USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 23
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ye former Com. then about a passage for fish continued in ye affair First To consider of that respecting a passage for ye Fish &c, ye Moderator Then put ye Question whether Capt Wm Hunt Sert Richard Thayer and Cor' Caleb Hobart shall be still con- tinued a comttee to keep ye passage clear that ye Fish be not stopt in passing up (or Down Manatiquod River in ye season, for which affair they were heretofore chosen. See page 43, ye question being put as aforesd & passed In ye affirmative
Confirmed ye vote for but one School South precinct allowed their part of ye School money - provided &c And then proceeded to that of ye School, the Moderator then put the question whether the vote that was passed in our last anniversary meeting, that but one school should be kept in this Town for this Present year (viz, in ye North & Middle precincts) should be reconsidered, and it past in ye Negative, and then on motion of some of ye South precinct, to be allowed their part of ye School Money, Voted, that the South precinct shall be allowed to Draw their proportion- able parte of ye sª School Money, Provided they employe it for that use amongst Them & no other, vizt. Such parte as heretofore has been allowed them.
A Town tax of £150- And then went upon that of Raising Money to Defrey Town Charges : and then Voted, that One hundred and fifty pounds be assessed on ye Inhabitants of this Town for ye defrey- ing of ye necessary Charges thereof as far as it will go.
ye request about a way thorow ye Revª Niles's farm Dismissed And then Debated on that of away thorow M' Niles's land and dismissed
Two more added to that Comttee Chose to oppose ye way a Cross To Craines plain &c or Milton And then proceeded to that of a way across from about More's Farm Bridge to Craine's plain &c. vizt. on ye proposed alteration thereon. But Mr. Benjamin Neal appeard in said Meeting and Signified to them that however he had given Incouriagment That ye way should come out near the mille post between him & his Kinsman &c he has since altered his mind about ye same.
222
BRAINTREE RECORDS, 1739.
And then they proceeded and chose M' Benja Neal & Ensign Jnº Thayer to be added to ye comttee last chose to oppose ye laying out a way &c.
A petitioning for some of Stoughton's land refered to Augt. And then went on that of petitioning for some of Stoughton lands and The persons moving in that case not being their, refered it to augt. meeting
Dismissed that about new pounds And then went on that of Building a New pound or pounds, and after some Debate Dismist it without voting on it.
May 14th. 1739
[56] And then they proceeded to that of an allowance to ye Treasurer and Clerk and after something offered thereon, it was. consented to & agreed. to refer it to some further oppertunity at some other meeting, to be considered, and then ye Moderator dis- mist ye Meeting.
Note the meeting appointed on September seventh fell Thro for that one Warrant though returned yet happened not to be known by ye Clerk.
1739 Sept". 24th.
Warrants. The Freeholders and other Inhabitants of ye Town of Braintree, Having had Legal warning & being assembled, for the Transacting, such affairs of ye Town as were Inserted in ye Warrants for calling sd meeting, the perticulars whereof were as follows. - First, To consider if any thing in any (vote or votes that were passed on our Last March Meeting vizt annual meeting, or in any meeting of sd Town since, in any clause relating to ye School, may be reconsidered, and also if anything farther may be done respecting ye school or schools, &c
Secondly, To consider of chusing two suitable persons to Inspect, Inform and prosecute ye killing of Deer within this Town in such season of ye year as is prohibited by a late act of this province &c.
. Thirdly, To consider of building a New pound or pounds as may be thought best. Fourthly, To consider of chusing a Comttee to settle & adjust affaires with Respect to ye Money Voted to (Mr) Thomas Vinton on account of ye River. Fifthly, To consider of Inabling ye Comttee chose on our last March Meeting viz. annual meeting, To Inspect ye Incroachments on any of ye Town Lands &c. vizt to Inable them to prosecute in ye Law any person or per- sons, trespassing or Incroaching thereon.
