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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
February 06, 1739 - March 06, 1739
Volume 04, Pages 355-380

[B. P. R. O. Am: and W. Ind: Vols. 23 and 25]
LEGISLATIVE JOURNALS.

North Carolina—ss.

At a General Assembly begun and held at Newburn on Tuesday the sixth day of February in the year of our Lord one thousand and seven hundred and thirty eight [1739] and in the twelfth year of His Majestie's reign.

Present
The honble Nath: Rice Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Robert Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House

This House was pleased to appoint Edward Moseley and Roger Moor Esqrs Members of this Board to administer the Oaths by Law appointed for the qualification of Publick Officers, to the severall Members of the House of Burgesses.

Then the House adjourned until tomorrow morning at ten of the clock.


Wednesday the seventh The House met according to Adjournment.
Present The honble Wm Smith Esqre President.
The honble Nath: Rice Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Robt Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen
The honble Roger Moore Esqr Member of the Upper House.

And adjourned untill tomorrow morning ten of the clock.

-------------------- page 356 --------------------

Thursday the eighth. The House met according to adjournment.

Present The honble Wm Smith Esqre President.
The honble Nath: Rice Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Robt Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen
The honble Roger Moor Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Then His Excellency the Governour came to the House and was pleased to order the immediate attendance of the House of Burgesses. Who accordingly came

Then he was pleased to direct them to return to their House and choose them a Speaker.

Whereupon they returned and acquainted His Excellency they had choose William Downing Esqre their Speaker, and presented him to his Excellency for his approbation.

Then his Excellency was pleased to make the following speech to both Houses in these words vizt:

Gentlemen of His Majestie's Council and of the House of Burgesses.

I have called you together some weeks sooner than I intended because I found it the unanimous desire of the Inhabitants of all ranks, and would willingly make the inclinations of the People the rule of my Administration, whenever I can do it by methods consistent with my Duty to the King & my own honour.

Gentlemen of the House of Burgesses.

I hope you are met together with firm resolutions to promote the publick good, and extinguish those divisions and animosities which have so long prevailed, and to relieve this unhappy Colony from those Calamities it has so long groan'd under.

To encourage you to sett about this in the most effectuall manner, I shall inform you that all those disputes concerning the Rights and Revenues of the Crown which have been carryed on with so much warmth for some years past and which engross'd the attention of former Assemblys are now fairly stated on both sides, and laid before His Majesty, and am well assured will speedily be determined in such manner as to render it impossible for any person whatsoever to revive for the future. So that there is nothing now to prevent you from applying yourselves to redress those real undisputed grievances which are of infinitely greater consequence than any of those about which so much noise has been lately made.

-------------------- page 357 --------------------

The establishment of the Publick worship of Almighty God, as it is the great foundation of the happyness of society, and without which you cannot expect His protection deserves your earliest care.

That in such a wide extended Province as this is inhabited by British Subjects, by Persons professing themselves Christians there should be but two Places where Divine service is regularly performed is really scandalous it is a reproach peculiar to this part of His Majestie's Dominions which you ought to remove without loss of time.

Your Laws which are at present dispersed in a few obscure, incorrect coppys ought to be carefully revised, and printed that the Magistrates may have a more plain and exact notion of those Laws they are to execute and the People you represent may be better acquainted with a matter on which their own, and their Posteritys lives and fortunes so much depend.

Your Trade Gentlemen has been always in so languishing a condition that it is surprising no attempts have ever been made to setle it on a right bottom and the poor appearance of it we have still among us, seem every day to decay.

As things at present stand, the People are impoverish'd and yet the Merchant not inriched, the Planter gets but a Trifle for the fruits of all his labours and the Trader not capable of making any returns.

It is highly incumbent on you Gentlemen to search this evil to the bottom, and not to suffer yourselves to be amused with superficial remedys.

If you do not think proper to give effectual encouragement for raising some produce, that will bear a price in British markets I am afraid all your other endeavours will be to little purpose.

Your imports will always hold a proportion to your exports, and if nothing is sent abroad, but what is a Drug in foreign Marketts, you can bring nothing home but the refuse of those Marketts and that at an extravagant Price too.

I should be glad Gentlemen if you would take these Subjects into your serious consideration; you would soon find a very sensible and happy alteration, both in Publick Affairs and your own Private fortunes, if the Assemblies of this Province would employ more of their time in adjusting such important points as those And not so much of it in Matters of less moment and which hath hitherto produced nothing but a great deal of unprofitable strife & contention.

Then His Excellency was pleased to leave the House.

Then the House was pleased to appoint Eleaz: Allen, Edwd Moseley and Roger Moor Esqrs a Committee to answer His Excellency the Governours speech.

Then the House adjourned until 3 of the clock in the afternoon.

-------------------- page 358 --------------------

Post Meridn The House met according to Adjournment.
Present The honble Wm Smith Esqre President.
The honble Nath: Rice Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Robt Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen
The honble Roger Moor Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Mr Allen from the Committee appointed reported the Address of the Board to the Governour's Speech.

Which was accordingly read in these words vizt

To his Excellency Gabriel Johnston Esqre Captain General and Governour in Chief of His Majtie's Province of North Carolina.

