Chapter 171.

Chap.171 RESOLVE ON THE PETITION OF JOHN GODDARD, IN BEHALF

OF THE TOWN OF BROOKLINE, EMPOWERING THE ASSES-
SORS TO MAKE OUT A WARRANT TO EBENEZER DAVIS, TO
COLLECT THE RATES DUE IN 1781.

On the petition of John Goddard, in behalf of the town of Brookline, praying that the present Assessors of the town of Brookline may be empowered to make out warrants to Ebenezer Davis, Collector of taxes for the town of Brookline, for the year 1781:

For reasons set forth in the said petition,

Resolved, That the prayer of the said petition be granted, and the present Assessors of the town of Brookline, or the Assessors that shall be chosen at the next annual meeting legally holden at the said Brookline, as the case may require, the said Assessors be, and hereby are, empowered and directed to make out a warrant to the said Ebenezer Davis, requiring him to collect the rates that are due on the bill committed to him to collect in the year 1781, in hard money, according to the value thereof, established by the scale of depreciation, and pay the money into the treasury of the town of Brookline, within six months from the date of the warrant granted to the said Collector; any act or resolve to the contrary notwithstanding. March 18, 1785.

Chapter 172.

Chap.172 RESOLVE ON THE PETITION OF WILLIAM HARTSHORN, DI

RECTING THE TREASURER TO DELIVER TO THE SAID HARTS-
HORN NOTES FOR THE PAYMENT OF ISAAC WALTON'S
WAGES.

On the petition of William Hartshorn, setting forth, that his wife was sister and only heir to Isaac Walton, who engaged in the Continental Army in the year 1777; and on the eighth day of November, 1778, the said Isaac died, as appears by Colonel Crane's return; and that on the third day of August, 1783, an order was forged, purporting to be under the hand of the said Isaac, and presented to the Treasurer (by one Stephen Thayer) for payment of the aforesaid Isaac's wages, and was accepted and paid accordingly, by which means the said William hath been defrauded: Therefore,

Resolved, That the Treasurer of this Commonwealth be, and he is hereby directed to make out and deliver to the aforesaid William Hartshorn, notes, in the same manner, and for the same sum, as if no notes ever had been issued for the payment of the aforesaid Isaac Walton's wages; provided the said William shall produce sufficient vouchers that his wife is the only legal heir to the said Isaac. March 18, 1785.

Chapter 173.

RESOLVE ON THE PETITION OF PHINEAS PARKER AND LYDIA, Chap.173

HIS WIFE, EMPOWERING THE JUDGE OF PROBATE FOR THE
COUNTY OF MIDDLESEX TO APPOINT A COMMITTEE TO MAKE
PARTITION OF THE LANDS AND BUILDINGS MENTIONED.

On the petition of Phineas Parker, jun., and Lydia, his wife, administratrix on the estate of Ebenezer Daman, late of Reading, in the county of Middlesex, deceased, and Thomas Daman, of the said Reading, setting forth, that the said Ebenezer and Thomas, in the life time of the said Ebenezer, purchased certain lands and buildings in equal halves; and that it so happened that the said Ebenezer took a deed of the whole in his own name, and that it still remains unsettled; therefore pray, that the Judge of Probate for the said county of Middlesex may be empow ered to make partition of the said lands and buildings between the heirs of the said Ebenezer Daman and the said Thomas Daman in equal halves: Therefore,

Resolved, That the prayer of the said petition be so far granted, that the Judge of Probate for the county of Middlesex, be, and he hereby is, empowered to appoint a committee to make partition of the abovesaid lands and buildings, in equal halves, between the heirs of the said Ebenezer Daman, deceased, and the said Thomas Daman; and to make a record of this resolve, with his doings thereon; which doings shall be a good title to the said Thomas. March 18, 1785.

Chapter 174.

RESOLVE ON THE PETITION OF SAMUEL LEE, ALLOWING HIM Chap.174

SEVEN POUNDS, TWO SHILLINGS AND ELEVEN PENCE,

WHICH APPEARS TO BE DUE ON THE ROLL OF CAPTAIN
EPHRAIM STEARNS.

On the petition of Samuel Lee, representing, that he served three months in the Continental Army in the year

1780, in the service of this State, and praying allowance for the same; and it appearing to this Court that the same has been paid to John Lee by mistake: Therefore,

Resolved, That there be allowed and paid out of the public treasury of this Commonwealth, to the said Samuel Lee, or order, the sum of Seven pounds, two shillings and eleven pence, which appears to be still due on the roll of Captain Ephraim Stearns, which will be in full for the said service. March 18, 1785.

Chapter 175.

Chap.175 RESOLVE ON THE PETITION OF ASA DRURY, AUTHORIZING

JOSIAH STONE, ESQ; AND OTHERS, GUARDIANS

OF THE

INDIANS MENTIONED, TO CONSIDER THE VALUE OF THE
MONEY PAID, AND VALUE OF LAND SOLD TO BODEN AND
DRURY; AND DIRECTING THE APPROPRIATION.

