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Colonial and State Records of North Carolina
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Report on bills
Lamb, Matthew, Sir, 1705?-1768
February 07, 1750
Volume 25, Pages 237-239

REPORT ON BILLS.

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To the Right Honourable the Lords Commissioners for Trade and Plantations.—

My Lords

In pursuance of your Lordships Comands signified to me by Mr. Hill's Letter of the 7th of November last wherein your Lordships are Pleased to desire my Opinion in Point of Law upon the Twenty one following Acts passed in North Carolina between November 1740 and October 1748, I have Perused and-Considered the same (vizt)

1. An Act To Fix a place for the Seat of Government and for Keeping Publick Offices For Appointing Circuit Courts and Defraying the Expence thereof And also For Establishing the Courts of Justice and Regulating the proceedings therein

This Act Repeals severall Acts therein mentioned which have heretofore been passed for Regulating and fixing the Method of Proceedings at Law And this Act is very Extensive in fixing the Method and Proceedings of all the Courts and Law Offices And all the Law Proceedings within this Province. But how far the Utility and Convenience thereof is found in this Province must appear from the Representations made to Your Lordships, And upon that it Appears to me, must Depend the Confirming this Act, And that this Act is of that Kind as has been usuall to Lett Lye by Probationary, to be under the Power of the Crown to be Repealed in Case any Inconvenience should appear to Arise therefrom

2. An Act For the better Ascertaining the Number of Members to be Chosen For the severall Counties within this Province to Sit in Generall Assembly And for Establishing a more Equall Representative of all His Majestys Subjects in the House of Burgesses.

This Act has been before Referred to me and I made my Report thereon to your Lordships the 25th September 1747, in which my objections are mentioned And Since then I have been Informed that several Applications have been made against the Confirming this Act on Account of those Objections, and other Representations that have been made against it.

3. An Act for Appointing Commissioners to Revise and Print the Laws of this Province And for Granting to His Majesty For Defraying the Charge thereof a Duty on Wine Rum and Distilled Liquors and Rice Imported into this Province.

No objection to this Act.

4. An Act To Repeal a Clause in An Act Intituled An Act for Erecting the upper part of Craven County into a County and Parish and for Appointing a Place For Building a Court House Prison and Stocks in the said County. And the Clause in an Act Intituled an Act For Dividing Edgecomb County and Parish and for Erecting the upper part thereof into a County and Parish by the Name of Granville County and St John Parish And for Appointing Vestrymen of the said Parish which Direct that all Publick County and Parish Levies due from any of the Inhabitants of the said County of Granville shall be Collected by the Sheriff of Edgecomb County And that all Publick County and Parish Levies due from any of the Inhabitants of the said County of Johnston shall be Collected by the Sheriff of Craven County so far as may Relate to the Taxes or Levys Laid and made payable for the year 1746.

No objection to this Act.

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5. An Act for Regulating the severall Officers ffees within this Province and Ascertaing the Method of paying the same

Acts of this Sort have usually Passed at Different times for Regulating Officers Fees. But there is a proviso in this Act Relating to the Discharge of Executions by Tender and payment of Inspectors Notes for Comodities which Method of Payment must be Submitted to your Lordships as I cannot get the Act to which it refers.

6. An Act to Appoint Publick Treasurers.

No objection to this Act.

7. An Act for Destroying of Vermin in this Province.

No objection to this Act.

8. An Act to Provide Indifferent Jurymen in all Causes both Civil and Criminall and for an Allowance for their Attendance.

No objection to this Act.

9. An Act To Enlarge the Time for the Commissioners of the Roads Appointed by the Act of Assembly Passed April 20th 1745 Intituled An Act for Impowering the severall Commissioners hereafter named To make mend and Repair All Roads and Bridges Cuts and Watercourses already Laid out or hereafter to be Laid out in the several Counties and Districts hereinafter Appointed in such manner as they Judge most usuall to the Publick To Recover the severall Sums due from Defaulters.

No objection to this Act.

10. An Act To alter the Times for Holding the Courts for the County of New Hanover.

No objection to this Act.

11. An Act for Laying a Tax on the Inhabitants of Granville County and For Appointing Commissioners To Compleat and finish the Publick Buildings already begun in the said County.

No objection to this Act.

12. An Act to Prevent the Exportation of Raw Hides—pieces of Hides and Calve Skins out of this Government.

No objection to this Act.

13. An Act to Appoint Commissioners to Continue Running the Boundary Line between Edgecomb County Tyrell and part of Beaufort Countys.

No objection to this Act.

14. An Act For Granting unto His Majesty the Sume of £21,350 Proclamation Money And for Stamping and Emitting the said Sume of £21,350 Public Bills of Credit of this Province at the rate of proclamation money to be Applyed towards Building Fortifications in this Province Payment of the Publick Debts Exchanging the Present Bills of Credit And for making Proper Provision for Defraying the Contingent Charges of the Government and for Repealing the Severall Laws hereinafter mentioned.

This Act in what it Relates to the Emitting of Bills of Credit having been so much under your Lordships Consideration, must be submitted, And also This Acts Repealing Severall other Acts that dont Seem to have any Relation to this Act, and without any Reasons given for the same.

15. An Act to Appoint an Agent To Solicite the Affairs of this Province at the Severall Boards in England.

No objection to this Act.

16. An Act To Alter and Amend An Act Intituled An Act for Appointing Commissioners To Revise and Print the Laws of this Province And for

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Granting to His Majesty for Defraying the Charge thereof a Duty on Wine Rum and Distilled Liquors And Rice Imported into this Province.

No objection to this Act.

17. An Act for Ascertaining the Bounds of a Certain Tract of Land Formerly Laid out by Treaty To the Use of the Tuscorora Indians so long as they or any of them shall Occupy And Live upon the same And to Prevent any person or persons Taking up Lands or Settling within the said Bounds by Pretence of any Purchase or purchases made or that shall be made from the said Indians.

No objection to this Act.

18. An Act For Forming a Rent Roll of all the Lands holden in this Province For Quieting the Inhabitants in their Possessions and for directing the Payment of Quitt Rents.

No objection to this Act.

19. An Act for Defraying the Expence of the Members of His Majesty's Honoble Council And the Members of the General Assembly of this Province in their Travelling to and from and Attending at the said Assemblys and To Compell their Attendance.

No objection to this Act.

20. An Act for the better Regulating the Town of New Bern, for Fencing the same, and Securing the Titles of the Severall Persons who hold Lotts in the said Town.

No objection to this Act.

21. An Act to Appoint a Convenient Place for holding the County Court of Granville and to Impower the Commissioners hereafter named to Build a Court house Prison and Stocks in the said County.

No objection to this Act.

Upon Perusall and Consideration of these Acts I have no other Objection to make thereto then are before mentioned

and am My Lords
Your Lordships Most Obedient Humble Servant
MAT. LAMB.

Lincoln's Inn,

7 Febr'y, 1749.

ENDORSED:
NORTH CAROLINA.

Mr. Lamb's Report upon 21 Acts Passed in the Province of North Carolina between Novr. 1746 and October 1748. Dated ye 7th of Febry. 1749-50.

Rec'd Febry ye 13th 1749-50.

Read April ye 3rd 1750.

B. 97.