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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
January 01, 1760 - January 09, 1760
Volume 06, Pages 184-200

LEGISLATIVE JOURNALS—Continued.

[Lower House of Assembly continued from page 132.]


Tuesday the 1st January 1760 The House met according to adjournment.

Received from the Council the Bill for the Appointment of Vestries. Endorsed 29th December 1759 In the Upper House read the first time and passed

-------------------- page 185 --------------------

On motion, Ordered, the Bill for Appointment of Vestries and also the Bill directing the Method of Appointing Jurymen &c be Committed to Mr. Jones, Mr. Ashe, Mr. Maurice Moore, Colo Harvey and Mr. Starkey for Amendment and that they report to the House the Amendments necessary to the said Bills.

Mr. Davis moved for leave to bring in a Bill for dividing the Parish of Christ Church in the County of Craven.

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

Mr. Davis brought in the above mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Bell and Mr. Wynn.

Then the House adjourned for one Hour.

The House met according to Adjournment.

Received from the Council the Bill to amend an Act intituled an Act for building and Maintaining Court Houses, prisons &c. And the Bill for Appointing Commissioners for finishing the Court House in New Bern &c Endorsed 1st January 1760 In the Upper House read the first time and passed.

And the Bill for Granting an Aid to his Majesty &c And also the Bill for Enlarging the time for saving Lots in the Town of Halifax. Endorsed 1st January 1760. In the Upper House read the second time and passed

Received from the Council the following Message Vizt

Mr. Speaker and Gentn of the Assembly—

On reading a third time the Bill for Establishing a Court of Kings Bench and Courts of Common Pleas—This House think the following Amendments Necessary (to wit) That the restrictive Clause on the Chief Justice Concerning the Clerks should be struck out—That the Clause should be reinstated (which you have dele d)—That the Parties live in different Districts the Plaintiff should have his Choice in bringing his Action in the Court of Kings Bench or where the Defendent lives.

That the Salaries for the Justices of the Kings Bench being too much we think One Thousand Pounds an Adequate Compensation for their Services. That a Clause be Inserted, when the Chief Justice sets off to hold any Court and should be delayed by sickness or any other unavoidable accident he should have Twenty six pounds allowed him by this Bill for holding such Courts.

-------------------- page 186 --------------------

That a Poll Tax be laid for paying the Justices of the King's Bench and that the Clauses for appropriating the Sinking fund for that purpose be struck out—to which amendments if your house agree please to send such of your Members as you shall think proper to see the same done


1st January 1760

Mr. Jones from the Committee to whom the Bill directing the Method of Appointing Jurymen in all Causes &c. was Committed reported that the Committee had drawn up several Amendments to the said Bill which he read in his place were approved of by the House and Ordered to be inserted in the said Bill—and the said Amendments are accordingly Inserted. And on motion Ordered the said Bill be read a second time. Read the said Bill a second time with the said Amendments passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Harris and Mr. Smith.

Then the House adjourned till 9 oClock to-morrow morning.


Wednesday the 2d January 1760. The House met according to adjournment

Resolved the following Message be sent to the Council Vizt

Gentn of His Majesty's Honble Council.

In answer to the several particulars mentioned in your Message of yesterday relative to the Bill for Establishing a Court of Kings Bench and Courts of Common Pleas &c. The Assemby would Observe that the Practice of the Chief Justice in Exacting from the Clerks a Considerable Part of their Legal fees has Occasioned them to be guilty of great Extortion Whereby the proceedings in the Supreme Courts have been Scenes of Oppression, and the Conduct of the Chief Justice and his Clerks subject matter of Universal Complaint, That the deceased Mr. Henley (whose death every one who wishes to see the hands of Government strengthened the Laws duly Executed and Justice Impartially Administered) very justly laments from a Pious Sence of the Obligation of an Oath Conformed to the Law of 1748, for regulating Officers fees, Therefore this Assembly thought themselves in duty to their Constituents bound to Provide against the pernicious Effects of the Contrary Conduct. However, as the Assembly would fain hope that the present Chief Justice will think Mr. Henleys Laudable Example in this particular worthy of

-------------------- page 187 --------------------
Imitation, they would propose to alter the Bill so as to have Mr. Berry in that Respect under the same Circumstances as Mr. Henley was by the aforesaid Act is Agreeable to your House.

