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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
December 05, 1767 - December 31, 1767
Volume 07, Pages 565-594

[B. P. R. O. North Carolina. B. T. Vol. 32.]

North Carolina—Ss.

At an Assembly begun and held at Newbern the third day of November in the seventh 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 six and from thence continued by prorogation to the fifth day of December in the eighth year of the reign of our said Sovereign Lord the King and in the year of our Lord one thousand seven hundred and sixty seven being the second Session of this present Assembly—

In the House of Assembly

Saturday the 5th December 1767.

Mr Speaker and twenty five members appeared.

On motion Ordered Mr Waddell and Mr Thomas Howe wait on his Excellcy the Governor and acquaint him the House is met and desire to know when they shall wait on him, and being returned, brought for answer that His Excellency would receive the House on Monday next at 12 o'clock.

Mr Robert Howe acquainted the House that Mr John Paine late one of the Members for Brunswick County Mr Stephen Williams late

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one of the Members for Currituck County and Mr Samuel Swann late one of the Members for Pasquotank County are dead, and that Mr Richard Cogdell one of the Members for Carteret County having accepted the office of Inspector in Newbern Town and thereby his seat in the House is become vacant.

On motion resolved a message be sent to His Excellency the Governor desiring he would be pleased to direct the Clerk of the Crown to issue writs for electing Members for the said several Counties to sit and vote in this present Assembly in the room and stead of the said Mr John Paine, Mr Stephen Williams, Mr Samuel Swann and Mr Richard Cogdell.

Sent the following message to His Excellency the Governor vizt:

Sir,

This House beg leave to inform your Excelly that Mr John Paine, late one of the Members for Brunswick County, Mr Stephen Williams one of the Members for Currituck County, and Mr Samuel Swann late one of the Members for Pasquotank County are dead and Mr Richard Cogdell one of the Members for Carteret County hath accepted the Office of Inspector in the Town of Newbern whereby his seat in this House by law is become vacant.

Therefore desire your Excelly will be pleased to direct the Clerk of the Crown to issue writs for electing Members for the said several Counties to sit and vote in this present Assembly in the room and stead of the said Mr Paine, Mr Williams, Mr Swann and Mr Cogdell.

JOHN HARVEY, Speaker.

5th Decr 1767.

Sent by Mr Jacob Blount and Mr Cors Harnett.

Mr Joseph Montford the Member for Halifax Town appeared.

Two of the Members of His Majesty's honorable Council came to the House, and Mr Joseph Montford the Member for the Town of Halifax took the oaths by law appointed to his qualification subscribed the test and took his seat in the House.

Mr William Cray moved for leave to absent [himself] from the service of the House till Monday sevenight,

Ordered he have leave accordingly.

Then the House adjourned till Monday morning 11 o'clock.

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Monday the 7th Decr 1767.

The House met according to Adjournment.

Mr Benja Hardy one of the Members for Johnston County appeared.

His Excelly the Governor sent a message to this House requiring the immediate attendance thereof in the Council Chamber.

Mr Speaker with the Members waited on His Excellency the Governor in the Council Chamber then and there His Excell: was pleased to make a speech to this House, a Copy of which to prevent mistakes Mr Speaker obtained. Then Mr Speaker with the House returned, And Mr Speaker acquainted the House that he with the Members thereof had waited on his Excelly the Governor in the Council Chamber and that his Excelly had made a speech to this House and laid the same before them.

On motion Ordered the same be read. The same was read and ordered to be entered on the Journals of this House, and is as follows vizt:

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

Mr Ashe moved His Excellency's Speech lye till to morrow for consideration.

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


Tuesday the 8th December 1767.

The House met according to Adjournment.

Mr John Frohock, Mr Griffith Rutherford, Mr John Simpson, Mr John Spier, Mr Maurice Moore, and Mr Henry Dawson appeared.

Two of the Members of His Majesty's Honble Council came to the House and Mr Willie Jones and Mr Benj: Hardy took the Oaths by Law appointed for their qualification subscribed the Test, and took their seats in the House.

The Order of the day being read, Resolved the consideration of His Excellency the Governor's Speech lye over till to morrow.

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


Wednesday the 9th of December 1767.

The House met according to Adjournment.

Mr Abraham Shepard one of the Members for Dobbs County appeared and took his seat.

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The Order of the day being read the House resolved into a Committee of the whole House to consider the several matters referred to by His Excellency in his speech to the Assembly for consideration and unanimously chose Mr Richard Caswell Chairman who was placed in the chair. After some time spent therein and the several matters in the said speech recommended fully understood the said Committee came to several resolutions thereon which Mr Chairman was directed to report to the House.

Then Mr Speaker resumed the chair

Mr Chairman reported that the Governor's speech was read in the said Committee and that they had come to several resolutions thereon which he laid before the House and were agreed to.

Resolved the said several resolutions of the said Committee be instructions to the Committee to be appointed to prepare an address in answer to his Excellency the Governor's Speech.

On motion Ordered Mr Robert Howe, Mr Mau: Moore and Mr Harnett be appointed a Committee to draw an address in answer to his Excellency the Governor's speech and they are appointed accordingly—and that they lay the same before the House for approbation.

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


Thursday the 10th of December 1767.

The House met according to Adjournment.

Mr Benj: Person and Mr John Smith appeared and took their seats in the House.

Mr Thomas Howe moved for leave to absent [himself] from the services of the House till Monday next.

Ordered he have leave accordingly.

Mr Robert Howe from the Committee appointed to prepare an address in answer to his Excelly the Governor's speech reported the Committee had prepared the same which he laid before the House for approbation.

Ordered the same be read—The same was read and resolved that the said address stand the address of this House and be entered on the Journal thereof as follows, to wit,

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North Carolina—Ss.

To His Excellency William Tryon Esquire His Majesty's Captain General Governor and Commander in Chief in and over the said Province.

Sir, We His Majesty's most dutifull and loyal Subjects the Members of Assembly of North Carolina beg leave to return your Excellency our thanks for your speech at the opening of this Session.

