USA > New Hampshire > Hillsborough County > Lyndeborough > The history of the town of Lyndeborough, New Hampshire,1735-1905 > Part 9
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May 22, 1792, we find the following record : -
PETITION.
To John Shepard Esq' one of the Justices of the Peace within & for the County of Hillsborough & State of New Hampshire.
The Petition of the Subscribers, Proprietors of the Common & Undived Land, in the Township of Lyndeborough in said County,
Pray your Honor, to issue your Warrant for calling a meeting of the Proprietors of said Coinmon, & undivided Land, to be holden at the House of Capt. Benjamin French Innholder in Dunstable in said County on Tuesday the Eleventh day of Sep- tember next, at Ten of the Clock in the forenoon, to act upon the following Articles, Viz.
Ist. To choose a Moderator to regulate said Meeting.
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HISTORY OF LYNDEBOROUGH
2nd. To choose a Clerk, Committee & other Officers if need be. 3rd. To determine on some effectual method for dividing said Lands so that they may be held in Severalty, or to sell the same entirely. To settle with the Original Grantors & all Persons whomsoever, having Demands against the said Proprietors, & to see if they will prosecute such person or persons as may have committed Waste upon, or unlawfully entered or trespassed upon said Common Interest, or any part thereof ; and do whatsoever may be necessary for a final settlement.
Salem 22nd May 1792
William Walter William Pickman Andrew Oliver
Samuel Welles Stephen Goodhue B. Goodhue Nehemiah Rand.
The warrant was issued in response to the foregoing petition, and was published in the "Boston Chronicle " and the news- paper at Portsmouth three weeks in succession, and the meeting was duly held and in legal form. "Present a large majority of the Proprietors aforesaid."
Voted Rev. Wm. Walter, D.D., moderator, and Rev. Sewall Goodridge, clerk. "A letter from John Pierce Esq., as Agent for the Grantors of the Town of Lyndeborough Township di- rected to the Grantees in the present Meeting, making proposals respecting certain deficiencies of Land in the proportion assigned them by the Charter, was then read & considered, and thereon Voted that the same lie over for further consideration."
" Upon examining the Charter & carefully comparing it with the plan, it appears, that the line extending from the Southwest Corner of New Boston Addition ought to run One Mile & an half North. Whereas by the encroachment of certain Persons purchasing under Colº Wallingford, the line does not exceed One Mile- by which a great loss accrues to the Grantees, as well as much difficulty in laying out the lots bounding on that line. Therefore Voted, that one or more Agents be appointed to treat with the aforesaid Purchasers of Wallingford right & if possible to come to an amicable adjustment of the dispute so as to ascertain the length of said line, & in failure thereof to com- mence a Prosecution for the recovery of the Land by them wrongfully detained." Voted, to choose two Agents, & chose Collo Phillip Putnam & Nehemiah Rand Esq. and the meeting
-
81
SALEM-CANADA
adjourned to the last Tuesday in October, at II o'cl. in the fore- noon, at the same place.
At this adjourned meeting the Moderator & Clerk of the former meeting were present & also Nehemiah Rand Esq. & Colº Phillip Putnam, in their own Right & by Agency repre- senting Twentyeight Shares.
The agents reported "that they had waited on several of the Purchasers of Colonel Wallingford's Lot, & after two confer- ences with the principal of them, it was agreed that they would attend this meeting to confer with the Proprietors then Assembled."
" Messrs. Betton, Fisher & Butterfield did attend, and after much time spent in explaining & hearing the Grounds of the different Claims, it was agreed at the request of the Purchasers aforesaid " to refer the matters in dispute to the next meeting, to enable them meantime, "to obtain the Sense of their Part- ners on the Subject."
" Mr. Atherton being present in behalf of the Grantors, pro- posed that the Letter from John Pierce Esqr. be taken into con- sideration ; whereupon,
Voted, That any Interference of Mr. Carleton's Survey of Eight Lots laid out to the Grantors with the Survey formerly made by Mr. Fletcher shall be duly attended to, & if any errors they shall be rectified."
