USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 24
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ومخلدون
1039
THE DELAWARE STATE, 1787.
A VERBAL MESSAGE FROM THE HOUSE OF ASSEMBLY TO THE COUNCIL.
Gentlemen :
The House of Assembly propose to the honorable the Council that both Houses meet, in the Council Chamber, forthwith, for the purpose of nominating and balloting for Deputies to attend the proposed convention for revising the Federal Constitution; for an Auditor for this State, and for a Delegate to Congress, to supply the place of Gunning Bedford, the elder, Esq., who hath declined to accept of that appointment.
Saturday, P. M., Feb. 3, 1787.
The committee to whom the bill for raising £10,500, &c., was committed, now brought in their report; which was read.
Upon the motion being made and seconded, that Council should proceed presently to the consideration of the said report, the question was put, and the yeas and nays were required by Mr. Tilton, and are as follows:
Yeas-Mr. Tilton, Mr. Snow, Mr. Neill, Mr. Vandyke. Nays-Mr. Read, Mr. Baning, Mr. Polk, Mr. Laws.
So the House being divided, the Speaker gave his vote against the motion.
Ordered, That Mr. Polk wait upon the House of Assembly with the act appointing Deputies, &c., with the paper of amend- ments proposed by that House to the said bill, and an amend- ment proposed by Council to the first mentioned amendments;
Who, being returned, reported the delivery thereof.
Mr. Davis, a member of Assembly, attending, was admitted and delivered to the Chair the memorial and appeal of George Read, with the several papers accompanying the same, together with the decision of that House on the said appeal, which follows. The papers severally were read.
IN THE HOUSE OF ASSEMBLY, February 3, 1787.
The House took into consideration that part of the Auditor's report from which George Read, Esq., appealed; and thereupon
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Resolved, in favor of the appellant, that the sum of twenty- six pounds five shillings be added to the sum reported by the Auditor to be due from this State to the said George Read.
JAMES BOOTH, CU'k of Assembly.
Concurred in by Council.
JAMES SYKES, Cl'k of Council.
On motion,
Ordered, That Mr. Laws wait on the House of Assembly with the engrossed bill for incorporating religious societies, which, by order, had been signed by the Speaker of Council; also the sev- eral papers concerning Mr. Read's demand against the State, the resolution thereon, to which Council had agreed;
Who, being returned, reported the delivery thereof.
Ordered, That Mr. Neill wait upon the House of Assembly with the bill appointing Deputies, &c.
Ordered, That Mr. Snow wait on the House with the following verbal message:
Gentlemen :
The Council agree to the proposition contained in your verbal message of this afternoon to meet, in the Council Chamber forth- with, for the purpose of nominating Deputies to attend the pro- posed convention for revising the Federal Constitution, and for an Auditor for this State, and a Delegate to Congress, to supply the place of Gunning Bedford, Esq., the elder, who hath declined to accept of that appointment.
Doct. Evans, a member of Assembly, was admitted and deliv- ered to the Chair the several laws passed at this sitting, with a resolution for affixing the Great Seal thereunto.
Adjourned to 10 o'clock on Monday morning.
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1041
THE DELAWARE STATE, 1787.
MONDAY, February 5th, A. M.
Council met. Present all the members.
Council proceeded to take into consideration the report of the committee on the bill entitled "An act for raising £10, 500 for the service of the year 1787," and after sundry debates thereon, a question was proposed and put, " Do Council agree to the report so far as relates to providing for the requisition of Congress of the 2d of August last for 56,512 dollars?" which passed in the nega- tive.
On motion of Mr. Tilton, that the yeas and nays on. the above question be entered on the minutes, it was ordered accordingly, and are as follows, to wit:
Yeas-Mr. Vandyke, Mr. Tilton, Mr. Snow.
