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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
February 05, 1740 - February 27, 1740
Volume 04, Pages 492-534

North Carolina—ss.

At an Assembly begun & held at New Bern, on Neuse River the fifth day of February in the thirteenth Year of the Reign of our Sovereign Lord George the Second of Great Britain, France & Ireland King &c; and in the year of our Lord one thousand seven hundred and thirty nine; [1740] being the First Session of this present Assembly.

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The Several Writs for electing Members of Assembly to serve for the several Countys & Towns in this Province were returned as follows Vizt.

For Chowan County—Mr John Hodgson, Mr John Blount, Mr Abra Blackhall, Mr John Benbury, Mr Thoms Walton

For Currituck County—Mr Thos Lowder, Mr Wm Leary, Mr Jacob Caroon, Mr John Caroon, Mr George Powers.

For Pequimon County—Mr Mc Rora Scarbrough, Mr Jos: Sutton, Mr James Sumner, Mr Joshua Long, Mr Natha Carruthers.

For Bertie County—Mr Benja Hill, Mr Jas. Castelaw, Mr Thos Bryant, Mr John Dawson, Mr John Browne.

For Pasquotank County—Mr Thos Hunter, Mr Willm Relf, Mr David Bailey, Mr Thomas Pendleton, Mr Caleb Sawyer.

For Tyrell County—Mr Stevens Lee, Mr Edmd Smithwick, Jno Montgomery Esqr, Mr Wm Gardner, Mr Jas. Castelaw.

For Beaufort County—Mr Benja Peyton, Mr Simon Alderson.

Craven County—Geo: Roberts Esq, Mr Wm Brice.

For Hyde County—Mr Samll Sinclare, Mr Joseph Tart.

New Hanover—Mr John Swann, Mr Maurice Moor.

Onslow County—Mr Samll Swann, Mr John Starkey.

Bladen County—Sr Richd Everard Bart, Mr Willm Bartram.

Bath Town—Mr Richd Rigby.

Carteret County—Mr Thoms Lovick, Mr Arthur Mabson.

Edenton—Mr James Craven.

New Bern—Mr Geo: Bould.

Forty four Members appear'd, & took the several Oaths by Law appointed for their Qualification, and took their Seats in the House accordingly.

William Herritage Clerk of this House appeared & took the Oaths by Law appointed for his Qualification. Two Members of this House waited on his Excellency the Govr at the Council Chamber; to acquaint him this House was ready to wait on his Excellency, who was pleased to Command their attendance at the Council Chamber immediately. Then the House in a full body waited on his Excellcy the Govr in the Council Chamber; who commanded them to return to their House; & make Choice of a Speaker; and present their Choice to him for Approbation.

The House returned & Mr Maurice Moore proposed Mr James Castelaw, & Mr Benja Hill proposed Mr John Hodgson, upon which it was put to the Vote and Mr. Hodgson carried it by a Majority of Seventeen Voices.

The House then waited on his Excelly the Govr in the Council Chamber and presented Mr Hodgson accordingly.

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His Excellency was pleased to approve of their Choice and made the following Speech which Mr Speaker was pleased to Recommend to the House & Ordered it to be read. Vizt—[For the Governor's address see Journal of Upper House.—Editor.]

Sir Richd Everard mov'd this House that a Committee be appointed to answer his Excellency's Speech, which was appointed of the following persons, vizt Sir Richard Everard Baront, Mr Samuel Swann, Mr Thomas Hunter; & George Roberts Esqr.

Sr Richard Everard mov'd this House that a Committee be appointed to enquire into the State of the Currency of this province, and to consider of proper Methods to raise the value thereof and that a Message be sent to the Upper House desiring they would appoint two members of their House to Joyn Sir Richard Everard Baront Mr. Benja Hill, Mr Jno Blount & George Roberts Esqr who are appointed a Committee pursuant to said Motion.

Resolved; That the Commissrs appointed to revise the Laws now in force in this Province make Report of their proceedings thereon to this House tomorrow.

Mr Blount mov'd that Dennis Sherlock be appointed a Messenger to the House and Sr Richard Everard mov'd that Samuel Reed be appointed Messenger to the House, which was put to the vote and carried in favour of Mr Sherlock.

James Moore and Samuel Reed were proposed by Two members of this House to serve this House, as Door Keepers which was put to the Vote and carried in favour of Mr Moore.

The House adjourned till 9 of the clock tomorrow


Fryday 8th Febry 1739. [1740] The House met according to Adjournment.

Read the Petn of Lewis Lefubres and others setting forth etc Praying an act may pass for their Naturalization

Order'd the said Petition lye on the Table.

Read the Petition of Griffith Jones, John White and Robt Hamilton in behalf of themselves and others Freeholders of the County of Bladen. Setting forth &c.

That at the last Election of Burgesses for the said County of Bladen Wm Bertram Thomas Browne Sr Richard Everard, and William Forbes were candidates.

That the said Richard Everard as they apprehended was not qualify'd according to Law to be a Burgess for that County.

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That the said Richard Everard procured several Foreigners not naturalized and other persons not qualified to vote for him and they were accordingly polld by the Sheriff.

That the Sheriff was also prevailed upon to close the Poll abruptly before several Freeholders had given in their Votes, who were really at the place of Election for that purpose.

By all which Illegal practices the said Sr Richd Everard was and is returned by the Sheriff as duly Elected one of the Burgesses for the said County:

Wherefore your Petrs humbly pray that Sr Richard Everard may be ordered to make it appear that He is qualify'd to be a Burgess for said County and that a scrutiny may be held on the Sheriffs return and that such Resolutions and Orders may be passed thereupon as this Honorable House in their great Wisdom shall seem meet

And your Petrs shall pray &c.

Whereupon the said Petition was put to the Vote whether it be rejected or not which was carried in the Affirmative and it was accordingly rejected

Mr Thomas Bryant, one of the Members for Bertie County appeared was qualify'd and took his seat in the House accordingly.

Mr Maurice Moore mov'd that a Committee be appointed of the following persons vizt Sir Richd Everard Baront Mr MacRora Scarborough and Mr Benja Hill to Examine and Settle the publick accots of this Province in Conjunction with such of the members of the upper House as they shall think propr to appt

Reported by Sr Richd Everard from the Committee appointed to draw an answer to his Excellys Speech that they had prepared one: which he read in his Place in these words:

To his Excellcy Gabriel Johnstone Esqr Govr and Commander in chief in & over his Majesty's Province of North Carolina.

The humble Address of the Genll Assembly now met at New Bern for the said Province

May it please your Excellency

Wee his Majestys most faithful Subjects Representatives of Liege people of this province in Assembly beg leave to Return your Excellency our hearty thanks for your speech to both Houses at the opening of this Session.

Wee agree with your Excellcy that the great Appearance of Warr in Europe makes it absolutely necessary for us to reform our Military Law. and put such parts of our Coast as are most liable to be insulted or

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attacked by our Enemies into a posture of defence; The want of a due promulgation of the Laws of this province; especially those passed the last Session are certainly attended with those evil Consequences you have Enumerated. Wee shall take care that the Laws already pass'd & those hereafter to be pass'd may have so much promulgation as may render the duty of the Subject as well as the Magistrate more easy, and this wee judge will be Effected by the Revisal of the Laws and causing them to be printed.

Wee shall according to your Excellency's recommendation endeavour to prevent the many notorious abuses which attend the present method of granting Licences for Marriages and ordinary keepers by putting those Licences on the same reasonable footing as they are in our neighbouring Colonys and to provide such proper funds as shall be consistant with the abilitys of those we represent that no branch of the publick Service may be retarded for want of a provision to defray the necessary charges attending the same.

Wee shall take that part of your Excellencys Speech which relates to the Indians into Consideration and use our utmost Endeavours to prevent those Evils which your Excellency apprehends may fall upon us should those people be seduced by our Enemies to joyn them and quit this province.

Wee assure your Excelcy that wee are met together with firm Resolutions to lay aside all former prejudices and animositys all names of party and distinction and to joyn cordially and unanimously to promote the publick Good to supply what is wanting in our Laws to remove everything that is amiss and to pursue those Measures which are most likely to Establish the Peace and prosperity of this province & thereby render your Excellencys Administration happy and Easy.

Which received the Approbation of the whole House. Order'd the same to be fairly Transcribed:

Read the Petition of Walter Lane complaining of an undue Election of a Member for Newbern Town in Craven County

Resolved That the Sheriff of Craven County have notice to attend this House to answer wherefore he returned George Bould Member for Newbern abovesaid and that all the Votes be sent for likewise.

Sr Richard Everard reported from the Commissrs appointed for the Soward to revise the Laws in force in this province as follows: An Act for the better observing & keeping the Lords days &c. . . . . which was read and pass'd And sent to the upper House by Mr Maurice Moore & John Montgomery Esqre

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Reported by Mr Speaker & John Montgomery Esqre from the Commissrs to the Noward appointed to Revise the Laws in force in this province; that they are ready to produce the same to this House;

Mr John Swann, Geo: Roberts Esqre Mr Abm Blackhall Mr John Starkey & Mr Samll Sinclare are appointed a Committee of publick Claims & are to joyn such Members of the upper House as shall be appointed for that purpose, by the upper House.

Read the Petition of several Inhabitants of Tyrell County praying several Amendments in the Quit Rent Act: that the Jurisdiction of the County Courts may be enlarged that four Assistant Justices may be appointed to assist the Chief Justice in holding the Genll Court & Circuit Courts & that an Act may pass to prevent the Indians hunting &c on patent Lands. Ordered the same to lye on the Table.

Mr Maurice Moore moved that persons be appointed to prepare the Fee Bill. Order'd That Mr Samll Swann Geo Roberts Esqre and Mr Jas Castelaw do prepare and bring in the same.

Read the Petition of Jas Newby of Pasquotank County Praying to be Exempt from paying Levys. The same Granted.

Read the Petition of John Martin of Pasquotank County Praying to be Exempt from paying Levys.

The Same Rejected.

Sr Richd Everard mov'd for leave to bring in a bill for an Act to prevent the abuse of Lawyers & to prevent the multiplicity of Law Suits

Order'd He do prepare and bring in the same.

Read the Petn of John Holt: Praying to be Exempt from working on the Roads. The Same Granted.

Read the Petition of Wm Healy Praying to be exempt from working on the Roads and Mustering. The same Rejected.

Read the Petition of Edwd Keeling of Craven County Praying to be exempt from working on the Roads paying of Levys and all other publick Services The Same Granted.

Read the Petition of several of the Inhabitants of Pasquotank County Praying an Act may pass to oblige the Inhabitants of Currituck to clear that part of the great Swamp that leads through the head of Pasquotank into Currituck lying in Currituck County Ordered. Mr Thomas Pindleton & Mr Thoms Hunter do prepare and bring in the same pursuant to the Petition

Read the Petition of Mullford Lanston Praying to be exempt from working on the Roads and paying Taxes The same Granted.

