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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
March 28, 1749 - April 14, 1749
Volume 04, Pages 984-999

North Carolina—ss.

At an Assembly begun and held at New Bern the 12th day of June in the Year of our Lord 1747 and In the Twentieth first year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King &c from thence Continued by several prorogations to the 28th March 1749 being the Session of this present Assembly

Members Present
Mr. Speaker
Mr. Haywood
Mr. Lovick
Mr. Eaton
Mr. Edward Jones
Mr. Joseph Bell
Mr. Jno. Herring
Mr. Jno Smith
Mr. Wm Bartram
Mr. Jno. Carruthers
Mr. Jos. Clark
Mr. Fran: Stringer
Mr. Jos. Howell
Mr. Rufus Marsden
Mr. Jno. Swann
Mr. John Sampson
James Derham, Door keeper
Benj Fordham, Messenger

Mr. Haywood and Mr. Jno. Swann waited on His Excellency The Governour and acquainted him that the House was met in order to proceed on Business.

His Excellency the Governour was pleased to desire the House to adjourn till to-morrow and then he would receive them

The House adjourned till to-morrow 9 o'clock

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Wednesday the 29th of March 1749

Mr. Starkey, Mr. Dawson, Mr. Washington appeared.

His Excellency was pleased to prorogue this Assembly untill Thursday the 30th of March, for want of a sufficient number of His Majesty's Honorable Council


Thursday the 30th of March 1749

The General Assembly met according to the prorogation

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

The House in a full Body waited On His Excellency the Governour in the Council Chamber where His Excellency was pleased to make the following speech, and which was Read and ordered to be Engrossed: which is as follows (viz:)

Gentlemen of His Majesty's Council Mr. Speaker and Gentlemen of The House of Representatives

Your Behaviour during the two last Sessions leave me no room to doubt, that you are now assembled with the best dispositions to promote His Majesty'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 see fit to be present at the making of them, Though if they had, I am afraid such Laws had never been Enacted, at least not with that Unanimity and not without much greater Struggle than they were, Expressly those 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 Granville, the former absolutely necessary for securing the lives and properties of a free Born people against the frauds and tricks of Ignorant and Insolent pretenders to the Law and the Letter, what Common Justice to our Landlords absolutely required and Demanded.

And yet neither of these points though often seriously recomended and Earnestly contended for could ever be carried while these Gentlemen Honored 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 Virtue and publick spirited

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actions than a Steddy and undaunted perseverence, Let no vain clamorous Boastings, no monstrous calumnies & Forgeries Industriously spread among Ignorant people, no petulent noisy Behaviour in private conversation, the constant attendants of a bad and desperate cause either deter or dishearten you. You have the Happiness of living under a most just and gracious prince, who as he is tender of the rights of his meanest and most Distant subjects so he will never suffer his writs to be affronted or his prorogatives disdained farr less will he suffer his subjects in this province to be robbed of the priviledges of Englishmen of the Benefit of Assemblies and the British Constitution at the Caprice or humour of the Members 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 the persons who want to Engross the whole Legislative power to themselves, and I don't at all Doubt but it will be soon Decided Intirely to your satisfaction.


March 30th 1749
GAB: JOHNSTON

The House Returned

Mr. Dawson moved that a Committee be appointed to prepare an address to His Excellency the Governour in answer to the sd speech.

Resolved, That Mr. Jno. Swann and Mr. Jno Starkey be appointed a Committee to prepare the said address and present the same to this House, and they are accordingly appointed.

Read the petition of several Inhabitants of the upper part of New Hanover County, setting forth the Great Hardships they labour under in Travelling near 160 miles to the Court of the said County held at Wilmington, Praying a Bill for an Act may be brought in to this House to Erect the upper part of said County of New Hanover into a Distinct County and parish &c

Ordered that a Bill be brought in for the said purposes

Mr. Sampson, Mr. Herring and Mr. Lovett are appointed to prepare and bring in the same.

The House adjourned till to-morrow morning 10 o'clock.


Friday the 31st of March 1749. The House met according to adjournment.

The House adjourned till to-morrow 9 o'clock.


