The Earl of Dartmouth one of His Maj. principal Secretarys of State attends [p. 57] Read a Memorial of Thomas Barker and Alexander Elmsly on behalf of the Assembly of North Carolina praying that certain alterations may be made in the Laws of that Province with repard to Attachments, County Courts and Fees, and submitting to the consideration of the Board the draught of a Bill for establishing a Superior Court which the Assembly desire the Governor may be instructed to pass into a Law.
Ordered that the above Memorial and the Bill accompanying it be referred to Mr Jackson for his opinion in point of law upon those parts which relate to Attachments and the extension of the jurisdiction of the Inferior Courts and that he be desired to make his Report before 18th May on which day it was agreed to take this matter into further consideration, and it was ordered that Messrs. Barker and Elmsly should have notice to attend on that day.
William Palmer Esq. to be appointed of the Council of North Carolina in the room of Robert Palmer Esq. who has desired leave to resign.
This day being appointed for taking into consideration the Memorial of Messrs Barker & Elmsly Agents for the Assembly of North Carolina in the matters referred to in the said Memorial the report of Mr Jackson upon those points of it which relate to Attachments and to the extension of the jurisdiction of the Inferior County Courts was read and Mr Jackson and their Lordships after full consideration came to the following resolutions thereupon Viz:
First. That it would not be advisable to allow Attachments of the effects of persons not residing within the Province or within the adjoining Provinces of South Carolina & Virginia in the manner proposed by the Assembly of North Carolina except only when proof should be made that the Defendant in any action the cause of which arose in Great Britain, Ireland or any other of the Plantations, had removod from his usual place of abode in order to avoid payment of his debt, and that in allowing Attachments in cases of Defendants residing in the adjoining Colonies of South Carolina & Virginia, due provision should be made by Law for giving such persons timely notice of the process.
Secondly. That it would not be advisable on any pretence to admit of the jurisdiction of the Supreme Court being limited or to allow a jurisdiction in the Inferior County Courts in Civil actions beyond what was suggested in Lord Dartmouth's letter to Governor Martin of 4th Aug. 1773.
Thirdly. That it might be advisable that Governor Martin should have the King's permission to assent to such a Regulation of the Fees to the Chief Justice as the Assembly should propose whenever a suitable permanent Salary should be annexed to that Office by Act of the Legislature there.
There being no reference from the Privy Council of the matter to which the above Resolutions refer, Lord Dartmouth was requested to lay the said Resolutions before his Majesty to the end that such Instructions might be given thereupon to Governor Martin as to His Majesty should seem meet.
The Secretary laid before the Board Letter from Governor Martin to the Board dated 24th March 1775, containing an account of the state of His Maj. Council for North Carolina and recommending persons fit to supply vacancies at that Board.
List of the Council.
Ordered that the Draught of a Representation to his Majesty be prepared, proposing that Wm. Dry Esq. one of the Council of the Province of North Carolina may be removed from his seat at that Board.
The Secretary laid before the Board the following, Viz:
Letter from Josiah Martin to the Earl of Dartmouth.
Minutes of Council 8—26 March 1774.
Do from 20th April to 25th August 1774.
Do from 8th Oct. 1774 to 24th April 1775.
Journal of Assembly 4—8 April 1775.
List of patents granted at July Court of Claims 1774.
Do in Feby & March Court of Claims 1775.
Copy of a Bill entitled an Act for the more regular & effectual payment of the Quit Rents due and owing in the Province of North Carolina &c.