and Fifty acres adjoining on that corner of y Township that Bounds on New Boston West Line & One hundred and fifty acres as discribed on ye plan of said Tract And that there be further reserv'd to and for ye use of y grantees their Heirs and assigns Free of all charges & Incumbrance of settlement or taxes until improved by the owners or by them sold, Six thousand & six acres and laid out into nineteen Equal Shares at the charge of y grantees in y following manner, viz. That there be in y next best accommodations of ye undivided Lands three Thousand six Hundred & sixty acres laid out for the grantees aforesaid for Quantity and Quality with ye Land already laid out in nineteen equal shares as aforesaid and that there shall be next laid out in ye said undivided lands, so much to each grantee who has not his full proportion, in ye Lands already laid out, and set in ye Schedule as shall make their respective shares equal with the rest. And that the remaining part of the Land reserved for the grantors aforesaid, being two Thousand Four Hundred acres be Divided for Quantity and Quality with the rest of ye comon Lands into Nineteen Equal shares. And the remainder of ye comons or undivided Lands to be to and for the use of ye grantees as they shall order the Divisions thereof. And that where any lands was by the Proprietors claiming under the Massachusetts grant formerly left within any lott for Highways the Owners of such lott shall have said Land thus reserv'd allowing so much as shall be of equal Value out of his part in ye next division of ye comons. That the respective Grantees, Owners of ye Fifty Shares afores and who are not excused from Duty and charge, bring forward and make settlement in the following manner viz. That they lay out ye sd Tract or Township and compleat the Division thereof as afore directed at or before ye 20th Day of November next ensuing and return a plan thereof certified under the Hand of their clerk on oath within two months after such work shall be compleated to ye clerk of said grantors. That ye respective Owners for each respective share make one settlement in the following manner viz. To clear inclose & fit for mowing or plowing Two acres on some one Lott and have a comfortable dwelling House built and fitted for comfortable dwelling in and a Family or some Person resident there at or before the first day of december, one thousand Seven Hundred and Fifty six and to continue Inhabitant or Resident there for Four years then next coming and also for the same four years annually on each of y said Lotts, to have Two Acres clear'd Inclosed and fitted as aforesaid. That there be a Meeting House for Publick Worship in said Township within Five years from this Date at such place as shall be agreed on by the proprietors both grantors and grantees to be determined according to Interest and Ten acres reserved there for publick use notwithstanding such Lott should be laid out to any Particular person or persons. That the land in said Township belonging to grantors and grantees, be subjected to have all necessary Highways laid through them as there shall be occasion for the future without any pay or allowance for Damages that the aforesaid grantees their Heirs or assigns not heretofore excused from charge by a Major Vote in publick Meeting called for that purpose, Grant and assess in equal proportion such Sum or sums of money as they shall think necessary for carrying forward and compleating the settlement aforesaid or for the support of the ministry as the Proprietors shall agree to and every of the Grantees exclusive of three Publick Lotts or his assignee who shall neglect for the space of sixty days after such assessments shall be granted to pay the same, so much of such delinquents Rights shall and may be sold as will pay their respective Fines and all charges arising thereon by a committee to be appointed by the grantees or their assignees for that purpose. And in case any of the grantees or their assignees shall neglect or refuse to perform any of the Articles, Matters or things aforesaid by him respectively to be done He shall forfeit his Right in said Township and every part thereof, to those of the Grantees or their Imediate Assignees who shall have comply'd with the conditions on their Part herein Expressed and it shall and may be Lawfull for them or any person by their Authority to enter into & upon the Right or part of such Delinquent Owner, and any and every part in the Name and behalf of the whole of the Grantees or their Imediate Assignees, who shall comply as aforesaid to move oust and expell for the use of them their Heirs and assigns, provided they settle or cause to be settled each such delinquent Right within the Term of one year at the Farthest from the Periods that is by this Instrument Stipulated to be done as the condition of this grant, and fully comply with the whole Duty such delinquents ought to have done within One year from Time to Time after the respective Periods thereof, and in case the grantees or their Assignees fulfiling their parts as aforesaid shall neglect fullfiling as aforesaid the Duty of any delinquent Owner as aforesaid then such right or part shall be Forfeit revert and belong to the Grantees their Heirs and assigns to be wholly at their disposal, allways provided there be no Indian Warr with in any of ye terms aforesaid for doing the Duty conditioned in this grant, and in case that should happen the same Time to be allowed for the respective matters afores'd after such Impediment shall be removed. That all white pine Trees fit for Masting His Majesties Royal Navey growing on said Tract of Land be and hereby are granted to his Majesty, His heirs and successors forever. Lastly the said grantors do promise and engage to ye said grantees their Heirs and assigns to defend through the Law, to King & Council if need be one action that shall and may be brought against them or any Number of them by any person or persons whatever claiming the said Land or any part thereof by any other Title than that of the