USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 34
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Fifthly. The Question was put whether the Town will set the price on the said Common & it also passed in the Negative, and then Divided & counted poles (on the former vote) about setting the price on ye said stones & the Moderator Declared there was the major part there for, by the poles counted.
319
BRAINTREE RECORDS, 1753.
And then dismist ye last article without voting after some Debate thereon.
[154] Anno. Dom. 1753. The Anniversary Town Meeting for the choice of Town Officers for the year 1753.
1753 March 5th.
Warrants. The Freeholders and other Inhabitants of the Town of Braintree, Qualified for voting in Town affairs having had Legal warning assembled at the meeting house in the Middle pre- cinct for the choice of Town Officers and Transacting other necessary affairs of the Town, the perticulars are Inserted in the warrant as Follows.
After a Moderator chosen, etc.
1st. To chose all such Town officers as the Law directs, also a County Treasurer 2ª. To chose such Committee or Committees as the Town shall think requisite. 3ª. To hear the reports of any Committee or Committees and act upon sd Reports. 4th. To con- sider & Determine what to allow our Town Treasurer for his past service. 5th. To consider of and act upon the affair between Mr Samuel Clark and M' John & Dependence French of Stoughton. 6th. To consider off and act upon Railing the Iron work Bridge so called 7th. To consider & act upon building a small House to keep the Town stock of Powder & Bullets in. 8th. To consider and allow a premium for black Birds heads and Crows & Squir- rels. 9th. To Determine upon some method to Remove the Ob- structions to the Fishes coming up the Iron works or manatiquat River, so called.
Moderator And being so assembled proceeded to chose Co" Wil- liam Hunt Moderator.
Cler. And then chose Elisha Niles Clerk
The Clerk took the oath required by Law. Selectmen And then proceeded to the choice of Selectmen, the moderator put to vote whether the Town would have five Selectmen passd in the Nega- tive, then a Vote was asked whether they would have but three, passd in the affirmative, then voted whether they would reconsider the last vote, passd in the Negative, then the votes were called by the Moderator for one Selectman in each precinct, which votes be- ing Collected & examined it appeared Dea. John Adams, M' Thomas Allen & Dea. Samuel Bass were chosen Selectmen by a great ma- jority.
Constables. Thomas Faxon took the qualifying oath required by Law. And then proceeded to the choice of a Constable for the North precinct, the votes being Collected & examined it appeared Jonathan Rawson was chosen, sd Rawson refusing to take the previous oath the Moderator put to vote whether the town would excuse sd Rawson for this present year, passd in the affirmative, then the votes were called for Constables and being Collected & examined it appeared Thomas Faxon, Samuel Savel Jun". & Josiah Thayer, were chosen, then voted whether the Town would have two Constables in the South precinct passd in the Negative. Voted whether the Town would excuse Samuel Savel Jun' passd in the affirmative. Then the votes were called for a Constable in the
320
BRAINTREE RECORDS, 1753.
North precinct, which being Collected & Examined it appeared Charles Baxter was chosen, Josiah Thayer presenting Ebenezer Spear to serve Constable in his room which the Town accepted, provided sd Thayer give to the Town a Sufficient bond for sd Spear's faithful discharge of that office.
[155] Surveyors of Highways And then the Town pro- ceeded to the choice of Surveyors of Highways, by nomination, Surveyors of Highways, Jonathan Rawson, Joseph Nightingale, Joseph Field Moses Brackett Ebenezer Thayer Jun", Ickabod Holbrook, Caleb Hobart Jun", Samuel Wild Jun", Jonathan Allen, Uriah Thayer, John White Samuel Wales, Nehemiah French, Benjamin Spear Jun".
Fence Viewers. Next the Town proceeded to the choice of Fence Viewers who were Samuel Savel Jun". Sam" Hayward John Holbrook, Jun". Thomas Thayer, Eliphalet Sawen & Nathaniel Pain.
Voted, Charles Baxter, Liberty to consider of an answer respect- ing his serving Constable, until the adjournment.
