Chap. 49 RESOLVE DIRECTING THE TREASURER TO DISCHARGE THE

TOWN OF COHASSET FOR THEIR DEFICIENCIES OF THE
BEEF TAX, AND TO CREDIT SAID TOWN WITH A FURTHER
SUM.

On the petition of Thomas Lothrop, in behalf of the town of Cohasset :

Resolved, For reasons set forth in the petition, That the Treasurer be, and he is, hereby directed to discharge the town of Cohasset, from an execution now lying against the said town, for their deficiency of the Beef tax, which deficiency is the sum of Eighty-one pounds, three shillings and three pence, the said town of Cohasset paying the fees and charges that have already arisen upon the said execution.

And it is further Resolved, That the Treasurer credit. the said town of Cohasset the further sum of Eighteen pounds, sixteen shillings and nine pence, out of the last State tax; the same sums being in full of the deduction which the said town of Cohasset was to receive, by a resolve of the General Court, dated the 11th March, 1784. November 5, 1781.

Chapter 50.

Chap. 50 RESOLVE ON THE PETITION OF DAVID THAYER, TO NOTIFY

SILAS HODGES TO SHEW CAUSE, &c. THE NEXT SESSION OF
THE GENERAL COURT.

On the petition of David Thayer:

Resolved, That the petitioner notify Silas Hodges, and Amos Barret, or their attorney, to shew cause, (if any they have) on the second Thursday of the next session of the General Court, why the prayer of the said petition should not be granted, by serving the said Silas and Amos, or their attorney, with an attested copy of his petition and this order thereon, at least ten days before the said second Thursday of the next session, and that the executions of the said Silas and Amos, against the said Thayer, in the mean time be stayed.

November 5, 1784.

Chapter 51.

RESOLVE ON THE PETITIONS OF THOMAS WALLEY AND JOHN Chap. 51

SIMONDS, DIRECTING THE JUDGE OF PROBATE FOR THE
COUNTY Of middlesEX, TO APPOINT COMMISSIONERS ON
THE ESTATES OF JOHN VASSALL AND JONATHAN SEWALL,
FOR PURPOSES MENTIONED.

On the petitions of Thomas Walley and John Simonds, praying that the Judge of Probate for the county of Middlesex, may be empowered to grant his warrant to Commissioners, for the settling the estates of Jonathan Sewall and John Vassall, Esq'rs., for a further time, that thereby they may have an opportunity of exhibiting their claims for

allowance:

Resolved, That the prayer of the petition be so far granted, that the Judge of Probate of Wills, &c. for the county of Middlesex, be, and he is, hereby authorized and empowered, on application, to appoint Commissioners to examine the claims of Thomas Walley and John Simonds, on the aforesaid estates of John Vassall and Jonathan Sewall, Esq'rs., for the term of one month, from the time of their appointment for the purpose aforesaid, at the expence of said Walley and Simonds, that they may have an opportunity to exhibit their claims within the term mentioned; any law to the contrary notwithstanding. November 5, 1784.

Chapter 52.

RESOLVE ON THE PETITION OF THE HONOURABLE FRANCIS Chap. 52

DANA, DIRECTING THE JUDGES OF PROBATE FOR THE COUN

TIES OF SUFFOLK AND MIDDLESEX, TO APPOINT COMMIS-
SIONERS TO EXAMINE THE CLAIMS UPON THE SEVERAL
ESTATES MENTIONED.

Whereas the Honorable Francis Dana, Esq; was for a long time absent from this Commonmealth, upon important business of public concernment, by which means he was prevented exhibiting claims he had upon the estates of David Phipps and Sylvester Gardiner, absentees, until the Commissioners for examining claims on the said estates had closed the business of their appointments: Therefore,

Resolved, That the Judges of Probate for the counties of Suffolk and Middlesex, be, and they hereby are, respectively authorized and empowered to appoint Commis

sioners within their several jurisdictions, to receive and
examine any claims that the said Francis may have upon
the said estates, either in his own right, or as executor
of the last will and testament of Richard Dana, Esq;
deceased, and report thereon, in the same manner as
tho' the said claims had been seasonably exhibited to
the Commissioners heretofore appointed to examine the
claims on the said estates, and all such proceedings shall
be had thereon, and every benefit and advantage shall
enure to the said Francis, as though the same claims had
been allowed by the former Commissioners on the said
estates.
November 5, 1784.

Chapter 53.

Chap. 53 GRANT OF ONE HUNDRED AND FOURTEEN POUNDS, FOUR SHIL

LINGS AND SIX PENCE, TO THE HONOURABLE FRANCIS DANA,
ESQ; AS A MEMBER OF CONGRESS, TO THE 26TH AUGUST
LAST.

