\^ ■ ■ ■■ mMMKBm ^HKHHraNnfflra ■■■■.:■•■"■■■ 18 .IIH w|pn ^■9 m tt£$ ■ . PKBsffi H " • * ■ ■Hrcnf&JK K#l^ MS ■ BnwJWiliHtfliflnM HEoH Hi m ■ //u 'tCsts? - /f^£ -7tC~ Extracts from the Journals of the General /IJemhly. 1st the House of Commons, 4th January, 1794. YOW\ Committee appointed to inquire into, and report on, the expediency of publiihing the Private Laws of this ihte, and the means of obtaining fuch a publication — Report, That they think it abfoiutely neceflTary, that thefe laws fhould be collected and placed within the reach of every fodividu.il : that, they have converfed with Fra icois~X. Martin, of \ewbern, Attorney at Law, who is both able and willing to ferve the public in this inft.tnce, and they do recommend the following reiblve — Refohed, that Francois-X. Martin, of Newiern, Attorney at Law, be directed to publilh into well bound volumes ihe Private AEis of the General Aflembly, omitted in the revifal of Judge Iredell ; and that he furnifli the State, with one hundred copies thereof ; delivering one copy for every court of record in each diftricl, to the Clerk of each Superi- or Court in this State and the remainder into the Secretary's cfHce. That the Secretary from time to time do furnilh the faid F. X. Martin with the *opies of fuch laws — And That the Treafurcr of this State, pay to the laid F. X. Martin, when he fliall produce the rece ; pt« of the laid Clerls and Secretary of State, at the rate of three pounds for every fuch copy. All which is fubnvtted. J. I1.AMI L T O N, Chairman. Re/Jved. that the Houfe do concur with this report. J. LEIGH, S. H. C By order ; J. Hunt, C. H. C. In the Senate, 7th January, 1794. The foregoing report and refolution were read andconcurredwuh. W* LENOIR, S. 5i By order, S. Haywood, C S* A' COLLECTIO OF THE P R 1 V E A C T S OF THE » GENERAL ASSEMBLY OF THE STATE OF NORTH-CAROLINA, FROM THE YEAR , 7 i 5 , TO THE Y E A R i 79 o, INCLUSIVE, NOW IN FORCE AND USE; N E W B E R Nt F1ANCOI S-X A V I E R MARTIN. 1794* J[ H E Acts of the General Afiembly, relating to Dilliicts, Counties, Town;, In- dividuals, &c. having, under the directions of the Legiflaturc, been omitted in the Publica- tion of the Honorable Mr. Iredell, the want of copies of them was foon felt : and this evil, growing daily more difficult to be cured, was at laft remedied. I T was my lot to be made instrumental thereto. I was directed by a Refolve of the General Afiembly, to collect all thofc acts, and to publifh fuch of them as are in force, and .were omitted in the Judge's Revifal. I HAVE aimed at the fulfilment of the intentions of the Legiflature : and pre- pared and printed this Collection, with ail the care and attention I could pombly beftow on the work, without unrcafonably neglecting my other indifpcnfable avocations. F. X. MATsTlH. tiewbern t December nth, 1794, PRIVATE ACTS. II George I: From the 17th of November, 1715, to the 19th of January, 1715, O.S* Chap. LI1. An Act, for appointing a Town in the Coun'v o/Bath, an d for fe curing the Public L&rary belon?ini> t$ St. Thomas^ Par ijb, in Pamplico. L \K7 HEREAS « at the re( * ueft of Mr « .7«*» W»»» Mr. Joel. Murtin, and others, a certain tradt or parcel of YV land, purchafedby them, lying on. the Old-Town-Creek, in Pamplico, and containing, bv estimation fixty acres, be the fame more or lefs, being part of a larger tra# then belonging to David Perkins but now in the poflelTion, and of right belonging, to Col. Thomas Gary, and divided from thence by a line ot marked' trees from the Old-Towo-Creek, to Mr. Arrow's, line, now alto the right and pjoflculan of the faid Cary, was incorporated and made a townthip, by an aft of the General Aflembly, made and ratified, at the houfeof Cawain John HeckleSeld the eighth day of March, Anno Domini one thoufand feven hundred and five, with divers privileges and immunity there*, and thereby invefted in the faid JohnLawfon, Joel Martin, and Nicholas Davr, to and for the ufes therein mentioned : to promote therefore the iettkraent of faid town, and for fecoring the public librarv of St Thomas'* panlh, in Pamplico. ° * * tmrnut » II. Be it enacled by his Excellency the Palatine, and the re/1 of the true and ah/blute Lord Proprietors of the Province a/ Carolina, byandwthtbe advice and confer* of the reft of the members of the General Affembly, „ov i et atZhZ Rirer, for the North Eafl ipart ofthejatd Province, and it is hereby enacled by the authority of the fame that he fa d land be and .us hereby henceforward .nvefted in BfcvJW, Porter, Mr.. Joel Martin, Mr. ThiZs' Hardin, ,nd Capt. John Drmkwter, or any two of them, to and for the uus aforefaid, and declared, confirmed, and incoVoora tedrnto a townfh. P , by the name ot BaTh-Town ; with all privileges and immunities hereafter exprefled forever III. Piquant to which, xtu hereby enailed, that convenient places and proportions of land be laid out and p re *. lerved for achurch.a town-houfe and a marketplace ; and that the reft of the land which is not already Id our two o" them. ° Ut mt ° ' ™ ^^ " * Wlth COnvenient ftreeis and Paff»g!«* ty «hc faid Ses, or any • JT' * nd ( b i U f u \ ther em ^i^y dc authority aforefaid, that every perfon whatever, who is defirous to be an inhabitant of the faul town, mall have liberty to. take up any lot or lots fo laid out as aforefaid, and no before taken vp ; winch lot or lotithe commiflioners aforefaid, or any two of them, are hereby directed rehired til ered, to grant, convey, and acknowledge, to the perfon" fo taking up 'the fame "and t ffi £T^' ^'T^ ever, tn fee-fim P le upon payment of th.rty (hillings, conffderation-money, for each lot ; out o» £ Z v .hi firft p«rchafersihall be re.imhurfed the firft p Uf chafe, with their readable charges and dimuriementrand h! overplus lhall.be appropriated to the ufe of the church, to be difpofed. of a* by the veftry of the orecS of JW * lhall, from lime ro tune,, be directed and appointed. ..«■?«* y«iry or tne precinCt of Beaufort, Y. Provided always, that what perfon foever, mall take up, and. have convevedm him „„„ u, i . mentioned, anqWhalUot build, or caufe to be built thereon? ^S^lv\T^?h,£„2 t Su^ t h r," afCre " ance, a good, fubftantial, habitable houfe, or make fuch prepar-i^t far To S Is he court S?hf™£» tSA of any two or more of the Juftices fhali judge readable t G P fecure the U^^hA^^S^ Z vit y.ji.i/ ., I" , , , s irclol «I, maJl be either paled in, or done wkh Dofts and nils, therefore h« the fame l\j y t" Y J g ^l the fr ° ntS ° f the !ot »' comra 'V to *« a "'«°" ami inst ea«fc d every-perfon holding lands or lots in the town aforelaid, ftiall have no more in their lots than juft half an acre, ptirfuant to the firft intention and defign of fettling-the aforefaid tpwn ; (till referring to the owners or pofleflbrs]' oTF all lots in the aforefaid to^'n, the land lying beforqthe front of their lots, upon payB^ent of tdp /hillings- for every front, to the Commiflioners in this act appointed ;« who are hereby authorifed and required, te^grant, feal, and der). V*&r tteeds of fale for the fame. ■IX. Provided always, that the principal ftreets in the faid town fhal! be one hundred feet wide at leaf! ; and that no perfon (hall build or ereft any edifice, houfe, or building, 00 the lands before »he fronts, other than cellars or vaults, whofe covering fhall not be above ten feet above the groiuicj, that the prpfpeft of fuch as build in the faid town may not be incommoded or hindred. „ .... —' '■ ' ' X,XI, XII; and XII f, Olfokic. XIV. /^nd whereas divers peifgiispofleffed of lots in the faid to\vn do negledt clearing the fame, and others do permit fnchas have been cleared ro >row up with brulh and under-wood, to the great annoyance of the. inhabitants, of the faid town : Be it enacjed, by tbe authority aforefaid, that all perfons, pcfieflbri or ownerVof lots in the faicj ( tOwn|* mall, and they are hereby obliged^ within one month after the ratificaton'of this aft, to clear all fuch lots fo held or pofl'efled by them, from all iranaer of wood, under- wood, bruin, or gr»bs, that are, or may be offenfive [o the inha-' bitants of the laid town, and fkall fo keep trjp fame, from time to time, and at all times hereafter, as ofipn as need fhaH require ; under the feveral penalties and forfeitures hereafter in this aft provided. * XV. And he it further enacled, by (he authority aforefaid, that alj and every proprietor owner and pqfleflbr, of any Jot or lots in the (aid town, who fliail omit to clear the fame within the time beJore limited, (hall be liable and obliged to pay the full value of the charge of clearing the faiqjots, .to, the tiullees* or commillionerJ aforefaid, who are hereby appointed, authoriled, and impowered, to caufe all fuch lots tii be cleared as Iha'd, after the time belore li- nrited, lie uncleared and neglefted ; the value of which work fliall be adjudged by two freehplders, inhabitants of the faid town .(being ilrft fworn before fome Magiftrate) and fliall be recoverable in any court ©t record within this, government, or before Jultices of the Peace, if under the Turn of forty (hillings, as in the aft fcr J'mall and mean caufes is provided, by bill, plaint, or information ; wherein no efloin, protection, injunction, or wager of lay/, (liall be allowed or admitted of. 7 he reft ObfoUte. See 1 729, J ; J745, ' I f }' 1785, 45. .■-.-■ ■, i • \ ■ „j ■ ■ ■." ' ' ' ■ ' _ ' . ; - ■. ' ". | - 1 -. ' 1 ■ ! ' * . ■•'■' ,'■ — " ' L ■ *" " ;■:!' ' - ' Chap. LXIV. An aft impowering Johanna Pejerfon, -widow f/Thpmas Peterfon, late of Albemarle county, .E^ to make fah of certain lands, late belonging to the /aid Thomas Peterfon ; ana to make other provr/ion fir Anna, the daughter if the /hid Thomas Peterfon, to -whom the faid lands do defcend. I. VT7HErlEAS Thonids Peter/oh, late of Albemarle county, Elq ; died leized and pofl'efled in his demefne, of fee, VV of, in, and tp a certain plantarian or ti aft of land, 4yin:> in the fork of Queen- Anne's creek, in Chowaa . poechift, containing by eftimation four hundred acres, be the farne more or lefs, butted and bounding to the enft- ward pn. the town land, and to the : Weltward on Skcom'b's creek : and alfo of, in, and to, one half acre or lot of land in Bath town, butting and bounding to the fouthward on the lot of Col. Chtijiophcr Cale, and to the northward on one of the crols ttreets ; which faid plantation ahd 'ot of lard dodefeend Slnto Anna, an infant, the daughter of ihe ^ faid Thomas t andwhefeas Johanna the mother of the laid Anna, bv.liej petition preferred to 'his aflemblv, is \ery willing, tor the advancement of the laid Annus portion, to relincjuilh her right of dower of, in, and to tie faid lands art J lot, provided that the larre lands and lot may be fold, to and for the ul'e, benefir, and intereft of the faid Anna, the faid lands and lot now having cjonlulerable imgrpyip-.pn.ts therepn, which makes them valuable, which otherwife will be very much impaired snd ruined before the [:\\\A>.iu /hall come ot a^e : wherefore ing in the fcrk of Queen Anne's creek, in Chowan pipcinc.:, containing by eflitr&tion ftiaf hundred acres, be the lame more or lefs, butting and bounding ;o the eaft'yvaru on the town land, and to the weftward on Shcc'mb's creek ; alfo. one half acre or lot of land in Bath\o\\r, butting and bounding to the foijthward on the lot of Col. Chri/lopher C«fir i and to the northward on one of the rrol's ftreets ; or any part or parcel of the fame, to any perlou er 'perfons that Hiaj V.A..i»7llIi«rr fn ir'tl'f* mi^ft m^iipM fryn tfi*. limp . m 1. -,!»<» nn/i rn ti/^t/1 r\-\r> fj\1lf> tt^ flt#?lnj Illirrhatfr Ok' PIlrPn-ltfTC hlc i\ — tafcion, ortraft oflaud, and lor, oi'-'airy part of the lame, the faid Anna fliall ftand and be feizedin her demefne, as of fee, of, in ant! toone certain plantation or tract of .hud, whereof the laid Johtnna.h and now (hands fciztd and pofltflicj of, in Pcryuimins piecinft, containing by efbmation one hundred and feveiiiy 'acre's, be the fame more or lels, litu- ate, lying, and being, on CJI/rWthr's or Inker's creek, butting and bounding on r.ie lands of Inliana Lakers ard Rid;. *\/l Skinner ; to have and to hold the fame plantation or tractof land, to her the faid Anna, her heirs and afligns, in fM-fimple > with coifdiiion, that if the faid Johanna do pay tive monies ariling by Inch lale to ihs Uipon tier arrival to the age of eighteen y«ars, or Jay of marriage , or oiber.wlfe appropriate the monies aflfi'ngj^, the fale of the aforel'aid plantation or tract of land at the fork of Queen Anne'i. creek, and lot aforefaid, by purch^(m> . young female flaves for the ulejof the faid Anna ; then the aforelaid eitate of the laid Anna, of, in, and to the afore* mentioned plantation or tract of land in Ferqulmons precinct, to be invalid, and of no force or etfkL Chap. LXV. An aft confirming the titles of fundry perfons v. ho have, or hereafter may, fur chafe lands of Cc/.Thc< , mas Cary, in Bath county* , „ I, CT 7HEREAS Col. Thomas Cary taking up and purchaiing divers lands and plantations in Bath county, th ' VV deeds or patents parted for the fame have been taken in the name of John Cary, an infant, ion of the fai \ Thomas, although the purchafe money, or confideration paid for the fame, was actually and benafide the monies < the fold Thomas, and by. him, the faid Thomas, paid : and whereas the faid Thomas Cary having bargained, lol I aliened, and transferred unto divers perfons, and their heirs, feveral trafts or parcels e>f land, in Bath county a fdfefaid, and is intended to bargain, fell, and transfer the remaining part of the aforefaid lands in Bath county: wherefore, for avoiding difputes that may hereafter arife concerning the aforefaid title, taken in the aforefaid John Cary's name, and for eaiing and quieting the minds of filch perfons as have purchafed the fame, or may hereafter purchafe from the faid Thomas Cary, and purfuant to the petition of the laid Thomas Cary. II. Be it exaftedby his Excellency the Palatine, and the reft of the true and abfblute Lord Proprietors of the Province of Carolina, by andioith the advice and[c»nfer.t of the rtf} tffhe members of. tiff General Alftmbly, wjj met at Utile River, for r/« North JE'alt part of the faid province, and it is hereby end tied, by the authority of the fame, that all and fmgul.ir , the bargains, fales, alienations, and conveyances, already m^de and parted, or hereafter to be made and pafled, by , the faid Thomas Cary, unto any perfon or ps/fons whatfoever, their heirs and ttffigns, of, in, and to any of the larkls, tenements, and plantations, in Bath county, which lately were, or how are, in the pcjieflioii oroccupation of the faid Thomas Cary, and for which deeds or conveyances have been made and paffed to and for the' ufe of thej , faid John Cary, an infanr, fon of the faid Thomas Cary, or in the nams pf the faid John, (hall (land, be, and for evefj remain, < 'firm and available; in law and equity, to fuch purchafer or purelwfers, their heirs andaffigns, having, or hereafter to have, from the faid Thomas Cary, any bargains, fales, alienations, or conveyances for the fame ; .and fc a.iv Inch deeds of fale, conveyance, or alienation formerly made in the {'aid J.oh.n Cary't name, or to or for his vfi fc anil behoof, notwithstanding. ' . ■ ■ 5* , fo • — - ■ - ^nt ■ — . . . .. — l>- • ■> *'■■ * •VI George I. From the 2d. to m a decree made in the Court of Chancery of this province, upon a Mill of complaint eXhfyiX ted Ay 'William Duckenfield, Efq. $, V7 7HEREAS at t court of chancery, held the eleventh day of May, one thoufand feven hundred and tliirl , V V teen, upon the complaint of Wittiam Duckenfield, Elcj ; a decree was pafled in thefe words, viz. !i v -'-' c NoKTH-CaUOLINA, fl*. £t a Court of Chancery held at jhe houfe of Capt. Thomas Lee, in Chowan Precittcl, on Monday, May the 1 1 th f Anr.t Domini 171 j. PRESENT,' The Honourable Thomas Pollock, Efq. President, C Thomas Boyd, , *\ r j o •..■■'• V. irii- of / .Lords Proprietor* The Honourable < r , ' " ~ , ■ ' > Efqrs* • •■ 1 Chr. Gale, t * t-» .• / o-i- v ■ 1, \ Deputies. r Tobias Kmght, J l ' Upon read'ui* the bill of complaint of iniliam DucfyenfieUt, of the precinct of Choysan, Efq. this -day, therein' ' letting forth» that he, the izid H'rilLm Duckenfield, about fixteen year* laftpaft, was, and yet is, lawfully feiz»d, * in his demelne, as of fee, of ar.d in one lar^e .'tract or parcel of land, in the precir,£taforefaid, containing' hy telH'- ,:i3 ' mation four thoularkl acres, bounding on Albehihrle Toiind eafhvard and on Salmon creek v. ie ft ward, ''and t>efiij£''" ' thereof fo feized, one John Ardernc, Efq. coming into tfiis, government, and being fonie-thiug related'to hifti itfe! P* ,' faitl Dm kenfie-l J, hy internjarriage, and the faid John Ardtrne being in low ci return ft antes, and not in poflefliou of ' any viflble-eftate, he. the faid Duckenfield, the better to give cre,d.it and reputation 10 him the laid /frderne, and to ' p;4t him in pofielliuii if a -vilible eftatej thereby to advance himfeif, upon tfpecial tnift ai.d coi fidence which he « lh< n repofed fecretly in the laid Arderne, by his.deed, fufticient in tlis law, hearing ,date the thirty firft day of /«» » ly Anno ~>omini 1702, did grant, bargain,' and fell, unto the faiay^r "■.Inl i fended lyuepa.d, nor indeed could the faid Ardernc pretend to pay thefcflie ) but KM Uu4 w.i\i Via^ pulivti fu ri«. 4 ' * other reafon than what Is above alledged : and further, that the faid deed was not only meant and intended tobe in rroft^ * to the ule of him thefaid Duckenfield, Efq. but, at the above time of making thereof, it was fo declared and cxpreflfed, * as wel] by the {^Duckenfield, as by the laid Arderne, in prefence and hearing of divers witneffes, and not to. th« ■* ufe of the faid Arderne, other that in cafe the laid Arderne thould out live hini, 6c. And further, that the faid John Arderne did, as well at the figning the faid deed as. at divers times fince, declare to, divers perfons, that he * d:d not pay the two hundred pounds, and that the lame deed was pafled to him for no other ufe, inten*, or truft whatsoever, tl ian fiat the fame mould ablblutely return to liim the faid Duckenfield^ in cafe lie mould out. live the * laia Arderne ; and alfo, that the faid Arderne, willing to make known to the world the many and uncommon' * favours which he had received from hiui the laid Duckenfield, by his laft will and teftameut, in writing,, bearing ' *' date the aad 'day of Oclober, 1707, doth make ample mention of the fame, and that his intention was, to give all hi* * eftaxe,, both real and perfonal, that he was poflefl'ed of, or mould have I'ght to, to.hiia, which he confirms by di« * vers a ffever.itions in the laid will mentioned, as by the fame will and may appear • not withstanding which, di- * versiperfonfi, injurioufty defigning to bring in queftion his the faid Duckenfield y % title to the aforefaid four thour * fand a«xes of land, although he was never out of pofleflion thereof, do giveout» that th& fee ample of thefaid la.tid * is not i n bum, but in the heirs cf the fad John Arderne, and the truft repofed by him the laid, William Ducken. * field : and forasmuch as the laid deed, in writing, is abfolutely without any ufe declared or axprefTed. therein, and * withw it any truft in the fame mentione!, and that the aforefaid will of the faid John Ar.derne doth not make ex- * prefsr nention, that the fame tour thauland acres, commonly known by the name ct Salmon creik, were gven* 4 devifr d, and bequeathed, unto him the faid Duckenfield, and his heirs, for lack and want of Isnpwledge in the law * pfjhe faidjj/w Arderne, how to ufe apt and exprefs word's for- thegranting and conveying the fam» hack again to * hiiri, purfuant to the truft repofed in the faid John Ardtrne % although the intent and meaning of the kid. Arderne * fo to do may be fufficienvly proved and obfcrvqdi and the faid John Arderne being now dead,, who could, make * appe ar that the allegations ill th's bill of complaint are tsue and certain, and divers evidences or witnefles, as well * to tr le faid deed, who could prove the aforefaid ufe or truft declared, and. divers other witnefles wnic,h ; he could * hav« ; poduced to prove the fame, arc fome dead, others removed to parts unknown, fotne aged andimpotenr, and. « liv.ii ig far otf, and not able to tvavel to this- court, and; others being trahfienf perfons, 6c v do-, therefore pray, that a * cor rrmiflion may be iflued out this ef court, directed to fucb perfons as may be thought fitting, to examine fuch wit- * rtf.fles, in perpetuam ret tnemoriam, as lhall be produced by him the faid Duckenfield, for the proof of the aforefaid ■ * u.fe or truft, 6c. or alfo that by the decree of this court, he may be relieved in the premifes, and the fee-fiinpl© * of the aforefaid land be adjudged and decreed to him,. 6c. And upon reading the feveral depositions taken by vir- - * tue of the aforefaid corrwniluon out of thi*. court, as alfo the will the i iid John Arderne, and upon due and ma* * ture consideration thereon, this court are of opinion, that thefaid deed mentioned i 11 the laid bill was made onl|! ~ 4 in truft, and that no confidpration was tver paid, and fatistied, or intended to be paid or latisfied, for the fame ; * and iris the opinion of this, cotjrt likewile that thefaid John Arderne'% intent and delign, by his laft will and -• teftajnent, was to give and.bequeatb toe fame lands back again to, him. the faid William.Duckenfield, and his heir* * for ever, although exprefs mention thereof be not made therein.. f WHEREUPON this Court do declare, adjudgej order and decree, that the aforefaid deed be nul and void,, •* and that the aforefaid four thoufand acres of land do revert, come, and remain unto the faid IVillum Duckenfield \ ** Elq. and to his heirs, and *flign?, for ever k without the leaft lett, moleftation, or hindrance of any perfon or * perfons, claiming from, by, or under the aforefaid John Arderne, or, bis. heirs, executors, adminiftratury or * afligns, or any from, or under- them,, or either qf them.' Ordered, decreed, and entered, by us, and our order, the above-fajd nth day of May, Anno Domini 1713. "Which decree, upon the prayer,*, of the faid William Duckenfield, havingbeeu carefully and duly conlidered by thi* JUTembly ; II. BE it tnaeled by bis Excellency tie Palatine, andthe'refl of the true- and ablolute Lord Proprietors of the Province cf Carolina, by and -with the advice and ' confenfofthe rejl of the members cfthe General AJfemblj, now met at the general €Ourt-houfe, at Queen Anne'/ creek, in Chowan preancl, for the IVorth Eaft Bart of the faid province t and it it hereby tnad'edby the authority of the fame, that the decree, upon the bill of complaint oiWilliam Duckenjield, Efq. re- nted, pafled, and inrolled in the court of chancery, the eleventh day of May, one thoufand feven hundred and thir- teen, and every part and parcel^ article andclaufe therein contained, (hall be and remain firm and available in law and. •quity, to all intents and purpofes whatever contained therein, without being liable to any bill of reverie, or other procefj whatever to reverfe and annul the fame. ,.. ■III. ■! . I. ! .. ■■!■ ... 1. - . I «- IX George L The 23d of November, 1723. O, S. ■■*. • Chap. XIII. An Ait for the ketter fettling the town of Newbern, in the precinel o/Crav^n. HER.EAS a certain plot ot ground, being part of a trad of land', lying in the fork of A' cufe river, late be. longingjLQ the Hjjnourabk ColWiisl Thtmat Pillock, decealedj but now the property of Mo CulUn PoJlock,. 5 T>/as formerly laid out into a tiwmli'p by the name oF V. .>',' -\ with prober :'" < meats ? " a church, eotift-hqufe and market-place ; a, by aplotor draught, upon record Pfcecin-It Court, will tnorc plainly appear : 'f hsrefeffe, for the advancement of the faid u: -. I- Bettehacl.ed, .'; 2 . ;.;y . J 'v iMatjiie, and the ref} of t' e tin* p. ' :-- s of tfie Pro- e members of toe General . 5 -u raeidt Edert- to:. _;>/• the Nqr.Hi if ;;lp.;n' j/ i,. .and it h IxrebyenaSieds by the authority of the fume, that ; he faid 1 . jd, as it is already laid oJt by the faid draught, together with as much otacr last! lying contiguous and inpft' conve- nient to the faid town, to co.npleat n r.oNiHkfhip, as ihfl make the whole two Hundred and fifty teres, reieivTnV to the owners thereof the property of inch lots as ar? fold .drea ly by ^".Ulam Hancock, attorney of die f.iitl Cot. Thornai Pollock, is hereby a id henceforward inverted in Mr. Ciller. Pbtkc&j Mr. WUli&n Hantdcki, Jtrni a:; J Rich'a'rf Cr.rccs of , any of them, !rr the ufe sforeLiJ, declared, confirmed, and incorporated into a townihip, by rhe narne of Wewb'erh ; w.th all priviledges which ever have belonged to the faid town, oy (hail hereafter be exprefied, for ever. ill. Ptirfuant to which, /.' 7s hereby etufted by the authority afsrefaid, that tiie place^ already Ian! out for a church- court- houfe and market place, be referved for thofe ufi?s • and that the reff of the land not already laid cut he forth. with laid out into lots of liajf an acre each, with convenient itreets and ptiffages, with ironts belonging to the laid lots, by the faid trultees, or any of them, § 4, 5, 6, S, and 0, provided J or by i;j6, 12. VII.. Ar. lb? it farther eiiacJed by the authority atoretaid, That if any perfon or perfofts mail dTepoffeffed of any of the faid lot or lots, without leaving heirs, or without making of a will of the fatd lot or lots, that then, and in /ugh, cafe, the abfu'ute fee (hall come and revert unto the faid Culled Pollock, his heirs and a'ffigns, forever : notwlthftandiirr any thing contained in an aft, intituled, An ad concerning ej'cheat lands and efcheators", or uiy other law, culbom, o? ufage, to the contrary. *A'. C. L, 1715) 30, 16. Ill George II. The 2,7th of November, 1729. O. S. , — „ — , — , __ _ , — . 1 — — . . .in ,- Chap. II. Jn acT-fUr tie more quiet fettling the bounds of ike Meherrin Indians lands. I; ^T 7HER.EA3 complaint is made by the Meherrin Indians, that the ErgPJb people difturb cht'm in their fettlements, \ V by coming to inhabit and. tend corn among them ; and alio, thai tftterr bounds allow ed by order of council dated OH , her the twenty fixth, one rhoutand feven hundred and twenty lis, did r.ot extend high enough up from the fork of Me herrin Neck: for remedy whereof, II. Be it entitled, by his Excellency the Palatine, and the red of the true end abfolute Lords Proprietors of Carolina, ly and with the advice and cvifent of the reft of the members of the General Xffembly ,naw me: at Edentoh, /or 'the North Eaft/ur/ of tbe-fati PrrSmce, and by the authority of th; fame, th.it the laid order of council be vaca'.ed, and that the Indian bounds atid limits Ihall be extended as fokoweth, viz. beginning : r.t the mouth ot 'Meherrin river, and fo up the river to the noutn of Horfe P allure creek formerly called Indian creek ; then by the faid creek up to the fork of it • then by the North Eaft branch thereof to the head of the fame ; then by a ftrafght line acrols to Chowan river, by the upper line of Mulberry old field furvey, to Samuel Poyers's land s ; then along the various ccurfes cf the river to the firfl flation. III. And be it a'fo enacled, by the authority afcrcfaid, that all Bigiijh people, or any other, living in the faid bounds, mail move off, and that no perfon but the faid Indians mall inhabit or cultivate any lands within the limits aforefaid while the laid J n di t :n r vsmam a nation, and live thereon : and if any perfon fhal! offend againft this act, en complaint made to Mr. John Boude, who is hereby appointed a commiliioner for the faid Indlcu-s, helhall grant his warrant to the confhble, requiring him with aid (if need be) toremove filch perfoti, at or before the twenty fifth of December next enluing; and any perfon refilling to remove, . fliall be brought before the laid con-mih'ioner, a nd upon his conviction of the fame, I hail foifeit, for the firft offence, five pounds : and if he ftill perliftj and refufe to 20 off from the faid lands after warning from the rommiiuoner, or by his order, for the fecond offence fliall forfeit the fum of ten pounds, and' for the third time of his fo offending lhall forfeit twenty pounds, and two months imprifonment, and give feairiiy for his or their good behaviour : to be recovered by bill, plaint, or information, in any court of record in this govern- ment ; wherein no effoin, pr •'•tecYion, or wager of law, mail be allowed or admitted of. IV. ji-td 'belt further enacled, by the authority aforefaid, that the faid commiffioner is herebv inipowered and or- dered to re inflate and fettle the faid Indians, in ;;h' ; ng them peaceable poffeffor. cf the faid lands, and to turn off any other per.'on or perfons inhabiting within the faid bounds, unlefs filth perfon have fpecial leave from the Gover- nor and council, for continuing thereon ; provided that this afl fliall not invert the fee-fimple of the laid lands in the Jndiais, but fuch as have p ueut; for the fa 11 ;, or any pare thereof, their title fliall be good and valid j neither mail- the faid Indians have liberty or leave to rent, fell, or any ways difpofe of the faid lands. Chap. VII. J!n a£l to confirm Bath town common. 1k W u KE ^ 3 traft ° f hml ' ad J 2Cent t0 Ba!h town > was granted and furveyed for a common, for the ufe of 1 .V the. faid town, and is bounded as followed!, viz. beginning at 3 marked pine at the e*ft branch cf the q\w £ 6 MWn etttk, running Uf> captain tt&rrkfars line to a bound cak, weft eight degrees north, two hundred pole ; thence to s Marked pine at David Perlins's corner, north eitht degrees eatt, one hundred and three pole ; thence to a hickory at the branch, north ten degrees eait, one hundred and fevenry two poles ; thence down the windings of the branch and creek to the fir ft ftation ; which laid land contains one hundred and forty five acres, but the title thereof hath never been fully confirmed : II- Be it then-fore entitled by his Excellency the Palatine, and the reft of the true and abfolute Lords Proprietors of the Province of Carolina, by and -with the advice and confent of the rejt of the members of this General Biennial Affembly, now met at Edenton, for the North Lalt part of the faid Province, and it is hereby enacled by the authority of the fame, tliat the faid land (hall he, and is hereby appointed a common, to lie perpetually foi the ufe and benefit of the inhabitants of Bath town, under luch rertric'tions and regulations as is or lhall be appointed for town commons ; and that the inflec- tion and immediate care of looking after the laid common, be in the commillioners of the laid town for the time being. —..i . ■ . f< ^ 1 , _ j XII Georgf II. The 6th of March, 1738. O. S. Chap. XI. An acl for appointing a town on the plantation where William Webfter now dwelleth in Hyde county, en the well fide of Matchapungo river. jrT 7£ pray that it may be enacted, and be it enacled, by his Excellrncv Gabriel Johnfton, Ef}/. Governor, by and with VV the aayice and confent of his Majeiiy's Council and General Affembly of ibis Province, and by the authority of the fame that all the land from a creek next to William Denmark's, ruuning to another cneek next to Richara Let i'nents, on 'a direel line on the river lide, running from the high land on each creek, cne hundred yards back, on a direct line, is hereby declared to be a lOtvnlhip, by the name of I'/oodftock, with all privileges and immunities, hereafter mentioned and exprefled, for ever ; and that the property of the faid plantation pr towralhipbe, and it is hereby henceforward inverted in Samuel Sinclair, gentleman, Mr. IVidiam Harris, and Mr. John Smith, or any two of them, who are here, by impowered to lay out the faid land into lots, of Halt an acre each, with convenient ftreets, not lefs tfian lixty feet \\ide. II. And be it further enacled, that Mr. John Smith be, and is hereby appointed treafurer and receiver of all fuch funi and fums ot money, which lhall arife on the iale of the laid lots, for Uie ufe hereafter mentioned; and on the death or departure out of the government, or refuial of the faid treaiurer to act, then the next fucceeding comniilfi- oner or truftee fhall officiate in his dead and place, and (hall give fecurity to the Jultices of the court, that he will be accountable tor the money he Hull receive by virtue of this ad. III. ' And be it further enacled, that every perlon whatfoever, who is willing to be an inhabitant of the faid town, fhillhave liberty to take up any lot or lots fo laid out as aforeiaid, and not before taken up ; which lot or lots the faid commillioners, or any two of them, are hereby directed and impowered to grant, convey, and acknowledge, to the per- foncr perfons fo taking up the fame, and to his or their heirs and alligns, tor ever, in fee iimple, upon the payment of forty fhillings current money ; and the laid cqnfideration money (hull be paid unto U'ilUam IWblier, the proprietor of the faid land, his heirs, and alligns. IV. ' Provided always, that it any perfon whatfoever (hall take up, and have conveyed to him, any lot or lots as a. forefaid, and (hill not build, or caufe to be built thereon, within two years after the date of the laid conveyance, a pood, fublfantial, habitable houfe, not of lefs dimenfions than twenty feet in length, and fifteen feet wide, beii'des iliedsor leantoes, or make preparation for lb doing, as the court of the (aid county, by view of an> u\o or more of them, lhall judge reafonable to fecure the lame, every fuch conveyance (hall be, and is hereby declared void and of none effect as if the fame had never been made ; and that the laid lot or lots (hall be free and clear for any other per. ion to take up and purchafe, on the conditions aforeiaid. V. Provided alfo, that all monies, arilingby the fecond or other fale of the faid lots, fha'l be, and is hereby ap- propriated and applied, for the building of a church ; and what (hall be more than will build the laid church, (hall be applied to fuch other ules as the faid commillioners, or the major part of them, (hall think fit, for the encourage- ment of the (aid town. VI. And be it further enacled, by the authority afvefal', that the commillioners, or any two of them, (hall have power and authority, and they are hereby required and impowered, to remove all niifances within the limits of the laid town ; and that no perfon, inhabitant of the laid town, or holding lots there, lhall indole the fame, or keep the fame mciored, under a common (take fence, but eyery lot therein Hull be paled in, or done with polls and rails let up. VII. Obfolete, VI I I. And be it further tnacled, by the authority aforrf.id, that all perfons, poflelTors or owners of lo' s in the faid town, fhall, and they are hereby obliged, within two years next after the ratification of this act, to clear all inch lots by them held and poll'elled, lrom all manner of wood, underwood, brulh and grubs, that are or may be offenfive to the (aid inhabitants, and (hall fo keep and maintain the lame, from time to tune, and at all times, hereafter, under the penalty of ten (hillings per month ; to be recovered by a warrant from one Juitice of the Peace .-one half to the in- former, and the other half to the commillioners, lor the ufe of the. hid town. JX. And be it further enacled, by the authority aforefaid, That in cafe ot the death, or departure out of the govern- »ner», of any of the fara comnv.flbiiers, at any lime hereafter, the p^iriaipiug commlffioners, together w'lh the Justices of the county court, are hereby authorifed ;ind inipowefed to make choice of fome. oilier pcrfou or perfons, to luccced fuch commilhoner or commillioners fo dying or departing as aforelVkl ; which perlbn or perfons to eleited and chofen, mall be, and they are hereby incited with as much power and authority, to all intents and purpo.'es whatfoevcr, as the prefect commiflioners herein appointed are invelted with, bv virtue of this act. X. Andb. choice of one church yard, X. And b: it further enafied, by the authority aforej aid, that the connjiilhoners are hereby impowered to make choice of one acre of ground in the faid town, wherever they ihall think lie and moil convenient, for a church and XIV Geokgk tl. The 21ft of Auguft, j 74 o. O. S. Chap. II. An atl to enable the commiffior.ers herein after appointed to ereel and finifh a church in Newbern, in Cra- ven county and Par if: , in the Province afore/aid, and for the belter regulating the faid town, and other purpofes therein mentioned. The firfl part of this acl, relating to building the Church, has had its effecl. XII. \ ND whereas in and by the aforelaid aft of aflembly *, there was a lot laid out in the faid town for a church, i \ which iaid lot being infufficient, and not lo commodious for the faid ufe ; and all the adjacent lots being taken up and laved, wherefore the laid vcftry have taken up four lots, more convenient and commodious, for erecting a church, and for a church yard, and other parifh ufes : Be it therefore emitltd by the authority a/ore/aid, that as loon as the faid church, fliaH be fit to celebrate divine fervice in, the faid tour lots (hall be faved to the parilh for the purpofes. afore-mentioned, in as full and ample a manner, as if the faid parilh had erected a houl'e on each of the faid lots, of the, quality and dinienfions prefenbed by the faid act for favirg lots in the faid town. XIII. And be it further enafted, by the authority a/orefaid, that the commiflioners aforefaid are hereby impowered and directed to make fale and difpole cf the abovementioned lot. at public vendue, after four days notice ;' aj ife . the f«te o! lie dud lots, for the ulcs hereaf- ter mentioned ; and on the death or departure, o.ut of the government oi i lie laid ti eafurer, the laid conimiflioners, or ihe major part of them, (hall appoint iome orher pe'rio'h treafurcr, in the place of the laid trearbrer. V. And be it further enacleil, by the- authority itfope/hid, th r. th; wvaUi: cr hereba appointed, and every trealurer that (hall or may he hereafter appoipjed by the cdiiimiifibners as ai : ' gi\ e |ectlr|ty to the county court, that hefha'l and will account with, and pa) in all ti-j monies he fhalj re :e;v'e by the iale of all and every the lot and lots that (hall be fold yearly, on the twenty fi;t!i d y of iff, rch t to Mr. r, ■;v the proprietor or the laid land. VI. Provided "at :■:.:• r, tha: if any lot 6r'Jbts\ma)i be grained and conveyed, by the (aid commiihoncrs, to any per- fon or perfons whatfoevcr, who (hall not, within two year:, build a good fublrantial habitable iiaincd hoide, not of lefsdimenfions than twenty fourfeet in length, and lixtccn feet wide, oeudes (hecisor leaiucs, or make fuch prepara- tion for fo doing, a? the cominiflioners, or the major part ct them, ih::!, on view, think reafonable,, lech grant or con- veyance (hall be void, and it is hereby d: qire'd void an 1 of none c-dVdt, as if the fame had never been made ; and the commilfioners may grant and convey Inch iot or lots which .'hall not be built on within the time.., and m the manner as is herein before directed, to any other perfoa or pe, fops applying for the lame, and paying the money for the laid lot, as in this act is before directed, for the ul'e of the laid tiope Dexter, or other proprietors, as .doreiaid. VlL And be it further en ac7ed t by ti. e ant ho if} rfo>\ . aid, that the commifiioners, or the major part of them, (hall be, and they are hereby impowered and authoriled, to remove all nufauces within the limits of the laid tov. n. VIII. And be it further end/Fled, by the uhthority .fore/uiJ, that no perlon, inhabitant of the (aid town, or holding a lot or lots therein, (hall indole the {'aw.-.:, or keep the fame incloied, under a cominon itake fence, but every lot there- in (ball be paled in, or in doled with polls and ra;is let up, IX. And be il further enailed, by tbt author'.:; af ore/aid, that all perfons, poficiTors or owners of lots in the faid W-vn, mall within two years from the dare o( their grant rr conveyance, clear, and keep conhantly clear, their lot or lots, from all manner of wood, underwood, bruih and grub-> ; under the penalty of one (hilling, proclamation money, Jor every month fuch owner cr owners of any lot or lots (hall neglt u to char, or keep the larne clear ; to be rccover- « d by a warrant from any Juflice of the Peace, and applied, by the laid commiilioners, inr aad towards clearing the itreeis in the laid town, jjj 10, an.l il, repealed by \ 7^, 12. XII. And be it further rnacled, by ihe auii,i-;ity ajon/a:,:, that the faid Jnftices may, and they are hereby impow- ered and authoriled, to make ule of the old eoort-houfe and prifon, for the ul'e of the (aid court-houle and jail, to be buiit as afored'aid in the laid town, either by pulling the fame down, and moving fuch part thereof as may be ufeful in buiiding the court-houle to be built in th • faid. town, as a'oreiaid, or by felling the fame, and applying the money ari- iing by luch (ale, towards erecfing tiie laid buildings in the Jaid town. XVII George II. The 2 d of April, 1743. O. S. Chap. VII. An act for creeling a Court-hr.ufe, Prifon and Stocks, in Bertie . county, and for laying a tux upon the inhabitants of the faid cow:')' for dt fraying the charge thereof. I. XT 7HEREAS great dilputes have arifen'in the t( unty of Bertie, concerning the place whereon the Court-houfe, VV prifon and (locks, mould be erected )a the faid county ; by reafon whereof, they have not hitherto been built : therefore, to afcertain the place whereon the fame (hall be built, and to prevent delays for the future ; II. We pray. that it may be. enacted, and be ilenacled, by his Excellency Gabriel Johnfton, Efq ; Governor, by and with the advice and confent of his Maje/ty's council and Genet til Affmbly of tins Province, and it is hereby enacled by the authority of the fame, that the court-houfe, prifon and flocks, of Bertie county, (ball be built between Cufhy bridge and Willi's Quarter br a dge, in the laid county, and that aJi courts (hall be there held for the faid county, after the fame ihall be built ; any law, cuftom, ufige, or order of court, to the contrary notwithfrar.ding. III. And be it further enacled, by the authority aforefdd, that the Juitices of the faid county, or a majority of them, are hereby imocv/crcd and required, at the uc.%1 col ft that Ihall be held for the faid county, after the pafling of thia , g aft, to purchafe of the owner, one acre of land, in fee Ample, between the fair! bridges, fjr the life of the public, whereon to build the faid court-houfe, prifou and flocks ; and (hall alio contract with, or impower other perfons ai theyihdi think proper, tocontricl with and employ work, for building and erecting die fame thereon. The reJtObfolete, ■ if ' XIX George H. The 20 th of April, 1745. O. S. Chap. IX. At ad, to tmprxer the commfffioners far the tovti of EJenton, to keep in repj.tr the toivi fence, and to ere ft ■ andbuiil afiwii. r.r, dges, public luharf and murket-houfe ; andulpfo ere/} and buiiia School. hrufe i/ithejaidtown, and. ether pwpofe ■herein mentioned. The 1/7 and la ft feci wis of this aft, provided for by 1 756, l_> II. A ND be it further enicied, by the authority aforefuid, that no perfon or perfons whatfoever, except the inhabi- £\ tants of the laid town, Hull keep, or caufe to be kept, any horfe, cittle or iheep, within the faid town, under^ the penilty of t.venty (.hillings, proclamation mgnev, for each and. every, offence ; to be. recovered and applied as in . this nit is hereafter directed. III. And be it further enucled, hy the authority aforefuid, that none of the-iuhabitants of the faid town, fhjllkeep, or caufe to be kept, running at large within the bound* of the (aid town, more than fix head of fheep, one cow and one horfe, for one lot, and fa in proportion for each and every lot by him, her or them lo p flluTcd, under the penalty., of t .venty- (hillings, proclamation juonp.y, for each and every-oftence ; to be recovered and applied ag in this aft is here- after directed. IV. And be it further end fted by atdhoriiy aforefuid, That the commiihoncFS of the faid town, or the majority oft theni are hereby authorized and impowered to erect and build a pound, bridges, publ c wharf, market houfe, and fghoo! houfe, in fuch public places in the faid town as they, or the majority ot them, (hall think moft convenient for the eafe and advnntageof the inhabitants of the (aid town : And for defraying the expence of building and eiectin"-, the faid pound, bridges, public wharf, market houfe, and fchool houfe, the laid com.niffioners thai! be allowed and' paid out of the money alreidy ariien, and not applied, and which hereafter (hull anfe, by the fale of lots in the faid town ; ajiy law, ufage, or cuftum, to.the contrary,, notwithftanding. . Chap. XL An ail for fencing the town of Rath, and re- Purveying the common belonging to the faid town, and exempting , the inhabitants from working on the main roads ; and to give liberty to the inhabit tnts to build on and improve the front or w iter tots, and to appoint commijfioners for the purpofes aforefuid. Ir TT7HF.R.&AS the inclofing and fencing in the town pf Bath, will be na.t only commodious to the inhabitants, but . YV convenient to travellers palling thai way : _ a good and furTuient fence, with one large gate fit for carts topafs through, and one leffer ^ate, fit for men and horles to pafs through. II f. And be it further enacled, by the authority aforefuid, that the cpmmilfioners hereafter appointed, or the majori- ty of them,. are hereby directed and impowered, to hire ard employ workmen, to make up or repair the faid fence and gates, when the majority of them (hall find it necclTjtry, and to compute the charge of the making and reoairing the lame, on the firft I\iel 'Jay in May, yearly, alter the ratification of this act : and for defraying the faid expence, the commiffioners hereafter named are hereby authoriled and impowered to lay a tax or levy on each taxable in the faid town, f.ir paying the faid charge, not exceeding the fum of two (hillings and eight pence, prpclamation money, yearly. IV. And be it further enacli d, by the authority, cforefaid, that if any • of the inhabitants of the laid tcv; n of Beth, or any other perlon or perfons holding or poflefliug lots therein, mall neglect or refufe to pay the (aid tax or levy, lo laid by t>;e commifhoners as afcrelaid, that then, snd in fuch cafe, the comnriffioners for the time being, or the majority cf them, are hereby impowered to fue.for and recover the. fame, by warrant from any Juftice of the Peace for the coun- ty, of Beaufort. V. And be it further en.ifted. by the authority aforefuid, that if any perfon or perfons (hall pull down, take away, or-by any means deft.-oy, any of the rails of the faid fence, or any part thereof, and dial I be thereof law fully convicted by the oath of one credible witnels, before one or. more Jufticcs of the Peace, he, (he or jthey, fo offending, (hall for ■ feit and pay, imo the hands of the Com mi (Tinner », for the firft offence, the fum of twenty millings, proclamation mo-, nev, and for the fecond offence, being thereof lawfully convicted as aforefaid, the fum of forty (hillings, proclamation mo. ney ; to be recovered, by the com nilfioners, by a warrant from two Juftices of the Peace : which money, (o by them recovered, (hall be by them applied towards repairing the faid fence. VI. And forafmuch as the inhabitants of the faid to.vn know not exactly the bounds of their feveral and respective: TO lots ; to prevent difputes for the future, Be it enabled, by the authority aforefaid, trat the commifljoiiers liereafter nam. ed, or the majority of them, are hereby required and impowered to employ the furveyor-general, or his deputy, to re-furvey the laid town, as near as pollible to the old plan, that no perl'on may be damaged thereby } and the torn- inifhoners are hereby impowered to lay a tax or levy on each lor, not exceeding two {hillings and eight pence, procla. clamation money, to pay the expence of lurveyin^ the fame ; which money (hall be paid by the owners of the laid lot or lots, into the hands of the coinmilfioner.s : and every owner or owners of fuch lot or lots fo furvcyed, are hereby obliged to let up pofls or flones for land marks, in prefence of feme of the commiihoners, at the time of furveying the fame, under the penalty of forty millings proclamation money ; to be recovered and applied in the fame manner as o- ther fines in this act are before directed to be recovered and applied. VII. And be it further enacled, by the authority aforefaid, that the common belonging to the faid town be a'.fo fur- veyed, at the expence of the inhabitants of the faid town ; and that proper land marks be let on the bounds of the lame, that perfons may know where the lame are, and not commit trefpafs on the lands adjoining. VIII. And be it further enacfed, by the authority afo'-efaid, that the inhabitants ot Bath town be, and are hereby exempted from working on the public roads ; provided that the faid inhabitants keep the town inclofed, in manner a- forefaid, and their itreets and lots clear of all incumbrances whatsoever. IX. And beit further enaclcd, by the authority aforefaid, that all perfons which have, or which hereafter (hall take- up any of the front or water lots in the faid town, are hereby impowered to improve the lame, by building and ereft- ng warehouies and fiores, or other buddings, as to them mall be moil convenient, for carrying on the;r trade and com merce. X. And be it further emitted, by the authority aforefaid, That C.ipt. Michael Coutanch, Col. Benjamin Peyton, Mr. John Rieujfet, Mr. Robert Boyd, and Mr. Daniel B linn, be, and are hereby appointed commifiionerstor the laid town of Bath, with power and authority to lue for and recover, of and from any perlbn or perlons who lhali refute to pay their proportionable part of the charges ariling and becoming due for any of the purpofes aforefaid j and on death or removal of any of the above commiilioners, the majority of tne commiiiioaers ihall choo.'e others in the room and flead of thole fo dying or removing. Chap. XII. An acl to encourage perfons to fettle in the town of Brunfwick, on the fouthweft fide o/Cape.Fear river. I. VT7HEREAS Maurice Moore, late of Cape-Fcpr, Efq ; deceakd, appropriated and laid out a certain parcel of VV land, containing three hundred and twenty acres, on the fouthweft fide of Cape- Fear, for a town, and common, for the ufe of the inhabitants of the faid to .vn , which faid town is called Brunfwick ; and the hon. Roger Moore, Efq ; to make the faid town more regular, added another parcel of land to the faid town, and a great part of the faid lands ■was laid out into lots, of halt an acre each, many of which are laken up, and good houies built thereon, and proper places were appointed and given, by the faid Mawice Moore, for a church, coun-honfe, and burial place, market houfc, and other public buildings, and whereas, by reaion cf the death of the laid Maurice Moore, and of John Porter, of Cape- Fear , Efq ; who claimed to hold part of the laid lands kid out for a town, by grant from the faid Maurice A'loore, it is not certainly known to whom the faid land belong, fo that fure titles may be had to the lots, as yet unfold, which i? a great difcotiragement to the fettling the laid town : and whereas the trade of Cape Fear river confifts in naval ftores rice and lumber, commodities of great bulk and firiall value, all due encouragement ought to be given to large (hips to come into the faid river, to take off the faid commodities ; and as all large fhips which come into the faid river, are obliged to lie at Brunfuick, and that town for want of a Sufficient number ot inhabitants, and by reafon of the eafy ra- viaarion thereunto, is much, expofed to the invafion of foreign enemies in time cf w ar, and pirates in time cf peace, no- thing cjn be a greater encc.uragen.ent to fhips to come there, than a certainty of being well fupplied witn necellaries, and well iecured, during the time they lie there, which can be no way be better done than by increasing the number of. the inhabitants of the faid town : for the effecting of which, and remedying the inconveniences above mentioned, and iettlmg and fecuring the titles to the laid lots hi tt\k laid town. II. We pray your moil f.icrcd Majefly that it may he enacted, and be it enacted, by lis Excellency Gabriel Johnfron, Efq ; Governor, by and with the advice and con/er.t of his Ufajefty's Council, and Central Xffernbh of this Prr.ir.ee, and by the authority of the fame, that the'faid lands appropriated and laid out for a town and common, by the faid Maurice Moorq and Roger Moore, be, and they are hereby declared to be, from henceforward, myelied in the Hon. Edward Mcfely and Roger Moore, Eftjrs. and William Dry ,. John Wright, and Rfchurd Quince, merchants, in fee, to and for \he trtift and purpofes herein after mentioned, and their lucctll'ers, as commiilioners for the faid town of Brunfwick ; to be dilpofed of in manner and form as herein after is directed. III. And be it further enaclcd, by the authority aforefaid, that on the deaih or depar'nre of any of the faid comrrir- fioners out of this province, at any time hereafter, the remaining commiilioners, or the majority ot them, are hereby fully authoriled and impowered to elect: and chooie foine other perfon or perfons to fucceed inch commillioner or com- miflioners fo dying or departing as aforelaid j which perfon or perfons lo electee' or chefen, ihall be, and they are hereby invefted with as lull power ana authority, 10 all intents and j urpefes, as if they had been particularly named in this aft. IV. And be it further enacled, ly the authority aforefaid, that the Hc-noun.ble Rcger Moire, Elq ; ihall be treafurer and receiver of all the monies arifirg, or 10 ai ile, by the iaie of the laid lots ; and on hi, death, or departure out of this province, then the majority oi the commiffioners to chooie another, he giving lecurity to the {aid comniifTioners, that he will be accountable for all the monies which he fhall receive for the faid lots. V. And be it further tnacled, by the author) tv aforefaid, that the faid commiflioners, or any three of them, as foon a? they conveniently can, (hall lay out lb much of U)e faid lands, fronting die river, for a town, into lots of half an =cre each, with convenient itreets and paflages, as they mail think iuflicienf and the remainder thereof, not laid out into lots, fhall be, and it io hereby declared to be a common, for the public ufe of the inhabitants of the faid town ; a pkn or which town and common the commiflioners fhal] record ip the Secretary's Office, by which plan, fo iecorded, all dif- putes hereafter concerning the lots, ftreets and paflages, of t lie faid town, and alio the common, Jhall be decided. VI. And be it further enacted, by the authority aforefaid, that if the faid ccmmiffioners, or the majority of them, flr.II think the places already laid out for a church, burial place, market-houfe, and other public buildings, not convenient for the laid uies, that then the faid commiflioners, or the majority of them, fhal] lay out and appropriate fuch other places, for the Ulesaforefaid, as they fliall think molt convenient. VII. And be it further enacted, by the authority afore/aid, That every perlon who is willing, or defirous to be an inha- bitant of the faid town, fhall have liberty to take up any lot or lots fo laid out as aforefaid, and not before taken up, pay-\ kig unto the treafurer or receiver for the time being the fum of three pounds, proclamation money ; which lot or lots the commiiiioners aforefaid, or any three of them, are hereby required, directed, and impowercd, to grant and convey to the perfon fo taking up the lame, and to his heirs and afligns, forever : forty fhillings whereof fhall be paid, by the faid treafurer, to fuch perfon or perfons, his or their heirs, who hath the title to the faid lands, and twenty (hillings, remainder thereof, to the churchwardens of Si. Philip's parifli, in New Hanover county ;• to be dhpoicd of as the veiu-y Of the -faid pariih (hall direct. VIII. Provided always, that if any perfcn fliall take up or purchafe any lot, in manner as before directed, and fliall not build thereon, within two years after the date of the conveyance for the faid lot, a good fubltantial habit- able houfe, of thedirnenfior.s of twenty feet long, and Sixteen feet wide, without fhed, or make fuch preparation for {6 doing as the commiflioners, or the majority o' them, fliall judge reaibnable, then every fuch conveyance fhall be null and void, to all intents and purposes, as if the fame had never been made ; and any other perfon or perfoiio fliall have free liberty tp take up the faid lot o r lots in tbciame manner as before is directed, as if the fame had never been before taken up. JX. And be it further enaffed, by the authority aforefaid, that all money arifing by fuch fecond or other fale of the faid lot or lots, fliall be paid by the treafurer or receiver, to the churchwardens of St. Philip's pariih aforefaid, to be difpofed of as the veftry of the faid pariih fhall direct. X. And be it further enucled, by the authority aforefaid, that the commiflioners, or the majority of them, fliall have full power a-.d authority, and they are hereby authorifed and impowered to fell and convey, in manner aforefaid, one or more of the laid lots, as they fhall find necefl'ary ; and apply the money arifing by the fale of the faid lots, to defray the charges they fhall be at in .'urveying and laying out the laid lots and common, and making and recording the plan thereof. XI. And be it further enacted, by the authority aforefaii, that every perfon who is now feized and polTefTed of any lot, and hath, by himlelf, or thoi'e uncier whom he claims, been fo feized or pofTefled for feven \ears laft pair, and cannot produce any title to the fame, fliall make it appear to the commiiiioners, cr the majority of them, that he purchafed the faid lots, bona fide ; and if the faid"cOmniiifiuners, or the majority of them, fliall he /atisfied that he purchafed the faid lot-, bona fide, then they fhall give him a ceruticate thereof, under their hands and feals : which certificate, being regif- tered in the regifter's office of New Hanover county, fhall be a fufficient title againlt aH titles bearing date after the ra- tification of this act ; and whtre any lor doth belong to any perfon decealed, his executors or adminiltrators fhall have the lame liberty or privilege. XII. And be it further tnacled, by the authority aforefaid, th.it if any perfon or perfons pour fled of any of the faid lots, die without heirs, or Hull not make diipolition thereof by will, or otherwiie, then, and in fuch cafe, the faid lot or lots fhall revert to the faid comuniTior.ers ; and ihafl be fold by the cornmiflioners aforefaid for as much they can get ; and the money arifing by iuch file lhali be ddpoied of by them for the ufe of the faid town. XIII. And for the better encouragement of perfons to fettle in the faid town, be it er.acled, by the authority aforefaid, that from and after the ratification of this act, all veftries for the faid pariih ihall be made and neld in the town of Drunf- wici, and at no other place whatfoever. XIV. And be it further enacled, by the authority aforefaid, that the church for St. Philip's aforefaid, fliall be built in the faid town of Er^nfx'ick. XV. And be it further en.ulcd, by the authority aforefaid, that the .commiflioners aforefaid, or any three of them,* fliall haVe full power and authority, and they are hereby authorifed and impowered, to remove all nufanccs, cr what die; fliall judge nrjfances, within the limits of the laid town, and fhall not fnAer any perfon, owner of any lot or lots in the laid town, to mcio!e the fame with a common flake or worm fence ; hut every perfon who will indole a lot or lots, fliall inclofe the fame with pale;., or pons and rails let up :and if any perfon or perfons, after notice g ven, fhall not take av.ay and n n o' c ir.i, i:..l c or worm lerce,.ti;en, and in !uth cafe, the faid comnuilicrtrs or any tl ice of then ii. all citcr the ian.e to be,,talen away, at the c< lis and charges of the perfon v ho is in pcfieflirn cf the faid let cr lots: and if tic p fli (Tor re ulcj to pay fqr the fame, then any three cf the commiflioners aforefaid are hereby impov eird ard authorized to rrant a warrant under their hands and feals directed to the conftable of t lie fad tow n, to levy the fame, by diftiels and iale of the offender's goods, returning the overplus to the owner ,- and the faid ccnftable ie 12 hereby required to execute the faid warrant.. XVI. And be it juriher enicled, by the authority aforefaid, that all and every perfon and perfbns.pofleflors or own- ers of any lot or lots, in the laid town,, fhall, within one year after the ratification of this act, clear all and everv luch lot and Iocs by them held or pofleileJ, ot all wood, underwood, brulhor grubs, growing, (landing, or being on the laid lots. XVII. Ani be it further enabled, by the authority aforefaid, that if any perlon or perfons, poffeilbr or ouner of any lot or lots in the laid town, fhall omit or neglect to clear the fane, as a bo ve directed, within the time abo^e limited, and - keep and m i ntain the tame fo cleared, then, and in luch ca'.e, the comm ; iTioners, or any three of them, lhall caufe the fame to be cleared, at the colts and charges of the party offending ; and if tne party fo offending lhall, upon demand made, refule to pay luch fum or fums as the commillioner?, or any three of them, fhali order, for clearing the fame, then the laid couimilli oners, or any three ot them, lhall ilTue a warrant, under their hands and leals, to the conttable- of the faid town, to levy the fame, by diltrels and fale of the offender's gouds returning the overplus, alter all charges- are paid. XVIII. And b: it further enatled, by the authority aforefail, that if at any time, after twenty days. after the ratifica- tion of this act, any tavern-keeper, ordinary keeper, or any other perfons v hatfoever, felling liquor, ox keeping a pub- lic hou'e in the faid town, (lull fuffer any perfon or perlons whatioever, to fn tippling or dr nking in his houfe, in tinre- ©f divine fervice on the fabbath day., or lhall fuller any perlon or peilons toget drunk in hishou/.e on the fabbath, fuch perfon or perfons fo offending, fhalllorfeit and pay, for every fuch offence, the fum often (hillings, proclamation money. XIX. And be it further enabled, by the authority aforefaid, that if an / perlon or perfons whatfoever, in the faid town, fhall, in one month after the ratification of th:s act, on any pietcnce whatfeever, give credit., loan, or truft, to any ma cept by the leave or licence of the mailer or commander of the veiTel he belongs to, or where fuch failoF or mariner, fhatl have l«jft the flip uV vellel to appiy to the courts' of juftice, in any difpute or controverfy w.th the captain or com- mander ot luch flrp or veffel ; that th^n, and in luch cafe, he, the or they, fh-il!, for every fuch defau!.t,]ofe all the mo- nies and goods fo truiled or credited. XX.. And be it further enicld, by the authority afirefaid, that if any perfons whatfoever fhall willingly and knowing, ly, entertain, retain, harbour or keep, or (hall, directly or indirectly, luffer to be entertained, retained, harboured, or kept, any feaman or mariner, belonging to any veffel aforefaid, in his, her or their houle or houfes, exceeding the - jbace of fix hours, without Mie privity aid" content of his or their nuiter or, commander, or one hour after, againit the content of the matter or cormnander (except as in the cafe before excepted) he, the or they, fo offending, lhall lorfeit and pav the fum of forty (hillings, proclamation money, for every fuch offence. . XXI. A-id be it further enaclrd, by the, authority aforefaid, that if any perfon who keeps a public houfe, fhali after the ratification of this act, entertain, retain, harbour or keep, or fuffer to be entertained, retained, harboured or kept, any feaman or mariner, belonging to any veffe! as aforefaid, after eight of the clock, in the winter, at nigiit, and nine of • ihe clock, in the fummer, at n'ghr, except the framen or mariner hath leave from his maiier or commander, in writ- ing, to be on Ihore (except as in the cafe before excepted) he or (he fo offending, fh.ill forfeit and pay the lum of ten . Ihilliags, proclamation money, for every fuch offence. XXil. And be it further enatltd, by the authority afire/aid, that in cafe 2ny perfon or. perfons whatfoever fhall be. fued or moleffed for any thing done in the execution of this act, he, fhe or they, fhall and may plead the general iffue, ( and. give this act in evidence ; and the Judge and Judges fhall allow thereof. X\III. And be it further enacted, by the authority aforefaid, that all penalties and forfeitures by this act made and . jmpofed, fhall be, one half to the vefrry and churchwardens of St. Philip's parifh atorelaid, and the other half to him or . lhem who will fue for the fame ; to be recovered by a warrant from any one Juftice, if the lum doth net exceed twen- ty (hillings, proclamation money ; and it the penalty or forfeiture exceed that fum, then by a warrant from any two , jultices. XXIII George II. The 17 th of March, 1749. O. S. . Chap. VI. An 3d! for appointing and laying out a town on the plantation of Mr. Samuel Jordan, on tie north fide oj ' Roa- , noke in Northampton County, ; and for eft ubliflnng two fairs to be held annually therein. I. TT7HEREAS the inhabitants of Northampton coun'y have petitioned for an act, for appointing a town on the VV plantation of Mr. Samuel Jordan, on the nonh fide of Roanoke river, in Northampton county t II. We pray that it may be enacted, And be it enac7ed, by his Excellency Gabriel Jchnfton, Efq ; Governor by and luiih the advice andconfent of his Majefly's Council, and the General Afftmbly of this Province, and by the authority of the fame, that as foon as the proprietor of the faid land fhall acknowledge his confent and concurrence, in open court of the faid county, to have fuch part of the faid land laid out for a town as herein after is directed, S.tmuel Jordan, Wil- liam Short, ivillia 71 Kinchen, Francis Ctrbin, and John Daw/on, are hereby nominated and appointed commillioners, and', they, or the majority of them, are hereby inv fted with full power and authority, to lay out thirty fix acres of land, on . fhe, faid plantation, for a town, by the name of Hawns y and to lay out the faid thirty fix, acres into lots, of half an act*, *3 each, with convenient nretts and fquares. III. And be it further emftcd, that when the conmifTloners, or the majority of them, have laid oji the fifld town into lots and itreets, as aforelaid, every perlon whatfoever who is willing to be an ininbita it of the fa?d town, (hall have liberty to take up any ioc or lots iblaid out as aforefaid, and not taken before ; which let or lots the cohitnifiVbh.- ers before appointed, or the majority of them, are hereby iaipo >vered to grant, convey, and acknowledge, to the perfon or perlons lb taking i.p the lame, his heirs and afligr.s, for ever, in fee, upon tne payment ot live pounds, proclamation mousy, or the value thereof, to the treafurer herein alter mentioned. IV. And be it /.<> rtber enadlcd, by the authority aforefaid, that William Short is heieby appointed 'treafurer and re- ceiver of ail luch Inn or lums of money as (hall arile by the fale of luch lots, for the nfe h reafter mentioned j and on the death, or departure oat of the government, of the laid treafurer, the laid cernmflfioners, < r the major part of them, ihall appoint lone other perfon treafurer, in tne place of the laid trealurtr Co dying, or departing the gbverntnent. V. And be it enijfcd, by tije authority aforefaid, that the treafurer that (hall or may be hereatter appointed by the commi.Tioners as a orefaid, Hull give lecurity to theccumy court, that he ihall and will account with, and pay in all the monies he Ihall receive, tor the fde ol all and every the lot or lots, thac lhall be fold, ) e-.uiy, on the tvs er.ty fifth day of March, to Mr. Samuel Jo/ d n, or the proprietor ol the laid land: - . V I . Provided akuays, that if any lot or lots (hall be granted or conveyed by the fa ; d commitlioners, to any per'on or perfons whatfoever, who ihail nor, within two,yeats,buikl a good lubltautLl habi'ai Je framed houfe, not of \e£i dimen- sions than twenty leetin lengtii, and tixteen feet wide, befides fheda or leanioes, or make fnch preparation lor !o do- ing as the co-nmiiiioners, or the majority of them, lhail, on view, think realonable, fuch grant or conveyance (hall be void, and it is hereby declared vo;d, and of n.>ne. effect, as if the lame had never been made ; and the comtniftoneiS may grant and cotiveyfuch lot or lots, which Ihall no: hi built o.i within the',time/and in the manner as is herein be- fore directed, to any other perfon or perfns applying for the fame, and paying the money lcr the (aid iot, as in this ad. is before d re dee J, for the ti'e of the (aid Samuel Joriatt- or other proprietor, as aforetaid. VII. 4nd be if' further ptaHed, by the authority afo~ efaid, that the commifiiontrs, or the majorry of them, fit all be, and they are.hfereby impowered and authorized, 10 remove all nufances within the limi s of the laid town. VIII. A.ilbe it further entered, by the authoiity aorefc.id, that no perfon, inhabitant of the laid town, or holding a lot or lots therein, Ihall indole the lame, or k'ep the fame incloled, under a commonifakeiei.ee ; but every Jet there- w lhall be paled, or inclofed u'th pods and ra'ls let up. IX. And ue it fwther enucl.'l, by the authority ofrefuid, that all rerfons, pofleffbrs or o vners of any Jot or lots in the faid town, lhall, within two years fro.n the d ite of tieir grant or conveyance, clear, and keep condantly clear, their lot or lots, from all manner of *ood, underwood, bruJh, and grubs ; under the penalty of one fhillng, procJairation mo- ney, for every month fuch owner or owners of any lot or lots (hall neglect 10 clear or keep the fame clear • to be re- covered by a warrant from any Juftice of the Peace, and applied, by ihefaid comiilioners, for. and towards clearing the itreets in the faid town.. X. And be it further- ena fled, by the authority aforefaid, that it (hall and maybe lawful for the inhabitants of the faid town, to hold two fairs, annually, in the faid town of Hawns, to wit ; one on the lecond Tuefday in the month ot Oc- tober, and the other on the firft Tuefday in the month of January, during the (pace of three days at each tims ; under fuch rules and regulations, an.!, as near as may be, agreable to the rules and regulations thatfairs are ufually held and kept in the kingdom of Great Britain*. XXV George II. The 27th of September, 1751. O. S. I. Chap. XII. An ail for building a church /^Wilmington, in St. James'j parifh, in New Hanover county. WHtRE \S the church of St. James's parifh, in New Hanover county, is by law appointed to be built in the town ot Wilmington ; and whereas many well difpoled perfons have fubferibed liberally thereto^ and a fur- ther fum is yet neeeflary to, carry on and com pleat the fame. : wherefore. II. Obfolete. III. And to encourage a further and largerfuhfcription, for completing the faid church in a decent manner, he ii tnailed, by the authority aforefaid, that every fubferiber mall have a proper place in the laid church, to build a feat or pew upon in proportion to his fubfeription, as the commifTioners or the majority of them, may determine ; which piece or parcel of ground fo adjuded and let o.T, ihillhc aneilateor inheritance to fuch perfon or perfons his or their heirs or alhgns, for ever : fuch perfon or perfons building, or caudig to be bu.lt, luch feat or pew, as the commifTioners may judge proper and regu'ar, foas the fame be let up and finiihed, within fix months after compleatine the f;;id church. I or the majority ol James's parifh, fuci __ .- r~ • \ °. — ~~~* — — -Tj ». my ■■•»jy > i.j w» >»»Mij i"«^ j v * %4 fc v- ■n*-*^ proper* V . And tnat the laid church maybe carried on and finifhed in the bed and heated manner, and with all proper ceco- nomy, be it enacled, by the authority aforefaid, that all the members of his Majedy's Council, Samuel Siuann, Jofeth W«*e, Wilhum fans, J dm Samtfon, Lr*is D'RotTtt, and John Afbc, Efijwires, be appointed commiffioncrs ; and they* 14 .... or the majority of them, rctubnt in the fa d pariuh, mall have and maintain an -clion in any court of record id this province, againit any fubfcriber neglecting or retuftn^, a.ter demand made to pay the motv y by iiim or her fubfcribed to and tor Lu ming tlie laid church : and the comnuilicners, or the majority oi them, as afw tlaid, are hereby itnp'-wer- ed to fix upon a proper plan for the laid church, ard to agree with artificers, to purchaleand get the materials toge- ther conveniens tor the huildirg, with all that may be necelfary for coinpleating the fame. - VI. And whereas » piece or parcel oi land 's already allotcd, and made over by Michjel Higgins, at that time one of the proprietors of the aforelaid town of Wilmington^ tor the building a church avd church y-rd, the- wnole Contain- ing onlv halt an acre, w ,icli being too f.nall tor anl wermg both purpoles : Be it tnacled, by the authority cjyelaid, that thn laid commilhoners (lull bj at liberty, and they are hereby iinpowereo, to make ufe ol thirty feet of market itrcet for the front ol the laid church to be feated upon, if they judge neceflary. V i 1. A. id tor enlarging the church yard, be it enabled, by the authority tjorefaid, that the commiflioners before men- tioned, ill a 1 1 be, and iliey are hereby impo.\ered, to pu, chafe filch Ouiiei parcels of ground, adj iuing to the lad half acre, as they may judge convenient, tor the ui'e of the chn r ch a id church yjrd. VIII. And be it further rn.icled, by the authority ajor.faid, ithat it any lublcriber fha'l die pcfiefTed of a fear in the fa d church., and no heii or fiign ot auv Inch fubfcii jer or iufilcrmeis io dying j o.lelied as aorelaid, lliall claim the i.m: within three years after the ueath of fuch lublcriber, the churchwardens for ine time being are hereby impow. end to dilpofetf the fame, lor the benefi' of the laid pirilh ; any thing in th s act, to the contrary, n.otw iihlUnd ng. IX. An I be it further enacle.l, by the authority af,rAldt, mac tlie couimillioners Hull yearly, on every Rajter Monday, if required, produce a lair Itate of their accou t . witn tlie vouchers', to the veitry and churchwardens ot the iaid pa- r.lh of St. J. utes ti ei cin n.tntx;itd. I. VT7Hi'»EAS l'.veral w.ell tiilpoled perlbns a e inclined to fuburi e ami contribute leveral fums of n orrv to. W wards ouldiiig a church in the town of Bruu/w'uk, .11 the p„nlh of &Yv. J l.iup, and county of Atw Hanoxer : for the more effect lal coileuing and applyuig the la d Icblt riptioi.s. I. We pray .t.nij be eua.'te I, anl ie it en.tcled, by his Excellency Gabriel Johnlton, Efq ; Governor by and -with the advice aiu con/ent 0/ bis M.ijti, \ 'j Council, and the General ////e>nbly of it/is Proline, .nd ,t i^ hereh .< >n cl d,ny the autho- rity of the j. m , tilt the honourable Auttlevi Rowan, and Jutt.es n»lttl, Llqi • . Join Rujjtl,* d milium Dry, Efqrs. Richard --Quince and "John Davis, gentlemen, be and are herehv appointed coiiimihiuiiei s w.m lu!: power and ui horny, to collect and receive of and !roin all and every perlon < r p< r ons con rbuting to the bu klmp o» the laid church, the Jeveral fum or fums of tnoDcy, or other donations wluiloev„r, a Inch Mai , ai d.y lime hcrc..c , be by luch perfon or perfons feverally lulVfcrthed and contributed! III. A.iabe'U farther en.iclzd, by the uut..ority afo-efuid, that in cafe any perlon or pcrfens, fubfir bii g or conrribu- tlhgVs aforefaiJ, m> or tne.r iieirs, executors, or aduunttrators. Ihall negl ct or reiule to pay to the laid ominilii >r.crs, or the majority of them, or their order, tn- lura or funis bj ih.,11, their anccitors, ttlta-.ors, or tntella'es, relp dvcly fublcnbed, g:ven, b ■ ijueatiied or contributed as ..forelaid, it dull and may be lawful to and tor the faitf cotiiniflioners, or the major ty ot them", for the ume being to niaintai) an action or act'i ns in thei own names, ag unit fuch person or persons riegie&n - or retu'.ing as aiorela.d, in any c ourt v> hhin tuis province, wherein the la ue is cpgnizablc. IV. And bi-iuita.ted iy the uuthoritv a/o^efard, tha. mi cafe of the death, departure out ot il.e ] aril!', < r r'/ufal to aft, of any of the lai 1 cximuiiliioner , 1. Ih.dl be laulul :oi ihe reman ing coiiMliiiiluuer^ t .^etlur with t ie cl urchward- ens a, id veftryof the ia d parilh tor the time bemej to choo e and appoint another comm Ihoi t. r , in ti.e room of luch comm llio.ier dyi'-g, dep.irtaig the [arilh, or reltui.ig to ^€1 asaforefaid^ and ti.e coinmdlioiier £j elected and .) point- ed, lhall be ii.veittd w;ih all the po*ers and au;hi'ruus oi any other C( mn. Ifli mr a| \ oiuird by this aft. V. And bt it fuit'H-r tn 'i ted, by the authority t.Jcri-/,././, tiiat tit d \nal Wmf.tt " ■«'• M, Ot other dt ma: ior s whatfee- ver, which llnu oe collected or received, by virtue ot tins act, (hail be applied by tne fnd iomm:|]ii» ,er=. or ihe major- ity of them, Iron time 10 tune, to- and towards bidding a cliiiieli in t ie toun ot L-tutiJu.e. a orciaid, and towards pur- chafing a g ;be, and >u Id.ug a m mlion home for r e U e cf the f.nd | arilil. VI. ^t! I be it father enacted, tnat ihe commillioners ipoomied, or :o .>e appointed by virtue of this acl, flull ac- count, uroiioath, v iiiHhevelh) ol the ia d , ;a if , tl ,i,ki ;. 1 tleniiii'es, or other dona- tions v.hicii they ore iher ot intnuhall ieceive,$or the nic and purpoles nei em t,ej«Tc- inentiolicfl, inider the p -nalty of ei pound,, proclvnatioi. money, tor eaili comii tti ui.it r. loin g . r n. gh tt.i;, toa.mii a's afore laid ; «o b- reco- vered by the church .v.iid.'ib pi the laid paruii for the tmie bemg, lor the uie oi the hid panlh, in aiy conn ol record .Within mis province, Aheiein the fame \% cogn .caDie. i;y cowt of Duplin, and tu imfhw'er the commtffialu ers therein n 1 tied to bu U a curt-trnje ft, i/on and/Jtu *a, ii» Vel.au , unly, ami fot enlargirg the b,unds tbertlf. Wiliv.KA> bv an act. imituitd, un ..cl tor ,1 tcli-t K ti.e /■•/ ' p >t of New Hai.oxcr cunty into a county and patjb, by thciumc cfDaA.a ^uat /t a>u iV. O^ofietV r .., j,:, „„d 4 or ^p/u.t.rg a.pUej .r luilU.,^ a cOurf> 1$ houfe, pnfoit, and ftocfo, hi the fall county, *amonoft other things it was rnaifred, that the Jtiirices of the faid court, or the mijority of t iem, at t,.e:r firlt mee nig, ftiou.d nominaie and dppomt a convenient place within the fair! county, to bold acourt.h.mfe, prifm .mil itock, j winch ia.d J ultices, being iAea unacquainted with the bounds of the faid county, did by order ot .be fa.d con.t, appoint apUce whereon to build a court houle, pnfon, and Hocks ; which faid place, on examination, is found 10 be w ithih ten miles oi the eattei n bound* of the faid county, to the great inconimodity and detriment of the i ii.abitant. thereui a -tending the laid court : wherefore, II. We pray it may be enacted, and be it tnacled, by his Excellent} Gabriel Johnflon, Efq % Governor, b% and ivith the advice and confent of his MajcLy's ( outtcil, and the General Ajjtlttbty of the J.iiu Province, and bv the authority of the fame, that the ecu t houle, pi lion and lfocks, tor ihef.nd county pf Duplin, inall be fixed as near ihe centre ot the faid county as conveniently tan be, and that Mr. Arthur Bli.ckman, iVir. Anthony Williams, Mr. William M'Cee, Mr. johu Bi ock, of Vutin county, and Mr. tViiliam Mills, ut'0/fljw county, or the majority of them, are hereby nppom ted, upon their oaths, to fix the molt convenient and centred ptace in the laid county to build the laid court lu,u;e, prifon, and ltocks : on ; and their proceedings theieon return to the next bounty court, afte. they or the majority of them^hail agree tn c.ie fam •• ill.. And be it friher en idled, by the authority aforefuid, that Mr. George Mears, Mr. William H'.uf: 'on, and Mr. Jofph Williams, be, and tuey are hereby appointed coiiinnilioners for erecting and building the laid court-houle, prifon aiuUtotk , ; and alio to contract »nd agree with wcukiiien to nuiid the lame, of lueh dimeullous as ihall be agreed oil by the county court. IV. And tor deiraying the exp p nce thereof, be it enaded, by tie author ;ty afort faid, that fo much of the tax laid upon the inhabitants of the laid caunty.and already collected, as well as wJiat hereafter may be collected, for and o* varJs bit id n_r tne court houle, prilo ,, and itocks, ihall be b> the (heriffof the laid county, accounted lor and paid Unto tne alore-inentioi ed coivmhlioi cr, and be by mew applied lor and towards building the court-houle, prifon. and ltotks, in rh s act mentioned to be bun*. V. And tx it en. tied, by tie authority (ifcttjfiid, that the claufe in the before recited acT, fo far as relates to the ap. pointing a p:ace for budding a tourt-houie, pnio,,, and itocks, and building the l«me, be and is hereby repealed, and i;,a!e void, to all intents, purpoies, and conitruCt ons, as :t the lame had never been mad-?. VI. And whereas t e dividing line between Xeu Hanover county and Duplin is circumfcribed by Cohe-v, by whi. h r-i a. is a long n irro.v iti 4pe of lanJ, between the laid tphtfy and Black river, Hill ren ains in Nev) Hanover county, v Ivch rehdfcrs i. .'ery inconvenient to the inhabitants dwd.i g thereon to aueud the courts at Wilmington, bv reafort o! i.s great diitance thereirom : b it tie freeiacled, by toe authority aj 'ore/aid, t at the line becween the laid coun- ties (bail be co itinued from the | Lee whe.cCjj ry and the/iix runt meet, by a weir, courfe, until the lame ftrikjss LL.ikrivir, ai d from thence t ie entity ol Duplin ih..;i_he bounded by Black river, up 10 the mouth of Black Minm cireL, tlieiKe up the faid creek to the n on \ A tile iaid county ; any thing in the act for erecting the upper part of Arw.Ha>ovd county into a counts and u-rilh, by .the name of Lup'm .ouuty, and St. Gabriel's pardh, for' 'lie appoint. inn a p^ce tor Buutlibg'a court boiifi, [ i Hon, and ilecks, in the I- id cc umy, concerning the bounds ol the laid county to the contrary, not w;thlt:.nding. "N. C. L. 3, I749, I, 137; 1754, 11. XXV Gi oiigr IJ. The 31ft of March, 1752, O. S. Cap. VII. Ana&f4rapp.imhtg undlayvg-ut ato-axn at Blackmails landing, on the weft fide oj Caih river, on a plan. t. liui belonging to Jolepil \V imberly . h \/\7 HE ' ? EAS ™ 3ny ° f the " l!l: ' ; ' amb °' $ ert ' e *9"W. harts petitioned for an aft for appoinfng a •■<>„ n at a jlace \ V cal.ed^/« k»n-n's t,ndmg, on tne welt Ude of Ca/w i iver on a plantation belonging to Jo/eph li i..ut !v and t!'at co 'miilliontrs :i : ay be appointed I'm- las nig out the fame : "' II. W (J p-ray ii m,v be euaciea, Aid be n erailed, by hi, Exce.'lencv Cabrie! Johnflon, Eft ; Governor by and •u;!li he ad, „ etrd ovum ot ,is ■>< Jt ly' J Council, «ndti:e Cener, Ujfembly of this Province, and by the authority niug -he laid landing, line lots of hail an ace each, vwth eunveni. tot tire is, and a pace lit a church, and nVrk'et. I'l Anlbe itturlhere>u;^d,l, v tre.u.tlority afortfil that when the coru-rimVnrrs as afe fame had m v^r been made ; and the com.!), limners may t I ant and convey luch lot or lots which ih ill not be bu.lt on within the time, ami in the manner as a before directed, to any other per* Ion or perlons applying for the lame, and paying the money for the laid lot or lo;s, as is in th.s aft be.'ure dircdt^d, (or the ufe of the laid Jofph Wimberly, his heirs or afligiia, as aforefaid.. XXVI Gsorge II. The 27th of March, 1753. N. S. Ghap. II» An acT~fur appointing and laying out a tow-n on Core Banks, nsar Ocacock in'et, in Carteret coun'y, an ' for ap^ p,i:ting co-mn'ifjiomrs for complealing tb.~ fo-.' at or mar ths funic place. . I. VT7HEREAS the trade of this province is greatly obitructtd by realon ot the (hoals which .lay within Ccacock V V inlet, fo that the merchants and other traders are obliged to employ f.nall veDTe's, in lightening others of great- er burthen over the (watch, which is not only very expenfive, but alio very dangerous, lor veiT.ls ot large burthen, laying a: the fwatch, during the time they are fo lightening over it, notwith'ftandjng ft] ps of very great burthen may with great lafety come over Ocacock inlet, and commodioufly ride at anchor in the harbour adjoining Core Banks; and as it is found by experience that the merchants trading in Albemarle county, Pamb'ico, and Neu/'e rivers, are obli- ged to fend do.vn to Ocacock inlet or Core Banks, femetimes the whole, and almoit always one half of the loading of their veffels, of any conlklerable burthen, to that it is abfolutel,- necefiary to have warehouses and other conveniences on the. faid banks, near the faid harbour, tor the reception and fafe-keeping of the commodities they are conftantly obliged ta fend down, for comrl-a.ing the loading of their fhips : II. We iherelorefore pray it may be enacted, And be it enacled, by the Honourable Matthew Rowan,. Ejq % Prefident^ by and with the advice and confent of his Maje/ty's Council, and the General Jl I fembly of this Province, and i.y the author!' ty of ihe fame, that it Ihall and may be lawful for Mr. Joftph Bell, of Carteret county, Mr. John Williams, and Mr. Jofph Lteoh, of Nevtbtrn town, Mr. Michael Coutanch, of Bath town. Mr. JoJm Campbell, of Edcnton, or any . three of them, who are hereby appointed commifiioners, with fall power and authority to lay out fifty acres of land on Core banks, moll convenient to the laid harbour, adjoining the (aid banks, for a town, by the name of Porijmouth, into lot* of half an arre each, with convenient ffreets, as they.. may think requifits. III. And be it enailcd; by the authority afore/aid, that whan the commiffioners aforefaid, or the major part of them, fhall have fo hid out the town in manner afore(aid, every per Con whatfoever who is willing to be an inhabitant of the faid town, (hall have liberty to take up any lot cr.lots of 1 nd fo 1 id out as aforefaid, and. not before taken up, which lot or lots the commifiioners, or the majority «f them, are hereby inipowered and directed to grant, convey, and ac- knowledge, by deed, to the perfon or perfons to taking up the fame, and his or their heirs and alligns, for ever, in fee* fimple, upon the payment of twenty (hillings, proclamation money, IV.. And he it further enacled, that Mr. Jofeph Belt be, and is hereby appointed treafurer and receiver of all filch) monies which Ihall arife by the fale of the faid lots, for the ufe of John Kerfey, t.ie now proprietor of the laid land, his heirs and affigns ; and on the death, or departure out of this goyernment,.of the faid treafurer. or any one of the be* fore mentioned commiifioners, that the faid commiifioners, or the majority of them, fhall appoint lome other perlon (in ihe place of the faid treafurer or comniiffioner fo dead or departed) in the place or county where the laid treafurer or commiffioner fo dead or departed did reticle. V. And be it further enacled, by the authority aforefaid, that the treafurer he rt in appointed, and everv treafurer to. be chofen or elected by virtue of- this aft, fhall give fecurity to the. county court of Carteret, that he (hall and will, from time to time, account and pay in all the monies he fhall receive, by the fale of all and every lot or lots that (halt be. fold in each year, on the twenty fifth day of March yearly, to the faid John Kerfey, his heirs or affigns. . VI. Provided, that if any lot or lots of land flnll be granted and conveyed, by the. faid commiifioners, to any perlon or perfons whatfoever, who fhall not, within eighteen months after the (aid conveyance, build a good fubltantial habit* able framed or bric'» houfe, or a good fubltantial warehoule, of not lefs dimenfions than twenty feet in length, and fix- teen feet wide, fuch grant or conveyance (hall be void and of none effect, as if the fame had never been made ; and the commiffioners may and Uiall grant and convey fuch lot or lots to any other perfon or perfons applying for the- laiue, on thsir paying the money for the faid lot or lots, as is in this aft before directed, for .lie life of the (aid Jibuti tfcrjry, proprietor of the laid land, his heirs or afiijyis afore/aid. The reft Obfoletc, l 7 XX7II George IT. The 19th of February, 1754? Cm. P. IX, An aft ft appoint ami lay out a trmi on She plantation of Mr. Henry Skibbow, on the raff fide of tie North Ea^ branch of Cape-Fear river, at 'a place called the Sand nil!, una to appoint an infpeclor in tbefuid town, ar.d :thtr purp'jfes therein Mentioned, I. VT7HEREAS the inhabitants of New R inner, Cnjlow, and Duplin counties, have petitioned for an aft to ap- V V point a town on the plantation of ffenry, Skihbow on the eaft tide ot the north call branch of Cape Fear river, .in Ne-v Hanover county, at a place called the Sand hi!!, and to appoint an infpector tor the laid town : H. We therefore pray that it may be en;.c"ted, and te it eraclid, by the Honourable fylattLew Rowan, Efq ; Pre(ulait t ' andconvnandet in chief, by and with the advice and confent ot his .llajefiy's Council, ar.d the General Affembly of this Pro. vin-e, and by the authority of 'the fame, thit as foou as the proprietor of the faid land (hall acknowledge his confent and concurrence, in open court of tlie laid county, to have fuch part cf his land laid cut for a town as he* ein after is directed^ 'Alexander Lill'wgton, Samuel AJbe, Thomas. MLirick, John Gardner, and Henry Skibbozu, are hereby nominated and appointed commillionei s ; and they, or the majority of tnem, are hereby inverted with full power and authority to layout forty acres of land on the laid plantation for a town, by the name of New Exder. and to hy out the faid for- ty .acres' into lots of halt an acre each, with couvenientitreets and lquires, for a church, church yard, and market place. HI. And be it further enacled, that every perfon u hatfoever who lhall be willing to bean inhabitant of the faid town, (hall have liberty to take any lot or lots, fo to be laid out as aforefaid, and not before taken up ; which lot or lots the faid comTrflioners, or any two of them, are hereby directed and impowered to grant, convey and acknowledge, to • the pe fon or perlons fo taking up the fame, and to his or their heirs ar.d alliens, for ever, in fee ample, upon the paymfnt ot forty fliillings, proclamation money. 1 V. And be it further enacled, that if any cf the above commiffionrr; mall refufe to ad, or die, or remove out of this prov nee, tint then the remaining commillionei s, or the majority of them, (hall elect anil chule a nother per fon or perfons commillionei- or commiffioners aforefaid, in the room and head of fuch perfon or perlons fo refufing to acT, or that lhall die or remove as aforefaid , and luch commiffioner or commiffioners fo elected and cbolen, are hereby verted with tit lame poj.vexs.and authorities, andlubject to the like rules and regulations, as the corami'honers appointed in virtue of this act. V. And be it enacled, by the authority aforefaid, that John Gardners hereby appointed treafprer and receiver of all fuch lum or turns ot money as fhall arile by the fale ot luch lots, for the ufe herein after mentioned ; and on the death, or departure out of the government, of the faid trealurer, the laid commiffioners, or the major part of them, (hall ap- point foine other penon trealurer, in the place of ttie laid trealurer fo dying or depart ng th; government. VI. Ail be it enacled, by the authority afo r e/aid, that the ireafurer aforelaid, and every trealurer that lhall or may be hereafter appointed by the c >ui nilliohers afjrelaid, fhall give fecunty to the county court, that he fhall and w ill ac- count with and pay in all the monies he fhall receive for th • lale of all and every the lot or lots that fhall be fold, year- 1)', on ihe twe-uy lifth day of March, to Henry Skibhow, or the proprietor cf the laid lands. VII. Provided always, that if any lot or lots flvdl be granted or conveyed by the laid commiffioners to sr y perfon or perfons whatloever, who fhall nat within two years, build aigood fu&flancial hab tabic framed or brick houfe, of net lels dimensions than twenty feet in length, and fifteen feet wide, belides fheds or leantt es, or make preparation for fo doing, as tlie co nmihioners, or the majority of the.n, fhall think reafonable, luch grant or conveyance lhall te void, and it is hereby declared void anJ of none effect, as if tlie faai2 had never been made ; and the commiffioners ma/ grant or convc / luch lot or lots as is herein before directed, to any other perfon or perfons applying for the fame, and paying the money tor the laid lot, as in this act is before, directed, for the ufe of the faid Henry Sktbbow, his heirs and aJfigns.. VII f. And be it further enacled. by the authority aforefaid, that the commifTtcners, or the majority cf them, fhall be and thev are hereby impowered and authorifed, to order the removal of all nufances within the limits ol the faid town. IX. A d b»if further enacled, by the authority aforetcid, that no perlon inhabitant of the laid town, or holding a lot or los therein, fhall indole the lame, or keep the fame incloied, under a common flake fence, but every let therein lhall be paled, or inclofed \\iih polls and rails fet up. X. And be it further enacled, by the authority afo- efaid, that all perfons, pcflefTors or owners of ar.y lot or lots in the faid town, lhall, within two years from the date of their gram or conveyance, clear, and keep tonftantly clear, theic lot or lots, from all manner of wood, iind°r\ ood, bruin, and gtubs, under the penalty of two milling', proclamation money, for every month fuch owner or oa ners of any lot or lots fhall neglect to clear, or keep the fame clear ; to be-, recovered ay a warrant from any Juftice of the Peace, and applied by the laid consjiilfioners for and towards clear*. »<£ the ltreets iu the laid town. The rejl repealed. . i8 Chap. XI. An alt to amend an ail intituled, an aft to appoint a convenient place for holding the county court of Du~ plin, and to imjower the commifiioners therein named to build a court-houle, prifon and flocks, in the laid county, and for enlarging the bounds thereof, p. 14. t. r T 7HEREAS in and by the before recited aft, Mr. George Mears, Mr. William Houflon, and Mr. Jofepb Williams, VV were appointed commifiioners for erefting and building a court-houle, prifon and flocks, in the faid county ; and alfo to contract and agree with workmen to build the lame, of fuch dimenfions as fhall be agreed on by the coun- ty court : and whereas fie building the laid court-houle, prilon and flocks, is retarded, and wholly flopped, by reafon the faid a£t doth not impower the laid George Mears, William Houjton, and Jofeph Williams, or the, majority of them, to build the faid court-houfe, prilon and flocks, in the faid county : IJ. We therefore pray that it may be enafted, and be it enacled, by the Honourable Matthew Rowan, Efq ; Prefident, and commander in chief, by and -with the advice and conftnt of his Majejry's Council, and the General Ajfembly •/ this Province, *nd by the authority 0* the fame, that the faid Mr. George Mears, Mr. William Hsufion, and Mr. Jofeph Williams, or any two of them, are hereby impowered to build a courMioufe, prilon and ltocks, in the faid county of Duplin, and alio to contract and agree with workmen to build the lame, of fuch dimeulions as is or lhall be agi eed on by the court of the laid county. III. Andbe it further enatltd, by the authority afo~efaid, that the court of the county of Duplin, fhall appoint three perfons, freeholders m the laid county, whp on their oaths, fhall value the land:, fixed on by Mr. Arthur Blackman, Mr. Anthony Williams, Mr. William M'Qee, Mr. John Brock, and Mr. William Mills, or the majority of them, for building the court-houfe, prifon and Hocks, in the faid county, and an account of fuch valuation (hall return to the next county court thereafter to be held for the faid county ; and the amount of fuch valuation the laid county court fhall pay to the proprietor or owner of the faid land, out of the tax to be railed in virtue of an act, intituled, An ail, jar ereij- \ng the upper part of New Hanover county into a ctunty and parifh, by the name e/Duplin county, and St . Gabriel's par'-fh, and for appointing a place for building a court-houfe, prifon andjtocks, in the faid county ; which laid valuation and pay. jnent of the lame to the faid proprietor or owner, entered on the records of the laid county, fhall' be a good and fnlfici- entitle to the faid county, for the faid land lo valued, paid for, and recorded. /v*. C> L. 1749, 1, 137. Chap. XII. An ail, to appoint a convenient place for hiding the county court of Orange, and to impov^er the commijfoners hereafter named, to build a court boufe, prifon and J locks, in the faid county. I. YT 7HLREAS by an ad, inti uled, anacl,for dividing purt (/Granville, Johnlton, WBladen counties^ intTacou*. VV ty and parifh, bv the name of Orange county, and the p rif) of St. Ma. thew , and for appointing ve/fry men for the ft lid pari/fj, and other purpofes therein mentioned ; among other things, it was enacted, that the jultices of the laid court, at the court to be held for the faid couu;y at the houfe ol John Gray, on the lecond Tuefday in June next after nalfing the faid aft, or the then next fucceeding court, fhould agree on and appoint a place for building a court-houle prifon, and flocks, in the laid county ; which laid Jultices being then unacquainted >viih the bounds of the laid county did, by order of the faid court, appoint a place whereon to build a court-houfe, prifon, and ltocks ; which l"i id place on examination, is found to be within fifteen mile, ot the weft line of the faid county, to the great inconveniency and detriment of the inhabitans of the laid county attending the laid court : wherefore, II. We pray that it may be enacted, andbe it enabled, by the Honourable Matthew Kowan, Efq ; Prefident, and com- tnander in chief, by and with the advice and confent of his ALf fly's Council, and the General Ajfembly ofth'ii Province, and by the authority of the fame, that the court-houle, prifon, ami Hoiks, for the faid county of Orange, fhall be erefted on or near where the yje/tern path erodes the river Eno, on a piece of land where James Watfon now lives. III. Andbe it further enatltd, by the authority afore/aid, that Mr. Alexander My bain, Mr. John Gray, Mr. John Pa- terfon, Mr. James Ellifn, and Mr. Marmaduke Kpnbrough, or the majority of them, be, and they are hereby appoint- ed coTimilftoners, to ma^e choice of a fuiiable and convenient place at or near the laid path, where it crolTeth Eno river, for the erecting and building thereon a court-houfe, prifon and ftccks ; and alfo to contract «md agree with workmen to build the fame of fuch dimenfions as to them fhall feem meet and convenient. IV. And for defraying the expence thereof, f>e it evdEted, by the authority aforefaid, that the tax laid by the before recited acl, (hall be applied towards building the court-houle, prifon and flock*, at the p'ace in this aft before mentioned. V. Provided arrays, that nothing in this act (hall be conlirued to make void any contract or agreement, entered in to by the Jultices of the faid county, with any perlbn or perfons for the building the court-houle, prifon andllocks- at the place appointed ty the Jiflices 0! the laid county in virtue of the be; ore lecittd aft, to annul, invalidate, or make void any luit that is, or may be brought thereon. VI. And be it enacjed, by the authority if,refaid, that the claufe o r the before recited aft, fo far as relates to the ap- pointing a pbee for building a court-home, prilon and flocks, be, and u fnreby repealed and made void to ail intents purpo/es, and constructions, as if the fume had never been made. TV. C. {-. 1752, 6, ico. Chap. XIII. An acl, for appointing and laying out a levin on the land a/John Jenkins, on the fouth-fide of Pee Dee river, in Anfon county ; and J r otl.ir pwp-.fes tie/ tin mentioned. i» ^T7HERI£AS the inhabitants of Anfon county labour unuer j^reat d/Kidvancages for want of trade, by being fo in- V V convenient to, and diitant from any of the navigable rivers of this provii.ee, only fee Dee, and that diichurgeth *9 Itfelf into South- Carolina, which renders it very Impracticable for them to difpofe of any thing that ari/cth from the produce of the foil, eiiher to pay their public or private debts, in this province : for remedy whereof, II. We pray that it may be enabled, and be it enacled, by the Honourable Matthew Rowan, Efq ; President, and com. mander in chief, by and -with the advice and confent of his Majejiy's Council, and the General Affembly of this Province, and by the authority of the fame, that as loon as the proprietor ot the faid land lhall acknowledge his confent and concur, rence in open court ot the faid county, to have Inch part of his faid land laid out for a town, as is herein after directed, Mr. Charles Robinjon, Mr. Caleb howell, Mr. Thomas Tomkins, Mr. William Forbes, and Mr. Edmund Cartledge, are hereby nominated and appointed commiffioners ; and they, or the majority of them, are hereby inverted with full pow- er and authority, to lay out fifty acres ot land on the faid plantation tor a town, by the name of Glouceflcr, and to lay out the fame fifty acres into lots of half an acre each, with convenient ftreets and fquares, for a church, church-yard, and market-place. III. Ana be it further enacled, by the authority afore faid, that when the commiffioners, cr the majority of them, have laid out the laid town as aforefaid, every perfon whatloever who is willing to be an inhabitant of tiie laid town, ffiall have liberty to take up any lot or lots lb laid out as aforelaid, and not before taken up, which lot or lots the laid commiffioners or the majority of them, are hereby impo #ered to granr, convey and acknowledge, to the perfon or perfons taking up the fame, his or their heirs and aihgns for ever, in fee-fimple, upon the payment of forty millings proclamation money, to the treafurer hereafter ment'oned. IV. And be it further exacted, by the authority aforefaid, that Thomas Tomkins be, and is hereby appointed treafurer and re- ceiver of all luch iurn or lams of money, as lhall arile by the fale oJ the faid lots, for the ule hereafter mentioned ; and on the death or departure out ©f this government of the faid treafurer, the faid commiffioners, or the majority of them, ffiall appoint fome other perfon treafurer, in the place and flead of the faid treafurer fo dying or removing. V. And be it further enacted, by the authority aforefaid, that the rreafurer,th»t now is, or may hereafter be appointed by the commiffioners as aforefaid, lhall give fecurity to the county court, in the fu'm of one hundred pounds, that hs will and lhall account with, and pay all cae monies he lhall receive for the fale of the faid lots, that fhall be fold yearly, on the firft day of May, to the proprietor of the laid town. y.I. Provided always, that if any lot or lots fhall be granted or conveyed by the faid commiffioners to any perfon or perfons whatloever, who ffiall not, within two years, build a good i'ubftantial, habitable, framed, brick, or ttone houfe, ot no lels dimenfior.s than twenty-four feet in length, and fixteen feet wide, befides ffieds or leantoes or make preparation for fo doings as the commiffioners, or the majority of them, ffiall, on view, think realonable, 'fuch grantor conveyance ffiall be void and of none efteft, as if the fame had never been made : and the commiffioners, or ihe majoiiiy ot them, may grant and convey fuch lot or Jots, which ffiall not be built on within the time, and in the manner aforefaid, to .my other perfon or perfons applying for the lame, and paying thepurchafe money as a'torefaid, to the ule of tilt proprietor of the faid land. Vli. And be it further enacled, by the authority aforefaid, that the commilTioners, or the majority of them ffiall be pnd they ar,e hereby impowered to remove all nufances within the limits of the faid town. ' V1I1. And be U further enacled, by the authority aforefaid, that all pe-rlons, pofleflors or owners of any lot qr lots hi the faid town, lhall within two years from the date of his or her grant or conveyance, clear, and keep conltantiy clear his or her lot or lots, from all manner of wood, underwood, bruffi, and grubs, under the penalty of one (hilltop pro* clamation money, for every month fuch owner or owners of any lot or lots ffiall negleft the fa.ne , to be recovered bv a warrant from any juftice of the peace of the county, and applied by the commiffioners, lor and towards clearing ih«. greets of the faid town. Thertf Cbfdete. h XXVIII George I[. The 12th of December, 1754. Chap. XI. An acl for appointing the fiver al ferries therein mentioned, md for obliging the commiffioners of the fever aldif, tricls to make roac s to t! e fiime. VII. A KD whereas the faid high-road will tend to the great eafe and convenience, not only of the faid diffrift S L\ but alio to the inhabitants otihe town ifrMlmingttm, and of the diftnfts adjacent, who have been Jon E exno- fed to great hardlhips and expence;, and at (omeiimes to the danger of their lives, from the want of the faid roads • be a therefore enatted, that as loon as the faid road ffiall be ltaked our, in manner as herein before directed, it ffiali* and may be lawful lor the inhabitants of the town of Wilmington, and tor the inhabitants of any other diftrift in the county of New Hanover or w the county of Bladen, or any of them, to fend, at any time, proper for working on the fa.d high-road a number of not lels than ten able perfons, to work on the laidioad, under the direction of fuch an o- verfeer as hull be approved by .he commillioners of the diftrift where they are to work, or the majority of tfem • and every Inch overleer certifying, or making oath, if required, w hat number < t perfons have wrought on the faid roads, and for what time fuel, c«uficate ffiaJ be counterfigned by the commiffioners ot the roads where fuch wok ffiall have 23i«?- °\ I" r^ V rl ? , 6 n T,t r ° f d;iVS /ha " be " Uon evn ol Jobnjlon, is here- b), from henceforth repealed, p. j. XXX George II. The 30th of December 1756. Chap. XII. An ail for the letter regulation cf the town of Newbern, and for fecuring the titles of perfons who hold lots- in the faid town. I. * T 7HERE AS the laws heretofore made for regulating the town of Newberr., have been found inconvenient : for V V remedy whereof, II. Be it enacled, b» the Governor, Council, and Affembly, andbv the ndhor'ty rf the fume, that from and after the pal- ling of this act, it (hall and may be lawlttl lor the freeholders of the laid town 10 meet at the couit-houle, annually, on the feconrl Tuefday in November ; and there to chooie five freeholders oi the laid town to be cemmiflirners tor the en- luing year ; which election of commifiioners fhall be by the ftiffrage of the majority of the freeholders of the laid town, and that upon the faid commilfioners being fo cholen and elected, and their names entered on the journals of the laid town, they (hall, before they enter upon the execution o: their cilice, take the following caili. 1A. B. ao /wear , that J w 11 execute the office of a commifoner, fr the town of Newborn, fait/folly, irrpar tnliy, and truly, without favour, ojjeelion, or prejudice ; ard ihct J will to tie ulinoli cf my power, in al 1 lings ^fonbe good cf the faid town, and the well governing of it , to the brft of my fkill and judgement. SO f ELP JVih GOD. WJvch fa ; d commilfioners, after they have been fo (worn, hull proceed to choofe one out ol their number to be trea- surer of the faid town ; into w hole hands all monies arifing by the fale of lots in the laid town, or other* lie howloevtr an'i gorbe oningdue to the laid town, (hall be pfcfcl, and there kept till dil'poled of as herealter directed. III. And be it further cnaclel, by the authority aforefaid. that the laid trealurer, before he enters upon the execu- tion of his faid i-ffice, fhall give bond, with two fufficieht fecurities, in the lum or two hundred pounds, proclamation money, to the commilfioners of the laid towri, and their lucceffors, for the faithful dilctiarge ot his laid rffne. IV. And for the better determining «lw fhall be qualified to be elected as commiihcners ol the laid town ; le it enacled, that no perfon fliall be deemed qualified to ad as a commifiioner of the laid town of Ncwbern unlets he hath a lot of land therein, with a houfe on the fan o, of not le:s di neiifions that twenty four feet long, and I 10 feet wide, with a brick chimney or chimnies to.the lame; and who.llulUiave b.GJes, a viijble eitate, ot at lealt one hundred pounds, proclamation money. . •..'•,: , V. And whereas by the laws heretofore made for regulating the faid town, the method therein preferred or clear- ing the (tree's, making and repairing bridges, and public wharfs, has been found inconvenient ; be it en died, by the authority aforefaid, that the .commifiioners ot the laid town, together wicb the Irtcholuers thereof, fhall meet at the court-houfe in the (aid town, o.i the th r,J Tuefday in November next after the p.iihng ot this act, and lo yearly and cvery year, on the. laid third v uefday in November, and then and there, by the confer* cl the major tv ot the laid com. piiflionere and freeholders then met, lay luch a tax on the inhabitants of the laid (own, as fha.ll tie lufhcicut to defray the expence of clearing, making and repairing the ftreets, making and mending public wharfs and bridges, and tor do.. jug,ajl p -iblic ieryices the inhabitants of the Cud to,vu are how iubjeft to do and perform ; and lor defraying the ea- 2\ pence of procuring a correct plan of the faid town, anl forall other necelTary expences ths commiilioners may be a: Ui building a pound, employing a clerk, or appointing guarJs or watches, or other contingencies that may hrppcu ; provided The laid tax does not exceed the furri often (hillings, proclamation money, p.r poll ; which faid tax mail be collected by the iheriff of the county of Craven, and paid to the freafnrer of the faid town, within one month after the fame mall be laid ; and if any perfon lhall withhold, and not pay the faid tax, within one month after the fame is laid, it lhall and may be lawful for the laid llierilr to make diitrefs and lale of the offender's goods and chattels, in the fame manner as tor non-payment of other taxes, and to take and receive for his trouble two (hillings and eight pence, pro- clamation money. VI. And be i! further enafled, by the authority afore/aid, that the inhabitants of the faid town of Nrvbern lhall be for ev^r hereafter excufed from working on the itreets of the laid town, or from working on the country public roads, fo long as they continue to live in the laid town, and no longer. VII. And whereas the fettlement of the faid town of Newbern hath been much retarded, by perfons taking uplafr, in the faid town, and not building thereon, as by the tenor of their deeds or grants is provided ; and whereas ifter the time limited therein for improving the fame, the fame perfons have been permitted to enter and take up the lame again, whereby many lots in the faid town lie unimproved : tor prevention whereof, be it enabled, by the authority aforejaid, that the commifiioners of the laid town, tor the time being, or any three cf them, are hereby authctiled, impowtred, and directed, to grant, convey, and acknowledge, under the fame reftriclioiis and limitations in deeds given for lots by former commilfioners of the faid town.to any pcrlon requiring the fame, and*o their heirs and afiigns, for ever, in fee- fitnple, any lot or lots of land within the faid town, not already taken up and built op, agreeable to the laws heretofore made for regulating the laid town, or any lot or lots that may hei eafter be liable to be taken up for want of being built on as aforeiaid, he or tney p ying for each lot twenty Ihillings, proclamation money, tor the purchafe money therect, to and for the life of the proprietors of the faid town. VIH. Provided neverthelefs, that where any perfon or perfons (hall hereafter take up any lot or lo s in the faid town, and lhall not build thereon, within eighteen months from the date of their conveyance, a good habitable brick, ftone, or framed houfe, of not lei's dinieniions than fifteen feet wide, and twenty four feet long, the fame perlon (ex- cept where the title of fuch lot or lots, before the expiration of the time for building thereon, (hall fall to a minor or minors) fhall not be allowed to take up the 1 ime again, until the laid lot or lots hath lain vacant fix months ; but the fame may be immediately, or at any time, granted to any other perlon or perfons deliring the fame, on the conditions herein-before-mentioned. IX. And whereas fundry difputesrmy hereafter arife concerning the titles to lots in the faid town of Newbern, and the bounds thereof ; be it enabled, by the authority afore/aid, that the commillioners or Juflices, formerly appointed by an act of aflembly of this province, and their fucceflbrs, are hereb/ declared to have had a good, abfolute, indefeafible eftate in fee, in the two hundred and fifty acres of land, laid out by ihe faid act, for the faid town of Newbern, in truft and confidence, to and for the ufes in the I aid act mentioned ; and the commifiioners by this ate 10 be elected and chofen, are herebydeclared to have a good, abfolute, and indefealible eftate, in fee, in all fuch lots within the faid town, which have not been difpofed of by the former commillioners or Juflices, and bult on agreable to law, in truft and confidence, to and for the ufes in this act mentioned ; and the faid two hundred and fifty acres cf land,, laid out for the town of Newbern, as aforefaid, fhall, for ever hereafter, be confirmed to the faid commillioners for the time being, in truft and confidence, to and for the ufes in this acT: mentioned. And all and every perlon andpeifons whatfoever, who have heretofore purchafed and paid for anv lot or lots in the faid town, and have fully complied with the conditions cf their deed or grant, or who may hereafter purchafe, pay fir, and fully comply with the conditions of their deed or grant, are hereby declared to be inverted with a good, abfolute and indefeafible eftate, in fee, to fuch lot or lots, and the fame are hereby confirmed, in fee, to fuch perfon or perfons and to his and their heirs and afiigns tor ever. ..».. And be it further enucled, by the authority aforefaid, that all water or front lots adjoining the ftreets or lots of the faid town of Newbern, Hull be deemed, held and taken to be part of the laid town j and it fhall and may be lawful for ar.y peifon to take up the fame, and build thereon, any wharf, rtore-houfe, or other improvement as they fhall think proper, after givmg three months notice in writing to the owner or owners of luch lot or lots as fhall front fuch water lo s : and where any of the laid water or front lots have been heretofore fold and conveyed by Cullen Pcltock, Efq ; ceceafed, the Ute proprietor of the laid town, or any former commillioners of the laid town, to any perfon or perfons, •whttloever, fuch (ale is hereby declared to be good and available in law, topafs the fee limple eftate of fuch lot or lots to luch purchafer or purchafers, his or their heirs and afiigns, forever ; and fuch purcha r er or purchafers, his. or their heirs and alligns, are hereby declared to have a good, abfolute. and indefeafible eftate, in fee, in and to the fame. XI. And for quieting the inhabitants ot the faid town in the polTeilion of their lots within the fame; be it enaileJ, by the authority atore/aid, that where a certificate fhall be obtained from the commillioners of the faid town, or oath made in the county court of Craven, by one credible witnefs, that any lot or lots within the laid town have been faved according to the deed or grant for the fame, fuch certificate or oath lhall be deemed a good evidence in any court vvitmn tins province, againft any other fubfequent deed cr deeds that lhall or may be given for any lot or lots within the lav! town ; and all courts within this province, are hereby required to receive fu.h certificate or oath as evidence accordingly. XII. And be it further enabled, by the authority aforefaid, that the commiuloners of the faid town (lull chufe a proper 22 perfon to he clerk of the Lid town, wlo fhall, before he enters upon the execution of his effice, give bond to the com. inilfioners of the laid town, with two good and fufficient fureties, in the fum of one hundred pounds, fcr the due ex- ecution of h : s offue ; which clerk fhall keep a regular and lair journal of all the proceedings of the commilfioners of the Paid town, and regilur therein all deeds given by the comnnllioners for lots in the laid town, with the time v. hen they were granted, and to whbfli, and alio of the time when the lame became Lplable, if inhered to become (b ; to which hook all p,ai fans lhall have free uccefs, on paying one milling, proclamation money, on penalty of twenty fhillings like money, tor every relufal ; to be recovered as herein atter dire&ed : and the laid comTiiffioners are hereby impowered and required to caule the (treets and palf.tges of the laid town to be laid out, beginning at tl.e fouth weft corner of the church lots ; and good iubftantia! potts to be fet up at the corner of every lquare of lou in the laid town ; and alfo, to caufc a true and exact plan of the laid town to be made, with proper delcripuons, and lay the lame before the next i'ellion of AlTeinbly ; and if by them approved of, to be for ever htreatter deemed the tiue plan of the faid town. Prxro'tdcd, that in itch plan regard be had to the firit owner of every laved lot, to pieierve his title thereto, although it fhould appear to he mif-nunibered. XIII. And whereas the fence lately erected round the faid town, is, by reafon of its being done with rails only, gone rrrestly to decay, the rails being many of them rotten : and whereas it will be commodious for the inhabitants of the faid to '.v; i, that the laid fence be kept in good repair ; be it enacled, by the authority aforefaid, that the laid commilfioners and freeholders, at the time they lay the tax on the inhabitants ol the laid icwn, for clearing the flreets thereof, (hall, and they are hereby imporered and required, to lay luch ether uxon the owner or owners ql every laved lot or lots within the faid to^n, as iTrnll be diffident to fence ihs laid town with poll: and rails, and to k;.ep the fame in ccnti- nual repair ; provided that luch tax dors n >t exceed out (killing, pictanj.it on n.cney, in ai y one year : and the laid commilfioners are hereby alfo impowered and required, to employ a proper perfoa, annual!) , to keep the hid fence in repair ; and alfo, to difpofe and make lale of tne remaining rails now to be lotuid belonging to the laid fence, for the belt price that can be got for the fame, and to apply the money to the common itoik ul tlie laid town ; wnich laid tax fhail be collected and paid in th; fame manner of the tax laid on the inh. b tants for clearing the ftreets of t e laid town. XtV. And be it further emitted, by the authority afore/iiid, that if any perfon lhall willfully \ u'i down, lake away or by any means deftroy the rails of the laid fe.ee, or lhall willlully unhang, leave open, or nthervvile injure the gates of the faid town, whereby horfes, or other creatures may be let out of the laid tow n ; luch perlon or perlons, being thercoi lawfully convicted, (hall forfeit and pay, for the firit offence, forty {hillings, proclamat on money ; and for the iecond and every lublequent offence, three pounds like money ; to be recovered as herein sfier directed , and if any offender lhall not be able to pay luch fine, or is a lervaut or (lave, he, (he, or they, (hall receive at the public whipping. poft, thirty nine lathes, on his, her, or their bare back, well laid on. XV. And be it further enacted, by the authority ajarefaid, that no perfon inhabitant or freeholder of the faid town, fhall keep running at large therein, more than one cow and calf, and one horfe, or lix head of Iheep, for every (avecl lot he or (lie (hah be poflefled or, on penalty of twenty (hillings far every offence, to be recovered as herein after direct- ed. And that no perfon whatlbever (except the inhabitants or freeholders thereof; (h.i 1 keep running at large, in the faid town, any horfes, cattle, fheep, or hogs, (except their riding horfes, during their ltay therein, and perfons bring- ing cattle to the market of the faid town) on penalty of twenty (hid ngs proclamation money, for every offence, to be recovered as herein after directed : and the commilfioners of the laid town (hall cauie a pound to be built, wherein fhall be impounded all hogs, cattle, horfes, or fheep, found running at large in the laid town, contrary to this act. XVI. And that the laid town of IMewbtrn may be the better iegu]ated ; be it enacled, by the authority eforefaid that the faid commilfioners, or the majority of them, (hall have full power and ablblute authority to pals luch neceflary rules and orders as to them fhall ieem meet, for removing all nulances within the bounds of the laid town, for perlons to remove dirt and rubbifh from before their doors, to grub and clear their lots, and make proper drains and water- courfes through them ; for pulling down all wooden chimnies already bult iti the laid town, and preventing the building thereof for the future, in order to prevent dangers by fire, provided that fix months notice be given to the owners of luch chimnies as are already built, to pull down the fame, and for all other things that may tend to the advantage and improvement of the laid town, fo as the fame be not repugnant, but as near as may be, agreable to the laws of England and this province. XVII. And be it further enabled, by the authority' aforePiid, that all fines and forfeitures in this a£t mentioned, the recovery of which is not otherwife directed, fhall be by warrant under the hands and feals of the commiffione/s, or the majority of them, directed to any fworri officer of the county of Craven, to convene Inch delinquent or delinquents be- fore them, at a certain day mentioned in the laid vva'rranV, and" on conviction, to give judgment, ami award execution, for fuch officer to levy the faid fine by diftrejs and fale of the oflendei's goods and chattels ; which laid fines fuch offi- cer fhall pav into the hands of the treafurer of the faid tow n, as par' of the common (It ek, and lhall be applied towards defraying the contingent charges of thr faid town : and the commifiioijcr'sof the faid town- or the majority of them, are hereby inverted v\ i t h full power and authority to lay out and appropriate all monies which (ball be paid tr the majority of them, directed to the conitables of the town, or either of them, againft body or good?, as in actions of deb% and in all tlrng". fubjeft to the fame rules ; all which fines or forfeitures, recovered in any of the before mentioned ways, (hail be applied and paid into the flock of the faid town. XXIV. Andbe it further enucled, by tbt authority aforefaid, that the commiffioners and the inhabitants, mail have free liberty to hold all their public meetings on all occafions, in the court-houfe, and have the liberty cf a key to the fame. XXV. And fT the better ascertaining the method of chufing futh commifiicner?, and the qualifications neceffary for fuch commiiiioners ; be it enatled, by the authority aforefaid, that any perlo-i who, on the day of election, ar.d for three months next before, wasfeized, in fee.firaple, or for term of life, of a brick, (tone, or framed houle.with one or more br;tk or (tone chimnies, of the dimenfions of twenty feet long and fixtecn feet wide, within the bounds cf the faid town, fiiall have a right to vote for fuch comniiilioners, and be lufficlently qualified to be commiffioners for the faid town ; and that the number of five, fuch as are qualified as aforefaid, fiiall, annualiv, on the firft Tuefday in January^ be cho'en commilfioners for the (aid town ; and two perfons fiiall be chofen bv the majority of the freeholders prefect, as mfpeftors of the poll, and attend and declare who are duly elecled commiffioners bj virtue of this aft ; and upon the laid five commiffioners being elected, and their names properly entered in the town bcok, they fiiall beforelhey en- ter upon their office, take the following oath before any Juitice of the Peace for the county of New Hamver ; tn&t is to lay, T A- B.dofwear, that I will execute the of.ee ofacommiffoKerfor the town of \W\\mmg:on, faithfully and truly without 4 If ' 111 ''. or , P e J" dlce > and '" al1 th ' tn g- s ^ fir the good cf the/aid town, and the wdlg ovemkig thereof, to the teft of my Jkul and judgment, according to law. * So help me God. G v *XVH; tndbejtfurtter-enadea, by the authority aforefaid, tax Cornelius Harnett, Frederick Crete, Daniel Dun. hibben, Artl^ ^M and Thorns Finney, are hereby appointed commillionsrs of ihe Lid tov n, and Ihlu be and con* mum in f*fj--a until tUo *..-M- c T,.y,rJ ... : — *7 . - *.v*n« power and MM in office until the farft 5 uefdjy in 7«»?<*rj, next ; and they,cr a majority of tbem, (hall have the lame pi authority as the commimoners to be choien by this act Ihall or may have, and be iuoject to the lame penalties. XX\ 1. MM ,t further enatleS, by lb authority afore/aid, that if at any tin e any tavern keeper, ordin ordinnry-kcep. cr, retailer ot honors, or keepers of pubic houfes in the laid town, ihall iuiier any perlon or pertp.re W hatibever, "to lit tippling or drinking inhis or • lu-r houle in time of divine fervice, on the labbacn day, or lhall luher any perlon or perlons to get drunk in his or her houfe, on the fabbath day ; Inch penon or gerlcns to offending Hall forfeit and pay twenty filings, proclamation money, for every Inch offence ; to be iccove.ed by a warrant under the hand and 1 vv r any J 11 , 1 ™ ot the ] eace fcr the coun£ y of A '" u Hanover, and be paid into the pul lie Hock of the laid town. AAlA., ;ft /fc it further enured, by the authority afore/aid, that if any perlon or perfons w hatioever in the faid town Ihall, on any pretence whatever, give any credit, loan, or tro.fi to any manner or teaman belonging to, or un. oer «ie command of any mailer of a vellct that now is, or Ihall ar any time hercau- r be lying in tiie river ot Caps-Fear% exceeding the iu:n of two (hUhngs and eight pence, proclamation money, except by the lejve or licence of the mailer or commander of the veflel he belongs to, or where fuch tailor or manner (hall have li ft the veiltl. to aj ply to either of the courts of jiifhce, in any ci'puies or controrerlies with the captain or commander ot Inch veflel ; 'that then and m kxi cale, he, Ihe or they, (hall, tor every fuch default, lole all the monies or goods fo truiud or credited. XaJ£. 4n purfuant toleveral acts of Afl'embly of this Province heretofore palled, four hundred and twenty * vi n / aC '" eS ° f land ' lyillg '" the f ° rk ° f Q- ueen Ami:,% creck > in Chowan county, bounded eafiward by ihe lands of Miles Gale ; northward, by the lands.pf William Badham and George Li/les ; on the weft-ward, by the Beaver-Dam and creek ; an J on the f-.uthw.ird, by the found, was purchal'ed by the pobi c, and laid out for a town, called Edenton ; and part thereof divided into lotsof half acres, as will more lullyappear by the plan thereof already drawn, with convenient itreetsand paflages, a place for a church, Governor's houfe, court-houfe, burying-place, market place, council roam, and other purpoies ; and by the faid acts, veiled in 'ee, in commillioners or truilees, to ddpafe thereof according 10 the directiun of the faid feveral arts; and the commillioners or truffees of the laid town, have conveyed lots, of halt acres of land, to feveral perlons, who have built thereon : And whf reas leveral of the laid .,<£ts have been fiuce repealed or exp red, whereby many mifchiefs may arile, and the improvement cl the laid town much retarded, and the titles to lots in the lame drawn into dilpuie : for remedy whereof, II. Be it ensiled, by the Governo-, Qouncil, and AJfemtdy , and by the authority of the fame, that the faid com million ers or truffees heretofore appointed, are hereby declared to hare had a good, abfolute, and indefealible effate, in fee, in the faid four hundred and twenty acre; of land, in trull and confiden :e, to and for the ufes by the laid feveral acts intended ; and Thomas Barker, John Craven, Jofeph Blount, Charles Blount, and James Luten, pentlemen, the prefent commiilioners, are hereby declared to have a good, ab:oLt?, and indefeaTible eltate, in fee, in all Inch lots in ibe laid town as have not been already difpofed, of by former com nillioners or truttees, or have lapled for "ant of complying with the conditions of the deed- by which the lame have been granted ; and the faid commillioners (hall hold the fame in trull, and to the ufes herein after mentioned, and (or no olitr tile or purpole whaifoever ; and the faid lots are hereby confirmed to them, and their iucceilors, for iuch ides ; an\ law, flatute cr u.'age to the contrary, and the re- pealing, expuing, or fulpenfion o! any la'w, notwithstanding. III. And he it further enacled, by the authority afcnf.id, that ihe faid Thnias Barker, the piefcnt treafurcr of the laid town, and his (uccefl'ors in cilice, Ihall rece ve all monies arifing by virtue of this acf. to be apt lied as herein after directed; and on his death, or removal out oi the county ot Vhowan, the 'vext eldeft t.o.nn.itToner ihall fucceed him in the faid office, firrt giving fecurity to the Joftices of Chowan county, in the turn of one hundred pounds, for the juft performance of the faid trull ; and at all tunes hereafter, in eale of ihe dearh or removal out of this province of neither, or any of the commillioners o ( ihe atore aid lawn of Edenton, it (hall and may be lawful for the furvivors, or a majority of them, to elect: and chufe, out ot the freeholders ot the laid town, another comn.ilfioner, or other coinmif- lifiner-', in the rocm and Head of h.iu or them to d) ing 01 removing. 2 7 IV. And be it further en?.cled, ly the authority afore/aid, that all deeds heretofore msde by the comrr.iflioners for any lets of land in the laid town, the conditions ot which have been fulfilled and complied with, fh-;ll, and are hereby de- clared to he good and valid in law, and fliall con/ey the fce-limple thereof to the grantee:, their heirs and affigns, {or ever, V. And be it further enacjed, by the authtrity aforefaid, that the commiffioners of the Lid town, or any three of them, fhall, and are hereby impowered ,r,d required, on application, to grant and convey, in tee limple, any of the lots of the laid tow n, containing each half an acre, or thereabout, not beiore granted, or which have lap fed, or fliall lapfe, by the grantees, or thole who hold or claim under l hem, not having complied with the condition of the deeds by which the lame were or lhall be granted, for which the grantees fliall pay ten lhilling*, proclamation money, for each lot, if not a water lot, and five flulhngs for each water-lot ; and all deeds made for conveying luch lots in the laid town as are not water-lots, lhall be on condition, that if trie grantees, their heirs or affigns, fliall not, within two ycarsfrom the date of each relpecbve deed, erect and build tor each lot thereby granted, a gocd Inbftantial brick, flune, or framed habitable houfe, not oi lei's dimenfions than twenty feet long, fifteen teet wide, and eight feet high between the firft floor and the joilis, or mrke inch other improvements as by rhe majority of the commiffioners fliail be deemed equiva- lent luch <\eed lhall be void ; and all decdi to be made for convening water-lots, lhall be on condition, tint if the grantees, their heirs and aliigns, (hall not, within two years from the date ofea:h refpective deed, fecure the front ltreet fifty feet from the wafer's encroachment, or build a wharl to the edge ot the channel, fuchdeed (hall be void. VI. rfnd be it furtke-- enjfled, by the autbortly ajorefiiid, that in all cales where deeds ha^e been, or hereafter fhall be made by the coinmillioners of the faid .own, or a majority of them, fcr any lot or lots, and the grantees, or thole who hold under them, have not, or fliail not comply with, and fulfil the conditions of the lame, the commiffioners may, and are hereby impowered to gra.it luch lo: or lots, to any perion or perfons applying for the lame, in luch manner as they might or co.ild, t luch lot or lots had never been before granted. VII. And be it further enacted, bv trie authority aforefaid, that luth perfons as are owners of lots in the faid town facing or fronting any water io;s, lhall have the preference in taking up luch water lots, and no others fliall be admitted to have deeds from the commiffioners for the fame, till after fix months notice given to the owners ot fuch lots io fa- cing or fronting tha water lots as aiorelaid, and their neglecting in that time to appl) for deeds fur 'hem. VIII. And whereas his Excellency the Governor, and the other public officers of government, do not at prefent re- fide or keep their office; in Edenion, whereby eig'n acres of land, or thereabout, in the laid town, heretofore appropri- ated to the ufe of the Governor or commander in chief for tie time being, are not applied to any ule or purpofe whatfoever, but would greatly contribute io the better Settlement of the town, were the commiffioners inverted with power to dil'oole of the lame ; and of late years the land^ in fome parts of the faid town, adjacent to the water, hag hicreafed, but not being within the plan thereof cannot be difpofed of to fuch as are defnous topurchafe the fame ; Be it thei efv e enadted by the authority aforefaid, that from and after the pafiing of this act, it lhall and n ay be law ful for the coiivniiiioneri of Edenton, or a majority of them, to caufe the faid eight acres of land, more or lefs, heretofore appro- priated as aforelaid, to be laid out in fuch lots as they lhall think molt conven'eiit, and caufe a plan thereof to be made, and therein infert marks and numbers to the lots in the lame contained ; which lots lb !a ; d out, fhall be by the com- miliionei>,cr a majority of them, on the third day of the next fupreme court to be held at Eder.ton, fold in fcparate lots, at public auction ; and the fa : d commiffioners fliall make and execute deeds for the granting and conveying the fame, io the purchafer or purchafers, and to his or their heirs or afligns for e\er, without any condition or refervation whaMoever , and the money ariling by luch fale, lhall be applied as herein directed, and the deeds which fhall be (o executed, fhall, and are hereby declared to be good and valid in law, and fhall, efreeluaHy, convey the fee fimple of the lots m the fame mentioned, to the grantees, their heirs and afligns tor ever ; any law or ftatute to the contrary, notwithltandmg. IX. And be it further enacled, bv the authority a f ^refaid, that the commiffioners, or a majority of them, fhall, and they are hereby directed to caufe fuch land atij icent to the water, as has increafed, and is not contained within the preleiu plan of the faid town, to be laid out m fuch lots as they lhall think molt ! unable ard convenient, ai:d caufe a plan of fjch lots to be made, with marks and numbers to the fame inferted, and fhall, on application, by deeds of con- veyance, gr mu and convey the fame in fuch manner, and under the like conditions as i , herein before directed in the granting ot Inch vacant lots as are contained in the prefent plan of the- faid town, and have not been heretofore appro- priated to the ule of the Governor or commarder in chief, as is before recited ; and all deeos which fhall be executej for the fame, fliall, and are hereby declared-go xl and valid in law, and fliall, effectually, convey the iee-fimple thereof to the grantees, their h; irs and afligns for ever, on complying with and fulfilling tner ond tions to he exprefied in the fame cl^eds ; an I all lots t j be granted in virtue of this act, lhall be deemed and reputed to be within the bounds of the faid to.vn ; andthe owners thereof fliall, at all times, be fubjeft to the lame duties, taxations and in.pcfitions, aid entitled to the fame rights and privileges, is the owners ol lots already granted. X. And to present dilputes in refpect to grantees of anv lots, or thofe w ho claim .mder fuch grantees, having com- plied with the condi ions in the deeds by which tl e fame have been, ~efaid, that the comrnklioners or a majority of them, may, and they are hereby impovvered, annually, 0:1 the fecond Tue/day in January, to lay a tax on each male taxable in the faid town, not exceeding one (hilling and (i.ep; ice, proclamation money ; to be applied towards the expence of building and rep liring public wharfs, a market. houfe, or to defray other public charges in the faid town 9 which tax fhall be collected by lucii perfon as they (hall appoint, who {lull demand the lame ; and in cafe of r.-fulal or neglect after fucii demand, levy tne tame by diftrefs auJ file ot tlie goods of the perfon or perions fo refilling or neglecting, and (hall ac- count for the fame to the commillioners on oath. XIII. And bs it further en.tcljd, by the authority af ire/aid, that each and every perfon or perfon poffeiTed, or who fliall be hereafter pofiefted of an/ lot or lots of the faid town, not yet cleared, (hall, within the fpace ot fix months after the palling ot this ad, where they are at prefent in poireiTion, and within fix months af:er the date of their deeds, for any lots hereafter to be granted, cut down all brulh thereon glowing, and once in each year do the fame, under the penalty of five (hillings, proclamation money, for each neglect ; to be recovered and a.iplied asis herein alter directed. XI V. And to prevent annoyances and nufances ; be it further en. clcd, by the authority nj ore/aid, that if any perion or perfons fhall throw out, or lay in any public Itreet, or upon any public place in the laid town, 3ny drt, rubbiih, duft or mortar.