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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
April 02, 1745 - April 20, 1745
Volume 04, Pages 770-791

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

North Carolina—ss.

At a General Assembly Begun and Held at New Bern the fifteenth day of November in the Eighteenth year of the Reign of Our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King and so forth and in the year of our Lord one thousand seven Hundred & forty four & from thence continued by several prorogations to the second day of April in the said Eighteenth Year of the reign of our said Sovereign Lord George the Second over England and so forth and in the year of our Lord One Thousand Seven Hundred & forty five at New Bern And then further prorogued to the Eighth day of April aforesd at New Bern aforesaid Being the second Sessions of this present Assembly.

MEMBERS PRESENT.
Mr. Speaker
Mr. McScarbrough
Mr. Jno Swann
Mr. Benjn Peyton
Mr. John Starkey
Mr. Arthur Mabson
Mr. Geo Moore
Mr. Michael Coutauch
Mr. Jos. John Alston
Mr. Henry White
Mr. Thos Lovick
Mr. James Castellaw
Mr. William Brin
Mr. Jos Clark
Mr. Richd Nixon
Mr. Wm Burgess
Mr. Samuel Sinclair
Mr. Stevens Lee
Mr. Wm Kennedy
Mr. Saml Spruill
Mr. Edmd Smithwick
Mr. John Hodgeson
Mr. Thos Barker
Mr. John Dawson
Mr. Griffith Jones
Mr. Wm Williams
Mr. Wm Farris
Mr. John Barrow
-------------------- page 771 --------------------

Mr. John Campbell one of the Members for Chowan County and Mr. William Shergoold and Mr. Thomas Lowther Mr. William Leary three of the Members for Currituck county Mr. Benjamin Hill one of the Members for Bertie County took the Oaths appointed by Law for their Qualification subscribed the test and took their seats in the House accordingly.

Mr. Thomas Barker and John Swann waited on his Excellency the Governor and acquainted him this House was met.

His Excellency was pleased to direct the above Gentlemen to acquaint this House that he would send for them before noon.

Read the Petition of William Simpson of Craven County praying to be exempt from publick taxes working on the roads & Musters The same Granted.

Read the certificate of John Blount of Tyrell County certifying his age & inability of working on the Publick roads & praying he be therefrom Exempt. The same Granted

His Excellency the Governor sent a Messenger to this House thereby commanding their Imediate Attendance.

The House in a full body waited on his Excellency the Governor in the Council Chamber when his Excellency was pleased to Deliver the following speech (to wit)

Gentlemen of His Majesties Council Mr Speaker and Gentlemen of the House of Representatives.

When you consider your own Behaviour during last Sessions and reflect how inconsistant it was with the Promises you made in your Address to me you will not Expect that I should say much to you at present. A fairer State of your Publick Affairs could not have been Laid before you, and no body of men could enter into more just Honest & seasonable resolutions then you then did but how you executed these resolutions How you performed the engagements is what the Lovers of Anarchy such as Delight in Confusion & find their Account in Embroiling Publick business will tell with pleasure but all good men & Lovers of their Country will always remember with great grief mixed with some Indignation.

For my own part Gentlemen I am quite wearied out with attending so tedious a while before you make a House and then after waiting several weeks to be obliged to part without doing any one thing for the service of the Country.

It is an amazing thing that when it is universally allowed that no Province in his Majesties Dominions stands more in need of good Laws and proper regulations than this, and at the same time you yourselves

-------------------- page 772 --------------------
must confess that no Country had ever a finer opportunity than you have had these two years pass'd that you have hitherto neglected so favourable an opportunity to secure the Lives & Libertys of the people whose representatives & Attorneys you are.

It is not surprizing Gentlemen that after engageing to do so many Laudable services for the Publick last meeting you should part without passing any one Law

If you Scrupled to come into measures that were somewhat expensive or which Required large Taxes you might surely have passed the Militia Law so necessary in time of Warr you might have ordered your laws to be revised & printed the neglect of which is so generally Complained of, and such a reproach to the Province or you might at least have fixed the seat of Government the want of which is such an Impediment in publick business but to confine all your cares & endeavors to get the money which was appropriated to sink the Publick Bills and preserving the publick faith into your own pocketts to be so Wretchedly anxious and Exact in this affair as to write down your own names with the particular sums affixed to them and Insert them in the Bill at the third reading I say Gentlemen this is such a Conduct such an attempt as I am not sufficient master of words to bestow the proper Epithets upon it.

My design Gentlemen in Laying before you your past management in so true and plain a Light is to warn you against such Gross Practices (which really shock common Decency) for the future & to persuade you at last seriously to consider the Deplorable State of your Country which is rather worse than it was last Winter.

This is all I want of you if you do well for your selves & the people you represent you can't do amiss by me

I shall conclude by informing you that I have orders from his Majestie and Lord Carteret to insist on your passing a Quit rent Law which it is Certainly your Duty to do without Loss of time in Justice to the King and his Lordship & in Compassion to their tenants whose arrears of rents must soon amount to so large a sume as will bring Inevitable ruin on them and their Familys.