In respect to striking out the Clause for Appropriating the sinking Fund. The Assembly would desire to inform your House that the Contingent Fund is now £2,000 in arrear, And that no Method Appears so Eligible to them as borrowing Money from the fund to discharge those Arrears, and replacing the same in the Manner mentioned in that Clause; But if you think the Tax for that Purpose is to take place at too remote a Distance of time this House Would propose to replace the same by a Tax of one shilling p poll to Commence in the Year 1763.

As to the other Matters in your Message Proposed as Amendments the Assembly cannot Consistent with the valuable designs of the Bill agree to them—And therefore desire you will pass the Bill without such Alterations being made.

If you approve of the Alterations above mentioned the Assembly will send two of their Members to see Clauses Proper for those purposes inserted in the Bill

Sent by Mr. Harnett and Mr. Maurice Moore

Mr. Jones from the Committee to whom the Bill for Appointing Vestries was committed Reported several amendments to the said Bill which he read were approved of by the House and Ordered to be Inserted in the Bill the said amendments are Incerted accordingly.

Then on Motion ordered the said Bill be read a second time, Read the same a second time with the said Amendments passed and Ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Harris and Mr. Smith.

Mr. Johnston moved for leave to bring in a Bill to Amend an Act for appointing Sheriffs and Directing their Duty in Office and for Compelling Collectors of Public Taxes and persons intrusted with laying out Public Money to apply and Account for the same.

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

Mr. Johnston brought in the above mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council.

On Motion Ordered, the Bill for Enlarging the time for saving Lotts in the Town of Halifax be read the third time read the same a third time passed and Ordered to be sent to the Council.

-------------------- page 188 --------------------

On Motion, Ordered, the Bill to Amend an Act Intituled an Act for building and maintaining of Court Houses prisons and Stocks in Every County within this province and appointing rules for each County Prison for Debtors be read a second time, Read the same a second time passed and Ordered to be sent to the Council.

Sent the above three Bills to the Council by Mr. Harris and Mr. Smith

On motion, Ordered, the Bill for appointing Commissioners for finishing the Court House already begun in the Town of New Bern &c, be read a second time—Read the same a second time amended passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Harris and Mr. Smith.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Then the House adjourned till tomorrow morning 9 oClock


Thursday the 3d of January 1760 The House met according to Adjournment

On Motion Ordered, the Bill to Enable Wm Dry to finish Fort Johnston at the Mouth of Cape Fear be read the third time. Read the same a third time Amended passed and Ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Harris and Mr. Gray

Received from the Council the following Message (to wit)

Mr. Speaker and Gentn of the Assembly.

This House taking into Consideration your Message relative to the Amendments We proposed to the Bill for Establishing a Court of King's Bench, Courts of Common Pleas &c. We are sorry to find you persist in borrowing the Salaries for the Justices of the King's Bench out of the sinking Fund [to] be replaced by a Tax not to Commence before the year 1763. We are of Opinion that it would be much better to pay such salary, by a Poll Tax to be levied the Ensuing year, and therefore hope you will reconsider, And agree to insert the same in the Bill and strike out of it all Clauses relating to the taking the money out of the sinking Fund and replacing it. In such Case be pleased to send some of your Members to see the same And the other Amendments you have Agreed to Inserted in this Bill.


2nd January 1760.
-------------------- page 189 --------------------

On Motion Resolved, the said Message be committed to Mr. Jones, Mr. Starkey, Colo Harvey, Mr. Johnston, and Mr. Maurice Moore to draw an answer thereto and lay the same before the House for Approbation.

Received from the Council the Bill for appointing Commissioners for finishing the Court House already begun in New Bern, And the Bill directing the Method of appointing Jurymen &c

Endorsed 2nd January 1760. In the Upper House read the second time amended and passed

And the Bill for Appointing Vestries And the Bill to Amend an Act Intitled an Act for Building and maintaining Court Houses &c.

