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53 Daniel Watts.
57 Moses Felt.
60 Richard Flagg.
62 Seth Mitchell.
63 Thomas Sternes.
64 Job Lewis.
65 Jedediah Southworth.
66 Abiah Wadsworth.
67 John Smith.
68 John Smith.
69 Hugh Blinning.
70 John Powell.
80 Jonas Rice.
81 Joseph Chandler..
86 Barnabas Winslow.
88 David Seabury.
89 Thomas Fish.
90 John Atwell.
91 Jacob Mitchell.
92 Peter Walton.
93 Byfield Lyde.
97 John York.
101 James Pitson.
102 Middlecut Cook.
103 Is [Walter] Gendall's farme & plantation confirmed to John Smith.
[*Shepley's First Church Catalogue, p. 48, gives this name as Samuel Brewer.]
Agreed and Ordered, That each person that hath now drawn their home lott shall have & enjoy the same in fee to them, their heirs and Assignes forever, performing the following Perticulers, Viz: That such of them as have their lotts bordering on the Salt Water shall leave three rod at least in the front of their lotts, which Order all the others that have their home lotts bordering on the Salt Water aforesaid, whetther on the Bay or Royall's River, shall comply with, which three Rods shall lye open for the use and Accomodation of the whole town, forever. That there shall be four roads or highways laid across the maine land in the most convenient places from Royall's River to the Bay. That there be a way laid out of four rod wide upon the back of the Second Division of lotts from the Salt Water and fronting the Third Division of lotts, where any such be, and where there is but one division of lotts, on the back of the lotts fronting the Salt Water as aforesaid. A highway shall be laid on the front thereof of the Second Lotts, four rods wide at least: these ways to be taken out of the Common Lands, and none of the lotts curtailed or lessened thereby. That
there be a highway leading to the Meeting House, of four rods wide att least, from the several home lotts: that those ways be cleared as soon as convenient may be, at the Cost & Charge of the Community.
That a Convenient house for the Publick worship of God be Erected & built in three years from the first of June, of fifty foot long & forty foot wide & twenty two foot stud, at the charge of the Community, at or near the head of lott Number One hundred and one, or the west side of One hundred and two, or as may be best and most suitable. And that a sufficient Quantity of land adjacent for the place for the meeting-house, be left and not lotted out, but reserved for a Burying-Place, Common or Training-Field, Pound, and other Publick uses, as may hereafter be thought needfull and adviseable. [8-z 'd]
That a Ministerial House shall be Built as the Committee shall hereafter order, the Charge to be borne as aforesaid. That a Good Orthodox Minister be provided to reside there forthwith, and for his Incouragement shall be paid after the rate of One hundred and fifty Pounds Pr Annum, till such time at least as the undertakers shall have performed the conditions of Settling and Obtained Good & Sufficient deeds or Conveyances in the law for their several home lotts and after divisions. That when and so soon as the several persons now admitted to take up home lotts, and the former Grantees, shall have well and truly performed what they are hereby respectively enjoyned to, that then deeds shall be made to them as aforesaid, Investing them with an equal part and proportion of all the other lands mentioned & contained within the bounds & limitts of the township of North Yarmouth, and all the Islands Comprehended within the boundaries and that do of Right belong to the town by Vertue of the General Court's grant, Anno 1681, or any other Lawful Grant heretofore made & since Ratified and Confirmed by the General Court, Anno 1722.
That if any Person shall be disturbed or Molested by Suit in the law, or evicted out of what is now Assigned or Confirmed to him, all costs, charges and damages ensueing thereby to be borne by all the Settlers, and, if Evicted, an Equivolent to be Given therefor as shall be Judged competent by Indifferent persons to be appointed for that purpose by both parties Interested, Provided such Suit be brought by force of any former grant or title.
The Lott number fifty two haveing a Stream running through the same, the Committee ordered and declared the aforesaid Stream should not belong to the person that should draw that lott, but be left for the use and Accomodation of the Community, and disposed of as hereafter shall be thought adviseable.
Whereas, William Scales, dec'd, made in his life time considerable improvement in the town, by building, fenceing, breaking up and clearing land, the Committee have Assigned part of that land
by him so improved, to the legal representatives of the said William Scales, being the fifty ninth lott in number, bordering on the bay and in consideration that the aforesaid William Scales lost his life in the late Indian War, in defending his house and family then residing there, and haveing left a widow and several children in strait and distressed Circumstences occasioned by the aforesaid war, the Committee do agree & consent that a Lott containing ten acres lying next to the lott Assigned & Confirmed to the Representatives of the dec'd bordering on the Salt Water, to be in breadth by the waterside twenty rod and of the same demensions in the back or Rear thereof, be Assigned to Susanna Scales, widow and relict of the said William Scales, dec'd, to her, her heirs and Assignes in fee, exclusive of all or any after divisions or Rights.
