Sam' Penhallow laid before the board a bill entituled an Act for better regulating high wayes, which was read and past to be engrost, and sent down to the house for concurrence by the Clerk; and by the same, the bill against riotous assemblys, which past at ye board yesterday. A message of the board to the House by the clerk with a vote for calling in all the fifteen shilling & fifteen penny bills. Ordered, That Capt. Wibird be an adm' on the estate of John Cutt, deceased, to joyn with Samuel Penhallow, Esq., & Eliza Brian, the adm's already appointed for that Estate, and upon refusal of either of the partys to act, what the other two do, to be valid in law. A message to the board by Mr. Dennet, wth the vote of Coun: for calling in ye fifteen shilling & fifteen penny bills, praying the said vote might be und' consideration till the next sessions. A message to the house by Sam' Penhallow, Esq., with a vote for stopping a process brought by Capt. Henry Sherburn agst him, the said Penhallow, in the capacity of adm' on the estate of John Cutt, deceased, which vote was brought back to the board by the said Samuel Penhallow, Esq., concurred wth in the house, & is as follows: In Coun: Voted, That the case depending between Capt. Henry Sherburn, plant and Sam' Penhallow, Esq., in the capacity of Adm on ye Estate of John Cutt, deceased, defend', which case is continued to the Inferiour Court in June next, be dismist at the said Court, and that the plant may begin De novo, [P. 185.] for that Capt. Wibird is added by the Supream Probate, as an adm' on the aforesaid intestate's Estate. April 25th, 1711. Rich Waldron, Cler. Con. In the House of Represents. Voted a concurrence. Epha Dennet, Cler. Assem. Sam' Penhallow, Esq., brought to the board the bill agst riotous & tumultuous Assem: which he informed he brought from the house, and that it was past there to be engrost. A message from the board by Geo: Jaffrey, Esq., to the house, Voted, That if any Horss or Horss kind be found at any time going at large without a sufficient pair of fetters, that they shall be pounded, and that the owner shall pay ye penalty of the Law, provided in ye former act. Maj. Gillman & Capt. Odiorne be a Committee from this House to join with such as shall be chosen in the upper house for that end. with a vote for a committee to make tale of the money to be burnt this year. Adjorned till 3 o'clock, afternoon. Pro: N. Hamp'. Mett according to adjornment. Present as Before, also Thom Packer, Esq. The petition of Jonathan Wiggin preferred by Capt. Phipps, praying for the privilege of the ferry, &c., on ye south side of Exeter river agst Capt. Hilton's, read at ye board, and ordered that the hearing and consideration of said petition be suspended till the next session of General Assembly, and that in the mean time the said Wiggin serve Rich Hilton, Esq., with a copy of the said petition and this order. Rich Waldron, Cler. Con. Sam' Penhallow and Thoms Westbrook, Esqs., from ye Committee, laid before the board two bills, entituled an Act for the preventing of Gaming in publick houses, and an Act in addition to the Act for ye settlement and support of Grammar Schools, which were read at ye board and past to be engrost, and sent down to the house by the clerk for concurrence. [P. 186.] A message to the board by Mr. Tibbitts wth a vote of the Coun: for removing the powd house at Portsmo to ye Castle at New Castle, from undr ye care of Mr. Penhallow; wch vote was returned to the house by the clerk, who informed them that there was no powd' undr ye care of Mr. Penhallow, but that all the powd belonging to the province was in ye custody of ye Lt. Gov as Capt. of ye Castle. A message to the board by Capt. Odiorne, Maj. Gillman and Capt. Tibbetts, with the two bills sent down this afternoon, past to be engrost: and by them the two following votes: In Coun: Voted, That Mark Hunking and Shad. Walton, Esq., be of a committee from the board to joyn wth such as may be chosen by the house to make tale of the money which is to be paid in by the Grand Committee this year to be burnt (1). April 25th, 1721. Rich Waldron, Cler. Coun. (1) Memorandum. That one thousand pound be of this payd in to the Treasury this present year. Journ. of the House, Apr. 25th. In the House of Represents. Read and concurred. Epha Dennet, Cler. Assem. Voted, That Mr. Speaker Peirce, Capt. Odiorne and Mr. Dennet be a committee from this house to joyn those chosen in the upper house for ye end abovesaid. Epha Dennet, Cler Assem. Voted, That his Excellency be presented with one hundred pounds to be paid out of the Treasury of this province in bills of creditt. April 25th, 1721. Eodem die, concurred. Epha Dennet, Cler. Assem. In Coun: [P. 187.] The Gov' directed the Clerk of ye Council to require y attend of ye house of represents at ye Council board. The Speaker and house came accordingly, and the several bills hereafter mentioned being passed in both houses and Ingrost, were executed and enacted by signing and reading in presence of the whole Assembly, namely: 1. An Act agst carrying on an illegal trade with the French at Cape Breton, alias Louisburg, near the Gulf of St. Lawrence in America. 