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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
March 31, 1752 - April 15, 1752
Volume 04, Pages 1317-1329

[B. P. R. O. North Carolina. B T. Vol. 26.]
LEGISLATIVE JOURNALS.

At a General Assembly begun and held at Newbern The Twelfth 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 Thirty first day of March in The Twenty fifth year, of the said Majesties Reign in The year of our Lord one Thousand Seven hundred and fifty Two and from Thence prorogued to Thursday The Second day of April following: to be held at Bath Town.

Present
The Honourable Mathew Rowan Esqr Member
The Honourable James Innes Esqr Member
The Honourable James Murray Esqr Member
The Honourable Francis Corbin Esqr Member
The Honourable James Hasell Esqr Member
The Honourable John Swann Esqr Member

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 House, waited upon his Excellency, in the Council Chamber, Then his Excellency opened The session of Assembly and made the following Speech in both Houses (vizt)

Gentlemen of His Majesties Council and Gentlemen of the House of Burgesses.

When I prorogued you to this Time and place, I never doubted but we should, before now have had an Account of The final Issue of Those

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important points which have been so long in dispute, before the boards at home I am indeed Satisfied in my own mind, That they are already determined, Tho' the Shipping not Ariving at the usual Time keep us in ignorance of the decision. but Notwithstanding This disapointment, I did not think it proper, That this Opportunity of making some further wholesome Laws and provision for the peace and happiness of This Province, Should be lost. The reformation of so many abuses and enormities which have so long prevailed among us must in The nature of Things be a work of Time and carried on gradually: and I am confident, from your past behaviour, you will not fail to make some progress in it on This Occasion; and as you are sensible, That This Session must, on many accounts, be a Short one, I hope your diligence and Assiduity will be the greater.

Gentlemen I recommend to you in particular to take The most effectual measures, for promoting religion, and Virtue and Suppressing vices and immoralty, which are come to such a dreadfull height in This Province I desire of you in a Special manner, to take into your consideration the barbarous and inhuman manner of boxing which so much prevails among the lower sort of people This practice is attended with circumstances of cruelty as is really shocking to human nature; and I have been informed of no less, than four person, who within these Two years, have come to a violent death by This atrocious Custom. I am afraid the laws now in being are defective in this Affair, and as you are The Guardians of duty by a particular law, to put a Stop to such bloody horrid quarrels.

Whereupon the honourable James Murray, James Hasell, and John Swann Esqrs Three of The Members of This board, were appointed a Committee to draw up an address to his Excellencys Speech.

Also James Innes and John Swann Esqrs were appointed to qualify the Members of the lower House.

Mr. John Ash and Mr. De Rosset Brought up the following message from The lower House (vizt)

Gentlemen of his Majesties Honourable Council.

We have appointed the following persons a Committee of the publick Accounts and Claimes (vizt)

Mr. De Rosset Mr. Kerney Mr. Ormond Mr Eaton and Mr. Bell on the publick accounts. And Mr. Starkey Mr. Dawson Mr. Sampson Mr. Coutauch Mr. Ash Mr. Sinclair and Mr. Hayward on the publick claimes in conjunction with Such Members of your House, as your Honors shall think fit.

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Whereupon the house, on reading the above message, and considering the same were pleased to appoint the following persons on the accounts and Claims

The honourable James Murray and Francis Corbin Esqrs on the Accounts and James Hasell, and John Swann Esqrs on the Claimes to join those of the lower house.

The House have thought fit to appoint Mr. William Stubbs Serjant at Arms and Andrew McDounaugh Door Keeper.

Then the House adjourned till tomorrow morning nine o'clock.


Friday April 3rd The House met according to adjournment
Present
Mathew Rowan Esqre Member
James Innes Esqre Member
James Murray Esqre Member
Francis Corbin Esqre Member
James Hasell Esqre Member
John Swann Esqre Member

John Swann Esqre one of the Committee appointed by this board to draw up an address to his Excellency's Speech, reported the same, which was agreed to, and ordered to be engrossed, which being done, the same was presented to his Excellency in the Council Chamber. To which Address his Excellency returned his thanks to the House.

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

The House met according to adjournment.

