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Colonial and State Records of North Carolina
Act of the North Carolina General Assembly concerning the election of General Assembly representatives
North Carolina. General Assembly
November 28, 1746
Volume 04, Pages 1154-1155

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North Carolina—ss.

An Act for the better Ascertaining the number of members to be chosen for the Several Counties within this Province to Set in General Assembly and for Establishing a more Equal Representative of all his Majesties Subjects in the House of Burgesses.

Whereas the Inhabitants of Several of the Northern Counties within this Province have Assumed to themselves the Priviledge of Choosing five persons Respectively to Represent them in the General Assembly without any Law or Pretence of Law to support such a clause while those of the more Southern and Western Counties who are more numerous and Contribute much more to the General Tax of the Province than some of those who claim this Priviledge are represented only by two members in the said Assembly for which Inequality great mischiefs and Disorders have arisen and the best schemes for the good and welfare of the Province by this means have been utterly Defeated the preventing of which for the future we Humbly Pray your Most Sacred Majesty that it may be Enacted And be Enacted by his Exc̄elly Gabriel Johnston Esqr Captain General and Governour and Commander in chief in and over this Province by and with the Advice and Consent of His Majestys Council and the General Assembly of the said Province And it is hereby Enacted by the authority of the same that from hence forward the Inhabitants of Each and every County already Erected or which shall hereafter be Erected in this Province respectively shall and may choose Two Persons duly Qualified for their Representatives to sit and vote as members in the General Assembly of this Province and no more any Law usage or Custom to the Contrary in any wise notwithstanding And the freeholders of the several Towns (to wit) of Edenton, Bath Town, NewBern & Wilmington may have the Liberty of Chooseing one Representative Each as heretofore to set and vote as members in the said General Assembly aforesaid all which said members shall be Chosen at such times as shall be directed by His Majestys Writ and at such Place and in such manner as by an Act of the General Assembly of this Province Intituled an Act to regulate Elections for members to serve in General Assembly for the several Counties to Declare who shall be qualified to vote in the said Elections or be Elected a Member of the General Assembly for any of the said Counties and to direct the method to be Observed in taking the Poll at the several Elections in the Counties and Towns in this Province is directed and appointed And whereas great mischiefs have arisen and numberless Obstructions given to the Publick affairs by the members of the House of Burgesses not Duly attending according to the writt or the time [of] Prorogation or Adjournment Be it Enacted by the Authority

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aforesaid that eight members of the House at the first meeting in Pursuance of his Majestys writ or the time of Prorogation or Adjournment who are hereby impowered to adjourn de die in diem untill the number of members hereinafter limited shall come together to make a house And for the better dispatch of Publick business Be it Enacted by the Authority afore said and it is hereby Enacted that fourteen members of the said house and the Speaker shall be a sufficient Quorum to make a house and to pass Laws or to do any other Act or Acts which any Assembly in this Province have been heretofore accustomed to do by a Larger number. Any Law Custom or usage to the contrary in any wise

And be it Further Enacted that all and every clause and Clauses of every Law or Laws so far as Relates to the Inhabitants of any County or Counties in this Province their sending above two members Exclusive of the members to be chosen for the Several Towns in this Act before mentioned to sit and represent them in General Assembly Directed or Indirectly is and are hereby repealed and Declared null and void to all intents & purposes as tho' the same had never been made


Read three times & Ratified in Open Assembly this 28th day of November Anno Dom̄: 1746

Samuel Swann Speaker.