i,;-^ 
 
 
 ^ 
 
Library of the 
 Tniversity of North Carolina 
 
 ItKlnwcd hj' the Dialectic and Philan- 
 tliropic Societies. 
 
 ^^i- S". 7^ - IT 5^ 
 
 k * 
 
 iT-niimmiiiti 
 
COLLECTION 
 
 O F 
 
 All the PUBLIC 
 
 ACTS OF ASSEMBLY, 
 
 O F 
 
 The PROVINCE of 
 
 NORTH- CAR O L INA: 
 
 Now in F O R C E and U S E. 
 
 Together with the TITLES of all fuch L.AWS as are Obfolete, Ex- 
 
 pir'd, or Repca,rc, 
 
 And alfo, an exad TABLE of the Titles of the ACTS in Force. 
 
 Revised by CommiJJicners appointed by an ASi of the GENERAL AS- 
 SE MB LT of the faid Pro'jince, for that Purpofe ; and Examined 'with the 
 Records^ and Confirmed in full Ajfembly. 
 
 ■t: -ir-- irr ^ 
 
 •sr" 1 
 
 NEJVBBRN: Printed by James Davis, M,DCC,LII. 
 
TO His EXCELLENCY 
 
 GABRIEL JOHNSTON, Efq; 
 Captain-General, Governor and Commander in 
 
 Chief, in and over His Majelly's Province oi ISonh-Carolma, 
 and Vice-Admiral of the fame. 
 
 May it pkafe Tour Excellency 
 
 CO L. Mofeleyy the other Commiflioner concerned with me, 
 in the CoUeding, Compiling, Revifing, and Printing the 
 LAWS in Force in this Province, being dead, I alone 
 beg Leave to Dedicate Them to Your Excellency, as their Patron 
 and Prote6i:or j under whofe wife and prudent Adminiftration, the 
 grcateft Part of the beft of them have beeti formed. 
 
 FROM the known Benevolence of your Di{pofition, I am fa- 
 tisfied, it muft give You great Pleafure, Sir, That this WORK, 
 fo repeatedly recommended to the General AiTembly of this Pro- 
 vince, and fo long and earneftly defir'd by You \ hath been car- 
 ried on by Your favourable Influence, and finifhed during Your 
 Government. 
 
 A L T H O' the Subftance of each Law and Claufe of every 
 Law, in Force, is ftri(9^1y preferred \ yet, I am fenfible, they fall 
 greatly fhort of that Correi^nefs in Stile and Didiion, which may 
 be expe(9:ed in a Work of this Nature ; and, in thofe Points, will 
 not ftand an Examination, efpecially of fo difcerning a Judge as 
 Your Excellency : But as you are well acquainted with the many 
 Difficulties which attended us, in the performing this Service for the 
 Publick, I hope our Defeds will by You be favourably confidered. 
 
 I am Your Excellency's 
 
 Moft Dutiful and Obedient 
 
 Humble Servant, 
 SAMUELSWANN. 
 
V -A^ -A- •^'" -A- '«*^ -<" -J^ -^^ '<'" "^ ■^■'^ "^ ."^ ."^ ."f^ /i'." .'fr ."^^ ,"*" .'i''' .Sh ."^ ."iy ."iy h 
 
 .^^ ^il^llsJ^&Cv^ 
 
 K *■*- "!►• 'W' -H*" *^' "IP- "^1^ 'W- "^r- •If' ".f- "a^ '^r- -^^ 
 
 THE SECOND 
 
 Granted by King C HA RLES, II. 
 
 T O T H E 
 
 Proprietors oi CAROL IN A, 
 
 CHARLES the Second, by the Grace of God, of Great- 
 Britain, France, and Ireland, King, Defender of the Faith, 
 &c. \V H E Pv E A S, by our Letters Patents, bearing Date 
 the Twenty Fourth Day of March, in the Fifteenth Year of 
 our 'Reign,. We were graciouily pleafed to grant unto our right trufty 
 and rieht well-beloved Coufin and Counfellor Edward Earl of Claren- 
 don our High Chancellor of England, our right trufty and entirely be- 
 loved Coufm and Counfellor George Duke oi Albemarle, Mafter of our. 
 Horfe J our right trufly and well-beloved William now Earl of Craven ; 
 our right trufcy and well-beloved Counfellor 'John Lord Berkeley ; our 
 rio-ht trufty and well-beloved Counfellor Anthojiy Lord AJJpley, Chan- 
 cellor of our Exchequer ; our right trufty and wcU-beloved Counfellor 
 Sir George Carteret, Knight and Baronet, Vice-Chancellor of our Houf- 
 hold ; our right trufty and v/ell-belovcd Sir John Colleton, Knight and 
 Baronet ; and Sir William Berkeley, Knight ; all that Province, Terri- 
 tory, or Traft of Ground, called Carolina, fituate, lying and being with- 
 in our Dominions ol America; extending from the A^c/Y^ End of the 
 Ifland called Liike-Ijland, which lyeth in tlie Southern Virginia Seas, 
 and within Thirty Six Degrees of North Lattitudc ; and to the Weft, as 
 far as the South-Seas ; and fo refpedively as far as the River of Matthi- 
 as, which bordereth upon the Coaft of Florida, and within Thirty One 
 Degrees of Northern Lattitude j and fo Weji, in a diredt Line, as far as 
 the South-Seas aforefaid, 
 
 NOW Know ye. That We, at the humble Requeft of the faid 
 Grantees, in the aforefaid Letters Patents named, and as a further Mark 
 of our efpecial Favour to them, we are gracioufly pleafed to enlarge our 
 faid Grant unto them, according to the Bounds and Limits hereaftesr 
 fpecified, and in Favour to the pious and noble Purpofe of the the faid 
 Edivard Earl of Clarendon, George Duke of Albemarle, William Earl of 
 
 ^ Craven^ 
 
Tbe Proprietors Second CHARTER. 
 
 Crave?!, 'John .Lord Berkeley, Anthony Lord Ajhley, Sir George Carteret^ 
 Sir John Colleton, and Sir William Berkeley, their Heirs and AfTigns, all 
 that Province, Territory, or Trad: of Land, lituate, lying and being 
 within our Dominions of America aforefaid ; extending North and Eajt- 
 ward, as far as the North End of Currituck River or Lilet, upon a ftrait 
 Wejlerly Line to Wyonoak Creek, which lies within or about the the De- 
 grees of Thirty Six, and Thirty Minutes, Northern Lattitude ; and fo 
 Wefty in a dircd: Line, as far as the South-Seas ; and South and Wejl- 
 ward, as for as the Degrees of Twenty Nine, inclufive, o^ Northern Lat- 
 titude ; and fo Weft, in a dired Line, as far as the South-Seas -, together 
 with all and fingular the Ports, Harbours, Bays, Rivers, and Inlets, be- 
 longing unto the Province or Territory aforefaid : And alfo, all the Soils, 
 Lands, Fields, Woods, Mountains, FermSj Lakes, Rivers, Bays, and 
 Iflets, fituate or being ¥/ithin the Bounds or Limits laft before mention- 
 ed ; with the Fifhings of all Sorts of Fifh, Whales, Sturgeons, and all 
 other Royal Fi(h, in the Sea, Bays, Illets, and Rivers, within the Pre- 
 mifcs, and the Filh therein taken, together with the Royalty of the Sea 
 upon the Coafl within the Limits aforefiid ; and moreover all Veins, 
 Mines, and Quarries, as well difcovered as not difcovered, of Gold, 
 Silver, Gems, and precious Stones, Metal, or any other Thing, found, 
 or to be found, within the Province, Territory, Iflets^ and Limits a- 
 forefaid : And further more, the Patronage and Advowfons of all the 
 Churches and Chapels, which, as Chriflian Religion fliall increafe with- 
 in the Province, Territory, Illes, and Limits aforefaid, fhall happen 
 hereafter to be ereded ; together with Licenfe and Power to builij and 
 found Churches, Chapels, and Oratories, in convenient and fit Places, 
 within the faid Bounds and Limits j and to caufe them to be dedicated 
 and confecrated, according to the Ecclefiaftical Laws of our Kingdom 
 of England ; together with all and fingular the like and as ample Rights, 
 Jurifdidions, Privileges, Prerogatives, Royalties, Liberties, Immunities, 
 and Franehifes, of what Kind foever, within the Territory, Illes, Illets, 
 and Limits aforefaid : To have, hold^ ufe, exercife, and enjoy the fame, 
 as amply, fully, and in as ample Manner, as any Bifliop oi Durham, in 
 our Kingdom of England^ ever heretofore, had, held, ufed, or enjoyed, 
 or of Right ought of Could have, ufe, or enjoy : And them the faid 
 Edward Earl oi Clarendon^ George Duke oi Albemarle, William Earl of 
 Craven, John Lord Berkeley^ Anthony Lord Ajhley, Sir George Carteret, 
 Sir John Colleton, and Sir William Berkeley ^ their Heirs and Afiigns, we 
 do, by thefe Prefents, for us, our Heirs and Succefi'ors, make, create, 
 and confi:itute, the true and abfolute Lords and Proprietors of the faid 
 Province or Territory, and of all other the Premifes j faving always 
 the Faith, Allegiance, and fovereign Dominion, due to us, our Heirs 
 and Succefibrs, for the fame : To hold, pofiefs, and enjoy the faid Pro- 
 vince, Territory, Iflets, and all and fingular other the Premifes, to them 
 the 'faid Edward Earl of Clarendon, George Duke of Albemarle, Willi a7n 
 Earl of Craven, John Lord Berkeley, Anthony Lord Apley, Sir George 
 Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and 
 Afligns for ever ; to be holdcn of us, our Heirs and Succeflbrs, as of 
 our Manor of Eajl-Grecnwich, in Kent, in free and common Soccagej 
 and not in Capite, or by Knight's Service i Yielding and paying, Year- 
 ly/ 
 
The Prcprictors Second CHARTER, 
 
 j!y, to us, our Heirs and Succeflbrs, for the fame, the Fourth Part of all 
 'Gold and Silver Oar, which, within the Limits hereby granted, fliall, 
 from Time to Time, happen to be found, over and belides the Yearly 
 Rent of Tv^-enty M:irks, and the Fourth Part of the Gold and Silver 
 Oir, in and by the faid written Letters Patent referved and payable. 
 
 AND thp.t the Province or Territory hereby granted and defcribed, 
 may be dignified with as large Tythes and Privileges, as any other Parts 
 of our Dominions and Territories in that Region J Know ye. That we, 
 of our further Grace, certain Knowledge, and mere Motion, have 
 thought fit to annex the fame Trad; of Ground or Territory unto the 
 fame Province of C^;W/W; and out of the FuUnefs of our Royal Power 
 and Prerogative, wc do, for us, our Heirs and SuccefTors, annex and 
 unite the fame to the faid Province of Carolina^ 
 
 AND forafmuch as we have made and ordained the aforefaid Ed-^ 
 ward Earl oi Clarendon^ George Duke oi Albemarle ^ William Earl of Cra- 
 ven, yohn Lord Berkeley^ Anthony Lord AJl:ley, Sir George Carteret^ Sir 
 John Colleton, and Sir William Berkeley, their Heirs and AfTigns, the true 
 Lords and Proprietors of all the Province or Territory aforefaid j Know 
 ye therefore moreover. That we; repofing efpecial Trufl and Confidence 
 in their Fidelity, Wifdom, Juflice, and provident Circumfpe<flion, for 
 us, our Heirs and Succefibrs, do grant full and abfolute Power, by Vir- 
 tue of thefe Prefcnts, to them the faid Edward Earl of Clare?idori^ 
 George Duke of Albemarle, William Earl of Craven, "John Lord Berke- 
 ley, Anthony Lord AJhley, Sir George Carteret, Sir John Colleton, and Sir 
 William Berkeley, their Heirs and Afligns, for the good and happy Go- 
 vernment of the faid whole Province or Territory, full Power and Au- 
 thority, to ere(5t, conflitute, and make feveral Counties, Baronnies, and 
 Colonies, of and within the faid Provinces, Territories, Lands, and He- 
 reditaments, in and by the faid Letters Patents, granted, or mentioned 
 to be granted, as aforefaid, with feveral and diftindl Jurifdidrions, Pow- 
 ers, Liberties, and Privileges : And alfo, to ordain^ make, and enad:, 
 and, under their Seals, to publifli any Laws and Conftitutions whatfo- 
 ever, either appurtaining to the Public State of the whole Province or 
 Territory, or of any diftind ot particular County, Baronny, or Colony, 
 br of or within the fame, or to the private Utility of particular Per- 
 fons, according to their beft Directions, by and with the Advice, Af- 
 fent, and Approbation, of the Freemen of the faid Province or Terri- 
 tory, or of the Freemen of the County, Baronny, or Colony, for which 
 fuch Law or Conftitution fliall be made, or the greater Part of them, 
 or of their Delegates or Deputies, whom, for enacting of the faid Laws, 
 when, and as often as Need fhall require. We will, that the fliid Ed- 
 ward Earl of Clarendon, George Duke of Albemarle, William Earl of 
 Craven, John Lord Berkeley, Anthony Lord AJhley, Sir George Carteret^ 
 Sir John Colleton, and Sir William Berkeley, and their Heirs or Afligns, 
 ihall, from Time to Time, aflemble, in fuch Manner and Form as to 
 them fliall feem befl ; and the fame Laws duly to execute, upon all 
 People within the faid Province or Territory, County, Baronny, or Co- 
 lony, or the Limits thereof, for the Time being, which fhall be confli- 
 
 tutedj 
 
The Proprietors Second C H A R T E R, 
 
 tuted, under the Power, and Government of them or any of them, ei- 
 ther fliiling towards the faid Province,^ or Territory of Carolina, or re- 
 .turning from thence towards Eiigland, or any other of our, or Foreign 
 Dominions, by Impolition of Penalties, Imprifonment, or any other 
 Punifhment ; yea, if it iliall be needful, and the Quality of the Offence 
 require it, by taking away Member and Life, either by them the faid Ed~ 
 nvard Earl of CIare?ido??y George Duke of Albemarle, William Earl of Cra~ 
 "oen, John Lord Berkeley, Antlmiy Lord Ajhley, Sir George Carteret, 
 Sir 'John Colleton^ and Sir JVilliam Berkeky, and their Fleirs, or by them, 
 or their Deputies, Lieutenants, Judges, Juftices, Magiftrates, or Of- 
 ficers, whatfoever, as well within the faid Province, as at Sea, in fiich 
 Manner and Form as unto the faid Edward Earl of Clarejidon, George 
 Duke of Albemarle, William Earl of Craven, John Lord Berkeky, An- 
 thony hovd AJJs'ley, Sir George Carteret, Sir John Colleron, Siud Sir Wil- 
 liam Berkeley, and their Heirs, (hall feem moft convenient : And alfo, 
 to remit, reieafe, pardon, and abolifli, whether before Judgment or af- 
 ter, all Crimes and Offences whatfoever, againff the faid Laws ; and to 
 do all and every Thing and Things, which, unto the compieat Efta- 
 blilhment of Juftice, unto Courts, Seffions, and Forms of Judicature, 
 and Manners of proceeding therein, do belong, altho* in thefe Prefents, 
 exprefs Mention is not made thereof ; and by Judges to him or them 
 delegated, to award Procefs, hold Pleas, and determine, in all the faid 
 Courts and Places of Judicature, all Adticns, Suits, and Caufes, what- 
 foever, as well Criminal as Civil, real, mixt. perfonal, or of any other 
 Kind or Nature whatfoever : Which Laws fo as aforelaid to be pub- 
 lished, our Pleafure is, and we do enjoin, require, and command, fhall 
 be ablolutely firm and available in Law ; and that all the leige People 
 of us, our Heirs and Succeffors, within the faid Province or Territory, 
 do obferve and keep the fame inviolably in thofe Parts, fo far as they 
 concern them, under the Pains and Penalties therein expreffed, or 
 to be expreffed : Provided ncverthelefs. That the faid Laws be con- 
 fonant to Reafon, and as near as may be conveniently, agreeable to the 
 Laws and Cuffoms of this our Realm of E?igland. 
 
 AND becaufe fuch Affemblles of Freeholders cannot be fo fuddenly 
 called as there may be Occalion to require the fame, we do therefore, 
 by thefe Prefents, give and grant unto the faid Edward Earl of Claren^ 
 don, George Duke of Albemarle^ William Earl of Craven, John Lord 
 Berkeley, Antko?iy Lord j^hley. Sir George Carteret y Sir John Colleton^ 
 and Sir William Berkeley, their Heirs and Affigns, by thcmfelves, or 
 their Magiftrates, in that behalf lawfully authorized, full Power and 
 Authority, from Time to Time, to make- and ordain fit and wholfome 
 Orders and Ordinances within the Province or Territory aforefaid, or any 
 County, Baronny, or Province, within the fame, to be kept and obferved, 
 as well for the keeping of the Peace, as for the better Government of 
 the People there abiding, and to publifh the fame to all to whorn it 
 may concern : Which Ordinances we do, by thefe Prefents, ftraitly 
 charge and command to be inviolably obferved witliin the fame Pro- 
 vince, Counties, Territories, Baronnies, and Provinces, under the Pe- 
 nalties therein expreffed -, fo as fuch Ordinances be reafonable, and not 
 
 rep^g- 
 
The Proprietors Second CHARTER. 
 
 repugnant or contrary, but, as near as may be, agreeable to the Laws 
 and Statutes of this our Kingdom of Ef?gla?2d -, and lb as the fame Or- 
 dinances do not extend to the binding, charging, or taking aw*uy the 
 Right or Interell of any Perfon or PerfonSj in their Freehold, Goods, 
 or Chattels, whatfoever. 
 
 A N D to the End the faid Province or Territory may be the more 
 happily increafed, by the Multitude of People reforting thither, and 
 may likewife be the more flrongly defended from the Incurfions of Sa- 
 vages, and other Enemies, Pirates, and Robbers ; therefore, we, for 
 us, our Heirs and SuccelTors, do give and grant, by thefe Prefents, full 
 Power, Licence, and Liberty, unto all the Liege People of us, our 
 Heirs and SuccelTors, in our Kingdom of England^ and ellewhere, with- 
 in any other our Dominions, Illands, Colonies, or Plantations, (except- 
 ing thofe who Ihall be efpecialiy forbidden) to tranfport themfclves and 
 Families into the £iid Province or Territory, with convenient Shipping 
 and fitting Provifion ; and there to fettle themfelves, dwell, and inha- 
 bit : Any Law, Ad:, Statute, Ordinance, or other Thingj to the con- 
 trary, notwithflanding. 
 
 AND We will alfo, and of our efpecial Grace, for lis, our Heirs 
 and SuccefTors, do ftreightly enjoin, ordain, conltitufe, and command, 
 that the faid Province and Territory Ihall be of our Allegiance j and that 
 all and Angular the Subjects cmd Liege People of us, our Heirs and Suc- 
 ceffors, tranfported, or to be tranfported into the faid Province, and the 
 Children of them, and fuch as Ihall defcend from them there born, or 
 hereafter to be born, be, and fliall be Dennizons and Lieges of us, our 
 Heirs and Succeflbrs, of this our Kingdom of England^ and be, in all 
 Things, held, treated, and reputed, as the Liege faithful People of us, 
 our Heirs and SuccefTors, born within this our faid Kingdom, or any 
 other of our Dominions ; and may inherit or otherwifc purchafe and re- 
 ceive, take, hold, buy and polTefs, any Lands, Tenements, or Heredi- 
 taments, within the faid Places, and them may occupy and enjoy, fell, 
 alien, and bequeath j as likewife, all Liberties, Franchifes, and Privile- 
 ges, of this our Kingdom, and of other our Dominions afbrefaid, may 
 freely and quietly have, polTefs, and enjoy, as our Liege People, born 
 within the fame, v/ithout the Moleflation, Vexation, Trouble, or 
 Grievance^ of us, our Heirs and SuccefTors : Any A6t, Statute, Ordi- 
 nance, or Provifion, to the contrary, notwithflanding. 
 
 .AND farthefmoTe, that ouf Subjedls of this our faid Kingdom of 
 Ejigland^ and other our Dominions, may be the rather encouraged 
 to undertake this Expedition, with ready and chearful Means ; Know 
 ye, That we, of our efpecial Grace, certain Knowledge, and mere Mo- 
 tion, do give and grant, by Virtue of thefe Prefents, as well to the faid 
 Edward Earl of Clarendon, George Duke of Albemarle, William Earl of 
 Craven, 'John Lord Berkeley, Anthony Lord AJlAey, Sir George Carteret^ 
 Sir John Colleton, and Sir William Berkeley, and their Heirs, as unto all 
 others as fhall, from Time to Time, repair unto the faid Province or 
 Territory, with a Purpofe to inhabit there, or to trade with the Natives 
 
 b there- 
 
Vi The Prcpriefors Seco?id CHARTER. 
 
 thereof; full Liberty and Licence, to lade and freight, in every Port 
 whatfoever, of us, our Heirs and Succellbrs, and into the faid Province 
 of Carolina, by them, their Servants and AfTigns, to tranfport all and 
 fingular their Goods, Wares, and Merchandifes ; ?s likev^ife, all Sorts 
 of Grain whatfoever, and any other Thing whatfoever, neceffary for 
 their Food and Cloathing, not prohibited by the Laws and Statutes of 
 our Kingdom and Dominigns, to be carried out^ of the fame, without 
 any Let or Moieftation of us, our Heirs and Succellbrs, or of any other 
 our Officers or Minifters whatfoever ; faving alfo unto us, our Heirs and 
 Succeflbrs, the Cufhoms, and other Duties and Payments, due for the 
 faid Wares arid Merchandifes, according to the feveral Rates of the 
 Places from whence the fame Ihall be tranfported. 
 
 W E will alfoj and by thefe Prefents, for us, our Heirs and Succef- 
 fors, do give and grant Licence, by this our Charter, unto the faid Ed^ 
 ivard Earl of Clarendon, George Duke of Albemarle, William Earl of 
 Craven, John Lord Berkeley, Anthony Lord AJhley^ Sir George Carteret, 
 Sir 'John Colleton, and Sir William Berkeley, and their Heirs and Affigns, 
 and to all the Inhabitants and Dwellers in the Province or Territory a- 
 forefaid, both prefent and to come, full Power and abfolute Authority, 
 to import or unlade, by themfelves or their Servants, Fadors, or Af- 
 figns, all Merchandifes and Goods whatfoever that fhall arife of the 
 Fruits and Commodities of the faid Province or Territory, either by 
 Land or Sea, into any the Ports of us, our Heirs and SucceiTors, in our 
 Kingdom of England^ Scotland, or Ireland, or otherwifc to difpofe of 
 the faid Goods in the faid Ports ; and, if Need be, within One Year 
 next after the unlading, to lade the faid Merchandifes and Goods again 
 into the fame or other Ships ; and to export the fame into any other 
 Countries, either of our Dominions or Foreign, being in Amity with u$,' 
 our Heirs and Succeffors,- fo as they pay fuch Cuftoms, Subfidies, and 
 cither Duties, for the fame, to us, our Heirs and SucceiTors, as the rci^ 
 of our Subjects of this our Kingdom, for the Time being, fhall be bound 
 to pay ; beyond which,, we will not, that the Inhabitants of the faid 
 Province or Territory, fhall be any ways charged : Pro'vided nevertbelefsy 
 and our Will and Pleafure is, and we have further, for the Confidera- 
 tions aforefaid, of our fpecial Grace, certain Knowledge, and mere Mo- 
 tion, given and granted, and by thefe Prefents, for us, our Heirs and 
 SucceiTors, do give and grant unto the laid Edivard Earl of Clarendon^ 
 George Duke of Albemarle, William Earl of Craven^ John Lord Berke- 
 ley, Anthony Lord Afiley, Sir George Carteret^ Sir John Colleton, and Sir 
 William Berkeley y their Heirs and Affigns, full and free Licence, Power, 
 and Authority, at any Time or Times, from and after the Feaft of St. 
 Michael the Archangel, which fhall be in the Year of our Lord Chrifl 
 One Thoufand Six Hundred and Sixty Seven, as well to import and: 
 bring into any of our Dominions, from the faid Province of Carolina, 
 or any Part thereof, the feveral Goods herein after mentioned j that is 
 to fay. Silks, Wines, Raifins, Capers, Wax, Almonds, Oil^ and 0« 
 lives, without paying or anfwering to us, our Heirs and Succeflbrs, any 
 Cuflom, Impofl, or other Duty, for or in Refpedt thereof, for and du- 
 ring the Term and Space of Seven Years, to commence and be ac- 
 counted^ 
 
The Proprietors Second CHARTER. vii 
 
 counted from and after the Importation of Four Tons of any of the 
 faid Goods, in any one Bottomj Ship, or VefTel, from the faid Province 
 or Territory^ into any of our Dominions ; as alfo, to export, and carry 
 out of any of our DominionSj into the faid Province or Territory, Cuf- 
 tom-free, all Sores of Tools w^hich fhall be ufeful or necelTary for the 
 Planters there, in the Accommodation and Improvement of the Premi- 
 fes : Any Thing before in thefe Prefents contained, or any Law, Acl, 
 Statute, Prohibition, or other Matter or Thing, heretofore had, made, 
 cnaded, or provided, in any-Vvrifej notwithftanding, 
 
 AND further movt^ of our more ample and efpetial Grace, cer- 
 tain Knov^^ledge, and mere Motion, we do, for us, our Heirs and Suc- 
 ccffors, grant uiito the faid Edivard Earl of Clarendon, George Duke of 
 Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord 
 Ajhley, Sir George Carteret, Sir Jokn Colleton, and Sir IVilliam Berkeley^ 
 their Heirs and Affigns, full and abfolute Power and Authority, to 
 make, eredlj and conftitute; within the faid Province or Territory, and 
 the Ifles and Iflets aforefaid, fuch and fo many Sea-Ports, Harbours, 
 Creeks, and other Places, for Difcharge and unlading of Goods and 
 Merchandifes, out of Ships, Boats, and other Veffels, and for lading 
 of them, in fuch and fo many Places, with fuch Jurifdidlions, Privi- 
 leges, and Franchifes, unto the faid Ports belonging, as to them fhall 
 feem moft expedient ; and that all and fingular the Ships, Boats, and 
 other VeiTels, which fliall come for Merchandifes and trade into the 
 faid Province or Territory, or fliall depart out of the fame, fhall be 
 laden and unladen at futh Ports only as fhall be erefted and conftituted 
 by the faid Edward Earl of Clarendon, George Duke of Albemarle, Wil- 
 liam Earl of Craven, John Lord Berkeley, Anthony Lord AJhley, Sir 
 George Qarteret, Sir john Colleton, and Sir William Berkeley, their Heirs 
 and Affigns, and not elfewhere : Any Ufcj Cuflom, or Thing, to the 
 Contrary, notv^ithflanding. 
 
 AND we do further will, appoint, and ordain, and by thefe Pre- 
 fents, for usj our Heirs and Succeffors, do grant unto the faid Ed- 
 -ward Earl of Clarend-M, George Duke of Albemarle, Willia?n Earl of Cra- 
 ven, John Lord Berkeley, Anthony Lord Afiley, Sir George Carteret^, 
 Sir John Colleton, and Sir William Berkeley, and their Heirs and Affigns, 
 that they the faid Edward Earl of Clarendo?i, George Duke of Albe- 
 marle, William Earl of Craven, John Lord Berkeley, Anthony Lord AJh- 
 /9', Sir George Carteret, Sir John Colleton, and "Sir William Berkeley^ 
 their Heirs and Affigns, may, from Time to Time, for ever, have and 
 enjoy the Cuftoms and Subfidies, in the Ports, Harbours, Creeks, and 
 other Places within the Province aforefaid, payable for the Goods^ 
 Wares, and Merchandifes there laded j or to be laded or unladed ; the 
 faid Cuftoms to be reafonably affeffed, upon any Occafion, by them- 
 ^Ives, and by and with the Confent of the free People, or the greater 
 Part of the: 11, as aforefaid j to whom we give Power, by thefe Prefents, 
 for us, our Heirs and Succeffors, upon juft Caufe, and in due Propor- 
 iion^ to affefs and impofe the fame. 
 
 AN0 
 
Viii Tie. Proprietors Second C H A R T E R. 
 
 AND further, ' of our efpecial Grace, certain Knowledge, and mere 
 Motion, We have given, granted, and confirmed; and by thefe Pre- 
 fents, for us, our Heirs and SuccelTors, do give, grant, and confirm, 
 i unto the fiid Edvjard Earl of Clare?idon, George Duke of Albemarle^ 
 
 ! 7Vi Hi am Edii oi' Craven, John Lord Berkeley, Antbcjiy 'Lord Jfjley, Sir 
 
 ; George Carteret, Sir John Colleton, and Sir V/illtam Berkeley, their Heirs 
 
 and Affigns, full and abfolute Power, Licence; and Authority, that 
 tiicy the laid Edivard Earl of Clarendon, George Duke of Albemarle^ 
 I William Earl of Craven, John Lord Berkeley, Anthony Lord AJhley, Sir' 
 
 tr George Carteret, Sir John Colleton, and Sir V/illiam Berkeley, their Heirs 
 
 ti and Afligns, from Time to Time hereafter, for ever, at his and their 
 
 1 Will and Plcafure, may affign, alien, grant, demife, or enfeoff, the 
 
 y Premifes, or any Part or Parcel thereof, to him or them that fhall be 
 
 i willing to purchafe the fame, and to fuch Perfon and Perfons as they 
 
 fliall think fit j to have and to hold to theih, the faid Perfon or Perfons, 
 i their Heirs and Affigns, in Fee-Simple, or in Fee-Tail, or for Term of 
 
 / Life or Lives, or Years ; to be held of them the faid Edward Earl of 
 
 ■ Clarendon, George Duke of Albemarle, William Earl of Craven, John 
 
 Lord Berkeley, Anthony Lord AJhley, Sir George Carteret, Sir John Col- 
 leton, and Sir William Be/keley, their Heirs and AfTigns, by fuch Renis, 
 Services, and Cuftoms, as fliall feem fit to them the faid Edicard Earl 
 of Clarendon, George Duke of Albemarle, William Earl of Craven, John 
 Lord Berkeley, Anthony Lord AJhley, Sir George Carteret, Sir John Colle- 
 ■ ton, and Sir William Berkeley, their Heirs t\A Affigns, and not of us, 
 
 our Heirs and SuccelTors : And to the fame Perfon and Perfons, and to 
 all and every of them, we do give and grant, by thefe Prcfcnts, for us, 
 our Heirs and Succelibrs, Licence, Authority, and Power, that fuch 
 Perfon or Perfons may have and take the Premifes, or any Part thereof, 
 of the laid Edward Earl of Clarendon, George Duke of Albemarle, Wil- 
 liam Earl of Craven, John Lard Berkeley, Anthony Lofd AJl^ley, Sir 
 George Carteret, Si'r John Colleton, and Sir William B}rkeley, their Heirs' 
 and Affigns ; and the fime to hold to themfelvcs, their Heirs and Af- 
 figns, in what Eftate of Inheritance foever, in Fee-Simple, or Fee-Tail, 
 or other wife, as to them the faid Edward Earl of Clarendon, George 
 Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An- 
 thony Lord Ap^ley, Sir , George Carteret, Sir John Colleton, and Sir Wil- 
 liam Berkeley, their Heirs or Affigns, fhall feem expedient j the Statute 
 in the Parliament of Edward, Son of King Henry, heretoiore King of 
 Englaiid, our PredecefiTor, commonly called the Statute of ^ia emptores 
 \terrar, or any other Statute, Aft, Ordinance, Ufe, Law, Cuflom, or 
 -any other Matter, Gaufe, or Thing, heretofore publiffied or provided 
 to the contrary, in any-wife, notwithflanding. 
 
 A N i) beCaufe many Perfons, born and inhabiting in the faid Pro- 
 vince, for their Deferts and Services, may expeft and be capable of 
 Marks of Honour and Favour, which, in Refpeft of the great Difi:ance, 
 cannot be conveniently conferred by us j our Will and Pleafure there- 
 fore is, and we do by thefe Prefents, give and grant unto the faid E^- 
 w^r^ Earl of Clarefidon, George Duke of Albemarle, William Earl of Cr^- 
 "i^en, John Lord Berkeley, Anthony Lord Apley, Sir George Carteret, 
 
Tbe Froprietors Second CHARTER. 
 
 3ir JcJm CoI!ct077, and Sir JViUiam Berkeley^ and their Heirs and Affigns, 
 full Power and Authority, to give and confer unto and iipon fiich of 
 the Inhabitants of the laid Pr.ovincc or Territory, as they fhall think 
 do or fhall merit the fame, luch Marks of Favour and Titles of Ho- 
 nour, as they fliall think lit; fo as their Titles or^Honours be not the 
 fame as are enjoyed by or conferred upon any of the Subjeds of this 
 our Kingdom oi Rngland. 
 
 AND filrther alio, we do, by thefc Prefents, for us, our Heirs and 
 SuccelTors, give and grant Licence, to the faid Edward Earl of Cla- 
 re7idon^ George Duke of Albemarle, WilUajn Earl of Craven, yohn Lord 
 Berkeley, Anthony Lord AJhlcy, Sir George Carteret, Sir "John Colleton, 
 and Sir William Berkeley, and their Heirs and Affigns, full Power, Li- 
 berty, and Licence, to eredt, raife, and build, within the faid Province 
 and Places aforeiliid, or any Part or Parts thereof, fuch and fo many 
 Forts, FortrelTes, Caflles, Cities, Boroughs, Towns, Villages, and other 
 Fortifications whatfoever ; and the fame, or any of them, to fortify and 
 furnifli with Ordinance, Powder, Shot, Armour, and all other Wea- 
 pons, Ammunition, and Habiliments of War, both defcnfive and of- 
 fenfive, as fliall be thought ft and convenient, for the Safety and Welfare 
 of the faid Province and Places, or any Part thereof; and the fame, 
 or any of them, from Time to Time, as Occafion lliall require, to dlf- 
 mantle, disfurnilh, demollfli, and pull down : And alfo to place, con- 
 ftltute, and appoint, in or over all or any of the faid Caltles, Forts, 
 Fortifications, Cities, Towns, and Places aforelaid. Governors, Deputy- 
 Governors, Maglilrates, Sherlfs, and other Officers, Civil and Military, 
 as to them fhall fcem meet : And to the faid Cities, Boroughs, Towns, 
 Villages, or any other Place or Places, within the, laid Province or Ter- 
 ritory, to grant Letters 6r Charters of Incorporation, with all Liberties, 
 Franchifes, and Privileges, requlfite or ufual^ or to or within this our 
 Kingdom oi England granted or belonging ; and In the^fame Cities, Bo- 
 roughs, Tov/ns, and^ other Places, to conflitute, eredt 'and appoint fuch 
 and fo many Markets, Marts, and Fairs, as fhall, in that Behalf, be 
 thought fit and necelTary : An# fiirther alfo, to ered and make In the 
 Province or Territory aforefaid, or any Part thereof, fo many Manors, 
 with fuch Signories as to them Ihall feem meet and convenient ; and In 
 every of the fame Manors to have and to hold a Court-Baron, with all 
 Things whatfoever which to a Court-Baron do belong ; and to have and 
 to hold Views of Frank-Pledge and Court-Leets, for the Confervatlon 
 of the Peace^and better GoVernrnent of thofe Parts, with fuch Limits, 
 Jurlfdiaions* and Precinas, .as by the faid Edward Earl of Clarendon, 
 George Duke oi Albemarle* William Earl of Craven, "John Lord Berkeley , 
 A?ithony Lord AJhley, Sir George Carteret, Sir John Colleton, and Sir Wil- 
 liam Berkeley, or their Heirs, Ihall be appointed for that Purpofe, with 
 all Things whatfoever which to a Court-Leet, or View of Frank- 
 Pledge, do belong ; the fame Courts to be holden by Stewards, to be 
 deputed And authorlfed by the faid Edward Earl of Clare?idon, George 
 Duke of Albetnarle, William Earl of Craven, John Lord Berkeley, An- 
 thony .Lord Ajliley, Sir George Carteret, Sir John Colleton, and Sir Wil- 
 liam Berkeley, or their Heirs, by the Lords of the Manors and Leets^ 
 for the Time being, when the fame ihall be creded. 
 
 c AND 
 
The Proprietors Second C H A R 1' E R. 
 
 f 
 
 AND becaufe that in fo remote a CountrVj and fituate among fo 
 many barbarous Nations, tlie Invafions of Savages and other Enemies, 
 Pirates, and Robbers, may probably be feared j therefore, we have given, 
 and for us, our Heirs and SuccciTors, do give Pov/er, by thefe Prefents, 
 unto the faid Edward Earl of Clarendofi^ George Duke of Albcjnarlc^ 
 William Earl of Cj-a'ven, yohn Lord Berkeley, A?ithony Lord Ajhley, Sir 
 George Carteret, Sir 'John Colleton, and Sir Williajn Berkeley, their Heirs 
 or Affigns, by themfelves, or their. Captains, or other Officers, to levy, 
 mufter, and train up all forts of Men, of v/hat Condition foever, or 
 wherefoever born, whether in the faid Province, or elfewhere, for the 
 Time being j and to make War, and purfue the Enemies aforefaid, as 
 well by Sea, as by Land ; yea, even without the Limits of the faid Pro- 
 vince, and, by God's Affiftance, to vanquifli, and take them j and being 
 taken, to put them to Death, by the Law of War, and to fave them at 
 their Pleafure, and to do all and every other Thing, which to the Charge 
 and Office of a Captain General of an Army, hath had the fame. 
 
 Alfo, our Will and Pleafure is, and by this our Charter, we do 
 give and grant unto the faid Edivard Earl of Clarendon, George Duke 
 of Albemarle, WilUa?n Earl of Craven, John Lord Berkeley, Anthojiy 
 Lord AJJjley, Sir George Carteret, Sir yohn Colleton, and Sir JVillia?n 
 Berkeley, their- Heirs and Affigns, full Power, Liberty, and Authority, 
 in Cafe of Rebellion, Tumult, or Sedition, (if any fliould l:iappen,. 
 which God forbid) either upon the Land within the Province afore- 
 laid, or upon the main Sea, in* making a Voyage thither, or returning 
 from thence, by him and themfelves, their Captains, Deputies, or Of- 
 ficers, to be authorized under his or their Seals, for that Purpofe ; to 
 whom alfo, for us, our Heirs and Succefibrs, we do give and grant, 
 by thefe Prefents, full Power and Authority, to exercife Martial Law 
 againft any mutinpus and feditious Perfons of thefe Parts ; fuch as fhall 
 tefufe to fubmit themfelves to their Government, or fhall refufe to ferve 
 in the War, or fliall fly to the Encm)' or forfake their Colours or 
 Enfigns, or be Loyterers, or Straglers, or otherwife offending againfl 
 Law, Cuftom, or Military Difcipline ; as freely and in as ample Man- 
 ner and Form, as any Captain-General of an Army, by Virtue of his 
 Office, might or hath accuftomed to ufe the fame. 
 
 AND our further Pleafure is, and by thefe Prefents,. for us, our 
 Heirs and Succeffors, we do grant unto the faid Edivard Earl of Cla~ 
 rendon, George Duke of Albe^narle, William Earl of Craven, John Lord 
 Berkeley,' Ajithony Lord Apley, Sir George Carteret, Sir John Colleton^ 
 and Sir William Berkeley, their Pleirs and Affigns, and to the Tenants 
 and Inhabitants of the faid Province or Territory, both prefent and to 
 come, and to every of them,' that the faid Province or Territory, and 
 the Tenants and inhabitants thereof, Ihall not, from henceforth, be 
 held or reputed any Member, or Part of any Colony whatfoevcr in 
 America, or elfewhere, now tranfported or made, or hereafter to be 
 tranfported or made ; nor fhall be depending on, or fubjed: to their Go- 
 \yemment in any Thing, but be abfolutely feparated and divided from 
 
 the 
 
The Proprietors Second CHARTER. xl 
 
 the fame; and our Ple?fure is, by thefe Prefents, that they be feparated, 
 and that they be fubje(5t immediately to our Crown of England, as de- 
 pending thereof, for ever : And that the Inhabitants of the faid Province 
 or Territory, nor any of them, fhall, at any .Time hereafter, be com- 
 pelled, or compellablej or be any way sfubjcd or liable to appear or an- 
 fwer to any Matter, Suit, Caufe or Plaint whatfoever, out of the Pro- 
 vince or Territory aforefaid, in any other of our Iflands, Colonics, or 
 Dominions in Amcrkc, or elfewhere, other than in our Realm of 
 England, and Dominion of Wales. 
 
 AND becaufe it may happen that* fome of the People and Inhabi- 
 tants of the faid Province, cannot, in their private Opinions, conform 
 to the Public Exercifs of Religion, according to the Liturgy, Forms, 
 and Ceremonies of the Church of England, or take and fubfcribe the 
 Oaths and Articles made ai'id eflabliflied in that Behalf j and for that the 
 fame, by Reafon of the remote Dillances of thofe Places, will, as we 
 hope, be no Breach of the Unity and Conformity eflabliflied in this Nati- 
 on ; our Will and Pleafure therefore is, and we do, by thefe Prefents, for 
 us, our Pleirs and Succeflbrs, give and grant iinto the faid Edward 
 Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, 
 "John Lord Berkeley, Anthony Lord Afiley, Sir George Carteret, Sir yohn 
 Colleton, and Sir William Berkeley, their Heirs and Affigns, full and free 
 Licence, Liberty, and Authority, by fuch Ways and Means as they 
 fhall think iit, to give and grant unto fuch Perfon and Perfons, inha- 
 biting and being within the faid Province or Territory, hereby, or by 
 the faid recited X^etters Patents mentioned to be granted as aforefaid, or 
 any Part thereof, fuch Indulgences and Difpenfations, in that Behalf, 
 for and during fuch Time and Times, and with fuch Limitations and 
 Reftridlions, as they the faid Edward 'Ezvl of Clarendon, George Duke of 
 Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord 
 AJhley, Sir George Carteret, Sk'jfohn Colleton, and Sir William Berkeley ^ 
 their Heirs or Aifigns, ihall, in their Difcretion, think fit and reafonable: 
 And that no Perfon or Perfons unto whom fuch Liberty fhall be given, 
 fliall be any way molefled, puniflied, difquieted, or called in Queftion, 
 for any Differences in Opinion, or Practice in Pvlatters of religious 
 Concernments, who do not actually diflurb the Civil Peace of the Pro- 
 vince, County or Colony, that they lliall make their Abode in : But 
 all and every fuch Perfon and Perfons may, from Time to Time, and at 
 all Times, freely and quietly have and enjoy liis and their Judgments 
 and Confciences, in Matters of Religion, throughout all the laid Pro- 
 vince or Colony, they behaving themfelves peaceably, and not ufing 
 this Liberty to Licentioufnefs, nor to the Civil Injury, or outward Di- 
 flurbance of others : Any Law, Statute, or Claufe, contained or to be 
 contained, Uiage or Cuftom of our Realm of England, to the contrray 
 hereof, in any-wife, notwithflanding. 
 
 A N D in Cafe it fhall happen, that any Doubts or Queflions flialt 
 arife, concerning the true Senfe and Underflanding of any Word, 
 Claufe, or Sentence contained, in this our prefent Charter; we will, 
 ordain, and command, that in all Times, and in all Things, fuch In- 
 terpret 
 
xii The Froprieton Second C H A R T E R. 
 
 terpretations be made thereof, and allowed in all and every of our Courts 
 ivhatfoever, as lawfully may be adjudged moft advantageous and favour- 
 able to the faid Edward Earl of C/arendon, Gecrge Duke of Albemarle^ 
 William Earl of Craven, John Lord Berkeley, Anthony Lord Apley, 
 Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their 
 Heirs and Affigns, although exprefs Mention, ^c. 
 
 WITNESS Ourfelf, at Wejlminfier, the Thirtieth Day of June, 
 in the Seventeenth Year of Our Reign. 
 
 Rer ipfum Regem, 
 
 
GREAT DEED of GRANT. 
 
 GEORGE Duke oi Albemarle, Mafter of his Majefly's Horfe ; Ed'- 
 ward Earl of Clarendon j William Earl of Craven j 'John Lord Ber^ 
 keley 3 Anthony Lord AJIJey, Chancellor of the Exchequer ; Sir 
 George Carteret ^ Vice-Chamberlain of his Majefty's Houfhold j Sir 
 William Berkeley, Knight j and Sir 'John Colleton^ Baronet j the tru« 
 and atffolute Lords Proprietors of all the Province of Carolina. 
 
 Yo our trufty and well-beloved S AMU EL STEP HElSfS, Efqj 
 Governor of our County of Albemarle^ and the liles and lilets within 
 Ten Leagues thereof) and to our trufty and well-beiovedCounciU 
 lors and Affiftants to our faid Governor. Greetings 
 
 WH E R E A S we have received a Petition from the Grand 
 AfTembly of our County o£ Albemarle, praying, That the 
 Inhabitants of the faid County liiay hold their Lands upon 
 the fame Terms and Conditions that the Inhabitants of* 
 Plrginia hold theirs j and forafmuch as the faid County doth border 
 upon Virginia, and is much of the fame Nature, We are content, and 
 do grautj that the Inhabitants of the faid County do hold their Lands 
 of us, the Lords Pfoprietors^ upon the fame Terms and Conditions that 
 the Inhabitants of Virginia hold theirs : WHEREFORE, be it 
 known unto all Meni by thefe Prefents, That wcj the faid Lords and 
 abfolute Proprietors of the County within the Province aforefaid, have 
 given, grantedj and by thcfc Prefents, do give and grant, full Power 
 iand Authority unto ^ou, the faid Governor, by and with the Confent of 
 our Council, or the major Part thereof^ or to any Governor for the 
 Time being, or that fhall hereafter be by us appointed, full Power and 
 Authority^ by and with the Confent of our Council then being, or the 
 tnajor Part thereof, to convey and grant fuch Proportions of Land, as, 
 by our Inftrud:ions and Conccflions, annexed to our Commiflionj bear- 
 ing Date in OBober, Anno Dom. ttby^ we have appointed, to fuch 
 Perfons as fhiall come into our faid County to plant or inhabit 3 to be 
 held of us 4 dur Heirs and AflignSj upon the fame Terms and Condi- 
 tionSj that Land is at prcfent ufually Granted in Virginia 3 any thing in 
 our Inflructions and Concefhons aforefaid to the contrary, notwithftand- 
 ing : And we do hereby Declare and Confent, that the Warrant to the 
 Surveyor for the laying out of faid Land^ and the Return thereon, be- 
 ing Regiftred, and alfo the Grant of you our faid Governor and Coun* 
 di, that Ihall be where fuch Land is due having the Seal of the Country 
 affix'd to it, and figned by your felf, and major Part of our Council^ 
 for the Time being, being Regiftred, fhall be good and effed:ual in 
 LaWj for the Enjoyment of the faid Land or Plantation, and all the 
 Benefits and Profits of, and in the fame, (except one half of all Gold 
 and Silver Mines) to the Party to whom it is granted, his Heirs and 
 Affigns, forever, he or they performing the Conditions aforefaid. 
 
 GIVEN under our Hands ^ and Gnat Seal of our Province, the 
 frji of May, A/mo Dom. 1668. 
 
 Albemarle, Craverti 
 Berkeley, AJloleyy 
 
 Carteret^ dlletoH^ 
 
/ 
 
 l../-^>-l^^'> 
 
LA IV S of North-Carolina. 
 
 A D. 1715. 
 
 
 i ^ K ^(A^i ^uiS Wl ^ ^ 
 
 akl '^ »ki. iif^ ^i. ^'l ^i^ 4s)^ ^(i\L^i/2)^ ^kt ^'^ aa<^^ 9M. 4i)<^ ^^-^^ 
 
 ANNO REGNI 
 
 G E O R G I I I 
 
 Regis Magnae, Britanniae, Franciae^ &; Hi- 
 herniae, Secundi. ^ -' 
 
 At a General Biennial ASSEMBLY, held at the Houfe ^"^^.'e^ 
 of Capt. Richard SaackrJoN, at Ltttk River, begun the °'''"""'' 
 I'/th Day oi November, 17 15, and continued, by leveral 
 Adjournments, until the 19th Day of J<wumj, 1715. 
 
 C H A P. I. 
 
 An Adf, concerning Marriages. OBSOLETE. 
 
 C H A P. II. 
 
 An ASfy concerning Transferring Rights. O B S. 
 
 CHAP. III. 
 
 An A5fy concerning Defraying the Charges of the Governor and CounciL 
 
 OBS. 
 
 C H A P. IV, 
 
 An ASly Prohibiting Strangers Trading with the Indians. O B S» 
 
 A 
 
 W H iV ha 
 
L A IV S of North-Carolina. 
 
 ji. D. 1715. 
 
 CHAP. V. 
 
 Jin ABy for the fpeedy Settlement of Lands. O B S. 
 
 CHAP. VI. 
 
 An A6tf Exempting New-Comers from paying Levies for One Tear. 
 
 OBS. 
 
 CHAP. VII. 
 
 ^fu^'i^^i'^' -^^ -^^■> fi^ ^^■'^ better ohferving the Lord's Day called Sunday, the ^oth 
 0/ January, the 29/^ 0/ May, and the 22d oj September; and alfo for 
 the SuppreJJing Prophanenefs^ Immorality ^ and divers other vicious and 
 enormous Sins, 
 
 CHAP. VIII. 
 
 Rep. by Art, A- jf^ j^^ ^ for EJlabUJhing the Churchy and appointing feleB Vefiries. 
 
 C H A P. IX. 
 
 The SubftjDce of ^n AB^ for Liberty of Co?fcience, and that the Solemn Afirmation of the 
 for'b^ o,rf vS People called fakers JJ^all be accepted, infiead of an Oath in the ufual 
 
 Statutes of En. Vnrm 
 
 gland, mnrte in rUI m. 
 
 Force in this 
 
 Prnvince by Aft, _____^.^____^_^__________^_^______________^______^_^._____^_^^_______.„ ._______,_» 
 
 oa. i6, 1749. 
 
 CHAP. X. 
 