Saturday the 1st of Aprill 1749. The House met according to adjournment.

The House adjourned till Monday Morning 10 o'clock.

-------------------- page 987 --------------------

Monday the 3d of Aprill 1749. The House met according to adjournment

Mr. John Swann from the Committee appointed to prepare an address to His Excellency the Governour in answer to His Excellency's Speech, acquainted this House that the said Committee had prepared the said address, which address he presented to the House for approbation.

Ordered the same be Read, which was as follows (viz:)

North Carolina—ss.

To His Excellency Gabriel Johnston Esq Governour and Commander in Chief of His Majesty's Province of North Carolina

The Humble Address of the General Assembly of the said Province

May it please your Excellency,

We return your Excellency our sincere and hearty thanks for your speech at the opening of this Session of General Assembly, and we Intirely agree with your Excellency in the nature of that unhappy dispute at present so Industriously carried on by a part of our fellow Subjects which you are pleased so justly, truly, and concisely to state to us

We Esteem it amongst the Greatest of Blessings of Providence to live the Subjects of a most Gracious prince. One that throughout his whole Reign hath been extremely tender of the Rights and Liberties of all his Subjects How farr soever Removed from his Royal presence And as we are not Conscious of our having shewn the Least disobedience to His Majesty's Writs and prorogatives: so we Confidantly trust His Gracious Majesty will not suffer us His Good Subjects residing in this Province to be Bereaved of any of those Valuable Priviledges, We as Subjects of Great Britain are born unto and particularly the Benefit of General Assemblys at the Capricious humour of the members of five or six of the most Northern Counties.

In the passing of those two Laws your Excellency is pleased to mention as well as several others, We had no view to gratify any party or private Interest, But as we then were, we still continue to be of opinion that they were all calculated to promote the welfare and Interest of the Inhabitants of the whole province, and in our present circumstances absolutely necessary for securing the Lives and fortunes of all our fellow Subjects and doing Justice to our Land lords.

We assure your Excellency we are now met again with strong resolutions steadily to persevere in promoting His Majesty's Service, and the Quiet, peace and security of all our constituents—And we firmly resolve no clamorous Boastings, no vain stories by whom soever artfully published and spread shall Deter or Discourage us from passing such other

-------------------- page 988 --------------------
Laws as may conduce to so Laudable an End or from concerting such further measures as shall be Judged most proper to support the Laws allready made and for defeating the Artifices and Designs of the obstructors of so much Desired peace and Settlement.

To all which from our many Years Experience of your Excellency's readiness on all occasions to join in everything proposed for His Majesty's Service and the Good of this province. We assure ourselves of your concurrence—And as our Disputes are now laid before His Majesty in Council, we doubt not when the truth of the controversy shall be clearly Represented, it will meet with a Decission to our Satisfaction


3rd Aprill 1749
By Order
S. SWANN, Speaker

The House approved thereof and Resolved That the same be presented to His Excellency the Governour

Mr. John Swann moved that a Committee for settling and allowing the publick claims of this province in conjunction with those of His Majesty's Council as they shall think proper to appoint.

And the following persons were according[ly] appointed (viz:) Mr. Jno. Swann Mr. Thos: Lovick Mr. Jno. Dawson Mr. Jno: Starkey and Mr. Jno: Haywood

Sent the following Message to the Council

Gentlemen of His Majesty's Honorable Council

We have appointed Mr. Jno: Swann, Mr. Thos: Lovick, Mr. Jno: Dawson, Mr. John. Starkey and Mr. Jno. Haywood a Committee of this House on the publick claims to joyn those of your House as you shall think fit to appoint

By Order
SAM SWANN, Speaker

3rd April 1749

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. Swann, Mr. Starkey and Mr. Dawson


3rd Aprill 1749
By Order
S. SWANN Speaker

Sent the above two Messages by Mr. Jno. Swann.

His Excellency the Governour sent a Message to this House acquainting them he was ready to receive their address and commanded the Immediate attendance thereof in the Council Chamber therewith, the House in a full Body waited on His Excellency the Governour in the Council Chamber with their address and presented the same to his Excellency who was pleased to return his thanks to this House for the same.

