USA > Massachusetts > Suffolk County > Boston > Report of the record commissioners of the city of Boston, containing the Boston records from 1700 to 1728 > Part 3
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Ordered, That from hence forth the Seleet men for the time being
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BOSTON TOWN RECORDS, 1701.
shall have power and liberty to lease out to rent any of the Towns lands or buildings that are or shall be to be rented for any term of years not exceeding Seven years [253.] and no longer without a special vote of the Town, for longer time.
Ordered, That at every Generall Town meeting there be a Mod- erator chosen, who shall propound all affaires to be debated, and put them to vote when they have been so debated, and to demand and keep Silenee and attention in the assembly. And that no matter of any weight or moment shall be voted at any Town meeting, without the same hath been specially exprest in the warrant re- quireing sueh meeting, or propounded at the begining of the meet- ing, that so consideration may be had of the matter before it be voted.
That whosoever at any Publiek Town meeting shall fall into pri- vate conference to the hindering of the Publick business, shall forfeit one shilling for every such offeuce, to the use of the poor of the Town.
That whosoever at any Publiek Town meeting shall neglect to observe the directious or request of the Moderator for the time being to keep Silence, shall forfeit and pay five shillings for the use of the poor of this Town of Bostou for every such offeuce.
Ordered, That there be Annually or yearly chosen in the Moneth of March when other Town Officers are chosen, a person who shall be Stiled a Canouneer. whose Office shall be to take and keep the aecompt of Great Artillery that do or hereafter may belong unto this Town, and also to keep and Look affer the Towns stoek of powder and receive in and give out the same, according as he shall receive direction from the Select men for the time being.
May 20th 1701. Samuell Sewall Esq". & Hannah his wife grants unto the Town of Boston a certaine strip or Slip of Land fenced & layd out for a High way or Street runing through their feild or pasture at the Northerly end of Boston ealled by the name of Hull Street containing in Length about thirty rodds in breadth at the easterly end Twenty two foot next the Green lane, and at the westerly end Twenty five foot. Reserveing liberty to fence in two foot in breadth thereof upon the South'y Side, as p' a Deed under thier hands and Seales doth more fully appear, and Entred wth the Records of deeds for the county of Suffolke Lib. 20. pa 265.
[254.] Septemb' 22th. 1701. At a Generall and Publiek Meeting of the Inhabitants of the Town of Boston being this day convened at the Town house upon due warning according as the Law directs. Pen Townsend Esquir being then chosen Moderator for Said Meeting.
Voted that the Select men of this Town are impowered to Assign and affix Names unto the Severall streets & Lanes within this Town, so as they shall judg meet and convenient.
At a meeting of the ffreeholders and Inhabitants of the Town of Boston duly qualified to Act and Vote in Town affaires being Orderly warned & Assembled the Twenty Seacond day of Septem- ber Anno Domi 1701
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CITY DOCUMENT No. 137.
The Severall Rules orders and By-Laws were then Openly and distinctly read Over, voted, made & Established by the aforcsaid ffreeholders and Inhabitants of the Said Town to be Observed and Kept by all persons Inhabiting in or within the Said Town (for the year Ensneing and untill the ffrceholders and Inhabitants thereof, shall hereafter by their Vote and Order, deelare, repeale, and make voyd, the same, or any of them) under the Severall and respective paines and penaltyes to them or any of them Annexed and prescribed.
Ordered that no person or persons do presume hereafter to carry fire from any house or place within the Said' Neck or Town of Boston unto any other House or place within the same, but in a Warming pan, or other Safe Vessell well covered So as to Seeure the Said fire from the wind, and from being seattered by the way, or in the Streets or Lanes therof on Paine that every person therein offending shall forfeite and pay for the use of the poor of Said Town the Sum of One shilling.