You may now see plainly how much the people may Depend on the integrity and friends of these Gentlemen who diswaded them from paying last Years when their Arrears were less in Quantity and they were Indulged to pay in Specie of Lower Value than ever they will be again.

GAB JOHNSTON.

Mr. John Campbell moved that a commitee be appointed to prepare an address to his Excellency the Governor in Answer to his Excellency's speech this sessions and report the same to this House.

-------------------- page 773 --------------------

Ordered. That Mr. James Castelaw, Mr. Thomas Barker, Mr. John Hodgson, Mr. John Campbell do prepare and bring in the same for approbation.

Mr. John Starkey moved that the following persons be appointed to prepare and bring in a bill for Laying a Tax for sinking the present currency of this Province and so forth (To wit) Mr. John Hodgson, Mr. Wm Farris, Mr. John Swann, Mr. John Starkey, Mr. Thomas Barker and they were accordingly appointed.

The House adjourned till 3 oclock.

P. M. The House met according to adjournment

The House adjourned till 9 oclock to morrow morning


Tuesday the 9th of April 1745. The House met according to adjournment

Mr. John Hodgson reported from the Committee Appointed to prepare a Bill for an Act for laying a Tax for sinking the now Currant Bills of Credit Which he read in his place. Ordered the same to be sent to the Council Sent the above bill to the Council by Mr. John Campbell and Mr. John Starkey.

Mr. John Swann moved that a Committee be appointed to Examine State and Settle the publick Accounts of this Province, and the following persons were accordingly appointed (To wit) Mr. John Starkey, Mr. Thomas Barker, Mr. Benjn Stile, Mr. John Swann, Mr. William Farris, Mr. John Campbell

Mr. John Starkey moved that a Committee be appointed to Settle & Allow publick claims of this Province, And the following persons were accordingly appointed Mr. Thomas Lovick, Mr. Samuel Sinclare, Mr. Edmd Smithwick, Mr. George Moore, Mr. James Castellaw, Mr. John Dawson and Mr. Benjn Payton

Mr. James Castellaw moved that a Committee be appointed to receive propositions & Grievances and the following persons were accordingly appointed (to wit)

Mr. Benjn Hill
Mr. Wm Shergoold
Mr. John Starkey
Mr. John Campbell
Mr. McScarbrough
Mr. John Swann
Mr. Griffith Jones
Mr. Jos Jno Alston
Mr. Wm Kennedy
Mr. Jno Dawson
Mr. Saml Sinclare
Mr. Art Mabson
Mr. Benjn Payton
Mr. William Brice
Mr. Joseph Clark.

The House adjourned till 3 oClock.

P. M. The House met according to adjournment

Received from the Council the bill for sinking the present Bills of Currancy

-------------------- page 774 --------------------

Endorsed read in the upper House the first time and passed. April 9th 1745.

Mr. William Brice Acquainted this House that Mr. William Wilson Member for New Bern Town is Dead Therefore moved that his Excellency be addressed to Direct the Secretary of this province to Issue a writt for Electing a member for New Bern Town to serve in this present Assembly in the room of said Wm Wilson Deceased

Mr. McRora Scarbrough Acquainted this House that Mr. Tully Williams one of the Members for Pequimons County is dead. Therefore moved that his Excellency be Addressed to direct the Secretary of this Province to issue a writt for Electing a member in the room of the said deceased.

Mr. James Castellaw acquainted this House that Mr. John Pope one of the members for Edgecomb County is dead Therefore moved that his Excellency be addressed to Direct the secretary of this Province to Issue a writt for Electing a member to serve in the room of the said Deceased

Sent the following message to his Excellency the Governor.

May it please your Excellency

Mr. Willm Wilson member of this House for New Bern Town, Mr. Tully William one of the Members for Pequimons County and Mr. John Pope one of the Members for Edgcomb County are dead. We therefore Humbly Address your Excellency to Direct the Secretary of this Province to Issue writts for Electing Members to serve in this present General Assembly in the room of the above Gentlemen who are deced

By Order
SAMl SWANN Speaker

9th April 1745.

The House Adjourned till tomorrow 8 oClock.


Wednesday the 10th April 1745. The House met acccording to adjournment

Mr. Hodgson reported from the Committee appointed to prepare an Address to his Excellency the Governor in Answer to his Excellency's Speech to this House that they had prepared said address. Which he read in his Place

Ordered the same be Engrossed.

Read the bill for sinking the present currency

Mr. Starkey moved the House resolve into a Committee of the whole House to debate the subject matter in the said Bill contained

The House resolved into a Committee of the whole House accordingly And unanimously chose Mr. John Starkey chairman.

-------------------- page 775 --------------------

The committee proceeded to debate the several Matters on the said Bill contained, and made several amendments therein

Mr. Speaker resumed the chair.

Mr. Chairman reported that the Committee had considered and debated the Several clauses in the said Bill and had made Several Amendments therein which he reported to the House To which the House concurred and Ordered the same Bill pass with the said Amendments & be sent to the Council

Sent the above Bill to the Council by Mr. Sinclare & Mr. Scarbrough

Mr. Hodgson Treasurer of Chowan County Acquainted this House that he as Treasurer of the County Aforesaid had Seized Several Tracts of Land in said County as the Law directs which was Mortgaged to the County and had Offered them for Sale at Vendue but no person would bid for said Land or any of them near the sume they were respectively Mortgaged for therefore desires the Directions of this House in relation thereto.

