USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 17
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Report, Committee The Committee for examining the Claims of persons about the Highways brought their Report thereabout in writing, as follows vizt. The Committee appointed on the fifteenth Instant to treat with those persons, who have a Demand on the Town for Highways thorow their Lands, having met for that pur- pose, discoursed divers persons on that Head, Particularly the Revd. M' Niles who declared to the Committee, that he was will- ing that there should be one open way for the use of the Town thorow his land to Cochecho, without any thing to be paid there- for, Provided the way in entering on his land should begin either where the Selectmen formerly laid it out, or els where they laid it out the last year, to go strait to his own house, and so thorow his land as laid out. Coll1. Quincy MI Joseph Crossbey, Deacon Sam- uel White and m' Joseph White also declared to the Committee that they would Relinquish their demands of pay for the ways laid out thorow their lands, and accepted by the Town, which have been heretofore Improved, provided that other persons who have a Demand on the Town for ways shall do the same. March 27, 1732, In the name of the Committee ; John Quincy. a true entry, att *. Benjamin Webb, Clerk.
Way altered. Committee to open ways. Whereas there hath been Two ways laid out between Cramberry brook and mr Niles's House in Cochecho : upon good and valuable considerations It was Voted that the way as it was laid out betwixt the said Brook and M' Niles's House, march 17th. 173g be Relinquished, and that, that way laid out May 19th. 1724, from said Brook & Mr. Niles's House, be continued, and Improved as the Town's way. Then Voted,
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BRAINTREE RECORDS, 1732.
that Mr. Benjamin Ludden, Mr. Samuel Bass Jun" and M' Eph- raim Thayer, or any Two of them, be a Committee to remove any obstructions that may be upon the said ways, and open them if need be, after the Selectmen shall have once more treated with such of the owners of the land thorow which they run, as shall oppose their being Improved. The remaining Particulars inserted in the warrant were left to be considered at the next Town meeting.
May 15th. 1732.
Representative Pursuant to the Precept for the Choice of a Representative, the Free holders and other Inhabitants of the Town duly Qualified and having had Legal warning assembled on the day above said, and the meeting being opened, they proceeded to the Choice of a Representative, and their votes being brought in and Collected, it appeared that John Quincy Esqr ; was chosen Representative, having all the votes.
[7] See the meeting March 6, 1731/2 Moderator. On the same day the Free-holders and other Inhabitants of the Town Qualified to vote in Town affairs, assembled to transact some other affairs of the Town, the particulars whereof are inserted in the warrants for calling the meeting, which are on file, vizt ; First To chuse a Moderator. Secondly To Raise money to defray the Charges of the Town this year. Thirdly To pass some act or acts for the Restraint of Rams. Fourthly, To chuse a Committee in the Town's behalf to obtain the removal of a certain Fence set up across a Town-way leading into the Comon betwixt the lands of Seth Bass and Joseph Beal secundus. Lastly to consider further of the matter relating to the Extraordinary Fence made by Stephen Cleverly and Jonathan Baxter on the Town's land in their Im- provement &c. as may be more fully seen in the warrants, and being so assembled they proceeded, To the choice of a moderator, and Ensign Samuel Baxter being nominated, was chosen modera- tor for that day.
Town Tax £100 Then voted, that one Hundred Pounds should be assessed on the Inhabitants of the Town for the defreying the necessary charges of the Town this present year.
Rams Restrained Then voted, that all and every Ram or Rams belonging to this Town that shall be found going at large, betwixt the first day of August & the first Day of November next ensu- ing, shall be forfeited to the person or persons that shall take them up so running at larg.
The Question was then put by the moderator, whether a Commit- tee should be chosen to proceed according to Law for the procuring the opening of the way stopped up, mentioned in the Warrants &c 'It passed in the affirmative.
Committee to open the way stopd by M' Beale They then proceeded to the choice of a Committee for opening the said way and David Bass, Moses Belcher, & John Adams being nominated, were separately voted a Committee for the affair above said.
