USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 21
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Ordered, That a Message be sent up to the Board by Mr. Edward Hutchinson, Mr. Porter, Mr. Toy, Capt. Chambers, Col. Somersby, and Capt. Osgood, That this House in the beginning of the Session appointed a large Committee of Members of each County to Inspect the Lists of Rates return'd into the House the last Year, and again what other Information they could, in order to proportion the Towns to the Tax, to be rais'd this Session, which Committee had been attending that difficult Service ever since, while the House have been considering the Peti- tions of private Persons.
half an hour past 3 Post Meridiem.
A Plat of 200 Acres of Land laid out by Thomas White Surveyor, and Chain- men under Oath, pursuant to a Vote of this Court the 2d of June 1716. in answer to the Petition of Josiah Chapin Esq; offered to the House for Confirmation.
Ordered, That the Land Protracted in the said Plat be Allowed & Confirmed as the 200 Acres of Land Granted to Samuel Chapin, Anno 1664. Provided it In- trench upon no former Grant.
Sent up for Concurrence.
A Petition of John Wheelwright of Wells Esq; Praying, That 200 Acres of Land up Mousom River, or the Privilege of cutting Timber up the said River so long as he or his Successors, shall have a Saw-mill there, may be Granted to him in Con- sideration of the Services & Losses in the late War. Sent down from the Board, Read there June 5th 1717 and Recommended.
And the Question being put, Whether the prayer of the Petition be Granted ? It pass'd in the Negative.
A Petition of John Wright, and 4 others whose Predecessors Purchased of the Indian Proprietors before there was a Law to forbid it, a Tract of Land contain- ing 3000 Acres, lying betwixt the Towns of Woburn, Andover, Billerica, and Read- ing, called the Land of Nod, Presented to the House and Read Praying this Court to Allow and Confirm the said Purchase.
And the Question being put whether the Prayer of the said Petition be Granted? It passed in the Negative.
A Petition of Ebenezer Coffin of Nantucket, Presented to the House and Read, Praying that the Sum of l. 50. which he was fined by the General Court, for Trad- ing with the French Anno, 1709. And 1. 6. which he paid Costs, may be Repaid him for reasons he mentions. Committed.
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A Petition of George Worthilake, Husbandman, and Master of the Lighthouse, Presented to the House and Read, praying that the use and Improvement of the great Brewster Island, may be procured and allowed to him, in addition to his Salary for looking after the Lighthouse, or that his Salary may be Increased, and that he may have some Consideration for 59 Sheep, which he lost this Winter, be- ing driven into the Sea by a Storm through want of his care of them, when obliged to attend the Lighthouse.
In answer to the said Petition, Resolved that the Sum of Seventy Pounds be al- lowed to the Petitioner, for his Service in taking care of the Lighthouse the year ensuing. Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurii 12. Die Junii 1717. 8. 09.
A Petition of William Denison of Roxbury Presented to the House and Read, Shewing that he with the rest of the Heirs of his late Father Edward Denison of Roxbury aforesaid Deceased, have agreed to a Division of the Estate he left them and Executed Articles for that end, excepting two Grandchildren, one whereof is a Minor, and the other a Person that is Untreatable, Praying that this. Court will give order to the Judge of Probates of Wills to accept and Ratify the said Division and appoint a Guardian for the Minor.
Ordered, That Col. Thaxter, Mr. Turner, and Mr. Lindal, be a Committee to Prepare and Lay before the House a Bill for the more convenient Partition of Lands.
Capt. Savage from the Committee appointed to Proportion the several Towns, to a Tax of 1000 l. Reported that they had met several Times, and had made con- siderable Progress, and wanted further Instruction from the House, which was given them and they were Directed to Proceed and finish that affair.
A Report of the Committee appointed in November last to go to that part of Hingham called Cohasset, which Petitioned to be made a distinct Precinct, and Consider of the reasonableness of their Prayer, Signed Penn Townsend in the name of the Committee, Sent down from the Board, Pass'd upon there viz. In Council June 5th 1717. Read and accepted. Sent down for Concurrence.
