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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
March 28, 1749 - April 14, 1749
Volume 04, Pages 971-984

[B. P. R. O. North Carolina. B. T. No. 26.]
LEGISLATIVE JOURNALS.
North Carolina

At an Assembly Begun and Held at Newbern on Tuesday the Twenty Eighth day of March in the year of our Lord One Thousand Seven

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Hundred and Forty nine, and in the Twenty Third Year of his present Majesties Reign and continued by Prorogation untill Thursday the Thirteenth [thirtieth] day of this Instant, being the sixth Session of Assembly

Present
The Honourable Eleazar Allen Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan Esqr Member of His Majties Council
The Honourable William Forbes Esqr Member of His Majties Council
The Honourable Edward Moseley Esqr Member of His Majties Council

Then His Excellency came to the House and commanded the immediate Attendance of the Lower House. Whereupon the Speaker attended by the Lower House, waited upon his Excellency in the Council Chamber, when his Excellency made the following Speeches to both Houses viz.

Gentlemen of his Majestie's Council Mr. Speaker and Gentlemen of the House of Representatives.

Your behaviour during the last two Sessions leave me no Room to doubt that you are now assembled with the best Dispositions to promote his Majestie's service, the good of your Country, and the Peace, Quiet and Security of your Fellow Subjects.

You have already passed many excellent Laws intirely calculated for the Benefit of the whole Province, without any Views to party or personal Interest, Laws which even in the Judgment of your Enemies themselves are highly proper, just and necessary in the present circumstances of the Country and against which they can only form one Objection, that they themselves did not think fit to be present at the making of them; Thō if they had I am afraid such Laws had never been enacted, at least with that Unanimity and not without a much greater struggle than they were, especially these two most excellent Acts, the one for revising and printing the Laws; and the other, for granting a Rent Roll to the King and the Earl of Granville, the former absolutely necessary for securing the lives and properties of a faee [free] Born People against the Frauds and Tricks of Ignorant and insolent Pretenders to the Law and the latter what common Justice to our Landlords absolutely required and demanded.

And yet neither of these points thō often seriously recommended and earnestly contended for could ever be candid, while these Gentlemen honoured the Assembly with their presence.

Go on therefore Gentlemen and continue in the same good cause you have begun, nothing adds a greater Lustre to virtuous and Publick Sperited Actions than a steady undaunted Preserverence Let no vain, clamourous Boastings, no monstruous Calumnies and Forgeries industriously

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spread among ignorant people, no petulant and noisy Behaviour in private conversation the constant attendance of a bad and desperate cause either deter or dishearten you.

You have the happiness of living under a most just and glorious Prince, who as he is Tender of the Rights of his meanest Subjects, and the most distant, so he will never suffer his Writs to be affronted or his Prorogations disobeied far less will he suffer his Subjects in this Province to be robbed of their Priviledge of Englishmen of the Benefit of Assemblies, and the British Constitution at the caprice or Humours of five or six Counties.

This Gentlemen is the true and just state of the dispute which is at present carried on with so much heat by these persons who want to engross the whole Legislative power to themselves, and I dont at all doubt, but it will be soon decided entirely to your Satisfaction.


March 30th 1749.
G. JOHNSTON.

Then His Excellency withdrew from the House, And the Board were pleased to take under their consideration his Excellency's Speech, and Ordered the same to be read which accordingly was, and the Honourable Eleazar Allen and Edward Moseley Esqrs two of the Members of this Board were appointed a Committee to answer the same.

Then the House adjourned until To-morrow morning 9 o' the clock.


Friday March the 31st The House met according to adjournment.
Present
The Honourable Eleazar Allen Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan Esqr Member of His Majties Council
The Honourable William Forbes Esqr Member of His Majties Council
The Honourable Edward Moseley Esqr Member of His Majties Council

Mr. Allen one of the Committee appointed to answer his Excellencys Speech, reported the same which was read and approved of. And Ordered to be engrossed which accordingly was.

