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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
January 01, 1771 - January 26, 1771
Volume 08, Pages 347-384

-------------------- page 347 --------------------
LEGISLATIVE JOURNALS.—[Continued.]
In the Upper House—Continued from page 302.


Tuesday Morning 1st January 1771.

Present as before,

The House met according to adjournment

On motion the following Bills were ordered to be read

A Bill to direct Sheriffs in levying executions and disposal of Lands goods and chattels taken thereon, Read the first time and passed.

A Bill for vesting the School House in Edenton in Trustees, Read the second time and passed.

A Bill to ascertain what fences are sufficient, Read the first time and passed.

A Bill for erecting the Southern part of Orange County into a separate County and Parish by the name of —— County and —— Parish, read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 2d January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr McKinnie and Mr Rutherford the following Bills, Vizt,

A Bill for erecting part of Johnston Cumberland and Orange Counties into a separate and distinct County by the name of Wake County and St Margarets Parish. On motion read the third time and passed. Ordered to be engrossed.

A Bill for an addition to and amendment of an Act Intitled an Act for appointing a Militia.

A Bill for erecting the western part of Rowan County into a separate and distinct County and Parish by the name of —— County and —— Parish. On motion read the first time and passed.

A Bill for erecting the western part of Rowan County into a separate and distinct County and Parish by the name of —— County and —— Parish. On motion read the first time and passed.

-------------------- page 348 --------------------

A Bill to prevent hunting for and killing deer in the manner therein mentioned. On motion read the third time and passed. Ordered to be engrossed.

A Bill for founding establishing and endowing of —— College in —— On motion read the first time and passed.

On motion a Bill for appointing commissioners for erecting and building a court house prison and stocks for the County of Tryon was ordered to be read, Read the same the second time and passed.

Received from the Assembly by Mr Slade and Mr Smithwick the following Bills Vizt

A Bill for securing the titles of the freeholders of the County of Currituck and Carteret. On motion read the first time and passed.

A Bill for erecting part of the Counties of Halifax and Tyrrell into a separate County and Parish.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday Morning 3rd January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Thomson and Mr Edmunds the following Bills Vizt

A Bill for preventing tumultuous and riotous assemblys for the more speedy and effectual punishing the rioters and for restoring and preserving the public peace of the Province. On motion read the first time and passed.

A Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort.

A Bill to appoint commissioners for finishing the Church in Wilmington in the room and stead of John DuBois and George Wakely Esqrs, deceased. On motion read the second time and passed.

A Bill to amend an Act Intitled an Act for appointing Sheriffs and directing their duty in office. On motion read the third time and passed. Ordered to be engrossed.

A Bill for the restraint of vagrants and for making provision for the poor. On motion read the third time and passed. Ordered to be engrossed.

A Bill for appointing a salary for the Chief Justice. On motion read the first time and passed.

-------------------- page 349 --------------------

A Bill for erecting a Town on the Land of Richard Evans on Taw River, On motion read the first time and passed.

A Bill to prevent the untimely destruction of fish in Core sound, Bogue sound and the Streights in Carteret County. On motion read the first time and passed.

A Bill for preventing the frequent abuses in taking up and secreting stray horses within this Province. On motion read the first time and passed.

A Bill for establishing a public ferry across the Yadkin River at the plantation of James Smith in Rowan County.

A Bill to amend an Act Intitled an Act for establishing a Town on the Lands of John and William Russell, minors, sons of John Russell deceased on the West side of the North West branch of Cape Fear River, near the mouth of Cross Creek, by the name of Campbelton.

A Bill for the better regulation of the Town of Salisbury securing the Inhabitants in their possessions and to encourage the settlement of the said Town, On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Dickson and Mr McRee the following Bills, Vizt:

A Bill for appointing Commissioners for erecting and building Court House, Prison and Stocks for the County of Tryon.

A Bill to appoint Commissioners for finishing the Church in Wilmington in the room and stead of John DuBois and George Wakely Esqrs, deceased, On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington, On motion read the second time amended and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning January 4th 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Edmunds and Mr Hare the following Bills Vizt

A Bill to relieve certain persons therein mentioned from the payment of Public County and Parish Taxes. Read the first time and rejected.

-------------------- page 350 --------------------

A Bill to enable the Sheriff of Beaufort to collect the Taxes for the year 1770. On motion read the first time and passed.

A Bill for the more advantageous and easy manner of obtaining partitions of Lands in coparcenary, joint tenancy and tenancy in common. On motion read the first time and passed.

A Bill to impower certain Commissioners to stamp and sign debenture Bills to the amount of —— thousand pounds proclamatiom money and to exchange the same for the debenture and proclamation bills in circulation in this Province. On motion read the first time and passed.

On motion the following Message was ordered to be sent to the Assembly

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for an Addition to an amendment of an Act Intitled an Act for appointing a Militia, We propose to add the clause herewith sent. If you agree thereto please send two of your Members to see the same done.

By order
J. B. Clk.

On motion the House taking under consideration the former rules and orders of this House relative to private Bills, Do now order and resolve that all establishing or dividing of Counties or Parishes, Building of Churches appointing of Vestries, Building of Court Houses or Gaols making or altering of Roads when no particular person or persons are benefitted, shall not be deemed private Bills so as to entitle the President or Clerk to take fees thereon.

Received from the Assembly by Mr Haywood and Mr Ormund the following Bills Vizt

A Bill for the more easy and speedy recovery of small debts.

A Bill for founding, establishing and endowing of Queens College in the Town of Charlotte in Mecklenberg County. On motion read the second time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 5th January 1771.

The House met according to adjournment.

Present as before.

On motion read the Bill for further continuing an Act Intitled an Act for appointing a printer to this Province. Read the third time and passed. Ordered to be engrossed.

-------------------- page 351 --------------------

The Bill for appointing Commissioners for erecting and building a Court House, prison and stocks for the County of Tryon, was read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Knox and Mr Gibson the following Bill, Message and Resolve, Vizt,

A Bill for rating the several species of foreign coin therein mentioned and making the same a tender in all payments.

Gentlemen of His Majestys Honble Council,

This House having been informed that Danl Duncan of Orange County was strongly suspected and charged with making and uttering the counterfeit Bills of this Province, directed the said Danl Duncan to be brought to the Bar of House, who being brought accordingly, and on examination no proof appearing against him, This House have Resolved he be discharged and that he be allowed ten pounds for his expenses in coming to and returning from the Assembly to be paid by the Treasurers or one of them out of the contingent fund, and desire you Honors concurrence thereto

R. CASWELL, Speaker.
By order
Jas. Green, Junr Clk.
Then on motion the said Resolve was concurred with
J. HASELL, P.
By order
J. B., Clk.

Gentlemen of His Majesty's Honble Council,

This House have Resolved that Dorcas Bathurst be allowed the sum of two pounds ten shillings; she having made it appear that in the storm of 7th September 1769 she lost a sum equal to that in proclamation money which we have directed to be paid her out of the sinking fund and desire your Honors concurrence.

Rd CASWELL, Speaker.

In the Assembly the 5th Jany 1771.

Then on motion the said Resolve was read and concurred with

J. HASELL, President.

5th Jany 1771.
By order
J. B., Clk,

Then the House adjourned to 10 oClock on Monday Morning.

