Read a Memorial of Couchet Jouvencal in behalf of Blake Baker interested in an Act passed in North Carolina in 1761 for docking the intail of certain lands there and vesting the fee simple in the said Blake Baker.
The Secretary acquainted the Board that Mr. Sharpe Solicitor for and in behalf of John Lane interested in said Act had entered a Caveat against any Report for confirming the said Act until he had been heard upon it whereupon their Lordships agreed to take it into consideration on Friday the 11th inst. and the Secretary was ordered to give notice thereof to the parties concerned.
Their Lordships took into consideration an Act passed in the Province of North Carolina in 1761 entitled 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 together with Mr. Jouvencal's Memorial in behalf of the said Blake Baker mentioned in the Minutes of the 2d inst and Mr. Jouvencal attending without together with Mr. Joshua Sharpe Solicitor, praying to be heard in behalf of Mr. John Lane against the said Act they were called in and Mr. Jouvencal having laid before the Board a petition to His Majesty of the said John Lane duly authenticated praying that the Act may be confirmed Mr. Joshua Sharpe desired leave to withdraw his Caveat and it was Ordered that the Draught of a Representation to His Majesty should be prepared proposing that the said Act may be confirmed—agreed to and signed 15th March
Read a Memorial of Charles Berry Esqre Chief Justice of North Carolina setting forth his right to appoint Clerks of the several Courts in which he presides in that Colony which right he alleges has been invaded by a person who has obtained a Commission from His Maj. to be Clerk of the Pleas in that Colony.
The appointment referred to and complained of not appearing to be entered upon record in or any ways notified to the Office their Lordships did apprehend the subject matter of the said Memorial was not regularly before them.
Read an Order of the Lords of the Comtee for Plantation Affairs
Ordered that the Draught of an Instruction be accordingly prepared and also the Draught of a Report to the Lords of the Committee thereupon—signed 29th March
Their Lordships directed that the Order of the Lords of the Comtee of Council referring the Extract of a letter from the Governor of North Carolina proposing an alteration in his Instructions relative to the Lands granted to Murray Crimble and James Huey and their Associates, which Order was appointed to be taken into consideration tomorrow, be taken into consideration at some other opportunity.
Ordered that the Order of the Lords of the Committee for Plantation Affairs mentioned in the Minutes of 23d March last referring to this Board an extract of a letter from the Governor of North Carolina concerning the 74th Article of his Instructions relative to the Lands granted in 1737 to Murray Crymble and James Huey be taken into consideration on Friday morning and that notice be given to Mr. McCulloch who appears to be concerned in interest in those lands to attend.
Their Lordships then took into consideration the Order of the Lords of Committee for Plantation Affairs referring to this Board for their consideration and opinion an extract of a letter from the Governor of North Carolina concerning the lands granted to Murray Crymble and James Huey in 1737 and Mr. McCulloch concerned in interest in the said lands attending as desired he was called in and their Lordships having had some conversation with him upon the subject matter of the Governor's letter he withdrew and it was Ordered that the Draught of a Report to the Lords of the Committee of Council should be prepared—which was agreed to and ordered to be transcribed on May 3d and was signed on May 6th
Read the following letters and papers received from the Governor of North Carolina Viz:
Letter from Gov Dobbs dated 30 Apl 1762 acquainting the Board that he had dissolved the Assembly upon their refusal to grant an aid to His Majesty and of his proceedings in consequence thereof.
Letter from Gov Dobbs dated 23d Feb. 1763 acquainting the Board that the Supply Bill is near expiring and desiring to be informed whether His Majesty intends leaving the appointment of the Treasurers to the General Assembly; recommending two Gentlemen as proper to be in the Council in the room of Mr. Spaight & transmitting Answer to two Queries not before answered
Gov Dobbs' Speech to the Council and Assembly congratulating them on the success of His Maj. arms and recommending the raising a tax to answer Contingencies
Address of the Assembly in answer thereto
Address of the Council in answer to Gov. Dobbs' Speech.
