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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
September 26, 1749 - October 18, 1749
Volume 04, Pages 1010-1027

At a General Assembly, begun and held at Newbern the Twelve day of June, in the Nineteenth year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith &c: and in the year of our Lord One Thousand Seven Hundred and Forty Six; and from thence continued, by several Prorogations, to the Twenty Sixth day of September, in the year of our Lord, One Thousand Seven Hundred and Forty Nine, in the Twenty Second year of his said Majesties reign: being the Seventh Session of this present General Assembly.


Tuesday. September 26. 1749.

The Writ for electing a Member to serve in this present General Assembly for Beaufort County in the room of Mr. Benjamin Peyton one of the Members of the said County, deceased, was returned a Certificate whereof was laid before this House by the Clerk of the Crown, by which it appeared, that Mr. Wyriot Ormond was elected a Member for the said County, in the room of the said Mr. Benjamin Peyton deceased; Pursuant thereto the said Mr. Ormond appeared, took the Oaths by Law appointed for his Qualification, subscribed the Test, and took his seat in the House accordingly.

And then the House adjourned till To-morrow morning 8 o'clock.

Wednesday. September 27. 1749. The House met according to adjournment. His Excellency the Governor was pleased to Prorogue this Assembly, until Thursday the 28th instant, to be then held at Newbern.

Thursday. September 28. 1749. His Excellency was pleased to prorogue this Assembly until Monday, the second day of October, to be then held at Newbern.

Monday. October 2. 1749. The House met according to prorogation. Ordered. That the Clerk bring into this House the revised Laws

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which were laid before them the last Session of Assembly by the Commissioners appointed to revise the same. And they were laid before the House accordingly.

Mr. Starkey moved, that a Committee be appointed to examine the Revisal of the said Laws, and make report thereof to this House; and that a Message be sent to his Majesties Honourable Council to appoint such Members of their Board as they shall think proper, to join the Committee of this House, for examining the said Revisal.

Resolved. That Mr. Swann, Mr. Starkey, Mr. Lovick Mr. McLewean Mr. Marsden, Mr. Bartram, Mr. Herring, Mr. Haywood, Mr. Jones, Mr. Dawson and Mr. Carruthers, be appointed a Committee of this House to examine the said Revisal, and report the same thereto. And they are appointed accordingly.

Sent the following Message to his Majesties Honourable Council.

Gentlemen of his Majesties Honourable Council

We have appointed Mr. John Swann, Mr. Starkey Mr. Lovick Mr. McLewean Mr. Marsden Mr. Bartram Mr. Herring Mr. Haywood Mr. Jones Mr. Dawson and Mr. Carruthers a Committee to examine the Revisal of the Laws now in force in this Province (which were laid before this House last Session of Assembly) in conjunction with such of your Board as you shall think proper to appoint.

By order.
S. SWANN. Speaker.

Sent the above Message to Mr. Marsden and Mr. Haywood.

Received the following message from the Council. viz.

Mr. Speaker and Gentlemen.

In answer to your Message by Mr. Dawson and Mr. Haywood we think no number less than our whole House, will be sufficient for the purpose you mention, as we consist only at present of five Members, we shall all therefore meet your Committee at the Council Chamber as soon as you think fit. By order of the Upper House.

R. LOVETT. Clerk.

And then the House adjourned till To-morrow morning Eight o'Clock.

Tuesday. October 3. 1749. The House met according to adjournment.

Mr. Haywood moved that the House adjourn till to morrow morning nine o'clock, that the Members appointed of the Committee to examine the Revisal of the Laws now in force, may join those of the Committee of the Council appointed by that Board for the same purpose. Which was agreed to. Nem. Con.

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Ordered. That the House adjourn accordingly.


Wednesday. October 4. 1749. The House met according to adjournment.

Mr. Swann moved that the House adjourn till tomorrow morning nine o'clock, that the Committee appointed to examine the revised Laws now in force, may join those of the Council appointed by that Board for the same purpose; Which was agreed to. Nem. Con.

Ordered. That the House adjourn accordingly.


Thursday. October 5. 1749. The House met according to adjournment.

Mr. Swann moved that the House adjourn till Tomorrow morning nine o'clock, that the Committee appointed to examine the revised Laws now in Force may join those of the Council, appointed by that Board for the same purpose, which was agreed to Nem: Con.