Then the House adjourned until Three o' the clock in the afternoon.

Post Meridn The House met according to adjournment.

Present
The Honourable Eleazar Allen Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan Esqr Member of His Majties Council
The Honourable William Forbes Esqr Member of His Majties Council
The Honourable Edward Moseley Esqr Member of His Majties Council

Then his Excellency came to the House and immediately the Board presented him with their address in the following words.

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North Carolina.

To his Excellency &c:

The humble address of his Majesty's Council now met in General Assembly.

May &c

His Majestie's faithfull subjects, the Members of Council now met in General Assembly beg leave to wait on your Excellency with our sincere and hearty thanks for your Speech to both Houses of Assembly at the opening of this Session.

It is Sir with the greatest pleasure and satisfaction we are now able to reflect that after a series of years spent in faithless endeavours for the Publick Utility, we have at last under your Excellency's mild and prudent conduct and happy unanimity of both Houses, in some measure effected what [we] so long and ardently desired by passing such Laws for your Excellency's assent as were calculated for the Good of the whole Province, and which had long been the object of your Excellency's Wishes as well as our own.

We are too sensible this happy unanimity had never subsisted, and consequently so many beneficial Laws had never been passed, had that destructive Inequality [in] the Members of the Houses of Burgesses claimed by some of the Counties (notwithstanding the repeal of the Biennial Law by his Majesty) which heretofore puzzled and perplexed our Councils and at last rendered them ineffectual, subsisted also, and althō the measures taken to remove that Objection has occasioned complaints to his most sacred Majesty against your Excellency, thō in language unbecoming his royal ear, yet we have not the least doubt from his Majesties known wisdom and justice, that your Excellency's proceedings upon a fair and impartial Hearing will be vindicated and approved of notwithstanding the Clamours, Calumnies and boastings, of the party in order to captivate the ignorant, insolently proclaim a Triumph before a Victory.

We beg leave to assure your Excellency that nothing of this kind shall in the least influence our conduct or induce us to deviate from the Duty we owe his Majesty and the regard we have and shall always shew to the Welfare of the whole province as well knowing that nothing can more effectually recommend us to the favour of our Royal Master and your Excellency's more immediate care attention and Protection.

Then his Excellency withdrew and the House adjourned untill tomorrow morning 9 o' the clock.

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Saturday the 1st of April. The House met according to adjournment.
Present
The Honourable Nathl Rice Esqr Member of His Majties Council
The Honourable Edward Moseley Esqr Member of His Majties Council
The Honourable Eleazar Allen Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan Esqr Member of His Majties Council
The Honourable William Forbes Esqr Member of His Majties Council

And adjourned untill Monday morning Nine of the clock.


Monday April 3rd The House met according to adjournment.
Present
The Honourable Nath Rice Esqr Member of His Majties Council
The Honourable Edward Moseley Esqr Member of His Majties Council
The Honourable Eleazar Allen Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan Esqr Member of His Majties Council
The Honourable William Forbes Esqr Member of His Majties Council

Mr. John Swann Brought up the following Message from the Lower House viz.

Gentlemen of his Majestie's Council

We have appointed Mr. John Swann, Mr. Tho: Lovick, Mr. John Dawson, Mr. John Starkey and Mr. John Haywood Committee of this House on Publick Claims to join those of your House as you shall think fit to appoint.

And we have likewise appointed the following persons a Committee to examine, settle and adjust the publick accounts with the Treasurers of the Southern and Northern Districts of this Province in conjunction with those Members of your House as you shall think fit to appoint. viz. Mr. John Swann, Mr. John Starkey and Mr. John Dawson.


Dated the 3rd April 1749.

Then the House adjourned untill three of the Clock in the afternoon.

Post Meridn The House met according to adjournment.

Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

The House took under their consideration the Message of this Morning from the Lower House regarding the appointment of the several Committees and were pleased to direct that the Honourable Mathew Rowan, Col: Forbes be appointed to join the Committee of the Lower House upon the Claims and the Honourable Eleazar Allen and Roger Moore Esqrs upon the Accounts to join those of the Lower House. And ordered that a message be sent to the Lower House to that purpose.

Mr. Sampson Brought up from the Lower House the following Bills viz. A bill for an Act to put in force in this Province the several Statutes

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of the Kingdom of England or South Britain therein particularly mentioned. A Bill for an Act for erecting the upper part of New Hanover County into a County and Parish for appointing a place for building a Court House, Prison and Stocks in the said County. In the General Assembly read the first time and past.

Mr. Carruthers Brought up a Bill for an Additional Act, intituled an Act for the better regulating the Town of New Bern for fencing the same and securing the Titles of the several persons who hold Lots in the said Town. In the General Assembly read the first time and past.

Then the House adjourned until To-morrow morning 9 o' the Clock.


Tuesday the 4th April. The House met according to adjournment.
Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

And adjourned untill Wednesday Morning Ten o' the clock.


Wednesday 5th April. The House met according to adjournment.
Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

And adjourned untill To-morrow morning Ten o' the clock.


Thursday the 6th of April. The House met according to adjournment.
Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

And adjourned until Three o'clock in the afternoon.

Post Meridn The House met according to adjournment.

Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

The Honourable Eleazar Allen Esqre a Member of this Board produced to the House a Bill for an Additional Act Intituled an Act for forming a Rent-Roll of all the Lands holden in this Province for quieting the Inhabitants in their Possessions and for directing the payment of Quit-Rents. Read the first time and passed.

Mr. Starkey and Mr. Sampson Brought up the second Bills. viz: A Bill for an Act for encouragement of James Davis to set up and carry on

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his Business of a Printer in this Province and for other purposes therein mentioned. In the General Assembly read the first time and past. In this House read and past.

A Bill for an act directing the Method for cutting or docketing Intails of small estates.

A Bill for an act for founding, erecting, governing, ordering and visiting a Free school at for the Inhabitants of this Province.

A Bill for an act for the relief of the Poor and to prevent Idleness.

A Bill for an act to enable the Justices of the several Counties to provide certain Books for the use of their County Courts.

A Bill for an act appointing Packers and to prevent Frauds in divers Commodities exported out of this Province.

A Bill for an act for the Relief of poor Debtors. In the General Assembly read the first time and past.

Then the House adjourned untill Tomorrow morning 9 o' the clock.


Friday April the 7th The House met according to adjournment.
Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

And adjourned untill three of the Clock in the afternoon.

Post Meridn

Present
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council

Mr. Swann and Mr. Dawson Brought up a Bill for an act for dividing Bladen County and for erecting the Western Part thereof into a seperate County and Parish by the name of Anson County and Dobb's Parish. In the General Assembly read the first time and past.

Also the following Message viz:

Gent: &c:

This House have appointed Mr. John Swann, Mr. Francis Stringer, Mr. Jos: Clark, Mr. John Dawson, Mr. John Smith, Mr. John Starkey, Mr. Joseph Bell, Mr. Joseph Howell, Mr. William Eaten, Mr. Rufus Marsden and Mr. John Carruthers a Committee to examine and compare the Laws revised by the Commissioners appointed for that purpose, with the Originals in Conjunction with those Members of your House as your Honours shall think proper to appoint and report the same to this House.

Then the House adjourned untill To-morrow morning 9 o' the Clock.

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Saturday April 8th The House met according to adjournment
Present
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council

Mr. Dawson and Mr. Sampson Brought up the following Bills viz.

The Bill for an act for an additional act for forming a Rent Roll &c:

The Bill for an act for the encouragement of James Davis to set up and carry on printing &c: In the General Assembly read the second time and passed with Amendments.