Endorsed 2nd January 1760 In the Upper House read the second time and passed

And Also the Bill to amend an Act for appointing Sheriffs &c.

Endorsed 2d January 1760 In the Upper House read the first time and passed.

Received from the Council the Bill for enlarging the time allowed for saving Lots in the Town of Halifax preventing the Building wooden Chimneys therein and other purposes.

Endorsed 2nd January 1760. In the Upper House read the third time and passed

Ordered to be engrossed.

On Motion, Ordered the Bill to Amend an Act for Appointing Sheriffs and Directing their Duty in Office &c be read the second time. Read the said Bill a second time amended passed and Ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Caswell and Mr. Bravard

Received from the Council the Bill to Amend an Act for Appointing Sheriffs and directing their Duty in Office &c.

Endorsed 3rd January 1760 In the Assembly read the second time and passed

On Motion Ordered, the Bill for Appointing Commissioners for Finishing the Court House already begun in the Town of New Bern be read the third time read the same a Third time amended and passed.

The Bill to amend an Act Intitled an Act for Building and maintaining a Court House Prison and Stocks in every County within this province &c be read a third time. Read the said Bill a third time, Amended and passed

The Bill to amend an Act for Appointing Sheriffs and directing their Duty in Office &c. be read a third time Read the said Bill a Third time and passed

-------------------- page 190 --------------------

And the Bill for the Appointment of Vestries be read a third time. Read the same a Third time Amended and passed.

Ordered the said four Bills be sent to the Council

Sent the above four Bills to the Council by Mr. Smith and Mr. Jones

Mr. Jones from the Committee Appointed to prepare an Answer to the Message of this day from the Council Reported that the Committee prepared an Answer to the said Message to which he laid before the House the said Answer was read by the Clerk Approved of by the House and Ordered to be sent to the Council and is as follows

Gentlemen of His Majesty's Honble Council

The Assembly have maturely considered your Answer to the Message of this House of Yesterday but are entirely at a loss for the reasons That induce you to insist on disagreeing to the Proposal for the appropriating the Money in the Sinking fund And therefore would observe that what is proposed to be borrowed from that Fund is not intended for paying the Salaries of the Justices of the Kings Bench only as in your Message is Intimated but for Payment of a Salary to the Chief Justice and Attorney General and discharging Claims due from the Public which already Amount to upwards of £2000.

That obliging the Creditors of the Public to wait for payment of their Demands till money can be collected by a Poll Tax will be a Treatment Injurious and very sensibly Effect the credit of the Province, And as the Expedient by you proposed will not Obviate these Mischiefs and no other more Eligible Occurs to the Assembly they cannot Consistent with their Duty recede from the said proposal At the same time they would take Notice that in this particular they Act in conformity to precedents on similar Occasions and particularly to one which was first proposed and afterwards insisted on by your House in the Year 1754 i. e. when £2,800 was applyed for payment of the Salaries of the Chief Justice and Attorney General and defraying Contingencies of Government to be replaced in the proper Fund in four years by a Poll Tax when the very Act that directed the signing the said Money Provided that it should not circulate for any use whatsoever untill his Majestys Approbation thereof was obtained Notwithstanding all which the Assembly were so carefully to avoid every objection against a Bill of such Importance to the Country that they forbore to Insert the Clauses for applying the sinking

-------------------- page 191 --------------------
Fund until they had informed themselves such an Application was not Repugnant to any Instruction of His Majesty.

The Assembly sincerely Lament being reduced to the disagreeable Necessity of forming Bills to supply the place of those valuable Laws which have lately been repealed arising from Misrepresentation, Lucrative and self interested views ever incompatible with the Public Good.

Your House may remember That allowing Salaries to the Chief Justice and Attorney General was at first Intended by the Legislature as matter of Complement at a time when the Country was in much more Affluent Circumstances than at present (as no other expedient can be found at this Juncture of defraying that Expence than that above mentioned should your House on that Account reject the Bill care must undoubtedly be taken in forming any other for Establishing Courts of Justice to avoid inserting any Clause (however necessary) that will introduce the least Charge on the Country.

