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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
March 31, 1761 - April 23, 1761
Volume 06, Pages 638-661

LEGISLATIVE JOURNALS.
[B. P. R. O. North Carolina. B. T. Vol. 33.]
North Carolina—ss.

At an Assembly begun and held at Wilmington the Thirty first day of March in the year of our Lord One thousand Seven hundred and Sixty One, and in the first year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender of the faith &c. being the first Session of this Assembly.

In the Upper House.
Present.
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

This House have appointed Richard Jones their Mace Bearer in the room of John Teer, deceased and

John Beswick Serjeant at Arms in the Room of Richard Jones.

Then the House adjourned till 3 O'clock in the afternoon.


Tuesday afternoon. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

Then His Excellency the Governor came to this House and Commanded the attendance of the lower House of Assembly, who accordingly

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attended, when his Excellency was pleased to deliver to both Houses the following Speech, to wit,

Gentlemen of His Maj. Council Mr. Speaker & Gentlemen of the Assembly

The sudden and unexpected Death of His late Majesty of Glorious Memory, and his present Majesty's happy Accession to the Crown which Occasioned a Dissolution of the late Elected Assembly, having been notified to me by the Lords of His Majestys Privy Council of Great Britain—in form, and at the same time having received a letter from General Amherst acquainting me that he had letters from Mr. Secretary Pitt, that his Majesty would Continue the War with Vigour in America to drive the French from this Continent and that he had reason to believe that I should soon receive Orders from his Majesty as well as the other Provinces to raise forces to finish the plan of the War in America I thought it my duty to call a New Assembly to meet as soon as possible to be ready to obey and communicate such orders as I should receive. But not having since received any further advice or orders and it being now too late to raise any forces to be of any use against the Cherokees as the opperations will be over, or a peace be made with them before our Troops could be armed and accoutred, I have nothing at present to lay before you from his Majesty unless I shall receive dispatches or orders during the Session which I hope will be a short one, I shall only recommend to you to prepare at present such Bills as you may find necessary for the Internal peace and Improvement of the Colony untill the usual time of Meeting next Winter; and in case any thing material Occurs during the Session, I shall lay it before you, not desiring to detain you longer than is necessary at this Season of the year.

Having received Information this day that I can depend upon, that General Amherst has received Instructions about the opperations to be undertaken on this Continent the ensuing Campaign from his Majesty and daily expect His Majesty's Orders upon it, I shall loose no time when they arrive to lay his Majestys Orders before you.

This House having taken into consideration his Excellency's Speech Ordered it to be read, which was accordingly done.

Then the Honble Lewis De Rossett and Maur Moore Esqrs were appointed a Committee to draw up an address in Answer to His Excellency's Speech.

Then the House adjourned till tomorrow Morning 10 o'clock.

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Wednesday Morning April 1st 1761. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis DeRossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

The Committee appointed by this House to draw up an address in answer to His Excellency the Governor's Speech Reported that they had prepared the same, which was ordered to be read,

The same was read and approved of, and Resolved that the same stand the Address of this House and be Entered on the Journal thereof as follows Vizt

May it please Your Excellency

We the Members of His Majesty's Council return you our thanks for your Speech at the opening of this Session.

We beg leave, Sir, Most sincerely to condole with your Excellency on the Death of our late Sovereign of blessed and Glorious Memory, whose mild and Equitable Government, influenced by the strictest Justice and accomplished virtue will be ever had in gratefull Remembrance; A Monarch from whose Wisdom and Tender care of His Most distant Subjects is derived to North America the pleasing prospect of a secure and peaceable Enjoyment of our Religion, Liberties, and a fertile Country. But Sir, amidst our unfeigned sorrow what thanks and praises are we in Duty Bound to offer up to the Great and Supreme Director of the Universe who while he has been pleased to take to himself the best of Kings hath graciously provided a Prince to preside over us, from whose Virtue Abilities and Natural Attachment to the People committed to his care may justly be Expected that Felicity and Oppulence to the British Nation that can only be produced by a Wise and beneficient Government. We therefore most heartily congratulate your Excellency On the Accession of our present King to the throne of His Ancestors and with great fervency pray that almighty God may render his Adminstration long and Happy.

Your Excellency has been pleased to signifye to both Houses that you have been advised of His Majesty's Design to prosecute the Warr with the utmost Vigour We would therefore beg leave to observe to your Excellency that the present meeting of the Assembly seems to be a most seasonable and convenient opportunity to make such provision as may be necessary to further any intended operations

-------------------- page 641 --------------------
in America as in all probability it cannot be long before an Aid will be requisite when perhaps the Slow Meetings of the Assembly and time which must be spent in Levying Troops, will render such a Grant too late to be serviceable.

Your Excellency may Depend on our ready and Chearfull Concurrence with every measure that may be entered upon by the Assembly for Securing his Majestys Just rights and possessions, Or the Peace happiness and prosperity of this Province.