After a further consideration of accounts against the " Pro- priety," a vote was passed, empowering the committee, Col. Putnam and Mr. Rand, to dispose of enough of the common land joining on the north side of Wilton to pay the debts, then nearly sixty pounds.
" Rev. Mr. Sewell Goodridge desired that the Proprietors would consider of an Encouragement " given him by the pro- prietors' committee in 1779, "that he should have a strip of Common on Wilton Line, containing about thirty-five acres;"' and showed a paper to that effect, signed by the late Judge Lynde, as proprietors' clerk.
The case was considered and the land granted, and Nehemiah Rand Esq. was appointed to execute the deed of conveyance. The proprietors further, voted, "that the Committee, Mr. Rand and Col. Putnam apply to John Shepard, Esq. to inspect and see what errors or deficiencies have arose from the Survey of Carlton's Eight Lots on the North West Corner of the town by interfering with Fletcher's Survey of Nineteen Lots to
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HISTORY OF LYNDEBOROUGH
the Grand Proprietors on that side, and that a copy of the same be delivered to the Committee for the Inspection and use of the Proprietors." After this the meeting adjourned to the third Tuesday of Feb., 1793. At this latter date, Feb. 19, 1793, the purchasers of Wallingford's lands were present and "exhibited a variety of papers and Plans endeavoring to con- vince the Propriety (of Lyndeborough) that they ought to be contented with the Line at the head of New Boston addition, though it measures by their own Survey One Mile & 103 Rods only, instead of One Mile & half as by Charter, & Mr. Robert Fletcher's Plan." What was offered by Messrs. Betton &c. being in no respect satisfactory, Doctor Walter then moved, " That to avoid an expensive & lengthy Lawsuit, the Parties should agree to leave the Line in dispute to Referrees, to be mutually chosen & to abide by their decision, let them decide as they may. This was consented to by all the Proprietors of Lyndeboro' present, but was refused by the Purchasers under Wallingford,-they chusing to have the matter decided in a regular Course of Law."*
Nehemiah Rand Esq., and Col. Putnam, the committee ap- pointed to sell so much of the common lands as would suffice to pay the debts of the " Propriety " and redeem such redeemable lands as have been sold for taxes, exhibited a plan of a strip on Wilton line which they had caused to be surveyed and ap- praised and reported that " there were Persons in Treaty for the same, and though not as yet sold, there was no doubt but the whole would be shortly sold, and they should be in Cash for the purposes of their appointment. Voted, That all further proceedings respecting the prosecution of the Purchasers of Wallingford's Lot as Intruders, be deferred till the adjourn- ment of this meeting." But, meantime, Mr. Rand and Dr. Walter were to procure, each respectively, from John Shepard Esq., and Col. Israel Hutchinson what information he could respecting the lands in dispute, and report accordingly at the next meeting.
" Voted, That the agents sell with all convenient speed the Lands laid out on the South Line of Lyndeborough by Wilton, & before the next meeting do discharge all Debts, Dues & Demands against the Proprietors, as far as shall come to their knowledge.
Voted, That they cause a Survey to be made of Two Lots
* Proprietors' Records for Feb. 19, 1793.
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SALEM-CANADA
of 130 Acres each to be laid out to the Grand Proprietors, to make up the Deficiency they claim. And one Lot of 60 Acres to the Town to be for the Public School. And so much to those two or three Lots which were in part cut off by Wilton as will make up their Quantity."
The records indicate a succession of endeavors to deal honestly, to pay all just debts and demands, and fulfill all agreements entered into by charter or other contract.
The agents appointed reported the discovery of great damages which had been done to the interest of the proprietors in Lyndeborough ; and "that they had taken such measures as they apprehend have effectually put a stop to any further depredations, and beg to be informed what is further advisable to be done in the Business, upon which
Voted, That the Agents have the Thanks of this Propriety for their vigilance, & the part they have taken & that it be referred to the next meeting to determine what necessary steps shall be taken to recover the damages that appear to have been done.