Present
The Honble Mathew Rowan Esqre Member
The Honble James Innes Esqre Member
The Honble James Murray Esqre Member
The Honble Francis Corbin Esqre Member
The Honble James Hasell Esqre Member
The Honble John Swann Esqre Member

And adjourned till to morrow morning nine o'clock


Saturday April 4th The House met according to adjournment.
Present
The Honble Mathew Rowan Esqre
The Honble John Rutherford Esqre
The Honble James Murray Esqre
The Honble Francis Corbin Esqre
The Honble James Innes Esqre
The Honble John Swann Esqre
The Honble James Hasell Esqre

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


North Carolina

To His Excellency &c

The humble address of his Majesties Council now met in General Assembly.

May it Please your Excellency

His Majesties faithfull subjects, the Members of Council for this

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Province beg leave to express our thanks for your Speech to both Houses at the opening of this Session

We are convinced that the great regard you have for his Majesties Service, and the prosperity of this Province, and your expection of seeing, before this, a final determination of the points in dispute before the board at home prompted your Excellency to call us together at this time; and tho' a decision of them so essential to the happiness of this Colony and so much wished for by every honest and disinterested man, hath not as yet been transmitted to us, we shall chearfully proceed to the redressing such Grievances, by passing such Bills as may anywise conduce to the publick good.

And we assure you Excellency we shall heartily concur with the other House in taking such measures which may promote the worship of Almighty God and discourage profaness and immorality.

Then the House adjourned till three o'clock in the afternoon.


Saturday April 4th The House met according to adjournment.
Present
The Honble Mathew Rowan Esqre
The Honble John Rutherford Esqre
The Honble James Murray Esqre
The Honble Francis Corbin Esqre
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble James Innes Esqre

Mr. Brice and Mr. De Rosset brought up the following Bills.

A Bill to open and clear the upper part of Black River and the North East branch of Cape Fear River in Duplin County

A Bill to amend and extend an Act to appoint Inspectors in New Hanover County, and for regulating the exports of Cape Fear

In the General Assembly read the first time and passed

Read the Bill for an Act to clear the upper part of Black River &c in this House and passed.

The Bill to amend and extend an act to appoint inspectors in this House read the first time and passed.

Mr. Sampson and Mr. Dawson brought up a Bill to encourage Caleb Granger to build a Bridge over Smiths Creek, near the place known by the name of Smiths Creek Ferry in New Hanover County. In the General Assembly read the first time and passed

The Bill for an Act to encourage The building a Bridge, over Smith's Creek. In this House read the first time and passed.

Then the House adjourned till Monday Morning Nine o'clock

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Monday April 6th The House met according to adjournment.
Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

And adjourned till 3 o'clock in the Afternoon.

Evening three o'clock. The House met according to adjournment.

Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

Mr. Coutauche and Mr. Macklewain Brought up a Bill to appoint, and apply £2000 Bills of Credit called and rated at Proclamation Money which is in The hands of Thomas Barker Gent Public Treasurer for the Northern District of this Province for erecting of Beacons, Setting up stakes, and Marks to make known, and point out the Several Shoals and Channels from Ocacock Inlet, over the Shoals to Bath Town, Newbern and Edenton &c In the General Assembly read The first time and passed Read The above Bill, and ordered that the same lye on the table for further Consideration tomorrow Morning.

Then the House adjourned till tomorrow morning Nine o'clock


Tuesday April 7th The House met according to adjournment.
Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

Mr. De Rosset and Mr. Brice Brought up a Bill to explain, and amend an act intituled an Act for impowering the several Commissioners herein after named to make, mend and repair all roads, Bridges, Cuts, and water Courses already laid out or hereafter to be laid out, in the Several Counties and Districts herein After Appointed in such manner as they Judge most useful to the publick. In the General Assembly read the first time and passed In this House read the first time and passed.

Mr. De Rosset and Mr. Dawson Brought up a Bill for the better establishing the Church for erecting of Schools, and for granting to his Majesty certain rates, and Duties for the Support of the Same. In the General Assembly read the first time and passed

Then the House adjourned till three o'clock in the afternoon

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The House met according to adjournment.

Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

Mr. Kerney and Mr. Houston Brought up a Bill to divide the Parish of Edgecomb In the General Assembly read the first time and passed In this House read the first time and passed.

Mr. Sampson and Mr. Ash Brought up the following Bills.

A Bill for dividing part of Granville, Johnston, and Bladen Counties into a County and Parish by the name of Orange County, and St Mathews Parish, and for appointing Vestry men for the said Parish, and other purposes therein mentioned In the General Assembly read the first time and passed.

The Bill to encourage Caleb Grainger to build a Bridge over Smiths Creek &c

The Bill to amend and extend an act to Appoint Inspectors &c

In the general Assembly read the Bills the second time, and passed with Amendments

The Bill for the establishment of the Church, and erecting Schools &c In this House read the first time and passed.

The Bill to Divide Granville Johnston and Bladen into a County, by the Name of Orange County &c In this House read the first time and passed with Amendments

The Bill to encourage Caleb Granger to build A Bridge over Smiths Creek &c In this House read the Second time, and passed with Amendments

Then the House adjourned till tomorrow morning Nine o'clock


Wednesday April 8th The House met according to adjournment
Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

Mr. Harris and Mr. Eaton Brought up the following Bills (vizt)

A Bill for appointing a Treasurer in the Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrel, Bertie, Edgecomb, Northampton, and Granville, and for continueing an Act, intituled an Act to appoint a publick Treasurer in the room of Eleazer Allen Esqre deceased.

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A Bill to amend an Act intituled an Act for regulating a Pilotage at Cape Fear River and to empower the Captain of Fort Johnston, at the mouth of the River to examine all vessels, entring the said River, concerning the health of their Crew on board the said Vessels. In the general Assembly read the first time and passed

The Bill for dividing part of Granville, Johnston and Bladen into a County and Parish by the name of Orange County and St Mathew's Parish In the General Assembly read the second time and passed with amendments

The Bill to amend and extend an Act, to appoint Inspectors Read a second time in the House, and passed with amendments

Then the House adjourned till five o'Clock this Evening

The House met according to adjournment.

Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes Esqr Member.

The Bill for appointing a Publick Treasurer for the Counties of Currituck & Pasqo &c In this House Read and passed

The Bill to amend an Act for Regulating the Pilotage at Cape Fear

In this House read said Bills the first time and passed

The Bill for dividing Granville Johnstone and Bladen into a County and Parish by the name of Orange County and St Mathew's Parish &c In this House read the second time and passed with Amendments.

Mr. Kerney and Mr. Haywood Brought up the Bill to encourage Caleb Grainger, to build a Bridge over Smiths Creek. In the general Assembly read the third time, and passed with Amendments. In this House read the third time, and passed. Ordered to be sent down and engrossed

Also the Bill to divide the Parish of Edgcomb In the General Assembly read the second time, and passed with Amendments In this House read, and Ordered to lye upon the table.

Then the House adjourned 'till to morrow morning nine o'clock


Thursday April 9th The House met according to adjournment.
Present.
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

Mr. Brice and Mr. Harris Brought up the two following Bills (vizt)

The Bill to amend and extend an Act, to appoint Inspectors &c In the General Assembly read a third time, and passed with Amendments.

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In this House read the third time and passed Ordered that the same be sent down and engrossed.

The Bill to divide Granville, Johnstone, and Bladen into a County, and Parish &c In the General Assembly read the third time, and passed. In this House read the third time, and past.

Ordered that the same be sent down & engrossed

Mr. Coutauche & Mr. Harris Brought up the following Bills (Vizt)

The Bill for appointing a Treasurer for the Counties of Currituck and Pasquotank &c In the General Assembly read the second time and passed. In this House read the second time, and past, with Amendments.

The Bill to amend and explain the Road act &c. In the General Assembly read the second time and past with Amendments. In this House read the second Time and passed.

Also a Bill to facilitate the Navigation of Port Bath, Port Roanoke and Port Beaufort In the General Assembly read the first time and passed In this House read the first time and passed.