- except Inch as are building or repairing houfe s, every perfon fo offending, ihali forfeit, to the commillion- ers of the faid town, for every offence, ten (hillings proclamation money, to be recover*: d and applied as is herein after directed ; and if any fuch offence is committed by any fervant or flave, fuch lervant or Have mall be punilhed by whip- ping, not exceeding thirty lathes, by direction of two Juftices of the Peace, provided the matter or miiheis refufes to pay the laid line. XV. And be it further enacled, by the auhirity afjref-.iid, that as often as the ovcrfeer of the roads or ftreets in the; faid town (hall fummon tbe male taxables thereof to clear the laid roads, ftreets, and public pbces, of ail woods, weeds, rubbiih, cr other nufances, or to repair or mend the ftreets or bridges in the fame, any perfon refilling to oblcrve the overfeers direction, except fuch as by fa >v are exempted from working on public roads in any county, he fhall forfeit and pay, for every oifence, the funi of ten (hillings, proclamation money ; to be recovered and applied as, is herein after di. reeled. XVI. And be it further enacled, by the authority aforefaid, that the commtffioners of the faid town, fliall within fix months after the paffing of this ;ct, lay out, or oaule to be laid out, the Itreets and paQages of the fame, and caufe good ports to be let up to afcirtain the bounds thereof. XVII. And be it fwthcr enacled, by the authority aforefaid, that the commillioners of the faid town, or a majority of them, may. and are hereby impowered, wirbin one year after the pairing of this act, to lay a tax on each and every perfon holding any lot or lots in the lame, atcoi ding to the number of his or her lots, net exceeding five (hillings for each lot, to be applied towards fencing or dnchf « in the laid town ; and in cafe any perfon fhall neglc£t or refule to pay the fame. Ik or Ihe (hall pay two Ihillings and f»x pence, over and above the faid tax, for each lot he or fhe fhall hold, to be recovered and applied as is herein after directed. XVIII. And be it further enaclid, bv the authority aforefaid, that if any perfon after the fanl town fhall be fenced or ditched in, fliall voluntarily pull down, ordeltroy any part of the town fence or ditch, fuch perion (ball forfeit and pay, for every oifence, ten pound;, proclamation money, to be recovered and applied as is In rein after directed : and from and after that time, it fhall and may be lawful for aiy perfon to rake up and pound any hogs, {boats or pigs, which fhall be found ranging at large in the laid town, fo long a* the fence or ditch fhall be kept in good repair; and the hogs, pigs or (boats, fo taken up, fhall be fold at auction, and the money arifuig thereby, given by the commiflioners to the pov r of the town. X(X. And be it further enacled, bv the authority aforefaid, that all fines and forfeitures in this aft mentioned rot ex. seeding twenty (hillings, proclamation money, fliall be recovered by a warrant under the hands and feals ot the com- millioners of the faid town, or a majority of them ; and all fines and forfeitures above twenty (billings, fhall be recover- ed in any court of record, by action o 1 debt, with coils, by the laid tommifiior.ers. XX. And be it further nuclei; bv the authority afore/lud, that all fines and forfeitures by this act impefed, and not o- thai-wife appropriated, and all monies which fhall arife by the fale of any lots to be granted by the ccn.miliioners of the faid to.vn, asis herein before dhected, and fliall, and are hereby dheited, after their reafonable chrrges and ex- pences are deducted, to be applied towards building and keeping in repair, a market-houfe, and public wharfs, and towards buying one or more water engines, buckets, Jaddeis, and oiler initrumen's, to be under the care of the faid commifftoners, for the fafcty and prefcrvarion of the laid town, in cafe of accidents of fire, and to fuch other ufes as the faid commillioners (ball think moil convenient for the encouragement and advancement thereof. XXI. And whfreai-the church in the laid town, partly built by the charitable donations of religion and well dif- pnfed chriftians, for want ot money in the hands of the commillioners, rema'ns unfmifhed, and the prefent veftry of 67. Paul's pji-ifh have neglected to lay a tax for the finilhing thereof; ; wherefore, that the pious intentions of the do- ners may not be frufixated, in" an undertaking fo well intended for the encouragement of religion, be it enacled, by the mithir'tty ahrefaiZ, 'hit an annual tax of t,vo fij^TkiffS, proclamation money, fliall be. and is hereby !aid on each tax- ,.. ,,'. i :ne pariib olSt. PjuI, in the count) of Chowan, lor i\vo years next Milling, and flull be collected by tin flier. l"in t :. fame ma iner t it public raxes are colic fed, and ilnll be accoumrd lor ard paid bj bin to the commiffi- oners of the faid church, who ihall, and are required am; directed to apply the lame towards rjniihing the faid church in a decent and wotki.. inlike manner, ai.d to cab all former commilfioriers, their in ; rs, executors, or admiriiitrators, an J others who have 1 their h m! niy money heretofore appropriated to that tile, to account ; and on their failing to accou-:: a id p iv die fame, on motion to the fuprenje court ac Rdenton, to obtain judgment, and take out execution againft them fb much a3 fere (hall appear to be due from them, giving ten days previous notice of l'uch motion to the parr v againIL Whom the fame Ihall be made. XXII. And be it further epa£led t hy the authority afpre/aid, rhat tie remmiffioners appointed for finifhing the faid church, (hall, -nice in two year;, account to the Juttices of Chowan county court, for all money I j ihe Said commiffion- ers already received, or hereafter to be received, either on account of the donations made, or taxes laid for building and Unfiling the lame, and tor whatever difburfement they have heretofore made, or ihall hereafter make ; and in cafe of their falling to account as aforesaid, the (aid Juftices ihall ard may maintain an aft ion aga'nit them for the mo- ney they Ihall have received, ana recover the lau.e with coils ; and the muiies fo recovered, ihall be applied toward* finilhing the faid church as is before directed. XXX Geoeg2 II. The 1 6th of May, 1757. Ch.'.p. IV. AnaH,jor fin'fning the church in Wilmington. I- ¥ T7HEREAS by virtu; of an act of Aflembly palled in the year cne thou&nd feven" Kundred jnd fifty-one, intitu- W led, Anal or building a, church in Wilmington, in St. Jaines'j fari/h, in New-Hanover cotniv*, certain com-. naifhoners therein named have received the taxes which were laid, and the f urns which were lubfcribed, or part of ihem, for and towards building the faid church, at.d luve caufed part ot ihe wa Is of the laid churth to be bu.lt, but have ro:, lor fome months, m.,de any progrefs in the faid wo.k, nor have they rendered accounts ot what money has been received and expended lor the faid building : in order therefore to flnifli the faid church, to bring to account ail thole who have been concerned in receiving and paying money for the fame, as well as thole who ace U.l. in arcear, for the ta x es and ntbfcription, aborted to the laid church ; II. Be it en .. ' the Governor, Council, and AJTembty, andhy the authority ofifiefame, that John DuBois, Cornelius H.irn>tt, and G.orr?e Wakely, Efcjrs. or the majority of them, be, an I ai e hereby conltiruted snd arpoi; cd comiviihion- er» f ;r firtifhinc the laid church, in the room and Head of the eo:n; lffioncrs appointed In and by the act: herein before recited, with full p >wer and au hority to th?"n the faid John DuBoisi < ornslius Harnett, and George W.al h , or ihe ma- jority of tHem, to account with the former. comrniflioners, or any of them, who have received money or e Heels for the purpofe aforelaid ; and aiib, to bring to account every fnerm'wl.u is in arrear i r pai fh taxes appropriated to the faid thin c!i and all prrfens who nave neglected to pay the iurns 'ay them i elpectivel y fabferibed : aid it any former com- niiflioner, the executors or adfniniftrators tif any corpmiffioner, my flier iff, or other perfon in arrcar, cr fulpected iio be in arrear as aforefaid, or having any money or materials which-have been appropriated for building the (aid church, in his or their enftody, ihall refufe or neglect, on rerjueit tc him or them made, to account with the faid Join DuBois, Cornelius Harnett, and George Wakely, or the majority cf them, upon oath, or to produce vouchers where the nature of the cafe requires, and to pay the bal'ance Ly him or them refpeaiveiy due ; then upon fuch refit- fa! or ne^bct, it (ball be lawful for the lupreme court at tyilminglon t or for the county ceurt of New Hanover, (where the fura is within the jut i!'d ction of that court) upon motion of the faid John DuBois, Cornelius Hurnitt, and George H'ukdy, or the majority of them; 10 give judgment agamlt fuch commiflioner, CierifT, or other perfon cr ptrfons, for all the money wherewith he is. or they are chargeable, for the purpofe afore faid, and thereupon to award execution againft the gaods and chattels, lands and tenements, of fuch comaiiffioner, fneriif, or other perfon ; provided that fuch Cdm n'!:i >ner, flu-riff, or other perfon, Ihall have ten days notice of fuch motion. III. And he it further enofted, by the authority afore/aid, that the faid commiilioners, or the majority of them, fliall, every yar, ar the firfr meeting of the veftry cfSt. James's parifh, after Ealter-T\londay, render to the laid veflry, upon oath, a fair and jail a'coant of all the money and effects tney ihall have received and expended by virtue of the truft hereby in them repofed ; ard the-faid veflry ihall tranf.uit to the fellion of the General Aflembly next after iheir laid meeting, a duplicate of the faid accounts, with their report thereupon. IV. And be it further evaded, that the faid commiffionei s, or ihe majority of them, fhal! proceed in building and fi- nifhii g the faid churcli, as far as the fums and materials they (hall receive by virtue of this act, will enable them ; and in fuch build ng and Sniffling fliall be guided by the directions of the veflry ot St. James', paiilli, v» hich they lhail iroia time to time receive. •$. 13. H 3° XXXI George II. The 21ft of November, 1757. Chap. V. An ail for eflabliflnng a toivn on the land of James Leilie, on Roanoke rtver. 1. YT 7HEREAS it hath been represented to this Aflembly that the land of James Lcflie, lying on the fouth fide ot VV Roanoke river, in Edgcomb county, is a healthy, p'.eal'ant fituation, well watered, and commodious for com- merce ; and Sundry merchants, and perlons o: note, have contracted with the laid James Leflie for the purchafe of one hundred acres of the laid land, and are defirous that a town fhould he erected thereon, for promoting the trade anJ navigation ofthe laid river : II. Be it therefore enacled, by the Governor, Council and Aflembly, and by the authority ofthe fame, that the faid one hundred ac es of land, when the lame (hall be laid oft, according to the directions of this act, be, and the fame is here- by conftituted, erected, and eftablifhed a town ; and fhall be called by the name of Halifax. III. And be it further enacled, by the authority afore/aid, that from and after the palling of this aft, Thomas Barker, Alexander M'Cu/loch, John Cibfon, Richard Drownrig, and Robert Jones, the younger, be, and they, and every of them, are hereby constituted directors and truftees, for defigning, building, and carrying on the faid town ; and they lhall ftand Seized of an indefeafible eftate, in fee, in the laid one hundred acres of land, to and for the ufes, intents, and purpoies, hereby exprefl'ed and declared ; and they, or any three oS them, (hall have Sull power and authority to meet as often as they lhall think necelfary, and to appoint a public quay, and Such place on the Said river, for a public landing, as to them fhall Seem convenient ; and to lay out four acres of the Said one hundred Sor a market place, and other public buildings ; and the refidue tnereof into lots, Streets, lanes, and alleys, or So much ofthe Same as will make at leaft one hundred and twenty lots, of half an acre each ; and caule apian thereof to be made, and therein U> iniert marks and numbers to each 1 it. IV. Provided neverthelef-, that nothing in this act contained fhall be conftrued or extend to grant power to the faid directors, or their fucceffun, or any other freeholder of the faid town, tokeej) a public ferry at the landing fo to be appointed by the /aid d rectors, in prejudice to the ferry to the Said J imes Leflie, now by law eftnbliflied. And in cafe if ihould hereafter be found necetf-ry to ef^t a public fjrfy at the faid landing, the right ot keeping the fame lhall re- main to the (d\djam j s Lflie, his heits and aliigns. ; until he or they lhall refute to comply with the terms by law prefcri- bed for erecting and keeping public ferrits. V. And whereas lubi'cription-> have already been made for one hundred and twenty 1 >*-s, to be laid off in the faid (own ; be it further enacled y by the authority afqrefaidt that the laid .directors, or the majority of them, within one month after the laying off the Said town, thill appoint a time, and give public notice thereof, for meeting the faid ftibfcribers on the Said lanci, Sor determining tiie property of each particular lot ; which fhail be done by ballot, in a fair manrer, by the direction Qf, and in prelence of the majority of the Said directors at leaft ; and each Subscriber fhail be intitled to the lot or lots which lhall happen to be drawn for him, and correfpond with the number contained in the plan of the Said town ; and the laid directors, or the m.jority of them, fhall make and execute deeds for graining .md convey, ing the faid one hundred and twenty lots to the Subscribers, their heirs and aSSigus, for ever; and alfo to every other perSon who Dial] pftrchafe any otner lot or lots in the Said town, at thecoftsand charges of the grantee to whom the fame lhall be conveyed ; and every perfon claiming any lot or lots by virtue of any Such conveyance, fhall and may hold and enjoy the fame in 'ee- Simple- VI. Provided nevertheless, that every grantee of any lot or lots in the Said town, So conveyed, mall, within three years next a'ter the d ate of the conveyai ce for the fame, erect, bu Id, and finifh, on each tot So conveyed, one weil framed hotife, (ixteen feet Square at the Jeaft, and ten feet pitch in the clear, or proportionable to Such dimenlions, if Such grantee fhall have two or more lots contiguous : and if the owner of any lot fhall fail lo purlue and comply with the directions in this act prefcribed Sor building and finilhing a houSe thereon, then inch lot upon which luch boufe fhall not be built and finilhed, lhall be revetted in the laid directors ; and the laid directors, or the majority ot them, may, and are hereby im powered and authorised to Sell Inch lot for the beft price that can be had, to any perfon ap. plying for the fame, in inch manner, and under Such restrictions, as they could or might have doi;e, iS iuch lot had not beSore been fold or granted. VII. And belt further eni'.cled, by the authority aforefiid, that the reSpective Subscribers Sor the Said one hundred and twenty lots Shall, within one month after it lhall be afcertained to whom each ofthe faid lots doth belong, in man- ner herein before -mentioned, pay and Satisfy to the Said directors the Sum of forty lliillings, proclamation money, fcr each lot by him lubferibed for ; and in cafe oS the refuSal or neglect oS any 1 ublcriber to pay the faid Sum, the Said di« rectors liiall and may commence and proSecuce a Suit \a their own names Sor the lame, and therein lhall recover judg- ment with colts of luit. VIII. And be it further enacled, that all monies which fhall ariSe by a difpofal ofthe Said Jots, granted by the Said directors, and their f ticflSors, in execution of this act fhall be received by the lad directors ; and after theirreafon- able charges and cxpences Ere deducted, fhall be by them applied, in the firtt place, towards paying and Satisfying the faid James Lcflie, one nundred and fifty pounds, for the Said one hundred acres of land; and in. the next plate, in building and erecting a bridge over Qunkey creek, Sor the convenience of travellers, in going to, and returning Srom, the 1 -iid town ; and the overplus thereof cowards the advantage and improvement ot the laid town, in fuch manner as the majority of the laid directors fhail, from time to time, think convenient. 3* IX. And for continuing the fuccelnon of the fa'd direftors until the faid town fliall be incorporated ; be it enacl- ed, by the authority afon/aid, in cafe of the death, refufal to aft, or removal out of the country, of any of the faid di- reftors, the fun-King oi other direftjrs, or the major part of them, mail aflemble, and are hereby impowered, from time to time, by inftrument in writing, under their refpeftive hands and feal , to nominate fome other perfon, bong an inhabitant or freeholder of the faid town, in the place of him fo dying, refuting to aft, or removing out of the coun- try j which new director, lb nominated and appointed, /hall, from thenceforth, have the like power and authority, in all things in the matters herein contained, as if he had been exprefsly named and appointed in and by this aft. Chap. VI. An a3 for the better eftablifhing a ferry on the North-Eaft_/S/f of the North-Well river oj Cape-Fear, ic- ing the place commonly culled or known by the name of D aw fon' / ferry. '' \y\7 HER E AS the fei ry on the North Eajl lide of the No: th Wefl river of Cape Fear, called Dazvfon's ferry hath V V been of long Handing; and found very convenient for travellers, and others : and whereas the land on the North.Eaf/ fide of the faid river, where the public road crolTes and leads to the Yadkin, and To to South-Carolina it the property of William Dawfon, who live, thereon ; and being defirous that the faid ferry mould be continued 'and fixed at the fame place : wherefore, for the encouragement or the faid William Dawfon, and conveniency of all tra- vellers, and to prevent the removing the ferry from the place aforefaid ; If .Beit enabled, by the Governor, Council, and sffemhly, and by the authority of the fame, that the faid ferry is hereby unified in, and iliall from henceforward, be held and deemed the right and property only of the faid William Da-wfon, his heirs or afligns. III. Andbe it further enacled, by the authority aforefaid, that the faid William Da-wfon, his heirs or afTigns /hall as foon as conveniently may be, build or provide a good and fubflantial boat, fit for the tranfportation of men and' a rl S, n an ,r ,ha " malntaln and kee P the iame aIwa ys in good repair, and give conftant attendance at the faid ferry - and fliall alfo, for the ti ue performance of rhe fame, at the county court of Cumberland, next after the pa/Tine of this aft, enter into bond, with good and fu/Ecient fecurity, to be adjudged and approved of by the faid court . IV ' Jndbe '{further enacled, by the authority aforefaid, that after a boat is fo built or provided, and the "(ecuritv given as aforefaid, that it /hall and may be lawful for the laid William Da-wfon, his heirs or affions to take and re ceive from all perfons that (hall pafs over the laid ferry, the following rates ; that is to fay, fouY pence proclamati" on money, for a man and hcrle, and two pence like money for a footman ; and one milling for each carriage drawn by one or two liorles, and for each horle more four pence ; and one penny for e^ch lleer cow hog or /beep V. And whereas part of the road on each fide of the laid ferry, wants to be cleared and made good • he it enacl ed, by the authority aforefaid, that the faid William Daw fon fliall, at his own exoence, clear the fame • that is to fav on the North- Eaft fule of the faid river, from the ierry to Black river, and foon the South- Well or oppofire fide of the laid terry to Cumberland court-, houfe ; and that the fame fliall afterwards be kept in repair, and maintained bv the commiihoners and ovei leers of the diitrift in which the faid roads lie. y Chap. X. An acl, to amend an acl, entitled, An aft, for the better regulation of the town of Newbern ; and for fecuring the titles of perfons who hold lots in the laid town. p. 20. \A/? FRE , AS many d,, P utes have arile » aniong the inhabitants of the faid town, concerning who are to be ▼ V deemed taxables ; II. Be it therefore enacled, by the Governor t Council, and Affembly, and by the authority of the fame, that from Sin 3 ' "^ Mal " bel ' ub J ea to P 3 ? the town tax > an y ufage or cufto.11 to the contrary notwith- III. And whereas the commiiTioners of the faid town cannot lay a tax without confent of the freeholders or the majority of them, pirefent, whereby many inconveniences have arifen, greatly prejudicial to the rood eovernmeut of the laid town ; be it enacled, by the authority aforefaid, that the commiihoners of the faid town, or the majority of them, fliall have iu!l power and authority, to lay any tax on the male taxables of the laid town, not exceeding ten, /hillmKs^poll, per annum; and the tonimiiuoners fliall, annually, put up an account of the monies by them re- ceived and expended, at the court-houfe. ' IV. And whereas the allowing of hogs 'o run at large in the faid town, is found to be a great nufance to the in. nab„anu ; Be it therefore ena&e* h the authority aforefaid, that none of the inhabitants of the faid town, (hail oti any pr.-.tence whatever, lufter any of their hogs to run at large within the bounds of the laid teun; and any hoe or h,gs of any inhabitant or inhabitants of the faid town, running at large, fliall beforfeited to ry perion who Iliad icize or kill the lame. * * V. And be it further ■ enacled, bv the authority aforefaid, tbjt the commiihoners, and the inVsbitams, fliall have lime. ' pUbilC n)eeti "£ s ' °" al! occafions, in the court-houfe, and have the liberty of a key to the vZl'e. ^"\t bi U ! " rt 'T emiae i' h !l e author ''ty aforefaid, that if at any time any tavern-keeper, ordinary-keeper, E TV' ° r . eeper ,° f a puWlC hollfe in the Iaid town > mal1 luffer a "v perfon or perlons whatsoever, to fit tippwng 01 drinking in his or her houle on the iabbath day j fuch perfon or perfons fo offending, fhail forfeit and pay •52 twenty fii'illinsrs, proclamation money, for every fuoh offence ; to be recovered bv a warrant, under the hand and leal of any JuTiice of the Peace for the county or' Craven ; and which Hull be paid into the pablic ito.k of the laid town. VII. And belt further enabled, by the authory afortfaid, that 'if -any perfon or perfons whatfoever in the faid town, fhall, on any pretence whatever, give any credit, h.mrtn..; to' any mariner or feamen, bciogmg t >, or tinder the command of any mailer of a veilel, thatiiow^s, 01 [hall at any Time hereafter be lying in the livers of Neufeor Trent, exceeding the film of two fHill ngs and eight pence, jwbclairiatiori money, except by the leave pr.li- cence of ihe matter or sommander of the vefle i he belongs to, or where filch (aiior or mariner ihall have left the veiiel, to apply to either of the courts of jutrkte; in any difpute's or controversies with the capram or commander of inch vej". feJ ; that tli-.n, and in filch cale, he, fhe, or they, lhall, for every iucii default, lofe all the monies or goods io uui. ed or credited. . ' . V/Il. And be it further enacled, bv the authority afore/aid, that if any perfon or perfons wh .tiorver in the iatci town (hall willingly or wilfully, cntert i.i, harbour or keep, or, fufier to be entertained, harboured or, kept, direct- ly" or 'indirectly, anv teamen, belonging to any veftei as atorefaid, in his, her, or their Louie ir boufes, exceeding fiefpaceof twenty four hours, without the privity or content ot his commander, (except in the cale before excepted), he, ihe, or they, reoffending, ihall forfeit the aim of twenty. five {hillings, proclamation money, lor ev in ?(&ffi9 n9 f Harding Jones, under a devifein the will of x'redei ck Jones, E/lj; his grand father , deeeafed, by -whom the fame were intailtd* I. V T 7HEREAS Frtderick Jones, E'qj lateof this province, deceafed, hetr-g, in his life lime, feized in his VV demefne, as o> tee fimpie, of, in, and to certain large tracts of land, lying and being in that part cfChowan, precincl, now called Tyrr-et county, and in Hyde and Craven counties ; and being lo.ieiz.ed, the faid Frederick Jones. did byhislaft will and teitament, bearing date the nytvh iday of Agril, in the year cf our lord one thouaud leven hundred and twenry two, devii.e, to his ton William Harding Jones, in tail male, all his lands on tie South tide of M-ratuck river, and all his lands in Hyde precinfl; ; and m default of heirs male of the faid Willium Harding Jones, ue- viied the remainder of the laid lands, in tail male, to his Ton Fredti ick Jines ; and by the fame will, the teltator devileJ all his lands, in Craven precinct, m tail-male, to his faid Ion Frederick ■ and the laid C/dlnm herding jones, after the deatn of'the (aid teltator, in conference of the laid devife, became ieized of the lands devded to him as afore- faid and died feized thereof, without iff.se, in the life time of the laid Frederick Jones, to w hem :he remainder was limited as aforelaid. Whir h faid Frederick, under the faid ieveral devifcs, became feized of the tail feyeral tract* ofhnd in his lifetime, and 1'jcn alter died fo feized, leaving male iffue, I wo fons, to wit, Harding Janes, and Frederick Jones ■ which faid Hardixglm-s is now feized, in t. il -male, of,in, and u all the lands before mentioned j, and- the laid Harding Jones, and the laid Frederick jones; * ho, by the vill of the faid tefiajtor, in default of heirs male of iiie^i^A Hard ng Jones, will be < milled to the lands aforelaid. having, by their petition, let tortn to th S Aflembljr, that there is a Urge arrear of qiit-rents due on the faid land •<, and that ihey are tin r>- proved, and will be burfherifome and ufelefs, unlefs part of the faid lands may be fold to raife money to uncharge the quit-renn due aforelaid, and to improve the remaining part oi them ; and the allegations of the laid petition having been fully made known : ,,.„,,, ^ ^ -i j II We pray your mofl excellent Majefty that it may be enacted, and be it enafled, bv tie Governor, Council, and liffemhly, and by the authority of the fame, that the intarlmcnt of the faid lards, in .he f t veral counties aforefaid, io holden and pofleflV d by the laid Harding Jones, by virtue of .he will of his grandfather Frederu k ju.es, the teltator (except one thoulaod acres thereof, lying and being on 7 rent river, in Q-aven county, bounded by a hue beginning at an oak on the head of Reedy branch, running by a lin ! of marked trees to the head oi Hoofs cre< k ; then clow n the. Meandrrs of ihe laid creek to 1 rent river ; then up Trent river to tre mouth of Reedy branch; then up Seedy branch to the lirlt llatio.i) be docked and barred ? and thai if mall and may be law Jul for the (aid. Harding Jonet to fell and convey the lame, or any part thereof, in lee-fimple, in order to enable him to d fcharge the arrea.s oi quit, rents due thereon, and to improve the remaining part of the lame, for the benefit and advantage of Ihoie who may hereafter, in remainder or revrrfion, be in.ercited therein ; and ail deeds by him hereafter mide, for convey:, g the rame Ihall be rood and effectual in law, to convey the lands bv .he laid Heeds to be granted ... the grantees, their heirs and afllgns, for ever ? any ihing in the laid will of the laid Frederick Jums, deceased, grandfather of the laid petition, ers, contained, notwithstanding. . , . 111. Provided mvertielefs, That nothing herein contained, fhall be corfirue d to deftroy rr t: ke away the right ot hisMajefty, bi heirs and tucceftbrs, nor the right of any body, politic or corporate, nor th.t < f any other p virtue of any lutli con- veyance, (hall and n av hold and enjoy the lame in ce limplc. VII. Provided neverthelefs,, that every grantee W any lot or lots in the &M town fo convened, frail, vtt'iin three years next after the- dare or the purchafe, erect, build and (inifh on eacbfifrf 'o conveyed, me good habr'able Ivile, * i to a jridt (>• ftvne chimney, riven y fee lorg, ii!t;-e i f'cft wid , and nine feet pn'ch' in ihe clear, or pro or: oilafcljg ttlo>.!i dimeufions, if iuch grantee fliali have t,vo or'iia'ore lals contiguous ; and ii the ov. r.er olsny lutfhafJ no: co.nply 13 *ith the directions byfhis act prefcr'be d, for building anJfini thing an houfe thereon then fucli lot /hall be re-veiled in the laid directors ; and the laid directors, or the majority of them, may, and they are hereby impowered and authoriied to fell fttth lot, in the lame manner as it" the laid lot had never been fold or granted : and in cafe of the refulal or ':/«. gleet of any pm chalcr to pay thefum agreed for, the laid diredors /hall and may commence and profecute a fuit, in iheir o-' n names, fjr the fame, and thereon recover judgment viith cofts. Vlil. And be it further enacled, that all monies which fliall arife by the fale of faid lots, fhall be paid to the faid di. rectors, and their lucceflbrs, and by them applied for the benefit and improvement of the laid town, in fuch manner as the majority of the laid directors /hall think proper. IX. And for continuing the l'uccefiion of the faid directors until the faid town fliall be incorporated, be \t further en* ailed, by the authority afvrefaid, in cafe of the death, refufal to act, or removal out of the county, of any of the faid director,, ihe remaining directors, or the majority of them, fliall aflemble at faid town, and are hereby impowered from tune to time, by inltrtiaieiit in writing, under their relpective hands and feals, to nominate i'ome other perfon (being a freeholder of the (aid town) in the place ot him fo dying, refuting to ad, or removal out of the county - which new director, lb, nominated ami appointed, (hall, fro n thenceforth, have the like power a id authority, in all things in the matter herein contumed, as if he had been exprelsiy named and appointed in and by tliis act. Chap. XX. An ad to relieve John Pope from a judgmtnt obtained again/} him, in favour oftheparifhes o/EdoJ'eu I. T T 7HEREAS by one aft of Aflbrably, palled in the thirt/ nVtt vear ot the reign of his prefent Majefty, intituled, VV an act for eflablifhinga town on the lana ' a/James' Leflie, o» Roanoke river* , among other thmgsjit is provided, that the grantee of every lot in the laid town (hall, within three years after obtaining a conveyance lor 'lie lame, eiedt and finilb thereon a houie of the dimenfions therein fpecified ; a:id on failure thereof, every iot wherein (uch noufe, fhall not be fo erefted, fliall be re-velted in the direftors of the (aid town by the laid aft appointed : and whereas the fuwllpox hath raged in the laid town for many months pair, whereby many perfons have been prevented from laving their lots, agreeable to the direction of the laid act : II. Be it therefore enacted, by the Governor, Council, and Affernhh, and bv the authority of 'the fume, that every lot in the faid town on which a houle fhall be erected and buiit of the di neniions mentioned in the laid aft within the ipace of hve years next after the palling of this act,, and alio every lot therein which ihal! hereafter be fold or conveyed on wlrch luch houle fhall be erefted within the Ipace or five years after the date of the conveyance made for the fame, (hall be, and is hereby declared to be vetted in the grantee thereof, in fee-fimple j any thing in the laid recited act, to the contrary, notwithstanding. 11/. And whereas fuffering wooden chimnies to be built in the faid town, may occafion accidents by fire ; be it further enacted, by the authority aforefaid, that no perfon whatloever fhall hereafter erect any wooden chimney in the faid town ; and every perion who hath already built any fuch wooden chimney therein, ihall pull down or remove the iame within the term of five years next after the palling of this act : and if any perfon or perions fhail prefume to aft contrary hereto, in erecting any wooden chimney in &e faid town, or in failing to pull down or remove, within tho time afore-mentioned, any luch wooden chimney by him already erected herein, the directors herein alter mentioned, or any two of them, are hereby authonled, impowered, and required to, pu 1 down and deftroy every fuch chimney, and fhall not be liable to an action or damage for lb doing ; and it ihe iaid directors, or any of them, ihall be 1'ued for the fame, they may plead the general iifue, and give this act in evidence. IV. And whereas John Gibfon, gentleman, one of the directors of the faid to\vn ; by removing to the colony of Virgi- ma, hath vacated his laid office ; be 'itihere fore enacted, by the authority af.rejaul, that from and alter the palling of this aft, Thomas Barker, Alexander IWCulhh, Robert yp«w, jun. Richard Broivirig, Stephen Dew-v, 'Ihomas NPftmght^ and Daniel WelJon, gentlemen, be, and are hereby appointed directors and tiuitees of the faid town; and fhdl and may ul'e and exercile the fame powers and atitnorities as the directors thereof appointed by the aforefaid aft could or might have exercifed, ufed, and enjoyed by virtue of the lame : and in cafe of the dear.il, refufal to aft, or removal out of the country, of any of the faid directors, the fin viviug or other directors Ihall and are hereby required and impow- ered, to chufe anothor director, agreable to the directions of the faid aft, in the foam of him fo dying, refuting to aft, . or removing out of the country. V. And be it further enacted, by the authority aforefaid, that the faid directors, or any three of them, fhall and may, and are hereby authorifed and impowered, to make and execute deeds for grunting and conveying to every per- fon and perions who already have purchased, or hereafter Ihall purchafe any lot or lots in the faid town; and every perfon claiming any fuch lot or lots by virtue of any fuch conveyance, Ihall, and is hereby declared to have an indefeafible eftate,' in fee-limple, in the lame. "p. 30. Chap. XIII. An acl for ejlablifhing a town on the land formerh granted to William Churton, gentleman, lying on the north fide of the river Enoe, in the county vf Orange. I. TT7HEREAS it hath been reprel'ented to the AlTembly by petition, that in the year of our lord one thoufand fe- VV leven hnndred and fifty four, four hundred acres of land was granted to WiliiamChurtWy which was after- wards laid off" by h m into a town and common ; and that part of the faid four hundred acres hath been likewife laid out into lots of one acre each, on fome of which good habitable houfes have been erefted ; and that by realbn of the healthinefs of the faid pi ice, and convenient fiiuation thereof, for an inland trade, the fame might loon become conli- derible if it was erefted into a town by lawful authority, to which the faid Wlliam Churto'!, who is now fieized, in fee, . of the greatefc part of the faid four hundred acres, and thofe who claim by conveyance under him, having contented : II. Be it therefore enaded, bv the Governor, Coum il, and Affembly , and by the authority of the fame, that the laid four hundred acres of land be, and the fame is hereby conftituted, erefted, and eftablifhed a town, and town common, and fhall be called by the name of Childjhurg. III. And be it further enacted, by the authority aforefaid, that from and after the pafTing of this aft, James Wat/on, William Churton, William Reed, Efqrs. William Nunn, and Daniel Cane, gentlemen, and every of them, be, and they, and every of them, are hereby conltituted directors and truflees, for defigning, building and carrying on the faid town ; and they Ihall ftand fcized of an indefeafible eltate, in fee, in the laid four hundred acres of land, to and for the ufes, intents, and purpofes, herein after exprefl'ed and declared ; that is to fay, that the faid direftors, or any three of them, Ihall have full power and authority to meet, as often as they fhall think neceffury, and caui'e an exact plan of 37 TWo hundred acres c? ths fa id land to be mvle, as reap as m:e it further e 1 1 -?/./, by the aufboi ity aforefaid, that the faid directors, or a majority of them, fliall hereby have full power atld authority to tall anv perfon or per ons to account for any fumor funis of money by them received, either by the fale of any lots formerly granted, or hereafter to be granted, or from the ground-rent chargeable oa each lot, ill 'i receive c.ie I 1 112, and give proper and hill difchirges thereupon. X. A.i I i'e it further enxSl i by the authority aforefiid, that all the monies ariling by the fale or taking up of the faid lo:s, af.er the direct >rs realouable charges an I expences tor their leveral fervices are deduch-d, Ihall be appropria- te !, la J out an J appli; d to fuch other ufe or ufes a; the laid directors, or a majority of them, ihall think convenient, for encoura renenf of the laid town. XI. And for cdmiii'ifo'g tiie facceffion of the faid direftors until the faid town Ihall be incorporated ; be it enacled, by the authority aforefaid, 111 cafe of the death, refusal to aft, or removal out of the town, of any of the laid direftors, the remaining direftors, or the majority of them, fhall allstnbie at the laid town, and are hereby impowered, by inltru- men: in writing under their refpeftive hands and feals, to nominate fome other perfon, being a freeholder cf the laid torn and reiitino therein, in 1 he pi ice of him fo dying, refuling to act, or removal out oi tne town ; which new di.^ redlor lo nominated m J appointed, (hall trom thenceforth, have ihe like pouei and authority in all things in the mat. ters herein contained, as it he Had been expreisly named and appointed in and by this aft. XXXiV George II. The 30th of November, 1760. Chap. IX. An act fr eftablifhbig a town en the lend of Jofeph Howell, on Tar river. I. ^T7[IEREAS it hull been reprelen:ed to this Afleinbly, that the land of Jojeph Howell, lying en ihefouth fide of V V l'ar river" in Edqcomb county, is a healthy plealimt liiuarion, well watered and commodious for tradeand commerce • and James Mair, L.r.vrence Toot, 4guilaSHfgg, El iffta Battle, and Benjamin Hart, have contracted v.ith the faid Jofeph ho cell, Jor the purchale of one hundred and fifty acies ot the laid land, and have accepted and taken a deed of !- m n-enx for the aforefaid one hundred an I ftf y acre? fro n the faid Jofeph Howell, and cauled the fame to be laid off in lots and itreers, and alio a part thereof tor a amnion for the life of the faid town, and have fold a great number of ih^ laid lots of half an acre each to fundi- ,• perlqnb, who are deurous that a town Ihall be eftablifhed thereon, tor pro- mori.ng ttie trade and navigation of the fa.d river .- II. Be it therefore. enaited, by the Governor^Cbtincil, and Afjembly, and by the authority of the 'fame, that the faid one hundred and fifty acres of* 1 md fo la'd off by th- trmtees 01 commiilioners as aforefaid, be, and the fame is hereby con- ttitut :d, erected, and eftablifhed a t own, and (lull be called by the name oiTarBorough. III. Andbe it fwther em €t .!, bv tht etuibority a I or faid, that James Aloir, Lawrence Tool, Aquila Sugg, Elifra Battle, and Benjamin Hart, be, and they, and every of thtm, are hereby conftituied directors and truftees, fcr defignirg, t u il linrr, and carrying on the faid town ; and they fhall ftand feized of in mdefeaCfhle cftate, in fee, in the faid one fcundred and fifty acres of land, 10 and for the tiles, intents, and purpofes, her'eb) ex relied and declared ■ and they, or the majority o! them, thill have full power and authority to meet as often as they lhall think nectffary, and to ap- point a public quay, and inch place 013 the laid river for a public landing as to them (hall fee m convenient; and caule the plan of the laid town as laid eft' by the laid James Moir, Laurence Tool, Aquila Sugg, Eli/ba Battle, and Benjamin Hart to be recorded, and filed an ng the records of the ourt of the county of Edjcomb. I V. And * hereas fubferiptions luve already been made for one huudi ed and iv, enty one lots already laid off in the fa:d to.vn, and the lame drawn for by the feveral fubferibers or their agents ; be it therefore tr.acltd, by the authority at ore/aid, that the laid directors, or the majority ot them, (hall make and execute deeds for granting and conveying the laid one hundred and rwenty-one lots to the fubferibers their heirs and alligns for ever ; and alio to every other perfon who fhall purchale any other lot vr lots in the laid town, at the cpfts and charges of the grantee to whom the lame (hall be conveyed : and every peifim claiming any lot or lots by virtue of any luch conveyance, lhall and may hold che fame in fee fimple. V. Provided mverthelefs, that every grantee of any lot or lots in the laid town lo conveyed, or hereafter to be convey. the owner "o'iTa'ny let lhall fail to purfue and comply with the directions' in this act pi-eicribed for building and flniOiing a houfe thereon, then ffceb. lot upon which fuch houle lhall not be built and finifhed, lhall be revetted in the laid direct ors ; and they, o'r the majority of them, may, and are hereby impowered and ajjlhorifi d, to fell fuch lot for the beft price that can 'be had, to any perfon applying for the fame, in fuch manner, and under fuch' reitriaions, as they could or might have done'if fuch lot had not befcre been fold or granted : and the money ar'.ling by Inch fale to be applied as the directors, or the majority of them, fhall think proper, lor the tile o. the town. VI. And for continuing the fuccefljpn of the faid directors until the faid town be incorporated, be it further enacled, by the authority* afore/aid. "that in cafe of the death, refuial to ad, or removal our of the county, of any of the laid.di. reftors the furvivirm or other directors, or the majority of them, lhall alTemble, and are hereby impowered from time to time by inftrument of writing under their relpeftive hands and feals, to nominate feme other prrlon, being aniuhabitart or freeholder in the laid town, in ihe place ot him fo dying, refilling to ad, or removing out of the country, which new direftcr i'o nominated and appointed, (hall, from thenceforth, have the hkc- power and authority in all things in the matters herein contained, as if he had been exprefsly named and appointed in and by this act, Ch.af. X. An atlto amendanacl, intituled, an aft forthe better regulation of the town cf Neivbern, and for fecuring the titlesof perfons w ho hold lots in the laid town, pajfedthe 30//; day of September ,oti: thoujundfeven hundred 6 fifty- fix. I. \~K /HE11EAS by the before recited aft* the freeholders ot the laid town have liberty anuually, on thelecond Tucf. VV dav in November, 'o meet at the court-home, then and there to elect and choofe five freeholders of the laid town to be commilfioners lor the lame, hut no directions tj the Iheiitf, >< ly other perfon, to open the poll, or re- ceive the votes for electing fuch commilfioners ; and the fame hafch been neglected or refufed by the Iheriff, on the day appointed as aloreiaid for electing commifiioners for the cnluing year, whereby the town is at prefent without commilfioners, to the great detriment thereof : wherefore, II. Be it enacled, by the Governor, Council, and AJfmbty, and by the authority of the fame, that i'e flier iff of Craven, county, or his deputy, lhall, on the lecond Tuefdc.y iti January next, be'oie the hour ot ten o'clock in the morning, open the poll, and receive the votes ot tb.e freeholders for electing faid co iimifljoners, as directed in the before-mentioned aft, and continue the fame open till fun let, then (hall proclaim the perfotjs to be comnjiflianers who fhall have the molt luffrages ; and in like manner lhall, on the Jfcond 7 u flay in JVW?i for annually, open the poll, rete,ve the \otes, and proclaim the commilfioners as before directed, under tue penalty of fifty pounds, proclamation money, for every negleft or refufal of complying with the directions of this aft ; to be rt covered from the laid Ihenft'by aftion of debt, bill, plaint, or information, in any court of record, wherein no effoin, ii junction, or wager of law, fhall be allowed or ad- mitted, by any perfon or perfuns who lhall Cue for the lame within one year after fuch negleft orrefufa! ; one half to the piofecuter, the other half to he paid to the cpmmimoners for tue u'e of the laid town to be applied towards fen- cing in the lame : which commiilioners fo choien or elected, lhall have all the po.vers and authorities mentioned in the faid' recited aft, or any other aft now in force, relating to the faid town ot Ne-vbcrn. *j>. 2Q. I George IH. The 20th of March, 1761. Chap. VIII. An ail for building a court houfe in the town of Mewbern, in the county of Craven, for raifwg a tax, and for appointing eornmiffionerj 'for budding the fume, and for repevlh-g an acl ec I. \7r7rIEREAS the laid county is at j refen, and hath been or lome years p.ilt without a court-home to hold their courts iu; and the cominiflior.eri mentioned it) the above recited aft, having neglected building and finilh- 39 ing the court rioufe there n mentioned, to the great detriment and inconvenience of the inhabitants trtrreof : II. Be it therefore en ailed, end it is hereby er.acled, by the Governor, Council, and sjlmbly, and by the authority of the fame, that a court- houie for the laid county, r.ot exceeding fixty feet long, and torty feet wide in the clear, be buiit on the public lots in the town of Neivbtrn, nearly oppclite Mr. hire's red houfe, or in the interjection of Erocd- Jlreet, where a court- houfe is already begun, whichlbever of the faid places they, the commiliicners herein after ap- pointed fqr carrying on the laid budding, or the majority of them, fhall judge molt convenient. III. A id be it further enadled, by the authority af or ef aid, that a poll tax of two (hilling?, proclamation mjney, be, and is hereby laid on eacn taxable perfou within the faid county of Craven, yearly, for three years, from and after the palling of this act ; to be levied and collected by the fberift'of the faid county, in like manner, and at the fame time, as pnb'ic taxes are collected ; which lhall by him be accounted for, and paid into the hands of the honourable R/chaid Speight. Efq ; JfephLeech, and John Fonville, Efqrs. commiflioners, hereby appointed for building and fi- niih.ng ilie laid couri-houie, or to the majority of them, or their orders, who are to build the fame at their dilcreti- t)u ; the tint collection of the faid tax to be made, accounted for, and paid by the faitl fheriff unto the faid commiffi- oners, ox their orders, on. or before the tenth day of April, 1762, and fo, annually, till the faid three years are ex- pired. IV. And for the better enabling the faid commiiTioners to carry en and finifli the faid court houfe as foon as may be, It it hereby enaSei, by the authority < aforefaid, that they the faid commiiTioners, or the majority of them, fliall be, and they are hereby inveited with full power and authority, to lell and difpofe of the lot belonging to the faid county, v. hereon the old court- houie and prifon formerly flood, at public vendue, at any time hereafter, on giving public no- tice thereof, at leaft twenty days before the falc ; and after fuch file to convey and make over the fame in tee-fimple, to the perlon or paribus lo buying and paying for the fame, and to their heirs, executors, administrators, and affigns, byfucb.inltrum.eiu or inurumems in writing as fhall be fufficient and available in law. The reft Obfokte. Chap. XV. An ad to dock the entail of certain lards therein mentioned, veftlng the fee- fimple thereof in Blake Baker, and for fettling other lands in lieu thereof to the fame ufes. I. VT 7HEREAS Colonel Barr.aby M'Kinney, late of this province, deceafed, being in his lifetime, feized in his de- VV meine, as of fee, of, and into, certain traits of land, lying and being in Halifax county (formerly Edgcomb) and being fo feized, the (aid Barnaby M'Kinney did, by his lalt will and teftair.enr, in writing, bearing date the thir- teenth day of Aigutt, in the year of our lord one thonland feven hundred and thirty-feven, devife to his ion R'chard M'Kinney, in fee tail (together with other lands) that trad of land whereon the laid Barnaby M'Kinney then lived ; bounded as followeth : beginning at the upper end of the cyprefs gut on Mcra'tock river, at a plate called the old mill dam ; thence by the windings of the laid gut to the great ditch ; thence along the faid ditch to the corner there- of at the road ; and thence by the courles of the cyprefs gut to where William Brown's head 1 ne erodes the fame ; then by J}rov)n% head line to his corner near the head of the Merry branch ; then by Brown's lower line to a maple on Mo. ratfock river : as alio, t >. o hundred acres or land, purchiled of colonel Will\am Maule, adjoining William Brown's lower line ; and all the r mainder of the laid Barnaby M' Kinney's lands on the fouth fide of Morattock river, not before de« vifed ; and if his laid fon Richard ihould die, without heir, or lawful iiTue, then the plantation w hereon the fa.d Bar. naby M'Kinney then liysd, with three hundred acres of land adjoining, fliould delcend to his fon J'.hn M'Kinney, in fee-tail ; and ill other the lands before deviled to the faid Richard M'Kinney, Ihould go to tne two daughters of the faid Barnaby M'Kmney, to ivit ; Patience Lane, and Mourning Pope, and the heirs of their two bodies, lawfully begotten, ai.d to their heirs for ever, equ:l!y to be divided between them, and foon after died ; and the fjid Richard M'Kinney t after the death of the faid tefiator, in confequence of the laid devile, became feized and poflefled of the lands afore-, faid, and fo died feized thereof without lawful ifl'ue ; by means whereof, John Lane, and Henry Pope, the lawful heirs of Patience Lane, and Mourning Pope, became leized as heirs at law to the faid Patience and Mourning of the lands in the afore faid. devife mentioned ; except the plantation, and three hundred acres of land limited as aforefaid to the laid John M'Kinney. And the i'aidjahn Lane, ueir at law to the laid Patience Lane, who, by the will of the faid telta- tor, in default of lawful ifiue of the laid Richard M'Kinney, was imitled to one halt of the faid lands (o limited to the faid Patience and Mourning, entered, and was feized, 3nd poffelled thereof ; and apprehending he had a fee-fimple ef- tate therein, agreed to fell t lehnne to col. Joj'eph Lane, for the confederation of four hundred pounds, and executed a leai'e and releale to the laid col. Jj'eph Lane, tor his part or fhare of the lands fo limited to the laid Patience and Mour. tiing ; and the laid Jofiph Lane apni eliencfny; that he had (after the conveyance by the laid John Lane exe :uted) art ablolute eltate, in fee-limple, to the faid lands fu conveyed by the faid John Lane, agreed to fell the fame to Blake Ba. her, for the conlideratiun t>{ live hundred pounds, and executed deeds of conveyance for the fame to the faid Blake Bam ke-. Pnd alio whereas the laid "Join Lanais leized, in fee fimple, of, and into, one certain tract or parcel of land, containing, by eilimation, lis hundred and eighty three acres, lying and being in the parifh of Edgecomb, in the county oi'.Halifax, lately purchaled by him of J-tlcvh Lane by deed of feoffment ; and alfo, whereas it will be greatly to the advantage of the eldett fon of the laid Join Lane, to dock the entaii of ihe faid lands fo limited to the faid Pa- \ience his mother, whereby the faid John may be enabled to provide for his younger chilarcn, and to fettle the ttner parcel of land purchased ol ' Jofepb Lane as alcrelaid, w hereof he is lei/cd in fee fin. pie, to the Came ufes: and pralinuch as notice has been cubljlhed tlnee Sundays iuccefiively in the ievtral churches and chapels in the faid pariii 40 "<& E:l?cwib, in.the county of Halifax, tb.it application would be marie to this prefei'it General AlTembly, to dock the intail of the faid dividend of land lo limited to the laid Patience, upan fettling tne Other lands to the lame ufes, p'urfu- ant to your Majefty'S hdfructions : II. May it therefore pleaie your moft Excellent Majefty, at the humble, fuit of the faid John Lane, and the faid Blake Baker, that it may he enacted, and be it enacled,by the Governor, Council, and AJJembly,andby the authority of the fame, that the laid lands fo limited as alorelaid to the laid Patience Lane, fo as aforelaid agreed to be fold to the laid Jofetih Lane, trad by him to the faid Blake Baker, be, and are hereby veiled in :he laid Blake Baker, his he rt and aifigns, in tee iimple, to the only proper ufe and behoof of the faid Blake Baker, his heirs and aliigns, tor ever. And that the other parcel of land herein before menjioned to be purchafed by the faid John Lane, lying and being in tne county of Halifax, be, and is hereby veiled in the bid John Lane, in the fame manner as is by the laid will directed for the other lands fo limited to the laid Patience ; aud the lame (hall remain, go, and defcend, to ail and every fu< h perfon and per- jbns, and for fuch elfatc or eftates, and in fuch manner and form, as the faid land I'd limited to the faid Patience would have remained, gone, and defcended, by virtue of any limitations in the will of the faid Barnaby McKinrr-y before mentioned as if this act had never been made : laving to the kino's moll: excellent Majefty; his beirs and fuccefl'ors, and to all and every other perlon ami perfons, bodies politick and corporate, their reflective heirs and fuccefibrs, other jhan the perfons claiming under \ the will aforelaid* of the laid Barnaby Mcjiinnev, all lucl right, t.tle, itere ft, claim, and demand, as they, every, or any of them, lliould cr might claim, if this act had never been made. III. And alfo, wnereas the laid Barnarby M' 'K"mmy, by his lafl and teftament f.s aforelaid, deviled to his daughter Chriliian MP Kinney , and ihe heirs of her body lawfully begotten, and to their lie rsfar ever, three hundred and twen- ty acres of land- more oriels, being the plantation leafed to doctor Ja:ius 7 hompfon, known bv the name; of walnut fork ; and two hundred and titty ac. es, tin re or lefs ; including the plantation where James Denfon lived ; and ail the lands between the cyprels gut and ifaac Reel's line, and the 1 1 ick pond ; aid the lad Orijiian intermarried with William Hitrjt, late ot Halifax county, by whom Ihe had ilfue Mary, her only chid and heir ; and lomc time ?fter the death of the laid Barnaby M'Kimtay, the faid Gbriftian departed this life, leaving ilfue. the fiud Mary, who i> inritled 10 the aforelaid two tracts or parcels of land lo deviled to the faid l-hri/ii n het mother, and apprehending that (he the faid Mary had a fee-linple ellate therein, and in order to purchafe other lands and Haves of «rea ter value than the a- iorelaid two tracts of land, to advance her fortune and interetl, agreed to fell the lime to Blake Baker, for the cor.li- deration of five hundreu pounds : and whereas the laid Maty is teized, in fee Iimple, of and into one tract of land, containing by eftimation two hundred and feventy rive acres, lying and being in the eounty of Halifax, conveyed to. Ji'illiam Hurjt, father of the laid Mary, by Benjamin Sherrod and Patience his wife, a id by deed of gift, conveyed to the faid Mary by the laid William Hurjt, her father ; aud alfo, two hundred acres, iyin^ and being in Northampton county, purchafed of Paul Patrick and /ignis his wife, by the afort faid Williani Hurt/, and by him conveyed to the faid Alary 'ay deetl of gift : and whereas i; will h.e greatly to the advantage of the laid Mary to dock the ent il of the Jaidtwo tracjs of land lb devifed to the laid Chriflian. her; mother; and to le- tie the other parcels of land whereof the faid May is feized, in fee Iimple, being of greater value, to the fame ules : And forafmiich as not ce ^as heen pub. luhed three Sundays luccelhvely, at the churches and chapels in the p.-i-iih of Bdgecomb, in the county of Halifax, that application would be made to this prelent general aiTembly to dock the entail of the aforefaid two tracts or parcels of land lo devifed to the faid Cb r iftian t upon fettling the other lauds cf greater value to the lame ules, purlnant to ycur Majelby's inftructions : IV. May it therefore ple.a'e your mofl: excellent Majefty, at the humble fuit of the aforefnid Mary Httrfl and the faid Blake Baker, that it may be enacted, and be it enacled, by the Gvvemo* , Council, and Ajfembly, and bv the authority *j the lame, that the two tracts or parcels ot land fo deviled as aforefaid to the la;d ChrUtian, fo a* aforelaid agreed to bs fold to the laid Blake Baker, be, and are hereby veiled in the fiid Bit be Baker, h s heirs and aifigns, ia fee Iimple, to the only proper ufe an I behoof t>i the laid Blake Baker, his heirs and afligns, for ever; and that the aforefaid two hundred acres of land herein before mentioned, lying and being in Northampton county, ctinvejed to the laid Mary by deed of gift as aforefaid, be, and is hereby veiled in the fiid Mam Hurji, in the fame manner as is by t'le fa el will at. reeled for the atner la.ids lo devifed to the (aid Chri/iian in lieu and (lead of the aforefaid three hundred and twenty acres of land lb devifed as afoi elaid, and that the aforefaid ti\o hundred and fjventy five acres before ment oned, lj trig and being in the couniv of Halijax,convey.ed to the aforelaid Mary, by H'i'iion/ Hurfl; "her father; as alorelaid, be, ard is hereby veiled in the faid Mary Hurjt, in the fame manner as is by the faid wdl directed for thewher lands lo devifed to the faid Chriflian, in lieu and (lead ot the sf.ireiaid two hundred ar.d fifty acres of land lb n as may be, alter the palling this act, caufe the laid one hundred acres ot land to be laid off in lots ol half an acre each, with convenient ftreets, lanes, and allies, referving one acre arid a half of the faid land whereon the chappel and public warehouie now flands, for their refpec- tive utes ; which land lo laid off, according to the directions ot this ait, is hereby conftuuted, erected, and eftablilhed a town, and lhall be called bv the name of Kingjhn. III. And be it +urth r en, B d, by the authority aforefaid, that from and after the pafTing this act, Francis Jlt'tLewean^ Richard Co/well, Simon Bright, jun. John Shine, and David Gordoi, be, and they, and every of them, are hereby confti- tnted directors and truitees, for defigning, bulling, and carrying on the laid town; and they lhall itand feized of aa indefeafible eftare, in tee, of the fad one nundred ana titty acres of la. id, to and fur the ufes, intents, and purpoles, hereby exprefled and declared ; and they, or any ihreeot them, lhall have power and authority to meet, as often a£ they lhall thi.ik neceflary, and caufe a plan thereof to be made ; and therein to inlert a mark or number to each 'ot i and as foon as the faid town fliall be laid off as nforefaid, they, and each of them, lhall have power to take lublcripti- ons for the faid lots, of luch perlbns as are willing to lublcr be tor them : and when the faid directors have taken lub* fcriptions for fifty lots, or upward , the} lhall appoint a day, and give publ c notice to the lublcribeis of the day ap- pointed for the drawing of the laid lots which (hail be done by bailot,in a fa>r and open manner, by the direction , and in the prefence of the majcrity of the f*id directors, at leaft ; and fuch fubferiber lhall be intitled to the lot or lot?, which lhall happen to be drawm for him, ind correfpond >vith the mark o-r number contaiKtd in the plan of the faid town ; and the laid d're&ors, or a majority of hem, ill. 1 make md execute deeds for granting and conveying the laid one hundred acres of land, in hall acres, as aforelaid, to the full cribcrs, their heirs and alfigns, lor evir, uider the rules, reltricTionSand provifo'i, 'iereafier mentioned ; and alio to every other perfon who Hull purchale any lot or lo i in the faid town, at the colt and charges of i he grantee to whom the faid lot or lo:s fh.il! be conveyed ; aiiu every per» ion claiming any lot or lot ■> by virtue of any luch conveyance, lhall and may. hold and enjo-" the lame, in fee-finiple. IV. Provided nrverthelefs, that every grantee ot my lot or lo ; s in the laid town lo conveyed, (hall, witinn three years next after the dale ol the conveyance for the fame, erect, bu'lci, aid finlh, on each lot loco lvey ed, one well framed or brick houfe, fixteen feet fquare at the leaft, and nine feet pitch in the clear, with a brick or ltene chimney, or propor- tionable to luch dimerfions, if fuch grantee thai have two or more lots contiguous ; and if i>'e owner ot any lot or lots lhall fail to comply with the directions in this act prefer bed for biilding and finifliinga houis thereon ; fuch lot or lots upon which a hmife fliall nor be built and finilhed as aforelaid, Hull be tree for any other perfon or perfons to take up, in ttie fame manner, and under the like rules and reilrictions, as other lets are directed to be granted to any other per- fon or perfonsatier the fublcription lots are drawn lor : and in cale ai y perfon, owner of a f ived lot or lots in the laid town, lhall die without heir, or legally difpofing thereof, then, and in fuch cafe, fuch lot or lots fliall revert and come tp the faid William Herritage, liL h( irs and alTigns ; anv thing in this act contained to the contrary no t\\ khltanding. V. And be it further en.icled, by the authority aforefaid, that each re IpecTive fubferiber who fliall lublcri be for any lot or lots in the faid town, Hull, within one month after it lhall be afcert i ined to whom each of the faid lots doth be- long, in manner herein before mentioned, nay and fatisfy to the trealnrer of the laid town, forty five (hillings, proclama- tion money, ler each lot by him lubkribcd for : ai d in cale of the rctufal or regie*! ol ary fubferiber topay the unry of the faid treafurer, the remaining diiectois, or any three of them, by certificate under their hands and feals, fh ill nominate and appoint one other of the laid directors to be trejlurer of the laid town ; and) lo in like manner, from time to time, as often as the faid office lhall become vacant as aforelaid : and fuch trealurer ot tfeafurers lhall entei into bond, with lecurity, in the lame manner as the trealurer by this act appointed, Vii. And for coatinuing the luccelfioa oi the laid directors until the laid town lhall be incorporated ; be it further Id enacled, by the authority aforefaid, 'hat in cafe o* - tile death, refufal to aft, or removal o'lt of the county, of any of th* raid directors, the remaining directors, or the majority at them, (hail aflemlile, and.are hereby irnpc we'red from time to time, by inllruinent fn writing, under their hands and teals, ta nominate (bine oilier perfon, being a freeholder in the faid town, in the pi ice of him o dying, refuting to aft, or removing out of the com ty ; which new -director fono. minated and appointed, mail from thenceforth, have the like power and auchority, in all things in the matters herein contained, as it he had been txprelsly named and appointed in and by this act. Chap. XIV. Ai ail for eftabliflmc a tovn on the lands of John and 'William RmTell, minors, Cons of John Ruffe! decea/cd. on the W eit fde of the North- Weit branch of Cape fear river, near the mouth oj Crofs Creek, by the name «/ Campbell i on, and other purposes, I. 1 X7HEREAS the ellabiiming a town on the lands of John and William Ruffs II, minors, fons of John Ruffell, de. VV ceafed, on the viejt fide of the north-weft branch of Cape Fear river, near the mojth of Crofs-Creek, will greatly encourage honefl and able traders to relide iheiein ; by mean whereof, the trade of the counties of Anfon and Rowan, which at prefent centers in Charles-town, Souih.Carolina, to the great prejudice of this province, will be drawn down to the laid town : And whereas the erecting a town on the laid lands will be of great benefit and ad. vantage to the faid minors, in as much as the lands adjoining thereto will become of much greater value ; Therefore, II. Be it enured, by the Governor, Council, and affsmbly, and by the authority of the fame, That the honorable John Sampfon, E((\- Cornelius Harnett, Maurice Moor, Hugh Waddle, William Dry, Htdor M'Neile, Walter Cibfon, 4te'x* tinder M' Alilter, Richard Lyon, William Bariram, and John Wilcocks, Efquires, are hereby appointed commiifioners and are vetted with full power and anthori y, to lay off one hundred acres ot land, part of a tract of fix hundred and forty acres, belonging to John and Wil iam Ruffel, minors, fons lof John RUffsl, deceafed, fitnate on the Wefl fide of the North Wefl branch of Cape. Fear river, below the mouth of Crofs-Creek, for a town, by the name of Campbellton : And the laid commiifioners, or the majority ot them, are hereby directed and impowered, to lay out the laid one hundred acres of land, as foon as conveniently may be, after the palling of this act, into lots of half an acre each, with, convenient ftreets, and a fquare, for public buildings. III. And be it further enacled by the authority afore/aid, That when the commifToners, or the major part of them, have laid out the faid town'into lots and itreets as aforelaid, which lots being regularly numbered, and fubfenptions taken for fifty lots, or upwards, they lhill appoint a day for drawiug the laid lots, and give public notice thereof, at leait three months before drawing the fame, which ill ill be by ballot, in 3 fair and open manner, in their pretence ; and the fubftriber (hall be int. tied to the lot which fhall happen to be drawn for him and correfpond with the number contained in the plan of the laid town ; which lot or lots, the commiifioners before appointed, or the majority of them, are hereby impowered to grant, convey, and acknowledge,#to the perion or perfons lb drawing the fame, and his heirs and alligns, forever, in fee-fimple, upon the payment of three pounds, proclamation money, to the treafurer herein after named. IV. And be it further enacled by the authority aforefaid, That Richard Lynn, Efq ; be, and is hereby appointed treafurer and receiver of all Inch Ann and funis ot money when lhall arite by the fale of the faid lots, for the ules hereafter mentioned : And on the death, or departure out of the government ot the faid treafurer, the faid com. jnifhoners, or the major part of them, thall appoint tome otner perfon treafurer, in the place of the faid treafurer. V. Andie it further enacled by the authority aforefaid, Tnat the treafurer herein appointed, and every treafurer that (haU or may be hereafter appon led by the comnnlfioners as atorefiid, lhall give fecurity to the inferior court of the county, in the fum cf one thoufand pounds, proclamation money, that he ihall and will account with, and pay in all the monies be thall receive oy the fale of all and every the loc and lots tnat lhall be told, yearly, on the firit day of January, into the hands of the guardian or guardians of the faid minors John and William Ruffell, for the lole ufe and benefit of them the laid minors. VI. Provided always, That if any lot or iott thill be granted and conveyed by the faid commiifioners, to any perfon or perfons whatfoever, who lhall not, within three years, build a good fubftantial habitable framed houfe, not of lefs dimenfions than twenty feet of length, and fifteen feet wide, e\clulive of Iheds, or make fuch preparation for lb doing, as the coiiiaiilfioners, or the major part of them thall, on view, think reaibnoble ; fuch grant or conveyance ihall be void, and it is hereby declared void and of none effect, as if the fame had never been made : And the com- miifioners may grant ard convey fu :h lot or lots which thall not be built on within the time, an J in the manner as it herein before directed, to any other perfon or perfons applying for the lame, and paying the money for the laid lot as in this act is before directed, for the ule ol laid minors John and William Rufjelt. VII. And whereas part oi the faid one hu.idred acres of land, whereon the faid town of Campbellton is hereby in. tended to be built, is in Bladen county ; aid the inhabitants ol Cumberland county have petitioned, that fuch part thereof may be added to Cumberland, and that the court-houfe, prifon, and ltocks, be removed to, and erected in the faid town; Be it enacled, by the govern r , council, and affhmhly, and by the authority of the fame, That to much of the faid land, being in Bladen county, «.s lhall be judged necellary for eltablilhing the faid tow.i, by the commilfi. oners hercn before appointed, or the majority of them (provided the fame do not ex;eed one hundred acres ot land) is hereby annexed to, and declared lobe part of Cumberland county } any law, ulage, or cuilom, to the coutrary m any wife uoiwiththmding. 43 VIII. And be it further enacled, by the authority afore/atd, that t'ne commhTioners herein before appointed, or the majority of them, are hereby mipowerett and direfted, to run an eajt line down to the river : beginning at the dividing line between Cumberland and Bladen two hundred poles below the mouth oi Cto/s-Creek , which line being Co run, as above directed, (hall be her.celorth taken and deemed to be the dividing line betweeen the counties of Cumberland and Bladen; any law, or ufage, to the contrary notwithstanding. Tbe reft Obfokte. Chap. XV. An aft to lay a tax on the inhabitants of the feveral counties of the difirid of Halifax Superior Court, to repair the public prifon thereof, and other pwpofes. J, CX7.HF.REAS the public prilon of Halifax oiftrift, has, by experience, been found to be inefficient for the iafe VV keeping of prifoners committed to the lame j ior remedy whereof, f. II. 6 III. Laying a tax, &c. had their effeS. IV. And be it fur l her enacltd^ by the authority aforefaid, that after fuch buildings and repairs (hall be made as afore, faid, when any perfon or perfons within the dittrict of halifax fuperior court, mall be apprehended lor any criminal oifence, that on a couviftion thereof, would incur il e lot's of life or member, it fliall and maybe lawful tor the inferior court, or Juftice of the Peace, as the cjfe ma /be, before whom an examination ot fuch criminal (hall be had, if fuch. court or J jilice ihall think it neeefl'ary, to commit fuch criminal to the aforefaid gaol; and the flienff of the county wherein fuch criminal lhall be, is hereby directed and ordered to convey fuch criminal to the faid gaol, and deLver him or 'them to the lheriif, or keeper thereof ; and take a receipt for fuch priloner or prifoners from the laid fheriff, or keeper ; which lhall be his dilcharge for fuch criminal or criminals. V. And be it further enaclcd, by the authority aforefaid, that after fuch buildings and repairs fliall be made as afore- faid, the lherift' of the county ot Halifax, for the time being, is hereby required and diredlcd, when any criminal ihall be committed to the faid gaol, to employ iome perfon of integrity to be keeper thereof ; who ihall conftantly reticle in the laid gaoler's houfe during the nine lucl for eftablifbing a town on the lands of Jonathan Phelps, in Perquimans county*, among other things, it is provided, mat the grantee of every lot in the faid town fliall, within three years after the obtaining a conveyance lor the lame, ereft and finilh thereon a houfe, of the dimensions therein Ipeciried ; and on failure thereof, every lot -whereon fuch houfe lhall not be fo erefted, fliall be re- veiled in the dire ftors of the laid town by the faid aft appoint- ed ; and wnereas the time limited by the faid ad has been iound too Ihort to complete the buildmgs on the faid lots, whereby many perlons arc now likely to forfeit the fame : II. Be it theief ore enaclcd, by the governor, council, andaffembly, and by the authority of tfefrtne, Tlat every lot in the laid town on which a houfe fliall be erected and built, of the dimei-iions mentioned in the laid aft, within the fpace of rive >e:rs, next after the palling of this act : and alio, every lot therein, which 11k.11 hereafter be fold or conveyed, on which luch houfe lhall be erectid within the (pace offiVe years atter the date ot the convince made for the fame, fliall be, and is hereby declared to have veiled in the grantee thereof, in fee-Gmple ; any thing to the contrary in tne laid recited aft, notwithstanding. III. And whereas fullering wooden chimnies to be built in the faid town mry occafion accidents by fire, he it fur. ther enaclel.h the authority aforefaid, that no perion whatfoev er fliall hereafur ereft any wooden chimney in tie laid town ; and every perfon who ha h already built any fuch wooden chimney therein, fliall pull down the fame within the term of live >ears next atter the palling of this aft ; and if any perfon or perfens lhall prtfume to aft contrary hereto, in erecting any wooden chimney in the faid town, or in failing to pull dow n or rem. ve , witliin the time afore- n.enti. oned, any Juch wooden chimney by him already ercfted therein, the d'recttrs mentioned in the belcre recited aft, of any two ot them, are hereby anthorifed, impowered , and required,to pull down ar.d defiroy every luch chin icy, and Itrall not be liable to an action or damage for !u doing ; ard il the duxftcrs. or any 01 them, fliall be iucei for the lame, they may plead the general ifluc, and g:ve t his ac« c in lei idence. IV- Anabejtfuith.r ttiatitd, by the *u thon.ty cjoreftid, 'i h.t the faid r'heclcrs, cr ary thee cf tl tir, 11 all and may, and are Hereby atithirifed and impowered, to make ard execute deeds icr gram rg aid coi uyii g to eteiy per ton and perlons, wdo already iiav e purchased, or hereafter fliall r.utchale, ary lot or lets in the fa : d town i and e yery perion claiming any fuch lot or lotsb y virtue of any rath tw.1 C) ai.tc, ihall, «.d 15 l.tiely declared to tavt ~ Wdeleafible eflate, m fee-Ample, u» the lame. *p. 33. ' > > / a» AL, V George III. The 30th of January, 1764. CHAP. XII. An aft for laying a tax on the inhabitants ofth* reve>-i[ counties of the diflrift of Salilbury fuperior court t to rctfuir the fublk gaol thereof. J, TT 7HEKEAS the public gaol of Salifbury diitricl has, by experience, been found infumVient for the lafe-kecping VV oflelonsand others committed to the lame : for remedy thereof, $. II. it III. Relating to laying a tax, 6c. had their effeft. •IV. And be it furtuer enacled, bv the authority of, re/aid, that after fuch buildings and repairs fhall be made as afore- Taid, when any perfon or perfon; within the diftner of Salifbury fuperior court, lhi!l be apprehended tor any criminal offence, that oil convicti >ii thereof would incur the bfsot lite or member, it fhall and mav be lawful for the inferior court, or Juitice of the peace, as the cale may be, before whom an examination ot inch criminal thall be had, if fuch court or J t.tiC2 Ihill think it necertary, to commit fuch criminal to the aforefaid gaol ; and the Ihcriff c f tne county ■wherein luch criminal (hall be, is hereby directed and ordered to convey luch criminal to the faid gaol, an I deliver him or them, to the flientf or keeper .hereof, and take a receipt tor fuch pnfoner or pr.foners from the ia d ffierifif or ketper, which ihall be his difcharge tor fuch criminal or criminals. V. And be it further en.iEl-d, by the authority aforefaid t that after fuch buildings and repairs fhall be made as afore*- faid, the inerift of the county of Rowan lor the time being, is hereby required and directed, when any criminilisfliall be committed to the laid aaol, to employ tome perfon of integrity to be keeper thereof, who fhall ronitantly refide in tne faid gaoler's houfe during the time i'uch criminal Hull be in gaol, and mall alio take all lawful means, for pre* venting lucu criminal from eleaping. i_ Chap. XVI. An aft for afcertainbg a proper place for building thereat a caurthoufe, clerk's office, prifon, and flocks, f of the county of Kdgcon-.b. J. VT 7 HEREAS Redman's old field on Tyoncoca, the place heretofore appointed fw building thsi eat a :ourt houfe, VV prilon and offices, and for holding thereat the court for the- faiu county, is lound to be inconvenient ar.tt Very improper for that pnrpofe ; and the Jtiftices of their feflions for thai county having cei 'lfit d t.le lame to this Af- fembly, and recommended the lown ot 7 arbor (.ugh as the tnoft proper pl-rd, July, Oftober, and Ji.*uarv>year\y, until the court-houfe lor the faid county be built : and all caules, pleas, writs, actions, fuiis, plaints, pro.efs, precepts, recognizances, indictments, prelentments,and other matters and things in tlo kid court of Edgcomb depending, immediately alter palling ol "this ait . fliall Itand adjourned and continued, anu are Jiereby adjourned and continued, from the court houfe at Redman's old field, on Tyoncoca afeielaid, to the court to be held for the faid county in the town of Tarborough % as in this act is above directed ; and ail appearances and return* c>\ procefs lhall be made to the inferior court of p'eas to be held for the laid county at the town aforefaid ; and all luitors and witnefies lhail be bound to appear thereat, in the fame manner, and under the fame penalties, as it the laid tourt had been continued at she laid Redmui's oldfiekl. VI. And be it further eiafted y by the authority afortfaid, that fo much of one act of AflVmbly parted at Edenton, inti» tilled, an aft for dividing KilgLonib county* , as comes wi:hin the purview of tois act, lhali be henceforth repealed. , f V George tit The 25 th of O&ober, 1764. C h ap. X. An aft for enlarging the time for favlng lots in the town of Halifax, and other purfofes. 1. TT 7HEIIEAS from many unavoidable hinderances, it hath been impract. cable for the proprietors of lots in thf( V V town of Halifax to complete the buildings on the faid lots agreable to law : II. Be it therefore enacled by the Governor, Council, and ^Jfembly, and by the authority ot the fame, that every lot i« the faid town on which a houfe ffiall be ejected and built, of the duusi.licns. mentioaed m one act ot AJieiably, intitifc. ."JV. C. L. 1 74 1, 7; _>. ju v . . IS led, an a&forefiailifhtrtg a toiuh on the land of James Leilie, on Roanoke river ; or one otTier aft, intituled, an ail /•»* enlarging the ii ne for (hiving hits in ibn iovi/t ^"Halifax, preventing the building cf -wooden ch'tmnies therein, end other i ur- po/es* ; within the IpaCe of three years next after the palling of th s aft : and alfo every lot therein which fhall here* .atter be fold or conveved, on which fuch houfe (hall be erected within thd'fpa'ce of three years after the date of tha corive] ance ex.ec.red tor the fame, fha.lt, and is hereby declan d to be velted in the grantee thereof, and his heirs and alliens, in le? limple ; any thing contained to the cc.ntr.ir/ in the (aid recited acts, notwithstanding. 11 J. /Ir.d b - rt her enaSed, bv the authority afore/aid, tn.it when any lot in the faid town {hall hereafter Inple by reafonof i i ot being built on. the directors and iruitees of the faid town, or the majority of them, (lull and may, and are hereby directed and required, to fell Imb lot at public vendue, for the belt price that can be got, and to crive the purcha'ersa deed of bar.' am and fale tor the lot by him lo pur chafed. IV. And be it further enaSied, b" the authority cforefaid, That the directors and truftees of the faid town, fhall and may, and jre hereby directed and requhea, to a.ake lale of all other lots in the laid town not already difpofed of lor the belt price that cm be got ; and tj give the purchafer of every fuch lot a deed of bargain and fale for the fame. V. And be it further enaihd by the authority aforefaid, That the fee fimple eftate of every lot in the laid town heretofore lUd and conveyed in purfuance of eitiier of the afore-recited afts, or that (hall hereafter be fold or conveyed by virtue of this prefent aft of aflembly, that hath been, or fhall be built on within the time or times limited bv the. faid afts, or this prefent aft, fhall be, and is hereby vefted in tlie purckaler olluch lot,, his heirs and affigns, agaihtfc every perfon claiming, or to claim any rghtor in ereft therein. VI. And be it further en.iclcd by the authority aforefaid, That ail monies which the faid directors and truftees fhall from rime to time-, receive, for any lot or tois by them to be lold or difpofed of, fhall by them be applied to the com« mon ufe and benefit of the laid town. VII. And be it further ensiled, by the authority afore faid, that it (hall not be lawful for any perfon whatfrever toereft any wooden chimney in the faid town ; and every perfon who hath already built any fuch chimney therein (hall pull down tne fame within '.he fpace of fix months after the palling of this aft : and if any perfen (hall prefume to aft con. trary hereto, in erecting any wooden chimney in the fa'd town, or in failing to pull down any iuch already erected it fhall and may be lawful for the faid dii eftors and truftees, or the majority of them, by their order, to direft the die. rilf of the county of Halifax to pull down and dehroy every fuch a imney ; which order the (aid fheriff is hereby di- rected and req uireJ to obey, and lhall be paid for every luch fervice the fum of twenty (hillings, proclamation money by the pany offending : and in cafe he (hall fail or negieft to pay the fame, it fhall be levied on his goods and chattels-' by a warrant of dtftrefs from the directors and 'rultees of the f-iid town, or the majority of them. VIII. And where .s fome of khe directors and truftees of the laid town are desd, and others of them removed out of the country ; be it therefore emitted, by the authority aforefaid, that fi cm and a 1 it r the palling cf this aft, the honour- able Alexander M'Cidloch, El q ; Robert Jones, jan, Blake Baker, Joftph Mont] or t, Join Eelbank, %mis Toukp and John fhomfon, gentlemen, flu 1 ! be, and they are hereby appointed directors f.nd trufiee:- of ihe faid town, in the" place wad (lead ot thoie appointed by, or elrfte A in \;r,ue of the afore-recited afts j ar.d fhall and n ay ufe and excrcife the fame powers and authorities a*, the directors or truftees ot the laid town, apj bin ted by ihe fiift recited act ccnld or ni ght have exercifed a<'o enjoyed by vinue of the fame : and in cafe of thedeaih, refulal to act, or removal out of the country, oi any of the faul directors the lurviving or other directors fhall, and they are hereby required ar.d iin. powered, to choole another director, crotner directors, in the room of Inch f'o dying, refilling to act, cr removing oni; of the country ; and fuch director or directors fhall have the fame power and authority, as if exprefsly named and ap. pointed in and by this ad. * p. 30 a 36. Chap. XI. An ccl to encourage and impower William Dry to make a public road through the great ifland oppofite lo th'c boi ougk of Wilmington. !• \X 7HER.EAS a road through the oreit ifland oppoiite to tie borough of Wilmington will be very beneficial !o tra. V V vellers going ro and from South Carolina, and to others going to the town ef Brunfoitck, and up the north-zveft river of Cape F-ar, and the laid IVilliatn ,')rv, be'ngdcfi vu- to make and fini(h the fame : II. Be it enabled, bv the Cover tor; Council, an 1 jfemby, and by the authority of the fame, that the faid William Dry Hull, within fix, mnnhs after die palling ot t 1 1 . aft, (take and lay oft, or caufe to be ftaked and laid off. a road- through; the faid ifl md, beginning a; his 'and on the f id ifland oppofite to market flreet in the.faid borough, ai'd running welt- er'v the neareit and molt conveniens w ay a.crols> :o the north* uefl i\ /er. IK. Andbe it further, ena&ed, by thi upt hoi ity aforefaid, that the fai d William Drv, h's he'rs, exec -tors or adraim* ftrators, fhall, withhi three years tro-n the p..ffing of this aft make and finifh a good frfficient read throug'h the (aid ifland, fixteen feet w de, and < tie foot above high water mark at fpring tides, the ditches to be clear tro-nend to end' and tne iniide of the ditches nor to be !els ban ?j JVr/'s making and finifhing the road as afcrefaid, the ferries to be kept on both tides of the notth-wttt river whkii the iaid road lcds to, as alio the ferry to be kept on both fides the north-cajt river oppoiite to market Jlreet in the borough of Wilmington, and all pertjuifiics and profiis arifing there from, are hereby veiled in the fail William Ury, his heirs and alligns, lorever ; and the faid William Dry, his heirs and al. figns , mall and may hereafter receive for tranlporting paifengers, their horles and effects, over each of the faid fer- ries, the following rates, toivit, for every loot palfenger, four pence ; for every fingle man and horfc, eight pence ; and when more than one man and horfe, fur each man and horfe, four pence ; for every two whf el carriage and its paifengers, drawn by one or two horles, one ihilling and four pence ; for every four wheel carriage and its paifengers, drawn by two or four horles, two (hillings and eight pence , for every horfe in the two wheel carriage more that two, in the four wheel carriage more than four, four pence each. V. And as a further encouragement to the laid William Dry, to cur, make, finifh, and keep the faid road and bridges in conljant repair ; be it enacled, by the authority afore/aid, that ic (hail and may be lawful for the faid William Dry, n;s heirs and alligns, to be exempt from workiug twenty negroe men on any other public roads in this province, for anddunng the fpace or term of five years, from and after the pafling of this aft, and no longer. VI. And be it further enacted, by the authority aforcfaid, that as loon as the faid road is well and compleatly finifh- ed, and bridges built as aiorefaid, the faid William Dry, his heirs or alligns, ihall, from time to time, for ever thereaf- ter, at his or their own expence, keep the faid road and bridges in fufficient and con flam repair ; and in cafe the faid William Dry, his heirs, executois, ad ninittrators, or alligns, ihall fail or neglect fo to do, he or they fball be liable to the fame pains and penalties for fuch failure or neglect, as the overfeers of any public road are liable to by virtue of' any ad or acts of AlTembly of this province. VII. And be it further enacled, that if any perfon or perfons Ihall, for fee or reward, contrary to the intent and rneaning of this act, tranfport or carry any pe ion or perlons, their horles, carriages, or effects, over either of the branches of Cape Fear river, in order to his or their patting through or over the laid lfland, fuch perfon or perfon3 fo offending Ihall, for every offence, forfeit and pay the fum of twenty [hillings ; to be recovered by a warrant from any Jufl.ce of the Peace ; one half to be paid to the informer, and the other naif to the faid William Dry, his heirs or alligns. VIII. And be it further mailed, by the authority afore/aid, tbat it (hall and may be Jawful for the faid William Dry to make life of any timber on either lideof the faid road that may be necctfary for making and finilhing the fame. IX. And be it further enacled by the authority afore/aid, that the laid William Dry his hens, executors, adminiffrators", or alligns, mall, as Icon as the laid road is finilhed, piovide good and fumiient boats, and other proper craft, for the tranlporting of all travellers and their effects, and for ever hereafter ihall keep the fame in Sufficient and conftant re- pair, and well and properly attended, under the penalty of twenty pounds, proclamation money, for every neglecf ; one half to the perlon filing for the lame, and the othe,r half to be applied for and towards leffening the couniy tax j to be recovered in any court of record within the counties of Brunfwick or Arner lot at the eroding or interfeclion of each miin flreet in the laid town -, an4 as it can be of no public ufe or benefit whatfoever, to have that qaanity of ground taken as aforefaid fr&m each ccr- ncrlot ; IX. Belt enap'd, by the Governor, Council, and Affembly, and by the authority of the fame, that the directors and/ truitees ol t!.e laid town, or the majority of them, Are hereby aotiiorifed, impowered, and required, on or before th# fourteenth day of January next a'ter the palling this act, to lell, io the highelt bidder, nor exceeding ten pounds, pro., clamation money, each and every one oi the faid pieces of ground of the dimenfions of two fquare poles, which accor- ding to the plm of the laid tovvn, were taken from the front corner oi each corner lot (tc;a days previous notice being given of fuch fale) and the faid directors and truflees, or a majority of them, are hereby author, led and required, to Biake and execute one or more d;ed or deeds, for granting aid confirm!] g ihe fime to fuch purchafer tr purchafers, his or their he.rs andaflijjns for ever, at the cutt and charges of the grantee or grantees to whom the lame iivill be conveyed. X. Provided always, th it in (he fale of the two Iquare pole? of ground adjoining the lot number twenty fix, ths. preference fliall be and is hereby allowed 10 Mr. William V«»/», in cate he will give as much as any other bidder, net exceeding ten poinds, proclamation money ; the fane privilege is granted to Mr. James Young, in the iale of the fquare adjoining the lot number twenty-five ; and alio the like privilege is granted to Mr. Edmund Fanning, in the lale o! the fquare a djoining me lot number fix in the plan of the laid towa. XI. Provided, that it fhajl not be lawful lor the laid directors and in flees of the f.iid town to fell or difpofe of" the front corner, or any part of the lots relerveJ to the aforefaid William CLurton, or to the ufe of the publk, b> this or the before recited acl, or the corner of any lot hereafter ta be taken up in laid town ,• but that the .wo fquare poles of ground be deemed part of the fain lot to wlmh it joins. XII. And whereas theallowing or hogs and geefe to run at large in the faid town, is found to be a great nu'ance to the inhabitants ; be it c>iaSIid J by ihe authority aforefaid, that none cf the inhabitants of the laid town fliall, on any pre. tence whatlcever, Suffer ai>y of their hogs or geefe to run or be at large within th: bounds of the faid town ; and any hog or hogs, gooli or geefe, running at large in the faid town, lhall be forfeited to any perfon wiio lhall itize or kill the lame. XIII. And be it further enacleU, by the autlnrily aforefaid* that from and after the ratification of this act, it fliall and maybe lawful tor the Jultx-. s of the county of Orange, y?sa\y, to appoint loine proper perfon. inhabitant of the faid town, oxerfeer of the lame ; which overfeer fo appointed ih.'l, as onen as there lhall be occafion, luminous the male taxablct,, inhabitants 1 1 tl.e faid town, toclear and repair the ltreets the reof, and. remove ai y •uiai.ie cr unfancfis within the fane; aid it any luch male taxable (except fich as are exempted by lav 1n :n working on pubic ro >ds) flia.il fail or ref ufe to appear on fuch (amnions, and work in the laid town, ai (tich times and places as the-over leer fhail direct (two days notice being given belore the day appointed for working] u h perfon lo neglecting or refilling, or the mailer or nultrels ot fuch pcrlon lhall forfeit and pay the I mi ol two llnllijvos a. d eight peine, proclamation money, for every day he fhall lo neglect tr reful'e ; ro be recovered by a v . rr mi from anv Juilice of the f'eacc of the laid county, and applied to the Uie ot employing ptrlons to vvxnk and keep the fl.iv.eis ot the laic tuvui clear and in good grdtr. 49 XIV. And bi it further enaeled, by the zul'inty aforefaid, that the inhabitants of Mill/borough fliall bs, and are lor the future exempted from wonting on any of the pu tic roads v. ithin this province. XV. And be It further cnaclcd, iy the authority afore/aid^ thet tne llui-it" ot the crunty of Orange, the clerk of the court of the laid county, the rcg ftei of the fatd coiinty, and th-lr lucceflbrs, fliall, daring their continuance in office, hold and keep their refpeftive offic 6 in the aid town oi HiEfborough ; -no that ii any ot the faicj officers lb all neglect or refufe fo to do, each of tliem io neglecting or refilling lha;l, for every nioir.h he fhal! fo fail, forfeit and pay the futn of twenty (hillings, proclamation r.ioney, to he recovered before any jurifth(ftion having cognisance thereof ; one half to the informer, and the other n^if to the directors of the /dd icwn ; to be applied to the ule and benefit of the laid town. XVI. And be it furthr enacled, by the authority aforefaid, that the diredtrs and truftces for the time being, or a majority of them, lhall, and are htreby impowered. to pal's any order they may judge proper, for preventing nortar, clay, or wooden cKimnfes, being built, and pulling dow i fucii are already built (it thought to be a nufance) for making the people keep their chimnies clean, and raiting them to a proper lie gilt, lor obliging all perfors to clean the llreets before their boufes, and for all other things tor the good and fjiety ol tile la d town, and the proper regulation of it, confidently with the laws of this province i ai;d to enforce fuch orders, by laying a fine, not exceeding forty fhiliings, proclamation mone", on all perfons neglecting or nfulin^ to comply therewith. XVII. AnX be it further enacted, by the authority aforefuid t tha,. the d:rr ctors ard truftees of the faid town, or a ma- jority of them, lhall, as often ar they lhall think proper, appoint a town clerk, and Lhall keep a town bock; in which lhall be entered the time of taking the entries of lots, and the orders they may make,, the account of the monies they have received, or hereafter m .y rec i'e, the manner of applying fuch money, and the funis remaining in hand, under, the penalty ot fifty punds, pror I ami' ion money ; to be recovered by any per.'on who lhall or may lue for the lame, in any court in tms prov nee iuvmg jurifdiftion thereof ; one half to theprolecuior, the other half to the ule of the faid town. XV I II. Andb it further enacl.d. bv the authority aforefaid, that all the monies aiifingby the fale of any ground, or taking up of an> ioi in 'he laid to\. n, or any other wi\ , by virtue of this or the before recited ad, be appropriated, laid on, and app. Cj! ;o fich ule >>r utes as the laid directors, or a majority of them, fliall think convenient, for the- bet c.f, encouragement of tne Hjid town. A X. And be it further enacled, by the authority aforefaid, that the fixth and feventh leftions, and fo much of the fecon J and third lections, of the before recited act, as is repugnant to this aft, be, „nd is hereby repealed, and made nuii and void.. Chap. XIX. An arl fir eJfabRJlnng a fchool houfe Hi the town ofKe^hern. I. TT 7HER EAS a number of well difpoled perf -.!:, taking mtj coutiderat ion the gre >c neceliity of having a pro.. V V perfchool or public feminajv jf learning eth bliibed, whereby theriGng generation may be brought up and, inftructed in the principles of the chriitian religion, anf hired tor the f. . erJ < likes and purpolH of lile, have, at a great expence, ereftcd and bui't, in. the town of Newbcm, a ar.v ei.iem hoti.e kr thr p-nrpofes ai< rclaid ; and being deiiruus that t!ie fane may be ciUbhlhed by law an a permanent footing, fo as to anjfw cr the good purpoies by the Qnd perfons intended : \ II. o III. Obfok-te. 1 V. Ar.ibe it further, enabled, by the authority a fore f id, thst one lot of land in the town of yewbern, lately purcha- fed tro:n William B.iftin IVhirfon", by the proprietors of tie afore frid Iciiool houie, and whereon they have erected tiie lame, be fron henceforch veited in the trullces by this aft incorporated, and their fucceffors, for ever, in trull, a id confidence, to and for the ules and.purpofes by the laid locjety intended. $ V. VI. cir VII, Obfoltte. VUI. And be it further. en;ic7ed t by the authority aforcfa'.d, that an aft of atTenibly paff.d at Wilmiagtan, in cr.e thru- fcnd le/en hundred aod.fixty fovu'-j intituled, An ail for building a houfe for afeboot, and the, rejidtnee of a fchoolmujler, in the town of Ne«vber.j, be, and is hereby lepealed ; and ihe piece or parcel o ground mentioned in the laid aft, being half of two lots k loiva in the plan of the find town bv the numbers fifty nine and fixty, beginning at the cot- tier of Craven and Po!!ok-i\reets, and running along PoZ/sifc-ftrcet fix and a half pole ;.then acrolo laid two lots fifty nine and fixty, m-a prarallel line withjO aven-ltreet, thirteen poles to the north lide of lot number fixty ; then along t|ie faid Jjt fix and a half poles, to Craven iirtex ; then along Graven ltreet, thirteen pries, to the bf ginning : alio, two lots of land in thi faid town of Ne-jobern, adjoining the lad fchool houfe, known in the plan ot the faid town by the nu.ubers t'.ree hundred and thirteen and three hundred and twenty liven, which are hereby veiled in the truf. tees bv this aft to be appointed, and to their fucceil'ors, forever, in trufi and confidence, to and for the ufs of the laid fchool. The rejl Obfoiete.. - i i — i . — ii. ■ , , . „ , — Chap. XXII./^j ail to amend an scr, intituled 'an aft for ellaMifliing the titles of the freeholders in Edenton^ox laving a ra»* for finilhing the church begun in.the fiiJ to.vn,and for the tu.-ther improvement and better regulation thereof, p'. 16, J» VX7HErtEAS tince the paffi ig o- the above mentioned act fotne of the commiffioners hereby appointed and n o. %f\ rainated have removed iheuifejves, and ythers are dead ; by wh.cli means it becomes neceflary that other* 5° fhould be appointed, in order that a fucceflion of them maybe continued, to anrwerfhe purpofes of the afore mention, ed act : II. Be it therefore enacled, by the Governor, Council, and Affembly ', and by the authority of the fame, that from and after the palling of this aft, Jofeph Blount, William Lovither, Samuel Johnflon, Jofeph Hewes, and George Blair, gentlemen, and every of them, be, and are hereby conftituted and appointed commifiioners for the town of Edenton aforefaid, who ihall have, exerrife, and enjoy, the fame powers, rights and privileges, as the commiffioners by the before recited ad, did or might have exerciled and enjoyed ; and that in cafe of the death or removal of the treafurer, or any of the commifiioners out of the county of Chowan, the eldeft ccmmillioners Ihall f ucceed to the laid office of treafurer, and other commiflioner or comrmllioners fhall be cholen, in manner as by the laid act is directed. III. And be it further enacled, by the authority afoiefald, that every grantee of a lot or lots heretofore granted, fhall, within four months after the palling of this acl, clear and grub up Inch lot or lots, under the penalty of tea lbilluigs for each and every lot which by that time fhall not be cleared or grubbed up ; and that the grantee of every lot here- after to be granted fliall alio, within four months trom the date of his deed, alio clear and grub up his'lot or lots, under the penalties aforefaid • to be recovered and applied in Inch manner as penalties by the al ore- mentioned act are reco- verable and applied. IV. And whereas the fuffering of hogs and geefe to run at large in the faid town is found to be injurious to the properties of the inhabitants theieof, be it therefore enabled, by the authority aforefaid, that none of the inhabitants of the faid town, fhall, within two months after the palling of this ad, fuffer any of their hogs or geefe to run at !a~ge within the bounds of the faid town ; and any hog or hogs, goole or geefe, running at large, fhall be forfeited to tre commifiioners ; and the lame, by an order from one of them, under his hand, direded to the conltable, be by him lold to the highelt bidder, for the benefit of the faid town. V. And for the prevention of fire in the laid town, be it enacled, by the authority aforefaid, that every l.oufekeeper fhall fweep, or caitfe to be l'wept, the chimnies of his dwelling-houfe, ftore and kitchen, at lead once in every month, between the months of Cclober and April, under the penalty of twenty ihillings for every chimney fo unfwept within the time aforefaid ; to be recovered by a warrant from under the hand of any one or the roinmiflipners, and applied for the benefit of the faid town : and in cafe the chimney of any dwelling-houfe, ftore, or kitchen, Ihall catch on fire through neglect in manner before directed, in the faid town, the pofletfbr of fuch houfe, (tore, or kitchen, fhall pay to the commifiioners of the faid town the funu of five pounds ; :o be recovered and applied in manner as before direded, VI. And whereas it frequently happens thst mafters of veflels, not belonging to the province, bring their veflels to the public wharfs already erected in the faid town, and there vend and retail their cargoes, and have the benefit of the laid wharfs ; be it therefore enaclid, bv the authority aforefaid, that every malter of a vefle) not belonging to the province, or diredly from Great Britain, (hall, for each and every day he fhall lie with his faid vcfTel at any one of the laid wharfs, pay to the comniillioners of the faid town the fum of two fliillings per day ; and in failure of payment thereof, the fame fhall and may be levied upon the body, 01 goods and chattels, of the delinquent, by a warrant from under the hand of any one commiflioner, directed to a conitable ; and the money be applied as before directed. VII. And be it further enacled, by the authority aforefaid, that within two months after the palling of this ad, any occupier of any lot or lots whereon now is, or fhall be builr, any habitab'e houle, fliall have a ladder, of a proportion- able length to the height of his houfe ; which faid ladder Ih.dl be conftanttv kept up againft his houle, that in cale of fi~e, relief may be immediately afforded, under the penalty of twenty fhillings ; to be recovered and applied as aforc- laid. Chap. XXVIII. An atl to encourage Benjamin Heron, Ffq ; to build a bridge over the north eaft branch of Cape Fear river, at or near the place where the ferry is now kept by Edward Davis. I. ^T7HEKEAS a bridge over the north-eaft branch of Cape Fear river, at or near the place where the ferry is V V now kept by Edward Davis, would be much for the conveniency cf all travellers ; and as the land on both fides the river belongs to Benjamin Heron, Efq ; the faid Benjamin Heron is defirous of building a bridge there at his own expence, on condition that the benefit thereof be veiled in him, his heir? and adigns, for ever : II. Be it therefore enacled, by the Governor, Council, ar.d Affembly, and by the authority of the fame, that it fhall and may be lawful for the faid Benjamin Heron, his heirs, executors, ad'minilfrators, or alligns, to erect and build a good, ftrong, and fubftantial bridge, overthe north-eaft branch of ' Ci.pe-Eear river, as near as he conveniently can to the place where the ferry is now kept by Edward Davis ; which bridge fliall have cue wide arch of thirty feet for rafts and pettiauguas to pafs through, and fix feet high above high water mark, and be made to draw up occalionally, for the navigation of veflels of larger burthen ; «'nd after building and ereding the faid bridge as aforefaid, it Ihall and .may be lawful for the faid Benjamin Heron, his heirs, executors, adminillrators, or alfigns, to keep a lufficient gate thereon, ar.d take and receive from all perlons that fliall pafs over the lame at the following rates, that is to fay ; for e- very man and hoi fe, fix pence ; tor every four wheel carriage, drawn by tv o horfes cr oxen, two fliillings ; and for every two wheel carriage, drawn by one or two horfes or oxen, one (hiding ; and lor every horfe or ox more, four pence each ; and for every head of neat cattle, three half pence ; and for every twenty hogs or fheep, eighteen yence, and jo in proportion for a greater or leli'er number of hogs cr fheep ; and for all travellers on foot, four pence each. 5 l '• III. And be it further cnacled, by the authority aforefcid, that after the faid bridge is fo built and completely erect- ed as aforefaid (provided it Hull be compleated within tour years after tiie palling this actj it fliall not be law lul for a- ny perfon whatlbever to keep any ferry, build any bridge, or let any perfon or per Ions, carriage or carriages, cat- lis, hogs, or fheep, over the faid river, for fee or rev^rd^ within lis miles of the Fame, ur.der the penalty of twenty Ihillings, proclamation money, for each and every offence ; to tie recovered by a warrant by the (aid Benjamin Heron, his heirs, executors, adminiitrators, or alligns, before any magistrate of the county ot Ne:v Hanover ; to be applied to the ul'e of the proprietor of the faid bridge, at the tune of the offence being committed. IV- And be it Ha'tber enaiied, by the authority aforefaid, that when the laid bridge lhall be built and erected as a. forelaid, the faid Benjamin Heron, his heirs, executors, adminiitrators, or alligns, iha',1 for ever thereafter keep the fame in good order, and fit fur palling over ; and in cafe of any neglect, fhall be fubject to the fame pains and penalties as other keepers of public bridges and ferries are liable to by the laws of this province. Chap- XXIX. Ant.il for confirming a ieafemade by the Tuftarora Indians to P.cbert Jones, jun. William Williams, and Thomas Pugh, Ef quires. I. V T7HEREA5 a number of the Tufcarora Indians, being defiruus of removing themfelves from their landson/?orf- VV noke river, in Bertie county, in this province, and fettling and incorporating thcmfelVes with the nations of Indians on the river Sufqueh.\nnah ■ and whereas the faid Tufcarcra Indians, in order to defray the expence of remo- ving themfelves and their effects from this province to the fettlements on the faittriver Su/quehannah, did, on the twelfth day of July, in the year one thouland leven hundred and fixty fix, for the conlideration of fifteen hundred pounds, proclamation money, before that time paid and advanced to them the faid Tufcarora Indians, by the faid Robert Jones, Witiiurri WAliams, and ThomasPugh,by an indenture under the hands and feals of James Aden John Wiggins, Billy George, Snip Nofe George, Billy Cain, Char'es Cornelius, Thomas Blount, John Rogers, George Blount, IVineoak Charles, Billy Baj kct, Billy Owen, Lewis Tujf dick, I faac M'yler, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Sockey, Eihy Cornelius, John Seneca, Thomas Bajket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Bil- ly JSietop, Billy Blount, Tom Jack, John Lightwood, Lilly Roberts, James Mitchell, Captain Joe, and William Pigh, chief- tains and headmen of the fgkl nation of Tufcarora Ind-ans, for and on behalt of ihemielves and the reft ot the Indians of the faid Tiifcarora nation, on the one pax.', and the faid Robert Jones, William Williams, and Thomas Pugh, of the o- ther part, did demifc grant, and to farm let, a certain dividend ot land,lituate and lying on Roanoke river, in the county aforefaid, containing about eight thou.fand acres, be the fame more or lel c , and bounded as follows, to wit, beginning at the mouth of Deep creek, other wife called Fadiig run ; thence running up the faid creek to the Indian head line ; thence by the faid line, louth fifty feven degrees ealt, one thouland two hundred and eighty poles ; thence a conrfs parallel with the general current of thefdd'cieck to Roanoke river aforefaid, aid op ihe river to the beginning ; together 'with all trees, timber trees, v. oeds, underwoods, v ays, waters, and appurtenances whatsoever to the laid dividend, tract or parcel of land, belonging, or in any- wile appertaining : To have and '1 o hold the faid dividend, tract or parcel of land, with all anJ frag ilnr the appurtenances, unto the faid Robert Jones, William Williams, and Thomas Hugh, their executors, administrators, or affigns, without impeachment of walte, to be by the laid Robert Jones, William Williams, and Thomas Pugh, relpectively, their executors, adminiitrators, or aliign?, without impeachment o£ walte, to be by the faid Robert Jones, William Williams, and Thomas Pugh, relpectively, their executors, adminiitrators, and alfigns, held and enjoyed in feveralty ; that is to fay, one third part of the faid dividend, tract or parcel of land, into three equal parts xo be divided, unto the laid Robert Jones, his exeiucors, adminiflrators, and affigns; one other third part thereof, the fame into three equal parts to be divided, unto the laid William Williams, his executors, ad- miniflrators and alligns ; and the remaining third part thereof, the lame into three equal parts to be divided, unto the {fldThomas Pugh, his executors, adminiitrators, and alligns ; from the faid twelfth day of July, in the year afore- faid, for and during the term of one hundred and fifty years, from thence next enfuing, and fully to be compleated aha ended 1 , the' iajd Robert Jones'. IViliiam William's, andThomts Pugh, their executors, adminiitrators, and alligns, yielding and paying therefore yearly, and every year, during tne faid term, to the f.iid Tufcarora Indians, and theic alligns, one pepper corn, if demanded, at or upon the feaft of St. Michael the archangel. II. And whereas the faid nation otTufcarora Indians are defirous that the indenture of leafe made between the faid James Allen, John Wiggins, Billy George, Snip Nofe George, Billy C.tin, Charles Cornelius, Thomas Blount, John Ro- gers, Geo: ge Blount, ll'ineoak , Charles, Billy Bajket. Billy Owen, Lewis Tujfdick, [faac Miller, Harry, Samuel Bridg- ers, Thomas Stride a, Thomas Howit, Billy Sockey, Billy Cornelius, John Seneca, Thomas Bajkit, John Cain, Billy Den- nis. WilliamTaytor, Owens, John Walker \ Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, Juries Mitchell, Captain Joe, 3nd IViliiam Pugh, Chieftains and headmen of the laid nan in or Tufcarora In- ■ dians, and the faid Robert J'.nes, William IVilliams, and Thomas Prgh, mould have [he force and validity of an act of AlTembly ; and tfaatit 'fliall be lawful for the laid Robert Jones, William Williams, and Thomas Pugh, their executors, adminiflrators, and alligns, to enter upon, occupy, piiTefs, and enjoy the laid dividend, tract or parcel ot land, de- mited as aforefaid. without the let, hindrance, or moleltation of any perlon or per tons whailoever, and without in- curring any penalties whatsoever, by reafon of their fo entering upon, occupying, pollening and enjoying the faid '\.fr act ,nr parcel of land, and without impeachment of waff e. ill. And whereas tije faid Robert J mc:, iince the faid twelfth day of July, in. the year aforefaid, hath departed- $2 tnis life, having firfc made hislaft will and teftamenr, and therein and thereby bequeathed his proportion and mare of (aid tract or parcel of laud, demifed as aforelaid, u-mo hla Ibiis Allen Jones znd Willie Jones, th;ir ex.cutors, admini- ftrators, and ailigns : IV. B; it tbi'-drore ensiled, by the Governo- , Council, and Affemhlv , and by the authority cf the fame, ar.d it is hereby enacled, that the faid indenture of demife is hereby ratified and confirmed ; and rhat it liiall and may be )a\\!>i! fur fhe i aid Allen Jones and Willie Jones, in riglic of the faid Robert Jones, tae.faid William Williams and Thomas Pugh, their execucors, ad.rtiniitrat >rs, and alliens, to enter upon, occupy, poHels, audenjjy the laid dividend, trait or parcel of land, according to the form a id effect of the laid indenture of d°mife ; that is to (if, that it Ihall and m;>y be lawful for the faid Allen Jones and Willie Jonts, their executors, adminiltrators, and aligns, to ent^r upon, occu- py, poffel's, and enjoy, one third part of the laid d.vidend, trail: or parcel of land, the fame into three equal parts to be divided, for and during the term aforefaid ; the faid William Williams, his executors, admiuiitrator:;, and alligns to enter upon, occupy poilefs, and enjoy, on? third part thereof, th ■: fame into three equal parts to he divided, lor and during the term aforefaid ; and the faid Thomas Pugh, his executors, adminiltrators, and alligns, to. enter upon, occupy, poffels, and enjoy, the remaining third part thereof, for and during the term aforelaid. V. And be itfu-ther en-icled, by the authority aforefaid, that the faid Allen Jones, Willi? "Jones, William Williams, and Thomas Pugh, their executors, admir.dh-ators,aud afiigus, are hereby exempted from tue penalties of an a the authority afo/efaid, That the fa'd Allen Jones, Willie Jones, William ifillLims, an Tlcmas Pugh, their i xcn-ti r.:, idmiriirr-ioi-f, mti .il.jii:, 11 all f.ily, au,u\ea?b year, during ti c tern*, aforefaid, on the twenty hrit day ot Mrch, pay to the right boi.tui\.bh- Earl G-ar.vl.k,^ Li. heir, and alligns, a q .-. U lent of four fliilhngs prod ination money, for every hundred acres of land contained within the limits or boundarie- of tne land- demifeti as aforelaid ; and n uii'e. tne laid qj t rents Itial! he in arirear at any time within th* term aUire- fsiid tha' then it Ih.U ana nay be lawlui for the laid Earl of Granville , hs heirs an I afiign-, to fie for aid rtco er all fuch arrearages cf rent, of and from rhe faid ,-i.en Jones, Wilre Jones, William Williams, and Thomas Pugh, thtir ex- ecutors, adminiltrators, and alligns by all law Jut ways and means v hat-.t ever. *N. C. L. 2, . 174§» l -9- VIIIGforgr III. The 5th of December, 1767. Chhp. XI. An ac7 for bulling a put lie zu I end g.eJ'r's boufejtrthe diflncl of Mcw'aern, in the town 0} Newbern. J. vt 7fJEHEAS the public giol for :he d ityict of \'e~w,>ein was lately jojifiM.ed. by fire, and, it being neteffary. VV that anew gaol ,'hould be ereJted in he fa.d dilute ; II. Hi. IV- 6 V. Cbjdete. VJ. And be it further enjcled by the authority .frefaid, that after lull gaol Ihall be erected, when any ptrfon or perfons ibill be appreh Hided for any ollence committed within the dillrict aforefaid, it ftiall and may be lawful for the magiftrace or magiftrates before whom fuch offender Ihall be examined,, if he or they ih'n.k it necefiary, to^ com, n.it fuch offender to tne ah.-re faid gaol ; and tlie Iheriff of the couruy for the time being, where luch ofienderlhall.be apprehended, is hereby autUriied and r-.quired.io convey inch .Render to the faid gaol, and dtl vtr him or her to the Iheriff or keeper thereof, and cake a receipc.Qt luch fhenff or keeper ; which Ihall be his ducharge for luch pnfo- uer* VII. AnUe it further enad d t by the authority afore/aid, that after the faid giol, ir.d gaoler's hcu'e, fhallbe built as. aloiefaid. the Iheriff of the county of Craven, for the time being, is hereby directed ard r< quired to employ lome per- fon of integrity to be keeper of the faid gaol ; who, danng the time an perfon committed for a capital offence Ihall be in the flid gaol, Ihall conllantly reiide in the laid gaolet's houfe, and. take all lawful ways and means for preventing, the e leaps of Inch offender. ., 1 — -*- Chap. XVI. An ail for apf>oin tine an infytiv for the Great Ifiand, op-pofte Wilmington, f* Brunfwick county. I. \T7HEHEAS great quantities of naval ftores, and other merchandize, which require mfpevbon are landed on, VY and fiiipped frj;n the Great JJland jp_iofite Wilmington, known by the name ol Eagle's TjlahJ j and uis verjf. 52 53 in-O'ivsnlent for the infpeftor ohBWmfivtck county, from the great diltance of his refiJence, to attend the inf o^ctioa then o\. jl Be it enabled, by the Governor, Council, an I Affembh, and by the authority o' the fame, that the inferior con' t of Biunfvick county ar; hereby aiu':orifed an.l required, at the . e^t court to be lielil fop i'.iid county after the faffing of tin- aft and in each fucceeding year, at the ti he already ppointed by law, to chnole a fii am) proper perlbn 10 be an inipeftor lor the faid ill ind, called E '-'git's Ifl.ind ; under the fame rules and regulations, and fubjeel to the fame penal. ties, as other ■■::-^ftor; appointed in this province are liable to ; whofhal have and receive, tor all commodities in. fpeetsd by him, the lame tees wtiich other infpeftors ar • b> lav intitleu to for tt>e like leryices. 111. And be it further emit} d, by the authori y afore/uid, ti at in cale the '.A) eftor to bs app >inted by this aft fhoull abfent him elf from, or not punctually attend ih_ dunes of fri= o.fice, it ili/l and may be lawful for any perfon or per- fons, having commodities to inlpeft, to apply to the neareft infpectur appointed bv law, in that or any other county j who is hereby imp awered and required to infpeft the fa:;e ; and who mall have 101 his trouble, the Jame fees which the infpeftor to be appointed t>y tnisact >vouid in tint cafe be intuled 10 receive. , . \ Chap. XX. A: ad to amend tin ad, inti'uLd, an aft to encourage perfons to fettle in the town of Brun/wiek, on the 'fouthvefi fide of Cape -Fear rivera />. iq. I. VT/HEriEA^ the cim niffi iners of the town of Brunfiuick, in the ci.uiuy i>f BrunfuAck, are moltly dead or re- V V moved out o - cue laid to vn ; a .d tiiofe who are ftfll living and are rftidents therein, have neglected to ap. point o'hers in the i io n ot Inch commiffioners lo de id or removed : II. Be H snac~i.-d,by the Oovsrnv I'air'd, ind A/femcl'/, en/tit is, hereby enaded^by the authority of the fame , tbaf froma id alter tne pifli.ig of this at, fich of tie inhabitants oi the fa.d .o vn 01 B infw'ck js are inuiied to vote for a. reore e native to fit' and 1 vote in the General VfTemb'y of this province, are hereoy au honfed, impowered, and re- quired, to niii.-t, annu dly, a: the court-houte in the 'aid lo-vn, (j;i the firlt 1 ueiujy of May next, and on tlie hrft Tuef- day of May in each lucceeding veeiiw\gepeijonstoje:l:inthetotanot\\r\xx\^v\.\.,on the i'ou:h velt [.d? •/ Cip--Fe>r river ; ana" farther, the commiffi»n rs ot the laid town are hereby autdorifed and im- p iwered, to lay out alley?, ftreets, ami qu iresj in a, id t trough any pan ot tne laid town, which may be ior the inteteft god convenience of the in a >i a ir» •here* f III. And- be it further enatl- •', 'y t, '' c ' '-"•'' -"-'i'V aforefaid',. that everv elanfe" md part o f the aft, intitttled; an ail to entourage pe-fons lo fettle in the tovni of Bru >.iwick, or the louthw eflji' * : j Cjpe-Eear river, with n the purview of this act, be, and is hereby henceforth repealed and made. void. . 1 Chap. XKI. An atl for eretting in the towfrof 'Sal (b iry, a pit! lie gaol, p'll-ry, and flocks, for the dtflfiB o/Sa'ifbnry, in 1 is pr ovine : 1. \ T7HERE VS the gaol formerly erect d for the diftrict of Satijbury, is found inf. fficient to fecure the many r e. V V Ioit, and itlier prifeners committed thereto ; by which means numb rs ol looie and d.forderly pcrlons are. dailv committm > the mot attrociolK crimes witn impun ty : For remedy whereaf, i II. III. I/, a V. Wdte. VI And be it further en id d, by the authority o fore/aid,, that after fuch buildirgs ffia 1 l be made as aforefaid, when anv perlon or perfons wit nn t ie ddtr ; (ft of Salifbttry, ihall be apprehended or a ly criminal offence, that on conriftion thereol would in:nr tht lo sot Ire or member, it Ihall and maybe law ful for any Juft'ce of the Peace in any county [within the diitrnt aiorelaid, before w horn an examination of fucii (riininal fhall be Lad, if 'aid juilice fha'l tjiir.k it necelfary, to commit fuch ciiminal to the aforefaid gaol : And the fheriff of the county wherein fuch triir in: ! -tf rdl be, is hereby directed anil -^r l«red to ■convey fuch criminal to the faid gaol, 2nd deliver him or tuem to i he fheriff or keeper there- of, and take areceiit tor f ch piifoner cr pril'oners from the faid fheriff or keeper ; « ho ;re hereby direfted and re» quired io receive fuch criminal, and give. inch receipt ; which mall be his dilcharge fcr fuch criminal or criminals. Tht re/1 Ob/olete. Chap. XXU. /in Acl'to continue an aft, intituled,, an aft for enlarging the time allowed fcr faving lots in the town of- Hertford, and other .purpoies* , an to ejlablifh a frrr-j from the town of Hertford, on the welt fide oj Perquinions ri* v?r, to Newby*' pvnt, on ^Veafl fide of the faid river. *p. 43. J» \^7HE'*EAS bv an aft ot AilVnblv pafl'e'l at iVe-wbern, in the third year of the reign of his prefent majefty> ''.ti. V V tuled, an a/1 for enlarging the tine Mo-jtcd for faving lott in the town of Hertford, and other purpo/es, aui( in ^ : otHerthings, it is provided, that tne grantee of ever- lot in the faid-town fhall, within five years, erect ard finifha h' ust Ot tiie. diaw4u)n> l^vcihed to«tf& of Allembly paffed in .he thirty fecond.year of tile reign f fais Maj.efly k n^ Gcuigc 54- the fecond, intituled, en ail fcr eficbl'fitng a town on the land 0/ Jonathan Phelps, c/Perquimons county* ; which term of five year» is no.v expired, and many of the lots in the laid town of Hertford not laved agreeable to the before re- clici. act. II. B '■it therefore entitled, by the Governo-, Cvtncil, and Affemblv, and it is hereby enabled, by the authority of the fame, that every lot in the laid town of Hertford, on which a hou!e fhall be erected and built, of the dimenfions menti. oned in the laid recited aft, within the (pace of three years after the date of the conveyance made for the fame fhall be and are hereby declared to be vcfted in the grantee thereof, in fee-fnnple ; any thing in either of the aforeiaid acts to the contrary notwithstanding; III. A11O whereas feveral directors of the fars of tne laid unvn, in the penal i'u n or five hundred politics, that lie will wed! and truiv account with and pa/ ttiv j monies he fn.dl receive 1 1 virtue of his office, 10 inch nerfon or perfons as by this ail he is directed ; and on the dea:h, or removal out of ti=e county of the iatti treasurer, the remaining directors, or tne majority of the n, by ccnilic.te under their hands and leais, Itiall no. inmate and appoun one other or the f;;d director:-. 10 be trealurer of the faid co.vii : and loi.) like manner, from time to time, as often as the laid aflipe thill become vacmt as aiorefa'd ; and luch treaiurer cr ueaiurers lhail tiuer into bond, with fecurity, in Lhe fame manner as the treafurer by this act appointed. VII. And be h further enaclei, by the authority ctforefuiJ, t):;;t in caie of the death, rcfufal to ait, or removal out of the county, of any of ihe laid directors, the lurvivmg q l othei directors or the majority of them, ihall, and ara hereby impovvered, Irom t,me to time, by ii ttrumeiu ot writing;, under their refpeci: ve hand-, and leals, 10 nominate fome other perlon, being .m inhabitant or freeholder in laid town, in the place ot him lo dving, or refuting to act:, or removing out of the laid c>Jty ; which director lo nominated and appointed Ihall, t,om thenceforth, have the Ike. power and authority, W all tntngs in the nutters heretn contained, as it ue had been t expelled by name, and appoint? «d by this act. Chap XII. An at! for eftablfo'mg atovm on the Lf-d r f Benjamin W. nns, on Ghowar river. I. VT7tIE'tl£AS it hathheen repreiented to this Affiiinbly, that the lai d o! Benjamin \Vynns, lying on thsfouthweft \ Y fide of Cbo-ua; river, in her third county, w.iere the court houfe and other public building, are erected, is a heakhy, jieafant fit union, well watered, and commodious tor commerce ; and riie faid B& tfe t m m IVynm iia-.-ing (ignis tied hie free conlent, by a certificate, under i is Iiand and ie ii, to have on.- h ladre 1 acres 01 the laid land laid off to: a. town and tilty acres for town omaioii ; which wili greatly promote die trade and uavigati n ot the laid river : II. Beit therefore enacled, by the Covernir, Council und AJfembly, and by the nut! or:ty 0/ tie J, ■me, llat the director! •r cruftees hereafter appointed, or the majority ot ihem, lhal;, as foon as may be. alter the palling ot this act. cade the i'aid one hundred acre^ to be laid off in lots of half acres each, with convenient itieers, lanes, and alleys ; which lots fo laid off, according to the directions ot this act, is hereby conitnu.ed, erected, and eftabjilhed a tewn ; aid Ihall bt •calltd by the name n, he»i y King, and Brn]amin,Wyn>:s, be, and they, a id every of them are hereby conltituted directors and truifees for, the deli.ning, budding, and carrying on the la;d town; jnd they mall Hand feized-ut an indefealibie efface, in fee lim,.ile, of she laid one hundred .md fifty acres of land, to. and for the ules, intents, and purpofes, hereby expreifed and declared ; and they, or any fqur.ojt tnem, Ihall have full pjwer and au.honty, to meet, as often as they Ih ill think nc ceffary, and caule a plan thereof to lie made, and thei eiiy 10 infer* a mark or Dumber to each lot ; and as loon as tne laid to.vn (hall be laid of! as sforefaid they, and each ot 1he.1t, ihill h ive power to take fu'ofcriptions lor the laid lota, ot luch perfons as are w illmg to fuMcribe for them : and ■wnen the laid directors have taken lubfcriptious for eighty lots, or upwards, they Ihall appoint a day, and give public notice to the fu'jlcriier;, of the day and place appointed tor the drawing oi the faid lot-. ; which Ihall be done by hal- lit, in a fair and opzn manner, by the directon, and in the prefence of the majority of the faid directors, at leaft ; and loch fubferib r (hall be intitled to the lot and lots which Ihall happen to be drawn for him, and correfjrond with the ni irk or number contained in the plan of the faid town : and the faid directors, or the majority of them, Ihall make »nd execute deeds for (Trancing and conveying the I lid one hundred acres of land, in half acres as af.->refaid. lo the fub. iciioers, their heirs and affigns, tor ever } and alfo, to every other perlon who Ihall purchafe any other lot or lots in the faid town, at the coft and charges of the laid grantee to who n the faid lot or lots fiiall be conveyed ; and every perlon claiming any lot or lots by virtue of any luch conveyance, Ihall and may hold and enjoy the fame in fee fimple. IV. Provided neverthelefi, mat every grtntee of any lot or lots in the faid town fo conveyed, Ihall, within three vears, next a'ter the date of the conveyance for the fame, erect, build, and finifllj en each lor Co conveyed, one well fra neJ, or brick houfe, fixteen feet fquare at the leaft,. and ten feet pitdi in the clear, or proportionable to iuch di. nicnli ms, if luch grantee Ihall have two or more lots contiguous : and if the owner ot any lot or lots (hall fad to coin« p'y with the directions in this act prelcribed, for building and finiflijng a houfe ther< on, then filch lot or 'lots iipca, wiiic 1 Inch houfe Ihall not be built and tinillied as aforel'aid, Ihall be revelted in ilie faid directors ; and the faid direciS or^, or a majority of them, may, and they are I ereby impovvered and authoriied, to 'ell luch lot or lots for the beft price that can be had, to my perlbu applying f >r the fa :ie, and gnu and convey fuch lor or lots to.fuch perfon or per- to is, under the like rules, regulations, and redi ifions, as the lane -was " r - v, * rf * formerly granted ; and the money ar hng from Inch tale, be applied by the laid directors, or a m ijoricy o. tnem, for the benefit and improvement ot the (aid town. Y. Audi: it further wJIed, % the authority aforefdidy that each relpei^iye luL-i'criber who fiiall fubferihe for apj 57 'lot or lots in tV faitftownj (hall, " i h'n one month affpr it (hall he afcprrained to whom each of the faSd lo's doth b*- long, in i::n rhifi ttfui mtrlioiito pa\ ai d laiiify 10 the la ti directors, or one of tin m, the lum of fifty Hid- ing , proc imatmn ncty. for ea,ch J t>y him fuDfcribecl for ; and in cale ot the refuial or neglect of ai : y lubfcriber to pay the laid fu n, tne i'jid directors ihall *\id m ly commence and pi ofecute a fuit, in their own name, tor the fame, auJ therein ihall recover judgment, witn coftsol liiit : and the laid directors (hall, as foon as tney reccve the (aid mo- ney, pay and latisfy to the f.ud Benjamin tVvrini, his :.e rs or alilgns, the fum of forty-five lliiliings, proclamation money, for eac.i lot 11 f r fatisfadipo for the aid bud ; and the other five (hillings lhall be applied towards defraying the expt-nceor laving oil' and improving 'iie [aid town as a majority of the directors flnll think proper. VI. And for continuing the fucceiiio 1 of the directors, until the laid to va ihall be incorporated ; It H further enact- ti, by the authority aforejaid, in cafe of the death, refufal to ad, or removal out of the county, of any of the iaid direft. ors, tnef-irvivin-T directors, or the mijoruy otthem, (hall aflemble, and are hereby impo.vered, tro.n tune to time, by inltrumentof wtiting, under their refpective hands and Peals, to nominate fome other perfon being a freeholder of the lam town, iu the place uf him lo dying, retuiing to act, or removing out of the cou uy ; which new diredor lo nomi- nated and appointed, mall, from thenceforth, have the like power and authority, in all things in the Matter* hereia: contained, as if he had been exprelsly na med and appointed in and by this ad. Vil. Previdrd >iev.rthcUfs, that ine faid Benjamin IVynns Hull have, to his own ufe, the dwelbVig-houfe, and other eut houles therso 1, with Inch lots a ne (ht'l c'tooie adjoining them, not exceeding eig'u lots, excl uive of the faid one hundred acres : and the court ot the (aid county, or their fuccedbrs, (hall not have power to. appoint a public or o- Iher ferry at the faid town, in prejudice to the faid Benjamin IVynns ; but that the keeping o* the faid ferry from his. own land, on the north fide of the faid river, to the faid town ; and from the faid town to the north lide of the faid ri- ▼er, lhall be and remain unto the faid Benjamin Wynns,ti\s heirs and aiiigns, until he or they (hall refole to comply with the terms by law prefcribed tor erecting and keeping public ferries., XI George III. The 5th of December, 177a*. Chap. XIII. Anaclio appoint commijfioners fo<- finifhing the church in Wilminji ton, 'uttke. room and/lead, of John Du. Eois and George Wakely, Efquirtf, d'eceajed. \. TTT7HEREAS John Dubois and George Wakdy, Eiquires, to f ilre co rami (Turners appointed by^aa-ad of AfTem. VV bly, intituled, an atl for finifhing the church *V Wilmington*, are fmce deceafed ; Tt- Beit enacled, by the Governor, Council, ami .4/Jenbly, and by tin authority op the fame, that the honouiahle Lewi* ■DeRo/ft, Lfq ; and Frederick Gregg, h'.q; be, and thev are hereby appoi ted commilhoners, for finiihing the church- inlVilminoton, in the room and (lead of the fad Jolm DuBois and Geo ge Wakely, Elquires. decealed ; and the com- niillioners by this aft app linted are herebv vetted with the fame powers and authorities, and ihall be fubjed to the lame rules and reitridions, as the coinm fliontrs appointed by ti.e ad herein before recited were veiled with and fub. Jed to. »/>. 29 C« «P. XIV- /fit ad to eftablifba public irfpeBtarnf Tobacco in the county of Johnlkm. L V T 7HEREAS the eftab'ilhing a public infpeQfon of tobacco in the county of John/ion will encourage commerce, VV promo e indnftry, and be advamagt i us o marly planters and others in the faid county ; II. Be it therefore emitted, by the &6ver nor, foimctl.and -iffimvly, and by the authority if the fame, that the Jufttces ef the laid county tfJohaJtmOuNL', and arc hereby impowereJ and directed, to caufe to be built and ered?d a uare- fcoufe, and other conveniences, fit and neceflhty for the reception, inlpecbon, and fafe-keeping of tobacco, at the frrry, on the laud of Capr. $b) n Smith, on Neufe river ; andthe lame, when fe budt and erected, (hall, and is hereby declared to be a public ware i oule, for the reception and. i'^pedion of tobac:o-. III. And be it further enacled, by the author itv afore/aid, that the juftices of the faid county of Johnfton Thai', from time to- time, appoint infpeftors to- attend the faid infpedion, ad aicei tain their filaries, and order and dirtd how Che fajd inlpedors (hall give t eir at-endance at the faid warehiufc j. which faid in pectors fha'l he under the lame- cegulations, rules, and r< Ori.lion^and entitledto the fame emol unit nts, as are by law appointed for inlpedors of tobac- co in this province.. 7 let tjt Obfilete.