A Petition of John Bed, Lazarus Bed, and Stephen Lassels, in behalf of them- selves & Purdy Macvarlo, who by the Report of the said Committee are laid into the said Precinct of Cohasset : Presented to the House and Read, praying, That they may not be Included in the said Precinct for reasons they render.
The said Report Read again, and Non-Concurr'd. Sent up.
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3 Post Meridiem.
A Petition of Thomas Ayers, Joseph Ayers, Edward Ayers, Mark Ayers, and Nathanael Ayers, Sons of John Ayres, late of Brookfield alias Quahaog, deceased, Praying, That they may be enabled by an Order of this Court to Inherit the sev- eral Lots & Rights of Land, that did belong to their said Father in the said Plan- tation. Sent down from the Board, Read there June 11th. 1717. and Recom- mended.
Ordered, That the said Petition be Committed, and Mr. Porter be added to the Committee for Petitions, on the Consideration thereof.
An Accompt of Henry Bridgham amounting to the Sum of l. 12 18 s. the Charge of Dining the House of Representatives on the 29th Day of May last, being the Anniversary Day of Election of Councellors, laid before the House for Allowance.
Resolved, That the Sum of Twelve Pounds Eighteen Shillings, be Allowed & Paid out of the Publick Treasury to Henry Bridgham, the Accomptant, to Dis- charge the said Accompt.
Sent up for Concurrence.
An Account of Daniel Russel Treasurer of the County of Middlesex, from May 17II. to May 1714. Presented to the House and Read.
Ordered, That the said Accompt be Allowed. Sent up for Concurrence.
A Message from the Board by Thomas Hutchinson, and Elisha Cooke Esqrs; That the House now come up to Attend the Hearing upon the Petition of Jona- than Remington Esq; appointed the 5th Currant.
Mr. Speaker and the House went up accordingly: And a full Hearing being given to both Parties; They return'd again to their own Chamber.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
BOSTON: Printed and Sold by 15. Green. 1717. [ 13 ]
Province of the Massachusetts ap. VOTES
of the House of Representatives.
Tobis 13. Die Junii, 1717. A. S.
A Petition of John Higginson, and Thirty-four others, Proprietors of the Town-ship of Falmouth in Casco-Bay, Presented to the House & Read, praying leave to go & Settle a Town there, in as Regular & Defensible a manner as may be. Thirty Families, being now ready to go thither.
Ordered, That the prayer of the Petition be Granted. And that the Petitioners apply themselves to the Committee appointed by this Court in June 1715. to Prosecute the Regular Settlement of the Eastern Frontiers for advice in the man- ner of their Settlement.
Sent up for Concurrence.
A Petition of the Select-men of the Town of Brooklyn, presented to the House & Read, Shewing that the said Town have been at great charge in Building of a Meeting-house, and Settling of a Minister, whereby they are much Exhausted, praying Assistance for this Year in Maintaining their Minister; and that Abate- ment may be made in their Province Tax, wherein they apprehend they have several Years born more than their Proportion.
A Petition of John Porter of Wenham, presented to the House & Read, Shew- ing, That the Court of General Sessions of the Peace in Essex appointed a Com- mittee to lay out a Highway thro' his Land, to the Land of Freeborn Balch, which was done through his Meadow, Corn-field & Orchard to his insufferable Dam- age, and the said Court confirmed the Act of the said Committee, praying this Court to send a Committee to lay out a High-way for the said Balch so as may conveniently Serve him, and be as little injurious to the Petitioner as may be.
Committed.
A Message sent up to the Board by Capt. Fullam, & Mr. Turner, Desiring that the Committee of both Houses appointed at the last Sessions of this Court to Consider of Expedients to preserve the value of the Publick Bills of Credit, in the Recess of this Court, and to make report at this Session, be Desired to bring in their Report as soon as may be.
