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order the same to be struck out of the said Tax bill: which with the said Resolve, and the intended Act of Incorporation (the whole so happily contrived to Answer M' Snow's purpose) were all intended to be compleated without your Memorialists knowing any thing of the matter. With regard to the Petition of said Jaques and others for Incorporating the aforesaid Tract, we beg leave to observe, that the Kennebeck Company, of which your Memorialists are a part, have with very great expence been Setling their Lands, and from a Wilderness, have Setled the Towns of Pownalborough, Bowdoinham, Pittston, Hallowell, Vasselborough, Winslow, Winthrop, and other places, in all of which a considerable part, and in some of them two thirds of the land have been given away to settlers; That the said Towns are incorporated, and pay Taxes to the Government, of which Taxes your Memorialists and others of said Company pay a considerable part.
That the said Company built Fort Western, and a Fort at Pownalborough, and furnished both of them with Cannon and Small Arms for the Use of the Government, And Also built a large Commodious House at Pownallborough to Accommodate the County as a Court House, with the needfull conveniences, and appropriated one of the Block Houses of the last mentioned fort for a Goal, and by these and other exertions, which cost them a great deal of Money, they have brought that part of the Country from a Wilderness State, to a State of Habitation and Improvement.
That they were prosecuting other Settlements & improve ments when the War with Britain commenced; That the said War, which by means of the Enemies Cruisers and Armed boats, and by small parties of them harrassing and threatening the Inhabitants has operated greatly to the detriment of the said County, put a Stop to those Settlements & Improve ments: and at the same time necessarily called our Attention to other objects nearer home and more interesting and essential to the general safety.
That in the confused State of things occasioned by the War, and when Law could have no effect, many people improved so favorable an opportunity, and set themselves down on Kennebeck lands, taking the best they could find, without liberty from the Proprietors, and in defiance of Law.
That although the said Jaques and some of the Petitioners have settled with consent of the Proprietors, there is notwithstanding, of the Land petitioned to be Incorporated, a Tract ten miles long, and more than Six Miles broad, which is either wholly a Wilderness, or if there are any persons setled on it, there is not one of them but is a Trespasser, and has setled in defiance of all Law.
That your Memorialists humbly conceive your Honors will do nothing to encourage such lawless Proceedings, and that the regular plan of Settlement, which they have been carrying on & mean to continue to execute, will not be interrupted and broke in upon by granting the prayer of the said Petition for Incorporation — Your Memorialists, therefore humbly pray Your Honors that the said petition may be dismissed; and also that your Honors will please to reconsider and repeal the Resolve aforesaid for Transferring a part of the Tax of Harpswell to the Land described in the said petition, and also discontinue the clause in the Tax bill for that purpose: all which is humbly submitted.
Resolve on Foregoing.
In Senate October 30th 1782
Read & thereupon Ordered that Samuel Baker Esq" with such as the Hon' House shall join be a Committee to take this Memorial into consideration and make report thereon Sent down for Concurrence
S Adams Presid' In the House of Representatives Novi 1st 1782
Read & concurred, & M' Frye of Fryeburg & Cap' Washburn are joined
Nath Gorham Speaker In Senate Novo 18t 1782
Ordered that Eleazer Brooks Esq" be of this Committee in the Room of Sam' Baker Esq" who has leave of absence
Petition James Howard Esq.
Commonwealth of Massachusetts
in the House of Representatives Nov 184 1782 on the petition of James Howard Esq' in behalf of himself Susanna his wife and Hartson Coney setting forth that one Nathaniel Hersey of Hallowell in the County of Lincoln, blacksmith, brought an action of trespass against them A for taking one hundred & fifty quarts of his milk B triable before Joseph North Esq" a Justice of the peace in that County on the twenty fourth day of September A. D. 1781. and that they, not of their neglect, but being necessarily prevented from appearing timely to answer to said action, were de faulted, lost their appeal, and Judgment was given by said Justice for very large damages; and praying for an appeal from the Judgment of said Justice to the Court of Common Pleas to be holden at Pownalborough within and for said County on the first Tuesday of June next
Resolve on Foregoing.
Resolved that the prayer of said Petition be granted; and that the said James, Susanna, and Hartson have leave to appeal from the Judgment of said Justice to said Court of Common Pleas, and said Justice is hereby directed to grant them the same and a copy of all such proceedings as may have been had before him in said action accordingly provided said Howard notify said Hersey of said appeal at least twenty days before the sitting of said Court Sent up for concurrence
Nath Gorham Speaker In Senate Nov 2d 1782
Read & Concurred with Amendment at A at A dele, from A to B Sent down for Concurrence
S Adams Presid' In the House of Representatives Nov 24 1782 Read and concurred
Nath Gorham Speaker Approv'd John Hancock
Petition James Howard Esq.
Commonwealth of Massachusetts To the Hon. Senate &
House of Representatives of said Commonwealth in Gen
eral Court assembled, — The Petition of James Howard Esquire in behalf of himself, Susanna his Wife & Hartson Coney, Son of the ga Susanna by a former Husband. Humbly Sheweth,
That one Nathaniel Hersey of Hallowell, in the County of Lincoln, Blacksmith, maliciously contriving to ruin the Character of the ga Hartson Coney, who was but an Infant of about eight years of age, preferred a Prosecution against him for stealing 150 quarts of his Milk, but failing in that prosecution his restless & malevolent disposition prompt him to commence an Action of Trespass against the said James, Susanna & Hartson for the same supposed fact of taking said Milk, which same action was triable before Joseph North Esqa a
Justice of the peace within and for the Same County on the 24th day of September 1781 at two OClock in the afternoon — that your Petitioner early on June 24th day of September, left his own house which was about 51 Miles from the said Justice's, with an intention to answer to the same Suit; but as he was obliged to go by Water & the Wind blowing violently against him he did not arrive at the said Justice's untill some little time after the hour appointed for gd Tryal, & when he did arrive he was informed by said Justice that he was de faulted; surprized at a procedure so contrary to Justice & the practice of Courts, your Petitioner then demanded an appeal, but was told it was too late, for the Court was adjourned, by means of which your petitioner has been wrongfully put to great expence & trouble as he was fully prepared to disprove the facts alledged by the plaintiff, could he have had an Opportunity & the Reputation of the said Hartson has been greatly injured as the generality of People do not know the distinction between an Action for Trespass and a prosecution for Theft & therefore still suppose that he has been convicted of that Crime — your Petitioner therefore prays that your Honours would take the matter into your wise consideration & grant, in tenderness to the Character of a helpless & inoffensive Infant, that the said James Howard, Susanna his Wife & Hartson Coney may have leave to appeal from the Judgment of the said Justice to the next Inferiour Court of Common pleas to be holden at Pownalboro within & for the same County on the first Tuesday of June next & your Petitioner will pray &c
Deposition of Abiel Lovejoy.
I Abiel Lovejoy of Lawful age testify & declare that on the twenty-fourth day of September 1781 I was at the house