USA > New Hampshire > Rockingham County > Hampton Falls > History of the town of Hampton Falls, New Hampshire : from the time of the first settlement within its borders, 1640 until 1900 > Part 35
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for every three .- Provided that nothing in this act shall extend or authorize said corporation to demand or receive toll of any person who may be employed about the marshes; nor of any officer or soldier of the militia under arms, going to or from the place of military duty; nor of any person going to or from any funeral that may have occa- sion to pass said gate; nor from any person going to or from public worship on the Sabbath in the town of Hampton; nor from any inhab- itant of the town of IIampton going to or returning from Dodge's mill, so called.
The said corporation shall not take any toll until said road shall have been viewed by the justices of the superior court or a major part of them, and their certificate thereof shall have been recorded by clerk of said corporation. The said corporation was authorized to purchase and hold all necessary land. The shares of any proprietor may be transferred by deed executed, acknowledged, and recorded by the clerk of said corporations on their records. The corporation was liable to indictment if their road or bridges were not kept in proper repair the same as any other highway. At the end of every three years after setting up the toll gate an account of the receipts and expenditures of said Turnpike company shall be laid before the justices of the superior court. Failure to do so would cause their grant to be forfeited. If the net profits for the said three years shall exceed nine per centum per annum the said court may reduce the future rate of toll so far that it may not exceed nine per centum per annum, and if the said profits shall not amount to six per centum per annum the said court may raise the future tolls so that it shall not be less than six nor more than nine per centum per annum. If the turnpike is not completed within three years from the passing of this act, and agreeable to its provisions of every clause thereof, it shall be null and void.
The state of New Hampshire may at any time repay the proprietors the amount expended by them on said turnpike, with, nine per centum per annum in addition thereto, deducting the toll actually received by said corporation, and in that case it shall to all intents and pur- poses be the property of the state of New Hampshire. The legislature of this state shall have a right to adopt such measures in future as shall by them be considered necessary or expedient to compel said proprietors to keep said road in repair.
State of New Hampshire, December 22, 1808. The foregoing bill having had three several readings passed to be enacted. Sent up for concurrence.
CHARLES CUTTS, Speaker.
In the senate December 22, 1808. This bill having been read a third time was enacted.
Approved December 23, 1808.
SAMUEL BELL, President.
JOHN LANGDON, Governor.
A true copy.
Attest:
PHILIP CARRIGAN, Secretary.
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HISTORY OF HAMPTON FALLS.
By the act of incorporation no toll could be taken until the road had been viewed and accepted by a majority of the justices of the superior court and their certificate recorded upon the books of the corporation.
Exeter, September 22, 1809.
We the subscribers having viewed Hampton causeway and the road contemplated in the within act of the legislature do approve the same. ARTHUR LIVERMORE. RICHARD EVANS.
The first meeting of the corporation was held at Hampton on the first day of February, 1809. Edmund Toppan was chosen clerk. Hon. Oliver Peabody, Nathaniel Gilman, Esq., Col. Benjamin Shaw, James Leavitt, Esq., Capt. Thomas Ward, Samuel F. Leavitt, and Theophilus Sanborn were chosen directors, and Hon. Christopher Toppan was chosen treasurer. By the by-laws adopted it was pro- vided that the future meetings should be called by the clerk by pub- lishing in the "Oracle," printed in Portsmouth, two weeks before the meeting, and by posting similar notices at the meeting-houses or some other public places in Hampton and Hampton Falls at least eight days before the meeting. The clerk, treasurer, and directors were chosen for the term of one year, or until their successors were chosen. The majority of the directors were authorized to do all business pertaining to the corporation. The clerk was to keep a true record of all proceedings of the corporation, and call all future meetings by giving notice in the same way and manner as the first one was called. The annual meeting was to be holden in Hampton on the first Monday in February of each year. Whenever a major- ity of the directors or the proprietors of fifty shares should request a meeting to be called, the clerk should call it.
The form of the certificate and method of transfer were entered upon the records. Each proprietor was entitled to receive a cer- tificate with a blank transfer agreeably to the forms laid down after having paid the first assessment thereon.