Treasurer Then the Town proceeded to the choice of a Treas- urer. The votes being Collected & Examined it appeared they made choice of Elisha Niles
A Committee for settling the Treasurey. Voted, L' Richard Thayer, Maj. Moses Belcher, & Mr William Penniman be a Com- mittee to settle accompts with Capt. Richard Faxon, their former Treasurer, and Transfer the Treasurership, to their New Treas- urer, also voted the Selectmen be added to this Committee. Like- wise, voted the Committee aforesd. should Treat with Capt. Faxon respecting his demand for his Service as Treasurer, and make report of Capt. Faxon's demand with the state of the Treasury, to the Town on their adjournment.
Then voted the meeting to be adjourned to Monday the nine- teenth Instant at one of the Clock P.M. at this place
1753 March 19th
The Freeholders & other Inhabitants Qualified for voting in Town affairs being Legally assembled by adjournment from the fifth Instant to Transact the Remaining affairs in the Warrants for calling the meeting & Proceeded to the choice of Town officers, by nomination as follows.
Tything men Peter Adams Christopher Thayer, L' Joseph White.
Sealers of Leather Jedidiah Bass, Abijah Allen
Surveyors of Timber & Plank Guilford Field Co" Wm Hunt John Clark.
Fire Wardens Naphtali Thayer Zachariah Marquand
Hogreives James Clark, Nathaniel Belcher Jun" Hezekiah Thayer Peter Hobart Jonathan Clark Eleazer May.
Voted, Nath11. Blancher be a Surveyor of Highways.
County Treasurer. Votes, Collected & sealed for County Treasurer.
Treasurers allowance £36 -old tenor Voted, Capt Richard
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BRAINTREE RECORDS, 1753.
Faxon, Twelve pounds old tenor & year for three years past for his services as Treasurer.
£4-L. mo. Voted, Capt. Richard Faxon Four pounds Lawfull money in addition to his allowance in consideration of the altera- tion of money.
Iron work Bridge Voted, whether the Iron work Bridge should be railed at the Town's Charge, past in ye affirmative
Voted, Lieut Richard Thayer, L' Thomas Hollis L' John Hunt, Capt Ebenezer Thayer, Majr Moses Belcher be a Committee to view the Iron work Bridge and Report to the Town at May meet- ing in what manner it will be best to Rail it, provided they serve the Town gratis.
Building a house The article for building a house to keep the Town's stock of Powder & Balls in Referd to the Comttee chosen to view the Bridge and to make report to the Town at May Meeting where and in what manner will be best.
Premium on birds &c. Voted, whether the Town would allow any premium for catching birds & past in the Negative.
Committee respecting Fish Voted James Thayer, L' Samuel Vinton, & James Thayer Secdus be a Committee to prevent the obstructions to the Fish coming up the Iron work or manatiquot River.
John Spear Constable Constables allowance Voted : John Spear be accepted to serve as Constable in the stead of Charles Baxter, sd Baxter giving bond to the Town for Spears faithful per- formance, Likewise voted, each Constable Thirteen Shillings & four pence on their producing Receipts from the several Treas- urers.
[156] 1753 Mar. 28th
The Freeholders & other Inhabitants of the Town of Braintree Qualified by Law to vote in Town affairs being assembled at the Meeting-house in the middle precinct on Legal warning to Trans- act such affairs the particulars whereof Inserted in the warrants are as follows, (viz.) After a Moderator chosen &c
1 st To reconsider the votes & Transactions relating to the Towns Commons, so called, at their meeting held on Monday the 26th of February last.
2ª To consider of some more effectual method or methods than have hitherto been thought off, to put an end to the Difficulties and Disputes Relating to sd Common & Regulate the same for the future 3ª To consider & Resolve on some proper method to Divide the Towns Commons so that each man shall draw his full propor- tion in said commons anything at any time Transacted by the Town to the contrary Notwithstanding. 4th. To choose a Committee or Committees as the Town shall at this meeting think proper, not Divesting the Committee chosen by said Town in Augst. 1749 of the power they were then Invested with, provided the Commons be not divided.
