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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
May 03, 1765 - May 18, 1765
Volume 07, Pages 61-88

[P. R. O. No. Carolina. B. T. Vol. 32.]
JOURNAL OF THE HOUSE OF ASSEMBLY

North Carolina—ss.

At an Assembly begun and held at Wilmington the third day of February in the fourth 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 (and so forth) and in the year of our Lord, One Thousand seven hundred and sixty four; and from thence continued by several Prorogations to the third day of May in the fifth year of the reign of our Sovereign Lord George the Third etc, and in the year of our Lord one Thousand seven hundred and sixty five to be then held at New Bern being the third Session of this present Assembly.


Fryday the 3rd day of May 1765

Mr Speaker and Twenty five members appeared.

Resolved that two Members wait on his Honour the Govr and acquaint him the House is met, and desire to know when they shall wait on him.

Mr Samuel Johnston and Mr Robert Howe waited on His Honour the Governor and acquainted him the House was met, and desire to know when his Honour will be pleased to receive them, and being

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returned reported they had in obedience to the direction of this House waited on his Honour the Governor, and acquainted him the House was met, that his Honr for answer said he would let them know when he would receive them. His Honour the Govr sent a verbal Message to the House desiring the Attendance of the House in the Council Chamber.

Mr Speaker with the House waited on His Honour the Governor in the Council Chamber where his Honour made a Speech to His Majesty's Honorable Council and this House a Copy of which to prevent mistakes, Mr Speaker obtained. Then the House returned, and Mr Speaker laid the same before the House.

Ordered the same be read. The same was read accordingly and resolved it be entered on the Journal of the House and is as follows Vizt

[For the Governor's speech see Journals of the Upper House.—Editor.]

Ordered Mr Emsly, Mr Robert Howe, Mr Harnett and Mr Johnston prepare an Address in Answer to his Honour the Governor's Speech and lay the same before the House for Approbation.

Then the House adjourned till 10 o'clock tomorrow morning


Saturday the 4th of May 1765.

The House met according to Adjournment.

Two of the Members of His Majesty's Honourable Council came to the House, and Mr Pollock one of the Members for Bertie County appeared, and Mr John Barrow, and Mr Thomas Bonner the two Members for Beaufort County also appeared and took the Oaths by Law appointed for their Qualification Subscribed the Test and took their Seats in the House.

Mr Thomas Howe moved for leave to absent himself from the Service of the House till Tuesday next.

Ordered he have leave accordingly.

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


Monday the 6th of May 1765.

The House met according to Adjournment.

Mr Edmond Smithwick, Mr John Harvey, Mr James Blount, Mr Andrew Knox, Mr William Bartram, Mr Benjamin Persons, and Mr Thomas Bell appeared and took their Seats.

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Two of the Members of His Majesty's Honorable Council came to the House, and Mr Benjamin Harvey, and Mr James Blount two of the Members for Perquimans County appeared, took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House.

Mr Corbin from the Committee appointed to prepare an Address in Answer to His Honrs the Govrs Speech Reported that the Committee had prepared the same which he laid before the House. Ordered the same be read, the same was read, and resolved the same stand the Address of the House, and be entered on the Journal thereof as follows (that is to say)


North Carolina—ss.

To the Honble William Tryon Esqre Lieutenant Governor and Commander in Chief in and over His Majesty's Province of North Carolina.

The Humble Address of the Assembly of the sd Province

Sir

We His Majesty's most dutifull and Loyal Subjects the Members of the Assembly of North Carolina beg leave to return your Honour our Hearty thanks for your Speech at the opening of this Session.

With the greatest Pleasure we congratulate your Honr on your Accession to this Government, and Esteem ourselves under the highest obligation for the early opportunity you have been pleased to give us of expressing our gratitude to His Majesty for His care and attention to the Welfare of this Province, in appointing a Gentm as our Commander in Chief, from whose abilities and Integrity the Community have just reason to expect every happy Consequence. The Blessings of Peace which we so happily enjoy and which next to the Providence of Almighty God, we owe to the Wisdom of His Majesty's Councils and the Conduct & Bravery of His Commanders and Troops, excite in us the warmest sensations of gratitude to our most gracious Sovereign, under whose benign Government and Direction, this felicity was obtained, and we beg leave to assure your Honour that we will Endeavour to avail ourselves of this Season of Tranquility by paying due attention to the several matters you have so judiciously recommended, and by pursuing every other Method of Public Utility. Your Honours good Intentions to this Province so

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affectingly declared, yield us the greatest Pleasure, merit our warmest acknowledgements, and render it incumbent on us to pursue every measure that can make your Administration easy and happy.

Yet pleasing as the assurances you give us are, they were not wanting to convince us that all your Actions must proceed from the most laudable motives, and that consequently your future conduct on which you so obligingly desire us to rely will be such as must do Credit to His Majestys Appointment Honour to yourself and render this Province flourishing and happy. Persuaded of this Sir, how pleasing are our prospects and how happy are we, in reflecting that to obtain the good opinion Favour and Protection of our Governor we have only to deserve them, and to deserve them need only to persue such Measures as the real Interests of our Country and the Sentiments of Honour dictate, which must at the same time render us acceptable to our Constituents and gain us the Applause of our own Merits.

Your Honour may be assured that we shall most heartily unite with the Members of His Majesty's Honourable Council in all Matters productive of Public good, and that nothing would give us more Satisfaction than to be able to promote your happiness.

Mr Montfort moved that the Clerk furnish James Davis, Printer with a Copy of the Journal of the House daily, and that he acquaint the said James Davis the House direct him to print the same & dispense the Copys so printed to each Member of the House.

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

Tuesday the 7th of May 1765.

The House met according to Adjournment.

Then the House adjourned till 4 o'clock Afternoon.

