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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
January 01, 1768 - January 16, 1768
Volume 07, Pages 624-670

LEGISLATIVE JOURNALS.—Continued.
[Lower House of Assembly, continued from page 565.]


Fryday the 1st of January 1768.

The House met according to Adjournment.

Mr Smith presented a certificate from the County Court of Hyde therein recommending Joshua Tyson of said County to be exempt from paying Public Taxes and doing Public Duties. Granted.

On motion Ordered the Bill for establishing the Vestry elected for the Parish of St Stephen in Johnston County, be read the second time. Read the same a second time, pass'd and ordered to be sent to the Council.

On motion Ordered the Bill concerning free Negroes be read the second time, and then On motion Ordered the said Bill be committed to Mr Barrow and Mr Robt Howe for amendment and that they report such amendments (they may propose) to the House for approbation.

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

Ordered he have leave accordingly.

-------------------- page 625 --------------------

Mr Jacob Blount pursuant to Order presented a Bill for establishing a Town on the Land of William Gray on Cashy river in Bertie County 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 Hardy & Mr Blount.

On motion Ordered the Bill for establishing Warehouses in the Towns of Halifax and Campbelton &c. be read the third time. Read the same a third time pass'd and ordered to be sent to the Council, Sent by Mr Branch and Mr Walsh.

On motion Ordered the Bill to amend and continue an Act entitled an Act for rendering more effectual the several Laws making Lands and other real estate lyable to the payment of debts, 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 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 the third time. Read the same a third time amended pass'd & ordered to be sent to the Council.

Sent the above three Bills by Mr Branch & Mr Walsh.

Mr Johnston presented a Certificate from the Court of Chowan County therein recommending Butler Bennet of said County to be exempt from paying Public Taxes. Granted.

Mr Fanning presented several Certificates from the Court of Orange County therein recommending William Means, James Redfairn, Andrew Aikin, Richard Ford, Robert Wells, Joseph Clark, Thomas Dunnigan Senr, James Jones, John Cooper, Randolph Alexander, Joseph Studdant and William Reacer to be exempt from paying Public Taxes—Granted.

Received from the Council the Bill directing the appointing Jurymen in all Causes criminal & Civil. Endorsed 1st January 1768 In the Upper House read the first time amended & pass'd.

Mr Montford according to Order presented a Bill for appointing Sheriffs and directing their duty in Office, 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.

Received from the Council the Bill for annexing part of Northampton County to the County of Bute. Endorsed 1st January 1768,

-------------------- page 626 --------------------
In the Upper House read the third time and pass'd. Ordered to be engrossed.

On motion Ordered the Bill for vesting certain Lotts in the Town of Newbern in His Excellency the Governor and his Successors be read the second time. Read the same a second time amended pass'd and ordered to be sent to the Council.

Sent the above two Bills by Mr Benj: Harvey & Mr Respess.

Then the House adjourned till 10 o'clock tomorrow morning


Saturday the 2nd January 1768.

The House met according to Adjournment.

Mr Caswell presented a Certificate from the Court of Hertford County therein recommending Benj: Brown Senr and John Brown of said County to be exempt from paying poll Taxes during the time he labours under his present calamities—Granted

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

Mr Spencer presented two Certificates from the Court of Anson County therein recommending Ralph Mason and William Saunders of said County to be exempt from paying Taxes—Granted.

Mr Spencer moved for leave to present a Bill for laying out a Public road from the Frontiers of this Province thro' the Counties of Mecklenburg, Rowan, Anson, and Bladen to Wilmington & Brunswick. Ordered he have leave accordingly.

Mr Spencer 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 Caswell moved for leave to present a Bill for appointing a Vestry in the Parish of St Thomas in the County of Beaufort. 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 the above three Bills by Mr Spencer & Mr Blinn.

Mr Frohock, Mr Lloyd and Mr Rutherford moved for leave to absent themselves from the service of the House. Ordered they have leave accordingly.

-------------------- page 627 --------------------

Mr Maurice Moore moved for leave to present a Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England. Ordered he have leave accordingly.

Mr Maurice Moore 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 Mr Vail, Mr Respess & Mr Campbell be added to the Committee of Claims

On motion Ordered the Bill for rating Gold & Silver Coin and making it a Tender in all payments be read a second time. Read the same a second time amended pass'd & ordered to be sent to the Council.

Sent the above two Bills by Mr Gibson & Mr Phifer.

Mr Montford moved for leave to present a Bill for defraying the contingent charges of Government. 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 again read by the Clerk pass'd and ordered to be sent to the Council. Sent by Mr Campbell and Mr Simpson.

Mr Benton informed the House that one James Johnston in Public Companies grossly abused and aspersed the character of Mr Edmund Smithwick one of the members of this House in contempt and breach of the Privileges thereof.

Therefore moved that the said James Johnston be sent for in Custody of the Sergeant at arms to answer for such his conduct at the Bar of the House & that Mr Speaker issue his Warrant accordingly.

Received from the Council the Bill to amend an Act entitled an Act for the regulation of the Town of Wilmington. Endorsed 2d January 1768, In the Upper House read the second time amended & pass'd.

The Sergeant at Arms returned the Warrant to him directed to take the body of James Johnston in these words (to wit) In Virtue of the within Warrant to me directed I have taken the body of the said James Johnston as I am within commanded, so says Benj: Fordham Sergeant at Arms.

The Delinquent appeared at the Bar, avowed the Facts charged against him and offered to prove the same. It is therefore ordered he be kept in Custody of the said Sergt and that Mr Ashe, Mr Barrow,

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Mr Benton, Mr Jacob Blount, Mr Maurice Moore, Mr Willie Jones, Mr Harnett, Mr Vail and Mr Caswell be a Committee to inquire into the facts alleged against the said James Johnston and also that the said Committee have power to send for persons, papers and records for their information of the said facts and report their proceedings thereon to the House.

Received from the Council the Bill for appointing Sheriffs and directing their Duty in Office.

The Bill for defraying the contingent Charges of Government, And the Bill for appointing an Agent to solicit the Affairs of this Province at the several Boards in England. Endorsed 2d January 1768, In the Upper House read the first time and pass'd.

Then the House adjourned till 10 oClock Monday morning.


Monday 4th January 1768.

The House met according to adjournment

Received from the Council the Bill to amend & continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province. Endorsed 2d January 1768, In the Upper House read the second time & pass'd with amendments.

Mr Charleton moved for leave to absent [himself] from the service of the House tomorrow.

Ordered he have leave accordingly.

Mr Moore moved for leave to present a Bill to amend an Act intitled an Act to encourage Persons to settle in the Town of Brunswick on the No. West side of Cape Fear river.

Ordered he have leave accordingly.

Mr Moore 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 James Moore & Mr Williams.

Received from the Council an additional Bill to an Act for erecting a convenient building within the Town of Newbern for the residence of the Governor or Commander in Chief for the time being. Endorsed 4th January 1768, In the Upper House read the third time and passed. Ordered to be engrossed.

And the Bill for appointing a Vestry in the Parish of St Thomas in the County of Beaufort Endorsed 2d January 1768, In the Upper House read the first time and pass'd.

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Mr Ashe from the Committee appointed to enquire into the facts alledged against James Johnston relative to the abusing and detracting the character of Mr Edmund Smithwick in contempt and breach of the Priviledges of this House, reported that the said Committee had heard the allegations of the said Johnston and the evidences produced by him to the Committee; and are of opinion that the said Johnston hath not supported the facts which he avowedly proposed to do against the said Mr Smithwick

Resolved by the House that the said James Johnston hath not supported the facts which he proposed to do against the said Mr Edmund Smithwick.

The House taking the same under consideration resolved and Ordered that the said James Johnston for such his contempt and breach of the Privileges of this House, do on his knee ask pardon of the House and that standing he ask pardon of Mr Smithwick and that on paying seven pounds & ten shillings Proc: Money to the Sergeant for fees to himself and Clerk the said James Johnston be discharged.

Then the said James Johnston at the Bar of the House asked pardon pursuant to the above resolve and Order.

On Motion Ordered the Bill for appointing jurymen in all Causes Criminal & Civil be read the third time. Read the same a third time, amended, pass'd and ordered to be sent to the Council.

Sent by Mr Benj: Blount & Mr Ward.

Mr Elmsley moved for leave to present a Bill to amend the several Acts for regulating the Town of New Bern and for other purposes therein mentioned.

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.

Received from the Council the Bill to amend an Act intitled an Act for facilitating the navigation of Port Roanoak, Port Bath and Port Beaufort. Endorsed 4th January 1768, In the Upper House read the third time and passed. Ordered to be engrossed.

The Bill to amend an Act entitled an Act to encourage persons to settle in the Town of Brunswick &c.

The Bill to amend an Act entitled 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 &c.

-------------------- page 630 --------------------

The Bill for establishing a town on the land of William Gray on Cashey river.

The Bill for laying out a public road from the Frontiers of this Province thro' the Counties of Mecklenburgh, Rowan, Anson &c. Endorsed 4th January 1768, In the Upper House read the first time and pass'd.

And the Bill for establishing Public Warehouses in the Towns of Halifax and Campbelton. Endorsed 4th January 1768, In the Upper House read the third time and passed. Ordered to be engrossed.

Mr Waddell moved for leave to present a Bill to continue the Acts therein mentioned.