Ordered, that the Seleet men for the time being upon complaint to them made or otherwise upon their own knowledge of any defective Chimney or chimneys within this town, do from time to time take Effeetuall care to have the same Inspected and veiwed, and order the same to be Speedyly amended and repaired (if it may be done) or taken down on paine of the forfeiturc of Ten Shillings a moneth by the Owner thereof that shall negleet to ob- serve and perform such order of the Select men being declared to him or them and Entered of reeord, unless the Season of the year will not admit of the Amending and repaireing of the Same, And in Such case the Oecupier thereof shall forbear to make or keep any fire therein on penalty of Twenty Shillings for every such offence and if any Chimney happen to take fire so as to flame out at the Top thereof the Oecupier of such Chimney shall forthwith forfeit and pay the Sum of Ten Shillings.
[255.] Ordered, that whosoever shall kindle or make any fire open or abroad within Two Rodds of any wooden house, warehouse, woodpile or any other combustable matter Subject to take fire - (Except in Ship Carpenters building yards, set worke coopers and Rope makers workes, a earefull person standing by to watch the Same.) Shall forfeit and pay the Sum of Ten shillings to the use of the poor of the town.
Provided also that this order shall not be understood or intended to debarr or hinder any tradesmen or others from kindleing Char- coal in a pot or pan out of doors nigh their house or Shop, at any time dureing the day light, and provided also that some earefull person stand by to watch the same while it shall be continued in the open Air.
Ordered, That every Master of any Vessell Lying at or neer any wharfe, on board of which fire shall be kept burning after Ten of the eloek at niglit, or be kindled before five in the morning shall forfeitc the sum of Six Shillings.
Ordered, that every Householder Rateable at Twenty pounds Estate besides the Poll, from time to time and at all times hereafter
1 Underlined in original.
.
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BOSTON TOWN RECORDS, 1701.
Shall be provided with a sufficient Pole of Twelve foot long or more. with a Large Swabb fastened at the end thereof, Or with a Safficient hand Engine Sutable for the Quenehing of fire, on paine of forfeiting the Sum of five Shillings for each neglect or not Shew- ing forth the same upon demand unto the Offieer which shall be appointed by the Seleet men to Inspect the same, within two moneths after notice given them to provide the aforesaid Pole, Swabb. or other Sufficient hand Engine in.
Ordered1. That from hence forward, no person or persons shall keep any Gun powder of greater quantity than Tweny pounds weight in any warehouse. dwelling house or Shop within this Town, but in such place or places as his Maj. ties Justiees of the Peace with- in this Town and the Seleet men for the time being shall appoint or approve of for that purpose. on penalty of forfeiting the Sum of Ten Shillings for every week that any person or persons Shall keep Gun powder contrary to this order. after the said Justiees and Select men have Signified thier appointment and assignment of some place or places for keeping the Same.
Ordered, that no cooper or coopers within this Town shall fire or burn their cask in any shop, warehouse or other place then in a Sufficient briek or stone Chimney made convenient for that use, On penalty of forfeiting the Suin of Ten Shillings for every Offence contrary to this order.
[256.] Ordered, that no Bnteher by himselfe, wife, or Servant, shall weigh and Sell any dead meat by Steelyards, but shall within two months after Publieation of this Order be Provided with good and Sufficient Seales and Sealed weights, and sell and weigh their meat thereby and no otherwise upon pain of forfeiting the Sum of Ten Groats for every Transgression, and five Shillings p' week while he or they continue deficient of such Scales & weights as aforesaid. And that every person and persons who shall carry forth any dead meat to sell in a wheelbarrow or otherwise, shall weigh and Sell Such meat by good and Sufficient Seales and Sealed weights and no other wise on Pain of forfeiting the Suin of Ten Shillings for each Transgression of this order.