Received from the Assembly by Mr. Taylor and Mr. Miller the following Bills, to wit,

A Bill to Enable the Inhabitants of         to drain their low Lands.

On motion read the first time and passed.

A Bill to Impower the Inhabitants of several Parishes within this Province that have no legal Vestry within their respective parishes to meet and Elect Vestrys.

On motion read the first time and passed.

Then the House adjourned till 4 o'Clock in the afternoon.


Wednesday afternoon The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis DeRossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

Received from the Assembly the following Message

Gentlemen of His Majesty's Honble Council

This House have appointed Mr. John Starkey Mr. Bartram Mr. Benton Mr. Osborn Mr. Howe Mr. Baker Mr. Smithwick a Committee of this House to settle and allow Public Claims in Conjunction with such of your Honours as you shall think proper to appoint

SAMl SWANN Speakr
By Order
Wm Herritage Clk

On Motion Ordered, that the following Message be sent to the Assembly,—

Mr. Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committee, we have appointed the Honble John Swann, John Dawson and Maurice

-------------------- page 642 --------------------
Moore Esqrs a Committee of this House to settle and allow the Public Claims.


April 1st 1761.

Then the House adjourned till to-morrow Morning 10 o'clock


Thursday Morning April 2nd 1761. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis DeRossett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

This House waited on His Excellency and by the Honble James Hasell Esqr presented him with their address, to which his Excellency was pleased to make the following answer to wit

I return you thanks for your sincere address of condolence upon his late Majesty's Death of Glorious Memory and hearty Congratulation of his Majesty's Happy Accession to the Throne—and also for your readiness in preparing Bills for the raising Troops in case I should have Orders from his Majesty to raise any in this Province to finish the American War.

Received from the Assembly by Mr. Palmer and Mr. Taylor the following Bills, to wit,

A Bill for altering the times of holding the Superior Courts of Pleas and Grand Sessions for the Districts of Wilmington and New Bern and also the Inferior Courts of Pleas and Quarter Sessions in the Counties of Orange Duplin and Carteret and for other purposes.

On Motion, Ordered that the said Bill be read, read the same the first time and passed.

A Bill for the better regulating the offices of the several Clerks of the Inferior Courts of Pleas and Quarter Sessions.

On Motion Ordered that the said Bill be read; read the same the first time and passed.

A Bill for altering the Method of working on the roads and appointing Public Ferries within the County of Duplin.

On Motion Ordered that the said Bill be read; read the same the first time and passed.

A Bill to amend and improve the Navigation from Currituck Inlet through the District in Currituck County to Albemarle Sound.

On Motion Ordered to be read; read the same the first time and passed.

Then the House Adjourned till 4 o'clock in the afternoon.

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Tuesday [Thursday] afternoon The House met according to adjournment

Present as before, and then adjourned till 9 o'clock tomorrow Morning.


Fryday morning 3d April 1761. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

Received from the Assembly the following Message

Gentlemen of His Majesty's Honble Council,

This House have appointed Mr. Harnett Mr. Leach Mr. Corbin Mr. Coutanch Mr. Harris Mr. Respis and Mr. George Pollock Members of this House a Committee thereof to state and settle the Public Accounts of this Province in Conjunction with such of your House as your Honrs. shall think proper to appoint.

JOHN SWANN Speaker.
By order Wm Herritage Clk.

2nd April

On Motion Ordered that the following Message be sent to the Assembly

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message relative to the Committee of Accounts we have appointed the Honble Lewis De Rossett and Richard Spaight Esqrs a Committee of this House to state and settle the Public Accounts.

Then the House adjourned till 4 o'clock in the afternoon.

The House met according to Adjournment.

Present as before

Then the House adjourned till Monday Morning 10 o'clock.


Monday April 6th 1761. The House met according to adjournment.

Present as before

Then the House adjourned till to Morrow Morning 10 o'clock.

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Tuesday Morning April 7th 1761 The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

Received from the Assembly by Mr. Fonville & Mr. Miller the following Bills, to wit.

A Bill for Dividing the County of New Hanover and Erecting that part thereof called St. Phillips Parish situated on the South West side of Cape Fear River into a seperate County by the name of          County.

On Motion, Ordered that the said Bill be read, read the same the first time amended and passed.

A Bill for altering the times of holding the Superior Court of Pleas and Grand Sessions for the District of New Bern And also the Inferior Court of Pleas and Quarter Sessions in the Counties of Orange and Carteret and for other purposes.

A Bill to Impower the Inferior Court of Pleas and Quarter Sessions for the County of Northampton to Lay a Tax to pay sundry Persons who have suffered by the Burning of Paces Ware-house in the said County and other purposes

On Motion, Ordered that the said Bill be read, read the same the first time and passed.

A Bill for altering the Method of working on the Roads and appointing Public Ferries within the County of Duplin.

