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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
March 27, 1753 - April 12, 1753
Volume 05, Pages 53-77

North Carolina—ss.

In the Lower House, Wednesday March 28, 1753, to ye 12th April 1753.

Mr. John Barrow, one of the Members of this House for Beaufort County appeared, and took his seat in the House.

Mr. Joseph Bell, one of the Members for Carteret County appeared, and took his seat in the House.

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

Thursday, March 29, 1753. The House met according to Adjournment.

Mr. Francis Brice, one of the Members of this House, for Duplin County, and Mr. Caleb Howell, one of the Members for Anson County appeared, and took their seats.

The Clerk of the Crown having certified that Mr. Jeremiah Vail was returned, duly elected Representative for Newbern Town and Mr. Josiah Dickson, and Mr. Mark Morgan, were duly elected Representatives for Orange County, pursuant to the Writs for that purpose issued,

Pursuant to which Elections and Returns, Mr. Jeremiah Vail, the

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Representative for Newbern Town, and Mr. Josiah Dickson, one of the Representatives for Orange County appeared, took the Oaths by Law appointed for their Qualification, subscribed the Test, and took their Seats in the House accordingly.

His Honour the President sent a Message to this House, requiring the immediate Attendance thereof in the Council Chamber.

The House in a full Body waited on His Honour the President in the Council Chamber, where His Honour was pleased to Deliver the following Speech.

The House returned and ordered the same to be Read. Read the same.

Ordered, That the same be entered on the Journals of the House.

The same is entered, and is as follows, Vizt

Gentlemen of his Majestys Council, Mr. Speaker, and Gentlemen of the Assembly.

I have received a late Instruction from their Excellencies the Lords Justices, injoining a Revisal of our Laws; I will Order the Instruction and the other Papers transmitted with it, to be laid before you for your Consideration You are well acquainted, Gentlemen, with the Interest of this Province, and I am persuaded, from long experience, of your hearty Disposition to promote them; You may depend on my Concurrence in everything that is for the good of the Country, and consistant with His Majesty's Royal Instructions.

Mr. Ormond, Mr. Sinclare, and Mr. Starkey, are appointed a Committee, to prepare an Address in Answer to His Honour the President his Speech to this House, and report the same to the House for Approbation.

Mr. Ormond moved, That a Committee be appointed to state and settle the Publick Accompts of this Province; and Mr. Ormond, Mr. Vail, Mr. Kearney, Mr. Washington, and Mr. Ash, were accordingly appointed.

Mr. Ormond moved, That a Committee be appointed, to examine and allow Publick Claims, and Mr. Starkey, Mr. Lovick, Mr. Haywood, Mr. Sinclare, Mr. Barrow, Mr. Howell and Mr. Sampson, were accordingly appointed.

Ordered, The following Message be sent to His Majesty's honourable Council, Vizt

Gentlemen of His Majesty's Honourable Council.

“This House have appointed the following Gentlemen Committees on “the Publick Accompts and Claims, viz, Mr. Ormond, Mr. Vail, Mr.

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“Kearney, Mr. Washington, and Mr. Ash, on the Accompts; and Mr. “Starkey, Mr. Lovick, Mr. Haywood, Mr. Sinclare, Mr. Barrow, Mr. “Howell, and Mr. Sampson, on the Accompts, in Conjunction with such “Members of your House, as your Honours shall think fitt.

Sent by Mr. Brice and Mr. Kearney.

Mr. Starkey moved, That a Committee of Propositions and Grievances be appointed, and Mr. Washington, Mr. Dickson, Mr. Brice, Mr. Ash and Mr. Joseph Bell, are accordingly appointed.

The House adjourned till Four o'clock afternoon.

P. M. The House met according to Adjournment.

Mr. Ormond from the Committee appointed to prepare an Address to his Honour the President, in Answer to His Speech this day delivered to this House, reported, That the said Committee had prepared the same, which he produced to this House, and read the same in his place.

The House was pleased to approve of the same, and ordered it to be Engrossed.

The same is Engrossed, and is as follows, viz.

To the Honourable Mathew Rowan Esq: President and Commander in Chief, in and over the Province of North-Carolina.

The Humble Address of the General Assembly of the sd Province.

May it please your Honour,

We his Majesty's most dutiful and loyal Subjects, the General Assembly of this Province met at Newbern, beg leave to return your Honour our sincere and hearty thanks for your Speech yesterday Delivered, and assure your Honour, that as we have the good of this Province very much at Heart; we will readily join in everything that may tend to the Settlement and Happiness thereof, in which we doubt not of your Honours ready Concurrence and the thorough knowledge which your Honour has of the present state of this Government, join'd with your Management and Care for the good thereof, gives us the greatest reason to expect all the Assistance in your Power for that Salutary End.

We thank your Honour for the Confidence you repose in our Knowledge of the Provincial Interest, and of our ready Disposition to promote the Publick good; and from the Duty we owe to our King and Country, your Honour may Depend upon everything in our Power towards Establishing the same upon a solid and lasting Foundation; and so soon as your Honour shall be pleased to lay before us the Instruction concerning the Revisal of our Laws, and other Papers transmitted from their

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Excellencies the Lords Justices, this House will take the same under Immediate Consideration, and such other matters as may seem Necessary.

And as we are fully assured of your Honours ready Concurrence and Assistance therein, we shall use our utmost Endeavours to do everything consistant with our Duty to His Majesty, and the Welfare of this Colony.

Mr. Ormond moved, that the absent Members, to wit, Mr. John Smith and Mr. John Herring, for Johnston County; Mr. James Mackilwean, for Craven County; Mr. William Houston for Duplin County; Mr. Joseph Clark, and Mr. William Bartram, for Bladen County, Mr. Charles Robinson for Anson County; Mr. William Eaton and Mr. Robert Harris, for Granville County, be sent for in Custody of the Messenger.