Ordered he have leave accordingly.

Mr Waddell 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.

Received from His Excellency the Governor a written message by Mr Edwards—vizt:—

Mr Speaker & Gentm of the House of Assembly,

I herewith send you an extract of a letter I received from Captain Hayward of His Majesty's sloop Martin stationed at Cape Fear, in the following words—“Understanding by Captain Morgan the great desertion of Seamen from His Majesty's ships owing to the encouragement they meet with and the opportunities & conveniences of their escaping being apprehended again, I am to pray your Excellency will be pleased if there is not already an Act of this Province against the Harbourers & Inticers of Seamen from the King's service (which I beg may be made public) to propose something of this nature to your Council that some methods may be taken to answer so salutary a purpose, and thereby prevent the disagreeable necessity of distressing the Merchants service, by impressing their men which must be the case whenever there is occasion for us to go to sea.”

Which having communicated to His Majesty's Council it was their advice I should recommend to your consideration, therefore hope you will fall on some method effectually to remedy the evil complained of.

Wm. TRYON.

The House took under consideration the above message, and

Resolved Mr Robert Howe prepare and bring in a Bill pursuant to the contents of said message.

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Mr Robt: Howe pursuant to order brought in a Bill to prevent the desertion of Seamen in His Majesty's service, 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.

Mr Ashe moved for leave to present a Bill to lay a tax on the Inhabitants of the several Counties within the District of Wilmington Superior Court to build a Gaol and Gaoler's House in the Town of Wilmington and other purposes.

Ordered he have leave accordingly.

Mr Ashe 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 the above four Bills by Mr Montford & Mr Shepard.

Received from the Council the following message—vizt:

Mr Speaker and Gentm of the Assembly,

On reading a third time the Bill to appoint a Public Treasurer of the Northern District and other purposes, We observe that you have deled the clause empowering the Governor for the time being to appoint a Public Treasurer in case of the death or removal of either of the Treasurers by this Act appointed which we propose to have inserted in the said Bill in the following words—vizt,

And be it further enacted by the authority aforesaid that in case of the death or departure out of this Province of the said Treasurers or either of them hereby appointed it shall and may be lawful for the Governor or Commander in Chief for the time being with the advice of His Majesty's Council to appoint and constitute any other person or persons in his or their place or stead to execute the said Office until the next Session of Assembly such person appointed giving bond and security as is herein before directed, to which if your House agree please to send some of your members to see the said Clause inserted in the said Bill.


4th January 1768.

Resolved the following Message be sent to the Council—vizt

Gent of His Majesty's Honble Council

In answer to your message of this day relative to the amendment you propose to the Bill to appoint a Public Treasurer of the Northern District and other purposes, We must inform your Honrs this

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House cannot agree thereto and desire your Honrs will be pleased to pass that Bill as sent you from this House on our third reading thereof.

JOHN HARVEY, Speaker.

4th January 1768.

Sent by Mr Harris & Mr Jones.

Received from the Council the Bill for dividing the County of Mecklenburgh and other purposes.

The Bill to prevent the desertion of Seamen in His Majesty's Service.

The Bill to amend the several Acts for regulating the Town of Newbern &c.

The Bill to continue the Acts therein mentioned.

The Bill to lay a Tax on the several Counties within the District of Wilmington Superior Court, to build a new Gaol and Gaoler's House &c. Endorsed 4th Jany 1768, In the Upper House read the first time and pass'd.

And the Bill for establishing a vestry elected for the Parish of St Stephen in Johnston County. Endorsed 4th Jany 1768, In the Upper House read the second time and pass'd.

Mr Ashe moved for leave to present a Bill to repeal part of an Act intitled an Act for encouraging the culture of Hemp and Flax and other purposes.

Ordered he have leave accordingly.

Mr Ashe 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 Campbell and Mr Simpson,

Received from the Council the following Message—vizt:

Mr Speaker and Gentm of the Assembly,

On reading a third time the Bill for establishing a School House in the Town of Edenton we observe you have deled the following clause—vizt: Provided also that no person shall be admitted to be Master of the said school but who is of the established church of England and who at the recommendation of the Trustees or Directors or the majority of them shall be duly licenced by the Governor or Commander in Chief for the time being, which clause we propose stating [steting], and if you agree thereto, please send some of your

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members to see the same done, otherwise we cannot agree to pass the Bill.


4th January 1768. In the Upper House.

Resolved the following Message be sent to the Council

Gentlemen of his Majestys Honble Council

In answer to your message of this day relative to the Bill for establishing a School House in the Town of Edenton wherein you observe that this House have deled the clause wherein the qualification of a master to be appointed for that School on the recommendation therein mentioned, and propose this House should agree the said Clause be steted to which we cannot agree and hope your Honors will pass that Bill as sent you from this House on our last reading the same.

JNO. HARVEY Speaker
By order
Wm. Heritage Clk.

4th January 1768

Mr Fanning moved for leave to present the following Bills, to wit,

The Bill to prevent the frequent abuses in taking up and secreting of stray Horses in the Counties of ——

A Bill for granting to His Majesty a duty on the Tonage of ships and other vessells coming into this Province for the purposes therein mentioned.

A Bill for regulating Ordinaries & restraint of Tipling Houses.

Ordered he have leave accordingly.

Mr Fanning presented the above mentioned Bills 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 Hardy moved for leave to present a Bill concerning idle and dissolute persons. 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 and ordered to be sent to the Council.

Sent the above four Bills by Mr Rutherford & Mr Bartram

On motion Ordered the Bill for establishing a Vestry elected for the Parish of St Stephen Johnston County be read the third time Read the same a third time pass'd and ordered to be sent to the Council.

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On motion Ordered the Bill for establishing a Town on the Land of William Gray on Cashy river in Bertie County be read a second time. Read the same a second time amended pass'd & ordered to be sent to the Council.

Sent the above two Bills by Mr Rutherford & Mr Bartram.

Mr Ashe from the Committee appointed last Session of Assembly to view a certain quantity of Land for the use of Fort Johnston and the Garrison there reported the said Committee had viewed the land recommended by His Excellency the Governor last Session of Assembly to be purchased by the Public for the use of Fort Johnston, and in obedience to the command of the House carefully viewed the same and find three hundred acres necessary for the use of the said Fort on which are two or three small houses built for which the Committee could make no agreement occasioned by the exorbitant demand made by the owners thereof. The Committee do further report that they adjudge it absolutely necessary that the said quantity of three hundred acres of land should be vested in the Crown for his Majestys service and the use & benefit of the said force and Garrison.

(Signed)
CORs HARNETT,
JOHN ASHE,
WILLIAM BARTRAM,
FELIX KENAN,
ROBERT HOWE.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to Adjournment.

Mr Fanning moved for leave to present a Bill for vacating the Titles of certain Persons to three hundred acres of land situate on the lower part of Cape Fear and adjoining Fort Johnston for the re-vesting the same in the Crown. 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.

Mr Hewes moved for leave to present the following Bills vizt:

A Bill to repeal part of an Act for rendering more effectual the Laws making Land and other real estate lyable to the payment of debts.

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A Bill to place the roads under the management of Commrs in the several Counties therein mentioned.

Ordered he have leave accordingly.

Mr Hewes presented the above mentioned Bills 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 laying out a road from the Frontiers of this Province thro' the Counties of Mecklenburg, Rowan, Anson and Bladen to Wilmington and Brunswick be read the second time. Read the same a second time amended pass'd & ordered to be sent to the Council.

Mr Waddell moved for leave to present a Bill for laying a Tax on the Inhabitants of St James Parish in New Hanover County to finish the Parish Church in the Town of Wilmington and for paying the minister of the said Parish for the year 1766.

Ordered he have leave accordingly.

Mr Waddell 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 dividing the County of Mecklenburgh &c. be read the second time. Read the same a second time amended pass'd & ordered to be sent to the Council.

Mr Polk moved for leave to present a Bill for establishing a Town in Mecklenburgh County.

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 and ordered to be sent to the Council.

On motion Ordered a Bill to amend an Act entitled 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 No. West branch of Cape Fear river &c. be read the second time Read the same a second time amended pass'd & ordered to be sent to the Council.

Mr Robert Howe moved for leave to present a Bill for appointing an Inspector for the great Island opposite Wilmington.

Ordered he have leave accordingly.

Mr Howe presented the above mentioned Bill which he read in

-------------------- page 636 --------------------
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 the above nine Bills by Mr Hardy & Mr Walsh.

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


Tuesday the 5th January 1768

The House met according to adjournment

Received from the Council the Bill to repeal part of an Act entitled an Act for encouraging the culture of Hemp and Flax. Endorsed 4th Jany 1768, In the Upper House read the first time and passed.

On motion Ordered the Bill to amend an Act intitled an Act to encourage Persons to settle in the Town of Brunswick &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 amend an Act intitled an Act for the regulation of the Town of Wilmington be read the third time. Read the same a third time amended pass'd & ordered to be sent to the Council.

On motion Ordered the Bill to continue the Acts therein mentioned be read a second time. Read the same a second time pass'd and ordered to be sent to the Council.

On Motion Ordered the Bill to repeal part of an Act intitled an Act for encouraging the culture of Hemp and Flax &c. be read a second time. Read the same a second time pass'd and ordered to be sent to the Council.

