bly in May next, and then to answer for signing a paper containing scandalous reflections on the Government, paying fees, and that they stand committed till sentence is complyed with.

Rich Waldron, Cler. Con. The said George Walker, Eph Jackson, and Cha: Banfield recognized according to order each for himself severally & joyntly for one another as suretys.

At a General Assembly held at Portsmouth, by prorogation, April 18th, 1721.

A message to the House (1) by the Clerk of the Council to re

(1) [From Journal of the House.]

18 of April, 1721. The house met according to prorogation.

Votd, Yt Capt. Eph: Dennet be Clark of this house til farther order.

quire their attendance at the board, the Speaker and house came accordingly, and his Excellency was pleased to make the following Speech:

Gent:-Being informed by the Governour of Nova Scotia, that contrary to the Treaty of Nutrality stipulated between the two Crowns of Great Brittain and France, there has been an illegal trade for many years carryed on betwixt his Majestys subjects of New England and the French settlements near Cape Briton, and also, if we had not sent them necessary supplys they could not have continued in those parts: I am therefore of the opinion that it will be for the honour and service of his Majesty's Government to make an Act to prevent any such illegal trade for ye future.

The wicked practice of counterfeiting the Prov: bills prevailing very much amongst us, I must recommend it to you as the most effectual way to putt a stop to it for time to come, to make it felony, by a law which I hope will have the desired effect.

Gent. It you have any thing else to propose that may be of service to the Province, I shall be ready to give it due consideration.

[P. 175.] The Speaker prayed a copy of his Excellency's speech, & then he and the house withdrew to their own chamb2; and thereupon his Excellency directed the Clerk to transcribe his speech and serve the house wth a copy thereof immediately, which was done accordingly.

A message to the board by Capt. Gillman, with a vote for a Committee of Auditt, which was concurred with and is as follows: Voted, That Col. Wear, Majr Gillman & Capt. Odiorne, be a Committee from this house to joyn with such as shall be chosen in the upper house for this year, to auditt the publick accounts of this province, and that they make return thereof to this house. Epha Dennet, Cler. Assem. In Coun:

Eodem die. Concurred and Voted, that Col. Hunking, Geo. Jaffrey and Rich Wibird, Esqs., be of the Committee from the board to joyn in the affair above mentioned.

Rich Waldron, Cler. Con.

Adjourned till tomorrow, 9 o'clock a. M.

Pro: N. Hamp".

At a General Assembly held at Portsm by adjornm April 19, 1721.

Present in Coun:

His Excellency Samuel Shute, Esq., Gov',
His Hon' John Wentworth, Esq., Lt. Gov",

A message to the board by Capt. Greenough, wth the following: [P. 176.] The house being informed by a letter or memorial from Mr. Recorder Penhallow, That there are several files in his office promiscuously bound up that belong to other offices, and also many papers of publick and personal concern in the hands of Madam Story, and some Entrys of Deeds, &c., in the Register's office; upon which we are of opinion, that it is necessary for the Gen' Assem: to appoint a Committee to examin into these affairs, and to dispose of all papers into their proper offices:

Voted, That Mr. Speaker Peirce and Jotham Odiorne, Esq., be of the Committee from this house to joyn such as may be chosen of ye ends abovesaid.

Eph Dennet, Cler. Assem.

19 April, 1721. Read three times and sent up for concurrence.

In Coun:

Eodem die. Read and concurred, and voted, That Thomas Westbrook & Thoms Packer, Esqs., be of the Committee from the board for the service above.

Rich Waldron, Cler. Con.

Adjorned till 3 o'clock P. M.

Pro: N. Hamp'. Mett again according to adjornment.
Present as Before.

The petition of the Inhabitants of Nutfield, preferred by Mr. McGregore, (1) praying to have some bills of creditt lent them without interest, &c., was read at the board, as on file.

A message to the board by Mr. John Dam, wth the following vote:

Whereas the Act for the Encouragement of sowing and curing hemp being near expired:

(1)Probably Rev. James McGregore, who was the first minister of the settlers of Nutfield. He arrived in Boston with about one hundred families from the North of Ireland, Oct 14, 1718. Mr. McGregore preached a short time after his arrival at Dracut; but as soon as the settlement was made at Nutfield, he was called to be their minister. "He was a wise, affectionate and faithful guide to his people both in civil and religious concerns." He died March 5, 1729, aged fifty-two years.-Allen's Biog. Dic.