Moderator. And being so assembled proceeded & chose Co". Willm. Hunt Moderator.
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BRAINTREE RECORDS, 1753.
Commons &c Then the Question was put by the Moderator whether the Town would Reconsider The votes & Transactions of the Town relating to the Town Commons held on the 26th. of Feb- ruary last passª in the Negative.
Then voted whether the Town would choose a Committee to consider what method would be best to Regulate the Towns Com- mon's by Dividing, selling, or Letting & passd in the Negative.
Voted, the Towns Commons be Divided Then the Question was put by the moderator whether they would Divide the Town's Com- mon's Voted & passd in the affirmative
Voted, The Town would choose a Committee to consult in what method it will be best for the Town to Divide said Cominon's & Re- port to the Town on their adjournment.
Voted, the Town would choose a Committee to consult in what method it will be best for the Town to Divide said Commons & Report to the town on their adjournment.
A Committee to consider what method to Divide said Commons. Voted, the Town would have fifteen for said Committee they serv- ing gratis. Then the following Gent" were Seperately Chosen as a Committee for that purpose, viz. John Quincy Esqr. Mr Josiah Quincy Mr. Sam11. Niles Jun'. William Hunt Esqr. Capt Thomas Wales Lieut. Richard Thayer, Mr. Edmand Quincy, Joseph Cros- by Esqr. Capt Ebenezer Thayer, Mr. Willm. Penniman, Lieut. Joshua Hayward, Dear John Adams, Capt John Thayer, Mr. John French & Capt John Holbrook.
adjournment. Voted, the meeting to be adjourned to monday the Twenty first of May next at nine of the Clock in the morning, in this place.
1753 May 21st.
The Freeholders and other Inhabitants Qualified for voting in Town affairs being Legally assembled by adjournment from the Twenty eighth of March last Proceeded to hear the Report of the Committee appointed on the said Twenty eighth of March last which was as follows.
Braintree Ap1 16th. 1753.
Committees Report. At a meeting of the Committee appointed by the Town to Consider & Report, what may be the most proper metliod of Dividing the Towns commons, The subject being fully considered & Debated, upon the Question being put whether it was best for the Town to Divide the same by Poles or Estates the Committee were equally divided in their opinion thereon.
In the name of the Committee J. Quincy
Capt John Holbrook being absent at the meeting of the Com- mittee, aforesd. was desired by the Moderator to give his Judg- ment Respecting the Dividing of the Commons which was to this purpose (viz) That it ought to be divided by the Poles.
Dissents entered against dividing the commons by Poles. Thomas Faxon, Thomas Copeland John Curtis, Samuel Savel
323
BRAINTREE RECORDS, 1753.
Jun'. & Benjamin Cleverly entred their dissent against the pro- ceedings of this meeting
[157] 1753 May 21ª.
The Question being put by the Moderator after considerable De- bate whether the Towns Commons shall be divided by the Poles, and it passd in the affirmative.
Major Moses Belcher, Capt Ebenezer Thayer, Capt Richard Brackett, Messrs John Hayward, Joseph Arnold & Ebenezer Thayer Jun. entered their dissent against the vote for dividing the commons by the poles.
Then the Question was proposed by the moderator whether the Town would choose a Committee to consider under the vote to Divide the Towns Commons by the Poles who may and ought to be Interested in said commons according to said vote and report thereon at the adjournment. Likewise to produce an exact list of all such persons, and To consider how large Lotts said Commons shall be laid out in. Voted and passed in the affirmative. Like- wise voted said Committee consist of seven they serving the Town Gratis.
Committee &c And then the following Gent. were Seperately nominated and chosen to serve as a Committee for that affair, (vizt) Lieut. John Hunt, Capt. Thomas Wales, Mr. Sam11. Niles, Maj' Joseph Crossby, Dea" John Adams, Dear John Holbrook, and L' Richard Thayer.
adjourned. Then the Moderator with the consent of the meet- ing adjourned to the third monday in june next at one of the clock P.M. to this place.
