Acts and Resolves of Legislature Commonwealth of Massachusetts

1727, Chapter 13

An Act For Dividing the Town of Marlborough, and Erecting A New Town There by the Name of Southborough

Whereas the southerly part of the town of Marlborough, within the county of Middlesex, is competently filled with inhabitants, who labour under great difficulties by their remoteness from the place of publick worship, &c. and have thereupon made their application to the said town of Marlborough, and have likewise address'd this court, that they may be set[t] off a distinct and separate town, and be vested with all the powers and privileges of a town; and the inhabitants of Marlborough having consented to their being set[t] off" accordingly,—

Be it therefore enacted by the Lieutenant-Governour, Council and Representatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the southerly part of the said town of Marlborough, as hereafter bounded and described, be and hereby is set off and constituted a separate township by the name of Southborough; the bounds of the said town to be as followeth; viz., beginning at an oak tree, by some called a black oak, standing in Westborough line; then by Westborough line to an heap of stones, where it meets with Framingham line; then turning easterly, by sundry mark'd trees and heaps of stones, until it comes to a heap of stones southerly of Troublesom[e] Meadow; and from thence by mark'd trees, being the ancient bounds of Marlborough, until it comes to an heap of stones near the house of Daniel Mixter ; from thence extending the ancient bounds of Marlborough to a dead walnut; and from thence to an heap of stones in Framingham line, where it meets with the lands still remaining to Marlborough; and from thence, by the several monuments and bounds express'd in the vote of the town for setting the same off, until it comes to the oak tree first mentioned : according to a plat of the said land taken by C[a]pt. William Ward, and lodged in the files of the general court ; and that the inhabitants of the said lands as before bounded and described, be and hereby are vested with the powers, privileges and immunities that the inhabitants of any of the towns within this province are or ought by law to be vested with : provided, the grant of the said township be not construed to affect the rights and properties of any persons to lands within the same.

Provided, also,

[Sect. 2.] That the inhabitants of the said town of Southborough do, within the space of eighteen months from the publication of this act, erect and finish a suitable house for the publick worship of God, and procure and settle a learned, orthodox minister of good conversation, and make provision for his comfortable and honourable support; and likewise provide a school-master to instruct their youth in writing and reading.

And be it further enacted,

[Sect. 3.] That the inhabitants of the said town of Southborough who have not paid their proportions to the minister's salary, and other assessments made in the town of Marlborough, to the time of the publication of this act, be still liable to pay the same in such manner as heretofore; and the respective constables of the s[«i]d town of Marlborough are hereby directed and impower'd to collect the same accordingly.

P 'ovided, always,

[Sect. 4.] That the said inhabitants shall be entitled to and have the benefit of any town rate or tax in Marlboro[ugh], already granted and made for the use of the s[ai]d town only, in as full and ample manner as they were before their being set off and made a separate township; anything herein contain[e]d to the contrary notwithstanding.

Passed July 6; published July 11.