of the same, for the following purposes, viz: One for the first settled Minister, his heirs and assigns forever ; — one for the use of the ministry; - one to and for the future appropriation of Government, and one for the use of a grammar school forever. That fifty acres be allowed and assigned to each settler, who settled therein before the twentieth day of January, 1783, his heirs or assigns, in consideration of his performing the duties of a settler, provided he has performed, or shall contract to perform, within six years, the duties of a settler as prescribed in this report; and the said fifty acres to be assigned the settler, his heirs or assigns, shall be laid out so as to include the whole of his improvements, or so much thereof as may be, without doing great damage to the Proprietors; and where the lot shall be laid out, so as not to include the whole improvements of the settler, he shall have liberty to purchase the remainder of such lands, estimating the same in a state of nature, or to receive of the Proprietors a reasonable. allowance for such extra improvements, at the settlers election. And in case of any disgreement about the said price or allowance, or any other matter relating to a settlement, that the same be decided by disinterested men, one of whom shall be chosen by the Proprietors, one by the settler, and in case they cannot agree, the third by the two chosen as aforesaid. That each settler shall have liberty, at any time within twelve months from this date, to purchase of the said Proprietors, fifty acres for quantity and quality of the unlotted lands in the township wherein he is settled, at a price not exceeding three shillings per acre. Provided nevertheless, That where any agreement has been, or shall be made, between a Proprietor or Proprietors, and a settler or settlers, as to terms of settlement, such agreement shall not be violated. SAMUEL PHILLIPS, jun. Committee. NATHANIEL WELLS. Boston, June 20, 1785. Read and accepted, and thereupon Resolved, That the grant of four Townships aforesaid, be confirmed in manner following, viz.: No. 1, to Paul Thorndike and others; No. 4, to Edward Small and others; No. 5, to Josiah Saw yer and others; and No. 6, to Nathaniel Parker and Chapter 42. RESOLVE ON THE PETITION OF JOSIAH COOPER, AND OTHERS, Chap. 42 OF DUKES COUNTY, INDIANS, EMPOWERING THEIR GUAR- On the petition of Josiah Cooper, an Indian man, and others, of the town of Chilmark, in Dukes County, praying for liberty to make sale of a tract of land lying in the town of Chilmark, containing about twenty acres: Resolved, That the prayer of the petitioners be so far granted, that the Guardians of the Indians in Dukes County, be empowered to sell, at public auction or private sale, a tract of land, lying unimproved, adjoining to the land of Matthew Tilton, in said Chilmark, containing about twenty acres, and to give a good deed or deeds of the same, the net proceeds to be by them appropriated for the purpose of fencing and cultivating the other land of said petitioners; and the said Guardians to be accountable to this Court, for the expenditure of the proceeds of said land. June 22, 1785. Chapter 43. RESOLVE ON THE PETITION OF JOHN BERNARD, GRANTING Whereas John Bernard, of Bath, in the county of Lincoln, hath produced to this Court, ample testimony of the uniformity, consistency, and propriety of his political conduct, previous to, during, and since the late war: — And whereas the estate of his father, Sir Francis Bernard, deceased, has been confiscated to the use of this Government; part of which estate, so confiscated, to wit, the island of Mount Desert, was by the last will and testament of said deceased, made previous to said confiscation, devised to the said John, and the only property which said John by the will aforesaid, could hold, had not said estate been confiscated; and this Court viewing the conduct of said John as meritorious, and commiserating his peculiar situation, —— and he having petitioned for a grant of the island afore Chap. 43 said, which this Court consider to be in degree reasonable: Therefore Resolved, That one moiety, or half part of the island of Mount Desert, in quantity and quality, be and hereby is granted, and from the passing of this resolve, shall enure to the said John Bernard, his heirs. and assigns forever, to hold in fee simple; provided always that the said John shall convey to each person, now in possession of lands, which may by a division of the aforesaid island be assigned to said John, such quantity thereof, and upon such terms as the committee appointed by a resolve of the General Court, passed October 28, 1783, shall direct, within eighteen