Read the Petition of Cornels Leary of Tyrell County Praying to be exempt from working on the Roads and paying Taxes. The same Granted.

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Mr Craven mov'd for leave to bring in a Bill to revise the Several Laws relating to Edenton, and to add such Clauses as are necessary &c.

Order'd That Mr Craven do prepare and bring in the same

The House adjourned till half an hour after Two of the Clock in the Afternoon.

The House met according to the adjournment.

Read the Petn of Soln Williams of Craven County Praying to be exempt from all publick Services & paying Taxes. The Same Granted.

Read the Petition of Henry Roads Praying to be exempt from working on the Roads & paying Levys The Same Granted.

Mr Blackhall & Mr Sutton waited on his Excellency the Govr to know when he would be pleased to receive the address of this House.

Who was pleased to command their attendance at the Council Chamber immediately.

The House in a full body waited on his Excellency the Govr in the Council Chamber & presented to him the foregoing Address.

To which his Excellency was pleased to make the following answer

Mr Speaker and Gent

I am heartily obliged to you for your kind Address and shall readily agree with you in anything for the publick good.

Reported by Sr Richard Everard from the Commrs at the Soward for revising the laws in force &c as follows vizt

An Act for establishing the Church. Order'd the same do lye on the Table.

The House adjourned till Tomorrow morning 9 of the Clock.


Saturday the 9th of Febry 1739. [1740] The House met according to adjournment.

Order'd That the Clerck of this House do acquaint the Revd Mr Holmes that, It is the desire of this House that he preach a sermon tomorrow before this house.

Sr Richd Everard mov'd that an Address be presented to his Excellcy the Govr to direct the Secretary of this Province to lay before this House the original Laws of this Province.

Order'd Sr Richard Everard and Mr Benjm Hill do prepare the said Address.

Geo Roberts Esqre mov'd this House that as the Members returned to serve for that part of the province called Edgecomb County now sit in this House contrary to the priviledges of this House they might not be allowed to sit any longer till a Law should pass for that purpose

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Which was put to the Vote & carried in the Negative Mr Craven mov'd for leave to bring in a Bill to appoint that part of the province called Edgecomb into a distinct County by the name of Edgecomb County.

Order'd That Mr James Craven Mr Thos Bryant and Mr Abram Blackhall do prepare and bring in the same

This House resolved into a Committee of the whole House to Enquire into the Pole of Newbern Town & chose Mr Maurice Moore Chairman.

After some time spent therein Mr Speaker resumed the chair.

Read the Petition of John Wright & c. Praying to be Exempt from paying all Levys & public Services. The same Granted.

Read the Petition of several Inhabitants of Chowan County Praying that Trade may be Encouraged and promoted to Europe & the West Indies, That port charges may be lessened and that a Naval Office may be Established at Edenton.

Order'd that Mr John Blount & Mr Thomas Walton do prepare and bring in a bill for an Act pursuant to the prayer of the said petition.

Read the Petition of the upper Inhabitants of Chowan County, Praying the County Court may be held as near as may be the Center of the sd County & c and that an act may be passed for that purpose.

Order'd: That Mr Blount, Mr Walton & Mr Hunter do prepare and bring in a Bill pursuant to the sd petition

Recd two Bills from the upper House, One for an Act for the better Observing & keeping the Lords Day and an Act for Establishing the Church and appointing select Vestrys

Endors'd Read the first Time in the upper House and passed with amendments.

The House resolved into a Committee of the whole House to Enquire further into the Pole of Newbern Town.

Mr Maurice Moore Chairman resumed the chair.

After some Time spent therein Mr Speaker resumed the chair

The House adjourned till three of the clock in the afternoon

The House met according to the Adjournment.

The House resolved into a Committee of the whole House to Inquire into the Pole of Newbern Town and Mr Maurice Moore Chairman resumed the Chair.

It appearing to this House that the High Sheriff having Voted for Geo: Bould the Member returned at the said Election

The Motion was made & the Question was put whether or not the sd Sheriffs Vote, ought to be admitted, at the said Election. And carried in the Affirmative

Then Mr Speaker resum'd the Chair.

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The House adjourn'd till Monday 9 of the Clock in the Morning.


Monday the 11th Febry 1739. [1740] The House met according to Adjournment.

The Motion was made & the Question was put whether Mr George Bould the sitting Member was duly Elected for Newbern Town or not. Which was carried in the Affirmative

Mr Benja Peyton mov'd that as he was inform'd Mr Chief Justice Smith was the last Assembly if they had Sat to have been Impeached for Several Crimes & Misdemeanr that the Impeachment might be produced to this House immediately Otherwise, that the sd Chief Justice might be declared by this House a Just and upright Judge. Upon which Sr Richd Everard Baront One of the Members of this House charged the sd Chief Justice with high Crimes & Misdemeanrs and was seconded by Mr Samuel Swann & prayed leave till Wednesday next to exhibit the Articles against him;

Order'd, The said Sr Richd Everard have leave till Wednesday next to prepare & bring in the said Articles And, that a Warrt Issue from Mr Speaker to bring persons, Records and papers before them to Enable them to make proof of the said Articles.

Whereas several Reports have been spread to detract the Character of several of the Members of this House for abdicating this House the last meeting of the House of Assembly at New Bern which Reports are now made appear to be Groundless, false, and unjust.

The House adjourned till half an hour after two of the clock in the afternoon

The House met According to Adjournment.

Sr Richard Everard mov'd the House, as he was ordered by the House to draw the Articles of Complaint agt the Honble Wm Smith Esqre Chief Justice, Mr Maurice Moor might assist him therein & that they might withdraw themselves from the service of the House till to morrow Morning.

Order'd. They have leave accordingly.

Reported by Mr Swann one of the Commissrs appointed to Revise the Laws &c as follows Vizt

A Bill for an Act for Registering Christenings, Marriages & Burials.

A Bill for an Act for Regulating Ordinarys & Restraining Tipling Houses which were read the first time and pass'd

The House adjourned till tomorrow 9 of the clock


Tuesday the 12th of Febry 1739. [1740] The House met according to Adjournment.
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Sr Richard Everard & Collo Hunter mov'd for leave to bring in a Bill for an Act to prevent frauds in packing Pork and other commodities, and to ascertain the Gauge of Barrells.

Ordered They have leave to prepare and bring in the same.

The House adjourned for half an hour.

The House met according to adjournment:

Mr James Sumner. one of the Members for Pequimens County appear'd took the Oaths appointed for his Qualification & subscribed the Test and took his seat in the House.

Sent to the Upper House the following Bills.

For appointing Constables for Regulating Ordinary Keepers &c: for Regulating Christening &c for appointing Coroners &c: for an Act concerning Marriages. by Mr Blackhall & Mr Peyton

Mr Maurice Moore mov'd that a Committee be appointed to bring in a Bill for Rating the Commodities of this Province: equal to Proclamn money.

Order'd That Mr Moore Sr Richd Everard; Mr Blount; Mr Scarbrough; Mr Hunter; Mr Lowther; Mr Castelaw; Mr Anderson; Mr Sinclare; Mr Roberts; Mr Starkey, Mr Smithwick & Mr Mabson, do prepare and bring in the same.

Read the Petition of Peter Arnold. Praying to be exempt from working on the Roads & all publick service. The same Granted.

Read the Petition of Christo Yeoman of Hyde County Praying to be exempt from paying Taxes & all publick dues & dutys. The same Granted.

Read the Petition of Wm Botsworth &c Praying to be exempt from publick Duty The same Granted.

Read the Petition of Thomas Peartree of Hyde County Praying to be exempt from paying Taxes and publick Dutys. The same Granted

Reported by Sr Richd Everard one of the Commrs appointed to revise the Laws &c as follows Vizt

A Bill for an Act to prevent the abuse of Lawyers &c Which he read in his place and was sent to the upper House by Sr Richd Everard & Mr Blount . . . . . . as also a Bill for an Act to prevent the takeing of Boats Canoes Pottiangers, which was read & sent as above; as also a Bill for an Act concerning Weights & Measures, which was read and sent as above.

Mr Blackhall mov'd for leave to bring in a Bill for an Act to prevent the abuse of Practisers of Physick & Chirurgery, and to ascertain their Fees

Order'd: That Mr Blackhall and Mr Sinclare do prepare and bring in the same:

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Sent a message to the upper House Vizt

May it please your Honours

Wee have appointed Sr Richd Everard Baront Mr Scarbrough & Mr Hill to joyn such members of your house as you shall appoint to Examine & Settle the Publick Accot

Sent a Message to the Upper House Vizt

May it please your Honours.

Wee have appointed Mr Roberts Mr Swann Mr Blackhall Mr Starkey & Mr Sinclare to joyn such Members of your House as you shall think proper to appoint to Settle and allow the publick Claimes of this Province.

Sent a Message to the upper house.

May it please your Honours

Wee have appointed a Committee of the following persons to joyn such Membrs of your House as you shall think proper to appoint to Inquire into the State of the Currency of this province & consider of proper Methods to raise the value thereof:

The House adjourned till 3 of the Clock in the Afternoon.

The House met according to Adjournment.

Sr Richard Everard Baront gave in the followg List to this House of the persons & papers necessary for Evidences to make good the Articles to be exhibited against the Honble William Smith Esqre Chief Justice of this Province Vizt

Willm Dudley of Onslow County, Cornelius Harnet Esqre Sheriff of New Hanover County, Rufus Marsden, and Danll Dunbibin Merchant in Newton, Mr Benjamin Wheatley of New Hanover, John Smithers Dep Sheriff of New Hanover & Thomas Murphy Willm Tumcliff Robt Pitts Robt Kirkland James Keith of Craven County: . . . . . copies of the Venires and Pannels since Mr Smith was Chief Justice. Copies of four writs for Executing the Criminals at Edenton, Sign'd by the Chief Justice. Copy of Mr Smith Commission as Chief Justice; Copy of the Commission of Grand Sessions & Commission of si non Amnes (if any) Copy of the Record of Mr Dawsons Contempt about Trotters Do concerning the Presentment of John Bond March 1736 Do of Robt Callahorn Andrew Connor and others at Bath, August 1739 Copy of the Execution in the Case Bridgen against Tullwood Do in the Indictment against Kelly for forcible . . . . . . . . into Mr Andersons Lands and Copies in the Two cases against Anthony Booth. Do in the case

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Willm Dudley against Willm Crossby for assault. Robt Forster Esqre Joseph Anderson Esqre Thomas Jones Attorney at Law. Orlando Champion of Chowan, Robt Callahorne and Andrew Conner of Bath Town. James Kelly of Edenton, Anthony Booth at Mr. Duckinfields Plantation in Berties County, Wm Mackay late of Edenton but now of Bertie County. And mov'd that Mr Speaker Issue his Warrt to cause to come before this House the abovesaid Evidences.

Resolv'd that Mr Speaker Issue his Warrant accordingly.

Reported by Mr Swann one of the Commissr appointed to revise the Laws in force in this province A Bill for an Act concerning Servants & Slaves which he read in his place the first time and passed.

