USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 18
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Comtee : Then Voted, that a Committee be chosen to treat with the neigbouring Town's (Roxbury & Brookline excepted) about the affairs of obtaining a New [13] County within the now Coun- ty of Suffolk, to be a distinct and separate County, and to lay their proceedings therein before the Town at their next meeting. Then Voted, that Mr Joseph Crossbey, Mr. William Hunt, & M' John Hollbrook be a Committee to treat with the neighbouring Towns about the affair abovesaid.
Liberty to the new Precinct to draw money &c Then Voted, That the new-South-Precinct shall have liberty to Draw out of the Town Treasury, so much of the Rents of the Town-land, and the Interest money, their part or proportion thereof, according to what they are rated in the Town Rate, to be Improved towards main- taining a school in that Precinct, and that use only, to be paid as it shall become due.
Comtee : about ye fish Voted, that a Committee be chosen to Treat with Mr Thomas Vinton and the other persons who are in- terested in the Dam and Stream at the Iron works about the affair of obtaining a passage for the Fish, thorow the said Dam. Then Voted, that M' Elkanah Wales, Mr John Thayer Jun'. and Mr John Curtis be a Committee for the affair aforesaid.
Then the following order or By Law being drawn up and Read to the Town, It was Voted that the same should be established and stand as an order or By Law for the Town; and that Benjamin Webb the present Town Clerk should present the same to the Honourable His Majesty's Justices of the Peace at the next Gen- eral Sessions of the Peace for their approbation.
At a meeting of the Inhabitants of the Town of Braintree, duly Qualified to vote in Town affairs, on May 21st. 1733, having had Legal warning they agreed upon & made the following order or By Law vizt. Whereas the Inhabitants of this Town have found it greatly prejudicial to their flocks of Sheep, to suffer the Rams to run at large the summer season. For prevention whereof accord- ing to the power given us by Law of the Province made and passed in the fourth year of King Willm. and Queen Mary, Entitled an act for Regulating of Town Ships, choice of Town officers & Set- ing forth their power, wee do agree upon the following order or By Law, vizt.
By Law about Rams That no person or Persons shall suffer his or their Ram or Rams to Run at large within the Bounds of the
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BRAINTREE RECORDS, 1733.
Town of Braintree from the first day of August, to the tenth day of November yearly, on the penalty of Twenty Shillings for every Ram that shall be found so running at large (besides the Cost of Prosecution) to be paid for the use of the poor of the Town, and for the rendering this order more effectual, It is agreed and ordered that every person who shall take up any and secure any Ram or Rams running at large within the Town of Braintree, and prose- cute the owner or owners to effect, shall be paid the sum of Ten Shillings out of the Town Treasury for every Ram so secured.
And whereas it may so happen that the owners of some Rams found going at large, within the time in this order limited, for the restraining Rams going at large may not be known, In such case, the party taking up & securing them, shall cause them to be posted up in three publick places within the Town (one in each precinct) Signifying the marks natural, as also the artificial marks (if any such they have) of such Ram or Rams, and if no owner appears within four days after such publick notice given, every such Ram shall be forfeited, the one half of the full value thereof, to be to the use of the Poor of the Town, and the other half to the Person or Persons that shall take up and secure the same.
[14] May 21st. 1733 Turn back & see Page 12.
Voted, That Stephen Cleverly & Jonathan Baxter be allowed the sum of thirteen Pounds for the Post and Rail fence they have set up on the Town land in their Improvement against the swamp belonging to John Haynes, one half thereof in the Rent of the year past, and the other half out of the year next ensuing, they leaving all the said fence to the Town where it stands, at the end of their · lease.
