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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
February 06, 1739 - March 06, 1739
Volume 04, Pages 382-408

North Carolina—ss.

At a General Assembly begun and held at Newbern the sixth day of February, one thousand seven hundred and thirty eight [1739] and in the twelfth year of the reign of our sovereign Lord George the second

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by the grace of God of Great Britain, France and Ireland King & c. being the first Session of this present Assembly.

Thirty seven Members appeared, were duly qualified and took their seats in the House.

The House adjourned till to morrow 10 oClock.

Wednesday 7th of Febry 1738/9. The House met according to Adjournment.

The House adjourned till to morrow 10 O'clock.

Thursday ye 8th of Febry 1738. [1739] The House met according to Adjournment.

It is unanimously resolved that William Heritage Gent: be appointed Clerk to this House and that he give sufficient security for the due execution of his sd Office.

His Excellency the Governor sent a Message to this House commanding their immediate attendance—Whereupon this House in a full body waited on his Excellency at the Council Chamber who directed them to return to their House and make choice of a Speaker, who unanimously chose Wm Downing Esqre Speaker—Then this House presented him to his Excellency who was pleased to approve thereof then made the following Speech [For the Governor's address see Journal of Upper House.—Editor.]

Wm Herritage Gent appeared and was duly qualified Clerk of this House.

Ordered that John Montgomery Esqr Sir Richard Everard Bart Mr Sam: Swann, Mr James Castelaw and Mr Benj: Hill be appointed a Committee to answer his Excellency the Govrs Speech.

Ordered That all persons concerned with Publick money as Treasurers of the several Precincts, Receivers of the impost moneys and receivers of Powder moneys do attend this House on Thursday the fifteenth of this instant. February and bring their respective accounts and that notification thereof be put up at the door of this House.

Ordered If the Treasurers of the several Precincts do not appear as also the Receivers of the impost money and Receivers of the Powder moneys at the time and place aforesaid that a messenger be immediately sent for them.

Ordered that Mr James Castelaw, Mr Thomas Luten, Mr Sam: Swann, Sir Richard Everard Bart, Arthur Mabson, and Mr Simon Bryan be appointed a Committee to joyn such Members of the Upper House as they shall think proper, to prepare a Quit Rent Bill.

Mr John Hodgson and Mr Sam. Swann were appointed to prepare a Fee Bill.

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Mr John Hodgson, Mr Jos: Long, Mr William Bryan, Mr John Dawson, Mr Stevens Lee, Mr Benj: Peyton, Mr Sam: Sinclare, Mr Wm Wilson, Mr Thos. Lovick, Mr John Starkey and Mr John Swann were appointed a Committee of claims to joyn such Members of the Upper House, as shall be appointed to joyn them.

Ordered That John Montgomery Esqre, Mr Joseph Anderson, Mr John Blount and Mr Thos. Bryant do prepare and bring in a Bill for an Act to declare how Lands are to be cultivated and to avoid disputes in lapsing Lands.

The House adjourned till 4 o'clock post Meridn

The House met according to Adjournment.

Read the Petition of Walter Lane &c complaining of an undue election of a Member for New Bonn [New Bern] Town

Read the Petition of Richard Rigby &c. complaining of an undue election of a Member for Bath Town.

Ordered That a messenger be sent from this House to bring Robert Boyd who was the returning Officer, to appear before this House on Monday the twelfth instant to answer to this House wherefore he hath returned Robt Turner duly elected Member to represent the Town of Bath in the Precinct of Beaufort and that the Clerk of this House immediately issue an Order in pursuance thereto.

Read The Petition of Robert Hewan and others complaining that the navigation from Ocacock Inlet to the several Ports and Rivers in this Province is very dangerous. Praying the Pilotage may be regulated and the most dangerous places from the said Inlet to the several rivers may be buoyed and beaconed &c.

The House adjourned till to Morrow 8 o'clock.


Fryday ye 9th of February 1738. [1739]

The House met according to Adjournment.

The Committee appointed to draw an address to his Excellcy produced one which was unanimously approved of by the House.

Sent the following Message to the Upper House

May it please your Honours,

This House having occasion to call upon John Carter a Deputy Marshall to attend this House upon a controverted Election the said Carter sent a very abusive Answer to this House; this House since understanding the said Carter to be an Officer in attendance on your Honours we therefore pray your Honours will direct the said Carter to attend this House to answer the said Contempt that proper measures may be taken to punish him for the same.

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Ordered That John Montgomery Esqre and Mr John Hodgson do wait on his Excellency the Governor to know his pleasure when this House shall present their address.

Reported by John Montgomery Esqre and Mr Hodgson that it was his Excellency's pleasure this House should wait on him immediately with their address.

Resolved That Mr Speaker issue his warrant directed to the Sergeant at arms to bring John Pratt late Clerk of this House to answer why he did not attend and deliver the Records and papers thereto belonging.

This House resolved into a Committee of the whole House to examine into the poll for New Bern and unanimously chose John Montgomery Esqre Chairman.

Received the following Message from the Upper House (viz:)

Mr Speaker & Gentn

In answer to your Message relateing to John 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 very 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 both we have ordered Carter to wait on you and ask pardon for his offence on his knees.

Sent the following Message to the Upper House

May it please your Honours,

As this House conceives it to be the undoubted right of this House to punish all persons for offences committed against them at their own discretion notwithstanding the House being willing to avoid any disputes 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 repremand him severely.

Ordered That John Carter appear at the barr of this House, who accordingly did; and asked pardon of this House for his offence on his knees, and was severely repremanded by Mr Speaker.

Mr Speaker with the House waited on his Excellency the Governor in the Council Chamber and presented the address of this House to him in these words (vizt)

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To his Excellency Gabriel Johnston Esqre Captain General and Governor in Chief of his Majestie's Province of North Carolina.

The Humble Address of the Gen: Assembly of this Province.