-------------------- page 352 --------------------


Monday Morning 7th January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Prior and Mr Alexander A Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768 intitled “An Act for building a public gaol and gaolers house for the District of New Bern in the Town of New Berne. On motion read the first time and passed.

Then on motion the Bill for the more easy and speedy recovery of small debts, the said Bill was read and rejected.

A Bill to impower dissenting Ministers regularly called to any congregation to solemnize the rites of Marriage under certain restrictions therein mentioned, on motion rejected.

A Bill for erecting the Northern part of Orange County [into a separate and distinct] County and Parish by the name of Norbury County and Trinity Parish. On motion rejected.

Received from the Assembly the following Message, Vizt,

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to the Bill for an addition to and amendment of an Act Intitled “An Act for appointing a Militia,” This House agree to the clause by you proposed and send Mr Knox and Mr Harvey to see the same inserted in the said Bill.

R. CASWELL Speaker.

Then the clause referred to was inserted in the said Bill in presence of the Members sent for that purpose and then the Bill was put and passed the third time. Ordered to be engrossed.

A Bill for erecting part of Rowan County and part of Orange County into a separate County and Parish by the name of Chatham County and Unity Parish and other purposes. Read the second time and passed.

A Bill for erecting part of the Counties of Halifax and Tyrril into a County and Parish. Read the second time, amended and passed.

Received from the Assembly a Bill to prevent the unreasonable destruction of fish in the Rivers Roanoake and Dan and other water courses therein mentioned. Read the first time and passed.

-------------------- page 353 --------------------

Received from the Assembly by Mr Dunn and Mr Lock the following Bills, Vizt,

A Bill for erecting a Town on the Land of Richard Evans on Tar River. On motion read the second time and passed.

A Bill for erecting the northern part of Rowan County into a separate and distinct County and Parish by the name of Surry County and All Saints Parish.

A Bill for erecting the Western part of Rowan County into a separate and distinct County and Parish by the name of Westmoreland County and St. Jude's Parish.

A Bill for erecting the Southern part of Orange County [into a separate and distinct County and Parish] by the name of Guilford County and St. Bartholomew Parish.

A Bill to enable the several Inferior Courts in this Province to lay a Tax to defray the expence of negroes capitally convicted in their respective Counties. On motion read the first time and passed.

A Bill for securing the titles of freeholders in this Province. On motion read the second time, amended and passed.

A Bill to establish a public ferry across the Yadkin River at the Plantation of James Smith in Rowan County.

Then the House adjourned to 10 oClock tomorrow morning.


Thursday Morning 8th January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills by Mr Smith and Mr Smithwick Vizt

A Bill for founding establishing and endowing of Queens College in the Town of Charlotte in Mecklenburg County. On motion read the third time and passed. Ordered to be engrossed.

A Bill for rating the several species of foreign coin therein mentioned.

A Bill for preventing tumultuous and riotous Assemblys, for the more speedy and effectual punishing the Rioters and for restoring and preserving the public peace of the Province. On motion read the second time amended and passed.

A Bill to direct Sheriffs in levying Executions and the disposal of lands goods and chattles taken thereon.

A Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort.

-------------------- page 354 --------------------

A Bill for erecting part of Rowan County and part of Orange County into a separate County and Parish by the name of Chatham County and Unity Parish and other purposes.

An additional and explanatory Bill to an Act Intitled “An Act for regulating the several officers fees within this Province and ascertaining the method of paying the same.”

A Bill for appointing a Salary for the Chief Justice.

A Bill for securing the titles of freeholders.

A Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768 Intitled “An Act for building a public gaol and gaolers House for the district of New Bern.

A Bill to ascertain Attornies fees.

A Bill for the better settling regulating and improving the Town of Beaufort in the County of Carteret and for annexing Ocacock Island to the said County.

A Bill for erecting a Town on the Land of Richard Evans on Tar River.

A Bill to prevent frauds in entering up Judgments on bonds notes or other instruments of writing by virtue of any warrant or warrants of Attorney.

A Bill for the more advantageous and easy manner of obtaining partitions of Land in Coparcenary joint tenancy and tenancy in common.

A Bill for erecting part of the Counties of Halifax and Tyrrel into a County and Parish.

Received from the Assembly the following message,

Gentlemen of His Majestys Honble Council.

We herewith send you a Resolve of this House for allowing the sum of one hundred and twelve pounds ten shillings to George Blair and desire your Honors concurrence thereto.

RICHARD CASWELL, Speaker.

Then the House adjourned till tomorrow morning 10 oClock.

Wednesday Morning January 9th 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Alston and Mr Smith the following Bills,

-------------------- page 355 --------------------

A Bill to prevent the unreasonable destruction of fish in the Rivers of Roanoke and Dan and other water courses therein mentioned. On motion read the second time and passed.

A Bill directing the method of recovering all debts and demands in this Province under five pounds proclamation money.

Then on motion the following Bills were ordered to be read,

A Bill for rating the several species of foreign coin &ca, was read the second time and rejected.

A Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, was read the the second time and passed with amendments.

Received from the Assembly by Mr Thomson and Mr Sheppard the following Bills Vizt

A Bill for vesting the school House in Edenton in Trustees.

A Bill to prevent the untimely destruction of Fish in Core Sound Bogue Sound and Streights, in Carteret County. On motion read the second time amended and passed.

A Bill to enable the Sheriff of Beaufort to collect the Taxes for the year 1770.

A Bill to enable the several Inferior Courts in this Province to lay a Tax to defray the expence of negroes capitally convicted in their respective Counties. On motion read the first time and passed.

Received from the Assembly the following message,

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing His Excellency the Governor the sum of one hundred and thirty four pounds six shillings and desire your Honors concurrence thereto.

Rd CASWELL, Speaker.

In the Assembly 9th Jany 1771.
By order
J. Green, Junr., Clk.
In the upper House 10th Jany concurred with
J. HASELL, P.
By order
J. Burgwin.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday Morning January 10th 1771.

The House met according to adjournment.

Present as before.

-------------------- page 356 --------------------

On motion the following Bills were ordered to be read Vizt,

A Bill to prevent frauds in entering up judgments on bonds, notes and other instruments of writing by virtue of any warrant or warrants of Attorney. Read the first time and passed.

A Bill for the better settling regulation and improving the Town, of Beaufort in the County of Carteret, and for annexing Ocacock Island to the said county. Read the first time and passed.

A Bill to ascertain Attornies Fees. Read the first time and passed

A Bill to direct Sheriffs in levying Executions and the disposal of lands, goods and chattels taken thereon. Read the second time amended and passed.

Received from the Assembly by Mr Gibson and Mr Campbell,

A Bill to amend an Act Intitled an Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of Public Roads and establish and settle ferrys and to appoint where bridges shall be built for the use and ease of the Inhabitants of this Province, and to clear navigable Rivers and Creeks. On motion read the first time and passed.

A Bill for appointing a salary for the Chief Justice. Read the second time amended and passed.

A Bill to enable the several Inferior Courts in this Province to lay a tax to defray the expence of negroes capitally convicted in their respective Counties. Read the second time and rejected.