We cannot Sir but be sensible of the high obligation conferred upon us by your Excellency in superintending in person the running of the dividing lines between the Western Frontiers of this Province and the Cherokee hunting Grounds; and at the same time that we return you our warmest thanks for this important service, permit us to express the gratitude we feel for the unwearied attention your Excelly has always shown to every circumstance productive of the public good, which with your wisdom, care and diligence in the executive parts of Government, and that rectitude so apparent in all your actions demonstrate both to us and to the world how truly deserving you are of that confidence reposed in you by our royal Sovereign in the important appointment with which he has been graciously pleased to honour you.

We are very glad to be informed that your Excelly was pleased with the conduct of the Officers and soldiers that composed your escort, and also with the conduct of the Commrs and other Gentm who attended the running of the line. This House Sir, can receive no stronger Testimony of their good behaviour than their having met with your Excellency's approbation.

Whenever the papers relative to that service with the account of the expenses incurr'd thereon are laid before us we shall proceed to make a suitable allowance.

The thanks of the Public Sir, are justly due to your Excellency for the care and trouble you have been pleased to take in the erection of a House for the Governor for the time being and the great diligence, dispatch and propriety with which it has been executed makes, we doubt not, an application for a further aid necessary to its future progress, which consistent with the abilities and very distressed state of our Constituents we shall be willing to promote.

The Court laws which your Excellency has been pleased to recommend to us with a particularity the importance of the subject so justly merits shall receive the fullest consideration of this House, and such measures be pursued as shall appear to us to be most salutary

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in their consequences, strictly agreeing with your Excellency that those Laws which experience has taught us are adapted to the circumstances and situation of a Country must always be beneficial to the Public.

The abuses in the department of the Sheriff's Office cry aloud for and shall receive the strictest attention and correction; and when your Excelly shall be pleased to favour this House with the representations you so obligingly promise to lay before us we shall duly attend to the inconveniencies you point out, and endeavour to provide the properest remedies; nor shall the imbezzlement and irregularities committed by other Collectors of the Public revenues escape the most exact enquiry nor anything be wanting on our part to prevent such abuses for the future.

We allow, Sir, that a proportion of the revenues of a Country is absolutely requisite to the support of its Government: what your Excelly therefore has said on that head shall be taken into consideration as well as every other matter and thing you have been pleased either to mention or recommend to us. Permit us, Sir, to express the happiness we feel on being informed from such good authority as your Excellency's own observation that Harmony and Industry prevail in this Province, such a disposition in our people was never more essentially necessary than at this particular crisis when, distress, almost to ruin seems to be our inevitable lot, from the great want of a sufficient quantity of circulating currency to serve as a medium in Trade, the efforts therefore of industry will not fail to receive the utmost encouragement we can bestow, and every laudable measure be made use of by us to avert or delay the impending mischiefs, which from the still greater scarcity of a currency must consequently ensue. Your Excelly may be assured no method in our power shall be unpursued which can promote the honour of His Majesty's Government, the Happiness of your Excellency's Administration and the true interest and prosperity of this Province.

JOHN HARVEY. Speaker.

Decr 11th 1767.

Mr Harnett, Mr Harris, Mr Person, Mr Dawson, Mr Fanning, Mr Willie Jones and Mr Simpson are appointed a Committee to settle the public accounts of this Province; and Mr Caswell, Mr Benton, Mr Frohock, Mr Waddell, Mr Barrow, Mr Haywood, Mr Bradford, Mr

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Lloyd and Mr Kenan are appointed a Committee to settle and allow the claims on the Public.

Ordered the following message be sent to His Majesty's Council vizt

Gentm of His Majesty's Honble Council

This House have appointed Mr Harnett, Mr Harris, Mr Person, Mr Dawson, Mr Fanning, Mr Willie Jones and Mr John Simpson a Committee of this House to settle the Public Accounts of this Province, and Mr Caswell, Mr Benton, Mr Frohock, Mr Waddell, Mr Barrow, Mr Haywood, Mr Bradford, Mr Lloyd and Mr Kenan a Committee of this House to settle and allow the claims on the Public in Conjunction with such of your Honours as you shall think proper to appoint.

JOHN HARVEY. Speaker.
By order
Wm Heritage, Clk.

10th Decr 1767.

Sent by Mr Dawson and Mr Person.

Mr Shepard, Mr Harris, Mr Lloyd, Mr Jacob Blount, Mr Benj: Blount, Mr Barrow, Mr Rutherford, Mr Branch, Mr Dawson, Mr Kenan, Mr Benj: Ward, Mr Polk, Mr Waddell, Mr Richd Ward, Mr Spier, Mr John Smith, Mr Harnett and Mr Haywood are appointed a Committee on Propositions and Grievances.

On motion Ordered Mr Caswell, Mr Fanning and Mr Frohock be appointed a Committee to examine into the state of the public funds and report the same to the House.

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


Fryday the 11th December 1767

The House met according to Adjournment.

Mr Farquhar Campbell appeared and took his seat in the House.

A certificate of the election of Mr John Walsh a representative for Campbelton was returned by the Clerk of the Crown pursuant to which Mr John Walsh appeared.

Mr Francis Ward moved for leave to absent [himself] from the service of the House till Monday sevenight; and Mr Jacob Blount moved for leave to absent [himself] from the service of the House till Monday next.

Ordered they have leave accordingly.

Mr Howe and Mr Fanning waited on his Excellency the Governor and acquainted him the House desire to know when they

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shall wait on him with the address thereof, returned for answer that His Excellency will let them know when he would receive them.

His Excelly the Govr sent a verbal message by Mr Edwards, requiring the immediate attendance of the House with the Address thereof.

Mr Speaker and the Members of the House waited on his Excelly the Govr in the Council Chamber, and Mr Speaker presented the Address thereof to His Excelly who was pleased to answer the same a Copy of which to prevent mistakes Mr Speaker obtained and reported the same to the House, which was ordered to be read, the same was read; and ordered to be entered on the Journals of the House—And is as follows—to wit—

Mr Speaker & Gentm of the House of Assembly.

The honble Testimonies you give me in your approbation of my slender services to this Province and my endeavours to discharge the important duties of a station His Majesty has honored me with in this Government merit my warmest acknowledgments.

I am happy to receive your assurances to take into your consideration the several matters I recommended to you, as by the exertion of your abilities I doubt not but the most effectual measures will be pursued for the accomplishment of the grand ends in view.

The distresses you take notice this Country feels for want of a greater circulation of Currency I flatter myself will be relieved in due season by the wisdom of His Majesty and His Parliament.

