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same under William Phillips and Bridget Phillips which sa lands by an act of this Commonwealth have been confirmed to the said Persons claiming under the sd W" & Bridget Phillips, saving to the sa Commonwealth their right and claim in & to said lands accruing by virtue of the forfeiture of the estates of the said Conspirators and Absentees, and Whereas the said Proprietors under W" & Bridget Phillips aforesaid are desirous that partition should be made of said lands (and to hold their respective proportions and parts of said land in severalty and seperate from that part of so land that has or may be vested in this Commonwealth by virtue of the Claims of the su Conspirators and Absentees — Resolved that the Honble Benja Chadbourne B Honble David Sewall Esq" and Nathaniel Wells Esq' be and hereby are on the part of this commonwealth appointed a Committee to join with such Committee as are or may be appointed by the residue C of sd Proprietors on their part and duly authorized in making partition of the Lands confirmed by said Act and lying within the following limits viz begining at the North Corner of Sanford, which Corner may be ascertained by a line running South West & North East through a certain Small pond, called Beaver hill pond and from the said North Corner of Sanford thus ascertained to run North West about eight miles to little Ossipee River, then by said River including half of the same as the s' River runs to Saco River then by sa Saco River to the head line of Biddeford, then by the head line of the Townships of Biddeford and Arundel to the East Corner of so Sanford as it was originally laid out by the name of Phillipstown to the North Corner thereof being the boundary first mentioned and the said Commitee appointed on the part of the Common wealth are hereby impowered in conjunction with the said Commitee on the part of the P Residue of said Proprietors to set E off by Metes & Bounds their respective rights and shares in the premises to hold in severalty
And whereas in order to render the said partition compleat and effectual in Law it may be necessary to make and execute a deed or deeds of Partition, division, release or Quit claim
Therefore resolved that the said Committee on the part of the Commonwealth or any two of them be and hereby are fully impowered in the name and behalf of the said Commonwealth to join with the s' Committee on the part of the residue F of sa proprietors in making and duly executing according to Law a deed or deeds of Partition and division of the premises or in case the said Committee G should judge it most convenient to make partition of the premises by making and executing a deed or deeds of Release and Quit Claims then the said Committee on the part of this Commonwealth are hereby in the Name and behalf of this Commonwealth fully Authorized and impowered to make and duly execute according to Law a deed or deeds of release and Quit Claims to such part or parts of the premises as they shall agree to be set off to the said Residue H of said proprietors to hold in severalty and to receive singular 1 deeds from the said Committee of the said Proprietors, and it is further Resolved that all deeds of Partition division release or Quit claim which shall be inade and duly executed by virtue of this resolve and awarding to the true Intent and meaning thereof shall be considered as valid and effectual in law to all Intents and purposes as any deeds of Partition division release or quit claim made and duly executed according to Law by or between any parties whomsoever — And it is further resolved that the said Committee on the part of this Commonwealth be and hereby are directed to cause all deeds in favor thereof — relating to the premises to be recorded by the register of the County of York, with the records of said County and then filed in the Secretary's Office and the said Committee after having compleated the business of their Commission are hereby directed to lay their Accounts of Time and expence before the General Court for examination, allowance & payment. Sent up for concurrence
Nath Gorham Speaker In Senate Nov 12, 1782.
Read & Concurred with Amendments as on the annexed
Sent down for Concurrence
S Adams Presid
Nath Gorham Speaker
At C Dele Residue of At D Dele Residue of At E Insert to said Parties At F Dele Residue of At G Dele Committee & Insert Committees At H Dele Residue of said. At I Dele Singular & Insert Similar
Representation in Behalf Inhabte Machias Plantation.
To his excellency the Governor & the Honble the Council of
the Commonwealth of Massachusetts The Representation of the Subscribers being a Committee appointed by & on behalf of the Inhabitants of the Plantation of Machias — Humbly Sheweth
That notwithstanding the large & repeated supplies sent here The Garrison of this place now is & has been for some months past, in a most deplorable situation upon almost every account. Colo Allan has removed himself and Family, to Passamaquoddy, at which place it is said he will continue, one Commissioned officer five non commissioned officers and privates, only, belonging to the Garrison: five Small arms, only, fit for use & about 20 unfit; about thirty pounds of Powder, only exclusive of a few Cannon & musquet cartridges; Not one flint: provisions none of any kind, we want words to express our surprise at the deficiencies of Ammunition & warlike stores of every kind: what has become of them we know not; and to add to our calamities, the Powder & Balls which was sent here for the sole use of the Militia in cases of emergency gone, Colo Allan took them for the use of the Garrison; being Lodged in the Magazine as a place of Safety: when he had it in his power to replace them, he refused; now he has not got them he cannot return them, if this place were to be attacked before we could be supplyd we know not what would be the consequence. the Inhabitants are determined to hold out to the last, but what can we do without Ammunition: a return of the ammunition & warlike stores now on hand, belonging to the Garrison, we herewith inclose. Another matter of importance, which we beg leave to observe to your Excellency & Honors, is, the Command of the Troops at this Post and the agency of the Indians for the eastern Department, being united in the same person; it is most certain it has been attended with exceeding bad Consequences, when the Indians come in, they must be Supplyed with whatever they want, if to be had, and the Soldiers must go without; which has many times been the Case, and in our oppinion ought to be prevented in future; this is one instance among many which might be mentioned.
We beg leave to Submit to your Excellency & honors wheather it will not be expedient to put this post in a more respectable Situation very speedily; which may be done without such an amazing / to us amazing as well as to your excellency & honors / expence to the publick: Should a Captains Command be Stationed here, to keep the post &c, this with the Militia will be sufficient defence for the place; and if a priest could be obtained, that would be a means of keeping the Indians your Friends.
M' James Avery is imployed to act as agent in behalf of the Inhabitants of this place & should your excellency & honors need any Further information in this affair, he has it in his power to Furnish you therewith
We are with the utmost deference & respect your Excellencys & Honors most Humble Serv!
In behalf of the Inhabitants
S Adams Presid' Nov 12th 1782
Ref'd to next Session
James Avery to Governor.
Boston Nov 18 1782 Sir
I beg leave to inform your Excellency that there is a Vessell now here belonging to Machias, which Returns in the Course of this Week — Which will carry any Stores your Excellency