May 21st. 1753.
Representative. Pursuant to a precept for the choice of a Rep- resentative, the Freeholders and other Inhabitants duly Qualified having had Legal warning, assembled, and the meeting being opened, proceeded to the choice of a Representative, and the votes being brot, in and examined, Mr. Samuel Niles was chosen.
On the same day the Freeholders and other Inhabitants of the Town of Braintree Qualified by Law, To Transact Town affairs being assembled to Transact some affairs of said Town the par- ticulars whereof as inserted in the Warrants are as follows. After a Moderator chose, 1st To Consider & Determine how to order the Schools, in said Town for the best advantage of said Town.
2ª. To consider off & Resolve upon some method to settle the Difference between Bridgewater & Abington Respecting the Line between this Town & Bridgewater & Abington.
3ª To receive the Report or Reports of a Committee or Commit- tees
4th. To Consider and act upon building a small house to keep the Town's powder in
5th. To Consider and make satisfactory to Mr. Peter Adams for making a place to keep the Town's powder in - or allow his accompt -
324
BRAINTREE RECORDS, 1753.
Moderator. Being assembled as aforesd Mr. Josiah Quincy was nominated and chosen Moderator.
Schools ordered as last year (vide page 150) And then voted the Schools be ordered as the last year (vide page 150)
Voted, That Capt Ebenezer Thayer, Lieut Thomas Hollis, and Lieut Richard Thayer be a Committee to order the School in the Middle Precinct
Voted, That the South precinct Draw their proportionable part of the School money.
· Selectmen Impowered to prosecute the Selectmen of Abington Voted, That the Selectmen of the Town of Braintree be Directed and Impowered forthwith to commence a suit against the Selectmen of the Town of Abington for refusing to perambulate the line be- tween said Towns upon notice given them as the Law Directs
'Voted, That there should be a small House built to keep the Towns stock of powder and Bullets in.
[158] Small House to be built. Voted, Dea" John Adams, Mr William Penneman & M' Jonathan Allen be a Committee to Look a suitable place to build said House and Report to the Town on their adjournment.
The articles Respecting the Committees Report and Mr Peter Adam's demand referd to the adjournment
adjournment. Then Voted the meeting to be adjourned to the Third Monday in june next at three o'Clock P.M. in this place.
June 18th. 1753.
Representative. Pursuant to a Precept Directed to the Select men, for the choice of a Representative. The freeholders and other Inhabitants duly Qualified, having had Legal warning assembled, and the meeting being opened, proceeded to the choice of a Rep- resentative, the Votes being brot in & examined Mr. John Ruggles was chosen.
Committee Respecting the commons their report. On the same Day the freeholders & others Inhabitants Qualified to Transact Town affairs being legally assembled by adjournment from the 21st. Day of May Last proceeded to hear the Report of the Com- mittee chosen to consider under the vote for Dividing the Towns Common's &c (vide page 157)
The Report & List Drawn by said Committee Lodged with the Clerk.
Committee to settle the Treasurey their report. On the same Day the Freeholders & others Inhabitants Qualified to Transact Town affairs being Legally assembled by adjournment from the 20th. of May aforesaid proceeded to hear the Report of the Com- mittee chosen to adjust accounts with Capt. Richard Faxon, late Town Treasurer which said report being Read, as it stands Record- ed in the Treasurers Book (vide page 66 & 65 Foll 2ª was accept- ed by the Town and the Question being put by the Modr. whether Capt Richard Faxon Late Treasurer should be discharged from his said late office agreeable to the Report of the Committee aforesaid Voted and passed in the affirmative.
325
BRAINTREE RECORDS, 1753.
Sam1 Niles released. Voted, M' Samuel Niles be released from his purchase of Benja. Owens' Land
Voted, the Selectmen are directed to notify the Selectmen of Abington to perambulate the Line between said Towns and on their Refusal are Impowered to commence a suit against them for such Refusal &c.