P. M. The House met according to Adjournment.

Mr Thomas Jones, Mr Andrew Knox, Mr Thomas Taylor, Mr Howell, Mr Baker, Mr Fifer, Mr Giles, Mr Bryan & Mr Bond appeared and took their Seats in the House.

Mr Benjamin Harvey and Mr Harnett waited on His Honour the Governor and acquainted him the House desire to know when they shall wait on him with the Address thereof: being returned, reported that His Honor will receive them at 12 o'clock tomorrow.

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Mr Montfort moved a Committee be appointed to prepare and bring in a Bill for Establishing an Orthodox Clergy, and Mr Corbin, Mr Cummings and Mr Montfort are accordingly appointed.

Mr Brown moved a Committee be appointed to prepare and bring in a Bill to enable the Inhabitants of this Province to discharge Judgments, Executions and Public Taxes with Commodities, and Mr Corbin Mr Barrow, and Mr Brown are accordingly appointed

Ordered Mr Montfort prepare and bring in a Bill to appoint a Public Treasurer for the Southern District of this Province in the room of John Starkey Esqre late Public Treasurer of the said District Deceased.

Mr Emsly, Mr John Harvey and Mr Harnett are appointed a Committee to prepare and bring in a Bill to enable the Post Master General to carry on the Post through this Province.

Then the House adjourned till 11 o'clock to-morrow morning.


Wednesday the 8th of May 1765.

The House met according to Adjournment.

Mr Speaker with the House according to Appointt of His Honour the Governor yesterday waited on His Honour in the Council Chamber with the Address of the House and presented the same to his Honour.

To which his Honour was pleased to Answer as follows. Vizt

Mr Speaker & Gentmn of the House of Assembly.

The Testimonials of Duty, Loyalty and Gratitude you so warmly Express, for our most gracious Sovereign will I am persuaded be highly agreeable to His Majesty.

It gives me the most sensible satisfaction to have met with your Approbation in the Matters I have recommended to you, and I am convinced the happy Establishment of our religion will be the only Foundation on which the future prosperity of this Colony can Depend.

I am obliged to you Gentlemen for the early good Opinion you Express of me, and feel the most grateful sense of your Inclinations, to pursue every measure which can contribute to the Ease & Happiness of my Administration. In the Integrity of my Heart I must declare I look for neither Happiness nor Satisfaction in this

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Country but in Proportion to the Assistance I meet with in my Endeavours to promote the Prosperity of its Inhabitants.

Mr Wynns, Mr Abner Nash and Mr Sugg appeared and took their Seats.

Then the House Adjourned till 11 o'clock tomorrow morning.


Thursday the 9th of May 1765.

The House met according to Adjournment.

Mr Thomas Cliffd Howe presented a Certificate from Craven County Court thereby certifying that Hugh Rigby of Craven County is a proper person to be exempt from paying Public Taxes. Granted.

Mr Bertram presented a Certificate from the Vestry of St Martin's Parish in Bladen County recommending Lott Bordiew of the said Parish to be exempt from paying Public Taxes. Granted.

Mr Montfort moved for leave to present a Bill for altering the times for holding the Courts of Pleas and Quarter Sessions for the County of Cumberland.

Ordered to have leave accordingly.

Mr Montfort presented 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 by Mr Knox and Mr Bond.

Mr Francis Nash moved for leave to absent himself from the Service of the House. Granted.

Mr Edmond Smithwick moved for leave to absent himself from the Service of the House. Granted.

The House being informed that Mr John Starkey one of the Members for Onslow County, & Mr Thomas Smith one of the Members for Hyde County are dead.

Ordered a Message be sent to His Honour the Governor to desire him to direct the Clerk of the Crown to issue Writs for Electing a Representative for each of the said Counties to sit and vote in this present Assembly.

Sent the following Message to His Honour the Governor vizt

To the Honourable William Tryon Esqre Lieutenant Governor etc.

Sir

Mr John Starkey one of the Members for Onslow County, and Mr Thomas Smith one of the Members for Hyde County are dead, therefore

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desire your Honour will be pleased to direct the Clerk of the Crown to issue Writs for Electing a representative for each of the said Counties to sit and vote in this present Assembly in the room and stead of the said John Starkey and Thomas Smith.

JOHN ASHE. Speaker.

Then the House adjourned till 4 o'clock Afternoon.

P. M. The House met according to Adjournment.

Mr Montfort moved for leave to present a Bill for appointing a Public Treasurer for the Southern District in the room of John Starkey Esqre Deceased.

Ordered to have leave accordingly.

Mr Montfort presented 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 by Mr Knox and Mr Bond.

Mr John Harvey from the Committee appointed to prepare a Bill to enable the Post Master General to carry on a Post through this Province. Reported that the Committee had prepared the same.

Mr Harvey presented 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 by Mr Knox and Mr Bond.

Mr Taylor presented the Petition of several of the Inhabitants in and near the Town of Nixonton in Pasquotank County setting forth that a resurvey of the said Town is made, etc, Praying etc.

Mr Taylor moved for leave to present a Bill pursuant to the prayer of the said Petition.

Ordered he have leave accordingly.

Mr Taylor presented the said 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 by Mr Knox and Mr Bond.

Mr George Moy one of the Members for Pitt County appeared.

Mr Ormond presented a Certificate from Beaufort County Court thereby certifying that James Rooks of said County is very aged poor and Infirm, and recommending he be exempt from paying Taxes & doing Public Duties. Granted.

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Mr Persons presented a Certificate from Bute County Court therein certifying that John Bush & Ambrose Petty are poor and infirm and recommending them to be exempt from paying Taxes and doing Public Duties. Granted.

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


Fryday the 10th of May 1765

The House met according to Adjournment.

Mr Corbin from the Committee appointed to prepare a Bill for the Establishing an Orthodox Clergy. Reported the Committee had prepared the same 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 by Colo Barrow and Colo Bell.

