USA > Massachusetts > Plymouth County > Plymouth > Town annual report of Plymouth, MA 1743-1783 (vol. 3) > Part 6
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May your Excellency, Be Long Continued In the Chief seat of Government. over this Province, and may your Ad-
PLYMOUTH RECORDS. 65
ministration be easy to yourself and at all Times acceptable to the People; That so the people may as with one voice Testifye their Greatfull acknowledgements for the same as we cincerely do upon ye Present occasion, which is sub- mitted By the Committe.
James Hovey Perez Tilson Thomas Foster.
[143.] At A Town Meeting Assembled and held In the Court House In Plymouth on Monday the 10th day of September Anno Dom: 1754 Joseph Lawrence Ebenezer Nelson Saml Jackson & Thomas Morton were chosen to serve on the Jury of Trialls at the next Court of Generall Sessions of the Peace, and Court of Common Pleas next to be holden at within and for the County of Plymouth, on the Last Tuesday of this Instant September.
At a Town Meeting Assembled and held In the Court House in Plymo on Monday the 9th Day of December Anno Domini 1754, Elias Trask Joseph Smith and Lemuell Churchell were chosen to serve on the Jury of Tryalls at the Next Court of Generall Sessions of the peace and Court of Common Pleas Next to Be holden at Plymouth Within and for the County of Plymouth on the Third Tuesday of this Instant December.
At a Town Meeting Assembled and held in the Court House in Plymo on Monday the 17th Day of February An- no Domini 1755.
At sd meeting Doctr Lazarus LeBarron was Chosen Modderator, & James Hovey chosen Clerk for the Day and sworn Before Robt Brown Esqr.
At sd meeting Joshua Bramhall and Jabez Shurtleff chosen To serve on the Grand Jury for the year Ensuing.
And Jonathan King, George Holmes and Samuell Elles Chosen To Serve as Pettitt Jurors at the Inferiour Court of Common Pleas and Court of Generall Sessions of the Peace, Next to be holden at Plymouth the first Tuesday of March Next.
At a Town Meeting Assembled and held In ye Court House in Plymouth on Monday ye 3d day of March Anno Domini 1755.
At sd Meeting Doctr Lazarus LeBarron was Chosen Moderator and sworn Before Thomas Foster Esqr, and Saml Bartlett Esqr Chosen Town Clerk & sworn Before Thos Foster Esqr.
5
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PLYMOUTH RECORDS.
And Messrs Thomas Foster Esqr Lazarus LeBarron James Hovey John Torrey and Perez Tilson chosen Select- men, and Messrs John Torrey Joseph Bartlett Junr & Perez Tilson chosen Assessors.
And Thomas Foster Esqr chosen Town Treasurer and sworn Before Saml Bartlett Esqr.
And Then The Town Voted That in ye choice of Con- stables one to be on ye Northward of ye Town Brook so Called, and one between that and ye South Precinct, and one in sd South Precinct; the majr part of ye votes in Each Division or District Respectively shall be ye Constables Chosen, And that ye Constables shall be allowed Six pence on ye pound for Collecting and paying in ye Taxes, to them Commited, provided they seasonably give Bonds, to save harmless and Indemnifye the Town, from all Charges & Damages, that may accrue by their failure. And then Voted that ye Constables, shall be Collectors. And then Isaac Doten James Clark and William Clark was chosen Constables.
Isaac Doten Come Into ye town meeting and manifested his Refusall to serve as Constable and Denyed paying the fine by Law Required for Refuseing to serve in sd office, for Reasons he then mentioned. A vote was then Called to know the Towns mind if they would choose a man to Prose- cute ye sd Isaac for his sd Refusall; voted in the Negative.
The Town proceeded and made Choice of Ebenezer Don- ham, to serve as Constable in the Room of Isaac Doten who Refused.
At sd meeting Lemuel Jackson James Howard Benjamin Barnes Joshua Swift James Holmes & Benja Cornish were Chosen Surveyors of ye highways, and Thomas Jackson Junr Silvanus Bartlett Lemuell Drew William Torrey Lemuell Bartlett Jonathan Samson and Thomas Bumpus were chosen Tytheingmen.
