USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 24
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Schools. Voted, That the affair of the Schools be regulated by the Selectmen, In all things as heretofore and that of Divid-
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BRAINTREE RECORDS, 1740.
ing ye annual rents Dismist after some Debate thereon - by a Negative vote
A Comttee to prosecute Trespassers Comttee to be allowed Voted, That a Committee be chosen to prosecute in ye law all Trespassers on any of the Town's Lands or Interests viz. Incroachments thereon, and then Capt. Joseph Crossby was nominated and chose to assist Corp1 Ebenez' Thayer and David Bass in the sd affair, They being still continued therein, and then Voted, that they viz. ye Comttee last named be allowed their reasonable charges, and that they Draw at present ten pounds out of the Treasury if need be to inable them to prosecute the sª Trespassers or Incroachers in the Law, they accounting To the Town for their charges or costs in sd affair.
Pounds. The Question was then put Whether there shall be an other Pound built in the Town & it past in ye Negative.
Mr. Belcher to be allowed The Question was then put whether Mr Moses Belcher shall be allowed the charge he has been at in repairing ye old pound and it passed in ye affirmative
Committee about ye Fish. Voted, That the Comttee last chosen to keep ye River clear for ye Fish be still continued in that affair.
Comttee to Settle acct8 And then Voted L' Jnº Hunt, Sert Rich- ard Thayer & Stephen Cleverly be a Comttee to settle accompts with ye Treasurer.
Committee about Fish directed The Question was then put whether ye Comttee continued in the affair of ye Fish shall ordr when the mills on ye sd River viz. Manatiquod River shall go & when they shall not During ye season of ye fishes passing ; and it passed in ye affirmative.
1739 March 4th.
A Comttee to Settle & adjust acct8 &c &c And then the Ques- tion was put whether the Comttee last chosen to settle accompts with Mr Benja Webb, viz. Co1. John Quincy Capt Joseph Crossby & Wm Penniman shall be a Comttee to settle all accoumpts with any person or persons that had any accompts with the sd Late Treas- urer Webb and to advise and Direct ye present Treasurer, as to a further [66] proceeding, In any of the affaires in which the said Webb as Treasurer of ye Town of Braintree was concerned and of allowing and settling for the orders Drawn by the sd Webb in that his sd Capacity above sd and which have been since received by our present Treasurer or ought yet to be received, in Justice and of right. Being put to Vote, and It passed in ye affirmative.
1740 March 31st.
Warrants. The Freeholders and other Qualified Inhabitants of the Town of Braintree, being assembled on Legal Warning for the Transacting such affairs of the sd Town the perticulars whereof as they were In the warrants were as follows. First To have and consider of the Request of sundry of the Inhabitants of this Town, concerning the stoping of the Fish In Manatiquod River, and to
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BRAINTREE RECORDS, 1740.
see what may be Done to prevent such an unreasonable practice for the future. Secondly, To consider of Chusing some more such Town Officers as the province laws directs too, if need be &c.
Moderator. Being assembled as above sd they proceeded and chose Capt Joseph Crossby Moderator.
Copy of ye Court act about Fish read And then the copy of a late Act of the General Court, respecting the stoping or Catching fish in Manatiquod River between Braintree and Weymouth &c being read in said Meeting the affair or perticular paragraft men- tioned in the warrant was Dismist, and then
Thos Copeland Declared his refusal to serve Constbl Constables. Wm French Pd £5 - Peter Thayer's request for a few days con- sidon granted Thomas Copeland who was chosen to the office of a Constable on March 3ª of this Instant appeared and Declared his refusal, and then the Votes being called for, for the choice of two Constables and the votes being Collected and examined it ap- peared that William French and Peter Thayer were chosen to the sd office. Peter Thayer then requesting, of the meeting to be al- lowed viz. Voted, that Peter Thayer now chosen to the office of a Constable, shall be allowed a few days to give in his answer, pro- vided he do it seasonably.
Alexander French chose survey of Highways. And then pro- ceeded and chose Alexander French a Surveyor of highways.
