USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 20
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[26] Constable. The Question was then put, whether they would chuse another Constable, in the South Precinct of the Town, considering the circumstances of him that was last chosen there? It passed in the affirmative.
And the votes being brought in & Collected, It appeared that John Nightingal was chosen.
September 14th. 1736.
The Free-holders and other Qualified Inhabitants of the Town, being assembled (on Legal warning) To Transact Some affairs of the Town, the particulars whereof as inserted in ye warrants for calling the said meeting, being, First To chuse a moderator. Sec- ondly To consider as well what has been done already to the pull- ing down the dam, for the passage of the Fish, as what is still to be done by the Comittee chosen for that purpose. Thirdly, To see if the Town will Impower the aforesaid Comittee, to defend in the Law any action or actions that may be brought by, Mr. Thomas Vinton against any person or persons, for the pulling down the Dam, across the Iron works-River, excepting any charge Mr. Vinton shall or may recover of any person or persons, by making
196
BRAINTREE RECORDS, 1736.
out a Riot. Fourthly, To see if the Town will allow the South Precinct, their part of what they pay to the Schools, &c.
Moderator. And being so assembled, they proceeded, First, To chuse a moderator and Mr. Benjamin Neal being nominated was. chosen by a major vote.
Vote Impowering ye Committee to defend &c Then Voted that the Comittee chosen on the twenty third day of august, last, to keep the River at the Iron Works clear of obstructions to ye pas- sage of the Fish, be fully Impowered to defend in the Law any action or actions that may be brought by Mr. Thomas Vinton against any person or persons for the pulling down the Dam across the Iron works River, excepting any charg Mr. Vinton shall or may recover of any person or persons, by making out a Riot.
South Precinct granted their proportion of School money Then also Voted, that the Southi Precinct shall have the liberty to draw out of ye Town Treasury, their proportion of the money paid to the Schools to help maintain one in that Precinct.
October 4th. 1736.
The Free-holders and other Inhabitants of the Town Qualified to vote in Town affairs being assembled (being Legally warned) To Transact affairs of the Town ye particulars whereof, as inserted in the warrant for calling ye meeting, being, First, To chuse a mod- erator. Nextly, To consider and Determine, whether something further may & ought to be done by the Town, with respect to the obtaining a Free passage to the Fish up monatequod (or Iron- works) River, and that according to the proper end (intent or design) thereof, it may be as far as possible or proper, accomodated thorow out to effect &c. and also yet further to consider of what has already been done, as wt still remains to be done in clearing the said River, for the passage of the Fish up the same, and of defending or prosecuting in the Law at any time as may be proper in the case. Further, To see if the Town will chuse another Sur- veyor For Highways, as may be seen more fully in ye warrants on file.
And being so assembled They proceeded, First, to chuse a moderator, And L'. Joseph Crossbey being nominated was chosen by a Major Vote.
Proviss. Then Voted, That three Hundred Pounds in Bills of Credit shall be paid to Mr. Thomas Vinton (as hereafter expressed) in case the said Vinton will give to the Town a good Deed of re- lease or Quitclaim [27] of all Right in the Iron-works River, Provided also That he makes no further demands on the Town, nor prosecutes any person or persons on account of anything already done relating to the pulling down the Dam that lately stood across the sd. River.
Voted yt ye money be pd at 6 months without, or at 12 months wth Interest. Mr. Vinton accepted Voted, also, that the said Three hundred Pounds shall be paid at Six months without Inter- est, or in case it be not paid in that time, all that remains unpaid shall be upon Interest at Six + Cent 'till paid ; and that the whole
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BRAINTREE RECORDS, 1736.
be paid within Twelve months, from this time. Mr. Vinton being present, declared his acceptance of ye Towns offer, and promised to comply with their demands, concerning a Deed of his Right in sd River.
The deed to be made to ye Treasurer & he to give Bond &c Voted, That the Deed beforementioned shall be made to the Town Treasurer for the use of the Town, and that the Treasurer, do give a Bond on the Town's behalf to Mr. Vinton for the payment of the money as before expressed.