Sixthly, To consider, advise & Direct ye Town Treasurer (or some person as shall be thought fit (What shall be done respecting a bond for money from Nath11. Owen Jun" Decd. &c (Due to ye Town Treasurry
And then proceeded and Voted, M' Joseph Gouch Moderator for sª Meeting.
Ens". Joseph Wales & Eben'. Houghton, Chose in ye case of Deer And then proceeded to that of Chusing men to Inspect ye killing of Deer. Voted, That Ensig" Joseph Wales & Ebenezer
223
BRAINTREE RECORDS, 1739.
Houghton be ye Persons to Inspect, Inform & prosecute any and all persons, that shall presume to kill any Deer at anytime (here- after) as Prohibited by a late act of this province, vizt, in pages 687 & 688 &c
[57] Voted but one pound to be built And then Proceeded to that of building a pound or pounds and after some Debate thereon, A vote was propounded & put by the Moderator whether two pounds should Be built in the Town (at ye Town's charge) and it passed in ye Negative, and then a Vote was propounded & the Question put whether But one pound be build in this Town, (at ye sd Town's charge) and it passed in ye affirmative.
Voted, two Schools To be kept from &c ye Committee there for continued. And then proceeded to that relating to ye Schools - and then ye Moderator Put ye Question to ye meeting Whether the vote passed on our last annual Meeting in March, vizt that but one school shall be kept in the Town for this year shall be recon- sidered by this meeting, and it passed in ye affirmative, and then ye Moderator put ye Question to ye meeting, whether that after ye time is expired that M' Joseph Cleverly is agreed with to keep ye Schools &c viz. Whether that after the expiration thereof, there shall from thence (or from ye first of November next) until ye first of March (next coming) two Schools kept within this Town, viz. one in ye North & one in ye Middle precinct (and after some Debate) It passed in ye affirmative (It was movª. Whither ye allowance to ye South precinct as to their drawing a part of ye School money was made certain and it was Judged to be so,) and then ye Mod- erator put ye Question to ye meeting Whether ye Comttee Chosen on our last annual meeting in ye affair of the School, shall still be con- tinued in that affair (viz to doe What has been this Day voted to be done, farther in ye sd affair of ye Schools) and it passed in ye affirmative.
ye Committee about Incroachiments to report &c And then pro- ceeded to that of (chusing) or) Impowering the Comttee chosen on our last annual meeting to Inspect Incroachments on any of the Town's Lands to prosecute in ye Law (any person or persons tres- passing or Incroaching thereon (there being but one of ye sd Comttee present) after some Debate thereon, Dismist ye affair until ye Com- mittee appointed in that affair, make reporte &c.
Of chusing a Comttee In Vintons affair passed over The affair of Considering of chusing a Comttee about Vinton's . money passed by & Dismist on ye supposition that, that matter was accommodated.
ye affair relating to Owen's Bond Dismist at present And then proceeded to that of a bond from Nath11 Owen jun". &c. and after some consideration or Inquiry, in that matter, Mr. Belcher one of ye Selectmen of ye Town Sigifying that, that affair might be likely to be accommodated By a New Bond & then Dismist the sd affair at present, viz. and then was Dismist Until such time as that it. might be known how far or How it might be [58] accommodated for ye Town's security thereby.
224
BRAINTREE RECORDS, 1739.
1739, November 9th ..
1739 November 9th Warrants. The Freeholders and other Qualified Inhabitants of ye Town of Braintree, being assembled on Legal warning For ye Transacting such affairs of the Town as are Inserted in ye warrants The perticulars whereof were as follows (To consider of ye application of sundry of the Inhabitants of this Town &c. We the subscribers Being informed that ye way peti- tioned for from Moor's Farm to come out by Mr. Marsh's by Messrs Richard Faxon, Peter Marquand & others still labors with ye Sessions and that it has been Represented by ye petitioners aforesd To ye Sessions that ye Town of Braintree have unreason- ably Denied them a private way of which they are in Necesity Thor they have been repeatedly requested thereto. Gentle This is there- fore to Desire of you as soon as conveniently may be to cause ye Inhabitants of ye Town of Braintree to be assembled To consider whether ye aforesd representations of ye petitioners are just & if they are not just to take some effectual means, to make that appear to ye Sessions & To consider whether ye Town think it necessary that ye petitioners or any concerned therein ought to be indulged in a way & if so where will be the most suitable-place, & if it appear that they ought not to have a private way, Then to consider if any thing Furthur may be done to strengthen ye towns interest Before ye Sessions at ye time when this affaire is adjourned Leist ye Sessions May for Want of a full representation of ye affaire resolve ye it to ye towns prejudice.