Then also the following Report was made by the Subscribers, vizt. We the subscribers being requested by a number of the Inhabi- tants in the Southermost Precinct in Braintree to lay out a Town way for their more convenient passing to meeting ; accordingly went and laid out one as followeth. First begining by the house of David Sloane, at the way that leads to Stoughton, Thence upon the line between the land of Col1. Edmund Quincy Esq. and Chris- topher Dyer, 'till we come to an old Cart path, half the said way to be on each mans land, thence thorow said Dyer's Land, and thorow Benjamin Hayward's land as the aforesaid way is now im- proved, thence across a small corner of Benjamin Spear's land on the west side of a great Rock, with a stone upon it, Thence thorow Joseph Spear's land, and thorow Ebenezer Niles's land, and thorow Nathan Niles's land, and thorow Jonathan Hayden's land, as the abovesaid way goes ; thence thorow Samuel Pain's land, across a Small inclosure, as the way hath been improved heretofore, thence thorow Peter Newcomb's land and thorow Samuel Vinton's land, and thorow Samuel Hayden's land, and thorow Lieut. Joseph Neal's land, and thorow Joseph Crossbey's land, as the aforesaid Cartway hath been Improved, and so to the meeting-house, all the aforesaid way to be one Rod & half wide, and to ly open.
Datd. Braintree February 15th. 1732/3. Samuel Baxter.
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BRAINTREE RECORDS, 1733.
Jolın Niles
Richard Thayer. , Selectmen.
The abovesaid Report being read was allowed approved, and accepted by a major vote.
A true entry. » Benjamin Webb Town Clerk.
August 29th 1733.
Moderator. The Free-holders and other Inhabitants of the Town of Braintree duly Qualified, (and having had Legal warning) as- sembled to Transact sundry affairs of the Town, the particulars whereof as they are inserted in the warrants for calling the meeting (on file) are as followeth, vizt. First, To chuse a moderator. Sec- ondly, To Grant money to defrey Town Charges. Thirdly, To re- ceive the Report of the Committee, who were chosen to treat with Mr Thomas Vinton & others in the affair of obtaining a Passage for fish Thorow the Iron works Dam. Fourthly, to consider what may be proper to be done with respect to the stones on the Town's Comon. Fifthly To choose a Committee to settle the way between the land of Mr. Benjamin Ludden and Mr. Nathaniel Thayer &c. and being so assembled & the meeting opened they proceeded and chose Capt. Peter Adams moderator.
Tax. Then voted, that one Hundred and fifty Pounds money shall be assessed on the Polls and Estates of the Inhabitants of the Town, for the defreying the necessary charges of the Town this year.
Report of Committee Next, The Committee chosen to treat with Mr Vinton Presented their Report in writing under their hands (on. file) wherein they expressed M' Vinton's willingness on reasonable Terms to comply with the Desire of the Town about a passage for the fish, Mr. Vinton being present [15] and consenting. Then Voted, that a Committee be chosen to act for the Town in the affair aforesaid.
Committee to agree wth Mr Vinton Then Voted, that Capt. William Hunt, L' Joseph Crossbey, M' Nehemiah Hayden, Mr Richard Thayer, and M' Elkanah Wales (or any three of them be a Committee, to view the place, and to agree with Mr Vinton on such terms as they think Reasonable respecting the Town's Interest & also Mr Vinton's, and to proceed to do what is proper to be done in order to the passage of the Fish.
Forfeit for carrying off stones from ye Comon. Voted, that all and every person or persons who shall carry off any Stone or Stones from the Town's Common, to market or otherwise, without first agreeing with the Committee, hereafter to be chosen to inspect that affair, shall forfeit and pay to the said Committee Twenty Shillings, for every Cart-load so carryed off.
Committee, and their power Then also Voted, That Capt. Peter Adams, Capt. Samuel Baxter L' Joseph Crossbey, M' John Ruggles and Jonathan Hayward Jun' be a Committee (and any three of them a Quorum) and fully Impowered to Inspect and prosecute all & every such Person or Persons in the Law before any Justice
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BRAINTREE RECORDS, 1733-4.
of the Peace, or other Court or Courts of Justice, as shall Digg or carry off any stones from the Town's Common aforesaid without first agreeing with the said Committee.