3 Post Meridiem.
A Petition of John Campbell Post-master of New-England, praying Assistance towards the charge of Carrying on his Weekly News-Letter: And the payment of his Accompt Postage for the Publick, since the 2d of June last: Amounting to the Sum of l. 57 3 s. 8d. Sent down from the Board. Read.
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Ordered, That Mr. Hutchinson, Mr. Wadsworth, and Mr. Lindal, be a Commit- tee to whom the said Petition & Accompt is referred. That they Consider the Sub- ject matter & Allegations thereof, and Report what they think is proper for this Court to do thereon. Upon a Motion being made:
Ordered, That Capt. Chambers, Mr. Hutchinson, and Mr. Porter be a Commit- tee to Consider the Laws relating to the Stating of Fees, and Report what they think proper to be further Enacted in Explanation, or Alteration thereof.
A Message from the Board by Andrew Belcher, Thomas Hutchinson, Thomas Fitch, Edmund Quincey, and Elisha Cooke, Esqrs; That the Committee appointed at the last Sessions, to Consider of Expedients to Preserve the Credit of the Pub- lick Bills had done nothing in that Affair before the Meeting of this Court, and Apprehend it not proper for them now to do it, unless they are reviv'd.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Deneris 14. Die Junii. 1717. A. M.
T He Petition of Jonathan Remington, Representative of the Town of Cam- bridge, upon which a Hearing was had before this Court the 12th Currant. Sent down from the Board, pass'd upon there, viz. in Council, June 13. 1717. Upon a Hearing Yesterday of the Towns of Cambridge and Charlstown, as to their respective Claims of being the Shire Town of the County of Middlesex.
Resolved, That Cambridge is the Shire Town of the said County.
Sent down for Concurrence. Read and Concurr'd. [ 14 ]
An Accompt of Joseph Hammond, Treasurer of the County of York, beginning, Anno 1716. and ending the Third Day of April, 1717.
Presented to the House and Read.
Ordered, That the said Accompt be Allowed. Sent up for Concurrence.
Capt. Savage from the Committee appointed to proportion the several Towns to a Tax of l. 1000, Reported, That they had finish'd that Affair; and presented a List thereof, which was Read.
Ordered, That the House now proceed to consider the said Report, and to Vote what shall be each Towns Proportion to a l. 1000, in the Tax that shall be Levyed this Session.
And that what is now done, shall not be deemed to be a Rule for the future; but that the House will endeavour, that a new Valuation of the several Towns, shall be obtained against the next May Sessions.
3 Post Meridiem.
The House proceeded to a distinct and separate Consideration of the Propor- tion of each Town, reported by the Committee. And Voted severally, the Sum
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that each Town shall pay to a Thousand Pounds, in the Tax to be Levied this Ses- sion; the respective Representatives having first had Opportunity to set forth to the House the States and Circumstances of their Towns.
A Message from the Board by Andrew Belcher Esq; Proposing, That the Sloop taken into the Service for the Defence of the Coast, may have Thirty Five Pounds per Month, it being a Mistake that Thirty Pounds only was proposed afore; and left a Petition of John Ruggles, Owner and Master of the said Sloop, Praying, That the said Vessel's Hire may be inlarged.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Sabbati 15. Die Junii 1717. A. O.
T He following Vote sent down from the Board, viz. In Council, June 13th. 1717.
Upon a Hearing had the 8th of June Currant, on the within Petition (of the Indian Inhabitants of the Island of Nantucket) before the whole Court.
Resolved, That the Island of Nantucket be annexed to the County of Suffolk. Sent down for Concurrence. Read and Non-Concurr'd.
Inasmuch as this House apprehend, the Indians will not be benefitted thereby, but will comply with those that Sue them to great Loss, rather than be at the heavy Charge of Transporting themselves to Boston, and Answering there. And,
Voted, That His Excellency and Council be desired to Constitute and Appoint, one or two proper Persons from the Main, to be of the Judges of the Inferiour Court of Common Pleas, and General Sessions of the Peace, from time to time on the said Island. Sent up for Concurrence.
