USA > New Hampshire > Merrimack County > Dunbarton > History of the town of Dunbarton, Merrimack County, New-Hampshire, from the grant by Mason's assigns, in 1751, to the year 1860 > Part 4
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And if the said settlement shall not be made as afore- said, according to the true intent and meaning thereof, and by the last period of time limited as aforesaid, for the doing thereof, the whole grant to be null and void ; and the said land to revert, return, or remain the right, estate and property of the grantors, as though this vote had never been passed :
Reserving, also, white pine trees standing and growing on said premises, which are hereby granted to his Majesty, his heirs and successors: that the lots in the aforesaid division, set off and numbered to John Twigg, shall be and hereby are appropriated to Archibald Stark; those to James Adams are appropriated to Thomas Mills; John McAllister's to Archibald Stark, William Carr's to John Stark, Archibald Stark's to John Campbell, John Hogg's to William Hogg, Matthew Morton's to John McCurdy, John Stark's to William Stinson, Hugh Ramsay's to Wil- liam Hyslop, Samuel Rankin's to Robert McMurphy, Samuel Stinson's to David Stinson, John Stinson's to Wil- liam Stark, Alexander Gault's to James Evans, Archibald Cunningham's to James McGregore, John Horner's to William Stark, Thomas Hall's to William Rankin, Samuel Caldwell's to Joseph Blanchard, Esq., John Ramsay's to William Putney, and Obadiah Foster's for one hundred acres, and the rest, or remaining lots, to Hugh Ramsay, to hold to them and their respective heirs and assigns :
That four of the said reserved shares, being the lots numbered twelve in the first range, two in the second range, twelve in the fourth range, ten on the south side in the seventh range, one and two in the thirteenth range,
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HISTORY OF DUNBARTON.
are hereby granted to the said grantees, their heirs and assigns, upon the conditions aforesaid ; that the remaining land within the bounds aforesaid, which is not compre- hended within the said divisions, shall be hereafter divided between the said grantors and grantees, in the proportion aforesaid : that is, the grantors having seventeen shares thereof, and the grantees being at the charge of the divis- ion, and making the settlement and complying with the terms and conditions herein before limited and expressed ; and the lot in said divisions numbered two north and numbered three in the seventh range, being one of the said reserved shares, be and hereby is granted to Noah Emery, of Kittery, gent., his heirs and assigns, exempted and exonerated from the duty of settling and paying any charge, tax and expense, until improved by him or them ; and in case there shall be an Indian war within any of the times limited for the doing the several matters and things aforesaid respectively, the said terms to be allowed for any of the said matters after that impediment shall be removed.
Lastly : The grantors do hereby engage and promise to the said grantees to defend them and their heirs and assigns against all and every action and lawsuit that shall be prosecuted, moved and stirred against them, and any of them, by any person whomsoever, claiming the said land, or any part thereof, by any other title than the title of the said grantors, or that from which theirs was de- rived; with this condition and limitation, that in case the said grantees, their heirs or assigns, be ejected and ousted by any such right or title, then they shall recover nothing of and from the said grantors, their heirs, execu- tors or administrators, for the land hereby granted ; nor for any labor or expense whatever which they shall have been or shall be at in consequence of this grant; and the ยท lots in said division called Law Lots, number one, be for Matthew Livermore, his heirs and assigns, and that called lot number two be to William Parker, his heirs and assigns.
Attest :
ALEXANDER McMURPHY,
Proprietors' Clerk.
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HISTORY OF DUNBARTON.
These are to give notice to the proprietors of the town- ship or grant, lying upon the westerly side of the main river, commonly called and known by the name of Starks- town, or Grant, to assemble and meet at the house of Mr. Samuel Rankin, of Londonderry, innholder, on Tuesday, the seventh day of April next, at ten of the clock in the forenoon, then and there-
Firstly. To choose a moderator, to regulate and govern said meeting.
Secondly. To choose a town-clerk for such town or grant, to enter what records the proprietors shall judge needful relating to the affairs of said township.
Thirdly. To see what the proprietors will allow as a recompense to the Hon. Joseph Blanchard, Esq., for his expenses, time and trouble in attending upon William Parker, Esq., in drawing the new charter, or grant, and getting the charter or grant recorded by the clerk of the purchasers of John Tufton Mason's right, and the drawing the aforesaid new charter, or grant, drawn by the afore- said William Parker, or any other charge that has arisen thereby.
Fourthly. To see if the proprietors will choose one or more surveyors, for clearing the highways already worked upon, or any other that may be necessary, not yet laid out.
