said Honble Comiss to give them an Idea of the beforementioned River runing from Winnipissiokee Pond aforesaid to the Atlantick ocean afore mentioned.

Ordered to be sent down for concurrence.

R. Waldron, Sec.

In the House of Representatives Read and non concurred, and Voted, That the House adheres to their votes of the 20th currt Relating to the Plans.

Then the House adjourned to the 26th currt.

Fryday August 26th A. D. 1737. Province of New hampshire

In the House of Representatives: Pursuant to the Recomendation of the Honble Court of Comiss" to agree upon a Plan with the Mass voted, That the annexed Plan be Presented to the said Honble Court of Comiss" to give them an Idea of the Course of the water from Winnipissiokee & Pimewasset (1) to where [P. 511] it emptys itself into the Atlantick Ocean.

Augt 26th 1737

Sent up for concurrence.

James Jeffry, Cler. Ass".

Eodm Die. A Messa pr Mr. Secretary, That the last vote was concurr'd at the Board and assented to by His Excell and that his Excellency adjourned this Assembly to Wednesday next at 10 o' the clock.

Wednesday August 31, 1737.

The affaire of the Lines being in the Height of Argument for conclusion and several of the members obliged to attend that affaire, The House adjourn'd to the first of September 1737.

Thursday September the 1st A. D. 1737.

Mr. Boyce was sworn & Qualifyed as a member of the House for Londonderry.

Chester Petition formerly Read was now Read againe : the Parties agreed to a hearing, and being heard and the House considered thereof,

Voted That the Petition be Dismiss'd.

Then the House adjourn'd to the 2d currt.

(1) More commonly called Pemigewasset. ED.

Fryday September the 2a A. D. 1737. Chester Papers sent up.

A Mess from his Excellency pr Mr. Secretary viz. That his Excellency Prorogued the Gen' Assembly to the 13th of October next; and then Mr. Secretary Declared the Assembly Prorogued accordingly.

October the 13th A. D. 1837.

The House met according to his Excellency's Prorogation. A Mess sent to his Excellencie to signifie there was a Quorum met.

The return was, his Excelly said 'twas [P. 512] well, and Directed the House to proceed to Business.

Voted, That Nathaniel Weare Esq. Mr. Jotham Odiorn & Mr. George Walton be a Comittee of this House, to joyne with such as the Honble the Council shall appoint, to Examine the accounts now laid before the Assembly, by the Comittee appointed by the Gen" Assembly in the affaire of the Lines, and to proceed thereon as soon as may be, and make their Return to the Gen" Assembly for approbation.

Sent up for concurrence. The same vote return'd. Eodm Die, the same vote, and the accompt of charges the Comittee had been at on account of the Court of Comiss's was sent up with the vote.

A Mess from the Board that the vote was concurr'd and that the Board had appointed Ephraim Dennet, Joseph Sherburn & Ellis Huske, Esqs. to Joyne the above Comittee for the Ends therein mentioned.

Then the House adjourn'd to the 14th currt.

Fryday, October the 14th A. D. 1737.

A vote of Exceptions to the Judgmt of the Honble Comissrs relating to the Boundary Lines was drawn up and Read, as follows, viz.

Province of New hampshire, Oct the 14th 1737.

To the Honble the Comiss appointed by his Majties Comiss" under the Great Seale, to settle the Boundary Lines between his Majties Province of New hampshire and the Province of the Mass Bay in New England:

Forasmuch as his Excellency Prorogued the Gen" Assembly of this Province at their last sitting before they could know the Judgmt of the

Comiss Respecting the Boundary Lines of this his Majties Goverm1 & Province to the day before the said Court of Comiss by adjournm2 were to meet in order to receive [P. 513] the appeal of Either Province, that should think themselves agrieved, at which last meeting of the Comiss Either Party agrieved, was to give in yre appeal from which part of the Judgmt as they should think eronious & not afterwards, and this Province, being thereby stript of the Bennefit & advantage of appealing from such part of the Comiss Judgm as they should think unreasonable and Prejudicial, and that his Majesty might not think this House satisfied with all parts of the said Judgmt

Voted, That his Majties Province think themselves agrieved by said Judgmt in the following particulars, viz. On the Southern Boundary, in that the Judgmt says, Beginning at the Southerly side of the Black Rocks so called at Low Water mark, when those Rocks are about a mile from the mouth of the River Merrymack, and neare three Quarters of a mile north from where it Emtys itself into the Atlantick sea or ocean. 2dly From a Parallel Line with the River in case a crooked Line should be run (which by no means we are humbly of opinion ought to be admitted) For we object against the runing a Crooked line Paralell to the River it being founded upon the old Charter of the Corporation of the Mass Bay long since vacated.

Yet in such a case it ought to begin three miles to the north of the mouth of the River Merrymack at Low water mark where it Emptys it self into the Atlantic sea or ocean, & in that manner to run no further than the River hath a Westerly course and not to run Paralel to the River where it runs north & south, at three miles distance from the River and far beyond where wee apprehend it was formerly called Merrymack and more Particularly because the Province of the Mass Bay [P. 514] now holds under the Charter of Wm & Mary which never intended a Crooked Line.