Voted, That Eleven Thousand Pounds only, of the Twenty-two Thousand Pounds, Granted in the Years, 1711, and 1712, be Levyed and Collected the present Year.
And that the Duties of Impost and Tunnage of Shipping, and Excise, together with the Income of the Bills lent out, and the Light-House, be a Fund and Secu- rity for the drawing in the remaining Eleven Thousand Pounds.
Sent up for Concurrence.
The following Vote sent down from the Board, viz. In Council, June 14th. 1717.
Resolved, That pursuant to an Act Intituled, An Act for the more safe keeping the Registry of Deeds and Conveyances of Lands; Made and Passed at a Session of the Great and General Court or Assembly at Boston, the 25th of May, 1715. That the Publick Office for Registry of Deeds and Conveyances of Lands for the County of Middlesex, be forthwith opened and kept in the Shire Town at Cam- bridge.
And that all Deeds and Conveyances of Lands, that have been Recorded in the Office at Charlstown, since the Making the aforesaid Act, notwithstanding their
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205
being there Recorded, be Declared, and hereby are made good and valid to all In- tents and Purposes in the Law whatsoever: Any Law, Usage or Custom to the contrary notwithstanding. Sent down for Concurrence.
Read and Concurr'd.
Ordered, That Five Shillings be Assessed on the Poll, in the Tax to be Levyed this Session.
The Bill Entituled, An Act in Addition to an Act, Intituled, An Act relating to the Duty and Office of a Coroner. Sent down from the Board, Concurr'd with Amendments; which were Read and Agreed, and sent up.
The Committee appointed, brought in a Bill, Entituled, An Act in Addition to the Act, Intituled, An Act for the Partition of Lands. Which was Read a first Time.
A Petition of John Ruggles and Thomas Gross, Owners of the Sloop Mary and Free-Love, lately Impress'd in the Publick Service, whereof the said Ruggles was Máster, Read; Praying, That the Hire of the said Sloop may be made more than the House have Voted, for Reasons mentioned therein. And that the Loss the said Ruggles has sustained by the said Sloop's being Impress'd from him, may be Considered.
And then the House Adjourn'd till Monday next three a Clock in the Afternoon.
BOSTON: Printed & Sold by 15. Green. 1717. [ 15 ]
VOTES of the House of Representatives.
Luna 17. Die Tunit, 1717. 3. D. 99.
A Petition of Robert Cathcart, Clerk of the Town of Tisbury, in behalf of the said Town; Presented to the House and Read, Praying Assistance from the Publick Treasury towards the Maintenance of their Minister, for Reasons assin'd in the said Petition.
Resolved, That the Sum of Ten Pounds, be allowed and paid out of the Publick Treasury for this time, towards the Maintenance of the Ministry in the Town of Tisbury.
And that the said Town be Advised to unite and make one Congregation with the Town of Chilmark, in carrying on the Publick Worship of God, as soon as con- veniently may be. Sent up for Concurrence.
Ordered, That Capt. Habijah Savage, Capt. Joseph Wadsworth, Jonathan Rem- ington, Edward Hutchinson, and Jonathan Dowse Esqrs, with such as the Honour- able Board shall Nominate, be a Committee in the Recess of this Court, to con- sider that Part of His Excellency's Speech, which relates to the keeping up the Credit of the Publick Bills, and report such Expedients as they think will be most effectual for that end, without fail, to the next Sessions of this Court.
Sent up for Concurrence.
An Engross'd Bill, Intituled, An Act relating to the Duty and Office of a Coroner. Read, and
Resolved, That the Bill do pass to be Enacted.
A Petition of Paul Dudley Esq; Attorney General of this Province; Presented to the House and Read, Praying Allowance for his Service in that Office for five Years last past. Committed.
The Vote of this House pass'd the 15th Currant, for a Tax of l. 11000. Sent down from the Board Concurr'd.