Fifthly. To hear the former and present committee's accounts read, and approve or not approve.
Sixthly. To see if the proprietors will consider of some expedient to rectify the mistake relating to a fifty acre lot in said town, or grant, wanting to the original right of Hugh Dunshee, or Adam Dickey, as it may most justly appear by examination.
JOHN HOGG,
Committee. HUGH RAMSAY,
Attest :
ALEXANDER McMURPHY, Clerk.
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HISTORY OF DUNBARTON.
LONDONDERRY, April ye 7th, 1752. Met according to the foregoing warning. At a meeting of the proprietors of the town called Starkstown :
Firstly. Voted, Samuel Emerson, Esq., moderator for said meeting.
Secondly. Voted, Alexander McMurphy clerk for said town.
Thirdly. Voted, That Col. Joseph Blanchard, Esq., have sixty pounds, old tenor, for his expense and trouble in ob- taining a new charter for Starkstown (so called); also, Voted, That William Parker, Esq., be paid for drawing the new charter.
Fourthly. Voted, That Caleb Page, Jr., William Stin- son and John McCurdy be surveyors of the highways.
Lastly. Voted, To dismiss the other two articles in the warning.
Attest : ALEXANDER McMURPHY, Clerk.
These are to give notice to all proprietors that belong to that tract of land lying to the westward of the Great River, granted to Archibald Stark, Caleb Page and asso- ciates, by the purchasers of John Tufton Mason, Esq's right to the west lands in the Province of New-Hamp- shire, that they meet at or near that part of said tract of land where Daniel and John McCurdy are now settled upon, and that they meet at or near said place upon the third Tuesday in October next (new style) at twelve of the clock, then and there,
Firstly. To choose a moderator for said meeting.
Secondly. To examine into and see who of the propri- etors have complied with the conditions of the charter of said land, and who are delinquent.
Thirdly. To see whether the proprietors will choose a committee to dispose of those proprietors' shares that have not complied with the conditions of said charter, and are delinquent, whether in not settlement, or paying the money, agreeable to said charter.
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HISTORY OF DUNBARTON.
Fourthly. To see if the proprietors will allow Alexander McMurphy for his trouble and charge that he will and shall make justly appear, that he has been at in suppress- ing some trespasses upon our land in said township, and this shall be your warrant.
Given under our hands this 26th day of August, 1752.
ARCHIBALD STARK, JOHN HOGG, Committee.
HUGH RAMSAY,
Attest :
ALEXANDER McMURPHY, Clerk.
At a meeting of the proprietors of Starkstown (so called) on the 17th day of October, 1752, (new style) ; met accord- ing to the foregoing warning.
Firstly. Voted, That Caleb Page be moderator for said meeting:
Secondly. Voted, That Samuel Rankin, Caleb Page and Alexander McMurphy be a committee to examine into and see who of the proprietors have complied with the conditions of the charter of said land, and who are delin- quent ; and to proceed upon said enquiry ye 13th day of November next.
Voted, That this meeting be adjourned till ye first Tues- day of December next, at twelve of ye clock, at John Hall's, of Derryfield, innholder.
December 5th. Met according to adjournment.
Firstly. Upon the adjournment,-Voted, That Caleb Page, John Hogg and Samuel Rankin be a committee to go a second time, some time before ye first of April next : and those that have not then complied with the articles in ye charter, then the aforesaid committee to proceed to sell the delinquents' rights by public vendue, as soon as the same can be notified.
Secondly. Voted, Upon the fourth article of the warrant, that Alexander McMurphy have the charges and expenses he has been at, and those he employed in detecting tres-
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HISTORY OF DUNBARTON.
passers, amounting to forty-nine pounds two shillings and sixpense, old tenor. Voted, That the meeting be ad- journed to the first Tuesday of April, 1753, at Samuel Rankin's, of Londonderry, innholder.
April 3d. Met according to adjournment.
Voted, That the delinquents' rights should be sold by public vendue. Voted, That ye meeting be adjourned till the first Tuesday of May next, at Samuel Rankin's, of Londonderry, innholder.
May 1st. Met according to adjournment.
Firstly. Voted, That as to the three rights : viz., Hugh Jameson's, Alexander Todd's and Thomas Follansbee's, that the sale of said rights are dropped.