Sent the above four Bills by Mr Polk & Mr Spiers.

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 third time. Read the same a third time amended pass'd & ordered to be sent to the Council.

Received from the Council the following Bills—vizt:—

The Bill for granting to His Majesty a duty upon the Tonage of Ships and other Vessells coming into this Province for the purposes therein mentioned.

The Bill for preventing the frequent abuses in taking up and secreting stray horses in the Counties of ——

The Bill for laying a Tax on the Inhabitants of St James' Parish in New Hanover County to finish the Parish Church in the Town of Wilmington &c.

-------------------- page 637 --------------------

The Bill concerning idle and dissolute Persons.

And the Bill for regulating Ordinaries and restraint of Tipling Houses. Endorsed 5th January 1768, In the Upper House read the first time and passed.

And also the Bill for establishing a Town on the Land of William Gray on Cashy river in Bertie County &c. Endorsed 5th January 1768, In the Upper House read the second time and pass'd.

Received from the Council the Bill to repeal part of an Act for rendering more effectual the Laws making Lands and other real Estate lyable to the payment of Debts.

The Bill to place the roads under the management of Commrs in the several Counties therein mentioned.

The Bill for vacating the Titles of certain persons to three hundred acres of land situate in the lower part of Cape Fear and adjoining Fort Johnston and for re-vesting the same in the Crown for His Majesty's service & the benefit of the said Fort and Garrison.

And the Bill for establishing a Town in Mecklenburg County. Endorsed 5th January 1768, In the Upper House read the first time and pass'd.

Received from the Council the 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 No. West branch of Cape Fear river &c.

The Bill to continue the several Acts therein mentioned.

The Bill for laying out a Public road from the Frontiers of this Province through the Counties of Mecklenburg &c. Endorsed 5th January 1768, In the Upper House read the second time & pass'd with Amendments.

The Bill for appointing an Inspector for the Great Island opposite Wilmington. Endorsed 5th January 1768, In the Upper House read the first time and passed.

The Bill to repeal part of an Act intitled an Act for encouraging the culture of Hemp and Flax.

And the Bill for amending An Act intitled an Act to encourage persons to settle in the Town of Brunswick &c. Endorsed 5th January 1768, In the Upper House read the first time & pass'd.

Received from the Council the following Message—vizt

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Mr Speaker & Gentm of the Assembly.

On reading a third time the Bill for regulating the Town of Wilmington We propose that two of the Wells to be sunk in the said Town in the Bill mentioned be done within twelve months and the pumps therein properly fixed, and that the Act shall continue in force for and during twelve months from and after the passing thereof and no longer; if you agree to these amendments please send some of your Members to see them inserted in the said Bill otherwise we cannot agree to pass the Bill.


5th January 1768.

Received from the Council the Bill for vesting certain Lotts in the Town of New-Bern in His Excellency the Governor and his Successors. Endorsed 5th January 1768, In the Upper House read the second time amended and pass'd.

Received from the Council the following Message—vizt

Mr Speaker & Gentm of the Assembly,

On reading a third time the Bill for destroying Crows and Squirrels in the several Counties therein mentioned, We propose that the following Proviso be inserted in the Bill—vizt, Provided always that no Taxables constantly resident in any of the Towns in the Bill mentioned shall be included in the Act. If you agree thereto please send some of your members to see the same inserted in the Bill.


5th January 1768.

Resolved the following message be sent to the Council,

Gentm of His Majesty's Honble Council.

In answer to your message of this day regarding the provisional clause you propose to the Bill for destroying Crows and Squirrels this House agree to the insertion thereof and send Mr Blount and Mr Caswell to see the same inserted.

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

5th January 1768.

Mr Shepard moved for leave to absent [himself] from the service of the House tomorrow.

Ordered he have leave accordingly.

Then the House adjourned till 10 oClock tomorrow morning.

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Wednesday the 6th of January 1768.

The House met according to adjournment

On motion Ordered the Bill to amend an Act entitled an Act for establishing a Town on the land of John and William Russell minors, sons of John Russell deceased, &c. 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 for establishing a Town in Mecklenburg County 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 to amend an Act entitled an Act to encourage persons to settle in the town of Brunswick &c. be read the 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 repeal part of an Act for rendering more effectual the Laws making Lands and other real Estate lyable to the payment of debts be read the second time. Read the same a second time, pass'd and ordered to be sent to the Council.

On motion Ordered the Bill to continue the Acts 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 by Mr Ashe & Mr Waddell.

On motion Ordered the Bill for laying a Tax on the Inhabitants of St James Parish in New Hanover County &c. be read the second time. Read the same a second time, Then the motion was made and question put that the said Bill pass, & pass'd in the negative.

Received from the Council the Bill for destroying Crows and Squirrells in the several Counties therein mentioned. Endorsed 6th January 1768, In the Upper House read the third time and passed. Ordered to be engrossed.

On motion Ordered the Bill to lay a Tax on the several Counties within the District of Wilmington Superior Court &c. be read the second time. Read the same a second time, Then the question was put that the said Bill pass, & pass'd in the negative.

On motion Ordered the Bill for appointing a Vestry in the Parish of St Thomas in the County of Beaufort be read the second time. Read the same a second time Then the question was put that the said Bill pass & pass'd in the negative.

On motion Ordered the Bill for establishing a Town on the Lands of William Gray on Cashy river in Bertie County be read the third

-------------------- page 640 --------------------
time. Read the same a third time, amended pass'd and ordered to be sent to the Council.

On Motion Ordered the Bill to repeal part of an Act entitled an Act for encouraging the culture of Hemp & Flax &c. be read a third time. Read the same a third time pass'd and ordered to be sent to the Council.

On Motion Ordered the Bill for defraying the contingent charges of Government be read the second time. Read the same a second time amended passed & ordered to be sent to the Council.

On Motion Ordered the Bill concerning idle & dissolute Persons be read the second time. Read the same a second time amended pass'd & ordered to be sent to the Council.

Sent the above four Bills by Mr Ashe & Mr Waddell.

Resolved the following message be sent to the Council

Gentm of His Majesty's Honble Council.

In answer to your message of the 5th inst: wherein you propose that two of the wells to be sunk in the Town of Wilmington be done within twelve months and the pumps therein properly fixed, and also that the said Act shall continue in force for & during twelve months after the passing thereof and no longer, this House do agree to have the same inserted in that Bill and send herewith Mr Ashe and Mr Waddell two of the Members of this House to see the same done accordingly.

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

6th January 1768.

On Motion Ordered the Bill for vacating the Titles of certain persons to three hundred acres of land on the lower part of Cape Fear, and adjoining Fort Johnston &c. be read the second time. Read the same a second time amended pass'd & ordered to be sent to the Council.

Sent by Mr Ashe & Mr Waddell.

On Motion Ordered the Bill to prevent the frequent abuses in taking up and secreting of stray horses &c. 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 appointing an Inspector for the great Island opposite Wilmington &c. be read the second time.

-------------------- page 641 --------------------
Read the same a second time amended pass'd and ordered to be sent to the Council.

Sent the following message to His Excellency the Govr by Mr Ashe,

Sir,

This House have had under their consideration your Excellency's message of the 21st of December last with the plan and elevation of the house and offices for the residence of the Governor for the time being, and account current therein referred to and have by a Bill pass'd both Houses and ordered to be engrossed made such provision as we hope your Excellency will judge sufficient not only to make good the deficiency of former funds but also compleatly to finish the said House and Offices agreeably to the Plan laid before the House by your Excellency.


5th January 1768.
JOHN HARVEY, Speaker.

On Motion Ordered the Bill for vesting certain Lotts in New Bern in His Excelly the Governor and his Successors be read the 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 the several Acts for regulating the Town of New Bern &c. be read the second time. Read the same a second time pass'd and ordered to be sent to the Council.

On Motion Ordered the Bill for laying out a Public road from the frontiers of this Province thro' the Counties of Mecklenburg &c. be read the third time. Read the same a third time pass'd and ordered to be sent to the Council.

Sent the above five Bills by Mr Blount & Mr Branch.

On Motion Ordered the Bill for regulating Ordinaries and restraint of Tipling Houses.

And the Bill for granting to His Majesty a duty on the Tonage of ships and other Vessels coming into this Province &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 above two Bills by Mr Campbell & Mr Williams.

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


Thursday the 7th January 1768.

The House met according to Adjournment.

On motion Ordered the Bill for appointing an Agent &c. be read. Read the same.

-------------------- page 642 --------------------

Mr Maurice Moore moved the said Bill lye on the Table.

Received from the Council the Bill to amend an Act intitled an Act for the regulation of the Town of Wilmington. Endorsed 6th January 1768, In the Upper House read the third time amended & pass'd.

And the Bill for establishing a Vestry for the Parish of St Stephen in Johnston County. Endorsed 5th January 1768, In the Upper House read the third time & pass'd. Ordered to be engrossed.

Received from the Council the Bill to amend the several Acts for regulating the town of New Bern &c. Endorsed 6th January 1768, In the Upper House read the second time and pass'd.

Mr Caswell moved for leave to absent [himself] from the service of the House after tomorrow.

Ordered he have leave accordingly.

On motion Ordered the Bill for appointing Sheriffs and directing their duty in Office 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 Harris & Mr Branch.

Then the House adjourned till 10 o'clock tomorrow morning


Friday the 8th of January 1768.