An Accompt of Ebenezar Lewes, Treasurer of the County of Barnstable, for the Year 1716. Countersign'd by William Basset Town Clerk, Presented to the House and Read.
Ordered, That the said Accompt be Allowed. Sent up for Concurrence.
A Petition of Thomas Palmer, John Oulton, Cornelius Waldo, Philip Headman, and Job Lewis of Boston, Merchants, Shewing, That they have lately Intituled themselves to the Rights of Land in Worcester, which Capt. John Wing died seized of, Praying, That a farther Term of Time for Building and Settling the said Lands may be allowed; the three Years which this Court limitted for Settling them, un- der Penalty of Forfeiture, being near expired. Sent down from the Board, Pass'd on there, viz. In Council, June 14th. 1717. Read and Resolved, That on the Con- sideration within mentioned, the Petitioners be allowed the farther Space of Twelve Months, to comply with the Conditions on which the Lots were Granted; they applying themselves forthwith to the Performance of the said Conditions.
Sent down for Concurrence. Read and Concurr'd.
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A Petition of John Smith of Boston, in behalf of himself and Mr. John Eliot, Owners of 18 Ten Acre Lots in the Town of Worcester, which Maj. Daniel Gookin died seized of; Presented to the House and Read, Praying that they may be al- lowed one Year more for Building two Houses, and Settling two Families on the said Lands; the three Years limitted by this Court for that end, upon Penalty of Forfeiting the Lands, expiring the 14th Currant.
Ordered, That the Prayer of the Petition be Granted. Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Martis, 18. Die Junii, 1717. A. M.
A Petition of John Lane and 13 others, Principal Inhabitants in and about Winter Harbour, Presented to the House and Read, Praying Allowance out of the Publick Treasury, towards the Support of a Minister there. Committed. A Petition of Edward Hutchinson and John Watts, Presented to the House and Read, Praying the Continuance of the Guard of Soldiers, that was formerly al- lowed at George-Town on Arrowsick-Island, for one Year more.
Ordered, That the Prayer of the Petition be so far Granted, as that an Officer with Fifteen Centinels, be allowed for the Covering of the Settlement at George- Town, for one Year more, at the Charge of the Publick. Sent up for Concurrence.
A Bill Intituled, An Act for Reviving and further Continuing of An Act, Intituled, An Act Directing how Rates and Taxes to be Granted by the General Assembly, shall be Assessed and Collected.
Read a 3d time, and pass'd to be Engross'd. Sent up for Concurrence. A Bill Intituled, An Act for Reviving and further Continuing, An Act for Explana- tion of and Supplement to the Act, referring to the Poor, &c.
Read a 2d time.
A Petition of Thomas Fitch, Nathanael Cary, Samuel Greenwood, Charles Cham- bers, and Oliver Noyes, a Committee Appointed by this Court, to provide sundry Necessaries for the Train of Artillery &c. Directed by Her late Majesty to be here provided, for the Expedition against Canada, Anno 1711. And for the Sums they advanced in that Service, they received Bills of Exchange upon the Lord High Treasurer of Great-Britain, none of which, nor any part of the said Bills have been as yet paid: And the Petitioners had the Loan of l. 3812 8s. 7d. Granted them in Bills of Publick Credit, out of the Publick Treasury, in Consideration of their [ 16 ] being in Advance for that Service, which they are obliged to pay into the Treasury in July next. Presented to the House and Read, Praying the Con- tinuance of the said Loan for one Year more.
Ordered, That the Prayer of the said Petition be Granted.
Sent up for Concurrence.
A Message from the Board by Thomas Fitch, and Elisha Cooke Esqrs, That sev-
208 Journal of the House of Representatives
eral Members of this Court are desirous to return Home, and therefore His Ex- cellency desires the House to lay aside private Affairs, and proceed to the Dis- patch of the publick necessary Business of the Session.