Ordered, that no person what soever shall carry or cause or suffer to be earryed or east any dirt, dung Garbidge Carrion, Shreds, Shaveings, filth. Soyl. or Rubbish, or any thing that may be an Annoyance. out of their Houses, shops, yards, back Sides or any of the dependanceyes thereof and cast or Lay the Same in any of the Streets, Highwaves Lanes or Alleyes within this neek of Boston on pain of forfeiting the Sum of Two Shillings for every such offenee. Nor shall any person Incumber or anoy any street, Lane or Alley within this Town by Laying any Stones, Earth, Timber, Boards, Firewood, or other Lumber therein, and suffer the Same to lie there above the Space of forty eight hours under the Penalty of five Shillings for every Such offence and five Shillings more for each forty eight Hours, he or they Shall Suffer the Same to lie there. Provided that this order shall not be understood to debarr or hinder any of the Inhabitants (who in case of building any houseing or digging any Cellar or well) of the liberty of Laying their Rubbish or Materialls for Such buildings, wells, or Cellars, Such farther
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CITY DOCUMENT NO. 137.
time and and in such part of the Streets and Lanes as shall be farther granted them by the Select men for the time being or any two of them.
Ordered, That no Butcher Shall Suffer any Guts, Garbidge, or other filth to be cast or brought out of his or their Shop, Slaughter house, or other place of Killing and Suffer the Same to be Layd or Lie in any Street [257.] Lane or alley or near thereunto on pain of forfeiting the Sum of five Shillings for every Transgres- sion of this order.
Ordered, That no person whatsoever shall hereafter Ercet or Set up any House of Office or Easment within this Town (or Suffer the same to continue being already set up or standing) within forty foot of any Street Lane or Highway or the dwelling house shop, or well of any neighbour, unless the same be vaulted Six foot deep, and Sufficiently enclosed or other wise secured, on pain of forfeit- ing the sum of Twenty Shillings for every Transgression of this Order, and the Like Sum of Twenty Shillings for every three moneths it shall So continue.
Nor shall any person from and after the end of October Annº One thousand Seven hundred and one, Keep any Hogg or Swine in any Hogg stey within Twenty foot of any Highway, Street, Lane or Alley within this Neck of Boston, or of the dwelling house or Shop of any Neighbour on penalty of Ten Shillings for every Transgression of this order and Ten Shillings for every moneth such hogg or Swine shall be kept and continued in Such Stey, Unless in such place where the dung or filth runs into the Sea or Salt water.
Ordered, That whosoever shall at any time hereafter use the Exercise of Playing or kicking of foot ball within any of the Streets or Lanes within the body of this Town shall forfeit and pay the Sum of one Shilling for every Transgression of this order. Nor shall any person hereafter fire or throw any Squibb or Squibbs, Rocket or Serpent or other fireworkes, in any of the Streets, Lanes or highwayes of this Town, on paine of forfeiting three Shillings for every such offence. Nor shall any person throw or heave any Snow ball or Snowballs1 or Stones at any person in the Streets, Lanes, or Allyes of this Town or into or against any house or houses or Shop, on paine of forfeiting One Shilling for every Trans- gression of this order.
[258.] Ordered, That no person shall hence forth make & fire any Lime Kiln, or Erect and burn any Brick kiln, but in Such place or places as the Select men for the time being Shall Approve and allow of, on penalty of Twenty Shillings to be paid by every person transgressing this order.
Ordered that no person shall hence forth break or digg up the Ground in any of the Streets, Lanes or highwayes in this Town, for the Laying or repairing of any dreine or any other Ocation, without the Leave and approbation of two or more of the Select men for the time being, on pain of forfeiting the Sum of Twenty Shillings for every such offence. Further that whosoever Shall digg or cause to be digged and broken up any ground in any
1 Underlined in original.
21
BOSTON TOWN RECORDS, 1701.
Street, Lane or Highway within this Town, shall within sueli time as any two or more of the Select men for the time being Shall grant after the Same is broken up, cause the same to be sufficiently repaired and amended to the Satisfaction of the Seleetmen. On pain of forfeiting the Sum of Twenty Shillings, And also the Suni of Twenty Shillings p' week untill the Same be amended and re- paired as aforesaid. And any person who hath heretofore at any time digged or broken up any of the ground in the Streets or Lanes and Not yet Sufficiently repaired the Same, and shall neglect so to do for the Space of One Moneth after the Seleet mens Noti- fieing them thereof shall forfeit and pay the Suin of five Shillings p' week till it be Amended & Repaired.
