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ceased (as mentioned in a petition signed by the said Hinks, and this day read at the board, as on file), shall be delivered by the said Hinks unto the children of the said Edward Polly, in case and upon condition they repay unto the sd Hinks forty one pounds sixteen shillings and ten pence; the sa Hinks having paid so much to the wife of the sd Edward Polly in part purchase of the said piece of land. But if the sd Polley's children refuse to pay the aforesa sum to the aforesd Hinks, then the said Hinks shall pay to the children of the said Polly thirteen pouds three shillings and two pence more than what has been already paid to their mother, and the p’mises shall be to the said Hinks and his heirs forever. April 28, 1720.
Richard Waldron, Cler. Con. Read twice in the House of representatives and concurred. April 29th, 1720.
Henry Sherburn, Cler. Assem. A message to the board by Messrs. Demet and Dam, with two votes of Council concurred with in the house, which are as follows: [P. 149.]
In Council. Voted, That Samuel Penhallow and Mark Hunking, Esqs., be of a committee from the board to joyn such as shall be chosen by the house of representatives to examin what will be proper for the town of Kingston to be charged in the province tax in proportion to the other towns, and report it to the General Assembly at their next sessions.
Rich? Waldron, Cler. Con. April 29th, 1720.
Read in the House of representatives and concurred, April 29th, 1720.
Henry Sherburn, Cler. Assem. Voted, That Maj- John Gillman and Capt. Henry Sherburn be a committee from this Ilouse to joyn the gentlemen of the upper house for ye end abovsaid.
Henry Sherburn, Cler. Assem.
In Council. Voted, That Richard Wibird and Thomas Packer, Esq., be of a Committee from this board to joyn with such as shall be chosen by the house of represents to examine what will be proper for the Isles of Shoales to be charged in the Province tax, and report it to the General Assembly at their next sessions.
Richard Waldron, Cler. Con. April 29th, 1720. Read and concurred with.
Henry Sherburn, Cler. Assem.
[P. 150.] A message to the board by Jotham Odiorne, Esq., and four other members of the house, wth a vote for presenting the Gov' with £100, which was concurred with, and is as follows:
Voted, That his Excellency be presented with one hundred pounds, and that the same be paid out of the Treasury.
Henry Sherburn, Cler. Assem. April 20th, 1720.
In Council. Concurred.
Rich! Waldron, Cler. Con. The Petition of James Gregg and Robert Wear in behalf of a company of people lately come from Ireland, and now at a place called Nuttfield, praying for a township, &c., which was p’ferred in Septembr last, and then read & suspended, was now again read at the board, & thereupon, it was
In Council Resolved, That Mr. James McKeen, a resident at Nutfield aforesaid, be commissionated a justice of the peace within this Province; and a commission was forthwith made out, signed & delivered to the said MacKeen accordingly; who took all the oaths required by law in that case, at the same time.
It was further ordered, That a warrant constituting and making a constable at said Nutfield, be likewise made out and signed, which was done accordingly.
A message to the House by Mark IIunking and Thomas Packer, Esq., to propose the appointing an agent at home.
Adjorned till tomorrow, 9 o'clock, A. M.
[P. 151.] Pro: N. Hamp".
At a Gen' Assem. held at Portsmo
by adjornm April 30th, 1720.
Present in Coun.,
, Thos Packer, Esq. A message to the board by Capt. Jno. Gillman with a vote of the House which was concurred with in Council, and is as follows:
Voted, That Nicholas Meed be confined in close prison, and there well secured, untill he gett some persons to be bound with
Shad. Walica; } Esqs.
good security to pay forty pounds a year till the whole debt be paid to said Province.
Henry Sherburn, Cler. Assem. April 30th, 1720.
In Council. Voted concurrence.
Rich Waldron, Cler. Con. A paper directed to his Hon' the Lt. Gov' subscribed by Jotham Odiorne, relating to a complaint agst him for speaking direspectfully of the Governm, read at ye board and ordered to be filed.
A message from the Govt to the House by Capt. Wibird directing their attenda at the board upon a conference concerning the appointment of an agent at home: The Speaker and house attended accordingly, and the matter being fully discoursed withdrew to their own apartment.
[P. 152.] A petition of Wm. Stiles & Compo, relating to an appeal pending between them, Appel's, and Richid Waldron, Esq., Appellee, read at ye board and sent down.
A message to the House by Capt. Gillman with a vote from ye House which was concurred with, & is as follows:
Voted, That Agency be impowered to solicit the Province interest at home, relating to the lines between this Prov: & the Massa, &c., and that a Committee be chosen of both houses to draw up instructions for said agent, and that one hundred pounds be given out of the treasury of this province for his encouragm.
Henry Sherburn, Cler. Assem.
In Coun: April 30th, 1720. Concurred.
Richard Waldron, Cler. Con. A message to the board by Mr. Dam, with a vote from the house which was concurred wth and is as follows:
Voted, Whereas there is a committee chosen of both houses to proportion Kingston and Gosport, alias Isles of Shoales, what they shall pay to the Province tax, and that the same Committee shall see what alterations are made in any town or parish by reason of the new lines now settled, that where any persons are taken of from any town and added to any other town, that so much as they paid in said Province tax, shall be taken of from that town's proportion, and added to that town where the new belong; and that the Assem. shall proportion that mony that is to be raised in Kingston and Gosport, alias Isles of Shoals, on the several towns in said Province. April 30, 1720.