- — — — > } Chap. XVI. An atl for the better fettling, reguliting, and improving the town of Beaufort, in tie county of Carteret,. and for annexing Octacock iflanit to the /aid county. I. TT7HFREAS the laws-hitherto made for regulating the town of Beaufort, have been found inconvenient ; far VV remedy whereof, II. Be It enacled, by the Governor, Council, and dffembly, and by the authority of the fame, thftt from and at' r the puiling of this act, William Thompfon, William Cole, William Robinfon, Jofeph Bell, jun. and John Eflffon, gei tlemen, (halt be, aad ace. heftby 3£owate4 cotuwifiione« at the laid town : and iacal'e of Uicirj.or.an^ oi luem, djm^ rciucvtHii 5* vr refilling to q>iaVfy as fuch, it fia'l and may be lawful for the remaining p - ^, nr a majority of them, by and with the coot ■.'iit an i approbation of the coumy court, to nominate and appoint another, in the room of fuch dying or remr v. ing, or rtfuiii g to quality : and that the f.ud conitnifiicners^ and each o: tbcm, Ihall, before entering upon their Lid office, take the Mrovnnfc oath : 1A. B. afe ) -.near taat 1 will execute the office of a comiv'ffirnfr for the tow-: '/"Beaufort ,faitlfu\iy , irrtparfiaUy, and truly, ■without favour, affection, or prejudice ; and that I unit, t-> the Utraoft oi my power, ill uii things, ait for the good of thf /.aid town and the well governing ef it, to Ihebsftof my fkitl ond judgment. SO H&l P MK ~CD. Which (aid co-nmilT»oners, after lo fworn and qualified; (hill proceed to choife one out ot the number,tobe atrealure? of the faid town ; into whofe hands ail the mo lies arjfiiTg by tne fale of lo s in the (aid town, or oihenvife howfoever, anfing or becoming due to the laid town fhaii be paid ; and there kept till dilpoled oi' as herein after directed. III. And be it further enjcl;d,bv the authority aforefaid, that the ('aid r,rea!urer, before he enters upon the executi- on of his olhce, Ihall give bond, with two fnfficient fertilities, in the fu-n of two hundred pounds, proclamation money, to the cooiroifiioners of the laid town, and their fuecellors, fcr the faithful discharge of hi> fiid office. IV. And whereas in- dry dilputejmay hereafter an fe concerning the rules 'of lots in the laid tcvvn of Etaufort, and thr bounds thereof ; leit enatlca, by the authority afaref aid, that the cotnmiflioners hereby appointed, and their due- ceflbrs, are declared to have a good, abfoiute, and jndefeafible eilate, in fee, in the two hundred acres of laud laid out for the (aid town of Beau'ort, in trad and confidence, and to and for the nit*, intents and purpoies, as hv an atSj inti'u. led, an acl for incorporating the fea port of Beaufort, in Carteret precin-1, into n twfbtp by the it-Wif of Beaufort, or fo much of the laid ait as is uov in force : and the commiifoiiers by tnis act appointed, are hereby declared to have a good, abfoiute, and indefealible eitate, in lee, in ail fuch lots within the f nd 'own, which h.ive 1191 been dilpoled of by the former proprietors orcommiifioners, and built upon or impro - ed agreeable to law, in truft and confidence: and to and for the tiles in this act mentioned : and all and every peribn and perfons whatfoever, who have heretofore pur- chafed and paid for any lot or lots in the (aid town, and have fully complied with the conditions oi their deed or grant, and the law for building and improving thereon, or who may nereai'ter pjrcliafe, pay for, and fully comply with the law for building and improving thereon are hereby declared to be inverted witn a good, abfoiute, and tnde« tfealible eflate, in fee, to fuch pprfoh c-r perfons, and to his and their heirs and afligns forever, V. And whereas the fettlement of the faid town of J$eaufotl hath been much rttarjkd by rerfons taking up lots in the laid to vn, and no. bailding thereon as required by law ; be it nutted, by the authority i fore/aid, that lie com. midioners of the laid to.vn for the time being, or any of them, are hereby authorifed, impowered, directed, and re- quired, to grant, convey, and acknowledge, under the reftrictions and limitations I erein after mentioned, to any per- (on requiring the fame, and to their heirs and alljgns for ever, in fee-limple, any lot or lots oi land within the faid t».vn, not already taken up and built on agre.ible to the laws heretofore made (or regulating the faid to.vn ; or an/ lot or lots that may hereafter be liable to he taken up for want of building on as is by this ai't directed, he or the) pay- ing thirty (hilling;, proclamation money, for the purchafe ; twenty (hillings of which Ih ill be paid to the proprietor of the faid land, and ten (hillings 10 the churchwardens of the panfh gf St. 7A'i's, for and towards bujdjing a church in the faid town " V(. Provided n?vertbele/j, that where any perfon or perfons fliil! hereafter take up any lot or lots in the fiid town, and Ihall not build thereon, or caufe to be bu It, within two years from the date of their conveyance, a good habitable brick, (tone, or framed iioufe, with a brick or (lone chimney thereon, not of lefs dmienlions ihan twenty feet long, fifteen feet in width, and eight feet in height, between the flrll floor and thejoifts, in proportion for each and every lot and lots, or make; fuch preparations for lo doing, as the commiflioners, or a majority ot them, Ihall judge reafona* ble to feenre the fame f except where the titles of fuch lot or lots, before the expiration of the time for building there- on,flnll fall to a minor or minors) every fuch conveyance ihitl, and is hereby declared nail and void, and of no eflVcr, info much as if the fame hid never been mile ; and the fame lot or lots (hail be free and dear for any other perfon to take and parchafe, in mariner and form aforefaid ; and all monies ar. fug by the fecond or other fale ot the laid IpU liiall be, did is hereby approp'-'ated and applied for the building of a church in the laid town. VII. And whereas the plan formerly taken or the faid to.vn hath been found inaccurate, irregular, and confined ; i; it enucled, by the authv i'.y afore/aid, that the plan produced at the time of palling this act, containing the follow ng coui fes, t> -J)it beginning at a cedar poll, in Polhci ftseet,"and running along the water, north fifty eight degrees .weft, agreeable to that part of the plan called the old town, and beginning at the cedir port, and running Couth fifty eight degrees eait agreeable to that part of the plan called the ue«v town, (hall be and remain as the proper plan of 'he (aid town and lodged in the regiiters office for die laid county of Carteret, where perfons at any time may have re- courfe to the fame: and for defraying the expe r ce attending ihe procuring, taking, aid running out the (aid tow n f town hnds, and plan fo as aforei ud, the commifikihers fliall and may order the treasurer of the faid town, out gt the monies he fhall nave in Ills hands, o pi,' fuch lu n or luns as tiiey may think reamnable, to the parties who attend- ed taking the lame : and the fain commilii m r: .ire hereby impowered to account wiili, take and receive, (or the ' ule of the faid town, all fuch inn or ( 1 nsof mo ley that now are in the hands of any form r commiflioner or commifii- oners, trealurer, or otlier per, on whatfoever, cither for the fale of lots, or Otherwife, and finally toadjutt and fet» tie the fame : and that tro n and if r er the pilling rhii a:t, t.ne treafureV for the time being (hall, and is hereby requir- ed, annually, t > acrouit -\ ith the in'eror co irt of p!ei« and quarter fellicns for the faid county, for all fuch dims of aaoaey as hs Ihall, for the U\-i d lo;» ha.'e received j which money (hall bt: applied in the following manner j.that is to. "S9 f?ay, twenty fh'l'ings rWfacli and every lot, to the life of the proprietor, his heirs and affigns ; t?n fhillings for and to var ;s bqild ng a c'nurch i:i the fa id town ; and the remaining monies accruing bv means of this a&, afwr defraying t'-,e cunii'g p i. charges i Hd town, fuch as the faid commilfioiiers, or the major part of then>, lhall think reafon- sb!e, Hull m like manner, be applied towards building a church, and keeping the fcrre in repair as atorcfaid. Vllu And, whereas the aild'.ving of hdgs to run at large in the laid town, is found to be a gieat nufance to the in- lii'ni-.aiits thereof ; be i: enured by the authority aforefaid, that none of the inhabitants of the laid town Hull, on any pi;eii ice w'liJtfo'ever, fuSer'any hogs to run at large witnin the bounds of the faid town ; and any hog or hogs fo run. ning at la ge is a fin tt id, (hail be forfeited ; one half to the perfon who flnli leize or kill the lame, and the other to the churchwai iens of St. John's parilh, for tne ufe of the faid parifh. ' IX. And be if further enafted by the authority aforefaid, that the commiffioners, or a majority cf them, fliall ap- point anove;feer every tint '/u-'d-y in January, annually, for the faid town 5 which overleer lhall lummons all male taxabtes, inhabitants thereof, tocL-ar, repair, ami keep in order, the flreets, lanes, and pafiages belonging to the (aid town : ani any perlon refuting or neglecting to work on luch fummons, or to furnifh a good and lufiioent hand or hands in hi„ or their place, with proper tools to work with, fhall foifeit and pay two findings and c ight-pcrxe, proclamation money, p?r Jay, for every day lie or they fliall fo refufe or neglect ; to be recovered in the lame man- ner as the hits and forfeitures are to be recovered by overfeers of the roads ; and the monies fo recovered, lhall be applied to.vards hiring labourers to clear and repair the ftreets, lanes and paiiages, or any other public work to be djic in tne 'aiJ town ; and every overfeer appointed asaforefaid, refilling or neglecting to ferve as overfeer of the faid town, lhall Jorfeii and pay, for every day lie io reluies or neglects, ten fhillings, proclamation money, to be re. covered and applied asabove. X» And be is further tnacled, by the authority aforefaid, that any perfon exempted by law from working on pub- lic roads, flnli no: be themlelves compelled to work on the Itreets, lanes, or pafiages, in the laid town ; and that the inhabitants of the laid to u\\ lhall be exempted, and for ever hereafter excuied from working on county public roads, du' ing the time they lhall live in the laid town, and no longer. XI. And be it further enaded, by ihe authority afore faid, that if aBy tavern keeper, ordinary keeper, or retailer of iiqjors. or keepers of public houfesin the laid town, fhall fuller any perfon or perians whatfoever, to fit tipp'ing or drinking in Us, Iter, or their houfe, in the time of divine fervice, on the labbith day ; or lhall fuffer any perfon or perlons ic get drunk in his, her, or their honfe, liich perlon or perfons to offending, lhall forfeit and pay twenty Shilling*, proclamation money, for every fuch cftVnce ; to be recovered by a warrant, under the band and feal of any jufiice of the Peaielor the faid county of Carteret, and be paid into the hands of tlie treafurer ol the faid town. XII. And be it further ettailed, by the authority aforefaid, that wherever any perfon or perfons lhall be found quar- relling or fighting within the laid town or townfhip of Beaufort, in v'ew of any of hi, Majefty's Juitices of th e Peace, or Ih all b" convicted thereof, by the oath of one credible witnefs, fhall forfeit and pay, lor every fuch offence, the fum ot twenty (hillings, proclamation money ; and in default of luch payment, fliall fuffer twenty four hours imprif- onment, in the common gaol, or be put into flocks for the fpace of two hours, or longer, as the direction of the Juf- tice itnll l'eem meet : provided the information be made within twenty. four hours afrer fuch offence lhall be committed. XIII. And for the better regulating the town of Beaufort, Beitenacl-d, by the authority aforefaid, that the laid fommillio.icri, or a majority of them, fhall have full power, and lawful a uthcrity, to pais luch neceflary ru'es and orders, as to them fhall feem meet, for removing ail nufances within the bounds of the fa:d town ; for perfons to remove dirt and rubbifJi from before their doors ; to grub and clear their lots ; for pulling down all wooden chimnie* already built in faid town, and prevent the building thereof for the future, jn order to prevent danger* by fire, pro- vided that fijt months notice be given to the owners of lucii chimnies as are already built, to pull down the fame ; and for all other things as may tend to the advantage of the faid town, io as the fauie be not repugnant, but as near as may be agreeable, to the laws of England and tins province. XIV. And be it further mailed, by the authority afore/bid, that all fines and forfeitures in this acl mentioned, the recovery of which is not otherwile directed, fliall be by a warrant, under the hands and feals of the commdfioners, or a majority of them, directed to any fwoi 11 officer of the county of Carteret to convene luch delinquent or delin- flUents before them, at a certain day mentioned in the faid warrant ; ar.d, on conviction, to give judgment, and a- ward execution for fuch officer to levy the faid line or forfeiture, by diftrefs and lale of the oifender's goods and chat- tels : which faid fines and forfeitures fuch officer lhall pay into the hands of the treafurer of the laid town, as part of the com non ftnek, and be applied as in this ait before directed. XV. And tor tne further encouragement cf she fiid town of Beaufort, Be if entitled, by the authoi iiy aforefaid, that the regifter, clerk, and merift, of the faid county ot Carteret, fhall, and are hereby directed and r< quired, to keep their reflective offices in the fad town ; on penalty of ten (hillings, proclamation n;oney, for every week they fhall neglect the lame ; to be reo^erscl before any juitice ot the faid county of Carteret, by any perion who fliall iue for the fame : and all elections, general niufters, and other public bufinelt of ihe like nature, belonging or appertain* ing to the county of Carteret, fliall he held and done in the faid town, and at no other place whatioever. XVI. Provided always, that nothing herein contained lhall be conltrued, deemed, or taken, to fubJFCt *he cie.k, fheHfjF, orregilkr, to the penalties before inflict; d, in cafe it fliall be adjudged neceffary lor the records oHhc rg- fceQjvfi offices to be removed, by order of the interior court of CurtsrcU ^o ■ XVII. And that due regard may hi pa'id rot.be order? that maybe made or siven by the commiffioners of the fai<$ town of Beaufort, Be it enacled, by the ottthta .iy tjcrtfajia, :l a. li.e fci.ii.llci us of the faid town for tn e time bem-f, or a majority ot them, (hall have full p-nver and aurhnritj to lay fuch hue on any perfpn i r ptnons that (hall refufe or reelect to obey any of (he rule? and orders that (hail be paflc-d by the f'id comjiiiflioners, or a majority of them, for the better regulating the fad town, .is they (hall trunk fit, hoc exceedings ESn (hillings, proclamation money ; arid on refuial or neglect to p-iv ttie fame itn nediately, toiJ'j- tie:r w.ar.ram, to any (worn officer, to levy the lame, bydif- trefs and fale'of the offender's goods and chanels ; tne like proceedings being firit had, as bt-fore directed lor the .cemmiflioners to oblerve in the recovery ot fines impofed by this act. XVIII. See N. C L. p. 248. XIX. And be it further envied, by the authority a fare fail, that all and every other act and act?, claufe and cjaa« Jes, article and articles thereof, heretofore made, or lo much thereof as relates 10 any matter or thing within the purview of this act, are herebv repealed ami nade vo.d, and of no effect. Chap. XVil. An acl Jor the tegulation of the toiun o/Salifbury, fecuring the inhabitants in their poffejjions, and to en. courage the Jettlement of the /aid town. I, TT 7HEREAS the erecting and eftabliihing the town of Salijbury haih been found highly beneficial and conven- VV ient to the inhabitants ot the Weftcrn parts oi this province, and the fame being a healthy piealaiu liuia- tion, well watered, and convenient for inland trade ; II. Be it enacled by Governor, Council, and Affembly, and by the authority of 'the fame, that the to jvn aforefaid cal. Jed Salijbury , and the common belonging to the faid town, Iyirg on each lide of tiie wi/ltern great road, leading through the frontiers of this province, null be bounded and circumfcnbed as by a plan annexed to a deed cf convey- ance granted by the agents ot the right honourable John Earl Granville, to William Churton and Richard diggers, and bv them conveyed to James La'ter and Hugh bojter, as truftees, for tne ule ot the j'dlxes Icr the county of Rovjji, and other pm poles in the faid deed expreited, containing fix hundred and thirty five acres of tand, duly lecorued a d regiltered in the county ot A row at for el aid ; which plan lhall be, for ever heterUtr, the true and exact plan ~ivd boundaries of the faid town. III. A d be it further enacled. by the authority aforefaid, that after the palfing of ih?s act, the fuperior court of jiuTice, to be held lor the diftrict of Salflury, and c unty courts, the election ot reprtfeinauves 10 be ft nt to the General Af- fembly for the borough oi Salijbury, and county of Rowan, the election cf i'eftrymen for the pjrifb ol 5'/. Luke, and all *>the r public elections for the laid borough or county, fliall be made and held in the town 01 Salij!ury x auu at no other place ; any law, ufage or cuttom to the- contrary notwithllandmg. IV. And •> n ; on penalty of paying twenty ihillings proclamation monej. XI. And whereas the too frequent cuilom of uiiajoderate ■riding of hories, and driving of empty waggons and carts in and through the laid to.\ n i> found I i have a very dangerous tendency : to prevent which, hi it enabled, by ." ■ authority aj or ejaid^ that no perfon orperfons, from and alter tne paflingof this act, on any preiencc whatever lhall immoderately ride or lirain any horfe or in .o years from the palling of this aft, fliall be good and Jufrlcitnr in law for fo much as they v. ere intended :o c\>nvey > and i': ill have every effect tnat they could have had if they had been regiftered v.ithin the time. by any aft of Alitmbly directed for the favingof the find- lots to the proprieiCrs. XIV. And be it enr.cled, by the authority afire/ 'aid, that no pclieffion, except under deeds from the commif- i: > :e; s of .the laid town, ihall operate to give a title to any periods who have occupied or improved, or who no.v oc- cupy and io>prove rhch lots, againlt any perlons who have, bon.if.di-, icceived a.id taken dseds from the commiffion.. cr_; of the laid tow n fo;- the fame. XV. Andbcit further tnaBsdy by the authority nfirefaid, that the aforeiaid lot, feferved and known by the name o theb • i i or ever hereafter relerved tor that ufe only ; and tue tirls thereof verted in ttie commif- lers c: the :aid town, for the rime being,, for the ufes and parpofe., atorefa'd. An t be it-fui (her. tnacled, by ike authority afore/aid, that each and every pofieflbr of any !o: or lots, or part c-alot, within the onginai plan or map of the laid town, and adjoining either fide of the two ftreets called Corbin uu ftrcet, who Ikall not, v.ithin the term of three years.after the palling of thk act, erect and build, cr caufe to be erefted and built; a ho tfe of the dioienfions of twenty-four feet by lixteen in the clear, of brick, itone, frame, cr hew . - . , i ith either a goad brick oi Itone chimney, fhall forfeit the faid .lut or lots, or parr of a lot : and that every poflefforof any lot or lots adjoining the two ftreets, running parallel with the laid ftireets called Corbin and J -..-lis Rceer, and within the faid pla.i, who fhall fail to build an I ere 3: a ho jie of the (fimenfidris aforeiaid, \\ irh fetch chimney, within the fpaoe of fcur years, in ill likewife forfeit fuch lot or lots ; and- the commiffioners afore'faid fhall, and are hereby iinppwered and auihorifed, to enter upo.vand feize fuchforfeited lot or lots, or part of fuch lot, and •.: fell the fame to any other perfon who Dull purchafe the fa.ne : and the faid co.*nmilfiohers<, or the majority of them are hereby veiled with full po.ver agd authority to convey the fame to forue purchafer ; which fale fhall be good and in law to Iuch purchafer, his heirs and affig-ns, forever. Provided always, that nothing herein contained ihali be conftrued, deemed, or taken, to affect or invalidate the claim or title of any infant cr feme covert. XVII. And be it further, enacted, by the authority aforefaid, that in cafe of the death or retroval of any of the com* ter« heretolore ia this act mentioned, thai then it mall and may be ia.vful for the Jufiices of th; inferior cojirJ 62 of ''- >.a» :on-:ty, to appoint cr.: cr foore :nniniifiiono( 0r rOramlffifctarj, in tin rotm uf him or tr.cm fb dccrafcJ cr removed j which commithoner cr cpmmiihonei s, 10 appointed as- afbrelald, (half, and is hen by declared to have as Jul! power and authority, as the comroifiV (ers a pp jftteti by ihis acl. XVII I, And be it further enuded, ^ the authority afnnej aid, that ihe faid roir-mifiiorcrs appointed by this aft, rr to he hereafter appointed, before ;' oey ealer j„ and uron the execution of their cflke, (hall take the following Da th to wit, ° ' I A. 15. dofoiean, that ^ iu)ll execute the of.ee of a cvnmiffioner for the town if Salisbury ,fait> 'fully and inly, whhcu'tfa- vour or prejudice^ ant { in all things acl for the good of the faid town, and the wtll governing th.reof, to the heft cf rr.y jkuI ar.d judgment, according to law. SO HELP ME GOD. XlX, And be it further emitted, by the authority afore faid, that the feveral inhabitants of the laid town, their fer- vants and Haves, travellers and others, (hall have free accefs to all fprings, and natural fountains of water within the laid town, and town common, without the hinderance, let, or interruption of the owner or owners cf (uch let or lots or common, whereon fuch fprings or natural fountains of water are iituate ; and that the faid fprings and fountains of water be, and are hereby declared to be free to all perlbus, to l'upply themfelves with water therefrom, to fupply their feveral ufes ; and that it ihall and may be lawful for the inhabitants of the faid town, their fervants or Haves as aforefaid, to cut, fell, and appropriate, to his or their own ufe, for firewood or timber, for building in the faid town, any tree or trees now ftanding oi being on the laid town common, without the hinderance of any perfoti whatever. XX. And be il further cnacled, by the authority aforefaid, that the faid commiiTioners or the majority of them, oi- rheir fuccellors, are hereby impowered, to lay out, and appoint a proper place m the laid town, tor erecting and building a msrket-hqufe, or other public buildings in the faid town. XXI. And be it further enabled., by the authority afore/aid, that all fines and forfeitures that fha'l hereafter be reco- vered in virtue of tins act, the method whereof is not herein before expretled, (hall be by warrant trom under the hands and leals of the laid commillioners or the majority of them, and applied as in this aft directed. Chap. XXI. An acj to prevent the wircafonable deliruclh.t or fijh in the river* liqanoks andDiwn, and other water court es therein mentioned. I. T T THERE AS many avaricious perfons, by iiihtng with leveiai feins at the fame fifhing place ?.m\ by keeping YV nets extended acrofs the rivers Roanoke, Dunn, tne Yadkin river, the loath fork of the Yadkin river, the Catawba, the foirh fork of the Catawba, as high as Henry ll'hitenei-'s, Rocky i ivcr, as high a? Mlc~iption purcbafed two lots, and erected a convenient fchool-houle thereon, in an agreeable and healthy fituation in me laid town ; therefore, lor the rendering more uteiul and effectual fo laudable an undertaking ; II. Beit enacled, by the Governor, Council, and \Affembly, and hy the authority of the fame, that the faid houfe, with the faid two lots of land, be, and are hereby relied in Joteph Blunt, Jafepb llewes, Robert, Hardy i Thomas -Jones. George Bhir, Richai d Browntigg, and Samuel 'johnfhnf Ej'qrs. and their lucceilbrs, forever, as indices for the ie. veral purpoles herein after mentioned ; and on the deajth cr removal out of Chowan county of any of the faid iruitees, it Ihall and may be lawful for the majority ol the remaning triiftpes, to eleil and choole anothej? trullee or trullees, in the room and (lead of him or them fo dying or removing. 1I(. And be it further enailed, hytkeautl \ ys> That rq perfon lhall be admitted to be matter of th« laid ichool, but who is of theeflablifhed church of •■ g/a /7 ; an d w ' no> nt the recommendation ot the troftees, cr a majority of tlumj be duly licenced by the Goverrior, or commander in chief for the time being. _. , , , _ . Cmai'. XXy»H. An aflffif obtaining k true and difrint} lift of the idxable ptrfons in the /«?» o^Newbern, and to hru praitr the !'■•- '-'fin colkfl the trjj.i taxes dte from '. he Inhabitants of the fuid town. I. TT*HEflEAS there i# net any provilnn made in the laws new in force for obtaining a true and diftiricl hft of V V taxables in the (aid town, winch Ins rendered the collecting of the town raxes vciy difficult and uncertain : for remedy whereof, II. Be '■( enafled, by the Governor, Council, aid Affe nhty, and by the authority of the f ■me, that at the firft meeting of the ccmmiiiioners of the fnd town* .Tier the nailing of this ad, and thereafter, at the rirtt meeting alter their elea:on, annually, they (hall, and are hereby impowered and required, to appoint one of the laid ccmmnlior.ei s to take a lift of all the male taxables rei:Ji:ig in the laid town ; and the commiflioner lo appointed is hereby impowered to administer an oath, to the trurh cf all fuch lills : and the l'.iid commiiliun?' s 'lull immediately give notice, by adverlifements, or otherwife, to the inhabitants of tne laid town, to appear before ftr.h commifTcner fo appointed, and give in a lilt cf all the male taxables in cbe ; r refpective families, within t « enty thus alter fuch notice : and en neglect, or refufd, thy perfon or perrons fo neglecting cr refuting, lhall be lubjeft to the fame penalties as fcr neglecting to "'nliil the ! r taxa- bles with a iriagiftrate lor the county, winch (hall be recovered in the tame manner, and to the like ufes ; astheaforr- i ;:d penalties : anJ the lai.1 commilhoners fhall caufe a fair copy of the lilts b* him taken as aforefuid, to be delivered immediately to the fhefitT of the county of Craven; who lhall, within one month after, proceed to collect, the taxes I lid oh the fa d ihhab tants by the comnihiioners of the laid town ; and fliall account for, and pay the fame to the {aid commiflioners, on or before the 10th day df June, ycark ; under the fame rules, reftridtior.s, and penalties, and in- titled to t! e lame emoluments, and fubject to the fame method of recovery, rfs for ncn- payment of public taxes. JIT- And whereas the taxes laid by the ccrmmilfioni rs < f the (aid town on. the inhabitants thereof, for feveral years pa! , remain uneolledted ; and the late and prefent (herd's are in doubt whether they are, by the lavs now in fcrce, to J.ih'.mi ti r the fame : Be it ouclcd, by authority afortfttid, that the prelent ai;d late flberifTs of the county oi Lruven x aie hereby declared to have the lame power to make diltrefs en all ptrfons who sire in arrear for taxes to the laid town as they are intiiied to in tbllecVmg other tnxe c . IV. Proyid in erthcle/r, That iucb fherifjs (hall not talce and receive any fees fcr rfiftrefs fcr fuch arrears of taxes r.n'els the [ierfoi or perlonsld iti arrear lhall riegfec^ to pay the lame within three months after pa (TinT cf this act. V. Aai be it further endcled, bytb? 'utbority aforefahl, That no perfon in the (aid town fhall hereafter be fubject fo the pa\ men; of the town tax, un;;l he hath rtfuled three months in the (aid town. Xll Gr.o?. ge III, lbs 19th of N&vember, .1771. Chap. III. An acl to imprear the churchwardens and 'vi /, rym nor the pdrijb :fSt. Gabriel'/ in the county of Duplin, to fell the Ch be in the fatd -parifh end county. I. \T7i:£REAS the (liuation of the Glebe in the parifh and county sforefiid is fcnr.d to be inconvenient, and the \ V fanie much out oi rerair. 5! - £ it therefore enacted, by the Governor, Council, and A fiembly, endby the authority of the fame, that it (hall and niay be lawful i'pr the churchwardensand velirywn of the laid parifh, cr the majori'y iftbem, owers, and authorities, to all.intcnts aud purpofes, as if iuch commiflioners had been eleiled oh the Ic'daud Tuefday in November laft ; am law to the contrary notwihftandijig. III. Anlbe it furtnr eKac7ed t by the authority aforefahl, that it lhall and may be lawful for the faid commiflioners and they are hereby directed; impn.vered a id required, to lay cat a ftreet from the north fide of Pollock ftreet, at right angles with the eaft and weft c iruers ot the north front of the Palace, to the bounds ■of the town ; which faid ftreet iu laid our, mail be called and k io ,yn by the na'ne of George ttr^t ; and that the ftreet called Eden .ftftet from Pollock ftreet northward, be thencefunb diicontitv.ied ; and the lots next adjoining the [M George ftreet, on the weft tide thereof (hall extend weftward acrol's where the faid ftreet called Eden ftreet, now mas ; and tn'at thofe lots adjoining on tne eaft lide of the fai J George ftreet, be made as nearly equal in quantity of ground as nuy be. ftridl regard being had by the laid conmilfioqerS to the improvements already made by the owner* pi fuch lots, fo as the fame ihall be included within the bounds and limits of the faid lots by them to be laid cat, and the marks and numbers to correfpond with the prelent numbers of the lots in the 1 qua re thraugh whith the laid George ftreet dull be laid out ; and that thereafter the owners of the refpeclive lo.s as now laid down in the plan of the faitiidwri, ihall be intitled to the lot to be laid out of the fame Dumber, and ihall hold and enjoy the fap.ie eftates therein, 33 he or fhe would or could have held and enjoyed, in their refpective luts of theic numbers, if this aft had never been made ; any thing in any former law, to the contrary notwifhitanxjing. IV\ And beit further enafhd, by the auihin.y aforefum, that, the faid centmilh.me.-s after- having io laid put the jaid G 'orgs ftreet, and fet up marks at the c iraers or the feveral (quires in the faid to vn,, Hull hi ike, or caufe to be made, a fair and accurate plan of the faid town, with proper deferiptions. ; which plan ihall forever thereafter be deemed the true plan of the faid town, and be lodged in the .Secretary's office, and onejaireopy thereof be lodged with the clerk of the laid town, by him to be iafely kept, that all persons 'may nave free accede thereto, un the payment of one fliiliing : and if the faid clerk fhall refule or neglect to (hew the laid plan to I'uch perfoys as lhall require foe dame, and pay the fee atorefaid, he flj2.ll, for every inch refufalcr neglect, forfeit and pay the fum of twenty (hil- lings j to be recovered by the party requiring ihe fame, by a warrant before. any Juflicd of the Peace, with coils. V. And be it further (r.acled, lytht authority afore/aid, that lo much of eich and every aft, and claufe of an acl of Aflembly, heretofore mads, as cornea within the purview of this act, is and are hereby repealed and made void. OlAr. XVIII. Anc.el.fzr laying sut fitovin on the lands of Richard Evans, • ; Pirt county, by ihe name of Martin. borough. f. VT7HEPiE:\S the land of Richard Evans, on the louth liJe of Tar river, in Pitt comity, hath been reprefented vV to this afi'embly as a convenient place for trade, and the inhabitants of the faid county being defirous that 3 tew'u (hould be eftablilhed thereon: 11. Be it cnac7ed by the Coventor, Council, c,r i .' ffeml-ly , ciV.lythe auihor'tlyofthc fame, That f> foon as the faid Richard Evens lhall fignify-his cenfent in open court o! the faid county of Pitt, to have one bundled acres of Isn i la id out for a town, as herein afteris dire&p.d, it (hall andjnay be lawful for IVyriti (firmond, Kjghard Evans, Charlts Forbes, Henry Ellis, sv.u Cei'ge 3vai{S, Gentlemen, or the majority of them, whoarjejiereby nominated and. appoin- ted conjmjffioners, with full power and authority to lay cut the (aid one hundred acres of land on thefoxuh tide of Tar river for a town, by the name rttord, and other pwpi'er ; or in one o- ther acl of Affernbiy, iiitjtkd, /in a*7 to c&winue-tan-adl, intitled, an aft for enlarging the time a! hived for /living l.t; in the town »/ Hertford, und other purpofes, and to eflahUfh a ferry from the town of Hertford, on the welt /ice ofPez. quimons river, to Newby'-t point on the -eaftfide the /aid river, within the fpace of- five' years next after tne palling of this a£t -; and alio every lat therein wl ich lhaN be hereafter fold or conveyed, on which fuch houle (hall be erect. s.i, w)th a the fpace oi five years niter the date of the conveyance executed for the fame, (hall and is hereby declared ro be veiled in the grantee thereof; and his heirs and aSigns, io»fee fimgle> ; anything contained to the contrary in any o; t ;e faid rcc ted afts, notwithlianding. III. A-ulbc ii further en el.-d, In the authority afotvfaid; that when anylot i:i the faid town (hall hereafter lapfeby rcafoii of its nor being bailt o •, the d. rectus and trrutees of the f»id town, or the majority uf them, fhill and may, a.i 1 they are hereby direcled-acd rtq w •<=■;!, to fell I'uca lot at public vendue, lor the belt price that can be got and to giye theptirchaler a deed 01 bargain J'ul fate for the lot t^y him lo purchaied, IV. And whereas there arc leveral los in .he f d town which have never been diawn in manner directed, by law be it further enafii d, by U. e auti ority aforefaitt, thatuhe directors hereafter appointed, and e.-.cli and either of them, ai\: inpowered andreq lired to take fu'ifcr p.ions lor the laid lot,, or io many of them as lhali be fubfefibed for within fix months ater the palling pf thts act ; and ■vlv n tne directors have taken fuch tublcriptions, fnall appoint a day, and give public notice to tne fjbfcrihers of the day appointed, ;or drawing the laid tots, which flull be done by bailer, in a f a r a. id open man ler by the direction, md in the prefence of the majority of the fa,d directors ; and luch fub* Jcriber lhail be in i .ieJ to the lot and lots which lhall happen to be dra.'.n for him, and correipond with the mark or nu uber contained in the plan of tne laid town: and the directors, cr a majority of them, lhall execue and deli- ver deeds for granting, and conveying the faid lots- to tht fublcribers, their heirs and afltg'ns-, forever, and al'o to every other perfon who lhall purchale any other loi.-or. lots ii: the laid town, at the coft and charges. of the faid grantee, to whom the laid lot or lot:, lhall be come eo. ; and every per on claiming any lot or lots by virtue of any iuc'n conveyance lhall and may t; -.id and enjoy the lame in fee frnpfe : and if any lot or lots fiiOoid not be lub- fcrbd for, and drawn in manner by this afi. directed, the fame lhall be fold at public vendue, by direction of the direaors, or 1 11 jontv. ot them, and deeds lhall be made for luch lots to thi belt bidders refpeenveiy, in the lame . ru-i.ier as for fuch lots as may be drawn as before directed. V. And he it further eniileiL by the authority of orefaid, that each refpeclave lubferiber, or purchafer of fuch lot or lots in the fail io>vr, (hall, within one month atter itihall be aiceitained to whom eath of the fn:d lots doth be'otio- in manner herein before m^Htioned, pay and fatisfy to the laid directors fort/ fiv^e (hillings, proclamation money, for each lot ; forty liillmgsot which fam (hall be paid over to the heir at lsw of the laid Jonathan Phelps, deceafed. in fui! fatisfacrkrtl for tin laid 'and, and the other five IhilHngS Ihdl be applied towards defraying the e'xpence of laying oft' en J improving the laid town, as a majority of the directors [hall think prop r : and in order to do jtiftice to' the heirs at la*- ot toe fai i jfihuthan Phelps, ior fuch lots as may be fold at public vendue, there fhall be paid out of the fa|e of fuch bts the w.iule amount of the tales, if not more than fony /hillings for each lot, on an average ; and thac al! above tuat fu n Ih ill be applied by the directors for the benefit of the laid town, in manner as by this'acl directed. and in cafe of a re "ufal or neglect of any ot the fubferibers or purchalers of lots to pay their refpeclive fum ,, the faid director's lhall and may warrant or fue the perfon or perfons (according to the dignity of the debt) in their own names, and tLerein lhall recover, with coft 3. VI. And whereas the plan of tr.c laid towrt h thought to be incorrect and uncertain; be it enabled, ly the CUihority aforefaid, tha- the directors', or a majority of them, lhall have full power and authority to meet as often ae ttny ih .Ii think neceflary, and caufe a re-furvey ot the faid town, and a plan to be made from the faid re ftirre/, and therein to in/ert a mai k or number to each lot, and fh ill give the courfes and dilbnees of e.:ch leveral ftreet ar.d loi in the faid to.v.11. VII. Provided never/ Me fs, that if any houfe hath been built on any ftreet, lot, or common, in the faid town, contrary to the intent and meaning of the feveral before recited afts, the proprietor of fuch houfe lhall not be injured by the laid re-forvey ; but fuch houle, and ttic ground; whereon it ftaad*. lhall, atiu is hercbv declared to belorjr to It 66 i e laid" proprietor or -proprietors, his, her, er their heirs or amgns; any tl.irg of the before recited :c"s to the eoivrarv iiocviithltandmg. Viil. And v. hereas m the plan of the faid town, leretofcre taken, there is common ground left between the ftreets and the river, wherejyarehiaUfcsand yi barfs might bebjjili) for the bent/it and convepiei c< rj icir.nerce; be it enaded, by i'h'e authority afirefaid, that the directors, or a majority of them, are impcwered n a iVqmiec, t« t' ,1 fuch pieces of ground as may be confideicd the comrodhs tt tht faid tciv n, as fhail be by th'n jiidged c< nveaicntlj fi- tvated for lucii buildings and improvements, at public \i\ due, to the higl eft bidder, .1 d to nuke j tl\ er ctc\ s and conveyance!, for the fame ; and the money arifing from Jucri iale, to be applied t< wards the benefit of the bid tow n. IX. Provided nevcrfhelefs, that whenany lot has been heretofore drawn, fold, or conveyed, and is new tie pro* ■reny of any perfon or perions next oj polite to which inch li ts or lots belong, on ter.deiing md paying to any ci e or more, ot the c :i etiors, within fin months after the psiTmg hereof, the tin, ot twenty iinlliigs, proclamation- mo- ney, the directors (hall make and execute a deed er deeds for them, in the fame manner as -is before directed, and the money to be applied a- herein before d.recLd. X. And be it further enabled, by the authority aforejaii, tint the directors, or a majority of them, fball, on appli- cation of any perfon or perions who hath already laved, or {lull hereaf:er lave anv lot or lots within the faid town, give fuch perfen or perfons a eertificate ol the lot or lots havi g been fo faved, agreeable to law ; wtiich (hall betproved or acknowledged, and registered in the faid county or Perquimans, at the proper coft and charges of she perfon or perions 1 ecru ring fuch certificate ; and the faid lot or letsihall thereafter beheld, deemed, and taken to be fuificicntly laved, and (hall continue, to be the property ofthe grantee or grantees thereof, bis, her or their hens or affigns, for ever ; any thing in this, or any ot the before reched acts, to the contrary, nut* ithftandino-. XL And be M further enacTed, by the author itysifirefuid, that it tiiall and -maybe lawful for the inferior court of Perquimans county, and they are hereby directed and required, within fix months after the-pi.ffing of this ;ct and from time to time thereafter as occafion may require., to appoint an'overfeer to work on tl e Itreets and .,!l t s of the faid town, who Jhall have equal power and authority, and be liable to the like pains and penalties, as other over- feers : and ihe inhabitants of the faid town fhall, at all times hereafter, by'ordi r cl the overleer, woi&on the i'lccts and alievs of the laid town, in the fame manner, and ui tier the fame j enalties, a: otbi rs are h.iblc << , 1 and b aB ectbf Allembly, intitled, an acj to importer the inferior courts of the)feveral counties in this t-rovi* c toofdii it laying out of public -reads, and to eftoblifb and fettle ferries, and to appoint where "bridge* /hall bt I It j t tht ujt art ,,; f the inhabitants o* this province., and Jo clear navigable • rivers arid creeks t anu the overlei ei and nh'abitahis of tfiew faid to .vn, fhall not be liable to work on any otiier road hereafter ; any lav, utage, or cultom, to the contrary ; .t \\ ifhftanding. XII. And be it further enacjed, by the authority ifortfaid, that the bverfeer; within fix months after his appi r. meur, fhall caule ail perions halve to work on tbe Itrecis anel alie\s ot me fatd town, to n ake a lutficieni iVi.ee from and to the water, on each (Lie of the 1 tid to.vn, in ;he molt convenient place, a.ii (h ill hang a \i rl ei and Obnipaav, for the time beLg, fhafl, ^rom time to time, and ai all n nes thereafter, keep the laid fence and ga'es in gotd and iif« ficient repair, under the hk« fines aid forfeitures, as for ftegleefrug to workon-tue lireet* and alky s ol" the find town. X II. Arrdbs it further e- acled, by the auihority afore/did, that no inhabitant of the faid town (hall, on any pnw fence whatfoever, keep any nojr or hogs, Ihoat or pig3, running at I .rge within the bounds of the fa d town, on \ a, ralty of forfeit ng and payirg the fum ot twenty (hillings, proclamation money, 10 the party aggrieved; and further, that it (Hall and may be lawful for any perfon whatsoever, after the hVtt day of January next, to ihoet, kill or other- trite detii'o\', fuch hog or bogs, (boat or p - g, fo running at large in tbe laid tov, n. XIV. Provided ?/wd_jw, that the perfon or perfons killing fjcti hog or hogs 3 ihoat or pig - , fiiall not be intitied to them ; bui the fame Jh ill continue the pfoperty of trie owner, whomay take me lame tokis, her, or their ufe and beT.eir. .. And whereas fereral of the directors of the faid town are -rleid whereby their offices are becoi>e vata'it ; Be it further enaeled, by the authority 'of orefaid, that from and after the palling uf this act, Seth Sumner, li'i'Jiam .5i;n. acr, Andrew Knox, Nathaniel Williams, and Thomas Harvey, be, and are hereby appointed directors cf the faid taw n, a s chcLid county, to be 6r ••tt.cV.ed and accounted al and lie o h p ed upj as to render the pa'flage ot crafts bothditficuh and dangerous ; ar.d as ti;e laid diiadvanta- ges may be eali y removed, by cutting a canal through a frfialj ueok of land called Harper's, the proprietor thereof un- ■k:.o- 11, which the inhabitanta are < illing 'o p. rferm at their own expence. JI. Be it therefore* em£&d, by -the Governor; C01.mil, ond Afflmbly, ar.d by the authority if the fame, that Lemuel Hatch, E mond ti tch, aod Emanuel Simmons, be, ar.d are hereby appointed commUfioiiers, ft r laying out and di. reeling the execution of me laid canal; and they, or any of them, are hereby invefted with full power and autheri t to fee the lame carried into ext cuticm, « r.hout 11 curring ai,y for leiture or damage for cutting the faid canal tlircuen the lands of any per'oaor perlons whatsoever ; any law, tifage, or cufhom, to the contrary, riotwithftanding. Cha?. XVII. An additional aQ to an a&, intituled, An aft (or eft'ablifhing a fchool houl'e in the town of New- bent. p. 49. I. VXJBERjEAS the incorporated focrety for promoting aid elfablifhing the public fchoc 1 in Newbern have ta- V ► ken up Kur lots-of land, lying in the€aid town, known in ihe plan thereof by the numbers or figures -,13, 327> 3:8, and 329, and are contiguous to, aid in the fame fquaie, in \\\ ich the laid lociety have e/ected a large and convenient tmildjng, for ihe ule and accommodations cfthe mailer and Ichol.irs of the laid fchool; and it being inconvenient that any other building, tufhYient to lave the faid lots, flu tiid be erected on the fame : II. Ueit therefore? etm£ea\ by the Governor, Council, aiM lAffembly, and by the authority of the fame, that the faid building already erected, ihall be held, deemed, and taken to be a fi nic .cut laving and improvement ot the laid lots number 3:3, 327, 323, and 329. wkiiiti the extent andiaeaning of the aft of Afiembly in fuch cadi made and provi- ded ; ana Hie la d four lots aie nereby declared 10 be laved and improved lets accordingly, and veiled in the ti uftees of the faid incorporated lociety, ar.d their luccclibrs, forever, in truft and .confidence, to and for the ufe of the fa.d ichcol ; any aft or acts of Aflembly tothe contrary notwithltanding. Chap. XXII. An a$ for ijiailifbing a- town on- tile land of Haze Jones, lying on the mrth' weft branch of Cape. Fear truer, in Bladen county. I- \T7HEREAS it hath been reprefented to this AlTembly that the land of Ifaac Jon ft. lying en the fcuth veft VV fide df the north we^ branch oifCftpe-Fearrivpt, in Bladen county, is a healthy p'calant fituation, well v a- tered, and commodious fcr commerce; and ftmdry perfons of noteare deiiro»is that'a tewn (hould be'crcclcd'tii e n, for promoting the trad* and naviga .en of the laid nvcr ; and the laid (fat c Jonei havii £ ftgnified Lis Ijte « 1 (cut 63 thereto, by a certificate und=r Ills hand nnH feit, to have cr.e hundred -seres of the fard land laid off lor a tovr>. 1 . Be it tber-fore enacled, by the Governor, Council, and <' v. e. v. as or were formerly granted ; and the money arifirtg from fuch (ales to be applied by tne laid directors, or a majority. cl.taem, lonhe benefit, and i-nprcve- n ent of the faid town. V. And be it further smiled, by the authority afirefaidi that eacn respective fubferiber, -who (hall fubferibe for any lot or lots in the laid town, Ihall within one month after it Ihall be afceruin d to whom eacn of tlie faid lots doth be- long, in manner herein before mentioned, pay and fr.itly to the laid directors, or to one ot them, the futa of. forty {hillings, proclamation money, for each lot by him lubknbd lor ; and 1.. c.k of the reiul'al or neglect of , any fub cri- ber to^pay thefum, the laid directors Ihall and may commence and pro.s.uie a fun in their own naves for the fame. and therein (hall recover judgment* with colts ot fnit : and the. la'td d, rectors, (ball, as f< on as ti.cy receive the laid money, pay and fatisfy the laid h'aac fanes-, his he rs or alligns, t.ie lum or thirty five (1 tilings, proclamation money, for each lot, in lull latisfaction for the laid land ; and the other five failings (haJI be applied towards defraying the cxpence of laving off and improving the faid town, as a majority of then. rectors Jh.ll t' ink proper. . VI. Provided net'erthetefs, that tn° laid 1/aac Junes (hall have and keep tohiso.wi ufe his tan yard, mill and bark houles, with luch lo:s as he fiiall chcofe adjoining them, not exect ding foui lots, exchiiire of the laid one hundred acres; an J that nothing in this aftcontaintd lhail be coniirned ores. end to grant power to the faid diredors, or th-ir jure Aprs, or any other freeholder of the laid town, to keep a push* ierry at the f.iid landing, to to be appointed by the fa:d directors, in prejudice to the terry of the (aid lfuac Jones, now b> law ellabhfhed : and in caje it ihould .here- after be found nccefTary to erect a public or other terry at the laid lauding, the r ght of keeping the farae (hall remain tothe faid lfuac J»nes, his heirs or afhgns, until he or they (liail rtfule to comply with the lei ms by law prelcnbed for ei ectrag and keeping public ferries. VII. And for con;inuing trie lucceffion of lhe directors until the (aid town fiiall be incorporated, he it further wait- td, hy the authority afm (aid, in cafe ot the death, or reti fal io act, or r< nioval out cf the c< unty of any t J il;e fa'd di- rectors, the furviving-or other directors, or the major pin t o! them, lh ill alfemble, and are hereby impowered, from time to time, by iuftrument in writing under their refpecf.ve hands and leals, to nominate i'o.ne other perfon, being a freeholder of faid town, in place of him (o dying, refufingto au, oraremovrng out pftbe county ; wnich new du ie:t.r fo nominated and appointed, Ilia 1 from tnencetortn have the like power and authority in all things in the mat. ter herein coi taineei. as if he had been expielily named and appojiited m and by this act.. . The reji Qb/olete. GilAP. XXXlir. An acl for creeling a public gaol, and gaoler's houfe, in the tovin of Wiliningisii, far the Hffriel of Wilmington. I. VT 7KE^EAS no public gaol hath been heretofore erected by law for the diftrict of Wilmington, and it bein-r ne» VV ceffary that a public gaol, and gaoler's houfe, fhould be ere&ed in the town of Wilmington, for the iajo ui- ftrici : II. Be it emcltJ, by the Governor, Council, and /Iffembly, and by the authority of the fame, That Cornelius Harriett, John ytnerum, ar,J Robert Hogg, Enquires, be, and are hereby appointed truitees, for dtfigning, contracting, buildin;-; and finishing a- good and fufficient gaol, and gaoler's houfe!, of good brick or (tone, at forte Convenient place in the faid town, a; to them, or the majority of them, or their furvivors, (hall feem raofl proper; which faid gaol ?.v.d gs.iler's 'icu'e, when Co erected, mall be, continue^ and remain the public gaol, and gaoler's houfe, of the feveral counties within the dillnci: of Wilmington afore faid. III. IV. 6 V. Obfolete. VI. And be it further enacled, by the authority aforefaid. that the lot of ground in the town of Wilmington whereon the county gaol now (tands, togetlur with ail the buildings thereon, are hereby veiled in the aforefaid tniftees, cr the majority of them, or their furvivor.% to b^ by- them laid ac public vendue, if they (Kail judge it necefiary, who are hereby impo.vered to make a good and luihcient title to the purchafer or purchalers for the fame ; ant' the mo- nies arifiiig therefrom to be by them applied towards purchafing another lot or lots in the laid town, for'erectinff thereon a public gaol for the diflrict aforefaid. VI'. dnd be it further enafltd, fa tie authority afc.i cfai.l, that after the faid gaol (hall be fiiifivH, It flia.il andmaV' be lawful for the Magiftratcs, or either of them, within the faid diflrict, before whom any offender fharl be examined", il he or they think it necefiary, to commit fuch offender to the aforefaid gaol : and the fli'eriff of the county for the ting, where fucli lender fliall be apprehended, is hereby authorized and required to convey fiich offender te fchefaid gaol, and deliver him or them to the Iherilf or keeper thereof, and take a receipt of fuel! Iheiiifor keeper, which Ihailhe his d fcuarge for fuch offender. VIII. And b-s it fitrttyr euafled, bv the authority aforefaid, that after the faid buildings Hull be fimlhed, the the rift" of the cjunt,' o; Neo-llMio.-er,. for the ti ne being, is hereby directed and required to employ fome per fan of j;i. tegrity to be keeper of the faid gaol j who (hall conftantlyrefidein the faid gaoler's houfe, and take all lawful svays and means for preventing the efcape of prifjners.. Chap. X the train cf Windfar, for erecting a court houfe, prifori, and Jhcks t for the county of Bertie, in the J aid town, and other -purposes. *■ \/>\/HE.REAS fr0,TI mm V ""avoidable hindrances and difappointments, it hath been found impracticable for the VV inhabitants of the town of Wind/or to coinpleat their buildings on their relpective lots within the lii mitcd by law : II. Beit theref re ena let), by the Governor, Council,- and Affcmbly, and by the authority of the fame, tharevery Ibl in the laid town, on whjch a houfe fliall be built, of the dimenGons mentioned in an act of Affembly, intitule eel for ejiablifbing a town on the lands o£ William Gray, on Culhie river, in Bertie county, within two years . paflmg of this act ; and alJo every lot therein which lhall be hereafter fold or conveyed by the directors or co oners cf the faid town, on which fuch houfe fhall be erected and built, within the fpace of two years after the date of tfee conveyance executed for the fame, lhall, and is hereby declared to be veflen in the grantee thereof, hit he rg iud aihgns, in fee fimple), any thing in the faid act contained to the contrary ntewithftandi ig. HI.. And hi it further enacted, by the authority aforefaid, that when any lot in the laid to ,vn fhall hpfe, by rekda 7° of its not being built upon, the directors or commiffioners of the faid town, or a majority of them, fhali and may, and ihey are hereby directed, impowercd, and required, to fell iuch lot at public vendue, for the belt price that can be got ; and tne money anting fiom fuch tale, to be veiled in the dueftors or commiffioners, for the ufe of the faid town ; and the directors or commifjioners lhall give the purchaler ot every iuch lot a deed of bargain and laic, for the lot by him fo purchafed. IV. And whereas the fuffering of hogs to run at large in the faid town is found to be injurious to the properties of the inhabitants thereof ; Beit therefore ena fled, by the aid ho r ity aforefaid, that none of the inhabitants ot the laid town fhall, one month after the palling of this act, 1 uffcr any of ther hogs to run at largr within the bounds ot the faid town ; and any hog or hogs running at large, (hall be forfeited to the commiffioners, and the fame, bv an order from one of them, under his hand, directed to the conltabIe ; to be by him fold to the highelt bidder, for the benefit of tne laid town. V. And whereas div»rsof the fubferibers for lors in the faid town have neglefted to pay the feveral fums by them fuhlcribed, whereby William Cray, Efquire, the original proprietor of the laid lands whereon the laid town ise- rected, is greatly injured ; Be it therefore enacled, by the authority aforefaid, that it lhall and may bo lawful tor the faid William Gray, his heirs and alliens, to demand payment for che ieveTal fums which are ftill due and owing to him for lots in the faid town ; and in cafe any perfun, from whom the fane is due, fhall retofe or neglect 10 pay the fame, it (hall and may be lawful fcr him the faid William Gray, hisheirsand alligns, to recover all fiich funis, with coils, by warrant from a Jaitice of the Feice, who is hereby impowered to give judgment, and award execu- tion for the fame, in the fame manner as in the cafe of warrants from the recovery of other debts ; any law, ulage, or ctiltoni, to the contrary, nctwithftancing. VI. And wiiereas the court- houle and pnfon in the county of Bertie aforefaid are in a ruinous condition, and the Juflices of the laid court, and the officers and luitors., jurors and others, whofe attendance at the fame is by law re- quired, are fubject to great hardfhips and inconveniences, for want of proper acco nmodation and entertainment at the place where the faid court-houfe now Hands : for remedy whereof, Be it enacled, by the authority aforefrid, that "fiom and alter the fir ft day oijune next, the court for the faidcoun y fhall be coiltantly held, on the days and time* by law appointed, at the town of li'ind/or aforefaid : any law, ulage, or cuftom, to the contrary, notwithftand* jng. VII. /Indbeit further enacled, by the authority aforefaid, that after the aforefaid fi, ft day of June, all appearances and returns of procelw fhall be made to the laid court, in the tow n of Windfor aforefaid. There// Cbfotete. Seep. 54. Chap. X. s"n acl for ve/iing in certain perfons theiein named t-xo acres of land, at Belville, in Currituck aunty, 4.' trujiecs for creeling a chap I thereon, and for inclofing a burying ground. I. VT7HEREAS many religious and well difpoled perfons in this province have agreed among therafilves to build \ V and endow a decent and comaiodous chapel fir ihf perf rmance ot divine worlhip, accenting t» the term* of the church of England by law eftablilbed, and to indole a certain piece of ground contiguous thereto, for the pur~ pofe of a burying place, and to provide a fund tor the maintenance ot the poor. II. Be it therefore enacled, by ihe Governor, Council, and J/fembly, and by the authority »f the fame , that two acret -of land (now the property of Tuomas M'Knight, Etquire) finiate in the county of Currituck, at a place called Belville, and bounded as tollows, viz. Beginning at a ceoar itake, and running thence by a line of Hakes round the faid two acres to the Srlt ftation, be, sad lis .hereby veiled in Thomas "I'/VnJgtt, JfaacGi tgory, James Parker, Francis Willi- tmifvi, Solomon Perkins, IV.kham M'Cormici, Ntil 'inodgr.afs, William Kerebee, and Thomas King, Elquire?, and their fuccell'm, for ever : v\ ho are hereby co; ttinited ar.d appointed iruftees for the purpofes herein after mentioned, that is to lay ; to inclofe the faid two acres of land, and to 1 mild thereon a commodious and decent chapel, to be called and .known by the name ot St. Martin's chapel ; and 10 receive and take all Iuch voluntary fublcripuons and do. nations', as religious and public fpirited pe'rfbrjfl may think proper to beftow, for the purpoie of building and endow- ing the laid chapel, for inclofing of the burying ground, iJid providing a fund for the maintenance of the poor : and the laid troftees, and their lu:ceffors, are hereby impowercd to agree with and employ, from time to time, a mini- tt^r cf the.church of £«/>: ^7T7HEREAS by an a£t, intituled, An aft for dividing the county of Mecklenburg, and other purpofes* , the court V* of the county was directed to be held in the court houfe then built during the term of (even years, which faid term is near expiring j and it having been repreiented Mat the removal ofthe feat of the court from the (ad court houfe, and the difpofaj of the la ne, agreeable to the before recited aft, would be inconvenient to many of the inhabitants of the faid county, and difcourage the trade snd commerce of the (aid town : II. Beit therefore enaclid, by the Groenor, Council, and AJfembly, and by the authority of the fame, that from and after the p • (ling of this act, the fa'd court-houfe already built in Charlotte town, be, continue, and remain the ccurt- houfe of the faid county of Mecktotfmrg, and the inferior court ofthe laid county ihall hereafter be conitantly held therein ; any thing in the laid act contained to the contrary notwithstanding. III. And whereas the frequent hrng of guns, running horfe races, and playing at long bullets, in the faid town, is found :e have a dangerous tendency : to prevent which, Be it enacled, by the authority aforefaid, that from and afterthe palling hereoi, no pcrfon whatfoever fliall (hoot with a gun (except it be to kill cattle or hogs) or immoder- ately ride or (train any horfe cr horfes, or play at long bullets, within the limits of the faid town, under the penally of paying the fum of twenty (hillings for each offence ; to be recovered by a warrant, before any Jultice of the Peace ofthe teid county, by one of the rruftees. IV. And whereas by an act, for efiablifbing a to-.unin Mecklenburg county*, every perfon having a deed for any lot in the faid town of Charlotte isrequired to build a houfe, of the dimenfipns in the faid ad fpecihed, within three years after the dice of the conveyance for the fame, » hich is found to be injurious to the inhabitants of the laid to.vn ; Be 7t enacltd, by the authority aforefaid, that no perfon or perfons (hail forfeit his or their lot or lots for ret building on the fame, except fuch lots fliall front on one of the main Streets in the faid town; any law, uiace, or culton, to the contrary notwithstanding. & V. And Le it further enacled, by the authority aforefaid, that every taxable perfon in the faid town frail be obliged :.to work . an trie itreets thereof ltz days in every year, if required by the overfeer, or find lome perfon to work (or h.ra, under the penally of hve (hillings for every day he ihall refuie or negledt ; to be . .covered as U herein before direcifd. ° VI. And whereas fome of the trustees ofthe faid town are dead, and others removed out of the province , Be it enadea ■ bythe authority aforefiid, that Jenmmh^Caff.rty, Re ben E Lot, William Baterf on, andjfaec Alexander, be added to the trufh-es formerly ippvntcrf, and they are hereby im tiled with the lan.e powers and authorities as the ether trulhrj ; any thi ,gt r-the contrary notwithstanding. VI! And he it further cycled, bv the authority afortfut'd that all fines arffing in virtue of this acl, fhall be a- plied towardsx.eai mg and repairng die ftreets in the laid to, ,ti of Charlotte. "M. C. L. i/68 10 zai. \p. 55. neofthe faid Riciurd Evms.; and Su/annab.awnJ, Qfc widow aadteM of the Iwd&Mifelw, »i Whom the fcc.ftmple.of the laid lands was verted, after his dea.iJV, ia order to (Comply with the. intention'* the laid ad, hath conveyed the laid lands to the commiffioners of the laid town, for the purpofes in the faid act eiprefled; ii. Beittterejore\ena&ed t by the. Governor, Council, md;4ffcmbly, and ky the authority of the fame, that the lands laid 'out and appropriated tor the faid town by the commiflioriers mentioned in the aft aforelaid, Ihall be, and is herr- b , . ,. | ir6 d as effeauai, as if the cot-lent of the faid Richard Evans thereto had been previouliy obtained ; and that ail deeds and conveyances made by the commiffioners afp.rjefaid.pf any lot or lots In the laid town, JhaJJ- be, and are hereby declared good and vahd in law to convey the fee fimple of the fame to the purchafers,. their heirs and afligns, 1)1, And whereas it would be cf general utility to the county of- Pitt, as well as of lingular advantage to the faid to vn ant 1 promote the tnade aid commerce thereof, it the court of the la d comity mould be held for the future m th- laid town, on the days preferred by act ot Afi'cinbly ; Be it enacltd, by the authority tforefaid,. that Charles l'1;, { Henry Ellis Benjamin May, George Evans; and William RohertfoH, be, and are hereby appointed comniiihuiv- ers"- and ihey or a hwjoiity of them, are hereby authorized snd impowered to agree and contract with workmen to remove the court- home, prilon, and flocks, from wj>ere they now itaud, into the, laid town of Martinbbrough, tm fuch parts of the lots lei apart by the commiiiioners for that purpofe as tothe.n Ihall leera moll proper : and the Jmh- ■ fai ' c • intyoS Pi'/ may, and are hereb.< required, to bold the court of laid coon y at the houfe of Mr. I ih; in the laid ioaii, until the court houfe mail be tinilhed ; at which time the laid Juftices (ball adjourn tlvc court to the court hjui'e. . . ' [' ' , , ' . . , I V. s hereby i npowefed to collect aaid make diftrefs for the fame, in like manner as other collectors of pubic ■>. county taxes fliall be nnpo^ercd by law ; and the money nrifing therefrom, after deducting five per cent, eommiffions, (hall by him be paid into tl e hands ot t lie com- -mifiioners, or a nidjo-ity of them, to be by them Applied and laid out in clearing and repairing the public (fleets, lanes, and allies, and in anv other pnblic work they may judge neceiTary for the benefit oi the faid town. V. And be it further eaacled, by the authority afore/aid, that the inhabitants ot the laid town .(hall, and they ar,3 hereby required, to gn'e in a lilt of al! the taxable perfons in each of their relpeciive families, on oa:.h or affirmation, to fome one cf the cg nmiifiopcrs aforelaid, between the fir It and fecond TuefLys m j.wein every year, under tnje penalty of three pounds for every neglect ; to be re.O.vered by warrant under tne hands and feals of the conmillion- ers of the laid town, or the majority cf them, to be applied to the public flock of ihe (aid town. VI. /indbeii enacted, by the authority aforefaid, th.ii all per Ions redding three months in the (aid to >vn next before the fnft Tuefday in June in every year, (hall ..forwards be fubjeft to p..y taxes in ;hc (ad town. VII. And be it further cradled, by the authority efore/aid, that no pel fon Ihall after the pafling of this act be obli- ged to woi lion the ftrtets or other public places iu the faid town, or to pay any other to, vii tax but fuch as it herein before mentioned. VIII. And be it further enacted, ly the authority aforefaid, that no inhabitant of the laid town fliall, on any pre- Ten'ce i whatloeVer, keep any hog or hogs, llioat or pig,- 01 any geele, running at large within the bounds of the faid town, on penalty of forfeiting filch hog or hogs, fhoat or pig, or geele, and paying th~ Jinn of twenty Ihiilings (or ■two and one Bill dollars) to the party aggrieved ; and further, that it l.lull aid may be lawful for any perfon whatc- ver alter the tenth day of Jane next to /hoot, kill, or othenvjle dejlroy, Juch bog or hogs, ihoat or pig, or geele, fo running at Isrge within the faid '.own. IX. And to prevent dangers ari/ing by fire, Be it enacted, by ihe authority aforefuld, that each and every houfe- holdfr w irhin the faid tow n of Tdiilfi trough \\ all procure, or caulc to be procured,, two .(ulTkient leather bi ikets, and a ladder, nrx\ keep the fame'ln c'br.tirual rcadinjls againli any alarm that m.-rv be given, occaiioned by the breaking but of lire at rfny time in the falci Eon^n, on penalty ot paying twenty millings, X. An J whereas t'le too frequent cuftpjn ot itniaodcruiS Fidi'ig of uorlo ,n and through the laid town is fotj.id to 75 have a very dangcrcirs tendency :1o present uTiich, Be it enacltd, by the tnih-.r'rtv *fa*J$4) tl at no per r on or rtr- foiu from ar.d fcf.tr tl.c polling L.t ihi.'- .ift, on any pit tenet whufoever, h:al! imnu.c'eratcly side or drain my liorie cr marc in or through ihe faid tUWOj or any oi theiirects thereof, o:i penalty ci forieiting and raying the ium five fhillirg* for each and every offence ; to be recovered by warrant under the hand and leal cf any juftice of the Ptate of the laid county. XI. And be it tnecled, by the cuthoiity aforefaid, that from and after the p-fiiiip of this act, the inhabitants of the town of Hillfcorough are hereby requited to meet at tl e ccurt-hcuhe in the laid town on tiie firft Tut/day in Seftembtr in evtry year, then and there to chooie five conimilhoners for the (aid town ; which liull be elected by ballot, under ihe infpection of two pet Ions, to be ciio'.e by the ireel.o>ders of laid town lor that purpoie. XII. And be it enacted, by the author: y aforefaid, that as loon as thef^ elecled ate qualified to proceed oubnfine's, that the fori: er commiffiotiers are hereby required to give-up what money remains in their hands of the town taxes ar.d renthr mi account ot their proceedings to tie new comuiliicntr» ; and the commiffioners for laid town, ftom and after the palling of this aft, are required tokeep the town cunmon open for the benefit of the tow n. XiJI. ,-jk.I br it further enabled, by the authority afore/aid, that the fiieth, feventh, a::d fifteenth feclions of an act, intituled, An acl to amend an act, for tjfablijb'wg a tOJjn on the land jorrnerly granted io William Churton, /) teg *» the north fide the river Ence, in tjie county o/"(/ran^e, pafied at Npwiiern the third day oi' November, one iuoul«ii)vl feven hundred and tixty fix, /hall be and remain in lull force and virtue, p. 47. Ci'AP. XX. An e.cl for incorporating the- prefdent and trvfees of Libert)- Hall, in trie county of Mecklet.btirg. I. V^/r'EKLAS the proper education of youth in this infant country is highly ncceflary, and would aniwir the \ 7 n.clt \aluahie and beneficial purpofes to this Hate, and the rood pecple thereof ; and whereas a very pro. ■mi ling experiment hath teen made at a leminary in the count) of MecUenlprg, and a number ofyouths there taught have made great advancements in the knowledge of the learned languages, ;:nd in the rudiments of the arts and fcituces, in the cot rle of a regular and finiihtoi education, which the) have iince con pleated at various colleges in diiiant parts of Ameftch ; arcl v.J.cicas the leminary aforefaid, sr>d the fevc-ral teachers who have iucctllively tauniit and pre titled therein, have hitherto been almoil wholly iiippurted by private fiibllripticvns : in order therefore that the fiid fublcriptions •->.n aiucled, by the authority 4f.rfl.jd, that Ifuac Alexander, prefident, and MefT. Tffmnas Polk, Thomas .\e.l, Atruhum Alexander , IV aightj rill Awry, Ephraitii Eicvard, Dfv'td Calivitll, James Edmonds, John b-dmpfon, Thomas Reis A AdU\i Cfborn. 'iamutl RfiCorkk, f) 'phn M'bhidt Afekcrider., Thomas TrFt til!, and 'James Ihvl, be, an i they ;rc hereby formed and incorporated into a body politick and corporate, by the name of pr-fldem and trufhes cf Liberty Hall, and by that name (ball have perpetual fucctflion, and a common leal ; and that they tiie faid prefident ar.d trufreet, and their lucceilors, by the name aforefiid, or a majority of in em, flial'i be able and capable in law to take, deinan J, receive and polfefs, all monies, goods and chattels, that (nail be given them fcr the u!e of the laid Academy, and the lame apply according to the will ot the dorors ; and by gift, pui chafe er devile, to take, have, receive, pcfiefs, enjoy and ret-dn, to them and their lucceficrs Icr ever, any lands, rents, tenements and he- rcdit miei.ts, of what kimj, nature, or quality kiever the fjme may be, in fpecial trult and confidence that the fame, cr tiif profits thereof, (hall be applied to and for the ules and purpofeb of ellabliiliiiig and endowing the faid Academy cf Liberty Hull, in the county 61 Mccklh'fl>ura y building or purchaling hutalile and convenient houles for the f.ime, providing a philolbphica! apparatus and public library, and luppo'rfmg and paying ialaiiesto the pre'ident, and fuch r.unber of pio'ieiiors and tutois thereof, a>. (hall be aeceuary to mltruci thelhideuts, and they lhaJl be able to p?y out of the public fu:id8 that (lull be ia their hands. IV. And.be it enabled, by the authority a for tf aid, that the faid prefiJent and truftce?, and their fucceflors, or a ma. jcvity of then, by the na ne aforefaid, fh.tH be able 'and capable iii law toba( jaih, fell, grant, dem.f.-, alien 01 dif- pcfeoi, andccn\ey and allure to the purchafers, any [itch land r , rents, tei.rmenis or hereditaments afcrcf.dd, when the condition of rhe grant to then), or the will of the devifor, does not forbid it. And further, that they the laid prd'Hent and trnitecs, and their luccefrors, tor ever, or a majority of therr, lhall be able ar.d capable in law, by t ; ie name aforelaid, to lue and in.pkr.d, be lueil and itupleadeti, aniwrr and beanlweied, in ad courts of record wiiati'o.'ver. V. And re it furfur tvacled, by the authority aforefaid, that the faid president and trufltesbe. ar.d they are hereby rid, autc.oii/ed au'i required, to convene at thetown oi Charlotte on the third Tat/d.ty cf Cclchf rtxi alter his ..ct, and then and there elecj and toiiditue, by CQimuiiriun in writing under their ! ur.ds, and leahd with the 'oumon lea! aftr.e cnrooratioii, inch ind lo many prcfcilors or tutt 1 5 as they 11 ay ti.ii.k <\\ cdiert ; aid then sujj there> ar.d at all other times for e.'.i hereafter, wnen the faid pre lident ami trullte- . their lutctfTors, er a n . jo- •Xity of them, ihaiibe conrcneJ and met tctgetiier tn the faid cputity oi MtJtitenbu'rj^ they' ii. all ha\e lull power and 76 - . lawful authority to elecY aid cr»n(titute one or mare profeflbrs or tutors ; and alfo to- make and ordain fuch laws,.... rules and ordinance;, not repugnant to the laws of this ftate, for the well ordering and, governing the ftudentt, their murals, (Indies, and academical exercifes, as to them (hall f'eem meet ; and to give certificates to fuch (Indents as ihall . , leave the laid Academy, certifying their literary merit, and the progrels they ihall have made in uleful -knowledge, whether it "be in learned languages; arts or Iciences, or all of them. VI. Be ltj'urt/'jf enacfeS, by the aat-hvity afore/aid, that the Lid Prefident and tutors, before they enter upon . the execution of the trult reputed in tnem by this a<5t, Ihall tike the oath appointed for public officers, and alfo the following oath, viz. I A. B. d> /wear, that I -will duly and faith jully, to the be/i of my /kill and ability, execute and difcha'rge the ■ feveral . irufls, p-jvjjrs, and author':: ies, -wherewith I am veiled, by an ac7 of the General Affembty, intituled, An act. for in- corporating the prefident and .truftees of L'be> ty HuiL, in the.county of Mecklenburg ;and that I -will endeavour that all ' monies, g'jiids, chattels, and the profits of lands , belonging to this- corporation, JIjjII be duly applied to the ufe of the _ A' caderpy, for the advancement of learning, and as mar as may be agreeable to the -will of the donor, SO HELP ME GOD: And if any prefident or truftees of the Lid Academy fiiall enter upon the execution of the trufts repofed in him by this act before taking the faid oathsas above required, he Ihall forfeit and pay the fnm> uf twenty pounds, proclamation . money.; to be recovered by action of debt, in the name of the Governor of the State for the time beings and appli- ed to purohafe books for the ufe of the Lid Academy. VII.- And be it further enabled, bv the authority oforefaid, that the prefident and .truftees fhall annually in the mon;h,of Cildb'er, elect. and aimmilfionate forae peffon to be.treafurer for the faid Academy, during the term of one fear; which ireifurerfhaHseiiter into' bond, v. ith fuficient lecurity, to the Governor for the time being, in the funs ot five -tlioufand pounds, conditioned for the faithful difcharge of his office,, and the truft repofed in him ; and that all monies and chattels belonging to the faid corporation, that ihall be in his hinds at the expiration of his office, mall men be immediately paid, and delivered into ihe hands of the lucceeding treafurer. ■. And every, treafurer (hail re- ceive all monies, donations, gifts, becuieib, and charities whatloever, that may belong or accrue to: the laid Acade- my during his office, -.and at the expiration thereof, (hall account wish the truftees for the fame, and the fame pay and deliver over 10 the fucteeding treafurer ; and. on hit neglecbor refufal to, pay and deliver as aforefaid, .the fame, method of recovery may be had againit him,, as.ii otawy be provided for the recovery. of,nionies. from fherifts or o- ther perf'ons cbargeabler-with public, monies-. . VIII. And whereas it isnectlLry, to.make.pr.avifiGn for the appointment of fucceeding prefidenls and, fbececding- uuftees, in order to keep t-p a perpetual .lutceflion ; B~ >' there/ore enabled, by the authority aforefaid, that- on the deathj r.fulal to qualify, relignaiior-., or removal out of the itate, of.the prefident or, ai.y of the truftees for the lime being, it Ihall be law ful for ihe remr.uing trultees, or a majority of. them, and they are, herebyautheri2ed and required, to convene and meet together in the faid county of Mecklenburg, and there ele& and appoint another prt- fidsnt,. or one or more .trufiee.-, huhe room and ftead of filch prefident, truftee or truftee?, dead, refufing to quali- fy* refigned, ; or removed out of the .State ; whih prefident and trultees. fo eltfted aiid appointed, fhall be vetted n-itli th« fame trufts, powers ami, authorities, as otfeei fellows and truftees pre in veiled with by virtue of .tju' aft, he >r they havingfir.lt taken the oaths by this act. required.. . IX. And be >t father enacted, by the. authtriiy ofoiejaid, that the faid truftees and their fuccelTors-, or a majority of them* at their meeting mOclober annually, pnd at any other meeting called for that purpofe (after due notice given to at.leaft.nine ot the truftees, fignifj,iug the occaiio.n of./uch meeting) fiiall have full power and auikJrity to hear a- ny complaint againft tie prefident, or any ptofelfor or tnt«r> and for miibebaviour or neglect to-fufpend, or wholly remove him or them frpni office, and appoint others, to fill the lame office or offices refpedively ; and any prefident Jo removed from office, fiiall from thenceforth ceafe to be a member, of the corporation, and the prefident appointed iu his. room andjtead .Ihall ibcvefted.wnh ail. the authority and privileges, with which, the prefident by this act appointed is inverted. . X. I'rovidea never thelefs,. and he it further enabled, that this act* or any thingjnereri contained, ■ftotfi not extend, oc-be underth.odto make thi; Academy one ot thole fem'maries mentioned in the conltitution, , to oblige this (late to fugport.any prefidens profeflbr or tu.or,; of Lid Academy, or.other charge or ex pence thereof whatloever ; this aft ot iikarporat ion haying been obtained at the earnclt prayer and intrw.ty of the faid truftees and -others, who, were de- fi?p-.!8 to contribute towards. the fupport there.ol.. . I T Year of the> Independence. Thfe 13$ of.NoTember, 1777. Seeond Scffion. O .p. XXVII. An acl for appointing commiffipners to lay off and mark a road from the court-hcuff, in the county of Wafhington, through- the mountains, into the county of Burke. . I. CT7HFREAS the inhabitants ot Wajhing ton county- would derive great advantages from apublic roar! leading rJK VVrcaiy through the mountains into the county of Burke, for horles, carts, and waggons, to pals to tiie lea ports in this ftv.ts and South Carolina. 77 II. Be ;t therefore tn.icfe.-l, by thr Gir.:r d Affimblv rt' the Stat? s/No-th-Carolha, an J it U he'ehy er.aSted bv tie authority i[ t:"f.ru; chat Charles M '■ Dovfst, John M'Do.vtl, Samuel Bright, Ezekiel Sm'.th, aid Jacob Wvn.ick, be, and'they are Hereby appci HccJ com'Iioner3, and thev, or a majority of them, are i.npo-vered and authorize 1 to by off -;id mark a road h ■ the nsareft and belt way from the houfe of Charles Rtbinfon, where the caur: hah been held in tiie county of W ijblngion, to the houfe of" Edward Smith, where the court hath been held in the count/ of Bwke ; and the laid con n>inoners, or fuch nujority of the n as lhall lay of and caule the f.i 1 road to be marked, {hill, and the/ are hereby required to return a proper furvey thereof, cerrified unler their handsand feals, to the rc.'peifiv.-. courts of the (aid con .tie* of IVafhington and Burke. ill. And oe it further enailed, hy the authority aforefaid, that after the faid road fhall be laid off and msrked, and a (ur.ev thereof returned as a'orelaid, the counts of the counties of Burke and IVafhington refpectively lhall have full power a.id authority within their refpective counties to appoint ovcrfeers, and make order for fuch number of the irt» j;,b ans as thsy fhali think, proper, toclear out, work upon, and keep the laid road in repair. The-refl Obfolete. Cil \P. XXIX. An ail to impower the courts for the counties ofTvyon and Guilford to lay a tax hy affeffment, for fin'jh. ingthe court houfes, prifan and flacks, m the /'aid counties ; and alio to impower the fevtral counties in the difi'ricl of Wilmington /: levy taxes for building a dift rid gaol, and gaol 'er' 's houfe ', in the town of Wilmington, and other purpo- Je<. I. II. III. IV. V. VI. VII. VIII. and IX. Obfolete. X. \ ND be it ft -ther en idled, by the authority aforefaid, that after fuch gaol mall be erected, when any perton or L\ perfons lhall be apprehended for any offence committed within the diltricf aforelaid, it (hall and may be law- ful for the Magi/Ira:* or Magistrates before whom fuch offender fhall be examined, if he or they think it neceffary, to commit fucholf; i'&i't so the aforefaid gao' ; and the flienlf of the cc unty for the time Leing where fuch offender lhall be apprehended, is hereby authorized aid required to convey fuch offender to th e laid gaol, and deliver him or her to the iheritfor keeper thereof, and take a receipt of fuch fher.ffor keeper, which fhall be his difcharge for fuch pri» foner. XI. And be it ftrth'r enailed, by the authority aforefaid, that after the faid gaol and gaoler's houfe fhall he built as aforefnd, the fh-.ri.fof the county of New-Hanover for the time being, is hereby directed and required to employ lo'TiepeiTonof integrity to be keeper cf die faid gaol, who during the time any perfon commtted for a capital offence fh:.li be in tie faid gaol, Hull co iftantly refide in the laid gaoler's houfe, and take all lawful ways and means from preventing theefc.pe of fuch offender. Chip. XXXVII. At ac7 for fecurbtg lots in Elizabeth t>w;r, in Bladen county. I. V T 7HEREAS from the impofliluhty of procuring nails and other neceffary materials for building, ss we!! as from VV many other unavoidable mniir.mces, occafion.'d by the prefent coutelt with Great Britain, it has bean put entirely out of the power of the inhabitants of the town of Elizabeth, in Bladen county, to compleat their buildings on their refpective Jors within the time limited by lav ; II. Be it therefore enacled, by the General Affembly of the State o/"North Carolini, a'id it is hereby enaJJed by the au- thority of the fame } that every iot in the laid town, ou which a houfe fhall be buiit of the dimenlions mentioned in an act of ' Aflembly, intituled, Ai acl foreftablifhing a town on the land of Ifaac Jones, en Cape-Fear r:ver > in Bladen county*, or o her improvements made thereon, which fhall be deemed by the directors or commiflioners of faid town equal thereto, within the foate of three years after the palnng of this act, (bail and is hereby declared to be veiled in the grantee thereof, his heirs and ailigns, in fee fi.mple, any thing in the laid act contained to the contrary notwith- standing. * p. 67. Chap. XLV. At ail for the regulation of the town of Edenton. I. TT7HEREAS the regulation ol the town of Edenton would be highly beneficial and convenient to the inhabitants V V thereef ; II. Be it there fat etnacled, by the General Affembly of the State of North Carolina, and it is hereby enabled by the au- thority of the fame, that fr, m and affr the palling of this act, JojephHewes, Robert Smith, William Bennet, Charles Bonfiell, and Sanuel Dickenfon, Enquires, be. and they are hereby appointed commiffioners of the faid town; and tiey> or a majority of them, are hereby inverted with the fame powers, and mid; fj'oject to the lame rules and re- gulj'.ons, as commiffioners heretofore appointed. II I. And be it further enabled, by the authority afore J aid, that from and after the pafT.ng of this act, the commiffi. oners of the faid town, or a majority of them, dull, and they are hereby required, within ftxty days after the firft •lay of January in every year, to lay fuch tax as they may judge neceffary, not exceeding eight millings ; which tax fnall be collect-id by warrant under the hands and feals of the commiiTioners, cr a majority of them, directed to any perfon they fhall appoint to colleil the faiie, returnable at luch time as fhall be therein mentioned ; which faid col- u. lector, appointee" a« nforefaii!, is hereby 'mpo'vercd to eo]"ecT and make diffrcfs for the fame, in like manner as't^re fheriffi or other colle'floiy of public, county, or parifh taxes, are imrowered by law ; anti the moiey anting there. irom, after deducting C\xper cent, comm iiioni, ihali by him Le paid into the hands oi the comir..'iliurier>', or a majo- rity of them, to be by them applied and laid cu; in clearing and repairing trie public ilreets, lanes and alleys, and iti any other public work they m iy judce.neceilary for the benefit of the laid town. ' ' IV. And be it further enaii.d, by the authority ajortfaid, that ailptri'or.s rdn'iiig three months in the faid town next before the firft day of Juv.uary in every year, (hall afterwards be fubjecr. to pp.y taxes in the laid to?, n. V. And bs tt further en'aBed, by the authority afore/^iid, that no inhabitant of the fatd-fown (hall on any pretence v. hatever keep any hog or hogs, Ihoat, pig, or geeiie, running at la.-pc within the bounds of the faid town, en pe- nalty tf forfeiting ftuh hog or hogs, (licit, pig, or geele, and paying the fum of twenty ihiiiinos proclamation mo- ney to the party aygiieved ; and further, that i"ihal!.and may helawlul for any pertofl whatever, afeer the firft ilay oP Jamkry nextj to (hoot, kill, orjotherwile deilroy luch iiog or hogs, ihoat, pig, or geei'e, i'o running at large vsiuiin the faid town. Vi. And whereas the flreets of the faid town are fomuch out of repair that it hasb.Tome inconvenient, and even .dangerous, to wag nuns and other crnages to pals the fame ; Be tt there/ore enaiied, by the authority ajorefaid, tnat the comnnfTiuner^ by this act appointed be, and they are hereby hnpewered to fummim the male inhabitants of the ■faid town to work upon the ltreets thereof < nee in every mo .th, f >r one day, and no more ; and if ai y male inna- bitant of the /aid, town, above the age ot listen ;,e cr;, black or while, flwli fart to obey -fdeh fimfmorisr, it he be a whits, (hall pav a fine of ten (hillings, and if a biac , ti e mailer ol inch black (hall for Inch iieidect [ci(qijt ar.d pay the fine of ten (hillings ; the faid lines to be collected by warrant of diirrefs, Ihblcribi d by I'aid cont'm . loners, or .1 •majority thereof, and directed to the fherif, c mitanle, orcher miintterial officer o) Che county ot l/;iuu/?, and Jo collected, (hail be applied to the repair oj filch itreecs. Chap. LXVI. An ail fur the eafe and convenience of the militia on the vxtfi fi -L> f N.m port, in Carteret county. j. TT7TIEREAS the cnurt-hou'e m Carteret county is tituate between forty and fifty miles from the well end of \ V faid coUBtv, and having Newport river to croiS, being three niHei over, which* panders it '-cry :nec:i\ en i ijt and disadvantageous to the inhabitants of tnat part ot laid county to attend a: genual mutters, and other pubdc buii- nels : for remedy v. hereof, II. Bs it eu.icJ.J, by the G.-nera! ,:'f ;>:,':. 'y if the State of N'orch- Carolina, and it is hereby emrlcdby the 'authority ef i':t fti-m, that from and af;r the palling ot this ait, it fhalfand may be lawful (Vr the cou.m mJing MBcsr vi' hud county, whenever he orders a general mutler, to iiTue orders to the capta ns ol the miliiia j XtV/een the welt tide of .JS'ewtiort river and the head ol' Waiie Oak river, to meet at the houle of Mr. 7 nomas B itton, with their companies, and lhall order one or more 0/ the field officers under his command to meet laid companies at the place a;c.v.^i-J, there to tram and excrufe faid companies, under the fame regulations and reductions as at a general mnlter. III. Aid be it enatted, by the authority afor-j .d J, that the held oliiccr attending luch maters Hull, and is hereby declared to have full power to hold a court martial immediately after luch muiter by them held at the place a,'orelaid, and (hall hear and determine all appeals from the privase mutters, and all other mi ,t -rs .nd things that any militia court martial in this (taie have a right to determine, agreeable to the militia act in force in chisitate, and iliali make a true return of all the precedence of faid court martial to th? next general inufter. IV. And be it further enacled, by the. authority ajorefaid, that the commanding ofitcer (hall and may order fjch.rouf". ler to be held at lealt ten days before the general nv.iiler. Chap. LXVII. An ail for e ft abb ft. i;:^ fairs in the town of Wilmington, m New- Hanover county. J, T)E it cnacledy by the General AtTembly of the State of North-C>rohna, and it is hereby enabled by the c.uthority of \j the j ami, that a faT lhall -md maybe lield in the town of Wilming ton, in tnc county aforefaid, on the fifteenth day- oi June and December, and tnat two fairs (hall and may be annually held in the laid town 01 the fifteenth days of June and December in every year, each fair to continue three days, for the l'al e of every kind of horfes and black cattle, flieep and hogs, pcik and all kinds ot proviiion, tobacco, and every other natural production of the country, and aim fat the fale of all and every fort of goods, wares and merchandize, whether foreign or manufactured in this it.ire ; and that on the find fair days, and on three days next before, and three days next after each of the laid fairs, all perlons coming to, being at, or going from the fame, together with their horfc, cattle, or other effects, intended for lale, or purchafed at tha faid fairs, (hall be free and exempt from all arrelts, attachments and executi- ons what oever, except for capital offences, breaches of the peace, or for quarrels or to'itroverfies t!ut tn.iy arile du- ring the i'j'd time in wi.ich cafes proce is may be immediately ifl'ued, and proceedings thereupon had, in the lame marine; as if this act had never been made. I!. And for the trial o;" complaints and informations in the cafes above mentioned, ai s iJk- la ..• dkedts other court njartials to be held after each ge,tjera] myiter ; an J it nuy be lawful for the laid court martials to exercife the faoie powers and authorities as other cpurt-miai tials held lor mat purpoie, and not I", and tr.n frail ii:e p^oceednygs of the iaid courts to the colonel, or commanding officer of the atorefaid , as oJ en as rt guired. 111. Autni: cn.n.J, by-the authori'y oforefoui, fhat BOthing herein contained fliall be conftrued to debar the md.ua qf t:^;i part ol : j ..j county Ir.in cioii.g their duty at private UMjfters, as the militia law of this ibte re* qii ? es. CHiP. XLIX. ,~r. r.cl for c.l ' trlng-the name qf John Giiliard \'o that "/J >hn Ifler. I. XT. JHFREA& John Giiliard, oj (■. v. a county, in this ituie, the ion p[.Prifci{/a Gilliprd; now the wife of ?Vil. \ •• C ;A ■.-(■/, t.a: in in tin. tine ot hi: nativity "hitherto been caljed and known by the name of John Gul'iard- ard whereas, from Ip.-cial and urgent reaions, the laid Jul::-! Giiliarda$d Frederick ifler, of Craven county aforefaid' have earneftly petitkn ed and prayed this t fiembly ttiat the name of the iaid Join Giiliard may be altered to the name t; , /;' r, by a'n acf erf Allen. bly lor that pit: pole. ' Jl. be it therefore envied, /n the Cnund .-jfJemUy of the jl-ale of North-Carolina, and "ttis hereby enacled by the sit. / the fame, that irom and alter t|e r-aufjeafion of tins act, the name of the laid John Giiliard ihall be altered' to tl e name b| John jl r, and that the faid John Giiliard mail from thenceforth be called and known by the name of John djl.r ; aBdthafcb) the name of Johnljter fie {hall be, arm is hereby enabled to take, receive, poflefs and enjoy, any and evtrv deviie, bcqailt, legacy, eilate, right, title, intereft and property, or, in, and to any lands, tenements htred.isnients, goodj, rnoriie„, lum or turns of money, credits or chattels whatever, which Hull or may be ('iven* granted, aifigied, conveyed, or made payable to him, b> the- Lid name of John Jfler, in and by virtue »f any kfl will or tefta nelit, deed., bill-offaJe, conveyance, bond, obligation, bill, prounlerv' unie, or other writino or aii'urnp. t:.»n , of or froni any perfen or perfons wh;iffoever ; and thai by the (aid name of Johnifl'er he (hall and may fue and re. cover, and be fued and impleaded, in any act.cn or luir, as well at law as inequity, or otheruife, and may therein plead, ani'ueror defi-nJ, in full and ample manner, to ail intents and purpofes ; and that by the fame name of John Jfler he Ihall and may, from the faid ratification of tliif -act, in all things whatever, be iubjeci to the fame reihictions and intit'ed to the !-Js Cotentr.ey, and tor other purpofes therein mentioned. 8o time large trees have been fell on ta«Ji file of the laifl bridge, to pi-event fording the creek as ufual, to the great in- jury of tne public : II. Be i! therefore enattid by the G » 'red Afjimbly of the Stale if North-Ca'o'na, andhy the authority of the fame, that if the affigns of the (aid Peacock (h ill hereafter afk, demand or receive, any t ill from any perlbn or per lb is or cr offing or pdiing over the faid bridge, or for my waggm.s, cirrj, Ijurfesj cattle, hogs or iheep, knowingly, paifing cer the fait bridge, ]uch perfon lo off nd g fhall forfeit an i piy the fj:n ol rive pj riJs for every toll fo received ; to be recovered before any Juftice of the P. ace ijy .my peril).} who Hull prole c ■ c iov the f^mc. III. And whereas it is neccff.ry that a bridge (huuid be built acrol's tiie f.i;d ciek, for the benefit of travellers and others, and the inhabitants adjacent thereto be/mg defitjous of building the fa ne a: their own expence, provided it be f. ee from all toll ; Be it therefore enacted, that IVillia •» Speight and 23wuw Edmondfon, Efqrs. ce, aid they are hereby appointed commiffioners for erecting and building a br'dge ovi-r the (aid cr-eh, at the place where the laid I ridge now ftands ; and that they be impowered to take fubicriptions from the inhabitants who fhall be willing to iuhferibe towards building the fame, and to enforce the payment thereof. IV. And tar the better erecting and fiiilhing the laid bridge, be it en.itted, by the authority aforefaid. that it fhall and may be lawful for the commi lioners, or the per on or perfons who fhall tin iertake to build the laid bridge, to- make ule cf f jch timber o 1 tiie lands of any perlbn whatfoever as may be molt convenient and neceffary for the laid, br.dge, without impeachment of wafte there'or. V. An whereas the bridge built by the afliguees of (he aforefaid Peacock v i!l be u r cful to the public until a new bridge can be erected •. Be it therefore emitted, that tie commilfioners herein before named lhall have full power and authority to treu with the prefent owners of the (aid bridge, and to purchafe the fa ne at luch reafonable price as maybe agreed on, and to apply (o much of the money to be fublcribed as aforefaid to the purpofc of chlcharging fuch c >ntract as they n:ay make for the purchafe of tne laid bridge ; any thing herein contained to the contrary i;ot- ■vvithftaudiii!!. CHAP. XIX. An attt, prevent the flopping the fifi in the YaciLi l river. I. T T 7HEREAS divers pcrfo is inhabitants near the laid river have heretofore made a practice of flopping the fame, VV by building wares, dans, or heage., with defign to catch fifh whereby great injury is done to the ood people rtfident above fuch wares, dam;, or hedges aforefaid : lor remedy wher:of, II. Be it emit dby the General Afflmbly of tne Slate of Nbrth-Carolin3, and it is hereby emitted by th • authority of the Jime, that from and after the ratification of this act, it (hall not be lawful for any perfon or perfons wh uloeve; to build or erect, or ciufe to be built or erectid, or keep up any that is already erected, any ware dam, or hedge in the laid, river, fo as to ex-end more than two thirds acrofs the fame ; but thai all it op .ages lhall be fo made in the Aid river as to leave one third part open and free for the paffage of h!h. III. And be it further enacted, by the authority aforefaid, that any perfon o- perfona who (lull often I a ■;amft this act, fhall forfeit and pay for every fuch offsnee. the fum of twenty pound:, j to be recovered by action of d bt by any perfon who fliall lue for the faxr.e, to h ; s, her, or their own proper ule.. < Chap. XX. An att for fecuring lots in the town of Payborottgh, in Edgcomb county. J, TTTHER.EAS by an act of Afihmb-ly, palled in the year one thoofand (even hundred and iivy, intituled, a>: ifl \ V for eftabi.lhing a town on the lands of J jfeph Howell, on far river*, it is provided that tne gr.ntee of every 1st in the (at J to. vn dial! iv ithm three years after obtaining a conveyance for the tame, erect and fi oilh thereon a houle of the dimenfions therein fpecified, and on failure thereof, every lot whereon fuch houfe lhall not be fo erected, fliall be revelled in the directors of the laid town by the (aid act appointed ; and whereas the time limjtted in the laid acTt has been found too fliort to complea the bu tidings on the did lots ; */>. 37. II. Be it thereto e en.:cl:d by the General Affembly of he State of North Carolina, an! it is hereby ena&'d by the authority t£ the fame, that every grantee of any lot or lots in t : ie fiid town that ha. not been improved agreeable to (he laid at, is h ■ relay d-.c'ared to be the proper owner, and (hall (till retain his or her former title in and to filch lot or lots, h fee fisuptel any thing m the aforeiaid aft contained o the contrary notwithstanding ; provided fuch gran- tee (hall within five years next after the palling this act erect and fin'fh a houle on fuch lot of the ('imenfions in the laid act foecified, or other i .nprovements made thereon, which fhall be deemed by the commidioners of the faid town equal thereto. III. And whereis th; former directors and truftees for the fiid town have wholly decline! acting, Be it therefore enatted, by the authority afore/aid, that Robert Signal, Edward Hall, and Henry Irwin Toole, Efquires, Mr. James Hill, and Mr. Witliam Renn, are hereby constituted and appointed directors or tomaaiffioners for the faid town, and are hereby inverted with as fall powers aid authority, to all intents and purpofes, as the former director* and truftees were. . IV. And as there were more lots in the faid town referved for public ufes than is neceffary for that purpofe, Be tt therefore enact: d, by the authority aforefaid, that the (aid cominiiiiouers for the faid to. vn, or a majority of them, are hereby authoriied, requred and impo.vered, w'nhin eight months after tht faffing of this act, to fill and difpofe cf St at pu'Iic fa'c a!I fuch lot?, excepting two for the ate of the court-houfe and pr.fon, for the molt they can get for th« fame, and m.ike deeds of (ale for the faid lots to the purcha.ers, thdr heirs and aliigns, and to dilpofe of the mone/ fo ariiing from fuch lKIe in paying the cofts of laying out and erecVng the laid town, and fuch other necefTary ufes for the benefit oi the laid lown as they, or a majority of them, ihai 1 think proper. Chap. XXlII. An act to amend an oB ', int'tled, An ad for effablifhing a town in Mecklenburg county, faffed in ths year one tuoufand feven hundred and fixty eight, p. $j. I. \T7HEREAS the commilfionersior laid town, which isc<ed by the name of Charlotte, were only impowered \ V bv the recited act to lay out one hundred acres into a town, and fuch lots fo laid out being all (old, and nioft of them well improved by good buildings, and being well firuated for inland trade, and the fituation being pleafant and healthy, has induced our legillature to eftablilh an Academy in faid town, by rhe name of Liberty Hall ; and ma. ny perfons being induced thereby to fettle in the faid town, for the more convenient education of their children, it therefote becomes necelTary to enlarge the faid town, and there ftill remains in the hands of faid commiffioncrs two hundred and iixty acres belonging to taid town t therefore, . II. Beit enabled by the General A 'ffembly of the State of 'North-Carolina, and by the authority of the fame, that from and after the palling of this act, it (hall and may be lawful far the corumtflioners of faid town to lay out eighty lot! more, to bz laid out as the commiflioners, or a majority of them fnall think moil convenient, and in the fame manner, and under the direction of the aft above recited. III. And be it further enabled, bv the authority afore/aid, that faid CPnrmifTioners fliall for ever hereafter account' with and pay into the hands cf the trulteesof faid Liberty Hall, all the monies that fhall arile from the lale and rents of faid lots, once in every year, to be applied nthe ufe of Liberty Hull, inlaid town. IV. And be it further etiutled, by the authority afore/aid, that in cafe faid commiflioners, or any of them, fhould re- fufe to account lor and pay all money as by this ait directed, he or they fo offending lhall forfeit and pay the fum of live hundred pounds, to be recovered by action of debt, in any court having cognizance thereof, the one haif to be applied, to the ufe of Liberty Hall, and the other halt to the perfoa fuing lor the fame ;. any law, ufage or cuitorn, to tne contrary notwuhltinding.. Chap. XXVI. An ail for regulating Campbelton, and ereilbig public buildings. I, T T7 HEREAS from the great increafe of the trade of the village of Crofs Creek, within Che liberties of CampleU VV ton, the mealures formerly by law eflabliihed for the regulation of faid town are not found conducive in its prefent (ituation to the convenience of its inhabitants : in order to prevent aneafy and beneficial intercom fe with the back fettlement of this Hate, and to expedite the diflribution of public juilice in the courts of ths county of Cumber- land ; . II. B? it therefore entiled bv the General- Affembly of the State of 'North Carolina, and it is hereby enabled by the au- thority of the fame, that from and after this ffifion of Affembly, the village of Crofs Creek, and town of Campbelton, ihall b~ united into one town, und«r the name ot Campbelton, and fliall hereafter have, hold, poifefs and enjoy, ali rights, po i ers, privileges and immunities which the village of Crofs Creek, and town of Campbelton, feparately, or both collectively, do now, or may at any time hereafter, have, hold, poflefs and enjoy. III.. And b( it further enail-i, by the authority of ore faid, that, Peter Mallet, Robert Cochran, Leiuir Bargf, Daniel Sutherland^ James Patterjon, George Fletcher, and Robert- Rowan, be, and they are hereby appointed commiffiouers to lay out. and regulate the faid town, and to make fuch flrects, ways and allies, as to them fhall leem molt fuitablefor perlons palfmg to 2nd from different parts of the laid town, and convenient for waggons and other carriages driving in the laid town, and liberties thereof. IV. And be it further enailed, by the. authority afar efaid, that the faid commiifioners, after-having Jaid out the faid town in manner as they are heretofore impowered, fhall view and value on oath all houfes, tenements and improve- ments, which ihall interfere, or be in the way of the ftreets laid out as aforefaid, and may remove, or cauie the fame to be removed 5 and the damage wh ch fhall from thence accrue to the owners of fuch houfes, tenements or improve- ments, ihall be paid to the owners thereof by a tax, to be impofed on the inhabitants of tliB laid town in manner herein after directed. V. And whereas there are feveral lots which were laid out in the original plan of Crofs Creek which have not yet been purchaled of the original proprietors, and others which have been- purchafed, but not improved, or the im- provements hitherto made of inconfiderable value ; and as it may be for the advantage of the faid town that the ftreets fhould be run through fuch lots, or lands adjoining iu:hlots ; Be it therefore enailed, by ike authority aforefaid, that the faid commiffioners, or the majority of them, fhall caufe a valuation to be made of all the lots or lauds through which it may be moil proper to run the (aid Itreeis, or fo much of them as may be thereby injured, and the proprie- tors thereof fhall be paid accordingly by a tax, to be impofed by the faid commiflioners upon the inhabitants and own. ers of houfes or lots in the laid town, not txceeding the fum of five fhillings in each year, for every hundred pounds fuch inhabitant or ownerof houfes or lets fliall be sfleffed for their property in that part of the town calleii Crofs X , ?2 Creek, and five (hillings en ?.T1 taxable perfnns, inhabitants of faid town, who are rot pofti (fed of n: operty of onel un- oired pounds value ; tobelcvied, collected, and accounttd for, in the lame manner as the tastes- directed Co be coli leiSed for levying a tax by general aSejQnienr, and other purpcles; which faid tax lo collected fhall be paid into the hands of the conimiifioners, or a majority of (hem, and by them fhall be applied to the purpoie before mentioned. VI. And be it further (nailed by the authority at or ef aid, that the faid valuation mail be by fix freeholders, three of whom lhall be of the laid commiilioners, the other three fhall be nominaied by the perfon owning the lot or land which is the ipbjecl of valuation. Provided always, that the perfons lo nominated by the proprietors fhall be free- holders and inhabitants of (he town, or within four miles thereof. VllI*. And be it fuitltr cmMtd by ileu.il.uiiy ojuejaid, thai the intal itants of faid town fljajl be exempt from working upon the public reads, bat lhall work upon the llreets of faid town, Under the direction oi the commiilioners, two days in every mown, if to much fhall be required, and no more; and inch perlons fliall be compellable to work, as would have been obliged to have worked ontne public roads, had this law never have been made, and fhall be iubject. 10 the fame penalties, and to be recovered in the fame manner, in cafe of failure. IX- X. XI. XII. XIII. XIV. Obfokte. XV. And be it further enr.Bed, by the authority nforefaid, that the truftees in this act named, or the majority of them, he, and are hereby impowcred to expole to fale, firit giving twenty days notice, the lot w hereon the Court-houlenow ftar.ds, and alfo the let whereon the gaol formerly ltood, and the money ariling by luch lale to be applied towards building the Court- houfe. XVI. And whereas the owners of lots in that part of the town of Campbelton laid cut by act of AlTembly in the year one thouland ieven hundred and ftxty two, have never yet got titles for true laid lots, owing to t! e i?eg.i< & of she commiilioners formerly appointed tor that purpofe ; Be it therefore enueled by the authority afoieftud, that the truftees an this act named, or the majority, of them, are hereby impo.vered to grant, convey and acknowledge, to the perfon cr perlons owning the fame, and his heirs and alligns, forever, in fee iimple. Provided ahuays, that if any lot or lots fiiall be granted by the laid com nifiioners to any pcrlon (■.• perlons whatloever, who (hall not within live sears build a good, (libit uxial, habitable framed hou'e, nut of leis dimenfions than twenty feci in length, and iixteen kec vide, exclusive ot (beds, or make inch preparation for fo domg as tiie commiilioners, or th.e majority of tiiem, (hill on view think reafonable, lurh grant or convey nice (hall be void, and it is hertby declared void and of nine efteft, as if the fame had never been made ; and the coinmifiioners may grant and convey furh lot or lots, which (iiall not be built on within the time, and in the manner as herein before directed, to any other perfon or perlons applying for the lame, and paying three pounds lor the ufe of the original proprietor. XVII. And be it further enacted by the authority afore/aid, that no hog or hogs be pern itted to rnn at large in the faid town, but that filch hog or hogs found running at large at the expiration of three months after ihe palling of this act, may be deftroyed by any perfon who will undertake to do the fame, and not be Jubje< t to any profecuiion at law whatever, any law cr tuftom to the contrary Dotwithlianding. *mij numbered. Ill Year of the Independence. The 19th of'jinuary, 1779. Third cdikm. Chap. XVII. An act to enable the inhabitants of a tro.El of land lying in Mecklenburg county, known bv the name of Governor Dobfos'stracl, No. five, to make entries thereof, and obtain titles fur the fume. \. TT7HEREAS Abner Najh, Eiquire, obtained a judgment in Halifax (upexior court againft Edward JJrice Dobbs VV and Conway Richard Dobbs, heirs at law of the late Arthur Dobbs, Elquire, Governor oji.North Cart^in/Hf for the fum of three thouland live hundred pounds, proclamation money, to fatisfy which an execution iflued from the laid court April Term, one thouland (even hundred and feventv eight, agiinit the efhite of the faid defendants, di. reeled to>he flieriff (if Mecklenburg county, who by virtus thereof levied tne fame on a ccitai;: trad of land in the laid county, known by the name of Governor Dais's tract, No. five, formerly containi: g cue hundred thoufand acres, and expo! "cd the tame to fale, when certain of the inhabitants thereof replevied the J aid land, a,- d fatisfied Jaiddebt, with tic colts ; and whereas by an act ot the General Affembly, palled Dicmher the ivientj fourth one thouland feven hundred and feventy ieven, all properly and eftates belonging to fuch perlons therein deicribed, who fail to comply witli the requifites thereof, were, and are !. y the laid act confifcated to the ufe of this itaie : and •s tie inKabi::in-s of' laid land have prelerved the lame for the uie ot the ft ate, which oihtrwile would hav^e been private properly, it is jult and reaionable '.hat they ihou'd be intitled to obtain grants thereof in Ice trout this iiaic. II. Be it enabled by the General Affembly r/" North.Carolina, by and with the authority cf the fame, that all fuchinha- bitams who have aetua.iy paid money to laii;.fy and difcharge faid judgment and execution as aforef'aid, lhall have the preference of all ether perlons to enter faid lands on which are their HiVprovements, and cbiain grants for the lame, according to the rules and directions of the act ot Affembly for .iftablfJhing i ffices for receiving entries of claims lor lands, 6c 'provided luch cntiy or entries, or caveat of ihe fame, be made and entered with the entry taker of the count)' before the firlt day of June, c::e thculand (even hundred and Ceveniy nine. Ill . And be it further tniSed, tytki aulhritj .r which the entry \va« made, and which was in prfTblTion of, or claimed br aroiherperfon, before the firlt day of _/ ;. . i i.i'and Ic.-en hundred and feventy eight ; and where difputei fhall arife be. tween pactyaod party ivith irega i t e right of improvement, occupancy or. boundary, the fame proceedings and trial thereof (hall be bad, as-Jij the I i d aft and this is directed. IV. Andbe itfurthei eaaijed, by the authority aforefaid, that fuch perfons entering fa'd lands, who have not con- tributed their (hare of money in" fdtisfying the /aid judgment and execution, (hall advance io the entry taker tv.tlve pounds ten fhiliings for every huudred acres by them Jo to be taken up and entered ; to be applied to the tile of the flare, and accounted for by faid en' ry taker as in faiJ act directed. V. Rraiidedi tint no perfon or peril ->ns fhall be intitled to enter any uf the aforefaid hnds, but thole who now are the inhabitants of, and living on the faid traft. Provided ahTo i that no or.e perfori fhall be intitled to enter for, and obtain a i^r-nt lor more tha.; fix hundred and forty acres. Chap. XXV. An ail for /. ; .<.= regulation of the town o/Nsw^ern, and for other purpo/'es therein mentioned. I. TT .'HiSREAS it is become necslliiry ihai fundry lawspafied before the declaration if independency, for fettlinx, irio which the tickets fhall be put, in the pretence o'Ptwo m'peftors and the returning officer, and each infpeftor, fhull take down in feparatc litis the names of every perfou voting, arid when the eleftion fhall'be finiffced, tht? returning officer. aud infpeftors fhall, in prelence of fuch of th'e eleft'ors as may choofe to attend, open the box, and number the ballots, at the fame time reading aloud the name:; of the per- Ions w ho fhall appear in eaeh ticket ; and if there fhall be two tickets rolled up together, or if any ticket fhall com tin the names of more than fhe peiien;, in either of thefe cafes, it (hall not be numbered in taking the bal'ots^ but (ha 1 be aeijuilged void ; ai.d in like manner.the laid fheriif, orhisdepuiy, firft giving ten days notice, fliail on the fe-' con.d Tuefday in May annually open the pell, receive the votes, and proclaim the commiilioners for the enfuing year, under the penalty of one hundred pounds laY/ful money of this (late for every negit ft or refufal of comphing with the direftions of t]i s aft ; to be recovered from the laid flier 11 b; action cf ehb-, bill, plaint or information, in any court of record in in s itte, by any peVlon or 'p'eribns who lhall ice fcr the lame in one year a. r ter fuch neglt ft or refufal, one half to the profecutor; the ether half to be paid o the treafurer. of the town for the.ufe of ihe laid town, Co be applied by^fhe cotnniiliionefs towards . ... charges of the town ; and the conMniinoners fo c he fen gna flefted, and their names being entered'dn. the journal; of the faid towir, Hall, before thej enter upon the execution of their office, take ihe oath of alle^jance to the (rate befoi e f me Jufticel of the Peace, and alio the following oath, viz. *p. 4. '\p. 7. $N % C. L. 17^1- 8. p. 147. §p, 23, y. 63. 1A. B. do /wear, that I wilt execute the offire of 'a comnriffloner for the town «f Newbern faithfully, ana 'to the utmoft of my power in all things acl for the good of the faid town, ana the well governing thereof , to the heft of my /hill and" judgment, agreeable -to la w. SO HELP ME GOD. "Which laid commiffioners, after thev have been fo Jworn, fhall proceed tochoofe one out of their own number to be trealurer of the (aid town for that year, into whole hands all monies ariiiug orbscp riitig due to the Paid t iwo /hall be paid, and mere kept until otherwife diipofe.d of for the benefit and improvement of the laid tojvn, as t, e faid com- miffioners, or a majority of them, (hall direct, V. And he it further enacted, by the authority aforefaid^ that the faid treafurer, before he enters upon the execution •f his laid office, fhall take the oath oi allegiance to the Jlate before fome Juftice of the Peace, and Ihull give bond, with two fufficient fecurjtief, t in the fum of one thoul'and pounds lawful money of the Hate aforefaid, to the commif- fioners of the laid town, and "their fucceilbri lor the faithful difcharge of his office, and account:;^ for and paying all monies which may come into his hands, when called upon by the fucceeding trealurer or corxMirilkmers ; which topnd the faid commiffioners are hereby authorised and impowered o take. VI. And he it further enacted, by the authority aforefaid, that the commiffioners of the faid town fhall choofe and appoint a proper perion to he their clerk of the faid town, to ..act as luch during good beriaviour, who before he en- ters upon the execution ot his office, lhall take the oath of allegiance to the ftatr, and enter into.bond to the commif- fioners of the laid town, and their lucceflprs, with t-vo fufhcient fecur.iti.es, in the him or five hundred pounds lawful money of this ftate, for (he due and faithful execution. of his office, and the trufl repol'ed in him for the fafe keeping of the books and papers put into his care, and keeping a regular and fair journal of the proceedings of the commillioti- ■crs during his continuance in thefaid office ; and the faid clerk is hereby authorized and required to demand and re- ceive from the perfon or perfons in whole hands the fame may be, all the boaks, journals and papers, belonging to the faid town, which were in tne care and polTeflion of the former commiffioners ; to which books, journals ai)d pa. pers, all perlons lhall have free accefs, on paying two iliillings, under tne penalty of forty fhillings for every refu- fal. VII. And be It further matt ed, by the authority aforefaid, that, if any of the faid' comrriffioners, before the next annual election, ffiould die, remove out of the county, or retul'e to qualify, the remaining commilfioners fliall elcJl and choofe others in the rpom and ftead of thofe dying, removing, or refu fing to qualify, as aforefaid ; which laid commiffioners fo chofen and qualifying, by taking the oaths as aforefaid, fhall haYe the iams powers as the other coBirniffioners have by this aft. VIII. And for the better determining who fhall be .qualified to be elected as a commiffiener ot the town-, Be it e;t~ ailed, that no perfon lhall be deemed qualified to act as a commiffioner of the town of Newbern, unlefs he hath a lot . of land therein, with a houi'e on the lame, of nolefs dimenlions than twenty four feet long and fixteen wide, with a brick chimney to the fame, in his own right in lee, and who fhall have bdidc a vilible eftale of at leaft one hundred; pounds lawful money. JX. And be it further enacled, by the authority aforefaid, that the commiffioners and inhabitants fhall have- free li. berty to hold all their public meetings, on all occafions, in the court houfe of the faid town ; and that fr.otn and af- ter the paffing of this ad, it (hull and may be lawful lor the commilfioners of Newbern, or a majority of them, to meet at the court-houfe aforefaid feme time in the month of May or June annually, and when met lhall proceed to. nominate and appoint one of their number to receive a liU of taxable property for the year enfuing, and give public- notice thereof, by advertifement, to the inhabitants of the laid town, to appear before Inch commillioner fo appoint- ed, and give in upon oath a lift of his, her, or their taxable property, which they maj own or pc fiefs in their own light, or as an executor, admmiftrator, guardian, &c. in the faid town, which oath the laid commillioner is hereby atitho. rized and impowered to adminifter ; .withe perfon or perfons who fliall neglect or refufe to give in his, her, or their lilt, in manner and form aforefaid, \\ itliin twenty days after rotice given as aforefaid, lhall forfeit and pay the fun; of forty lh.llir.o3 for each and every neglect, and alfo fhall be liable to pay a doub'e tax for that year , and the com, miffioner fo appointed to receive the Jill, of taxable property, is hereby required to return the laid lift by lvra taken to the, commilfioners, or the treafurer of the town, without delay ; and the commilfioners are alfo required, as foon as convenient, to let up a copy of fucb lids at the court-houle in the faid town every year, and that the clerk of the laid town fhall enter a fair copy thereof in the journals of the commiffioners, under the penalry of fifty pounds for e- ▼ery neglept or. refujal ; to be recovered by action of debt, in the inferior court of Craven county, by any perfon ■who will 1 bring fuit for the fame, one half to the proletutor,, and the other to the comiwiffioners, for the ufe of the town. X. And be it farther enacled, by the authority aforefaid, that if the commiffioners of the faid town (hall neglect cr real fufe to nominate and appoint annually one of their number, agreeable to the directions of this act, to take the faid lift of taxable property as aforefaid, they fhall foifeit and pay he Cum of fifty pounds lawful money ; to be recovered by action of t'ebt, in the alienor court of Crivtn county, by any p' ribn who will bring fuit for the fame, one half to ihe profecutor, and the other half to the ule of the town ; and.the con>miflioner» of the faid town, or a ma- jority of tnem. are hereby authorized and impowered, fbrnerime in the month of Jtrly annually, to lay any tax, not exceeding four (hillings, on each hundred pouods value of all the taxable property in the laid town, for the purpofe of defraying the contingent charges ihsreot ; and the 'aid commilfioners, or a" majority of them, are alfo impowered «nd requirtjj, foni£ thus iu the mouth ol Jul/ annually, to appoint three freholders of die laid town to alTefs the value 31 of the taxable property therein ; which afTeflbrs are hereby required to SfleYs the (time : n the manner, nnd under the rules and'reftrict-ots a^ d refted in an act of Aflembly Tor affelftng taxable propert)', and collecting public raxes, &■•'" XL' J,id be it furt.:- j r enicled, by the authority < afoi cj "aid, that the commiflioners, or a majority of them, ihall annu- ally, at the time of laying toe town taxes, nominate and appoint a proper period to collect the farhe, to whom thalj be delivered a fair copy ot the liit -if taxable property* and alielTment taken for that year, agreeably to this aft- and the period io appointed, before he enters upon the execution of his office, ihall beiore fonie Judice of the Peace in ' Craven county, take the oath of allegiance to the fhte, ar.d enter into bond, with fuSicient lecuiiiy, in the fura of fiv; hundred pounds lawful moiey ot this ft.te, to the couimiiiioncrs of the town, and their fuccefibrs ; and in cafe the perfbo io app >i red Ihall ret'ufe to ferve, or fail to give fecurity asaforefaid, the laid commiflioners lhall and may proceed to- no .mate and appoint any other perfon who may lie willing to aft, and enter into bond with fecurity in manner asaforefaid ; and the collector (o appointed Ihall, and is hereby impowered, directed and required, to col- lect the Lid. taxes, and pay the fame to the treafurer of the laid town, on er before the tenth day of GRober in every year, alter dedufting four per centum commdfions for his trouble in making the laid collection • and if any fuch col- lector ihall neglect or refuie to account for on 03th, and pay the feveral taxes wherewith he is chargeable according to the directions of this act, after deducting his commiihons, it fhall and may be lawful for the fuperior court of New',' bein diftrift, or the inferior court of Craven county, on motion of the commillioners, or the majority of them, or on motion of the treafurer of the town on their behalt, to give judgment againft fuch collector and hi? fectirities for all niortffis wherewith he fhall or may be chargeable to the town, « ith cofts of fuit, and thereupon to award execuron againft the body, or againft the goods and chattels, lands and tenements, of fuch collector, and his fecurities. Provided always, that the collector Ihall have ten days previous notice of iuch motion. X1L Andbeii furthtr enacled, by the authority aforefuid, that if the inhabitants of the laid town, or others, being liable by this act, fhall neglect or refute to pay the faid tax on or before the tenth day of September in every ye*r, it lhall and may be lawful for the collector to levy the fame by diftrefs and fale of the offenders goods and chattels, and fliall take and receive for his trouble thirty millings for each diiire's, and no more ; and after deducting the taxes due, 'and fee for diftrefs, the overplus of the goods and chattels fold fhall be returned to the owner. XI II. dndbe it further enaftrd, by the authority afore/aid, that the commiflioners of the town fo chofen, and being qualified agreeable to the directions of this aft, ihall be, and are hereby incorporated into a body politic and coipprate, by the name of the com million ers of Newbern, and by that name io have annual fucceflion, by the eleftion of the free- holders and freemen of the faid town, as by this aft is before directed, and a common feal ; and that they, and their - iucceflbrs, by the name aforefaid, lhall be able and capable in law to have, purchafe, receive, enjoy, poffe s ar.d re- tain, to then and their fucceflors, for ever, in trult and confidence for the laid town, any lands, rents, tenements and hereditaments, of what kind, nature, or quality foever ; and alfo to grant, fell, e'emife, alien, ,< r difpofe of the f-me, alio to receive and take any gifts or don uions whatfover to the faid town ; and by the fairJ i ame to fue and implead, be iued ar.d impleaded, anlwer and be anfwered, in all courts of record whatsoever ; ai.d from time to time, and at all times hereafter, under their common feal, to make fuch rules, orders, reVukti . ; ii ces, as io them fhall feein meet, for repairing the ftreets, erecting public wharfs, appointing ma>ker , laces, a d r ba- ting the fame, erecting public pumps, and keeping >n repair thofe already erected, appointing taiju, ward e» o/pa> trols, and making proper allowances for fuch fervices, and for all fuch other neceflary or-dtrrances, rules' and orJers, which may tend to the advantage, improvement, and good government of the faid town j and ere fame rules, regu- lations and ordinances, from time to time to alter, change, amend or difcontinue, as to the faid c -nmifl; oners, or a majority of them, fhall appear necefiary, and belt anlwer the purpofes intended for regulating and governing the faid town ; and alfo ihall have full and ample power to force a compliance and obfervanceto fuch neceflary regulati- ons* by laying fines and penalties on thofe who fhall refufe or neglect to conform to fuch rules and regulations, not ' exceeding the fum of five pounds current money for every refufal or neglect ; to be recovered by warrant under the hand and ftal of iome Juftice of the Peace of the county of Craven, directed to the fherifF, deputy fheriff, or town conltable, to fummon Iuch delinquent to appear before fuch Juftice at a certain day mentioned in the faid warrant, and on conviction,, the laid Juftice is hereby required to give judgment and award execution, which the faid officer is hereby required to execute, by diftrefs and fale of the offenders goods and chattels ; which fine when levied and re- ceived, Ihall be paid into the hands of the treafurer of the town, who is to receive the fame as part of the common ftock of the town, and by him to be accounted for ; and the commillioners, cr a majority of them, are hereby in- vented with full power and authority to lay out and appropriate all monies which (hall be paid into the treafury of the laid town by virtue of this aft, as they ihall think molt for the good of the faid town.. XIV. And be it further enabled, by the authority aforefaid, that the commiflioners fhall provide a book, in which an account fhall be kept of all monies by them received and expended, and once in every year a tranfeript therefrom fhall be by the commiflioners made out, and let up in the court houf'e, for the iatisfaction of the inhabitants of the faid town, under the penalty of twenty pounds lawful money of this (tate for every negleft or refufal ; to be reco- vered in the inferior court of Craven county, by any perfon who fhall fue for the fame, by action of debt, bill, plaint, or information, one half to bim or them who fhall fue for the fame, the other to the benefit of the town, to be paid] to the treafurer thereof. XV. Whejreas at an AlFembly, begun and held at Netvbem the nineteenth day of Nivembcr, one thoufand leyenj 86 hundred and leventy one, an act was parted, intitled, an atlhr amending an acl, intituled, An ail for the better rA gulathn of the town »/ Newbern, and for fecuring the titles of 'per fons -who boldlots In the faid town*, which faid re- cited act directed and required the commiflioners of the town ot Newbern to lay out a ftreet in the faid town from the north fide of Pollock ftreet, at right angles with the eaft and welt corners of the north front of the Palace to the bounds ot the town, which ftreet fo laid out /hall be called and known by the name of George-ftreet, and that the ftreet called Eden-ftreet, from Pollock- ftree: northward, be thenceforth difcontinued ; and that the faid commiffion- Ci s, after having fo laid out the faid George ftreet, and fet up marks at the corners of the feveral fquares in the faid town, fhall make, or caufe to be made, a fair and accurate plan of the faid town. And whereas the commi Hi oners did proceed in v'nue of the laid act of Aflembly to lay out the laid ftreet called George-ftreet, and have alio made a fair and accurate plan of the faid town, with proper defcriptions, and fee up marks at the corners of the feveral fquares, as the above recited aft directs, which plan, and one copy thereof made on parchment, have been laid before this prefent Allembly : for confirmation thereof, Be it enaclcd, by the authority aforefaid, that the faid plan fhall ever here- after be deemed the true plan of the laid towu, and fhall be lodged in the regifters effice of the county of Craven, and one copy thereof lodged with the clerk of the laid town, by him to be fafe kept, and that all perfons may have free accefs thereto on paying of two (hillings for eachinlpection ; and it the faidclerk fliould refufe or neglect to Ihew the laid plan to fuch perlons as fhall r^qnire the lame, on paying the fee aforefaid, he Ihall for every fuch refufal or neg- lect forfeit and pay the fum of torty (hillings, to be recovered Dy the party requiring the fame, by a warrant before a- ny Juftice of the Peace with cofts. XVI. And in order to alccrtain the true beginning, be it further ena tied, that the fouth weft corner of the church, lot number fixty- fix, where ftands a ftone fixed in the ground, lo as to make the courie from the corner of the church above the water-table ot the fame to bear loutii iixtytwo degrees weft, twenty-eight feet nine inches, to the faid ftone, which fhall for ever hereafter be deemed the proper beginning of the plan ot the faid town. XVII. And be it further eaacled, by the authority afirefaid, that in cafe any part of the honlcs, fences, or other impr jveme.its, belonging to any of the inhabitants of the faid town, fhall appear to be in the ftreets of the faid town, or any part of the lots of other inhabitants thereof, occafioned by running the ftreets agreeable to the aforefaid plan ; then, and in thit cale, the proper owner of any ,'uch houfes, fences, or other improvements, fhall and may have his option, cither to remove fuch improvements, or to u,e, cccupy, or poffefs the fame, as heretofore. Provided, all 1 jch owners fhall not amend or repair fuel) fci:ces, ai.y tlJng in this att to the contrary nctwithltanding. XVIII. And whereas by an act of AfL-mbly , pafled at Ne-whern the fift'iday of December, one thoufand feven hun- dred and fixty feven, intituled. An as? for invelting certain lots in the town of Newbern in his Excellency the Govern" or, and his fucce firs f , in the lifth fection of the laid r.-cited act itappears that part of the Fro«Mtreet, from Me t calf lo Eden-Hreei, being the fouth front of the Palace, wns then veiled in the Governor, which has been prejudicial lo many of the inhabitants of the town, by means of that part of the ftreet being flopped, which cbftruction has been much complained of, for remedy whereof, be it enabled, by the authority aforefaid, that it fhall and may be lawful for the comsiiffioners of the town, or a majority of them, to caufe that part of front ftreet, which by the laid recited act was velted in the Governor, to be again opened for the benelit of the public, in the fame manner as any other ftreet of the town, any law to the contrary notwithstanding ; and that fo much of the faid recited act as conies within the purview of this act, is hereby repealed and made void. Provided always, the moving the fence from the fouth fide of the ftreet to the north-fide, on the bounds of the Palace fquare, fhall be done at the proper colt and charges of the town by the commiflioners. XIX. And be it further enatled, by the authority aforefaid, that all that part of the front of the town of Newbern a- forefaid, commonly called Union Point front, beginning at the angle made by the interferon of the fouth fide of Front ftreet of Trent river, and the eaft fide of Front ftreet of Neufe river, running with Front ftreet eafterly to the channel of Neufe river, then down Neufe river channel to the mouth of Trent river channel, then with Trent river channel to the eaftermoft fide ot Front ftreet, then with faid ftreet to the beginning, fhall be; and is hereby vetted in the commiflioners of the laid town of Newbern to be elected in virtue ot this act and their fucceflbrs, for ever, to and fortheufe of the faid town ; and that the faid commiflioners, or their fucceflbis, forever, fhall and may take and re- ccive the rents, iflues, and profits of the fame, for the ufe of the laid town, and to and for no other ufe, intent or purpofe, wharioever. *p. 63. fA 7 . C, L. 17&J, 41 p, 231. Chap. XXVI. An ail to lay off and eft ablifh a town near Chatham curt houje on the plantation and land formerly the property of Atnbiofe Ed.vards, no:u entered in the, land office by Ambrofe George, in laid county. I. YT7HEr\EAS reprelentation hath been made to the G.-neral Aff mbk, that the inhabitants of Chatham county VV are very defirous of haying a town laid oft' and eflaolnhed on the laid plantation and land, being a healthy, pleafant fituatiori and well watered, which from the many neighbouring inhibitants and rich and extenhve )■ ments would be a yer proper and convenient place for that purpofe, was tne fame eftablilhed by lawful authority, which would encourage me ch ims, traders and amficers to become I etUers therein, and 1 hereby would greatly pro- mo'e an inland trade, greatly to the benefit of the western inllab tant; of tins date. II. B it therefore en icled bv tbi General iffanhiy of the t.ite '/Noit'i Carolina, and it is hereby enaclid by the au. tbiritjqfthefarne, that iwo hundred atres o, W laid lanu including the plauutiun alc-ielaid, be laid out for a towa 87 and town common, and be efhblifhed by the name of Chatham, and that Jeduthan Harper,- Edmund Waddel, Mat' hit Jones, Mial Scurlock, James Willi ami, and John Ramfay, from and after the palling of this aft, be, and' are hereby appointed and conllituted commiifioners and truftees for laying out, building and carrying on the faid town and thev or a majority of them fhall, io foon as may be alter the puffing of this act, caufe the laid two hundred acres of land to be laid oft mto two hundred lots of halt an acre each with convenient ftreets, and the remainder to be reterved as a town common for the ufe of the faidtown, and that a majority of the laid commilliuners and truftees mail have full power and authority to meet as often as they fhall think necefl'ary, and caufe a plan of the faid town to be made and therein mark or number each lot in the ieveral lquares thereof ; and from and after the palling of this aft' they, and each of them lhili have full pawer to take fublcripfiom, for the faid lots, of luch perlons as fhall be wil- ling to lubkribe for the fame, and when the laid town fhall be fully fubiciibed for, the faid commiifioners fhall ap- point a day and give public notice thereof for the drawing of the faid lots, which fhall be done by ballot in a fair and open manner by the direction, and in the prefen.ce of a majority of the faid truftees, and fach fublcriber lhall be in- titled to the lot which lhall be drawn for him and correlpond with the mark or number contained in the plan of the laid town, and the faid commiifioners are hereby impowered to grant good and fufficient titles in fee fimple to the faid lots at the colt of each fubfcriber. Provided nevertheless, that every grantee, his heirs or ailigns, of any lot in the faid town lo conveyed lhall within five years next after the dare of the conveyance of the fame, erect, build and finifh oa the faid lot fo conveyed, one brick, ftone, or well framed houfe of the dimenlior.s of twenty feet long and llxteen feet wide, and ten feet pitch in the clear at leaft, with a brick or ftone chimney, and if the owner cf any lot fhall fail to conpl/ with the directions herein prefcribed, for budding and hnilhing a houfe thereon, then fueh lot upon which luch houfe fliall not be built and fiqifhed 3 s aforefaid lhall be veiled in the faid commiifioners ai:d truftees and they or a majority of them mall and are fiereby authorized to fell (on public notice firft given) fuch lot to the higheft bidder, to wnom lhail be granted and conveyed fuch lot, under the like regulations and reftriftions as the fame was before granted, and the money ariling from fuch fale to be applied by the truftees aforefaid or a majority of them for the oeneht and improvement of the faid town. Ill", And he it further enaSied, by the authority aforefaid, that each refpective fubferiber for any lot in rife faid town, fhall at the time of drawing for the laid lots pay into the hands cf the faid commiifioners, the fum of ten pounds and one dollar, and the laid co nmilfioners arc hereby directed to pay to the prefent proprietor the laid turn of ten pounds for each lot drawn for, at the time the faid proprietor relinquilbes his title to the fame, and that the dollar to be paid on each lot kept in the hands of the faid commiifionecs to pay the contingent charges of laying off and erefting the laid town. IV. Be i: enafted, by the authority afire/kid, that in cafe of the refufal, death or removal out of the county of any of the faid commiifijneis, the lurviv.ng com miifi oners and truftees, or a majority »f them afl'embled together, fliall and are hereby impowered to appoint from time to time by inltrumsnt in writing under their hands and leals, fome other perfon being a freehold r in the laid town and county, in the place of h m fo refuting, dying or removing out of the laid county, which faid inurnment of writing fhall be recorded in the county court and regiitered in the regif- ters office, which new truitee fo appointed, lhail 'Henceforth havejhe like paver and author ty i>i all matters and things herein contained, as if he had been exprelfly named and appointed by this aft. Chap. XXIX. An aft for eft ahl'Jbing an Academy in the neighbourhood of Hillfborough. I. VX7HER.EAS the proper education ofyouth in this ftate is highly neceifary, and would anlwerthe moft Valuable VV and beneficial purpofes to this ftate, and the good people thereof; and whereas the neighbourhowd of Hills- borough, from the healthinefs of its fituation, and the great plenty of provilion, with which it abound?, is a fit and proper place to erect a feminary ; and whereas a number of gentlemen have, in order to promote and encourage fuch a valuable and beneficial eftablifhment as the erecting ot a feminarv at the place aforefaid, fublcribed very confidera. ble funis, which, together with what fums may be fublcribed, will be lufficient toanfwtr all the expences attending the lame ; II. Beit therefore enafted, by the General AJfembly of the State of North- Carolina, and it is hereby enacled by the muthority of the fame, that William Hooper, Alexander Martin, John Kinchen, Thomas Burke, Thomas Hart, Nathaniel Rochefter, J ;mss Hogg, William Johnflon, Efquires, and the reverend Mr. Frazier, be and are hereby conllituted and appointed truftees, with full power and authority to receive into their hands and poflelfion all monies v. bich have already been lubfcribcd, or whi h (hall be hereafter fubfciibed lor the purpofe of erefting a leminary in tne ncigh- bournood of Hillfbprough, and to alk for and demand of the fevcral lubferibers alliums by them refpeftivek fubfenbed and in cafe of r.f...ii by any of them to pay the fame, to iue for and recover by aftion ot debt, in tl>e name cf the faid truilees, the turn wn'ch the per on lo refuling fhall have (ublcr.bed, in any jufifdiftion having cognizai ce (here- of ; and the laid monies, when by them collected and received, to be applied o the uitsand purpoles herein menti- oned, viz. that t ie laid crullers, or a majority of them, lhall immediately after the ratification of this aft, meet in the town of Htll/borough, and wake choice of fome convenient and luitable pi ice in the neighbourhood of faid town to e- reft the afore'ad leminarv, and to contract; for and purchafe the fame, after fuch purchafe made, to employ peifons to build tunable a, id convenient I i ufes, t jcontraft with and employ tutors, and to p rlorm every aft or acts, thi.:g •r things, which uiey flwilthiflkiieceflary &* 'he advancement and promotion of the laid leminary. III. And he it farther enabled, by the. authority aforefaiJ, that the feinlnaiy fliall be, audit is hereby declared to be an Academy, by the name of Science-Hall. IV. And be it further enacled, by the authority aforefaid, that the faid truffees of the Academy of Science-Hall fliall be, and are hereby declared to be inverted with the fame rights, powers, privileges and immunities, to all intents and purpoles whatfoever, as the truftees of the Academy of Liberty-Hallare inverted with, by an aft of General Afl'tmbly of this (lite, palled at Newbern on the eighth day of April, one thoufahd leven hundred and feventy-leven, intituled, An ail for incorporating the prefident and truffees of Liberty-Half, in the conn:y «/"Mecklenberg* : and the laid Academy fhail be, and is hereby declared to be under the lame rules, regulations andreilr:ct;ons, as the faid Academy of Li' herty-Hall is by the faid act. *p. 7 c. Chap. XXX. An ail to invefi the property of a bridge or raufeway in Gideon Lamb,'£/.r /;vful fcr the faid Gideon Lamb, his heirs or aifigns, to keep a fufficienfc. gate on the bridge or caufeway built by him through trx great Difmal Swamp, from Lebanon to Cambden county, and take and receive from all perfons that fliali pals over the fame (foot poifengers excepted) fuch rates a: the courts- of Cambden and Pafquotank counties lhall direct, to be paid at the lame time by paffengers cro fling Pafquotank river, AtRelfe's ferry, being the fame diftance, for and during the fpace of twenty-five years and no longer. III. Anil be it further enacled, that curing the time the faid bridge cr caufeway fliall be kept in fufiicient repair, and fit for travellers and carriages to pafs and re-pafs the lame, it flub not be lawful for any peri'on whatsoever to build any bridge or caufeway, or fei any perfonor perfons, carriage or carriages, cattle, hogs, or flieep, over ihe faid fwamp, for fee or reward, within one mile of the faid bridge or caufeway, during the time aforefaid, under the penalty of fifty pounds, proclamation nipney, for each and every offence ; to be recovered by the laid Gideon.Lamb, his heirs, executors, adininiltrators or affigns, in any court of record in the faid rtate, to be applied to the ule of the proprietor of the bridge built by the faid Gideon Lamb ; and during the faid time, the right and property of the faid bridge or cau/eway is hereby inverted in the faid Gideon Lamb, his heirs, executors, admniitrators or afligns. ■»■ . . 1 ' u - uj^ — — , IV Year of the Independence, The 18 th of October, 1779.. Second Seffion. , 2_ . _ _ . _ Chap. XIV. An aclfor effablifhir.g fairs in Halifax town and Edenton* I. "OE it enacled by the General AJJembly of the State of North. Carolina, and it is hereby enacled by ihe authority of JLJ ihe fame, that fairs lhall and may be held in the faid towns of Halifax and Edenton twice in every year, viz. on the fifit Thurfday in May and the firft 'Thurfday in November in the town u: Halifax, and the fecond Thurfday in May and November "m Edenton, each fair to continue for three days, for the fale of every kind of horfes, black cattle, fheep and hogs, pork, and all kinds of provifion, tobacco, and every other natural production of the country, and al- io for the fale of.alland every fort of goods, wares and merchanc'z?, whether foreign or manufactured in this rtate ; and that on the faid fair days, and on three days next before, and thr^e days next after each of the faid fairs, all per- fons coming to, beii)g at, or going from- the fame, together with their horfes, cattle, or other effects, intended for fa!e, or put chafed at the faid fairs, Hull be free and exempt from all arrelts, attachments, and executions whatfoe- ver, except for capital offences, breaches of the peace, or for quarrels or controverfies that may arile during the faid time, in which cales procefsmay be immediately iiiued, and proceedings thereupon, had in the lame manner as if this act had never been made. IL And in order to prevent frauds and impofitions in the fale ef blooded horfes, be it enabled, by the authority afore, faid, that the judges of the faid fairs relpectively herein after mentioned, fliall appoint regifters for the fame, who fliall take an oath tor the faithful (jifcharge of their duty 5 and every perlon who lhall bring a blooded horfe, mare or gelding, to :he laid fairs, or any of theri), for fale, fliall deliver in writing to the regifter of the fair a certificate of the owner and vender's name, and the colour, age and blood, of fuch horfe, mare or gelding, all, which (hall be entered by the faid reo-ifter in a book to be by him kept for that purpofe ; and he fliall alio fafely keep all fuch certi- ficates, that recourfe may be had to originals if ncceffiry rafidif any pcrfon fliall fell, or offer for fale, any blooded horfe, mire or geldipg,, in the faid town of Half ax or Edenton, during the time of the faid fairs, without firit deli, vering in a certificate as aforefaid to the regirter, the perfon fo offending fhall forfeit and pay one tenth part of the value of fuch horie, mare or gelding^ one half to the ufc of the informer, the other half, to the purchafer, where an. aftual fale has been made, but where there has been no fale, the who!? to the life of the informer ; to be recovered on complaint or information, as is herein after dhefted : and it' any perfon (hall wilfully deliver in to the regil'.er » falle certificate of ths age or blood c? any horfe, mare i :■ gelding, and (hall Sell the lame, fnch perfon, on proof made, (lull forfeit and pay one fifth part of tne value of fuch horfe, ro;re or gelding, to the ufe of the purchafer, to be re- covered on complaint or information, as herein directed ; and the perfon fo convicl;d (lull never after be permitted to fell any blooded horfe, mire or gei iing, at any of the la.d lairs. III. And for the trial of complaints and informations in cafes above mentioned, and alfo for the trial of controverfies anddiipured bargains arifiug at the faid fairs ; Be it enacle.:, by the authority aforefaid, that five judges (hall be appo- inted for the fair, in Halifax, viz. John Webb, Henry Montj\ii, Craondiites Davis, Chwles Pafleur, and John Geddy, and five judge- for the lairs in Edenton, viz. Thomas Benbuiy, Samuel Jnhnflon, JoJ'eph Hewes, Michael Payne, and Robett Smith, either of whom may, on application, iffue citations and lubpeenas, and nominate perfons to execute the fame ; and the fad Judges, or any three of them, In their refpeflivp jurifdiftions, (hall and may hear and determine inftanter in all inch cafes, and {lull ifTue executions, and appoint an officer or officers to execute tne fame and exercife all the powers incident to a court of pie powder. IV. And be it further enailed. by the authority aforefaid, that any perfon may have recourfe to the regifter book, and the regifter thall and may receive for entering every certificate one dollar, for every leaich half a dollar, and for copy of a certificate one dollar ; and the officer or officers appointed by the faid judges to ferve or execute propels, (hall have the lame lees and commilhons as bylaw allowed to fheriffs in the like cafes.