Nays-Mr. Neill, Mr. Polk, Mr. Baning, Mr. Read, Mr. Laws. Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present all the members, and resumed the consideration of the bill for raising {10,500 for the service of the year 1787, and sundry amendments were proposed and agreed to to Section 17, inclusive. Then, upon reading Sections 18 and 19, a motion was made for introducing an amendment to precede the said Sections 18 and 19, as follows, to wit: "An act for extending the time for collection of the unpaid State tax directed to be raised in the year 1786;" in order to form those two sections, viz: 18 and 19, into a separate act; and, upon the question, it was determined in the affirmative.
Whereupon the yeas and nays were required by Dr. Tilton, and they are as follows:
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For the affirmative-Mr. Read, Mr. Neill, Mr. Laws, Mr. Polk, Mr. Snow.
For the negative -- Mr. Tilton, Mr. Vandyke, Mr. Baning.
Then the question being put upon the said sections thus made into a separate act, it was determined in the affirmative, and the yeas and nays being called for were the same as on the next pre- ceding motion.
Ordered, That Mr. Neill wait on the House of Assembly with the last mentioned bill and the amendments proposed thereto by Council, for the consideration and concurrence of that House.
Who, being returned, reported the delivery thereof.
Mr. Porter, a member of Assembly, attending, was admitted and delivered to the Chair resolutions for ascertaining the allow- ance to the Delegates in Congress, which, by order, were read, and follow in these words:
IN THE HOUSE OF ASSEMBLY, February 5, 1787.
On motion,
Resolved, That each of the Delegates from this State to the Congress of the United States be allowed the sum of forty shil- lings for every day he shall attend in Congress or any committee thereof, and also the same sum per day for traveling charges in going thereto and returning therefrom. And that each Deputy from this State to the Convention proposed to be held at the City of Philadelphia, for the purpose of revising the Federal Constitu- tion, be allowed the like sum for every day he shall attend the same, and also the same sum per day for traveling charges in going thereto and returning therefrom.
Resolved also, That the President or Commander-in-Chief of this State for the time being, upon each Delegate or Deputy producing an account of his attendance, be and is hereby author- ized to draw an order on the State Treasurer, indorsed on such account, for the payment of the same; which account, with the order and receipt, shall be a sufficient voucher for the Treasurer in the settlement of his account.
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
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THE DELAWARE STATE, 1787.
On motion, by order, the resolutions of the House of Assembly declaring the allowance to the Delegates from this State to Con- gress, and the Deputies to the Convention for revising the Federal Constitution, were read, and an amendment proposed and agreed to.
Ordered, That Mr. Laws wait on that House with the same for concurrence.
Mr. Duff, a member of the House of Assembly, was admitted and delivered to the Chair the following papers, to wit: A letter from the Auditor, of this day, also reports of the Auditor, of the 2d February, 1785, 4th November, 1785, 14th and 20th January, 1786, and 15th January, 1787, and do. on the petition of Esther Mackey, of same date.
Mr. Shankland, a member of the House of Assembly, was ad- mitted and returned the resolutions for ascertaining the allowance to the Delegates, &c.
Adjourned to 10 o'clock to-morrow morning.
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TUESDAY, February 6th, A. M.
The order in favor of John McKinly, by order, was signed by the Speaker.
Mr. Shankland, a member of Assembly, attending, was admit- ted and delivered to the Chair two engrossed bills, the one for extending the time of collection of the unpaid State tax directed to be raised in the year 1786, the other, the bill entitled "An act for raising {10,500 for the service of the year 1787;" a resolution of the House of Assembly for affixing the Great Seal to the above laws; also a resolution of said House instructing the Delegates to Congress from this State to urge Congress to direct the Commis- sioner of the Continental Loan Office of this State to receive the indents that may be collected from the citizens from this State in discharge of the requisition of Congress of the 27th September, 1785.
The resolution respecting the Great. Seal was concurred in, and the above laws were, by order, signed by the Speaker and
pro clics
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sent to the House of Assembly by Mr. Laws, and the resolution for affixing the Great Seal;
Who, being returned, reported the delivery thereof.
