powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
March 07, 1739
Volume 04, Pages 380-382

North Carolina—ss.

At an Assembly begun and held at Newbern on Wednesday the seventh day of March in the year of our Lord one thousand seven hundred & thirty eight [1739] and in the twelfth year of his Majties reign, pursuant to the Prorogation of yesterday.

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 sent a Mandate to the Lower House Ordering their immediate attendance.

Whereupon the Speaker attended by the House waited upon his Excellency in the Council Chamber.

Then his Excellency was pleased to order them to return to their House, and proceed upon such business, as lay before them.

Who thereupon departed

Then his Excellency was pleased to leave the House.

Mr Peyton & Mr Bryan Brought up a Bill for an Act to supply the defects of an Act passed last Sessions of Assembly intitled an Act for appointing Sheriffs in the room of Marshalls.

In the Lower House Read the first time & passed.

In this House read the first time and passed.

Mr Hodgson & Mr MtGomery Brought up the said Bill.

In the Lower House Read the second time and passed.

In this House Read the second time and passed.

Mr John Swan & Mr Blount Brought up the said Bill.

In the Lower House read the third time and passed.

In this House Read the third time and passed. And Ordered to be engrossed.

-------------------- page 381 --------------------

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

May it please your Honrs

This House hath appointed Sir Richard Everard Bart, Col. Benjamin Hill, Col. William Wilson, Col: Forbes, and Col: McRora Scarbrough to be a Committee to joyn such Members of your House as your Honours shall think fit to appoint to finish the settlement of the Publick Accounts. And desire your Concurrance.

May it please your Honrs

This House having resolved that all persons who are in arrear to the Publick for any moneys by them received (except in the loan money and the Pole tax heretofore laid and collected by the precinct Treasurers) do pay the same to the General Treasurers in their respective districts, on or before the first day of August next in order to pay the Publick claims and that his Excellency be addressed to issue his warrant to the said Treasurers for payment of the same. To which we desire your Honours' Concurrence.

And it is resolved that all Persons who are in arrear to the Publick, shall discount so much of their wages as shall be due to them towards discharging the same. To which we also desire your Concurrence.

Mr John Swan & Mr Benjn Hill brought up the following Message.

Wee are sorry that in your Answer you seem to disagree with our resolution for our Clerk to get a Copy of the Laws passed in the year one thousand seven hundred & thirty three from the Secretary's Office from which he should be obliged to make out Copys for the several County Courts in this Province whereby the Majistrates might be better informed of their duty, because you say it ought to be done by the Secretary, and that it is a right of the Secretary so to do, but as your Honours have not shewn us any instances of the Secretary ever having heretofore made out such Copys neither do we find that he hath ever done it, therefore we have reason to believe that it hath been the practice heretofore in this Province for the Clerk of this House to make out the said Copys for the several Precincts or Countys, and we are of opinion, that in our said Resolve we have not divested one Office of any right heretofore belonging to such Office to give such right to any other and we are further of opinion that one Copy of the Laws Every Session ought to be made out by the Secretary for the use of this House and no more for which we think we have in our resolve made a sufficient allowance But if your Honours are of a contrary opinion we are ready to make such further allowance as shall be thought reasonable.

-------------------- page 382 --------------------

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

May it please your Honrs

We are preparing an estimate of the wages due to the Members of this House, this Session, and also of former Assemblys, and desire an estimate of those of your House to make the same compleat.

The the House was pleased to send the two following Messages to the Lower House in answer to their two regarding the settlement of the Publick Accounts and the Persons in arrear to the Publick.

Mr Speaker & Gentlemen,

The honble Eleaz: Allen and Edwd Moseley Esqrs are appointed a Committee of our House to join yours to finish the settlements of the Publick Accounts.

Mr Speaker & Gentlemen,

In answer to your Message relateing to the money in the hands of such Persons as are in Arrears to the Publick

This House is of opinion that the speediest way for those Persons to be paid who have Publick claims will be for those Persons who have the Publick moneys in their hands to pay the claims allowed by this Assembly to the Claimants.

And that his Excellency the Governour be desired to issue his warrant accordingly.

As to the latter part of your Message the methods you propose has been observed in paying the Claimants by discounting the wages and Claims allowed.

Then his Excellency the Governour came to the House and was pleased to order the immediate attendance of the Lower House.

Whereupon the Speaker attended by the House waited upon his Excellency in the Council Chamber.

And presented to his Excellency the Bill for an Act to supply the defects of an Act passed last Session of Assembly. Intitled an Act for appointing Sheriffs in the room of Marshalls.

To which His Excellency was pleased to assent.

Then his Excellency was pleased to prorogue this Assembly to the second Tuesday in November next.