Voted, That Caleb Page be appointed agent for and in behalf of this Proprietee,* to see performed their duty in the township called Starkstown; to enter into and [torn out] right and share of every delinquent grantee, and in behalf of this Proprietee and for their use, their heirs and assigns, to take possession of each delinquent's right or rights, and that he be directed to take with him two lawful evidences, to see his entry and taking possession, as aforesaid; and that he get the aforesaid evidences sworn in perpetual memory before lawful authority, and that he be paid by the Proprietee for his own time, and for all his charges therein ; and that he make report of his whole pro- ceedings thereon at the next adjournment of this meeting.
Also, Voted, That whereas Mr. Caleb Page hath pur- chased the right drawn by Col. Harvey and others, one of the grantor's shares in said townsnip, and he, apprehend- ing an earlier and more advantageous settlement can be made thereon than on some of the rights he claims in town, and desirous-he paying equal charges for said pur- chased right, as well as for his others-that he may have his duty of settlement remain, and liberty to do it on said
* In many instances in these records the words, Propriety, Proprietee and Propriority are used to signify the township, or the company of pro- prietors, acting as a body.
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HISTORY OF DUNBARTON.
Harvey's right, and on others, by him to be particularly shewn at the next adjournment of this meeting, to be ex- cused from settlement and receive equal privileges in every respect as if the duty of settlement had been done on the right encumbered with such duty, to be by him shewn as before said :
Therefore : Voted, That his request be granted, on his paying the constant future charges of the said purchased right, equal to another grantee, and shew which is the right to be excused in lieu thereof, at the next adjourn- ment of this meeting.
Voted, That the aforesaid particulars be agreed upon.
Also: Voted, That all charges and taxes, as well the first thirty pounds as the purchase of the privilege for the delay of settlement on the rights of Joseph Blanchard, Esq., and Joseph Blanchard, Jr., in Starkstown (so called) in consideration of the services the said Joseph Blanchard has done for this Proprietee ; and all grants of money by us heretofore made him, down to this day, be discounted and discharged in full, so far as either of them are at this time concerned.
Also, Voted, That three pounds old tenor be paid by each respective grantee and grantor's right, liable to pay taxes, within thirty-five days from this date, and the same to be paid to Mr. Samuel Rankin as collector and treasurer for this Proprietee, to defray the necessary charges, risen and arising in bringing forward the settlement, and other necessary charges, by him to pay out to ye orders of the committee for prudentials.
Also, Voted, This meeting be adjourned to ye tenth of this instant May, 1753, at twelve of the clock, at Mr. Sam- uel Rankin's, of Londonderry, innholder.
Met according to adjournment ye tenth of May, 1753, at Mr. Samuel Rankin's.
Whereas sundry of the grantees of this township have concluded their duty, enjoyned by charter, to be performed by the last day of May last passed, and by their privilege
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HISTORY OF DUNBARTON.
granted, those of the grantees who were not delinquent on their part, to the entry upon and unto all such delin- quents' rights, and to dispose of the same for their use, their heirs and assigns, provided such non-delinquents settle the same in such manner as such delinquent grantees ought to have done ; and inasmuch as their forbearance and not claiming of the non-delinquents has suspended the disposal of such rights so long after the time of their priv- ilege, in hopes and expectation that each owner would reap the sole benefit of his own grant, and the society not be incumbered : But many still remaining delinquent, this Propriety looks on themselves, under the necessity for their own security, to dispose of all such delinquents' rights, or otherwise to secure themselves from suffering by such delinquents :
Therefore-Voted, That all delinquents' rights in said township be disposed of to the highest bidder, whereon a seizure is already taken at this meeting; and as to those that are not, such seizure be immediately made, and like- wise disposed of, taking security for each purchaser for performance in season, unless, at this meeting, some good security be given on their behalf, or by themselves, they enter into such bonds as shall be at this meeting further directed for the security of the Propriety, and give their answer for the same immediately after the passing this vote.
Voted unanimously the foregoing particulars ; also voted that all such delinquents, in pursuance of the vote afore- said, give bond to the treasurer of this society and to his successor in said trust, obligated in the sum of three hun- dred pounds, new tenor, conditioned that the whole duty enjoined by charter to be done by the last day of this instant May, be done on or before the last day of October next ; and on failure thereof to pay all damages that shall accrue to the Propriety for the future, by means of such delinquents, and as a further condition that on failure of making a complete settlement, according to the full intent of the charter, by the first day of November next, they be subjected, as a further condition for each right, to pay, as
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HISTORY OF DUNBARTON.
a consideration for their delay, the sum of forty pounds, new tenor. Also : Voted the foregoing article unan- mously.