A Bill for Building a Court House in the Town of New Bern for the County of Craven, for raising a Tax and appointing Commissioners for Building the same and for repealing an Act passed at Wilmington the 20th Novr 1759, Entitled an Act for appointing Commissioners for Finishing the Court House already began in the Town of New Bern and for other purposes.

On Motion, read the first time and passed.

A Bill for Amending an Act Intituled an Act for Dividing the Parish of Saint Johns in Granville County.

On Motion, read the first time and passed.

A Bill to compell the Attendance of the Members of the Assembly of this Province already Elected or hereafter to be Elected within the same.

On Motion, read the first time and passed.

A Bill for Enlarging the time for Inspection of Tobacco, at the

-------------------- page 645 --------------------
Public Ware House in the Town of Tarborough in the County of Edgcomb and for Encreasing the Salaries of the Inspectors thereof.

On Motion read the first time and passed.

A Bill to Dock the Entail of Certain Lands therein mentioned Vesting the Fee simple thereof in Blake Baker and for settling other Lands in lieu thereof to the same Uses;

On Motion Ordered that the said Bill be read; read the same the first time and passed.

A Bill to Amend and Improve the Navigation from Currituck Inlet through the District of Currituck County to Albemarle Sound.

On Motion; Read the Second time amended & passed.

A Bill to appoint Commissioners of the Roads for a Certain District in Bladen County.

Then the House adjourned till 4 o'Clock in the afternoon.

Met According to adjournment

Present as before

Received from the Assembly by Mr. Lemmon and Mr. Lee the following Bills, to wit,

A Bill to Impower Joseph Howell to Build a Bridge over Tarr River at the Town of Tarborough at the Place where a Bridge was formerly Built.

On motion Read the first time and passed.

A Bill to continue an Act Entitled an Act for Killing Squirrels in certain Counties therein mentioned.

On motion, read the first time and passed.

A Bill for adding part of Orange County to Johnston County and for ascertaining the Dividing Line between the said Counties.

An Additional Bill to an Act Intitled an Act to make Provision for Paying the Chief Justice and Attorney General's Salaries and Defraying the Contingent Charges of Government.

On motion, read the first time and passed.

A Bill to appoint Commissioners to Improve and Amend the Navigation of New River in Onslow County to raise a fund by way of Lottery to defray the Expense thereof.

On motion Ordered that the said Bill be read, read the same the first time amended and passed.

Then the House adjourned till 10 oClock tomorrow morning.

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Wednesday Morning April 8th 1761.
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr &
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

On motion Ordered that the following Bills be read:

A Bill for altering the times of holding the Superior Court of Pleas and Grand Sessions for the District of New Bern and also the Inferior Court of Pleas and Quarter Sessions in the Counties of Orange and Carteret and for other purposes.

On motion, read the second time and passed.

A Bill for altering the Method of Working on the Roads and appointing Public Ferries within the County of Duplin.

On motion read the second time and rejected.

A Bill to appoint Commissioners of the Roads for a Certain District in Bladen County.

On motion read the first time amended and passed.

Recd from the Assembly by Mr. Pollock and Mr. Coutanch a Bill to Impower the Inhabitants of Several Parishes within this Province that have no legal Vestry within their respective Parishes to meet and Elect Vestries.

On motion read the second time amended and passed.

Then the House adjourned till 4 o'clock in ye afternoon.

The House met according to adjournment.

Present as before.

Recd from the Assembly by Mr. Robeson and Mr. Sykes the following Bills, to-wit:

A Bill for altering the times of holding the Superior Court of Pleas and Grand Sessions for the District of New Bern and also the Inferior Courts of Pleas and Quarter Sessions in the Counties of Orange & Carteret; and for other purposes.

On motion read the third time and passed.

Ordered to be Engrossed.

A Bill to Amend and Improve the Navigation from Currituck Inlet through the District in Currituck County to Albemarle Sound.

On motion read the third time and passed.

Ordered to be Engrossed.

A Bill for Enlarging the time for Inspection of Tobacco at the Public Ware House in the Town of Tarborough in the County of Edgcomb and for Encreasing the Salaries of the Inspectors thereof.

-------------------- page 647 --------------------

On motion Ordered to be read, read the same the second time and passed.

A Bill for amending an Act Intitled an Act for Dividing the Parish of Saint Johns in Granville County.

On motion read the second time and passed.

A Bill to continue an Act Intitled an Act for Killing squirrels in certain Counties therein mentioned.

On motion; Ordered that the same be read; read the second time and passed.

A Bill to prevent the Exaction of Illegal and Exorbitant Fees in Levying Executions by Sheriffs and other Officers.

On motion; read the first time Amended and passed.

Reced from the Assembly by Mr. Osborn and Mr. Bartram the following Bills, to wit,

A Bill to appoint Commissioners of the Roads for a certain District in Bladen County

On Motion, read the Second time Amended and passed

A Bill to appoint Commissioners to Improve and Amend the Navigation of New River in Onslow County, to raise a fund by way of Lottery to defray the Expence thereof.

