Capt. of the said Fort is hereby ordered to receive you into the same & to shew you the said Fort and Stores in order to your Effectual executing this Warrant.

Given under my hand at Portsmouth the 13th day of Feb. 1739-40, and in the 13th yeare of his Majesties Reign.

J. BELCHER.

In obedience & pursuant to the within Order, We, the Subscribers did repair to his Majesties Fort Wm & Mary on the Great Island which with the Stores therein was shown to us by the Honble Shadrick Walton, Esq. the State and account of which is as underneath, viz.

The walls on the South part of the Fort verry much broken & decayed, the Platform rotten, nine guns on that line mounted & five of the carriages verry much decayed, 4 guns mounted next the flaggstaff pointing to the South and one of the Carryages Rotten, 4 guns mounted at the East end of the Fort in good Order, [P. 560.] on the north side of the Fort 13 guns mounted pointing up the River, the Platform on which they Stand & the Carrigages verry good, at the Fort on each side of the Gate a gun mounted but one of the Carryages rotten, without the Fort 9 field peices mounted in good order, the Powder House in good order to receive Powder, with one half bbl. of powder only therein with a bundle of match & abt a Reame of Cartridge paper. Nigh the Powder House in the Fort 4 pile of shot about 1000 in number and in the old Guard House abt 200 shot for the Field pieces. The old Guard House verry much decayed, the Gunners House verry much out of Repaire, 17 small arms one of which onely fitt for present use, 21 Cartridge boxes, 8 formers, 12 ladles, 4 worms, 7 spunge heads 6 Ramer heads, 2 boxes of partridge shot, 20 aprons for guns, 7 iron Crows 7 Crab handspikes, the Centry Boxes all gone.

Fort Wm & Mary,
Feb. 14, 1739-40.

Joseph Sherburn J. Rindge.

An act to Enable Proprietors of Townships & common & undivided lands to asses & Tax &c. read 3 times & past to be enacted & engross'd & sent up pr Capt. P. Gilman

Mr. Secretary bro't down the Petition of the South Parrish in Portsmouth. Suspended til next Sessions.

Theo. Atkinson, Esq. bro't down Math. & others Petition which was read & voted it be dismist.

The House adjourn'd to the 16th currt.

Saturday, Feb. 16th A. D. 1739-40 A. M. The House met.

The answer of the House to his Excellys speech sent up pr Messrs Hall, P. Gilman & H. Wentworth.

The House adjourn'd to Monday, the 18th currt 10 o'clock A. M.

Monday Ffeb the 18th A. D. 1739-40 the House met.
The House adjourn'd to the 19th currt A. M.

Tuesday, Ffeb. the 19th 1739, A. M. the House met.

[P. 561.] Voted That Nathaniel Gilman & Mr. Samuel Palmer be a Comittee of this House to wait on the Treasurer and ask

him whether he has drawn out his accompts of the Province according to appropriation of the late act & if not to know by what time they will be ready. The Comittee return'd & said they had delivered their Mess and had for answer they would be ready in the afternoone.

Elis Huske, Esq. bro't down Mr. Dearborn's petition.

Theo. Atkinson, Esq. bro't a Remonstrance about som of the Debts of the £1730 and of the Hansons & others taking on themselves the paymt of Capt. Gerrishes money having some time allowed them.

The Question was put whether any supply shall be made for the Fort. It past in the affirmative, then the question was put for suply of the Frontiers. It past in the affirmative.

P. M.

The Question was put whether a Comittee should be sent to se wt was absolutely necessary at the Fort. It past in the affirmative, and voted.

Upon reading his Excell message relating to the Fort Wm & Mary of the 15th currt & of the report of the comittee his Excell sent to view the said Fort & Stores made the 14th currt, Voted, that Capt. Edward Hall & Mr. Jotham Odiorn be a Comittee of this House to joyne such as the Honble the Council shall appoint to go down as soon as possible & view what is now absolutely necessary to be done at the said Fort & Stores and to bring a particular return as neare as they can compute what the charge may be & make their returne to the Gen Assembly as soon as they can.