s grantors, or that by which they hold and derive theirs from provided the said grantors are avouched in to defend the same and that in case on Final Tryall the same shall be recovered, against the grantors that such person or persons shall recover nothing over against the grantors for the said Lands, Improvements or Expence, in bringing forward the settlement. To all which Premises I Joseph Blanchard Agent for and in behalf of the Proprietors the grantors have hereunto set my Hand and seal this fifth day of December A D. 1753. JOSEPH BLANCHARD. The aforegoing pages contain a true coppy of the charter signed & Executed by Joseph Blanchard Esq as agent for & in behalf of the Propriet of lands purchased of Jn Tufton Mason Esq in the province of New Hampshire delivered unto us the subscribers in behalf of the grantees mentioned in this charter. And Whereas we were by the afores grantees Authorized & Impowerd to Setle agree & compound concerning the premises in the afore written charter with the sd Joseph Blanchard Esq in his capacity above mentioned on such terms & conditions & with such reservations as by both parties should be agreed & concluded-Now therefore we the sd Comittee in the name & behalf of the grantees mentioned in the afore written charter, hereby accept sd Title & for s Grantees do acknowledge that we hold sd Lands under the s grantor's Title & on the conditions & Limitations with the reservations express'd in said charter Wittness our hands this 5th Decemb 1753. Wittnesses Lowe Pickman John Nutting Jr. Benjh Lynde Schedule to be annexed to Charter made to Benjamin Lynde Esq and others of Salem-Canada now called Lyndeborough. ter 26... 38, 42 109, 110 45, 105 120, 121 62, 96 58,59 68 35, 61 67, 126 90, 91 The foregoing List is the Schedule referred to in the annexed Char 72 [NOTE.-In the original MS. volume, p. 283, is a survey and plan of the abovesaid township. ED.] Petition for an Act of Incorporation. To His Excellency Bening Wentworth Esq Governor and commander in chief in and over his majestys Province of New Hamp' & the Hon' his Majestys Council The petition of a number of Inhabitants of said Province Humbly Sheweth that they live on a Tract of land in said province Bounded Easterly by Amherst southerly by Wilton Northerly by New Boston and Westerly Near what was called Peterborough and that said tract of land is not yet Incorporated into a Town & by reason of which they labour under many difficultys. Therefore your petitioners Humbly pray that they may be Incorporated into a Body Pollitick and by a charter be Invested with the Authority & Priviledges as other Towns have & enjoy in this province and y' petitioners as in duty Bound shall ever pray. June ye 28th 1763. John Stephenson John Carkin Jacob Cram Moses Ordway Ephraim Powers Moses Steels Ephraim Putnam Melchisedek Corfee David Badger Having considered the within Petition I do hereby consent to the Incorporation of the sd Town of Lyndeborough & you are hereby directed to prepare a charter of Incorporation accordingly To M Secretary Atkinson. B. WENTWORTH MADBURY. [Formerly a part of Dover; was incorporated 31 May, 1755. ED.] Petition for a Parish. To His Excellency Benning Wentworth Esq. Governor & commander in chief in & over his Majestys Province of New Hampshire The Honourable his Majestys Council & House of Representatives for said Province in General Assembly convened the 10th day of May 1743. The petition of Sundry Persons Inhabitants of the Westerly part of the Town of Dover & the Northerly part of Durham in said Province Humbly Shews, That your Petitioners live at such a distance from the meeting houses in their Respective Towns as makes it difficult for them & their Families to attend the Publick Worship there especially in the Winter & spring seasons of the year, which Induc'd a number of your Petitioners some years since at their own cost to Build a meeting House situated more conveniently for them where they have some times had preaching in those seasons of the year at their own expence tho they were not Exempted from paying their proportion at the same time to the standing Minister of the Town. That the Towns aforesaid are well able as your Petitioners apprehend to bear their annual charges without the assistance of y Petitioners and that they might be Incorporated into a new Parish whereby they might be accommodated their children & servants (as well as themselves) have more Frequent opportunities of attending Public Worship and all of them Reep the advantages of such an Incorporation which considering their present circumstances they think would not be a few, and the Towns not Injured. That your Petitioners conceive a parish might be erected with out prejudice to the other part of the Town of Dover by the Following boundaries viz. Beginning at the Bridge over Johnsons Creek so called, where the dividing Line between Dover & Durham Cross the Country Road & from thence running as the said Road runs until it comes even with Joseph Jenkins his house & from thence to run on a North West & by North course until it comes to the head of said Township which boundaries would comprehend the estates & habitations of y Petitioners living in Dover & the making a parish there will greatly contribute to the settling the lands within said Boundaries & those that Lay contiguous as well as be very convenient for y' Petitioners. Wherefore they most humbly pray that a parish may be erected & Incorporated by the Bounderies aforesaid with the usual powers & Priviledges & that such of y' Petitions as live within the Town of Durham may have liberty to Poll off into the same, or that such a part of the said Township may be annexed thereunto which would be the better way as will accommodate the Remote settlers in said Township near the said Boundaries as well as your petitioners or that they may be Relieved In such other way & method as this Honble Court shall see fit, & yo' petitioners as in duty bound shall ever pray &© Thomas Wille John Roberts Samuel Davis Samuel Chesley John Huckins |