Mr. Vinton to take the stuff of ye dam &c Voted, also, that after the Committee for clearing the River have done what they see cause to do about clearing the River Mr. Vinton shall have liberty to take away the remainder of the stuff, at any time at his leisure.
John Hayden Moses French Surveyors. Then, John Hayden & Moses French being nominated were chosen, Surveyors of High- ways.
Nov. 23ª. 1736.
Warrant The Free-holders and other Inhabitants of the Town Qualified to vote in Town affairs, being assembled on Legal warn- ing, to Transact Some affairs of ye Town, the particulars whereof as in the warrant being. First, To chuse a moderator. Secondly to Grant Such Sums of money to be assessed on the Town as shall be thought necessary for defreying the charges of ye Town. Thirdly, To consider and Determine on some effectual way or method for a more equal Improvement of ye Town's Comon, (than hath been heretofore) either by Dividing, Letting : or otherwise disposing thereof as may be seen in ye warrants on file.
Moderator. P. Marquands dissent They proceeded, First, To chuse a moderator, and Deacon Peter Adams being nominated was chosen by a major vote, after which Peter Marquand appeared and declared that he had no warning to the meeting, and therefore desired his dissent might be entered against the meeting and all that might be therein Transacted.
£100'-ordered to pay M' Vinton Then voted that the three hundred Pounds that was voted on June ye seventh last to defrey the Charg of defending the Town's Rights against Mr. Tho®. Vinton in the matters relating to ye Dam &c be improved towards paying said Vinton for his Right in the Iron works River according to his bargain with the Town on October ye 4th. last past.
£200-voted more. Then also Voted, that Two Hundred Pounds shall be assessed on the Town in addition to the hundred Pounds aforesaid and paid to Mr. Vinton in full of the sum of Three Hundred Pounds for his Right in ye River aforesaid, against which votes the persons whose names are here inserted, desire their dissent to be entered, vizt.
Joseph Owen D. Moses Payn. Benjamin Vesey.
William Savel Moses Payn Jun". Moses Penniman
Moses Belcher Secundus
William Field. John Sanders.
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BRAINTREE RECORDS, 1736-7.
Benoni Spear. D. Peteter Adams. Samuel Pain, Clother
William Gilkey Joseph Pray. Samuel Thompson
Ebenezer Crossbey. John Mills
Robert Lemont.
William Vesey.
John Spear younger Eleazer Vesey.
John Hayden. Nathan Bracket. David Rawson.
The moderator then put the Question whether the Town's Comons should be Regulated. It passed in the affirmative.
The question was then put, Whether the Towns Comons should be sold. It passed in the negative.
Then again the question was put whether ye said Comons should be let. It passed in the negative.
[28] Anno Domini, 1737. The Anniversary Town Meeting, For the choice of Town Officers for the year 1737
March 7th. 1736/7
Warrants. The Free-holders and others Inhabitants of the Town of Braintree, duly qualified, and having bad Legal Warning, assembled, for the Choice of Town Officers, and Transacting Sundry other affaires of ye Town, ye particulars Whereof Inserted in ye Warrants for Calling ye said Meeting being as Follows. First, to Choose a Moderator. Secondly, To Choose All Such Town officers as are by Law required to be annually Chosen. Thirdly To Choose a Committee (pursuant to sundry Acts and Votes of ye Town) To prosecute in ye Law all such persons as shall Digg, or Carry off any stons from The Towns Common. Fourthly To consider and Determine Whether the Town's Common May or shall be Leased, Divided or Stinted. Fifthly, To Deter- mine some proper way or method, For improving ye Fish yt May come up into ye Iron Works River for ye publick benefit and ad- vantage of ye Town. And Lastly, To consider of some suitable method of encouragt. For such as shall be inclind. to keep any Bulls or boars For ye Towns use, ye Want Whereof has been greatly to ye Damage of ye Town &c.