Ordered. That the House adjourn accordingly.


Friday. October 6. 1749. The House met according to adjournment.

Mr. Sampson moved that the House adjourn till Tomorrow morning nine o'clock, that the Committee appointed to examine the revised Laws now in force may join those of the Council, appointed by that Board for the same purpose, which was agreed to. Nem: Con:

Ordered. That the House adjourn accordingly.

Saturday. October 7. 1749. The House met according to adjournment: And then adjourned till Monday Morning Ten o'clock.


Monday. October 9. 1749. The House met according to adjournment.

Reported by the Committee appointed to examine the revised Laws now in force in this Province. That they had diligently examined and compared the same with the Originals and produced the said revisal to the House, for their approbation. The House approved thereof.

Resolved. That the said Laws so revised be printed by the Commissioners appointed for that purpose.

Mr. Swann moved that a Committee be appointed to settle and allow public claims &c: and the following persons were accordingly appointed viz. Mr. Swann, Mr. Lovick, Mr. Dawson, Mr. Starkey Mr. Haywood.

Sent the following message to the Council viz.

Gentlemen of his Majesties Honourable Council

We have appointed Mr. Swann, Mr. Lovick, Mr. Dawson, Mr. Starkey

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and Mr. Haywood a Committee of this House on the Public claims, to join such of your Board as you shall think fit to appoint.

By order.
S. SWANN. Speaker.

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

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

Mr. Sampson moved for leave, to bring in a Bill, to erect the Upper part of New Hanover County, into a County and Parish by the name of Donegall County and Parish of Faun, and for appointing a place for building a Court-house, prison and stocks in the said County; and also for dividing Bladen County, and erecting the Western part thereof into a separate County and Parish, by the name of Anson County, and St Georges Parish.

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

Mr. Starkey moved for leave to bring in a Bill, to enable the Justices of the several Counties to provide certain Law Books for the use of their County Courts; and also a Bill, for the relief of the poor, and to restrain vagrants.

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

The House adjourned till two o'clock in the afternoon.

P. M. The House met according to adjournment.

Mr. Swann brought in a Bill to put in force in this Province the several statutes of the Kingdom of England, or South Britain, therein particularly mentioned: which he read in his place.

Ordered that the same do pass, and be sent to the Council.

Mr. Sampson brought in a bill to divide the Upper part of New Hanover County &c: which he read in his place.

Ordered that the same do pass, and be sent to the Council

Mr. Starkey brought in the following Bills viz: A Bill to enable Justices to provide certain Law Books &c: and the Bill for the relief of the poor &c: which he read in his place.

Ordered, that the same do pass and be sent to the Council.

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

And then the House Adjourned till Tomorrow morning Nine o'clock.


Tuesday. October 10. 1749. The House met according to adjournment.

Received from the Council the following message. viz:

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Mr. Speaker and Gentlemen,

In answer to your message, relating to a Committee of Claims, this House have appointed Mathew Rowan and James Hazell Esqrs a Committee to join yours on that service.

By order of the Upper House.
R. LOVETT. Clerk.

And also the following Bills viz:

A Bill to put in force in this Province the several Statutes of the Kingdom of England or South Britain &c:

A Bill to divide the Upper part of New Hanover County &c:

A Bill to enable the Justices of the several Counties to provide certain Law Books &c:

And the Bill for the relief of the Poor &c:

Endorsed October 10. 1749. in the Upper House, read the first time and passed.

By order.

R. LOVET. Clerk.

And then the House adjourned till To-morrow morning Nine o'clock.

Wednesday. October 11. 1749. The House met according to adjournment; and then adjourned till four o'clock in the afternoon.

P. M. The House met according to adjournment.

Mr. Swann moved for leave to bring in a Bill to confirm the several Acts of Assembly of this Province therein mentioned as revised by the Commissioners appointed by an Act of the General Assembly of this Province intituled an Act for appointing Commissioners to revise and print the Laws of this Province and for granting to his Majesty, for defraying the Expence thereof, a duty on Wine, Rum and distilled Liquors and Rice imported into this Province.

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

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

Ordered, that the same do pass and be sent to the Council.