On motion read the Second time and passed.

A Bill for building a Court House in the Town of New Bern for the County of Craven, for raising a Tax and appointing Commissioners for Building the same, and for repealing an Act passed at Wilmington the 20th November 1759 Entitled an Act for appointing Commissioners for finishing the Court House already began in the Town of New Bern and for other purposes.

On Motion read the Second time And Ordered to lye on the Board for further Consideration.

Then the House adjourned till 10 o'Clock to Morrow Morning.


Thursday Morning 9th April 1761. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

Recd. from the Assembly by Mr. Miller and Mr. Houston the following Bills to wit,

A Bill for Enlarging the time for Inspection of Tobacco at the

-------------------- page 648 --------------------
Public Ware House in the Town of Tarborough in the County of Edgcomb and for Increasing the Salaries of the Inspectors thereof.

On Motion; read the third time and passed.

A Bill to Impower the Commissioners of the Roads in several Counties in this Province to turn and alter Roads when they may Judge Convenient or usefull.

On Motion read the first time amended and passed.

A Bill to Continue an Act Entitled an Act for Killing Squirrels in certain Counties therein mentioned

On Motion; read the third time and Rejected.

A Bill to prevent the Exacting of Illegal and Exorbitant Fees in Levying Executions by Sheriffs and other Officers.

On Motion, read the Second time amended & passed.

A Bill for Amending an Act Intitled an Act for Dividing the Parish of Saint Johns in Granville County.

On Motion, read the third time, and Ordered to lie for Consideration.

Then the House adjourned till 4 o'Clock in the afternoon.

Met according to adjournment.

Present as before

Then the House Adjourned till 10 o'Clock to Morrow Morning.


Fryday Morning April 10th 1761.
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

Reced. from the Assembly by Mr. Benton and Mr. Whitehall the following Bills, to wit

A Bill to Dock the Intail of certain Lands therein mentioned Vesting the Fee simple thereof in Blake Baker and for settling other Lands in lieu thereof to the same Uses.

On Motion; read the second time amended and passed.

A Bill for an Additional Act to an Act Intitled an Act to make Provision for Paying the Chief Justice and Attorney Generals Salaries and defraying the Contingent Charges of Government.

On Motion read the second time and passed.

Reced. from the Assembly by Mr. Beaseley and Mr. Brown a Bill for the better regulating the Offices of the several Clerks of the Inferior Courts of Pleas and Quarter Sessions.

Then the House adjourned till tomorrow Morning 10 o'Clock

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Saturday Morning April 11th 1761. The House met according to Adjournment.
Present.
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd. Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur. Moore Esqr.

Then the House adjourned till Monday Morning 10 o'Clock.


Monday April 13th 1761. The House met according to adjournment.
Present.
The Honble Jas Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble Jno Dawson Esqr
The Honble Maur. Moore Esqr.

On Motion, the Bill for Amending an Act Intitled an Act for Dividing the Parish of Saint Johns in Granville County, was put, and passed. Ordered to be Engrossed.

On Motion; the Bill for adding part of Orange County to Johnston County and for Ascertaining the Dividing Line between the said Counties, was read the first time and passed.

Reced from the Assembly by Mr. Sampson and Mr. Palmer, the following Bills, to wit,

A Bill to Dock the Intail of Certain Lands therein Mentioned Vesting the Fee simple thereof in Blake Baker and for settling other Lands in lieu thereof to the same uses;

On Motion, read the third time and passed. Ordered to be Engrossed.

A Bill to Impower the Inferior Court of Pleas and Quarter Sessions for the County of Northampton to lay a Tax to pay sundry persons who have suffered by the Burning of Pace's Ware House in the said County and other purposes.

On Motion, read the second time amended and passed.

Reced. from the Assembly by Mr. Howe and Mr. Ashe the following Bills, to wit,

A Bill to appoint Commissioners of the Roads for a Certain District in Bladen County.

On Motion, Ordered to be read, read the same the third time and passed. Ordered to be Engrossed

A Bill to Impower the Inhabitants of several Parishes within this Province that have no legal Vestry within their respective Parishes to meet and Elect Vestries.

-------------------- page 650 --------------------

On Motion; read the third time and passed. Ordered to be Engrossed.

A Bill to Impower Joseph Howell to Build a Bridge over Tarr River at the Town of Tarborough, at a Place where a Bridge was formerly Built;

On Motion, Ordered to be read, read the same the second time and rejected.

A Bill to prevent the Exacting of Illegal and Exorbitant Fees in Levying Executions by Sheriffs and other Officers.

On Motion read the third time and passed

Ordered to be Engrossed.

A Bill to appoint Commissioners to Improve and Amend the Navigation of New River in Onslow County, to raise a fund by way of Lottery to defray the Expence thereof,

On Motion, read the third time and passed. Ordered to be Engrossed.