Received from the Assembly by Mr Fanning and Mr Macknight, A Bill for preventing tumultuous and riotous assemblys, for the more speedy and effectual punishing the Rioters, and for restoring and preserving the public peace of the Province. On motion read the third time and passed. Ordered to be engrossed.

A Bill to enable the Sheriff of Beaufort to collect the Taxes for the year one thousand seven hundred and seventy. Read the second time and passed.

Received from the Assembly, A Bill to indemnify the several Sheriffs who have not collected the one shilling tax p. poll for sinking the twelve thousand pounds granted in the year 1760, and the tax of 2s. p. poll for sinking the £20,000 granted in the year 1761, and to direct such Sheriffs who have received the said Taxes to refund the same to the people from whom they received the said Taxes. On motion read the first time and passed.

A Bill for preventing the frequent abuses in taking up and secreting stray horses within this Province. On motion read and rejected.

-------------------- page 357 --------------------

On motion the following message was ordered to be sent to the Assembly, Vizt,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for securing the Titles of the Freeholders in this Province: We find that since our second reading the mode for appointing the persons to examine the copys of the Registers has been altered by you, We propose to put the same on the same footing it was when we sent it to you; We further propose that in the last page of the Bill the word said be altered to respective, that it may be more consistent; to which amendments if you agree please send two of your members to see the same made.

By order
J. B., Clk.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning January 11th 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Message Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Message of yesterday relative to the Bill for securing the Titles of the freeholders in this Province, This House agree to the amendments by you proposed and send Mr Macknight and Mr Thomson to see the same made.

Rd CASWELL, Speaker.
By order
J. Green, Clk.

Then the alterations were made and the Bill passed the third time. Ordered to be engrossed.

Received from the Assembly the following Bills and resolves Vizt

A Bill for appointing a salary for the Chief Justice. On motion read the third time and rejected.

A Bill for obtaining a true and distinct list of the taxable persons in the Town of New Bern and to impower the Sheriffs to collect the Town taxes due from the Inhabitants of the said Town. On motion read the second time and passed.

-------------------- page 358 --------------------

Gentlemen of His Majestys Honble Council.

We herewith send you a Resolve The Capt Commandant appointed by His Excellency, and the said Capt. be allowed ten shillings and eight pence p diem and that the Garrison be continued under the rules and regulations established by Resolve of the last Session of Assembly for one year and from thence to the end of the next Session of Assembly and desire your Honors Concurrence thereto.

Rd CASWELL Speaker.
By order
J. Green, Clk.

In the Assembly the 10th January 1771.
In the upper House, Concurred with.
J. HASELL, P.
By order
J. B. Clk.

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House in favour of the Honble William Dry Esquire for a drawback of the duties paid on rum and spirits which he has supplied his Majestys navy with and desire your Honors Concurrence thereto.

R. CASWELL, Speaker.
By order
J. Green, Clk.

In the Assembly the 10th January 1771.
In the upper House 11th January 1771, Concurred with.
J. HASELL, P.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 12th January 1771.

The House met according to adjournment.

Present as before,

Received from the Assembly the following Bills, to wit,

A Bill to direct the method hereafter to be observed by the Treasurers in keeping the public accounts of this Province. On motion read the first time and passed.

A Bill for obtaining a true and distinct list of taxable persons in the Town of Newbern and to impower the Sheriff to collect the Town Taxes due from the Inhabitants of the said Town. On motion read the second time and passed.

-------------------- page 359 --------------------

A Bill for the better settling regulating and improving the Town of Beaufort in the County of Carteret and for annexing Ocacoke Island to the said County. On motion read the second time and passed.

A Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort.

A Bill to prevent the untimely destruction of fish in Core Sound Bogue Sound and the Streights in Carteret County. On motion read the third time and passed. Ordered to be engrossed.

A Bill to enable the Sheriff of Beaufort to collect the taxes for the year 1770.

A Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, Intitled an Act for building a public gaol and gaolers house for the district of New Bern in the Town of New Bern.

A Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington.

A Bill to indemnify the several sheriffs who have not collected the one shilling Tax p. poll for sinking twelve thousand pounds granted in the year one thousand seven hundred and sixty and the tax of 2d. p. poll for sinking the twenty thousand pounds granted in the year one thousand seven hundred and sixty one, and to direct such sheriffs who have received the said Taxes to refund the same to the people from whom they received the said Taxes. On motion read the second time and passed.

On motion the following Bills were ordered to be read,

A Bill for the more advantageous and easy manner of obtaining partitions of land in coparcenary, joint tenancy and tenancy in common.

A Bill for recovering and appropriating fines and forfeitures in certain Counties within this Province. On motion read the first time and passed.

An additional and explanatory Bill to an Act Intitled an Act for regulating the several officers fees within this Province and ascertaining the method of paying the same. On motion read the second time and passed.

A Bill directing the method of recovering all demands in this Province under five pounds proclamation money. On motion read the second time amended and passed.

On motion read the following Bills, Vizt,

-------------------- page 360 --------------------

A Bill for erecting the western part of Rowan County into a separate and distinct County and Parish by the name of Westmoreland County and St Jude's Parish. Then on motion the same was rejected.

A Bill for erecting the northern part of Rowan County into a separate and distinct County and Parish by the name of Surry County and All Saint's Parish. Then on motion the same was rejected.

Received from the Assembly the following Bills vizt,

A Bill for the more easy and certain collection of his Majestys Quit rents in this Province. On motion read the first time and passed.

A Bill to amend an Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of public roads and to establish and settle ferries and to appoint where bridges shall be built for the use and ease of the Inhabitants of this Province and to clear navigable Rivers and Creeks. Read the second time and passed.

A Bill to direct Sheriffs in levying Taxes and the disposal of lands, goods and chattels taken thereon.

A Bill directing the method of recovering all debts and demands in this Province under five pounds proc. money.

Then the House adjourned till 10 °Clock Monday morning.


Monday Morning 14th January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Sheppard and Mr Dickson the following Bills Vizt

A Bill for the better settling regulating and improving the Town of Beaufort and for annexing Ocacock Island to the said County.

A Bill for recovering and appropriating fines and forfeitures in certain Counties within this Province. On motion read the second time and rejected.

A Bill for obtaining a true and distinct list of the taxable persons in the Town of New Bern and to impower the Sheriff to collect the Town Taxes due from the Inhabitants of the said Town.

A Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768 Intitled an Act for building a public gaol and gaolers house for the District of New Bern in the Town of New Bern. Read the third time and passed, Ordered to be engrossed.

-------------------- page 361 --------------------

A Bill to prevent the unreasonable destruction of fish in the Rivers of Roanoke and Dan and other water courses therein mentioned. Read the third time and passed, Ordered to be engrossed.

A Bill to amend an Act Intitled an Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of public roads and to establish and settle ferrys and to appoint where bridges shall be built for the use and ease of the Inhabitants of this Province and to clear navigable Rivers and Creeks. On motion read the third time and passed, Ordered to be engrossed.

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

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to direct Sheriffs in levying Executions and the disposal of lands goods and Chattels taken thereon,

We propose the word shall be altered to the word may and that the clause relative to appeals be steted, and the following clause be added—Provided also that lands shall not be taken on any Execution when there shall be other goods and chattels sufficient to satisfy the same.

If you agree thereto please send two of your members to see the same done.

By order
J. B. Clk.