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

Mr. Starkey moved for leave to bring in the following Bills, to wit

A Bill to revise a clause in an Act of the General Assembly of this Province, intituled, an Act to fix a place for the seat of Government, and for keeping public Offices; for appointing Circuit Courts, and defraying the expence thereof, and also for establishing the Courts of Justice, and regulating the proceedings therein.

A Bill, for altering, explaining and continuing an act, entituled an act, for the better regulating the Militia of this Government.

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And the Bill for an additional act to an act intituled an act to provide indifferent Jurymen, in all causes, both Civil and Criminal, and for an Allowance for their attendance.

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

Mr. Starkey brought in the above Bills which he read in his place.

Ordered, that the same do pass and be sent to the Council.

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

Mr. Swann moved for leave to bring in a Bill, to appoint a Public Treasurer in the room of the Honourable Edward Moseley Esqre deceased.

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

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

Ordered, that the same do pass, and be sent to the Council.

Sent the above Bill to the Council, by Mr. Swann and Mr. Starkey.

And then the House adjourned till To-morrow morning Nine o'clock.


Thursday. October 12. 1749. The House met according to adjournment.

Received the following message from his Excellency the Governor

Mr. Speaker and Gentlemen

I herewith send you an Instruction I have lately received from his Majesty wherein you will see I am ordered to recommend to the Assembly, to make speedy Provision in such manner as you shall think fit for the defraying the charge of surveying certain Lands, granted by his Majesty to the Palatines of this part of the Province: I hope Gentlemen you will consider of this affair and make such provision as will be agreeable to his Majesty's gracious Intention signified therein.

GABRIEL JOHNSTON.

Council Chamber. October 11. 1749.

Read the Bill, to put in force, in this Province, the several statutes of the Kingdom of England or South-Britain &c: the second time, and passed with Amendments.

Ordered that the same do pass and be sent to the Council.

Sent the above Bills to the Council, by Mr. Marsden and Mr. Clark.

Read the Bill for erecting the Upper part of New-Hanover County into a County and Parish &c: the second time and passed with Amendments.

Ordered, that the same be sent to the Council.

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Sent the above Bill to the Council by Mr. Sampson and Mr. McLewean.

Read the Bill, for the relief of the Poor &c: the second time, with amendments.

And the Bill to enable the Justices of the several Counties to provide certain Law Books, for the use of their Counties, the second time.

Ordered, that the said Bills do pass, and be sent to the Council.

Sent the said Bills to the Council, by Mr. Starkey and Mr. Haywood.

Received the following Bills from the Council viz: The Bill, to confirm the several acts of Assembly of this Province therein mentioned as revised by the Commissioners appointed to revise the same: And the Bill, for an additional act to an act, intituled an act, to provide indifferent Jurymen in all causes, both civil and criminal, and for an allowance for their attendance: And the Bill for altering, explaining and continuing the act, for the better regulating the Militia of this Government, and the Bill to revise a clause in an act of the General Assembly, intituled, an act to fix a place for the seat of Government &c: And the Bill to appoint a Public Treasurer &c: Endorsed Oct: 12, 1749. In the Upper House read the first time and passed.

By order.

R. LOVET Clerk.

Sent the following message to his Excellency the Governor:

May it please your Excellency

We received your Excellency's message this day, wherein you recommend to us to make speedy provision for defraying the expence of laying out the Lands for the Palatines in his Majesty's Royal Instruction to your Excellency mentioned, the which you were pleased, at the same time to lay before us: As it is an affair that will require some time for consideration and we having been a long time already from our homes, we therefore hope your Excellency will keep us no longer than while we can go through with the Laws, now under our consideration, for the expediting the printing the Body of the Laws of this Province a work of great consequence to the Public; we must therefore beg leave to postpone the consideration of the said Instruction, and your Excellency's message thereto till the next Session of Assembly.

By order.
S. SWANN. Speaker.

Received from the Council the Bill, to put in force in this Province the several Statutes of the Kingdom of England or South-Britain &c: Endorsed. Oct: 12. 1749. In the Upper House read the second time and passed with Amendments.

By order.

R. LOVET. Clerk.

The House adjourned till Three o'clock in the afternoon.

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P. M. The House according to adjournment.

Read the second time, the Bill to confirm the several acts of Assembly of this Province therein mentioned, and passed with Amendments.

