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to be sent to the Council.

Sent by Mr M°Culloh and Mr Hunter.

Mr Martin from the Committee to report what Laws are expired
&c°' presented a Bill to enable the Justices in the several Counties
of this Colony to make provision for the poor where the Vestries in
their respective parishes have neglected to do the same, which he
read in his place and delivered in at the Table where the same was
again read, passed, and ordered to be sent to the Council.

Sent by Mr B. Harvey and Mr Benbury.



900 COLONIAL RECORDS.



Received from the Council the following Bills, Viz',

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

The Bill to continue an Act, Intitled an Act to amend an Act
Intitled an. Act for the regulation of the Town of Wilmington.

The Bill for further continuing an Act intitled an Act for appoint-
ing a printer to this province.

The Bill for dividing the parish of Edgecomb in the. County of
Halifax into two distinct parishes.

The Bill for dividing the parish of St Marys in the County of
Edgecomb into two distinct parishes.

The Bill to amend an Act for laying out a Town on the lands of
Richard Evans in Pitt County &c°'. Endorsed in the upper House
11* March 1774. Read the first time and passed.

The Bill to amend an Act, Intitled an Act for building a court
House in the Town of Salisbury for the district of Salisbur}?-.

The Bill for the more effectual obtaining an exact list of Taxables
for the Towii of Newbern &c°'. Endorsed, In the upper House 11'"
March 1774. Read the second time, amended and passed.

The Bill for appointing Commissioners to erect a Court House,
prison and stocks in the County of Guilford.

The Bill for establishing Triennial Assemblies.

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

The Bill in addition to an Act, Intitled an Act to encourage the
destroying of vermin &c*. Endorsed in the upper House, ll""
March 1774. Read the first time and passed.

The Bill in addition to an Act- Intitled an Act to prevent the
exportation of unmerchantable commodities.

The Bill to impower the Justices of Anson County to establish
free .ferries and lay a tax for defraying the charges thereof.

Endorsed in the upper House 11"' March 1774. Read the second
time and passed.

The Bill to amend an Act Intitled an Act for repairing the gaol
for the District of HaHfax in the Town of Halifax. Endorsed, In
the upper House 11'" March. Read the third time and passed.
Ordered to be engrossed.

Mr Martin from the Committee appointed to enquire what Laws
are expired or near expiring &g\ Reported that the Law for appoint-
ing Vestries will expire at the end of this Session of Assembly, and
that its importance calls for its further continuance and hatino-



COLONIAL RECORDS. 901



taken into consideration the state of the poor of this Colony, are
of opinion that a proper provision is not made for them by the
Laws and recommend that the Vestries of each respective Parish
ia this Colony be invested with powers and Authorities to erect and
build a poor house in the same, and levy a tax on its inhabitants
for the purpose aforesaid, when by the said vestry it shall be judged
convenient and necessary..

And that the poor of this Province may never want support, we
further recommend that when any Vestry has or hereafter shall fail
to make provision for the same that the Court of the County in
which such parish is included should be invested with that necessary
power and authority as the vestry of the same in such case might
have had.

There are other Laws of consequence to this Colony which have
expired, or are near expiring, which^we beg leave to have time to
take under further consideration. ANDREW KNOX,

' ALEX. MARTIN,
THO= JONES,

Received from the Council the following message. Viz',

Mr Speaker and Gentlemen of the Assembly,

Upon the third reading of the Bill for establishing Superior
Courts, This House do not agree to the amendments you have made,
and propose a temporary relief to the present distressed state of the
Province that the establishment of Courts of Justice, the Law of
foreign attachments, and the repeal of the Bill of 1748, be all in
separate Acts; that the establishment of Courts be only for a year,
and that the attachment Law be drawn up as shall be most agree-
able to your House, as also the repeal of the fee Bill, both pass under
a suspending clause. This House requests the opinion of your
House upon this proposal.
In the upper House 11" March, 1774.

