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Chapter 76.

RESOLVE ON THE PETITION OF JONATHAN TENNY, OF SALEM, Chap. 76

ALLOWING JOSHUA SAWYER AND RUTH, HIS WIFE, AND
NATHANIEL WALKER AND HIS WIFE, TO ENTER THEIR
APPEAL AT THE SUPREME JUDICIAL COURT, TO BE HOLDEN
AT IPSWICH IN JUNE NEXT.

Upon the petition of Jonathan Tenny, of Salem, in the county of Rockingham, and State of New Hampshire, tanner, and Mehetable, his wife:

Resolved, That Joshua Sawyer, husbandman, and Ruth, his wife, and Nathaniel Walker, husbandman, and Hannah, his wife, all of Haverhill, in the county of Essex, may, if they see cause, enter at the Supreme Judicial Court, next to be holden at Ipswich, within and for the said county of Essex, on the third Tuesday of June next, their appeal from a judgment rendered at a Court of Common Pleas holden at Ipswich, within and for the said county of Essex, on the first Tuesday of April last past, in an action of ejectment commenced against them by the said Jonathan Tenny and his wife; and if the said appeal be not then entered, the said Jonathan and Mehetable may at the same term enter their complaint and pray affirmation of that judgment, with additional costs, provided the said Jonathan cause the said Joshua and Nathaniel to be served with a true copy of this resolve, fourteen days at the least before the third Tuesday of June next. And in case either the said appeal or complaint be entered as aforesaid, the same proceedings shall be had thereon to final judgment and execution, as if the same had been regularly entered at the term to which the said appeal was made. February 23, 1785.

Chapter 77.

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN Chap. 77

OF BELFAST, AUTHORIZING JONATHAN BUCK, ESQ; TO ISSUE
HIS WARRANT FOR THE PURPOSES MENTIONED.

Whereas it appears to this Court, that from the events of the late war, the inhabitants of the town of Belfast, in the county of Lincoln, were obliged to abandon their dwellings, and for a number of years seek refuge in the western parts of this Commonwealth, and by that means have been deprived of the legal method of calling town meetings for

transacting the public business of the same town: Therefore

Resolved, That Jonathan Buck, Esq; be, and he is, hereby authorized and empowered to issue his warrant to some principal inhabitant of the said town of Belfast, requiring him to call a meeting of the said inhabitants, in order to their choosing such officers as by law towns in the said Commonwealth are empowered to choose in the month of March annually; which officers so chosen shall respectively hold and exercise their offices until the March meeting, One thousand seven hundred and eighty-six, or until others may be chosen in their stead, as by law directed. February 24, 1785.

Chapter 78.

Chap. 78 RESOLVE ON THE PETITION OF JOSEPH LEWIS, OF BARNSTA

BLE, EMPOWERING THE REGISTER OF DEEDS, WITH THE
CONSENT OF THE GUARDIANS TO ALL THE HEIRS OF JOSEPH
LUMBERT, DECEASED, TO DELIVER TO THE SAID JOSEPH
LEWIS THE DEED MENTIONED.

Whereas it appears to this Court by the petition of Joseph Lewis, of Barnstable, and papers accompanying the same, that on the 26th day of May, A.D. 1783, the said petitioner, for the consideration of one hundred and fifty pounds, promised him by Joseph Lumbert, of the said Barnstable, did make and execute one deed of conveyance to the said Joseph Lumbert, of all his real estate, and hath received only Three pounds, seventeen shillings and eight pence, in part of the consideration, and never did receive any security for the remainder, by reason of the sudden death of the said Lumbert, which hath reduced the said petitioner to circumstances very distressing, the said deed being lodged in the Register's office, in the county of Barnstable, but not recorded:

Resolved, That the Register of Deeds for the county of Barnstable, be, and hereby is, empowered, by and with the consent of the guardians to all the heirs at law of Joseph Lumbert, late of Barnstable, deceased, to deliver to Joseph Lewis the deed above mentioned, he, the said Joseph Lewis, first paying to the said guardians for the use of the said heirs, the above sum of Three pounds, seventeen shillings and eight pence, any law to the contrary notwithstanding. February 25, 1785.

Chapter 79.

RESOLVE ON THE PETITION OF SETH BULLARD, IN BEHALF Chap. 79

OF THE TOWN OF WALPOLE, ABATING A FINE LAID UPON
SAID TOWN.

On the petition of Seth Bullard, in behalf of the town of Walpole, praying abatement of a fine laid on the said town for not sending a representative to the General Court in the year 1782:

Resolved, That the prayer of the said petition be granted, and that the Treasurer be, and he is, hereby directed to credit the said town of Walpole, the sum of Twenty-eight pounds, in the tax granted by the General Court in March, 1783. February 25, 1785.

Chapter 80.

RESOLVE ON THE PETITION OF PHILLIPS WHITE, EMPOWER- Chap. 80

ING HIM TO CLAIM AN APPEAL FROM A DECREE GRANTING
ADMINISTRATION TO WILLIAM WHITE, MADE BY THE JUDGE
OF PROBATE FOR SUFFOLK COUNTY, IN 1782, AND AUTHOR-
IZING THE SAID JUDGE TO RECEIVE SAID CLAIM, &c.