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BRAINTREE RECORDS, 1732.
Then voted that the said Committee be fully Impowered to act in the Town's behalf, in the affair abovesaid.
Cleverly & Baxter to be allowed The Question was then put by the moderator, whether the Town should allow something to Stephen Cleverly and Jonathan Baxter, for the extraordinary Fence by them made on the Town land, and It passed in the affirmative.
Then voted that any three of the Selectmen be a Committee to view the said Fence, and make Report to the Town at their next meeting, of what they think proper to be allowed.
August 25th. 1732.
Moderator. The Free-holders and other Inhabitants of the Town duly Qualified, (and having had Legal warning) assembled to trans- act sundry affairs, of the Town ; the particulars whereof, as they are expressed In the warrants for calling said meeting, being, First To chuse a moderator. Secondly To Receive the Reports of such Com- mittees as have been employed in the Publick affairs of the Town. Thirdly To consider what may yet be done to prevent the stones being Carryed off the common, and being so assembled, they pro- ceeded to the choice of a moderator, and Deacon Peter Adams being first nominated, was voted moderator, for that meeting.
Next. The Committee (viz' M' William Hunt, Mr. Richard Thayer and M' John Hollbrook) who were chosen at a meeting March 27th last past, To Run the line (with a Committee from Weymouth) betwixt the Town of Weymouth and this Town, exhib- ited their Report thereabout, drawn up by M' Jacob Beal of Hing- ham Surveyour, whose assistance they had in Running the said line, and rendering the Bound marks thereof; as follows, vizt.
[8] Committees Report. An Account of the Bound-marks in running and renewing the line betwixt the Townships of Braintree and Weymouth from a small rock about the midle of smelt Brook (so called) Just below the Road, about highwater mark of an ordinary Tide, about South and by West and one half point Westerly by the needle, To a Spruce ali's Hemlock Tree in low ground, westward of Bever-Brook, standing near to, or in the Patent Line, marked with three or foure chops on the sides of it, and stones laid about it, and marked with W. eastward and B westward, & Dated 1732.
Note That all the Trees and stakes hereafter mentioned, are Generally marked, Ranging, with an ax, and Lettered W. eastrd. & B Westward with a marking Iron mostly. Note that the letter (O) is here prefixed to old marks, or others, made by such as are decayed, viz from said Rock in Smelt Brook to (O) a great white oak in Thomas Kingman's Land (O) or wild Cherry Tree, by an old mark'd white oak stump, near the line between Ebenezer and Thomas Hunts Land (O) stonewall fence on high land, Thos. Kingman's Land being eastrd. & Thomas Hunts westward (O) a great Walnut Tree, said Kingman's land eastrd. and Thomas White's land Westrd. a heap of stones on a high Rock in Ebenezer Bolter's land.
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BRAINTREE RECORDS, 1732.
in John Kings land in Thos. Whites land viz. King West, Thomas White East. A walnut Tree near the South corner of John King's field (O) a small walnut by an old mark'd pine stump ; a small elm (O) a great white oak (O) a Hollow black oak stump with a stake in it, a black oak (O) a stooping white oak (O) a Small walnut by the stump of an old mark'd oak (O) a Hollow long black oak stump, a Black oak " a heap of stones on a rock " a Black oak " a heap of stones on a Rock (O)" a white oak northrd of a swamp.
Thomas White Eastrd Hunt & Holbrook &c Westrd "a Black birch southrd of a swamp " a Spruce " a Black oak, a Black oak ; a Rock with stones on it northrd of a pond, a black oack southrd of said Pond ; (O) a Black oak ; a small black oak ; a Black oak- bush on a Hill (O) black oak ; (O) & 20 feet Southrd a white oak in the Range, (O) dead Pitch Pine &c (O) 20 feet southrd. a Black oak in the range on high land : a Pitch Pine Bush ; and a heap of stones on a Rock near it ; (O) a Crooked black oak at the North side of the Northrd. Cedar Swamp .-
there are stones laid about the Bound mark Trees on up- land, generally from Smelt brook hither.
