The Upper House. 377

And as to the Payment of Thirty Thousand Pounds of
Tobacco for Indian Neck it appeared to our House that Major
Sewall could have had the same Price from other People, was
the Land clear of its publick Incumbrance. And we conceive
it inconsistent with the Rules of Justice to oblige a man to
take less for Land that is taken from him for the publick Good
than he might sell it for to his neighbour; and therefore con-
ceive if Major Sewall has a Right to the Land (w^ch we think

U. H. J.

has been granted) that he ought to have the value of it; if he
has no Right he ought to have nothing
Signed p order M Jenifer Cl Lo: Ho.

A Bill from the Lower House by Cap^t Harrison and Three
others to prohibit the clandestine running of Tobacco into any
of the neighbouring Colonies. Also
Another Bill from the Lower House by Col Watts and M^r
Hudson directing how Fines shall be adjudged against such
as neglect to appear at Musters both of them thus endorsed
(Viz.)

By the Lower House of Assembly Oct^r the 31^st 1722

Read the first and second Times by especial order and will
pass
Signed p ord^r M Jenifer Cl Lo Ho.

A Messags from the Lower house by M^r Sherwood & M^r
Dunn, viz.

By the Lower House of Assembly Oct^r the 31^st 1722
May it please your Honours.
We have consider'd M^r Piper's Petition and agree that the
Proposals will be of Service to the publick and therefore are
willing to give him all reasonable Encouragement from Time
to Time, so far as will be consistent with the Justice of this
House, and that he have the Liberty of printing the Acts of
this Province that shall be made for the future for the use
of the publick, with which we desire your Honours' Concur-
rence
Signed p Ord^r M: Jenifer Cl Lo Ho.

All which Bills and Messages are ordered to lye on the
Table.
Adjourn'd till to morrow Morning nine of the Clock

P. 38