Mr Brown from the Committee appointed to prepare and bring in a Bill to enable the Inhabitants of this Province to discharge Judgments, Executions, and Public Taxes in Commodities. Reported the Committee had prepared the same, which he read in his Place and delivered in at the Table where the same was again read by the Clerk, passed & ordered to be sent to the Council.

Sent the same by Mr Brown & Mr Thoss Bonner.

Mr Farquhar Campbell and Mr Walter Gibson appeared and took their Seats.

Then the House adjourned till 3 o'clock Afternoon

P. M. The House met according to adjournment

Mr Montfort presented the Petition of Thomas Hart late Sheriff of Orange County for the year 1763, & in virtue thereof was to collect the Public Tax for that year but by misinformation of the late Public Treasurer for the Southern District of the whole amount of the said Tax for that year he should have received from the said County, therefore collected one Shilling and sixpence short of the true amount of the said Tax for that year etc.

Praying relief etc.

Ordered Mr Montfort prepare and bring in a Bill pursuant to the prayer of the said Petition.

Mr Montfort pursuant to Order presented a Bill to impower the Sheriff of Orange County to collect a Tax of One shilling and sixpence Proclamation money laid on the Taxable persons in the said County by an Act of the Assembly of this Province passed in the

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fourth year of the reign of his present Majesty 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 by Mr Howe and Mr Persons.

Mr Robert Howe presented the Petition of Jonathan Swain and others, Pilots of Cape Fear River, showing the pilotage of the said river is very Low etc.

Praying the same may be by Law raised etc.

Ordered Mr Robert Howe prepare and bring in a Bill pursuant to the prayer of the said Petition.

Mr Howe pursuant to order presented a Bill to amend part of an Act Intituled an Act for regulating the Pilotage of Cape Fear river and other purposes 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 by Mr Howe and Mr Persons.

Then the House Adjourned till 9 o'clock tomorrow morning


Saturday the 11th of May 1765.

The House met according to Adjournment.

Received from the Council the following Bills—vizt

The Bill for Establishing an Orthodox Clergy.

The Bill for appointing a Public Treasurer for the Southern District in the room of John Starkey Esqre Deceased.

The Bill to enable the Post Master General to carry on the Post through this Province.

The Bill to amend part of an Act entitled, an Act for regulating the pilotage of Capre Fear River and other purposes.

The Bill for regulating the Town of Nixonton etc

The Bill to enable the Inhabitants of this Province to discharge Judgments, Executions and Taxes with Commodities.

The Bill to impower the Sheriff of Orange County to Collect a Tax laid on the Taxable Persons in the said County etc

Endorsed 10th of May 1765. In the Upper House read the first time and passed.

Mr Harnett moved for leave to present a Bill to amend an Act entituled An Act to prevent the Exportation of unmerchantable Commodities.

Ordered he have leave accordingly.

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Mr Harnett presented 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 by Mr Taylor and Mr Mackelwean

On Motion Ordered the Bill to enable the Post master General to carry on the Post through this Province be read a second time.

Read the same a second time. Then on motion that the said Bill Pass. The Question was put and passed in the Negative. On Motion resolved the House into a Committee of the whole House on next Monday to consider the Subject Matter of the Bill for Establishing an Orthodox Clergy.

On Motion ordered the Bill for regulating the Town of Nixonton be read a second time, read the same a second time, passed and ordered to be sent to the Council.

Sent the same by Mr Taylor and Mr Mackelwean

On Motion resolved the House resolve into a Committee of the Whole House on Monday next to consider the Bill to enable the Inhabitants of this Province to discharge Judgments, Executions and so forth, with Commodities.

On Motion ordered the Bill for appointing a Public Treasurer for the Southern District in the room of John Starkly Esqre Deceased, be read a second time, read the same a second time, amended passed and ordered to be sent to the Council.

Sent the same by Mr Taylor and Mr Mackelwean.

On Motion ordered the Bill to impower the Sheriff of Orange County to collect a Tax of one shilling and six pence Proclamation money laid on the Taxable Persons in the said County etc be read the second time, read the same passed and ordered to be sent to the Council.

Mr Baker moved for leave to present a Bill for opening and cutting two roads from the Ferry on the North West river opposite Eagles Island in Brunswick County and other purposes.

Ordered to have leave accordingly.

Mr Baker presented 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 to amend part of an Act intituled An Act for regulating the pilotage of Cape Fear river etc be read the second time. Read the same a second time Passed and ordered to be sent to the Council.

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Sent the above three Bills by Mr Moore & Mr Blount

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

Received from the Council the Bill for appointing a public Treasurer for the Southern District in the room of John Starkey Esqre Deceased. Endorsed 11th of May, 1765. In the Upper House read the second time, Amended and passed.

The Bill to amend an Act intituled An Act to prevent the Exportation of unmerchantable commodities

The Bill to impower the Sheriff of Orange County to collect a Tax of one shilling and six pence laid on the Taxable persons of the said County etc, and the Bill for regulating the Town of Nixonton. Endorsed 11th of May 1765. In the Upper House of Assembly, read the second time & Passed.

And also the Bill for opening and cutting two roads from the Ferry on the Northwest river opposite Eagles Island in Brunswick County etc. Endorsed 11th of May 1765. In the Upper House of Assembly read the second time and passed.

Mr Caswell moved for leave to bring in a Bill for appointing a Printer to this Province.

Ordered he have leave accordingly.

Mr Caswell presented 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 by Mr Caswell and Colo Harvey.

Received from His Honor the Governor a written Message as follows (To wit)

Mr Speaker & Gentn of the House of Assembly.

I send you some Minutes of the Lords Commissioners for Trade and Plantations bearing date the 13th of December 1763, and desire to be informed what were the objections made to that Act and likewise what was the request made by the Assembly to His Majesty referred to by the Minutes.