Moder" The Freeholders and others Qualified Inhabitants of sd Town Being assembled as above sd. then proceeded and chose Mr. Joseph Gouch Moderator, for sd Meeting
A conditional vote of a way Some to be added To ye (Com- mittee) Selectmen. Selectmen & Comttee to view & mak report in case &c ye meeting adjourned & where & when. And after some Debate Voted, That the petitioners have a way laid out from Richard Faxon's land & thorow ye Lots between that & ye Common & so through ye common to come out a little above M' Benja" Neals, vizt. Where ye way now is there they, vizt. ye peti- tioners making ye way & purchasing such lands as is to be [59] purchised, viz. Saving ye Town from all charge thereby & then Voted That some more be added to ye Selectmen in order to Lay out said way, and then seperately nominated & chose Capt William Hunt, Lieut. Thomas Crossby, Sert. Richard Thayer, and Mr. Joseph Gouch, therefor, and then Voted that the Selectmen & sª Com- mittee (above named) Lay out said way unless they by inquiry into & on viewing the same, should find some other way that might be more likely to serve to better purpose & accommodation Both to ye Town & Petitioners (in their judgment) Then to make Report (of ye place where curcumstances and conditions thereof To ye Town at ye adjournment of this meeting, for ye Towns con- sideration ; and then ye Modr wt ye consent of ye meeting adjourned the meeting to the Old Meeting house in ye North precinct on Thursday ye fifteenth Day of this Instant November at one of ye lock in ye afternoon.
225
BRAINTREE RECORDS, 1739.
November 15th. 1739.
A meeting on adjournment &c Committees report. Ye Com- mittees Report. A negative vote on ye Comttee report as it run before ye reconsideration The Freeholders & other Qualified Inhabitants of ye Town of Braintree, being assembled by adjourn- ment from ye nineth Day of this Instant November, &c then pro- ceeded to hear ye Reporte of ye Comttee (Chosen on ye ninth of this Instant November) which is as follows. At a Town Meeting Regularly warned, in Braintree Novembr ye nineth 1739, We ye Subscribers being appointed a Committee by said meeting to lay out a way from Mr. Richard Faxon's Farm over ye common & so to come out into the high road a little above Mr. Benja Neals through the way already laid out from said Highroad into ye Common having Viewed said way & Thoroughly debated ye con- veniences & inconveniences of ye same, are of opinion that said way proposed Will By no means answer ye end of ye parties desiring to be accommodated with a way; and we are further of opinion that it can't be made a convenient way ; upon which we took ye last vote of ye Town into our serious consideration & pro- ceeded To see if a way might be laid out which was no ways prejudicial to ye Town and commodious to ye parties who stand In need of an accommodation, and having viewed ye land From ye head of Mr James Pennimans way whh goes into ye Highroad there down [60] through sundry parcels of land which Belongs to sundry persons till you come to ye Common, and so from thence Mr. William Fields land, then over the common land & so through Mr Benja Neal's land upon the line between his eor Jos. Neal's land & his into ye High Country Road whh way afforesd, We apprehend will well accommodate ye parties desiring a way & will be of con- siderable service if laid out, to many of ye Inhabitants of ye Town of Braintree Wrfore we recommend to ye Town ye laying out sd way on condition Mr. Richard Faxon and associates give security to ye Town for their making sd way good and convenient for trav- ellers from ye upper part of ye way to Joseph Owens land and Ingage for themselves & Heirs to keep ye same in good order & also save ye Town harmless from paying for any lands sd way is to pass through (except Mess's Benja & Jos. Neal's.