In the first Cedar Swamp or Northrd. a small Pine (O) a great broken top'd Pine : a small Cedar, a Spruce, (O) a Spruce, a small Cedar.
on next upland ; in the second or burnt Cedar Swamp. a small Beach : (O) a great Spruce Ali" Hemlock ; a great Spruce, a small Cedar; and foure Small Cedars successively ; (perhaps hereabout is the Iron work Line) a Small Maple : a Small Cedar : a small Spruce.
on next upland a great Spruce : (O) a Stooping birch Eastrd. of a little Pond ; a Crooked Beach on a Small neck between Two Ponds, (O) a great Birch (O) a great Spruce (O) a Beach Dated 1732.
In the Third Cedar Swamp, (O) a Small Spruce (O) a Tall Pine : (O) a Stooping Maple : (O) a small birch ; (O) a large maple ; on next upland (O) a Small black ash ; a Spruce (O) a great Beach (O) a Spruce (O) a great dead Birch ; a small Spruce on a Rock (O) a great Beach (O) a Spruce and stones at it by a Cartway, Northrd. of a Cedar Swamp.
in ye 4th ord Southrd Cedar-Swamp & Island's in it, (O) a Spruce near the South point of a neck of upland ; a maple Sprout ; (O) a blown down Cedar (O) a Beach on an Island, old Lettered W. Eastward, B, Westrd (O) a Birch on the south part of said Island ; (O) a Stake and Stones, by a blown down old mark'd Spruce at the East Point of the next Island ; a Stake (O) a long Spruce stump, close to the South Side of paper bridge Sled-way ; (O) a Dead Cedar : (O) a stake by a fallen down old marked Tree.
on the next upland to the Patent line, Two maple Sidemarks, the line runs between them (O) a white ash in Swampy land ; (O) a Spruce on higher lands, and stones at it; (O) a maple and stones at it ; (O) the Spruce Ali' Hemlock, abovesaid, standing at the Patten Line.
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BRAINTREE RECORDS, 1732.
performed by Messrs. Thomas White, Phillip Torrey, & James Beal of Weymouth, & William Hunt, Richard Thayer & John Hollbrook of Braintree, & Jacob Beal
June 13th. 1732.
A true Coppy Attt Benjamin Webb Cler.
or entry
only the names of Weymouth & Braintree in ye beginning acci- dentally transposed.
[9] after the aforesaid Report was Publickly Read to the Town ; the moderator put The Question whether they would accept of the said Report, and It passed in the affirmative.
Next, The Selectmen (who were appointed a Committee to Run & Settle the line betwixt the Town's Common and the lands of particular Persons) acquainted the Town that they had desired Thomas French to Join with them in Running the line betwixt his land, that was formerly Thomas Scant's and the Common, and also betwixt some other lands of the said French and the Common aforesaid ; but the said Thomas French utterly refused to Run the said lines, unless they would Suffer him to take in with his lands about Two acres of the Town's Common, aforesaid and Further, they aquainted the Town that the said French Challenged the lands which he desired to take in as aforesaid and had made a Fence which enclosed apart thereof with his own.
The moderator then put the Question to the meeting whether they would Settle the line with the Said French according to his Demands, and, It passed in the negative.
Then Voted, that the Selectmen or the major part of them be a Committee and fully Impowered to prosecute the said Thomas French in the Law in action of Tresspass, for encroaching on the Town's Common.
The affair of the Stones was next debated, and after a consid- erable debate thereon It was Voted, That all and every person or persons that shall carry any stones from off the Town's Comon to the Market, shall pay to the Town Twelve pence for each Cart load so carryed off.