The par value of the stock was sixty-five dollars per share and two hundred shares were issued, making the capital thirteen thou- sand dollars. The stock was mostly owned in Hampton and Hamp- ton Falls, and all in the immediate vicinity. At the second annual meeting the number of directors was reduced to five, and at the meeting following to three, which was the number of directors chosen as long as the corporation remained in existence.
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The corporation had some difficulty and delay in settling with the land owners. A committee from the Turnpike company and one each from the towns of Hampton, Hampton Falls, North Hamp- ton, and Seabrook, were selected to agree upon the terms by which said towns could use the road when completed. The town of Hampton was to gravel the turnpike from the northerly end to the middle bridge. North Hampton from the river to the middle bridge, Hampton Falls and Seabrook all south of the river to Sanborn's hill, so called. The graveling was to be done to the acceptance of the directors of the Turnpike company. For graveling and keeping the roadbed in order all the inhabitants of said towns were to pass free over the turnpike. The Turnpike company was to keep the fences, buildings, and gate in repair.
November 27, 1811, Levi Healey was appointed toll gatherer. Ilis compensation was eighty dollars per year and the use of the land and buildings belonging to the corporation. Mr. Healey con- tinued toll gatherer until his death, which occurred a year or two later. He was succeeded by Caleb Towle, who was to receive the same compensation as Mr. Healey and in addition a shoemaker's shop was to be built for his use. Captain Towle continued toll gatherer as long as the corporation existed, but did not receive as much compensation during the later years.
The amount of toll received from February 4, 1810, to August 4, 1812, was $2,461.81; from August 3, 1812, to August 3, 1815, $4,065.38 ; from August 3, 1815, to August 3, 1818, $2,703.49 ; from August 3, 1818, to August 1, 1821, $2,469.02; from August 1, 1821, to the close in 1826, $3,370.62; total amount received in tolls dur- ing the time the turnpike was in existence, $15,070.32. The amount of dividends paid stockholders was $10,726, which was a little more than five per cent on the principal during the time the turnpike was in operation. The turnpike was sold to the towns of Hampton and Hampton Falls for $4,000; the real estate to Capt. Caleb Towle for $550. It will be seen that the owners met with considerable loss.
In 1815, four hundred and thirty-three willow trees were set out along the sides of the road, none of which lived except a few around the house.
There are a number of reasons why the venture was not more profitable and successful. There was a highway in existence over the route before the turnpike was built, and the public had a right to use it. Then the bargain was made with the four towns to keep
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HISTORY OF HAMPTON FALLS.
the roadbed in order. As a compensation for this all the inhabi- tants of those towns were to pass free. When any families in these towns had company who wished to pass over the turnpike some one living in the town would drive the team and it went free. A bag of corn would pass a team. These and other exemptions served to defraud the company of a great deal of revenue.
A slight bridge was made over the river a mile or more above. A very good path was constructed to it from each side, and here teams could pass without any expense. This was called the "shun pike," and diverted considerable travel from the turnpike. The stages came this way for a few times until more favorable terms were granted them by the Turnpike company. Tradition says as many as sixty teams in a line, loaded with produce from "down East," have been seen at one time crossing the "shun pike." There was also a religious motive which did as much as anything else to keep this way open. Mr. William Brown and Theodore Coffin, who were active promoters in building the Baptist meeting-house in 1805, owned the land over which this way passed. At that time nearly all who lived in what was called "Guinea" attended meeting here, and found this a very much nearer way than by the road. This way began at Theodore Coffin's house (where Robert F. Williams lived in Hampton) and came out at what was called "Unele Billy Brown's gate" in Hampton Falls. The "shun pike" was closed when Mr. Brown's interest in this church ceased.