Abijah Allen a fence-viewer And also chose Abijah Allen one of the viewers of fences in this Town for this year viz. by vote re- chose to ye sd offices for that the two last mentioned were not timously summoned to take ye respective oaths &c
and Jer' Thayer as hogreive. And then nominated and Voted Jeremiah Thayer be one of the Hogreives for this year, in this Town.
[67] 1740, May 19th.
1740, May 19th. Coll Quincy Representative The Freeholders and other Qualified Inhabitants of the Town of Braintree, being assembled on Legal warning for ye choice of a Representative (in Pursuance of a precept Directing thereto &c and being assembled as abovesd, the meeting being opened they proceeded to ye choice of a Representative, and then their votes being brought in and examined it appeared that Co" John Quincy was chosen Repre- sentative he having the Major Vote, vizt the major part of the votes.
Warrants On the day above sd ye Freeholders and others Inhabitants of the Town of Braintree Qualified to vote in Town affaires, assembled to transact such affairs of the Towns, ye per- ticulars as they were Inserted in ye warrants were as follows. First, To consider of Raising money to Defrey the Town chargs. Secly To consider of chusing a Constable or Constables. Thirdly, To hear and consider of the Reporte of any of ye Comttees that the sd Town Has Imployed in any affair of the sd Town, if any of them be prepared &c. Fourthly, To consider if ye Town will build, or may think it proper to build a house on the Town's
-
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BRAINTREE RECORDS, 1740.
Common, for ye Towns use. Fifthly, To consider if Mary Neala- bee of Boston, shall be allowed anything by this town for her boarding and nursing Shove Mills. Sixthly, To consider if some- thing farther may be thought proper or necessary to be done for the clearing ye passage for ye Fish up Manatiquod River.
Moderator. And being assembled, and the meeting opened they proceeded, and chose, Co" Johon Quincy Moderator.
Voted £150, Pounds tax £150-And then proceeded to that of Raising of Money for ye Defreying of the sd Town Charges ye Modr then put ye Question whether one Hundred and fifty Pounds shall be assessed on the Inhabitants of this Town as far as the same will goe towards ye defreying sd charges, (viz on poles and of all other things Ratable by ye laws of this Province, put to vote and it passed in ye affirmative.
Ye request of Peter Thayer and others Granted on condition Sª Peter Thayer Being Sworn to &c. And then Peter Thayer one of those Chosen to ye office of Constable, Coming into said meeting he with others pleaded for some consideration if he should serve in ye office of Constable, for that as their case was Difficult in as much as that as so many of that precinct had of late Paid their fines, and that but few if any to be found Qualified therefor, that had not served or paid, and after some Debate the Moderator put the Question Whether five pounds, should be allowed To sd Peter Thayer out of the Treasury of this Town, if he serve the Town in sª office of Constable, vizt that he be allowed the sd sum of five pounds on his faithful Discharge and making up accompts of all such assessments as shall be Committed unto him to Collect, and it passed in ye affirmative.
Benja Clark chosen Constable refuses to serve And then pro- ceeded to ye choice of an other Constable, and after ye votes being Collected and examined it appeared That Benja Clark was chose he Immediately Declared his Refusal.
[68] Benja Hunt Chose Constable The Committees reporte about ye Powder Voted, that the money for whh. ye powder was sold be lodged in ye Treasury &c to procure more And then pro- ceeded to ye choice of another and after the votes were Collected and examined it appeared that Benja Hunt was chose, he not being then in ye meeting proceeded to that of hereing the Comttee Report Dea". Peter Adams and Lt. John Adams two of the Comttee being then there Reported to the meeting that they had disposed of the Town's Powder .(viz that which had been for some time since under the care of the sd Dea" Adams, ye Moderator then put ye Question whether ye said Comttee speedily shall lodge the sd money now in their hands viz. ) the full sum for which the sd Town's Powder was sold) Into the Town Treasury, For ye use of the Selectmen to purchase more powder for towns use, and it passed in ye affirmative.