These considerations this House flatter themselves will not only Convince you of the Reasonableness but necessity of retaining the Clause you except to, And that you will pass the Bill with it—However should the Assembly be disappointed in this Interesting Particular they hope that instead of the valuable purposes by that Bill designed their most sincere endeavours to serve the Public will be accepted by their unhappy Constituents.


3rd Janry 1760.
S. S. S.

Sent the above Message by Mr. Jno. Harvey, Mr. Benjn Harvey, Mr. Harnett, Mr. Ashe, Mr. Davis and Mr. Wynns.

Mr. Anthony Hutchins moved for leave to bring in a Bill to Impower and direct the Commissioners of the Districts herein mentioned to lay out and make a road from the lower part of Anson County to Livingstones Creek Bridge on the Bounds of New Hanover County.

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

Mr. Hutchins brought in the above mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk, passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Hutchins and Mr. Churton.

Then the House adjourned till to morrow Morning 9 oClock.


Friday the 4th January 1760—The House met according to Adjournment
-------------------- page 192 --------------------

Received from the Council the Bill for Better management and Security of Orphans and their Estates.

Endorsed 4th January 1760—In the Upper House read the second time amended and passed

Then the House adjourned till 9 oClock to morrow morning.


Saturday the 5th January 1760—The House met according to Adjournment

Received from the Council the Bill to Enable Wm Dry Esqr to finish Fort Johnston at the Mouth of Cape Fear River.

Endorsed 4th January 1760—In the Upper House read the third time and passed.

Ordered to be Engrossed

On Motion the House resolved that no more Bills be Received in the House after this day.

Mr. Starkey Chairman of the Committee of Claims Reported That the said Committee had settled and allowed sundry Claims which were read and after some Alterations therein made by the House the same were approved and allowed of Then on Motion, Resolved That the Allowances therein mentioned for the Indians be for the future discontinued.

It appearing to the House by the report of the Committee of Public Claims that the Guns therein mentioned are an annual Expence to the Province—It is therefore on motion Resolved That His Excellency the Governor be addressed to direct the said Guns be delivered to such of the Officers of the Militia of this province (for the use of the said Militia) as he shall think proper.

Mr. Harnett Chairman of the Committee of Public Accounts Reported that the Committee had stated and settled the Public Accounts as per Report Exhibited to the House which being read were approved and allowed of by the House.

Received from the Council the Bill to Amend an Act entitled an act for Building and maintaining of Court House Prisons and Stocks in every County in this Province &c. The Bill to amend an Act for appointing Sheriffs and directing their Duty in Office &c. The Bill for the Appointment of Vestries—and the Bill for Appointing Commissioners for finishing the Court house already begun in New Bern and other purposes. Endorsed 5th January 1760. In the Upper House read the third time and passed.

Ordered to be Engrossed.

-------------------- page 193 --------------------

And the Bill to Impower and direct the Commissioners of the Districts herein Mentioned to lay out and make a road from the lower part of Anson County to Livingston Creek Bridge on the bounds of New Hanover County. Endorsed 5th January 1760. In the Upper House read the first time and passed.

Received from the Council the following Message Vizt

Mr. Speaker & Gentn of the Assembly.

On reading your Message of the third Instant relative to Applying the sinking fund—We must observe that the breaking in upon that Fund would be such a wound to the Public Faith that we cannot join with you in your request We therefore hope you will maturely consider the consequences of having such an Important Bill rejected as we cannot pass it without you Agree with us in our Message of the second Instant which if you Concurr with please to send such of your Members as you shall think fit to Appoint to see the same done.


