other half to William Furbur and others, whereas it's Evident from the Votes of sd Town many years after that William Furbur and the whole Town Esteemed that Grant when the said Town was under the Massachusetts Government of no Validity For the s William Furbur in 1693-4 attests to Votes and Grants of the Freeholders of Dover afores of part and parcels of the sd Land; however at a Superior Court the sd Waldron Recovered the sd Moiety and upon an appeal before the Honble the Lieut. Governor and Council the appellants making De fault the Judgement of the Superior Court was Confirmed; the reason of such Default is easily accounted for so that by sa Judgement the sd Waldron was to hold in Common one Moiety of sd Neck with y' Pet's and others; That some time after the sd Waldron brought his writ of Partition to hold his part in Severalty, and accordingly the 12th day of April 1728 a Jury went on the sd Neck and divided the same, giving the upper part thereof to sd Waldron and your Pet's the lower half where their Settlem's Orchards and Improvements were made, as by their return under their hands and Seals will appear, which was most equal & Just, & virtually agreing with the Judgement of the Honble the Lieut. Governour and Council upon the appeal that the sd Waldron might not be profited by your Pet's buildings; but the s Waldron being thus in part defeated of his Expectation, by management under the colour of Law & practice, but not warranted by either, as upon a hearing before your Excellency and Hons will evidently appear, procured another Jury in SeptemberFollowing to make the Division De Novo, who without making themselves acquainted with the Tract and the Survey thereof as the Former Jury had done, at once and without any trouble Confirmed the Divisional lines the Former Jury had made and Established the Same, but gave the lower half where Stood your Petrs Houses Barns Orchards and all their clear Land to sd Waldron and gave them the upper half which the Former Jury had given to Waldron so that your Pet's after upwards of thirty years labour and the Expence of much blood and the sweat of their Brows are thereby with their wives and Children drove into the wild wilderness, and all this so done under the Shew of Justice and Equity within a civilized Gov ernment. Your Pets therefore persuade themselves from your Excellencies Superior and most distinguishable abilities and vertues, and from the Experienced Justice and Equity seated in Your Excellency and Hon's, that they shall have a short day assigned them to be heard by their Council on the premises, and that they shall receive Such redress and relief as to Law Justice and Equity shall appertain And the Pet's as in duty bound will ever pray &c April 4th 1729. ELISHA CLARK JAMES WELLMET HOWARD HENDERSON Petition of the Inhab. of the N. E. part of Dover for a Parish. To his Excellency William Burnet Esqr. Captain General and Governour in Cheif in and over his Majesties province of New Hamp' the Honourable his Majesties Council and the Representatives of the sa province in General Assembly Con vened The Petition of the Subscribers Inhabitants of the North East part of the Town of Dover, humbly sheweth-That the Dwelling places of yo' Petitioners are at a great distance from the houses of the Public Worship of God in the Town of Dover where your Petitioners live by which their attendance thereon is rendered very difficult more especially to the women and children of their families and that in the Winter Season and in Stormy weather So y they cannot pay that Honour and Worship to God in publick as it is their hearts desire they could, therefore for the advancing the Interest of Religion and for the Accomodation of yo' Petitioners It is humbly prayed by them that Your Excellency and the Honourable Assembly will please to sett them off as a Parrish for the Maintaining the Public worship of God amongst themselves and that they be dismiss'd from the Town of Dover as to the Supporting of the Settled Minister there, And that the Bounds of that their Parish may begin at the Gulfs a place so called at Cochecho river, and from thence to run to Varney's Hill and from thence the Town bounds on a North West point of the Compass & Your Petitioners Shall ever Pray as in duty bound &c Paul Wentworth Elazar Wyer? Lowe Roberts Jeremiah Rawlings Thomas Nock John Roberts Samuel Randall Moses Tebbets John Tebbets Benja Peirce Zacheriah Nock James Stacpole Benja Varney Ebenezer Garland Richard Wintworth Joseph Wintworth Tho Wallingford April the 25th 1729 In the house of Thomas Tebbets Daniel Plumer Jabez Garland Hugh Connor In the house of Representatives. The within Petition being read Voted the Petitioners serve that part of the Town of Dover that they Desir'd to be set off from with a Copy of this Petition to appeare at the General Assembly Wednesday next the Show Cause (if the can) why the prayer of the Petition Should not be Granted In Council EodTM die Read and Concurred with R. Waldron