[P. 177.] Voted, That The said act be revived and continued three years after the determination of said Act (1).

Epha Dennet, Cler. Assem.

In Coun:

April 19th, 1721. Concurred.

Richard Waldron, Cler. Coun.

Adjorned to Fryday next, 10 o'clock a. M.

Pro: N. Hamp❜.

At a General Assem. held at Portsmouth by adjornment, April 21st, 1721. Present in Coun:

His Excellency Sam' Shute, Esq., Gov',

His Hon' John Wentworth, Esq., Lt. Gov',

A petition signed by about one hundred p'sons was preferred to this board by Messrs. Ezekiel Walker, John Calf and Elisha Story, praying for liberty and encouragement to settle a town on a certain tract of land northwestward from Exeter, lying partly between Cheshire and New Portsmouth, and partly above New Portsmouth adjoining to Cheshire line, containing the quantity of ten miles square, upon such conditions as in said petitions, on file, is contained; whereupon it is

In Coun:

Ordered, That the petitioners have liberty to build & settle upon the said tract of land, upon the conditions in said petition

(1) [From Journal of the House.]

April 19, 1721. Whereas there is a Law obliging every town within this Province, consisting of one hundred families, to be provided with a Graminer School, and there being so much time given in the Law as six months before ye Penalty of the Law takes effect from year to year causes a great neglect, which is much to the damage of every such Town:

Voted, That each Town and Parish within this Province, consisting of one hundred families, be constantly provided with a good Grammer School; and the selectmen of each town for ye time being to be obliged to procure and provide sd schools, and in case of their neglect for ye space of one month after ye publication hereof, shall forfeit and pay ye sum of twenty pounds, to be applyed to defray ye Prov: charge.

21 April.

Eph. Dennet, Clark.

Voted, That Major Gillman and Cap: Odiorn be a Committee from this house to joyn with Saml. Penhallow and Tho. Westbrook, Esqs., of ye Upper house, to draw up the above sd Act relating to the Scholl.

mentioned, provided it no way infringe on or interfere with any former grants, possessions or propertys.

Richard Waldron, Cler. Con.

Robert Armstrong, Esq., Dept. Surveyor, being sent for appeared at the board, of whom his Excellency demanded an account of the strey and wast of the pine Timber which is reported to have been lately committed in the King's woods, and directed [P. 178.] him forthwith strictly to examin that matter, that the truth thereof may appear upon oath.

In Coun: as Supream Probate.

Sam' Penhallow, Esq., in the capacity of Adm' on the Estate of John Cutt of Portsmo deceased, made a motion at the board, That Eliza Brian, the widow of the deceased, was administratrix with him, and refused to act with him as such, whereby the settlement of the Intestate's Estate was retarded: upon which it is

Ordered, That the said Eliza Brian be cited to appear at the board on Monday next, at 10 o'clock A. M., to show cause why she does not proceed in the administration aforesaid; and upon her refusal to appear, that another adm' be appointed in her room.

Rich Waldron, Cler. Con.

A Petition directed to the General Assem: syned by James Jeffrey, by ord' of the selectmen, Attorney for the town of Portsmouth, praying for a re-hearing of a case about a highway (1) laid out through Mrs. Jose's land, read at this board, and ordered, That it be heard and considered tomorrow, at 10 o'clock A. M., and that other partys be notifyed to attend accordingly.

Rich Waldron, Cler. Con.

A petition signed Thomas Phipps, praying for an ord' to revive a case between Thom Palmer, Esq., and Capt. Eben Wentworth, read at the board and sent down by the Clerk, with a vote of Council in relation thereto.

Adjorned till 3 o'clock, P. M.

(1) [From the Journal of the House.]

April 22. Whereas it appears to this house that it is highly necessary that there be one or more Genl officers chosen for surveying land within this province:

Voted, That his Excellency & ye Honble Board be desired to joyn with ye Representatives, in choosing a committee of both houses to forme a bill for regulating ye affaire:

& That the Highways in ye several towns wthin this Province may be repaired by labor under ye direction of surveyors, as formerly.

Voted, that an Act be made against Cards an Dice, and all other gaming in any Publick house within this Province, or any of the dependencys thereof.

Eph, Dennet, Cler. Assm.