Order'd the same to be sent to the Upper House.

The House adjourned till tomorrow morning 9 of the Clock.


Wednesday the 13th of Febry 1739. [1740] The House met according to adjournment.

Sr Richard Everard pursuant to his Motion of Monday last laid before the house several Articles against the Honble William Smith Esqre Chief Justice which he read in his place. Then the House resolved into a Committee of the whole House to debate on the sd Articles and unanimously Chose Mr Thomas Hunter Chairman.

It was mov'd by Mr Speaker and seconded by Mr Benjamen Hill that the Articles now exhibited against the Honble William Smith Esqre Chief Justice might be debated on Article by Article and that the proof of the same be produced immediately that the House might resolve whether the said Articles are sufficiently prov'd to this House for this House to impeach the said Chief Justice of the same.

To which Mr Swann objected and seconded by Sr Richard Everard.

Then it was put to the Vote and carried in the Affirmative by a majority of Ten Voices.

Sir Richard Everard proceeded to the proof as follows

To the seventh Article call'd Mr John Bryan and Mr Willm Herritage Evidences to support the same Articles and after hearing the Evidence

Mov'd whether the sd Article was prov'd sufficient to Impeach the sd Chief Justice with the same

Mr Speaker objected to the sd motion & mov'd they might go through the Evidence to the whole charge before they mov'd for the Opinion of this Committee, being seconded by Mr Blackhall was put to the Vote and carried in favour of Mr Speakers motion

Then proceeded the second Article and called Mr Joseph Anderson and Mr Archibald Hamilton who were examined.

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To the fourth and Sixth Articles produced Mr Andersons Evidence.

To the Eighth Article produced Mr Anderson Mr Caldom Mr Bryan & Mr Starkey Evidences.

To the ninth Article produced the Deposition of Anthony Booth.

To the Tenth Article produced Mr Anderson's several Executions and Mr Lovett Evidence.

To the Eleventh Article produced Mr Anderson Evidence.

To the Twelfth Article produced Mr Anderson and Mr Lovett Evidences.

To the Thirteenth Article produced Mr Hamilton Evidence

To the Fourteenth Article agree to Expunge being matter of private conversation.

To the Fifteenth Article produced Mr Hamilton Evidence

To the Sixteenth Article not any Evidence produced

Which Evidences being fully examined the Committee proceeded to debate. after some time resolved the proofs Exhibited to the above sd Articles are not sufficient to support the same.

Then Mr Speaker resumed the chair

Mr Chairman reported from the Committee that the aforesaid Articles and proofs were fully heard & debated by the said Committee.

The Question was put whether the proofs that were produced to support the said Articles are sufficient for this House to Impeach the sd Chief Justice or not being put to the Vote was carried in the Negative by a majority of six Votes

The House adjourned till tomorrow 9 of the clock.


Tuesday the 14th of Febry 1739. [1740] The House met according to adjournment

Mr Maurice Moor produced to the House a Bill for an Act for the better Regulating the Militia of this Province which he read in his place

Order'd the same to be sent to the upper House.

Mr Hunter mov'd for leave to bring in a Bill for an Act to prescribe the Method of proving Book Debts.

Order'd Mr Hunter and Mr Roberts do prepare and bring in the same

Mr John Swann mov'd for leave to bring in a Bill for an Act to divide New Hanover County.

Order'd He prepare and bring in the same.

Sir Richard Everard one of the Commissrs appointed to revise the Laws &c: Reported to the House as follows, Vizt

A Bill for an Act for Ascertaining the Gauge of Barrels for appointing packers &c

Order'd the same lye on the table

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Order'd the several committees appointed by the Houses have leave to Imploy Clerks in Case they think proper;

The House adjourned till tomorrow 9 of the clock


Fryday the 15th of Febry 1739. [1740] The House met according to Adjournment

Order'd That notice be set up at the door of this House that all Treasurers and all other persons who have any publick monys in their hands and do not appear before the Committee for setling publick accots and account with them & pay such money as they shall be in Arrear to the publick on or before the 18th of this Insta shall be sent for to this house in Custody.

Read the Petn of the Publick in Genll &c Praying a fee Bill might pass.

Order'd the same lye on the Table.

Mr Hunter brought in a Bill for an Act for prescribing the Method of proving Book Debts which was read and Passed.

Order'd the same be sent to the Upper House by Mr Hunter and Mr John Swann.

Sent to the upper House a Bill for an Act concerning Servants and Slaves by Mr Hunter and Mr John Swann

Sent to the upper House a Bill for an Act ascertaining the Gauge of Barrells for appointing Packers &c by Mr Hunter and Mr John Swann.

Mr Blackhall mov'd for leave to bring in a Bill for an Act to appoint a Treasurer for the Countys therein mentioned.

Order'd he have leave to prepare and bring in the same which he read in his place and passed

Order'd the same to be sent to the upper House by Mr Hunter and Mr John Swann

Order'd that Mr Samuel Swann Mr Hunter Mr Blackhall Mr Sinclare Sir Richd Everard & Mr Blount do prepare and bring in a Bill for an Act to improve the Navigation of this Province.

Reported by Sir Richd Everard one of the Commissioners appointed to revise the Laws &c a Bill for an Act for Encouraging the building of Mills, which he read in his place & pass'd.

Order'd the same be sent to the upper House by Mr Hunter and Mr John Swann.

As also a Bill for an Act concerning the Qualification of publick Officers & a Bill for an Act for Ascertaining Damages on protested Bills of Exchange by Mr Hunter and Mr John Swann.

The House adjourned till to Morrow Morning 9 of the Clock.

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Saturday the 16th of Febry 1739. [1740] The House met according to Adjournment.

Mr John Swann brought in a Bill for an Act for taking part of the Countys of New Hanover & Bladen & Erecting by the Name of Brunswicke Which was read.

Order'd the same lye on the Table till Monday next

Mr Walton brought in a Bill for an Act to Erect a County Court

House and Prison in the County of Chowan and to defray the expense of building the same

Order'd the same lye on the table till Monday next

Mr Scarbrough mov'd for leave to bring in a Bill for an Additional Act to an Act Intituled an Act for providing his Majesty a Rent Role &c . . . . To appoint a longer Time than mentioned in the said Act for persons to Register and Audit their Lands.

Order'd he have leave to prepare and bring in the same.

Read the Petition of several Masters, Owners of Vessels and others in these words Vizt


North Carolina

To the Worshipfull the Speaker &c. The humble Petn &c. Sheweth

That whereas by an Act of the Genll Assembly of this Province pass'd at New Bern the sixth day of March 1738 Intituled an Act for facilitating the Navigation of the several ports in this province &c (Inter As) It is Enacted that the Masters or Commanders of every Vessell or Vessells shall pay five Shills for every Ship or Vessell going to Roanoak & Two Shills & sixpence for every Ship or Vessell going to Bath, New Bern or Beaufort for every foot of Water: the sd Ship or Vessell shall draw. That several of your Petrs in Obedience to the sd Act have paid to the Receivrs of the said Impost the Severll Sums by the said Act imposed and thereby and therefrom had hopes the Navigation for the several Vessels to the Severall Ports therein mentioned from Ocacock Inlett &c would have been facilitated.

But now so It is altho the many and large sums reced by Virtue of the said Act, since the passing the same the sd Navigation is no ways made better or Easier & the same charge for Pilots from Ocacock into the Several Rivers and & Harbours is paid by severall of your Petr as usual, by reason whereof Yr Petitionrs are very much oppress'd

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Therefore humbly pray this present Assembly would take the premises into mature Consideration and give them such Relief as they in their wisdom shall think meet.

& as in duty bound shall pray Signed
HENRY GULLIFER
WILLm LISTER:
JNO ROGERS
SILVANIUS CURTIS,
BAZZILLA FULGER,
JOHN BRYAN
NATHll DRAPER
BENJm BOURDEN,
CHARLES ADAMS.

His Excellcy the Govr laid before this House a Copy of the 83rd Article of his Instructions from his Majesty, as follows

And Whereas it is highly necessary for the Wellfare of Carolina, that a Good Understanding should be maintained with the Indian Nations as well for the promoting of Trade as for the Security of the Frontiers of your Government, you are hereby particularly enjoyn'd to use all possible ways and means for regaining the Affections of the sd Indians & to preserve a good Correspondence with such of them as remain faithfull to our Interest & you are likewise hereby directed to recommend in the Strongest Terms to the Indian Traders to be Just & Reasonable in their dealings with the Native Indians & likewise to propose to the Assembly if you and our Council there shall Judge it necessary to pass one or more laws for the better Regulation of the sd Indian Traders and for the encouragement and protection of such Indians as shall adhere to our Interest

Sr Richard Everard mov'd for leave to bring in a Bill to prevent Bribery and Corruption in Elections and other purposes therein mentioned.

Order'd He have leave to prepare and bring in the same.

Sr Richd Everard one of the Commissrs appointed to revise the Laws in this province. Reported as follows.

A Bill for an Act for the better securing Orphans Estates. Which he read in his place.

Order'd the same lye on the Table.

Recd from the upper house the followg Bills for an Act for prescribing the manner of proving Book Debts . . . . . for Regulating the Militia of this Province . . . . . for Regulating Ordinary's &c . . . . . for appointing Constables &c . . . . . To prevent the abuse of Lawyers. To prevent the taking away of Boats Canoes, or Pettiangers. Concerning weights & measures. for appointing Treasurers in the several Countys therein mention'd. Which were Endorsed read in the upper House and passed with Amendments.

The House Adjourned till 3 of the Clock in the Afternoon.

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The House met according to Adjournment.

The House Adjourned till Monday morning 9 of the Clock


Monday the 18th of Febry 1739. [1740] The House met according to Adjournment.

A Bill for an Act for prescribing the method of proving Book Debts. Ditto for an Act for Regulating Ordinary's.

Ditto for an Act concerning weights and measures.

Ditto for an Act for appointing a Treasurer for the several Counties therein mentioned.

Read the second time and amended.

A Bill for an Act for building a County Court House & Prison in Chowan County

Read the first time and sent to the upper House by Mr Castellaw & Mr Starkey.

The House adjourned till two of the Clock in the Afternoon.

The House met according to Adjournment

Read the Petition of several of the Inhabitants of Bertie County And read the Petition of several of the Inhabitants of Edgcomb County & Sent and referr'd to the upper House.

Read a Bill for an Act to ascertain the allowance of his Majestys Council & the Members of Assembly of this Province. The first time and pass'd.

Order'd the same to be sent to the upper House by Mr Castelaw and Mr Starkey.

The House adjourned till tomorrow 9 of the clock.


Tuesday the 19th of Febry 1739. [1740] The House met according to Adjournment.

Mr Maurice Moore produced to this House A Bill for an Act for rating commodities &c which he Read in his place & was sent to the Upper House by Mr Bryan & Mr Caroon. Mr Hill mov'd this House that the Revd Mr Holmes might be allowed a Gratuity for the several Sermons he preached before this House this Sessions.