On the petition of Phillips White, Esq:

Resolved, That for the reasons set forth in the said petition, the said Phillips White, be, and he is, hereby empowered to claim an appeal from a decree, dated the 17th day of December, A.D. 1782, made by the Judge of Probate for the county of Suffolk, granting to William White, of Boston, in the same county, merchant, administration on the estate of William White, late of the said Boston, Esq; deceased, with the will of the said William annexed, to file the reasons of such appeal, and give bonds to the acceptance of the said Judge for prosecuting the same to effect; provided the same appeal be claimed, the reasons filed, and bond given within one month from the passing of this resolve: And the said Judge of Probate is hereby authorized and empowered to receive such claim of appeal, the reasons thereof, and take bonds accordingly, as though the time limited by law for claiming the said appeal, filing the reasons thereof, and giving bonds to prosecute the same, had not elapsed. And the said Phillips White is hereby further empowered to enter the said appeal in the Supreme Court of Probate for this Commonwealth, and file the copies of his case, provided

the same be done within two months from the time of passing this resolve: And after giving such notice to the said William White, as the said Supreme Court shall order, to proceed to trial on the merits of his cause, as though the appeal from the decree aforesaid, had been claimed from the Judge aforesaid, and the same entered in the said Supreme Court of Probate, and the copies of his case regularly filed in due season of law, and the said Supreme Court of Probate is hereby authorized and empowered to receive such appeal, and after ordering such notice to be given to the said William White, as they shall judge fit, to hear and determine the same, on the merits thereof, in as full and ample a manner as though the same had been claimed from the Judge, the reasons filed, and bonds given, and the same appeal had been regularly entered, and the copies filed in the said Supreme Court of Probate within the time limited by law. February 25, 1785.

Chapter 81.

Chap. 81 A RESOLVE GRANTING THREE THOUSAND POUNDS TO THE

COMMITTEE FOR PASSING ACCOUNTS.

Resolved, That there be paid out of the public treasury of this Commonwealth to the Committee on accounts, Three thousand pounds, to enable them to pay such accounts as have been or may be by them examined and allowed, the said Committee to be accountable for the expenditure of the same. February 25, 1785.

Chap. 82 RESOLVE

Chapter 82.

ON THE PETITION OF EBENEZER

WILLIS AND OTHERS, SELECTMEN OF THE TOWN OF DARTMOUTH, EMPOWERING SAID TOWN TO CHOOSE COLLECTORS.

On the petition of Ebenezer Willis, Stephen Peckham and Jabez Parker, Selectmen of the town of Dartmouth, setting forth, that by a mistake of the Selectmen of the said town, a suitable number of Collectors were not chosen at the last March meeting to collect the taxes for the current year:

Resolved, That the town of Dartmouth be authorized and empowered at their annual meeting in March next, to choose, beside the Collectors for the year ensuing, such Collectors as ought to have been chosen at their annual meeting in March last, to whom shall be committed such.

year

taxes as should have been committed to them for the
last past; and such Collectors so chosen are hereby
required and empowered to collect the same, and make
due payment thereof according to law.

Chapter 83.

February 28, 1785.

RESOLVE ON THE PETITION OF ELIJAH ADAMS, EMPOWERING
ANY THREE JUSTICES IN ANY COUNTY WITHIN THIS COM-
MONWEALTH TO SWEAR THE PERSON MENTIONED

On the petition of Elijah Adams, praying that some Justice of the Peace might be empowered to take the acknowledgment of certain deeds in said petition mentioned, for reasons there fully set forth:

Resolved, That any three Justices of the Peace for and within any county in this Commonwealth, (quorum unus) be, and hereby are, empowered to swear Sophia March as a witness to the deeds therein referred to, and that the same shall operate to the acknowledgment of said deeds, as fully as if the said Sophia had been sworn in any Court of record in this Commonwealth, any law, usage or custom to the contrary notwithstanding.

Chapter 84.

February 28, 1785.

Chap. 83

RESOLVE ON THE PETITION OF WINSLOW BRIGHAM, IN BEHALF Chap. 84

OF THE TOWN OF MARLBOROUGH, EMPOWERING SAID TOWN

TO CHOOSE A COLLECTOR.

On the petition of Winslow Brigham, in behalf of the town of Marlborough, representing that Silas Barns was appointed a Collector for the said town for the years 1781 and 1782, that the said Barns had conducted in such a manner as to induce the Assessors of the said town to demand and receive from him the several assessments committed unto him to collect; and praying that they may be empowered to choose some suitable persons to collect such part of the said assessments as still remain uncollected:

Resolved, That the prayer of the said petition be granted, and that the said town of Marlborough be, and they are, hereby empowered at any legal town meeting, to choose and appoint some suitable person as a Collector for the said town, to finish the said collections; and the

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