USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing minutes of the selectmen's meetings, 1799 to, and including, 1810 > Part 15
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The Board considered the application of James Bowdoin Esq. & a respectable number of Gentlemen a Commee respeeting the use of Faneuil Hall for a publie Dinner on the 4th. of July next & agreed to the following Billet to be sent MT. Bowdoin by the Chairman-
Sir
I am directed by the Seleetmen to inform you that they cheerfully consent to the request of the Gentlemen who have applied for the use of Faneuil Hall for a public Dinner on the
178
CITY DOCUMENT No. 93.
anniversary of American Independence provided it will not in- terfere with the arangement of the Cadet Compy. in the early part of the Day, which they doubt not may be made mutually eonvenient-
Boston ss: At a Meeting of the Selectmen April 27. 1803 Present Mess : Tilden Bulfineh, Porter Tileston, Hunnewell,
Passed upon other Accounts-
Warrant signed for May Meeting ---
Mr. Porter to wait on Revd. Dr. West to request his opening Town Meeting with prayer-
Mr. Newell to have the printing of the Notifications-
Boston ss : At a Meeting of the Seleetmen April 30th Present Mess's : Tilden, Porter, Tileston, Oliver, Bulfineh,
[148.] Mr. Richard Austin was chosen Sealer of Weights & Measures for the year ensuing, in the South Division-
Mr. Timothy Green was chosen Sealer of Weights & Measures in the North Division for the Year ensuing-their Districts or Divisions to be the same as last Year.
Boston ss : At a Meeting of the Selectmen May 3ª. Present Messrs : Bulfinch Porter, Tileston Oliver Hunnewell, Tilden,
Mª. Richard Edwards having applied that he may be appointed an Auehtioneer- 4. o Cloek a Special Meeting for taking up this matter is appointed-he was at said Meeting accordingly appointed-
Return was made by Mr. Obediah Thayer of the expence at- tending opening & repairing Common Shore in Sudbury Street, & the account thereof being duly examined by the Seleetmen is by them allowed ; they being informed at the same time by the said Thayer, that he had caused to be warned every Person eon- eerned in said Drain according to Law, & no objection having been entred to his proceeding ASSESSMENT was made thereon by the Selectmen an Order for payment was made out & delivered to the aforenamed Obed Thayer, which is as follows-Vizt .-
WHEREAS a Drain or Common Shore in Sudbury Street has been duly repaired by the aforenamed Obed1. Thayer the whole expence whereof according to an aceount laid before & examined by the Subscribers amounted to eighty six Dollars 13 Cents, & as said Expence is to be paid by such Person or Persons whose
-
na
not bus the Ce
Dr in To
179
SELECTMEN'S MINUTES, 1803.
Drains enter into said Common Shore & receive benefit thereby & in such proportions as shall be adjudged by the Selectmen of the Town or the major part of them, who are empower'd by law to apportion the same, & the said Thayer having agreable to Law notified all concerned [149.] before he had proceeded on the business & no objection having been made thereto-therefor we the Subscribers Selectmen of the said Town of Boston do hereby Certify that having considered of said Expences & by whom & in what manner it ought to be paid-Do ADJUDGE the same to be paid in the proportion following & by the Persons hereunder named-Vizi .-
Samuel Parkman Esq.
1 Drain - - $12,, 30
John Heard Esq -
1 do
12., 30
Abraham Bazin
1 d°
12., 30
William Taylor
1 d°
12,, 30
Alden Bass
1
Mr. Gale -
1 do
12,, 30
O. Thayer -
1 d°
12,, 30
Bradleys Heirs
1 d°
12,, 30
7 Drains
And we do hereby appoint the aforenamed Obediah Thayer to receive of the Persons within named the Sums affixed to their sey- eral Names & to give discharge therefor
CHARLES BULFINCH
DAVID TILDEN
WILLIAM PORTER JOHN TILESTON
EBENEZR. OLIVER
JONATHAN HUNNEWELL
Selectmen of Boston
The Chairman M'. Tileston & Mr. Hunnewell a Commee. to examine the situation for the Fence about to be built by Mr. Wendell on Fort Hill, & to see that the bounds are accurately staked out on the Towns Land
Upon application from James Sullivan Esq & others for liberty to open & repair the Common Sewer in Summer Street-Ordered that the Proprietors & others whose Drains enter therein be Notified to appear on or before Wednesday the 11th Inst. to make their Objections-
[150.] The Board came to the choice of a Superintendent of Police for the Year-the Vote being taken by Ballot Charles Bulfinch was declared to be chosen-
180
CITY DOCUMENT No. 93.
