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The Complaint agst Capt. Tobias Langdon by Mr. Wm. Cotton, was read at this Board, and ordered that said Langdon be summoned to appear at four of the clock in the afternoon.

Capt. Langdon appeared, and it was Ordered, that Monday fortnight at ten of the clock in the forenoon, being the 19th instant, be appointed for the hearing of said complaint; and that the Officers of the Militia and the Selectmen of the Town of Portsmouth have notice to attend; and that the Action brought by William Cotton, against Captain Langdon, be suspended and continued ; and that the officers of the Militia take strict care that the fence in difference mentioned in said complaint be not any more pulled down by the Militia Soldiers. And to observe this Order of Council.

Ordered, That the Secretary write a Letter in the name of his Excellency from this Board, to Mr. Sampson Sheafe, Deputy Collector, to direct him that neither himselfe nor any person employed under him in the Service, doe clear any Vessel in any Creek, Port, or Harbor in this Province, until they have brought a Certificate that the duty of Impost and Tonnage is paid, according to an Act passed for the support of this her Maj'ty's Government.

The Lieut. Governo having had a Horse ridd to death in the publick service, value ten pounds, – ordered, that the same be paid out of the Treasury. [P. 83.] Mr. John Hinkes Debenter for himselfe and souldiers, was read at this Board, amounting to 1581b 13s, 40, as upon file, was allowed and approved of and ordered to be paid accordingly.

Voted, That Capt. Smith, Commander of her Majesty's Frigate the Gosper, be desired to accept of forty pieces of Eight, from the Treasurer of this Province, on board, on their voyage to Casco Bay.

The payment of the Eight pounds being the eleventh part of the disbursements on the four Indians last January,

being omitted, Ordered that the same be paid out of the next Rate, (to Coll. Thomas Packer.)

Richard Jose, Esq. Sheriffe of this Province Debenter. being read at this Board, amounting to 101b 10s was allowed and ordered to be paid accordingly.

Mr. Henry Penny, his debenter being read at this Board, amounting to one pound ten shillings, was allowed and approved of, and ordered to be paid accordingly.

Mr. Secretary Story, his Debenter from the 17th May, 1702, to the 17th May, 1703, amounting to thirty eight pounds as upon file, was read at this Board, and allowed and approved of, and ordered to be paid accordingly.

Ordered, that the five pounds, fifteen shillings due to Coll. Packer in January last, and the 916, 178, 11d, now due to him being the Province share of expences upon the two Indian Treaties, be paid accordingly out of the next Province Rate, it being at the time of the sitting of the General Assembly.

Ordered, that Philipp Lambert, ferriman at Little Harbor in the township of New Castle, be free from paying any Rates to this province, or town of New Castle ; and privilege of selling liquor free from Excise, as the Law directs : In consideration of which he is to ferry over all persons being inhabitants of the township of New Castle, living on the same side of the river, where the ferriman lives, on all publick days throughout the year free from paying any ferriage.

Upon the motion of the House of Representatives, that the Treasurer's account for the time past be made up and adjusted by the Treasurer to the last day [P. 84.] of this instant July, and fairly transcribed and laid before the House of Representatives at their next Sessions, on the first Friday in September next,

Voted and agreed to by both Houses in the Council Chamber.

CHARLES STORY, Secretary. Adjourned till Monday the 19th July inst.

Province of New Hampshire.

At a Council held at Portsmouth, by adj', on Monday the 19th July, 1703.

Present. The Honorable Wm. Partridge, Esq. Lieut. Governor.

U.

Peter Coffin,

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John Plaisted, Esqs.
Saml. Penhallow, )

Robert Elliott,

Henry Dow, Esq. A Receipt from Capt. Summersby to Capt. John Gilman of Exeter, for eighteen shillings, for entertainment of twenty one horses, was read at this Board and allowed that said eighteen shillings be paid Capt. Gilman accordingly.

Ordered, that the Lieut. Governor have ten pounds paid him out of the Treasury for entertaining his Excellency and other Gentlemen at his house for three weeks time, in June and July instant.

(Order formerly out & lost. A new order out the 24 Feby 1710.)

The Complaint of William Cotton against Tobias Langdon, having been this day considered by this Board, both parties being present with the Militia Officers, several soldiers and Selectmen, the [P. 85.] said Tobias Langdon was found guilty in pulling down the fence mentioned in said Complaint; who was cautioned by this Board not to proceed any more in the like manner; as was also all the Militia then present; but to take such direct methods against said complainant, if guilty of any trespass, as the Law in such case directs; and that the said Tobias Langdon pay to the Complainant, two pounds ten shillings for his Costs; and that the Secretary issue forth processes accordingly.

Francis Graves his Debenter was read at this Board, amounting to four pounds, three shillings, was allowed and approved of and ordered to be paid out of the Treasury.

Mr. Samuel Penhallow's Debenter amounting to five

pounds, seven shillings, was allowed and ordered to be paid accordingly out of the Treasury.

Elisha Bryer his debenter, amounting to six pounds, eighteen shillings, was allowed and ordered to be paid accordingly.

[P. 86.] Province of New Hampshire.

- At a Council held at Portsmo,

the 22d of August, 1703.

Present. The Honorable Wm. Partridge, Esq. Lieut. Governor.

John Hinkes, and John Plaisted, Esq.

Robert Elliott, His Honor, the Lieutenant Govern" having signified to this Board that he had received a Proclamation of War from his Excellency Joseph Dudley, Esq. our Governor against the French and Indian Enemy, which was read at this Board, and thought meet that his Honor the Lieutenant Governor should issue forth declarations in this Province, much after the same tenor or effect of said declaration from his Excellency, and that one of them be this day publicly Read in Portsmouth, with beat of drumm &c. and one sent to each Captain of each Town of said Province, to be by them publikly read.

Ordered, that twelve men be detached out of such Companies in this Province as the Honorable the Lieutenant Governor shall see meet, for the Securitye and Defence of Portsmouth.

Henry Dow, ,

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[P. 87.] Province of New Hampshire.

At a Council held at Portsmouth,
the 230 August, 1703.

Present.
The Honble Wm. Partridge, Esq. Lieut. Governor.
John Hinkes, )
Robert Elliott, | Esqs. John Plaisted, } Esqs.

Nath. Weare, Ordered, that sixty men be detailed out of the several towns of this Province, to be improved for the destroying and suppressing of the French and Indian enemy, that may be found between Newichawanock and Mirrimack River.

Ordered, that Wednesday the first day of September next, be sett apart for the service of Almighty God, as a day of Humiliation throughout this Province, and that John Plaisted, Esq. Mr. Nathaniel Rogers, Minister, and Mr. Secretary Story be appointed to draw up a Proclamation for that purpose ; and that the Secretary send copies of said Proclamation to each Minister of the several towns, in order to publish the same at their publick meetings.

[P. 88.] Province of New Hampshire.

At a Council held at Portsmo, on Tuesday,
the 14th September, 1703.

Present.
The Honourable Wm. Partridge, Esq. Lieut. Govern'.

Robert Elliott, Esqs.
Peter Coffin, I

John Plaisted,"

Henry Dow, Esq. Ordered, That a General Fast be kept and solemnized throughout this Province on Thursday the Twenty third September instant, humbly to implore the Divine Mercy for the preservation of her Majesty's most sacred person ; and

John Hinkes, Esqs.

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