with such encouragement as that he may invite over to this Country, some of his Relations who are waiting to hear of his success. And your petitioner as in duty bound shall pray George Smith Report of Committee in re Lands in Town of Sanford. Commonwealth of Massachusetts Jan' 1st 1783 The Committee appointed by the general Court by a Resolve passed the 9th of Feb 1782 to make Enquiry into the Circumstances of the Settlement of certain Lands laying in the Town of Sanford in the County of York by Ebenezer Hall & others which according to their Representation in their Petition did belong to the late Governor Hutchinson &c have attended that Service & find that the said Lands were Settled under the Circumstances represented by the Petitioners & have Viewed said Lands containing Three Thousand Six Hundred & Fifty Acres including Ponds & heaths Bounded as follows Viz beginning at the Western Corner of a Tract of Land called Coxhall at a pitch pine Tree marked on four Sides thence running North East Eight Hundred & Eighty Rods to a white oak Tree marked on four Sides thence North West Six Hundred & Sixty Three Rods Ten feet & an half to a small white oak Tree marked on four Sides thence South West Eight Hundred & Eighty Rods to a white Oak Tree marked on four Sides & thence South East Six Hundred & Sixty Three Rods Ten Feet & an half to the place begun at Your Committee are of Opinion that within the Limits aforesaid are contained about Five Hundred Acres of Heaths & Ponds which being allowed as such & deducted Your Com mittee Estimate the Residue considered as in a State of Nature at the Rate of Three Shillings an Acre amounting in the whole to Four Hundred Seventy Two pounds Ten Shillings Your Committee beg leave to mention that from the best Information which they have been able to obtain that the Fee of the said Lands was never vested in the said Governor Hutchinson & that he only held a part thereof as a Tenant by Courtesy but the Fee of the said Lands was Vested in one Grizzel Sanford, the Heirs of the Wife of the said Hutchinson & the Heirs of the last Wife of the late L' Governor Oliver decd therefore can not in the Opinion of your Committee be regularly granted to the Petitioners untill it shall appear that the said Lands are the property of this Commonwealth from a Confiscation thereof in due Course of Law John Hill p' order Memorial of Proprietors of Land in York County. To the Honourable the Senate and House of Representatives in General Court assembled The Memorial of the Proprietors of Certain lands in the County of York under Hartaken Symonds humbly sheweth that your Memorialists are informed that Jeremiah Eastman and others have petitioned your honours to grant them certain lands said by them to have formerly belonged to Thomas Hutchinson Esq & situate in Sandford in said County - Now your Memorialists beg leave to represent to your honours that said lands are their property, that they never were said Hutchinson's & are situated in Coxhall in said CountyThat the determination of the Question depends upon settling That your the line between Sandford & Coxhall judicially memorialists and persons under them are in actual possession of part of those lands; that a law suit is now pending the determination of which will probably settle the disputeWherefore your memorialists humbly pray that your honours would not pass upon the said petition but will dismiss the same, & make no order touching said lands until the title to them is determined in due course of law-And your petitioners as in duty bound shall ever pray York Ss June 22d 1768. by Sam' Baker their Agent Mess' Joseph Simpson Jun' Benjamin Harmon and Jonathan Johnson aforenamed personally appearing solemnly made Oath that in making partition and Division of the Lands within mentioned they would do it Justly and Impartially according to their best skill and Judgment before me Nath' Wells Just Peace York Ss Pursuant to the foregoing appointment and power to us given by the Honble the Justices of the Sup' Court after having given due Notice to all concerned & being Sworn have made Partition and Division of the remainder of the Tract of Land of Eight Miles square within mention which we find to be fourteen thousand and six hundred Acres & have so far proceeded to set off to the Heirs of the within named Peleg Sanford his Interest therein being one fourth part thereof containing three thousand six hundred and fifty acres by the meets and bounds following viz' beginning at the Western Corner of Coxhall so called at a Pitch Pine Tree marked on four Sides and thence running North East by Coxhall aforesaid Eight Hundred and Eighty Rods to a White Oak Tree mark on four Sides thence North West six hundred & sixty three Rods ten feet and an half to a small White Oak Tree marked on four sides thence South West Eight Hundred and Eighty Rods to a White Oak Tree mark'd on four sides thence South East one hundred & thirty four rods ten feet and an half to a pitch pine Tree standing at the North Corner of the within mentioned Nineteen thousand Acres then South East Five hundred and twenty nine Rods by the said Nineteen Thousand Acres to the place began at To hold to the said Heirs of the said Peleg Sanford as Witness our Hands at Sanford June 224 1768 York Ss July 5th 1768. Jos Simpson Jun' Jona Johnson In the Sup' Court then setting the aforewritten Division was read and accepted Att Sam' Winthrop Cler Att Dan' Moulton Reg Recorded according to the Orig' recd July 6th 1768 Lib° 41 fol° 49. Note this Partition was made In pursuance of a Warrant granted by the Court in Answer to the Petition of Andrew Oliver Esq' & Mary his Wife Tho" Hutchinson Esq' as he is Tenant by the Curtesy & in the behalf of the Children of his late Wife Margaret dec And Grizell Sanford Gentlem" The s Mary Margaret & Grizell being Daught's & Coheirs of William Sanford late of Newport Gent. Dec And is Record next before the sd Division Commonwealth of Massachusetts. In the House of Representatives Febry 9th 1782 Whereas it appears from the Representation of Eben Hall and other Petitioners Inhabitants of the Town of Sanford in the County of York that some years ago they settled upon certain Lands in said Town, which belonged to the late Governor Hutchinson and have made considerable Improvements thereon in Expectation of obtaining a good Title to the same. Whereas the said Lands are by Confiscation now become the Property of this Commonwealth, and the Committee for selling confiscated Estates in said County are impowered to dispose of those Lands as well as other Lands confiscated to any Person or Persons indiscriminately. And Whereas the Petitioners have applied to the Gen Court for an exclusive Right of purchasing said Lands for a reasonable consideration. Therefore Resolved that Jn° Hill Nath Wells and John Frost Esq' be and hereby are appointed a Comittee to make full Enquiry into the Circumstances of the Settlement of said Lands, who are hereby directed at the Request and Expence of the Petitioners to view and estimate said Lands at such price as the same would have been worth in a State of Nature and take or cause to be taken such Plan or Plans and prepare such Descriptions thereof as may be requisite as Preparatories to a Grant of the same to the said Petitioners and make report of their Doing in Consequence of this Resolve to the Gen' Court as soon as may be. And the said Committee for selling confiscated Estates are hereby directed to suspend the Sale of said Lands and Prosecution against the present Possession thereof till the further Order of the General Court any Law or Resolve to the contrary notwithstanding |