We the King's most dutifull and loyal subjects the General Assembly of North Carolina return your Excellency our hearty thanks for your Speech made at the opening of this Assembly we are of opinion with your Excellency that the establishment of the worship of Allmighty God in this Province merits our chiefest care we shall therefore apply ourselves to consider the most proper methods to make further 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 great attention we are very sensible of the many disadvantages this Province lyes under in that point and we cannot say that former Assemblys have been wanting in their endeavours to promote our Trade tho' they have proved fruitless. Notwithstanding our best endeavours shall not be wanting to afford such a relief as so great an affair deserves.

Your Excellency has very justly observed the necessity of reviseing and printing the Laws of this Province, we purpose to take the same into our consideration and to direct the printing of them when they shall have past 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 hath 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 Majesty's 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 Majties interest, and the welfare and happiness of this Province.

This House resolved into a Committee of the whole House to examine into the poll of New Bern and Mr Chairman took the chair.

After some time spent therein Mr Speaker resum'd the chair.

The House adjourned till 3 o'clock in the afternoon


The House met according to adjournment.

This House taking into consideration the ilconveniency they lye under for want of the late Clerk Mr John Prat together with the records and papers belonging to this House thought proper to address his Excellency

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the Governor by John Montgomery Esqre and Mr John Swann in order to obtain a Press warrant to expedite the messenger to bring the said Prat before them.

Who returned for answer to this House that his Excellcy thought this House had an undoubted right to issue a Press warrant for that purpose, however his Excellency was pleased to issue a press warrant for the purpose desired.

Read the Petition of several of the Inhabitants of Onslow Precinct setting forth &c.

Praying an Act might pass to enable them to finish a Court House &c. which is already begun. Which was approved of by the House.

The House resolved into a Committee of the whole House and resumed the debates on the controverted Election for New Bern and Mr Chairman took the chair.

After some time spent Mr Speaker resumed the chair.

Then Mr Chairman reported that Mr Walter Lane is duly elected Burgess for the said Town who appeared and was qualified and took his seat in the House accordingly.

Sent the following Message to the Upper House

May it please your Honours.

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 payment of His Majesty's Quit Rents, and this House having likewise appointed another Committee to joyn such of your House as your Honours shall think proper for receiving and settling the claims of this Province for Publick services are ready to proceed on the said Business.

Received the following Message from the Upper House

Mr Speaker & Gentlemen,

In answer to your message by Mr Swann and Collo Hill we have appointed Mr Allen, Col: Moseley & Col: Pollock a Committee of our House on the Bills for His Majesty's Quit rents and Coll: Halton and Mr Rowan on settling the claims who will be ready to joyn yours to Morrow morning.

The House adjourned till to Morrow 8 o'clock.

Saturday ye 10th of Febry 1738. [1739] The House met according to adjournment.

The House adjourned till Monday 8 o'clock.

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Monday ye 12th of February 1738. [1739] The House met according to Adjournment.

The following Members appeared and was qualified viz: Mr Math: Moore, Mr Wm Mackay, Coll: Wm Forbes, Mr Thos Williams, Mr John Ethridge, Mr Thomas Davis and Mr Wm Leary and took their seats in the House accordingly.

Read the Bill for an Act for enlarging the jurisdiction of the Precinct Courts and erecting circular Courts.

Ordered the same lye on the table for consideration.

Read a Bill for an Act for facilitating Navigation.

Ordered the same lye on the table for consideration.

Read a Bill for an Act to erect a Goal, an Office or Place for the safe keeping the Records of the General Court and for repairing the Court House at Edenton.

Ordered the same lye on the table for consideration.

The House adjourned till to Morrow 10 o'clock.


Tuesday ye 13th of February 1738. [1739] The House met according to Adjournment.

Read and sent to the Upper House the Bill for an Act for facilitating the Navigation &c.

Mr John Prat late Clerk to this House appeared voluntarily before this House and produced several Books & Papers belonging to this House there not being all he had in his Custody.

Resolved the said Prat keep in his Custody till sent for the said Books & Papers, by this House and that this House have recourse to such papers the sd Pratt hath in his custody when they see proper.

Read the Bill for providing his Majesty a Rent Roll for securing his Majesty's Quit Rents for the remission of arrears of Quit Rents and for quieting the Inhabitants in their possessions and for the better settlement of his Majesty's Province of North Carolina.

Ordered the said Bill lye on the table till Thursday morning for consideration.

The House adjourned till 4 o'clock post merid:


The House met according to Adjournment.

The House resolved into a Committee of the whole House to examine into the merits of Richard Rigby's Petition complaining of an undue Election of Robert Turner for a Burgess to serve in this Assembly for the Town of Bath.

After examination of several witnesses the matter was debated by the said Committee.

Mr Speaker resumed the chair.

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Resolved that the setting Member Coll: Robert Turner was not duly elected Burgess to serve in this present General Assembly for the Town of Bath.

Resolved that Richd Rigby the Petitioner was duly elected Burgess to serve in this present General Assembly for the Town of Bath.

The following persons were appointed a Committee to joyn such Members of the Upper House they shall think proper to appoint to settle the Publick accounts vizt Sir Richard Everard Bart, Coll. Wm Forbes, Coll: Benj: Hill, Mr Fredk Jones & Coll. McRora Scarbrough.

Mr John Swann moved the House that Robert Boyd the returning Officer for a Burgess to serve in this General Assembly for the Town of Bath to be sent for to the barr of this House and be mildly repremanded by Mr Speaker for obliterating the Poll for Bath Town & other misdemeanours in contempt of the Priviledges of this House. The said Robert Boyd was immediately sent for to said barr and was accordingly by Mr Speaker repremanded.

John Montgomery Esqre moved for leave to bring in a Bill for an Act for the encouragement and better regulation of the Town of Edenton. Ordered that he have leave and that he prepare and bring in the same.