-------------------- page 989 --------------------

The House returned.

The House adjourned till three o'clock in afternoon.

P. M. The House met according to adjournment.

Mr. Jno. Swann moved for leave to bring in a Bill for an Act to put in force in this Province the several statutes of the Kingdom of England or South Britain therein particularly mentioned.

Ordered he have leave and that he prepare and bring in the same, which he accordingly did and read the same in his place.

Ordered the same pass and be sent to the Council.

Sent the above Bill to the Council by Mr. Sampson

Received the following message from the Council (Viz:)

Mr. Speaker and Gentlemen

This House on reading the message of the House Regarding the appointment of the Committees of the Accounts and Claims &c thought proper to appoint the Honorable Eleazer Allen and Roger Moore Esqs on the accounts and the Honorable Mathew Rowan and Col. Forbes on the claims to joyn those of your House

By Order of the Upper House
Rd LOVETT, Clk Upper House

Dated 3d Aprill 1749

Mr. Jno. Sampson one of the Committee to prepare a Bill for an Act for Erecting the Upper part of New Hanover County into a County and Parish and for appointing a place for Building a Court House, Prison and Stocks in the said County brought in the same 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. Sampson.

Mr. Jno. Carruthers moved for leave to bring in a Bill for an additional Act to an 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 lotts in the said town.

Ordered he have leave and that he prepare and bring in the same, Which he did accordingly and Read the same in his place.

Ordered the same pass and be sent to the Council.

Sent the above Bill to the Council by Mr. Carruthers.

The House adjourned till to-morrow morning 10 o'clock


Tuesday the 4th Aprill 1749 The House met according to adjournment.
(Certificate.)

H. Johnston R. Washington Wm Hynes of N. Hampton. Received the following Certificates from the County Court of Northampton

-------------------- page 990 --------------------
County (to-wit) One in behalf of Henry Johnston of said County, One In Behalf of William Hynes of said County, One in Behalf of Richard Washington of said County, therein certifying that the said persons are very poor and Infirm, and ought to be exempt from paying publick Taxes and doing publick Duties.

Ordered they be Exempt accordingly.

The House adjourned till to-morrow 9 o'clock


Wednesday the 5th of April 1749. The House met according to adjournment.

Mr. John Starkey moved for leave to bring in a Bill for an Act for appointing Packers and to prevent frauds in Divers Commodities Exported out of this Province, also a Bill for an Act for the relief of poor Debtors, and the Bill for an Act for founding, Erecting, ordering and visiting a free school at for the use of the Inhabitants of this province. And a Bill for an Act Directing the method for cutting or Docking Intails of small estates. And a Bill for an Act to enable the Justices of the several Counties to provide Certain Books for the use of their County Courts. And also a Bill for an Act for the Relief of the poor, and to prevent Idleness.

Ordered he have leave and that he prepare and bring in the same, which he did.

Ordered the same be read to-morrow.

The House adjourned till to-morrow 9 o'clock.


Thursday the 6th Aprill 1749 The House met according to adjournment

Mr. Rufus Marsden moved for leave to bring in a Bill for an Act for the Encouragement of James Davis to set up and carry on his Business of a printer in this province, and for other purposes therein mentioned.

Ordered he have leave and that he prepare and bring in the same, which he accordingly did, and Read the same in his place.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. Starkey and Mr. Sampson.

Ordered the Bills brought in yesterday by Mr. Starkey be Read. Read the said Bills.

Ordered the same pass and be sent to the Council.

Sent the above Bills to the Council by Mr. Starkey and Mr. Sampson.

The House adjourned till to-morrow 9 o'clock.


Friday the 7th of Aprill 1749 The House met according to adjournment.
-------------------- page 991 --------------------

Edward Moseley Esq. one of the Commissioners appointed to Revise and print the Laws now in force in this province Reported that the Committee had Revised the said Laws and produced the same to this House.