[144.] March meeting Continued from the other side. At sd Meeting Messrs Elisha Holmes Jeremiah Howes Josiah Churchell Nathaniel Torrey Elkanah Watson and John Churchell were chosen Fence Viewers & Field Drivers. And Josiah Rider Solomon Atwood Gershom Holmes Samuell West Daniel Diman Josiah Carver Thomas Mor- ton Josiah Churchell Ezekiel Morton Jonathan Bartlett & Isaac Harlow chosen Hogreeves.
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PLYMOUTH RECORDS.
And John Harlow Job Morton and Silvanus Bartlett chosen Surveyors of Lumber.
And David Turner and John Kempton Measurers of Timber Plank and Boards.
And Joseph Morton & Ebenezer Spooner Sealers of Leather.
And Abraham Jackson & Benjamin Cornish chosen to take care of ye Deer Act agreable to ye Law of the Province.
And Thomas Bartlett Jeremiah Howes & Ezekiel Morton chosen to take care of the Beach Agreable to the Province Act.
And Messrs Thomas Spooner Nathan Delano Thomas Foster Esqr Elkanah Watson & Perez Tilson was chosen a Committe to Examine and see what Common Lands there is at the Water side Belonging to the Town; and to make Re- port to the Town at ye adjournment of this meeting.
As to that parragraff in the warrant for this meeting Re- specting the street Between the South East Corner of the House wherein Francis Howard now Dwells, and Deacon Torreys in sd Town. The Town Voted as follows viz : Whereas the street Between Mr. Ebenezer Spooners and Deacon John Torrey in Plymouth is very muddy and by means thereof often times it is Difficult to pass the same, which is principally Caused by Sundry peoples Diging up and Carrying away the mud, Dirt or Earth out of ye same street, whereby the same is in many places Hollow and the water (in a Rainy Season) stands in sd Hollows and Can- not Run out of the same street, for preventing whereoff and for makeing the said street more passable Voted, That no person or Persons Hereafter (without License first had & obtained from the Selectmen of sd Town for the time being or the Major part of them) shall presume to dig up or carry away any mud, Dung, Dirt or Earth out of the sd street or any part thereof under the penalty of Ten Shillings for Every Load of Dung Mudd Dirt or Earth, so dug up or Carryed away And so in the same proportion for a Greater or Lesser quantity To be Recovered by the Treasurer of the said Town for the time being & to be applyed for the use of the poor of sd Town. And that Parents and Masters shall be subjected to ye sd Penalty for their sons and Servants that may be guilty of diging up and Carrying away Dirt, Earth, Mud or Dung as aforsd. Provided that
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PLYMOUTH RECORDS.
Nothing herein Contained shall be Construed to Extend to the Surveyor or Surveyors of the highways in sd Town for the time being or any person or persons under ye sd Survey- or Diging up or Carrying away Dung within the Limits aforsd. This Act to stand in force three years next from the date hereof.
And then the Town Voted That Saml Bartlett Esqr pre- pare a Coppy of this vote and present the same to ye Jus- tices of ye quarter sessions at the Court of Generall Sessions of the Peace next to be holden at Plymouth within and for ye County of Plymouth for their approveing the same.
And as to the affair of Examining into the Town Treas- ury Relateing to fines Recd by ye Severall Justices as men- tioned in the warrant, Voted that ye Town Treasurer make out a coppy of what fines he has heretofore Received of the Severall Justices and Lay it Before the Town at ye Ad- journment of this meeting.
And then this meeting was Adjourned to Monday the Twenty fourth day of this Instant March at three of the Clock in the afternoon.
[145.] At A Town Meeting Assembled and held In the Court House in Plymouth on Monday the 24th day of March Anno Domini 1755, By Adjournment from the 3d day of this Instant March.
At sd meeting William Clark who was Chosen Constable appeared and accepted to serve in sd office, and accordingly was sworn Before Saml Bartlett Justc Peace.