Wm TRYON.

Fryday 10th May 1765.

And also an Extract of the said Minutes.

Ordered the same lye for Consideration till Monday next.

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Mr Harnett moved for leave to present a Bill for enlarging the time allowed for saving Lotts in the Town of Campbleton and Tarborough and other Purposes.

Ordered he have leave accordingly.

Mr Harnett presented 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 by Mr Campbell and Mr Gibson.

Mr Joseph Williams moved for leave to absent himself from the service of the House. Granted.

Then the House adjourned till 9 o'clock Monday morning


Monday the 13th May 1765.

The House met according to adjournment

Mr John Harvey moved for leave to present a Bill for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort.

Ordered he have leave accordingly.

Mr Harvey presented 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 appointing a Public Treasurer for the Southern District in the room of John Starkey Esqre Deceased, be read the third time.

Read the same a third time, Amended, passed and ordered to be sent to the Council.

On motion ordered the Bill to impower the Sheriff of Orange County to collect a tax of one shilling & six pence Proclamation money etc be read the third time.

Read the same a third time passed and ordered to be sent to the Council.

Received from the Council the Bill for enlarging the time for saving Lotts in the Towns of Campbleton and Tarborough. Endorsed the 13th May, 1765. In the Upper House read the first time and passed.

On motion Ordered the Bill for regulating the Town of Nixonton etc be read the third time.

Read the same a third time, Amended, Passed, and ordered to be sent to the Council.

Mr Cummings moved for leave to present a Bill for altering the times of holding the Superior Court of Pleas and Quarter Sessions

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in the Counties of Pitt Hyde, Beaufort, Hertford, Bertie and Halifax.

Ordered he have leave accordingly.

Mr Cummings presented 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 above five Bills by Mr Cummings and Mr Montfort.

The order of the day being read the House took under Consideration His Honour's the Governor's Letter, & the Extract of the Minutes of the Proceedings of the Lords Commissioners for Trade and Plantations dated the 13th of December 1763 and after maturely considering the same Resolved the following Message be sent to His Honour the Governor. Vizt

To the Honble William Tryon Esqre Lieutent Governor etc Sir

In Answer to your Message of the 10th inst. you will be pleased to understand that, that Act of Assembly referred to by the Extract of the Minutes of the Proceedings of the Lords Commissioners for Trade and Plantations sent with your Message is an Act entituled “An Act for granting to His Majesty the sum of Forty Thousand Pounds” etc by which among other things the sum of £18000 Procl: is appropriated for erecting Public Schools and purchasing Glebes in the several Parishes in this Province subject to a suspending Clause in the said Act until His Majesty's Royal approbation thereof should be had soon after the passing the said Act the Assembly instructed their Agent to apply for such his Majesties Approbation on which occasion it seems their Lordships were of opinion that it was improper to report the said Act as fit to receive the Royal sanction on Account of several objections which were pointed out and the late Governor instructed to lay before the Assembly in order that it might be amended and the particulars objected to, but for what reason we know not, the said objections have never yet been laid before the Assembly. We therefore request your Honor to represent the state of this case truely to His Majesty that the Assembly may thereby be acquitted from the imputation of having neglected to pay a dutiful obedience to His Majestys Commands, and the impropriety of making a second application to the Board of Trade without taking proper notice of

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the answer given by their Lordships to their first request and this House further requests that your Honor will obtain a Copy of the said objections and lay them before the Assembly that they may have an opportunity of manifesting their readiness to comply with His Majestys Instructions in amending the said Act, as far as may be compatable with the Interest of the Country and that Duty which the Members owe to their Constituents.

JOHN ASHE Speaker.

May 13th 1765.

Sent by Mr Corbin and Mr Persons.

The order of the day being read the House resolved into a Committee of the whole House to take under Consideration the Bill for Establishing an Orthodox Clergy and unanimously chose Mr John Harvey Chairman. After some time spent therein Mr Speaker resumed the Chair. Mr Chairman reported the Committee had propod several Amendments to the said Bill, and came to several Resolutions thereon which he laid before the House, and were read, Resolved the said Amendments be inserted in the Bill, the same were accordingly inserted, and ordered the said Bill be read a second time, read the same a second time with the said Amendments, passed & ordered to be sent to the Council.

Sent the same by Mr Howe and Mr Blount.

Received from the Council the Bill for facilitating the Navigation of Port Bath, Port Roanoak, and Port Beaufort, and the bill for altering the time of holding the Superior Courts of Pleas and Quarter Sessions for the Counties of Pitt, Hyde, etc, Endorsed 13th of May 1765. In the Upper House of Assembly read the first time and passed.

And the Bill to amend part of an Act intituled “An Act for regulating the Pilotage of Cape Fear River” etc Endorsed 13th of May 1765. In the Upper House read the second time and Passed with Amendments.

Then the House adjourned till 5 o'clock afternoon.

P. M. The House met according to Adjournment.

On motion Ordered the Bill for enlarging the time of saving Lotts in the towns of Campleton and Tarborough be read the second time.

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Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent the same by Mr Howe and Mr Blount.

Mr Harnett moved for leave to present a Bill confirming the Title of William Dry Esqre to certain Lands therein mentioned.

Ordered he have leave accordingly.

Mr Harnett presented 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 by Mr Howe and Mr Blount.

The order of the day being read the House resolved into a Committee of the whole House to consider the Subject matter of the Bill to enable the Inhabitants of this Province to discharge judgments etc. with Comodities etc, and chose Mr Cummings Chairman who took the Chair accordingly.

After some time spent therein Mr Speaker resumed the Chair.

Mr. Chairman reported the Committee had proposed several Amendments to the said Bill, but not having time to reduce them into form desire leave to sit again tomorrow.