Mr. George Trott was chosen Hay weigher for the current year, with the same rate of pay & under the same regulations as in the last Year-
Mr. William Mock was appointed to collect the Cow Tax for the present year, under the same regulations as the past Year-
Passed upon a List of Persons as Inholders and Retailers-
Boston ss : At a Meeting of the Selectmen May 12. Present Bulfinch Porter, Oliver, Hunnewell, Tileston-
For the special purpose of acting upon the Petition of ME. Edward Edes Junr. to be appointed an Auchtioneer-when said Edes was accordingly appointed-
Boston ss : At a Meeting of the Selectmen May 16-1803 Present Mess's : Bulfinch, Chapman, May, Oliver, Wright, Tiles- ton, Porter, Tilden Hunnewell
No business transacted at this Meeting which is matter of record-
Boston ss: At a Meeting of the Selectmen May 18. 1803 Present Mess : Bulfinch, May, Wright, Oliver, Hunnewell, Chap- man, Porter,
At a special Meeting for the purpose the application of Mr. William Leverett for an appointment as an Auehtioneer was eon- sidered, and the 'said Applicant is appointed an Auehtioneer for the remainder of the Year, which commenced in July last-
Return was made of the Names of the Proprietors of the Common Sewer in Summer Street, & the branches therefrom, whereupon Voted, that the Applicant James Sullivan Esq. be impower'd to proceed to open & repair the same as may be found necessary
[151.] On application of Dr. Smith-Passed an Order of notiee for the Proprietors of a Common Sewer in Fish Street, leading from North Square to the Water, to appear on or before Tuesday the 24. Inst. to make their objections to opening & repairing the same
Mr. Hunnewell & Mr. Wright a Commee. to enquire into the state of the Common Sewer in Federal Street-whether the repairs lately made has been effectual or whether it is neeessary to continue it to Atkinson Street
t
181
SELECTMEN'S MINUTES, 1803.
The above Gentlemen are appointed a Comme. to inspect the repairs in the Common Sewer in Summer Street about to be undertaken. & to see that the same is well & sufficiently done-
The Chairman, MT. Hunnewell & Mr. Oliver a Commee. to ascertain the bounds of Gooch's Lane leading from Green Street to Mill Pond-
The Board came to the choice of an Orator for the 4t. of July next-the Votes being taken, William Sullivan Esq. was declared, unanimously chosen-the Chairman was then desired to inform Mr. Sullivan of the choice, & to present him with a Copy of the Vote of the Town explaining the design of the Town in this Institution-
Boston ss: At a Meeting of the Selectmen May 30. 1803 Present Mess's : Bulfinch, Tilden, Tileston, Porter, Chapman, Wright, Hunnewell, Oliver, May,
Passed upon Accounts-
Upon application from Mr. Ruggles Occupant of one of the Stalls in Faneuil Hall Market-house for a deduction of Rent upon his Stall in consequence of his being deprived of the use of part of thereof-Mr. Hunnewell & Deacon Wright are a Commee. to view the Stalls in the Market-house & Report their opinion respecting Mr. Ruggles Claim & the subject at large
[152.] Mr. Porter & M'. Tileston a Commee. to treat with Mr. Gore on the subject of his last Years Lcase of the Neck Lands, to consider what deduction should be made from his Rent, in consequence of the Towns entering upon & disposing of part of said Land : also to treat with him respecting the use thereof, the present Year .-
The Board came to the choice of one Constable in the room of Mr. Bosson, who declines serving-when Mr. Levi Joy was declared to be chosen, & MIT. Joseph Bennet & Edward Went- worth are approved as his Bondsmen-sworn-
Mr. Porter & Mt. Oliver a Commee. to view Frog Lane, to confer with the Abutters respecting widening and paving that Street-
The following division of the Board was made into Committees for directing the paving in the several parts of the Town-
Mr. Porter & Mr. Oliver. for repairing Marlborough Street, Newbury, Orange & Washington Street, likewise all Streets west & east, to the South of Liberty Tree so called-
182
CITY DOCUMENT No. 93.