Resolved, that the above said Members be sent for in Custody, and that Mr. Speaker issue his Warrant accordingly.

Mr. Dickson moved for leave to bring in a Bill for amending an Act, for dividing Part of Johnston, Granville, and Bladen Counties, into a County and Parish by the name of Orange County, and the Parish of St Matthew, and for appointing Vestrymen for the said Parish and other Purposes therein mentioned.

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

The House adjourned 'till to-morrow morning Nine O'clock.


Fryday, March 30th 1753. The House met according to adjournment.

Ordered, That Mr. Ormond and Mr. Ash wait on his Honour the President, and acquaint him this House is ready to wait on him with their Address, and desire his Honour to let them know when this House should wait on him. His Honour the President returned for Answer, that he would receive this House immediately in the Council Chamber.

The House in a full Body waited on his Honour the Presidt in the Council Chamber, where Mr. Speaker presented to him the foregoing Address; for which his Honour was pleased to return this House his Thanks.

His Honour the President laid before this House an Instruction from the Lords Justices, and other Papers signifying his Majesty's Pleasure, that the Council and General Assembly do forthwith consider and revise all and every the Laws, Statutes, and Ordinances, which are in force in this Province, excepting only such as relate to private property, or are only of a private Nature, and so forth.

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Mr. Ormond moved that the said Instruction and other Papers be read.

Read the same.

Mr. Ormond moved that a Committee be appointed to bring in a Bill, to appoint a Committee to revise the Laws of this Province agreable to his Majesty's Instruction signified by the Lords Justices, and was seconded by Mr. Sinclare.

Mr. Starkey opposed the said motion, and was seconded by Mr. Ash and gave for reason that the Laws, etc., of this Province, having been lately revised and sent home, and are before the Lords of Trade and Plantations, and it not appearing their Lordships have come to any Determination thereon, and also that the Arrival of a Governor being daily expected; therefore moved, that the Appointment of the said Committee be postponed. After several Debates for and against bringing in the said Bill, the question was put, and carried in the Negative.

Mr. Ormond moved for Leave to bring in a Bill to prevent excessive and deceitful gaming.

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

Mr. Ormond brought in the said bill, which he read in his Place.

Ordered, that the same Pass, and be sent to the Council.

Sent the said Bill to the Council, by Mr. Barrow & Mr. Dickson.

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen,

This House taking under their Consideration the Message of Yesterday, relative to the Appointment of the Committees of Publick Accompts and Claims, have thought fitt to Appoint the following Gentlemen, in conjunction with those of Yours, to wit, the Honourable James Hasell and James Innes Esqrs, on the Claims, and the Honourable Francis Corbin, James Craven and Lewis De Rossett Esqrs on the Publick Accompts.

The House adjourned till four o'clock Afternoon.

P. M. The House met according to Adjournment.

Mr. Dickson brought in a Bill for Amendment of an Act, intituled, An Act for dividing part of Granville Johnston and Bladen Counties, into a County and Parish, by the name of Orange County, and the Parish of St Matthew, and for appointing Vestrymen of the said Parish, and other Purposes therein mentioned, which he read in his Place.

Ordered that the same Pass, and be sent to the Council.

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Sent the said Bill to the Council, by Mr. Dickson & Mr. Washington.

Mr. Ormond moved that his Honour the President be addressed to direct the Clerk of the Crown to issue a Writ for electing a Member to represent the Town of Edenton, in the room and stead of the late sitting Member for that Town, to wit, Mr. James Craven, who is now appointed one of His Majesty's Honourable Council.

Mr. Starkey objected to the said Motion, and informed the House, that Mr. Stillwell was elected a Representative for the said Town, at the last general Election of Representatives for this Province, to sit and vote in this present General Assembly.

Ordered, that the Clerk of the Crown have notice, that he certify to this House the Person elected (and returned into his Office) to represent the said Town of Edenton.

Ordered, that the Clerk lay before this House the Journal thereof, of the first Session of this present General Assembly on Monday next.

Received from the Council the Bill to prevent excessive and deceitful Gaming. Endorsed, in the Upper House read the first time, and passed.

Mr. Joseph Clerk, one of the Members of Bladen County appeared and took his Seat.

Mr. Ormond moved that a Committee be appointed to bring in a Bill to appropriate the Sum of Four Thousand Pounds Proclamation Money, remaining in the Treasurers Hands not applied, for building Forts, etc. for re-stamping the present Currency, and giving Copper Halfpence a Currency here.

Ordered, that the following Persons, to wit, Mr. Ormond, Mr. Sinclare, and Mr. Ash, be appointed a Committee to prepare and bring in the said Bill, and they are accordingly appointed.

The House adjourn'd till to-morrow morning Nine o'Clock.


Saturday, March 31st, 1753. The House met according to Adjournment.

Mr. Charles Robinson, One of the Members for Anson County, appeared, and took his Seat.

Ordered that the Bill to prevent Excessive and deceitful Gaming, be read. Read the same a second time, and passed with Amendments. Ordered, That the same be sent to the Council.

Sent the same to the Council, by Mr. Dickson & Mr. Washington.

Mr. Ormond moved, for leave to absent himself from the Service of the House until Tuesday Night next. Ordered, That he have Leave accordingly.

The House adjourn'd till Monday morning Nine o'Clock.

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Monday, April 2nd 1753. The House met according to Adjournment.

Mr. Ash moved for leave to bring in a Bill to appoint a Town on the North East branch of Cape Fear River, in New Hanover County, at a place called the Sand Hill, and to appoint an Inspector, and other purposes therein mentioned. Ordered, That he have Leave, and that he prepare and bring in the same.

Mr. Ash brought in the abovesaid Bill which he read in his Place. Ordered that the same Pass, and be sent to the Council. Sent the above Bill to the Council.