The humble Address of His Majestie's Council of North Carolina now met in General Assembly.

We the King's most dutyfull and loyal subjects the General Assembly of North Carolina return your Excellency our hearty thanks for your Speech made at the Opening of this Session of Assembly, We are of opinion with your Excellency that the Establishment of the worship of Almighty God in this Province merits our chiefest care.

We shall therefore apply ourselves to consider the most proper methods, to make farther provision for the maintaining of an orthodox clergy among us. Next to this, Your Excellency wisely judges that the Trade of this Province deserves our greatest attention, we are very sensible of the many disadvantages this Province lyes under in this point, and we cannot say that former Assemblys have been wanting in their endeavours to promote our Trade, tho' they have prov'd fruitless. Notwithstanding our best endeavours shall not be wanting to aford such a reliefe as so great an Affair deserves.

Your Excellency has very justly observed the necessity of reviseing and printing the Laws of this Province, we propose to take the same under our consideration, and to direct the printing of them, when they shall have passed a revisal; whereby the Magistrates may become more sensible of their duty and the People of this Province better acquainted with what so nearly concerns them.

We are very sorry there have been any Occasion for the heats and uneasinesses which have happened in this Province, but since your Excellency assures us that there is an end likely to be put to them, by his most gracious Majesties interposing his Authority, we shall readily consider the things which your Excellency has recommended without any heat or unnecessary delay, the Members of this House being met with a firm resolution of doing everything in their power that they conceive may be for his Majestie's interest and the welfare and happyness of this Province

-------------------- page 359 --------------------

Which the House approved of and ordered to be engross'd.

Then the House adjourned untill to morrow morning ten of the clock.


Fryday the ninth The House met according to Adjournment.
Present The honble Wm Smith Esqre President.
The honble Nath: Rice Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Robt Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen
The honble Roger Moor Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

The honble Robert Halton, Eleaz : Allen, Roger Moor Esqrs are appointed by this Board to waite upon his Excellency to know when he would be pleased, the House should waite upon him with their Address.

Who immediately returned and reported that His Excellency gave for answer—As soon as they pleased.

Whereupon the House forthwith waited upon his Excellency with Address.

Then Mr President read the same to his Excellency. And his Excellency was pleased to return thanks to the House for the same.

Whereupon they returned to the House.

Then Sir Richard Everard and Benj: Peyton brought up the following message from the Lower House in these words vizt

May it please your Honours,

This House having occasion to call upon John Carter a Deputy Marshall to attend us upon a controverted election the said Carter sent a very abusive and saucy answer to our House, and the House since understanding the said Carter to be a servant in attendance on your Honours We pray that your Honours will direct the said Carter to attend our House to answer the said contempt, that proper measures may be taken with him for the same.

On reading the same this House was pleased to send the following Answer vizt

Mr Speaker & Gentlemen,

In answer to your message relateing to Carter and the abuse offered by him, to your House as we can make no Dispute of the matter of fact and he being a Servant of Ours we are willing to give you any satisfaction the nature of the thing requires, but cannot consent to the sending him to you for punishment, because we take it to be the undoubted right of either House to punish their own Officers, to preserve therefore, the good harmony, we hope will always, subsist between us We have ordered Carter to wait on you, & ask pardon for his offence on his knees.

Then the House adjourned until 3 o'clock in the afternoon.

-------------------- page 360 --------------------

Post Meridn The House met according to Adjournment.
Present The honble Wm Smith Esqre President.
The honble Nath: Rice Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Robt Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen
The honble Roger Moor Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Mr Benj : Hill & Mr John Swan brought up the following Messages.

May it please your Honrs

As this House conceives it to be the undoubted right of the House to punish all persons for Offences committed against them at their own discretion Notwithstanding the House being willing to avoid any Dispute with the Upper House at this time on that head, have ordered the said Carter to ask pardon on his knees, for the Offence, and that Mr Speaker reprimand him.

May it please your Honrs

This House having appointed a Committee to joyn such members of your House as your Honrs shall think proper to draw and prepare a Bill for the paymt of His Majesties quit rents, and this House having appointed another Committee to joyn such of your House as your Honours shall think proper, for receiving and setling the claims of the said Province for Publick Services, are ready to proceed on the said Business.

To which this House was pleased to send the following answer Vizt

Mr Speaker & Gentlemen,

In answer to your message by Mr Hill and Mr Swan We have appointed Mr Allen, Coll : Moseley and Coll : Pollock a Committee of your House, on the Bill for His Majesties quit rent and Coll. Halton and Mr Rowan on settling the claims, who will be ready tomorrow morning.

Then the House adjourned until tomorrow morning 10 of the Clock.


Saturday the tenth. The House met according to adjournment.
Present The honble Wm Smith Esqre President.
The honble Nath: Rice Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Robt Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen
The honble Roger Moore Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

And adjourned until three O'the clock in the Afternoon


Post Meridn The House met according to Adjournment.
Present The honble Wm Smith Esqre President.
The honble Nath: Rice Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Robt Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen
The honble Roger Moore Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

And adjourned until Monday morning ten of the Clock.

-------------------- page 361 --------------------

Monday the twelfth The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moore Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

And adjourned until three of the clock in the Afternoon


Post Meridn The House met according to adjournment.
Present The honble William Smith Esqre President.
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moore Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

And adjourned until to morrow morning ten of the clock.