Mr. John Swann moved that a Committee be appointed to Examine and compare the said Revisals with the Originals and Report the same to the House. And Mr. John Swann, Mr. Jno. Starkey, Mr. Fran. Stringer, Mr. Joseph Bell, Mr. Jos. Clark, Mr. Joseph Howell, Mr. Jno. Dawson, Mr. W. Eaton, Mr. Jno. Smith, Mr. Rufus Marsden, and Mr. Jno. Carruthers are accordingly appointed in Conjunction with those of his Majesty's Council as shall by them be thought proper to appoint.

Ordered the following message be sent to the Council

Gentlemen of his Majesty's Council

This House have appointed Mr. Jno. Swann, Mr. Jno. Starkey, Mr. Fra: Stringer, Mr. Jos. Bell, Mr. Jos. Clark, Mr. Jos. Howell, Mr. Jno. Dawson, Mr. Wm Eaton, Mr. John Smith, Mr. Rufus Marsden, and Mr. Jno. 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 Honor shall think proper to appoint and Report the same to this House


7th Aprill 1749
By Order S. SWANN, Speaker

Sent by Mr. Jno. Swann and Mr. Dawson

Mr. Jno. Sampson One of the Committee appointed to prepare and bring in a Bill for an Act for Dividing Bladen County and for Erecting the Western part thereof into a separate County and parish by the name of Anson County and parish of        Brought in the said Bill which he read in his place

Ordered the same pass and be sent to the Council

Sent the same to the Council by Mr. Jno. Swann and Mr. Dawson.

Received from the Council the Bill for an Act for the encouragement of James Davis to Set up and Carry on his Business of a printer in this province &c And the Bill for an additional Act to an 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. Endorsed Aprill the 6th 1749 In the Upper House Read the first time and passed.

By Order
Rd LOVETT Clk

Read the second time the Bill for an Act for the Encouragement of James Davis to Set up and carry on his business of a printer in thi province &c

-------------------- page 992 --------------------

Ordered the same pass with amendments and be sent to the Council

Read the first time the Bill for an additional Act to an Act Intituled an Act for forming a Rent Roll &c.

Ordered the same pass and be sent to the Council

Sent the above two Bills to the Council by Mr. Swann and Mr. Dawson

The House adjourned till 9 o'clock to-morrow morning


Saturday the 8th of April 1749 The House met according to adjournment

Received from the Council the following Bills (viz:)

The Bill for encouraging James Davis to set up and carry on his Business of a printer in this province and so forth Endorsed Aprill 8th 1749 In the Upper House Read the second time and passed

By Order
Rd LOVETT Clk

The Bill for an Act for the Relief of the poor &c and The Bill for an Act directing the method of Cutting or Docking Entails of Small Estates Endorsed Aprill the 8th 1749 In the Upper House read the first time and passed. By Order of the House

Rd LOVETT Clk

Received from the Council the Bill for an Act for Dividing Bladen County, and for erecting the Western part thereof into a Separate County &c Endorsed Aprill 8th 1749 In the Upper House Read the first time and passed By Order

Rd LOVETT Clk

And the following message (viz:)

Mr. Speaker and Gentlemen

This House on Reading your message of yesterday and considering the same thought proper to appoint the Honorable Nat. Rice and Edward Moseley Esqrs Two of the members of this Board a Committee to joyne those of yours to Examine and Compare the Laws revised by the Commissioners appointed for the said purpose By Order of the Upper House

Rd LOVETT Clk

Aprill 8th 1749

Received from the Council the Bill for an Act for Erecting the Upper part of New Hanover County into a County and parish &c. Endorsed Aprill 8th 1749. In the Upper House read the first time and passed.

By Order
Rd LOVETT Clk.
-------------------- page 993 --------------------

Read the second time the Bill for Erecting the Upper part of New Hanover County into a County and parish &c. and the Bill for an Act directing the method of cutting or Docking Entails of small Estates.

Ordered &c.

And the Bill for the Relief of the poor and to prevent Idleness.

And the Bill for an Act for Dividing Bladen County, for Erecting the Western part thereof into a County and parish &c.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. Starkey and Mr. Sampson.

Received from the Council the following Bills (viz:)

The Bill for an Act to Enable the Justices of the several Counties to provide certain Books &c.