Received from the Council, the Bill to amend an Act, intituled an Act for dividing part of Granville, Johnston, and Bladen Counties, into a County & Parish, &c. Endorsed, In the Upper House read the first Time and passed.

Mr. Starkey moved for leave to bring in a Bill to revive and continue 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 the Public Offices, for appointing Circuit Courts, and defraying the Expence thereof; and also for establishing the Courts of Justice, and regulating the Proceedings therein. Ordered that he have Leave, & that he preare & bring in the same.

Mr. Starkey brought in the abovesaid Bill which he read in his Place. Ordered that the same pass, and be sent to the Council.

Mr. Starkey moved for leave to bring in a Bill to relieve such persons that have, or may suffer by the loss of Records in Onslow County. Ordered that he have leave, and that he prepare and bring in the same.

Mr. Starkey brought in the abovesaid Bill which he read in his Place. Ordered that the same Pass and be sent to the Council.

Sent the above two Bills to the Council, by Mr. Ash & Mr. Dickson.

Mr. Robinson moved for leave to bring in a Bill, for appointing and laying out a Town on the land of John Jenkins, on the South side of Peedee River, in Anson County, and establishing two Fairs to be held annually, and for other purposes therein mentioned. Ordered, that he have leave, and that he prepare & bring in the same.

Mr. Robinson brought in the abovesaid Bill, which he read in his Place. Ordered that the same Pass, and be sent to the Council.

Sent the above Bill to the Council by Mr. Robinson and Mr. Howell.

Read the Petition of several Persons, whose Names are thereunto subscribed, in behalf of themselves, and the rest of the Inhabitants of the Upper and Frontier Parts of Anson County setting forth the great hardships they undergo in travelling great distances to the Court House of Anson County, Praying an Act may pass, to divide the said County of

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Anson, etc and signed with the Names of three hundred and forty Eight Persons.

Ordered that the Bill for an Amendment of an Act, intituled An Act for the Division of Part of Granville, Johnston, and Bladen Counties etc, be read the second Time. Read the said Bill the second time and amended. Ordered the same to be sent to the Council, with the said Amendments.

Sent the said Bill to the Council, by Mr. Dickson & Mr. Barrow.

Mr. Bartram one of the Members for Bladen County appeared, and took his Seat.

The House adjourned till to-morrow morning Nine o'Clock.


Tuesday, April 3rd 1753. The House met according to Adjournment.

Received from the Council, the Bill to revive and Continue a Clause in an Act intituled, An Act to fix a place for the seat of Government, and for keeping Publick Offices, etc.

The Bill to relieve such Persons as have or may suffer, by the loss of records in Onslow County.

The Bill for appointing and laying out a Town on the Land of John Jenkins, on the south side of Pee Dee River, in Anson County etc.

And the Bill to appoint a Town on the North East Branch of Cape Fear River in New Hanover County, etc.

Endorsed, In the Upper House read the first Time and passed.

Mr. Starkey moved for leave to bring in a Bill, to alter and amend an Act, intituled, An Act for licensing Pedlars, Traders and Petty Chapmen, and granting to his Majesty, an Impost or duty on Goods, Wares & Merchandize, to raise supplies for the necessary charges of Government.

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

Mr. Starkey brought in the abovesaid Bill which he read in his Place.

Ordered that the same Pass, and be sent to the Council.

Sent the same to the Council by Mr. Vail and Mr. Bartram.

Mr. Starkey moved for leave to bring in a Bill, directing the Examination and Admission of Persons hereafter to be admitted to plead and practise the Law in this Province.

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

Mr. Starkey brought in the said Bill which he read in his Place.

Ordered that the same Pass and be sent to the Council.

Sent the above Bill to the Council by Mr. Vail and Mr. Bartram.

Mr. Ash moved for leave to bring in a Bill for an Additional Act to an Act concerning Servants and Slaves.

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

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Mr. Ash brought in the above said Bill which he read in his Place.

Ordered that the same Pass and be sent to the Council.

Sent the above Bill to the Council by Mr. Vail & Mr. Bartram.

Mr. Haywood moved that the four Bills from the Council be read.

Ordered that they be read.

Read the Bill to appoint a Town on the North East Branch of Cape Fear River in New-Hanover County.

Read the Bill to relieve such Persons that have or may suffer from the loss of Records in Onslow County.

Read the Bill for appointing and laying out a Town on the land of John Jenkins, on the south side of Pee Dee River in Anson County.

Read the Bill to revive and continue a Clause in an Act intituled, An Act to fix a Place for the seat of Government and for keeping Publick Offices etc. Amended the aforegoing four Bills.

Ordered that the said four Bills pass, with the said Amendments, and be sent to the Council.

Sent the above four Bills to the Council, by Mr. Barrow & Mr. Washington.

Received from the Council the following Bills, Viz

The Bill directing the Examination and Admission of Persons hereafter to be admitted to Plead and Practise the Law in this Province. Endorsed. In the Upper House read the first Time and Passed.

And the Bill to prevent excessive & deceitful Gaming. Endorsed In the Upper House read the second time and passed with Amendments.

The House adjourn'd till 3 o'Clock Afternoon.

P. M. The House met according to Adjournment.

Mr. James Calf one of the Members for Hyde County appeared, and took his seat.

Pursuant to an Order of this House, of the 30th of March, the Clerk laid before this House the Journal of the first Session of this Present Assembly, whereby it appears, that Mr. Saml Still well was duely elected Member for Edenton to serve in this Present General Assembly, and the said Samuel refusing to qualify himself as a Member of this House for the said Town.

Mr. Haywood acquainted this House, that Mr. Francis Stringer, one of the Members for Craven County, since the last Session of Assembly died, and that Mr. Lewis De Rosset, late Member for Wilmington, is appointed one of his Majesty's Honourable Council and qualified accordingly.