A further Petition of Nathanael Henchman of Boston, Merchant, Presented to the House and Read, Praying, That his Petition which was Rejected this Session, may be admitted to a Reconsideration, for Reasons alledg'd.
Ordered, That the said Petition be Reconsidered.
The said Petition Read again, and
Resolved, That the Prayer thereof be Granted. Sent up for Concurrence.
A Petition of Ebenezar Doan, in behalf of the Inhabitants of Cape Cod; Pre- sented to the House and Read, Praying a Sum may be allowed out of the Publick Treasury, for the Building a Meeting-House for the Publick Worship of God there.
Ordered, That Capt. Chandler, Mr. John Payne, Capt. Wadsworth, and Capt. Thomas Payne, be a Committee to whom the said Petition is Referred.
The Petition of Roger Billings, &c. Praying as Entred the IIth Currant: Read again, and the Report of the Committee thereon, which was accepted by the House; And accordingly,
Resolved, That the Sum of Six Pounds, be allowed and paid out of the Publick Treasury, to Roger Billings the Petitioner, to be improved according to his best Discretion, for the use and benefit of Thomas Onconconuck the Blind Indian, men- tioned in the Petition. Sent up for Concurrence.
The Vote of this House pass'd Yesterday for a Committee of both Houses, dur- ing the Recess of this Court, to consider Expedients to preserve the Credit of the publick Bills. Sent down from the Board, Pass'd on there, viz. In Council, June 18. 1717. Read and Concurr'd, with the Amendments; And the Honourable Elisha Hutchinson, Samuel Sewall, Eliakim Hutchinson, and Addington Davenport Esqrs, are added to the Committee for the said Affair.
Sent down for Concurrence.
The Amendments are, The Rasing of the Words, In the Recess of this Court, and, Without Fail to the next Session of this Court; and the Inserting of the Words. During the present Sessions of this Court. Read and Concurr'd.
3 Post Meridiem.
The Season of the Year having been such this Spring, that the Committee Ap- pointed in November last, to run the Line between this Government and the Gov- ernment of Rhode-Island, could not attend that Service.
Ordered, That the Honourable Nathanael Payne Esq; Samuel Thaxter Esq; and John Chandler Esq; be a Committee to join with such as the Government of Rhode-Island shall Impower to proceed in, and perfect the Running and Settling
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the Line between this Province and the said Colony, pursuant to the Agreement lately made for that end, by the Commissioners of both Governments. And His Excellency the Governour, is Requested to Write pressingly to that Govern- ment, to Impower, and send Persons to issue the said Affair as soon as possible.
But if the Government of Rhode-Island, continue to neglect for the Space of Four Months to join in the Affair, That the said Committee of this Government, be Directed to proceed and issue it, according to the said Agreement.
Sent up for Concurrence.
A Petition of Paul Dudley Esq; Attorney General for this Province, Praying as Entred the 17th Currant, further Considered; and the Report of the Committee thereon, which was not accepted by the House. But in Answer to the said Peti- tion,
Resolved, That the Sum of Fifteen Pounds, be allowed and paid out of the pub- lick Treasury, to Mr. Attorney General Dudley, for the Service mentioned in his Petition. Sent up for Concurrence.
The Petition of Ebenezer Coffin, Praying as Entred the 11th Currant, further Considered, and the Report of the Committee thereon, viz. That his Petition be so far Granted, as that his Fine be Returned to him.
And the Question being put, Whether the said Report be accepted ?
It pass'd in the Negative.
This House being sensible, that Mr. Jonathan Belcher, during his late Resi- dence in Great Britain, has approved himself a Friend to this Province; and been Instrumental of effecting good Services for them.
Voted, That the Thanks of this House be given to him, in grateful Acknowledge- ment thereof. And that Mr. Hutchinson, Mr. Lindal, and Col. Somersby, be a Committee in the Name of this House to render the same.
A Bill Intituled, An Act for Apportioning and Assessing a Tax of Eleven Thou- sand Pounds upon Polls and Estates. Read a first time.
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