Then the House Adjourned till tomorrow morning nine o'clock


Friday April 10th The House met according to adjournment
Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

Mr. Ash and Mr. Houston Brought the following message (vizt)

Gentlemen of his Majesties Honourable Council.

The Chairman of the Committee of publick Accounts having reported to this House that he has received the sums of £1090.17.6 Proclamation money arising by the tax for sinking the Currency of this Province. And there is exchanged this Session the sum of £8086.156. old Bills of Credit, which by Law are to be burned,

Therefore this House have appointed a Committee of the Whole House in conjunction with such of Your Honours as you shall think fit, to see the same burned at the House [of] Peter Caila near the Church.

The House on reading the above Message and Considering the same thought fit to send the following message (vizt)

Mr. Speaker and Gentlemen.

In answer to your message for Burning the sum of £1090 17s 6d Proclamation money arising by the Tax for sinking the Currency of

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this Province &c. This House have resolved themselves into a Committee of the whole House to Join yours, and will accordingly attend.

Whereupon a Committee of the whole House proceeded to the House of Peter Caila, to meet the lower House, and met in conjunction of both Houses, and saw the Bills burnt and returned to the House again.

Mr. Coutauche and Mr. Bell Brought up their Navigation Bill &c In the General Assembly read the second time and passed In this House read the second time and passed.

Then the House adjourned till tomorrow morning Nine o'clock.


Saturday April 11th The House met according to Adjournment.
Present.
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

Mr. Harris and Mr. Haywood Brought up the Bill for facilitating the Navigation, &c. In the General Assembly read the third time and passed with Amendments. In this House read the third time and past Ordered the same to be sent down and engrossed

The Bill for appointing a Publick Treasurer &c In the General Assembly read the third time and passed.

The Bill to Amend and explain the Road Act, &c In the General Assembly read the third time and passed In this House read the third time and passed Ordered to be sent down and engrossed.

Also a Bill for appointing and laying out a Town at Blackman's Landing on the West side of Cashey River at a Plantation belonging to Joseph Wimberly. In the General Assembly read the first time and passed. In this House read the first time and passed.

Mr. De Rosset and Mr. Houston Brought up a Bill for licencing Traders, Pedlars and Petty Chapmen; and Granting to his Majesty a Duty on Goods, Wares and Merchandize, to raise supplies for defraying the necessary Charges of Government In the General Assembly read the first time, and passed In this House read and passed.

The Bill to amend an Act for regulating the Pilotage at Cape Fear &c. In the General Assembly read the second time, and passed

Mr. Dawson and Mr. Eaton Brought up the Bill for appointing and laying out a Town at Blackman's Landg &c In the General Assembly read the second time and passed.

Then the House adjourned till Monday morning nine o'clock.

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Monday April 13th 1752. The House met according to adjournment.
Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Innes Esqr Member.
The Honble John Swann Esqr Member.

The Bill for regulating the Pilotage of Cape Feare &c being read on Saturday, and the House upon considering and debating the same, Ordered to lye upon the Table until Monday Morning, was this day put to the House the second time, past and sent down.

The Bill for appointing and laying out a Town at Blackmans Landing &c. In the Upper House read the second time and passed.

Then the House Adjourned till three o'clock in the afternoon

The House met according to adjournment.

Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Innes Esqr Member.
The Honble John Swann Esqr Member.

Mr. Ash and Mr. Bell Brought up the following Bills (vizt)

The Bill to amend and regulate the Pilotage &c.

The Bill to appoint and lay out a Town on Blackmans Landing &c.

In the General Assembly read the third time and passed In this House read the third time and passed Ordered to be sent down and engrossed.

Also a Bill for granting to his Majesty a Duty on Goods and Wares &c and for defraying the necessary charges of Goverument &c In the General Assembly read the second time, and passed with Amendments

Mr. Coutauche & Mr. Barrow Brought up the reports of the Committee of Accounts and Claimes, Concurred with by the lower House; together with the following (vizt)

Gentlemen of his Majesties Honourable Council.

We herewith send you the reports of the Committee of Claims with some allowance added therein by this House and desire your Honours Concurrence.

The Bill for granting to his Majesty a Duty on Goods and Wares &c and for defraying the necessary Charges of Government. In this House read the second time, and passed with Amendments.