Resolved the Committee sit again tomorrow.

Then the House adjourned till 9 o'clock tomorrow morning


Tuesday 14th of May 1765.

The House met according to adjournment.

The Order of the day being read the House resolved into a Committee of the whole House and Mr Chairman took the Chair, After some time Mr Speaker resumed the Chair. Mr Chairman reported the Committee had reduced into form the several Amendments proposed to the Bill to enable the Inhabitants of this Province to discharge judgments etc, and laid the same before the House, Ordered the said Amendments be read, the same were read, resolved they be inserted in the said Bill. The same are inserted accordingly Then on motion Ordered the said Bill pass the second time with the sd Amendments, and be sent to the Council.

Sent the same by Mr Brown and Mr Giles.

Received from the Council the Bill for enlarging the time for saving Lotts in he Towns of Campbleton and Tarborough. Endorsed the 14th May 1765. In the Upper House read the second time and Passed.

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The Bill for establishing an Orthodox Clergy. Endorsed the 14th of May 1765. In the Upper House read the second time, Amended and Passed.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to adjournment.

On motion Ordered the Bill for altering the times for holding the Superior Courts of Pleas and Quarter Sessions for the Counties of Pitt, Beaufort, Hyde, Hertford, Bertie and Halifax, be read the second time.

Read the same a second time, Amended and Passed, and ordered to be sent to the Council.

Sent by Mr Brown and Mr Giles.

Mr Nash moved the House resolve the sum of One Hundred thirty three Pounds six shillings and eight pence procln money for one year, and from thence to the end of the next Session of Assembly inclusive of last Session be paid to the Post Master General or his Agent on condition that he cause the Post to ride through this Province & carry public Dispatches and Letters to and from Suffolk in Virginia to the Southern Boundary of the Province once every Fortnight during the Term aforesaid, & that the same shall be paid by the Treasurers of this Province out of the fund for Contingencies by a Warrant from the Lieutenant Governor or Commander in Chief of this Province for the time being after performing the said Service.

Resolved the same lye till tomorrow for Consideration.

On motion, Ordered the Bill for opening and cutting two roads from the Ferry on North West River opposite Eagles Island in Brunswick County etc, be read the second time. Read the same a second time Amended. Passed and ordered to be sent to the Council

Sent by Mr Brown and Mr Giles.

On motion, Ordered the Bill to amend part of an Act for regulating the Pilotage of Cape Fear River be read the third time. Read the same a Third time, Amended Passed and ordered to be sent to the Council.

Sent the same by Mr Brown and Mr Giles.

On motion, Ordered the Bill for facilitating the Navigation of Port Bath, Port Roanoak and Port Beaufort be read a second time.

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Read the same a second time amended, passed, and ordered to be sent to the Council.

Sent the same by Mr Brown and Mr Giles.

On Motion, ordered the Bill for confirming the Title of William Dry Esqre to certain Lands therein mentioned be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Thos. Howe and Mr Blount.

Received from His Honour the Governor a written Message as follows, (Vizt)

Mr Speaker & Gentlemen of the House of Assembly.

The enclosed Papers I sent you were delivered to me in behalf of Mr Clear. If you are of Opinion with me that the loss he declares to have sustained in Proclamation Money is well attested, I recommend the same to be taken into your Consideration.

Wm TRYON.

Tuesday 14th of May 1765.

Ordered the said Message and Papers lye for Consideration till to-morrow.

Then the House adjourned till 9 oclock to-morrow morning


Wednesday the 15th of May 1765.

The House met according to Adjournment.

On Motion Ordered the Bill to amend an Act intituled “An Act to prevent the Exportation of the merchantable Commodities, be read the second time Read the same a second time, Amended passed and ordered to be sent to the Council.

The order of the day being read, the House took into Consideration His Honour the Governor's Message, & the Papers therewith sent yesterday, and resolved that the said Peter Clear the Petitioner with Papers referred to, be allowed and paid the sum of seventy six Pounds out of the money that shall be paid into the Committee of Accounts (at the next Session of the Assembly) on the Sinking Fund.

Resolved the following Message be sent to His Majty's Honourable Council. Vizt

Gentlemen of His Majesty's Honble Council,

On Consideration had of a Message from His Honour the Governor

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to this House, and the Papers therewith sent, which Papers we send your Honour with this Message.

This House have resolved that the sum of Seventy six pounds be allowed and paid to the Petitioner Peter Clear out of the Monies that shall be paid into the Committee of Accounts at the next Session of Assembly on the Sinking Fund and desire your Honour's concurrence therewith.

JOHN ASHE Speaker.

Sent by Mr Bond and Mr Jones.

Received from the Council the Bill for confirming the Title of William Dry Esqre to certain Lands therein mentioned, And the Bill for opening and cutting two Roads from the Ferry on the North West River, opposite Eagles Island in Brunswick County, etc Endorsed the 15th May 1765. In the Upper House read the second time Amended and Passed.

And the Bill to enable the Inhabitants of this Province to discharge all Public Taxes with Commodities. Endorsed the 15th of May 1765. In the Upper House read the second time and passed.

The Order of the day being read the House took into consideration the motion for an Allowance to the Post Master General or his Agent to carry on a Post through this Province.

Resolved the said motion be rejected.

Then Mr Attorney General moved a Committee be appointed to agree with the Post Master General for carrying on a Post to convey all Public Dispatches & Letters from Suffolk in Virginia to the Southern Boundary in this Province.

The Assembly therefore taking into Consideration the General advantage that will accrue to this Province from having a Public Post Established therein, and that the Common Profits arising in the Conveyance of Pacquets and Letters will not be sufficient to defray the Expence thereof; and being desirous that a matter of such Public Utility should take Effect, but not having received proper Information what sum will be suitable Encouragement for the Post Master General to establish such a post, on which Account it is thought in some measure premature to pass any Law relative to the said Matter.