 Rep. by Vs Ma. An A5l , relating to the Biennial^ and other Affemblies^ and regulating 
 3e y I r er. EleSlions and Me?nbers. 
 
 CHAP. XI. 
 
 Coroners appointed. 
 
 I. TJ E it Enacted, hy his Excellency the Palatine, and the reft of the true and 
 X3 al^folute Lords Proprietors of Carolina, by and with the Advice and Con' 
 
 fent of this prefent General AJfembly, now met at Little River, for the North Eaft 
 Snt"" c !on?r'. P^rt of the faid Province, and it is hereby Enacted, That there fliall be one able 
 dna'T" ^"" ^"^ fubftantial Freeholder appointed, to be Coroner in every Precind which now 
 'riiiiion, ^ *^'""' is, or hereafter fhall be laid out within this Government •, which Officer the Go- 
 
 vernor 
 
L A IV S of North-Carolina. 
 
 vernor or Commander in Chief tor the Time being is hereby defired, authorifed, 
 and impowered, by Commiffion, under his Hand and Seal, to commiffionate 
 and appoint ; who Ihall, by Virtue of this Ad, and fuch Commifllon granted 
 thereupon, be fully invefted with all fuch Powers and Authorities as to the Office 
 of a Coroner, by the Laws and Cuftoms of the Kingdom of Great-Britain^ doth 
 of Right belong or appertain. 
 
 II. AND be it further Enable d, by the Authority aforefaid^ That every Core- corontr-s Fee 
 ner fo appointed, may, and he is hereby impowered, to take and receive, for *^'- *'^- 
 every Inqueft by him made and taken, and returned into the Secretary's Office, 
 
 (which he is hereby required, direfted, and commanded, within Three Months, 
 after the Date, to do,) the Sum of Sixteen Shillings and Eight Pence, for his 
 own Fee. 
 
 III. AND be it further EnaSied, by the Authority aforefaid. That each Jury- Each jurymaa 
 man Ihall be paid the Sum of Twelve Pence fer Diem, and the Conftable who cinftfbL^iTi 
 fummoneth the Jury, the Sum of One Shilling for every Juryman ; the Whole for each jaryl 
 to be levied, by a Warrant from the Coroner, upon the Eftate of the Party on "^^^.u^ '^*'"" 
 whofe Body any Inqueft fhall be taken, if any fuch can be found : Otherwife fuch 
 
 Charges to be paid out of die Public Treafury. 
 
 CHAP. XII. 
 
 An ASIy for ^alifcation of Public Officers. O B S. 
 
 CHAP. XIII, 
 
 An A5ly to appoint Conjlables, Rep. by Aa, a. 
 
 CHAP. XIV. 
 
 An AB, relating fo the Jujlices of the Court of Tie as ^ and to prevent the Rep. by as, 
 Commijjjoners and other inferior Officers of the faid Court ^ pleading as ^"' ^' '^'^^° 
 Attornies, 
 
 CHAP. XV. 
 
 An AB, afcertaining the Time and Method for the Executing and Return Rep. by as, 
 of Original IVrits ', and for the better regulating divers Proceedings in ^"'^* *^*** 
 the Court of Pleas, 
 
 CHAE 
 
L A H^ S o/' North-Carolina. 
 
 ^ D. 1715. 
 
 CHAP. XVI. 
 
 jin A5iy to direB the Method to he obferwd, in the Examination and Corn- 
 
 viitmcnt of Criminals. 
 
 'B 
 
 E h EnoEled^ hy his Excellency the Palatine, and the reji of the true and 
 _ and o.bjcliite herds Proprietors of Carolina, by and wUh the Advice and 
 
 Conjivt of this prefent General /jjfcmbly, new met at Little River, for the North- 
 1^0 Perfon ftiii ^^^^ Part of the Jaid Province^ and it is hereby EnaSicd^ That from hencefor- 
 K c, mir tird, ward, no Pcrfon within this Jt"rovince fhall be committed to i'rifon fqr any Cri- 
 wt ,ait xami. fj^ij^^i ]y|ytj.(^j., until Exainination thereof be firft had before fome Magiftrate ; 
 '^ '^ '^TL.f If ^^^"^^"^ Magiftrate fhall admit the Party to Bail, if bailable, and fhall record the 
 b-Jab!.'. ' ' ' Examination ot the Party, and alfo the full Matter given in Evidence, both a- 
 shaii Record th^ gainft him and for him, with all concurring Circumftances j and (hall take Re- 
 thr Matter g'vcn cognlzance, with good and fufficient Securities, to our Sovereing Lord the King, 
 *"i^t "^Tnd' f!.r ^^^ ^^^ Intormer to appear and profecute, as the Laws of the Kingdom of Creat- 
 h ni. ' Britain and this Province do dircd: \ and likewife for all Evidences for the King 
 
 r^n'zlnci^ ^r ^o appear, and give Evidence againft the Criminal, at the next Court, where the 
 pr'^fout , nd Matter is cognizable, enfuing fuch Examination : Which Examination and Re- 
 And^fhilwaun cognizanccs fo taken, fhall be returned to the Office of the Court wherein the 
 aii !.■ the next Matt T Is to bc tried, under the ir'enalty of Five Pounds for every Negkdl j 
 Mautr'^is "to'be Cne Half to the Lords Proprietors, and the other Half to him or them that fhall 
 tn.ii, undrrPe- fy^. fpj. j-j-jg fame I To be recovered, in any Court within this Government, by 
 sYc'ry Ncgkft, ' Adtion of Debt, Bill, Plaint, or Information; wher.in no Efibin, Protedtion, 
 
 Injundion,. or Wager of Law, Ihall be allowed or admitted of. 
 
 Rep. by Aft, 
 Dti. 5, 1746, 
 
 CHAP. XVII. 
 
 An AB^ concerning Evidences. 
 
 CHAP. XVIII. 
 
 J-p- ^y ^Aa. ^fj ^^^ j-Qf. fhe Relief of fuch Creditors whofe Debtors having Lands in 
 Chap 2.' '^'^ ' this Government y depart , without lcavi?ig Ferfonal EJlate fufficient to 
 pay their Debts. 
 
 CHAP. XIX. 
 
 An AB, concerning Efcapes of Perfons under Execution. O B S. 
 
 CHAPo 
 
A u .71 J. 
 
 L A IV S of North-Carolina. 
 CHAP. XX. 
 
 An ABy to direB^ the Difpofal of Goods taken upon Execution ; and for 
 the better Regulation of Difrcjj'es hereafter to be made^ for Levies and 
 ^dt-Rents. 
 
 I. 13 E it Enacted, by his Excellency the Palatin, and the reji of the true and oh- 
 _|3 foliite herds Proprietors of Carolina, by and with the Advice and Confent 
 cf thu prefent General /iff embly, now met at Little River, for the North Eaft Part 
 
 cf the faid Province, and by the Authority of the fame, it is hereby Enacted, That where Gncdsars 
 
 in all Cafes whatfoever, where any Goods or Chattels fhall be taken upon Exccu- "'^■" ''^rf^7" 
 
 tion, granted, or hereafter to be granted out of any Court, or by Ciftrefs for th"v(h,.;i,e'M'a 
 
 Taxes and Quit-Rents, the fame fliall remain in Cuftody of the Frovoft Marflial, \f'^^^l ff"^^ 
 or his Deputy, Conftable, or fuch other Perfon levying or making Execution or ^' f rcud im'd, 
 
 Diftrefs, tor and during the Space of Ten Days •, at the Determination of which ^^^Jt\, ''Vreel 
 
 Time, (if they are not before redeemed by the Perfon from whom they Wv.re hoid..rs, 2 to be 
 
 taken,) they Ihall be appraifed by four fubftantial Freeholders of the County, p^^t''] ^'' "'*" 
 two to be chofen by the Party from whom they were taken, and the other two 
 
 by the Party that is to be poflefTed of the fame ; and in Cafe it happens that both, ifanyP.ny u\\ 
 
 or either Party or Parties, fliall not make fuch Choice as arorefaid, then the faid '>'"i'^„Apprai- 
 Marilial,. or his Deputy, Conftable, or other Perfon, levying or making fuch m'/k.: cho/crfor 
 
 Execution or Diftrefs, fliall make Choice, in Behalf of him, her, or them, who *""' 
 
 fhall fo negled to make Choice ; and if the Appraifers fo nominated and ap- if Appraifers 
 
 pointed, (being firft fworn before fome Magiftrate,) cannot agree in their Ap- ""'t agi«,they 
 
 praifement, then the faid Appraifers, or any Three of them, fhall, and they are Umpire,"" who" 
 
 hereby im,powered and required, to choofe an Umpire, who (being alfo fworn as j!;"^ '^^'"''"'I'''^' 
 
 aforefaid,) fliall determine the Matter ; and the Property of fuch Goods fo ap- Mt-r. 
 
 praifed fliall forthwith be in and to the Party for whom they were taken, he or '^^^^ c^i^'^Vlx 
 
 they returning the Overplus (if any be) to the Perfon whofe Goods or Effects b<= in tin- Psny 
 
 fhall be fo taken in Execution, or diftrained upon and appraifed, after the orio-i- tere'^nk'Tn '""re^ 
 
 nal Debt, with all accruing Cofts, are fitisfled and paid out of the fame. turning Ovt'rpiu* 
 
 if any. 
 
 II. P RO VI I) E D always. That in all Cafes where the Sum taken by Execu- if the Sum do 
 
 tion or Diftrefs, fliall not exceed Fifty Shillings, there fliall be onlv Two Ad- T ""^'^ ^°'- 
 
 ■r u ii 1 J 1 • ir^-, ■' ^'^ -^-^j^ then tnly two 
 
 ■prailers, to be equally elected and nominated, as aforefaid. Appraifeis. 
 
 in. AND be it further EnaBed, by the Authority aforefaid. That the Provoft- Execution to be 
 
 Marflial, or his Deputy, after Execution levied, fliall make Return of the Exe- rnd^lSe^eS! 
 cution to the Court that granted it, tliere to be entered upon Record ; that fo 
 the Satisfaction, as well as the Judgment, may be apparently proved, if Need 
 require. 
 
 CHAP. XXI. 
 
 An AB, cojicerning Attornies from Foreign Parts, and for giving Priority Rep. by his Ma. 
 
 to Country Debts. j<^fty'' order, in 
 
 Council. 
 
 CHAP. 
 
L A W S of North-Carolina. 
 
 ^. D. 17 1 5. 
 
 Rep. by Am, 
 Dec. 5, 1746. 
 all but thegih & 
 loth Scdlioiis ; 
 which are as fol- 
 law. 
 
 CHAP. XXII. 
 
 A» ABy coyicerning Appeals ^ and Writs of Error. 
 
 IX. T) £ it Enacted^ hv his Excellency the Palatine, and the reft of the true 
 JL) and abfolute Lords Proprietors of Carolina, by and with the Advice and 
 'Confent of this prefent General Affemhly^ new met at Little River, for the North- 
 Eait Part of the faid Province^ and by the Authority of the fame, it is hereby En- 
 acted^ That in Cafe any Suit or Matter fhould arife in the Court of Chancery, 
 where the Governor or Commander in Chief of this Government for the Time 
 being, may be a Party, or intereftcd therein, it fliall and may be lawful for any 
 Four of the Members of the Court to fit and aft therein, as tho' the faid Gover- 
 nor or Commander were prefent, and not any ways interefted, or a Party therein. 
 
 X. AND he it further Ena^ed, by the Authority aforefaid. That from and 
 after the Ratification of this A6t, every Member of the Council, or Lords Pro- 
 prietors Deputy, Ihall, upon his entering into that Office, and before he prefumes 
 to give his Opinion or Determination in any Caufe that fliall come before him, 
 take an Oath, That he will do Right to all Manner of Perfons, according to the 
 beft of his Judgment and Underftanding of the Laws and Ufages of the King- 
 dom of Great-Britain, under the Penalty and Forfeiture of One Hundred Pounds 
 for every Month he ihali negled or refiife to take the fame •, One Half to the 
 Lords Proprietors, the other to him or them that fliall fue for the fame : To be 
 recovered, by Adion of Debt, Bill, Plaint, or Information, in any Court of Re- 
 cord within the Government ; wherein no EflToin, Injundion, troteftion, or "Wa- 
 ger of Law fliall be allowed or admitted of. 
 
 Rtp. byAa, 
 Marib 6, 1738, 
 Chap. 6. 
 
 CHAP. xxin. 
 
 An ASl, to prevent the Inhabitants of Bath County bringing ABions in the 
 General Court againjl one another, for lefs than 'Ten Pounds. 
 
 Rep. by Aa, A- 
 fril^, 1741. 
 Chap. 15. 
 
 CHAP. XXIV. 
 
 An ABy for the Tryal offmall and mean Caufes. 
 
 Rep. by Aft, A. 
 
 pril/^, 1740. 
 
 Chap. iz. 
 
 CHAP. XXV. 
 
 An ABy for the better Regulation of the Militia of this Government. 
 
 The fubjeft Mat- 
 ter of this Aifl 
 regulated by the 
 King's Inftrufti- 
 ons and Orders of 
 Government 
 liere, therefore 
 ObfoJtte, 
 
 CHAP. XXVI. 
 
 The Form of a Patent. 
 
 CHAR 
 
LA W S of North-Carolina. 
 
 A. D. 1715. 
 
 CHAP. XXVII. 
 
 An A5l, concerning old Titles of Lands; and for Limitation of ASlions^ 
 and for avoiding Suits in Law. 
 
 I.TTT'HEREAS great Suit, Debate, and Controverfy hath heretofore Preamble. 
 
 W been, and may hereafter arife, by Means of ancient Titles to Land de- 
 rived trom Patents granted by the Governor of Virginia^ the Condition of which 
 Patents have not been performed, nor Qiiit-Rents paid, or the Lands have been 
 deferted by the firft Patentees, or for, or by Reafon, or Means of former Entries 
 or Patents granted in this Government -, for Prevention whereof, and for quieting 
 Mens Eftates, and for avoiding Suits in Law, 
 
 II. Be H Ena5ied^ by his Excellency the Palatine, and the rejl of the true and ^l^^f^^'^l^^^^ 
 ahfolute Lords Proprietors of Carolina, by mid with the Advice and Confent of derived fromCre- 
 this prefent General Jffembly, now met at Little River, for the North-Eaft Part ''''°"' ^"'T'- 
 
 r ; /" • J r> • ; ""• • ; 7 T-' i i 1 tcrs, or Admi- 
 
 oj the J aid Province, and it is hereby tna^ed by the Authority of the fame. That niftr:>tors, or by- 
 all Poffeffions of, or Titles to any Lands, Tenements, or Hereditaments what- ""fit^nlof 
 foever, derived from any Sales made either by Creditors, Executors or Admi- Patent, ■ f which 
 niftrators of any Perfon deceafed, or by Hufbands and their Wives, or Hufbands cont^nu^k.Vcf! 
 in Right of their Wives, or by Indorfement of Patents, or otherwife, of which ^'^l^'^" 7 Years, 
 the Purchafer or Poffeffor, or any claiming under them, have continued, or fhall rl'S^and'de! 
 continue in PoflefTion of the fame for the Space of Seven Years without any Suit '^'^'''' g'"""' " 
 in Law, be, and are hereby ratified, confirmed, and declared good and legal, to gainftaiiPerfons^ 
 all Intents and Purpofes whatfoever, againft all and all Manner of Perfons : Any ^'=' 
 former or other Title, or Claim, Aft, Law, Ufage, or Statute, to the contrary, 
 in any-wife, notwithftanding. 
 
 III. AND be it further Ena^ed, by the Authority aforefaid. That no Perfon Perfons hereafter 
 or Perfons, nor their Heirs, which hereafter (hall have any Right or Title to any Si mak^cSm 
 Lands, Tenements, or Hereditaments, fhall thereunto enter or make Claim, but within 7 Years, 
 within Seven Years next after his, her, or their Right or Title which defcend or c!ued f if be ut- 
 accrue ; and in Default thereof, fuch Perfon or Perfons fo not entering or making '"'y excluded. 
 Default, fhall be utterly excluded and difabled from any Entry or Claim there- 
 after to be made. 
 
 IV. P ROV IDED neverthelcfs. That if any Perfon or Perfons that is, or ^'?'f m"'' co 
 hereafter fhall be, intitled to any Right or Claim of Lands, Tenements, or He- yfn, &T mVy 
 reditaments, fhall be, at the Time the faid Right or Title firft defcended, ac- •'""s suit within 
 
 1 rit-i.i. _.-„'^ 3 Years after 
 
 crued, come, or fallen, within the Age of Twenty One Years, Feme Covert, they come to 
 Non compos mentis, imprifoned, or beyond Seas, that then fuch Perfon or Per- ^^'' ^'• 
 fons fhall and may, notwithftanding the faid Seven Years be expired, commence 
 his, her, or their Suit, or make his, her, or their Entry, as he, fhe, or they 
 might have dons before this Aft, fo as fuch Perfon or Perfons fhall, within Three p^^^^^^ ^^^^.^^^ 
 Years next after full Age, Difcoverture, coming of found Mind, Enlargement Seas, w.ihm 8 
 out of Prifon, or Perfons beyond Seas, within Eight Years after the Title or I,T pWeir.ons 
 Claim becomes due, take Benefit and fue for the fame, and at no Time after the h.-u without Suit 
 Times or Limitations herein fpecified -, but that all PofTelTions held without fuing tra'^t'l'tUlf 
 luch Llaim as aforefaid, fhall be a perpetual Bar againft all and all manner of Bar j left much 
 Perfons whatfoever, that the Expectation of Heirs may not, in a fhort Time, fc;;id,'''3nrno" 
 leave much Land unpolTefTed, and Titles fb perplexed, that no Man will know ^an 'know, of 
 of whom to take or buy Land. ^^""^ '" '^"^• 
 
 V. AND be it further Enabled, by the Authority aforefaid. That all Aftions ^'' ^^'""^ °'' 
 of Trefpafs, Detinue, Aaions fur Trover, and Replevin, for taking away of upTAccfn^'ptf 
 
 Goods 
 
L A IV S of North-Carolina. 
 
 Jt Judgment re r x. ^ j.». >^ »• j. ^^ j^ j-^ <»i- i.i-< . 
 
 for the psaintiff, anv tlic faid Adlons or Suits, Judgment be given for the Plaintiff, and the fame 
 
 and It berevers'd , •' r i t t^ tt- 
 
 orarrcfted, or DC rcvcrfed Dy brror, or a \'e 
 
 ^ i"- 'V'S- Goods and Chattels; all Actions of Accompt, and upon the Cafe; all A6lions 
 2^;^;7^^|7c^^, of i^^bt for Arrearages of Rent; and all A6lions of Alfault, Menace, B.tttcry,° 
 &c. fluii be fu.d Wounding, and Imprifonment, or any of them, which fliall be fued or brought 
 lath's Aft I^- at any Time after the Ratification of this Ad, Ihall be commenced or brought 
 ted. & not after, vvithin the Time and Limitation in this Act exprefled, and not after: That is to 
 compT Cafe/" f<iy ; Aftions of Accompt Render, Actions upon the Cafe, Adions of Debt tor 
 "^^^ %'Ktn"' -^irearages of Rent, A6tions of Detinue, Replevin, and Trtfpafs ^lare Claufum 
 Detinue, Rep'ie. frcgit^ withiu Three Years next after the Ratification of this Aft, or within Three 
 yen, Ti cfpafs Ygars next after the Caufe ot fuch Adlion or Suit, and not after, except fuch Ac- 
 fre^ii, with;n 3 compts 35 conccm the 1 rade or Merchandile between Merchant and Merchant, 
 years ; except ^^^ j.j^^jj. p^fj^ors Or Scrvants ; and the faid A6tions of Trcfpafs, Aflault and Bat- 
 
 Acconnpt bet- ^ _. _ , , i ^ 
 
 ween Merchants, tcry, Wounding, Imprifonment, or any ot them, within One Year next after 
 AiLit Indell'. ^^he Ratification of this Aft, or within One Year after the Caufe of fuch Aftion 
 tery. Wounding, or Suit, and not after ; and the faid Afticns uj^on the Cafe for Words, within Six 
 iThm^i yTar'. Months after the Ratification of this Aft, or within Six Montlis after the Words 
 Cafe for Words, fpokeu, and nOt after. 
 
 within 6Months. '^ 
 
 if Judgment be VI. PRO FID E D neverthekfs, and it is hereby further Ena5lzd^ That if on 
 
 Judgment be given for the Plaintiff, and the fame 
 ''erdift pafs for the Plaintiff, and upon Matter al- 
 thathetakeno. ledged in Atreft of Judgment, the Judgment be given againfb the Plaintifiv, that 
 Piamt, ©"c^'or hc take nothihg by his Plaint, Writ, or Bill ; or if any of the f dd Aftions fhall 
 b'e^a«ad!e'd""i'n ^^ brought by Original Writ, and the Defendant cannot be attached or legally 
 fuch chiles the ferved with Procefs, that in all fuch Cafes, the Party Plaintiff, his Heirs, Execu- 
 ml ''commai^'a ^o^^' ^^ Adminiftratots, as the Cafe fhall require, may commence a new Aftion 
 new Suit within or Suit, from Time to Time, within a Year after fuch Judgment reverfed, or 
 ^ ^"''' fuch Judgment given againft the Plaintiff, or till the Defendant can be attached 
 
 or ferved with Procefs, fo as to compel him to appear and anfwer. 
 
 In Aaions of VII. A N D he it further Enabled, That in all Aftions of Trefpafs ^iare Cl^u- 
 Trefpafs ^are fujn fregit, hcrcafter to be brought, wherein the Defendant or Defendants fhall 
 hThe'Det^"fant dlfclalm in his or their Plea to- make any Title or Claim to the Lands in which 
 difcia.m, he (hall the Trefpafs is by the Declaration fuppoled to be done, and the Trefpafs be by 
 pLd a^Difciaim- Negligcncc, or involuntary, the Defendant or Defendants fhall be admitted to 
 pi' ^'^fT^flfu'^^ plead a Difclaimer, and that the Trefpafs was by NegHgence, or involuntary, and 
 join iffue. a Tender or Offer of fufficient Amends for fuch Trefpafs before the Aftion brought, 
 
 ni^nTint^""^ *he wlicreupon, or upon fome of them, the Plaintiff or Plaintiffs fliall be inforced to 
 piaint.ff ftaii be join Iffuc, and the faid Iffue be found for the Defendant, or the Plaintiff fhall be 
 barredfronn other Nou-fuited ; the Plaintiff fliall be clearly barred from the faid Aftion, and all 
 
 buita tor the i i r 
 
 fame. Other Suits concerning the fame. 
 
 Tn Aftions for VIII. A N D he it further EnaBedy by the Authority ajorefaidy That in all Ac- 
 it Damn"" under tions upon the Cafe for flanderous Words, to be fued or profecuted by any Per 
 40.^ the Plain- fg^ jn thc General or Precinft Courts of this Government, after the Ratification 
 more'coft^than of this Aft, if the Jury, upon the Tryal of the Iffue in fuch Aftion, or the Jury 
 Damage., j-j-^^^ fj^^jj inquire of the Damages, do find or alfefs the Damages under Forty 
 
 Shillings ; then the Plaintifi^ or Plaintift^s in fuch Action, fhall have and recover 
 only fo much Cofts as Damages fo given or affeffed fhall amount unto, without 
 any further Increafe of the fame : Any Law, Statute, Uflxge, or Cuftom to the 
 contrary, in any-wife, notwithftanding. 
 
 Perfon! \inder 
 Age, iic. may 
 
 IX. PRO FIB E D neverthelef, and he it further EnaSfed^ That if any Pcr- 
 fon or Perfons that is or fhall be intitled to any fuch Aftions of Trefpafs, De- 
 wrtng Suits with- tinuc, Aftious fur Trover, Replevin, Aftions of Accompt, and upon the Cafe, 
 i» th. Tin^e be- ^^j^^^ ^^ ^^^^ f^j. Arrearages of Rent, Aftions of Affault, Menace, Battery, 
 Wounding, and Imprifonment, Aftions of Trefpafs ^lare Claufum fregit. Ac- 
 tions 
 
LA PF" S of North-Carolina. 
 
 tions upon the Cak tor flanderous V v ords, be, or Ihall be ut tne i ime of 
 fach Caufe of Action given or accrued, fallen or come within the Age of T«ven- before limited, 
 ty One Years, Feme Covert, Non compos mentis, imprifoned, or beyond the Seas •, ^^''^^^^''|.^''"""'* 
 that then fuch Perfon or Peribns fhali be at Liberty to bring the fame Actions, ° "''' 
 fo as they bring the fame within I'uch Times as are before limited, after their 
 coming to or bting of full Age, Difcovert, of found Memory, at large, or re- 
 turned from beyond the Seas, as other Perfons, having no fuch Impediment^ 
 misht have done. 
 
 CHAP. XXVIII. 
 
 Feme Ccverfs hcu) to pafs Lands^ 
 
 I. ^ T T H E R E A S the legal Way of palTing Lands where the Eftate is in a preambit. 
 
 Y Y Feme Covert, is by Fine and Recovery ; and it having been formerly 
 prafticable in this Government, (Fines and Recoveries not being in Ufe here,) 
 that Sales have been made by the Hufband with the Wife's Confent, and fome- 
 times by Sales from them both, and acknowledged in Court, the Wife being firft 
 privately examined by the Court, whether (he acknowledged the fame freely : 
 
 \\. BE it Enalied, hy his Excellency the Palatine, and the reft of the true and au Saies hereto.- 
 chfolute Lords Proprietors of the Province of Carolina, by and with the Advice Hu^.^df with 
 and Confent of the reft cf the Members of the General Jffembly, now met at Little life's Confent, 
 River, for the North-Eaft Part of the faid Province, and it is hereby Enacted, by e-c/or^which' 
 the Authority of the fame. That all fuch Sales which have at any Time heretofore '"^r^ft" fhaii be 
 been made in Manner and Form aforefaid, or which hereafter fhall be made by -knc.wiedg"d bel 
 the Hufband and Wife, and acknowledged before the Chief Juftice, or in the ^°'^. ^ J".**'"' 
 Court of the Precincl where the Land lieth, the Wife having been firft privately court, the w.fe 
 examined, before the Chief Tufcice or one of the affociate Tudges, or by fome ''f'"? "^";""=^» 
 
 • 1/^ riT->-<~i <ii ^ lame ihall be 
 
 Member appointed by the Court or the Precinct, whether Ihe acknowledgeth the valid, as if done 
 fame freely, Ihall be good and cffeftual againll the Hufband and Wife, and their ^Z^o^^r^y! 
 and every of their Heirs and AfTigns, and againft all other Perfons claiming by, 
 from, or under them, or any of them, and that to all Intents and Purpofes, as 
 if the fame had been done by Fine and Recovery, or by any other Way or 
 Means whatfoever. 
 
 III. PROVIDED ahvays, and it is hereby meant and intended. That no- Not to be con- 
 thing in this A6I: contained, fhall be conftrued *or meant to give any Power or ^^"^^J, hcrs^fter^ 
 Authority hereafter for cutting oiF intailed Lands : Any Thing herein before con- 
 tained to the contrary, in any-wife, notwithftanding. 
 
 CHAP. XXIX. 
 
 An AB, for preventing Difpiites concer7iing Lands already Surveyed. 
 
 I- TTTHEREAS Difputes do frequently arife concerning Lands already Preamble, 
 
 VV Surveyed and Patented, to the great Charge and Vexation of many 
 People holding and enjoying thofe Lands : For Prevention whereof for the fu- 
 ture, and for fettling fuch Differences as may hereafter arife j 
 
 C II. BE 
 
lo L A t'P^ S of North-Carolina. 
 
 ^. D. 1715. 
 
 ^■"^'''"^''""'"^ II. BE it Enacted, hy his Excellency the Palatine, and the reji of the true and 
 abfolute Lords Proprietors of the Province of Carolina, by and with the Advice and 
 Confent of the reft of the Members of the General Jffembly, new met at Little Ri- 
 ver, for the North -Eaft Part of the faid Province, and by the Authority of the 
 
 , , fame, it is hereby Enacted and Declared, That all Surveys already made, and Pa- 
 Lands alieaiiy •/' ,...i-/^ uiij ^- /-^ 
 
 furveyed, & Pa- tcHts granted. Within this Government, by all and every preceeamg Governors, 
 
 f^rmefcover^^ Deputy-Govemors, or Prefidents, are hereby declared to be good and valid, to 
 
 nors, tSc. good ^\\ Jntcnts and Purpofes whatfoever ; any pretended Defects or Infiifficiency in the 
 
 and valid. Powers or Authorities for fo doing to the contrary, in any-wife, notwithftanding : 
 
 Patents to be And that Patents may and ought to be granted on all and every the aforeiaid 
 
 granted on the Sutvcys for which Patents are not already granted -, thofe lying within the con- 
 
 ftid Surveys. ^j-Q^gj-^gd Bounds Only excepted. 
 
 He that will jjj^ AND be it further Enacted, by the Authority afore faid. That no Perfon 
 '&^. 2lr^l' whatfoever fhall take up any Marfli, Swamp, or funken Lands, but Ihall firft 
 N rice to the ^^j^g Notlcc, in Writing, to the Ov/ner of the Land adjoining : After Notice 
 uX adjoin 'ng, delivered in Writing, before Evidence, fuch Perfon or Perfons Ihall have Six 
 and if he negieas jyjQj-jj-j^g Xiiiie to refolvc whether he will take up the fame or no ; and in Cafe he 
 6° Months,"^h" fhall not, before the End of the faid Six Months, take out a W^arrant to furvey 
 fuch Marfh, Swamp, or funken Land, as fliall be contiguous to his own Land, 
 then the firft Perfon who gave fuch Notice may furvey and patent the fame. 
 
 perfon giving 
 fuch Notice may, 
 
 Land may be re- IV. AND bc it further Euactcd, by the Authority afore faid. That if any Per- 
 [riaue/survey foH fliall belicvc that there is contained in the Survey or Patent of any Perfon, 
 doth not exceed morc Land than the fame Survey or Patent mentions, then, and in fuch Cafe, 
 tha/iTAcrTsTn fuch Pcrfon may employ the Surveyor-General, or his Deputy, to re-furvey fuch 
 the Hundred, to Lgn^^l ^ gnd if it fliall appear that the latter Survey doth not exceed the former 
 be no Erior, ^^ rViOxt than Ten Acres in the Hundred, fuch fliall not be deemed any Error, 
 nor the Owner of fuch Land put to any Charge or Trouble in rc-furveying or 
 patenting the fame •■, but the Party employing the Surveyor fliall pay all Charges. 
 
 Surveyor to go by V. A N D bc it furthcr Enactcd, by the Authority aforefaid. That in all Cafes 
 nrtiai\Tn'ds of Differences where any Re-furvey fliall be made, the Surveyor fliall always 
 or Courfes and' procccd by thc marked Trees, if the fame can be found, or by natural Bounds, 
 D.fiance. .^- ^^^ mentioned ; and if there be not marked Trees, then he fliall follow the 
 
 Courfes mentioned in the Flat or Patent, fo as the Intention of the Party firft 
 Re-furvcy con- taking up may be obferved as near as may be : And if it fliall happen that in any 
 " "'"/a°row" Re-furvey there fliall be more Land contained above the Qiiantity mentioned, 
 ner^may'takJ''' bcfides Ten iu the Hundred before mentioned in this A£l, it fliall be in the Choice 
 ft"?urwheleTe of the Owncr of the Land to take the flime, paying the Surveyor his Fee, or to 
 pieafes. Igavc out the Overplus in fuch Part or Place as he pleafes -, and then the whole 
 
 Charge to be born and paid by him that required the Survey. 
 
 Patents for de- VI. AND bc it furthcr Enactcd, by the Authority aforefaid^ That all Surveys or 
 
 ceafed Perfons Patents hereafter to be made or granted for the Land or Plantation of any deceafed 
 
 t^he"Name ctthe Pcrfon, the fame fliall be made and granted in the Name of the Heir at Law, 
 
 Heir at L.w, & ^j^jg]^ ncverthelcfs fliall not bar any that have Title thereto by Dower or Courtciy, 
 
 &cr '"'" or by the Will of the deceafed Pofi'eflbr •, but that every Title or Claim fliall 
 
 ftand good and valid in Law, as they might or ought to have done if the deceafed 
 
 Pofleflbr had, in his Life time, furveyed and taken out a Patent for the fame in 
 
 his own Name. 
 
 CHAP. 
 
LAWS o/" North-Carolina. h 
 
 A. D. 1715. 
 
 CHAP. XXX. 
 
 An Acfj concerni'ng Efcheat Lajids^ and Efchcators. "" 
 
 I. TT^ O R the better fecuring and quieting her Majefty's Subjedls of this Pro- 
 J/ vince in the Pofitirion of their Lands, Vv'e pray that it may be Enafted, 
 Ana belt Enacted^ by his Excellency the Palatine, and the reft of the true and 
 abfolute Lords Proprietors tf CaroUna, by and with the Advice and Confent of the 
 reft of the Members of the General Affembly^ now met at Little River, /or the 
 North-Eaft Part of the faid Province^ and it is hereby Enacted^ by the Atithcrity 
 of the fame. That if any Perfon is or fhall be in PolTeflion, byhimfelf. Guardian, P'^rfons in Pur- 
 er Tenant, of any Lands, by Purchafe, Defcent, or Laft Will and Teftament, Sd^'firft'^d! 
 that do or Ihall efcheate to the Lords Proprietors, fuch Poffefibr fhall be firft ad- «"'«"' «» p«'ti- 
 mitted to inform and petition the Governor, Deputy-Governor, Prefident, or Efchelt! ^'" ""^ 
 Commander in Chief for the Time being, for a Vv rit of Efcheat, to be diredled 
 to the Efcheator-General, or' his Deputy, to enquire whether the laid Land doth 
 efcheat •, and if the fame fhall be found, upon Inquifition duly taken, to efcheat, ^[ '^ ^^ f'^""'^ 1° 
 the aforefaid Pofieflbr, and no other Perfon, Ihall have a Patent for the fame, r'fto havfa pi 
 paying after the Rate of Two Pence an Acre for the Compofition thereof, and no tent for the fame, 
 more, be there Improvements more or lefs. ^7re? ^'^ ^"^ 
 
 II. AND be it further Enabled, by the Authority aforefaid. That if any Per- ECche^t Lands to 
 fon feized of Land in Fee-Simple, fhall happen to die without Heir, or making "^>^'" s""*^"'- 
 any Difpofition thereof by Will, whereby the fdd Lands do efcheat to the Lords 
 Proprietors, then they ihall be granted, after the faid Manner, and after the fame 
 Compofition, to the Widow, or Widower, and if there be none fuch, then to 
 
 the Father, and if there be none fuch, then to the Mother, and if there be none 
 fuch, then to the eldeft Brother of the half Blood, and if there be none fuch, 
 then to the Sifter or Sifters of the half Blood, and if there be none fuch, then to 
 the neareft of Kin to the Party deceafed, and if there be no Kindred, then to any 
 Perfon who Hiall firft inform and petition for the fame. 
 
 III. PROVIDED always, and it is further Enacted, by the Authority afore- Petfons;nP,(rcf- 
 faid. That if any Perfon that' is or fhall be in Poffeffion of any Land in Manner Lands"'' neg"<ft- 
 aforefaid, by Defcent, Purchafe, or Laft Will and Teftament, that do or fhall Sng to petition for 
 efcheat -, or any Perfon tliat fhall have Right to inform and petition for Efcheat NotiJrgivenf' 
 Lands in any of the before recited Cafes, fliall happen, through Ignorance, to p<^''°'^' g'^'"s 
 omit the lame -, that then it fhall and may be lawful for any other Perfon to give tit £'1-""'^ 
 him Notice thereof, in tlie Frefence of Two credible WitnefTes at the leaft ; and 
 
 if he fhall negleft to inform and petition for the lame, in Manner aforefaid, to 
 the Second General Court that fnall happen after fuch Notice given, then the Per- 
 fon giving Notice as aforefaid, fhall have the fame Lands, paying the Compofi- 
 tion as aforefaid , 
 
 IV. AND to the End, that neither the Lords Proprietors, nor any of the In- Efcheator-Cene- 
 habitants of this Province, may receive Damage for Want of an Efthcator ; Be po'ni°I ""'''"" 
 // Enacted, by the Authority aforefaid. That as often as it fhall happen that no 
 
 Perfon is appointed Efcheater-General by the Lords Proprietors, fome Perfon', of 
 known Ability and Integrity, fliall be commiffionated Efcheator-General by the 
 Governor, Deputy-Governor, Prefident, or Commander in Chief for the Time 
 being, by and v/ith the Advice and Confent of Three or more of the Lords Pro- 
 prietors Deputies, with Power to commiflionate one or more Deputy or Deputies ; inq^'fitions tak. 
 and all Inquifitions that ihall be taken as Efcheator not commiftionated as afore- E"fchcLr"'Toid! 
 faid, or without a Writ of Efcheat firft obtained, fuch Inquifition ftiall be null 
 and void, to all Intents and Purpofes. 
 
 V. AND 
 
12, L A M^ S (?/' North-Carolina. 
 
 A D. 171V 
 
 i^^CI^fT^-^t ^- AND be it further Enacted, That the Efchcator-General, or his Deputy- 
 Notice 30 Davs or Deputies, before he or they fhalJ execute any Writ of Efcheat, fhall give pub- 
 any'wntTundcr hc Notice Thirty bays before, by fetting up a Note at the Court-houfe Door of 
 Penalty of so 1. ^j^g irecind where the Land fhall lie, of the Time when he will execute the faid 
 Writ, to the End that all Ferfons concerned may liave Knowledge thereof; upon 
 the Penalty of Fifty Founds, to be paid to the Party grieved ; to be recovered, 
 by Adlion of Debt, in the General Court of this Government ; wherein no Ef- 
 jnquifitions to be foign or Wager of Law fhall be allowed: And all Inquifitions Ihall be taken 
 in courr'''''''''' openly and publickly in the Court-houfe of the Precindl or County where the 
 Land to be inquired after fhall lie, by the moft ancient indifferent Freeholders of 
 Evidence to be the fame FrecincSt and County. And the Efcheator-General, and every of his 
 given in Prefence Dcputies, fhall fuifer cvcry Perfon to give Evidence openly in their Prefence to 
 der Penalty' "f' the Jury, upon fuch Inquifitions as fhall be taken before him or any of them, 
 5°'- upon the like Penalty of Fifty Pounds, to the Perfon fo grieved •, to be recovered 
 
 inquifirions to be in Manner aforefaid : And all fuch Inquifitions lliall be returned into the Secre- 
 s^cmary-sOffice tary's Officc within Twenty Days, at farthefl, after they are taken ; and if no 
 i».thin 20 Days. Perfon fliall prove himfelf Heir to fuch Land as have been found to efcheat in 
 Manner aforefaid, or any Time in Scytn Years after the Date of the faid Inqui- 
 ing '""7 'veaVs', fition, fuch Pcrfon, and his Heirs, are and fnall be tor ever barred and excluded 
 barred for ever. fj-Q^i having or fuing fot the faid Lands. 
 
 CHAP. XXXL 
 
 Statutes inforc'd Ati ASi ^ foT the }}iore eff'eBual obferving of the ^leen's Peace, and EJfa- 
 b"y Aa.'o^^.'Te,' blijln7ig a good and lajling Foundation of Go'vernment in North-Carolina. 
 
 J 749, Chap 1. 
 
 CHAP. xxxn. 
 
 Rep. byNsv'ga- Au A5f^ foT feftUjiz and maintaining Pilots at Roanoke and Ocacock 
 
 tion Aa, March ^ J I O _ ,0 
 
 6, 1738, Ch. 4. 
 
 Inlets. 
 
 CHAP, xxxin. 
 
 An AB, to regulate divers Abufes in the taking up of Lands, and to as- 
 certain the Method to be obferved, from haiceforth, in taking up and 
 Surveying Lands. 
 
 Preamble. I. TTTHEREASof late Years, great Inconveniences have arifen by Means 
 
 W of the irregular Proceedings and Methods obferved in entering and tak- 
 ing up Land, and by fome Perfons holding or pretending Right to large Trafts 
 of Land ; to the great Difcouragement of Strangers coming in to inhabit among 
 us, and to the great weakning of Places already fettled and inhabited, as well as 
 to the great Lofs and Prejudice of the Lords Proprietors : For Prevention whereof 
 For the future, and for the better regulating the Method of taking up Lands in 
 Time to come -, 
 
 IT. BE 
 
LA iV S of N O R T H - C A R O L I N A. 
 
 ^3 
 
 II. Be it Enabled., by his Excellency the Palatine, and the reft of the true end 
 ahfolute Lcrds Proprietors of Carolina, by and "^ith the Advice aid Conjcnt of 
 this prefent General Apmbh\ new met at Little River, for the North-liaft Part 
 of the faid Province, and it is hereby En.i£l.id by the Authority of the fame. That 
 from and aiter the i^'irft Day of January niXt enfuing the Date htreot, no sur- 
 veyor- General, nor Deputy Surveyor, iliall enter any Land for any jt'trfon aftrr '>'f"vrd n tak- 
 
 Method to he 
 
 the Manner as has been or lite i cars obLrved ; but that all i^crfons whatfocver \f^^l i!"" 
 that fhall, from thenceiorward, be minded to take up any Lands in this Ciovtrn- 
 ment, flv^iU before he lays Claim tn.reto, take a w arrant iro in the Secretary's 
 Office, directed to the Surveyor-General, or Deputy, as ufudl, mentioning the 
 Quantity of Land by them intended to be taken up ; which Warrant he Ihaii de- 
 liver to the faid Surveyor-General, or his Deputy, together with an Account 
 where the Land lies winch he intjnds to take up by ta^t vV arrant, which the 
 Surveyor fhall indorfe upon the Back ot the Lid Warrant, tog tiitr with the 
 Time of his Receipt thereof, and give a '^ opy of the faid IndorLm.nt to the fiid 
 Perfon ; for which it ihall be Liwlui tor him to demand and receive the ufual Fee 
 of Entry and Copy ; and Ihal!, within Eight Months next aft.r fuch Receipt, 
 furvey and make Return of the faid Land, with the V." arrant, as is ufual, unlefs 
 he fhall give fuincient Reafon, upon his Oath, for not doing the fame ; provided 
 always, that he hath no Warrant bJbre lodged in his iian..,s for the fame Land ; 
 and provided aifo, that if Occafion be, the .Surveyor fhall be impowered to hire 
 Chain-Crriers and Markers for his Affiltance in Lying out of any Lands, and 
 fhall charge the fame to the Owner of fuch Land. 
 
 'D^ 
 
 ivi-rs ot Creeks 
 low to be fuT- 
 
 in. AND he it further Enabled., by the Authority aforefaid. That the Survey- L^nds'y'ng 
 or-Gen'-ral, and his Deputy, fhall obferve, in furveying and laying out of all how" °' 
 Lands to be taken up from henceforward, that lies on a navigable Riv.r or Creek, """"i"^- 
 that he fhall run a full Mile on a dired Courfe into the Vn oods, and each oppo- 
 fite Line fhall run parallel with the other, if it can be admitted, for oth.r Peo- 
 ples Lines, or Rivers or Creeks-, and for all Lands taken up wholly in the inntheWonds, 
 Woods, the Survey ihall be upon a Square, if it can be admitted, as aforefaid. fqutte!"'^ """^ 
 
 IV. AND be it further Enabled, by the Authority aforefaid. That no .*^urveyor. Surveyor not to 
 or Deputy-Surveyor, from and after the lime afor.faid, fhall furvey or lay out e'c^AcTesTnlln" 
 more than Six Hundred and rorty Acres of Land in one 1 radt, nor fhall furvey "^ ^^' ""' '"'■^ 
 or lay out Two fevcral Trafts of Land for any one Perfon within 1 wo MiLs, at pVr n within^ 
 ieafl, of each others unlefs by particular Warrant from the Lords Proprietors tor '""MUes, 
 that Purpofe. 
 
 V. AND be it further Enabled, by the Authority aforefaid. That any Sur- Surveyor laying 
 veyor, or Deputy Surveyor, that fhall prefume to furvey or lay out any Lands triry toVisAa] 
 contrary to the Dire6lions, Purport, and Meaning of this Aft, fhall, lor every to<^"rfcit loi. 
 Offence, forfeit and pay the Sum of Ten Rounds ; one Half to the rublic Trea- 
 
 Tury, and the other Half to him or them that fhall fue for the fame : To be re- 
 covered in the General Court of this r'rovince ; wherein no Eflbign, Proteftion, 
 or Wager of Law, fhall be allowed. 
 
 VI. AND forafmuch as the Lords Proprietors do fuflain great Damages, and 
 the Country in general lies unfcttled, by Reafon of many Perfons holding or 
 pretending Right to large I'rads of Land in this Govtrnrntnt, without any 
 other Title thereto than a bare Entry oi^.^urvey : Be tt Enabled, by the Authority 
 aforefaid. That all or any Perfon or Perfons whatfoever, who do now hold or '^Jr^^^Tvtt 
 pretend any Right to any Lands within this Government, by Virtue of any Sur- ch.fc-M-n y 
 vey or Purchafe, as aforefaid, made before the Fourteenth Day of April lafl pafl, X^t^x.<t ^"'""^ 
 and do not pay, or fecure to be paid, the Purchafe- Money thereof to the Lords 
 
 D Propri- 
 
14 L A H^ S c/" North-Carolina. 
 
 ^. D. 171;. Proprietors Receiver-General, on or betore the Twenty Fifth 'Dsq oi December 
 ^"-""y''^ ji^xt, purfuant to an Order of Council, dated the aforefaid Fourteenth Day of 
 yjpril, it Ihall and may be lawful tor any Perfon or rerfons to enter on the fame 
 Lands, and have Patents therefor upon the old Surveys ; provided he or they fo 
 entering, fhall pay, or Lcure to be paid, to the faid Keceivtr-Gcneral, the I'ur- 
 chafe-Money and Qiiit-Rents which fhould have been paid by the ir'erfon that ' 
 fhall fo lapfe the fame, and alfo the Sum ol^ Ten Shillings to the Surveyor-Gene- 
 ral, for altering the Certiiicate •, y/hich Patent, when fo obtained, fliall be deemed 
 and adjudged good and valid, to all Intents and Purpofes •, any Law, Cuftom, 
 or Ufage, to the contrary, notwithftanding : And further, all Perfons that do 
 ince'^^nv" 14"^ pretend any Right to any Lands taken up on Pretence of Purchafe, as aforefaid, 
 for wh ch iiie fince the Fourteenth Day of Jpnl ; or that fhall, from henceforward, take up 
 ni"ii nnt'b- i"rd and furvey any Lands on Pretence of Purchafe, and do not pay, or fecure to be 
 w thin 6 Months paid, the Purchafe-Money thereof to the Receiver-General for the Time being, 
 n7 other p".nm witliin Six Montlis after, the Date of fuch Survey, fuch Perfon or Perfons fhall 
 mny^takeup thi; forfeit their Right thereto j.and it fhall and may be lawful for any other Perfon 
 or Perfons to take out a Warrant for fuch Lands, and proceed thereon as is be- 
 fore dircdcd in this Ad, for taking up vacant Lands. ^ 
 
 NoPeifo.i, after VII. A N B be it further EnaElcd^ by the Authority aforefaid. That from and 
 ?7r 'htto^Ll^^d ^^^^^ ^^^ aforefaid Firft. Day of January next, no Perfon fliall fell or alienate his 
 Kf.re Purch.f - Right to any Land, until he has paid the Purchafe-Money the reof, and has ob- 
 pltrnf '^rankd'"' Gained a Patent and Grant for the fame ; but fuch Sale, Aflignment, or Convey- 
 ance, fhall be deemed, conftrued, and taken, to be invalid and of none Effect : 
 And fuch Land fhall be tree and clear for any other Perfon to take up, obferving 
 the Rules in this A6t before fpecified for taking up vacant Lands. 
 
 Where fuch VIII. P ROV ID ED always neverthelefs. That where the Right of Land 
 
 oi"ham'"umi*!c liipretofore furveyed on Pretence of Purchafe aforefaid, belongs to any Orphan or 
 to p;>ient it, Orphans that are not able or capable to Patent the fame, for Want of Perfonal 
 mrrfer"iV; ^''"- Eft'ite, within the Time before limited in this A6t, it fhall and may be lawfu! 
 for the Guardian or Guardians, Truftee or Truflees of fuch Orphan or Orphans, 
 or Adminiftrator of the Inteftate's Eflate, to fell and difpofe of all or fuch Part of 
 fuch Right, as aforefaid, by Public Sale, to the beft Advantage they can for the 
 Inteilate's F^ftate •, any Thing in the faid Acl to the contrary, notwithflanding : 
 , „ , , ^ And in Cafe any Guardian, Truflee, or Adminiflrator, fhall negledl or refufe to 
 fiifai, Orphans" make Sale of fuch Land as aforefaid, within Six Months, the Orphans Courts 
 ^^XRi^ht'^" ^^^ hereby impowcred and required to call fuch Guardian, Truftee, or Adminif- 
 trator, to Account ; and if they cannot find Perfonal Eftate fufFicient in their 
 Hands to purchafe fuch Lands, as aforefaid, then they, the faid Court, fKall 
 make fuch Sale, and to fuch Ufes as abovefaid. 
 
 IX. AND whereas many of the prefent Inhabitants of Bath County, by Rea- 
 
 fon of the Calamities befallen them during the late Vv^ars v/ith the Indians, are 
 
 rendered incapable of making prefent Payment for the P urchafe of fuch Lands 
 
 as now are, or have been, actually held, fettled, and improved by them, and 
 
 from whence they have been lately driven by the Enemy : Be it EnaBed, that a 
 
 inhabitants of further Time be granted to fuch Perfons for paying the Purchafe of fuch Lands, 
 
 Sath Cunty ai- upon giving fuch Security to the Lords Proprietors Receiver-General, as fhall be 
 
 Tim1 Io"py by him approved of, within Six Months after the Ratification of this Ad: Any 
 
 piuchafe-Mjney y\-{x^or hcrcln bcforc contained to the contrary thereof, in any-wife, notwidi- 
 
 iipon giving Sc ^ P 
 
 cai;tv. itandms;. 
 
