[7-209] [Deposition of Thomas Tibbetts.] The Deposition of Cap' Tho Tibbetts of Dover in the Province of New Hampshire aged eighty eight years who Testifyeth & Saith that ever Since his Remembrance the Point of Land where Jonathan Battishals Dwelling house now stands in Newington, in the aforesaid Province was Commonly called & known by the name of Jeffry Raggs Point [7-210] Tho Tibbetts [Deposition of Abigail Richards.] The Deposition of Abigail Richards aged Seventy three years that about Sixty years ago or thereabouts the Deponant Remembered a high way people used down to the water Side on the Northerly Side where John Rawlingses House Stood and running down next to where Huntres fence now Stands & then running on fore side of Sam" Rawlingses Orchard and from thence down on ye north of the Spring to the Slip at the waterside and the Deponant further saith that she very well remembers that people used to hall lumber down to the waterside by Huntress fence the Deponant being a Daughter of Rawlings & lived on the place or there abouts for forty years [7-211] [Deposition of Joseph Richards.] The Deposition of Joseph Richards of Rochester aged Seventy nine years testifyeth and saith that he being requested by Mess' John Knight & John Downing junr to give what Information he could concerning a high way lately laid out in the Parish of Newington by the Said Knight & Downing as SelectMen of Said Newington, as he is informed, having taken a View of the Said way where Said Knight Said it was laid out, Say's that upwards of fifty years Since he the Deponent was acquainted with the land Claimed by Rawlings and that when he first knew them lands there was a path used by Samuel Rawlins the Son of James Rawlins & others thro' the woods Some places in and others near by where said Road is now laid out down towards the River till they come to Said Samuels Inclosure and that after the Crop & graising of his field was done in the fall the Barrs laid open and that path used for carrying lumber to the River turning of to the northward in the Inclosure before they got ye River wher the way now is laid out & coming to it at the Slip ab' thirty Rods above the Said Inclos ure not lying open in Summer Season & that Since (viz1) ab* thirty three years ago a division of Sd Lands was made among the Heirs of the Sd James who open'd & used a Road for considerable time more northerly between the lands then of John Rawlins & Samuel Rawlins down to the River and the Deponant add's he lived with Samuel Rawlins a son of ye said Ja before this deponant was married who lived at the Same place [Sworn to in court of judicature at Portsmouth.—ED.] [7-212] [Inhabitants of Newington concerning said Road, 1753.] Province of Newhamp To the Honorable the Justices of his Majesty' Court of Generall Sessions of the Peace for Said Province holden at portsmouth Within and for Said Province on the first Tuesday of September 1753 Humbly Shew the Inhabitants of Newington in Said Province That in the Year 1656 the Town of Dover in Said province Granted a Cart way of four Polls or rods wide from the water Side at Jaffreys Ragg his house and So into the wood to the Old Way Which way So Granted was then in the Township of Dover but now in Newington aforesaid and was many Years kept open and Used as people had Occation Without Interruption Untill Samuel Rawlins Late of Newington aforesaid yeoman Deceased Some few years before his Decease fenced up and Took that part of Said way which Runs by the Land he Claim into his Inclosure and in the Life time of the Said Samuel at his Majesty' Sup' Court of Judicature held at portsmouth Within and for Said province on the 24th Day of August 1748 By adjournment the Said Samuel Rawlins was Convicted and Adjudged Guilty of fencing Up and Incumbering the Said Way So far as his Lands run and in and by the Same Judgem' it was Ordered that the Said Incumbrance Should be Removed & the Said Way Laid open but the Judgement of Said Court has not been Duly Executed and Notwithstanding the Said Conviction and order of the Said Court Allice the widow Relict of the Said Deceased and Samuel his Son who are in possession of his Estate Continue the Said Incumbrance and will not Suffer the Same to be Removed whereby not Only the Said Inhabitants of Newington but all Other his majesty Subjects are Deprived of their Right of passing and Repassing at Said place as they have Occation That the Said Way is Very Necessary and would be of Great Conveniency to the Publick if Opened for that there is no publick way or passage to the River from the old way above mentioned nor aCross the Particular Lotts but this above Granted for near three Miles and there is no Obstruction to or in Any Other part thereof than what was made By the Said Samuel Deceased and Continued as aforesaid Wherefore the Said Inhabitants pray the advisement of the Said Courts in the Premisses that your Honours Would Order the