Resolved The said John Hodgson do Expose the said Lands to Sale to the best bidder at the General Court or County Court where such Lands lye & report the same to the General Assembly

The House adjourned till 2 oClock.

P. M. The House met according to Adjournment.

Mr. Lowther Moved that two Members be appointed to waite on his Excellency the Governor and Acquaint him this House was ready to waite on him with their Address.

And Mr. John Swann & Mr. Thos Barker were accordingly Appointed.

Mr. John Swann & Mr. Thos Barker waited on his Excellency the Governor & acquainted him this House was ready to wait on him with their Address.

His Excellency the Governor was pleased to answer he would Receive it tomorrow at 10 o'clock.

The House adjourned till tomorrow 8 oClock


Thursday the 11th of April 1745 The House met according to Adjournment

Mr. William Farris brought in a bill for an Act for making, mending, and repairing roads Bridges and so forth & appointing Commissioners and so forth which he read in his place

Ordered the same pass & be sent to the Council.

Sent the above Bill to the council by Mr Farris & Mr. Moore

Received from the Council the Bill for sinking the present Currency Endorsed in the Upper House read the Second Time & passed with amendments. April 11th 1745

-------------------- page 776 --------------------

Received from the Council the road Bill Endorsed April 11th 1745 In the Upper house read the first time & passed

Received from his Excellency the Governor the following message

Council Chamber April 11th 1745.

Mr. Speaker

Being detained by an unexpected accident in which the publick is very much concerned from receiving the Address of your House, I desire you may proceed in the business of the Province this day & to Morrow Morning I shall send you a Message

GAB JOHNSTON.

The House adjourned till 3 oClock.

P M The House met according to adjournment

Mr. James Craven & Mr. Joseph Anderson appeared.

Mr. Thomas Barker moved for Leave to bring in a Bill for an Aditional act to an Act entituled an Act for Appointing Sherriffs in the room of Marshalls of this Province for prescribing the Method of Appointing them & Limiting their time of Continuance in Office & Directing their Duty therein & for abolishing the Office of provost Marshall of this province & for altering the names of the precincts into Countys

Ordered he have Leave & that he prepare & bring in the same Pursuant to which Motion and Order Mr. Barker brought in the said Bill Which he read in his place.

Ordered the same pass and be sent to the Council

Sent the above Bill to the Council by Mr. Sinclare & Mr. Farris

Mr. Barker moved that a Committee be appointed to prepare & bring a Bill for an Act for Laying a Tax for paying of the publick Debts of this province. And the following persons were accordingly appointed (To wit)

Mr. Thomas Barker Mr. John Hodgson Mr. James Craven Mr. John Campbell Mr. Joseph Anderson.

Received from the Council the Bill for an Additional Act to the Sheriffs Act Endorsed 11th April 1745 In the upper House read the first time & passed

Read the Road Bill the second time & passed with Amendments

Ordered the same to be sent to the Council

Sent the Above Bill to the Council by Mr. Starkey & Mr. Payton

The House adjourned till tomorrow 8 oclock


Friday the 12th April 1745 The House met according to Adjournment
-------------------- page 777 --------------------

Mr. Benjn Hill brought in a Bill for repealing the Port Law which he read in his place

Ordered the same pass and be sent to the Council

Sent the above Bill to the Council by Mr. George Moore & Mr. John Swann

Received the following Message from the Council (To wit)

Mr. Speaker & Gentlemen

On reading your Message regarding the Appointment of the Committee upon the publick Accounts and claims This House have thought fit to Nominate the Honorable Mathew Rowan & Roger Moore Esqrs to Joyn those of yours on the Committee of Claims and the Honble Edward Moseley and William Forbes to Joyn those of your House on the publick Accounts


Dated 11th April 1745

Received from the Council the Bill for an Act for repealing the Port Law Endorsed April 12th 1745 In the upper House read the first time and passed.

Read the Bill to repeal the Port Law the second time & passed

Ordered the same be sent to the Council

Sent the above Bill by Mr. Starkey and Mr. Scarbrough

His Excellency sent a message to this House Commanding their Immediate Attendance in the Council Chamber

The House in a full body waited on His Excellency in the Council Chamber. When Mr. Speaker presented to his Excellency the following Address (to wit)

The Humble Address of the General Assembly of said Province

May it please Your Excellency

When we reflect on our Conduct not only during the last but former Sessions we cant think we have Acted inconsistently Unless to Act freely and as becomes the representatives of a free people be inconsistent our Constant Endeavours have tended to promote the publick good and make your Excellency's Administration easy and if by differing in sentiments with his Majesties Council we have Miscarried in that Laudable design & our good intentions frustrated why should we be reproached with neglect of the Service of our Country Nor can our Actions or Behaviour Afford matter of pleasure to Lovers of Anarchy and Confusion or be related by any person to our disadvantage, Unless misconstrued or Misrepresented