Moderator. And being assembled They proceeded to Choose a Moderator, L. Joseph Crossbey being nominated was Chose - by the maj" vote
Clerk, & then sworn They then next proceeded to Choose a Clerk, (It being moved whether to Choose ye Clerk by Nomina- tion, or by Writing) The Question was put put Whether ye Clerk should be chosen By Writen Votes & it passed in ye affirmative, and ye votes being brought in & examined it appeared yt Richard Faxon was Chose Clerk.
Proceeded to choose Constables. Bowditch accd. Constables Chose Seth Bass Refusd And then proceeded to ye Choice of, Constables. The votes being Brought in for Constables & being Collected, John Bowditch, Seth Bass & Jonathan Hayden were chose - but Seth Bass Refused, and Jonathan Hayden not being there his mind Could not be known. ye meeting proceeded to choose an other Constable, & ye votes being brought in & ex- amined it appeared y' Ebenezer Adams was chosen.
April 28th. Jonath" Hayden gave obligation For £5 - Adams
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BRAINTREE RECORDS, 1736-7.
Accepd. Selectmen. And then proceeded to ye Choice of Select- men & ye votes being [29] Collected it appeared yt Dea" Samuel White, Lieut. Joseph Crossbey, Moses Belcher, John Hollbrook & Dea Thoms. Wales, were Chosen Selectmen.
Treasurer. Surveyors of Highways And then proceeded to Choose a Treasurer, it being debated whether whether to Choose by Nomination or by writing, proceeded to choose by written votes, ye votes being brougt in & examined it appeared yt Rich- ard Faxon was chosen Treasurer by Majority of votes. & pro- ceeded to Choose Surveyors of Highways, were chosen Lieut. Thom8. Crossbey, Sam". Cleverly, David Bass, Nathaniel Belcher, Lieut. John Hunt, Seth Copeland, Wm. Peniman Nathaniel Thayer jun". Sam11. Vinton & Joseph White Jun".
Tithing men. Fence viewers. To yt of Tithingman, were chosen Samuel Ruggles, Wm. Field, Christopher Thayer, Moses French & Isaac Doged. To yt of fence viewers, were Chosen Simon Crossby, Thomas Allen, Josiah French, John Allen Jun. John Clark.
Hogreves. To yt of Hogreves were chosen Ezekiel Crayn, Moses Belcher Junr. Eph™ Jones Micajah Allen Isaiah Thayer, Dependence French, (son of John) Daniel Niles.
Surveyors of Timber & To yt of Surveyor of Timber were chosen Capt Wm Hunt & Sert. Sam1. Belcher.
Sealer of Leather To yt of Sealer of Leather, Cop. John Beal Surveyor of Flax. To yt of Surveyor of flax Ens. John Adams,
Note this debate Previous to them To ye choice by nomination These last viz, Surveyors of highways, Tithingmen, Fence-Viewers, Surveyors of Timber, Sealer of Leather & Surveyor of Flax &c were all voted for by hand on nomination, The question being then put, whether these should be voted by hand votes & after some debate proceeded by nominations.
Swine at large. Stones dismissed at Present And then it was moved to ye Meeting whether swine should Run at large, ye ques- tion was put whether swine should Run at Large & it passed in ye affirmative, and then debated upon ye clause of prosecuting per- sons yt should Digg or carry off stons from ye Towns Common, and after some debate, Dismist for ye present to further Consid- eration By this Meeting.
Committees return not accepted The Meeting then went upon ye return of ye Committee yt were chosen to setle ye way (contro- verted) between Ludden & Thayer (See page 15th) The question being put whether the Return of ye said Committee shall be ac- cepted (That has been now read) & it past in ye negative.
Allowance Bulls & boars voted affirmative The Meeting then went upon yt of Bulls & boars, the question was put whether there should be allowance for Bulls & Boars & it past in ye affirmative. ye question was then put whether six Bulls shall be allowed in ye Several Parts of this Town, and it past in ye affirmative.
4 Boars allowed. [30] The question was also put whether four Boars shall be allowed For ye Town's use & it past in ye Affirmative.