5th January 1760.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys Honble Council

In answer to your Message of this day the Assembly would Observe that they are of Opinion with you there ought not to be an Application of the Money in the Sinking fund unless the circumstances of Affairs made it Absolutely necessary which at present is the Case it being impracticable to pay the Debts of the Public or render the Valuable purposes of that Bill to which your Message relates Effectual but by that expedient

The sum proposed to be borrowed will not exceed £2,500 and as that is to be replaced by a Tax to Commence in the year 1763 The Assembly apprehend that such an Application cannot depretiate the paper Currency of the Province nor prove of prejudice to any Individual, Those are the sentiments of the Assembly (upon maturely considering what you recommend) and what they cannot depart from, And therefore submitted to your House whether the Public Interest will not be better promoted by passing the said Bill agreeable to the Proposals of the Assembly than by your rejecting it should your House agree to pass the said Bill agreeable to the said

-------------------- page 194 --------------------
Proposals this House will send two of their Members to see the necessary alterations made

S. S. Speaker.
By Order
Wm Herritage Clk.

5th January 1760.

Mr. Harnett moved for leave to bring in a Bill for the Corporation of Wilmington

Ordered, he have leave and bring in the same.

Mr. Harnett brought in the above mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Smith and Mr. Jones.

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment

Then the House Adjourned till Monday Morning 10 oClock.


Monday the 7th January 1760 The House met according to Adjournment

On motion, Ordered the Bill to Impower and direct the Commissioners of the District hereinafter mentioned to lay out and make roads &c, be read the second time. Read the same a second time amended passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Hutchins and Mr. Harnett.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly.

This House have Resolved That unless you this day agree to strike out of the Bill, for Establishing a Court of Kings Bench and Courts of Common Pleas &c The Clauses Relative to Applyg the sinking fund the said Bill will be rejected, To which Amendment if you agree please to send such of your Members as you may think proper to see the Alterations made.


7th January 1760.

Resolved, the following Message be sent to the Council Vizt

-------------------- page 195 --------------------

Gentlemen of His Majesty's Honble Council.

Upon Considering your Message of this day relative to the Bill Intitled a Bill for Establishing a Court of King's Bench and Court of Common Pleas &c The Assembly rather than see the County reduced to such Confusion and disorder as the want of Proper Laws Establishing Courts for the Administration of Justice must Inevitably Introduce The Clause you mention. If you will agree to Expunge such other parts of the Bill as allow Salaries to the Chief Justice, assistant Justices and Attorney General, which we think a necessary consequence of the other and in Case you agree to this proposal this House will send two of their Members to see the Bill altered accordingly.


7th January 1760.

Sent the above Message to the Council by Mr. Coutanch and Mr. Ward.

Received from the Council the Bill to Impower and direct the Commissioners of the Districts herein mentioned to make new roads &c. Endorsed 7th January 1760. In the Upper House read the second time and passed

And the Bill for the Corporation of Wilmington Endorsed 7th January 1760. In the Upper House read the first time and passed

On Motion, Ordered the Bill for Granting an Aid to His Majesty &c, be read the Third time. Read the same a third time Amended passed, and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Churton and Mr. Harris.

Then the House adjourned till 9 oClock to morrow morning


Thursday the 8th January 1760. The House met according to Adjournment

On Motion, Ordered the Bill to impower and direct the Commissioners of the Districts herein mentioned to lay out and make new roads be read a third time. Read the same a third time amended passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Mackay and Mr. Gray.

On Motion, Resolved the House Resolve into a Committee of the whole house to consider the Amendments necessary to the Bill for the Corporation of Wilmington and report the same to the House.

The House resolved into a Committee of the whole House for the Purposes aforesaid and then unanimously chose Mr. John Starkey

-------------------- page 196 --------------------
Chairman who took the Chair Accordingly—After some time spent the Committee prepared several Amendments to the said Bill which Mr. Chairman was directed to report to the House for Approbation.

Then on Motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had proposed several Amendments to the said Bill which he laid before the House for Approbation.

The same were read Approved of and directed to be inserted in the said Bill The same are accordingly Inserted—Then on Motion Ordered the said Bill be read a second time with the said Amendments—Read the same a second time with the said amendments—then on Motion the Question was put whether the said Bill pass or not and was carried in the negative

On Motion Ordered, The Bill for the better management And security of Orphans and their Estates be read a third time—Read the same a third time amended passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Mackay and Mr. Gray.

Received from the Council the Bill for Granting an Aid to his Majesty for Paying and subsisting the Forces and Militia now in the Pay of this Province and for other Purposes. Endorsed 7th January 1760 In the Upper House read the third time and passed

Ordered to be engrossed.

