USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 34
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The Commissioner has applied since to the Board, both by writing and in person, to know when he shall attend to finish the business, and was informed that those attending from distant States ought to be dispatched first, and that notice should be given him in case it was necessary for him to attend to substan- tiate any part of the claim of Delaware.
Dover, October 24th, 1791. ELEAZER McCOMB.
Mr. McKennan also presented the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, Oct. 25th, 1791. On motion,
Resolved, That it is the intention of this House to conclude the present session this evening by adjourning to a distant day,
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and that a copy of this resolution be sent to the Council for their information.
Extract from the minutes.
JAS. BOOTH, Cl'k of Assembly.
The foregoing report and resolution were, on motion, read.
Council adjourned to 3 o'clock this afternoon.
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EODEM DIE, P. M.
Council assembled.
Mr. Many, a member of Assembly, was admitted and presented to the Chair a bill entitled "A supplement to an act entitled 'An act for raising the sum of one thousand pounds, by a lottery, for the use of the State, and for other purposes,' " passed by the House of Assembly and sent for concurrence.
On motion, the said bill was read.
Mr. Batson, a member of Assembly, was admitted and pre- sented to the Chair a bill entitled "A supplement to an act enti- tled 'An act for removing the Seat of Justice from Lewes to a more central part of Sussex County, and for other purposes,' "' passed by the House of Assembly and sent for concurrence.
On motion, the said bill was read.
Mr. Evans, a member of Assembly, was admitted and pre- sented to the Chair a bill entitled "An act to enable Risdon Bishop, of the County of Kent, to bring certain slaves into this State," passed by the House of Assembly and sent for concur- rence.
On motion, the said bill was read.
On motion, the bill entitled "A supplement to an act entitled "An act for raising the sum of one thousand pounds, by lottery, for the use of the State, and for other purposes,' " was read a second time.
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THE DELAWARE STATE, 1791.
On motion, the bill entitled "A supplement to an act entitled 'An act for removing the Seat of Justice from Lewes to a more central part of Sussex County, and for other purposes,' " was read a second time.
On motion, the bill entitled "An act to enable Risdon Bishop, of the County of Kent, to bring certain slaves into this State," was read a second time.
On motion, the said bill was read a third time by paragraphs and passed Council.
Ordered, That said bill be returned to the House of Assembly by the Secretary; which was done accordingly.
Council adjourned to 9 o'clock to-morrow.
WEDNESDAY, October 26th, 1791, A. M.
Council assembled. Present as yesterday.
On motion, the bill entitled "A supplement to an act entitled 'An act for raising the sum of one thousand pounds, by a lottery, for the use of this State, and for other purposes,'" was read a third time, by paragraphis, and an amendment being proposed and agreed to, passed Council.
Ordered, That the said bill, with the amendments proposed, be returned, by the Secretary, to the House of Assembly for their concurrence; which was done accordingly.
On motion, the bill entitled "A supplement to an act entitled 'An act for removing the Seat of Justice from Lewes to a more central part of Sussex County, and for other purposes,' '' was read a third time by paragraphs and passed Council.
Ordered, That the said bill be returned to the House of As- sembly by the Secretary; which was done accordingly.
Mr. Batson, a member of Assembly, was admitted and re- turned the bill entitled "A supplement to an act entitled 'An act
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for raising the sum of one thousand pounds, by a lottery, for the use of the State, and for other purposes,' " with the amendments proposed by Council disagreed to, and a further amendment pro- posed by the House of Assembly; which was, on motion, read, and the amendment proposed by Council adhered to, and the amendment proposed by the House of Assembly disagreed to.
Ordered, That the said bill be returned by the Secretary; which was accordingly done.
Council adjourned to 3 o'clock.
EODEM DIE, P. M., 26th October, 1791.
Council assembled.
On motion,
Resolved, That John Gordon, Esq., be requested to furnish the Council Chamber, in the Court House, at Dover, with such things as he may think necessary for the accommodation of Council, and that he exhibit his account to Council, at their next meeting, for his expenditures in the same, which shall be allowed him.