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Resolved, that his Honour the President be addressed to direct the Clerk of the Crown to issue Writs for electing Members for the said Town and Counties, to serve in this present General Assembly.

Sent the following Message to his Honour the President, viz.

May it please your Honour.

Mr. Samuel Stillwell, having been elected a Member, to serve in this present General Assembly, for the Town of Edenton, and hath refused to qualify himself accordingly; Mr. Francis Stringer, late one of the Members of this House for Craven County, since the last session of Assembly, being dead; and Mr. Lewis De Rosset, late Member of this House for Wilmington, having been appointed and qualified as one of the Members of His Majesty's Honourable Council, this House therefore desire your Honour would be pleased to direct the Clerk of the Crown, to issue Writs for electing Members qualified to sit and vote in this present General Assembly, for the said Towns and Counties.

Received from the Council the following Bills, viz.

The Bill for an Additional Act, concerning Servants & Slaves.

The Bill to alter and amend an Act, intituled an Act, for licensing Pedlars, Traders and petty Chapmen etc. Endorsed, In the Upper House, read the first time and passed.

The House adjourn'd till to-morrow morning Nine o'Clock.


Wednesday, April 4th 1753. The House met according to Adjournment.

Mr. Sampson moved, That the Bill to prevent Excessive and deceitful gaming, be read the third time, agreable to the notice given for that Purpose yesterday, by Mr. Speaker.

Ordered that the same be read.

Read the said Bill the third time and passed with Amendments.

Ordered that the same be sent to the Council.

Sent the same to the Council by Mr. Dickson & Mr. Washington.

Mr. Vail moved for leave to bring in a Bill, to erect a Town on Core Banks, near Ocacock Inlet.

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

Mr. Vail brought in the above said Bill, which he read in his Place.

Ordered that the same Pass and be sent to the Council.

Mr. Starkey moved for leave to bring in a Bill, for granting to his Majesty the sum of Proclamation Money, and for stamping, and emitting the said sum of Bills of Credit, of this Province, at the rate of Proclamation Money, to supply the Treasury, and for making

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proper Provision for defraying the contingent Charges of Government, and for making Copper Halfpence current in this Province.

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

Mr. Starkey brought in the abovesaid Bill, which he read in his Place.

Ordered, That the same Pass and be sent to the Council.

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

Mr. Sampson moved for leave to bring in a Bill, for erecting a County and Parish on the Head of Anson County.

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

Mr. Sampson brought in the above said Bill which he read in his Place.

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

Sent the said Bill to the Council by Mr. Barrow & Mr. Bartram.

The House adjourned till three o'clock afternoon.

P. M. The House met according to adjournment.

Received from the Council, the Bill to prevent Excessive and deceitful gaming. Endorsed, In the Upper House, read the third time and passed. Ordered to be sent down and Engrossed.

Received from the Council, the Bill to revive and continue a Clause in a Act, intituled, an Act to fix a Place for the seat of Government, and for keeping Publick Offices for appointing Circuit Courts, and defraying the Expenses thereof etc. Endorsed, In the Upper House, read the second time and passed.

Received from the Council the following Bills viz.

The Bill for appointing and laying out a Town on the Land of John Jenkins, on the south side of Pee Dee River in Anson County etc.

The Bill to appoint a Town on the North East Branch of Cape Fear River in New Hanover County etc.

The Bill to amend an Act intituled, an Act for dividing part of Granville, Johnston, and Bladen Counties, into a County and Parish by the name of Orange County etc.

The Bill to relieve such persons that have or may suffer by the loss of Records in Onslow County.

Endorsed, In the Upper House read the second time & passed with Amendments.

The Bill for erecting a County and Parish on the Head of Anson County.

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And the Bill for granting to his Majesty the sum of Proclamation Money, and for stamping and emitting the said sum of Bills of Credit of this Province, at the rate of Proclamation Money, and so forth.

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

Mr. Sampson moved, That the Bill directing the Examination and Admission of Persons hereafter to be admitted to plead and practise the Law in this Province be read the second time.

Ordered, that the same be read.

Read the said Bill the second time, & amended the same.

Ordered that the same pass and be sent to the Council, with the said Amendments.

Sent the said Bill to the Council by Mr. Clark & Mr. Bartram.

Mr. Ash moved, that the Bill for an Additional Act to an Act, concerning Servants and Slaves, be read the second time.

Ordered that the same be read.

Read the said Bill the second time, and amended the same.

Ordered that the same pass and be sent to the Council, with the said Amendments.

Sent the said Bill to the Council by Mr. Clark & Mr. Bartram.

Mr. Ash moved, That the Bill for an Additional Act to an Act, concerning Servants and Slaves be read the second time.

Ordered that the same be read.

Read the said Bill the second time, & amended the same.

Ordered that the same Pass, and be sent to the Council, with the said Amendments.

Sent the same to the Council by Mr. Clark & Mr. Bartram.

Mr. Starkey moved, That the Bill to alter and amend an Act intituled An Act for licensing Pedlars, Traders, and Petty Chapmen etc. be read a second time.

Ordered the same be read a second time.

Read the same a second time and passed.

Ordered that the same be sent to the Council.

Sent the same to the Council by Mr. Clark & Mr. Bartram.

The House adjourned till to-morrow morning Ten o'Clock.


Thursday April 5th 1753. The House met according to Adjournment.

Mr. Vail moved for leave to bring in a Bill, for an additional Act to an Act to appoint Inspectors in New-Hanover County, and for regulating the Exports at Cape Fear.

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

Mr. Vail brought in the above said Bill which he read in his Place.

Mr. Barrow opposed the passing of the said Bill, and was seconded.

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The Motion was made and the Question put, Whether the said Bill pass or not And was carried in the Negative.

Ordered that the following Bill be read viz.