The House adjourned till to morrow 10. o'clock.


Wednesday ye 14th of Febry 1738. [1739] The House met according to Adjournment.

Read and sent to the Upper House the Bill for an Act for appointing sheriffs in the room of Marshals in every Precinct in this Province.

Sent the following Message to the Upper House

May it please your Honours.

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

Read and sent to the Upper House the Bill for an Act for the better encouragement and regulation of the Town of Edenton.

Richard Rigby appeared was qualified a Member of this House and took his seat accordingly.

The House adjourned till 4 o'clock post merid:


The House met according to Adjournment.

The House adjourned till to morrow 10. o'clock.


Thursday ye 15 of Febry 1738. [1739] The House met according to adjournment.

Read the Petition of Jonathan Bateman &c. Praying to be exempt from all Publick dutys & paying levys. The same granted.

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Mr John Starkey moved this House in behalf of Lazarus Kerney. Praying the said Lazarus might be exempt from paying publick levys & all publick dutys. The same granted.

Read the Petition of Darby McCarty in behalf of his son Dennis McCarty. Praying the said Dennis might be exempt from all publick duties and paying taxes &c. The same granted during the time he shall continue infirm.

Sir Richard Everard moved for leave to bring in a Bill for an Act to appoint inspectors for receiving Tobacco for payment of his Majestys Quit Rents. Ordered to prepare and bring in the same.

Read and sent to the Upper House a Bill for an Act for Providing His Majesty a Rent Roll &c.

The House adjourned till 4 o'clock post merid:


The House met according to Adjournment.

Reported by Sir Richard Everard from the Committee appointed by the House to treat with Robert Halton Esqre Provost Marshall of this Province Concerning the resignation of his Office of Provost Marshall, that the said Committee proposed to allow the said Halton the sum of two thousand pounds current Bills one moiety thereof to be paid to the said Halton on the resignation of his said Office the other moiety or half to be paid to the said Halton upon the confirmation of a Law to be passed for appointing Sheriffs in each Precinct or County.

To which this House unanimously agreed.

Received the following message from the Upper House

Mr Speaker & Gentlemen,

Eleazer Allen and Roger Moore Esqrs are appointed by this House to joyn your Committee to inspect into the Publick accounts.

Received from the Upper House the Bill for an Act for facilitating the navigation of the several ports of this Province and for buoying and beaconing out the Channels &c

Read and sent to the Upper House the Bill for an Act to erect a Goal, an office or place for the safe keeping the records of the General Court—and the Bill for an Act to prevent injurys being done by killing, mis-marking of peoples stocks &c.

And a Bill for an Act to prevent killing Deer at unseasonable times—And a Bill for an Act to appoint that part of Bertie Precinct on the south side of Roanoke into a distinct Precinct and Parish by the name of Edgcomb Precinct & Parish—And a Bill for an Act for finishing the Court House and Prison in Onslow Precinct—And a Bill for an Act for destroying Vermin.

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Read the Petition of John Jones Praying to be exempt from paying levys, working on the roads and all Publick dutys. The same granted.

Received from the Upper House the Bill for an Act for appointing Sheriffs in the room of Marshalls &c.

Mr Stevens Lee moved this House in behalf of Nathaniel Everet senr praying the said Everet might be exempt from paying levys and other Publick services. The same granted.

Mr Benjn Peyton moved this House in behalf of Cornelius Collier of Beaufort Precinct—Praying the said Collier might be exempt from paying levys & other Publick services. The same granted.

Mr Scarbrough moved this House in behalf of Daniel Horn of Pequimons Precinct. Praying the said Horn might be exempt from paying levys and all Public services. The same Granted.

Read the Petition of Thos. Tooly of Hyde Precinct. Praying to be exempt from working on the roads, appearing at Musters and all Publick Taxes. The same granted.

Mr Sutton moved this House in behalf of Wm Simpson of Pasquotank Precinct. Praying the said Simpson might be exempt from all publick services & paying levys. The same granted.

The House adjourned till to morrow 9 o'clock.


Fryday ye 16th Febry 1738. [1739] The House met according to Adjournment.

Read and sent to the Upper House the Bill for an Act for facilitating the navigation of the several ports within this Province &c

The House adjourned till half hour after 3 o'clock post merid.


The House met according to Adjournment.

Received from the Upper House the Bill for an Act for providing his Majesty a Rent Roll &c

Read and sent the following Bills to the Upper House vizt

A Bill for an Act declaring what shall be deem'd a sufficient cultivation of Lands and for ascertaining the manner of planting Lapse Lands.

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

A Bill for an Act for appointing a Town on the Plantation whereon William Webster dwelleth in Hyde Precinct on the west side of Maschapungo River.

Read the Petition of William Crisp. Praying to be exempt from paying Publick levys and publick services. The same granted.

Read the Petition of Joseph Scuttlethorp, Praying to be exempt from paying publick levys and public services. The same granted.

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Received from the Upper House the following Bills vizt

A Bill for an Act for destroying Vermin.

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

A Bill for an Act to prevent Injurys being done by killing, mismarking and driving away people's stocks.

A Bill for an Act for the encouragement and better regulation of the Town of Edenton.

A Bill for an Act to erect a Goal, an Office or Place for the safe keeping the Records of the General Court and for repairing the Court House at Edenton.

The House adjourned till to morrow 9 o'clock.


Saturday ye 17th of Febry 1738. [1739] The House met according to Adjournment.

Read the Petition of several of the Inhabitants of the lower part of Craven Precinct. Praying an Act might pass to joyn the lower part of Craven Precinct to Carteret Precinct.

Ordered that Mr Lovick and Mr Mabson bring in a Bill pursuant to the said Petition.