A Bill for Adding that part of the Road belonging to the North East District in New Hanover County, called Negro head point to the Wilmington District.

On Motion read the first time & passed.

Reced from the Assembly by Mr. Osborn and Mr. Bartram a Bill for Building a Court House in the Town of New Bern for the County of Craven, for raising a Tax and appointing Commissioners for Building the same. And for repealing an Act passed at Wilmington the 20th Novr 1759 Entitled an Act for appointing Commissioners for finishing the Court House already began in the Town of New Bern and for other purposes.

On Motion read the second time and passed.

Then the House adjourned till 10 o'Clock tomorrow Morning.


Tuesday Morning April 14th 1761. The House met according to adjournment.
Present.
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr

Reced from the Assembly by Mr. Ashe and Mr. Baker the following Bills, to wit,

A Bill to Impower the Inferior Court of Pleas and Quarter Sessions for the County of Northampton to lay a Tax to pay sundry persons

-------------------- page 651 --------------------
who have suffered by the Burning of Pace's Ware House in the said County and other purposes.

On Motion, read the third time and passed. Ordered to be Engrossed.

A Bill for adding part of Orange County to Johnston County and for Ascertaining the Dividing line between the said Counties.

On Motion, read the Second time Amended and passed.

A Bill for an Additional Act to an Act Intitled an Act to make provision for paying the Chief Justice and Attorney General's Salaries and Defraying Contingent Charges of Government.

On Motion; read the third time and passed. Ordered to be Engrossed.

A Bill for adding that part of a Road belonging to the North East District in New Hanover County called Negrohead Point to the Wilmington District.

On Motion; read the second time and passed.

On Motion; the Bill for the better regulating the Offices of the several Clerks of the Inferior Courts of Pleas and Quarter Sessions, was read the second time; and Ordered to Lie for Consideration till the first of May.

Reced from the Assembly by Mr. Howe and Mr. Ashe the following Message, to wit,

Gentlemen of His Majesty's Honble Council,

On reading the Petition of James Davis Printer setting forth that by a Resolve of the several Branches of the Legislature at an Assembly held in June last he was Continued Printer to this Province from thence to the End of the next Session of Assembly which terminated in December last.

Praying to be allowed for half a year's Salary due to him from the Public since the Expiration of late law appointing him Printer to this Province down to December last, at which time the present Law for Continuing him Printer to this Province did take place

This House have Resolved that the said James Davis be paid by the Public Treasurers the sum of Eighty pounds Proclamation Money so due to him, And Desire your Honors Concurrence thereto.

By Order
Wm. HERRITAGE Clk.

11th April 1761
.

Received from the Assembly by Mr. Leech and Mr. Bartram the following Bills, to wit,

-------------------- page 652 --------------------

A Bill for Adding that part of a Road belonging to the North East District in New Hanover County called Negrohead point to the Wilmington District.

On Motion read the third time and passed. Ordered to be Engrossed

A Bill for adding part of Orange County to Johnston County and for Ascertaining the Dividing Line between the said Counties.

On Motion, read the third time and passed. Ordered to be Engrossed.

A Bill for Building a Court House in the Town of New Bern for the County of Craven for raising a Tax and appointing Commissioners for Building the same and for Repealing an Act passed at Wilmington the 20th Novr 1759, Entitled an Act for appointing Commissioners for Finishing the Court House already began in the Town of New Bern and for other purposes.

On Motion read the third time and Ordered that the following Message be sent to the Assembly, to wit,

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the “Bill for Building a Court House in the Town of New Bern &c.” We would desire that the Dementions of the Court House for the said County not Exceeding Fifty Feet long and thirty feet wide in the Clear, be altered to “not Exceeding Sixty feet long and forty feet wide in the Clear” as such alteration will make it much more convenient for the sitting of the Courts and Jury rooms And also be Attended with very little more expence; to which alteration if your House agree, please to send some of your Members to see the same done

Then the House adjourned till tomorrow Morning 10 o'Clock.


Wednesday Morning April 15th 1761. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur Moore Esqr

Recd. from the Assembly by Mr. Leech and Mr. Graves the following Message, to wit

Gentlemen of His Majesty's Honble Council

In answer to your Message of this day regarding the Alteration you desire to have made in the Bill for Building a Court House in

-------------------- page 653 --------------------
the Town of New Bern &c, This House do agree thereto and have sent Mr. Leech and Mr. Graves two of the Members of this House to see such alteration made.

SAM1 SWANN Speaker.

By Order 15th Ap1 1761.
Wm Herritage Clk

The alteration proposed, in the foregoing Message, was made in the said Bill in the presence of Mr. Leech and Mr. Graves. Then the said Bill was put and passed. And Ordered to be Engrossed.

Then the House adjourned till 4 o'Clock in the afternoon.

