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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
January 25, 1773 - March 06, 1773
Volume 09, Pages 376-447

[From MS. Records in Office of Secretary of State.]
LEGISLATIVE JOURNALS.
North Carolina—

At an Assembly begun and held at New Bern the twenty fifth day of January in the Thirteenth year of His Majesty's Reign and in the year of our Lord one thousand seven hundred and seventy three, being the first session of this Assembly.

In the Upper House.
Present.
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble Alex. McCulloch Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

His Excellency the Governor was pleased to command the immediate attendance of the Members of the upper and lower House of Assembly in the Council Chamber where they accordingly attended, and thereupon His Excellency made to both Houses the following Speech—Vizt,

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

Gentlemen of His Majestys Honble Council, Mr Speaker and Gentlemen of the House of Assembly,

I have chosen to meet you in General Assembly at this time of the year not only in regard to the common convenience of the members of the Legislature but in assurance that as it is the season of most perfect leisure your minds will be entirely disengaged and disposed to enter upon the public business with all that calm fixed and deliberate attention which the momentous concerns of your Country seem now peculiarly to demand.

It is with great satisfaction that I inform you I have received His Majesty's Commands to propose at this Session the passing an Act of Pardon and Oblivion towards the people concerned in the late insurrection with such exceptions as shall be reasonable and proper, and I trust that in return for the confidence our most gracious Sovereign is pleased hereby to repose in your prudence and discernment; and considering how much you thus become Arbiters of your Country's peace you will frame with the strictest regard to the public safety this Law, the effect whereof must be suspended for the Royal pleasure, this I would recommend to be the first object of your consideration: and I hope it will be the last Act necessary to extinguish the remembrance of the causes and consequences of the late unhappy Convulsions of this country.

But when I reflect on the distractions that have so deeply wounded the fame of this Colony; when I consider how defenceless it is, and how much still exposed to such calamity; when I am proposing to you from His Majesty, means to heal the late dissentions my anxious concern for the honor and welfare of this Province naturally leads me to hope, and my confidence in your zeal for its Glory and Repose, assure me; that while by such an Act as I have recommended you are dispensing Justice and Mercy to offenders against the public peace you will think it becoming the superintending care of the Legislature to provide by a permanent and effectual Law for its future security, the expediency of such a measure I will not dwell upon, it hath been fully and too fatally evinced. The recent misfortunes of this Province but too painfully declare it. Great Britain, our Mother Country hath long experienced the most salutary effects of such a Law and it will be the sure Palladium of the Internal peace and Quiet of this Country.

The expiration of many fundamental Laws at this time, will furnish you with much business for the ensuing Session. Of all the

-------------------- page 378 --------------------
various and important Objects that will offer themselves to your consideration there appears to me none of greater consequence than the laws for the constitution of the Superior and Inferior Courts, the Channels by which we derive from our Sovereign that distributive Justice so essential to the security of Liberty and Prosperity, and that is so eminently the Blessing of British Subjects: I have no doubt therefore that they will engage your particular attention, And as it is no less my desire than my duty to promote the reputation of this Colony, I think myself bound to recommend to you to frame the Laws relating to those Institutions upon the most liberal principles of Equity to make them permanent, and to provide by them in the most ample and honerable manner for the support of the Judges. By these means Gentlemen you will essentially raise the credit of your Country, give dignity and stability to its Courts of Judicature and obviate those great inconveniences and disadvantages that are incident to every state whose fundamental constitutions are unsettled, changable and uncertain.

The Law for the Government of the Public Treasury will make another object of your deliberations and is second to none in point of importance—the perplexity and disorder of the finances of this Country are unhappily matter of notoriety and complaint, and as the just economy of public money is one of the first principals of Political happiness it is my duty to exhort you in the most earnest manner to take this matter into your serious consideration to give the Public the fullest illustration of the present state of the funds and to make an exact and strict application of them, and more particularly of those that have been created for sinking the paper currency, that the Public faith may be inviolably preserved. The admirable method and arrangements which have taken place in the Treasury of the neighbouring province of Virginia have established the Public Credit of that Colony upon the firmest basis, to the immortal honor of its Legislature and as the greatest States have not thought it unworthy of them to borrow improvement from their neighbours so I hope Gentlemen you will not think it derogatory to your Wisdom that I hold up this example to your imitation especially as I can from my heart assure you I do it upon no other principle than ardent desire to see the Public Credit of this country upon such a respectable footing as may invigorate its property to the emulation of the happiest and most flourishing of its sister Colonies.

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

The Law for the appointment of Sheriffs will also deserve your maturest consideration, the manifold and important duties of those officers in the Province as Ministers of the Law and Receivers of the Public Revenue involve almost every relation to the honor and happiness of this community—And as the deficiency of the funds of this Country as well as the disorders that lately prevailed in it are ascribed in great part to their malversation, I hope I need not urge to you the propriety of taking effectual measures to prevent for the future the evils that have originated in their mismanagement or corruption.

I congratulate you Gentlemen most sincerely on the disposition to peace and good order that I observe with the truest pleasure among the inhabitants of the interior country in the tour I made through it last Summer, I cherished the happy propensity by every incouragement in my power then much extended by the authority of His Majesty that made me the glad and humble Instrument to display many most gracious Acts of His Royal clemency, but it is only by the wholesome provisions and regulations of the Legislature that I can hope for the delightful satisfaction of seeing the tranquility of this Colony fully restored and permanently secured. Some abuses I fear yet prevail, and they will deserve your reforming care. One principal source of them seems to be the issuing writs indiscriminately in all cases upon the simple application of parties, and holding persons to Bail without the common Sanction of affidavits; to remedy which I would recommend to your attention the practice of Great Britain a natural and great Example to which we may look with advantage on this and many other occasions.

Mr Speaker and Gentlemen of the House of Assembly, I am to recommend to your care and support the establishment of Fort Johnston so necessary for the protection of one of the principal Ports of Trade in this Province. I shall order the return of the stores to be laid before you by which you will see the present exhausted state of the magazine and I hope you will enable me to furnish it immediately with such supplies as may be requisite to keep the place in a defensible condition.

Gentlemen of His Majesty's Honourable Council, Mr Speaker and Gentlemen of the House of Assembly, Nothing will give me greater satisfaction than to see the business of the Session conducted with unanimity and dispatch, I shall be desirous always to give it every

-------------------- page 380 --------------------
facility in my power and as on the one hand I trust you will propose to me nothing inconsistant with my duty, so on the other I can assure you of my ready concurrence in all measures that may tend to promote the true interest honor and happiness of this Colony in which, I have the honor to fill my present Station, I shall consider my own to be inseperably Involved.

JO. MARTIN.

New Bern 25th January 1773.

Mr John Hawks produced his commission appointing him Clerk of the upper House, who took the Oath prescribed by Law for his qualification, and subscribed the test.

Then the House proceeded to the choice of waiters to attend on this House and Edward Sals was chosen and appointed Mace bearer, and George Raye Serjeant at Arms who gave their attendance accordingly

On motion Ordered that His Excellency's Speech be read. The same was read and taken under consideration and thereupon Ordered that the Honorable Lewis DeRosset and Martin Howard Esqrs, be and accordingly are appointed a Committee of this House to draw up and prepare an address in answer to His Excellency's Speech.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 26th January 1773.

The House met according to adjournment.

Present.
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble Alexander McCulloch Esquire
The Honble Samuel Strudwick Esquire
and
The Honble Samuel Cornell Esquire

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 27th January 1773.

The House met according to adjournment.

Present.
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble Alexander McCulloch Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Colo Howe and Mr Hooper the following Message Viz—

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

Gentlemen of His Majesty's Honble Council.

This House have appointed Mr Harnett, Mr Allen Jones, Mr Simpson, Mr Macknight, Mr Thompson, Mr Stewart, Mr Coor, Mr Locke, Mr Thomas Person, Mr Williamson, Mr Lane, Mr Starkey and Mr Sawyer a Committee on the Public Accounts.

And Mr Caswell, Mr Hunter, Mr Neale, Mr Martin, Mr Rutherford, Mr William Bryan, Mr Roger Ormond, Mr Kimbrough, Mr Phifer, Mr Brooks, Mr Jarvis, Mr Gray, Mr Shepard, Mr Alston and Mr Thomas Robinson a Committee of this House to settle and allow Public Claims in conjunction with such of your Honors as you shall think fit to appoint.

JOHN HARVEY Speaker

In the Assembly 26th Jany 1773.
By order
James Green Clk.

The Committee appointed to draw up and prepare an address in answer to his Excellency's Speech Reported that they had prepared the same, which was read and approved of, and thereupon Resolved it stand the Address of this House and be entered in the Journals thereof as follows vizt.

To his Excellency Josiah Martin Esquire Governor and Commander in Chief of the Province of North Carolina.

May it please your Excellency,

We the Members of his Majestys Council return our thanks to your Excellency for your Speech to both Houses of Assembly.

The Instructions which your Excellency has received from his Majesty to propose at this Session the passing an Act of Pardon in favour of the late Insurgents we acknowledge as an Instance of his great goodness and clemency and We are persuaded that it will be attended with Salutary Effects. By removing the apprehension of punishment from those who have incurred the Censure of the Law, their confidence in, and attachment to Government will be renewed, and by this means many useful members may be again restored to the community. We shall therefore most readily concur in any well digested Law that may correspond with his Majestys pleasure to bury in oblivion all that is past, with such exceptions as shall be reasonable and proper, and at the same time we will join our endeavors towards effecting some wise provision for procuring the safety of the Public peace in time to come.

-------------------- page 382 --------------------

We observe with great satisfaction your Excellencys sollicitude and concern for the honor and interest of this Province in the several weighty matters to which you have called up our attention.

A permanent establishment of the Courts of Justice, is, and ought to be the first care of every prudent Government, and let whatever mode or institution be proposed for that purpose, at this time, We, for our parts will strive to direct our Councils to the true interest of the Public. In like manner we hope to approve ourselves as the faithful servants of his Majesty and his people in this Province by a diligent and upright regard to the several other important objects which your Excellency has with so much care pointed out for our deliberation.

In grateful return for which we offer to your Excellency our best endeavors to assist you in promoting the true happiness of this Colony.


In the upper House 27th Jany 1773.
By order
RIGDON BRICE pro Clk.

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

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committees this House have appointed the Honorable John Rutherford, Alexander McCulloch, William Dry, Samuel Strudwick and Samuel Cornell Esquires a Committee of this House to examine, state and settle the Public Accounts—And the Honorable Lewis DeRosset, John Sampson and Martin Howard Esquires a Committee of this House to settle and allow the Public Claims.


In the upper House 27th Jany 1773.
By order
RIGDON BRICE pro Clk.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 28th January 1773.

The House met according to adjournment.

Present.
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble Alexander McCulloch Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire &
The Honble Samuel Cornell Esquire

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 383 --------------------

Friday Morning 29th January 1773.

The House met according to adjournment

Present.
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble Alexander McCulloch Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Strudwick Esquire

Received from the Assembly by Mr Shepard and Mr Neale the following Message Vizt

Gentlemen of His Majestys Honble Council,

This House have Resolved that the Treasurers or either of them furnish the Mace bearers and door keepers of the Council and the House with decent Gowns immediately and be allowed in their Accounts with the Public. A copy of which we herewith send your Honors and desire your Concurrence thereto

JOHN HARVEY, Speaker

In the Assembly 27th Jany 1773.
By order
James Green Clk.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 30th January 1773.

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Lanier and Mr Hampton

A Bill for annexing the North part of Rowan to the County of Surry, and the further establishment and erecting the Parish of Dobbs into a separate and distinct Parish.

On motion the same was read and passed.

Received from the Assembly by Mr Stewart and Mr Spruil

A Bill for erecting part of the Counties of Halifax and Tyrrell into one distinct County and Parish and for other purposes therein mentioned.

On motion, read the first time and passed.

On motion Ordered the Message received from the Assembly with their Resolve that the Treasurers furnish the Mace bearer and door

-------------------- page 384 --------------------
keepers of both Houses with decent gowns, be read. The same was read and concurred with.

Received from the Assembly by Mr Rutherford and Mr Phifer, A Bill to prevent the Crime of horse stealing, and A Bill for Establishing the Western part of Rowan County into a separate and distinct County and Parish by the name of —— County and —— Parish.

On motion Ordered the Bill to prevent the crime of horse stealing be read. The same was read the first time and passed.

On motion Ordered the Bill for Establishing the Westward part of Rowan County into a separate and distinct County and Parish be read. The same was read the first time and passed.

Received from the Assembly by Mr Locke and Mr Davidson—

A Bill for establishing a Public seminary of learning in the Western part of this Province.

On motion the same was read the first time and passed.

Then the House adjounred till 10 oClock on Monday Morning.


Monday Morning 1st February 1773.

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire &
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Person and Mr Hunter

A Bill for keeping the Lords day commonly called Sunday and for the more effectual suppression of vice and immorality—

On motion read the first time and passed.

Received from the Assembly by Mr Davidson and Mr Ormond

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.

Received from the Assembly by Mr Davidson and Mr Ormond

A Bill for annexing of a part of Carteret to Onslow County—

On motion read the first time and passed.

Received from the Assembly by Mr Neale and Mr Shepard

A Bill for erecting a Public gaol and gaolers House in the Town of Wilmington for the district of Wilmington—

On motion read the first time and passed.

