USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 40
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Then the following Persons were chosen by Nomination to the Respective offices as follows (viz) Town Treasurer Elisha Niles.
Surveyors of Highways Elijah Vesey, Edmund Billings Doct. Elisha Savel Daniel Baxter, Jedidiah Bass, Benja Vesey, Benja. Thayer, Sam11. French 3ª, Micah Wild, David Holbrook Jun". Wm. Whitmarsh, Nehemiah Hayden, Nath" Belcher Jun'. Joseph Wales Jun". Ebenezer Pain Eliphalet Sawen.
Tythingmen. Ebenezer Adams, Abijah Allen, Ebenezer Crane. Fence Viewers. Benja Vesey Jun". Samuel Curtis Jun". Richard Thayer Samuel Savel Jun". Nath1. Vinton, Seth Turner.
Fire Wardens. Zachariah Marquand, Jonathan Randall.
Surveyors of Lumber Wm. Field Jun". Benja. Thayer, Seth Turner John Clark.
Sealers of Leather. Jedidiah Bass, Abijah Allen.
Cullers of Staves. Sam11. Hunt, Capt. Sam1. Clark, John Vinton.
Hogg reaves. Joseph Crane, Daniel Nash, David Slone, Zach- ariah Field, Silas Lovell, Hezekiah Ludden.
Then proceeded to the Article of Mending the ways within said Town by a Tax and after considerable Debate thereon Coll. Josiah Quincy made a Present of Fifty Dollars to the Town to be ex- pended in mending the ways within the same, and further Informd the Town they should be welcome by the Treasurer to draught upon him for the same.
Voted, The thanks of the Town be given to the Collo for his noble & Generous Grant made the Town and that the said 50 Dollars be expended for the use aforesaid under the direction of the Selectmen where they shall judge most beneficial and minutes taken of their proceedings and layd before the Town the first oppor- tunity.
[207] Voted, The Article Respecting the School Housen & Schools be Dismisd.
Voted, The Article Respecting, altering the way be Dismissd.
378
BRAINTREE RECORDS, 1761.
Voted, The Comttee Impowered to Remove the obstructions in the River be still impowered to continue to prevent obstructions by Dams as far as the Law will allow.
1761, May 18th.
Representative. Pursuant to a Precept directed to the Select- men under the Hand of the Sheriff of the County of Suffolk, The Freeholders & other Inhabitants of the Town of Braintree Qual- ifyd. agreeable to his Majestys. charter to vote in the choice of a Representative being legally assembled made choice of Capt". Eben'. Thayer Jun'. to Represent them at the Great & Gen" Court the ensuing year.
1761 May 18th.
The Freeholders & other Inhabitants of the Town of Braintree, Qualifyd. by Law to vote in town affairs being assembled at the Meeting House in the Middle Precinct of sd Town on Legall warning to Transact the affairs of said Town the particulars whereof as Inserted in the warrants are as follows (viz)
First, To choose any Town Officers that may be necessary, also to act upon the affair of a Constable for the Middle Precinct.
Secondly, To Consider and Determine upon some effectual method whereby to Reduce the number of Licensed Houses in this Town as it is thought the present number are unnecessary
Thirdly, To Hear & Determine the Request of any Constable or Constables.
Fourthly, To Hear the Report of any Comttee or choose any Comttees that may be necessary.
Assembled as aforesaid choose Dea". James Penniman Modr.
Then Mr. Nath11. Wales was chosen a Selectman in the place of Capt Allen.
Williamn Bowditch, & John Hayden Secdus Fence Viewers
Ephraim Jones, Constable elect appeared & Refusing serving in said office secured the fine to the Town by his Note of Hand
Then John Hollis was chosen Constable who also paid the fine. After a full Debate upon the second Article, It was by a Great Majority of the Members Present,
Voted, That although Licensed Houses so far as they are con- veniently scituated well accommodated & under due Regulation for the Releif & Entertainment of Travellers & Strangers may be a usefull Institution, Yet there is Reason to apprehend that the present prevailing Depravity of Manners through the Land in General & in this Town in particular and the shamefull neglect of Religious & Civil Duties, so highly offensive in the sight of God, & injurious to the peace & Welfare of Society are in a [208] great measure owing to the unnecessary increase of Licensed Houses.
