der the care of a Deputy, whom said Commissary General is hereby authorized to appoint the said Deputy to give satisfactory bonds to said Commissary General for the faithful discharge of his duty, and to receive such compensation as the Legislature shall from time to time allow.

And be it further resolved, that the sum of one thousand dollars be appropriated for the purpose of a site and the erection of said arsenal, and that the Governor is hereby directed to draw his warrant on the Treasurer of the State for the same or for so much thereof as may be necessary to defray the expenses thereof. Which was read a first time

Ordered, That said resolution be referred to the committee on Military Affairs.

The House resumed the consideration of the bill entitled an act allowing to the 4th Company of Infantry in the 31st Regiment an additional number of State arms;

Ordered, That it be read a third time to-morrow afternoon at three o'clock.

On motion of Mr. Quincy

Resolved, That the House are now ready to meet the Senate in Convention for the purpose of proceeding in the elections agreeably to the provisions of the Constitution.

Ordered, That the Clerk inform the Senate thereof.

Mr. Page of Coventry gave notice that he will to-morrow ask leave to introduce a bill entitled an act in amendment of an act in addition to an act entitled an act for laying out highways, passed July 3, 1829.

Pursuant to previous notice and by leave, Mr. Swasey introduced a bill entitled an act to repeal an act incorporating the proprietors of the Coventry Turnpike Road in New Hampshire; Which was read a first and second time.

On motion of Mr. Swasey

Ordered, That it be referred to the committee on Roads, Bridges and Canals.

Pursuant to previous notice and by leave Mr. Sawyer of Nashua introduced a bill entitled an act to amend the laws regulating divorces;

ry;

Which was read a first and second time.

On motion of Mr. Sawyer

Ordered, That it be referred to the committee on the Judicia

Mr. Spaulding of Nashua introduced the fifth annual report of the Nashua and Lowell Rail Road Corporation.

On motion of Mr. Treadwell

Ordered, That it be referred to the committee on Roads, Bridges and Canals.

IN CONVENTION.

The Senate and House of Representatives being assembled in convention in the Representative's Hall;

On motion of Mr. Treadwell of the House

The Convention proceeded by ballot to the choice of Sectary of State, and Josiah Stevens, Jr. Esq. was elected.* On motion of Mr. Comerford of the Senate

The Convention proceeded by ballot to the choice of Treasurer, and Zenas Clement Esq. was elected.

On motion of Mr. Brown of the Senate

The Convention proceeded by ballot to the choice of a Commissary General, and Theodore F. Rowe was elected.

On motion of Mr. Treadwell of the House

The Convention rose and the Senate withdrew.

On motion of Mr. Warner, the House proceeded by ballot to the choice of State Printer, and Cyrus Barton Esq. was elected. Ordered, That the Clerk inform the Senate thereof.

Mr. Ayer of Hooksett gave notice that he will to-morrow ask leave to introduce a bill to repeal the second section of an act in addition to the several laws of this State for laying out highways, approved July 2d, 1833.

The House resumed the consideration of the Message of His Excellency the Governor communicating the report of the Bank Commissioner upon the affairs of the Concord Bank.

On motion of Mr. St. Clair

Ordered, That it be referred to the committee on Banks.

A message in writing from His Excellency the Governor was received by the Secretary of State, which was read and is as follows:

"To the Hon. Senate and House of Representatives.

I herewith enclose the report of the Commissioners of the Literary Fund agreeably to the Act of June 29, 1821.

Executive Department,

June 10, 1840."

JOHN PAGE.

H

Mr. Parker of Fitzwilliam moved that His Excellency's message with the accompanying report be referred to the committee on Banks;

And the question being put

It was decided in the negative.

Mr. Wentworth moved that they be referred to the committee. on Education.

And the question being put

It was decided in the affirmative.

The House resumed the consideration of the remonstrance of Samuel Shaw and others, citizens of Kensington, against the right of John T. Blake to a seat in this House;

On motion of Mr. Treadwell

Ordered, That it be referred to the committee on Elections. Mr. Knapp of Franconia gave notice, that he will to-morrow ask leave to introduce a bill to repeal so much of an act entitled "An act in addition to an act providing for the regulation and government of the State Prison, passed January 13, 1837," as requires the Warden of the State Prison to be chosen by joint of the Senate and House of Representatives in Convention.