On a question whether this House should agree to the Council's
Message upon their reading the Superior Court Bill for the third
time, as far as respects foreign attachments, the Yeas and Nays were
ordered to be taken, and are as follows, to wit,



902



CC)LONIAL RECOEDS.



Mr Allen Jones
Mr Tho' Person
Mr Macnair
Mr Polk
Mr Lanier
Mr Lock.

Mr Ashe
Mr Macknight
Mr M^CuUoli
Mr Stanley
Mr M°Alister
Mr Edwards
Mr Ormond
Mr Coor
Mr Hatch
Mr Hunter
Mr Everigin
Mr J. Johnston
Mr Hooper
Mr Howe
Mr Williamson
Mr J. Rowan
Mr Harnett

On the questions
the fees of the Chief
the Yeas and Nays
to wit,

Mr Sam' Johnston
Mr Hooper
Mr A, Jones
Mr Hovey
Mr Benbury
M:r Bright
Mr Macnair
Mr Field
Mr Oldham



Yeas :

Mr Bright ,

Mr Martin
Mr Tignal Jones
Mr Rutherford
Mr C. Robinson

Nays :
Mr B. Harvey
Mr Benbury
Mr S. Johnston
Mr Knox
Mr J. Jones
Mr Salter
Mr Simpson
Mr Thompson
Mr Cray
Mr F. Campbell
Mr Oldham
Mr Alston
Mr T. Robeson
Mr Smithwick
Mr Spicer
Mr Hovey
Mr M'Anallv



Mr W. Moore
Mr Hunt
Mr Rogers
Mr Field
Mr Gray



Mr Hart
Mr Frazier
Mr Stewart
Mr Jordan
Mr Hearring
Mr Perkins
Mr Haywood
Mr Spruil
Mr Ward
Mr Parker
Mr W" Person
Mr Shepard
Mr Tho' Jones
Mr Kenan

and
Mr Reding.



being put on the Council's Message respecting
Justice being deled in the Superior Court Bill
were ordered to be taken, and are as follows,



Yeas :
Mr Tho= Person
Mr W"° Person
Mr Hunt
Mr Simpson
Mr Martin
Mr Macknight
Mr Moore
Mr Perkins



Mr M° Anally

Mr Lock

Mr Rutherford

Mr G. Robinson

Mr Rogers

Mr Gray

Mr Hearring

Mr WiJiiamson — 25.



COLONIAL RECORDS.



903



/



Mr Harnett
Mr B. Harvey
Mr M^Culloh
Mr Spruil
Mr Ward
Mr Polk
Mr Reeling
Mr Knox
Mr Shepard
Mr J. Johnston
Mr Hatch
Mr Howe
Mr Jordan



Nays :
Mr Ashe
Mr Thompson
Mr Hart
Mr Frazier
Mr Haj^wood
Mr Lanier
Mr Stanley
Mr Ormond
Mr Spicer
Mr T. Robinson
Mr F. Campbell
Mr Everigin
Mr Hunter



Mr T. Jones

Mr Cray

Mr Smithwick

Mr I. Rowan

Mr Salter

Mr J. Jones

Mr Coor

Mr Parker

Mr M°Alister

Mr Kenan

Mr Tignal Jones

Mr T. Stewart— 38.



Then on motion ordered the following message be sent to the
Council, Viz'

Gentlemen of His Majesty's Honble Council,

This House have considered your message of this day relative to
the Bill for establishing a Superior Court, and observe with sincere
concern, that the proposals made by you with respect to establish-
ment of Courts, are such as offer nothing more favourable to the
inhabitants of this Province, than what they rejected at the last
session of this Assembly. With respect to thg foreign attachments
being made the subject of a Law distinct from the general body of
the Court Laws, and that under a suspending clause, we can by no
means assent to it, as it leaves this important point which has
been so zealously and justly contended for by this House in a situa-
tion which affords not the smallest probability of our hereafter
obtaining it upon the ample and liberal footing which the trade of
this Province and the relation it has to the neighbouring Colonies
require.