Voted, That for the future there be no Persons in this Town, Licensd for retailing spirituos Liquors & that there be three per- sons only approbated by the Selectmen as Inn-holders, suitably situated, one in each Precinct.
379
BRAINTREE RECORDS, 1761.
Voted, That the Persons that are approbated as Inn-holders for the ensuing year oblidge themselves by written Instruments under their Hands & Seals to retail spiritous Liquors to the Town In- habitants as they shall have occasion therefor, at the same price by the Gallon or smaller Quantity as the same are usually sold by Retail in the Town of Boston and upon the performance of the above conditions, there be no Person or Persons approbated by the Selectmen as Retailers.
Voted, That the Town now proceed by written votes to the choice of the Persons & places they think most conveniently scitu- ated & best Qualifyª, for the purposes aforesaid, accordingly the votes were brot in which being examined it appeared Mr. Sam11. Bass Jun". was chosen for the North Precinct, Mr. Benjamin Hay- den for the Middle & Mr. Jonathan Wales for the South.
Voted, That there be a Comttee appointed to draw up & pre- sent a Humble Memº to the Justices of the Q" sessions to be holden at Boston on the first Tuesday of July next, praying that the pres- ent proceedings of the Town Respecting Licensd. Houses meet with their approbation, and that an authenticated copy of the votes of the Town be annexed thereto and Presented therewith, as also that the same Comttee serve the Selectmen of the Town with a Copy of sd votes, with the Towns desire that they would act in confor- mity thereto.
Then Joseph Crosbey, Josiah Quincy & Sam11 Niles Esqr. were seperately, Voted, to be the Committee aforesaid.
Voted, Mr. Moses Adams be allowed Forty shillings out of the Town Treas'y for his service as Constable the present year.
1761 Augst. 24th.
The Freeholders & other Inhabitants of the Town of Braintree, Qualifyd. by Law to vote in Town affairs being assembled at the meeting House in the Middle Precinct of said Town on Legall warning to Transact the affairs of said Town the Particulars where- of as Inserted in the Warrants are as follows (viz)
After a Moderator chosen, &c.
First, To Bring in Valuations to the Selectmen.
Secondly, To Raise money to defrey the charge of the Town the currant year.
Thirdly, To Choose a Constable for the Middle Precinct
[209] Fourthly, To consider of and act upon an affair that may be laid before the Town by their Treasurer Respecting Lands, lately conveyed to Sam11. Savill decd, & also Respecting Leasees of the South Commons who contrary to their obligations to the Town Refused to make, return for the stones they have carried oft said Land.
Fifthly, To hear and act upon a Request of Sam11 Holbrook wherein he prays, allowance for building a Bridge over Cramberry Brook.
Sixthly, To hear the Report of any Comttees or choose any Comttees. Assembled as aforesaid choose Mr. Wm. Penniman Modr.
380
BRAINTREE RECORDS, 1762.
Moderator. The Modr. calld. upon the meeting to bring in their Valuations to the Selectmen.
Money assessed £120- Voted, One Hundred and Twenty Pounds Lawfull money be assessed on the Polls & Rateable Estates within sd Town to defrey. the Charge of the Town the Present year.
Constable. Then Mr. Isaiah Thayer was chosen constable, and upon his acceptance of said office, Voted, that the Town allow him forty shillings Lawfull money.
Town Treasurer Discharged Sam" Savills Debt. Voted, The Town Treasurer be discharged a Debt due from Sam11 Savil de- ceased to the Town he producing the Deed made & executed in the Towns behalf to the sd Savil unto a Comttee that may be now appointed by the Town to reconvey said Land.