Then Voted, that a Committee should be chosen to take care of the affair aforesaid, and Receive the money of all such persons as shall carry off stones for sale as aforesaid, and that the said Com- mittee shall be accountable to the Town therefor, and render their accompts to the Town at the end of every half year, vizt. at the first Town meeting after the said half year's shall be out, and that the said Committee be empowered to prosecute all such persons in the Law, as shall carry off any stones without paying therefor, as abovesaid, after which votes, Mess". Ebenezer Newcomb, Thomas Copeland & John Ruggles were separately nominated, & voted a Committee to act in the Town's behalf in the affair aforesaid, and that any Two of them be a quorum to prosecute such as shall carry off the stones as abovesaid, and further that no person shall carry off any stones from the Common to any Landing place, without first acquainting the said Committee or Some of them.
174
BRAINTREE RECORDS, 1732-3.
Then Voted, that the Said Committee shall be paid for their service herein out of the money they shall receive for stones as aforesaid, at the Rate of Three shillings, out of every Twenty Shillings they shall so receive.
The Anniversary Town Meeting for the Choice of Town-officers, for the year 1733, on March 5th. 1732/3.
March 5th.
The Free-holders and other Inhabitants of the Town, duly Qualified and Regularly assembled, for the choice of all Town offi- cers for the year ensuing, and Transacting such other affairs of the Town as should be laid before them, The Particulars whereof are Inserted in the warrants as followeth, vizt. First, To chuse a Moderator. Secondly, To chuse all Town officers which by Law are required To be annually Chosen. Thirdly To consider, De- termine whether [10] They will allow as heretofore for Bulls and Boars, to be kept for the Town use. Fourthly To hear a Request of Ebenezer Newcomb, for a piece of the Common To Set a Wind Mill on ; and also a request of Joseph Pray for a small piece of said Common to Set a Dwelling-house on. Fifthly To Grant money (if found needful) to defrey extraordinary Charges, accrew- ing on the Town, and Lastly, To receive the Report of the Select- men concerning Town ways, by them laid out &c, as may be seen more at large in the warrants (for calling the meeting) on file.
Moderator They Proceeded (after the opening of the meeting) To the choice of a Moderator, and the votes being brought in & examined, It appeared that John Quincy Esq ; was chosen moder- ator by a Major part of the votes.
Town Clark. Then the Meeting Proceeded to the choice of a Clark by written votes & upon Collecting the same It appeared that Benjamin Webb was chosen, by a Major part of the votes, who was immediately sworn to a faithful discharge of his office.
Constables, Elkanah Wales, Samuel Belcher, Samuel Bass. Joseph Neal & Samuel Adams refused They then proceeded to the choice of Constables by written votes, upon Collecting of which it appeared that Joseph Neal secundus, Elkanah Wales, and Samuel Bass Jun' (of the Southernmost Precinct) were chosen Constables. But Joseph Neal declaring his Refusal to serve, the meeting proceeded to chuse another, and their votes being Col- lected it appeared that Samuel Adams was chosen, and the said Samuel Adams also declaring his Refusal they proceeded to bring in their votes for another, which being examined it appeared that Samuel Belcher was chosen.
Selectmen Nextly, They proceeded to the Choice of Selectmen and their votes being brought in & examined it appeared That Joseph Crossbey Samuel Baxter, William Hunt, Richard Thayer, and Samuel Hayden were chosen Select men by a majority of votes.
Treasurer. The meeting then Proceeded to the choice of a Town Treasurer, and Benjamin Webb, being nominated, was chosen by a Major part of the voters
They then proceeded to the choice of other Town officers, and
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BRAINTREE RECORDS, 1732-3.
the following persons being first nominated, were chosen to their respective offices as follows vizt
Surveyors of Highways To the office of Surveyors of High- ways were chosen Jonathan Baxter, Josiah Adams, Moses Belcher Sent. William Noys, William Bowditch, Ebenezer Thayer, Na- thanael Littlefield & Ebenezer Copeland.
Tithing-men To that of Tithing-Men were chosen Christopher Webb, John Hunt, John Thayer Tertius, John Webb, & Benjamin Hayward.
Fence-viewers. To that of Fence-viewers were chosen, William Copeland, Ephraim Thayer Jun'. Samuel Curtis, Samuel Cleverly, & Simon Crossbey.