Bulls to be approvd. of by Selectmen pastured 4 to run at large 2 The question was then put whether Thirty Shills -shall be
200
BRAINTREE RECORDS, 1736-7.
allowed per piece for the number of four Bulls yt that shall be kept in pasture (And approved of by ye Selectmen, and it passed in ye affirmative
For ye Enterry See ye Old Book & towards ye latter end. Also voted Twenty Shills. per piece for ye number of two Bulls to rune at Large, The allowance also to be paid out of ye Town Treasury. then also Voted yt Fifteen Shills. per piece for ye number of four good sufficient boars (yt shall be approved of by ye Selectmen, The allowance also to be paid out of ye Town Treasury.
The meeting Went upon ye choice of a County Treasurer, ye votes being Brought in Were Sealed up in order to be sent to ye Sessions &c.
And then ye Moderator with ye Consent of ye Meeting adjourned to ye 8th. of this Instant, March at one of ye Clock In ye affternoon.
March 8th 1736/7
Seth Bass, paid £5 - Seth Bass paid his (fine) five pounds to Mr. Benjamin Webb, Treasurer &c.
The Free-holders & other (Inhabitants met by adjournment.
Stons. Common. The meeting then proceeded To consider ye matter of prosecuting Persons yt shall digg or Carry off stons from ye Town's Common, and after some debate, ye question was put Whether all such Persons as shall as aforesd digg or Carry off any Stons from The Town's Common shall be prosecuted in ye law, & it past in the negative
Whether it may be Leased. The Question was then put Whether ye Town's Common shall be Leased & it past in ye negative.
Divided or Stinted. The Question was then put Whether ye Common shall be Divided, and it past in ye negative.
And ye Question was then put Whether ye Common shall be Stinted, and it past in ye negative
Fish, Care of them by a Committee Committee chosen to See about Leting Fish Fish leting. And Then proceeded to yt of Fish. And after some debate Thereon, ye Question was put whether a Committee should be chosen to take care about ye Fish that may come up in ye Iron Work's River, if such Quantities shall come up as that it might be proper to Let a parte of ye priviledge thereof To some persons (if any shall present &c) yt ye profit may be brought into ye Town's Stock & improved for some public use, it being objected yt it was not a vote, but by Dividing and Counting poles (it plainly) appeared to be in ye affirmative. Then Voted a Committee viz. Chosen (Sergt.) John Thayer Moses Belcher, (Sergt.) Sam11. Belcher, David Bass, Dea. Elkanah Wales, & John Curtis, ye sd Com [31] mittee above named to Observe as Follows, (ie.) that they take care to see what plenty of Fish shall come up, and yt they treat with some persons (if any present) about taking the priviledge of ye Fish In ye Iron works River as aforesaid and make Report to the Town at theire Next Meeting. The above said Committee being all severally put.
Liberty for ye Inhabitants to Catch Fish Voted, that ye Inhab-
201
BRAINTREE RECORDS, 1737.
itants of ye Town be not debard ye liberty of catching Fish for theire families use.
Committee to adjust accompts with ye Treasurer. The Question was put Whether ye Honble. John Quincy Esq. Lieut. Joseph Crosbey & William Penniman be a Committee to Setle (and) ad- just accompts with ye Town Treasurer Mr. Webb and make Report, to the Town at theire next Meeting, and it past in the affirmative
April 28th. 1737.
Jonath" Hayden. Obligd for £5/ Jonathan Hayden, Who was chosen to ye office of Constable on ye Anniversary Meeting See page 28 he not being at ye above said meeting &c. the Day above said gave in obligation for five pounds, Which is also noted in ye Marg™ of page 28 towards ye bottom.