-------------------- page 778 --------------------

As to the conduct of this House last Sessions in particular we must beg Leave in Vindication of our Selves, to say we prepared A Bill for Sinking the Currency which in our Opinion was fair and Equitable, and could not have thought it would have met with any Obstacles from his Majesties Council who with this House had Joyned to borrow or Apply money out of A particular fund to pay publick Debts formerly due and prevent A Publick Tax at that Juncture was not the money thus applyed as so much borrowed of the Publick & Consequently a Debt and is not every Just Claim on the publick equally A Publick debt, and if a sume was to be raised by a Tax not only Sufficient to repay that sume taken out of that fund but also to sink the whole Currency why should not the money in the Several County Treasurers hands be Applyed to payment of other Debts due from the Country where then can be the incongruity to incert the payment of such publick Debts in a Bill for Sinking the Currency Unless we had left the money in the Treasurers hands unappropriated many are the persons who had State Demands on the Publick, and who were not members of this House and as we were not only willing to sink the currency but pay of all Just Demands on the Publick where was the Impropriety in A Publick Estimate to affix every mans Name to the sume the Publick owed to him

We have frequently in former Assemblys had under our Consideration Matters of Consequence recommended by your Excellency but have been unhappily prevented from doing anything therein with effect by unexpected Dissolutions and prorogations.

So many expensive and unsuccessfull Assemblies might have wearied us out, but the great desire of good Laws and the great regard we have for our Countrys Credit & wellfare still prompt us to use our Utmost Efforts for its Service and lay Aside every Consideration but what may tend to Accomplish that Valuable end, which we have so much at heart.

We dont doubt but your Excellency will Lay before this House the Order you mention in regard to his Majestie and Lord Carteretts rents and we shall endeavour as far as in us lyes to pass a Law for the just and honest paymt of them as for our part we are strangers to any Gent dissuading the people from paying their rents, but apprehend your Excellency has been misinformed

SAMUEL SWANN Speaker

When his Excellency was pleased to Command this House to return & proceed to business Mr. Speaker and the rest of the Members returned.

The House adjourned till 2 oClock

P. M. The House met according to Adjournment

-------------------- page 779 --------------------

Mr. Farris brought in A Bill to prevent killing deer at unseasonable times and so forth. Which he read in his place

Ordered the same pass & be sent to the Council

Sent by Mr. Farris & Mr. Payton

Read the Bill for an additional Act to an Act for Appointed Sheriffs &c the second time and Sent it to the council by Mr. Alston & Mr. White.

The House adjourned till 8 oClock.


Saturday the 13th April 1745 The House met according to adjournment.

Mr. Farris moved that Mr. Joseph Anderson be added to the Committee of Accounts

Ordered he be added thereto

Mr. John Swann moved for Leave to bring in A Bill for an Act to Erect a fortification on the Lower Part of Cape Fear &c

Ordered that he have Leave & that he prepare & bring in the same

Mr. John Swann brought in the above Bill which he read in his place

Ordered the same pass & be sent to the Councill

Sent the Above Bill to the Council by Mr. Castellaw & Mr. Starkey.

Received from the Council the road Bill Endorsed In the Upper House read the first time & passed with amendments

Read the third time the Bill for sinking the currency & passed with amendments

Ordered the same be sent to the Council

Sent the above Bill to the Council by Mr. George Moore & Mr. John Swann

Received from the Council A Bill for an Act for the Encouragement of Settlers in Brunswick

Received from the Council the Bill to prevent the Killing Deer at unseasonable times Endorsed In the Upper House read the first time & passed with amendments

Mr. Barker reported from the Committee Appointed to prepare and bring in a Bill for Laying A Tax to Discharge the publick debts that the said Committee had prepared A Bill Accordingly Which he read in his place

Ordered the same pass and be sent to the Council

Sent the Above Bill to the Council by Mr. George Moore & Mr. John Swann

The House adjourned till 3 oClock

P. M. The House met according to Adjournment

-------------------- page 780 --------------------

Received from the Council the Bill to repeal the Port Law Endorsed 13th of April 1745 In the upper House read the Second time & passed

Received from the Council the Bill for an Additional Act to an Act for appointing Sheriffs. Endorsed April 13th 1745. In the upper House read the second time and passed with amendments.

Received from the Council the following Message (to wit)

Mr Speaker and Gentlemen.

We received a Bill from your House this day Intituled an Act for Laying a Tax to discharge the Publick Debts which Bill has referrence to an annexed Schedule but no such Schedule appearing with the Bill we cannot pass upon the Bill untill such Schedule be sent unto us.


Dated April 13th 1745.

Read the Bill to prevent Killing Deer [at] unseasonable times the second time and amended it. Ordered the same be sent to the Council

The House adjourned till Monday 8 oclock


Monday the 15th April 1745. The House met according to adjournment.

Read the third time the Bill for an Act to Impower the Several Commissioners after named to make mend & repair all roads Bridges &c and passed with amendments Ordered the same be sent to the Council. Sent the above Bill to the Council

Received the following Message from the Council (Vizt)

Mr Speaker & Gentlemen

We have the Bill for an Act for Laying a Tax for sinking the now Current Bill of Credit before us Marked with a third reading thereon by your House to which Bill we conceive there are two Just Exceptions to be made the first is the Method of Paying the Tax for sinking the said Bills the Second as the Method of applying the Surplus of the said tax if any Such there shall be As to the first we are of opinion that the Method of paying this Tax should be as all other publick Taxes are by Law to be paid.

