[P. 179.] Pro: N. Hamp". Mett again according to adjornm'. Present as Before.

A message to the board by Capt. Tibbits, with a vote for a Committee to prepare a bill against any Illegal trade with Cape Briton, which was concurred with, and a Committee from the board appointed and sent down for concurrence.

The petition of John Knight, Moses Dam and Richard Downing, selectmen of Newington, directed to the Gen' Assem: and preferred by Mr. Jno. Dam, praying for a dividing line between Portsmouth and said Newington, was read at the board.

The petition of William Wallis, Rich Jennis, and others, directed to the Gen1 Assem: praying for a Parish by metes and bounds, as therein exprest, namely, part of Portsm°, part of New Castle, and part of Hampton, was read at the board, as on file.

A message to the board by Capt. Greenough, with the following

Votes:

Voted, That an Act be past to prevent the Illegal trade with Cape Briton, and that a Committee be chosen to draw a bill accordingly.

Eodem die.

Epha Dennet, Cler. Assem.

In Coun:

Concurred, and voted, That Geo. Jaffrey and Thomas Packer, Esqs., be of the Committee to joyn such as may be chosen by the house, to prepare the said bill.

Rich Waldron, Cler. Con.

In the house of Represents.

Voted, That Capt. Wiggin and Mr. Dam be a Committee to joyn with a Committee in the upper house to draw a bill relating to ye trade at Briton.

Epha Dennet, Cler. Assem.

Adjorned till tomorrow, 9 o'clock, A. M.

[P. 180.] Pro: N. Hamp'.

At a Gen' Assembly held at Portsmouth by adjournm', April 224, 1721. Present in Coun:

His Excellency Samuel Shute, Esq., Gov',

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

A message to the board by Sam' Easman, Esq., and Mr. John

Dam with ye votes of the house for preparing several bills, namely against gaming in publick houses, An addition to the Act. about Grammar Schools, and concerning surveyors of highways: which were read and concurred with, and sent down to the house, pr Sam' Penhallow, Esq.

Mr. Justice Moody & Rich Yeaton, a selectman of Gospert, being summoned, appeared at the board, to show cause why the Treasurer's precept requiring an assessment on the Inhabitants of said Gospert has not hitherto been complyed with; and the s Yeaton presented a petition, signed by himself, in behalf of the Inhabitants of the said Town, containing several reasons for their neglect as before mentioned, and praying to be excused paying any Prov: tax at present, for the reasons therein exprest, as on file;-which being fully heard, it was considered by his Excellency and the honourable board, and Resolved, That the former ord of Gen Assem: be strictly attended, and that the selectmen and assess of Gospert forthwith comply with the Treasurer's precept aforesaid, which they already have, and pay the sum therein mentioned by the tenth of June next; and so from time to time as they shall receive any other, and that the Selectmen pay thirty shills to the office-being the charge of serving yo summon.

Rich Waldron, Cler. Con.

[P. 181.] The Selectmen of Portsmouth appeared at the Coun: board to prosecute their petition about Mrs. Jose's highway, preferred yesterday, and Mr. Pray (1) appeared to answer, and the argument on each side being fully heard, It is

Ordered, That the surveyors of highways to be chosen for the town of Portsmouth for ye present year, survey the highway mentioned in said petition, and report to the Gov and Council at the sessions of Gen' Assembly in Autumn next how much land is contained in said way, and what the worth of said land is. Richard Waldron, Cler. Con.

A message to the board by Capt. Tibbitts & Capt. Gillman, with two votes, one for striking & Issuing twenty thousand pounds bills of creditt, which was read and non concurred — nemine contradicente· and returned to the house by the Clerk of

ye Council.

(1) John Pray seems to have been a lawyer of Portsmouth. In 1727, "an Inventory of the Polls and Estates of the Town of Portsmouth, was taken by Messrs. Stephen Greenleaf and John Pray, according to an order of Government."

-Brewster's Rambles about Portsmouth, p. 157.

The other a vote for recalling y' souldery from the Eastwd wch was concurred with and is as follows:

Voted, That the souldiers at the Eastward be brought home, and if there be occasion that they be improved in the frontiers of our own Province.

April 224 1721. Concurred.

Epha Dennet, Clr. Assem.

In Coun:

Rich Waldron, Cler. Con.

A message to the house by Sam' Penhallow, Esq., with a vote of the board for preparing a bill against riotous & tumultuous (1) Assemblys &c.

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

[P. 181.] Pro: N. Hamp'.

At a Gen' Assem. held at Portsm by adjornm, April 24th 1721.