And Ebenezer Donham who was Chosen Constable also appeared and Refusd to serve as Constable for Reasons Given. A Vote was Called to Know if the Town would proceed to Choose a man to prosecute sd Donham for his sd Refusall. Voted in the Negative. And then the Town proceeded and made choice of Isaac Doten to serve as Con- stable. sd Doten Refused to serve and also Refused to pay a fine. A vote was Called to Know if the Town would choose a man to prosecute sd Doten (for his Refusall as aforsd) Voted in the affirmative and made choice of Deacon John Torrey to prosecute sd Doten for ye same At the next Inferiour Court of Common Pleas or Court of Gen- erall Sessions of ye peace to be holden at Plymo within and for ye sd County of Plymouth on ye 3d Tuesday of May next. The Town proceeded and made choice of John
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PLYMOUTH RECORDS.
Kempton to serve as Constable who Refused to serve for Reasons given. A vote was Called to Know if the Town would Choose a man to Prosecute sd Kempton. Voted in ye Negative. Then the Report of the Committe appointed the 3d of March (To Examine & see what Common Lands there is at ye water side Belonging to ye Town and Report there- on) was Read-which is as follows viz :
The Committe Appointed by the Town of Plymouth at their Town Meeting upon the first Monday in March 1755 to see what pieces of Land the Town have yet Lying as Common which may be Convenient for the Town to sell being part of the Land Called ye mile & half Land; have at- tended that service and find there is a piece of Land at the waterside westward of Bartlett & Davises Lot & Northward of David Turner's Lot. A part of David Turner's workhouse stands on part of ye same. The Lott of Land Contains about 18 or 20 feet in Breadth and about 45 feet in Length. £ Also a small piece of Land to ye south- ward & westward of Benja Bartlett his Coopers shop, be- tween the Two Roads. Also a piece of Land above the Road to ye Northward of Elkanah Watson his Coopers shop Twelve feet in weadth from sd Road to John Crandon's Lott; also ye same weadth below ye way Between sd Wat- sons & Capt Allens Lott; also a piece of Land at Wellingsley which Deacon Bartlett now Improves to set fish flakes upon and which was last Leased to Mr. Thomas Spooner, and he paid ye Town the Rent for divers years the Bounds of sd Land may be found on ye Town Records. All which pieces of Land the Committe are of opinion would be best for the 'Town to sell In such way or Method as the Town shall think most proper.
The committe are further of opinion, that as there is a Considerable Common upon the point that Leads to ye Swing Bridge, and the point is almost washed away with the Repeated Storms, that it must be convenient for the Town to make some proposalls to Persons that have a mind to take up that Land & for the Town if they think it Con- venient to give the Land to such Persons as should appear to take it on Condition of their Building a good Causway to sd Bridge and Keeping the same in Repair. All which is Humbly Submited by us.
Plymouth March 24 1755.
Thomas Spooner Nathan Delano
Elkanah Watson
Thomas Foster
Perez Tillson
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PLYMOUTH RECORDS.
Then The Town Voted ( Inasmuch as its a Thin Meeting) That the affairs of ye abovesd Report of ye Committe Re- specting the Common Lands and all Matters thereon de- pending, be adjourned and put of till the Town Meeting to be held in the month of May next.
The Town proceeded and made choice of Abial Shurtleff to serve as Constable. sd Shurtleff Refused to serve or to pay his fine. Then ye Town voted that they would not choose a man to Prosecute him.
[146.] Then the Town Voted to Choose a Committe to Examine into ye state of the Town Treasury in Generall and particularly what sum is due to the Town for Principall, and what for Interest ariseing by ye sale of *the mile & half Land (so Called) and how the same is appropriated, and how the Interest of sd Principall has been paid & applyed. And to make Report at the Town Meeting to be held in May next. The Committe for that purpose chosen are Messrs James Hovey John Torrey & Perez Tillson. Then the Town proceeded further to choose a Constable, and made choice of Silvanus Bartlett to serve as Constable; and he de- clines serving and is subjected to the penalty of ye Law in that case made & provided, the sum of five pounds which he promised to pay Tomorrow (sd Silvanus paid sd five pounds to To Foster Esqr Town Treasurer March Ist 1756).
And then the Town Voted & made choice of John Churchell to serve as Constable. He appearing Refused to serve or to pay a fine; And the Town made Choice of Mr. Nathl Foster to prosecute sd John Churchell for his sd Re- fusall at ye next Inferiour Court of Common Pleas, or Court of Generall Sessions of ye Peace to be holden at Plymouth on ye Third Tuesday of May Next.