Price of the stones Then Voted, that the said Committee have full power to agree with any person or Persons, for any quantity of stones, which they desire orderly to carry off, at (not less than) Twelve pence for each Cart-load.
Disposal of ye money pd. Then Voted, that all money that shall be paid by any person or Persons, either as a forfeiture, or by agreement with the said. Committee shall be paid by the Com- mittee into the Town's Treasury for the use of the Town. See Page 18th, article 6th
Committee Settle the way with Ludden & Thayer Voted, That the Selectmen with Benjamin Webb & Deacon Samuel White shall be a Committee to settle the way betwixt the land of M' Benjamin Ludden & Mr Nathaniel Thayer.
The Anniversary Town-Meeting for the choice of Town-officers for the year 1734, on March 4th, 1733/4.
March 4, 1734, Warrant The Freeholders and other Inhabi- tants of the Town of Braintree duly Qualified and Regularly assem- bled for the choice of Town-officers &c and the Transacting other necessary affairs of the Town : the particulars whereof are inserted in the Warrants for calling the said meeting as follows vizt First to chuse a moderator, 2ly To chuse all Town officers, required by Law to be annually Chosen 3ly To consider of and Determine whether any thing shall be allowed by the Town and paid to Such as shall keep any Bulls or Boars for the Town's use ; and whether they will allow anything for the killing of Black-birds or Squirrels ; 4ly to consider whether it may not be proper & expedient to seek to the Town of Stoughton for their consent that a certain Tract of Land Situate in the South East part of said Town be set off and added to the Township of Braintree, 5ly To do something effectually to prevent encroachments on the Town's Common, and lastly, To chuse a Committee to settle accompts with the Selectmen, and the Town Treasurer.
Moderat. They proceeded (after the opening of the meeting) to chuse a moderator, and Capt Peter Adams being nominated, was chose (by a major vote) moderator for that meeting.
[16] Town Clerk The meeting then proceed to the Choice of a Town Clerk, and the votes being brought in & Collected it appeared that Benjamin Webb was Chosen Town Clerk, who ac- cordingly accepted.
Selectmen. The number in each Precinct They next proceeded to the choice of Selectmen, and the votes being brought in & ex- amined, it appeared that Capt William Hunt, Dec : Samuel Savel, Mr. Richard Thayer, Lt. Samuel Hayden & Ensign John Adams, were chosen Selectmen by a majority of votes, this after a previous vote that ther should be Two chosen in the North Precinct, Two in the middle, and one in the Southermost precinct.
Constables. John Hayden, John Hunt & Samuel French M" Quincy & Ebr & Jo Thayer refusing John Hayden since refused
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BRAINTREE RECORDS, 1734.
& paid his fine. Next, they proceeded to the Choice of Consta- bles, and the votes being brought in and Collected It appeared that M' Josiah Quincy, John Hayden & Ebenezer Thayer were chosen Constables, but M' Josiah Quincy refused to serve and paid his fine down, being five Pounds, Ebenezer Thayer also de- clared his refusal. The meeting then proceeded to the choice of Two more, and by a Major vote John Hunt & John Thayer Tertius were chosen ; but John Thayer declaring his Refusal, they pro- ceeded to vote for one Constable, and Samuel French was chosen and accepted, after which the said John Thayer paid his five Pounds &c.
Treasurer. Next, they proceeded to the choice of a Town Treasurer, and Benjamin Webb being nominated was chosen by a vote of the Hand.
August 10, 1734.
Ebenezer Thayer paid his five Pounds &c They then proceeded to the choice of other Town-officers and the following persons, being first nominated were chosen to their respective offices as follows.
Surveyors, of High-ways To the office of Surveyors of High- ways were chosen Joseph Neal Secundus, Joseph Owen, Gregory Baxter, Jonathan Hayward Jun'. Ephraim Thayer Jun'. Josiah French, Joseph Wales & Ebenezer Niles.
Tithing Men To the office of Tithing men were chosen Moses Pain Jun. Seth Bass, Caleb Hobart, Seth Copeland & Ebenezer Copeland.