Voted, That Nehemiah Rand Esq. be Authorized and em- powered to make the Conveyances of the Land to be sold, in the Name of the Propriety.
Voted, A strip upon Wilton East Line to Rev. Sewall Good- ridge in lieu of his rights in the commons, one-third of which, however, he was empowered to sell and convey when a purchaser appeared, and give the money to the agents for the proprietors."
At the meeting in June, it was thought that they ought to appoint a treasurer, and they accordingly appointed Dr. Willlam Walter to that office.
Col. Putnam then informed the proprietors that Mr. Rand and he had sold the largest part of the strip on Wilton ; that they had paid the taxes due on redeemable lands and they were redeemed accordingly ; but that for the remainder, they had taken notes of hand payable in six months from date, which he accordingly delivered to the treasurer ; viz :
Notes dated
Mar. 23, 1793, by Jacob Dascomb Indorsed, Paid
8
0
I
I O
Mar. 23, 1793, by James Dascomb Jr.
18
IO 0
Indorsed, Paid
I IO
0
Mar. 23, 1793, by Jacob Putnam Indorsed, Paid
16
18
6
Mar. 23, 1793, by Daniel Batchelder
IO
8
Mar. 25, 1793, by Daniel Goold
28
16
0
Indorsed, Paid
3
O
Apr. 22, by Simeon Holt
20
O
£.
S. 8
d.
I
II
84
HISTORY OF LYNDEBOROUGH
Nehemiah Rand Esq. exhibited a correct plan of the com- mons taken by John Shepard Esq., together with the lot laid out for the school, 60 acres, two lots of 130 acres each to the lord proprietors and one lot of 130 acres to the right of Swan. Also receipts for taxes paid 1788 and 1789, with deeds which had been given by the constables for land sold for taxes, now redeemed-the whole amounting to 136 I shilling and 10 pence.
" Voted, That the lots set off to the proprietors on the plan be accepted and further
Voted, That Nehemiah Rand Esq., Col. Philip Putnam, and Maj. Daniel Goold be and hereby are a committee to prosecute trespassers, or to adjust settlements with them in such manner as they think best. Adjourned to the third Tuesday of Septem- ber, 1793."
Met again at last named date and place, Dunstable, present Rev. Wm. Walter, D.D., moderator, and Rev. S. Goodridge, clerk, and a majority of the proprietors. The committee ap- pointed to treat with trespassers reported ; that they had settled with the major part of them, and in their deliberate judgment, upon the best terms they could, and had taken their notes pay- able on demand, for the adjudged damages, giving them dis- charges severally.
" They further report, that the sums agreed for together with what they expect, They apprehend, will be sufficient to dis- charge all the taxes that have been laid on the said common from time to time in years past, & for redeeming the land sold, & to pay the committee's expense of attending the business, as also the attorney & Judge Shepard's bills for assisting the com- mittee. The report was accepted.
They then voted, that the school lot of 60 acres laid out by John Shepard, Esq. on the north line of Lyndeborough by Greenfield be accepted."
This appears to be the first mention of Greenfield in the pro- prietors' records. It had been "incorporated June 15, 1791, and was composed of portions of Society Land, Peterborough and Lyndeborough and land between the two last named towns, called Lyndeborough Gore."*
The portion taken from Lyndeborough contained the homes of many of our noble citizens who had distinguished themselves in the Revolutionary War, and as such rightly adorn the records of our town.
*Hist. of Hillsboro County, p. 331.
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SALEM-CANADA
Resuming the record of Sept., 1793, the Lyndeborough grantees proceed :
" And now having laid out to the Lords Proprietors the lands due to them by charter, & having satisfied all other claimants as far as have come to the knowledge of the Grantees," they vote to sell all the remaining common lands at auction. Notice of this sale was given; but before it came off, there arose a doubt whether it could be legally done. The sale had been appointed for the 29th of October, 1793; but owing to doubt as to its legality, the auction was adjourned to the last Tuesday of April, 1794. It was then voted to petition the General Court for power to effect such sale; and Nehemiah Rand, Esq., was appointed to present the petition, which he did. The Legislature were of opinion " that the powers of the Judge of Probate by the exist- ing laws, were sufficient for the settlement of the propriety."