-------------------- page 385 --------------------

And a Bill for the relief of Persons who have, or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law.

On motion read the first time and passed.

Then the President attended by the House waited on His Excellency the Governor and presented to him their Address, to which His Excellency was pleased to return the following answer.

Gentlemen of His Majesty's Honorable Council,

I return my sincere thanks for this Address.

Your concurrence in the expediency of the several measures I have recommended to the consideration of the General Assembly assure me of their propriety and importance, and the part which your House have always taken in the Legislative business of this Country give me confidence to expect everything from you that may be consistent with your duty to his Majesty and a liberal regard to the honor and true interest of this Colony.

Nothing can be more acceptable to me than your offers of Assistance to promote the happiness of this Province. Aided by your Council, I shall hope Gentlemen, that my zealous endeavours in the service of my Royal Master, and for the Honor and Welfare of this Colony, will deserve success.

JO. MARTIN.

New Bern February 1st 1773.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 2d February 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis DeRosset Esqr
The Honble John Sampson Esqr
The Honble Alexandr McCulloch Esqr
The Honble Samuel Strudwick Esqr
and
The Honble Martin Howard Esqr

Received from the Assembly by Mr Hatch and Mr Gray A Bill to amend an Act for appointing Commissioners to build a Prison, Pillory and Stocks on the lot whereon the Court House now stands in Duplin County. On motion read the first time and passed.

And a Bill of Pardon and oblivion to the persons concerned in the late insurrection except such persons as are therein excepted. On motion read the first time and passed.

-------------------- page 386 --------------------

Received from the Assembly by Mr Davis and Mr McRee A Bill for establishing a Town on the Land of Isaac Jones on the North West branch of Cape Fear River in Bladen County. On motion read the first time and passed.

Received from the Assembly by Mr Thompson and Mr Shepard A Bill to amend An Act Intituled, “An Act for establishing a school house in the Town of New Bern.” On motion read the first time and passed.

And a Bill to restrain the Fishery for a certain Season in each Year, in the several places therein mentioned. On motion read the first time and passed.

Received from the Assembly by Mr Atherton and Mr Evans

A Bill for the more effectual punishment of Counterfeiters of the Public Debenture Bills of Credit of this Colony and Coin.

On motion read the first time and passed.

And a Bill to exonerate John Tagart and Francis Adams late Sheriffs of Tryon County from being chargable with the collection of Taxes taken into South Carolina

On motion read the first time and passed

Received from the Assembly by Mr Kimbrough and Mr Lanier

A Bill for altering the place fixed upon by the Commissioners for building a Court House prison and stocks in the County of Guilford.

On motion read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 3rd February 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis De Rosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Hooper and Mr Caswell the following Bills, Vizt.

A Bill for dividing the Province into several districts and for establishing a Superior Court of Justice in each of the said districts and regulating the proceedings therein.

On motion read the first time and passed

-------------------- page 387 --------------------

A Bill for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

On motion read the first time and passed.

A Bill for directing the method of appointing Jurors in all causes civil and criminal.

On motion read the first time and passed.

And a Bill directing the Boundary line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

On motion read the first time and passed.

Received from the Assembly by Colo Martin and Mr. Jarvis,

A Bill to dissolve the Vestry of Unity Parish in Guilford County and repeal An Act therein mentioned.

On motion read the first time and passed.

Received from the Assembly by Mr Starkey and Mr Hunter

A Bill to amend an Act Intitled An Act to prevent the exportation of unmerchantable commodities.

On motion read the first time and passed.

Received from the Assembly by Colo Gray and Mr Kenan,

A Bill to amend an Act for appointing Commissioners to build a prison pillory and stocks on the lot whereon the Court House now stands in Duplin County.

On motion read the second time amended and passed.

Received from the Assembly by Mr McRee and Mr McAllister.

A Bill for preventing the frequent abuses in taking up and secreting of stray horses in the Counties therein mentioned.

On motion read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 4th February 1773.

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 5th February 1773.

The House met according to Adjournment

Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble John Sampson Esqr
The Honble Alexandr McCulloch Esqr
The Honble William Dry Esqr
The Honble Samuel Strudwick Esqr
The Honble Martin Howard Esqr
The Honble Samuel Cornell Esqr
-------------------- page 388 --------------------

Received from the Assembly by Mr Martin and Mr Kimbrough

A Bill to dissolve the Vestry of Unity Parish in Guilford County and repeal an Act therein mentioned.

Received from the Assembly by Mr Jarvis and Mr Williamson.

A Bill to amend an Act intitled “An Act for the better observation and keeping the Lords day commonly called Sunday and for the more effectual suppression of vice and immorality.”

On motion read the second time and rejected

And a Bill to continue an Act Intitled “An Act to direct Sheriffs in levying executions and the disposal of lands, goods and chattles taken thereon”

On motion read the first time and passed

Received from the Assembly by Mr Neale and Mr Hatch

A Bill to amend An Act intitled, “An Act for establishing a School House in the Town of New Bern.”

On motion read the second time and passed

And A Bill to prevent the wilful and malicious killing of Slaves

On motion read the first time and passed.

Received from the Assembly by Mr Hooker and Mr Frazier

A Bill for erecting part of the Counties of Halifax and Tyrrel into one distinct County and Parish, and for other purposes therein mentioned.

Received from the Assembly by Mr Robinson and Mr McRee

A Bill for establishing a Town on the Land of Isaac Jones lying on the North West branch of Cape Fear River in Bladen County

On motion read the second time amended and passed.

Received from the Assembly by Mr Person and Mr Evans.

A Bill to prevent obstructing the passage of Fish in the Rivers and Creeks therein mentioned

On motion read the first time and passed

Received from the Assembly by Mr Starkey and Mr Hunter,

A Bill for erecting a public gaol and gaolers House in the Town of Wilmington for the district of Wilmington.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 6th February 1773.

The House met according to adjournment

-------------------- page 389 --------------------
Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire

Received from the Assembly by Mr Lanier and Mr. Kimbrough

A Bill to amend An Act for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County.

On motion read the third time and passed

Ordered to be engrossed.

And A Bill for annexing the North part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct Parish.

Received from the Assembly by Mr Davidson and Mr Rutherford

A Bill to exonerate John Tagart and Francis Adams, late Sheriffs of Tryon County from being chargable with the collection of taxes taken into South Carolina

On motion read the second time and passed

Received from the Assembly by Mr Person and Mr Lewis the following Bills, vizt.

A Bill to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned.

On motion read the first time and passed

A Bill for the relief of insolvent Debtors with respect to the imprisonment of their persons.

On motion read the first time and passed.

And a Bill to encourage the destroying vermin in the several Counties therein mentioned

On motion read the first time and passed

The House adjourned till 10 oClock on Monday Morning.


Monday Morning 8th February 1773.

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis De Rosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr W Person and Mr Hatch

-------------------- page 390 --------------------

A Bill to exonerate John Tagart and Francis Adams late Sheriffs of Tryon County from being chargeable with the collection of Taxes taken into South Carolina.

On motion read the third time and passed.

Ordered to be engrossed.

And a Bill for the more effectual punishment of Counterfeiters of the Public Debenture Bills of Credit of this Colony and Coin.

On motion the Bill for erecting a public gaol and gaolers House in the Town of Wilmington for the District of Wilmington was read the second time and passed.

Received from the Assembly by Mr Martin and Mr McNair

A Bill for the relief of persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law.

On motion read the second time and passed.

Received from the Assembly by Mr Neale and Mr Shepard

A Bill to regulate the attendance of the minister of Christ Church Parish at the Parish Church in the Town of New Bern and at the several Chapels within the said Parish.

On motion read the first time and passed.

Received from the Assembly by Mr Macknight and Mr Kenan the following Message and Resolve, Vizt

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House directing the Treasurers to pay immediately to the Honble Samuel Cornell the sum of Eight thousand one hundred and two pounds ten shillings proclamation money for the principal, together with the interest on the sterling money &ca and desire your Honors Concurrence thereto.

JOHN HARVEY, Speaker

In the Assembly 8th Feby 1773.
By order
James Green Jr Clk.

Whereas the sum of seven thousand seven hundred and sixteen pounds thirteen shillings and four pence proclamation money was borrowed from the Honble Samuel Cornell Esquire bearing an Interest of eight per cent in consequence of an Act of Assembly for building the edifice and warrants given by the Governor on the Treasury for four thousand six hundred and thirty pounds sterling, Exchange being then settled at one hundred and sixty six pounds thirteen

-------------------- page 391 --------------------
shillings and four pence proclamation money for one hundred pounds sterling.

Resolved that the Public Treasurers be directed to pay immediately to the said Samuel Cornell the sum of eight thousand one hundred and two pounds ten shillings proclamation money for the principal together with the Interest due on the sterling money, exchange being now rated at one hundred and seventy five pounds proclamation money for one hundred pounds sterling

JOHN HARVEY Speaker

In the Assembly 8th Feby 1773. By order
James Green Jr Clk.

In the upper House 8th Feby 1773. Concurred with.
JAs HASELL, P. C.

Received from the Assembly by Mr Person and Mr Ward

A Bill to prevent burning the Woods at unseasonable times of the year in the several Counties therein mentioned

On motion read the second time and passed.

Received from the Assembly by Mr McRee and Mr Robeson

A Bill for establishing a Town on the Land of Isaac Jones lying on the North West branch of Cape Fear River in Bladen County.

On motion read the third time and passed. Ordered to be engrossed.

The House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 9th February 1773.

The House met according to adjournment.

Present.
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis De Rosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexander McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Alston and Mr Gray, the following Message and Resolve Vizt

Gentlemen of His Majestys Honble Council.

We herewith send you a Resolve of this House for allowing James Ransom junr who was by this House appointed Sergeant at Arms, the sum of ten pounds for his own and four others, their expence

-------------------- page 392 --------------------
and trouble in endeavouring to apprehend Philip Alston who was suspected of counterfeiting the Debenture Bills of this Province, and desire your Honors concurrence thereto.

JOHN HARVEY Speaker.

In the Assembly 8th Feby 1773.
By order
James Green Junr Clk.

Resolved that James Ransom junior who was by this House appointed Sergeant at Arms be allowed the sum of ten pounds for his own and four others, their expences and trouble in endeavouring to apprehend Philip Alston gunsmith who was suspected of counterfeiting the Debenture Bills of this Province, and that the Treasurers or either of them pay the same and be allowed in their accounts with the Public.

JOHN HARVEY Speaker.
By order
James Green Junr Clk.

In the upper House 9th Feby 1773, Concurred with.
JAS HASELL P. C.

Received from the Assembly by Mr Blackman and Mr Wynn junr.

A bill to prevent making hedges across great Contentnea Creek.

Received from the Assembly by Mr Harvey and Mr Evans,

An additional Bill to an Act intituled an Act for establishing a school house in the Town of New Bern.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Jarvis and Mr Picket,

A Bill to continue an Act intituled an Act to direct Sheriffs in levying executions and the disposal of Lands goods and chattles taken thereon.

On motion read the second time and passed.

Received from the Assembly by Mr Davis and Mr F Campbell,

A Bill for erecting a public gaol and gaolers house in the town of Wilmington for the district of Wilmington.

On motion the Bill for annexing the North part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct Parish was read the second time and passed.

-------------------- page 393 --------------------

On motion The Bill for erecting part of the Counties of Halifax and Tyrell into one distinct County and Parish and for other purposes therein mentioned was read the second time amended and passed.

Received from the Assembly by Mr Kimbrough and Mr Starkey.

A Bill to encourage the destroying of vermin in the several Counties therein mentioned

On motion read the second time and passed.

On motion Ordered the following Message be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly,

On reading the third time the Bill for erecting a public gaol and gaolers house in the Town of Wilmington for the district of Wilmington, We observe that the materials to be used therein are left to the election of the Commissioners, instead of which We propose that they should be confined to build with brick or stone, to which amendment if you agree you will send such of your Members as you think proper to see the same inserted

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 10th February 1773.

The House met according to adjournment

Present
The Honble James Hasell Esq
The Honble John Rutherford Esq
The Honble Lewis DeRosset Esq>
The Honble John Sampson Esq>
The Honble Alexander McCulloch Esq
The Honble William Dry Esq
The Honble Samuel Strudwick Esq
The Honble Martin Howard Esq
and
The Honble Samuel Cornell Esq

Received from the Assembly by Mr B. Harvey and Mr Williams

A Bill directing the Boundary line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

On motion read the second time and passed.

Received from the Assembly by Mr W. Ormond and Mr McCulloch,

A Bill for dividing the Province into several districts and for establishing a Superior Court of Justice in each of the said districts, and for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province; and regulating the proceedings therein—

On motion read the first time amended and passed.

-------------------- page 394 --------------------

On motion, The Bill to dissolve the Vestry of Unity Parish in Guilford County and repeal an Act therein mentioned, Was read the second time amended and passed.

Received from the Assembly by Mr Lane and Mr Neale

A Bill for appointing Public Treasurers and directing their duty in Offices.

On motion, The Bill to prevent making hedges across great Contentnea Creek, was read the first time and passed.

Received from the Assembly by Mr Hewes and Mr Harnett

An additional Bill to an Act for erecting a Court House and Prison for the use of the district of Edenton

On motion read the first time and passed.

Received from the Assembly by Mr Hewes and Mr. Harnett, the following Message, Vizt.