A steady pursuit of the laudable views of Government you have adopted will add new life to my zeal and affection for the welfare of this Country, as your inclination to promote the happiness of my Administration receives the tribute of my unfeign'd thanks.—

Two of the Members of His Majesty's Council came to the House and Mr John Walsh appeared—took the Oaths by Law appointed for his qualification subscribed the Test and took his seat in the House.

Received the following message from His Majesty's Honble Council—vizt

Mr Speaker & Gentm of the House of Assembly,

In answer to your message relative to the Committees we have appointed the honble John Rutherford, Alexander McCulloch and William Dry Esqrs a Committee of this House to settle the Public

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Accounts, and the honble Lewis DeRossett, John Sampson and Benjamin Heron Esqrs a Committee of this House to settle and allow the Public Claims.


In the Upper House 11th Decr 1767.
By Order
JOHN BURGWIN Clk.

Mr Robert Howe moved that the House tomorrow resolve into a Committee of the whole House to take under consideration a plan for establishing a system of Court Laws.

Resolved the House resolve into a Committee of the whole House for the purposes aforesaid.

Mr Caswell moved for leave to present a Bill for building a Goal & goalers House for the district of New Bern in the Town of New Bern.

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 pass'd and ordered to be sent to the Council.

Sent by Mr Blount and Mr Blinn.

On motion Ordered that Mr Waddell, Mr Frohock, Mr Ashe, Mr Robt Howe and Mr Fanning be appointed a Committee to prepare and bring in a Bill for establishing and appointing a militia and they are accordingly appointed.

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


Saturday the 12th December 1767

The House met according to adjournment.

Mr Samuel Johnson and Mr Joseph Williams appeared and took their seats.

The Order of the day being read the House resolved into a Committee of the whole House to take under consideration a plan for establishing a system of Court Laws; and Mr Joseph Montford was unanimously appointed chairman and took the chair accordingly, after some time spent therein the Committee came to several resolutions which Mr Chairman was directed to report to the House,

Then on motion the Committee arose and Mr Chairman resumed the chair.

Mr Chairman reported that the Committee had taken under consideration a plan for establishing a system of Court Laws and came

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to several resolutions thereon but not having time fully to consider the matters laid before them desire leave to sit again on Monday next. Resolved the said Committee sit again on Monday next.

Mr Fanning moved for leave to present a Bill for appointing a public Treasurer for the Northern District and other purposes.

Ordered he have leave accordingly.

Mr Fanning 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 pass'd and ordered to be sent to the Council.

Sent by Mr Waddell and Mr Jones.

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


Monday the 14th December 1767.

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 spent therein the Committee came to several resolutions thereon, then the motion was made that the Committee rise, the Committee arose, and Mr Speaker resumed the chair. Resolved the Committee sit again to morrow.

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


Tuesday the 15th December 1767.

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 spent therein the Committee came to several resolutions thereon, then the motion was made that the Committee rise, the Committee arose and Mr Speaker resumed the chair.

Mr Chairman reported that the Committee have had under consideration the plan for establishing a system of Court Laws and came to several resolutions thereon which he reported to the House, The same were read. Resolved that the report of the said Committee be instructions to the Committee to be appointed to prepare and bring in a Bill for establishing a system of Court Laws.

Then on motion Ordered that Mr Maurice Moore, Mr Harnett, Mr Ashe, Mr Barrow and Mr Robert Howe prepare and bring in a Bill dividing this Province into five several Districts and for establishing a superior Court of Justice in each of the said districts and regulating the Proceedings therein.

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On motion Ordered Mr Dawson, Mr Caswell, Mr Cray, Mr Benton, Mr Jones, Mr Person and Mr Johnson be appointed to prepare and bring in a Bill to amend and continue the several Acts for establishing inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province and regulating the Proceedings therein, and they are accordingly appointed.

Mr Caswell moved for leave to bring in a Bill for appointing jurymen in all causes criminal and civil.

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

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


Wednesday the 16th December 1767.

The House met according to adjournment.

Mr Benj. Wynns one of the Members for Hertford County appeared.

Mr Edward Vail appeared and took his seat in the House.

A Certificate from the County Court of Granville was produced to the House therein recommending William Jennings to be exempt from paying public Taxes. Granted—

A Certificate from the County Court of Northampton was produced therein recommending Patience Murrell, George Barclay, Elizabeth Jordan, Zion Hill & John Wade to be exempt from paying public taxes. Granted.

And Certificates from the Court of Bute County therein recommending William Bailey, William Russell, and Edward Cary to be exempt from paying public taxes. Granted—but as to William Cary—rejected.

Received from the Council the Bill for building a Goal and Goaler's House for the district of New Bern in the Town of New Bern. Endorsed 12th Decr 1767.—In the Upper House read the first time and passed.

And the Bill to appoint a public Treasurer for the Northern District and other purposes. Endorsed 15th Decr 1767. In the Upper House read the first time and pass'd.

Two of the Members of His Majesty's honble Council came to the House & Mr Benj: Wynns appeared took the Oaths by Law appointed for his qualification subscribed the test and took his seat in the House.

Mr Willie Jones presented the petition of John Edmunds setting forth he is possessed of a piece of land on the North side of Roanoak

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river thro' which there is & has been for many years a public road & ferry &c, Praying an Act may pass for establishing a Ferry and road from & through the said land &c. Which was read & Mr Willie Jones moved for leave to prepare & bring in a Bill pursuant to the prayer of the said petition, to which Mr Dawson objected On which the question was put and pass'd in the affirmative. Then on motion Ordered Mr Jones prepare & bring in a Bill pursuant to the prayer of the said Petition.

On motion Ordered Mr Cray be added to the Committee of Accounts.

Mr Campbell moved for leave to present a Bill to empower the Justices of Currituck County to build a Prison Pillory and Stocks on the land whereon the Court House now stands.

Ordered he have leave accordingly.

Mr Campbell 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 pass'd and ordered to be sent to the Council.

Sent by Mr Campbell & Mr John Spiers.

Received from his Excelly a written message by Mr Edwards as follows—vizt

Mr Speaker & Gentm of the House of Assembly.

