USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 21
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Moderator. And being so assembled, proceeded to Chuse a Moderator & Lt. Joseph Crosbey, being Nominated Was chosen by vote.
Constable. And then ye Moderator With ye Consent of ye Meeting proceeded, To call for Votes for a Constable, ye votes being brought in and Collected it appeared yt Wm Copeland was chose to ye sª Office.
Committee. & Nextly proceeding to see if a Committee should Be chosen to prosecute all Tresspasses or Tresspassors on the Towns Common &c. ye Question Was put, but past in ye Negative (Note yt this vot was before ye late Act of ye province was read in Said Meeting (it not then being come,) ye sd Act being come & read. In ye Meeting afterwards the Modr. put ye question Whether the above sd Vote about prosecuting (all persons' (or) Tresspasses, or Trespassors on the Towns Common &c (And it past in the Negative, as above sd) should Be Reconsidered, yo question being again put as aforesd and It past in ye affirmative (being confirmed by counting ye Pols) and then after some Debate Dismist ye meeting.
Novembr 23ª 1737.
Warrants. Amos Stutson Chose Constbl. Declard his, Acceptce. The Free-holders and other Inhabitants of the Town (Being legally warned) and assembled To Transact some affairs of the sª Town, The perticulars Whereof (as they are inserted in The Warrants on file) for calling ye meeting, Being as followeth, First to chuse a Constable Secondly, To see if the Town will agree that each precinct shall have the Disposing of ye Money that shall arise at any Time, by any Fine or fines that shall be paid by any person or persons, Chosen to the office of a Constable in each precinct Respectively, and also to see if the Town Will remitte any part of the Constables fines that paid (or are to pay) In the South precinct this present year. Thirdly To see if ye Town
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BRAINTREE RECORDS, 1737.
will let any of ye Stones be carried of off their Commons lands, and if they will, Then, Fourthly, To see what Duty there shall be laid on each Boat load (That shall be carried &c. Fifthly, To Chuse a committee To prosecute in ye law all and every person and persons that hath already or that hereafter shall presume to carry off any Stones of off The sd Town's Commons without [36] Paying ye Duty yt ye Town shall see cause to lay on ye sª Stones, and then Deac. White, Sam11. was nominated and then also by vote chosen Moderator, The Meeting Then proceeded and went upon the choice of a Constable. The votes being Collected and exam- ined, It appeared yt Amos Stetson was chosen to the said office of a Constable (who after Wards) in sd Meeting Declared His accept- ance.
Some of the Inhabitants of ye South Precinct in this Meeting Movd yt as sundry fines had been paid this year by (them or) some of them (& as they were yet like to be at a loss &c) yt ye Const11. yt (might or) was now chose might have some allowance. The meeting then proceeded to consider of an allowance to the Con- stables (as set forth In the Warrants (as also of each Precinct Disposing of the fines, Vizt. of their having such liberty) and after some Debate thereon, The Question was put (by The Mod".) Whether such Constable as should serve in the office of Constable in ye South Precincts of this Town this present year, Should be allowed three Pounds out of the Treasury of sd Town (for the Rea- sons that have been offered by some of their Inhabitants & others viz. ye Selectmen (see ye margin) Provided he be Chosen and ac- cepted) by the Town, and it passed in the affirmative.
Dea. White reporting ye difficulty at this time yt ye Selectmen were at as a Committee & return ye lists And then the meeting went upon the Debate of Choosing a committee (to &c
Voted yt a Comttee be chosen The Moderator then put ye ques- tion, Whether a Committee shall be chosen to prosecute in the law (according To a late Act of the Gen11. Courte, for this Prov- ince &c) all persons that have or shall presume To carry off stones From the Towns Commons (or any other Tresspasses &c) and it passed in the affirmative.