Gentlemen of His Majesty's Council,

In answer to your Message regarding the Bill for erecting a public gaol and gaolers house in the Town of Wilmington,

This House agree to the amendment by you proposed and send Mr Harnett and Mr Hewes to see the same inserted in the Bill

JOHN HARVEY Speaker

In the Assembly 9th Feby, 1773.
By order.
James Green Jr Clk.

The amendment proposed was inserted in the Bill for erecting a public gaol and gaolers house in the Town of Wilmington in presence of the Members sent for that purpose.

Then the said Bill was put, and passed the third time with the amendment Ordered to be engrossed.

The House adjourned till 10 oClock tomorrow morning.


Thursday Morning 11th February 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Respess and Mr R. Ormond,

A Bill for granting a bounty on the exportation of Pot and Pearl Ash

-------------------- page 395 --------------------

On motion read the first time and passed

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 12th February 1773.

The House met according to adjournment.

Present.
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis De Rosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexander McCulloch Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard & Esquire.
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Gray and Mr Lane the following Bills, vizt

A Bill for dividing the province into six several districts and for establishing a Superior Court of Justice in each of the said Districts, and for establishing Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province and regulating the proceedings therein.

A Bill to prevent the wilful and malicious killing of Slaves.

On motion read the second time amended and passed.

A Bill to prevent the crime of horse stealing.

On motion read the second time and passed.

And a Bill to amend an Act to prevent stealing Cattle and hoggs and altering and defacing marks and brands and mismarking and misbranding horses, cattle and hoggs unmarked and unbranded.

On motion read the first time and rejected.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 13th February 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexander McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr W. Ormond and Mr Evans the following Bills Vizt

A Bill to prevent making hedges across great Contentnea Creek.

A Bill for granting a Bounty on the exportation of Pot and Pearl Ash.

On motion read the second time amended & passed.

-------------------- page 396 --------------------

Received from the Assembly by Mr Lanier and Mr Montgomery

A Bill for preventing persons who by devise or otherwise are invested with a life estate in any slave, or slaves or other goods and chattels from doing injury to the person or persons in reversion.

On motion read the first time and passed.

Received from the Assembly by Mr Martin and Mr Kimbrough, the following Bills, Vizt

A Bill to regulate the attendance of the Minister of Christ Church Parish at the Parish Church in the Town of New Bern and at the several Chapels in the said Parish.

On motion read the second time and passed

A Bill to dissolve the Vestry of Unity Parish in Guilford County.

On motion read the third time and passed. Ordered to be engrossed.

A Bill directing the punishment of those persons who shall forge or counterfeit the gold and silver coin circulating in this Province and of those who shall utter the same, or any false or counterfeit debenture Bills in similitude of those emitted in the years 1768 and 1771.

On motion read the first time and passed

Received from the Assembly by Mr Simpson and Mr Thompson.

A Bill for the relief of insolvent debtors with respect to the imprisonment of their persons,

And a Bill for laying out a Public Road from Dann River through the Counties of Guilford, Chatham and Cumberland to Campbelton

Received from the Assembly by Mr White and Mr Brooks

A Bill for the relief of persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Simpson and Mr Thompson

A Bill for allowing a salary to the Speaker of the House of Assembly.

On motion read the first time and passed.

Received from the Assembly by Mr Davison and Mr Rutherford

A Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and other purposes

On motion read the first time and passed.

-------------------- page 397 --------------------

Received from the Assembly by Mr B. Harvey and Mr Williams

A Bill for regulating the Town of Hertford and other purposes.

And a Bill for annexing the North part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct parish

Received from the Assembly by Mr Starkey and Mr Hunter,

A Bill to continue an Act to prevent hunting for and killing deer in the manner therein mentioned.

Received from the Assembly by Mr Alston and Mr McCulloh,

A Bill to amend the staple of tobacco and prevent frauds in His Majesty's Customs

Received from the Assembly by Mr Jarvis and Mr S. Smith

A Bill to continue an Act intituled an Act to direct Sheriffs in levying executions and the disposal of lands, goods and chattles taken thereon.

Received from the Assembly by Mr Person and Mr Ward,

A Bill to encourage the destroying vermin in the several Counties therein mentioned.

Received from the Assembly by Mr Resspess and Mr W. Ormond the following Message and Resolve vizt

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing Elizabeth Strange widow of John Strange whose husband was wounded in the late expedition against the Insurgents and since drowned, the sum of fifteen pounds and desire your Honors Concurrence thereto.

JOHN HARVEY, Speaker.

In the Assembly 13th February 1773.

Resolved that Elizabeth Strange whose husband was wounded in the late expedition against the Insurgents and since drowned be allowed the sum of fifteen pounds and that the Treasurers or either of them pay her the same and be allowed in their accounts with the public.

JOHN HARVEY, Speaker.
By order
James Green, Jr, Clk.

Received from the Assembly by Colo Howe and Colo Davis the following Message and Resolve Vizt.

Gentlemen of His Majesty's Honble Council

We herewith send you a Resolve of this House for continuing the Garrison of Fort Johnston twelve months and from thence to the

-------------------- page 398 --------------------
end of next session of the Assembly, and desire your Honors Concurrence thereto.

JOHN HARVEY Speaker.

In the Assembly 8th February 1773.

Resolved that the present establishment in the Garrison of Fort Johnston be continued in His Majestys service twelve months, and from thence to the end of the next Session of Assembly.

JOHN HARVEY Speaker
By order
James Green Jr Clk

Received from the Assembly by Mr Thompson and Mr Shepard

A Bill to restrain the Fishery for a certain season in each year in the several places therein mentioned

The House adjourned till 10 oClock on Monday Morning.


Monday Morning 15th February 1773.

The House met according to adjournment,

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Simpson and Mr Benbury the following Bills, Viz

An additional Bill to an Act for erecting a Court House and Prison for the use of the district of Edenton

On motion read the first time and passed.

A Bill to amend an Act for encouraging the building of Public Mills and directing the duty of millers.

On motion read the first time amended and passed.

A Bill to prevent the wilful and malicious killing of slaves

On motion read the third time and passed. Ordered to be engrossed.

An additional Bill to an Act intituled an Act to prevent the exportation of unmerchantable Commodities

On motion read the first time and passed

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

-------------------- page 399 --------------------

A Bill to prevent the crime of horse stealing.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr B Harvey and Mr McCulloh,

A Bill to continue an Act intituled an Act for appointing an Agent to solicit the Affairs of this Province at the several Boards in England.

On motion read the first time and passed.

Received from the Assembly by Mr Thos Person and Mr McNair,

A Bill to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Benbury and Mr Oldham,

A Bill to impower the executors of John McKildo late Sheriff of Tyrell to collect the Arrears of Taxes due for the said County in the years therein mentioned.

Received from the Assembly by Mr Lane and Mr R. Ormond,

A Bill for granting a Bounty on the exportation of Pot and Pearl Ash.

On motion read the third time and passed. Ordered to be engrossed.

On motion Ordered the following Bills to be read vizt

A Bill for dividing the Province into six several districts and for establishing a superior Court of Justice in each of the said districts, and for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province and regulating the proceedings therein. Read the second time amended and passed.

A bill to continue an Act intituled an Act to prevent hunting for and killing Deer in the manner therein mentioned. Read the first time and passed.

A Bill for laying out a public road from Dann River through the Counties of Guilford Chatham and Cumberland to Campbelton. Read the first time and passed.

A Bill for regulating the Town of Hertford and other purposes. Read the first time and passed.

A Bill directing the punishment of those persons who shall forge or counterfeit the gold and silver coins circulating in this Province and of those who shall utter the same, or any false or counterfeit

-------------------- page 400 --------------------
debenture bills in similitude of those emitted in the years 1768 and 1771. Read the second time and passed.

A Bill for the relief of Insolvent debtors with respect to the imprisonment of their persons. Read the second time amended and passed.

A Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and other purposes. Read the second time and passed.

A Bill to restrain the Fishery for a certain Season in each year in the several places therein mentioned. Read the second time and passed.

A Bill to prevent making hedges across great Contentnea Creek. Read the second time and passed.

A Bill for annexing the North part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct Parish. Read the third time and passed. Ordered to be engrossed.

A Bill to encourage the destroying of vermin in the several Counties therein mentioned. Read the third time and passed. Ordered to be engrossed.

And a Bill to continue An Act intituled “An Act to direct Sheriffs in levying executions and the disposal of lands, goods and chattels taken thereon.” Read the third time and passed. Ordered to be engrossed.

On motion this House Concurred with the Resolve of the Assembly for allowing Elizabeth Strange whose husband was wounded in the late expedition against the Insurgents and since drowned, the sum of fifteen pounds.

On motion this House Concurred with the Resolve of the Assembly for continuing the present Establishment of Fort Johnston.

Received from the Assembly by Mr Lane and Mr R. Ormond

A Bill for building a Bridge over Tulls Creek and repairing the causeway thereunto adjoining.

The House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 16th February 1773.

The House met according to adjournment.

Present as before.

The House adjourned till 10 oClock tomorrow morning.

-------------------- page 401 --------------------

Wednesday Morning 17th February 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis DeRosset Esqr
The Honble John Sampson Esqr
The Honble Alexander McCulloch Esqr
The Honble William Dry Esqr
The Honble Samuel Strudwick Esqr
The Honble Samuel Cornell Esqr

Received from the Assembly by Mr B. Harvey and Mr Williams

A Bill for regulating the Town of Hertford and other purposes.

On motion read the second time amended and passed.

Received from the Assembly by Mr Neale and Mr Coor

A Bill to regulate the attendance of the Minister of Christ Church Parish at the Parish Church in the Town of New Bern and at the several Chapels in the same Parish.

On motion read the third time and passed. Ordered to be engrossed.

And an Additional Bill to an Act intituled, an Act for amending an Act intituled an Act for the better regulation of the Town of New Bern and for securing the Titles of Persons who hold lots in the said Town.

On motion read the first time and passed.

Received from the Assembly by Mr Rutherford and Mr Davis

A Bill establishing the Court House in the Town of Charlotte in Mecklenburg County and other purposes.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Montgomery and Mr Davison

A Bill to amend an Act intituled an Act for the Regulation of the Town of Salisbury, securing the inhabitants in their possessions and to encourage the settlement of the said Town.

Received from the Assembly by Mr Nash and Mr Hines

A Bill directing the punishment of those persons who shall counterfeit the gold and silver coin circulating in this Province and of those who may utter the same or any false or counterfeit debenture Bills in similitude of those emitted in the year 1768 and 1771.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Stewart and Mr Frazier

A Bill for erecting part of the Counties of Halifax and Tyrell

-------------------- page 402 --------------------
into one distinct County and Parish and other purposes therein mentioned.

Received from the Assembly by Mr Blackman and Mr Coor

A Bill to prevent making hedges across great Contentnea Creek, Little River of P. D. Rocky River and Uahra River.

On motion read the third time and passed. Ordered to be engrossed.

On motion Ordered the following Bills be read Vizt

The Bill to amend the staple of tobacco and prevent frauds in His Majesty's Customs. Read the first time and passed,

The Bill to impower the Executors of John McKildo late Sheriff of Tyrell to collect the arrears of Taxes due for the said County in the years therein mentioned. Read the first time and passed.

The Bill for building a bridge over Tulls Creek and repairing the causeway thereunto adjoining. Read the first time and passed.

And the Bill for appointing Public Treasurers and directing their duty in office. Read the first time and passed.

Received from the Assembly by Mr Coor and Mr R Ormond

An additional Bill to an Act intituled an Act to prevent the exportation of unmerchantable commodities.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday Morning 18th February 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis DeRosset Esqr
The Honble John Sampson Esqr
The Honble Alexr McCulloch Esqr
The Honble William Dry Esqr
The Honble Samuel Strudwick Esqr
The Honble Martin Howard Esqr
and
The Honble Samuel Cornell Esqr

Received from the Assembly by Mr Gray and Mr W. Ormond the following Bills Vizt

A Bill for laying out and establishing a Public Road from Charlotte Town in Mecklenburg County to Bladen Court House.

On motion, read the first time and passed.

A Bill for repairing or rebuilding the gaol for the district of Halifax in the Town of Halifax.

On motion read the first time and passed.

And a Bill for dividing the Province into six several districts and for establishing a Superior Court of Justice in each of the said districts and for establishing Inferior Courts of Pleas and Quarter

-------------------- page 403 --------------------
Sessions in the several Counties in this Province and for regulating the proceedings therein.

Received from the Assembly by Mr Robeson and Mr Lane, the following Bills Vizt

A Bill to impower the Inferior Courts of the several Counties within this Province to lay a tax to defray the expence of their respective Members in attending the General Assembly.

A Bill to amend an Act intituled an Act for the regulation of the several officers fees therein mentioned and ascertaining the method of paying the same.

A Bill to prevent hunting with a gun in the night by fire light—

And, A Bill for Building a Court House prison and stocks at Slades Creek in Hyde County and removing the Court House from Woodstock thereto.

On motion the above four Bills were read the first time and passed.