The Bill for appointing Packers &c.

The Bill for Relief of Poor Debtors &c.

The Bill to put in force in this province the several Statutes of the Kingdom of Great Britain &c. Endorsed Aprill 8th 1749. In the Upper House read the first time and passed.

By Order
Rd LOVETT Clk.
The House adjourned till 3 o'clock afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill for an additional Act to an Act for the better Regulating the Town of New Bern &c. Endorsed Aprill the 8th 1749. In the Upper House Read the first time and passed. By Order of the House

Rd LOVETT Clk.

Received from the Council the Bill for an Act for founding and erecting a free school &c. Endorsed Aprill 8th 1749. In the Upper House Read the first time and passed. By Order

Rd LOVETT Clk.

Read the second time the Bill for an Act to put in force in this province the Several Statutes of the Kingdom of England or South Britain &c.

Ordered the same passed with amendments and be sent to the Council

Sent the above Bill to the Council by Mr. Haywood and Mr. Macklewean

Received from the Council the Bill for an additional Act to an Act Intituled an Act for forming a Rent Roll &c Endorsed Aprill 8th 1749 In the Upper House Read the second time and passed with amendments.

By Order

Rd LOVETT Clk
-------------------- page 994 --------------------

Read the second time The Bill for an Act to Enable the Justices of the several Counties to provide certain Books for the use of their County Courts with amendments. Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. Haywood and Mr. Macklewean.

Read the second time the Bill for an Act for the Relief of poor Debtors with amendments.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. Haywood and Mr. Macklewean.

The House adjourned till Monday morning 10 o'clock.


Monday the 10th Aprill 1749. The House met according to adjournment.

Read the third time the Bill for an act for the Encouragement of James Davis to set up and carry on his Business of a printer in this province with amendments.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. Haywood and Mr. Eaton.

Received from the Council the Bill for an act for the Relief of poor Debtors. Endorsed Aprill 10th 1749. In the Upper House. Read the second time and passed. By Order of the House.

Rd LOVETT Clk.

And the Bill for an Act for directing the method of cutting or Docking Entails of small Estates. Endorsed Aprill 10th 1749. In the Upper House Read the second time and passed with amendments.

By Order

Rd LOVETT Clk.

Read the Second time the Bill for an Act for founding, Erecting, Governing, Ordering and Visiting a free school &c. passed with amendments.

Sent the same to the Council by Mr. Starkey and Mr. Marsden.

Received from the Council the Bill for dividing Bladen County and the Bill for Erecting the Upper part of New Hanover County into a County &c Endorsed Aprill 10th 1749 In the Upper House Read the second time and passed with amendments

By Order

Rd LOVETT Clk

Read the second time the Bill for an Additional Act to an Act Intituled an Act for forming a Rent Roll &c. and passed with amendments.

Sent the same to the Council by Mr. Starkey and Mr. Marsden.

The House adjourned till 3 o'clock afternoon

P. M. The House met according to adjournment.

-------------------- page 995 --------------------

Read the Bill for an Act appointing Packers &c. the second time and passed with amendments

And the Bill for an Additional Act to an Act Intituled an Act for the regulating the Town of New Bern &c the second time with amendments.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. Macklewean and Mr. Carruthers

Received from the Council the Bill for an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer &c. Endorsed Aprill 10th 1749 In the Upper House Read the third time and passed.

By Order

Rd LOVETT Clk

And the Bill for an additional Act to an Act Intituled an Act for forming a Rent Roll &c. Endorsed Aprill 10th 1749 In the Upper House Read the third time and passed

By Order

Rd LOVETT Clk

The House adjourned till to-morrow morning 9 o'clock


Tuesday the 11th of Aprill 1749. The House met according to adjournment

Read the third time the Bill for an additional Act to an Act Intituled an Act for forming a rent Roll for all the Lands in this province and passed.

And the Bill for an Act for Dividing Bladen County and for Erecting the Western part thereof into a separate County and parish &c. the third time and passed.

And the Bill for an Act for erecting the Upper part of New Hanover County into a County and parish &c the third time and passed.