- V. And.it it further enacled, by the authority aforefaid, that the county court of Halifax (hall at all times have pow- er to fill up viicsncies which may happen among the judges of tl:e lairs in Halifax, by death, removal, cr refuial to aft ; and the county court of Chowan the like powers with refpeft to the judges of the fairs in Edenton ; and the judg- es lo appointed (hall have the lame powers and authorities, as if they had been nominated and appointed by this aft. C.t AP. XV. An ad? to invefl the title of certain lands therein mentioned in Abner Nafh, Efquire, and other purpofes. I. \ k j HLREAS it hath been made appear, to the fatisfaftion of the General AfT'embly, that Abner Najk, of the VV county of Jones, is juftly intitled to one third part of a certain traft of land, lying andbeingin the cou.ity of Orange, containing five theufand acres, ihe fame being a traft of land lare the property of Richard Augufius Lath, bury, and fold to Edmund Fanning, in behalf of himlelf, Thomas Hart, and the laid Abner Naf), by the (heriff of the faid county ot Grange, to fatisfy a judgment and execution obtained in the fuper/or court of Halifax by a certain Rich- ard B idger ; ana the faid Edmund Fanning., who owed allegiance to this (late, having departed the fame, and joined ihe enemies of the United States, whereby his property hath by thelaws of this (fate become forfeited to the iame ; and it being reasonable that the faid oue third part of the. faid land mould be protefted f rotn confifcation, and fecured to che faid Abntr A cjb : II. Be it therefore enafted, by the General Afftmbly of the State ofNorth Carolim, and it is hereby enacled by the au- thority oi the fame, that Thomas Taylor, John Kinchen, and John Eaji ice, or any two of them, be, and they are here- by appointed commilhoners for the laying out and ascertaining unto the faid Abner Nafli his one third part of the faid tract of land, regard being had to the quantity and quality of the fame ; and thereupon that they, or any two of them as aforefaid, (lull ex<=cu:e unto the faid Abner Nafh a good and Sufficient deed of conveyance for the fame ; all •which proceedings, at the proper coif and charges of the faid Abner Nafi, when had and done, (hall be deemed fuffi- cient in law to veft in him all the right and title which this (late hath, or may have acquired in and to the fame, by confiscation, forieiture, or otherwile, any law to the contrary rotwithftanding. Ill And whereas alio it has been made appear, to the fatisfaftion of the General Aflembly, that Thomas Burke, oi the county oi Orange, is juflly intitled to a certain traftor parcel of land fituated in the laid county of Orange, oa both fides oi Little river, beginning at a hickory and red oak on the eaft bank ot the river, a corner oi John Pilkerton's - thence crofhrg --he rivtr with M'CailiJler's line,- weft thirty-eight chains, to a red oak fappling ; rhence alon°- his line, tooth four chains and an half, to a black oak ; thence along his line, weft forty chains, to a red oak ; thence a. long his line, north (even chains, to a hickory fappling on Joftph Allifon's line ; ihence along his line, weft nine chains, to a hickory fappling, corner of William Ray's land ; thence his line fouth, croffing the river three times, to •wit, at eleven chains, at eighteen chains, and at twenty two chains, and continued fixty five chains, to a black jack fappling ; thence eaft thirty one chains fifty links, toa large forked oak, and continued fifty fix chains and an half, to a (lake ; thence north thirty four chains, with Pilkerton's line, toaperfiraon tree (landing on the bank of the river ; thence down the waters of the river with Pilkerton's line, to a (lake on the eaft bank of the faid river; thence his line, eaft ten chains, to a hickory and white oak ; thence his hue, north ten degrees weft, ten chains, to the firlt Ora- tion ; containing three hundred and ninety threeacres, of which traft or parcel of land the late James Milnerdied feized, and which wa? fold by a certain Andrew Milter, execmor of the laft will and teftament of the i&\d James, to the laid Thomas Burke ; and the faid Andrew Miller, having attached himfelf to the enemies of this and of the Uni- ted States, and the heirsof the faid James Mtlner (if any there be) being aliens and enemies to this (late, and it being neverthelels juft and reafonable that the faid Thomas Burke Ihould have the full eflfeft of hU contraft and purchale of the • faid lands and premifes, ami that the fume llwuld be protefted from confifcation, and iecured to the faid Thomas, Z go Bwke- be it therefore enaSled, by the authority aforefdel, wilt is herjtby enaSed, that the faid tract or parcel of land; lims-i-d, lymg and 1 being in the count)/ of Orange aforefaid, on both fides of Little river, and bounded as aforefaid, be and remain 10 the (aid Thomas Burke, h-s heirs' and affigns, forever; faving the rights of all perfcns who are titi. zem, of this or ctany of the United States, and ali rights (except l'uch as may be now or hereafter veiled in this ftate, by forfeiture, confifcation, efcheat, or dereleftion) by, from, or under the heir or heir* of the faid James A.ilner, cleccVed, who are aliens or enemies ; a .iy law to the contrary, notwithstanding IV. And whereas it hath further been made appear, to the iausl action oi the General AiTembly, that on or about the ninth day ot March, one thoufa«(i feven hundred and l'eventy four, Thomas Pet fin, Efquire, 'of Granville county, did ptirchale of a certain William Fields certain trad: of land, lying in the county cf Randolph, late Guilford county , on both iides hickory creek, containing two hundred and thirty three acres, and hounded as follows, to wit, beginning at a hickory, on John CJborn's line ; thence running north two hundred and twenty poles, to a white oak; thence calf, croifing hickory creek, one hundred and l'eventy poles, to a white onk ; thence fouth two hundred and twenty poles, to a hickory, to and along O/bom's line, to the beginning ; the fame land having been granted to Ifaac Cox by Earl Granville, by a deed bearing date the twenty fixth day of C Sober, one thouland ieUn hundred and fifty nine, and by lundry m'efne conveyances, as appears by the records, afterwards to the laid William Field ; a.'d the faid Tktmas Per/on having paid the purchafe money, or i he greateit part thereof, and taken a bond of the faid William Field, bearing date the aforelaid ninth day of March, one thouiand feven hundred ana feventy four, conditioned for the making unro the laid Thomas a good title in fee.fimple in and to the faid land : and whereas the laid William Field afterwards, and before any legal title by deed could be obtained from him for the land iforefaid, did trailer oufly with- draw himlelf from this ftate, and did join the enemies of the United States, uherebv all his lands and tenements, goods and chattels, are become forfeited to this ftate ; and it being reafonable that the faid land, lo as aforefaid pur- chafed of him by the hxdTbomas Per/on, /hould be protected from confifcation, and fecured unto him : be it therefore further enacled, by the authority afore/aid, that the faid two hundred and thirty three acres, lituated and bounded as is before let forth, be, and the lame is hereby declared to be vetted in the faid Thomas Per/on, his heirs and affigns, forever, as fully, to ali interns and purpoles, as if the faid Field had executed a deed to him for the lame before his. departure from this ftate. V. Jnd be it further enacted, by the authority aforefaid, that the laid AbnefNafh, Thomas Burke, and Thomas Perfon, fliall pay inio the hands of the commiflioners to be appointed for the counties of Grange and Randolph the relpedive iums due for the lands aforelaid, and that they account on oaih tor the lame. VI. Provided nevzrthele/s, that this act fliall not be conurued to extend to invalidate any legal conveyance made by the within mentioned Edmund Fanning previous to the declaration of Independence, to any part or parcel of the with- in mentioned land. Chap. XVIII. AnacJ to enable John Kirkwtod and Thomas Robefon to fell and difpofe of the eftate of John Robefon, den ceafed. \A/ HEREAS 7 oin Robe f on > of the county of New Hanover, having died inteftate, and poffeffed of a confidera- YV bje eftate, real and perfonal, the greatrfl part of both itandi mortgaged for the payment ot more than th« I urn of fixteen hundred pounds tterling money, to Woldridge and Kelly, merchants in the kingdom of Great Britain, whole property becomes forfeited by their abience from this ftate ; II. Beit emicled by the General Ajfembly of the State 0/ North-Carolina, that it fliall and may be lawful for Thomas Eonefon and John Kirkweod to fell, convey, and difpofe of the eftate of the deceafed, for the moll it wiil fetch, at pub- lic vendue, and to fatisfy and pay the debt and intereft due by laid Robefon to Woldridge and Kelly into the treaiury of this ftate, and the remainder (if any J to apply as by law directed. Chap. XIX An ad for dividing the Mecklenburg regiment of militia into two feparate and di/lincl regiments. !• XT7HEREAS the great extent of faid county and the uncentrical iituation of the court-houfe, renders it very V v inconvenient for the militia of the north eaft end of faid county to attend court martials, and other military duties, at laid court houfe : for ren cdy whereof, II. Beit enacled by the General Ajfembly of the State of North Carolina, and by the authority of the fame, that from and after the palling of this act, the companies of the following captains, towit, captain James Barr, cap- tain James White, captain Matthias Bever, captain John Stems, captain William Houfton, and captain William Jlexan. der't companies, as they now ltand, lhall be a feparate and diftinct regiment, known by the name of the Mecklenburg fecond regiment of militia. III. And be it further enacled, by the authority afqrefafd, that the faid regiment, from and after the palling of this aft, fliall have, exercife and enjoy, all the powers and authorities that any Other feparate and diitinct regiment in this ftate does exercife and enjoy ; any law to trie contrary, notwithstanding. IV. Andbe it further enabled, by the authority aforefaid, that the place for ho'dinggeneral mufters for laid regiment fliall be at the lioufe of captain Martin Pfifer, where laid companies have be$fl formerly a.uu.ered. Chap. XX. JnaclloJayofaaJe/rabiy&atovminWatrtAcoarty, en the land already pur chafed by comwifj.tres at the place fixrdj r fitting, the courUhsufe of jaii county, (mdfar safer purpofes therein mentioned". VV HE!lEAS 0ne hl; "' Jrtd acrtsoiJaid, at tie place fixed ior felting she ccrort-houfe of J'.'a: • cr c< ■ ritv hath V V been pure laled . grecable to act or Auembly, pafled at Halifax the twelfth day (A February one tl 01 r'nd fe ven hunored and Icveniy nine, intituled, An acl /or dividing Bute c; M iiy into two difiv B counties arj cr ttkir iur pofes therein mentioned* ; .- n'd reprelentation being made so this Afien I- y. thai iht ii hahitai ts ot'i d com 'v iel eve it would be greatly to their advantage, alio to the benefit of trader? and awifiters, to have a town laid erf and efta bullied by lav* on the afortta;d land ! Ii. B: it therefore enacled by the General Affinity of the State /North Carolina, and it is hereby eroded h the eu tktrity of the fame, that a town be ettablifhed on the laid land, by the name of Warrtr.tr., and that William Joh '-a,' Philemon Hawkins, Edward Jones, John Paulcon, Adkin Al'Lenwn , and William Duke, be, and are hereby appointed and consented dotnmrffioriere and truftees, for laying out and directing the building and carrying on the ■ laid town • and Eke fad commiflioners; or a majority of them, are hereby authorized and requiredj immediately after the naf ling of this act, to fet apart aloe of ground, convenient and fufficient lor (he court houle, prilcn and flocks and af ft lay out one hundred other lots, each to contain one half acre, with convenient ftreets and fqoares and "t'he 'over* plus or land tif any) to rcmam as a common for the ufe of faid town, until by law it /hall be appropriated toother u les ; ana that the find commiflioners, or a majority of them, lhall nave full power, and are hereby required to make or cauie to be made, a fur plan of fa! d town, and mai k or number each lot therein, and take rubferiptions for faid* lots of Inch perlons .3 may t>e willing to fubfcr.be for the fame ; and when the whole number of 'Jots lhall be fubferi- bed for, the fa.d eo nmilfioners mall appoint a day, and give public notice thereof, for drawing faid lots, which flail be do le by ballot in a fair and open manner, by the direct-on and infpeetion of a nv.jor.ty cf faid comn nffioiK rs and each ftWcnber (hall be entitled to the lot or lots drau n for him, and correfponding « ith the mark ^535 con tasked in, he plan cffa-dto.n: and t,e faid commiihoners, or a majority of them,* are hereby Sc^ST to sE raTt good and fufficient titles in fee fimple lor fa.d lots, at the coll of the fublcribers. Provided nev. rihele/f that every Iran tee his heirs and aihgns, of any lot in laid town, fo conveyed, fhall within three years next after t'he conveyance e" red, bm.d and nnilh, on the faid lot, one brick, (tone, or wdl framed hou'.e, not lels than twenty LT S 'fix teen fcetw.de, and at leaft ten feet pitch, with a brick or ftone chimney, or in prpportim to filch diner fions if any grantee .hall hold two or more lots adjacent , and ,f the owner of any lot or lot, find! fail to build ar d nS th eon a houfe or hcufes as before defenbed, then Inch lot or lots fhall be forfeited ; and the aforelaid commUTc ner or a majority of them, are hereby authorized to fell, on public nonce firft given, fuch lot cr lots to the hiVbeft Kdder under the like relations as the fame was before granted, and the money arinng from fuch laletobe applied by the ruftees, or a majority of them, for the benefit and imrpovement of laid town, Provided alfo, that vo oil peifon mall be permitted to fubienbe for more than fix lots for his own ufe. penon mail III. And be itfurtivr enacled, by the authority aforefaid, that each refpecfive fubferiber for anv lot in faid town flu I at the time 6f filbfcribmg pay fifty dollars for each and every lot into the hands «f laid commiffion rs c any one of them as tney fhal appoint, who after deducting fuch part of thole monies as the county court fha Kiud£ "a, Z fonablecompenlauon for their trouble, are hereby directed and required, within three months after the Tots are drawn-for to pay the remainder of all the a.d monies into the hands of thofe commiflicners, who, in obedience o he act ot Airembly before mentioned did purchafe the aforefaid land, and contract with workmen to build a court hotife pnfon and docks, thereon j which laid monies the laft mentioned commiflioners fhall appropriate to" vard. dncharebe fame " b&toff, ^ ihM aCC0Unt Vhh the C0Urt ° f laid «"»5 «* the expenditure of In! IV. And be it further enaZed, by the authority aforefaid, that in cafe of refufal, death, or removal out of the county any of the commiffioners appointed by this or the afore mentioned *ft, or the furvivor of then? are hereby ™ C Z' ered and required to appoint, from time to time, by inftruments in writing, under their hands nd Jeals, ftme G -nTr ^he^or'find con ^ ^^ *"* 'T^S' **«1? rem ° V ' ;i ^ M ^ { ^^StaSiSZ eel in the court of faid county; and a new commifhoner or commiflicners lo appointed (hall have the like cower -rd mt.Toned \l """"* - thi ° gS ' **** " ^ had been ^^ M »^»«» ■PP^'d by this oKelftre V. Whereas the commiffioners appointed by acl of Aflemhly to meafure the boundaries of Bute county and run- h!" g f a ?•?,/«§ T tW , ee " the countiesof "Ww. and Franklin, having run the fame by a dired line from CrmvUk LSSS, " ear f "^"t ^ W f P,Um f ti0 "' a " d findln S h m0ft ™™*™ for S. lower inhabit S near the laid dividing hne to continue the fame down the meanders of Little Shockoe mdGreat Shocioe creek to Fifh* ,y creek, and down the meanders thereof to H li/a X and Najb line, each county thereby having an equJ c uar X ] aSn r aSCa , nbe / ea u nablyakertaimd: ^dastheccmmifFonershavecauledthe faid ^.vidi I hne to be ■ e ered on the records ot each com ,y, therefore, be it en.cl.d, by tie authoiity c ,fref,ia, that the aicren entered dividing hne as it flands entered on the records of Warren and Franklin courts, be ai.d remain the d. fding hue beu u 7^7*^ '^ t0 th€ CCntfa ^' ^wuhiunding. " gi Chap. XXI. An acl to amend an acl, intitled, an ave memio. ^dact to the contrary notwithstanding. Chap. XXV. A i utl for ef! ablijhing an academy in the county '/"Granville, for appointing truftecs, andjor other pur* tofes. I. t If THERE AS the nroner educat'on of youth in this ltate is highly necelTary, and would anfwer the racft valim- VV ble and beneficial purpofes to the good people thereof ; and whereas the county of Granville, from its ficua- tion both pleafant and healthy, well watered, and abounding with provifions, is a fit and picper place to erect buil- dings for a ieminary of learn. ng ; and whereas large funis of money have already been fubferibed to promote and encourage luch a laudable and beneficial eftablifhnieni, which, together with luch other fums as may be given- hx donations and otherwife, will anfwer all liie e pei ce attending the lame : II. Be it therefore enabled, by the General Affi -t'bly of the State o/iNorth-Catolina, and it is hereby enacled hv the au- thority of the fame, that his Excellency Richard Go/we'll, Eia> Abner Najhf Efq ; Speaker of the Senate, and Thomss Benbury, Efq. Speaker of the Houie of Commons, JohnFenn, Efq; Reverend George Micklejohn," the Reverend Uo:'-y Patillo, Thomas Perfon, Edmund Taylor , John Taylor, Alemucan Hunt, Philemon Hawkins, jnn. Howel Lewis t Robert Lewis, Charles Ru/I Eaton, John Young, and Samuel Smith, be, and are hereby coultituted and appointed truf- rees, with full [ o \ er and authority to receive into their hands and pod'edion all monies and other perfonab'e proper- ty, as alio to receive a grant in fee Jor all iuch land, as fhall be g. veil in donations, with lucn ufes and truits as may be r.ecelfary for the purpofe aloreiaid. III. And be it further enacled, by the authority aforefaid, that a majority of the laid truftees (hall be, ard are here- by declared a board, to make choice of land, receive in donations, or purchase the fame in tie faiel county, not con- taining lets .lun five hundred a.res, whereon to creel tne building of the academy aforefaid, which when built fhall be Called Granville Hall ; and that a majority of ("aid truftee 5 (hall be a board on other occafions to make a'l fuch re- gulatior.s as fh 11 1 c necefLr. for the improvement of the faid academy, who arc hereby vetted with all the powers and authorities as the indices of ai.y academy in this ftate poflets and hold, for the purpofe aforefaid. IV. And whereas a town contiguous to the faid buildings would be very convenie " ai d fei ■ iceable r be it farther enacled, by the aut ority aforefaid, that the faid majority of the truttees as aforefaid fhall lay oui one hundred icrc" of the faid land iato haif acre lots, with proper ftreets and fquarcs *, and when one hundred f \ are fubferibed for t e fame to be di awn by ballot, and any five of the laid trufiees lhall nuke a deed in ;ee to t,c,j fubkiibet v. I I] draw a lot as aforefaid. Chap XXVI, An afl to prevent tie flopping of 'fifh from running up t! e\ ky and Ha* rivers. I. \T7HEIiE.\S di ers perl ins, inhabitants near the faid rivers, have heretofoi . made: .1 pra« ice pt g the VV fame, by btrildirtg wares, dams or hedges, a.rols laid ri. as, with deli.. 1 , catch filh and otl e by great injury is done to the good people reiident above itch wares, dams ur heJ^t, afcrtiaiu ; for temedi . ere. fif, II. Beit en.icljd, by /'■h m., (hall within the term of five years from the palling ot ihis act,. make, or caiife to be made, fuch roai, budge or i.iuleiva.', 'o as to anfwir the purpol'es of effecting a fate Mid convenient paifage to all travd!;r- havmg c c^afio.! to pafs along the faciie, their horfes, carriage- , cattle, llieep or hogs, that in Inch cale if lhallaid may be lawful for the faij Cideon Limb toerect and keep a fufficient gate on any part of the faid ro d,, bridge or caufeway, ami demand and rceelve tor the paflage of all and every perfon or per- fons, with a lurie or horfes, carriage or carriages, or any run. I er ot cattle, ihet-por hogs (foot paflengers only ex- cepted) half the rates tint are or may, frt m t e io time, be by the court ot Chowan county allow id for the p-.ll' ge, o- the fame over the terry lion) E dent on to Duckenfteld'i j and tl at the laid Gideon Lamb, his 1 e;rs ir affigns, may lawfully prevent any perion or perfons palling ovei the fame asafoi'elaid, without payment of the laid rates. III. And be it j urt her enacled, by tie authority afotefaid, that all mi i la, continental trfcops, withthtir carnages and horfes, when embodied andin'actual fervice, fh; 11 pats ai d r pals over Lid bridge toil nee. IV. Provided, mix Jonathan Herring, JjhuaCatnphell, Celeb Cwen, Jqfeph Sto- kley, Thomas Newby, Jofiab Cranberry, and Charles herring; are her.tby authorized and appointed 10 ihfpect and judge whether the faid road, bridge or ca«fe way, be properly nude by the faid Gideon Lamb, his heirs or aflign; , and upon the certificate of them, or a majority of them, leturned ed, fhall within four years next -iter the conveyance erect, build and finith, on the laid lot cne brick* ftone, or well framed he-ufe, not lefs than lixtecn »eet iquare, and at lead ten feet pitch, with a brick cr Clone chim- ney, or in proportion to fucii dimenfio.is, if any grantee ihall hold two or more lots adjacent j and it the owner of a- ny lot or lots fliall fail to bu.ld and fin fh tnereon a honle or houies as before dcfcr.bed. then (uch lot or lots fhall be forfeited; and the aforefaid coininiilioners, or a majority -of them, are hereby authorized to fell, on public notice firft given, !uch lot or lots to the tfigheii bidder, under the hke regulations as the lame was before granted, and the money ariling from fuch fale to be applied l.y the truft< es, or a majority of them, for the benefit and improvement of faid town. P.rwided, thajt no one pcrlon ihall be per nitted to fubfefibe for mere than iixlots for his own ufe. III. Andheit further iHaSied, by the authority afort faid, tha: each relpective fubicriber for any lot in faid town fliall at the lublcribing pay forty dollars tor each and e\ ery lot into the hands of laid coramiffioners, or any one of them, as they fliall appoint, v\ho, atter deducting fuch part of -thole monies as the county court (hall adjudoe a rea- fohable coinpenl'ation tor their trouble, are hereby direded and required, within three months after the lots are dra f. n for, to piy the remainder of ail the laid monies into the h iikI . . f thofe commrUipners, who, in obedience to the act of AiTembly before mentioned, did purchase (he afon laid land, and contract with woi kmen to build a court- hojufe, prifon and itocks, thereon; which laid monies the la ft mentioned commilfioners ihall appropriate towards dif- cl arging the colt of ,h- aforelaid land and buildings, and fhall account with the court of laid county for the expendi- lure of trie lame. IV. And be it further enccled. by the ndl'.r'ily cf.refcitl, fhat in caf« ofrefefal, re. : th, or removal out cf the coun- ty, of any of the commilfioners appointed by tins or the afore mentioned aft, the furvivors of them, are hereby im- povcred and required to appoint, from time to time, by inftruments in writing, under their hands' and feals, fome. other perlcn or perlons, in the place of him or them to refilling, (tying or removing, which (aid it ftrument ihall be record d in the coui t ci 'aidcomry ; and the hew commiffioner or commmiffioncrs fo appointed Ihall have the like power and authority, in ail matters and things, as if him or them nad been expreifly named and appointed by this or the atore mentioned aft, any thing to the contrary not.viihltanding. Chap. XXXII. An acl to confirm the titles of lands to fundry of the inhabitants of D.iplin county. I. TT7HEREAS fur dry of the inhabitants within the county of Duplin have iettled upon a certain iraft of land in VV the faid county, and have for twenty years pait obtained patents for the fame : and whereas a claim bath been let up for part of laid land by a certain Thomas Chrijiie, ot the -kingdom of Ireland, and thereby faid lands mar he confidered to come within the meaning of the confiscation aft, to the great prejudice of the owners tlei^of • II. Beit therefore enacledby the General /iffembiy of the state cfNopth Carolina, and it is hereby enacledby the au- thority of the fame , that ail fuch patents that have been granted and obtained before the declaration ol independence by the Unked States Ihall be, and are hereby declared lo be good and valid, to all intents and purpofes ; and the faid owners and proprietors of the faid patents fh ill have, hold, ufe, exercite and enjoy, all and lingular the faid land* contained within the faid patents, in as full and ample a manner, as if the laid land had never been claimed by faid Thomas Chriftie ; any law, ufage or cuftom, to the contrary, notwiihftanding. Chap. XXXIII. An acl to eftabVJb a town in the county o/Surry, heretofore laid out on the lards of John Armftrong and William blieppard, at the court-boufe ef laid ccunty, and for other .purpofes. I. VT7HEREAS the eitablilhment of a town, heretofore laid out as the court-houfe in Surry county, aareeab'e *o VV a plan thereof made by Colonel Martin Armfirong, upon the lands aforefaid, would be very beneficial to the weflern inhabitants of this ftate, by promo ing an inland trade : II. Be it therefore enacled, by the Central Affembly of the State of North Carolina, and it is hereby encBed by the au- thority of the fame, that one hundred acres of land, the property of faid Armfir«n% and Sheppard, be laid oiisndetta- blilhed by th; name of Richmord, and tha; Martin Arm//rong, Samuel Cummings , 'john Snead, Malcclm Curry, and J -ib Martin, from and after the palling ot this aft, be, and are hereby appointed and cerftituied commiflioners ard truftees for laying out ana* building, and regulating the laid ti wn ; aid i hey, era majority of them fo ft, on as may be alter the palling of this act, (hall cau.e the laid land to be laid cut into lets of me hi ndred and forly Ictu fquaie poles each with conven ient fquares and itiects, according to tl e plan thereof m; de heretofore as aforefaid, at d fhall have full power to tomey the fame, and ^runt atitle to the laid lots in ke finiple, toany perfou *ho Lave fcfen <*■ 9 s ihal! become a p'nxhafer thereof, upon his performing the reqaifites in this 'aft herein aftw required : anS every rr3ntee, his heirs or affigos, of any lot in ttie faid wvii, (hall within five yews ne:;t after the date of the conveyance of the lame erect, build and fi lilh, on the faid lot, one br rk, ftoue, or well tra.nsd houle of the d menfions of twen- ty feet lorta- and li.cteen feet wide, and ten feet pitch in t le clear at lealt, with o le good br ick or (tone chimney ; and if the owner of any lotlhiH fail to comply wiih the directiju-i uereiu prelcnoed tur.fintlaing a houle inereon, then fuch lot upon which tucii houl'e lhall pot be built and fioiihcd as aforefaid, lhall be vetted in the laid iO Bmiflieners or trul. tees an:l they, or a majority of tuem, lhall, and are hereby autlionzed to ieli, <>n puolic »sotice firit given, ft.v:h lot to the higheft bidder, to whom lhail be granted and conveyed Inch lot, under the like regulations and relirii'tions as the fame was before granted ; and the money arifi ig from iuch (ale lhall ue applied oy the truftees aforefaid, or a majori- ty of them, for the benefit and improvement of tiie (aid to.vn. III. A ad be H farther enxtled y t \A each reipe :t ve pjrcha er of any lot in the (aid to.vn (hall, previous to the re- ceiving of any grant for auv lot 'x/ t-iem purchased, pa/ int i the nands o.' the proprietors of laid land i ! ie fun of twenty ppiinds, at the tiine tuai cue fud pr iprietor fl»a.ll relinqajlh his title to the tame, and alio twenty fhittihgs per lot to the Cud coinmillbners, for delta ing 13 cqiu-iiigeAt char®* for their laying oil" laid town according to this ad. IV. A-id be it further enccld, b,V the authority < aj "or $ftud, that in cafe of the death, refufal to act, or removal out cf the fa d county of any ol the com. i;Ii:> i-ii, the nm iv:ng com i>. (doners, and crjuftees, or a majority of rbem, lhall, and are hereby impowi red u) ippuins Iron time to n nc, b, inttru.iieiu m writing under their hand* and feats, ionie other, perfon, teing a freqh ildr.r hi the ! .id towa a,.d comityi, in the place o: him to refuiii g 10 act, dy- ing; or re noviug oat pf t te ' no con ■■.■ ', Which faid loLkrument of xsriting fh .1: be recorded in the county court, and yegiftered in toe reg Iters i ffi-e ; whjch new Druftee lb appointed, lhall thenceforth have the like power and authori- ty in all matters and thing; herein contained, as if he had been exprellly mentioned in thi aft. V. And be it f trther enaile ', by the an oority aforefaid, that all and every perfon or perfon? who have heretofore purcha ; ed any lot or lots in the 1 [id town from ihe laid John Arwtfinmg and William S»eppard, and h n e paid for the fame, or their h. r.or alljgnSj *;i:'l be entitled to receive, and to obtain Iroai tne codiindiiauers aiurelaid, a deed for f jch lot or lots, in preler nee of allperfons wha.lbever. VI. Obhkte. VII. And be it further emit! d, by. the authority afire/aid, that a'l and every 1 3: which comes within the purview and meaning of tins act, is hereby repealed, a id in ide null and void, to all inients and parpofes. Chap. XXXV. An ail for ereiling a town on the lands of Thomas Hunter, at Squha ■■ ,kv, in Martin county. 1, VT7HERE.AS it hath been reprefented to this Affsmbly that thelind of ThamiiS Hunter, on the fiu-.h fide of VV Roanoke river known by tne name of Sguhawky, in Martin count), is a healthy, pleat ant Gtuation and very conveniently fituated for trade and commerce, and the (aid V homas Hunter ha ing fignifieti hi content to have feven- ty eight acres ot the faid land laid off for a town, which will greatly promote the i. ade and navigation of the faid ri- ver. II. Be it enaBed by the General Affembly of the State of North Carolina, an! it is her. by enaSi d by the authority of the fane, that the faid feveuty eight acres of land., beginning at the north tide ol a branch, thence running north, fifty nine decrees weft, eighty (even poles, to a ftake, thence north, fi'ty five degrees ealt, one hundred and eighty poles, to a ted oak, then iouth, fitly degrees eaft, thirty eight poles, into the aforefaid branch, then opthe various courles of the laid branch to t.'ielirlt ftation, laid olfm lots and ftreets according to a plan before ihis Affembly, be and the fame is hereby conftittned and eftabhflied a town, and (hall be called by the name- of Nrilltamftowtt. III. And be it further ensiled, by the authority aforefaid, that from and aher the palling ot this aft, Samuel H'illiams, Thomas Hunter, Samuel Smith-wick, iViUiam Slade, Edward Sauthwici, and John Crifin, geutkmen, be, and every of them, are hereby confirmed conmilhoncrs and iruftees for defigning, building and carrying on the faid town, and they lhall uar.dfeiz.ed in an indefeafiblc eftate, in fee fimple, in the laid feveuty eight acres of land as aforefaid, to and for the ufes, intents and parpofes, hereby declared ; and the faid commiffioners, or any three of them, lhall have full power and authority to meet as often as they (hall think necelfary, to appoint a public quay on Roanoke river, ndjoinmj the laid toA-n for a public lindmg, as they lhall think convenient and neueflary. Aid whereas lubfcripii. ons have been made tor the greatest part ol the lots in the (aid town. IV. Be it enacledy by tne authority, ahrefa'd, that the faid commilfioners, or a majority of them, fliafl appoint a time, and -ive public notice thereof, for meeting the fublcrioers on the laid land for de erinming the property of each particular lot, w ich shall oe d-awnby ballot, in a fair manner, by direction and in the prelence of a majority of the faid com n (Boners it leaft, and each fubferibtr lhall be entitled ro the lot or lots which lhall happen to he drawn for him a id ccrrefpinJ with the number c mtatned in the aforelaid plan of the faid town : and the laid commiifioners, or amajoiity of them, iliall in ike a id ex-cute deeds fcr the granting and conveying the faid lots contained in the laid town to the reljiective lublcribers, for the lame, their heirs and alligns for ever, and alfo to all and every other per- fon and perlons who (hall ptirchale any oi her lot or lots in the (aid town, at the proper colt and charges of the faid grantee or grantees to whom the fame lhall be conveyed • and any perfon claiming any lot or lots in the laid town by virtue of iiicu conveyance, (hall and may hold and enjoy the lame in fee fimple. 97 V. Provided ntverthtlefs, t'lat the print?? or grantees of any lot or lots in the faid town To conveyed, fhall within five years next after the date of the con /a, a-.ice for the fains, erect, build and finiih, on each lot !o conveyed, one well framed or brick houie, fourteen feet fquare at the lealt, and ten feet pitch in the clear, or proportionable to fucli diraenlions; n fuch grantee or grantees fhall have two or more lots contiguous, or Hull make any other improvement on tne faid lot or lots which cite lajd commiliioners (hall judge equivalent thereto : and if the owner of any lot or lots in the faid town fha'l fail to purfue the directions by this acf prefcribed for building and fini filing a houfe, or making fome other improvement thereon, as aforefaid, then fuch lot or lots upon vhich fuch houfe fnall not be built and fi- nifhed, cr fuch improvement not made, ihall be re-vefted in the laid commitnoners, and the faid coinmiifioners or the majority ot them may, and are hereby impowered and authorized, to fell fuch lot for the belt price that mav be had to any other pcrfonor per.br. s applying for the fame, in fuch manner, and under fuch reitrictions, at they could or nvght hive done, if fuch lot had not before been ibid or granted. VI. And be it further enabled, by the authority aforef.id, thai the refpective fubferibers for the faid lots fhall with- in three mouths after it fell oe ai'cercained to whom each of tlie faid lots doth bslo-g, in manner herein before men- tioned, pay and fatisfy to the faid commiliioners the fum of forty pounds for each lot by them fubfenbed for ; and in cafe of the refufal or neglect of any {ubferiber to pay the faid fu n, the laid comtnifiioners fhall and may commence a fuit for the fame, in their o.vn names, and therein Ihall recover judgment, with colts. VII. And be it further ena fled, that all monies that fhall arife from cr by the difpofal of fuch lotas may not be built on or improved agreeable to the directions of this act, within the time therein limited for that purpofe, fhall be paid to the faid commilfioner s, or their fucceffors, and by them applied to the ule of the laid town, for clearing the ftreets, erecting fuch public buddings, or nuking fuch other improvements in the faid town, as the faid commiliioners, or a majority of them II, all think necelTary. VIII. And for continuing ihe fucceTion of the faid co-.mifiioners, he it erraclcd, that in cafe of death, refu r al to a& or removal out of the country, ot uiy of the laid co rami .Turners, tne furviving or other commiliioners, or the majori- ty of them; Ihall .dlemble, and fhall from ti'.ie to time, by an instrument in writing under their refpective hands and feata, nominate fome other perfon, being an inhabitant or jreenolder of the faid town, in the place of him fo djing, refuting to act, or removing out ot the couivry ; which new commilfioner lo nominated and appointed, fhall fro» thenceforth have t'as la n; power and jiithority in ali things concerning the matters herein contained, as if he had been expreidy nominated and appointed by this act. C.iAP. XXXVI. An J ^ 'i '-ft.t'l'jj anilay out a town in Washington county. I. IT 7HSRE AS one hundred acres of la id at tne place fixed fur erecting the courthouse and public buildinps of VV IV, xjhington county harh a'rea !/ o?. J ti p-ircnaUd by .ne cominifliouers appointed by law to affix the court- houfe uiJV'fhington coui.'y for the ptv pole of tj ett nj; a town tnereon, and reprefentation being made to this prelenc General Afl'cmbly that iIil- inhabit mts of laid con; y would be greatly benefited thereby, alio to traders and artificers to have a town laid off and eibihilKd by la»v on far 'and: If. B it therefore e.uicl d, by t&e.Gyierdl jijjet. iy of the State of North Carolina, and it is hereby enafled by the authority of the U-.me, tiiat a town be eitablrhetJ on the land parchafed for tne ufe of the county of Wifnngton by the name oi jfoiie/boroughj and that Johu'Waodf, Jejfe fPa/t&x, George Riff J, J^inej Stewart and Benjamin Clark, be com- aniflioners to lay out and direct the buifdi > o '. of the fa. J town of Jon sfbo rough ; and that the commiliioners, or a majo- rity of tbem, as foon as may be after the palling or this act, do let apart a let of ground convenient and lufficient for the public buildings in la : d town, and ailfo lay out fifty other lots to contain one acre each, with convenient Iquares and ftreets, and the overpusof laid land, il any, to remain as common to ihe ufe of the faid town until it fhall by lav/ be appropriated toother u'e , and that the faid coainjifiioners , or a majority of them, fliall hare full power, and are hereby required to make or c^ui'e to be made, a fair plan or laid town, and nup.jber the lots, ar.d takelubfcrp'ions for laid lots ot fuch perfons as may be willing to lubftribe fcr the fame, and when the whole number of Jots Ihall be fub- fcnberl for, the commiliioners aforefaid fhall give public notice and appoint a day for drawing lidd lots, which Ihall be done by bjilot in a fair and open manner by the direction and inflection of a majority of faid comnvlfkners, and each liibfcr.ber Ihall be entithd to the lot or lots drawn for him correlponding with the number contained in the plan of fad town, and the fa'd co'mmillior.ers, or a majority of them are hereby impowered to grant good and lufficient titles in fee iimple for the laid lots at the colts of the fubferibers. Provided ntverthelefs , every grantee, his heirs or aiiigns, of Jiiy lot in the faid town fo conveyed, fliall within three year? after fuch conveyance, erect, build and fi- niih, on the laid lot, one brck, ftone or well framed houle, twenty feet long and Sixteen leet wide, and at leaft ten feet in the pitch, with a brick or (tone chimney, or in proponion to Inch dimenfions il any pcrfon Ihall hold two or more lots adjacent, and if the o viier of any lot or lets Ihall fail to build and finifh thereof as Wefore defcribed then fuch lot or lets fliall he forfeited, and the aforefaid commiliioners, or a majority of them are hereby anthoiized to Jell (on public notice firft given) fuch lot or lots to the higheft bidder under the Lke regulations as the lame was be- fore granted, and the money arifing therefrom fliall be applied by the commifhoners, or a majority cf them, for the benefit and improvement of faid town. lil, And be \l further enafied, by the authority aforefaid, that each refpe&ivc fubferiber for any lot in the fiid town. S a 5 ' ! :...:., ;: ; I ■: fnbicrib ng .for the. fatil JojtS, pay fetffinty five Cellars for each and every lot into the hamU of the faid com- miflioners, brauy c:e pi ..he n sil ,- [] a appoint, who after deducing fuch part or thefe monies as the court Ih.dl adjudge a realisable cotHpenfaron (or their trouble, are hereby directed and required within three months, after the lots are drawn icr, to pay the remainder of all fard monies into the hands cf ihe ai'orefaid cemmiflioners, who fhall ac- count with their relpechve county court, who lliall apply ail the aforelaid money towards defraying the- county coa« tingent tax. Chap. XXX VI I. An t cl to vefl the property of a bridge lately built by Samuel Ruffin, deceafed, over qrcatG rent-Ccri* tentney creek, in Etheldred Kuffin, his heirs or afjigns for twenty years. '• \T7KEREAS reprefentaticn hath been mtde to the General Afiembly, that Samuel Ri-ffn, late of Edgcomb V V county, deceafed, did at a considerable expence, erect and (inith a good and iubltantiai bridge acrofs Content- r.ey creek, at a place general!}- known by the name of Peacocks bridge, with a view of re imbui ling hiinlelf therefor by receiving the then accuftomed toll from travellers and others, which an act of the General Ailembly fuice palled, has prevented ; much to the injury of the laid Ruffin ; II. Be it therefore entitled, by the General Affembly of the State of North- Carolina, and it is hereby entitled, by the authority of the fame, that flora and after the palling cf tb's £<5t it fhall ar.d may be lawful fcr Eti.eii.rtd Suffix heir to the faid Samuel, his heirs or afiigps, to receive from all travellers and others palling the laid bridge, the refpeeturs funis which lhall from time to time be allowed by the court ol Dobbs for travellers, and others palling ferries in laid county, and to keep a gate on faid br:uge. Provided neverthtlejs , that all perfens, carriages, &c. when in actual mi- litary Service of this or the United States, or exprefies fcr the fame, (hall pals faid bridge toll free, fuch perfens mak- ing it appear to the owner of laid bridge they are in the lervice above mentioned. ill. And t le it further enacled, by the authority rf the jime, iba't during the tine the bridge fhnll be kept up and in repair, fit for travellers and carriages to pals and repal> the fame, it lhall net be lawful for any perfen v\ bat- foevcr to keep any ferry, budd any bridge, or let any perfon or perform, carriage or carriages, cattle, hogs or Sheep over the laid creek for fee or reward, within live miles cf laid bridge during the times atorelaid, under the penalty ©f two pounds, to be recovered by the owner of laid bridge, before any jurisdiction having cognizance- thereof, and apphed to his or their own ale during the laid time the right a.id property of the laid bridge is hereby invelled in the faid Elthtldred 'Rujffin, his heirs and affigi . IV. Ar.d be it further etiacjed, ihat an act rf the General Afiembly prided at Newbern the fecond day of May, 1778, mtiiled, an nEl for appoint m& commifftoners to build .1 bridge acrofs Conter.tney creek, and/or other' pur po/es, be and the fa-ne is hereby repealed, and made null and void. V. Be it further enacled, that the laid Elheldred Ruffin, his heirs or afligns, fhall not during the faid time, fall or caufe to he fallen any tree m the ford at or near where the faid bridge now Itands, or otherwife ftop or obstruct, the lame fo as to prevent travellers and others fording the creek thereat, under 'he penalty of one hundred pounds for each and tvery oflence, to be recovered by any perlon who lhall iue for the lame, before any jurisdiction having cog- nizance thereof, and applied to his or their own ufe, VI. And be it further enacled, that this act (hall continue and be in force for and during the term of twenty years, and from tbencc to the end of the next fellion of Affembly, and no longer. CrtA?. XXXVIII. An acl for granting a free pardon to Charles Shearing, wji under fentence of death. I. \K 7HEIIEAS Charles Shearing, lately an inhabitant of Chatham county, was convicted at the luperior court of V V ihe diltridt of Hilljborougb, in Gclobcr term inttant, for lelonioully Stealing a horie, for which he was condemn- ed to die ; and whereas full and Sufficient teitimotiy has appeared to this Affembly that the laid Charles Shearing has heretofore behaved himfelf as a good and fai'hful Subject, and a recommendation of mercy in favour of the faid Charles Sheading being prjfenteuJ to this Affembly by the Jjdges of the laid fuperior court for :he district of Hi'dfhorough ; II. Be it therefore enacled, by the General A fembly of the State of iNIorth-Carolina, audit is hereby enailea by the au- thority of the fame, that the faid Charles Shearing be, and he is hereby freely and fully forever pardoned of the crime fcr which he was fo convicted and Sentenced to die ; and that he be difcharged from all further confinement touching the faid condemnation on paying the lawful fees. CHAP. XL. An act to prevent the flopping the fiflo in the Uharie river. I. r'T/HEREAS divers perlons inhabitants near the laid river have h retofore made a practice of Slopping the V V fame by buildio ; wares, dams or hedges, with defign to catch fiih, whereby great injury is done to the good .... i ■ ..res, dans or hedges aforefaid : for remedv whereof, if. Be it ciui cl> d, by the Q. neral '• mbly of the State of North-Cai ciina, and it is hereby enacled, by the authority of people refideDt above fuc if. Be'ilenahti, by t... the' /lime, that from anil after tnepaffing of this atir, it ill 11 riot be lawrul for any perlon tr perlons whatfoever :p budd or erect, or caulc to b ■ built or. erected, or keep,up any that is already er; dting a town on the lands of John Smith, on Netife river, in Johnfton ciur.ty' ', or other improvements thereon, which (hall be deemed by the directors or coajiniffioners of faid town equal thereto, within the ipace of three years after the palling of this act, ihall and is hereby declared to bevelled in the grantee thereof, his heirs andaingns, in fee-iimple ; any thing in the laid aft contained to t;ie contrary notwithstanding, "p. 73. Ckap. XXII. An ad? tovefl the title of a certain lot therein mentioned in William Courtney, Efquire. I. \T WHEREAS it hath been made appear," to .the fatisfaftion of the General Ailembly, that William Courtney, Ef« W quire, of the town of Hill (borough, is juftiy intitled to a certain lot in the town a fore faid, commonly known by the name of the ftillhouie lot, number 45, She lame being a lot late the property ol Young, Aliller, and company ; and the faid Young, IMilltr, and company, who owed allegiance to this Irate, having departed the fame, and joined the enemies of the United States, whereby their property hath by the laws of this lUte become forfeited to the lame ; and it being realonabte that the fa>d lot fho'.ild be protected from confilcation, and feenred to the laid William Courtney ; II. Be it therefore enacled, by the Genera! Affembiy of the State of North Carolina, and it is hereby enabled by the au- thority of the fame, that Jcfhua Potts, John Ray, and James Carrington, commillioiiers for felling the coniiicated property in the county of Orange, or any two of them, be, and they are hereby impowerecl and required to execute unto the ("aid William Courtney, his heirs or afligns, a good and fuflicient deed of conveyance for the fame, he the (aid Courtney paying into their hands the balance whicl may appear to be due on the faid contract ; which proceedings, when had 3iid done, fhall be deemed fufricient in law to veil in him, his heirs and aifigns, all the rigi.t and title •which this ft.ue hath, or may have acquired, in and to the fame, by couhTcation, forleitur'v. or urherwile ; any law to the contrary notwithstanding. VI Year of the Independence. The Thirteenth of April, 1/82. Firil Setfion. Chap. XXI. An aft for diviairg the Ilowan regiment of militia into two feparats and d-flinc~t regiments. !• "VS/HEKEAS the great extent of faid county and the uncentrical (i uanon of the court" houli.-, renders it very _* * inconvenient for the militia of the weft end of laid county to attend court martials and other miliary duties at faid court houle ; for remedy whereof, II. Be it therefore enabled by the General Affembly of the State of [Nor tli Caroiii.a, and it is hereby enaftedhy the.aum ihoriiy of the fame, that from and after the pilling o! t is aft, the companies of t ie following captains, to wit, cap. tains Davidfon, Cowan, Crawford, Caidvell, Pttrviimce, Graham on Hunting creek, Nichols and Sharp?, as they now Hand, mall be a feparate and diitinft regiment known uy the name of the Rowan iecvmi regiment of militia. III. Aid belt further enafted, by- the authority aforefaid, tint laid regiment, from and alter the palf.ng of this ad,. /bail hare, exercife, and enjoy all the powers and authorities that any other feparate and d-ftinct regiment in mis. Hate does exercn'e and enjoy, any law to the contrary notwithstanding. IV. And be it further ena&id, hy the authority cforejuid, that the place for holding general mufters for faid regiment ihall be at the plantation lately occupied by Chriflopher Irwin. V. And be it further enacled, by the authority aforefaid, that nothing contained in this act fhajl be confidered or deemed delcripcive of, or influence any determination refpsfting the boundaries of a new county, if at a fuurc peri? odfuch new county (hould be moved lor. Chap. XXIII. An at! for regulating the town ofEdea'on. I. ^7[7FEflEAS it is the interett of every (bate to regulate the police of its lea-pore towns, and encourage their * » trade, and whereas the laws hitherto palled for regulating the town of Rdenivi have proved very defeftive, and the method in ue of appointing commilhonerslor the town is inconfifienE with the ipuic of our prefenc conftiui- tion ; II. Be it then fore enscled, hy the General Affembly of the State of North-Carolina, anditis hereby enacled by the a:;*. thority of the fame, that five commilhoners for the ww n of Edenton fh-ill be chofen annually on the firit Monday iu July of every year, in tne prefence of the iheriff, or any two Juftices of the Peace, for the counry of Chowan, and every fieeholder who is refident in the faid town, and every free man who has relieved there for twelve months, and paid public tastes, (ball be qualified to vole for fuch commi!Tioners, which commillicners when chofen, Ihall have all the powers, and be poflelled of all the rights and authorities, in refp ft to titles ro public lots, or otherwile, which any former commillioiiers had, and were pofi'eiFed of, fo far, as is confident with the purview of this aft, any former aft, cuftoni or law to the contrary, notwithftandinrr, III. And be it further enacted, by the authority aforsfahf that the faid comtn'ffioners may furround the town with a ditch or. fence, erecting prpper gates on the highways, they Hull keep the public Streets and bridges in good repair,. TOT they [hi!! cam i a pub' c mi ket hoflfe to%! ereSed in fome convenient p!ace ia thd town, and a pirbl '. i,-f to b- e riU^lor tie ftrect or public lor. . IV. Xnibe U fw ther en - d, by the , ttthority afore/hid, that the fatd com niffionefr'i may let cue s or the bay i v vnanted'fon^ulTiic uie, or buildings, oa leale, for any terra not e: ihfti tffe of the town. forefaid, that tbcfitd commHBonf'rs fli.ill enj p. : .5 1*1] ':.' gtS I ijv Ml I ; -'i i - ; : ' ■ ■ ' ■ " .. '..' a '!;•': '. | : ' .. .: of J: -..'.: ime to be >.'. . | .- other ftock, to j le conimofip, ■ I ■, : leer's; no pcr'orf lhali , . . ,■ ii \o as to < . . ' ■ ■. , I .■her laws for n giila ,, ,.,,,. e I ess I recovers d before av. dtl if tb pa fair and i emphat ret - d of the r proi monies in the landvof die tjsa(ijtfer of fatduoifrn, rhchiunias tn his leryfcetfc VI f - /, that tie commrftioher's for the I For tfiC time I oe, and in all tl i ig: act, as a body corporate, that they ; iay hi p:e-d ov be im I d lg an ...las. a-add; :.;iy perlott whatsoever for any injury di l : to :.ny pul , rovvn ii'i the lame manner as any private perfen might do lor any injury done io nay private property, and th< on of the annual election fliall not be confjdered to diflblve the body cor; orate, to as to abate any a< .-, - n/ court v\ herein the fahl body corporate.^ apnt^, butthen^w comwuljaijeps fftall in every relpect, and tosll in/ent and pWpofes, (ac.pt as to any refporfibiljiy fi r nnj abule^cf ofTue) be conftdered en the f.aW .;■ ti in*the place' of their predeceilcrs, and tm jofkyof the corftiwiflionci's fliali be held IrfEcjeiil re - cm any buiinefs. Provided, chst no tittering Of the commiifroners-be he IdV.t^ decide upon a iiceot the intended meeting, Ggncd by 61 e of the c&nrtnHItoners, (hall have been leitat the dwelling houle oi each cohth f. Softer, at leafi twenty tour houra bi fore the faia meeting.' VIII. /hid he it further enacted, by the authority ufo-t/liid, that the fait! comrniffioriers may \e\y ov every lot n the town of Edenton, a tax not exceeding ten drillings I'pecieper am. and they may lay a tax net exceeding ten fhiltin;e ; ksitAbereforojsnaaed, by the cnUjioritfafarefiiid, tiia; tii: e-,:no;,inor:er fbalL recair n thoufe and k ep it in oroer, for w hich repaih they (fad le paid out vi fuch iconej as has been colin be collecled, for tbe^urpole of ere/bng aprifon or court houfe in the town or 'Edenloii lor the oa- .. i'- !i m '■■• v culled, Ir/the authority afcrifaid. that the corr.miflier.crs fiall appoint ere of the r r body toatl irer, toreceive and account for all public tnonies. of vvhicb a regular entry mull be made in a book to be rpnrpofe, and upon the appointment of a new ireai'urer the old onjjrfhah immediately pafirhis actoutits pay any balance refeaming in his hands. Provided, that before fuch treafurer enters upon hisVl ijlgive bond with good lecuiity, payable to the cbmrnillioners, ana conditioned for the faithful dii'char.ge oi bis XI. 'rfhdbe it further emitted, by thsrairthority iforefaid, that esch cemmifuoner before he enters on his oflice, fhall . and he is required in the presence of'two fulticcsof the l\-.c., to take the following Oath : 1 A. Ii. da'fivt ■ ■ I duty rfi commijfwner for the town /Edenton, apreabh to I -,v accordinx '. SO HELP MEGOD.* . L ' ' \ V ,'™* •A. An I be it further enaSied, by the authority" afiire/ald, that all and every former act or aeds paded for the re-t- huon eftae to.vn ot hd,nton lo far as the fame, or any pact thereof is or ai^e inconliilefit 'with this act is aid are hereby repealed -and made void. ' ttiiurDino Chap. XXIV. A*ta& fnrthefrmition ofltarnttig intfiefyflrift c/Edeuton. *•- YY^i*EREAb the gooii education- of youth has the • molt direct tendency to promote the • rtu«? increafe the weaMfj ar4 extend the feme of .-ny people, and as it is the JfiTdifgenfabJo duty of every lendiature ;, C 9. 102 tuft the hajpinefs cf .1 rifr.ig generation, ami endeavour to fit them for an honourable chfeharge of the focial duties cf life ; and whereas it is reprelented that 3 public feromar y of learning is much defired in the cliftrict of Edetilon, an -J that lome provilion is already made for luch an itdtitution ; II. Be il therefore enabled, by the General JtTimbfy of the State of North-Carolina, and it is hereby cnt&ed; by tht authority of the. fame, that Mr.- ireuell, Mr. Gregory, My. Charlton, Mr. Samuel Jehnfton, Mr. Ever agin, Mr.'laic. rertce Baker, and doctor Hugh William/on, fhali be, and they are hereby declared 10 be a body corporate, to be known and diilinguilhed by the title of the truftee* of Smith's Academy, in the diitric\ of Eietstzti ; and the laid trultees lhall appoint annually out of their own body a president, a treafurer, and a fecretary of the corporation, and they the fiid truftees lhall keep a public leal, and the fame may alter or amend at plea lure ; they (hall be capable of fuing or being fued at bw j they may purchafe lands and the fame difpofe of at pleaiure; they may receive donations or legacies or money, lands and other property. Provided, the interelt, rents, and^iett profits of their capital, fhall not at any time exceed three thoutand Sfanifo milled dollars per annum -• in general rhcy fliall or may do all luch things as ate in lally dene by bodies corporate and politic, or kich as may be neceffary for the promotion of learning and virtue. III. Jfjed be it further cnu&id, by the autheri y aforefaid, that the truilees having purchaled or erected proper build- ings, for a public feininary in lone convenient pert of the diftrict, (hall employ one or more teachers in the fame by the name of rector, prcfefjbrs, and tutors whom they may remove or difplace if they fhould find it neceflary. IV*. And be it farther em-.eled, by the authority afortfid, thai the truftees fharl appoint their public vifttatiens of the Academy once every fix months, when they (hall exam me u i at progiefs is made by tire feveral ftudents, at which vifitations they may, for the encouragement of learmrgj give certificates to any fkidents conctrring the progrefs they have made in any Ipecies of learning. Provided always, they (hall not on any account gram degrees or tit les, luch as the degree cf batcbelor cr maftcr of arts, or doctor in any faculty. V. And be it further enuiled, by the authority afore fid, that the truftees fliall not in any cafe fell public lands, or dif- pofe of public money, unlcfs when a majority of the boaixl is prefent^ or daring their fbted half year!/ vifitations, nor then unlefs wtiitfu notice had been given bv the president orlecretary ;oeacfi member at leait four weeks before the villtation, figiVifyirig the propofed dHpoftitbn or (ale. VF. And be it jurihtr er.aclc.i, by the out ho* ity afore/did, that on the death of any truftee, or in cale any truftee fhould rcfufe to fqrve, or Ihocld fo far neglect the rhity;he owes the public, as to abient hirnfe.-f from the itatedor extraordinary meetings of the board for two full years, the renaming ivuftees confiJerni r ihe le it of luch deceaflra* jcligning, orablenting member as vacant, fhall at their next meeting eleitfbme fit pcrlon to ferve in his p'ace. VII. And be it further enacled, .by the authority ,:fotth ihe'fa; La cot [,ep . an;, bu: as i'.tJi'.is' aide to the liws or this ihte. ■■;.; '.lie iuecehlon of (he laid commiiTKHrers, be ily aft leath , refiif.il 10 ail, or.Dtter incapacity of anytol i i or-» majority cf'tfiein, (hall alfemb.eat the ia.tl town, and art in rjr,i t time, by in» i , runder their retpe&Jve h. aids and fc..b, to i other] ig a Ire;-- : in t»e pWceof hiufriodjing, r t !'...• :i- :..• sit, or rervio\ . . r!bf. j* ed, fliall from tbenceiortii have the I ke prV ' 5 and maimers, besein-cui* . as tl ii« h.i.i Llci; eoij rtflly named and appointed in and by this a"cV. iX, /Sb dft to amend the fevtral uflj'pfijfcd.intbisjtatt, ft- pfe&ntHbe 'filoppbge oj 'the ) .up the fe* ; above n Irs have no! been at fvvered^by reafen cf the . eoufidei able, ;.:i ' i. agawft any REAS the pxod purpofes intended by the above m fsbavenol been at ! V ■! red by i t a'' n cf the reclated liate cf our currency, t lie penult j on ha- for the 1'ai .-, nnd pay the firm of fifty pounds Ipecie, for every twenty to ir hours he t ; n Jir-, to oe fued. f8r in a lepar'ate fu'rt for eat h day be or Ql s may fo be recovered before any j ■ving cognizance thereof, byanyperfbn svho lhali lue for the lame, ore ha i" to the perfor. the other halt to the uft of the poor ot rh<: county where the ■ plaintiff is a p lid.yjt. III. , .- auHririty uforefaid, th.tr Neufetffrei (hall be kej t npen in 1 f;e mam - r as ihe o- rherriv. ;d in the feyeral above, recited a£ts., ai:d any jSeifon 'tir perlcnsoffericniig'heii n ; (hail be liable to be fame | (.:... hies, and to le recevcrSd'hi theJ'asne manner as other fines and ; enalt es bj this set sre directed. XXXH. AnmSlttyv ; m>n\ ■' ' ' 'ic biili'wgi in 'he town ■ -■ buroti'Mi, undfitha 7. IT.. III. IV. atdV. Of,/ ,VL i\ ND bt it furthef\ , that every free older of the town of Hillfcoraugb, re»- l\ tiding in in the, term ^f five. -months after the palling of, this aft, pave fix ieet wide of tiie fhecic- iii lal iront cf i; ■ btiik or ftone, and indole the ( nne wirh ltrong polls and rails; and in cafe aiiy freeholder t*f faid tbv-'n 1 iall retqfe or neglect topav'e and indole with tofts and 1. b i. lot as-above - I-, Qial! pay th« fnmof tJventy pounds ipecie, to b ' by v.anaiit under the hinds and leals 1 . ... ps'/oi nnajorltj of thtm, that ilull be hereafter rtomitMted and appoiiit- «d by thiL. ,-.d, dir .-■ ■ ti.ev (lull ,i::;:o:r,t to eoileC* the fame, which collector is hereby- hnpewered to colled, and mSj^e diftre fs Tn 1 ke manner as o-her colletfors or" publfe or county taxe^ are impo Acred by l-'epair'; cr in cafe a w i.. habit mi oi 'f aid to \ r, vdio afttr being (ummoned by ihe overfeer, (halt retufe or neglecl to work oa the f.fid ftreets, be Or ih-y l|iail forfeit ai>J pay the fum'tSf twenty il; tilings fpeue, .10 be reccvered as before mention- ed in this aff, and p i hands of the commHliotfefi of did town, to be applied towards keeping the f in order, tv'ii ca'e any ot t .e laid ctfttimiiiio-iers Ihould ', i i-s oil a d town to aiiemble and .- kd another or others, and he cr tluy fo elected (hall be invelted with the i. m. povver and authority as thole nominated and appointed by this aft. G.iA?. XXXIT. An acTii encourage CJsb Grainier to build alt l\ge nn Smith's creek, «t tie place -wbire the later bridge flood in Nevv-Hancvcr county. ^ XTjj/HSPiE VS a bridge o»er Smith's creek a: the place where (he late bridge Hood would he convenient for tra. » V veliers, and pro.Juct.ve (f much puhlx good, afnd CAleb &/ i '<»w^r,beirigdfifirousofbnilding,cnethereat I113 awn eapence, en condition bf having the benefit thereof for the Ijv-.ce 01 twenty five i years ; II. Beit t, ere/ore cnacied bv ib; General affhmbty of the •Hate f/Ncrt'i Carolina, and it is hereby enacledby the au, thorit) of the lame, that it (hall and may be lawful for the find Caleb Grainger, his heir?, executors, adminiftrators or afijgne, to eredt and build a good fubftanmal bridge over Smith's creek at the place aforefaid, and alter building a bridge as aforef.-.i... it Ihall and may be lawful for the faid Cjl-b Grainger, his heirs, executors, adminitfrators or af- figiM, to keep a luffigie.it gate thereon, and rake and receive from all perforis that pals over the fame the following ratei, that is to lay, for every footman two pence, for every man and horl'e four pence, for every horfe and chair one (lulling, for every four wheeled ..riding carriage including horfes drawing the lame two Ihilling*, for every cart eight pence, for every waggon one (hilling and lour pence, lor every led horfe or work ox twef pence, for every head of near cattle one pei «y, for every head of hogs or Iheep one halfpenny. III. Ard be it further em-cied, by the authority afore/aid, that after the laid bridge is built and compleated as afore- laid (provided the faid bridge iTiall be lb done within two years after the palling this atl) it (hall not be lawful, du. ring the time the (aid bridge is kept in repair and fit for travellers and carriages to pafs and repafs over the fame (or a-.y perfi-n or persons •A.h.iUbever to keep any ferry, build any bridge, or let any perion or perlons, carriage or car- wagesj cattle, hogs or Iheep, over the faid creek fcr fee or reward, within two miles of the lame, during the term afcrelaid, under the penalty of twenty shillings fpecie for ea h a >d every bfienfce, to be recovered by warrant bv the r A V r fi d be j t J : " iher e^cledy by the authority aforefaid, that when the afcrefaid bridge (hall be built, the afore- e aforefaidi l V. Provided i&iKYtkelefs-, that no toll (hall be demanded or receivc.l for public waggons carrying public ftnres or* iuppl.es tor the u!e of the army, or any detachment thereof, 0, for any troops, and all perfons having occaiion to at, tend general or private muiters, er the annual or other elections for members of the General Afiembly.. Chap. XXXVI. AnaJrto veil in Frederick Willi ,m Marfl.all, Eftuire, of:>,\ Sm> i.Sarrv county, on the lands if the T , 1. ,„^ T , „ . Un,tas * ratrum, in ihuft .te, for the u;e of the unit, dbrtfhr'eh, a d Uher purpofis. ' - L ^HrKEAcl/V^^W^,^^/, dquirer, of Sale,;, in Stej* county, hath mad/it apoear to -tlm Gene- I * I f?™ bl l> tbat 3l1 ll,e "f s ° land ll this «ate belonging ta the lord advocate; the'ehauctiu ] ,L agent : of the -UnUas FrXtrUtnl or ur;ud brethren, have been transferred to him from the former pofl l! ' s ' ■', a ~ the EAMm Fratrum or united br< rhrta ; and « hereas doubts have a. ilen whetl er the laid .r.c.b do , ,,t c :me whh£ the delcnptionot the conh-c. t on act j and to quiet the minds of thole ta whom conveyances have beel e'r ate to be made, cf any p rt or p; rts to, reof - "', u dicto.oe U. Be,t therein- ^ufi^l, by f> e General fTe ,-bly of the State of North Carolina, and it is hereby cvP-d U the aiJ tkonty of the ante, tb.t a «r«in deed of le-;e.and celeafe, d,ted tbe twenty feventh and twen v ei ,'| lt h JfoTobT t^ethou^ndXev^r. hundred and feven y eight, from J Mlie , H,tton % conveying J*e- tra^of Wolhwl n trrvccl" ty to , a ,d Fredertck IVitli^farJJ^l, be hereby declared valid in law, and to be admitted to S n SZ * Surry, and rrgtflered I ra-lhe regilters office .hereof, agreabJe to the teltimor.ials thereunto nper ai nl • and Z all lands which by a deed of bargain and lale of the twentieth o! April, one thouiaod feven hu Ld red anuW four between Wdluint Churton m& Charles Medcalf, regiftered in the county of(V^ in bock number one nare or*, hn ' dred and Gx and ,n & W « county, in bock E, number five, page four hundred and fifty Zo&l Te'Jt^L ed to n .d Charles Medcalf, be hereby veiled in the faid Frederick William MarfhaU in JErfoS d ,', J * veyarces of the above mentioned lands, or anv of them, made, or winch (hall be made by T^" fiderlck t»T' Marfhull, (hall be as good and valid to all intents and purpoles as if the conization aft had never nafie'd II . And be ,t further enacled, by the authority afirefaid, that the power ?of attorney JSSte r,T,v dated the third of grown.**, one thoufand feven hundred and leventv two, impowejing faid Frederic! mL^l JhM to (ed hu lands, be admitted .0 probate and regiftry in the ceunty cf li'ilhs and hi -l a , M ^ could or might have been, had the aft of confifcatio^never pailec * ' g °° d 3Ud Valld '" k w a3 U ' I TT7HFRFAsT r 'h^?? VlJ ' f ' ^ "^ ?*^ o/ " " riahl tra£i °/'^« Robert Cummins. Wr./rr . ! etl made aI,pear t0 the fatisfaftion ot the General Afaembly, that Robert Cu mm ;»< S & \Vw/ 5 „, county, d.dpurchafcofacemm^c^and^^^V^ l^cSifi^tite^ iTOO aforefaid, op. the waters df Reedy Fort, ccmtain'ng two hundred and twelre acres, and bounded as follows, vis. hb ginning at a white oak, corner to the lr.nd of Edward Gilbert, running thence on his lint weft twelve cha'ns and te- venty five links to a white oak fapp'.ing, thence north fourteen chains and a half to a pelt oak, thence eaft, eroding Jluffalov, fixty nine chains to a white ode, thence fouth thirty i«ur chains and a halt to a white oak, ther.ce weft fif. tj fix chains and twetry five jinks to a white oak lapphng, thence north -ci effing the Buhalvm to the beginning, twenty chains ; and. the laid Robert Cummins having paid part of the purchafe money, and taken bond of the laid Ar- chibald and John Hamilton, conditioned for the making to the laid Cummins a good title in fee liniple in and to the laid land ; and whereas the laid Archibald and John Hamilton afterwards and before any legal tale could he obtained from them for the land aforefaid, dd withdraw themfelves from this ftate and did attach themfelves to the enemies ei the United Stales, whereby all the lands and tenements, goods and chatties, are become forfeited to this ftate, and it being rcalonablelhat the laid land as aforclaid, purchaled-of them by the faid Robert Cummins, be protedted. from Confifcation and lecar-ed unto him ; _ II. Be it therefore (met -d by the General Affembly of the State of North. Carolina, and it is hereby enabledby the au- thority of the fame, that James Martin, John Peajly and John Gi/iifpie, commillioners of confiscated property in the faid g<^(unty of Guihfurd, they or any two of them receive whatever part of the purchal* money -ie due by the faid Cummins in.fpecie, pnvided the lame be tendered within fix months, and that thereupon thr I'.jd commiilioners, or any two of them, be authorized and impowered to make and execcte unto the. laid Rtbert Cummins a good and futSci- ent deed of conveyance, to him, his heirs and aligns, forth* 'aid land, all which proceedings, at the proper coil and charges of the faid Robert Cummins, when hod and done, fhall be deemed Sufficient in law to veft in him all the right and title which this Hate hath, or may have acquired, in and to die lame, by confifcation, forfeiture or oiher- wile, any law to the contrary notwithftanoing. i , Cha?. XXXVIII. An ad to c r J>:fi m y Lifter, for the in! lowing lands, to ivit, all that',menuage or tenement, lot or half acre ot ground, filiate Iving and being in th io \n o( Xeivbern, iri €^aven cqfeiiiy , in this ftate, which js known and dtftingtiilhad by number fifty one, lying vn the louch fide of the lot commonly know u by ilia n une of the church !■■>'. tnretlier witn tne '.aid church lor, with ali the hou'fes, edifices arid br.ildings, whatfoever thc'rqun uanuinpr , and alfo-twotrafts of land lying in Graven, county, on the north fide of Tnnt river, the drie'tra v el boii.n'dedas fulloweth, z>'l. upon Lav/en's branch legjnniflg at twojtedoalts, the upper-corner- trees of Richard tt.i Pi la,-d, and running ■ nnrt'i forty five degrees ealt eighty four pole, thence north tw ivy nine weft twenty p"'e, tnen.ee v.eit one Ivan Ired pole, thence foatfi iixry weft '1 ty fix pole to a pine, thence fc.ii.fh feventy eight weft one hundred and lix» tv-r.t pole to a pine, thence north fixty weft one .hundred and forty'liit pole toa pmc-, thenceforth forty thiee weil orty three pu'.c to a nine, the . :e ffluth thirty ihree eait ninety tv/o poltj, thence iouth 'fixty cA\ tyi o hundred and le- r^.i'y onejJole so a pine, Llsence north fusvy \ wo caii ieve:uy one pole, thence uonh li>;iy eight call ninety foiirpolp a red oak by the fide of a branch, branching from lawfinh branch, corr.wonly called the Schoaltoufe branch, thence %ith a ftraight line to the beginning, containing three hundred and twenty fix acres : and one other traft of land on the fame fide of Trent river, a mile above Newborn, begmnning at a white oak, a corner tree of Culkn Pollock** .lands, thence touth fifty degrees welt one hundred ai d fixty pole to a red oak, thence fouth forty eaft two hundred pole to a pine, thence north titty eaft one hundred and lixty pole to a cyprels, thence to the firft ftation, containing two hundred acres of land ; and the faid copy of a deed for the before recited lands, iigned with the name rf William Merritage, and atteited fay, John Wright, Jonn Rice, and Richard Lovick, bearing date the twenty eighb day of March, in the year of our Lord one thouland feten hundred and forty eight, and the probate thereof as attefted by E. Hall, the then chief Jnftice, having been made appear to the la isfaction of ihe General Afiembly to be the true, abfolute, and exact con) of tfee be'ore mentioned original deed of i'ale ; - II. Be it therefore enaclcd, by the General Alfftmbfy of the State of North-Carolina, and it is hereby enacled, by the au. ihoritv of the fame, t! at it (hall and =nay be lawful for thereafter of the county of Craven, *nd he is hereby required, •n application of the faid Richard Naff.m Stephens, or any per on on behalf of the faid Mary Stephens, to caufe the be- fore recited copy of a deed to be regiftered in the regillcr's office of faid county, and the (aid copy is hereby declared t) be good and valid in law and equity, and (hall for ever hereafter be deemed and confidered as an original deed of foargam and fale, for all and every ihe lands therein mentioned, any law, ufa^e or cullom, to the contrary uotwitW ftanding. Chap. XL. An aS to vtft in John Hay, the property of certain lands in Duplin county. I. TT7b'EriEAS it wasiefolved by an Afiembly held at Ne-Jibern, in the month ol April one thoufand (even hua> VV died and cglity that a law, veiling in John Hay, his heirs and afligns, two thouland eighty three and one third .feres, pari of a furvey ofiand patented by the late Governor Dob it, containing fix thouland acres, more or lels, in Duplin comity, and bounded to the louthward and eaftward by the (ix.run<, and Alexander Stewart's furvey- &c. to the northward and weft.vardby John Samp/on' s and Siuit/.'s Luc's, mould puis : to carry whi;h re. olve into ef» i, \, II. Be it thfrrfore en:'i~} d, by -tkeGeneral-Mffembly ofihe Stateif North Carolina, endit is hereby ena&ed, by them** ttnriiyofthefame, that Willium Dixtn fames Kenan, and James Mo*re t be, and are hereby appointed commiffion- eis, who IhaltcaVift to be fiirveyed and laid off usto faid John titty, inss imalla number »f lu'rveys as is practicable* tiu o th- ufand ai d eighty three acres aivd one third ef an acre of laid iand, in luch manner as to them, or any two of them, may appear .-juft. HL And be it }u ;bcr enafi.d, by the authority afrefard, that the furveyor flinll make two lets of plots of his fur- veys, one copy o: which he is u> deliver to the faid John Hay., and the other into the regifters effice of Duplin county, there to be i I b> the proper officer, wliic:i record fhall be ectprelfed to be inane purfuant to this act. IV. And be it fitrt cr cud; I, by the 'authority aforeta'td, that the Iheriti'and comrniflioncrs of conriicated property 3fv»r Dunlin county; ore; her of them, fluli, an J they are hereby directed to give to John Hey aforeiaid, entry and poflt lilen of al! and ever > part of the aforelaid two thouland eighty three and one third acres, to have and co hold the fame by hiniielf, his heirs and alliens for ever, againftall perfons whatfoever claiming otherwiie than under Arthur Doibs afcrefaid. • -— - ' — — — ' — — ■ ■ 1 — 1 -— ««. VII Year of the Independence. The i Sin of April, 1783. Firfl Sefiion. -Chak XXIV. An cR for the fromotitn of learning in the dif/ricJ a/" Wilmington. I. TT 7KEREAS the good education of youth has ihe nioft direct tendency to promote the virtue, increafe the \ V wealth, and extend the fame ol any people, and it is the'indilper fable duty of every JegmaYure to confult the happinefs of a riling generation, and endeavour to .fit them for an honourable did harge of the locial dufes of life - and v. hcreas it is reprefenteo that a put lie fe miliary of learning is much dclired in thd dtftfict of IFilmingfon, and thac lome provifion is already made lor luch an inliittuion. II. Beit therefore envfled, iy the Central Ajjert I ly of lit Stateof North. Carolina, rrd.it is hereby cneficd, ly the authority of the famt, that the honourable Samuel AfM, : Archibald M'Laine, William Hill, Thomas JrTCuire, John ht~ from, John Hay , tile honourable Ma ard Star key, John Lillirglin and Robert Shaw, ciquiies, (hall be, and ihey are ereby tlecLred tobe a body ccrpor'ate, to be known and diftmguifhed by the title oi the trultees of Innis Academy, m the ddlrict of-fVUmihgtm ; 2nd that die laid iruiiees mall appoint annually ^out of their own body a prefide nt, -fecrera- ry, and trealurerot the corporation, and they the faid trtiftees (hall keep a public ft-al, and the \^v..e m-y alter and amend at pUaf'.ue ; they ■ f ol luing cr beii g fued at law ; they may purch'afe hinds, and the liime rif. poie of at pleafure ; they maj rective donai'^i s and leg-iciii in money, lands and other property) provided the inter- elf, rents and nett profits 1 1 their capital, fiiall not a; .n.y tin.e exceed three thoufand Spanifl) iniikd doil :rs ptr, an. rum ; in general they fu.. dg or maj do - 1 jch th i gs as are ul'ually doi.j by bodies coi;poruld find st nsceiTjrv. IV-. And be it fu-iher en 18 d, , rity afwefi&d, that the truftees (ball appoint their pafeUc vifhaiions ofths oc.;de:n/ Jiue in e .e;v fis in mi • , ■ ■ i fct«ey fli !l t ..amine, wlwt prSgnefs is made by the fevernj Shidente, at which viiitadons they may for the one i irago n . of learning, give certificates 10 any (indent concertttngstfee progrefs they jnny have mule in a .y k ecies cf iear.;i, . i/ded aivayt, they ih..il not on any atcour.t graa* degrees or titles,. fuch as batchelor or matter of arts, or (\ iStor in any faculty.. V. And be it farther en ifted, by the authority difarefaia\ that the truftes fhall not in any cafe fell public lands, op «Ji(pofe of pnbiic property unlefs when a majority of the board is prefeut, or during their fkated half > early v'.fitations, nor then unlefs written notice had b/eeri gi»e"n bv the prefi lem or .fecretarjr. to each irwaiber at leait four weeks be- fore the v [nation, lignifyng the propoled ditpofkion or fale. VI. And he i: further er.ac.7ed, by the authority aforefaid, that on the death of any truftee, or in cafe any truftee Jhou'd refufe to ferve, or fliould. f> tar negleft his duty as to abfent himlclf from the itaiedor extraordinary meetings. of the board for two full years choremining truftees coniUrrHfg> the leaf ot fuch deceafed,. refuting or ablentmg laember as vacant, (hall at their r,;xt ule&tvng cifd foirie proper perfon to i'erve in his place. VII. Awl be it farther cnaclet, fry the authority aforefaid, 'hit no redo-, profelTor or tutor, fhall or may at aDy *ime be elected or chofena truftee of the academy ; the governor ot the ftate. for, the time being, though not a truitee, anay at any ti.ne of their visitations rake a ieat with them... VIII. Andbeit further enailsd, bv the authority aforefaid, that the reftor, profeflbrs and tyiors of this academy, ,and all other academies and public i'chools in this ftate eltablilhed by law, fhall be exempt from military duty during their continuance in thofe offices, provided the number o f teachers in any of the laid acaden^es or public fchools fh-'U .not exceed three. Provided alf'o. that all fcuclars and itudenis entering into the laid academy, or any other pubic fchool, and being of the age ot fifteen years or under at the time ol entering, mall during their co.'uinuance thereat be exempt from all military duties. IX. And be it further evaded, by the authority aforefaid, that nothing contained in this act fJiall be cenftdered as ten- ding to prevent the truftees from dtttingiitfliing. their public hall, their mufcum, or their library by the names cf fuch perlons as may within twelve months give th» molt liberal donations to the feminary.. X. And whereas Jama fnnis, late of New-Hanover county, deceafed, did in and by his hi! will and feftarnent devife and bequeath to certain publ c officers therein named, the houfe and plantation where he commonly refjded commonly called Point Pleafant, with other lands,, negro flaves, and other things in the laid will mentioned, tor the ufe of a fchool in New-Hanover county ; and whereas the laid legacy and devile yet remains to be received, and the faid houfe and other bu Idings on the plantation aforefaid have lately been deftrojed by tire, in order therefore that the teftamentary donation of the laid James Innis, and all other donations, diviles, and bequelts, which may have heretofore been made towards erecting a fchool or feminary of learning in the county ot New. Hanover, or in the dillricV «f Wilmington, generally be applied for the £0od purpolf s for which they were intended ; be it enacled, by- the autho- rity aforefaid, that all fuch donations, deviies and bequefls, heretofore made for the purpofes aforefaid, lie and they are hereby vetted in the faid truitees and their fuccedbrs for ever, for the ufe of the- feminary intended 10 be erecled. by virtue of this act ; and the faid truitees are hereby impowered and required to lue for, recover and receive the fame and every part thereof, and to take all lawful ways and means for that purpofc. XI. An.l whereas from the firuation of the- faid plantation called Point Pleafant, and the want of buildings thereon,, to fulfil the intention of the donor, it nnv be found expedient to dilpofe of the fame, and of fuch other real eltate as the faid Jameslnni s bequeathed tor the ufe of the f hod as aforefaid ,- be it therefore entered, by the authority a/o'ef aid, that if the faid truftees or a majority of them, fhall judge the fame expedient, they may fell and dilpofe of all fuch real: efhte of the faid James Innis as has been devifed for the ufe of fuch fchool , they giving fuch public notice of the in. tended iale, and fuch credit for purcnafe money, as may bs ntcfiflaxy for the dilpofal thereof to the belt advan- tage. . . XII. Provided, that the truftees herein before mentioned, fhall previous to their entering on the execution of the trull repofed in them by this att, peivehaad. to the court of New-HwMber county, payable to the Governor for the time being, and his fucceflbrs in office, in the fumot five thoufand pounds fpecie, with condition that they fhall well, and faithfully apply and accourt for all gifts, donations and monies, which they may receive in coalequcnce, and by Virtue of this act for the purr ofes aforelaid. Chap. XXV. An ad for appointing the feveral peifnns therein named to lay out thejlrefls in Upprr-Cambleton, in Cum» berland c ounty, and j or the future regulation of the faid town, and giving a further time for faving cf lots in the JAS the coaiufion occasioned ay the late war, the town of Cambltton'm Cumberland c»unty fhft conti« VV nues in its former irregular form, notwithstanding an act paffed at Newbern, intitled, anaflfor the re?u!atu 1ti of CambJeton, and ereclins, public buildings'' ; and whereas the faid town from its convenience to the weftem fet. tleaienu aaU tVuc eafy, tranfpoVuiion oi goods down Capc-Iear river,, mult ueceilarily become a great mart for the Pro- 109 Wuce cf the i.iier'or country, and many of the inhabitants of the fald town being now making preparation for repair- jncr their houfes, or erecting new ones, it becomes necefTary that the ftreets fbould be regulated without delay, fo as to occallonas liule expenceand iricohveiiierice as pofhble to the proprietors Of lots and houles : and whereas it it found by i xpenence that appointing commilfioners tor the purpofes aforefaid wto reliJe in the faid town, will not arfwer the intention of this act, the jarring interest of different parties preventing them from agreeing upon any one plan ; for remedy whereof, *p. 81. II. Be it ouB.'d, by the General AffetnbJy of the State qfNorth- Carolina, and it is hereby enafi-d, by the iiithvity ofil>efame, that from and after the pafliBg of this act, the town of Carrffleton mail be called and kno.vn by tnc na :.e j." Fayett'cvilk. and the two parts thereof mall be dift nguijlhed by the name of the upper and lower town ; and ibat "Thomas Waie^ Tames Gifitfpie, John Hay, Thomas Owen, #, fey, Matthew Jones*, and Thomas Per* fan, E'qcs'r.s, or a majority of them be, and they are hereby appointed commiflioHersfor laying out the ftreets of the faid town in the roofl regular and convenient manner m wine;; ti« fame can be done, and with as little injury to the proprietors oi lots and hollies therein as may be, ai d that the principal ftreets be one hundred feet wide, and all o- if.er lfreets as wide as the particular (ituatibn of houles and lots will admit ; and the faid coromiifionets or a majori- ty of them are hereby dire/ted in lay nut a fcjuare or fquares tor public buildings, in fuch part of the faid tonn as may be found mod eligible, and of fuch ground as may- be offered /or that purpofe by any bf the /aid proprietors, bid. take a conveyance or conveyances cf the fame lor the ufe or ufej for v. hjci: fuch iquare or fquares flia.il be fo laid oti^ an J |et apart. III. And wheieasitmay be convenient and neceflar y to hy out ftreets fo as to include houfes and lot 1 ;, or part' of: lot?, and many of. the Tots in the faid upper town arever/Iis'al' and jrre'guiar, and run back diagonally lrom the ftr ets as they row iUn;l, and may probably continue much in the Jame direction when the ftreets (hall be laid- off as by this act directed ; be it therefore entitled, bv the authority afire/aid) that the c»mmiflioners of the faid town (hall avoid as much as pbffible the laying out ftrceis fo as to include houfes which they may deem of any confiderable value, and where it ir.ay be necetlary to by out ftreets which may include the whole or any part of any lot or lots, the fame portion of ground which the proprietor or proprietors thereof now pc fiefs fhall be laid joining the new ftreet, in the nio.t convenient form fo as to contain the lame nun bej oi fquare feet which fuch proprietor or proprietors nowpjlTefs Sefpetlively, ar.d she lots behind foch lots fo to be ia : d < if. (hall go backwards progrefiivelv, ontill all the lets (hall be laid out according ?o the plan to be eftabhlhed in ■• r;ue of t .is act, and when the ftreets and lots (hall all be Ia:d off 8'id a certa'.ned as afon fa d, the cemmJlTiociers iha,! c>n;r tne oack lots, (which they are hereby directed to take from ground not hi hertb laid out inio iots) nice valued by a jury of fix freeholders, three to b» diofen by the proprietors of ihe ground ..r.d three by the comrnilLoners ; fuch fn eholder; to be indifferent with refpect to the parties concerned, who are directed and hereby impowered to fummbns theui o attend and value upon oath, to be I'dminiftcred by the |aid commiffiouers or fomo oi iheai, the back lots j which oath (hall be in the following form, to wit : YOU and every cf ycu fbd! well and truly appraile the lot of ground now (hewn you, containing in width feet, in length feet, according to the beic of your judgment, to the furn of money which v.ou'id have been it, rcjl value previous to palling of an adt intituled, An £& for altering the name of Cambleton to Fayettevilie, ard fir ommijponers to lay iff ftreets Jar the regulation of the upper town, and for giving a further time for favi *., c* lots in ihe toper'. town. I , . A ;.. it it further enabled,' by the authority afire/aid, that the faid commiffioners in their difcrction (hall give fuch time as to them (hall appear teafcnable for the removal of any buildings which may be fftuared in whole or in par', on any n^w ftreet or Itreets to be laid eft by virtue o! this ad, having regard to the value and prefen* condition cf Yuch buildings, and the cellars and chimnies, if any, which make pare thereof ; but during the continuance of a- ny I'uch auilding or buildings on the ftreets, it (hall not be lawful for any per ("on or perfons wharfcever to make any repairs on the fame other than fuch flight repairs as may be neceflary to render them ufefu! tor the purpofes for which they may be intended, 10 be adjudged and determined by the directors of the laid totvn herein alter menti- oned. Provided always, that fuch d'reftors fhall not give liberty to make any cellars, build any chimnies, or render any houfe h:.hi:«ble which is not fo at preienr, which may be fituated wholly, or in part en any new ftreet. V. And be zt further evaded, by tie authority aforefaid, that the faid commifiionerc (hall caufe an exaft furvey to be made of the laid upper town, and a plan thereof in which fhall be mentioned all the ftreets, palLp-es and lets of ground, ard to whom they belong, according to the information they may receive, which plan fliall be returned to. the next feflion of the Generd Aflembly', and lodged in the fecretary's office, and a copy thereof with the clerk of the counry wherein the faid town is, or with the directors herein after mentioned, and dial! each be certified by the com- mifiioners, or a majority of them, and ail funis of money which the faid commiflioners lha',1 award and direct to be paid. by any perlon or perfons to any other perl-on or perfons, for or by reafbn of the fhifting of any funation for rhe con- veniency of commodious ftreets and paffages, fhall be certified under their hands, and the perfon intitled 'to receive the hine (hall and may maintain an action for the recovery, before any jurifdiftion having cognizance tiiere*. . of. V. And be it further enabled, by th» authority aforefaid, that the faid coiamifiloners before entering upon their •Ifice ?■ ' t '.i '.fr following oath before any Juitice of the peaco » a i o iA. B. do ffe^vty fwear that Tw'llwell and trtily, dcebr&ng to Ihe beft of r»y judgment, andwithvltprrjitnlceor far' iidlity, cau/e to be laid cjf the fireets, pajfiges and jauares, in the town c/Tayetteville, furjudiit -to 'the direftient of ■this aSi. ' SO HELP ME GOD. VII. And 'o- the good government and regulation of the faidtown for the future, be it enacled, by the authority cforefuid, that Robert Cochran, Robert Roiuan, James Patter/on, Lewis Barge, Rob ertfon Mont ford, J 'ante* Burgcs, and John Ingrum, Efquires, be and they are hereby appointed directors of the fud town ior tlie prel'ent year, to regu- late the Itreets and keep the fame clean and in repair, and to prevent all encroachments thereon, or nulances in any pare of the fad town, and to do every thing for the good government thereof agreeable to the directions of this act ; their power to commence immediately after the commiifioncrs aforcfaid lhall have executed the trait repoled in them by this act, and continue until the fit ft Monday in January nest ; and on the laid firli Monday in January, and on the firft Monday in January, in every fucceilive year, all the inhabitants of the (aid town who (hall be imitled to vote for members of Aflembly, iba'l in .pre fence of the old directors, and of the fheriffof the county in which the laid town is fuuated, choofe by ballot I'even directors to lerve for the then prelent year, and every director fhall be reftdent and have a freehold in the faid town, and fhail have full power and authority to carry the determinations of the commif- Gcners with refpect to the removal of buildings into execution, and to prevent a II repairs of Rich buildings other wife than is by this act, directed ; and the laid directors and their fucceflbrs lhall be in all things a body corporate, may im- plead and be impleaded as (uch for any injury done to any public building in the faid town, or for any nulatiee -in the ftreets or other parts thereof ; and tl e yearly election lhall not operate fo a6 to-diflolve the body corporate, or lo a* to abate any action in any court wherein the laid body corporate lhall he a party ; and a majority of tlie laid .directors fhall be deemed lufficient to determine any bufinels ot which the laid directors fhall hav.exogmzar.ee. VIII. Provided always, that no meciirg of tlie director* lhall be held fo as to decide upon any bufjtlefs, -unlcfs no» tice of the intei.ded meeting ligned by three of the directors, lhall have bsen lef- at the dwelling honle of each of the other directors, at le?(t twenty four hews before the lime of meeting. Attdpi 'voided further, that fuch notice lhall not be held valid nr.lt Is the dnector at whole houle it llwlibe lift, Ih.ill at the time ot the delivery of the .notice, have -been abient at lea.ft three days from the laid town. IX. And be it further enabled, by the authority afore fid, thai the directors fhall. and they a'e hereby impewered to lay a tax upon the inhabitants ot:the fa.d town yearly and ever) year, not exceeding one Hulling for .every hundred pounds of their taxable property, and a poll tax on every mile between the ages of twenty and fifty years, whofe property does not amount to the vain" ot one hundred pounds, to be levied by an officer to be by. them appointed lor that purpofe, and applied to keeping the ftreets clean and in proper repjir, and towards building and keeping in re- pair fuch bridges as may be neceflary ; and they fhall take bond with g'>od fecurity from each effker, payable to themleivcs and their fucceli'crs, for tire faithful discharge ot his uu y, and for paying all Tunis to be by him collected and received to the faid directors ; ant the laid directors lhall . ppo it one of ther own tody to be trealurer for the receipt of the faid tax, and all penalties, forfeitures and other monies by then) receivable., who (hall, give bond in like manner with the receiver of the faid rax. I'rovidcd alwaySj that the tax to be raifed in ibe upper town Jhall not be liable to be applied tor .keeping the llrfiets oi the lower town in order, and oviceverja. X. And be it enabled, by the author i y aforefuid, that for prevention of dangers from fire, and that the laid town may be more ealily kept clean and in good order, the directors may and lhall make from lime to time, and under fuch penalties as they (hall choofe to impole, not exceeding ten millings for the firlt offence, iweitty for the lectnd, and forry for the third offence, fuch orders tha" alter a fixed time to be hy them limited, no wooden chimnies (hall be luffered to remain in the faid town, nor any hogs to run at large : and tlie laid direct; rs fhall alio l^y a penalty fuch as they may think adequate to the offence, on allperlons w'ho w iifully or careleflly neglect to obey the directions of the commillioners for la)i(]»- cut the faid town, -withrelpect to repairs which may bemadeto houfes any part of which mi/ fhnd on tne new ftreets, rr refuting or declining to remove them at fuch time ac lhail be prefcribed ; and the di- rectors lhall and may by warrants under their hands and feais levy fuch fines and penalties of the goods and chatties of the offender, if any are ro bs fountl, and if not may commit him to the prilon of the comity, there to remain fcr fuch time as they (hall limit and appoint, not exceeding ten days, and ihe directors may allow to the officer who (hall exe- cute their laid warrant and other precepts lueh reafdnab'le fees as they may think pr. per, not exceeding tlie tea ■wind) a conltible by law is in tilled to for Terving a warrant or warrants. XL Provided always, that it llnjl and may be lawful fur any pcrfon who fliall thirk him or hcrfelf aggrieved by the judgment or determination of the ia;J ;:ireciors to -iippe-l from fuch judgment ordet r initiation to the-ctunt) court of Cumberland, firit giving iecuriiy to prolecute luch appeal with tftccl, or in cafe he pr '(he fhould be ctft therein, to pay the coll of th_ court, and the faid cur: is hereby irnpdvvejrecj .and directed to determine in any luminary vry. All. Ail be it J:i> t'-cr enact: d, by the authority afore/aid, that if the tax herein before directed to.be laid fhould be fnu; d nf'iificient tor ksepii g the itrcets ami bridges in proper repair, it (hall ai d may he Ian i ul ior ;he laid directors cr a m je-ity ofthe n to oblige luch o! the inhabitants who live ,<■ ithin ihe laid town to work on the ftreets and biid. gc , • il ior neglect or r^luial lhall he liable to the fame penalties, to be recovered by a warrant from the director* aft ref id XIII. Provided always^ that th; faid inhabitanls feaJl ttp'i be obliged to work on any jsther public roadsj but lhall }& tvhi«iK' exempt tiierc/roja. Ill XIV. And whereas moft Gf the owners of lots ir> the lower town have regleciVd to procure from the comtniflion. ers appointed by an ad pallet at Nrwbern, on the fecond day Of May, one thonlar.d (even hundred and ftventy ei>ht, intituled, An ail for regulating Catnbleton, and ere'tlina public buildirgt, and grunting titles for their faid lots*, and ■the contused a„d unfettled ftate of the country (iuce that time has prevented proprietors from faving their' lots agree- able to taw ; for remedy where, f, be it entitled, by 'the authority afore/aid, that the dire 'tors appointed bv this aJf, and their fucceObrs, are hereby impo.\ ered and requ'red at toe reqnelt of the proprietors, and due proof being made before them, to grant conveyances tor lots in the laid lower !Ovn, to the apparent owner or owners, his, he, or their heirs and afligns refpefth-ely, and all fuchperlJiis as poilels lots in the laid low er town, fhall have a further time of tive years from and after the palling of this act to lave their lots agreeable to the directions of the before mention" ■ed act, any tiling therein to the contrary, notwithstanding. XV. And be it further enacled, by the authority aforefaid, that in cafe any owner or owners of lot or lots in the faid lower town, Hull Dy forged or fraudulent conveyances it documents induce the directors to give him, her, or them any conr-vance or conve> antes, for any lot or lots which does not or do not bona fide belong to him, her, or them, in thai caie tuch conveyance or conveyances lhali be adjudged void and fraudulent ; any thing in this act, or any law, uiage or cuftom to the contrary, notwithstanding. XVI. And that fuch frauds and co»in m:iy the more eafily be detected. Be it enacled, bv the authority aforefaid, that when any perlon applies to the directors for a conveyance, fuch perlon (half not only prove his property, but ■leave his deeds, documents and proofs, with the directors, with a l'ufficient fum of money to pay the probate and re- giury thereof. XVII. And be it further enacled, by the authority aforefaid, that the clerk of the court of Cumber-land county, and the rt-giiter ot the county, fh.ill hold and keep their refpective offices in the faid town of Fayetteville ; and if any of the fi'id officeis fhall neglect or refute fo to do for the fpace of fix months after the pafling this act, the c.Ecer fa re- fusing or neg'ttvt ng giailior every month lie fhall be a delinquent, forfeit and pay the fum of five pounds, to be rcco- veretl by a'uon cfe'eht m tneci.rt of the fail county, wherein no efloin, injunction, protection or privilege, fhall be allowed or admitted, one half to the informer, the other half to the directors of the faid town, for the litne bein*, "for ihe ui'e ol the town. The loft Sedior. Chfl.t^ p. 8t. Chap. XXVI. An acl ftr reguktiro the town of Halifax. I. IT7HEKEAS it is the iutereit of every Rate to regulate the police of its towns and encourage their trade, and VV the laws heretofore made for regulating the town of Halifax have proved very defective, and the method in ufe for appointing comiuilTioncrs for the town is inconfiftent with the fpjrit of our prefent conititution. II. Be H therefore enaffed, by the General AJfembly of the State of North- Carolina, and it is he- eby enacled, by the autfaritj if the fame, that rive commtfLoner* for the townci Halifax fhall be chofen annually on the f'eeond Saturday in Janeoi every year, in the prtience of two magillrates for the laid county of Hal'fax : and every perfen w 10 is a freeholder in '.he faTd town, and every freeman who has refided -there for fix months, and has paid public taxes, flail be qualified to vote for the laid commiffioners, « hich crmmiflioners when chofen, fhall have all the powers, and be pofl'eiTedof all the rights and authorities in refpect to titles to publ c lo's or otherwife-, which other former ccmmifTi- oners had and were pofleiled of, fo far as is coiiiiitent with rhe purview of this act, any former act or cuftom to the con- trary, nctwi'hiianding- I I I. And be it further enacled, by the authority aforefaid, that every perfon who is the owner of any lot in the town of Halifax, (hall within fix months, after the palling of this act, caufe the fame to be -cleared from weeds and brufh, and he fllafl ~eep it clear ; and that no inhabitant or other perlcns he permitted to keep hogs, aoats, or other flock* to go at large within the laid town, except horfes and black cattle ; and no perlon 'fhall lfr« ; .n°a horfe in any public ittect in the faid to\vn ; any perlon offending contrary to thele regulations, or an) other jaws fcr regulating the po- lice ot 'the to vn of Halifax, fhall be fined by the trufkes in any fum not exceeding five pounds, to be recovered before any Juttice of the peace, for the ufe ot the faid town ; and they may appoint "clerk, who fhall keep a fair at:d complete record of thetrproreedings, and be allows d forthe fame out of any public ironies in the hands of rhe treifu- ■rerfortf e laid town, fuch bin as the cornnwliionets fhall dcemadequEte to rhe fei vices. IV. And be it further enacled, by the authority aforefaid, that the couimilh'oners for the town of 'Halifax for the time bang fhall be and in ail things act as a body corporate, thai may ple;.d or be impleaded as fuch, and bring any action againft any perlon what lot ver, for any bijur/.dohe to any pubic building or lots in faid town, in rhe fame manner as any private perlon might do for any injury done to any private pro; e"ry, and the intervention of the an- nual election fhall not be confidered to diiv'oive the body corporate fo as to abate any action depending in 2ny ccurt wherein the faid body corporate n a party but the new comni'dVioners fh.dl in every refpect, to all intents and pui-^o- fes (except as to any refponlibility for any abufe of office) be conlidered on the fame tooting, and Handing in the pi .ice- of their rredeceiTors, and a majority of the commiflioners (hall be deen.ed fufficiertt to detiJe upon any bufir.cfs- Pr-oybl. d, that no meeting of tiie cowmilfioners be belti to d.cide on any bulimfs, unlets notice of the intended meet- ing, figned bv one of the commiflioners fhall have been left at the dwelling houf'e of each commillioner at leait twenty four hours oefore the f.rid intciing. V. Jto3.be \tt f itrthsr en a <8ed } by th: authority afar efiad\ tba* the faid camniillioners may levy a tax on every lot in IIS the town alHaUfax, r,ot exceeding twenty (Linings fpecie p er amv.crt ; and they may icy a fcrx not exec; Rf>g twenty {hillings per enn^n, on every freeman who )i.isbeen'ajreQJerit Wr'fix months; and in cafe any per'.ou or perlons thus taxed, (hall refufe to pay ttie fame cl ir lg thirty d lys after notice of the lame in writing^ he or they (ball be li- able to an action of deb", to be brought by the faid ccm-niffioncrs belcre :iny jnrifdiclion having cognisance thereof, and if judgment fhould go againft hhtj the court ihay afTafs a tine on the faid defendant not exceeding one. half oi uie debt !o a covered, over ana'abov;! ths fa d debt, to be ab.o applied to the tile of the faid town. Vi. Jr.J be it/wiher enaQe /, by the authority aforejall, tbat the co.nmiilio aers (hall appoint one of their body t» ait as trealurer to receive and accou.-.r for all public monies tor which a regular entiy moft be made on a bo >k Kept for that purpofe, and.upon the app.>i.H ; ns it of 'a new treafurer the dd 5ne lit. 11 iihnisdiatefy pa's his account \ ic.i him, and pay any balance ti.-rre may be in his hands. Provided, that before J'uch trealurer enters upon h.s ciace, lie ihiU give his bond with good iecurity payable to the eommiffioners for the faithful difcharge oi his duty. VII. And be it furiktr enroled, by the authority aforefutd, that ail hogs null be allowed io run at large in' the faid town while the firlt chty of January next and no longer, and it found a; large iu fajd town alter that date la ill bs Sub. jers are known. II. Be it therefore ene.tled. by the General Affembly of the State of North Carolina, end it i; hereby enabled by the an- iM'ity pfthefame, that where the cvwne'r of any lot or lets in the town of Edenton fhall reful'e or neglect ro denver aa arcount or lilt to the commiificmer* of fa;d town of his lot or lots with the r.nmbers of them in the plan of faid town,, -the faid conriniflion :rs may, and they are hereby impo^ered to caufe luch lot or lots, after advertifing them thirty «ays, to be fold at public vendue for the payment of the taxes due on them, aid the balance, if any, arifihg from fuch'fale after paying the tax due, fliall be returned to. the owners upon application made by diem to the comtniflroh*. crs, lirit deducting the exg ncqs incident tofuch fale ; and the laid commifuonerfor a majority of them, are hereby "jinpowered and autboriled' to grant deeds for any lot or lots fo lold, which mail be good and valid in law. ' ilL And .whereas the law aforefaid directs that taxes mail only bs recovered in a court of record, which is fouud •tobe inconvenient, troubkfome, tedious and expenfiW , he it therefore enafied, by the authoi-ily aforefaid, mat where the amount ot the taxes doe does not exceed five pounds fpecie, the fame may be recovered by warrant and tried be- fore a Jultice of the peace, who (bail have the fame power which by the faid law is given to any court of record in the like cafe. , , . , . IV. Jnd be it further enabled, by. the authority aforefaid-, that fo much of Me" law aforefaid as comes with n the pur- "view of this act, be and is hereby declared null at I. Chap.XXIX. An ail for purchafng a lot or lots in thetOeivnofW'Attifagov., for the purpofe of building a gaol for the Vif* trie! (^"Vftjimngton, and other purpofes. J. \J 7HEREAS the public goal frr the diUrict of Wilmington has been eonfumed by fire, and it being neceffary that VV a new gaol be erected for the county offttrb Hanover and the faid difttict, and it bein gaol be erected fo- the county of fteHf HanoVer and the faid difttict, and it being fouud on cxamina O . ,,- . rt'l I. £.. \~~\ «l.lntl^...1 >r ..^^^.trM... .til* -1 l|-»r /\ t\ hereon lots be purchafed in the la t -, on that tbe lot w "hereon the gaol formerly ftood was private property, and it being abloluttly neceffary that a lot oi* \4 town of V/ilmhglon, h.- ps hereSftei mmtitfttd, fer the purpoles aforefaid ; II Be ft therefore enafied, by the General Afferribly of the Slat? t>f tvorth-Carolmi, audit is hereby enacted, by th* m uthorityof'tbefame t that 7 homas Brown, C, i Jmies. Hen,y Young, Thomas Bhodworlh, be and they are hereby appointed trufiees for purchaling ?. lot or lot, in- be faid town, and lor deiignmg, contracting, or uilmn^andniMfhjncaru^cientgaol as to them or a majority : f rhem, or their lurvivors, fhall feem molt pro- er and convenient, whftn ^'ao! when fo erected lhali be and remain the gaol of the feveral counties in the diftnct c* F . Wilmingtdiu tfli.IV. V. 6 VI, Obfolete. ^ J V\\.. And be it further enaeltd, by th^e authority aforefaid, thai after Iuch gaol mattbe eretted, when any perfous> ftallbe apprehended itor any offence within the diftrict aforefaid, it lhall and may be lawful tor the Juftice or Jnftices; before wh©m;fucb oftender (hall be examined, if ne or they think it neceffary, to commit iuch offender to the afore- laid gaol; and the Iheriffot the county for the time being, where fuch offender fliall be apprehended, i* hereby au- UiorMedand req'tind to convey fuch oftender to the faid gaol, and deliver him or her to the flienffor keeper thereof, , apd take a receipt of fucli fher iff or gaoler, which thai! be.hisdifcharge.for fuch priloner. Villi Anibc it further enabled, by the authority aforefaid, that after the laid gaol lhall.be, built as aforefaid, the. fljeriffof the county or Hevs-Hanover lor the time being, is hereby direcled.and required to employ fome perfou of in* tegrity to.be.keeper of the (aid gaol, who during the time any perfon committed lor a capital offence lhall he in laid' gaol, (hall 'conttantly refide in. or. near the faidgaoI,,and .take, all lawful waysand.mrans from preventing the cfcapc of iuch offender.. Chap. XXXIII; AnjcVfortherelkfofThomM Clark, and other perfom therein named, and to vejl in them an inde- feujibk title to certain landi, .hereditaments, goods,. chattels i rights and credit j, formerly the effete of James Murray, , andtotnabk them to take pofjitffion thereof. I, IT 7HERF. AS by.anacl intituled, An ail f*r appointing commiffionen to examine tie claims of Thomas Clark and VV others, again/i the rfitld of 'jzmts Murray, and other purptfet therein mentioned* , which aft was palled at Hittfbbrougk, at :Ne. Afllmbly lad held there, it was amongft other things enacled, that Samuel Afhe, Alfred Moory, Thomas -Grmke, John Lillington, C^let Grainger, John Moor, and James Gillifpie, or a majority of them mould be, and they were appoiiued hereby . comtnilfioners to hear all fuch things as the laid Thomas Clark and* others had f« forth in ,a certain memorial, or, might (let torth, or might urge for and in (upport of certain cUimsby them made, a-- Sainlt the laid Ja.nes Murrav, and to receive, all fuch prool as might be offered by the laid .TUmas Chrk and .others iiememoruhlU, or-osaecson the ir.be naif; which proof would. be admiffible.in a.coua of equity under the circurn- ftaoces ol.the memorial tliersby referred to ;and it. was further enacted that the. faid commiliioners ihauld I - Chap. XXXIV. An acl to vefl the title of certain knelt in Joleph Herring. I. X"\ 7HEREAS it hath been made appear to the fatisfscYion of the General Affembly, th.njo/eph Herring, of /)u. V V plin county, did purchafe of a certain Felix Kenan, age'rltlor Henry Euftdcc M'C'uUicb, a tr,ict of ' w.d in th county afbrefaid, on the loath fide cf rurkey iwamp, containing three hundred and forty acres fixmdbou: d d a; fol. ' lows. viz. Beginning at a fmall maple in a little branch' that ttii'is into Gaylirs branch, and^runs thence north thirty cjft eighty eight pole 10 a pine, the corner of a furvey that lies on the fouth'fide of Turhy i'warnp, thence louth Itxty leven eaft ninety pole to a pine, thence ictith forty fix eaft crolling Gaylor't branch one hundred and fifty pole to a ftake, thenre louth ten well one hundred and ten pole to a black oaK, thence loutn fixty three welt j'ixcy fuar pole to a pine, thence louth feventy nine well one hundred and forty lour pole to a pine in Zebulor. llo!lings\\iorio''( > \\r\^ t thence north fifty weft one hundred and eight pole to a maple his upper corner in Cayhrs'% branch thence tip the run of the laid branch to the mouth of the linall branch, and thence up the run of it to the beginning ; and the laid joH-i!) Herring having paid part of the pnrchalc more;, arid frken bond bf the faid 'Felix Kenan, then agent to the- fati Henry En/face fl'fi/Uoeh, to make liim the laid J of, pb a Uuf.deiu title in fee fiuiplc .to the laid lands ; and wheieas the faid M'CaUorh's lands in fhis Hate arc now b-eosie conhfeated to the ul'e ol this ftate, and the laid Jo- lifh Herring has never been able to obtain a fufficieirt title to the fxld binds ; II. Be it therefore enaB-J, f.y the Genet al AJJemhly of the State of JVorth-Carolinn, and it is hereby enulled, by the a-tthv i'v of th,' j'.vne, that the fiieriff of the laid county ot DUpliri is hereby impbwered to receive whatever part of the pure-bale moivy is )er unpaid from the faid Jrfeph Hirring, his heirs or am^ns, provided the fame be tendered in t'Vo>e;.rs from the ratification of this act ; and the laid Ihcrjff'js lierfb', impowered ai 4 authorifed to make and exe- cute umo the faid j'ifeph, his heirs or allign?, a good and fa -indent deed of conveyance for the faid buds, all vwhi.c/J proceeding-, at the proper colt and charge of the laid J j:ph Herring, when had and done lhall be deemed fuffident in i'.-.v.' to \v'X in bini all the right and title 4 hkh this Hats Rath", or may 'have acquired in. and to the fame by eonhlcatu oii, forfeiture or otherwife, 3riy law to the contrary notwithstanding. the iz\d,Tf)Mijs Hill, anxious ;o promote the mier.it ,,pd advancement of his fud ward, and conceiving it to be tor her benefit and 'advantage to s;ive io the fa :d hfefl Co.he »nd tVinnifrcd 'his wife; a compenfation out of the perfonal eftate of ihe laid FAi-nilth H"iry Bill, I : a: is fart: on of the right of dower of the laid IVhmifred, propoled to ...,„..,_ . ....... ... , .- i 7i .. !•.•-. Z1-I....I. ,, n'.ll ., „ . ^ ri.;'n, title and intereft cf the laid EUzrhelh Henry Hill, in and to the faid Hayes, and every cf them, wirri the in- creal'e and iflue oj the fern-ile flaves, to have and lb hold the 'lame and every of them, to the laid 'jfo'iph Cocke 'anil her late hidbaod. I I. P>ov:d(J uki.iys, and 'it is kerehy further enacled, that each conveyance and delivery fhall not be made, or ba binding upouthe faid Etizj'eib Htnty Hill, the minor, until the faid Jo/eph Cocke, and H'ir.nifred his wife, do mak; r i i j-i- _ . -L - i ■ J r-l: / _../. n nil I l_-r_ I 1..I] .1.,' 1 -_-.". u __: ^l_ ^ - x J _ . Chap. XXX VI. A : art to v eft the fee jimple of certain lands therein mentioned in Thomas Eaton, his heirs and of. liens. I. VT7HEHEAS D.rStd Minge, of the State of Virginia, by his lafl will and teftament, did give and bequeath to V V hit daughter fltpry two tracts of land and plantations, containing twelve hundred and eighty a'cres, lying in W*rrcn courtv in this fta.e, \v5ih remainder in cafe' of failure of heirs of her body lawfully begotten, to his ion David Mi?ge, and the heirs of his body lawfully begotten, forever ; and whereas the faid Diary after her fathers death did intermarry with Michael Wall, and afterwards, to wit, on the nineteenth day of March in the year one thoufanci (e- ven hundred and feve-'tv eigUf, did with the laid Michael Wall 'and David Minge, the heirin remainder, for the con- fidertition of the fum- of iioe llnllinjs, fell and convey by de^a of bargain atxl lale to Thomas Eaton of the. county of U'.trrev, in thi* ltate. and his heirs and alfigns for ever, the laid tv. o traces of land and plantation, one of which tracts is bound' d as fbfh*w« : beginning at a black gum on (tone houle creek.. William Comries corner tree, thence running with his line fundi fifteen degrees ea'd tht'ee hundred and twenty pole to 3 white cak in the fork of petty creek, thence weft ore Imni.-ed and rit t y pole to a db£*6*Sftl rree on the (Wlfi of ftoi-re hnni'e creek, thence the wind- ings of Hie fa ; dcr.-?k -o the firft fbatibn ; arid fKe other iratfs: bounded as follow* .-"beoinnino- a; a white cak on the welt fide of front houle creek, thence rUtrnJrly fonth ibieehundred and iixiy poles to a red'oak, thence eaft tv\o hun- dred and eighty five poles toa red o-jk, thence north tlir#e hundred and lixiy poles. feVa red dale in the faid Mino;'$ !in:, thence by hi* line welt to the beginning ; and whereas- perpetuities in ail wtll governed ftatts are injurious "and particularly contrary tothe fpirit of t ur conltitution, and as there appears to be no fraud «r covin in the" fortgoinir trnnfact. on, but that the whole was co.id.ifled with the content and approbatiouof the heit in remainder II. Beit therefore enacted, by the Gcner J Affimbly of the State of North- Carolina, and it is he-ehy cnailej, hy the Eaton ; any thing either in law or equity m .lie contrary, notwithfhndii g ; but raving and referring 10 all others but thofe claiuiing by, from or under David fifing*: their richt and title to the premife.s afor«fa ; d. ~ *> i — — 1 1 ' ■ ■ ! ■ '■ ■ - Cha?. XXXVII. Jr.aSftovcftthetiikofa^ceorji.7i-c i l>flun-nyinginCr.mdcirico:or!j; in Ifanc Guilford, ar.d hi; heirs, in fee jimple. I >r, then running north ninety pole to ; poplar, then north fi't fr. f dejjre ss wVli flurry p'ofe 16 it,? d-.r /.•'; c 's line, then alonjg laid Sander liAe's !me touth fifty five degrees welt twenty Wt po e ta a hu ■'■•■, then foutb I I f kuiui; cd and ihinv t*o pole to an old marked line called Cornelius Jones's, then nlonp thu line about rtfi h Wveur* c'"pes sad ' IL Bc'itthSrefjreenaficd, h the C.r.ril Afjemtfv of the Hf^te 'f KcxxV-C; r< '-a cnt'.'U ,-,/: e^.^.d, by the . ■■]'.! -fine, i hat ,'V'r.' D:<\, b e, Th.m,.s ftichots, utrd NaHraW Skthiike*, <.•.•:■ i.< ?6per^ i t!ie laid county of'C :»den, or any two of theiri be, and are hereby ami on!: t! t: n, .ke . nd on. cbte m no ihe laid Jf.i -v C 'tiff or,} a good and lofri.ient deed of conveyance to him, his heirs' and alfii>i1: 5 1 00. r all «lii,'i rlrtoceVdings to - ; i.-rroit oftne fai'd ffjec Qniijtrd-, nn.l v.hen »hc f-io deed liiou.J bt luiL .xcuud. tht Hin'e li.all \ai 116 in the Aid Ifaac Cufiford, his hpir^ an?l affigns, all tke right, title and interest, which this ftatc hath to . the faid land. in virtue- of 3Jiy eoiihfcation law heretofore made, pjjjt law or ufage to .the contrary r.otwithftanding.. \j\7^^ j ^§i t .. n,; »s a PP«red to this Aflembly, that Richard;' henderfon, Tboma+Hari, "John Williams, Willi at*, VY John/Ion, James Hogg, David Hart m& Leonard; Hfnly Bullock, Nathaniel Hart, ■M\&JohnLaiteril, John Car- ter and Robert Lucas, have been at great expence, trouble and rilquc, in making a purciiale of lands from the Cbtrokcc Indians ; and jyhereas it i> but jult that thej fhpuld have a compenlation adequate to their e Chap. XXXVIII. An cS to vefl.cet tain, landjs infeeftfnple in Richard Henderfon and others. Richard; henderfon, Thomas- Hark, John Willia ,. Hfnly Bullock, Nathaniel Hart, and John Latteiil, John Car. e of lands from, the Cbtroiee. expence, rilquc and trou.. ble aforefaid ; ' ' II, Be it therefore enacled, by the Central, Affembly of the Stpte of North-Carolina, that two hundred thoufand acres,,, be, ano* are hereby granted to the faid Richard, Henderfon,. Thomas, Hart,, John Williams^, William John/ion,, James r-j M°£St David Hart, and Leonard Henly Buitpck, the. heirs and,a!ljgns, or devilees of .Nathaniel Hart, de.ceafird, and the heir> and alfigns or devifees of John Luttrel, deceafed, ta Landon Carter, heir of Jobn.Carter, dpcealed,. his- heirs and. ailigas for ever, and to the heirs and devifees of Robert Lucas ; the faid two hundred thjoufand acres to be laid out ii»- •ne furvey, and •vithin the following boundaries, to wit: beginning at the old Indian tow.nv.in Powell's vallev, and>. ; runninp down Powell's river not lels than four miles in width on one or hoth fides thereof to the junction of Powell's and .Clinch river, then dqwn Clinch^ er on one or both fides, npi lei's than twelve., mjles in width,, for. the afprelaidt. complement of two hundred thoufand, acres. , HI. Provided, that the aforefaid rragt is laid out and, furveyed by thsgranteaa before mentioned, on or before th« ; ]au\day of next November, oiherwife any perfon eptering apd furveying any part or, parcel thereof, agreeab'e to the: laws of the date, may and Hull obtain a ti.de to the lame, any thing herein contained noiwithftanding -, and the laid, two hundred thouland acres to be divided, among the faid grantees in, the following. maimer, to wit ..• ten thoufand a« cies.at the lower end thereof ,to Lan&on Carter^ bis heirs apd afligns forever, and, to the heirs or devilees of Robert Lticps; and. .the remainder thereof in the following manner, to,wit s ope.eighth part., thereof to Richard Henderfon^ his .heirs and aifigns.qr devifees ; on.e eigbth i pat* thereof to, Thomas Hart, his heirs aud.aflignsor devilees; one eighth,. p*rf thereof to John Williams., his heirs and alfigns or a*e,yifees.; one eighth,., part tbeieot ,to, William Jobnflon, ris,. hejrs and alfigns or devilees ; one eighth part thereof tp James Hogg, his heirs antt.afligns.or devifees ; one fixteenth paj;t thereof to David Hart, his heus and afligns* or devilee* ;. and one .fixteenth. part, thereof to Leonard Henly BuU lork, hishtirs and affigns or devifees.; one eighth par-t_tbereof to the heirs and. affignsor devifees of N athaniel Hart f deceafed ; and one eurlwh,patt thereof to rlje. hejr* and alfigns or t devifees of John Luttrel, deceafed ; to. hold. .to,.. them, their heirs,, alfigns, or devifees respecijwely, for ever, according to the aforefaid proportion in feyerahyas te->_ iiantj in commci;s, and net as, joint tenants ; and th>s grant (ball and U hereby declared to be in full cqmpenlation to» the laid pcrlons tor their charges, trouble and rilque, and for alj advantages accruing therefrom to. this ita.te. - V I . ., , X 1 . 1 .M... I J I. . I | . I 1 JJ . 1IJ IU .L.J, ' .,, I. I U ■ I ■' U - J LL "■ - ' CiuiJ. XXXIX. AnaQlo encourage John and James. Bonner, junU*, »/Beanfort co«»/y> to clear and make - a road through the great Jwanf> ana\ mat A t on tfic j out h fide 0/ Panipjico 'iver, oppofite the town of Wrfhingion. I. XXTHLREAStheettabliflimeutof a terry acrof? Panxplico r vex at, the town ol Wfifhington, _ and,, the. charing a. » » road and making a caule.way through the fwamp and.mirlh pppofite to the laid town,, iptp the old road the. neaceft and befr-way , will tend greatly to the encouragement pf the.comjnercc and improvement of Use. faid town 1- and as John Bonner and Jamet Bonner, ire principal owners of the, lands through which the road mull pafs, and where the ferry fhoukl be euabhfhed, and they having (tgnified to this Attemfejy their confent and d efire to clear, and make the faiJ road, and caufew.** »t tjiejr.own exp^nce, % prQvided the property «f thejerrw mig^ht be ieeiired to, and vefttd. i in them • . II. Be it therefore cnaBfd by the General ./ffembly of the State of North. Carolina, .and it it- hereby, enaclfdby the *«, Ihority of the fame, that the faid John Bonner and James. Bonner are hereby veiled, with full and abfolute power to lay off, or caufe to be. laid off, opened and cleared,, a good and fufficien' roadiroai thefhorepppofitf to the laid town ot rV*f})tngton, the neareft and beft ■„ way into. the road at_pref*nt,uled, a^leaft fixteen. feet, wide, logged , and. covered, with upland earth where the liime may be neceflary, and caule the faid. road to be>c«mpleaifd in. eyery refped in,» good and fufficient manner, fo as to be .paflable.for ^avellers, waggons, and all other carriage?, . on, or before-, the hrltday of Novembtr next, and aifo procure and provide, good andlu%ientbp»ts and other .crafji fqr thc.tranfport.a- xion of travellers, thejr hprfes, carriages aqd, effect ». aerial^ the faid PampJico river, to.and ftpm the faid town, that r then the property of the laid ferry on both fide,Mhe river, tp and from the faid.tpwn Iliajl be, and it is hereby *eiied in the faid John Bonner ani J*mes Bonntr their heijr* and aligns, for and during the.ierni p{ niacty nine ycart, to- gether.with all and fipgular th» profits and emolument^ arifing therefrom. HI, Provided, that it (hall for ever hereafter be in the^ppwef of ,tbe cpur» of the county of Pitt to.afcerWP.and h* ^he rates from time to time, as they fhall judge neceflary to be paid, by..tr?Tellers and others for crofllng or paffing the faul ferry ; and in cafe the faid John Bonner and James Bonner will fajj or .oegleft to compleat and finifh the laid road£, to the fatisfaaion of the faid court of, Put county, by reafons to be approved of by the taid court, whea a majority of all :he Jtiltuccf pf the faid county are upon rt^beacb, that then it mall and uVay be Uwf|J t fof;f^9.Jaid court to caule. fail rca- grant the property of the laid ferry to fitch p rfori or perfons who flull ;w le to their order complete the i.i I «oi k, in as fall :iaJ ample mauner as the fa 113 U by this ait veiled in the laid 'jj'?r. aiid "Jamas Bm, ers, their 1 sirs ahrl alfignr. 1 V. dad be U further emcled, by t •e auti irlty ciforefai ., that wEea the fiicl road (h ill be finifhed and the ferry e!la- blhlu-d, the pro;:* .e:or pr proprietors thereof IhiK en:er frtc bonds with good and fufBcient fecurity,' in the county court of Pitt, to ! .: ep got.-.! and fuffi :inu boats, in good repair, sod proper attendance m the (aid ferry, a:iJ alio flu!] keep i h? !.: t! re. .d il'uri yg the I.i i u r;n in good ar.d lufftcierit repair, and be fubieci (or non-pei tOrmatJce bfhfs or they; duty, (pail the, painsatHJ psnalfios waich the laws of-this fhte do now, or way hereafter inflict iipori ferry kefcp- ers a nd ovetlcers or co/mi)iffiouers of road.; for neglect of duty. GtlAP. XL. /tn oil io amevd rn fd, hilitted, " an ret to veil the property of a bridge or content ay in Gttkon Lam'r, and ins heirs, by Ivm already built through the great Dilmai-iJwan.p, iion\l.cbe.>:/:oi: to QarnhdcKt lor the term ol twen- ty five years." p. S3. i, -i X "-'Mbl-iiD Li the i':id Gideon Lstmb and his heirs, are hy the laid recited act impowored to krep a fufBcieut gate VV on t lie laid bridge or cailfewayi for tiie purp.ofe of taking toll ; and whereas by the laid recited act the laid Gidttitt Lamb, bis heirs or,aifigns, are under no obligations to keep t: .c laid bridge or cauleway in go.>d and ufficaeiu repair, and is: for travellers to pals with iarery ; and whereas i" appears from t!:e petition of a gr jat number, of the. inhabitants in the environs thereof, that the laid bndgeaud cauleway now is, and alwavs hat ii beefn lVr.ce the paffing pi lie ft d aft, in a ruinous and dangerous condition, and is liable to become intirely ul'elcls to tne public ; lor reme- dy whereof, 11. Le it euacled, by the General Xflembly of tlftSiaie of North Caroliha, and' by tiie etttkor il'y of the fame, tbat the Tufiices of t.ie i.oarL of Camden conn y are lien b v ' auttioril'ed und mipaweredj at trie tirtt court neld for the faid Lonn- ty alter the palling of this aiT, to nominate and appoint three refptctible Iteeh'olders to view and infpect the faid i'-ridge a;:d caa'ea'ay, which freeholders or_any two of them are hereby required to malts a return to tne rext court; the li:o cr;nry on oath, ol the date and condition ii me fvd bridge am cauleway, at tie time of their ,iew- i.;. ; the Ja ne, and if i: (hall appear to til! 'atisfsctioh of t le 1-. d court that the uid bridge and eatjl'eway, or anv part thereof, is out of repair, and u. in for travellers and car; iage^ to pals anti repaf-, with lately, the iaid cotirt is Iri .y auU:ori!ed and impo.ved to ordrr the heir", executors, or affigns ol the faid Giuton Lamb, to pull ciowti the faid ware, or any oib'e." impedirnen't which may be creeled thexebn, which order ih.i 1 ue certified by the clerk of the laia court, and feryed hv the lueriif ..f i lie laid county. I if. Anil beit enacted, by the authority aforefaid, that it fhall not again be lawful foi anv perfon or perions to fee up any gate or other impediment on the laid bridge or caufeway, until it fliail be node app ar to the, laid court by two oriuore fcteholders on oith, that the laid bridge and cr.ulev. ay appears to be in good arid fufficienl repair, and lit (< r tra. a i er- and cai riages to pais with mt difficulty. IV. .4iifl.be i( further enoEied,. by 'the uut'hqrity Afare/aid, that if the heirs, executors or affigns, of the faid C'u'eou Uunb fh/JI neglect putting the faid hrjdge and cauleway in good and lurticient repair, to tie latisfaftion ot tne faid court, v.i'.Li.: tw o years after tne pafling of this aft, then the before recited aft to be r.uil and void to all, intents a.ul purpofes whailoever, any lav,- or ulage io the contrary notw.ithfta.ridih'g. C'MAP. XLI. An ecl to xcjt the this if certain Itindt, and other property therein mentioned, in Thomas Coacn, James Cotton, and thiir /i/,er._ I. \\7HEREA? by an aft of AfTembly. pafied at \\v. l)e fold for the ufe of tne (late ; and whereas it appears to the General Aflembly that 7h r.as Cation and Jams :■ Cotton (who were minors at the time the a- Forclaid James Cottou incurred the pains and penalties of high trefoil) have on all cceafions fisiCi they came of age to aft lor thein'el.c s, behaved 'S good and faithful citizen;, and on all occasions exerted thendelve^ in defence of this flate, and. the liberties thereof ; and whereasjuftice and humanity forbid the involving the innocent and deleaving v. i h .he gui'ty ; v II. Be it therefore emtfled, by the authority cf the General /tTembly if the 'tale of Ncrtb Can Ira, i ha t the afore. rnermoifed afts commonly called confilcat on afts, be and aie hereby declared repealed and void, lo far as it relates to. tne eltite real andperional of the faid Jumes Cotton, not heretofore fold apreeabie to law ; and all the etlate teal and psriona! of the laid James Clthn is hereby declared to be veiled in his torn Thomas Citton, Jatues 0,t:,n, a: d their fil • «r, to them, their heirs ar.d alfigrts for ever, tobc equally divided between t»em : aiay la\y to the contrary notw-jtn, Handing. n8 Chap. XLIT. An aft for vefthxgth: title tfcerlilnlaids herein mentioned, 7;jPvajph Miller, his leirs and aff-^nt, I. if7"HEli£AS it hath been made appear to the fatisfadion of the General Affembly, by fundry affidavits, &c. W exhibited by Ralph Miller, that the regifter's office of Bladen county hath been burnt wherein the faid ,-V///_ lers deeds were regiitered, and that the houfe ot the faid Ralph Miller hath been alio burnt by accdent, and his laid deeds for certain lands, to wit .• four hundred and twenty acres fuuate in Bladen county, on the lout W fide of the north weft; river, joining the .lauds of John Clayton, beginning at a black -oak on the river, running thence by a line of marked trees fouth forty-five degrees weft four hundred and fifty poles to a poll oak, thence foutb forty five de- grees eaft one hundred and eighty pules to a fnali pine, thence north forty five degrees eaft to the river, thence up laid river to the firft ftation ; from which accident ot fire the faid Ralph Millet huh no legal ail'urance for the before re:ited lands ; for remedy whereof, II. Beit enacled, by the General AJfembly of the State (//"North Carolina, and it is hereby enabled by the authority of the fame, that the- faid Ralph Miller be, and he is hereby inv»fted with abfolute r ght in fee limple, of and to the be- fore recited tract or parcel of land, containing tour hundred and twenty acres aforefaid, in as full and ample manner as he would have been if the Jaid deeds and records had never been burnt or deltroyed. , _ Chap. XL T If. An atl for eflablifhing t-tpi public fchools'in the county of Onllow, an I fir tther purpofes. I. "SY7JEFIEAS the eftablifhing ot public fchoolsat convenient places for the education of youth will be attended W with great advantages to the inhabitants of this ftate ; II. Be it therefore enacled, by the General Affemblyofthe-'tateof North-Carolina, and it is hereby enacted, by the authority of the fame, that George Mitchell, Reuben Grant, William NeLnt, Jo/eph Liltiln idgc, and John i'ltfteur, jLiqiureSf be and they are hereby conlbtuted and appointed tru^ces, with full power and authority to receive into their hands and poQedion all monies which have been heretofore or may hereafter be fubferibed for the purpofe of erecting a pub- lic fchool in the village commonly called New. Town, at the vp.o\il)xQf IVh'ite Oak river, in Onflow county, a: d to afk ix and demand of the fever*! fubicribers all funs by them respectively iuulcribed; and in cafe of refulal by any of them to pay the fame, to fue for and recover by action of debt in the name ot the truitees, the film which the perion {o refuftner lhall have fublcribed, in any jurifdittion having cojraizanre thereof, and the monies when collected and re- ceived to be applied by the faid truftee.;, or a majority of them, towards pufchafing a lot of ground in the afar el aid vil. lage, and for erecting thereon a fui table aid convenient houfe to contract with and emplov tutors, a^d to perform every ad and thing which they or a majority of them, (hall think uecdlary for the advancement and promotion of the faid fchool. III. And be it farther ena<*fed, by tit* authority aforefaid, that the faid village called New-Town fhall be, it is here- by cre„edintoa town by the name ol Swanfl'orough, anJ that the trultees lor tftetcbaol aforefaid lhall be, and they are hereby appointed commiliioners ot the laid toan ; and in cafe of the death, removal, refufing or neglecting te qualify as fuch, it fha!l.and m ly be Lawful, for ths remaining part, or m ijoi'ity of them, to nemioate und appoint others in their itead, and the laid commiliioners each ol them flull befori* entering upon their faid office, take the following oath : I A. B. do fwear that I will execute the office 'fa comm'.fjioner for the town of Swan/borough faithfully, impartially, and truly, without favour, affeclion cr prejudice, and -that J will to t e u'm'Jl of my power in all tilings acl for the voidof tbe jaid town, and the well governing tfit, to the bfi of my fill and judgment. IV. A* I be it further enacled, by the authority afcrcf.i', thai the cominiilioners or a majority of them fliall appoint an overfctr every firft Monday in Jam ary annually for the laid town, which overfeer fhall fummons all male taxable inhabitants thereof to clear, repair and keep in order the itreets, lines and pafiages, belonging to the laid town, and any perion refilling or neglecting to work on fuch lim.mons, or futniifh a good and fufficient hand or hands in Iiis or their place, with proper tools to work with, fhaM forfeit and pay five (hillings fpecie per day for every day he or they {hall lo retufe or neglect, to be recovered in the fame manner -js the fines and forfeitures arc t/? be recovered by over- feers ot the roads, and the monies lo recovered (hill be applied towards hiring labourers to clear and repair the ftrtets s lanes and p.fflages, or anv other public work to be done in the faid town, and every overfeer appointed as aforefaid refu'.ingor neglecting to lerve as overfeer of the laid town, Ibali torfeit and pay for every fuch retufal forty fhillings fpecie, to be recovered and applied as above. V. And be it further exiled, by the authority aforefaid, that every perfon exempt by law from working on public roads, fhall not be tlit'inTelvcs compelled to work on the fireets, lanes, or pai'.ages in the faid to>vn. V.. And for the better regulating the l.iimg <* to-.une-t the land '/ '»■ *igtTy /-•/ -g',jn /sYVi 'i.m Bgfl , ,?' tbt pta tevrfare t' ■ :;ik '■/'" O'-'' Can) '■■■ i, <•< A«Con codify, I. ?T 7IiEllli i i it h-4'.H been reprefented to t '.is Ad": ;,b v, t; ; ,r in s lie ye it one tl jL...m.:.f.v- n hurt ired anUetgh* VV ty tsv'O^ i'i r 1 1 1 y a.rec- o! land w ... purehafed froin '/';/< "'.< n /',/', i y CapUJYi r - '■• ~''Ck Boggp < ~\ r a town, and iVe public Ijuildiags oF livid c jud'.jr, ah i the f id / « ;- ; -: t B'ogga - h .th tn'ere ; into ba d 10 convey tiie fid. lands as he ilial! be direct d by t.KeU , gifl.Vtii; - e ; w! ieh ; a i J leyc.nty acres of J„:ii hath been laid - m into ha i acie lot , vr.tii Itreets, &c. arirt .an accurate plan tne.cof nude reptfetjnting the, ilrceis, and tlic number of each hi, a d feveutv Jots have been fijbfcribed for and drawn 1 y the purfchafeis, who .r, d'e.U£6u$ to ia>p;o/e tne plan, provide. 1 it be e- itabliflied in oa town 'ey au.hority of law ■ il. Be if therefore eracjed, by i, .- i e u i <7 .-/'fen'dy of tee State-. q^Njr.d) Carolina, and it is f):r:h'y 'enafled. bv the authority lj the j time, ihat the i-dd icrenty net a of land be, and Jit hune is hereby con. tit ate I er, ••"\;d and eft hi (li- ed a town, with ftreets^&c. r.s the fame are ieprei;n:ed oy the fiid p. an, an. I dull b; ea led by t ie name, of .Xeej- To-n. HI. 'And be it further enacted, bv the authority ef^refrd, that ihe lots number Sixteen .:nd fort .' fix fh ill be deemed* f n ed lots, lor the ofe of the psorb-rr county baildings, and he f u-l Putt i ch BvFg tn s trereby d ir ect i to m ike ovc-r ihs faid lots by conveyances to the refieitive pureha er ; i, with condition to he va d o.i faihn^ to i;uhd a houfe of not lets dimensions than twenty ieet by li>ue.:n, vvith a done or brick chim ie , wj hi i t-.o y.aatj f.om. th&. date cf thej detd, and in e.ery ca e where iuc.h failure ihall happen, the lot iLuil be fold again. tV. A i.l be it t"i in r eiu.fi ■!, hy the i'.'-hori/y tt/.re/iiid, that all ihe monies a ili'ijr fio.n the fde of the r ai.l feven. *,y lots, and the fahs if torfci^ed lots, ii.ail be paid into the hands of (he cum .i lli mers h.'re.otore appointed by law; for building the court ho. f, ptifpn and flocks, for the faid coumy of Anjm, ac>orcan^ to. the agreement of faid, Patrick Bj)ggatt t and the federal pnrcha.trs cf lott. CilAP. XLVI1I. An afy-for cutting a. cpzalfrqnl Ckilifoot3rr t \4 ti Harlow's creek, typpena .communijts'.hn, btt'ejeee. Neufe river, and the navigation o/Old Toefii '/»//er. . T X 7HEHEAS the open'ng a coctim'inicatioa by cutting a n-avi^ble cauai from C!ubfo:ts cr;ek to Hnrh'.'j's creek \\ \vi 1 tend to promote and encou/age the naviga'ion and commerce of the (tare, by opening a more eafy and fafe ionveya.ee for the proJuce of great part of this fta,:e } to the aavigabk and fa.fe harbour of _ Bea:i. jcrt; JI. Be it therefore enacj.edu by the. General dflemoly, oft. e State, of Aorth-Cr.'-oh a, a i- ! it is hi r >Ay era led, bv the a t- thotitytfthejame, that John Bern >■•-, John J nes. ( /r'f/'ih r f\ cale, Jd.u Fa/: ,«_ hmek Ward, Dedrick Gibtj'; and • "■■ed commifnonferr '" and dtlig i he ia feci -the naigatic pub'icfpi.ited g to.a commercial country, have oik :r.d to cent: ibute to the fame ; tuic7e J, b; the a-rhority cjorjti d, that it may and lis ijl be lawlul for the f id commifiionero, r,;ii tlvy are hereby auth mfed and i npojveieh tocuc the faid caml through any perfons fmJ where it flird be ne,- c»efT,ry to co uinue and carry the fame, any law. ufage or cultom to the contrary notw.thftandiog. 