Also : Voted, That Thomas Follansbee, Jr.'s original right is to be sold by public vendue to the highest bidder. Accordingly the same was put up to sale, and Mr. Samuel Rankin, as highest bidder, purchased the same at one hundred and fifteen pounds, old tenor, payable to this Propriety in six months from this day; and inasmuch as the security was to be given to the treasurer of this society, who is the said Samuel Rankin, therefore : Voted, That the security for the said sum be given to the present clerk and his successor in said trust, for the use of this Propriety, payable at the time aforesaid. Voted, unanimously, the foregoing articles.
Also : Voted, That Mr. Hugh Rankin be and hereby is fully impowered and authorized, as agent, in the name and behalf of this Propriety, to give and lawfully execute a good deed of quitclaim of the right, property and pos- session of this Propriety, and all the after divisions and reversions of the right of Thomas Follansbee, Jr., a grantee in said township, who has wholly forfeited his right by failure of his performance of ye duty of settle- ment; and to warrant the same against the said Thomas, his heirs and assigns, to Mr. Samuel Rankin, his heirs and assigns, forever, for the consideration of the sum of one hundred and fifteen pounds, old tenor.
Voted, That this meeting be adjourned till ye eleventh of this instant, May, 1753, at eleven o'clock in the fore- noon, at Mr. Samuel Rankin's.
May the eleventh. Met according to adjournment. Also, voted, That inasmuch as sundry of the grantees who were obliged to do the duty for the first thirty, are delinquent therein ; and inasmuch as a premium was to be given to such as did comply within the term stated by the charter ; therefore, voted, That so much of the money raised by the privileged rights as would, by former votes, accrue to those
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HISTORY OF DUNBARTON.
grantees, delinquents aforesaid, had they performed in season, be stayed in the treasurer's hands, and at present not paid to them ; and that so much a part thereof as will pay the expenses at Mr. Samuel Rankin's, of this Pro- priety in public, exclusive of what is paid by Mr. Rankin for those yet remaining unpaid, and to the conclusion of this meeting, be granted and paid out of the same; and that of the remainder, all such delinquents who shall fulfill their duty of the first thirty, that by charter was to be done by the last day of May, current, old style, by that time, although a part thereof to be done the last year was not then performed, shall have the benefit and receive of the treasurer of this Propriety such a .part of such privi- lege purchase, after such charges are first subducted, and paying their part of the charge of taking possession, accord- ing to vote thereon : that on a certificate from William Stinson and Thomas Mills, shewing that such duty is effectually performed, according to the tenor of their bonds, at their cost, then said treasurer will deliver said bonds for fulfilling duty to them, and pay such part of their privilege purchase money, as aforesaid, after the sub- ductions aforesaid, on demand :
And that all such of the said thirty as do not, by the last of May current, according to old style, perform said obligation, that part of the money by them to have been received, if terms had been seasonably complied with, shall remain in the treasurer's hands for the further order of this Propriety.
Also, voted, That thirty pounds, old tenor, be granted to Alexander McMurphy, for his services as proprietors' clerk, and in full for his entering and recording the charter and votes under ye former and present charter of this Propriety, drawn to this day in ye proprietors' book, and for all other his charges or certificates in his office.
Voted, unanimously, that Col. Blanchard should have thirty pounds in money, old tenor, paid to him by the treasurer of this Propriety, for his attendance on this meet- ing two days, and services done by him for the proprietors of Starkstown, in writing and settling the affairs of the proprietors.
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HISTORY OF DUNBARTON.
Also, Voted, That the several delinquents of the first thirty settlers, in case they give bond, according to the tenor of the bond given by Mr. Hugh Ramsay, for like deficiency, to the treasurer of this Propriety, Mr. Samuel Rankin, subjected to duty and payment at or before Wednesday next, and on failure thereof that immediately Mr. Caleb Page be directed, at the expense of this Pro- priety, to enter and take possession of all such delinquents' rights for the benefit of this Propriety ; and that he make return, at the next adjournment of this meeting, of his proceedings ; and that the rights of all such delinquents who do not give their bonds as aforesaid, be sold according to the power in the charter to the non-delinquent grantees given.
Also, Voted, That Mr. Caleb Page be continued to take possession of all the delinquents' rights that are returned by Mr. Samuel Rankin, who have not given their bonds for performance of their duty, according to the foregoing votes relating to this affair, to Mr. Caleb Page, with the number of the lot or lots so returned.