The following letter was read and considered, and it was voted that the same be signed by the clerk and sent to John Pierce, Esq., clerk of the Masonian proprietors, in answer to his letter, dated Sept. 5, 1792.
John Pierce Esq.
Sir. The proprietors of the common & undivided lands in Lyndeborough have received your letter of Sep. 5, 1792 with your proposals inclosed ; and after minutely weighing the contents were of the opinion, that whatever deficiency there was in lots No. 4 & 5, should be made good to those lots. And also as two of the lots laid out to the grantors, were entirely cut off, so that the proprietors of No. 1 & 2 had lost their lands, that two other lots in some part of the commons, consisting of 150 acres each, should be laid out to them ; that a final close might be made between the grantors & proprietors.
And I have the honor now to acquaint you that the proprie- tors have caused by their Surveyor, John Shepard Esq. the defic- iencies in Lots No. 4 & 5, to be made up. And two lots of 150 acres each, to be laid out of the commons for the grantors agree- able to the Survey, which I have the honor to transmit you, which I hope will be satisfactory. And am with esteem,
Your most Humble Servant
S. Goodridge, Proprietors' Clerk.
The Lyndeborough proprietors voted to place on their records
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HISTORY OF LYNDEBOROUGH
the letter of John Pierce, Esq., of Sept. 5, 1792, to which the preceding letter was answer. The letter is as follows :
Portsmouth Sept. 5, 1792. .
Gentlemen.
You will find by the inclosed vote of the Masonian pro- prietors, the grantors of Lyndboro' that I am"appointed to settle with the grantees, respecting the common land, and by the set- tlement inclosed, that there is an interference between the first division of 200 acre lots by Fletcher, & the second division lots of 150 acres by Carleton. This was occasioned by Judge Lynde's ordering a resurvey of Fletcher's lots, by which means lie crowded them so together as to leave room for near three of Carleton's lots, in the northwest corner, whereas in fact, there is room for only about one lot ; now this resurvey is totally inad- missible, for after Judge Lynde had returned Fletcher's plan, & it had been accepted, & the lots drawn for & recorded it made a decided severance of that division of lots to the individuals who severally drew each lot, & no act either of the grantors or grantees could alter that severance, & each individual will clearly hold by Fletcher's plan, & the bounds made by him, whether they be right or wrong, more or less ; whoever drew each lot must finally abide by it, & will forever be consigned to those bounds. And many persons have bought those lots, & I conclude have set themselves down by Fletcher's bounds & no other. I think, Gentlemen, after examing our statement and plans, you will clearly see that the proprietors who drew Lots No. I & No. 2, in Carleton's survey have lost their whole lots. And the proprietors of No. 4 & No. 5, have lost a considerable part of theirs. And that on the whole there is a further defic- iency of 26 acres to the grantors in common. And that previous to your making any further disposition of the common land, you will do us the justice to lay out 150 acres for each of the lots No. I and No. 2, and as much land for lots No. 4 & No. 5, as are found to be laid out in the first division of 200 acre lots, of equal quality with the lands in general. And as the grantors would not have applied for the 26 acres, if there had been no error, we shall not now trouble the grantees about it. But if the defic- iences of the four lots before mentioned are made up in quantity & quality, forever relinquish all further claim to the common lands in Lyndeborough. Although the grantors apprehend,
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SALEM-CANADA
they have a legal & just claim to a further division in the com- mons over and above the 26 acres.
I am, Gentlemen, Your most Humble Servant,
John Pierce.
To the proprietors of Lyndeborough in proprietors' meeting at Dunstable assembled on Tuesday the 11th day of Sept. at II o'clock before noon.