Hogreeves. To that of Hogreeves were chosen, Samuel Hay- ward Jun'. Caleb Dunam, Nehemiah Hayden Jun". Thomas Hol- liss, & Benjamin Spear.
Surveyors of Timber Plank, Clapboards & Shingles To that of Surveyours of Timber, Plank, Clapboards & Shingles, were chosen, Samuel Belcher, Isaac Newcomb, Ephraim Arnold, & Benjamin Baxter.
Sealer of Leather To that of Sealer of Leather, John Beale.
Bulls. Then voted, That whosoever of the Inhabitants of this. Town shall enter wth the Town Clerk a Good Sufficient Bull of Two years old at least, before the first Day of May next to be kept for the Town's use, until the 29th day of September next following in a Pasture or enclosure, shall be paid out of the Town Treasury Thirty Shillings, and also that whosoever of the said Inhabitants shall enter as aforesaid a good sufficient Bull of age as abovesaid, to be kept for the Town's use, as abovesaid, to Run at large, shall be paid out of the Treasury, Twenty shillings, Provided there be not above twelve entered, Six whereof to be in the North Precinct, Four of the Twelve to Run at large, Two of which four to be in the said North Precinct.
[11] Boars. Then Voted, That whosoever of the Inhabitants of this Town shall enter as aforesaid, a good sufficient Boar, of six months old at least, before the, First day of May, to be kept for the Towns use the year ensuing, and to Run at large, shall be paid out of the Town Treasury fifteen Shillings, Provided, there be not above Six so entered, Three whereof to be in the North Precinct
Town Rate £60. Then Voted, That Sixty Pounds be forthwith assessed on the Inhabitants for the Defreying extraordinary Charges accrewing therein.
£6-allowed to B. Webb for services &c Then Voted, that Benjamin Webb, be allowed & paid out of the Treasury Six Pounds for his services the year past as Town Treasurer and Town Clerk.
Enss. Samuel Baxter, Mr. John Niles and Mr. Joseph Crossbey, Three of the Selectmen made the following Reports of Several Town-ways by them laid out as follows, vizt ;
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BRAINTREE RECORDS, 1732.
March 27th 1732.
Townways. We the subscribers at the Request of Sundry of the Inhabitants of this Town, did lay out a Town way Two Rods wide begining at a large White oak-Tree, standing in the line be- tween Ensign John Hunt's and Ebenezer & Ezechill Crane's land, the way to ly on the South west side of said Tree straight to a great Rock, on which we laid a heap of stones, the way on South Side of said Rock, from thence to a gray-oak tree the way to ly on the North side said Tree, Thence straight to a Rock on which we laid some and so along the side of the fence, as it now stands, the way to ly on the North side of the Fence, and so to a stake and heap of stones in the line between the Cranes and David Niles, the way to go on the East side said stake and stones : Then straight to a Rock, the way to ly on the West side of the Rock.
And then we laid out another way begining at Stoughton Line, at a great Rock, Near the Corner of Silvesters Land, the way to go on the South side the Rock, and so to a heap of Stones, thence to a Small Rock, on which we laid some stones, the way to go on the south side, from thence to a stump on which we laid some stones. Thence to another stump, the way to ly on the North side said stump, and so on straight to the line between Silvester and John Smith, from thence as the Fence now stands, 'till wee come to a Black-oak stump with some stones on it, and thence straight across a corner of - - Smith's Field to a Rock with a heap of stones on it ; the way to ly on the North side the Rock, thence straight to another Rock, by the side of the way first above described which this last way lets into ; and then they both become one and from thence as the way is now Improved, 'till we come to a stake and heap of stones in the line between Bendal's Farm & John Smith's land ; from thence the Right hand Road, as it is now Improved, 'till we come to a sapling Black oak, thence straight to a White oak stump : thence to the Southerly corner of Dogget's Garden, the way to ly as it is now Improved; Thence to a White oak Tree which we marked, the way to ly on the Southerly side said Tree ; Thence to another large White oak, the way to ly on the Southerly side the Tree ; Thence to the Southerly corner of-Dogget's Field, and so along side of the Fence as it now stands, 'till we come to the Line between Benjamin Hayward and said - Dogget, thence to a Rock with some stones on it, the way to go on the Southerly side of it, thence to a sapling white oak, the way to ly on the Southerly side the Sapling, thence along by Hayward's as the way is now Improved 'til we come to the Road that leads to Bear Sw
Subscribers Subscribed by Samuel Baxter, John Niles, Joseph Crossbey, Select-men
Accepted The abovesaid Report being Read, It was voted to be allowed & accepted as a Town way, Provided all the Persons In- terested in the land do give it for that end only with the following amendment, at the desire of Isaac [12] Dogget abovenamed vizt. That from the way against Mr. Doggets House the way aforesaid shall go over a Shoal-place in the corner of a Pond in his land, and
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BRAINTREE RECORDS, 1733.