The clause relative to the fee Bill we cannot relinquish as it gives
a mode of provision for the Chief Justice, precarious in itself, and
not s^Tited to the dignity of that respectable office.

We have already a law in force which gives a liberal salary to
that officer, and upon the expiration thereof, we shall not fail again



W}

!i|i*;



904 COLONIAL RECORDS.



to provide a salary in a manner that may not be unworthy the
acceptance of the Chief Justice of this Province.

JOHN HARVEY, Sp.

Then the House adjourned till tomorrow morning 10 "Clock.

Saturday, 12"" March 1774.

The House met according to adjournment.

Ordered the Bill for further continuing an Act Intitled an Act for
appointing a printer to this Province be read the second time. Read
the same a second time, passed, and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Shepard.

The Bill for erecting part of the Counties of Halifax and Tyrril
into one distinct County and Parish. Read the second time,
amended, passed and ordered to be sent to the Gouneil.

Sent by Mr Stewart and Mr Spruil.

The Bill to amend an Act Intitled an Act for building a Court
house in the Town of Salisbury for the District of Salisbury. Read
the third time, passed and ordered to be sent to the Council.

Sent by Mr Stuart and Mr Spruil.

The Bill for the more effectual obtaining an exact list of taxables
for the Town of Newbern, for compelling the inhabitants of the said
Town to pay their Taxes and for other purposes therein mentioned.
Read the third time, amended, passed, and ordered to be sent to
the Council.

Sent by Mr Coor and Mr Frazier.

Received from the Council the Bill to enable the Justices of the
several Counties of this Colony to make provision for the poor where
the vestries in their respective parishes- have neglected to do the
same. Endorsed in the upper House 12* March 1774. Read "the
first time and passed.

The Bill directing the duty of Sheriffs with respect to insolvent
" Taxables.

The Bill to prevent counterfeiting the paper money of this, and
the other British Colonies, and to prevent counterfeiting the gold
and silver coin, circulating in this Province.

The Bill to amend an Act Intitled an Act for Building a Court
House in the Town of Sahsbury for the District of Salisbury.

The Bill for- the more effectual obtaining an exact list of taxables
for the ToAvn of Newbern, for compelling the Inhabitants of the






COLONIAL RECORDS. 9Q5



said Town to pay their Taxes, and for other purposes therein men-
tioned.

The Bill to impower the Justices of Anson County to establish free
Ferries and lay a Tax for defraying the charges thereof. Endorsed,
In the upper House 12'" March 1774. Read the third time and
passed. Ordered to be engrossed.

On motion ordered the Bill of pardon and oblivion to the persons
concerned in the late insurrection except such persons as are therein
excepted, be read the second time. Read the same a second time,
amended, passed and ordered to be sent to the Council.

Sent by Mr Field and Mr Parker.

The Bill to inforce an Act Intitled an Act to encourage the
destroying of vermin in the several Counties therein mentioned,
passed in the year 1773, read the second time, amended, passed
and ordered to be sent to the Council.

Sent by Mr T. Robinson and Mr Perkins.

The Bill to amend and further continue an Act intitled an Act
concerning Vestries, read the second time, amended, passed and
ordered to be sent to the Council.

Sent by Mr T. Person andMr Rogers.

The Bill for appointing Commissioners for building a Court Hotfse,
prison and stocks for the County of Tryon, and for establishing a
boundary line between the Counties of Tryon and Mecklenburg,
read the second time, passed and sent to the Council.

Sent by Mr "VVm. Moore and Mr Jordan.

Mr Polk presented the Bill for establishing the Court House in
the Town of Charlotte in Mecklenburg County and for regulating
the said Town. Read the first time, passed and ordered to be sent
to the (^ouncil.
■ Sent by Mr Polk and Mr Lanier.

Mr Lanier moved for leave to present a Bill to amend an Act for
dividing the Northern part of Rowan County and erecting a new
County by the name of Surry County and St. Jude's parish.

Ordered he have leave accordingly.