Signed Joseph Gouch William Hunt Thomas Crossby. Moses Belcher.
This Report read and put to vote and passed in ye Negative. N.B. That ye interlined or amendment was after ye Negative vote & ye additional words (except Messrs Benja. & Jos. Neals.
Voted, to reconsider ye above sd vote after the alteration or amendment thereof as follows - The Comttee report with the alter- ation thereon. Voted to be received as amended by ye following clauses Voted, that Mes's Neals be recompensed or paid for their land &c &c that ye way be made by ye town from ye high road by Mr Neals land into ye Common above Joseph Owens land & yt ye Comttee & Selectmen who were appointed In ye affaires of Laying
226
BRAINTREE RECORDS, 1739.
out sd way & see the whole affair completed The Comttee Im- powered to lay out ye way and complete ye whole affaire Voted, That Mr. Gouch Inform ye Sessions of ye Towns proceedings Mr. Belcher's offer to ye town of ye pound standing on his land for ten years But after some further Debate on the above said Report & ye vote thereon and some amendments on sª reporte, The Mod- erator put the Question whether the above sd vote on ye above sd reporte should be reconsidered and it passed in ye affirmative, and then Voted, that the Report with ye alteration, addition or amend- ment thereon be received, also Voted, That the Town of Braintree pay the three pounds (demanded) by) Mr. Benja Neal & make him up a good fence on his part of land opened by sd way, and also do ye reasonable part in satisfying ye damage of land and fence it shall occasion to Jos. Neal Secdus (and also make & keep in good condition) the sd way from ye high or Countrey road by sª Mr Neals land where sd way comes out &c. upward till it comes to the common above Joseph Owens land on whh he now dwells) provided they the sd Faxon & such as are (or shall be allowed as) asociates give or procure a passable way through theire lands from ye sª common until it comes [61] out into the high or Countrey road above Mr. James Pennimans land as men- tioned in sª Report above sd and make and keep ye sª way in good repair or order, viz, from the high Road above ye sd Pennimans land until it meets with ye Town way now Improved through the common (or until it comes to ye westling end of Joseph Owen's land on wh he dwells as aforesd) and then, Voted, That Mr. Joseph Gouch, Capt William Hunt, Lt. Thoms Crosby & Sert Richard Thayer, with ye Selectmen be a Committee to lay out said way & see if fence and whole affaire compleated withend on sª Neales &c, and then Voted, that Mr. Joseph Gouch Inform the Sessions on the time when the affair of the way) Petitioned for by some of our Neighbors) is adjourned vizt. of ye Towns proceeding thereon as above sd and then Mr Moses Belcher (one of the Selectmen made the following offer to the Town in sd meeting that as he had erected a pound (on the old Town Pound) on his land (on which his son now livs) that if they would except it, it should stand there for the space of ten years to come on free cost for which the Town Voted him thanks & then the meeting was dismist.
1739 December 13th Warrants.
a request for a town meeting The Freeholders and other Qualified Inhabitants of the Town of Braintree being assembled on Legal Warning to Transact such affairs of the sd Town, The perticulars whereof as they were Inserted in ye warrants (for calling sd meeting) were as follows. First, To consider of Raising of Two hundred, Thirty and four pounds of Loane Money Pursuant to a Warrant from ye Province Treasurer to us ye Selectmen, To assess ye said sum &c and also determine us in all things relating to ye affair above sd. Secondly To consider of ye Request of sundry of the Inhabitants of this Town which is as follows. To ye Selectmen of ye Town of Braintree. We the sub-
227
BRAINTREE RECORDS, 1739.
scribers freeholders and Qualified Voters within ye said Town of Braintree finding a Vote upon ye Town Record relating to a way to be laid out through ye Town's Commons and ye lands of Diverse persons Which we apprehend either not truly recorded or fairly obtained and will be to ye great prejudice of ye town, think it convenient & highly necessary that a meeting Be forthwith called to reconsider ye sª vote & therefore pray that a meeting may be called accordingly for that purpose &c. Thirdly To consider if anything further is necessary to Be done respecting ye Towns stock of powder already sold, or that which needs to be sold.
