1st of
March, 1764. In the course of a year or two the character of the
original company was essentially altered by the death of Richard
Simonds, the retirement of Samuel Blodget and Richard Peaslie and the
admission of Leonard Jarvis as a new partner. Questions had also
arisen as to the rights of the several partners in the lands granted
in 1765 to James Simonds, James White and Richard Simonds. In order to
settle these questions a new business contract was signed at
Newburyport, on the 16th April, 1767, by James Simonds, Leonard Jarvis
and William Hazen. The original contract is yet in existence amongst
the papers of the Hazen family. It is in the handwriting of Leonard
Jarvis and is a well worn document which bears marks of having been
repeatedly handled. This is not to be wondered at for this contract
proved a veritable storm-centre in the litigation that ensued relative
to the division of the lands between the partners. The legal
proceedings assumed various phases and occupied the attention of the
courts for a period of twenty years.[87]
[87] The second contract, or Articles of Partnership, entered into by
William Hazen, Leonard Jarvis, James Simonds and James White
is printed in Collections of the N. B. Hist. Soc., Vol. I. p.
191. It is entered also in the book of records of the old
County of Sunbury. The original document bears the following
certificate, "Registered by me March 9th, 1782, Ja. Simonds,
Dep'y Reg'r."
Under the new contract Hazen and Jarvis were to have a half interest
in the business, James Simonds one-third and James White one-sixth,
and all the lands on the River St. John that had been granted to any
or either of the partners (Mr. Simonds' lot in Maugerville excepted)
were to be put into the common stock and divided in the following
proportions, namely, one-half to Hazen and Jarvis, one-third to
Simonds and one-sixth to White. The same division was to be made of
any lands that should thereafter be obtained by the members of the
company, either individually or collectively, during the continuance
of the partnership.
Mr. Simonds sailed from St. John for Newburyport in the schooner
Eunice on the 4th March, 1767, but owing to head winds he was twenty
days in arriving at his destination. He submitted to Hazen and Jarvis
the accounts of the business at St. John for the three years of the
company's operations and then repaired to Haverhill, about
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