At sd meeting the Town Voted That a Committe be chosen to wait upon the Severall Justices Inhabiting within the Town of Plymouth with the Towns Desire That they would Respectively pay into the Town Treasury of sd Town such sums of money as they have Received for fines of any particular person or persons, and that are by Law appro- priated to the use of the poor of sd Town; and to make Re- port of their Doings, at ye Town Meeting to be held here
* The mile and a half is described in a foot note on page 296 of the first volume.
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In May next. And voted that Messrs Thomas Spooner, John Torrey and Perez Tillson be the sd Committe.
At sd Meeting Daniel Diman was chosen Constable, and sworn Before Saml Bartlett Justs of the peace.
And Thomas Lanman chosen Hogreeve.
At A Town Meeting Assembled and held In the Court House in Plymouth on Tuesday ye 29th day of April Anno Domini 1755.
At sd meeting Mr. James Hovey Chosen Moderator.
At sd Meeting a vote was Called to Know the Towns mind if they will allow and Give Liberty for the Catching of Alewives to Pickle & Barrel up for a market, In any of the Streems or Rivers within ye sd Town of Plymouth. Voted in the affirmative. And voted that no Alewives shall be Taken to Pickle and Barrel up for a Market, in the Town Brook so Called.
And then voted The Liberty to take and Barrell up Ale- wives for a market in ye streem that Extends up through Sandwich to ye Pond or Ponds (within ye Limits* of ye Town of Plymouth) Called the Great Herring Pond and the Little Herring Pond. And then a vote was Called To Know if the Town would give Liberty for the takeing of alewives to Barrell and Pickle up for a Market in the streem or Brook that Leads into ye half way Pond from Wareham. Voted in the affirmative. All To ye Regu- lated, By the Late act of this Province.
* At various times claims have been made by Plymouth for a share in the herring pond fishery and petitions to that end have been pre- sented to the Legislature. The claim has been denied chiefly on the ground of the following entry in the Plymouth Colony Court orders, dated June 7, 1670: "The Court having appointed Mr. Thos. Hinckley, Thos. Dexter, Senior, and Mr. Constant Southworth to settle the bounds between Plymouth and Sandwich, these are to certify, That the men above menioned have, with the concurrence of the agents of the towns abovesaid, agreed and determined the bounds to be as follow- eth, viz .: that the town of Sandwich shall run three quarters of a mile from any part of the fence of John Ellis his field, between his house and the sea, upon what point of the compass they please; and at the end thereof to pitch their stake, and thence to run a northeast line to the sea, and a southwest line into the woods; only in case a southwest line from the said stake shall cut of any part of the Herring River, to deprive the town of Sandwich of the benefit of the alewives, that then the said line shall run more westward, to clear the said river unto the town of Sandwich. In witness whereof they have hereunto set their hands, this nineteenth of February, 1663.
THOMAS HINCKLEY, THOMAS DEXTER, CONSTANT SOUTHWORTH.
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PLYMOUTH RECORDS.
At a Town Meeting Assembled and held In the Court House in Plymo on Monday ye 5th day of May Anno Domini 1755 for ye choice of Jurors.
At sd Meeting Lemuell Morton Benjamin Cornish Junr . Solomon Bartlett and Josiah Johnson were chosen to serve, on the jury for Tryalls, At ye Inferiour Court of Common Pleas, and Court of Generall Sessions of the Peace next to be holden at Plymouth on the Third Tuesday of this Instant May.
[147.] At A Town Meeting Assembled and held In the Court House In Plymouth on Monday the 19th day of May Anno Domini 1755.
A vote was Called to Know the Towns mind if they would Choose Two Representatives to serve them at the Great and Generall Court to be holden at Boston, on the 28th day of this Instant May. Voted in the Negative.
Then Voted that they would send one Representative; and made choice of Thomas Foster Esqr to Represent them at ye Great and Generall Court abovsd the year Ensuing. The previous oath Respecting ye other Government paper money, Administered to him by Samuell Bartlett Esqr.
Then the Town proceeded and made choice of Robert Brown Esqr Moderator for this Meeting.