The House met according to adjournment.

Received from the Council the Bill concerning idle and dissolute persons.

And the Bill for establishing a Town in the County of Mecklenburgh,

And also the Bill for appointing an Inspector for the Great Island opposite Wilmington. Endorsed 7th January 1768, In the Upper House read the second time and pass'd.

And the following message—vizt:—

Mr Speaker and Gentm of the Assembly,

On reading a third time 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, We observe in a recital of the inconveniences arising by the ambiguity of the present Fee Bill you have inserted for remedy whereof; the word remedy we propose should be deled and the word explanation inserted in its stead. We further propose that the days of holding the several Inferior

-------------------- page 643 --------------------
Courts in the Counties following be altered and stand as underneath—vizt:

For Hyde County, on the first Tuesday in April, July, October and January.

For Beaufort County, 2d Tuesday in April, July, October and January.

Tyrrell County, the 2d Tuesday in February, May, August and November.

And we likewise propose that at the Tryal of any Clerk for misbehaviour in Office at any Inferior Court there shall be present at Court at least five Justices on the Tryal. If you agree to these amendments please send some of your members to see them made in the said Bill.


7th January 1768.

Mr Speaker and Gentm of the Assembly,

On reading a third time the Bill for dividing this Province into six several Districts and for establishing a Superior Court in each of the said Districts and regulating the Proceedings therein, We propose the following amendments—vizt: In pa: 12, Sec: 10, That the Tax on Actions in the Superior Court be 7.6d instead of 5s. In pa: 14, Sec: 20, That twenty pounds be allowed the Attorney General instead of twelve pounds. That the Chancery Clause Sec: 43, pa: 27, be altogether expunged as foreign to the Bill, and in order to make the times of holding the several Superior Courts more convenient, We propose that the sd Courts be held as follows—vizt

Hillsborough 22nd March and 22nd September.

Halifax on the 8th of April and 8th of October

Edenton 25th April and 25th October

New Bern 11th May and 11th November

Wilmington 27th May and 27th November.

In pa: 34. Sec: 54. It is declared that Persons of mixed blood to the third Generation inclusive are incapable in Law to be witnesses, We propose to dele the words third and inclusive and that it be made Persons of mixed blood to the fourth generation. In pa: 39 & 40. Sec: 63 & 64. We propose that the Commissions of Oyer and Terminer be directed to the Chief Justice and his Associates or either of them and that the Chief Justice and his Associates or either of them on receiving such Commissions, order the clerk to issue Venire Facias accordingly—We also propose that the annexed

-------------------- page 644 --------------------
Clause be inserted in the said Bill—“And whereas doubts have arisen as to what Process shall issue when any Sheriff shall return that any Defendant or Defendants in any suit in a superior Court for the recovery of Legacies, Filial portions and distribution shares of Intestates Estates, cannot be found, for remedy thereof be it enacted that in all such cases the Plaintiff shall be entitled to an attachment against the Goods & Chattells, Lands and Tenements of such Defendant or Defendants, and upon the return of such attachment executed, if the Defendant shall fail to reply, plead answer or demurr the same Term the Plaintiff shall be intitled to a conditional Judgment or Decree, pursuant to the Prayer of the said Petition which shall be final at the next Court, unless such Defendants shall appear and give security; and plead, answer or demurr to such Petition; and the same method shall be observed as to Garnishees as in other cases of attachment” And in order to make the continuance of this act consonant with several other Bills now under consideration We propose that it continue in force the time mentioned in the Bill and from the passing thereof to the end of the next Session of Assembly and no longer If your House agree to these amendments please send some of your members to see them inserted in the Bill.


7th January 1768.

On motion Ordered the Bill for defraying the Contingent charges of Government be read the third time, Read the same a third time pass'd and ordered to be sent to the Council. Sent by Mr Williams & Mr Spencer.

Mr Webster one of the members for Hyde County, appeared and took his seat in the House.

Received from the Council the Bill for preventing the frequent abuses in taking up and secreting stray Horses in the Counties therein mentioned. Endorsed 8th January 1768, In the Upper House read the second time amended and pass'd.

On motion Ordered the Bill for appointing an Inspector for the Great Island opposite Wilmington &c. be read the third time. Read the same a third time pass'd and ordered to be sent to the Council. Sent by Mr Williams and Mr Spencer.

Received from the Council the Bill for rating Gold & silver Coin and making it a Tender in all Payments. Endorsed 5th January 1768, In the Upper House read the second time and passed.

-------------------- page 645 --------------------

Received from the Council the Bill for laying out a Public Road from the Frontiers of this Province thro' the Counties of Mecklenburg, Rowan, Anson & Bladen to Wilmington and Brunswick.

And the Bill for establishing a Town on the Land of William Gray on Cashy river in Bertie County. Endorsed 8th January 1768, In the Upper House read the third time and pass'd. Ordered to be engrossed.

And the Bill to place the roads under the management of Commissioners &c. Endorsed 8th January 1768, In the Upper House read the second time and pass'd.

Resolved the following message be sent to the Council

Gentm of His Majestys Honble Council

In answer to your message relating to the Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the Proceedings therein—This House agrees that the Chancery Clause be expunged That the time of holding the Superior Courts be altered as by your message proposed. That the section respecting witnesses of mixed blood be also altered as by your message proposed; and that the Comms of Oyer and Terminer shall be directed to the Chief Justice and his Associates or either of them, and that the Chief Justice and his Associates or either of them on receiving such Commission order the Clerk to issue Venire Facias; Accordingly, this House also agree that the Clause annexed to said message be inserted in said Bill and that the said Bill continue in force during the time mentioned in said Bill and from thence to the end of the next Session of Assembly and no longer, but this House cannot agree that twenty pounds be allowed the Attorney General but will agree that sixteen pounds be allowed instead of the twelve pounds, and this House cannot agree that the Tax in Sec: 10 of the said Bill be 7.6d. instead of 5s. and hope you will pass the Bill with such Amendts which if you agree to please to signify the same to this House that some of the Members may attend to see the other amendments made.

JOHN HARVEY, Speaker.
By Order
Wm. Herritage Clk.

8th January 1768.

Sent by Mr Smith and Mr Webster.

-------------------- page 646 --------------------

Received from the Council the Bill for defraying the contingent Charges of Government.

And the Bill to continue the Acts therein mentioned, Endorsed 8th January 1768, In the Upper House read the third time and passed. Ordered to be engrossed.

And also the Bill for vacating the Titles of certain persons to three hundred acres of Land situate on the Lower part of Cape Fear & adjoining Fort Johnston &c. Endorsed 8th January 1768, In the Upper House read the second time amended & pass'd.

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

Ordered he have leave accordingly.

Received from the Council the following message—vizt

Mr Speaker & Gentm of the Assembly,

On reading a third time the Bill for vesting certain Lotts in the Town of New Bern in His Excelly the Governor and his Successors, We propose, that part of the Bill from the words, therein in the first line in the 6th page to the word and in the 17th line in the same page be Deled and instead thereof the following words be inserted, “And all sums belonging to any Person or Persons unknown, under age, beyond seas, Non Compos Mentis, or under any other disability shall by the said Samuel Cornell as soon as received be paid into the hands of the Public Treasurers or one of them who are hereby required to receive the same of the said Samuel Cornell and to give him one or more sufficient receipt or receipts; and the same be paid by the sd Public Treasurers or either of them with interest at 6p. per annum, unto such person or persons who may have a legal right thereto. If your House agree to this amendment please send some of your Members to see the same inserted in the said Bill.


8th January 1768.

Received from the Council the Bill for Granting to His Majesty a duty upon the Tonage of ships and other Vessells coming into this Province for the purposes therein mentioned.

And the Bill for appointing an Inspector for the Great Island opposite Wilmington &c. Endorsed 8th January 1768, In the Upper House read the third time and pass'd. Ordered to be engrossed.

Ordered the following Message be sent to the Council vizt:

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

Gentm of His Majesty's Honble Council.

In answer to your Message concerning 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—This House agree that the several amendments you propose be inserted in the said Bill and as by one of the Amendments agreed to be inserted in the Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the proceedings therein makes it necessary to alter the days for holding several of the Inferior Courts, This House would therefore propose that the inferior Court for the County of Mecklenburg be held on the second Tuesday in January, April, July and October—Rowan the third and Orange the fourth Tuesdays in the same months, that Granville be held on the first, Bute the second, Halifax the third & Edgcomb the fourth Tuesdays in February, May, August and November and Northampton the first Tuesday in March, June, September and December which if you agree to please to signify the same to this House that some of the Members may attend to see the same inserted.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

8th Jany 1768.

Sent by Mr Simpson and Mr Jones.

Received from the Council the Bill for appointing Sheriffs and directing their duty in Office. Endorsed 8th January 1768, In the Upper House read the second time, amended & pass'd.

And the Bill to amend an Act entitled an Act to encourage Persons to settle in the Town of Brunswick on the West side of Cape Fear river. Endorsed 8th January 1768, In the Upper House read the third time and pass'd. Ordered to be engrossed.