The court, regardless of the fact that the legislature had granted the turnpike a franchise to do business, instead of protecting them, laid out a road from what was known as Vittum's corner (near Norman Marston's house in Hampton) to "Shun pike" bridge, and another road was laid out from some point in North Hampton across the town of Hampton to the hill in Hampton Falls. These roads could be built only at great expense and would have been a heavy burden on the towns. The business of the turnpike would have been ruined, thus inflicting a great wrong on those who had invested their money in good faith in the turnpike. The owners of the turnpike were forced to sell at a low price in order to escape total loss. The towns were forced to buy to escape the great ex- pense of building the roads laid out by the court. The turnpike was forced out of existence by the unjust action of the court. It required quite an effort to get these roads discontinued after the towns had acquired the turnpike. When the people of four towns in, the immediate vicinity had the right to pass free over the turn-
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pike, it seems strange that pressure enough could have been brought to induce the court to lay ont the new roads which would have diverted the business ; but the Eastern Stage Company, then a rich and powerful corporation, was said to have been the mover and pro- moter of the new roads. Even after the turnpike was made free it was a great effort to prevent the roads from being built. The oppo- sition of Mr. William Brown to the roads crossing his farm is said to have done much to stop the building, to which more than nine tenths of the people in the two towns were opposed.
The length of the turnpike was one and three fourths miles; its cost, $14,173.66. It was built in 1809, and discontinued in 1826. When Hampton Falls accepted the terms of sale of the Turnpike company, it was upon condition that the roads laid out by the court should be discontinued. If not, the vote was to be of no effect. The payment on the part of the town was to be made in install- ments ; the last one was paid in 1830.
The agitation caused by laying out the new roads by the court was considerable in this town.
1822. Voted to build up and make passable the old road where it. formerly was to Hampton line, if it is acceptable to the court, instead of the new road from near John Pike's house to near Capt. Jonathan Marston's in Hampton. Voted that Wells Healey be the agent to at- tend the court of sessions and make this offer and oppose the acceptance of the committee's report.
In 1825, the town voted to discontinue the road laid out by the court of sessions from Hampton line to Stephen Dodge's, and peti- tioned the court of common pleas at its next session for the purpose. Both of the above roads were discontinued by order of the court in 1826, after the towns had bought the turnpike and made it a free road.
Tradition says that after the turnpike was opened for travel the bridge on the old road was continued for a time, and was used by persons who wished to defraud the company. It was rumored that on a certain night a tub of punch would be located upon the bridge with a "go as you please, free to all." The bridge disappeared dur- ing the night and was no longer a source of annoyance.
25
TOWN COMMON.
MANY people labor under a misapprehension in relation to the town common,-by whom and to whom it was granted. Many believe it was given by Meshech Weare to the state to be used as a parade ground; others that Mr. Weare granted it to the Third regi- ment to be used by them as a parade or training place, neither of which is correct, as the records will show.
At a meeting of the commoners of Hampton March 20, 1721 and 1722, a committee chosen to survey the common lands exempted one piece of land for a training place by the Falls meeting-house, about four acres. This land was simply set apart for the purpose named, and was not conveyed to the state or any one else. The town has since deeded portions of this land to the state at two dif- ferent times, once for a place to set a gun house and again for a location for the Weare monument, which would in neither case have been necessary had it previously been owned by the state. At the time this land was granted Meshech Weare was but nine years of age and did not live near it, so that we must conclude that the record is correct, as the same account appears upon the Hampton records as well as upon those of this town. There is probably not as much land now lying common as was granted, as some encroach- ments have undoubtedly been made.
At the annual town meeting held March 12, 1799, it was voted to choose a committee to ascertain any encroachment supposed to have been made on the common or parade where the old meeting- house formerly stood, said parade being originally left by the com- moners of Hampton for a training place, and measuring about four acres, by a committee of said commoners in the year 1722, as appears by the town records.
The committee for the above purpose was Peter Tilton, Esq., Lieut. Jonathan Cram, Capt. Levi Healey, Theophilus Sanborn, and Maj. Joseph Dow.
At the annual meeting March 11, 1800, a committee having been chosen and appointed to make report whether there had been any encroachments on the training field or common, and having re- ported that there were encroachments thereon, it was-
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TOWN COMMON.