 CHAP. 
 
LAWS of North-Caroli n a. i 5 
 
 n Tiuft fr>r th« 
 Party injui'd. 
 
 CHAP. XXXIV. 
 
 An ASf, for Entring QfVeJJ'elSy and to prevent the Exportation of Debtors.' 
 
 I. -r^ E it Ena£fed, by his Excellency the Palatine, and the reft of the true and 
 \j ahfolute Lords Proprietors of the Province c/ Carolina, by and with the 
 Jdvue and Confent of the reft of the Members of the General yiffembly now met at 
 Little River, for the North-Eail Part of th^ faid Province, end it is hereby En- 
 a5led, by the Authority of the fame. That the Maftcr ot every Ship or VefiH Mafter rf v, fr.i 
 coming into this Governnxnt, l'ha!l, within Four Days next alter his Arrival, [^.y^^^^of^y" 
 and bc'tbrc he trade or land any Goods, (living Creatures only excepted,) enter w.tim 4 d ys'' 
 into Bond in the Naval-Office, with one lufficient Freeholder or well known Mer- ^^o'l'^Knai't '" 
 chant, in tlie Sum of Five Hundred Pounds, with Condition, That the faid n.t to carry any 
 Mafter fhall not carry off any Perfon out of this Province without a Ticket firft ciy^^i'l^ 
 had and obtained from the Naval-Officer, and figned by the Governor or Com- aT;cket. 
 mander in Chief for the Time being, (Perfons coming into this Province in the 
 fame VeffeU Women whofe Hufbands are refident in the Country, Perfons un- 
 der Age^ ?.nd Sailors who iiave not refided in the Government above Two Months, p^'''""^ "'^^rt^d. 
 excepted,; nor fhall depart himfelf without Leave -, under the Penalty of Fitty Nor depart him- 
 Pounds^; One Third to the Lords Proprietors, One Third to the Gove'rHor qr ^3^;""''"' ' 
 Commander in Chief, and the other Third to the Informer. - ""';,. 
 
 II. AND be it further EnaLfed, by the Authority af ere faid. That the faid Bond ^'"'' to he given 
 fhall be taken in the Name of the Governor or Commander in Chief for the th.- G..v>.MTo'r,'' 
 Time being, payable to himfelf, his Succeffors or Afligns, but fhall be to the on- 
 ly Ufe of, and in Truft for, fuch Perfon or Perfons as fhall appear to be injured 
 by the faid Matter's Non-Performance of the Condition above exprefied ; and 
 fhall be affigned to any Perfon or Perfons fo injured petitioning for the fame, 
 
 who fhall and may maintain an A.6lion thereon. 
 
 III. PROVIDED ah: ays, and it is hereby further Enacted, That if the faid Bond not fued in 
 Bond or Bonds fliall not be fued within Two Years after the Date thereof, then ^^ears, void. 
 the fame fhall be null and void to all Intents and Purpofcs whatlbever, as if the 
 
 fame had never been made ; any Thing herein before contained to the contrary 
 notwitnftanding. 
 
 IV. AND be it further Enacted, by the Authority aforefaid. That no Ticket Ticket mt to be 
 fnall hereafter be granted to any Perfon intending to export his or herfelf out of fu"'gt,n' fi""' 
 this Government, (except as before excepted,) until fufficient Security be firft p ymcnt .f ths 
 given to the Naval-Officer, for the Payment of all fuch' Debts as the Party fo in- "'"'' ^ 
 tending to depart fhall be chargeable with, and for which Acflions fhall be com- 
 menced within Four Months next' after fuch Security given i or until Certificate 
 
 be firft made to the Naval-Officer, by the Clerk of the Precinft Court where the or until Cert;fi. 
 Party fliall refide, that he hath publifhed his Intentions to depart the Government, "te produc-a 
 by affixing a Note to the Court-houfe Door, publickly to be read by all Perfons, \\^ intention to 
 during the Sitting and Continuance of the 1 wo Courts next preceeding fuch Ccr- '^^p"'. 
 tificate, without being under written, or any Demand made to hinder his or her 
 Departure. 
 
 V. AND be it further EnaEled, That on Defauk of fo doing, the Naval-Offi- Naval officimot 
 cer fhall be liable to fiitisfy the Creditors of all fuch Perfons who fhall depart the tiib'^Aa! jilbie 
 Government by Ticket from that Office ; provided A6lions for the fame be en- oVtl'V^AaCs 
 tred within Four Months after the Date of fuch Ticket fo obtained ; without Se- brought wahin 4 
 curity given, or Certificate had and received from the Clerk of fome Precincfl ^°"''''- 
 Court, as before mentioned- 
 
 CHAP. 
 
i6 Xyf//^AS'o/^ North-Carolina. 
 
 A O yr.: 
 
 CHAP. XXXV. 
 
 Rep. by A %^- Aft ASif for raifing a Public Magazine of Ammunition^ upon the 'Tonnage 
 clLl'.Zf' of all Vejfels trading to this Government. 
 
 Precinft Courts 
 spp nt F r 
 
 CHAP. XXXVI. 
 
 An ASiy concerning Roads and Ferries. 
 
 I. "13 E it Enabled, by his Excellency the Palatine, and the rejl of the true fltid ab- 
 j3 folute Lords Prcprietors of Carolina, by and with the Advice and Confent 
 of tij.s prejent General /.ffembly^ now met at Little River, for the North Euft Part 
 cf tioe fa J Province, and by the Authority of the fame, it is hereby Enacted, That 
 All R.-ads and all Roads and Fcrri.s in this Government, already laid out or appointed, by Vir- 
 h.d'ou?'rnd!,r tue of any Ad or OrJinance of Affembly heretofore made or declared, or by 
 p.',nt<o by Aa, Virtue of any Order of Court grounded th.reon, which are or ought to be now 
 dcdrrJpubu^ in UTe, Ihaii be, and are hereby declared to be Public Roads and Ferries : And 
 all Pcrfons whatfoever that ought, or which have been accuftomed or ufed to 
 Pe,(;.ns ufd to ^Qj-j^ j^„ ^ny fuch Roads and bridges, which have been made and laid out pur- 
 rrkip"he fame fuant to any Aft or Ordinance of Aflembly, or Crder of Court grounded thireon, 
 in Repair. ^ ^|| (_-(jnj;inue to work on the fame, or to keep the fame in Repiir, as they fhould 
 
 or ouo-ht_to have done, by Virtue of fuch Ad: or Ordinance ot Affembly, or Or- 
 der ot Court conformable thereto. 
 
 II. AND be it further Enabled, by the Authority aforefaid. That from Time 
 .- .pp ,u r r- to Time, and at all Tim^s hereafter, the Court of each Precinct Ihall have full 
 rk5, and .rd.r Po^^.j. ^nd Authority to appoint and fettle Ferries, and to order the laying out 
 Rc,adsto be la.d ^^ ^^^^^^ ^^^^^^ ^^^^^ ^^^ ^^^^ already appointed or ufed, and to appoint where 
 
 Erico-cs n-iall be made, for the Ufe and Eafe of the Precinft ; fo as not to alter 
 old Roads, to the Prejudice of any Perfon, without the Leave and Licenfe of fuch 
 Perfon had and obtained. 
 
 Ro^dsto be laM HI AN B be it further Enacted, by the Authority afcrefaid. That all Roads 
 
 ^zMln^ioIi/ hereafter to be laid out, Ihall be laid out by a Jury of Twelve Men, appointed 
 
 ■ by the Precina Court-, which Jury (hall firtl take an Oath, to lay out the fame 
 
 to the o-rcatcft Eafe and Conveniency of the Inhabitants, and as little as may be 
 
 to the Prejudice of any private Man : And the Damages which Ihall be fuftamed 
 
 D.mnees fuft.in- bv any Dtivate Perfon in laying out fuch Road, Ihall be afcertained by the lame 
 
 f" ""^n'-^Vt Turv who fhall lay out fuch Road, on Oath •, to be equally levied and coUcfted, 
 
 af;.,t,inea,;h: by the Surveyor of fuch Road, on the Tithables which ought to work on the 
 
 ^]^^1^. fame, and by him paid to the Party injured. 
 
 No Perf,n to IN AND be it further Enacted, by the Authority aforefaid. That if any Per- 
 keepF rry with- r Pgrfons, afttT the Ratification of this Aft, fhall pretend to keep any Ferry, 
 
 Pub°c'^:';;'o: or to tranfport any Perfon or Perfons, or their Horfes or Cattle, for Pay, within 
 Penalty of los. ^^^ Mllcs of any Ferry which is already, or htreatter Ihall be appointed, luch 
 ^cTL^r: Perfon or Perfons fo pretending to ' keep Ferry, or tranfporting any Perfon or 
 Perfons, or their Horfes or Cattle, fliall forfeit and pay the Sum ot Ten Shil- 
 lincrs for every Man or Beaft fo tranfported or ferried, to the next adjacent Ferry- 
 man : To be recovered by Warrant from any Juftice of the Peace, upon iull 
 Proof thereof made before iiim. 
 
 V. PRO- 
 
L A IV S of North-Carolina. 
 
 ^7 
 
 ■- cleared icF^-et 
 
 Y. PRO FID E D always. That all Rich Perfons who fhall hereafter under- pt^e'^to 
 take to keep any Public i^erry by Appointment, and do not provide good and p''"^'''^ ^'°^ 
 fufficient Boats, and keep the fame in good and furlicient Repair, and°well and fhc'r^mrtdr^ 
 fufficiently attended, tor the Paifage ot ail Travellers, fliall forteit and pay Ten ^"•^"^■''' "?>=- 
 Pounds for every Negled •, one Half to the Informer, and the other Half tor and "'''^°^ "'" 
 towards ttie contingent Charges of the Government : To be recovered, by Bill, 
 Plaint, or Information, in the General Court of this Province ; wherein no Ef- 
 foign, Protection, or Wager of Law, fhail be allowed. 
 
 VI. AND be it further Enacted, by the Authority aforefaid. That all Public 
 Roads already laid out or now in Ufe, or which hereafter fhall be laid out, fhall wd!-! 
 be cleared ot and from all Trees and Bruin, at leaft Ten Feet wide, and fuch 
 Limbs of Trees as may incommode Horfemen, cut away ; all Bridges or Caufe- Br^deesandc.uC 
 ways made, or to be made over Swamps, or fmall Runs of Water, the Pieces "^'^^^^ ''°* " ^^ 
 wherewith the fame fhall be made, fhall be laid acrofs the Road, and at lead Ten "'*''^" 
 
 Feet long, well fecured and made faft, and covered with Earth ; and all Brido-es 
 over deep and navigable Streams, fhall be made at leail Ten Feet wide, with 
 furficient and flrong i^ieces, at leaft Three Inches thick, with firm and Itrong 
 Pofts and Bearers, well fecured and faftened. 
 
 VII. AND be it further Enacted, by the Authority afcrefaid. That the Pre- p,eci„a court. 
 cind Courts fliall. Annually, appoint Surveyors of the Highways or Roads, who " =pp «"« Sur- 
 are, by this Aft, obliged to fummon all Male Tithables within their Divifions ""Jt^'^t^-l 
 and Limits, or luch as have been ufed and accuftomed to work on fuch Roads and '''^'''" *" '^"■''^ 
 Bridges, to meet at a Place and Time to be appointed fometime in the Months of "" '^^ ^^°^^^' 
 April and September, Yearly, to clear all Roads, and make, clear, and repair all 
 
 Bridges, within their Limits or Divifions •, and alfo at any other Time of the 
 
 Year, if Occafion fhall require : And whofoever fhall, upon fuch Summons, re- p.^ons negka- 
 
 fufe or negleft to appear, or to do and perform their Parts and Duties therein, '"? '° =pp'^'>'' 
 
 the Surveyor fhall caufe them to be fummoned to appear before the next Magif- to''f"rfe'irj'rfnr 
 
 trate, where, if he or they cannot fliew a reafonable Caufe for his or their De- ""'^ '^'>'' ^"-s- 
 
 fault, he or they fhall be fined Five Shillings for every Day's Negieft ; to be le- pif^d' in^-ring' 
 
 vied, by Order of the aforefaid Magiftrate, by the Surveyor, and laid out in hiring i*^'" >^ t^t- Room 
 
 Men in the Room and Stead of thole neglefting: But if it fhall happen that thofe Lg^' Or gifen to 
 
 Perfons who meet in Obedience to this Ad, fhall perform the whole Work that fitinhfrnik" 
 fnall be necefTary to be done at that Time, then all the Forfeitures fhall be equally " ' / " 
 
 divided among thofe who finifhed the Work as aforefaid. f-— 
 
 VIII. AND be it further Enacted, hy the Authority aforefaid. That where the surveyor, with 
 making of Bridges or Caufeways fhall not be judged proper to be performed bv ^"^ '^^''^ °^ '''^ 
 the whole Company working together, it fhall and may be lawful tor the Survey- '?ree with Fer- 
 or, with One I'hird of the Company that fliall be obliged to work thereon, to a- Brldg'° oTSlr. 
 gree with any Perfon or Perfons for performing the fame; and the Surveyor is wav,, and toiel 
 hereby impowered, alter the Work is finifhed, to levy the fame equally and in- ^he wLtl^U- 
 differently, by the Poll, on all fuch as are obliged to work thereon, and to make P^"y- 
 Diftrefs, in Cafe of Refufal or Non-Payment. 
 
 %rther Enacted, ly the Authority aforefaid. That all Survey- Surveyors r?g. 
 fhall negled or refufe to do their Duty as is by this Ad di- '^^^^i 
 
 IX. AND be it further 
 ors of Roads which 
 
 reded, or who fliall not keep the Roads and Bridges clear and in Repair, or let for "eryNegra! 
 them remain uncleared or out of Repair, after Notice given thereof, for and du- ^- 
 ring the Space of Ten Days, unkfs hindered by bad Weather, fuch Surveyor 
 fhall forfeit, for each and every fuch Offence, the Sum of Forty Shillino-s, over 
 and above fuch Damages as may be fuftained ; One Half of the faid Sum to be 
 employed towards Repair of fuch Road, and the other Half to him or thtm that 
 
 E will 
 
1 8 L ^ /V S^ of N O R T.H - C A R O L I N 
 
 yi. D. 1715. ^jii f^e for tiie fame: To be recoverecj, by Adion of Debt, Bill, J^laint, or ^n- 
 ^-^"""'^^'''^ formation, in any Court of Record within this Government •, whcrtin no Efibign, 
 Injuntlion, or Wager of Law, fhall be allowed or admitted of. 
 
 perC.ns ex-rrpt. d X, A 1<I D bc it furthcr Etiucted, by the Authority aforefaid. That no Member 
 
 from working on of the Council, or AfTcmbly, or Juftice of Peace, Coroner, Conftable, or Mi- 
 
 Roads. nifter of the Church of England, fliall be compelled to work on any Roads or 
 
 Bridges ; neither fhall any Freeholder be compelled to work himfelf, who fhall 
 
 fend Three Perfons, in one Diftrift, to work on any Road or Bridge : Any Thing 
 
 contained in this Ad to the contrary, in any-wife, notwithftanding. 
 
 CHAP. XXXVil. 
 
 A?i ABy to e?KOiirage the Building of Mills. 
 
 I. 'T) E it Enacted, by his Excellency the Palatine, and the reft of the true and 
 13 cibfclute Lords Proprietors of Carolina, by and with the Advice and Confent 
 of the reft of the Members of the General Affembly, now met at Little River, for 
 /y?)^ North-Eaft Part- of the faid Province-, and it is hereby Enacted, by the Au- 
 thority of the fame. That if any Ferfon or Perfons fhall be defirous to build a 
 ouri Arr.s%or^I Grift-Mill, either Wind-Mill or Watcr-Mill, within this Government, it fhall be 
 h^rrin'AcreXr l^wful for the Surveyor-Gencral, or his Deputy, by a Warrant from the Precind: 
 aWnd-Miiijio Court, to lay out, for fuch Perfon or Perfons fo defiring to build a Mill, Two 
 the" own'f' 'fi'r Acres of Land for a Water-Mill, and Half an Acre for a Wind-Mill, in fuch 
 the c nfid'rati- Manner as for that Ufe fhall be molt convenient, upon or out of any Man's 
 co'nve^an^e!'' "Land ', which fiid Land fhall be appraifed by Four hontft Men of the Neighbour- 
 hood, appointed by the Precind Court, who fhall make a true Return of their 
 Appraifment, upon Oath, to the fame Prtcind Court -, and the Owner of the 
 faid Land, for the Conndtration-Money by the faid Appraifers appointed, fhall 
 be bound to make a Conveyance of fuch Land to him or them that fhall build 
 fuch Mill or Mills, their Heirs and Aiiigns, with Liberty of Ingrefs, Egrefs, 
 and Regrefs, to and from the fume, under this Condition, and exprefs Limitation 
 On Condition and Provifion, That fuch Perfon or Perfons to whom the faid Land fliall be con- 
 buiid fMalTn 2 veyed, do ered, build, and finifh, on the Land fo conveyed, a fubftantial 
 Years. ' Working Mill, within the Term of Two Years after the Date of the Convey- 
 
 ance ; otherwife the faid Conveyance to be void, and of none Effed. ' 
 
 Owner of the 
 Land to have the 
 
 II. P RO VID E D always. That the Court fhall firlt give the Owner of the 
 Land Notice of the Motion of any Perfon to build a Mill on his Land ; and if 
 Preference. the Owner will givc Security to build a fubftantial working Mill on any Part of 
 his Land, then the Motion of fuch Perfon or Perfons is to be rejeded. 
 
 NoPerfon^Or- HI. P R V I D E D alfo. That in the laying out of the before-mentioned 
 tS"e in-ilJ'd''''" Two Acres, or half Acre, no Perfon's Garden or Orchard be injured thereby. 
 
 Perfons may ufe JV. A N D be it further Enactcd, by the Authority aforefaid,^ That whofoever 
 ll$"J'ZX fl^all build fuch Mill or Mills, ffiall have Liberty to make Ufe of any Timber 
 paying for the' foj- that Putpofc on any Lands adjacent, making full Satisfadion to the Owner 
 thereof, and to be appraifed, as is aforefaid. 
 
 All M'lis built as V. AND be it further Enacted, That all fuch Mills as are or fhall be built as 
 Pubiic'^nd'To'* aforefaid, fhall be deemed Public Mills, and the Owners thereof, or fuch as ufe 
 gnniinTurnfor and occupy the fame, fnall be obliged, as loon as their Turn come in Courfe, 
 all Perfons. ^^ ^^ polTiblv they Can, grind Wheat and Indian Corn for all fuch Perfons as 
 ^ • fhall 
 
LAWS of N O R T H - C A R O L.I N A. I9 
 
 fhall require the failie, afid lliall take Cdre that the fame- be forthcoming again ^i^- 
 
 to the Owner, on Demand, (the lawful Toil only excepted,) under the ir'enaity ^^ *^ 
 
 of double the Value ; to be immediately levied by a Warrant from the next Juf- 
 
 tice of the Peace, and paid to the r arty injured; which bting well ground, toII i sthof 
 
 without any P>aud or Deceit, they Ihall not have or exac^ any larger or greiitjr Wncat.&teih 
 
 Toll, than one Eighth Fart of Wheat, and one Sixth Fart of /wrf'-vj^ Corn, un- ''^^''"'■ 
 
 der the Penalty and Forfeiture of Ten I'imes the Value of the W heat or Corn fo penalty for tak- 
 
 brought to the Mill •, one Half to the Poor of the Parifh, and the other Half to "^s ^"s^f ToU. 
 
 him or them that fhall fue for the fame : To be recoveredi by Adlion of Debt, 
 
 Bill, Plaint, or information, in the Precinfl Court ; wherein no Injundtion, or 
 
 VS^'ager of Law, (hall be allo-.ved or admitted of. 
 
 CHAP. XXXVIII. 
 
 An ASt^ to appoint Public Regiflers, and to di?-eB the Method to be ob- 
 ferved in Conveying Lands, Goods, and Chattels ; and for preve7iting 
 fraudulent Deeds ajid Mortgages. 
 
 I. TT 7 H E R E A S His Excellency the Palatine, and the reft of the true and Grant fromXordg 
 V V abfolute Lords Proprietors, amongft other Privileges and Immunities, »''-''P'->-t rs, to 
 have given and granted to this their Province, to choofe Public Regifters : In Rl!gifters^"'''"' 
 Purfuance therefore to the faid Grant, and for the better and more effcdual Pre- 
 vention of fraudulent Deeds, Alienations, and Mortgages ; 
 
 II. B E it Ena^ed, hy his Excellency the Palatine, and the reft of the true and 
 abfchcte Lords Proprietors of the Province of Carolina, by and with the Advice ' 
 and Confent of the refi of the Members cf the General Affembly, new met at Little 
 River, for the North-Eaft Part of the faid Province^ and'-his hereby Enacted, by 
 
 the Aulhori4y of the fame. That it fhall and may be lawful for all, or the major Three FreehoU- 
 Part of the Inhabitants and Freemen of each Precinct, (who are qualified to vote 
 in the Eleftion of BurgefTes,) to meet, the Firft Day di April next, at the ufual 
 Place for Eleftion of Surgeifes, then and there, by a Majority of Votes, to eleft 
 Three Freeholders, as Candidates for the faid Office ; of which faid Candidates fo 
 to be elected, the Provoft-Marfnal of each Preciad, or his Deputy, (who are '° ^""^^ '^""■■•'^ 
 hereby required to attend fuch Eledtions,) fhall, within Twenty Days alter, make tou're'c^viemor" 
 Return to the Governor or Commander in Chief tor the Time being, under the ""'^''' ''"'^'^y "^ 
 Penalty of Five Pounds for every fuch Negleft ; and .the Govenior or Com.- ^ ' 
 mander in Chief, with the Advice of the Lords Proprietors Deputies, Hiall make Governor to 
 Choice of one of fuch Candidates fo eleCted as aforelaid, who, being- ccmmiiTion- '^°'"'"''^''"^'« . . 
 ed under the Hand and Seal of the Governor or Commander in Chief, fliall be teT. ° ^ ^^"' 
 thereby inveftcd with the Office of Regifcer of Deeds ; and, until there ii)e a Clerk 
 of the Parifh Church, of Births, Burials, and Marriages. 
 
 III. AND be it further Enacted, by the Authority aforefaid. That each and PuWIc Rpgukr 
 every Public Regifter fo chofcn and commiifTioned, fhall, within Three Months f g"": B.iid .n 3 
 after he fliall enter upon his Office, give Bond, with Two good and fufficient Se- Pou"ndsto'r"fauh- 
 curitics, to his Excellency the Palatine, and the Lords i roprietors, in the Sum {""' qJ^^'"'^^ °^ 
 of One Thoafand Pounds, for the faithful Difcharge of his Office; which Bond b nd w he given 
 fhall be given before die Juflices of the Precind whereof the Party fhall be ao- '"'"'•"'"■^Pf ■■> 
 
 ■, iP -n 1 11- 1 /-A-- /-I r • 1 ^ ^ . .^ " '"'° reii.rded in 
 
 pointed Rtgilter, and recorded m the Ortice or the laid Court, and alfo in the ^^ '^■nft and se- 
 
 ers to be eltitcd. 
 
 Provoft-M.irfJial 
 
 lall be given before die Juftices of the Precind whereof the Party fhall be ap- ^"^"^1" 
 
 ointed Rtgifler, and recorded in the Office of the faid Court, and alfo in the ^^ '^■nft 
 
 Secretary's Office, and the Original repofited in the Hands of the Governor or '^J"'>'' ^'^- 
 
 Commander in Chief: And whoever, after the faid Firfb Day o'i April, fhall Ogmaitohe 
 
 officiate in the faid Office longer than Three Months without giving fuch Secu- ven^r!''"'*^''* 
 
 rity 
 
20 L^^S of North-Carolina. 
 
 not 
 
 rity as aforefaid, he or they fo offending, fhall torfeit and pay the Sum of Twenty 
 Pounds ; one Half to the informer, and the other Halt to the Poor of the Pa- 
 riih or Precindt. 
 
 Pro»:fo. IV, PROVIDED always^ That every Perfon or Perfons who now afV ia 
 
 the afor. Lid Office within any Precind of this Government, fhall be and continue 
 in the fame until fuch Choice fhall be made and confirmed as is before by this 
 Act dircded ; when they, and every of them, are hereby required and com- 
 manded to deliver to the Public Regifter of their Precind fo elefted and con- 
 firmed, all Papers and Records which fhall be in their Cuftody, that do, of 
 Rio-ht, belong and appertain to the faid Office, under the Penalty of Fifty Pounds. 
 
 No Conveyance V. AN D he It further EnaSled^ by the Authority aforefaid. That no Convey- 
 M n-a^' ""^r ance or Bill of Sale for Lands, (other than Mortgage,) in v/hat Manner or Form 
 unitfs" acknow- foever drawn, fhall be good and available in Law, unlefs the fame fhall be ac- 
 Sed^khma knowledged by the Vendor, or proved by one or more Evidences, upon Oath, 
 Months. ' ' either before the Chi^f Juftice for the Time being, or in the Court of the Pre- 
 cind where the Land lieth, and regiftred by the Public Regifler of the Precindt 
 where the Land litth, within Twelve Months after the Date of the faid Deed ; 
 Deeds fo executed ^^^ ^^^^^ all Decds fo done and executed, fhall be valid, and pafs Eftates in Land, 
 '° ^ "* ' " or Ria;ht to other Eftatt, without Livery of Seizin, Atturnment, or other Cere- 
 mony in the Law whatfocvcr. 
 
 De'ds already VI. P ROFIDED always. That all Deeds or Conveyances of Lands, Te- 
 
 psiTed, for villi- nements, or Hereditaments, Goods or Chattels, which are already pafTed, and 
 
 tfons, andregif". regiflrcd, or which fliall be regiftred within one Year after the Ratification of this 
 
 tr.=d with n a ^^^ ^^^ which B. good and valuable Confideration has been adually and hna fide 
 
 tool'. '"'" paid, lliall be good and available in Law and Equity, to Purchafers, and their 
 
 Heirs, a^yainfl the Vendors, and thtir Heirs, and all others claiming by, from, 
 
 or under them, in as full and ample Manner, to all Intents, Conftrudions, and 
 
 Purpofcs, as if fuch Title had been made either by Fine, Common Recovery, 
 
 Livery of Seifm, .Atturnment, or any other Ways ufed and pradifed within the 
 
 Kingdom of Great-Britain. 
 
 D--dsmndein VII. AND be it further EuaSfcd^ by the Authority aforcfaid. That all Deeds 
 
 pr'verrlbeforf, snd Convcyanccs of Land lying within this Government, made in Foreign Parts, 
 
 or ba.ie the ' which fliall be remitted hither, and proved before the Chief Juftice, or Court of 
 
 Snyc'tyf^!! the Precind where the Land lieth, in Manner as before direded •, or which fhall 
 
 or Governor of jjg perfonally aclcnowlcdgcd or proved before the Chief Magifbrate of any City, 
 
 and atr'fter'un- Town, or Corporation, within the King of Great-Britain's Dominions, and an 
 
 der the Pubi.c Attcftation thereof affixed thereto ; or which fhall be acknov/ledged or proved 
 
 md'w"hinT'^' before the Governor or Commander inChief of any his Majelly's Plantations, and 
 
 ^d' valid *" ^°°'' attefted under the Public Seal, and regiflred in the aforefaid Ofiice of the Precind 
 
 where the Land lieth, within one Year after the Arrival of fuch Deeds ; fliall be 
 
 good and valid in Law, to all Intents and Purpofes, as if made and executed 
 
 within this Government. 
 
 VIII. AND for the avoiding and abolifhing of feigned, covinous, and frau- 
 dulent Feoffments, Gifts, Grants, Alienations, Conveyances, Bonds, Suits, Judg- 
 ments, and Executions, as well of Lands and Tenements, as of Goods and Chat- 
 tels, which of late have been, and ftill are devifed and contrived, of Malice, 
 Fraud, Covin, or CoUufion, to the End, Purpofe, and Intent, to delay, hinder, 
 and defraud Creditors and others of their jufl and lawful Adions, Debts, and 
 Fccffment5,cifis Accompts ; // is hereby further Enabled, That all and every Feoffment, Gift, 
 cff. made 'for Grant, Alienation, Bargain, and Conveyance of Lands, Tenements, Heredita- 
 ments, Goods and Chattels, or of any of them, by Writing, or otherwife j and 
 
 all 
 
Zi-^//^.So/NoRTH-CAROLINA. 2i 
 
 all and every Bond, Suit, Judgment, and Execution, at any Time had or made ^- ^ '715. 
 fince the Firft Day o^ January^ Anno Domini 17 14, or at any Time hereafter to .l^^d^iil^ 
 be had or made, to or for any Intent or Purpofe laft bttore declared and ex- iit-^n'- ''>■" be 
 prefled, fhall be, from henceforward, deemed and taken, (only as againft that fv pTtmak- 
 Perfon or Perfons, his or their Heirs, Executors, Adminiilrators, and AlTlgns, '"sthefime. 
 and every of them, whofe Anions, Suits, Debts, Accompts, Damages, Penalties, 
 and Forfeitures, fhall releafe by fuch covinous or fraudulent Devices and Prac- 
 tices, as is aforefdid, or fhall or might be, in any-wife, difburbed, hindered, de- 
 layed, or defrauded,) to be clearly and utterly void, fruftrate, and of no Effect ; 
 any Pretence, Colour, feigned Confideration, expreffing of Ufe, or any Matter or 
 Thing to the contrary, notwithftanding. 
 
 IX. AN D he it further Enabled, by the Authority aforcfaid^ That all and Pirties to fuch 
 every the Parties to fuch feigned, covinous, or fraudulent Feoffments, Gifts, ''•'"<'"'':'" i^ ^^ds 
 G^-ants, Alienations, Bargain, Conveyance, Bonds, Suits, Judgments, Executi- lu'etLt^'f.' *" 
 ons, or other Things before expreffed, and being privy and knowing of the fame, 
 
 or any of them, which at any Time after the Firft Day of Aiigufi next comino-, 
 fhall, wittingly and wiUingly, put in Ufe, maintain, avow, juftify, or defend 
 the fame, or any of them, as true, fimple, and done, had, or made bona fide^ 
 and upon good Confideration ; or fhall alien or afBgn any the Lands, Tenements, 
 Goods, or Things before-mentioned, to him or them conveyed, as is aforelaid, 
 or any Part thereof; fhall incur the Forfeiture of the real Value of the Lands 
 and Tenements, Goods and Chattels -, One Moiety thereof to the Lords Proprie- 
 tors, and the other Moiety to the Party grieved, and intended to be defrauded 
 thereby. 
 
 X. P RO FID E D al-zvays, and be it further Enacted, by the Authority afore- Not to make 
 faid. That this Aft, nor any Thing herein before contained, fhall not extend or ^""i any convey. 
 be conflrued to impeach, defeat, or make void any Conveyance or Afliirance, In- made.^""" ^''^ 
 terefl. Limitation of Ufe, or Ufes, of, in, to, or out of any Lands or Tenements 
 heretofore at any Time had or made, or hereafter to be bona fide made, upon and 
 
 for good Confiderations, to any Perfon or Perfons whatfoever ; any Thing before 
 mentioned to the contrary, notwithftanding. 
 
 XI. AND for the Prevention of Frauds by double Mortgages and Convey- Mortgage «,« 
 ances of Lands, Negroes, Goods, and Chattels; Be it further Enabled, by the EdMe'firft 
 Authority aforefaid. That every Mortgage of Lands, Tenements, Goods, or Mongag=-^ 
 Chattels, which fhall be firft regiftred in the Regiftcr's Office of the Precind where 
 
 the Land licth, or of Goods and Chattels where the Mortgager liveth, fhall be 
 taken, deemed, judged, allowed of, and held to be the firft Mortgage, and to 
 be good, firm, fubftantial, and lawful, in all Courts, of Juftice within this Go- 
 vernment; any former or other Mortgage of the fame Lands, Goods, or Chattels, UniefsfitftMort- 
 not before regiftred, notwithftanding; unlefs fuch prior Mortgage be regiftred fn'^'^oo/?"^'^ 
 within Fifty Days after the Date. '" ^° "'^'' 
 
 XIT. PROVIDED always, and be it further Enabled, by the Authority a- if more Mort- 
 
 f-orefaid. That in Cafe more than one Mortgage fhall happen to be made and be fucras^'haVnot 
 
 in Force at one Time, of the fame Lands and Tenements, Goods and Chattels, regiftred, may 
 
 the fcveral Mortgagees which have not regiftred their Mortgages, their Heirs, Tre' pvtgVrL'.' 
 
 Executors, Adminiftrators, or Affigns, fhall have Power to redeem any Mort- ''p^'' '^'' 
 g;}ge or Mortgages regiftred, upon paying the principal Debt, Intereft, and Cofts 
 of Suit, to the prior Mortgagee or Mortgagees, their Heirs, Executors, Admi- 
 niftrators, or Affigns : And as a Punifhment for fuch intended Fraud or Covin, 
 
 every Perfon or Perfons which fliall mortgage the fame Lands, Tenements, Goods, Td Mortgage!"!.' 
 
 .01- (^1:>attcls, a Second Time, a former Mortgage being in Force and not difcharg- 'ftbdng nForce, 
 
 ed, fhall have no Power or Liberty of Redemption in Equity or otherwife. in Equity ^'^"' 
 
 F XIII. PRO' 
 
22 L A py S o/'North-Carolina. 
 
 XIIL P ROVIDED alfo. That nothing in this Acl contained fhall be con- 
 rf:,w fr.-iT>i>)wcr, ftrued, dccmed, or extended, to bar any Widow of any Mortgager of fuch Lands 
 ■il^ the Deed, Gfir" or Tenements, from her Right of Dower to the faid Land, who did not legally 
 
 join with her Hufband in fuch Mortgage, or otherwife bar or exclude herfelf 
 
 from fuch her Dower or Right. 
 
 Frft Mortgagee XIV. JND he it further Enacted, by the Authority afore faid. That every 
 T:ulb!f..re?se! pnor i-'urchafer, or Mortgagee, of any Lands or Tenements, Goods or Chattels, 
 Adv-'nta° et^h s "^hich lliail not, before tne Firft Day of January, iyi6, regifter his Title or 
 Purchafe. ' Mortgage as aforefaid, if after that Time a Second Deed of Sale, Conveyance, or 
 Pviortgage, be regiftred before the Prior, fuch Perfon fo neglefting fhall take no 
 Advantage or Benefit of fuch Purchafe or Mortgage already figned and fealed. 
 
 Public Regifter, XV. AND be it further Ena^ed, by the Authority aforefaid. That the Re- 
 Snlh^'wk' to gi^er aforefaid of every Precinft, when there is no Clerk of the Church in that 
 regifter Births, J: rccind, fhall regifter all Births, Marriages, and Burials, within the Precindt 
 Bumisf"' '""^ whereof he is Regifter -, and that every Mailer or Miftrefs of a Family who fhall 
 
 negle6t to regifter the Birth or Death of any Perfon born or dying within his or 
 Pcrfons negieft. j^gj- Houfe or Plantation •, and every married Man who fliall negle6t to remit to 
 foffe't" iT' p'er the faid Regifter a Certificate of his Marriage, and caufe the fame to be regiftred. 
 Month, to the fQj- Jongcr than one Month ; each Mafter or Miftrefs, or married Man, fo neg- 
 exceed'zo s?°' " leding, ihall forfeit and pay, to the faid Regifter, One Shilling fer Month for 
 
 every Month fo neglefted ; provided the whole do not exceed Twenty Shillings. 
 
 Penalties how to XVL AN !> be it fuvther EnaElcd, by the Authoftty aforefuid. That all Penalties 
 e recovered, ^^^ Forfeitures in this A6t mentioned, fliall be recovered, by Bill, Plaint, or 
 Information, in any Court of Record in this Government ; wherein no Injundion, 
 Protedion, or "Wager of Law, fliall be allowed or admitted of. 
 
 CHAP. XXXIX. 
 
 fni\'! x-]^i An Act, concerning Weights and Meafures. 
 
 Chap. 17, 
 
 C H A P. XL. 
 
 Staple Commodities Rated. O B S. 
 
 CHAP. XLI. 
 
 An ABj to a/certain the Hime for Payment of Fork, Wheat, and Indian 
 
 Corn. O B S. 
 
 CHAP. 
 
LA JV S of North-Carolina. 
 
 2^ 
 
 .1. ^. 1715. 
 
 CHAP. XLII. 
 
 An A6ti to af certain the Gauge of Barrels^ and to prevent Frauds in Fork 
 
 Beef Pitch, and Tar. 
 
 I. "O ^ ^^ Enacled, by his Excellency the Palatine, and the reft of the true and 
 ' J3 abfolute Lords Proprietors of the Province of Carolina, by and with the 
 Advice and Confent of the reft of the Members of the General Affembly now met at 
 Little River, for the North-Eaft Part of the faid Province, and it is hereby En- 
 a^cd, by the Authority of the fame. That from and aft^r the Ratification of this Barrels hov 
 Adl, no Cooper or other Perfon whatfoever making Cafk, fhuU expofe to Sale '^"'^'' '" '^"i''' 
 any Barrels or half Barrels for the holding' of Beef, i^rk. Pitch, Tar, or Train ml^"'' '° *" 
 Oil, but fliall contain and hold Thirty One Gallons and a Half each Barrel, and 
 Fifteen Gallons and Three Quarters each Half Barrel : And all Barrels and Half 
 Barrels which fhall be expofcd to Sale, Iliall be made of Timber feafoned at leafl 
 Six Months after the riving the Staves, not lefs than half an Inch thick when 
 wrought, the Heading not lefs than Three Quarters of an Inch thick, and well 
 dowelled ; Twelve good fubflantial PIoops on each Cafk, and the whole to be 
 tight and workman-like : And every Cooper making Barrels, or half Barrels, or Bnnd-M^rk to 
 any other Perfon making the fame, before they deliver or expofe the fame to Sale, Snd^Kcorder' 
 fhall fet his or their proper Brand-Mark upon every Barrel or half Barrel ; which 
 Mark he or they fliall caufe to be recorded in the Office of the Precind where he 
 or they Ihall refide or dwell. 
 
 II. AND be it further Enacted, by the Authority aforefaid. That every Cooper Cop=rto forfeit 
 or other Perfon expofmg to Sale any Cafk not agreeable to the Direftions of this Sach otiJZ 
 Ad, fhall, for every Offence, forfeit the Sum of Six Shillings and Eight Pence, 
 
 and theCaflc or Barrel fo deficient -, and for not recording his or their Brand, the F" "ot recording 
 Sum of Twenty Shillings i One Half to the Churchwardens and Veflry, for the ^'' ^"''' -°'' 
 Ufe of the Parifli, and the other Half to him or them that fhall fue for the fame, 
 before any Juftice of the Peace. 
 
 III. AND be it further Enacted, by the Authority aforefaid. That upon Com- Juftice, on Com- 
 plaint made, upon Oath, or folemn Affirmation, by any Perfon or Pcrfons, to Srk' S'^'if * 
 any Juflice of the Peace in this Government, That he hath received of any Per- "'ercLnt3bie"to 
 fon or Perfons, any Beef, Pork, Pitch, Tar, or Train Oyl, that is not merchant- iflFre!!!^ 
 able and good in its Kind j or is not in good and fufficient Cafk, as is by this t°vi"v the fame. 
 Law appointed i or that the Perk is deceitfully packed up, or contains more piamfb^MHo 
 Heads than is by Law allowed, or that there is Boars Flefh mixed or packed there- '''■<'<='■ do"We ba- 
 in, or that the Meat is not well faved or falted fit for Exportation ; or that the ^n^grieved^ 
 Beef is mixed with Bulls Flefh, Shanks, Marrow-Bones, or Heads, or in any- '^c Vaiue of 'the 
 wife defeftive and not merchantable ; fuch Juftice, upon all or any of thofe Com- fhJ ufe^o/tL 
 plaints, fhall ifTue his Warrant, directed to Two reputable Freeholders, Who. fhall ''''''''• 
 
 view the fame, and, upon their Oath, fhall make Report thereof, an4 of the 
 Damages, to the fame Juftice that iffued his Warrant ; and if the Compkiint fhall 
 appear to be juft, he Ihall immediately order double Damages to the Party injured, 
 and the Value of fuch Pork, Beef, Pitch,. Tar, or Oyl, fliall be forfeited to the 
 Churchwardens and Vcftry, for the Ufe of the Parifli where fuch Offender lived 
 or refided. 
 
 IV. AND be it further Enacted, by the Authority aforefaid. That all Forfei- Forfeitures toh« 
 tures that fliall become due by Virtue of this Act, fhall be fued for within Ten ^^^^ for in 10 
 Days after the receiving of fuch Caflc, Beef, Pork, Pitch, Tar, or Train Oyl, ^"^'' 
 
 and not after. 
 
 CHAP. 
 
24 L-^/TiSo/" North-Carolina. 
 
 CHAP. XLIII. 
 
 Rep. wAa,^- An AB^ to appoint the Marking ofHorfeSy Cattle, and Hogs y and to pre- 
 chlp.'s!"**" '^ent Injuria being done by killing, 7nifmarkingy driving away, or de* 
 
 Jiroying Peoples Stocks, 
 
 CHAP. XLIV. 
 
 Ska&Nov 17, jin AB, to appoint 'Toll-Books to be kept at or near Catherine' j Creek, in 
 
 i^9> »P' 5- Chowan PrecinSf, at the Head of Pequimons PrecinSl, and at the 
 
 Mouth of the North-weft River, in Currituck PrecinB ; and to prevent 
 
 Perfons from tranfporting or driving Horfes, Cattle, or Hogs, to other 
 
 Perjons Lands. 
 
 I. "TT T H E R E A S divers Perfons, Inhabitants oi Virginia, frequently coming 
 VV ^'^'^^ ^^^^ Government to purchafe Cattle or Hogs, it may be greatly 
 feared they may drive away Cattle or Hogs which they have not purchafed ; and 
 whereas divers Perfons, as well Inhabitants of this Government as of Virginia, dp 
 very often drive, lead, or carry Horfes, Cattle, or Hogs, to other Perfons Lands, 
 where they fuppofe is better Herbage or Maft than on that whereon they are 
 Dwellers : For Prevention whereof ; 
 
 II. B E it Enabled, hy his Excellency, the Palatine, and the reft of the true and 
 
 abfclute Lords Proprietors of the Province of Carolina, by and ivith the Advice 
 
 and Confent of the reft of the Members of the General Affembly, now met at Little 
 
 River, fpr the North-Eaft Part of the faid Province, and it is hereby Enacted, by 
 
 ToU-Bookstobe the Authority of the fame. That there Ihall be, at Catherine" % Creek, in Chowan 
 
 '"•'P'' Precind, at the Head of Pequimon River, and at the Mouth of the 'North-weft 
 
 River, in Currituck Frecindl, Perfons appointed by the Governor or Commander 
 
 All Cattle, t£(, i" Chief for the Time being, to keep Toll-Books \ and all Perfons, whether Driv- 
 
 to be entered,' ers, Purchafers, or Owners of Cattle or Hogs, Ihall be obliged to entrr in the 
 
 f^chSc, &c. Toll-Book every Beaft or Hog, with their Mark and Diftinftion, and of whom 
 
 or4os, ' purchafed: And that what Perfon foever Ihall drive Cattle or Hogs to Virginia, 
 
 and fhall negled to enter the fame in the refpedive Toll-Books, according to this 
 
 Ad, fhall forfeit every fuch Beaft or Hog which fliall be fo omitted as aforefaid ; 
 
 and if fuch Beaft or Hog be not to be had, the Perfon fo omitting ftiall forfeit 
 
 and pay the Sum of Forty Shillings ; to be recovered by a Warrant from the next 
 
 tice of the Peace. 
 
 Sot rntring every HT- A N D be it further Enacted, That every Purchafer, Owner, or Driver of 
 Beaft, z d. and Cattle aad Hogs, fhall pay, unto the Perfon fo appointed to keep the faid ToU- 
 
 erery Hog, i d. ^^^^^ ^^^ p^^^^ ^^^ ^^^^ g^^^^ ^^^ q^^ p^^^^^^ ^^^ ^^^^^ j^^^^ ^Y{\c\i fhall 
 
 be fo driven and entered in the faid Toll-Book. 
 
 No Perfon to I^. AND he it further Ena^ed, by the Authority aforefaid. That if any Per- 
 
 drive Stock to foft or I*erfons whatfbever, either inhabiting in Virginia or this Government, 
 
 pTople^L^nd^r ^^11' after the Ratification of this Ad, prefume to drive, lead, tranfport, or car- 
 
 ".'"■ no P'^rfon to ry any Cattle, Horfes, or Hogs, to range upon any Perfons Lands, fhall forfeit 
 
 p^naitj of^oT and pay the Sum of Ten Pounds : And that no Perfon or Perfons whatfoever^ 
 
 inhabiting in this Government, fhall give Leave to any other Perfon or Perfons, 
 
 either Inhabitant or Foreigner, to turn loofe, drive, or put on his Land^. any 
 
 Horfes, Cattle, or Hogs, under the like Penalty of Ten Pounds. 
 
 V. AND 
 
 f 
 
LA W S of N O R T H - C A R O t I N A. 
 
 -^J 
 
 ^. D. 17,5. 
 
 V. AND le it further Enacted^ hy the Authority afcrefaid,^ That no Foreigner n^T^hvT^ 
 vvhatfoever, either by Confent or Permiflion of any other Perfon or Pcrfons in- '"^"^ ^^"^'^ '"t" 
 habiting in this Government, or otherwife, fhall prefume or offer to drive, lead, Winte^ ™"pe! 
 or bring into this Government, any Stocks of Cattle, Hogs, or Horfv-s, within- "^''y "f 20I, 
 tention to Winter them here, or to deftroy the Herbage or Mail ; under the 
 
 Penalty of Twenty Pounds: And it is hereby meant and intended, and fo fhall Nnnstobedeem- 
 be underftood and taken, that no Perfon fhall be deemed an Inhabitant that holds who^do''not're- 
 Lands by Entry, Survey, or Patent, but fuch as aftually and conftantly relide on ^^"^ "" their 
 fuch Lands, or keep the fame always tenanted, cultivated and improved. them tenamed.'^ 
 
 VI. AND be it further Enacted, by the Authority aforefaid^ That the Ranger Ranger, ©"r. to 
 of each Precinft or Divifion where fuch Offence fhall be committed, or on his ""' ^ '^''''^^' 
 Default, the Keeper of the Toll-Book, is hereby appointed to make Diftr^fs of 
 
 fuch Cattle, Hogs, or Horfes, of any Perfon or Perfons offending ; the orie Half 
 of which Fine or Forfeiture fhall be to the Ranger, or Keeper of the Toll-Book, 
 whichfotvf r fliall make the Diflrefs, and the other Half to the Churchwardens and 
 Veftry, for the Ufe of the Parilh where the Offence fliall be committed. 
 
 VII. AND be it further E',Tactcd, by the Authority aforefaid. That all Fines Penalties how to 
 and Forieitures in this Att mentioned, and not herein and liercby exprelly and ^^ ')ii"p< ffi, and 
 particularly mentioned to whom they fhall be paid, and h6w to be recovered, "^"^ '^"^"^ • 
 fhall be, one Half to the Churchwardens and Veftry, for the Ufe of the Parifh 
 
 where the Offence' fhall be committed, and the other Half to him or them that 
 fhall fue for the fame, in any Court of Record in this Government, by Bill, Plaint, 
 or Information ; wherein no Effoign, Protection, Wager of Law, or Injunction, 
 fhall be allowed or admitted of. 
 
 CHAP. XLV. 
 
 What Fences arefiffficiejif. 
 
 I- "D ^ ^'^ Enacted, by his Excellency the Palatine, and the refl of the true and 
 jt5 abfolute Lords Proprietors of Carolina, by and with the Advice and Confent 
 of the reft of the Members of the General Affcmbly, now met at Little River, for 
 the North-Eaft Fart of the faid Province, and it is hereby Enacted, by the Au- 
 thority of the fame. That every Planter fhall make a fufhcient Fence about his Fence., how to be 
 cleared Ground Five Feet high, and the End of every Rail not to be above' Four '"'^'■ 
 Inches afunder, until the Fence be Three Feet high from the Ground •, wl\ich, if 
 any Perfon be deficient in, whatfoever Trefpafs or Damage fuch Perfon fhall fuf- 
 tain, by Horfes, Hogs, or Cattle, the Owner of fuch Horfes, Hogs, or Cattle, 
 fhall not be liable to any Aftion of Trefpafs, or to make Satisfadion for fuch • 
 Injury. 
 
 II. AND be it further Enacted, That if any Perfon, whofe Fence is infufBcient, Pofons not hav-, 
 fhall, with Guns, Dogs, or otherwife, unreafonably chafe, worry, maim or kill '"eiiwfuiFences, 
 any Cattle, Hogs, or i-forfes, or caufe the fame to be done, fuch Perfon fo of- SL^t^S: 
 fending fhall make full Satistadion, for fuch Damages or Injury, to the Owner ^""^ '*'' ''""■"' 
 of fuch Horfes, Hogs, or Cattle, as he fhall thereby fuflain ; to be recovered „ . 
 by Aftion of Debt, in the Court of the Prccinft wherein fuch Injury fliall be com- "rcT "" 
 mitted, wherein the Teilimony of one Witncfs fhall be fufficient Proof ; provided 
 the Damages do amount to above the Value of Forty Shillings ; but in Cafe the 
 Damages be lefs than Forty Shillings, then the fame fhall be triable and determi- 
 
 ^ nable 
 
26 Lj4ff^S of North- Ca r o l i n a. 
 
 ^ £>. 1715- nable by and before Juftices of the Peace only, as by the Aft, intituled, Jn Act, 
 ^^^^i^^^r^^ for the Trial of fmall and mean Caufes^ is directed : But in Cafe any Horfe, Hogs, 
 the Fence Is fuf- or Cattle, flull trefpafs upon any Perfons Land whofc Fence fliall be fufficient, 
 mtde'good'by the according to the Diredions of this Aft, which fhall be determined by any Two 
 Owner of the fufficiefit Ffceholders of the Neighbourhood, indifferently chofen, and fworn be- 
 Horfe, ©"<. ^^^.^ ^^^^^ Magiftrate ; then the Owner of fuch Horfes, Hogs, or Cattle, fhall 
 
 make full Satisfaction for the Trefpafs, to the Party injured ; to be recovered in 
 
 fuch Manner as is herein before by this A6t directed. 
 