Read the Petition of Geo. Linington setting forth he hath brought the making of indigo to perfection in this Province. Praying such bounty for the same as this House shall think proper. And produced the following estimate of one acre tended in Indigo vizt

To one acre producing from 15. pound to 20. pound of neat Indigo and may be tended by one Negro which at a medium fetches at home from 4s 6d to 5s per pound sterling.

N. B. The whole work is to be done in the summer season only.

The charges of cisterns made of Brick or wood cannot be very great the materials being very reasonable here, none of the work in making Indigo will any way hinder or prevent any plantation work.

Ordered that Sir Richard Everard and Mr Hodgson do prepare and bring in a Bill pursuant to the prayer of the said Petition.

The House adjourned till 4 o'clock post merid.

The House met according to Adjournment.

The House adjourned till Monday morning 9. o'clock.


Monday the 19th of February 1738. [1739] The House met according to Adjournment.

As the Inhabitants of Albemarle County by virtue of the great Deed of Grant given by the late Lords Proprietors to that County bearing date the first day of May 1668 have an undoubted right to pay his Majesty's Rents as the Inhabitants of Virginia

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Resolved That in passing any laws relating to the payment of any of the said rents this House will make the Law and practice of Virginia (as near as the circumstances of said County will allow) the rule of practice of this.

Mr Sutton moved this House in behalf of George Gordon of Pequimons Precinct, Praying the sd Gordon might be exempt from paying levys & all Publick services. The same granted.

Read and sent to the Upper House the following Bills vizt

A Bill for an Act for appointing Sheriffs in the room of Marshalls &c.

A Bill for an Act for the encouragement and better regulation of the town of Edenton.

Read the Petition of Thomas Harris Praying to be exempt from paying levys and other publick services &c.

The same referr'd to Committee Claims.

Mr Mabson brought in a Bill for an Act for the ease of that part of Craven Precinct that lyes on the east side of clubfoots creek on the said side of Nuse river to the mouth thereof and for adding them to and thereby enlargeing the Precinct of Carteret.

Which was read & sent to the Upper House.

Received from the Upper House the Bill for an Act declaring what shall be deemed a sufficient cultivation of Lands &c. And a Bill for an Act for appointing a Town on the Plantation where Wm Webster now dwelleth.

Read and sent to the Upper House the Bill for an Act for appointing Circuit Courts &c.

A Bill for an Act for appropriating two thousand pounds Curr. Bills &c.—with amendments.

The House adjourned till half hour past 4 o'clock, p. m.

The House met according to Adjournment.

Read the Bill for an Act for providing his Majesty a Rent Roll &c.

Ordered the same lye on the table for consideration.

Mr Hodgson, Mr Hill, Mr Dawson and Mr Castelaw were appointed a Committee to prepare a clause (to be added to the Bill for an Act for providing his Majesty a Rent Roll &c.) To appoint inspectors of Tobacco for payment of his Majesty's Quit rents.

The House adjourned till to morrow 9 o'clock.


Tuesday ye 20th of Febry 1738.

The House met according to Adjournment.

Mr Hodgson produced a clause to be added to the Bill for an Act for providing his Majesty a rent roll &c. for appointing Inspectors of Tobacco for payment of his Majesty's Quit rents.

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Ordered the said clause to be added to the said Bill.

Read and sent the said Bill to the Upper House.

And an Act for the encouraging the making of indigo.

Received from the Upper House the Bill for an Act for appointing Sheriffs in the room of Marshalls &c. with amendments.

And a Bill for an Act for appointing Circuit Courts &c.

The House adjourned till 4 o'clock post merid:

The House met according to Adjournment.

The House adjourned till to morrow 10 o'clock.


Wednesday ye 21st Febry 1738. [1739]

The House met according to Adjournment.

Sent the following resolve to the Upper House (vizt)

Resolved That all Persons who have any of the Publick Bills of this Province in their hands made in the year 1729 and do not appear at New Bern Town on or before the 24th of this instant and apply to the Commissioners appointed for exchanging such Bills shall be precluded from exchanging such Bills hereafter. And that the said Commissioners appointed for the exchanging the said Bills do destroy those Bills they have already exchanged by burning.

Sir Richard Everard moved this House that the Petition of George Linington praying to be allowed a Bounty for making Indigo which should have been sent with the Bill for that purpose may now be sent to the Upper House.

Sent the same by Mr Bryan and Mr Weeks.

Read and sent to the Upper House the following Bills vizt A Bill for an Act for appointing Sheriffs in the room of Marshalls—with Amendments.

A Bill for an Act for destroying Vermin—with amendts

A Bill for an Act for the better ascertaining the Fees for the several Officers within this Province.

A Bill for an Act declaring what shall be deemed a sufficient cultivation of Lands &c—with amendments.

A Bill for an Act for the more effectually establishing a ferry from Bath Town to Core Point &c.

A Bill for an Act appointing a Town in Hyde County &c.

Sent the following Message to the Upper House

May it please your Honours,

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 1729 and

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do not appear at New Bern Town on or before the 24th of this instant February and apply to the Commrs appointed for exchanging such Bills shall be precluded from exchanging such Bills hereafter. And that the Commrs appointed for exchanging the said Bills do destroy those Bills they have already exchanged by burning them

Sir Richard Everard moved this House for leave to bring in a Bill to declare all the fines, forfeitures, penalties or summs mentioned in the Laws made under the late Lords Proprietors, to be proclamation money.

Ordered he have leave to prepare and bring in the said Bill.

The House adjourned till 4 o'clock post meridn

The House met according to Adjournment.

Sir Richard Everard from the Committee for settling the Publick Accounts reported that the several Treasurers and other Receivers of the Publick moneys hath not attended the said Committee according to order and prayed the aid of the House that Mr Speaker would issue his warrant to cause the said Treasurers &c to appear and bring in their accounts.

Resolved, That Mr Speaker issue his warrant accordingly.

Read the Petition of James Lord, Praying to be exempt from paying publick taxes and working on the roads. The same granted.

Sent the following Message to the Upper House.