Resolved that Mr Jno Harvey, Mr Corbin, Mr Pollock, Mr Saml Johnston, and Mr Charles Blount, be and they are hereby appointed

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a Committee to contract and agree with the Post Master General or his Deputy to cause a Person or persons to ride Post through this Province, and to carry all Public Dispatches and Letters to and from Suffolk in Virginia to the Southern Boundary of this Government as often as conveniently may be and to allow to the said Post Master General or his Deputy for the due performance of such service, a sum not exceeding the rate of one Hundred thirty three Pounds six shillings and eight pence Proclamation Money per annum to be paid out of the Public Treasury by a Warrant from the Governor or Commander in Chief for the time being and to report their Proceedings thereon to the next General Assembly, and the agreement which the said Committee or Majority of them shall so enter into for the purposes aforesaid shall be and remain in full force for the space of one year from and after a Public Post shall be established as aforesaid and from thence to the end of the next Session of Assembly and no longer.

Resolved the following Message be sent to the Council

Gentlemen of His Majesty's Honble Council.

This House having taken into Consideration the General Advantage that will arise to this Province from having a Public Post established therein, and that the common profits arising on the Conveyance of Pacquets and Letters will not be sufficient to defray the expences thereof; and being desirous that a matter of such Public Utility should take Effect, but not having received proper Information what sum will be a sufficient Encouragement for the Post Master General to establish such a Post on which account it is thought in some measure premature to pass any Law relative to the said matter, have therefore resolved that Mr John Harvey, Mr Corbin, Mr Pollock, Mr Samuel Johnston and Mr Charles Blount be, and they are hereby appointed a Committee to contract and agree with the Post Master General or his Deputy to cause a Person or persons to ride post through this Province and to carry all Public Dispatches and Letters to and from Suffolk in Virginia to the Southern Boundary of this Government as often as conveniently may be, and to allow the said Post Master General or his Deputy for the due performance of such service, a sum not exceeding the rate of One Hundred thirty three pounds six shillgs and eight pence Proclamation money to be paid out of the public Treasury by a Warrant from the Governor or Commander in Chief for the time being, and

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to report their Proceedings thereon to the next General Assembly and the agreement which the said Commissioners or the Majority of them shall so enter into for the purposes aforesaid be and remain in full force for the space of one year, from and after a Public Post shall be established as aforesaid and from thence to the end of the next Session of Assembly & no longer, to which desire your Honrs Concurrence.

JOHN ASHE Speaker.

Sent by Mr Simpson and Mr Wynns.

On motion Ordered the Bill for confirming the Title of William Dry Esqre to certain Lands therein mentioned be read the third time.

Read the same a third time Amended, Passed and ordered to be sent to the Council

On motion Ordered the Bill for Establishing an Orthodox Clergy be read the third time.

Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent the above two Bills by Mr Simpson & Mr Wynns.

Mr Montfort in behalf of William Dry Esqre presented a Certificate dated the first day of October 1764 from Captain John Paine the commanding officer of Fort Johnston that he has finished and completed the said Fort agreeable to a resolve of this House at February Session 1764

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to adjournment.

On motion Ordered the Bill for enlarging the time for saving Lotts in the Towns of Campbleton and Tarborough, be read the third time.

Read the same a third time, Passed and Ordered to be sent to the Council.

On motion Ordered the Bill for opening and cutting two roads from the Ferry on the Northwest River opposite Eagles Island in Brunswick County etc, be read the third time.

Read the same a third time, amended passed, and ordered to be sent to the Council.

Sent the above two Bills by Mr Simpson and Mr Wynns.

Then the House adjourned till 9 o'clock tomorrow morning.

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Thursday the 16th of May 1765.

The House met according to adjournment

Received from the Council the following Message, vizt

Mr Speaker & Gentlemen of the Assembly.

On reading a third time in this House the Bill to impower the Sheriff of Orange County to collect a tax of one shilling and six pence Proclamation money laid on the taxable Persons in the said County by an Act of the Assembly of this Province, passed in the fourth year of the reign of his present Majesty, we find that there is a mistake in the first Clause of the said Bill that would defeat the intent of the Bill, We therefore propose that that clause be Deled, and the following one inserted in stead thereof vizt

Be it enacted by the Lieutenant Governor, Council & Assembly, and by the authority of the same that the said Pole Tax of one shilling and six pence for each taxable in the County of Orange, part of the Public Tax omitted by the said Thomas Hart in his collection in the Year one Thousand seven Hundred and sixty three, shall be received and collected by the Sheriff of Orange County in his collection of Public Taxes in the year of Our Lord one Thousand seven Hundred and sixty five, which said Tax of one shilling and six pence so collected, shall by him be accounted for and paid to the Treasurer of the District in the same manner and under the like Penalties as are by Law directed for the collecting, accounting for and paying of other Public Taxes.

To which Amendments if your House agree be pleased to send such of your Members as you think proper, to see the same made.

Resolved the House agree to the said Amendments and that the following Message be sent to the Council.

Gentlemen of His Majesty's Honble Council.

To the deleing the Clause by you proposed to the Bill to impower the Sheriff of Orange to collect a Tax of one shilling and six pence etc, & inserting another in the room thereof, mentioned in your Message of this day we thereto agree and send Mr John Harvey and Mr Cummings two of the members of this House to see the one deled and the other inserted in the stead thereof.

JOHN ASHE Speaker.

Sent by Mr Harvey and Mr Cummings.

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Received from the Council the following message. vizt

On reading in this House a third time the bill to amend part of an Act intituled “An Act for regulating the Pilotage of Cape Fear River and other purposes, We observe you have deled the Clause for rating the Pilotage and have not deled the Clause immediately following which relates thereto only. We therefore would propose, that that Clause fixing the rates for Pilots be stated or the Clause referring to it be deled. We also observe that you have deled the Clause laying an additional duty on Vessels of six pence per ton. As there is an absolute necessity that such a duty should be laid for the purpose therein mentioned.