 Unruly Horfes, HI. AN D be it further EnaEled^ by the Authority afcrefaid. That every Perfon 
 
 Gfc. breaking in whofc Hotfe, Marc, or Gelding, fhall break into any inclofed Grounds, fenced 
 
 to be" kept "^up" Sccording to the Direftions of this Ad;, fuch Perfon or Perfons fhall be bound to 
 
 itom March \o, j^ggp ^(p fuch unruly Horfc, Mare, or Gelding, from the Tenth Day of iVf^rr;?', 
 
 until the Tenth Day of November, Yearly ; under the Penalty of paying double 
 
 Damages, with Cofts, to the Party injured, for the Second Offence or Trefpafs, 
 
 and for the Third Offence, treble Damages ; to be recovered as aforefaid. 
 
 B 
 
 CHAP. XLVI. 
 
 lUp. byAft,^. An A5l. concerning: Servants and Slaves. 
 
 prd i^, 1741. " 
 
 £hap. 24. 
 
 CHAP. XLVII. 
 
 Private Burials prohibited, 
 
 E it Enabled, by his Excellency the Palatine, and the reft of the true and ab' 
 
 folute Lords Proprietors of Carolina, by and with the Advice and Confent 
 
 of this prefent General Affembly, now met at Little River, for the North Eaft Part 
 
 Burial Places to ^f ^'^^ fa^^ Provincc, and by the Authority of the fame, it is hereby Enacted, That 
 
 »efet apart. cvcry Planter, Owner, Attorney, or Overfeer of every fettled Plantation in this 
 
 Government, or that hereafter fliall be fettled, fliall fet apart a Burial Place, and 
 
 Fence the fame, for the interring all fuch Chrifbian Perfons, whether bond or free, 
 
 that fhall die on their Plantation •, and that before the Interring, there fliall be 
 
 be'buried'.""^ '^ Called at leaft Three or Four of the Neighbours to view the Corps : And if it ap- 
 
 On sufpicion of pears to them that the Perfon came to his or her Death by any Violence or un- 
 
 re°'to"be'informr lawful Mcans, Noticc thereof fhall be given forthwith to the Coroner of the Pre- 
 
 '*'• cind, fo that Proceedings may be had thereon according to Law: And in Cafe 
 
 to come & v"iew^ any of the Perfons fo called fliall refufe to come and view, he or fhe fo refufmg 
 
 «o forfeit 5 s. ' ^^\\ forfeit and pay the Sum of Five Shillings ; to be levied by a Warrant from 
 
 the next Juflice of the Peace, and paid to the Churchwardens, for the Ufe of the 
 
 Poor of the faid Parifh. 
 
 Perfona burying II. AND be it further Enabled, by the Authority aforefaid. That if any Per- 
 
 Aa""to Vfeit ^^'^ ^° dying fhall be buried contrary to the true Intent and Meaning of this Ad, 
 
 10 1! uniefs the the Pctfon or Perfons occafioning the fame, fhall forfeit and pay the Sum of Ten 
 
 t^oTeSed dS Pounds •, One Third to the Informer, One Third to the Lords Proprietors, and 
 
 where, &c, the Other Third to the Poor -, to be recovered, by Bill, Plaint, or Information, 
 
 in the General Court of this Government -, wherein no Effoign, Protedion, or 
 
 Wager of Law, fhall be allowed : Uniefs fuch Perfons, in their Life-time, figni- 
 
 fied their Defire of being interred elfewhere ; or uniefs the Perfon concerned in 
 
 fuch Burial can make it appear, that fo many of the Neighbourhood refufed to 
 
 come. 
 
Z/yf/^^'S ^North-Carolina. 27 
 
 come, on Notice given them, to appear and view the Corps, or that he could ^- ^- jm- 
 not without great Travel and Expence, or Damage to the Corps, keep it any 
 
 longer 
 
 CHAP. XLVIII. 
 
 ^n A^i concerning Proving Wills ^ a?jd graiiting Letters of Admirdjira- seeAaAw.aj, 
 tion J and to prevent Frauds in the Managemeiit of hitefates Efates. ^'~" '^' '°' 
 
 I. nrj E it Enabled, by his Excellency the Palatine, and the reft of the true and 
 fj absolute hords Proprietors of the Province of Carolina, by and ijoith the 
 Ativice and Confent of the reft of the Members of the General Affembly now met at 
 Little River, for the North-Eail Part of the faid Province, and it is hereby En- 
 acted, by the Authority of the fame. That all Wills and Adminiftrations heretofore wiiis, &c. here- 
 proved and granted by the Council, General Court, Precinft Court, or by any 'f^^^^h'rGoverl 
 Powers or Commifllons heretofore granted by any Governor, Deputy-Governor, nor, &c. deciar- 
 Preftdent and Council, to any particular Perfon or Perfons, ihali be deemed, ad- ^"^ ^°°''' 
 judo-ed, and taken to be good and efFe(5lual, to all Intents and Purpofes whatfo- 
 ever, as if proved before, or granted by, any Ordinary or other Ecclefiaftical 
 Judge or Perfon. 
 
 II. A]<IT> be it further Enacted, by the Authority aforefaid. That it fhall and ^^Z'l^^.^i.' 
 may be lawful for the Governor or Commander in Chief for the Time being, the 
 
 General Court, or Precind Court, to have Wills proved before them, and to 
 grant Orders for Adminiftration. 
 
 III. PR OVID ED always. That the fame be not repugnant to the Rules 
 and Methods prefcribed by this A61 ; and provided alfo, that the granting Let- 
 ters Teftamentary, or Letters of Adminiftration, always excepted -, which fhall Letters Tefla- 
 be always, from and after the Ratification of this Ad, figned by the Governor ^ranted!'*"'"^"'* 
 or Commander in Chief for the Time being, and fealed with the Colony Seal, 
 
 and only iffuing out of the Secretary's Office, and counter-figned by the Secreta- 
 ry, or his Deputy. 
 
 IV. AND be it further Enacted, by the Authority aforefaid. That no Perfon No Perfon to ad- 
 do prefume to enter upon the Adminiftration of any deceafed Perfons Eftate, un- J^|" g^'^'i^by* 
 til they have obtained fuch Commiflion of Adminiftration, or Letters Teftamen- the Governor, oq 
 tary, figned by the Governor, under the Penalty of Fifty Pounds ; One Half to ^''"^''^ °^ ^° ** 
 the Informer, and the other Half to the Governor or Commander in Chief for the 
 
 Time being : To be recovered, by Bill, Plaint, or Information, in the General 
 Court of this Province •, wherein no Effoign, Protedion, or Wager of Law, fhall 
 be allowed or admitted of. 
 
 V. A N D be it further Enacted, by the Authority aforefaid. That the Secretary f,'j.^7f;fj°.^jf^ 
 or his Deputy, fliall not affix the Colony Seal, or fub-fign any Letters Tefta- tamentary, tii 
 mentary, without taking the Executor's Oath, for performing the Will of the ^^'^^^'''"^"cf 
 Deceafed -, unlefs Certificate is made by a Juftice of the Peace, that the fame Adminiftration, 
 Oath is Liken before him •, or Letters of Adminiftration, without the Adminiftra- 'i,'|f/'^|fe''^'X' 
 tor has taken the Oath of an Adminiftrator, and has alfo given fufficient Bonds, and give Bond. 
 with Two or n:ore able Sureties, taken either before the Secretary, or the Juftices 
 
 of the Precind Court, and returned into the Secretary's Office, (Refped being 
 had to the Value of the Eftate,) in the Name of the Governor or Commander in 
 Chief for the Time being, with the Condition in Form and Manner following, 
 rr.utatis mutandis, viz. 
 
 THE 
 
23 L A JF S of ^ O R -T H - C A R O L I N A. 
 
 ^-j^ H E C o N D I T I o N of this Obligation is fuch, That if the above bounden 
 • J[ ' M. B. A'dminiftrator of all and lingular the Goods and Chattels, Rights and 
 Credits, of C. D. decealed, do make, or caufe to be made, a true and perfect 
 Inventory of all and.fingular the. Goods and Chattels, Rights and Credits, of the 
 faid Deceafed, which have, or fhall come to the Hands, Poffefllon, or Know- 
 ledge of him the faid J. B- or into the Hands and Pofieflion of any other Pcr- 
 fon or Perfons for him, and the fame fo made do exhibit, or caufe to be exliibi- 
 ted, into the Secretary's Office, and one attefted Copy thereof to the Precin6t 
 Court where Orders for Adminiftration palTed, within Ninety Days after the Date 
 of thefe Prcfents ; and the fame Goods, Chattels, and- Credits, and all other the 
 Goods, Chattels, and Credits of the faid Deceafed, at the Time of his Death, or 
 which at any Tim'fe after fhall come to the Hands or Pofleffion of the faid J. B. 
 or into the Hands or Polfeffion of any other Perfon or Perfons for him, do well 
 tand truly adminifter according to Law ; and further, do make, or caufe to be 
 made, a true and juft Account of his faid Adminiftration, within one Year after 
 the Date of thefe Prefents, and all the reft and Refidue of the faid Goods, Chat- 
 tels, and Credits, which fliall be found remaining upon the faid Adminiftrator's 
 Account, the fame 'being firft' exa'rtiined and allowed of by the Governor and 
 Council, General'Court, or Preciii£i Court, fliall deliver and pay unto fuch Per- 
 fon or Perfons, refpeftivcly, as the fune fliall be due unto, purfuant to the true 
 Intent' and Meaning of this Aft ; and if it fliall appear tiiat any Laft Will and 
 Teftament was made by the Deceafed, and, by the Executor or Executors therein 
 named, do exhibit the fame into Court, making Requeft to have it allowed and 
 approved^ accordingly, if the faid AB. above bound, being thereunto required, 
 do render and deliver the faid Lettet^s of Adminiftration, (Approbation of fuch 
 Teftament being firft had and made,) in the faid Court ; then this Obligation to 
 be void, and of none Eftedl : Or elfe to remain in full Force and Virtue. 
 
 ft ii-.d to be af- Which Bonds are hereby Enafted and Declared to be good, to all Intents and 
 p^ny injure?.' Purpofcs, and pleadable in any Courts of Juftice ; and fliall be transferred or af- 
 ■ figncd, 'by the Governor or Commander in Chief for the Time being, to any 
 
 Perfon or Perfons injured, who Ihall and may maintain an Action thereon. 
 
 intfft.nes rftiies VI. A N D he it further Enadi&d,' bythe Authority p.forefajd. That all and eve- 
 butl/."' ^' ''''^"" ry Perfon and Perfons to whom Adminiftration fliall be granted, fliall diftribute 
 the Surplufage of fuch Eftates in Manner following ; that is to fay. One Third 
 Part of the faid Surplufage to the Wife of the Inteftate, and all the reft, by equal 
 Portions, to and among the Children, in Cafe any of the faid Children be then 
 dead, other than fuch Child or Children (not being Heir at Law,) who fliall have 
 any Eftate by the Settlement of the Inteftate, or fliall be advanced by the Inteftate, 
 in his Life-time,- by Portion or Portions, equal to the Share which fliall, by fuch 
 Diftribution, be allotted to the other Children to whom fuch Diftribution is to be 
 nrade : And in Cafe any Child (other than the Heir at Law,) who fliall have any 
 Eftate by Settlement from the faid Inteftate, or fliall be advanced by the faid In- 
 teftate, in his Life-time, by Portion, not equal to the Share which will be due 
 to the other Children by fuch Diftribution as aforefaid, (fuch Settlement or Ad- 
 vancement to be adjudged to the Value it was worth at the Time of the Settle- 
 ment or Advancement,) then fo much of the Surplufiige of the Eftate of fuch In- 
 teftate to be diftributed to fuch Child or Children as fliall have any Land by Set- 
 tlement from the Inteftate, or were advanced in the Life-time of the Inteftate, 
 as fliall make the Eftate of all the Children to be equal, as near as can be eftinia- 
 ted -, but the Fleir at Law, notwithftanding any Land that he fliall have by Dif- 
 cerit, or otherwife, from the Inteftate, is to have an equal Part in the Diftribu- 
 tion with the reft of the Children, without any Confideration of the Value of Land 
 which he hath by Difcent, or otherwife, from the Inteftate : And in Cafe there be 
 
 no 
 
LA W S of North- Carolina. 
 
 J. D. 17 
 
 Eftatc to be divi- 
 ded in laMonths, 
 
 no Children, nor any legal Reprefentatives of them, then One Moiety of the faid 
 Eftate to be allotted to the Vv ife of the Intcftate ; the Refidue of the faid Eftate 
 to be diftributed equally to every of the next of Kindred of the Intcftate who are 
 in equal Degree, and to thofe who legally reprefent them ; provided that there 
 be no Repreientatives admitted among Collaterals after Brothers and Sifters Chil- 
 dren : And in Cafe there be no Wife, then all the faid Eftate to be diftributed 
 equally to and amongft the Children : And in Cafe there be no Child, then to the 
 next of Kindred, in equal Degree, of or unto .the Inteftate, and their legal Re- 
 prefentatives, as aforcfaid -, and in no other Manner whatfoevcr. 
 
 Vir. AN D he it further EnaHedy by the Authority aforejaid. That no Exe- ^^^^^^^^ 
 cutor or Adminiftrator fhall, hereafter, take, or hold himfelf, (according to the nisniftr'at'r" net 
 Value of Appraifment,) more of the Deceafed's Eftate, than amounts to his ne- a^ Eftat-X'nh^ 
 ceffary Charges and Difburfements, and fuch Debts as he fhall legally pay within charges," Gfc 
 Twelve Months after Adminiftration granted ; but that all fuch Eftate fo remain- 
 ing, ftiall, immediately after the Expiration of Twelve Months, be equally and 
 indifferently divided and paid to fuch Perfons to whom the fame is due by this 
 Aft, or the Will of the Dcceafed, fuch Perfon or Perfons, or fome other for Secur:ty to be 
 them, giving good Security, that if any Debt or Debts truly owing by the De- S' cafe*°f DSt""^ 
 ceafed, Ihall be afterwards fued for, and recovered, or otherwife duly made ap- 
 pear, that then, and in every fuch Cafe, he or they ftiall refpectively refund and 
 pay back to the Executor, or Adminiftrator, his or her ratable Part of that Debt 
 or Debts, with the Charges of the Executor, or Adminiftrator, by Reafon of fuch 
 Debt or Debts, out of the Part or Share fo as aforefaid allotted to him or her, 
 thereby to enable the faid Executor, or Adminiftrator, to pay and fatisfy the faid 
 Debt or Debts fo difcovered after Diftribution made as aforefaid. 
 
 VIII. AND he it further Enacted^ hy the Authority aforefaid. That where any Admmiftmicnfe 
 Perfon ftiall die Inteftate, Adminiftration ftiall be granted to the next of Kin to ^'^""^ s""t«^- 
 the Deceafed, provided fuch Perfon -make Claim for the fame, in the Secretary's 
 
 Office, or Precind: Court, before the next General Court following the Death of 
 the Inteftate, before which Time Adminiftration ftiall not be granted to any Per- 
 fon ; and for Want of fuch, to the greateft Creditor, proving his Debt, upon p^^^^ 
 Oath, before the Governor or Commander in Chief for .the Time being, the Ge- in'gaRighT^" ' 
 neral, or Precind Court : And in Cafe any pretending a Right to Adminiftration, Adminiftration, 
 fliall, before the next General Court following the Death of fuch inteftate, enter clveat^nTheSe- 
 a Caveat, in the Secretary's Office, againft any other Perfon's having Adminiftra- T^^^'-l °'^''' 
 tion, the Secretary, or his Deputy, ftiall forbear to feal or counter-fign any Let- not to be granted 
 ters of Adminiftration, till the Cafe in Controverfy ftiall be heard and determined determined' L 
 by the Governor or Commander in Chief, and Council, for the Time being. f'"= '^e cover- 
 
 ^ nor& Council. 
 
 IX. ANT> he it further Enacted, hy the Authority aforefaid. That Creditors creditors tomake 
 of any Perfon deceafed, fhall make their Claim within Seven Years after the Death *^^">-ciaim in? 
 of fuch Debtor ; otherwife fuch Creditor fliall be for ever barred : And if it ftiall barred. °' """ 
 happen that any Sum or Sums of Money ftiall hereafter remain in the Hands of J^veLs'^o 
 any Adminiftrator, after the Term of Seven Years fliall be expired, and not reco- to \hlvlxx^ 
 vered by any of Kin to the Deceafed, or by any Creditor in that Time ; the fame 
 ftiall be paid to the Churchwardens and Veftry, to and for the Ufe of the Parifti 
 where the faid Money fliall remain. 
 
 after 
 
 H CHAP, 
 
,s^ 
 
 LA JV S of North-Carolina. 
 
 ':^ D. 
 
 CHAP. XLIX. 
 
 An A£l^ coficerning Orphans, 
 
 1. "O ^ ^^ Enabled, by his Excellency the Palatine, and the rejl of the true and 
 J3 ^i'foltiie Lords Proprietors of the Province of Carolina, hy and with the 
 Advtce and Confent of the reft of the Members of the General Affembly now met at 
 Little River, for the North-Eaft Part of the faid Province, and it Us hereby En- 
 adied, by the Authority of the fame. That from and after the Ratincation of this 
 A(5t, no Ptrfon or Perfons whatibever fhall give or bind any Children or Or- 
 phans not to he phans, nor fliall any Pcrfon take or receive any Children or Orphans fo given or 
 'thrc!>ur'r<r^ bound, (unlefs the fame be from the Parents,) without the Leave or Confent of 
 their p.ir.nts; the Prccintt Court v^^hcrc fuch Children fhall refide or dwell, under the Penalty 
 20 J. of Twenty Founds ; One Halt to be paid to and tor the Ufe of fuch Child or 
 
 Orphan, and the other Half to him or them that will fue for the fame. 
 
 Cliildren or Or- 
 
 Precinft Courts 
 to prant Letters 
 of Gu.nd ai rti p, 
 anJ to take Se- 
 curity, or Ik- li- 
 able for the Da- 
 mage. 
 
 II. AND be it further Enacted, by the Authority aforefaid. That the Precinct 
 Courts are hereby authorifed and im powered, to grant Letters of Tuition or 
 Guardianlhip to fuch Perfons as they fhall think proper, for the Care of brining 
 up and Education of all Orphans, and for the taking Care of their Eftates ; of all 
 which Guardians fo by them appointed, they fhall take good Security, for the 
 due Performance of their Office or Truft : And if the faid Courts, or any of them, 
 fhall negleft to perform the Powers and Authorities by this Ail given them, the 
 Members of thofe Courts fo negle6ling their Duty, fhall be liable to make good 
 all Damages that fhall happen, by fuch their Omiillon, to any Child or Orphan. 
 
 Orphans to be III. A N D bc it further Enacted, by the Authority aforefaid. That all Orphans 
 
 m"int'^ted"ac- ^^1^ ^c educated antl provided tor, according to their Rank and Degree, out of 
 cording t.) their the Incomc or Interelf (jt their Eftates and Stocks, if the fame will be fufficient ; 
 Eftale" infufRc.- othetwife fuch Orphan fhall be bound Apprentice to fome Handicraft Trade, (the 
 ent, to be bound Matter Or Miftrefs of fuch Orphan not being of the Profeflion of the People called 
 Q^^akers. "" " ^lakcrs,) Until they Ihall come of Age ; unlefs fome of the Kin to fuch Orphan 
 
 will undertake to maintain and educate him or them for the Intereft or Income of 
 '^'^'"fh"d' *° ''* ^^^ ^^ ^^^ Eftate, without Diminution of the Principal -, which, whether the fame 
 
 be great or fmall, ihall be always delivered to the Orphan when of Age. 
 
 Stock to be deli- 
 vered to Orphans 
 in Kind. 
 
 -Plate and Money 
 by Weight and 
 Quantity. 
 Slaves, and their 
 Increafi;, to be 
 delivert'd. 
 Houdiuld Goods 
 ti) be fold. 
 
 Widow, &i. 
 bringing Suit, 
 Defendant (hall 
 fwear ; if not. 
 Judgment fhall 
 go againft him 
 for di uble the 
 Sum due. 
 
 IV, AND be it further Enacted, by the Authority aforefaid. That all Horfes, 
 Cattle, Sheep, and Hogs, fhall be returned by the Guardian in the Kind received, 
 and according to the Age and Number when they were received ; and all Plate 
 and Money ihall be prefcrved and delivered in Kind, according to Weight and 
 Quantity-, and all Slaves, and theirlncreafe, (Mortality excepted,) fliall be de- 
 livered when the Orphan comes at Age : But all Houfhold Goods and Lumber 
 that may grow worfe before the Orphan may come of Age, fhall, by Order of 
 Court, be fold at L\iblic Sale, and the Money arifing therefrom paid, by the 
 Guardian, to the Orphan when at Age. 
 
 V. AND be it further Ena.^ed, by the Authority aforefaid. That wliere any 
 Widow or Orphan fhall commence any Suit for Monies or other Legacies due to 
 them by Force of any Will or other Gift, or due to them from any Inteftate's 
 Eftate, the faid Court fliall adminifter an Oath to the Defendant or Defendants ; 
 and if he or they Ihall refufe to anfwer, upon Oath, the Court fhall proceed to 
 give Judgment tor the Plaintiff, for double the Sum as fhall be made appear to 
 be due. 
 
 CHAP. 
 
LA W S of North-Caroli n^a. 
 
 ji. D. 1715. 
 
 CHAP. L. 
 
 An A5t, to encourage the dejiroying of Vermin. EXP. 
 
 CHAP. LI. 
 
 An A6l^ to afcertain what Perfons are Tithables, and' to direct the Me- R^p. byAa,^- 
 thod to be obferved in taking the Lijls of them. chap.' 2!"^^' 
 
 CHAP. LII. 
 
 An Act, for appointing a Town in the County of Bath, and for fe curing 
 the Public Library belonging to St. Thomas'^ Parijh, in Pamptico. 
 
 I. T T 7 H E R E A S, at the Requefl of Mr. John Lawfon, Mr. Joel Martin^ PKamWf, 
 
 \'Y and others, a certain Tradt ..or Parcel of Land, purchafed by them, 
 lying on the Old Town Creek, in Pamptico^ and containing, by Eftimation, Six- 
 ty Acres, be the fame more or lefs, being Part of a larger Trad then belonging 
 to David Perkins^ but now in the Poffeffion, and of Right belonging, to Colonel 
 Thomas Cary, and divided from thence by a Line of marked Trees from the Old 
 Town Creek, to Mr. Barrow's Line, now alfo the Right and Poffeflion of the 
 faid Cary^ was Incorporated and made a Townfhip, by an Adl of the General Af- 
 fembly, made and ratified, at the Houfe of Captain John Hecklefield^ the Eighth 
 Day of March, Anno Dotnifu One Thoufand Seven Flundred and Five, with di- 
 vers Privileges and Immunities therein, and thereby invelted in the faid John Law- 
 fon, Joel Alartin, and Nicholas Daw, to and for the Ufes therein mentioned : 
 To promote therefore the Settlement of the faid 1 own, and for fecuring the Pub- 
 lic Library of St. Thomas's Parilh, in Pampiico ; 
 
 II. B E it Ena£ied, by his Excellency the Palatine, and the reft of the true and 
 abfolute Lords Proprietors of the Province of Carolina, by and with the Ad^nce 
 and Confent of the reft of the Members of the General Ajfembly, now met at Little 
 River, for the North-Eall Part of the faid Province, and it is hereby Enacted, by 
 the Authority of the fame. That the faid Land be, and it is hereby henceforward ^^^ invefted ■ 
 invcfled in Mr. John Porter, Mr. Joel Martin, Mr. Thomas Harding., and Capt. Comm'ijioners,'" 
 John Drinkwater, or any Two of them, to and for the Ufes aforefaid, and De- 
 clared, Confirmed, and Incorporated into a Townfliip, by the Name of Bath- 
 TowN; with all Privileges and Immunities hereafter cxprefled, for ever. 
 
 by the Name of 
 Batb-T-j-vun, 
 
 III. PURSUANT to which, // is hereby Enacted, That convenient Places Ground fet apart 
 and Proportions of Land be laid out and preferved, for a Church, a Town- qv,^„^i,"f^''' 
 houfe, and a Market-place •, and that the reft of the Land which is not already M.'aket-pi'ace. 
 -laid our, be forthwith laid out into Lots of Half an Acre each, with convenient 
 
 Streets and Pallages, by the faid Truftees, or any Two of them. 
 
 IV. AND be it further EnaHed, by the Authority aforefaid. That every Perfon AnyPrfon miy 
 whatfoever, who is defirous to be an^Inhabitant of the faid Town, Ihall have Li- '**" "i" ^°"' 
 berty to take up any Lot or Lots fo laid out as aforefaid, and not before taken 
 
 up ; which Lot or Lots the Commiflioners aforefaid, or any Two of them, are 
 hereby direded, required, and impowered, to grant, convey, and acknowledge, 
 
 to 
 
^2 Z,^/F5(5/'NoRTH^ C A R O I. I N A. 
 
 A. D. 171;. {-Q ^hg Pcrfons lb taking up the fame, and to his Heirs and Affigns, for ever, in 
 ul^i^Tiw^f Fee-Simple, upon Payment of Thirty ShiUings, Confideration-Money, for each 
 30s. Lot; out of which Money the firft rurchafers fiiall be re-imburfed the firft Pur- 
 
 chafe, with their reafonable Charges and Diiburfements, and the Overplus ihall 
 be appropriated to the Ufe of the Lhurch, to be difpofed of as by theVeftry of the 
 Precind of Beaufort fhall, from Time to Time, be direded and appointed. 
 
 R'.-fons taking ap V. P RO V I B E D cilways. That what. Perfon foe ver fhall take up, and have 
 Lts to build a conveyed to him, any Lot or Lots as afore-mentioned, and fhall not build, or 
 
 HouU' thereon ui ^^ ■',,-,, ^ • 1 • ■ i - -- i r 1 t-n r ^ r ■ ^ A 
 
 izMonthj. caufe to be built thereon, within 1 welve iviontns arter the Date oi the laid Con- 
 veyance, a good, fubftantial, habitable Houfe, or make fuch Preparation for fo 
 doinfy as the Court of the Preciniit, by View of any Two or more of the Juftices, 
 fhall judge reafonable to fecure the fame, every fuch Conveyance fliall be, and it 
 is hereby declared void and of no Effedl, as if the Hime had never been made ; 
 and the faid Lot or Lots Ihall be free and clear for any other Perfon to take up 
 and purchafe. 
 
 ., „ , VI. AND be it further Ena^ed. hy the Authority afore faid. That from and af- 
 
 No Hogs to run v ±. yj. i^ j^ ^^ j^ ^\ r ^y / \ r t i i • 
 
 «t large, on p- tcr the Firft Day ot April next, no Perfon or Perions whatloevcr, inhabitant, or 
 
 'tnrliolZtot. claiming any Right or Title to any Lots in the faid Town, ihall keep, raife, or 
 
 permit or fufFer to run at large in the faid Town, any Hogs or Shoats, under 
 
 the Penalty of forfeiting the faid Flog or Shoat •, One Half to the Perfon taking 
 
 up fuch Hog or Shoat, and the other Half to the Poor of the Parilh : And that 
 
 Lots how to be no Perfon, Inhabitant of the faid Town, or holding Lots there, fhall inclofe the 
 
 mciofed. fame, or keep the fame inclofed, under a common Stake Fence •, but every Lot 
 
 or Lots inclofed, fhall be either paled in, or done with Pofts and Rails. 
 
 Comm-iflioners to "^I^- A N B be it further Era£fed^ by the Authority aforefaid. That the Com- 
 removeNufances. miffioners aforefaid, or any Two of them, have full Power and Authority, and 
 they are hereby impowered and required, to remove all Nufances within the Li- 
 mits of the aforefaid Town. 
 
 VIII. AND becaufe in the former Survey of the Lots that are already furyey- 
 cd, each Lot contains Four Pole more than was warranted by the Ad of AiTem- 
 bly, for laying out the aforefaid Land, and the Truftees for granting the afore- 
 faid Lots having figned Sales for the Lands lying before the Fronts of the Lots, 
 contrary to the Authority granted them •, wherefore, that the Hime may be regu- 
 lated, and a Plat thereof made, fo as the Streets in the faid Town may anfwer 
 with the Lots intended to be laid out of the Land belonging to Col. Thomas Cary^ 
 adjoining thereto, 
 
 Re-fumy to be IX. B E it EnaEted^ That a Re-furvey be made of the aforefaid Town Land, 
 ""'''• by Order of the CommilTioners atbre-mentioned, and that each and every Perfon 
 
 holding Lands or Lots in the Town aforefaid, fliall have no more in their Lots 
 
 than juft Half an Acre, purfuant to the firft Intention and Dcfign of fettling the 
 owners of Front aforeifaid Town ; ftill referving to the Owners or PofTcfTors of all Lots in the a- 
 L.ts to have the forefaid Town, the Land lying before the Front of their Lots, upon Payment of 
 Fronts, for lo s. r^^^ Shillings for every Front, to the CommifTioners in this Ad appointed, who 
 
 are hereby authorifed and required to grant, feal, and deliver Deeds of Sale for 
 
 the fame. 
 
 Principal Street, X. PROVIBEB always. That the Principal Streets in the fliid Town fhall 
 
 to be ,0 Fuel be One Hundred Feet wide at leaft •, and that no Perfon fliall build or ered any 
 
 '""''• Edifice, Houfe, or Building, on the Lands lying before the Fronts, other than 
 
 Cellars or Vaults, whofe Covering fhall not be above Ten Feet above the Ground, 
 
 that the Profpcd of fuch as build in the faid Town may not be incommoded or 
 
 hindered. XL AND 
 
L A JV S o/' North-Carolina. 
 
 17,5. 
 
 XI. A I^ D be it further Enacted, by the Authority aforefaid. That the Church Churchs: Court- 
 for the Parifh ot" St. Tbo-mas, and the Court-lioufe for the Precinft of Beaufort ^ -ufe to b. buUt 
 and Hyde, iliall be built in the faid Town, on the feveral Proportions or Lots of '" ' '^ "*''"' 
 Land laid out for thofe Purpofes -, and that the Provoft-Marilial of the County of 
 
 Bath, and the Clerk of the Court for the Precind oi Beaufort, lliall keep their rjctkcfal; 
 refpe6tive Offices in the faid Town, under the Penalty of i^ive Pounds for every Crun, t.. ktcp 
 Month he or they fhall omit or negltdt fo to do ; one Half to the Intormer, and Tuwn °^nder "" 
 the other Half to the Juftices of the faid Court, towards the finilliing or repairing I'^iuity cf 5 1. 
 the Court-houfe : To be recovered by Action of Debt, Bill, Plaint, or Informa- 
 tion ; wherein no Prote6tion, Injunction, or Wager of Law, fliall be allowed or 
 admitted of. 
 
 XII. AND be it further Enabled, by the Authority aforefaid. That the Juf- juftices toi-iy a 
 tices of the Court aforefaid fliall have full Power and Authority to levy, or caufe |^g''',o°'i'''f^"'^" 
 to levied, any Sum or Sums of Money, not exceeding One Hundred Pounds in building a Coun- 
 the Whole, upon the Inhabitants or Eflates in the Precin«5b atorefaid, for and to- ^°"'^- 
 wards the erecting and building the Court-houfe afore-mentioned ; which the faid 
 
 Juftices are hereby required to caufe to be built and finiih^d, as foon as the Cir- 
 cumftances of the Inhabitants will admit of raifing the aforefaid Sum. 
 
 XIII. AND as a further Encouragement to the Settlement of the faid Town, Mi^fters, i^c. w 
 Be it Enaffed, by the Authority aforcjaid. That all Muftcrs for the Precincl of 
 Beaufort, Eleftions of Burgeffes, and all Bufinefs and Affairs of the like Nature, 
 
 which properly belongs to the faid Precinft, fliall be had, taken, done, and tranf- 
 acted within the faid Town of Bath, and in no other Place or Places whatfoever, 
 
 XIV. AND be it further Enacted, by the Authority aforefaid. That all Li- Liquors of the 
 quors which are bona fide the Growth, Produce, and Manufad:ure of the County «■• ^th uf Batb 
 oi Bath, fliall and may be retailed in Town, for the Space of Ten Years next af- SwiiId'.^T w^ 
 ter the Ratification of this A6t, by any Freeholder or Inhabitant of the faid Town, without Licenfe, 
 without any Licenfe or other Permit for fo doing ; fubjed neverthelefs to the fe- 
 veral Penalties, Forfeitures, and Reftritlions, as by the Law intituled, Ordinary- 
 Keepers hozo to fell, are made and provided. 
 
 XV. AND whereas divers Perfons poffciTed of Lots in the fiid Town do neg- 
 le<5l clearing the fame, and others do permit fuch as have been cleared to grow- 
 up with Brufli and Under-wood, to the great Annoyance ot the Inhabitants of 
 the fiid Town : 
 
 XVI. B E it Ena^ed, by the Authority aforefaid. That all Perfons, PoffeflTors or q^^,^^^^ ^f Lot 
 Owners of Lots in the faid Town, fliall, and they are hereby obliged, within to dear them, & 
 One Month after the Ratification of this Aft, to clear all fuch Lots fo held or ''^"p ''^"^"^ f^- 
 pofieffed by them, from all Manner of Wood, Uncler-wood, Bruih, or Grubs, 
 
 that are or may be oftenfive to the Inhabitants ot the faid Town, and fliall fo 
 keep the fame, from Time to Time, and at all Times hereafter, as often as 
 Need fliali require ; under the feveral Penalties and Forteitures hereafter in this 
 Ad: provided. 
 
 XVII. A N D be it further Enacted, by the Authority aforefaid. That all and eve- owners of Ln^ 
 fy Proprietor, Owner, or PoflTeflbr of any Lot or Lots in the faid Town, who fliall "«' clearing the 
 omit to clear t!ie fame within the Time before limited, fliall be liable and obliged to chTiHe'^hcfeoft 
 pay the full Value oi the Charge of clearing the faid Lots, to the 1 rufl:ees or Com- 
 miflioners atorefaid, who are hereby appointed, authorifed, and impowered, to caufe 
 
 all fuch Lots to be cleared as fliall, after the Time before limited, lie uncleared and 
 ncgleded ; the Value of which Work fliall be adjudged by Two Freeholders, In- 
 
 I habitants 
 
34 
 
 L A JV S of North-Carolina. 
 
 X D. 1715. habitants of the fuid Town,, (being firft Iworn before feme Magitlrate,) and fhall 
 
 '^^^'^P^TTig^d be recoverable in any Court of Record within this Government, or before Juftices 
 
 by 2 Freeholders of the Fcacc, if Under the Sum of Forty ShiUings, as in the Aft for fmall and 
 
 ofthsTown. mean Caufes is provided, by Bill, Plaint, or Information •, wherein no Effoign, 
 
 Protection, Injunction, or Wager of Law, Ihall be allowed or admitted of. 
 
 commimoner XV III. AN T) be it further Ena^cd, by the Authority afcrefaid^ That in Cafe 
 
 dying, &c. how ©f ^^g Death, or Departure out of the Government, of any of the aforefaid Com- 
 (c be rc-piaced, j^^^jp-jQ^^^j-g f^j. j-j-jg Xown, at any Time hereafter, the remaining Part of the faid 
 Commiflioncrs, together with the Juilices of the Court, are hereby authorifed and 
 impowered to make Ckoice of fome other Perfon or Perfons to fucceed fuch Com- 
 miffioner (o dying or departing as aforefaid ; which Perfon or Perfons fo elected 
 and chofen, fliail, and they are hereby invelled with as full Power and Authority, 
 to all Intents and Purpofes whatfoever, as the preftnt Commiffioners now in this 
 Aft nominated and appointed •, that fo the full Number of Commifnoners may be 
 always kept up and lull. 
 
 XIX. AND whereas, at the Promotion of the Reverend Doftor 'Thomas Bray, 
 a Library hath been feni over to Baih-Tcwny for the Ufe of the Inhabitants of the 
 Paridi of St. Thomas, iw Pampcico ; and it is juftly feared that the Books belong- 
 ing to the fame will quickly be embezzled, damaged, or loft, except a Law be 
 provided for the more effeftual Prcfervation of the fame : 
 
 XX. B E it therefore Enacted, by the Authority rforefaid. That the faid Libra- 
 fppTint'^'ubrl! ry fhall be, continue, and remain in the Hands, Cuitody, and PolTeirion of a 
 ry-keepcr. Library-kecpcr, to be elefted, nominated, and appointed by the Commiffioners 
 
 hereafter by this A6t appointed, or the major Part of them •, which faid Library- 
 biefJi-t'heTme* kccpcr is, and fhall be hereby bound and obliged, to keep and preferve the feveral 
 and rcfpeftive Books therein, from Waite, Damage, Imbezzlement, and ail other 
 Dellruftion, (Fire, and all other unavoidable Accidents, only excepted,) and is 
 and fliall be hereby accountable for the £vme, and every Book thereof, lo the 
 To give two Re- Commiirioncrs hereafter nominated-, and to that End and Purpofe, the faid Li- 
 thfc wflion- brary-keeper lliall pafs Two Receipts for the Library aforefaid, one to the Com- 
 ers, the other to iniffionets hereafter named, and the other to the Churchwardens of the faid Parifli 
 for the Time being, in which Receipts the Title of each Book fliall be inferted : 
 if damaged, to And in Cafe all or any of the Books is or fliall be found to be wafl:ed, damaged, 
 Vake"^°""' ''"' or embezzled, or otherwife defl:royed, (except as before excepted,) the faid Li- 
 brary-keeper, his Heirs, Executors, and Adminiftrators, are and fhall be hereby 
 bound and obliged to anfwer double the Value of the fame ; and the faid Com- 
 miffioners are hereby impowered to fue for the fame, in any Court of Record in 
 this Province, by Bill, Plaint, or Information, or otlier Aftion •, wherein no Ef- 
 foign, Protection, Injunftion, or Wager of Law, fliall be allowed j and that 
 what thereby fliall be recovered, (reafonable Charges and Expences dediifted,) 
 To h<r employed to cmploy and difpofe of towards the compleating and pcrfefting the aforefaid 
 towards perfeft. Library fo wafted, endamaged, embezzled, or otherwife deilroyed, within the 
 ing le ; rary. g^^^^ ^^ Twclvc Months after fuch Recovery. 
 
 On Dmh, &c. XXI. AND be it further Enacted, hy the Authority aforefaid. That in Cafe of 
 er ''chuTchwl'" ^^^ Death or Removal of the faid Library-keeper, the Churchwardens of St. 
 denstotXpof- T7jo«J(3j's Parifli fliall immediately take into their Cufl:ody, Pcfll'ffion, and fiife 
 feflion of the Li- Keeping, all the Books belonging to the faid Library, and fliall be anfwerable for 
 the fame to the Commiffioners hereafter in this Aft nominated. 
 
 Charchwardens XXII. ANDbt it further Enactcd, by the Authority aforefaid. That the Church- 
 bS ^^give wardens of St. 'Ty^^^w^/s Parifli, \n Pamptico, upon the receiving the Books be- 
 KoUce to the longing to the faid Library, fliall compare the fame with the Catalogue and Re- 
 ceipt 
 
L, A W S of' North -Carolina, 
 
 35 
 
 ceipt for the fame in their Cufiody ; and if any of the Fooks are wanting or da- 
 mao-ed, they fhall give an Account thereof, in Twenty Days at fartheft, to the 
 Commiflioners hereafter mentioned, who are impowertd to fue the faid Libra- 
 ry-keeper, or in Cafe of his Death, his Executors or Adminiftritors, for the 
 fame : And in Cafe the faid Churchwardens refufe or negled; to give fuch Account, 
 then the faid Churchwardens, their Heirs, Executors, or Adminiftrators, and 
 every of them, are hereby made accountable to the CommifTioners hereafter named 
 for afl the Books belonging to the fiid Library, and contained in the Catalogue 
 thereof 
 
 ^. D 
 
 1715- 
 
 Cocnm'.ffioners in 
 20 Djjs. 
 
 If not, to be an- 
 fwcrable for the 
 fimc. 
 
 XXIII. A N I) he it further Enacted^ by the Authority afcrefaid. That the faid Commiffiontrs to 
 CommiiTjoners, or any Fivfe of them, within Twenty Days after fuch Notice ^eep^^^ ]^hlrTo 
 given, fliall forthwith proceed to the Election of another Library- keeper, to DaysNotic:. 
 whofe Cuftody and fafe Keeping the faid Library, and every Book therein con- 
 tained, fhall be forthwith delivered by the faid Churchwardens, by Order of the 
 faid CommifTioners ; which faid Librar^'-keeper fo elefted, fhall continue in the 
 fame Cilice, unlefs removed by the faid Commiflioners, or the major Part of 
 thpm, (which they are, upon a juft Occafion, hereby impowered to do,) or until 
 the Settlement of a Miniiter in the faid Pariili •, which fiid Minifter or Incumbent 
 ihall, ex officio, be Library-keeper, and fhall be anfwerable for the fame to the 
 CommilTioners aforefaid, in Manner as is by this Ad: direded. 
 
 Who may be re- 
 moved. 
 
 Minifttr of the 
 Par;(h to bt Li- 
 brary-keeper. 
 
 XXIV. 
 
 PROVIDED alivays. That the faid Library Hi all not be removed Library not to br 
 ■out o^ Bath-Tcivn, other than to the Incumbent's Houfe •, and not thither, with- remold out of 
 out Liberty firil had and obtained from the faid Commiflioners, or the major 
 Part of them. 
 
 Town. 
 
 XXV. AND be it further Enacted, by the Authority aforefaid. That the In- i„'h^h\tMs may 
 habitants o^ Beaufort Precinft {hall have Liberty to borrow any Book out of the borrow Books, to 
 faid Library, giving a Receipt for the fame to the Library-keeper for the Time umiVed Tme." * 
 l)cing, with a Promife to return the faid Book or Books, if a Folio, in Four 
 Months Time ; if a ^.artc, in Two Months Time \ if an Octavo, or under, in 
 One Month's Timej upon Penalty of paying Three Times the Value of the faid 
 Book or Books fo borrowed, in Cafe of Failure in returning the fame : And the 
 faid Library-keeper is hereby obliged to enter fuch Receipt in a Book, to be fairly 
 kept for that Purpofe, and upon the Return of any Book or Books fo lent, fliall 
 note it returned on the oppofite Side or Column of the faid Book, and not crofs 
 •or blot the fame : And in 'C3.{g the Perfon that borrows any Book or Books out Borrower of 
 -of the faid Library, doth refufe to return the fame, or doth damnify the faid 
 Book, upon Complaint thereof given by the faid Library-keeper, his Executors 
 or Adminiftrators, to Two or more of the Commiflioners, and by them, or any 
 Five of them, to the Chief Juuice of the Province for the Time being, or any 
 Two Jufticcs of the Peace, it fhall be lawful, and the faid Chief Juftice, or any 
 Two Juftices, are hereby impowered and required, by Warrant ot Diftrcfs, di- 
 rected to any of the Confliables of the faid Precind, to levy Three Times the 
 Value of fuch Book or Books, on the Goods and Chattels of the Perfon fo refufing 
 'to deliver, or damnifying the fame ; and for Want of fuch Diftrcfs, to commit 
 the Perfon to Prifon, till Satisfaction be made to the faid Library-keeper. 
 
 B oks not re- 
 tuinine them, to 
 forfeit three 
 Times the Value, 
 
 XXVI. AND he it further Enacted, by the Authority aforefaid. That the '^^^TSo'II" 
 Commiflioners hereafter named, fliall make, or caufe to be made, feveral Cata- and ngn them. ' 
 >^ Jogues of all and Angular the Books in the faid Library, and the fame being fairly 
 written, and figned by the fiid Commiflioners, or fome Five of them, One to be 
 entered upon Record, in the Secretary's Oflice of this Province, One to be in the 
 Cuftody and for the Ufe of the Commiflioners hereafter named, under which tlie Catalogues where 
 'Library-keeper fliall fign a Receipt for the refpedive Books, One to be in the *" "^ " s« • 
 
 Cuftody 
 
L A IV S o/' North-Carolina. 
 
 Cullody of the Churchwardens of St. Thomases Parifh for the Time being, under 
 which the Library-keeper fhall alfo fign a Receipt for the rtfpedive Books, and 
 One to be fairly entered in a Book tor that Purpofe to be kept by the Library- 
 keeper in the faid Library ; that fo any Perfon may know what Books are con- 
 tained therein. 
 
 Cort^miflioners to XXVIL A N D be it further Enacted, by the Authority aforefaid. That the 
 fate the Books, CommifTioners, or any Five of them, hereutter named, after making One exaft 
 Cataloo-ue of all and fingular the refpeftive Books in the faid Library, fliall, and 
 are hereby direfted, to appraife and rate each Book, at a Price certain in the Cur- 
 rent Money of this Province •, which Appraifment Ihall be an eftablifhed Rule to 
 determine the Value of the faid Books, in Cafe any Suit is brought by the faid 
 CommifTioners againfb^ any Perfon .that lliall detain or damnify any of the faid 
 Books, or againlt tne Library-keeper, his Executors or Acfminiflrators. 
 
 commimoners to XXVIII. A N D be it further Enacted, by the Authority aforefaid. That the 
 cK^mine the V- Commiflloncrs hereafter named, or any Five of them, fliall, every Year, on Ea- 
 SiaryonceaYear. j^^^nday Yearly, refort to the Houfe where the faid Library fliall be kept, 
 and there examine the Books thereof by the Catalogue, and fee that there be the 
 full Number, and that they are not damaged or fpoiled -, and therefore the Li- 
 brary-keeper is hereby required, in lending any of the faid Books out of the faid 
 Library, notwithftanding the Time ufuaily allowed by this Adf, to oblige the faid 
 Perfon to return fuch Books as they borrow to the faid Library-keeper Ten Days 
 before the faid Eafter Monday, Yearly, that fo all and fingular the Books belong- 
 in o- to the Library aforefaid, may be expofed to the View of the faid Commifllon- 
 er^ the better to enable them to judge if they be any ways damaged or fpoiled, 
 and give their Order accordingly. 
 
 cnmnv.ffn n XXIX. A N D be it furthcr Enabled, by the Authority aforefaid. That the 
 
 named and ap- Honourable Charles Eden, Lfq-, prcfent Govv.rnor, and the Governor or Com- 
 ^' "'"*■ mandtr in Chief for the Time being, the Members of the Council for the Time 
 
 beins;, Chrtflopher Gale, Ffq-, Chief Jufl:ice, and the Chief Juft:ice for the Time 
 being' 'Tobias Knight, Efq^ Secretary, and the Secretary for the Time being, 
 Coi^Edivard Mofcley, Speaker of this prefent AlTtmbly, and the Speaker for the 
 Time being, Bawel Richardfon, Efq-, Attorney-General, and the Attorney-Gene- 
 ral for the Time being, the Members of the Precintl Court for the Time being, 
 Capt. Frederick Jones, Mr. John Porter, Mr. Joel Martin, Capt. John Drinkwa- 
 ter, Mr. John Clark, Mr. Patrick Maule, Mr. Thomas Worfeley, Mr. Lionel 
 Reading, Mr. James Leigh, and Mr. Tho?nas Harding, or any Five of them, are 
 hereby nominated to be Commiflioners and Truftees, for the due Infpedion and 
 Prefervation of the Library aforefaid, and all and fingular the refpedtive Books to 
 the fame belonging -, and they, or any Five of them, fliall have Power to com- 
 mence or bring any Suit or Acl:ion given by this A61. 
 
 inCaicofDeaih XXX. A N D in Cafc of the Death or Abfence of any of the Commiflioners 
 ?e/.!'/?hTcom! who are by this Ad particularly by Name before appointed, then the furviving 
 Tnifiioners\o"a"- CommifTiontrs, or any Five of them, at their next Meeting after fuch Vacancy, 
 .point others. ^^^ hereby fully authorifed and impowered to make Choice of another, in the Place 
 and Stead of him or them who fliall be dead or abfcnted ; which faid Commif- 
 fioners fo elected fliall be invefl:ed with the fame Authority, as if he had been be- 
 fore in this Ad particularly named and appointed. 
 
 conmimoners to XXXI. A N D be it further Enabled, by the Authority aforefaid. That theCom- 
 
 hl'^'btrTow'lJ" miffioners above named, or any Five of them, after having examined the Catalogue 
 
 of Books, and difcovered what are wanting, fliall fummons fuch Perfons as have 
 
 the faid Books in their Cuftody, to deliver the fame, within Twenty Days after 
 
 fuch 
 
LA IV S ^ N O R T H - C A R O L I N- A. 
 
 37 
 
 V ' 
 
 Bocks, to Ac- 
 count. 
 
 P^Tfons who have 
 to return 
 
 fuch Notice in Writing Ic-ft with the Perfon, or at his ufual Place of Abode •, and ^^- -d. 1715. 
 in Cafe any Perfon fnall fail or refufe to deliver the faid rcfpedive Books to the ' 
 faid Commiffioners, then the laid Com mifiioners, or any Five of them, are here- 
 by required, direded, and impowered, to take fuch Meafure for the Recovery of 
 the fame, or treble the Value thereof, as is before by this Act prefcribed. 
 