A negative vote on Mr Belcher's proposal Mr. Belcher one of ye Select men proposed that it was as he conceived the shortest and best or more proper way that the Comttee pay the sd money to ye · Selectmen. The matter being Debated, a vote was put by ye
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BRAINTREE RECORDS, 1740.
Modr to ye meeting whether the sd Comttee viz. Whether the fore- going vote For the sª Comttees speedly lodging the money in their Hands for which the aforesd powder, was sold in the Treasury should be reconsidered, and it passed in the Negative.
Benja. Hunts refusing &c Jonathan Wild chose Constable. Wild's application. a negative vote thereon Wild's refusal But see afterwards. 1740, May 19th. Wm. Pennimam refused to serve Constble. Caleb Hobart Chose & refused Nathaniel Belcher chose Constable he accepted and was then sworn and on condition to have three pounds ye negative vote on Wilds allowance recon- sidered he accepted & was then sworn Added by vote Forty shillings to ye three pound's before voted to Nath1 Belcher And then Benja Hunt who was Constable as above sd came into the meeting and Declared his Refusal to serve Constable. The Meet- ing then proceeded to a new choice and the votes being Collected and examined it appeared that Jonathan Wild was chosen. The sd Wild then applyed to ye meeting for some consideration if he should serve in the sd office and after some Debate ye Modr put ye Question to ye meeting whether the sd Wild shall be allowed three pounds out of Town Treasury upon his making up an accompt of such assessments as shall be committed unto him and it past in ye Negative, sd Wild then Refusing to serve unless he might be allowed. The meeting then proceeded to a New choice and [69] the votes being Collected & examined it appeared that William Penniman was Chosen. Sª Penniman then afterwards Declared his refusal, and then the meeting proceeded to a new choice and after ye votes were brought in and Collected and examined, it appeared that Caleb Hobart was chosen, sd Hobart then Declared his refusal, and then on motion made in, or to sd meeting that as ye Town had accepted Joseph Owen's in the room of Nathaniel Belcher, and in as much as he had not taken ye oaths of a Constable since, as was expected he should have done, and that the Town might be at a loss if he should now refuse, The meeting concluded it expedient now, to chuse another, and after some Debate, the Question was put by the Moderat" to ye meeting whether Nathaniel Belcher shold Be one of the Constables of the Town of Braintree, and upon his acceptance and making up the accompts of all such assessments or taxes as shall be committed unto him to collect he shall be allowed three pounds, out of the Treasury of this Town, put to vote and it passed in the affirm- ative, and then a motion was made to sd meeting that a vote might be again tried whether they would not reconsider ye Foregoing vote that past in the negative, and make some addition to ye 3£ offerer to sd wild. The Moder' then after some Debate put ye Question whether if the above sd Jonathan Wild do yet accept and serve in the office of Constable that upon his acceptance and mak- ing up The accompts of all such assessments or taxes as shall be committed unto him to Collect he shall be allowed five pounds out of the Town Treasury and also that Wm. Penn, & Caleb Hobart be released put to vote and it passed in ye affirmative viz. from the service of Constables for this year, and then on a motion made
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BRAINTREE RECORDS, 1740.
in sd meeting To try a Vote for forty shillings more seeing others had five Pounds allowed them vizt. to ye three pounds before voted to Nathaniel Belcher, if he serve in sd office, and make up accompts as aforesd, put to vote and it passed in the affirmative
Voted that ye Selectmen purchise John Groves House now on yo Town Comon for ye Towns use in case &c And then the meeting proceeded to that of building a house on the Towns Common, and after some consideration of the affair, on motion made in said meeting, that John Grove was under some Inclination To sell his house that he had on sd Comon and to move out of Town
Voted, That the Selectmen purchiss the sd John Groves House now standing on the Town's Com'on if they can have it a moderate price and he move out of Town, vizt. to purchise sd house for the Towns use.
Voted ten pounds to Shove Mills In case &c And then ye meet- ing proceeded to that of an answer to a petition respecting Shove Mills, and after some Debate Dismist sª petition. But then Voted, ten pounds to said Mills to Inable him towards paying his late expenses at Boston
[70] 1740, June 30th.