The Bill to revive and continue a Clause in an Act intituled an Act to fix a Place for the seat of Governmt, and for keeping Publick offices, and for appointing Circuit Courts, and defraying the Expense thereof, the third time.

Ordered that the same Pass and be sent to the Council.

Read the Bill to relieve such Persons that have or may suffer, by the Loss of Records in Onslow County the third time.

Ordered, That the same Pass, and be sent to the Council.

Read the Bill for an Amendment of an Act, intituled An Act for dividing part of Granville, Johnston and Bladen Counties etc. the third time.

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

Read the Bill to appoint a Town on the North East Branch of Cape Fear River in New Hanover County, the third time.

Ordered that the same Pass and be sent to the Council.

Sent the above four Bills to the Council by Mr. Haywood and Mr. Starkey.

The House adjourned till Four o'Clock Afternoon.

P. M. The House met according to adjournment.

Received from the Council, the Bill to revive and continue a clause in an Act intituled An Act to fix a place for the seat of Government, and for Keeping Public Offices, and for appointing Circuit Courts, and defraying the Expenses thereof. Endorsed, In the Upper House, read the third time and passed.

Ordered to be sent down and Engrossed.

The House adjourn'd till to morrow morning Nine o'Clock.


Friday, April 6th 1753. The House met according to Adjournment.

Mr. Sinclare moved for leave to absent himself from the Service of the House.

Ordered that he have leave Accordingly.

Sent the Bill to erect a Town on Core Banks, near Ocacock Inlet, to the Council, agreable to the order of Wednesday last by Mr. Ash and Mr. Sampson.

Mr. Starkey moved for leave to bring in a Bill, to prohibit the Exportation of Grain in Time of scarcity.

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

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Mr. Starkey brought in the above said Bill, which he read in his Place.

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

Sent the said Bill to the Council by Mr. Ash and Mr. Sampson.

Received from the Council the Bill to prohibit the Exportation of Grain in Time of Scarcity. Endorsed, In the Upper House, read the first time & passed with Amendments.

Mr. Haywood moved, That the Bill for erecting a County and Parish on the Head of Anson County, be read a second time.

Read the said Bill the second time, & amended the same.

Ordered the same be sent to the Council, with the Amendments.

Sent the above Bill to the Council by Mr. Dickson and Mr. Robinson.

Ordered That the Bill, to appoint a Town on the North East Branch of Cape Fear River in New-Hanover County be read a third time.

Read the said Bill the third time, & amended the same.

Ordered That the same pass, and be sent to the Council with the said Amendments.

Sent the said Bill to the Council, by Mr. Dickson and Mr. Robinson.

The House adjourned til Four o'Clock Afternoon.

P. M. The House met according to Adjournment.

Received from the Council the following Bills, viz.

The Bill for an Amendment of an Act, intituled An Act for dividing part of Granville, Johnston, and Bladen Counties, into a County and Parish by the Name of Orange County etc. Endorsed, In the Upper House read the third time and passed.

Ordered to be sent down and Engrossed.

The Bill directing the Examination and Admission of Persons hereafter to be admitted to plead and practice the Law in this Province. Endorsed, In the Upper House, read the second time and passed with Amendments.

The Bill for an Additional Act to an Act concerning Servants and Slaves. Endorsed, In the Upper House read the second time and passed with Amendments.

Received from the Council the following Message, viz.

Mr. Speaker and Gentlemen,

In the Conclusion of the last Clause of the Bill, to relieve such Persons that have or may suffer, by the Loss of Records in Onslow County, there is no time limited for the building of the Court House, nor the Place mentioned where such Court House should be built, we therefore desire to know if you will consent to the following Amendment, otherwise we

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cannot pass the Bill: In the Town of Johnston, and the same shall be built within two years from the passing hereof; if your House approve of such Amendment, we desire you'd send two of your Members to see the same incerted in the Bill.

Ordered that the following Message be sent to the Council.

“Gentlemen of his Majesty's Honourable Council.

In Answer to your Message regarding the Amendment you propose in the Bill to relieve such Persons that have or may suffer by the loss of Records in Onslow, we agree to the said Amendment, and have sent Mr. Starkey and Mr. Bell, two of the Members of this House, to see the same made.”

Mr. Ash moved, That the Bill to prevent the Exportation of Grain in time of Scarcity, be read the second time.

Ordered, That the same be read.

Read the said Bill the second time, & amended the same.

Ordered that the same pass, and be sent to the Council, with the said Amendments.

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

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


Saturday, April 7th 1753. The House met according to Adjournment.

Received from the Council the Bill to relieve such Persons that have or may suffer by the loss of the Records in Onslow County. Endorsed, In the Upper House, read the third time and passed with Amendments.

Mr. Ash moved, That the Bill for an Additional Act to an Act, concerning Servants and Slaves, be read the third time.

Ordered that the same be read a third time.

Read the said Bill the third time, Amended the same.

Ordered that the same pass, and be sent to the Council, with the said Amendments.

Sent the said Bill to the Council, by Mr. Calf & Mr. Brice.

Mr. Sampson moved, that the Bill directing the Examination and Admission of Persons hereafter to be admitted to plead and practise the Law in this Province, be read a third time.

Ordered that the said bill be read a third time.

Read the said Bill the third time, & amended the same.

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

Sent the same to the Council by Mr. Calf and Mr. Brice.

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Received from the Council the Bill to prohibit the Exportation of Grain in time of Scarcity. Endorsed, In the Upper House, read the second time & passed with Amendments.

Received from the Council, the Bill to erect a Town on Core Banks near Ocacock Inlet. Endorsed, In the Upper House, read the first time and passed.

Mr. Bell moved that the above Bill be read a second time.

Ordered that the same be read a second time.

Read the said Bill the second time, & amended the same.

Ordered that the same pass and be sent to the Council with the said amendments.