Wednesday afternoon The House met according to adjournment

Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr
The Honble Maur Moore Esqr

Then the House adjourned till tomorrow Morning 10 o'clock


Thursday Morning April 16th 1761. The House met according to adjournment
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr
The Honble John Dawson Esqr
The Honble Chas Berry Esqr
The Honble Maur Moore Esqr

Then the Message relative to James Davis Printer to this Province of the 11th of this Month was taken into Consideration and Ordered to be read, which was Accordingly done and Concurred with.

Received from the Assembly the Reports of the Committee of Accounts which were Read and Concurred with Except the Three Hundred pounds in the within report mentioned to be due to Mr. Abercromby for his Agency, which we can by no means agree to, as he was not an Agent duly Authorized by Act of Assembly but only Impowered by a Resolve of the lower House of Assembly.

Reced from the Assembly the Reports of the Committee of Claims, which were read and Concurred with.

Then the House adjourned till 10 o'Clock tomorrow Morning.


Fryday morning April 17th 1761. The House met according to adjournment
-------------------- page 654 --------------------
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr
The Honble Chas Berry Esqr
The Honble Maur Moore Esqr

Received from the Assembly by Mr. Howe and Mr. Dry a Bill for Granting to His Majesty an Aid of £16,494 Proclamation Money for raising Cloathing and paying Five hundred effective Men exclusive of Officers to be employed as his Majesty or the General or Commander in Chief of his forces in America shall direct or appoint and for appointing an Agent to represent to his Majesty and his Ministers the Loyalty dutifull behaviour and Zeal of this House for his Mjesty's service and also lay before them proper documents of the Charges and Expences this Province hath been or shall be at in his Majesty's service during the present war and to solicit the affairs of this Province at the several Boards in England and other purposes.

On motion read the first time and passed.

Reced from the Assembly by Mr. McCulloh and Mr. Pollock a Bill to Impower the several Superior and Inferior Courts within this Province to admit a Copy of the last Will and Testament of any person deceased in Evidence.

On motion read the first time and passed.

Then the House adjourned till 10 o'Clock to morrow morning.


Saturday Morning April 18th 1761. The House met according to adjournment
Present
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
The Honble John Dawson Esqr
The Honble Chas Berry Esqr
The Honble Maur Moore Esqr

Reced from the Assembly by Mr. Howe and Mr. Sampson a Bill for granting to His Majesty an Aid of £20,000 Proclamation Money for raising Cloathing and paying Five hundred effective Men exclusive of Officers to be Employed as His Excellency the General or Commander in Chief of His Majesty's forces in America or His Excellency the Governor or Commander in Chief of this Province shall direct or appoint for Paying or subsisting Fifty Men & Officers now in Garrison and for appointing an Agent to represent to His Majesty and His Ministers proper Documents of the Charges and Expences this Province hath been at or shall be at in His Majesty's

-------------------- page 655 --------------------
service during the present Warrs, and to Solicit the affairs of this Province at the several Boards in England, and other purposes.

On motion, Read the Second time amended and passed

Then the House adjourned till Monday Morning 10 o'clock


Monday Morning April 20th 1761.

The House met according to adjournment.

Present
The Honble James Hasell Esqr
The Honble Richd Spaight Esqr
The Honble John Swann Esqr
The Honble Chas Berry Esqr
The Honble John Dawson Esqr and
The Honble Lewis De Rossett Esqr
The Honble Maur Moore Esqr

Reced from the Asssmbly by Mr. Pollock and Mr. Houston a Bill to Impower the several Superior and Inferior Courts within this Province to admit a copy of the last Will and Testament of any person deceased in Evidence.

On motion; Read the recond time Amended and passed.

Then the House adjourned till tomorow Morning 10 oClock.


Tuesday Morning 21st 1761. The House met according to adjournment.

Present as above

Reced. from the Assembly by Mr. Barrow and Mr. Coutanch the Bill for Granting to His Majesty an Aid of £20,000 Proclamation Money &c.

Reced from His Excellency the Governor His Majesty's Instructions dated 1761 which were read and Ordered to be Entered on the Journals, as follows to-wit

“And Whereas the Members of the several Assemblys in the Plantations have frequently assumed to themselves Privileges no ways belonging to them, especially of being protected from Suits at Law during the Term they remain of the Assembly to the great Prejudice of their Creditors and the Obstruction of Justice and some have presumed to adjourn themselves at Pleasure without leave from our Governors first obtained and others have taken upon them the Sole framing of Money Bills refusing to let the Council alter or amend the same, all which are very Detrimental to our Prerogative, If upon your calling an Assembly in North Carolina you find them insist upon any of the above said Privileges you are to signifye to them that it is our Express Will and

-------------------- page 656 --------------------
Pleasure that you do not allow any Protection to any Members of the Council or Assembly further than in their persons, and that only during the sitting of the Assembly; and that you are not to allow them to adjourn themselves otherwise than De Die in Diem except Sundays and Holidays without leave from you or the Commander in Chief for the time being first obtained; and that the Council have the like power of Framing Money Bills as the Assembly.”