Said Incumbrance to be Removed that the Said Inhabitants and Others may Enjoy the Priviledge of Said Way and not Suffer Private Persons to possess Lands Granted and Appropriated to Such a Necessary Publick Use By A True Copy [7-213] Moses Furbur their agents att H Wentworth Cle A Schedule of The Mens Names Petitioners of The Town of [7-214] [Deposition of George Walton.] The Deposition of Geo Walton of Newington in the province of Newhamp Esq' of ffull Age Testifieth and Saith that Some Years past he was att the house of Sam" Rawlings Late of Newington Decd (and in the time of his Mothers life) and was Called there by him and his aforesaid Mother m" Rebecca Rawlings in Order to make a Settlement of the Estate amongst the Childerin of her the Said Rebecca att which time the Said Deponant Asked the Sa Rebecca the reason of her Son Samuel haveing a Wider quantity of the Land then the Other Breatherin, upon which She the Sd Mrs Rawlings Said there was a Road or high way to come out of her Son Samuels part, of four Rodds Wide Whereupon I the I Said Deponant asked Sa m" Rawlings Where abouts the S way was upon which She came to the Door and pointed her hand toward huntrisses Land and Said itt was Over upon that Side— George Walton [Sworn to before John Downing, justice of the peace.— ED.] [7-220] [Deposition of Samuel Huntress.] The Deposition of Samuel Hunttriss of Newington in the Proviance of Newhampshire aged Sixty Six years of age testifyeth & Saith that he was well knowing to the Land of Rawlings & to the Point that is Called Jaffry Raggs Point & that my father and my mother & old mis Rawlings told me that Jaffry Ragg did Live upon the Point Nigh where Jonathan BatterShill Dwelling house Now Stands & I was with the Sons of the Said Rebeka in making their Diveding fences and did not hear any one of them Say any thing about a high way Going through the Said John or Samuels Land but I Did hear old mis Rawlings Say theire wos to goe a high way through hir Sons Joseph Lald from the Point where Jaffry Raggs house Did Sand and the Depoant further Sayeth That he Rembers when that old Rawlings old house did Stand over where they have Laid the high way which is in the middle of the Said way where it Is now Laid and I Remember that Joseph Richards had one or two Children born in it & I did help take the Same Down and did help Cary the Same over and Raise the Same up between their Dwelling house and learn that it is now Standing where the Said alice and Samuel hir Son does now live & further say not his Samuel X Hunttriss mark [7-215] [Proceedings of Court of General Sessions, 1758.] Province of Newhamp At his Majestys Court of Generall Sessions for the Peace Holden at portsmouth Sept the 4th 1753 Upon Reading the Complaint of the Inhabitants of Newington against Allice Rawlins & Samuel Rawlins for Incloseing a high Way Ordered by the Court that Allice Rawlins, & Samuel Rawlins be Served with a Copy of this Complaint and Order thereon that they May Shew Cause if Any they have why this motion may not be Granted at the Next Term Att H Wentworth Clark And the Said Allice & Samuel Come into Court and Say that they have no Objection to Make against the High Way Granted by the Town of Dover in the Year 1656 be Opened and all Incumbrances be Removed there from so far as the Same is within the Land in Possession of the Said Allice & Samuel Prove of New Hamp per M. Livermore their attorney At his Majesty Court of Generall Sessions for the Peace Holden at portsmouth Decemb' 4th 1753 The Inhabitants of Newington Informants adv. Allice Rawlins & Sam" Rawlins By Cont from Last Term to this by Order of Court that Allice Rawlins and Samuel Rawlins be Served with a Copy of this Motion to Answer this Term if they See Cause at which Term the Said Allice and Samuel appeared and Pleaded as on file and thereupon the Court appointed Samuel Hart and Daniel Pierce Esq's both of portsmouth and Thomas Westbrook Waldron of Dover Gentleman to open the Said Way According to the Grant as they Shall apprehend it was and to Remove all Incumbrances thereon so far as the Said way Lies within the Possession of the Said Allice & Samuel or Either of them and Make Return of their doeing herein to this Court as Soon as may be Under this or any two of their hands A True Copy Prov. of Newhamp' att H Wentworth Clark Pursuant to the within appointment We the Subscribers haveing heared the parties and the Evidences opened the way and laid it Out as follow Viz' Begining at the Side of Piscataqua River four polls to the Northward of the Division fence between the Land of Sam1 Huntress & others on the South Side and allice & Samuel Rawlins on the North Side And Run the Said Road as the Said fence runs to the Westerly Corner of the Said Huntress possession keeping the Distance of four Rods from Every part of Said fence then South Sixty five Degrees West thro° the Land of Allice and Samuel Rawlins aforesaid |