As to the Second we are of Opinion that the General Assembly ought to be Joyned with the Governor & Council in the Application of the Surplus if any & not that the same should be left to be Applyed by the General Assembly only

If your House shall think fit to Concurr with those two amendments we shall pass the same and send it to your House


Dated 15th April 1745
-------------------- page 781 --------------------

Read the Bill for an Act to repeal the Act for Establishing Ports of Delivery in this province the third time & passed Ordered the same be sent to the Council Sent the above Bill to the Council

Read the third time the Bill for An Additional Act to an Act for Appointing Sherriffs and passed. Ordered the same be sent to the Council Sent the above Bill to the Council

Mr. Samuel Sinclair brought in a Bill for an Act to Add that part of the Country called Marromosket & Lake to Hyde County Which he read in his place Ordered the same pass & be sent to the Council Sent the above Bill to the Council

The House adjourned till 3 oClock.

P. M. The House met according to Adjournment.

Sent the following Message to the Council by Mr. Hill & Mr. Sinclare Vizt

Gentlemen of His Majesties Honble Council

On reading your Message of this day in relation to the Bill for Laying a Tax for Sinking the now Currt Bills of Credit we find the Exceptions you take to that Bill are first the Method of paying the tax which you are of Opinion Ought to be mentioned to be paid as all other Taxes are now paid

We must adhere to our first opinion that the Tax ought to be paid at the rates prescribed in the Act for granting an aid to his Majestie &c as they are therein rated nearest their true Value, for was Rice which is the only Commodity rated in any of the Subsequent Laws to be paid at a higher rate than is Mentioned in the said Act for granting an aid to his Majestie &c it would probably occasion a Defficiency in the fund for sinking the said Bills & the intention of the Bill in a Manner would be thereby defeated Neither can it be a Hardship on any one since if the Commodities that are to be paid in will sell for more than they are to be received at for the said tax every Body hath the Liberty to sell the same & pay in Gold Silver or Bills.

As to the Second Amendment you mention, we readily agree thereto & on your giving us Notice we will send some of the members from this House to see the same made Accordingly

By Order
SAMUEL SWANN Speaker

15th April 1745.

Read the fortification Bill the Second Time & passed

Ordered the same be sent to the Council

Sent the above Bill to the Council by Mr. Hill & Mr. Sinclare

-------------------- page 782 --------------------

Received from the Council the road Bill Endorsed 15th April 1745 In the upper House read the third time & passed. Ordered the same be Engrossed

Read the Bill to prevent killing deer at unseasonable times the Second time & passed with Amendments

Ordered the same be sent to the Council

Sent the above Bill to the Council

Received from the Council the Bill to Add that part of the Country called Marromosket & Lake to Hyde County Endorsed 15th April 1745 In the upper Assembly read the second time and passed with amendments

Mr. Barker brought in a Bill for an Act for preventing delays in the Courts of Justice for Expediting & better Setling the proceedings in the General & County Courts & for restoring the County Courts the power of Trying personal Actions to the Value of Twenty Six pounds thirteen Shillings & four pence proclamation money Which he read in his place

Ordered the same pass and be sent to the Council

Mr Starkey moved for leave to bring in A Bill for Regulating the Several Officers Fees within this province & to Ascertain the Method of paying the same Which he read in his place

Ordered the same pass and be sent to the Council

Received from the Council the Message sent from this House of this day Endorsed in the upper House concurred with

Received from the Council the Bill for an Additional Act to an Act for Appointing Sheriffs Endorsed In the upper House read the third time and passed.

Ordered to be sent down to be Engrossed

Received from the Council the Bill for Sinking the New Current Bills of Credit Endorsed In the upper House read the third time & passed

Ordered to be Engrossed

Received from the Council the fortification Bill Endorsed In the upper House read the second time and passed with Amendments

Mr. Hodgson brought in a Bill for an Act to Enable & Encourage the persons herein after mentioned to print the Laws of this province and to provide printed Copys of the said Laws for the several and respective Courts of Judicature & Officers within this province Which he read in his place

Ordered the same be sent to the Council

Read the first time the Bill for an Act for the Encouragement of Settlers in Brunswick & passed

Ordered the same be sent to the Council

-------------------- page 783 --------------------

Mr. Craven brought in A Bill for an Act to Impower the Commissioners for the Town of Edenton to keep in repair the Town fences & to Erect and build a Pound Bridges Publick wherf & Market House as also to Erect & build a school House in the said Town & other purposes therein mentioned Which he read in his place

Ordered the same pass & be sent to the Council

Mr. Brice brought in A Bill for an Act for Erecting the Upper part of Craven County into a County by the name of Which he read in his place

Ordered the same pass & be sent to the Council

Mr. Payton brought in a Bill for an Act for fenceing the Town of Bath & resurveying the Commons belonging to the said Town & Exempting the Inhabitants from working on the main roads & to give Liberty to the Inhabitants to build & Improve the front or Water Lots which by a former act they were prevented from doing & to Appoint Commissioners for the purposes aforesaid Which he read in his place

Ordered the same pass & be sent to the Council

The House Adjourned till tomorrow 8 oclock


Tuesday the 16th of April 1745 The House met according to adjournment.