Tuesday the thirteenth The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moore Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Mr Blunt & Mr Butler Brought up a Bill for an Act for facilitating the navigation of the severall Ports in this Province and for buoying and beaconing the Channels leading from Occacock Inlet to Edenton, Bath Town and Newbern, and from Topsail Inlet to Beaufort Town, and for providing Pilots for the safe conduct of Vessells.

In the Lower House read the first time and pass'd.

Then the House adjourned untill three of the clock in the afternoon.

Post Meridn The House met according to Adjournment. Present The honble William Smith Esqre President

The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Read the Bill for an Act for facilitating the navigation of the severall Ports of this Province.

And ordered to lye upon the Table.

Then the House adjourned until to morrow morning 10 of the clock.

Wednesday the fourteenth The House met according to Adjournment. Present. The honble William Smith Esqre President.

The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Sir Richard Everard & Mr John Swan, Brought up the following messages.

-------------------- page 362 --------------------

May it please your Honrs

This House having appointed a Committee, to joyn those Members of your House as your Honours thought proper, for setling the publick Accounts, are ready to proceed on the said Business.

Sir Richard Everard & Mr John Swan also Brought up the following Bill vizt

A Bill for an Act appointing Sheriffs in the room of Marshalls in each Precinct of this Province, and for prescribing the method of appointing them, & limiting the time of their continuance in Office and directing their Duty therein.

In the Lower House read the first time and pass'd.

In this House read & Ordd to lye upon the Table.

Then the House adjourned until 3. of the clock in the Afternoon

Post Meridn. The House met according to adjournment. Present. The honble William Smith Esqre President

The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

And adjourned till to morrow morning ten of the clock


Thursday the fifteenth The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

And adjourned until 3 o' the clock in the Afternoon


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz : Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Sir Richard Everard & Mr Montgomery Brought up a Bill for an Act for providing His Majesty a rent roll for securing His Majesty's Quit rents and for quieting the Inhabitants in their possession, and for better settlement of His Majesty's Province of North Carolina.

In the Lower House read the first time and passed.

In this House read and Ordered to lye upon the Table.

This House was pleased to appoint the honble Eleaz : Allen and Roger Moor Esqrs a Committee of Our House to finish the settlement of the Publick Accounts, and Ordered the following Message be sent vizt

-------------------- page 363 --------------------

Mr Speaker & Gentlemen,

Eleazer Allen and Roger Moor Esqrs are appointed by this House, to joyn your Committee to inspect into the Publick Accounts.

Read the Bill for an Act for facilitating the Navigation of the severall Ports in this Province

The first time and passed with Amendments.

Read the Bill for an Act for appointing Sheriffs &c. The first time and passed

Mr Lovick & Mr. Starkey Brought up a Bill for an Act to erect a sufficient Goal, and an Office or Place for safe Keeping the Records of the General Court, and for repairing the Court House at Edenton, and for other Purposes therein mentioned.

In the Lower House read the first time and passed.

Mr Sinclare & Mr Dawson Brought up the following Bills vizt

A Bill for an Act for Encouragement & better regulation of the Town of Edenton.

A Bill for an Act to prevent killing Deer at unseasonable times.

A Bill for an Act for finishing the Court House and Prison of Onslow County.

A Bill for an Act for destroying Vermin in this Province.

A Bill for an Act to appoint that part of Bertie Precinct lying on the South side of Rhoanoke river, be a distinct Precinct & Parish by the name of Edgcomb Precinct and Parish.

A Bill for an Act to prevent injurys being done by killing mismarking & driving away Peoples stocks.

In the Lower House Read the aforesaid Bills & pass'd.

Then the House adjourned until tomorrow morning Ten of the Clock.


Fryday the sixteenth The House met according to Adjournment
Present The honble William Smith Esqre President.
The honble Robert Halton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen Esqr Member of the Upper House.
The honble Roger Moor Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Read the Quit Rent Bill The first time and passed with Amendments

Then the House adjourned until 3 o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble RobtHalton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen Esqr Member of the Upper House.
The honble Roger Moor Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

The Quit Rent Bill sent down

-------------------- page 364 --------------------

Read the Bill for an Act for finishing the Court House & Prison in Onslow Precinct.

Ordered to lye upon the Table.

The Bill for destroying of Vermin

The Bill to prevent killing Deer

The Bill to prevent killing of Cattle

The Bill for erecting a Goal & Office at Edenton

The Bill for encouragement of the Town of Edenton

Read the aforesaid Bills the first time and passed.

Read the Bill appointing part of Bertie a Precinct & Parish & Ordered to lye upon the Table

Mr Starkey & Mr Lee Brought up the two following Bills vizt

A Bill declareing what shall be deemed a sufficient cultivation of Lands already granted, and hereafter to be granted by His Majesty, and for ascertaining the method of granting lapsed Lands.

A Bill for an Act for better support of the Clergy.

In the Lower House Read the aforesaid Bills the first time and passed.

Then the House adjourned until to morrow morning ten o' the Clock.