14th January 1771.

On motion the Bill directing the method of recovering all debts and demands in this Province under five pounds proclamation money, was read the third time and rejected.

Received from the Assembly the following Bills Vizt,

A Bill to alter the method of working on the roads in the Countys therein mentioned. On motion read the first time and passed.

A Bill for the more easy and effectual method of collecting the taxes in the Counties therein mentioned. On motion read the first time and passed.

A Bill for ascertaining the boundary line between the County of Rowan and the Counties of Mecklenburgh, Tryon and for appointing Commissioners to run the same. On motion read the first time and passed.

A Bill to ascertain Attornies fee. On motion read the second time and passed.

-------------------- page 362 --------------------

Received from the Assembly A Bill erecting a new county between the Towns of Salisbury and Hillsborough by taking a part of the Counties of Rowan and Orange. On motion read the first time and passed.

A Bill to prevent frauds in entering up judgments on bonds, notes and other Instruments of writing by virtue of any warrant or warrants of Attorney. On motion read the second time amended and passed.

Then the House adjourned till 10 °Clock tomorrow morning.


Tuesday Morning January 15th 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills, Vizt,

A Bill for the more easy and certain collection of his Majestys quit rents in this Province.

A Bill for establishing two Loan Offices in this Province. On motion read the first time and passed.

A Bill to prevent frauds in entering up Judgments on bonds, notes and other instruments of writing by virtue of any warrant or warrants of Attorney. On motion read the second time and rejected.

A Bill to prevent card playing and other deceitful gaming. On motion read the first time and passed.

A Bill to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province. On motion read the second time and passed.

A Bill for establishing a new County between Campbelton and Hillsborough by taking the southern part of the Inhabitants of Orange County and by erecting the same into a distinct County by the name of —— County and —— Parish. On motion read the first time and passed.

A Bill for erecting a new County between the Towns of Salisbury and Hillsborough, by taking part of the Countys of Rowan and Orange. On motion read the second time and passed.

An additional Bill to an Act to regulate elections for Members to serve in the General Assembly and to ascertain who shall be qualified to vote at the said Elections or to be Elected a Member of the General Assembly and to direct the method to be observed in taking the Poll at the several Elections in the Counties and Towns in this Province. On motion read the first time and passed.

-------------------- page 363 --------------------

A Bill for appointing fees for such persons as the Governor or Commander in Chief for the time being shall create Master of the Rolls. On motion the said Bill was read the first time and rejected.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning.

The House met according to adjournment.

A Bill for erecting part of the Inhabitants of the County of Orange to the northward of the Town of Hillsborough into a separate and distinct County by the name of —— and —— Parish.

A Bill to ascertain Attorneys fees.

A Bill to direct the method hereafter to be observed by the Treasurers in keeping the public accounts. On motion read the second time and passed.

Received from the Assembly by Mr Pryor and Mr Person the following Message Vizt,

Gentlemen of His Majestys Honble Council,

This House agree to the additional clause proposed by you to be added to the Bill to direct Sheriffs in levying Executions and the disposal of lands, goods and chattels taken thereon, but cannot agree to stet the clause relative to appeals as it may be productive of delay, nor can we recede from retaining the word shall proposed by you to be altered to the word may, as things taken upon Execution would by that means be left at large and neither belong to Plt. nor Deft. We cannot conclude without adding that the critical situation of this Country renders the passing this Bill especially necessary and therefore persuade ourselves it will meet with your Honors concurrence, in which case two of our Members shall attend to see the clause you propose added to the Bill.

Rd CASWELL, Speaker.

On motion the Bill to amend an Act Intitled an Act for the regulation of the town of Wilmington, was read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following Bills, to wit, viz,

A Bill for erecting a new County between the Towns of Salisbury and Hillsborough by taking part of the Countys of Rowan and Orange. On motion read the third time and passed. Ordered to be engrossed.

-------------------- page 364 --------------------

A Bill to enlarge the time for several Sheriffs to settle their accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions of the Counties therein mentioned. On motion read the second time and passed.

A Bill for ascertaining the boundary line between the County of Rowan and the counties of Mecklenburgh and Tryon and for appointing Commissioners to run the same. On motion read the second time and passed.

Received from the Assembly the following Bills Vizt,

A Bill for the more advantageous and easy manner of obtaining partitions of Lands in parcenary, joint tenancy and tenancy in common.

A Bill to further continue an Act for the restraint of Vagrants and for making provisions for the poor and other purposes.

A Bill for the more easy and effectual method of collecting the Taxes in the Counties therein mentioned.

A Bill to enlarge the time for several Sheriffs to settle their accounts with the Justices of the Inferior Court of Pleas and Quarter Sessions of the Countys therein mentioned. On motion read the third time and passed. Ordered to be engrossed.

A Bill for erecting part of the Inhabitants of the County of Orange to the northward of the town of Hillsborough into a separate and distinct County and Parish by the name of —— County and —— Parish.

A Bill to prevent card playing and other deceitful gaming.

Then the House adjourned till 10 oClock tomorrow morning


Thursday Morning 17th January 1771.

The House met according to adjournment.

Present as before.

Recived from the Assembly a Bill for ascertaining the boundary line between the County of Rowan and the Countys of Mecklenburg and Tryon and for appointing commissioners to run the same.

Received from the Assembly the following Resolve, Vizt,

Resolved, that Thomas Sitgreaves be allowed for his pay as Captain of the Prison Guards, guard room, fire and candles furnished the said guards from the 21st day of December last to this day the sum of thirteen pounds to be paid him out of the five hundred pounds, Resolved by this House to be drawn out of the Treasury

-------------------- page 365 --------------------
by His Excellency the Governors Warrant to be applied towards the payment of any necessary expenses His Excellency has been or may be at in the counteracting the wicked designs of the Insurgents.

RICHd CASWELL, Speaker.
By order
J. Green, Junr, Clk.

Received from the Assembly the following Bills, Vizt

A Bill to encourage and support the establishment of a Post Office in this Province. On motion read the first time and passed.

A Bill to indemnify the several Sheriffs who have not collected the one shilling tax p. poll for sinking the £12,000 granted in the year 1760, and to direct such sheriffs who have received the said taxes to refund the same to the people from whom they received the said taxes. On motion read the third time and passed. Ordered to be engrossed.

On motion the following Bills were ordered to be read,

A Bill for the more advantageous and easy manner of obtaining partitions of Lands in coparcenary, joint tenancy and tenancy in common. Read the third time and passed. Ordered to be engrossed.

A Bill to prevent card playing and other deceitful gaming. Read the second time and passed,

On motion the following message was ordered to be sent to the Assembly,

Mr. Speaker and Gentlemen of the Assembly,

We observe by your message of the 15th Instant that you do not agree to our proposed alteration of the word shall to the word may or allow the clause admitting an appeal in the “Bill to direct Sheriffs in levying Executions, In order therefore to make that Bill less liable to objection, We agree that the word shall, stand with respect to goods and chattels, but that with respect to lands in such cases the Plt may take them at 2s. 3d. the value to which end we send a clause with the necessary alteration. If you agree thereto please send two of your members to see this and the former clause agreed to by you, added to the Bill.

By order
J. Burgwin, Clk.