Mr Lanier presented the said Bill which he read in his place and
delivered in at the Table where the same was again read, passed
and ordered to be sent to the Council.

Sent by Mr Polk and Mr Lanier.

Ordered the Bill to amend an Act Intitled an Act for the better
observation and keeping of the Lord's day commonly called Sunday,



906 COLONIAL RECORDS.



and for the more effectual suppression of vice and immorality be
read the second time. Read the second time and rejected.

Mr Rogers moved for leave to present a Bill to facilitate the navi-
gation of Neuse River.

Ordered he have leave accordingly.

Mr Rogers presented the said Bill which he read in his place and
delivered in at the Table where the same was again read, passed
and ordered to be sent to the Council.

Sent by Mr Tignal Jones and Mr Rogers.

On motion ordered the Bill directing the duty of Sheriffs with
respect to insolvent Taxables be read the third time. Read the
same a thi(rd time,, amended, passed and ordered to be sent to the
Council.

Sent by Mr Tignal Jones and Mr Rogers.

The Bill for dividing the parish of Edgecomb in the County of
Halifax into two distinct parishes. Read the second time, passed,
and ordered to be sent to the Council.

Sent by Mr M°Culloh and Mr Stewart.

The Bill to explain an Act for erecting a Parish in Chatham
County by the name of St. Bartholomew. Read the second time,
amended, passed and ordered to be sent to the Council.

Sent by Mr M'CuUoh and Mr Stewart.

Mr Thomas Robeson moved for leave to present a Bill to amend
an Act Intitied an Act for building public Mills and directing the
duty of Millers.

Ordered he have leave accordinglj'-.

Mr Robeson presented the. said Bill which he read in his place
and delivered in at the Table where the same was again read,
passed, and ordered to be sent to the Council.

Sent by Mr Tho= Robeson and Mr Picket.

Mr Bright moved for leave to present a Bill to prevent the per-
nicious practice of hunting with a gun in the night by firelight.

Ordered he have leave accordingly.

Mr Bright presented the said Bill which he read in his place and
delivered in at the Table where the same was again read, passed,
and ordered to be sent to the Council.

Sent by Mr Tho= Robeson and Mr Picket.

Ordered the Bill to prevent counterfeiting the paper money of
this and the other British Colonies and to prevent counterfeiting
gold and silver coin circulating in this Province be read- the second



COLONIAL RECORDS. 907



time. Read the same a second time, passed, and ordered to be sent
to the Council.

Sent by Mr Tho° Robeson and Mr Picket.

The Bill to amend an Act for laying out a Town on the lands
of Richard Evans in Pitt County &c^ read the second time, amended,
passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr I. Jones.

The Bill to impower the Justices of Anson County to establish
free ferries and lay a Tax for defraying, the charges thereof, read
the third time, passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr I. Jones.

The Bill for altering the dividing lines between the Counties of
Rowan and Mecklenburg, read the third time and rejected.

The Bill to, discontinue the poll Tax of one shilling and duty of
4* 1^ gallon on rum, wine and other spiritous liquors, read the
second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Kenan and Mr Smith wick.

The Bill in addition to an Act Intitled an Act to prevent the
exportation of unmerchantable commodities, read the third time,
passed and ordered to be sent to the Comicil.

Sent by Mr Ormond and Mr Coor.

The Bill to amend an Act Intitled- an Act for preventing the fre-
quent abuses in taking up and secreting straj'- horses in the Coun-
ties &c*, rfead the second time, passed and ordered to be sent to the
Council.

Sent by Mr Ormond and Mr Coor.

Mr Thomas Person moved for leave to present a Bill directing the
method of appointing Jurors in all causes civil and Criminal.

Ordered he have leave accordingly.

Mr Tho' Person presented the said Bill which he read in his place
and delivered in at the Table where the same was again read, passed
and ordered to be sent to the Council.

Sent by Mr Tho' Person and Mr Hunt.