Saturday the seventeenth The House met according to adjournment.
Present The honble William Smith Esqre President.
The honble RobtHalton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen Esqr Member of the Upper House.
The honble Roger Moor Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Then the House adjourned untill three o' the Clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble RobtHalton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen Esqr Member of the Upper House.
The honble Roger Moor Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Mr Starkey & Mr Lee Brought up a Bill for an Act for appointing a Town on the Plantation whereon William Webster now dwelleth in Hide Precinct on the West side of Machapungo River.

In the Lower House Read the first time and passed.

Mr Hodgson & Mr Lee Brought up the Navigation Bill.

In the Lower House Read the second time and passed with Amendments.

Then the House adjourned until Monday morning 10 o' the Clock.


Monday the nineteenth. The House met according to adjournment.
Present The honble William Smith Esqre President.
The honble RobtHalton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen Esqr Member of the Upper House.
The honble Roger Moor Esqr Member of the Upper House.
The honble Math. Rowan Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.
-------------------- page 365 --------------------

Mr Peyton & Mr Wilson Brought up the Sheriffs Bill

In the Lower House Read the second time and passed with amendments.

The Cultavation Bill

The Bill appointing a Town on Webster's Plantation

Read the first time and passed.

Then the House adjourned untill three of the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble RobtHalton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen Esqr Member of the Upper House.
The honble Roger Moor Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Mr Hodgson & Mr Anderson Brought up the following Bills

The Bill for erecting a Goal & Office at Edenton

In the Lower House Read the second time and passed with Amendments.

A Bill for an Act for appointing Circuit Courts and for enlarging the power of the County Courts.

In the Lower House Read the first time and passed.

Mr Peyton & Mr Wilson Brought up The Bill for the better regulation of Edenton.

In the Lower House Read the second time and passed with Amendments.

Then the House adjourned until tomorrow morning ten of the clock.


Tuesday the twentieth The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble RobtHalton Esqr Member of the Upper House.
The honble Edwd Moseley Esqr Member of the Upper House.
The honble Eleaz: Allen Esqr Member of the Upper House.
The honble Roger Moor Esqr Member of the Upper House.
The honble Math: Rowan Esqr Member of the Upper House.
The honble Cullen Pollock Esqr Member of the Upper House.

Mr Lovick & Mr Mabson Brought up a Bill for an Act for easeing the Inhabitants, of that part of Craven Precinct, that lyes on the East side of Clubfords Creek on the south side of Neuse river, to the mouth thereof and for adding them to, and thereby enlarging the Precinct of Carteret.

In the Lower House Read the first time and passed.

The Sheriffs Bill Read the second time and passed.

The Circuit Bill Read the first time and passed.

The Bill for the Enlargement of Carteret Read & Ordered to lye upon the Table.

Sir Richd Everard & Mr Peyton Brought up a Bill for an Act for the encouragement of making of Indigo.

-------------------- page 366 --------------------

In the Lower House Read the first time and passed.

In this House Read & Ordered to lye upon the Table.

Mr Forbes & Mr Moore, Brought up the Quit Rent Bill

In the Lower House Read the second time and passed with amendments.

Then the House adjourned until three o' the clock in the Afternoon.


Post Meridn The House met according to adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House

Then the House adjourned untill to morrow morning Ten o' the Clock.


Wednesday the Twenty first. The House met according to adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Mr Maurice Moore & Mr John Swan Brought up the Sheriffs Bill.

In the Lower House Read the third time and passed with Amendments.

Mr Sinclare & Mr Blount, Brought up the Bill for appointing a Town on Websters Plantation.

In the Lower House Read the second time and passed.

Mr Smithick & Mr Lee, Brought up the Cultavation Bill.

In the Lower House Read the second time and passed with Amendments.

Mr Moore and Mr John Swan, brought up the Vermin bill.

In the Lower House Read the second time and passed with Amendments.

Mr Moore & Mr John Swan, Brought up a Bill for an Act for the better ascertaining the fees of the several Officers within this Province.

In the Lower House Read the first time and passed.

Mr Spruil & Mr Rigby, Brought up a Bill for an Act for the effectual establishing a Publick Ferry from Bath Town to Core Point and for preventing any other Ferry within ten miles of the said Bath Town on the same side of the river.

In the Lower House Read the first time and passed.

Mr Brayan & Mr Weeks, Brought up a Petition preferr'd by George Linniton, praying that a Bounty may be given him for the encouragement of raising of Indigo.

-------------------- page 367 --------------------

Sir Richd Everard & Col: Forbes, Brought up the following Message.

May it please your Honrs

It is the Resolution of this House, that all Persons who have any of the Publick Bills of this Province in their hands, made in the year one thousand seven hundred & twenty nine if they do not appear at Newbern Town on or before the twenty fourth of this instant February, and apply to the Commissioners appointed for exchangeing the said Bills to have such Bills exchanged, and that they be precluded from the benefitt of exchangeing them hereafter and that the Commisrs appointed for exchangeing the said Bills, do destroy those Bills they have already exchanged by burning them.

Mr Simon Bryan & Mr William Bryan Brought up the following Message

May it please your Honrs

In the Bill for ascertaining the Officers' Fees in this Province, the Collector & Naval Officers' Fees were omitted by mistake in not tacking them to the Bill. We have sent them that they may be tacked thereto.

