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