I send you herewith a estimate of the claims of the several persons who attended on the service of running a dividing line between the Western Frontiers of this Province and the Cherokee Hunting Grounds, the Commrs charges only excepted for your approbation and allowance the sums due to the non commissioned officers and private men, from the difficulty that would have arose to them in getting their pay after their separation I advanced to them on the credit of the Public at the time they were dismiss'd the service.

I also send you the several papers, relative to the above service, except the deed of settlement between the Commrs and Indians, which is lodged in the Secretary's Office.

Wm TRYON.

And also the several papers referred to therein.

On motion Ordered the said Message and the said several papers lye for consideration.

On motion resolved Mr Elmsley, Mr Fanning & Mr Montford be appointed a Committee to prepare and bring in a Bill for amending

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and reducing into one Act of Assembly the several Laws of this Province for appointing Sheriffs and regulating their duty in Office and they are appointed accordingly.

Mr Montford moved for leave to present a Bill for regulating the inspection of Tobacco and preventing Frauds in his Majesty's Customs.

Ordered he have leave accordingly.

Mr Montford presented the above mentioned Bill which he read in his place and delivered at the Table where the same was again read by the Clerk pass'd and ordered to be sent to the Council.

Sent by Mr Bradford and Mr Branch.

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


Thursday the 17th of December 1767.

The House met according to Adjournment.

Mr William Bartram one of the Members for Bladen County appeared and took his seat in the House.

A Certificate from the Court of Johnston County produced therein recommending Joseph Langston Junr John Walker and Jacob Stephens to be exempt from paying Public taxes and doing Public duties.—Granted.

And Ralph Broadrick from paying Public taxes—Granted.

Mr Dawson presented the petition of sundry inhabitants of Northampton County setting forth the utility of establishing a town on Meherin River in the said County at Figures' Warehouse in the fork of said river and Kerbys Creek &c.

Praying a Town be established at the Town aforesaid, which was read and On motion Ordered, Mr Dawson, Mr Willie Jones and Mr Benj: Wynns prepare and bring in a Bill pursuant to the Prayer of the said Petition.

On motion Ordered Mr Johnson and Mr Hewes be added to the Committee of Accounts.

Mr Frohock moved for leave to present a Bill for erecting in the Town of Salisbury a Public Gaol, Pillory and Stocks for the District of Salisbury in this Province.

Ordered he have leave accordingly.

Mr Frohock 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 pass'd and ordered to be sent to the Council.

Sent by Mr Campbell and Mr Blinn.

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Mr Waddell laid before the House the Accounts of the Cmrs appointed by his Excelly for running the dividing line between this Province and the Cherokee Hunting Grounds, which was read; and ordered to lye for consideration.

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


Friday the 18th of December 1767.

The House met according to Adjournment.

Received from the Council the Bill for erecting in the Town of Salisbury a Public Gaol, Pillory and Stocks for the District of Salisbury in this Province—And the Bill for regulating the inspection of Tobacco and preventing frauds in His Majesty's Customs. Endorsed 17th Decr 1767. In the Upper House read the first time and passed.

Mr Shepard presented a Petition of the Inhabitants of Dobbs County setting forth that the Court House in the said County and the situation of the same renders it inconvenient for holding the Courts for this County &c.

Praying the said County may be divided &c. Which was read, and Mr Shepard moved for leave to present a Bill pursuant to the Prayer of the said Petition.

Ordered he have leave accordingly.

Mr Shepard presented a Bill for dividing Dobbs County and other purposes—which he read in his place and delivered in at the Table where the same was read again by the Clerk pass'd and ordered to be sent to the Council.

Sent by Mr Shepard and Mr Kenan.

On motion Ordered the Bill for building a Goal & Goaler's House for the district of Newbern &c. be read a second time. Read the same a second time amended, pass'd and ordered to be sent to the Council.

Sent by Mr Shepard & Mr Kenan.

Mr Jones pursuant to Order brought in a Bill for establishing a Ferry at Mr John Edmunds landing on Roanoak &c. which he read in his place & delivered in at the Table where the same was again read by the Clerk pass'd and ordered to be sent to the Council.

Sent by Mr Jones & Mr Person.

On motion the Bill to appoint a Public Treasurer for the Northern District &c. be read a second time. Read the same a second time amended pass'd & ordered to be sent to the Council.

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Sent by Mr Bradford & Mr Person.

Received from the Council the Bill for dividing Dobbs County & other purposes—And the Bill to empower the Justices of Currituck County to build a Prison, Pillory & Stocks in said County &c. Endorsed 18th Decr 1767. In the Upper House read the first time and pass'd.

Mr Person presented a petition from the Inhabitants of the Westermost part of Northampton County setting forth that they labour under great hardships &c in attending the inferior Courts and other Public Meetings in the said County, at the now Court House &c. Praying a Law may pass for annexing part of said County of Northampton to Bute County—Which was read.

And Mr Person moved for leave to bring in a Bill pursuant to the prayer of the said Petition—

Ordered he have leave accordingly—

Mr Person 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 pass'd and ordered to be sent to the Council.

Sent by Mr Bradford & Mr Person.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to Adjournment.

On Motion Ordered the Bill to empower the Justices of Currituck County to build a Prison, Pillory & Stocks in the said County &c. be read a second time, Read the same a second time amended pass'd and ordered to be sent to the Council.

Sent the same by Mr Bradford & Mr Person.

On Motion Ordered the Bill for regulating the Inspection of Tobacco and preventing Frauds in His Majesty's Customs be read a second time. Read the same a second time amended, pass'd & ordered to be sent to the Council,

Sent by Mr Haywood & Mr Branch.

Then the House adjourned till 10 o'clock tomorrow morning


Saturday the 19th December 1767.

Then the House met according to Adjournment.

Mr Samuel Spencer one of the Members for Anson County appeared & took his seat in the House.

On Motion Ordered Mr Benton, Mr Dawson and Mr Campbell prepare and bring in a Bill to amend & continue an Act entitled an

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Act for rendering more effectual the Laws making Land and other real Estate lyable to the payment of debts.

On Motion Ordered the Bill for erecting in the Town of Salisbury a Gaol, Pillory and Stocks for the district of Salisbury be read a second time. Read the same a second time, amended, pass'd and ordered to be sent to the Council.