Order'd That Forty pounds be paid out of the publick money to the sd Mr Holmes for such his Services. And that a message be sent to the upper House for their concurrence which is as follows.

May it please your Honours.

This House hath ordered forty pounds to be paid to the Revd Mr Holmes for the several sermons preached by him before both Houses of Assembly this Session. To which wee desire yr Honrs Concurrence.

-------------------- page 509 --------------------

Read the second time A Bill for an Act for Regulating the Militia which was amended and sent to the upper House by Mr Bryan & Mr Caroon.

Mr Montgomery mov'd for leave to bring in a Bill for an Act to ascertain the Bounds between Tyrell Edgcomb and Beaufort Countys.

Order'd He prepare and bring in the same

Sent to the upper House the Bill for an Act for the better Securing of Orphans Estates &c by Mr Bryan and Mr Caroon.

Sr Richd Everard from the Comittee of Publick Accts mov'd that the several Treasurers & other persons, who have publick moneys in their hands & have not appeared pursuant to the notice given them & settled their respective Accts with said Committee may be sent for in Custody. And that Mr Speaker may issue his warrant accordingly.

Mr Samll Swann produced a Bill for an Act for taking part of the Counties of New Hanover & Bladen & Erecting a distinct County out of them by the name of Brunswick . . . . . Which was read . . . . . & mov'd the same might pass . . . . . was put to the Vote & by a Majority of the House, Rejected.

The House Adjourned till three of the Clock in the Afternoon

The House met according to Adjournment.

Mr Castellaw brought in a Bill for an Act to appoint that part of Bertie County lying on the So line of Roanoak to be a distinct County & parish by the name of Edgcomb County & parish: . . . which was read pass'd & was sent to the upper House by Mr Roberts & Mr Bartram.

The House adjourned till to morrow 9 of the Clock.


Wednesday the 20th Febry 1739. [1740] The House met according to Adjournment.

Read the Petn of the Grand Pannel Summon'd for the Court of Oyer & Terminer, the 11th day of Decr 1739, held for New Hanover County. Setting forth That by an Act pass'd in the year 1729 The County Courts The Election of Burgesses Vestry men. Court house & Goal are appointed at Brunswick a place remote the River, difficult broad, & dangerous of Access for the Greatest part of the Inhabitants of sd County And that Newton in said County is more convenient for the purposes aforesaid. That, at the last Assembly It was thought Newton was the most proper place for the Circuit Courts for New Hanover, Bladen & Onslow Countys, that it will therefore be necessary to have a Court house and Goal there, and if those may Serve also, for the County It will be saving a considerable Charge to the County Praying this House to take the premises into Consideration & Grant Relief &c

Signed
108 OF THE INHABITANTS
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Mr Montgomery mov'd & was seconded by Mr Bartram for leave to bring in a bill for an Act pursuant to the said Petition Order'd that Mr Montgomery & Mr Bartram do prepare and bring in the same

The House adjourned for Half an Hour.

The House met according to Adjournment

Mr John Dawson one of the Members of Bertie County appeared took the Oaths by Law appointed for his Qualification subscribed the test and took his seat in the House accordingly

Mr Bartram produced to this House a Bill for an Act for Erecting the Village called Newton in New Hanover County into a Town & Township by the name of Wilmington and for Regulating & ascertaining the Bounds thereof. Which was read and sent to the Upper House by Mr Roberts and Mr Bartram.

Recd from the upper House a Bill for an Act for appointing a Treasurer for the several Countys therein mentioned in the Room of Wm Downing elected with Amendments.

Recd from the upper House a Bill for an Act for building a County Court house & Prison in Chowan County and a Bill for an Act to ascertain the allowance of his Majestys Council & Members of Assembly of this Province. And a Bill for an Act for Regulating Ordinaries &c. . . . also a Bill for an Act prescribing the Method of proving Book Debts. with Amendments.

Read the followg Bills for Acts First to ascertain the allowance of his Majestys Council &c. . . . to prevent the taking of Boats Cannoes & Pettiangers &c. . . And sent them to the upper House by Mr Roberts & Mr Bartram.

Received from the upper House a Bill for an Act for the better ascertaining the Fees for the Severll Officers in this Province.

Read a Bill for an Act to appoint Constables &c the second time & sent to the upper House by Mr Abra Blackhall and Mr Smithwick.

Read a Bill for an Act for the better observing & keeping the Lords day &c the second time & pass'd & sent it to the Upper House by Mr Blackhall & Mr Smithwick

Read a Petition of Francis Singfield &c Praying the ferry over Nuse River to & from his House might be continued as usually.

Mr Sinclare mov'd for leave to bring in a Bill for an Act pursuant to said Petition & Prayer. Order'd that he have leave & that he prepare & bring in the same

The House adjourn'd till 3 of the clock in the Afternoon

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The House met according to Adjournment.

Mr Rigby mov'd for leave to bring in a Bill for an Act to oblige the Inhabitants of Bath Town to clear and keep clear the Streets of sd town & that the Inhabitants may be exempt from working on the Publick Roads &c.

Order'd he prepare and bring in the same.

The House resolved into a Committee of the whole House to debate on several clauses in the Fee Bill.

After some time spent therein Mr Speaker resumed the chair

Mr Chairman reported that the several Matters in the sd Bill were debated & fully understood and that they thought necessary to make several amendments therein. To which the House concurr'd

The House adjourn'd till tomorrow morning 9 of the clock.


Thursday 21st of Febry 1739. [1740] The House met according to Adjournment

Mr Geo Bould mov'd for leave to bring in a Bill for an Act for the better regulating the Town of New Bern

Order'd Mr Roberts and Mr Bould prepare and bring in the same

Sir Richd Everard mov'd that a message be sent to the upper House requesting they would be pleas'd to pass & send to this House the Bill for an Act for Rating the Commoditys &c which was sent to them by this House the 19th instant

Sir Richd Everard mov'd that the Bill for an Act for the better ascertaining the Fees for the several Officers in this Province do lye on the Table till the Bill for an Act for rating the Commoditys &c be sent from the upper House to this House.

Order'd the said Bill lye on the Table pursuant to the said motion.

Sent the following message to the upper House.

May it please your Honours

This House Request Your Honours would be pleased to send them the Bill for an Act for Rating Com̄oditys which was sent to you the 19th Instant by Sir Richd Everard Bart & Jno Montgomery Esqre

Read the Petition of John Reed &c Praying to be exempt from all Publick Dutys and Levys The same Granted

Recd from the upper House a Bill for an Act for Erecting the Village call'd Newton in New Hanover County into a Town &c . . . . and a Bill for an Act for Rating the Commoditys &c

Read the Bill for an Act for prescribing the method of proving Book Debts . . . . & a Bill for an Act for appointing a Treasurer for the several Counties &c.

-------------------- page 512 --------------------

Sent them to the upper House by Mr Sinclare & Mr Peyton.

Recd from the upper House a Bill for an Act for Regulating the Militia of this province with Amendments.

Read the second Time and sent to the upper House the followg Bills . . . . for an Act for building a Court House and prison in Chowan County . . . . for an Act for Erecting the Village call'd Newton in New Hanover County into a Town and Township &c. by Mr Sinclare & Mr Peyton.

The House adjourned till 3 of the Clock in the afternoon

The House met according to Adjournment.

Read the Petition of Dugald McNeal & Cole McAlister in behalf of themselves and others

Resolved: That this House will concur, as far as lyes in their power to give Encouragement to the Petition.

And that a Message be sent to the upper house as follows

May it please your Honours

The House having read the Petn of Dugald McNeal & Cole McAlister in behalf of themselves and others the Petition we herewith send you to which wee refer and have Resolved to concur with your Honours as far as lyes in our power to give such Encouragement to the Petitioners as you shall think proper.

Recd from the upper House a Bill for an Act prescribing the method for proving Book Debts and a Bill for an Act appointing a Treasurer in the several countys &c and a Bill for an Act for Erecting the Village called Newton in New Hanover County into a Town & Township &c and a Bill for an Act for building a County Court House and Prison in Chowan County.

Mr Rigby produced a Bill for an Act for the more effectual Establishing a publick ferry from Bath Town to Core point on Pamplico River and for preventing any other ferry within Ten miles of the said Town of Bath on the same side of the River which he read in his Place.

Order'd the same to be sent to the upper House by John Montgomery Esqr and Mr Craven.

John Montgomery Esqre brought in a Bill for an Act for ascertaining the Boundary lines between Tyrrell Beaufort and Edgcomb Countys, Which he read in his Place.

Order'd the same be sent to the upper House by John Montgomery Esqre and Mr Craven.

Mr Craven brot in a Bill for an Act for confirming Titles to the Town Lands of Edenton for Securing the priviledges heretofore granted to the

-------------------- page 513 --------------------
sd Town & for Further Encouragement & better regulation thereof, which He read in his place & was sent to the upper House

Read a Bill for an Act to appoint that part of Bertie County lying on the South side of Roanoak River &c and was sent to the upper House.

Read a Bill for an Act to exempt the Inhabitants of Bath Town from working on the Publick Roads and to Oblige the Inhabitants of sd Town to Clear and keep Clear the Streets of the sd Town And was sent to the Upper House

Mr Speaker mov'd the Two Bills sent from the Upper House might be Engrossed Vizt A Bill for an Act prescribing the Method of proving bad Debts: A Bill for an Act appointing a Treasurer in the sevll Countys &c

Resolved the same to be Engrossed.

The House adjourned till tomorrow morning 9 of the clock


Friday the 22nd of Febry 1739. [1740] The House met according to Adjournment.

Sent to the Upper House the following Bills.

First for an Act for Establishing the Church &c: A Bill for an Act for ascertaining the Fees for the sevll Officers in this Province. . . . . for an Act for rating Commoditys

The House adjourned till 3 of the clock in the afternoon

The House met according to Adjournment.

Resolved: that the Members of the several Countys In this Province do lay before this House a list of all the freeholders in their Respective Countys That they may be added to the former list of Jurymen.

The House adjourned till tomorrow 9 of the clock.

Saturday the 23rd of Febry 1739. [1740] The House met according to Adjournment

Read the Bill for an Act for Erecting the Village called Newton in New Hanover County &c . . . . And a Bill for an Act for building a Court House and Prison in Chowan County And sent them to the upper House.

The House adjourned till 3 of the clock in the afternoon

The House met according to adjournment.

Read the petition of Hannah Charles &c Praying herself and a Negro belonging to her be exempt from all Dutys & Levys &c. The same Granted

The House adjourned till Monday 9 of the clock

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Monday the 25th of Febry 1739. [1740] The House met according to Adjournment

Sr Richd Everard one of the Commissrs appointed to Revise the laws in force &c Reported as follows

A Bill for an Act for Liberty of Conscience: A Bill for an Act directing the manner of granting for probates of Wills &c . . . . A Bill for an additional Act to an Act for providing Indifferent Jurymen in Causes Civil and Criminal &c.

Order'd they lye on the Table.