Deacon Tilden & Mr. Tileston to repair the Streets to the Eastward of the above, & in Ward Nº. 10
Colº. May & Capt. Chapman all the Streets below the Bridges-
Mr. Bulfinch, Mr. Hunnewell & M". Wright to repair the Streets in the other parts of the Town-
Voted, to proceed to compleat the paving of Essex Street ; and the Commee. was desired to take measures accordingly-
-
Boston ss : At a Meeting of the Selectmen June 7. 1803 Present Mess's : Bulfinch, Tileston, Oliver, Chapman, May, Porter, Wright,
Colº. May & MT. Chapman a Commee. to look out for a situa- tion for the Engine-house now in Middle Street-
[153.] The Chairman was desired to have a piece of Timber placed in front of Dr. Danforths Land in Leaveret Street to regulate & level the Street-in consideration of his giving the use of the Land for the Engine House-
The Commee. on the Common Shore in Federal Street, reported that it was necessary to continue the repairs from the sink to where it enters in Atkinson Street-Voted, that the Proprietors be directed to compleat the said Repairs as soon as may be
The Board having considered the rapid and increasing growth of West Boston, are impressed with the necessity of having the situation of the Towns Streets in that quarter well ascertained to prevent encroachments thereon, therefore Voted that Mr. William Tayler be empowered in behalf of the Selectmen to survey & lay out the several Streets at the Westerly part of the Town, lying west of Lynde Street & the easterly part of Leveret Street, & north of Cambridge Street, agreable to the minutes of the sev- eral Records & the plans which he has laid before the Board, and that he make returns of his doings therein with a plan of the same as soon as may be
Agreed to pave the upper part of Hanover Street & the parts of Sudbury Street & Court Street adjoining-Also to pave Back Street from Cross Street to Dr. Stillmans Mecting House
Upon a representation from the Overseers of the Poor of the great expence of committing Vagrants of the Justices of the Peace to the Work house or House of Correction,-Voted, that the Constables be directed to make complaint against all Vagrants
or in fo
P
at fr A t! S S:
1 t
S
183
SELECTMEN'S MINUTES, 1803.
or Disorderly Persons to the Overseers of the Poor of the Ward in which such Persons may be found, who will issue his Warrant for [154.] their Commitment to the Alms house-
Boston ss : At a Meeting of the Selectinen June 15 1803 Present Mess : Bulfinch, Tilden, Tileston Oliver Hunnewell, Wright Chapman Porter-
Return was made by Dr. Nathaniel Smith of the expence attending opening & repairing Common Sewer in Middle Street from the House of said Smith to Procters Lane; and the Accompt thereof being duly examined by the Selectmen is by them allowed ; they being informed at the same time by the said Smith that he had cause to be warned every person concerned in said Drain according to Law. and no objection having been entred to his proceeding. ASSESSMENT was made thereon by the Selectmen, an Order for payment was made out and delivered to the aforenamed Nath1. Smith, which is as follows-Vizt .-
WHEREAS a Drain or Common Shore in Middle Street has been duly repaired by the afore named Nath1. Smith, the whole Ex- pence whereof according to an account laid before & examined by the Subscribers amounted to $150-and as said Expence is to be paid by such Person or Persons whose Drain enters into said Common Shore & receive benefit thereby, in such proportion as shall be adjudged by the Selectmen of the Town or the major part of them who are empower'd by law to apportion the same ; and the said Smith having agreable to law notified all concerned before he had proceeded on the business & no objection having been made thereto-therefore we the Subscribers Selectmen of said Town of Boston do hereby Certify that having considered of said Expences, & by whom & in what manner it ought to be paid Do ADJUDGE the same to be paid in the proportion following [155.] and by the Persons hereafter named-Vizt .-
Nathaniel Smith
1 Drain -
$6,, 80
Nicholas Smith
1. d° -
6,,80
Wild -
3. d°
20,, 40
Thomas Moore
1. do - 6,,80
Rerd. Mr. Grenough -
2 d° 13,, 60
David Martin -
1 do -
6,, 80
Stodder
1 d° - 6,, 80
John White
1 d° -
6,,80
Samuel White -
1 d°
6,, 80
Capt. Carver 1 d°
6,, 80
William Mackay
1 d°
6,, 80
Thomas Christy
1 d°
-
5,, 80
John Jenkins -
1 do
6,, 80
Mrs. Loring
1 d° - 6,, 80
Peter Gillman
1
6,, 80
184
CITY DOCUMENT NO. 93.