Mr Barrow from the Committee appointed to prepare and bring in a Bill for dividing this Province into several districts and for establishing a superior Court of Justice in each of the said Districts and regulating the Proceedings therein, reported that 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 pass'd & ordered to be sent to the Council.

Mr Harnett moved for leave to present a Bill to amend an Act entitled an Act for regulating the Town of Wilmington.

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 pass'd and Ordered to be sent to the Council.

Mr Caswell pursuant to Order presented a Bill directing the appointing Jurymen in all causes criminal and civil which he read in his place and delivered in at the Table where the same was again read by the Clerk pass'd and ordered to be sent to the Council.

Sent the above four Bills by Mr Haywood and Mr Branch.

Mr Caswell moved for leave to present a Bill for destroying Crows & Squirrels in the several Counties therein mentioned—

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, pass'd & ordered to be sent to the Council.

Sent by Mr Thomas Howe & Mr Jacob Blount.

On motion resolved that a Capt. Commandant and ten men be employed to garrison Fort Johnston & that the said Captain be allowed six shillings and eight pence per diem and each man one shilling and four pence per diem & eight pence per diem for subsistence for one year and from thence to the end of the next Session of Assembly.

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

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Monday the 21st December 1767.

The House met according to adjournment.

Mr Edmund Smithwick, Mr Jasper Charleton, Mr Joseph Jones and Mr John Sawyer appeared.

Two of the members of His Majesty's Council came to the House and Mr Walter Gibson one of the representatives for Cumberland County appeared, took the Oaths by Law appointed for his Qualification, subscribed the Test and took his seat in the House.

Mr William Cole one of the members for Carteret County appeared & took his seat in the House.

Received from the Council the Bill for dividing this Province into several Districts &c. Endorsed 21st Decr 1767. In the Upper House Read the first time and passed.

And the Bill for building a Public Gaol &c. for the District of Newbern &c.—Endorsed 18th Decr 1767. In the Upper House Read the second time amended and pass'd.

Received a written message together with the Papers therein mentioned by Mr Edwards from his Excelly the Governor &c. vizt:

Mr Speaker & Gentm of the Assembly,

I herewith send you for your information the plan and elevation of the House & Offices to be constructed for the residence of the Governor for the time being together with an Estimate of the whole expense of building and fully compleating the same. I am to acquaint you that the sum granted and ordered to be paid to me by the Treasurers of the last session of Assembly for carrying on the said building has not been satisfied; my account current with the Treasurers (a statement of which I now send you) will shew the remaining sum due to me for the said service, I therefore request that you will not only make a provision for the immediate payment thereof, but also grant what further aid may be found necessary, as the engagements I have already entered into on account of the said Building fully amount to the whole sum granted for that purpose.

Wm TRYON.

Resolved the said message and papers lye for consideration.

Mr Elmsley moved for leave to bring in a Bill for vesting certain lots in the town of New Bern in the Governor for the time being and his Successors.

Ordered he have leave accordingly.

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On motion Ordered Mr Samuel Spencer be added to the Committee of claims.

On motion Ordered the Bill for dividing Dobbs County and other purposes be read the second time, Read the same a second time amended, pass'd and ordered to be sent to the Council.

Sent by Mr Jos. Jones and Mr Cole.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill for regulating the inspection of Tobacco &c. Endorsed 21st Decr 1767. In the Upper House. Read the second time & pass'd with amendments.

The Bill for establishing a Ferry at Mr John Edmund's landing on Roanoke &c

And the Bill for destroying Crows & Squirrels &c. Endorsed 21st Decr 1767. In the Upper House. Read the first time and passed.

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


Tuesday the 22d of December 1767.

The House met according to Adjournment

On motion Ordered the Bill for dividing this Province into several districts and for establishing a superior Court of Justice in each of said Districts &c. be read the second time, read the same a second time amended pass'd and Ordered to be sent to the Council

Sent by Mr Waddell and Mr Willie Jones.

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


Wednesday the 23d of December 1767.

The House met according to Adjournment.

Mr Haywood moved for leave to present a Bill for enlarging the time for saving lots in the town of Tarborough.

Ordered he have leave accordingly.

Mr Haywood 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 pass'd & ordered to be sent to the Council.

On motion, Ordered the Bill for building a Gaol and Gaoler's House in New-Bern &c. be read the third time, read the same a third time amended pass'd & ordered to be sent to the Council,

Sent the above two Bills by Mr Haywood & Mr Sawyer.

-------------------- page 583 --------------------

Mr Needham Bryan moved for leave to absent [himself] from the service of the House.

Ordered he have leave accordingly.

Resolved the following message be sent to the Council vizt:

Gentmn of His Majesty's Honblo Council

We herewith send you a resolve of this House relative to the appointment of a Capt. Commandant and ten men to garrison Fort Johnston & desire your Honor's concurrence.

JOHN HARVEY, Speaker.
By Order
Wm Herritage Clk.

23d Decr 1767.

On motion Ordered the Bill for destroying Crows and Squirrels &c. be read a second time—read the same a second time amended, pass'd & ordered to be sent to the Council.

Sent by Mr Campbell & Mr Phyfer.

On motion Ordered the Bill for establishing a Ferry at Mr John Edmunds landing on Roanoak &c. be read the second time—read the same a second time.

Then the motion was made and the question put that the said Bill pass and carried in the negative.

Two Certificates from the County Court of Granville were produced therein recommending George Miller to be exempt from paying Public Taxes and doing Public Duties; and Daniel Macfarlin to be exempt from paying public Taxes—Granted.

On motion Ordered the Bill for regulating the Inspection of Tobacco and preventing Frauds in His Majesty's Customs be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Ashe & Mr Harnett.

Received from the Council the message of this day relative to the appointing a Capt. Commandant &c. to garrison Fort Johnston. Endorsed In the Upper House 23d Decr 1767, Concurr'd with per Jas Hasell P. C.

And also the Bill for dividing this Province into six several Districts &c. Endorsed in the Upper House Decr 23d 1767, read the second time amended & passed.

Several Certificates from the County Court of Craven were produced to this House therein recommending Josiah Wood, William

-------------------- page 584 --------------------
Knox, Matthew Whilks, John Moore & Nicholas Lawley to be exempt from paying Public Taxes & doing Public Duties.—Granted.

Then the House adjourned till 4 o'clock [this] Afternoon.