 XXXII. AN D be it further EnaSfcd, by the Authority aforefaid. That all Per- i-^o 
 fons that have borrowed, or have in their Cuftody, any of the Books belonging ^°"^'' - — " 
 to the Library aforefaid, fliall, on or before the next Eajler Monday, return the f^, m^ay 
 fame to the prefcnt Library-keeper, under the Penalty of the Forfeiture of treble 
 
 the Value of each Book not returned as aforefaid •, the better to enable tiie Com- 
 miflioners before named to make a perlccl Catalogue of the Books belongino' to 
 the faid Library. 
 
 XXXIII. A N D be it further EnaSled^ by the Authority aforefaid. That for the ^^d Town, to e 
 further Encouragement ot the Town of 5«/;6, and all other Towns now or here- i'-'^ oneBuigefs' 
 after to be built within this Government, it fhall and may be lawful for the P>ee- 
 
 holders of the faid Town of B.ith, and of all other Towns now or hereafter to be 
 built within this Government, at all Times hereafter when Reprefentatives or Bur- 
 geffes are to be chofen for the Precin6l wherein the Town lies, to eled; one Bur- 
 gefs to rcprefent the fime in all fucceeding Aflemblies. 
 
 # 
 
 XXXIV. PROVIDED always. That this Eledlion for Members of Allem- p,>vir.. 
 bly to ferve tor the Town of Bath, of any other Town whatfoe ver, fhall not be- 
 gin or conunence till fuch Town fhall have at leaft Sixty Families. ' 
 
 XXXV. PROVIDED alfo. That nothing in this Aft contained, fhall be Provifo. 
 held or taken to limit or hinder the Inhabitants of Newbern from fendino- a Re- 
 prefentative to the Affembly, being hereby allowed although there fhould not be 
 Sixty Families inhabiting in the faid Town. 
 
 CHAP. Lin. 
 4 
 
 An AB, concer?^7g Ordijiary-keepers and Tippli?ig-houfes. 
 
 Rep. by Aa, A- 
 
 /"■"'4. 1 74 1. 
 \'"Myj ' Chap. 20. 
 
 C.H A P. LIV. 
 
 An Act, afcertain'mg the Currency of Dollars. O B S. 
 
 CHAP. LV. 
 
 An AB, afccrtaining the Damage^ upon protefied Bills of Exchange, Rep. by aa, a. 
 
 fril^, 1741. 
 
 Chap, 16. 
 
 C H Ar~ LVL 
 
 Piibiick Letters how to be conveyed. O B S. 
 
 K CHAP. 
 
38 L A W S of Nor TH-C AR o L iTa. 
 
 '^'A. D. Ills. 
 
 "-"^ ' CHAP. LVII. 
 
 Rep by Aft,^ ^^j A5i^ to prevcHt taking Boats, Canoes, ajid Pettiaguas, from La?idmgs^ 
 Chap. 13. ' njcithout Leave. 
 
 CHAP. LVIII. 
 
 3!.-p. by Aft. An Aci, to afcertain Officers Fees, 
 
 April 6, 1748. 
 Chap. 2. 
 
 CHAP. LIX^ 
 
 An A£i, for reflraining the Indians fro7n ^nolefiing or injurifig the Ijiha* 
 bitants of this Government, and for fecuring to the Indians the Right 
 and Property of their own Lands. 
 
 Preamble. J. TjT T H E R E A S before the late War, daily and grievous Complaints of 
 
 y^ the Depredations and Infults of the Indians were exhibited againft them, 
 by divers Perfons bordering upon, and refiding near to the Habitations of the faid 
 Indians: For the Prevention of the like Dilbrders for the Time to come, and for 
 the cultivating a better Underfbanding with the faid Indians, the Want of which 
 has been fo injurious to the Government ; 
 
 II. Be it EnaHed, by his Excellency'^ 4,h^ Palatine, and the reft of the true and 
 
 ahfolute Lords Proprietors of Carolina, by and with the Advice and Confent of 
 
 this prefent General Jffcwb/y, now met at Little River, for the North-Eail Part 
 
 of the faid Province^ and_ it is hereby Enabled by the Authority of the fame. That 
 
 Indian!, killing whocver fliall difcover or find any Indian or Indians killing, hunting, or in Pur- 
 
 S"''to\^'"u'"'' ^'^^^'- ^^ '^"y Horfes, Cattle, or Plogs, the Right and Property whereof is in any 
 
 niflied. white Man, inhabiting within this Government^ every fuch Perfon or Perfons, 
 
 on Difcovery or Sight thereof, may, and he is hereby impowcred, to apprehend 
 
 and feize every fuch Indian or Indians, and him or them fo apprehended and 
 
 taken, to convey before fome one ot the Commifiioners to be appointed for Indian 
 
 Affairs, and for want of fuch, before the nejif Mag^rate •, which faid Commif- 
 
 fioner or Magiftrate, together with the Ruler or Head Man of the Town to which 
 
 fuch Indian Delinquent may belong, is and are hereby impowered to punifh every 
 
 fuch Delinquent in fuch Manner as the Nature of, the Offence may require, and to 
 
 Right to' appeal, award Rellitution to the Party injured for all Damages by him fuftained ; faving 
 
 always the Right of Appeal to the Governor and Council, if either Party fliall 
 
 think themfelves aggrieved or wronged thereby.' 
 
 Dftorences be- JU, AND bc it further Enacted, by the Authority aforefaid. That if any Dit- 
 vvTite Men7how fctcncc fliall, for the future, arife between any white Man ^n^^^ Indian, concerning 
 to be determined. Tradc, or othcrwifc howfocvcr, every fuch Difference fliall be heard, tried, and 
 determined by fuch Commiffioners as the Governor or Commander in Chief tor 
 the Time being fliall appoint, together with the Ruler or Head Man of the Town 
 to which the Indian belongs •, faving offf^ the Right of Appeal, as is herein beiore 
 faved and excepted. 
 
 IV. AND whereas there is great Realon to believe, that Difputes concerning 
 Land has already been of fital Confequence to the Peace and welfare of this Co- 
 lony ; 
 
L^^^'S'o/'North-Carolina. 39 
 
 lony •, Be it further Enatlcd^ by the Authority aforejaui^ Ihat no white Man fliall, f^JLJZlZ/ 
 for any Confideration wliatfoever, purchafe or buy any Tratt or Parcel of Land, no Perfon t,. buy 
 claimed or aftually in Poirellion of any Indian, without fpecial Liberty for fo do- ]^'^l'^^l confcnc 
 ino- from the Governor and Council firfl had and obtained, under the Penalty of ofGovemur an* 
 Iwenty Pounds for every Hundred Acres of Land fo bargained for and pur- '^''"""=''- 
 chafed ; one Half to the Informer, and the other Half to him or them that fliall 
 fue for the fame : To be recovered, by Bill, Plaint, or Information, in any Court 
 of Record within this Government ; wherein no EIToign, Proted:ion, Injunftion, 
 or Wager of Law, lliall be allowed or admitted of. 
 
 V. AND be it further Enacted, by the Authority nforefnid. That whatever White Men not 
 white Man fhall defraud or take from any of the Indians his Goods, or fliall beat, ^°™^ " '""• 
 abufe, or injure his Perfon, each and every Perfon fo offending, fliall make full 
 Satisfadion to the Party injured, and fliall fuffer fuch other Punifliment as he 
 fliould or ought to have done, had the Offence been committed to an EngUfhman. 
 
 F 
 
 C H A P. LX. 
 
 Publick Treafurcrs to give Account. 
 
 O R Prevention of Frauds in the Management and Difpofal of Public 
 Monies •, 
 
 II. B E it Enabled, by his Excellency the Palatine, and the refi of the true and 
 abfolute Lords Proprietors of the Province of Carolina, by and with the Advice 
 and Confent of the reft of the Members of the General Affembly, now met at Little 
 River, for the North-Eafl: Part of the faid Province, and it is hereby Enacted, by 
 the Authority of the fame. That all Perfons whatfoever within this Province, (be 
 they of what Qtiality or Condition foever,) that form.erly have been, now are, or ^rnedw'ithPu"- 
 hereafter fliall be Treafurcrs, Colle6lors, or Receivers of Public Monies, now '■<: Money, to 
 raifed, or hereafter to be raifed, by the Authority of the General Affembly, or Afr^mbi^ 
 who by any Ways or Means have, are, or fliall, for the future, be poffeflTed of 
 the fame, or any Part thereof, fliall, from Time to Time, and at all Times here- 
 after, be accountable to the General Affembly, or to fuch Commiflioners as fliall 
 or may be appointed by the Authority of the fame, and to no other Perfon or 
 Perfons whatfoever. 
 
 CHAP. LXL 
 
 An ASf, for a Town ofi Roanoke JJland, for the 'Encoiiragemeitt of 'Trade ^^p- ^y ^^j' 
 
 from Foreign Parts, -, chap, n'. 
 
 CHAP. Lxn. 
 
 Ati A61, for raifing Corn, to fatisfy the Debt due from this Government^ 
 to the Honourable Charles Craven, Efq; Governor of South-Carolina ; 
 and for the SiihfijlaJice of fuch Forces as jhall be raifed for the neceffary 
 Defence of the Frontiers of this Government, O B S. 
 
 CHAP. 
 
40 
 
 L A JV S of North-Carolina. 
 
 A D 1715. 
 
 CHAP. LXIII. 
 
 An AB^ for raifmg the Sum of Two Thoifand Pounds, A72nually, till the 
 Public Debts are anfwered and paid, for the better encouraging the 
 Currency of the Public Bills of Credit. O B S. 
 
 CHAP. LXIV. 
 
 An ASi, impowering Johanna Peterfon, Widow of Thomas Peterfon, 
 late of Albemarle County, Efq\ to make Sale of certain Lands, late be- 
 longing to the faid Thomas Peterfon 5 and to make other Provifon for 
 Anna, the Daughter of the faid Thomas Peterfon, to whom the faid 
 Lands do defcend. 
 
 Private, J. -v-^THEREAS 'Thowias Peferfcn, late of Albemarle County, Efq-, died 
 
 YY feifed and poiTeffcd in his Demefne, of Fee, of, in, and to a certain 
 Plantation or Traftot Land, lying in the Fork of ^een Anne's Creek, in Chowan 
 Precinft, containing, by Eftinution, Four Hundred Acres, be the fame more or 
 Itfs, butted and bounding to the Eajiward on the Town Land, and to the IVeJi- 
 ward on Sicccml's Creek ; and aifo, of, in, and to one Half Acre or Lot of Land 
 in Bath-Toivn, butting and bounding to the Southward on the Lot of Col. Xpher 
 Gale, and to the Northward on one of the Crofs Streets •, which faid Plantation 
 and Lot of Land, do defcend unto Anna, an Infant, the Daughter of the faid 
 'Tb etnas : And whereas Johanna, the Mother of the faid Afwa^ by her Petition 
 preferred to this Affembly, is. very willing, for the Advancement of the i'&id Anna's 
 Portion, to relinquifh h^r Right of Dower of, in, an,d to the faid Lands and Lot, 
 provided that the fame Lands and Lot may be fold, to and for the Ufe, Benefit, 
 and Intereft of the faid Anna, the faid Lands and Lot now having confidcrablc 
 Improvements thereon, which makes them valuable-, which otherwife will be very 
 much impaired and ruined before the faid ylmia fliall come ot Age : Wherefore, 
 
 II. B E it Enacted, hy his Excellency the Palatine, and the rcji of the true and 
 ahfolute Lords Proprietors of the Province of Carolina, by and with the Advice and 
 Confent of the refi of the Members of the General Affembly, now met at Little Ri- 
 ver, for the North-Eaft Part of the faid Province, and it is hereby Ena^ed, by 
 the Authority of the fame. That the faid Johanna be, and Ihe is hereby impowered, 
 to bargain, fell, alien, enfeoff, and transfer the faid Plantation or 1 rad: of Land 
 lying in the Fork of ^een Anne's, Creek, in Chowan Precinft, containing, by 
 Eftimation, Four Hundred Acres, be the fame more or lefs, butting and bound- 
 ing to the Eajiward on the Town Land, and to the IVeJlward on Slocomb's Creek ; 
 alfo one Half Acre or Lot of Land in Bath-Town, butting and bounding to the 
 Southward on the Lot of Col. Xpher Gale, and to the Northward on one of the 
 Crofs Streets ; or any Part or Parcel of the fame, to any Perfon or Perfons that 
 iliall be willing to give moft Money for the fame •, to have and to hold the fame 
 to fuch Purchafer or Purchafers, his or their Heirs and Affigns, for ever. 
 
 III. AND for the better fecuring the Money arifing by fuch Sale, to and for 
 the Ufe, Benefit, and Intereft of the faid Anna, her Heirs and Affigns ; It is here- 
 by further Enacted, That immediately at and upon the Sale of the aforefaid Plan- 
 tation or Trad of Land, and Lot, or any Part of the fame, the faid Anna fhall 
 ftand and be feifed in her Demefne, as of Fee, of, in, and to one certain Planta- 
 tion or Trad of Land, whereof the faid Johanna is and now ftands feifecl and 
 
 poflefied 
 
LA IV S of North-Carolina. 41 
 
 A. D. i; 
 
 poiTefled of, in Pequmons Frecintt, containing, by Eftimation, One Hundred ■ 
 and Seventy Acres, be the fame more. or lefs, fituate, lying, and being on C^Jik- 
 ton's, or Laker's Creek, butting and bounding on the Lands of Inliana Lakers 
 and Richard Skinner ; to have and to hold the fame Plantation or T.> aft" of Land, 
 to her the faid Amia, her Heirs and AlTigns, in Fee-Simple, vy}tlv\Condition, that 
 if the faid Johayina do pay the Monies arifing by I'uch Sale to tlie faid ylnna, at 
 and upon her Arrival to the Age of Eighteen Years, or Day of Marriage, or 
 otherwife appropriate the Monies arifing by the Sale of the aforefaid Plantation or 
 Traft of Land at the Fork of ^.een Anne's Creek, and Lot aforefaid,' by pur- 
 chafing young Female Slaves for the Lffe of the fai<^ Anna \ then the aforefaid 
 Efbate of the faid Anna, of, in, and- to the afore-mentioned Plantation or Tra6t of 
 Land in Psqtiimons Precindl, to be invalid and of no Force or Effedl. 
 
 CHAP. LXV. 
 
 All A5t, Confirming the T'itles of fundry Pe?fons who hanje, or hereafter 
 ma)\ pur chafe Lands of Col. Thomas Cary, in Bath County. 
 
 I. TTTHEREAS Co]. 'Thomas Cary taking up and purchafing divers Lands Pnwte, 
 
 V V ^^'^ Plantations in Baih County, the Deeds or Patents paffed for the 
 fame have been taken in the,/ Name of John Cary, an Infant, Son of the faid 
 1'homas, although the Purchafe-Money, or Confideration paid for the fame, was 
 actually and bona fide the Monies of the faid 'Thcmas, and by him, the faid Tho- 
 mas, paid: And whereas the {:i\d. Thomas Cary having bargained, fold, aliened, 
 and transferred unto divers Perfons, and their Heirs, feveral Trafts or Parcels of 
 Land, in Bath County aforefaid, 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 a- 
 forefaid John Cary's Name, and for eafirig and quieting the Minds of fuch Per- 
 fons as have purchafed the fame, or may hereafter purchafe from the faid Thomas 
 Cary, and purfuant to the Petition of the faid Thomas Cary ; 
 
 II. B E it Enabled, by his Excellency )he Palatine, and the reft of the true and 
 abfolute Lords Proprietors of the Pro'vince of Carolina, by and with the Advice 
 and Confent of the reft of the Members of the General AJfembly, now met at Little 
 River, for the North-Eafl Part of the faid Province, and it is hereby Enacted, by 
 the Authority of the fame. That all and fingular the Bargains, Sales, Alienations, 
 and Conveyances, already made and paffed, or hereafter to be made and pafTed, 
 by the faid Thomas Cary, unto any Perfon or Perfons whatfoever, their Heirs and 
 AfTigns, of, in, and to any of the Lands, Tenements, and Plantations, in Bath 
 County, which lately were, or now are, in the PofTefTion or Occupation of the 
 faid Thomas Cary, and for which Deeds or Conveyances have been made and paf- 
 fed, to and for the Ufe of the fiiid John Cary, an Infant, Son of the faid Thomas 
 Cary, or in the Name of the faid John, fliall fland, be, and for ever remain, 
 tfirm and available inXaw and„Equity, to fuch Purchafer or Purchafers, their 
 Heirs and AlTigns, having, or hereafter to have, from the faid Thomas Cary, any 
 Bargains, Sales, Alienations, or Conveyances for the fame ; any fuch Deeds of 
 Sale, Conveyance, or Alienation formerly made in the faid John Cary's Name, 
 or to or for his Ufe and Behoof, notwithflanding. 
 
 CHAP. 
 
 /■"\ 
 
42 Ly4^Sof North-Carolina. 
 
 A D. 1715. 
 
 CHAP. LXVI. 
 
 An AB, for the Confirmation of the Laws pajfed this SeJJion of Affemhly, 
 
 and for Repealing all former haws not herein particularly excepted, 
 
 OBSOLETE. 
 
 S I G N E D by 
 
 Charles Eden, Efq; Governor, 
 
 N. Che^iti, W. Reed, 
 
 Chr, Gale, Tobias Knight, 
 
 Francis Forfier^ 
 
 Lords Proprietors Deputies. 
 
 Edward Mofeley, Speaker, 
 
 Anno 
 
LAWS o/' North-Carolina. 4;; 
 
 A. iX 1720. 
 
 uS fl!o ^ o!o Jiti tSu t-fe «;a tAO tXo t^to t'Sj ^*^ 
 
 Mih^ M'& MW>^ M£l ,.4'^Cl MikJM& i#.Skik 
 
 Anno Regni 
 
 G E O R G I I 
 
 Regis, Macr^ie Britannia^ Franct^e^ & Hiberni^, 
 
 Sexto. 
 
 At a General Biennial ASSEMBLY, held at the Court- L"bnVe4 
 houfe in Chonjoan Precinct, the Second Day of Augujl, ''"^"""" 
 One Thoufand Seven Hundred and Twenty, and con- 
 tinued, by feveral Adjournments, to the Twentieth Day 
 of the fame Month. 
 
 CHAP. I. 
 
 An A6t^ for lejfening the Poll and Land TaXy and for preventing of Con- 
 cealments. REPEALED. 
 
 ' CHAP. II. 
 
 An additional A6ty to the AB, intituled^ An Ad:, for Eftabliihing the Rep. by Aft, 
 Church, and appointing Seledt Veftries. ■^^^' +. »745. 
 
 CHAP. III. 
 
 An ABy in Addition to the AB^ For making a Town at ^een Anne'^ Rep. by as, 
 
 Creek. ^«^«/? 11,1740, 
 
 Chap. I, 
 
 CHAP, 
 
44 X^/F5o/' North- Carolina. 
 
 A. D. ijio. 
 
 ' ' ' C H A P. IV. 
 
 Rep. by Aft, ^/z additiotial A5i to an ASf, intituled^ An A61, concerning Ordinary- 
 cCp. 19. " keepers and Tippling-houfes. 
 
 CHAP. V. 
 
 Rep. by Aft, An A£f, in Explanation of the AB, Concernins; Servants and Slaves. 
 
 Aprils, 1741. r J O 
 
 Chap. 44. 
 
 CHAP. VL 
 
 An AB, to confirm a Decree ?nade in the Court of Chancery of this Pro- 
 evince , upon a Bill of Complaint exhibited by William Duckenfield, Efq-^ 
 
 Private. ' I, "T"]|THEREASata Court of Chancery, held the Eleventh Day o'i May, 
 Y V ^^^ ThoLifand Seven Hundred and Thirteen, upon the Complaint of 
 William 'Duckenfield^ Efq-, a Decree was palled in thefe Words, -viz. 
 
 'North-Carolina^ IT. 
 At a Court of Chancery held at the Houfe of Capt. 'Thomas Lee, in Chowan Pre- 
 cin6t, on Monday May the nth, Anno Domini 171 3. 
 
 PRESENT, 
 
 The Honourable T H o M A s Pollock, Efq-, President, 
 
 f 'Thomas Boyd., ^ 
 
 nr, TT ui J William Reed, \ -^r Lords Proprietors 
 
 The Honourable <; ^^^^^ ^^^^^ v, Efqrs., ly^^^^,^,^ 
 
 \^ Tobias Knight, J 
 
 ' Upon reading the Bill of Complaint o^ William Duckenfield, of the Precin6l 
 ' of Chowan, Efq; this Day, therein fetting forth, That he the faid William 
 ' Duckenfield, about Sixteen Years laft paft, was, and yet is, lawfully feifed, in 
 
 * his Demefne, as of Fee, of and in one large Tra6l or Parcel of Land, in the 
 ' Precinft aforeiaid, containing, by Eftimation, Four Thoufand Acres, bounding 
 
 * on Albemarle Sound Eafizvard, and on Salmon Creek Wefiward, and being thereof 
 
 * fo feifed, one John Arderne, Efq-, coming into this Government, and being 
 ' fomething related to him the faid Duckenfield, by Intermarriage, and the faid 
 ' John Arderne being in low Circumftances, and not in Poffeflion of any vifibie 
 ' Eftate, he the faid Duckenfield, the better to give Credit and Reputation to him 
 ' the faid Arderne, and to put him in Pofleffion of a vifible Eftate, thereby to 
 ' advance himfelf, upon efpecial Truft and Confidence which he then repofed 
 ' fecretly in the faid Arderne, by his Deed, fufficient in the Law, bearing Date 
 ' the Thirty Firft Day of July, Anno Domini lyoz, did grant, bargain, and fell 
 ' unto the faid Arderne, the aforefaid Tracfl or Parcel of Land, containing Four 
 '. Thoufand Acres ; to have and to hold the fame unto him the faid Arderne, his 
 
 * Heirs and Affigns, for ever : Which faid Deed mentions, that the fame was for 
 ' and in Confideration of the Sum of Two Hundred Pounds, in Hand paid, 
 ' when, in Truth, the faid Two Hundred Pounds was not paid, nor any Part or 
 
 * Parcel thereof, nor intended to be paid, nor indeed could the faid Arderne pre- 
 
 * tend 
 
L ^ 7'^ .? c/ N O R T H - G A R O L I N A. 45 
 
 tend to pay the fame ; but the laid Deed was palled for no. other Reafon than 
 what is above alledged : And further, that the faid Deed was not only meant 
 and intended to be in IVuft, to the Ule of him the faid Duckevfield, Efq-, but, 
 at the-Time of the making thereof, it was fo declared and exprcifed, as well by 
 the faid Duckcnfidd, as by the faid Ardcrne, in Prefence and Hearing of divers 
 WitnefTes, and not to the Ufe of the faid Arderne, other than in Cafe the faid 
 Ardenie fhould outlive him, i^c. And further, that the faid John Arderne did, 
 as well at the ligning the faid Deed, as at divers Times fince,' declared to divers 
 Perfons, - that he did not pay the Two Hundred Pounds, and that the fame 
 Deed "was palTed to -him for no other Ufe, Intent, or Trufl whatfoever, than 
 that the lame lliouid abfolutcly return to him the faid Dude .fields in Cafe he 
 fhould out-Jive the faid yf .-i.rw ; and alfo, that the {'Adi Arderne^ willing to 
 make known to the World the many and uncom.mon Favours which he had 
 received from him the fiid Duckenjield, by his Lail Will and Teftament, in 
 Writing, bearing Date the 2 2d Day oiOSioher^ ^l^l-> doth' make ample ivlen- 
 tion of the fame, and that his Intention was,' to give all his Eflate, both Real 
 andPeribnal, that he was poffelfed of, or fliould have Right to, to him, v/hich 
 he confirm.s by divers Aileverations in the faid Will mentioned, as by the fame 
 will and may appear : Notwithftanding which, divers Perfons, injurioufly. de- 
 figning to bring in Queftion his the faid Duckenfield' s Tide to the aforefaid Four 
 Thoufand Acres of Land, altho' he was never out of PoffeiTion ihereof,.'do 
 give out, that the Fee-Simple of the faid Land is not in him, but in the Heirs 
 of the faid John Arderne^ and the Trull repofed by him the {&id'l'filiia)n Bucken- 
 Jield : And forafmuch as the faid Deed, in Writing, is abfolutely .without 
 any Ufe declared or expreffed therein, and without any Trufi: in the fime men- 
 tioned, and that the aforefiid Will ot the faid John Arderne doth not iTuke ex- 
 prefs Mention, that the fame Four Thoufand Acres commonly known by the- 
 Name of Salmon-Creek^ were given, devifed, and bequeathed unto him the faid 
 Duckenfield, and his Heirs, for lack and want ot Knowledge in the Law of the 
 faid John Arderne^ how to ufe apt and exprefs Words for the granting and con- 
 veying the fame back again to him, purfuant to the Truft repofed in the faid 
 John Arderne, altho' the Intent and Meaning of the faid Arderne fo to do may 
 be fufficiently proved and obferved ; and the faid John Arderne being now dead, 
 wlio could make appear that the Allegations in this Bill of Complaint are true 
 and certain, and divers Evidences or vVitnefies, as well to the faid Deed, who 
 could prove the aforefaid Ufe or Truft declared, and divers other Witneffes 
 which he could have produced to prove the fame, are fome dead, others re- 
 moved to Parts unknown, fonie aged and impotent, and living far off, and not 
 able to travel to this Court, and others being tranfcient Perfons, £fff. do there- 
 fore pray. That a Commiffion may be ifllied out of this Court, direded to fuch 
 Perfons as may be thought fitting, to examine fuch WitneiTes, in perpetuam ret 
 Memoriam, as fhall be produced by him the faid Ducke/tfield, for the Proof of 
 the aforefiid Ufe or Truft, ^c. and alfo, that by the Decree of this Court, he 
 may be relieved in the Premifes, and the Fee-Simple 0/ the aforefaid Land be 
 adjudged and decreed to him, &c. And upon reading the fevcral Depofitions 
 taken by Vertue of the aforefaid Commifiion out of this Court, as alfo the Will 
 ot the faid John Arderne, and upon due and mature Confideration thereon, this 
 Court are of Opinion, That the faid Deed mentioned in the faid Bill was made 
 only in Truft, and that no Confideration was ever paid and fatisiied, or intend- 
 ed to be paid or fatisfied, for the fame -, and it is the Opinion of this Court 
 likewife, thit the faid John Arderne'?. Intent and Defign, by his Laft Will and 
 Teftament, was to give and bequeath the fame Lands back again to him the faid 
 William Duckenfield, and his Heirs, for ever, although exprefs Mention thereof 
 be not made therein. 
 
 M * W H E R E- 
 
 -V— 
 
46 LAWS o/'North-Carolina. 
 
 yi r>. 
 
 * WHEREUPON this Court do Declare, Adjudge, Order, and Decree, 
 ' That the aforefaid Deed be null and void, and that the aforefaid Four Thoufand 
 
 * Acres of Land do revert, come, and remain unto the faid William Duckenfield, 
 
 * Efq-, and to his Heirs and Affigns, tor ever, without the leail Lett, Mokftation, 
 
 * or Hinderance of any Perfon or Perfons, claiming trom, by, or under the a- 
 
 * forefaid John Arderne^ or his Heirs, Executors, Adminiftrators, or Affigns, or 
 
 * any from or under them or either of them.' 
 
 Ordered, Decreed, and Entered, by us, and our Order, the 
 above faid 1 1 th Day of MiSy, Anno Domini 1713. 
 
 Which Decree, upon the Prayers of the faid William Duckenfieldj having been 
 carefully and duly confidered by this Allembly ; 
 
 11. B E it Enacted^ by his Excellency the Palr.tine, and the reft of the true and 
 abfolute Lords Proprietors of the Province cf Carolina, by and with the Advice and 
 Confent of the reft of the Members of the General Aftembly, notv met at the General 
 Court-houfe, at Queen- Anne' j Creek, in Chowan Precin£f, for the North -Eaft 
 Part of the faid Province, and it is hc'cby Enabled, by the Authority of the fame. 
 That the Decree, upon the Bill, of Complaint di William Duckenficldy Efq; reci- 
 ted, pafled, and inrolled in the Court of Chancery, the Eleventh Day of May, 
 One Thoufand Seven Hundred and Thirteen, and every Part and Parcel, Article 
 and Glaufe therein contained, fhall be and remain firm and available in Law and 
 Equity, to all Intents and Purpofcs whatever contained therein, without being 
 liable to any Bill of Reverfe, or other Procefs whatever, to reverfe and annul 
 the fame. 
 
 S I G N E D by 
 
 Charles Eden, Efqj Governor, 
 
 'Thomas Pollock, W. Reed, 
 Fraficis Forjler, John Lovick, 
 
 Lords Proprietors Deputies. 
 
 William Swann, Speaker. 
 
 
 Anno 
 
Z^yf/^^O/'NORTH-CAROLINA. 47 
 
 A. D. 1722. 
 
 Anno Regni 
 
 G E 
 
 Reoris, Macr.'j^ Britannue. Francis, & Hibsm'tie^ 
 
 06lavo. 
 
 At a General Biennial ASSEMBLY, held at Edentof!, in }^' -^ ^ '^.^ 
 Chowan Precin£i:, the Second Day of O^ober, One Thou- p^^^^''^"'- 
 land Seven Hundred and Twenty Two, and continued, 
 by feveral Adjournments, to the Nineteenth Day of the 
 fame Month. 
 
 C H A P. I. 
 
 ^2 Act^ for a Road from Core-F'oint, on Pamptico, to Newbern, on 
 
 Neufe Rwer. 
 
 I. TTTHEREASa Road from Core-Pointy to Netvbern Town, would be PrWatc. 
 
 V V of "^^^y great Ufe and Adva ntage to the Inhabitants of the upper Parts 
 of Neufe River in particular, and to 'the County of Bath in general, which, by 
 Reafon of the Inhabitants of thofe Part; > belonging already to other Diftrids, can- 
 not be altered but by Authority of Affembly : Wherefore it is humbly prayed that 
 it may be Enacted, 
 
 II. AND be it Ena£ied, by his ExcMency the Palatine, and the reft of the true 
 and abfolute Lcrds Proprietors of the Province of Carolina, by and with the Ad- 
 vice and Confent of the reft of the Manbers of this prefent General Affembly, now 
 met at Edenton, at Qyeen Anne'j Crtek, in Chowan Precin^, for the North-Eaft 
 Part of the faid Province, and it is hereby Enacted, by the Authority of the fame. 
 That all the Inhabitants living on the Sotith Side of Pamptico River, or that here- 
 after Ihall fettle on the South Side of tl*e faid River, from Derham's Creek up- 
 wards ; and all the Inhabitants fettled on the South Side of Neufe River, from 
 Slocomb's Creek upwards, inckiding Ti -ent River -, and all the Inhabitants in the 
 Fork of Neufe -, are hereby ordered to work upon the Main Road that is to be 
 laid out, by the Perfons hereafter app ointed for that Purpofe, from the North 
 
 Side 
 
48 LAWS O/' N O R T H - C A R O L I N A. 
 
 ^■^ Side of Neufe River, beginning diredly over againft the Town of Newbern, to 
 Core-Point., on the South Side of Pamplico River. 
 
 III, jiN D he it further Enacted^ by the Authority aforefaid^ That Capt. Rich- 
 ard Graves, Capt, William Hancock, Mr. John Trip, and Robert 'Titrner, Efq; 
 or any Three of them, are hereby ordered and impowercd to lay out the faid 
 Road from Newbern Town to Core-Point, witliin Three Months after the Ratifi- 
 cation of this Act, under the Penalty of Twenty Pounds ; one Half to the Party 
 fuing for the fame, and the other Half to the Veftry of the Two Precinfts, for the 
 Ufe of the ParilliCs : To be recovered, by Bill, Plaint, or Information, in any 
 Court of Record within this Governm.ent •, wherein no ElToign, Proteftion, In- 
 jundlion, or Wager of Law, {hall be allowed or admitted of. 
 
 ly, AND he it fyrther Ena£fsd, by the Avjhortty cforefaid. That Mr. John 
 Trip is hereby appointed Overfeer of the People that are liable to work on the 
 faid Road, belonging to the South Side of Pamptico River, within the Bounds 
 afore-mentioned in this A6t •, and that Capt. Richard Graves is appointed Over- 
 feer of the People that are liable to work on the aforefaid Road, within the Bounds 
 mentioned aforefaid : And that the aiorefaid Overfeers and People are liable to the 
 fame Fines and Forfeitures, as all other Overfeers and People, liable to work on 
 Public Roads, have heretofore been. 
 
 V. A NJ) be it further Enacted, by the Authority aforefaid. That all the In- 
 habitants refiding on the South Side of Pamptico River, from Derham^s Creek 
 downwards, including Bay River-, and all the Inhabitants on Beard's Creek, and 
 downwards, living on the North Side of Neufe River ; are hereby ordered to work 
 on and maintain the old Road that fprmcrly was laid out, from Wilkinfon' s-Pointy 
 on the North Side of Neufe River,' to the Fork of Derham's Creek, at the Plan- 
 tation that Mr. Thomas Sparrow, deceafed, formerly dwelt on : And that they are 
 under the fame Fines and Forfeitures as all People, liable to vvork on Public 
 Roads, have heretofore been. 
 
 CHAP. II. 
 
 An AEt, for jnaking the Sum of Twche TJjottfmid Poimds^ Public Bills 
 of' Credit, for exchanging fuch of the Public Bills of Credit as are ?iow 
 Ciirreitt, thereby to render" them the tnore ufeful to the (jovernment ; and 
 fbr regulating the Taxes. O B S. > 
 
 CHAP. III. 
 
 Ajt additional ASi to an AB, i-nti tided. An A.(£l, appointing ToU-Books* 
 
 I'resmMe, I, TTTHEREASan Act, intituled. An Act, for appointing Tcll-Bcoks to 
 
 y Y be kept in this Government, has been palled -, and the faid A<5t has been 
 rendered ufelefs by Reafon of the Places appointed by it for Toll-Books to be 
 kept being inconvenient, and the Fee* allowed to fuch Ferfons as are appointed 
 to keep them lb fmall, that no Perfon will take the Trouble of the faid Office on 
 himfelf : Wherefore it is prayed, that an Aft may be made for the Continuance 
 of the laid Aft, and that there be fixed Places appointed for the Toll-keepers in 
 the feveral Precinfts, and that the faid Toll-keepers Fees be raif^d : 
 
 \\,BE 
 
Toll-Offices 
 
 LA W S of No Rth-Carolina. 49 
 
 i- ^. D. i-jTz: 
 
 U. B E it therefcre EnaBed, by his Excellency the Palatine, and the reji of the 
 true and abfolute Lords Proprietors of Carolina, by and with the Jdvice and 
 Confent of this frefent General yIf[embU\ now met at Edenton, on Qu-en Anne'j 
 Creeky in Chowan Precinct ^ for the North-Eaft Part of the faid Province^ and it 
 is hereby Enabled by the Authority of the fame. That the Toll-Office for the Pre- 
 cin<5l of Chowan, be kept at the Head of Catherine''^ Cretk, near Mr. Thomas where^tobekept* 
 Speight's, at the Head of Pequimons, and at Maycock Creek, in Currituck Pre- 
 cinft; for Bertie Precinct, at Boon's Ferry, and fuch other Places as the Prccincl 
 Court fhall appoint ; And that every Toll-keeper fliall be allowed the Sum of 
 Four Pence for each Hog, and Six Pence a Head for all Cattle, carried or tranf- JfJ'-''"P"s 
 ported out of this Government, by all Perfons carrying or tranfporting the fame, 
 under the like Penalty as in the faid A6t is mentioned ; and the laid Toll-keepers 
 are to obferve all Articles and Claufcs in the faid Ad: mentioned, under the like 
 Pains, Fines, and Penalties therein exprefled. 
 
 CHAP. IV. . 
 
 jin A5f, for enlarging and Encouragement of the "town called Edenton, Rep. by Aa, 
 
 t'n Chow3.n Prt'dn^. Ac/ 21. 174°' 
 
 Chap. I. 
 
 CHAP. V. 
 
 An AB, appointing that Part of Albemarle County lying on the Wefl see 
 
 Side of Chowan River, to be a PrecinSi, by the Name of Bertie ^l''^ 4. ^ti 
 
 PrccinSl. y uic ^^^^ ^^ ^^^ 
 
 I. \fj' H E R E A S That Part of Albemarle County lying on the JVefi Side ^^''^^^'" 
 VV of Chowan River, being Part of Chowan Precind, is now inhabited al- ^"'""^' 
 nioft to the utmoft of the faid County Wefiward, and 'by Reafon of the remote 
 Situation thereof, the Inhabitants, which are growing very numerous, cannot 
 without too great Inconveniency, be continued any longer as Part of Chowan Pre- 
 cind : Wherefore, 
 
 II. B E it Enacted, by his Excellency the Palatine, and the reji of the true and 
 abfolute Lords Proprietors of the Province of Carolina, by and with the Advice 
 and Confent of the refl of the Members of the General Affew.bh, now met at Eden- 
 ton, at Qiieen Anne'j Creek, in Chowan PrecinB, for Z/?;^'' North-Eaft Part of 
 the faid Province, and it is hereby Enacted, by the yluthority of the fame That 
 that Part of Albemarle County lying on the Weji Side of Chowan River ' beine 
 Part of Chowan Precind, bounded to the Northward by the Line dividino- this 
 Government from Vnginia, and to the Southward hy Albemarle Sound and Mo- 
 r attack River, as far up as Welch's Creek, and then including both Sides of the 
 faid River, and the Branches thereof, as far as the Limits of this Government 
 be, and the fame is hereby declared to be ereded into a Precind, by the Name 
 of Bertie Precind, in Albemarle County •, with all and every the Rights and Pri- 
 vileges, and other Benefits and Advantages whatfoever, as any other of the Four 
 Precinds in Albemarle County can or may have, ufc, or enjoy. 
 
 N III, AND 
 
 EJgcombCounty ; 
 alfo yifri/ 4, 
 
 Chap. I, 
 Nonhamftm 
 
jo i^v^^iSo/" North-Carolina. 
 
 A. n. 1/52 \\\^ AN D he it further Enabled, by the Authority aforefaidy That the Eledlion 
 for Reprefentatives for the faid Precin6t, fhall always be at the Court-houfe for 
 the fiid Precinct, or at fuch Place as Ihall be appointed for building the faid 
 Court-houfe on. 
 
 CHAP. VI. 
 
 ^p), ?^^ ^%' -^^ -^^i concerning Fees and Officers. 
 
 Chap, 2. 
 
 CHAP. VII. 
 
 An ABy appointing that Part of the South-weft Parijh of Chowan that 
 lies on tbe South Shore, and Alligator, to be a difiinSl Pariflo^ by the 
 Name of the South PariJJ: of Chowan j and for appointing Veflrymen 
 for the faid Parifi. 
 
 Private. I. "T T T H E R E A S the Inhabitants of that Part of Chowan, and Alligator^ 
 
 Y Y have petitioned the General Alfembly, to be a feparate Parilli from the 
 Weft Shore of Chowan, and it being apparent that it is very much to the Preju- 
 dice of the faid Inhabitants to remain as Part of the aforefaid Parifh ; 
 
 II. B E it Exacted, by his Excellency the Palatine, and the reft of the true and 
 ahfolute Lords Proprietors of the Province of Carolina, by and with the Advice and 
 Confent of the reft of the Members of the General AJfembly, now met at Edenton, 
 at Queen-Anne'j Creek, in Chowan PrecinSl, for the North-Eaft Part of 
 the faid Province, and it is hereby Enabled, by the Authority of the fame. That 
 the South Shore of Chozvan, from Alligator River to the Eaft Side of IVelch's 
 Creek, including all the Land on the Sound, and Morattuck, lying within the 
 Bounds aforefaid, fhall be, and is hereby appointed a feparate Parilh, by the Name 
 of the Sctith Parifh of Chotvan ; and that the faid Parifh do enjoy all fuch Liber- 
 ties and Immunities as all other Parifhes in this Government can or may have. 
 
 III. AND be it further Fjiacted, by the Authority aforefaid. That the follow- 
 ing Perfons are hereby appointed Veftrymen for the faid Parifh, viz. 
 
 John IVorley, Efq-, Mr Jofeph 'Turner, Mr. John Edwards^ 
 
 Cullen Pollock, Efq; Mr. Samuel Spruill, Mr. Jacob Blount, 
 
 Capt. William Downing, Mr. James Long, Mr. Thomas Long, 
 
 Mr. William Ludford, Mr. Jofeph Spruilh Mr. John Warley. 
 Which faid Veftrymen fhall be, and they are hereby inverted with all fuch Pri- 
 vileges and Authorities, and fubjecft to the fame Penalties and Forfeitures 
 within the faid Parilh, as in and by an Ad, intituled. An AEl, for Eftablifhing 
 the Church, and appointing Select Veftries, is and are given to the Churchwardens 
 and Veftry of the feveral and refpedive Parifhes in the faid Adl mentioned. 
 
 IV. P ROVIDED never thelef. That all thofe Inhabitants of the faid Pa- 
 rifh now appointed by this Ad, which formerly belonged to the South-weft Pa- 
 rifh of Chowan, fhall pay their ratable Part of Taxes, to the Churchwardens of 
 the faid South-weft Parifn, to pay and fatisfy the Debts now due from the faid Pa- 
 rifh, and to make good their Agreement with the Reverend Mr. Newname ; and 
 that on Default of any of the faid Inhabitants to pay fuch Levy as fhall be laid 
 by the Churchwardens and Veftry of the South-weft Parilh of Chowan aforefaid, 
 
 for 
 
L A ^V 6' of N O R T H - C A R O L I N A. 
 
 5* 
 
 for the Ufis before-mentioned, that they be, and they are hereby made fubjcd ^ ^• 
 to the fame Penalties and Forteitiires as they fhould have been, before the Divifion 
 was made •, any Thing before contained in this Ad to the contrary, in any-wife, 
 notwithftanding. 
 
 CHAP. VIII. 
 
 An ASi, for fettling the PrecmSf Courts^ and Coiirf-houfes. 
 
 I. T "¥ T H E R E A S thro' the great Taxes and Charges this Government Preamble 
 
 Y Y I'^'^^l^ laboured under, by Means of the late Indian War, there has been 
 no Care taken by preceeding Affemblies, to fettle the feveral Precindl Courts to 
 any fixed or certain Place, but have always hitherto been kept and held at private 
 Houfes, where they have been, and are liable to be removed, at the Pleafure of 
 the Perfon or Perfons owning fuch Houfes -, to the great Annoyance of the Ma- 
 giftrates and People : For the Prevention of which for the future ; 
 
 II. B E it Ena^ed, by his Excellency the Palatine, and the reft of the true and 
 abfolute Lords Proprietors of the Province of Carolina, hy and with the Advice 
 and Confent of the reft of the Members of this prefent General JJfembly, now met 
 at Edenton, at Queen Anne' J Creek, in Chowan PrecinM, for the North-Eaft Part 
 of the faid Province, and it is hereby Enabled, by the Authority of the fame. That 
 
 from and after the Ratification of this A61, the Juftices of the Peace that are cLr^Lnd Va' 
 
 now appointed for and in every refpeftive Precin6t in this Government, or (hall ''"'''* '^^"'•'- 
 
 hereafter be appointed within the Time limited in this A6t for building the Pre- 
 
 cindl Ccurt-houfss, or the greateft Part of them, are hereby required and impow- 
 
 ered to purchafe the Quantity of one Acre of Land, in fuch Place and Places of 
 
 their feveral Precinds, as in and by this A61 is hereby nominated and appointed, 
 
 for the erecting the faid Court-houfes on. 
 
 III. AND for the better enabling the faid Juftices, or the greateft Part of 
 them, to purchafe fuch Lands, and build the faid Court-houfes ; Be it Enacted, 
 
 hy the Authority aforefaid. That the faid Juftices, or the greateft Part of them, juflices to lav a 
 fhall have full Power and Authority to raife Money, by a Poll Tax on the fe- Tax for building 
 veral Inhabitants of their refpedive Precindls, for the purchafing fuch Lands and houfes! 
 building the faid Court-houfes thereon, not exceeding the Sum of Five Shillings 
 per Poll, per Annum \ which faid Tax or Levy fliall be paid to them the faid Juf- 
 tices, or whom they, or the greateft Part of them, fhall appoint to receive the 
 fame, by each and every Perfon refpe6lively, in the fame Manner and Form as 
 they do their Public Levy, and under the fame Fines and Forfeitures. 
 
 IV. AND be it further Enacted, by the Authority aforefaid. That if any Per- Perfons refufmg 
 ion or Perfons ftiall refufe to fell to the Hiid Juftices, or the greatefl Part of them, Ihe'^rl'idS'uft *" 
 fuch Lands as by this A61 is appointed to be purchafed for the Ufe of a Court- f-.r a'^'reafonabie 
 houfe, for what the faid Juftices fhall think to be the full Value thereof, that- then, fo'iffuc^his^war 
 and in fuch Cafe, it fhall and may be lawful for the Chief Juftice to ifTue his fm to 3 Free- 
 Summons, under his Hand, direfted to Three Freeholders of the Precind where \^^um<t -Vw^h 
 fuch Refufiil fhall be made ; which Freeholders are hereby required, on Oath, to v.iiuation fuch 
 appraife the faid Land : And in Cafe the Owner of the faid Land fhall, after a obi' g"d t\i^. 
 Tender made him of the Money which the faid Land was appraifed to, refufe to ='"'! '^'= ^^""^ "» 
 give a lawful Conveyance tor the fame, fuch Lands fhall, neverthelefs, be invcfted pubiick.^ "^ ' * 
 in the Publick, for the LUes aforefaid ; provided that no Perfon's Orchard, Gar- 
 den, or inclofed Ground, be injured thereby. 
 
 V. AND 
 
5S L A^ W. S of N O.R T H - Ca R O L I N A. 
 
 point other I'er- 
 fons to do it. 
 
 yi. p 1722. . 
 
 jim^.,rcgre£l- y. AND be it further Enacted^ by the Authority aforefaid^ That if the Juftices, 
 Coun'.houfX orthe^rO'ijorPart of them, in thdr feverai Precincts, Ihall ncgled or refufe to 
 Governor to 'ap- purchafc thc Land by this Acl clirefted for building the feverai Court-houfes on, 
 """'"''"' "'-' OJ^ to agree with Workmen to build and finilh the fame, (which fliall not be lefs 
 than Twenty Four Feet long and Sixteen Feet wide,) within Six Months after the 
 Ratification of this Ad ; that then, and in fuch Cafe, the Governor or Com- 
 mander in Chief for the Time being, fliall, and he is hereby impowered and di- 
 refted, to nominate and appoint fuch Perfon or Perfons in each and every Pre- 
 cinct fo negleding or refufing -, which Perfons fo appointed, Ihall have the fame 
 Power and Authority to the lay the faid Tax, purchafe fuch Land, and build the 
 faid Court-houfes, as the faid Juilices might or ought to have had by this Adt. 
 
 Places appointed VI. AND be it further Enacted, by the Authority aforefaid. That the Lands 
 cLSSuLon I^ereafter mentioned be, by the feverai Juftices, or the major Part of them, in 
 ■ each refpedive Precind, purchaled, to and for the building and ereding the fe- 
 verai Court-houfes on : That is to fay j 
 
 F O R the Precind of Chowan, at Edenton. 
 
 F O R the Precind of Pequimons^ at Jonathan Felp\ Point, at the Mouth of 
 the Narrows. 
 
 F O R the Precind of Currituck^ on the Land of Mr. William Peyner, next to 
 the Land of Mr. William Parker-, or at Mr. Parker'^, as the Jufbices fhall appoint. 
 
 FOR the Precinds of Beaufort and Hyde, at Bath-Town, 
 
 FOR the Precind of Craven, at Newbern. 
 
 FOR the Precind of Carteret, at Beaufort Town. 
 
 F O R the Precind of Bertie, now by this Aflembly laid out, at fome conve- 
 nient Place at Ahotjley, where the Juftices fliall appoint. 
 
 FOR the Precind of Pafquotank, at fuch Place as the Juftices fliall appoint. 
 
 AND whereas many Inconveniencies hath happened in this Government, by 
 
 Reafon of the falling of the Courts, which too frequently have been occafioned 
 
 by Failure of a fufficient Number of Juftices to meet : For Prevention of which 
 
 All Bufincf! de. ^°^ '"^^ future ; Be it Ena^ed, by the Authority aforefaid. That all Adions or Bu- 
 
 pending in any fincfs whatfoevcr now depending, or hereafter to be depending, in the General 
 
 for want of juf^ Court, or any Precind: Court in this Government, fliall not be difcontinued by 
 
 tices, to be con- Rcafon or Failure of a fufficient Number of Juftices meeting at the Days ap- 
 
 nw cmrt!''^ pointed ; but that all fuch Adions or Bufinefs fhall ftand continued till the next 
 
 Court : Any Law, Cuftom, or Ufage to the contrary, notwithftanding. 
 
 S I G N E D by 
 
 William Reed, Efqj Prefident. 
 
 Chr. Gale, Richard Sanderfon^ 
 
 yohn Lovick, Tho?nas Lovick. 
 
 Lords Proprietors Deputies. 
 
 Edward Moseley, Speaker, 
 
 Anno 
 
LA W S of North-Carolin 
 
 A. 
 
 53 
 
 
 ^. D. 7-.3. 
 
 — — v'-— 
 
 WmmM 
 
 * 
 
 =?? r 
 
 
 Anno Regni 
 
 GEORGII I, 
 
 Regis, Miign^e Brltanmie, Franctcey & Hihern'iiVy 
 
 Nono. 
 
 At a General Biennial ASSEMBLY, held at EderHon, in ^^^y^:^. 
 Choiuan Pretin(9:, the Twenty Third Day of ISovcj^iber^ 
 One Thoufand Seven Hundred and Twenty Three. 
 
 Prefident. 
 
 C H A P. I. 
 
 An ABy to provide indifferent Jurymen in all Caufes^ Civil and Criminal, ^"f;-/ g^" ,^f^^ 
 
 Chap. 8. 
 
 CHAP. II. 
 
 An ASfy intituled. An additional Ad: to the Ad, relating to Biennial 
 and other AfTemblies, and regulating Eledionsj and divers other 
 Things relating to Towns. REP. 
 
