USA > Massachusetts > Essex County > Newbury > Ould Newbury: historical and biographical sketches > Part 11
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LAND TITLES
Dole died in 1694, intestate. In the division of the real estate his widow, Mary Dole, was given the northeast end of the house and other property for her life as her dower, and the fee of the real estate was assigned two parts to the deceased's eldest son, Benjamin Dole, and one part to the younger son, John Dole. These persons were owning the lot in 1700.
The lot of Benaiah Titcomb, containing half an acre, was a part of the eight acres owned by Gyles Cromwell in 1660. He died Feb. 25, 1672-3, and in his will devised the entire lot to his daughter Argentine, wife of Benjamin Cram, of Hampton, N. H. Mr. and Mrs. Cram conveyed this lot to Richard Dole, of Newbury, a merchant, March 8, 1674-5 (book 22, leaf 86) ; and Mr. Dole conveyed it to Benaiah Titcomb July 15, 1695 (book 14, leaf 108). He continued to own it in 1700.
The lot of Hathorn Coker, of three acres and eighty-three square rods, at the corner of the country road and Green- leaf's Lane was granted, together with the western end of Benjamin Coker's lot as far as the stars, to Francis Plummer in 1645. He sold the lot, which contained four acres, to Robert Coker, both of Newbury, and both yeomen, Jan. 7, 1651-2 (Ipswich Deeds, book I, leaf 109 (322). Mr. Coker already owned the lot adjoining on the country road, and lived there. Mr. Coker died May 19, 1680 ; and in his will he devised this lot to his son Joseph Coker. Joseph died in 1697, and in his will devised his real estate to his sons Benjamin and Hathorn, who made a division, Hathorn taking this lot.
The lot on Greenleaf's Lane, containing four acres, owned by John Bartlett, was originally granted to Samuel Plummer. In the town records, under date of March 1, 1648, the follow- ing transfers of land are recorded : -
Said - Plummer sold to Edmund Moors four acres in that virge of lotts that Butteth on the lane going down to Watts his Sellar on the
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right hand of the street. ... Edmund Moors, of this Towne, March I, 1648, acknowledged to have sold unto John Bartlett, also of this Towne, the four acres of planting land that lately was Samuel Plumers that lyeth in that verge of lotts on the right hand going down to Watts Sellar, bounded wth the street on the west, the land of Henry Somerby on the north and east, & the land of Francis Plumer on the South.
May 29, 1660, John Bartlett conveyed to his son John Bartlett, Jr., the lower half of this lot with a house upon it, extending from a line drawn between the two stars marked on the map to the land of Edward Richardson. He retained the upper half of the lot, which also had a house upon it, and where he undoubtedly lived (Ipswich Deeds, book 3, leaf 177 (132).
John Bartlett, Sr., died Feb. 5, 1678-9. In his will he devised the upper half of this lot to his son John ; and, if the said John should die without issue, then to his kinsman, Christopher Bartlett.
June 6, 1681, Christopher Bartlett conveyed his interest in the lot to John Bartlett, Jr. (book II, leaf 177).
By this conveyance John Bartlett, Jr., came into the pos- session of the entire lot of four acres. He retained posses- sion of it until his death in 1707.
The western part of the lot of Edward Richardson, extend- ing eastward as far as the stars, contained four acres, and, an old deed asserts, was owned by Henry Somerby in 1648. Mr. Richardson owned it as early as 1660, and also the easterly half, which contained the same number of acres. The title continued in Edward Richardson, father, son, and grandson, until 1700. In 1719, the house upon it was called " the old house."
The lot of Fawn Clements, containing eight acres, was early owned by Richard Fitts, of Newbury, who called him- self a planter. He died Dec. 2, 1672, and in his will devised all his real estate in Newbury to his nephew Abraham Fitts, of Ipswich. Abraham conveyed the lot to his son Abraham, who was also of Ipswich, April 12, 1680 (Ipswich Deeds,
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LAND TITLES
book 5, leaf 208). May 19, 1684, Abraham, Jr., conveyed it to Edward Ordway, both of whom were then of Ipswich (Ipswich Deeds, book 5, leaf 209). Mr. Ordway built a house upon the land, and removed to Newbury, making this his home. May 24, 1699, he sold the property to Fawn Clements, of Newbury, who owned it many years (book 13, leaf 185).