P. M. The House met according to Adjournment.

Mr Dawson from the Committee appointed to prepare and bring in a Bill to amend and continue the several Acts for establishing inferior Courts of Pleas & Quarter Sessions in the several Counties in this Province—reported the Committee have prepared the said Bill which he presented, read the same in his place and delivered it 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 Person & Mr Spencer.

Received from the Council the Bill for annexing part of Northampton County to the County of Bute.

The Bill to amend an Act intitled an Act for the regulation of the Town of Wilmington. Endorsed 22d Decr 1767, In the Upper House read the first time and pass'd.

The Bill directing the appointing of Jurymen in all causes Criminal and Civil. Endorsed 21st Decr 1767, In the Upper House read the first time and pass'd.

Bill to impower the Justices of Currituck County to build a Prison, Pillory & Stocks &c. Endorsed 22d Decr 1767, In the Upper House read the second time and pass'd.

On Motion Ordered the Bill for annexing part of Northampton County to the County of Bute, be read the second time, Read the same a second time amended, pass'd & ordered to be sent to the Council.

Mr Elmsley pursuant to Order presented a Bill for an additional Act to an Act for erecting a convenient building within the town of New Bern for the residence of the Govr or Commander in Chief for the time being, which he read in his place and delivered in at the Table where the same was again read by the Clerk pass'd and ordered to be sent to the Council.

Sent the above two Bills by Mr Person & Mr Spencer.

Mr Montford moved for leave to present a Bill for establishing a Public Ware House in the Town of Halifax

Ordered he have leave accordingly.

Mr Montford presented the above mentioned Bill which he read in his place and delivered in at the Table where the same was

-------------------- page 585 --------------------
again read by the Clerk pass'd and Ordered to be sent to the Council.

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


Thursday the 24th December 1767.

The House met according to Adjournment.

Received from the Council the Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions &c—And the Bill for an additional Bill to an Act for erecting a convenient building within the Town of New Bern for the residence of the Governor &c. Endorsed 23d Decr 1767. In the Upper House read the first time and pass'd.

On Motion Ordered the Bill to amend an Act intitled an Act for the regulation of the Town of Wilmington be read the second time—Read the same a second time amended pass'd & ordered to be sent to the Council.

Sent by Mr Person & Mr Ward.

Received from the Council the Bill for annexing part of Northampton County to the County of Bute—And the Bill for destroying Crows & Squirrells &c. Endorsed 24th Decr 1767, In the Upper House read the second time & pass'd.

The Bill for enlarging the time for saving Lots in the Town of Tarborough. And also the Bill for establishing a Public Warehouse in the Town of Halifax for the inspection of Hemp. Endorsed 24th Decr 1767, In the Upper House read the first time and pass'd.

On Motion Ordered the Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions &c. be read—Read the same Then On Motion resolved the said Bill be committed to Mr Caswell, Mr Montford and Mr Harnett & that they report such amendments as they shall think necessary to the said Bill—

On Motion Ordered the Bill for annexing part of Northampton County to the County of Bute be read the third time. Read the same a third time pass'd & ordered to be sent to the Council.

Sent by Mr Person & Mr Ward.

Mr Walsh presented the Petition of several of the Inhabitants of Cumberland County. Praying the Public Buildings for the said County may be erected at Cross Creek, which was read and resolved that the said Petition lye on the Table.

-------------------- page 586 --------------------

Pursuant to an Order of the last Session of Assembly appointing Mr Cullen Pollock, Mr Edward Vail, Mr James Blount, Mr Mathias Brickell, Mr Jacob Blount, Mr Benj: Wynns and Mr Jasper Charleton or the majority of them to view a certain piece of land in Bertie County belonging to Mr William Gray and also a piece of land lying on Cashy in Bertie County whereon the Court House now stands and to report which place of the two is most convenient and best to erect a Town at.

In obedience to which Mr Cullen Pollock, Mr Jasper Charleton, Mr Benj: Wynns, and Mr Jacob Blount reported they had viewed the said two several Places and are of opinion that the land of William Gray is the most commodious, fit and convenient for a Township, On which Mr Jacob Blount moved for leave to bring in a Bill pursuant to the report of the said Mr Pollock, Mr Jasper Charleton, Mr Benj: Wynns & Mr Jacob Blount.

Ordered he have leave accordingly.

Mr Jacob Blount, Mr John Simpson & Mr John Spier moved for leave to absent [themselves] from the service of the House till Monday next—And Mr William Haywood, Mr Benj: Wynns & Mr Benj: Person moved for leave to absent [themselves] from the service of the House till the end of this Session.

Ordered they have leave accordingly.

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


Fryday the 25th December 1767.

The House met according to Adjournment.

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


Saturday the 26th December 1767.

The House met according to Adjournment.

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


Monday the 28th December 1767.

The House met according to Adjournment.

Mr Hewes moved for leave to present a Bill for establishing a School House in the Town of Edenton.

Ordered he have leave accordingly.

Mr Hewes 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, pass'd & ordered to be sent to the Council.

-------------------- page 587 --------------------

Mr Knox moved for leave to present a Bill to continue an Act intitled an Act for enlarging the time allowed for saving lots in the Town of Hertford on the west side of Perquimans river to Newbys point on the east side of said river.

Ordered he have leave accordingly.

Mr Knox 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, pass'd and Ordered to be sent to the Council.

On motion Ordered the Bill for enlarging the time for saving lots in the Town of Tarborough and appointing Trustees for the said Town be read a second time—Read the same a second time, pass'd and Ordered to be sent to the Council.

Sent the above three Bills by Mr Knox & Mr Cole.

On motion Ordered the Bill for erecting a Warehouse in the Town of Halifax for the inspection of Hemp be read a second time—Read the same a second time, amended, pass'd and Ordered to be sent to the Council.

Sent by Mr Jacob Blount and Mr Thomas Howe.

Received from the Council the Bill for erecting in the Town of Salisbury a Public Gaol, Pillory and Stocks for the district of Salisbury &c. Endorsed 28th Decr 1767, In the Upper House. Read the second time & pass'd with amendmts.

And the Bill for establishing a school House in the Town of Edenton. Endorsed 28th Decr 1767, In the Upper House Read the first time and passed.

On motion Ordered the Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts be read—Read the same.