Ordered the Bill for dividing tha Parish of St. M-ary's in the
County of Edgecomb into two distinct Parishes be read the second
time. Read the same a second time, amended, passed and ordered
to be sent to the Council.

Sent by Mr Martin and Mv Field.

The Bill for appointing commissioners to erect a Court House,



908 COLONIAL RECORDS.



prison and Stocks in the County of Guilford, read the second time,
passed and ordered to be sent to the Coufncil.

Sent by Mr Martin and Mr Field.

Received from the Council the following Bills Viz',

A Bill for further continuing an Act Intitled an Act for appoint-
ing a printer to this Province.

A Bill to amend and further continue an Act Intitled an Act con-
cerning Vestries.

A Bill for appointing Commissioners for building a Court House
prison and stocks for the County of Tryon, arid for establishing a
boundary line between the Counties of Tryon and Mecklenburg.

A Bill of pardon and oblivion to the persons concerned inthe late
Insurrection except such persons as are therein excepted.

A Bill to explain an Act for erecting a Parish in Chatham County
by the name of St. Bartholomew.

A Bill to enforce an Act Intitled an Act to encourage the destroy-
ing of vermin in the several Counties therein mentioned, passed in
the year 1773.

A Bill to amend an Act for laying out a Town on the Lands of
Richard Evans in Pitt County by the name of Martinborough, and
for removing the court house, prison and stocks into the said Town.
Endorsed, In the upper House 12"^ March, 1774. Read the second
time and passed. #*,,i

A Bill for dividing the parish of Edgecomb in the County of Hal-
ifax into two distinct Parishes.

A Bill to enlarge the time of saving lots in the Town of Windsor,
for erecting a court house, prison and stocks for the County of Ber-
tie in the said Town and other purposes.

A Bill for erecting parts of the Counties of Halifax and Tyrrell
into one distinct County and parish. Endorsed, In the upper House
12'" March, 1774. Read the second time, amended and passed.

A Bill to amend an Act Intitled an Act for building public mills
and directing the duty of Millers.

A Bill to facilitate the navigation of Neuse River.

A^Bill for establishing the Court House in the Town of Charlotte
in Mecklenburg County for regulating the said Town.

A Bill to amend an Act for dividing the northern part of Rowan
County, and erecting a new County by the name of Surry County,
and St Jude's parish, and
A Bill to prevent the pernicious practice of hunting with a gun



COLONIAL RECORDS. 909



in the night by firelight.' Endorsed, in the upper House 12* March
1774. Read the first time and passed.

Mr Francis Nash, one of the Members for Orange County, and Mr
Jam.es Picket, one of the Members for Anson County, appeared.

Then the House adjourned till Monday morning 10 "Clock.

Monday 14* March 1774.

The House met aecbrding to adjournment.

On motion ordered the Bill to oblige the prosecutors of ofiences
not Capital, to pay the Costs of prosecution where the defendant
shall be acquitted, be read the second time. Read the same a sec-
orid time, amended, passed and ordered to be sent to the Council.

Sent by Mr Hunt and Mr Tho° Robeson.

Mr Rothenus Latham appeared.

On motion ordered the Bill for erecting part of the Counties of
Halifax and Tyrril into one distinct County and Parish be read the
third time. Read the same a third time, passed, and ordered to be
sent to the Council. s|:v

Sent by Mr Smithwick and Mr Frazier.

The Bill for -further continuing an Act Intitled an Act for appoint-
ing a printer to this Province. Read the third time, ameiLded,
passed and ordered to be sent to the Council.

Sent by Mr Smithwick and Mr Frazier.

The Bill for establishing the Court House in the Town of Char-
lotte in Mecklenburg County and for regulating the said Town.
Read the second time, amended, passed, and ordered to be isent to
the Council

Sent by Mr Polk and Mr Parker.

The Bill for enlarging the time of saving lots in the Town of _
Windsor, for erecting a court house prison and stocks for the
County of Bertie in the said Town, and other purposes. Read the
third time, passed and ordered to b^ sent to the Council.

Sent by Mr J. Johnston and Mr Lanier.