The lot of Captain Peter Coffin, containing four acres and ten rods, was the four-acre lot granted to William Morse in 1645, and a little strip one rod wide and ten rods long in the northern corner subsequently purchased. Apparently, before 1677, Mr. Morse had given his son Jonathan a little strip out of this lot near the northern corner, twenty-six feet wide on the street and running back one hundred and eighteen feet, probably to build a house on ; but, instead of doing that, he sold the land to John Wells, who conveyed it, Nov. 30, 1677, to John Tucker, a mariner, of Newbury (book 31, leaf 12). Mr. Wells had just removed from Newbury to Boston, and was a carpenter by trade. Another strip of the same size as this, and on the eastern side of it, had got into the hands of Thomas Follingsby, of Newbury, and his wife Mary. They had the frame of a house set up on the lot when they sold it with the frame to Mr. Tucker for £14, Dec. 7, 1677 (book 31, leaf 12). William Morse died Nov. 29, 1683, after suf- fering from the affliction of early witchcraft ; and in his will he devised the place, house, barn, and land, to his daughter Abigail, wife of John Hendricks. Mr. Hendricks died soon after, and she married Moses Pengry. Major Daniel Davison had probably bought the place upon the death of Mr. Morse ; but no deed passed until June 19, 1696, when Moses Pengry, of Newbury, a shipwright, and his wife Abigail (formerly Abigail Hendricks), as executrix of the will of her father William Morse, gave to Major Davison a deed of the house and lot which the deceased had owned and devised to her (book 36, leaf 63). July 6, following, they gave another deed, in their personal capacity (book 36, leaf 52). In the mean- time Major Davison had purchased of Caleb Moody, March
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26, 1686 (?), the little strip at the northern corner, ten rods long and one rod wide (Ipswich Deeds, book 5, leaf 179). This strip was a part of the lot owned by David Wheeler in 1659, which he conveyed to Caleb Moody, 16: 11 : 1667 (Ipswich Deeds, book 3, leaf 50 (38). Aug. 27, 1698, Major Davison bought of Captain John Tucker his mansion house and lot, thus bringing that little plat back into the large lot again (book 25, leaf 92). The old house of William Morse was probably allowed to go to pieces, and the house of Cap- tain Tucker's construction became the abode of Major Davison. Major Davison was a merchant ; and Aug. 22, 1699, he conveyed to his wife's father-in-law, Captain Peter Coffin, of Exeter, N. H., the entire estate (book 14, leaf 301). Captain Coffin continued to own the premises till 1714, when he conveyed them to Major Davison and his wife Abigail, who had probably resided there in the meantime.
The lot of William Noyes, containing thirty-three square rods, was a part of the lot owned by David Wheeler in 1659, which was conveyed by him and his wife Sarah, who were of Newbury, to Caleb Moody, also of Newbury, 16: 1I : 1667 (Ipswich Deeds, book 3, leaf 50 (38). Mr. Moody sold this part of his lot to Mr. Noyes, who was a cooper, and of Newbury, Jan. 23, 1683-4 (Ipswich Deeds, book 5, leaf 28). Mr. Noyes owned it for several years after 1700.
The lot of John March, containing twelve square rods, was a part of the lot owned by David Wheeler in 1659, which was conveyed by him and his wife Sarah, who were of New- bury, to Caleb Moody, also of Newbury, 16 : 11 : 1657 (Ips- wich Deeds, book 3, leaf 50 (38). Mr. Moody sold this part of his lot to Mr. March, who was then of Newbury, and an "ordinary keeper," in November, 1684 (book 12, leaf 138). Mr. March owned the premises until after 1700.
The lot of Captain Edward Sargent, containing half an acre, was a part of the lot owned by David Wheeler in 1659, which was conveyed by him, who was of Newbury, to Caleb
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LAND TITLES
Moody, also of Newbury, 16 : 11 : 1657 (Ipswich Deeds, book 3, leaf 50 (38). Mr. Moody died in Newbury Aug. 25, 1698, intestate; and the estate came into the hands of his son, Thomas Moody, who conveyed this part of the lot to Captain Sargent, who was of Newbury, and a vintner, April 20, 1699 (book 13, leaf 144).
