The Lower House. 139

against Philemon Hemsley and Mary his Wife lately called
Mary Contee about embezzling some of the Arms and Am-
munition of this Province delivered out of the publick Stock
at Annapolis in the Year 1706 to Col^o John Contee deceased
thought fit to call the said Philemon and Mary before the Bar
of this House to answer the same. On Examination of whom
it fully appears that the said Philemon and Mary his Wife as
She is Exx of the said Col. John Contee are still accountable

L. H. J.

to the Public for 1 Barrel of Gunpowder cont. 10011 Wt one
Barrel Musquet Shot, three p Pistols one Cutlass with Belt
two Drums and two Musquets they having produced no Re-
ceipt of the Delivery of the same by Col^o Contee in his life
time or themselves since to any Person qualified to discharge
them. Therefore we pray your Excy and Honours will order
such effectual Care may be taken that the said Philemon and
Mary his Wife may by obliged to make Satisfaction for the
said Deficiency that Embezzlements of the Magazine may be
discouraged for the future.
Signed p order Thos Macnemara Cl. Ho. Del.

The same is sent up to the Honble Council by Mr Joseph
Harrison and Mr Thomas Stone.
They return and say they delivered the Message.
Ordered the said Philemon Hemsley and Mary his Wife
pay unto Thomas Macnemara Clerk of this House for all the
Care and Trouble he has taken about the said Complaint the
Sum of five Hundred Pounds of Tobacco; and to the Serjeant
attendant of this House the Sum of one Hundred Pounds
Tobacco; To the Doorkeeper of this House the Sum of fifty
Pounds Tobacco.
The House adjourns till to Morrow Morning Eight O'Clock

Wednesday Morning 11th May 1715

The House met according to Adjournment. Present as on
Yesterday.
Then was read the Proceedings of this House on Yesterday
The Petition of John Smith Heir at Law and Grandson of
Henry Smith late of Somerset County deceased as well on
the Behalf of himself as on the Behalf of John Evans of Acco-
mack and Thomas Summers Assignee of Thomas Davis who
was the Devisee of John Bassell being read this Day in the
House is referred to the Consideration of next Sessions of
Assembly Notice to be given by the Petitioner to all the
Parties concerned to appear then by delivering a Copy of the
Petition and Order to the Parties concerned.

p. 523