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HomeMy WebLinkAbout526 Agreement of Jonas Pierce, Jonathan Smith, and William Smith concerning a road over their lands, November 16, 1762This Indenture made this Sixteenth Day of November in ye year 1762 In the 3d year of his Majesties Reign Beetween Jonas Peirce of Lexington in ye County of Middlesex in ye Province of Massachusetts Bay in New England Cordwinder and Assign[?]Jonathan Smith husbandman & William Smith Brick Layer Both of ye afore sd [said] town & County Wittnesseth that Whereas the Select men of ye town of Lexington formerly Pricked out a way on ye westerly side of ye above sd Jonathan Smith Barn to accomodate sd Smith & the above said Jonas Peirce & others in wich way ye above said Peirce had Liberty of passing to his Improved Land as far as the above Jonathan Smiths Land goes and att ye Request of sd Jonathan Smith to ye town to Be Let out so as to Convene him & others in travelling to ye Publick worship the Select men of said town on ye 30 Day of November 1761 pricked out a way on ye Easterly side of sd Jonathan Smiths Barn wich is more Conveniant for sd Smith and others to Travell to ye Publick worship in and wich Road sd Peirce Exepts for that purpose yet not Being so Conveniant for said Peirce to pass & Repass to his improved Land for ye Removing of wich Diffiiculty it is agreed & concluded that in case the town of Lexington will give said Jonathan Smith ye old way in Lew [in lieu] of ye new one as far as it Goes upon his Land & one pound Lawfull money the above said Jonathan Smith will find way for said Peirce as far as it goes through his Land [insertion from left margin] where the parties agreed upon when the Committee was Present [end of insertion] with this Proviso that said Peirce make & maintain one pair of Bars & the above said William Smith agrees that in case the above said Jonas Peirce will make Eight Rod of ye wall upon this New way as it Goes through the widow Underwoods Land that he will give said, Peirce a way through his Land till it Comes to said Peirces improvement , & upon these Condistions & Considerations it shall & may Be Lawfull for ye above said Jonas Peirce his heirs and assigns for Ever to have hold up Improve a way through [illegible] Jonathan Smith and William Smith Land said Peirce to go through Gates & Bars & to put up the Bars and shut ye Gates & upon these Considerations we the above Named Jonathan & William Smith our heirs & assigns will for Ever Defend the above said Privilidge of a way through our Land as afore said to ye above said Jonas Peirce as in witness whereof the above Named Parties have put their hand & Seals the Day of the Date above written: the word, in margent was before signing Jonas Peirce Jonathan Smith William Smith Signed Sealed & Delivered In the Presence of Benja: Brown Thaddeus Bowman