To the Honble the Upper House,

May it please your Honors.

In the Bill for ascertaining Officers' Fees in this Province the collectors and naval Officers Fees are omitted by a mistake in not tacking them to the Bill we have sent them that they may be tackd thereto

Ordered That a messenger be sent with Mr Speaker's Warrant for Samuel Johnston Esqre Mr Robt Turner Mr Richard Rustall, and Mr Robert Forster to act with the Committee of Publick Accounts for the moneys in their hands belonging to the Publick

The House adjourned till to morrow morning 11 o'clock.


Thursday ye 27th February 1738.

The House met according to Adjournment.

The House adjourned till 4 o'clock post meridn

The House met according to Adjournment.

Mr Samuel Swann one of the Exrs of John Baptista Ash deceased, who was Precinct Treasurer for New Hanover Precinct moved that this House would give an order to Eleazer Allen who succeeded the said Ash in the Office of Treasurer for the said Precinct to pay the Exrs of said Ash the

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moneys allowed by Law for emitting the Publick moneys of the said Precinct which the said Ash in his life time emitted.

Ordered That the said Eleazer Allen Esqre pay the said Exrs the money allowed by Law for emitting the Publick moneys emitted by the said Ash in his life time And he is accordingly directed to pay the same.

Mr Castelaw moved the House for leave to bring in a Bill for rating the Commodities of this Province in proportion to Proclamation money.

Ordered that Mr Castelaw, Mr Lee and Mr Starkey do prepare and bring in the same.

Received from the Upper House the Bill for an Act for providing his Majesty a Rent roll &c—with amendments. And a Bill for an Act for the Better supporting of the Clergy of this Province.

Read and sent to the Upper House a Bill for an Act to prevent killing of Deer at unseasonable times—And a Bill for an additional Act to ascertain the Manner of laying a poll tax and the sum necessary for building a Court House prison and Stocks on Wm Webster's Plantation in Hyde Precinct.

Received from the Upper House the Bill for an Act for destroying Vermin.

Read and sent to the Upper House the Bill for an Act for appointing Circuit Courts &c.

The House adjourned till to morrow 10 o'clock.


Fryday ye 23rd of Febry 1738. [1739] The House met according to Adjournment.

The House adjourned till 4 o'clock Post merid:

The House met according to Adjournment.

Received from the Upper House a Bill for an Act for appointing Sheriffs in the room of Marshalls &c—and

A Bill for an Act declaring what shall be deemed a sufficient cultivation of Lands &c.—and

A Bill for an Act for the better ascertaining the Fees of the several Officers within this Province.

Sent the following Message to the Upper House

May it please your Honours,

This House desires a conference with your House to treat on the following heads contained in the Quit Rent Bill and that your Honours would appoint a time and place for this House to attend your Honours for the same purpose.

1st On the provisional clause to prevent any construction in that Act to revoke the Grand Deed in all its parts.

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2dly That the word sterling be struck out in the rating of the Commodities.

3dly That paying the rated Commodities extend generally to all parts of this Province and the manner of packing.

4thly That the Clause be again incerted for allowing 15 per cent for carrying the rated Commodities to the Ware Houses for payment of Quit Rents.

5thly That any payment in Gold or Silver in discharge of Quit Rents shall be taken in Proclamation money.

6thly That a clause be again incerted to limit a time of distress for the arrears of Quit Rents now due.

Received from the Upper House the Bill for an Act to erect a Goal &c. at Edenton—with amendments—and

A Bill for an Act for encouragement and better regulation of the Town of Edenton—with amendments.

Received the following Message from the Upper House.

Mr Speaker & Gentlemen

As we are willing to conclude the debates of the Quit Rent Bill in such a way as becomes the two Houses we readily consent to the conference you have desired on the several heads mentioned in your Message and have accordingly appointed to morrow morning at 10 o'clock at the Council Chamber to be the time and place for it.

Read and sent to the Upper House the Bill for an Act to erect a Goal &c. at Edenton.

A Bill for an Act for encouragement and better regulation of the Town of Edenton.

The House adjourned till to morrow 9 o'clock.


Saturday ye 24th Febry 1738. [1739] The House met according to Adjournment.

The House in a full body waited on the Upper House to confer on the several Articles relating to the Quit Rent Bill.

Reported That the several Articles relating to the said Bill were debated—& mov'd the sd Bill might lye on the Table.

Ordered The said Bill lye on the Table till Monday morning.

Received from the Upper House the Bill for an Act to erect a Goal &c. at Edenton—endorsed, ordered to be engrossed. And A Bill for an Act for the encouragement & better regulation of the Town of Edenton—endorsed, ordered to be engrossed. And A Bill for an Act to prevent killing Deer at unseasonable times.

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Read the Petition of the Inhabitants of that part of Craven Precinct lying on the East side of Beards Creek on the North side of Nuse River to the mouth of said River and also the Inhabitants of Bear River.

Praying that part of Craven Precinct and Bear River might be a distinct Precinct.

Ordered the said Petition be rejected.

Received from the Upper House the Bill for an Act for destroying Vermin—with amendments.

The House adjourned till Monday morning 11. o'clock.


Monday ye 26th of Febry 1738. [1739] The House met according to Adjournment.

Sent to the Upper House the Bill for an Act for destroying Vermin.

The House adjourned for half an hour

The House met according to Adjournment.

The House adjourned till 3. o'clock post merid:

The House met according to Adjournment.

Mr Fredk Jones one of the Committee for setling Publick Accounts moved the House as he underwent a great deal of difficulty, being lame, in attending the said Committee that Col: Wm Wilson might be appointed one of the said Committee in his room.

Ordered That the said Wm Wilson be appointed pursuant to the said motion.

The House adjourned till to morrow 9. o'clock.


Tuesday ye 27th Febry 1738. [1739] The House met according to Adjournment.