Nath1. Copeland
Marvil
Howard -
John Foster
1 d° - 6,, 80 1 do . 6,, 80 1 6,, 80 22 1 Drain - - $6,, 80
And we do hereby appoint the aforenamed Nathaniel Smith to receive of the Persons within named, the Sumns affixed to their several Names, and to give discharges therefor-
CHARLES BULFINCH DAVID TILDEN JOHN TILESTON
EBENEZER OLIVER FRANCIS WRIGHT
JONATHAN CHAPMAN JONT. HUNNEWELL
Selectmen of Boston
[156.] Return was made by Dr. Nath1. Smith of the Ex- pence attending opening & repairing a Common Sewer in Fish Street, & the Account thereof being duly examined by the Select- men, is by them allowed, they being informed at the same time by the said Smith, that he had caused to be warned every Per- son coneerned in said Drain according to law & no objection having been entred to his proceeding-ASSESSMENT was made thereon by the Selectmen an Order for payment was made out & delivered to aforenamed Nath1. Smith, which is as follows- Vizt
WHEREAS a Drain or Common Shore in Fish Street has been duly repaired by the aforenamed Nath1. Smith the whole Ex- pence whereof according to an account laid before & examined by the Selectmen amounted to $152 .. 50 and as such Expence is to be paid by such Person or Persons whose Drains enter into said Common Shore & receive benefit thereby, in such propor- tion as shall be adjudged by the Selectmen of the Town or the major part of them, who are empower'd by law to apportion the same; and the said Smith having agreable to law notified all Persons concerned before he had proceeded on the business & no objection having been made thereto-therefore we the Subscribers Selectmen of said Town of Boston do hereby Certify that having considered of said expence & by whom & in what manner it ought to be paid-Do ADJUDGE the same to be paid in the pro- portion following, & by the Person hercafter named Vizt.
[15%.] Nathaniel Curtis - Josephi Shed
1 Drain $12,, 70
1 d° - - 12,, 70
John Badger
2 d° - 25,, 40
185
SELECTMEN'S MINUTES, 1803.
William Dodd -
1 Drain
$12 ,. 70
Mrs. Hearsey -
1 d° -
12 .. 70
Mr. Richardson
1 d° -
12,, 70
Mr. Collins -
1 d° -
12,, 70
Joseph Allen
1 d° -
12 ,. 70
John Brazier
1 d° -
12,, 70
Nath1. Smith
1 d° -
12,, 70
11 Drains-
And we do hereby appoint the aforenamed Nat1. Smith to recieve of the Persons within named, the Sums affixed to their several names, and to give discharge therefor-
CHARLES BULFINCH
DAVID TILDEN
JOHN TILESTON
EBENR. OLIVER
FRANCIS WRIGHT
JONA. CHAPMAN
JONA. HUNNEWELL
Selectmen of Boston-
The Common Commee. were desired to attend the pruning of the Trees in the little Mall; which have been injured by the Fire of the opposite Buildings-
Agreed to License Mr. John Kennedy as an Auchtioneer-
The Commee. on Mr. Gores application respecting his Lease of Land on the Neck-Reported that an allowance of thirty five Dollars be made to him for the loss & inconveniences sustained by him from the Towns entry upon the land & letting [158.] the same for Sale-this Report accepted, and the same Commee. is empower'd to lease such portions of Upland & Marsh as they find applications for, upon the best terms which they can obtain for one Year-
Boston ss : At a Meeting of the Selectmen June 22d. 1803- Present Messrs : Bulfinch, Tileston, Wright, Chapman, Oliver, May, Porter, Tilden.
L'pon application from Nath1. Balch Esq. & Capt. Ozias Good- win for liberty to open the Common Sewer in Cornhill from their Houses so far as may be necessary to convey off the filth of part of said Common Sewer, which passes thro', their Cellars & stagnates there-
Ordered, that the applicants notify all the Proprietors in said Common Sewer, or whose Drains enter therein, to appear at the
186
CITY DOCUMENT NO. 93.