Mr. Dobbs' Answer to the Addresses of the Council and Assembly
Message of the Assembly to Gov. Dobbs respecting the troops raised in that Province for His Maj. service in 1760 and 1761.
Assembly's Message to the Gov. concerning the Forts &c.
Message from the Assembly to Gov. Dobbs desiring his concurrence in requesting His Maj. approbation of the Town of New Bern for the seat of government.
Treasurers Account of the 3 shillings tax for 1760
Treasurers Account for the year 1762
Minutes of the Council Journals from 21 Oct. 1761 to 1 Janry 1763.
Journal of the Assembly from 3 Nov to 11 Dec. 1762
Journal of Council in Assembly do do
Letter from Gov. Dobbs of 7 Mar. 1763 containing his observations upon several Acts & transmitting
Twenty eight Acts passed 11 Dec. 1762
Ordered that the Acts be sent to Sir Mat. Lamb for his opinion in point of law as soon as conveniently may be.
Ordered that the Draught of a letter to the Governor in answer to his be prepared—agreed to and ordered to be transcribed May 6th and signed May 10th
Read a Memorial and Petition of John Dalrymple Esq. Capt. and
Their Lordships upon consideration of the said Memorial were of opinion that the subject matter of it did not fall within their cognizance as it related to Military affairs not within their Department.
Read a letter from Gov. Dobbs Dated 9 Aug. 1762 acknowledging the receipt of several letters and papers from the Board is very sorry he has incurred His Maj. displeasure by passing the Superior & Inferior Court Bills but offers some reasons in alleviation of his fault.
Representations to His Majesty proposing that William Dry and Robert Palmer Esqrs may be appointed of the Council of North Carolina in the room of John Swann and John Dawson deceased were signed
Read a letter from Gov. Dobbs to the Board dated 17 June 1763 acknowledging the receipt of directions with regard to the mode of Governors correspondcnce with their Lordps and of two Additional Instructions of 11 Dec. 1761 relating to Indians Lands and Judges Commissions.
Ordered that the Draught of a Representation to His Majesty be prepared proposing that Benjamin Heron Esq. may be appointed of the Council of North Carolina in the room of John Rieusset Esq deceased Agreed to and signed Oct. 13th
Read a Memorial of the Agent of North Carolina in answer to the Complaints of the Governor against the Lower House of Assembly &c. &c.
Ordered that the said Memorial be taken into further consideration on this day se'nnight and that the Agent have notice to attend, but postponed on Dec. 8th it being late
Their Lordships took into consideration the Memorial of the Agent of North Carolina in answer to the Governor's Complaint against the Lower House of Assembly respecting their claim of having a majority of the Assembly to constitute a quorum, the admitting Members elected without writs and their refusing to incorporate a qualified settlement into a County and the Agent attending was called in and having nother [nothing] to offer in addition to what is set forth in the Memorial their Lordships observed to him that upon full consideration they were of opinion that the Quorum of the Assembly should remain as legally established by His Maj. authority.
That it was not becoming the Board to take any notice of what was offered on the part of the Assembly concerning their refusal to incorporate a County, their admission of a Member chosen without a Writ and the duration of the Judges Commissions
That the Act of 1754 for appropriating a sum of money to pious uses should be considered and that they would write to the Governor to know his reasons for refusing to consent to an application of the money allotted to the Province out of the Grant of Parliament to the contingent services of the Government.
Their Lordships took into consideration the Act passed in North Carolina in 1754 by which a sum of money is appropriated for erecting schools and endowment of Parishes and it appearing that this Act had been found upon a former examination to be liable to great objection and that an instruction had been given to the Govr to recommend to the Assembly to amend it in those points in which it was objected to which recommendation the Assembly had refused to comply with, their Lordships were of opinion that it was not fit to grant what the Assembly now desired until they thought proper to comply with His Maj. reasonable expectation in what had been recommended to them.
The Agent attending without was called in and acquainted with their Lordps resolution.
A Letter to the Governor of North Carolina recommending to him to assent to any proper law the Council and Assembly shall frame and pass for applying to the contingent services of Government