That every Person now admitted, as well as those heretofore to Settle the town of North Yarmouth, shall within the space of two years from the first day of June next ensueing the date of these presents, erect & well finish a Convenient Dwelling house, suitable to Accomodate a family to reside in, and shall clear and fence in att least five Acres of their home lotts with such a fence as the law deems Sufficient: the five Acres thus to be cleared and fenced to be on the front of each man's lott: And shall break up three of the aforesaid five acres: and for the more sure effecting this every Undertaker shall on or before the twenty fifth day of November next, repair to, abide at and remain at North Yarmouth aforsaid, either in person or by some good able body'd man, & reside there till the expiration of the aforesaid term and the several conditions respectively be performed, which will Facilitate the resettlement with great Safety to the undertakers. [sv-vt] That each house shall be built as near the center in front of each lott as the Land will allow of. That none shall have liberty to sell or dispose of by alienation his right or share of land in the township till he hath performed the Conditions enjoyned, without the approbation and consent of the Committee. That if the Committee shall think fitt to alter any ways or roads hereafter, and the performing the same may fall within any man's lott, in such case the Person injured to have an Equivolent out of the Common Land thereof.
And whereas some land at and near Broad Cove, in North Yarmouth, is now taken up and part thereof allotted out, which land is claimed by John Smith, of Boston, Merchant: It is now agreed that he shall have an Equivolent therefor, the Scituation, Quality & Quantity of the said Land to be duly Considered and Valued upon his making out a title to the same to the Satisfaction of the Committee.
That the Ministerial, School and Minister's home lotts shall
draw and have after divisions as the other lotts do: And that the Minister's lott shall be assigned over and cofirmed to the first Learned, Able, Orthodox Minister that shall be ordained and Settled at North Yarmouth: Provided he Remain there in the work of the Ministry for the space of three years after his being ordained as aforesaid.
The foregoing Votes, and also the method for drawing the home lotts of Land in North Yarmouth, and the terms and Conditions of Building upon and Settling the said lotts was agreed upon and voted by William Tailer, Esq', Elisha Cook, Esq', John Smith and John Powell, at North Yarmouth, the Sixteenth and Eighteenth day of May last past, and since further Considered and now fully Agreed to and Concluded upon by them, and by William Dudley, Esq', at Boston, the 25th of August, 1727.
Att a meeting of the Committee for
att the house of Mr James Pitson, at Boston: Whereas the Money
[Signed by Committee as above.]
Voted, that the Clerk inform Deacon Seabury & the other Proprietors of North Yarmouth, that money already raised by the lots is expended & that the Committee have Agreed & Voted that Three Pounds more be laid on & raised on each home lott in said town, that so the Proprietors may gett their money ready & that they may appoint five or more of their number to view the accompts that they may be satisfied how the money is disposed of & expended.
Voted, that the Clerk write to Benjamin Flagg to go to North Yarmouth & to perfect the laying out and bounding the home lotts & running the bounds of the whole town, and that he send a platt thereof to the Committee.
Voted, that a certificate be given to John Powell that lott number forty nine fell to him by lott when the lotts were drawn for on the eighteenth day of May last.
Voted, Whereas it doth appear that the lott number Seventy Six in North Yarmouth, in Casco Bay, was designed for John Shepard in the former settlement of this town, but he dyed without Isue, & did not perform the Conditions of Settling of itt, and Margary Stevens, the only Sister of the said John Shepard, to whom he was indebted, being the only person appearing to Claime or Settle said lott, & therefore said lott was Sett off to her when the lotts in said town was drawn, the 18th of May last past, and she now requesting the said lott may be granted & Confirmed to ber, her heirs assignes: Agreed & Voted that the said Lott number Seventy Six, with one full right or share in all after divisions, Commons, & rights, equal with the other lotts throughout the said township, be Granted & Confirmed unto the said Margary Stevens, her heirs and assignes forever, upon Condition that she pay to the Clerk the sum of Five Pounds, and the sum of Three Pounds for the use of the town, as the other Proprietors lately admitted do, and also do and perform all other terms & conditions as the other Proprietors lately admitted are or may be Obliged to in settleing their lotts in said town of North Yarmouth. In Witness whereof we have hereunto sett our hands this 25th day of August, 1727.
Att a meeting of the Committee of North Yarmouth, Dec. 19, 1727, held at the house of Mr James Pitson, where there was present, Benj Flagg, Surveyor, William Tailer, Esq', William Dudley, Esq', John Smith and John Powell, Committee: Benja Flagg, the Surveyer, made the following return to the Com