Ordered, that the same be sent to the Council

Sent the said Bill to the Council.

Received from the Council the following Bills viz: The Bill to divide the Upper part of New-Hanover County into a County and Parish &c: And the Bill to enable the Justices of the several Counties to provide certain Law Books &c: Endorsed Oct: 12. 1749. In the Upper House, read the second time and rejected By order.

R. LOVETT. Clerk.

And the Bill for the releif of the Poor, and to restrain Vagrants. Endorsed. Oct: 12. 1749. In the Upper House read the second time and rejected. Nem: Con: By order.

R. LOVETT. Clerk.

Read the second time the Bill, to confirm the several acts of Assembly of this Province therein particularly mentioned, which passed with Amendments.

Ordered, that the same be sent to the Council.

Read the second time the Bill for an additional act, to an act, entituled An Act to provide indifferent Jurymen in all causes both civil and criminal, &c: which passed.

Ordered that the same be sent to the Council.

Read the second time the Bill to revise a clause in an act, intituled an act to fix a place for the seat of Government &c: which passed.

Ordered that the same be sent to the Council.

Read the second time the Bill, for altering, explaining, and continuing an act intituled an act for the better regulating the Militia of this Government; which passed.

Ordered that the same be sent to the Council.

Read the second time the Bill, to appoint a public Treasurer, in the room of the Honourable Edward Moseley, deceased, which passed.

Ordered, that the same be sent to the Council.

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

And then the House adjourned till Tomorrow morning 9 o'clock.

Friday. October 13. 1749. The House met according to adjournment. Read the third time the Bill to put in force in this Province the several statutes of the Kingdom of England or South-Britain &c: which passed.

Ordered that the same be sent to the Council.

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Sent the said Bill to the Council, by Mr. Swann and Mr. Starkey.

Received the following Bills from the Council viz: the Bill to confirm the several acts of Assembly of this Province therein mentioned: the Bill to revive a clause in an act of the General Assembly intituled; an act to fix a place for the seat of Government &c: The Bill to appoint a public Treasurer, in the room of the Honourable Edward Moseley Esqre deceased: The Bill for altering, explaining and continuing an act intituled an act for the better regulating the Militia of this Government. Endorsed Oct. 13. 1749. In the Upper House read the second time and passed.

By order.

R. LOVETT. Clerk.

And the Bill, for an additional act to an act, intituled, an act to provide indifferent Jurymen in all causes both Civil & Criminal &c: Endorsed Oct: 13. 1749. In the Upper House read the second time and passed with amendments.

By order.

R. LOVETT, Clk.

The House adjourned till Three o'clock in the afternoon.

P. M. The House met according to adjournment.

Read the third time, the Bill, for altering, explaining and continuing an act, intituled an act, for the better regulating the Militia of this Government, which passed.

Ordered that the same be sent to the Council.

Read the third time the Bill, to revive a clause in an act, intituled an act to fix a place for the seat of Government &c: which passed.

Ordered that the same be sent to the Council.

Read the third time, the Bill, to appoint a Public Treasurer in the room of the Honourable Edward Moseley Esqre deceased, which passed.

Ordered, that the same be sent to the Council.

Read the third time, the Bill, for an additional act to an act, intituled an act to provide indifferent Jurymen in all causes both civil and criminal &c: which passed.

Ordered, that the same be sent to the Council.

Sent the above said four Bills to the Council, by Mr. Sampson and Mr. Haywood.

Mr. John Swann informed the House that there was a mistake in the sum given him out of the Public Chest, by this Assembly last session, to pay the expence of the Expedition of the Invasion of the Spaniards at Cape Fear, of Ninety Pounds Proclamation Money, over and above the sum ordered to be paid to the several persons on the said Expedition: which said sum is now paid by the said John Swann into this House, and lodged in the hands of the Commissioners for Stamping and Emitting

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the sum of Twenty one Thousand Three Hundred and Fifty Pounds Proclamation money and by them ordered to be deposited in the Chest with other Public Monies.

And then the House adjourned till To-morrow morning Nine o'clock.


Saturday, October 14. 1749. The House met according to adjournment.

Read the third time the Bill, to confirm the several acts of Assembly of this Province therein mentioned, and passed with amendments.

Ordered, that the same be sent to the Council.