1 m'ided r>e~ 3 r{h*L h ', thj}t l!1 damages occalioned by tut ing the faid canal through the lands of any perfon fhall be valued by * the coun.:y cou r t, or bv three freeh 1 lers on eatli. to be ciiofen by the court, which value (lull be pad unto the pro- prietors ot fuch land ny the commifTuner. mentioned in this a£t,. V. a:iu , e it iurher -.tui^ d. b: the ;t -/'.' ;'..'; a; ,r, fn'.d , that the faid canal when cut, r.nd the lan_'s -ip ropriated for this purpofe, ihall be and remain for erer thereafter for the u.'e of the public, and (lull be. i'tee from «dl to'.l£ v.'lutfoevcr. Chap. L. ,■',: a 1 fee altering the n.nne. of Jonathan BionnoJus, to ih.it aathan Bryant. 1. ^TttHfiRKA'S Jonathan Jbronnncks ci Lvfiov) county in this il^te, the ion of Be'iiuty B o\nv. ks, now the wife of y.y j J.,i F,i\')i.', has trom the time ol his nativity hitherto been called and .known by the name of •. ganatfian Lrznnoek ; and where is for fpecial and urgent realons the laid Jonathan Bi -amuck afyrelaid, hath eaint'ftly petitirn d and prayed that the name of the laid Jonathan Lrannock may be altered to tbe \\i me of Jonathan Bryant, by an aift of Afletnbly for tis.it purpofe ; 1 : . lie it therrfori enahed, by the General AfTe-idily of the State of North Carolina, and il is hereby e--. [i . ' ly fie 'fill- il'^riy of the fame, tli it from and .^icer the r-iliiicauwi ol this acf, the name of the laid fonatbait Pronnoi k ik-ih L-e ..1 Ju lis or monies, credits or cnatteis whatever, wnicu irvni <;r may De given, grained, auignea, conveyed or made payable to him by the laid name or Jonathan Bryan:, an J by virtue of any lift will and teftamenr, deed, bill of fale, con/evance, band, obligation, t> 11 pronifory note, or other writing or affumption, of or from any perfon or perfoni » Liic fame rem iciitnib a. *u niiiLic.i iu iuc ja.iic pr'vue* : nativity hitherto been called and known by the laid name ot Jonathan- Bryant, and no other name- *Sg repeated in the nil. Chap. LJIL An aE^for fixing on a place in the c runty cfAnfon for building a court houfe, prifon and/locks, end ftr other bur potts therein mintidrieii I. f T7HE?tEAS it hath been reprefented 10 the General AfietiWy by the petition of a large- majority of the inhabi- V V ta.its of Anfon county, that they labour under grest hardihips, and are much diftreffed tor want of a conrt- houfe, prilon and Itocks, in laid county ; arid whereas the coinrniilioners appointed by an act of the lait feffion of At* femhly tor finding the center of (aid county ; and fixing on a p!;:ce for the public buildings thereof, agreed and conclu- ded on a place ton the lame, which is conceived to be much to the difadvantage and greatly inconvenient to the. inha- bitants in general of laid county ; : II. Be it there fon enabled, by the General Affembly if the Stifle of North-Carolina, and it is hereby enalfed by the authority cfthe^Jame, that the commiffioners appointed in the before recited act he, and they are hereby impowered and directed to contract and agree with workmen, and to build a tour t-lioute, prifon and llocks, for the county of Anfon on the land whereon William Beji. formerly lived, on a certain feventy acres laid off for that purpol'e, and the purpofe of erecting a town. III. And be it further en.icJed, by the authority afo r efaid, that r^e faid commiffioners are hereby directed and re- qjirtd to receive all fuch monies as may aiile from the tale of lots laid offat the place aforefaid, and to apply aud pay the fame towards compleating the laid public buildings. IV. A^dbe it further entitled, by the authority aforefaid, that the lands conveyed by Thomas Lacey, Jefje Miller t and Job Benton, to the public for the ule ot the public buildings, at the place formerly agreed on by the commiffion- ers, for which no cor.fideration has been paid, bea'id are hereby c'edaied to be and remain the abfolute property in fee iimple, ct the laid perlons, each their refpective parts. Chap. LV. An at! for appointing commiffioners to fix on a place for building a court- houfe, prifon aid flocks in the coun- ty of Randolph, and/or other pur pojes. I. \ T 7HER.EA '■> the commiffioners heretofore by law appointed for fixing on a place to build a court houfe, prifon W and (locks, in the county of Randolph, havefaikdeo dilcharge the truft repoled in them ; II. Be it enabled by the General Affembly of the State o/i\oith Carolina, and it is hereby en'a&fdby the authority of the fame, that Aaron Hill, James Dugqn, Zebedee Wood, Robert MLaine, Samuel M'Laine, be and they are hereby ap- pointed commiunners tor tke parpofc* aforefaid, and that they or a majority of them be, and they are hereby im- powered and req nred to agree and contract for five acres cf land in the faid county, as near the center as they or a ma- jority of them (hall think belt, and alio to contract with workmen to build a court-houfe, prifon and Itocks, on the fame. HI. 6 IV. Obfolete. V. And be it further enabled, by the authority aforefaid, that froai and after the palling of this act the county courts, general mutters, and elections, inall be held at the former dwelling houe of William Bell, urail the public buddings of laid county (lull be compleated, any law to the contrary notwhliiUnding.- The lafi Seclion Obfolete. ■ GilAP. LVI. An *tl for eftabiifhing the court.houfe, prifon and flocks, at the place -whereon they are now erttled, on the plantation of Henry Monger, in Montgomery county. I« VX7HEHEAS it is reprefented to this General Affembly by the petition of a large mirrrber cf the inhabitants of * » Montgomery c mnty, that they labour under confiderablc inconveniences in not having the public buildings of faid county fully fixed and eltablilhed, by reafon of the party difputes lubliliing in laid county ; II. Beit therefore enabled, by the General Affembly of the State of North-Carolina, and it is hereby enabled, by tht authority of the fame, that from and after the palling of this acr, the court houfe, prifon and flocks, for the faid coun- ♦joi Montgomery \, be hereby declared to be fixed and eftabiiihed on fifty acres of land whereon tbey arc now builj. H % f II >** which was laid off arid contracted for by commiffiorters appointed for flint purpo'e.' HI. And be it further enafted, by the authority afore/aid, that the proprietor of the land and ferry oTer the Yatfkin, •ppoilte the mouth of Uaree in conSequence or his petition, and a number of others the inhabitants of faid county for that purpofe, and for the encouragement of faid buildings at Uic faid place, be hereby compelled to keep a public fer. ry, with good and fufficient attendance at the faid place, for all perfons in the county concerned, palling and repaf- fing on the days and at the times of all public meetings, elections, courts, &c. of the county aforefaid. IV. And be it further enafted, by the authority aforefaid, that all ads of Aflembly heretofore made that comes with- in the purview of this aft, be hereby repealed. VIII Year of Independence. The 19th of April, 1784. Firft Seffion. Chap. XXXVII. An aft for extending the navigation c/ Roanoke river. %• V^THEREAS extending the navigation of Roanoke river through the falls and upwards will be of great benefit t» * * the inhabitants of this flate and thofe of Virginia ; and whereas the commonwealth of Virginia have palled an ail appointing truiiees to extend the fame from the North-Carolinaliqe to the fork of Staimt;n and Dan rivers, ai;d up the rivers Staunten and Dan to the head thereof ; II. Be it thtrt-fore enafted by tl>e General Affcmbly of tht flate of North- C :rolina, and it 's hereby enafted by the authori- ty of the fame, that Allen Jones, Samuel Lockhart, William Huifon, Htnry Montford, 7hom. wai r; it before any jultice of the Peace by either of the trultees or ti e undertaker, and applied to ai.lv, er the intension cf this aft: Provided, that no perfon ihall be compelled to work mere than tvtelve days in any ere year. Vil. Andbe.it further enaSed. by the authority qj or ifffid, that no ledge or i!one, or other flop, that in ar.y wife ob- structs the navigatii n of the faid river, canal or c, r.Js, or a road for a earn .1 g place, ihall be placed cr let therein ; and any perion who fhall prefume to let up or, make any in the faid liver, canal or canals, or road foi a carrying place;, (hah i< rieit and pay one hundred pounds, icr evgr) fuilioher.ee, ti.e hall £0 the inform*)", the other to the truiiees, to be applied to the purpofe oi carrying this aft imeeffecj. ,5 S Chap. XXXVIII. An eB to facilitate the navigation o/NeuIe river. I. \%^HE?iEAS the rendering Neu/e river navigable for {mall crafts would bs productive of many gooJ confe. VV qucnces. II. Beitenacled, by the General Affembly of the State of Nor thf Carolina, and it is hereby enatled, by the authority *f the fame, that from and after the palling of this act, it ihall and may oe lawful for the Jutcices of the courts of Cra- ven, Dobbs, Johr.jtDj, and Wayne counties, and they are hereby required at the firft court which (hall be held for their relpeclive count i:s si ter the firft day of July yearly, to apportion and lay off in convenient diftricls all the inha- bitants of their counties rcfpeclively, refider.t within eight miles of the river Neu/e, and above Batehekr's creek on the fouth fide of Nettfe river, and above the mouth of Sv. -ift's- crce k on the north lide thereof, and appoint for each di- trifct ibme perfon properly qualified as overleer, who fhall caufe all perfons within the diftrict fo allotted him who are liable to wefk on public roads to work at leaft fix days in each and every year on the faid river Neufe, unlefs the coon- ty court ihall otherwile direct, when he fhall caufe that they be employed in cutting into proper lengths a'l log?, and moving bi»fn and other incumbrances which obflruct the navigation, and in killing all kinds of trees like to fall into and obftruct the navigation of faid river, under the penalty of fifty pounds for failure or neglect, to be recovered and applied as fines and forfeitures incurred by overleers of roads : and all and every perfen liable to work as aforelaid who Stall fail when fummoned or warned (agreeably to the cuftom in cafes of working on roads) to appear with fuca tools as the overleers Ihall directand work accordingly, fhall forfeit and pay the fura of tea millings for each day he fhall Fail or neglect, to be recovered and applied as fines for failing to appear and work on public roads. III. And be it further enacled, by the authority afortfaid, that all acts and parts of acts heretofore made which come within the purview and meaning of this act be, and they are hereby repealed and made void. Chap. XXXIX,, An eft for clearing and opening the navigation oj Trent river in Jones county. PHER.LAS the opening and clearing Trent rivei from the lower bounds of ;he county to the fork cf Tuckahm would render the fame more uletul and advantageous, and will be of great utility in tranfporting tar, pitch, turpentine, and every other kind o; pioduce to market, and greatly enhance the value of the lands in the faid c Junty ; II. Be it therefore enacled by-the General Affembly of the State rf North-Carolina, and it is hereby enacledby the auth*. ■rth'ority of the Jame, that Lewis .Bryan, WtHiemEeneel, William Earrifon, Lemuel Hutch, fen. and Edward Sl'hitty be, and tliey are hereby appointed commifiioners, and that they or a majority of them are hereby impoivered to lay off the faid river into convenient diftrisfts; and that all the inhabitants cl luid county liable to work on public roads, except Inch of the inhabitants as live to tne weft ward of a line from Abraham Kcrnegy's old field to Thomas Kent's, and ex- cept all perfons who live at the dillance of eight miles from the faid river, fhall by order of the commifiioners to the reverai overfeers of the roads work on fa ; d river in their refpecfive diftricts fo laid oiF and allotted to them by the commilTicners, and fhall continue to work from time to lime whenever the commifiioners /hall think it neceilary ; and in die of neglect or rtfufal of the overleers to act or to warn their I efpeetive companies to work on faid river when ordered by the commifiioners, fhall forfeit and pay for every luch ncgieftor refnfal the fum of fifty pounds current: money, to be recovered by the commillioners or either of the;:; by action of debt in any court of record having .cog- nisance thereof, and by them applied for clearing faid river ; and in cafe of flegleft or refufa! of any perfon liable to work or who fhall fail to fend their hands, having three days previous notice from the overleer, he or (he fo tailing fhall forfeit and pav for each and every hand the fum of ten (hillings current money for every day, to be lecovered by the overfeer in the lame manner as other fines are recovered from delinquents of public reads, and by nini paid into the hands of the commillioners or either of them, and by them applied s other fines by this act direct. ed. HI. And in order to keep the navigation cf faid river open, be itfutiher enccled, by the authority afore/aid, that i:i cafe any perfon Ihall fail any trees or make any hedges in or acrofs faid river, fhall forfeit and pay for every fuch of. fence, being thereof convicted before any Jultice ot the Peace of faid county, the fum of five pouads current money, and remove the oBftrucfiou at their own expence ; and if any r.egro fhve found guilty of any of the before mentioned offences and convicted thereof, fhall by order of a ihigle Jultice receive thirty nine laflies on his or her bare back for each and every offence, IV. And tor continuing the fucc'ffion of the commifiioners, be it further erased, by the authority afore/aid*, that in cafe of the death, refufa! to ad, or removal P"! of the county of any of the coinmiffioners, the comity court of Junes is hereby ii.ipowered from time to time t.i appoint others in his or their ftead, which faid commillioners being fo ap- pointed, fhall from thenceforth have the like power and authority in all things in the matters herein contained, as if he or they had been expreflly named and appointed hy this aft. Chap. XL.. An ail for appointing contmiffioners inthe diftricl of Morgan for the purpose of erecllnga court houfe, prlfon and (locks in the courty ,f Burke, for the ufe of laid diitricl, and for levying a tax to complete tiefame, alfojor laying out ariielfabVilb ng a ti vain Burke rountym I. F> E, it enatledbi the General Affembly of theft ate o/Nprth-Carolina, a,.dit is hereby enacledby the authority oftkejam^ 15 that Waigitft'i'.l Avery, Jafiteijobriflon, William Lenoir, Jojeph ftt'OvOfctl and John ll'ulker, El^tres, be, and 124 thay are hereby appointed cdWifi (Thiers for «&e jjarpofe afbrefitiij an J that thev on majority of them he, a^d are hereby appo nt :d thJ required as loon as may bj after die paiiing of this act co agree and corttracl far one hu dred acres or land in cie county of Burke, as near the center thereof as may be convenient ; and alio to ayree and contract wich workm-ii for erect:;>g and budding tnereonacourt houfe, prilun and docks, which when fmilhed Ihall be and remain to the ul'e of the dr.trift of Morgan. II. cr It!. Ob fold;. IV. And whereas it would fen J much to the advantage of the inhabitants of Burke and thofe of the diftrict of Mor- gan generally, to have a town hud on: and elhblifbed on the land which Hull be pwchafed by the commillioners for erecting the public btnlduigs above mentioned, on , be it therefor: enuilii, by the authority. afyrifaid; :hat the coaimillioners appointed by tdis act for th^ purpole or purchifirig one hundred acres of land tor the public build- ings aforeiaid be, and they are hereby appointed coannillioners for designing and laying the fame off., into a to.vn, and as loon as they have lb done they Ihall caufe the lame to be formed into acre lots,, with convenient fireets, lanes and- allies, which lots lo l,-.i J off agreeable to the directions ot this act, a re hereby ciiablilhed and erected a town, and Ihall be cail.d by the nameol Moiganjboroigh. V. And be U further enr.cled, by the authority afore/aid, thai from and after the parting cf this. s& the commiiTtor.ers above named Ihall be, and they and every of them are hereby conltituted directors and iruitees for the ddignincr,. building and laying out the faid town, and they fhill Hand feized of an indeleafble eihte in fee.fhnple of the laid oiie hundesd acres o! land, to and for the ufes, intents and purpoles hereby expreiled and declared ; ana ibcy or a majori- ty of them Ihall have full power and authority to meet as often asthej.fhall think necdlary, and caufe a plan thereof to ';>c made and therein to infert a mark or number to eaeh lot ; andas fooa as. the laid to.vn ihail be laid off as aft re- feud, they and each of them Hull have power to t .dee fubferiptions for the laid lots of Inch perions as are willing to fublcribe for the fame, and when the laid directors have taken fublcrjpiians for tifty lots or upwards, they Hull ap- jv/mt a day and oive public notice to 'he fublcribers of the day and place appointed for the drawing, of laid lots which Ihall be done by ballot in a fair and open manner,, under the directions and in the prelence ot the laid, directors or a majority of them ; and fuch lubferiber fliall be entitled to the lot or lots which fha'.i.be dra^n for him, and correfpond ■with the ma rk or number contained in the plan of laid town ; and the faid directois or a majority o.* them Ihali make ar. J. execute deeds for granting and conveying the faid one hundred acres of laud in acre lots as aforeiaid to the fub- fcrffcjers, their heirs and alligns forever, and alio to every other perfon who Ihall purchale any otherlot or luts in the faid town ; and every perfon claiming any lot or lots by virtue the fame in fee limple : Provided neverthekf:,, that evety grantee of any lot or lot* in the faid town f» conveyed j1k.I1, within three years next afcer fuch conveyance for the lame, erect, build and tinilh on each lot fo conveyed one vi :'l Irarned, Iqjare, logged, or brick houfe, fixteen feet fquare at lealt, and eight feec pitch in the clear or purport i« ■ on :.ble to Inch dimeufions ; and if the owner of any lot or lots Ihall fail to comply with the directions in this act pre- ictibed for building and finifhinga houfe thereon, fuch lot or lots upon which fuch Iioule fliall not be built and fnvlbed as aforeiaid, Ihall be re veiled in the laid directors j and the laid directors or a majority of rheni may, and they are he.eby iropowered and authorized to fell Inch lot cr lets for the bed price thai can be had, to any perlun applying fcr the lame, and grant and convey luch lot or lot* to luch perfon or peifons under the like rules and regulations .s the lam: Was or were formerly granted ; and the money ariling from fuctj iale be appktd by the laid directors or a, ma. joritvof them for the benefit and improvement of the laidtown.. Chap. XLI. An act fir the promotion of learning in the diJ?ric7'ofH\\\{boroitgh, and to amend an acl for efiabliflnng an a. cademy in the neighbourhood 'if Hil'fboroligh. p. 87. I. VTf 7HEREAS by an aclof Alfembly, intituled, " anuFt for eflublifhing. an academy in the difirict of Hillfbi. Vv- rough, certain perfons therein named were appointed truilees to carry the laid act into execution ; and •whereas divers of the faid commillioners by death or removal out of the ftaie cannot be convened, I (. Be it therefore enacled, by the General Affembly of the State of North Carolina, and it is hereby entitled by the au- thority ot the fame, that the reaiainingcomnnliioners refident in this ftate, provided there be three of them at the leaff, (hall have power and authority to nominate others in the room of thole, who are dead #r removed out of the ftate. III. And be it further enacled, by the authority aforefaid, that the ccmmilTionersor a majority of them fhall be aboard for bufinefs, and when ;uTenibled ihall have t tie powers authorities given by this act, as well as by the act which this is intended to a mend ; and upon the death or removal out of the Hate, or refufal 10 act of any of the faid conimilfioners, , thofe remaining or a majority of them fhall have power and authority to name others in their ftead. IV. And be it further enacled, by the authority afore/aia, that fo much of an act, intituled, an at} for eflr.blijbing ax academy in , the neighbourhood c/"Hillfborough, fo far as comes within the purview of this act and no further, is hereby repealed and made void. V. And be it further enabled, by the authority aforefaid, that the faid commillioners fhall on the fecond Monday of July next enfuing the ratification of this act, and on the fecond Monday of January, April, July, an4 October in every year thereafter, meet in the town of HiUjborough, then and there receive into the hands of a treafurer by them appoiu- »ed all fums ol money fubferibed and paid (all J urns fublcribtd and not paid to ihes* then and there Ugly tg be account* IC1J cd f'r) and to receive all farther and other donations, and in cafe of refufal or negtecfc of any perfon or perfons to pay .. C wdkig to the true intent of h.s proniile, obligation, covenant cr agreement, inch Cdmiffibims may, and they are l,,re>y~impower. d in the name of their chairman to bring fuit before any Juftice of ths Peace, or any court of re- cord in ih« dfftrid where fuch contract iliall be made, hiving cognizance thereof, and recover in an action of debt t e turn cr foots due from fuch perlon or pet fon? fo tailing or neglecting, to be applied by the faid commiffioners to the purposes of erecting and in lintsinihg luc'i fchool. VI. And it it Jurtker enable I, by the authority, ajorefjd, that by and with the confentofal! p.rfons having an7 ri-Tiit, title cr in te reft in the c urch erec't-d in the fowia 6f Hilljbvyugh (already far gone to decay; luch perfons being ofthe Epilctpal j -erfu-dion, and as Inch claiming intereft in the fa'td church, fadi content being firft obtained by no" tice in writing," promulgated in the molt public part of the county, calling on fuch perfons to object, if any objections they have upon luch notice given, and no re-.fonablc chj -clir-.p, madcs the faiA'builcffng with the ground upon which it ftands fhall be held and deemed to be inveited kl the i'jid commilliouers, tor the tiles and purpofes following, to -wit .• that the laid church ihail be,, with as muclr reccnomy and expedition as poliibie, put in decent repair ; and fo put yi repair, fhall on every Sunday in every year be open to the miniiters of. every feft or perfualion, being chriftians, there 10 inculcate. the truths of their holy religion : Provided always, that every difpure relative to a preference to 'he faid church in rineiating there by miniiters of different cr of the lame lech lhall be determined by the faid cmnmiflioners ; and in any diJpute between an Epiicopalian and miniiters of any other perlualion a.s fo a preference to the pulpit, (be former (circumftances being otherw ife equal) lhall be preferred, as the church.was founded lor the Epifcopal perluafi. on, and to them by the conf i uiion properly appertains. VII. And be it further enadfed, by the authority afore/aid, thai tutors cr fcboolmaflers appointed and authorifed by the laid commilliouers, lhall teach and inltruct in the laid fchool in fuch branches ol learning as the commiihonersfiiall direct ; and luch perfons fo appointed and authorifed by the majoiity ot the whole board, and no others lhall be pri- vileged to teach or inflruct within the faid church , and if any perfon lhall without perinifhon lirfthad and obtained froin a majority of the laid cominifTioners prefume to teach within the faid church, he lhall forfeit and pay the fum of fifty pounds, to be recovered by the comuriflioners by action ot debt in the name of their chairman, for the ufes point- ed out by this act. ViJl. And be it further enabled, by the authority aforefaid, that the faid commiliioners mail yearly, and every year on the fecond Monday in July, appoint out of their own body a chairman, clerk and treafurer ; and the cominifTioners Iliall be a body incorporated for the purpofes of carrying this act in execution, and for receiving donations from all charitable and well difpoied perfons for the ufes of the faid Ichool, and lhall have power and authority to vifii rl e laid fchool at proper times and feafons to infpect the progrefs of Undents in uleful learning, but lhall confer no degrees,, nor lhall fuch lcliuol be called or confidered as one of -thole feiuinaries.ei'cabhlhed by the Ipecial directions of the. consti- tution. IX. And be it further enacled, by the authority aforefaid, that it fhall and may be lawful for a majority of fuch com- milfioners to remove any tutor or mailer guilty cf immorality, neglect or miibehaviour in office. X. And be it further enabled, by the authority aforefaid, that it lhall and may be lawful for the faid comirifiioners to open a lottery for the purpole of railing a fum of money lor repairing the faid building, employing matter's and tutors, and for the other purpofes of this act ; Provided, that the whole profits of the laid lottery (full rot amount to more than, five hundred pounds current money of this flue ; and to appoint truftees to manage fucii lottery, fuch uuftecs giving fecurity for the faithful performance of their duty, and that all profits arifing fi cm the laid lottery fhall be applied to the ufes of the faid fchool or academy, agreeable to the direction of the aforefaid com«mfli6ners. X T . And be it further enacled, by the authority r.j 'ore, laid, that the faid commiffioners be, and they are hereby im- powered to make fale of luch part of tbe ornaments, utentilsand decorations at the faid church as lhall not be nccefla- ry to the reparation thereof, the proceeds to be applied to the purpoles of the laid fchool. XII. And be it further enacled, by tie authority ajorefaid, that during the next fellion ol the Gsneral Afibmblv, if the Afiembly fhall be in the town of Hillfoorough, and at any future lefiiou thereof in the laid town, the faid buildings .nay be made ufe of by the faid Afiembly fitting in their, legitlative capacity during fuch fellion. Chap. XLII. '.An ail to amend an acl paffed at IVewbcrn the fir/7 day 0/ December, one thoufandftven hundred and fix- ty-fix, intituled, " An act tor eftabhfhjnga fchool- tiou.e in the town of Neu-bem." p. 49. I. fT 7HEREAS the fchool heretofore eftablifhed under the before leched ad has aulwered very valuable purpo- VV fes, but in the courfe of the late war, by the deaths and removal ot many of the truilee;, and from other unavoidable accidents, the building is much impaired, and tiie education of vouth neglected ; II. Be it therefore enacled, by the General Afjejnbly-pfthe Hate of North-Cirohna, and it is hereby ended by the cuthnriiy of the fame, that from and alter the palling of this act the faid Ichool lhall be diftinguilhed a, id known tiy the name ci the Ne-wbern academy ; and that the honorable Richard Capwell and /ibr.er Nafh, Efquires, John Wright Star ley, WiHldm Dhunf, John Sitgreaves, Spy efs Singleton, V/ili'mm M'Clure, William Bryan, aid Richard Dobhs Spaight, Elq'rs, be, and they are hereby appointed truftees and directors of the laid acadejhy, and lhall be and th-y are hereby incorporated into a body politic and corporate by the name oi the incorporated fociety, for promoting and eU ' I a tablifhing the Ncwbcrn academy, hy which name they (hall have perpetual fuccMflion, ami a common feal, \^Jhic» thev may alter or amend at discretion, and under the aforelaid name ihpy and thtir luceeilbrs lliall be able and capn- blein law to have, purcnaie, receive, pofiefs xnd retain to them and their luceeilbrs for ever in trait and confidence for the fild academy, any lands, rents, tenements and hereoka^e.its, and alio ro fell, grant, demife, alien or d'f- po'e of thefame, and' to receive and take any charity, git: or donation to the faid academy ; and the laid trultees and their lucceflbrs b' the aforeiaid'namc m,. y ibe and implead, be filed and impleaded, anfwer and be arl'weicd in all courts of record within this Hate, and Qisdl from tin e to twne under their common leal, make Inch rules, regulations and ord'nances for the admifiion or difmiliion of the teveral matters and teachers in the laid academy, and for the bet- ter regulating and well ordering of the lame as to them lhall item reqnilhsand neceffjtry for the promotiou of learn- inn; and virtue : Provided, fuch rules and ordinances be not repugnant; to the laws of the ltate. "ill. And be it further er.actei, by the mdi.^.rity afcre/oid, that tne fcveral lots of land, together with their improve- ments, "i anted by the before recited act to the trultees of the public lchool in Newbern in truit and confidence be, and the Tame are hereby veiled in the trultees and directors by this act. appointed, and their luceeilbrs forever, ia trull and confidence to and for the ufcs and purpoies by this act interned. I /. And whereas the e arc in the town of Newbern four lots of land known inth.? plan of the faid town by the numbers two hundred and forty. eight, two hundred and forty nine, two hundred and fifty, ahd two hundred and fif- tyone, which were granted by the cimimiiiioners of the laid town to John Htarkey, Edward Oriffilb and Jeremiah i dtl, by deed bearing djte the fev/nteenth day of April, in the year ot our lord one thoulaud leven hundred and fif- ty, in trull and confidence for the tile of the public tor ever, ar.d are declared to be laved lots end referved.is afore- laid by an act pafjfr.d fit A ewbern in the year ot cur lord ore thoulaud leven hundreda nd fit'iy one* ; and the tiles and purpofes for which t'.-e laid lots were reicr.ed having no longer any exiftence, be it therefore enaUe'd, by the authority ufo/r/ai/l, that throe cf the aforelaid lots, to wit : litc^e known in the plan of laid town by the numbers two hundred and forty nine, tv.o hundred and fifty, -md two hunJn.J and fijty one, Hull be, and they arc hereby decla- red robe vetted in the aforelaid trultees and duTp&prs and tneir luecqflon for ever, a. : y law pay tn. balance remaining in ids hands to the fucceeding trcalurer or the order of the directors, the lame method or recovery UJay be had agamit h;.n as is provided for tin' recovery oi .public monies in the hand* ol (her Ss or o.-iier penutis- VI. /lad be it fit r /-. r cuiacl, by ih, authority *j r ad, that on the tit aiii, re.ufil to act, rr removal cut ct the itate of any ot the trottees^ the remain ng ti ulu S 01 a majority pi them ih.nl elechother trutlee* in the room and ilea-.! of ihp'fc dead, removed pr.rcfufmg to act, jvho lhaU he inyfilted wUh the lame powers and au:hurities as ths other iruitccsantl directors appointed by this act. VII. Andbe it further ejuiiled,' i> tht autlntity cfiref&id, that the truftees fhall appoint public viii ations of the an- demv once in every ';.: mo'tihs, when they liian e.t.iiinie what progrefs is made !iy the fev^rtd fin ems, and grant certificates to-iuch as (hall leave the academy, certifying tne r liteiary merit and the \ rogrets they lliall have made in ill ei nl 'tuowled ;c, v/hether it bs in learned languages, arts or icieuces, or ail of tnem : Provide^ always, that they lb. ill net oil any prete»..e grant degrees or tities, Ultn aoihedcgrees of batchelor or matter ol arts, or doctor in any facuTtr. V III. Aid!,' it th; :'■ r em ■ J7- '. by >■' ■- c.utM 1 sty aforefitid, that the truitees .fliall not in any ctife fell lands or tlifpoio of Ute monies belonging to the acadeniy unlpfs a majerrty ot the iociety is pre tent or at heir (faced bs'f-yearly vifitati- ons ; and tliat no re'aor, i-'fotciier or -utor in tlie 'am .!:i'!v,y lliall at any lime be chefen a truitec thorcot, tnu that his Excellency ihe Governor of the ltate for the time being may at any time of their visitations take a feat in the todr-v. IX. A. i.l h' it further euoRedy by the authority afire/aid* that She rector, profeiiors and tutors of ihe 'rd academy (hall |js exempted from military duty : Prov ded, t.wt no peribn (hall claim inch exemption unlets he has Lxen at lead li:; mombsa !'. .ted tu#car, reftor or proftflbr hi the academy, and continues in that duty. X. And b it/urlh ■ . ■'■''■', bydh, authority a) ore fidid, that the truittea by this act appointed lhall have full power il authority to dem.i >d, receive and reader horn a 1 pel ib'is whatloevrr ai! monies, icnts, goods or orhei effects of v.-hfltn/iureo-r kind Ibsi'en due, owaig or belonging to the late public fclionl aloreiaid, and to dilpofe pf and apply the ame as is by this acl tlirt cted. XI. Andbe it fntiher c ■: v-7,,/, by the authority afore/did, that nothing in this act (hall be conltrued to prevent the trnf- te-slfom (iiil;:igui.'tir:g their public hall, naufcumor hbia.-y, by the names of fuch pcrfons or iocietici as may within tw > "'ears fro n the p rlli ig of thii act give the moll IHicrai doti :tions to the academy. XII. And be it further eniMcd, irs' at fetid • and ftrch l'ublcribe-s (had be entitled to the lot or lots wivch Ihall be drawn for him, and correfpond with the mark or number contained in the plaioffiid town ; and the laid kre&orso.- a majority of them (hail m&ke and execute deeds fo granting.! id conveying the fa'd forty acres of land in half acres as aforefakl to the ia;-,;;r,bers, their heirs and affigns forever ; and affotoevery other perion who fhail parchafe any other lor or lots i 1 tiv laid sdtfri ; a id every perfe-n claim ng any lot or lot, by virtue rSr any fjch convey ince Iliad and may hold an 1 enj t,< the i 1 ae i i fee limple ; Pi ov del 'leverthelefs, that every grantee Or any lot or lots in the fiid town lb con. vt ;cii, Iln'l .vitfiin three ye.m next atrer Inch conveyance for the lame erect, build and iimlhon each lot lb convey- " ' ■■• ■■ ■ » s ! t;fra ned or hrck Fioiiie, fi iteen feet f pure at leaft, and ten feet pitch in the clear, or proportiorable to In. h d, ne ifiori?, if Ituh grantee Ihdi have two or more lots co.uig ions ; and if the owner of any lot or lots Hull fail t p co nply vit'i the ctireft o isia this a.l pref.ri >ed for b a Id ai and fi ddn.ig a hoaf : thereo.i, then fuch lot cr lots u:i. r. 1 -v'-neh Ibcli hoafe ihdl i.ot be btl.lt a. ul i'uiiiie«i as afo.vfaid, ill til be rj'veiled in the laid dhecVr', and the k.'i f d reclars or 1 hi ij >ri:y of them may, an I they are here ->/ impower'cd and authorized to fell :uch ot or lots for the belt: price tint can be had to a iv perfbi applying for the lane, a.i 1 grant and convey Inch loc or lets to Inch perfbns un- der the fke rules regnhro is a.id i further entiled by the anthority dforefaul, that in cafe ol the deitli^refufal to acf, or removal out of the qoanty of any ot tne laid d rectors the furvivine directors of a majority of them lb. ill alTem'ele, ana are hereiiy impo.veieJ Iron) tme to time by intfrn- inent of writing under their reipective hmdi and feals to nominate fowl uttier perfqn, being a freehaider ot the laid town, in ihe place of him lb dying, refilling to act, cr removing out of t'.e coumy which director io nominated aid appointed (hall from thenceforth have the like power and authority in all ihmgsin tne matters herei . contained as it" lie had been exprtflly named and appointed in, ami by .this act. C:ia;\ XLI7. Anartt-i ejlablth a town 01 the Ian \ of 'John Walker at a place called ^Deep V/aici I'jint, joining Fort Johnltoji o-i the liver Cape-I-'ear, in ii'-iinl .v ( |; cou> ty. \. \ T7HEHF.AS it has been reprefented to this AilemiMi that the land of Joint Walker lying on the river Cfifc F~c r, \ V at a place called Deep Waier-V'ml in Bntnfmch. county, is a pleafant End heaktiy fnu.t.on, ; r.d conwUdlWu* 128 ici .radc and cdtmurce, and the faid John Walker having acknowledged, his free content to have a fu'fficient quantity of tfte laid land laid oft' for a town, which will greatly promote th.e trade of faid river, II. Beii th'refore enacled, by tie Gent red sfjfe/nb'y of the Slat? (J North-Carolina, audit is hereby enacled, by the- «utb(tity of th' . fame, that the directors or truth: es herein after appointed,, or a majority of them, (hall fo loon a:, may . be after the pilling of this act, catife a fufficies-t quantity of laid Watker'% lands to be laid oiTinto lots of halt an acre each, with convenient ltreets, lanes and alleys iti'.-rving two acres of faid land for a .eourt-h<qence:> of laying off and improving the laid rowti, as. a majority ot the directors lhall think neceffary. / V. And belt further enacled '. by tie authority aforefaid, (hat Henry Toomerke, and is hereby appointed treafurer ©f the faid town, who iha'l enter into bond with fulficient fecurity to the Jufhces of the court, oj the faid county of '■Brmfvfick, in the penal t.im ( f t ao thoi.land pounds, that he will well and truly account with and pay the monies lie lhall receive in virtue of hit cjfice, to fuch pnibn or perlons as by this set is directed ; and en the death or removal of the laid treafurer the remaining direct) rs, or any three cf them by certificates under their hards and leals, fhall no- minate ar.d appoint one other ol the directors to be treafi.rir of the fa : d town, and lo in like manner from time to time as often as the faid Dlficc fhall become vacant as aforefaid ; ard fuch trealcrer or trealurers lliall er.rei into bond vuth fertility, in the fame manner as the nealurer by this net appointed. VI. And ior continuing the. lucceliion of the laid directors untill the faid town fhall be incorporated, be it /:-.• '' cr cnr.ft-d In toe authority aforefaU, that in cale of the death or refufal to act of any ot the (aid directors, the I director-, or the majority of them, fhall aflen-.ble and are hereby impoweredfiom time 10 t me b- ii ib-miit-nt in w ri« img under their hands and leals, to nominate fome other perfon being a freeholder in the laid tjjwh rn the place of 12$ rfim fo tlyin-r or refilling t o »!t ; which n?w directors (o nominated an 1 appointed mall from thenceforth have the like power and authority in all tlnngs in the matters herein contained, as if they had been expreilly named and appointed in and by this act. Ck ap. XLV. An aft for eGabliflnng and laying out a town in Richmond ifiunty by ihe name of Rockingham. I. VT 7fiE,ilE.A 3 trie eitablifhing and Laying out a sown in the county oi Richmond an the public land at the court- VV houfe therect wculd be of ^reat advantage to the inhabitants, and be a cuiuiderabie means of railing money for building the public build ng* of fai 1 cbupty j II. Be it therefore er.aclid t>y the General Affi.wly cf the I la\ C of North-Carolina^ and it is hereby enxcied hy i he aid), o • rity of the jam:, that the commiflioners heretofore appointed fp>- contracting for the building of the public buildings 6f Richmond county, or a majority of iheiu, be and they are hereby authorized and impowerea to lay out all ihe public lands by them purchafed lor the ufe of the public at Richmond court- houfe into a town of half a :re lets, withproper ftreets, &c. which Hull be called and known by the name at- Rockingham ; one or more of the laid lots to be referv. ed for the ufe of the pubic buildings, and the other lots to be dilpuied of by the fait) commiflioners towards railing the money for compleating t lie laid public buildings ; and the laid comaiijlioners are hereby authorized to make good and fufiicient titles in fee iimp'te to the rtlpcctive purchafcrs for the laid lots. Chap. XL VI. An aclio amend an aft, intituled, An aft for eftabli filing a town on tiie land of tViiliam Herritage, at a place called At/rns's Banks, in Doi'bs county, p. 41. I. IT 7HER.EAS the erecting and eltablilh'mg a town in the county of Dobbs has been a means of promoting trade V V and commerce ; and the aft of AlT-mbly palled in the year of our lord one ihoufand feven hundred and frxiy- two for eftablifh'filg the tame, is found to want alterations and amendments. 1 1. Be it there/Ire enafted, by the General Affe-nbly of the State of North-Carolina, and it is hereby entiled, by ihe au. ihoi hy of the fame, that the one hundred and filty acres of land conflituted, erefted and eftabiifhed a town and town. com. noii by the name of King/ion,, fhal! from and alter the pairing of this aft be tailed and known by the name of Kin I ion. 1IL And whereas the greater number of the dircftors and truftees of the faid town appointed in the laid r.ft are d.-ad or removed out of the laid county, and it being domed whether thofs remaining have power to fuppfy the va- cancies by el.ftmg others, be itlberefoie enacled, by the authority aforejaid, that the honourable Richard Ccfw'eil, EC- quire, Jeffe Crbb, William Cqfwetl,- Ifaac Ir'ingete, Richard Cajxveil ihe younger, John Hirritage, and John Sheppara"} Efquires, (hall be, and they arc hereby appointed truitees and directors of the laid tow n in the place and ftead of thole appointed by or elected in virtue of the aforelaid,act, and {hall and may ufe and exercif.' the fame powers and authorities as the directors or truitees of the laid town appointed by the faid aft could or might have exercfed, ufed and enjoyed by virtue of the fame ; and in cafe of the death, refulal to aft, or removal out of the county of any of the faid directors, the furviving or other directors, or a majority of them, fball and they are hereby impowered to choofe another director or directors in the room of i'uch lb dying, refilling to aft or removing out of the county ; nnd fuch director or directors (liall have the fame power and authority as if expreilly named and appointed in and by this aft. IV. And be it further enacled, by the. authority afore fail, that for the future the courts of the faid counrv, the e- lection of representatives, the election of wardens or the poor, general tr.uftets and other legal public meetings of the inhabitants of the faid county Hull be held in the faid town ; and the fheriii of the laic! count]', the clerk of the county court, and the regifter of the county and their iuccefibrs in odice. ihall hold and keep their reipeftive offices in the laid town of Kin/ion, and at no other place whatever ; any cuitom or ul'age to the contrary notwithftanding. • V. And be it further enacled, by the authority aforejaid, that no -fair, writ or other procefs that is or lhail be made returnable to the next county court of pleas and quarter lemons to be held for the county cf Dobbs after the pafiing of this aft fliail be abated or vacated,, or any bail bond, recognizance or other inftrument ot writing become void or in- valid, but the fame ftu!l be good, available in law, and as effectual to every in'ent and pi.i pofe v> hatfecver as if the alteration of the name cc the laid town and town-common had never been rrade ; and that fo much of the above re- cited aft as is not altered by this aft (hall be, imd is hereby declared to be oi the fame force and effect in relation to the laid town and town- common as if the fame had been originally called by the name of Kir.Jlon. VI. Ar.h be it further enabled, by the authority afore/aid, that one half ot the lot comprehending the fcuthern part th reof, known in the plan of the faid town by the number feventy fix, be anti hereby is veiled in the Jufliccs ol the faid county of Dobbs and their fucceffors in office for the (ole purpole of eiefting a gaol thereon for the tile of the laid county ; and the truitees and directors of the laid town are hereby declared to have no power to dilpofe of or convey tne laid lot to any other pcrlon or perlons, or for any other ufe whatloever ; any thing in the before recited aft to the contrary notwithftanding. VII. And be i! further enacled, by the authority aforefaid, that the directors and truftees cf the faid town fhall be veiled with, and are hereby declared to ha,-e power to call upon fuel) pcrlon and perlons as have received any mo. J 3° n:e» or engaged by iubferiptions to pay any fucK e^ who may hereafVr fbbfcribe any mrney for the erecr'np, builcf. ing-tnd finiihini| t'.ie court-houfe, prilon and ftocl.s in the laid town for the piy nem of the lame ; and in cafe ol ne. gleet or re hi Pal to pay luch money utcy lhall and m .iy, and are hereby impowercd and authorized in tne name of die iicafurer of the fasd tOAn to (us for and recover the lamj before any jurifdiction having ccgnreance thereof, and (hall caufe the lime to be applied to the purpofes of the faid fubtcripiions, and to no other ufe or purpole whatsoever. VIII. And be it further entiled, by the authority afortfaid, that the directors and trultees for the time being, or a mjjority of them, fhall and are hereby impowered to pals any order they may judge proper lor opening the itrtets, pnvrnimg mortar, clay or wooden cLimnies being built, and pu'ling down Inch as are already built, it judged Ly them to be a nuiiance, for obliging the inhabitants to keep their chimnies clean and railing them to a proper height, for obliging all per ions to ckar the itreets before their houks, and for all other things for the good and fafety ol the laid town and the proper regulation of it, confidently with the laws of the ftate, and to enforce tuch ordus by laying a fine not exceeding forty ihiHings on all perfons neglecting or refuting to comply therewith, to be levied by a wairauc from luch directors and trultees, and fa!e of the offendeis goods in the fame manner as goods are lawfully Ibid for the payment of final! debts, and the money applied to the ufe and benefit of the laid town. . T X. And be it further enailed, by the authority aforejaid, that the directors and truikes of the find town, or a majoi!. ty of thsm, (hall as often as they think proper appoint a town clerk, and lhall keep a town book in which lhall be enter- ed the time ol taking the entries of lots, th; orders they way make, the perfons names who make fuch entries, the Time when tl.e deeds are granted, an account of the monies they rcce ve, the. manner of applying "he fame, and the nun -remaining on hai d ; and Iuch clerk may take and receive tor the entry of each lot, and drawing the deed lor the lame, the i'um of eight fhillincrs and no more. X. And be it further enc. Sled, by the authority' oforefitid, that the Juftices of the faid county of Dobbs (hall, and they are hereby impowered yearly to appoint fotne tit and proper perlon inhabitant of the faid town overker of the lame, who fhall as often as there Dull beoccafion fuinmnn the male inhabitants of the faid town liable by law to woikon pub- lic loads to clear and repair ihe llreers ami alleys thereof, end ic '>ove any nuifance or nmfances wiihin the lame, and if fuch inhabitants fhall fail cr refufe to appear on fucn luminous and work in the faid town at luch times and places as the overker lha'.l direct (two d ivs notice being given before the day appuinttd for working), Inch pcri'on lo neglect- ing cr refufing, or the mailer cr miltrels of fuch perlon being an apprentice, fervant ot Hives. kali foifeit and pay the Juki often Ihillings for every day he fin II lb negleft or rctufe, to be recovered bv a warrant irom any Juitice of die Peace for ihe kid county, t« be applied to the purpose of employing perlons to work on and keep the ltreets and alleys in the faid townckan and in good order and repair ; and the inhabitants ot the laid town of Kin/ton lhall be, and for the future are by this act declared to be exempt Iron working on any of l'te pu > be roads out ot he la:ct town. XI. And be it further entitled, by -the authority afore/hid, that none of the inhabitants ot the laid town lhall on any pretence wbatfosver lufkr anv of their bogs or geek to run or be a t targe wiihin tie bonnes of the laid town ; aril any hog or hogs, gooie or geel'e running at large in Hit iaid town, fhu;i be fufeittd to any perlon who fliall kill cr feizb the jams. XII. And be it further cna led, by the nitthmty tfcrejaia', that fo rrmcli ot the aft for eftablifhiitg the town of K'mgftw as is repugnant to or iiuonlillcnt with ihis act be and is hereby icpeaied and made void. ClIAP. XL VII. An for ejlablifh'mg a tovjn on Cumberland river a' a place calledthe Bluff, near the French Lick. I. TT) E it tnaxled by the Generat AJftmbly of ihe flute of North- Carolina, mid it is hereby en.icleri by the authority of the j53 fame, that the directors or trufkei be. cm after appointed, or a majority ifi fern, fi.;'ll fo Iron as may be alur the pafling of this act caufe two hundred acres ot hnd, fituate on the fouth flde of Cumberland liver at a place called ■the Bluff, adjacent to the French Lick, in which the faid Lick Jiiall not be included, to be laid o& in lots of oie acre each, with convenient itreets, lanes, and alleys, rekrving four acres for the purpoie of erecting put. lie buddings, on which i;.nd lb laid off according to the direct o^s ot this act, is hereby constituted, erected and eftablifk d ■> town, aid fkll be called and known by the name of Nfffi-l- ':!! , in the meir.ory ol the patriotic and brave Genera! Nafh. II. And be it father cnncled, by the Authority ttforefaid, that from and after the palling iir tWs acr> Samuel Bardeh, Thomds Maloy^ Daniel Smith, James Shaw, and Ifaac Lindfay, be, they and every of them are hereby con- stituted directors and trultees for creeling and laying out and carrying on the laid town , and tt ey lhall ltand ieized of ■jin mdekalibkdtare in ke of the faid two hundred acres ot land, to and for the uks, intents and purpofes hereby expreffed and declared ; and -they orany three of them lhall have power and authority to meet as often as they lhall think necefTary, and ciule a plan thereof to be made, and therein to inkrt a mark or number to each lot ; and as loon as the faid town fhall be 1 aid off as aforefaid, they and each ot them lhall have power to take iubferiptions for the faid lots of fuch perfons as are willing to lublcribe for the fame ; and when ihe laid directors have taken Iubferiptions for fifty lots or upwards they lhall appoint a day and r>ivc public notice to ihe tubicribers of the day appointed for the drawing of the .faid lots, which Hull be done by ballot in a fair and open manner, which Hall be done by the chrccti- -or.s and in the preknee of a .najorify of the laid directors at leaft ; and fuch lub'cr.ber ihall be entitled to the let or lots ■which fliall happen to be drawn for him, and correlpond with the mark or number crntained in the plan of the faid . town ; and the (aid d'reetors or a majority of them llial make a id execute deeds for granting and conveying the laid ; wo hundred acres of land iii lots of one acre as afore/atd, to the lubfaibers, their heirs, snd alliens forever, undgr *3 f the i^cs reftri&oas and provifocs hereafter mentioned; and alfo to every other perfon wno mall purchafe any lot or lots in the ia d tov. n at tut coit jnd charges of the grantee to whom the fjid lot cr lots (hall be conveyed ; and eve- ry perfon claiming jfny lot ci lots by virtue of luch conveyance, midland may hold and enjoy the lame infte limple : Provfded nederthef/i, thai every grantee of any lot or lots in the laid town lo conveyed, ihall within three years after tiie datecf the- com e> ance tor She lame erect, build and fiuifh en each lot lo conveyed one well framed or iquare log* ged, or brick, or (tone houle, iixteen feet lquare at lealt, and eight feet pitch in the clear, with a brick or fione cii mr.ey, or proportionable to iuch dimenfious if 'nch grantee have two or mote lots contiguous ; and if the owner of any lot cr lots Ihall iail to comply wiih the directions m this aft prefcribed for bu lding and nnifhing a houle thereon, di:ch lot or lots upon which a houle fhall not be bu:lt and finiihed as aforefaid, ihall be free for any orlier perfon or per- ons to lake up id the lame manner and under the fame rules and rettrieiionsas other lots are directed to be granted to any other per, on or perfons after the fuhferiptien lots are drawn lor. ill. Audi's it r.urthci; enaBed, by the authority ttfortfaidj that each refpecliye fubferiber who Ihall fubferibe fir any . -ot or lots in the laid town, Ihall \»ithin one month after it fhall be afcertained to whom each of the faid lots doth be- long m manner hereinafter mentioned, pay and fatisfy to the treasurer of the laid town four pounc's fpecie for each lot by him fubferihed fcr-i and in cafe of theretulal or neglect of any lubferiber to pay the laid fum, the trejfurer may and lliali commence and proiecute a fuit in his own name for the lame, and therein Ihall recover judgriJmt wi:h calls of fiiit : and the laid treafurer fhall as- loon as he receives the laid money pay the lame into the hands of Eyhraim, MLej,r., Aid-ev.i Even, and Jonathan Drake, to be by them applied to the ptirpofe of building a court hi tile, pri&n and flocks upon the before relcrved public lots, for the ule and bench; of Duv'u.Jw county ; and the laid Efhraim. SVLean, An.irevj Emerf, and Jonathan Drake, are hereby directed and required to givs bond with approved fecurity to the Juftices of the Li J c jurt lor ths faithful application of the lame, in Hie penal fuin of one thoufacd pounds fpecie, previous to th.irreceiving the fame. IV. /m& beitfur 'her watted, by the wutberlty *fi>refai& t that Samuel Burden be, and hereby is appointed treafurer of the faid town, who ihall enter into bond with luffieieni fecurity to the Juftices of the laid court of David/ox county iri the perral turn of one thouland pounds', that he will well and truly account with and pay the monies he fhall receive in virrue ct his office to eacn petion and peribns as by this act he is directed, and on the death of the faid treafurer the regaining directors, or irny tiiree of them, by certificate under their hands and leals, fhall nominate and appoint one- other of the laid directors tjbe treasurer of the '.aid town, and fo in like manner from lime to time as often as the fa id office lhaH become vacant as .Morel aid ; and letch treafurer or treai'urers ihall -enter into bond with fecurity, in the fame manner as the treaiurer by this act appointed. V. Aid for the continuing the fucceffioii of the faid directors until the faid town fhall be incorporated, be it further cttaclcd by tie authority aforefaid, that in cafe of the death or reltiial to act of any ot the laid directors, the re min- ing directors, or a majority ol them, areherebv impowered from time to time, by inflrument in writing under their hands and leals-, to nominate -'bme^ther perfon being a freeholder in the faid tosvn, in the place of him fo dying"©? refuting ttracft ; which new director lb no.i-.inau-d and appointed fhall from thenceforth have; the like power and audio. rhy in all things and matters herein contained as if he had been exprellly named and appointed in and by this acT: : />;. vide'd, that parties Robert fov fliall have leave to chcofe tour lots in Inch part ot the faid town as he (hall think prcper, for which he Ihall pay the laid commiffioners four pouncis icr each lot, and Ibail have deeds for the fame, in the fame manner as directed by this ad in other cales. Chap. XLVUI. An aft for annexing 'certain lands laid off by Thomas Kefpifs, Efquire, to the town of Wathragtons an I for imp&aterhtg'Jhe commiffiorte s to lay atix on the inhabitants of faid town. i# R^ :/ ei ""^ i " J * h t!:; General Afjimbiy of the State of North-Carolina, and it is hereby evafted, by the authority of U> ti:ejanne, \ ha- from and after the palling of this act all that tract or parcel ot land lately laid out by Thon.es Rff. ■f'.ff, Efquire, imh ediately above and adjoining the town of Wafnington, containing fifty two lois, (hall be and is here- by annexed to the faid town, anu ihall hereafter be conlideied as part of the town QilVefitngton, and lubject to tLe fame rules and regulations. If. And whereas it is receffary that the (Vests fltculd be kept in repair, and other ufefui improvement? made therein, bettenaaed. by the authority afire/aid, that from and after the palling of this acl the commiliioners of the faid town, cr a majority of them, fliall and they are hereby required within lixiy days -after the firft day oi Atril in every year to lay luch a tax as ihey may jud^e ne cefiary, not exceeding one (hilling on every hundred poinds value.ot taxable pro. pertv, which tax Ihall be collected by warrant untie* the hands and teals of the comniiffioners or a majontv of them, d. reeled to any perfon they fliall appoint to coliect the lame, returnable at luch time as (ball be therein menticned, which la.d collector appointed as aforefaid is hereby impowereci to collect, and make diftrefs tor the fame in like man- ner as merits or other collectors of public or comity taxes are impowered by law, and the money arifi'g thereirom, after deducting five per cent commii!;o;is, fliall be by him paid into the hards of the commiffioners cr a majority tf them, to be bv them applied and lata out in clearing ar.d repairing the public ftreets, and in any other public improvements they may judge 1 ecefiary foi the bench; ct the faid town. 1 i 1 . And lie it further enabled by the authority afire faid, that all petfens refiding three month? ; n the fa : d u v.n next •before the f.rfl day ct Afrit in every year fliall be iubjeit to pay texts in the fame, which laid tax 11: ail be levied on all 1 l t . r ,,' taxable property within the Sal 5 to vn, and a pol. f ,ax of two flidlings on all finglc perfons liable to pav taxes in (aid town not poilefled of one luim'i ei poondi iaxii>!e property, in ilie lame manner as public taxesare by law to be levied, 'and fhall be given in at tlie fame time and in i/ie iame manner as other tax.ible propcr:y is by law, and die jullice who Jhall r.ceive sad lift is hereby required to return the lame to the commillioners within tfcxty day,s : alter the iirft day of i April annually. IV. And be it further en*e7ed, by the authority afore/aid, that no inhabitant of the faiJ town (hall on any pietencc ■whatfoever keep any hog or hogs, Ihoat or pig running at lar^e within the bounds of laid town, under the penalty of forfeteing laid hog or hags, thou or pig ; and it (hall be lawful for any perfon or perfons having refided three months in faid town to (hooi» kill or otherwile deftroy fuch hog or hogs, Ihoat or pig lb running at large withiu the bounds «t laid town. Chat*. XL1X. A* aSl to amend an acl , Intituled, An aft for the regulation of , the town of IVilmingion. p. 33. •5, * % TfcULRJLftS by an act, intituled, An ..ft fr (bt ■ regulation of tit topn of W i!u>ington y palled in the year ens Vt tno'jland (even hundred and fifty fix, the cciiimllfionersuf the laid town are directed at leaft twice in every . -year to warn all the male taxa les to clear, repair and pave the ftreets, lanes or. alleys and to make or mend wharves, ■docks or flips, which have been {ound by experience to be inconvenient and .burihen!ome, and not to anfwer the pur- poles thereby intended ; for remedy whereof, II. Be it enaelcd, by the General Afemhly of the hla.e of Nirth-CiroYtna, audit is herehy enncled, by thf authority r occupying any hoafe or ether building or improvement, or any wharf, or lot withiu the (aid town, fhall be liable. ■to the payment of the tax thereof, unieis the fame fha!) have been returned by fame other inhabitant. IV. And whereas the fire engines of the faid town are greatly nut of repair, and fon.e parts thereof entirely def- tToyed, be it therefore tnacled, by the authority afore/aid, that the faid conimiffiouers (hall ar d they are hereby required 1 a-s loon as they fhall be pofleffed of a fuflkient fund tor that purpofe caaie the faid cnniiies to be repaired, and when lb repaired, that they have the fame worked at leait once in ft ery mouth, under the penalty of forty ihillings Jor every month which they (hail neglect to have the teme done, to be recovered by anyperibji who /hall Cue for the fame in a- .Bj court of record having cognizance thereof. . V. & VI. Repealed by 1790, .16, 24. VII. And be it further tnacled, by the authority af'yfidJ, that the commifnonc": of the fiid town and their fucceflbrs in rfh\-e (hail, and they are hereby declared to be a body politic and corporate, by the name and defignatioa oi the somraiiuiofiers of the to#n of Wilmington, and that they inay'fue and beiued, implead and be impleaded as fuch, and lhall have piver am) authority to make orders not inconiiltcn: withthe conilitution, for carrying this and the before- mentioned act into execution, and to appoint a trealtirer, cierk, furvcyor, firfc-mafters, and (uch o.her officers as fhall appear to them necefiary for the good go. eminent of ihe laid town, aicerta ning the ialaries, lees and perquifnes of inch o(n:ers. VI II. And be it further enacled, by the authority aforefAd, trrnt the faid rommiff.or.ers are hereby particularly re- quired and directed to afcertain thedircanee to which wharves may he exiemied in the river fo as 10 prevent anv in- . 23. ■ XL And whereas there are not at prefent any afting commiflioners in the faid town, be it therefore enaeled, by the authority qforefaid, that the (heriffot New-Hanover county fliall immediately after the firfl d 7 of July next, warn all the male inhabitants of the faid town to meet at fome convenient place therein, on the third Monday in the (aid month to choote commiffioners for the remainder of the prefent year ; and the (aid Iherift (hall on the (aid third Monday in July hold the election for commiffioners of the (aid town by ballot, and in the fame manner as for a member of the General Affembly ; and all the inhabitants of the town who lhall on the faid day be qualified to vote for a member to reprefent the faid town in the General Affembly, fliall be entitled to vote for commiliioners. XII. And in older that a fucceffion of commiffioners maybe kept up, belt enabled, by the authority aftr ef "aid, that the commiffioners for the time being fliall on the twentieth day of December next, and fo on the twentieth day in De- cember in every year afterwards, caute the town clerk to warn the inhabitants of the faid town to attend at thecourt- houle, or other co.iver.ie.it place thereon, on the firfl: Monday in January following, to deft live comraifficners for the then current year; and the election lhall be held by the town clerk in pretence of the old commiffioners in manner as before directed ; and the power ot the old commiliioners (hall not ceal'e until a fufficient number of the new chofen commiffioners mail accept the appointment and be qualified according to law ; and in cafe of death, refufal to act, or removal of any of the laid commiliioners,. another or others lhall be elected in like manner in his op their itead, eight days previous notice being) firfl given of the time and place of the intended elecYon. > XI II. And be it further enabled, by the autheriy aforefaid, that in all acts of the laid commiflioners a majority of them lhall conltitute a quorum ior the parpofes intended by this aft ; and that the commiffioners to be chofen trom time to time by vir-ue hereof, lhall have all the powers, authorities, and pre-eminences with thole to be ch'olen in the firtt in- ftance ; and the commifiiouers to be cho'en in the month of July next fliall impede the tax on the inhabitants of the faid town tor the prefent year, that the fame may be collected and applied without loft of time for the benefit thereof. Cm a p. L. An adl to-regulate the town of Hillib.orough and to repeal all laws now in force which come within the purvieia hereof. I. VTyEEFlEAS the laws now in force for the regulation of the town of Hillftorougb are found inadequate to the V V purpoles, for which they were intended. II. Be it therefore enacled, by the General Affembly of the State of North-Carolina, and it is hereby (nailed by the air. thorityofthefame, that. William Hooper, Janes Hogg, John Taylor, Archibald ly tie, John Eftes, William Courtney, James U'itliams, and John Nichtlsbe, and they are hereby appointed commiflioners lor the town cf Hillfhohaugh, and lhall have full power and authority to aft and do every thing thatany former ccromiiiioners forfaid town lawfully migfit do or have done, and lhall keep the ltreets in good repair and order, and fliall have power and authority to appoint anoverfeer or overleers of the ltreets, and ffiall have full power to Caramons the inhabitants of the kid town to' work upon the ftreers ; and in cafe of the failure or refulal of any inhabitants fo fummoned to work upon the ltreets, or to procure a fufficient lubftitute to perform fuch work, fuch inhabitants fo failing fliall forfeit and pay ten .'hillings for each and every day's negleft or refufal, to be recovered in a luminary way by complaint made to one or more of the ■aforefaid commiffiuners, luch. has Qr forfeiture to be paid into the hands of the chairman of the (aid commiliioners, to L 2 >34 k applied 'o tri« tt!e of xhi toWMin foch tr.annW as the eoiBtaiflioners mall dircft : PfJ»;i the faid cnmml'Hcirter.s, and applied to.vards tut decently inclbfirig the fnd buna] yard, the lurphiE Bhereof, tl any there be, to hi applied to :he ule oi the inhabitants ot ths town, for the furt] ioa and improvement thereof. Vill. ."';ui be it jurther enaelid, by the authority tifore/uid, that alll3\vBsr\l claufes of laws -coming within -thfi pur- i>ie\\ iicreoi'are hfreby declared to us void. Chap. LI. An ad to amend an a3, intilled, r.n act for purchafng a lot or lots "n the tosvn of W"tlmitii>l9n } for the pur- pole ot building a jail tor the d.ftnttoi Wilrmrigtm-aaA other purpoiies, and i\»- repairing the court- lioufe ol die fait.' diftricl. p. iii. J. T 7f /WEKEaS the trufTee<; named in rn aft, intituled, enc.3f.-r pur. l.-efiqg a lot trloti in the town ofV/iiminjrton, \v j'crtbe f:.rpofefj b:/^-^'-.^ a j^i! Jor lie di/.r/H bf W i\\]L.iinon, a u! aht> pirlo/es. jailed at Hiilfbot uugh ia Nay one thoulanei lev en hundred and eighty three, havs net yet been able to porchafe a coi.veniein lot ol ground on v. hii h to erect a prilbn for the laid diflrict, II. Be it thir./cre enacted, ty> the GentrM:Aifi«i)if- bf the State o/^Ntirtli Carolina, aid it is hereby enaBcd, by the tiuthoritybf thefome, ihat the laid trultees lhall not pur chafe let; than hai* an acre of ground for the purpole aforefaid, tr at there may be fxfScient room lor a yard tor the ule fi the y\ i fewer s and a garden tor the jotler, and ground on vlnth to '.red a v, oi k-houle at a future day ; and that fuch lot or \o.t- bcpurchaied in inch par; tf the laid town v ! •- 1 e i; m iy be coc\ enient io v fir the faid pi ifotj, but at the (ajne tune I'o re:i;ovtd from the principal part thereof as ti.. cidgivi - ' h'gh-Pi ce? which lots generally bear therein. III. Ai - 'lied lirct CQurt-hciufe in the 'aid to-* n war. during the War firipped of" the flooring and the win- I vheJanu' isctherwjlegrftatty injuied j ancl trhtrf'a permanent. priion can be conttructed it beet fail, not only for the pjipo'es .-. common offenders and debtor , bi-'- for.^rt ffrainmg- riotous feamen a::ti (laves ; ana tin ; axes h'ereifof 6 eim.pq(ed not being lufiicu n toanfver all licit md the purpolcs-incer.ilid by this and thebei'oi'ehcittfd acl, be it there fui e .nacld, by the author it) , :-. U r the piclrnt \ eai ol cue liiilimg a»nd fotifpeilie pei pol , aiitl Io in proportion . . . n the county '"of New Hurnvbr, and atax oi' J&s' jtuce ^er po.l, andfoin proponipn forhfinsuriorU.he inhabitants in Jtbe counties of Onflow, Duplin, Bladen, Qrunputhk, F.-:yettt> t S*mpfon,%\< oceed nrkhout de i to the repair of the court-houte in the laid town, fo aa to render the I he pnbl c buunef as fpeedi.'y as poffibJe. .... Chap. LIIT. /ht aSfJ/br- appointing conptoifjtoitersi far Jelling the grattanies {nthe counties of Franklin apd Warren, end •for rep ttituled, An. act ifor appointing comraillknrs for felling the lot number forty four in Wgr~ r-'.tin, whereon the public sr-.r.ary now uai.ds, and tor other purpoles, and for aiteung the times of holding courts in the county of C (well. HE HE *S the conhtma ion of peace with the United States, of America and Great-Bntuin ha3 rendered the s° V* fore (aid granaries ulelefs. II. B i! t'l.erij'ire enacted, b\ !'.<• (n^rr.u AJ. .*. :/■/'" .r-j t're Sti.tc 0/ North- Carolina, end it is hcrtbv ena&edhy the etu- i's- '■-_: 5/ the Come, rhat James Lit ,'.1 . W?H ,:»> Hill and Pate/w, 11 \}ilier, oramajotitv of them, be and they are hereby appointed comrr.iffionersfor felhnr; the granary in thecoun:y of Franklin; and that Jnh n Macon, Bcrhi-i'a ine, Efqulres, or a maj. rity of them, be and they are hereby appointed cemmiffionsrj for the g;anary in the c< unty oiU'arren. \ '. 1 . At d be it tw th r tnacled, in 1 th authority afore/hid, that the aboye faid granaries fhall be fold by their refocs- tive conimiffioners fcparateir to the hi.- 1 eft odder, the purchaftrs giving bond and fecuritv- to faid commiffioners, payable twelve m nths after the d^y or fate, with interelt from the date, and the money arifing from fuch file to be ■eeduitted tor by th? faid cbmmiffioners, and applied as other coun y monies- IV. Andbeii'fitf ■'. I the at otUy-Ofartfata, that all and t very part of an a£t, intituled-, an arl far feU 1 t hf number ferty fiur in Warr^nton, whereon the public granary nw)JtAndj } end btberpurpojes, be, and tits fame is hereby repealed and made utterly vo.d. The Lift Hetf ion Cb/oLte. Chap. LIV. hnafl to author i/e.andirt>pewer Ifasc Gregory, Elquire, fortKcrlv J7 eriJfefPsi'quorark, Wm Pafquetank sjnai ambden counties, to colleii the arrears of taxes? due him from the inhabitants of: I aid counties, for ihe fears she tkoufandfeven hundred 'end (ixty'tttye, eretioi-./ttudfcven hundred indfeveMy, one fboii/afidfeven hundred and (evetiiy- r--, one thoufani fiven lun,ind And ftvt-r>;y- t-vo. and 0*? thoifttTtdfeven hundred arutvorc the tim; appointed by fgch •.!.-■ *;c: - >h . 1! not be HaMs to pay an}' cad or charges ; snJ if any prrfbn or per- ionsihid Ul ;opiy m.o ;n\'jrs o t iwes agj eea ).c ro this ad, ir /hall and may be lawful for the (aid Arthur Brown, pp fuch pe 1T011 as h.j.lh'..l y.i -horile and i::i : io.vcr, to meke drftcefs for the lam?, in the fame nn,iieras v.as at tne time the j id ta\.s bjco.n^ due, ny law appointed for ihcnds to distrain hi other c.ifes of the like nature. Chap. LVII. Ail adijo iTtfcwer Edward Window to receive ftor dee of tobacco YrifPfRed and dtppfited "in the warehou/e hy him built at Fayette ville, by ptrmiffiok iff he court of Cumberland. I. J~yY, it e neGUd,i/y the Ge'njfql Afemll. pfjbt ft ::t -/\\orta-C-iro;>r,.\ aiidfit is "hereby enaeled fry the authority of JO the /am', that Jt,,maJl and may be lawhil for EJviai rd lilriflh -. I is heirs and alliens, ior the term of fitteen years from the pa.'ii ;;;o f this ad, to take and recei.-c 3 (toraj'.c en tobac.o iiifpe'&ecf and dc-puihed in the faid ware- houfe, at the foilo.vi-g r.ur ■;, that js .to (ay : foar ihiili;? 5 -.'-or .;-;: ch hpglhead of tobacco inTpeclx'd iu the faid ware- houfe, Provl.it!, it does no: Say in the (aid ware-hpufe tnyre than twelve rrionthr, ;.i:d one fliiJling/'er moiifh fcr each hogihe?/! that II' 1'! continue in the (aid v. areboulc ever a*nd above twelve months, to be paid by theperfon taking out or removing fuch tonaccp from the- ware hoale : And provided, the laid Winfloyi does and lliall keep the (aid ware- houie in good and lutuc.r.i: repair for the mTpe'c'tion a::d ilorage of tobacco. . Chap. L VIII. An acl fc- the relief offir.dry petitioners inhebitaiifs of Davidlbn county whrfe names, are therein mention-- Jli Gib/In, Francis A'mftrong, John Kennedy, junior* Mark Robert [m, WMemEllir, JdmesTlrompfon, Jemies Shaii) James Ffan&in, Henry Hr.u 'fb.ijt, Pierce Caftilh, Morris Sheatt, William Ldgan, David Flood, John li'kite, Peter Leoney, William C 'dims, Jonas Maniffee, Daniel tVittiatns, Jihn Evans, Andrew Thompfov, Gafper Martfeo, George Freeland, Daniel JohiJion, Edwird Sw infra, Andrew Kelhw, Francis Hodge, Jchn Mulkefini, Ja7v.es FretKnd, Join Tucker, James FoHer, Amis Heatvt, Dennis Ccr.Jry, Frederick Stirvp, Ru'fel Cover, Andrew Erfin, Thomas Ret:-, I. fa'acLnidfey, MoJes, ' Winters, James Harris, John Brown, Leivis Crane, Join Mo-itgcnze-y, Stephen Ray, Daniel H r gar, Thr-iM Spencer, Humphrey Hogan, Haydon IVclis, Henry Ramfev, John Barrow, johnThr.nas, IViliiari Stewart, SaU mueliVaKcr, David Rounfev'a 11, Arthur M' A 'Joe,- James AfAdoe, Hcn'-y Turney, Samuel Barton, John Dt.nlan, E. phrai'-a Prat:, IVilham Over all, and James Robertfon, and the heirs or cevHees Ol Zachariah Jy'hitc, Alexander Buchan- an, James Leper, J -r.es Harrod, Alexander Thom/i/n, David Maxwell, Robert Lucas, Timothy Tirrel, William Hood, Ed -j.r.l Carvin, William Necley', James Shanklin, Samuel Morrow, George Kennedy, John Robert Con, Abel Gowen "fe« nior, A j el Gowen, junior, Nicholas Trammel!, Philip Maf or, James Tur pin, Najian Turpi? Jacob Stump, Nicholas a- •id Gervin, JeJJe Bialjfon, J d'eph Renfrew, Philip Conrod, William Cuafwey, John Bernard, John Lunuden, John Gilltev, )g a grant fix hundred and forty aci es of land,, without being obliged to pay any price for. the fame : Provided, that every per- foB receiving fuch grant (hall pay the furveyors and other fees of office. II. And be it further enatted, by the authority aforefald, that Chriftopher Gait, fenior, Chriiiopher Gais, junior, Jonathan G lis, Kafper Bocher, Richard Breeze, P bines Cocke, Mark Nobles, John Kittr, Ifaac May field, Samuel Hollis, JJaac RounFevall, Eneas Thomas, Jofhua Thomas, Caleb Winters, John Buchanan, fenior, John Kennedy, junior, John Cafiello, Robert Thomfon, and Sampfbn Williams, (hall each and every one of 1 hem be entitled to enter with the entry, taker olDavidjon county fix hundred and forty acres of land, without bejnjj; obliged to pay any price (or the fame, ex- cept fti.-veyors and other fees of office, which they and each of them may locate on any vacant'land in the (aid coun- ty, the lands laid out for the officers and foidiers excepted ; and the Governor is hereby authorifed and required to nuke fuch granc ;n the fame manner to each and every of the before named perfons as if they had paid the full price o( ten pounds per hundred acres. (I 1 . And lels difpute may arife by two or more pre-emption rights being located on the entry taker's books of Da- vidfon county to the fame place, Be it further enaeled, by the authority aforcfaid, that in fuch cafe the perfon in whofe name fuch entry be firft made (hall have the preference, and a grant (hall pals to him for the fame ; and the perfon or perfon? in whofe name any other entry or entries (hall be made and located to the fame place may, and it (hall be law« (ulfor them to locate the fame on any other vacant land ; any law, ufage, or cuftom to toe contrary notwithstanding, i3 8 Chap. LIX.. An off t» alter the place bf holding the c»unty ceurt in Pajquotank tbunly //■«»» Winfield U the town bf Nix. ontsn in the/aid county, and toereel a new court-houfe, prifon, pillory and f/ocks, in the f aid county. I. V T 7HEREAS it is found that thefuuation of the court houfe in Pafquotank county is inconvenient to the greatefc VV part of the inhabitant, which together with the ruinous ■ condition cf the prifon, and the want of proper ac- commodations for perlons obliged to attend «n court and other pubic bufinefs at the place where the court-houle now Hands, renders it neceflary to alter the place of holding the courts to the town of Nixonlon, II. Beit therefore cuafled by the General Affeinfily of the ff ale c/North-CarDlina, and it is hereby em 3ed by the cu>ht>. r'ity of the fame, that Abi rt or carry any perlo.i or perlons, their hone;, carriages' or effects, over the faid, ierry, Inch per Ion or perlons lo offending flwfl tor every offence forfeit and p iv the fifth of t vre.ty (hill'mps, 10 he recovered by a warrant before any Juitice of the Peace, to be paid one-hall to the informer, the other half to the faid . Enoch So :•.'_)> >•, his heirs or affigns. IV. And be it fttrlh.r ettafl d, by the authority aforefa'd, thlt C$J« faid Eriich Sawy ■ r, his ex&iutrJFS, so" nim.frators, and aliigns, Hull provide good i«? faid road and bridges in diffident and conftant repair ; and in cafe the faid Benjamin S?nith his heirs, executors adjniniltrators, or aliigns (hall fail or neglectfo to du, he or they (hall be liable to the lame pains and penalties for fuch failure or neglect as the overfeers of any public road are liable to by virtue, of any aft or acts of allembiy of this ihte. VI. And be it further enacted ly ihe authority af.rtfaid. that if any perfon or perfons fhall for fee or reward, con- trary to the intent and meaning of ihis act, tranlport or carry any perfon or perlcns, their horles, carriages or effect s, over either of the branches of Cape Fear river, in order to his or their pairing through or over the faid ifland, fuch perfon or j erfons fo offending (hall fcr each and every offence forfeitand pay the fnm of five pounds, to be recovered iy a warrant from any Juitice of the Peace, one half to the informer, and the other half to the faid Bsnjamtn Smithy his heir?, executors, adminiflrators, or alliens. VII. And h*--'J" TUltr '""eiea, ty the authority aforefiS, that the faid Benjamin Smith, his heirs, executors, admi- .i.iirafnrs or affigns, (hall provide good and fufficient boats and other proper crafts for tranfporting all travellers, the* Hortes, carnages and effects : and for ever hereafter fhall keep the fame in fufficient and conftant repair, and well and p' sgtrif attended, under the Bine paih< -• ! n-palries for fach failure or neglect as the keepers of any public ferries are liable to by virtue cl any aft or a&s of Affembty of this fhte, one half to the p?rfon fu'ing for the fame, and the other half Rrfie ip ilie.l towards leaning the county tax, to he recovered in any lourt of record within the counties of Brunliuick or Heib-Hamver , wherein the i'.i:ne is cognizable. ± i. JaUi.-it f'wf^r'n.n^, i,j the tiiuhority afo-eftid ', that al! and every ether act and ndls heretofore made* or f a m 4ch thereof as comes within the purview of this act and arc contrary thereto be, and are hereby repealed, made v;j«i and of none efteih. CHIP. LXI.X AiiI to eitakle MiryDowd to Cue for and recover to her own ufe a 'id- the ufe of her children by her huf. hand Conner Dosvd, all debts due ana owing ta the flxid Conner, and all other th.njs in aftion which the /aid Conner Do>vd might Jaw [fully fuej::' aid recover acre he a citizen ef this //ate, and entitled to the bin ft o\ its laws- I. -V jil HEREAS Coxier Dow I, the hulband t»f Mary David, hath attached himfelf in the ca ufe dfihehte war'* \Y the Brftifc forces, whereby his property '-became Forfeited to this (late,- but the courrof the county of Chat. ham in which county the laid property chiefly lay was returned to and allotted for the m.iint linance of the laid Alary and her and hs ciiildren, together with all debts and other things iije and owihg to I be fa id. Conner previous to the laid forfeiture, but the faid Alary, inasmuch as- htr htuhand is in mil- life,- is diiqu ililied to maintain fuits for the' reco- very thereof ; 11. Be it therefore enacTcd, by the General A/Jembly of the fide c/Morth-Cifolina, arrd it is hereby inccTed, by the an. thvity of the fame, thatthd 1 ' diftributt»ns and allotment of the property above-mentioned by the county court or Chat* hum to and for the ufe of the laid Mary and her children as above-mentioned (lull be, and the lame is hereby confirm- ed and eftabliih :d, and mall remain valid and indefeafiblc in law ; and the laid Mary (hall be, and (he is hereby ena- bled in her own name, and to and ior her own ufe and the ufe of thf children jrfbrefaid, to fue for and recover all debts and other things in action whatfoevar which to the faid Co-vt?r belonged or which he was intitlcd to cr mVht have brought action for and have recovered previous-to thole acts of rebellion, or nonconformiiy to the laws of the ftate which were the caufes ofthe laid forfeiture 5 and the coverture of the laid Mary fl^W not 'be pleaded or plead- able to any action commenced by her for or on account of any of the debrs or things aforelaid, favi.ig and'rel'eTTir.sy neverdiclefs to all and every perfou and perfons whatloevcr all and every acti. n and right ofaftion ti nich they would ha/e had refpeclively, hid the faid efiate ftill remained in poffeffian of the Lid Conner Low .:, in ihe |j,re marnr a3 if this aft hid never been made : And it is hereby declared andeiaSIed, that any fu'ch action may be commenced by o- riginal attachment againft the faid Cornier Dow/, in which the Lid Mary may be brought into court ss a garnifhee oragamft her the Lid Mary in the fird znftaiice ; any law or ufage to the contrary notwuhftand.ng. * Chap. LXX. An ail for enfranchifmg Ned Griffin lite the property of William Kitchen. ■ l ' \ft/ HEIlEAS Ned Griffin, late the property of milium Kitchen of F.drecomb coumy. was promifed the fu'l en- V V joyments of his liberty, on condition that he the laid Ned Griffin mould faithfully lerve as a foMier in the continental line of this Itate for and during the term of twelve months ; and whereas the faid Ned Griffin did faithfully on his part perform the condition, and J whereas it is juft and realisable that the Lid Ned Griffin fiiould receive tLe re- ward promifed for the fervices which he performed • II. Be it therefore tnaBed\ by the General Afembly cfthe State of Morth-Carolina,- and it is hereby enaclcd, by the au. thoriy of the fame, that the Lid Ned Griffin, late the property of William Kitchen, fhall forever hereafter be "in every relpect declared to be a freeman ; and he fh ill be, and he is hereby enfranchifed and for ever delivered and discharg- ed Iron the. yoke offlivery ; any la*, uLge or cuiloni to the contrary thereof 111 any wife notwithstanding. Chap; LXXL, AwaFl to vefi in Nathaniel Allen and 'others certain lands therein mentioned. l ' \\7" fiEREiVS Nathaniel Allen, Allen Jones, Nathaniel Jones, William Richard/on Dmvie, Samuel Die kin/on Jame VV Well Greene, and James ArJerfon, have lequefted proper, public encouragement to drain th„ lake of Scvfi ferhng in the county of Tyrrel • ' . 7 granted to them, their heirs and affigiw for ever, to hold to them, their heirs and afliiii* 'refpeffirilyT'as fenai com non, and not as jom tenants. III. An ! be it further enaBed, by the authority afore/aid, that the lands by them i* acquired in the lake of Supper- long aforeiaid, fhdl be exempt from the p iy ment of taxes forthe term of Lven year* aj*»ve mentioned, favin E howe* veraud rclervm^ to all manaer of per.ons all legal claims whatfoever. . N % 2 i4* Chap. LXXII. An ct~l 'to amend an ail p 'ijjed inthcyear tn •thufand /even hmdred end ngkty three, zntitkd, sn aft to veil certain lards in fee iimple in Richard Hinder fon and others, p. 116. I. tT 7HEREAS for reafons made known to and adtuiued by the General Affrmbly, the furvey of the faid land* V V could not be compleated within the time prescribed by thefaid act ; H. Be it therefore enacl?d by the General //(fembly of the State 0} North-Carolina, and it is hereby enifted, by the au- thority (5/ the feme, that the faid Richard Benderfon and company mall have full power, right and authority to com- pleat the faid furvey according to the feid aft of Affembly ; and it compleated within the fpace of twelve months from the ratification of this aft, mall be as full and effectual to all intents and purpofes as if compleated within the time prescribed by the laid adti Chap. LXXIII. An acl to alter the name of Frederick Totevine to Frederick Lane. I. "T T TKEREAS Frcdet ick the ion of Mary Totevine, late of Craven county, hath from the lime of His nativity been v V called and known by the name of Frederick Totevine, and for fpecial reafons the faid Frederick hath petitioned this AfTembly and earnestly prayed that his name might be altered by a law from Totevine to Lane ; and the reafons fet forth in thefaid petition being judged Sufficient, II. Beit therefore enacled, by. the General AJfcmbly of the State o/North-Carolina, audit is hereby enacled, by the au- thority of the fame, that from and after the palling of this acl-the name of Frecerick Tiirvine ff all be altered to the name Frederick Lane, and fliall thenceforth be called and known by the name of Frederick Lane, and that by the faid name of Frederick Lane he fliall and may fue and be Sued, plead and be impleaded in any courr of law or equity, and obtain, and poflels lands and all other fpecies of property by will, -o'eviie, donation, grant, purchafe, or other wife ; and he may by the fame name of Frederick Lane, fell and difpofe of lands and other property already or hereafter to be acqui. red, and finally in all things the laid Frederick ihall be able and capable in law and equity of legociating and traniact. ng all manner of bufinels by the name of Frederick Lane, in as full and ample a manner as if he had been called and kiio\nby no other name from the time of his nativity ; any law, ufage or cufton to the contrary notwithftanoing. Chap. LXX1V. An atf for altering the names of Jofhua Taylor, -Mofes Taylor, Aaron Taylor, Mark Taylor, and William Taylor, to that of Jofhua Sugg, Moles Sugg, Aaron Sugg, Mark Sugg, and William Sugg. I, *ttH£R EAS it is the eatneU requeft of Mofes Sugg, the natural father of the laid Jijhua, Mojes, Aaron, Mark VV and William, that they fliould aflame his lirname, II. Be it therefore enacled, by the General Affembly of the State of North-Carolina, and it is fereby enatled, by the authority cf the fame, that from and after the ratification of this acf the names ol the faid Jojln-.a Taylor, Mojes Taylor, Aaron Taylor, Mark Taylor, and William-Taylor, (hall be altered to the names of Joft.ua Sugg, Mojes Sugg, Aaron Sugg, Mark Si'gg, and William Sugg ; and they fliall henceforth be called and known by the name of Jofljua Sugg, Mojes Suee, Aaron Sugg, Mark Sugg, and W'illiam, Sugg ; and that all and every deviie, bequcft, legacy, grant, deed, bill promiliory note, or other* writing or aflumpfyyi, of or from ar.y, perion or perfons whatloever, heretofore made oranted, or done to the faid Jofhui, Mojes, Aaron, Mark, and William, by the names oi Jofl.ua Sugg, Mofes, Sigg, 'Aaron Sugg, Mark Sung, and William Sugg, ihall be good and valid in law to all intents arc! purpcies; and that by the natres of J'fluaSugg, Mofes Sugg, Aaron Sugg, Mark Sugg, aid William Sugg, they fliall be, and hereby are jointly and feverally and refpeiftively enxbled to take, receive, h,ave, poffefs and enjoy any and every devife, bequeft legacy, efrate, iight 5 title, intereff and property of, in and to any lands, tenements, hereditaments, goods, monies, profits, fum or funis of money, credits cr chattels whatever, which ihall or may be given, granted, sfligned, con- veyed, or made payable to him or them by thefaid names of Jrjhua Sugi, Mofes Sugg, Aaron Sugg, Mark Sugg, and W'nliam Sing, in and by virtue of any laft will or telrament, deed, bill of fale, conveyance, bond, obligation, bill, promiliory note, or ether writing or affumption of, or from any perion or perfons wliatfcever ; and that by the names of Jofhuz Sugg, Mofes Sugg, Aaron Sugg, Mark Sugg, and* William Sugg, he or they fhall aid may lue, and be fued and impleaded in any action or fuit, as welkin law as inequity or otherwife, and may therein plead, anfwer and de- fend, in full and ample manner, to all intents and purpofes ; and that by the fiid name of Jojhua Sugg, Mofes Sugg, Aaron Sugg, Mark Sugg, and William. Sugg, hs or they fliall and may from the ratification of this acf in all things whatever, be fubject to the fame reflrictions, and entitled to the fame privileges, benefits and emoluments, as if he or they had from the lime of his or their nativity hnherto been lawfully called and known by the faid names of J'fljita Sugg, Mofes Sugg, Aaron Sugg, Mark Sugg, and IV i Ilium Sugg. IX Year of Independence. The 22d of October, 1784. Firfc Seffion. Chap. XXJX. An aft for the encouragement of learning in tledif.ricl of Sahibury. •I. \T7HEREAS itappears to this General Ailembiv by the petition cf the truftees of an academy at Charlotte'm Mec- V V lenburg county, lately known by the name Liber ty-Hall, that from various reafons the fame is in an entire ftate 143 •of decay, and that it would bs more e'ig'ble to have an academy for the education oF ycmh at or rtt&r taS/bury. ] n the county of Rowan ; and whereas the General Aflembly are at all times ddpofed togive every proper encouiagement tor the promotion of learning;, virtue and religion ; II. Beit therefore enacled by the General AJfctnbly of the flat e of North-Carolina, tmA.it is enacled by the an. thcrity of the fame, that his excellency Governor Alartia, the Hon. Samuel Spencer, Abraham Alexander, 'John liPrVmH AlexarJar, AdlaiOfhom, Samuel ?tV Cockle , James Hell, David Caldwell, Sprwe M'Ory, Anthony Nevtndn, WilliamH. Harrington, Mathew Locke, Thomas Pclk, William Sharpe, Aaam Alexander. Peter Randolph, jefeph Williams, Benja- min Hemdon, George Henry Burger, Jojeph WinJIon, John Brown, William Hill, Caleb Pfifer, Jojeph Drckfon, JobnlVaU her, Chai les M'Dowall;Tho nas Frohock, Valentine Beard, John Lewis Beard, Sam. Shutes, John Steel, Maxwell Chambers and Mtihew Troy, (hail be and tney are hereby declared to be a body poli.ic and corpoiate, to be known and oi(tin»uifh-d by the title of ' The trultees of S;.ltfbury academy,' late known by the name of Liberty Hall ; and by tiie name of the truftees of Salifcury acade ny fball have perpetual fucccflion and a common leal ; and that thefaid trultees and ihtir lucceffbrs by the name aforefaid, or any nine or more of them, (hall be able and capable in law to take, demand, re- ceive and poflefs all monies, goods and chattels, that fhall be given them for the ule of the laid academy, and the fame apply according to the will of the donors ; and by gift, purchafe or deviie, to take, have, receive, poflefs en. joy and retain, to them and their fucceflbrs for ever, any lands, rents, tenements or hereditaments, ot what kind, nature or quality foever the fame may be, in fpecial truft and confidence that the fame or the profits thereof, fhall be applied to and for the ufes and purpofes oteltablifhing and endowing the laid Sa'ifbury academy in the county of Rowan, building or purchsling luitable and convenient houfes for the fame., providing a philofcphical apparatus and public library and fupporting and paying falsries to 'ire president and fuch number ofprofellors and tutor 1 : thereof as fhall be necefiary to inftruct the fludents, and fuch as they Hull be able to pay out of the funds that fhall be in their hands. III. And be it further enacled, by the authority aforefaid, that the faid truftees and their fucceflbrs, or any nine or more of -them by the name aforefaid, fhall be able and capable in law to bargain, lell, grant, demile, alienor difpere of, and convey and allure to the purchafers, any fuch lands, rents, tenements or hereditaments aforefaid, when the condition of the grant to them, or the will of the devilor dcth not forbid the fame : and further that the laid truftees and their fucceflbrs for ever, or any nine or more of them fhall be able and capable in law by the name sforefaid to fue and implead, belued and impleaded, anfaer and be anfwered in all courts of record whatfoever. IV. And be it further enabled, by the authority aforefaid, that the faid truftees or any feventeen cr more of them be and they are hereby impowered and authorifed to convene at Salifhury on the twenty fecond day of March next after patting this act, and then and there agree and determine on the place where it may appear to them or a majority of them then prefent muft convenient and proper to purchafe or erect buildings for the liid feminary ; and alfo then arid there elect and confttute by commillion in writing under their or a majority of their hands, and feakd w ith the com- mon leal of the corporation, a proper perlon to prellde at the faid academy, wlio fhall be a truftee during his continu- ance in office ; and l'ujh prefident being fo elected and connnifTioned, and the truftees or their fucceflors, or any nine -or rr.ore ot them, at all other times thereafter, when convened and met together within the faid ccunty cf Rowan fhall have full power and lawful authority to elect and conftitute one or or more profeflors or tutors, a fecret'ry a treafurer and fteward ; and alio to m.ikc and ordain fuch laws, rules and regulations, not repugnant to the law s of this ftate, for the well ordering and governing the ftudents, their morals, ftudies and academical txercifes, as to them fhall feem meet ; and togive certificates to fuch ftudents as fhall leave the faid academy, certifying their hterarv me- rit and theprogrefs they fhall have made in ulefui knowledge; in general they fhall or may do all fuch things as are ufually done by bodies corporate and politic, or fuch as may be necefiary for the promotion of learning and virtue • and alfo that the faid truftees, or any nine or more of them are hereby impowered, and fhall have lawful authority to remove or difplace the profeflors or tutors, the fecretary, treafurer and fteward, ot any of them, if they fnould find it necefiary ; and further, that on the death, refignation or refu'al 10 act, or either the profeflors or tutors, the fe- cretary, treafurer or fteward, others fhall be elected in the room and ftcad of thofe dead, reftgned or refufmg to act. V. And b: it further enacled, by the authority a/sre/aid, that the treafurer of the faid board of truftees fhall enter in- to bond with lafEcient fecurity to the truftees aforefaid in the lum of one thouland pounds, conditioned for the faith- ful difcharjie of his office and the truft repofed in him, and that all monies and chattels belonging to the faid corpora* tion that (hall be in his hands at the expiration of his office, fhall then be immediately paid and delivered into tbc hands of ttte lucceeding treafurer ; and every treafurer fhall receive all monies, donations, gifts, bequcfts and chari- ties whatfoever; that may be'ong, or accrue to the faid academy during his office, and at the expiration thereof fhall account with the truftees for the lame, and the fame pay and deliver over to the fucceeciing trealurer ; and on his ne- glect or refufa! to pay and deliver as aforefaid the fame methad of recovering may be had againft him as is or may be provided for the recovery of monies from fheriffs or other perfons chargeable with public monies. VI. And be it further enacled, by the authority afortfaid, that on the death of any truftee, or in cale any fruftee fhculd refign or negleit to ferve during the fpace of two years after his or their appointment, then laid truftees or any nine or mere ot them (hall elect fome fit perlon crperlbns in the rocm of him cr them e'esd, refignitij or fo neglecting to jet, VII. And be it further enacled, by the authority ajorejaid, that nothing conlantd in this act fhall be c.i.fictrcd as tending to prevent the truftees from diftinguifhing their public hall, or their library by the names of inch [ erlors as may within two years give the molt liberal donations to the laid kminury. . frtziae^ that this kmiaaiy flu!) pot bt Wf 1-44- ikued to be an/ one of thofe mention ed iu and intended by the conftitution. Chap. XXX. ^» aP.fr levying a tax in the counties in Hillfb (rough oWS^ifbury diflriBs for the repairs of the dftri.1 buildings in the towns of hiliiborough unJS ililbary, an I direfl ng the method of calling to acccount all comnii'Jimers of public buildings heretofore ir hereajttr f> be appointed. I. II. 11L it. V. VI. VJI. VIII. .6 IX. Obfolete. X. A ^ ^ whereas great abufes have arifen from the neglect of the feveral' commiilbners hretofore appomted jT_ within this (t.icc, for the repairing as well of the dtftrict as of the county courc honl'es,' and other public buildings ; Be it amcl-dby the G-.n-ral Affembly of the h/ete of North Carolina, cni it is hereby enact.'d by the authority of thsja ne, that the Juttites ot the leveral counry court, within ibis fhite be, and they are hereby i.npowcred, authori- al: it and reqiired, whenever they thing necelliry, to call on all and every perfon who is } has bienor fhall be a com- jni:iioner for building or repairing public buildings, whether for the diftrict or the. counties wherein they refide, to call for all monies by them received for any or either of ibe afore ad purpofes ; and on failure, neglect or refufal, of any coninuflloner when called on by the Juilices of any county ccprt, to lay before them an account of all monies by ihem received and the expenditures of the fame, it Hull and may be 'awful for the fa'rd Jaitices 10 enter up judgment ■againftlucb delinquent commiliioner or comrnillioners for fuch fum or funis of money as by the receipts of the county treafurer, fheriih or collectors, they may appear to have received, and execution for the fame may and fhall iflue fur the fame to the ufe of the county or dtitrift, as the cafe nviy be, with colls ; atiy law to the contrary notwithstanding. The Lijtfeclion Obfolete, Chap. XXXI. At additional aft toamend an ac7, intituled, anactforpurchafui"- a lot or lotsin the town cf Wilm'tigton for the purpofe ul building a gaol for the diftrift oi Wilmington, and other purpofes ; faffed at Hillfborough in the yew one thou/and fever, hundred and eighty three .• And an ail intitled, an aft toamend an act, tntitled, an adt for pur,.na!ing a lot or lo;s in the town ef Wilmington, for the purpofe of building a gaol for the diftrict ot Wilmington, and other purpofes, and for repairing the court -houfe of "faid diflricl ; faffed at Hiih'barough laft Affembly. p. 1 12 6 134. !• \T7HEREAS the trultees named in the act for purchafing a lot or lots in the town ot V/dmington, for the pur- V V pole ot building a gaol for the diftrict cf Wilmington, have failed to purchafe the faid lot or lots, and to col- lect the monies impofed by the fame aft, or to perform any part of the fervices required thereny, or by an aft to a- juend the (aid act, pafTed by the laft General Ailembly ; and whereas the molt of the laid truftees live at iuch a d:f- tance from eachotner that it is inconvenient for them to meet fo frequently as may be necefl'ary to cany into effect;; the purpofes intended by the faid acts II. Be it therefore enabled by the Genera! Affembrj of North-Carolina, and it is hereby enacted by the autho- rity of the fume, that James Qxkie, John Fergus, Jamei Read, John Hi/.Jke, Thomas M-Claine, Henry 'foomer, and Alexander Heftier, be and they are hereby nominated and appcinted truftees in addition to the perfons named in the firft mentioned ait to carry the faid act and the act to amend the fame, palled laft General Ailembly into effect ; ai;d the faid truftees or a majority of them arc invetted with all the powers and authority to carry the fame acts into exe- cution with which the truftees named in. the laid fir ft mentioned were invefted. . CHAP. XXXII. An ail to e/iabltff} the prinripalftreets of it ayettevi'Ie as laid down in a flan of the f did town by commiftlon- oners appointed bv an acl puffed- at Hillfborough, the eighteenth day of April, in the feventh year of the Independence of this ftate', intitled, an act for appointing the ieveral perfons therein named to lay out the ftreets in Upper Campble ■ ion'm Cumberland county, and for the future regulation of the f.iid town, and giving a further lime lor laving lots in the lower town, and for altering the name of Campbkton to Fayetteir'ule. />. 108. ■J. rT7HEREAS the perfons by the fiid act appointed have furveyed and laid off fix principal ftreets and twe VV fquares in the (aid town, as by a plaji thereof returned to the iaftfeflion of Ailembly and lodged in the fecre- tary'* office will more fully appear ; II. Be it (nailed, I y the General Affembly of the State of 'North- Carolina, and-Jt is hereby enaclcd, by the authority of ikeffame, that the faid principal ftreets and fquares fhall be confirmed and eftabhfhed agreeable to the faid plan, and hereby they are confirmed and eftablilhed. III. And be it further enacled. by the authority eftrefaid, that all power and authority by the faid recited aft given to the commifnoners that hath either no: been en.orced or hath been fufpended, fhall i'uecced to the director* cholen by the inhabitants of the laid town on the lirft day of January laft, and their liicceflors in office, together with the authority by the f.iid ait granted to the laid d'reftors as a body corporate. IV. And ke it further enacled, by the authority aforefaid, that any perfon or perlons convicted before the faid di- rectors of obftrufting the faid principal ftreets or fquares, by erecting new works on any part thereof contrary to the a. bays recited aft or permitting Oj'd works to remnn therein a longer time than limited by the commiffioriers in their report filed in the fecretary's office with the faid plan, or hereafter to be limited by the faid director* fhall by the «*j_..i:cnt of the laid directors remove the fame at his or their own expence; and for any conten pt ot the laid judg- mint every perfbrt *r perfors fo offending flu!! forfeit the funs of five pounds for every month Ii« or they fhall fuller fuch works or bir.'.din^s to remain after beaig uatfced .>y the directors to remove ths fame. /mccoin the tovjn o/~Hi!lft>orcuob. I, CT 7HEREASi_imy.be beaencul to the p. an ten of tobacco i.i u.e weftem parts of this ilate that an infpeftion oi VV that co nmodtty be eftabiilhid in the to.vu of HUtfbortMgh. . II. Beit therefor* enacled hy the General Af-mbly of the State 0/ North Carolina, and it is hereby enaSed by the tiu'ho- lulv of the fane, that, the county court of dtmnge 'hall annually appoint two difcreet and careful inen, well acquainted >vith the nature and qualities at tobacco to be infpectors thereof who mall take the fame oath, be fuhject to the. fame rule*, regulanoas and reii.i&ons, to which inibeftor. of tobacco are fubject by an aft ot the General AfTembly palled at. Halifax in the year one thoufand leven hu.idred and feven ty feven, .milled, an a.l to ame,id the Jiapl; of is- ■ bacco, and prevent fraud;. N. C. Li 2, 1777, **i 3.7- Iil. And be it further enaffd, fry tbeauiio'ij aft ejk ., that theinfpeclo'rs fo appom.ed fb ill nave and receive of the owners ot tooaccothe fu .1 of eich; (hillings for each and every hogiiiead, and the film of one fhiiling for each an Timothy Cleary (ochenrife dear) late oMne town ot Nr^bern deceaied, dejjarted this life on orr VV about tfle momhof September, in the ytsrof our Lord one thoufand feven liundred and teventy fire, with. e-nt iiTu^, riofTefled of a corifiderahle re il and i^rfon it elta-e, ttie real eltate defcending to his el Jell brother and heir at ]a/v Si'mn Cliary, and 'iiep rfonaleftaiie after deducti l^the diitrburive Ih ire of L he widow to the fiid Simon CLarv 3 , Patrick Cleary, Eflhir Bectti widow, other wile Cleary, Thoitas Connor aid MargareLhxs wife otherwile Cleary f and Ma'-y Cle*ry f tingie Aoman, brothers and filters of the faid Timothy ; ar.d whereas the fa d brothers and litters ot the d'eceafed, ivere i-.mabitants >if ttie kingdom ot Ireland and other parts without tt:e limits of the United States by reatoa ef '. bich the curatnillion'errof cbnfifcated cfiates for the county o f Craven-have ftized and fjld the greater! part of tha laid eftate which formerly, belonged 10 the ta:d Simon Cleary, Patrick Cleary y E/;h r Be, tie, Thomas Comior and Alar* g'-ifet his wife, an 1 M -ry Cleary ; the laid Si?mn t Patrick, EfFker?'- Margaret and Mary, r or any of them, not ao. pearing » tiie firfl General Afletnbly vihich was held alter the fir.lt day. of OeTober, one thoufand ieven hundred and Teventy eight, agresably to an aft commonly c2Hed the confiscation ac^, pjtfe i in D'-e^nber- one thouland feveu huo- iteA a id 'eventy feven: and whereas the fala Palttck Clear v hath applied to thfsprefent General Aficmbiy and offered teltimoniafs to induce a bchtf that he hathmade itveral attempts to come to this fhue curing the war, properly im* pawered by his brothers and utters ; the firtt of which attpnrcts appears to be on or about trie latter end of the year on; thouiand Ieven hundred and fevenry fix, but wateach and every time unfortunately t^keu by privateers : ntd wbcreaj the Genera! AfTembly have refiulted that the feveral claim mts cf the eftate of rbe faid Timothy are entitled to relet, and hdVe voted that they fhall recei.e out of the public trea r ur?, 'he amount of the fdes of the faid eftate, and it is necefl'ary that they fnould be further relieved by enabling them or fome of them 'o commence an afticn or actions, for the recovery of fuch part ot the eftate as hath not been lold, and the rents, ifTues and pi of.ts thereof, ar.d of luch thm^s in action, if a iv, a ; nav be in tbe han is of injiv duals. II Bf it therefore cnacJ-d, by the G nral Afemliy :f the C-tate o/'^crth Carolina, and'.'.is htrtby emailed, ly treeu* t'r,ri!v of the fame, that it ihd! and may be h.vtul tor the f.!:d Patrick CiiS'y to fue lor and ootain letters of adtniiiifi tratioh an the perfonal eftate of his decealel broher, uoad.ninitlered by fames Cccr, John tiorjiki and Dav d Barroir, and the f irvivors of them, and as adminttraicr to commence ; nu profecute fuch 'uit and 'f nits' as maybe nec«fl":iry- *od u tiio Qjuaeo^.tiieliud Him'M Clear/, other the heir or her* at uwol the l*id Ttir.itiy, to commuK? jed f;o;s^- U % 146 cute tc fina\ judgment anv fuit or fuits either in law or equity \vhnfS mny Vis- necettary for the recovery of any cf the real eftate wnich was ot laid Timothy Char, any law o tne contrary notwitbllanumg. Chaf. XX36V". An af} to amend i<;\ iM , intitled, An aft for eitabli filing a town in Jcnes county, p. ii"]. alfo one other ail, intitled, an act for dividing Ct aven county into two diftinft counties, and lor other pnrpofes therein rilen'ioned. J. \%7HhiftEAS by the laft recited aft tne conimiffioners appointed for erefting the puolic buildings ot Jones county * * did aoreeabie to faid aftpu. chafe five acres of land for the purposes afoieiaid, which laid five acres of land are more than found necefl'ary for the public build:ngs of faid county, and are in the molt valuable part in the town of Trenton; jN. C. L. 1, 1779. 18, 372- II. Be it therefore enailcu, by the General Affembly, and by the authority of the fame, thit the dirrc"tors or truftees appointed by the fir ft recited aft for eihbhlhing a town in Jones comity, and their. iuccelTors, lhall fbmd feized of a iridefealrble cftire in fee fi.nple of the faid five acres of land, and caufe the fame to be divided into half acre lots, num- bered and inferted in the plan ot faid town, and take fahfcrlptions for the lame ; and the faid direftors or & majority of them lhall execute deeds of conveyances under the fame rules, regulations and reftnftions, as is directed by the before-recited aft, and the money aiii'mg from fuch faieihall be applied towards funiJiing the public buildings of faid county. III. And he it further enac7ed, by the authority afore) 'aid, that the Jnfrices of the faid county of Jones, or a majority ef them lhall make choice of any one lot within the faid town that 1 Key lhall think pioft eunv'ei.utnt for the lble purpole of erecting a gaol thereon, for the uie of the faid county ; and the lot fo chpfen (hall be and is hereby veiled in the Tullices of laid county of Jortes, and their fuiceliurs in oince, -for the rurpoie aforela.d ; and the truliees and direct-, ors of the faid town are hereby dsclared to ha^e no power to convey the faid lot to anv perJon, or for any other ufe wbatfoever ; any thing in the before -recited afts to the contrary notwithftanding. IV. And he it further ensiled, by the Authority afire/aid, that the direftors and truftees for the time beir-.g, or a ma- jority of the 11, lhall and are hereby impowered to ui ,k.o any order they may think pioper for opening ftreets, prevent- ing mortar, clay or wooden chimn'eyj being bddc, and pulling don'n inch a: are alr-^aey built, if judged bv them 10 be anuilar.ee, for obliging ail pe"rfons to clear tne ftreets before their houfes, and for ai; o:her thing.- tor the good aid .iafetv of the faid town and tiie proj si r»ga!at'Oii of it, -canilftept with the laws of this date, and to enforce fuch order* by layiiiga fine not exceeding live pownds, on all psrfons'neglefting or refuting to comply therewith, to be levied by a warrant Irom fuch direftot s and tru teeo, and file ot the offender's goods in the lame manner a-- goods are lawfully iold for the payment of I'm all debts, and the money applied to the uie and benefit of the faid town. Chap. XXXVI. Anafl to ejlubljh : the town of 'Morgan, an I to direH the build- rg a court -ioufe and pr}[on in the fame , ft^r the dijirici o/Mcrga'n. I. TT 7HEREAS the commiflioners appointed by a late aft of Afi'embly have put chafed two hundred and thirty a- V V cres of land in Burke county for a town a:.d town common, at a place called tht Aldr Spi ings, and have laid off twelve lets of twelve rods fquare, and forty twolots 1x rods in front and twelve rods back, with two main ftreets fix rod; wide ; and have referved four lots of twelve rods fquirc for the faid public buildings, and for the convenience of water agreeable to a plan herewith prclcnted to this Genera) Affembly ; II. B: it there/ore enaclcd, by the Affembly 0/ the Jt ate of North Carolina, and il is hereby aw fled, by the authority of the fame .• that the laid two hundred a.;d thirty acres of land lhall be, and the fame 13 hereby eftabljihed a town by the name of Morgan, agreeable to the faid plan. JII. And be it further enaftid, by the authority af or efaid, that the laid four lots of twelve rods fquare referved for the public buildings, and for the convenience of water, (hall be and remain public property for the iame tiles tor ever. \V. And it any private perfon lhall for his own uie, build, place or make on any part of the faid four lots, or in the ftreets of the faid town, any houie, cabbm, liable, or other obllruttion, the comhiiiTioiiers ot the faid town here- after appointed, and their fucceflbrs, (hall have full power and authority to pull down, deftroy and remove the fame houfes, cabbins, Itables and obttrnctions, fo raifed or made. V- And he it further ejected, by the authority oj 'ore/aid, that General M'Dowell, John Blanton and Alexander Irwin, he and they are hereby appointed cammhTioners of the laid tow not Morgan, and they ate hereby impowered and di- rected to fell out the faid lands in lots, thirteen adjoining and neareft the court houfe fquare at ten poundj each, and the remainder in proportion ; and out of the monies arifingfro'.r the fales firlt pay forty pounds, being the purchale money for the faid lands ; and the remainder thereof apply tow ards building a court-houle and prifon for the faid dif- trift ot Morgan on the lots relerved for that purpole ; andthe faid conimiffioners are hereby impowered to demand and receive the taxes collected, and which fhall be collected in the diflrift of Morgan, for building the laid cqurt-houfe and priion, and are hereby fully impowered to apply the faid monies to the purpofes aforelaid, and to let out the m hole or any part of the wot k at public auction to the loweft bidcer or by private tontraft, and to make all and eyery other contract for work and materials that lhall be neceflary to carry oti the faid buildings with difpatch. H? Chap. XL. An oft for irrifeiveritig the ttmmlfjioiieiu of public buildings, in Hkden county to /< /.' the public kts refervcdfor /lid bntldings', to purest fe other* and build the cow t-bwj'e on tbeftreet, if more eligible in their opinion. J. -r -jr Tf-lEftEAS the lots re trveti in the town ol Elizabeth lor erecting the court-home and other public buildings on W afe inconveniently fi uaccd, and by no :; eans agreeable to the willies of the inhabi. ants of me laid county ; II. Be it frci efore ena£fed t ty the Gtpiervl Affembly of tht State of Ncrth Carolina, undit is hereby cnailea, by the au- thority Jf t fie fame that the eominiffioners or ;i majority of them, v\ lio were heretofore appointed to lupcrintei d ihe public bui'd1rig5 of (aid county oi Bit den, .'.re hereby authcrifed and uKpovvered to lell the 1 id public lots in the lo,wi) of Elizabeth auct convey titles in fec-limpie for the 1 me ; and tha: the f d ld ceiniiiifiiorers fttajl be lurther iinpowered 10 purchale Iuch Other lot or lots as they or a majority of them mail think proj er, lor th< purpofe ui erecimg tie laid public buildings on. III. And be it further enacled, by the authority efmefaia, that if the faid coTmiilioners or a majority of them (hould be of opinion that the court-hoult of the laid cnui.ty o! Bladen for coiveniency (hould be erected on a ftreet of the la.d town of Elizabeth, men and in that cafe it (hail be lawful lor the laid court lioule to (land in iuch place as by the laid commillioncrs or a majority of them (hall be directed. IV. Provided, and be it matted, that the laid commifliopei s (ball pr.d are hereby d'tecled to account fcr all fuch monies as lhall remain m their hands Ircm the (ale el laid lots over ana above what they may Jay out i.i purchales icr the alorela'd purpofes- Chap.XLI. An afl for removing the public build'ngs of Mecklenburg county from Charlotte to the centre of faid county. mppoinMngcommifj-.ontrs tofndjaid centre, and to/uperintend the ereSing a court houfe, prifon and flocks, as n a, faid centre as convenience -will permit, and uttering the mode of annual eltclions in faid cow y. I. \T HEKEAS the preient court. houle ol laid county (lards within ten miles of Catawba riVer-j and within eight V V miles of the Catawba Indians being the ueltern limits of faid county, and upwards of f< rty miles from Uic eaftern limits of .aid county ; and in order that juftice may be cione to the inhabitauts of laid county, II. Be it therefore en'icled, by the General /fjenibly of the State of North-Carolina, ana it is kcrel y enaiied by tie uu~ thority of the fame, that Colp'riei George Alexander, WitlStm Matthews j Samuel Harris, Zachms llujon, Htztkiah $lex- ard-r, Co!. Robert Irwin, John Leopard . fumes her.: y and Martin Phifcr, jun. b aw they .re hereby appointed com- rr.iffioners to make an accurate furvey olli.cl tounty, and in ca:e laid centre lhcu'd oe tctmd tot to exceed (.even miles from Charlotte this ait is to be void and of no effect, but if laid centre (hould exceed feven miles from Charlotte, Jaidcom- miliioners are authorized to purchale louracres o; land in the molt convenient place not exceeding ene mile from the faid centre, for the purpose of erecting the laid public buildings thereon ; and the laidcemmifficiifr ate hereby inipowered and direclec! to agree and contrail with workmen tor erecting, building and finjlhing a court noiile, pnlbn and flocks fcr the life of the laid county of Mecklenburg, at iuch place as a majority of laid cemniiffiuners lhall agree upon It' Bjited asa!:;;!! direct, at lealt (is days in eaci) and every year, nniefscthei wile directed by the court, when they shall cau ; e the inhabitants of the diltxict to him allotted as aiorelaid to be employed in cut lit g uid removing all logs, brufh and o- ther incumbrances, which obftruct the navigation, ar.d alfo in tutting down or oihtrwile kili r:g_ all Kinds, of tree* Ji ely to tall hit* or obllruct the navigation 01 the aforelaid river or crtc-k, under the penalty ot titty pounds current money for failure or negl:cl, to be recovered and applied as fine* and torfeitures inc 11 red by overferrj of roads ; and •all and every perfon liable to work as uforcf nd wlio fhall fail when nun noned 01 warned agreeable to the cultom in cafe of working 0.1 roads, to appear with i jch tools as the overfeer fh ill din ct and work according); , lhall lorlch and pay the fum of[ten fliiliingseach day he llia.il tail or neglect, to be recovered anu a,p!itu as tints for lading to appear and work on pu'ilic roads. ill. And in order to keep the navigati-on of the ft id river and creek open, be it eatrdjfed, that in cafe any perfon Jhall fa" any tree, or make any hedge in or acrols toe faid river or creek, or oiherwile ol.ftruti the navigation there- of, Hull for every fucti offence, being thereof convicted before any Juliice of the Peace of the county wherein the ol"» fence fliall be committed, forfeit and pay the fu.n of ~ five pounds ciurem money, and be obliged to remove the ob- firuclijn at rheir oun expe. ce, and fliall be further liable to the aclion ot a. y perfon or per.*is injured thereby ; and. if any negro (lave found guilty of any of the above mentioned orTenc s and convicled thereof, he, flie or they by order of a Juftiix of the Peia ihailreuive thirty ninelalhes acll laid on l.ia or her bare back for each and every fuca of?- fence. Chap. XL1II. An aft to amtnd at «J7, entitl.-d, An aft for layng 1 tax in the count/ o c Yorthtinpton for repair*- ing; the public bui^di igs thereof, and to .appoint jnd impower couimifhoners for ihat purpofc. I, TT^IIC LEAS by the aforelaid acl tne con roi (Turners- are retrained from moving mid rebuilding the court houfe iu \ V Northampton county more than one ei ; ;h:u ot a mile from the place whereon the court houle no.v fundi, which. Try no means coincides with tUe willies o* the ipl abitants of th* 'aid county ; II. Be it therefore cn.itteJ, by the General ///fembly of tie State of North-Carolina a*tdit it hereby erased, by the atdhoriy of the fume, that the com nifiio ers appo.nuel bv the ilon laid act, or fa eh oi ihem as lha] agiee to aC"t, may and they are hereby authorifed *nd import-red to concraci foro e or more acres ot laud to re n<>ve tue buildings upon, 'more convenient than the prelent any where on the tract of land 0.1 watch they nO-v itand ; any thing in the alore . recited act to the contrary net vvithftandmg. . C:JAP. XLVI. An ttS to rcleufe Jamie Underwood aid J< b Ward ffem the forfeit un of a recognizance entered into for the atpearance of a certain Daniel Campbell, before trie fupenur court of Hidlboiougii difniil, unujrom a judgment fhi-ti upon the /aid forfeiture. J.^X A"/rtE:iEAS Jam; Underwitd and Job Ward were bound bj a recognizance for the appearance of a certain VV Daniel tampbeh before the luperiur.court of f/ilf/borougB diii.ia, to antwer certain t ealonable charges thcic to be enh bite I againlt him, and by the faiiure oi't.ie faid CanpbeUio appe^- .c ordhij; to the laid recognizance v-'icT the faid court, judgment has been given againlt tlum foi tne ium oi five hundred pou d-, and their rfi'ects are now liable to be l'cld to lati )y the fajd jodgment } and whereas it is reprefetjied to this General Aflembly that the fj,d "James Underwood and Jt)b Ward are in very indigent c:rcamltances, and that the txeeu.ion of the faid judgment wili jeduce them and their families to very ^reat diitrei's ; II. Dejt therefore enail^d, by the General .{f-nih'yoftheStj'eof'^onh-CaroWri-, aid it is hereby enabled, by the an. thority of the fa ne, that the faid James Und.-riuo'jd aid Job Ward be and ih y are hereby re'eafed and fully and entire- Jy dii'charocd Iroai the forfeiture and judgment aforefaid, in tae iamt uiaaneT as if the faid lorft.iture had nerer hap- mrd. 149 jo .h-i the children in Tome mcalure are left deftiturr, and feveral fuits have 'bsen commenced agalnft the eftate o( Ui c faid J homai Bogg, which ma) tend to impov h his children, uniefs the Lid trnftee fhouid ne impowered to fue in his own name t jr the debts ai.d o i i ; •- '.■■•■. . \ action \v;:;c'i vere 01 the ia:d 7 i.-omus Bo^g. II, Be it therefore enacted, by the Lie,.; Ufembh, ana by the authority thereof, that it ihall and may be lawful fcr the f aid Benjamin Blount, his execn 01 s arh adniinillrators, to militute a (bit or fuits in his or their own name or as truttees of the fame 7ho->itti B'.gg, again £1 every ptri'on or perfons indebted to or having any of the effefts of faul Thomas Bogg in pefftdion, or having converted the fane to his or their o.vn ufe, and to obtain judgment againft Juch perfon or perfbns for the ufe ol the children of the faid Thomas Bogg, in the iame manner as he the laid Thomas Bogg might have done previous to the revolution in government, on giving bond and fecurity to the county court-af Tyrre 1 filch fum as the Juttices mail require for the due and faithful application of Inch amounts as he (hall recover :o the bona fide creditors of tue faid Thorn a* Bogg, and the uie and ufes of his children and no others, a nj law or ufage to* the contrary notwithstanding. Chap. XLVJII. An a£l to fecure the -property (//"Elizabeth Bonner, in Beaufort county, in the hands of truftees. I, 11 THERE AS Elizabeth Bonner in Beaufort county, being of la vful age bur of week mind and undei Handing, VV • and hjving fome property given to her by the will of her hte lather Thomas Bonner, deceafed, and being li- able to feduction by defigning p^rfonj for want of a proper authority to controul the laid Elizabeth Bonner, and to con- duct t er pivper in the belt manner for her ufe ; II. Be it enat7.'d,by-thc Gtiitral Affembly of the Hate o/~N:)rth Carolina, and it is hereby enabled by the authority of the fame, that Thomas Bonner, brother of the nid Elizabeth Bonner, and only furviving executor of the faid Tho* Bonner, dec> and John Bonner, be and ihey are hereby appointed uullees, and authoi ifed to take into their care and poffetli. on all the interelt and property of the faid Elizabeth Banner, and to make a true inventory thereof, which inventory /hall be exhibited in the county court of Bepufott upon oath by the truftees within fix months after the palling of this a A ; and the faid Elizabeth Bonner Uiall be IudjlcI: to the controul of the faid truftees ; and that no contract, bnrgain or agreement, made by the laid Elizabeth Bonner with an) perfon or perlons whatfoever fhalL be binding or of any force without the approbation orconient ot the trullees afore laid. III. And be it further enaeled, by the authority aforefaid, that the Lid truftees fhall render their accounts of their proceedings in truli, to the county court of Beaufort annually upon oath, and the fame ihall be recorded by the clerk in the orphan book. IV. And be it further enacled, by the autho-ity aforefaid, that the f.iid trutiees before they (hall pofTefs themfelves of the property. of the faid Elizabeth Bonner, by v. j tue of this aft, lhail enter into boiid and fecurity to the county court aforefaid, for the fife keeping aid proper care of the faid eflate to the full, amount thereof. . V. And be. it further etiaEled, by the authority afore/aid, that if the truftees by this a£t appointed (hall die or remove, that then and in that cafe fall power and authority is hereby inverted in tite county court ot Beaufort to appoint other truftees under the fame rules and regulations as in this aft directed.. VI. Andbe it further enaded, by the authority a for ej aid, that the -aforefaid truftees fhall furnifh the faid Elizabeth Bonner from time to lime and at all times fuflicient entertainment. and apparel that may be ihitable to her fortune and the profits thereof, and account for the fame. Chap. XLIX. An all to fd town of Wilmington : And whereas the railing a revenue by cafual and other taxations and rents will tend to letTen the annual tax on the inhabitants of the faid town of Wilmington : IV. Be it therefore enacled by the authority aforefaid, that the faid commilTioners lhall out of the public monies which lhall from year to year be by them aiTslTed and collected, or which (hall be paid to the town trealurer for fines or otherwife, conftruct and erect Rails in the market places ; and that all perfons, bringing provifions of any kinds, or fruits, for fale, fliall pay for the ule of the faid market place or flail fuch tax as lhall be alTefled by the commilfioners from time to time ; which taxes (hall be rated according to the quantity of proviiions and fruits to be expofed to Jale in the laid market places, that is to fay, ftipulated (urns for every beef, mutton and veal and fo of all other animal food ; and ftipulated lums for certain quantities of fru'ts .rid other vegetable productions to be paid to fuch officers as {hill be jppo'uued to collect the fame, by the pet Ions refpectively who fhall brng fuch provifions and fruits to the faid town for fale, whether by land or water. Provided alv) ays, that the commifiioners may fuffer and permit perfons bringing provifions and fruits to market in boats, to lell and difpole of the fame at any public or private wharf, with the confent ot the owner thereof ; and perfons bringing fuch by land to fell the fame (butcher's meat excepted) from their carts contiguous to the marketplace. V. /nd be it further enuflrd, by the authority e'ercfaid, that it fliall and may be lawful for thecommiflioners of the faid towns and they are hereby required as foon as their funds will permit, to build cellars under their market places or other public buildings in the faid town, where the elevation of tne ground will permit Inch cellars to be funk of a proper depth ; and luch cellars to rent out from lime to time for the benefit of the faid town. And whereas it is cuftomary for many perlons, as well in the country as in the t'everal towns in this ftate, to per- mit their flaves to hire themfeives oct from day to day, by which great profits aie acquired, and it is reasonable that thofe perfons who derive fuch advantages from the labour of their flaves in the towns Ihould contribute more than the nrchnary'T.TXvs towsrtk its ftippc-rr, and at the fame ti-.ne that a distinction Ihould be made between fuch flaves as may he returned a« taxable prop rty in the fuid towns refpectively, and fuch whole owaersreficUj in the country, and re- «5* wn tWir taxable property there, although part of their flaves generally work in the towns. And whereas permit- ting (laves to hire themfelves under proper reftrictions a»d regulations, may be rendered convenient for fuch perfons »s may occasionally want daily labourers : VI. Be it therefore enaflei by the authority aforefaid, that from and after the firft day of May next, it fhall not be lawful for any flave in the towns of Wilmington, Waftnrgton, Eder.ttn, or Fayetteville, to hire her or himielf out, without firft producing a permiffion in writing from the owner, or other perfons having the care or management of fuch flave, directed to the commiflioners, truftees or directors of the town where fuch flave fhall be ; who there- upon fhall caufe the faid pcrmilfion to be entered by the town e'erk in their books »nd filed, for which the owner of the flave fhall pay a fee ot one fhilling \ and the commiflioners fhall caufe a leaden or pewter badge to be affixed to feme corrfpicuouspart of the outer garment of fuch flave with a device, which may be altered from time to time, ex- preffive of the intention of luch badge ; and every flave having a badge in manner by this aft directed, may hiie him or herfelf out, and may lawfully be hired by any perfon or perfons whatever. VII. And be it enaflea by the authority aforefaid, that for all (laves who fhall hare badges as above directed, and wh» fhall be town taxables, there fhall be paid as follows, to wit : for every male (lave being a tradefinan there fhal! be paid yearly to the commiflioners, truftees or directors the fum of fixteeu (hillings ; for every male (lave not bt-ing a tradefman the fum of ten (hillings, and for every fema'e (lave the fum ot eight (hillings , but if any (laves having fech badges fhall l.ot bereturned as town taxables, then there fhall be paid for every male (lave being a tradefman twenty ft nr ftnllir.-gs; for every male flave not being a tradefman the lum oi fifteen (hillings, and for every female flave twelve (hillings, to be applied as other taxes afleffed and collected in the faid towns. And that the taxes upon Haves having badges may be more eafily collected and all fraud and evaGon prevent- ed: VIII. Beit enafled, -by -tire authority afrefaid, that the taxes impofed by this act on flaves who fhall be returned ai town taxables, fhall be paid and collected in the fame manner as other town taxes ; and that the taxes impofed on fuch flaves as ma\ not be returned as town taxables, (ball be paid or fecured to be paid, to the fatisfaclion cf the -commiflioners, truftees or directors, on or before the firft day of July in every year, before any badge fhall be by them granted as aforefaid. And whereas there are mary flaves in the faid towns, who contrary to law hxve houfes of their own, cr are per- mitted to refide in tie out houfes or kitchens of divers-of the inhabitants, or in the houfes of the free negroes, mulat- toes, perfors o( mixed b'ood and others, and work and labour for themfelves in fcveral trades and occupations, fti- pulating to pay their owners fuch daily, v, eekly or monthly wages as (hall be demanded of them; by reafon of which robberies and frauds frequently happen, fervants are corrupted, and the poor white inhabitants are deprived, of the means of earning their fubfiftence by labour : for remedy whereof, IX. Be it enafied, by the authority aforej-aid, that no flave (hall be permitted to exercife any trade or occupation in the faid towns refpectively without a certificate from the owner, or other perions having the care or management thereof, directed as aforefaid, or without fuch badge as fhall be given to flaves permitted to hire themfelves ; and all Caves permitted to exercife any trade or occupation as aforefaid, fhall be fubject to pay the fame tax as flaves who are not returned as taxable property in the towns aforefaid, and to be paid or fecured in manner as before directed. Provided always, that. nothing herein contained, fhall extend or be conftrued to extend to prohibit any perfon or per- fons refidingin the faid towns refpectively, from hiring out their .flaves, or in employing fuch flaves iii exercifing a- ny trade or occupation under the immediate direction of their owners refiding in the faid town, fo that fuch (lave or flaves be not permitted to receive the wages contracted for, nor the value of any article manufactured or made, cr the work and labour done, but in all fuch cafes the owner or other perfon having the care of flaves, fhall make the contract and receive the monies arifing therefrom. And in order to difcriminate between free negroes, mulattoes and other perfons of mixed blood, and flaves ; X. Be it enabled by the authority afrefaid, that all perfons of the above mentioned description, who are or fhall be. free, fhall on or before the faid fit ft day of Mav next, spply to the GommifEoners, truftees or directors of the ref- pective towns aforefaid, in order to have their names regiftered ; and every fuch perfon coming into the faid towns refpectively to refide, fhall within three days after their arrival make the like application ; and the commiflioners, truftees or directors are hereby authorifed and required to give every fuch free perfon a badge of cloth, cf fuch co- lour or colours as they fhall refpectively direct, tobe fixed on the left Jhoulder, and to have thereon wrought in legi- ble capital letters the word FREE : lorregiflrationof each of which names the toun clerk fhall receive two fliil- lings, and the commiflioners, truftees and directors refpectively (hall receive the fum of eight fhiliiugs for the ufe of their refpedtive towns j which regiftration and badge (hall continue in force during the time that fuch free perfon fhail remain an inhabitant of the town in which he or fhe fhall refide i and if any free negro, mullatto or other per. fon of mixed blood, fhall neglect or retufe to apply to the commiflioners. truftees or directors as aforefaid, or fliall refufe to receive abjdge in manner by this act directed, every fuch perfon fo neglecting or refilling fliall be fuhjet, topay the fame tax that is hereby impofed on flaves who arc not returned as town taxables, ar.d who (hall have bad- ges to enab'e them to hire ihcmfelves : and that fuch free perfens may be the better known, the Juilices o( the Pesce who fliall receive the returns of taxable property in faid (owns, fl.af in their veariy returns delcribe all fuch .perfons as are Tree, snd are nrgrtes, mulattoes or ctherwife of mixed blood as aforefaid : and all fuch pcrior.s as a- forefaid not paying their fines, fees anJ tnxes fhalib^hired ouifor fo long time aj will pay -the fame refpe£Wve« XI. And be it further enafted, by the auti ;u ity afore/aid, thai the commiflioners of the faid town, fhall ana' may. from time to time, make fuch or>: inane es and leguhtions, and und&r fuch fines, forfeitures and penalties as to then* fhall feem reafonable, for the better car-tying the nuen ions of this act, and other acts for the better regulation of the faid to.wns into execu -so >, but fo as that fuch ordinances and regulations do not cb'ntraw ie the fundamental con- ftitutions jnd law$ of the Aate, and fo that the party thinking hinnelf aggrieved there j ;.iy appeal to the eouniy court. XII. And be It enabled, by the authority afonefidd, thr.'