Sent the reports of the Committee of Public Accounts and Claims to the Council for Concurrence by Mr. Mackay and Mr. Gray.

On Motion Ordered The Bill directing the Method of Appointing Jurymen in the Inferior Courts be read the third time Read the same a third time Amended passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Mackay and Mr. Gray.

The House took under Consideration his Excellency's Message of the 27th December last regarding the fixing a Salary for a Store keeper for the Ordnance Stores sent from his Majesty for the use of this Province and thereupon Resolved That as the Subject Matter of the said Message had been formerly under Consideration of this House in full Assembly and a Resolution thereon made and Concurred with by His Majesty's Council That the same be referred till the next Session of Assembly for further Consideration as many of the Members of this House are now absent.

-------------------- page 197 --------------------

Resolved, the following Message be sent to his Excellency the Governor Vizt

Sir The Assembly having Considered your Message of the 27th ulto relative to the Providing a proper Salary for the Storekeeper of the Ordnance Stores sent by his Majesty for the use of Fort Johnston are of Opinion that the subject matter of the same was formerly under the Consideration of this House and a resolution agreed to thereon which was Concurred with by his Majesty's Council the same ought to be maturely Considered in full Assembly and many members of this House who were then present being now absent, This House have resolved that the said Message be referred to the Consideration of the next Session of Assembly—8th January 1760.

Sent the above Message by Mr. Coutanch and Mr. Ward.

Received from the Council the Bill to Impower and direct the Commissioners of the Districts herein mentioned to lay out and make new Roads. Endorsed 8th January 1760. In the Upper House read the third time and passed.

Ordered to be Engrossed.

Then the House Adjourned till to-morrow morning 9 oClock.


Wednesday the 9th January 1760. The House met according to Adjournment.

Resolved the following Message be sent to the Council vizt

Genn of His Majestys Honble Council.

The Chairman of the Committee of Public Accounts hath reported that Thomas Barker Esqr Public Treasurer of the Northern District has paid into the said Committee £516.12.8 on the Sinking Fund and that John Starkey Esq. Public Treasurer of the Southern District has paid into the said Committee £626.12.8 on the same Fund This House have Appointed a Committee of the whole house to see the several sums burnt at the House of John Campbell in Wilmington at one oClock this day and desire you will please to appoint a Committeee of your Members to be present and see the same done accordingly.

By Order
Wm Herritage Clk.

9th January 1760.
Sent by Mr. Davis and Mr. Smith.
-------------------- page 198 --------------------

Thomas Barker Esq. Public Treasurer of the Northern District having paid into the Committee of Public Accounts in Treasurers Notes redeemable the 10th day of December 1758 £1275 principal exclusive of Interest, and in said notes redeemable the 10th of November 1757 £80 Exclusive of Interest and also in said Notes redeemable the 29th September 1758 £328 Exclusive of Interest, And that John Starkey Esqr Public Treasurer of the Southern District having also paid in Treasurers notes of the first Emission £490 Exclusive of Interest and in said notes of the second Emission £2550 Exclusive of Interest and also in said notes of the third Emission £271.10 Exclusive of Interest which said several sums amount to £4994.10 This House have resolved that the said sums be paid to the aforesaid John Starkey Esqr Treasurer of the Southern District by the Chairman of the said Committee and be applied to the purposes directed by the Bill passed this session of Assembly for Granting an Aid to His Majesty for paying and subsisting the forces and Militia &c.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys Honble Council

This House have resolved That the several sums paid by the Public Treasurer of the Northern District in Treasurers Notes redeemable the 10th December 1758 £1275 and in said notes redeemable the 10th November 1757 £80 and also in said notes redeemable the 29th September 1758 £328 all exclusive of Interest by John Starkey Esqr Public Treasurer of the Southern District in Treasurers Notes of the first Emission £490 in said notes of the second Emission £2550, and also in said notes of the third Emission £271.10 Exclusive of Interest also which said several sums This House have resolved be paid into the hands of John Starkey Esqr Public Treasurer of the Southern District by the Chairman of the said Committee and be applied to the purposes directed by the Bill passed this Session of Assembly for Granting an Aid to His Majesty for paying and subsisting the forces and Militia now in the pay of this province and for other purposes to which desire your Honors Concurrence.