At sd Meeting the Town made choice of Messrs James Hovey Deacon John Torrey and Perez Tilson to be a Com- mitte to make sale of (for the Town's use) the severall spots or percells of Land, The Town have yet Lying as Common at or near the Waterside, (Being part of the mile & half Land so Called) and is the particular pieces of Land Below mentioned viz : A piece of Land Lying Westward of Bart- lett & Davis's Lott & Northward of David Turners Lot. A part of David Turner's workhouse stands on part of the same, said piece of Land containing about 18 or 20 feet in Breadth and about 45 feet in Length. Also a small piece of Land to ye southward and Westward of Benjamin Bart- letts Coopers shop between the Two Roads. Also a piece of Land above the Road to the Northward of Elkanah Wat- sons Coopers Shop twelve feet in weadth from sd Road to John Crandon's Lott, also the same weadth Below ye way, Between sd Watsons & Capt Allens Lott. And also the Common Land belonging to ye Town, being the Beach or point of Land adjoyning to ye Northerly side of ye Swing
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PLYMOUTH RECORDS.
Bridge so Called. Sd Land to be sold at Publick Vandue to the highest bidder or bidders. The Town voted that the affair Respecting the state of ye Town Treasury and mile and half Land (so Called) as Entered the 24th of March Last Be Referred to ye next Town Meeting, that may be Called for ye Raising of money. And also Respecting the Vote passed ye sd 24th of March and Committee Then Chosen to waite on ye Severall Justices Relateing to ye fines they have Received be Referred to ye abovsd next Town Meeting.
At sd Meeting the Town Voted That a Comittee be Chosen to take into Consideration the Land in Dispute Be- tween the Town and Deacon Joseph Bartlett to Repair to ye spot to hear and Examine into his claim thereto. And to Examine into ye Towns Records Concerning the Towns Right to the premises and the value thereoff; and to Examine into any other Evidence Relateing to the Premises on Either side; and to Report what they think proper for the Town to do thereon at ye next Meeting for Raiseing Publick Money.
And then the Town proceeded to make choice of a comitte for that purpose, and the persons chosen were Thomas Foster Esqr Thomas Spooner John Torrey Nathan Delano and Capt. Josiah Morton To be the sd Comitte.
And as to the Beach, to the Northward of the Swing Bridge, mentioned in the Comittes Report of the 24th of March Last. The Town voted that affair to be continued to ye abovsd Meeting for Raiseing Publick money.
At a Town Meeting Assembled and held in the Court House in Plymouth on Monday June ye 23d Anno Domini 1755.
James Hovey chosen clerk for sd Day and sworn Before Thomas Foster Esqr.
At sd meeting Messrs Thomas Spooner John Torrey Ne- hemiah Riply & Benj Bartlett were Chosen To serve on the Grand Jury at the Next Superiour Court of Judicature &c To be holden at Plymouth Within and for the County of Plymouth on the Third Tuesday of July Next.
And Capt Nathan Delano Deacn Elisha Holmes Silvanus Bramhall John Churchell John Blackmer and Ebenezer Don- ham Ware Chosen To serve on the Jury of Tryalls at said Court.
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PLYMOUTH RECORDS.
[148.] At A Town Meeting Assembled and Held In the Court House In Plymouth on Monday the first day of September Anno Domini 1755.
Thomas Foster Esqr was Chosen Moderator & sworn Be- fore S. Bartlett Esqr.
At sd Meeting Thomas Davee & David Turner Junr was chosen to serve on the Petit Jury for Trialls at ye next In- feriour Court of Common Pleas & Court of Generall Ses- sions of ye peace to be holden at Plymouth within & for ye County of Plymouth on the Last Tuesday of this Instant September.
At sd meeting The Town Granted and voted to Raise the sum of One Hundred & Six Pounds thirteen shillings & four pence money to Defray ye needfull charges of ye Town this Currant year.
Then This meeting was adjourned to Monday ye 22nd day of September Currant at Three oClock in the afternoon.
And all other matters and things, depending on that was Continued to this meeting are Continued to ye adjournment as above.