Mr. Harris and Mr. Howell Brought up the following Message (vizt)

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Gentlemen of his Majesties Honourable Council.

The Treasurer of the Southern District hath informed this House that he has in his hands £60 17s Proclamation Money which was received for Powder Money and remains unapplied.

Therefore have resolved that the said Treasurer out of said £60 17s pay the expences of the Committees and the Offices of both Houses, and that the remainder with what Powder Money he may receive from the former receivers of said Money of Port Bath, and Port Beaufort be applied towards discharging the Claimes allowed by former Assemblies. And desire your Honours Concurrence.

SAMUEL SWANN Speaker.

Then the House Adjourned till tomorrow morning nine o'clock


Tuesday April 14th The House met according to Adjournment
Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Innes Esqr Member.
The Honble John Swann Esqr Member.

Then the House thought fit to send the following message

Mr. Speaker and Gentlemen

This House has taken into Consideration a claim of £7 17s 6d Proclama Money allowed by the Committee of Claims in September 1749 to the Honourable Jas Murray Esqre a Member of this House for travelling to Edenton in Order to attend at a session of Assembly there held in November 1743 which Claim was disallowed by your House by reason Mr. Murray did not appear until the Assembly was prorogued, but he having now produced a proper Certificate of his having been in a bad state of Health at that time. And as he appeared on the very day the Assembly was prorogued, and was never absent from any other Session of Assembly, when he was in this Province We are of Opinion the said Claim ought to be allowed with which we desire your Concurrance.

Then the House adjourned till three oclock in the afternoon

Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Innes Esqr Member.
The Honble John Swann Esqr Member.

Mr. De Rosset and Mr. Housten Brought up the Bill for granting to his Majesty a Duty on Goods and Wares &c and for defrying the Charges of Government &c. In the Lower House read the third time

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and passed with amendments In the upper House read the third time and passed. Ordered that the same be sent down & engrossed And sent down with the following message (vizt)

Mr. Speaker and Gentlemen

This House having examined the reports of the Committee of Claimes and Committee of Accounts has concurred with your Amendments and desire the duplicates of the said reports may be sent up. Which message together with the reports of Claims & Accounts was sent down concurred with by this House.

Mr. Brice and Mr. Calf Brought up the following message, (vizt)

Gentlemen of his Majesties Honourable Council

We are sorrey we can't concurr with your Message of this Morning relateing to the claim which was allowed by a former committee of Claims to the Honble James Murray Esqr and then not approved of but disallowed by this House on their examining the said report. As we dont find any President or a Member of either House having been allowed any claim in the like case, And have no reason to apprehend we ought now to make a Precedent in this of the Honourable James Murray Esqre especially as the said claim hath been already disallowed by this House on their examining the aforesaid report, and with which report after the said Claim was marked disallowed by this House Your Honours concurred

By Order
SAM SWANN Speaker

Then the House adjourned till tomorrow morning nine o'clock


Wednesday April 15th The House met according to adjournment.
Present
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Innes Esqr Member.
The Honble John Swann Esqr Member.

His Excellency the Governor came to this House and sent a Message to the lower House commanding their immediate attendance.

Whereupon, the Speaker attended by the lower House waited upon his Excellency the Governor in the Council Chamber; And Mr. Speaker presented to his Excellency the following Bills.

The Bill for licencing Pedlars Traders and Petty Chapmen

The Bill for facilitating the Navigation of Port Bath Port Roanoke and Port Beaufort.

The Bill to amend and extend an Act to appoint Inspectors

The Bill for appointing a Treasurer for the Counties of Currituck Pasquotank & Pequimons

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The Bill to amend and explain the Road Act &c.

The Bill for dividing part of Johnston Granville and Bladen Counties.

The Bill for appointing and laying out a Town at Blackmans Landing &c

The Bill to encourage Caleb Grainger to Build a Bridge over Smiths Creek in New Hanover County &c.

The Bill to amend an act for regulating the Pilotage of Cape Fear River &c

To all which Bills his Excellency was pleased to give his assent. And then prorogued the Assembly until the second Tuesday in October next to be then held at Newbern