The lot of Thomas Moody, containing about eight acres; consisted originally of two lots, the dividing line running between them from star to star. The eastern portion, next to Chandler's Lane, was owned by Aquilla Chase in the early settlement of this portion of Newbury, and he conveyed it, shortly before 1659, to Robert Rogers, of Newbury ; and Mr. Rogers, for £40, conveyed it, together with the house thereon, to William Moody April 4, 1659 (Ipswich Deeds, book 2, leaf 206). Mr. Moody's son Caleb occupied the prop- erty, and he probably erected the malt-house standing there. He was a maltster ; and June 3, 1673, his father conveyed to him the premises, with the dwelling-house, malt-house, etc., thereon (Ipswich Deeds, book 3, leaf 312 (239). The west- ern portion of the lot was a part of the lot owned by David Wheeler in 1659, which was conveyed by him, who was of Newbury, to Caleb Moody (who owned the other part of the lot), together with the house thereon, 16: 11 : 1667 (Ips- wich Deeds, book 3, leaf 50 (38). Caleb Moody died Aug. 25, 1698, intestate ; and, in the settlement of his real estate, this lot was agreed to be his son Thomas'. He owned the premises for many years, carrying on his business of a malt- ster, as did his father before him.
The lot of Henry Hale, containing eight acres, was early in the possession of Henry Fay. He died, unmarried, June 30, 1655, and left a request that his brother's children should have his real estate. Thomas Noyes, of Sudbury, was evi- dently the heir, as he gave a power of attorney to lease the house and land. His attorney conveyed the premises to John Allen, of Newbury. Mr. Allen, for £80, sold the land, with the house and barn thereon, to John Hale, of Newbury,
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Oct. 15, 1661 (Ipswich Deeds, book 2, leaf 117). Mr. Hale conveyed one undivided half of the land and house to his son Henry in 1695 (book 12, leaf 107), and the other half in 1699-1700 (book 15, leaf 145). Henry Hale owned it sev- eral years.
The lot of William Chandler, containing four acres, was granted to Gyles Badger in or about 1646. He died July 10, 1647 ; and the premises were purchased by Henry Somerby immediately. In 1652, Mr. Somerby agreed to sell the lot to Mr. Chandler, who was of Newbury; but the owner died Oct. 2, 1652, before the conveyance was executed. His widow married Tristram Coffin, of Newbury; and April 5, 1654, she completed the transfer as "executrix," and also personally (Ipswich Deeds, book 3, leaf 24 (17). Mr. Chand- ler owned the lot and house thereon until his death in 1701.
The lot of Benjamin Coker, at the corner of Chandler's Lane and the country road, containing four and a half acres, was the whole of the four-acre lot owned by Robert Coker in 1651 ; and the remainder of the lot, being half an acre westerly of the two stars, was a part of the four-acre lot granted to Francis Plummer in 1645. Mr. Plummer sold his whole lot to Robert Coker, who was of Newbury, and a farmer, Jan. 7, 1651-2 (Ipswich Deeds, book I, leaf 109 (322). Mr. Robert Coker died May 19, 1680; and in his will he devised this whole lot, together with the adjoining lot on the corner of Greenleaf's Lane and the country road, to his son Joseph Coker. Joseph conveyed to his son Benjamin one acre of the lot, it being the eastern corner, the three stars showing the division line, Dec. 26, 1692 (book 26, leaf 91). Mr. Joseph Coker died in 1697, and in his will devised his real estate to his sons Benjamin and Hathorn, who made a division of the premises, Benjamin taking this lot, including the acre already owned by him.
WHARVES AND DOCKS.