Sent the above Bill to the Council, by Mr. Calf and Mr. Brice.

Received from the Council the Bill for erecting a County and Parish on the Head of Anson County. Endorsed, In the Upper House read the second time & passed with Amendments.

Mr. Ash moved, That the Bill to prevent the Exportation of Grain in time of Scarcity be read a third time.

Ordered that the same be read a third time.

Read the said Bill the third time.

Ordered that the same pass, and be sent to the Council, by Mr. Calf and Mr. Brice.

Mr. Ash moved for leave to absent himself from the Service of the House.

Ordered that he have leave accordingly.

Read the Petition of Miles Gale, setting forth, That there are several Buoys and Chains in his Custody, belonging to the Publick: Praying the Order and Direction of this House, regarding the Disposal of the same: whereupon this House resolved, that the said Miles Gale dispose of the same separately at public Vendue, giving forty days notice thereof before such Sale, and that he account with the next General Assembly for the amount of such Sales.

Mr. Sampson moved, That the Bill to erect the Upper part of Anson County into a County and Parish, be read the third time.

Ordered that the same be read a third time.

Read the said Bill a third Time, and amended the same.

Ordered, That the abovesaid Bill be sent to the Council, with the said Amendments.

Sent the same to the Council, by Mr. Calf and Mr. Brice.

The House adjourn'd til Monday Morning Nine o'Clock.

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Monday, April 9th 1753. The House met according to Adjournment.

Received from the Council, the Bill to amend an Act, intituled an Act for licensing Pedlars, Traders, and Petty Chapmen etc. Endorsed, In the Upper House read the second time and passed.

Received from the Council the following Message, viz.

Mr. Speaker and Gentlemen,

We observe that in the Bill for an Act for erecting the Upper part of Anson County into a County and Parish, by the name of Rowan County and St Lukes Parish, and for appointing a Place for holding a Court in the said County, you have deled those Bounds that we had incerted in the said Bill together with the Names of George Smith and Jonathan Hunt, in Lieu thereof have added others, we therefore propose the following Amendments, to wit, That Anson County be divided by a Line beginning where Anson Line was to cross Earl Granville's Line, and from thence in a direct Line North to Virginia Line, and that the said County be bounded to the North, by the Virginia Line, and to the South by the Southern Line of Earl Granville's Land, and also the names of George Smith and Jonathan Hunt be reincerted; if you agree to the above Amendments, send two Members of your House to see the same incerted, and the Bounds you had mentioned for the County, and the Names of George Ellison and Robert Simington deled, upon which it shall pass.

Ordered that the foregoing Message be sent to the Council.

Sent the said Message to the Council, Endorsed, Concurred with, and sent Mr. Starkey and Mr. Sampson, two of the Members of this House, to see the Amendments in the said Bill proposed made.

Received from the Council the following Message, viz.

Mr. Speaker and Gentlemen.

We observe that in the Bill for directing the Examination and admission of Persons hereafter to be admitted to plead and practice the Law in this Province, your House have thought proper to dele the following Clause, And if any Attorney shall Act contrary to his Duty, the Governor, and not less than five of the Council, upon Complaint & Proof thereof made before them, may supercede such Attorney's Licence, and suspend him for a time, or disable him as they shall think just. We apprehend, that if Complaints against Practisers of the Law are not to continue to be cognizable before the Commander in Chief in Council, where Complaints against all officers in the Province are cognizable, and by whom they may be superceded, it will be difficult, if not impracticable

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for his Majesty's Subjects to have relief against the Misdemeanours of the Gentlemen of that Profession; we cannot therefore recede from our Amendment abovementioned, but desire your Concurrence to the reincerting of it, which if your House agree to, please to send two of your Members to see the same done.

The House adjourn'd til Four o'Clock Afternoon.

P. M. The House met according to Adjournment.

Resolved, That the following Message be sent to the Council. viz

Gentlemen of His Majesty's Honourable Council,

In Answer to your Message of this day, in relation to the Bill directing the Examination and Admission of Persons hereafter to be admitted to plead and practise the Law in this Province, we must observe to your Honours, that this House conceive, that was not the Common Law, as well as several Statutes for punishing Attorneys and Practisers of the Law for Male Practise and other Misdemeanors in Force in this Province, ample Provision is made in the above mentioned Bill for the punishing them in those Cases, without the Clause incerted in your House, and deled in this on the third Reading thereof, and which you would again have incerted; and at the same Time, we must beg Leave further to observe, that the said Bill is calculated more immediately to prevent Persons being admitted to practise as Attorneys or Lawyers in the several Courts in this Province, not properly qualified for that Business, and because heretofore with no other Recommendation, Capacity, or Ability, than that of being obseqious Tools of a bad Administration, have been admitted to practise the Law in this Province, when others, ancient Practisers of good Character, known Integrity, and knowledge in the Law has been obstructed in their Business or Practise, for no other reason than that they or their Clients have been so unfortunate to have incurred the Displeasure of the Chief Magistrate, and at the same time new and unusual Clauses, without any Warrant of Law, added in the Commissions of the Peace, to prevent the Justices admitting them to get their Living in their Lawful Callings, and what generally rendered their Case the worse, they could not expect the Chief Justice would redress them at the risque of his Commission, we hope this may never again be the Case; but the time is still within the Memory of some of the Members of this House when it was so. We must further beg leave to observe to your Honours, that we can't find, on the strictest Enquiry, a Precedent in this Province where an Attorney or Practiser of the Law was ever called upon to Answer before the Governor & Council for

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Male Practise or any other Crime, nor any Law to Warrant a Tryal and Prosecution against such otherwise than in the Courts of Common Law of this Province, and of England in force here; what Cognizance the Commander in Chief, in Council, may have over the Commissioned Officers in this Province, on Complaints against them, we shall not pretend to Examine as not being a Point now in Question: Wherefore upon the whole, as we are certain it cannot be for His Majesty's Service, or the Interest of his good Subjects of this Province, (our Constituents) to erect any unusual or extraordinary Jurisdiction to judge and determine on their Rights, Contrary to the due course of Law, we cannot concur with your Honours to reincert the Clause you mention in the aforesaid Bill.