The House on reading the Message yesterday, took the same under their consideration and appointed the Honourable Nath: Rice and Edward Moseley Esqrs two of the Members of this Board a Committee of this House to join those of the Lower House. And ordered that a message be sent down to that purpose. Which accordingly was.

The Bill for an act for the encouragement of James Davis. Read the second time and passed with Amendments.

The Bill for an act for cutting and docking Entails &c. In this House read the first time and past.

The Bill for an act for relief of the poor, read the first time and past.

The Bill for an act for erecting the Western part of Bladen County into a County and dividing the same. In this House read the first time and past.

The Bill for an act for erecting the upper part of New Hanover County into a County Parish &c: In this House read and past.

The Bill for an act for putting in force the several Statutes of Great Britain in this Province. Read the first time and past.

A Bill for an act for releif of poor Debtors. Read the first time and past.

The Bill for an act for appointing Packers. Read the first time and past.

The Bill for an act to enable the Justices of the several Counties to provide Books for the use of their Counties. Read the first time and past.

Then the House adjourned until Three of the clock in the afternoon.

Post Meridn The House met according to adjournment.

Present
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council

Mr. Starkey and Mr. Sampson Brought up the following Bills. viz.

The Bill for an act for docking Intails &c:

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The Bill for an act for dividing Bladen County and erecting into a County by the name of Anson County and Dobb's Parish. &c:

The Bill for an act for the releif of the Poor &c:

The Bill for an act for erecting the upper part of New Hanover County into a County and Parish &c:

The above Bills read in the Lower House the second time and past with Amendments.

The Bill for an Act for better regulating the Town of Newbern Read the first time and past.

The Bill for an act for founding a Free school &c: Read the first time and past.

The Bill for an act for forming a Rent-Roll to his Majesty and Earl Granville &c: Read the second time and past with Amendments.

Mr. Haywood and Mr. Mackilwaen Brought up the Bill for an act for putting in force the several Statutes of Great Britain therein mentioned &c: In the General Assembly read the second time and past with Amendments.

Then the House adjourned untill 9 o' the clock Monday morning.


Monday April 10th 1749. The House met according to adjournment.
Present
The Honourable Nath: Rice Esqr Member of His Majties Council
The Honourable Edward Moseley Esqr Member of His Majties Council
The Honourable Eleazar Allen Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan Esqr Member of His Majties Council
The Honourable William Forbes Esqr Member of His Majties Council

Mr. Haywood and Mr. McWean Brought up the following Bills. viz:

The Bill for an Act to enable the Justices of the several Counties to buy Books &c: In the General Assembly read the second time and past with Amendments.

The Bill for an act for the Releif of poor Debtors. &c: In the General Assembly read the second time and past.

The Bill for an act for directing the Method of cutting and docking Intails &c: Read the second time and past with Amendments.

The Bill for an act for releif of poor Debtors. Read the second time and past.

The Bill for an act for erecting the upper part of New Hanover County into a County and parish by the name of Donegal and St Colomb.

The Bill for an Act for dividing Bladen County and for erecting the Western part thereof into a County and Parish by the name of Anson County and St Georges Parish. Read the said Bills the second time and passed with Amendments.

Then the House adjourned untill Three of the clock in the afternoon.

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Post Meridn The House met according to adjournment.

Present
The Honourable Nath Rice Esqr Member of His Majties Council
The Honourable Edward Moseley Esqr Member of His Majties Council
The Honourable Eleazar Allen Esqr Member of His Majties Council
The Honourable Roger Moore Esqr Member of His Majties Council
The Honourable Mathew Rowan Esqr Member of His Majties Council
The Honourable William Forbes Esqr Member of His Majties Council

Mr. Haywood, Mr. Eaton Brought up the Bill for an act for encouragement of James Davis to set up and carry on the business of a Printer, &c: In the General Assembly read the third time and past.

Mr. Starkey and Mr. Marsden Brought up the Bill for an act for founding a free school &c: In the General Assembly read the second time and past with Amendments.

