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[P. 250.] Province of New Hampshire.

At a Council and General Assembly held at Portsmouth, on Monday, the 10th of May, 1708.

Present,

His Excellency Joseph Dudley, Esq., Governour,

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Ordered in Council, that whereas the sessions have neglected to appointe a person in the several Towns to take account of the ratable estates according to an Act of Assembly, entitled An Additional Act for the equal assessing and collecting of public taxes, The select men of the several towns are hereby required to proceed to lay the taxes for this year without any such return, the said Act notwithstanding, according to former custom; and the Assembly will then further advise.

The Representatives voted a concurrence with the Honble the Council.

Sam' Keais, Clerk.

Upon reading the petition of Samuel Shipperd and . . . . True, on behalfe of several other inhabitants lying near the line of both Provinces:

Ordered, that what goods have been restrained by the Constable of Hampton from said True be returned to him again; the tax being taken by the Constable of Salisbury six days before.

Ordered, that Mr. Walton from time to time employ the soldjers at the fort at New Castle in the repair of the works while they are off their duty, keeping account hereof that they may be paid six pence per diem for their service, besides their wages.

Ordered, that one hundred and thirty one pounds, ten shillings, be paid in course out of the Province Rates for

service for Capt. Walton and four soldjers at the fort WTM and Mary, from the 25th March, 1707, to the 25th March, 1708.

[P. 251.] Ordered, that Mr. Secretary Story's debenter, for his service in that post, amounting to forty five pounds, thirteen shillings, being approved of by the Assembly and allowed at this Board, be paid out of the eleven hundred pounds tax raised this session.

The following vote was sent up to this Board by the House of Representatives:

Voted, that a Latin School be kept in Portsmouth; that the school master from time to time be appointed by his Excellency, Council, and settled minister of the town, And that the said school master be paid by the several towns within this Province after the rate of fifty pounds per annum, besides what the select men of Portsmouth shall order to be paid by each of their inhabitants that sends his child to learn Latin; and to be a free school for writers, Readers and Latinists, &c.; the sum to be paid by each town, viz: Portsmouth twenty eight pounds, Hampton eight pounds, Exeter six pounds, Dover six pounds, New Castle forty shillings; And that this Act continue in force for and during the space of two years and no longer-then to cease and end; And that the select men in every town within this Province make assessment on their inhabitants for each of their proportions as aforesaid, to be collected and paid unto the said schoolmaster yearly, by the first day of March; And if the select men in each town or any of them shall fail of making such assessment, it shall be lawful for any two Justices of the Peace in this Province to issue forth a warrant or warrants, directed to the Sheriff, to levy on any of the select men or their estate for any such sum not paid according to the time.

May the 10th, past by the House.

Sam' Keais, Clerk.

May 10th, 1708. Read in Council and consented to, nemine contradicente, and to be past into an Act. Cha. Story, Secretary.

Province of New Hampsre.

[SEAL.] An Act for a free School to be kept at Portsmouth. Whereas there is noe Latin School as yett Established in any town in this Province, for the encouragement of learning and virtue:* Be it therefore Enacted by his Excellency the Governour, Council and Representatives convened in Generall Assembly, and by ye Authority of ye same, That a Latin School bee kept att Portsmouth in ye said Province; and that the schoolmaster from time to time bee appointed by his Excellency, Council, and settled ministers of the Town; and that the said school master bee payd by ye severall Towns within this Province, the sum of fifty pounds money pr. Annum, besides what ye selectmen of Portsmo shall Order to be pd by each of those Inhabitants that send their children to learn Latin; And to be a free school for writers, readers and Latinists; & the severall sums to be pd by each Town are as follows, viz: Portsm twenty eight pounds, Hampton eight pounds, Dover six pounds, Exeter six pounds, and New Castle two pounds; and that this Act continue too [2] years. And that the selectmen in every town within ye Province make assessments on their Inhabitants for each of their proportions, as aforesaid, to be collected and payd unto the said schoolmaster yearly, by ye first day of March; and if ye selectmen in each Town or any of them shall fail of making such assessments, itt shall be lawful for any two Justices of the Peace in the Province to issue forth a warrant or warrants, directed to yo sheriff, to levy on any of ye selectmen or their estates, for any such sum not payd according to time, to pay the same to the schoolmaster from year to year.