A Bill to further continue an Act for the restraint of vagrants and for making Provision for the poor and other purposes. Read the first time and passed.

-------------------- page 366 --------------------

A Bill for the more easy and effectual method of collecting the Taxes in the Counties therein mentioned. Read the second time and passed.

A Bill to amend and continue an Act for facilitating the navigation of Port Bath Port Roanoke and Port Beaufort. Read the third time and passed. Ordered to be engrossed.

The following Message was sent to the Assembly,

Mr Speaker ang Gentlemen of the Assembly

On reading a third time the Bill for appointing William Moore of Tryon County to collect and receive the Taxes due for the year 1768, We observe as the Bill now stands that Wyley would be immediately discharged from such taxes, which we are of the opinion ought not to be until Moore gives Bond and sufficient security and therefore propose the words following be inserted in the Bill Vizt, “As soon as the said Wm Moore has given Bond with sufficient security as aforesaid, That James Wyley shall be exonerated &ca” as in the Bill.

If you agree thereto please send two of your Members to see the same done.


17th January 1771.

Then the House adjourned until tomorrow morning 10 oClock


Friday Morning 18th January 1771.

The House met according to adjournment.

Present as before.

On motion the following Bills were ordered to be read,

A Bill for vesting the school house in Edenton in Trustees. On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend an Act Intitled an Act for establishing a Town on the Lands of John and William Russell, Minors, sons of John Russell deceased, on the West side of the No West branch of the Cape Fear River near the mouth of Cross Creek by the name of Campbelton. On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly an additional Bill to an Act for defraying the contingent charges of Government. On motion read the first time and passed.

-------------------- page 367 --------------------

A Bill for regulating the issuing of marriage licenses, On motion read the first time and passed.

Received from the Assembly the following Message and Bills Vizt

Gentlemen of His Majesty's Honble Council,

In answer to your Message of this day respecting the Bill for appointing William Moore of Tryon County to collect and receive the taxes due for the year 1768, We agree to the amendments by you proposed, and send Mr Dunn and Mr Ormond to see the same made.

R. CASWELL, Speaker.

Then the alteration mentioned was made in presence of the members sent for that purpose, and the Bill passed the third time. Ordered to be engrossed.

A Bill for further continuing an Act for the restraint of Vagrants and for making provision for the poor and other purposes. On motion read the second time and passed.

A Bill to prevent card playing and deceitful gaming. On motion read the third time and passed. Ordered to be engrossed.

A Bill for establishing a new County between Campbelton and Hillsborough by taking the southern part of the Inhabitants of Orange County and by erecting the same into a distinct County by the name of Chatham County and St Bartholomew Parish. On motion read the third time and passed. Ordered to be engrossed.

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

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time “A Bill to ascertain Attornies fees,” We propose the following amendments to the Bill as it now stands Vizt, to dele the clause relative to the Attornies fees and insert the following and that they shall not take more,

s.
d.
For every opinion or advice in any matter respecting Superior Court business
1
10
The same in Inferior Court
15
On all suits for recovering of debts due by book Accounts, notes or bonds in Superior Court
2
00
On all actions when titles of land do not come in question in the Superior Court
3
10
-------------------- page 368 --------------------
In all suits in trespass Quare clausum fregit
5
00
In Ejection
7
10
In all Actions in the Inferior Court of what nature soever
1
10

Provided that in every Bill of Costs the Clerk shall tax for the Lawyers fee 30s. in the Superior Court and 15s. in the Inferior Courts.

We propose to dele the clause and proviso giving power to the Superior and Inferior Courts over the Attorneys and also that the last proviso in the Bill relative to any compensation to be given to a Lawyer at the end of the suit.

And that this Act shall continue and be in force for and during two years and no longer.

If you agree to these amendments please send two of your members to see the same made.

By order
J. B., Clk.

Received from the Assembly the following Resolve, Vizt,

Resolved that six thousand weight of gun powder two thousand weight of musket balls and shot be purchased for the use and defence of this Province and that the Captain Commandant of Fort Johnston do purchase the same and that His Excellency the Governor be impowered to draw upon either of the public Treasurers for money to purchase the same.

R. CASWELL, Speaker.

In the upper House 18th January 1771.
Concurred with.
J. HASELL, P.
By order
J. B., Clk.

A Bill to encourange and support the establishment of a post office in this Province. On motion read the second time amended and passed.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday Morning 19th January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills, Vizt,

-------------------- page 369 --------------------

A Bill for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province. On motion read the first time and passed.

A Bill for granting a salary to the Chief Justice out of the Contingent fund.

A Bill to alter the method of working on the roads in the Countys therein mentioned.

A Bill for further continuing an Act for the restraint of vagrants and for making provision for the poor and other purposes.

A Bill regulating the issuing of marriage licenses.

A Bill to encourage and support the establishment of a post office in this Province.

Also the following Resolve, Vizt,

Resolved, that Mr Southeir be allowed fifty pounds for the map of this Province and plans of the several Towns therein presented by him to this House to be paid by the Treasurers or one of them out of the contingent fund.

RICHd CASWELL, Speaker.

19th January 1771. In the upper House.
Concurred with
J. HASELL, P.

Then the House adjourned till 10 oClock Monday morning.


Monday Morning 21st January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Gray and Mr Henry an additional Bill to an Act Intitled an Act for defraying the contingent charges of Government. On motion read the second time and passed.

Received from the Assembly the following Resolves Vizt,

In the Assembly 19th January 1771,

Resolved, that Mr Gibson and Mr Jones be allowed the sum of five pounds each for their models of rice mills, laid before this House, to be paid by the Treasurers or one of them out of the Contingent Fund.

Rd CASWELL, Speaker.
By order
J. Green, Clk.

In the upper House 21st January 1771, Read and concurred with.
J. HASELL, P.
By order
J. B., Clk.
-------------------- page 370 --------------------

Resolved that Simon Bright be allowed the sum of ten pounds for apprehending and bringing George Martin to the bar of this House who was suspected of making and passing counterfeit money, to be paid by the Treasurers or one of them out of the Contingent Fund.

Rd CASWELL, Speaker.
By order
J. Green, Junr, Clk.

In the upper House concurred with, 21st January 1771.
J. HASELL, P.
By order
J. B., Clk.

On motion the following Bills were ordered to be read, Vizt,

An additional Bill to an additional Act Intitled an Act to regulate elections for members to serve in the General Assembly and to ascertain who shall be qualified to vote at the said elections or to be elected a Member of the General Assembly and to direct the method to be observed in taking the poll at the several elections in the Counties and Towns in this Province, Read the second time and passed.

Received from the Assembly by Mr Lane and Mr Bonner the Report of the Committee of Claims which were read and concurred with.

A Bill for the better settling, regulating and improving the Town of Beaufort in the County of Carteret and for annexing Ocacock Island to the said County, Read the third time and passed. Ordered to be engrossed.

A Bill for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province. On motion read the second time and passed.

Received from the Assembly the following Bills, Vizt,

A Bill for granting a Salary to the Chief Justice out of the Contingent fund. On motion read the second time amended and passed.

Received from the Assembly the following Message, Vizt,

In answer to your Message of the 18th current relative to the bill for ascertaining fees, We agree to dele the clause giving power to the Superior and Inferior Courts over the Attornies and send Mr Fanning, Mr Haywood and Mr Person to see the same inserted, but cannot agree to any other alteration.