Resolv'd that the several County Treasurers in this Province pay Burgesses wages & all such claimes as shall be allowed of by this House by a Warrant from his Excellency to them directed.

Ordered that a Message be sent to the Upper House as follows

May it please your Honours

This House having resolved that the County Treasurers pay Burgesses wages and all claims that shall be approv'd of by both Houses out of the Pole Tax & Lone Money in their hands by a Warrt from his Excellency the Governr to them or either of them directed To which we desired your Honrs concurrence

Resolv'd that the Commissrs for revising the Laws to the Soward be paid the Sum of five hundred pounds for their service and that the following Message be sent to the Upper House for their concurrence

May it please your Honours

This House hath resolved to allow Edward Moseley Esqre Sr Richd Everard Baront Mr Samll Swann & Mr John Swann four of the Commissrs appointed the last Assembly to Revise the Laws of this Province the sum of five hundred pounds for the said service.

To which wee desire your Honours concurrence.

Order'd that the Commissrs appointed to the Noward to Revise the Laws of this Province Vizt William Smith Esqre John Montgomery Esqre John Hodgson Esqre & Mr Joseph Anderson do lay before this House the laws they have revised the next session of Assemblys

Resolved the several County Treasurers Issue no more Loan Money and that the several County Treasurers collect the Pole Taxes that are now due in their several Countys as the Law Directs

Ordered that a message be sent to the Upper House as follows

May it please your Honours

This House having resolved that the Several County Treasurers Issue no more Loan Money on Interest than what they have already let out,

-------------------- page 515 --------------------
and that the Several County Treasurers collect the Pole Taxes now due in their several Countys as the Law directs desire your Honours concurrence

Resolved that all Moneys taken by the officers for Collecting the Duty on all Vessells coming into the Several Ports & Rivers in this Province according to their Several draughts of Water shall be taken at 4 for One & all Officers who have taken any more shall refund the same to the several persons from whom it was taken

Ordered that the following Messages be sent to the Upper House

May it please your Honours.

This House having resolv'd that all the Moneys taken by the Officers for collecting the Duty on all vessells coming into the Severll ports and Rivers in this Province: according to their several draughts of Water shall be taken at 4 for one and all Officers who have taken any more shall refund the same to the several persons from whom it was taken desire your Honours concurrence

Sent by Mr Sinclare and Mr Bould

The House adjourned till three of the Clock in the afternoon.

The House met according to Adjournment

Recd from the upper House the bill for an Act for erecting the Village of Newton in New Hanover County into a Town & Township by the Name of Wilmington &c

Order'd the same be Engross'd

His Excelley the Govr sent a Message to this House commanding their immediate Attendance

Mr Speaker with the House waited on his Excellcy the Govr & presented the following Acts Vizt An Act prescribing the method of proving Book debts, An Act for appointing a Treasurer for the several Counties therein mentioned, An Act for Erecting the Village called Newton in New Hanover County into a Town & Township by the Name of Wilmington & for Regulating & ascertaining the Bounds thereof which were read three times in open Assembly and compared:

To which his Excellency assented & ordered the great Seal of the Province to be affixed thereto;

Then his Excellcy was pleased to Order this House to Return and proceed on further Business.

Resolved that the following list of Jurymen now produced to this House be added to the former List Vizt

-------------------- page 516 --------------------

FOR CHOWAN COUNTY.
Thomas Ward
Wm Haughton J
Jas Egerton
David Haughton
John Ronsom
Jacob Butler
Thomas Jones
Henderson Siston
Willm Benbury
Jno Harlow
Jno Walbutton
Frances Penrice
Wm Wilkins
Willm Hoskins
John Kelly
Michll Slaughter
Jos Anderson
Thos Stevens
Wm Arkill
John Jones Jnr
Henry Jones
Thomas Luton
Robt Fullington
James Fullaw
John Lewis
Peter Adams
Willm Handing
Lodowick Mester
Samll Laban Plumer
David Ambrose
Edward Champion
John Wallace
Thos Roundtree Senr
John Ward Junr
John Goodwin
Michael Brinkley
Ralph Outlaw
John Freeman
Richd Freeman
Thomas Spivey
Joseph Ming
Thomas Haughton
Nathll Ming
John Faulconer
Thoms Everton
Edward Lester
John Vail
John Blount
John Benbury
John Taylor
Luke Gregory
Thomas White
Wm Stacey
John Mitchener
John Richards
James Trotter
Thomas Blount
Thos Jones Senr
George Lisles
John Jones Senr
Wm Jones
Wm Luton
Jacob Print
Wm Wilson
Wm Lisles
Thomas Jones Jnr
Humphrey Robinson
Gabriel Casand
James Craven
Jacob Powell
Thomas Hoskins
John Parker
Charles Roundtree
Thomas Ward
George White
John Champion
Michael Ward
Willm Freeman
Thos Herrington
Jacob Spivey
Wm Haughton
Joshua Haughton
David Butler
Thomas Faulconer
Richd Haughton
Thos Robinson
John Halsey
Richd Fraizure
Thomas Collins
John Silney
John Penrice
John Wilkins
Abra Jones
Miles Gale
Peter Pain
John Bonnor
James Blount
Peter Young
Thoms Luton
Jos Champin
Wm Fillaw
Willm Lewis
Edwd Howcutt
Orlando Champin
Henry Lisles
Humphrey Garrott
John Hodgson
Abra Blackhall
John Montgomery
Luke White
Jas Farlee
Thos Garrett
John Ward Senr
John Alston
Thos Ward Turner
Thoms Wallace
Thoms Walton
Thoms Freeman
Benja Spivey Senr
Charles Campbell
-------------------- page 517 --------------------
Henry Hill
Benja Blanchard
Moses Hill
Walter Phelps
Charles Deal
Martin Hurdle
Willm Reddick
Thomas Norris
Jos Vann
John Adam
Edward Hare
John Thomas
Titus Jones
Samll Harrold
Abraham Hill
Jas Costan
Robert Lassiter
John Lassiter
Lewis Bond
Willm Hill
Thomas Hobbs
Henry Baker
Jas Wilson Burmoto
John Rice
Willm Daniel
Henry Guston
Alexa Oliver
Abra Adam Senr
Andrew Ross
Moses Hare
Robt Thomas
Willm Walton
Willm Rice
William Speight
Willm Walton Junr
Moses Lassiter
Gabriel Lassiter
Henry Bond
Aaron Blanchard
Moses Roundtree
Creek James Hinton
John Brinkley
Natha Williams
Wm Hughs
Wm Hays
Willm Vann
Jacob Adam
Chas King
Ephraim Hunter
Willm Jones
Willm Hunter
John Jones
James Folks
Richd Bond
John Measles
James Browne

FOR PEQUIMONS COUNTY.
Benja Simpson
John Pratt
John Matheds
Jos Parker
Abram Warren
John Stepney
Jos Ashley
Joshua Deal
Samuel Bonnes
Joseph Steward
John Moore
Mcrora Scarborough
Samll Moore
Jas Sitterson
Jona Sharrard
Henry Lamb
Phillip Piorey
Roger Kennion
Edwd Maudlin
Richd Wood
Samuel Gregory
Joshua Pratt
Jer Pratt
Nathll Carruthers
Willm Wyatt
Thomas Callaway
William Long
Edward Harris
Samll Standing
Abra Jennet
Samuel Hall
Robert Moore
Zacha Chancey
John Creasey
David Taylor
John Holloway
John Lilley
Arthur Barton
John Wedbee
Abra Mullen Junr
Thomas Ming
Wm Halsey
Francis Parker
Jas Carruthers
Thomas Long
Jos Callaway
Richd Wallis
Henry Hall
Thomas Norsom
Ralph Doe
Cabel Callaway
John Moore Junr
Zacha Elton
John Harman
Christo Armton
James Field
Frances James
Jas Morgan
Richd Robins
Isaac Mullen
-------------------- page 518 --------------------
Jas Parishee
Jno Bateman
Willm Bateman
Samll Swann
John Stevenson
Juley Williams
Jas Foster
Jno Parrish
David Hufton
Thoms Weeks
Robert Cox
John Blitchenden
Edward Rice
Danll Roquson
William Price
Simon Stallings
Thomas Davis
Richd Harrell
George Eason
Samll Green
John Gordon
John Powell
Joseph Perrishee
Thomas Holloway
Geo Snowden
Richd Whedbee
Antho Hatch
John Barclift
Albert Albertson
Jno Barclift Senr
Edward Turner
Lolo Hendrix
Joseph Barclift
Luke Bonds
Thoms Lilly
Jos Reddick
Nicho Stallings
Thomas Dooton
Moses Davis
Willm Scott
Richd Pierce
Jos Reding
John Harris
James Sumner
Michll Brinkley
Clement Hall
Wm Snowden
Christian Reed
Jno Wilcox
Willm Laden
Josa Barclift
Willm Tomlin
Thomas Stafford
Natha Gordon
Henry Raper
Thoms Blitchenden
Samll Bonds
John Reddick
Robt Reddick
Elias Stallings
Jacob Dooton
John Boyce
Thomas Eason
Isaac Speight
Jos Reding Jr
Marmaduke Norfleet
Thoms Wiggens

PASQUOTANK LIST OF JURYMEN.
Gabriel Burnham
Willm Upton
John Davis
Caleb Sawyers
John Pugh
Danll Cowen
Thomas Upton
Robt Morgan
Caleb Grandy
Christo Williams
Thos Faircliff
Griffith Gray
John Solley
Cor: Relf
Geo: Caroon
Richd Gregory
Richard Forgal
Robt Edney
John Burnham
Thoms Sawyer
John Relf Jr
Caleb Cowen
Edwd Upton
Jos Morgan
Chas Grandy
Miles McDaniel
Daniell Sawyer
Saunders Spence
Abel Rose
Willm Gregory
Jacob Gregory
Samll Barkett
John Jones
John Lachary
Jno Ivey
Jer Murden Jr
Chas Sawyer
Lodowick Williams
Evan Surrey
Thoms Grandy
Jas Williams
Jas McDaniel
Benja Sawyer
Hezekah Butterworth
Griffith Jones Jr
Cor: Jones
Sampson Gregory
John Bell
-------------------- page 519 --------------------
Willm Seaborn
Edward Jones
Willm Bell
John Beals
John Thorksey
Jacob Guilford
Jno Guilford
Jacob Pool
Thos Twiddy
Danll Jackson
Wm Turner
Thos Commander
Bartho Evans
Oliver Salter
Jos Armour
Jos Pendleton
Richd Gray
Jno McKeel
Thos Armour
Chas West Senr
Robt Palmer Junr
Jos Lambrosia
David George
Jer Chancy
Henry Palin
Wm Davis
Jonathan Hibbs
Wm Simpson Junr
Samll Pritchard
David Pritchard
Jno Davis Senr
Edwd Wharton
Job Nichols
Jno Richardson
Robt Cartwright
Jer Murden Senr
Jas Gregory
Robt Sanderlin
Job Gregory
Jacob Beals
Thoms Thorksey
Thos Merviday
John Bailey
Jno Nelson
Samll Jackson Junr
Solomon Pool
Benja Symmons
Jer. Symons
Timothy Meads
John Peggs
Thos Armour
John White
John Cary
Thoms McKeel
Antho Markham
Jer Wilcox
Jno Hosea
Zachariah
Thos Woodley
Wm Hickson
Thoms Palin
Jos Reading
Edwd Scott
Thoms Smithson
Richd Pritchard
Thos Sawyer Junr
Thos Davis
John Winbury
Willm Ward
Stephn Richardson
Wm Williams Senr
Abra Davis
Joshua Sawyer
Jno Sanderlin Jr
Jos Godfrey
Wm Furbush
Robt Thorkskey
Jos Guilford
Lathm Parsley
Chas Taylor
Samll Jackson Senr
Zacha Jackson
Patrick Pool
John Davis
Simon Bryan
Thom's Meads
Wm Winbury
Thos Pendleton
Jno Boyd
Benja Marskey
Thoms James
Robt Barnett
Jno Bassuck
Robt Hosea
Jno Jennins
Wm Brothers
Wm Brothers
Jona Reading
Samll Reading
Moses Cartwright
Thos Kersey
John Harris
Wm Weymouth
Jacob Albert
Henry Nichols
Jas Greaves
Thos Cartwright
Owen Rees
David Davis