On motion The Additional Bill to an Act intituled an Act to prevent the exportation of unmerchantable commodities was read the second time and rejected

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

Gentlemen of his Majestys Honble Council,

The Chairman of the Committee of Public Accounts having reported that the Southern Treasurer hath paid into the Committee on Account of the sinking fund seven thousand four hundred and forty eight pounds eighteen shillings and two pence, And the Treasurer of the Northern district the sum of three thousand and sixty five pounds and five pence on the same fund—

This House have appointed a Committee of the whole House to see the said sums amounting in the whole to ten thousand five hundred and thirteen pounds eighteen shillings and seven pence, burnt at the house of Thomas Sitgreaves in New Bern at one oClock this afternoon in conjunction with such of your Honors as you shall think fit to appoint.

JOHN HARVEY, Speaker

In the Assembly 18th February 1773.
By order
James Green Jr., Clk.

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

-------------------- page 404 --------------------

Mr. Speaker and Gentlemen of the Assembly,

This House have appointed the Honble John Rutherford and William Dry Esquires a Committee of this House to join your Committee to see the sum of ten thousand five hundred and thirteen pounds eighteen shillings and seven pence paid on the sinking fund burnt at the place and time you mention.

In the upper House 18th Feby 1773.

Received from the Assembly by Mr Kimbrough and Mr Latham

A Bill for vesting in certain persons therein named two Acres of Land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon and enclosing a burying ground—

And a Bill to regulate and ascertain the fees of the Clerks of the Pleas and Crown in the Superior and Inferior Courts in this Colony, directing the method of paying the same, and for taxing Law Suits.

Received from the Assembly by Mr Martin and Mr Kimbrough

A Bill for laying out a public road from Dan River through the counties of Guilford, Chatham and Cumberland to Campbelton, and for a Public Road from the Shallow ford in Surry County to join the same,

And a Bill to enable the several Inferior Courts in this Province to lay a Tax to defray the expence of Negroes convicted capitally in their respective counties.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 19th February 1773.

The House met according to adjournment

Present
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

On motion Ordered the following Message be sent to the Assembly Vizt.

Mr. Speaker and Gentlemen of the Assembly—

Upon the third reading of the Bill for dividing the Province into six several districts & c. This House propose the following amendments, Vizt.

That the district of Hillsborough be abolished and that a district at Campbellton be erected in its stead to be held on the same day

-------------------- page 405 --------------------
as mentioned in the Bill for Hillsborough, for the Counties of Cumberland, Anson, Chatham, Guilford and Wake, and that the Counties of Orange and Granville be added to Halifax district, and Cumberland taken out of New Hanover district

That in all cases of original or Judicial attachments against persons residing in Europe the Court to which the same is brought shall continue it twelve months, and if the defendant appear plead and put in bail within that time, in such case his estate may be liberated and the Garnishee discharged

That the Justices of the Quorum shall constitute and be the sole Judges of the Inferior Court of common Pleas.

That the said Justices of the Quorum together with all the others named in the Commission shall constitute the Court of General and Quarter Sessions of the Peace.

That two days in each Term be set apart by the Justices of the Quorum for the Trial of Pleas of the Crown and other business of the Quarter Session.

That the clause relating to the Clerk of the Pleas shall run thus—

And be it further Enacted by the authority aforesaid that the Clerk of the Pleas for the time being shall nominate and appoint skillful and discrete persons to serve as Clerks for the several Courts hereby Established and each of the said Clerks shall give Bond to the Justices of their respective Courts with two sufficient securities in the Penalty of one hundred pounds for the safe keeping the Records and the faithful discharge of his duty in his said office. Which said Bond shall be recorded and lodged in the Secretary's Office and in case of a breach of the condition thereof may be put in suit for the benefit of, and at the proper costs and charges of the party or parties injured and shall not become void upon the first recovery, Or if Judgment be given against the said Justices, But may from time to time be put in suit by action of debt or Scire Facias until the whole penalty shall be recovered. And when any Judgment shall be obtained upon such Bond the damages assessed shall by Order of the Court be paid to the person or persons injured.

And be it further Enacted by the Authority aforesaid that nothing herein contained shall be construed to lessen or take away the power of the Justices of the said Courts over the Clerks thereof, anything herein contained to the contrary notwithstanding—

And be it further Enacted by the authority aforesaid that the Clerk of the Pleas for the time being shall not accept or take any

-------------------- page 406 --------------------
gratuity gift fee or reward in consideration of his appointing any person to the Office of Clerk of the Inferior Court of Pleas and Quarter Sessions under pain of forfeiting five hundred pounds sterling money of Great Britain to be recovered by Action of Debt Bill Plaint or information and to be applied one half for the benefit of the informer and the other half to defray the contingent charges of Government, and the person appointed shall be rendered incapable of holding the said Office Provided nevertheless that the said Clerk of the Pleas may reserve a reasonable portion of the Profits and emoluments of the said office.

If your House approve of these amendments be pleased to send two of your Members to see that the Bill be altered and amended accordingly.

In the upper House 19th Feby 1773.

By order
RIGDON BRICE pro Clk.

On motion ordered the following Bills be read

The Bill for erecting part of the Counties of Halifax and Tyrrel into one distinct County and Parish, and for other purposes therein mentioned. Read the third time and passed. Ordered to be Engrossed.

The Bill to impower the Executors of John McKildo late Sheriff of Tyrell to collect the Arrears of taxes due for the said County in the years therein mentioned.

The Bill for vesting in certain Persons therein named two Acres of Land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon and for enclosing a burying ground.

And the Bill for laying out a public Road from Dan River through the Counties of Guilford Chatham and Cumberland to Campbelton and for a public road from the shallow ford in Surry County to join the same. Read the second time and passed.

The Bill to enable the several Inferior Courts in this Province to lay a Tax to defray the Expence of negroes convicted capitally in their respective Counties.

And the Bill to regulate and ascertain the Fees of the Clerks of the Pleas and Crown in the Superior and Inferior Courts in this County, directing the method of paying the same, and for Taxing Law Suits. Read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 407 --------------------

Saturday Morning 20th February 1773.

The House met according to adjournment.

Present.
The Honble James Hasell Esquire
The Honble William Dry Esquire
The Honble Lewis DeRosset Esquire
The Honble Samuel Strudwick Esquire
The Honble John Sampson Esquire
The Honble Martin Howard Esquire
The Honble Alexr McCulloch Esquire
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Respess and Mr Ormond,

A Bill to amend and continue An Act passed in the General Assembly of this Province at New Bern the fifth day of December in the Year of our Lord 1768 Intituled an Act 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 the Associate Justices of the said Superior Courts.

On motion read the first time amended and passed.

And A Bill for Building a gaol in Beaufort County.

On motion read the first time and passed.

Received from the Assembly by Mr B. Harvey and Mr Williams

A Bill for allowing a salary to the Speaker of the House of Assembly.

On motion read the second time and passed.

A Bill for regulating the Town of Hertford and other purposes.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Slade and Mr McCulloh

A Bill to alter the method of working upon the public roads in the County of New Hanover.

On motion read the first time and passed.

Received from the Assembly by Mr Caswell and Mr Gray

A Bill to prevent malignant and infectious distempers being spread by shiping importing distempered persons into this Province

On motion read the first time and passed.

Received from the Assembly by Mr Hewes and Mr Macknight the following Message and Resolve, Vizt

Gentlemen of His Majestys Honble Council,

This House send you a Resolve thereof for allowing Hunt and Bryan ninety six pounds four shilling and four pence, Robert Lanier the sum of fifty eight pounds eight shillings and eight pence, and

-------------------- page 408 --------------------
William Few the sum of thirty seven pounds ten shillings for expences incurred in the late expedition and desire your Honors concurrence thereto.

JOHN HARVEY Speaker

In the Assembly 18th February 1773.

Resolved, That Hunt and Bryan for corn, wheat and stears be allowed the sum of ninety six pounds four shillings and four pence, Robert Lanier for flour wheat and stears fifty eight pounds eight shillings and eight pence, William Few for a field of wheat, barley and oats thirty seven pounds ten shillings it being for so much furnished the Troops on the late Expedition against the Insurgents.

JOHN HARVEY Speaker
By order
James Green Jr., Clk.

In the upper House 20th February 1773. Concurred with and sent back.
JAS HASELL, P. C.

Received from the Assembly by Mr Hatch and Mr Coor

A Bill to impower the Commissioners therein named to build a bridge over Trent River on the main Road leading from New Bern to Wilmington.

On motion read the first time and passed.

And a Bill to prevent hunting with a gun in the night by firelight.

On motion read the second time amended & passed.

Received from the Assembly by Mr Kenan and Mr Starkey

A Bill for rendering the navigation of Trent River more useful and advantageous

On motion read the first time and passed.

Received from the Assembly by Mr Hewes and Mr Macknight the following Message and Resolve, Vizt

Gentlemen of His Majesty's Honble Council,

We herewith send you a Resolve of this House for allowing Robert Sinclear and Daniel Stiles or such persons as they have or may impower to receive the same the sum of three hundred and eighty seven out of the sinking fund, and desire your Honors Concurrence thereto.

JOHN HARVEY Speaker.

In the Assembly 18th February 1773.
-------------------- page 409 --------------------

Mr Hewes presented a claim whereby it appears to this House by the testimony of indifferent and disinterested persons that three hundred and eighty seven pounds Proclamation Bill Money of this Province the property of Robert Sinclear and Daniel Stiles of New York Merchants was lost and destroyed on board the sloop Jenny James Thomas Master at Ocacock Bar in a violent gale of wind on the first day of September last when the said vessel was cast away and entirely lost and most of the seamen and Mariners drowned.

Resolved that the Treasurers or either of them pay to the said Robert Sinclear and Daniel Stiles or such persons as they have or may impower to receive the same the sum of three hundred and eighty seven pounds out of the sinking fund and be allowed in their accounts with the Public.

JOHN HARVEY Speaker.
By order
Jas Green, Jr., Clk.

In the upper House 20th Feby 1773. Concurred with and sent back.
JAS HASELL, P. C.

Received from the Assembly by Mr Robeson and Mr McRee,

A Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House.

On motion read the second time and passed.

Received from the Assembly by Mr Campbell and Mr Robeson,

A Bill to repeal part of an Act therein mentioned.

On motion read the first time and passed.

Received from the Assembly by Mr Benbury and Mr. B. Harvey.

A Bill directing the boundary line between the Counties of Perquimans and Chowan and appointing commissioners to see the same run.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Rutherford and Mr Person,

A Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proc money within this Province.

Received from the Assembly by Mr Williamson and Mr Jarvis the following Bills, Vizt.

A Bill to empower the Executors of John McKildo late Sheriff of Tyrell to collect the arrears of Taxes due for the said County in the years therein mentioned.

-------------------- page 410 --------------------

On motion read the third time and passed. Ordered to be engrossed.

An Additional Bill to an Act for erecting a Court House and Prison for the use of the district of Edenton.

On motion read the third time and passed. Ordered to be engrossed.

A Bill for vesting in certain persons therein named two Acres of Land at the Indian Town in Currituck County as Trustees for erecting a chapel thereon and for enclosing a burying ground.

And a Bill for building a bridge over Tulls Creek and repairing the causeway thereunto adjoining.

Received from the Assembly by Mr Neale and Mr Jarvis,

A Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the year of Our Lord 1768 Intituled An Act 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 the Associate Justices of the said Superior Courts.

Received from the Assembly by Mr Person and Mr Haywood,

A Bill for directing the method of appointing Jurors in all causes Civil and Criminal.

Then the House adjourned till 10oClock on Monday morning.


Monday Morning 22d February 1773.

The House met according to adjournment

Present.
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex. McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

On motion ordered the following Bills be read

The Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the year of our Lord 1768, Intituled An Act 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 the Associate Justices of the said Superior Courts. Read the second time amended and passed.

-------------------- page 411 --------------------

The Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province. Read the first time and passed.

The Bill for vesting in certain persons therein named two acres of land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon and for enclosing a burying ground. Read the second time amended and passed.

The Bill for directing the method of appointing Jurors in all causes civil and criminal.

And the Bill for building a bridge over Tulls Creek and repairing the causeway thereunto adjoining. Read the second time and passed.

Received from the Assembly by Mr McCulloh and Mr Kenan

A Bill to amend the staple of tobacco and prevent frauds in His Majesty's Customs.

On motion read the second time amended and passed.

Received from the Assembly by Mr Nash and Mr Evans

A Bill to amend an Act intituled an Act for the Regulation of the Town of Hillsborough.

On motion read the first time and passed.

Received from the Assembly by Mr Frazier and Mr Latham

A Bill for cutting a navigable Canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County.

On motion read the first time and passed.

And a Bill to amend an Act intituled an Act for settling the Bounds of Lands.

On motion read the first time and passed.

Received from the Assembly by Mr Alston and Mr McCulloh

A Bill for repairing or rebuilding the gaol for the district of Halifax in the Town of Halifax.

On motion read the second time and passed.

Received from the Assembly by Mr Davis and Mr Jas Moore,

A Bill continuing an Act intituled “An Act to alter the method of working upon the roads in the County therein mentioned.”

Received from the Assembly by Mr McRee and Mr Robeson,

A Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House.

On motion read the third time and passed. Ordered to be engrossed.

-------------------- page 412 --------------------

Received from the Assembly by Mr Gray and Mr Benbury, the following Message, Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Message of the nineteenth Instant with respect to the Bill for dividing the Province into six several districts &c. We agree that the amendment proposed by you as to the attachment of effects of persons residing in Europe shall be inserted in the Bill, and as to every other part of your Message we cannot agree. With that amendment we have the fullest confidence you will pass the Bill upon which the peace and happiness of this Province essentially depends, to which if you agree, We will send two of our Members to see the amendment inserted in the Bill.