3dly As to the Northern Boundary we object against that part of the Judgm that says "through the mouth of Piscataqua Harbor & up the middle of the River," Because we humbly conceive that Mr. Gorges Patent by which the Massa claim, doth not convey any Right to the River, for the whole of that River and the Jurisdiction thereof hath ever been in the possession of this Province, & never claimed by the Massachusets, and this Province in order to preserve & safe guard the same have alwayes had a Castle and maintain'd a garrison there. And the Comittee appointed by the Gen" Assembly of this Province to lay all papers and Evidences relateing to the affaire of the Lines before the Comissioners are hereby directed to p'sent this vote imediately to the Court of Comiss" for settling the Lines & pray that the same may be entred at Large in their Minutes & made part of their Records. By order of the House of Representatives.

Post Meridiem.

James Jeffrey Cler Ass".

The time to which the Council was adjourned to being past, A Mess was sent to know if the Council were sitting, The Return was, That there was no Council. This being the day the Appeal or Exceptions was to be filed and it Drawing neare sun setting, Another Mess" was sent to know

if there was a Council. The Messa Return'd for answer, That the Secretary told him there was no Council that he knew of, and that his Excelly was not known to be in the Province. Then the House ordered the Committee to hasten away, and file the Exceptions, as they were drawn, & voted by the House.

Mr. Hugh Adams bro't in a Petition [P. 515] which was ordered to lye till the House had more time.

In the House of Representatives

Voted, That Mr. Speaker Wiggin, John Rindge Esqs, Mr. Samuel Smith, Mr. Geo. Walton, Capt John Smith Mr. Jotham Odiorn & Mr. Thomas Packer be a Comittee in behalf of this House to Represent to his Majtie by a Memorial the Difficulties that we have met with in the affaire of the Dividing Lines between this his Majties Province and that of the Mass and with all humility to beg his Majties most Gracious favor therein.

Wheras the charges of the Comiss about the affair of the Boundary Lines, the Entertainm' of them & those appointed & obliged to attend upon them & assist in that affaire has been attended with very great Expence, an account of the same so far as is paid has been now laid before the Assembly, & there is yet a considerable sume wanting for payment of the further charges of the Comiss & other charges yet not Bro't in & must imediately be paid, and whereas there is £500 Blanck Bills now in, Therefore Voted that the £500 Blank Bills aforesaid be imediately signed off by the signers that sign'd the last Emittion & put into the Treasury for the paymt of the Comiss's & charges Relating to the Boundary Lines, to be paid into the hands of the Comittee already appointed in that affaire & that they render an account thereof to the Gen" Assembly, how expended, and that it be paid into the Treasury by a Tax on the Poles & Estates of the Inhabitants of this Province by the 25th of December in the yeare 1740, and that an Act be Drawn up accordingly. 8th 14, 1737.

Then the House adjourned to the 15th currt.

[P. 516.]

Saturday October 15th A. D. 1737.

Province of New hampshire.

In the House of Representatives.

Voted that the Comittee appointed by the Province to lay

all papers, &c. & to entertain the Comiss's in the affaire of the Lines be and hereby are directed & impowered to settle the accounts of charge in that affaire (according to the Judgm of the Comiss) with the Comittee of the Mass Bay, and to pay or receive any Ballance that shall appeare to be due, & if said Comittees cannot agree Then to give said Accounts to the Comiss" and pray them to tax the same

as cost.

8r 15th 1737. Sent up for concur.

Whereas the Province of the Mass Bay has Entred their Appeale in form against the Judgmt of the Honble the Comiss in the affaire of the Lines, and for defending the same, and for Prosecuting that affaire on the part of New hampshire before his Majtie in Council, And Whereas John Thomlinson of London, Esq. hath hitherto as agent managed that affaire with extraordinary care and dilligence, Therefore, in the House of Representatives, Voted, That the said John Thomlinson be and is hereby desier'd and Impowered to carry on that affaire as agent for the Province of New hampshire before his Majesty in Council.

October 15th 1737.

James Jeffry, Cler. AssTM. Whereas the affaire of the Lines Require money to carry on that affaire now before his Majte in Council, Voted, That there be £1000 in Bills of Credit Emitted & struck off on the new Plates, one Quarter part thereof on the Small Plate & three Qua' parts thereof on the Great Plate, & Signed off by the last signers of the Bills & put into the Treasury for the use [P. 517] afforesaid, and for a fund for payment of the same, That it be paid into the Treasury by a Tax on the Poles and Estates of the Inhabitants of this Province the one half thereof in the yeare 1738 and the other half in the yeare 1739 and that an Act be drawn up accordingly and that the same be paid into the hands of Mr. Speaker Wiggin & John Rindge Esqs. with such as the Honble the Council shall appoint to receive the same for the use aforesaid and that they render an account of the same to the Gen" Assembly how Expended.

A Mess pr Mr. Secretary that his Excell adjourn'd this Ass to Monday next 10 o' the clock and then Declar'd the Assembly adjourn'd accordingly.