The Council allowed the following accounts:
To the Honorable George Craghead, Esquire, for 25
days' attendance and mileage,
£ 26 16
0
To George Read, Esq., for do. do., 18 6 o
To Nicholas Vandyke, Esq., for do. do.,
14 19 4
To Silas Snow, Esq., for do. do.,
14 14 8
To James Tilton, Esq., for do. do., I5
12 O
To John Baning, Esq., for do. do.,
15 12 O
To Henry Neill, Esq., for do. do.,
I3 10 O
To Daniel Polk, Esq., for do. do.,
16 6 O
To Alexander Laws, Esq., for do. do., 16 2 O
To James Sykes, Clerk, for 26 days' attendance, and . for engrossing, paper, &c., 23 13
To Mrs. Elizabeth Battell, for the use of a room, fire- wood and candles,
20 0 0
To James Newnam, Doorkeeper and Sergeant-at- Arms,
9.15 0
£205
6 4
Additional allowance for 3 days after attendance, . 20 3 6
Total amount, £225 9 10
To the Honorable George Craghead, Esq., 2
14
O
To George Read, Esq ..
I 16 0
To Nicholas Vandyke, Esq.,
I 16 0
To Silas Snow, Esq., .
I 16 0
To James Tilton, Esq.,
16 0
To John Baning, Esq.,
I 16
O
To Henry Neill, Esq.,
I 16
0
To Daniel Polk, Esq.,
I 16 O
To Alexander Laws, Esq.,
I
16 0
To James Sykes, Clerk, .
I
19 O
To James Newnam, Doorkeeper, &c.,
I
2 6
£20
3 6
4
0
IO45
THE DELAWARE STATE, 1787.
Ordered, That Mr. Snow wait on the House of Assembly with the several reports of the Auditor, agreed to by Council, and a resolution of Council, drawn thereon, empowering the President or Commander-in-Chief to draw orders in favor of the respective persons for the several sums as in those reports are mentioned and specified upon the State Treasurer, payable out of any money in his hands not heretofore specially appropriated;
Who, being returned, reported the delivery thereof.
Council being informed, by the verbal message of the House of Assembly, that the honorable the House of Assembly had this day adjourned the present sessions to Monday, 28th day of May next, on motion,
Resolved, That Council do now adjourn to the same day.
VOTES AND PROCEEDINGS OF THE
COUNCIL OF THE DELAWARE STATE.
1
ADJOURNED SESSION, MAY, 1787.
MAY 28th, 1787.
A sufficient number of the members not having met to form a quorum on that day, they adjourned from day to day until Thursday, the 31st of the same month, when there appeared as follows:
For New Castle County-George Craghead, Esq., Speaker. For Kent County-James Tilton, Silas Snow, John Baning.
For Sussex County- Daniel Polk, Alexander Laws.
On motion, by order, the bill entitled "An act laying an impost on spirituous liquors imported into this State, and for other pur- poses," was read and referred to a committee of three, to wit: Messrs. Tilton, Polk, and Snow.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Present the same members, and adjourned to to o'clock to-morrow morning.
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MINUTES OF THE COUNCH. OF
FRIDAY, June Ist, A. M.
Council met. Present the same members.
The minutes of yesterday were read.
On motion, that as a committee had been appointed at the the meeting of Council in the month of January, 1786, to wit: Messrs. Read, Joshua Polk, and Tilton, to prepare and bring in a bill for straightening the roads of travel and carriage within this State, and that Mr. Read is absent on public business, by the appointment of the General Assembly, as a member of the Federal Convention, and Mr. Joshua Polk is not now a member of this House, and as the business was of importance and neces- sary to be completed, it was therefore proper that other members should be appointed in the room of those gentlemen; whereupon ordered that Mr. Speaker and Mr. Laws be appointed of that committee in the room of Messrs. Read and Polk.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Mr. Vandyke appeared and took his seat.
Adjourned to Saturday, 10 o'clock, A. M.