Duty on ye Stons to be set by ye Comttee The Moderator then moved it to the consideration of the meeting Whether a Duty Should be layed upon each Boat load of Stones that (have or) shall be carried off of ye sd Towns Commons, and after some Debate there- on The Question was put, whether ye Duty (or price) of Each boat load of Stones (That all ready have been or) y Hereafter may or shall be carried off the sd. commons Between this and our next March Meeting) by their Leave, shall be set, and fixed, and De- manded (in behalf of the sd Town) by the committee hereafter Named & they Making Reporte to the sd next March Meeting, of their Proceedings (and Receipts) they having regard [37] to the aforesd act in their proceedings) and, it passed in the Affirmative.
The Committee Chosen The Committee Chosen for the present Management of the afore sd affairs Were (Mes's.) John Hunt
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BRAINTREE RECORDS, 1738.
(Alias L'.) Moses Belcher, secundus and William Penniman, being all separatly voted.
1737/8 Feb. 27th Warrant
The Free holders and other Inhabitants of the Town of Braintree Being assembled on Legal Warning (By Virtue of a Warrant from Benja Dyer Esqr. &c) The ocasion as therein Inserted was as follows. Suffk. ss. Weymouth Feby. 16 day 1737. A request Being Made to Me ye Subscriber one of his Majes. Justices peace for ye County of Suffolk, By Wn Peneman, Zachariah Thayer John Webb, Moses Belcher, John Hunt, John Spear, Richard Brackett, Nath1. Thayer, Joseph Brackett, Nath1. Spear all of Braintree, for a Warrant for a Town Meeting, they assearting under ther hands that they have Made Application to ye Select Men of ye Town of Braintree for a Town Meeting and to put in sd Warrant such arti- cles as they Desired, and the Select Men unreasonably Denyd them. Suffolk ss. Feb ye 16 day 1737 To ye Constables of Brain- tree or either of them Greeting. In his Majes Name you are re- quired Fourth with to Warn all ye freeholders & other Inhabitants of the sd Town of Braintree in ye County afore sd that are Qualified to Vote in Town affairs according to law to Meet at ye old North Meeting-house in Braintree afore sd on Monday ye 27 day of this Instant Feby at ten of ye clock in ye Forenoon then and there to chuse a Modr. also to reconsider some Vots that were past at our last Meeting Contrary To law, also to see if ye Town Will pass any vote or Votes That ye Common in sd Town shall be Improved as it hath Been in time past ; Notwithstanding any law to ye contra- ry. And if they do not pass yt Vote then to Choose a Committee To prosecute any person or persons yt shall digg or Carry of Stones or Wood of ye sd Common or any other Tresspasser, also to grant a Sum of Money to pay ye sª Comttee Charges, also to say what Duty Each Man shall pay for a boat load for Digging or Car- ring of Stones or Wood Without leave from The sd Comttee if there one chosen. You are Directed to Make and return th sº Warrant With your Doings unto John Hunt Junr. one of ye peties at or be- fore ye time of opening ye sª Meeting. Given under my hand at Weymouth, The 16 day of Feb 1737 Benja Dyar Justice peace.
The meet-opend and Dea Sam" White was nominated & voted Modr., Then procedd and Debatd. on ye Warrants & after some Debate thereon Dismist ye Meeting.
[38] Anno Dom. 1738. The Anniversary Town Meeting for the Choice of Town Officers, for ye year 1738. March 6th 1737/8
Moderator The Freeholders and other Qualified Inhabitants of ye Town Being assembled on Legal Warning for the choice of Town officers, and the Transacting sundry other affairs of the Town, the perticulars whereof as they are Inserted in ye Warrants for Call- ing ye sd Meeting Being as Follows. First To chuse all such Town officers as are by law Required &c. Secondly, Consider of an allowance for Bulls & Boars. Thirdly To consider of Chusing a
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BRAINTREE RECORDS, 1738.
Committee to Rent School (or Town) Lands and to manage ye affairs on ye Towns behalf as they shall Be Impowered by the sd Town. Fourthly, To consider of Raising Money to Discharge the Debts of the sd Town, as may be Judged Necessary. Fifthly, To consider of an allowance for killing black birds and ground squir- rels. Then being assembled they proceeded to Chuse a Moderator and Lieut. Joseph Crosbey being Nominated was chosen Modera- tor.