On an account of the Honourable Francis Dana, Esq; exhibited to the General Court:

Resolved, That there be paid out of the treasury of this Commonwealth, to the Honourable Francis Dana, Esq; the sum of One hundred and fourteen pounds, four shillings and six pence, in full discharge of his expenditures and attendance as a Delegate for this Commonwealth at Congress, from the tenth day of May, one. thousand seven hundred and eighty-four, to the twenty-sixth day of August following, both days inclusive, and making ninetyfour days. November 6, 1784.

Chapter 54.

Chap. 54 RESOLVE ON THE PETITION OF CHRISTOPHER GORE, IN BE

HALF OF CHAMPION, DICKINSON AND BURGESS, AUTHOR-
IZING THE JUDGE OF PROBATE, FOR SUFFOLK, TO RENEW
THE COMMISSION OF INSOLVENCY ON THE ESTATE OF
THOMAS LEVERETT.

Upon the petition of Christopher Gore, in behalf of Alexander Champion, Thomas Dickinson and William Burgess, shewing that by some mistake a just claim which they, the said Alexander Champion, Thomas Dickinson and William Burgess, had upon the estate of Thomas Leverett, late of Boston, deceased, insolvent, was not

considered by the Commissioners of Insolvency on the said estate, though seasonably preferred: Therefore,

Resolved, That the Judge of Probate, for the county of Suffolk, be, and hereby is authorized and empowered, to renew the commission of insolvency, originally issued, to adjust the claims on the estate of the said Leverett, or to appoint new commissioners, as he shall think proper, whose duty and business it shall be to examine the claims of the said Champion, Dickinson, and Burgess, and any others on the said Leverett's estate, and report the amount thereof; and upon comparison of the same, with the claims of the other creditors already allowed, to variate the report made upon the former commission, in such manner as that the same justice and rate of distribution shall enure to the said Champion, Dickinson, and Burgess, as to those creditors whose claims have already been allowed, and to report the same to the Judge of Probate, which report made shall be valid, the former notwithstanding; and in case payment of any claims already allowed hath been made, the several creditors which have received the same, shall be holden to refund the same, in proportion as their several claims shall be lessened by the proceedings on this resolve. November 6, 1784.

Chapter 55.

RESOLVE ON THE PETITION OF CHRISTOPHER GORE, FOR Chap. 55

CHAMPION, DICKINSON, AND BURGESS, DIRECTING THE
JUDGE OF PROBATE, FOR ESSEX, TO APPOINT COMMISSION-
ERS ON THE ESTATE OF EPES SARGENT.

Upon the petition of Christopher Gore, in behalf of Alexander Champion, Thomas Dickinson, and William Burgess, shewing that by a mistake of the administrator on the estate of Epes Sargent, late of Glocester, deceased, insolvent, a just claim of the said Alexander Champion, Thomas Dickinson, and William Burgess, amounting to Seventeen hundred and eighteen pounds nine shillings and nine pence sterling, was exhibited to the Commissioners of Insolvency on the said estate, as amounting to nine hundred pounds only, and distribution took place of the estate of the said Epes Sargent, agreeable thereto: Therefore,

Resolved, That the Judge of Probate of the county of Essex, be, and hereby is authorized and empowered to

appoint commissioners to examine the justice of the said claim, and upon comparison of the report of the former commissioners as already made, to report what further sum ought to have been allowed thereon; and if any, report the same to the said Judge of Probate, who is hereby directed to cause a record thereof, together with this resolve, to be entered in the Register's Office of the said Court; and upon the distribution of the dower of the widow of the said Epes, such further distributive sum, with interest, shall be paid to the said Champion, Dickinson, and Burgess, or their heirs, out of the said dower, in priority to any other claims, as they would have been entitled to, had their claim been wholly exhibited before the close of the commission of insolvency heretofore granted on the said estate, and as shall cause equal justice to enure to all the creditors of the said Epes. November 6, 1784.

Chapter 56.

Chap. 56 RESOLVE ON THE PETITION OF ELIHU GIFFORD, GRANTING

HIM A NEW TRIAL IN THE CASE OF JOHN BEAN.

On the petition of Elihu Gifford, praying for a new trial in an action brought against him by John Bean, on which suit a judgment was recovered against the petitioner on default at the Court of Common Pleas, holden at Sherburne, in the county of Nantucket, in March, 1784, for reasons set forth in the said petition:

Resolved, That the petitioner be, and he hereby is entitled to a new trial on the action aforesaid: And the Justices of the said Court of Common Pleas, at their sessions to be holden at Sherburne, within and for the county of Nantucket, on the last Tuesday of March next, be, and they hereby are authorized and fully empowered, to resume the aforesaid action, take off the default, and proceed to a trial in the same manner as they legally might on a new entry, the petitioner first serving the adverse party with an attested copy of this resolve, fourteen days at the least before the aforesaid last Tuesday of March next, and that execution on the former judgment be staid in the mean time; any law or resolve to the contrary notwithstanding. November 6, 1784.