How appropriate to this speak Shakespeare's witches, " Fair is foul and foul is fair." Not a tittle as to correcting their own errors, so long as poor obsequious Lyndeborough is in their clutches !
The Lyndeborough proprietors requested the moderator, April, 1794, to write to the Masonian proprietors that they had complied with their demands, as stated in the foregoing letter, and they now request from them a full and final discharge.
They then adjourned to Sept. 2, 1794.
At the meeting on the last-named date, Col. Putnam, chair- man of committee on the sale of land &c., reported that several of the trespassers had been consulted, and they had requested a stay of legal process till the proposals of the committee could be considered by their associates. And as the death of Nehe- miah Rand Esq. had happened about that time, the committee had proceeded no further in the premises.
It was then voted that John Shepard, Esq., administrator of the estate of Nehemiah Rand, Esq., be appointed to fill the latter's place on the committee. Voted, further, that the committee cause actions at law to be brought against all trespassers on the common lands in Lyndeborough or Greenfield, and report results at the next meeting. The Rev. Dr. Walter also reported that " he had seen Messrs. Jaffrey and John Pierce Esq. at Ports- mouth, to whom he had made the request that the grand pro- prietors would give to the Lyndeboro' proprietors a full and final discharge of all demands whatever, which request they promised to lay before the proprietors at their next meeting, and supposed there would be no difficulty in granting it." The Rev. Sewall Goodridge was authorized to make and execute all conveyances left unfinished by Nehemiah Rand, Esq., deceased. Several accounts were presented and approved, amounting to a sum which required 50f to discharge the debts, and the com- mittee was empowered to sell land sufficient to produce the re- quired sum. Adjourned.
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HISTORY OF LYNDEBOROUGH
The proprietors met again the last Tuesday of May, 1795, but only to call to order and adjourn again to the last Tuesday in June, 1795.
At this meeting the committee reported "that they had set- tled, & taken leases of all the trespassers, except Solomon Cram, Joshua Stiles, & Israel Balch, whom they have prosecuted, & whose actions are still in litigation."
Mr. Jacob Wellman, Jr., produced a deed showing a good title to a full share or right in the common lands, under Capt. Benjamin Goodhue, and in the previous November meeting, had petitioned that " he might have the privilege of laying off 40 acres which he has improved, adjoining the north and north- westerly part of his own land as a full share or right in the com- mon & undivided land. The "Propriety," therefore, voted that his petition be granted, and that the said land "is hereby granted to him, his 'heirs & assigns forever." Pursuant to this vote, a description of the piece of land and its measurement was presented by the committee and the same was accepted.
The meeting on the third Tuesday in October received a re- port in regard to the trespassers that the actions in law against them were necessarily laid over to the next term of court. The return of a survey of a lot of 130 acres laid out to the heirs of Robert Swan in lieu of the lot returned the second Tuesday in June, 1795, was presented by Capt. Benjamin Epes, surveyor, and was accepted ; and the clerk was directed to give a deed. Accounts for services were presented by Major Goold and Rev. S. Goodridge, and were voted, allowed, and further instructions were given the committee on sale of lands, after which the meet- ing adjourned to the second Tuesday in June, 1796.
Second Tuesday in June .- The committee on the sale of land at this meeting reported that the three trespassers who had most stubbornly resisted settlement heretofore had come to terms. Mr. Solomon Cram had given his note on demand for $80, and had taken a deed of a certain piece of common land. "Mr. Joshua Stiles had disclaimed his right of soil, & the action was dropped,- said Stiles to pay costs." Mr. Israel Balch was present and disclaimed his right of soil. The action was dropped, and he paid costs. "A petition was presented by their committee from the Town of Lyndeboro', stating that by the charter, the town was entitled to ten acres of land about the meetinghouse, & praying the same may be laid out."