Comttee to make sale of Land Lately conveyed to Sam11. Savil Deceased. Voted, Dea". James Penniman, Mr. Seth Copeland & Mr. Ebenezer Adams, be a Comttee to make sale of the Towns Land lately conveyed to Sam11 Savil deceasd. and to make & Execute a good & Lawfull Deed of the same in the name & behalf of the Town.
Voted, The Paragraph in the 4th. article Respecting the Leasees, of the South Comons be dismissd.
Sam" Holbrook allowed. Voted, Mr. Sam11. Holbrook be allowed Three Pounds out of the Towns Treasury for his service of build- ing the Bridge.
[210] 1762 March 1st.
Anno Domini 1762. The Anniversary Town Meeting for the Choice of Town Officers &c. March 1st. 1762.
The Freeholders and other Inliabitants of the Town of Braintree Qualifyd. by Law, to vote in Town affairs being assembled by Le- gall warning at the Meeting House in the Middle Precinct of said Town for the choice of Town officers and for Transacting other affairs of said Town the particulars whereof as Inserted in the Warrants are as follows (viz) After a Moderator chosen, &c.
First To choose all such Town Officers for the ensuing year, as the Law directs. Also a County Treasurer.
Secondly, To consider off & act upon the affair now depend- ing between the Town & the Leasees of the south comons as their Lease is near expiring. And likewise to proceed after the expira- tion of said Lease to the further Regulation of said comon Lands either by Renting or Selling the same as the Town shall think proper.
Thirdly, To consider of a Request of a Number of the Inhabi- tants of said Town Praying there may be a Town way laid out from the House of Mr. Benja. Vesey on Hough's Neck thro' Rye Island to the way leading to Germantown.
Fourthly, To Consider of and act upon a Request of M' Benjamin Vesey Secdus who moves to exchange a Small peice of Land with the Town to accommodate both parties.
Fifthly, To see if the Town will order a Gore of Common land
381
BRAINTREE RECORDS, 1762.
Lying to the North of Mr. Thomas Thayer's Land also a peice of Common Land near to Mr. Clement Haydens Lying uninclosed & to the Southward of the Fence enclosing said Comons to be sold.
Sixthly, To Hear and act upon a Request of Mr Moses Brackett, who moves to exchange a piece of Salt marsh with the town Lying in Germantown, to accommodate both parties.
Seventhly, To consider what may be proper to be done to Pre- vent the obstruction of Fish into the Ponds & act thereon.
Eighthly, To hear the Report of any Comttees or choose any Committees that may be necessary.
Assembled as aforesaid Voted, that the Town would then proceed to the choice of the Moderator in the way of Nomination.
Then Collo Josiah Quincy was nominated & Chosen Moderator.
Elisha Niles was Nominated & Chosen Clerk for the year en- suing.
William Spear, David Holbrook Jun'. & Eliphalet Sawen were chosen Constables.
Voted That the Constables that should serve the Town the Pres- ent year be allowed out of the Town Treasury Forty shillings each for their said service.
Then the following Gent". were chosen Selectmen (viz) Ebene- zer Miller Esqr. Mr. Jonathan Rawson, Sam11. Niles Esqr. Capt" Ebenezer Thayer Jun' & M' Joseph White.
Voted, William Spear be excused serving Constable he paying into the Towns Treasury Three pounds Lawfull money.
[211] David Holbrook Jun Presenting John Vinton to the Town to serve in the office of Constable in his the said Davids stead. Voted That John Vinton be accepted to serve in the office of a Con- stable in the place or stead of the said David Holbrook Jun". Provided the said David Lodge a Bond with the Town Treasurer thereby securing the Town from any Damage that might acrue to the said Town, by the said John Vinton's default in said office
Voted, Noah Whitcomb be allowed Forty shillings out of the Towns Treasury for his service as Constable the last year.
Then the Town Proceeded to the Choice of the following officers by Nomination (viz)
Wardens. John Hall, Moses Brackett, William White, Nathan- iel Wales, Seth Turner, Joseph Porter.
Treasurer. Elisha Niles.