CURRITUCK LIST OF JURYMEN.
Jos Sanderson
Timothy Ives
Thos Surry
Thomas Parker
Jno Woodhouse
Jos Sanderson Jr
Michll O Neal
Thos Sanderson
Peter Luts
-------------------- page 520 --------------------
Edwd Litchfield
Jonathan Jarvis
Samson Etheridge
Jos Sewing
Marmaduke Savile
Jas Lowell
Benja Beasley
Evan Jones
Bullock Symons
Robert Symons
Benoin Heath
Richardson Mors
Wm Rawlinson
Zekiah Farrow
Jno Neal
Isaac Davis
William Lee
Jno Etheridge
Saml Loe
Richd O Dowdy
Robert Overton
John West
Jno Armstrong
Danll Dockeles
Richd Bradley
Willowby Merchant
Jas Baker
David Jones
Jos Persons
Joshua Creason
Richd Fenton
John Perkins
John Crabb
John Pell
Richd Fanshaw
Jno Caroon
Thos Parker
Jas Parker
Evan Miller
Robt Bell
Thos Lowther
Peter Boom
Henry Jarvis
Adam Etheridge
Geo Paul
Robt Paul
Maths Fowler
Wm O Dowdey
Patrick Jones
Richd Jones
Cor Jones
Jno Heath
Geo Turner
Lno Whittby
Jacob Farrow
Hanson Brite
Willm Scott
Thomas Davis
Nehemiah Heath
Wm Williamson
Samll Brite
Samll Berry
Thoms Cox
Moses Linton
Parker Swindel
Jno Buckner
Henry Gibbs
Stephen Emery
Samll Silbey
Jas Phillips
Peter Dange
Willm Parker
Willm Parr
Moses Fanshaw
Samll Jarvis
Richd Jarvis
Willm White
Jno Williams
Jos Bowrin
Benja Howell
Peter Poyner
Stephen Williams
Henry Woodhouse
Thos Russell
Jos Applestole
John Tillett
Robt Paul Junr
Danll O Dowdey
Wm Mackey
Thoms Dudley
Thoms Legatt
Richd Wicker
Dennis Caps
Wm Rawlings
Job Carr
Thomas Neal
Thos Moncrieff
Danll Phillips
Danll Lee
Chas Brunt
Jas Nichols
Jno Linton
Benja Bennett
Lemuel Brite
Owen Dockeles
George Powers
Lewis Jenkins
Waitmen Emery
Samll Slow
Thos Rabb
Wm Glascus
Peter Parker
Wm Fiwell
Wallis Bray
Thos Moree
David Logatt
Timothy Eldridge
Luke White
Josias Nicholson
Jno Hughs
Edward Taylor
Gilbert Portwood
Otho Holland
-------------------- page 521 --------------------
Wm Surrey
Jacob Caroon
Jer Stephens
Samuel Symons
Caleb Merchant
Jas Poyner
Richd Gregory
Jer Mercer
Andrew Pravat
Solomon Bennett
Charles Reynolds.
Jas Moscer
Solo Jarvis
Solon Etheridge
Cadan Merchant
Willis Miller

BERTIE & EDGECOMB LIST OF JURYMEN
Thomas Jenkins
James Castelaw
Jno Peacock
Richd Rayley
Natha Jones
Jno Tiner
Wm Priger
Robt Williams
Jno Worrell
Benjamin Hill
Thomas Ganey
James Denton
Samuell Thomas
Geo Downing
Danll Dickinson
John Battail
Jos Lane
Edwd Harrell
Aba Harrell
Wm Turner
Jas Harrell
Joses Harrell
Jno Hineard
Jno Wiggins
Wm Johnson
Wm Hines
Owen Ryal
Thos Bell
Osborn Jefferys
Jas Barnes
Jona Tart
Richd Williams
Thos Barefield
Jos Hardy
Archibald Bell
Jno Taylor
Nich Tiner jr
Carolus Anderson
Jas Tiner
Thos Wall
Thos Horne
Jno Colson
Thoms Green
Jos Scott
Wm Vincent
James Bryant
Mathew Mashburn
Jno Browne
John Brown
Marmaduke Kimbrele
Owen McDaniel
Titus Moore
Thomas Harrell
Samll Harrell
Wm Churchwell
Pat Carr
Pettygew Salesbury
Chas Morett
John Carroll
John Harrell
Jno Hilliard
Samll Ruffen
Wm Wilson
Jas Tart
Thos Williams
John Page jr
Jno Edwards Junr
Willm Boon
Arthur Sherrard
Wm Eldridge
John Dowberry
Isaac Rice
Jos Pearson
Samll Williams
Arthur Williams
Moses Moore
Leond Langston
Thoms Futtrell
Joel Newson
Isaac Parker
Moore Carter
Hugh Horton
Jno Yelverton
Jacob Harrell
Edwd Harrell jr
Henry Everard
Moses Taylor
Geo House
Samll Gunner
Phil Pearce
Robt Hines
Joseph Harrell
Thos Andrews
Wm Hilliard
Robt Ruffen
Willm Collen
Jno Harrell jr
Thos Andrews
John Page Senr
-------------------- page 522 --------------------
Cador Powell
Wm Barefield
Thos Bradford
Willm Arnold
Evan Raglin
Edwd Roberts
Alfrede Ashley
Jno Bird
Geo Lockheart
Edwd Bird
Phill Walston
Jno Bell
Arthur Williams
Thoms Lee
Wm Rasbery
Jos Howell
Thoss Whitwell
Samll Herring
Henry Horne
Wm Ruffen
Wm Whitfield
Jno Harrell senr
Needham Bryan
Wm Moore
Nath Williams
Simon Turner
Wm Jordan
Danll Ogwin
Jas Lassiter
Thos Vincent
Jas Hutchinson
Richard Pace
Samll Buxton
Benja Duke
Willm Boon
Willm Bennett
Jno Boddice
Wm Cathcart
Andrew Erwin
Phill Thomas
Jas Guy
Epa Moore
Jas Rutland Senr
Nat Norwood
Robt Cates
Jas Brown
Jno Harsell
Thos Sutton
Jno Holbrook
Jno Aires
Michll King
Andrew Thompson
Thos Bryan
Jno Wynn
Jno Vanpelt
John Rasbery Senr
Jno Howell Jur
Jno Gray
Jno Cotton
Thos Hart
Mat Hardy
Wm Whitfield Jr
Abra Harrell
Jno House
Benja Hill
Thoms Bonner
Jos Turner
Jno Rackley
Jno Davis
Jno Sutton
Jno Sharrard
Hardy Councill
Willm Pace
Thos Howell
Samll Pate
Willm Taylor
Thoms Bryant
Willm Boddice
John Vail
Willm Warr
Edwd Arpe
Thos Dautrey
Jona Stanley
Jno Spann
Samll Norwood
Chas Stephenson
Antho Webb
Thos Ashley Junr
Roger Snell
Jas Lockheart
Nat Hill
Henry King
Geo Bell
Samll Scolley
Joseph Wynn
Daniell Vanpelt
Jno Rasbery Junr
Wm Weston
Francis Hobson
Chas Horne
Jno Hart
Peter West
Henry Wood
Thomas Barker
Isaac Harrell
Samll Tayler
Richd Williford
John Bradley
Robt Cleary
Andrew Collins
Jno Vincent
Thos Hays
Lawrence Daughtrey
Arthur Cook
Robert Duke
Jacob Parsons
Andrew Taylor
Jno Edwards
Jno Bentley
Isaac Hunter
Solo Fuller
Hardin Cane
Josa Dautrey
-------------------- page 523 --------------------
Wm Bryant
Wm Perry
Jas Barefield
Jno Jones
Samll Allen
Willm Bell
Drew Smith
Thoms Drew
Robt Council
Willm Ashburn
David Legatt
Jno Bentley jr
Luke Mizell Senr
Jos Jordan
Hugh Highman
Henry Hunter
Wm Ward
Jno Jordan
Wm Bird
Jas Jones
Harman Hill
Benja Wynns
Andrew Ireland
Thoms Jackson
Christo Leager
Benja Johnson
John Lane
Wm Williams
Jno Hill
Stephen Cade
Jno Richards
Thos Avent
Nicho Sessions
Willm Foreman
Joseph Parker
Jno Bryan
Jas Cane
Ambrose Pitman
Jos Wall
Richd Braswell
Brasswell Bridger
Danll Huff
Richd Barefield
Bryan O Quin
Jas Douglas
Hardin Holmes
Jas Pirant
Wm Bryant
Jno Spiere
Wm Rhoads
Jona Righing
Jas Bentley
Jos Bentley
Wm Hacocks
Richd Swain
Edwd Frisbee
Jas Hurst
Jas Ward
Henry Cobb
John Williams
Wm Hodges
Rowd Williams
Wm Peak
Thomas Banks
Alex Cotton
Cullomore Session
Jacob Pope
Thomas Goadson
Arthur Harris
Willm Reeves
Nathall Perry
John Moore
Willm Avent
Elias Ford
John Griffen
Henry West
Samll Hargrave
Thos Drake
Jas Saunders
Jas Jones
Arthur Crawford
Thoms Bryan
Jno Beverley
Jas Wood
Pat O Quin
Thos Crews
Jno Bell
Jas Flood
Thos Turner
Thos Dowls
Wm Lattimere
Jas Legett
Edwd Collins
Jno Smithwick
Willm Jordan
Alexa Ray
Jos Wimberley
Jno Watson
Phil Ward
Robt Lawrence
Isaac Hill
John Morey
Jos Wynns
Jno Barker
Edwd Outlaw
Wm Warren
Robt Terrel
Jno Pope
Benjamin Lane
Steph Ragland
Jas Parham
Jos Step
Wm Shorter
Fras McAnder
Jno Mann
Garret Wall
Robert West
Willm Cane
Jas Jenkins
Willm Spiere
Jacob Braswell
Benja Bridger
Henry Jones
-------------------- page 524 --------------------
Robt Cade
Bowiby Milton
Will Kinchen
Jno Lowe
Wm Mackane
Jos Dew
Bryan Machelan
William Barnes
Henry Gay
Jos Barns
Thos Davis
Richd Lee
Nicho Boon
Barnaby Bryan
Samll Bridgers
Jno Borden
Jos Brite
Jas Wilkins
Jas Folk
Benja Porson
Jos Peal
Samll Taylor
Joseph Phillips
Thos Phillips
Arthur Jordan
Thos Toler
Hopkin Howell
Henry Horn
Thos Hart
Robt Hilliard
Geo Goodson
Fra Rountree
Thoms Page
Jno Wiggins
Wm Borden
Christo Gowen
Abra Dew
Jas Dukes
Wm Charles
Thos Wattockson
Thos Arrenton
Wm Pace
John Moore
Wm Short
Robert Jones
Jno Gardner
Wm Taylor
John Barnes
Nathan Barns
Joshua Lee
Jno Hobb
Josiah Liverman
Jas Maney
Wm Bryant
Edwd Chitty
Jos Bridgers
Thos Britt (quaker)
Willm Hines
Thos Baaley
John Bockin
Chas Jordan
Thos Bockin
Wm Hill
Edwd Boiakin
Joseph Smith
Francis Bayakin
Nicho Manger
John Grigory
Geo Wimberly
Chas Cavaners
Thomas Kirby
Isaac Rix
Richd Wiggins
Robt Buller
Wm Andrews
Danll McClam
Edwd Buxton
Thos Wiggins
Willm Rust
Thoms Burnett
John Rogers
Ralph Mason
Jno Cotton
John Gill
Robert Harris
Jno Mackane
Wm Whitley
Wm Goodwin
Peter Garland
Thos Parker
David Journakin
Jacob Barns
Godfrey Lee
Thos Thaunton
Abra Baggott
Jno Johnston
Richd Worrill
Wm Borden
Jas Carter
Joseph Huff
Wm Deloack
Geo Williams
Nathan Williams
Richd Wall
Edwd Hood
Wm Hart
John Bourk
River Jordan
Chas Grigory
Benja Sellers
Jer: Hilliard
Vall Brasswell
Jos Moore
John Cane
Wm Everett
Phil Piorce
Jas Spiere
Jno Spiere
Isaac Rix
Nathan Joyner
John Burnett
Robt Hill
Thos Tice
-------------------- page 525 --------------------
Alex Ortery
Wm Brown
Frances Betts
Wm Roundtree
Richard Brasswell
Henry Holley
Jno Ballard