along the North side of the Pond to M' Haywards Barr's and thence directly to said Haywards Door.
a true entry of the Report & vote Attr. Benjamin Webb, Town Cler.
Then also the following Report was made, by the Subscribers, vizt -
Laid out to Cochato meeting house. We the Subscribers being Requested by a number of the Inhabitants in the Southermost Pre- cinct in Braintree (on the East side of Cochato River To lay out a Town way for their more convenient going to meeting accordingly went, and layed out one as followeth, begining, first at the way al- ready laid out by David Eames house, thence upon the line between the land of said Eams & Ephraim Thayer to the River, thence across a corner of the land of Samuel Vinton to the North side of a great Rock, thence on the line between Said Vinton and Cornelius Austin, thence on the line between the land of Samuel Hayden & the aforesaid Sam1. Vinton, to the Country Road that leads to the meeting house in said Precinct, all the above said way that is on any line, to be taken half out of the land of each Proprietor, ex- cepting in some certain places that requires a variation by reason of great Rocks in the line, all the above said way to be one Rod & half wide, and to ly open.
Braintree, March 1st. 1732/3 the Report above said being Read It was allowed & approved, by a Major vote, &c
Samuel Baxter Richard Thayer William Hunt
A true Entry att". Benjamin Webb, Cler. Select men.
There were also Two other Reports offered relating to ways, which by reason [14] of some disagreement among the men of the neighbourhood, were refered to be compleated against the next Town-meeting.
The Report also of the Selectmen about the extraordinary Fence made by Stephen Cleverly and Jonathan Baxter were left to the next meeting
May 21st 1733. Representive.
Pursuant to the Precept for the choice of a Representative, The Free-holders and other Inhabitants of the Town duly Qualified (and having had Legal warning) assembled, and the meeting being opened, they proceeded to the Choice of a Representative, and their votes being brought in and examined it appeared that Collonel John Quincey was Chosen Representative, having all the votes.
On the same day the Free-holders and others Inhabitants of the Town duly Qualified to vote in Town affairs, assembled to transact some other affairs of the Town, the Particulars whereof are inserted in the warrants for calling the meeting, which are on file, as follows, vizt. First To chuse a moderator. Secondly, To chuse a Committee (if it be thought expedient) to Treat with the neighbouring Tonws about the Necessity and Expediency of a New County within the now County of Suffolk, and proper methods to obtain it. Thirdly
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BRAINTREE RECORDS, 1733.
To Grant to the new and Southermost Precinct of the Town (if it be thought fit) the liberty to draw out of the Treasury, their part of the Towns's Rents & Interest, in proportion to what they are Rated, to be by them Improved towards maintaining a school in that Precinct. Fourthly to consider of some proper means to be used for the passage of the Fish, thorow and above the Iron works Damm belonging to M' Thomas Vinton. Lastly to do what shall be thought proper for the Restraint of Rams, and likewise to cure, and for the future prevent the Scab in Sheep &c -and being so assembled they proceed to chuse a moderator, and Coll John Quincy being nominated was voted moderator for that meeting.
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