Selectmens Room on or before Wednesday next, to show cause why sueh repairs should not be made & assessed on them gener- ally aceording to Law-
The Chairman, Mr. Tilden, Mr. Porter & Mr. Hunnewell a Commee. to view the New Street from Beaeon Street to Middlecot Street, to regulate the Ascent & descent thereof-
Deacon Wright Colo. May & Cap'. Chapman a Commee. to view the Alley leading from Mountfords Corner to the Centre to ascertain the Towns Rights & the width of the Alley
Deaeon Tilden, Deacon Wright & MT. Tileston a Commee on Baek Street-to consider the expediency of taking off the Corner of a House belonging to M'. Asa Lawranee to heighten said Street-
The Chairman Mr. Porter & Mr. Oliver a Commee. on High Street to confer with Mr. Langley & the Neighbours and Abutters on that Street, relative to widening the Southerly end of said Street-to make estimates of the expence & of the assistance that will be afforded, by Persons interested in that improve- ment-
Agreed to allow One hundred Dollars for Gravel [159.] to be spread in Warren Street under the direction of Mr. Porter, the Inhabitants having already levelled & regulated the Ground at their own expence-
The Town Clerk is directed to apply to the Clerk of the Sessions, for a list of licensed Persons, to be acted upon-also to make out a List of Auchtioneers-
Boston ss : At a Meeting of the Selectmen June 27t Present Mess's : Bulfinch, Tilden, Oliver, Tileston, Wright, Porter,
Passed upon Accounts-
5. o Clock
At a special Meeting for the purpose, the Selectmen agreable to application approved of, & accordingly appointed the follow- ing Persons as Auchtioneers for this Town the present Year- Vizt .- not finished untill July 6t-sce below-
Boston ss : At a Meeting of the Seleetmen June 30-Present Bulfinch Tilden Hunnewell, Tileston Oliver-
Warrant issued for Town Meeting on Monday the 4th of July next, at Faneuil Hall 9. O Clock A. M :- whereupon
1
187
SELECTMEN'S MINUTES, 1803.
Voted. that the Bells be rung on the Morning of the 4th. of July next from the hours of 6 to 7. being the Anniversary of American Independence-and that 6 Constables be appointed to preserve good order in the Common & at the Meeting house on that Day-
Boston ss : At a Meeting of the Selectmen July 6-1803 Present Mess's : Bulfinch, Tilden, Chapman, Porter, Tileston, Oliver, Hunnewell,
Mess's : Samuel Clap Thomas K. Jones John B. Green Samuel Bradford Robert Gardner
[160.]
John Perkins Thomas Clark
John W. Quincy William Alline
Azor G. Archibald
Daniel Wild
Robert G. Shaw
Samuel Blagge
Appleton Prentiss
Nath1. Phillips Hews
Benjamin Tucker
John W. Vance
Lewis Hoyt
Cornelius Coolidge
John Swett
Samuel Bridge
John Eaton Jun".
John Jones
Joseph Ripley
Caleb Hayward
William Me Neil
Stoddard Capen
Phillip Ammadon
Benjamin Allen
William Dehone
William Fennelly
Thomas Fisher
John Chadwick
[William ?] Remington John Haskins Caleb Field Benjamin Sweetser
see August 17-
John Badger Eber Lawrance
Richard Edwards
188
CITY DOCUMENT NO. 93.
Edward Edes Junr William Leverett John Kennedy John Jutau
[161.] Liberty is granted to the Military Company of Ward Nº. 11. to make use of Faneuil Hall on Thursday the 7t. Inst. for the choice of Officers-
Mr. Chairman was added to the Commee. of the South Quarter for the purpose of Agreeing with Mr. Wells upon suitable Referees, to ascertain the damage which he will sustain by his Land; being taken to widen Frog Lane-the same Commee. is direeted in case Mr. Wells will not agree upon the Referrees, to proceed to remove the Fenees & Buildings agreable to the deter- mination of the Board when they had viewed the said Street-
Upon request of Harrison G. Otis Esq. he is permitted to take the Manure from the Horse Pond, in the Common, -to be done under the direction of the Common Committee
Mr. Tileston was requested to employ persons to clear the Mall & Common-
Agreed to Advertize the Town House for the Sale of the Lease of 20 Years-the Sale to be on the 21. Inst.