Read the Petition of the Commrs for emitting the Bills of Credit in this Province in the year 1735. (vizt)

Gentlemen of the Committee,

We are sorry that this Assembly have met at so great a distance from the place appointed to examine the old Bills and Vouchers for our payment of the claims or kept so that we could not bring the old Bills examined 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 Acct that we have in old Bills exd £37879 : 15 : 6. and have £3300. in new Bills left in our hands at least but are not able at present to make a perfect settlement because all the Claims are not paid.

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Therefore we request that you would recommend to both Houses that a Committee be appointed to examine the old Bills and see them destroyed and to examine our accounts and report to the next Assembly And that proper orders may be given concerning the Countin [?] parts and how we are to dispose of the money now in our hands which will greatly oblige Gentlemen

Your most Hble servants
ELEAZ: ALLEN
CULLEN POLLOCK
Wm DOWNING
JAMES CASTELAW

Sent the following Message to the Upper House

May it please your Honours.

We send you herewith a Petition from the Commissioners for emitting and exchanging the new Bills of Credit of this Province and desire your Concurrence in granting their requests as by the Petition set forth to which we refer you and likewise we desire you'l joyn with 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.

To which the Upper House concurred.

Read and sent the Bill for an Act for providing his Majesty a rent roll &c. to the Upper House—with amendments.

Received from the Upper House the Bill for an Act for destroying Vermin—Ordered to be engrossed.

A Bill for an Act for appointing Circuit Courts &c.—with amendments.

Sir Richard Everard moved this House that two of the Members thereof might be appointed to draw an address to his Excellency that he would be pleased to allow the House to incert a Clause in the Quit Rent Bill that flax may be received in payment of Quit Rents.

Ordered That Sir Richard Everard and Mr Swann do prepare and present the said address.

The House adjourned till 3 o'clock post merid:

The House met according to Adjournment.

Mr Walter Lane one of the Members of this House moved that Mr John Powell is guilty of a breach of priviledge of this House by threatning the said Member to pistol him for proffering a Bill to this House before he consulted him.

Ordered The said Powell be sent for to the barr of this House in custody of the serjeant at arms to answer &c.

Mr Maurice Moore one of the Members of this House moved for leave to absent from the service of the House his family being very sick.

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Ordered he have leave to absent accordingly.

Read and sent to the Upper House the Bill for an Act to prevent the concealment of tythables in the several Counties within this Province for declaring what persons shall be deemed tithables and laying a poll tax for defraying the standing and contingent charges of Government & appointing publick Treasurers for this Province.

This House being informed that Mr John Powell waited at the door of this House in custody of the serjeant at arms

Ordered he be brought to the barr of the House.

The breach of priviledge for which the said Powell was ordered to the barr of this House being proved to the satisfaction of the House.

Ordered he ask pardon at the barr of this House on his knees and pay to the Clerk of this House three pounds and to the serjeant at arms two pounds for their Fees and that he remain in custody till he complys with the above Order and pay five pounds per day for every day he shall so remain in custody for the sd contempt.

Read and sent to the Upper House the Bill for an Act declaring what shall be deemed a sufficient cultivation of Lands &c.

And a Bill for an Act to prevent killing horses &c.

Received the following Message from the Upper House (viz:)

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 1st in the rating of hemp in one part of the Bill it is put 3½d proclamation & in the other 3d proclamation, we propose to strike out the halfpenny in the first to make it uniform and to incert flax in both places at 3d per pound.

2d We think the word money in the Clause for paying the Quit rents in gold and silver is superfluous and that it ought to be struck out.

3d That the Quit rents for Hyde Precinct be paid at Bath Town as usual and not in Hyde Precinct.

4th That the Quit rents for Carteret Precinct be paid at New Bern and not at Beaufort Town.

5thly That the Quit rents for Onslow, Bladen & New Hanover Precincts be paid at Newton & not at any other place.

Sent the following message to the Upper House

May it please your Honours,

In complyance to your Message this House will wait on your Honours to morrow morning in order to confer on the proposed heads in the Quit Rent Bill.

The House adjourned till to morrow morning 9 o'clock.

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Wednesday ye 28th of Febry 1738. [1739] The House met according to Adjournment.

The House in a full body went to the Upper House to argue the Articles proposed on the quit rent Bill and Mr Hodgson and Sir Richard Everard Bart. were appointed in behalf of this House to debate the same.

The several articles in conference were debated & Mr Speaker with the Members returned to the House

Read and sent to the Upper House the Bill for an Act for appointing Circuit Courts &c.

Sir Richard Everard moved this House would make an Order that no person might be admitted in this House whilst anything was debating except a Member thereof.

Resolved that no person be admitted in this House when the House is in any debate without leave first had of Mr Speaker.

The House adjourned till 3 o'clock post merid:

The House met according to Adjournment.

Read and sent to the Upper House the Bill for an Act for making, cleaning and repairing the roads, for making bridges and settling ferrys for the more convenient traveling, passing of ferrys and carrying by land all goods & merchandizes or other things within this Province.

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

Received from the Upper House the Bill for an Act for providing his Majesty a rent roll &c. Endorsed, read the third time and passed with amendments.

Received a message from the Upper House with the above Bill.

Mr Speaker & Gentlemen,

We herewith send you the quit rent Bill read a third time in our House and passed with amendments—

1st That the price of Hemp is rated 3d proclamation.

2d Flax added to the Commodities at 3d per lb. proclamation.

3dly The landings are altered for Bath County and the Quit rents made payable at Bath Town, New Bern & Newton

4thly A non obstante clause added to the clause for the payment of old rents for Albemarle County.

To which we desire your concurrence.

Sent the following message to the Upper House

May it please your Honours.

In answer to your Message with the Quit rent Bill we have concurred with your amendments and have ordered the said Bill to be engrossed.

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Received from the Upper House a Bill for an Act to appoint circuit courts &c.