JOHN HARVEY, Speaker.

In the Assembly 22d Feby 1773.
By order,
James Green, Jr, Cl'k.

Received from the Assembly by Mr B. Harvey and Mr Thompson,

A Bill to establish Triennial Assemblies.

Received from the Assembly by Mr Hines and Mr W. Person,

A Bill to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

The Committee appointed by this House the 18th Instant, to see the money paid on the sinking fund burnt, Reported that the sum of £7448.18.2 paid by the Southern Treasurer, and the sum of £3065.0.5 paid by the Northern Treasurer amounting in the whole to ten thousand five hundred and thirteen pounds eighteen shillings and seven pence was burned accordingly.

Then the House adjourned 'till 10 oClock tomorrow morning.


Tuesday Morning 23rd February 1773.

The House met according to adjournment

Present.
The Honble James Hasell Esq'r
The Honble Alexr McCulloch Esq'r
The Honble John Rutherford Esq'r
The Honble William Dry Esq'r
The Honble Lewis DeRosset Esq'r
The Honble Samuel Strudwick Esq'r
The Honble John Sampson Esq'r
The Honble Samuel Cornell Esq'r

On motion the Bill for establishing Triennial Assemblies

And the Bill to continue an Act intituled an Act to alter the method of working upon the roads in the Counties therein mentioned were read the first time and passed

-------------------- page 413 --------------------

Received from the Assembly by Mr McNair and Mr Martin

A Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the year of our Lord 1768 Intituled an Act 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 the Associate Justices of the said Superior Courts.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr McAlister and Mr Benbury the following Bills Vizt

A Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province.

A Bill to repeal part of an Act therein mentioned.

A Bill to prevent malignant and infectious distempers being spread by shiping importing distempered persons into this Province.

And a Bill to prevent hunting with a gun in the night by fire light.

Received from the Assembly by Mr Montgomery and Mr McAlister

A Bill to continue the Tax imposed by an Act intituled, An Act for building a Court House in the Town of Salisbury for the district of Salisbury.

And a Bill to regulate the Borough of Campbelton and erecting Public buildings therein.

Then the House adjourned till 10 oClock on Monday Morning.


Wednesday Morning 24th February 1773.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Lanier and Mr S. Smith the following Message and Resolve, Vizt.

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing Jacob Mitchell the sum of eight pounds, Thomas Butner five pounds, Robert Simonton ten pounds, Thomas Crawford three pounds six shillings and eight pence, Benjamin Milner seventeen pounds thirteen

-------------------- page 414 --------------------
shillings and four pence, John Oliphant for himself and twelve men thirty-two pounds ten shillings, William Morrison for himself and ten men twenty pounds ten shillings, William Sherral for himself and ten men twenty-seven pounds fifteen shillings, James Lee one pound ten shillings, Emperor Wheeler one pound fifteen shillings, Abel Gower one pound six shillings and eight pence, James Sampson six pounds five shillings, Richard Brocus ten pounds ten shillings, Gabriel Hames two pounds fifteen shillings, Walter Lindsay sixty-four pounds eighteen shillings and two pence, William Hatch twenty-five pounds, Samuel Paul fifteen pounds, and Moses Martin for himself and two mens pay and for horse hire and provisions twenty-two pounds three shillings and eight pence. And desire your Honors Concurrence thereto.

JOHN HARVEY Speaker.

In the Assembly 22d February 1773.

Resolved that Jacob Mitchell be allowed for himself and overseer two waggons and horses ten days in the late expedition the sum of eight pounds, Thomas Butner for one rifle gun pressed in the service five pounds, Robert Simonton for one horse and bell ten pounds, Thomas Crawford for one saddle and bridle pressed three pounds six shillings and eight pence, Benjamin Milner for his services on the expedition seventeen pounds thirteen shillings and four pence, John Oliphant for himself and twelve men on an expedition to Silver Creek and the Quakers Medows and the three Creeks by Order of General Waddell Thirty two pounds ten shillings, William Morrison for himself and ten men on the like service twenty pounds ten shillings, James Lee for a gun lost in the service one pound ten shillings, William Sherral for himself and twelve men on an expedition twenty seven pounds fifteen shillings, Emperor Wheeler for a gun lost in the service one pound fifteen shillings, Abel Gower for a gun lost one pound six shillings and eight pence, James Sampson for ten days pay and expences in the late expedition six pounds five shillings, Richard Brocus for forty two days pay in the late expedition ten pounds ten shillings, Gabriel Hames for eleven days pay in the late expedition two pounds fifteen shillings, Walter Lindsay for the ballance of his account in the expedition sixty four pounds eighteen shillings two pence, William Hatch for one hundred and eighteen days service as steward and gunner in the said expedition twenty five pounds, Samuel Paul for himself, waggon and team

-------------------- page 415 --------------------
in the service fifteen pounds, Moses Martin for himself and ten mens pay and for horse hire and provisions twenty two pounds three shillings and eight pence. And that the Treasurers or either of them pay the same and be allowed with the Public, to which we desire your Honors concurrence.

JOHN HARVEY Speaker.
By order
Jas Green Jr Clk.

In the upper House 24th Feby 1773. Concurred with.
JAS. HASELL, P. C.

Received from the Assembly by Mr Martin and Mr Kimbrough,

A Bill of Pardon and oblivion to the persons concerned in the late insurrection except such persons as are therein excepted.

On motion read the second time and passed.

Received from the Assemby by Mr Jarvis and Mr Lewis

A Bill to amend an Act intituled an Act for regulating the several Officers fees therein mentioned and ascertaining the method of paying the same.

A Bill to regulate and ascertain the fees of the Clerks of the Pleas in the Superior and Inferior Courts in this Colony directing the method of paying the same and for taxing Law Suits.

On motion read the second time and passed.

Received from the Assembly by Mr Hatch and Mr Coor the following Bills vizt

A Bill to impower the Commissioners therein named to build a bridge over Trent river on the main road leading from New Berne to Wilmington.

On motion read the second time and passed

A Bill for rendering the navigation of Trent River more useful and advantageous.

On motion read the second time and passed.

And a Bill for laying out a public road from Dan River through the Counties of Guilford, Chatham, and Cumberland to Campbelton and for a Public road from the shallow ford in Surry County to join the same.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Hatch and Mr Evans

An additional Bill to an Act intituled an Act for the better

-------------------- page 416 --------------------
regulation of the Town of New Bern and for securing the Titles of persons who hold lots in the said Town.

On motion read the second time amended and passed.

Received from the Assembly by Mr T. Person and Mr Jarvis

A Bill for the relief of insolvent debtors with respect to the imprisonment of their persons.

Received from the Assembly by Mr McNair and Mr Stewart.

A Bill to amend the staple of tobacco and prevent frauds in His Majestys Customs.

Received from the Assembly by Mr Latham and Mr Slade—

A Bill to amend an Act intituled An Act for settling the Bounds of Lands.

On motion read the second time and passed.

On motion ordered the following Bills be read, Vizt.

The Bill to prevent hunting with a gun in the night by firelight

Read the third time and passed. Ordered to be engrossed.

The Bill for appointing Public Treasurers and directing their duty in office

Read the second time amended and passed.

The Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province, and

The Bill to amend an Act intituled an Act for the regulation of the Town of Hillsborough. Read the second time and passed.

The Bill to alter the method of working upon the public roads in the County of New Hanover. Read the second time amended and passed.

The Bill to continue the Tax imposed by an Act intituled an Act for building a Court House in the town of Salisbury for the district of Salisbury, And,

The Bill to regulate the Borough of Campbellton and erecting Public buildings therein. Read the first time and passed.

And the Bill to establish a Public Ferry across Yadkin River at the Plantation of James Smith. Read the first time and rejected

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

Mr Speaker and Gentlemen of the Assembly,

We agree with your Answer to our Message of the 19th Inst upon the Bill for dividing the Province into six several districts &c. and

-------------------- page 417 --------------------
we will pass the Bill with that amendment only which respects attachment of persons Estates who reside in Europe. We therefore desire you to send two of your Members to see that amendment inserted

Upper House 24th Feby 1773.

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

Mr Speaker and Gentlemen of the Assembly,

On reading the third time the Bill to amend the staple of tobacco &ca We propose that the inspection be confined to tobacco exported to Great Britain only, and that the Bill be made consonant thereto.

We further propose that the last clause in the Bill for preventing Slaves cultivating tobacco be deled, and the following clause be inserted instead thereof, Vizt—“And whereas many mischiefs have arisen by slaves cultivating large quantities of Tobacco—Be it Enacted by the authority aforesaid that no slave shall cultivate more than five hundred hills of Tobacco under the penalty of five pounds proclamation money to be recovered from the master, owner or overseer of such slave by action of debt before any Jurisdiction having cognizance thereof, one half to the informer and the other half to the use of the county where such slave shall reside.”

To which amendments if your House agree be pleased to send two of your members to see the same inserted in the Bill.

In the upper House 24th Feby 1773.

Received from the Assembly by Mr Howe, Mr Harnett, Mr Caswell, Mr F. Campbell, Mr McNair, Mr Knox, Mr Lewis, Mr Rutherford, Mr Simpson, Mr Starkey, Mr Lanier, Mr Gray, Mr Hewes, Mr Johnston, Mr Martin, Mr B. Harvey, Mr M. Moore, Mr Davis, Mr McCulloh, Mr Benbury, Mr Thos Person, Mr Lane, Mr Wynns and Mr Robeson,

A Bill to establish Triennial Assemblies.

On motion read the second time and passed.

Received from the Assembly by Mr Martin and Mr Lanier

A Bill to amend an Act passed at New Bern in the year 1771 intituled an Act for laying out a public road from the Frontiers of this Province through the counties of Mecklenburg, Anson and Cumberland.

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 418 --------------------

Thursday Morning 25th February 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex. McCulloch Esquire
The Honble Wm Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Locke and Mr Rutherford

A Bill to amend and continue an Act intituled an Act 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 the Associate Justices of the said Superior Courts.

On motion read the first time and passed.

Received from the Assembly by Mr Montgomery and Mr Davison

A Bill to amend an Act intituled “An Act for the 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 first time and passed.

Received from the Assembly by Mr Montgomery and Mr McNair the following Message

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to the amendments by you proposed to be inserted in the Bill to amend the staple of tobacco &c, This House cannot agree to the amendments proposed by you, as the first clause tends to render useless the whole Bill. The latter from its general expression tends to prohibit both master and slave from cultivating more than five hundred hills of tobacco.

JOHN HARVEY, Speaker.
By order.
Jas Green, Jr, Clk.

In the Assembly 24th Feby 1771.

Received from the Assembly by Mr Hooker and Mr Slade,

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

On motion read the second time and rejected.

A Bill to continue an Act intituled an Act to alter the method of working upon the roads in the County therein mentioned.

-------------------- page 419 --------------------

Received from the Assembly by Mr Campbell and Mr McAlister

A Bill for regulating the Borough of Campbelton and erecting public buildings thereon.

On motion read the second time and passed.

Received from the Assembly by Mr Davis and Mr Robeson

A Bill to alter the method of working upon the public roads in the County of New Hanover.

On motion read the third time and passed. Ordered to be engrossed.

On motion, Ordered the following Message be sent to the Assembly, Vizt

Mr Speaker and Gentlemen of the Assembly,

This House continue of opinion that the benefit of the Insolvent Act should be extended to all those who are indebted in a less sum than ten pounds as well as to those indebted above that sum, and therefore desire, if it be agreeable to your House that you would send two of your Members to see those words which confine the benefit of the said Act to debtors above the sum of ten pounds deled.

In the upper House 25th February 1773.

On motion ordered the following Bills be read, Vizt

The Bill to amend an Act passed at New Bern in the year 1771, Intituled an Act for laying out a public road from the Frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland. Read the first time and passed.

The Bill for preventing Persons who by devise or otherwise are invested with a life estate in any slave or slaves or other goods and chattles from doing injury to the person or persons in reversion.

The Bill to prevent malignant and infectuous distempers being spread by shiping importing distempered persons into this Province.

And the Bill to amend an Act intituled an Act for regulating the several officers fees therein mentioned and ascertaining the method of paying the same. Read the second time and passed.

On Motion, Ordered the following Message be sent to the Assembly, vizt

Mr Speaker and Gentlemen of the Assembly,

Having received your answer to our message proposing amendments to the Bill to amend the staple of tobacco &ca and maturely

-------------------- page 420 --------------------
considered thereof, This House cannot recede from the first amendment proposed, as to the other they agree that it should extend only to slaves cultivating tobacco for their own benefit. You will therefore be pleased if you approve thereof to send two of your members to see the amendments made in the Bill.

In the upper House 25th February 1773.

Received from the Assembly by Mr Hatch and Mr Coor the following Bills, vizt

A Bill to impower the commissioners therein named to build a bridge over Trent River on the main road leading from New Bern to Wilmington.

A Bill for building a gaol in Beaufort County.

On motion read the second time and passed.

And a Bill for rendering the navigation of Trent River more useful and advantageous.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Gray and Mr Simpson

A Bill to amend and continue an Act intituled an Act 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 the Associate Justices of the said Superior Courts.

On motion read the second time amended and passed.