Ordered, That no person Suffer their yards, Orchards, pastures or Tan yards to lie open, where there is a well, Cellar, Tan pits or other pitts uneovered, on pain of forfeiting the Sum of ten shillings for every sueh offenee. and five Shillings for every week after till Such fenee be Sufficiently repaired and Amended or Sueh wel, pitts. or Celler be filed up or eovered.
[259.] Ordered, That no person dwelling or Residing within this Town of Boston shall by himselfe or others, buy contraet or bargaine for any sort of graine, meal. butter, fowls, mutton, veal, pork. Eggs, or any other Sort of provision, while it is bringing between Roxbery gate and the first turn of the Highway or Lane leading up to the Trayning field Except for persons y' Live between y and the sd. Gate for ther own family use, before two of the clock in the after noon, on penalty of five Shillings for every sueli offenee. Further that no Buteher shall buy or bargaine for any dead meat brought or bringing to this Town, or expose sueh meat to sale on penalty of ten shillings for every Transgression of this order.
Ordered, That at every Generall Town meeting there be a Mod- erater chosen, who shall propound all affaires to be debated, and put them to vote when they have been so debated and to demand and keep silence and Attention in the Assembly. And that no matter of any weight or moment shall be voted at any Town Meet- ing without the same hath been specially exprest in the warrant requireing such meeting or propounded at the begining of the meeting. that so consideration may be had of the matter before it be voted.
That whosoever at any Publick Town meeting shall fall into private eonferenee to the hindering of the Publick business shall forfeit one Shilling for every Such offence to the use of the poor of the Town. That whosoever at any Publiek Town meeting shall neglect to Observe the direction or request of the Moderater (for the time being) to keep silence, shall forfeit and pay two Shillings for the use of the poor of this Town of Boston for every Such offence.
Ordered, That the Town orders be put in Print.
Ordered, That whereas there hath been a defeet in the Consta- bles of this Town, in not returning the warrants for Assembleing Town Meetings to the great hinderanee of the Inhabitants. It is therefore Ordered that if at any time hereafter the Constables be
22
CITY DOCUMENT No. 137.
not Presisely at the time appointed for such meeting with the return of ye warrant for the calling of sd. meeting, every Such Constable : to whom ye warrant is directed, Shall forfeit & pay ye Sum of Ten Shillings for Such thier Neglect.
[260.] March ye 9th. 17012. At a Publick Meeting of the Freeholders and other Inhabitants of the Town of Boston duly qualified and warned according to Law being convened at the Town house the day aforesaid did then and there agree and by their Vote, Choose & declare as followeth viz.
Penn Townsend Esqr. to be the Moderater for this present meeting
Town Officers to serve for the year ensueing vizt.
Assessors Omited. The Town by their vote do refuse to choose Assessors distinct from the Seleet men.
Selectmen - Mes's. Robert Gibbs, John Marion, Joseph Prout, John Barnerd, Richard Draper, James Barnes, Gyles Dyer, Capt. Timothy Clark, Samuell Greenwood.
Town Clerk - Joseph Prout.
Overseers of the poor - Samuell Sewell Esq., Edward Brum- feeld Esq". Jeremialı Dummer Esq. mr. Sam11. Lynde, Cap. Ephraim Savage.
Messrs. Thomas Savage Jun. John Barrell, Nicholas Roberts, Thomas Hutchenson, Jonath" Pollard, Samuell Burrell, Adam Win- throp, Nicholas Moreock, wer chosen eonstables. [within ye. Town]
Messrs. Thomas Savage, Thomas Hutchinson, Jonathan Pollord, Adam Winthrop Refuseing to serve as Constables Messrs. Charles Chaneey, Edmund Knights, Samson South, John Bonus were ehosen Constables in their rom.