Ordered, That the Clerk of Council furnish the said John Gordon, Esq., with a copy of this resolution.
Council made the following allowances:
To the Honorable George Mitchell, Esq., Speaker, for 5 days' attendance and mileage, . 7 00 To Archibald Alexander, Esq., for 5 days' attend- ance and mileage, 5 5 0 . To Nehemiah Tilton, Esq., for 5 days' attendance and mileage, . 5 10 0
To John Gordon, Esq., for 7 days' attendance, 4 4 0 To James Raymond, Esq., for 5 days and mileage, . 4 2 0
Carried forward, £ 26 10
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THIE DELAWARE STATE, 1791.
Brought over, . £ 26 10 To Rhoads Shankland, Esq., for 5 days' attendance and mileage, . 5 50 To Charles Nixon, for 7 days' attendance as Clerk and for paper, 4 10 6
To Thomas Wild, for 7 days' attendance as Door-
keeper and bell-ringer, 3 19 3
To James Coleman, for making a writing desk for Council Chamber,
II 5 0
To Christopher Horton, for 18 armed chairs, IO 2 6
£61 3 3
On motion,
Resolved, That orders be drawn on the State Treasurer for the foregoing sums, and that the same be signed by the Speaker.
Whereupon orders were drawn and signed accordingly.
Mr. Robinson, a member of the House of Assembly, was ad- mitted and presented the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, October 26, 1791.
On motion,
Resolved, That the President or Commander-in-Chief affix the Great Seal of this State to the following acts, viz:
1. "A supplement to an act entitled 'An act for removing the Seat of Justice from Lewes to a more central part of Sussex County, and for other purposes;' "
' 2. "A supplement to an act entitled 'An act for raising the sum of one thousand pounds, by a lottery, for the use of this State, and for other purposes;' "
3. "An act to enable Risdon Bishop, of the County of Kent, to bring certain slaves into this State."
Sent for concurrence. JAS. BOOTH,
Extract from the minutes.
Cl' k of Assembly.
On motion, the above resolution was read and concurred in.
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Mr. Robinson also delivered the acts above mentioned, signed by the Speaker of the House of Assembly, which, being compared with the originals, on motion, ordered that the same be signed by the Speaker of Council; which was done accordingly.
Council adjourned to the first Tuesday in January next.
MINUT ES DE CI
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MINUTES OF COUNCIL.
1792.
153
НОЙПОД ЗО Затим
VOTES AND PROCEEDINGS
MEMBERS' NAMES.
FOR NEW CASTLE COUNTY :
THOMAS KEAN, NEHEMIAH TILTON, ARCHIBALD ALEXANDER.
FOR KENT COUNTY :
FENWICK FISHER, JAMES RAYMOND. (Vacancy, by the death of John Gordon. )
FOR SUSSEX COUNTY :
GEORGE MITCHELL, Speaker, RHOADS SHANKLAND, ISAAC COOPER.
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VOTES AND PROCEEDINGS
OF THE
COUNCIL OF THE DELAWARE STATE.
ADJOURNED SESSION, JANUARY, 1792.
At a meeting of the Council, at Dover, on the 3d day of January, 1792, the number of members sufficient to constitute a quorum not appearing, they adjourned from day to day until Wednesday, the eleventh day of January, instant.
WEDNESDAY, IIth January, 1792.
Council assembled. Present, the Honorable George Mitchell, Esq., Speaker; Mr. Tilton, Mr. Alexander, Mr. Raymond, Mr. Shankland, and Mr. Cooper.
Adjourned to 10 o'clock to-morrow.
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THURSDAY, 12th January, 1792.
Council assembled. Present as yesterday.
On motion of Mr. Tilton, seconded by Mr. Raymond, that the bill entitled "A supplement to the execution law," which had lain on the files of Council since October, 1790, be now taken up
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and referred to a committee of three to report thereon, it was determined in the affirmative.