At A Town Meeting Assembled & held in the Court House in Plymouth on Monday ye 22d of September A Domini 1755 pr adjournment from the first Day of this In- stant Septembr, Meet and further adjourned To the 24th Day of November Next At Two of the Clock afternoon. At a Town Meeting Assembled and Held In the Court House in Plymouth on Monday the Eighth day of Decem- ber A D 1755 For ye Choice of Petit Jurors.
. At sd Meeting Thomas Bartlett and Silvanus Morton were chosen to serve on ye Jury of Tryalls at the Inferiour Court of Common Pleas and Court of Generall Sessions of the Peace Next to be holden at Plymouth on the third Tuesday of this Instant December.
At a Town Meeting Assembled and Held in the Dwelling House of Samuel Bartlett Esqr of Plymouth in Plymouth on Monday the 23rd Day of February A D 1756. By ad- journment from the Court House in Plymouth.
At said Meetting John Waterman & Robert Bartlett were chosen To serve on the Grand jury for the Ensuing year.
And Lemuel Churchell and William Ryder were chosen To serve on the Pettit Jury at the Inferiour Court of Com- mon Pleas and Court of Generall Sessions of the Peace Next
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PLYMOUTH RECORDS.
to be Holden at Plymouth on the first Tuesday of March Next.
To the Selectmen of the Town of Plymouth. Haveing sent Part of My Goods To Plymouth and Purposeing to Re- move the Rest (With my family) Ere Long, and in the Mean Time Expecting to be Considerably Resident in the Town, These are therefore To Request you that I may be Admitted an Inhabitant of Plymouth and (as such) Inrolled in the Town Books, the Law authorizing you To Receive In- habitants. And You'll oblige.
Yours To serve Febry 25th 1756 John Cotton.
Wee the Subscribers, Selectmen of the Town of Plymo Do approve of Mr. John Cottons Being an Inhabitant of said Town. Given under our Hands at Plymouth Febry 27th 1756.
James Hovey Lazarus LeBarron Thomas Foster John Torrey Selectmen of Said Town.
At A Town Meeting Assembled and Held In ye Court House in Plymouth on Monday the First day of March A Dom 1756.
Doctr Lazarus LeBarron was chosen Moderator.
And Samuel Bartlett Esqr Chosen Town Clerk and sworn Before Thomas Foster Esqr Justs of ye Peace.
And Messrs Thomas Foster Esqr Lazarus LeBarron Jo- siah Morton John Torrey and George Watson Esqr were Chosen Selectmen.
And Messrs Joseph Bartlett Junr John Torrey & Perez Tilson were Chosen Assessors.
And Thomas Foster Esqr Chosen Town Treasurer.
And then ye votes was Brot in for a County Register and seald up in open Town Meeting By Constable Daniel Di- man.
[149.] And then the Town Voted for a County Treas- urer which Votes was also sealed up In open Town Meeting by Daniel Diman Constable.
At sd Meeting the Town Voted to accept of the Com- mittees Report Respectg the Town Treasury &c as Entered March ye 24th 1755. Which Report is as followeth, viz :
The Committe To Whome the Town of Plymouth (at
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PLYMOUTH RECORDS.
a meeting held by adjournment at Plymouth the 24th of March Last) Refferred the Examination into the State of the Town Treasury in Generall and Particularly What sum Was Due for Principall and What for Interest Ariseing by the sale of the Mile and Half Lanas so Called and How the same is Appropriated and how the Interest of said Principle has Been Applyed haveg attended that service Do Report as Follows, viz: That on the first of February 1741 Have- land Torrey Lazs LeBarron & Isaac Lothrop Junr a Com- mitte for this Purpose Chosen, Adjusted the Town Treas- urers Accounts, and then as appears by their Report on Record in the Towns Book there was a Ballance of 60-15-6 old Tenour Due from the Treasurer To the Town To Bal- lance the Towns Generall Account on the Treasurers Book and that there was Due from the Treasurer To Ballance the Poors Accot on said Book 1-6-3d. But upon Inspecting said Book Wee find that said Committee under their hands their say that the Ballance of said Generall Accot was 39-5-8d of the same Currency and the Ballance of the Poors Accot was 1-16-3d. Both of which sums We find the Present Treasurer Received of the Executors of the Pre- ceeding Treasurer and no more; and are of opinion he ought to be Charged only with sd sums.
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