The Newhampshire gazetteer — Exeter, N.H., 1792-05-09 00:00:00, page 2

appoint clerks in their refptdive
courts who shall be under oath for
the faithful discharge of the duties of
said office, arid who 'fhall hold their
offices daring the pleafare of the
court..
16. Artd.be it further enaded. That
the justices of the court of common
pleas and the justices of.the fuperiour
court of judicature, where the forfei
ture or penalty of any obligation with
a condition underwritten, or a penal
ty annexed, to any Articles, agree
meats covenants, cbutraQs, charter
party or other specialty or forfeiture
of any estate, granted upon condition,
executed by deed of mortgage or bar
gain and sale, with defeasance, shall
be found by verdi& of a jury, or by
default or confeffion of the obligor,
mortgager or vender, or upon demur
rer ; are hereby empowered and au
thorized refpedively to chancer such
forfeiture, and to make up judgment
thereon for the plaintiff, for such fom
as is due according to equity arid
good conscience, and to award execu
tion accordingly. Butin actions up
on mortgage or deed of bargained
sale with defeazance, the judgment
• shall be conditional ; that if the mort
gager or vender, his heirs, executors
or administrators, Shall pay unto the
mortgagee or vendee, his executors,
administrators or assigns, such fam as
the courtJhall adjudge due, within
two months from the time of entering
judgment, with interest, then the
lame mortgage or deed of bargain and
sale shall be void and difcharged,other
wife that'the plaintiff shall have his
writ of peffeffion.
Provided always, That when any
aßion shall be brought and prosecuted
on any bond or other specialty, with
penalty for the payment of any sums
of money, performance of covenants,
contrasts, agreements, matters or
things to be done at several times,
some of which times shall not have ex
pired, and the plaintiff recover the
forfeiture of any such penalty, the
court shall enter up judgment for the
whole of such forfeiture, and award
execution only for so much of the
debt or damage as is justly due or
sustained at th.at time ; and the plain
tiff, his executors or administrators,
at any time afterwards may have
from the court where such judgment
was rendered, a writ of fcire facias as
rainft the defendant, his heirs, execu
:prsor aminiftrators, to shew cause
vhy execution Should not be awarded
spon said judgment, for other and
farther damages, by reason of the non
performance or the breach of the con
n-ads,covenants,agreements or things
f 4 such bonds or specialties contained,
ind the time for the performance of
zhich had not elapsed at the timeof
,warding execution as aforefaid.
17. And be it further enaaed, That
foe time?and places for holding the
Fuperiour courts of judicature, courts
of common pleas & courts of general
feffions of the peace in the reipedive
counties, shall be as follows :
The superior-court of judicature
shall be holden at Dover, for the coun
ty of Strafford, onihe second Tuefday
of April ; and at a place called New-
Durham Gore, in said county, on the
second Tuefday of September arinu
'' And for the county of Rockingham,
it Portsmouth on the fourth Tuefday
of April ; and at Exeter on the third
Tuefday of September annually.
journment, or at any adjournment, a
quorum of said coart Cannot attend,
one or port pf~th, jifticts present;
Shall hake power to-tondnuSallguDs
then pending in the fame court to the
next stated term.
15. And be it further enaaed, That
the justices of the said superior court
of judicature, coqrt of common pleas
and court of general feffibns of the
peace, be and hereby are refpeQively
empowered to make necessary rules
for the more orderly" pradifing in
their refpedive courts, provided the
said rules be not repugnant to the con
ftitulion and laws of this state ; and to
Ihave the honour to laybefore you
a communication from Mr, Hammond,
Minister Plenipotentiary of his Bri
tannick Majesty, covering a clause of
a statute of that country, relative to
its commerce with this, and notifying
a determination to carry it into exe
cution henceforward. ——Conceiving
that the determination announced
could not be reallymeant as ex tensive,
ly as the words import $ I asked and
received an explanation from the
Minister, as expressed in the letter,
ah answer herein enclosed : And or
consideration of all cireamftaoces, ' I
cannot bat confide in the opinion
And for the county of Hillsborough,
at Amherst onlhe second Tuefday of
Max and the firft Tuefday of October
annually^ , ''
And for the county of Cheffijre, at
Charleftown on the third Tuefday of
May ; and at Keene, on the third
Tuefday of Odober annually: &
And for the county of Grafton, at*
Plymouth on the fourth Tuefda^^lf
May ; and at Haverhill on the fourth
Tuefday of October annually. -
And the court of common-pleas for
the county of Rockingham, shall be
holden atPortfmouth on the firftTuef
day of February, and the fourthTuef
day of May ; and at Exeter on the
second Tuefday of August and the firft
Tuefday of November annually. ,
For the county of Strafford, at Do
ver on the third Tuefdavs of Februa
ry and June ; and at said place called
New Durham Gore,on the thiidTuef
days of August and November annii
aliy.