April 25, 1655, the town of Newbury " granted to Captain Paul White a parcell of land not exceeding half an acre, about Watts his cellar, for to make a dock, a wharf, and a ware- house, provided he do build a dock and warehouse as afore- said; but the town granteth no liberty of freehold or com- monage hereby, and if he shall hereafter sell it, when he hath built upon it, the town shall have the forsaking of it." On the seventh day of May, 1656, this half-acre of land at the foot of Greenleaf's Lane "from the river by the great rocks upon a strait lyne to a stake by the way," and thence westerly by another great rock, etc., was laid out to Cap- tain Paul White, who complied with the conditions of the grant, and built there the first wharf within the limits of the town. He retained possession of this property until Feb. 26, 1677, when he conveyed it to Thomas Woodbridge for life, and then to Paul and Thomas, sons, and to Mary, wife of the said Thomas Woodbridge (Essex Registry of Deeds, book IO, page 95).
Thomas Woodbridge, Sr., died very suddenly March 30, 1681 ; and some years later the wharf came into the posses- sion of his son Benjamin Woodbridge. The following depo- sitions, taken from the Essex Registry of Deeds, contain some interesting historical facts in relation to the original grant of this land by the town of Newbury :-
Percivall Lowell, aged about seventy-two years, testifieth & Saith yt about fifty years Since, not long after ye grant of about halfe of an acre of Land, laid out at ye point of Rocks near Watts his Cellar in Newbury to Capt Paul White, now known by ye name of Capt Whites warehouse point, ye said Capt Paul White desired me ye deponant to goe wth him & with John Bishop, one of ye Committee yt laid out ye Land
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above mentioned, to see ye Bounds thereof, & ye Said Jno Bishop and Capt White Shewed me ye Bounds of Said Land, & ye Bounds were & are near ye places where I, ye Said Lowell, and Nathan11 Brickett set up ye Stakes this twenty second day of March, 1710-11, by ye Great Rock & Gutter & River, & so to take in ye whole point of Rocks, & ye Cove therein contained was ye place where ye said Capt White had his Dock.
PERCIVALL LOWELL.
Essex, ss. Mr Percivall Lowell Personally appeared before us two of her majties Justices of ye peace for ye County of Essex, quorum unus, upon ye Spott of Land above mentioned & made oath to by ye evidence above written this twenty second day of March, 1710-II.
THOMAS NOYES, JOSEPH WOODBRIDGE .*
Nathaniel Brickett, aged sixty two years, testifieth & Saith yt about Thirty seven or thirty eight years since ye town of Newbury at a town meeting desired me, ye said Nathaniel Brickett, to goe with Deacon Richd Knight, then one of the lot layers for ye town of newbury, to see ye Bounds of about half an acre of Land, formerly Laid out to Capt Paul White, near Watts his cellar in Newbury, now known by ye name of Capt Whites warehouse point, and ye Bound yt were then Shewed me by said Richard Knight were at or near ye places where I & m" Perci- vall Lowell set up ye Stakes this twenty second day of March, 1710-II, both by ye great Rock & Gutter and River, & so to take in ye whole point of Rocks, & ye Cove therein contained was ye Place where he, ye said Capt White, had his Dock.
NATHANIEL BRICKETT.
Essex, ss. Nathaniel Brickett personally appeared before us, ye Sub- scribers, two of her majties Justices of ye peice for ye County of Essex, quorum unus, upon ye Land abovementioned and made oath to ye Evi- dence above written this twenty second day of March 1710-1I.
THOMAS NOYES, JOSEPH WOODBRIDGE. +
Joseph Bond, Sr., of Haverhill, testified
That upwards of fifty five years that Land where Benjamin Wood- bridge's house now standeth on in Newbury and all the Land that he has inclosed & the land to the great rock adjoyning to it, and so down
* Essex Deeds, book 23, page 110.
t Ibid., page 111.
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WHARVES AND DOCKS
to ye River by ye Great Rocks, taking ye whole point of Land to said Woodbridge's west corner of his Garden adjoyning to the Street and gutter, with the whole cover therein contained, and the flatts thereunto adjoyning, have been possessed by Capt. Paul White and his heirs for above fifty five years last past, and have by them been Improved ever since to ye best of my knowledge, and I never knew or heard yt they have been molested until now. The Deponant farther saith that he came to be acquainted & have knowledge of ye Land above mentioned by Living at Newbury formerly & by since trading with Capt. Paul White and Anne, his wife, unto ye time of their deaths.
Sworn to June 12, 1721 (book 39, page 64).