The committee appointed are Mr. Tilton, Mr. Cooper, and Mr. Alexander.
Adjourned to 3 o'clock this afternoon.
THURSDAY, January 12th, 1792, P. M.
Council assembled.
The Speaker laid on the table a letter from the Auditor, in- forming Council that his indisposition prevented his attendance, which was, by order, read.
Adjourned to ten o'clock to-morrow.
FRIDAY, January 13th, 1792, A. M.
Council assembled. Present as yesterday:
Adjourned to 3 o'clock.
FRIDAY, January 13th, 1792, P. M.
Council assembled.
On motion,
Ordered, That Nehemiah Tilton, Esquire, be and he is hereby appointed, instead of Nicholas Ridgely, Esquire, heretofore ap- pointed for that purpose, whose time as a member of Council has since expired, to take effectual measures, with the assistance of Charles Nixon, to have fifty copies of the votes and proceedings
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THE DELAWARE STATE, 1792.
of Council, together with the rules established by Council pre- fixed thereto, printed, from October, 1788, to the present session, inclusive.
The committee to whom was referred the bill entitled "A sup- plement to an act for taking lands in execution," presented the following report, viz:
"That the existing laws of this State and the practice and usage of the Courts are competent to all the purposes intended to be remedied by said act. We are therefore of opinion the said supplementary act ought to be rejected by Council."
On motion, the above report was read and agreed to.
On motion,
Resolved, That Mr. Tilton, Mr. Raymond, and Mr. Cooper be a committee to prepare and bring in a bill to revise the act entitled "An act supplementary to the act entitled 'An act for the more easy and speedy recovery of small debts,' passed the 5th February, 1785."
Mr. McKennan, a member of Assembly, was admitted and delivered the following resolution :
IN THE HOUSE OF ASSEMBLY, January 12th, 1792, P. M. On motion,
Resolved, That a Joint Committee of both Houses be appoint- ed to confer on the business relating to the Auditor of Accounts of this State, in order to devise the best means to procure to the Legislature such information as may be considered expedient, and likewise to procure the books of the State Treasurer.
The members appointed on the part of this House are Mr. McKennan and Mr. Barker.
Extract from the minutes.
JAS. BOOTH,
Sent for concurrence. Cl'k of Assembly.
On motion, the above resolution was read and concurred in.
The members appointed on the part of Council are Mr. Alex- ander and Mr. Shankland.
Adjourned to 10 o'clock to-morrow.
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SATURDAY, January 14th, 1792, A. M.
Council assembled. Present as yesterday.
Mr. Robinson, a member of Assembly, was admitted and pre- sented to the Chair a bill entitled "A supplementary act to an act entitled 'An act to enable the owners and possessors of the marsh meadow on the southwest side of Christiana river, in New Castle County, to keep the banks, dams and sluices in good and sufficient order and repair,' " passed by the House of As- sembly and sent for concurrence; which was, on motion, read and referred to Mr. Raymond and Mr. Alexander, to report thereon.
Mr. Raymond applied for leave of absence till Monday next, which was granted.
Adjourned to 3 o'clock this afternoon.
SATURDAY, January 14th, 1792, P. M.
Council assembled. Mr. Raymond absent.
Mr. Truitt, a member of Assembly, was admitted and pre- sented to the Chair a petition, signed by Jonas Stedham, Job Harvey, Peter Jacquet, Sen., Jesse Jacquet, and Peter Jacquet, Jun., praying the Legislature to pass a supplementary act to an act entitled "An act to enable the owners and possessors of the marsh meadow on the southwest side of Christiana river, in New Castle County, to keep the banks, dams and sluices in good and sufficient order and repair," together with several papers relative thereto; which were, by order, read and referred to the commit- tee this morning appointed on that business.
The committee appointed yesterday to confer with a committee of the House of Assembly, presented their report, which was, by order, read, and is as follows, viz:
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THE DELAWARE STATE, 1792.