Resolved the said Bill be committed to Mr Fanning, Mr Elmsley and Mr Johnston to draw up the amendmts necessary to the said Bill and that they report the same to the House for approbation.

Received from the Council the Bill enlarging the time for saving lotts in the Town of Tarborough. Endorsed 28th Decr 1767, In the Upper House read the second time and pass'd.

And the Bill to continue an Act entitled an Act for enlarging the time allowed for saving lotts in the Town of Hertford. Endorsed 28th Decr 1767, In the Upper House read the first time and pass'd.

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

-------------------- page 588 --------------------

Tuesday 29th of December 1767.

The House met according to Adjournment.

Mr Campbell from the Committee appointed to prepare and bring in a Bill to amend and continue an Act intitled an Act for rendering more effectual the several Laws making lands and other real Estate lyable to the payment of debts, reported the Committee have prepared the same which he read in his place and delivered in at the Table where the same was again read by the Clerk pass'd & ordered to be sent to the Council—

On Motion Ordered the Bill to continue an Act intitled an Act for enlarging the time allowed for saving lotts in the Town of Hertford &c. be read a second time, Read the same a second time amended, pass'd and ordered to be sent to the Council.

On Motion Ordered the Bill to impower the Justices of Currituck County to build a prison &c. be read a third time, Read the same a third time pass'd and ordered to be sent to the Council.

Sent the above three Bills by Mr Harris and Mr Campbell.

Mr Hewes moved for leave to present a Bill to amend an Act intitled an Act for facilitating the navigation of Port Roanoak, Port Bath & Port Beaufort.

Ordered he have leave accordingly.

Mr Hewes 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, pass'd & ordered to be sent to the Council.

On Motion Ordered the Bill for establishing a School House in the Town of Edenton be read the second time—Read the same a second time, amended, pass'd and ordered to be sent to the Council.

On Motion Ordered the Bill for erecting a Gaol &c. in the Town of Salisbury for the District of Salisbury &c. be read the third time—Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent the above three Bills by Mr Jos. Jones and Mr B. Blount.

Mr Thomas Howe moved for leave to present a Bill for printing and publishing the several Acts of Assembly of this Province.

Ordered he have leave accordingly.

Mr Howe 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, pass'd & ordered to be sent to the Council.

Mr Fanning from the Committee appointed to draw up the necessary amendments to the Bill for dividing this Province into six

-------------------- page 589 --------------------
several Districts &c—reported the Committee have drawn up several amendments to the said Bill which he read in his place—resolved the same be received and annexed to the said Bill—The same are annexed accordingly. Then On Motion Ordered the said Bill 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 Jacob Blount and Mr Thomas Howe.

Resolved the resolve of the 19th instant relative to the appointment of a Capt: Commandant and ten men to Garrison Fort Johnston be sent to His Excellency the Governor for his assent; and also the following message to wit—

To His Excellency William Tryon, Esquire, Captain General Governor &c. in and over the said Province

Sir,

This House herewith send your Excellency a resolve thereof, of the 19th Instant relative to the appointment of a Capt. Commandant and ten men to Garrison Fort Johnston (to which His Majesty's Honble Council have concurred) and desire your Excellency will be pleased to assent thereto—


29th Decr 1767.
JOHN HARVEY, Speaker.

Sent by Col. Robt. Howe

Received from the Council the following Bills—vizt

The Bill for establishing a School House in the Town of Edenton.

The Bill to continue an Act entitled an Act for enlarging the time allowed for saving Lotts in the Town of Hertford. Endorsed 29th Decr 1767, In the Upper House read the second time and pass'd with amendments.

And the Bill to amend an Act entitled an Act for facilitating the navigation of Port Bath Port Roanoak and Port Beaufort. Endorsed 29th Decr 1767, In the Upper House read the first time and pass'd.

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


Wednesday the 30th December 1767.

The House met according to Adjournment.

Mr Thomas Respess one of the Members for Beaufort County appeared.

-------------------- page 590 --------------------

On motion Ordered the Bill to continue an Act intitled An Act for enlarging the time for saving Lotts in the Town of Hertford &c. be read a third time. Read the same a third time pass'd and ordered to be sent to the Council.

The Bill for enlarging the time allowed for saving Lotts in the Town of Tarborough be read the third time. Read the same a third time, pass'd and ordered to be sent to the Council.

The Bill for destroying Crows and Squirrels in the several Counties therein mentioned—be read the third time. Read the same a third time, amended, pass'd and ordered to be sent to the Council.

Sent the above three Bills by Mr Knox & Mr Benj: Harvey.

Agreed to the resolve of this House last Session of the 28th of Novr 1766. the House took into consideration the sum necessary to allow Mr Samuel Wiley for surveying the Catawba Lands &c. And resolved the said Mr Wiley be allowed for his service aforementioned the sum of fifty pounds Procln Money and paid him by the Treasurers of this Province out of the Contingent Fund.

Mr Polk moved for leave to present a Bill for dividing the County of Mecklenburgh and other purposes.

Ordered he have leave accordingly.

Mr Polk 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 pass'd & ordered to be sent to the Council.

On motion Ordered the Bill for an additional Act to an Act intitled an Act for erecting a convenient building within the Town of New-Bern for the residence of the Governor or Commander in chief for the time being—be read a second time. Read the same a second time amended, passed & ordered to be sent to the Council.

Sent the above two Bills by Mr Willie Jones & Mr Hewes.

Received from the Council the Bill to appoint a Public Treasurer for the Northern District & other purposes Endorsed 30th Decr 1767 In the Upper House read the third time & pass'd with amendments.

And the Bill to amend and continue an Act intitled An Act for rendering more effectual the several laws making Lands and other real estate lyable to the payment of debts. Endorsed 30th Decr 1767. In the Upper House read the first time & pass'd.

On motion Ordered the Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province be read a second time. Read

-------------------- page 591 --------------------
the same a second time amended, pass'd & ordered to be sent to the Council,

Mr Harnett moved for leave to present a Bill for the further amending an Act intitled an Act to prevent the exportation of unmerchantable commodities.

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.

Mr Walsh moved for leave to present a Bill to amend an Act intitled an Act for establishing a Town on the Lands of John and William Russell minors, sons of John Russell deceased, on the West side of the North West branch of Cape Fear river near the mouth of Cross Creek, by the name of Campbelton, and other purposes.