Surveyors of Highways. Joseph Field, Sam11. Bass Jun'. James Clark, Benja. Vesey, Benja Savil, Thomas Vinton, Seth Copeland, Caleb Hobart Junr. Zachh. Marquand, John Ludden Ickabod Hol- brook, Sam11. Holbrook, Nehemiah French, Elijiah French, Sam11 Wales, Benja Spear Jun".
Tything men. Peter Adams, Edmand Soper, Jonathan Wild. Fence Viewers. Josiah Capen, James Brackett Jr. John Noyes, Nehemiah Hayden, Seth Turner, Capt Sam1. Clark.
Fire Wardens. Zachariah Marquand, Noah Whitcomb.
Surveyors of Lumber. William Field jun" Benja Thayer, John Clark.
Sealers of Leather. Jedidiah Bass, Abijah Allen.
382
BRAINTREE RECORDS, 1762.
Culler of Staves. Samuel White John Clark.
Hogg-reaves. Joseph Rugles Pain, John Mills Secdus. Pelitiah Penniman, Nathaniel French, Sam11 Woods Isaac Spear.
The 3ª article dismissed.
Voted, To raise a Committee to treat with the Leasees of the South Comons Respecting the affair depending between the Town & Leasees & make Report at the adjournment of this meeting. Then the following Gent". were separately chosen to be a Comttee for that affair viz Collo Josiah Quincy Dean. James Penniman & Dea". Sam" Bass.
Voted, Collo Josiah Quincy, Dea". James Penniman & Dean Thomas Wales, be a Committee to examine into the state of the School, in this Town of Late and whether the money ex- pended for Schools hath been Improved to advantage. Like- wise to consider in what manner the Town may be best servd, by their schools, for the future & make Report at the meeting in May next.
Then the Meeting adjourned to Monday 29th. Instt. at 10 of Clock A.M. in this place.
[212] 1762 March 29th.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. by Law to vote in Town affairs being assembled by ad- journment from the first of March currant.
The Comttee of the Town offerd. their Report as follows (viz)
The Comttee appointed by the Town to Treat with the Leasees of the South Commons having attended that service beg leave to Re- port, That they found the Leasees unwilling to fulfill the conditions of their Lease as will more fully appear by a Representation of their case drawn up & signed by them & herewith Presented to the Town for their consideration.
Josª Quincy James Penniman Comttee
We the subscribers Leasees of the South Comons having at- tended upon the Towns Comttee appointed to treat with us Respect- ing the Difficulties Relatively thereto beg leave to make the following Representation & Proposal to the Town at their present meeting by adjournment.
1st. We do hereby Resign & Deliver up to the Town the common Land held by us in Virtue of said Lease.
2ª. That during the whole term of our Lease we have laboured under the greatest Discouragements & have been great sufferers by reason of an open way laid out through said land, after said Leases were executed. For altho' we repeatedly attempted to fence against the same by a sufficient stone wall, yet we were as often Prevented by certain unknown evil minded Persons who as fast as we built up the wall by Day did in the Night time throw the same down again by which means and Innumerable other Tres- passes upon the Premises which could neither be foreseen nor pre- vented, We have been unexpectedly deprived of the greatest part of Profits we hoped to reap by our Improvement of said Lands
383
BRAINTREE RECORDS, 1762.
so that upon the whole we are very certain all the Benefitt we have derived from said Lands will not Recompense the Labour & ex- pense we have been at in making stone wall round the same.
[213] 3ª. If the Town should not think Proper to consider our case but should insist upon the fulfilling the conditions of our Lease, We beg leave to Propose to the Town that all matters in Dispute between the Town & us Relating to said Lease & the Lands we have occupied by virtue thereof, be left to the Judgment & final Determination of three or five indifferent Men to be chosen mutually by a Committee of the Towns to be appointed & im- powered for that purpose & ourselves and upon sd Referees being so mutually chosen & impowered we do hereby Promise to join issue with the sd Comtee and to execute Bonds of Arbitration according to Law thereby oblidging ourselves to abide by their award all which is humbly offerd to the Towns consideration by
William Penneman Thos. Faxon {Leases.