SATURDAY, 2d June, A. M.
Council met and adjourned to Monday, 10 o'clock, A. M.
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THE DELAWARE STATE, 1787.
MONDAY, June 4th, A. M.
Council met.
On motion of Mr. Vandyke, for leave to bring in a bill to alter the judgment at common law against persons convicted of petit treason, the same was granted; whereupon Mr. Vandyke laid a bill for that purpose on the table; which bill, on motion, by order, was read.
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On motion, by special order, the said bill was read a second time.
On motion, the same bill was read a third time by paragraphs, passed the House, and ordered to be transcribed and sent to the House of Assembly for consideration and concurrence.
On motion,
Ordered, That Mr. Laws wait on the House of Assembly with the transcribed bill for altering the judgment in petit treason;
Who, being returned, reported the delivery thereof.
Adjourned to ten o'clock to-morrow morning.
TUESDAY, June 5th, A. M.
Council met. The minutes of yesterday were read.
Mr. Moore, a member of Assembly, attending, was admitted and returned to the Chair the bill entitled "An act to alter the judgment at common law against persons convicted of petit treason," with some amendments proposed by that House ; which, on motion, by order, were read and agreed to.
On motion, ordered that the said bill be engrossed.
Adjourned to 3 o'clock, P. M.
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EODEM DIE, P. M.
Council met.
The engrossed bill entitled "An act to alter the judgment at common law against persons convicted of petit treason," was read and compared according to the amendments agreed to.
Ordered, That Mr. Snow wait on the House of Assembly with the said engrossed bill;
Who, being returned, reported the delivery thereof.
Mr. Gordon, a member of Assembly, attending, was admitted and returned the bill for altering the judgment in petit treason, signed by the Speaker of the House Assembly.
Ordered, That the said bill be signed by the Speaker of this House; which was done accordingly.
Mr. Gordon also delivered to the Chair a resolution of the House of Assembly for affixing the Great Seal to the foregoing law, which follows in these words:
IN THE HOUSE OF ASSEMBLY, June 5th, 1787.
On motion,
Resolved, That the President or Commander-in-Chief affix the Great Seal of this State to the following law:
"An act to alter the judgment at common law against persons convicted of petit treason.'
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
In Council, same day, read and concurred in.
JAMES SYKES, Cl'k of Council.
Ordered, That Mr. Polk wait on the House of Assembly and return the last mentioned bill and resolution for affixing the Great Seal thereunto, agreed to by Council;
Who, being returned, reported the delivery thereof.
Adjourned to 10 o'clock to-morrow morning.
الإعالسرعة الم
مل
1051
THE DELAWARE STATE, 1787.
WEDNESDAY, June 6th, A. M.
Council met. The minutes of yesterday were read.
Mr. Speaker laid on the table a resolution of the House of Assembly, relating to the time of the adjournment of that House, which had been delivered to him by Mr. Evans, a member of Assembly, after the adjournment of Council.
On motion, by order, the said resolution was read, and follows in these words:
IN THE HOUSE OF ASSEMBLY, June 5th, 1787.
On motion,
Resolved unanimously, That this House intend, to-morrow evening, to conclude the present session by adjourning the same to some future day.
Ordered, That Mr. Evans wait on the Council with a copy of the said resolution for their information.
JAS. BOOTH, Cl'k of Assembly.
On motion,
The bill entitled "An act to enable the owners and possessors of a certain parcel of marsh, meadow, and cripple, hereinafter described, situate on Little St. Georges Creek, in St. Georges Hundred, in New Castle County, fronting the River Delaware, to keep the banks, dams, sluices and floodgates thereof in re- pair," was read a second time.
On motion and on the question, the said bill passed the House.
Ordered, That Mr. Polk wait on the House of Assembly and return the same, with the petition and newspaper that accom- panied the same;
Who, being returned, reported the delivery thereof.