.if any flave permitted to hire him or her&lf out in manner by this act directed, fhoulcl happen to be capital y convicted fo: any ci line committed during the time that he or fne lhall have fuch pe.rmiflian, the owner of. fuch Have fhall not be allowed any compenfa.ion from the public or oiherwife for the value thereof when executed. X''I. And belt alfb enadid, by the auHrititv cf ' rcfaid, that if any free perlon of mixed blood, or any free negro, refiding within any ot the (aid towns, fliall be c< nvicted of any felonious crimes with flaves in the town where he or 'he fliall fo refiile, or flu. I receive any good- from any Have or flaves witho • a ticket from his, her or their owner or Other perfon having the care and management of fuel) flave or flaves, or (bail receive or harbour in his or her houfe or otherwife, any runaway or abfeonding flave or flaves, every fuch free perfon being a negro or of mixed blood as aforefa : d, fhal upon conviction, forfeit and pay to the comm llioners, truitees or directors of the town in which he or fhe fliall refide the fum of ten pounds, to be levied off lis or her property real or perfonal and applied to the (lock of the town. Provided always, that if any fuch fi ee perfon (o convicted as aforefaid, (hall upon fuch conviction ijg- njfy his or her cpnfent to remove from fucii town, andfliall give fecunty for fuch removal within ten days thereaf- ter ; and alfo that he or fhe will not refide in fuch town or within fen miles thereof, for the fpace of feven years, then it fhall and may be lawful for the commiflioners, truitees or directors as the cale may be to take fuchfecurity payable to tfjemfelves and their fucceflbrs in office, and upon breach of the condiiionto put the fame in fuit and re. cover the penalty for the ule of their town ; and upon fuch bond b. ing taken with fecurity as aforefaid, the pen.dty inflicted 'upon convKtion as before directed, fhall be rem.tteu to the offender, any thing heiein contained to the con- trary notwithstanding. And whereas the laws and regulations made to present dealing and trafficking with flaves, have been found infufE» etent to prevent that dangerous and pernicious practice : i XlV. Be it therefore enafted by the authority aforefaic, that if any free perfon fhall either buy from or f. 11 to any., flave or flavee, or (hall barter with any (lave or flaves,. any kind of goods or commodities whatfoever, or other thing, without a permiflion in writing from the mafter, miftrefe or other p;rfon having the management of fuch flave or flaves, every fuch free perfon fhall on conviction forf it and pay the fum of ten pounds, to he levied of his- or her property as other recoveries by law ; and if the offender fhall not have fufficient property to fatisfy the judgment, then fuch offender fhall be committed to clofe euftody, and fliall remain in priibn without bail or mainprise for any time not exceeding three months. . XVi And it if hereby further enafied by the authority aforefaid, that if any perfon or perfons (halt be convicted of entertaining any flave or Saves in his, her or their houfe or houfes, or other place or places, in any manner what" foever, for money or oiherwife, every perfon convicted thereof, fha'l torfeit and pay to the commiflioners, tmftees or directors of the. town where fuch offence fhall be committed, for the firft offence ten pounds, for the iecand of- fence twenty pounds, and for the third offence fhall be whipped publicly not exceeding thirty nine lafhes, and fhall ■ be thereby rendered infamous. Provided always, that when the offender fhall be unable to pay the forfeiture, he or - fhe may be whipped for the firft or fecond offence or either of them. And in order that perfons dealing with flaves without permiflion as aforefaid, may the more eafi'y be convicted : XVI. Beit euaSiedby the authority pforefaid, that if any flave (kail be fees going into any ftore or other houfe, and fuch flave fhall carry into fuch ftore or houfe, any article or "tides which may be fuppofed for fale, or- any bottle, jug or other thing in which liquor may be conveyed, or fhall bring out of fuch houfe or ftore anything which may be fuppofed to have been purchafed therein, and fuch flave fhall not have a badge at is heiein before directed for flaves who may be permitted to follow forne trade or occupation, and proof fhall be made of the facts,, the. fame inall be deemed fufficient to convict the offender, unlefs he or flie can produce a permiflion as aforefaid in writing from the mafler, miftrefs or perfon having the management of fuch flave. Prwided always-, that, nothing herein contained fhall be conflrued to prevent any flave or flaves from delivering to any perfon or perfons redding in any of the faid towns, any article of provifions or other thing which may be fent to any fuch perfpn from their friends in the country or elfewhere, provided fuch flave has a wxjiten permiflion for fo doing.; XVII. And be it further enag}ed y by the authority aferefaid, that the commiflioners, truftees and directors of the Taid towns refpectively, are hereby impowered and required to make fuch additions.to and explanations of the fevcr- al claufesof this aft, relative to flaves, free negroes and free pcrl'ons of mixed blood, as may tend to carry the fame more effectually into execution againfl all perfons who come within the purview thereof. Provided *hvays t that all appeals from the commifnouers>, truftecji or director* of the faid towns rcfpc&irely flaall be tried by a jury, Si An aft for I r h (Jaroli - ' pi cjintied o . . ior the town Jf n4 keefDtbe itr-Cets then Inch emi tht , . toYurhiSoti the in. . L town to woi k chefeon ; andin cafe of the refafeior negle&of ranvSohabi - . rr so proctne a ftrf rfarm wot work, the fum'of eig ■■ md every refuial or neglect, '-'' aIU > ieais of any two of th< rs, on col ted, ivtgAd-d, that excal . from bodily admitted. AtidprwlHed alft, that no inhabitant of the i'^id town fh one yeah. Ji. ^ commiff mors and , \ urs in oiEce, . the) aifehei . d itionofcihe eo:naiiBIoneis of the town t . ; and that they. may ,iue -and be lued, imph i re full ■■ pofesofthj ■ .. to ihew necefiary i bettei ilation of cinYers. nhGreas fro« )ffaid town by erecting piazzas, perches- and other ,:S and end ■;: t..i,ts are \$i ; i -t jdrequired iol"e a ■ ■ *ceeding tweq ; h p?az?a, pi croichm«mt on the .ftreejts of wha : retain widtl ■ T one houfe, or te.ae.ment ; on each piazza, icr incrQachmentuf lelatjian lix Icee in width, alumnote [ling ; and. on all piazza*, porches ai d^otl er encroachments of a : ■ than i et, a rent of rsoo eacn fooi over; and.abave fix, fliall be nnpofed exclut^veof. the ground-rent aforesaid, toibscoll as her. in after directed. IV. Arid be it further d, that all free males of twenty-one years old and upwards ill, have uAially rdided-in ace ©f.ene nionthprevkueiorl annu- ally, and all others the pi - lot pr. lots \n the faidl town, orpha»s excepted, ftaUbeconliderpd-as being liable to pay taxes ; t : os v. el! ior rns year one thouland-fevenliundr ( ed and eighty fix, as. for each filcceedii - >f ihe comtniffianers ;;> ray I L n nol < xce'eding eight (hillings per noil ; order that a>j allpeif ns and property bythisa.'r liable to-be ■■', n;ay be obtained s V. Beiifuri that the court ef EdgcQTnbe county on. application of the «emmif- ■fk-ners, ihaii annu. .li> appoint fume J aittce i be county aforefaid een .the firft si days of Xprth then n , receive.fi t.be.faiektowo, and oil e to be taxedj true and acc> - in oath, of all the polls and property to them. belonging, which by this act ;elefs , thaC it is berebv exj 1/ ( a '54 declared that dwelling houfes of every kind, and endofures either by rail?, paiTng er plank, provided tfiey extend the length and breadth of the lot, {hall be demed improvements under this aft. X. And be it further ensued, that any perfon except as before excepted, owning an improved lot or lots in thefaid town, who (hall fail for the fpace of twelve months to pay the tax for which by this act he may be liable, the comtrif- i'toners Oiall and they are hereby directed to (ell the lame at public vendue, to the higheft bidder for ready money, firft advert'tfing fuch lot for the fpace of three months at leaft in the North-Carolina Gazette : and after deducting the tax and other e>:pences which may have accrued in canlequence of fuch advertisement and fale ihall pay the balance on application otthe perfoa, entitled to receive the fame. XI. And lie it further er.p.ihd, that the faid commiffioners fliali and they are hereby required and directed forthwith to call to account, all perfons for any monies which may be fuppofed to be in their hands belonging to the laid town, and in cale of failure, or refufal by fuch perfons to pay the fame to iiTue warrants, or bring fuits.for all fuch fums a* may appear to be du«, and that all fuch monie* fliall be recovered and paid agreeable to the f'cale of depreciation by lav/ eftablilhed. XII. And be it further enaSled, that the com million ers fhall apply all monies collected in virtue of this aft, in repair- ing the ftreets, making good the public landing, and in fuch other uleful works, as a majority of them (hall think molt conducive to the grandeur and emolument of faid town ; and fhall each of them reflectively before entering on the duties ot his appointment take before fame Juificc of the Peace -the following oat^, and obtain a certificate there- of, to wit, "I, A. B. do fweur, that at a comm;ffioner for the town of Tarborough, / tuilt endeavour t$ -execute the fe- deral duties enjoined me by the acl oj AffemUy in that cafe made aid provided, -without favour, affeSlion tr partiality, It ■the I eft of my /kill and abilities. So help me God." XIII. And be it further enacled, by the authority aforejaid, that the firft meeting of -the commimoners finli be held cn the firft Minday in May nest, when they may appoint a chtiroian and adjourn, and meet at luch times as they fliall think proper ; and that in -all acts of the faid commilTioncrs, or a majority of them -fliall conflitute.a quorum, nor fhall they do bufinefs with a lels number ; and that in cafe of death, refufal to aft or removal out of the .county of ■Eigcvnbi of any of the commillioners by this aft appointed, the inhabitants of the faid to *n fliall, within one month after fuch vacancy, alTemble (ten days previous no-ice being firft given by the chairman of the commiflioneis, in writ- ing affixed to the court-houfe in faid town) and elect lome other per Ion being an inhabitant of the county of Edgcomk Commiflioner in the place of him fo dying, removing or refufing to aft ; which perfon after being foelefted and quali- fied as by this .aft directed, fhall be vefted with the i'dtue powers and authorities as £ he had been exprefHy named lierein. XIV. And be it further enabled, that if the commiflioners fliall find any lot orlotsin t!>e faid town, net already con- veyed, they fhall after having advertifed inch lot or lotsf jr the 'pace of three months in the Niirth-Caroiina Gazette* publicly fell the lame for the molt that may be had, and ^ranc a djcd or djeds lorfftrca lots, fubjeft nevertheless t» the like regulations as the other lots of the faid town. XV. And be it further euacled, ly the authority of 'or rfaid, that all fines and forfeitures which may be incurred by ■virtue of this aft, fliall be paid into the trtalury of the laid town, and applied as the common flock thereof. XVI. Be it further enuej^d, -by the authority aforefaid, that all and ever) aft, and palts of acts, for regulating the town of Tarborough, coming within toe purview ot this aft, beand.the fame is hereby repealed and made .void- Chap. XXI. AnaB for .the more fpeec'.y determining dfputes that have arifen, cr herealer miy fife in the counties »f Rowan, Mecklenburg, Rutherford, Guilford, Lincoln ani Rockingham, from erecling mill-dams, ,a>.d to prevent perfons from building mills, as herein deflribed. WHEKEA-3 many diiputes hive heretofore arilen, or hereafter may arife from erecting mill-dams, and overflow, ing the land; belonging to pet Jons proprietors of lands en the water courfe above the faid mill-dams : for re- niedy whereof, I. Be it snuBei, by the General AffemUy if the Stale of NTerth. Carolina, and it h herebv ensiled, that from and af- ter the palling of this aft, where any difpBte may anle or have heretofore arifen in any of the counties aforefaid, be- tween the builder of any mill or mills and the owner of land above the faid mill as aforefaid, it fliall and may pc law- ful for the county .court where inch dilpntc may a»ile, -on application of either patty, to order the flieriff of faid coun- ty to.fummon a jury of good and lawful men, who Ihall appear at the place where fuch lands are overflowed, and afcertain the full value of what faid land was worth had it not been overflowed, and nil damages to the owner, the party making application to the court as aforefaid giving the other party tea days previous notice thereof before the fitting of fuch court. II. And be it further enacled, by the authority aforefaid, that the value off ml land fhall be paid by the owner ot fuch mill at the fijcceedjng court, alter fuch trial, or as foon as the verdift of fuch jury fliall be confirmed, b/ the laid court, and on fadtire thereof execution fiiall iiTue lor the fum alcertainc-d by the jury as aforefaid, and the cofts thereon. III. And be it further enacled, by the authority aforefaid, that upon payment of the value of fucn lard by the verdift of a jury as aforefaid, the perfon owning laid land Ihall, and he is hereby required to execute a deed in fee Ample for luth land to the owr.tr of faid mill, and on failure thereof the owner rf faid mill fliall (land difcharged from any action or actions, iuit or iui; , cither in lav. or equity, and (hall alio (land difci.ai^ed from any indiftmem on accfpnC of iTucH land, overflowed as aforefaid ; and in cafe any action or actions, fjit or fnltt, or indictments dull be commen. ced or profecuted againft the owner of faid mill as aforefaid, it fhall ami may be lawful for the defendant to plead the payment as aforelaid, and judgment fliall be againft the plaintiff for cofls. IV. And be it further matted, by tbe authority aforefaid, that from and after the pafiing of this aft, it mall not be lawful for any perfon orperfons in any of the counties aforefaid, to build or erect any water griil-mill within tw» miles above or belotv any mill that is or hereafter may be erected for the purpofe of manufacturing flour for merchan- dize. Prwided, that fuch is furnifhed with good bolting cloths and every other requifite for manufacturing good merchantable flour as aforefaid : any perfon in the faid countiea who fliall hereafter build any mill or mills contrary t« this act, fhall lorfeit and pay the fom of one hundred pounds, to be recovered by aftiou of debt, in any court of record having cognizance thereof, by the p;rty aggtiered. Crap. XXVIII. AnaS f*r deflroying wives, wildcats, panthers, heart, crtws amd fquirrels in the fev:ral counties therein mentioned. WHEREAS the great increafe of wolves, wildcats, panthers, bean, crows and fquirrels, in the counties here- in after mentioned, is found to be injurious and prejudicial to the inhabitants thereof : I. Be it there/ore enaS.'d by the General Affembly of thejtatt of North-Carolina, and it is hereby enacled by the au- thority of the fame, that the leveral county courts cf Cmrttt et, Rutherfird, New-Hanover, Brunfwick, Bladen, Rowan, Tyn el, Rocking! mm, Wilkes, Hyde-, Aioore, Cafwell, Onflow, Duphn, Samp/on, Burke, Wake, Litxtli, Randolph, Mecklenburg, Surry and David/on, in this ftate, are hereby authorifed and reflectively impowered, when they may judge the tame neceffary, after the year one thoufand (even hundred and eighty five, to lay a tax on the inhabitants and taxable property of their faid counties, to be collected by the public collectoiaand accounted lor as the county lax, for the purpofe of granting bounties to perfons who fhall kill or otherwile dellroy any wolves, bears, panthers or wildcats in fuch cour.iics, in luch manner and in luch proportion as by order cf court fliall be directed. Provided the bounty to be given for killing each wolf fliall not exceed twenty fhilluigs, and lor killing each wildcat (hall not ex- ceed threeihiliings. Provided inch tax fhall not exceed one fliilling on eacii poil, and lour pence on every hundred a* ce« of land m one year- II. And be it further enaScd, by the authority af repaid, that the feveral county courts before mentioned, fhall have full power to apply themonie* ariling from laid tax, for the purpofe before mentioned^ as they by order may direct; and the furplus if any, fhall be applied tJA'srds defraying the contingent charges of faid county. III. Andbe it further ena :red, by the authority cfarefcid, that every mafler or miflrcfs of a family, and overfeer of a plantation when the mafler or miftrefs of a family doeenot reGde in the fame county, in the counties of Montgomery, Burke, Warren, Prankun, Wake, fenes, Dobbs, Ntw-Hawocr, Wilkes, Granville, Onflow, Cafwell, Lincoln, Ruther- ford, Duplin, Savipfon, Brunf ick. Rowan, Mecklenburg, Tyrrel, Bladen, Richmond and Surry, fliall kill or caufe to be kiii.'d in every year, ieven crows or Iquiirels, for each taxable he or Die fhall inlift, under the penalty of forfeit- ing and paying fcur pence -for every crow or fb/tirrel, he or flie fliall neglect to kill or caufe to be killed, to be reco. vered and applied asherein. after directed. Provided always, that no conflant-rcfidents in any of the town* in the counties in this ad mentioned, fliall be included in this act for the taxables in fuch town. IV. Andbeitfurtt.er enctled, ly the authority aforefaid, that every mafler or miftrefs of a family, or overfeer as a- forefaid, on killing any crow or crows, iquirtei or fquirrels as aforelaid, fhall produce the head of fuch crow or crows, and alfo the fcalp or fcalps of fuch fqutrrel or fquirrels, to fome juftice of the Peace, who thereupon (hall give a certi- ficate to fuch perfon or perfons, mentioning the number of crows heads and f'quitrcls fcalps lb produced, who on giving fuch certificates fliall deftroy or caufe to be dellroyed fuch head or fcalps in his pretence. And for the more effectually recovering the penalties as aforefaid : V. J3.it tnjcled, by the authority aforefaid, that each and every of the collectors of the refpective counties herein before mentioned, at the time of receiving the county taxes, fliall demand of each and every perfon chargeable with taxes, fuch certificate for that year; and on neglect or refufal to produce the fame or pay the penalties aTcrel'aid, the collector fliall ard he is hereby impowered and directed to make diflrefs on the ftate of fuch perfon or perfons for the penalties aforefaid, in the fame manner as by law be is impowered to-make diflrefs for public taxes ; and fhall account for and pay the fame in the fame manner and under the fame reflrictions, and have the lame allowances as for receiv- ing county taxes ; which penalties fhaJl be applied towards defraying the county charges. Chap. XXIX. An acl for the frzmothn of learning in tie county of Davidfon. WHEREAS the good education of youth has the moft direct tendency to promote the virtue, incrcafethe wealth and extend the fame of any people ; and as it is the indifpenfible duty of every legislature, to confult the ha- pinefs of a riling generation and endeavor to fit them for an honorable diftharge of the lecial duties of life. And whereas it is repreltnfed to this Gt neral Aflembly, that the citizens jfDaviifon county arc dellrrus cf mak'ng an ear- ly and liberal provision for the ii.ftruction cf youth, by laying the foundation of a public ieminarv in that ccunty : I. Be it therefore ena&ed, by the General Affenibly of the State of North-Carolina and it is hen by cradled by the cu. tforityofthefume, that the Reverend 'Ihomas Craighead, Hugh U iUhmJon , Da:hl Smith, : William Polk, Anthony L1J- ■ ■' . ■ - .. - ■ ■- h8 that the faid - ■ ■■ i receive, J.:ii,i- nienis, i <•, that the or the profits - , in the coin I iphica! appar; I falaries.oi i uchi,Rnaber c :ons as to the II. A ■ - add theft fifcceflbr's, or'a n ihern, by 'he nameaforefaid, ihall be able id h'.f, fo i ill, gra.nt, OU4 of fi>(.r own body ; ' r, prole flors,ai.d . and e fame may remove at pleafure'.; and ihey Ihall !• to 3!i;;ke bye- laws for the government anti regulation of the academy, and :he I '..me to alter and :r- ihtlr/'s, ihi'. fuel) laws iball notjbe.i o.thela*8ol their i oralsj'ftudies, asto .' Ifeem' meet, an,d to leave ihe faidacade :;sir literal ■: progrels oi ulefyl i«r, that oh '(sftgnauon, refufal to a lor ?h« I Hi him rSpol Lfelortgin'g to' thi ihal: be in iiis fund at h ch they may receive of and by virtue ot ;hit adt for the purpofes aforefaid. III. Aid vi it further enaflid, by the authority afirefuid, that if any of the truftees by this aft appointed, fhall die* refuie to «ct or remove away, that he cannot attend tile duties of his appointment, the remaining truftees may ap? point another in his ftead, who liuli exercife the fame powers as trultees appointed by this aft ; ;nd when rnet tc ga- ther within the ("aid county lha.l have powerand author. ty. to elect and coi dilute due or more tu'or or tutors, and a trealurer, and alio toxvke and ordain fuch rules and regulations, not repugnant to the laws of this ftate, for the well-ordering of the ftud.-nts, their morali, (Indies and ac ;demi<.jl exercifes as to them fhall feem meet ; andtogive certificates to fuch ftudents as li. all leave laid, academy, certifying their literary inerir, in general they fliull cr may do all fuch things as are ufbaljy done by bodies corporate and politic, or fuch as may be neceflaiy for the promotion of learning and virtue ; and tne laid truftees or a majority ot then are hereby empowered, and fhall have lawful au- thority to remove the tu:or or tutors, tteafurei or any of then , if they iltall find it neceffary, and on the death, rffiow nation or refufal to act of any of them, to appo lit aod elect others in the ftcad ot thole dilplaoed, dead orrefuling to acl. iV. And be it further en.icled, hy the authority afortfaid, tear the truftees by this act appointed, era majority of them, an i their fjc«.eirors, mall meet .annually pn the firft FrtJay.of March in each arid every .year, cr at any other tine they may find more coavenicnt, and oieu a proper porfen out cf their own body to prciide for the term of one year, who may conv'ene-the truftees at anytime he may findf it neceffary. Provided always, that he fhall give teu days previous notice ot (uch n ee.i . >, a id tliat the pre lid en t and trealurer fhall bechofen on the faid firft Fridjy of March, unlets in cafes of unayo t :»nrs. V. A;.i be it further enacted by li.. authority aforefeui, that the treafnrerof the fi : d board of truftees, (ball enier inta bond with fufficient fecurity to the truftees, conditioned for tiie faithful difcharge of the truft repofed in him by this »dr, and ihat all monies ar.d chattels that ihail be in his bands at the expiration &t his office, fhall be immediately paid iato the hands of the lucceeding trealurer ; and every trealurer fhall receive all monies, donations, gilts, bequefts and charities that may belong or accrue to laid academy during his office, anil at the expiration thereof fhall account with the truftees or a majarity of them for the fj.s.e, and on refufal or neglect to pay and Jeli.er as aforefaid, the fame mode •f recovering may b* had agahift hun as is or may be provided for the recovery of money from fheriffs or other pub.. tic officers. Gh AP. XXX f. An ad empowering the cemtr.ijfioners of the town of Edenton to convey [art of the town commons to the truf- tees of Smith's academy. ■ WHEREAS it has been reprefented by the truftees of Smith's academy that they conceive it would be for the in. tereft of the inftitutiou under their care, that they mould be allowed to erect public buildings on the commons of- the town of Edenton ; and the freeholders and inhsbitoiv.s oi that tow n having prayed that a Uw may be made for that purpofe ; I. Be ,t en idea I by- the General Afftmbly of the State of North Carolina , cr.d it is hereby emSed by the authority of the fame, that the commiffioners of the town of Edenton fhall be ^uthoriled, and they are hereby authorifed to make over and convey to the tru lees of Smith's academy, for the tble ufeof that inftituticn, a lot or p.u eel of ground cut of the town commons, in fuch p'ace as the truftees may choofe, not to exceed fix acres. And whereas it is reprefented, that the freemen inhabitants of the town of Eden'cn, have ntgUcted to choo'eccmmiflionerson the firft Monday of Ju'y 1 ail, the day appointed bylaw for that purpofe ; •. II. Beit enacted by the authority afore/aid, that the freemer, inhabitants of the tovvr. of Edenton, fhall be and they are hereby authorifed to choofe commitlioners for laid town on tne itcond Monday in January. next, who fhall continue in eriice till the firft Monday of July, . CHAP. XXXII. An eel for eft 'abli filing an academy at Kir: (ton, in the county sfDcbbf, and to air.tnd the act efi 'abiifhitip the academy in the difir'S of Salisbury. WKEiREAS liberal fubferiprions have been made and a profpect of coi fiderab'e additions towards cftablifhin^a lemin:iry < f learning at Khtflan in >he county of Dobbs. And whereas the proper education of youth is efleii. tial to the hai [>i:Kfs and profperity of every community, and therefore worthy the attention of the lepjflature : L Be it ena3?d by the General AJ/embly «/ the S/iJ/fc/ North- Carolina, andilis hereby ethilid, by the authority oj the fame, that an academy be erecled and tft-biifhed at town' of Kinltoii) in Q&bs county, for the education cf J outh, u»>. 491- the ttaoie, ittlc and titkj ef lie Gsbbs academy. il 2 *5 8 • 1 1. A.ul be it farther enabled, bv the authority aforefaid, that his ExceKency Richard CiifiueH, the Honourable d/ex- and-ir Martin, Richard Dcbbs Sfaigbt, William Blount, Jofeph Leech, John Hawks, Jeffe Cobh, James Ola/gow, Charles Mar Hand, John Ifter, John flenita^e, Benjam'.n Coleman and Join Cocrt, and they and their fucceflbrs, to be elect- ed in manner herein after directed, ihall for ever be a bjdy polfic and corporate in deed and in name, by the flile of the truflees of the Deibs academy, arid by the fame name they and their fucceflbrs fhall and may have perpetual fuccefiion, and be able and capable inlaw to receive, take and enjoy to them and their fuccefiors, lands, tenements, rents and •■hereditaments of any kind, nature, quality or value, in fee or in peipetuity, and alfo eftates for lives and for ye; rs,' and all funis of money, goeds, chattels and things vhatfoever of any nature, quality or value, for building, ereftmg and fupporting the laid I academy, paying fahries to the prefident, profeffors and tutors thereof; and by the fame name they and their fucceifors Ihall and may be able to implead and be impleaded, anlwer and be anfwered unto, de- fend and be defended in all courts and places, and before all Judges and Jullices whatfoever, in all actions, pleas, plaints and demands ; and to grant, bargain, fell or aflign any lands, hereditaments, tenements, goods or chattels; and to act and do all things whatloever for the u!e aforefaid, in as full and ample a manner and form as any natural perfon or body politic or corpora e can or may by law ; that they fhall and may have a common feal for the bufinefs. of them and their fucceflbrs, with liberty to change, break, alter or make new the fame from time to time as they fijall think proper. III. And be it further en.iHed, by the authority aforefaid, that the faid truflees, or any five or mote of them, fliall have full power and authority to meet at all times when they fliall think proper at the 'faid town of Kin/ion, to deliber- ate, refolve upon and carry into etfeft the laws and regulations to be by them made for the government of the faid a. c.itlemy, and ihall have full power t«> fill tap any vacancies which may happen in the "faid incorporated body of truflees, by the death, refufal to*-,ft, reiignation or removal out of the flaie of any of its members, and the perfons appointed to" fill fuch vacancies (full be, and they are hereby declared to have the fame power and piivileges as the truttees nam- ed in and by this aft. ' IV. And be it further enacled, by the authority aforefaid, that the faid truflees or a majority of them be, and they are hereby authorifee and empowered to convene at the court-hqufe in Kirtfion, on the fh ll Monday in July next after the palling of this act, and then and tilers eleci: and conftitute by commilliun in writing under their hands, or the hands of \j majority of than, and fealec! with the common i'ed) of the corporation, a proper perfon to prefide at th« faid acade- my, who fliall be a truilee during his continuance in oiiice, and veiled with the fame powers, privileges and authori- ties as any truflee namee! in and by this aft ; and fuch prefident and the truflees, or their fucceifors or any five or more of them at all other times thereafter, when met together in the laid town, fliall have fullpovver and authority to elect and couftitute one or more profeffors or tutor?, a lecretary, treat urer and lie ward ; -and alfo tomske and ordain luch laws, rules and regulations, not repugnant to or inconfiftent with the laws cf this flate, for the well- ordering ami governing the (tudencs, their morals, lludies and academical exercifes as to them Ihall feem meet, and to give certifi- cates tofuch Undents as Hull leave the faid academy, certifying their literary merit and progrels they have made in ulelui knowledge ; in gereral they llia-11 and may do all fuch things as are ufually done by bodies corporate andpohtic, or Filch as may be neceff ary for the promotion of learning and virtue. V. And be it further euafled, by the authority ('fir if aid, that the faid trufteesora majority of them, are hereby authorifed and declared to have power to remove or di (place the profeffors or tutors, the fecretaiy, treat urer and ftew- ard, or any of them if they fliall fird it necLilary, and appoint others in their ftead ; and in cafe of the death, refig- riation or refufal to a£t of the prelidenr, or any of the faid profeffors or tutors, the lecretary, treafurer or fleward, o- thcrs fhall be elected by fuch truflees in the room and Head of thofe dead, refignmg or refuting to aft. VI. And be it further en.iEied, by the authority aforefaid , that every treafurer appointed by the truflees aforefaid, ihall previous to the entering upon his office, enter irto bond in the fum of one thoufand pounds payable to the truf- tees aforefaid, cond.tioned for the faithful difcharge of hisolrce, and the trull repofed in him ; and that all monies and chattels belonging to the faid corporation which fliall be in his hands at the expiration of his office, fliall then be immediately paid ad delivered into the hands of his fucctfl'cr in office, and every treafurer (hall receive all monies, do- nations, gifts, bequefes and charitier whatfotver, that may belong or accrue to the faid academy during his office; and at the expiration thereof fhall account with the truflees for the lame, and on his neg'eft or refulal to pay and de- liver to his fucceflbr asaforefaitl the monie? and chattels in his hand's, the fame mode of recovery fhall and may be had againfl him, as is or may be had for the recovery at monies from fheriffs or other perlons chargeable with public monies, VII. Anil be it further enabled, by the muthpritj afcrefdd, that nothing- contained in this aft fliall be conftrued to prevent the truflees from diliinguifning their public hall, or their library, by the name of fuch perlons, who may wiih- in two years from the laid firft Monday in July next, make the molt liberal donations to the laid academy. Provided nevertkelefs, that this feminary fhall not be codftrued to be one of thole mentioned or interdeel by the conflitwion. Whereas it is deemed neceffary that an addition ol members be made to the board of truflees of the Salifbury acade« my : VIII. B: it further enacled, by the authority e for efaid, that the Reverend Robert Archibald, Adolphus Huffman, and Dollar Thimas Donneil, be added to the board of truflees cf the Sali/l uy academy, and be veiled with the fame pow- ers and authorities which any of the truPeees aforefaid are vejLu with, by an aft of the General Afleitbly for the en- couragement of learning in the diltrift of SaUfvury. 1 S9 Chap. XXXV. Art ail lolmpmuer certain pcrfons therein r.amed to receive, fue for and recover all 'fitch leijueffs, dor.ati. ons, benefactions aid other things as have heretofore Ueen bequtathed, given or made by uiy per/on or pcrfons ■wlatfiever, fir the ufi of the 'congregation or fociety of the Prefoyteriaji communion at Wilmington. WHEKEAS there have been donations and beq'iefts made, and monies raifed by fubferiptions for purchafing ground and creeling thereon a prefoyterian church or houfe of worlhip ; and it is fu£ge(ted that pround haih b;en purehaied for thai purpole, but thac tor want of legal authority to call the pofleffbrs to account, fuch donations, bequeits, monies and grcund are in danger of being loft. For prevention whereof : I. Be it enabled, by the General AJfemblj of the Gate of North- Carolina, and it is hereby enacled by the authority of the fame, that J'ohrrHitt, Thomas Wright, John Hajke, Thomas Machine, Robert Wells, Join Bradley ', and James Read, El'quires, iliall be and they are hereby declared to be truftees for receiving and taking into their poflelfion, all and •iin^ular the donations, bequeft-, benefactions and monies w hich have heretofore been given, bequeathed, made and raffed, and a!l and lingular the lands and hereditaments which have been purchafed for the ufe and benefit of the con- gregation or Society of the Presbyterian communion at Wilmington ; and the dilcbarges or releales of the laid truftees, or a majority of them, Shall be {efficient to exonerate all and every perfon and perlous who may be polTtfi'cd of any of the faid donations, bequefts, benefactions, monies, or land and hereditaments, given, bequeathed, raifed orpu'rcha> fed for the purpofe aforefaid. II. And be it further enacled., by the authority aforefaid, that the faid truftees, or a majority of them, fhall be and they are hereby impowered to commence and prof.-cute any Suit or fuits, either in law or equity, againft any perfon or perlons who may refufe to account lor ;ind deliver up to them the laid truflees, any donations, bequefls, benefactions, monies, or lands and hereditaments, in his, her or their hands and poflelfion ; and which had been given, bequeath. ed, raifed, fublcrihed or purchafed, for the purpofe aldrefaid ; anil to proceed to judgment and execution thereon: and when fuch donations, bequells, benefactions, monies, lands and tenements, (hall be recovered and received, the lame to apply to fuch lilies as the laid congregation or fjciety Hull direct. Provided always, and be it enacled, by the authority aforefaid, that the faid truftees before entering upon ihe execution of their truft, fhall give bond in the court of Nevj'Haiover county in the Sum of t« othcufand pounds Specie, payable tothe Governor and his fuccclTors, conditioned for the faithful execution of the truft repofed in them by this act, and upon breach of the condition thereof by any one or more of the faid truftees, the faid bond may be put in fuit by any five of the faid congregation or fociety, and the monies recovered thereon Shall be applied by the Governor for the time being to the uie of t&e faid congregation or fociety ; or at the requeft ot a majority of them may be lent out at intereft en fufficienc fecurity by bond payable to the Governor aforelaid. Chap. XXXVII. An ail to impo-wer Roberfon Mumford and James Porterh'eld to receive florage of tobacco infpecled and depofited in fuch 'warehoufe or houfes as they frail build at Fayetteville. BE it enacled, by the Ceneral Affembly ot the State o/'North-Carohna, and it is hereby enacled, by the authority of the fame, that it lliall and may be lawful for Rcber/on Mumford and James Porterftld, their heirs or afligns for the term of twenty. one years from the palling of this a<£t, to take and receiv. a ftorage on tobacco infpecled and depofited in the faid wara-houfe or houfes at the following rates, that is to fay, four fliiliings for each hogfhead of tobacco in- lpocted in the faid warehoufe or houles. Provided it does not lay in (aid warehoufe- or houl'es more than twelve months, and one Shilling per month for each hop, (head that fhall continue in the faid w.-.rehoufe or huules ovlt and a- bove twelve month*, to be paid by the perfon taking out or removing fuch tobacco from the faid warehoufe. And provided the faid Mumford and Porterficld do and fhall keep the faid warehoule or houfes in good and fufficient repair for the infpecticn and ftorage of tobacco. Chap. XXXVIH. An ail vcfling certain property lying and being in Granville county in Mary Alfton Be!), in fee- Jimple.] W 'HERE AS it is reprefented to this General Afiembly, that in the year one thoufand feven hundred and feventy- five, a gift was made by George A If hn to. Mary Alfron Bell of certain lands and one negro boy named Cafar, which in the opinion of lome of the citizens of this ftate have fince become confifcated : for prevention of which, I. Be itenailed, by the General Affembly tfthe State o/Nerth- Carolina, and by the authority thereof , that the title of certain tracts of land in Granville county, which the faid Alf.'on purchafed ot Malachi Reaves and Anne Hopkins a. bout two hundted and feve'nty acres, and alio a certain negro named C*/yan 11 hi'ft'.d, as tri.itees to and for the ufe and benefit of the credU tors of the faid Richard CafvitU in the firil inltance, and afterwards to the ufe and benefit of the faid R'ul.ard Cafwell t his heirs and alligns. jI. And be it further enabled) hy the authority ofovefci J, that the faid truftees or a majority of them,, ibe furvivcrs: or furvivor of tnein, be and they hereby ?re impowtred, authorised and required, to take.iiito their gcflelEcn all the ellate of theaforefaid Richard CafiueU, both real and perlbnal ; and in cah: of refui'al or neglect of any perfuo or per- fons to deliver u,i tli^. poiTellion of any cei\ eftate, or tj deliver upany perfonal property belonging to ihe laid R.ichur4 Cafwell to the faid trullees, or to pay to them any debt or demand which the \.vAj(icl a,\! CafnacB had or has againfh. luxh perfon or perfons, the faid tiallees are hereby further au. honied, irnpowcred and required 10 commence ar.d profecute any fuit or liiits, either in law or equ'ty, for the recovery of the lame, in .is full and. ample manner, to all intents and purpofes, as the faid Richard Ca/vfetl couldlawfally do if he was personally jrefei t, and acquittances ar.d dilcharges to grant which ihall in all cafes be binding 0.1 the (aid Richctjl Cqfyell, hi. heir. 1 xgOLttors, udmiimlratcrs; and alfigns for the fime. III. And be it further enabled by the authority afore/aid, that the truftees aforefaid, cr 3 m jjor v v ot them, the fur. y'.vor of them, flull as foon as convenient may be, advernfe in fpme'orJe cr more of the Nona Carolina pev. s-papers,.. Lheir appointment as truitaes aforefaid, and require all perfons v> ho have any demands agair.ft the faid Richard Caj\ •well to produce the lame properly authenticated, to j'ome one or more of the (aid trullees within tjl'rg/e mpnths af:e£ the date of fuel) advet tifement, which (hall be continued hi the news papers during the faid time. IV, And be it further enabled, by the authority aforefaid, that the faid truftees after g,i : -iug three months notice fli ill fell all or luch part of the real and perfonal eftate of the (aid Richard C of veil as msy Le luiiic.ent co enable them, to dif? charge his debrs upon a credit of twelve months, the purchafer or purchalers jj 1 vit. «r bond with approved fecjirijjr, payable to the faid truftees for double the fum by hi»i or them purchafed ; and the (aid trullees cr a majority of them, the furvivors or furviyor of them are and is hereby authorifed to execute deeds off; le to Inch purcha cr or purcha- sers which fhail enfwe" tofuc'i purchafer or purchafers, and have the lame et.'edl in every refpect as if granted by thd aforefaid Richard (a fw ell or h's heirs, lo. as to covey all the light, title, inttreit and nioperty which the faid Richard C a fused or his heirs have of, in and to the fame. And whereas it may fo happen that the whole eftate of the faid Richui d Caf-wt'J, jun. may net 1«J1 for a fem iuffi. cient to pay and fatisfy the whole demandi of his creditors : V. Bs it entitled, by the authority of ore/aid, that in cafe the v. hole eftate when fold agreeable to the. directions of this (tate, mdl not be (ufficicnt to dhcharge alhhe legal demands againlt ihe fame, that then and in fuch cafe, th« irullees a'orefaid or a majority of them, the furVivors or furvivor of thcra, ; re and is hereby authorifed and impewer. ed to make an equal diftribution among the creditors of the laid Richard 'Cafwell , due regard being had to each credi. tor's demand, fo as to pay an equal rate in the pound of all huh dem, nds. VI. And be it further enabled, by the authority aftrefuid, that the trullees dfrrelaid be and they are hereby required to compleat the bulinefs of their truft within two years from the palling of this act, and to render an account of their proceedings on oath to the csurt of the county of Dobb;, where the fame (had be entered on record for the benefit and fecur ty of all perionsconcerned. perhaps enure*. Chap. XC. An *a to prevent the/ale of fuch of the lands of Ralph Ma'nair, dec. as remain unfold .in this /} ate, and to ^tippwer Edward Hall, of Edgcomb county, cxecuttr of the loft -will a>.d tef/antent of the faid Ralph, to colled the debts due from the in/ ahilutits of this late to thefald Ralph, -which huve, become due lo him Jinct the ptjjng of the L-jj comsnoniy caiUd ihe expuljion ad. ' T HER£AS the property of Ralph Mdotair, late of this (late, by his departing the fame, under the direiftion of th« law commonly called the expulfion adt, lias become confilcated to the ule of the (tate, and the faid Ralph, be- ing now dead,, and leaving behind him three beiplefs orphans of tender years, and in very diitreffed lircuniitances, in, behalf of whom Edward Hall, executor ot the (ad Ralph, hatli petitioned this General AilVn.bly, on which a commit, tet huh reported as follows : " Your, committee recommend tiiat ihe falecf two tr.ncts cf land, late the property of the f lid Ralph Macuair, now^orr|ifcated and adyertiled Jor file by ArchibMLytle, Efq. comrr. limner of HiUfhoroygh 6 hri:t, be lulpet.ded until the n2>.t felhon of Alfenibly. ; ami that the laid Ed-ward Hall be empowered to collect tha #ebts due to the HI. te of the (aid decealtd, and mask; due return tt« »of ty ilj© ntttl Ocuerdi rtfieiubly ;" which ' lif jtoi t tuth bc«a contuj/ed wiih^ W i5t I. Be it therefore tr.eSci, ly the General Afjembly rf the Slat* o/North-CaroIma', and it it hereby truttted, by the Authority of the fa tie, that from and afier the palling this ait, no fa!e or fales fhall be made of any part of the proper- ty of .the (aid Ralph Macnadr, dec. by any of the commifiioners of confiscated property in thisitate, until further di- re£ted by the General AlTembly, any law to the contrary notwithfhndirig. I!. And belt further er.aSed, by the authority a'.r'ftid, that the laid Edward Hall, as executor to the Inft will and teftament of faid Ralph Macnair, dec. ihall have fall power and authority to lue for and recover all debts due and o\rincr to the faid Ralph, which have become due to him (i.i.e the paiTing of the law, commonly called the expulfion aic, aov law to the contrary notwithstanding. Pnvidait/lw'ay*, that nothing herein contained fhail enable the iaid Edward Holl to collect any debts due to Ralph and Ebenezer Macnair. ill. Aldus it further enaeled, by t 'fie authority af re fail, that the laid Ediuard //«// fhall lay before the General Af- fembly as foon as may be, after he fhall have complea'ed luch collsclion as aforefaid, an account cf all fuch ftims as he may have received by virtue if this aft, in order tharthey may judge what part Ihall be appropriated to the u!e of the orphans of the aforefaid Ralph Macnair. Provided neverthtlefs , that no luits fhall be commenced for the recoi fry of acyof the debts herein mentioned, until after thefirit day of July next. i __£ Chap. XLI. Ah at! for the relief oj Mercy Bedford, and to veft- in the heirs c/Jonas and Mercy Bedford the landed ' ef. tate ofthefald Jonas Bedford. "1X/HEREAS it has been made appear to the fatisiaftion of the General AlTembly of the fhteof North. Carolina that ▼ » Jonas Bedford, formerly, of the county of Ruthciford in the laid ftate, did in the year one thouland fcveri' hun- dred and eighty, abandon his laid wife Mtrcj Bedford, and her children, by joining the Britilh aimy, with whom the faid Juiisdid leave the fUteaud has not yet returned, leaving his fad v. he and children. in verv oreat diftrefs- and as it is reatonable and jult. that the real and perfonal eftate of the laid Jonas Bedford Lhould be appropriated to the pavment of his debts and to the tile and lupport at his wife and children ; . I. Be it th. r.fre er.t.B.a by the Geuefal Affcinbiy oflhi Stale oj North-Carolina, and it is hereby enaeled, by the autho- rity of the fame, that the faia . Mercy Beelferd be enabled and empowered to fell the perfonal eftate of the laid Jor.as Bedford, and to collect the debts due to tier laid hufhand, and after paying the debts due from the faid J >xas, to an. ply the balance, together with the faid perfonai eftate or amount thereof to the fupporr. of hcrfelt and children. II. And belt further etucled, by the authority aforefa d, that the heirs of the hid Jonas and Merry Bcdfrrd be and they are hereby vcfteu vi itii ^bloline right in fee fimple, of and to all the landed eitate of the laid Jonas Bedf.i d'\n as full and ample maimer as they ccuid have; been by a deed of gifc to them for the fame from their laid lather Jonas . Bedford. Chap. XLIT. An acl to reflore to Edward Bridgiti, bis heirs andafp.gns, all lis properly, real and prrfonal in thisfiatc, \X/"HEKEAS the eltate of Edward B'idgin, merchant of London, hath been confifcated by the laws of tl.is flare * " and whereas a committee of the General Aflembly have reported they are of opinion that the fiid.Edward Etid- gin is entitled to every indulgence of the legiflaiure : I. Be it therefore eracled, I y the General AfJembly of the State of North-Carolina, and it is hereby en tied, ly the authority of the fame, rhat all me real and" perional eftate BTftie Taief A'dwarTBrTdg'tn, lying and being in thii ftate LOiififcatecl as aforefaid, and asyet undifpofed of, and the amount of purchale money or ©^ligations for fuch part a* has been (old, be and Si hereby reflored to him, his heirs and atligns, and ihall not be liable to the operation of any confutation iaw hereioiore made. Cha?. XLIII. An ail to releafe certain perfens therein mentioned, from judgment in forfeited recognizances, and to in:- power the judges to fufper.d judgments hi re after to be given in like ca/es. "T nT7HEREAS Simon Terrell and jofeph Kirk were bound by recognizance in a fum of currency equal ro abcut two *' hundred and iixcy pounds fpecie, for the appearance of a certain William Rains, before the fuperipr court of Villfoorov.gh d ftrift, ro anfwer certain charges then 10 be exhibited againft him ; and whereas it is fully and clearly repretented to this General AiTembly that the faid Simon Terrel and joftph Kirk, did deliver the body of the faid Wil- liam in rp-n court, ag-ecable to the tenor of their faid recognizance, that neither profecu'or or evidences appearing a- gainit the faicl William, he was difcharged from the bar, paying fees$ which delivery and difchar.ge the clerk of (aid curt failed to record; lb that the faid recognizance was app.irently forleited and judgment paiTed thereon,' and -\he elfefts of the f id StmoH and jofeph :re now liable, to be fold by execution to latisfy the laid judgment ; and whereas it is further reprelented that the fa:d Simon and Jofeph are men « ith families and but very moderate fortunes and that the" execution of the faid judgment would ir.ijultly diilrels them and their families : | I. Be it enaeled by the Genera! /ffmbiy of [he State if North-Carolina, and it is hereby enaeled ly the authority of the fame, th' t the faid Simonlernll and JojrphKirk, be and they are hereby releafed, and fully and entirely difcharsicd from ths forfeiture and judgment aiorefaid, in the fame manner as if the faid forfeiture and judgment had never han» pencd. 5 * I<2 II. And be it further enacled, ihnt Join John of Ruti'etyoP ' fttwJWry (ha 1 ; b? nrtJ is hen by repealed From a judgment given on a forfrited recognizance for the appearance of J'a -i:/ J r>ij.r,ug, in the Inferior court of Morgan diflrict, it having been rnide man tfeltto this Alic-mby tba' .the faiu J o Jones was renJered unable by the 'ofs ol his eyes, be fore tfee day uf appearance mentioned in ine laid recognizance, to produce the body of the principal. 7 be l.fi Stilton CbjJete. Chap. XL1V. An ad for -appointing a treafurer in the diflricl of Edenton, for the purpofe of calling to account the com- mi/f oners for building a public gad in the di/tricl aforefaid. WHEREAS the ruinous condition of the puolic g 10I in the ciil-trict of Edenton, and the earneft defire of the repre- ientatives of the people of that diftrici for eredting a public gaol for the lecurity of felons and othei s, have here- tofore induced the General AU'embly to pafs ('liferent act*, therein laying a tax on the inhabitants of that diftrict for thepurpofe aforefaid, and appointing comiiiifJijuers for receivin., and applying the faid tax, which have not anfwered the good purpofes expt dted : I. Be it therefore enaBcd by the General Ajjembly of the Slate of North-Carolina, and it is herebv er.acled, by the au- thority of the fane, that from and after the paffing or t'lis act, 1 homas Vail, E!q. be and is hereby appointed treafurer for the diftrict and purpofes aforefa d, who is hereby veiled with full power *nd authority to oil to acceunt the prelenc andali former commilfioners, all collecliTsand Iheriftswno heretotore and (ince tbetirftda/of January, one thoufand feven hundreti and feventy-four, have been impowered by la*- for the purpofe of collecting the laid gaol tax, within the diftricl aforeiaid ; and in cafe of the refufal or neglect of the connniflioners, fheriffs and collectors or either of them, to render a jult account of their tranfactions to the treat' irer aforefaid, and to pay the balance of their refpecti»e ac- counts, in luch cafe the treafurer is hereby impowered and required to pioceed aganft luch delinquents to obtain iud-ments for the balances due, in the fame manner as is directed by Jaw for the public treasurer to obtain judgments agaiuft delinquent fherifts for the nonpayment of public taxes. II. And be it further entitled, by the autlxrii y aforefaid, that the money when collected, and in the hands of the faid treafurer fhall be applied folely to the purpofes for which the faid tax was laid, and lhall be lubject to (he orders or draughts cf therommitfioners for the time being, whole orders and draughts (hall be lutficient vouchers for the treafurer in thefettlement of his accounts. III. And be it further er.acled, by the authority aforefaid, that the (aid treafurer (lull enter into bord with fufTicient fecuriiy in the fum often thouland pounds current money, payable to his Excellency the Governor for the time being, cr hit fucceflors in cilice, conditioned for the faithful dilcharge of the truft repofed in him, and lhall annually at the firft court which Hull be held for the county of Chowan after the hrft day of March, in each year, render a jull ac- count of the monies by him received for the purpofes aforefaid, and his expenditures. IV. And be it further enacled, by the authority aforefaid, that to enable the faid treafurer to procure teftimony, commence and profecute fuits, for recovery of the (balances aforefaid, and for full compeirfatou for his trouble and expences, it Hull and may be '.awful for the faid treafurer to receive a commiffion of ten per cent, is all monies receiv- ed into his office for the perpofes aforefaid ; the money receded by the lare coiiimiiiiuweis excepted, for which he fhall receive two and half per cent. Chap. XLV. Anacl to alter the place of holding the ctunty court of B. aufort c :unty, from Bath to the town of Wafh- ington in faid county, and to creel a new court, hou^c, fr.ion, pillory and flocks in faid county. WHEREAS it is found that the lituation of the court houle in Beaufort county is inconvenient to the greateft part of the inhabitants thereof, ■which, together with the ruin;. us condition of the court houle, &c. and the want of accoinmooation for perfons obliged to attend on courts ami -other public bu'hieii, at the p. ace where the courc« houle now Hands, renders it neceflary to alter the place of holding courts to the ►own of tVii&U'giorl ■ I. Be it therefore enacted, by the Gen: r J Affembly of the State of Nortr-.CarOiina, unlit is hereby enacled, by the authority of the fame, -that Nathan t'eas, Richard Blacldedge, ant! J'feph Palmer, be and they are hereby appointed commissioners to erect a court houv, prii'on, pillory and itrtks for the lire of tee laid Vdunfy, and they or a majority of them, toagree with workmen tobuild and firailh tl.e fame at the town oW/ahington in faid 'county, and if one or more of'tlie laid commilfioners fhculd die or remove from -the laid county, then the (urvivor or lurvivjrs fhall elect and choofe another or other commil'ioners to act m his or their Head. II. And be tt further enacled, by the authority aforefaid, that the laid commifltoners are hereby iinpowered to re- teive all fubicri'ption money now collected or to be collected for building a co>jn-houfe for the ufe of the laid county in the town of Wuflfmgton, of not lels dinienfions th*t. forty by twenty five fcer, and lutEcieritly and comp'.eatly ffn fli the fame, and not to proceed in the fulfilling this act, until an ample fum is vefted in their poffetlion by fubicription. tor baild'BlK faid court-honfe, prifon, pillory and flocks. III. And be it further e;iacl-:d, by the authority aforefaid that the Juflices of the county fhall an the fir 11 court of faid co-.inty, which (hill ba held after t.ie lift day of/-*-/" V next, adjourn the court to tne fchool hotil'e which Hands oil the public lot in the town of JV»!h n ;/)'.', provided it fhall be made ar>pear tmiism there is a'firfficient fum lodged in ' the hauls of the cammiffioners for completing the buildings by this act inrtended to be bui t ; and all luits, action , plaints a;id pleas, »nd other matters anJ things before line laid xourt then depending, and undetermined fhall fta d i6? adjourned and continued .iccordingTv, and al! and evrrv p*rfon and perfon? having day in the faid ourt rnd witnefl'es ihall be bound and obliged to appear at the fame according to fuch adjournment. IV . And be it further euacled, by the authority aforefaid, chat the laid Juft'.tes are hereby imp nvered to fell the old courthnufe, and apply the money arifing born fuch (ale lo the ufe of the county lor the contingent charges thereof V. And be it en.ul.d, by the authority afore/aid, that the Juftices of the iaid county Jhall, previous to felling laid publx buildings, caule the fame to be advertifed publicly at the door of faid court-honfe and other public places in faid county, at leaiftwo nunths before inch fale ; which when made (hall be dee ned lawful, and the Juftices of faid coun- ty or any three of them are hereby impowered and required to make a title to the perJon purchafing the fame. VI. And be it further en sifted by the authority aforefaid, that all and every act and acts, claufe and article heretofore made for any thing within the purvicv of this act, is and are hereby repealed and made void. Chip. XLIX. An nil to alter the manner of .holding eUBions for members »f the General JfferrMy in New-Hanover county. WHEREAS the mo!* northern part of the ceucty of ' Ne.v Hanover is at lo a great diftance from the town of Wil- mington, that it it extremely inconvenient and burthenfome for poor perfons to attend th" elections of mem. bers for the laid county, whereby many perfons are prevented from giving meir futii ages for perions to reprefent them in the General AlTembly : for remedy whereof, I. Be it ensiled, by the General dffembly of the State rf North-Carolina, and it is hereby enacled, by the authority of the fame, that from and after the pairing of this act the annual elections for the laid county (hall be held and taken in the following manner, that is to. fay, the election fr.all begin at the houfe oi John Larkins, Efq. the day precedin-r the ihitd Friday in Augu/t in every vear, and (hall continue until funfer of the fame day in manner by law directed) when the iheruf and mlpectors lliall feal up the bailor boxes, and on the day following (ball proceed with the boxes and the feveral lilts ot voters by them taken to the town of Wilmington • and on Saturday, be;ng the ic day of the annual election tnioughout the ftate, the poll ihali be opened at ]l":!mir.gion, the teals taken off the ballot boxe;, and the election continued u ml iuniet for iuch of the county electors who (hall not have voted before and for the electors of the town .; and the poll (lull be opened on both day* at ten o'clock, any law to the contrary norwithftanJ i,g. II. And be it further ert/ffedj by the authority af or el aid, .that fuch of the electors of the faid county as may think proper may give their votes on the rirrr day of election at the houte of John Larkins, Efq. atorelaid ; and all inch elec- tors of the laid county as Ihall not vote on the laid fir/l 'day of the election, (hail be at liberty to give '.heir votes in the town of Wilmington o! the fecond and la.it day of the election ; and when the election thall be finlfhed in manner by- act directed, the tickets Ihall be numbered and the members choien (hall be declared in the ufual manner. III. And be it enabled by the authority afirejU-J, that in cafe the ieat of any member or members of the faid county Ihould be vaca«r, a writ or writs mail ii'tie for the election of a new member s ot money as (hail appear to them reaionable, to fet over fuch ferry or fer- ries any of the inhabitants of the laid eoabi :es n qliirhtg ;he lame, -free from any [charges whatfoever, on any of the •days el the courts, elections of metnbei & of the .Aflembiy or wardens of the poor, meeting of the wardens or general winters of the foid counties. II. And be it further enacled, bv the autirrif: eforefaU , 'hat the Jaftices of the (aid counties are hereby n'uhcrifed and required, yearly and every year, at the lame time that they lay the rodnty levy, to lay a tax not »xcetding lix- pence current money of the (fate aforefaid, on each and every poll, and a like tax on every hancrre I pounds of^fTeH. iable property, and a tax of two pence on every hundred acres of -land in the faid ceunties, to be collected a id ac- counted forby the collectors with the Juflices of thefaid counties, in the lame manner as other county taxes '; and by them applied to the ciilcharging of the feveral contrac ts to be made in viitue of this act, and the overplus, if any, to the contingent charges of the counties. HI. An\ be it further enacted, bv the authority aforefaid, that each and every ferryman with ■whom the Juftices ihtll agreeas aforefaid, fhall be and they arc hereby obliged to fet over, ferriage free, any of the inhabitants f the ■ . ■ 1 64. faid counties, 6ft the days' and times aforelaid, under the penalty of twenty {hillings curfent money of the ftate a- foiefa : d, for every offence to be recovered by the party grkv£iJ, before any Juilice of the Peace, and applied to, his own ufe. IV. And be it further enncled, 'by tie authority aforefa'.', tint it (hall and may be lawful for the JufticeR of the faid trw ties to take bond and feeurity of all Uich ferry-keepers with whem they thai! agree as aforefaid, in the fum of twenty pounds, tor the due and faithful performance of the duty enjoined them by this act. CllAT LII. An aft fir in'fff'&ton of tobacco in the aunty of Dj vidfon, in the town of Naflwille, on Cumberland river. \T /HERE AS the cultivation of tobacco in the county of David/on is greatly incresfing, and the inlpection of that 'V commodity effablifhcd, would tend jrreatty to the advantage of the perfons railing the fame : I. Be it er,aeJeJby the General Affembly of the State of North-Carolina, ' andil is hereby entitled, by the authority of the faerie, thatthe county court of Davidfon lhali annually appoint two ox more perfons, well acquainted with the nature and quality of tobacco, to be infpettors thereof, wholhall take "the lame oath, be fubject to the fame rules, reftric- tions and regulations, to which other infpectors in this (fate are fubject. < Jl. And be it further eratltd, by the authority uf ore/aid, that the inlpectors to be appointed by virtue of this act, fliall be entitled to receive the fum of eight fhilli gs for each and every hogfhead ot tobacco by them inlpeded, infuil for all th'ir fervices, including turning up faid tobacco, prizing, finding naila, weighing and itluitija note and ao more, to be paid by the owners of the tobacco lb infpedled. III. And be it further enacted, that thecounty court afortfaid fha]! be impowered to appoint, if they think n?cef- fary, two or more difcreit pcrfotn to fupcrintend the warehouse, whole bu ineiViliall be to pick and fort fuch tobac- co which fhail be refufed by the infpeclors. and when picked and forted in fuch. manner as m iy pais infpeition, they (hall prize, weigh and do even' nccetihry lervies thereon, for which they (hall be entitled to receive the fifteenth part of all fuch tobneco in full for all their fervices. ■ . IV. And be it further ca.led, by the authority afore/aid,, th-t all tobacco infpected in the town of Naflniille, {ball be h( Id and deemed a lawful tender or payment for all tobacco contracts hereafter to be made in the faid county of Da* vidfon. , . - Cit-.P. LT1I. An eel for impowe ring the court o/RanJclph county to adjourn to the place which thev /hall think mtfl con, ven: ent fir holding the fame. WHEREAS by an act of the General Aflembly p. tiled in the year one thoufand feven hundred and eighty- three, the p'ace for 'holding the courts of (aid county, was appointee, to be held at the former dwelling houfe of JVil • lian Bell until the public buildings in faid county fhould be compleated, which place is found inconvenient, for that purpofc afcrefaid : I. Be it therefore enafted, by the General A/ft ■tnbly of the State of North-Carolina, an J it 'a hereby enabled, bi the au- thority of the fame, that the fiid court be impowered, and they are hereby authorifed, to adjourn to any convenient hcafe until the public buildings of faid county lhali be eompleated, any law to the contrary notwithitandirig. II. And be it further enacted, by the authority afore/aid, that from and after the palling of this, act the fifth lection ot the jbove recited act, be and is hereby repealed and made void/ p. 1 i 1. Chat. LVI. An eel for the infp 3'ion of tobacco in the town of Wind fop. WHEREAS it may be beneficial to the planters of tobacco adjacent to the town of JFmdfor, that an infpecTon of that commodity fhould be eflablilhed in the faid town. I. Be it therefore ensiled, by the General /iffembly of the State (/"North Carolina, and it is hereby crafted by the autho- ' rity of t'-e fame, that the county ccurt of Bei tie {hall annually appoint two difcreet and careful men, well acquainted wiik the nature and qualities. of tobacco, to be infpectors thereof ; who fhal! take the fame oath, be fubjeft to the fame rule?, rcgul.it ons and reltrictions to which infpeclors of tobacco are f ;bjert by an a£t of the General AfT'm. bly pafl'ed at Halifax in the year one thoufand feven hundred and feventy-feven, entitled, " A 1 act to amend the Itom p'.; of tobnec; and tr event frauds." N. C. L. 2, 1777, 12, p. 337. II. Anii beit furihe- enafted, by the authority afore/aid, that the infpectors fo appointed flial! have sill receive of the owner: of tobaqco the. fum of eight Ihiliinrs for each and every hog mead ; ami '.he fum of one (hilling for each an I every hundred weight of transfer tobacco by them infpected, in full for their trouble, finding nails, prkingand every think neceflary thereto. III. Andheitfurtkrou'eltd, that all tobacco fo infpr£ted fli.ill be held and deemed merchantable tobacco, as if the fame had been infpected at any other infpeiUou within this ftate. . w CtlA.r.. LVII. An act for the infpectioh of tobacco in certain ive/iem counties. HEREAS the appointing inspectors of tobacco in. certain weftern counties would enable th^ planters to fell the tobacco theie infpected for a better price at home) and might tend to er.cojrage the making tobacco, one c£ l6$ the fbple commolt:.^ of this (late : I. Be it therefore enacted by the General Affembfy of the State »fNor:h Carolina, audit \i hereby enafled, by the au. thorhytt toe /ante, that the Juftices of each county in the. difLicts of Morgan and SjI'ijImj, and the county of Ran- dolph, fliall havepovver annually to appoint two-dfereet and careful riven, well acquainted with the qualities of tobac- co, to be infpect'-rs thereof in luchcounty, -a ho (hail take the fame oath or aftiru ation, perform the fame duties, and '. be li.ble to the fame penalties, and fhaM receive the fame 'res as other nfpedors of Qobacco in this It-ite : Provided neverti.elefs. that the tobacco infpeded by virrtie of th s act may be re-infpe&ed if required by the purchafers, at any '.\arehouie to whi.h the fame fb ill be carried for exportation, and if the faid tobacco (ha)] again pafs and be ap- proved, tie purchafer fhall pay the fees j Andfi ovid d a'jo, that noti.ing in this *& contained (hall extend to iro- po.ser any county court lo lay a tax for the purpofa of bunding a warihiufe. Chap. LVI'II. An i.cl far the inaction of tobacco in the county of Surry. \T7HEREAS it may be beneficial to the planters of tobacco in the weftern parts of this ftate, that an infpe&ion of » * that commodity be eltabiiihed in the county cf Sir ry ; I- Be it therefore enacted. by the Gen, nil Affentbh of the State ^North-Carolina, end it is hereby enacted, by the au» ikrity of the fame, that the county court of Surry fha'l annually appoint two difcreet and careful men, well acquaint- ed with' the natureand qualities of tobacco, to its irifpedors thereof, who fliall rake the iame oaih, be fubject to the fame rules, regulations, and reductions, to which infpedors of tobacco are fubject by an atf of the Gereril Affem- bly pa (Ted at Halifax, in the yeir one thoufand (even hundred and feventy- feren, entitled, an ail to amend thejtapit of tobacco, ami prevent frauds." A'. Qi L. 2, 1777: ' ! , P 337- II. And be it j ai ther enacttd, by ihe authority ef'.re/jid. that the infpedors f:> appointed fliall have and receive of the owners of tobacco the fum of -eight {hillings fc* each and even hogfhead; and the fum of one fliilling for each and every hun.lred weight o! transfer tobacco by them infpectsd, in full forthtir trouble, finding na.ls, prizing and every thing nectfT.ry : hereto, III.. And be it further enact, d, by ihe authority rf.refa'd, that all tobacco fo inlpetled fliall be held and deemed mer- chantable toba.co, as if the fame had been inspected at any other infpedion in this ftate. Provided that nothing herein contained fhnll extend or be conitrued to extend to prevent the re-inlpfcricn of any tobacco infpeded at the faid infpedipn for faid county, agreeable to this act. by th: infpedors lawfully appo nted at any inipedion hereto- fore efUblifhed by law, to which it lhaUor may be carried for exportation, if it fliall appear that the tobacco lo in- fpected has been roiled orotherwife damaged in i'.s paflage from die warehoufe in faid county to the port where it maybe received. A?:d provide dalfo, thai no tobacco inspected at faid warehoufe lhall he held or deemed a lawful tender in payment of any tobacco contract heretofore made until re-infped. dai feme other warehoufe, any law to the contrary notwithftao'ding; and that the Juftices of the count-,' court aforefaid are hereby authorised and impower- ed, at the (wil court held in .'•■ 'ay next, to nominate and appoint fuch place as they may think moltcomenieiit for luch, infpection to be held, or \varehoui\s to be elected for that purpefe. Chap. LiX. An act for erecting a town on the land < of Whitmiil Hill, in Martin county, on Roanoke riv- r. WHEREAS it is reprelei'.ted to this Ail, mbly that the land of Wlitmill Hill, on the fouth fide of Roanoke river,, known by the name of Kehuky, in Martin county, is a healthy, pleafant fituation, and very conveniently fi- tuated for trade and commerce, and 'the iMlVhhm'Jl Hill having (ignified h'.s confent to have feventy acres of- the faid land laid off for a town, which will greatly promote the trade and navigation of faid river : I. Be it enatl.d by ihe General AJfembly of ihe State oj "North-Carolina, and it is hereby enacled, by the authority of the fame, that the faid feventy acres of land be laid effin half-acre lots and ftreets accordingly, and the fame are hereby conltituted and eftablifhed a town, and fhali be called by the name of Biountfvilie. II. And be it further enacled by the authority tfirefaid, that from and after the patting of this ad, that J'feph Blount Hill, William Williams, Blake Baker Wiggins, John Da --fan, John Drew and Jeremiah Nelms, gentlemen, be and they ana! every of them, be conltituted commiffiom rs and truftees for defigmng, building and carrying on the faid town, and they (ball (land feized in an indefeafible eftate, in fee Ample, inthe faid feventy acres of land as aforefaid, to and for she ufes, intents and purpofes hereby declared ; and the faid commiffioners or any three of them, fliall have fud power and authority to meet "as olten as they (hall think necefiary, to appoint a public quay on Roamake river, adjoining the faid town for a public landing, as they fnall think convenient and necefiary. III. Beit enacted by the authority of .re/aid, that the faid commiffioners or a majority of them, (hall appoint a time and give public notice thereof, for meeting the fubferibers on the faid land, for determining the property of each par- ticular lot, which (hall be drawn by ballot in a fair manner, by direction and in the prefence of a majority of the faid commiffioners at leaft, and each fubferiber lhall bz entitled to the lot or lots which (hall happen to be drawn for him and correfpond with the number contained in the aforefaid plan of the faid town •, and the faid commiffioners or a majority of them (hall make and execute deeds for granting and conveying the faid lots contained in the faid town, to the refpeuive fubfcribei'8 for the, fame, their heirs and affigns for ever ; and alfo to all and ever* other perfon and ■ J 2 i66 perfon9 who ('hall purchafe any other lot or let* In {he f.»!d town, st the proper C9R *n<3 ehurge* of the ("nid grantee orgrmtees to whom the fame (hail be couy^yed, and -my perfon claiming any lot or lots la the faidtewn bv virtue of any fuch conveyance, Rrijl and may hold ana enjoy the fame in fee Ample. , building and carrying on the laid town, and ihey fliall (land feized of an indcfeafible edate in Ee iimp'e if tire faid one hundred acres of land, to and for the ufes, intents and pur, ofes hereby exjireii'ed ani declared ; a a they or a majority of them fhall have full power to meet as of en as they fli.ili think neceffary, and caufe a plan 1 thereof to le made, arid tberen to inlert a mark or number to <=ach lot ; and asibon as the laid town (ball be iai.l out as aforefid, they and each of them fhall have power to take fubferiptions for the fa d lots of f.ch perions us are willing to fubfer be theretor , and when the faid truftees have takni fuofcrptions for eighty lots or Upward*, they fhall appoint a day and give public notice of the day and place appointed for the drawing of the faid lots ; which (hall be done by b Hot in a fair and open manner by ihe direction and in the pn fence of a majority of the r.ultees ; and fuch fub ferine r (hill be entitled to fuch lot or lots which frui 1 be dtiwn for him, according to the mark or nombei i:i the plan of the fad to a n ; and the faid truf- tees or a majority of them fliall nuke and execute deed* for granting and conreyin^ tne 1 its as aforelaid to the fub- feribers, th'-ii- heirs and aiTj/ trs for ever : and al:o to every other p rf,n who ilia 1 purchafe anv other lot or lots in the faid to j a at the coft and charge of t e f«d grantees ; and any perfon claiming any lot or lots by virtue of any filch conveyance, (hail and may hold the fame in fee limpV. ill. And hi it.fjtrtber cniB birity qfr.rejald-, tint e.ch and every fubferiber for any lot or lots in the faid town, fhall wi bin one month a ter it (hall be .fceruine-d to whom the fjid lots doth belong in manner hereinbefore rnemioned, and hefe-rc any grim or com ey.r.'ee fha 1 be made, (h A'< pay and (atisfy to the (aid 'rtiltees or cue of them, fuch fum or fums of money 1 as the truftees or a mijori y of the ir (hall have fixed as the pike of each lot by h'm fubfer bed for; ai d in cafe • f the neglect orreluftl ot any tub criberto pay the faid fum, the laid truftees fli dl and ir.iy cemrnence and pr, feeutea fa ft for ti.e famej and therein fliall recover judgment wrh colls of fu:t: And the faid truftees & fll as too:, as they receive the money; pay and Etisfy to Sa-a/j ilettrhck, executrix, and James tibie- ad, execuior of the Eiu VIi.il SrurloHi, dec rhefuar of En pounds for each atre, in full fat;sf cfion for the Eid land, and ihe icfidue if a .y (had be applied towards tiefraymg t e exnences of laying off and improving the faid town. IV. Andh- iff rtker era ¥eV; iy lie authority rfv/jd, that in o fe Of rt« death. -refuEi loaft, or removal nut of ■■ the County, of any of the m-iWcj, the furvivc'i Jr fsuvivftrj of them arc t»e*ebj i.njjowercd fium lime to time, fcy 167 }n?irtimer.|f,f 'jprlcng under 'heir handi, te appoi t fame other perfon being a freehold? r of the faid Town, in ihs place cf h m fo dying, refuting to act, or removing as aforefaiu ; which ttuftee fo appointed fhall have t t f me powersanu authori iss a, if hi had been appoin ed b, this aft. Provided neverihelefs, that two acre* of land fhail be referv d, exclufive of ihe faid one hundred acres of land, to feuuc the dwe!ling.houle and other houfus belonging >• ti.eeftateof the laid deceaud now on the faid land. CftAV. LX r . An act for kiting out a ti-vnon the lands ofj'-d'e Peacock, in the county y r Sampfon. TT7HEREAO it hath been reprefented unto this General Afftmbly that a town in the county of Sampfon, oh the VV lands oi Jejji Peacock, near the con fluence of the Cohera and S;x-Runs, where thofe {treaties make Black, ri- Yer, weuld be conducive to the inierefts of the county aforefaid, and miy be rendered convenient to many of the "neighbouring counties : I. Be ^therefore enacted, by the Gtn*ral Ajjemily of the State e/*North-Carolina, and it is hereby enabled, by the authr,. Ttty vf the fame t that RickardClintm, Richard Herring David Dodi, William Vann and Curtis Ivey be and they ate hereby appointed coit:mi;honers to fetle with the faid Jeffe Peacock for a> y number of acres of land not exceeding o«e hundred, and the icrms on * Inch he will difpofe of the fame in lots of one half acre each ; and the ground fo agreed for lay off into fireet* not lefs than fifty feet or more than one hundred feet in width ; which lots and ftreets the faid COmnrifTicnersare requ ; red to lay down in a regular plat, numbering the lots therein laid clown, which ground fa hid off fhall le diftingu'fhed by the name cf l.ifburn. II. Jnd be it further enctSed, by ihe authority aforefaid, that the commiffioners aforefaid, as foon as fifty lots (hall be fubferibed for, all the numbers of the lots of the faid ;own fhall be plated in o,.e bos, and the nam s ot the I'ub- fcr bes in another, and when a name bung drawn out and a uumbe r at the fame t me, his fhall be thelot the number of which was drawn with his name, and 'he remaining numbers U'idrawn and untubkribed, fhali be vefted in the faid ommiffione. s fo the ufe of the laid to .in. Prrioided always, the I ubfci ibers for thr tirit fifty lots fhall pay the fnm o; thirty (hillings for each lot and no more, and that this a£l fhali nu. have eff^cl until the laid JcJJc Peacock ih.ll execute a «fu fficient conve) anct to the comm.fhoners «fo; ei iu, of the lands agreed for us aforeiaid for the laying out the faid town. III. And be it further entitle *, by the authority aforefaid, that the faid commilTior.ers or a majority of them, are hereby empo.vt red to receive the lime and to grant a certificate of the lot or lots when drawn by the fubferibers, which is hereby declared to « ed in rheai refpeef rvely a good and fufiicient title in law. IV. And be it further enacled, by the Authority afo'c/aid, that if any of the commiflioners hereby appointed fhould retnl' to art, die or remove out of t le county, the furviving commillioners lha:l be and they are hereby impowered to clert another in the room of him or them lo refufing, dying or removing. •Chap. LXIT. An ail for erecling a town on ihe lands efLuke Mezell -and William Mackay, on the fouth fide c/"Roanqak river, in Martin county. WHEREAS it hath been reprefented to this Genera! Allembly that the lands of Luke Mezell and William Mackr.y, on the fouth fide of Roanoak river, isahe.lthy, plealant lituation, and very conveniently fituated for trade, and 'he faid Luke Mezell znd William Mackay, having fignified their cot. lent to have fifty acres of faid land laid offfen « town, which vill greatly promote the trade and navigation of laid river : I. Be it ensiled, by the General Affem'oly of the Hate of North-Carolina, and it is hereby enabled by the authority of the Jame, that the laid fifty acres of land be and is hereby conftituted and eftablifhed a town, and ihall be called by the name of James.iovm. II. And be it further enabled, by the authority aforefaid, that from and after the palling of this art, that Benjamia Hnrdifon, L!q. J• ers at Icalt, and each fubferiber fhail be entitled ro the lot or lots which null happen to be drawn tor h m, and corrt-fjsond with the number in the plan for faid *ewu ; and the faid commillioners, or a majority of them, fhall make and execute deedi foi the granting and conveying the laid lots to the perlons entitled to the fame, t; tir leirs and aft. ligns :or ever ; ai d alio, to all ami even otrier'perlon or perfons who fhall purcha:e any lot or lots in laid town, at the proper colts aitd rhar-ge* • I tie grantee or piantee? to whom the lame ma> be conveyed. IV. And be it fw the enafled y tht authority v fore/aid, that the refpective itibVc: ibers of thi hid lots fhall within three ,Kr:,ri,b -' ntd to whom each of 'aid lots doth belong in manner herein b::o: v hh-i-: njnnl, p. ay ai J iiU:fy to the laid cOmmifiitttteri the imn ai fi»6 pound* ;c>r each lot by tiiem iublu'ibed &rj ancl in cafe ot t.,c rc-fu A i6S or neglect of any fubfcriber to pay th? fail fum, the Paid commifTmnrrs L ill ind may commence » fnit for the fame iu their own names, and therein lhall recover judgment witn colls. . And.! >r continuing the fucceilion ot the Lid com- miffioiwrs, be it enacled, that in ca(e of d'.ath, _ re filial to aft, or removal out ot the itate of any ot the faid comrnifli- eftu .;-, the lurviving or other commiflioneis or the majority of them (hall affemble, a. id lhail from time to tin;e, by an inftrument in writing, under their relpective hands and feals nominate foiuc other perlon, being an inhabitant or freeholder of Oxs la d town, in the place of him lb dying, refuting to a£t or removing out of the fta'e ; which new commiffioner fo nominated aridappojn'ed, fhall from henceforth have the lame power and author. ty m all {lungs con- cerning the matters herein contained as if lie had been expreffly nominated ar.d appointed by thif ad. V. Afid be it further enacled, that the faid Lvke Mizat and William Nackay may retain to thetufelves three lots each, whereon they hive a florehoufe and other Luildings already erected, any thing to the contrary not with- ttanding. Chap. LXIIt. An acl for ereFx'mg a>\d ejtcddiflring a town in the county of Lincoln. WHEREAS it hath been reprefehted to the General AfTembly that the convnilfioners appointed by aft of the Ge- neral AiJhmbly for the purpole of purchafing one hundred acres of land, and fixing on a pi ice convenient for e- rectuur tne public buildings of laid county, have entered three hundred acres ot vacant and unappropriated lands, ly- ing and being between the lines of Philip Kantelhr and Chriflimx Rhinekeartfy ant l the fame being a healthy, pleafant lituacion, and well watered, the inhabitants of Lid county are delirous that a town ihould be eftablilhed thereon; arid whereas the laid commiliioners have proceeded to lay off fifty acres of the aforefaid lands into fquares, ftreets and lots of half an acre each, and hath fold the fever al lots : therefore, I. Be it enucled by the General Affembly of the State of North Carolina, and it is hereby enxffcd by' the authority of the fame, that the faid fifty acres of land (o laid off into fquires, fitccrs ai.U lots as aforefaid, be and the lame is. hereby constituted, erected and eltablilhed into a town, and lhall be called by the name of Lincolnton. If. And be it further enaSJed, by the authority al 'orefaid, thit Jo/eph Dichp.n, Join Corouth, Join Wilfon, Joftph Steel and Nicholas Friday, Ekjrs. be and they are hereby conllhuted and appointed trultees and d rectors for deilgning, building and carrying on the laid town, and they lhall ftayd feized of an indefealible eftate in fee firnple, in the laid fifty acres bf land laid off as afbrefaid, and alfo in the remaining t-vo hundred and fifty acres adjoining thereto, for the uies", intents an J purpefes hereby exprefTed and declared, ami the faid trultees and directors ; or any three of them, ; fhali have full power and authority to meet as often as they lhall think .neceilary, to lay off two or mure lots of the faid fifty acres of land laid off as aforefaid, convenient for the public buildings, and the reiidue into ftreetf, fquaies and lots of half an acre each, and caule a plan thereof to be made, and therein to infert. marks and numbers to each lor. And whereas the hid Jofeph Dickfon, John Corouth, John Wilfon, Jjfeph , Steel and Nicholas Friday, have heretofore Ibid to le.era! perlons lots of half an acre each, laid cut within the bounds of the Lid titty acres oi jand : III. Bj it cnaHed, by tie authority a) 'ore/aid, that the laid truftees or directors or a majority of them, fhall make and execute deeds for. granting and conveying the Lid lots fo la'd oft" and fold as afo efaid, to the purdiafer or pur- chafers, their heirs and alligns for ever, and alfo to every other perlon who lhall purchafe any loc or iots in faid town, at the coft and charges of the grantee to whom the lame lhall be conveyed, and any perfun claiming any lot or. lots by virtue of any lueh conveyance fhall and may hold and enjoy the fame in fr-e firnple. IV. And be it further enacled, by the authority aforefuid, that all monies which have arifen or fhall hereafter arifeby a uifpolal of the Lid lots granted by the faid truftees or directors, or the;i fucceifors, fhall be received by the faid truf- tees or their fucceffors, and after their reafonable charges and expences deducted, and applied to the improvement and advantage of laid town,, in fuch manner as a majority of the laid truftees or directors lhall from time t«time think convenient. V. And for continuing the fuccefTion of the truftees or directors, be it further enacled, by the authority afore faid, in cafe of the death, refufal to aft, «r removal out of the county of any of the faid truftees or directors, the fuivi.n'ng or ether truftees or directors or a majority of them, fhali affemble, and are hereby impowered from time to time by in- ftnioignt ol writing, u ider their refpective hands and feah co nominate and appoint fome other perlon, being a free- holder jn laid town, in the place of him fo dying, refuting ro act or removing out of the county, which new director or d. rectors fo nominated and appointed, fhall from thenceforth have the like power and authority as if he had been axpreffly nominated in and by this act. Chap. LX1V. An act to -eftablifh the town laid off at Guilford courUhoufe bv the name o/Martinville. WHEREAS a town hath been laid off at Guilford court-houfe at the inftanct and requeft of many of the inhabi- tants of the Lid county, that thereby an inland trade might be encouraged and promoted in that part of the fhte : and wuereas divers merchants, artificers and other perlbns, induced from the pleafant and healthy fituation cf the place aforefaid, and the great number of neighbouring inhabitants have purcnafed lots from the proprietors, erect*. •»d buildings and made confiderable improvements for the purpcle aforefaid, and are deurous the faid town be efta. b'lfhed ov legifUtive authority : 1. B: it therefore enaffed, by the General Affemliy of the State ef North-Carolina, and it is hereby enacled, by the au. thority of thefomc, that one huudred acres oi land adjacent to, and. whereon Guilford court-iiouie now ftandc, belong- i6g }nider Martin a - ' Thrill ffex terf-m, E qn:r II illiutn Dent, Enj. by the wme of Martmviue. II. itnl be it further ena.ted. by the authority afor.fuid, that fiOiii'and after the pijti.ig of this ad, U'iiLatn Lent,. Rnlpb Xiftrrell, Ribertlttdfuy, Jahii'hfumilt'iTt, Ptttl a-n Dick, and B'.izjlla GanJne'r, Efq''^. be and they and every oft ttierm, arc hereby c ■:iit.:u' ."J ( o n nifli jn< rs to.- i!ie fuf-ther uefigiiirtgi builcTng a ..I improving the faid town; and il j 111 all (find ev.ed of an indefe; fi >!e eftate in fee timple, of and m the relid ,- e :f c;ie fud one hundi ed a '.res of la id thai regain undHpofed of, to and fir the lifes anil purpoles hereby exprelled aid declared, except in two lots the proprietors fhail itoke choice bi ; w Hich are herebv relerved to each of tneir p oper nle and behoof in leverahy, and their netrs,.-ind aliigns for ever. And tne bio c.-immiihoners or a majority of there, /ball make. and exfcute deeds to fu>.h re ( dive pcilo is -a bo Ih.iil bag pn w pM ch dens oi any lot or Jots m tee bid town tha-t remain unfold bv • the pro- - pnetors aforcf ;U, at iht cod and.cbarg.s of the grantee or grantees ; v h ch lit or-lots, by virtue of the laid convey a .,-, lhall be held to Inch ptirc:ialer or purchafersTri fee fi tiple, c his cr theie heirs or afhgus for ever. • 1;I. Aid be it further en^fled, by the- a; thoriiy 'dfor -efaid, that alf monies M'niclV ffiall ar.fe irom the difpofal of fne lots ot the fa d town by the comuniiiontrs (lull be receh ec! by them cr their futcefiors, and after deducing their rea. ionahle charge's and ex; encts, ihe fame lliail b« p.;id by them to the laid Alexander Mat tin and Thomas Henri erf on, their exec itors, adminiltracors or alliens. And for ihe conii .uing trie fncceffion of the fad cornrniffior.ers, be it further- ertacTeJ,. by the authority e}orefaid t -. that in cafe of t lie death, refufal to act, or removal out cf the county of any of the laid conmiiflsoners, the furvivors. 01 a majority of them, lhall aflemWa, ai d are hsre ;y autbprifed to ndrnhiate and appoint by ii.Urument of writing un- . iter their hand?, fome other perlbn being an inhabitant and freeholder of the faid county, in the place and room of him to dead, refilling to act, or removing out of the tnueby aiurefaid ; .which laid 'cominiGioners fo appointed, lhall Lave and exercife all the fame powers and authorities -in all matters lieiein contained, as the perfon in whole roor.) ar.d tbad he was fo appointed had and exerofed. Provided always, that tie fprings and water-couvles in the faid towri ill Ul be relerved lor public ufe, and the inhabitant; thereof (hall have freeegreis and regrefs to and from the - tame, by fuch lireets or alleys, as (hall be deemed and laid off hibft eonver.ieiit by the faid commifJioucrs, any thing contained herein to the contrary notv/idiflandinj_<, . Cl'AF. LXV. An actio eflabl'ifha town in the fork of Cumberhnd and Rtd river on the e.ijj fdetf Hed rhicr in D.;v:cl- fflii co.tnty. ■ \X7HEREASa town has been laidoff in the fork of Cu.nbenand river and Red river, on the eafl fide thereof, 'ai'd- *» a confideiable number of lots lold by the proprietors, and the purchalers of thefe io s are delicous that- the ' tpwn fhoi'ld be eilabl. fliecl by legifl.iiive authority : I. Be it t-eref-jre enacted, by the General A [en It of the Srite o/"Nor;h Carolir.i, r.nl it it hereby en 'ded, by the authority of the \v;ie, that two hundred acres of land I) in >; in tne fork of the Cwnbe land Hvef and Red river, on the tait fii« Jrareof, belonging to JoblpMofitgQmory and Martin AtmfirM^i Efq'rs. who ha'-e fij,n:fi .i the>r confent for thislpiwpefej be eilabhflied a town and tO>*n comaiJ.i, agreeable to a nlaaiaid off by ti.e laid /; a tin Armj.nrg, Llq. I) rlie name of CI rkefvlh. l!. Ar.d be u jui t : \r dii.Sed, bvtbe authority aforefaid, that !rom and after the pairing oftfili aft, John teentgomeYJf Anthony B foe, Anthony C-uther, William folk and Lardner Clarke, F.iq'rs. be and tiuy and every of them "are Ik iv- by conlbtuted conmil;io:iers, tor tne further deli^omg, building and improving the faid town, and they flia'.l (land k-iz.ee! o' an in lefeafible ella'e in fee liinple, of and in tne refidue of the f dd two hundred acres of land that remain u.i- dilpi fed > f, to and lor the u!es and p'.irnoles hereby expreiied and declared, except fuchbrs as t'ne prnp'ietors lhall nr-ke choice of, which are hereby relerved to each oi their proper ufe and tiehoof in lever aky, and their heirs and af. ' li us for e ver ; and the laid conmifiioners or a majority of tbcin, lhall make and execute deeds to fuch relpectivs perfons as ftiiil become pm chafers of any lot or lots in the faid town that remain unfold by the proprietors atorefaid, at the colt and charges of tl e grantee or giantees, which lot or lots by virtue of fuch conveyance, (hall be held to fur'i pur.iiaier or pu;cha ;rs in fee fimple to bis or their heirs and aifigna for ever. III. And be it f; riher er.a&td, l>r the authority ajortjaid, that ail monies- which lhall arfe from the difpofal of the lot of the lai d tow n by. the cojumiffiqntrs, liiail be received by them or their, fucceficis, and after deducting their - leafonable charges and expences, the fame fliall be paid by them to the faid proprietors, their executors, admin iflra- - tors or affigns. And tor continuing the fucceffion c'f the taid connniflioners ; IV. Be it furt her enaEiei, by the authority aforeiaid, that in taie of death, refufal to acT, cr removal, out of the cru ,ty, of any oi the fa, d ccmm.i!icne]>, the l'urvi\ors, or a majority of them lhall :.ffenible, and hereby are authori- ze^ to n miniate and ippoint, by inflrument in writing under their hands, fome other perlou. being an inhabitant and freeholder ct the faid county, in the place and room of him fodeid, refuting to act or removing out of the county, which laid coTntmfhoners fo' "ppointed, lliail have and exercife all the fame powers and authorities in all matters her:- hi contained, as the perlon in whole room and Head he was io appointed, had and excrch'ed. 170 Chap. LXVI. An aft to amend an eft to e/fahUfh the town of Morgan, and to i\re!t thelnWdiltg a court -houfe, atii frU fin in the lame jar the ai/iriB a/° Morgan.- XXTHEREAS agreeable to the above recited aft the lots fronting fix ro is on the main ftreers, are extended no more * * tlian twelve rods back, and it is reprefented that it would b.- more convenient ano advantageous to extend the fa id lots twenty-four rods back. I. 'Be it er.aBed , by the General Jfjembly of the State if 'North-Carolina, and it is hereby enacltd, by the authority of the fame, that ail the lots fronting fix rods on the main lireeta of laid town, and no more, fhall be extended twenty -four rods back. Ch ap.jLXVII. An aB to amend an aB for e/}ablfhing a town on the landof Richard Evans, by the name fl/Martinborough, faffed at Nrwbern, 1771 ; alfo to amend another aft to amend the before recited acl, faffed at rsewbern, in March, 1774. /. *4 6 72. WHEKEAS by the before recited aft, no provifion has been made to enable the commiffioners to make title! to lots in the laid town : I. Be it enaBed by the General Jffembly of the State of North- Carolina, and it is hnebv era fled, by the authority of the fame, that from and after the palling of this aft, it mill and may be lawful for the faid commiffioners or a majority of them and their lucceflbrs, to give a deed or deeds, to any perlon or perfnnn, their heirs and alligns, who have not had deeds for the lot or lots drawn for them, Provided, they can make it appear that r hey have paid thepurcbafe money to the proprietors or treafurer ot faid town. II. And be it further ereBzd, by the authority afo'-ffaid, if any perlon or perfons have had a lot or lots drawn l«r them* and the purchafe money has not been paid, and they, their heirs and alligns, lhall make amplication to the com- miffioners within four months after public notice is given, and pay the purchate money, and the in:trett from the time ofdrawing foch lofor lots.then and in that cale it lhail and mav be lawful for the commilfioners of thefaid town togive a deed or deeds forfuch lot or lots in the fame manner as deeds have heretofore been given. Provided neverthelep, that if any psrlbn orperfons fhall fail to make their claim within the time by this net given them, then and in that caly, that George Miller purchafed of John Campbell and Alex* under Ai'CuUoch, as agents far Henry M'Culloch, three hundred and twenty acres of land, on the twenty-ninth of'Decemijr, one thoutand leren hundred and fifty-feven, for the coifi deration ot twenry. fit 2 pounds i and that the deed of conveyance for. the fame is torn and great part thereof loft without being registered ; and alfo that the afore- named Garge Miller, after being pofleffed thereof near twenty years, hath fold thefaid lands, viz. two hundred and fevsnty. acres to Michel XediuiU, and fifty acres to Mat/mn Oa-key.; and that the faid lands hath been fo fold, viz. filty teres by the faid Qukey to IVillism Jones, and the remainder two Hundred and fe verity acre* by thc'iaid Redwillm i7i (torgt Latnt *'r>r.: And writrriM the efrafes nf fair and honeft purchafer3 may be drawn in qucft'on »he original deed no; having beer 'T.ived ard i-'j i't-red : for n n c i whereat, !. Eeiiettcftd by the Gtner I Afl'emB y oft he St0ti G/Nert'i-Carolina, and it is b.'rebv etiaftcd, hy the authority of ibe fame, that upon registration ot the fragmtfP! of the laid original deed, and of the deeos to Mich/el Red-utll and TV. tthan Oakcy, tae fame (hail be good anil vaiiti ro all intents and purpofes as the original would have been, had the fame been regiitered entire acceding to law ; any law to the contrary notwithstanding. Chap- XXVI. Art addnioml aSl to an act, infilled, "an aft for the regulation of the town of Neiubern, and for other purpoles." p. 83. YT HEREASit is neceSTary that the conduct of idle and diforderly (laves, free negroes, and per(bns of mixed V V blood in the laid town, Ihould be properly retrained, and that Such regulations be made 'relpe&nig them as will prevent the mifchiets and evils at prefent existing ; I. £.■ it therefore enacted, by the General stffembly of the State of North-Carolina, and it is hereby enabled, by the aw thority of the fame, that the cornmifiioners of the laid town to be appointed at their next annual election, ai;d their fucceffors, (hall have full power and authority, and they are hereby directed to make Inch bye-laws and regulations ■with f uch penalties from time to time, for the restraint of idle and disorderly (laves, Sree negroes, and perfons of mix- ed blood, ai to them Sluil appear juft and neccSLry. Prcvidtd, that the Same be not incompatible with the laws of this itate. II. Ard be it further em tied, byihe authority cfcrefaid, that the Said ccinmiffiriiers and their fucceflcrs, Shall all* from time to time make -and adopt any laws or regulations that they may deem nec^lTary, to prevent perfonsfrom tra- ding or dealing with the Slave of either the inhabitants of the county ol Craven or of the Said town ; and that all fines that the faid ccmmiflioncii may levy lor a breach of anv of their laws or regulations, (hall be recovered by a warrant and determined before ajnifice of the Peace. P 9 voided neverthslefi, that nothing herein contained (hail be conStrued to prevent or debar any perfon thinking him or herlelf aggrieved by the decision of any Julbce on fuch warrant, frot* a right ( 1 appeal to the court of Craven county , firft giving Sufficient feturity, where the caufe Shall be tried de novoby the Judices of the Said court tr by a lawful jury at the option of the apetlant, at the firll court to which the appeal i« made. And whereas by an aft ot Aflemhly palled at Newb:ru the fifth day of December, one thoufand feren hundred and fixty (even, intitled, " ana ft /or invejiing certain lots in the town of Newbern in his excellency the Governor and his fuc *' crjfhrs," in the fifth feet ion of the Said tecited act, it appears that £t/f». Street was then veSted in his Excellency the Governor, which has been prejudicial to the inhabitants of faid town ; N. C. L. 1767, 4, 23 t. HI. Be it enuftid, by the authority cfjrejaid, that it fhall and may belau ful for the laid commiffioi'iefs or a majority •f them, at their Grit meeting, to cause that part of Edtn-Areet which extends (rom Trent-river to Pollack Street, and which by the betore recited act veiled in the Governor, to be again opened for the benefit of the public in the Same manner as an) other Street in the'i'aid town, any law ro the contrary notwithstanding ; and ;hat To much of the afore recited aft as comes within the purview of this act, (hall be and is hereby declared to be repealed and made void. Pro- vided, that nothing in this aft-cont tined Shall extend to enable the faid commilfioners to encroach «n any of the public buildings, or on a:iy part of any of the lots purcbafed for the public in the faid town. Chap. XXVI I. An eft to autkorife tie late commiff.oners of fpecific fupplies for the fevcral counties therein mentioned it colled tharreoragts 0) I pec if c taxes yet due from the inhabitants thererf. WHEREAS the fpecific taxes heret fore afleSTeil on the inhabitants of the counties of Bertie, Burke, Rutherford, Randolph, Tyrrel >md Frank'in, have not been fully collected, and it may be doubted how far the late commilli- •ners appointed for the collection of the Said taxes have now a power for that purpofe, or whether they have any iit ■all;; I. Be it thet tfore er.tctcd t that every perfon who has been duly appointed a commillioner of fpecific fupplies in any •fthe laid counties for any one or more years, who has not fully collected the fpecific tax due from the inhabitants of the county in which he was appointed ■« commissioner for any luch year, his executors, administrators or appointee (ball have full power and lawful authority, and the laid commifficner, his executor, administrator or appointee, is ard are hereby reejuired to collect the fame within twelve months at farthest after the palfing of this aft, and to ufe al] and every the methods to inforce the payment of the faid tax where the fame may be neceflary, as Such commiflion- er was lawfully invested with the power of uTing when the faid tax become due ; but eTcry perfon owing the fame or any part thereof, fhall w hen called upon -for payn ent thereof under this act, pay the laid tax in enrrency, according to Cucli rates of commutation for mot.ey as were eltabhflied by the refpective afts under which Such taies Severally became due, and where no luch rates were then eftabhfhed, according to the rates affixed by the lair Specific tax law. II. At a be itfuither enacled, that the reSldi.e of the faid taxes now due, when collected, Shall be accounted Tor in fuch manner and according tc Such rules and regulations a* are prel'cnbed for collectors of public monies, and Shall be fubject to the fame penai ies for neglect Or 1 efulal. III. And be it further ewcled, that iu-all -cal.:s .here any perfon fhall allc-dge that the faid tax afleffed unon him of htc in any year w psrt intfreol i>a;> beet; paid, and thai he or She cither did not take a receipt for the lsuit cj thai u» 1-2 reeejpj has h.::c:i 'oil, rtffl «i<- o ■! RtowW h Qj '■ bfq ' '■ r J I - flioh pej f ■■ so F»{i1{ fowl hth rspf.hefon r - ir.' J -dike of the Peace, or affirmation, a J luch o .,.: ■ r , (b i tie laid md tjkeu . uifi i jvr . - r, >=i -...% waspiuio,- ,)'n r'nei-Lof, .1 .1 Ih mi dpcrat : as .: j 1 .. oi '.V.laue, ofiuch. '•• t , iien .. : ;.:l be lb I < r:i or : ffi ;ikJ ro. Povi.td. rhat,;lui*ft$ lhalU*ftt .eaabje any cpmm.iiionei us i ( , m., a.or or appJinee, toco Ject mors ti aa a fingle•->>*♦ {gr: o le th ou&nd Seven Lu.idred a id ii^ty Ux, eniiiltd, an act foi* eitabihk 1 g a !_,..•> i-d>yttfe hi t.ie iuwu oi i\' c i» m < />f» »." />. 125. .HE \£Ao the Nezvbcri .-pt'emv ejlabliflied by. the before qacjted act will pruir.ons ii;.. vaiu-ibl? and ufVfuj pur^o-. po es for which it was Litem ed if prope.: ly eii^ou, aged$ and as it bath been reprefem; cl c » thispejjer^! Ail .iiv Vv Uythataloi of land with the improvements thereon in the .town of Nev/bettfi cpm.yonjV. cabed auJ kiio -n bs 11 appella ionef the Glebe, which w, s iormerl/ prchaled 1* the expence of the mi;., tan s of the county ui Craven for - the refidpnee of 1 minuter of trie Ep ifcopal chinch, would tend to ihe.niireaie of the funds of tiie laid academy, ii the Jain wis veiled i.i the trultees thereof; 1. Be it there/ore enicled by the General Affe.v.hly of the State of North Carolina , and ii is herely epacli d by the a-Jht. *'fyofthefa.ne, that the Jot of land in the to.vn ot .Veiub:ri, fituste on Middle «.;id John/ion Itrtets, arid known a d defcribed in the plan of the (aid rown by the number three hundred and twenty- two, t< gether with ill 1 e in pi ove-j ments thereon, be, and it is hereby declared to be vetted in the nutlets for promoting and eir..bi iJhing the A'lwbe. n acaoemr, and their luccelTor; forever, in '.rnft to and for the benefits, ules and purpnfes of the act tmy ; anil the laid tiufteesor a majority oi them, at their firlt meeting after the palling of this act, may take poffeliion ofthe i'ai.l lot and improvements, and rent or otherwife di pofe of the fame in luch manner as to ihem may. appear molt advantage- ous to the laid academy. C.HAP. XXIX, /fn aft f r r improving the navigation to Nc w'uern. WHEREAS it is reprefer>ted to this General AflTcmbly rhat the navigation for fm.-il! vellelsfrotn Nevjbern to Cm. cock bar and Beau/cri, may ba greatly facilitated by cutting a Cinal acrols a certa n point ot majih fi jm lurii* b*v 'o Long bay ; and that the property of the marfh, fo much of it as hath been fury eyed, is veiled i.V 'Richard Blackledg j and Aimer Neale, who have con leu: ed that a canal (hall be opened through tne fame : 1. J3;' it therefor* cnacled, by the General /SfJembJy of the State (/"Ncrih-Caro ina, ana it it hereby e>wcl>di' ly the an- Priority of t: again-h iy to 'Loiig bay ; aod they are hereby au.horifed to lue lor and recover all .;jch funnof money as (hail be |ubfcnov.d :or that pu; pele, as.*i the canal whei; they (hall have opened the fame, (hall be deemed a public canal and tree tor all velu.li, forever. C'Ai^. XXXf. An act to repeal fart, of an aft faffed ff Newborn the twenty-ninth day f Decembeir, Jeventeen hun ' ' end eighty fi.ie, entitled, "an act for dcdioyiiig wolves,- panther:, bears, crows and fqjlrrels in the ieveral cou Hies therein mentioned." p. 155. I. T"> E it enailed, by the t7c neral Afimih of the Stale of Morth-Carolina, aniit is enail. d by tie autho' ity cf 1 be a;ie t jO that from and after the p«min_rof this act, ti.e before recited act, avid e^er,' article thereof as iar a^ reiat 10 the counties of Wake, Rutherford, Meckl nbwg D r Abs, Eru.fwick, 7yml, Wjlhas and Surr.y, be, and the .a.K- is hereby repealed and made utterly void, \o far as the fame provides for the killing and deifruclio.i of crows and iqarrelb. ( hap. XXX1JI. An acl j-ir the better regulation of the JVavi oj HiKfboiough. WHER.EAS it is the interell of ihis lta:e to regulate the towns thert( f»ndenci ura^e ther trade, and the laws heretolore made for regulating, the town ot Hil/Jboroiigkhayepvpvhd deleclive and inconven'e;vt : _ !• $e it therefore enabled ,'y the GeqerQl //f/embly if the State cf North-Carolina, ani it is hereby ci. ailed 'd fliall be received asevidence in any court ot law or equity. I!. Be it further cnacleJ, by the authoi ity afcrefaid, that feven comnnrnVners (hall be cholen on 'he hilt Saturday in, February next, and the (herhToF Orange or hib deputy is hereby required 10 attend at the court houle, or fome convv- niei't place in the (aid town on the fame day, and at t! c hour of ten cAlo k in the morning, to open the poll and > f ' <- e *-'e the txkets in the pretence of two in pectors ; 3: d when the electee ihall be finiihed, ftich returning officer and nifpeclors fliill in the prefence of fuch of the electors as choofe to ratend, examine and number the ballots, and the ^P/fons having trie grea eii numlier of ballots (hall oe declared duly el>.cte I ; and in l.ks m.-.iner the faid (Leriil or t' e * Jt^nzr, fii-ll giving t^n days uocicv by public atl'vertUeoietir, (hall on the Grit Saint-fa in February in every year al- ! 73 tetwarJs) in the fame manner open the. poll, receive the tickets anJ prO-Iaiin the cimmiiTioners for the et filing VGac, und«r ciif penalty of titty pounds tor e >•:.-.■ ileglwcl or retuial, to be recovered by action of dfebt in the coui t oF the county of Orange, by any per ton who mall fue for -he lame. in one 'year aitft* fuch'neglsfl of refnfd, one hall ; > the profecuter, theo.iie>- halt to ba pad to the treaftirer of tie town for the life of laid ;o.vn ; and thn cotnftiHDoW- er^ id cholen Ihall befoie they enter on the execution of their office take the following (Mth s '' I A. B. do /wear, tint .' faithfully di/pbai --e the sffiice of a co f* riiffiomr far the town of H.!liborou_;h, agterabk to lUft) dnd to the belt of my " knnuledge e.id judgment." III. AntL.be it ftrtlxr en.;il:d t ly thr authority ajytfAJ, th it the commifiionf rs (hall appc-nt one of t-.< ir c.vn hotly to act as treafurer of the town lor tint \ ear, to receive and sec Hint for the town monies, for Which a regular ei:try muii be made in a book kept for that j.nq ofe ; .,\v.l apofl the appointment if a nc.v m-al'iirer the old one Ihall imme- diately, pit's his account >■. ,.h hm, and.pjy aoy balants there may be in his hinds : P ovided, thaf before fi'Ch tre'a. lUrar enters upon his office, he ihall ^ive his bond with good lecurity ; payable to tho-'oawniilioners for the faithful difthtrge of his duty. IV". An I be It further citified, by the authority ajirefoid, that the commiflioners of the -laid town iTull choofe and ap- point a proper perfbn to be their clerk, to act as Inch daring good behaviour, who ihall be allowed a reafonable fa- lary, and enter into bond to the laid commiflioners and their iuccefl'ors, with two leairi ies in tile fun of one hundred ar,d fifty pounds lawful money of th'13 (lite, for the one and Faithful execution of his office, and the truft re'pofed in hun, for the iaie keeping cf the bocks and papers put into his care, and keeping A regular arid ,; >ir journal of the prO« ceedings of the comsnilher.ers during his continuance in the laid office ; and the laid clerk is herefciy aitthoriled and re- qntfted todetr.and and receive fro. n the perfon or periors in whofe hands the fame may be, al! tHe books, journals an'd pipers belonging to the laid town, which were in the poiTeflion and care c-f the former commillioners, to which b lokij j ifM'oals and papers all perlons Ihall ha\ e free accels-on paying one (hilling*, under the penalty of forty millings for every retufal Ih of afore faicl is hereby impf,,*,^ — ,., ~.. v >^- »- ^.,..— - .. , u ..,^ .,, lTOV .... ... «* «.^,,..^. * u , ii ^„- hc taxes j and the, monies ariliog. therefrom, sfn r the deducting one half per cent, fo r cotmnhlioi s, lha'l by him be p 1; , into the hands of the town treaftirer, to be by the commiliioners applied and laid out in clearing, cleaning and re- pairing the flreets and public pallages, paying officers for tranfacttng the bulinels of tt'e town, and i\i fbch otlicr pub- lic work and butinefs as the conirndfiontrs may deem necelTary. . VI. AtiU be it further ena£ied t ..by the authority aforefaid, that if any commiifiorrer fha'I [after notice or fnmirons fubtenbea by three of the commiiiioners andconnteriigiied by the clerk, futeh notice or fnmtnons to contain the time i'nd place of meeting, and. to be ferved twelve hours at leaft previous to Ittcli meeting) fail to give his attendance, lie rfeit and pay fen (hjUuigs, unlels prevented by licknefsor inch other cau-fe aslhiii hs !at,sf.icloi v to a board cf Fioqers, « k.ch ili.ni not confilt of leis than a niajotity ol the « hole number, fnch hue or forfeiture to be recover- ed by i warrant iro-n a Jullice, and r.pplied as 'he fines heretofore memioneG. Vfl. dnd be tt further, enqfl'ed; by the authority aforrfaid, that the commiliioners of the raid town are hereby empow- sred and authorifed to employ tiie lurveyor of the county of Orange, to i'urvey and lay out the laid tuw 11, agreeable to t u e pri^jpa! plan tli'.reof, and to mark the fame. Yih. /fUdbz it further exacted, by the authority afirefad,- that the inhabitants of the faid town, dull and imv be r.t. liberty after tiie palii tg of this a.'r, to rai'e fwme, gee)'.-, or any other It ock, and iuft'er them to run at large in the laid town ; any law heretofore to the contrary notwithfland ng. iX. Ai%i>ht it ' l ;:ii'7.-'d, by ihi au>):;r'tty <,f)'-tfa ! d., that all unimproved lots within tiie tcwir aforefa^d (liall pay a tax of lire (hillings > early,, to be collected at the fame time, and as other taxes impofed by thi« act. nrti fes. A. /r,,J r ' it frt Lr <-;;..? d, by Jie'authority nfcrefaid, that nil tad eveiy other act and a6i. c , and every claufe and tide thereof heretofore made wiihin.the purwew of tins act, is and are herer.y repealed to all intents and purpo* Chap. XXXV. An ie>H for the httter regujaikn of theto^on of Halifax, and extending the liberties thereof ; end/kr alteri I hying ar.d hvying taxes in the tcvjn if Edenton. WHERF.A3 it is the '.titereft of every Hate to regulate the police ofits towns and entourage tht ir trade, nrd t!ie laws h.eretoFort made for repula'ti'ng the town of Halifax have proved defective and inconvenient : and where- many years during tiie hire war no coinmiffioners were choferc, and fome lots may remain un convey eo to the proprietors, and doubts m iy :r:fg concerning the titles to the fame : 1. Beit the; : by the General Affeynbly oj tbf State f Ncrth-Carolins, audit is hereby em Fled hv the eruilo- . rh'-. t;,e books in which the proceedings of the cotnniillioners have been entered by thcmlcl-. •-; or th m- cler;:; respecting the election of commiffioner;, laying raxes granting and conveying lots, draw ing Ids or- ders and feith 1 refpect to the to.vr. tBOiiie*, and all the proceedings agreeable to the acts heretofore jfefled X a . m lot the rrpulatcin of the fa;d town, fhall beard are henby cci.firmed, and ftali be received as evidence in anyecurt of law or eqn.ty. And whereas the election of commifiioners hath (omeiimes lapfed, owing to its not being die duty of any parii-. cul.ir perfen to notify ana dired the fSme .- II. Bt it further mailed by the authority afore/aid, that five commitfioners/hall be thofen on the firft Saiuuhy in Fe- lrua>y next, and the inerill of Halfax 01 his deputy is hereby required to attend at the ccurt-houfe, or feme conven- ient place in rhe faid town on the fame day. and at the hour of ten o'clock in the morning, to open the poll ami re- ceive the tickets .in the prelcnce of two inspectors ; and when the election (hall be finifhed, Inch Veiuruing officer and infpeilors /hall in the prefenceof fuch of theeleftors as choofe to attend, examine and number the -ballots, ami the perions having the grcateft number of ballots Ihall be declared duly elected ; and in like manr.er the laid fheritf or lis deputy, fh/t giving ten days notice by public advertilement, drill on the firft S.itwdiym January in every year aher- ■wards, in the fame mumer open the poll, receive the tickets and proclaim the commilhoners for t lie enfuing year, under the penalty «f fitly poundi for every negk d or re/ufal, to be recovered by adion of debt in the court of the county of ha 'fax, by any perfbn vt ho fhall lue for the fame in one year after fuch negled or refulal, one half to the profecutor, toe other to be paid to the trealurer of the town for theuleof the faid town ; and .he coniniiilioners fo choi'enfh ill before they enter on the execution of their office take the following oath : " I A B foj-toftr, that I " -will faithfully dif charge tr.e office of a comnuj/iomr for the Uuwn monies, for which a regular entry mult be made in a bock kepi for that purpofe ; and upon the appointment of a new trealurer the old one fhall immediately pufs his account with him, and pay any balance there may be in his hands : Provide/!, that before fuch trealurer en- tej-s upon his office, he Hull give hi; bond with good fecuriy payable to the coinnuflionersfor the faithful diicharga of his duty. IV. And he it further £nacled by the authority afrefaid, that the commiffioners of the faid t own fhall choofe and ap- point a proper perlon to be their clerk of the faid town, toad as fuch dining good behaviour, who ihall be allowed a rea'cnable (alary, and enter into bend to the com.niUkmers of die laid town and their ■fucceffers, with two fu/Iicient ic.cur.uies in the fiiaj of two hundred pounds lawful money of this ftate, for the due and faithful -execution of his office and the truit lepofed in him, for the Jafe keeping of the books and papers put into his care, and keeping a regular and fair journal of the proceedings of the commifhoners during his continuance in the laid office. And the faid clerk is hereby authonled and requefted to demand and receive from the perlon or perfonsin whole hands the fame may be, all the baoks, journals and papers belonging to the f.,id town, which were in the pofle/fion and care of the former commifhoners ; to which books, journals, and papers all perions /hall have free accefs on paying two /hillings, under the penalty ol forty fhiiings for every rcfulai. V. Ana be it further enc.Fl.d by the authority aforefM, that the commiffioners of the town fo chofen aid qualified a- greeable to the directions of this a£t, ball be arid the? are hereby incorporated inroa body politic and corporate by the iiameorthecoiiwfuoiiers •{Halifax, and by that name 10 have annual fuccelhon by the election of the freeholders •-•-any gut or donations whatsoever to the laid town ; awJa.lo by the fame name to lue and implead, be lued and impleaded, nnfwer and be anfwered, in all courts of re- cord whatfoever, and from ti»s to time and at all times hereafter to make fuch rules, orders, regulations and ordi- nances as tothem (hail feem meet, for repairwg tfee-ftree^ appointing a town coniiable or conftableS, town watches or patroles, and making proper allowances by lees or orherwile for fnen Cervices and for all fuch other neafl.ry or. dmauces, rules auu orders which may tend tothe advantage, improvement and good government of the faid town, and the lad ru e;, ordinance, aud regulations ftam time to time to alter, change, amend and difecntinue, as to the laid euminillioi.ersora majority of them Ihall appear neceflary > and aiio ihall have lull and ample powers 10 enforce a compliance and oMervance to jueh r.egn.'a:icrs, by layii g lines and penalties en thefe WfrefhaH refu:e cr negled to con- torn, to fucu rules and regulations, not exceec'icgiwe pounds, and in tie cafes of Haves the punilhnie.it of thirty- nine lallles ;t,itiaaj penalty lobe recovered, and thepu.nilhment inflided in maimer hereafter mentioned ; ProvU uea, that Inch ru.es and regulations are not inconfiftent with the conlbtution and laws of the lap j. And whereas ihs proper office of the laid commiiiioiiers is that of making bye law s and regulations for the govern- nunt of the laid town, and it has been found inconvenient and often impradt' cable to call together the faid commilfio- i.ers, for the immediate purpoico puuilhing offenders, Whereby the /aid regulations are never proper!; carried into clttct : for remedy wbei eof, r • '• VI. Be it enaffed, by the authority afcrefaid, that a proper perlon fhall be elected at the time and in the manner herem direded tor the election of commiffioners, who Hull be called the taagifrrate of police for the laid town, whole duty It Ihall be to emorce obedience to the laws and puni.h offenders • and Ihall be, and b e h hereby authorized to il- ue h.s warrant, directed .o the ihenlf, deputy. Iherift or town co.dlable, to ' fummon ail offender ag..iaft the law,, 5S and «'r.linances made ana prov.ded for the re.,vu!ntion of the laid io.vn, to appear before him, and on their con- *&V>B, .WAIM Ihall be hi the manner of trials before Jufticesof the Peace, the faid magiftrateis hereby required and I7 5 author'fed to give judgment and award execution agreeable to the laws, rules f.nd ordinances provided for the govern- ment of the !a,d town ; w hich wferrant or i xecu'ton the faid fheritf, deputy fherift' or conltable is hereby required to execute, and on fuch trial* cr enquiries is hereby aurhoiiled and declared to poffefsall the necellary powers to admini- ster oath?, and fobpoena anu e:.amine witnefi< s nnd (hill take the following oath before he enters on the execution of his office : "I A. B. dofdemrdy /wear, tlu.ta a magi,'; rate of police for the town c/llalsfax, J -will do equal right in all " cafes what foevcr to the beji cfir.y judgment, ana according to the laws, rules and ordinances madefer the gcrd government " of the faid town ; t.l. fines and amercements that tr.ay happen to be trade, 1 -will aule t* he duly tetui ned te the prut er of. -*'ficer, a d it: a I things be! nfmg to my office dutiig my continuance therein, 1 -will faithfully, truly andjuftlv, according " to tbt bejl of mvjktll ai.djiidgnunt, do eijital and impartial juji ice te the public ai.d to individuals." And wherea- tne laid to* n has been lditl out on a narrow Hip of land exteiding from Roanoke river towa> ds Quanhjy creek, f> that many perfons hve without the limits of the laid town, yet are to neceflarfy connected therewith, thac thev ojght to be within the rules and regulations made for the government of the laid tow n : VII. Be it euailei therefore by the authority aforefaid, that the liberties, privileges, rules and regulations of the faid town fhall be enlarged and extended in manner and form following, to wit, begianing at the north weft end of Wa- ter itreet, running thence th« courle of faid street one quarter of a inile.thei ce iou th thirty. nine degrees weft a paral- lel line with the plan of the town till it ftrikes Ottankey-tieek, thence down the meanders of faid creek to the river, thence up the river to the north eaft end of //Vj/;r-ffreef. VIII. And be it further enacled by the authority aforefaid, rhat the fommiffioners of the faid town fhall annually levy a tax not exceeding eight (hillings on every hundred pounds value of taxable property within the faid town, and a pro- portionable -poll tax on allperlons whodo not pofitls in the faid tovrn the value of one hundred pound; in taxable pro. petty ; which tax fhall be collected by a warrant under the hands and feals of the commiitiouers, directed to luch perlons as they appoint for that purpole ; and the collector to be appointed as aforefaid, is hereby empowered and d- reeled to collect and make diltrefs for the tame in Ike manner as collectors of public taxes, and the monies anting there Ircro, after deducting five per cent, for commifJious, fhali by him be paid into the hands of the town treafurer, to be by the com-miiTioners applied and laid out in dealing, cleaning and repairing the fireetsand public paiTages, paj ing officers for tmnlacYing the bulinefsof the town, and in luch other public work and bufineis .as the conimiflioners may deem necclTary. And the more effectually to afcertainthe taxable property within the faid trwn : IX. Beit erailed, by the authority afortfaid, that every inhabitant thereof thall yearly, at the time he fhall give in his taxable property to be afligned for the uleof the itate, •diftingurfh in the lilt he fhall return, what part thereof is fi- tnafed withjn the laid town ; and if any inhabitant Iliad fail to to-do, tie commrffioners (hall and may order the town tax to be levied for the whole amount ot the taxable property of the perfon (o failing as aforefaid, although part there- of may not be within the laid town ; any thing herein contained to the contrary notwithltanding. And it is hereby de- clared, that every perfon inhabiting or occupying ;my houfe or other building or improvement, or lot within the faid 'own, (hall be liable to the payment of the tax thereof uiiletis4heJ~aise (hall have been returned by fome other inha- bitant. And whereas encroachments may be made on the flreetsof the Lid town by erecting piazzas, porches, platforms and other buildings thereon, and the inhabitants and others greatly incommoded, and injury may arife by fire being communicated aciois thcJlreets thereby : far remedy whereof, X. Be it ensiled by .n,e. authority aforefaid, that the commilfioners of the faid town are hereby empowered and re- , q icited to order all inch encroachments from which danger may be apprehended, to be removed, under fuch penal- ties as they (hall think necellary to impole ; and where any encroachment (hall be fcucd on any ftreet or fireets from which no immediate danger is to be apprehended, the laid commilnoners Hull impole a ground rent not exceed- ing fort/ millings, to be annually paid (or each piazza, porch, platform or other encroachments on the ftreet adjoin. iiig to or being before any one ho sfe or tenement, to be applied to the public (lock of the faid town : and if any per- fon lhad refute or neglect. topay fuch ground rem, the fame (hill be levied by warrant under the hands and lea'sottl.e commiffioners, directed to a conltablc or other officer to be by them appointed, on the goo Jsand chattels o f the de- linquert. Provided always, that uncovered piazzas or platforms, and uncovered porches, net exceeding eight fee; wide including fteps and cellar doors, (hall nut be liable to pay any ground tent ; auy thing herein contained to the contrary notwithltanding. XI. And be it further eiuiled by the authority aforefaid, that no perfon fhall be deemed qualified to aft as a commifli- oner of the town of Halifax, tinlefs he is an inhabitant of the laid town or the liberties thereof, and haih alot or land therein, with a houfe on the fame of no leis dimension! than twenty- four feet long and tsxteen feetwide, with a brick chimney to the fame.; and every perfon who is a freeholder in the faid town or the liberties thereof, and every free- man who has relided therein lix months and has paid public taxes, fhall be qualified to vote for the laid rcmniiiTor.ers. XII. And be it further enacled, that the faid con mifiioners are hereby fully authorif«d and particularly required and directed, to make inch laws and regulations as they may deem necellarv to prevent hogs running at lame in ihe faid town, flav#>s from keeping boulei without a licence from the con.milhoners, and to pi event al! perfons from deal- ing with (lives not having ti diets from their malters, iniftrelTes or overleers, aru to make Inchofher and furtl erlaws and regulations i efpecting the fame as tbey may think expedient : Provided nevertl.ilefs, that the i-egtflaticns rcfpecling hogs or other frock (hall not be confidtrcd to extend beyond the prefent limits of the town, fo ss to au hori.'e sry per- 4'qu rending in the liberties thereof io leize, kill, or deiiroy she fa-ne, er any hog or lugs found running at large there* 1 70 : „_-, fi.Tjit= ! .v- .! • h- ',,-_• I, An i \provid 'J alfhi that th; pivjrs hereby. comrnitrSd to the faid s, lhi I no: be qoniU isd to exicad to [he lmpiifoument of any ila^e as a p-.uiih.nent, or hi any inftance i f thhty-nine laihes. And whereas the mode oi ; laying and collecting the taxes Li ihe town of E:.enln, has been found e-areme'.y unc- qua! and inconvenient : XI I. &.»> enacted, tint the mode of laying, lev, in;-, coUe£iifig and accounting for tha taxes L\id by the com- rtes of the f ri.l tow u iliali fromand after the pa (Twig of . h.13 a Stj oc in the fame manner as direct-, ed by th s act for the town oi Halifax* CHAP. XXXVI. .47; afl for tr. Hino uprifi; ir. f£" cyc.uy f ?ra:.k in. I. II. III. a IV. fftytfeff. V- A ND /d recj 1 r.-d to cca-.vint fujeh debtor fo fuirendered, neg. ;clu g or reining to give bail as .rovefaid, to the pubiic g o! cf ihe didri. 1 1 'er .-:■:. ;e!edh\ th. ■ « tthnntv a/ort 1'iit, that after the palling of tins act it fliall not be lawfa' to commit any criminal to the county gaol, but all criminals fhaliin future o: committed to the pubiie gap! of the di- ftrjia, Cha". XXXVII. A-: aft to rekt.fi the ell ite of John Anderfon, decepfed, .'.:;.> rj G iiford con. ~!y, from t'-e fcrfeit- .'-; recogn z.-.:cc entered into for the appearance of a certain ]o'.v.\ Nl'Sory hefore the Superior. Co::*! if oafiburv dljircl. . . \ A / HliREAS Jam Anderfm was bound in a recognd-ar.ee in the fum 0: one hundred pounds, for the appearance •V of a cerWin..J r i^« IVRory. before the Superior Court of S iti/ha.'y didricl, to ar.f'.ver a certain charge then anil there to he exhibited againft him : and « hereas it is fully and c : early made appear to this General AlTemoly, that the fai 1 John Andrfa at the time the laid Superior Caurt fet, was lying tick, of which lickn.e s he died the iecond day after the rifc.of .the laid court, and, thereby rendered unao : e to produce the body of the principal : I. Be i tberefice < <•.:./ '. -/ /')' the General Aflemlly of 'the State if North-C; ro'ina, ur.d \i is herely enafledhy the autf>,o~ rili of the I w a--, that the ellate of tlie fuid Jjhn /nderfrn deceafed, be releaied and fu'iy difc targed from the fothi. turc and judgement aforelaid, in the fame manner as if the laid recognizance and judgement h.id nev:r been made. C:iap. XL'. Ar. .-id to .:•;'. nd tin t J, e> titled, an aft for the regulating the town of Salijbury in the county of Ro an, sn! for the re'dulatittg the to vri of ll'irdf.r in Bertie coumy*. W 'HERE AS it is the intereifof every ftateto regulate the police of its towns, and encourage their trade, and the laws heretofore made for regulat ng the faid town of S.Jt/hi/ry having prove i defective-. Be it lh. re/Ire dueled !-•: Me Gi'fi re.! Affi'mblj 'J' the ^ta-e -./Worth-Carolina, #■• 1 .■ 1 . C -- " -IT ^.ll I : .f 1.. C.ft .• declared duly electee! ; ana in 1 fee manner the laid i.nernt or nts tjepuj tifement, Hull on the firft Saturday in Februatvin every year , the tickets an ' neglect or ref nie for the (1 ■ Aw.tftw,,., .,,-... wi, ^..w ... -- ... ...._, J -•■ ---■; /,-- - -• - .- --- - -jr - r» ihe tickets and proclaim the commilfioncr.- for the enfuing year, un.ler the penalty of twenty hve pounds for evtry lifglecTf or refulal, to be recovered by ndion of debt in the court of the county of iir.ua.t, by any per.on who Avail r ., r • r 1 — c — r.. .i„ i_ii ~f..r..i « na u«ic» A .1.. r.,^, ..,,,. a rt . u«- u a . . ^ i, rt r>^;a .« ,u iw//i'jner jor me iu:vn o, ojiuiiuiy, ugrzeupie \v mm un.. m tuc oeji oj my knowledge, ettid judgrnc-iin II. And be it furtoer e'niSied hy the authority ufort/aid, that the comrniffioncrs fiulj appoint one oi their body to aft as treafure;- of the sown for that ycar ? to receive and' account for the town monies, tor which a regular entry muft be made in a book ke,"t for that purpofe ; and upon th.- appointrri :nt of a new treafurer the old one ihal! imme- di itely pals his account with h m, and pay any balance there may be in his hinds : Pruvidul, _th.it before fucii trea- farer enters upon his office, he fhall gi> e his bo.id_.whh good lecurity pa: ibie to the commiffunero for the faithful difeharge of h s duty. III. And tie it further enacted hy the authority ajfor/faid t ibat the ;:-v;;ii":r:i of the faid town ffi .}] choofe and ap- *I believe there is no aft of Altemldy fo entitled — Judge Ircde'l «lio hs^ prclervu the title cf ever] pi iv.ai afl, dois r.«t leconi the u. '\C •! any i;l fo l.c.iJcJ. I have' exstBiuea this mattsr 'e'ry ca: «77 fcoint a proper perfon to Vie their cleric of the fud.fo v:i, to act as fuch during good behaviour, who Cr.iV. be allowed r. re ifonable fdlary and enter itnto bond to the' comrr.iihoners of the faid town a id th-rir fuco-iTVs. with two faai- i . ent fecurities ill the fum o' one hundred pbuntfs lawful money of this fta-te, for the due and faiillfitl ex'ei ution of his of.iee and the ir'uft rc.of:.J in hi nj for t e 1 ife k< -. oi.vi of the hooks and papers put into his care, and keeping a re- gu'ai and fa rjbu'rhal of the pr icee'dih ;•■; o; the cbmrrjiffi -men; duviighis continuance in the CM office. .*.:td the faid clerk is hereby autriorifed arid reqdefled to demand and receive from the perfon or p- rfo is in whole hand;, the lame rnaV&ej all the bocks,' 'journaTs'aii J papers Ge'on^thj to the fard town; to which docks, journals and. papers all pei! ns ihal! have fr e accefs on paying two (hillings, under the penalty of one pound for every refiifali IV. And be . i Red, by the authority a/crrfJJ, that the commitTioViers of the town fo chofen and qualified agreeable to the directions' of th>S : ft, (hah be and'triey are hereby incorporated into a body polite and corporate by ilie r.ame of the ctwiniiffioners of o. by the fame name to foe and iir.p'ead, be faed and impleaded, anfwer and be anfwe; ed, in all courts cf record whatsoever, and from free to time and at all times hereafter to make fuch rules, ci der.s, regulations and ordinances as to them fhall ft em meet, ± r»r repairing the ftretls, appointing a. tow;: conit:b!c or conftabks, town watches or patroies, and making proper a!! wances by fees or otherwife for fuch fer vices, ancl for all facn o f her ne^ CtiTary ordinances, rulesa id o; ders wheh ciay ten. i ;o the advantage, improvement and good government of the fai I town, and the laid rules, ordinances and regulations from time to time to alter, change, amend and difconthuu, as to ;he faid com milho iters or a majority of them fhall appear ncceffary •; and alfo (hall have full and ample powers to enforce acomp iance and observance to fuch regulations, by laying fines arid penalties on t'nofe whj fhall refufe or neglect to conform to fuch rules and regulations, not exceeding five pound?, and in the cafe of (laves the punifh. ment of thirty nuie lalhes ; the faid penary to be reco-.ered, and the punifliment inflicted in manner hereafter men- tioned. And whereas the proper office of the faid commiffioners is that of making bye-laws and regulations for the govern- ment of the ftid town, and it has been found inconvenient and oiten impraclic»ble to call together the faid commif- fioners. for ihe immediate uurpqfe of punifhing offenders, whereby the laid. regaLt.o^.s arc never properly carried into effect : for. remedy, whereof, V- Bs it auftidy.by ihea-,i -r;!y ef;rcf,ud : that a proper perfon, being a J u-ti.ee of the Peace in the faid town, fhall be tle.ited at the fame time, and in the manner herein d recited for the election of commdiioners, who (hail be called the Magistrate ci po'ice fcr the faid town, whofe d-aty it (hall h s to enforce c;..-i;-'i.ee rjj ths lawes and punifh offandets; and fhall be, and is hereby aurhoiifed tq iff., s his war.aiil, dire (heriffj depw ,- fh;r (Tor town conlta.le, to furomoi all.offenders ag^iiiJl the kw6, rules and- ordinances r> ■ .:■ . _:■ \4ed frw the reguiation of the faid town, to apneas be ore him ; a::d on their cccvielion, w : ;i:it (hah be in the matter of 'r;. is b •■ re Juftices of the Peact;> the faid rnagi&rate is h,«i eby required ; wi pu liorifed to gv e j . • ■ .- m lat ,. aj award e:-; :;uti >-i agreeable lo the laws, rules and crd::; incen crovided for the 12 1 ■■.•ernmentor the i h:.l to^n 3 v.'!' ; d> warrant cr execution the l,i i flieriff, de,'Uty-!"ieriircr conftable i- hereby reqeired to e<"cut:, anion fuch trialsor enquiries is heca y aittho- jifed and declared to pofiefi all the r.ecefiVy powers, to %dminifte* oaths i fubffacaa. and csamt»e witnefTes, and {hall ta e ibefo'djwir.g oath before he enters on the execution rfif.s c.iic-: : '« 1 A^B.-da/bJemniy fv>ear\ that as a lice r.f *>:c trjj" q/'i-jhlbiiry, I-.tuUl.do ■ to the'-beft of- my julg.mut, end i " according to theU'.wtf, rifles c ■ d udhtanccs 1 uti&faMhp ' d armrcemenUs tint " may hapi>en to bt made, I vriU cau/e to hi duty returned to thi : Ihi.toH-ihhigi.-peMainmg-trmjt- office dxr- " iug my. fOrttitKi0»i iiKretn-, I iJiiiLfaithfully, truh .', do equal atjd ;::»l jujiice to the public and to truth •dutiU^' P.i YiM,ed always, that Wjhere any perfon Ihal! think him or herfelf aggrieved by the judgment of the faid Magiftrwe of poice, fucii perfc-n (hail have the right of appealing from the laic judgme nt to tlie court of pleas and quarter-feffionS for ti^ county of Ravia .-. Vl. rfnd be it fw tber en iBed, by ths author \ty aforefaid, that the commiffioners of the faid town fhall annually levy a tax not exceeding fix (hillings en every hundred pounds value cf tax hie property within the- faid town, and a pro • ror.ionable poll lax on all perfons who cio not pofiefs in the faid town the value of one hundred pounds in taxable' property ; which tax fhall be collected by a warrant under the hands and fealsof the ccmmiffioners, directed to fuch perfons as they appoint for that purpefe ; and the collector tobe appointed as aforefaid, is hereby empowered and direfled to colleft and make diftrefs for the fame in like manner as collectors of public taxes, and ihe monies arifirig therefrom, after deducting five per cent, for commiihor.s, fha'l by hini be paid into the hands of the town treafurer, to be by the commiffioners applieJ and laid out in clearing, cle .ning and repairing the ftreets and public ppfTages, pay- jng o:iicers for tranfaditing the bufinefi of the town, and in fuch public work and bufinefs as the commiffioners may deem necefHry. And the more effectually to afcertain the taxable property within the f.»d town : YU. Be it enacled by the authority af ore/aid, that every inhabitant thereof fhall yearly, at the time lie?, •' Ya - *7« (ball give in his taxable property to be afligneh. p. 1^4. \A/ **"™^A • th afbrement oned a s ha> - no h d uic d^iftrcd elfect| and tome oi the commillioners ot tne build* _ V V ino;s tor the diiU lft oi Salifbury have declined to uft i l 79 \. Be it therefore ena&ed by tie General Affembly of the Sta/fj/North-Carolina, and it is hereby excMed, by the autbu. tr'ttyofthefame, that Maxwell Chamber s, Anthory Newman, Spruce M' 'Cay and Jihn Steel, Klqtures, be, and they are hereby appointed commiffioners f.r building a court houle, gtol, pillory and flocks in the town of Salijbury, for the diftridr. ot Salijbury, who fhall enter inta bond to the chairman ol Rowan counry court in the liini of two thoiifand pounds, conditioned that thty (hall faithfully apply and account for all monies by them received for the purpofes a- Icrefaid ; and the preient and former (herrits and collectors, county and diftri^t treafurers of the feveral counties of Rowan, Montgomery, Richmond, An/on, Mecklenburg, Surry, Guilfatd, as it flood undivided, and all others who have received or collected or hereafter may receive or collect any fum or lums of money, are hereby directed and re- quired to pay the fame into the hands of the commiffioners hereby appointed for the purposes aforelaid : and in cafe any of the faid preient or former treafurers, iheriffs or collectors, fliall make default in payment of the monies as a. aforelaid, the laid commifiioners or a majority of them are hereby empowered to cite the delinquent fheriff, fherins, treasurers or collectors to appear at any county court within the diftrict, and then and there to enter up judgment a- •gainft t'nch delinquent iheriffor fheriffs, treafurers or collectors for the amount of the tax which he or they ought to liave collected forthe pnrpofesaforehid, in the fame manner, and under the fame regul tions and reftrictions as the public trealurer in this itate is authorijed and directed to enter up judgment againft all delinquent fheriffs, treafurers or collectors, failing to account for, and pay the public taxes t, and the faid court is to award execution againft the goods and chattels lands and tenements of luch Iheriffs, treafurers or collectors, or their fecurities. II. And be it further enacledby the authority afore/hid, that the faid commiffioners, or a majority of them, are here- fcy authorifed and empowered to fell and dilpofe of the old gaol in the town of SattfbuTy for' as much es it will fetch at public fale, giving a credit of twelve months ; or if they think it molt expedient may convert the materials of ths old gaol towards the building the new one by this a£V directed to be built : Piovided, that in cale the «!d gaol is fo!d» poffeffion of the lame fiiall not be given to the purchafer until twelve months after the fale of the fame ; but fhall du- ring that time be continued as the public gaol of the diftrict as ufual : And provided alfo, that nothing herein contain- ed fliall be conftf ued to autborife the faid commiUioners to fell or difpofe of the iron belonging to the doors or win- dows of the faid gj«l, bet that the lame (hall be kept to be by them applied to the pui poles ot building the new one by this ait dire&ed. Whereas it is fuggefted that feveral fherifts, treafurers or collettors of laid diftndt who are now deceafed, did collect and receive monies from the aforementioned purpofes, and never accounted for the fame : III. Be ii therefore enabled by the euthority aforefaid, that where it appears that any monies have been collected! for the ahove purpolcs by deceafed iheriffs, treafurers or collectors, the faid commifiioners are hereby diredted to call to accouat the heirs, executors or adrniniftrators of Inch deceafed fheriffs, treafurers or collectors for all fuch fums of money a c appears to be anaccounted for, in the lame manner, and under the fame reftrictions as they are di- rected to call deiirquent fheriffs, treafnrers or collectors who are living. Provided always, that where it fliall ap- pear that any fheritf, tre?.furer or collector, who hath collected ai,d received any monies for the belore mentioned purpofes, (hall have died fccforp accounting for the fame ill fuch manner as by law they are directed to do, the a- forefaid Comfniflianers are hereby authorifed to inftitutc ftiits againft the heirs, executors or admimftrators of fuch deceafed for the monies collected and unaccounted for bv the deceafed, and thereon recover judgment hi the lame manner as they are by this act directed to recover againft delinquent iheriffs, treafurers or collettors who are now liv- ing. IV. And be it further enabled, by the authority nforefaid, that John Taylor, Jejfe Benton and William Walters, be, and they are hereby appointed commiffioners for the repairing the court houfe and gaol for the diftrict cf Hillfvorough,, -and that they hive and pufi'efs all and lingular the powers and authorities now vefted in them, wr.o by an act:, enti- tled, an a& have been heretofore appointed comn iflioners lor making lucli repairs. Chap. XLI V. An atl to eflablifl? c town pi the eafl fide of the north- eafl of Cape-Fear river, in Duplin county, *id fctt adding Alexander Martin, Enquire, to the board -if commiffioners for the town of Martinville, in Guilford county. W'HEKEAS a town has been laid off on the lands ot doctor William Houj 'ton, and a conlider able number of lots fold by the proprietor, and the ptirehafers of thcie lots are defirous that the town lhculd be eftabliihed by le- giflative authority : I. Be it therefore entitled by the General Aff-mbly rfthe Stale cf North- Carolina, and it is hereby en.iBedby the authg* ritvofthe/ume, ihat one hjndred acres of land, lying on the eaft fide of the north-eaft branch of Cape-Fear river, ia 77 up/in county, lardy fold by doctor William tioufion lor laying off a town and town commons, agreeable to a plan liid down by ccrnmiihouerscholen for that purpofe, be and the fame is hereby eftablifhed into a town by the name of "Bare lo. a. And be it further entelcd bvtbe auih'.ri'.v aforefaid, that from and after the palling of this act, Charles Ward, John Hill, Jam s OtiilML', Samuel ffouftm, Dtini >rdugh, George Miller, and John i\tuichell, be, and. rhey and every of them hereby confirmed cci m Miotics lor u,t lurther (iefign.iy, building and improving the fad town; and they fhall itaud fefzed of an in lefeafib e eftate in fee iinijle ot and in the relidue of il.e laid one hundred acres of land that remain undifpofed of, ro and tor ths pen poles tertb, cxpr.ffed and declared, except tudi lets as the pro- piictor hath ii iade rh, HC t ■ of, w hi ti is li-°rtb i en rved to h s pro; ir ute and behoof, and Ins heirs ;aid aliens U re- vet-; .and the £t! the con icy of atvy of the laid commiifioners, the furvivor or 3 majority of them (hall aflet-oble,. and hereby are au. Ihorifed to nominate and appoint, by inftrument in writing uncer their ha rids, fome other perfon being an -iohabi- taut and freeholder in the faiJ county, in room of him dead, refuting, to ath or removed out of the county, which laid eomrniflioner cr comuiilfionerslo appo nted i!u!l hive and gxerci.le ah tlii fan.e powers and authorities in nil matters herein contained, as the perfon or perfons in whole room and ftead he or they was 1c appointed, had aad exerciled. Pi ovided always, that nothing iu this act contained lhail be c nlirucd la as, to obviate any regulation, compact or a- greement entered inte by the commiffieners lately chofen for regnla'ir.-g the iaid town, all which regulations, r.e . Jtriclion and agreements are hereby declared good and valid in law:. V. And be it further cnaclsd t 'y tb: authority ujlrefaid, that Alexander Martin, Enquire, be added to the board of commiilioners for the 'town of. Mm timtlle., in tt.e county of Guilford, and be invel'tcd with the iaine puwers and au- thorities refpecting the faid toi/u, which each ci faid cptaipjujqness hold, enjoy and poileis. Ch.-'.p. XLV. An to eftallijh a jub!-c infpeclhn of iobacco in the foWiC^alifbury in the county q/"Rowan. ?HEREAS the eitablilhing a public infpectiou, of tobacco in the town of. Salifl'ury, will encourage commerce, ~._ !.~.1../1..... ..^.1 1*a -wl .....i... .hi. ci l>n f-l-.o mli-Lvn nUnfarC 'iii>l cirrus*..! 1 1\ I It a rnnnMr rtfcrefjld -t hereby tnafted, by ;red and directed t fpectfbti and lafe keeping of tobacco in the laid town ;, and the fame . when fo built and. erected, (hall and is hereby declared to be a public ware houfe for the reccpticaof tobacco. , II. And be it enact d, bv the authority afore/aid, that the faid court Grail annually appoint two difcraet and careful Tnen, w fl! quiliiied and acquainted with the nature and . qualities of tobacco, to be inlpactors thericl ; who Hull take the fame oath, be fubject to'the fame rules, regulations and reftr.kt'onc to which inlpectors of tobacco ate iubjecl by iitfacl'of the General Aflembly paffed at ffitlfax, in the year one thoulaud (even hundred and feventy-feven, enti- tied, '' on a 7 to amen I the fable of tobacco and prevent Jrjifr ■:> which laid law fo far as is not provided for by this jng iiur 4ltr . , 1UJU «1. way a -Jc i t Uji LL iu n.'iii;[.'i.v.i:.H d i i lit: j>i^i-^- » uttc ills; .dna tiuiv t,^. aillJUC^io . IV. Ariihe/it fiother enattid, by the authority afirefaid, that the kifpecfors cr cither o\ ihem, wheti To appointed "by the court and qualified as by this air directed, is hereby inverted with full power and authority to infpect any to. "bacco that iri^y he hi ought to the i r.d ware-houle, and en parting the lame grant a certificate or r.ote thereof to the owner or owners as the c^i'e may be. Chap. XLVI. An ail to coitfirni unto Richard Dobhs Spaight an indejeclbhl'ule to certain-lands therein mentioned in Bladen county. WHEREAS Richard Dobhs Spaight, Efquire, of Craven county, hath reprefentcd to this prsfent General Affeni. hly, that Samuel S :v .inn, Efquire, dece.iled, obtained a giant from the late lord . proprietors of Gcolina, bear- hence dewn along his line north uxty ealt to an alh, nis liifpoleu corner tree, thence up the meanders of the river to he fiift flaiion. And where as the laid Samitel Swattn afterwards fold the faid lands atneng other things, to Job {owe, Elqiire, deceafed, by deetl poll hearing date on orabout the year one thouland (even hundred and" thirty fix, nd the faid yob Hovie, in and bj>' his lalt will avid teftaintnt, deviled the lands herein before defcribnl to his two ions, Thomas Clif/c-d Hove and jfribi r Howe, their heu - s and affigns forever equally to be divided between them : and "Whereas I he C.vd 7 hornet t lift rd Home and Arthur Howe, did by mutual conletit and agreement make partition of the ■ffcid luK'i Lstwcen them, aud eauior them pofleffed his reii-echve Uiare. of the laid fandi after the divilioo of faid i 8i Tabu's, in feveraltr, agreeable t3 the laft will of their fa hi f;;her ; and whcrei* the deed po T l before mentioned, exe. filled by the laid Saw.?! S jaunt to the fa;d Job Howe, having been loit or ni./l .id, he the faid Samuel Swnnn, by in- denture tripartite, beaivn r d ite the fotirtef nth da; of September, one tliouiaud Seven hundred and fixty feven, made be: ween him the faid Sa>w. I. Be it therefore enacled, by the General Affimlly Ji the S'ctte of- North-Carolina, and it is hereby enacled, by the, authority of the fa>m, that the faid iraft or parcel of three hundred and twenty acres of land herein lift mentioned and defcribed, as tne fame was divided an J laid i ft t>y a divifion made between the laid Thomas Clifford I owe and /-Irthw Howe, and agreeable to the part or inrvey thereof annexed- to the- before recited indenture, made between the fa d Samuel Swaft*. of the-firft part, the laid Thitias Clifford How; of the fecond part, and the faid Arthur Howe of til a third part, with the appurtenances, be and the lame and every part and parcel thereof, is hereby confirmed to the faid Richard Dobbs Spaighl bis heirs and atligns, in is full and amp'e manner as he and they can have, hold and enjoy, the fnne ; faying and referving nevertheiefs to all and every per f on and perfons other than tiie heirs of the faid t Thomas Clifford Howe, all the right, title and intereft, w.iici May or any of thjm tnight have had of, in and to iha - fame, in the fame manner.as if toiwet had nev-sr, been made, any thing herein contained to the contrary not with. ■ ing. Chap. XL VI I. Aa c.tl to keep open Gape. Fear, Wfrarie, Rcckey river of Pee-Dee, the Cata' ba, Deep river, the Yadkm river, .Dan, Haw river and Hockey rwer, ffr the peffage of Iff up the ft me.' WHEREAS it. is reprefen-ed to this General Aflernbly, that the free pafliige of fi(h up L eft Far, Wh'arU. Fock- ey river of Pee -Dte, the Calavba,.Jji