21st January 1771.
Rd CASWELL, Speaker.
By order
J. Green, Junr, Clk.
-------------------- page 371 --------------------

Then the alteration agreed to was made to the bill, read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following Bill, Vizt,

An additional Bill to an Act for defraying the contingent charges of Government. Read the second time and passed.

Received from the Assembly the following Resolve, Vizt,


In the Assembly 21st January 1771,

Resolved, That the Honble Robert Palmer Secretary be allowed the sum of fifty pounds for the expences in removing all the records and papers belonging to the Secretarys Office from Wilmington to New Bern to be paid by the Treasurers or one of them out of the contingent fund.

Rd CASWELL, Speaker.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 22d January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills Vizt

An additional Bill to an Act Intitled an Act to regulate Elections for Members to serve in the General Assembly &ca.

An additional Bill to an Act Intitled an Act for defraying the contingent charges of Government, On motion read the third time and passed. Ordered to be engrossed.

A Bill for regulating the issuing of Marriage Licenses.

A Bill for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province. Read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following Message Vizt,

Gentlemen of His Majestys Honble Council,

In answer to your Message of the 7th Inst relative to the Bill to direct Sheriffs in levying Executions &ca, We agree to the amendments by you proposed and send Mr Fanning and Mr Willie Jones to see the clauses added to the Bill.

Rd CASWELL, Speaker.
By order
J. Green, Clk.
-------------------- page 372 --------------------

Then the clauses mentioned were inserted in presence of the Members sent for that purpose and the Bill passed the third time.

Ordered to be engrossed.

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

Mr Speaker and Gentlemen of the Assembly,

We observe on your third reading of the Bill for regulating the issuing of Marriage License you have inserted a clause impowering Presbyterian Ministers to marry without a License, which clause we can by no means agree to, and propose to dele the same. If you consent to this amendment please send two of your Members to see it done that the Bill may pass into a Law.

On motion the following Message was ordered to be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the explanatory Bill relative to Clerks fees We are of opinion in many instances the Clerks of the Superior Courts are not allowed fees adequate to the Services they are obliged to perform and therefore from a principle of Justice We would propose the following amendments vizt

In the clause giving a fee for continuances, We propose to dele the words “after the second cor” and that the clause stand as follows vizt

“For the continuance or reform of every cause including all fees for every service necessary thereon, Unless when an attachment or pluries writ is issued, in which case the Clerk is intitled to 2s. more which shall include all services in swearing and entering the Oaths of Garnishes and all rules orders and entrys thereon.”

As it requires judgment and knowledge in the Law to draw up Records properly the fee you have allowed the Superior Court Clerk is by no means adequate to the service. We propose it to be made 10s. which sum in another clause in this Bill you have allowed for the same service to Clerks of the Inferior Courts this alteration will make the Bill more consistent.

And as commissions under seal of Office often issue for the examination of Witnesses in causes depending and depositions are returned and filed as evidence in the cause for which service there is no fee allowed to the Clerks, We propose in the clause where a Commission is directed to take the examination of a feme Covert

-------------------- page 373 --------------------
to insert the words, “or Witnesses in any cause depending in any Superior Court,

The fee allowed on a Special Verdt is quite inadequate to the service the Clerk is obliged to perform and therefore propose to make the fee 8s.

We would propose the tax of 20s. and 5s. on Law Suits be made paya on final judgment or determination of the cause and that the Bill be altered to that purpose.

If your House agree to these amendments please send two of your members to see the same made.

By order
J. BURGWIN, Clk.

In the upper House 22d January 1771.

Then the House adjourned till 10 oClock tomorrow morning


Wednesday Morning 23d January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following messages, Vizt,

Gentlemen of His Majestys Honble Council,

The Chairman of the Committee of Public Accounts having reported that the Northern Treasurer hath paid into the Committee on Account of the sinking fund five thousand seven hundred and thirty pounds 11s. and six pence, And the Treasurer of the Southern District the sum of £9,210 19s. 11d. on the same fund,

This House have appointed a Committee of the whole House to see the said two sums amounting in the whole to £14,941 11s. 5d. burnt at the House of Thos Hawkes in New Bern at four o'clock this afternoon, in conjunction with such of your Honors as you shall think fit to appoint.

Rd CASWELL, Speaker.
By order
J. Green, Clk.

In the Assembly 23d January 1771.

Gentlemen of His Majestys Honble Council,

In answer to your message of this day respecting the explanatory Bill relative to clerks fees, We agree to the proposal you make to insert the clause when a Commission is directed to take the examination of a feme Covert the words “or witnesses in any cause depending

-------------------- page 374 --------------------
in a Superior Court,” And send Mr Johnston and Mr Macknight to see the same inserted accordingly; the other amendments you propose we cannot agree to.

Rd CASWELL, Speaker.
By order
J. Green, Clk.

In the Assembly 22d January 1771.

Then the words agreed to were inserted in the Bill in the presence of the members sent for that purpose and the Bill was passed the third time. Ordered to be engrossed.

On motion ordered the following message be sent to the Assembly, Vizt,

Mr. Speaker and Gentlemen of the Assembly

In answer to your message relative to the burning of the money paid by the Treasurers to the Committee of Accounts on the sinking fund, We have appointed a Committee of the whole House to join yours to see the same done at the place and time appointed by you.

By order
J. B., Clk.

In the upper House 23d January 1771.

Received from the Assembly the following Message Vizt,

Gentlemen of His Majestys Honble Council,

In answer to your message of this day relative to] the “Bill for regulating the issuing of marriage licenses” this House cannot agree to dele the clause you mention and hope your Honros will pass the Bill as it went from us.

Rd CASWELL, Speaker.
By order
J. Green, Clk.

In the Assembly 22d January 1771.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning January 24th 1771.

The House met according to adjournment.

Received from the Assembly the following resolve, vizt,

Resolved, That John Letteral be allowed the sum of ten pounds for acting as Clerk to the Committee of propositions and grievances; And Thomas Sitgreaves the sum of twelve pounds for a room, fire

-------------------- page 375 --------------------
and candles for the said Committee, to be paid by the Treasurers or one of them out of the contingent fund.

Rd CASWELL Speaker.
By order
J. Green Clk.

In the upper House 24th January 1771, Concurred with.
J. HASELL, P.
By order
J. B. Clk.

The following Messages were ordered to be sent to the Assembly,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for the more easy and certain and easy collection of His Majestys Quit Rents in this Province, We observe you have inserted in page 3 these words “Or shall not pay down in Court all arrears of Quit Rents and all costs accrued thereon,” which in our opinion defeats the intent of the Bill and therefore propose to dele them. We would further propose that the Receiver General shall be obliged to appoint a Receiver to attend in each County for the receipt of quit rents. If you agree thereto please send two of your members to see the alteration made.


In the upper House 24th January 1771.
By order
J. B. Clk.

Mr. Speaker and Gentlemen of the Assembly,

We hope you will reconsider your Message on the Bill for regulating the issuing of marriage license and dele the last clause, it being foreign to the subject matter of the Bill. If you agree thereto please send two of your members to see it done.


In the upper House 24th January 1771.
By order
J. B. Clk.

Mr. Speaker and Gentlemen of the Assembly,

Upon reading a third time the Bill for granting a salary to the Chief Justice this House are of opinion not to recede from their amendment for allowing six hundred pounds per year and fifty pounds a Court; and therefore hope your House will concur with them, as the difference in the two sums, tho' material to the Chief Justice, is not an object considerable enough to the public to prevent the passing so beneficial a Law.

-------------------- page 376 --------------------

This House do further propose to dele the temporary clause because they can see no justice in substituting for a perpetual allowance which is now annexed to the office by the fee Bill of 1648 and tho' it be granted that the Chief Justice should at the expiration of three years have recourse to the fee Bill, yet he will then be under the same disadvantage as when he first came into the Province—that is it will be 12 or 18 months before he can receive any reward for his services. If you agree to these amendments please send two of your members to see the same made.


In the upper House 24th January 1771.
By order
J. B. Clk.

A Bill to alter the method of working on the roads in the Counties therein mentioned. On motion read the third time and passed. Ordered to be engrossed.

A Bill for ascertaining the boundary Line between the County of Rowan and the Counties of Mecklenburg and Tryon and for appointing Commissioners to run the same. Read the third time and passed. Ordered to be engrossed.

The following Message was sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly,

On reading a third time an Additional Bill to an Act Intitled an Act to regulate Elections &ca in the clause relative to New Bern, We observe you have steted the following words deled by us Vizt or such part of a Lot adjoining the Rivers Neuse or Trent which hath twenty feet front on some one of the streets in the said Town and propose to have it deled to which if you agree please to send some of your Members to see it done.


24th January.
By order
J. B. Clk.

Received from the Assembly the following Message Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to the Bill before you, for granting a salary to the Chief Justice, We concur with you in allowing six hundred pounds p. annum and fifty pounds p. Court and send Mr Fanning and Mr Benj. Person two of our Members to see the same made.

-------------------- page 377 --------------------

This House do not consent to dele the temporary clause yet are very sensible of the loss the Chief Justice may sustain in receipt of fees for a considerable time should the Chief Justice's Salary at the expiration of the time for which the Bill is found be discontinued, and be obliged to revert to the fee Bill passed in 1748, But this House are of opinion that the salary will hereafter be continued; should the contrary happen, We doubt not but a suitable compensation will be made to prevent an injury by the temporary suspension proposed by the Bill before your Honors; with which confidence in the Justice of future Assemblys We are hopeful that the Bill will pass as being an exceeding elegible temporary expedient to remove the prevailing prejudices of the Inhabitants of this Colony against taxing of Fees on suits.

Rd CASWELL, Speaker.
By order
J. Green, Clk.

In the Assembly 24th January 1771.

Then the said alteration agreed to was made in the Bill in presence of the Members sent for that purpose, and the Bill was read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 25th January 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Message Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day regarding an additional Bill to an Act Intitled an Act to regulate Elections &ca This House agree to dele the words by you proposed and send Mr Jacob Blount and Mr Christo Neale to see the same done.

Rd CASWELL, Speaker.
By order
J. Green, Clk.

In the Assembly 24th January 1771.

Then the alteration agreed to was made in presence of the Members sent for that purpose and the Bill was read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following Resolve vizt

-------------------- page 378 --------------------

In the Assembly 24th January 1771

Resolved, That Hugh Beaty be allowed fifteen pounds and David Brown one pound five shillings, out of the sinking fund, it being made appear to this House that the said Beaty and Brown lost proclamation money to that amount by fire which was entirely destroyed and that the Treasurers or one of them pay the same and be allowed in their Accounts with the Public.

R. CASWELL, Speaker.
By order
J. Green, Clk.

In the upper House 25th January 1771. Concured with
J. HASELL, P.
By order
J. Burgwin, Clk.

Received from His Excellency the Governor the following message, Vizt,

Gentlemen of His Majestys Honble Council,

I send you herewith an extract of a letter from Sir William Johnston to His Majestys Secretary of State and also an extract of a conference held by Sir William Johnston with the six nations of Indians, their Allies and Confederates at the German flats last July—These will fully inform you of the complaints made by the Indians of the abuses and violences committed by the Traders and Frontier Inhabitants of some of His Majestys American Colonies, and will likewise point out to you how earnest the Indians have been in those Complaints and what is likely to happen if they are not redressed; In consequence of which I have it in command from the King to represent this matter in the strongest manner to your consideration; I therefore earnestly request you will fall on some means of putting Indian Affairs especially on the borders of this Province under such Regulations as may have the effect to prevent those abuses of the Trade and those violences and encroachments of the Frontier Inhabitants which is so much complained of by the Indians.

Wm. TRYON.

Newbern 25th January 1771.

Received from the Assembly a Bill for securing and preserving the Titles of the Freeholders in this province. On motion read the first time and passed.

-------------------- page 379 --------------------

Received from the Assembly a Bill for dividing the Northern part of Rowan County and erecting a new County and Parish by the name of Surry County and St Judes Parish. On motion read the first time and passed.

Received from the Assembly a Bill for securing and preserving the Titles of the Freeholders in this Province. Read the second time and passed.

Received from the Assembly the following Resolve, Vizt,


In the Assembly 25th January 1771.

John Burgwin Esquire having in pursuance of a Resolve of last Session of the Assembly of this Colony at a great expence and trouble in sending of Express to different parts of this Government and collecting of a compleat list of Taxables from the several Counties of this Province down to the present time and other papers, public transcripts and vouchers specifying the delinquent sheriffs and their securities and other public collectors and defaulters of unaccounted monies, and with unwearied application, great skill and much accuracy and exactness exhibited to this House a methodical regular and plain state of the Public Accounts of this Province so far as relates to the collection of Taxes in the Southern District, and the duty on spirituous liquors imported into the several Ports within this Province and he having engaged to go to Halifax and to continue his pursuit in making a similar state of the Taxes collected on which ought to have been collected by the several Sheriffs of the respective Counties in the Northern District and to have the same published under his particular direction and inspection, and copies thereof transmitted to the different Counties in this Province.

Resolved, that for such the said John Burgwin's great trouble and expences and singular services thereby rendered the public, He be allowed out of the Public Treasury of this Province three hundred pounds.

Resolved, that all real future necessary expences that may be incurred in printing and publishing six hundred copies of the state of the public accounts and the different Funds shall be allowed to him as a Claim on the Public.

R. CASWELL, Speaker.
By order
J. Green, Clk.

In the upper House 25th January 1771. Concurred with
J. HASELL, P.
By order
J. Burgwin, Clk.
-------------------- page 380 --------------------

Received from the Assembly by Mr Knox and Mr Lock the following Bills, Vizt,

A Bill to regulate the issuing of Marriage Licences. On motion read the first time and passed.

A Bill for dividing the northern part of Rowan County &ca. Read the second time and passed.

A Bill for authorizing Presbyterian Ministers to solemnize the rites of matrimony &ca. Read the first time and passed.

A Bill for securing and preserving the titles of the freeholders in this Province. Read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following Bills, Vizt,

A Bill to regulate the issuing of Marriage Licences. Read the second time and passed.

A Bill to authorize Presbyterian Ministers to solemnize the rites of matrimony. Read the second time and passed.