Then the House adjourned until to morrow morning 8 o' the clock.


Thursday the Twenty second. The House met according to adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Mr Lovick & Mr Sinclare Brought up the Bill to prevent the killing of Deer.

In the Lower House Read the second time and passed.

Read the Quit Rent Bill The second time & passed with Amendments.

Read the Clergy Bill The first time and passed.

Then the House adjourned until 3 o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Read the Bill for destroying of Vermin The second time and passed

Mr Lovick & Mr Sinclare brought up the Circuit Bill

In the Lower House Read the second time and passed.

As also the Bill for laying a Poll tax, for building a Prison and Stocks on Websters Plantation.

-------------------- page 368 --------------------

In the Lower House Read the first time and passed.

Then the House adjourned until to morrow morning ten o' the clock.


Fryday the Twenty third. The House met according to Adjournment.
Present the honble William Smith Esqre President
The honble Robert Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Read the Sheriffs Bill The third time and passed.

Ordered the same to be engross'd.

Then the House adjourned untill three o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present the honble William Smith Esqre President
The honble Robert Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

The Cultavation Bill Read the second time & passed with Amendments.

The Fee Bill Read the first time and passed.

The Bill for erecting a Goal & Office at Edenton Read the second time & passed with Amendments.

A Bill for an Act for the better ascertaining the bounds of the Lotts in Newbern Town and for appointing Commissioners and regulating other matters relating to the said Town. Read and Ordered to lye upon the Table.

The Bill for the regulation of Edenton. Read the second time & passed with Amendments.

Sir Richd Everard & Mr Montgomery Brought up the following Message,

May it please your Honrs

The House desires a Conference with your House to treat on the following heads contained in the Quit Rent Bill, and that you would appoint a time & place for this House to attend your Honrs for the same purpose.

First. On the Provisional Clause to prevent any construction in that Act to revoke the Grand Deed in all its Points.

Secondly. That the word sterling be struck out in the rateing the Commodities.

Thirdly. That paying the rated Commodities for the Quit rents extend general to all parts of this Province, and the manner of paying them be regulated.

-------------------- page 369 --------------------

Fourthly. That the Clause be again incerted for allowing fifteen per cent for carrying the rated commodities to the Ware houses for payment of Quit rents.

Fifthly. That the Clause be again incerted to limit a time of Distress for the Arrears of Quit Rent now due.

Sixthly. That any payments in Gold or Silver in discharge of Quit Rents, shall be taken in Proclamation money.

On reading said Message the House agreed thereto, and appointed Eleazar Allen, Mathew Rowan, and Edwd Moseley Esqrs to manage the said Conference.

Ordered that a Message be sent to the Lower House in Answer thereto.

Mr Speaker & Gentlemen,

As we are willing to conclude the Debates of the Quit Rent Bill, in such a manner as becomes the two Houses, We readily consent to the Conference, you have desired, On the severall heads, mentioned in your message And have accordingly appointed to morrow morning at Ten of the clock, at the Councill Chamber to be the time and place for it.

Then the House adjourned untill to morrow morning nine of the clock.


Saturday the twenty fourth. The House met according to Adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Roger Moore Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Mr Hodgson & Mr Anderson, Brought up the following Bills vizt

The Bill for Encouragement of Edenton.

The Bill to erect a Goal & Office at Edenton.

In the Lower House Read said Bills the third time and passed.

Mr Speaker, Attended by the House waited upon this House in the Council Chamber upon a Conference on the severall heads mentioned in their Message of last night and after some debate thereon returned to their House again.

The Bill to erect a Goal & Office at Edenton

The Bill for the regulation of the Town of Edenton

Read said Bills third time & passed. And Ordered to be engrossed.

The Bill for preventing killing of Deer

Read the second time and passed.

Then the House adjourned untill 3 o'clock in the Afternoon.

-------------------- page 370 --------------------


Post Meridn The House met according to Adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Roger Moor Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House

Then the House adjourned untill Monday morning Ten o' the Clock.

Monday the twenty sixth The House met according to adjournment.

Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House

And adjourned untill 3 o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House

Mr Hodgson & Mr MtGomery Brought up the Quit Rent Bill

In the Lower House Read the third time and passed with Amendments.

Sir Richd Everard & Mr Forbus Brought up the following Message

May it please your Honrs

We send you herewith a Petition from the Commissioners for emitting and exchangeing the new Bills of Credit of this Province, and desire your Concurrance in granting their request, as by the Petition sett forth to which we refer you to, And likewise we desire you will joyn this House in requesting his Excellency to order the said Commrs to pay to this House the money in their hands, not exchanged in order to discharge the Publick Debts of this Province.

The Petition of the Commrs sent up with the above Message vizt

Gentlemen of the Committee,

We are sorry that this Assembly have met at so great a distance from the place appointed for exchangeing the old Bills and Vouchers for our payment of the claims are kept so, that we could not bring the old Bills exchanged, nor the Vouchers for the payment of the claims without very great risque, for a loss in either would put it out of our power to compleat our Accounts.