Endorsed Ordered to be engrossed

The House adjourned till to morrow 8. o'clock.


Thursday March 1st 1738. [1739] The House met according to Adjournment.

Received from the Upper House the Bill for an Act declaring what shall be deemed a sufficient cultivation &c.

Endorsed, ordered to be engrossed.

And a Bill for an Act to prevent the concealment of Tithables &c.

And a Bill for an Act to ascertain the manner of laying a poll tax and the sum necessary &c.

Reported by Sir Richard Everard Bart. from the Committee for settling the publick accounts that Mr Winright the receiver of the powder money of Port Beaufort appeared before the Committee and told them as he was coming to the said Committee his Excellency the Governor called to him and asked him if he had paid the powder money and seemed to intimate that he expected he would not pay any powder money to the said Committee without his warrant.

The House adjourned till 3 o'clock post merid:

The House met according to Adjournment.

Sir Richard Everard reported to this House that he had waited on his Excellency the Governor according to the commands of this House and conferred with his Excellency touching the Powder receivers of this Province who answered that he thought the money raised by the Laws of this Province as powder money ought to be applyed to the advantage of navigation for which it was raised that this House formerly made use of one thousand five hundred pounds being powder money which they engaged themselves to repay but as he was sensible there would be now a considerable sum wanting to defray the publick debts he consented that the powder money should be now made use of for that purpose and that he would trust to the honour and justice of this House for the repayment of such powder moneys as should be so used and that his Excellcy desired the House would nominate and recommend such persons to receive the publick moneys as they could confide in which would be greatly to his satisfaction That he hoped as the powder money was to be applyed to the use of the navigation of this Province this House would provide a bank for the support of the contingent charges of this Government.

The House adjourned till to morrow 9 o'clock.

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Fryday ye 2d of March 1738. [1739] The House met according to Adjournment.

Read and sent to the Upper House the Bill for an Act for the better ascertaining the Fees of the several Officers within this Province with Amendments.

Edward Moseley Esqre appeared before this House and desired to resign his Office of Precinct Treasurer of Chowan whose resignation was accordingly accepted.

Resolved That Mr Hodgson, Mr Luten, and Mr Blount be recommended to his Excellency the Governor for his approbation of one of them to execute the said Office.

The Office of Precinct Treasurer for Pequimons being vacant by the death of Mr Denman late Treasurer thereof.

Resolved by this House that Mr Sutton, Mr Scarbrough and Mr Long be recommended to his Excellency the Goverr for his approbation as before.

Read and sent to the Upper House the Bill for an Act to prevent the concealment of tithables &c with amendmts

Read a Bill for an Act to ascertain the manner of laying a poll tax and the sum necessary &c. Which was rejected

Sent the following Message to the Upper House

May it please your Honours.

We have nominated the following persons to be powder receivers for the several ports & places within this Province (viz.) for Port Roanoak Mr John Blount, for Port Bath Mr Benj. Peyton, for old Topsail Inlet Mr Tho. Lovick, for Nuse River Mr Wm Wilson For Port Currituck Mr Stephen Williams, for Port Brunswick Mr Tho. Clifford and for Bear Inlet Mr Abraham Mitchell. To which desire your Honours concurrence.

The House adjourned till 3 o'clock post merid:

Read the Petition of Richard Rustel Treasurer of Carteret Precinct. Praying he may resign his said Office and that another person be appointed in his stead.

Read and sent to the Upper House a Bill for an Act to erect a Court House and Goal in New Bern.

Sent the following Message to his Excellency the Govr

May it please your Excellency,

Edward Moseley Esqre having before this House resigned his Office of Treasurer for Chowan Precint we therefore recommend to your Excellency

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Mr John Hodgson, Mr Tho. Luten and Mr Jno Blount for your approbation of one of them to execute the said Office

upon which his Excellency was pleased to approve of Mr Hodgson who was accordingly appointed to execute the sd office

Sent the following message to his Excellency the Govr

May it please your Excellency,

Mr Richard Rustul having resigned his Office of Treasurer for Carteret Precinct, we therefore recommend to your Excellency Mr Jas Winright for your Excellency's approbation to execute the said office

whereupon his Excellency was pleased to approve of Mr James Winright who was accordingly appointed to execute the said Office.

Sent the following Message to the Upper House viz:

May it please your Honours,

This House having resolved that fifty pounds be given to the Revd Mr John Lappiere desire your Honours concurrence.

Received from the Upper House the Bill for an Act to prevent killing Deer at unseasonable times. Endorsed, Read the third time and passed Ordered to be engrossed.

Sent the following message to his Excellcy the Govr (vizt)

May it please your Excelly

It being certified to this House that Mr Charles Denman Treasurer of Pequimons Precinct is dead whereby the Office of Treasurer for the sd Precinct is vacant.

We therefore recommend to your Excellency Mr Joseph Sutton, Mr McRora Scarbrough and Mr Joshua Long for your Excelly's approbation of one of them to execute the said Office,

upon which his Excellency was pleased to approve of Mr Scarbrough who was accordingly appointed to execute the said Office.

The House adjourned till to morrow 9 o'clock.


Saturday ye 3rd of March 1738. [1739] The House met according to Adjournment.

Received from the Upper House the Bill for an Act for facilitating the navigation &c—with amendments.

And a Bill for an Act to prevent the concealment of Tithables &c.

Read and sent to the Upper House the above two Bills.

And a Bill for an Act appointing a Town on the Plantation where Wm Webster now dwelleth &c.

The House adjourned till 3 o'clock post merid:

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The House met according to Adjournment.

The House adjourned till Monday 9 o'clock.


Monday ye 5th of March 1738. [1739] The House met according to Adjournment.

Received the following message from the Upper House

Mr Speaker & Gentlemen,

On reading the navigation Bill the third time we have made one amendment (vizt) We think five Commrs for Brunswick sufficient and therefore have struck out Mr Clifford & Mr Murray To which desire your concurrance.