Upon Reasons Aleged by mr. Samson South he is by the Town vot Exeused fro Serving as Constble: this year.
Capt. Benja. Gillam is chosen Constable.
Messrs. Edmund Knights, John Bonus Refuseing to Serve as Constables Messrs. Thomas Child, John Gerrish were chosen Con- stabls in their room.
Jonathan Townsend is chosen Constable of Boston for the distriet of Rumny Marsh.
Soloman Phipps is chosen Constable of Boston for the Distriet of Muddy River.
Votes for County Treasur. being given in in writing were Sealed up and Commited to Constable Benja. Brame to be by him deliv- ered to the next Court of Quarter Sessions for ye County of Suffolke.
[261.] Messures : Richard Keats, Silence Allen, Abraham Blish, Stephen Minot, & Robert Cumbey wr. chosen Surveyors of Highwayes.
In". Edward Tuthill is chosen Surveyor of Highwayes for Rumny marsh.
Messures : Joshua Child, Thomas Stedman & Edward Devotion are chosen Surveyors of Highwayes at muddy River.
Messrs. David Langdon, Thomas Barnerd & Peter Wyer are ehosen Fence veiwers within this Town.
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BOSTON TOWN RECORDS, 17012.
Mess's. William Ireland & Samuell Townsend are chosen Fence veiwers for Romney marsh.
Mess". Ralph Shepherd & John Winchester are chosen Fence veiwers for Muddy River.
Mess's. John Forland, Samuell Pearse, William Keen, John Kilbey, Joseph Royall, and John Coiner, were chosen clarks of the market.
Messrs. John Maryon, Sent., Savill Simson and Joshua Lane were chosen Sealers of Leather.
Mess's. Samuell Lynd, William Gibbins, James Meeres, Daniell Eilin, and William Shipprevee wr. chosen Scavingers.
Mess". Henry Cole, Isaac Maryon, Samuell Gray, William Crow. Benjamen Emons Sent., Jacob Fernside & James Thornbery are chosen Hogg Reeves.
Mess's. Jabish Negus, John Eustice & Samuell Bridge Sent. are chosen measurer of boards & Timber.
Mess™s. Samuell Johnson, Allexander Sherwood & Job Ingram are chosen measurers of Graine.
Thomas Davise, Robert Shelston, Gabriel Warner & Ezekiell Gardener are chosen Cryers.
Capt. Timothy Clark is chosen Cannoneer.
Elisha Hutchinson Esqr., Penn Townsend Esqr. and John Foster Esqr. together with the Overseers of the poor are chosen a committee to consider of what methode may be taken for imploying the poor of the Town and to make report thereof at the next Gen1. Town meeting, And that the Said committee consider what may be done for the Lessening the charge of the Town and makeing the payment of rates more easie.
The Select men together wth. mr. James Taylor Town Treasu" are appointed to consider of Such bad debts owing to the Town which have been for some considerable time due and Standing in the Town Book, and are impowered to make Such abate'mt there- of as they Shall judg reasonable.
m'. James Taylor is chosen Town Treasurer.
mr. James Taylor is by the vote of the Town allowed fifteen pounds for his Service as Treasur for the year Last past.
Messures Pen Townsend Esq. Major Thomas Savage, Elizur Holyoke, Daniell Oliver & Capt. Bozoon Allen are chosen a com- mittec to audit the Treasurs. accots. for the year Ensueing.
The Select men are desired to get the Water Engine for the Quenching of fire repaired, as also the House for keeping the Samc in.
[262.] In answere to the Petition of Susana Striker for the relief of her Son being Greviously Afflicted with the Stone. The Town by their vote do grant the Sum of Ten pounds to be drawn by the Selectmen to be paid out of the Town Treasury towards defraying the charge of cutting her Said Son of the Stone.
It is Left to the Select men to order the repairing of the fortifi- cations within the Town, and to draw on the Town Treas. for de- fraying the charge thereof.