A Bill for dividing the northern part of Rowan County and erecting a new County and Parish by the name of Surry County and St Johns Parish. Read the second time and passed.

A Bill for securing and preserving the titles of the Freeholders in this Province. Read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following Bills, Vizt,

A Bill to regulate the issuing of Marriage Licences. Read the second time and passed.

A Bill to authorize Presbyterian Ministers to solemnize the rites of matrimony. Read the second time and passed.

A Bill for dividing the northern part of Rowan County and erecting a new County and Parish by the name of Surry County and St Judes Parish. Read the third time and passed. Ordered to be engrossed.

Received from the Assembly, A Bill for authorizing Presbyterian Ministers regularly called to any congregation within this Province &ca. Read the third time and passed. Ordered to be engrossed.

A Bill to regulate the issuing of Marriage Licences. Read the third time and passed. Ordered to be engrossed.

-------------------- page 381 --------------------

Then on motion His Excellencys Message relative to the Indian Affairs was taken under consideration, and ordered that the following Answer be sent to His Excellency, Vizt,

To His Excellency William Tryon Esquire, Captain General, Governor &ca,

Sir,

We have received your Excellencys Message of this day accompanied with an extract of a letter from Sir Wm Johnston ot His Majestys Secretary of State and also an extract of a Conference held by Sir Wm Johnston with the Six Nations of the Indians at the German flats in July last, by which we are informed of abuses and violences committed upon the Indians by the Traders and Frontier Inhabitants of some of His Majestys American Colonies—We have no doubt but that the complaints of the Indians are well founded, tho' we have not yet heard that the Traders and Frontier Inhabitants of this Province in particular are involved in the said complaints of the Indians, nevertheless to prevent the mischiefs pointed out by your Excellency, and to answer His Majestys expectations in every thing that may fall within our power, We assure your Excellency that we will concur in any measure that may be adopted to give satisfaction to the Indians in the subject matter contained in your Excellencys Message.

J. HASELL, P.

In the upper House 25th January 1771.
By order
J. B., Clk.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning January 26th 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Hewes and Mr Macknight the Report of the Committee of Accounts agreed to by the Assembly, Read and concurred with 26th January 1771.

J. HASELL, P.

Received from the Assembly by Mr Person and Mr Polk the estimate of the Assembly, which was on Motion read and concurred with.

Read the estimate of this House, approved of and sent to the Assembly for concurrence.

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Sent to the Assembly the Reports of the Committees of Accounts and claims concurred with and,

Received from the Assembly the estimate of this House Concurred with.

Received from the Assembly the following Resolves

In the Assembly 26th January 1771.

Resolved that Robt Howe Esqr be allowed the sum of eight pounds for a negro man, condemned and executed for murder and appraised according to Law,

Rd CASWELL, Speaker.

In the upper House 26th January 1771. Concurred with
J. HASELL, P.

In the Assembly 26th January 1771.

Resolved that Mr Griffeth Rutherford be allowed the sum of six pounds five shillings and six pence being in lieu of so much paid into the Committee of Accounts through mistake and burnt by them to be paid out of the sinking fund.

R. CASWELL, Speaker.
By order
Jas. Green, Clk.

In the upper House 26th January 1771. Concurred with
J. HASELL, P.
By order
J. B., Clk.

Recd from His Excellency the Governor the following Message, Vizt,

Gentlemen of His Majestys Honble Council,

I send you His Majesty's most Gracious Speech to both Houses of Parliament on the 13th of Nov. last; you will collect from the tenor and firmness of this Speech that the issue of the apprehensions of a War are doubtful. However by my public dispatches received since the opening of this Session, I am assured there is good ground to hope the event will correspond with His Majesty's uniform wishes to preserve the public tranquility, but lest the contrary should be the case, You cannot be too early in your consideration of what may be necessary for the protection and defence of this Province.

On the part of the Crown I am assured that the British possessions in America will be a principal object of His Majesty's care and attention.

Wm. TRYON.

26th Jany 1771.
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Then the same was read and considered and ordered that the following message be sent to His Excellency, Vizt,

To His Excellency William Tryon, Esquire, Captain, General, Governor, &ca,

Sir,

We return your Excellency our hearty thanks for communicating to us His Majestys most Gracious Speech to both Houses of Parliament. We with concern observe that the apprehensions of a War are not yet subsided, And shall most heartily concur with every measure for the protection and defence of this Province and with gratitude acknowledge His Majesty's Paternal care and attention for His American Colonies.

By order
J. B., Clk.

In the upper House 26th Jany 1771.

Then His Excellency the Governor was pleased to command the immediate attendance of the upper and lower House of Assembly in the Council Chamber when they accordingly attended, and the Speaker presented to His Excellency for his Assent the following Acts, Vizt,

17. An Act granting a Salary to the Chief Justice.

18. An Additional and explanatory Act to an Act Intitled an Act for regulating Several Officers fees within this Province and ascertaining the method of paying the same.

19.> An Act to ascertain Attornies fees.

20. An Act for the more speedy recovery of all debts and demands under five pounds proclamation money,

21. An additional Act to an Act Intitled an Act for defraying the contingent charges of government.

22. An Act indemnifying the several Sheriffs who have not collected the 3s. Tax on the sinking fund, &ca.

23. An Act to direct Sheriffs in levying Executions and in the disposal of lands, goods and chattels taken thereon.

24. An Act to encourage and support the establishment of a Post Office.

25. An Act to amend and continue an Act for facilitating the navigation of Port Bath &ca.

26. An Act for the more advantageous and easy manner of obtaining partitions of lands in coparcenary, joint tenancy, and tenancy in common.

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27. An Act for securing and preserving the Titles of Freeholders in this Province.

28. An Act to regulate the issuing of Marriage Licences.

29. An Act for authorizing Presbyterian Ministers to solemnize the rites of Matrimony.

30. An Act to enlarge the time for several Sheriffs to settle their Accounts with the Justices of the Inferior Courts of the Counties therein named.

31. An Act for further continuing an Act for the restraint of Vagrants.

32. An Act to prevent card playing and other deceitful gaming.

33. An Act for establishing Guilford County and Unity Parish.

34. An Act for establishing Chatham County and St Bartholomew Parish.

35. An Act for erecting Surry County and St Judes Parish.

36. An Act for ascertaining the boundary line between the County of Rowan and the Counties of Mecklenburg and Tryon.

37. An Act to amend an Act Intitled an Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of public roads, &c.

38. An Act for altering the method of working on the roads in Brunswick and Bladen Counties.

39. An Act for the better settling, regulating and improving the Town of Beaufort &ca.

40. An Act for vesting the School House in Edenton in Trustees &ca.

41. An Act for obtaining a true and distinct list of taxables in the Town of New Bern &ca.

42. An Act for appointing commissioners for building a gaol in New Bern.

43. An Act to prevent the unreasonable destruction of Fish in the Rivers of Roanoke and Dan and other water courses therein mentioned.

44. An Act for appointing William Moore to collect the Taxes for Tryon County for the year 1768.

To which Acts His Excellency was pleased to give his assent and the same were accordingly ratified in General Assembly at which time the following Bills were rejected vizt,

Then His Excellency was pleased to prorogue this Assembly by proclamation until the —— day of —— next.