The Guardians of the Natick Indians, to whom was committed the petition of William Boden and Asa Drury, report, that they find the facts to be as follows, viz.:

In March, 1780, William Boden bought twenty-five acres of Indian land for One thousand two hundred and thirty pounds, paper money, which, by the scale, is Thirty-two pounds, thirteen shillings, specie. The said Guardians judge the said land to be worth about forty shillings an acre. Part of the money was applied to purchase other lands; the rest, we suppose, is spent.

Asa Drury has bought two pieces of land of the said Indians, viz.: nineteen acres at Two thousand one hundred and ninety-seven pounds, ten shillings, December, 1780, in specie Twenty-nine pounds, six shillings, worth about forty shillings per acre. Also, eight acres more, at Ten pounds, six shillings, specie, valued by the said Guardians at twelve pounds. How the money has been applied is uncertain. All which is submitted.

Read and accepted, and

JOSIAH STONE, per order.

Resolved, That Josiah Stone, Esq; Captain Eleazer Kingsbury and Captain Joseph Twitchel, who are the guardians of the said Indians, be, and hereby are, fully authorized and empowered to consider the value of the money paid to, and the value of the land sold by, the

said Indians, to the said Boden and Drury, together with
other circumstances attending the said sales and upon
the said Boden and Drury's complying with terms con-
sistent with justice, the Guardians aforenamed, are
hereby directed to confirm the said deeds to the said
Boden and Drury, by signing their consent to the same;
which being done, the said deed shall be as valid in law
as the same would have been if there had been no impedi-
ment in law to the same deeds. And they, the said
Guardians, are directed to appropriate the monies they
may receive in consequence of the foregoing resolve, to
and for the use of the Indian or Indians to whom the
same of right by law belongs; and to account with the
General Court agreeable to law.
March 18, 1785.

Chapter 176.

RESOLVE ON THE PETITION OF LEMUEL BURRELL, OF CAM- Chap.176

BRIDGE, TO SERVE DAVID SANDERSON WITH A COPY OF

HIS PETITION AND ORDER THEREON, TO SHEW CAUSE, AND
STAYING EXECUTION IN THE MEAN TIME.

On the petition of Lemuel Burrell, setting forth, that David Sanderson, of Petersham, had obtained a judgment of Court for Three hundred and one pounds, eleven shillings, against the said Lemuel, by accident; and praying that he may re-enter his action against said Sanderson, as mentioned in the said petition:

Resolved, That the said Lemuel Burrell serve the said David Sanderson with an attested copy of his petition, with this order of Court thereon, fourteen days before the next sitting of the General Court, that he shew cause on the second Wednesday of the said next sitting of the General Court, (if any he hath) why the prayer of the said petition should not be granted; and that the execution in favour of the said Sanderson against the said Burrell, be stayed in the mean time. March 18, 1785.

Chapter 177.

RESOLVE ON THE PETITION OF GEORGE MAKEPEACE, DIRECT- Chap.177

ING THE DELIVERY OF A QUANTITY OF COCOA SEIZED BY
THE COLLECTOR OF EXCISE IN SUFFOLK COUNTY.

On the petition of George Makepeace, representing that a considerable quantity of cocoa belonging to him has been

seized by the Collector of Excise for the county of Suffolk, occasioned wholly by the ignorance of the person who purchased the same for him, and the waggoner who was to convey it from the State of Rhode Island not knowing the law respecting dutied articles; and praying the consideration of this Court:

Resolved, That the prayer of the said petition be so far granted, as that the said cocoa be delivered to him by the Collector of Excise, he first satisfying the said Collector for his part of the forfeiture, and paying the duties thereon, and all the costs and charges which have arisen on the prosecution of the same, together with the fees which by law accrue to the Collector for seizing the same.

Chapter 178.

March 18, 1785.

Chap.178 RESOLVE ON THE PETITION OF GEORGE GROUCE, GRANTING

HIM

FORTY POUNDS, SIXTEEN SHILLINGS AND FOUR PENCE, IN CONSOLIDATED NOTES.

On the petition of George Grouce, of Brunswick : Resolved, That there be paid out of the treasury of this Commonwealth to the petitioner, the sum of Forty pounds, sixteen shillings and four pence, in consolidated notes, to be dated February 1, 1785, with interest added to said notes, from January 1, 1781, in full consideration of notes belonging to him which were drawn out of the treasury by another person of the same name, belonging to Beverly. March 18, 1785.

Chapter 179.

Chap.179 RESOLVE GRANTING THREE hundred pounNDS TO THE COM

MITTEE APPOINTED ON THE SUBJECT OF THE UNAPPRO-
PRIATED LANDS IN THE COUNTY OF LINCOLN.

Resolved, That there be paid out of the treasury of this Commonwealth to Samuel Phillips, jun., Nathaniel Wells and Nathan Dane, Esq'rs. a Committee appointed on the 28th October, 1783, on the subject of unappropriated lands in the county of Lincoln, Three hundred pounds, to enable them further to prosecute the business assigned them; the said Committee being accountable for the said March 18, 1785.

sum.