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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
July 20, 1743 - July 27, 1743
Volume 04, Pages 651-655

[B. P. R. O. North Carolina. B. T. Vol. 28.]
LEGISLATIVE JOURNALS.

North Carolina—ss.

At an Assembly begun and held at Edenton the fifteenth day of March in the year of our Lord One Thousand Seven hundred and Forty Two and in the sixteenth year of the reign of our Sovereign Lord George the second by the Grace of God of Great Brittain France and Ireland King and so forth And from thence continued by several Prorogations to the Twentieth day of July at Edenton in the year of our Lord One Thousand Seven Hundred and Forty three and from thence further continued by Prorogation to Thursday the Twenty Second Instant. Being the second Sessions of this present Assembly.

MEMBERS PRESENT.
Mr Speaker
Mr Scarbrough.
Mr Joseph Anderson.
Mr Gardiner.
Mr Starkey.
Mr Barker.
Mr Geo: Powers
Mr Burgess.
Mr Hill.
Mr Barrers.
Mr Faris.
Mr Hill.
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Mr John Etheridge
Mr Sawyer.
Mr Benbury.
Mr Sinclare.
Mr Craven.
Mr Taylor.
Mr Christopher Reed
Mr John Hodgson.
Mr Smithwick
Mr Smith.
Mr Castellaw.
Mr Pope.
Mr Bryan.

Pursuant to the return of the Writts of Election Mr Robert Turner for Bath Town and Mr Caleb Wilson and Mr Henry White appeared took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House.

The House adjourned till to-Morrow Morning.


Fryday the Twenty third of July 1743. The House met according to adjournment

Mr Thomas Robinson one of the Members for Bladen County appeared, took the Oaths appointed by Law for their Qualification subscribed the Test and took his seat in the House.

Read the Petition of Abraham Doncan complaining of the undue Election of Members for Bath Town & so forth.

Mr Turner then sitting Member moved that the Meritts of the said Petition may not be entered into till Mr Payton who was one of the inspectors of said Election and a Member of this House shall appear.

Mr Barker moved that the Petition be heard to-morrow, Mr Hodgson objected and moved it be heard on Monday, on which the question was put whether it be heard to-morrow or Monday which was put to the Vote and resolved it be heard to-morrow

Mr Castellaw moved for leave to bring in a Bill for providing his Majestie a rent roll and so forth.

Ordered to have leave and that he prepare and bring in the same, and that Mr Faris, Mr Starkey, Mr Smithwick Mr Scarbrough Mr Castellaw, Mr Caleb Wilson, Mr Sinclare Mr Benbury, Mr Robinson, Mr Brice, Mr Taylor, Mr Pope Mr Sawyer assist herein.

Mr Hodgson, Mr Anderson and Mr Barker were appointed to prepare and bring in a Bill for regulating the proceedings in the General and County Courts of this Province and for the better establishing the jurisdiction of the County Courts.

Mr Barker moved that the Grand Deed of Grant for Allbemarle County is in the hands of Mr William Downing that it be sent for to this House

Resolved the same be sent for.

Mr Starkey moved that Mr Hodgson Mr Anderson Mr Barker and Mr Craven prepare a fee Bill

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Ordered they prepare the same and that Mr Starkey be added to the rest

The House adjourned till To-morrow 8 oclock.

His Excellency was pleased to prorogue this Assembly till Monday next.


Monday the 26th July 1743. The House met according to prorogation.

Mr William Wilson and Mr Thomas Brown appeared, Mr Benjamin Payton appeared, Mr William Kennedy appeared, Mr Thomas Pindilton appeared, Mr Stephen Lee appeared.

Read the Petition of Abraham Doncan complaining of an undue Election for a Member for Bath Town.

Mr Craven moved that the hearing of the Petition be referred till afternoon which was objected too, by Mr Faris who moved that it be heard immediately. On which the Question was put whether it be heard immediately or not, and was carried in the Affirmative.

Mr Sinclare moved that the House resolve into a Committee of the whole House.

Resolved That the House resolve into a Committee of the whole House.

The House resolved into a Committee of the whole House to debate on the subject matters of the said Petition and chose Mr Faris Chairman.

The Petition was read after witnesses Examined and the Members fully debated.

Mr Speaker resumed the Chair.

Mr Chairman reported that the matters contained in the Petition were fully argued in the Committee and the Committee had resolved that the Sheriff of Beaufort County had not administered the Legal Oath to the Voters for a member for Bath Town and the Election of such members is Void and that it appearing that the Sheriff had only misconstrued the Law so was not guilty of any partiality.

Resolved That the Sheriff of Beaufort County did not administer a Legal Oath to the Voters for Electing a Member for Bath Town and the said Election of a Member for Bath Town aforesaid is Void & also that the Sheriff of Beaufort County was not guilty of any partiality in executing the writt of Election for a Member for Bath Town aforesaid.

Resolved That his Excellency the Governour be addressed to direct the Clerk of the Crown to issue a Writt for electing a Member for Bath Town the former Writt not being duly executed.

The House adjourned till 4 oclock.

P: M: The House met according to adjournment.

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Sent the following message to his Excellency the Governour.

May it please your Excellency.

This House having declared the last Election of a Member for Bath Town Void humbly address your Excellency would be pleased to direct the Clerk of the Crown to issue a Writt for electing a Member for Bath Town to sitt in this present General Assembly.

By Order of the House
SAM: SWANN. Speaker.

Read the Petition of Joseph Morgan & Edwd Smallage praying to be cleared from publick Taxes. Granted.

The House adjourned till 7 oClock.

The House met according to adjournment.

Mr Smithwick produced to this House the Grand Deed of Grant from the Lords Proprietors to the County of Albemarle.

Resolved The Clerk enter the same on the Journals of this House, And afterwards deliver the same to Cullen Pollock Esqr to have the keeping thereof.

Mr Castellaw moved that William McGill of Edgecomb County be exempt from publick services and Taxes Granted.

The House adjourned till 9 oClock to-morrow


Tuesday the 27th of July 1743. The House met according to adjournment

Mr Speaker acquainted this House that as some of the Gentlemen of his Majesties Council who live to the Southward are not come and without whom there is not Members enough to make the other House so that there can be no possibility of doing business therefore it is resolved that the following message be sent to his Excellency the Governour (To wit)

May it please your Excellency

We find that the reason of the several prorogations of the Assembly within this week has been occasioned for want of Members of his Majesties Council to make another House and without which this House cannot proceed to do business and as the Members of Council that are wanting live to the Southward and no probability of their coming

Therefore Humbly desire your Excellency will be pleased to prorogue this Assembly to such further day as your Excellency shall see proper

His Excellency acquainted this House that he would send for them in a short time in the Council Chamber

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His Excellency the Governour commanded the immediate attendance of this House in the Council Chamber

The House in a full Body waited on his Excellency the Governour in the Council Chamber When his Excellency was pleased to prorogue this Assembly to the second Tuesday in November next at Edenton.

Mr Speaker with the House returned and pronounced the prorogation accordingly.

WILLm HERRITAGE Clke Genll Assembly.