. XLVI I. jfiMtn mwcfp&te "Cbeftr, firmertv n fi-rvant »/ Samuel Veargan, dtceafed. WHE1EA.) by tiie :a.t will and tteftiuueiw of towwrf Yemrgan, decfeafed, late oi tin* county of Warnti, he did de- fire i » hi» laid .\ ill due a eti t i i negro m in c f h,rs property, Ihould after the dents of his daughter //» r Aljhn, Wtfe.td William A.Jtjti, oi Ch.'tbam ccd'nty, be let free, for and (Wing ii:e mil term of fifty five years : and whereas \i.t fa d /,;«.• being nqw deid, it is riiougn juft atid right the i. id tatt will and teitament fhould be adhered to : I. Be ii therefore cn_ El d, by the Ge::c; a! /•jf.ml 'y, th.it from and after the palling of this ax not exceeding eight fh:l!ings on each and every pcrfon (being a proprietor in the faid town) whole lot or lots do not amount agree- ably, to the valuation aforefaid to one hundred pounds, exdufkc of the taxes hereto/ore by ail of Aflembly on biazz's, porches and other encroachments. III. And be it further enacted, that all free males of twenty-one years old and upwards, who fnall have ufually re- dded .within the faid town for the, \~pa':e of three mouths previous- to the firftday of ' Auguft annually, and who do not own any lot or lot* therein fliall like wife be cor.fidered as being liable to pay taxes, and (hall be raxed accordingly at the difcretion of the commdlioners, in any funinot exceeding eigi.t (hillings yearly. And in order that a juft and ac- curate 1 lit of all perfons by this, .and of all property bv the before peeltetl.ftci liable to be nfL-lled may be obtained : IV. Be it fix tfar enacled, by the authority aj or ef aid, that :!ie court of Edgecombe count/, on apprcatiou of the comm'.irnners of the laid town, (hall yearly appoint lome J iliieeof the Peace of the county aforefaid, who .(hall We- tween tlie full and lafl days of June in each and everv year, receive from the inhabitants cf the laid town, true and accurate lifts on cath of all the polls and property to tjiem hdoni-ring, which by this and the act, entitled, " an < a fir the regiduti.n'j the lowv.'f rarborough. 1 ' are made liable to taxation ; and fliall make return of fuch lifts under his hand and lrs thereof; w&ofhall take the fame oath, be fubjeft to lift fame rules, regulations and reitriciions to which Wpe&ors of tobacco are f ubject by a n aft ol the Genrrtl Afiembly palled at Halifax, in the year one thojfand leven hundred and feventy-feven, enthled, •* An c.3 to emend tht j; spic of tobacco u.J jrmnt frauds }'' the fatce to be lubjtft tore inipeciijn at tht plate ot (hipping, A. C. L. 2 , 1777, p. 337. II. And belt further enacled, that the inipeclors lo appointed ilia!! have and receive of the owners of tobacco, t'le fum of eight lluilings for ever) hogfhead, and the fu.m ot one (hilling for every hundred weight oi tranter toDacco by tbem impeded, in lull lor tne r trouble, finding nails,, and every thing necefl'ary tiiereto. Chap. LVIIL An aci to emancipate Hannah, alias Hannah Bowers, aper/bnof mixed bLoa, beleagim to the'ejtate of the laic Alexander Gallon, decea/eU WHEREAS it appears to this General Affembly, that tfie late ,4k} wider Gatf'ott, ct the towri of Newbern, did in bis life timelreq 1 ntly exprelia-delire t ; :at the 'ail gtrlHannab mou)cjbe let free, and did certify the fume in bis own hand writing, which certificate, has. been fince found among the pprsof tl:e deceafed : and wherea z tne vidow ot the laid Alexander Capon has al ofigniiied her dclire that the Laid gin fhoulu m compliance with her hufband* wifhes- In his lifetime to bt! let fie : I. Be it thtrefsti e :. tied by the General jffembly ofthefrate of North Carolina and it h hereby enaflfaby the author lily iftkefume, that the faid mujatto girl called Hdina u x alias Har.nah Bowers, lhall be, and ;s hei eby declared t: be emancpa.f-d and nude free to A\ intents ard puroofes, and lhall be entitled to aU the privileges and btnefiis of a free perfon, in as fuil and abfolute manner, as if lie tne laid Hat:tt •/; hod been Dorr, of a tree wom^n. Ihap. LIX. An a£i for efl ablifli'wg a lowjn on ti.e lards /"William Muifree, on IVIeherrin river, in the county of 1 ertford. WHEREAS it Iks been reprefented to tiie Genera! Afie.nbly, that on the lands of William Mterfree, at Murfree't landing, on Meherrin river, there is a very poper Utuatiori f r a towti ; that ihe place is remarkabl t healthy, and convenient to a country which produces l.rg- fuppiies of tobacco, naval (tores, corn, pork and lumber For expor- tation, and that the convenience for (hipping piodute at this landing, 1- greatly luperiorto what 15 generally found ac other landings : at.d wherea; a great cumber of citizens of this Uaie, in habitants of the counties of He/tJ.rd, Norths amptotti Halifax, Hfar-ren, Edgecombe, Bertie, Gates and Chowan, have prayed that 3 town may be creeled at this place, and William Murfree, me proprietor ot the loil, 1-aih confented th it ninety (even acres of the land adjoin: g to the river, lyaich has been iurt eved and laid off, (hall be appropriated to ih s life : I. Beit therefore erccled, bytheCen r I Affmbly 'if theflaie of North-Carolina, and it is hereby enaH.d, by the au. tbirity of ihe fume, tn.it :he hid ninety -.even acres of land Iholi be laid out in lots of half au acre, with Coirwenie :t ttrects, and the fame are her by conftituted anu eltablimed a town, and ihall be callci by the name of Wutfi .jlorot/gh. II. And be it fwlhir enabled, by tht authority afore/aid, that from and aur the pilling ot this aft, William Murfrtr, Patrick , Redmond Hackttt, William Vuughcn a d John Par her, be, and the), and every oi ihem be conllitutecS cominiili ners and trullees tor deligning, building and carrying on the faid town, and they (hali iland feized in an indefeafibie eftat^ in fee ftmple in the laid ninety. leven acres » f laid as atorelaid, io and for thi lies, intent, and pui poles hereby declared ; and the laid coininillioners or any three of them, (l:all hnve fill power ard authority to 11 et as oftea as they (hill think nc^efiary, to appoint a public quay on Meherrin river adjoining the (aid town for a p , • lie !a: d mj; where they may think moll convenient and necelfary. HI. .■ir.dbeitfurtherenueldby the au'horily of n e faid, ihat the laid commiffioners fh all prepare a reru'ar plan of the town, with its Hi . ets and lots, the lots being numbered, and they (hall appoint a time by public n: tice tor ;hc meeting of the fubfLr.b.-is for (aid los on .he premifes, when and where thev lhall determine the property of eac particular lot by ballot, which Ih ill be drawn in a (a'r manner by direction of and in tiie prefenee of a n ajority of the to i.millioners, and fuch of the fublcribers as chufe to attendj and each fubferiber lhall be entitled to the lot or lots which Ihili happen to be drawn for fiim and corrrfpond wi t h the number contained in the aforelaid plan ot the town ; sr.d the laid comm. .boners or a majority of them, lhall make and execute deeds for grantingandconve\irg ihe laid lots contJ'nd in the faid town, to the repeftivelJ bfcribers for the fame, their heirs at d alligns torever, «n I jI o to ail and every other perlon andperions who lhall purchale any other lotorlois in the faid town, at tie proper c-lts and charges ot the faid grantee or gr.antees to whom the fame lhall be conveyed, and any perfon claiming i.ny lot cr lots in the laid to'-\n-by virtue of luch conveyance, lhall and may hold and enjoy the fame in fee fimpie. IV. And be ii further enucled by the authority aforefaid, that the refpecVive fubferibers for the f>id lots, (ball vt : thin three months after it lhall be ufceruiued to whom each of the laid iocs doth belong in manner herein before mention- A3 JO* ed, pay and f;»'»fy to the faid Commiffioners, the fum of nine pounds for each lot by them fubfcribetl for; and in cafe of the refulal or neglect of any fuilcriber to pay the laid law, the laid commiffioners (hall aud may commence a fait for the fame in cheii o*n names, and therein ll.al! recover judgment with ccfis. And for continuing ihe fucctflion of the commiffioners : V. B: it enacled, thst in caie of death, rcfufal to aft, or removal out of the (late of any of 'the faid commiffionerr, il then be immediately paid and delivered inco the hands of his fucceflbr in office ; and every treafuyer Ihall reeeive all monies, c'onations, gifts, bequefts and charities whatsoever that may belr.ig or accrue to the fold academy during his officr, and at the expiration thereof Ihall account with the trullees for the lame ; and on his neglect or refulal to pay and deliver to his furcelforas aforefaid the monies and chatties in his hands, trie fame mode of recovery ihall and may be had agaihfthim, as is or may be had for the recover) of monies from the fheriffs or other perions chargeable with pn blic monies. VII. c> VIII- Cb/olete. ' . IX. And be it enabled, that nothing herein contained- (hai! be confhued fo it to make this one of the academic fcrnen* ticned in the conlhtutiou of this Hate. Chap. LXVI. An acl to enable William Moore, Lite fhe> iff of H-ewke coat !y, to yelk 8. ell fbe taxes due from the faid couHty for theyear one thoujandftv.en hundred and . ghty J.ve t ai d to allow him a further time ft fettling for hit cap tetliom with the treafur^ r. It pE ir enaaed, by the General Affemhly of the State or' Norrh-.Carolina, an I it is hereby enacled, by the Jut h-,. \_} rtty of the feme, that William .1 loere, laie (hei ili'of But '<' corny, ihall e allowed tHitil the firf-t day of May next, to fettle for his collections of public taxei due lor the j :;;r pac tho da'nd feven hundred and eighty five with the trealurer of.this ftate, and in tne mean. time the ti eaiurer in -ii forbear to commence any ailion for fuch collection, and to fulpehd thi progrefs of all (uch as have been aheady brought tor laid taxes, agamit the fa d Moonfi- II. And be it further enjfled, that the l.rd Moore fhail be, ard he is hereby atuhoriled ro r luch collectiou and payment oi the monies into the pub- lic treafurv', on or before the faid hrii day of May next, a commiffion of two and an haii per cent. Chap. LXVII. An eel fr tJhiblU'.r.g an academy a! the place heretofore called Maryborough, in the coio.ty of Put ; iindjor altering the name of Martinboroug;h to thai c/Greenelviile. \T7H£REAJ> liberal fubferiptwas h.vs bee . made, and a prolpect ot conliderable additions towards cfbblifhing a V feminary of learning at Greenefiiiile. lately called Mmrtinborbugk, in the county cf Fitt : acd whereas th^ J pro- per education of youth i> eflential to the happ nefs aud proipeiity ol every community, ai.d therefore worthy the at- t :Beil cna3 -d by the General -IfTembh tf the State of North Carolina, audit is hereby eru.Sted, bv the authority of the fa ne that an academy Ue ere : -U d and eltabiifhed at Creenejvtlle, in Pitt county, for the education ot youth, under the II 4*d be it further enaHtol, by the authority afortfid, that Richard Cafivell, Hufh Will'emfcr., Wiliiam Flurit, lohnSimpfon James Arm/bang, Jaat.. !s < i.J things whatloever, of any nature, q/.nhty or value, tor balding, erect ng and (upper ting the 1 tid academy, paying 1. hne> to tae p-eiida ; .-, protelfors and tut ors thereof ; and by tne fame name they and their fucceftbrs (hall and - y be tble* to implead and.be impleaded, afifwer and be auf* ertd unto, defend and be defended, in all courts and i- ces, a id bsibr* a I J i Ige's an J Jultice a wharfoever, in a!, acri ms, | leas, pi ke new the fan? f o;n time to time as the/ lha 1 think [roper. Ili. And be it further enabled, by th$ authority eforej aid that t ,e laid truit-es, or any five or more cf them, fhali hive full po.ver andauthority to meet at aii timj-s ••.h n the. Ihall think proper at the laid academy, todeliberate, re- folv. upon and cirr> into ,effeft th.2 laws and tegulanons to be by the.n :n i tie for the government of the faid academy, and (hall have full po.ver to nil ui any vacancies w-hich may happen in the 'aid incorporated bodv of truftees, bv the death, refu'al to aft, refignation. or removal otit ot Me ft* e of a y of its members ; and the perfons appointed to fill fuc'n vacaric i , (hall be and they are hereby declared to hav.: the ia:ne power and privilege . a the trusses nsbed n and by this act. IV. Ana* be it further matted, by the authority a ! '.r. Vid, that the faid truftees or a majority cf them be and they are hereby a it horded and empowered to convene at Orecn fall , en he firii Ai.tt 'ay ih April next after the pilling of thisact, and then a..d there elect and ccnftituteb) con-million in wr ting u der their hsliids, oi the hands of a majo- rity of them, andfeaied with the common fcal ol the corporation, a proper perfon to prefide at the faid academy who fti:i!I be a truiiee during his continuance in office, and \efled with the fame [ ov e. ?., \ rivjteges a»-cl autr critics as any truftee in ned in and by tnis act ; and iuchprefident, and the truftees or tbeir iucceffbrs> or any Mve or more of them, at all other times thereafter when has i tagethef it d t ne/'ville, (hall inv : full power and audio i y to elect and con- ftitute one or more profeflora or tutors, a fecretary, treafurer and lie ward ; ai.d r.lfj tj make ai d ordain fuch lai-s ru.'es and legulations act repugnant t i or inconfiftent with the laws of tins fta:e, for the well ordering and governing trie ftudents, their morals, ftudie>anu acadeni qal exnof.s as to them fliali lee or. I. Be it entiled by the General Ajfembly of the State of North Carolina, and it is hereby enatled ly the authority of the fame, that dadtor Jume s White, John Williams, attorney ai la w of Ghbiham, James Ander! on, Cto>ge Lucas, Mat- thew Janes John Montgomery, John %py lor , Patrick St. Lawrence, dq&er James Servant Jones, and Ambrofe Rum- ley, Efquire lhall be and they are hereby declared to be a body politic and coiporate, to be known and Oilbnguilh. ed by tue title of the trulieesof Ptilfiioroitqh academy, (hall have perpetual fuccrilioa and a common leal ; and that the laid truitees and their iucceffjrs by the name aforefaid, and their lucceiTbrs or a majority of them, (lull be able and cjpable in law, to take, demand, receive and pofkfs all monies, goods and chattels that lhall be given them for the ufe of the faid academy, and the fame apply according to the will of the donors ; and by gift, purchafeor devife, to take have receive, poflei'i, enjoy and retain to them and their iutcclibis for ever, any lands, rents, tenements or hereditaments, of what kind, nature or quality foever the fame may be, in fptcial tnift and confidence that the lame or the profits thereof lhall be applied to and for the tries and purpofes o' etbblifhing and endowing the faid academy, building or purchaiing a convenient houfe, pur chafing a library and philosophical apparatus, and lupporting and pay. ina-the. fajaries of fitch number of prrfeflors and turors as to them mall leem necefi' ry. II. And be it further enatled, iy the 'authority aforefaii, that the faid truitees or a majority Dftheai, fli i!' and theyare hereby authorifed to choole a pri lident, treafurer and lecr-etary out ol their own body ; they may alio choofe profef- fors and tutors for the academy, and :he fame may remove ai pleafure ; and they mail have authority to make bye liws for the government and icgulation of the academy, and the lame to alter and amend. Provided mverthclys t that fuch la\\s lhali cot be repugnant to the la* s of thh (lite, their morals, fludies and academical exerciles a< to them (hall leem meet ; and to gyre certificates to Inch (rodents asfn ill leav. the laid academy, certifying their lirera- iy merit and progrels of uftf ul knowledge ; and further, that on death, refignation, ierufal to aft or iniftondoft, of either proft Ours or tutors, the fecretary, treafurcr or fie ward, others fhall be elected in their room and fte'ad, a majority of the truitees agreeing thereto. III. And be it further entitled, by t fie authority afore/aid, that the treafurcr of thi (aid board of truflccs fhall enter into bond and fecurity to the truUets, conditioned for the faithful discharge of the- trull repoied in him by this aft ; and that all monirs and chattels that fhall be in his hands at the expiration of hit office, fhall be immediately paid into the hands of the fucceed ng treafurer ; and every ,rant for 'he benefit of Elizabeth Torrent and her children, a pertain portion cfroai and pertonal eftar/e bf Thomas' Tirr 'ens', fugi ri'rd to have been conBfc itcd, and the order of the laid court not hav ; ;>*eu fufficiently expbet in declaration of ttie u!e or appointing the irull ; to prevent 5ncon,veniency and confnlion i hat may t herefrom -arife : I, Beit entiled, by the General .■'■fmt'y of the liateof NerJi Carolina, Mnd'it 'u hir.iy cnafiedbv the avthnty of the f.ime , that James Kenan, John M(d}on, and James Samp/on, be ai d they are hereby appointed iruffee; lor the pm po- les of laying oifoiie third part ol the perfdnal eitate granted ^s afot( faid, for the fo!e benefit of Elizabeth 7 on ens, the remainder to be for the fole benefit of h£r children. &f(A the (aid Elizabeth having relinqurfhed lier right in the lands granted as afocefaid to her child i en. II. B ■ 'it further enacted, that rhe faid trtrftces ffiall hare pc*-er and authority Jo to ufe the fame as fo them rnsy feem nioff fitting; to promote iheir improvements for ih« benefit of the laid children ; or if it lhould appear to them conducive to th: advantage of their trult, to fell the laid lands lorthe purchafeof otiiers vf greater or equal worth t» the laid children. II T. And be it further oiacl. d, by the (-uthorily ajortfaid, that the truftecfr aforefaid or a majority of them, before m 'r. «' 1 A.B. having been appointed by the 'Je- " n > al Affembly * trufleef. r ihe pu f f fe of -nin »ging the eft at t red and fe>-fona: f ranted by the court of j Is, s and an* ter " :■ Ir.ont bfDobbs county, fo : - th<~ iE it mailed, by the Cenei a! Affembly rf the State of North Carolina, and it is hereby entiled, by the authority of vS the li'ne that Thomas Tounghufbands, William Mound, Thomas Merc tf, fca. HiUe'ry Simmons, William Ferebe, 7 mes Dauee and Jofeph Ferebe, be and they are hereby au;horile«i and appointed comnnffioners to lay clFand cut a canaL beginning at the found fide near Currituck court-houfe, from thence a flrait couife as near as polfible to the Indian ridsre to interfecl the new road that leads to Cambden county, from thence to the Piwrtb river nearly as the faid road runs, or as the alorel* d commillioners (hall think proper. II t'rd be it further cnaclei, by the authority aforefaid, that ic fliall and may be lawful fir the above mentioned xo tnmiffionei 1 to foe for and receive all fums ef money that is or hereafter may be fubferibed for the purpofe of cut- tin"' the f lid canal. ]\[. And be it further entiled, by the authority afore fa'd, that it fhall and may be lawful for the faid commiflioners-, -md thev are hereby author led and empowered, to cut the faid canal throuph the land \ rpole of k cp ng in rej air ihe aforefaid canal. V. And be.it further entMed, by the authority aftre/aid, tiiat the county court of Currituck inali have full power and authority to levy a teil on all perlons ptliingin the faid canal or on the banks thereof ; which toll fhall be collected by the coninnllioners aforefaid, and a/pited to the puipcfe of keeping in repair the aforefaid canal ; and if there lhould be any fui plu;, the fame lhall be datributed amongft the fubferibers in proportion to each fubfeription. Chap. LXX1. An c3 empowering commiffioners to difpofe of the lands and glebe the property of 'St. John's purifj, for- merly of the county of Bute ; no J' in Franklin. TX 7JHEREAS in the building of the glebe aforefaid there is yet a balance due Robert Coodior, Elqtiire, which W ought to have been pad before the divifion of Bute county : and whereas by the purchafe of the aforefaid rrlebe ir is confidered to be tiie property of Warren and [ratiklin, and it now become of no ule to either county : j. Be it therefore emiledby ihe General Ajfembly rf the Stale c/"M»rth-Carclina, and bv the authority of the fame, that Beniiet Hill Jidtuard lines and Ivilila-n Ranfon, •* ar y two of them, be and they are hereby appointed commiflioners, witU full power and authority to fell the lands and glebe aforefaid upon eighteen months credit, thepurchafer giving bond and fecurity for the fartiiful fierformance thereof, the conr.nillioners firft giving three months public notice of fachfale by advertUement at the coun-honle? of Barren tnd Franklin aforefaid. II. ArJ bt ft further enaiied, th.rt the coin.iuffipners aop limed by this ad, lhall previous to the entering on thebufi. veV. hereto i itended, givt boi.d and fe,cuiity to the prefiding Juhice of either the aforefiid counties in a bond of two thoufand pound?, ior the faithful application oi the monies aiding from fuch fale, in the manner as is hereafter di« rtcfed. III. And be it further enacled. that the commiflioners a f r^faid fliall, after their collecling the monies arifing from fuch fale aforefaid, firtt pay un o Robert Goodlor his jufl Otu ahcls agairfl the parilli alorela d For build. up iheatorefaid glebe and the refidue lhall be paid one half to the county court ot Franklin, and the other half to ihe county . court of WaTre'n. to be bj/ thetu applied towards leilenm^tae taxes of the atureiaid counties. *92 Chap. LXXII. AncS'.ovefl the t'tl- <■/ 'a piccecr farce! 'af/anf 'f-ptg in [Jones' { ouKly, in Kovell En wn mdhU heirs, in fee J, [le. \X/HE^F;.AS t appears 'o the fitttfaction of this General Memply that Ho-wel firovfri, of Jones county, on the VV eighteenth dij of December, iti fire year of our lord one ttioufand ieven hundred anct'ievctity nine, .: i.i pni- chale ot Durham Leigh of Duplin county, ;i cei lain piece or p.ircel of land lying in Jones county ou the weii {iu-_- c I ",o- fiua's creek, containing two hundred acres, hutted ard bounded a^ follows, to u.t, beginning 1 at a gum in "lie edge of faid creek near '< F.VJl/a Biackfhear's line, and runs wirh' his line north feventy-iwo decrees weft one hundred and fifty iour poks to his corner white oak, then north eighty degrees weflttn poles to Benjamin Foitham's corner dig. vood, then with his line north fixty three degrees weft fibVt'y four poles, then north four degr-^er eaft one'hundred and lixry poles, then iicr.ii eighty nine degrees eaft (t-venty po'es to a pine in Jojepb k'.nj y\ line, then with Ins ime louth thiry fix degrees rail eighty-eight poles to his corner pine, then with another ct his line-- ncrtn fixty-o; c dp- grees ealt fifty poles to h;s corner pine on the fide ol (aid creek, then with the various ccurfes of the fame to the be- ginning ; and did in good faith pay the purchafe money thereof unto the f.rd Durham Leigh, who fmce the laid pur. chafe hath withdrawn hiniielf from this and theUnited States, andattached hitnfelf to the enemie? of the l.nie; and his eftate by law hath been conflated, and natn made no aflurance :o the laid towel Brown to veil the laid land in liim and h : s heirs in fee limple : _ I. Be it therefore enatltd by the General Affembly of the fate of North.Carclina, and it is hereby em He I, h the auth*. rtty of the Tame, that the laid Ihwel Bro-jjr, be, and 13 hei efcy invelled with nbfolute ri^.ht in fee li.np:e :-,t and to the before recited tract or parcel ol land containing two hundred acres aforeiaid, in as lull and amp'e mannt r as he would have been if the laid Durham Leigh had executed to him a good and lufiicient title hi law for the afortiaid tract cr par- cel of land ; any law to the contrary noiwichitanding. Chap. LXX1V. An at! to amend an aft puffed at Hilltborough in the year one thou/and feven hundred asd eighty. fwo ? cnlithd, An act to veil the title of a certain tract: of land in Rd>ert Cummins, p. 105. WHEREAS it is enacted by the before recited act that Robert Cummins of Guiifrd cur.ntv, fhouid pay into the hands of James i/Martin, John Pe. [fly, and John Giltifbi£ t commiihoners ot confiicated property lor laid coun- ty, or any two of them, the money due by him to Archibald and John Hamilton for tiie atorelaid tract oi land in Ipecie and the commiihoners aforeiaid to make him a good and furficien: deed ot conveyance for thte' fame : and whereas the above commHIioufers refigned their comnvihons before the laid Robert Cummins vvasable to procure the fpecie to pay for the fad tract oflind: I. Be it enacted by the General Affembly of the fate of North-Carolina, find it is hereby enacledby the authority tj e fame, thu the faid Robert Cummins make due p.-ont to the fati>fact'on of the c.iinty court of Guildford oi the monies and iniereft due to (he laid Archibald ?.nd John Hamilton for the laid land, and fhail pay the la'Tte 10 Charles Br^ce, com- mifiioner of conri'cated property for the didnct of Salijburv, that then and in that cale the faid Charles Bruce lhall make to the faid Robert Cummins a good and fufficieot title to the faid land, agreeable to the before recited act. II. And be it eraded, that fo much of the before reciied aft as comes within the purview ot this act, is hereby re- pealed and made void. Chap. LXXV. An ail to appo'nt commiffioners to carry on and finijh the public buildings in the county of Anfon. WHEREAS lonie of the commiffioners for carrying on and fi.ihhing the court-houle, prifofl ard docks in he coun- ty of Anfon, are fome deid, and others have removed out of the faiJ county, without effecting the purpolee for which they were appointed. ' I. Be it therefore enaSied by the General Affembly of thefmte of North-Carolina, and it is hereby enacled by the autho- rity of the fame ; that fames Marjhali, Stephen Par, Jonathan Jack/on andThecd -rick Webb, be, and they are hereby appointed commillioners to carry on and hnifh the court-houle, priloi and Hocks in the faid count/, in the fame man- ner and under the lame regulations and restrictions that the former comniflioners were hound to do the latre, th y firft giving bond and f-curity to the icourt of Anfon in tne furu of five hundred pcunds, conditioned fcr the faithful difchargeof the duties enjoined by this act. II. And be it further enaifed, by the authority oftrefeid, that the comraiflioncrs by this aft appointed flail have full power and authority to demand andrecetve all films of money whi:h have been levied for the purpole of ere fling the aforefaidbuUdings, from any peri On or perfoas who may have col'ected or received the l;nne, and failed to apply it to the purpoles for which the fame was levied ; and in cafe they fliall fad or neglect to pay tne lame, the commiihoners by this aft appointed are hereby, au'hbrtfed to enter up Ludgment ag^inft fueh perlons, tor the balances they may lelpectively owe, in the fame manner that the public ti'eafurer is direfted i6 enter up judgment rgainit dehnquent iieriffs. w Chap. LXXVI. An aft ftr eftabiiflring a town on the lands 0/ Andrew Bafs. HER-EASit is reprefented to this General Aflembly t':at a town on the lands of Andre-v Br./}, on the north fide of Ntuft fiVii in l-f'a, >;c couiity, where cbc court-houle and other public builuiii^^ no,v iUnd, would teud t«j ! S3 the promo' inn of conimprc?, and t'le ;'fe and convenience nf the Ir^nSit.-.nts f fi'u ccur.ty in attending rrnrts ;ihd other pubic oulinels : and. the (a# ■•'■-'"'">'' :y '-'V/i having l^giy^pd bis alicntby a certificate under his hand, to iyfae'ftxfv. acres of aid inn.-.! laid eft* for a town and fi; ft en for commons ; I. Beit therefore enailedy by I'm Ger.tr. I Af/imbly oftheflate i/Nju-t.h-C.-irolina, end il iskere:-: en t icZ(d, by W autho- rity of the fame, that the directors ortviwkes hereafter sf;ri:K.!, or a u ajority of them, fhali as icon as may be af- ter ttie pailin^ cf this aJ, caufe Kvenry-rive acres of the land aforrUid ro be laid oifin lots cf half an acre each, with ccnveirent timers, lanes and alleys ; whicn lots fa laid off according to the direclions cf this acr, are hereby cpnlbtu.-. ted and erected a town and lhall be called by the name of Wavjfov oug':, II. And be itf.o-il-er rne.Flsd, by ih: mffarifj). rfonfiid, tiiat from an.d after the pa (Ting of this 3! M'Kin- rde, fen. Bu>-jj. it Mooring, ly'lliium Ji'hitf.dd, fyfepfc G^em., 'William Whitfield, jun. Duvid jennegan, jutta Richard ■'dihim M l Ki,::;:c, jun. and !-'U:;j ■>: Ftih-M, be .\ni they a re hereby conttituted oireftors and truiiees for de. r, bni! ing and canying on the laid town ; and tl,iey lhall Hand feized of an indelealible efbte in fee fiinple cf its 1 .i i fe'-ency-rive acres of land to and for the ules, intuits and parpefes hereby expreflcd and declared ; and they or a majority of them Shall have full powerand authority to meet as often as they (hall think, recellary, and c^ufe a pi in thereof to be made and thereii) to inlert a mark or number to each lot. ; and as foon as the laid town fliall be laid otfas sfoief.nd, they and each of them (hall have power to take (ubfcrip.tions for the faid lots of iiich perfons as are Hilling to lubfcribe for them, and when the laid directors lhall have taken luhlcriptians for fixiy lots or upward?, they lhail appoint a clay, and give public notice to the fublcribers of the day andplace appointed for the drawing of laid lots, which fliall be done by ballot in a fair and open manner by the direction and in the pretence of. a majority of the faid diredorsat Ic.ift ; and fiach fubferiber lhall be entitled to the lot or lots which lhall be drawn for him and correfpond with the mark or number contained in the plan of faid towai ; and the faid directors or a majority of them». lhall make and execute deeds for granting and conveying the faid fixty acres of land in half acres lots as aforefaid, to the fublcribers, their heirs and alligns forever, ami alio to every other perfon or perfons who lhall purchafe any other lot or lots in the laid town, at tha colt and charges of the faid grantee to whom the laid lot or lots lhall be conveyed as aforefaid ; and every perfon claiming^any lot or lots by virtue of any fuch cpnveyan.cc,.,ihall and may hold and en- joy the fame in fee limple. III. And be it further eneSied, by the authority aforefaid, that each refpective fubferiber for -ny lot or lots in the faid town, (hall withinone month after it lhall be ascertained to whom each of the faid Jot) doth belong in manner herein before mentioned, pay and latisfv to. the faid direclo,-* or any one of them, the fum of three pounds five Ihillings for each lot by him fubfenbed for ; and jn cafe of the neglect or refufal of any fubferiber to pay the. fa ; d fum, the faid directors Ili3il and may commence and prol'ecute a fuit or luits for the fame, and therein fliall recover judgment with cofts of fuit ; and the faid directors (hail as foon as they receive the faid money, pay and fairly unto tfe faid An- drew Bafs, his heirs or alligns, the fum of three pounds for each lot in fu!) latisfacticn for the faid lands, and the remainder in their hands lhall be applied towards defraying the expenses of laying oft" and improving the laid town, in fjch manner as a majority of the directors lhall think proper. And for continuing the lucceffion of the laid direc - tors until the (aid town lhail be incorporated : IV. Be it enacled by the authority aforefaid, that in cafe of the death, refulal to a& or remcvjl out of the county of any of the laid diredois, the furviving directors, or a majority ot them, lhall allemble and are hereby impowered from time to time by inftrument of writing under their refpecYive hands and leals to nominate fome other perfon being a freeholder in faid town, in trie place of him fo dying, refufing to act or removing ojt of the county, which a new director io nominated and appointed, fhall from thenceforth have the iame powers and authorities in all things in the matters herein contained, as if he had been expreflly named and appointed in and by this act. Provided neverthelefs, that the faid Andre-jj Bafs lhall have to his own ufe a referve of three lots of his own chuting, which choice lhall be made previous to the day cf ballottirg for the faid lots. V. And be it further enacled by the authority ajorefmd, that the direftors (hail have full power and authority to pull down any chimney built of wood in the laid town, or any piazza, or any other building of any kind whatloever thac may be made on any itrest, lane or alley in laid town ; or prevent ftsck of all kinds \\h,tloever from running ac large, foas to interrupt any of the faid ftreets, lanes or alleys, as a majority of them lhall think proper. VI. And be it enacled by the authority aforcjaid, that the three acres of land formerly conveyed for the purpofe of building a court-houfe, prifon and Itocks, be part of the aforefaid iixty acres, and under the lame rules and rellri&i- ons, except one lot where the court-houfe now Hands in faid town, and one other where the commillioners ior bun- ding the court hotile, prifon and Itocks may think. necefTary to build the prifon and itocks on.. Cha?. LXXVII. An aft to erec? and eftoblijh an academy in the county c/~ Franklin. WHEREAS the efbblilhing an academy i.i the faid county for the education of youth will be attended with great advantage to the (fate in general, and the county cf Franklin in particular ; I. Be it therefore enabled by the General Affembly cf the State of North-Carolina, and it is hereby eneBed, hy the autho- rttyof the fame, .that doctor John King, William Lancafitr, Jofah Love, Benjamin Seawrll. Robert Goodlow, Robert B:d, Jorden Hill, Francis Taylor, Hugh Hays, William Green, Thomas Stokes and doclcr William raretl, Elquires, be and they are hereby ccnllituted and appointed truitces, with full power and authority to receive into their bands anci : c -3 pc Ueffion, ;i)l monies and ether property wTiich have been or hereafter may be futiferibed Tor tVp p»i rote ^ e r ' n 5 an academv in the town of Lewifburg in the county aforefaid by the name of Prank'.h and their fucceffors fhall be able and capable in law to ^lk for iirid demir/d, receive andpifi : "I ' cn ' bers all i'umsby ihem reipedively fubfcnbbd, and in c.Ue of reiuidi «.- ,.n> < I f em io pay iheHttie, 10 liie : ; d recover by ad;on of debt or othuw !e, in the name of the truftees, the lum which fuch perfon ft rcfulir.] fha'l ha e lubfcribed, in any jurifdidion ha\ ing cognisance thereo', and the monies when ciSllected and received to he apphed by the laid truftees or a majority of ihem towards paying for the houfi already c< nu-aded for to be. ereded in ti e wid town to contrad with wnd employ a tutor or tutors, and to pet tunc eve; y ad or thing that they or a majority of them Ihall think liecefFary and expedient for the advancement ot the faid a Jdejny., and the prorpo to«-> of learning therein. II. And be it further emitted, by the authority afort/aid, that the truftees herein before mentioned, fliall previous to their enter'nic* on ths execution ot ihe trull repofed by ih'ts ad. give bond to t:ie court of the county, payable to the chairman anddiis fucceffor, iii the fum ot one thouiand pounds ipecte, with condition that tney Ihall well and faithlu ly account for and apply all gilts, donations, bequefts and monies which they may receive of and by virtue of this ad lor the purpofes aforefaid. _ ' III. Jr.d be it further etui fled, by the authority aforefaid, that if any of the trultees by this ad appointed ihall die, relul'e to ad or remove away, that he cannot attend the duties of his appointment, the remaining trustees niav appoint another or others in his or their Head, who ihall exerciie the fame powers as truftees appointed by this act, and when met teeether in (rid town Ihall have power and authority to ekd and conliitute one or more tutor or tutors and-a trca- iurer and alio -to make and ordain iuch rule* and regulations not repugnant 10 the laws of this ftate for the well or- dering of the ftudents, their morals, lludiesand academical exercifes as to them (hall feem meet, and to give certifi- cates "to fuch lludents as Ihall leave laid academy certifying tneir literary merit ; Provided, they (hall not on any ac- count confer any degrees fuch as batchelor or mafter ol arts, or doctor in any faculty ; in general they ihall and may do all fuch things as are ufually done by bodies corporate and politic, or iuch as maybe necelTary for the promotion of learning and virtus ; and the laid trultees or a majority ot them are hereby impowered and fhall have lawful authori- ty to remo/e the tutor or tutors, treafnrer or any ot tfefert if they fliall find it necelTary, and on the death, reiignarion cr refufal to ad of any of them, to appoint and eled otners in the ilead of thofe dilplaced, dead or refilling to ad. IV. And be it further crucial, by the authority afore/Sid, that the trultees by this ad appointed cr a majority of them and their fucceflbrs, fliall meet annually on the Iecond Monday in De> ember in each and every year, or at any other time they may find more convenient, and elect a proper perfon out of their own hotly to preGdc for the term of one year who may convene the trultees at any time he may find it necelTary. Provided always, that he fliall give ten days previous notice of fuch meetings ; and that the prelident and trealurer Jhail be choieh on the laid Iecond Monday it] December imlels in cafes of unavoidable accident. V. And be it further enabled, by tie authority af. re/aid, that the treafurer of the faid board of trufiees fliall enter in- to- bond withfuhTciencfecuiuy to ihe trultees, cond.tioned for the faithful Jidiargeol the trult repofed in him by this ad • and that all monies and chattels that ihall hi in his haids at the expiration ot his office, ihall be immediately paid into the hands of the fucceeJing trealurer ; and every trealurer (hill receive all monies, donations, gifts, bequelt&and charities that niay belong or accrue to the faid academy during his office, and at the expir.nien thereof (hall account v ith the nuiiees or a majority of them for the lame, and on reiutal or neglect to pay and deliver s> aforefaid, the fame mode of recovers may be nad agaitlit him as .s or may be provided lor the recovery of money from ihcriffs or other pub- lic officers. Chap. LXXVIII. An ncl for ejlciblifhing a to-jtn on the land of 'Robert Burton, F.fqitire, in the county of Granville. WHEREAS it hath been reprefented to this General Allsmbly that part of the lands ot Robert Burt&t, E'quire, in Granville county, on tire great road and the fork thereof, one leading from Peter/burg in Virginia to Fayette, vilie and the other lrom Hi- 1 if ax to Hilijboi ough and the v < ) ! < n> p;;i t ot this Hate, is a 1> j-h, ! e;ijH-y r.r* ple;.lant lituation well watered with cool retrelhing (prints, and alfo well calculated Jor an. inland manufaduring town-: I. lit it therefore, enacted by the General Ajfcmtly ofrthif //ate., and it is hereby enacled by the authority bfthefefoie, that feventy-rive acres-of laud, including the Itreets and lo's when the lame fu.i'l be laid off according to the directions ot this act be andthe fame is hereby coaitituted, erected and elt.ibhlhed a town, and (Inll be called WilViamJhorough. .11. And.be.it enucledby the authority ,-,/> e/.iid, Mat from and after the palling of this ad, the honorable John IVH» Hams, Efquire, Bromfii Ul Ridtey, PhJi'non iiaiukins, jui). John Xonnrviiie, 'Thomas Satterivhrte, Leonard Henty But* lock, li'ihei t Burton, ffowel Le'Jbis, Thor.nton Tar.cy , HerUtel Lcjiis, jun. Join Young, Robert Coleman, Samuel .Smith and Thima< frAller, £i quires, bs, atal they and every ol them aie hereby conltltuted..diredgrs and trufiees tor dc- iigning, building ard carrj i»g on the. laid town ; and they ihall ttai.d leizeJ cf an indefealible cftate in tee in the faid Jeventy-fivc acres of !a "id U, ai.d ior the u'c-s, pui poles and intents hereine\pi elfed and declared; and thc-y or any eight of them (hall have fuil power and authority to meei as of ten as they fl',,11 ihitjk n^cefliry, and. to lay off the laid feven'tv five acres of jr.nd into lots on both iides of the.la;d road, with a la: g.* commodious llrtet cf ninety leet wide pafling tbrongh the -fa'd.town, eath lot containing 'eheaci«e of lard, awd to be one hundred and forty eight leet in £i. .lit and three hi;!-ir< ;1 feet bsclc, and caufea plqir to*be wade ittid thereon iniert the marks and numbers to each Ioi Pr'.Adid r..\ eriheUfs, thit nothing in this ad Ihall be conftrueJ or ex'end to grant power to the "laid diiecTors .or their (lucefibrs, to difpoie of fuch lots within the faid limits as h«ive heretofore been iold and difpefed of by the *9$ laid Robert Ev'-ton, nor inch *s he hit referverl for hiiUfelf«nd built ibereoa,, unlcfs the (aid ffo.for or o-'irr peifun to whprrifafihas,foid,V binding on aiKtjmproi'hjg t o:-j lou lo h.ldor re- ferved, as others according so-the d r -i u. s it ■■.>.■> ac< ar6 bound to do. And provided all a, ti»t not img herein con- tallied (lull be couftrued lo as io > . 11 the property < f the church in the faid lowr, and one acre of lane w hereon the faid church is built, iu .d^iald Rakevt.ti'*rtm or an} other; perfon or perlons holding the lame, by, from or uuder him. , . III. And be it further cnaRul, by the authority afar ef aid, that the faid commifiioners (hall caofe the faid town to be immediately to be iaid oft into lots, &c a, herein before, directed, and (hall and may take fbhfcripiioi.s of inch per- fons airaay fee caule to lub'cnbc for the fame i nt:l the whole (hall be fubferibed tor ; and the directors or a majority of them mall w thin three months after'the wh'olt lhall be fnblcribed for, appoin . a tirrefor the meeting of the faid fub. fenbers on the faid land, for determining the property ot each paiticular lot, which lhall be done by ballot in a fair manner by the direction and in the prt fence ot a majority of rhc directors at leatt ,• and each iubfcriber (hall be enti- tled to the lot or Jots which lhall happen to be drawn tor him, her or them, and correfpond with the number contain- ed in the plan of faid town ; and the directors or a majority of them, {hall execute deeds for the granting and convey- ing the faid lots to the fubferibers, their heirs and afligns forever, and alio to any other perfon or perfons who /hall purth'iTe a lot or lots within the faid town, at the proper coft and charges of the grantee- to whom the fame /hall be convey ed ; and any perlbri claiming any lot or lots by luch coiTveyance, lhall anal may hold and enjoy the fame in fee (imple. Provided -neverthelefs, thai every grantee of any lot or lots within the faid town fo conveyed, /lull within ten year-, next after the date of the conveyance of tlte fame, ereft, build and finilh on each lot lo conveyed, one well framed houle.fixteen feet fquare at lealt and ten feet pit'.h in the clear, or proportionable to fuch dirnenfions if fuck grantee lhall have two or more lots contiguous, with a brick or ftone chimney to luch houfe , and if the owner or ou ners of luch lots fliall fail to purfue and complv with the directions by this aft prel'cribed for building and finiihifeg a houfe thereon, then fuch lot or lots on which luch haute or liouies lhall not be built and finilhed, mall be revetted in the fad directors ; and the faid directors or a majority of them, may and they are hereby empowered and authori- led'to fell fuch lot or lots at public vendue for the molt they will fetch, and to convey to the purchafer (1 fuch lot or lots the fame, in fuch manner and under fuch reilriftions as they could or might have. done if fuch lot or lots had not before been fdd or granted. IV. A'nd be ii ft tlur enacled, that the faid fubferibers fiiall one month after it /hall be afcertained to whom each cf the laid h.K doth belong in maimer herein before mentioned, pav and fatisfy to the faid directors the turn of fin pounds for each lot by him, her or them fubferibed for : and in cafe of refufal or negieft of any fubferit er to piy the f.i'id fum, the faid. directors /ball and may profecute a i'uit in their name for the fame, and therein recover judgment ,',vi h colts of fuir. V. /Ind belt further enafled by the authority a r orefa'xd, that all the monies that Zhall arife in the firft in/fance from the fubfeription for laid lots, /hail be paid to the (aid Robert Burton as a compenfation (or laid land ; and that what- ever monies may arife from tire fale of lots after fold for want of complying with this aft in improving the fame, Zhall be applied by the directors or a majority of them, in hiring and employing fome minifter of the gofpel to pTeach to the inhabitants of the laid town. And for continuing the fuccellion of the fakl direftors until the faid town lhall be incor- porated : VI. Be it further eneBed. by the authority ajorrfaid, that in cafe of the death, refufal to a£t or removal out of the county of any of the (aid director?, the lurviving or other directors, or a major part of t'h-m, (lull aflemb'e and are hereby impuwered from time to time by inftrument of writing under their respective, hands mdfeals (which inftru- ment fha'l be recorded in the court of the county) to nominate and appoint fome other perfon or per ons being aM inhabitant; inhabitants, freeholder or freeholder of the faid town, in the place of him or them fo dying, refuting to act or removing out cf the faid county ; which new director or directois, fo nominated and appointed, fhall from thenceforth have the like f owtr and authority in alHh'.ngs and. matters herein contained as if he or they had been cx t refsly named and appoimed by this act. CHAf. LXXIX, An ail appointing commiffioners to fix en a convenient place for holding the courts of pi: as and quarter J e [J ens .n the cm-Mi of Wafhington, aid Icr veft'ing the cpmmijfm/iers herein mentioned with full power to call out of the former cofnmiff.ehers hands Inch funis of money as may appear to be due in their hands. J. O E it en/icled, by the General A'fembly i f the State s/'North Carolina, and it is hereby. ensB;d, by the authority of Jl} the fame, that Benjamin Ward, .Rtberi White, hdmond Williams, William A'oore, Jo'.n. Hammer, Robe/ 1 Love, and William Prefly, or a majority of them, be and they are"!her^by appointed c •mmillieners to lay off and appoint the place where the court houfe, prifon and ftockf, for the ufe cf the faid coun y of li'a/hington, fhall be erected or caufe the fame to he erected : a id for defr lyii g the espenoes of the fdd building, that the commiilioners afor^- faid fhall have full power and authority to call all fuch fitms of moneys cut of the hands of the former commiilioners their hens, executois, adminiftrators oratE-ms that were heretofore appointed for erecting the faid buildtpgs that hath no, been a; plied to the ufe aforefaid : and perhaps t.xte may not be a fufficic t fum in tlieir hands to compleat the faid i.ui'd ngs : II. Be it further emefed , by the authority afore/aid, that a tax no' exceeding one (hill ngbe taxed on each poll :r» the /aid county, and four pence on each huudrai acres ot land ,or the pu pole aforefai i, and chat the fame llu.lhe 196 collected by th* fame per-'bns and in the faiwe minner as the p'ibl'c tax's in the fad county are, 8n I noney fo co letted (hall be o; d into ths hamisof the commiiTioners herein mm:, I for ^rectin r the fed public bb'ritiingbj a id on iion payment ot tiis tax to be collected in virtue of this aft by the Iheriff or other collector ■ (Vd iheriff or other collector flul be liable to the fame penalties as for other public taxes, and the laid comrnilioners fhall be entitled to the lame mode of recovery againft the fa id fherirfor otner collector, as other public bfficera ;;re entitled to have again I'c them on non-payment of the public taxes. ' III /Ind be iiftrther enabled, bv t'hk auth " ritv aforefaid, that the fh?rifFitr ct^er coll- ct or of the laid county of. Washington, is htreby empowered and directed to account f.r and pay the money b, him collected for the purpofe of building the aforefaid ccurt-houfe, prilbn and flocks to the comniiffioners aforefaid, after deducting his commii- lions for collecting the fame. IV. And be it further en-tfted. by the authority aforefaid, that the commiffioners herein before appointed, or a rr.a- jority of them, are hereby empowered and directed to employ workmen to build the courthoufe, pr;lon and (locks in the faid county oiV/ajhington ; and tne courts of the laid county may beheld atth.i h ufe of IVilOa-n Davis in the faid county, until the court houfe, prifon and (locks lliall be built ; unfefs the cours for the faid county mav think. proper to adjourn to the appointed pace fooner, and then all proceis (hall be returnable agreeabl'e to adjournment. V. Aid be it aifo entitled, bv the nnlh, George Lucat, J'jfrph Sfiwart, Roger Griffith, M.itkevj Jone', /.cirlarla't Harmin, PatrickSt. Ldv/reMce, Nathan Stedmati, Jc.:;ies Map. ' fey and William Riddle, be and they are hereby constituted and appointed commiliioners of the faid town, with full pOtVer and authority 'to aft and do every thing that the. iruflees in the before mentioned ait lawfully might do er have done ; and fhall keep the ltre;ts lr good order, to which end they areksreby authoriled and empowered to ao> point an overfcer of the lame, « irfa authority to inmmoi s the inhabitants of the town to work thereon ; and in cafe of refnfal cr neglect of any inhabitant fummoned lo.w oi k on the fin cts, or to procure a itdicier t per fan in his ftead to perfqr a iu:u wcrh, ever, fa.h inhabitant fo refiling cr neglecbng fhall forfeit and pay the fum ci live fliillings for each and every rcfu'al cr negleft, to be recovered by warrant under the hands and leals of any two of the comntiiii- ouers 01 c:mph.i it made by the o<-erfeer ; wh c'i money Ihafl be applied in repairing the llreets cr any other u'eliil works as a m?j.>ri'y of the commiliioners may think fTtpcr ; provided, that no inhabitant of the laid town lhall he compelled to work on the itreets thereof more than tour dajts in any one year. III. A,.d be i>firiher enacl.d, hytheg for the land) mail be applied as a maji tic of the commjtfioners fhall this k mod conducive to the emolument and benefit of the (aid town.. V. 4qd be it further ew&id, by.ihe.ateti&ityiforefaU, that the before rtci'tedacr, or (o much thereof as comes within the purview or meaning 01 this : Ct, be and is hereby repealed and made void. . Chap. LXXXJI. Am cB vefiitg certain lands therein meKtknea in John Colfon, fen if William Colfon, in feejhnplr. W r HEREAS it is r preleqted :o ti is General Ahtmoly that s.bout fourteen years ago, a certain John Colfon, mad-. a gift to his Ion fi'.i.i.:;:t Col/im, of a pi-c? or- para 1 or land lying near the mouth of Hockey. river in Montgome- ry county, containing by eflimatiuu tnree hundred and fifty-one acres, and actually put his faid-fon i Hi pofl'eWion of the fame ; and whereas the laid John Cal/foi during the late war, attached himfeif to Mae common etiemy, and with- drew himfeif from the live w thoac having made unto his l'aid fo-i Wilitam any deed of conveyance for the faid ands : ar.d whereas H'u'u.ir.x C Ijht dice: fomc 5 ears after, If ft behind-a ion bjr the name of John Cilfqn, and bv his lair will and relhamen: deviled to his (aid fan John the afocefaid [iece or pare; I of lands, uHrh in the opinion of feme of the cit irns of this ltate is confilcated, as beinp the proper')- of John father to the laid William, and the commiflloner of epi (Heated property for the difiricl of Sali/bury hath leizcd the fa;d lands as the property of John Colfon father to tha faid William Colfin, in order to Ceil and thedtfjre. ot the inhabitants of Chatham county, that the following acts located to particular VV coontes, be extended to thi> faid conn ty : 1. Beit therefore enabled, by th; Cenir-.l Ajftmbly of the flat e o/North-Csrol'ni, ei,i mentioned, tobu'ld houfes in their refpective couniies.ftr the reception cfthep'tr and cither purpofes ■'■' i ,:e validity and effeft in ihe county of Chatham, as if the fa'.d cr-unty 1 ad been eSprcffly named in c to the contrarj nut with il mdtng. ■ :■■>> cf -, . Ff'aVJ. rf'Nev V-n hike year 'meihoufa -id Jeven hundred end e'gl yjive s - ■■ . , /'es, pa i Iters) viiW cats; bears, trows atidfquirf els in the fcrcral counties therem ■ l 55 BE t : "fjheState s/"North Caro]ina, andjt is hereby, enccled, h t'e cv'.'-.v'.-.v ■[ t>*t ai d al . ' HS.is acf'tfi't tiefbre recited act .0 t.u as the Ihiue providesfor the killing ti crow* and fqairrets be 1 and the '.ante- ,? hereby repealed SrrJ made veil. C :.Y , XX 7. xV; •/? r« 'ffsS '.he nutting and coaxing a fc ;'■■:■:. the .' u>«* e>:<< s/~ Clinch bkaitftoitt'to the Cumberland' Settlements, andfot freftrving and granting fafety to the inhabitant* thererf* WW. EAS it has been reprefemed to the inbly oy the jxpjjclcaiatiics of the countiesof- La-jidf, li.perir.tcr.d the fame. Aid in order that the fl r i unties of Dat-idfiti and Sumner in their cp;;Tter-fc-iiions. to lay a tax on the poll and #ii t ixabje | roperty wirHn tlie jaid counties fufiicient topay the labouiers emp'ojed i.-, cutting and dealing the laid road from the loxter end of Clinch mountain to the Ciajibert&nd fertleTBenis, and alio thefe employed in fuperintending the fame, and atfo for the provillon neceflvi-j to be furiiifhed thoi'e employed in the fa d lerviee ; and the tax ib to be levied fhall be collected and accounted tor by the collectors ot the public tax and by them to the county treafurer, and by him to the courts and by them or their chairman to tho'e employed as above ; ar.d the faid collector or collector?, before 1 e or they enters on the execution cf their office, fhall enter into bond with one or more (ujficient lecurit.es in double the fum to be by hitti or theMl.'ceHectcd, for rbe rarehful peTfofrnincfe df the trull in him or them repoled, and lor. the cel!ec1inn rr that purpoff, and upon the appointment of a new trealurer the old one ihill immediately pais his account with him and pay any balance there may be in his hands ; Provided, that before inch treafirer entets on his olfi.e he fhall ^ive his bond with approved fecunty payable. to the cotnmiHijtiers for taa faithf-l difcharge of his duty. IV. A,id be it further enacfed, by the auiWtty afr-fid, that the comniifTioners of the faid town Ihill choofe and ap. point a proper perfon to be their clerk of he fi d town, tjact as fuch during good behaviour, who lln'l be allowed a rvaibnable falar^ and e: tsr into band to the ccm.n ffioncrs of ths fiiJ town an I their fuccsiTors with fufiicient fecuriry in die lum of two h inJrj I pou id. lawful money of t'lls ttat.% for the due a id faithful execution of his office and the tr>u,t rep Mew i 1 hi n.f.ir t')^ isife '•'-".■ad.; of the bjok-. and papers pu f into Irs care an J keepinj? a regular and fair jour- nal of ths prqcsfidujgs of the cm aiffiwei s Jarirg his cjatm".iancs in oliice ; and all perfpna i'liill have free accefs to . 20 r he pen% of forty' fallings for every refufi.1 lo •: the Peace or the ounty pf Cbovian by any perfcn. who ftiall fue forthei efufal, one ha.; to r.i: profecutor c : :.; other to bs paid t,o the treafurer of tiie town for the the town. " " '" V. tint be ft fart). 'I. .'. that the commiffloners cSthe town To choferi and Qualified - i of this act (hall be and they are hereby incorporated into a body polit c and the na .ui by th.it name to have annual fiieceifion by the election ofthefr <-.';»• 5b ? this 'aclfsdlrefted and a. common md I ors oV the name a n law to have, purchaft o -them and their fuecoTqrs'i renrsand let ver and (] feoftiie fame, alio to ret take an <;ifrcrdcu bever to the iaid town Lvi a'f« by the to fue and implead, belticd an'd . diyered :u all courts whatever and from time and at all time hereafter i : e Inch rales, orders i - reels, erefting ; the' fame, alio all"\ vtheprii t of bread once in every month a to the price ot flour ere ,g in repair thole dready erefted, furroundin £ the town witha x fence, erefihrig proper gates ■< rod alfo ihall ryancetqfucb ., , ,', mall refule or neglect to conform-io Ihch i under tl I fealof theiaid commiffioners dircaed to an; them appoi nevertheleistoan«p icouriry court, which faio in Cafe ■ . ;-.. r ,;.j;i J ' that fue • ordinance* . ;'. [and ,Yt ^f;«nef«id"comouffioncrsbef*«.the nexi ie, remove out of the coanty or refufe to , ners n ._ t] f , )thtrs in the room and fttad of thofe dying, i cnofen and qua!;:, | ,. lV g the lame p as . * hayeby thisact. commiiiioners VIE A'.dhUrtrrtn r&J, /, 5&iJtow H lbalfann{ia'lv"lev , va tax not exceeding ten millings < i of taxable pro] i | rown ,. ta ' : °f. K ' nl . ty, v nich edbya-- arrarU m er thenar) Isai-'diVal of-theo And the u> |y to ascertain Klf , ■ t 1 "!' 01 ^ ■ B : ■ ii the time h< ft.aU i? h;st , ; ' alj return « fituated within toe fa;d town, an. iter of His) if any inhab'ita f ,„ do ' t!ie rder the town tax to be levied for. the . the amount o, l b ■ r- .'v •„•„ !-d * " "--'■■<- i J 'o- iX - And }\ ' :,J: 3ll P (rl ^ ; -= whoi&aWbave refided fix months in the faid town ihall b= fnbi-ft r, ivn. , luujBij. ia • th2t tI:ecc Ley of them foall , rnn '| v raprop™. sftthetaxofi toil , nien ,t made by the alienors ap by tne court ot the county ■ on the e . fear, after detfuaing five per cent- commilD 011 V° rh: - tr ang the fajd collection ; a orrefufe'to accent tor o wlierewitii tin, his Z- nuffi ww, it (ball arftj may be lawful for the lupenor cottr. . , , tbe paa| £ oart of ^ ^ s «?»" ****" " crannjor,:;, ,::!,,,„, , ,f. of th, treafurer of the town , If ro give juJ '/'"•aHmcfnit ta.towu th oflMrt, anci thereupon to a war* «ecol weSwnnrf, lucbcoHeaorand^f e cunue S :P w Le t,n days previous no.ie of S 202 fees, the overplus of the goods and chattels fold (hall be returned 1 to the ownei i! any ; and the faid commiiTioners or a majority ot them are hereby empowered and author. fed to grant deeds tcr a. j lot or lots improved or unimproved, which dee Is (h.ill be good and valid in law. XII. And be it further enacled, by ihe authority afo efr.ia, that the bcoksin which the proceedings of the com miff! or*, ers were enteredof Hull be entered t>v tbethfejves t r ihe r clerk of 'be town reflecting the tleoticn of commilfioncrs, laying taxes, granting and conveying lo:s and entries or lot;, .that the faid books and all the legal proceedings and act; cf live commifiicmers therein entered agreeable to the ach ot Aflembly abo.t e recited, lhall be and are hereby confirav- ed, and [hail be received as evidence in any court of law or equity *. r.ere trie t'lesof lots may come in queftion. And whereas many difficulties have arole relpecting.the lines defenbing the Iocs in faid town ■ for remedy where- of, XIII. Be it further enaftxi, by the uuihcritv aforefn';d t that after the p'nlllr >g this aft the four pelts (landing at the four corner? of Ring and Broad (rreet dial) be the pi cpfiiUtion toI>egiri tl e meafurerneDt pf defenbing the lines each way of all the lots in faid town ; -which lines? when run (agreeab e to the (landing of faid polls) by the commifitoners or" faid town forever be confidered as right ; any law to the contrary notwithstanding. XIV. And be it further etn.Red, by the authority 'gforefaid, that the commiiiioners of the faid town are hereby em. powered and required to caufe ail Inch encroachments from which danger may be apprehends J or any great injury to the ttreets to be removed, and where any 'encroachment (hail be fjtmd on any ftreet or ftreats^from which no im- mediate danger -is to be apprehended nor any very great injury to t tie llreet, anJ the owner of Inch encroachment fhould not be willing to remove -the fame, the laid commiiiioners IhaU-impofe a ground rent not exceeding forty (hil- lings to ue annually paid for .each piazza, porch,: p'atform, fence or o*her encroachments on the ftreet, to he applied to the public (lock of the town ; and i; any petfon (hall refufe or neglect to pay lech ground reijr, the fame (hall be lev'ed by a warrant .under ihe hands an.i fed of the commiiiioners, directed to any perioh by them appointed f^r chat purpofe, on the goods and chattel- of the delinquent. XV. And ba-ii further ev.acled,, by the authority afire/aid, that the (aid commiffion.ers may let out public lots on the bay or ; n the -town that are not immediately wanted for public ufe, or buildings on leafe for any terra net exceeding fifteen veers, the rents to be annually recovered (in caie of reluUi or neglect of ti:e tenants) as heretofore directed for ground rents and applied to the ufc ot the faid town. XVI. And belt further enacted, that everr perfon who is the owner of any lot in the town of Edtnl n I! all be with- in £ix months after-the palling this act, caule die fame to be cleared from 'aojiis and brulh, and he lhall keep.it cleir under the penalty of -twenty (hillings for every offence, to be recovered before any Juflice of the Peace cf the county < .' Chowan for the ufe of the laid town. XVII. And be it further enacled, that no inhabitant of the faid town (hall be permitted to keep any hogs, geefe »r goats to run or he at iarge within the bounds of the faid town ; unde r the penalty of twenty (hillings lore - , try ..offence, tc be recovered before any Jullice of ihe Peace (or theufe of faid town. XVIIf. Ani be it furth. r er.jcleJ by the authority «/ , ejaid, that no perfon (hail drain a horfe in any. public ftreet \i>. the town fo. as to endanger the lives ot children or other ht'; i. fs inhabitants, nor fhajl it be lawful for any peif n to difcharge any fire-arms within the bounds of iaici town exa pt on mul er d iys or on other public. ■ferv.icc ; and every perfon offending agakrtl thefc regulations lhall be fined by the conini lTioner» in a»y futn iiot exceeding tweny (hillings, tj be recovered belore any Julbce of the Peace of the county ol Chowan, antl for the ufe. of the faid town. And whereas the court- houl'e in Edenton has been ranch injured, and is lubj.c't to ttpeate.d. injuries lr«m the want of proper care : XIX. Be it therefore encned by the authority af'.refaid, that the ' commiffior.ers a'orefai.i (hall repair the faid court- houfe and. keep it in order, for which repair they lhall pe pa d out of fucfi money as has been collected or n ay hereaf. ter be collected for the purpofe of erecting a pri'on or court h.oufe in the town, oi Edtr.(cn for the ajitrjet of Edenton. And whereas the fire-engine of the laid town is greatly om »1 repair, and feme parts thereof entirely deitroyed : XX. Be it therefore enadfo ' 'y ihe authorhy afore/aid t that the faid. lonimifliyners lhall ai:d they are hereby required as focn as they lhall be poilrfied ol a fufficient fund for that pni pole, caufe the faid engine to be repaired, and when o repaired that they have the I u ie worked at le:jft once in every month, under the penalty cf five pounds for every month which they IhaMfneglect to hive the fame done, to be recovered by any perion who ill all fue for the fame befere any jurifdicrion having cognizance thereof. XXI. And be ft further enaSed by thenuihorilx eforeftud, ibet the commifficncis are hereby empowered to purchafe fnch a number cf leather buikets.for the tare- engine as they may deem neceffary, and alfo to appoint ten perlrns iu- hibiiants of the laid town to work the laid fire engine ; which pertons (liall be exempted except in cafes of iniurrecliop or invjfion, in confk^ration thereof, from ah oilier public fervice, during the continuance of their appointment; and that fuch perfont may be removed at any time, and oil ers appointed for faid iervice in their ftead. XXII. /tndbe it- further entitled by the author itt afsrefaid, that in cafe of any alarm of fire, all perfons inhabitants of the laid town u ho are liable to ferve in t::e militia, lhall be obliged to render their bed affifhnce for the extinguifli- meat of the fire and other Cervices incident thereto, under the penally of forty (hillings fer every neglect to be reco- vered by ihe lomunilioners by a warrant belore a ]m't ; ce oi the Peace ; provided thai if it fhall appear to the faid ,juf« •ice by the affidavit of the faid *eVfon fo failing as aiorcfaid or otherwife, lha: he had a rcafonable excufe fer fuch neglect, judgment lhall not be given for the faid penalty but he lhall be difcharged. The faiJ penalties whenreco\'cr- ^d"to be paid to the town treahuer fer the ufc of the toA'n. 20J XX'II. Ai.lhe U furtner enacted ly the atdhorUy aforefaid, that no perfon finll under any pretence whatever make a- ny fire* or caufe any .to be nuile, on the what Is cr in the ftreeis in the night time, and any perfon ofFtrd.rg againft the regulation lhali forfv.it and pay tjic turn ol five pounds tor every fuch rft'encr, to be recovered before any juflice of the peace of the county and tor tl e ufe >; { the (aid town ; r.nd if the offender mould he a (lave, he rr (he fhall on con- viction receive thirty- nine Lfhesen his or her bare brck ; provided faid flave did not act by order of his owner or the perlo.i having the care c f fuch (1 .■ c, in which caie Inch owner or pei Ton lhall be iubjecl to the above fne : Provided, that no perfon lhall be fubject to t n ii penalties until the commillioners have made publication of the regulations luff. mentioned for the f .ace ol t'-.rec months ct lead at the doer ol the ccurt-hcufe of Chowan a unty. And whereas the regulations heretofore made to prevent dealing and trafficking with Haves, have been found in- ent to prevent that danger'-us and pernicious practice : XXIV. Be it eiu.clrd by tj)e authority aforefafd, that if "any tee perfon finll either bey frcm or fell to any (lave or Haves v. 'thin the hmit . i t the laid tov n, ' r lhall barter with any Have cr Haves any kind ol goeds or commodities whatfo- cver or ether thing, without a permilhon in writing from the mafter or miftref;, or any other p rfjn having the man- agement cf fuch flave or Haves, every fuel) perlon fliall on conviclion befcre any juif.ee ci the peace of the faid ccunty of Chowan, forfeit ami pay the i'um of ten pounds, to te levied ol his or her property as other recovei ies by Jaw for the ui'e of the faid town, ihhjeft nevertheltts to the ap.p?al of the party grieved ; and if the offender lhall not have n: property to lausfy the judgment, then fuch offender lhall be committed to clofe cuftody and lhall remain ir> prilbn without bail or ivair.pril'e for any time not exceeding three months. XXV. And be it further trailed, bv the authority afoiefaid, that if ar,y perfon or perfons fliall be convicted of en- tertaining any Have or Haves in his, her or their hcufe or houfes, or other place or places, in any manner whatfoe- vcr, tor money or Qiherwife. every perfon convicted in the above recited .manner, fliall forfeit and pay the ium of ten pounds for the firft oft'er.ce, and the Cam of twenty pounds for every other offence, to be levied of his or her pro- perty as other recoveries by law, and for the lite of the faid town ; and if the offender fliall be unable to pay the for- feiture, then fuch offender fliall be committed to dole cuftedy, aiM fliall remain in prilon without bail or mainprize for any rime not exceeding fix month--. XXVI. And be it further enacled, ly the authority aforefaid, thar after th.2 paffing of this act it lhall not be lawful for ary flave in the tov.v. to hire her cr bimleli' out or exercife any wade or occupation without firft producing a permif- fion in writing from tke ov. ner, or other perlon having the management of fuch flave, directed to the commifiioners cvf the (aid town, who Lhall thereupon (if there is nojuft caufe to the contrary) caufe the laid permiliicn to be enter- ed by the towncleik in their hook and fiied, lor which the owner ol the faid Have fliall pay to the cle'rk a fee of four {hillings ; and the commillioners or a majority of them fluil grant a licerce under their hand and leal to fuch Have to hire h« r or hjmlielf out for any time not exceeding twelve months; and any Have having a licence as directed by this act may hire him or herieif out, and may lawfully be hired bv any perlon or perfons whatfeever ; and if any perfen af- ter the p my i'ave or -flawesln the/aid town, without luch licenfe from the commifiioners as directed by this aft, he or (he lhali t'oi lei: and pay the fum of five pounds for every fuch offence, to be recovered he- fore any juftice ol the Peace of the otunty, and for the ule of the faid town. Provided always, that nothing herein to., tiii'i. J uiuil ext;nd or be couifr'-ed to prohibit any perion or perfons rciiciing in the faid town from hiring out their ihvcs, cr in eraplqyinc inch (laves in esercifing any trade or occupation under the immediate direction of their owners, fo ihat luch'iijve crfiues be not permitted tcrcceive the wages contracted for, but in all fucli cafes the owner or the perfon having the care of (ueh fl^ve, (ball make the contrad and receive the monies ariiing therefrom- XXVLI. Anibs it further enabled, by the authority afore/aid, that in all acts of the laid comniilfioners, a majority of them lhali conftku e a.qiu'um for the purpoles intended by this aft. And whereas ic is neceffary te collect .and enforce the attendance of the commifiioners when the exigencies cf the *ewn require it j XXVIfi. Be ii therefore en.-M d, by the authority afortfaid, thai if any cornmifT.oner (hall after notice or fummons fubfenbed by three ot the co nmi lioners and countesligned by their clerk, fuch notice orfumnons to contain the time and place of .meeting and to be let tat their dwelling houfe twelve hours at lealt previous to fuch meeting, tail to give his aite. dance, be lhall foefeit and pay twenty fliilbngS, unlefs prevented by licknels or fuch other caufe as lhall be fatisfactory to a board of the commillioners, to be recovered, before a Juftice of the Peace of the coun y and applied to the ufe cf .; e tow*. Provided always, that the commillioners fliall meet at lead due in every month, ar,d fuch meet- ing lhall be on the firft Monday in every month. X! . iX. Arut f>i it futthir < nafied by the authority afirefaid, that the commifiioners of the faid town (hall annually in die mouth of January publn'h sn accurate lift cf the taxes levied and collected in faid town, together with a lift cf each I'um expended, to whom paid and hr what purpole ; and the cominiffioriers failing to comply vvit.i the fame fliall for- feit and p-iy the '.'urn of fifty pound,, to be recovered by any perfon who lhall lue for the fame within twelve months ifter fuch offence, before any juvifdiftion having cognizance meteor, one half to the prolecutor the other half to be paid to the trealu.-er ol the town for the ale of the laid town ; which fum lhall be levied of the proper goodsand chat- tels of the faid commifiioners cr eijdjier of them. XXX. 4nd be it further enacled, by the authority aforefaid, that the commillioners who were rhofen in the mct;th of Jidv raft 3re Hereby-' veiled with all the powers, authorities and pre-eminences as direfted by this ait. XXXI. And be it further enacled, tha: all acts and parts cf acts heretofore palled, for the regulation of the towncf JEdenhn, lhall be and they are hereby repealed and made void. 2C4 C''' A7 - XXIX, Anattfm ' ■ ■.'"'',.-•-,-■.•• • TavcUeville. Vl/ 1 ' i : orits.towns a;id encoura&J 'their rr !'c de tor thei | thq town ol »rs during the laie war i \ refchoten, and-fomelotsiriay remain uhcinveyi .,-, and doubts may arife conq ining te titles cp tjbtenjame • . i- ."..■vvs.w.urc palled for me.rep-u. latum of the faid town, (hall be and are hereby confi mid, and.liiall be reeeiv.eJai evidence inanv' court of 1 . quit v., ' in>, officer and infpeftprs fhail jn :c of Inch, of the .electors as choofe.to attend examine ris having the greaiefl number of h -.tied,- firftgivino- teri'days' pr'evi^ wis notice by public adven pounds. for every jiegi?ci or ref aaioii»1 debt, I e!« re any whofltaH hie fbrtl after fAich negledt or reluU; one h . lelf to^epiiditp.the- trealuVeroHhe town I ufe of the town | ancl the Conimiflioners fc i etheyantero fcu iou; of their bi lowingoath : « I A. B. dpfvea'r, ti mer-jor,ihtivmn'of¥\i\6\ agreeable to law, and to the be) . . Sohtlpme God*" III. And be it further entitled, na* the commiiliones -n.r me of r! ieir body to two for that year to receive apd acc^mi for the toy ti mon siSj ior whicfi a r al: i i ntry (hall bemsde in a book keptfor thst purpofe, and upon the . ofa uew tueafurer tde old one ■;'■■ . |y pafs his account with him and | lance thei > his hands*; ?ra«^,.*hat befrh-eMuchtreafurer enters upon his offi;e he f\u{\ give baud with good.iecurity p*) ^ietoihscommiffianeasJorthsfaii' E e of'Iiis dti. ly. IV. dud be it further entitled, by the aut bfi commuTmnera of the fii4«9Wfl (hall choofe and t a proper perfon to be their clerk or the faid to.ui, to ai'l as fuch dm ii:g good behaviour, who (hall be allow. cd a realonabe falary and enter into Jbond to the I town and tl i two fuffi'cient ties in the fum.of two hundred and Jittypquods lawful rnsiiey of this (late, for the due and faithful execution of M office md the null repofed in him, fpr thefafc | the books an ut into his care and keeping a ,air "': ,: '" na! °f thc proceedings of the TOraniilJienens daring his continuance in Phe faid ( Sice ; and ihe'Vaicj clerk is heicbv authorited and requeiled to demand and receive from. »• imperious i he lame maybe, all the books, journals and papers belonging t< bicH veere-'in the care and poneifion of iha former Commiffioners ; to which ; andpapets all peifofls JhaHIuve free aecefs on paying iwo foillihes Wider the penalty of forty mUlings for every reiufal. ^ V. And be it fur t , that the commiffioners of the town fo- cboferl and qualified agreeable to the direction of th '..-and they are hereby incorporat. d into a bod* pplibjc and corporate by t!v: name of the conimiHioners of FdyetUviilr, and by that name to have annual GiccfUion I y the i I he free- holders and freemen as by this adt is I . I .a common fi ', and th - f and their fucceflbrs-by the name a'forefaid fliallbe able andeapable inlaw to have, parchafe,. receive, pofiels and retain to them arid thfcir fbcceflbrs forever In tfuft for la d town snts and tenements of wbai kind, nature or qmllty whatfoever, ar.d alfo grant, feii, demife, alien or difpofe of the -fame, alto to receiv&and take any gift or:do rto ri;c faidxdwn, and alio by the fa , f ue and implead, be lued and impleaded, anfwe*a»d be anfwerei icver, and from time to time and stall times hereafter to make well rules, orders, regulations and ordinances as ,.to them (lull feem meet for repainog.tDe ftreeis^appoia i bbleai ^oVn' watches or • and making proper allowances by fees or otherwife for fuch iervices, and for all fuch other Weceflaly ordi i (ijes and orders which may tend. to. the adv, ,ent and good governmen(« of' the laid town; and. the fa.idndes, ©romances and is from rfime to time to»alter, di*nge,) araei I r as to the faid com- miflioiiers or a ujaj rity of them (hall leceffary 5 and Ihall alio have npfe power ro c : ind obfervance to fuch i by laytag- fines and penalties otf thc i nut exceeding fwepeunds ; and in ( , the ia.d penalty to be recovet limegj to bo inflitfled in manner hereafter mention, "at fitch nil t with the. co sofiheland. And wsisthat of making bye-laws anifej ment ot the faid to.vn, and it has been found inc i id often i nprnco'c hie to cad to , whereby the faid n . . i:ions arc ncv( i for re nedy ft-herejf; 2oe VI. B.-it tntHed, by the autisHfr tfere/iill, tint a-prop?r ->:r r oi frn'l Us eleled at the t!m3 and in the manner herein directed for rh~ election of co nmiflloners, who .Hi iii i>e called the raagiltrateof pal ce tor the faid town, whofe duty it (half be to enforce obedience to th? laws and piirtift oiEi.nlers, an J (hill be and is hereby authorifed to ilTus his uamnt directed to the ihenffor- his deputy fheri'F, or to.vn conftable, to futnmon all tlie oiF;ndc-rs a.^ainll the laws, rules and ordinances, made and provided f;ir the regulation of the laid town, to appear before him, and ori their conviction, which (hail be in the manner of cri its before Juftices of the Peace, the ia.d magistrate is hereby re- quired and aj'h.irifed tagive juJ gthsnt anj award exe:trian agreeable to the laws, rules and ordinances provided for tne government of the laid town ; which warrant or execution the faid Iheriff, depmy (heriff or conflable is hereby re- quired to execute ; and on fuch trials or en |Uiries is hereby authcriled and declared to poffefs all the neceffary powers to adminifhr oaths, and fubpeena and examine wimeiTes ; and (hall take the following oath before he enters on the executoi of his effice, " I A. B. do /Aemnly faiear, thai es a magifjrate of ptlice for the town o/Tayetreville, I will dr> equal right in all cafes whatfocver to the belt tf my judgment and according tt the laj s, rules anA ordinances made for the good government of the /hid town ; ell fines and a'r.ercemcn's that may happen to be made I -will caufe to be duly return- ed to the prefer office ; and in all things belonging to my office during my continuance therein, 1 will faithfully, truly and jufily, according to the b.ji »f my fkill md judgment, do equal and impartial jafiu e to the public and to individuals. Vll- And be it furthtr enabled by the authority afovejaid, that the commillioners of ibe I'aki town Ihall annually levy a tax not exceeding nine {hillings on every hundred pounds value of tr.xable property within th* faid town, and a pro- portionable poll tax on all periens who do rot pofTefs in the faid town the value of one hundred pounds taxable pro- perty, which tax ihall be collected by a warrant under the hands and feal cf the comn.illioners directed to fuch perfon as they appoint for that purpofe ; and the collector to be appointed as aforefaid i3 hereby empowered and directed to. collect and make dittrefs for the fame in like manner as collectors of public taxes, and the monies arifing therefrom after deducting five per cent, tor commifiions, (hall by him be paid into the hands of the town treafurer, to be by the commiffioners applied and laid out in clearing, cleaning and repairing the (treets and pubic palTages, paying officers for tranfactin g the balinefs of the town, and in Inch other public work and bufinefs at, the comnniiioners may deem, neceflary. And the more effectually toafcertain thetavable property within the faid town :■ Vlil. Be it enacled, by the authority afore'iaid, that every inhabitant thereof (hall yearly at the time he (hall wive in his taxable property tobeaffigned for theule of the ffate, diftinguifli in the lilt he Ihall return what part thereof is li- tuated within the faid town ; and it any inhabitant (had fail (o to do, the commifiioners (hail and may order the town tax to be levied to the whole amount of the taxable property of the perfon lb failing asaforefaid although part there- of may no: fee within the (aid town, any thing herein contained to the contrary notwithstanding : And it is hereby de- clared, that every perfon inhabiting or occupying any heme, or other building or improvement or "lot within the faid town, (hall be liable to the payment cf the tax cnereof, unleis the lame fhaii have been returned by tome other mha-. bit art. And whereas encroachments may be made on the ffreets cf the faid town by erecting piazzas, porches, platforms and other buddings thereon, and the inhabitants and others greatly incommoded, and injury may arifc by fire being communicated acrols the (treets thereby : for remedy whereof, IX. Be it enacled by the authority cforefjid, that the commiffionefs of the faid town «m hereby empowered and re- queued to order all inch encroachments tro.n which danger may be apprehended to be removed, under fuch pains and penalties as they fhall think neceflary to impofe j and where any encroachment (hall be found on any Itreet or (treets fiom which no immediate danger is to be apprehended, the laid commiffio ers Ihall impofe a ground rent not exceeding forty (hillings to be annually paid for each piazza-, porcti, platform or other encroachment on tlie ltreet, adjoining to or being before any one houfe or tenement, to be applied t# the pubic itock of the town; and if any perlon lhail refufe or neglect to pay iuch ground rent, the f;me Ihall be levied by a warrant under the hands and ieals of the commilfioner;, directed to a conitable or other officers to be by them appointed, on the goods and chat- tels of the delinquent. Provided always, that uncovered piazzas or platforms and uncovered porches not exceeding eight feet wide including items and cellar doors, ibali not be liable to pay any ground rent; any thuig herein contained, to the contrary notwithltandng. X. And be it ft rthcr ernclzd bj the authority aforefald, that no perlon (hall be deemed qualified to act as a commiffi- oner of the town of Faysttev'tlle, unlets he is an inhabitant of the faid te«rn, and hath a lot of land therein with a houfe on the fame of no lefsdimeniions than twenty. four feet long and fixteen teet v\ide, with a brick «r itone chimney to the, fame ; and every perfon who is a freeholder in the faid town, and every free man who has relideU i herein fix months and has paid public taxes, Ihall be qualified to vote for faid sommiflioners. XI. Ard be it further enacled, that the faid commiffioners are hereby fully atithorifed and particularly required and directed to make fuch laws and regulations as they may deem neceflary, to prevent hogs runnirg at large in the laid town, flaves from keeping houfes without a licenle from the coniraiffioncrs: ard to prevent all perfons from dealing with (laves not having tickets trom their matters, mittrefies or overfcers, and to make Iuch other and further laws and regulations refpecting the fame as they may think expedient. Provided nevtrihelefs, that regulations rejecting ho£S or other l!ock, (hall not be confidered to extend beyond the prefent limits of the town : And provided aljo, tfiac the powers hereby committed to the faid commiffioners, (hall not be conltrued to extend to the imprifonment of any Have ss a pvmilhmeut, cr in any inftance to exceed the punilhment of thirty nine ladies. Provided that in all cales F $ eo6 ■where any pcrfon lhall be CKfialished with the judgment of the faid cdmramhiijers, he lha!l have tli! liberty cf appeal- ing thtret-om to the ccurt of'p'.eas f and quartet leflions i i the county of ( xmbertand. XII. /tnd bd it further encifed, that all fcrtnpr acts Rndclaufes of a£ts ^herfetofore paiTed within ti:e purview and meaning or tkisact, (ball be and the lame are hereby repealed and made void. Chap. XXX. AnacTitoimpowner the ndmhtifirators of Samuel Swan, of New- Hanover County] F.fquirc, deceafed, to fell and d'fp-fe of -part oj the real cjlcte of the fa- a Samuel /or the payment of his d ,;j, in oftdtr tp make the bctterpro- viuoM for his f dm/ft etndalfi to make conveyance for fuch pari oj tbt real cjic-.te as was fold by tbefaiaSamus] in'hii ife time'. \'h HEREAS Mildred S-w an, widow and admitdflratris, and Frederick Jones and Archibsld Marline-, admir.ilba- VV tor» of the goods and chattels, rights and credits winch were of SaniWet Swan, late of New-Hanwer county, 8 q. deceafed, have rat relented to this Genera] Aflembly that the laid Sa'm:cl Swan died indebted in leveral conliderabie funis of in ancy, and notwithstanding a lar^e payment made by tie adminiltraiors (ince his death that there is Ihil due a fum at leait equal to (he value of the perfonal eiiate : and whereas the faid adminillrators have farther reprdentud to the fsthfaSion of .this. General AiTercbly that it was the in:»ntion of the faid oV.'to.WS'u',:;* to fell and dilpofe of the greatef: part of his real ciLate ior the difcharlge ci i i j debu in order to make the better provifion for hi* family, and tiiat he had in his life time difpofed of Pome p.irt thereof tor which conveyance had not been made : in order therefore that the laid adminiitrators may be the better cnabied to pay off the debts of the eitate, and that there may be a produc- tive efhte referred for liis widow and children : I. Be it enacted, tv the General stffemtly 0/ the State {/"North-Carolina, ar.d it is hereby en~Hed, ly the authority of the/sme, that it lhall ami may be lawful for the fa id adminiltrator.s, the furvjrer or furVivurs of them, and they and every of them are hereby enabled and enapoJ* tied tr ihey lhall lind it expedient and ncctiJ'ary, to fell and dilpofe of all and lingular the real eltate which was- ol the faid Samuel Swan, except the plantation and lands in New Hanover county on which the icd 5* muck ufuaBy r elided commonly c.died the oak, and to make conveyance for the lame to the parchafers thereof, thereby I mfivrj ing toeach pnrchafer and their hairs rcpcUi-eiy by the virtue of tin power given by this aft all the rtgbti li >, : ii ereil, claim and demand whatlecver therein and thereto ol which the faid ti&nvel Swan died feiz.-d and pofl't fled ; and alfo in 1 ■he mi nner to make conveyance for I'uch parts oi the laid real el- tate as had been fold or agreed 10 be lold by the faid Samuri Sw#* in h.» lite time, and the monies ■ ariling by fuch fades to be afiei*Jn the hands of the (aid adminiftratitrs : Provided .qfautft, tha* before any fale lhall he made of any part cf the re«! eiiate of the faid 'a nuel Stean as afore laid, the laid .oiuriiU;-.tor» (hall give iv. n rity of. the fame, that the adminiftrafors of tne laid Homrie'Geroud fliall make payment out of his perfonal property (to be difpofed of as the eliate pi other intelt.ues with relpect to die dilpofal thereof) of all debts, duesauc! demands jeit- ly due and owinu; from the laid Honcrje Geroud at the dmc oi his death, and the jelidue of the lad eltate (hall be dif- tributed te the next of km to ths laid ihnoi ie Grrcud, agreeable io Uie la?, s made and provided for tiie datnbutioii of the eltates ofperloiik dying ir.tefiaie in other Cafes- 7 he lufi Sefiien in M. '.. L. Chap. XXXIII. An a!l to rtiltre to Hugh Rofs, c/ Anion county, J he lar.dhy him forfeited tothef/ate. WHEREAS it appears by a relokuion of thelail A/Temb!y that it was their funic the lands of Hugh Rofs by him forfeited to the Hate Ihould be agaia reftored iiim : I. Be it therefore eroded by the General •Ifftmbly of the /late c/Nerth- Carolina, and it is hereby er.tScd by the autho- rity of the fame , tha; the land of Hugh Rofs ot Anfon county, by him forfeited to the hate in confequepce cf his atrach- ment ta the Britifli army, be and the lame it hereby fully veiled in him and his hcirsand afligns ; any law to the cca- f ary notwithdanding. .'•I. And belt further encSed, that in cafe any of the above mentioned lands have been fold by .he co:niiiiriioner of -•contifcated pre perry for the diiir:& in which it is fuuau, t len and in thafcaje the W&iiugh liojs lhall be entitled tc ithe nett proceeds thereof out of the public treaiury of tbisitace. 2oy Chap. XXXIV\ An cfl '■ 'fit 'nt a tru/iee uxjhe rco/n of i James Safrpibn, fcfqu\r'e, dccmf-d. tiho fcgetter with fthers was appoint 'eJ a tru'lee . r ' ./i'>-J /v.V-,;,. ^ , j . n . t\ j . ffitntly j offid at Fayei ev:lle. c;:e tl.'.ifand fe~ *ndred,$nd eighty Jiven, entitled, An ifl to vt ft in truliees certain powers for the benefit df Elizabeth Torrent and her children. />. iQ - :. T T 7I1SR.KA3 by an aft pi ihe General Affembly paffed at Fayeitev:fle trie (ixth day of January one rhonfand fevrn VV handred and qighty leven, jama 'Kenan, jol.n Molten, and Jam s Samp/an, tfqnirts, were appointed truf. ices tor the poi poles therein mentioned : and whereas the faid Jet es Sarnpfin hath fince deceafed, wheteby the in- ■tentions of laid sa has net havlits ciiccl : and whereas the faid Elizabeth Torrens Is defircua that a proper perfon iheu! J be appointed in the room and (tead of the laid dece.ftd : in order therefore that the faid aft fhould have its prtper effect : 1. Bdit.cna3t.dhy the General AJfonll\ oj tie /late of N'orrh Carolina, and it is her ebt evaded by the authority of 'the tr-at David Smith ba and he is hereby nominated and appointed a tjrufteein the room and (read of James Samp- fin, Efquirc, decealed, who on complying with the requilites of the faid le.ued aef, is hereby declared to have e- qu-.l powers and . iong li- ved with and coiifiticrcd as his wife, and praying that the General Aifembly would be pleaied to emancipate and fet free the faid mulatto woman and her c) i'd ; III. Be it therefore tnacled, by the authority aforefaid, that the faid mulatto woman named Bflty and her child Ma* ry, lhall be ai d tl.ey aid each of them „re hereby emancipated ard made free, and they and t.-ah oi th m n.ay here- after take and nfe the (irnane o( Allen', and are hereby declared re be able and capable in law to poflefs and ei joy e- very right, privilege and immunity in as ft.ll and ample manner as they could or might have citce if thty had beg» bt-rn free. fo8 Chap- XXXVI. An aafor afcerla'nlng the true courfes of a tricl of land on ^Jenfe river in Craven covnty. WHEREAS it has been reprelented to the fatisfaclton of this G:neral Ailembly thu William Good, E.quire, of the town of Newbern, is at this time (in right of his wife as heir at ]a v of John Aum/t-y, dcceafVd) in adrual pofTeilion of and juftly entitled to a trad of laud on the louthfide Ntufe river ab- ut eight milns oelow Newbern, con- taining two hundred and feven acres more or lefs, being one lixth part of fourteen hundred and forty .teres of land patented by a certain Thomas Cay in May one rhouland leven hundred and fix, that the laid ( aiy divided the faid lands into fix. equal parts and fold out the fame, that the faidtix parts have ever fince been and- now are fcp. irately held and pofkffed by different perfoas under the grants of tne laid Thontas Gary ; and it further appears that in the deed for the lecond division or part of the faid land from Cary to Jacob Slaubuck and in all the fobfequent grants for faid divifion the courfes nave been erroneously expreffed, Jo as to run trous the river edge eatlwardly into the river, inftead of weitwardly from the river, which w_uld be agreeable to the patent lines and to the coarles of the othep five grants for the remaining parts of the patent land : and as it appears juft and realonable that the error before mentioned fhould be fo altered and rectified as to include the landi granted as a part oi ttie lane's contained in the patent of Thtmas Cary aforefaid : I. Be it therefore enafledby the General Affembly of the flaie o/Norch- Carolina, and it is hereby erased by the autht- rity of the fame, that from and after paifing this act, the courfes mentioned in the deed granted by Thomas Cary to Jar- cob Slaubuck for the fecond divifion or fixth part of a tract of land on the fouth fid; of Neufe river about eight miles be- low Acjjbern, being pare of his lands patented in May one thoufand leven hundred and i;x, which courfes are as fol- lows : beginning at a fweet gum on tne river, thence louth twenty erll two hundred and eighty pole toa white oak, ihence fouth eighty eaft one hundred and forty poie to a pine, thence north twenty to a hickory on the river fide^ thence weft to the firit ftation, (hall be void, as none of thofa courles are included in the patent lines, and in place thereof the courfes mentioned in the faid grant from Thomas Cary in Slaubuck, and tne courles in all the fubleqnent grants for the faid fecond divifion or one equal fixth part of the lands containad in faid Cary's patent fhall he held', deemed and taken in law and equity to be as follows, that is to fay, beginning at a fweet gum on the river fide Willi-, sm Ives's corner, and running louth forty well three hundred and forty poles to a white oak Ivrs's other corner, then. Jouth twenty ealt to a pine John Fooks's corner, then north forty eafl three hundred poles along Fooks's line to his cor- ner on the river, and then to the beginning : at;d tiie laid William Gotd and all others holding from, by or under Lira, his heirs or alTigns, lhall be confidered to have and are hereby iuvefted with as good and abfolute right and title in fee-fimple to the faid lands as herein before defcribed, as he or they would or could have had or poilcfled had the, errors of the courfes in the grant for the lame never been made;. Chat. XXXVIII. An eft to ered aid eflahtifh a to~un in Rutherford county on land already procured by the commiffon' ersjor thepurpofe ofbui-d'wg a court, houfe, pr';/on and /locks for th: faid county , and to amend an ail to regulate the toivn< c/"Salifb'Jry, and J or author ifing the commijfioners in the t»uw c/ Halifax to lew a tax onthejl.ivss within the libertier. t hereof. WHEREAS the eflablifhing and erecting a town in the county of Rutherford on- the land already procured as a- forefaid, would be of great advantage to the inhabitants and be a conliderable mean; oi railing money for - buildir.g the public buildings of laid county : i. Be it th'refore enaclsd by the General Affembly of the flat e cr North-Carolina, and it is hereby emclcd by the autho. rity of the fame, that Felix Walter, William N mill, James Whitefide, James Miller and 7 homas Rt-uland, or a major- ity of them, be and they are hereby appointed commiilioners to erect and lay off a town in Ruth/ rjord county, on the land heretofore procured for creeling thereon the public buildings of faid county, and they are hereby authored and empowered to lay out the aforefaid fifty acres of land into a town of half acre lots with proper ftreeisand alleys, which town when fo laid oft" lhall be called and known by the name of Rutherford. II. And be it further enacted, that when the town is fo laid oft", the comrnifiionets or a majority of them fliall re- ferve twoof the l«id lots, which to them fhatl appear mod convenient, for the purpofe of erecting the public buildings thereon ; and the remaining lots lhall be lold by the faid commidioners er a majority of them fcr the purpofe of rai-. liug money for compleating the aforefaid pubiic buildings, and the faid commiilioners or a majority of them are here- by authorifed to make good and iufficient titles in fee fnnple to tlie refpeflive purchafers of the faid lets. III. And be it further enaHn fiiall not be at liberty to bring fuit by ej ctment in the firlt ir.lta.icc, bus on application to the com'i.iiTio lers they ilnll order a jury of the freeholders of iai J town to be lummoned, which jury and conmiffioners, together 'Aith a (worn furveyor (hail me fure and value the ground thus encroached upon, and the offending party upon paying the ccft of fach furvey t» be afftffed bythe comthiffibners, together with the Whole amount of the valuation money of fuch covered ground within the foace of thir.y davs from the time of the p.ecrf; to the party olrended, or to the treafurer cf the town, and obtain ng a receipt for tlie fame, (hall be veiled in a e'ear and abiblute title to fuch covered around forever ; but in c.ale the valuation money fliould not be paid by the party trefpalfing agreeable to the orders of the commilfioners, the procefs lhall be conriJered ot no effect, the party trerpafilngfltallpay the cofts of faid procefs, and be further lia'> ble to a iuitby ejectment ; any thing in this act to the contrary notwithstanding. VI. And be it further en.icled, that the commiflioners of the town of SAifbury (hall have authority to appoint a fur- veyor for laid town and to fin his fees, and-to determine what allowances if any (hah be made to jurors who mav be employed in fettling difputes reflecting the boundaries of lots, or any other .bufinefs they may be lummoned to per- form under this a.t, and by whom fuch fees and allowance (hall be paid ; and the faid commilfioners or a majority of them lhall have power and authority to appoint an entry taker for fuch lots as have r.ct heretofore been conveyed by the truftees of faid town, fix the price of fuch vacant lots, eftablifh the fees of the er.tiy.taleer, and make fuch other rules and regulations rejecting the fame, as to them or a majcrity of them fnail feem necefiary. • Vil, And be it further enac7ed, that it (hall and maybe lawful for any pcrlon to enter a caveat again!! any entry that may be made with the fa'd entry taker. Provided, the lame bs done within three months after luch entry may have b;en made, and the perlon entering fuch caveat fhnll have his clahn determined by 'jury of twelve freeholders living in laid town beiore.the OJmmiflioners, and the dccilion thus had (hall be deemed final, aud a title figned by tne commiflioners (hall ifl'oe agreeably tothe verdict cf rhe jury within ten days after fu:h decifion (hall have been made. Vlli. Aid be it further enm&ed, tint a lair record (hill be kept of all proceedings, and every tranfaction touching the premilcS ; and any matter of controverfy which may ar:fe under the laws of faid town mail be entered at large on the journals of tiie coiumiflionersy and the fame may be given in evidence in any court ot record in this flate. IX. And be it further enacted by the authority aforefaid, that the commilfioners of rhe town of Halifax be and they are hereby authorifed, to lay and levy the fame tax on each negro (lave within the liberties ot the iaid town, that they are authoriled by law to levy and collect for a negro Have within the laid town. Chap. XXXIX. An gB to prevent the ob(}rucTrk .■ emvn . .<• -r being givtJn one day's previons notice by fuch cverfeer of the time and place rf working, (hall forfeit and pa) n-.e torn ol i;m (hillings lor each and every day he fhall fo fail or neglect, to tu r_co- vwted betore any Jultice of the Peace ol the laid c >uuty, and applied towards hiring tome other perlou orperfous to \yoi k on tli- 1 faid ltt e mi or water courfe in the room of fuch delinquent. III. And be it fut ther enaBed, iy the eutkrity ajcrcjvid, that the ovcrfeer anal fuch pei fon or perfons who (lull be appointed to work imder him. within bis 01 their refpectrre diftrict, (hall and they arc hereby exempted andcleaj-ed fi cm working on any public read cr roads w ithi.n the faid county (o long as he or they continue within the diltrkl of any or either of the i'jiJ overfeer*, cr !o long as be or they (ball be liable to work 0,1 any of the faid dreams or water .3 within any of inch d. Uriels in the faid county ; any law to the contrary notwithftanding. C:IAP. XL. An aft to amend an aft, entitled, an acl to keen cj.cn Rtanoke river for the paffa^e of fill) up the fame, and other purposes therein mentioned, p. 119. WHEREAS by the afore recited acl doubts have arilen concerning the fourth ef the faid rirer vhich by faid set is to be left open for the paffage offifh, where cne or more.lflands lie in the faid river : for remedy whereof and to clear up all doubts, I. Be it cnafiei l>v the General Affembly of the fiat; r/ - Worth-Carolina, audit is hereby entiled by the authority oj the fame, that in meafuring the width of ;heiriver where an ifland or ifiandsiiiay -intervene, toe intent and meaning of the General AfTembly is hereby declared to dirccl ail and every perfon or perlons meafuring the fame, te take the width of the whole river including hi uids, then deducting the width of the bland or iflands, to leave one eighth of the faid remainder open in the center of the river at that place. And whereas many of the (lands, (tops and dams erected in the faid river, are eon fi reeled., built and fet up by peo- ple f-om Virginia, and others havuig . propel ty, ai.'d not owning land on the river or in and among rhe illjtuis, by v iv.CA means Hops and dams are erected contrary to the meaning of laid law, and no precept ca:: be l'erved on thofo incurring the penalty; or if ier^ed 110 penalty can a; got : for mi-ed. whereof, iJ. Bj it enabled, by the authority aforefajj, that ail perfons owning th« place or places, ifiand, rocks orvfal Is where ilicb Hand or ft and s may or fhall be r-r»cird, fl,a!i be antwerable far keeping open the river agreeable 10 this ail. III. And be it further epafted, ,'j the authority aforeft id, tli h all and every perfon owning land on fuel river, at and agabift and contiguous to an vixicksariilands not yet entered and taken up, (hall have the priviledge and liberty of taking up the fame, agreeable to the lav sfor taking up land now jn force ; Provided, they enter and t ike up lucii if. lands, rocks and (lands within lix n onths after tnis feflion ol Affembly ; and if not entered or taken up c;y that tiaia it lhall aud may be lawful for any perfon whatsoever to enter and take up the fame, any law to the contrary not- wlthftanding. IV. And be further enabled, by the authority- aforefaid, that« very perfon • e ding sgainft this aft (hall forfeit and piy forty (hillings for every twenty-four hour* he, (he or t e\ .nay build, keep up or maintain any (top, dim, * are or (land, to be recovered. by > t before a Juflice ef the J ice 1 . . perfon letmg fe-r the fame; and the county courts of Ntfthampton, Warren, aiid Halifax, are berei rod 1 njomed to appoint an overfeer or everleers to examine the falls in their feveral counties, ar-d to lay oil the river agreeable tu ihls acl ; and fo much of the afore re- cited aft as cou.es within the purview of ibia ac\, is hereby repealed. 211 Chap. XLJL An ael for altering the names of cei tainperfi ■: therein mentioned. \ T rilF.TlEAS it is the ean.th : i < quell i , -. '<* thai the i.aroeci Jej/e hay of Debts rcimtv fhor.ld be al. wV lered to that o J.ffe Sptight, ai:d the defii c ot Richard Ran/bit bat tin nam, tot Robert Porthrefs ai;d tenia- min C.lev ,-s P., thri is vi t anklin count] mould be aitere< to Robert Ranfon and Benjamin Cleyers Ran/on, and the de- fire ot William Hunt thai the name of William Bonner of Franklin county be altered to that ci William Hu/it, toco». iir n the name of William Ajbley of Robin/on county, a^d me a»aie of Jefle Commaudtr of Onflow county to that of Jefft Clagg: ]. Br it th re/ore enafiedlty the Ctncre.l Affemblyqf the Rate of I\oi th-drolina. and tt is hereby enafiedby the au. thoi h v of the fin le, that from ai d after the pa fling of this act the name cf jtffe Hay fli ili be altered to the name of Jeffe Speight the names of '■ Rober t Porthrefs and Benjatt\in (levers Porthrefs Ihall be altered to the names of Robert Ran/on .1 d Benjamin (levers Ranfon, alio the name of William Bonner to the name ct William Hunt, and the name of William ifbley of Roklnfoi? county be confirmed, and the name oi Jeff* Commander to that <~f jeffe Ctapg, and that they and each ©f them iiiall thenceform be cslled and known by the faid name* refpectively, acd that by the faid name* r-efpeclly rhey lliaij an« may iue anW be lu?d, plead and be impleaded in any court of law or equity, and ob- tain and poffels lauds and all other i'pecies oi property by will, devife, donation, ;>,iant, purchal'eor otherwife ; and they may caeh by their refpertive names afore laid kll anddifpefe of lands aiid other property already or hereafter 10 be acquired, and finally and in all things the laid performs rtfpe&ively Hull be able and capable in law or equity of rjegociating and tranta&ing all manner of bufinels by their refpeclive names herein before mentioned in as full and am. pie manner, as if they had been called ana knowa by no other names from the time cf their nativity ; any law, cuf- toni •r.ufagc to the contrary nocwithftanding. II. And be it farther enaSed by the authority, afar* faid, that from and after the palling of this act the courts cf pleas and quarter Ie,]ijn3 in the i'evertl counties in this Hate Ihal! have full power and authority, on the application ot the re- puted father mother or guardians of any natural child, to give fuch name to fuch child as the (aid mother, father or guardian fhali require, and tocaule inch rame to be entered o;i record, and fuch cinld ihall forever thereafter be cal- led and known by fuch urnam*, and Ihall be able and capable in law cr equity of negotiating and transacting all man- ner of bufinefs by luch name, in as full and ample manner at any ether perfon cr peri on s whatfocver. Chap. ,XLilI. An ait empowering ihe court e/Pitt ctuxty tc ejlablifii a free ferry over Mar river at the town of Green- ville, end to levy atax on lbs inhabitants. of fatd.ctunty for tha WIIERE&S it would lx agreeable, convenient and nece'fliry for the inhabitants of Pitt county ', that a free ferry be cftablifhed arc kept over Tar river, bppofite to the town of C eanville •. I. Be it t'-ey. f General AfJ'embly ofthejiate of North Carolina, and it is hereby enafled by the quthi* rityofthef . rom and after paffing this act, the JuUices of the court of Pitt county, or a majority of fiid court at any fime when met, ihal! have lull power, and they aic hereby authorifed by order of fuch court, to efta- blilh a tree ferry over Tar river eppolite to the town of Greenville, and to let the fame lor any term rot exceeding twelve tnoBths at any one time to the lowed bidder, or to employ or agree frith fome proper perfon to take charge of laid ferry ferone year at fome Stipulated price, taking bond with approved fecurity of luch perfon or perlons, con- ditioned that rc ; Ihe or they ih?.)l duly and faithfully attend the laid ferry, and without delny let over ferry free all . and every tSe inhabitant! of the l«id cour.tv of Pitt, or all others if the faid court fliail fee proper to order it So, with their rioriet, carts and effecls, at all iesfonabb tihies during Said term ; and if faid court Ihall think proper that all per tons refjding out of laid county,, Ihall pay ferriage on crcfungfaid ferry, hi* bond Ihall alio be conditioned that he do the duty cf ? good and faithful ferryman, in conveying acrofs faid ferry any perfon or perfons not inhabitants af laid county .of Pitt, with their hprfes, waggons, cans and all etiecls » liatever, for luch fees or allowances as are or (hall be eitablifhed by laid county court, II. And 'be [it further fluffed, by tht ; futhtrity afqrefaid, that the court of Pitt county are hereby empowered to Ijy a tax on the inhabitants oi laid county ;nnuai!y for the purpofe aforeiaid, not exceeding the liim of fix pence on e- very poll, fix pence on evety hundred pcunds value of town property and two pence on eyery hundred acres of land, to be collected ard accounted f#r as otljer countr monies, and applied for fupport of fuch free ferry as the court may direct. Prtvidcd ahxiays that the court of laid county fhall have power to continue or discontinue the eilablilhiaenc cf the faid free ferry, cither free for the inhabitants or o'herwiif, from time to time, as they may find the fame moll convenient and fatisfa&ory to the inhabitants o/ the faid county of Pitt. Cimp. TvLVIl. An a3 appointing r ommijfioners to repair the court-houfe, prif-m and/locks in the to-w:i of Hilifborcugli for the dij. rift f/Hillfboi ough, and to levy a tax on the inhabitants tht reef, for the benefit, ufe and reparation of the y. reets 'f the ioiun afofefmid. The firjt fart (Jbftlete, V. i\ ND be it farther enabled, by the authority tfSref aid, that every hundred pounds taxable properly in the town x\ of Hillflerough, dial) annually p,y fuchlum not exceeding five {hillings a< the commiflioners ihali direct, to be collfctcd ar.o pi:d into the hand;, ot the town ecu mil] oner tor the time be- ng, in the Janie manner as ta?.t s lor the to\rn aiciciaid arc colkutd aid psid, and by the laid ccmn.ifiioucis to be af plied for the bei.tfit, life and re] aJ zii ration of the ftrcets of fa'd town ; nny law, tifage nr ruflom to the contrary notwithstanding. VI. And be it further enatled; I y the authority aftrefaid, that all acls and clauses of ads heretofore rnnde which comes within the purview of this a£t, as far as it relates to the commiffioners ior repairing the public buildings in the, town of Hill/borough are lureby repealed and nriade void. Chap. XLIX. An ail for efiablifhing ato~n. II. And be it further enacled, that from and after the palling of this act, that Jofeph Gibbs, William- Spencer and Abrahan Jones, be and they and every of them are constituted coaimilfionrrs and tru. fees for defining, building and carrying on the laid town ; and they lh ill Hand feezed in an indjfeafible eiutein fec-limple in. the laid fixty acres or" land as aforefaid to and for the tales, intents and purpofes hereby declared. III. Be it fur 'her enacled, thst the faid cornmiflioners or a majority of them fhall appo'nt a time, and give public notice thereof for meeting the fub'c; ibers on the faid land, for determining the property of each particular lot, which, lhall be drawn by ballot in a fair manner by direction and in prefence of a majority of the faid commilBoners at isaft ; and each fubferiber lhall be entitled to the lot or lots which lhall happen to be drawn for him an J co-rrefpond with the number contained in the aforefaid plan of the faid town ; and the faid commiifioners or a majority ol them (ball maka and execute deeds for granting and conveying the faid lots contained in the faid town to the relpserive fubferiber* for the lame, their heirs and aliigr:s forev«r, and alfo to all and every other perlon and perfons who (ball purchale iny other let or lots in the faid town, at the proper colts and charges of the faid grantee or grantees to vrliom the lame fhall be conveyed ; and any perfon claiming any lot or lots in the laid town by virtue of fuch conveyance, (hall and may hold and enjoy the fame in fee fimple. IV. And beit further entitled, that the refpeclive fuhferibers for the faid lots, (hall within fix months after it (hall beafcertained to whom each of th* faid lots doth belong in minner herein before mentioned, pry and .fatisfy to the faid commiffioners, the i'um of fire pounds for each lot by them fubferibed for ; and in cafe of the refufal or neglect of any fubferiber to pay the faid fum, the faid commiffioners lhall and may commence a (bit for the lame in their own names, and therein lhall recover judgment with coft. V. And be it further enacled, that if any of the commiffioners hereby appointed mould refufe to aft, die or remove out of the county, the furviring commiffioners (ball be and they are hereby empowered to elect another in the room of him fo refi.fing, dying or removing, which faid commiffioner or commilfioners fo appointed lhall from thenceforth have the fame power and authority in all things concerning the matters herein contained, as if he had been exprellly nominated and appointed by this aft. Chap. L. An acl to enable William ftlall. Sheriff of Wilke« county, focollecl all the taxes due from faid county for the year one thoufandjevtn hundred and eighty five and the year one thoufand feven hundred nr.d eighty fix, and to aUrut hint farther time tojetlle fir his coileclitn with the ireafurer ; and alfo for giving a further time to John May, Jhet iff of Rockingham, to colled the arrearages of his linking fund and continental-tali in faid county- WHEKEAS William Nail, Efqmre, was chofen fheriff-of.the county Qt&Uhts, :in the year of our lord one thoii- fand feven hundred and eigb.tyj.fix, and doults having arifen whether the laid Nail had a right to co'let the tax commonly called the continental tax which by law became due and payable the preceding year, although the laid William 7W//hath given bond and I'ecurity for the collection and payment of the alorefaid taxes : J. Beit therefore enacled by the General Affembly of the (late oj North-Carolina, and it is hereby en.icled by the autho- rity of the fane, that IVillLmNull, (heriffof WihSei county, be and he is hereby authonfed and required to demand and recover of the levcral collectors In the county of Wilkes aforefaid, that have given bond and Security for the col- lection of public taxes for the year one thoufandj even hundred and eighty- five, ail fuch taxes on the inhabitants ru thtir feveral diftricts a3 they were by law required to oofetand account for with the (heriif then hi office : Provider! neverthekfi, that the leveral collectors above ment onedJhall have power to cc Heft the aforeUid taxes fr»m the inha- bitants of their refpeclive diftricls hi th ■ fame manner as they are authorilcd and. directed to collect: other public tax,. es and be c-tiilecl to the I'., me fees and commiffions tor qollefting and accounting for the fame : Provided alfo, that the collectors aforefaid lhall be allowed till thetlrft day of July ntxt to collect and account for the taxes above menu. •r.ed. • ■' c c \ If. Andbeit further entitled by the *utborit.y*fa;*f*iik that where any .coileltor- hath neglected or rerulecl to gi«e hond and fecurity according to law tor che collection and accounting for the public taxes in the diftrJfl lorwn c.i ho was ippointed, the aforefaid William Nail is hereby authbrifed and requ.red to collect and account fir the tad taxes in the fame manner and under the fame rules, regulations and rcltriftions as by law the collectors are authoriled and re. left the above mentioned taxes, and (hall be entitled to- the lame fees and commiffions that the collectors * f 3 are by law entitled to receive, exohifive of his commifiicrn as county treafurer. And whereas the feveral collectors in the county aforelaid, no; knowing the law paff-d at NtVshern iu the year one. tho.ifend (even hundred and eighty rive, entitled H An act far emitting one hundred tboufand pounds paper currency fit the purposes tbet tin exprtjjed* ," havs omitted the collection of the rax laid by fnd act ior a finking fund : III. Be it therefore enabled by the General Ajfembly if the fiate of North- Carolina, and it is hereby er.acled by the au- thority of the Jane, chat Wi'.li.vn Naff', fherifr", and the feveral collectors of public taxe* in the count: of Wilkes afore* f.iJ, be. and iliev are hereby author-iied and required to collect and Account fci the faitt (inking fund tax in the Ling* nMinesand under the finie rules, regulations and reliritions, ind be entitled to the fame lets and coiniiiifliocs as by t ns act they, are au. honied, required and entitled to in and for the collections of the tax commonly called the continen- tal tax. And whereas feveral of the juftices in the county a fore Laid have omitted to return- ths collectors bond* for recore- ries thereupon to be had : IV. Be it further e*nfl-.d by the authority afore/aid, that William Nail, fheriff of Wilkes county, be allowed until the firil day of Augujf next to fettle lor ihe public taxes due fro.n faid county for the year one thoufand feven hun- dred and eighty five, and rite year one thou find feven hundred and eighty lnt with the trealurer of this ft*f, and in the mean time the treafurer (half forbear to commence- any acllm or actions for faid taxes againtt him the faid Wil~ lunn Isall ; any law, cuflom or u!ag» to the contrary, notwuhttand-ing. AnJ.whereas John May, fheriff of Rockingham county, thiotij»h milrake of the clerk in making out the amount of taxes hath not collected the tax called the continental tax for the year one thoulaud feven hundred and eighty fivs,. v. hich had not been collected, nor the linking fund tax for- -the year one thouland feven hundred and < ighty lix ': V. Be it therefore enabled by the authority afortfaid, that the collector* in faid county be allowed until the firltday oijulv next tp collect the faid taxes and account with the fheriff for the lame, and that the laid John May be allowed i ntii the firttday of Augujt nex'. to fettle with the treafurer of the ftatc for the aforelaid taxes, and in the mean tim« in* tre«iu:er (hall forbear to commence any action for laid taxes ajamft. luru laid "John Kay • any law, cuftom or u- fage to the contrary ui.Uvithftauding.. Cha?. L'l. An nil far eflablifhing two places in the county of New-Hanover for thepurpofe of holding general mutters therein, for dividing the m.litia 0/ faid county into tu)» difir icis fuitable and convenient for the inhabitants to attend muf- ter at the refpiliive places, and tor appointing the place 0/ hiluing con, is martiul injaid county.: WHEREAS it has been found by experience Mat any o .e place which mignt be fixed on in the county of New- H.itiover in this ftaie would be very dilagreeable and inconvenient to many inhabitants beiinr or refiding mo- ther ih remote parts of the laid ccunty ; and in order to reconcile that dilad.antagc to ihe inhabitants thereof : I. Be it tnacled by the General A ffemUy of the ft at e of North- Carolina, and it is herebyenuMed. by the authority of the fume, that Iron and after the palling of this art the county .of Nem Hanover fliall be divided into two d Uriels ; ths lower or fouthern diftrict lhall coriuftoi ths three companies already iormed in and near Wilmington, that is to fay, the artillery commanded at prefent by Captaai Hufke, the horfe by Captain Green and the company of foot by Cap- tain Wright, alfo the relpc£Lve companies which are or may be formed on i\ew-Toplail, the upper 3iid lower found companies, to wit, thoie of loot under command of Captains Ward.aud KutleJge, or others which may here- alter be eltabliihed within the compa : s aforelaid ; that the place hereby cilabliihed for holding general mutters for the lower divaijii or lou hem diftrict: heretofore delcribeJ, Ih^ll be at the town of Wilmington ; that the place of hol- ding general muitersof the remainder or refiJue of inhabitants of laid county the upper 01 northward diftrict, fhall be at the plantation ot William Jones on loflg-creek ; the militia of (ho whole county aforefYid, the lower as well as the upper diltrict, lha\l neverihelefs each hold their general mutter in the refpectiye didricts and places as by this act defcnbeci and appointed, and on the fame day. or.days.as are aiready fixed by h»w for the purpofe of holding general matters of the coumy aforelaid. II. And be it further entitled, by the authority aftrefaid, that the Colonel or commanding officer of faid county is hereDy directed and requ.red here-ifter to have the inhabitants warned to attend, accoutred as utual, at the two a- 1 rt-ementioned places reflectively ; and it is hereby further required that the Colonel or commanding officer of laid county attend a: either cl the mutters heretofore mentioned to review the lame undu- exerctfe, and that he appoint or d:rect the Licuiena.it -Colonel Major or other officer nexr in command, as the cafe may be, to give attendance at the mutter 0: the other diftrict in la.d county, for the purptjtc of dHcipiiuing the men. . Hi. A.J he- it further enacted, that the place of holding courts-martial fox the faid county fhall and is hereby declar- ed ,to he at the northeaft- Bridge, at wh.ch piace the laid court ihall lit iu ufual form, and delinquents lhall appear hufn each d.ft ict aforementioned iu ordJ eighty 'five, entitled, An act for deitroying wolyes, wildcats, panthers and be. is, crows and fqu rrels in the fevtral counties therein nentioned. p. 155. !• TyE it en.clid, by the Central A/ft mi ly of the State rf North- Carolina, and it is hereby en tted, hy the authority of J-J the fame, that from and after ihe palling of this act, the before recited act* and every article thereof, fo tar as relates to the counties of Rowan, Aieci,er,burg, Burke, Lincoln, Ca/well and San.pjcn, be and the lime is hereby re- pealed and made void. Chap. XV. An ad to amend an acl ', entitled, An a£t to erect a town on the lands of Matthew Figures, in Ncrthamp. ton county, p. 1 83. BEitenaffedby the Genera! Af/cnb/j of the Ji ate cf North-Carolina, that fo much rf the'ftcend enacting claufe of the before recited ad as directs that lot* ot or.e acre each lhall be laid off, lhall be and the. fame is hereby ie- pealed ; and that ioftead therccf lots Cc:i olina, inditis htrebl enabled by the authority ofthe fame, that fo much of the act aforelaid as extends the liberties of the town of Halifax to include the faid Willie Jones John Baptifi Ajl>e and Archibald Davis, and their houfes, lands an u (laves, or any or either of them therein, be and ihe lame is he.eby repealed. w Chap. XVIII. An aS it emancipate a certain negro (lave named Pnillis, late the property of George Jacobs, ofthe town of \v rmington, deceajed. 7HEREAS it is reprefented to the General Afiembly that the aiorefaid George Jacobs, deceafed, in his laft ill- 1 nefs, did earneftly requeft that his negro (lave named Phtllis fliould be liber; ted, for ner great attention to her faid mafter during her continuance with him, and more efpecially for her care and afliduity in his laft iilnefs : in or. der therefore to carry into effect the dying requeft of the faid George Jacobs, deceafed : I. Be it enaftid by the General /)ffembly of the/late of North-Carolina, audit is hereby enafted by the authority if the fame, that from and after the pilfing of this act, the aforelaid negro woman Pbillis, (hall be emancipated and fore- ver diicharged from her bondage, in as full and ample manner a» if (he bad been born free ; any law, ulage or cuf- tom to cite contrary notwithstanding : and the laid negro woman (hall forever hereatteT be known by the name of Pbillis Freeman. Chap. XXVI. An aft to quiet Thomas Brown, o/~B!aden county, EJquire, in his title to and pojfejfion of divers lands, tenements end? hereditaments therein referred to. WHEREAS William Bertram, late o\ Baien county, tlq. deceafed, died inteftate, polTeffed of diver, tenement! and hi redi^am - , winch deicended to his ou'y fun Willi tram, Efquire, and the faid Sarah Brown then languifhinr Ur.der a dangerous inu'ifpefition, ard not likely to live until the next court of her county, and the Judges of the Supe- rior courts being then on their circuit, -fo that there w'as no probability of her living un.il (he could be examined touching her free conlent in executing the la ; d laft mentioned deed of conveyance, (he the faid Sarah Brovn declared to the perfect! who were wimeffes to the execution thereof privately and apart from her hufband the faid Thomas Brown, which witnefle* were re quelled by her to hear and certify herfaid declaration, that (he lealed and delivered the fame as her ad and deed of her own free will and cenfent, without any fear of or compulfion from her faid hefband, all which the laid witneffes have left.fied in a certificate annexed to thela;d deed, and the fame is (worn to by John Davis, Efquire, the furviving witi*efs : and whereas the faid George Lucas, on the *-enty ■ fixth day of March, in the year aforelaid, reconveyed all the lands, tenements and hereditaments herein be. :re mentioned, comprifed in the conveyance of the faid Thomas Brown and Sarah his wife, to him the laid Thomas .srrwn, his heirs and affigns, of all which he hath ever fince cencinued in quiet and peaceable poffeffion ; and at the it) e time the faid Thtmas Brown in cor.fequence of a previous agreement between him and the faid Sarah Broun his ite, and as a condition upon which (he confented to convey her eftate, did enter into one bond or obligation to the d George Lucas in the penalty of ten thoufand pounds currency, conditioned that if the faid Thomas Brown fliould ithin twelve calendar month; from the date thereof, convey to the faid George Lucas a\' the before mentioned lards d lots mentioned in the fa'd leveral conveyances, in truft lor him the faid Thomas Brown during his lile, and after i death ot the faitl Thomas B/ own, then in tr.ift lor Elizabeth Brown, daughter of the faid Thomas and Sarah, fo? r.6 h°r!:fe, anJ after the denh of the faid Elizabeth B-own, the d.i'.ighrer, thin in trufl foi the children of her the faid Eliz.th'ih in tail j ana in cafe the faid Elizabeth B ojjh Ihould die without tlJuc a; me time of her death, then i:i uuft forthe faiii Thomas Brrwn, his heirs and afiigns forever : and whei\£Ji the faid Thomas Brow-i in pu.faaoceand exe- cution of the fevcral uuds mentioned in the condition of the time bond, did by indenture bearing date the eleventh day of AprU'm the year laft aforefaid, therein reciting the faid condition, convey to the laid Geo t'ge Lucas, his heirs andalfigns, all and lingular the lands, tenements and hereditament* in the laid indenture and the before mentioned , band and conveyances mentioned, ard referred t j up>.n and for tlie ic veral trutb, intents and purpofes as in the con- tlition of the lame bond is mentioned and expreflld, or in and by the f.ud feveral deeds and co .i.yeyanqes, re, the laid trult eltate by the tenor of the deeds and' conveyances herein before. mentioned devolves upon the faid Thomas Btswn, his heits ai.dalTigns : and whereas it snpears upon indifputable proof to thi» General Affembly, that as the faid Sarah Brown hath. expre(fly limited her, eltate to her own iffue in tail, her intention was to exclude her other heirs in fivor of her hulband tiie faid The-- vnas Brown, which is fully exprefl'ed by the documents exhibited by him the faid Thomas, lo that the fubltance cf the ait of Ailembly for the alienation of eftitesoi feme coverts hath been fully complied with, and even the. formaline* as far as it was practicable ; and the intention of the law being no more than to prevent the alienation of the w ife's •rftjjte through the undue influence or by the Compuiiion of the hulhand, and the laid Thomas Brown, in the prefenc cafe taking no eltate by the laid conveyances in the firlr. inflance but what he had before, it is jtLt and realcuable . that he Ihould be quieted in this title t ) and poileflion of the lands and preunfts herein before rcierred to : I. Be it therefore enabled by the Central Ajfembly of the ft ate of North-Carolina, aid it is hereby enacled by the autht>> 7'it'j of the fame, that all the before mentioned deeds and conveyances (lull be held, deemad and uken cube firm and' <:fTeclual in law for the conveyance «f the lands, tenements, hereditament* and premifes therein mentioned againit the heirs of the faid Sarah Brown, and fo as to b»r them and every of them forever ; and -.hat the conveyance by in- tlsnture from the faid Thomas Brown an Sarah his wife to the faid George Lucas, Wearing date the twenty filth day of March, one thoufand feven hundred and leventynine, at before mentioned, with the trivate examination and decL- ji. ion of faid Sarah Brown thereto annexed, now upon record in the regillry of Bladen county, foall be held, deem- « d and taken, and in a'l courts of law and equity lliall be conftrued and adjudged to be good and ifttctual in Lw for- conveying the eitates of the laid Thomas Brown, and the laid Sarah Br own -tin wife, and each of them, of, in and to - tne feveral lands, tenements, hereditaments and premifes in the faid lalt mentioned indenture, meat ooed in the lame manner a.s if the laid Sarah Brown had bien privately examined, with refpeCt to her tree content to the execution tiiereof in any manner prefcribed by law, and as if Inch examination and declaration had been certified by anv Judge, - Jnllice, Court or Commillieners- for thatpurpof** leg-ally appointed ; any Ian, ufage or cuilum to the contrary in any/ ■wife notwithstanding. ]I. And be it enacled by the authority aftrefaid, that is all or any fuit or fuits which may hereafter be inftituted agpinft she laid Thomas B< own, Iv.s heir? or alfigns, by the hens of the laid Sarah Brown, his late wile, or hy any other per- ion or perlons claiming by, from or under them, or any of the. n, for the recovery of all or any oi the land-, tene- ments ©^hereditaments mentioned or defcribed in the faid l-ft mentioned mclt-muie of conveyance, thu ;>c~t may be jiven in ev.dence in the lame manner as p.iblic act* without fpecial pleading, and Shall be a perpetual bar to any fuck ' Suit ; any law to the contrary ncitwithllanding. Chap. XXVIL Ah acl to quiet in the po[fjfion of William Scott arta'in lands therein defer ibed. WHEREAS Samuel Scott, d.-ceafed, did in the year one rhouland feven hundred and fii'y thrte, ootain a grant- from Lord Grar.ville'i, office for fix hundred and forty acres of land lyi.;gon Rich fork and Reedy-iork, in Cud. Jord cou.ny, then Row ,n county : and whereas it hath hien made appear 10 tne fatisfaction of this General Alfemblf ky lundiy afii iavits, that through nsiftake of the lurveyor the plat returned into tne office of the faidLoJd Granville (and which is annexed to the grant) does not by the courfes-and d. fiances therein fpec.litd, include the quantity oi land conveyed to the laid Samuel Scott by Lord Granville : and whereas the IzU Sam^l Scctt hath iince d.ed, and ba- •j.ieathed to his '.'t>n WUli im Scott the aforefaid tract of land : I. Be it therefsre cn<3:dbvtht General Ajfembh of the State o/North-Caro'ina, and it is : hereby enifled, bythe autho' rity of the fame, that from and after the p.ilfinj of this ad, the traet of land tying on Rich foik and Re^d, fork, in Guil- trird county, formerly Rowa,i, conveyed bv Lord C/attvilietu Samuel Scott fjr fix hundred and forty acres, have the following bounds, inftcad of thofe fpecified in the conveyance from the faid Lord Gr~njiile to Samuel Scott, viz. be- - ginning at a white-oak corner to nu.nber thirteen, running louth along that line three hundred and twenty poles, thence welt thre* hundred and twenty poles, thence north three hundred and twenty poles, thence eaft three hun. died and twenty poles, eroding Reedy. {oik. twice, to the firft ilation ; and the laid William Scott is hereby declared tin fce niveU; j with as fall nii xinpie ri^'u a.id tilk M the land* iaclB&d Hixkia the J'.dJ lkes ; as he would or might hare "7 been, had tbey been eskgrefily mentioned ir, the conveyance nude from Lord G^atruillelo the faid Samuel Scot.', Pro- ifided, no other perron or per lops have tiny [a Vful claim or any pai t thereof prior to the raffing this a£t, Chap. XXXII 1. An a^l'to' amend an'dcl, e'niiflecl', An act for .thepegulationof the town of Hillfborough-, p. 74. WHErtEAS it is the intereft of every ttatc to regul.*te tire police of its towns and encourage their trade, and the laws heretofore n::de fer regulating tl e town of tiittjkffrougb having proved dt fective : I. Be it therefore eaailidby the Gerie*af Affembty of the Sidle of North- Carolina, addit is keMy enabled by the ait. thority if the lvn ; and the' fajd'rules, ordinances and regulations from time to alter, change, attend and discontinue, as to the fad comniiihoners or a majority of them lhall appe ir necefiary ; .and alio to have a«rp!e powers to enforce a compliance and obedience to inch regulations, by laying fines and penalties on thofe who (hall refute or neglect to conform to fuch rules and regul .lions, no: exceeding five pounds, and in cafe of (laves, the puhifhment not to exceed thirty- nine lalhes ; the laid fihes'to be'.rc'co'vered and the pnr.iihir.cnt inflicted in maimer hereafter mentioned: Proiude\L that fuch rules and regulations are not incot fijlent w 1 h the laws of the land, And whereas it is the proper office of the faid commrfiloners to make b) e-laws and 1 epilations for the government of fnd town, .u.d it has been found ii convenient and often impracticable to call together the I hid cTanimiffioners for the: immed'ate purpole of punilhing cfrendtri, whereby the laid regulations are never properly carried into effect: fcr reined / whereof, II; Be it enablSd, by the authority- afore/hut, that a proper perfon fhall be elected at the lame time, and in t he mincer directed by hi* tor ele&ing commiilioners, w ho lhall be called the magi fixate of polire for faid town, wh&l: duty it 'lull be to enforce obedience to the laws and puniih offenders, and (hail be and is hereby authorifed to ihbe his warrant directed to the fhefWT, deputy. mJerifftor town conirable, to fummou offenders KgainR the laws, rules and or- dinances mads and provided fur the regulation of the faid town, to appear before bin}, and en their cor, whicii (hall be in the fame manner as trials before Jutlices of the Peace, the laid inagiftrate is hereby a.mhenfed and required to give judgment and award execution, agreeable to the laws, rules and ordinances provided fcr the govern- ment of the laid town, which warrant or execution the Iheriff or conliable is hereby required to execute ; and on fuch trials the laid magiftratc is hereby aotberifed and declared to pqflel.s all the rccelTary power to aduiiuiirer paths-, and fiibpcena and examine witneffes, and lhall rake the following oath before he enters into the execution of his office : "I. A. '&.&ifolemnlyJwear, that as a magi/irate of, 'police for tbeto-Wn'cf^iWi&atough, I will do equal right in allcafes vha'.Joever, to the.be/lof 'my judgment, etidiicc.trdingfo.tbe laws, rules and-w-dmances m-ade-for the gtsverXfUSut ned ti the proper officer ; and it: all things belonging to my office, during my cmtinnance therein, i will faithfully, iruiyandjuftly, accirdii g to the he't of my full aid judgment, do eqt,a( and impartial jujiice." Providid always, that where any pcrlcn (hall think h/'ia or herfelf aggrieved by the judgment of the faid magistrate of police, fuch perlon llr.ll have the rij>hx of appealing itoni the faid judgment, to the court of pleas and quart er-feilions held for the county cf Oranee. III. Repealed, IV. And. ^e it further enailed, by the authority ofsrefaid, that all acts and claufes of ads that come within the pur- view and meanhig of this act, lhall be aid the fame are hereby repealed and made void, CtTAr. XXXV. Artccl to ereBani eQablifo an Acadenty hi the comity o/" Richmond. . WHEREAS the cftablilhing an academy in the fa ill county for the education of youth, will be attended with great advantages to the itute in general, and the county of Richmond'm particular : I. Be it therefore er.ailul by the General Affsmbly if th'ejlait of North-Carolina, ardit is hereby enabled by the m- thrityoftbe fame, that ffeniy I'/illiam Harrington, Thomas Dockerg t Thomas Crawfird, Miles Kim', Edward )l r i'Aianc contrary notwiihftandmg. III. Andbe it further enuBd, that the (heriiP of the comny ot Cumberland is hereby .empowered and required, to fummons a majority cf tbe Ju'.tices of the faid county to r»eec on the lecond M on day of December nexr, in order to appoint two iulpectors to the warehouPe of Mumford and Perterfield aforefaid ; who Ihall continue untii the next.coun- ty court ot Cumberland, and be Inject to the lame reftrictions as ether iulpectors of tobacco ai public warehsufes : Provided, that all the J^ ' ftice* of the Paid county of Cumberlaad, (liall be entitled to fit and vote on the appointment to be made on the lecond Wondav in December aforefa'd. *- ' Chap. X.'vXVJII. An it! ti anend bi nB, entitled. An act for ne better regulation of the town of Fayetieville, p. 504, paffed a 1 - 1 arborough, in November, one thoufmnd /even hundred ai.i tightymfeven. '^TI/HEHEAS ltveral necellary regulations have be:n omitted in the above recited act : for letnedy where I. Be it enatfed by the General Affembly of the flat; «/ r North- Carolina, audit is hereby enacltd by the authority of the fame, thit wlien any perlbn Ihall be appointed by the comniillioners of the Paid town to collect the tax or taxes there- of, he Ihall prior to entering on the exccu.ii 11 ot his office, enter into bond w ith lulficient lecurky in the furn of two hundred pounr's to the ccmniifnoneis if the laid town, and iheir lucceflbrs in ifTiie, fcr the faithful dilchar.