Clerk. And then proceeded to Chuse a Clerk. Voted Richard Faxon Clerk
French Curtis & Baxter Chose Constables, who all refusd to serve. The motion being made, the Modr. then proposed and put to vote Whether, three Constables should be Chosen For ye Service of that office in ye Town this present year, vizt one In each pre- cinct and it passed in the affirmative. The Votes being Called for and Collected - it appeared yt Allexander French, John Curtis and Jonathan Baxter were Chose, Who after a little consideration all refusd. vizt. all of them declared their refusal and then ye Votes were again Calld for for Constables and when Collected it appeared that William Wild was Chosen who also Declard his refus11.
Selectmen. It was then Movd. to know the Minds of the Meet- ing (or Town) Whether three or five Select Men should be Chose To Serve the Town for this year, and after some Debate thereon it was put to Vote Whether five Select Men should be Chose for the Town for this year, And it passed in ye affirmative, (though objected against as a Vote by some,) But was confirmed by count- ing [39] Polls. The Moderator then Called for their Votes for Select Men and when ye Votes Were Collected it appeared That Dea. Sam" White, Lieut. Joseph Crosbey, John Holbrook, Moses Belcher and Dea. Thomas Wales, were Chosen Selectmen.
Treasurer Richard Faxon being nominated was Voted Treas- urer.
In the North (Precinct) Was nominated and chosen Surveyors of Highways Vizt. Moses Belcher, Benja Baxter & Peter Adams Junr. and Ezekiel Crain.
In the Middle (precinct) Sergt.) John Thayer, Abijah Allen, Thomas Hollis, and Mr. Sam" Niles Jun". For ye South (Pre- cinct) Thomas French secundus, Napthalie Thayer, and John Hay- den
Tything Men. In ye North parte Sam" Adams and John Bass.
In ye Middle part Josiah French and William Allen.
In ye South part, Benja" Hayward.
Fenceviewers for ye North part John Spear & John Beale Jun'. for ye Middle part, Caleb Hobart & Samuell White Jun".
for ye South part, Peter Thayer and Isaac Allen.
Hogrieves for ye North part Sam" Peneman and John Sanders. for ye Middle part, Thomas Vinton jun'. and Eleazer Thayer.
for ye South part, John Nightingall and Eliakim Thayer.
Surveyors of Timber &c Capt. William Hunt, and (Sergt. ) Sam- uel Belcher, Surveyors of Timber & Shingles.
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BRAINTREE RECORDS, 1738.
Surveyor of flax &c. For Surveyor of Flax & hemp, Ens" John Adams.
Sealer of Leather, Corp John Beale, for Sealer of Leather.
Bulls allowed To be regulated as last year Allowance for Boars.
The Motion being then made about proceeding on affair of Bulls the question was then put Whether there should be the same num- ber of Bulls, allowed for ye Service of the Town, this present year, (and to be under the same regulation that ye Town agreed on ye last year & it passd. in ye Affirmative. It vizt. yº Vote was objectª against by some persons) But was confirmed By Counting poles. The question was then put Whether Boars to ye same numb", allowance & regulation should Be allowed this year, as there was last year, and it passed in ye Affirmative.
A Committee Chose Then next proceeded, viz ye Meeting pro- ceeded to consider of chusing a Committee to rent or lease out yº School (or Town lands) The Question was then put Whether Lieut. Joseph Crosbey, Dea" Samuel White, Capt. Wm. Hunt, (Sergt) Richard Thayer, and Moses Belcher, be a Committee in behalf of the Town to let or lease out all the School (or Town) [40] lands, and it passed in ye affirmative, They being all seperately nominated and were also Seperately Voted.
Sd. Committees Instructions Voted also that the said Land shall be Leased out For the Term of Seven years, from the first Day of This Instant March, & no longer, and further the Disposion in the manner of Improvement and all things properly relating To be left to the Discretion of the sd Committee (they ordering the rents of sd land Into the sd Town Treasury, yearly.