The committee to whom was referred the bill entitled "An act laying an impost on spirituous liquors imported into this State,
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MINUTES OF THE COUNCIL OF
and for other purposes," now reported some amendments there- unto, which they submitted to the House.
On motion, ordered that the same be read; which was done accordingly.
Adjourned to 3 o'clock, P. M.
EODEM DIE, P. M.
Council met. Mr. Neill appeared and took his seat.
Mr. Cannon, a member of Assembly, was. admitted and deliv- ered to the Chair a resolution of that House respecting the meet- ing of both Houses in the Council Chamber; which, on motion, by order, was read, and follows in these words:
IN THE HOUSE OF ASSEMBLY, June 6, 1787, P. M. On motion,
Resolved, That Mr. Cannon wait on the Council, and propose to that honorable body that both Houses of the General Assem- bly meet in the Council Chamber at six o'clock this afternoon, and put in nomination persons out of whom shall be elected, by ballot, a Justice of the Court of Common Pleas and Orphans' Court for the County of New Castle, to supply the vacancy oc- casioned therein by the death of Abraham Robinson, Esq. ; and also a Justice of the Court of Common Pleas and Orphans' Court for the County of Kent, to supply the vacancy occasioned by the appointment of Thomas Collins, Esq., to the Presidency of this State. JAS. BOOTH, Cl'k of Assembly.
In the Council, June 6th, 1787, P. M., read and concurred in.
JAMES SYKES, Cl'k of Council.
On motion,
Ordered, That Mr. Snow wait on the House of Assembly and return the above resolution, concurred in by Council ;
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THE DELAWARE STATE, 1787.
Who, being returned, reported the delivery thereof according to order.
In pursuance of the joint resolution of both Houses, the two Houses met, in the Council Chamber, and put in nomination the following persons from whom to appoint a Justice of the Court of Common Pleas and Orphans' Court of the Counties of New Castle and Kent:
FOR NEW CASTLE COUNTY,
Mr. Grantham names Mr. Porter. Mr. Vandyke names Mr. Craghead.
FOR KENT COUNTY,
Mr. Rodney names Mr. Smith as Chief Justice.
Mr. Rodney names Mr. Carty.
Mr. McCall names Mr. Cook.
Mr. Gordon names Mr. Clayton.
Then the two Houses separated.
The Council took into consideration the amendments to the bill entitled "An act for laying an impost on spirituous liquors, &c.," and after some time spent therein the same were agreed to, and ordered to be transcribed and sent to the House of As- sembly for concurrence.
Adjourned to 10 o'clock to-morrow morning.
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THURSDAY, June 7th, A. M.
Council met. The minutes of yesterday were read.
Mr. Davis, a member of Assembly, was admitted and deliver- to the Chair a verbal message from that House in the following words:
VERBAL MESSAGE TO THE COUNCIL FROM THE HOUSE OF AS- SEMBLY.
Gentlemen :
The House of Assembly propose to the honorable the Council
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MINUTES OF THE COUNCIL OF
that both Houses of the General Assembly meet, in the Council Chamber, at 12 o'clock this day, and proceed to the appointment by ballot of persons to fill the vacancies in the Court of Common Pleas and Orphans' Court for the. Counties of New Castle and Kent.
Thursday, A. M., June 7th, 1787.
Ordered, That Mr. Neill wait on the House of Assembly with the bill for laying an impost on spirituous liquors, and the amend- ments proposed thereunto by Council;
Who, being returned, reported the delivery thereof.
On motion, Council took into consideration the proposals of George Read, Esquire, concerning the revising the laws of this State, and the resolution of the House of Assembly accepting and agreeing to the said proposals; and upon the question, " Do Council concur with the House of Assembly in that resolution ?" it passed in the negative.
Ordered, That Mr. Laws wait on the House of Assembly and return the said proposals and resolution thus acted upon by Council.
Adjourned to 3 o'clock, P. M.
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EODEM DIE, P. M.
Council met.