Moderator The freeholders and other Qualified Inhabitants being assembled [62] then Voted Mr. Joseph Gouch Mod".
ye Trustees bond to be prosecuted In case And then after something offered by some of the Trustees and and some Debate on ye affaire of ye Lone money aforesd the Moderator put the Question to the Meeting whether if ye sd Trustees of the sª Lone money do not by sometime on Monday next give security to ye Selectmen to save (ye sª Selectmen) & so ye Town from ye Trouble and also ye charge of assessing, gathering and paying in) the same that then their bond to ye Town be put in execution at the next Court now coming, and it passed in ye affirmative.
ye former vote to be reconsidered ye Selectmen and Town Treasurer to forbare at present But after some farther Debate & on consideration that as some of ye sd Trustees had signified, De- clared, To this meeting that they should take care to pay in ye sª money to ye province Treasurer and that ye Town need not trouble themselves in that affaire. Voted, That the aforesd vote be now reconsidered, and then also Voted, that ye Selectmen forbare the assessing the said money on the Inhabitants of this Town as long as they conveniently can.
And also that ye Treasurer forbare the prosecution of their bonds at present, and then.
ye remaining perticulars adjourned to march meeting Voted, that the Remaining perticulars Inserted in ye warrants for calling this meeting viz, that about a way and also that respecting ye Towns stock of powder &c, be adjourned (over) to our next March meeting.
The Anniversary Town Meeting for The choice of Town Officers , for ye year 1740.
1739, March 3d.
The Free holders and other Qualified Inhabitants of the Town of Braintree, being assembled on Legal warning for ye choice of Town officers, and for the Transacting such affairs of ye Town ye perticu- lars whereof as they were Inserted in ye Warrants were as follows.
Warrants First, To chuse all such Town Officers as ye province Laws Directs too &c. Secly To Consider of Chusing a Comttee to regulate ye [63] Schools. Thirdly, To consider of chusing a Comttec to tak care of all Incroachments upon any of the Towns Lands, or Interest of said Town and of furnishing them With money to prosecute in the Law all such as have so Trespassed and will
228
BRAINTREE RECORDS, 1739.
not surender up Fourthly, To consider of having three pounds, viz. one in each Precinct, provided each precinct build and main- tain ye same. Fifthly, To consider of chusing a Comttee to do what is necessary to be Done Respecting the Fish in Manatiquod River. Sixthly, To chuse a County Treasurer. Seventhly, To consider of each precinct Drawing their proportionable part of the annual Rents of the School Lands, provided they lay out the same in the
said affair. Eighthly, To consider of allowing to Mr. Moses Belcher the Chargs he has Been out in removing and repairing the old pound. Ninthly To consider of chusing a Committee to settle accts. with ye Treas". Tenthly To consider of, and hear the Report of any of the Committees That have been Imployed in any of the Towns affairs, and to consider of any New Way laid out by the Selectmen. Eleventhly, To consider if their shall be a premium allowed for birds and squirrels. Twelfthly, To Consider if there shall be an allowance for the keeping of bulls & boars. Thirteenth- ly, To Consider of what Remained and was adjourned to this meet- ing at the last Town Meeting. See the adjournment on the Town book. Fourteenthly, To consider of Chusing some person or per- sons to settle and adjust all matters and things not fully settled by (Mr.) Benjamin Webb late Treasurer of this Town for which there shall appear orders from the sd late Treasur" Webb, De- ceased.
Moderator And Being assembled, They proceeded and chose Co" John Quincy Moderator.