Reced from the Assembly by Mr. Benton and Mr. Robeson a Bill to Impower the several Superior and Inferior Courts within this Province to admit a copy of the last Will and Testament of any person Deceased in evidence.

On motion Ordered that the following Message be sent to the Assembly,

Mr. Speaker and Gentlemen of the Assembly

On reading the Bill for Granting an Aid to His Majesty &ca We think it necessary that some of His Majesty's Council should be Joyned with those of your House in the Committee of Correspondence and have accordingly named the Honobls John Swann Lewis De Rossett and Maur Moore Esqrs to be of the same to which if you agree you are desired to send some of your Members to see the names of said Gentlemen Incerted in the Bill.


21st April 1761.

Recd from the Assembly the following Message to wit

Gentlemen of His Majestys Honble Council

In answer to your Message relative to the adding the Honble John Swann Lewis De Rossett and Maur Moore Esqrs to the Committee of Correspondence in the Aid Bill mentioned this House agree thereto and have sent Mr. Ashe and Mr. Howe two of the Members thereof to see those Gentlemens names inserted in the said Bill.

SAMl SWANN Speaker.

By order 21st April 1761.
Wm Herritage Clk.

The Gentlemens names proposed in the above Message were inserted in the said Bill in the presence of Mr. Ashe and Mr. Howe and then the said Bill was put and passed.

Ordered to be Engrossed.

-------------------- page 657 --------------------

On motion, ordered that the following Message be sent to the Assembly,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to Impower the several Superior and Inferior Courts within this Province to admit a Copy of the last Will and Testament of any person Deceased in Evidence We find that you have Obliged the Secretary or his Deputy to attend with the Original Wills Instead of which we would propose that the Secretarys Clerk attending with such Will certifyed upon the back by the Secretary or His Deputy sworn to before any Magistrate that the same is the Original Will Lodged in his Office shall have the same effect as if the Secretary or His Deputy had personally attended. We also find that you have allowed for such attendance only Five shillings pr day a sum inadequate to the Expence and trouble of such service. We would therefore propose that the sum be allowed Seven Shillings and six pence pr day to which alteration if your House agree please to send such of your Members as you shall think proper to see the same made in the Bill.

Then the House adjourned till tomorrow Morning 10 oClock.


Wednesday Morning 22nd April 1761 The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble Richd Spaight Esqr
The Honble John Swann Esqr
The Honble Chas Berry Esqr
The Honble John Dawson Esqr
The Honble Maur Moore Esqr
The Honble Lewis DeRossett Esqr

Reced from the Assembly the following Resolves, to wit,


Tuesday the 14th April 1761.

Resolved That the Treasurers be impowered to Pay the Salaries of the Judges of the Superior Courts out of the Money they have in their Hands belonging to the Fund appropriated for Schools and Glebes and that the same shall be reinstated by Monies to be Collected on the Contingent Fund. And desire your Honrs Concurrence—

SAMl SWANN Speaker
By Order
Wm Herritage Clk

20th April 1761.
-------------------- page 658 --------------------

Tuesday 21st April 1761 In the Assembly.

Resolved That as there is not Money enough of the Contingent Fund in the Treasury to pay the allowances to the General Assembly, Servants thereof, the Claims of the Scouting parties on the Frontier of this Province and other public Demands which amount to a very considerable sum, it is necessary to borrow the remainder of the Glebe and School Money (after payment of the Judgess Salaries before resolved to be borrowed from that Fund) towards discharging the said allowances, Claims and other Demands. And that the same be replaced out of the Tax for the Contingent Fund as the same shall be paid in and Desire your Honrs Concurrence thereto.

SAMl SWANN Speaker
By Order
Wm Herritage.

21st April 1761.

Then the foregoing Resolves were taken into Consideration and Concurred wth

Received from the Assembly by Mr. Ashe and Mr. Palmer the following Message to wit,

Gentlemen of His Majesty's Honble Council

In answer to your Message relative to the Alterations you propose to the Bill to Impower the several Superior and Inferior Courts within this Province to admit a Copy of the last Will and Testament of any Person deceased in Evidence, This House cannot agree to those you mention, because as to the first, We think it too great a Trust to be reposed in any Private Clerk, and as to the Second we think Five shillings pr day a sufficient allowance to the Officer for travelling to and from and attending the said Court with the Original Will as directed by the said Bill.

SAMl SWANN, Speaker.
By Order
Wm Herritage Clk.

21st April 1761.

Then the above Message was Ordered to be read, read the same accordingly and the said Bill was On Motion put the third time and passed and Ordered to be Engrossed.

Reced from the Assembly their Estimate of Charges &c. of the last and present Sessions which on Motion was read and Concurred with.