Storeroom for powder &c Voted, Mr. Willm Penniman's offer respecting making a place in his Barn to keep the Town's powder and Ball in be accepted and that Lieut Richard Thayer Mr. Willm Penniman & Elisha Niles be a Committee to take care and make a suitable place in said Barn for that purpose.
Voted, that the Selectmen are desired to examine the Town Books & see if there has been anything allowed Mr Adams for making a place, to keep the Towns powder in and Report to the Town.
July 10th. 1753.
Warrants. The Freeholders & other Inhabitants of the Town of Braintree, Qualified by Law to Transact Town affairs being as- sembled by Legal warning to Transact some affairs of said Town the particulars whereof as Inserted in the warrants are as follows. After a Moderator chosen &c.
First, To consult & Determine what may be necessary or con- venient to be done respecting the stones on or in the Town's Com- mon viz) whether that any shall be carried off of said Town's Common's or not at such price as the Town at said meeting shall Determine upon or otherwise as the said Town shall think fit, and to choose a committee or Committees as may be thought necessary respecting, wood or stones as the said Town shall Direct and whether a committee may be chosen and Impowered to prosecute all such Trespasses as the said Town shall direct, to also to con- sider of choosing a Committee to call the Last (viz.) Last Com- mittee chose to make sale of the stones on the Towns Common to an accompt.
[159] Or Secondly, To consider off Resolve upon or Ratify the vote passed at a meeting of said Town, held by adjournment on the twenty first Day of May Last (viz) That said Town Com- mons, should be Divided by Poles, according to a Report of a Committee of said Town offered to said Town at their meeting held by adjournment on the eighteenth of June Last.
Respecting the Common. Or Thirdly, To consider and Resolve upon Dividing said Town's Common's in any other way or manner that sd Town at sd meeting shall think proper, and to choose such Committee or Committees as shall be thought necessary to perfect the division, said Town at said meeting shall determine upon.
Moderator. Assembled and the meeting being opened &c pro- ceeded and chose Mr Sam1. Niles Moderator, on some Debate respecting the previous oath. Mr Niles was excused and Mr. Wil- liam Penniman was chosen Moderator.
Returns on the Warrants accepted On some dispute Respect- ing the Returns of the Warrants the Question was put whether the
326
BRAINTREE RECORDS, 1753.
Town would accept said Returns Voted, and passed in the affirma- tive.
Stones and wood not be carried from the town Commons. Voted, That no person or persons shall carry off the Towns Com- mons any stones until Further orders from said Town.
Voted, That no wood be cut or carried off said Commons by any person or persons until Further orders from said Town.
Committee chose in 1749 Renewed. Voted, The former Com- mittee Chosen in August 1749 be a Committee to prosecute all such persons as have carried (off) or shall carry any stones or wood from the Towns Commons.
Vote confirmed for Dividing the Commons by Polls. Voted, That the Town Confirm and Ratify a vote passed at a meeting of said Town held by adjournment on the twenty first day of May Last (viz) that said Towns Common's should be Divided by Polls.
Committee chose to perfect said Division. Voted, To choose a Committee to Perfect the Division of said Towns Commons, said Committee to consist of five, and then the following Gente were seperately nominated and chosen as a Committee for that affair (viz) Capt Thomas Wales Ens". James Penniman, Capt Richard Brackett, M' Sam11 Niles & M' Ebenezer Adams.
1753, August 27th
Warrants. The Freeholders and other Inhabitants of the Town of Braintree being assembled on Legal warning to Transact such other affairs of said Town the particulars thereof Inserted in the Warrants as as follows - After a Moderator chosen &c.
First, To raise money to Defrey the Town Charges for the present year.
Secondly, For the Inhabitants of said Town to bring in their valuations to the Selectmen.
Thirdly, To choose a Constable in the stead of John Spear, he Refusing to take the oath Required by Law.