Therefore we now only can give you an Account, that we have in old Bills exchanged, thirty seven thousand eight hundred and seventy nine

-------------------- page 371 --------------------
pounds, fifteen shillings and sixpence and have three thousand three hundred in New Bills left in our hands at least, but are not able at present to make a perfect settlement because the claims are not pay'd.

Therefore we must request you will recommend to both Houses that a Committee be appointed to examine our accounts and Report to the next Assembly, and that proper orders may be given concerning the counterpart And how we are to dispose of the money now in our hands which will greatly oblige, Gentlemen,

Your most humble Servants,
ELEAZ: ALLEN
CULLEN POLLOCK
WILLIAM DOWNING
JAMES CASTELLAW.

The House concurr'd with the above Message and Ordered that the honble William Smith Esqre be appointed on the part of this House, to join a Committee of the Lower House to examine the old Bills and see them destroyed.

And that Mathew Rowan and Edward Moseley Esqrs be appointed a Committee of this House to examine the accounts of the Commissioners for stamping & exchanging the New Bills, to joyn a Committee of the Lower House, for that purpose, and report the same at the next Session of Assembly.

The Vermin Bill Read the third time and passed.

Ordered to be engrossed.

The Circuit Bill Read the second time and passed.

Then the House adjourned until 3 o' the clock in the afternoon.


Post Meridn The House met according to adjournment.
Present the honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Cullen Pollock Esqr Member of the Upper House
The honble Math Rowan Esqr Member of the Upper House

Then the House took under their consideration the Quit Rent Bill and on reading the same found several Amendments necessary to be made &

Ordered that the following Message be sent to the Lower House vizt

Mr Speaker & Gentlemen

On reading the Quit rent Bill the third time, we find it will be necessary to make some amendments on the following heads, on which we desire a conference to morrow morning.

-------------------- page 372 --------------------

First. On the rateing of Hemp in one part of the Bill, it is put at three pence half penny per pound proclamation money and in another part at threepence Proclamation money. We propose to strike out the half penny in the first to make the Bill uniform and to incert Flax in both places at three pence per pound.

Secondly. We think the (word) money in the Clause for paying the Quit Rents in Gold and Silver superfluous, and that it ought to be struck out.

Thirdly. That the Quit rents for Hide Precinct be paid in Bath Town, as usual and not in Hide Precinct.

Fourthly. That the Quit rents for Carteret Precinct be paid at Newbern, and not at Beaufort Town.

Fifthly. That the Quit Rents for Onslow, Bladen & New Hanover Precincts be paid at Newtown & no other place.

Mr Nath: Moore & Mr Forbes Brought up a Bill for an Act to prevent the concealment of tythables in the several Counties within this Province, and for declareing what Persons shall be deemed tythables and laying a Poll tax, for defraying the standing and contingent charges of Government, and appointing a Publick Treasurer for this Province.

In the Lower House Read the first time & passed.

Mr Hodgson & Mr Anderson Brought up the Cultavation Bill.

In the Lower House read the third time and passed.

Then the House adjourned untill to morrow morning ten o' the clock.


Wednesday the twenty eighth. The House met according to Adjournment.
Present The honble Wm Smith Esqre President.
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

Mr Scarbrough & Mr Peyton Brought up the Bill to prevent killing of Deer.

In the Lower House read the third time and passed with Amendments

Mr Hodgson & Mr Swan, Brought up the following Message in answer to our Message of Yesterday.

May it please your Honrs

In complyance to your Message this House will waite on your Honrs to morrow morning in order to confer on the proposed heads.

Mr MtGomery & Mr Hodgson Brought up the Circuit Bill

In the Lower House Read the third time and passed.

Mr Speaker, Attended by the House waited upon this House in the Council Chamber upon a Conference on the several heads mentioned in

-------------------- page 373 --------------------
our Message of Yesterday, and after some debate thereon returned to their House again.

Then the House adjourned untill 3 o' the Clock in the afternoon.

Post Meridn. The House met according to Adjournment. Present The honble William Smith Esqre President

The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

Upon reading the Quit Rent Bill again the House thought fitt to make the several Amendments as in the following Message, which with the Bill, was sent down to the Lower House for their Concurrence vizt

Mr Speaker & Gentlemen,

We herewith send you the Quit Rent Bill—Read the third time in our House and passed with Amendments—Which are

First. The price of Hemp is rated at three pence per pound Proclamation.

Secondly. Flax added to the Commodities at three pence per pound Proclamation.

Thirdly. The Landings are altered for Bath County & the Quit Rents made payable at Bath, Newbern & Newtown.

Fourthly. A Non Obstante clause added to the Clause for the payment of old rents in Albemarle County.

To which we desire your Concurrence.

The Circuit Bill. Read the third time and passed. Ordered to be engrossed.

Then the House adjourned until to morrow morning 10. o' the clock.

Thursday March the first. The House met according to Adjournment. Present The honble William Smith Esqre President.

The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

Mr Scarbrough & Mr Peyton, Brought up the Bill to prevent killing of Deer.

In the Lower House Read the third time and passed with Amendments.

Together with the following Message regarding the sevll Amendments to be made in the Quit Rent Bill vizt

May it please your Honrs

In Answer to your Message with the Quit Rent Bill, Wee have concurred with your Amendments, & have ordered the Bill to be engrossed.