And the Bill for an Act for the Relief of poor Debtors &c. the third time and passed.

And the Bill for an Act Erecting the method of Cutting or Docking Entails of small Estates the third time and passed.

Sent the above five Bills to the Council by Mr. Swann and Mr. Sampson.

Mr. John Swann moved that His Excellency the Governour be acquainted that Mr. Benjamin Peyton late one of the Members of this House is Dead and Direct him to order a Writ to Issue to Elect and choose a member to sit and vote in this House in the Room and stead of the said Benj Peyton Deceased.

Ordered that Mr. Jno. Swann acquaint His Excellency therewith and desire him to order a Writ to Issue agreeable to his motion abovesd

The House adjourned for an hour.

-------------------- page 996 --------------------

The House met according to adjournment.

Received from the Council the Bill for an Act for the Relief of Poor Debtors. and the Bill for an Act for directing the method of Docking Entails of Small Estates. Endorsed Aprill 11th 1749. In the Upper House Read the third time and passed.

Ordered to be sent down and Engrossed.

By Order.

R. LOVETT Clk.

The House adjourned till to-morrow 9 o'clock.


Wednesday the 12th of Aprill 1749. The House met according to adjournment.

Mr. Thomas Lovick Chairman of the Committee of Claims for this province Reported the several claims allowed by the Committee which were Read and concurred with.

Ordered the same be sent to the Council for their Concurrence.

Sent the same to the Council by Mr. Marsden and Mr. Carruthers.

The House adjourned till 3 o'clock afternoon

P. M. The House met according to adjournment.

Upon Enoch Hall Esq. His Majesty's 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 several Sheriffs in this province collecting the Tax laid for raising money to pay the salary by Law appointed for that service whereby the publick is now in arrear to him the sum of Two Hundred twenty two pounds six shillings and four pence proclamation money. Therefore he humbly hopes that the House will take the same into Consideration and Direct that the said arrear be paid him whereby he may be enabled the Better to perform the Duty to which he is obliged by the Law in riding the sd Circuits.

Resolved by this House that the said arrears be paid by the sd Enoch Hall Esq. by the Commissioners for stamping and Emitting the sum of 21350: publick Bills of Credit of this province at the rate of proc'l. money out of the publick chest and that as the money arising by the said Tax shall be received and accounted for as the Law Directs by the Sheriffs of the several Countys the same shall be applyed to the reimbursing the Publick the said sum.

Ordered the same be sent to the Council with the following message (viz:)

Gentlemen of His Majesty's Honorable Council,

We herewith send you the Resolve of this House in regard to the payment of the arrears due from the publick to the Honorable Enoch

-------------------- page 997 --------------------
Hall Esq. His Majesty's Chief Justice for riding the several Circuits in this province which by Law he is obliged to do, and desire your Honors Concurrence with us thereon. By Order

The House adjourned till to-morrow morning 9 o'clock.


Thursday the 13th of Aprill 1749. The House met according to adjournment.

The accounts of Edward Moseley Esq. and Thomas Barker general Treasurers of this province being reported to this House by the Committee for Examining and stating the Publick 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 Twelve Hundred and sixty one pounds fifteen shillings accounted for and paid into the same Committee as part of the loan money by Edward Moseley Esq. 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. The Sum of Two Thousand two Hundred and ninety pounds Twelve shillings and nine pence old money by him paid into the said Committee be Burnt and that the new or proclamation money by him paid in to the said Committee be Lodged in the publick Chest till the said Thomas Barker shall make appear to this House on what account or Tax the said money was paid in to him by the several Sheriffs that the same money may be disposed of and applyed accordingly.

Ordered the above Resolve and also that of yesterday be sent to the Council.

Sent the same to the Council by Mr. Starkey and Mr. Haywood.

Mr. Jno. Swann from the Committee of Publick accounts Reported as by Book of Reports. To which the House concurred.

Ordered the same be sent to the Council for their Concurrence.

Sent the same to the Council by Mr. Starkey and Mr. Haywood.