Sent the above Message by Mr. Starkey and Mr. Bell.

Received from the Council, the Bill to erect a Town on Core Banks, near Ocacock Inlet. Endorsed, In the Upper House, read the second Time, and passed, with Amendments.

The House adjourn'd til Tomorrow Morning Nine o'Clock.


Tuesday, April 10th 1753. The House met according to Adjournment.

Ordered, That the Bill to alter and amend an Act, intituled An Act for licensing Pedlars, Traders, and Petty Chapmen, be read a third Time.

Read the said Bill a third time, and amended the same.

Ordered, That the same Pass, and be sent to the Council, with the said Amendments.

Sent the said Bill to the Council, by Mr. Bartram and Mr. Sampson.

Received from the Council, the Bill for Erecting a County and Parish on the Head of Anson County. Endorsed, In the Upper House, read the third time, and passed with Amendments.

Ordered the same be sent down and Engrossed.

Ordered that the Bill to erect a Town on Core Banks, near Ocacock Inlet, be read a third time.

Read the said Bill a third Time, and amended the same.

Ordered that the same be sent to the Council, with the said Amendment.

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

Mr. Lovick, Chairman of the Committee of Public Claims, reported to the House, that the said Committee had settled and allowed several Claims, which he presented to the House for Concurrence.

Ordered, That the said Reports be made.

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Read the same, and after adding the Claims of the Clerks of both Houses thereto,

Resolved that the said Claims be allowed, and sent to the Council for their Concurrence.

Resolved, That the Public Treasurers do procure Copies of the Commissioners Accompts, under the late Navigation Act, and lay the same before this House, at the next Session of the General Assembly.

Resolved, That the Public Treasurer of the Southern District do demand and receive the one Fourth part of the Monies which have arose out of the sale of the Goods saved & taken from the Spanish Privateer, which was blown up at Brunswick, on Cape Fear, from the Person or Persons who hath or may have received the same, and on Neglect or refusal of such Person or Persons to pay the same, to bring suit for recovery thereof.

Reported by Mr. Vail, Chairman of the Committee of Public Accompts, that the said Committee had stated and settled the Public Accompts of the Southern and Northern Treasurers, and produced the report thereof to this House.

Ordered, That the same be read.

Read the same.

Resolved That the said Report be approved of, and be sent to the Council for their Concurrence.

Ordered, That the following Message be sent to the Council.

Sent the following Message with the above two Reports, to wit, the Reports of the Committee of Claims & of Accompts.

Gentlemen of His Majesty's Honourable Council,

We herewith send you the Reports of the Committee of Accompts in this House concurred with, as reported from the Committee and also the Report of the Committee of Claims, and after examining the same, and adding several Claims thereto, have allowed thereof; to both which said reports we desire your Honours Concurrence, and that you will send the same back by Mr. Haywood and Mr. Starkey.

Received from the Council the following Bills, viz.

The Bill to alter and amend an Act, entituled, an Act, for licensing Pedlars, Traders and Petty Chapmen etc.

The Bill to erect a Town on Core Banks, near Ocacock Inlet.

Endorsed, In the Upper House, read the third time, and passed.

Ordered, That the same be sent down and engrossed.

The House adjourn'd til Three o'Clock Afternoon.

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P. M. The House met according to Adjournment.

Whereas it appears by the Report of the Committee of Public Accompts of this Session of Assembly, that there is in the hands of John Starkey Esq, Public Treasurer of the Southern District the sum of Seventy Seven Pounds, which was received for Powder Money, and unapplied.

Resolved, That the said John Starkey, out of the said Money, pay the officers of both Houses, and the Expenses of the Committees of this Session of Assembly, and that what Powder money the Treasurers may receive from the former Receivers of the Powder money, arising in the several Ports of this Province, not otherwise applied, and the money arising by the Impost Duty on Wine etc, be applied and paid by the said Treasurer towards discharging the Public Debts allowed by the General Assemblys, on the Claimant or Claimants producing a Certificate of such Allowance, and an Order or Warrant thereon, from the Commander in Chief for the time being.

Ordered That the following Message be sent to the Council. viz.

Gentlemen of His Majesty's Honourable Council,

We observe by the Reports of the Committee of Accompts, that there is in the hands of John Starkey Esqre, Treasurer of the Southern District, the sum of Seventy Seven Pounds, which he received for Powder money, which is unnapplied therefore this House have resolved, that the said Treasurer out of the said Seventy seven Pounds, pay the Expences of the Committees, and the officers of both Houses this Session of Assembly, and that the remaining, together with what Powder money the Treasurers may receive from the former Receivers of the Powder money, arising in the several Ports of this Province not otherwise applied, & the money arising by the Impost Duty on Wine etc, be applied and paid by the said Treasurers toward discharging the Publick Debts allowed by the General Assembly, on the Claimant or Claimants producing a Certificate of such Allowance, and an Order or Warrant thereon from the Commander in Chief for the Time being, to which we desire your Honours Concurrence.

Mr. Starkey acquainted this House, that the Sum of Seven Hundred and Thirty Nine Pounds, six shillings and Eight-pence, three farthings, Proclamation Bills, received by the Committee of Public Accompts, and paid by the Chairman thereof to this House, which by Law is to be burnt, therefore moved that the same be burnt, and that this House would appoint a Committee thereof to see the same done, in Conjunction with those of the Council as they shall think fitt to appoint; and also

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acquainted this House, that there is paid unto the Committee of Claims the sum of One Hundred and Sixty Pounds, Nineteen shillings, and Six-pence, Bills of the late Emission, which by Law are also to be burnt, therefore moved as above.