Joseph Woodbridge, son of Benjamin Woodbridge, was the owner of this wharf property in 1735. In the year 1768 deeds of conveyance are recorded from Benjamin and Joseph Woodbridge to Thomas Woodbridge (book 122, pages 16 and 17).
Sarah Woodbridge married Stephen Hooper, of Marble- head, Oct. 10, 1764. She died in the month of June, 1779, aged forty-two. Her son, Thomas Woodbridge Hooper, inherited " from his mother Sarah Hooper, deceased," the wharf, with the warehouses standing thereon.
Nov. 6, 1798, Moses Brown took possession of this prop- erty under a writ of execution (book 163, leaf 208).
Nov. 9, 1798, Moses Brown sold the wharf, dock, and warehouses to Elias Hunt (book 163, leaf 213).
Feb. 7, 1799, Elias Hunt sold the property to Abraham and Ebenezer Wheelwright (book 165, leaf 90).
July 14, 1799, William Farris bought of Abraham and Ebenezer Wheelwright "the wharf with the brick dwelling house, warehouses, &c., &c., also including Ferry Lane and the Ferry ways " (book 169, leaf 20).
April 20, 1805, William Farris and Ebenezer Stocker con- veyed this property to Abraham and Ebenezer Wheelwright.
In the great fire of 1811 the warehouses on this and other wharves in the neighborhood were burned to the ground.
May 7, 1675, Richard Dole was granted "six rods and a quarter upon the point of land that lies between the two
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gutters that come from the point of rocks near Watts his cellar "; and March 5, 1677-8, "he proposed for liberty to build a dock about Watts his cellar, and as many of the town as were willing to help him about it he will accept of their help."
On the twentieth day of September, 1678, a committee appointed for that purpose laid out "to Richard Dole, senior, a parcel of land lying near Watts his cellar, where he is now building a wharf and dock three rods broad from the east side of the west gutter to a stake near to the great rock with the flats adjoining thereto excepting two rods in breadth upon the easterly point of upland, which is to lie for a perpet- ual highway for the town's "se to the dock for to unlade hay, /thing else which is produced in wood, timber, boards, or or upon the river, it not b the sea. We also do gr. the town's right, title, and inter-
ig imported from or exported to est to the point of land o the northerly side thereof, which is commonly known by the name of Captain White's point and so forth, and the said Dole is to set a wharf against the two rod that is appointed for a way for the town's use."
In the Essex Registry of Deeds, book 39, leaf 64, are the following depositions relating to Benjamin Woodbridge's land at Dole's dock, sworn to Sept. 26, 1721 :--
Fawn Clements testified "that about thirty years ago, I being on Mr Richard Doles wharfe, ye said Richard Dole called me to him and showed me a stake within two or three foot of ye great rock as he called it, which great rock the South end of the warehouse now standeth on, and he told me that Stake was ye bounds of his Land, and he told me ye way leading to ye Dock was on ye East side of sª Stake."
Edward Poor testified "that about forty years ago, I working in Mr Richard Doles employ on his wharfe and load- ing and unloading vessels in ye dock and going to sea in his Imploy, and the highway down to the dock we always made use of and Improved at ye east end of ye warehouse where Capt Kents dwelling house now Standeth, & so down into ye dock ; & ye Land in Benjamin Woodbridges possesson was then Improved by planting of trees, and was always ac-
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WHARVES AND DOCKS
counted Capt Paul Whites, & I never heard Mr Richard Dole Claime or Challenge any Land to ye Eastward of the high- way, but his Land was always accounted on ye west side of sª way."
Caleb Moody and Henry Rolfe, two of the selectmen of Newbury, testified that they were "appointed by ye Town of Newbury to renew ye bounds of a way to the dock at ye end of fish street. When we were viewing ye said way, Capt Stephen Greenleafe came to us, and Shewed us a Stake which he declared to be the bounds between Mr Benjamin Woodbridge and himselfe, which stake was about nine feet to the eastward of the house which Capt Stephen Greenleafe sold to Capt Richard Kent, and that the way which ||we|| the deponts with ye rest of ye Selectn. were Imployed to renew ye bounds of appeared to us b_ record, &c., to be to the Northwestward of ye above menti d Stake."