Voted that the selectmen be a committee in behalf of the town to choose a select committee to determine such incroachments, with those who have made such incroachments, and that the same be decided and determined on or before the first day of August next, and if the aggressors should not of their own accord, or by advice of the commit- tee, remove or cause to be removed all such incroachments by the said first of August next. If the cause be not then removed nor adjusted that the selectmen present said incroachments.
At a legal meeting held June 30, 1800,-
Voted that Mr. Nath1 Healey move all incroachments he has made upon the common land in this town where the old meeting-house form- erly stood, which was left by the town of Hampton for the use of a training place, as appears by the transactions of a committee of the commoners on the fifth day of November, 1722. Also that Mr. Healey return the milestone he took away to its former situation, and it is the desire and earnest request of the meeting that Mr. Healey per- form this most reasonable request before the last day of August next.
Mr. Healey at that time owned the old parsonage house and land, which was situated across the road from the common on the east, and now owned by the heirs of Thayer S. Sanborn. The milestone was probably not returned, as it now does duty and has for many years as a doorstone to Mrs. Joseph T. Sanborn's house.
At the annual town meeting March 10, 1801,-
Voted that the selectmen pay those men who purchased a piece of land of Nath! Healey for forty dollars, they giving a deed to the town, which formerly belonged to the training field, the sum they gave Mr. Healey, and that it be kept open for the use of a training field and the benefit of the school.
This was probably the land the town allowed Mr. Pervear to occupy in exchange for a lot he had south of the parsonage house. Josiah Peryear, who had been living there, was rated for the last time in 1801, and probably the lot had in some way got into Mr. Healey's possession. The Pervear lot was near where the school- house now stands.
In the warrant for the annual town meeting in 1809 occurs this clause. "To see if the town will pass any vote respecting the Hamp- ton Turnpike company having gravel out of the hill in said town." This article was not acted upon.
1819. Voted to choose a committee to see that there be no infringe- ment upon the common.
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HISTORY OF HAMPTON FALLS.
In 1834, Caleb Towle, George Janvrin, and George H. Dodge were chosen a committee to superintend the public square near Stephen Dodge's, and see that it was kept clear of every incum- brance.
It was voted early in the present century to deed the state of New Hampshire a piece of the common on which to set a gun house, which was done. The gun house stood between the present site of the schoolhouse and the Exeter road at the west end of the com- mon.
1834. Voted to grant the proprietors of Rockingham Academy, Hampton Falls, permission to locate said academy, and occupy suffi- cient land necessarily required for its location on the public square near the schoolhouse in said town.
It has been said that the academy was not located in the place on the common where it was understood it would be at the time the vote was past, which caused some dissatisfaction.
1845. Voted that the proprietors of the Rockingham Academy have permission to enclose the Academy building by a yard, and in case the building shall cease to be used for the purpose of a school then the land thus enclosed shall revert back to the town.
Amended by vote "that the selectmen define the boundaries of the yard." A large yard was enclosed by a two-rail fence, which continued as long as a school was kept here. The fence then grad- ually went away until it all disappeared.
1853. Voted that Wells Healey, John B. Brown, and George H. Dodge be a committee in behalf of the town to convey to the state of New Hampshire the land east of the Academy yard, containing about 50 rods, for the purpose of erecting a monument to the Hon. Meshech Weare, and the said committee be authorized to cause the same to be graded and enclosed by a suitable fence, and the selectmen are hereby instructed to pay the costs of the same, when approved, out of any money in their hands.
This land was graded and made smooth and then fenced with a two-rail fence and stone posts. The cost of grading and fencing was $274.80. The probable reason for deeding and fencing so large an area was that the common had been used for a gravel pit, and had been left rough and covered with boulders, presenting anything but an attractive appearance, and if fenced and graded a stop would be put to this to that extent. Why the sentiment of the town
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TOWN COMMON.
allowed the common to be used in that way is hard to understand. Daniel Webster is reported to have said that our common was one of the most beautiful spots he saw in his travels. The extended view, which included the ocean and the mountains, was probably the occasion of this remark.