Fourthly, To choose a Surveyor of Highways in the stead of Jos. Field.
Fifthly, To Prevent Rams Running at Large until such time as the Town shall think fit.
Sixthly, To Choose a Committee to consider whether the Treas- ury be charged & cumbred with Nath" Owen Jun", Bond or any of the like nature, and likewise to consider and adjust the value of old Bonds Due to the Town and Direct the Treasurer respecting the same
Seventhly, To hear the Report of a Committee or Committees.
[160] Being assembled &c chose Dea. John Adams, Moder- ator.
Money raised. £135-L. mo. Voted, That One Hundred and Thirty five pounds Lawfull money be assessed on the Polls and Ratable Estates, for Defreying the charges of the Town for the present year.
Then the Moderator called for the Valuations.
327
BRAINTREE RECORDS, 1753.
Charles Baxter Constable took the oath. Then proceeded & chose Charles Baxter Constable, and-
Voted, Joseph Field a Surveyor of Highways for the North precinct
Rams restrained Then the Question was put by the Moderator whether the Town would Restrain Rams from Running at Large from the twelfth day of September, unto the twelfth of November, and all Rams running at Large within said Term in any Part of the Town be forfeited to the finder. Voted and passed in the affirmative.
Committee to adjust Old Bonds &c Voted, Messrs Richard Thayer, William Penniman & Sam" Niles be a Committee to Con- sider whether the Treasury be charged with Nath1 Owen Jun'. Bond or any other of the like nature, and Likewise to consider and adjust the value of old Bonds Due to the Town and Direct the Treasury respecting the same.
1753 Sept 6th.
Warrants. Moderator. The Freeholders and other Inhabitants of the Town of Braintree being assembled on Legal warning, (After a Moderator chosen) To see if the Town would Petition the Great & General Court to settle the Colony line from accord pond to angle tree that the Difficulties & Disputes subsisting by Reason of that Line may be prevented and that the Town make suitable provision for forwarding a Petition as aforesaid by Invest- ing the Selectmen with power therefor or by choosing a Com- mittee, or by doing anything at said meeting that shall be thought necessary in that affair. Being assembled &c M' Josiah Quincy was chosen Moderator.
A petition forwardd Respecting the Colony Line & Voted, That the Town petition the General Court to settle the Colony Line, so far as it respects the Inhabitants of the Towns of Bridgewater, abington & Braintree
Voted, That the Towns of Bridwater & Abington be Invited to join in said Petition.
Committee. Then Messs. Sam". Niles Jun". William Penniman & Sam" Bass, were seperately chosen as a Committee to forward said petition Voted, that said committee Petition the General Court to Suspend the actions now Depending between Bridgwater & Abington until said Line be settled.
1753 September 13th.
The Freeholders and other Inhabitants of the Town of Brain- tree, being assembled on Legal warning, After a Moderator chosen
First, To hear the Report of the Last committee chosen to Treat with the Selectmen of Bridgwater and the Selectmen of Abington
Warrant Moderator Secondly, To act on anything that shall be thought proper in order to settle that affair or to Defend the actions that are Depending with the Towns aforesaid, and if it be
328
BRAINTREE RECORDS, 1753.
thought needful to choose a Committee to act in said affair (Being assembled &c) Capt Richard Faxon was chosen Moderator, and Mr Sam Niles to take the minutes, the Clerk being absent.
[161] 1753 Sept. 13th.
Committees Report, respecting the Line. The Committee then offered their Report which is as follows. "Pursuant to the vote of the Town, we met the Selectmen of the Towns of Bridg- water & Abington, but they absolutely Refused to Petition the General Court with the Town of Braintree, unless we would peti- tion to have that line settled which was run by Co1 Thaxter, & Capt Thompson, in the year A.D. 1713, but finally proposed to join with us, provided we would refer the controversy which is subsisting between us to the Determination of three, five or seven uninterested Gent™. which are not in the Government of Rhode- island, and provided the Town of Braintree agree in the last pro- posals they engage to disist their suit.
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