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Mr. Henry Dow, one of the members of the House of Representatives, brought up to this Board the following words in writing, viz:

May it please your Honors:

Whereas Capt. John Tuttle, of Dover, and L John Smith, of Hampton, two of the members of this House, have withdrawn themselves,* this House pray that their vacancy be made up out of the respective towns unto which they belong.

By order, Theodore Attkinson, Clerk.

Adja till the 2a Tuesday in June next, being the 18th day, at ten of the clock in the forenoon.

[Copied from MS. Minutes of the Assembly.]

May 22, 1701. The House being att a Debate whether through the Death of the Earle of Bellomont their power be not Ended, Therefore Desire the Speaker to Propose to the Lt. Gov'r & Council, for their Opinions in the matter.

May 23, 1701. Mr. Waldron [of the Council] sent down to answer the dout of the House, referring to their Powers being lessened by the Death of the Earl of Bellom. &c. The mind of the Lt. Gov'r & Councill is, that the powers in an Officer are not altered by his Death.

It being Debated again in the House, they are most of the same mind with the Lt. Gov'r and Councill, but some objecting, the speaker is desired to inform the Lt. Gov'r and Councill, that the major part was for going on and acting as formerly. The speaker delivered the same.

Capt. John Tuttle and Lt. John Smith having withdrawn themselves from the Assembly, the Assembly Request the Lt. Gov'r that the vacancy may be made up by a

new choice.

June 10th, 1701. Appeared in the Room of Capt. Tuttle, Lt. James Davis, and Timothy Hilliard in the room of Lt. John Smith; who, being qualified, are joyned as members of this House; the rest of the House meeting according to adjorn't.

[P. 61.] Province of New Hampshire.

At a Council and Gen" Assembly held by adjournm at Portsm° the 10th of June, 1701, Ante merediem.

Present,

The Honble Wm Partridge, Esq., Lt Govern',

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The L Govern' granted a dedimus potestatem to Robert Ellott and Wm Vaughan, Esqs., and Charles Story, Secretary, to swear James Davis and Timothy Hilliard, two members of the Assembly elected to sit this day in Loco Capt. John Tuttle and Lt. John Smith, who took the oaths appointed to be taken, instead of the oaths of Allegiance and Supremacy mentioned in the statute made in the first year of King Wm and Queen Mary's Reign, as appears by a return of said dedimus potestatem.

Mr. Richard Jose, sheriffe of this Province, appeared at this Board and produced a Commission under the seal of the Province, and signed by the late Earle of Bellomont, dated at Portsm°, the first day of August, 1699, for the of fice of Sheriffe, to execute the said office from said first day of August till the 29th day of September, 1700; and likewise made complaint that the said commission was falsely recorded by the late secretary, Mr. Sampson Sheafe; which commission being examined before the L Govern' and Council, was found to be falsely recorded by Omitting the true time of said sheriff's continuing to execute his office, by two months or thereabouts.

Ordered, that it be entered under the Record, that it is a false Record, and that the present Secretary record the original de novo.

Adja till to morrow morning, 9 o'clock.

[P. 62.] Province of New Hampshire.

At a Council and General Assembly, held at
Portsm° by adj't the 11th day of June, 1701,
Ante Merediem.

Present,

The Honble Wm Partridge, Esq., L' Govern',

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Richard Waldron, Esqrs.

John Gerrish, Esq.

Mr. Nath. Hill brought up from the House of Representatives these several Bills, foll":

A Bill for establishing Town Bounds and Lands, &c.;
A Bill for limitation and quieting possessions;

A Bill against trespassing on Town commons;

A Bill for strengthening sheriffs, constables, &c.;
A Bill for an addition to the act relating to Courts;
A Bill to prevent frauds in Tanners, &c.;

A Bill for a Constable's watch;

Which Bills were passed by the Assembly and prayed to be engrossed.

All the aforesaid bills were read at this Board.

Edward Toogood brought to this Board a debenter for £15 due to himself, Sam' Whidden and Mr. Penhallow's man, for one day's work going to Newichawanock to discover a quarry of stones for building the fort at Great Island,-was read.

Ordered that Edw Toogood be paid 7s., Sam' Whidden, 5s. 6d., Mr. Penhallow's man, 2s. 6d., out of the Treasury. Adja till to-morrow morning, 8 of the clock.

[P. 63.]

At a Council and Gen" Assembly, held by
Adj' at Portsm° on Thursday, the 12th of
June, 1701, ante merediem.

Present,

The Honble Wm Partridge, Esq., Lt Govern',

}

John Hinkes,
Rob' Ellott, S
Esqrs.

Wm Vaughan, Esqrs.
John Gerrish, f

· Rich Waldron, Esq.

Mr. James Randell, one of the members of the House of Representatives, brought up to this Board the foll. Bills: An additional Bill for the settlement of Intestates' Estates;

An additional Bill to the Law entitled Marriages;
A Bill for punishing criminal offenders;

Which said Bills the House of Representatives humbly pray may be engrossed.

All which Bills were read at this Board.

Richard Waldron, Esq., was sent down to the House of Representatives with these following Bills to be amended,

viz.,

The Bill against trespassing in town commons;

The Bill to prevent frauds in Tanners, &c.;

The Bill for strengthening sheriffs, constables, &c. Adja till to-morrow eight of the clock, in the morning.

[P. 64.]

Province of New Hampshire.

At a Council and Gen" Assembly held at Portsm° by adjt the 13th of June, 1701, ante merediem.

Present,

The Honble Wm Partridge, Esq., Lt Govern',

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Mr. Richard Waldron, Esq., was sent down to the House of Representatives with the Bill for establishing Town Bounds, Lands, &c., in order to be amended.

Mr. Dudly, one of the House of Representatives, brought up to this Board these foll. Bills, viz.,

The Bill to prevent frauds in Tanners, &c.;

The Bill for strengthening sheriffs, constables, &c., with their amendms, which passed that House;

The Bill against trespassing on town commons, with its

amendm', ditto, who prays the same may be engrossed; A Bill to prevent impounding cattle;

A Bill for registering Deeds and conveyances; were read at this Board.

Adja till 3 o'clock in the afternoon.

[P. 65.]

Province of New Hampshire.

At a Council and Gen" Assembly, held at Portsm° by adjt the 13th of June, 1701, post merediem.

Present,

The Honble Wm Partridge, Esq., Lt Govern',

John Hinkes,

Robert Ellott,

Esqrs.

John Gerrish, (

Wm Vaughan, Esqrs.

Richard Waldron, Esq.

Mr. Charles Story, Secretary, was sent down to the House of Representatives, with the Bill for registering of Deeds and conveyances, in order to be amended.

Mr. James Davis, one of the House of Representatives, brought up said Bill to this Board with its amendmts. Adja till to-morrow morning, eight of the clock.

Province of New Hampshire.

At a Council and Gen" Assembly, held at Portsm° by adjt the 14th of June, 1701, ante merediem.

Present,

The Honble Wm Partridge, Esq., Lt Govern',

John Hinkes, 1
Robert Ellott,

Wm Vaughan, )

Esqrs. John Gerrish, Esqrs.

Richard Waldron, Esq.

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Mr. James Davis, one of the House of Representatives, brought up to this Board a Bill against Adultery and Polygamy, and prayed the same might be engrossed.

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