Sent to the Assembly the Estimate of allowances &c. of this House

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for the last and present Sessions for their Concurrence and received it from the Assembly Concurred with.

Received from the Assembly the following Message to wit

Gentlemen of His Majestys Honble Council,

The Chairman of the Committee of Public Accounts hath received from John Starkey Esqre Public Treasurer of the Southern District the sum of £105.13.3 on the Sinking Fund and £513.1.3 in Treasurers Notes including Interest to be sunk by the Tax laid for that purpose.

This House have therefore appointed a Committee of the Whole House to see the said several sums burnt at the house of John Campbell in Wilmington at 10 o'Clock to Morrow Morning and desire you will please to appoint a Committee of your Members to see the same done accordingly.

SAMl SWANN Speaker.

By Order 22nd April 1761
Wm Herritage Clk.

On Motion, Ordered that the following Message be sent to the Assembly:

Mr. Speaker and Gentlemen of the Assembly,

On reading your Message of yesterday relative to the appointing of a Committee of our House to Joyn that of yours to see the Bills burnt, We have accordingly appointed the Honble Lewis De Rossett and Maur Moore Esqrs to see the same done.


23rd April 1761.

Then His Excellency the Governor came to this House and commanded the attendance of the Assembly whereupon the Speaker attended by the Assembly waited on His Excellency in the Council Chamber and presented him the following Acts for his Assent—Vizt

1st An Act for Granting to His Majesty an Aid of £20,000 Proclamation Money &ca

2d An Act for an Additional Act to an Act Intitled an Act to make Provision for paying the Chief Justice and Attorney Generals Salaries and defraying the Contingent Charges of Government.

3d An Act to Impower the Inhabitants of several Parishes within this Province that have no legal Vestry within their respective Parishes to meet and Elect Vestrys.

-------------------- page 660 --------------------

4th An Act to appoint Commissioners to further Improve and amend the Navigation of New River in Onslow County to raise a fund by way of Lottery to Defray the Expence thereof.

5th An Act to amend and Improve the Navigation from Currituck Inlet through the District in Currituck County to Albemarle Sound.

6th An Act to Impower the Inferior Court of Pleas and Quarter Sessions for the County of Northampton to lay a Tax to pay sundry Persons who have suffered by the Burning of Pace's Warehouse in the said County and other purposes.

7th An Act for altering the times of holding the Superior Courts of Pleas & Grand Sessions for the District of Newbern and also the Inferior Courts of Pleas & Quarter Sessions in the Counties of Orange and Carteret and for other purposes.

8th An Act for Building a Court House in the Town of Newbern for the County of Craven for raising a Tax and for appointing Commissioners for Building the same and for repealing an Act passed at Wilmington the 20th day of November 1759 Entitled an Act for appointing Commissioners for finishing the Court House already begun in the Town of New Bern and for other purposes.

9th An Act to prevent the Exacting of Illegal and Exorbitant Fees in Levying Executions by Sheriffs & other Officers.

10th An Act for amending an Act Intitled an Act for dividing the Parish of St John's in Granville County.

11th An Act for adding part of Orange County to Johnston County, and for ascertaining the Dividing line between the said Counties.

12th An Act for enlarging the time for Inspection of Tobacco at the Public Warehouse in the Town of Tarborough in the County of Edgcomb and for encreasing the Salaries of the Inspectors thereof.

13th An Act for adding that part of a Road belonging to the North East District in New Hanover County called Negrohead point, to the Wilmington District.

14th An Act to appoint Commissioners of the Roads for a certain District in Bladen County.

15th An Act to Impower the several Superior and Inferior Courts within this Province to admit a Copy of the last Will and Testament of any Person Deceased, to be given in Evidence.

16th An Act to Dock the Entail of certain lands therein mentioned Vesting the Fee simple thereof in Blake Baker and for settling other Lands in lieu thereof to the same uses.

To which Acts His Excellency was pleased to assent, except The Act for adding that part of a Road belonging to the North East

-------------------- page 661 --------------------
District in New Hanover County called Negrohead point to the Wilmington District.

Reced. from the Assembly the following Message to wit,

Thursday 23rd April 1761. In the Assembly.

Gentlemen of His Majesty's Honble Council,

Resolved That to expedite His Majesty's Service in raising Men to form the Regiment Directed by the Act of Assembly passed this Session of Assembly for Granting An Aid to his Majesty &ca. So much of the Public Money now in the Treasury belonging to any Fund be borrowed and applied towards the Service aforesaid and that the same be replaced by the Money to be Emitted by the aforesaid Act, and Desire your Honors Concurrence thereto.

SAMl SWANN, Speaker.
By Order
Wm Herritage Clk.

23rd April 1761.

On motion the above Resolve was read and concurred with.

Then His Excellency the Governor was pleased to prorogue (by Proclamation) this Assembly till the 19th day of November next.

Test

JNo BURGWIN Clk