Resolved the following message be sent to the Council,

Gentm of his Majesty's Honble Council,

This House having taken into consideration your message of this days date with the proposed amendment to the Bill for vesting certain Lots in the Town of New Bern in His Excellency the Governor and his Successors, cannot agree to the said amendment, as we think the Bill as it passed this House was consonant to the fixed principles of natural Justice, it being the duty of Guardians

-------------------- page 648 --------------------
by the Laws of this Province to take care that all monies belonging to Orphans be put at interest and in case of neglect are chargeable themselves for the same to their wards; We also judge it incumbent on such persons as are unknown and beyond seas if they expect any benefit or advantage from their property to make themselves acquainted with such Public Acts of the Legislative body of this Province as may affect the same and to take by themselves, their Agents, representatives or Attorneys the necessary measures for effecting the same; and as the Title is not to be vested in His Excy until after the payment of the money by the Public, We conceive the Public can by no Principle either in Law or equity be chargeable with Interest for the same, the Proprietors of such lots having an immediate right to demand the consideration allowed and receive the benefit thereof by such application for it as they shall think proper. We are further of opinion that it is improper to embarrass the Public Treasurers with the settling and adjusting Private accounts, and are apprehensive it may be more convenient for the Proprietors of such lots to receive their money of some person residing in the place where the whole of the records are lodged, which have a relation to the transferring of the property; for these reasons, which with us carry the appearance of Propriety & Conveniency as well as of equity and Justice, we hope and flatter ourselves the Bill will pass with your Honrs as it left this House.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk

8th Jany 1768.

Received from the Council the following message—vizt:

Mr Speaker & Gentm of the Assembly,

In answer to your Message of this day relative to the Superior & Inferior Court Bills—This House agree to your several Proposals and desire you will please send some of your Members to see the alterations inserted in the said Bill.


8th Jany 1768.

Resolved the following Message be sent to the Council, vizt,

Gentlemen of His Majestys Honble Council,

Agreeable to your message of this day relative to the Superior and Inferior Court Bills this House have sent Mr Fanning and Mr

-------------------- page 649 --------------------
Johnston two of the Members of this House to see the alterations by you agreed to inserted in the said Bills.

JNO. HARVEY Speaker
By order
Wm. Herritage Clk.

8th January 1768.

Received from the Council the Bill for regulating Ordinaries and restraint of Tipling Houses. Endorsed 8th January 1768, In the Upper House read the second time & pass'd.

On motion Ordered the Bill for establishing a Town in Mecklenburg County be read the third time. Read the same a third time pass'd and ordered to be sent to the Council.

On motion Ordered the Bill concerning Idle & dissolute Persons be read the third time. Read the same a third time pass'd and ordered to be sent to the Council. Sent the above two Bills by Mr Hardy & Mr Spiers.

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


Saturday the 9th January 1768.

The House met according to Adjournment.

Mr Hewes from the Committee of Accounts, reported that the said Committee had settled the Public Accounts with the several Accomptants and have received the sum of £2898.9s 3d Proc: from Joseph Montford Esqre Treasurer of the Northern District on the sinking fund and also the sum of £4876.0s 4d from John Ashe Esqre Treasurer of the Southern District on the sinking fund which sums amount in the whole to £7774.9.7 and by Law is to be burnt.

Resolved the following Message be sent to the Council

Gentlemen of his Majestys Honble Council

The Committee appointed to settle the Public Accounts has reported that the Treasurers of this Province have paid into the said Committee the sum of £7774.9s 7d Proc: money on the sinking fund which said sum by Law is to be burnt. This House have therefore appointed a Committee of the whole House in conjunction with such of your Honrs as you shall appoint to see the said sum burnt at the House of Peter Blinn in New Bern at 4 o'clock this afternoon.

JOHN HARVEY Speaker.
Test
Wm. Herritage Clk.

9th January 1768.
-------------------- page 650 --------------------

Sent by Mr Spencer and Mr James Moore.

Received from the Council the following Bills—vizt:

The Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the Proceedings therein, and for providing adequate salaries for the Chief Justice and Associate Justices of the Superior Courts.

And 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. Endorsed 8th January 1768, In the Upper House read and pass'd with amendments. Ordered to be engrossed.

On motion Ordered the Bill for appointing Sheriffs and directing their duty in Office be read the third time. Read the same a third time amended pass'd and ordered to be sent to the Council. Sent by Mr Howe and Mr Walsh.

Received from the Council the following message, vizt:

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill for appointing Jurymen in all Causes Criminal and Civil, We observe you have deled the following words in the last Section of the said Bill—vizt: And from thence to the end of the next Session of Assembly and no longer, which we propose should be steted. If you agree thereto please to send some of your members to see the same done to make it consonant with the other Bills pass'd this Session.


9th January 1768.

Resolved the following Message be sent to the Council, vizt:

Gentlemen of His Majestys Honble Council

In answer to your Message of this day regarding the Bill directing the appointing Jurymen in all Causes Criminal and Civil, we agree to what you therein propose and send Mr Spencer and Mr James Moore two of the Members of this House to see the alteration made.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk

9th January 1768.

Mr Cullen Pollock one of the Members for Bertie County appeared and took his seat in the House.

-------------------- page 651 --------------------

Received from the Council the Bill to appoint a Public Treasurer for the Northern District and other purposes. Endorsed 5th Jany 1768, In the Upper House read the third time and pass'd. Ordered to be engrossed.

The Bill to continue an Act entitled an Act for enlarging the time allowed for saving Lotts in the Town of Hertford and other purposes and to establish a Ferry from the Town of Hertford.

The Bill concerning idle and dissolute Persons.

The Bill directing the appointing Jurymen in all Causes Criminal and Civil.

And the Bill for vesting certain Lotts in the Town of New Bern in His Excelly the Govr and his Successors. Endorsed 9th Jany 1768, In the Upper House read the third time amended & pass'd. Ordered to be engrossed.

On motion Ordered the Bill to place the roads under the management of Commrs in the several Counties therein mentioned be read the third time. Read the same a third time. The motion was made and the Question put that the said Bill pass, and pass'd in the negative.

Received from the Council the following Message—vizt,

Mr Speaker & Gentm of the Assembly,

In answer to your Message relative to the burning of the several sums paid into the Committee of Accounts, This House have appointed a Committee of the whole House to see the said sum burnt at the House of Mr Peter Blinn, at the time you mention.


9th January, 1768.

On motion Ordered the Bill to amend the several Acts for regulating the Town of Newbern &c. be read the third time. Read the same a third time amended pass'd and ordered to be sent to the Council.

Sent by Mr Smith and Mr Webster.

On motion Ordered the Bill to prevent the desertion of Seamen in His Majesty's Service be read the second time. Read the same a second time, The motion was made and the question put that the said Bill pass, and pass'd in the negative.

Received from the Council the following Message—vizt:

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

Mr Speaker and Gentm of the Assembly,

On reading a third time the Bill for appointing Sheriffs and directing their duty in Office, We observe you have deled the penalty of one hundred pounds proc. money on any person refusing to act as Sheriff when thereto appointed and steted the penalty of ten pounds only, which we think too small a fine for the purpose intended and therefore in order that Persons of Property may be induced to act we would propose to insert fifty pounds. We also propose to stet the clause inserted by this House on the second reading of the Bill relative to the Claims of Sheriffs, If you agree to these amendments please to send some of your members to see them made in the Bill.


9th January 1768.

On motion Ordered the Bill for granting a duty on ships and other vessels coming into this Province &c. be read the third time. Read the same a third time, The motion was made & the question put that the said Bill pass, and pass'd in the negative.

Resolved the following Message be sent to the Council—vizt:

Gentm of His Majesty's Honble Council,

In answer to your Message of this day relative to the Bill for appointing Sheriffs & directing their duty in Office, this House cannot agree to any of the alterations you propose to the said Bill, and hope you will pass that Bill as sent you from this House on our third reading of the same.

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

9th January 1768.

Sent by Mr Kenan & Capt: Cole.

Received from the Council the Bill to amend the several Acts for regulating the Town of New Bern and other purposes therein mentioned. Endorsed 9th January 1768, In the Upper House read the third time and pass'd. Ordered to be engrossed.

Mr Caswell from the Committee of Claims reported that the said Committee had settled and allowed sundry claims which he laid before the House.

Resolved the same be received and read on Monday next.

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

-------------------- page 653 --------------------

Monday 11th January 1768.

The House met according to Adjournment.

On Motion Ordered the Bill concerning free Negroes be read the second time. Read the same a second time, amended pass'd & ordered to be sent to the Council.

On Motion ordered the Bill to prevent the frequent abuses in taking up and secreting stray horses be read the third time. Read the same a third time amended pass'd & ordered to be sent to the Council.

Sent by Mr Respess & Mr Blinn.

Received from His Excellency the Governor a written message by Mr Edwards—as follows—to wit—

Mr Speaker & Gentm of the House of Assembly,

I herewith send you an account and receipts for the sum distributed for the assistance of several Scotch Families that landed in Brunswick in November last to settle in Cumberland County in this Province all which I shall submit to your consideration.

Wm TRYON.

On Motion Ordered the Bill for vacating the titles of certain Persons to three hundred acres of land situate on the Lower part of Cape Fear, and adjoining Fort Johnston &c. be read the third time. Read the same a third time pass'd and ordered to be sent to the Council.

On Motion Ordered the Bill for regulating Ordinaries and restraint of Tipling Houses 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 for rating Gold and Silver Coin and making it a Tender in all payments be read the third time. Read the same a third time amended pass'd and ordered to be sent to the Council.