His Excellency Samuel Shute, Esq., Gov',

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

Geo. Jaffrey, Esq., from the Committee appointed to prepare a bill agst an illegal trade with Cape Breton, laid the said bill before the board, which had a first, second and third reading, and past to be ingrost, and voted to be sent down for concurrence by the Clerk.

The petition of John Sherburn, praying a Committee may be appointed to lay out some lands for him at New Castle, read at ye board.

The petition of John Knight, Moses Dam and Rich Downing, read the 21st inst., again read at the board.

Eliza Brian, Administr upon the Estate of John Cutt, deceased, being summoned, appeared at the board to show cause why she neglected to proceed in the administration with Sam' Penhallow, Esq., as admt wth her on the said Estate: upon hearing what she offered, it was Resolved,

April 22, 1721.

(1) [From Journal of the house.]

Voted, That an addition be made unto ye Act of Criminal offenders, to prevent Riots for the better preserving of the Peace within this Province.

In Coun: as ye Supream Probate,

That a third person be joyned with the said Sam' Penhallow, Esq., & Eliza Brian, as adm's on the Estate aforesaid, and that the said Eliz Brian should have liberty to nominate the said third person, provided she did by 3 o'clock afternoon.

Rich Waldron, Cler. Con.

A message to the house by ye Cler. of ye Coun: with a vote for a Committee to prepare a bill limitting and ascertaining the price of Species for the next year, to be paid into ye treasury, which bill to be laid before the Gen' Assem. next Autumn session.

[P. 182.] A message to the board by Col. Davis wth the bill agst an illegal trade with Cape Breton, concurred with in the house, and voted to be engrost.

A message to the house by the Clerk of ye Council with the petition of John Sherburn this day read at the board. Adjourned till 3 o'clock P. M.

Pro: N. Hamp❜.

Mett according to adjournment.

Present as Before.

Ordered, that the Capt. of the Castle stop all vessels from Europe and the West Indies, that Inquiry may be made whether there be any infectious diseases on board, &c.

Rich Waldron, Cler. Con.

A message to the board by Capt. Tibbets and Mr. Dam, with the petition of John Sherburn sent down in the morning, and a vote thereon, namely, granting the prayer thereof: — which petition and vote are ordered to lye under consideration till next Autumn session.

A bill Entituled an additional Act to an Act for punishing criminal offenders, and for the further preventing tumults and riotous assem: laid before the board by Samuel Penhallow, Esq., read and past to be engrost.

A message to the board by Capt. Tibbetts & Mr. Dam, with the petition of Joseph Chesley, praying for an allowance out of the treasury, in consideration of his being wounded by John Davis, with a vote for granting the petitioner twenty pounds, which vote was non-concurred with & sent down to the house of Geo: Jaffry, Esq., by whom the petition was also returned.

[P. 183.] A message to the house by Thoms Westbrook, Esq..

with a vote for cutting a road from Cochecho to Winnipistioky pond.

Ordered, that the Postmaster be allowed three pounds out of the treasury for the service of the last year.

Adjourned till tomorrow,

half an hour after 8 o'clock, morning.

Pro: N. Hamp❜.

At a General Assem: held at Portsmouth by adjournm April 25th, 1721.

Present in Coun:

His Excellency Samuel Shute, Esq., Gov',

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

A message to the board by Capt. Daniel Greenough, with the petition of Thomas Phipps, Esq., in behalf of Thomas Palmer, Esq., and vote thereon. The petition on file, and the vote as follows:

In Coun:

Voted, That the case formerly commenced by Thomas Palmer, Esq., versus Capt. Eben' Wentworth, which was stopped by the not sitting of the Court of Appeals in Novem' last, be revived and heard by the said court of Appeals, upon the first Wednesday of the session of the General Assem: in Autumn next; and that each party have twenty days' notice before the day of the Court's sitting.

April 21st, 1721.

Ricd Waldron, Cler. Con. In the house of Represents. Read and voted a concurrence. 24th April, 1721.

Epha Dennet, Cler. Assem.

[P. 184.] A message to the board by Capt. Greenough with a vote for granting John Hinks, Esq., fifteen pounds out of the treasury, which was read and non-concurred wth, and sent down to the house by the clerk of the Coun:

A message to the board by Capt. Tibbits with a bill entituled an act in addition to an act to prevent damage by horses, past to be engrost (1).

(1) [From Journal of the House.]

Whereas there is a Law in this Province which oblidgeth all horses and Hors kind to be kept in fetters from ye last of March to ye last of octo'r, which giveth a liberty of five months for those horses to trape over fences and tread and spoil our meadows, much to ye Damage of many people: