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In Coun: Read and ordered, That Mark Hunking, Geo: Jaffrey & Richard Wibird, Esqs., joyn wth the above Gentlemen as a Committee from this board.

Sam' Penhallow, Cler. Con. pro temp. A message to the board by Maj. Gillman, with the following vote:

In the house of Represents. Voted, That Col. Walton be returned thanks for his good service done this province at the Eastward, & that he be presented with ten pounds to be paid out of the publick treasury. May 18th, 1721.

Dan' Greenough, Cler. Assem.

In Coun: Concurred.

Sam' Penhallow, Cler. Con. pro temp. Adjorned till tomorrow.

[P. 191.] Pro: N. Hamp".

At a Gen' Assem. held at Portsmo by

adjornm, May 19th, 1721.

Present in Coun:
His Hon' John Wentworth, Esq., Lt. Gov",
Sam' Penhallow,

Shad. Walton,
Mark Hunking, Esqs.

Rich Wibird, Esqs.
Geo. Jaffrey,

Thos Packer, A message to the board by Jotham Odiorne, Esq., with the following vote:

In the House of Represents. Voted, That a Committee be chosen (viz.), Capt. Odiorne, to survey the stores of powder belonging to his Majesty's Fort Wil. liam and Mary, and to see the same delivered into the powderhouse within the said Fort, under the care of the Capt. for the time being, and that there be a report made to this house of the

same.

19th May, 1721.

Daniel Greenough, Cler. Assem. Eodem die.

In Coun: Voted a Concurrence, and that George Jaffrey, Esq., be of the board to joyn in the above service.

Sam! Penhallow, Cler. Con. pro temp. A vote was sent up impowering the Treasurer to recover and receive the interest of the public mony lett out to the several Gentlemen, which was approved of at ye board.

Adjorned till tomorrow.

Pro. N. Hamp".

At a Gen' Assem: held at Portsmo

by adjornm', May 20th, 1719.

Present in Coun:
Ilis Ilonour John Wentworth, Esq., Lt. Gov",
Sam' Penhallow,

Shad. Walton,
Mark Hunking, Esqs. Richd Wibird, Esqs.
Geo. Jaffrey,

Thomo Packer,
A message to the board by Mr. Dennet, wth the petition of Eliza
Sloper, & papers belonging thereto.

Adjourned till to-morrow, 9 o'clock, A. M.

[P. 192.] Pro: N. Hamp'.

At a General Assembly held at Portsmo

by adjornin, May 21", 1721.

Present in Coun:
Ilis Hon' John Wentworth, Esq., Lt. Gov",
Samuel Penhallow,

Shad. Walton,
Mark Hunking,

Esqs.
Rich Wibird,

Esqs.
Geo. Jaffrey,

Thomo Packer, Henry Sloper being sent for by a special warrant directed to the sheriff, was accordingly brought to the board to answer for bis vile and wicked reflections on & abuse of his Majesty's Government of this province, as sworn on file; and being heard thereon, it was considered, That the said IIenry Sloper pay as a fine to his Majesty twenty pounds & costs taxed at fifty-five shillings and six pence, and recognize in Two hundred pounds, to be of good bejaviour for the year next ensuing, & stand committed till sentence performed.

Richa Waldron, Cler. Con. The above said Henry Sloper recognized according to the above order, and a copy of the said order was drawn out, directed & delivered to Mr. Benj“ Acreman, to be executed upon the said Sloper.

Richa Waldron. A message to the board by George Jaffrey, Richa Wibird and Thos Packer, Esqs., with a scheme and projection for making and emitting ten thousand pounds, which was laid before the board by a Committee appointed to report that matter.

Adjorned till July 11th, 1721.

[P. 193.] Pro: N. Hamp".

At a General Assembly held at Portsmouth
by adjornment, July 11th, 1721.

Present in Coun:
Ilis Honour John Wentworth, Esq., Lt. Gov",
Sam' Penhallow,

Shad. Walton,
Geo. Jaffrey,

Esqs.
Richd Wibird,

Esqs.
Mark Hunking,

Thom* Packer,
A petition directed to the Honble the Lieut Gov? & Council
signed by four of the five selectmen of Portsinouth, and preferred
by Mr. James Jaffry, praying for a writt of Audita Querela (1)
upon a case tryed at the Qr. Sessions relating to Mrs. Jose's high-
way, was read at ye board and ordered that the petition be heard
to-morrow at ten o'clock before noon, and that John Pray be noti-
fyed thereof.

Richd Waldron, Cler. Con.
The petition of Israel Clifford, directed to the General Assem-
bly, praying for an allowance out of the Treasury, in considera-
tion of his being shot in the leg and much wounded on a Muster
day at Hampton, read at the board and sent down by the Clerk.

This day his Excellency the Govrs additional Instructions from the Lords Justices signifying his Majesty's will and pleasure relating to the striking or emitting any more bills of creditt within this province, was read at the board, and then sent down and laid before the bouse by the Clerk.

Adjorned till 3 o'clock P. M.

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Pro: N. Hamp". Mett according to adjornment.