Sent by Mr Robert Howe & Mr Knox.

Received from the Council the Bill for regulating Ordinaries and restraint of Tipling House.

And the Bill for vacating the Titles of certain Persons to three hundred acres of land situate on the lower part of Cape Fear river & adjoining Fort Johnston &c. Endorsed 11th January 1768, In the Upper House read the third time and pass'd. Ordered to be engrossed.

-------------------- page 654 --------------------

Mr Elmsley exhibited an account from Owen Kenan for expences when carrying Walter Hickson a Horse Thief to Wilmington paying a guard to assist him and expenses &c against the Public amounting to the sum of five pounds and submitted to the House for allowance

On consideration thereof the House resolved the said Owen Kenan be allowed the said sum.

Sent the report of the Committee of Claims to the Council for Concurrence by Mr Jones and Mr Ricd. Ward.

Then the House adjourned till 10 o'clock tomorrow morning


Tuesday the 12th January 1768.

The House met according to Adjournment.

The House took under consideration His Excellency's message relative to the expence of the Commrs for running the dividing line between the Frontiers of this Province and the Cherokee hunting Grounds, and resolved the sum of £1215 10s. 2½d. Proc: money the balance due for that service be paid to the several Persons intended to receive the same.

And also the message relative to the re-payment of the sum of £157.10s.10d. to His Excellency for the like sum disbursed by him for carrying on a Post through this Province in 1765.

And also the sum of £15. disbursed by His Excellency for the relief and assistance of several Scotch families that were landed in Brunswick in November last to settle in Cumberland County in this Province and resolved that His Excellency be paid the last two several sums.

And that the following message be sent to the Council for their Concurrence.

Gentlemen of His Majestys Honble Council,

This House herewith send you the resolve thereof of this day relative to the payment of the several sums therein mentioned amounting in the whole to the sum of £1215.10.2½. Proc: money out of the contingent Tax as the same shall be paid into the Treasury and desire your Honors Concurrence thereto.

JNO. HARVEY Speaker
By order
Wm. Herritage Clk.

12th Jany 1768.
-------------------- page 655 --------------------

Received from the Council the Bill concerning free Negroes. Endorsed 11th January 1768, In the Upper House read the second time amended and pass'd.

Received the following message from the Council—vizt:

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill for preventing the frequent abuses in taking up stray Horses &c. We observe that you have Deled all the amendments made in this House on the second reading which we by no means agree to however that the Bill may be made serviceable to the Counties for which it is intended to pass We propose to have that clause steted whereby the Rangers are directed to send a list of Strays entered with him, to the Clerk of the Inferior Court &c. And that the County of Bladen be struck out of the Bill and the Act to continue in force for two years and no longer to which if you agree please send some of your Members to see the alterations made otherwise we cannot pass the Bill.


8th January 1768.

On motion of Mr Spencer the letter sent by Mr John Crawford as follows—to wit—

Mr Speaker and Gentlemen of the Assembly of Carolina,

Having been chosen representative for the County of Anson at the last election without any desire or seeking and finding it greatly inconvenient and almost impracticable in my constant infirm state of health to represent and serve the said County in the present Assembly I do therefore most humbly relinquish and resign all pretensions in the present Assembly as a Representative of the said County and do request and hope that my resignation and relinquishment hereby made may be accepted by your House, and that the House will address His Excellency the Governor that a new writ of election may issue for choosing another Representative for the said County to serve in this Assembly in my room and stead.

I am, Mr Speaker and Gentm of the Assembly,
With greatest respect
Your most obedient and most humble servant
JOHN CRAWFORD

Novr 15th 1768.
-------------------- page 656 --------------------

On the back of which said letter is endorsed as follows, vizt,

Personally appeared Mr Samuel Spencer before me Thomas Clifford Howe Esqre one of His Majesty's Justices for the said County and made oath on the Holy Evangelists that he saw Mr John Crawford write and sign the within letter the day of the date within mentioned.

SAMUEL SPENCER.

Sworn 12th January 1768 before me
THOMAS CLIFFORD HOWE.

Was taken into consideration, and resolved that the resignation of the said John Crawford be accepted of by the House; and that His Excellency the Governor be addressed to direct the clerk of the Crown to issue a writ to elect a member for the said County to sit and vote in this present Assembly in the room and stead of the said John Crawford.

Sent the following message to His Excelly the Governor, viz:

Sir,

Mr John Crawford who was at the last election chosen one of the representatives of the County of Anson having relinquished and resigned all his pretentions to a seat in this House this present Assembly in virtue of his said election, This House therefore desire your Excellcy will be pleased to direct the clerk of the Crown to issue a writ for the election of a representative for the said County of Anson in the room & stead of the said Mr John Crawford.


12th January 1768
JOHN HARVEY Speaker

On motion Ordered the Bill concerning free Negroes be read the third time. Read the same a third time, amended pass'd and ordered to be sent to the Council.

Sent by Mr Smith and Mr Respess.

Mr Fanning moved that Mr Speaker provide for himself, the Clerk and Officers of this House and the Council, necessary robes, suitable to their stations and a Mace for this House and the Council at the expence of the Public, to which the House unanimously agreed.

Resolved the following message be sent to the Council—vizt:

Gentm of His Majesty's Honble Council,

We have received your message to this House of the 11th instant and are really sorry that the Bill before your Honrs for preventing

-------------------- page 657 --------------------
the frequent abuses in taking up stray horses should be thought lyable to so many objections, we, for the sake of facilitating the passage of a Bill which should it pass into [a law] would be productive of the most salutary and wholesome consequences to such parts of this Province as it is designed to be extended, do assent to the deleing the name of Bladen County but cannot agree to the proposed Amendments We think it unnecessary to enter minutely into the reasons that might be assigned for our disagreeing to them and hope it will be sufficient to observe that whatever political changes there may be in the Government of this Province yet the casualties and evils that are intended to be guarded against by the Bill will ever occur in a greater or less degree; it seems therefore that if it is expedient that such a law should exist that it should be unlimited in its duration, yet to remove objections we were willing to adopt the prevailing principles of Policy in the present times and to admit of a temporary clause in the Bill and that of a short continuance as many other Laws of a much greater consequence and in their nature lyable to more frequent changes from an alteration of circumstances. Should the amendment for the rangers sending a Copy to the clerks quarterly be received the Bill would then in our opinion be subject to the following objections among many others, that a Duty be enjoyned and a penalty inflicted for a neglect without any reward for the performance of that duty, which duty would ever be increasing with the continuance of that office, and further that by the Bill the Person receiving the stray from the Person taking up the same is under no necessity of informing the ranger of the recovery of his Stray consequently after such recovery a service may be done and continued without any benefit or advantage to the owner of the Stray or profit to the ranger, altho' in this Province we have not known the effects nor experienced the utility of such a Law, yet from our knowledge of the beneficial Consequences of a similar one in our neighbouring and sister Colonies, it has long been the object of our wishes. If the Bill in its operation as a Law should be found defective It may be amended, if pernicious and injurious it may be repealed before the time of its continuance should expire, and all this will ever be in the power of the legislature, We hope the Bill will pass with your Honrs as it left this House with the alterations only of deleing the word Bladen.

JOHN HARVEY, Speaker
By order
Wm. Herritage Clerk.

12th January 1768.
-------------------- page 658 --------------------

Sent by Mr William Jones & Mr Robert Howe.

Received the following message from His Majesty's Council

Mr Speaker & Gentm of the Assembly,

This House on examining the reports of the Committee of Public Claims find that your House have disallowed a claim of the honble Lewis DeRosset for £16 thirteen shillings and four pence. On examining the grounds of that claim we find it was for conveying by virtue of a writ of habeas corpus from the then Chief Justice two of the most notorious Horse thieves and rogues under a strong guard for fear of a rescue from Wilmington to New Bern and that it never has been paid by the Public, We likewise find that claim had been formerly laid before the Assembly and that the reason of its not being then allowed was only owing to the doubts they were in whether the Chief Justice had a right to issue or the Sheriff to obey any Precept beyond the bounds of this County, and as this doubt has since been removed by allowances having been made by you to other Sheriffs for the same services, the claim remains at present solely in the right the claimant has to be re-imbursed for his great expence and trouble in performing such Public service and which the distance of time cannot in our opinion alter, We therefore hope your House will re-consider this matter and joyn us in opinion that as an act of common justice and equity the sd Claim be allowed and your disallowance thereof be erased out of the reports (a point we must insist on) to which if you agree be pleased to send two of your Members to see the same done that we may give our Concurrence to the said reports.


12th January 1768.

Sent the following message to the Council by Mr Willie Jones and Mr Robert Howe.

Gentm of His Majesty's Honble Council.

The House have received your message of this day relative to the claim of the Honble Lewis DeRosset disallowed of by this House in the reports of the Committee of Claims the reasons you have assigned which did not occur to us have convinced us of the equity of the claim. We therefore send Mr Robert Howe & Mr Willie Jones two of the Members of this House to see the disallowance thereof erased out of the reports at the same time let us observe

-------------------- page 659 --------------------
that as messages between bodies of the legislature are calculated in the last resort to settle any differences in opinion Politeness and delicacy of expression ought punctually to be observed between them, with which we could wish your Message had been altogether consistent.

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

12th January 1768.

Sent the following Message to His Excellency the Governor by Mr Fanning.

To His Excelly William Tryon Esqre Capt: General Governor &c.

Sir,

This House have taken under consideration your Excys' message in relation to the claims of the several persons who escorted your Excelly in running the dividing line between the Western Frontiers of this Province and the Cherokee Hunting Grounds and have resolved the sum of £1215 10s. 2½d be allowed the Commrs and the several other persons entitled to receive the same as per account sent to this House by your Excellency and also the sum of £157 18s. 10d. for carrying on a post thro' this Province and £15 Proc: money disbursed by your Excelly for the relief and assistance of several Scotch families that were landed in Brunswick in November last to settle in Cumberland County out of the Public Treasury from the contingent tax as the same shall be paid into the Treasury.


12th January 1768.
JOHN HARVEY, Speaker.

To His Excellency William Tryon Esqre Capt. Gen: Governor &c.

Sir,

Your Excellency's message of the 4th instant recommending to this House to take some measure to prevent the frequent desertion of seamen from His Majesty's service was immediately taken under consideration and a Bill brought into this House for that purpose, on the reading of which this House was of opinion that the Laws already in force abundantly answered the purposes intended by your Excellency's message, and the Bill was accordingly rejected.


January 12th 1768.
JOHN HARVEY, Speaker.
-------------------- page 660 --------------------

Received the following message from the Council—to wit—

Mr Speaker & Gentm of the Assembly.

Mr Cornell having applyed to this House for an allowance of forty pounds for the duties of twenty four Hogsds [of rum] by him shipped to So Carolina as appears by a Certificate sworn to before James Davis Esqre by the master of the Vessel who carried the same of its being landed there, We hope you will take the same under your consideration and make a resolve that it be allowed him in the payment of future duties and this House will concur with the same.


12th January 1768.

Then the House adjourned till 10 o'clock tomorrow morning


Wednesday the 13th January 1768.

The House met according to Adjournment.

Resolved the following message be sent to His Excelly the Govr vizt

Sir,

In answer to your Excellency's message this House beg leave to inform you that they have taken under consideration Mr Wiley's claim for surveying the Catawba lands and have agreed to allow him fifty pounds for that service out of the contingent fund.

JOHN HARVEY, Speaker.

13th January 1768.

Received from the Council the following message—vizt

Mr Speaker and Gentm of the Assembly,

The House taking into consideration your Disallowance last Session of Assembly of one hundred pounds for services of our Clerk during the same should be glad you would re-consider that matter, in which case we hope you will think we must be the best judges of services which pass immediately under our inspection; however to preserve that harmony which we wish always to exist between the two Houses we hope you will allow him the sum of seventy pounds agreeable to our message at the conclusion of the last Session.


13th January 1768.

Resolved the following Message be sent to the Council,

-------------------- page 661 --------------------

Gentm of His Majesty's Honble Council

This House have taken into consideration your Message of this day relating to the increasing of the allowance made the Clerk of your House for his services the last Session and cannot agree to any additional allowance for the same.

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

13th January 1768.

Sent by Mr Harris and Mr Polk.

The House taking into consideration the present distressed situation of this Colony for want of a Currency to answer the purposes of paying their Internal Taxes, and of a medium in Trade—

Resolved that Mr Maurice Moore, Mr Cors Harnett and Mr Robert Howe or a majority of them be a Committee of this House in conjunction with such of His Majesty's Council as shall be by them appointed to draw up a Petition to His Majesty for leave to emit a currency to the amount of £75,000 sterling to be equal in value to £100,000 Procl: money to be in circulation sixteen years.

Resolved that the Committee set forth in the Petition to His Majesty as the sense of this House that such Currency shall not by any Bill or Act of Assembly be made or deemed lawful Tender for what now is or may become due or payable to the Crown or to Merchants in Great Britain but that the same shall be made payable at the full sterling value.

Resolved that the Committee do present such Petition to His Excelly the Governor and request that the same be forwarded in order to be laid before the throne.

Resolved that the Committee likewise request His Excelly in case of obtaining leave for such emission, in order to prevent counterfeits for the future that he will be pleased to order proper paper, Copper Plates, Presses and other materials necessary for stamping the same and draw on the Public Treasurers for the expence thereof.

Mr Hewes from the Committee of Accounts reported that the Committee had settled the Accounts of the Public Treasurers which he laid before the House, The same were read and concurr'd with by the House and sent to the Council for their concurrence by Mr B. Harvey & Mr Branch.

Resolved the following message be sent to the Council—vizt:

-------------------- page 662 --------------------

Gentm of His Majesty's Honble Council,

We herewith send you the resolves of this House relative to the appointment of a Committee to draw up a Petition to His Majesty for leave to emit a Currency; & this House have appointed Mr Maurice Moore, Mr Cors Harnett and Mr Robert Howe a Committee thereof for the purposes aforesaid, in conjunction with such of your Honrs as you shall think proper to appoint.

JNO. HARVEY, Speaker
By order
Wm. Herritage Clk.

13th Jany 1768.

Sent by Mr Webster and Mr Gibson.

Resolved the following Message be sent to the Council—

Gentlemen of His Majestys Honble Council,

This House on considering your message of this day relative to the duties paid by Mr Samuel Cornell for 24 Hogsds of rum have resolved that the said Samuel Cornell be allowed the sum of forty pounds (being the sum he paid for the said Duties) in the payment by him of future duties on wine, rum and other spirituous liquors and desire your Honors Concurrence herewith.

JOHN HARVEY, Speaker
By order
Wm. Herritage Clk.

13th January 1768

Sent by Mr Waddell and Mr Johnston.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday the 14th January 1768.

The House met according to adjournment.

Mr Maurice Moore and Mr John Simpson moved for leave to absent themselves from the service of the House

Ordered they have leave accordingly.

Mr Fanning from the Committee appointed to examine into the state of the Public Funds reported as follows—to wit—

That the said Committee have had recourse to the Public Accounts as settled by the several Committees of Public Accounts since the first emission of Paper Currency in the year 1746 and such other aids and assistances as in their Power to procure for their information into the Public Funds, but that from the great intricacy and

-------------------- page 663 --------------------
uncertainty of the state of the Public accounts and the Vouchers produced by the former Treasurers; and the want of knowing the exact number of Taxables in the several Counties in this Province since the said first emission of paper Currency are unable to make a report of the state of the Public Funds this Session—The Committee do further report that they think it necessary that the Committee should be continued till the next Session of Assembly for more leisure and better opportunities of information.

The Committee further report that without an exact list of the number of Taxables in this Province in each year since the emission of Paper Currency aforesaid it will be utterly impossible to make a just and true report of the present state of the Public Funds.

On motion Ordered Mr Hewes be added to the said Committee and that the said Committee be continued till the end of the next Session of Assembly; and also that they have power to send for Persons, Papers and records for their information into the state of the Public Funds.

Resolved the following Message be sent to the Council

Gentlemen of His Majestys Honble Council

This House have unanimously resolved that the Speaker of this House provide for himself, the Clerk of this House and Officers thereof and also for the Clerk and Officers of the Council necessary Robes suitable to their station, and a mace for each House at the expence of the Public and desire your Honors Concurrence thereto.

JOHN HARVEY, Speaker
By order
Wm. Herritage Clk.

14th January 1768.

Sent by Mr Fanning and Mr Waddell.

Received from the Council the Resolve of this House relative to the allowances of the several sums mentioned in the Resolve of this House of the 12th instant. Endorsed 14th January 1768, In the Upper House concurred with.

JAS. HASELL, P. C.

Received from the Council the Reports of the Committee of Accounts; and also that of the Committee of Claims. Endorsed 14th January 1768, In the Upper House concurred with.

JAS. HASELL, P. C.

Received from the Council the following message (to wit)

-------------------- page 664 --------------------

Mr Speaker and Gentlemen of the Assembly.

We are very sorry to find by your Answer to our message of yesterday that you have not agreed to our allowance of seventy pounds to our Clerk for his services last Session, We should be glad you would reconsider the justice thereof and allow it, That all the disputes that may arise on that subject between the two Houses may be prevented and this Session be concluded with that Harmony we should always wish to subsist between the several Branches of the Legislature.


14th January 1768.

Resolved the following message be sent to His Excellency the Governor—vizt

To His Excelly William Tryon Esqre Capt. Gen. Govr &c.

Sir,

We send your Excellency a resolve of this House with which the Council have concurr'd for allowing Mr Cornell his claim of forty pounds for the duty paid by him on twenty four hogsds of rum that were exported out of the Country and request your Excelly's Concurrence herewith.

JOHN HARVEY, Speaker.

14th January 1768.

Sent by Mr Robert Howe & Mr Jos. Hewes.

Resolved the following message be sent to the Council.

Gentm of His Majesty's Honble Council.

This House have re-considered your message relating to the allowance made your Clerk at the last Session and should be extreamly sorry that any matter might interrupt the good understanding and harmony that has hitherto subsisted between the two Houses but cannot receed from our resolution of yesterday on that subject.

JOHN HARVEY, Speaker
By order
Wm Herritage Clk.

12th January 1768.

Sent by Mr Fanning & Mr Waddell.

Resolved the following message be sent to His Excellency the Governor—vizt

-------------------- page 665 --------------------
To His Excelly William Tryon Esqre Capt: Gen: Govr &c. Sir,

This House herewith send your Excellency the reports of the Committees of Accounts and Claims concurr'd with by His Majesty's Council and this House desire your Excellency's Assent thereto.


14th January 1768.
JOHN HARVEY, Speaker.

Received from the Council the following message—vizt

Mr Speaker and Gentm of the Assembly,

This House taking into consideration your message relative to the appointment of a Committee to draw up a Petition to His Majesty for leave to emit a Currency have appointed the Honble John Rutherford and Lewis DeRosset Esqrs a Committee of this House to joyn the Gentm by you appointed for that Purpose.


14th January 1768.

Then the House adjourned till 10 o'clock tomorrow morning


Friday 15th January 1768.

The House met according to Adjournment.

Received from the Council the message sent them from this House of yesterday relative to Mr Speaker finding robes &c. for himself, the Clerks of both Houses and Officers thereof. Endorsed 15th January 1768, In the Upper House Concurred with—

JAS. HASELL P. C.

Resolved the following message be sent to His Excellency the Governor—vizt

To His Excelly William Tryon Esqre Capt. Gen. Govr &c.

Sir,

This House herewith send your Excellency a resolve thereof relative to the providing the Speaker thereof and Clerk, the Clerk of the Council and Officers of both Houses necessary robes &c. and that the same be paid for by the Public to which His Majesty's Council have concurr'd & desire your Excellency's assent thereto.


15th January 1768.
JOHN HARVEY, Speaker.

Sent by Mr Willie Jones & Mr Jos. Hewes.

-------------------- page 666 --------------------

Received from His Excelly the Governor the following message with the Papers &c. therein mentioned by Mr Edwards.

Mr Speaker & Gentm of the Assembly,

I herewith send you the several resolves that accompanied your Message to me of yesterday vizt

For the sum of £1215.10.2½ allowed for the expence incurred in running the dividing line between the Western Frontiers of this Province & the Cherokee Hunting Grounds.

For the sum of £157.18.10 disbursed by me for carrying on a Post thro' this Province & also the sum of fifteen pounds for the relief & assistance of several Scotch Families.

For the sum of forty pounds to Samuel Cornell Esqre for the purpose mentioned in this resolve.

For an appointment of a Capt. Commandant & ten men to Garrison Fort Johnston.

I also send you the Reports of the Committees of Accounts and Claims all which reports & resolves I have approved of.


January 16th 1768.
Wm. TRYON.

It appearing to the House that there is still due on Acct: of the Parliamentary Grant to this Province in the hands of James Abercrombie, Samuel Smith and Couchett Jouvencil the sum of £1600 and upwards,

Resolved that Joseph Montford and John Ashe Esqrs, Treasurers, be empowered at the expence of the Public to sue for and recover the same, and that they appoint one or more sufficient Attorney or Attornies in London for that purpose, and on the recovery and receipt thereof that they pay to the said Couchett Jouvencil the arrears of Salary due to him as agent of this Province and the Balance after deducting the charges and expences of recovering the same be applied to the contingent charges of Government.

Sent the Estimate of allowances to the Members and others this Session to the Council for Concurrence by Mr Spier and Mr Blinn.

Resolved the following Message be sent to the Council—vizt:—

Gentm of his Majesty's Honble Council,

The above is a resolve of this House of this day and desire your Honrs Concurrence thereto.

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

15th January 1768
-------------------- page 667 --------------------

Sent by Mr Montford & Mr James Moore.

Received from His Excelly the Governor the resolve sent him this day relative to the Speaker providing robes &c. Endorsed 15th January, 1768. Approved of

Wm. TRYON.

Also received from His Excellency the following message—vizt:

Mr Speaker & Gentm of the Assembly,

Agreeable to your message to furnish robes for the Speaker and other Officers of both Houses of Assembly, I return you the resolve assented to.

Wm. TRYON.

Received from the Council the Estimate of allowances to the Members of this House and others Endorsed 15th January 1768, In the Upper House Concurred with.

JAs. HASELL, P. C.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to Adjournment.

Received from the Council the resolve of this day sent them relative to the direction of the Treasurers suing for the sum due the Public from James Abercrombie, Samuel Smith and Couchett Juvencel Esqrs &c. Endorsed 15th January 1768, In the Upper House Concurred with.

JAs HASELL, P. C.

Resolved the following message be sent to His Excellency the Governor—vizt:—

To His Excelly William Tryon Esqre, Capt: Gen: Governor &c.

Sir,

This House herewith send your Excelly a resolve thereof this day relative to the Treasurer bringing suit against the Persons therein mentioned who have the Public monies in their hands in England &c, Which resolve is concurr'd with by His Majesty's Council and desire your Excellency's Assent thereto.


15th January 1768.
JOHN HARVEY, Speaker.

Sent by Mr Blinn & Mr Knox.

His Excellency the Governor sent a verbal message to this House by Mr Burgwin requiring the immediate attendance thereof in the Council Chamber with the Engrossed Bills.

-------------------- page 668 --------------------

Mr Speaker with the House waited on His Excellency in the Council Chamber with the following Bills and presented them to him for his Assent—vizt:—

The Bill for dividing the Province into six several Districts.

The Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions &c

The Bill directing the method of appointing jurymen &c.

The Bill for appointing Sheriffs &c.

The Bill to appoint a Public Treasurer &c.

The Bill for regulating the Inspection of Tobacco &c.

The Bill for vacating the Titles of certain persons to three hundred acres of land situate in the lower part of Cape Fear and adjoining Fort Johnston &c.

The Bill to continue an Act entitled an Act for enlarging the time of saving Lotts in the Town of Hertford &c.

The Bill for regulating Ordinaries &c.

The Bill for vesting certain Lotts in the Town of Newbern in His Excellency the Governor and his Successors.

The Bill for defraying the Contingent Charges of Government.

The Bill for an Additional Act to 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.

The Bill for building a Public Gaol and Gaoler's House for the District of Newbern in the Town of Newbern.

The Bill to amend an Act intitled an Act for facilitating the Navigation of Port Roanoke, Port Bath and Port Beaufort.

The Bill for erecting in the Town of Salisbury a Public Gaol Pillory and Stocks for the District of Salisbury &c.

The Bill for annexing part of Northampton County to the County of Bute.

The Bill to amend the several Acts for regulating the Town of New Bern.

The Bill for laying out a Public Road from the Frontiers of this Province through the Counties of Mecklenburg, Rowan &c.

The Bill to impower the Justices of Currituck County to build a Prison, Pillory and Stocks in the said County &c.

The Bill for establishing the Vestry elected in the Parish of St Stephen in Johnston County.

The Bill for destroying Crows and Squirrells &c.

The Bill to continue the Acts therein mentioned.

-------------------- page 669 --------------------

The Bill to amend an Act intitled an Act to encourage Persons to settle in the Town of Brunswick &c.

The Bill concerning idle and dissolute Persons.

The Bill for establishing a Town on the land of William Gray on Cashy river in Bertie County.

The Bill for appointing an Inspector for the Great Island opposite Wilmington.

The Bill to amend an Act entitled an Act for the regulation of the Town of Wilmington.

The Bill for establishing Public Warehouses in the Town of Halifax and Campbelton.

To all which His Excellency was pleased to assent except the Bill to amend the several Acts for regulating the Town of New Bern and for other Purposes therein mentioned, which his Excellency was pleased to reject.

And then made a speech to His Majesty's Council and this House, a copy of which to prevent mistakes Mr Speaker obtained; and being returned laid the same before the House.

Ordered the same be read—Read the same as follows—to wit—

Gentlemen of His Majesty's Honble Council Mr Speaker and Gentlemen of the Assembly,

I congratulate you on the happy issue to this Session, at the same time that I thank you for the Particular attention you have paid to the several considerations I have referred to you in the course of it.

I must own I regret that no provision is made for a supply of ammunition for the defence of this Province, however upon your further deliberation of the real necessity of such a Provision, I rest in full confidence that a Powder Duty will be obtained at your next meeting.

I have only to add I shall exert my utmost endeavours that the liberality of your vote for finishing the Edifice may be applyed to the best advantage, as also to direct every Public measure within my sphere to the prosperity of this Government, and the felicity of its Inhabitants.

Wm. TRYON.

Then the House adjourned till 10 o'clock tomorrow morning


Saturday the 16th January 1768.

The House met according to Adjournment.

-------------------- page 670 --------------------

Received from His Excellency the Resolve of this House sent to him yesterday, relative to the Treasurers suing the Persons therein mentioned who have the money due to this Province in their hands in London. Endorsed, Approved of.

Wm TRYON.

And also the following Message—vizt:—

Mr Speaker and Gentlemen of the Assembly,

In Answer to your Message of yesterday I am to acquaint you I have assented to your Resolve to impower the Public Treasurers to sue for the sums of money due to this Province from the Persons therein mentioned. At the same time I request the Treasurers may be directed not to commence suit against Mr Smith until they receive advice from me, as I apprehend the same may be settled without that trouble and expense.

Wm. TRYON.

Resolved the House agree to the above Message.

Then the House adjourned till 4 o'clock afternoon at which time His Excellency was pleased by Proclamation to prorogue this Assembly to the 31st day of May next to be then held at New Bern.

True Copy.
Test
Wm. HERRITAGE Clk.