TYRELL LIST OF JURYMEN
John Fort
Wm Goodman
Edwd Smithwick
Peter Martin
Lewis Davis
Robt Lannier
Jno Duggin Jr
Wm Misell
Wm Stancell
John Griffen
John Ward
Denniss Glisson
Richd Sparkman
Benj Carkeet
Robt Moss
Joseph Dwight
Matthew Adams jr
Willm Rhodes
Chas Hardison
Willm Stubbs
Benja Walker
Willm Swinson
Jas Jones
Robt McCray
Giles Long
Thos Hawkins
Samll Spruil jr
John Jengle
Cuthbert Phelps
Jos Alexander
Jasper Hardison
John Suell
Joshua Alexander
Wm Gilbert
Joseph Spruill
Wm Kenneday
Robt Anderson
Wm Hambleton
Wm Folk
Samll Wheatley
Robt Warren
Wm Duggan
Thoms Bennett
John Gardner
Martin Griffen
John Butler
James Glisson
Chas Barfield
Benj Corree
John Browning
Thoms Evans
Matthias Adams
Danll Garret
Benja Blunt
Zacha Grikin
Willm Barrett
Richd Swinson
Wm Mackie
Henry Gray
John Swain
Jas Smith
Samll Spruil Senr
Jona Bateman
Joshua Phelps
John Jennet
Wm Rofield
Edwd Hewett
Brigt Fitz Patrick
John Little
John Swain
Benja Bedford
Edwd Stevens
Ephnets Griffin
Warren Andrews
Jno McCaskey
Matthias Jevenner
Samll Smithwick
Jno Stansell
James Swane
Edwd Griffin
Wm Gardner
Joseph Mercer
Thos Jones
John Willard
Josph Hudson
Willm Morris
Jno Walker
James Blunt
Corns Callehan
Nathll Everett Junr
Edwd Blunt
Willm Ray
Richd Kenneday
Stevens Lee
Joshua Worley
Edward Holt
Thoms Davis
Henry Norman
Nathan Bateman
Antho Alexander
Geo Phillips
Wm Wilson
Thos Best
Samll Durant
John Midleton
Lamb Alexander

-------------------- page 526 --------------------

Ordered the following message be sent to the upper House with the aforesaid List.

May it please your Honours

This House have resolved that the several Lists of Jurymen herewith sent for the several Countys in this Province be added to the former Lists To wch wee desire your Honours concurrence.

The House adjourned till tomorrow 9 of the clock.


Tuesday the 26th of Febry 1739. [1740] The House met according to Adjournment

Mr Lowder one of the Members for Currituck County mov'd that the following persons might be exempt from all publick Services & paying all publick Taxes Vizt Thos Broglin John Kory Martin Boling

Ordered The said motion be Granted

Mr Brice mov'd this House, that Mathew Sams might be exempt from all publick Services & from paying all publick & Parish Taxes The same is Granted.

Mr Brown One of the Members of Bertie County mov'd this House that Benja Johnson might be Exempt from paying publick & parish Taxes & all publick service The same is Granted

Ordered the Clerk of this House have and receive Ten Shillings Bill Money for each Certificate for exempting persons from publick Service &c

Rec'd from the upper House, A Bill for An Act to ascertain the allowance of his Majesty Council & the Members of Assembly of this Province wth Amendments.

Sr Richd Everard mov'd that Mr Sumner Mr Alderson Mr Samll Swann Mr Geo Roberts Mr Dawson Mr Bryan Mr Blount Mr Bartram Mr Smithwick be appointed to Joyn the Members of the upper House to Value the Excha of the Currency of this Province And they were accordingly appointed

Resolved Considering the many confusions that have for many past years prevailed in this province there is an absolute necessity for Inspecting all the Records & Offices in this Province the Propertys of the Inhabitants thereof

Resolved That Commissioners be appointed to Inspect the same & lay the State thereof before the Genll Assembly of this Province at the next Session & also a State of the Records and the said Commissrs are hereby impowered to inspect all and every Office within this Province. And that members or the Majority of them for each County do examine

-------------------- page 527 --------------------
the Records of the Several Countys they represent and Report the same as before

Ordered That John Montgomery Esqre be added to the Members of Chowan County to Inspect the Genll Court Office and Secretarys Office there

And that Mr Samll Swann Mr John Swann & Sr Richd Everard Inspect the Secretarys Office at Cape Fear.

And that Mr Speaker be added to the Members of any of the Countys requiring his Assistance, to Inspect the Records of any of their Countys

Ordered That an address be presented to his Excellcy the Gov requesting him to give proper Orders to the Several & Respective Officers to pay due Regard to the above Resolves.

Recd from the upper House the message in relation to the Jury List. Endorsed on the Back that this Rule be observed untill the next session of Assembly: And Further Endorsed. That this Rule be observed until the next Assembly & that the Clerk of the Assembly enter the same Lists on the Journal & deliver to Mr Chief Justice a Copy of the Same to cause Scroles to be made thereby to be put into the balloting box.

Recd from the upper House a Bill for an Act for confirming Titles to the Town Lands of Edenton

Mr Montgomery mov'd his Excellcy be address'd to direct a Writ to Issue to Elect a Member for Tyrell County in the Room of Mr Castelau who was chose for Bertie & Tyrell Countys having declared He serves for Bertie County. . . . .

Ordered that Mr Montgomery draws & present the sd address

Sr Richd Everard reported from the Committee of Publick Accounts as follows Vizt

Mr Simon Anderson Treasurer of Beaufort County exhibited to the Committee his Accot of the Collection of the five Shilling poll Tax for the sd County for the Year 1736. 1737. 1738. 1739 and paid in to the Committee the Sum of Four hundred eighty seven pounds the ballance thereof.

The sd Mr Anderson also delivered to the Committee the Sum of Eighty nine pounds being part of the Loan Money; There being due from Collo Robert Turner on the Ballance of his Accot last March the Sum of One hundred ninety two pounds seven shillings and seven pence he appeared before the Committee and after deducting sundry claimes heretofore allowed him by the Assembly as also the Wages due unto him when he was an Assembly Man the Total whereof Amounted to One hundred & five pounds thirteen Shillings he paid the Sum of Eighty Six pounds fifteen Shill being the Ball due from him Mr Leary exhibited Mr Etheridges

-------------------- page 528 --------------------
Acct of the pole Tax for Currituck County for the Year 1731 at 3s for the remainder of the 5s pole Tax for the year 1736 for the pole Tax of 5s for the year 1737. on which there appears due to the Publick the Sum of One hundred thirty pounds thirteen Shillings & five pence which he paid

Mr James Castellaw paid Two hundred pounds in to the Committee in part of the poll Tax for Bertie County.

Collo Mcrora Scarbrough exhibited Mr Chas Denmans Acct of the Emission of Loan Money whereby It appears there is due to the Publick five hundred sixty two pounds fifteen shillings & Tenpence as by that Acct lodg'd wth the papers of This Committee also such pole Tax money, as the sd Denman rec'd for the Year 1735. It is Order'd That the sd Collo Scarbrough Treasurer of Pequimons do receive the aforesaid Sums of Mr Denman's Widdow and account with the publick for the same

Mr James Wainwright exhibited his Acct on which there appeared a Ballance due from him the Sum of Two hundred & sixty Seven pounds fifteen shillings & tenpence halfpenny which he paid

Note this Acct includes only the ballance due from him at last Settlement in Febry 1738 & four years 5s pole Tax but that Tax is not fully collected by him & therefore includes only such as he has already received;

The Committee report that Mr John Tripp hath not paid One hundred forty three pounds ten shillings he is indebted to the publick

Resolved by the Committee that all Treasurers and other persons who have any concerns with the publick Moneys have notice from the Clerck of the Assembly to attend the first day of the next Session of Assembly to account for & pay the Respective Sums they are indebted to the Publick


Febry 26th 1739/40

Sr Richard Everard Chairman allowed by the House to the Committee for Clerck and Expences Twenty two pounds fifteen Shillings

To all which the House assented

Rec'd a Message from the upper House as follows

Mr Speaker & Gent

On reading the Bill for ascertaining the Allowance of the Members of Council and Assembly &c This House have come to the following resolution.