Also the Bill for an act for forming a rent Roll &c: In the General Assembly read the second time and past with Amendments.

The Bill for an additional Act for forming a Rent-Roll &c. Read the third time and past with Amendments.

The Bill for an Act for encouragement of James Davis to set up & carry on the Business of a Printer. In this House read the third time and past. Ordered the same be sent down and engrossed.

Mr. McKilwean and Mr. Carruthers Brought up the following Bills. Vizt The Bill for an act for appointing Packers &c: The Bill for an act for the better regulating the Town of New Bern &c: In the General Assembly read said Acts the second time and past with Amendments.

Then the House adjourned till To-morrow morning 9 of the clock.


Tuesday April 11th The House met according to adjournment.
Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

Mr. Sampson and Mr. Swann Brought up a Bill for an act for forming a Rent-Roll &c: Read in the General Assembly the third time and past. Ordered the same be engrossed. Also the Bill for an Act for erecting the upper part of New Hanover County into a County and Parish by the name of Donegal and Colomb Parish. The Bill for an Act for cutting and docking Intails &c: The Bill for an Act for relief of the poor &c: In the General Assembly read the third time and passed.

The Bill for an Act for relief of the Poor &c: Read the third time and past. Ordered the same be sent down and engrossed.

The Bill for an Act for directing the method of docking Intails &c: Read the third time and passed. Ordered the same be sent down and engrossed.

Then the House adjourned untill Three of the clock in the afternoon.

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Post Meridn The House met according to adjournment.

Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

Then the House adjourned untill To-morrow morning 9 o' the clock.


Wednesday 12th April. The House met according to adjournment.
Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

And adjourned untill Three o'clock in the afternoon.

Post Meridn The House met according to adjournment.

Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

Mr. Rowan one of the Members of this Board appointed to join the Committee of the Lower House upon the Claims reported the same.

Then the House adjourned untill To-morrow morning 9 of the clock.


Thursday. 13th April. The House met according to adjournment.
Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

Then the House took under their Consideration the report of the Committee of Claims and after examining the same sent it down to the Lower House concurred with.

Then the House adjourned untill Three of the Clock in the afternoon.

Post Meridn The House met according to adjournment.

Present
The Honourable Nath: Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

The Report of the Committee of Claims sent down, concurred with.

Mr. Allen one of the Members of this Board upon the Committee of Accounts reported the same to this House which was concurred with.

Mr. Starkey and Mr. Haywood Brought up the following message. viz. with the following Resolves. viz:

-------------------- page 982 --------------------

Gentlemen of his Majesties Honourable Council

We herewith send you the Resolve of this House in regard to the payment of the Arrears due from the Publick to the Honourable Enoch Hall Esqre his Majesties Chief Justice, for riding the several Circuits in this Province which by Law he is obliged to do, and desire your Honours concurrence.


In the General Assembly April 12th 1749.

Upon Enoch Hall Esqre Chief Justice of this Province having represented to this House that he hath been at great expence in riding the Circuits and that by the neglect of the Sheriffs in this Province collecting the Tax laid for raising the money to pay the Sallary by Law appointed for that service whereby the Publick is now in arrear to him the Sum of two hundred and twenty two pounds, six shillings and eight pence Proclamation Therefore he humbly hopes that the House will take the same into Consideration, and direct that the said Arrear be paid him by the Publick, whereby he may be the better enabled to perform the duty which he is obliged by Law in riding the said Circuits.

Resolved by this House that the said arrear be paid to the Honourable Enoch Hall Esquire by the Commissioners for stamping and emitting the sum of £21350 Publick Bills of Credit of this Province at the rate of Proclamation Money &c: out of the Publick Chest and that as the money arises by the said Tax shall be received and accounted for (as the Law directs) by the Sheriffs of the several Counties the same shall be applied to the reimburseing the Publick.


In the General Assembly 13th April 1749.