The Joint Committee of both Houses, appointed to confer on the best mode of obtaining a statement of the public accounts of the State, as well as to devise a plan for having the books of the late Treasurer lodged with the present Treasurer, beg leave to report, as their opinion, that for effecting the above purposes a letter, addressed from the Speakers of both Houses, be sent to the Auditor of this State, requiring his immediate attendance, or, if sickness or other causes should prevent his personal attend- ance, then, in that case, a statement of the public accounts should be made out and forwarded by him, without loss of time, or furnish the Houses with his books. And as your committee have understood that the books of the late Treasurer are at this time in Philadelphia, they therefore are of opinion that the Speakers of the two Houses should, by letter, call on the execu- tors of the late Treasurer, desiring that the books of the late Treasurer should be immediately obtained and lodged by them with the present Treasurer of the State.
Signed by the Committee of Council,
ARCHB'D ALEXANDER, RHOADS SHANKLAND.
Signed by the Committee of the House of Assembly,
WM. McKENNAN, . JOS. BARKER.
On motion, the foregoing report was agreed to.
Mr. Hollingsworth, a member of Assembly, was admitted and presented the following proposed amendment to the report of the joint committee, viz:
IN THE HOUSE OF ASSEMBLY, A. M., Jan. 13th, 1792.
Resolved, That the Auditor of this State be requested and directed to make his immediate attendance before this House and show cause why he has not complied with the resolution entered into by this House at their last October session, and that the Sergeant-at-Arms be requested to wait on him with the above resolution, and in case of sickness, to forward his books and papers for the inspection of the Legislature forthwith.
And that the executors of the late State Treasurer be re- quested to deliver up, within six days after being notified, to
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the present State Treasurer, all the books and papers of the said office, whole, entire, and undefaced, and that notice of this reso- lution be given to the said executors.
The House of Assembly propose the above as an amendment to the report of the joint committee of both Houses, to begin after "their opinion." Dele all the after clauses and insert the above.
Extract from the minutes.
For JAMES BOOTH, F. MANY, C.
On motion, the foregoing resolution was read and unanimously rejected.
Ordered, That Mr. Alexander wait on the House of Assembly and return the said resolution and report of the joint committee; which he did accordingly.
Council adjourned to 10 o'clock on Monday.
MONDAY, January 16th, 1792, P. M.
Council assembled. Present as on Saturday morning.
Adjourned to to o'clock to-morrow.
TUESDAY, January 17th, 1792.
Council assembled. Present as yesterday.
The Speaker laid upon the table the following resolution of the House of Assembly, handed to him by Mr. McKennan, a mem- ber of that House:
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THE DELAWARE STATE, 1792. 1225
IN THE HOUSE OF ASSEMBLY, January 17th, 1792.
Resolved, That the Sergeant-at-Arms be directed to put in order the office at the southeast corner of the State House to receive the books, &c., of the Auditor of Accounts of this State.
Extract from the minutes. FRANCIS MANY, for
Sent for concurrence.
JAS. BOOTH, Cl'k.
On motion, the foregoing resolution was read and unanimously disagreed to.
On motion, the following resolution was entered into:
Resolved, That the Auditor of Accounts be desired to call on the Commissioners appointed by the Levy Court of Kent County for building a new Court House in Dover, in said county, and request them to put him in the possession of the office at the southeast corner of said Court House, appropriated to and for. the sole use and accommodation of the General Assembly by a law passed at Dover the twenty-ninth day of January, one thou- sand seven hundred and ninety-one, and that the said office shall be used and occupied by the Auditor of Accounts, and in such other manner as shall hereafter be directed by the General As- sembly.
Resolved, That the Auditor of Accounts be furnished with a copy of the foregoing resolution.
Ordered, That Mr. Shankland wait on the House of Assembly with the foregoing resolutions, for their concurrence; which he did accordingly.