1740, June 30th. Warrants. The Freeholders and other Quali- fied Inhabitants of the Town of Braintree being assembled on Le- gal warning, To Transact an affair of the sd Town the perticular whereof as it was Inserted in the Warrant was a follows viz. then and there to consider of Impowering and Further authorizing the Committee chose Last March, For the prosecuting in the law all Trespassers or Incroachers on the Town's Common Lands, or any of Towns Interests in any Lands, whatsoever of right belonging to ye sª Town, if need be, or such Comttee shall be thought proper in sd affair.
Moderator. The Committee chose last March in ye affair be- tween Thomas French & ye Town Impowered to prosecute in ye law or otherwise in ye Town behalf to final issue. Being assem- bled as above sd the meet Proceeded, or they, Proceeded. Nom- inated and chose Capt. Joseph Crossbey, Moderat". and then &c proceeded to consider of the affair perticularly Inserted in the warrant as aforesd. and after some debate, ye Moderator put the Question to the meeting whether the Comttee already Chose and those chose last March past, and have in part proceeded to the prosecuting the controvercie between the Town and Thomas French about a line or the lines between the Town's Common and the Lands of sd French, Shall be understood to be fully Impow- ered and authorized to all intents and purposes to Prosecute the present writ of ejectment allready brought against sd French to Effect, or to agree between themselves, or to leave the affair to refferrees or further to prosecute in ye Law, to a full and final issue of sd controvercie, to all Constructions and Meanings whatsoever, In behalf of the sd Town as need shall be in sd affair. Put to vote, and it past in the affirmative, and then the Moderator Dismist the Meeting.
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BRAINTREE RECORDS, 1740.
1740 September 8th
Warrants. Moderator. The Freeholders and other Inhabitants of the Town of Braintree Qualified for voting in Town affaires be- ing assembled on Legal Warning To Transact such affairs of the Town (aforesd) The perticulars whereof as they were inserted in the Warrants were as follows, viz. First, To bring in Valuations of their Rateable Estats as by Law Directed. Secondly -To consider if the Town will allow the South precinct to Draw (their) or a proportionable Part of the School money. Thirdly, To hear and consider the Request of sundry persons whose names are In- serted or fixed to a [71] paper given in to the Selectmen, re- questing a Consideration of the Town by Demanding the Inserting thereof in the next warrant (for a Town meeting) viz. of the un- warrantable conduct of the Town at their meeting on May 19th. last &c. Concerning the three Constables Being allowed the sum of five pounds, each &c. as by relation Had to said paper may more fully Shew. Being assembled, The meeting proceeded, nominated and Voted Capt Joseph Crossbey Moderator &c.
Voted y ye South prect Draw in proportion To what they pay &c And then after some Debate, Voted That the South pre- cinct shall be allowed a proportionable Part of the School Money, viz. that they draw out of the Treasury of this Town a propor- tionable part to what they pay, of the whole money Improved for the Schools, To and for the Support of a school amongst them, and for no other use.
Voted that The County of Suffolk be Divided The request of sundry of the Inhabitants as mentioned In ye Warrants Debated. A negative vote passed It being then Signified by some in sd meeting that there was a motion on foot for the Dividing the County of Suffolk into two Counties and then, the Question was put whether they were Desirous that the County of Suffolk should be Divided into two Counties, put to vote and it passed in ye affirmative, and then a motion was made in sd meeting that the request of sundry person as mentioned in the warrant might be further Debated upon, The question was put whether they would Reconsider any thing In the Votes passed in our last May meet- ing relating to the Constables &c. and it passed in the negative.
And then proceeded to that of taking in Valuations.
The Anniversary Town Meeting for the choice of Town Officers for the year, 1741.
March 2ª 1740
The Freeholders and other Inhabitants of the Town of Brain- tree, Qualified for Voting in Town Affairs, being assembled on Legal warning for the choice of Town Officers, and for Transact- ing such affairs of the Town The perticulars Whereof as they were Inserted in the warrants were as follows -
Warrants First, To choose all such Town officers as by the Laws of the province are directed to be chosen
Secondly, To consider if there shall be any allowance for bulls and boars, viz. for the number that shall be kept &c
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BRAINTREE RECORDS, 1740.