^e of his duty; and in ole the perfen to appointed fliall refulie to ,1'erve, or fail to give lecurity as aforefaid, the faid coni- milli oner* fiiaii proceed to nominate and appoint any other pi rlou who may be willing to act, and enter into bund 2 *# iriih fecmiij.ln manner, a? afqfefaid ; ana the co] lector fo appointed fli ill an.! it hereby empowered, direfted and required tocJ ... :■• fa d i i ne to the treafurer ol the (aid town, on or before the fir ft day of /kfav in e.ic'i and ev: ; \ \ (• aftc'i cent, cpoimiflioo.s foe hi> trouble ioi making fuch c lieftion ; and if any luch cblleft rfh.il gleet ' •- n'i for on oath, and pay the leveral taxes wherewith he is char >eabl© according to the d recti* ns t it (iia'l ; ! tni\ be lawful for the fuperior court of Fayettcvitle diftr ft, or the county court of Cttmotrlun .' on : ttrmnhTioners aforelaid, or a majority of them, or on moticn of the treafurer of tbe'to'vn afore .air, to enter up judgment againft fucfi coUeclor and his fecurities, for all monies tf crew ith he (hail or „, •- tfi&Tj cable to fatd town, with (nils of Art, and thereupon to award (xecutioa' againvt the goods and cha r t:i;. I*n-eeied to any per len by them appointed, which money (hall be paid into hands of the teealurer of faid to va ; and fuel) perion lo offending fhaii be further liable to pay ;.ll damage which fhall or may arile therefrom. Provided that ..o perion iba'il be (object to this penalty until the conamiffioners fhall have made publication of this regulation for the ipace ofitx months at the door of the court-houie of the county of Cumbi rl ind. IV. An ! be it further emitted, by ihe uuthnnty afi-efaid, that the commitfioners of the faid town fhall annually in the mnn'uh of DeccmL. r, pubiiih an accurate iift-of thg.m»nies I?y!ed and collected, and alio of all meniis they may have received, either by lines, donatio ■ or otherv$ifc, tor the ule of the faid town ; together with an accou.it cf each him expended, to wtiom p.>'^l ludfor wha.t purpofe ; togither with an account current, in which fhall be ftated the balance remaining in iliei hands if any j and the commi.llroners fail 'rig to comply with the fame, fhall forfeit and pay the Inn ol fi ty pounds tor each and every offence, to be recovered by any p.crfon (who fhall fue for the fam« within twelve months alter the commitment of (uch •trence) before any court of record baring cognizance thereof, one half to the ufc otihe preftciiti r, the other half to be paid to the trealurer of the town aforelaid for the ule of the faid town , which fum rr f'.ims fhali be levied on the proper goods and chattels, lands and ferements of the faid cammiflroners or eiLi.fr of them. V. Ai.d be it-further emitted, by the authority oforefaid, that fo much of the before recited aft as comes within the* purview arid .neaningof this aft, is hereby rcpealedand made void. Chap. XLI. An at! to enable John M'Gee to inherit anl newer the effete of his reputed brother, JelTe Steed, de- ctafed. \j\ 'HERE AS his represented to this General AiTimbly, that Jeffe *teed, late of Guilford county, deceifed, in. VV his lifetime and at the time of his death was entitled to a confi.terahle real eftate. befides fome peifonal pro- perty, ar,d that the fud Jeffe Steed departed this life in or about the month of May, one thou and feven hundred and eighty (even, inteftate, without leaving any wife or itTue, and that adminiftration of the goods and chattels, rights a:,d credits of die faid Jeffe Steed, was a'terwaids granted by the county court of Guilford to one James Boba* r.on, who c aimed the fanu ae the greater! creditor of the laid deceased : and whereas it having been made appear to this General Aflembly that the fa;d Jeffe Steed wt an illegitimate fon bom of the body of one Elizabeth Steel, ?nd has left no kindred who can legally focceed to his eftate, but has left his reputed brother John M'Gee,oi Brunf. wick county, in Virginia (aifo a fon of the faid Elizabeth) but born in wedlock during her corerture with Michael M'Gee, whom it is reafonab'e to fuppofe the faid Jeffi Steed might hare preferred in cafe he had made a will : ani whereas it has hkewife been made appear, that the faid Elizabeth bore two other children, to wit, Mifes and Michael M'€ee, and no more, and afterwards died ; that the faid M"fes died without iflue, and the faid Michael removed hirnielf towards S ,uth- Carolina about thirteen years ago, and it is not known by his relations whe.her he is living, or whether he had iu"u; or not : I. Be it therefore er.atted, that the faid John M'G:e be henceforth confldered as next of kin to the faid Jeffe Steed, dec afed ; and that he the faid John M'Gee, be and he is hereby empowered and enabled, in his own name to afic, demand, lue for, recover and receive all -the eftate both ical and perfonal whaifoever of the faid Je/se Steed, to •which the faid Jeffe Steed, at the time of his death, was or might be entitled either in law or equity ; and ihat all iuzh tea! and perfonal eftate be, and it is hereby fully and absolutely velted in the faid John M'Gee, his heirs and a(- .:^ns foreve.- ; except fuLli part of the pcrfoial eftate as has been or may be legally adminiftered and appropriated to the payment of demands agajnft the faid eiiate ; Trovided, that he cr.tei into bona with fecurity in the county ftfts> ecu t a.-'iii. .;J, to fu render. or.e halt of the faid eft ate to Wcha ! M'Jee me younger, or hi; !iei-s, if he or they flioUld a pe r and ci 1111 the fame, after dedu&iiig all- reafonablc expences by him incurred in the managetbent o'i the faid i --it-.i e ; »nd the Lid court cf C.ii.frd county L hereby autborjfed and dire&ed to take bond asdaiorefaidj and c.iufe trie f me to be filed of record. Chap. XLII. An at! for ere cling a town ontke li h (.7 ■ nas Douggan, in Randolph county. W'HEREAS it hath been represented to this General AfT mbly, c3i. t a tow;! in the county of Ranfo'ph, on the lindsoi I h'im is L>o--pg an, at the court houfe in f.iid county, would be conducive to the in.trelt of the faid- county ; and the hid Thomas Douggan having Signified his con&nt to have one h'untired acres cf the laid land laid oft* for a town : I. lit it therefore enacted by the General lijfemliy of the Rate of Nrrth- Carolina, and it is hereby er.atled by the autho- rity of the fame, that the faid one hundred acres of land be laid out in lots con ai ling one acre each, and llreets ac» cordingly ; and the lame is hereby conftituted and eftab 'ifhe.d a town by r .h; name if jfob«ftatatffle. II. And be it further enabled by the authority afore/hid, that lroin an* after the palling of this ats, one half of the money arifiug from Uidi file, ind the refi lue (hall b; applied to ini for the afij of the laid to .-/.: IV. And be it fur ther < naflted, by the at thority 'aforejbid, that as loon as the faid town ill all be laid of a* aforefa'id" the faid commiflioners (lull have full power to ta!;e fubferiptions for the laid lots ; and when they fhall have taken fubferiptiens for fifty lots or wore, they fliall appoint a day by giving public notice of the time and pla,e fi r draw- ing for the faid los, which fljal! be done by ballot in a fair and open manner, in the prefeace of the commiffioners or'a majority of th^tn ; and each'fubferiber fliall be entitled to fiicH lot as (hall be drawn for him, to conefpond wish the mark and number contained in the plan of the f dd town ; and the faid eommitliouers or a aiaj >rity of them fhall execute a deed in fee limple for fuch lots to the fubi'cribs;-:-, their heirs and alii jus {oic^e, at the coils and charge of the gr.miees.. V. And be 'it further ittaU'ed, by the authority ,ifo'-efaid, that each fuhferiber fhall within one month after drawing as aforefaid, pay to the Lid conimiilioners the furn of five pounds ten (ftitlihga current money for each lot, and in cafe of negleci to pay the fame, the faid conimiilioners fliall profecute a luit or fuits for tVe recovery thereof, and fnd! rec.n-er judgment for the fame with eoft- of iV.it ; and \!.e faid commiluoners fhall, as foon as they receive the faid monies, pay unto the faid Thomas Douggan the fum of live pounds icr each lot, in full fatislaction for the laid land, arid; the remaining ten (hillings for each lot, to be applied towards defraying the expences in laying off and improving die (aid town, in fuch manner as they or a majority of them may dire£f, ; and in cale of the death, remo- val out of the county, or refufal to acl of any of the faidcprriimiffionefSj the lurvivcr or furvivors of them are here-- by empowered to appoint another or others in his or their (lead. VI. 4 f:e Lfe it further ena&ed hi j.he auihorifv (tforefaid, that the commifTioners fhall keep a well bound bnok, W-herein fiiall he entered their proceedings ; and they flull appoint a clerk and trcafurer for faid town, who (hall en- ter into bond with fumcicnt iecurity to perforin their f-.vera! c.hces. Chap. XLIII. An ail to amend an afl enti:hd, UriaSfi'drhcnd an eft, entitled, An scv to remove all difabi'itics from SitnoN \tkary i and others therein named. />. 145, & j 9S. ' HERE \S by an z€t, entitled, An ncl to amend an at% entitled, jindSt ti remove all disabilities from Simon Cle.n-y., th:d othefs therein riavkd, palTed lajt Grnersl Aflembly a; Tirborough'. it is inferted and fet forth in 2 2$. ire preamble of the faid aft, thst the benefits in; ic perlbns therein named, v/eri etfendetl to them on accou : ui'ihtir inability to come into thkftate within the time limitted b; the aft palled in November, 17S4, corn- called the confilcarion aft, initead of December, one thoufand feven hundred and feventy-feyen ; and inftead ef-laying that a further l f>rovifion''ba ni-ilde for tlie relief of the laid S'-mj't Clary, it re mentioned r o be for his life, contrary to the intention of the- iegifiature, and inconfiftsn: with the ensuing claufe of the laid act: therefore to carry t:-,e intention of the General AilVmb'v into effeft, and to prevent the laid aft from being mifconllrued : I. Be it en-icled by the ( My if the flat e of Niuth-Caroliiaj an! it is hereby en, clcd by the authority of the fa ne, ti'it the fa ; d emendalory alt paned at Tarborough as a for el aid, Ih ill operate as fully, amply and forcibly as if the wor is December, one thou! .n i fcv.en hundred audj'erenty. feven, h i I J or g':vi>:g him or them a longer time ■ to '"/';:?.;>:/ /.-„ '.. ■ :: , and fir externting this acl to the counties therein mentioned. WrJEKLASi'ti - .1 :ral A'Te.nbly, thai; Tbom'js JohnfJon t late fheriff of Cnflvw county, hajih not received me (ihk ng fund tax due fro n :h i inhabitants of Onflow county for tlie year one thoufand feven hundr f fix; ftid that h< I vith the fam« : I. Bi it therefore en Reiby'.heGt : if- the" fi ate of North-Carolina, and it it hereby er.a£?edbv the fit* thoriiy his heirs, executors or adtnhiiftrators, have full power and authori- ty toco! ules andregulations a? other public taxes are collected and accounted for; lie 1 r ibey (aid tax, and pay the lime into fhe p iblic tre [fury of the ftate of of North- Carolina, on orbeforei 1* next ; any law, ufageor cuitoni to the contrary notwithftanding. 1; A ■ t '. r ■ : . the authority afore/aid', that tnis act mail extend to the counties of Tyrrel and Zi>. therfor tier as t» thkcbikssy of Onfb'eni Chap. XLV.II. - • mienda ail faffed at hil*!fooroughyi« the "year one tkoufandftven -.hundred and eighty-three, eniitlt It certain lands in fee fimple in Richard Henderfbn and others, p. 116. WHEREAS by 1 1 lauger from the Indians^ and J bate of the country where the faid lands lie, the fu Id not be compleated within the time prefenbed by 'he faid Jaw : I. Beit therefore ■ . ■ ly cfthe/iate of KortJ.-Cavolmi, ondjtis hirtbi mailed 1 3 the qiitha. rity of the fame, lh n and company, (hall have full power, righi andau:hori:y to am- pleat the faid fur ■ I FactjofiA'ffaaihl) j and -if compleated wiVriiii twelve mom peace : !< -t led ■■ h ■ . !' be asfull and effectual to ail intents and ^ri ofes, as it it had been con. pleat- ed within tie tune pnfu bed by tl e faid act. EaAp. XLIX. Aiucl to eftablifh a town already Lid off at the court houfe in Robefctn county, ly the namecfLuxwher-* ton. , t ^7T7HEREAS John Willis, El'jiirc, did, by a eanyeyancejin truft tor tlie purpofe ofhasihg the fame laid off and V V dlfpofed of by way oi' lotter; , convoy a certain q janttry of land to Henry Ligh'.foot, Ellis Barns, J fQob Rhodes, Sampfon Bridgers and William Tatham, Efqui -es, who ■% ere purfuant thereto appointed by ih cpunjy c< urt of Robe- fox to fuperintend the lame ; and the laid fupertntendants did caul* tlie laid hnd to be laid ch 1 into half acre lots, with nit ftreets and coa>mon?, and a public fquare, by the name tjf Lumberton : and whereas the faid lottery v;s drawn, and the plan and fcheme tiiereo:', with all other papers relpe citing the fame, liied and e'epefited in the clerk's office ef laid com ty, and the public building for faid county erected on (aid fquare ; and there now bong confider.a- ble improvements mai e infaid town, the inhabitants thereof and. owners of laid lot:, are dtfirous that the fame mould be eftablifhed bv leg dative authority : _ J. Be it therefore entiled by the ductal AffembH of the State o/N r cith Carolina, end it is hereby e/ucied, ly the autho- rity oft, t a • . it the faid land (b laid off, be eftabiifhed a tow n and town common, agr< eable to tlie' fcheme and plan thereof, by tl.e name ol Lumbertor,. And where-.:, it m,v fo happen that laid managers appointed as aforefaid, may remove themftlvej cut of tl:e faid count)', die or 1 Ggn their appoit:tit,« t : for remedy whereof, II. BeitfurthtCtijaatdbytheauthorttyaforefaJd, that it ..'.all and m:y be lawful for the Tuflices of the county forefaid, wh pfuch racaneies fhafl. co may happen, to appoint f'uch other man gee as they ma thi k proper fuch vacancies; and a ma]crity of than ihail always be confidcred ai fufBcsentin mskins conveyai ces'in the man, Kt heretofore cxpreued. K3 222 III. Andbe it further enacVed by the. authority aforefaid, that all lots 2nd town property In the Taic? town of Lumber- ton fhall be Subject to aflelffnent and taxation, in the tame manner, and tinder the tame regulations as other town propeny in thii flute. And whereas there are lo:s lying in faiu town which have not yet been claimed, and it is probable the tickets are lo(t and may never appear ; and in Older to do juftice to theoivner or owners of Such lots, if any there be : JtV, It is hereby, enaSted, that the managers for faid town c-iule to be reined out, all Inch improved let! from ye$r to year, for the higheft fums that can be had lor the fame , which funis they ihall be iubject toaccount for to fuch per- fon or perfons as may prove themfelves to be the lawful owner or owners. CHAP. L. An ad to eftablifb the town already laid off at thi court- houfe in Cafweil county. 'HEREAS one hundred acres of land, adjacent to and whereon Cafivell court-houfe now ftano's, hath been laid off" in r o a town of fquare fireets and (my two lets, by Nicholas Dtlone and William Lea, who were the pro- prietors of the aforefaid o.ie hundred acres of land, and hath already fold and dilpofed of to merchants,' artificers and others, the aforefaid li:;ty two lots, many of whom have erected buildings and made confiderable improvements for the purpofe aforefaid, and are defirous the faid town fhould be eftablifhed by legifUtive authority : I. Bt it therefore enaclsd hy the General Affembly of. the /Lite of North-Carolina, and it is hereby enabled by the an. ihority if the fame, that the fold one hundred acres of land fo laid off into fquJie fireets and lots, be and tlie lame is hereby conftituted, erected and eftablifhed into a town, and ihall be called by the name of Lea/burg. II. And he it further enaRcd by the authority aforefaid, that Nicholas Delone, . William Lea, L/ord Vanhook, Thomas Neely, Gabriel Lea, Samuel Johnjbon and J >hn M'Farlin, be and they arc hereby conftituted and appointed trufteeJ, fur the further defining, building and improving the laid town. And for continuing the fucceffion of the trultecs or directors of faid town -. III. Be it emaffed by the authority afortftid, ihat in cafe of the death, refufal to aft or remoril out of the county, of any ot the faid trufkes or directors, the Surviving or other trultees or directors, or a majority of them, (hall at iemble, and are hereby empowered, trom time to time, by instrument ot writing under the. r reipective hands and feals, to nominate and appoint tome other perfon or perfont, in the room and place of him or them 10 dying, refuf. inw to act or removing out of the county ; which new director or directors fo nominated and appointed, ihall from thenceforth have the like powers and authority as if he or they had been expreilly nominated in and bv this ace. />q« v'ultd always, that the lot of four acres of land whereon the public buildings tor laid county now (bud erected, t. ge- ther with tiie Ipringsin the fj id town, (hall agreeably to the original furrcy of die (aid lot be refervtd tor public tile ; and inhabitants thereof Ihall hare free egrcfieand rrgrels to and from the laid iprings, by fucli Itre.tf and alleys as fhall be deemed and laid off molt convenient by the laid co.imtiiiioners ; any tmng herein contained to the contrary not»uh(tandmg. XIV Year of Independence. The 2d of November, 1789. Chap. IX. An acl for granting to the inhabitants c/Tyrrel county a privilege of holding ft 'parate JMions for members tf Affemhiy. WHEREAS it is reprefented to this AfTcmbly by petitions from a number of the inhabitants of the county of Tyr- rel, tb.it the great extent of faid county (it being one hundred miles in length) renders it very difficult, trou- blefome a'nd experfire for them to travel to the court-houfe to give their luffrage for members to reprelent them in General Affembly, many ot them having to go by water the diftance of lixty miles, and others who travel by land have very broad waters to ferry over, are often prevented by bad weather and contrary winds, by reafon of which they are deprived of their fuffrage, and by confequence of a repreientation in fact in this Afferably : for remedy "whereof, I. Be it therefore enatled by the General Affembly oftteftate of North-Carolina, .and it is hereby enacled by the auth*. rity of the fame, that from and after the palling of this act, it ihall and maybe lawful for the fheriff of the laid county oiTyrrel, or any ot his proper deputies, and he or any of them is hereby authorifed and required, to open an ejection on the da'y preceding the time appointed by law, at the old fort landing plantation, at the houfe of Robert M'Callj/l ter on Alligator river, and at the Glebe houfe near Kendrick's creek, for the eafe and convenieacy of the voters in the moft diftant parts of the faid county, under the fame rules as are prescribed for holding the general election ; and I the ballots fo taken fhall be fealed up by the inlpectors of the poll in the prelence ot the fheriff, or his deputy who held the election, and by them be tranfmitted to the court houle under the care of the faid fheriff or his deputy : which ballots fo taken Ihall and they are hereby declared to bt part of the election of the faid county, any thing to the con- trary notwithftanding. Provided, that nothing herein contained (hall deprive any perfon entitled to vote for members in laid counjy, and who has not already given his vote at either of the places above mentioned, from giving his Hlf, /rage at the court houfe on the days of the geneml election for the body of the county. 22$ Chap. XTI. An act for aliening the, n.inie of Jim^s Koufom to that of James Long. \T THEtlE^S it is the earneft req left of James Ling, ciTyrrel 'county ] that his natural fen, heretofore called V James Roufvn, uV.uld hereaiter be called and known by the name of Jetties Long .- I. B; it therefo -e en&Seiby the General AJfemll^ of the ft ate o/"lXorih-Caro ma, and it is hereby enacled by the autho- rity of the' fame, that, from and af^er the palling of this ait, the name o. James Rou/bm (hall be altered to the name Of James Lang and thai he lhall thenceforth be called and known by the laid name : and that by the laid name of James Long, he fhall and may fue and be fb'.d, ple-id and be impleaded, in any court of law or equity, and obtain and po!Tefs lands and all other ipecies of prefferty by will, devife, donation, grant, purcliafe cr ctherwife ; ard he may by his n '.me aforefaid fell and difpofe of lands or other propery ; and finally in all things the laid James Long fhall be capable in law or equity of negociating and tranfiicung all manner of bufinels in as lull and amp'e manner as if he had been called and kuo. vn by no other name lrotn the time of his nativity, any law, ufage or cuitom to the contrary notwithstanding. Chat- -XV. An uSl directing the fah of 'the county buildings in Surry,- and to alter The limes of holding ftverat county ccurls in this J: ate. WHEREAS the county buildings in Surry are become ufelels fince the divifion of faid county : I. Be it therefore enaSedbytbe General Aflcmkly cf the State of North- Carolina, and it it hcreiy ene&cd by the authority of the fame, that George riouzer and John Halbert iha\\ be coinniilhoners, who Hull hare full power and an. thority to leh and difpule of the court houfe, prifon and frocks which belonged to the county of Surry before it was divided; and the fa;d commiflioners arc hereby authorised to Jell the lame on twelve months credit, the purchafer o-iving bond and approved fecurity. II. And be it further enacled, that the monies ariGng from the faid fa!e, mall be paid in equal fums to the commiffi. oner- tor erecting the county buildings in the counties of Surry and Siokes- The I aft part in N. C. L. in the errata, p. xxi. Chap. XVJII. An ail for the promotion of learning in the county of Currituck, and to amend the Wilmington academy ld'M. TT /HERE A.S the good education of youth has the tnoft direct tendency to promote the virtue, enrrea r e the wealth VV arid extend the fame of any people j and as it is the indifpenfibie duty of every legiflature to confult the hap. pinefs of a riting generation, and endeavour to fit them for an honourable difcharge of thefocial dut'es of life : and whereas it is reprelented to this General AiTsmbly that the citizens of Currituck and the adjacent counties, are detir- ous of making an early and liberal provifion lor the inftrpi&ion of youth by laying the foundation of a public lemina- ry in that county : I. Be it enacled bv the Central Alfembly of the State of North Carolina, and it is hereby enatledby the authority of the fame, that I facte Gregory t Dempcy Csnnor, John Svia.m, Peter Dauge, Dtmpcy Surges, Enoch Sawver, John Hum- phreys, William Ferebee, IVilk-ugt.by Dauge, Afahel Simmons Jrfph Fcrebee Timothy Etheridge, and 7 homas Pool Wil- liams, Efquires, lhall be and they are neieby declared to be a body politic and corporate, to be known and diftin- guifhed by the title of the truftees of Currituck fieiiiiiiary of learning ; and by the name of the truftees of Currituck ieminaiy of learning fhall have perpetual fuccellion and a common feal ; and the faid truftees and their fucceflors, by the name afore laid, or a majority of them, fhall be able and capable in law to take, demand, receive and pcfTefs all monies by fubfenption or otherwife, goods and chattels that lhall be given them for the ufe of the faid feminary of learning, and the fame apply according to the will of the donors ; and by gift, purchafe or devife, to take, have, receive, poilefs, enjoy and retain to them and their fucceflors forever, any lands, rents, tenements or hereditaments of what kinu, nature or quality foever the fame may be, in Ipctial trull and confidence that trie fame or the profits thereof fhall be applied to and for the ufes and purpofes of eftablilhing and endowing the faid leminary of learning in the county of Currituck, building or purchafing fuitable ar.d convenient houles, purchafinga library and phllofophi- cil apparatus, and fupporting and paying the falaries of the provoft and fuch number ot profeffors and tutors as to them fhall feem necefTary. ^ II. And be it fwther enacled by the authority aforefaid, that the faid truftees and their fuccefTor. , or a majority of them, by the name aforefaid, fhall he able and capable in law to bargain, fell, grant, demife, alien or dilpofe and convey any luch lands, rents, tenements or hereditaments as aforefaid, when the will of the grantee doth not for- bid the fame ; and further, that th« faid truftees and their fucceflors forever, or a majority of them, fhall be able and capable in law by the name aforefaid, to fue and implead, be fued and impleaded, anfwer and be anluered in all courts of record whatfoever, by the itile of the prefident and truftees of the feminary of learning of CwrU tuck. III. And be it further enacled by the authority aj 'jrefaid, that the faid truftees or a majority of them, fhall and they are hereby auth«rifed to choole a prefident, treasurer and fecretary out of their own body ; they may alio chooie a reclor, profetlors and tutors for the 'eminary of learning, at d the fame may remove at plealure ;ai.d they fhall have authority to make bye la.vs for the government and regulations of the leminary of learning, ard the lame to alter and amend. Provided nevcrthelefs, that fucu laws lhall not be repugnant to the laws of this ftate, their morals, flu- 224. dtes and acadcmVa! exercifes as to them fo.ii! feflfn meet ; and to give certificates to Inch fhuknts 33 fhall- leave the laid leminar?, certifying their literary merit uira prpgrefs 'ol 11 b fill knowledge ; and further, mat ofrd; ith, r Ii_j,i- arion, retulal to act or inifcortduct or" eitiier profeflbrs ortutors, the fetretary, ireafurer or fteward, other* lhall bs eiected in their room and dead, a majority of the truftees ag< eeing thereto. IV. And bs it further enabled by the authonty afo'tf.iid, that the treasurer of the did board of iruurees, ih ill enter inro bond with fofficient iecnrity to tiie truftees aforeiaid, in the fam of two I'noufaud pounds, conditioned for the faithful diicharge of the trult in him repoied ; and tharail monie« and Chatties belonging to the laid corporation that Shall be in ins hand at the expiration of his office, fhall then be immedi nely paid and delivered into the hands of ..he facceedmg irealurer ; and every ueafurer (Hall receive all monies and donations of whatsoever kind that may belong or accrue to the laid feminarv of learning during ins office, and it tne expiration thereui (hall account with the trul- tees fur the lame, and ihe fame p^y and deliver over to the fucceedihg treafurer ; and on his neglect or refufal to p3y and deliver as afore ("aid, the fame method of recovering may be had ag liiut him as is or may be provided for the recovery of monies from iheriff?, or otherperfons chargeable with public-monies. V. And be it further enafied, that if any truftte Hi ait neglect attending at the (fated meeting of the board for the fpace-ot two years, or if any of thnn fhall die, or oth'erwife reii' b n his office, tbe remaining truftees, or a majority of them, (hall at their next meeting chooie another trpftee in the room the perfonthui neglecting his duty or reiigu- ing his ctfice. VI. And be it further enacled, ly the authority aforefaid, thai no lands, tcner.-.ents or hereditaments, which may, be vetted .in the iruttees of the fe mi nary of learning of Currituck, for the Cole ule aodbehocf. of the feminary, thai be fubject to any tax tor the fpa'ce cf ninety-nine years. Ptuviud, that nothing contained in this act, fhall he under- stood is fcftabliurng this as one of thol«s feminaries of learning mentioned bv the conthtution of this ftate. Wcereas intlie third lection uf an act palled iatt teuton, tuiMed/ An ad fjr the prowJiin if iarnirginthe diQr-El of Wilmington '•, it was intended thar the number of trutteees might be augmented fo as not, to exceed thirty noc to be under twenty, but by an omiflion in the engrofier ot tie bill ir otht rwile, although a certain number is inten- ded to ue refened to, that number does not appear 111 the act : for remedy whereof, VI!. Z?t*i'r enailed by the Genet at Affembh at the Stole (f North-Carolina, and it is hereby enabled by tie authirily of the fame, that the faid truifees at any future meeting may, and tney are hereby empowered if they fhall judge' tfi'a' lame neceffary, 10 elect by billot a fufficient number o» perfons to be truileeslo as to make the whole number tnirty ; and loch truitees lb cholen, lhahMiave the fame powers and authority as the truftees named in any of the before men- tioned acts. And whereas it is enacted by the faid act palled Lift Aflembly, that the hrir meeting of the truftees fliould be o\\ the firit day of January after palling the faid at, and the laid act having palled into a law o'i the fisuh day of December^ immediate'v preceding the faid firil day ot January, anJ the I'a lie not having been publiihfd, 11 ar *w authentic co- py thereof received by the faid trultees until long after tile fail firit day of January, the fir ft meeting of the laid 1 roikes did not happen until fooie months at te; wards, to grevej.it tne legauty of the acts of the laid truitecs at their Brit meeting being called in e^jeltio.i : \ 111. Beit therefore cvaftedby the authority qforefaii, that the faid firft meeting of the tru'.tees of the fiiJ academy, held after the iaid lirt't da/ of January latt pait, fhall b-j held, deemed and taken to be good and effectual in law in the lame manner as if the fame had been held on cue faid iirtt day of January lall ; and diat all the act's and doings if the laid truftees fhall have the f|tne force and.effe ft, as well wiiliiu court as without, to a.i mten.'s, coaitfnctioiis, andpurpofes, as if the faid nieet'ng had been held on the dav nie.itio.icd i.i the faid aft ; any tiling in ihe faid ad, or in any law or ufage to the eontraiy thereof in any wife hotftuhftandiri Chap. XXV. An ail to tftablifbthe title ef certain lands therein mentioned. "\ WHEREAS it hath been made appear to this Affembly, that Alary WPhaut, widow of V/'e/ WPhaul, late of i?/,*. den eoan'.y, petitioned tne fuftkeSnf PL, den county court, at the i'ellions held inlaid county in May om tliou- fand ieven hnn 1 danleighrs 6Wj f >r a lubiiftenee fdrherfelf krid childre'Vi Out of the.eftate ofher late hufb.md the laid N.itf, purfuant to atiactof the General Affenibly, theprayer of'whictrpiitition was granted, but bv inattenti^a of ihecicrk of i^id court the or ler was 1 ot fully iniei te.l in the records, wherefore the cotnmillioner of confi'cjted pteper'y pa-.d no art liti m '■ •■'-' c ->> '■ 01 ( ■-'", b>it proceeded to fell and did make fale cf two tracts of land, the only eitate ■ I the faid A'.v/, which fale was contrary to the intention ot the legifl.uure an.1 the order a*orclaid ; therefore, 1. Lit it enacted by the General tfletnbly of the fbate o/worth-CaroIioa, ind it U herely enacted ly the authority, of tltt that the iaiemadeby the coffltrtinlonei oi ■: fiTcated property for Wilmington diftrict, oi a certain tract cf kind 1 n tl ie MHl p ongo£ the raft fwSmp i^i Mk '. n co ;.itv, now in Roiefhn caanry, containing one hundred a.res ; and a 1 fo tbe fale of land, fituate ot» a branch of the faid ruft Kvamp, containing fifty acrej, late thetitaieii . • >i county, de;- Med, is and are hereby declared null and void and of no efFe.t, any la v to the contrary Dotwvithftanding. It. And be it {urthvrer.acltd ty the authority afofefanf, and it h hereby ena£i 'id, that the faid two tracts of land :j and lha'i continue the pi. ate of the heirs, b?i:ig- ihe fbn? of the laid .Veil. *4,'Phaul t as fully a:»u effectually as if fu.ch * See the ap]> f.iles had not b?en nude by the convni'.Tioner alorefajd; fubject neverthejefj to the dawer of Van P.iPhtil, widow of il>3 laid iVeiV, in the urns maun".- as widows are entitled unto dow^r truler the general hw of this ft-tie. 111. A.i.'. hi it f.rlhir ena-'led, by. Qu-uc; Richard Quince, junior, ai;a H'Uliam Seranzo O^-.'.y.v. notwithstanding his minority, ana the lurvivcr and lurv'ivors o: them, the acting executor or executors of the laid Parker Quince being one or more, and they and ( very of iriem arc hereby empowered to fell and difpoie of ill and lingular the real eftate cf the faid Parker Quince n:.t ip- .-cdiealiy deviled by hisfiie 1 will, and to make conveyances lor itte lame to the pur- chafers thereof, thereby cpnveying to each purchaler and his. heirs refpectlvely,. by Virtue of the power given by this ad to amend an ail for the divijLn of Rowan county. N. C. L. 1788, 36 645. WKF.Pv E AS it hath been repreleuted to this General Afiembly, that the lands of Fergus Shan, agreed and fixed on by the commillioners appointed by the above recited ad for the divifion of Sow an county, tor the fixing on a place, and building a court houle, prifon and (locks in the laid county of Iredell, is a plealant aud heilthy lituation, an I the faid Fergus Sloan having lign fied his content to have fifty acres of land. fixed 011 by the commillioners as a- torefaid, laid eff for a town j and at tie requelt and defire of the inhabitants of the county cf Iredell aforelaid, by the name of Statefv'rlle. I. Be it enacltd by the General Affembly of the fiats o/North-Carolina, and it is h-rc'jy en.itl'd by the authority of the fame, that the fiid fifty acres fhsll be laid off in half acre loto, and ltreets accorfing y ; and the fame are hereoy con- itituted andeltablilhed a town by the name of Sta'efviilt. II. Ani be it further enabled, iy the authority of orefa'd, that George i>a\udfon, Jeremiah Nrl'o*.. jr. fifth Sharp, John Nef.'it and Chriffopher Hujion, be and every one ot them be cot limned connr.iiitoners ar.d nuilec, for defining, building and carrying on the faid town ; and they (hall (land leized ot an indefeasible eftate iniee mp'e in the (aid (itty acres of land aforefaid, toand for the utes, intents and purpofes hereby deci. red ; and. the laid com ntllioners, or any three ol the in, lhall have full power and authority to mrtt as often as ihey fh*II th'u.k proper, to layoff laid town 3s they (hall think molt convenient ; and the faid conmiifliohei's thall make and execute deeds iu lee-.'mple to the relptuitive pnrchat'er or purchafers, tor fuch price or prices as they or a majority can agree upon, relation being had to the'refyeciive properties cf the feveral lot*. III. And be it enaclid, that the re'pecttve purchafrrs of faid lots, (hall pay and fatisfy the faid commillioners for whatever turn or funis they may feverally incur by purchafing lots from the faid cfmrnifTioners ; and in cafe of neglect or refufal of any purchater to piy the turn or funis that may be incurred as aforelaid, that then and in that cafe the cnamillioners, or a majority cr (hem, may commence a fuit cr lutts in their own n„ines, and therein recover judg. ment with colts of fuic ; and the laid commillioners as loon as they (ball receive th- money by fales as aforefaid, (hall piy to Fergus S/oJnthc turn of twelve (hillings per acre, for the laid titty acres, iu full fatisfacbon lor the faid land, ana thcretidne, if any, (hall be applied !n defraying the expence in iayingoff faid town. IV. And be it eiu-blcd, that in ca)e of ths dcaih, refulal to act, or removal our of the county, of any of the cotJ- mil'ioners, the furviver or lurvivors of them are hereby empowered from time to time, by inftruinent of writing un- der their bandr, to a -point feme other perlon, being a freeholder in la d county of Jrcdeli, in the place of him (<> .dying, refu'tng to act, or removing as atorefaid ; which cjminillioner or trutlce lhall have the fame power and an. thorities as if be had been appointed by thi> aJt. And whereas a claufe was annexed to the above recited act for the djvifion of Rowan county, authorifing the Juf- •ices of the Peace for faid county ot R'.wan, who;n the aforefaid divilion might fall within Iredell county, toexercile all the powers and suthoriiies to which they were (everally and otherwil'e entitled as Jullices for Rowan '• Aud whereas (aid claule hy accident or other calualty never appeared to ta:d acl : and -vhereas the Jultice* of Roiua n couc- ty falling into Iredell county as aiorefaid, proceeded, to exerctl'e the powers and authorities fuppoletl to be contained in the chu'e as aforementioned, from the fourth Monday in December, one thoui.ind teven hundred and eighty. eight, until the fourth Monday in jin:, one thoufand ievcn hundred and eighty-nine, deilitute cf the aathority fuppcfed to be contained in the claufe afcrclaid, whereby trouble and incohreniency may *ri(e to thole who have had bufirefs dene •with or by the afortLid Juftices during (hat period : for remedy whereof, V. B. it entitle;/, that all the proceedings ot the aforelaid Juftices, during the above period UK] tiding two courts in in laid county of lred.ll, Mi 1 1 be deemed to have tlie fame force and validity as it the aferefiid Juftices had been in- vetted with all the neceiTary powers and authorities as Juftices of the Peace, any law or cuftoin to the contrary nor- vnthftanding. Chap. XXXI. An aB for laying off a team on the lands oj John Marriner, in Tyrrel county. WHEREAS it hath been reprefented to this General Ail'embly, that a town in the county of Tyrrel, otj f he lane's of John Marriner, on the fouthweft fide of Scupper nong river, at a place known by the name of the Black lan- ding, would be of very conlide.*able advantage to the inhabitants ot laid county ; and the laid J 'ohn Mmrriner having petitioned this General Ail'embly for the fame : I. B: it therefore enacled by the General Alfembly ofthsfiait if North. Carolina, and it is hereby enacled by the au- thority of the fame, that Benjamin Spruill, ly'ootfey Hathaway, John H'ynn, James Wosd, Charles Spruill, John Anflty, Kezekiab Spruill, Nathan Batimamad Robert Davidfou, be and they are hereby appointed commillioners, to contract with the laid John Marrimr for eighty aires of land for the faid tow n, and the terms on which he will difpole of the fame in lots cf one half acre each ; and the ground fo agreed for by off into ftreets not lefs than fifty, and not more than one hundred feet in width ; which lo:s and ltreets the laid commiffioners are required to lay down in a regular plat, numbering the lots therein laid down ; which faid town (hali be diitiuguiihed by the name at Newport. II. And be it }u> ther enacled by the authority afore faid, that the comiinliioners above mentioned, as Icon as there /lull be a fufHcient quantity of lots (ubferibed for, all the numbers of the lots ot the laid town lhallbe placed in a box, and the naiBes of the fubferibers in another, and when a name being drawn out, a number at the fame time, his fhall be the lot the number tf which was drawn with his name ; and the remaining numbers undrawn and not lubferibed for, fhall be veiled in the laid John Marriner, notwithstanding he fhall have executed a deed for the fame to the com- millioners aforefaid ; provided ihat the fnblctibers for the laid lots fh; 11 not be obliged to pay to the proprietor or roiinnillioners more than fifty fhiliings for each lot ; and that this act fhall not have effect, until the faid John Marriner fhall exccu;e a fuflicient conveyance to the commiffioners aforeiaid, of the land6 agreed for as aforefaid for laying cu the faid town. III. And be it further enacled by the authority aforefaid, that the faid commiffioners, or a majority of them, are Iiereby empowered to grant deeds to the lubfcribeis for the faid lots. IV. And be it further enacled by the authority aforefaid, that if any of the commiffioners hereby appointed fhall re- fnfe to act, die, or remove cut if the county, thi furvivtng commiffioners Ilia]] be and they are hereby empowered to elect another cotnibidioiier or commifljoners, in the room of him or them fo refilling, dying or removing. Chap. XXXII. An ail to empower certain perfons therein named to receive, fue for and recover allfuch bequefls t dona. iv.u'y bcn.-foclions and other thugs, as have heretofore been bequeathed, given or made by any perjon or perfons what' ever for the ufe oj the ctngrrgalitn cr fociety of the cpi/copal communion o/"Newbern. WHLP-fcJAS there have been donations and bequeltsmade, and monies received by fublcriptions for erecling art cpiicopal church rr houfe of worlhip, and for the fupport and maintenance of a miniiler, but for want of legal authority to call the polTeifors to account for fuch. donations, bequefts, monies and fublcriptions, are in danger of be. Vng I. 'ft, for prevention whereof, I. Be it enacled by the General Affembly of the flate (^North-Carolina, ar.d it is hereby enacled by the authority of the fa-ne t that John ! onvielt, Richard Dobbs Spaight, Richard Ntxon, Jfomc Guion, Trtmas Tbomlinfon, John Daves, Tho- mas Haflin, David Wilherfpoon and William Good, tfquires, fhall and tbey are hereby declared to be churchwardens, for receiving and taking into their pofleffion all and lingular the donations, bequefls, benefactions and monies or fub- lcriptions, which heretofi>re have been given, bequeathed and made and received, and all and lingular the donations, bequefts, benefactions and monies or fublcriptions which have heretofoie been given, or may hereafter be given, be- queathed, made or raifed, and all and lingular the lands and hereditaments which have been f urchafed, made or gi- ven for the ufe and b-nefit of the congregation or fociety of the epiicopal church of Newbrrn. II. Ami be it further enacled by the authority af orejaid, that the laid churchwardens, or a majority of them, fhall be anJ they are hereby empowered to commence and prolecute any fuit or fuits, either in law or equity, againft any per- Ion or perfons who may refufe to account for cr deliver up to them or the laid churchwardens any donations, bequells, beneh-.tiens, monies or lands and hereditaments in his, her or their hands and pofleffions, and which hadbeen giv- en, bequeathed, raifed, fubferibed cr pnrchafed for the purpofe aforefaid, and to proceed to judgment and execution thereon ; anil when luch donations, bequells, benefactions, monies, lands and tenements Iliad be recovf red and re- ceived, the fame to apply to fuch ufes as the faid congregation or fociety fhall direct. HI, Provided always, and be it further enaclea, by the authothy aforefaid, that the congregation or fociety afire faid are hereby authorifed and empowered to cenvere at the cLurih iu faivittrv, on the fn It M inday after Eafier, and on the fame day in every lucceeding year, ardelett feven perfor.s to ac~t as d churchwardens, ar.d Jhall remain and continue in office f«r three years after fuch election. 22*8 Chap. XXXIII. An $i ft) 'wtvefh. ■-■ ' lefeafibU right of inheritance" hi Charles, Alley aid Pm !"nce Oj$jf>, \h ■■■rihing ujttralci?!' ■ en Oj J i n *j£g*, oj the county o/Pulq.iuta»k, cffuch property as w»j bequ.-a.'htd to tje.ua :,t tk .1 cktehf* ed brother Jell'e ' "ggs. WHEREAS it baih been made appear 10 thi? Gciera'i AfTembly, that j'.v;^ #£g\r late of ilie county of Pa,'quotanh % hath departed this life, leav.ng behind him iv.ir nataral children, Charles, Alley, Prudence and J: and Pxijquoiank, as wor- thy of being manumitted and let free agreeable to the intention of their laihcr John Oggs • II. Beit therefore enaclsd, that the laid negro woman He/hr, and her children C arles, Alley and Prudence Oggs\ ere hereby manumitted and Jet free to all intents andpurpofes, and topoffefs all the rights and privileges as if they Iiad been born free. Chap. XXXV. An abl to emancipate certa'n negroes therein mentioned. WHERE AS it haih been reprefented to this General AfTembly, that Robert Sna-eu, in his life time, did receive a valuable confederation for the further lervices of a certain neg^o woma.i named Ameli.i, and has certified the fame and declared her to bs free : and by pititioaof Thdtriis Lovick, it appears to be his defire that a certain negro woman by the name of Betty, belonging to him, mould be let free ; alio a petition of Manlieur Ghaponst, defiring nto have fet free a muIaLo (lave belonging to him, by the name of Lucy, of ihree and half years old : and whereas it ap- pears by the pstition ot Ephrj'nn Knight, of Halifax county, that he is defirous to emancipate two young tmilato men called Richard and Alexinder, the property of laid Epbra'wi : and it hath alfo been reprefented to this AfTembly by John Alderfon, of Hyde county that it U his delire to let free a nuil.tto boy belonging to him, called Sam : and where- as it hath been made appear to this AfTembly by the petition of Thomas Newman, of Fayetteville, that he hath a mu« lato boy belonging to him, which he is deGrous to emancipate, and known by the name of Thorn is : I. Be it enacted by tbe General Affembly of the State of North Carolina, and it it hereby- enabled by the authority of the fame, that the laid negro women called Amelia and Betty x and tne mulato gad Lucy and the 1'a'd inulato men Rich- ard and Alexander, and the faid mulatoboy called Sam, and the negro boy named Thorn is Clinch, fha'l he, and each of them are hereby emancipated and declared free ; and the laid Richard ztiA Mexmier Hull take and ul'e the furname of Day, and the mulato boy Sam (hall be known and called by thj nann cf Sjm iel Johnfon ; and the faid Haves fo liberated, and each of ihem, are hereby declared to be able and cipible in lav to polfefs an 1 enjoy ever/ right, pri- vileoe and immunity, in as full and ample manner as they could or might h ive done if they had been born free. Chap. XXXVil. An acl toveft in Jeremiah and Robert Field a,i indefeafible right to fitch property, as was granted U. them by their father William field, intheya<- on; tfaufhnd fev:n hunfredand fevent-y-jix. WHEREAS it has been made appearto thi» General AfTembly t!i3t IVilliam Ficldand Lvdiu his wife, in the year one thouland feven hundred and leventy-fix, made adeed of gift unto their children Jeremiah and Robert Field of a certain tract of land, lying in Rowan and Swry counties, containing fix hundred and forty acres, to wit, Orte tract of land on Abbot' s creek, beginning at a hickory ftanding on the line of a furvey late the proper-)' of l'/illi am Buje, .nwd running north along his line in A\ one hundred and tw« chains to-a ft ike in the line of another furvey of the laid Bufe, then weft along faid line, crpTing faid creek and a fork of the fame, lkty t»vo and three- fourth chains to a black-oak and white-oak faplins, then fouth one hundred and two chains to a black-oak (aplin, then eaft ctofiing laid creek fixty-l wo and three-fourth chains to the beginning, containing fix hundred and forty acres : and whereat liie faid property was held as confifcated to the (tate by the commiffioriers of contifcited- property for the diftritt of Sahfbt.ry ; yet as the fame was conveyed previous to any confifcation law of Jthis ftato, bona fide, by the faid l'/iUia>n Yield and Lydia his wife, to their children Jeremiah and Robert, I. Bs it enuiled, bv the General Affembiy of the State of North-Carolina, and it is hereby enabled by the authority of the fame, that the (vA Jeremiah and Robert Field are hereby inverted widi an indefeafibie title and intereft in the proper- ty above Uelcribed., to thsm, their heirs and ailigns forever ; any h,v heretofore to. the contrary iiotwithftanding. *2f Chap. XXXVIII. An cil to tar d ,n John Bracfley, ifthetovm «/"\Vi!mington. W HER AS 7»i» Bradley, of the town of Wilmington, in the county of New- Hanover, fonie time in the yffir of" our lord one thoufand feven hundred and eighty (even, obtained a pardon from the Governor of this ftate i a confrquence of application to him n ade, and of the recommendation of the General AlTembly in behalf of the laid John Bradley, then accufed for the killing of Samuel Sstariti : which pardon, on being duly pleaded to an indictment for the laid fuppofed oft'ence, in the fuperior court of lav tor Wilmington diflridt, was not allowed by a m.iionty of rite Judges of the laid court ; and the fsid John Bradley in his petition to this General AfTembly having fet forth fueu cir- cumllances as upon due enquiry and full confideratton of the fame, it appear* the laid John Bradley ou^ht to be par- doned* 1. Be it therefore enabled bx the General trembly of the ft ate o/North-Caro'ina, and it is hereby enaclcd by the autht. rity of the fame, that the laid John Bradley is fully, freely and abfolutely pardoned, acquitted and discharged of and from any profecution for murder, manfhughter or other fpecies of homicide of whatever nature in law or conftruc- t ion thereof, done or committed by' the laid 'John Bradley in'the .killing of the laid Samuel Swar.n, with winch he now is or hereafter may be charged in any of the courts of this fhite- Chap. XLII. An aft to eftablijb the lines of a certain trail of land granted unto Charles Gerrard. WHERE AS it appears to the fa cisf action of this General Aifembly, that. James Saniersi deputy, fuiveyor of the military lands of this ftate, did return a plat of furvey of a i raft of land for Charles Gerrard, El qui re, for two thoufand five hundred and fixty acres, fituate in the county of Davidfn, for which plat a grant hath ifluerJ to the laid Charles Gerrard, notwitbltar.ding.the faid lurvey was not made to rue cardinal points agreeable to Jaw, by which means the laid Charles Gerrard may be in a future day difturbed in his title of the faid land : and whereas'the entry of the faid Charles Gerrard is one ef the old;ft date in the laid county of DavidJon, and that it is not juft he Ihould differ on account of any millake or error irtthe deputy furveyor ; I. Bs it therefore tna&edby the General Jffimhly of the State of North-Carolina, and it is hereby enabled by the an. ihority of the. fame, that the boundary lines of a military grant of this ftate numbered number thirty-two, figned by his Excellency Richard Cafzoelli^Kiqwre, then Governor of this ftate, the fourteenth dav of March one thonTand (e- yen hundred and eighty -lis, , given and granted unto Charles Gerrard, a Lieutenant in the North. Carolina line t»v© thouland five hundred andliiuy acres oi land lying in the county of David/on, on the louth fide of Cumberland river including the mouth of Yellow creel;, beginning at a white-oak on the river bank, thirty-four poles above tne mouth of teltov) creek, then down the river to a hackberry and boxelder, thence louth ihirty-five degrees euft four hundred and fixty poles acrofs the creek ro an elm, thence north fifty five eau eight hundred and eighty fix poles to a white- oak, thence north thirty five weft three hundred' and eighty-two poles to the beginning, be and are hereby declared to be the t fhbliihcV. boundary lines of the faid Charles Gerrard's aforefaid tract of two thoufand five hundred and fixty acres ; any law, uiage or cufrom to the contrary notwithftanding. Provided, that nothing in this ad contained (hall be conftrued to injure the right of any individual 10 the laid land. CnAP. t XLlV. An ad toautqcrj/ejwfies Bdlirgfby to execute a deed or deeds of anvtyance, agreeable to a power of at- iorney andthela(t xuill ant teliament of U lhiam Rea, lute 0/ Guilford county, deccafed. WHEREAS Wihiam Rea, late o: Guilford county, decealed, did in his lifttime execute a power of attorney, bear, ing date tbe third day of Ftbr U a», .-.7ci c:k be .: inning at a fbke in a bi !:n:n above the Bolplacc, thente alorig lid Simpfon's own and Ha/el's line including the Soiplace, thence along his own /\ line to Roger Davis's tin-: to a Ijghtwood flake in a meadow, ihcn acrofsto the firft ftation, including .-i : Mu rdred aires of land, being part cf a tract of p a:d patented by Ifilliutn Simp/on, and by him conveyed to thebefqre mentiorie\i Benjamin Williams tor a valuable cehfi- deration, on the fifteenth cf September, one thoufand feven* hundred and iiventy live. i. Beiten , -d by th General ' Afjfemhly *fthe_ fiat e of Mirth Carolina, and it is hereby enaStd bv-ihe -authority of-the fame, that ihe piece or parcel of land herein Before defcribed, wi'h the appurtenance^ be and the fame is hereby led to and vefted in the faid Benjamin Williams, his htirs andaifigris forever. • And whereas it appe rs ron thi p a:i of the Purvey of a piec«oi land granted unto James Clafgow, Efqnire, that the lurveyor through milrake hath inferred in the certificate 1 one cburf? more than is laid down in the plan, wheicby part 01 the land entered and intended to be granted is left oyt of the grant. 1I - r ' ; ' '/""'•' " /by the authority afo-efaid, that froi-i a:H after th» pil'l",- of this a^ the courici of the aforB&td tract ai Jatnd (hall be-asfoltows, towir, begtnnWg at two elras and a i" ■ t the h ak, of the river, running ihenre.nc th 1 1 ealt fix nndred a to 11 n JJ font's, come fo thence orth lixty eight degrees weft five hundred anil (Uty pules, thence fouth one hu idt 1 and • ;"■ : -- J -' "fi ! - : I '■ •' 'g the faid James White, in his lifetime. II. Aid be it a'.Jo c idled, that the laid William Biaty fljall advenife Iritbe TeyetjleyiUe, Gazette, the time and place to be appointed n;r the fale of the lands aforefaid, two months before fuch falc ; and the fame ihall be fold on i x months credit, the purchaser giving bond with fuificlent iecunty to the laid B.aty, for payment of the purchafe money. III. Ar.dbe it farther enacled, that the laid William Beaty (hall apply the money ariling from the fale of the lands aforefa/d, to the payment of the debts of the faid deceai^d : and the lands aforementioned, and the monies whicil (I .1 ;.ri:e from tlie fa'e of the lame, (hall not be liable to dower of the widow of the laid deceafed, any law to ths tontrai y notwithstanding. Chap. LI. An ail to veft certain lands therein mentioned in the monthly meeting of the people called quak:rt, e/~Ne>v-Gar« den, in Guilford county. W'HEREAS it appe.rs to this General AlT.-r.-ibly, that a certain Richai d Wi'diams. 01 the nineteenth cf O&ober, one thoufand (even hundred and fifty- feVen, did convey a certain tract cf land fituated in iXe-aiCar dti, in Guilford county, to Henrv Ballenger, and Thomas Kurd, and their fuccellbrs, in truft for the ule and benefit of the monthly meeting ol the people cailed quakers, in i\\evj Garden in faid county ; and the laid Henry .' - r.aud >. mas Hunt being tie.d, and thei e being no 1 net tllirs cr mean'- of appointing futh provided in, the laid deed it other- wife : for lemtdy whereof, I. Bi it enafitd, bp the General Offend ■■', of re ~t, te of N'orth-Carolina, and it is hereby er.acledh; the a ' ity f h; fine, mat the faid tract and parcel of land conveyed by deed, bearing date; ifbre i I, by tnela I a is to ihe faid//t»n Ea.llenger and 7hoi a Hunt, containing fi ty- three acres, and fituate in A/w Gard , in f county r : d bounded as follows, to w:t, n at a hickory lapHn, tunning (hence wed ■ tea winLeei .: ■ .it. thence ii i ut poft, therce eaft twenty-] de to a whii i '. polt, ice fouih fi to a wfajte Oak poft, tlei i poks i . . ! ice m . - twenty | er< . . mteting of. the | I led tii- ity of Guil/ohd, fc-i nd purpole^ I in the i ■ as Hunt • aiii called dy politic and corpora liles j .... ' Ltpu i ] lue ami be fiied| plead and be . ; , aded, in an) , o urtel l.i v. cr equi y ii thij - *1* Chap. LII An n& for creeling and eflvblWnng a town at Hawkins cturt-houfc. ' WHEREAS Jofeph Refers and James Higan have lig.i.iieJ to this General AiTenib!,, that they are deilrons a town frnu'id be eftablifhed at Hawki*s courthoufe, on the lands belonging to them at that place ; and it isre« prefented further, chat there are a number of lots already laid off and improved, thu the (ltuation is healthy and convenient, being on the great road from the eaffward that l;ad$ to Kentucky and Cumberland fettlem-ms, an i that many of the inhabitants ol Hawkins have lolicited the proprietors of the faid land to hive thirty acres thereof laid out into lois and eltabli Ihed as a town. I. Be it therefore enacledby the General Affembly of the flat; of North-Carolina, and it is hereby enacted by the au- thority of the fame, that Thomas King, Thomas Hutchins, jofeph M'Cullocb, Thomas Jjckfoz, and Elijah Chiffom, be and they are hereby appointed commiffioners and truftees for designing, building, and carrying on a iowii at Haw* kins court houle, by the name of Roger/ville ; and they, or a majority of them, are hereby ejnpmvered and requir- ed to lay off thirty acres «f land, including the public building at the laid court-houfe, in half acre lots, with conve- nient ftreets and alleys ; that they caufe a plan of the faid town to be made, and each lot to be particularly number- ed, and that they, or a majority of them, caufe the faid thirty acres of land fo laid oif, to be conveyed to them joint- ly, as truftees for the laid town. II. And be it further enailed, that the faid truftees aforefaid, fhall referve two or more lots, where the public buildings now ftand, to be and remain public lots for the ufe of the county of Hawkins. III. And be it further enailrd, that the truftees aforefaid, or a majority of them, fhall make good and lawful titles in fee fimple, of all other lots in the faid town of Roger/ville, except the public lots herc'm reierved, to the refpect- ive purchafers of the fame, delcribing each lot by the number thereof, and the ftreet on which it lies. IV. And be it further enailed, that in cafe of the death, refufal to act, or removal out of the county or ftate, ofa- ny of the truftees named in this ail, the furvivors of them are hereby empowered and required to appoint, from time to time, by inttrument of writing, from, under their hands and feals, fome other perfon or perfons in place of him or thein fo dying, removing, or refufing to ail, which laid' inftrument (hall be recorded in the court of the county of Hawkins, and the truftee or truftees fo appointed, ftulj have the fame power and authority a? il hi.n or they had been expreilly named and appointed in thisaito Chap. LIII. An a el for cutting a canal from Juniper bay to Mattamufkeet Inks, in Hyde county, WHEREAS it is represented to this Genera! AfTembly that the cutting a canal from Junip;r bay to the faid lake would drain a valt quantity of land, and would be prod ictive of other falutary effects ; and the people living near faid lake being defirous that a legiflative finction might be obtained for the opening laid canal : \.Be it therefore enabled by the General Affembly of the State o/"North Carolina, andit it hereby enacled by the autho- rity of the fai/jf, that /Michael Peters, John Eborne, James Watfon, Andrew Saunders, -Seth Hovev, Benjamin Ruffed, jfokn A!d:rfon, William Harris, junior, and John Jtrdan, be and they are hereby declared commiffioners, for the pur- pole of taking and receiving voluntary fub(cr;ptions, and for fuing for and recovering all luhfcriptions fo made ; and they or a majority of them Ilia LI and may contract with any perfon or perfons, at thetr difcretion, to cut and open the afcrefsid canal the molt direit and advantageous way from Juniper bay to the lake aforefaid. Provided, that it finll not be lawful for the laid commiffioners to cut, or caufe the faid canal to be cut through any perfons land without their confent. Chap. LIV. An acl fir e.ftablifhing two places/or holding general muflers in the counties of Wilkes, Burke and Ruther- ford, and the place of holding courts martial ; and for altering the manner of holding eleHions of members to reprefent faid counties in the General Affembly. WHEREAS it is very inconvenient for the inhabitants of the county of Wilkes who live on the weft fide of the ApalachUtn mountain to attend general mutters and elections at the court-houfe in laid county: for remedy whereof, I. Be it enated by the General Affembly of the Hate o/~North-Carclina, and it is hereiy enacted by the authority 'f the fane, that after the pi fling of this ait, when the commanding officer of the militia in the county of IV 'diet fhall order a general mufter of hi6 regiment, it iliafl lie in the following manner, to wit, that all the militia in faid county living weft of the Apalachian mountain, Ihall be ordered to meet at the plantation next -above Co!. Charles C 'jrde-rs, tin Na- ktd creek ot New-River, where it fhall be the duty of the lieutenant-colonel of L < to attei ' and difcipline themili'ia aforefaid according t6law, eycept a majority of the field officers in fai i r mtyappoint fome other of (he field officers to artend faid mutter in the Head of" the lieutenant colonel : in which c\\z it ihall be the duty of the field, officer or field officers fo Rjp tin .'J by '.he majority as aforefaid to ittei/ci faid mufter, an I difcipline the militia as afore- laid ; which mutter ihall he the day preceding the day of the general mufter of the inhabitants of the faid county li- ving on the eaft fide of the Apalachian mountain ; which mufter laft mentiond Hull be field at the court-houfe as the law (tireiis. If. And be il further enacled. by the authority aforefaid, that a regimental c-inrt martial fliall be held as the law di- rects at the court-houfe in Wilkes county, on ih« next day after each gener: I mufter hereby direiled to be hrld •>• '" ■ "aid court-houfe ; which court martial fhali have as full and ample power and authority over the whole regime 21 •* if this ael fo- dwidtifg faid mtifter had never hern pnlTed ; any law or cuftom to the contra}' riotwithftandjng. IU. And be it furtbei en.lHed, by the authority afore/Sid, that after the pacing of this a&j trie annual election for iaidcouivy- be' Kill! in trie' following manner, to wit, the election (hail begin at the plantation on Naked creek above mentioned, on the feeond f n /day in Auvuft in every year, at ten o'clock in the morning, and lhall continue u: til fnnfec of the fame day in manner as by la>v directed, then the'iheriffaud mlpectors {hall leal up the ballot boxes, and lhall proceed with the boxej and Several hits of votersby them r .iken to Wilkes court houle ; and on Saturday next after ti.e faid Thur/diy, the polls lhall be there opened and the feals takenoff the ballot box-s at eight o'clock in ths morning, and the liienif and infpe&ors ihall then proceed to conduct the remainder of laid election in a fair and open manner as heretofore by law directed. IV. -ml be it further enaSted b the authority aforefaid, M:;>t in cafe of a fpeciai writ of election hTutngby order of a- ny t'u'ure General Afle'mbly, to electa member or members to r^prefent laid county in the General Aflembly, luch e- lection ihall be held in the manner by this act directed, that is t'.t lay, laid elefl oh (hall be begun and held the firft day at the p'a itauon on A'rtWcreck aforefaid, and on tne third and laic day at the court notile in faid rounty, having an intervening day lor the purpofe of conveying the ballet boxes from the plantation oh Naked creek aforefaid to Wilkes courr-hcuie as before directed by this aft; any iavr to the contrary notwithstanding. V. And.be it enabled, by the authority atorefaid, that the jheriffof /aid cour.tv is hereby directed and required to advertise all elections hereafter to Le held at the feveral places directed by this act for holding faid elections, agreea- ble r<> the law in that cafe made and provided. VI. And be it further endded by the authority aforefuid, that all the inhabitants on the welt fide nf the Apalach'-an mountain, that is within the con ,ty of Rutherford, lhail heve full power and authority to hold all future elections on the feeond '.,' inefddy and Friday oiJuguJl, at the plantation where William bttrnej formerly lived, on Cain creek: eleftio is and general mailers to be under the lame regulations forrhe cou:!.y cf Rutherford, as is provided by mis act forth.- wefteiii inhabitants of the county cf Wilkes ; any law, ufageor eultorn to the contrary notwithstanding, VII. 'Ar.i'he 'it further enaSied, by the authority afiretaid, that captain Smith's company and tiie Ivey and Cain river company, being inhabitants of J&trHe, may-field their annual genera; multers at Beefte's mill, and they (hall held their election for members ot Aflembly aj the find mill under the direction of the (heriffof Burke, or one of his deputi- es ; which laid election lhall be held on the Wedhefday preceding the feeond Thurfday in AuguCt umil fun-down, at which time she fhefiiF attending the lame lhall count out the tickets in prefencc of three freeholders who infpected tiie poll, and lhall make out the hit of the ca:idi.iares balloted for, and let down the number of votes for each candi- date in words it uli 1 :ngth, which lift (hall be figned by the infpecTfcors of t:ie po!! ; then tiie (aid Sheriff (hall proceed to the coui t-houle of Burke, and on the third Frii'ay of Auguft del : ver in the lilt aforefaid, to the fheriff, in pre fence of the inlpeftors who hiperintend at the court home, and alfo a lift of the voters; and no perfon rending in the companies ator.la.d (hall be allowed to voteai any other place for members, but at faid Beefle's mill. Chap. I.V. An a3 to empower •■■the county court of 'Pitt til > lay a tax annually ) for the purpofe of bunding a court u-nfe, prifon, andfiqeks, and for keeping the fame in repair . I. "O" '' en Hzd by the General " '■ ly of the Uale cf North- Carolina, and it u hereby enaeledby the authority of the 13 fame, rhat the cosnfy court of Pitt is hereby aurhorifed and empowered to lay a tax annually for the purpofe of buiMing a court hrufe, prifon, and (locks, and for keeping the fame in repair, not exceeding rhe ium cf eight penes on every hundred acres ol land in faid county, and a poll tax not exceeding two (hillings like money on every taxabie perlon, and a tax of two Ihillirfgs on every hundred pounds value of town property in laid county, which (aid tax ihall be collected and accounted for in rhe fame manner, at the lame time, and by the fine perfons who. are appointed to collet! the public taxes in faid county, and be pa d into the hand; of the eommiffijners hereafter named lor building the court home, prifon, and flocks ; and that in cal'eof refulal or neglect topay the laid money into tl el and* of the conimiluoriers hereafter named, the perlon fo neglecting or refufing, (hall be liable ro the fame penalties, and tne lame m.xle of recovery lhall or may he had againft him or tbern, as by law lhall or may be had againft Iheriff* Tvho neglect or refule to account for and pay public taxes. 11. And be it further- endcied by the authority afore faid, that fames Armjlrong, SSadrick Allen, fohn Moye, Artlur Forbes, Samuel Simpfon, Benjamin Bell, and William Blount, be, and hereby are appointed commiflioners tp receive, afk for, fne and recover the laid tax from the fherhf of the laid county, and to appropriate the Lame to the building a court boufe, pril in, and (locks, and to difpnfeof the old ccurt-houfe and prifon for the molt obtainable, as foon a" may be aitsr the new ones are completed ; and it fliall be a part of the duty of the faid commiflioners lo lay albte of their accounts half yearly before the cflnrt of Pitt, 3iid finally, after the buildings are completed, to fettle with the ccurt. deducting an adequate con mifiion for their trouble. And in cafe of the death, remcval, or refulal ro act, of either of the belorc named commiflioners, then it (hall be lawful for the faid county cour: of Pitt to appoint other commiflioners in tneir ftead, who lhall hare equal powers with thole Hamed in this -a, and be fubject to the fame duties, pains and penalties. . N 3 2 34 C.^aP. LXIII. An aft for rkerelfc} of Tin ; pc'rfmj who may Se wounded by the Indians loHkin ihi dijlnfi of Mero, and jorothir pitipo/es. TT7HLREAS it hath been reprefehred :o the General Alle'robiy, that feveral perform within the diftricl of Mcro be- V> jng wounded by the Indians, hacllt not in tbeirpoWer tO'emj.lcy phyficiaii', (urgeonsj nu.-fr, or to pi o vide themfelves \vit?\ the nccffT-ny met) cines and attendance, by which means their lives have been much endangered : a; d whereas it is probable thai feveral ptrions under the fa:d tircumiiariccs hare died for want oi proper c4re : tor remedy whereof, I. B: it therefore enafifd by the General A (femblj oftksffatt of North.Ciroliria, aril it is hereby tndftedby the eu. thurify of the fame, that from and after the palling of this act, the county courts of Dav]djl», Sumner ,nJ 'f-enneffi: fhall be and they are hereby empowered andauthorifed, whenever it nny appear to their faii faction that the potion wounded by the Indians ib not aole to defray she e;:pences of his treatment and cure, to pals the accounts ofpl yiictiamt, furgeons »nd iiurfer, and tho'e for the necelnry medicines, protifions and attendance, the fame bsing property, a^ tefted and proven on oath ; which accounts thus paflTetl by the faid courts (hall be received in payment of all public taxes by the collectors, fherifii or other efficersjn faid tlidrict ; any law or cuilom to the contr.n-y notwithstanding. An.d be it farther erased, that the faid commiflior.eTS, at fach place as the wardens ftn'l direct, ihall pur- chafe two acres of ground whtrecn to end the faid buildings •, which (hall be paid for out of ths tax herein be* fore laid to defray the eipence of build h g the faid hi ufes. IV. Aniheit further enafled, that if in ca'e of death or tefufa! toaft, ths county courts refpectively fball pro. ceed to appoint other commifiioners, and they or a majority of them, may proceed agtecably to the intent and meaning of this aC~t to can y the fonts into elfocl. Chap. V. An ccl r'BEREA! . An acl io hep rpen Rcckfilh creek, in Cumbet land county, from its mouth to the forks thereof. WHERE \o it is made a; pear to this ( t eral Affirmbly, th2t by optning of Roekffh creek as for up ti e fame as the forks thereof, by eitcung hits or foch other cotivei unce at or over the dairs already acres the faid creek, or fuch as may be hereafter built 011 the fame, would tend much to ths benefit and advantage of thole hav- ing property on the faid creek : wherefcre, i. B : it entrSsd ly ths durkl Ajjm.bly if th fate of North. Carolina, arid it is hereby cat ftcd by the authority if i$5 the fart' tint- evrt" perfors ftr pcrf -ns who hith or V>v : bu or "r;- 1 ". i arty mil! dm, ov who n^y hereafter build] et caufe obc hurt any dam or damj on or acrnTs i ie fair! ? S :re k, between be mouth oT the faid creek and the fo,k thereof, fhrl bu''d. or cauie to be built and ere^Ie T, I o i < . ■■•. . h lam or dams a pioper flln or other convenience, fo as to admit th:-: fafe paffige of faw.-mlll iu i- ", ton timber, ilavss, fhin rt les or fucii other produce as is generally rafted ov; r flips on . iftle rivci in Cumbi i / » ' county. II. Be it fwthen enacled, by the authority aforefaid, tha ever perfon or .ierf mis refuiin g or neglecting to c>m- p'y with this aft, (hall fo. f it and pay to ;i y pei fon or pcrfons who nay be i ju ed ir receive damage iy cafon of i'uch neglcdl or refufil, all damage fultained by the perfon or p:rfo ,s owning fuch !um >er, ton timbrr, lta.es or fli:ngles from the perfon or perfons owning mch dam or dams, upon the perton or perfons a ho .nay receive fuph damage or injury, p^cdufing fufficient proof of- fuch lumber, ton timber, ftaves or fhingles b ing properly rafted, and of the damage fiaftained for want of fuch flip or other convenience, to be recovered with coils before any jur f. diction having cognizance thereof. Provided neverthelffs, that no fuch owner or OA'.turs ol dams Shall be obliged to make fuch flip or other convenience until the firltd.iy of September nest. Chap. XXVII. Ana8 for buildinq a couit hv.fe in the town of Iiiilfborough, for the dii'tricl .-/Hi! (borough. WHERE \S the court houfe in the town of HHlfboroubi in the-colmty of Orange, has been lately conftfrned by fire, which has cauf.-d the cour s ol faid county, as veil as the fuperi r courts, to b_- held in a private ho'jfe by which means the bufinefs of the faid courts is greatly delayed : .for remedy w '..ereof, I. Be it enacltd by the General Affemhly of the Hate ^"North-Carolina, and it xfhireby en. 3 '4 bv the authority of the fame, that William Walters, Abfahm Tatoan and Jedut baa Harper, Enquires, be ami they are hereby appointed com- miflioners, for the purpofe of building ^ud erecting a good and fulhcient court house on the fame lot where tha former one ftood, the dimensions of which to be at the d'fqretioh of the faid commifli nsr-. \ and the faid ccmmlfi- oners, or a majority of them, are here y veiled with fu'J power and authority to fell and difpofc of the br ck and re- mains of the former court hou'e in the faid townof Hvifbirougk, and alfo to call for, demand and receive, of all and every perfon or perfons fufpected of having any of the remains of faid court houfe in his, her or their poircilion. II. III. Obfelete. IV. Andprovided ahvayr, that thecornmifHonerss appointed in virtue of this act (hall raife and keep feparnte ac- counts with the fheriffs of < ach and every county within the diO.rid aforei'aid for ihe monies by this act to be collect- ed, and when they thai: h.ive ful ypaid up what the laiJ district court houfe may coft, fliall return the overplus of any monies that may then remain in their hands to the refp<3ive <.o-j ties at are hereby taxed for the railing the fame, and to the inhabitants of.the town o£ Hilijbtrough, in proportion to the funis by the aforefaid counties and town of fdillfborougk So paid for .the purpote aforefaid ; and upon failure to p y and fatisfy fuch furp us, the fame fhaii be recovered by morion in any conn ol record, as again ft Sheriffs and other- holding public m -n cs- V. And be it further .ena fled, by the. authority > afot ■■ .■' I n beiorethe fai4 commissioners Shall enter upon their faid truit, or take i to their hands any of the monies a orefaid, they fcrinio bon i in the furn of three t i u. fand pounds, payable to-fnc Gotmpucu:. £or tire time being, epndi:ioned that thsy will faithfully difcharge the triJft in them repofed by this act. VI. Ami be it further, tna&ed, by u e authority aforefaid, that the coram (fionrrs by .this act appointed, (li II w thin thirty days afterthe palling the fame, advertife in one or more of t c moil ublic places in (he diftriet, snd alio in the Fayettev'tlle gazette, t at they vvdl let tnc laid buildings to the lowed, bidder, at the m irkei hbilfe ot the town of Hilljbsrough, on the day of Chap. XXlX. A>: oB to regulate an J fix the price fir in/pefting and Bering tobaeco at Fayetfevile. \T7HEREAS the laws now in force in this Mate, regulating the fees of infpe£t,ors, coopers, pic?;ers and turners » Y up of tobacco, have been found from experience not fufticient to prevent Irauds and impodtions : to present which, hoy!:. cad ol tobucCQ the fumof ten fhihiugs, and no more. II. '!>•} be it futfher enafitd by the authority aforefaid, that the infpectors orpi.-.kers of to'iaccoat the fj'd feveral ware houfes, fhall be entitled to and receive for picking toD a ceo, one fifteenth, of all parcels of tobaccco fo picked by (hem. thereof, by and for the ufeoi any perfon filing for the fame. ^' IV. /ind be it further enaStd by the authority ajorejaid, that the infpedors of tobacco at the federal ware hordes (lull pater into bond with iufficient fecurity in the penalty of fifty pounds, at next Cumberland court, payable to the county of Cumberland, for the faithful performance of the duties enjoined by this act respecting the turning up, coop- ering and prizing of tobacco. Provided ahoa-jt, that the owner or owners of tobacco who m3y leave the fame at any of the laid ware houfes for inTpect on, (bail have the liberty T>f turning. up, prizing and coopering the fame under the directions of the infpeSors, which infpedors in all fhch cal'es ihall be only entitled to receive lour (hillings as ufu« al for the inspecting each hoglhead of tobacco and ifliiing a note for the (an)e. V. Andbe it further, untied by the authority aforefaid, that the owners of the feveral tobacco ware houfes at F/svttte. •mile, who are entitied to ftorage for tobacco Itored thereia, ihall deliver the fame to the owner of inch tobacco fo Uored, at the dcor of the Wire houfe, on application of the owntr or (hipper of fuch tobacco. VJ. A-.d he it furthu- enafledfo the authority of ww faid, chat in future the infpcclors of tobacco in this (lite fliall be allowed twenty (hillings for infpefting, prizing, finding nails and coopering each hogihead of transfer tobacco, fo as to make the feme the weight of a crop hogiheadand fit i Ihall itand feized of sn indefeaflble eftate in fee iituple in the tweniy. three acres of land as aforelaid to and for. the ufes, iatents and purpoies hereby declared ; and the faid commiflioners, or a majority of then!, Ihall have full power and authority to meet as often as they ihall think proper to make luch regulations at they (hall judge molt con- venient. ill. Ar.d be it enacled, that a majority of the commiflioners aforefaid, (hall have full power to fell and difoofe of the lots in faid town, make and execute deeds in lee limple to the refpedive purchafer «r purchaferi for the lame. IV. And be it enacled, that the refpedive purchafers of lots Ihall pay and (atisfy the commiflioners for whatever fum or fums they may feveraily incur by pure-haling lots from the faid commitTtoners, and in cafe of negleft of any purchafer to pay the fum or fums that may. be incurred as aforefaid, that then aaid in that caie the commiflioners, or a majority of them, may ccmn.encc a fuitor fuits in their own name, and therein recover judgment ; and the faid connniiiior-ers, as foon as they ihall receive the money by the iales as aforefaid, ihall pay the lame into 'the fcands «f the commilTioners for letting the public buildings in (aid county, and be applied towards defraying rhe expence of ths buildings afcrelaid. Provided ntverthelefs, before the faid commiliioners receive the money aforefaid, they lhail en- ter into bond with good fecurity in the fum of live hundred pounds for their faithful application of the monies fo re- ceived by them. IV. Ar.d be it further enacted, that in cafe of the death, refufal to act, or removal out cf the county of any of the commilfiouers, the court < f the county are hereby empowered to appoint fome other perfon being a freeholder, in the place ct himfo dying, refuting to aft, or removing ; which commiifieners or trultees ihall have the lame power and authority as it they had been appointed by this ad. . Cha». XXXI. Anaclfor building a court l.tufe in the town of Wilmington, j;r the diflritl of Wilmington, and to em. ptwer the Jiflices oj New- Hanover ctunty to encreafe the county tax. WH EH EAS the court houfe of faid diftrid was pulled down by the.commiffioners-of7^/7m*Wfo», to prevent the (aid town from being deflroyed by fire, and it is neceiTary that a new one (hould be creded.' !. Be it therefore enacled by the General Affemhly of the State of North-Carolina, audit is hereby enaBcd by the out '•> rityofihejame, that William Campbell, James Walker, Robert Nixon, Thomas Owens, Duncan Stewart William Efty Ion! George Weafe, James GMe/ple, Shadrach Stallings, Robert W. Snead, and John Spicer, Efquires be appointed commiihonersfcr building and finifh'ag a good diffident diftricl coon houfe in the faid town ; and the (aid commitliou- ers are required to have the lame built of brick and covered with (late or tile, of the famedimeafions and on the fame fpot as the iormer court houle flood, or fo near thereto as an oval form may admit ; aid the commillioner? are further required ro build the faid court houle of an oval elliptical form on arches of a height Iufficient to admit of a convenient walk underneath, which fpace (hall be appropriated (or no other ufe or purpol'e whatever • and Ihould any perfon ottend agamlt this ad by expofing to fale therein any fill,, flefn or other article ufually carried to market for 0-- pen lale, he or ihe Ihall torieit and pay for each offtr.ee five pounds, to be recovered before any junldidion having co^n.iancs ibereoTj for the ufe of tie perfon informing and fining ib r Uie fame. 9 3 2^ II. And be it further enacled, that the cornmilTtoners before mentioned fl.a'l hav m;ft« Jy required, as loan as may be, to call to account the tomiiuffiorxrs formerly app ii . .. . . : b'y for trie purpofe of building a gaol for the. faid diftricl, for ^11 monies- materials tor buiidi :, - : -- d eyre- main or of right ought lobe in their hands ; and in. cafe the laid gaol com i r neglect to pay up [he money, and deliver the faid materials and articles above mentioned, nmiliioners herein appointed, a. id they :ir. Wheat ly : ami « fee^eas it appears that the (aid Ben* jaminWhmtiy is the reputed father of the (aid Henry, Mary, Lyaia and Benjamin Nobles, and having no lawful ifltic is delirous of leaving to them the property he pofieffes : I. Be it therefore eroded by the General Affembly of the Hate of North-Carolina, and it is hereby enabled by the author rity if the fume, that henceforward and forever hereafter, the faid Henry, Mary, Lydia and Benjamin Nobles, fhall be known and diftinguifhed by the names of He.fri Wheatly, Mary Wheatly, lydia IVheatly and Benjamin Wheatly, and i>y thofe names fhall have right to inherit and claim anv eiiate, either ixal or perfb.ial, which may be deviled to them? or either of them by the faid petitioner, Benjamin Wheatly, in usl'iail and ample marner as. if they the faid Henry, Ma- ry, Lydia and Benjamin had been born in wedlock, and bad been from tiietime of their births coulklered as the legiti- mate children ol tne laid Benjamin Whemtlty and Elizabeth Nobles ; and lhall forever be placed in the fame lituation, and be conlidered to all intents and purpofes in the fame point of view, as though they legally defended from the faid Benjamin Wheattey and Elizabeth Nobles, and had been bcrn in wedlock as aforefaid. Chap. XXXVIII. An act airecting the entry taker of 'Rutherford aunty to deliver certain warrants therein mentioned. to the furveyoroffaid county. WHEREAS ithathbeen made appear to the latisfjdt ion of this General AfTenibly, that David Miller, entry-ta^er ot Rutherford county, was directed by a refolve of the lalt General Affembly to iffue n«w wan ants in place of numbers that had bees defaced by the lurveyor ot faid county, and hid Miller refilling to comply with faid refolui ion is much to the injury of a number of the inhabitants of laid county : lor remedy whereof, I. Be it enacted by the General \ Affembly of the fate of North- Carolina, and it is hereby er.m-trd by the authority of the fame, that David Miller, entry-taker of Rutherford county, fhall before tiie firlt day of March next deliver to the lur- veyor of laid county, a new warrant in place of each warrant which lias been or may be returned defaced by the fur- vcyor of laid county, or by the fecretary of ftate, previous to the fiiit day of March next, under the penalty of fifty pounds for neglect or refufal on each warrant, to be recovered Ueiore any jurrniction having cognizance thereof, ono half to be applied to the benefit of the poor of the county, and the other to the ule of the itate, and lhall further be li- ab!« to a ipecial action on the cafe for whatsoever damages any perlbn may fuftain by neglect or relulal to comply with this adh Provided neverthelefs , that a demand be made upon faid entry-taker for a renewal of iuch defaced, warrants previous to the time fpecified in the above act. V. And be it further ennclerf, that the entry-taker aforefaid (lull be entitled to demand and jeceive from the lur- veyor the fum oi two fhillings for every warrant ifiuedin conlequence of this ad, any thing to the contrary not-with. ftandirg. Chap. XXXIX. An ail to authtrife the ctmmiffioners of the town of Edenron, to grant doctor Samuel Dickinfon a c er- tmin water lot m the faid t-jwn. WHEREAS it is represented to this General Allembly that doctor Samuel Dickinfon, of the town of Edenton, is delirous of compleating a wharf in the faid town for the public benefit alone .- I. Be it therefore enaeled by the General Affembly oi the State of North-Carolina, audit is hereby enaiTed by the au. ihirity cf the fame, that the commiflioners of the town ot Edenton to grant unto the laid Samuel Dickinfon, and his heirs and afligns, forever, a deed in fee fimple of part of a certain water lot in the faid town, containing tliree hun- dred and forty feet in length and thirty feet in breadth, lying contiguous and adjacent to the wat»r lot and wharf at piel'ent pollened by the laid Samuel Dickinfon, and bounded by the laid lot and wharf and by the ftreets cammonly known and called by the name of the Market and Water- ftreets, under the fcllowing provifoss and reftrietions : Firlf, that the faid water Jet and wharf thereon to be built by tne faid Samuel Dickinfon, lhall be free to all perlons, and exempt from all wharfage and duty whatever. — Second, that the faid Samuel Dickinfon lhall complete the fame V-itfun the (pace of five years, and thereafter to keep the fameingaod repair, otherwie the grant of die com million. ers to be invalid and of no effect. — And Third, that the faid wharf, when built anj couipleated, fhall b« fubject to th» bye-laws and regulations ot the rorvniifiianers of the faid town. Chap- XL. s.nacl to amend an a£l paffedat Favetteville, in the year tne thoufand feven hundred and eighty eight, enti. tied, an adt to authorise and enable film Cvlfon to return to this itate and exercife the privileges ihereui mention- ed. See the appendix. W' HERE AS it ha', been made appear to this General Affembly, that the laid John Colfon has in obedience to the above recited act taken the oath of allegiance and fidelity to this ftate as by law piel'cribed, of which there is « record in the Clerk's office of the county court of Anfon. I. Be it enueied by the General Affembly of th; fate of North Carolina, and it is hereby enaSted by the authority of Ihefame, that from and after the nailing ot this aft, itihaU and may bs lawful for the laid John Colfon to tut ox be 241 feed, i-nplead and be impleaded, anTwer or be anfwered, in any court of record either in law or equity in thie ftatp, for all and lingular eiiate, either real or perfonal, in any manner whatsoever, in as full, fair, plain and ample a manner, to all intents and purpoles, as if the (aid John Colfon had not withdrawn himlell from the protection of this itate, any law, cullon or ul'age to the contrary notwithstanding ■ Provided, that nothing herein contained fhall be confirmed to invalidate the Giles of any lands or other property, that have been er hereafter may be fold under any of the confifcation laws of this Hate, late the property of the laid John Colfon. C.KMP. XLT. An aS frmokir.g conformable to the plan, the fecond conrfes of a tracl fhall not be conlfrued or pleaded fo as to a2e<£tany right derived otherwife than claiming by or under the laid John Ric hards. Cmai\ XLII. An ad to amend an atl, paffed at Kiil'borough, in April, one thoufand 'feven. hundred and eighty four, entitled, An act to encourage Enoch Sawyer to make a road through, Pafquotank river iwamp eppi fits his plantati- on, p. 139. WliE.lEAS it is required bv the above recited aft that the road or caufeway through Pafquotank river fwamp lhall be at le3tt twenty feer wide, which would add greatly to the expence of making laid road, and is more than would be necefi'ary or uleful : for remedy whereof, I. Be it enadtd by the General Affembly of the flute of North-Carolina, and it is hereby enaclcd by the at/tker'ttv of the fme, that lixtcen feet in breadth, and otherwife aclwering the defcription of the faid act, fhall be deemed and hglcl t good and fufhVent road. lit And be it further enacted, by the authority aforefaid, that when th« faid road fhall be finifhed, the court ef Cam- den county, upon a petition oftha faid Enoch Savjyer, fhall rste the lerriage or ferriages wliich he may be entitled 'ta receive : Provided, that • majority of all rh« Jufticei of the faid county (ball then be prefent. III. And be it further, enaclcd, by the authority aforefaid, that fo much of the aforefaid act. as comes in the purview and meaning of this act, is hereby repealed and made void.. Chap. XLI1I. An cil to eflnblifb the tobacco ware'-houfe now building by Jamee Ritchie and John Window, at Fayette, ville, and to empower the county court to appoint infpeclors to thefume. WHEREAS the encrealed quantity of tobacco now brought to the market of Fayettevilte will render an additional ware houfe of public utility, and whereas James Ritchie and John IV'wflow have in confiderable forwardness one for that purpofe & I. Beit therefore enxcled by the General Affembly cf the flate of North-Carolina, and it is f.ereby cnncledby the autbo. tity rf the fame, that as loon as the faid ware houfe is compleated for the rsception of tobacco, it fhall and may be lawful for the ceunty court of Cumberland, and it is hereby atithorifed and directed to appoint two infractors to the faid ware houfe, fubjeit to the lams regulations, fines and forfeitures, and entitled to the fame privileges ajid emo- luments as inlpectors heretofore appointed. Provided, that the inlpectors to be appointed by virtue of this act Jhall not be the lame as thofe appointed to other ware houfes in faid tow«. II. And he it further enabled, *y the authority aforefaid, that it lhall and may be lawful for the laid James Ritchie and John IVinflrsi to demand and receive the fame fforage on tobacco infpefted in their ware-houfe at has heretofore been*received in the other wara-inufes eftabl'lhed in Faye tteville. . III. And be it further entc7:d, that no preference lhall be given by faid court to any eftablifhed Tare houfe erectec! in FflfftteviiU, any law, ufage or cuftona to tht eontrsry noiwitkftanding. V-3 242 Chap. XL1V. An eft to confirm unto Thomas P^ol Williams, bf Currituck COW} e title to mieefh of land at Bcilvillr, in Currituck county* X T 7 HERE AS Worn as M l Night, lat* of .Cut-ritm k county* did,caovey 'forr eai , ifl to feverai "f ruftees appointed v V by law, two acret of land fituated in faici county, for ;be pur] f of > sc ig i chape! ; and it is made appear to this Genersl Aflcmbly thst the find two acres of lane! are not fufttusted a i • anlwer ihe purpbfe intend* d : and v-lier f as the faid Thomas Pal Wrlllems, of the Arid county, now offers to the trufti fcs appointed by an aft, entiried, ■Anafifor ire prano.'ior. of tSttVfing in the county ef Currituck*, pa Jed at the hit General Afierahly,, to convey two acres of land, for the pnrpofe of erecting ■ chapel and a iemir.ary of learning thereon, in a more commodious and convenient place, in lieu of the tv.o granted by the laid Thomas jW Night ; I. Be it enabled by the Gtncrtl //ffimbly of the fine of North Carolina, mid it is hereby tr.cblei by the authority cf the fame, that the afore f? id two acres of land granted by Thttrmj M'Nighti are hereby veffedin the faid Thomas Pool I'/il- liuins, his heirs and afligns, forever ; any law to the contrary notwilhftandirig -.Provided, that this ait (hall not be in force until the above named, Thomas Pool Williams, bis heir; cr alfigns, fhall make a good and fufficient title for the laid two acres of land to the ti ullees of Currituck academy. "p. 223. Chap. XLV. An acl toveji the jroperty of eertain lots of ' Jasd Jitutfci ik thfiivia of Tarborough, in Edmund Hall and his heirs. WHEREAS it appears to this General Afletnbly juft rml reafcnsblff, tfcat t'-.e proprty of twe lots of land fnuit- ed in the town of Tar&arough, a;: 4 kne.vn anil difiinguifhed in the plan of the faid town by the numbers ninety. five and ninety, eight, fhould veft i» Edmund Hall and his beir*. I. He it therefore enabled b-j the General Affembly of the fiats of Nor tH- Carolina, and it is hereby enatlei by the ait. tbority of the fame, that the property, right and lit!': of and (o the faid tvo loti of and lituated and known as afore- f aid, fhall veil fully, abfo!utc!y and completely in tks laid Edmund Hall, and hi. heirs ; and he is hereby declared to have full power and authority to poflefs, enjoy and difpafe of th^ faid two loss as to him may feem meet coniiftently ■with the laws ot the land, any larv to the contrary notwithirandin ?. Chap. XLVI. An ad to repeal th fifth "ndfixthfetJiinr of tt *„?, faffed r.t Miilfoorou^h, in the year one ikoufand fe. ven bum dred mnd eighty four, entitled, An act to amend and act, entitled, An til for the regulithn of the town of Wilmington, p. 23- & 132. WHEREAS it is represented to this Gener?l Aflembiy, thai tha fr : d fifth and fixth lections of the above recited acl; are inconvenient and injurious to the people for whole advantage they wete intended : I. Be it there/ere enabled by the Central Affembly ot ihe State of North-Carolina, und it is hereby enabled by then, lltrity of the fame, that from and after the palling ot this ad, the laid fifth andfixth lections of the above recited act Lt it-pealed, and ihey accordingly are declared void. Chap. XLVII. An all to efiablifi? two places in the county of Caftfell for the purpofe of holding two general mujters the) ein. WHEREAS from the length of the county of Cc/veell, and the many water courfes therein, it has been found by experience expeniive, inconvenient, and in times of high waters, dangerous to attend general muf. ; ters : . I. Be it therefore enabled by the General Affembly of the date o/North-Carolina, and it is hereby enabled by the autht- rity cfthejame, that from and after the paffingrt this act the county of Ca/well fhall be divided into cliftrids, the eaf. ■icrudiflrid lhall confifr. of the companies belonging to the ddtrids of fcaint Lawrence, Nafij, Saint James ard Saint Luke ; and the weftcrn diftrict fha!l coniift of the companies belonging to the diltrids of Richmond, Gloucefler, Saint David and Cmf*ell ; that the place for holding the genera! muftcr for the eaftern dilirid, lhall he at the houfe of John Payne; that the place for holding the gcner?l muiter for the weftem diflrid, lhall he at the place where the icur . 122. WHEREAS ;... y • >' I |i the above tecited aft, for ex. ei ding tlie navigation of Roanoke] ?ivei 1 ave rcluied and neglected to perform ;he duties required ot them by the ibo ! • ■ I act:: far remedy.' I. Be it 6naS -■ ' ■ \i 1 ty of twenty pounds for e«ch yejr he may neglect or refufe. to keep the faitf* Hope in good order for the pafl'age of filli,, or.* half to the ufe of the informer, and the other half to the ule of. the county. Chap LVI. An ail U veft the title of a piece or parcel »} laid, in Granville c;^i/j», in James Forfyth, and his htiri, tnfeefimple. ' HEREAS it appears to tae fati faflian of this General Allembly, that James Forfyth did purchafe a bond gi- n by Henry EufiaceM'CuHoh to Alexander Jones, bearing date the 28th day of July, one thoufand feten J I 1 t\ r l.^oo r/ii- n .id/. -#-* -, rartnin tv^fk nrran^l rif lanif in Crrimullp rnllniv lfanu/n Kv rVi» Yen by Henry Eultace al ■ LUHO11 to .licxanacr j'jncs, ucmng uaic uic .zeui uay ui juiy, one uiouuuu icifn hundred and fixty-three, for a title ;oa certain tract or parcel of land in Granville county, known by the Hi'.-len'i place, containing t»vo hundred acies, which laid bond was alligned over to Robert Harris, and from, Harris to James C jjb, and" from James ( ajh to James Forfyth ; the faid land is butted and bounded as follows, to w;t, beginning at a take, Wdiace'i corner, thence running welt two hundred and forty poles to a flake in Philip's iim t'lsnue foiith. uvohundred polss to a ftjke in Jwer's ii w f theucs norcti fixty.five degrees eaft two hundred and name of Ho Robert Har *4* feven poles fo a p'ne, Bittern's corner, then nor ih feventy.five degrees raft one hundred and tweftty. three polei to the firft llatioti ; and rhefaijj Alexander Jones did in good faith pay unto the raid Henry Eufiace M'Cu'loh the pur- chafe money rcr the laid land ; and the faid Henry Eufiace ftl'Gulhh having fince the lale withdrawn i:im!Vlt" from this and the United States, and his eilate by kw bath been confi'cated, and hath male no conveyance to the laid A. lix-in er Jones to ve(t the ibid had in him and his h^irs in tee (imple, by which means he has not been able to make good and lawful titles to thole whom he ham fince fold the fame. I. Be it therefore enacted by the General Ajfembly of the Slate of North-Carolina, and It is hereby enabled by the autho- rity oftoejame, that fro n and after the palling tlrs act, the faid two hundred acres ot land is declared to he veiled in fee-fimple in James Forfyth, his heirsand afligfis forever, in as full and ample manner as if the fame had been ie- gaily conveyed by Henry Eufiace M'Culhh to Alexander Jones, and troni Alexander Jones to Robert Harris, and from Robert Harris to James Cajh, and from James Cajli to the (aid Ja.nes Forfyth ; any law, ulage or cuftoin to the con* trary notwithftandinjr. Chap7~Cv.ii. An d& to empoJter'J&theldced Rathn, 'fub.iias JoVamoii, Wtllojghbv Williams and Hymeric Hooker, thffeeafitiei of Benjamin Cafwell, tatefherijf of the county of Dobbs, to colled and account for the taxes due from t,,e inhabitants of the /aid county for the ytar one thoufand Jeyen l.undred and eighty hire. WHEREAS itappears that the taxes due froir, the inhabitants in the county of Dobbs for the year one thoufand feven hundred and eighty-nine, were no: collected by B njamin Cafivett, the lherififthereof, during his eonti* nuance in office, and whereas the laid Benjamin Cafuell, in order to q liet his fecuri«ies and 10 emble them to make the collection alorefaid, after obtaining from them a bond of indemnity, on thefeventn clay ot July, in the year one thoufand I'eve.i hundred and ninety, by aninftruraent of writing under his hand and leal-, did rehnqnifli the right.«f c jllecli.ig the taxes for the faid ye.-.r, and empowered Ins hid lecurities to collect and account for the* fame, « ho pur- Juant thereto hare proceeded to collect in part the faid taxes, and have paid into the rfcblic treafury the greater nait of the money due Ircm the faid Benjamin Cafvielt for the year aforelaid, and aic flill continuing to collect the balance dae : and whereas doyjbts may ar;ie n ith refpsct to the legality of the procedure, and in order to enable the iecuri::^-s finally to collect and fettle the fame : 1. Be it enabled by the General. Affimbly of the State if North Carolina} and it is herebv enccltd ly the authority cfthe jam', thar the fole collediiOBot the taxes due from the inhabitants of the cour.ty of Dobbs for the year ore tnoufand feven hundred and eighty-nine, (hall he and is hereby veiled in the laid Etheldred Rufffn, 7l.om.as ' Branton, Wdlough- . n; and Hymeric Hai.ier, anc th .: they the faid iecurhiesj or a majority of-them, be and are hereby empower, ed as fully, and effectually to collect and account for the faid taxes, and Ion refuTal to 'ne for and recover, and on pay- ment of the money to give dif marges to the reTpective collectors as the faid Benjamin Cafuiefi could or mmbt have done previous to his relibquifhmenr and p vvcr Ss aforefaid ; which: difcharges from the fee uri ties . or- a majority of them and from no other perton, ihall exo tera'ie the collectors, or be available in law if luit lliould be brought by ihe fecu- rities for no:i- pa;ment of the taxes for which they arc liable, any law to the contrary notwithlranding. Ca\P. LV1IL An aft to e la difh ntown at the place fixed upon for the court houfe h (the county of Surry , and 'Jor adding two msre commlffi a rs to tjjof.e heretofore apps n'ed for fixing the public buildings in faid a.ur.ty. W'KEREA S it hath been represented to this General Aflembly that iris' a pleahnt healthy Gtuation, and that Thomas Ayres .nd Mo/es Ayres have maJe a deed in fee fiinple of fifty three acres o{ land to Micajlh Oglefby Edward J2ovell, Charles Smith, Iien>y Spier, and P/illiamTyrrel Lewis, Efqiiires, for the ufe of the faid county : " ' I. Beit enabled by the Gmetal Affembly ofthe fiate o/North-Caroli»a, and it is hereby enabled by the authority of the fa-rte, that the lands fo laid offbe eftabUlaeda to.vn,agreeab!e to the icheme and plan there of, by the name of Rcckjotd. II. And be it further enaSed by the authority afar e faid, that TVilliam Thornton, Stephen Wood John T/.omai Ltnemo Jacob Skcppard, ai.iJ Da-aid Humphries, be and they are hereby conftituted and appointed rouimithoners and trustees for carrying on and regulating the laid town ; and they lhall itand feized of an indtfer.hble eltaie in fee fimple in the laid fifty three acres of land, to and lor the ules, intents and purpolts hereby declared. And the faidco.nmiilioners or a maj >rity of them, (hall have full power and authority to meet as often as they fliall think proper» to make fiich regulati >ns as tfeej fliall judge mod convenient III. And be it enabled by the authority aforef aid, that a majority of the commilTtonersaforefaid mall have full power to fell and difpofe of the lots in the faid town, make and execute deeds in le&.fiinpje to the refpective putchaltror pur. chafers for ths i'jme. L . . ' \V. And be:? further enabled by the authority aforefaid, that refpective purchafers of lots (ball pay and fat'isfy the cornmilTioners for whatever fum or iums they may feverally incur by put chafing lots from the faid commidioners and in ca!e of neglect of anypucchafer to pay the lura orfumsthat may be incurred as aforelaid, that then in that cafe the conimilfioners or a majority of them may commence a f-iit cr fuits in their own names, and therein recover itid^ment. .-. appli money lo received by them. * * V. JadU it further t nailed by the authority afarefaid, that in cafe of the death, refufcl to act, or removal cut of 'he f) o &4& county,, of any of the commlflloners, the court of the county is hereby empowered tc appoint fome other perfon, be- ing a ire.'holder, in the place of him lb dying, refilling to act, or removing as afore 1 aid , which comm.ilioners or truUees lhall have the lame power and authority as if he had been appointed by this act. VI. Beit further enacled by the authority uforefaid, that Williark Choke and Robert Harris; be and they are hereby appointed commiliioners, in addition to tnofe heretotore appointed, ior fixing and carrying into effeft the public build- ings in the county ot t>:my, who (hall have the fame power and authority, andexercife the lame privileges in all re- flects, a? tho'e heretotore appointed by an ail for dividing the county ot Surry. Cuaf. LAjC. .in uPt tu Litei the place of holding the county court o/Hyde county, from VVoodftock to Bell's buy or Jalper's creek, in /aid county, and to erecl a new court houje, pri/in and f lochs. WHEREAS it hath been made appear to the fatifaction of this Genera! Aliembly, that the court houle, prifon and flocks in the county of Hyde have been lately confuted by fire, and that the courts of laid county are obliged to be held in a private houfe, which occalians a very great delay ot bufinefs : and whereas it appears tnat the town of JVoodftock is net the niott central and convenient place to erect a court l.oute, prilon and flocks in the laid county, and that on 2?.//\r bay or Jafper's creek is a far mere eligible ana convenient place lor that purpoie. I. Be it therefore en acled by the General Afjlmbly of the ft ate r/ North-Carolina, and it is hereby enaBed by the autho- rity of the fam.' , that Germain Bernard, Benjamin Iw.fJ, Michael, Peters, Robert Jenett, Janes Jjfper, Reading Blount and Thomas Jordan, be and they are hereby appointed commiliiotters to fix on tlie molf central and convenient place on Belt's bay or Jafper's creek in the faid county ot Hyde, to erect a court houle, prilon and flocks for the ufe of faid ■county ; and tbey or a majority ot them to agree with workmen to build and finifli tiie lame thereat ; and if one or more of rhe faid commiliioners Ihould refufe to act, die or remove out of the laid county, then the lurvivur or furvi- rors lhall elect and choofe another or other commiliioners, in his or their ftead. II. The firft part of thisfeilion ubjhhlc. And the laid commiliioners, or a majority o<" them, are'hrreby authoriled and required to rail for, demand and receive all and every part of the remains of the former court houfe which may be known to be in the hands of any perfon or perfons whatfoever, and the fame to apply to the ule of erecting a new one as herein before directed ; and if any perfon who may have any ot the remains of the laid court houfe in his, heror their pofuffion, and on ap- plication of the comriiiluoners herein before appointed refule to give up the lame, he, Ihe or tney lo refuting, (hall on conviction forfeit and pav the fum ol twenty pounds, to be recovered by the laid comroiflioners before any juris- diction having cognizance tbereo.', to be applied to the purpoie ot erecting a new court-houfe, prifon and flocks. III. Cbfoleie. IV. And be it further enacled lythe autborifv dforefaid, that the Juftices of the faid- county of Hyde fhail at the firft court which fhall beheld after the firft day of January, cue thoufand feven hundred and ninety one, adjourn to the houfe of Southy Rue, near BeW r bay ; and all luits, actions, plaints, pleas and other mat'ers and things before the faid court then depending and undetermined, lhall ftand adjourned and continued accordingly, and all and every per- fon or perfons having day in the laid court, and witnefles, lhall Hand bound to appear at the lame according to iuch adjournment. V. Andbeit further emRe'dbythe authority aforefn'td, that the faid commifhoners or majority of them, are hereby empowered to fell at public tale, giving forty days previous notice, the lot of ground in Woodffock where the court- houfe formerly flood, and apply the monies arifing therefrom to the purpofe of erecting and compleatmg a new court houfe ; and Ihould any money remain in the hands of the commiflionerg after the faid buildings are finiihedand com- ple.ited, the fame (hall be an^lied to the ufe of the contingent charges of the county. CdAP. i-JC. sin ad to empower James Craige, guardian of the orphans of David Craige, of "Rowan county, decaf ed, to fell and difp^fe of part of the real eft ate of the faid David Craige, for the payrncr.t of a debt due by him to the public. WHEREAS jan:cs Craige, guardian of the orphans of David Craige, deceafed, hath reprelented to this General Aliembly that the laid David Craige died indebted to the public in a large fum of money, for the purchafe of torifilcated lands of Henry Euftace WCullo^, equai 10 the value of his perfonal eftate : -and whereas the laid guardian hath further. reprelented to the fatisfa&ion of this General Aliembly, that it was the intention of ine faid David Craige to fell and difpoje of part of the laid lands to pay the public debt,. in order to make the better provifion for his iamily : I. Be it enacled by the General Affembh cf ihe fate of North* Carolina^ and it is hereby enacled by the authority of the fame, that it lhall and may be lawful for the faia James Craige to fell and difpole of three hundred and fijty-five acres of faid lands, lying on the Jonth fide of the Yadkin river, known by the name of number feventeeri, and three hun- dred and feventy five. acres of laid lands, lying on the waiers of Abbot 's,creek, known by the number thirty-eight, and to make conveyances in fee-fimple«£or the fameto the purchasers thereof, thereby conveying to each purchafer and tbeir heirs refpecliyely-, by virtue of the power given by this act, all the right, title, iniereit, claim and demand whatfeever therein and thereto, of what the faid David Craige died leized and pplTeflecj : Provided always, that before the conveyance of the faid lands, the faid James Craige Ihajl gjve bond withfecurity, in double the cftimated value of tiie lands intended tob? (old by virtue f.f this act, if the lecurity already given for his guardian- fhip, (hould be judged by the county court of Rowan infufficient for the true and faithful dilcharg-: of the truft rcpofed ju him by this act. T H £ E N D. jumumiiui i«g— a 247 A P P E N D I Chap- XXXV. An c,a to ratify and confirm an acl, entitled, An aft for the regulation of the town of Wilmington, p. 23. al/oto revive an acl, iniitled, An acl: for the regulation of the town of Wilmington. I. \X7^EREaS an a ^» pafled at a Genera! AfTemfaly began and held at Newbern on the twelfth cay of December. W in the year of our Lord one thouland feven hundred and fifty four, and from thence continued, by feveral prorogation-, to the thirtieth day of September, in the year of our lord one thou.'and feven hundred and fifty fix intituled, An a£t for ibi ^regulation of the town of Wilmington, has been found highly beneficial and convenient to the inhabitants of the faid town, and the neighbourhood thereof ; and whereas by the feparation of this flate from Great Britain, and all dependence theieupon, luch act mult ceafe and be void, unlefs ratihed and confirmed by the General Aflembly of this our independent flate; II. Be it therefore eneSledby the General /iffemhly of the /fate of North Carolin->, and it is hereby enacled by ike authority cf the fame, that the laid act, and every claule and part thereof, perfectly confiitent with the coi.ftnution of laws t.f this (late, and io f ar as it (lands unrepealed by any fubfequent law palled in this ftate during its dependence on Great- Britain, be, and hereby is declared to be in lull force and virtue. The reft Obfolete. [Paffedin November 1777.] Chap. XX1I1. An afffr the dividing the county «/~ Guilford. 7 he reft cfihis aB inN.C. I.. 1785, 23, 562, or Obfolete. furers. IX. And be it further enabled by the authority afore faid, thrt the court of the faid county of Rocking/ism, /hall an. point three jurors to attend at every fuperior court that lhall be held for the laid diftrict. [Pajfe.i in Dec. 1785.] Chap. IX. An an at! to amend an acl for dividing Guilford county. WHEREAS the place fixed on by the commiiiioners for erecting the public buildings in the county of Recking. han, is not near the centre, as appears by an accurate furvey thereof, by which means many of the inhjbi. tains are put to an unneceffary expence and trouble in attending general mufters, elections and other public meet.ng* therein; and it having been reprefe nted to this Afl'embly, that erecting the faid buildings in the centre of the laid county, would give general tatisfa&iou to the laid inhabitants, and the proprietor of fuch land fo lying in the centre, hiving aflented 'hereto. 1. Be it er.acld by the General AJfembby, and it is hereby enabled by the anthoriy of the fame, that the cturthcufe, pri- fon and flocks fi.r the laid county o\ Rockingham, (hall be erected and built on the lands of Charles Mitchell, on the eaft fide of Big-Rick houfe creek ; and that Samuel Henderjon, John Reagan, Richard Marr, Peter O'Neal and Thomas Maffiv, Efquircs, be and they are hereby appointed commiiiioners for erecting the f 1 id buildings in lieu of thofe ap- pointed by tne afcrelaid a£t ; which faid commiiiioners, appointed by this aft, are hereby veiled with the fame pow- ers and authorities, and fubjeft to the fame pains and penalties as thole heretofore appointed, and the laid commiffi. oners are hereby auihorifrd and empowered to contract for one or more acres of land for the purpofe of erecting the public buildings on, and they zre hereby authorized and required to receive a deed or deeds conveying the laid lends lo purcluled by thern, to the Juftices ci the faid county of Rockingham, and their fuceeilbrs in trnft tor the fajj coun- t • \Paffed in January 17 87. J Chap. XXXVI. An acl for dividing the county o/~Rowan. TlefrUpartinN. C. L. 1780,36,645. III. j\ XD be it further enacted, by the authority afore faid, that nothing herein contained fliall be conftrued to de- Jr\ bar the late (beriffs and collectors o! the faid county of Rowan, as the fame flood undivided, to make dif. trefsfor any levies, fec-s or other dues now actually due and owing from the inb.ib ia> t; of the faid county as it for- merly llowd undivided, in ihe (ame manner ashy law the faid fhenff or co'lector.s cou d or nrght have .one if the laid county had remained undivided ; and the faid levies, fees and other dues (hall be c >U< c~t J and accounted for in the lame manner as it this act had never been made ; any thing herein contained to the cont.ury *or wuhllandwii. IV. V. VI- to-Vil. Obfolete. VIII. Anile it further dueled, by the authority aforefaid, that all manner of fjiits, caufes and plea?, whether; ci- vil or ci iiiiinali how corn-neiicqd and depen ling in the county court of Rovs in, ft til continue and :. ay be prol tented to a final end ana detenni ia» >i ; any thing in this aft to the contrary nor w'uhitanJir.g. IK. And be It further enaJHtd, by thi authority aforefaid, th.it the court of die laid count;; of Ire ■ \ oil hi jurors to attend at every Superior Court that thill be neld for the faid district. LP' 1 !/ ' ' °%>~1 Chap. XXXIX. Anacl to amend ana£l, entitled, An aft for the promotion of learning in the diftrid oi : Wilming ton. p. 107. WHEREAS an aft for the promotion of learning in the diltrift of U Hmington,. made and ratified at liittfbotmigh, the leventeenth day of May, one thoufand lev^n hundred and eighty three, is in many teiprfts defective, and feveril of tne truflees therein named being dead or left the ft it e , and tbe remainder being a bare majority being too much difperfed to meet with convenience at any one place, tie faid aft cannot be carried into effect ; by J caion of which the reftannentary donation of the late James Innes, Elqni.e, is i 1 t! ingtr cf being loir : for remedy whereof : I. Be it enabled by the General /iffembly vf the/late of North Carolina, ad it is hereby enabled by the authority of the fume, that the truitees ftall confilt of not ltf» than twenty and not more than thirty members, and that Tiemas Ci.uk, John Fergus, John Hufke, Janes Read, Jofhua Potts, Fred. rick Jones, John S-wann, Join Avlin Campbell, Thomas Craike, Thomas Wright, John F 'ugh Williams, Henry Walters, Thomas MacUiine, John Hill, John Pl'Ker.zie and Thorn is Younger, be and they are hereby appointed truftees of Innes Academy, jo'ntly with the (urvivirg truftees now in this ftate appointed by the before mentioned aft ; aid that the faid trustees ihall be a body politic and corpo- rate, and b/ the name and title of the Prefident and Truftees of Innes Academy 'lhall have perpetual fueceffion, and by tie fame name lhall fue and be iued, plead and be impleaded in all courts whatfoever; and their common feal affixed to any inftrumenc or left mjnial, Hull be legal teltimony in any fuit inlaw or equity. JI. And be it end£i:d by the authority aforefaid, that the faid truftees, or a majority of them, by the name, ftyle and title of the Prefident and Truftees cf Innes Academy, (hall have full power and authority from time to time, as they lhall fee ti" and reafonahle, to make rules, ordinances and bye laws as to them may appear r.cccllary, for the order and good government of the faid academy, and the teachers arid iludents thereof, as well as for the regulari/y of their proceedings ; ard fuch' rules, ordinances and bye-laws to alter and change as to them (hall Item Expedient ; Provided always, thit fuch rules, ordinance* and bye laws thai! be te.i.onable, and not inconliftent with the conilitu- tion of the ftate. III. And be it enafted, that the truftees by this and the before mentioned aft, or a majority of them being met to- gether, ihall have lull power and authority at their lirft meeting, or at any fubte ,uent general meeting, it they liiould deem it neceflary, to eleft by ballot a fufficien? number of perions to be truftees to make the v. hole number as afire-* Mi ; and if any trullee ftall abfeut himlelt at two fucceftve general meetings, without afligning a fufficieht caulefur fo doing, he (hail be con/idered as having voluntarily withdrawn himfelt as a trultee, and his place &»!! be Inpplied by a new choice ; and no rector, profeflor cr tutor fhall i)e liable to militia duty ; frovide.d there are not more than three employed in teaching one branch of literature ; nor (lull any ftutient oi the faid academy be cbligcd to attend at any mili-a mufters. IV. And be it further enaBed by the authority aforefaid, that exclufive of a prefident the authori/i iud enabfc J >'.n yo'Jbn f,3 >£/■ .■-.»/.'.'; this ',;'<, ,•; •> . ' .- ■ r '^ .'..".- t therein rmn'.i- donari ns, unlefs he ihpuld he tieijniit.ti d to return and let le his .i:i'< rs : lor remedy v.aci. i f, • I. £ v it enaSJUby iht G -n:-':l A ib?:y : >..'ih;j.c e if&i >r ji Cirul na„ <.";-/;/ /; /'-•' ■-/; eni'd 'lj the itifhoriti cfthg fame., thai fi,dh and afte'i a\vi may be (a^ful )'-j; in a fa d /j'v: C / .•.-. In'i;i>cj s, rs. .u- t r , a Imi liftrpto r or c Ti ^n"s to lue or be Jae*, hnpl - ■ ■■' and t>e i ir/e^ied, anf.ver r;- !>■■ ml .. ered, in .-, :•.- c nj t of record .n ifiis f^ate, ft t a i : ir lu us of ijicr.v y du£ t ) iiim p • dwipg i: y Kiu^ the jYH ^>« Cd ;•-,/;, in Jay man- njj !b:-vcr; I); lay to fe contrary ncto. i't'hlt ii di ■ ;; .■ PnrQ'iSifl r.j'.'cribtlr , th ;t ij I ing in this rut couial ed 'ii ill 1-e cdnfjtuied to :.u Bar'ife or en »1 ■!.- [he fai I y. j ■ Q l)o '. tP commence or prol?cu',-e any luit, i i her i . i.r.v or e. in this itate, until lie iha!l lia\e previoufl) petal e lome Jnit.ce of ti;c Peace. 01 I eT re qn,e < fifrej idges < f i ;e fjperibr coartj t iken and fubftribed an oath of iilegiarA-e a:id fidelity to ihii itate. \Paffea"in tfvotrhiei ;;l .] HP i :,-. BHI A B E, CANALS, ROADS, C A U S E- W A Y S, BRIDGES and F E R- R I E S. iDOKNEri , « J '"'/- '/:n;, i\z,.G>ainger , s , Ca.ei , br cig;e, 105. tfetaiii\ B nj&min, bndgr 50. Juniperbsty canal, 232. Lan-l' <,G:.. on, bridge, 88, 94. 117. Peacock'* bridge, 79, 8o, 98. Rotfyfl) bridge, 139. 8 'a-Jyet 3 'j, Enoch ,Toiul, J^y, 24*. Scup- ftrtiong canal, io6. S>ii-/:, B'enjenmh t encouraged to nuke a road, 140. Turn again bay canal, 172. li'ilii- ams' } James, biid^e. 139. C O U N T, I E S. Anfon. Publie buildings, 12', Infpeclic» of tobac- -85. Beaufo't. Court lionle removed to Wafh'mg- 1100^,44.. Franklin*, Granary fold, iq<;. Coih.'nhTion* ers to fell the glebe, 191, >'vor hpufe, 234. Gran- villi. Wardens <.A' the po,>'- :- . f;ll th-' | Bull- fot ne acre of land veiled in hejuflipes, 72. Difptnes refjlettirtg mill damS ftUled, i ; . Sp'ei e^s of hunting prohibited, 187. 1' . . x. CJertain a£ ! ? tsended to, 214- Hit feFTre's; 183 Or. tain acts exterkted to, 214. Uyii. Separate h 79. Sej-.ara't eWdion, 196. 244. Certain ad S - td to, 214. Gourt-hoote removed, 2461 jihnfori. In- (pection of lobicco, 57. Certain afts extended :o. 2jd', h c\:Jl. To ittid 6 juroij to li-.per.ur c;u: t, 2.17. 3 Lin* cAn. DHputes'refpefiing mill'idams i'f ed ija, . >» .tin- Certain afts extended to, 214, Mcklenittqgl?. I. - liii 1 divided. 90. Put .'ic hivii.i ngs remove.) iron, ie, 147, 214. Dilputes r.eijiectir.g mill dafrj fetiie^f, 1^4. Separate electtcras, 214- Moritg'jtnery. Coiirt-i.tiule ; prifon and itocks, 121. New- Hbn'suer. Separate electi- ons and mufters, 213. Northampton 1 , PobWc b'.tildings removed, 148. Onflaitl. Court- hotifc M.d pr:'on remov. 4on. 162, 163. Bertie. Court boofe ptifon a"d .iiocks, ed from JohnJ}on t 20, Orange. Court held at John' Hays', where, and iiow built. 8, 9. L'iudsn. Certain pubic lots fold, 147. Irunfiuick. Court empowered to adjourn Where they think proper, 138. Burke. Separate muiLrs and electijns 2^2, 243. Camden, AJis extended to, igS- Carteret, Separate niuiters, 70. Poor-houle, 235. Caf- ivell. Certain acts extended to, 214. Separate muiters, 242, Chatham. County court to adjourn to Pitt/borough, 183. Certain acts extended to, 197. Craven. Court- houfe, 38. Currituck. Certain acts extended to, 198. Davidfm. Sundry inhabitants relieved, 137. lnfpeftion of tobacco, 164. Making ©f fait encouraged, 200. Dobbs. Juftices empowered to try and determine iuitt brought befure the divifion of the county, 35. Duplin. Court houfe removed, 14, 18. Line between Duplin and New new court- houfe, 18. Poor houle, 2:4. Pitt. P ree ferries, 21 1. Public buildings, 233. "PafqwAank. Cer- tain atts extended to, 214. Poor houfe, 235. Randolph. Court-houfe, prifon and ftccks, 12 r. Court empowered to adjourn where, they think fit, 164. Infpeclion of tobac- co, 165. Richmond, Certain a^ts extended to, 214. Rockingham. Ddputes refpecTing mill dam* fettled, 154. Certain adls extended to, 214. Ro-jjan. Milhia divided, j»o. D.lputes refpeaing ni 11 dams fettled, 154. Sepa« rate muiters, 243- Rutherford. Difputes relpefting mill dams fettled, 154. Separate mutters and elections, 232, 233. Entry-taker to deliver certiin warrants to furvey- or, 240. Surry. InfpccYion of tobacco, .165. Sale of public buildings, 223. Poor-houle, 234. Teneffie. In- Hanover altered, 15. Sale of the glebe, 63. Title of fpection of tobacco, 329. Tyrrel. Tree ferries. 163, fundry inhabitants confirmed, 95. Edgecombe. Court Separate election, 222. Wake. Certain acts extended to, jf^'. ft'.rr-n. Cranary hid, V35. Certain reTs ex. ICneled to, 214. li'ajhwgton. Koad to Burke, 70, 77. Courts vi heie held, 195, iy6. Wayne. Jnipectiun of tbb.icco, 186. Wiih.es. Separate ihuAUts and elections, - j*» -jy DISTRICTS. EJtnton, Jul, 69, ira. HiUJbtraugb. Jail and public Wildings, 104, 144, 17*, 179, 2i2- Halifax. Jail, 43. ^iffO. Inhabitants wounded by Indians relieved, 234- Morgan. Public buildings, 123, 124, 546. Jullices of each county to appoint ii fpeeSlors, 164. 165. Ncu>bcrtt. N ember* Jail, 52, iotijbury. QiUrict jail, 44, 53, T/8, 179. jiiltices of cash count j 10 appoint iiifpectors, 164, *6v Wilmington. Public buildings, 69, 77, £2, '12, 113, '34. l 35> *4* EM AN CIPATED PERSONS. /.'.'.'.-; fif/0>, and- Mery r 207. Amelia, 22$. Jfetfy, a.28. Brjsers,Hiwutak t ?%y. C*/ar r Henry, 1 82. Oa>'» Richard, 225. Alexander, 22&» Freeman Vhillis, 215. Griffin Ned, zqt. John/or, Samuel, 2-2 3-. hang t Mary ,-3fff. UiCj,iio. Willis, J oj'rpb, 207- LAND S, VSSXE3 Iff .<41/<;/, Nathaniel, St others, 141. Brow, Ucweif, fo*. Su ke, Tlxmas % off. Ccl/jn, John, 197- Cotton-, Thomas, and oihtrs, 117. Courtney, William, too Cummins , Robert toji, 192. Eaton, Thomas, 1 15. Fcr/»lh,J»ncs, x.id-G'uilJerd, l- J»ic, u-> &fu//, Edmund,, 242. H.y 7 John, 107. Her.derfim, Richard, 1 16, i4?>.22i. herring, Jo/e/h, 1 14. Houflon, Wtl- Ham, 99. Miller, Ralph, 1 1 &. ••> «#>, aV-;.; r, 89* Neva-Garden .y.iakei's, 231. Per/ m, Thomas, 90. Reael, llannufi, 99. Kit/ s, Hugh, 206. Unites Ft eitrum, 105. MISCELLANIES. dndcr forts, Job*, cfia'e relieved, I79. Laker's? Bh>ie entail of land docked, 39- Bedford, Mercy., relieved, 161. &V//, /'Wtfry AiUf'j,!, property vetted in,- 139. BiUingJby, James, empowered to mike conveyances, 229- Blount, Benjamin, empowered to I'ue as a trultee, 148. Fen#*r't, Elizabeth, property Secured, 149. Bradly, John pardon. nil, 229. Bradly's, Henry, executor, to fell fends, 9,9. Bridge*' s, Edvjai-d, property y*h\>red, Kji, Brtmn, s/'r- tkur, empowered' to jspJIecl: taxes* i;6^ Brown, Thome, '] .ictfd in hit tide' to land:., 21 a- Er/f.-l's, AlraKartt, tide 10 lauds confirmed, 230* Cmy , J t l'hwas f \a\s cf iands confirmed, 3. CqfweU's, Benjt.mm, lecurititfi to colli •••; tax- es, 245. CmJvj'eiPi, Richard, ettate veftcd in trultees, 1 59. Centre hencvolunt fociety, 225- Clark's and others data?, 102, llq. Clenry, Simon, and Others, relieved. 145, John, enabled to return and i'ue, 240. (./.',.', Chrij r ic'k jjpowkr of nttrrney confirmed, 105. Crajge? s, David, orphan's, guardian, to fell lands, 246. t ' •- ', Robert, Jol.'s of his patent fupp'icd, 149. bickinfen's, Dr. It t; granted to, 240. Dobbs, Co- entry of his tract of land, 1} 2. Doyjd, Mary,z\\- ! to fell her hufbaud's eftate, and to (tie, 141, 230. .'■ • . ' Idi'Sf /;'/' ', tksree in his favor j confirmed, 3. Eaton's, Thomas, ferry, Infpe9«n«, enabletfto fell certain negroes, 114. Hogg's, Ro- bert, executory enabled to maintain certain funs, 184. Jones, John, relieved from a recognizance, 162. John. /In, Thomas enabled to collecl: taxes, 2I1 Jones', Her. ding lands intail docked, 3* Jcnes, Robert, and otheri r Indian fends leife confirmed, 51. Jones, William, veliev. ed, 170. Kirk, John, relieved, 161. Martin's, St. Cha- pel, Currituck, lards veiled i», 70. May, John, empow- ered to collect taxes, 213. Mehtrr'm Indians,*,. Ai T Cee t John, to inherit his natural brother's eltate, 219. fll'CLi la\t's mill dam extended, 244. M'Nmr, Ralph, iale of his eftate liifpeii'ded, r-60. M'Phaul's, Neil, title veffed in his heirf, 224. J 'f>rc f George Lair.e, rtbeved, 170.- Moore, William, empowered to collect taxes, 18-8. Mum- ford'&md P'jrterjtefd, warehoufe, 159,21". Null, Willi mrt tffccllet'l: taxes, 212, 213, Ne:vij, Wari, negroes veil eS in, 279. O^gs, Clxirlts, and others, rghtot inheritance veiled m, 228. Pcarj'on, Richmond, empowered to collect faxes/ 1:6. Peicrfon, Jot Anna-, empowered' to tell' lands, 1. ropi± Jo! if, relieved irom a judgment, 35* Prejl y.'e. rian congregation at Wilmington, 159. Quince's, Parker, e»ec'Atcr> t« iell Varrds, 225-. Rieharels, join, ccurli s of his lands recliSsd^ 241, Ritchie and l!'inflo-,u's warehcule., 241. Riiefofi's, Juhn, admi^iilratur to fell fend;. 90 &cott f William, quieteti in histi:le to lands, 21^. Shiar- ing, Chi.rlet, pardoned, 98. Speigl t's, Richard Dobbs, t'v- *le lo lanefeconriFmed-, 1S0. Specific fnpplie* in arre-n - eofleclfed, 57;. Stephens, Uichard Njjfuu, copy of his detd confirmed, 106. Swan's, Samuel exectuoi>empow("rcii %o Iell lands, 2o=6. Ti/rei, Simon, relieved from a recogni- zance, l6l. T'irrens', Elizabr'h, tluftees appointed to, 190, 207. Turner's, Simon and ^: others, t'nle to lanci eltabhlhe-d, 279. Underwood, Jaritei reUafed from a re- cognizance, 148. Wjtcd'si Joh-n, patent confirrard, roft Wari, Job. relealecr Irom a rscrgin/ar.Lf, 54?. il'hite's, Jame't ad-mii.if.rator to fell fends, 231. William's,. Ben- jmniii, title to land confirmed! 230. li'ihiam's, Thom:\s Potl, title so [ant] c*;nUnn<'4, 2. -,.. Wi-jW.-i cr Pwterjielet- toare-houfife, t$?* N A M E ff A 1> T E It E D FIRMED. & C O N« idjhl )'■< William, confirmed, 2*1 1. Ballinger's, jor.c.'J,;:*, »0 Ferkr. 184- Born. r, Willi. <>i. to Hunt, 211. Bronnock's, Wmatbeurixt Bryant, 120. Comnu.uder, Jeffe, %o Clagg. 211. Cillbrd's, John, to IJhr, 79. Hoy's, jc//e, to Sp. igl.t, 2ir. Htgg 's, Waller, and Covin, lollies, 184. Lom>'s J,tmes, to Roufon, 223. Lj tie's, Nancy, and other-, to A"> cbois, 226sMa/bns', JameM to l/hetn, 1S4. No! It's, Henry, ajid,QtJiej-s, to Wbeatley, 24C' I ,rt!.rr/j's, ficho /, :u:d Benjamin Clcvers, to Ran/on, 211. Taylor's, Jejlun, nsel pth'er's, to -Sr^r, 14U. v . . , Frederick and others^ to ' r .;-.', 142- RIVERS. Jrpi-Fer.r, 18 r. Cata-Jfba, 46, 104, i8r. Cr'.fs ,re:l, 23S. Dan, 104, 61, 92, l8t, 239. Deep riv r, 1 3 1 . Fiflring creek, 147. Htrm river, 93, 104, T Si. Meherrin, 46, 104. Neufe, 133, 210. Pecdte, 46, 104, iSr. Ronnie, 104, 92, 119, 122, 2io, Rocipjb, 23 v Ricky rivir, 93, 104. Tar riv-r, 92, 10.;, 181, 147. Trent, 67 , 104, 123. L'l'.aric-, 98, 104, lot. 2'uckht, 104, 187. SEMINARIES of L K A R N I N G. ' School : J RichLnds, in tnfioto, u3. S'xr<.ugh, 118. Currituck academy, 423. Davittpin academy, 15^. D'Ms academy, IC7. hdent'.n Idle o!-houfe, 62, O3. Frank I'm academy, 193. Gr&trville hall : town near ir, yi. Grove academy 156. 7w««j academy, ic 8, 224, 248. Liberty Hall, 75, 81, its name aliercd to Salijl-wy sea. demy, 143. Marti* rcadem}', 119. fl.agin .-cat's, my, 119. Htwbern Ichcol liouie lots aid pans of lots, 49, 67, incorporated by the name of Neivlti n a- cademy, 125, j;lebe lots g.ven to it, 172. Pitt sCadtmy, 183. Pilljooroughuc'-demy, I90. Richmond acader.y, 217. Science ball, 37,88, 124. Smith's academy, ioi, 157. War re aim academy, 187. TOWNS. fi.i'.'i : lands verted in commillloners ; church, lown ftiul market houfe ; lots haw taken tip, incloled, tleared and laved : hopS not to run at large; nufanres to be removed ; refurvey ; front lots ; width of the ftrcets, 1, 2, Town common confirmed, 5, 6. Inha* bitanis to workcmvth* ftreet<, exempt trow a 01 king on the roads, 7, il- Fence, lafvey, new commifii oners, Ironc lots, 9, ic. Court houi'e relieved, 162. Bciut- Jt,ri ; Camnnlfior.ers ; bmiids ; hogs ; lots ; tavern keep- ers , fighting ; bye-laws ; 57 — 6c>. tlountjville .• erected; tommiilioners ; lots; 16^, 166. Brunfwh'i : comraifli- oners ; town laid oft ; church ; blirial and maik^'t place ; Jots how granted, cleared and laved ; ordinary keepers; faikirs ; Id, ii, 1 2, 14, 15, 53. Cumpbclpoil .• erected ; lots hew grained and l'^ved, 42, 43. new commillioners ; inhabitants exempt from 1 working on the roads; hogs J town regulated ■, 8.1, 82 ; Itreus laid out ; further re- gulations 5 name altered ro Fayettevilte ■ Ic8 — nr. Ctitrioile ; eftibliihed; !ots how granted and laved ; di rectors 5 55, 5^, ceJiiriS; iiring org ms J inhabitants to work on the ltreets ; new trull^es ; 71. ClarSef- Viile ■■ erected) commiffioners, taxes, 169. Chatham ■• 10 vn laid oif ; lols ; co.n niilioners ; 86, 87. Chddfburgi erected ; directors ; lots ; 36, 37 ; name altered to rough; 47. Elizabeth' tron : erected; lots, how granted and laved ; ferry ; 6j, 65 ; courts 72 ; further time to favc U>:s, 77. Edenton .- »-bat Itock to be kept in tovfa, 9; 'o:s veiled in c muniliicBers, grained on cer- tain conditions ; lands made para of the town ; eerrirt- catesoflots laved to b= a good title ; firdets, aed publis -places] cleafingof lots j nufancesj hogs; 27, 20. thiranies ; ladders ; public wharves ; .19, e.o ; Sfe icade 11 , new commillioners ; lanes ; hogs ; ; oiitiie ltreets ; jj, 73 ; fairs ; 83, 80 ; com- m : (Tioners ; fence ; clearing cHors ; lirgj ; r«tf» ; trf*. I'urer ; oath ; 101 ; I0I6 fold on ncn piyiner.t ef tixes • taxes recoverable by warrant ; 112 ; taxes to be laid ..ltd collected as in Hidijix \ 176 ; elections cf ccmmiflipnrs ; their oaths aiid qtial incaiici s ; clcik ; to I e a bedy polj. tick ; their power ; luccefTnn; taxes ; ta>Eble f n ca- ty how given in ; ctlleclcrs ar.d irezlurtr ; ecu n illit t.crs bock to be given in evidence ; mcatorcn tnt of the town, irl-ere lo begin ; inero; chn.ents en the flrtetf, to Le re. moved ; public lots lealed ; !ots cleared ; ht gt, geelii und goats ; horles not to be Hi aincd ; ro foe* aims i!if- chirged ; engine-, tuckers'; fire; t'eilirg with fUves forbidden ; (laves 10 hiie ilun.iclves nrt'er cerfainrellric. tions ; meeting of the eomnuilici ers ; tier tcceun'.s to be pLblillicd ; former laws repealed, 2cc — 3. fi-^iite- rills : i.an:e ol Lwptleicn a'tercd to, 108, llretts regula. led, tJ4, 145, reguloticn as to Haver, Ice Wi'mirgiin ic*n la'v, i-;i, 152 : ei n 11 ifficners' bilks evic'cr.cr, ihcir elec- tion, oath, clrik, pov.eis, m.-giflra:e cf pcliee, ttxt?, en. tre-achment on ltrec>f, begs, ci mn.illioners, qualficaiiors ai d extent of powers, S04, 2c6:iaxrs, liiknci?, ccni- niithoncis account to te published, 218, 219 •• price of in. fpc cling ardecepering tcbatco regulated, 236 237: Carrfn /ou'« .• erecled ; ecmmiliicners ; lots-, 237. likuctfter ; erected ; nnlances removed ; lets hew granted and lav- ed, 19. Grecnejv'.lle .• il:e name of Mertiribcragbalx^tfA. to, 189. Holifi'x ■■ cllnbhlhcd ; ccnirnillicrcrs ; feiry j 30, 31 ; time ;or faving lets ; wooden chimnies .5 darY.c, tcrs ; 36, 4C ; taiit, 88, 89, iVceeffion of ccmmiliioi.ei* . lots ro be cleared ; taxes; Jugs, 111, 112; ccmm.flu:/ ers' bocks tube given in evidence ; election ofcctnn^ fi_ oners, their clei k $ trca'urer ; [lowers ; taxes, 174 : ma gillr..te of police, 175 : piazzas, porches and celhr dcora quahficatioii of comniijhoi.ers, 175, 176: lLves in the* liberties of the town taxed, 209 : liberties ot the town, 215: h'uwns t town laid 01 1, lots how gi anted aid laved, cleared and iuclofed ; fairs, 12, 13 Hcrtjlrd.- tewn e. fected, lots how granted and laved, directors, court- lie u(e, ferry, 33, 34 : time to lave lols enlarged, v. 0. den chim- nies, duiies, 55, 54 : lots veiled '11 grantees, lapled iotf» relurvey, commons, ovcifcer of the lireets, hops, ferry, 6c, 66j 67. hH'/loroitgh .» erected, cruris, lo'.s hov/ granted and laved : hogs, puSlfc 1 fhces, diridtcrs : 47,48,49: to«n confirmed, new. cominil!:oneis, taxes: hogs, hre : eltition ol Ibture ecmmiliicners : 74, 7^, furtlier time to lave lots, 92 : church oren for minitters bf all delcfipiioiis : fpifcopahans (Oi'je how prettired- 125 -church tiled aSa fchool, 12^ : i/nd for General Af, feinbly, 125: tha commillion; rs becks to be evidence; their clerk .nd no. ve.-*, taxes, (urve\-, 172: comir.iHioi:- ers and magistrate of police, 217 : James -Town, crecteclj commillioners, lots, 167 : John/ten, town laid, lets hi conveyed, cleared, iuclofed and laved, nufancts to be re- moved, 7 : Johntlot.ville, comruifl/oneis, lots ; 220 June/borough, coaimiflioners, Ijts, 97, 93 : Ki-igfion, et- eetfid, difecters, lot's lio.v granted aud laved, to revert ;o the proprietor fi-c lick ofheirs or devifecs, 41, 42 : rami altered to Kir/Ion, Bew comtnifliorers, county butiicl's to be done the» e, overl'eer of theftreets, hogsj 1 Sp, J 30 : Lea/burg, commiflionei s, lo:s, fprings, 222: tewi/butg) laid oft", lo:s, commillionerr, o.|, 9s : Lincointon, erected, ccmmiilionei", lots, J6« : Li/burn town erected, lots, 16? i Lumbctiott, erc-^tcd^ commillioners, lo;s, 2^1 ; j.. ''^"* •fifing', cr-"£ted, l;t?i 6";: ciyjrts, nnTancw, coii^ilTi. oners, 72 170 : name a'tered 10 Cr.c>t,-/zille y 189 : M" i-rtvi /?, erected, CDntinjlfioin rs, lot;.. 168: new co n. l,]ifujncT, iBJt! [vlidditt'Al, erected, cnimJiirinsis, lo.s, 212; Miiganb'jtzi'gh erected, com'io'ii.ner-, ).i:s, 124: rauie ah' red to i\iorpa 1 : grant lor public buildinga, co iim'ii'i i;.:rs, 146: certain lots evcaded, 170 : illufy fr&fbSri'igb, tre:ud, aKnmflhners, lots. 185 • Softy lis, erected, lots, commilfioncrs, 130 : Neyxbern, ion n ■elhb'ilh'd, church, court hou'c, marketplace, lots to •revert 10 the proprietor, when, $ ; ch'arcii iois laved, old ',lo:s how grant- ed, cleared, encloledand lavid, 17, : NeM-Pirt, erected, toimuillio.iers, lots, 227: Nc^loivn n\ An/on : eiia'o- liihed ; cooiniilhoners ; lots, 120, nape altered to Ifady- iorougb, 214 : Newtown, \n Onflow, name altered to Swanf ■loroitgb, 118 : Ntxonton, town erected, lots how granted and laved, drecrors, 34, 35 : Pafquotank court houle removed there, 138 : P' it tfbo'ough, town iaid iff, com oners lots ; 86, 87 : Portjmwth, tommiilionrrs, lots, 16 : Princeton : erected, co mmiffioners 183, 184 ; lots, 214. Richmond, conmiillioners, lets, 05 : Rcckj'.rd, com- miflionerf, 245 : Rock'mghan, erected, 129: Rogtrfvills, comaiiflioners, 232 : Rutherford, coirtmiffi'onen lots, 2«8 : Salijbwy, boundaries, public bufiuefs, inhabitants to work on the itreets, comtniUioners, piazzas, ho^s, buckets, ladders, horfes, waggons, Iprir.gs, lots, 60, 62 : .election of commilli«ners, the.r power, clerk, taxes, ma- -giftriue of police, incrcachment on the Ilreets, 176,178: .jnipection of tobacco ; difputes refpecling boundaries of lo s, town furveyor, 1 8c, 208, 209. Surtclo : erected, tomm'llioners. 179. Smhi fidd, town laid off. lots, direct. est, 73, 99, iqo : St.itefviihf ccmmiflloners, 226, 227 : Swtrrficrc!'"'), name™ of-VfWfOTWf altrrctl to, (Veets t .«, cd, nuhtices, comrhiilioucrsj 1 s 8, 1 i ; ) : '/<;■ /v.- :■,;/',_ reeled, oiit\l;'i, lo s iitOW ; a.em d and iavc-.l, 3.7, 3U further thue to he lo: 1 -, coriiYiiiBioners tcfltjl certain" lo:s, 8), 81 : 111 . Work on the ftreijti, over- leer, o'round ten* on pjaz^us, taxes, Collectors^ h?hibi£- e'ork'rng 0:1 the roids, comminjpne"i s, iMiiidings, falc bk.yicanj Idts, i^, 1^4: furjrey and nev phui, taxes, part of former aTt repealed, 183 : 7ry«. f»»ere ■ kfiuv. rs\ lots, publ c bnitui.ijji of 7i/.-<\f, 127, 1 jo : ■ .' ,' ■ .'', name of ftewtm ivi^Mi/bh', ..'. tered to, 214: ll'alk ffbvrg, comm'fuiinji s 1 o;s, j 27 : Warrenton, commiflibners, lots; 01 : Jya/oinglhtlereSteQ \ lois ; ro'.iimiliioners ; 103, 104: eplgr-gcd, 131, tax-' s, Jiogs 132, r^ gn'.aii in as to (L.vis, as in 'IViltmng^,n'Si6\va .law, 151, 152 : IVtijf lybotoiigi}, potninjffibner , lots, 103 : IViUiamJlorriugh, conimiinpner's, lots, '194, 195: I','i' m Punvnin, coniuiiJipners, lot ,96,97 -.Wilmin'gttn : church 1 2> ] 4» 57 : bfii'.ios cf tlie town, public bulinefs 8i d ■ .rticcs dov.e and kept there, prcce,e8!ngs v. here houfes ;ire bu It i n the lite^ac or o !v.r people's ground, pl^n, m--- lances, inhabitants not to work on road-, lets cleared an J drained, fire, engines', conimllioners, ordinary keap. cr^, l.ilors, 23 — 2d: faiiS/o, 79- taxss, fire er,;;ed, 92 : Woodcock : lots, church, commiiiioners, nulances, 6, 7. V E R M I N Dcflruction of, in certain counties, 172, 190, 214, 255. PUBLIC MATTERS. Criminals to be confined in th; diflrict, and not in the county jail} 1 76. Debtors to be confined in the diftrict jail, when there is no county jail, 176. County courts impowered to receive and record the names given to natural children, 211, ConirailTioiiers ci public buildings, fpeedv procefs againft, 144. wk WmKm V &I WMMm I ^^^^^8 SHI < IBI - BMHT >m bSrSSBBB m msp ..■■.-'•. flfiswi 5S -C jsg "'■ ■ ' Hi Wwm