months from the passing of this resolve. June 23, 1785. Chapter 44. Chap. 44 RESOLVE DIRECTING THE NAVAL OFFICER OF BOSTON, ONCE IN THREE MONTHS TO PAY THE TREASURER SEVEN Whereas it appears to this Court, that the fees of the Naval Office, as the same are established by law, are more than adequate to the support of the Naval Office of the Port of Boston: Therefore, Resolved, That the Naval Officer of the Port of Boston, once in three months, pay to the Treasurer of this Commonwealth, seven-twelfths of all the fees which he may hereafter receive in his office;- any law or resolve to the contrary notwithstanding. The said Naval Officer taking duplicate receipts therefor, one of which to be lodged in the Secretary's office: Resolved, That hereafter the several Naval Officers in this Commonwealth be, and they are hereby severally directed, to keep just and accurate accounts of all the fees which they may receive in their respective offices; and once in three months render an account thereof, on oath, to the Treasurer aforesaid. Resolved, That the Treasurer of this Commonwealth be, and he hereby is, directed to keep a separate account of the monies he shall receive from the Naval Officer of Boston, by virtue of the resolve herein first mentioned, and that they be appropriated to the payment of the cost and charges of the several light houses in this Commonwealth, in the same way and manner that monies arising from the duties of light money are appropriated. Chapter 45. June 23, 1785. RESOLVE ON THE PETITION OF JOHN BUTTRICK AND DAVID Chap. 45 BROWN, TO SERVE THE ADVERSE PARTY WITH A COPY, &c. TO SHEW CAUSE. On the petition of John Buttrick and David Brown, setting forth that they, with Joseph Lee, and others, were obligated to Hugh Hall, Esq; late of Boston, deceased, in a bond of one hundred pounds, and that the aforesaid John and David, had given counter bonds, and were holden to pay the whole debt and damage, and that the bond aforesaid was carried off by Foster Hutchinson, executor to the last will of the said Hugh; also that an administrator was appointed on said estate, who called on your petitioners to discharge their debt, in the year seventeen hundred and seventy-seven, which they were ready at that time to have done; but the administrator would not receive the money when it was sent to him; and likewise, that action had been commenced against Mr. Lee only, and judgment obtained for a larger sum than was due on said bond, and praying for relief: Resolved, That the petitioners aforesaid, serve the adverse party, with an attested copy of their petition, with this order of Court thereon, three weeks at least before the second Wednesday of the next sitting of the General Court, that they may appear on that day, and shew cause, (if any they have) why the prayer of their petition should not be granted, and that execution be stayed in the mean time. June 23, 1785. Chapter 46. RESOLVE ON THE PETITION OF DANIEL WHITNEY, ABATING A Chap. 46 FINE LAID ON THE TOWN OF Sherburne, FOR NOT SEND- On the petition of Daniel Whitney, in behalf of the town of Sherburne, praying for an abatement of the fine set on said town for not sending a Representative to the General Court, in the year one thousand seven hundred and eighty-one: Resolved, That there be paid out of the treasury of this Commonwealth, to the said town of Sherburne, Eight pounds, one shilling, being the one half of the said fine. June 23, 1785. Chapter 47. Chap. 47 RESOLVE GRANTING SIX POUNDS THIRTEEN SHILLINGS AND FOUR PENCE, TO JOSEPH MONTAGUe and gideON MOODY, On the petition of Joseph Montague and Gideon Moody, praying that they may be paid for three months service in the army, in the year 1781: Resolved, That there be paid by the Treasurer of this Commonwealth, to Joseph Montague and Gideon Moody, the sum of Six pounds, thirteen shillings and four pence each, in full for said service. June 23, 1785. Chap. 48 RESOLVE Chapter 48. GRANTING FIFTEEN POUNDS NINE SHILLINGS ELEVEN PENCE HALF PENNY, TO DANIEL PETTINGILL. On the petition of Daniel Pettingill: Resolved, That there be allowed and paid out of the treasury of this Commonwealth, unto Daniel Pettingill, Fifteen pounds nine shillings and eleven pence half penny, in full for his services, as set forth in his petition. June 23, 1785. Chapter 49. Chap. 49 RESOLVE ON THE PETITION OF THOMAS AYER AND OTHERS, GUARDIANS TO CHILDREN OF ASA WITHAM, EMPOWERING THEM TO ENTER AN APPEAL AT THE SUPREME COURT OF On the petition of Thomas Ayer, Joseph Peirce, and Resolved, That the prayer of the petition be granted, and that Thomas Ayer, Joseph Peirce and Jeremiah Witham, guardians of the orphan children of Asa With |