A petition from Margaret North was presented and read, pray- ing Council to concur with the House of Assembly in granting a sum of money which had been reported by the Auditor to be due to her.
Adjourned to 10 o'clock to-morrow.
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WEDNESDAY, January 18th, 1792, A. M.
Council assembled. Present as yesterday.
On motion,
Ordered, That Mr. Alexander and Mr. Raymond be a com- mittee to take into consideration the petition of Margaret North, which was presented and read yesterday, and to report thereon.
Adjourned to 10 o'clock to-morrow.
THURSDAY, January 19th, 1792, A. M.
Council assembled. Present as yesterday.
Mr. McKennan, a member of Assembly, was admitted and presented to the Chair a petition from the Trustees of the Poor of New Castle County and a bill entitled "A supplementary act to an act entitled 'An act for the better relief of the Poor,' passed the 29th day of January, 1791," passed by the House of Assem- bly and sent for concurrence. Which petition and bill were, on motion, read.
The committee appointed to bring in a bill to revive the act entitled "An.act supplementary to the act entitled 'An act for the more easy and speedy recovery of small debts,' passed the 5th February, 1785," reported a bill entitled "An act for the more easy and speedy recovery of small debts," which was, on motion, read.
Agreeable to leave granted, Mr. Raymond laid on the table a bill entitled "An act to authorize Ann Ridgely and Nicholas Ridgely, executors of Charles Ridgely, Esquire, deceased, to convey unto Daniel Mifflin a certain parcel of land situate in Murderkill Hundred, Kent County;" which was, on motion, read.
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THE DELAWARE STATE, 1792.
On motion, the petition from the Trustees of the Poor of New Castle County, together with the bill entitled "A supplementary act to an act entitled 'An act for the better relief of the Poor,' passed the 29th day of January, 1791," was committed to Mr. Tilton, Mr. Alexander, and Mr. Raymond, to report thereon.
Adjourned to 3 o'clock this afternoon.
THURSDAY, January 19th, 1792, P. M.
Council assembled.
On motion, by special order, the bill entitled "An act for the more easy and speedy recovery of small debts," was read a second time by paragraphs, and passed Council.
Ordered, That Mr. Cooper wait on the House of Assembly with said bill for their concurrence.
Mr. Many, a member of Assembly, was admitted and presented to the Chair the following message from the President, together with the several letters and papers therein mentioned:
Gentlemen of the General Assembly:
The Secretary will lay before you a copy of additional treaties, index, and errata to complete the sets of the acts passed the first, second, and third sessions of Congress; also duly authenti- cated copies of "An act granting further time for making a return of the enumeration of the inhabitants in the District of South Carolina;" of "An act for the relief of David Cook and Thomas Campbell;" of "An act for making appropriations for the support of Government for the year 1792;" also a printed "Return of the enumeration of the inhabitants of the United States:" a letter from his Excellency, Charles Pinckney, Governor of the State of South Carolina, with a letter from the Secretary of that State, inclosing a list of books and papers belonging to the Dela- ware State, contained in a box in the said Secretary's office; a letter from the Honorable Thomas Mckean and Edmund Phy-
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sick, attorneys-in-fact of the Honorable John Penn and Jno. Penn of the kingdom of Great Britain, and late proprietors of the Counties of New Castle, Kent, and Sussex, informing that the said attorneys-in-fact are authorized to remit all alienation fines that were in arrears on the 2d day of September, 1775, and to make composition and agreement respecting the quit rents and other rents, issues, and profits, and the remaining alienation fines now due to the said proprietors, or either of them, accord- ing to circumstances, and proposing to sell to the Government all the estate, rights and titles of the said proprietors in and to this State.
The office of Treasurer of this State having become vacant by the death of John Gordon, the late Treasurer, I did, on the 5th day of December last, by and with the approbation of the Privy Council, constitute and appoint Francis Many, the Trea- surer of this State, to hold and enjoy that office until the Legis- lature should take order in the premises.
Dover, January, 1792. J. CLAYTON.