A privat Way laid out for Maj' Varssal through Mr. Beales land. We the Subscribers having had application made to us by Leonard Vassal Esq. to lay him out a private Drift Way through the land of Mr John Beal, from the Country Roade to his said Leonard Vassals Land, We upon going on the spot Did find it necessary that there be a private way layd out in order to the Improvement of the aforesaid Trackt of land, and have accordingly laid out a pri- vate way of One Rode & half Wide, from the Country Roade to the said piece of land, The said way being laid out adjoyning to Seth Bass® land & the Dividing line between the way & the said Mr. Beals other land to be A parralal line With that on the other side, the said Way between Mr. Bass.
Braintrey Novr : 12th 1736.
Joseph Crossbey Sam11. White Select- men.
Richard Thayer John Holbrook
P.S. Farther We are of opinion that ye above said Way through Mr. Beals land is Eight pounds Damage to said Beals & if M. Beals be obliged to make half fence, then we think the Damage will be Ten pounds.
A True Entery of ye Original + Richard Faxon, Clerk.
[32] May 16th. 1737
May, 16th. 1737. Representative. Pursuant to the Precept for the choice of Representative, The Free-holders and other qualified Inhabitants of the Town (Having had Legal Warning) assembled, and the meeting being opened, They proceeded to the choice of a Representative (The motion Being first made Whether the Town Would chuse two representatives) The Question was then put to the Meeting Whether two representatives shall be chosen (by ye town at this time for to serve sd Town) as representatives, For the present year, and it past in the negative. The votes being Collected and Examined it appeared that the Honble. John Quincy Esq. was chosen by a majority of ye vot®.
Warrants On the same day the Free-holders and other quali- fied Inhabitants of the Town, assembled to transact some other business or affairs of the Town, the particulars whereof as they are
202
BRAINTREE RECORDS, 1737.
inserted in the warrants being as followeth, viz 2ly, To chuse a Moderator, 31y To Consider of raising money to Defrey ye necessary Charges of ye Town for ye preasent year, 4th. to receive ye Report of the Committee (Chose last march) yt were to setle & adjust accompts with the Former Treasurer, 5ly, To Consider of Building a bridge over Smelt Brook, 6ly, To consider Whether ye schools shall be continued as they have been formerly or in any other method, 7ly, To consider of choosing a Constable in the South Precinct of said Town as also of chusing hogrieves there in case those chosen last March faile &c Lastly To Consider Whether some effectual Method and care shall be taken to prevent ye un- reasonable carriing off of Stones from ye Town's Commons.
Moderator. And being assembled, Proceeded to Chuse a Mod- erator, and the Honble. John Quincy being nominated was chose Moderator, and then next went upon the reporte of the Committee chosen as above sd To adjust accompts with ye former Treasurer. The said Committee reporte being then read (and accepted)
The Comttees . reporte read & accepted, as also the former Treasurers accts So far as paid, signed by ye moderator, yt some orders were yet to pay - acct. where the Enteries may be found that relate. Voted, an acceptance of the sd Committees reporte, and the accompts of the former Treasurer then exhibited and { by M' Webb late Treasurer, Examined by ye Committee May 9th. 1737; (and also the accompt of money belonging to the Town at Interest &c.) and a Discharge to sd late Treasurer Webb) See the said Committees re- porte with said accompts on file & as they are also entered on the back side of page 58 viz ye Credit side against 57 and also see pages 58 & partly 59 of the Treasurers Book of accompts of said Town &c. and then the sd late Treasurer moved to be allowed for . his services For the year past and to this day viz to be allowed twelve Pounds, and it was put to vote, but past in the negative.
[33] 1737 May 16th.
The late Treasurers allowance £10-0-0 The Moderator after some Debate in the Meeting on ye same, and on M' Webbs request, Tried a Vote at Eleven Pounds, but It also passed in the negative. And the Question was put Whether Ten pounds shall be paid out of the Town Treasury to said late Treasurer Webb for his services as Clerk & Treasurer as aforesaid, and it past in the affirmative.
£120- pounds. To be assesd £120- And then Voted, That One Hundred and Twenty pounds be assessed on the Town Towards Defreying the necessary Charges thereof For the year Ensuing, or present year.