-------------------- page 374 --------------------

The Bill for laying a Pole tax, to build a Prison & Stocks on William Websters Plantation.

The Bill to prevent the concealment of Tythables.

Read said Bills the first time and passed.

The Cultivation Bill Read the third time and passed

Ordered to be engrossed.

A Bill for an Act for making, clearing and repairing roads, for making Bridges, and setling ferrys for the more convenient traveling, passing of ferrys, and carrying by Land all goods and Merchantdizes, or other things within this Province.

Read the first time and passed.

Ordered to lye upon the Table

Then the House adjourned until 3 o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

And adjourned until tomorrow morning Ten o' the clock.


Friday the Second The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

Mr Hodgson & Mr Anderson Brought up the Bill to prevent the concealment of Tythables, &c.

In the Lower House Read the second time and passed with Amendments.

Sir Richard Everard brought up the following Message vizt

May it please your Honrs

Wee have nominated the following Persons to be powder receivers for the several Ports and Places within this Province to which we desire your Concurrence

For Port Rhoanoke
Mr John Blount
Port Beaufort
Mr Benjn Peyton
Old Topsail Inlet
Mr Thos. Lovick
Neuse River
Col. William Wilson
Corrituck
Mr Stephen Lee
Brunswick
Mr Thos Clifford
Bear Inlet
Mr Abraham Mitchell

Mr Hodgson & Mr MtGomery Brought up the Fee Bill.

In the Lower House Read the second time and passed.

Then the House adjourned until 3 o' the clock in the afternoon.

-------------------- page 375 --------------------

Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

The Bill to prevent killing of Deer. Read third time and passed.

Ordered to be engrossed.

Then the House adjourned untill tomorrow morning ten o' the clock.


Saturday the third The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

Mr James Castellaw & Mr John Starky Brought up the following Message vizt

May it please your Honrs

This House having resolved that fifty pounds be given to the Riverend Mr John Lappiere, Desire your Concurrence.

To which the House concurred.

The Navigation Bill

The Bill to prevent the concealment of Tythables. Read the second time & passed with Amendments.

Then the House took the Fee Bill under their consideration and Ordered the same to lye upon the Table untill Monday morning.

The Bill appointing a Town at William Webster's Plantation, Read the second time & passed.

Mr Forbes & Mr Moore, Brought up the Navigation Bill

In the Lower House Read the third time & passed.

Then the House adjourned untill 3 o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

Mr Hodgson & Mr MtGomery Brought up the Bill to prevent the Concealment of Tythables, together with the following Message.

In the Lower House said Bills Read the third time & passed.

May it please your Honrs

We desire the temporary clause herewith sent may be added to the Act for facilitating the Navigation. It being forgot by this House before we sent up the Bill.

-------------------- page 376 --------------------

And be it enacted by the authority aforesaid that this Act shall continue in force for six years, after the ratification hereof, and no longer.

To which this House agreed.

Mr Willson & Mr Lane brought up a Bill for an Act for Building a Court House and Prison in Craven County.

In the Lower House Read the first time and passed.

Then the House adjourned untill Monday morning ten o' the clock.


Monday the fifth. The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

The Bill to prevent the concealment of Tythables. Read the third time and passed. Ordered to be engrossed.

The Navigation Bill Read the third time and passed with Amendments.

The above Bill sent down to the Lower House with the following Message.

Mr Speaker & Gentlemen,

On reading the Navigation Bill the third time we have one Amendment vizt

We think five Comrs for Brunswick sufficient and therefore have struck out Mr Clifford & Mr Murry.

To which we desire your Concurrence

To which the Lower House concurred

Sir Richard Everard & Mr John Swan brought up three following Messages vizt

May it please your Honrs

This House having taken into consideration the ill consequences this Province lyes under, for want of Coppy of the several Laws now in force, since the year one thousand seven hundred and thirty three, being delivered to the severall County Courts of this Province.

Whereupon this House resolved that William Heritage clerk of this House have and receive fifteen pounds out of the publick moneys to obtain a Coppy of the said Laws, from the Secretrs Office, and if any surplus should remain that the said Clerk account for the same to this House. And if the summe should not be sufficient for the use aforesaid that then the clerk be allowed a claim for the same, And that the said Clerk do from the Copy, to be obtained as aforesaid transcribe and transmit a Copy of the said severall Laws to each & every of the said severall Countys in this Province, and that he be allowed for the same four pence

-------------------- page 377 --------------------
per copy sheet containing ninety words, in each and every of the said Acts. And that when the said service shall be performed the Clerk of each County Court is directed to give a Certificate of the same and of the number of the sheets and upon shewing such Certificate the Governor or Commander in Chiefe for the time being shall issue his warrant for the payment thereof to the said Clerk of this House

To which we desire your Concurrence.

May it please your Honrs

We have appointed John MtGomery Esqre, Mr John Hodgson, Mr John Blount, Mr Stephen Lee, Mr Samuel Spruel, Mr Edwd Smithick and Mr Joseph Anderson or the majority of them, to joyn such Members of your House as you shall appoint, to examine and burn the old Bills of credit, which have been exchanged for those of the new emission and to report the same to the next Session of Assembly, and to order the disposal of the counterparts of those Bills of the last Emission, and to settle the act with Commissioners appointed for emitting the New Bills and report the same as above.