Allowance for black birds and ground Squirrels And then pro- ceeded To consider of an allowance for Black birds and ground squirrels. The queston being put, Voted, that whosoever of this Town shall kill any old black Birds or ground Squirrels from hence untill the last of June next shall be allowed out of the Treasury three pence per head for so many as they shall bring in to the Selectmen, and one penny per head for young ones brought in as aforesd, and one penny per head for sd heads so Brought into ye Selectmen from ye sd last of June next ensuing until Mickelmas or the last of September next.
Sª Cleverly & Webb accepted Sylvester after wards, Refused & gave No obligation for five pounds he not being sighted to take the oath. And then proceeded To the choice of Constables, those Before chose having Refused to serve. The votes for Constables being called for and when Collected and examined it appeared that Stephen Cleverly, John Webb and Benja Silvester were chosen, But sd Silvester not being at the Meeting his mind Coud not be known.
1738 May 18th.
Co11 Quincy Chosen a Representve. Pursuant to the preceipts for the choice of a Representative or Representatives, The Free holders and other Inhabitants of ye Town of Braintree, (Having had Legal Warning) Being Assembled and ye Meeting being
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BRAINTREE RECORDS, 1738.
opened, Then proceeded to chuse a Representative, the votes being Collected and examined, It appeared that Coll. John Quincy Was chosen by ye Majority of ye Votes.
And there being also the said Day above sd a Meeting Warned to Transact some other affaires of the sd Town, The perticulars Whereof as they are Inserted in the Warrants, Being as followeth, (First, to consider [41] of Raising of such Sum or Sums of money to be assessed on ye Inhabitants of sª Town as shall be thought necessary For ye Defreying ye sd Towns Charges, not yet paid, as also What may be necessary therefor for this present year. Sec- ondly, To Chuse a Constable (In ye uper) or South Precinct of said Town. Thirdly, To Consider What is Necessary or (con- venient) and proper to be done with respect to ye building of apound or Pounds within ye several precincts of ye sd Town. Fourthly, to consider of Chusing a Committee, To take an effectual care that ye Fish may have a free passage up Manatiquod River (so called) in ye proper Season timously and during ye season. Fifthly, to consider of chusing a Committee to Setle and adjust accompts with our present Town Treasurer.
Moderator. The Free-holders and qualified Inhabitants being assembled, and ye Meeting opened they then proceeded, and Co". John Quincy being nominated was chosen Moderator for sd Day.
Constable June 17th. refusd gave a Note for £5/ ye Meeting then proceeded next to chuse a Constable, ye votes being calld for Collect'd and Examed it appeared that Cornelious Thayer Jun. Was chosen to je sd office, he not being there his mind could not be known.
a Tax £200 - And then proceeded to Consider of raising money to Defrey The Towns Charges yet unpaid or that may arise this present year, ye question was then put whether Two Hundred Pounds, shall be assessed on ye Inhabitants of this Town For (and towards) as aforesd and it passed in ye affirmative
pounds. each precinct to procure ye land & appoint the place.
And then proceeded to consider of building pounds, and after some Debate ye Question Was put Whether three pounds shall be built, vizt. one in Each precinct for the Town's use, and at ye Towns Charge by ye Select Men, and it passed in ye negative. And then ye Question was put whether a New pound shall be built in the Middle Precinct, besides the repairing the old pound in ye North Precinct Where it now stands, by ye Select Men, but it passed in ye negative.
Committee to keep ye passage for Fish Clear. And then Voted, that a Comittee be chosen to take care That ye Fish May have a free passage up Manatiquod River, and that they be not stoped in there passage up the same During the season of their passing up ye sd River. Capt Wm Hunt, Sert Richard Thayer, & Corp1 Caleb Hobart, [42] being all seperately nominated and Voted, for ye affairs as aforesaid.
A Committee to adjust acc's. The Question Was then put Whether a Committee shall Be chose - To make up, Setle and adjust accompts with the present Treasurer and it passed in the
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BRAINTREE RECORDS, 1738.
affirmative, and that ye said Committee make Reporte to the Town, and then Co" Quincy, Lt. Jnº Hunt & Dea. Thomas Wales being all nominated and seperately Voted for the said affair.