Read the Petition of Michael Higgins Praying the Bill may be brought into this House for an Act to Encourage the Petitioners to build a Bridge over Trent river near Whittliffs ferry &c

Ordered a Bill be brought in pursuant to the prayer of said Petition

Sent to the Council the following Bills (to wit) The Bill to Enable & Encourage the persons therein mentioned to print the Laws &c And the Bill for Erecting the Upper part of Craven County into a County And the Bill to Impower the Commrs for the Town of Edenton to keep in repair the Town fences &c And the Bill for fencing the Town of Bath &c And the Bill for Encourageing of Settlers in Brunswick And the Bill to prevent Delays in the Courts of Justice &c and the fee Bill by Mr. Thos Lowther & Mr. Scarbrough

Mr. Farris brought in A Bill for an Act for the better regulateing the Town of Wilmington and for confirming and Establishing the late Survey of the same with the plan annexed Which he read in his place

Ordered the same pass and be sent to the Council

Sent the above bill to the Council by Mr. Lowther & Mr. Scarbrough

Mr. Barker brought in a Bill for an Act for appointing the place where the Publick Offices in this province shall hereafter be kept Which he read in his place.

-------------------- page 784 --------------------

Ordered the same pass & be sent to the Council

Sent the above Bill by Mr. Lowther & Mr. Scarbrough

Read the second time the Bill for an Act to add that part of the country called Marramusket and passed

Ordered the same be sent to Council

Sent the above bill to the Council by Mr. Lowther & Mr. Scarbrough

Mr. Barker brought in a Bill for an Act for appointing the place where the Publick Offices in this province shall hereafter be kept Which he read in his place.

Ordered the same pass & be sent to the Council

Sent the above Bill to the Council by Mr. Lowther and Mr. Scarbrough

Mr. Campbell brought in A Bill for an Act to Amend an Act Intituled an Act for facilitating the Navigation of the Several Ports of this Province and for Buoying [and] Beaconing the channels Leading from Ocacock Inlett to Bath Town and New Bern and from Topsail Inlet to Beaufort Town & other Ports & Inletts within said Province therein mentioned & for provideing sufficient Pilots for the safe Conduct of Vessells and to appoint new Commissioners for the better Encouragement & regulateing the said Pilots as by that Law Intended for such parts as relates to the Several places hereinafter mentioned Which he read in his place

Ordered the same pass and be sent to the Council

Sent the above Bill to the Council by Mr. Campbell and Mr. John Swann

Received from the Council the Bill to prevent Killing Deer at unseasonable times. Endorsed April 16th 1745 In the Upper House read the first time & passed with Amendments.

Received from the Council the Bill for appointing the place where the publick offices in this Province &c Endorsed April 16th 1745 In the Upper House read the first time and passed with amendments

Read the third time a Bill to Erect a fortification On the Lower part of Cape Fear river &c & amended it

Ordered the same pass & be sent to the Council

Sent the above Bill to the Council by Mr. Farris & Mr. Smithwick

Read the petition of several of the Inhabitants of Bladen County complaining that Several Inhabitants of said County Evade paying Taxes &c praying reliefe

Ordered the said Petition lye on the Table for Consideration.

The House adjourned till 3 oClock.

-------------------- page 785 --------------------

P M. The House met according to adjournment

Received the following Bills from the Council (to wit)

The Bill for regulating the Town of Willmington &c And the Bill to Enable & Encourage the printing the Laws of this province Endorsed 16th April 1745 In the upper House read the second time & passed And the Bill to Erect A fortification on the Lower part of Cape Fear River &c Endorsed in the upper House read the third time and passed with amendments

John Fonveile Appeared at the Barr of this House and acquainted this House that Mr. Arthur Mabson one of the members for Carteret County refused to pay him the sume of Nine pounds as Directed by this House for going for the said Mr. Arthur Mabson from Bath Town to the said Mabsons House Upon which the Question was put whether the said Mr. Mabson should pay the said Fonveile the said sume or not. And was carried in the Affirmative

Ordered the said Mr. Mabson pay the said Fonveile the sume of Nine pounds.

Mr. William Farris brought in a Bill for an Act to Impower Michael Higgins to Build a Bridge over Trent River near Wickliffe ferry &c Which he read in his place

Ordered the same pass & be sent to the Council

Sent the above Bill to the Council by Mr. Dawson & Mr. Spruil

Received from the Council the Bill for the Encouragement of Settlers in Brunswick Endorsed in the upper House read the Second time & passed with amendments

Received from the Council the Bill to Amend an Act Intituled an Act for facilitating Navigation &c Endorsed April the 16th 1745 In the Upper House read the first time & passed with Amendments.