On motion of Mr. Hill of Northwood

Resolved, That the committe on Education be instructed to inquire into the expediency of passing an act making a more equal distribution of school money among the several districts in the towns of this State.

On motion of Mr. Latham

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of amending the law regulating the taking of depositions to be used on the trial of civil causes, so that it shall be lawful in case of the absence of the Justice of the Peace before whom such depositions were notified to be taken, for any other Justice of the Peace to take such depositions at the time specified in such notification.

On motion of Mr. Wallace

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of making provision by law, requiring that all committees appointed by the Courts to lay out highways in this State be sworn faithfully and impartially to discharge the duties of said office, and that a certificate of said oath or oaths be annexed to and made a part of such report.

On motion of Mr. Little of Boscawen

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of altering the law in relation to the

distribution of intestate estates, so far as in case such intestate has no lineal descendants to authorize the Judges of Probate to take into consideration the agency the widow may have had in accumulating such estate and to assign to her an equitable proportion, and report by bill or otherwise.

Mr. Bruce submitted the following resolution

Resolved, by the Senate and House of Representatives in General Court convened, That the Treasurer of this State be and hereby is authorized and directed to collect the amount due the State on the bond of Jasper Elkins and others;

Which was read a first time.

Ordered. That it be read a second time to-morrow forenoon at eleven o'clock.

On motion of Mr. Warner

Resolved, That a committee be appointed on the part of the House with such as the Senate may join, to wait upon Josiah Stevens Jr. and inform him of his election to the office of Secretary of State, upon Zenas Clement and inform him of his election to the office of Treasurer, and upon Theodore F. Rowe, and inform him of his election to the office of Commissary General, for the ensuing year, and if they accept of the several offices to receive of them the customary bonds, and lay the same before the House.

Ordered, That Messrs. Warner, Wedgewood and Morrill of Boscawen be the committee.

Ordered, That the Clerk inform the Senate thereof.

A message from the Senate by their Clerk:

"Mr. Speaker-The Senate have on their part chosen Cyrus. Barton, Public Printer for the ensuing year.'

Mr. Treadwell submitted the following resolution:

Resolved by the Senate and House of Representatives in General Court convened, That the Secretary of State be directed to procure the printing of the public acts and resolves, in the Granite State Democrat, printed at Exeter.

Which was read a first time.

Ordered, That it be read a second time to-morrow forenoon, at eleven o'clock.

On motion of Mr. Treadwell

The House adjourned.

THURSDAY, JUNE 11, 1840.

Mr. Sawyer of Dover presented the petition of the firewards and inhabitants of Dover, praying for an additional number of Engine men.

ry.

Ordered, That it be referred to the committee on the Judicia

Mr. Sawyer of Dover presented the petition of the Strafford Guards, the first company of Light Infantry in the second regiment of militia, praying for two additional officers.

Ordered, That it be referred to the committee on Military Affairs.

Mr. McGrath presented the petition of the town of Orange, praying to have that part of Canaan, lying on the east side of the line of Canaan as first surveyed by the proprietors, annexed to Orange.

Ordered, That it be referred to the committee on Towns and -Parishes;

Mr. Towle of Hampton presented the petition of John Johnson, a citizen of Hampton, praying for further legislation on the subject of rail roads crossing public highways and rivers;

Mr. Stickney presented the remonstrance of George W. Kittredge and 144 others, citizens of New Market against any further obstructions to the navigation of the Piscataqua river and against the extension of the Eastern Rail Road to Dover;

Mr. Batchelder of North Hampton presented the remonstrance of Jeremiah S. Rollins and others, inhabitants of North Hampton against any act of incorporation being granted for a rail road connecting the Eastern Rail Road with the Exeter and Haverhill Rail Roads.

Ordered, That said petitions be referred to the committee on Roads, Bridges and Canals.

Mr. Pitinan presented the account of John P. Pitman;

Mr. Hoskins presented the account of Josiah Stevens, Jr. Ordered, That said accounts be referred to the committee on Claims.

Mr. Ayer from the committee on Finance, to whom was referred a resolution directing a bill providing for the compensation of the officers of the civil list, reported a bill entitled "An act providing for the compensation of the officers of the civil list," Which was read a first and second time.