Council adjourned to 10 o'clock to-morrow.
FRIDAY, January 20th, 1792, A. M.
Council assembled. Present as yesterday.
Mr. MeKennan, a member of the House of Assembly, was ad- mitted and presented to the Chair the following resolution, which was, by order, read, viz:
IN THE HOUSE OF ASSEMBLY, January 20th, 1792.
Whereas it appears, by a report from the Auditor, that there are a number of balances which stand open in the public books, in old emissions of Continental money, therefore
Resolved, That the Auditor be directed to liquidate all such balances to specie value at the rate of one hundred for one
An extract from the minutes. FRANCIS MANY, fo. Sent for concurrence. JAMES BOOTH, CU' k.
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THE DELAWARE STATE, 1792.
The same member also delivered the following resolution :
IN THE HOUSE OF ASSEMBLY, January 20th, 1792.
Resolved, That the President of this State shall be requested to take such measures as he shall conceive most effectual for pro- curing sundry books and papers, the property of this State, as well as sundry books and papers, the property of Samuel Patter- son, deceased, now in the State of South Carolina; and that the President draw an order on the State Treasurer for the necessary expenses for procuring the same.
An extract from the minutes. FRANCIS MANY, for
Sent for concurrence. JAMES BOOTH, Cl'k.
On motion, the last mentioned resolution was read, considered and agreed to.
On motion, the President's Message, together with the letters and papers therein mentioned, were read.
Adjourned to 3 o'clock this afternoon.
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FRIDAY, January 20th, 1792, P. M.
Council assembled.
Mr. Rogers, a member of the House of Assembly, was admit- ted and presented to the Chair a bill entitled "An act to supply the loss of a deed made in or about the year one thousand seven hundred and fifty-eight, by Simon Dixon to John Way, for two hundred acres of land in Mill Creek Hundred, in the County of New Castle," passed by the House of Assembly and sent for con- currence. Which bill was, on motion, read.
On motion, by special order,
The bill entitled "An act to authorize Ann Ridgely and Nich- olas Ridgely, the executors of Charles Ridgely, Esq., deceased, to convey unto Daniel Mifflin a certain parcel of land situate in Murderkill Hundred, Kent County," was read a second time by paragraphs and passed Council.
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Mr. Alexander presented to the Chair a petition, signed by a number of the inhabitants of the Town of New Castle, praying leave to bring in a bill to enlarge the corporate powers of the Trustees of New Castle Commons; which was, on motion, read, and leave granted accordingly.
On motion, by special order,
The bill entitled "An act to supply the loss of a deed made in or about the year one thousand seven hundred and fifty-eight, by Simon Dixon to John Way, for two hundred acres of land in Mill Creek Hundred, in the County of New Castle," was read a second time by paragraphs and passed Council.
On motion to put in nomination persons to be balloted for, to- morrow morning, out of whom two are to be chosen as Privy Councillors to supply the vacancies of George Wilson and Manlove Emerson, Esquires, whose times have expired by. rota- tion, the following nominations were made, viz : Mr. Cooper nominated Nathaniel Mitchell, Esq .; Mr. Raymond nominated George McCall ; Mr. Tilton nominated George Monro ; Mr. Alexander nominated Charles Nixon ; Mr. Mitchell nominated Elijah Barratt.
Adjourned to 10 o'clock to-morrow.
SATURDAY, January 21st, 1792, A. M.
Council assembled.
Mr. Batson, a member of Assembly, was admitted and pre- sented to the Chair a bill entitled "An act for enabling Elisha Dickerson to erect a mill-dam across the head of the waters of Indian River near a place called Rock Hole, in Indian River Hundred, and Sussex County, and for the condemnation of a small piece of fast land, on the south side of said waters, for the use of a grist and saw-mill, with a log yard," passed by the House of Assembly and sent for concurrence. Which was, on motion, read and referred to Mr. Tilton, Mr. Raymond, and Mr. Cooper, to report thereon.
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