[72] Thirdly, To consider of an allowance for birds and squirrels &c
Fourthly, To consider of building or hiring of a house for the Entertaining or Imploying such poor persons as the Town are obliged to take care off, and also to consider whether the Town will approve of the Treasurers taking of Land, bank, or money factory Bills of the Several Constables for the Town Rate allready assessed.
Fifthly, To consider of the Reports of any of the Towns Com- mittees about ways, and other things &c
Sixthly, To consider if the Town will let the Remaining part of Towns swamp (where Thomas French hath a part or that adjoin- ing to sª Frenches viz. for clearing and fencing for Improvement.
Seventhly, To consider of chusing a Committee to Settle the bounds between the Town's and perticular persons Lands.
Eighthly, To chuse a County Treasurer.
March 2ª 1740
Moderator Being accordingly assembled, they proceeded, and Co11 John Quincy being nominated was chosen Moderator &c &c Voted, Richard Faxon, Clerk.
Voted first that five Selectmen be chosen for ye present year Chosen for Selectmen. And then proceeded to choose Selectmen and after the votes were Collected it appeared that Messrs John Adams, Jonathan Webb, John Holbrook Samuel Wild, & Dea. Thom8 Wales.
Chose for Constables viz. voted into yt Office Copeland & French Sworn And then proceeded to yt of Constables, Jonathan Webb refusd. Seth Copeland, acceptd. Nathan11. French, acceptd. & Moses Belcher Secundus, refused.
Treasurer Voted, for Treasurer, vizt. Chose Richard Faxon.
Chose for Tythingmen And then chose to the Office of Tyth- ingmen, Simon Crossby, Stephen Cleverly, Samuel Curtis Willm Penniman & Benjamin Porter.
Chose for Fence-viewers And then proceeded to that of Fence viewers, and chose to that office Thomas Crossbey, Moses Pain Jun'. Jonathan Allen, Gideon Thayer, Dependence French Jona- than Porter.
Chose to the Office of surveyors of Highways And then pro- ceeded to that of Surveyors of High wayes, Nehemiah Hayden, Samuel Bass, Joseph Neal, Peter Adams Jun'. Thomas Vinton Sert Jnº. Thayer, Eliashib Faxon, James Penniman Ebenezer Copeland, & Ebenezer Niles.
[73] March 2ª 1740
Surveyors of Timber And then proceeded to that of Surveyors of Timber, planks, bords & Shingles, and then chose, Capt William Hunt, & Ebenezer Field for sd affair -
Sealers of Leather And then proceeded to that of Sealers of Leather, and then chose Mr. John Beal, and John Capen, to serve in the said affair.
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BRAINTREE RECORDS, 1740.
Chose for Hogreives And then proceeded to that of Hogreives, and then chose as follows, Caleb Hobart, Nathaniel Vinton, James Brackett, Samuel Webb, Isaac Allen & John Clark.
Deer. And then proceeded to that to chuse men to Inform (or prosecute against those that shall presume to kill any Deer wt in ye times prohibited by Law, and then chose in that affair vizt Jonathan Clark & Jonathan Hayden, Chose to inform or prosecute.
Each Constable at making up all &c. To be allowed five pounds And then proceeded, and on a motion made that the constas might be allowed for their Service, and after some Debate Thereon, The Moderator put the Question whether those that shall serve this Town in the office of Constables for the year ensu- ing upon their making up their accompts of all such assessments as shall be committed unto them, with the respective Treasurers, shall be allowed (or paid) each of them five Pounds out of the Treasury of this Town, and it passed In the affirmative
That of bulls & boars passed in ye negative. And then pro- ceeded to that of an allowance for bulls and Boars : and the Question was put whether there shall be an allowance for bulls and boars for the ensuing year and it passed in the Negative.