The Bill to amend an Act for dividing the Northern part of Rowan
County and erecting a New County by the name of Surry County
and St. Jude's parish. Read the second time, passed, and ordered
to be sent to the Council.

Sent by Mr J. Johnston and Mr Lanier.

The Bill ta enforce an Act Intitled an Act to encourage the
destroying of Vermin in the several Counties therein mentioned.



910 COLONIAL RECORDS.



passed in the year 1773. Read the third time, amended, passed,
and ordered to be sent to the Council.

Sent by Mr Williamson and Mr Bright.

The Bill to explain an Act for erecting a Parish in Chatham
County by the name of St Bartholomew. Read the third time,
passed, and ordered to be sent to the Council.

Sent by Mr Parker and Mr M" Anally.

The Bill for appointing Commissioners for building a Court
House, prison and stocks for the County of Tryon and for estab-
lishing a boundary line between the Counties of -Tryon and Meck-
lenburg. Read the third time, amended, passed, and ordered to be
sent to the Council.

Sent by Mr W° Moore and Mr Perkins.

The Bill to prevent the wilful and malicious 'killing of slaves.
Read the second time, passed, and ordered to be sent to the Council.

Sent by Mr Orlnond and Mr Latham.

Received from the Council the follswing Bills, Viz',

The Bill for further continuing an Act Intitled an Act for appoint-
ing a printer to this Province.

The Bill for erecting part of the Counties of Halifax and Tyrrel
into one distinct County and parish.

The Bill for enlarging the time of saving lots in the Town of
Windsor. Endorsed, In the upper House 14"" March 1774. Read
the third time and passed; Ordered to be engrossed.

The Bill to amend an Act Intitled an Act for preventing the fre-
quent abuses in taking up and secreting stray horses in the Counties
of, &c'. Endorsed, In the upper House 14* March 1774. Read the
second time and passed.

Mr Allen Jones and Mr Macnair having obtained leave to absent
themselves from the service of 'the House the 12'" Instant, but upon
their frequent appearing in the Plouse since such leave, Mr Harnett
moved that their leave be withdrawn, and that they take their seats
again, which passed in the affirmative. ^

Received from the Council the following Bills, Viz',

Th^ Bill for dividing the Parish of Edgecomb in the County of
Halifax into two distinct Parishes.

The Bill for appointing commissioners for building a court house, ■
prison and stocks for the County of Tryon, and for establishing a
boundary line between the Counties of Tryon and Mecklenburg.

The Bill to enforce an Act Intitled an Act to encourage the



COLONIAL RECORDS. 911



destroying of vermin in the several counties therein mentioned,
passed in the year 1773, and.

The Bill to explain an Act for erecting a parish in Chatham Countj
by the name of St. Bartholomew.

Endorsed in the upper House 14"' March, 1774. Read the, third
time and passed. Ordered to be engrossed.

The Bill for establishing a Court House in the Town of Charlotte
in Mecklenburg County and for regulating the said Town.

The Bill to amend aii Act for dividing the Northern part of
Rowan County and erecting a new County by the name of Surry
County and St. Jude's parish.

The Bill for dividing the Parish of St Mary's in the County of
Edgecomb into two distinct Parishes, and,

The Bill for appointing commissioners to erect a court house,
prison and stocks in the County of Guilford.

Endorsed, In the upper House H"" March 1774. Read the second
time and passed.

The Bill to oblige the prosecutors of offences not capital to pay
the costs of prosecutions where the defendant shall be acquitted.
Endorsed, In the upper House 14'" March 1774. Read tlie second
time, amended and passed.

Mr Martin from the Committee appointed to enquire what Laws
are expired or near expiring, cfec", reported as follows. Viz',

We your Committee having taken into consideration "an Act
Intitled an Act to encourage the culture of Hemp and Flax and
other purposes," which expired in the year 1772, are of opinion that
those valuable articles of commerce in this rising Colony ought still
to be encouraged by Legislative bounty, do recommend that the



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