May it please your Honrs

The Law for the payment of the Members of Assembly of this Province being expired since the last Session We therefore desire your Honours will agree with us in passing the following Ordinance for the payment of the Members of this Session of Assembly.

That the speaker of this House be paid the same wages for his service in Assembly as the President of yours.

That all the Members of this present Assembly be paid in same manner as by the Law for the payment of Assemblys now expired is directed.

Mr Sinclare & Mr Hill brought up the Bill appointing a Town on Websters Plantation.

In the Lower House Read the third time and passed.

In this House Read the third time and passed.

Ordered to be engrossed.

Sir Richd Everard & Mr MtGomery brought up from the Lower House a verbal Message

That on examining the Ingrossed Quit rent Bill they had found a mistake in not distinguishing that part of the Province formerly known by the name of Albemarle County from that part of the Province formerly known by the name of Bath County, where the places for the payment of the Quit Rents are appointed and desire the concurrance of the House to the adding a Clause to that purpose.

Which was agreed and Ordered to be incerted in said Bill.

-------------------- page 378 --------------------

Then the House took the Fee Bill under their consideration and Ordered to lye upon the Table.

Then his Excellency was pleased to come to the House & Ordered the following Message to be sent to Lower House vizt

I command the immediate attendance of your House with such Bills as are engrossed.

GAB: JOHNSTON.

Then the Speaker attended by the House came to the Council Chamber, & presented to his Excellency the following Bills vizt

The Quit Rent Bill and

The Cultavation Bill

Which his Excellency was pleased to ratifye in open Assembly.

Then his Excellency was pleased to leave the House. And the House adjourned untill to morrow morning 10. o' the clock.


Tuesday the 6th The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

The House was pleased to send the three following Messages in Answer to their three last Messages vizt

Mr Speaker & Gentlemen,

In answer to your Message relateing to the Copys of the Laws, we join with you in opinion, that it is absolutely necessary, they be delivered to the General and County Courts, of this Province both as to what have passed since the year one thousand seven hundred & thirty three, as well as what shall be passed for the future but we cannot so readily agree, to your resolution that the Clerk of your House, shall obtain a Copy of the Laws from the Secretary's Office at the price of fifteen pounds only and that he transmit from that Copy one to every County in this Province Because we take it to belong to the Secretary's Office only so to do, and we hope upon further consideration you will join with us in thinking that to divest one Office of it's known right and give it to another without just cause is inconsistent with the justice of either House.

Wee therefore propose that the Secretary be Ordered to transmit all Copys of Laws to the General and County Courts and to be allowed seven pence half penny Proclamation per copy sheet and that to be paid him on such certificate as you mentioned.

-------------------- page 379 --------------------

Mr Speaker & Gentlemen,

In answer to your Message relateing to burning the old Bills of Credit &c.

Wee have appointed the Chief Justice on the part of our House to examine and see them burnt, and to order the Disposal of the Counter-parts, of the New Emission and Math: Rowan and Edwd Moseley Esqrs to settle the Accounts with the Commissioners.

Mr Speaker & Gentlemen,

In answer to your Message relateing to the payment of the wages, of the Members of Assembly, we cannot agree, that the Speaker of your House be paid the same with the President of ours, and as to your second resolve, if you intend by it that the Members of this House as well as those of yours, be paid in the same manner, as by the Laws now expired we readily consent to it.

Sir Richd Everard & Mr John Swan Brought up the following Message vizt

May it please your Honrs

This House having appointed the following persons, to be Commissioners for reviseing the Laws of this Province now in force, in conjunction with such Members of your House as your Honours shall be pleased to appoint vizt Mr John MtGomery, Mr John Hodgson and Mr Joseph Anderson to joyn some of your House at Edenton—Sir Richard Everard Baronet, Mr Samuel Swan, and Mr John Swan to joyn some of your House at Capefair. To which we desire your concurrance.

Then the House adjourned untill 3. o' the clock in the Afternoon.

Post Meridn. The House met according to Adjournment. Present The honble William Smith Esqre President.

The honble Robt Halton Esqr Member of the Upper House
The honble Math: Rowan Esqr Member of the Upper House
The honble Eleaz: Allen Esqr Member of the Upper House
The honble Edwd Moseley Esqr Member of the Upper House

Then his Excellency was pleased to come to the House and send a mandate to the Lower House Ordering their immediate attendance with such Bills as were ready, at the Council Chamber.

Whereupon the Speaker attended by the House, waited upon his Excellency with the following Bills which he accordingly presented to him vizt

The Sheriffs Bill

The Circuit Bill

The Navigation Bill

-------------------- page 380 --------------------

The Bill for erecting a Goal at Edenton

The Bill for regulateing the Town of Edenton

The Bill to prevent the concealment of Tythables

The Vermin Bill

The Bill for appointing a Town on Websters Plantation

The Bill to prevent killing of Deer.

Then his Excellency was pleased to ratifye the aforesaid Bills in open Assembly.

And then prorogued the Assembly untill to morrow morning Ten of the clock.

And accordingly the same was prorogued.