Sent the said Bill to the Council.

Received the following Bills from the Council viz: The Bill to revive a Clause in an act of the General Assembly, intituled, an act to fix a place for the seat of Government &c: The Bill, for an additional act to an act, intituled an act to provide indifferent Jurymen in all causes, both civil and criminal, and for an allowance for their attendance: the Bill for altering, explaining, and continuing an act; intituled, an act, for the better regulating the Militia of this Government: the Bill to appoint a Public Treasurer, in the room of the Honourable Edward Moseley Esqre deceased. Endorsed Oct: 14th 1749. In the Upper House, read the third time, and passed.

Ordered, that the same be sent down and engrossed.

By order

R. LOVETT, Clerk.

And then the House adjourned till Tomorrow morning Nine o'clock.


Monday October 16th 1749. The House met according to adjournment.

Sent the following message to the Council viz.

Gentlemen of his Majesties Honourable Council,

We have appointed Mr. Starkey and Mr. Dawson a Committee of this House to examine and compare the Laws passed your Board and the General Assembly this Session, which are engrossed, in conjunction with such of your Board as your Honours shall think fit.

By order.
S. SWANN, Speaker.

The House adjourned 'till Two o'clock in the afternoon.

P. M. The House met according to adjournment.

His Excellency the Governor sent a message to this House commanding their immediate attendance with what Bills were ingrossed.

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The House in a full Body waited on his Excellency the Governor in the Council Chamber, and presented him the following Bills, for his assent viz:

The Bill to put in force in this Province, the several statutes of the Kingdom of England or South-Britain, therein particularly mentioned.

The Bill, to appoint a Public Treasurer, in the room of the Honourable Edward Moseley Esqre deceased.

The Bill, for altering, explaining and continuing an act, intituled an act, for the better regulating the Militia of this Government. The Bill for an additional act to an act, intituled an act, to provide indifferent Jurymen in all causes, both civil and criminal, and for an allowance for their attendance.

The Bill, to revive a clause in an act of the General Assembly of this Province, intituled an act to fix a place for the seat of Government, and for keeping public offices; for appointing Circuit Courts, and defraying the expence thereof, and also for establishing the Courts of Justice, and regulating the proceedings therein. To all which his Excellency was pleased to assent.

The House returned.

And then the House adjourned till To-morrow morning Nine o'clock.


Tuesday October 17th 1749. The House met according to adjournment.

The Committee of correspondence having laid before this House the several Letters and other papers received by them from James Abercombie Esqre the Agent for this Province in London, for the consideration of the House, and their further direction; whereupon after the said letters and papers were maturely considered by the House they came to the following resolutions viz:

Resolved, that the said James Abercombie Esqre have the thanks of this House for his services at the several Boards in England and his frequent advices concerning the affairs of this Province.

Resolved, that the said Committee of Correspondence, or the Majority of them, instruct the said Agent diligently to watch all attempts made for the repeal of any of the Laws of this Province and that he use his utmost endeavours, to prevent the same, and get a confirmation, by his Royal Majesty, of the act intituled an act for the better ascertaining the number of members to be chosen for the several Counties within this Province to sit in General Assembly, and for establishing a more equal Representative of all his Majesties subjects in the House of Burgesses: and the act, intituled an act, to fix a place for the seat of Government

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and for keeping Public Offices; for appointing Circuit Courts and defraying the Expence thereof, and also for establishing the Courts of Justice, and regulating the proceedings therein: and the 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: and also, an act for an additional act, intituled an act for forming a Rent-Roll to his Majesty of all the Lands holden in this Province for quieting the Inhabitants in their possessions, and for directing the payment of Quit-Rents: and that if in getting the said Laws confirmed, the said Agent shall be at any extraordinary Pains in his application for that purpose, this House, on notice thereof, will augment his Salary from this Province proportionably to such service.

Resolved, that the said Committee, or a majority of them, instruct the said Agent to appear, in behalf of this Province, and join his Endeavours with the Agents of other Provinces under his Majesties immediate Government, in respect of the paper Currency in case the Bill concerning the paper currency in America should be revived in Parliament.

Resolved, that this House will re-imburse the said Agent all the necessary charges and disbursements he shall or may be at, in negociating the affairs of this Province at the several Boards in England, exclusive of his salary.