That an Amendment be made to the Bill by adding an Allowance for Ferriages to the Members of Council &c Assembly & that one day

-------------------- page 529 --------------------
more be added to the Members of Tyrell County for coming and going to both which we desire your concurrence before We put the Bill for passing in this House.

May it please your Honrs

In answer to your Message relateing to the Allowance of the Members of Council & Assembly Wee concurr with the Amendments proposed not including Servants & Servants Horses

Sent a Message to the Upper House as follows

May it please your Honours

Pursuant to an Act of Assembly pass'd in March last. Wee have appointed the following persons with Mr Speaker to joyn your House to value the Exchange of the Curry of this Province Mr Sumner Mr Anderson Mr Samll Swann Mr Roberts Mr Dawson Mr Thomas Bryant Mr Jno Blount Mr Bartram & Mr Smith wick who are ready to proceed on the same when your Honours will be pleased to give them notice.

Mr Craven mov'd to withdraw the Bill for an Act for confirming Titles to the Town Lands of Edenton &c

Ordered he have leave to withdraw the same which he did accordingly.

Resolved that the Indians ought to have Liberty till next Session of Assembly to hunt on all peoples Lands they keeping out of Inclosures & not burning the Woods near any persons plantations and do no Damages to Peoples stocks & behaving themselves orderly

And that a Message be sent to the upper House for their concurrence

The House adjourned till 2 of the clock in the afternoon

The House met according to adjournment

Reported by Mr Roberts from the committee of claims as follows Vizt

Allowed Mr Richard Evans for old Bills in the year 1722.
8
10
0
To Christo Dudley Eleven days horse hire at Seven shills & sixpence per day pressd by Mr Trotter
4
2
6
To Wm Bartram for a Negro Executed
200
0
0
To Thomas Lowther for acting as Coroner on three Inquisitions Including all Expenses
10
0
0
To Francis Singfield for Twelve days horse hire at 10s per day pressed by Geo Lisle
6
0
0
To Collo Willm Wilson for Executing Catharine Sullivan
5
0
0
To watching the Goal
5
0
0
-------------------- page 530 --------------------
To Dyet for the sd Sullivan whilst in Prison
7
18
0
To Prison Fees
3
15
0
For Gallows and Halter
3
15
0
To James Craven for attending as Clerck of a Special Court held at Edenton for Tryal of Three Negroes belonging to Mr Edward Gale & James Potter
5
0
0
To Ditto as Clerk on the Tryal of a Negro belonging to Mr Danll Pugh
5
0
0
To Do for acting in Tryal as aforesd of a Negro belongg to Mr Jas Farloe
5
0
0
To Do for the same Service on the Tryal of a Negro belonging to Thos Jones
5
0
0
Mr Robt Forster produced several claims to this House .... to the Amount of one hundred & Twenty pounds wch was allowed
Mr Craven Clerck of a Special Court for Trying of a Negro Man slave belonging to Mr Danll Pugh produced a Copy of the Record Setting forth that the Sd Slave was valued at one hundred & Eighty pounds referr'd to the House & allowed
Mr John Dawson produced a Claim on behalf of Rowland Williams for a Negro named Will Executed according to Law & valued at Two hundred pounds allow'd
200
0
0
To Wm McKay for summoning 113 persons to serve as Jury Men on Several Courts held at Edenton allow'd as the Law directs
£28
5
0
To Do for commitment of Geo Arger for Fellony & maintaining him in Goal four Months Including all his Fees
£20
0
0
To Do for Commitment of Jno McDonald and Maintaining him in Goal
8
0
0
To Do for watching Edenton Goal whilst Mr Buncombs Negroes were therein
1
0
0
To Do for Repairing the Court House
10
0
To Do for Commitment of Jos Bass & maintaining him Ten days
2
10
0
To Do for Repairing Edenton Goal
11
0
0
To Do for Executing three Negroes Two belongg to Mr Buncombe & one to Mr Gale
9
0
0
-------------------- page 531 --------------------
To Dennis Sherlock for Expences of the Committee for Rating the Commoditys
3
0
0
To Geo Bould for house Room fire & Candles for this Committee
10
0
0
To Mr Chief Justice paid for Erecting a Pillory at Edenton
13
0
0
To James Coor Clerck of the Committee
10
0
0
To Mr Herritage for Stationary Ware
15
0
0

Which was allowed by the whole House.

Resolved That the Publick Moneys Recd by Sr Richard Everard Chairman of the Committee of publick Accots be paid into this House immediately. And that a Message be Sent to the upper House for concurrence as follows.

May it please your Honours

This house having resolved that the publick Moneys rec'd by Sr Richd Everard Chairman of the Committee of Public Accounts. be passed in this House immediately. Desire your Honours concurrence.

Ordered That all Publick Treasurers and other Persons who have any concerns with Publick Money & Publick Accots have notice to attend this House the first day of next Session of Assembly to accot for pay their Respective sums they are indebted to the Publick . . . . . And that the Clerck of this House signify such Notice by Advertisement.

Ordered That the Report of the Committee of publick Accots be sent to the upper House for concurrence

Recd the message sent to the upper House by this House in Relation to Sr Richd Everard his paying the publick moneys he has recd this Session to this House

Endorsed in the upper House concurred with

W. SMITH P

Sent the following message to the upper House

May it please your Honrs

This House is of opinion considering the many confusions that have prevailed in this Country there is an absolute necessity for Inspecting all the Records and Offices of this Province upon which the estates & propertys of the People wee represent are so essentialy concerned. And that Commissrs be appointed to Inspect the same and lay the State thereof before the Genll Assembly at their next meeting and Impowered to Inspect all & every Office and Offices in this province. And desire your Honrs Concurrence to the same and also to joyn with us in an Address to his Excelley that he would be pleased to give proper Order to the Respective Officers to pay due Regard to the said Resolve:

-------------------- page 532 --------------------

Rec'd the Bill for an Act to ascertain the Allowance of his Majesty's Council &c with Amendments as also the following Message

Mr Speaker & Gent

Wee cannot recede from our Opinion that the ferriage of the Servants & horses of the Members of Council & Assembly be added to the Bill for allowances of his Majestys Council & the Members of Assembly Wee have therefore incerted that Amendment and pass'd the Bill thereon:

Mr Speaker reported to this House the Rect of the aforesaid Bill and Endorsement

Ordered the same to be Engross'd

Sr Richd Everard delivered to this House Twelve Hundred thirty Eight pounds seven shillings from the Committee of publick Accot

Ordered the same be lodged in the Hands of the Clerck of this House

Resolved that the Wages due to the Servants of both Houses & Wages due to the Members of former Assemblys be first paid out of the Moneys this day paid into this House by Sr Richard Everard and that the following Message be sent to the upper House for concurrence

May it please your Honrs

This House having Resolved that the Wages due to the Servants of both Houses & the Wages due to the membrs of former Assemblys be first paid out of the Moneys this day paid in to this House by Sr Richd Everard Desire your Honours concurrence

The House adjourned till tomorrow morning seven of the clock


Wednesday the 27th of Febry 1739. [1740] The House met according to Adjournment

Recd from the upper House a Message in relation to the Petn of Dugald McNeal & others as follows


In the upper House of Assembly Febry 26th 1739 ]1740]

The House taking into Consideration the Petn of Dugald McNeal & Cole McAlister in behalf of themselves & others referr'd to this House by the Lower House This House came to the following Resolutn Vizt

Resolv'd that the persons mentioned in the sd Petn shall be freed from payment of any publick or Country Tax for Ten years next ensuing their Arrival

Resolved that towards their Subsistence the sum of One Thousand pounds be paid out of the publick Money by his Excellcy Warrant to be Lodged with Duncan Campbell Dugald McNeal Danll McNeal Cole McAlister & Neal McNeal Esqre to be by them distributed amongst the several Families in the said Petition mentioned

-------------------- page 533 --------------------

Resolved that as Encouragemt for protestants to remove from Europe into this Province to Settle themselves in Bodys or Townships that all such as shall so remove into this Province Provided they exceed forty persons in one body or Company they shall be exempted from payment of any publick or Country Tax for the Space of Ten years next ensuing their Arrival

Resolved that an Address be presented to his Excellcy the Govr to desire him to use his Intrest in such manners as he shall think most proper to obtain an Instruction for giving Encouragement to Protestants from Foreign parts to settle in Townships within this Province to be set apart for that purpose after the manner and with such priviledges & Advantages as are practised in his Majestys Province of So Carolina

Resolved That this House concurs with the several Resolves of the Upper House in the abovesd Message Except that relateing to the thousand pounds which this House refers till next Session of Assembly for Consideration.

The House adjourned for one Hour.

The House met according to Adjournment.

Sent the following Message to his Excellcy the Govr

May it please your Excellcy

This House having appointed Commissrs to Inspect all the Records & Offices in this Province & to lay the State of the same before the Genll Assembly of this Province at their next meeting

Humbly addressed yr Excellcy That you would be pleased to give orders to the Several and Respective Officers of the sd Offices in this Province to pay due Regard thereto & also that you would be pleased to give such directions therein that the State of the Said Records may be laid before this House the next Session of Assembly:

To which his Excellcy assented.

Recd from the Upper House the message sent by this House concerning the Indians hunting &c

Endors'd concurred with W SMITH P

Sent the following Message to his Excellcy

May it please your Excellcy

It appearing to this House that Mr James Castelaw was chose Representative for Bertie & Tyrel Countys. It being demanded of him by this House which of the said Countys he would serve for declared for Bertie therefore One Member is wanting to Represent Tyrol County

-------------------- page 534 --------------------
aforesd Desire your Excellcy would be pleased to direct the Clerck of the Crown to Issue a Writ for the Choice of a Representative for sd County in the Room of Mr James Castelaw

To which his Excellcy assented.

Receiv'd the message sent to the Upper House relating to the payment of the Servant Wages of both House &c

Endorsed In the Upper House concurred with.

W SMITH P.

Ordered the same be sent to his Excellency the Govr for Assent Who returned the same Endorsed Agreed to by G J.

Recd the following Message from the Upper House

Mr Speaker & Gentn

Wee have recd by Mr Swann the Report of the Committe for both Houses on the claimes allow'd of by your House & Sign'd by the Speaker

As wee cannot doubt but this Paper was sent up for our Concurrence, Wee have upon Reading & considering the same & from the Report of the Gentn of our House: on that Committee and thought proper to Add four pounds to the Article of Richard Lovett for Stationary Ware which makes the sum Eighteen pounds. To which wee desire your concurrence.

His Excellcy sent to this House Commanding their Attendance at the Council Chamber with what Bills are Engrossed

This House waited on his Excellcy the Govr at the Council Chamber: And Mr Speaker presented to his Excellency the Act for ascertaing an Allowance to his Majestys Council and the Members of Assembly Which was ready Recd his assent.

Then His Excellency was pleas'd to prorougue this Assembly to Edenton the second Tuesday in November next

Mr Speaker with the House return'd And pronounced the Prorogative accordingly