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

Mr Speaker and Gentlemen of the Assembly,

Upon reading a third time the Bill for building a bridge over Trent River, this House are of opinion that the Commissioners should be impowered to get timber on the Lands convenient thereto for building said bridge but not for repairs of the same at all times thereafter. If your House concur with us in this amendment We desire you to send two of your members to see it inserted.

In the upper House 25th February 1773.

The House adjourned till 10 oClock tomorrow morning.

-------------------- page 421 --------------------

Friday Morning 26th February 1773.

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble William Dry Esquire
The Honble Lewis DeRosset Esquire
The Honble Samuel Strudwick Esquire
The Honble John Sampson Esquire
The Honble Martin Howard Esquire
The Honble Alexr McCulloch Esquire
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Montfort and Mr Alston

A Bill to continue “An Act for the more speedy recovery of all debts and demands under five pounds proclamation within this Province.”

On motion read the third time and passed. Ordered to be engrossed.

On motion, The Bill to repeal part of an Act therein mentioned Was read the second time and rejected

Received from the Assembly by Mr Davison and Mr Montgomery

A Bill to continue an Act intituled, “An Act for building a Court House in the Town of Salisbury for the district of Salisbury,” And

A Bill to amend an Act intituled “An Act for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of the said Town.”

On motion the above two Bills were read the second time and passed.

On motion The Bill to continue an Act intituled “An Act to alter the Method of working upon the roads in the County therein mentioned” Was read the second time and passed.

Received from the Assembly by Mr Hooper and Mr Harnett, the following Message Vizt.

Gentlemen of His Majesty's Honble Council,

In answer to your Message of the 25th Instant, This House agree that those words in the Bill for the relief of insolvent Debtors &c. which confine the benefit of said Act to debtors above the sum of ten pounds be “deled,” And send Mr Hooper and Mr Harnett to see the same done,

JOHN HARVEY Speaker
By order.
Jas Green Jr Clk.

In the Assembly 25th Feby 1773.

The amendment proposed to the “Bill for the relief of insolvent debtors with respect to the imprisonment of their persons,” was

-------------------- page 422 --------------------
accordingly made in presence of the Members sent for that purpose.

Then the said Bill was put and passed the third time, with the amendment. Ordered to be engrossed.

Received from the Assembly by Mr Neale and Mr Hatch, the following Message Vizt.

Gentlemen of His Majestys Honble Council,

In answer to your Message of yesterday relative to the amendment by you proposed to be inserted in the Bill for building a bridge over Trent River. This House agree thereto and send Mr Neale and Mr Hatch to see the proposed amendment inserted in the Bill.

JOHN HARVEY, Speaker.
By order
Jas Green, Jr Clk.

In the Assembly 26th Feby 1773.

The amendment proposed to the Bill to impower the Commissioners therein named to build a bridge over Trent River on the main road leading from New Bern to Wilmington was accordingly made in presence of the Members sent for that purpose.

Then the said Bill was put and passed the third time with amendments. Ordered to be engrossed.

Received from the Assembly by Mr Howe, Mr Harnett, Mr Caswell, Mr F. Campbell, Mr McNair, Mr Knox, Mr Lewis, Mr Rutherford, Mr Simpson, Mr Starkey, Mr Lanier, Mr Gray, Mr Hewes, Mr Johnston, Mr Martin Mr B. Harvey, Mr M. Moore, Mr Davis, Mr McCulloh, Mr Benbury, Mr Thos Person, Mr Lane, Mr Wynns, and Mr Robeson,

A Bill for establishing Triennial Assemblies.

Received from the Assembly by Mr Neale and Mr Hatch

A Bill for establishing a Public Seminary of Learning in the Western part of this Province and

A Bill for cutting a navigable canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County.

Received from the Assembly by Mr Rutherford and Mr Montgomery.

A Bill to amend an Act intituled, “An Act for the regulation of the Town of Salisbury securing the Inhabitants in their possessions and to encourage the settlement of the said Town,” &c

A Bill to continue the Tax imposed by an Act intituled, “An

-------------------- page 423 --------------------
Act for building a Court House in the Town of Salisbury, for the district of Salisbury.

On motion the above two Bills were read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Respess and Mr Evans.

A Bill for building a gaol in Beaufort County. On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Hooper and Mr Gray

A Bill for regulating the Borough of Campbelton and erecting public buildings therein.

Received from the Assembly by Mr Hooper and Mr Macknight the following Message, viz.

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to your passage of the Bill for dividing this Province into six several districts &ca. We send Mr Hooper and Mr Macknight to see the amendment by you proposed inserted in the Bill.

JOHN HARVEY Speaker.
By order
Jas Green Jr Clk.

In the Assembly 24th February 1773.

On motion ordered the following Message be sent to the Assembly vizt.

Mr Speaker and Gentlemen of the Assembly,

On reading the third time “The Bill for regulating the Borough of Campbelton and erecting Public Buildings therein” This House propose the following amendments vizt. That the Court House, Gaol, Pillory and Stocks be and remain on the Public Lots allotted for that purpose in that part of the Borough heretofore called Campbelton and no where else, and that the clause in the Bill having reference thereto be altered accordingly. And that the names of the Commissioners in the Bill nominated, be deled, and the following inserted, viz. Alexander McAlister, Ferquhard Campbell, Richard Lyon, Robert Neilson, and Robert Cochran. To which amendments if your House agree, be pleased to send some of your Members to see the same made.

In the Upper House 26th February 1773.

The House adjourned till 10oClock tomorrow morning.

-------------------- page 424 --------------------

Saturday Morning 27th February 1773.

The House met according to adjournment.

Present.
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Gray and Mr Hines,

A bill to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

On motion read the second time amended and passed.

Received from the Assembly by Mr McCulloh and Mr Alston,

A Bill for repairing the Gaol for the district of Halifax in the Town of Halifax.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Gray and Mr Simpson,

A Bill to amend and continue an Act intituled an Act 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 the Associate Justices of the said Superior Courts.

Received from the Assembly by Mr Martin and Mr Kimbrough

A Bill of Pardon and oblivion to the persons concerned in the late insurrection, except such persons as are therein excepted.

Received from the Assembly by Mr Shepard and Mr Jos. Jones,

A Bill for preventing Persons who by devise or otherwise are invested with a Life Estate in any slave or slaves or other goods and chattles from doing injury to the person or persons in reversion.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Kenan and Mr W. Person,

A Bill to amend an Act intituled an Act for settling the bounds of Lands.

On motion read the third time and passed. Ordered to be engrossed.

On motion ordered the following Bills be read.

The Bill for establishing a Public Seminary of Learning in the Western part of this Province.

Read the second time amended and passed,

-------------------- page 425 --------------------

And The Bill for cutting a navigable Canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County,

Read the second time and passed.

Received from the Assembly by Mr McNair and Mr Nash,

A Bill to amend an Act intituled “An Act for the regulation of the Town of Hillsborough.”

On motion read the third time and passed. Ordered to be engrossed.

On Motion ordered the following Message be sent to the Assembly, Vizt

Mr Speaker and Gentlemen of the Assembly,

On the third reading of the Bill of Pardon and Oblivion to the Persons concerned in the late Insurrection &c, We observe that you have deled the names of James Hunter, Samuel Deviney, and Ninian Bell Hamilton, As We do not agree thereto, We propose that those names should be steted in the Bill; to which amendment if your House agree be pleased to send two of your Members to see the same inserted in the Bill.

In the upper house 27th Februray 1773.

His Excellency the Governor having appointed John Hawks Esqr Clerk in this House in the room of John Burgwin Esqr in full confidence that the said John Burgwin had desired to resign said office and not from any disapprobation of his conduct,

This House taking the same into consideration do Resolve that during ten years Service as Clerk of this House the said John Burgwin hath ever acted with the strictest Integrity and Honor, and hath discharged all the duties of that Office with skill and ability.

And it is Ordered that this Resolve be entered on the Journals of this House as a Testimony of their unreserved approbation of his conduct.

The House adjourned till 10 oClock on Monday morning.


Monday Morning 1st March 1773.

The House met according to adjournment,

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire
-------------------- page 426 --------------------

Received from the Assembly by Mr Smith and Mr Evans

A Bill for cutting a navigable canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Phifer and Mr Davison

A Bill for establishing a Public Seminary of Learning in the Western part of this Province.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Montfort and Mr Caswell the following Message, Vizt.

Gentlemen of His Majesty's Honble Council,

In reply to your message we cannot agree to confine the inspection of tobacco to that which shall be exported to Great Britain only, as the allowing uninspected tobacco to be cleared outwards to any other place will leave a door open to much fraud and abuse in his Majesty's customs and manifestly tend to depreciate that valuable staple. We will however agree that the following clause may be added to the Bill, vizt

“And whereas the immediate execution of this Act may be very inconvenient to the persons at present concerned in shipping tobacco from the Ports of Brunswick, New Bern, and Bath for want of proper Warehouses and Inspectors at those ports—

Be it Enacted by the authority aforesaid, that nothing herein contained shall be construed to prohibit the Custom House Officers in any of the said Ports from Clearing out vessels with tobacco as usual until the first day of January next, at which time this Act shall take effect at those ports, any thing herein contained to the contrary notwithstanding.”

We agree to the other part of your message for confining Slaves in the cultivation of tobacco for their own use, and if you will adopt the above amendment we will send two members to see the Bill altered agreeable thereto.

JOHN HARVEY Speaker
By order
James Green Jr Clk.

In the Assembly 25th Feby 1773.

On motion Ordered the following Message be sent to the Assembly Vizt

-------------------- page 427 --------------------

Mr Speaker and Gentlemen of the Assembly,

We agree with the amendments proposed by you to the “Bill to amend the staple of Tobacco &c, and desire you would send two of your Members to see the same made.

In the upper House 1st March 1773.

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

Mr Speaker and Gentlemen of the Assembly.

On reading the third time the Bill continuing the Act for dividing this Province into six several districts &c We observe you have deled the following Clause vizt “And be it further enacted by the authority aforesaid that for the future the estate of no person whatsoever who hath never resided in this Province shall be liable to an attachment otherwise than according to the Laws and Statutes of England in like cases and that every clause and section in the before recited Act contrary thereto shall henceforth be Repealed.”

We apprehend this Clause is so penned as to give to the people of this Province every benefit enjoyed by the People of England by the Method of Attachments, what that Benefit is, how far it may be extended, or how far restrained Will be left at large to the construction of the Courts of Law.

For these reasons and because without this Clause the Province is likely to be without any Courts of Justice we do not consent to part with it.

If your House agree to this alteration we conceive that the other clause respecting the twelve months continuance be deled.

We further propose to impower the Chief Justice and his Associates or either of them to open the Court of Salisbury on any of the first six days of the next succeeding Term.

If your House agree to these alterations be pleased to send two of your Members to see them made.

In the upper House 1st March 1773.

Received from the Assembly by Mr Thos. Person and Mr Rutherford,

A Bill to regulate and ascertain the Fees of the Clerks of the Pleas in the Superior and Inferior Courts in this Colony directing the Methods of paying the same and for taxing Law Suits.

-------------------- page 428 --------------------

Received from the Assembly by Mr Hatch and Mr Coor,

An Additional Bill to an Act intituled An Act for amending an Act, intituled an Act for the better regulation of the Town of New Bern and for securing the Titles of persons who hold lots in the said Town.

The Amendments proposed 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 for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province and regulating the proceedings therein” Were made in presence of the Members sent for that purpose.

Then the said Bill was put and passed the third time with amendments. Ordered to be engrossed.

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

Mr Speaker and Gentlemen of the Assembly,

On reading in this House the third time the Bill for appointing Public Treasurers &c, We propose the following amendments vizt, That John Ashe Esquire the present Southern Treasurer be continued in office.

That the several Clauses inserted by this House at the second reading to compel the Treasurers to collect account for and pay the public Taxes be steted.

That the several clauses at the same time by us deled, and at your third reading steted, be again deled.

And that the new Clause by you added relative to the proceedings against Sheriffs for the nonpayment of Public Taxes be also deled.

We further propose that the following clause be inserted in the Bill, vizt. “And be it further Enacted that in case of the death or departure out of this Province or other legal disability 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 such Bond and security as herein before directed.” To which amendments if your House agree be pleased to send two of your members to see them inserted in the Bill.

In the Upper House 1st March 1773.

-------------------- page 429 --------------------

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

Mr Speaker and Gentlemen of the Assembly,

Upon the third reading of the Bill in addition to an Act for regulating the Town of New Bern We agree to your Amendment, and we propose to add the two following Paragraphs vizt

“And whereas sundry idle and disorderly persons as well as slaves and children under age do make a practice of firing guns and pistols within the said Town, Be it enacted by the Authority aforesaid that if any such person shall for the future fire a gun or pistol within the said Town he shall pay a fine of ten shillings for each offence to be recovered as aforesaid. If the offender be under age the parent master or guardian shall pay the said fine, And if a slave, shall by order of the next Majestrate be whipped, not exceeding twenty lashes unless the master of such slave shall pay the said fine.

And be it further enacted by the authority aforesaid that the Commissioners of said town or a majority of them are hereby impowered and required to appoint two or more watch men whose duty shall be regulated by the Commissioners and who shall be paid out of the monies arising by virtue of this Act.”

To which if your House agree be pleased to send two of your Members to see the amendments inserted in the Bill

In the upper House 1st March 1773.

Received from the Assembly by Mr Robeson and Mr Brooks.