Resolved, that the sum of Eighteen Pounds, Eighteen Shillings Sterling Money be paid to the said Agent, or his order, for his Disbursements from the first day of November 1747, to the first day of March 1748-9. at the several Boards in England, as appears, by his account transmitted here, to be due to him.

Resolved. That a sufficient sum be paid to the Committee of Correspondence, out of the Public Treasury, and shall be by them remitted to the said Agent by such ways and means as they shall judge most for the Public Interest, and may best enable them to answer to the said Agent his Disbursments due as aforesaid; And also the Remainder of his whole Salary now due, or becoming due, by the act, intituled an act to appoint an Agent to sollicit the affairs of this Province at the several Boards in England; and that this House will, at the next Session take under consideration the augmenting the salary of the said Agent.

Resolved, that the Committee, or the Majority of them, lay before this House, at their next Session, all such letters and other Papers as they shall then have received from the said Agent; and also Copies of all such Letters or other Papers as they shall have transmitted to them; and also accounts of the Money by them remitted to the said Agent.

By order.

S. SWANN. Speaker.
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Ordered, that the said Resolves be sent to the Council.

Sent the same to the Council, by Mr. Lovick and Mr. Bell.

Received the said Resolves from the Council. Endorsed. Concurred with.

E. ALLEN. Chairman.

Mr. Starkey one of the Commissioners appointed by the Act for stamping and emitting the sum of Twenty one Thousand Three Hundred, and Fifty Pounds Public Bills of Credit of this Province at the rate of Proclamation Money &c: acquainted this House that the said Commissioners had exchanged the sum of seven Thousand Five Hundred and Ninety Eight Pounds Six Shillings of the old Money, which he produced to the House, and moved, that the said old Money might be burnt, at four o'clock this Evening, in presence of the Members of the Council and General Assembly.

Resolved, that the said sum of Seven Thousand Five Hundred and Ninety Eight Pounds Six Shillings, old money, be burnt, in presence of the Members of the Council and General Assembly; and that a Message be sent to the Council to be present at the burning the same.

Sent the following message to the Council, by Mr. Sampson and Mr. Clark. viz:

Gentlemen of his Majesty's Honourable Council

The Commissioners for exchanging the Old Bills of Credit for those of the New Emission, having produced to this House the sum of Seven Thousand Five Hundred and Ninety Eight Pounds Six Shillings of the Old Currency, by them exchanged, this House have resolved, that the same be burnt, at four o'clock this evening in the Public Street, in the presence of the Members of his Majesty's Honourable Council and General Assembly, and desire your Honours will be present at the same.

By order.
S. SWANN. Speaker.

Received the following message from the Council. viz:

Mr Speaker and Gentlemen

This House concur with your Message just now by Mr. Sampson and Mr. Clark relating to the burning the Bills, and will attend at the time accordingly. By order of the Upper House.

R. LOVETT. Clerk.

Read the third time, the Bill, to confirm the several acts of Assembly of this Province therein particularly mentioned; which passed.

Ordered, that the same be sent to the Council.

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Sent the above Bill to the Council, by Mr. Sampson and Mr. Haywood.

On Motion of Mr. Marsden, one of the Commissioners for the public Buildings at Wilmington

Resolved that the sum of Nine Pounds Ten Shillings be taken out of the sum of Two Hundred and Three Pounds Eleven Shillings and Eleven Pence lodged in the Public Chest last Session by Coll: Moseley, late Treasurer as part of the Tax for the Public Buildings, and paid to the said Marsden to be by him applied to the payment of the Workmen that have finished the Goal at Wilmington, it being the amount of the last year's Tax for Public Buildings, collected from the County of Onslow.

Read the Petition of James Davis, Printer, praying that half a years Salary may be advanced him at the end of this Session of Assembly, and that for the future he may receive his Salary by half yearly payments &c: which being maturely considered, the House came to the following resolution, viz:

Resolved, that the said James Davis be paid, by the Commissioners for stamping and emitting the sum of Twenty one Thousand Three Hundred and Fifty pounds public Bills of Credit, at the rate of Proclamation Money &c: out of the Public Treasury by a Warrant from his Excellency the Governor to be directed to the said Commissioners, the sum of Eighty Pounds, Proclamation Money being half a years Salary that will be due to the said James Davis the Twenty fifth day of December next: that the said sum be re-placed in the said Treasury out of the Tax arising by virtue of the act intituled, an act, for appointing Commissioners to revive and print the Laws of this Province, and for granting to his Majesty, for defraying the charge thereof, a Duty on Wine, Rum and Distilled Liquors, and Rice imported into this Province; and the Act, to alter and amend an act intituled, an act, for appointing Commissioners to revise and print the laws of this Province, and for granting to his Majesty for defraying the charge thereof a Duty on Wine, Rum, and distilled Liquors and Rice imported into this Province.