Voted, That this meeting be adjourned till Monday, ye fourteenth of this instant May, at Mr. Samuel Rankin's, at eleven of the clock in the forenoon.
May the 14th. Met according to adjournment. Voted, Joseph Blanchard, Jr., Moderator, pro tem. Voted, That the meeting be dissolved.
Testis : ALEXANDER McMURPHY,
Proprietors' Clerk.
N. B .- Whereas this notification was neglected to be put up in its proper place, and was essential to the fore- going articles, upon finding of it I have inserted it :
ADVERTISEMENT.
Whereas there are several proprietors that are under obligations by the grant of that tract of land, known by the name of Starkstown, to make immediate settlement
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HISTORY OF DUNBARTON.
upon their respective rights, otherwise they forfeit them, so as they are liable to be sold by vote of a major part of the proprietors legally assembled, &c. : These are, there- fore, to give public notice to all such delinquents, that if they do not forthwith proceed to make settlement, and comply with the grant of said tract of land, their lands will be exposed to public sale the first Tuesday in April next, at the house of Mr. Samuel Rankin, in London- derry ; particularly the original rights of the several pro- prietors hereinafter mentioned, viz. : that of Hugh Jame- son, Mr. Todd, Thomas Follansbee, Alexander Gault, Joseph Cochran, Archibald Stark, Jr., Hugh Dunshee, and several others will, we hope, (the owners of these rights) prevent.
Given under our hands this 8th day of February, 1753.
CALEB PAGE,
JOHN HOGG, Committee.
SAMUEL RANKIN,
Testis : ALEXANDER McMURPHY,
Proprietors' Clerk.
These are to give notice to the proprietors of a place called Starkstown, that they meet at the dwelling-house of Mary Rogers,* in said place, widow, upon Thurs- day, the fourth day of October next, at twelve o'clock of said day :
Firstly. To choose a moderator, to govern said meeting. Secondly. To choose a proprietors' clerk.
Thirdly. To see if the Propriety will choose a committee, to lay out what highways they judge needful at present, as also the said committee to inspect the highways already, have said that they are cleared and made fit for traveling.
Fourthly. To see if the proprietors will take some suit- able method to oblige the non-resident proprietors to assist
* Widow of James Rogers.
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HISTORY OF DUNBARTON.
in clearing and repairing ye highways that are at present necessary for the present settlers, or lay a reasonable tax upon each non-resident's right, in order to enable the residents or settlers to hire hands to clear the aforesaid roads.
Fifthly. To see if the proprietors will choose a com- mittee to call meetings, when it shall appear to them to be for the advantage of the whole community, for ye present year.
Sixthly. To see if the proprietors will choose a commit- tee to subdivide the land not yet laid out, joining upon Bow line, and to consider how much land shall be laid out to each right, so as to make each right equal in their Propriety.
Seventhly. To see if the proprietors will build a house where it may be judged most advantageous for the public society for a house of worship, or meeting-house, and to consider the dimensions of the same, and choose a com- inittee to see the same done, and raise a tax upon the pro- prietors to defray the expense of the same.
Eighthly. To see what the proprietors will do concern- ing the minutes of the lots of said town that are said to be lost.
Ninthly. To choose a committee to see that the votes and transactions of said proprietors be all put into the proprietors' book, for records of said town, in their proper order.
Given under our hands this eighteenth day of Septem- ber, 1753.
Per order of
JOHN HOGG, HUGH RAMSAY,
Committee.
Starkstown, October ye 14th, 1753. Met according to the foregoing warning.
5
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HISTORY OF DUNBARTON.
Firstly. Voted, That Caleb Page be moderator for said meeting.
Secondly. Voted, That Caleb Page be clerk for said Propriety for the present year.
Thirdly. Voted, That William Putney, William Stark and William Stinson be a committee for laying out roads where they are needed, and likewise to see them cleared.
Fourthly. Voted, That there be six pounds, old tenor, raised upon each right liable to pay taxes, or four days' work for a year from this date ; and that there be six days' notice given to the non-residenters, before the work is to be done.
Fifthly. Voted, That the clerk of this Propriety shall warn meetings at the request of seven, or ten, or more.
Sixthly. Voted, yt (that) William Stark, Caleb Page, Jr. and Obadiah Foster be a committee to perambulate the line betwixt Bow township and Stark's township.
Seventhly. Voted, That there be a house for public worship built, of thirty feet square, and ten feet posts. Also, voted, That Caleb Page, Samuel Rankin and John Stark be a committee to build said meeting-house.
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