Read three times in the House of Representatives and past to be Enacted, and sent upp to the Honble the Council for their concur

rence.

John Pickerin, Speaker.

*[We conclude, therefore, that this was the first Latin free school established in New Hampshire. As early as 1658, there was a school in Dover in which the master was requested to teach "to reid, write, cast a compte, latine, as the parents shall require." See Provincial Papers, Vol. I., p. 312. And under the Laws of Mass., "every town consisting of one hundred families or upward was required to set up a Grammar School, and appoint a master able to instruct youth so as to fit them for the Colledge," &c.— Prov. Pap., Vol. I, p. 312.-ED.]

Read three times at the Council Board, and voted a concurrence with the House of Representatives, his Excellency assenting thereto. Cha. Story, Secretary.

I assent to the Enacting this Bill.

J. DUDLEY.

Ordered, that Samuel Penhallow, Esq., Treasurer, his debenter, amounting to eleven pounds two shillings, being so much paid by him toward the Governour and Council's entertainment, and other necessary expenses of Capt. Chisley's Company when at Nantassett, be paid him out of the Treas

ury.

[P. 252.] The several bills following, having been three several times read and passed both Houses, were consented to by his Excellency and by him signed accordingly:

An Act for the better preservation of all Mast Trees or white pine Trees within her Majesty's Province of New Hampshire.

An Act for the raising of eleaven hundred pounds for defraying the publick charge of the Province.

An Act for continuing several Rates and duties of Excise, Custome, Impost, and Tonnage of shipping.

An Act for selling of part of George Walton's estate for payment of Debts.

An Act for a free School to be kept at Portsmouth.

Ordered, that Robert Thompson be paid five pounds out of the present tax, for an Indian scalp lately taken by him at Oyster River.

Mr. Treasurer Penhallow's acct, for sundrys advanced for supplying the forces to march agt the enemy at L'Acadie and Nova Scotia, amounting to 518: 8s: 10, out of which there remains due to the Province 35: 11: 54, was read at this Board and allowed and approved of, as upon file.

The muster roll on account of the service of soldjers at the fort Wm and Mary for the year 1706, signed by Capt. Shadrach Walton, am° to seventy one pounds, seven shillings and one penny, was allowed, and signed by the Gov

ernour in Council for payment of the same, and counter

signed by the Secretary.

Prorogued till Wednesday, 8th 7br, 1708.

Prorogued till Wednesday, the 17th Nov., 1708.

[P. 253.] Province of New Hampshire.

At a Council and General Assembly
held at Portsmouth by prorogation, on
Wednesday the 17th November, 1708.
Present,

His Excellency Joseph Dudley, Esq., Governour,

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Mr. Secretary Story was sent as a message to the House of Representatives to call them to this Board, who accordingly came, and his Excellency the Govern' was pleased to make the following speech, in hæc verba:

Gentlemen:

The summer is past since your last session, and by the good Providence of God wee have been preserved from any insult of the enemy, tho' their march upon us in August put us to a very great cost to defend a long frontier, being uncertain where they would make their impression.

And at last they have nothing to boast of at Haveril, tho' we might have done much more upon them if wee had taken the proper advantages offered us.

The march of soe many forces necessarily in both Provinces hath much aggravated the year's charge; notwithstanding I rose as late, and disbanded as soon, as possible.

Mr. Treasurer will lay before you, Gentlemen of the House of Representatives, the present Debt upon the Province, which I must justly expect you will take care to discharge; otherwise wee shall not be able to support our selves, if soldiers be not duly satisfied and paid.

[P. 254.] You will also remember your Agent, who is well arrived, and very diligent in yr service, and must be supplied with what is necessary for his reputation and dispatch of his attendance.

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