556 Proceedings of the Council of Maryland, 1694 97.

        Lib. H. D.     been ffinished, or at least closed in long ere this; who doe

               say it might; the Bricklayer affirming that if he had due tend

               ance and materialls ready, should have done the Brick work

               in 3 months time they are asked whether the work that is still

               to doe may be done this Winter, who make Answer that it

               may in every respect, as well as in Summer except the plas

               tering Worke. They are Ordered to withdraw.

               The Lawyrs The Lawyers are asked their Opinion (consider-

               are asked

               their ing how Circumstances are) whether or no the

               Opinion money allotted to the sd Coll: Herman in the hands

           p. 433 of Majr Thomas Smithson Treasurer for the Eastern Shore

               may not be legally stopt together with part of his publick

               Tobacco, answerable to what may ffinish the sd House who

               give their Opinion that the same is Justifyable Enough in such

               a Case as this, where the Publick Intrest is concern'd in

               respect he has taken upon him to do a thing that he has not

               perform'd, wch is likewise agreed to, and is the sense of this

               Board and of the Justices and Burgesses prsent, and there

               fore Resolved and Ordered that the sd money allotted him in

               Majr Smithsons hands and the Tobo allowed him in the hands

               o the Sheriff of Talbot County this year be stopped and not

               paid him untill the sd House be fully Compleated and ffinished

               and that Coll: Herman be immediately sent to and have Notice

               thereof accordingly and further that if upon such Notice given

               the sd Coll: Herman do not imediately send down Workmen

               and materialls in Ordr to the Speedy Carrying on the sd Work

               (it being adjudged that what Remains to be done may be well

               Enough effected this Winter, unless the plastering Work),

               That Workmen be forthwith imprest and imployed and ma

               terialls necessary found for carrying on the sd Worke remain

               ing still to be done to be paid out of the sd money and Tobo

               stopt hereby appointing that Majr John Hamond Capt Richard

               Hill and Majr Edward Dorsey to take Care to provide all

               Workmen and materialls Necessary in Ordr to the Speedy

               Carrying on the sd Work and that they duly oversee the same.

               Ditch to be It being Represented by his Exncy that he has had

               made abt generall and frequent Complaints from Severall

               the Town in persons about their losing their Horses out of the

               the piace of

             the ifence     pasture, and some quite lost and other some shott,

                      therefore proposed that for the future Security of

               the Horses coming here there be a ditch made in the place

               where the ifence Runs, ifour ifoot deep and Eight ifoot broad

               with a draw bridge over it and a little House to be built on

               Each Side thereof, the which is Unanimously Agreed to, that