It is Agreed that Mr. John Peiree shall have liberty to build ten Tombs in the South Burial Ground in a range between the Gates ; nine of the said Tombs are to be sold by Mr. Peiree to Persons whom the Board may approve at the price of those last Built on the west Wall-and the Town to have the other Tomb at their disposal-
An application was received from the Trustees of the Associa- tion for Town improvement, asking liberty to form & eompleat 100 feet in length of the new Street leading from Pleasant Street to Beaeon Street paralell with the Rope Walk,-in order to aseertain the expence of compleating the whole of said Street- Voted, that the Gentlemen applying have liberty to proceed under the direction of the Board ; and that the Pound be removed from the Strect, onto the Common
[162.] Boston ss : At a Meeting of the Selectmen July 13. A : M. Present Mess : Bulfinch Tilden Tileston, May, Wright
4 extra Jurymen were drawn for C. C. P. as cntred on Jury Books-
I
189
SELECTMEN'S MINUTES, 1803.
Boston ss : At a Meeting of the Selectmen July 13. P: M : Present Mess": Bulfinch Tilden Porter, Wright, Chapman, Oliver. Hunnewell.
Deacon Wright & Cap. Chapman. a Commee. on an applica- tion to widen White Bread Alley, in order to ascertain what would be the expence thereof-and to Report
Mr. Porter is desired to take measures for the repairs of the Dike on the Neck. so as to make it secure against the Sea
Approved of the Indentures of William Downing to John Vinton-
Colº. May and Capt. Chapman a Cominee. to view Boarded Alley leading from Middle Street to Fish Street, to Report what repairs are necessary. & to consider whether it be expedient & practicable to widen the Alley, to make a Carriage Way through it -
MI. Trask of Nº. Watch appeared for Instructions respecting the commitment of Vagrants & disorderly Persons in the Night- the Board conferred with Mr. Hartshorn. the Jailer, and agreed that the Keeper of the Jail be desired to keep in his custody, all Persons committed by the Watch untill 8. o Clock in the Morn- ing. and then to dismiss them unless the Captain of the Watch shall appcar before that time to prosecnte according to Law-
Colº. May & MT. Chapman a Commee. to view the Street back of the North School-house, examine the cause of complaint made by the neighbourhood against MIT. James Williams who is said to incumber that Street with Carriages, and to keep a Livery Stable without being approved-also to view the Pavement & to Report-
[163.] The Board agreed to the proposition of MT. George Langley to appoint General Winslow Mr. Nathaniel Bradley and Mr. Solomon Cotton as Referrees to consider & determine what compensation shall be made to M'. Langley, for part of his Land & Buildings, abutting on High Street, which was intended to be taken for the purpose of widening the said Street-
Boston ss: At a Meeting of the Selectmen July 20. 1803 Present Mess™8 : Bulfinch, Tilden, Tileston, May, Chapman Wright Oliver Porter, Hunnewell
Signed an order for collection of the Assessment on the Drain laid by MT. Appleton in Prince Street the 17'. of November last as on Record-
190
CITY DOCUMENT NO. 93.
Agreed to grant liberty to erect a Fish Stall at the bottom of Short Street on the Water
Mess's : Tileston Hunnewell & Wright a Commee. to view Bel- knap Street upon complaint of several of the Abutters against the proceedings of Mr. Collins, who is carting a quantity of Earth into the Street, & as they apprehend will injure their Houses-
The application of Mess's : David Bradlce & Samuel Whitwell was considered respecting Land claim'd by them now making part of the Street which leads from Elm Street to Brattle Square- Having view'd the Premises & obtained all possible information thereon it appears that said Land was laid into the Street about the Year 1784 with the verbal consent of thic Owners, that it was paved at the expence of the Town & has ever since been con- sidered part of the Street ; that when Mr. Bradlee purchased the Estate in 1801, he & Mr. Whitwell consented that the Fences should remain as they now stand, which consent appears by an agreement in writing signed by Samuel Whitwell & David W. Bradley who acted as his Fathers Agent in his absence-which Agreement is as follows-" Whereas Mrs. Mary Turrel & Edward Gray have been very assiduous in obtaining a [164.] Deed from Jane Lee of Real Estate in Wings Lane, which estate she is about to convey to David Bradlee-now we do promise them that the Estate now remaining in Brattle Street, which is outside the Fence shall not be inclosed, & that if compensation should be assessed for the same neither she or said Gray shall pay any part of it
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