2. An additional Act to an Act for punishing criminal offenders, and for the further preventing tumults & riotous Assemblys. 3. An Act in addition to an Act for the settlem & support of Grammar Schools. 4. An Act to prevent Gaming in publick houses. 5. An Act in addition to an Act to prevent damages by horses.. 6. An act for the better regulating high ways. After signing and sealing the foregoing Acts, his Excellency was pleased to make the following speech to the Gen' Assembly: Gent: The affairs of the Province of the Mass bay requiring my presence, I find that you will not have time enough to finish ye affairs you proposed to be done at our present meeting; shall, therefore, quickly give you another opportunity to compleat them, and hope at yo' next meeting you will think of ordering some mony to go on with the repairs of Castle William and [P. 188.] Mary. Gent:-I return you thanks for what you have given me towards my support, and wish you well home. Then the Clerk, by ord' of his Excellency, till the 15th day of May next. Pro: N. Hamp'. At a Gen' Assem. held at Portsm° by adjornm, May 16, 1721. Present in Councill, The Honble John Wentworth, Esq., Lt. Gov, The house of representatives (1) was directed to give their attende at yo Council board by order of his Hon' the Lieut. Gov', who came accordingly, and to whom he made the following speech: Gentlemen: -Gov Shute's affairs of his other Government oblidged him to leave us before the business of this Province was finished, which occasions my now seeing you; & I doubt not but you are mett with dispositions for passing through the necessary business of the Government, for the effecting of which my best endeavours shall not be wanting; and I shall promote every thing that may tend to his Majesty's Interest, and the wellfare of this Government. I recommend to your consideration ye state of his Majesty's fort, William & Mary; and your care must be not only to raise mony for the repairing that fortification, but also for the putting it into a better posture of defence. You well know that every wise goverment prepares for war in a time of peace: I am very sensible that ye circumstances of our present affairs [P. 189.] will not admitt of great things; yet we may do something annually, so that in a few years we may have a very defensible fortification. I hope what little was done towards it last year will be to your satisfaction, and you may depend what mony shall be raised hereafter for that service shall be faithfully applyed. It has been the laudible character of this Government, and what has been our practice once a year, or oftener, to Address our prince on the Throne. I know his Excellency intended to have moved it when here, but going away in a hurry, I suppose it slipt his memory, so that I think it a proper season now to show our dutifull obedience to his Majesty King George, whom God has long continued to the British nation. You will also have an opportunity to show your respect to his Excellency our Governor, thankfully acknowledging his Majesty's favour in continuing a Governor to us so just to his Majesty's Interest, and willing to (1) [From the Journal of the House.] 15 May, 1721. The house met according to prorogation. 16 May. Voted, That Cap. Greenough be Clark of this house till further order. promote the best interest of this people. I am of the opinion that the keeping our port open is a disadvantage to the Government, so hope you will take it und' consideration. Adjorn to to-morrow, 10 o'clock, A. M. J. WENTWORTH. Pro: N. Hamp'. At a General Assembly held at Portsmouth by adjournm May 17th, 1721. Present in Coun: His Honour Jno. Wentworth, Esq., Lt. Gov', The Committee appointed to receive the mony of the Committee for the fifteen thousand pounds, Reported that they had received eight hundred & ten pounds, ten shillings and nine pence, which was burnt to ashes in presence of the General Assembly. Adjorned till 3 o'clock, P. M. [P. 190.] Pro. N. Hamp'. Mett again according to adjornment. Present as Before. Adjorned till tomorrow. Pro: N. Hamp'. At a General Assembly held at Portsm by adjornm May 18th, 1721. Present in Coun: As Before, namely, His Hon' John Wentworth, Esq., Lt. Gov', A message to the board by Capt. Tibbitts and Mr. Dennet, wth the following vote: Voted, That a Committee be appointed to consider the expediency of Emitting a further sum of bills of creditt of this province, and on what foundation, and make report accordingly. The persons chosen for the aforesaid, are Capt. Sherburn, Maj. Gillman and Capt. Peirce, to joyn such as may be chosen by the board. Daniel Greenough, Cler. Assem. 18th May, 1721. |