Braintree March 29th, 1762. Eben' Penniman
The Representation of the Leasees of the South commons being Read & Considered, the Town came into the following Vote, viz. Voted, That the Town doth not agree to the first article in said Representation.
Voted, That the Town cannot agree to the Second Article therein contained as the facts therein alleged are not supported by sufficient evidence.
Voted, That agreeable to the third Article a Committee be ap- pointed & impowered to join issue with the Leasees & to execute the purposes therein contained
Voted, That Mr. John Adams, Samuel Niles Esq'. & Dea". Thomas Wales be & hereby are appointed & impowered to join issue with the Leasees, in executing the Purposes contained in the third Article of their Representation above Recorded.
Voted, That a Committee be raised to consider & Determine what may be proper for the Town to act Respecting the South Comons either by Renting or Selling the same & make Report to the Town at the adjournment of this meeting. Then voted the Comttee appointed to join issue with the Leasees of the South Comons be the comttee for the purposes aforesd.
Voted, the 4th. & 5th. Article contained in the Warrant be dis- misd.
Voted, Respecting MT: Moses Bracketts Request that a Comttee be appointed by the Town to take the affair under consideration and that sd. Comttee view the premises & treat with Dean. Palmer, the Leasee of the Towns Land and make Report at the adjourn- ment of this meeting sd Brackett paying the Comttee for their ser- vices.
Then Dea". James Penniman, Mr. Edmund Billings & Sam11 Niles Esqr. were appointed a Committee for that affair.
Voted, Messrs. John Hayward, James Thayer & Jonathan Thayer, be a Comtee to prevent the obstructions of the Fish into the Pond.
384
BRAINTREE RECORDS, 1762.
Then Thomas Allen was chosen a Hog-reave.
Then the Modr. with the consent of the Meeting adjourned said meeting to the 12th Day of April next Ten of the clock, forenoon at this place.
[214] 1762 April 12th:
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. by Law to vote in Town affairs being assembled by adjournment from the Twenty ninth of March last.
The Bonds of Arbitration between the Towns Comttee & the Leasees of the South Comons with the award were read before the Town.
Comtee on the South Comons Report. Then the Committee Respecting the South Comons offerd their Report thereon to the Town which is as follows, viz.
We the subscribers the Committee appointed to consider & report what method appears most advantageous to the Town, relative to the disposal of the South Comons, beg leave to report that having considered that subject as thoughroughly as we were able it appears to us that the Town would reap very considerable advantages in the alleviation of their Taxes and the removal of jealousies & animosities by proceeding to appoint & impower a committee to make sale of the whole of said South comons in such Lotts & Divisions as shall be thought proper at public vendue, & we beg leave further to Report as our opinion that the Proceeds of the sale of the Lands within said commons formerly sett apart for the Ministry be appropriated to that use.
Braintree, April 12th. 1762.
John Adams Sam11. Niles Thomas Wales
The above Report being read before the Town was voted accepted, Benjamin Cleverly entered his Dissent against the pro- ceedings of the meeting.
Voted, That the vote Respecting accepting the Comtees Report as above be Reconsidered & null.
Voted, that the first clause in the Comttees report Relative to the sale of the South commons be accepted.
Sº. Comons sold. Voted, That a Committee be appointed & impowered to proceed to the sale of the said South commons, agreeable to the Comtees report and to make & execute good & Lawfull Deeds of the same in the Name & behalf of the Town.
Then Collo Josiah Quincy, Sam11 Niles Esqr. & Capt Thomas Wales were appointed a Comtee for the purposes aforesaid.
Voted, A Comtee be appointed to consider in what manner the proceeds that may arise by the sale of the South commons be se- cured to the Town as a fund that the Town may Reap the annual benefit & if possible be under no capacity of being allienated.
Then Voted, Mess's. John Adams, Samuel Bass, John Hayward, Dean. James Penniman, Deaª. Jona Allen be a Comtee to consider that affair & Report to the Town.
385
BRAINTREE RECORDS, 1762.
[215] 1762 April 12th
Voted, That Thomas Vinton be excused serving as a Surveyor of Highways, the Present year & That Israel Peak be accepted to serve in said office in his stead.
Then David Pain was chosen a Hog Reave for the present year.
adjourned. Then the Modr. with the consent of the Meeting adjourned said meeting to the Day the meeting should be appointed for the choice of a Representative in May next and to be after said meeting.
1762 May 19th.
Representative. /Pursuant to a Precept under the Hand & Seal of the Sheriff of the County of Suffolk, directed to the Selectmen of the Town of Braintree, the Freeholders & other Inhabitants of sd Town Qualifyd agreable to his Majesty' Charter to vote in the choice of a Representative assembled & made choice of Capt. Ebenezer Thayer Jun". to Represent them in the great & Gen". Court the ensuing year.
The Freeholders & other Inhabitants of the Town of Braintree, Qualifyd by Law to vote in Town affairs being assembled by ad- journment from the Twelfth of April last, &c
Sº Comons sold. The Comttee appointed for the sale of the South common made their Report to the Town of their Proceedings thereon, viz. that they had made sale of the Whole of said So Commons, to several Persons with a Particular acct. of the severall Lotts, together with the Purchasers of sd lotts, & the severall sums the said Lotts were sold for amounting in the Whole to Seven Hundred Twenty Two Pounds, fourteen shillings Lawfull money, exclusive of charges which Report was voted accepted.
Then the Question was put by the Modr whether the Town would confirm & Ratify the sale of those Lotts laid out in sd So Commons for the use of the Ministry Voted & pasd in the affirma- tive.
Then Benjamin Savil was chosen Constable.
The Comttee appointed to consider in what manner the Proceeds of the sale of the South Comons may be secured as a fund to the Town made their Report as follows viz.
Comttees Report Respecting a fund to secure the Proceeds of the sale of the Sº Commons &c. We the Subscribers appointed a Comttee to consider in what manner the proceeds that may arise by the sale of the Sº Commons be secured to the Town as a fund that the Town may Reap the annual Benefit of the same and if possible be made no capacity of being alienated, Humbly report [216] that the late Comttee for sale be desired & directed to take of the purchasers either the money or obligations for the money with good & Sufficient security Personal, Real or both at their best Discretion, said money to be payable to the Town Treasurer & his successors in sd office at & not before ye Day of the expiration of the North Comon Lease & to be upon Interest, and in case the Comtee should take of the Purchasers any cash said cash to be placed out on good security in like manner.
386
BRAINTREE RECORDS, 1762.
That the Town may if they see cause after the expiration of sd North common Lease Petition the Gen" Court to incorporate certain Trustees & impower them to take Bonds & mortgages to themselves & their successors in sd office that so the Town may reap the annual Interest of sª Money for ever without having any power to alienate the Principal.
Braintree May 19th. 1762.
Sam11 Bass James Penniman Jona Allen John Hayward John Adams
Comttee
The above Report being Read before the Town was Voted ac- cepted with this amendment that any of the Purchasers of the above sd Lands shall have Liberty to Pay their Respective Dues to the Town in one or Two years as they see cause & that the same be placed out as above directed.
Then Mr. John Adams was appointed & impowered by the Town to draw Conveyances & Securities respecting sd Sº Commons. The Comtee appointed Respecting Lands sold to Sam" Savil decsd. offerd their Report to the Town as follows (viz)
Sam1. Savils deed dd. We the Subscribers being appointed to receive the Deed that was made by this Town's Committee to Sam11. Savil Jun" Deceased (of a piece of Towns Comon) in the Hand of our Town Treasurer & to make sale of sd Land & execute a Deed of the same in behalf and to the use of sd Town, We have Proceeded & Sold sª Land to Joseph Crossbey Esqr. for the sum Sam" Savil was to give & the Interest thereof from the date of sd Deed to M' Savil, deceased & delivered the same sum to our Treasurer.
Eben". Adams James Penniman Comttee Seth Copeland The above Report was voted accepted.
Braintree March 1ª. 1762.
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