Read a letter to the Secretary from Mr McCulloh dated at Wilmington in North Carolina Novr 12th 1741 mentioning some Representations and Memorials to the Lords of the Treasury and to this Board which he has transmitted by different ships.
The Secretary laid before the Board the following public papers transmitted from North Carolina and brought to the Office by William Smith Esq. President of the Council of that Province Viz:
Minutes of Council from 22 May to 24 August 1740. and from 6 March 1740/1 to 23 May 1741.
Minutes of Council in Assembly beginning 6th of Febry 1738/9 & beginnign 5 Febry 1739/40 and ending 27th Ditto
Minutes of Assembly beginning 6th Febry 1738/9 & beginning 5 Febry 1739/40 and ending 27th ditto
The Secretary laid before the Board the following papers lately received from Wm Smith Esqre President of the Council of North Carolina Vizt
Journal of the Upper House of Assembly at the Sessions begun July 31st 1740.
Minutes of Assembly beginning July 31 and ending 22d August 1740.
Mr Samuel Wragg Merchant Agent for the Assembly of North Carolina attending moved the Board to take into consideration an Act passed in that Province in August 1740 to appoint able and skilful Clerks for the several County Courts within that Province and for the better securing and safe keeping the records of the same—whereupon theirr Wragg promised to acquaint Mr John Sharpe (Solicitor to Mr Rice Secretary of North Carolina) therewith that he might attend at the same time.
Read a letter from Mr Johnston Govr of North Carolina dated at Edenton Dec. 21. 1741 giving an account of his attempt to pass a new Quit Rent Law and his ill success therein as also of his having prorogued the Assembly desiring the Board's opinion how he is to behave in this case and in relation to Quit Rents. When the Board after some time spent in considering the subject of the said letter resolved to take the same into consideration again after the recess.
Mr Sam. Wragg Merchant Agent for the Assembly of North Carolina and Mr John Sharpe Solicitor for Mr Rice Secretary of North Carolina attending (as had been appointed by the Minutes of the 9th inst.) the Board took into consideration an Act passed in that Province in August 1740 to appoint able and skilful clerks for the several County Courts within that Province for the better securing and safe keeping the records of the same And the Board after hearing Mr Sharpe's objections to the said Act appointed Wednesday the 28th of this month for the attendance of the same persons in order to show Mr Rice's power of appointing his Deputys as also for considering at the desire of Mr Sharpe another Act of North Carolina passed in 1740 Entituled An Act for the further and better regulation of the Town called Wilmington in New Hanover County and to establish the Church of the Parish of St. James to be built in the said Town.
Mr Wragg not attending according to appointment of the Minutes of the 14th inst Mr Sharpe at his request being admitted desired the Board to appoint another day for their attendance which being agreed to Friday morning next was accordingly appointed.
Mr John Sharpe attending as appointed by the Minutes of the 28th inst. acquainted the Board that Mr Wragg being indisposed was not able to attend but that he desired to be heard in opposition to an Act of North Carolina (mentioned in the same Minutes) entituled An Act forr Mauley Secretary to the Commissrs of his Maj. Customs and that he be desired to lay the same before the Commissrs in order to have their opinion whether the alterations proposed in the said Acts so far as they relate to the Customs may affect his Maj. revenue there & that this Board may be informed of their objections to the said Acts if they have any.
Read a letter from Mr McCulloh to the Board dated at Cape Fear in North Carolina the 12th of Novr 1741 inclosing a Representation to their Lordships with an account of his proceedings in North & South Carolina in the execution of his Commission and transmitted to the Board in obedience to His Maj. Instructions, together with the following papers.
Copy of the Memorial of Mr Henry McCulloh to the Lords Commissrs of His Maj. Treasury.
Copy of a letter wrote to the Speaker of the Assembly of South Carolina by Mr McCulloh.
Publick notice addressed to all Gentlemen Freeholders whom it may concern.
Proposals of Henry McCulloh Commissr of the Quit Rents with the report of the Committee of the whole House thereon as agreed to by the House.
Copy of several Orders & Directions given to the Deputy Auditor & Surveyor Genl of the Lands and also to the Secretary and Receiver General of the Quit Rents.
Copy of several resolutions of the Lieut. Govr and Council of South Carolina the 3rd April 1741 in relation to His Maj. 15th & 16th instructions given by Henry McCulloh in charge to the Surveyor General of the Lands.
Commissioner of the Quit Rents Representation to the Lieut. Govr of South Carolina in Council with a Declinary Plea annexed 8 April 1741.
Form of a Rent Roll delivered the Deputy Auditor General.
The Method and Form to be observed by the Deputy Auditor and Secretary in making out a particular state of the present possessors of lands in rights of Grants Patents and Warrants.
Observations on the heads of a Bill humbly proposed by Henry McCulloh to his Honor the Lieut. Govr of South Carolina in Council to be recommended to the consideration of the Commons House of Assembly of that Province.
Read again and reconsidered the Representation from Mr McCulloh to the Board dated 12th Novr 1741 (mentioned in the Minutes of the 17th of last month) relating to his proceedings in the execution of his Commission in North and South Carolina.
A letter of Mr Johnston Govr of North Carolina dated 21st of Decr 1741 (read the 14th of April last) was likewise again read giving an account of his attempt to pass a Quit rent law and his ill success therein as also of his having prorogued the Assembly and desiring the Board's opinion how he is to behave in this case and in relation to collecting the Quit rents.
The further consideration of the subject of the said Letters and Representation particularly relating to a new Quit Rent Law to be passed in North Carolina was deferred to another opportunity.
The Board took into further consideration the letter and Representation from Mr McCulloh relating to his proceedings in Carolina (mentioned in yesterday's minutes) as also Mr Johnston's letter relating to a new Quit rent Law to be passed in North Carolina and made some progress therein.
The draught of a letter to Gabriel Johnston Govr of North Carolina in answer to one from him of 21st Decr last having been prepared was agreed to, transcribed & signed.
Ordered that the Secretary transmit a copy of Mr Johnston's said letter in one to Mr Scrope Secretary of the Treasury and desire him to lay the same before the Lords Commrs for their directions thereupon
The Board having reconsidered Mr McCulloh's letters and papers (mentioned in the minutes of the 17th June & 14th July last) ordered the Secretary to write him an answer thereto.
After the adjournment of the Board a letter was received from Mr Scrope Secretary of the Treasury dated the 25th of Aug. 1742 in answer to one from the Secretary of this Board signifying that the Lords of the Treasury desire to be informed whether there is any established Court of Exchequer in North Carolina. Whereupon the next day the Secretary writ an answer to Mr Scrope's letter.
Ordered that the Secretary write to Mr John Sharpe and desire his attendance at the Board on Wednesday morning next when they have appointed to take into further consideration the Act to appoint Clerks for the several County Courts in North Carolina
Mr Sharpe attending as desired by the Minutes of the 7th inst. the Board after some discourse had with him on the subject of the Act entituled An Act to appoint Clerks for the several County Courts in North Carolina ordered the draught of a representation to his Maj. to be prepared proposing his disallowance of the said Act.
The draught of a Representation to His Majesty for disallowing the Act of North Carolina passed in August 1740 entituled an Act to appoint Clerks for the several County Courts in North Carolina having been prepared as ordered by the minutes of yesterday was agreed to and signed
The Secretary laid before the Board the nine following copies of Orders in Council transmitted from the Council Office the 24th of last month, Vizt
Order in Council dated 15th Septr 1742 directing Commissrs to set apart ⅛ part of the Province of Carolina to the Lord Carteret under certain conditions.