Cler Con Petition of Eleazer Weare in behalf of Inhab's of N. E. part of Dover. To His Excellency William Burnit Esq' Goven' and Commander in Chief in and over his Majesties Province of New Hamp & to the Honourable the Council and Representatives in Gen' Assembly convened. The Humble Petition of Eleazer Weare in the behalf of the Inhabitants of the North East part of the Town of Dover Sheweth That the Inhabitants of the afores North East part of the Town of Dover upon their Petition by them Subscribed presented to your Excellency and to the Honourable Assembly that they might be set off as a Separate Parish did obtain an order that their Petition Should be heard on Wednesday the Ninteenth day of April last and that the Inhabitants of the Parish of Dover should be notified to attend the Same on the sd day, yet so it happens that the s day is past and yet the Inhabitants of Dover not notified nor any hearing of the sa Petition had. Your Petitioner therefore prays that your Excellency and this Honourable Assembly would please to appoint a Day that so the afores Petition May be heard and that the Town of Dover be notified to make answer if any Your Petitioner shall shall ever pray as in duty bound Dover I May, 1729 In the House of Representatives— ELEAZER WYER Voted That the prayer of this petition be granted & the Town of Dover be notified by the petitioners Serving the Selectmen with a Copy of the Petition & that the Town be Directed to Send some person or persons to represent them & give reasons if any they have why the pray of the sd Petition should not be granted & to appear the Eighth day of Ins' May or if the Assembly be not then sitting then to appeare the Second day of the Sitting of next Gen1 Ass May 1st 1729 In Council May 2d R. Waldron Cler. Con. James Jeffrey Clr Assm Petition of Paul Gerrish and others of Dover, relating to frauds and forgeries. To the Honourable John Wentworth Esq' L' Gov' Comand In Chief in and over His Majestys Province of New Hampshire To the Honble the Council and House of Representatives convened in General Assembly for Said Province The humble Petition of Paul Gerrish of Dover in New Hampre aforesaid and several of the principal Inhabitants of said Town Most humbly Sheweth That for these two years last past the said Paul Gerrish has been Clerk of the said Town of Dover and since the books of the said Town have been in the said Gerrish's hands, he has discovered a Great deal of Corruption (or forgery as he apprehends acted and done in the said books) as he supposes by those persons (or their permission) whose hands they formerly have been in, and that said principal Inhabitants of said Town are Stil of opinion that there are now through the ill actions formerly done a great many forged grants stil produced and bro't to the lot layers of said Town to be laid out who with great reason suspecting them refuse to lay them out and on their refusal those persons who have got those grants apply to the next Town Lot lay's who lay such grants out, whereby the Town of Dover is very greatly damnified and set in confusion and if some remedy cannot be found out for their relief will be almost ruin'd-They Therefore most humbly Pray That yo' Hon' and the Gen' Assem will take the premises under your mature Consideration and make such orders thereupon as may (if possible) rectify the horrible Injustice that has been done the Town by such false entrys and Effectually prevent the Confusion which the Town will otherwise unavoidably be in and yo' petition" as in duty bound shall ever pray &c Dec 15th 1729 Paul Gerrish Paul Wentworth John Cannie Eben' Varney Jun' Israel Hogsden Mark Gyles Tob Hanson Jun' Edward Ellis Gersh Wentworth Jun. Israel Hogsden Trist Coffin Benja Hanson Moses Winget David Watson Tho Alden Joseph Conner Sam' Styles Nath' Varny Thom' Wallingford Sam Jones Gersh' Wentworth In the House of Represenves Dec. 16 1729. The annexed Petition of the Town Clerk of Dover and others of said own was read and Voted Thereon, That the Clerk of the said Town of Dover for the time being be hereby prohibited entering any of those old Comittee Grants that are Suspected not to be legally obtained and to enter only such Grants as have or may be allowed by said Town or the Select Men thereof until the next Siting of the General Assembly and that there be a Comittee chosen by the Gen1 Assembly to go to the Town Clerk for the Time being who is hereby required to shew unto such Committee such Entrys Matters and things as he or any of the Said Town suppose to be done by ill practice and the said Committee shall by Virtue hereof summon before them all such persons that can give any light in Explaining any matters or things they may see occasion to Examine for discovery of truth and detecting such vile practices and to give such person or persons their oaths and to make returns of their doings therein to the General Assembly next session And that Nath' Weare Esqr. and TheoTM Atkinson Esqre be a Commit |