Received from the Council the Reports of the Committee of Claims. Endorsed Aprill 12th 1749.

The above reports were Read in the Upper House, approved and allowed of.

Ordered to be sent down for the Concurrence

By Order
NAT. RICE P.
SAMUEL SWANN, Speaker
Test. Rd Lovett Clk.

Total. £1562.3.11
-------------------- page 998 --------------------

The House adjourned till to-morrow 9 o'clock.


Friday the 14th of Aprill 1749. The House met according to adjournment.

Received from the Council the Reports of the Committee of publick Accounts Endorsed concurred with

NAT RICE, P.

And also the two Messages sent yesterday Endorsed, Concurred

NATH RICE P.

Sent the following messages to his Excellency the Governour (viz:)

May it please your Excellency

The revised Laws having been laid before this House &c. We further take leave to address your Excellency that as you were pleased to appoint Commissioners to sell such goods as were saved and taken from the Spains [Spanish] Wreck (and to distribute one half part thereof amongst the Sufferers in proportion to their losses, having a particular regard to the poorer, sent one fourth part amongst such persons as had distinguished themselves by their Bravery, and that the other fourth part should be returned to your Excellency to be applyed by the Governors Council and General Assembly towards defraying the Expenses of the Expedition) You will also be pleased to direct the said Commissioners to return to your Excellency an account of the money arising from the Sale of the said goods and Effects at the next Assembly that the said fourth part appointed by your Excellency, towards reimbursing the said Expense to the publick may be applyed by your Excellency and the Council and the General Assembly accordingly.

And as Saml Johnston Esq. former receiver of the Powder money and Import dutys at port Brunswick produced to the Committee of Publick Accounts, Receipts from your Excellency for the Sum of Two Thousand pounds old Currency for dispatches and other contingencies during the four first years of your Excellencys administration—the same not giving this House the satisfaction they could with—Desire your Excellency would be pleased to order the several papers and Vouchers to be laid before this House at the next Session for their further satisfaction.

S. S. S.

On the motion of Mr. Starkey that the several sums of money paid into the Committee of publick accounts may be Burnt, agreeable to an Act of the General Assembly of this province

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Resolved that the sum of £712.12.7½ paid in on the sinking fund, and the sum of £1261.15.10 loan money paid in by Edward Moseley Esq., one of the Treasurers of this province, the sum of £2290.12.9 Old Bills paid in by Thomas Barker Gent the other Treasurer of this province. and also the sum of £1252.5.6 old Bills Exchanged for New by the Commissioners for stamping and Emitting the sum of £21350 proc'l Be Burnt at Twelve of the clock this day in the publick street before the Court House in presence of the Members of Both Houses or such of them as will attend.

Your Honors will please to take notice that Edward Moseley Esq paid into the said Committee the sum 189.13.3 proc'l new money in discharge of the sum of £1422.2.11½ old money of the above mentioned sum by him paid in as above mentioned and is part of the same to be Burnt.

Ordered the above Resolve be sent to the Council for Concurrence.

Sent the above Resolve by Mr. Swann and Mr. Bell.

The House adjourned till two o'clock. P. M.

The House met according to adjournment.

Received from the Council the Resolve of this House sent this morning. Endorsed, Concurred with N. R. Agreeable to the said Resolve the sum of £4480. old Bills and £189.13.3 Equal to proc'l new money, in the presence of several of the Members of Both Houses were Burnt.

His Excellency the Governor sent to this House Commanding their Immediate attendance in the Council chamber with what Bills were Engrossed.

Mr. Speaker and the House in a full Body waited on His Excellency the Governor in the Council Chamber, and Mr. Speaker presented the following Bills (viz:)

1. The Bill for an additional Act to an Act Intituled an Act for forming a Rent Roll (vide) Title

2. The Bill for the relief of poor Debtors as to the Imprisonment of their persons

3. The Bill for an Act for directing the method of Cutting or Docking Intails of Small Estates

To which three Bills his Excellency was pleased to assent

Then prorogued this Assembly to the fourth Tuesday in September next then to be held at New Bern

Mr. Speaker with the House Returned and Reported the prorogation accordingly