After the academy was burned in 1875, the common was cleaned up and leveled. The fence around the monument lot was removed and an iron fence was erected close around the monument by the state. The Village Improvement Society has set out a large number of shade trees, which when grown will add much to the beauty and attractiveness of the common. They have also put up street lamps at the corners made by the roads. From the interest now taken it would seem impossible for the common ever again to present a neglected appearance.
In 1897, through the efforts of Hon. William E. Chandler, United States senator from New Hampshire, four thirty-two-pound guns and two hundred and twenty shells were secured for this town from the United States government. They have been placed in position around the Weare monument. The shells are in four stacks of fifty-five each, alternating with the guns. There have probably been some encroachments upon the common, yet actual measurement shows that there are now four acres in the enclosed space. In 1814, Maj. Joseph Dow deeded to the town eighteen rods of land which joined the northeast corner of the parade ground for forty dollars, which may make good what has been lost else- where.
LOCAL NAMES.
IN every town are local names applied to roads, hills, streams, etc. We have been able to find a reason for some of those in this town.
"Taylor's river" was named for Anthony Taylor, who was the first of the name and one of the earliest settlers of Hampton. He was a man of activity and enterprise. He became a large land owner, and lived where Christopher Toppan now lives. The name of Taylor's river was in use as early as 1656, when Robert Page had permission to erect a sawmill thereon.
"Kenny brook" was named for John Kenny, who was a black- smith and lived near the brook in the corner of E. B. Towle's field.
"Brimstone hill" was named because at the time of the earthquake in 1727 considerable dirt was thrown out here which smelled strongly of brimstone. Just where this place was we are unable to say, but we have been told that it was on the south cant of the hill. The place was said to have been very wet and springy in the accounts given of it. The land between Edwin Janvrin's house and the blacksmith shop answers well to the description. Some have attrib- uted the name to the bitter feeling which existed after the new meeting-house was built, the name being applied by those living in other parts of the town. The weight of evidence is in favor of the earthquake theory.
"Grape-vine run" was so named because of the wild grapes which grew along its banks.
"Ordination hill" received its name because Elder Ebenezer Leavitt was ordained there in 1808 to preach in the Christian Bap- tist denomination.
"Morton hill" was named for a family of that name who once lived there. The name of Morton appears on our record for the last time in 1747.
"Butler's hill" derived its name from a family of that name who lived there before the Revolutionary War. They were Royalists, and like many others who adhered to the English cause, removed to the British provinces. Robert H. Butler, now living at Fogg's corner, is a descendant.
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LOCAL NAMES.
"Great hill" received its name from its magnitude. The early inhabitants must have come from a level country as they applied the name hill to very slight elevations, and from this fact could hardly help naming this as they did.
"Cock hill" was in the early days a resort for wild turkeys. That some large cock turkeys were seen there is said to have been the reason why it was so named.
"Munt hill" was named for an Indian who frequented the place.
"Ram hill" was so called because a pasture for rams was located near there. A vote was passed at nearly every annual town meeting to prevent rams running at large at certain seasons, and a pasture was provided where they could be confined during the time when it was not desirable to have them running at large.
"Lang's hill" was near Ram hill, if not identical with it, so called because a family named Lang once lived there.
We have never heard any reason for the name of "Murray's row." No person of that name appears upon the records, but there is proof that the name was in use and applied to this locality at least seventy- five years ago.
"Hogpen road" was the name applied to the south road in the early times. It is spoken of in the early records by no other name, and deeds are now in existence in which lands are bounded on the Hogpen road. This name was not applied out of any disrespect to the road or its inhabitants, but because in 1665 Rev. Seaborn Cot- ton, the minister at Hampton, had a farm granted him at "Hogpen plains" in Kensington, and the name was applied to this road be- cause it led up to Hogpen plains where the farm was. This farm was said to have been situated a little southeast of where the Blake store now is, and contained two hundred acres.
The middle road was called "Drinkwater road" on the early records. Lands were bounded upon Drinkwater road in the early conveyances. The name is said to have originated because a man traveled the whole length of the road asking for a drink of cider, and was in every case given water. He said, "This must be the drink-water road."
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