Read the second time the Bill to Enable & Encourage the persons therein Mentioned to print the Laws &c with Amendments

Ordered the same pass & be sent to the Council

Sent the Above Bill to the Council by Mr. Barker & Mr. Craven

The House adjourned till tomorrow 8 oclock


Wednesday the 17th of April 1745 The House met according to Adjournment

Read the third time the Bill for Killing deer at unseasonable times & passed wth amendments

Ordered the same be sent to the Council

Sent the above Bill to the Council by Mr. Farris & Mr. Starkey

Read the second time the Bill for appointing the place where the Publick Offices &c in this province shall be kept

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Ordered the same pass & be sent to the Council

Sent by Mr. Payton & Mr. Barrow

Read the third time the Bill to add that part of the Country called Marramuskert & the Lake to Hyde County which passed with amendments

Ordered the same pass and be sent to the Council

Sent the above Bill to the Council by Mr. Payton & Mr. Barrow

Read the second time the Bill to Amend an Act Intituled an Act for facilitating of the several Ports of this Province

Ordered the same pass & be sent to the Council

Sent the Above Bill to the Council by Mr. Campbell & Mr. Craven

The House adjourned till 3 o'clock

P. M. The House met according to adjournment

Read the second time the Bill for regulating the Town of Willmington which passed with amendments.

Ordered the same be sent to the Council.

Sent the Above Bill to the Council by Mr. Farris & Mr. Starkey

Received from the Council the Bill for fenceing in the Town of Bath &c Indorsed In the Upper House read the first time & passed

Received from the Council the Bill to Impower the Commissioners for the Town of Edenton to keep in repair the Town fences &c Endorsed April 17th 1745 read in the upper House the first time & passed

Received from the Council the Bill for erecting the upper part of Craven County by the name        Endorsed the 17th April 1745 In the upper House read the first time & passed

Received from the Council the Bill to add that part of the Country called Maramuskert and Lake to Hyde County Endorsed April 17th 1745 In the upper House read the third time & passed

Ordered to be Engrossed.

Received from the Council the Bill to prevent Killing Deer at unseasonable times Endorsed April 17th 1745 In the upper House read the third time and passed

Ordered to be Engrossed

Received from the Council the Bill for Appointing the place where the publick Offices in this province shall be kept Endorsed April 17th 1745 In the upper House read the Second time & passed with Amendments.

Read the second time the Bill for the Encouragement of the Settlers in the Town of Brunswick and passed with amendments

Ordered the same be sent to the Council

Sent the Above Bill to the Council by Mr. Farris & Mr. Starkey

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Mr. Brice brought in A Bill for an Act to appoint New Commissioners in the place & stead of the Commissioners deceased & for furnishing the Church at New Bern which he read in his place

Ordered the same pass & be sent to the Council

Sent the above Bill to the Council by Mr. Farris & Mr. Starkey

Read the second time the Bill to Impower the Commissioners of the Town of Edenton to keep in repair the Town fences &c

Ordered the same pass and be sent to the Council

Sent the above Bill to the Council by Mr. Campbell and Mr. Craven.

Read the Bill for erecting the upper part of Craven County into a County &c the second time and passed with Amendment.

Ordered the same be sent to the Council

Sent the above Bill to the Council by Mr. Peyton & Mr. Coutauch

Read the second time the Bill for fenceing the town of Bath which passed with Amendments

Ordered the same be sent to the Council.

Sent the above Bill to the Council by Mr. Peyton and Mr. Coutauch

The House adjourned till 3 oclock tomorrow morning


Thursday the 18th of April 1745 The House met according to adjournment

Read the third time the Bill for an Act Appointing the place where the Publick Offices in this province shall be kept

Ordered the same pass & be sent to the Council

Sent the above Bill to the Council by Mr. Craven and Mr. Barker.

Received from the Council the Bill for regulating the Town of Wilmington. Endorsed In the Upper House read the Second time & passed with Amendments

Received from the Council the Bill for Encouragement of Settlers in Brunswick Endorsed In the Upper House read the third time & passed with amendments

The House adjourned till 2 oClock.

P. M. The House met according to Adjournment

Received from the Council the Bill to Impower the Commissioners of Edenton to keep in repair the Town fences &c Endorsed April 15th 1745 In the Upper House read the Second time & passed with amendments.

The House adjourned till tomorrow morning 8 oClock


Friday the 19th of April 1745 The House met according to adjournment
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Read the third time the Bill to Impower the Commissioners of the Town of Edenton to keep in repair the Town fence &c which passed.

Ordered the above Bill be sent to the Council

Sent the above Bill to the Council by Mr. Craven & Mr. Campbell

Read the third time the Bill for regulateing the Town of Willmington which passed

Ordered the same be sent to the Council

Sent the above Bill to the Council by Mr. Farris and Mr. Swann

Received from the Council the Bill to appoint new Commissioners in the Stead of the Commissioners dec̄ed and for finishing the Church at New Bern Endorsed April 18th 1745 In the Upper House read the second time & passed with amendments

Read the third time the Bill for an Act for fenceing the Town of Bath &c which passed with amendments

Ordered the same be sent to the Council

Sent the above Bill to the Council by Mr. Farris & Mr. Swann.

Received the Bill for an Act to impower the Commissioners of Edenton to keep in repair the Town Fences &c Endorsed April 19th 1745 In the Upper House read the third time and passed

Ordered to be Engrossed.