For the county of Hillfborough, at
Amherst on the fecund Tuesdays of
March, June and December, and the
firft Tuefday of September annually.
For the county ofChefhire,atKeene
on the third Tuesdays of March and
June ; and at Charleftown the fourth
Tuefday of September and the third
Tuefday of December annually. ,^
The following meffage^ and the papers ac^
companying it, were read in the Henjt
of Representatives on Frida, lad.
Gentlemen oftheHoufe ofßeprefentat{<)€:•
IHAVE thought it proper to lay be
fore you a Communication of the
11th inftant,frqm the Minister pleni
potentiary of Great-Britain, to the
State, relative to the commerce of th,
2 countries ; together with their ex
planatory correspondence, and the Se
cretary of State's letter to me on the
fubjea. G. WASHINGTON/
~Apriliyb 1792^
For the county of Grafton, „at Ply
mouth on theThurfday next following
the firft Tuefday .of September; and
at Haverhill on theThurfday next fol
lowing the firft Tuefday of March an
nually..^ ~
For the county of Grafton, at Ply
mouth on the firft Tuesdays of Sep
tember and December ; and at Ha
verhill on the firft Tuesdays of March
and June annually. =,
The court of general-sessions of the
peace, shall be holden for the county
of Rockingham, at Portsmouth on the
second Tuefday of February ; and at
Exeter on the foarthTuefday of August
annually.,
For the county of Strafford, at Do
ver on the Thursday next following
the third Tuefday of Frebruany ; and
at said place called New-Durham
Gore,on the Thursday next following
the thirdTaefday of August annually.
For the county of Hillsb orough, at
Amherst on the Thursday next follow
ing the second Tuefday of March, and
the i ftTuefday ofSeptember annually.-
For the county ofChefhire,atKeene
on the Tuefday next following the
third Tuefday of March; and at
Charleftown the firft Thursday next
following the fourth Tuefday of Sep
tember annually. .
AMERICAN STATE PAPERS. ,
PHILADELPHIA, APRIL !,.
Philadelphia, 13th, April.- 1792.
'Sir,'
AND be it further enaded by the au
thority aforefaid, That no goods or com
modities whatsoever; of the growth,
produaion, or manufaaure 6, Africa,
Asia or America, or of an, part thereof
which are defcribbd or laid down in the
usual maps or charts of those places, be
imported into England, Ireland, or Wales,
iJldnds of Guirnfe, and Jerfe,, or town
of Berwick upon Tweed, in an, ot,er
Jhip or (hips, wefel or itfflf, what
soever, but in such as do truly and with
out fraud, belong only to the people of
England or Ireland, dominion 0, Wales,
or town of Berwick upon Tweed, or of
the lands, plantations or territories in
Asa, Africa or America, to bis Majesty
belonging, as the proprietors and right
owners thereof, and whereof the maflor
and three fourths at le^ft of the mariners
are EngliJh, under the penalty of thefor
feiture of all such goods and commodities,
and of the /hip or vtfel in which the,
were imported,with, all her,guns, tackle,
furniture, ammunition and apparel, one
moiety to bis Majefy,Bis beir, and juc
coffers, and tbe ot er moiet, to him or
them who Jhallfeize, inform, orfue for
the fame, in an, court of record, b, bill,
information, plaint, ,r qtber a^ion,
wherein no efoine, proteaion,,or wager
of law.fhall be allowed, ir
expressed by him, that its foie object
is to exclude foreign veffeto&om the
f&gds of ^flfo and Gucr^/%
The Want ofproportion between the
motives eXpreffed and tile mekure,
; its magnitude and confcqc.nces, tothl
Silence as to, the proclamation on
which the intercourse between the two
countries has hither to hung, and of
which, in this broad sense, it would
be a revocation, and the recent man
ifestations of the disposition of that
government to concur with this in
mutual offices of friendship and good
will, Support his conftru&ion. The
Minister moreover, assured me ver
bally, that he wculd immediately
write to his court for an explanation,
and in the mean tithe is of opinion,
the usual intercourse of commerce be
tween the two countries (Jerfe, and
Guernsey excepted) need riot be sus
pended.,
I have the honour to be, with senti
ments of the most profound refpe&
and attachment. Sir, your mast obe
dient and most humble Servant.
Philadelphia, April 121^,792.
I -SIR, - ...
I am this moment favored wjth the
letter you did me the honpur of wri
ting yesterday, covering the extras of
a British ftatute,forbidding the admis
sion of foreign, veffeb into any ports
of the British dominion, with goods
or commodities pf the growth, pro
dupion or manufaaure of America.