Clerk And then proceeded, nominated and Voted Richard Faxon Town Clerk
Constables. And then proceeded to that of Constables, and after the votes were Collected and examined, it appeared that Thomas Copeland, Nathaniel Belcher and Ebenezer Copeland were chosen to ye sd office.
Selectmen. And then proceeded to that of Selectmen, and after the Votes were Collected and examined it appeared that Capt Joseph Crossby, Capt William Hunt (Mr) Moses Belcher Sert. Richard Thayer, and Lieut. Joshua Hayward were chosen.
Owen excepted In Nath1 Belchers room as Constable And then Nathaniel Belcher appeared and applyed to the meeting that Joseph Owen might be accepted in his Room sd Owen being then also present, the meeting excepted & voted sd Joseph Owen Constable in ye room of sª Belcher
[64] 1739 March 3d
And then Ebenezer Copeland Declared his refusal as to serving Constable.
Constable. The meeting proceeded and the Votes being called for Collected and examined it appeared that Thomas French Secdus was chosen to ye office of Constable, and then the meeting proceeded and
Treasurer Voted, Richard Faxon Treasurer.
. Tything men And then proceeded to that of Tythingmen and Nominated and separately, Voted, Ens" Jno. Hunt Ebenezer Crain,
229
BRAINTREE RECORDS, 1739.
Samuel French, Edward Faxon Naphthali Thayer & Joseph Hay- ward, viz. nominated and chose for Tythingmen.
Surveyors of highways And then Nominated and seperately Voted to that of Surveyors of high ways Nathaniel Thayer, Samuel Wild & Ebenzer Hayden Moses Belcher Secdus, Simon Crossby, & Ebenezer Field, Benjamin Hayward, Alexander French and Joseph White jun".
Fence viewers And then Nominated and seperately, Voted, to that of Fence viewers, Seth Bass, Ezeekel Cran, Eleazer Thayer, Shedrak Thayer, Abijah Allen and Amos Stutson.
N.B. Abijah Allen not being sumed timeously on ye first choice was re-chosen on March 31st. See page 66t
Hogreives And to that of Hogreives, Moses Marsh, Joseph Nightingal Eliashib Faxon, Abijah Neal, John Nightingal & Jnº. Hayden jun'.
N.B. Abijah afterwards Dropt and Jer. Thayer chosen See p. 66.
Surveyors of Timber To that of Surveyors of Timber Capt Wm Hunt & Ebenezer Field.
Sealers of Leather To that of Sealers of Leather, M' Jnº Beal & Jnº Capen.
To inspect to ye killing of Deer To Inspect the killing of Deer, Jonathan Clark and Benjamin Silvester.
Bulls & Boars And then the Modr. put ye Question whether there should be any allowance for Bulls and Boars for this year, and being put to vote it passed in ye Negative.
Misplaced Thomas French refused to serve Constable. ye meet- ing adjourned Thomas French Secdus who was chosen Constable as above sd Declared his refusal and then the Moderator with the consent of ye meeting adjourned the meeting to tomorrow morning at ten of the clock viz. to Tuesday ye 4th. of this Instant March at ten of the clock in ye morning.
[65] 1739 March 4th.
The Freeholders and other Qualified Inhabitants of the Town of Braintree being assembled by adjournment, from the third of this Instant March, being Mett proceeded to consider
An allowance for birds & Squirrels First, of an allowance for birds and squirrels &c. ye Modr. then put the Question Whether there shall be an allowance for birds and squirrels this year, and it passed in the affirmative Voted, that four pence per head for old black birds heads brought into the Selectmen, from hence until the last of June, and then one penny per head until ye last of September next, and three pence per head for ground Squirrels untill ye last of June, and then one penny per head untill ye last of September next, and for young black birds heads so brought in, one penny per head From hence untill ye last of September next, and that six pence Per head for Crows so brought in all ye year, all to be allowed for out of the Town Treasury.
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