Henry Sherburn, Cler. Assem:
[P. 153.] April 30th, 1720. In Coun: Read & concurred.
Richa Waldron, Cler. Con. The petition of Capt. Timothy Gerrish, Capt. Paul Gerrish and Mr. Thom* Hanson, praying the Trees which they had gotten for the King, and were lately seized by the surveyor-general, might be discharged, or that ye said surveyor might be quickened in prosecuting his seizure, that the trees might not be suffered to be destroyed by worms or rot on the ground, was read at the board, as on file.
A message to ye House by Sam' Penhallow, Esq., with a vote of Council appointing Henry Newman, Esq., agent for this Province.
A message to the board by Peter Wear, Esq., with the two following votes:
In Coun: Voted, That Henry Newman, Esq., be the agent for this Province, and that Sam' Penhallow, Mark Hunking and George Jaffrey, Esqs., be of a Committee from the board, to joyn with such as may be chosen by the house of representatives, to draw up instructions (1) to the said Henry Newman, Esq., accordingly. April 30th, 1720.
Richard Waldron, Cler. Con.
In the House of Represents. Read & concurred with all.
Henry Sherburn, Cler. Assem.
(1)[Letter of Instructions to Henry Newman, Esq., copied from Journal of the House.]
Portsmo, N. Hampr.,
N. Engld., July 22, 1720. Mr. Henry Newman:
Sir:- The affairs of this Government frequently requiring the solicitations of some Persons att Court, our General Assembly in May last made choice of you to be their Agent for that end; and as an earnest of their respects & for your Encouragement, did then yote you one hundred pounds this money, which presume his Excellency Governour Shute has heretofore advised you of; as alsoe the Lt. Governour.
Sr. There has been a long dispute between this & the Massachusetts Government about the Dividing line, and several commissioners have sundry times been appointed by both to settle itt; butt hitherto could never be effected by them; which proves injurious to many persons thatt inhabitt on or near ye Line, who have been obliged to pay taxes to both Governments; wherefore, that itt may be finally ended, and these greivances redressed, since the Government here can't doe it themselves, that matter is now to be submitted to his Majesty in Council or Lords Commissioners of trade and Plantations; and in order thereto, you have herewith a Commission from this Government, TO IMPOWER you our Agent, and accordingly you are desired to lay ye affair before them as may be proper, so soon as conveniently may be, and that there may be a right apprehension of ye matter, you have herewith a Japp or Draught, which you may Depend is very exact & correct.
Voted, That Mr. Speaker, Maj. Jno. Gillman & Henry Sherburn be of ye coinmittee from this House to joyn ye committee abovesaid.
Henry Sherburn, Cler. Assem.
The extent of this Prov: is all the land between ye Massachusetts and Prov: of Main; our south bounds is three miles North from ye mouth of Merrimack River, att the Atlantick Ocean or Western sea, and from thence a West line into the Main so far as the Massachusetts extends. Our North line or Bound is Piscataqua River, untill itt come to ye heal of Newichanack river, and from thence a very few degrees Westward of ye North, up into ye Main Land, as on ye Southern line, which bounds are prickt out on ye Mapp; and we conceive agreeable to ye Royall Charter granted to Massachusetts, butt the commissioners of that Government have always insisted on other Lines, as are also markell out on ye Draught, which if granted to them, would render this Prov: a very little one indeed.
Whereas his Majesty has lately Prohibited any imposition of Impost or powdermoney on the Merchants' ships trading here, belonging to Great Brittain, which formerly supplyed the usual expence of our Castle, and the stock being now very low, you are desired to lay that matter before ye proper board, in order to obtain ye Royall bounty therein, and you are to be vigilent in diligently enquiring into all complts. that may [bo] made agst. this present Government, and in persuing every thing thatt may be promoted for ye generall bennifitt of this Plantation : Espetially, that the Lumber from hence may be imported into Great Brittain free of Duty, and the Bounty continued in Navall Stores, that the forging of Iron here may not be obstructed, but encouragement may be granted for raising hemp and Flax, which if pursued, this country might in a little time furnish the Crown with a considerable supply; that the surveyor Generl. of ye Woods inay be directed to preserve ye Mast trees after a better manner, and nott sufered to obstruct his Majestie's subjects from getting such Timber from thence as is nott, nor never will be, fitt for the service of ye Crown, - of which there are multitudes of trees that are rotting on ye Ground, that might make good Lumber, fitt for ye London or West India Marketts, by ye latch [?] of which a considerable Revenue ariseth to the Crown.
We desire you will acquaint us from time to time of your proceedings in ye premises; and salute you with greatt Respects as a Committee of this Government, and are, Sir, your very
[Not signed.) (From MS. correspondence, Secy's Office.]
July 20, 1720. Sir, - It's probable that long ere now ye have heard the debate that has hap'ned between this and the Massachuset Province, abt. the Dividing line; and having had 80 large Experience of your favour in serving us, doe think it incumbent of making all suitable returns of dutyes and gratitude, and should still esteem you the most suitablo person of making our application to, were it not that you are so immediately interested in the other Province: Wherefore, wee thought meet to acquaint you, that wee have now writt Mr. Newman, to solicite our affair, and to lay a representation thereof, before the Lorils of Trade, &c.
Our Lt. Govr. Very beartily salutes you, and so doe all our Gentn; more particularly, Sir, &c.
Yor most humble
and most obdt. Servts., Joshua Peirce,
Henry Sherburn, Geo. Jaffreys. JER: DUMMER, Esq.