 CHAP. III. 
 
 An AB, for appropriating Part of the Impojl Duty on Veffeh, or Powder 
 Money^ to Beacon out the Channels from Roanoke and Ocacock Inlets, 
 and feveral other Things^ to facilitate the Trade and Navigation of 
 this Government. EXP. 
 
 O 
 
 CHAP. 
 
£^ LAWS o/' North-Carolina. 
 
 ji D. 1723. 
 
 Pcrfons Lands to 
 
 CHAP. IV. 
 
 An Acl^ for fettling the Titles and Bounds of Lands. 
 
 I. T) E it Enabled, by his Excellency the Palatine, and the reft of the true and ah"- 
 iJ folute Lords Proprietors of Carolina, by and with the Advice and Confent 
 of th'iS prefent General Jffembly, now met at Edenton, for the North Kaft Part 
 of the faid Province^ and tt is hereby Enacted^ by the Authority of the fame^ That 
 
 bt j^roc-ffioned, the Lands belonging to every Perfon in this Government fhall be proceflioned, 
 neted^onee in'3 ^"^ ^^ Marks renewed once in every Tnree Years j and that the Juftices of each 
 Years. and every Precind Couit within this Government, between the Firft Day of June 
 
 and the Firft Day oiAuguft, One Thoufand Seven Hundred and Twenty Four, 
 ParWTi to be di. and fo between the Firft Day of July and the Firft Day of Auguft, in every Three 
 tnftt. '"'° ^'^' ^^^^^^ hereafter, by an Order of the faid Lourt, fhall direft and order the Veftry 
 of each Parifh, in their i-'recind, to divide their faid ranfhes into as many Dif- 
 trids as to them fhall feem moft eufy and conv. nient, for proceffioning every 
 p.irticuhr Perfon's Land within their . arifh ; and th^t the faid Vtftry Ihall ap- 
 Vcftry to appoint point the particular 1 imcs lometime between the t irft Day of October and the 
 ceffiL'"n"°'^^'"' laft Day oi April, following the Date of the faid Court's Order, and fhall nomi- 
 nate and appoint Two able and intelligent Freeholders within every Canton or 
 Proceffioners to Diftrid, to fee fuch I'TocefTioning performed : And the faid Freeholders fo ap- 
 JhefrVr^ctTn^^ pointed are hereby obliged to make a due Return and give an Account of their 
 to the nextcourt. Froceedings to the Precind Court next iollowing fuch Proceffioning of every par- 
 ticular Perfon's Land by them proceffioned, and who were prefent at the 1 ime, 
 and alfo to give a particular Account of what Lands, within their Cantons or Dif- 
 trids, they fhall have failed to proceffion, together with their Reafons for fuch 
 failure. 
 
 oierk to deiivsr IL AND be it fwther Enacted, by the Authority afore faid. That the Clerk 
 
 dens'^.*'c''py"'''f of ^'^^'"y refpedive Precind Court, is hereby enjoined and direded to deliver to 
 
 the Curt! Order the Churchwurdens of every Parifh within his Precind, a Copy of the faid Court's 
 
 io Da°'^aftt''" Order, within Mfteen Days afttr the paffing the fame \ and that the faid Church- 
 
 which, vdtry to wardens fhall be obliged, within Ten Days after the Receipt of fuch Order, to 
 
 r^rtiTnto*^ Di-*" appoint a Veftry to meet ; and the faid Churchwardens and Veft"rymen are to lay 
 
 ftr.fts, and to Qut their faid Parifti in as many Cantons or Diftrids as to them fhall feem con- 
 
 fio'ner's. "^^ ' vcnient, and to nominate and appoint Two intelligent Freeholders as aforefaid : 
 
 Which Freeholders fo appointed, are required to go with the Freeholders and 
 
 Inhabitants, within their Diftrids or Cantons, round the Bounds of every Perfon*s 
 
 Land within the fame, and renew the Marks of the faid Lands. 
 
 c'-fk to^regifter \\\^ A N D bc it further Enactcd, by the Authority aforefaid. That the JufticeS 
 of each Precind are hereby required to caufe the Returns fo made by the faid 
 Proceffioners, to be fairly entered into well-bound Books, kept for that Purpofe, 
 by the Clerk of the Precind Court •, and to prevent Miftakes in the recording the 
 faid Return, the Clerk of the faid Court fhall be obliged, at the next fucceeding 
 Court, to produce and compare the Return with the Record, and afterwards, to 
 
 Clerk's Fse lid, file the faid Return in his Office: And as an Encouragement for the faid Clerk's 
 faithful Difcharge of the feveral Duties above-mentioned, it fhall and may be law- 
 ful for him to afk and demand the Sum of Twelve Pence of every Perfon tor all 
 his or her Lands that are returned proceffioned, and recorded within that Precind. 
 
 Perfoni mfn. IV. A N I) be it further Enacted, by the Authority aforefaid. That where the 
 
 ACc, what to Juftices of any the Precind Courts, Veftry and Churchwardens, T'reeholders or 
 lean' h"- D^' ^^^^^' ^^^' f^'^ o'" riegled doing their Duty hei-ein, or hereby enjoined, each and 
 ty. '"^ "' "' every Juftice fo failing, fhall forfeit and pay the Sum of Five Pounds •, the 
 
 Church' 
 
Ly^ ^r 5 o/' North- Carolina, SS 
 
 Chuixtiwardens and Velhy tailing to do tiitir Cury as aforefaid, fhuU lorkit ana ^^ I'i^ 
 pay the Sum of Five Pounds ; and the Frcchoidcrs wiio fhalJ be nominated 
 by the Veftry in their fevcrai Liltrifts or Cantons, refufing to do their Duty, fhail 
 forfeit and pay the Sum of Five Pounds -, and the Cierk of each rcfpcdive Pre- 
 cinct Court neglecting or refufing to do his Duty as by this Law required, fhall 
 forfeit and pay the hum ot Ten Pounds : All which afore-mentioned i-orfeitures 
 and Fines Ihall be, one Plalf to the Informer, the other Half to the Church- 
 wardens and \'"eftry, for and towards the Ufe and Benefit of that Parifh in which 
 fuch Default happened : To be recovered, by Action of Debt, Bill, Plaint, or HowrecoveraUs, 
 Information, in any Court of Record within this Government ; wherein no Lf- 
 foign, Injunction, or vVagtr of Law, Iliali be allowed or admitted of. 
 
 V. A N D forafmuch as no Provifion has been made in this Act, to compell 
 fuch Perfons who, out of an obftinate Temper, fliall refufe to have their Lands 
 proceflioned, to the Damage of the Owners of adjacent Lands •, Be it Enacted^ 
 
 That then, and in fuch Cafe, all and every Perfon or Perfons fo refufing to have [^^ '^^"'^ thd^"' 
 their Lands proceflioned, purfuant to the Directions in this Act given them, the unds pr. ceffion- 
 Two Freeholders Proceflloners as atorcfaid, fhall caufe fuch Reiufal to be certi- ^f"' Co""t"of- 
 
 r ■ n_ /"■ 11/^ dcr the Surveyor, 
 
 fied, in Writing, to the next fucceeding Precinct Court ; which Court is hereby Gfc to lay it out, 
 impowrred and required to command the Surveyor-General, or his Deputy, at- thcK-^on'refu- 
 tended with Four reputable Freeholders, who il:iall be nominated and appointed fing. 
 by the faid Court for that Purpofe, and fworn, to lay out the Bounds of the faid 
 Lands, to the bed of their Judgment and Underfc.mding -, and according as it 
 fhall appear to them by Deeds, Writings, or other Evidences, they fhall proceed 
 to fettle the Bounds of the laid Lands, at the proper Cofts and Charges of the 
 Perfon refufing to have the faid Bounds laid out ; and the faid Surveyor-General, To be entered on 
 or his Deputy, fhall return the Survey thereof, with the Proceedings thereon, to Court, 
 the next Precin6l Court, there to be recorded, by the Clerk of the faid Court, 
 in a Book for that Purpofe -, which Bounds and Survey made in Manner afore- 
 faid, fhall be taken and deemed a fufficient ProcefTioning, as if the fame had 
 been done by the Confent of the Party : And if any of the faid Juflices, or the Perfons failing 
 Surveyor, Clerk, or Freeholders, not having a lawful Excufe, fhall fail in his or [o"'th°"b.fo?'' 
 their Duty, as by this Acl is enjoined and direded, he or they fo failing fiiall mentioned Pe- 
 forfeit and pay the fame Penalties as before in this A6t is laid on the faid Juflices, "*'""• 
 Churchwardens, Veflry, and ProcefTi oners, failing in their Duty 5 to be recover- 
 ed in like Manner, and to the fame Ufes. 
 
 VI. A N D be it further Enacted, by the Authority aforefaid. That all and every Lands"wtl 
 Perfon whofe Lands fliall be proceflioned to him, according to the Dii\(5lions of twice procjiion- 
 this Adl, at Two feveral Times, fuch Perfon fhall be deemed and adjudged to be q'^ ^^^^"^ '■''^* 
 the fole Owner of the faid Lands •, and that upon any Suit commenced lor any 
 
 fuch Lands, the Party in PofTefllon may plead the General Iffue, and give this 
 Adl in Evidence. 
 
 VII. P ROV ID ED always. That the proceflloning of the Lands of a Te- Not to bar Per. 
 nant for Life, fhall not bar or preclude the Heir in Reverfion or Remainder ; ^^Tmrc^ynu' 
 neither fhall any Proceflioning bar or preclude Perfons under Age, Feme Coverts, &c, 
 
 Non compos mentis, Imprifoned, or out of the Government : But that all fuch 
 Perfon or Perfons fliall have free Liberty to fue for and difpute the Title and 
 Bounds of any Lands within this Province •, provided the faid Perfon or i'erfons 
 commence Suit and profecute the fame, within the Time already limited by the 
 Laws of this Government, after the Removal of fuch Difability. 
 
 VIII. AND whereas lapfe Patents are accuftomed to be granted to the firfl: 
 Petitioners for all fuch Lands which are not feated and planted according to the 
 Condition or Provifion mentioned in the refpedive Patents, which has' often proved 
 
 to 
 
A. D. 172 
 
 r6 LAWS o/' North-Carolina. 
 
 to be the Ruin of Orphan Chiitlren, (whofe Parents have died leaving Lanus un- 
 fcated,) by Negled: of Guardians and 1 ruftces in not fettling and fecuring the 
 fame in due Time ; For Prevention whereof ibr the future; 
 
 Perfons etitin- ^^' ^ ^ ^^ Enu^edy by the Authority cifcrefaid. That whofoever, for the fu- 
 ing'to"iapfeLa.H-.s turc, fhall pctltion for the Lapfing of any Land belonging to any Orphan or Or- 
 phS'^fo'gi^e' phans, fuch Perfon fo petitioning, fliall, and he is hereby required and com- 
 the Guarriiaii 30 manded, to give, at leafb, Thirty Days Notice of fuch Petition's being lodged, 
 f^'fif^hfrefufcs to the Guardian or Truftee of fuch Orphan, before the next Council after the Pe- 
 to take it up for titjon is lodged ; and in Cafe the laid Guardian or Trufbee, alter fuch Notice 
 nl'.n ^'^!"m'oved given, fliall refufe and negledt to appear at the laid Council, and there take out a 
 from hi! Guard;- patent for the faid Land, in the Name of, and to the Lie of fuch Orphan or Or- 
 Govtfruor, 'and phans, (wlio fhall, de-futu-fo^ have the Preference in lapfing fuch Lands as are 
 liable fur all Da- jieretjitary to him or her,) fuch Guardian or Truftee ihall be removed by the Go- 
 Orphan." " vcmor and Council, or Precinft Court, from his Guardianfliip, and fhall be fub- 
 
 je6t to the Suit of the Orphan, and to anfwer all Damages which the Orphan 
 
 Ihall fuftain by Reafon of his Negled. 
 
 C H A P. V. 
 
 An ASfy for an additional Tax on all free Negroes, Mulattoes, Mujlees^ 
 and fuch Perfons, Male and Female, as now are, or hereafter f:all be^ 
 mtermarried with any fuch Perfons, refident in this Government. 
 
 I. "TTTHEREAS Complaints have been made by divers Freeholders and 
 \/y other Inhabitants of this Government, of great Numbers of free Ne- 
 groes, Mulattoes, and other Perfons of mixt Blood, that have lately removed 
 themfelves into this Government, and that feveral of them have intermarried with 
 the white Inhabitants of ' this Province j in Contempt of the Ads and Laws in 
 thofe Cafts made and provided : . 
 
 II. B E it therefore Enabled, by his Excellency the Palatine, and the refi of the 
 true and abfolute Lords Proprietors of Carolina, by and with the Jdvice and 
 Confent of the reft of the Members of this prefent General Affembly, now met at 
 Edenton, for the North-Eaft Part of the fatd Province, and it is hereby Ena^fedy 
 Free Negroes, by the Authority of the fame. That all free Negroes, Mulattoes, and other Per- 
 S'dT t'haSes ^°"^ °^ '^'^^^ ¥:\nd, being mixed Blood, including the Third Generation, who are, 
 a^'he Agecf i" or hereafter fhall be, Inhabitants or Refidents in this Government, both Male and 
 Years. Female, who are of the Age of Twelve Years and upwards, fhall, from the Ra- 
 
 tification of this A61, be deemed and taken for Tithables, and as fuch each and 
 every of them flrall. Yearly, pay the fame Levies and Taxes as the other Titha- 
 ble inhabitants do, and fliall, and are hereby made liable to pay the fame Yearly 
 to fuch Perfon or Perfons, in fuch Manner, and at fuch Times and Places, and 
 to be fubje(fl to fuch Fines and Penalties, as in and by an Ad, intituled. An A^, 
 for making the Sum of twelve Thoufand Pounds, Public Bills of Credit, for ex- 
 changing fuch of the Public Bills of Credit as are novo current, thereby to render them 
 the more ufeful to the Government -, and for regulating the Taxes; which the other 
 Inhabitants of this Province, being Tithables, are obliged and fubjed to. 
 
 White Perfons \\\^ AND be it further Enactcd, by the Authority aforefaid. That from and af- 
 
 w'th Nlgroes, ter the Ratification of this Ad, any white Perfon or Perfons whatfoever, Male or 
 
 Female, Inhabitant of this Government, or that may or fhall remove themfelves 
 
 hither from other J'arts,^ .that now is, or hereafter fhall be, married with any 
 
 03 
 
 I'reamlile 
 
1,^/^aSo/' North-Carolina. ^y 
 
 A. D 1723. 
 
 — V"— '^ 
 
 liable to iho 
 
 Neo-ro, Mulatto, Muftee, or other Perfon being of mixed Blood, as aforefaid, fliall 
 
 be, and are hereby made Hable to the fame Levies and Taxes, as the Negroes-, ^^ j.^,^,^ 
 
 Mulattoes, and other mixed Blood, as herein above is expreflcd -, and it is the fameTa^ct 
 
 true Intent and Meaning of this Aft, that all and every of the aforefaid Tithables 
 
 removing themfelves into this Government, ihail pay the Levy and Taxes af- 
 
 fclTed for the Year they come hither, provided they come before the Tenth Day 
 
 of Jufie in that Year. 
 
 IV. AND forafmuch as divers of the Inhabitants of this Government, for 
 Caufes them thereunto moving, have fet free Slaves of fundry Kinds, who are 
 all, by Law, obliged to depart the Government; in Six Months after their being 
 fo freed, othcrwife they are liable to be fold to fuch Perfon or Perfons as fhall give 
 Security for tranfporting them out of this Government -, notwithftanding the faid 
 Law, and contrary to the true Intent and Meaning thereof, many of fuch freed 
 Negroes, and Slaves of other Kinds, after having departed this Government for 
 a little Time, have returned again, deeming themfelves Inhabitants of this Go- 
 vernment by fuch Departure and Return : For the i'revention whereof for the 
 future ; 
 
 •V. BE it therefore Enacted^ hy the Authority aforefaid. That all Slaves, of slaves fet free, t» 
 what Kind foever, which fhall hereafter be fet free, fhall be obliged to depart this Mon'ths '"anJnot 
 Government within Six Months after being fo freed, according to the Direftions return, 'on Pe- 
 of the aforefaid Aft, and fhall not return nito this Government^ under the Pe- Aof^\'^X 
 nalties and Pains hereatter expreffed : And if any Slave or Skves beino- fo freed 
 and fet at Liberty, huving departed as before direfted, Ihall prefume to return 
 back into this Province, it fhall and may be lawful for any Perfon or Perfons 
 whatfoever to apprehend and take up fuch Slave or Slaves fo offending, and car- 
 ry him or them before fome Magiftrate, who is hereby authorifed and impowered, 
 upon due Proof made, to commit fuch Perfon or Perfons fo offending, to the 
 Provoft Marfhall of the County where fuch Offender or Offenders fhall be ap- 
 prehended, till the next General Court, to be held for this Government, and fhall 
 then fell him or them for Seven Years, at Public Vendue, to the hio-heft Bidder ; 
 and the Money arifing by the faid Sale, after Charges paid, fhall be applied, the 
 one Half to the Apprehender, and the other Half towards defraying the contin- 
 gent Charges of the Government -, and at the End and. Expiration of the faid 
 Seven Years, the faid Slave or Slaves fo fet free, fhall, and are hereby compelled 
 to depart this Government, within Six Months after being fo freed: And if any slaves fet free re- 
 fuch Perfon or Perfons fo departing fhall prefume to return a Second Time, they T^me ^ naMe° w 
 are hereby made liable to be apprehended, taken up, and fold, as aforefaid. be m again. 
 
 VI. AND bs it further Ena£fed, hy the Authority aforefaid. That after fuch P"*"""^ harbour. 
 Sale is made as aforefaid, if any Perfon or Perfons, Inhabitants of this Govern- 't?folfIi"i^°u' 
 ment, fhall prefume to harbour, conceal, or detain any fuch Ncgroe or Slave fet 
 free, upon Pretence of Debt, or othcrwife, fuch Perfon or Perfons fo offending 
 Ihall forfeit and pay One Hundred Pounds Current Money ; one Half to the Ufe 
 of the Publick, and the other Half to him or them that fhall fue for the fame : ' 
 To be recovered, by Bill, Plaint, or Information, in any Court of Record within 
 this Government-, wherein no Injunftion, or Wager of Law, fhall be allowed or 
 admitted of. 
 
 CHAP. 
 
^8 L A IF S of North-Carolina. 
 
 CHAP. VI. 
 
 R^'p-^ Jy ^'^^^ An ABy for the better afcertaining Na'val Officers and Colledlon Fees, 
 
 Chap. 2. 
 
 CHAP. VII. 
 
 An additional AB to an AB, intituled ^ An A<fl, for Qualification of 
 
 Public Officers. O B S. 
 
 CHAP. VIII, 
 An A5ly for dejlroying of Squirrels. , R E P. 
 
 CHAP. IX. 
 
 Rep. by Aft, -^f^ -^^i fo^ regulating Proceedings on original Attachments, 
 
 t)iC. 5, I74S. 
 
 Chjp. 4. 
 
 CHAP. X. 
 
 Sre A<!i pr'ffa Ah additional ASf^ to an AB, intitided^ An Ad, concerning proving 
 ap. 39. Wills, and granting Letters of Adminiftration ; and to prevent Frauds 
 in the Management of Inteftates Eilates. 
 
 Pieamkie. I. T "¥ 7" H E R E A S it has been cuftomary for Executors or Adminiftrators 
 
 Y Y to bring the Filatcs of deceafcd Perfons to Appraifments, which Ap- 
 praifm nts hav.- g^n. rally been much fhort of the true Value of the fame-, to the 
 gre^t Detriment of the Creditors and Kindred of the Perfon deceafcd : For Pre- 
 vention of the like lor the future ; 
 
 II. BE it Enacted^ by his Excellency the Palatine, and the reji of the true and 
 aljclute Lord's Proprietors of the Province of Carolina, by and with the yldvice and 
 Confent of the reJi of the Members of the General ylfj'embly^ new met at Edenton, 
 fcr the North-Kaft Part of the faid Province^ and it is hereby Ena5led^ by the 
 Doeafcd p.-rfons Authoftty of the fc.me^ That from and after the Ratification of this Ad, all and 
 Ear.tcs how to be evf'ry Executor or Executrix, Adminiilrator or Adminiftratrix, fhall, fometime 
 before or at the next ircciad Court aft r his, her, or their entering on the Ad- 
 rnini'llration of any deceaf-d Perfon's Eftate, draw, or caufe to be drawn, a juft, 
 true, and perfed Inventory of all the Goods and Chattels of the Deceafed, (fuch 
 only excepted as by the afore-mentioned former Law are referved to remain to 
 the Ufc of Orphans not of Age till they arrive to full Age, or fuch as arc by 
 fpecial Legacies particularly bequeathed ; ) which Inventories fnall be exhibited 
 at the refpedive Courts of the i'recind in wliich the faid Goods are, and attefled, 
 on Oath, by the Perfons exhibiting the f.me •, and a Copy of which Inventory fo 
 exhibited and attefted, the Executor or Adminiilrator fhall caufe to be affixed at 
 the Court-houfe Door of the Precindt, during the Court's fitting, giving Notice^ 
 
 that 
 
Lv^/^aSc/'North-Carolina. 59 
 
 that' Oil the Day ot (which Ihall be fome Days bctore the next iuc- ■ ^[J^\^^ 
 
 ceedino- Court,) the faid Goods will be expofed to Public Salej to the higheft 
 Bidder, at the Place where the faid Goods are referved and kept •, and thd Exe- 
 cutors or Adminiftrators lliall, on Oath, render a true Account of fuch Sale to 
 the next Court immediately luccecding fuch Salts, and ihall accordingly be ac- 
 countable for the fame to ilsch Perfons as in the afore-mentioned foi:<ifn6r-Law is .^ - 
 provided. -' • -m . _ oj : . 
 
 III. AND in Cafe the Eilate of any Perfon deceafed fliall be fo far indebted JjJ J',.^J^','"^,^f 
 as that the Debts cannot be difchai^ed by the Sale of what are deemed' perilhable t,i'<= fold, \i r"-' 
 Commodities-, Be it further EnaBed, That then and in fuch Cafe, the Executor .^|'g'^^^" ?^y 
 or Adminiftr.itor fhall, and they are hereby im powered and required,, to expofe ■"' ' 
 
 to Sale, in like Manner as aforcHiid, by the Dired;ions of the Precini^t Court, 
 fuch Part of, and fo many of the unperifliable Goods, direfted by the Jsefore*- 
 mentioned A61 to be k'-pc and referved in Kind, 'as will pay and fatisi^-all fuch 
 Debts and Demands. ' - ' ' '- • -•-"" 
 
 IV. AND whereas fome Doubts have arifen concerning the Mantier- of Reco- .{.^l^i^ '.^c[. 
 Very of Legacies, filial Portions, and other Parts of deceafed 'Perfons Eftates; -howtohe x^w. 
 Be it further EnaBed^ That it (hall and may be lawful- to 'recover the fame by "" ' ■. 
 Petition, accorciing to the refpeflive Sums fued for, in the General or Precinct '■ ■ 
 Courts of this Province, as well ^as in any Exclfcfiaftical or other Court whatfoevep. 
 
 "..'•'■- . ■ . ■ ■ .:.. .: lo 
 
 _ ^ ^— — ■ i,riT ^ri'ij'ii? 
 
 C H A^Pi ''5CI. 
 
 ^/i AB^ to rejlram the keeping too great a Number -of Horfe's- andMareSy „ 
 
 and fcr amending the Breed. \ Jji Un. f;-; -^•■J^^^ 
 
 '■',-' .' .OiO^ "J :'■-* ' . ' ,- ' 
 
 I. X^ E it Enacted^ by his Excellency the Palatine, and 'the reft of'.t%e,^trjiie dnd 
 J3 abfclute Lords Proprielorsyf Carolina, by and with the Advice and' 'Confent 
 cfi.be reft of the Members of the- -General JJfembly, noiv met at Edcnton, ./cr 
 the North-Eaft Part of ' the faid Province^ 'alid.it is hereby Enacted, by the Au- n^ p.-rfon, not 
 thonty of the farfiCyThsLt no Perfon, being 'an. Inhabitant of this Government, and ofjoAjeT'^!"* 
 not having a Freehold of Fifty Acres of Land, 6v poffeired* 'of, of occupying totcepaStaiiion 
 Lands or Tenements, flidil keep, as Owner, a Stone-Horfe or Horfes, or un- t'Ln'i'GJid;^^^ 
 foade Mare or Mares, or any n> ore than ohe Gelding, or fpade Mafe, to run at "■■ 'p'")e" Mar', 
 
 -/ . ■' <-' i. running at larg;, 
 
 II. ANT) be it further Enacted^ by the Authority aforefaid. That if any Per- PerCons keeping 
 fon, not qualified as aroferai'd,'*niaH keep any Morfe orTvIare ruhnihg af large, onttTy'toThi* 
 except one Gelding, and one fpade Mare, fs aforefaid, it fnall and may be law- Art, what :o 
 ful for any Perfon to take up the fame, who is hereby obliged and directed to '" *^"' 
 give Notice thereof, in Writing, to the Owner, . within Three Days a^ter fuch 
 taking up •, which Owner Ihall have Liberty to appear at the next fuceeeding 
 Court of the County wliercin he dwelleth, and if he can prove, to the Satisla6tion 
 of the faid Court, that he is qualified, according to the Meaning of this A61, to 
 keep fuch Horfe or Mare fo taken up, he fhall have the flime reftored ; but if he 
 fhall fail in his Proof aforefaid, he fhall pay to the Perfon taking up, Iwenty 
 Shillings for every Horfe or Mare fo taken up: And if the Gwner-oHlich -Horfe 
 or Mare fhall refufe to pay the aforefaid Sum of Twenty Shillings, that then it 
 fhall and may be lawful tor the taker up of fuch Horfe or Mare to fell the fame, 
 at Public Vendue, to the highcfl Bidder, and one Half of the Mony arifing by 
 fuch Sale to take to himfelf, and the other Half he fhall deliver to the Owner 
 of. JufiiLIorfe or Mare. 
 ' -^-^ • III. AND 
 
6o Z, ^ /^ 5 O/" N O R T H - C A K O L I N A. 
 
 .-/. D. .723 
 
 ifN^i^^TT^n II J- ^NDhe it fiirthcr Enacted, by the Authority aforefaid. That where the 
 in \kU than 10 Information of the taking up ot luch i4orfLS or unfpade Marcs as aforefaid, Ihall 
 cou!t!"o'.vntr' happcH to be made to tiie L^v/ncr or owners witain lefs than Ten Days before the 
 may appear at Time of the fitting of the Court of the r'recind where fuch Owner refides, in 
 cTmt,"'"' '"^ fuch Cafe he fhah hdve i^ibcrty to appear at the next fucceeding Court after fuch 
 
 Court, to prove himfcif a Freehoidtr, or pofTeired of or occupying Lands or 
 
 Tenements. 
 
 No Pf rfon to let J V. AN D be it further Enabled, by the Authority aforefaid. That no Perfon or 
 13' H"nds high" Perfons whatfoevtr, Inhabitants of this Government, fhall fuffer, or let go at 
 go at large. large, any Stone- Horfe or b.tont-liorf.^s or Two icars old, unkfs fuch Horfe or 
 Horfcs flaall be, at leaft, Ihirtctn Hands in Height, upon Penalty of forfeiting 
 fuch Horfe or Horfes, or the oum of Three bounds, to the taker up of every 
 fuch Stone-horfe ; provided the fame be found running at large, and not within 
 the Confine of any fence, W ater, Marlh, or Swamp. 
 
 Jttuvn?" «"? ^' ^ N Bbe it further Enabled, by the Authority aforefaid. That the taker up 
 th. fame before a of fuch Stone-horfe {hall, within Ten Days after the taking up thereof, carry the 
 Io'dV/IS" f^"^e Horfe, and make Oath, before fome Juftice of the Peace, of his taking 
 makeOat'hofthe Up the fame ; which Proof being made, the Juilices fhall caufe fuch Stone-horfe 
 ^'"'' to h^ meafured, and upon finding him not full Thirteen Hands high at Two Years 
 
 old, as aforcfaitl, the juftice fhaJl give a Certificate, from under his Hand, cer- 
 tifying the fame •, and thereupon the Taker up of fuch Horfe or Horfes fo do- 
 ing fhall keep the fame, until the Owntr Ihall redeem fuch Horfe or Horfes, by- 
 paying the Sum of Three Pounds atorefaid to fuch Taker up. 
 
 '^^N'teTdVrrib! ^^- PROVIDED neverthelef, and it is hereby required. That fuch Taker 
 
 i'i'g fuc" H rfc" up Ihall fet up Advertifements, defcribing the faid Horfe or Horfes, with his or 
 
 wuh'n'i^D"!' ^"^^^^ Colour and Brand, at the Precinft Court-houfe Door where fuch Owner fhall 
 
 paying 3 1. to ' live or refide ; and if the Owner of fuch Horfe or Horfes fhall, within Ten Days 
 
 ftorcH'-"^ther- ^ftcr fuch Notice given, tender to the Taker up thereof, by paying, the Sum of 
 
 wife to jofe inm. Thrcc Pounds, or giving Security for the Payment thereof, that then and in fuch 
 
 Cafe, fuch Owner fhall recover and redeem fuch Horfe or Horfes ; otherwife the 
 
 Taker up thereof is hereby intitled to the Right and Property of fuch Horfe or 
 
 Horfes : Any Law, Ufage, or Cuftom, to the contrary, notwithftanding. 
 
 comniencement VII. A N D be it further Enacted, by the Authority aforefaid. That no Part, 
 of this Aft. Claufe, or Thing contained in this Ad:, Ih ill take Place, or be in Force, till af- 
 ter the Firft Day of July next, after the Ratification hereof. 
 
 CHAP. XII. 
 
 A71 ASf, for ejilarging and E?Jcourage?nent of the Town at the Jfand of 
 Roanoke, now called Carteret. O B S. 
 
 CHAP. 
 
LAWS of North-Carolina. 6r 
 
 A. D. STi'}. 
 
 CHAP. XIII. 
 
 An A5i, for (be better fettling of the Tow7i of Newbern, in the Precindi 
 
 of Craven. 
 
 I. TTTHEREAS a certain Plot of Ground, being Part of a Trad of P''^^"' 
 
 YY Land, lying in the Fork of Neufe River, late belonging to the Hon- 
 ourable Col. Thomas Pollock, deceafed, but now the Property of Mr. Cullen Pol- 
 lock^ was formerly laid out into a Towniliip, by the Name of Newberfiy with 
 proper Allotments for a Church, Court-houfe, and Market-place ; as by a Plot 
 or Draught, upon Record in the Clerk's Office of Craven Precin6b Court, will 
 more plainly appear : Therefore, for the Advancement of the faid Town ; 
 
 . II. B Eit EnaEledy by his Excellency the Palatine, and the reft of the true and 
 ahfolnte Lords Proprietors of the Pro-uince of Carolina, by and with the Advice 
 and Confent of the reft of the Members of the General Affembly^ now met at Eden- 
 ton, for the North-Ead Part of the faid Province, and it "is hereby Enacted, by 
 the Authority of the fame. That the faid Land, as it is already laid out by the 
 faid Draught, together with as much other Land lying contiguous and moft con- 
 venient to the faid Town, to compleat a Towniliip, as Ihall make the whole 
 Two Hundred and Fifty Acres, reftrving to the Owners thereof the Property of 
 fuch Lots 'as are fold already by William Hancock, Attorney of th.^ faid Col. Tho- 
 mas Pollock, is hereby and henceforward invcfted in Mr. Cullen Pollock, Mr. Wil- 
 liam Hancock, Jun. and Richard Graves, or any of tljem, for the Ufe aforefaid. 
 Declared, Confirmed, and Incorporated into a Townihip, by the Name oi New- 
 bern ; with all Privileges which ever have belonged to the 'faid Town, or fhall 
 hereafter be expreficd, for ever. 
 
 III. PURSUANT to which, // is hereby EnaBed, by the Authority afore- 
 faid. That the Places already laid out for a Church, Court-houfe, and Market- 
 place, be referved for tiiofe Ufts ; and that the reft of the I-and not already laid 
 out, be forthwith laid out into Lots of Half an Acre each, with convenient 
 Streets and Paflages, with Fronts belonging to the faid Lots, by the faid Truf- 
 tees, or any of them. 
 
 IV. A N B be it further Enacted, by the Authority aforefaid. That Mr. Ca//^« 
 Pollock fliall be, and he is hereby appointed the prefent Trcaiurer and Receiver 
 of the Monies arifing by the Sale of the faid Lots ; and on his Death or Depar- 
 ture out of the Government, the Firft in Commiffion fhall fucceed, and be Trea- 
 furer for -he Time being, he giving Security to the Juftices of the faid Precinft, 
 that he will be accountable for the Money he fhall receive by the Sale of the faid 
 Lots, unto the faid Mr. Cullen Pollock, his Heirs or AfTigns. 
 
 V. AND be it further Enacted, by the Authority aforefaid. That any Perfon 
 whatfoever who is willing or defirous to be an Inhabitant of the faid Town, fhall 
 have Liberty to take up any Lot or Lots fo laid out as aforefaid, and not before 
 taken up ; which Lot or Lots the Commiffioners afore appointed, or any of them, 
 ar€ hereby direded, required, and impowercd, to grant, convey, and acknowledge, 
 to the Perfon fo taking up fuch Lots, and to his Heirs and AfTigns, for ever, 
 in Fee-Simple, upon the Payment of Twenty Shillings, Confideration-Money, 
 with a Pepper Corn Yearly, if demanded, as an Acknowledgment to the faid 
 Cullen Pollock, his Heirs or Afligns, for ever, for each Lot : Which Twenty 
 Shillings fhall be paid to the faid Cullen Pollock, the Owner of the faid Land, and 
 to his Heirs and AfTigns. 
 
 Ct VI. P RO- 
 
62^ LAWS o/' N O R T H - C A R O L I N A. 
 
 A, D. 1723. 
 
 VI. P R OVID E D always. That what Perfon foever fhall take up, and have 
 conveyed to him, any Lot or Lots as afore-mentioned, and Ihall not build, or 
 caufe to be built thereon, within Eighteen Months after the Date of the faid Con- 
 veyance, a good and fubftantial habitable Houfe, not of lefs Dimenfions than 
 Twenty Feet in Length, and Filteen Feet wide, without Shed, every fuch Con- 
 veyance lliall be, and it is hereby declared void and of none Effe£t, as it the 
 fame had never been made or done ; and then the faid Lot or Lots fhall be frec- 
 and clear for any otlier Perfon to take up and purchafe the fame, as if it had ne- 
 ver been taken up : And the Money arifing by fuch Sales fhall be paid unto the 
 faid CuUen Pollock, his Fleirs and AiTigns, by the laid Commiflioners, as aforefaid. 
 
 VII. AN D be it further Enabled, by the Authority aforefaid. That if any Per- 
 fon or Perfons fliall die pofTefled of any of the faid Lot or Lots, without leaving 
 Heirs, or without making of a Will of the faid Lot or Lots, that then, and in 
 fuch Cafe, the abfolute Fee fliall come and revert unto the faid Cullen Pollock, 
 his Heirs and Affigas, for ever; notwithftanding any Thing contained in an Aft, 
 intituled, An Act, concerning Efcheat Lands and Efcheators, or any other Law» 
 Cuftom, or Ufiig-e to the contrary. 
 
 Y\\V. AND be it further Enacted, by the Authority aforefaid. That the Com- 
 miflioners, or any T^Vo of them, fliall have full Power and Authority, and they 
 are hereby impowered and required, to remove all Nufances within the Limits of 
 die faid Town ; and that no Perfon, inhabiting in the faid Town, holding Lots 
 there, fliall inclofe the fame, or keep the fame inclofed in the faid Town, undef 
 a common Stake-Fence -, but every Lot or Lots inclofed, fhall be either paled 
 my or done with Pofts and Rails ict up. 
 
 IX. A N D for a further Encouragement to the fettling of the faid Town ; Be 
 it further Enacted, by the Authority aforefaid. That all Eledions of Burgefles, or 
 other Public Bufinefs and Affairs of the like Nature, properly belonging to the 
 faid Precinft of Craven, fliall be taken and done within the aforefaid Town of 
 Ne'wbern. 
 
 CHAP. XIV. 
 
 An additional A5f to an ASf, intituled. Staple Commodities rated. 
 
 OBS. 
 
 C H A P. XV. 
 
 An AB, for incorporatifig the Sea Por/^ fo/' Beaufort, in Carteret TrecinSl^ 
 into a Tonanjljip, by the Name of Beaufort. 
 
 Private. I. XTTHEREASa certain Plot of Ground, being Part of a Trad of Land, 
 
 VV in Core-Sound, late belonging to Robert Turner, Efq-, but now the Pro- 
 perty of Richard Ruftul, Efq-, was formerly laid out into a Townfliip, by the 
 Name of Beaufort Town, with proper Allotments for a Church, a Town-houfe, 
 and a Market-place ; as by a Draught thereof, upon Record in the Secretary's 
 Office, doth, and may, more fuUy and at large appear : And whereas the true 
 and abfolute Lords Proprietors of Caroline^ upon the Petition of the Inhabitants 
 
LAWS o/^North-Carolina. 63 
 
 of Core-Smnd^ now called Carteret Precindt, have erefted the fame into a Sea ^- ^- »733- 
 
 Port, by the Name of Pert-Beaufort, and have invefted the fame with all Privi- ^^ "^ ^ 
 
 leges and Immunities belonging to a Sea Port : Therefore, for the Encourage- 
 ment of the faid Town, and the due Encouragement of the Trade and Commerce 
 thereof, and the Pai'ts adjacent, 
 
 II. We pray that it may be Enadled, And he it Ena5fed^ by his Excellency the 
 Palatine, and the reft of the true and abfolute Lords Proprietors of the Province of 
 Carolina, hy and ivith the Advice and Confent of the reft of the Members of this 
 ■prefent General Affembly^ now met at Edenton, for the North-Eaft Part of the faid 
 Province, and it is hereby Enaacd, by the Authority of the fame. That the faid 
 Land, as it is already laid out, together with as much other Land lying conti- 
 guous and moft convenient to the laid Town to compleat a Townfhip, as fhall 
 make the Whole Two Hundred Acres, refcrving to the Owners thereof the Pro- 
 perty of fuch Lots as were fold, in Fee-Simple abfolute, by the faid 'Turner, be, 
 and it is hereby and henceforward invefted in Richard Ruftull, and Chriftopher 
 Gale, Efqrs. John N elf on, Jofeph Bell, 'and Richard Bell, or any Two of them, 
 to and for the Ufes aforcfaid, and Declared, Confirmed, and Incorporated into a 
 Townlhip, by the Name of 5^^«/(jr/, with all Privileges hereafter cxprefTed, for 
 ever. 
 
 III. PURSUANT to which, // is hereby Ena^ed, That the Places alrea- 
 dy laid out for a Church, aTown-houfe, and a Market-place, be referved for 
 thofe Ufes -, and that the reft of the Land not already laid out, be forthwith laid 
 out into Lots of Half an Acre each, with convenient Streets and Paflages, by the 
 faid Truftees, or any Two of tiiem. 
 
 IV. PROVIDED akvays. That the principal Streets in the faid Town 
 fhall be Sixty Six Feet wide, at leaft. 
 
 V. AND be it further Enacted, by the Authority aforefaid. That the faid Rich- 
 ard Rtftul, Efq; fliall be the prefent Treafurer and Receiver of the Monies ari- 
 fing by the Sale of the faid Lots ; and on his Death or Departure out of the Go- 
 vernment, then the Firft Commiinoner fhall fucceed, and be Treafurer for the 
 Time being, he giving Security to the Juftices of the Precinct Court, that he 
 v/ill be accountable for the Monies he fhall receive, according to the Directions of 
 this A6t. 
 
 VI. A N D be it further Enacted, by the Authority aforefaid. That every Per- 
 fon wiiatfoever who is willing or defirous to be an Inhabitant of the faid Town, 
 fhall have Liberty to take up any Lot or Lots fo laid out as aforefaid, and not 
 before taken up ; which Lot or Lots the CommifTioners aforefaid, or any Two of 
 them, are hereby direded, required, and impowered, to grant, convey, and ac- 
 knowledge, to the Perfons fo taking up the lame, and his Heirs and Afligns, for 
 ever, in Fee-Simple, upon Payment of Thirty Shillings, Confideration-Money, 
 for each Lot, whereof Twenty Shillings fliall be paid to Richard Ruftull, Efq-, 
 the Owner of the faid Land, and to his Heirs and Afligns, and the other Ten 
 Shillings fhall be for the purchafing Great Guns, and for fortifying the faid Town ; 
 and fliall be paid, by the Treafurer afore-mentioned, into fuch Hands as the Go- 
 vernor or Commander in Chief for the Time being fhall appoint to overfee the 
 faid Work. • -: 
 
 - Kfirfl hy-M 
 
 VII. P RO V ID E D always. That what Perfofl foever fhall take up anH have 
 conveyed to him, any Lot or Lots as afore-mentioned, and fliall not build, or 
 caufe to be built thereon, within Two Years after the Date of the faid Convey- 
 ance, a good fubftantial habitable Houfe, not of lefs Dimenfions than Twenty 
 
 Feet 
 
64 LAWS o/'North-Carolina. 
 
 Feet in Length, and Fifteen Feet wide, befides Sheds, or make Preparation for 
 fo doing, as the Court of the Precinft, by View of any Two or more of them, 
 fhall judge reafonable to fecure the fame, every fuch Conveyance fhall be, and it 
 is hereby declared void and of none Effcd, as if the fame had never been made ; 
 and then the faid Lot or Lots fhall be free and clear for any other Ferfon to take 
 up and purchafe. 
 
 VIII. PROVIDED c.lfo. That all Monies arifmg by the Second or other 
 Sales of the faid Lots, fnall be, and is hereby appropriated to the Ufe of the Pa- 
 rifh ; firft, for the building of a Church, and afterwards, to fuch other Ufes as the 
 Churchwardens and Veftry Ihall think fit. 
 
 IX. JND h it further Ena5iedy by the Authority aforefaid. That the Com-, 
 mifiioners aforefaid, or any Two of them, fhall have full Power and Authority, 
 and they are hereby impowered, required, and commanded, to remove all l\u- 
 fances within the Limits of the faid Town : And that no Perfons, Inhabitants of 
 the faid Town, or holding Lots there, fliall enclofe the fame, or keep the fame 
 enclofed in the faid Town, under a common Stake-Fence ; but every Lot or Lots 
 
 "fo enclofed, fhall be either paled in, or done with Pofts and Rails fet up. 
 
 X. AN D be it further Ena^ed^ by the Authority aforefaid. That the Church 
 for the faid Precind; of Carteret, hereafter declared to be the Parifh of St. John^ 
 and the Court-houfe for the fame, fliall be built in the faid Town : And the Juf- 
 tices of the faid Precinft for the Time being, fhall have full Power and Authority 
 to levy, or caufe to be levied, any Sum or Sums of Money, not exceeding One 
 Hundred Pounds in the whole, upon the Inhabitants or Kflates in the Precindt 
 aforefaid, for and towards the erefting and building the Court-houfe afore-men- 
 tioned, as foon as the Circumflances of the Inhabitants will admit of raifing the 
 faid Sum. 
 
 XI. A N D as a further Encouragement to the Settlement of the faid Town ; 
 ]Be it further Enabled, by the Authority aforefaid. That all Mufters for the Pre- 
 eindt of Carteret, Eleftions of Burgefles, and all Bufmefs and Affairs of the like 
 Nature which properly belongs to the faid Precind, fhall be taken, done, and 
 tranfa6led within the faid Town of Beaufort, and in no other Place or Places 
 whatfoev-er. 
 
 XII. AND be it further Enacted, by the Authority aforefaid. That all Li- 
 quors which are, bona fide, the Growth, Produ6t, and Manufaclure of the Pre- 
 cindt of Carteret, fhall and may be retailed in the faid Town, for the Space of 
 Ten Years next after the Ratification of this Adt, by any Freeholder or Inhabi- 
 tant of the faid Town, without any Licenfe or other Permit for fo doing -, fubjedt 
 nevcrthelefs to the feveral Penalties, Forfeitures, and Rcflridions, as by the Law, 
 intituled,, Ordinary-keepers how to fell, are made and provided. 
 
 XIII. AN Dbe it further EnoMed, by the Authority aforefaid. That all Perfons 
 PofTeflors or Owners of Lots in the faid Town, fhall, and they are hereby obliged, 
 within Two Years after the Ratification of this Ad:, to clear all fuch Lots held 
 and, pofTefTed by them, from all Manner of Wood, Under-wood, Brufli, or 
 Grubs,; that are or may be ofFenfive to the faid Inhabitants, and fliall keep and 
 maintain the fame, from Time to Time, and at all Times hereafter, as often as 
 Need fhall require ; under the Penalty of Five Shillings for every Month the faid 
 Lots fhall lie uncleared after the Expiration of the Time aforefaid : To be reco- 
 vered before One Juftice of the Peace, and applied, one Half to the Informer, 
 and til? other Half to the V(,^ftry, for the Ufe of the Parifli. 
 
 )xS\ XIV, AND 
 
LA IV S of North-Carolin A. 65 
 
 XIV. AND^e it further Enacted, by the Authority afar ef aid. That in Cafe 
 of the Death or Departure out of the Government of any of the Commiflloncrs 
 aforefaid, the remaining Part of the Commiffioners, together with the Juftices of 
 the Court, are hereby fully authorifed and impowered to make Choice of fome 
 oiher Perfon or Pcrlons to fucceed fuch Commiflioner or Commiffioners fo dying 
 or departing, as aforcfaid ; which Perfon or Perfons fo eledted and chofen, Ihall 
 be, and they are hereby invefted with as full Power and Authority, to all Intents 
 and Purpofts whatfoevtr, as the prefent Commiffioners now herein nominated and 
 appointed j that fo the full Number of Commiffioners may be always kept up 
 and full. 
 
 XV. AND whereas the faid Town of Beaufort, and Parts adjacent, is made 
 a Precin6t, divided from Craven, by the Name of Carteret Precind ■, Be it there- 
 fore Ena^ed, by the Authority aforefaid. That the faid Precin6l be, and it is here- 
 by eredled into a Parifli, by the Name of St. John's Parifh ; and that the follow- 
 ing Perfons be, and they are hereby appointed Veftrymen of the faid Parifh, Z'iz. 
 
 Chrijlopher Gale, Efq-, Jofeph Bell, John Shaw, 
 
 John Nelfon, Richard JVithurJi, Richard Williamfon, 
 
 Richard Rufliill, John Shakleford, Thomas Merriday, 
 
 Enoch Ward, Jofeph Fullford, Charles Cogdail. 
 
 Which faid Veftrymen fhall be, and they are hereby invefted with all fuch Pri- 
 vileges and Authorities, and fubjeft to the fame Penalties and Forfeitures, within 
 the faid Parifh, as in and by an A<5f, intituled. An Act, for eftahlifhing the Church, 
 and appointing felect Vejiries, is and are given to the Churchwardens and Veftry of 
 the feveral and refpedive Parilhes in the faid A6t mentioned. 
 
 XVI. AN P be it further Enacted, by the Authority aforefaid. That whofoever 
 fhall be found guilty of quarreling or lighting in the faid Town or Townlhip, 
 or in any other Town or Townfhip which now is, or hereafter fhall be laid out 
 within this Government, in the View of any Juflice, or fhall be thereof convi6led, 
 by the Oath of one credible Witncfs, fhall forfeit and pay, for every fuch Offence, 
 the Sum of Ten Shillings ; and for Want of fuch Payment, fhall fuffer Twen- 
 ty Four Hours Imprifonment in the common Goal, or elfe be fet in the Stocks 
 for the Space of Two Hours, at the Difcretion of the Juflice ; provided that the 
 Information be made within Twenty Four Hours after fuch Offence fhall be com- 
 mitted : And in Cafe any Juflice of the Peace fhall negledl to do his Duty here- 
 in, either upon View, or Information to him made, he fhall forfeit and pay the 
 Sum of Twenty Shillings, to the Ufes laft above mentioned. 
 
 S I G N E D by • 
 
 William Reed, Efqj Prefident. 
 
 y. Pollock, Chr. Gale, 
 
 ikf. Moore, John Lovick, 
 
 Lords Proprietors Deputies. 
 
 Edward Moseley, Speaker, 
 
 R Anno 
 
 A. D. 1723. 
 
L A W S of North-Carolina. 67 
 
 /Ids. iS^>^ik.-^^^^ iS^-. ife^^il^ i^:;^41 
 
 Anno Regni 
 
 G E O R G I I n, 
 
 Regis, Magn^e Britaiinii^^ Francis, & Hiherntiey 
 
 Prlmo. 
 
 A. D \T2.7. 
 
 At a General Biennial ASSEMBLY, held at Edentori, in s^'^'chahp 
 Choojoan Precin6i:, the Sixth Day of November ^ One g^^™""' 
 Thoufand Seven Hundred and Twenty Seven. 
 
 CHAP. I. 
 
 An ASty to encourage the Tanning of Leather in this Province. ^^p- ^y ^^* 
 
 * ^0^- 27, l^^^. 
 
 Chap. %, 
 
 CHAP. II, 
 
 An AB, for Regulatitig Towns, and Eledlions of Burgejfes. REP, 
 
 CHAP. Ill, 
 
 An AS}, to Regulate Trade in Bath County. REP, 
 
 CHAP. IV. 
 
 An Aa, for encouraging and facilitating Navigation in this Province. 
 
 REP. 
 
 CHAP. 
 
68 1/^/F.So/" North-Carolina. 
 
 ^- _■_ I I ■ ■ T .. ' ~ ' . " ' — — ' ~ ' - - - 
 
 -tf. Z). 1727. 
 
 CHAP. V. 
 
 j^n ABy to encourage Dejlroying of Vermin. EXP. 
 
 CHAP. VI. 
 
 An Aci^ for Enlarging and Confif-ming the Power of the PrecinB Courts, 
 and' to prevent ASiions and Indi6lments^ of fnall Value^ being brought 
 in the General Coip-t. EXP. 
 