SAMl SWANN Speaker.
By Order
Wm Herritage Clk.

9th January 1760.

Received from the Council the following Message Vizt

-------------------- page 199 --------------------

Mr. Speaker & Gentn of the Assembly.

In answer to your Message of this day relative to burning the several sums paid into the Committee of Accounts on the sinking fund This House have resolved that a Committee of the whole house join your Committee to see the same done agreeable to your Message


9th January 1760.

Resolved, that it be an Instruction to the Public Treasurers That they for the future keep an Account for every Sheriff within their respective Districts Annually and therein Debit such Sheriff for all the Taxes wherewith he stands Chargable and State the Ballance due to the Public (if any) and that such Accounts be kept in proper Books to be provided for that purpose and from time to time laid before the General Assembly for the Approbation

Received the following Message from the Council Vizt

Mr. Speaker and Gentlemen of the Assembly

This House upon perusal of the report of the Committee of Claims are of Opinion That Mr. Gregg be allowed the sum of £10 for Ground rent and the use of his wharf for two years. Also That he be allowed the sum of £18.13.4 the ballance due to him on his Agreement with the Committee of Council for the Care of the Horses &c until the first of December, 1757.

And also that he be allowed as Storekeeper Commissioned by Order of his Majesty the sum of fifty pounds p annum instead of £12 which your House have allowed and which we cant think an Equivalent for his Service to all which if your House agree we shall pass the Claims


9th Janry 1760.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

This House upon considering your Message relative to making allowance to Mr. Gregg for the matters Contained therein therefore cant Agree to your Proposals and desire you will pass the Claims as they went from this House.

SAMl SWANN Speaker
By Order
Wm Herritage Clk

9th Janry 1760.
-------------------- page 200 --------------------

Sent by Mr. Harris and Mr. Churton.

Received from the Council the Message of this day, sent to them regarding the Treasurers Notes &c. Endorsed 9th January 1760. In the Upper House—Concurred with.

JAS HASELL P. C.

The Chairman of the Committee of Accounts paid in the House to John Starkey Esqr Public Treasurer of the Southern District The Treasurers Notes which were paid into the said Committee mentioned in and Agreeable to the Resolve of the House of this day.

His Excellency the Governor sent a Message requiring the attendance of this house in the Council Chamber with what Bills are Engrossed

Mr. Speaker Attended by the House waited on His Excellency the Governor in the Council Chamber and Mr. Speaker presented him the following Engrossed Bills

1. The Bill for Granting an Aid to his Majesty for paying and subsisting the forces and Militia now in the pay of this Province &c.

2. The Act for appointing Vestries

3. The Act for Erecting part of the Counties of Bertie Chowan and Northampton into a County and Parish

4. The Act to amend an Act for Appointing Sheriffs &c.

5. The Act to Impower Lawrence Thompson late Sheriff of Orange to Collect and receive a tax of 2 shillings proc Money &c

6. The Act to Enlarge the time for saving Lotts in Halifax.

7. The Act to enable Wm Dry Esq to finish Fort Johnston &c

8. The Act to enable the Commissioners of Port Bath and Port Beaufort to amend the Navigation.

9. The Act to Impower and direct the Commissioners of the Several Districts herein mentioned to make new Roads &c.

10. The Act to Establish Ware Houses for Inspection of Tobacco in Dobbs County &c

11. The Act to Amend an Act Intitled an Act for Building and maintaining a Court House prison and Stocks in every County in this Province &c

12. An Act for Appointing Commissioners for finishing the Court House already begun in the Town of New Bern &c.

13. An Act for Establishing a Town on the Land formerly Granted to Wm Churton Gent on the North side of the River Enoe in the County of Orange.

To which 13 Bills his Excellency was pleased to Assent and then dissolved this Assembly.



Additional Notes for Electronic Version: This document was enclosed in a letter from Arthur Dobbs - See Related Documents.