid out of the Pub- lick Treasury to Mr. John Flagg, Door-keeper to His Excellency the Governour, the Honourable Council, and this House, for his Service half a Year, ending the 26th Currant, and the further Sum of Fifty Three Shillings, for the Care & Charge upon the Clocks belonging to the Court. Sent up for Concurrence. [55 ]
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An Engross'd Bill, Intituled, An Act for the Making and Emitting the Sum of One Hundred Thousand Pounds, in Bills of Credit on this Province, in such Manner as in the said Act is hereafter expressed. Read and Pass'd to be Enacted.
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