Ordered he have leave accordingly.

Mr Walsh 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 establishing a School House in the Town of Edenton, be read a third time. Read the same a third time amended pass'd and ordered to be sent to the Council.

On motion Ordered the Bill to amend an Act intitled an Act for facilitating the navigation of Port Roanoke, Port Bath and Port Beaufort be read the second time. Read the same a second time, amended pass'd & ordered to be sent to the Council.

Mr Knox moved for leave to present a Bill for rating Gold and Silver Coin and making it a Tender in all payments.

Ordered he have leave accordingly.

Mr Knox 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, pass'd and ordered to be sent to the Council.

Sent the above six Bills by Mr Hardy & Mr Blinn.

Mr Dawson and Mr Bradford moved for leave to absent [themselves] from the service of the House till the end of the Session.

Ordered they have leave accordingly.

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


Thursday the 31st December 1767.

The House met according to Adjournment.

-------------------- page 592 --------------------

Mr Hardy moved for leave to present a Bill for establishing a Vestry for the Parish of St Stephen in Johnston County.

Ordered he have leave accordingly.

Mr Hardy 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, pass'd & ordered to be sent to the Council.

Mr Barrow moved for leave to present a Bill concerning Free Negroes.

Ordered he have leave accordingly.

Mr Barrow presented the above mentioned Bill which he read in his place & delivered in at the Table where the same was again read by the Clerk, pass'd & ordered to be sent to the Council.

Mr Simpson presented the petition of the Inhabitants of Pitt County, setting forth &c., Praying a Town may be erected on Tyson's Plantation &c.

Ordered the said Petition lye on the Table for consideration.

Mr Fanning moved for leave to present a Bill for regulating the method to be observed in taking up of stray horses.

Ordered he have leave accordingly.

Mr Fanning presented the above mentioned Bill which he read in his place & delivered in at the Table where the same was again read by the Clerk pass'd and ordered to be sent to the Council.

Sent by Mr Hardy & Mr Respess.

Mr Elmsley moved for leave to present a Bill for vesting certain Lotts in the Town of New Bern in His Excelly the Governor and his Successors.

Ordered he have leave accordingly.

Mr Elmsley 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 pass'd & ordered to be sent to the Council.

Sent by Mr Hardy & Mr Respess.

Received from the Council the following Bills vizt: The Bill for erecting in the Town of Salisbury a Public Gaol, Pillory and Stocks for the District of Salisbury in this Province. Endorsed 31st Decr 1767. In the Upper House read the third time and passed. Ordered to be engrossed.

The Bill for an additional Act to an Act for erecting a convenient building within the Town of New Berne for the residence of the Governor or Commander in Chief for the time being. Endorsed

-------------------- page 593 --------------------
31st Decr 1767. In the Upper House read the second time and pass'd.

The Bill for rating Gold and Silver Coin and making it a Tender in all payments. Endorsed 31st Decr 1767, In the Upper House read the first time & pass'd.

And also the following message vizt:

Mr Speaker and Gentm of the Assembly,

On reading a third time the Bill for building a public Gaol and Gaolers House for the District of New-Bern in the Town of New-Bern we would propose that Samuel Cornell and John Hawks Esqrs be inserted in the said Bill as Trustees in conjunction with the three gentlemen already mentioned to which if you agree please to send some of your Members to see the same inserted.

In the Upper House.
JOHN BURGWIN Clk.

31st Decr 1767.

Ordered the following message be sent to the Council vizt:

Gentm of His Majesty's Honble Council.

In answer to your message of this day wherein you propose to insert Samuel Cornell & John Hawks Esqrs Trustees in conjunction with the three Gentlemen named in the Bill for building a Public Gaol & Gaoler's House in the Town of New-Bern, We agree thereto and send Mr Jacob Blount and Mr Richard Caswell two of the Members of this House to see the same inserted.

JOHN HARVEY, Speaker.
By order
Wm Heritage Clk.

31st Decr 1767.

Received from the Council the Bill for establishing Public Warehouses in the Towns of Halifax & Campbelton for the inspection of Hemp.

The Bill to amend an Act entitled an Act for facilitating the navigation of Port Roanoke, Port Bath and Port Beaufort. Endorsed 31st Decr 1767, In the Upper House read the second time amended and pass'd.

The Bill for building a Public Gaol and Gaoler's House for the District of New-Bern in the Town of New-Bern. Endorsed 31st Decr 1767, In the Upper House read the third time amended and pass'd. Ordered to be engross'd.

-------------------- page 594 --------------------

The Bill to impower the Justices of Currituck County to build a Prison, Pillory and Stocks &c. Endorsed 31st Decr 1767, In the Upper House read the third time and passed. Ordered to be engrossed.

And the Bill for the further amending an Act entitled an Act to prevent the exportation of unmerchantable Commodities. Endorsed 31st Decr 1767, In the Upper House read the first time and pass'd.

And also the Bill for vesting certain Lots in the Town of NewBern in His Excellency the Governor & his Successors. Endorsed 31st Decr 1767, In the Upper House read the first time and pass'd.

On motion Ordered the Bill directing the method of appointing Jurymen in all Causes criminal and Civil be read the second time.

Read the same a second time amended pass'd & ordered to be sent to the Council. Sent by Mr Kenan and Mr Walsh.

Received from the Council the Bill concerning free Negroes and the Bill for establishing a Vestry for the Parish of St Stephen in Johnston County. Endorsed 31st Decr 1767, In the Upper House read the first time and pass'd.

Mr Sawyer moved for leave to absent [himself] from the service of the House till the end of this Session, and Mr Knox till Wednesday next.

Ordered they have leave accordingly.

On motion Ordered the Bill for appointing a Public Treasurer for the Northern District of this Province be read the third time. Read the same a third time amended passed and ordered to be sent to the Council. Sent by Mr Kenan and Mr Walsh

On motion, Ordered the Bill for the further amending an Act entitled An Act to prevent the exportation of unmerchantable Commodities be read a second time. Read the same a second time, amended passed and ordered to be sent to the Council. Sent by Mr Kenan and Mr Walsh.

Then the House adjourned till 10 o'clock tomorrow morning [1st January, 1768.]

[For subsequent proceedings of the Assembly see Records of 1768.]