 CHAP. VII. 
 
 Rep. all but the An ASi^ to appoint the North-weft Part of Bertie PrecinB a dijlindt 
 
 which are'fsfou Parijh^ by the Name of the North- weft PariJJi of Bertie PrecinB, 
 
 '"*'• and for appointing Vejlrymen for the faid Parijh 'y and to appoint Com- 
 
 mijjioners in every PariJJo in this Goverfimefit, to call the Churchwardens 
 
 and Vefry to Account ^ for the Parijh Money by them received. 
 
 pritjte. I. TT7HEREAS many Tnconveniencies attend the Inhabitants of Bertie 
 
 W Precind, by Reafon of the Largenefs of the Parilh, it including the 
 whole Precind : 
 
 II. B E it therefore Enabled, by his Excellency the Palatine, and the reft of the 
 true and abfolute Lords Proprietors of Carolina, by and with the Advice and 
 Confent of the reft of the Members of this prefent General JJfembly, now met at 
 Edenton, for the North-Eaft Part of the faid Province^ and it is hereby EnaUed^ 
 by the Authority of the fame. That the faid Precindt be divided into Two Parifhes, 
 as follows : From the Mouth of Wreftann's Creek up the faid Creek to the Head 
 of Ahatfkey Swamp, from thence a dired Courfe to the Head of Bridger's Creek, 
 thence down the faid Creek to Roanoke River, and from thence, a South-weft 
 Courfe to the outer Inhabitants upon Fiftjing Creek. 
 
 III. AND be it further Enacted, by the Authority aforefaid. That there fhall 
 be a Veftry appointed for the North-weft Parifli of Bertie, confifting of the Mi- 
 nifter, (when any fuch fhall be,) and the following Perfons, viz. 
 
 Major Barnabas Mackennie, Capt. John Spann, Mr. Jofeph Lane, Sen, 
 
 Mr. Benjainin Hill, Mr. Robert SimmonSy Mr. Richard Pace, 
 
 Mr. Arthur Williams, Mr. John Due, Capr. George Winn, 
 
 Mr. Edward Howard, Mr. William Kinchen, Mr. John Boude. ^ 
 
 Which faid Veftrymen are to befummoned, by the Provoft Marlhall, or his De- 
 puty, to meet at the Church, Chappel, or Court-houfe, in the faidParifh, within 
 Forty Days after the Ratification of this Ad -, under the Penalty of Twenty Shil- 
 lings for every Veftryman not fummoned : To be recovered, by Bill, Plaint, or 
 Information, in any Court of Record within this Government, and applied to the 
 Ufe of the Poor of the Parilh. 
 
 IV. AND be it further Enacted, hy jhe Authority aforefaid. That if any fuch 
 Veftryman, being fummoned, ftiall fail to appear and qualify himfelf, as by 
 Law is appointed, (unlefs he be a known Diffenter from the Church of England,) 
 
 he 
 
L A IV S o/' North-Carolina. 69 
 
 he fliall forfeit the Sum of Five Pounds; to be recovered, by Adion of Debt ^ />• «7»9- 
 Bill, Plaint, or Information, in any Court of Record within this Government 
 and applied to the Ufcs above mentioned. 
 
 V. AND be it further Ena3ledy hy the Authority aforefaid. That the faid Vef«» 
 trymen fhall have as tuU Power and Authority, as the Veftrymen have in anA6tj 
 intituled, An A£ly for ejlablijioing the Church, and appointing fele^ Vejiries. 
 
 CHAP. VIII. 
 
 An A5i, for Regulating the A5i, For appointing indifferent Jurymen, R«p-. ^y *«, 
 and to Repeal that Part thereof as relates to Precind: Courts. c£p. I'. *^'*** 
 
 S I G N E D by 
 
 Sir Richard Everard, Governor, 
 Chr. Gale, J. Lovick, 
 
 Edmond Gaky Ed. Mofeley, 
 
 Rich. Sander/on, Robert Weji^ 
 
 T. Pollocky Tliomas Harveyl 
 
 Lords Proprietors Deputies. 
 John-Baptista Ash, Speaker. 
 
 ^^ ,S^i^ 
 
 Anno 
 
."0 rnovo D , a P: a ^ s 
 
 ev 
 
L ji W S of North-Carolina. 71 
 
 j1. v. 1-29- 
 
 Anno Regni 
 
 G E O R G I I II, 
 
 ^■1 1^ 
 
 Regis, MagJJ^ Britanm^y Fraftct^y:' bC Hiberni^, 
 
 Tertio. 
 
 [ C U A (D 
 
 At a General ASSEMBLY, held at Ede^fof/, in Chowan S'R.. 
 Precin^^, the Twenty Seventh Day of ISovember, in the B.rt!Gov«oJr. 
 Year of our Lord One Thoufand ^even Hundred and 
 Twenty Nine. 
 
 C H A P. I. 
 
 An A5l, for the making and emitting the Sum of Forty Thoufand Foundry 
 Fublic Bills of Credit of North-Carolina. O B S. 
 
 CHAP. II. 
 
 An Acl^ for the more quiet fettling the Bounds of the M.oh^xxmlnd.hns 
 
 Lands, 
 
 I. "\ll 7"^ E R E A S Complaint is made by the Meherrin Indians^ that the Eng- Private* 
 
 VY li/h People difturb them in their Settlements, by coming to inhabit and 
 tend L,orn among them ; and alfo, that their Bounds allowed by Order of Coun- 
 cil, dated October the Twenty Sixth, One Thoufand Seven Hundred and Twen- 
 ty Six, did not extend high enough up from the Fork of Meberrm Neck : For 
 Remedy whereof, 
 
 II. B E it Enacted^ by his Excellency the Palatine, and the reft of the true and ah- 
 folute Lor da Proprietors of Carolina, by and with the Advice and Confent of the reft 
 of the Members of the General Affembly^ new met at Edenton, for the North Eaft 
 Fart of the faid Province, and by the Authority of the fame, 1 hat the laid Order of 
 Council be vacated, and that the Indian Bounds and Limits fhall be extended a$ 
 foilowtth, viz. Beginning at the Moutli of Meherrin River, and fo up the River 
 
 ii . 
 
72 
 
 LAWS o/' North- C a r o l i n a. 
 
 A. D. 1729. |.Q the Mouth of Horfe-Pajiure Creek, formerly called Indian Creek -, then by the 
 faid Creek up to the Fork of it -, then by xhc North Eajt Branch thereof to the Head 
 of the lame •, then by a ftrait Line acrofs to Chotvan River, by the upper Line of 
 Mulberry Old Field Survey, to Samuel Powers Lands , then along the various 
 Courfes of the River, to the firft Station. 
 
 III. A NDhe it alfo Enacted, by the Authority aforefaid. That all Englijh People or 
 any other, living in the faid Bounds, fhall move off, and that no Perfon but the 
 faid Indians fhall inhabit or cultivate any Lands within the Limits aforefaid, while 
 the faid Indians remain a Nation, and live thereon: And if any Perfon ihall of- 
 fend againft this Aft, on Complaint made to Mr. John Boude, who is hereby ap- 
 pointed Commiffioner for the faid Indians, he fhall grant his Warrrant to theCon- 
 ftable, requiring him, with Aid, ( if Need be, ) to remove fuch Perfon, at or before the 
 Twenty f ifth of December next enfuing -, and any Perfon refufing to remove, 
 fhall be brought before the faid Commiffioner, and upon his Convidion of the 
 fame, Ihall forfeit, for the firft Offence, Five Pounds : And if he ftill perfift, 
 and refufe to go off from the faid Lands, after Warning from the Commiffioner, or 
 by his Order, for the Second Offence fliall forfeit the Sum of Ten Pounds, and for 
 the Third Time of his fo offending, fhall forfeit Twenty Pounds, and Two 
 Months Imprifonment, and give Security for his or their good Behaviour : To be 
 recovered, by Bill, Plaint, or Information, in any Court of Record in this Go- 
 verment ; wherein no Effoign, Proteftion, or Wager of Law, fhall be allowed 
 or admitted of. 
 
 IV. AND he it further Enacted^ by the Authority aforefaid. That the faid Com- 
 miffioner is hereby impowerd and ordered to reinftate and fettle the faid Indians, in 
 giving them peaceable Poffeffion of the faid Lands, and to turn off any other Per- 
 fon or Perfons inhabitting within the faid Bounds, unlefs fuch Perfon have fpecial 
 Leave from the Governor and Council, for continuing thereon -, provided that 
 this Ad fhall not inveft the Fee-Simple of the faid Lands in the Indians, but fuch 
 as have Patents for the fame, or any Part thereof, their Title fhall be good and 
 valid ; neither fhall the lliid Indiatis have Liberty or Leave to rent, fell, or any 
 ways difpofe of the faid Lands. 
 
 CHAP. III. 
 
 An A5fy to make Hyde PrecinB Jcparate from Beaufort PrecmB, with 
 Power of ^redling a Court^joife, and holding Courts. 
 
 I. -^ "jr T H E R E A S the Precind of Hyde being united to Beaufort Precindt, is 
 YY found very inconvenient for the Inhabitants of Hyde Precinct to tra- 
 vel to Bath Town, where the Courts are now held : 
 
 ^ II. B E it therefore EnaEled, by his Excellency the Palatine, and the reft of the 
 true and alfolute Lords Proprietors of Carolina, by and with the Advice and Confent 
 of the reft oj the Members of this General Biennial Affembly, now met at Edenton, for 
 the North Eaft Part of the faid Province, and it is hereby Enabled, by the Authority of 
 the fame. That, for the future, Hyde Precinft fliall be feparate, in all Refpedts, 
 from Beaufort Precind, with Power of having a Court and Court-houfe eredted 
 in the faid Precind, and other Powers and Privileges to a Precind belonging ; and 
 that the Juftices to be appointed for the faid Precind, fhall be, and are hereby invef- 
 ted with full Power to purchafe Ground for ereding the faid Court-houfe, in 
 the fame Manner as by Law in fuch Cafes is already provided : And to the End, 
 that the fame may be built in the moft convenient Place for the Inhabitants of the 
 
 m 
 
I,/i^-f^^<9/' North-Carolina. 73 
 
 faid Precinft, the Juftices thereof are hereby diredled to caufe the faid Court-houfe ^- ^- ^~^9- 
 
 to be ereded at or near IViiUam IVebjler's i'lantatlon ; and alfo, to caufe a Poll- "^ v — ' 
 
 Tax, not exceeding Ten Shillings per foil, to be levied, in fuch Manner as by 
 Law is already provided in fuch Cafes, for defraying the Charges of buyino- the 
 faid Land, and bujiding a Court-houfe. 
 
 CHAP. IV. 
 
 jin AB, to appoint that Part c/ Albemarle County, lying on the South ^ide 
 c/" Albemarle Scimd, and Morattuck River, as high as. the Rain-bow 
 Banksy to be a Precin£l, by the Name of Tyrrel Precindl, 
 
 I- TT7HERE ASthat Part of ^/^m^r/^ County, lying on \k\.t South Side P'" 
 
 Vy of Albemarle^ Sound, and Mcratuck River, as 'high as the Rainbow 
 Banks, includes Part of the feveral Precincls hereatter named, -viz. Chowan, P^f- 
 ^uotank^ Bertie, and Currituck ; and whereas the great VVeacth of the faid Sound 
 and alfo the great Diftance from the feveral Precind Courts, renders it almoft im- 
 prafticable for the Inhabitants of thofe Parts to attend their Courts as aforefaid : 
 
 II. Wherefore, Be if Enabled by his Excellency ihe Palatine, cirJ the reji of iht 
 true and abfolute Lords Proprietors of Carolina, by and with the Advice and Con- 
 fent of the reft of the Members of this pre fen t General Aff em bly, now met at Edenton 
 for the North Eaft Tart of the faid Province, and by the Authority of the fame. 
 That that Part oi Albemarle County, lying on the South Side di Albemarle Sound' 
 and Moratuck River, being Part of the feveral Precinds before mentioned, bound* 
 cd to the V/eflward by Thomas Hcfkinsh upper Line, beginning at his upper Cor- 
 ner Tree, on Rainbow Banks, on Mcratuck River, and by a Line runnino- South 
 from his outer Corner l ree, to the Southward by the Bounds of AlbemarlTcoun' 
 ty, to the Eaftward by the Sound, between Roanoak Ifland, and Croatan, and to 
 the Northward by Albemarle Sound and Moratuck River, as high as the Rainbow 
 Banks, in Moratuck River, fhall be, and the fame is herd^y declared to be ereft- 
 cd into a P'recindir, by the Name of 'fyrell Precind, in Albemarle County, v/ith all 
 and every the Rights, Privileges, and ether Benefits and Advantages whatfoever, 
 which any other Prccincl in Albemarle County can or may have, ufe, or enjoy. 
 
 III. A NT) he it further EnaSfed, by the Authority aforefaid. That the Eleaion 
 for Reprefentatives for the faid Precincl, lliall always be at the Court-houfe for the 
 faid Precind, or fuch Places as Ihall be appointed for the building the faid Court- 
 houfe therein. 
 
 IV. AND whereas by an Adc, intituled. An Act, for fettling the Precinct 
 Courts and Court-hoifes, it is tlierein provided in what Manner the Land fliould 
 \t purchafed, on which to build Court-houfes in the feveral Precinds: 
 
 Y. BE It E;:acted, by the Authority aforefaid. That the Juftices to be appoint- 
 ed for the faid Precinft of Tyrell, fhall cbferve the fame Method prefcribed by 
 the faid Ad, and Hiall caufe the Court-houfe for tiie fiid Precinct to be built 
 on the Land of William Downing, or that of Wtlliam Fraley, on Kendrick'i Creek, 
 as near as may be to the Bridge now called Fraley' s Bridge. 
 
 . ^- AND whereas Part of the above now Precind was formerly made a dif- 
 tind Parilh, by the Name of die South Parilh of Chowan -, 
 
 T mi, BE 
 
~, jL-^^aSo/" North-Carolina. 
 
 ^* ,iBi ■ ■! I !■ I ■! " ' ■■I'll— III- iiipiBi ■ ^T-vwmmmammmmvr\ » 
 
 A. D. 1729. 
 
 VII. B E it Enacted, That the whole Precind now appointed by the Name o£ 
 ^yrell Precind, be, and is hereby Erefted into one Parifti, by the Name of St^ 
 Andrew*s ; and that the fame Veftry be continued in the faid Parifh of St. Ati' 
 drew^s, which now is appointed to the faid Soutb Parifh of Chowan, with all and 
 every the Rights and Privileges, and other Benefits and Advantages whatfoevcr, 
 which any other Parilh in Albemarle County can or may have, ufe, or enjoy. 
 
 VIII. P ROVIDEB never thekfs. That it is not hereby intended, that the faid 
 Precind Ihall fend more than Two BurgefTes at prefent, to fit in General Afiem« 
 bly, without it fhall appear that there is three hundred Tythables in the faid 
 Precind: ; and in • fuch Cafe, it Ihall and may fend three Burgeffes ; and fo as ic 
 Ihall increafe in Number of Tythables, it Ihall fend one Burgefs for every Hundred 
 more, fo as not to exceed Five Reprefentatives in the whole. 
 
 CHAP. V. 
 
 Mis^ch.'"*'* ^« additional AB to an AB, for appointing Toll-Books, and for preventing 
 People Jrom driving Horfes^ Cattle^ or Hogs, to ether Perjhns Lands, • 
 
 ttetmMt, I. 'CTTTHEREAS in and by the faid Ad, the Remedy appointed for re* 
 
 YY covering the Penalty of Twenty Pounds for the inhabitants of any 
 
 ether Government's Cattle, Horfes, or Hogs, ranging on Peoples Land in this Go» 
 
 vernment, is by Diftrefs to be made by the Toll-keeper or Ranger, but no 
 
 Method appointed for defpofing fuch Diftrefs or Proceedings thereon : 
 
 II. B E it therefore Enacted, hy his Excellency the Palatine, and the rtjt of tl§ 
 l!"*of IXaLed '^^^ ^^^ ahfolute Lords Proprietors of Carolina, by and with the Advice and Con* 
 s»««k, fent of the reft of the Members of this General Affembly, now met ct Edenton, for 
 
 the North-Eaft Part of the faid Province, and it is hereby Enacted, by the Au" 
 ihority of the fame. That when fuch Diftrefs is made, or which may hereafter be 
 made, by the Owner of the Land, as well as the Officers aforefaid, the Stock io 
 deftrained Ihall be kept Four Days, unlefs fooner redeemed or replevied by the 
 Owner, who, on paying the Penalty, and the realonable Charges, jfhall have them 
 at any Time within Four Days after Seifure ; otherwife, after the Expiration of 
 the faid Four Days, they Ihall be appraifed by Three indifferent Freeholders, to be 
 appointed and fworn by fome Majeftrate, and the Property ftiall be immediately 
 vefted in the Pcrfon or Perfons feifmg the fame, he or they returning the faid 
 Appraifment to the Clerk of the Precind Court, with an exad Account of the Marks 
 ©r Brands of fuch Horfes, Cattle, or Hogs, which Ihall be let up at the Court-houfe 
 the next Court ; and any Perfon proving the Right to fuch Cattle, Horfes, of 
 Hogs, at any of the Four next Courts in the faid Precinds, after fuch Return ot thaC 
 Apfraifment, having given the Deftrainer Notice, Ihall have an Order or Judg^ 
 ment of the faid Court for the Overplus, according to the Appraifment, the Fe* 
 nalty and Charges deduded. 
 
 ^«uy hnw to III. AND he it further EnaHed, hy the Authority aforefaid. That the Penalty of 
 
 o"^!\^r^'&c 'Ten Pounds in the faid Ad for appointing Toll-Books, may be recovered by Dif- 
 
 .ot'L'be'exd.- trefs inhke Manner, provided that no Guardian or Executor Ihall be excluded by 
 
 ^"^' die faid Acl from bringing any Stock, under their Care, on their Land. 
 
 ro,=;5n«. Stcck ly. AND he it further Enacthd, hy the Authority aforefaid. That the Stock of 
 found on La,.di any Inhabitant of another Government being found on Peoples Land in this Go- 
 «;^;''trkr'' vemmeut, contrary eg the faid Act, ihall be deemed co be driven tliidier by th« 
 
m «mni»mw 
 
 LAWS o/'NoRTH -Carolina. 7^ 
 
 Owners, unlefs it can be proved they ftrayed by fome unavoidable Accident, and ^^ 1^^^ 
 were purfued, and have not ranged above Four Days, provided fuch Diftrefs be dTClPfh!^, 
 made Four Miles to the Southward of the Line betwixt this Government, and »'^'='* «i»"wi(ii 
 
 -,. . . froved. 
 
 Virginia. 
 
 V. ANB he it further Enacted, by the Authority aforefaid, that no Perfon no Pcrfon ft«ii 
 within this Government, Ihall prefume to hunt, drive, or kill any Stock, Deer, or f}^.'' ^""'' °* 
 Game, on any Perfons Land within this Governmenment, except Neighbours i^er'^r G°mc* 
 whofe Lands are very near adjacent, without Leave firft had and obtained from "^Xomu^^' 
 the Owner of the faid Land whereon he or they Ihall be found ranging or hunting, on Penalty of 5 1! 
 contrary to this Ad, under the Penalty of Five Pounds for each and every 1 ime ow„crf,na Ihc 
 he or they (hall be found ranging ; the one half to the Owner of the Land, the °*'"'' " '^^e it^ 
 Other Half to the Informer : To be recovered by a Warrant from two Jufti- ^''^^^^' 
 
 ces, whereof one to be of the Riorum j which faid Juftices are hereby impowered 
 finally to hear and determine the fame. 
 
 VI. AND he it further Enacted^ ly the Authority aforefaid. That no Ranger no Rangw ft»fi 
 or other Perfon, on any Pretence, fliall range or hunt, kill or take up, any un- *>''' "p »"y un- 
 marked Cattle, Horfes, or Hogs, on other Perfons Lands, without Leave of the w/.'^'tithou?'' 
 Owner of fuch Land or Lands; any Law, Lfage, or Cuflom, to the contrary, q'" ^"^'"^ =''* 
 notwithilanding : But that every Perfon fliali have free Liberty to take up and l,3" iu[ fuch 
 kill all fuch unmarked Cattle, Hogs, and Horfes, as he Ihall find running on his ^ZTSx.ot' 
 own Land, and the fame to convert to his own Ufe, unlefs the Property thereof own v^, 'unitf' 
 be proved within Three Months, by any Perfon claiming the fame ; who, payfng p^ovJI'T'ir^^ 
 for the taking up, Ihall have the faid Beaft, or its Value, as it is in the Law di- MonUis.' 
 reded for Rangers. 
 
 VII. AND whereas great Damages are frequently done, by Slaves being per- No shve to hunt 
 mitted to hunt or range with Dogs or Guns : For Prevention whereof. Be it En- °^,^u^fx «! 
 acted, by the Authority aforefaid. That it Ihall not be lawful for any Slave, on any '^m in Company 
 Pretence whatfoever, to go, range, or hunt on any Perfon's Land other than his M'lnj'nSnvei 
 Mafbers, with Dog or Gun, or any Weapon, unlefs there be a white Man in ff«m!iisMafter'e 
 his Company; under the Penalty of Twenty Shillings, to be paid by his Mafter, l^J^trii^ 
 for every Offence, unto the Owner of the Land whereon fuch Slave fhall rano-e ^f^ » °". '''» 
 or hunt ; and that no Slave Ihall travel from his Mailer's Land by himfclf ?o whipped.''*'"* 
 any other Place, unlefs he fliall keep the moft ufual and accuilomed Road : And ' 
 
 if any Slave fhall ofi^end contrary hereto, it fhall be lawful for the Owner of the 
 Land whereon any Slave fhall be found, to give him a fevere Whipping, not ex- 
 ceeding Forty Lafhes: And if any loofe, diforderly, or lufpefted Perfon, be if ="7 '^ifo'-'^erT? 
 found drinking, eating, or keeping Company with Slaves in the Night Time, KmpanytS 
 fuch Perfon fhall be apprehended and carried before a Juftice of the Peace ; and ^J,^"'.' '"'* ''^■ 
 if he cannot give a good and fatisfaftory Account of his -Behaviour, fuch Perfon Acquit of Wm- 
 ihail be whipped, at the Difcrttion of the Juftice, not exceeding Forty Lafhes. ihlpp'.d.'^'" ''* 
 
 VIII. AND for the better fuppreffmg of Negroes travelling and afTociating Negroeitrarding 
 themfelves together in great Numbers, to the Terror and Damage of the white JL^Jl iTicit.''* 
 People ; Be it Ena5fed, by the Authority aforefaid. That if any Negro or Negroes "^i^^"*. " i* 
 Ihall prefume to travel in the Night, or be found in the Quarters or Kitchens a- '''"f*"^' 
 mong other Perfons Negroes, fuch Negroes fo found fhall receive Corredion, 
 
 not exceeding Forty Lafhes, as aforefaid ; and fuch Negroes in whofe Company 
 they fhall be found, fhall receive Corredion, not exceeding Twenty Lafhes. 
 
 IX. P RO VID E D always^ That nothing in this Ad fhall be conflrued to ProTiiii, 
 prevent any Perfon from fending his Slaves on. his lawful Bufmefs, with a Pafs, 
 
 in Writing ; nor, to hinder Neighbours Negroes intermarrying together, fo thai 
 ycgnfc being firft bad aod obtained of their feverai Maftere, 
 
>j(^ L A P^ S of No rth-Carolina. 
 
 ^. D. i7i9. 
 
 '^■^-v—^ CHAP, VI. 
 
 See Aft pafTed ^^ ^^^ j^^ fjjg ^^^^ ejfeBiial and fpeedy putting in Execution the A^ 
 *^*'' '^" " for fettling the Title and Bciuids oj Peoples Lands, 
 
 Preamble. j^ '1X7' ''^ E R E A S the {AA Adi for the Proctflioning Peoples Lands, altho* 
 
 V V very neceflary for the afctrtaining Ptopks iiounds, and preventing Dif^ 
 putes hereafter, hath not been duly and eff-ciuully put in Execution : "Wherefore^, 
 that the faid Law may, for the futur.-, be better obfcrved i 
 
 Vcftries to divide H. B E li Enocted^ by his Excellency the Palatirte, and the refi of the true and ah-* 
 *'^^ca^"'''"''and foltitt Lords Proprietors of Carolina, by and with the Advice and Ccnfent of the reP 
 appint a Vice- of the Members cf the General Afftmlly^ now met at Edenton, for the North Eaft 
 holders to pro- „ . r ^y faid' Pro'vince^ and it as hereby EnaEled^ by the Authority) of the fame, 
 TO Penalty of 5 1. That the fevtral and rtfpcctive Veitries, when funimoned to meet tor that rur- 
 pofe by the Churchwardens, fhall, without any Order of Court, divide the Parifh 
 into convenient Cantons, and appoint Two able honcft Fn^eholders in each Can- 
 ton, to proceflion the Lands within the fame ; and that the Churchwardens in 
 each Parifh, fhall, immec.iately after the Eirft Day cf March next, fummon the 
 Veftry to meet for that Purpofe, under the Penalty of Five Pounds for each 
 Churchwarden negleding the lame ; afid the Clerk of the Parifh fliall, after fuch 
 Clerk t» pve /^^npointment by the Vtilry, immediately give Notice to the faid Freeholders 
 ■rrcthuideH. ^ appointed in each Canton, and of their r- fpedtive Divifions, under the Penalty 
 of Five Pounds for every Canton fo negledteU ; for which Notice the faid Veflry 
 Ihall allow the faid Clerk Twenty Shilhngs out of the Parifh Monies •, and tho 
 Freeholders fo appointed, on Notice given them, fhall forthwith (being firft 
 r^^ehoiders to f^orn to a£t juftly and impartially, to the belt of their Knowledge,) procefTion 
 ouh, 'on'peTi- Peoples Land, as in and by the faid Ad is already provided, under the Penalty 
 penlitU" to b- of Five Pounds each •, and the feveral Penalties by the faid Act, and hereby pro- 
 leceived by tiie yidcd, fhall be rccovcred and received by the Ci.urchwardens only, and to the 
 t^trufe'of the Ufe of the Parifh : And any Churchwarden failing in their Duty by the faid Aft 
 Parift. provided, or hereby required, fnail be anfwerable for thtir Penalties in their Ac' 
 
 compts with the Veftry ; and if they do not receive or profecute the Penalties for- 
 feited by any others for not performing their Duties in the faid A61, or hereby 
 provided, fuch Churchwardens fhall be anfwerable for the fame themfelves, in 
 their Accompts mxh the Veftry. 
 
 III. y^ND be it further Enacted, by the Authority afcrefaid. That where the 
 ^Zt'^^oX Bounds cannot be fully afcertained by fuch Freeholders appointed, they fhall 
 Surveyor to run makc Retum thereof accordingly, that in fuch Cafes the Surveyor may be or- 
 *""'^''" dered to run the Bounds, at the Charge of both Parties, in the fime Manner a» 
 
 is before in the faid Ad provided to be done, where one Purty utterly refufes t# 
 
 have his Lands proceflloned. 
 
 CHAP. vn. 
 
 See Aft paffed Aft AB. to ccjfrm Bath-Towii Common, 
 
 1745, Cbap. 9. 
 
 PrcamWc. I. TT7HEREAS a Trad of Land, adjacent to Bath-Tcwn, was granted 
 
 VV and lurveyed for a Common for the Ufe of the faid Town, and is bound- 
 ed as followeth, viz. Beginning at a marked Pine at the Eaji Branch of the Old 
 Town Creeks running up Captain Barrow\ Line to a Bound Oak, Weji Eight 
 
 Degrees 
 
Zz/^/'^/S'^/'North-Carolina. 77 
 
 A. Z), 1710 
 
 Degrees North, Two Hundred Pole ; thence to a marked Pine at David Perkinses 
 Corner, North Eight Degrees Eafr, One Hundred and Three Pole •, thence to a 
 Hickory at the Branch, AWth Ten Degrees Eajf, One Hundred and Seventy 
 Two Pole i thence down the Windings of the Branch and Creek to the firft Sta- 
 tion ; which faid Land contains One Hundred and Forty Five Acres, but the 
 Title thereof hath never been fully confirmed : 
 
 II. B E ii therefore EnaSiedy by his Excellency the Palatine, and the refi of the 
 true and ahfohte Lords Proprietors of Carolina, by and with the Advice and Confent co^^-^^^n 
 of the reft of the Members of this General Biennial Ajfembly, tiow met at Edenton, for '''■'"'^• 
 the North Eaft Part of the faid Province, and it is hereby Enabled, by the Authority of 
 the fame. That the faid Land fhall be, and is hereby appointed a Common, to 
 lie perpetually for the Ufe and Benefit of the Inhabitants of Bath-Town, under 
 fuch Reftridtions and Regulations as is or Ihall be appointed for Town Commons ; 
 and that the Infpedion and immediate Care of looking after the faid Common, 
 be in the Commiflioners of the faid Town for the Time being. 
 
 CHAP. VIII. 
 
 jin AB, t9 Repeal the ASl, intituled. An Ad, for Encouragement of 
 Tanning Leather in this Province. O B S. 
 
 CHAP. IX. 
 
 Jn additional A5i to the A5i, For the Tryal of fmall and mean Caufes. Rep. by Aft. 
 
 April 4, 1741, 
 
 Chap. 15. 
 
 CHAP. X. 
 
 An A5i, for regulating Vejlries in this Government, and for the better in- j^ep. by as, 
 fpe£itng the Vejlrymen and Churchwardens Accompts of each and everv ^-^"^ *' '74'' 
 Parijh in this Government. ^ ^^ tL^' p?r; 
 
 which ereft* 
 I^ew-Hano'ver 
 into a PrecinA, 
 
 S I G N E D by 
 
 Sir Richard Everard, Governor^ 
 Chr. Gale, J. Lovick, 
 
 Edmond Gale, Ed. Mofeley, 
 
 Rich. Sanderfon, Robert Wefl, 
 r. Pollock, John Paulin, 
 
 y. Worley, 
 
 Lords Proprietors Deputies, 
 Thomas Swann, Speaker, 
 
 " Anno 
 
LAWS of N O R T H -C AR O L. I N A. 
 
 79 
 
 .■i O. i;3+. 
 
 
 ^qp<:^^^pqpqpqp^^pqp"^^PQP'^P'^P■^P'^P^'P'-iP"^^^ 
 
 Anno Regni 
 
 GEORGII 11, 
 
 Regis, Magn^ Britanniie, Francis, & 
 Hihernia, Odavo. 
 
 At a General ASSEMBLY, held at Edenton, in Chowan J.WWW, 
 Predn6i:, in the Year of our Lord One Thoufand Seven ^^'^' °'''"""' 
 Hundred and Thirty Four. 
 
 C H A P. I. 
 
 An ASl^ for Stamping and Exchanging the prefent Bills of Currency of 
 this Province^ and for the better explaining A7i A5i of the General Af- 
 fembly, pafed the Twenty Seventh Day of November, One Thoufand Se- 
 ven Hundred and Twenty Nine^ intituled^ An Ad:, for making and 
 emitting the Sum Forty Thoufand Pounds, Public Bills of Credit of 
 'North-Carolina. O B S, 
 
 C HAP. II. 
 
 ■ An ASf, for Repealing a Claufe in an ASi^ intituled^ An Ad, Telating to ^^p;.^ ^J' ,^^^; 
 Biennial and other AfTemblies, which impowers Freemen of the fe- chap. i. 
 veral Precinds to vote for Members of Affembly, and declaring what 
 Perfons fhall be qualified to vote for Members to fit in General Affem- 
 bly, and alfo Qualification of Members for the future. 
 
 C H A P. 
 
8o LA PFS of ISioR T,H - C A r o l i n a. 
 
 ji D. 1754- 
 
 CHAP. III. 
 
 Rtp. by Aft, An ABy for reviving an A5i^ intituled. An additional Adl to the A(^, 
 ch«p. tj. '^*'* foi* Tryal of fmall and mean Caufes. 
 
 CHAP. IV. 
 
 An AB, for laying a Duty on Liquors, for and towards defraying the 
 contingent Charges of the Government ; and to make a Foil-Tax on the 
 poorer Inhabitants more eafy. E X P; 
 
 C H A P. V. 
 
 An A5l, to afcertain the Allowance of His Majejly's Council, and the 
 Members of AJJembly of this Province, EXP. 
 
 CHAP. VI. 
 
 s« Aft faffed An additional A5i to the A5f, concerning Roads and Ferries, 
 
 1J1S, Chap. 3«. ' o 
 
 Pre»mWe. I. T T 7 H E R E A S by the aforefaid Aft, the feveral Precinft Courts in this Pro- 
 
 y Y vince, are invefted with Power and Authority to fettle Ferries, to lay- 
 out Roads, to appoint Surveyors thereof, and to dired: where Bridges are to be 
 made, in their feveral Precinfts; and likewife to order Fines and Penalties to be 
 levied on fuch Perfons as fhall refufe or negled to work thereon •, which Fines and 
 Penalties to be levied on fuch Perons fo rcfufing or negleding, being very fmall, 
 and the Method of levying or recovering of them fo tedious, that the Intention of 
 the aforefaid Adl is greatly defeated : For Prevention whereof for the future, and 
 the better to enable the faid Court, the feveral Members thereof, and the Perfons 
 that are by them appointed, to execute and perform their feveral Offices and Du- 
 ties ; 
 
 Court »f e«ch II. WE Pray that it may be Enafted, And be it EnaSted, by his Excellency Ga- 
 pdTFetj-kee™: ^riel Johnfton, Efqs Governor, by and with the Advice and Confent of his Majejifs 
 «s to live secu- CouHcH, and General AJfembly of this Province, That from and after the Ratification 
 IhJ.'r 'p^rnes ^f this Ad, the Court of each and every Precinft.within this Province, fhall have 
 well attended, full Powcr and Authority, and they are hereby authorized and impowered, to com- 
 pell all Perfons that now do, or hereafter Ihall be allowed and appointed to keep 
 any Public Ferries in any of their feveral and refpeftive Precinds, to give good and 
 fufficient Security, in the Sum of One Hundred Pounds, Current Money, pay- 
 able to his Majefty, his Heirs and Succeflbrs, with Condition, That he or they 
 fhall and will conftantly find, provide, and keep good fufficient Boats, or other 
 proper Crafts, in good Repair, always to be well attended, for Tranfportation of 
 Travellers, their Horfes, Cattle, Carts, or Carriages: And if any Perfon fhall 
 irnfponHolL. prefume, for Hire or Reward, to tranfport, carry, or convey any Travellers or 
 Sfc for F«e.' Penons, their Horfes, Cattle, Carts, or Carriages, over any River or Creek, 
 Tf a' FJr^yr'o" ^'^^^^" ^^"^ ^^^^^ o^' ^"7 ^^^^7 heretofore appointed, or that may and fhall hereaf- 
 ter be appointed and eftablifhed, as aforefaid, on the fame Rever or Creek where 
 
 fuch 
 
LAWS c/^ North-Carolina. 
 
 A. D. 1734- 
 
 fuch Ferry is appointed, the faid Perfon or Perlbns fo offending Ihall forfeit and 
 pay the Sum of Five Pounds tor every fuch Offence ; to be recovered, by a War- 
 rant from Two Juflices of the Peace, in the Precinct where the fmie Ihall be ^'"'''^ "* ^ ^" 
 committed-, one Half to the Party injured, and the other Half to him or them 
 that fhall fue for the fame : Any Thing in the aforefaid Ad; to the contrary, in 
 any-wife, notwithftanding. 
 
 IIT. AND he it further Enabled, hy the Authority aforefaid^ That any Surveyor surveyor rcfufin- 
 
 of the Roads for the future, that fhall refufe to ad when fo appointed, or fhall l°„to'd"b''ld 
 
 negled or refufe to do his Duty, after Notice given, as in anci by the aforefaid wcather, to for. 
 
 Ad is direded, unlefs hindered by extreme bad Weather, fuch Surveyor fhall S for'airDimI 
 
 forfeit and pay, for every fuch Offence, the Sum of Ten Pounds ; to be reco- ages. 
 vered by a Warrant from Two Juftices of the faid Precind where fuch Offence 
 ihall be committed, over and above the Damages which fhdl be fuftained by any 
 Perfon or Perfons that fhall or may be injured by fuch Negled : Which Dam- 
 ages fhall and may be recovered, by Adion, Bill, Plaint, or Information, in any 
 
 Court of Record in this Province : And the faid Surveyors having duly fum- Pern.ns refufing 
 mbned, or caufedto be fummoned, all the Male Tithables in his or their feveral «« z™"-'^ '^^ i^°^^» 
 
 . r- r-i\rL-j-n-j/ ■ r \ -r^ r- alter lummoned, 
 
 Diftrids, as in the aforefaid Act is direded, (excepting fuch Perfons as are therein to foifdt los. 
 and thereby exempted from working on the Roads,) upon their Negled or Re- Sigua? °'^'* 
 fufal to do and perform fuch their Service, and on being fummoned before the 
 next MagifLrate,^ (unlefs he can then fhew a reafonable Caufe for fuch his Neg- 
 led or Refufal, to be allowed of by the faid Magiftrate,) he or they fo offending 
 fhall forfeit and pay the Sum of Ten Shillings, for every Day's Negled or Re- 
 fufal, with Cofts •, to be recovered and levied by an Order from the faid Ma- 
 giftrate, inftead of the Fine of Five Shillings therein mentioned : Which faid 
 Fine of Ten Shillings fhall be applied as in and by the aforefaid A6t is direded. 
 
 IV. AN D be it further EnoMed^' by the Authority aforefaid^ That upon pro- Predna courts 
 per Application made to any of the Precind Courts in this Province, for clear- ^° ^^pp"'"": S"r. 
 ing of navigable Creeks in any of their feveral Precincts, it fhall and maybe RiverUcre'eks! 
 lawful for the faid Courts, and they are hereby authorifed and impowered, to ap- 
 point fuch Surveyors of the Roads as live mofl convenient and contiguous to fuch 
 
 Creeks, with their Companies, to do and perform the fame, at fome convenient 
 Seafon that fhall happen, within One Year after fuch Application ; and upon \f°^^ ^l^^^^ 
 Neglect or Refufal of fuch Surveyor or Company, or any of them, to do and C Negi^ar" 
 perform fuch Work and Service, after due Notice, upon due Proof thereof, he ^°l th^R^ads'"^ 
 or they fo refufing or negleding, Ihall be liable to the fame Fines and Forfeitures 
 as for Negled or Refufal of their Service on the Roads ; to be recovered and ap- 
 plied as is herein before expreffed : Any Law, Ufage, or Cuftom, to the con- 
 trary, in any-wife, notwithflanding. 
 
 V. ANT) he it further Enacted, by the Authority aforefaid. That from and Roads to be 
 after the Ratificatbn of this Act, every Surveyor of any Road within the County '^Z^ Z \T 
 of Albemarle, fhall forthwith caufe the Road whereof he is Suryeyor, or for any Feet Caufwayt. 
 Road hereafter to be laid out, to be cleared, Twenty Feet clear of all Trees j 
 
 and every Caufway or Bridge within his Diftrict, to be Ten Feet wide. 
 
 VI. AND be it further Enacted, by the Authority aforefaid. That nothing Aa'^cfcc^nlj 
 contained in this Act fhall affect or make void any Thing in an Act, paffed this R^^xi^ i" ^atb 
 prefent Seffion, Concerning Roads, ^c. for the County of Bath. i^°""'y- 
 
 CHAP. 
 
82 L A TV S of North-Carolina. 
 
 -<4. D. 1734. 
 
 Piivate. 
 
 CHAP. VII. 
 
 Ah Ac^y for laying cut, making, altering^ and keeping in Repair ^ the fe- 
 deral Roads and Highways within the fever al PrecinSts of the County 
 of Bath, and for building Bridges^ and cleanfing and keeping clean the 
 fever al Rivers and Creeks within the fame. REP. 
 
 CHAP. VIII. 
 
 An AB^ to Confirm^ a?id Efiablif) the PrecinBs of Onflow and Bladen, 
 afid for appointing them diJlinB Parijhes, 
 
 H E R E A S by an Ad, intituled, Jn A^^ for regulating Veftrics in 
 this Government^ and for the better infpe^ing Vefirymen and Church- 
 wardens Accompts of each and every Parijh in this Government^ it is Enadled, 
 That the Southern Part of this Province mall be erefted into a Precindl, by the 
 Name of New-Hanover Precindl, and bounded to the Northward by the liaul- 
 over, and Little Inlet^ and to the Southward by the Southernmoji Bounds of the 
 Province ; and a:s the Precind" of New-Hanover is now become very populous, 
 and the Extent thereof being found too incommodious to many of the Inhabi- 
 tants thereof, particularly thofe of New-River, and the upper Part of the North* 
 wefi River : 
 
 II. W E therefore pray that it may be Enaded, And be it EnaSfed, hy his Ex~ 
 f^//^«Q' Gabriel Johnfton, Efq;, Governor^ by and with the Advice and Confent of 
 His Majefiy's Council, and General Affembly of this Province, and it is hereby En'- 
 a£ied, by the Authority of the fame. That a Precjndt be ereded at New-River^ 
 by the Name of Onflow Precinfl •, and that the faid Precinct be bounded to the 
 Northward hy Whiteoak River, from the Mouth to the Head thereof 5 and to 
 the Southward, by a Creek that comes out of the Sound, and comes acrofs New-^ 
 River Road, called the Bay-Swamp, or Beafley^ Creek. 
 
 III. AND be it further Enabled, by the Authority aforefaid. That the upper 
 Part of the Northwefi River be ereded into a Precindt, by the Name of Bladen 
 Precinct ; and that the faid Precinct be bounded to the Southward as follows, 
 'viz. Beginning at the Mouth of Livingfton\ Creek, and bounded by the faid 
 Creek to the Head thereof ; and then, by a JVeJi Line, to the Bounds of the 
 Government ; and that the faid Precinct be bounded to the Northward by Black- 
 River, as follows, viz. Beginning at the Mouth of the faid River, and bounded 
 by the Main River up to the Fork, and that then the Wejiern^ Branch be the 
 Bounds to the Head thereof. 
 
 IV. AND be it further Enacthd, by the Authority aforefaid. That the faid Pre- 
 cinct of Onflow be a diftinct Parilh, by the Name of St. Johi's Parilh, and fhall 
 have all the Rights and Privileges that any other Parifh in this Government now 
 holds or enjoys. 
 
 VI. AND be it further Enacted, by the Authority aforefaid. That each of the 
 abovefaid Precincts are hereby inverted with the fame Powers and Privileges, as 
 any other of the Southern Precincts have and enjoy. 
 
 VII. AND 
 
LAWS ofNoRTH-CAROLINA. 83 
 
 A. D, "1734. 
 
 VII. A'N B be it further EnaSled, hy the Authority aforefaid^ That the Juftices 
 of the aforefaid Precincts fhall have full Power and Authority to appoint a Place 
 for a Church, Court-houfe, and Prifon \ and to Tax all taxable Perfons in the 
 faid Precincts, for raifing a Sum of Money fufficient to defray the Charges of the 
 above Public Buildings, purfuant to an Aft, intituled. An A^, for fettling Pre- 
 cin£l Courts and Court-houfes. 
 
 VIII. AND whereas there hath been feveral Courts held in the Precinct of 
 Onflow, by a Commifllon from the late Governor, George Burrington, Efq; there- 
 fore. Be it Ena£ied^ by the Authority aforefaid. That all Proceedings of that 
 Court, (faving the Right of Appeal) are hereby declared good and valid. 
 
 IX. AND be it further Enabled, by the Authority aforefaid. That the Precinfb 
 of Bladen is hereby erected into a Parifh, by the Name of St. Martin* % Parilh : 
 But whereas the faid Parilh is in Arrear of Parifli Money to the Veftry and Church- 
 wardens of St. James's Parilh, to which they formerly belonged •, therefore, // is 
 hereby Enabled, That the Arrear aforefaid fhall be paid to the Veftry or Church- 
 wardens of St. James's Parilh : And if any Perfon fhall neglect or refufe to pay 
 the fame, it fhall and may be lawful for the Veftry or Churchwardens to take fuch 
 Ways and Means to recover the fame as the Laws of this Province direct them 
 to- have, within the Parifli of which they are the Veftry and Churchwardens. 
 
 CHAP. IX. 
 
 An AB, for granting to His Majejly, the Sum of Fourteen Thoufand One 
 Hundred and Fifty Pounds 'Three Shillings and Two Pence, for the 
 Service of the Public of this Province, and for laying a Tax on the In- 
 _ habitant 'i of the fat7ie for the Paynie7it thereof-^ and for Stamping the 
 Sum of Ten Tboufand Pounds, Bills of Credit^ for the more immediate 
 Difcharge of Part thereof O B S. 
 
 S I G N E D by 
 
 Gabriel Johnston, Efq; Governor. 
 
 William Smith, Prelident, 
 
 William Downing, Speaker, 
 
 
 Anno 
 
LAWS o/'North-Carolina. 
 
 85 
 
 A. D. i7jS, 
 
 $^^;^^$$$^$s^$$$$$$$$$$$$$$$$$$$$^$$^$$$r^$$$$$'^;^$$$$$ 
 
 Anno Regni 
 
 GE O R GII IL 
 
 Regis, Magnde Britannia, Francice, 6c 
 Hiberni^, Duodecimo. 
 
 R I X C 
 
 STOW, 
 
 At a General ASSEMBLY, held at Neixiherrjy the Sixth ^„* »^' 
 Day of March, in the Year of our Lord One Thoufand ^f^s'^omnw: 
 Seven Hundred and Thirty Eight. 
 
 CHAP. 1. 
 
 An A£f, for providing His Majejly a Rent-Roll, for fecuring His Ma- fcp«ie<i ty J>.-s 
 jejifs Re?its, for the Remijfion of Arrears of ^it-Rents, andjor quiet- IrSnci?."'"' 
 ing the Inhabitants in their PoJeJJions ; and for the better Settlement of 
 His Majejifs Province of North-Carolina. 
 
 CHAP. II. 
 
 An Aa, to prevent the Concealment af Tithables in the fever al Counties Rep. by as 
 imthm this Province, for declaring what Perfons jhall be deemed Titha- it' ^' '74s' 
 ties, and Jor defraying the Jianding and contingent Charges of Govern-^ '^' *' 
 ment, and appointing Public Treafurers for this Province 3 and for grants 
 tng to His Majefty a Poll-Tax of Five Shillings per Head, to be levied 
 on the Tttbable Inhabitants of this Province. 
 
 CHAP. 
 
86 I/vf/^ .So/ North-Carolina. 
 
 A. D. 173S. 
 
 CHAP. III. 
 
 An A5f^ Jor appointing Sherifs in the Room ofMarjJoah of this Province^ 
 
 for prefcribing the Method of appoint i?ig thejn^ and for limiting the Time 
 
 of their Continuaiice in Office, and dire Sling their Duty therein y and for 
 
 ahoUfding the Office of Frovoff-Marflml oj this Province j and for alter- 
 
 i?ig the Nafues of the PrecinSls into Counties. 
 
 PreamWe. i^ "^T T H E R E A S the Office of Provoft-Marlhal hath been found to be very 
 
 Y Y inconvenient in this extended Province, the Deputy Marlhals not only 
 neglecting, but frequently rcfufing to do their Duty, to the great Delay of Juf- 
 tice, which hath occafioned great Murmurs and Difcontents among the Inhabitants 
 of this Province : For Remedy whereof, and to the End that Juftice may be more 
 effeftually adminiftred, and that Sherifs may be appointed in each and every 
 County within this Government •, 
 
 County Court II. WE Pray that it may be Enadted, And he it Ena5Iedy hy his Excellency Ga- 
 "^""LommenT' ^riel Johufton, Ef(i% Governor y hy and zvith the Advice and Confent of his Majefifs 
 Perfons to the ConncH^ and General Affemhly of this Province^ and hy the Authority of the fame^ 
 shTrlff °'' '° ''^ That the Court that fhall be held in each and every County next after the Rati- 
 fication of this Aft, and fuccefiively at the faid Courts every Two Years, fhall 
 be recommended to the Governor or Commander in Chief of this Province for 
 Repealed is to f^e Time being. Three fuch Perfons (being Jciflices in the fame County Court) 
 ^74l thi's. as they fhall think moft fit and able, to execute the Office of Sheriff for their re- 
 fpedive Counties, for the Two then next fucceeding Years •, of v/hich Three Per- 
 fons fo recommended, the faid Governor or Commander in Chief fhall according- 
 ly commifTionate fuch one as to him fhall feem meet for the faid Office of Sheriff 
 within fuch County, for the Two next enfuing Years after fuch Nomination \ 
 during which Time the faid Sheriff fhall not a6t as a Juflice of the Peace in that 
 County. 
 
 Thisciaufei^ III. AND he it further Enacted, hy the Authority aforefaid. That no Per fon 
 p^aied,^ 1745;^ fliall, at any Time hearafter, be capable to excecute or enjoy the Office of Sheriflf 
 for any County within this Province, unlefs fuch Perfon, at the Time of his en- 
 tering into and upon the faid Office of Sheriff, fhall be a Juflice of the Peace in 
 the fame County ; neither fhall it be lawful for any Perfon to excecute or enjoy the 
 faid Office for any longer than Two Years, next fucceeding each other. 
 