Mr. Starkey moved, that Mr. Samuel Swann should be paid the sum of One Hundred Pounds, Proclamation Money, out of the Money arising by the Act, intituled, an act for appointing Commissioners to revise and print the Laws of this Province &c: for revising the said Laws; and that he be also paid the further sum of one Hundred and Thirty Pounds, Proclamation Money, out of the Public Treasury, to enable him to print the said Laws, and such others as have passed since the said Revisal.

Resolved that the sum of one Hundred Pounds, Proclamation Money, be paid to the said Samuel Swann out of the Monies arising by virtue

-------------------- page 1024 --------------------
of the said act, by a Warrant from his Excellency the Governor, for that purpose, for his revising the said Laws and that the further sum of One Hundred Pounds Proclamation Money, be paid to the said Samuel Swann, out of the Public Treasury, by a Warrant from his said Excellency the Governor, the better to enable the said Samuel to print the said Laws, and that the remaining or further sum of Thirty Pounds be paid to the said Samuel out of the Public Treasury, when he shall have printed the said Laws.

Resolved that the Rev: Mr. John Lappiere be paid, out of the Public Treasury, the sum of Four pounds Proclamation Money, for his several sermons preached Before the General Assembly this Session.

And then the House adjourned till To-morrow morning 9 o'clock.


Wednesday. October 18th 1749. The House met according to adjournment.

Received from the Council the Bill, to confirm the several Acts of Assembly of this Province therein mentioned &c:

Ordered, that the same be engrossed.

R. LOVETT. Clerk.

Mr. Lovick, from the Committee of Claims, reported, that the Committee had examined and allowed several claims, and produced the same to the House.

Ordered that the same be read. Read the said report, and the House concurred therewith.

Sent the same to the Council for their concurrence.

Resolved, that this House address his Excellency the Governor, that he will be pleased to give orders to the several Officers, to have all the Records lodged in their respective Offices brought to Newbern agreeable to the Law of this Province, directing, that the several Offices shall be kept at Newbern, and further that he will be pleased to give possitive orders to his Majesty's Attorney General, to put in suit Sherifs Bonds and Bonds entered into by persons employed in the Receipt of the Public Monies of this Province and also to prosecute all persons concerned in the receipt of Money, on the Penalty for the Breach of the said Acts, or any of them.

Ordered. That the Resolves of yesterday be sent to the Council.

Sent the same by Mr. Lovick and Mr. Bell.

Received the said resolves from the Council. Endorsed, concurred with,

E. ALLEN. Chairman.

Sent the following message to his Excellency the Governor. viz.

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May it please your Excellency,

This House desires you would be pleased to give strict Orders to the several Officers of this Province, that they have all the Records, lodged in and belonging to their several Offices, brought to Newbern, and there deposited agreeable to Law; and further that you would be pleased to give strict orders to his Majesty's Attorney General to put in suit all Bonds entered into by Persons employed in the Receipt of the Public Monies of this Province, who have not accounted for and paid the several sums by them received for the use of the Public; and also to prosecute all Persons concerned in the Receipt of the said Money on the Penalties for the Breach of any the several Acts of Assembly of this Province, directing the collecting receiving, and paying the said Money.

By order.
S. SWANN. Speaker.

Received from the Council the Reports of the Committee of Claims: Endorsed, concurred with.

E. ALLEN. Chairman.

Resolved. That the several Claims allowed this Session of Assembly agreeable to the Report thereof concurred with by his Majesty's Honourable Council of this House; and also the Allowances due to his Majesty's Honourable Council, the Members of this House and the Clerks, and all other Officers of the said Assembly, be paid out of the Public Treasury.

By order.