Read the third time the Bill to Encourage the Settlers of Brunswick

Ordered it be Engrossed

Sent the same to the Council by Mr. Craven & Mr. Swann

Received from the Council the Bill for regulating the Town of Willmington Endorsed April 19th 1745 In the Upper House read the third time & passed

Ordered to be Engrossed

Received from the Council the Bill for fenceing the Town of Bath Endorsed April 19th 1745 In the Upper House read the third time & passed

Ordered to be Engrossed.

Read the second time the Bill to Appoint new Commissioners in place and Stead of the Commissioners deceased & for furnishing the Church in New Bern which passed with Amendments

Ordered the same be sent to the Council

Sent the above Bill to the Council by Mr. Nixon & Mr. Brice

Sent the following Message to the Council Vizt

Gentlemen of his Majesties Honble Council

We have the Bill for the Encouragement of the Settlers of Brunswick before us marked with a third reading thereon by your House to

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which Bill we conceive there are five just Exceptions to be made the first is the Investing the Lands in the Commissioners in the said Bill mentioning any trust use or purpose for so investing the same.

The Second is the Musters for St Philips Parish being made in Brunswick

The third is the keepers of Taverns or Publick Houses being Subject to the Penalty of forty Shillings over and above Looseing the money they shall Credit any Sailor for

The fourth is only in the Diction, the word Default being made use of instead of Offence

The fifth & last is the Clause Allowing the Town of Brunswick to enjoy all the same Priviledges of any other Town in this province.

As to the first we are of opinion that it ought to be mentioned invested in the said Commissioners in fee for the trusts uses & purposes herein after mentioned.

And as to the Second we are of opinion that the Militia Law hath already Provided in the Case of Musters & therefore the word Musters in the Bill ought to be expunged.

As to the third we are of opinion that the penalty of forty Shillings on Keepers of Taverns or Publick Houses ought to be expunged

As to the fourth we are of opinion that the word default ought to be altered to that of offence

As to fifth & last we are of opinion the whole Clause ought to be expunged

If your Honours shall think fit to Concurr with the above Amendments we shall pass the said Bill and send it to your House

By order
SAM: SWANN Speaker

Sent by Mr. John Swann & Mr. George Moore

The House adjourned till 3 oClock.

P. M. The House met according to Adjournment

Received from the Council the Message sent from this House this morning Endorsed April 19th 1745. In the upper House concurred with.

By order RICHARD LOVETT Clke

The House adjourned till 8 oclock tomorrow morning


Saturday the 20th of April 1745 The House met according to Adjournment.

Read the third time the Bill to appoint New Commissioners and for finishing the church at New Bern.

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Ordered the same pass and be sent to the Council Sent the above Bill to the Council by Mr. Nixon & Mr. Brice

Received from the Council the Bill to Appoint new Commissioners in the stead & place of the Comrs deceased and for finishing the Church at New Bern Endorsed 20th April 1745 In the upper house read the third time & passed. Ordered to be engrossed

Read the third time the Bill to erect the upper part of Craven County into a County &c

Mr. John Swann mov'd the same pass.

Mr. John Hodgson objected the same—Upon which the Question was put whether the said Bill be rejected or pass which was carried for rejecting the same and the same is accordingly rejected

Mr. John Campbell moved that the Commissioners for Navigation be Ordered by this House to Lay before them the next Assembly their several and respective accounts as Commissioners aforesaid.

Ordered the said Commissioners Lay before this House their said accounts next sessions of Assembly

Mr. Thomas Barker Reported from the Committee of Accounts as per Book To which the House agreed.

Sent the following message to the Council

Gentlemen of his Majesties Council

We have resolved that Richard McClure Clke of the Committee of Publick Accounts be allowed Forty pounds for Acting as Clke of the said Committee this Sessions and that Mr. Charles Adams be allowed Ten pounds for the use of this House fire & Candles for the Committee of Accounts at above sessions.

Sent by Mr. Shergold and Mr. Lowther

Received the above message from the Council Endorsed concurred with 20th April 1745.

Sent to the Council by Mr. Sinclare & Mr. Jones the reports of the Committee of Accounts of this sessions & former sessions not concurred with by the Other Houses for their Concurrence.

His Excellency the Governor was pleased to Command the Immediate attendance of this House with what Bills were Engrossed.

The House in a full body waited on his Excellency the Governor in the Council Chamber. And Mr. Speaker presented to his Excellency the following Bills (to wit) The road Bill, The Bill for fenceing Bath Town, Edenton Bill, Additional Act to the Sheriff's Act, The Bill for repealing the Port Law, The Fortification Bill, The Bill for adding Mattamuskert & Lake to Hyde County, The Bill to prevent Killing Deer, The Bill for

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sinking the Currency, The Bill for regulating Willmington, The Bill for Encouragement of Settlers in Brunswick, The Bill for Appointing new Commissioners & for finishing the Church at New Bern.

To all which his Excellency was pleased to Assent

Then His Excellency was pleased to Prorogue this Assembly to the last Tuesday in September next to be then held at New Bern.

Mr. Speaker & the rest of the House returned & pronounced the prorogation accordingly.

Test

WILLm HERRITAGE, Clke General Assembly.