We propose to stet the same to be in force for twelve months only, and for an encouragement to the Pilots to do their duty we would propose the following Clause be added to the Bill.

And be it further enacted by the authority aforesaid that any person who shall presume to pilot any Vessel (unless in distress) not having a regular branch according to the Directions of the before recited Act shall forfeit and pay Twenty pounds proclamation money for every such offence, to be recovered by any person sueing for the same in any Court having Cognizance thereof, by Action of debt, bill, plaint, or information, wherein no Essoin, Injunction, Protection or Wager of Law shall be allowed of.

We also propose the following proviso be added to the said Bill. vizt

Provided always that no lighter or other small Vessel belonging to the river of Cape Fear, that may be sent to any of the Ports or Inlets along the Coast for Tar or other Effects shall be obliged to pay any pilotage, unless the Master of such lighter Vessel or take on board a Pilot, in which Case the Pilot, piloting the said Vessel may demand and receive the same pilotage as he may be intitled to by virtue of the before recited Act.

If your House agree to these Amendments you will be pleased to send such of your members as you think proper to see the same inserted in the Bill.

On motion Resolved the Bill to enable the Inhabitants of this Province to discharge all Public County and Parish Taxes with Commodities be read the third time.

Read the same a third time, Amended, passed and ordered to be sent to the Council.

Sent by Mr John Harvey and Mr Cummings.

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Resolved the following Message be sent to the Council.

Gentlemen of His Majesty's Honble Council.

On reading your Message of yesterday relative to the Bill to amend part of an Act intituled “An Act for regulating the Pilotage of Cape Fear River etc, this House agree to dele the Clause in the said Bill immediately following that for rating the Pilotage, to the insertion of that you propose laying a penalty of Twenty Pounds on any person (not a branch pilot etc) for piloting any Vessel only adding after the word Vessel (unless in distress) we also agree to the provisional Clause you mention to be added, and send Mr John Harvey & Mr Cummings two of the Members af this House to see the said alterations made.

JOHN ASHE Speaker.

Received from the Council the following Message vizt

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill for Establishing an Orthodox Clergy, we think the repealing Clause therein contained is penned in too General words etc, and therefore propose that the first part of the repealing Clause to the word except, be deled, and instead thereof that such repealing Clause run in these words.

And be it further enacted by the authority aforesaid, that all and every Act and Acts heretofore passed relative to the making Provision for an Orthodox Clergy and all and every clause & article contained in any such Act or Acts except etct (as in the Bill).

To which Amendments if you agree please to send two of your members to see the same made.

Ordered the same lye for Consideration.

Received from the Council the Resolve of this House sent to them yesterday relative to the allowance of seventy six pounds to Peter Clear, etc. Endorsed May 16th 1765. In the Upper House the above resolve was taken into Consideration and concurred with.

JAs HASELL President.

Mr Cummings and Mr Jones moved for leave to absent themselves from the service of the House tomorrow.

Ordered they have leave accordingly.

Received from the Council the Bill for opening and cutting two Roads from the Ferry on the North West River opposite Eagles

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Island in Brunswick County And the Bill Confirming the Title of William Dry Esqre to certain Lands therein mentioned. Endorsed 16th May 1765. In the Upper House read the third time and Passed.

Ordered to be Engrossed.

Received from the Council the Resolve of this House sent to them yesterday relative to the Post. Endorsed May 16th 1765. In the Upper House the foregoing Resolve was taken under Consideration and Concurred with.

JAs HASELL President.

Resolved the said Message with the Endorsement thereon be sent by the Council to the Governor for Concurrence.

Sent by Mr Harvey and Mr Robt Howe.

On motion Ordered the Bill for facilitating the Navigation of Port Bath, Port Roanoak and Port Beaufort, be read the third time. Read the same a third time, Amended, passed and ordered to be sent to the Council.

Sent the same by Mr John Harvey and Mr Cummings.

Received from the Council the following Message vizt

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill for appointing a Public Treasurer for the Southern District in the room of John Starkey Esqrs deceased we observe you have deled Lewis DeRossett, nominated in this House for the vacancy, and have steted Richard Caswell Esqre that was deled in this House, we therefore propose that the name of Lewis DeRossett be steted & that of Richard Caswell Esqre be deled otherwise we cannot pass the Bill, if you agree to this Amendment please to send two of your Members to see the same made.

Resolved the following Message be sent to the Council

Gentlemen of His Majesty's Honble Council

In answer to your Message this day relative to the Bill for appointing a Treasurer for the Southern District in the room of John Starkey Esqre Deceased, wherein you propose to dele Richard Caswell, Esqre, and steting Lewis DeRossett Esqre to which proposition we do not agree, and desire your Honours will pass that Bill as it was sent you from this House.

JOHN ASHE Speaker.
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Resolved the following Message be sent to the Council

Gentlemen of His Majesty's Honble Council.

On reading your Message this day relative to the Bill for Establishing an Orthodox Clergy wherein you think the repealing Clause in that Act is penned too General, and propose that the first part of the to the word Except, be deled; and instead thereof, to insert a repealing clause as you therein mention to which this House agree, and send Mr Thomas Howe and Mr James Moore two of the Members of this House to see the same inserted in that Bill.

JOHN ASHE Speaker.

Sent by Mr Thos Howe and Mr James Moore.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

Received from the Council the Bill to impower the Sheriff of Orange County to collect a Tax of one shilling and six pence Proclamation money etc. Endorsed May 16th 1765. In the Upper House read the third time, Amended & Passed.

Ordered to be Engrossed.