1738, July 20th.
Warrants. The Freeholders and other Inhabitants of ye Town of Braintree having had Legal Warning Being assembled for ye Transacting such affairs of sd Town as were Inserted In ye war- rants, The perticulars Whereof Were as follows. First, To Consid- er of Disposing of such Powder as now is in ye sd Town's Stock (which may not be profitable to be kept any longer &c, and also to consider of procuring of that, that may be more serviceable for ye town &c. Secondly, To consider of Chusing a Constable in ye South Precinct of sª Town. Thirdly To consider what is Necessa- ry to be done for ye adjusting of any arearage or arearages, left undischarged, & of Passing such ord' rs as were Drawn by ye late Treasurer, Webb upon ye former Constables & others While he ye sd Webb was Treasurer, and in ye Discharge of that Trust, and ye duty thereof (until his setling with ye sd Town Comttee. who adjusted with him some time in May 1737 (as also of Transfering ye Town's obligation to (Mr.) Thomas Vinton, and was given by sd Treasurer Webb &c Into such other hands as then may be thought proper vizt. To see that affair settled with sd Vinton and become obliged in behalf of ye sd Town to sd Vinton for so much of ye Three hundred pounds, Voted, Him &c and such Interest or Charge as is now on legal Demand and shall not be speedily paid. Fourthly To con- sider of ye Requst of sundry of ye Inhabitants of this Town &c about a way (across from Capt Wm Peirces in Milton) or from Mr. Benja" Beales in Braintree to mores far in sd Town &c (Thus far ye War- rants of ye first meeting.)
[43] (1738 July 20th
See these also Entered. Further along, vizt Warrants here misplacd by oversight. And also ye sd Freeholders and other Inhabitants, Being Legally warned and assembled for Transacting an affair of sd Town of Braintree as to ye perticulars set forth or inserted in ye Warrants which were as follows, First To consider of laying a duty on ye stones gotten on & cared off of ye Towns Common - and of preserving ye wood thereon, and of Prosecuting in ye law all Tresspases done on ye sª Commons as mentioned and set forth in a late Act of this province respecting such Tresspasses &c and being assembled nomed One) N.B. or observe ye last War- rant were misplaced and should not have been entered until after the proceeding of ye first meeting had been entd. and therefore the following perticulars are ye proceedings of ye first Meeting of July 20th. 1738, as ye Warrants first entered on ye other side lead to &c.
Brought up of ye proceedings of ye first meeting July 20th. 1738 Capt Joseph Crossbey modr Now follows ye Proceedings of ye first Meeting as aforesd. and Being assembed nomed and Chose Capt Joseph Crossbey Moder".
A vote for Disposing of ye powder & Comttee yr for. The Ques-
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BRAINTREE RECORDS, 1738.
tion was then put whether ye powder now in ye Towns Stock (with Dea Peter Adams) Shall be Disposed of (vizt) sold By a Commit- tee hereafter named they giving an account & Paying in ye effects to ye Town or such as ye sª Town shall appoint To receive ye same in order to procure such other powder as may serve for a stock to be kept for ye towns use, and it was, Voted, In ye affirmative. and then proceeded and nominated and chose Dea. Peter Adams, En- sighn John Thayer, and Lieut John Adams a Comttee for the sd affair they being all separately Voted (The price of ye sd powder per pound to be set by sd Comttee
a Constable chose afterwards refused to serve & afterwards gave his obligation for £5 - And then proceeded to chuse a Constable &c, the Votes being Collected and examed it appeared that Napthali Thayer was chosen Constable (who desired a few minuets to con- sider yr of)
Proceeded to conside of Transferring ye affair between ye former or late Treas' Webb or Town and Vinton to ye present Treasurer The present Treasur to discharge ye Former on Conditions. ye present Treasurer, to see ye other affairs setled. The Meeting then Proceeded to ye affair of Transfering ye obligation from ye late Treasurer Webb (to) Vinton given in ye behalf of sª Town by sª Webb to sª Vinton unto ye present Treasurer (or Treas- urer for the time being vizt for his becoming Bound in behalf of sd Town of Braintree to sd Vinton for so much as remains un- paid, and shall not be speedily paid, and is on legal Demand Provided sd Thoms. Vinton shall fairly, fully and legally Discharge said Webb and Town from ye Bond given by sª Webb in ye sd Towns behalf as aforesaid and all process against sª Webb or Town thereon & already [44] Brought and ye judgement or execu- tion thereon. The question was then put, whether ye present Treasurer or Treasurer for the time being shall Doe and perform In all respects in ye sª Town's behalf as aforesd if sd Thom® Vinton Comply therewith and being put to vote, it was Voted in ye affirm- ative (and then ye clause of Passing ye late Treasurer's orders drawn on ye former, Constables and others, not returned at his setling accompts with ye Town's Comttee in May 1737, and of adjust- ing any arearage or arearages was debated (ye Honble Co" Quincy, Capt Croshey Declaring their opinion (and the Meeting consent- ing) that, that affair in ye whole of it as abovesd was ye proper business of the present Treasurer, and that it was improper or needless that ye Town should vote upon it, and so past without a formal vote thereon.