S. SWANN. Speaker.

Sent the above resolve to the Council, for their Concurrence.

Received the above resolve from the Council; Endorsed. Concurred with.

E. ALLEN. Chairman.

The House adjourned till Two o'clock in the afternoon.

P. M. The House met according to Adjournment.

John Ives of Craven County, produced a Certificate from Craven Court, thereby certifying, that that the said John Ives is incapable of mustering, working on the public roads, and paying Taxes.

Ordered. That he be exempt from mustering, working on the Roads, and paying Taxes.

William War, of Northampton County, produced a certificate from Northampton County Court, thereby certifying that he is incapable of doing public Duties and paying Public Taxes.

Ordered That he be exempt from mustering, working on the roads and paying Taxes.

Ezekiel Fuller, of Northampton County produced a certificate from Northampton County Court, thereby certifying, that he is incapable of doing Public Duties, and paying public Taxes.

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Ordered. That he be exempt from doing public Duties, and paying public Taxes.

William Hines, of Northampton County, produced a certificate from Northampton County Court, thereby certifying, that Joseph Kelly is incapable of doing Public Duties, and paying public Taxes.

Ordered. That he be exempt from doing Public Duties, and paying Public Taxes.

George Stringer, of Craven County, produced a certificate from Craven County Court, thereby certifying, that he is incapable of working on the Roads, and doing public Duties; and that John Stringer, his son, is also incapable of doing Public Duties and paying public Taxes.

Ordered. That they be exempt accordingly.

His Excellency the Governor sent a Message to the House commanding their immediate Attendance in the Council Chamber with what Bills were engrossed.

The House, in a full Body, waited on his Excellency the Governor in the Council Chamber, when Mr. Speaker presented, for his assent, the following Bill. viz:

The Bill to confirm the several acts of Assembly of this Province therein mentioned, as revised by the Commissioners appointed by an Act of the General Assembly of this Province, intituled an act for appointing Commissioners to revise and print the Laws of this Province, and for granting to his Majesty for defraying the Expence thereof a duty on Wine, rum and distilled Liquors, and Rice imported.

To which his Excellency was pleased to assent: and then made the following speech.

Gentlemen of His Majesty's Council, Mr. Speaker and Gentlemen of the House of Burgesses.

It is with great satisfaction that I now congratulate you on finding the revisal of your Laws in order to their being printed; A Work earnestly desired by, and zealously struggled for, by every honest man, for these fifteen by past; but never could be got accomplished till now by reason of the violent opposition and low Intrigues of a restless sett of Men, in will always find their account in keeping the Country in ignorance and confusion.

It is from this happy period you may date your having any Laws at all, for when Laws are not duly promulgated when the Copies of them are hard to come at and abound with errors and mistakes of different Transcribers; such a situation is really, and in effect very little different from being intirely without Laws.

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It must be a vast pleasure to you Gentlemen, when you reflect that Providence has made you instruments of doing so much good to your fellow subjects, your Country and Posterity, and I hope that what you have done (thō it is a great deal more than could have reasonably been expected in so short a time) is only an earnest, and small beginning of what the Publick may expect from your future endeavours.

There are many things essential to the happiness and prosperity of Society still wanting among us; I shall only point out of them two at present: The first is the want of a sufficient Provision for maintaining the public service and worship of Almighty God, in which we are most shamefully and beyond all other Provinces in his Majestie's Dominions deficient. And next to that a provision for the farther security of the Estates and Properties of Widows and Orphans. By the first of these you give a proof of that reverence and regard to the Supreme Governor of the Universe so justly due to him from all his rational Creatures, and without whose aid and blessing, all your other endeavours will prove to little purpose, by the second, you will have an opportunity of shewing a becoming Pity and compassion on the most feeble and helpless, and upon that account, I am afraid frequently the most injured and oppressed part of the human Species.

After so hard and laborious a Session I do not propose these matters to your immediate consideration, but I heartily wish you would consult your Constituents on these Points and come prepared to enter upon them at your next meeting. I shall detain you no longer Gentlemen, only wish you a happy return to your Families and Plantations.

GABRIEL JOHNSTON.

And then his Excellency was pleased to prorouge this Assembly to the fourth Tuesday in March next, to be then held at Newbern.

Mr. Speaker with the House returned, and pronounced the Prorogation accordingly.