The raiseing of money for defraying the Town charges deferred, unto the next Gen11. Town meeting.
-
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CITY DOCUMENT NO. 137.
For the more orderly ehoyce of persons to serve on Juryes it is ordered, that the Selcet men do once a year present unto the Town a List of all persons whom they shall judg proper to Serve on Juryes. And at the Time of Such, chioyce the nomination shall be made out of the Said List and proposed to the vote of the Town in order to their chuseing or refuseing the persons so nominated, and this methode to continue and be observed for the year En- sueing.
Voted that the Seleet men, do take care to procure and provid Two water Engines Sutable for the Extingushing of fire, either by Sending for them to England or other wise to provide them for the use of this Town.
May the 12th. 1702. At a Publick meeting of the Free holders and other Inhabitants of the Town of Boston duly qualified & warned according to Law, being convened at the Town house did then and there Agree deelare and chuse as followeth vizt.
Penn Townsend Esqr. by the vote of the Town is chosen Mod- erater for this present meeting.
Mr. John White, Capt. Andrew Beleher, Capt. Samuell Legg & Capt. Samuell Checkey are chosen by the vote of the Town to Serve for and represent them in the Great and Gen11. Court or Assembly to be held on the 27th. of May.
mr. Robert Howard and mr. Thomas Fitch are chosen to Serve as Select men for the year Ensueing, the Said mr. Thomas Fitch deelareing that he eannot attend the Sd. Service Majr Thomas Savage is chosen to Serve as Seleet man in his room.
Samucll Haugh, John Souther, and Peter Wire are chosen con- stables for the year Ensueing, Peter Wire pleading his being sworn to the Office of Fence Viewer is by the vote of the Town Excused from Serveing as Constable for this year and Mr. Edward Oaks is chosen to Serve as Constable in his room.
Voted that the Province Bills of Credit Shall be accepted in payment as the Town Rates now to be granted.
Voted that Threc Overseers of the poor be added to the former Mr. Simion Stoddard Mr. ffrancis Thrasher and Mr. Robert Calef are chosen to Serve as Overseers of the poor for the year Ensueing.
[263.] Voted that the Sum of ninty pounds shall be paid out of the Town Treasury of the Stock now in hand towards proeure- ing of materialls for Setting the poor at worke as the Overseers of the poor shall direct.
Voted that the Town watch be continued as formerly untill the Twentieth of June next and for one year thence next ensucing except such time in the Intrim as a Millitary watch be keept in the Town.
Voted that the Sum of One Thousand pounds be assessed by the Select men on the Inhabitants & residents of this Town to be imployed in defraying the necessary charges of this Town for the year Ensueing, the charge of the wateh being included.
It being represented to this Town that as yet there hath been no Sufficient record made of the breadth of the Severall Streets and
25
BOSTON TOWN RECORDS, 1702.
Highwayes belonging to the Town It is Voted that the Select men do cause the Same to be measured and make a report thereof to the next Town meeting.
For keeping in Repaire the Pumps, wells &c. wch. arc or Shall be in the Towns Ground.
Ordered that every House holder or others who arc comonly known to make use of any of the pumps, wells or Cisterns, Stand- ing or being in any of the Ground Streets or Highwayes belonging to this Town, for their Supply of watter for their Ordinary Oca- tions, cvery such person Shall allow and pay unto such of the Neighbourhood whom the Select men Shall appoint to receive the Same. Such proportionable Sum or Sums of money, as the Select men for the time being Shall Assess him or her to pay, for the keeping Such well Cestern or pump in repaire, and to be imployed to ve Said use. On pain that every Such person who shall neglect or refuse the payment thereof for the Space of Six days after the Same is demanded Shall forfeit and pay double the value of Said Sum, to the use of the poor of this Town.
June the 3ª. 1702. At a Publick meeting of the Freeholders and other Inhabitants of the Town of Boston duly Qualified and warned according to Law, being convened at the Town House did then and there agree declare and chuse as followeth.
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