Received the above Message with this endorsement.

This House concurs with the above message.

Sent the following Message to the Upper House

May it please your Honours

We desire the temporary clause herewith sent may be added to the Act for facilitating Navigation &c. it being forgot by this House before we sent the Bill up (vizt) And be it enacted by &c. That this Acshall continue in force for six years after the ratification hereof and no longer To which this House agreed.

Sent the following message to the Upper House

May it please your Honours,

This House taking into consideration the illconveniences this Province in general lyes under for the want of a copy of the several laws now in force since the year 1733 being delivered to the several County Courts of this Province whereupon this House

Resolved That William Herritage Clerk of this House have and receive fifteen pounds out of the Publick moneys to obtain a Copy of the said Laws from the Secretary's Office and if any surplus shall remain out of the said fifteen pounds that the said Clerk account for the same to this House and if the said sum shall not be sufficient for the use aforesaid, that then the Clerk shall be allowed a claim for so much he shall advance for the said use and that the said Clerk do from the Copy to be obtained as aforesaid transcribe and transmit a Copy of the said several Laws to each and every County in this Province, and that he be allowed and paid four pence per Copy sheet each sheet containing ninety words and that when the said service shall be performed the Clerk of each County Court is hereby directed to give a certificate of the rect of the said Acts and of the number of sheets and upon shewing such Certificate

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the Governor or Commander in Chief for the time being shall issue his warrant for payment thereof to the sd Clerk.

Desire your Honours Concurrance.

Sent the following Message to the Upper House

May it please your Honours.

We have appointed John Montgomery Esqre, Mr Hodgson, Mr Stevens Lee, Mr Spruill, Mr Smithwick and Mr Anderson or the Majority of them to joyn such Members of your House as shall be appointed to examine and burn the old Bills which have been exchanged for those of the new emission and to report the same to the next Assembly, and also to order the disposal of the counterparts of the said Bills and to settle the accounts with the Commrs appointed for the emitting the New Bills and to report the same as aforesaid

May it please your Honours,

The Law for 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 an Ordinance for the payment of the Members of this present 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 the same manner as by the Law for the payment of Assemblys now expired is directed.

Received from the Upper House the Bill for an Act to prevent the concealment of Tithables &c.

Endorsed. ordered to be engrossed.

And a Bill for an Act for facilitating Navigation &c.

Endorsed, ordered to be engrossed.

And a Bill for an Act for appointing a Town on the Plantation whereon Wm Webster now dwelleth &c.

Endorsed Ordered to be engrossed.

Received a message from his Excelly the Govr in these words

Mr Speaker & Gentlemen

I command the attendance of your House in the Council Chamber with what Bills are engrossed—Immediately

GAB: JOHNSTON.

The House adjourned till 4 o'clock post merid:

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The House met according to adjournment.

The House in a full body waited on his Excelly the Govr in the Council Chamber and Mr Speaker presented to him the Act for providing his Majesty a Rent Roll &c. And the Bill for an Act declaring what shall be deemed a sufficient cultivation of Lands &c.

To which his Excellency assented. And Ordered the Great Seal of the Province to be affixed thereto.

The House adjourned till to morrow 8. o'clock.


Tuesday ye 6th of March 1738. [1739] The House met according to Adjournment.

Mr Hodgson moved this House that an Address be presented to his Excellency the Governor that he would be pleased to prorogue this Assembly to Edenton.

Which was put to the vote and carried in the affirmative.

Ordered that Mr Hodgson and Mr Anderson do prepare and bring in the same.

Which they did & presented the same to the House.

Resolved nem: con: that the same be presented to his Excellency the Governor.

Sir Richard Everard Bart moved the House that the following Persons might be appointed to revise the Laws of this Province now in force in conjunction with such of the Members of the Upper House as they shall appoint and report what Laws will be necessary to make for the publick weal of this Province to the next Assembly vizt. Mr Hodgson, John Montgomery Esqre and Mr Anderson for the northern parts of this Province, and Sir Richd Everard, Mr Sam. Swann and Mr John Swann for the southward part of this Province, and they were accordingly appointed.

Sent the following Message to the Upper House

May it Please your Honours,

This House having appointed the following persons to be Commrs for revising the Laws now in force in this Province in conjunction with such Members of your House as your Honours shall be pleased to appoint viz: John Montgomery Esqre, Mr Hodgson and Mr Anderson to joyn some of your House at Edenton and Sir Richard Everard, Mr Sam: Swann and Mr John Swann to joyn some of your Members at Cape Fear.

Desire your Honours Concurrence.

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Sent the following Message to the Upper House

May it please your Honours,

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.

Received the following Message from the Upper House

Mr Speaker you togeather with the other Gentlemen appointed by your House for rating the Currency of this Province are commanded to give your attendance at the Council Chamber imediately

Signed
GAB: JOHNSTON.

The House adjourned for one hour.

The House met according to Adjournment.

The House adjourned till 3 o'clock post merid:

The House met according to Adjournment.

The House in a full body waited on his Excellency the Gov: in the Council Chamber and Mr Speaker presented to him the following Bills viz:

The Bill for appointing Sheriffs in the room of Marshals.

The Bill for appointing Circuit Courts &c.

The Bill for facilitating Navigation &c.

The Bill for erecting a Goal at Edenton &c.

The Bill for regulating the Town of Edenton &c.

The Bill to prevent the concealment of Tithables &c.

The Bill for destroying Vermin &c.

The Bill for a Town in Hyde County &c.

The Bill to prevent killing Deer &c.

To which his Excellency assented and ordered the Great Seal of the Province to be affixed thereto.

Then His Excellency was pleased to prorogue this Assembly till to morrow at New Bern.

Mr Speaker and the rest of the Members returned to the House and pronounced the Prorogation accordingly.