ye request about a way considered but not yet Granted. ye Se- lectmen to vew ye same & mak report To ye Sessions And then proceeded to consider of ye request of sundry of the Inhabitants of sª Town respecting an open way a cross from (Capt Wm. Peirces in Milton, viz" so far as ye bounds of this Town extends that Way) or from ye Road about Mr. Benja. Beales in sd Braintree to ye Road about Mores farm Bridge, It being represented by some concerned that a Petition has been Prefered to ye Court of Sessions of ye peace concerning ye same, and by the Request of sundry of
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BRAINTREE RECORDS, 1738.
ye Inhabitants (to ye Town) To ye Selectmen thereon, and it being a clause in ye warrtt Isued out for a Town Meeting (among other things) The Town on their meeting on July 20th. 1738, Voted, yt ye Selectmen goe and view ye same, and make Report to the ses- sion of ye conveniencies, or illconveniences thereof.
ye Vote for Select". Constables should have been here, but was Misplacd. by Oversight. See Charict" on ye next leaf
A Meeting about ye Stones by it self, 1738 July 12th. Warrants The following Warrants by oversight being entered above yet properly coms in here and are as follows. The Freeholders and other Inhabitants of ye Town of Braintree being Legally Warned and assembled on sd day for ye Transacting an affair of ye Town respecting. The Commons, as ye perticulars set forth in ye warrants or ase there Inserted and are as follows. First, To consider of Laying a Duty on ye Stones gotton on or Carried off of ye Town Commons, and of Preserving ye wood thereon - and of prosecuting in ye law all Trespasses Done on ye said Commons as Mentioned and set forth in a late Act of this province Respecting such Trespasses &c. Being assembled and ye Meeting opened, Co11. John Adams was nominated and chosen Moderator by Vote.
[45] Voted, Stones to be sold on condition Voted, 12ª per tun shall be ye price for stones carred To Market The Question was put, Whether ye town at this Meeting Will give Leave on any consideration, to any of ye Inhabitants thereof To carry off stones from ye sd Commons and Voted that they would (on such consid- eration as shall be by sd Town or Meeting agreed upon, ye question was then put Whether Twelve pence per tun shall be ye price that shall be paid for all stones carried off of ye Town's Commons to ye (or for ye) Market, by ye Person or persons carrying them off ye said Commons, and past in ye affirmative.
and for him to come to agree wt ye comttee before gotten & car- ried off Stones gotton & carried off since ye publication of sd act to be forthwith accoumpted for Also then Voted, That all persons that shall Carry them off vizt. Stones from ye Commons as aforesaid, and at ye price aforesd shall first agree with the Com- mittee hereafter named, for them (or be accounted Trespassers) and that all persons that Have got stones since the publication of ye sd act, which act was published in July 1737) and do not forth- with accompt with and pay the said Committee, The sd Commit- tee hereafter named to Prosecute as in Sd act is provided.
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