Fenceviewers To that of Fence-viewers were chosen Stephen Cleverly, Peter Adams Jun. John Bowditch, John Hobart, & Jonathan Clark.
Hogreves. To that of Hogreeves were chosen, Joseph Neal Junr. James Brackett John George, Nathaniel Blancher Jun". Elias Trask, John Ludden, John Allen Jun'. and Nathanael French.
Surveyors of Timber Clapboards &c To that of Surveyor of Timber, Plank, Clapboards & Shingles were chosen, Ebenezer Field, Isaac Newcomb, & Samuel Belcher.
To that of Sealer of Leather John Beal.
No Bulls or Boars, allowed The Question was then put by the moderator to the meeting whether they would allow anything for the keeping of Bulls for the Town's use and it passed in the nega- tive ; and likewise whether they would allow for the keeping of Boars, & after some Debate thereon, it passed in the negative :
Birds. Then Voted, That whosoever of the Inhabitants of this Town shall kill any grown Black-birds, within the Town, before the last day of May, and bring their heads to one or more of the Selectmen in that time, shall be paid out of the Town Treasury Three pence for each bird ; & likewise for each young one they shall kill and bring as aforesaid, they shall be paid a half penny for each ; and from the last of May to the last of November one penny a head for all grown Black-birds brought as aforesaid.
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BRAINTREE RECORDS, 1734.
Squirrels Voted, also that whoever of this Town shall kill any sort of squirrels at any time of year, and bring their heads to one or more of the Select men, shall be paid out of the Treasury Three pence for each head.
[17] Memorial to Sto'ton Voted Voted, That a memorial be prefer'd to the Town of Stoughton for their consent that a Cer- tain Tract of Land, situate in the South East part of that Town, be set off and added to the Town of Braintree, and further that Deacon Thomas Wales, Mr Richard Thayer, and Ens. John Adams be a Committee with respect to the affair aforesaid.
The matter of encroachments adjourned Then Voted. that the affair of the Town's Common, respecting encroachments. be ad- journed to the next Town meeting.
M' Niles memorial adjourned to May A memorial of the Rev- erend M' Samuel Niles being read, the consideration thereof (it being about a Townway) was voted to be refer'd & adjourned to the Town meeting, that shall be in May next.
Comtee to just accompts with Select. men & Treasurer Voted, That Deacon Samuel White, Mr. John Bass, & Capt. Peter Adams be a Committee to Just accompts, with the Selectmen & the Treas- urer of the Town.
Voted to B. W. six Pounds Then Voted, that six Pounds be paid out of the Treasury to Benjamin Webb for his Service the last year as Town Clerk & Treasurer.
April 15th. 1734.
Moderator. The Free-holders and other Inhabitants of the Town of Braintree duly Qualified to vote in Town-affairs (being Legally warned) assembled to Transact some affairs of the Town, the par- ticulars whereof as in the warrant (on file) are. First, To Chuse a Moderator. Secondly, To Chuse one Constable in the Room of John Hayden, who was chosen the fouth day of March last, but refused to take the Oath. Thirdly, To see if the Town will re- consider their vote, passed on the May 21st. 1733, wherein and whereby they allowed & approved of a Town-way, laid out by the Selectmen (the return whereof was then made) leading from the house of David Sloan to the meeting-house, and the meeting being opened, they proceeded, and Chose Capt. William Hunt modera- tor.
Constable. Next, they proceeded to the choice of a Constable, and the votes being brought in and examined, it appeared, that Samuel Vinton was chosen, Constable, but he declaring his refusal, the meeting proceeded and chose Benjamin Spear, Constable, after which Samuel Vinton gave a note for five Pounds.
The vote about the way not reconsidered The moderator, then put the Question to the meeting whether they would reconsider their vote passed in May concerning the way mentioned in the warrant, and it passed in the negative.
May 20th. 1734. Representative
Pursuant to the Precept for the Choice of a Representative The
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BRAINTREE RECORDS, 1734.