The Accounts of Edward Moseley Esqre and Thomas Barker Gentlemen, Treasurers of this Province, being reported to this House by the Committee for examining and stating the Public Accounts

Resolved. That the sum of seven hundred and twelve pounds, twelve shillings, and seven pence half penny, accounted for, and paid into the said Committee on the sinking fund, and also the sum of one Thousand, Two hundred, and sixty one pounds, fifteen shillings and 10d accounted for, and paid into the said Committee, as a part of the Loan Money, by Edward Moseley Esqre be burnt.

And that as the said Thomas Barker hath not satisfied the said Committee, what part of the money, paid in by him, was received and paid in upon the account of the sinking fund. That the sum of £2296.12s.9d old money by him paid into the said Committee be burned.

-------------------- page 983 --------------------

And that the new, or Proclamation Money, by him paid into the said Committee be lodged in the publick Chest 'till the said Thomas Barker shall make it appear to this House on what account and on what Tax the said money was paid into him by the several Sheriffs. That the same money may be disposed of and apply'd accordingly.

The aforesaid resolves, after being read and approved of, were sent down to the Lower House, together with the report of the Committee of accounts concurred with by this House.

Then the House adjourned until to-morrow morning 9 o' the clock.


Friday. April 14th The House met according to adjournment.
Present
The Honourable Nathaniel Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

Mr. Swann and Mr. Bell Brought up the following message (viz:)

In the General Assembly April 14th 1749.

On the motion of Mr. John Starkey that the several sums of money paid into the Committee of Publick Accounts, may be burned agreable to an Act of the General Assembly of this Province

Resolved. That the sum of seven hundred and Twelve pounds Twelve shillings and seven pence halfpenny, paid in on the sinking fund, and the sum of one thousand Two hundred and sixty one pounds fifteen shillings and Ten pence loan money paid in by Edward Moseley Esqre one of the Treasurers of this Province. The sum of Two Thousand Two hundred and Ninety one pounds, Twelve shillings and nine pence old Bills paid by Thomas Barker Gen: The other Treasurer of this Province, and also the sum of one Thousand Two hundred and fifty two pounds five shillings and six pence old Bills exchanged for new by the Commissioners for stamping and emitting the sum of Twenty one Thousand three hundred and fifty pounds Proclamation money be burnt at 12 o'clock this day in the Publick Street, before the Court House, in the presence of the Members of both Houses, or such of them as will attend.

Your Honours will please to take notice that Edward Moseley Esqre paid into the said Committee the sum of one hundred, and eighty nine pounds, thirteen shillings and three pence Proclamation new money in discharge of the sum of one Thousand four hundred and Twenty Two pounds and is part of the sum to be burnt. Sent up for the concurrence of this House and they on reading the same, sent it down concurred with.

Then the House adjourned until Three of the clock in the afternoon.

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The House met according to adjournment.

Present
The Honourable Nathaniel Rice. Esqr Member of His Majties Council
The Honourable Edward Moseley. Esqr Member of His Majties Council
The Honourable Eleazar Allen. Esqr Member of His Majties Council
The Honourable Roger Moore. Esqr Member of His Majties Council
The Honourable Mathew Rowan. Esqr Member of His Majties Council
The Honourable William Forbes. Esqr Member of His Majties Council

Then His Excellency came to the House and sent a mandate to the Lower House commanding their immediate attendance in the Council Chamber. Whereupon the Speaker, attended by the Lower House waited upon his Excellency in the Council Chamber. When he was pleased to give his assent to the following Bills.

An Act, for an Additional Act, intituled an act for forming a RentRoll of all the Lands in this Province, to his Majesty and the Earle Granville &c.

An Act for encouragement of James Davis to set up a printing Office in Newbern. &c.

An Act for releif of poor Debtors &c.

An Act for cutting and docking entails &c.

Then his Excellency was pleased to prorogue this Assembly to the fourth Tuesday in September following to be then held at Newbern.