An allowance for birds & Squirriels pasd. in ye affirme And then proceeded to that of an allowance for birds and Squirrels. And then the Question was put whether the premium for birds and Squirrels shall be the same as was allowed in all respects the last year, also allowing to be received the grey Squarrils under the same Regulation as that of ground Squarriels, put to vote, and passed in the affirmative.
The Constables to pay & the Treasurer to Receive Land Bank Bills And then proceeded to that of the Land Bank or manufac- tory Bills and after some Debate, the Question was put whether the several Constables of this Town shall be allowed to pay in their respective proportions of the Towns rate allready assessed into the sd Town Treasury, and the Treasurer to Receive the same, and it being put to vote, it passed in the Affirmative
and y" adjourned ye meeting And then the Modr. With the Con- sent of Meeting Adjourned the Meeting to tomorrow at one of the Clock, In the afternoon, vizt. to Tuesday at one of ye Clock in ye afternoon
March 3d.
ye Comttees return read March 3d. 1740 The meeting adjourned Being assembled vizt, ye Freeholders & other Qualified Inhabi- tants. By adjournment from ye 2ª of this Instant, March, proceed- ed to that of hearing ye report of the Towns Comttee about ways - and the - meeting proceeded - [74] The sd Comttee Chose on November 15th. 1739 made their Return which Return being then Read and after some Debate thereon - The Moderat with consent of Meeting adjourned the Meeting to Tuesday the Tenth of this Instant, March at ten of the clock in the forenoon (for the further consideration of what Remains (in the Warrants &c) For calling this meeting.
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BRAINTREE RECORDS, 1740.
March 10th. 1740.
Benja" Beale Jun' chose Constable The Freeholders and Other Qualified Inhabitants being Assembled by adjournment from the third of this Instant - proceeded To the choice of one Constable and after the votes were Collected and examined it appeared that Benjamin Beal jun' was chose (but He not being there, his mind could not be known.
A Register voted for And then proceeded to chuse a Register (for the County of Suffolk &c. and after ye sd votes were Collected they were delivered to the Constable (vizt one of them.
Also a County Treasurer voted for And then proceeded to chuse a Treasurer for sª County and after the votes were Collected they were delivered To the Constable, also to be sealed up and carried in &c
The Comttees Return of a way &c Read again And then the meeting proceeded to a further consideration of the Committees Return of a Town way Laid out, Pursuant to the votes of the Town on Their Meeting, on November fifteenth Seventeen Hun- dred and Thirty nine by an adjournment From ye nineth of that sd November which return Is as follows -(Being again Read)
March 10th. 1740.
The return of a town way as it was Laid Out by ye Selectmen and Comttee. March 10th. 1740. Pursuant to a Vote of the Town- meeting assembled, By the adjournment to the North precinct at the Old meeting house November the fifteenth, Seventeen Hundred Thirty & nine, Impowering us the subscribers to Lay out a Town way as by the Votes of said Town, and their proceedings at said Meeting, The Freeholders and other Inhabitants then being con- vened) Will appear referance thereto Being had. We Layed out said Way agreeable to the power to us given in manner Following. To begin at the High Road a little to the Eastward of Mores farm, vizt. in the low ground about ye Round swamp, in and Ephraim Jone's Land - vizt. from the said high Road East of the said Round swamp on the brow of the hill Through the said Ephraim Jone's Land With a Streight course to James Penniman's Land, and then still on a streight course from [75] said Jones Land, Throug the said Pennimas Land between His house and barn and so on the East side of his orchard and then with a streight Course until it comes To the carteway, used through his pasture Land, and still on a streight course untill it comes to the Westing line of Ephraim Hunts Land, and then on the said Hunts Land on the West side untill it comes to the Way (called) alderidges farm way, vizt. the way leading to sd Farm, and then with a Streight Line or Course through Ephraim Thayers Land (Lately purchised of John Mills, Till you come to the land of Nathaniel Blancher, and There begin- ing at a Walnut Tree blazed on the West side, from thence to a Red Cedar Markd on the East side, and so on the East side of a Large flat Rock near the top of a hill in said Blanchers Land aforesd and from thence on a streight Line to a fence on the East side of said Blanchers (aforesd) Orchard), and then on the East
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