The effed ofthis,appears to me so ex
tensive, as to induce a doubt whether
I understand rightly the determina
tion to enforce it, which you notify
and to oblige me to ask of yog whe
ther we are to consider it so. far a re
vocation of the proclamation of your
government, regulating the commerce
between the two. cpuptrie,, and ;that
henceforth no articles of the growth.
I have received by a circular dis
patch from my court, directions to
considerable inconveniences having
arisen from the importation of To
bacco in foreign vteSfels into the ports
of his Majesty's dominions, contrary
to the a& of the tzth Charles 11.
chap. 18, fed. 3. (commonly called
the navigation ad) it has been de
termined in future Strictly to enforce
this claufe,of which I take the liberty
of inclosing to you a copy, and I have
the honor to be, with perfect esteem
arid refpe&, Sir yout most obedient
humble fervaht.
(Signed) G. HAMMOND.
Mr. Jeferjon.
TH. JEFFERSON.
The President of)
the United State;. J
izCar.ll Chap. 18, Se&. 3.
Philadelphia llthApril, 1792.
SIR,
production or manufa&ure of the Uni
ted States are t&be recived in theoorts
ofGreat.Britai^or Ireland, in Veffch
belonging ti 6 tie United States ?
;1 have tlfc hiaoOT to be, wiih^iti
ments of the most prefect eneem an^
reSpeCt, Sir, your most obedient and
mod humble fervent, - ^-
(Signed) TH: JEFFERSON. ~
Th) Mini,er Plenipoteni+aY, of Great
Britain.
The Committee report, that it is their
opinion, -?#
1. The Standard for the meafares and
weights of the United Stares, be a
uniform cylindrical rod of iron, of
such length as in latitude 45°-in the
level of the ocean, and in a cellar of
uniform natural temperature, Shall
perform its vibrations in small and
equal arcs, in ORe fecood ofaean time.
2d. That the president of the Uni
ted States be rebuffed ip have fuel )a
Standard rod provided; that it be pre
pared with all the accuracy which the
importance of the bbje& merits and
circumstances admit ;=that thfo be
done by aQual experiments under the
parrallei of^fflatitude complete,or by
aPual experiments, rectified by due
allowances, under any other parrailel,
where a superiority of means for ac,
curate experiment ma, promise on
the whole greater truth in the result,
~ That the expenses of the men
fares he ShaU adopt for this pyrpofe,
not exceeding ndollars, be
defrayed by the publick- , ~
y ,- That the Standard rod so to,be
provided, shall be divided into fivp
equal parts, one of which to,be called
a foot, Shall be theunit of measures of
length for ; the United States.
That the foot Shall bf divided into
10 inches., ;
The inch into to lines, t ,
^The Jine into ,10 points, ^nd
-That 10 feet make a decad,
^i© decads^a rod^.... ^,,
10 rods a furlong, ,
And\L(hfurlongs a mile.
< *5.1 That, measures of forface in the
United States, be made by facades of
the measures of length and §hat in the
case of lands, the unit Shall be a Square,
whereof every Side Shall be an hun
dred feet, to be called arood.
That each rood be divided into
tenths and hundredths. 1
That io roods make a double acre,
Andiodoubie acres a square furlong.
6. That the unit ofmeafures oftapa
In answer to your letter erf thirdirT; —
I have the honour of observing, that
I have no other instructions upon the
fubjeC tof my communication than
Such as are contained in the circular'
dispatch, of which I stated the purport *
in my letter dated yesterday, 1 harc^
however, no difficulty iri alTariDg you,
that the result of my personal convic
tion is, that the determination of his•
Majesty's government3o enforce the
clause of the a& of n^vigatjon (a copy
of which 1 transmitted to you) with
refpeCt th the importation oincom-'
moditjes in foreign vessels, has ori
ginated in consequence of the many
frauds that have taken place in the
importation of tobacco into his Ma-*
jefty'sdominions, in foregn veffeis
and is not intended to militate against
(he proclamation, of order of the Kirig
in Council,regulating the commercial
intercourse between Great Britain
and the United States, which I have
every reason to belfeye Still exists in
full force, as 1 have rot had the most
dinant intimation of its being revo
ked.
I have the honour to be, with the
most perfect esteem and consideration.
Sir, You most obedient humble fet
vant
(Signed) GEO. HAMMOND.
Mr- Jtferfn.
RE PORT
Os the Committee of the FEDERAL
SENATE on the jubjea of WEIGHTS
and MEASURES.Z
Philadelphia, April 12, 179 29 -
Sir, _