Mr. Laws reported the delivery of the proposals of Mr. Read, and resolution of the House of Assembly thereon, to that House, according to order.
On motion, the House proceeded to the nomination of persons, one of whoin to be elected, to fill up the place of Major James Black in the Privy Council, whose time is expired.
Mr. Laws names Silas Snow, Esquire.
Mr. Tilton names Eleazer McComb, Esquire.
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THE DELAWARE STATE, 1787.
1055
On motion,
Resolved, That Council will, to-morrow morning, proceed to the balloting for a Privy Councillor in the room of Major Black.
Mr. Grantham, a member of Assembly, was admitted and de- livered to the Chair a bill entitled "An act for extending the time for collection of the unpaid State tax directed to be raised in the year 1786."
On motion, by order, the said bill was read.
Adjourned to 10 o'clock to-morrow morning.
FRIDAY, June 8th, A. M.
Council met. The minutes of yesterday were read.
Mr. Porter, a member of Assembly, was admitted and delivered to the Chair a bill entitled "A further supplementary act to the act entitled 'An act for the more easy and speedy recovery of small debts;' " also a resolution of that House of their intention to conclude the present session this evening by adjourning the same to some future day.
On motion, by order, the said bill was read.
On motion, by special order, the said bill was read a second time.
Mr. Charles Polk, a member of Assembly, was admitted and delivered to the Chair a bill entitled "An act for appropriating the sum of £10, 500."
On motion, by order, the said bill was read.
Mr. McCall, a member of Assembly, was admitted and deliv- ered to the Chair a bill entitled "A further supplement to an act entitled 'An act for calling in and destroying such of the Bills of Credit, emitted by virtue of any law of this State, passed under
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MINUTES OF THE COUNCIL OF
the present or former Government thereof, as are now outstand- ing, and for other purposes therein mentioned.' "
On motion, by special order, the bill entitled "An act for ap- propriating the sum of {10,500, was read a second time.
On motion, by order,
The bill entitled "A further supplement to an act for calling in and destroying such of the Bills of Credit emitted, &c.," was read.
On motion, the bill for appropriating the sum of £10,500, was read by paragraphs and passed the House.
On motion,
Ordered, That Mr. Neill wait on the House of Assembly with the supplementary bill for the more easy and speedy recovery of small debts, with some amendments proposed by Council" there- unto; also the bill for appropriating the sum of {10, 500, which had passed Council.
On motion, by special order,
The bill entitled "A further supplenient to an act for calling in and destroying Bills of Credit, &c.," was read a second time by paragraphs and passed the House.
Ordered, That Mr. Neill wait on the House of Assembly and return the last mentioned bill, which had passed the Council;
Who, being returned, reported that he had delivered the above acts according to order.
On motion, by order,
The bill for extending the time of collection of the unpaid State tax directed to be raised in 1786, was read.a second time.
Agreeable to the order of the day, Council proceeded to ballot for a Privy Councillor, and the votes being taken by the Speaker and read, it appears that Eleazer McComb, Esq., was elected by a majority of votes, and is declared duly elected.
Adjourned to 3 o'clock, P. M.
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THE DELAWARE STATE, 1787.
EODEM DIE, P. M.
Council met.
Mr. Broom, a member of Assembly, attending, was admitted and returned to the Chair the supplementary bill to the act for the more easy and speedy recovery of small debts, with the amendments of Council, to the first of which they had disagreed, and to the second agreed; whereupon Council, after considering their first amendment, receded therefrom and proposed an addi- tional amendment.
Ordered, That Mr. Laws wait on the House of Assembly and return the last mentioned bill, thus acted upon by Council;
Who, being returned, reported that he had delivered the same according to order.
The Council took into consideration the bill entitled "An act for extending the time for collection of the unpaid State tax di- rected to be raised in the year 1786," and after some time spent therein, the question was put and the bill rejected.
Ordered, That Mr. Snow wait on the House of Assembly and return the said bill, thus acted upon by Council:
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