Free-holders and other Qualified Inhabitants of the Town (being Legally warned) assembled, and the Meeting being opened, they proceed to chuse a Representative, and the votes being brought in & examined it appeared that John Quincy Esq : was Chosen, having all the votes.
On the day abovesaid, The Free-holders, with the other Inhabi- tants Qualified to vote in Town-affairs, met to Transact some other affairs the particulars whereof as they are Inserted in the warrant for calling the meeting, are as follows vizt First, To chuse a moderator. 2ly. To chuse one Constable to serve in the stead of Benjamin Spear, who being chosen the fifteenth of April refused to take the Oath. Thirdly, to order the Raising or assessing such sum or sums of money as shall be necessary for the defreying the necessary charges of the Town this present year. Fourthly, To order the Re-building or repairing of the Bridg over the Iron- works Pond in the Road leading to Weymouth. Fifthly, To Do something further towards a convenient passage for the Fish thorow and above the Iron works Dam, belonging to Mr. Thomas Vinton. Lastly To consider and Determine whether it be not necessary and convenient that such Committees as are employed about the stones in the Town's Common should be under Oath &c. [18] Moderator. And the meeting being opened they pro- ceeded & Chose Capt Peter Adams moderator.
Constable Deering Spear The meeting proceeded to the choice of a Constable. Benjamin Spear appeared and declared that he had agreed with his Brother Deering Spear (& hired him) in case the Town would accept him, to Serve in his Room, and the Question being put by the moderator to the meeting, whether they would accept of Deering Spear to Serve as Constable in the Room of his Brother Benjamin Spear, It passed in the affirmative.
Town Tax £150- Then Voted, That one Hundred & Fifty Pounds be assessed on the Inhabitants of the Town for defreying the necessary Charges of the present year.
Voted, That a Committee be chosen to repair the Bridg over the Iron works Pond, Lieut. Joseph Crossbey, Mr. John Hollbrook, & Mr. Joseph White being separately nominated, were voted to be a Committee to repair the said Bridg, and then Voted that the affair of the Bridge be left to the discretion of the said Committee.
About the Fish Voted, That the Committee last chosen to act in the affair of making a Passage for the Fish to do what is con- venient in that respect, in the best manner they can, and that Lieut. John Hunt & M. Thomas Hollbrook be added to them.
Comtee about ye stones to render act. at six months & upon Oath if required Then Voted, That the Comittee Imployed in the affair of the stones, shall render their accompts to the Town Treasurer at the end of every six months ; and upon Oath if thereto Required. See Page 15th
September 13th. 1734. Moderator.
The Free-holders and other Inhabitants of the Town qualified to vote in Town-affairs (being Legally warned) assembled to Trans
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BRAINTREE RECORDS, 1735.
act some affairs of the Town, the particulars whereof inserted in warrant for calling the meeting, are as follows, vizt. First, To chuse a moderator. 2ly. to Receive the Report of the Committee, that were Employed by the Town to build a Bridg over the Iron work's Pond, and to consider whether it be not necessary to raise money in addition to what hath been already Granted to Defrey the extraordinary charge thereof, and further, to bring in valua- tions to the Selectmen &c. and the meeting being opened, they proceeded and chose Capt. Samuel Baxter moderator.
Committee acct. The Committee then brought in their ac- compts about the charge of the Bridge, in all amounting to Seventy three Pounds & Twelve Shillings, which accompt is put on file.
Accepted. The moderator then put the Question to the meet- ing whether they would accept and allow the said accompt, & It. passed in the affirmative
£40-voted. Then Voted, That Forty Pounds shall be as- sessed on the Inhabitants of the Town (in addition to what money hath been Granted) to Defrey the extraordinary Charge of the Bridg aforesaid.