When these depositions were aken, the wharf built by Richard Dole had passed into the possession of Colonel Richard Kent, as will appear by the following deed of con- veyance dated July 8, 1757 :-
Whereas Col. Richard Kent, late of Newbury, deceased, was seized in fee of house and wharf called Kents wharf, with buildings, docks, and flats, all in Newbury, on Merrimack river, near or adjacent to the lower ferry place, in which said house said Kent dwelt at the time of his decease and which he purchased of Capt. Stephen Greenleaf Janu- ary 21, 1718-9, and April 20, 1719, and bo't by s'd Greenleaf of Col. John March (or his heirs) and originally granted to Richard Dole May 7, 1675, and Sept. 19, 1678. S'd Col. Richard Kent, by will dated May 6, 1740, devised to his wife Hannah the house, &c., for her life, remainder to his son John Kent, and, if he should die without issue, then to his daughters. John Kent having died without issue, the widow and daughters by this deed convey to Patrick Tracy land and buildings bounded and described, &c., signed by HANNAH KENT, widow of Richard Kent, ELIZABETH BURT, widow, DUDLEY ATKINS TYNG and wife SARAH.
(Essex Deeds, book 106, page 43.)
The land conveyed by this deed was evidently only a por- tion of the original grant to Richard Dole. At a later date,
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Elizabeth Burt, widow, sold to Tristram Coffin and Samuel Allyne Otis (book 162, page 250), and to William Welstead Prout (book 160, page 168) land, with buildings thereon, ex- tending apparently from Merrimack Street to land conveyed as above to Patrick Tracy. Tristram Coffin and Samuel Allyne Otis sold their one-half part of this property to An- thony and Moses Davenport, Jan. 1, 1799 (book 164, page 198).
Patrick Tracy retained possession of the wharf purchased of the widow and daughters of Colonel Richard Kent until Feb. 9, 1779, when he conveyed it to his son Nathaniel Tracy (book 136, page 293).
Dec. 24, 1782, the adjoining estate, consisting of land, house, etc., formerly owned and occupied by John Greenleaf, was purchased by Nathaniel Tracy (book 140, page 79).
July 24, 1786, Mr. Tracy was involved in financial diffi- culties, and mortgaged " the wharf bought of his father Pat- rick Tracy, lying near the lower end of Fish Street in New- buryport, adjoining Merrimac Street, with land I purchased of Benjamin Greenleaf adjoining. The house on wharf property fronting on Merrimac Street " (book 145, page 250).
March 8, 1788, Nathaniel Tracy gave a mortgage of the equity of this property to Thomas Russell (book 149, page 24).
April 10, 1794, Thomas Russell sold to Nicholas Johnson and John Greenleaf, the wharf, house, etc. (book 158, page 80).
Nov. 29, 1800, John Greenleaf gave a quitclaim deed of the brick store and land under the same to Nicholas Johnson (book 170, page 13).
Nov. 29, 1800, Nicholas Johnson gave a quitclaim deed of the wharf, " except the brick store on the premises," to John Greenleaf (book 168, page 174).
For many years the wharf remained in the possession of Mr. Greenleaf, and was long known as Greenleaf's Wharf and afterward as City Wharf. It is now owned and occupied by the Philadelphia & Reading Coal and Iron Company.
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WHARVES AND DOCKS
Between the land granted and laid out to Captain Paul White April 25, 1655, and the land granted to Richard Dole Sept. 20, 1678, there was a narrow strip that was afterward used as a way to the ferry. The privilege of transporting passengers from this point, over the Merrimack River, to the Salisbury shore was granted to Colonel John March in 1687.
In the town records, under date of Jan. 5, 1679-80, is the following memorandum : -
Concerning Ensign Greenleafs and Mr. Davisons proposition for a wharf, It was voted and granted they, their heirs and assigns, should have at the point of Rocks above Watts his Sellar a place for to build a Wharf, to be three score foote at high water mark for the front & so down to low water mark, Provided the inhabitants of the town shall have liberty to land wood or hay or other goods, so that the said goods be not above twenty-four hours, neither at any time to do them damage.
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