A Bill to amend an Act passed at New Bern in the Year 1771, intituled an Act for laying out a public road from the Frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland.

On motion read the second time and passed.

Received from the Assembly, the following Message, Vizt,

Gentlemen of His Majestys Honble Council,

In reply to your Message of this day relative to the Bill to amend the Staple of Tobacco &ca, this House have sent Mr Montfort and Mr Nash to see the same made.

JOHN HARVEY Speaker.
By order
James Green, Jr, Clk.

In the Assembly 1st March 1773.
-------------------- page 430 --------------------

The amendment proposed to “The Bill to amend the staple of Tobacco, and prevent frauds in His Majesty's Customs” were accordingly made in the presence of the Members sent for that purpose.

Then the said Bill was put and passed the third time with amendments. Ordered to be engrossed.

Received from the Assembly by Mr Williamson and Mr Jarvis.

A Bill for vesting in certain persons therein named two acres of Land at the Indian Town in Currituck County as Trustees for building a Chapel thereon and for enclosing a burying ground.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Hooper and Mr Macknight the following message, Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Message relative to the Bill for regulating the Town of Campbelton and erecting public buildings therein, wherein you propose an alteration of the persons named as Commissioners, for laying out the said town, This house having in this respect nothing in contemplation but the interest of the County of Cumberland do not object to the amendment, Confident that the persons proposed by you are men of integrity and that nothing but an independent view to the public good has induced you to suggest the alteration. With respect to the second amendment proposed by you, We cannot consent that the public buildings should be erected in the place formerly called Campbelton as it is a measure in which the County of Cumberland is essentially interested and a majority of the Inhabitants of that County have supplicated the Legislature that the public buildings may be erected in the place formerly called Cross Creek, as by a Petition now in your House will appear, and the Inhabitants of that part called Cross Creek have subscribed largely for that purpose in order to lessen the County expence

But if it is a measure which your House conceive will be more beneficial to the Public that the buildings should be erected on the south side of the Creek called Cross Creek, this House consent to such an amendment.

JOHN HARVEY, Speaker.
By order,
James Green, Jr, Cl'k.

In the Assembly 1st March 1773.
-------------------- page 431 --------------------

On motion the Bill for the regulation of the Town of Campbelton and erecting Public Buildings therein, was put the third time, and as this House do not recede from the amendments by them proposed, the same was rejected.

Received from the Assembly by Mr Starkey and Mr Williams, the following Message,

Gentlemen of His Majestys Honble Council,

The Chairman of the Committee of Public Accounts having reported that the Southern Treasurer hath paid into the Committee five hundred and eleven pounds four shillings in old money, five hundred and twenty eight pounds twelve shillings and six pence in old debentures; and nine hundred and twenty three pounds in new debentures, making in the whole the sum of nineteen hundred and sixty two pounds sixteen shillings and six pence on account of the sinking Fund, this House have appointed a Committee of the whole House to see the said sum burnt at the house of Thomas Sitgreaves in New Bern at four oClock tomorrow in the afternoon in conjunction with such of your Honors as you may think fit to appoint.

JOHN HARVEY Speaker.
By order
James Green Junr Clk.

In the Assembly 1st March 1773.

Received from the Assembly by Mr B. Harvey and Mr Davison, the following Message, Vizt,

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to the Bill for appointing Public Treasurers &ca, We do not agree to the Alterations by you proposed, and desire your Honors to pass the Bill as it was sent you from this House.

JOHN HARVEY, Speaker.
By order
James Green Jr Clk

In the Assembly 1st March 1773.

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

Mr Speaker and Gentlemen of the Assembly

Upon reading the third time the Bill to regulate and ascertain the Fees of the Clerks of the Pleas &ca, this House are of opinion

-------------------- page 432 --------------------
that the Fees as stated by the additional and explanatory Act passed Anno Dom. 1770, are barely equal to the services performed by the Clerks of the Superior and Inferior Courts, and therefore cannot agree to the reduction of them, which your House have made, in any one instance. If your House agree to let them stand upon the footing of the said recited Act please to send two of your members to see them made conformable thereto.

In the upper House 1st March 1773.

Received from the Assembly by Mr Respess and Mr Benbury

A Bill to amend an Act passed at New Bern in the year 1771, Intituled an Act for laying out a public road from the Frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland.

On motion read the third time and passed. Ordered to be engrossed.

And a Bill to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

On motion the Bill for appointing Public Treasurers and directing their duty in Office was put and passed the third time. Ordered to be engrossed.

Received from the Assembly the following message, vizt

Gentlemen of His Majesty's Honorable Council,

In answer to your message of this day relative to the Bill in addition to an Act for regulating the Town of New Bern, We agree to the Paragraphs by you proposed and send Mr Neale and Mr Hatch to see the same added to the said Bill.

JOHN HARVEY Speaker
By order
James Green Jr Clk.

In the Assembly 1st March, 1773.

The Paragraphs proposed to be added to the additional Bill to an Act intituled an Act for amending an Act intituled an Act for the better regulating of the Town of New Bern and for securing the Titles of Persons who hold lots in the said Town Were accordingly inserted in the presence of the members sent for that purpose.

Then the said Bill was put and passed the third time with amendments. Ordered to be engrossed.

Received from the Assembly by Mr Montfort and Mr Caswell the following Message vizt.

-------------------- page 433 --------------------

Gentlemen of His Majesty's Honble Council.

In answer to your message of this day for steting the names of James Hunter Samuel Deviney and Ninian Bell Hamilton in the Bill of Pardon and oblivion This House cannot agree thereto, and hope you will pass the Bill as it went from this House.

JOHN HARVEY, Speaker.
By order
James Green Junr Clk.

In the Assembly 1st March 1773.

Then the Bill of Pardon and Oblivion to the Persons concerned in the late insurrection except such persons as are therein excepted Was put the third time and rejected.

The House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 2d March 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esqr
The Honble Alexandr McCulloch Esqr
The Honble John Rutherford Esqr
The Honble William Dry Esqr
The Honble Lewis DeRosset Esqr
The Honble Samuel Strudwick Esqr
The Honble John Sampson Esqr
The Honble Martin Howard Esqr

Received from the Assembly by Mr T. Person and Mr Atherton,

A Bill for directing the method of appointing Jurors in all cases civil and criminal.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Kimbrough and Mr Williams,

A Bill to prevent malignant and infectuous distempers being spread by shipping importing distempered persons into this Province.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Neale and Mr B. Harvey,

A Bill to continue an Act passed the 15th day of January 1771 Intituled An Act to alter the method of working upon the roads in the County therein mentioned.

On motion read the third time and passed. Ordered to be engrossed.

-------------------- page 434 --------------------

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

Mr Speaker and Gentlemen of the Assembly.

On reading in this House for the third time The Bill to establish Inferior Courts &ca We propose the following proviso be inserted at the bottom of the clause ascertaining the proceedings on the return of non est inventus by the Sheriff vizt

“Provided that no such attachment shall issue against the estate of any person who has never resided in this Province”

To which amendment if your House agree be pleased to send some of your Members to see the same made.

In the upper House 2d March 1773.

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

Mr Speaker and Gentlemen of the Assembly.

This House have appointed the Honorable John Rutherford and Samuel Cornell Esquires a Committee of this House to join your Committee to see the sum of nineteen hundred and sixty two pounds sixteen shillings and six pence paid on the sinking Fund, Burnt at the place and time you mention in your Message of Yesterday.

In the upper House 2d March 1773.

Received from the Assembly the following Message Vizt

Gentlemen of His Majesty's Honble Council,

In answer to your Message of yesterday relative to the Bill to regulate and ascertain the Fees of the Clerks of the Pleas &ca. This House agree that the Fees as stated by the additional and explanatory Act passed Anno Dom. 1770, for services performed by the Clerks of the Superior and Inferior Courts in every instance be inserted in the said Bill and send Mr Caswell and Mr Nash two of the Members of this House to see the Bill made conformable thereto.

JOHN HARVEY, Speaker.
By order
James Green Jr Clk.

In the Assembly March 2d 1773.

The amendments proposed to the said Bill were accordingly made in presence of the Members sent for that purpose.

The House adjourned till 10 oClock tomorrow morning.

-------------------- page 435 --------------------

Wednesday Morning 3rd March 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexander McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard Esquire.
and
Samuel Cornell Esquire.

On motion, “The Bill to regulate and ascertain the Fees of the Clerks of the Pleas in the Superior and Inferior Courts in this Colony directing the method of paying the same and for taxing Law Suits,” having been amended agreeable to Message &ca Was put and passed the third time with amendments. Ordered to be engrossed.

Received from the Assembly by Col Nash and Col Martin the following Message Vizt.

Gentlemen of His Majestys Honble Council,

In answer to your Message of the first Instant upon your reading in your House for the third time, “The Bill continuing An Act for dividing this Province into six several districts,” &c.

This House agree to the amendment proposed by you with respect to impowering the Chief Justice and his associates or either of them to open the Court of Salisbury on any of the first six days of the next succeeding Term.

But we can by no means admit the clause which you inserted upon a former reading and which upon the most mature deliberation has been deled in our House, to wit,

“And be it further Enacted by the Authority aforesaid that for the future the Estate of no person whatsoever who hath never resided in this Province shall be liable to an attachment otherwise than according to the Laws of England in like cases and that every clause and section in the before recited Act contrary thereto, shall henceforth be repealed.”

We are of opinion that it would be highly inconsistent with the Commercial Policy of this Province to relinquish the benefit of the attachment of the effects of those who are not resident here, as from the absence of their persons Creditors have no security but what is derived from their property in this Province upon the faith of which those debtors have in many instances obtained Credit.

We conceive that the Privilege we claim is exercised by many if not all of our Sister Colonies varied agreeable to the Circumstances

-------------------- page 436 --------------------
of each particular place and regulated by the Provincial Laws and in some instances by the municipal Customs in certain Liberties and Franchises of Great Britain, and as we can discover nothing in our own Constitution that can vindicate a distinction so injurious to this Country, We cannot in justice to ourselves and Constituents consent to it.

We notice that the Clause proposed by you is not confined to the Inhabitants of Great Britain but extends its influence to persons resident in the other Colonies whose Effects are thereby guarded from attachments for any debts they owe us, while ours may at any time be made the subject of attachments at their suits for any debts we may have contracted with them.

It is the sense of this House that by the Laws and Statutes of Great Britain no provision whatsoever is made for attachments, that as far as they are known in Great Britain they exist by Municipal Customs and are confined to Liberties and Franchises, Governed by the Particular circumstances of Place and People and so essentially local in the application of them as not to admit of being extended by any analogy of this Province, and as we must be referred (in case of your amendment taking place) to the Laws and Statutes of Great Britain for our remedy by attachment, such application must from what We have observed be altogether nugatory and fruitless.

We doubt not but that the Judges of our Courts of Law Zealous for the welfare of this Province would give a liberal construction to the Clauses proposed, but by the Laws in force must their decisions be confined and fettered with this restriction. We think that no legal, just interpretation could be formed but what must operate as a denial of the benefits we seek from the Attachment Law. To secure a privilege so important the mode of obtaining it should be grounded in certainty, the Law positive and express and nothing left for the exercise of doubt or discretion.

We mention as a circumstance that cannot have escaped the notice of your House that this Law is to continue in force only six months and from thence to the end of the next Session of Assembly, that in the manner this House have passed it, it is incumbent on the Creditor to give his foreign debtor twelve months notice before he can bind his effects by a Judgment, so that it is left altogether to the will of Government to prevent this Law having any effect whatsoever with respect to foreign debtors by putting an end to its

-------------------- page 437 --------------------
operation before twelve months, or which must necessarily be the case a longer time expire

This House bear the fullest Testimony to the necessity of Courts of Law and the many disadvantages which must arise from a failure of the due distribution of Justice on the Criminal and Civil side are too obvious to be mentioned. They doubt not that your House equally feel for the honor and interest of this Province and conscious of the benefits that have been derived to us from the Right we have hitherto had of attaching the effects of Foreigners that you will not part with a provision grounded in the principles of mutual reciprocal Justice the privation of which must necessarily destroy that confidence and credit to Foreigners and our neighbouring Colonies upon which the Trade and Prosperity of this Province essentially depend.

JOHN HARVEY, Speaker.
By order
James Green, Jr Clk.

3rd March 1773.

Received from the Assembly by Mr Gray and Mr Alston

The report of the Committee of Public Claims agreed to by the Assembly, which were read, concurred with and sent back.

Received from the Assembly by Mr Locke and Mr Montgomery the following Message Vizt,

Gentlemen of His Majestys Honble Council,

The addition you propose to be made to the Clause of the Inferior Court Bill respecting Attachments we conceive to be unnecessary because by the Act of Assembly for appointing Sheriffs and directing their Duty in Office &c., No Sheriff can return upon a Writ that the defendant is not to be found within his Bailiwick unless such Sheriff shall actually have been at the House or place of abode of such Defendant so that Judicial Attachments cannot operate to the Injury of Persons who have never resided in this Province and as this addition contains nothing but what we conceive to be provided for by the Law above mentioned, We cannot agree thereto, especially as it would seem to imply an inclination entirely to relinquish the Right of attaching the Effects of Persons who have never resided here, which under proper Regulations might be made equitable to all parties and is essentially necessary to the well being of

-------------------- page 438 --------------------
this Colony. We therefore earnestly wish your Honors may pass the Bill as it went from this House.