Sent up pr Capt. Roby.

Mr. Dearborn & Respondents cal'd & heard on his Petition & voted that the Prayer of the Petition be granted and the Petitioner have liberty to bring in his Bill

The House adjourn'd to the 20th currt A. M.

Wednesday Feb 20th A D 1739-40, A. M. the House met. The comittee of audit of this House waited on the Treasurer for his accompts. They return'd answer That the Treasurer said his accompts were ready [P. 562.] but that the Council were gone down to the river with his Excell.

Whereas there is now depending in the Superiour Court of this Province for the Tryal of sundry persons for uttering counterfeit bills of Credit of the Collony of Rhode Island, which tryall will be fruitless without some evidence of the signers or Plates from Rhode Island, Therefore, In the House of Representatives, Voted, That his Excell be desired to Direct the See' to write the Honble John Wanton, Esq. Governour of Rhode Island to desire him that some of the Signers of the Bills of that collony (that are coun

terfeited) may be desiered to come here at the time of Tryal at such time as our sd Superiour Court may adjourn too for Tryall and that the Treasurer provide for the said Gent entertaimn while here, and that the Treasurer be allowed for the sum advanced for said Entertainm in his accompts.

In the House of Representatives, Pursuant to his Excellys message of the 15th currt relating to the Fort Wm & Mary, voted That there be a Tax of one thousand pounds Raised on the Polls & Estates of the Inhabitants of this Province & paid into the Treasury by the last of December next for the Repaire of the Fort & Frontiers · not sent up.

Upon motion made for taking the Hansons Bonds for that part of the £1730 money that was due from the Estate of Richard Gerrish Esq. Deceas'd, Voted, That the Treasurer take the said Hansons & others Bond for the Principle and Interest at 2 1-2 pr ct. from the 25th of April 1729 (the interest being paid to that time to Mr. Ephraim Dennet) and also the cost of suite Expended in Courts on said Bond & that the said Treasurer take their Bonds payable for the same by the first day of May next Ensuing the date hereof. And that upon the Treasurers receiving the said Bonds the Estate & Ex of the said Richard Gerrish be wholly discharged of said orriginal Bond & Judgm1.

P.M. A vote past for Raising a Tax of £550 to be bro't in any Bills by the last [P. 563.] of December next being for purchasing Powder &c for the Fort & suply for the Frontiers, past. The House adjourn'd to the 21st currt.

Thursday, Ffeb the 21st A D. 1739- A M. the House met. The Vote for the Fort & Frontiers, Dearburn's Petition, Rhode Island vote, Hansons yote, Mathes petition and Mrs Maccresses letter sent up pr Messrs Packer & Wallensford.

Burnt of the £15000 Loan from George Jaffrey, Esq. £589: 2:4 And of Tax money from the Treasurer, £19: 11, for the year

1739.

The act in Addition to the former act about the militia read three times and past to be enacted and Engross'd & sent up pr Messrs Smith & Gilman.

In the House of Representatives. Whereas this house has been waiting sundry days for the Comittee of Audit to adjust the Treasurer accompts & the Committee of audit of this House having bro't in this day from the Treasurer an Irregular accompt for the advice of the House on it which said accompt being contrary to the sundry appropriations made by the late act of this government for the supply of the Treasury, And this House not knowing any adjustment made with the Treasurer since the Ballan made mar 11th 1736, Wherefore Voted That his Excell be desired to Direct the Treasurer forthwith to lay before the Committee of

audit his accompt with this Goverm' comencing from the Ball made in 1736 agreeable to the sundry appropriations made in the last act of this Governmt in order the Comittees of audits passing upon the same that the maine business of this Province may be no longer delayed.