Resolved, That the said Bills be burnt accordingly.

Ordered, That a Committee of the whole House be appointed, in Conjunction with such Members of the Council as they shall think fit to see the said Bills burnt.

The House resolved into a Committee of the whole House for the purpose abovesaid, and ordered that the following Message be sent to the Council, viz.

Gentlemen of His Majesty's Honourable Council,

The Chairman of the Public Accounts having reported to this House, that he hath received the sum of Seven Hundred and Thirty Nine Pounds, Six shillings, and Eight-Pence, Three Farthings, Proclamation Bills; and also the Chairman of the Committee of Public Claims having reported, that he hath received the sum of One Hundred and Sixty Pounds Nineteen Shillings, and Six pence, old Bills, by way of Claims, both which Sums are for the sinking Fund, and by Law ought to be burnt; 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 burnt To-morrow Twelve o'Clock.

Sent the above Message by Mr. Starkey and Mr. Bell.

The House adjourned til To-morrow Morning Twelve o'Clock.


Wednesday, April 11th 1753. The House met according to Adjournment.

Received from the Council the Report of the Committee of Claims. Endorsed, In the Upper House, Concurred with, & received also the following Message, viz.

Mr. Speaker and Gentlemen,

This House agreable to your Message of yesterday, relating to the New and old Bills to be burnt this Session, will immediately, on notice of your being ready, resolve itself into a Committee of the whole House on that Service.

Mr. Vail the Chairman of the Committee of Public Accompts and Mr. Lovick the Chairman of the Committee of Public Claims, reported that the Committee of both Houses, appointed to see the Bills burnt had met, and that they had burnt the sum of Seven

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Hundred and Thirty Nine Pounds, Six shillings and Eight Pence, Three Farthings Proclamation Bills of the last Emission, and One Hundred and Sixty Pounds, Nineteen Shillings and Six-pence old Bills, agreable to the resolve of yesterday. Received from the Council the Message this House sent yesterday regarding the Approbation of the Sum of Seventy seven Pounds, Eight Shillings and Sevenpence received for Powder-money, in the Hands of the Treasurer of the Southern District. Endorsed, Concurred with.

The House Adjourned for an Hour.

The House met according to Adjournment.

Mr. Lovick moved for Leave to absent himself from the Service of the House To-morrow.

Ordered, That he have leave accordingly.

The House adjourn'd til to morrow morning Eight o'clock.


Thursday, April 12th 1753. The House met according to Adjournment.

Received from the Council the following Message, viz.

Mr. Speaker and Gentlemen,

We herewith send you the Estimate of the Wages etc, due to the Members, Clerk, and officers of this House this Session, amounting to One Hundred Pounds, Five shillings, and Four-pence Proclamation money, to which we desire your Concurrence.

Resolved, That the same be concurred with.

Ordered, That the following Message be sent to the Council.

Gentlemen of His Majesty's Honourable Council,

We herewith send you the estimate of the Allowances due and payable to the Members, Clerk, and other Officers of this House, this present Session for your Concurrence.

Sent by Mr. Bell and Mr. Barrow.

His Honour the President sent a Message to this House, requiring the attendance thereof in the Council Chamber, for such Bills as are Engrossed.

The House in a full body waited on His Honour the President in the Council Chamber, when Mr. Speaker presented him the following Bill for his Assent thereto, viz.

The Bill to alter and amend an Act, intituled, An Act for licensing Pedlars, Traders and Petty Chapmen, and for granting to His Majesty a Duty on Goods, Wares, and Merchandize, to raise supplies for the Necessary Charges of Government.

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The Bill for an additional Act to an Act, concerning Servants and Slaves.

The Bill for an Act for appointing and laying out a Town on Core Banks, near Ocacock Inlet, in Carteret County, and for appointing Commissioners for compleating the Fort at or near the same Place.

The Bill for an Act, to revive and continue 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.

The Bill to relieve such Persons who have or may suffer, by the Loss of Records in Onslow County.

The Bill to prevent Excessive and deceitful Gaming.

The Bill for erecting the Upper part of Anson County, into a County and Parish, by the Name of Rowan County, and St Luke's Parish, etc.

The Bill to amend an Act, intituled, An Act for dividing part of Granville, Johnston and Bladen Counties, into a County and Parish, by the Name of Orange County, And the Parish of St Mathew, and for appointing Vestrymen of the said Parish, and for other purposes therein mentioned.

The Bill to prohibit the Exportation of Grain in Time of Scarcity.

To all which His Honour was pleased to Assent, except the Bill to alter and amend an Act, intituled, An Act for licensing Pedlars, Traders, and Petty Chapmen, and granting to His Majesty an Impost or Duty on Goods, Wares, and Merchandize, to raise supplies for the necessary Charges of Government, which His Honour was pleased to reject. Then directed the House to return, and proceed to further Business.

The House returned.

Resolved, That His Honour the President be addressed to direct the Clerk of the Crown, to issue a Writ to elect Members qualified by Law, to sit and vote in the General Assembly of this Province for the County of Rowan.

Sent the following Message to His Honour the President.

May it please your Honour,

The Bill for erecting the Upper part of Anson County into a County and Parish, by the Name of Rowan County etc, having this day passed into a Law by your assent thereto, therefore desire your Honour would be pleased to direct the Clerk of the Crown to issue a Writ to Elect Members qualified to sit & vote in the General Assembly for the said County.

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His Honour the President sent to this House, Commanding the immediate Attendance thereof in the Council Chamber.

The House in a full Body waited on His Honour the President in the Council Chamber, when His Honour was pleased to prorogue this Assembly until the fourth Tuesday in September next to be then held at Newbern.

The House returned, when Mr. Speaker pronounced the Prorogation Accordingly.