Present in Coun:

As Before,
[r. 194.] A message to the board by Mr. John Dam with the
Lords Justices Instructions to the Gov", wch were read in the
house(2).

(1) In law, when a defendant or bail, against whom judgment has been recovered,
complains that he has already ratified the demand, or been released from it, an audita
querela is a writ in the nature of a bill in equity, directed to the Court, enjoining it to
hear the parties and cause justice to be done them.-Web. Dic.

(2) (From the Journal of the House.)
By ye Loris Justices Parker, Townsen 1, Craggs, New Castle & Devonshr.
Additional Instructions to Saml. Shute, Esq., his Majests Cap. General and Governour-

in-Chief of his Majests Province of New Hampr, in New England, in America, or to
ye Commander-in-chief of his Majestys Province of New Hampr for ye time being:
Giren at Whitehall, ye twenty seventh day of Septemr, 1720, in ye seventh year of
his Majet's Reign.

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A message to the house by George Jaffrey, Shad. Walton, Esq., with the petition of Doct Allen, praying for an allowance out of the treasury for his administration to ye New Ilamp Souldiers at the eastward in quality of a surgeon.

Adjourned till to-morrow, 10 o'clock, A. M.

Pro. N. Hamp'.

At a General Assembly held at Portsmo
by adjournment, July 12th, 1721.

Present in Coun:
His Hon' John Wentworth, Esq., Lt. Gov",
Samuel Penhallow, Esqs.
Mark Hunking,

.

S Richa Wibird, Esq. Mr. James Jaffry, in behalf of the Selectmen of Portsmouth, appeared at the board to prosecute their petition preferred yesterday, and Mr. John Pray appeared to answer according to notification; and objected that the Selectmen were not qualifyed to prosecute the said petition or suit, without a special vote of the town impowering them so to do;—which being considered, It is resolved that the process be dismist, the prosecutors not appearing according to law.

Richd Waldron, Cler. Con. Adjorned till 3 o'clock, P. M.

Pro: N. Hamp?.

Mett again according to adjournment.

Present as Before. Mr. Jonathan Wiggin appeared at the board to prosecute his petition preferred in April last, praying for a grant of the Ferry

Whereas Actts have been passed in some of his Majesties Plantations in America, for striking Bills of Creditt and issuing out ye same in lieu of mony, in order to discharge their publick Debts and for other purposes, from whence several inconveniences have arose; it is therefore his Majests Will and Pleasure, that for ye future, you do not Give your assent to or pass any Act in his Majests Province of New Hampr, under your Government, whereby Bills of Credit may be struck or Issued in lieu of mony or por Payment of mony either to you, ye Governour, or to ye Comander-in-chief, or to any of ve members of his Majesties Council, or of ye Assembly of ye said Province of New Hampr, or to any other person whatsoever, without a clause be inserted in such Actt declaring yt ye same shall not take effect untill yo sd Actt shall have been approved and confirmed by his Majesty, excepting Actts for raising and settling a Publick Revenue for defraying ye necessary charge of ye Government of ye sd Province of N. Hampr, according to ye Instructions already given you. By their Excellencies' command.

CHARLES DELAFAY.

on the south side Exeter river; and return being made by an officer und oath, that Richd Hilton, Esq., had been notifyed of said petition, and the hearing appointed upon it, The House of represents were sent for to the board by the Clerk, and the Speaker and house came accordingly; and after hearing the subject matter of the petition and what related thereto, withdrew to their own chamber to consider thereof.

[P. 195.] A message to the board by Mr. John Dam with a vote for striking and Emitting fifteen thousand pounds bills of creditt, wth a saving clause according to the Instructions to the Gové read at ye board yesterday, which was sent down to the house by Geo: Jaffry and Rich Wibird, Esqs., for further consideration & amendmt.

Adjorned till tomorrow, 10 o'clock, A. M.

Pro: N. Hamp.

At a Gen' Assembly held at Portsmo

by adjornm. July 13th, 1721.

Present in Coun:
His Hon? John Wentworth, Esq., Lt. Gov",
Sam' Penhallow,

Shad. Walton,
Mark Hunking, Esqs.

Richd Wibird, Esqs.
Geo. Jaffry,

ThoinoPacker,
A message to the board by Mr. Dam, with the following vote:

Voted, That Jonathan Wiggin shall have the ferry at Stratham, on the south side of Exeter river over against Capt. Richard Hilton's house, and the improvem thereof, for the space of twenty nine years and half, from ye date hereof; he finding and providing a sufficient boat and canoe for transportation of travellers, tal ng for each horse and rider six pence and no more, and for each single person two pence and no more; provided that the said Wiggin allow to all travellers sufficient ways or passage from the King's road down to the ferry as the ways now go, he having the liberty of hanging Gates where needful in said ways, he always keeping his bridge and cosway in repair at his own cost and charge, and to have liberty to sell beer and Cyder free of Excise, and to give due attendance, on the penalty provided in the law in the like cases, and that said penalty shall not be in force agat said Wiggin untill the twenty fifth day of March next after the date hereof. July 13th, 1721.

Dan! Greenough, Cler. Assem.

In Coun: Eodem die, Concurred.

Richd Waldron, Cler. Con.

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