Whereas the charge this Government has been at for nine years past in defending themselves against the encroachments of the Massachusetts Goverm1 and settlem' of the lines, charges of the Honble Comiss appointed by his Majestie for heareing and judging about [P. 564.] the lines, the Repaire of the Fort Wm & Mary and defence of the Frontiers and all other charges of Government in case of a French war must all be paid into the Treasury by the yeare 1742 which is much more than the People are able to p'form, Therefore In the House of Representatives, voted, that there be a Comittee of this Gen' Assembly appointed to address his most Excellt Majestie That the time limitted in his Excelly Instructions may be altered to a longer time as in his Majesties wisdom he shall see meet, and to give liberty of a further Emission as the necessity of the Province may require. And that Capt Icabod Roby, Mr. Tho. Packer Ebenezer Stephens Esq. & Mr. Jotham Odiorn be a Comittee of this House to joyne such as the Honble the Council shall appoint to draw up said address.

James Jeffry Cler. Ass".

In the House of Representatives, voted, That in case the above vote shall not be concurr'd wth at the Board, That then the same Comittee of the House do in the recess of the Assembly (or in case of a Disolution) Address his most Exce" Majestie in the name of the House for a further Limitation as above and that the Comittee send it to the Agent for this House desiering him to solicit it.

Ffeb. the 26th (?) voted.

James Jeffrey Cle' Ass".

In the House of Representatives, Voted that there be an act made in Addition to an Act made in the fourth yeare of his Majties King George the First Reigne about Powder money that it be made that every Ship Forreigner or other vessel lyable by law to pay Powder money shall from and after the Publication of the said Act pay three shillings in money or one pound of good Gunpowder pr Tun for the support of his Majesties Fort Wm & Mary Instead of two shillings mentioned in s Act & that the Treasurer or other p'son as shall at any time be appointed to receive the same shall take receipts from [P. 565.] the gunner of said Fort or other p'son or p'sons to whom he delivers Powder for the use of ye Government. Feb. 21st, 1739-40.

Post Meridiem.

The Powder vote reconsider and the Question put for 4s negative then 3s affirmative then the Powder vote & vote to address sent up

Eod Die. Theo. Atkinson & Jos. Sherburn Esqs. bro't down the Powder vote to be made equal to one pound of Powder. In the House &c. the above reconsidered & voted that the House adhere to their former vote & that the Act continue for three years & no longer.

Eod Die. In the House &c. upon a second reconsideration of the above vote, voted that the sum be four shillings pr Tun instead of the three Shillings in the vote.

Capt. Huske bro't down the Londonderry mens Petition with the House's vote non-concurr'd & a vote of Council thereon. The House concurr'd the Council vote.

Theo. Atkinson bro't a memorial from the Judges of the Sup Court, &c.

The House adjourn'd to the 224 currt.

Lon

Fryday, Feb. 22a A. D. 1739-40. A. M. the House met. donderry mens Petition sent up. A Petition of Wm King & others and Joseph Downing Praying the Docking & Entaile on pt of the Land sd Downing possess was read & voted the Prayer of the Petition be granted & yt ye Petitioners have liberty to bring in their bill accordingly. Sent up.

The memorial of the Judges &c. read and the vote of Council thereon, viz. In Council Feb. 21, 1739, Voted, that Jotham Odiorn, Ep. Dennet & John Rindge, Esqs. be a Comittee to joyn with such as shall be chosen by the House of Representatives to take into consideration the within memorial and to report that is proper for the Courts to do thereon.

Rich Waldron, Sec.

Eod Die In the House of Representatives the within memorial read & the vote of Council thereon, & voted that Mr. Thomas Packer & Mr. Hunking Wentworth & James Clarkson, [P. 566.] Esqr. be a Comittee of this House to joyne wth the above Comittee of Council for the ends proposed.

James Jeffrey, Clr. Assm.

Theo. Atkinson Esq. bro't down the vote of the House of ye 20th Curr't for supply of Powder & yt for ye Fort & Frontiers with a vote of Council thereon for amendment.

P. M.

The vote of the House of the 20th currt. & the vote of Council thereon as followeth, viz..

In the House of Representatives.

Pursuant to his Excelly Mess of the 15th currt relating to Fort Wm & Mary,

Voted, That there be a Tax of eight hundred and fifty pounds.