" Voted, that this propriety can do nothing in this business ;
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SALEM-CANADA
The Town having made a private agreement with Mr. George Goold, deceased, for setting the meetinghouse on his lot number 70." The meeting adjourned to 6 o'clock in the morning of next day, June 15, 1796. Accounts of John Shepard, Esq., were ex- amined and allowed, the sums received from the trespassers being discounted. Then they voted, "that all impediments being now removed from an immediate division of the undivided land in Lyndeboro', so many of the proprietors as choose to apply to the Judge of Probate in the County of Hillsborough to have their shares set off to them, have now an opportunity of making application accordingly.
The meeting adjourned to the third Tuesday in Sept. next- at this place- at 9 o'clock A. M .; to receive all demands against the propriety, & to settle finally all remaining accounts relating thereto. And all the proprietors will attend said meet- ing - free of all cost & charge against the propriety aforesaid."
Third Tuesday in Sept., 1796 .- Mr. Goodridge reported that he and Major Goold had attended the Probate Court at New Ipswich the third Tuesday in August, and presented their peti- tion for a division of the land. But objection was made by Richard Goold that lot No. 4, bought of George Jaffrey, Esq., fell short of measure ; and by Doctor Russell that the ministerial lot lacked 10 acres on Wilton line, which had not been made up. On this account the judge had adjourned further consid- eration of the petition to his court in Amherst the third Tuesday of October next. Satisfaction was made for these deficiencies, and all accounts were properly settled and audited. A letter from John Pierce, Esq., was read, and the moderator, Dr. Walter, was appointed and desired to answer it in the name of the proprietors. The meeting then adjourned, to meet at the house of Major Daniel Goold in Lyndeborough, the first Tues- day of November next at 9 o'clock A. M.
The proprietors met according to preceding adjournment at the house of Major Daniel Goold in Lyndeborough. Rev. Dr. Walter read a letter prepared by him according to the proprie- tors' request, to be sent to John Pierce, Esq .; and it was voted to accept and place the same on record. The letter is the following :
To John Pierce Esq. Portsmouth.
Sir.
Your letter of September 17th, was received by the proprietors of Lyndeborough at their late meet-
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HISTORY OF LYNDEBOROUGH
ing in Dunstable, the contents thereof were fully discussed, and I was directed to communicate their sentiments upon the sub- ject. You will permit me to call to your remembrance the con- tents of your former letter, Sep. 1792, wherein you declare yourself fully authorized by the Masonian Proprietors, to com- municate to us the extent of their demands, against the pro- priety of Lyndeborough, which were to have two lots laid out to you in lieu of No. I & 2, cut off by Carlton's survey laying over Fletcher's,- and to have No. 4 & 5, made up what deficiency was said to be in them; and then in behalf of the Masonian proprietors, you declare, that these conditions being complied with, you would forever quit all demands upon the proprietors of Lyndeborough; although - further demands might be made. No words can more fully express your mind, no conditional en- gagement can be stronger in honor or in law,
Without entering into the merits of the different surveys or contending that you had already received your quantity, except 26 acres, as appears by Fletcher's resurvey of the 19 lots, & Carleton finding space enough to lay out his eight lots; without entering, I say, into this old dispute, for peace sake the pro- prietors of Lyndeborough immediately voted to comply with your request, & to rectify what you called errors in Carlton's survey ; by which more than 300 acres are in effect given to the Masonian Proprietors beyond their strict due. A committee, at the same time, was appointed to lay out the two lots, & survey No. 4 & 5, to make up the deficiencies in them, if any there were. The committee were two of our most respectable mem- bers, Esqr. Rand & Col. Putnam who took with them one of the most respectable Surveyors in the neighborhood, John Shepard, Esq. They went over the commons & finally fixed on that part of them which lies toward Amherst, & laid out two lots No. I & 2, in lieu of the same numbers in Carleton's survey, said to be cut off, & regular return was made to us & accepted at our meeting June 1793. And an official report to you, as Agent of the Masonian proprietors was ordered to be made, & was in fact inade as appears by a copy of the letter which stands on the records of the clerk of the propriety.
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