January 20th. 1734. Moderator Register voted for
Pursuant to a Warrant directed to the Selectmen from Two, of the Justices of the Quorum for the choice of a Register, the late Register being removed by death, the free-holders of the Town assembled (having had Legal warning) and proceeded & Chose Capt Samuel Baxter moderator, after which they brought in their votes for a Register, which were sealed up by John Hunt Consta- ble in order to be returned to the Quarter Sessions &c.
[19] The Anniversary Town-meeting, for the choice of Town- officers, For the year 1735, on March 3ª. 1734/5.
March 3ª. 1735 Warrant
The Free-holders and other Inhabitants of the Town of Brain- tree, duly Qualified and having had Legal warning, assembled for the choice of Town officers, and the Transacting Sundry other affairs of the Town the particulars whereof inserted in the Warrant. for calling Said meeting being as followeth, vizt. First, To chuse a moderator. 2ly To chuse all such Town-officers as are re- quired by Law to be annually chosen 3ly. To consider & Deter- mine whether it be not proper & expedient to Petition the General Court to Grant to this Town something of a consideration, or in Lieu of the four Thousand acres of Land taken from us, and added to the Town of Milton ; and likewise Grant us something Gratis for our having kept a Free Latin School for about ninety years, 4th. To consider whether they will join with the Town of Dorches- ter and others, in Petitioning to be made a Separate County. 5th. To consider whether it be not necessary to raise a Small sum of money to defrey the Charge of Prosecuting in the Law such as carry off the stones & wood from the Town's Comon. 6th. Whether the Town will mend the Highways & Townways by a Rate. 7th. Whether they will allow the Southernmost Precinct.
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BRAINTREE RECORDS, 1735.
their proportion of the money paid towards the maintaining schools, to maintain one amoung themselves. 8th. To Determin whether the way laid out from the Southernmost Meeting-house, to the House in which David Sloan lately Dwel'd, shall be confirmed as a Town-way. 9th. To consider whether they will build a new Pound, and where to set it. Lastly, To consider whether they will allow anything for Bulls, Boars, and for killing Black-birds & Squirrels. See the warrants on file.
Moderator. And being so assembled, the meeting proceeded and Chose Lieut. Joseph Crossbey moderator.
Town Clerk. Next, they proceed to chuse a Town-Clerk, and Benjamin Webb, being nominated was chosen by a major vote.
Selectmen. Next, they proceeded to the choice of Selectmen, and the votes being brought in and examined it appeared that Lieut. Joseph Crossbey, Deacon Thomas Wales, Mr. Richard Thay- er, Capt William Hunt, and Deacon Samuel White were chosen.
Constables Benj" Hayden refused Then the meeting proceeded to the choice of Constables and the votes being brought in & Col- lected, It appeared that Benjamin Hayden, Ebenezer Crane, and Jonathan Clark were Chosen, but Jonathan Clark declaring his refusal, and after agreeing with Deering Spear to serve for him, and the said Spear offering himself to the Town's acceptance, a vote was asked and it passed in the affirmative.
Treasurer. They then proceeded to the choice of Town Treasu- rer, and Benjamin Webb being nominated, was chosen by a major vote
Surveyors of Highways Then the meeting proceeded to the Choice of other Town-officers, and the following persons being nominated, were chosen to their Respective offices as follows, vizt. To the office of Surveyors of Highways were chosen, Joseph White, William Allen, Benjamin Hunt, Joseph White Junr., Samuel Pain, William Copeland, Nathanael Belcher, Lt. Thomas Crossbey, Thom- as Baxter, and David Rawson.
Tithing-men To the office of Tithing-men were chosen Joseph Thayer, Thomas French Jun". Ezekiel Crane, Samuel Curtis & Benjamin Baxter.
Fence Viewers To that of Fence-viewers were chosen John George, Joseph Neal Secundus, Abijah Allen, John Webb, Eben- ezer Niles & Peter Thayer -
Hogreves. To that of Hogreves, were chosen, Samuel White Jr. Eliashib Faxon, Ebenezer Hinckley, Abijah Neal, Benjamin Hayward Junr. Naphthali Thayer, and Benjamin Ruggles.
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