His Honour the Governor returned the Message sent to him this day by Colo Harvey and Mr Robert Howe relative to the Post, for his Concurrence. Endorsed May 17th 1765. Concurred with

Wm TRYON.

Resolved that William Godfry be paid the sum of Ten Pounds out of the Public Treasury from the Contingent Fund for his service and expence in Transmitting the Copy of the Laws passed last Session of Assembly from Wilmington to James Davis Printer in New Bern.

Resolved the following Message be sent to the Council

This House have resolved that William Godfry be paid out of the Public Treasury from the Contingent Fund for his service and expence, in transmitting a Copy of the Laws of last Session of Assembly from Wilmington to James Davis Printer in New Bern, and desire your Honour's Concurrence thereto.

JNO ASHE Speaker.

Sent by Mr Thos Howe and Mr James Moore.

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Mr Robert Jones moved for leave to absent himself from the service of the House.

Ordered he have leave accordingly.

Received from the Council the Bill for Establishing an Orthodox Clergy. Endorsed May 16th 1765. In the Upper House read the third time, Amended & Passed.

Ordered to be Engrossed.

Then the House adjourned till tomorrow morning 9 o'clock


Fryday 17th May 1765.

The House met according to adjournment.

Received from the Council the Bill for facilitating the Navigation of Port Bath, Port Roanoak & Port Beaufort. Endorsed May 17th 1765. In the Upper House read the third time and Passed.

Ordered to be Engrossed.

Mr Cole moved for leave to absent himself from the service of the House.

Ordered he have leave accordingly.

Mr Joseph Jones one of the Members for Pasquotank County appeared.

On motion of Mr Thomas Clifford Howe, that James Davis Printer be allowed a sufficient sum to print the Laws and Journals of this Session, and transmit the same to the several inferior Courts in this Province, and others as usual.

Resolved that James Davis of the town of New Bern be and is hereby appointed to print the Laws and Journals of this Session of Assembly, and all Public Acts of Government, and that he transmitt two Copies of the Laws and Journals to his Honour the Lieutenant Governor one to the Chief Justice, and his Associate for each District, one to each Member of His Majesty's Council, one to each Member of Assembly one Copy to the Clerk of each Superior Court, Fifteen Copies to each Superior Court Clerk for the use of the Justices; and one to every such Clerk for the use of the Court within three months after the said James Davis shall have received attested Copies of the said Laws and Journals, and for his service he shall be paid by the Public Treasurers, or either one of them, by a Warrant from the Governor or Commer in Chief for the time being, the sum of One Hundred Pounds, proclamation money, and if he shall be guilty of any neglect in not complying with this

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Resolve there shall be a deduction out of such allowance made by the Assembly.

Resolved the above resolve be sent to His Majesty's Council for Concurrence.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to Adjournment.

Two of the Members of His Majestys Honble Council came to the House, and Mr Joseph Jones one of the Members for Pasquotank County appeared, took the oaths by Law appointed for his Qualification, subscribed the Test and took his seat in the House.

Then the House adjourned till 9 o'clock tomorrow morning.


Saturday May 18th 1765.

The House met according to Adjournment.

Mr Gibson and Mr Campbell moved for leave to absent themselves from the service of the House.

Ordered they have leave accordingly.

Resolved that Couchet Jouvencal be continued Agent for this Province for the twelve months to commence from the Expiration of his last appointment to that office by the Assembly.

Resolved that Robert Howe Esqre be and he is by this House appointed to be added to the Committee of Correspondence in the room and stead of John Starkey Esqre deceased, and vested with the same power and authority, the surviving Members of the said Committee are vested with.

James Davis Printer produced his Account against the Public on oath by which it appears there is a ballance due him of £90 Procl. Money.

Resolved the said sum of £90 be paid to the said James Davis by the Public Treasurer by a Warrant from the Governor or Commander in Chief for the time being out of the Contingent Tax.

Resolved the above resolves be sent to the Council for Concurrence.

Received from the Council the following Message, vizt

Mr Speaker & Gentlemen of the Assembly

This House desire all Letters and Papers received from the Agent in England since last Session of Assembly, be sent for their perusal.

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Sent the foregoing Resolves by Mr Taylor and Mr George Barrowe.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to Adjournment.

Received from the Council the Estimates of this House sent them this day. Endorsed 18th May 1765. In the Upper House concurred with.

JAMES HASELL President.

Sent the following Message to the Council, vizt

Gentlemen of his Majesty's Honble Council.

Being informed that in the Resolve sent to your Honour's of the 17th Instant for your Concurrence, relative to James Davis Printer the said Davis is not directed to furnish your Honrs with Copies of the Laws and Journals which omission we assure your Honours has been owing to an error of the Clerk in transcribing the same from the Journals and contrary to the intentions of this House.

JNO ASHE Speaker.

His Honour the Governor sent a Message to the House requiring the immediate attendance thereof in the Council Chamber.

Mr Speaker with the House waited on his Honor the Governor in the Council Chamber, and Mr Speaker presented the following Acts to His Honor for his Assent

“An Act for Establishing an Orthodox Clergy.

“An Act for facilitating the Navigation of Port Bath, Port Roanoak and Port Beaufort

“An Act for Opening & cutting two roads from the Ferry on the North West of Cape Fear etc.

“An Act to impower the Sheriff of Orange County to collect a tax of one shilling and sixpence, procl. money laid on the taxable persons in the sd County.

“An Act for confirming the title of William Dry Esqre to certain Lands therein mentioned.

To all of which (except the Act facilitating the Navigation of Port Bath, Port Roanoak, and Port Beaufort etc) his Honor was pleased to assent.

Then the House returned and Mr Speaker acquainted the House his Honour the Governor had passed the above mentioned Bills.

Then the House adjourned till 10 o'clock Monday morning, but was prorogued by Proclamation to the 27th day of November next.