Schools regulated by ye Selectmen. The Meeting y" Went upon ye regulation of Schools, nextly and after some debate, The question was put Whether the school in the middle precinct shall be moved for the benefit of the Inhabitants and that, that be reg- ulated by the Selectmen, For this present year, and it past in the affirmative.
Constables May 25 gave his note fr £5 - And then proceeded to Chuse a Constable &c The votes being Brought in & Examined
203
BRAINTREE RECORDS, 1737.
and Sergt. Joseph Wales (of ye South Precinct) was Chose Con- stable, but he not being there his mind could not be known, (Note, here was a blank space left & this enterd. w" he came &c/May 25th. came & refused to serve as Constable.
The Building a bridge over smelt Brook considered. Selectmen Directed. And then proceeded to Consider the Matter of Build- ing a Bridge over Smelt Brook, and after some considerable Debate The Moderator proposed to the Meeting whether the Select- men of Braintree shall be ordered and Directed by the Consent & Direction of the Town now convened to propose to the Selectmen of the town of Weymouth that if they will agree to build a Cart- bridge Where the Cart Way now goes, across sd brook and that if the Town of Weymouth will agree and Conclude With the Town of Braintree (either) by their Selectmen (or other Committee that they may have already or may in some convenient time chuse and appoint thereto) that is to say if the Town of Weymouth afore sd shall agree & conclude with the Town of Braintree as aforesd. that they will Joyn with us in building a Carte Bridge over Smelt brook in the Commonly Improved Carte way, and that they will build and Compleat one half parte (or yt parte next to them so farr as the Line) in full proportion, that then the Selectmen of Braintree Joyn with them and make and doe our parte in such proportion on this or the Northing side next us in proper propor- tion, To said line (but otherwise not) put to vote & It passed in the affirmative.
The matter of Stones Dismist without vote Juries lists Read. The matter of Stones debated and dismist to further consideration, without vote, thereon, and then the list of names ordered By ye General Court, and prepared, accords to sd order, read & past without acting against it.
[34] The Committee Return or Reporte. We the Subscribers being a Committee chosen in March last, to adjust Accompts With the late Town Treasurer M' Benjamin Webb ; upon examination of the acct find that since his last accoumpts presented on the 20th. of May, 1729, and accepted by the Town, He has charged him- self (Inclusive of the Ballance of his former accompt) with the sum of £2746 = 198 = 11ª, and has Discharged himself by orders paid the sum of £2297 = 118 = 9ª Which being deducted from the said sum of £2746 = 19$ =11ª there remains due to the Town £449 = 88 = 2ª which sum is Due from the Constables and others according to the list here with exhibited and for which Richard Faxon the present Treasurer will be accountable.
Braintree May 9th. 1737.
John Quincy Joseph Crosbey. William Penniman Comtee.
The above entered reporte accepted as aforesaid
Note, when this was offered the modr. There with signified to ye meet" y' some Ordrs. were yet unpaid & to be paid By the new Treas- urer.
In Town Meeting ye above Reporte (Braintree May 16th.
204
BRAINTREE RECORDS, 1737.
1737, Then Publickly Read and Accepted the list above mentioned (as aforesaid) also Read & Accepted Which are Both Entered In the Treasurers Book of Accompts, for the use of the Town. See there, viz Pages 58 & partly 59 wt ye back side of page 58.
A True Entery of the Original as above.
Entered. May 19th. 1737. y Richard Faxon, Cler.
August 16th. 1737. Warrants.
Warrants. The Free-holders and ye other Inhabitants of ye Town (Being Legally warned) assembled To Transact some af- fairs of ye sd. Town, The perticulars Whereof (as they are inserted in ye Warrants, On file) for calling ye Meeting, Being as followeth, Viz. First, To bring in True Lists or Accounts of theire Polls and ratable Estats, in Order to theire being assessed To ye Publick Taxes of ye present year. Secly. To Chuse a Constable. Thirdly, To consider of [35] Chusing a Committee To Prosecute all Tress- passer or Tresspassors on ye Town's Commons, according to a late Act of this Province &c.
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