JOHN HARVEY, Speaker.
By order
James Green Jr Clk.

In the Assembly 2nd March 1773.

On motion, The Bill to amend an Act intituled “An Act 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 the Associate Justices of the said Superior Courts,” Was put the third time and rejected.

On motion, The Bill for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties within this Province, Was put the third time and passed. Ordered to be engrossed.

The House adjourned till 10 oClock tomorrow morning.


Thursday Morning 4th March 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr McNair and Mr Brooks the following Message and Resolve, Vizt

Gentlemen of His Majesty's Honble Council,

This House send herewith a Resolve thereof for allowing the Ferrymen in this Province for Transporting the Post Riders and Mail Bearers across the several Ferries &ca and desire your Honors Concurrence.

JOHN HARVEY Speaker.

In the Assembly 4th March 1773.

Resolved that every owner or keeper of a Public Ferry in this Province who shall on the arrival of any Post Rider or Bearer of a Mail from any of the Post offices in this Province immediately and with the utmost dispatch transport the said Post Rider or Mail bearer with his mail across the Ferry of which he is owner or keeper

-------------------- page 439 --------------------
in preference to any other person, such owner or keeper of a Ferry shall for every time he shall transport any post rider or mail bearer across his said Ferry be allowed double the sum allowed by Law for the like services in other instances on producing his account sworn to before a Justice of the Peace in the County where he resides to the Treasurer of the district who is hereby required to pay the same and such account with a receipt from the Ferryman shall be deemed a sufficient voucher for the Treasurer on his settlement with the Public, and that all Ferriages that have become due since the repeal of the Post Act shall be paid in like manner as aforesaid.

JOHN HARVEY, Speaker
By order
James Green Jr Clk.

In the upper House 4th March 1773. Read, concurred with and sent back.
JAs HASELL, P. C.

The House adjourned till 10 oClock tomorrow Morning.


Friday Morning 5th March 1773.

The House met according to adjournment

Present
The Honble James Hasell Esq's
The Honble John Rutherford Esq's
The Honble Lewis DeRosset Esq's
The Honble John Sampson Esq's
The Honble Alexander McCulloch Esq's
The Honble William Dry Esq's
The Honble Samuel Strudwick Esq's
The Honble Martin Howard Esq's
and
The Honble Samuel Cornell Esq's

Received from the Assembly by Mr Hines and Mr Montgomery the following Message and Resolve Vizt.

Gentlemen of His Majesty's Honble Council,

We herewith send you a Resolve of this House for allowing Robert Hamilton Twenty pounds, who by accident received a wound in the late expedition, and desire your Honors concurrence thereto.

JOHN HARVEY, Speaker

In the Assembly 5th March 1773.

This House taking into consideration the distressed situation of Robert Hamilton, a soldier in the late Expedition against the Insurgents, who by accident received a wound which in all probability will render him a cripple for life, Do therefore Resolve that the said Robert Hamilton be allowed the sum of twenty pounds, and that

-------------------- page 440 --------------------
the Treasurers or one of them pay him the same out of the contingent Fund and be allowed in his account with the Public.

JOHN HARVEY Speaker
By order
James Green Jr., Clk.

In the upper House 5th March 1773. Read, concurred with and sent back.
JAS. HASELL, P. C.

Received from the Assembly by Mr Gray and Mr Thompson the following Message and Resolve, vizt.

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing the Collectors of the duties on Rum, Wine and other spirits brought into this Province by Land the Commissions of twenty five per cent &ca, and desire your Honors concurrence thereto.

JOHN HARVEY Speaker,
By order.
James Green Jr Clk.

In the Assembly 5th March 1773

This House taking into consideration the Act of Assembly passed at Wilmington in the year 1754 for granting an Aid to His Majesty, a duty of four pence per gallon was laid on all wines rum and other spirits that should be brought into this Province either by land or water, and whereas large quantities of wine rum and other spirits are brought into this Province by Land for which no duty is collected by reason of the smallness of the commission allowed by Law for collecting and receiving the same,

Resolved that every Collector appointed by His Excellency the Governor to receive the said duty on wine rum and other Spirits brought into this Province by Land shall for the future be allowed a Commission of Twenty five per cent out of the money he shall so receive and pay according to the directions of said Act.

JOHN HARVEY Speaker.
By order
Jas Green Jr Clk.

In the upper House 5th March 1773. Read, Concurred with and sent back.
JAS. HASELL, P. C.
-------------------- page 441 --------------------

Received from the Assembly by Mr Smith and Mr Hatch the following Message and Resolve, Vizt.

Gentlemen of His Majestys Honble Council,

We herewith send your Honors a Resolve of this House for allowing His Excellency the Governor the sum of one hundred and ninety pounds and two pence and desire your Honors concurrence thereto.

JOHN HARVEY Speaker

In the Assembly 5th March 1773.

Resolved that His Excellency the Governor be allowed the sum of one hundred and ninety pounds and two pence for sundry disbursements by him expended for the accommodation of the Palace and that the Treasurers or either of them pay the same and be allowed in their accounts with the Public.

JOHN HARVEY Speaker.
By order
James Green, Jr. Clk.

In the upper House 5th March 1773. Read, concurred with and sent back
JAS HASELL, P. C.

The House adjourned till 10 oClock tomorrow morning.


Saturday Morning 6th March 1773.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Macknight and Mr Hooper the following message and resolve, vizt

Gentlemen of his Majestys Honble Council,

We herewith send you a Resolve of this House for allowing Col John Harvey Speaker one hundred pounds as a reward for his particular assiduity and attention to the business of this present Session of Assembly and desire your Honors concurrence thereto.

JOHN HARVEY Speaker.

In the Assembly 5th March 1773.
-------------------- page 442 --------------------

Resolved that Col. John Harvey Speaker be allowed one hundred pounds proclamation money for his extraordinary trouble, and as a reward for his particular assiduity and attention to the business of the House this present Session of Assembly, and that the Treasurers or either of them pay him the same immediately and be allowed the same in their accounts with the public.

JOHN HARVEY Speaker.
By order
Jas Green, Jr., Clk.

In the upper House 6th March 1773. Read, concurred with and sent back.
JAS. HASELL, P. C.

Received from the Assembly by Mr Shepard and Mr Gray the estimate thereof.

The House adjourned till 4 oClock this afternoon.

P. M. The House met according to adjournment

Present as in the morning.

On motion the Estimate of this House was taken under consideration approved of and sent to the Assembly for their Concurrence.

On motion the Estimate of the Assembly was read Concurred with and sent back.

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

His Excellency the Governor was pleased by a Message to both Houses of Assembly to Command their attendance in the Council Chamber at 5 oClock this afternoon—at which time they accordingly attended and the Speaker presented to His Excellency the following Bills for his assent vizt

A Bill for dividing this Province into six several districts and for establishing a Superior Court of Justice in each of the said districts and for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties within this Province and regulating the Proceedings therein.

The Bill to amend an Act for appointing Commissioners to build a Prison Pillory and stocks on the Lot whereon the Court House now stands in Duplin County.

The Bill to exonerate John Tygart and Francis Adams late Sheriffs of Tryon County from being Chargable with the Collection of Taxes taken into South Carolina.

-------------------- page 443 --------------------

The Bill to establish a Town on the Lands of Isaac Jones lying on the North West branch of Cape Fear River in Bladen County.

The Bill for erecting a public Gaol and Gaolers House in the Town of Wilmington for the district of Wilmington.

The Bill to dissolve the Vestry of Unity Parish in Guilford County.

The Bill for the relief of persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law.

The Additional Bill to an Act intituled an Act for establishing a School House in the Town of New Bern.

The Bill to prevent the crime of Horse Stealing.

The Bill for granting a bounty on the exportation of Pot and Pearl Ash.

The Bill for annexing the North part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct parish.

The Bill to encourage the destroying of vermin in the several Counties therein mentioned.

The Bill to continue an Act intituled an Act to direct Sheriffs in levying executions and the disposal of lands goods and Chattles taken therein.

The Bill to prevent the Wilful and malicious killing of slaves.

The Bill to prevent burning the Woods at unseasonable times of the year in the several Counties therein mentioned.

The Bill for regulating the attendance of the Minister of Christ Church Parish at the Parish Church in New Bern and at the several Chapels in the said Parish.

The Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and other purposes.

The Bill directing the Punishment of those persons who shall counterfeit the gold and silver coin circulating in this province and of those who shall utter the same or any false or Counterfeit debenture Bills in similitude of those emitted in the Years 1768 and 1771.

The Bill to prevent making hedges across the great Contentnea Creek, Little River of Pee Dee, Rockey River and Uahra River.

The Bill for erecting part of the Counties of Halifax and Tyrell into one distinct County and Parish and for other purposes.

The Bill for regulating the Town of Hertford and other purposes.

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The Bill directing the boundary line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

The Bill to impower the executors of John McKildo late Sheriff of Tyrell to collect the Arrears of Taxes due for the said County in the years therein mentioned.

The additional Bill to an Act for erecting a Court House and prison for the use of the district of Edenton.

The Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House.

The Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the 5th day of December in the year of our Lord 1768 intituled an Act 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 the Associate Justices of the said Superior Court.

The Bill to prevent hunting with a gun in the night by fire light.

The Bill for laying out a public road from Dan river through the Counties of Guilford, Chatham, and Cumberland to Campbelton and for a Public Road from the Shallow Ford in Surry County to join the same.

The Bill to alter the method of working upon the public roads in the County of New Hanover.

The bill for rendering the navigation of Trent River more useful and advantageous.

The Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province.

The Bill for the relief of insolvent debtors with respect to the imprisonment of their persons.

The Bill for impowering the Commissioners therein named to build a bridge over Trent River on the main Road leading from New Bern to Wilmington.

The Bill to amend an Act intituled an Act for the regulation of the Town of Salisbury securing the Inhabitants in their Possessions and to encourage the settlement of the said Town.

The Bill to continue the Tax imposed by an Act intituled an Act for building of Court House in the Town of Salisbury for the district of Salisbury.

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The Bill for Building a Gaol in Beaufort County.

The Bill for repairing the Gaol for the district of Halifax in the Town of Halifax.

The Bill for preventing persons who by devise or otherwise are invested with a life Estate in any slave or slaves or other Goods and chattels from doing injury to the person or persons in reversion

The Bill to amend an Act intituled an Act for settling the bounds of Land.

The Bill to amend an Act intituled an Act for the regulation of the Town of Hillsborough.

The Bill for cutting a navigable canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County.

The Bill for establishing a public seminary of Learning in the Western part of this Province.

The Bill to amend the staple of Tobacco and prevent Frauds in His Majesty's Customs.

The Bill for vesting in certain persons therein named two Acres of Land at the Indian Town in Currituck County as Trustees for building a Chapel thereon and for inclosing a burying ground.

The Bill to amend an Act for laying out a public road from the Frontiers of this Province to Campbelton.

The Bill for appointing Public Treasurers and directing their duty in Office.

The Bill for directing the method of appointing Jurors in all causes civil and criminal.

The Bill to prevent malignant and infectuous distempers being spread by shipping importing distempered persons into this Province.

The Bill to continue an Act intituled an Act to alter the method of working upon the roads in the County therein mentioned.

The Bill to regulate and ascertain the Fees of the Clerks of the Pleas in the Superior and Inferior Courts in this Colony directing the method of paying the same and for taxing Law Suits.

The Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province and regulating the proceedings therein.

The additional Bill to an Act to amend an Act intituled an Act to amend an Act for the better regulation of the Town of New Bern and for securing the Titles of Persons who hold lots in the said Town.

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To which said Bills His Excellency was pleased to give His Assent Except

The Bill to prevent the crime of horse stealing.

The Bill to continue an Act intituled an Act to direct Sheriffs in levying Executions and the disposal of Lands, Goods and Chattels taken thereon.

The Bill to prevent the willful and malicious killing of slaves.

The Bill to prevent burning the woods at unseasonable times of the year in the several counties therein mentioned.

The Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and other purposes.

The Bill directing the punishment of those persons who shall counterfeit the gold and silver coin circulating in this Province and of those who shall utter the same or any false or counterfeit debenture Bills in similitude of those emitted in the Years 1768 and 1771.

The Bill for erecting part of the Counties of Halifax and Tyrill into one distinct County and Parish and other purposes.

The Bill directing the boundary line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

The Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the 5th day of December in the year of our Lord 1768, Intituled an Act 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 the Associate Justices of the said Superior Courts.

The Bill for impowering the Commissioners therein named to build a bridge over Trent river on the main road leading from New Bern to Wilmington.

The Bill to amend an Act Intituled an Act for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of the said Town.

The Bill for preventing persons who by devise or otherwise are invested with a life estate in any slave or slaves or other goods and chattles from doing injury to the person or persons in reversion.

The Bill for cutting a navigable canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County.

The Bill for establishing a public seminary of learning in the Western part of this Province.

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The Bill to amend the staple of Tobacco and prevent frauds in his Majesty's Customs.

The Bill for vesting in certain persons therein named two Acres of Land at the Indian Town in Currituck County as Trustees for building a Chapel thereon and for enclosing a burying ground.

The Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons into this Province

The Bill for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province and regulating the proceedings therein.

Which he was pleased to Reject, and they were accordingly rejected.

Then His Excellency the Governor was pleased to prorogue the General Assembly until Tuesday the 9th Instant.