 Sheriff to gtvj \Y . AND he it further Enacted, by the Authority aforefaid. That when any 
 
 Sk '"^°'''' Perfon fhall have obtained aCommiffion for the Office of Sheriff of any County, 
 
 '"'"^* before he fhall be admitted to take the Oath of a Sheriff, or ffiall enter upon the 
 
 Execution of his faid Office, he fliall, at the Court of his County, enter into Bond, 
 
 to our Sovereign Lord the King, his Heirs and Succeffors, with Two good and 
 
 fufficient Securitis, in the Sum of at leaft Five Hundred Pounds Sterling, for 
 
 Bond to be taken his truc and faithful Performance of his Office: Which Bond the faid County 
 
 recotde?""' ^ Court is hereby im.powered and required to take, and caufe to be acknowledged 
 
 before them in open Court, and recorded in the Records of the County ; and 
 
 Ihall alfo, befides taking the Oaths appointed by Law for Public Officers, take 
 
 ^ the following Oath : 
 
 Sherifs Oath. T A. B. do fokimily fwear, "That I mil truly and faithfully execute the Office of 
 X Sheriff' of the County of C to the heft of my Skill and Ability, agreeable to Law ; 
 and that I will not take or receive any Bribe from any Perfon for returning any Ma» 
 to ferve as a Juror on any Jury, or for making falfe Returns of Writs, during the 
 Time I (hall continue in the faid Office. So help me God. 
 
 J J -^ V. AND 
 
81. tn the next 
 Sheriff. 
 
 L/f^»So/' North -Carolina. 87 
 
 A. D. 1738. 
 
 V. AND be it further EnaElcd^ by the Authority aforefaid^ That every Perfon [,^^f^^,~c,n 
 hereafter commiflioned to be a Sheriff, for any County within this Province, upon a toaa, to tortest 
 Recommendation of the County Court, in Purfuance of this Aft, and thereupon 
 refufino- to accept the Office of Sheriff, and to perform the Duty thereof, fliall 
 forfeit the Sum of Eight Pounds, Proclamation Money, payable to the next fuc- 
 ceedinc Sheriff; to be recovered as other Fines and Forfeitures in this A61 directed. 
 
 - VI. A N D be it further Ena5fed., by the Authority aforefald. That if any Coun- Cunty court 
 ty Court fhall hereafter neglect or refufe to recommend Three Perfons to be She- commenT, "goZ 
 riffs, according to the Directions of this Adl, it fhall and may be lawful, in fuch v'!-"^' "■•^y =p- 
 Cafes, for the Governor or Commander in Chief of this Province for the Time ^' 
 being, and he is hereby impowered, to appoint, by his Commiffion, any one 
 Perfon, nominated a Jutlice of the Peace for the faid County, as he fhall think 
 proper, tho' fuch Perfon be not then fworn a Juftice ; and if fuch Perfon fhall 
 hereafter refufe to accept the Sheriff's Office, and to perform the Duty thereof, 
 purfuant to his Commiffion, he ffiall forfeit the Sum of Eight Pounds Proclama- 
 tion Money ; to be paid as aforefaid. 
 
 VII. AND be it further Ena5fed, by the Authority aforefaid. That if any Per- ghenff dyin?, 
 fon, being one of the Three Perfons recommended by the Juftices of the County, Governor to'sp. 
 and appointed Sheriff in Purfuance of the faid A6t, fhall happen to die in the th!,"^ """com- " 
 Time of his Sherifalty, it fhall and may be lawful, in fuch Cafe, for the Gover- m-n^ied- 
 nor or Comm.ander in Chief of this Province for the Time being, and he is here- 
 by impowered, to appoint one of the Survivors recommended as aforefaid, to be 
 Sheriff in his Room : And when any Sheriff appointed upon a Negle6l or Refufal 
 of the County Court to recommend Three Perfons, according to the Diredlions of 
 tliis A(5t, fhall happen to die in the Time of his Sherifalty, it fhall be lawful for 
 the Governor or Commander in Chief for the Time being, and he is hereby im.- 
 powered, to appoint, by his Commiffion, any one Perfon nominated a Juflice 
 in the Commiffion of the Peace, altho' fuch new-appointed Perfon be not fworn 
 a Juftice : And whatfoever Perfon fo appointed Sheriff upon the Death of another, 
 fhall refufe to accept the Office of Sheriff, and perform the Duty thereof, pur- 
 fuant to his Commiffion, he ffiall forfeit the Sum of Eight Pounds Proclamation 
 Money \ to be recovered and paid as aforefaid. 
 
 VIII. PROVIDED always^ That no Member of his Majefly's Council, a Members of 
 Member of the Houfe of Affembly, or elefted as fuch tho' ading as a Juftice of ^^"^'jj' °^'^^[; 
 the Peace, fhall be obliged to execute the Office of Sheriff; any Thing contained be sheriff. 
 
 in this A(5t to the contrary, notwithftanding. 
 
 IX. A N D be it further Enacted, by the Authority aforefaid^ That all Fines and Fines not other- 
 Forfeitures mentioned in this A6t, not otherwife applied, fhall be to our Sovereign re to the King!" 
 Lord the King, his Heirs and Succeffors, for and towards the Support of this Go- 
 vernment, and the contingent Charges thereof; and ffiall and may be recovered, , , 
 with Cofts, by Aftion of Debt, Bill, Plaint, or Information, in any Court in this 
 Province, wherein no Effoign, Protection, or Wager of Law, ffiall be allowed 
 
 or admitted of 
 
 X. P RO FID E D always. That if any Perfon hereafter appointed to excecute Perfons making 
 the Office of Sheriff, in any County of this Province, ffiall be willing to execute the °i g^e?SeS 
 fame, but cannot get fufficient Security, for the Performance of his Duty therein, nty, not li^Wq 
 as by the faid Aft is required, ffiall make Oath, in the Court of the County for '° '^' ^'"'"^• 
 which he ffiall be appointed Sheriff, that he hath ufed his belt Endeavours, truly 
 
 and bona fide, without Covin or CoUufion, to get Security for the Performance 
 thereof, (which Oath the faid County Courts are hereby impowered and required 
 
 to 
 
88 LAWS 0/ North-Carolina. 
 
 ji. D. 1738. to adminifter,) that then fuch Ferfon making Oath as aforefaid, fhall not incur, 
 ^^ v~'— ' ^j. i^g jj^5i^ J.Q xht Forfeiture of the Sum of Eight Pounds Proclamation Money, 
 
 in this Ad: mentioned -, any Thing in this Adl to the contrary thereof* in any- 
 
 wife, notwithftanding. 
 
 shcr'fr to execute ^^' AND he It further Enact ed^ by the Authority aforefaid^- That every She- 
 aii Writ!, &c._ riff, by himfelf, or his lawful Deputy or Deputies, fhall execute all fuch Writs 
 and Precepts, from Time to Time, as fliali be to him directed, according to 
 the Demand thereof j and alfo, fhall make due Return thereof in Manner fol- 
 lowing •, that is to fay. All Writs and Precepts returnable in any County Court, 
 ^'mlde ''^^" '° ^^'^ ^^ executed, and Returns thereof made, at lead Five Days (excluding iS«»- 
 day) before the Day therein mentioned for the Return \ and all Writs and Pre- 
 cepts returnable in the General Court, fhall be executed according to the feveral 
 Ads of Aflcmbly of this Province, and Return thereof fhall be made the Firft 
 siicrifF tofotfeit Day of the fitting of the Court: And every Sheriff failing to make fufhcient 
 oViusDu^'^'"^^ Return of all or any of the Precepts to him direded, as aforefaid, and according 
 to the feveral Times herein before limited, fhall, for every fuch Offence, forfeit 
 and pay the Sum of Five Pounds Proclamation Money, unlefs the Sheriff fhew 
 fufhcient Caufe for fuch Negled ; one Moiety thereof to our Sovereign Lord the 
 King, his Heirs and Succeffors, for and towards the Support of the contingent 
 Charges of this Government, and the other Moiety to him or them that fhall 
 fue for the fame : To be recovered, by Adion of Debt, Bill, Plaint, or Infor- 
 mation, in any Court of Record within this Province, in which no Effoign, 
 Kr.h liable to an Protcdion, or Wager of Lav/, fhall be allowed ; and moreover, fuch Sheriff 
 Afiion ( f ihe fQ failing as aforefaid, fhall be liable to an Adion at Common Law, at the Suit 
 arty gricse , ^^ j.]^g Party injured, for any Damage which fhall be fuftained by fuch Failures 
 Sheriff making And if any Sheriff, by himfelf, Olhccr, or Deputy, having executed any Writ 
 forfti ^'*T'and or Prcccpt to him direded, fhall, by himfelf. Officer, or Deputy, make falfe 
 liable to an Ac- Retum thercof, every fuch Sheriff fo offending, fhall forfeit and pay the Sum of 
 Ten Pounds Proclamation Money, to be recovered and applied as aforefaid ; 
 and alfo, fhall be liable to an Adion at Common Law, at the Suit of the Party 
 grieved, for any Damage which fhall be fuftained by fuch falfe Return. 
 
 ,, „, . „ XII. ?R0 VID E D always. That it fhall not be lawful for any Sheriff, or 
 
 No Writ, Gfc. to , . ^^ T^ -^ ,,r -7-. 1 T n T^ 
 
 be executed on his Officcr or Dcputy, to execute any Writ or Precept upon the Lord s Day, 
 
 V'"c"iZ''^Q- tc"j fotniTionly called Sunday, or upon any Perfon excepted, or upon the feveral 
 
 Days prohibited by the Laws of this Province ; and the Execution of any Writ 
 
 or Precept contrary to the true Meaning hereof, is hereby declared to be null 
 
 and void : Any Thing herein contained to the contrary, notwithftanding. 
 
 Except fcrTr... XIII. PROVIDED mverthekfs. That it fhall and maybe lawful for the 
 Br"ach'iTpeac7 Sheriff, his Officer or Deputy, at any Time and Place whatfoever, to arreft and 
 apprehend any Perlbn for Treafon or Felony, or Sijfpicion of Felony, or being 
 acceffory thereto, or for any Riot or Breach of the Peace, or upon any Efcapc 
 out of Prifon j any Thing herein contained to the contrary thereof, notwith- 
 ftanding. 
 
 Sheriff to takt XIV. A N D he it further Enacted, hy the Authority aforefaid. That no She- 
 fa""cuftod^y"'^"io ^'^^^ or any of his Officers or Deputies, fhall take, or caufe to be taken or made, 
 tiiemfeives.' any Obligation, for any Caufe whatfoever, by Colour of their Office, but only 
 • to themfelves, of any Perfon, nor by any Perfon, which fhall be in their Ward, 
 
 by the Courfe of the Law, but by the Name of their Office, and upon Condition 
 written. That the Prifoner or Prifoners fhall appear at the Day contained in the 
 Writ, Precept, Bill, or Warrant, and in fuch Places as the aforefaid Writs, Pre- 
 cepts, Bills, or Warrants fhall require •, and any Sheriff or other Officer taking 
 an Obligation in any other Formj by Colour of their Offices, the fame ihall be 
 null and void. XV. PKO- 
 
 tion. 
 
L A ff'S of 'North-Carolina. 89 
 
 A. D. i7jR. 
 
 XV. PRO VID E D always^ That it fhall and may be lawful, to and for 
 any Sheriff or other Officer, to take fuch other Obligation of any Perfon or Per- 
 fons in their Ward, as is or fhall be particularly and exprefly direfted, by any 
 other A6t, upon any fpecial Cafe therein mentioned ; any Thing herein contained 
 to the contrary, notwithftanding. 
 
 XVI. AND be it further Ena^ed, by the Authority aforefaid^ That if any Pe,fon not to be 
 Writ or Precept, in any Civil Adion, fhall be direded to any Sheriff or other '^^^ "^Vii 
 Officer, to attach the Body of any Perfon which is not to be found within the ""'/• 
 County where fuch Sheriff or other Officer refides, in fuch Cafe, Return of the 
 
 fame Writ or Precept within the Time limited Ihall be made, according to the 
 
 Truth of the Cafe ; and if the Perfon againft whom fuch Writ or Precept if- 
 
 fued, fhall not appear, being thereto lawfully called, by Proclamation, in open J^p,^;, ^7lT 
 
 Court, at the Return thereof, an Attachment fhall be awarded ao-ainfl his Eftate, ""=^<i ''" Court. 
 
 returnable to the next Court, at which Time, if the Defendant fhall fail to ap- 'rn%1m!e*'agamft 
 
 pear, the Eftate fo attached, or fo much thereof as fhall bq fufficient to pay what hisEihte. 
 
 Ihall appear to be due to the Plaintiff, with Cofls of Suit, fhall be fubjed to fuch 
 
 Rules and Regulations as by the Laws of this Province are made and provided j 
 
 but if at the Return of the Attachment as aforefaid, the Defendant fhall appear, 
 
 and give Special Bail, then the Attachment fhall ceafe and become void, and the [L'^L'tachment 
 
 Tryal fhall proceed as in other like Cafes, and as if the Defendant had appeared '<^ ^^ ^°'^- 
 
 at the Return of the firfl Writ or Precept. 
 
 XVII. P ROV ID ED ahvays. That no Sheriff or other Officer, fhall make sherif not to re- 
 Return upon any Writ or Precept, againft whom the fame iffued is not to be TZ"'" fi ll' 
 found, until he ffiall aftually have been at the Dwelling-houfe or Place of Refi- ^^' ''-^" " 'h= 
 dence of fuch Perfon, and not finding him, fhall have there left an atteftedCopy S"^ ' *^'"'^'' 
 of the fame Writ or Precept. 
 
 XVIII. PROVIDED alfo. That if any Writ or Precept fhall be delivered Wnt aeainft a„ 
 to any Sherif or other Officer, to attach the Body of any Perfon being a known JJue'""'"^ *' 
 Inhabitant of another County, and not of the County where the faid°Sherif re- to' b7 reamed' 
 fides, in fuch Cafe the Sherif or Officer fhall make Return according to the Truth 2,Va"^ffue 
 of the Cafe, and not that the Perfon is not to be found in his County ; and there- to'theShLf of 
 upon 2.x\ Alias fhall iffue, direded to the Sherif where fuch Defendant may refidej ^"^^^'^""'y- ■ 
 and that no Variance of the Addition of the Place of Abode fhall be deemed 
 
 Error. 
 
 XIX. AND be it further EnoMed, by the Authority aforefaid. That from and sherif may tak^ 
 after the Ratification of this Ad, it fhall and may be lawful for the Sherifs of the lawful Fees, 
 feveral Counties of this Province, to take and receive to themfelves, the feveral 
 
 Fees appointed by the Laws of this Province ; and liable to the Penalties for tak- 
 ing extravagant or more Fees than are by Law eftablifhed. 
 
 XX. AND be it further Enacthd, by the Authority aforefaid^ That the Sherif Sherifs to attend 
 or Deputy of each County fhall, by Turns, attend the General Court, according ^y^Turn?"!''- 
 to a Rule to be eftabhflied by the faid Court j and fhall and are hereby impow- "'^ing to Rules. 
 ered, in Cafe of Default or non-Appearance of Jurors on any principal Pannel, „ 
 tofummons any By-ftanders, that are Freeholders and qualified to ferve as Ju- Ca?e'*oS" d, ?o 
 rors, tho' fuch Freeholder or Freeholders may refide in any other County than ^^ f^'^'^^'^'^- 
 where the General Court is held j and that every Sherif, or his Deputy, fhall sherifs to attend 
 conitantly attend at the Court of the County for which he is Sherif. *^""°^^ ^°"'"' 
 
 XXI. AND whereas fundry Suits have been, and are now depending in the 
 General Court, or the Courts heretofore called Precind Courts of this Province, 
 
 Z the . 
 
 < 
 
^o L A IV S o/'North-Carolina. 
 
 ^. D. 173S. the Procefs whereof have been executed by the Provoil -Marflial, or his Deputies ; 
 
 ^jJ^^^^TIiuTri? ^^ ^'^ Ena£fed, by the Authority aforefaid. That in all fuch Cafes, the Provoft- 
 
 begun, M.^rrt-.ai Marflial in whofe Time fuch Procefs was executed, fhall be as liable and fubjeft 
 
 to be liable. ^^ ^^^j^ Payments and Orders of the General Court, or the Courts heretofore 
 
 called Precind Courts, as he might or ought to have been if this A6t had never 
 
 been made ; and fhall be intituled to the fame Fees as by Law are appointed in 
 
 fuch Cafe : Any Thing herein contained to the contrary, notwitliftanding. 
 
 Office of Provcft- XXII. A N B be it further EnaSled^ by the Authority aforefaid. That from 
 Marfhai abo- and after the Twenty Fifth Day of March, in the Year of our Lord One Thou- 
 ^''^"'^- fand Seven Hundred and Thirty Nine, the Office of Provoft-Marlhal in this Pro- 
 
 vince fhall be abolifhed, and totally ceafe and determine, as if fuch Office had 
 piednfts altered Hcver been : And that from and after the Ratification of this Aft, the feveral 
 to Counties. Precinfts within this Province lliall be called Counties. 
 
 XXIII. AND whereas the Office of Provoft-Marflial, by this Aft abolilhed, 
 is veiled in Robert Halton, Efq; who being willing, for the Public Good, to give 
 up the faid Office, and the AfTembly taking the fame into Confideration, have 
 agreed to give the faid Robert Halton, Efq; the Sum of Two Thoufand Pounds, 
 Current Bills of Credit of this Province : 
 
 ^oUrt Haitm XXIV. B E it Enabled, by the Authority of the fame. That the faid Robert 
 Efq; to be paM IJalton, Efqj have the faid Sum of Two Thoufand Pounds paid him out of the 
 LT"P Provoft- Public Money of this Province •, One Thoufand Pounds thereof to be paid at 
 Marflial. paffing of this Aft, and the other Thoufand Pounds to be paid within Threa 
 
 Years next after, if this Aft be not, within that Time, Repealed, or upon No- 
 tice of the Royal AfTent being given to this Aft ; to be placed in the Eftimate of 
 the Public Accounts of this Province, before the breaking up of this Seffion ; 
 and for which, after the Expiration of the faid Three Years, or Notification of 
 the Royal Affent to this Aft, which fhall firft happen, it fhall and may be law- 
 ful for the Governor or Commander in Chief for the Time being, to ifTue his 
 Warrant for the fame. 
 
 Time of Pay 
 tnent. 
 
 CHAP. IV. 
 
 ^A^n ? v^% ^^ ^^•> fi^ facilitating the Navigation of the feveral Ports of this Pro- 
 cha'i. 10. '^"^ ' vijtce, and for Buoying and Beaconing the Channels leading from Oca- 
 cock Inlet, to Edenton, Bath-Town, and Nev^bern, and from Top- 
 fail Inlet, to Beaufort ionion, and other Ports and Inlets ^within the faid 
 Province herein mentiojied; and for providing fiifficient Pilots for the 
 fafe ConduSi of Veffels. 
 
 CHAP. V. 
 
 jfepe^kd by his An A5t, declaring what jhall be deemed a fufficient Cultivation of Lands 
 StSnci?'"' already granted, or hereafter to be granted^ by His Majejly j atid for^ 
 afcertaining the Manner of granting lapfed Lands. 
 
 CHAP. 
 
LAWS o/'North-Carolina. 91 
 
 A. D. 1733. 
 
 CHAP. VI. ' — "" ' 
 
 An ASl, for appointing Circuit Courts^ and for enlarging the Power of kc^. by Aft, 
 
 tbe County Courts, ^^-^ \ ''^^' 
 
 CHAP. VII. 
 
 An ABy to appropriate Iwo "fhoufand Pounds^ Current Bill Money, to 
 ereSi a fiifficient Goaly a?id OJice or Place for the fafe keeping the Re- 
 cords of the General Courts and for repairi?ig the Court-houfe at Eden- 
 ton J and jor other Purpofes therein mentiofied. O B S. 
 
 CHAP. VIII. . 
 
 An A^, for the Encouragemejit and better Regulation of the Town of R«p- •'y Aft, 
 
 Edenton. ^ t^:tir''" 
 
 CHAP. IX. 
 
 An A^y for dejlroying Vermin within this Province. EXP. 
 
 • C H A P. X. 
 
 An ASfy to prevent killing Degj^ ^at unfeafonable Times, 
 
 ^' "R ^ ^^ Enabled, by his Excellency Gabriel Johnfton, Efq\ Governor^ hy and n., Deer to br. 
 X> 'wilh the Advice and Confent of his Majeftfs Council, and General Aff em- *''"'='^ ^'''•''" 
 lly of this Province, and it is hereby EnaEied, by the Authority of the fame. That it >/y ,5^-on p"- 
 fhall not be lawful! to loU or deftroy any Deer, running wild in the Woods, or ""'^^ "^' s^- 
 unfenced Ground, in I'^x Government, by Gun, or any other Ways or Means 
 whatfoever, between the Fifteenth Day of February, in e^ch Year, and the Fif- 
 teenth Day of July fucceeding, after the Ratification of this Aft: And if any Per- 
 fon, not being a Servant or Slave, fhall kill any Deer contrary to this Ad, and 
 be thereof lawfully convided, the faid Perfon, for every Deer fo killed or deftroy- 
 ed, fhall forfeit and p^ay the Sum of Five Founds, current Money, 
 
 II. AND be it further Enabled, by the Authority aforefai^. That if any Servant semnt or si. v. 
 or Slave, by Order or Command of his or herMafler, Miftrefs, or Overfeer, fhall '^'"^"e Deer i,y 
 kill or deftroy any Deer, contrary to this Aft, the Mafter, Miflrefs, or Overfeer "^[IjSITx.. 
 giving fuch Order or Command, and being thereof lawfully convifted, for every ^^'" '" '^^ P" 
 Deer fo killed or deftroyed, as aforefaid, fhall forfeit and pay the aforefaid Penal- "''''^' 
 ty of Five Pounds, as if the faid Mafter, Miftrefs, or Overfeer had aftuallv com- 
 mitted the Oflence. 
 
 III. ANjy 
 
92 
 
 LA W S of North-Carolina. 
 
 Servant or SI ive I^^" ^^D Ic it further EnaElcd^ by the Authority aforefaid. That if any Ser- 
 kiiiing Deer,' to yant Or Slavc, of his own accord, without any Order or Command from his or 
 
 i,nfefs^the^''''"e her Maftcr, Miftrefs, or Overfeer, Ihall kill, deftroy, or buy any Deer, contrary 
 Sccu.'ity for the to this Aft, and be thereof convided, by the Oath of one credible Witnefs, before 
 ^'"'' a Juftice of the Peace of the County wherein the Offence is committed, for every 
 
 Deer fo killed or deftroyed as aforefaid, the faid Servant or Slave fhall have and 
 receive, on his or her bare Back, Thirty Lafhes, well laid on, to be inflifted by 
 Order of the faid Juftice before whom the faid Conviftion fhall be, unlefs fome 
 fufficient Perfon will become bound to pay, for the faid Servant or Slave, the Sum 
 of Five Pounds current Money, within Six Months, in Lieu of the faid Punifh- 
 ment aforelaid, to the Churchwardens of the Parifh where the Offence is com- 
 mitted, for the Ufes direfted by this Ad. 
 
 IV. AND he it further Enabled, by ^e Authority aforefaid., That one Moiety 
 
 Kaei *Fjvfpria- ^^. ^^^ forfeitures of this A6t, Ihall be to the Churchwardens of the Parifh where 
 
 fuch Offence is committed, for the Ufc of the Parifli, and the other Moiety to the 
 
 Informer i to be recovered, with Cofts, by a Warrant from any Juftice of the 
 
 Peace within this Government; faving unto all free People, the Right of Ap- 
 
 R:ght of Appeal ^^j jq jj^g County Court where the Offence is committed: Which faid Court is 
 
 iiiowed. finally to determine the fame ; wherein no EfToin, Protection, or Wager of Law, 
 
 fhall be allowed or admitted of. 
 
 C H A P. XL 
 
 An A6iy for appointing a Town on the Vlantatlon where William Web- 
 fler 710W dwelleth^ in Hyde County^ on the Weil ^ide of Matcha- 
 pungo River. 
 
 frivate. " I T T 7" E pray that it may be Enafted, And be it EnaSted^ by his Excellency 
 \/y Gabriel Johnfton, Efq^'^ Governor^ by and with the Advice and Confent of 
 his Majefly's Council, and General Affemhly of this Province, and by the Authority of 
 the fame. That all the Land from a^reek next to miliam Denmark's, running to 
 another Creek next to Richard Lenimont's, on a direft Line on the River Side, 
 running from the high Land on each Creek, One Hundred Yards back, on a di- 
 reft Line, is hereby declared to be a Townfhip, by the Name of JVoodfiock, with 
 all Priviledges and Immunities hereafter mentioned and expreffed, for ever; and 
 that the Property of the faid Plantation or Townfhip, be.oflnd it is hereby hence- 
 forward invefted in Samuel Sinclair, Gentleman, Mr. William Harris, and Mr. 
 John Smith, or any Two of them, who are hereby impowered to lay out the faid 
 Land into Lots, of Half an Acre each, with convenient Streets, not lefs than 
 Sixty Feet wide. 
 
 II. A N D be it further Enabled, That Mr. John Smith, be, and is hereby ap- 
 pointed Treafurerand Receiver of all fuch Sum and Sums of Money, which fhall 
 arife on the Sale of the faid Lots, for the Ufe hereafter mentioned ; and on the 
 Death, or Departure out of the Government, or Refufal of the faid Treafurer to 
 a£t, then the next fucceeding Commiffioner or Truftee fhall officiate in his Stead 
 and Place, and fhall give Security to the Juftices of the Court, that he will be ac- 
 countable for the Money he fhall receive by Virtue of this Aft. 
 
 III. AND be it further Ena^ed, That every Perfon whatfoever, who is willing 
 to be an Inhabitant of the faid Town, fhall have Liberty to take up any Lot or Lots 
 fo'laid out as aforefaid, and not before taken upj which Lot or Lots the faid 
 
 Com- 
 
LAWS of N O R T H - C A p. O L I N A. 
 
 93 
 
 Commiffioners, or any Two of them, are hereby direded and impowered to Grant, ^' ^• 
 Convey, and Acknowledge, to the Perfon or Perfons fo taking up the fame, and ' 
 to his or their Heirs and Affigns, for ever, in Fee-Simple, upon the Payment of 
 Forty Shillings, current Money, and the laid Confideration Money Ihall be paid 
 unto William F/ebJier, the Proprietor of the laid Land, his Heirs and Affigns. 
 
 IV. PRO FID E D always. That if any Perfon whatfoever Ihall take up, 
 and have conveyed to him, any Lot or Lots as aforefaid, and Ihall not build, or 
 caufe to be built thereon, within Two Years after the Date of the faid Convey- 
 ance, a good, fubftantial, habitable Houfe, not of lefs Dimenfions than Twenty 
 Feet in Length and Fifteen Feet wide, befides Sheds or Leantoes, or make Pre- 
 paration for fo doing, as the Court of the laid County, by View of any Two or 
 more of them, Ihall judge reafonable to fecure the fame, every fuch Conveyance 
 ihall be, and is hereby declared void and of none EfFe6l, as if the fame had ne- 
 ver been made ; and that the faid Lot or Lots fhall be free and clear for any other 
 Perfon to take up and purchafe, on the Conditions aforefaid. 
 
 V. PROVIDED alfo. That all Monies arifing by the Second or other Sale 
 of the faid Lots, fhall be, and is hereby appropriated and applied, for the build- 
 ing of a Church ; and what fhall be more than will build the faid Church, Ihall 
 be applied to fuch other Ufes as the faid Commiffioners, or the major Part of 
 them, Ihall think fit, for the Encouragement of the faid Town. 
 
 VI. AND be it further EnaSled, by the Authority aforefaid. That the Com- 
 miffioners, or any Two of them, fhall have Power and Authority, and they are 
 hereby required and impowered, to remove all Nufances within the Limits of the 
 faid Town •, and that no Perfon, Inhabitant of the faid Town, or holding Lots 
 there, Ihall enclofe the fame, or keep the fame enclofed, under a common Stake 
 Fence, but every Lot therein Ihall be paled in, or done with Polls and Rails 
 fet up. 
 
 VII. A N D for the further Encouragement of the faid Town, Be it Enacted, 
 by the Authority aforefaid. That all Mufters for the faid County, Eled:ion of Bur- 
 gelTes, and all Bufmefs and Affairs of the like Nature, which belong to the faid 
 County, fhall be taken, done, and tranfaded within the faid Town, arid at no 
 other Place or Places whatfoever. 
 
 VIII. AND be it further Enacted, by the Authority aforefaid. That all Per- 
 fons, PofTefibrs or Owners of Lots in the' faid Town, fhall, and they are hereby 
 obliged, witliin Two Years next after the Ratification of this A6t, to clear all 
 fuch Lots by them held and pofTefTed, from all Manner of V^ood, Under-wood, 
 BruHi, and Grubs, that are or may be ofFenfive to the faid Inhabitants, and fhall 
 fo keep and maintain the fame, from Time to Time, and at all Times hereafters 
 under the Penalty of Ten Sliillings per Month ; to be recovered by a Warrant 
 from one Juflice of the Peace ; one Half to the Informer, and the other Half to 
 the Commiffioners, for the Ufe of the faid Town. 
 
 IX. AND he it further EnaSled, by the Authority aforefaid. That in Cafe of 
 the Death, or Departure out of the Government, of any of the faid Commif- 
 fioners, at any Time hereafter, the remaining Com.miffioners, together with the 
 Juftices of the County Court, are hereby authorifed and impowered, to make 
 Choice ot fome other Perfon or Perfons to fucceed fuch Commiffioner or Com- 
 miffioners fo dying or departing as aforefaid •, which Perfort or Perfons fo eleded 
 and chofen, fhall be^, and they are hereby invefted with as much Power and Au- 
 thority, to all Intents and Purpofes whatfoever, as the prefent Commiffioners 
 herein appointed are invefted with, by Virtue of this Ad. 
 
 A a - ^ X. AND 
 
 •^r- 
 
94, 
 
 LA JV S of North-Carolina. 
 
 A. D. 1738. 
 
 X. A N D be it further Enacted, by the Authority af or efatd. That the Commif- 
 fioners are hereby impowered to make Choice of one Acre of Ground in the 
 faid Town, where ever they fhall think fit and moft convenient, for a Church 
 and Church YarJ. 
 
 S I G N E D by 
 Gabriel Johnston, Efqj Governor.' 
 William Smithy Prefident.' 
 William Downing, Speaker.' 
 
 
 Anno 
 
L yi ff^ S of N orth-Carol iu A, gs 
 
 A. D. 1738. 
 
 
 
 Anno Regni 
 
 G E O R G 1 1 IL 
 
 Regis, Magn^e Britannia, Francice, &C 
 Hiberniie, Duodecimo, 
 
 E R I K r 
 K S T O If. 
 
 At a General ASSEMBLY, held at Newbernj the Eiehth g a , 
 Day of Marchy m the Year or our Lord One Thoufand ^'^s Go«n.or. 
 Seven Hundred and Thirty Eight. 
 
 CHAP. I. 
 
 An A5i, to fupply the DefeB of an AB, pajfed lafl SeJJion of AJfembly, 
 intituled, An A6l, jor appointing Sherifs in the Room of MarJJmh of 
 this Province^ for prefcribing the Method of appointing them^ and for 
 limiting the Time of their Continuance in Office^ and directing their Duty 
 therein J and for abolijhing the Office of Provoji-Marfial oj this Province -, 
 and for altering the Names of the PrecijiSls into Counties. 
 
 I- "1 Tl r H E R E A S by the aforefaid A<5t of Aflembly, it was, among other pfja^we 
 
 VV Things, Enadted, That the Court of every County in this Government, 
 at the firft Court that Ihall be held in each County next after the Ratification of 
 this Aft, Ihall recommend to the Governor of this Province, Three fuch Juftices 
 of the fame County Court as they fhall think moft fit and able, to execute the Of- 
 fice of Sheriff, for their refpeftive Counties, for the Two next fucceeding Years ; 
 of which Three Perfons fo recommended, the Governor fhall commiflionate fuch 
 one of them as to him Ihall feem meet, to execute the faid Office : And where- 
 as it was therein further Enafted, That from and after the Twenty Fifth Day 
 oiMarchy in the Year of our Lord One Thoufand Seven Hundred and Thirty 
 Nine, the Office of Provoft-Marfhal of this Province, be abolifhed and ceafe : And 
 vvhereas the Office of Provoft-Marfhal will ceafe a confiderable Time before She- 
 rifs can poffibly be appointed, according to the Direftions of the aforefaid Aft, in 
 which Interval of Time no Perfon or Perfons are, by the faid Aft, authorifed to 
 execute the Office of Sherifs of the refpeftive Counties of this Colony, or any of 
 them, whereby a great Failure of Juftice muft enfue, unlefs remedied : For Reme- 
 dy whereof, "" II. W E 
 
g6 LAWS o/' North-Carolina. 
 
 ^. D. 1738. 
 
 ^^^^Z^^^^y II. WE Pray that it may be Enafted, And be it Enabled, by his Excellency Ga- 
 appoint sheriis bricl Johiifton, Efq^-, Governor^ by and with the Advice and Confent of his Majefty's 
 ounty. £g^jj^ji^ ^^^^ General Aj[enif>ly of this Provincey and it is hereby Enacted^ by the 
 Authority of the fame^ That the Governor or Commander in Chief of this Colony, 
 fhali and may conftitute and appoint Sherifs, for each and every County within 
 this Government, to execute their feveral Offices, from and after the aforefaid 
 Twenty Fifth Day of March^ in the Year of our Lord One Thoufand Seven 
 Hundred and Thirty Nine, for and during the Term of Two Years, thence next 
 cnfuing -, and in Cafe of the Death or Removal out of this Province of any of 
 them, to commiffionate others in their Room, to execute the faid Office, for and 
 during the Time then in fuch Cafe unexpired of the faid Two Years : And fuch 
 Sherifs fo conftituted by the Governor, are hereby authorifed to execute their fe- 
 veral Offices, in as full and ample Manner, to all Intents and Purpofes, as if they 
 were appointed according to the Directions of the aforefaid A6t. 
 
 Sherifs to give HI. P ROVID ED always^ That every Sheriff fo appointed, ihall give 
 ^''"'*' Bond, with fufficient Securities, in the Sum, and in the Manner by the aforefaid 
 
 Aft directed, for the faithful Difcharge of his faid Office j and ihall likewife take 
 
 the Oath of Office therein direfted. 
 
 theTr^office'di* "^^* ^ N D be it furtheT Enact ed^ by the Authority aforefaid. That each of the 
 fupeVfeded^ and Shcrifs which ffiall be appointed by the Governor by Virtue of this Aft, fhall 
 Fee'^/aT the PrT ^"^ ^^^ cxccutc his Officc Until he be fuperfeded, according to the Direftions of 
 voft-Mai/hai, the Aft of Affembly herein before recited ; and likewife, that the feveral Sherifs 
 of this Government Ihall and may take and receive the feveral Fees by Law ap- 
 pointed for the Provoft-Marlhal, and Ihall likewife oe intituled to have and re- 
 LcSeMceT^"'^" ^^^^^ ^^s Sum. of Eight Pounds Proclamation Money, for all Public Services ; 
 and likewife, the feveral Sums by Law appointed to Sherifs, for coUefting Pub- 
 lic Taxes. 
 
 Perfons refufing V. AN D be it further EnaEled^ by the Authority aforefaid. That if any Perfbn 
 gV^o The^eext '^^^'^^ ^^^^ ^^ appointed by the Governor, by Virtue of this Aft, fhall refufe to 
 Sheriff. accept the faid Office, each Perfon fo refufing, (except fuch Perfons as by the a- 
 
 forefaid Aft is excepted,) fhall forfeit and pay, to the next Perfon who fhalj ex- 
 ecute the faid Office, the Sum of Eight Pounds Proclamation Money ; to be 
 recovered and applied in the fame Manner as in the before-recited Aft is direfted, 
 in Cafe of the Refufal of a Sheriff fo appointed by Virtue thereof. 
 
 Sherifs Tiabie to VI. A N D be it further Enacted, by the Authority aforefaid. That the feveral 
 
 Penalties. Shcrifs which fliall be appointed by the Governor, by Virtue of this Aft, fhall 
 
 be liable to all the Penalties in the aforefaid Aft mentioned and impofed, for. any 
 
 Mifdemeaners which they may commit in the Execution of their Office ; to he 
 
 recovered and applied as the Forfeitures in the faid Aft are direfted. 
 
 f^'^fhlrffs^'w ^^^' A N B be it further Enacted, by the Authority aforefaid. That from and 
 
 fee appointed ac aftcr the ExplratioH of the faid Two Years next enfuing the Twenty Fifth Day of 
 
 cording to Aft. March, in the Year of our Lord One Thoufand Seven Hundred and Thirty Nine, 
 
 all Sherifs of this Government fhall, for ever after, be appointed according to the 
 
 Direftions of the Aft of Affembly herein before recited, and not otherwife. 
 
 S I G N E D by 
 Gabriel Johnston, Efq; Govcrner; 
 , William Smith, Prefident. 
 
 William Downing, Speaker* 
 
L A W S of North-Carolina. 
 
 97 
 
 yi. D. 1759. 
 
 J&**t*c)t-,c!hct;tt:,ct:.*j**,tt:.c^^^^^ 
 
 smI 
 
 O 
 
 
 Anno Regni 
 
 G E O R G 1 1 IL 
 
 Regis, Magnce Brkanniae, Franciie, &c 
 Hiberniie, Decimo Tertio. 
 
 At a General ASSEMBLY, held at Newherri, the Twen- gaebiec 
 ty Fifth Day of Februaryy in the Year of our Lord One e%"go7to 
 Thoufand Seven Hundred and Thirty Nine. 
 
 CHAP. I. 
 
 An Acf, appointing a Treafurer for the fever al Counties herein mentioned^ 
 in the Room of William Downing, Efq-, deceafed. O B S. 
 
 CHAP. II. 
 
 An ^5f, to afcertain the Allowance of his Majeftfs Council^ and the Mem- 
 bers of AJJembly^ of this Province, and for Payment of all Claims j and 
 to prevent kttijig out any more of the Loan Money on Inter ef. EXP, 
 
 CHAP. III. 
 
 An A£i^ prefcribing the Manner of Proving Book Debts. 
 
 ^- '\KT HERE AS tiie Trade and Merchandize in this Province, is chiefly Preamble, 
 
 VV carried on by Retail, and Goods, Wares, and Merchandizes are 
 generally delivered to thofe that buy them by the Retailer himfelf, and it very fre- 
 quently happensi that no Body is privy thereto but the Buyer and Seller, fo thae 
 m many Cafes, there may be a Defed of legal Evidence to charge fuch Buyer, 
 snd by that Means the fair Trader may be hindred from recovering a juft Debt : And 
 
 B b for- 
 
^8 LAWS c/' North-Carolina. 
 
 » 
 y?. D. 1739. forafmuch as no Law now in Force doth determine what fljall be lawful Evi- 
 ^-' V"-«-^ dence in fuch Cafes, and many Difputes and Difficulties in the feveral Courts of 
 ' this Province do frequently arife thereupon, and different Notions and Opinions 
 prevail, and altho' allowing the Plantiff, in all Cafes, to prove his Debt by his 
 own Oath, may have been attended with great Inconveniences, and occafioned 
 frequent Perjuries, yet, on the other Hand, it may be necefiary, for the Sup- 
 port of Trade, in fuch a Courfe of Dealing, to allow the Plaintff's Book, proved 
 by his own Oath, to be given in Evidence : 
 
 Manner of pr»v. II. BE it therefore Enucted^ hy bis Excellency Gdbud }oh.n?(.on, E^qy Cover-, 
 iiig Book Debts, j^g^^ i^y ^^^ ^iijj thg Advice and Confent of his Majeftfs Council, and General 
 AJfembly of this Province, and it is hereby Enacted, by the Authority of the fame^ 
 That wherever any Perfon or Perfons hereafter lliall bring any Adion of Debt, or 
 vipon the Cafe, and therein fhall declare, upon an Emijfet, or Indebitatis, Af' 
 fumpfit, or ^.antum Valebant, or ^antum Meriut, for Goods Wares, or Mer-' 
 chandizes, by him fold and delivered, to any Perfon or Pefons, or for Work or La- 
 bour done and performed, and upon the Tryal of fuch Aftion, fliall declare, 
 upon his Corporal Oatii, or folemn Affirmation, as the Cafe may be, that the 
 Matter in Difpute is a Book Account, and that he hath no Means to prove the 
 Delivery of the Articles therein contained, or any of them, but by his Book j in 
 that Cafe, fuch Book, provided it contain the fir(l Entry, Iliall and may be givea 
 in Evidence upon the Tryal, if he fhall make out, by his own Oath, that fuch 
 Book or Books doth contain a true Account of all the Dealings between him and 
 the Defendant from the Beginning, or the laft Settlement of Accounts between 
 them, and that all the Articles therein charged were, bona fide, delivered, and that 
 ' he hath given all juft Credits, due to the Defendant, in fuch Account ; and fuch Book 
 
 or Books, and Oath, fhall be admitted and received as good Evidence for any of 
 the Articles, for Goods dilivered within Eighteen Months before the fame Adi- 
 on Wought, but not for any Article of a longer Standing : And where the Perfon 
 who delivered fuch Goods, Wares, or Merchandizes, fhall die, his Executors, or 
 Adminiflrators, may give his Book or Books in Evidence, upon his or their mak- 
 ino-Oath, that there are no WitnefTes, to his or their Knowledge, capable of prov- 
 ing the Delivery of the Goods or Merchandizes therein mentioned, and that he 
 or they found the Book or Books fo ftated, and do not know of any Credit to be 
 given -, and fuch Book and Oath fhall be admitted and received as Evi4.ence for 
 any of the Articles for Goods delivered within the Time aforefaid. 
 
 Defendant may HI. P RO V I B E B neverthekfs. That the Defendant fhall be at Liberty to 
 Evldlc?.""''^'" contefl the Plaintiff's Evidence, and to oppofe the fame by legal Evidence; and 
 Teftatot's Book where the Defendant fhall be an Executor or Adminiftrator, his Teftator or In- 
 a^^muted as Ev.- ^.gft^jg.g g^^j^ fl^^ll and may be given in Evidence againft the Plaintiffs Book, 
 where the Plaintiff is Executor or Adminiftrator. 
 
 No Book of Ap. IV. P ROV IB EB alfo, and be it further Enabled, That no Book of Ac- 
 S fcr'Tbot; counts, altho' the fame may be proved by any Witnefs or Witneffes, fhall hereafter 
 5 Years before bc admitted or rccelvcd in Evidence in any Adion, for any Money due for Goods, 
 Aftion. Wares, or Merchandizes, hereafter to be delivered, or for Work hereafter to be 
 
 Pafons beyond done, abovc Five Years before the fame Aftion brought ; except in Cafes of Per- 
 Seas excepted, fo^s rcfiding in Great-Britain, Or in other Parts beyond the Seas, or out of the 
 Government, or where the Accounts fhall be fettled and figned by the Parties. 
 
 y. PROFTBEB neverthekfs, and he it further Enabled, That for the Reco- 
 
 Jente fo^Debu vcry of any Debt now due, for Goods, Wares, and Merchandizes, heretofore de- 
 
 f"=l^ for within livered, the Plaintiff, within Eighteen Months from the Faffing of this Aft, fhall 
 
 ' °"' '* be allowed to give his Book in Evidence, being proved by his own Oath, in the 
 
 Manner before directed j aod in Cafe of Executors or Adminiflrators, the like E- 
 
 videncc 
 
L A JV S of N oRT h-Car o l i n a. 99 
 
 vidence fhali be admitted and received, as is before direded for the Recovery of ^- ^' '739,- 
 any Debt hereafter to be coiitraded. *^ v — -^_ 
 
 VI. PRO VID E D alfc. That no fuch Evidence as is herein before menti- No Evidence be- 
 oned, fliaH be admitted, recived, or taken, in any of his Majeftys Courts of Re- b'"''iw'°"f'^he 
 cord in this Province, as a fufficient kgal Evidence, in any Caafe wherein the DebcMceedszoi! 
 Debt, or the Sum fued for, exceeds Twenty Pounds Proclamation Money, or for 
 
 any Specie or Commodity, or Work done, that furmounts the Value of the faid 
 Twenty Pounds Proclamation Money ; any Thing herein contained to the con- 
 trary, notwithftandihg. 
 
 VII. P ROVIDED alfoy That nothing in this Acl Ihall extend to any Or- ThisAa not » 
 dinary-keepers Accounts ; but that the faid Ordinary Accounts fhall be recovered "ary"kelpe°"''" 
 in Manner as by other Atfls heretofore are direfted. 
 
 pers. 
 
 C H A P. IV. 
 
 An AB, for EreBtng the Village called Newton, in New-Hanover Coun- see Aa paff.d 
 /y, into a Tonvn and Townjhip, by the Name of Wilmington j and Re- *^*°' ^^'^" '*' 
 gidating and afcertaining the Bounds thereof. 
 
 I. '\%J H E R E A S feveral Merchants, Tradefmen, Artificers, and other Per- 
 VV fons of good Subftance, have fettled themfelves at a Villao-e called 
 Newton, lying on the Eafi Branch of Cape-Fear River ; and whereas the faid 
 Village, by Reafon of its convenient Situation at the Meeting of the Two Great 
 Branches of Cape-Fear River, and likewife, by Reafon of the Depth of Water 
 capable of receiving Veflels of confidcrable Burthen, Safety of its Roads beyond 
 any other Part of the River, and the fecure and eafy Accefs from all Parts of the 
 different Branches of the faid River, is, upon all thofe and many other Accounts 
 more proper for being erefted into a Town or Townlhip, than any other Part of 
 the faid River : ' • 
 
 II. B E it therefore Enacted, hy his Excellency Gabriel Johnfton, Efq-, Gover- 
 nor, hy and iSjith the Ad-vice and Confent of his Majefifs Council, and General Af~ 
 femhly of this Province, and it is hereby Enacted, by the Authority of the fame 
 That the Village heretofore called Newton, lying on the Eaft Side of the North- 
 Eafi; Branch of C(2/)^-i^^c'zr River, mNcw-Hanover QoMXiVj, fhall, from and after 
 the paffing of this Aft, be a Town and Townlhip, and the faid Village is hereby 
 eftablifhed a Town and Townlhip, by the Name of Wilmington, the Bounds 
 whereof fhall be and are circumfcribed in Manner following j that is to fay. To 
 the Northeaft, by the Lands of his Excellency Gabriel Jchnjion, Efq; upwards, 
 and below,^ by the Lands of Michael Dyer ; t(^ the Weftward, by the Northeaft 
 Branch of Cape-Fear River ; and to the Eajiward, by a Line drawn between the 
 faid Lands of his Excellency Gabriel Johnfion, Efq-, and Michael Dyer, One 
 Hundred and Twenty Poles diftant from the River. 
 
 III. AND he it further Enacted, hy the Authority aforefaid. That for ever,' 
 after paffing of this Aft, the Inhabitants of and near the faid Town, qualified as 
 herein after mentioned, fhall have the Privilege of chufing one Reprefentative for 
 the faid Town, to fit and vote in General Aflembly. 
 
 IV. A N D for afcertaining tlie Method of chufing the faid Reprefentative, Be 
 rt further Enacted, by the Authority aforefaid. That every Tenant of any Brick, 
 
 3tone, 
 
loo Z/^^^'c/'North-Carolina. 
 
 A. D. ^Ti9- Stone, or framed habitable Houfe, of the Length of Twenty *Feet,- .and Sixteen 
 Feet -wide, within the Bounds of the faid Town, who, at the Day of Ele(5lion, 
 .and for Three Months next before, inhabited fuch Houfe, fhall be entitled to 
 vote in the Eledion for the Reprefentative of the faid Town, to be fent to the 
 General Aflembly : And in Cafe there fhall be no Tenant of fuch Houfe in the 
 faid Town, on the Day of Eleftion, quaUfied to vote as aforefaid, that then, and 
 in fuch Cafe, the Perfon feifed of fuch Houfe, either in Fee-Simple, or Fee-Tail, 
 or for Term of Life, fhall be entitled to vote for the Reprefentative aforefaid. 
 
 V. AN D be it further Ena^ed^ by the Authority aforefaid. That every Perfoa 
 who, on the Day of Eleftion, and for Three Months next before, fhall be in 
 a6tual PofTeflion or an Inhabitant of a Brick Houfe, of the Length of Thirty- 
 Feet, and Sixteen Feet wide, between the Bounds of the faid Town upwards, 
 and Smith's Creek, and within One Hundred and Twenty Poles of the Northeaji 
 Branch of Cape-Fear River, fhall be entitled to, and have a Vote in the Eledlion 
 of a Reprefentative for the faid Town, (unlefs fuch Perfon be a Servant •, ) and 
 fhall, as long as he continues an Inhabitant of fuch Houfe, within the faid Bounds, 
 enjoy all the Rights, Privileges, and Immunities, to which any Inhabitant within 
 the faid Town fhall be entitled, by Virtue of this A<5t. 
 
 VI. AND be it further Ena^ed, by the Authority aforefaid. That no Perfon 
 fliall be deemed qualified to be a Reprefentative for the faid Town, to fit in the 
 General AfTembly, unlefs, oh the Day of Eledion, he be, and for Three Months 
 next before, was feifed, in Fee-Simple, or for Term of Life, of a Brick, Stone, 
 or framed Houfe, of the Dimenfions aforefaid, with one or more Brick Chimney^ 
 or Chimnies. 
 
 VIJ. AND be it further EnaEied, by the Authority aforefaid. That forever,' 
 after the pafTmg of this Aft, the Court of the County of New-Hanover, and the 
 Eleftion of the Reprefentatives to be fent to the General AfTembly, and the E- 
 leftions of Veflrymen, and all other Public Eleftions, of what Kind or Nature 
 foever, for the faid County and Town, fhall be held and made in the Town of 
 Wilmington, and at no other Place whatfoever; any Law, Statute, Ufage, or 
 Cuflom, to the contrary, notwithftanding. 
 
 VIII. AND be it further Enabled, by the Authority aforefaid. That from and 
 after the pafTmg of this Aft, the CoUedor and Naval-Officer of the Port oUBrun- 
 (wick, (of which Port the faid Town of Wilmington is the mofl central and con- 
 venient Place, both for Exportation and Importation, by Rcafon of its Naviga- 
 tion and Situation,) fhall conflantly refide in the faid Town, and there keep their 
 refpedtive Offices, until his Majefly fhall be pleafed to give his Diredions to the 
 contrary : And likewife, the Clerk of the Court of the County of New-Hanover^ 
 and the Regifter of tli^ faid County, fhall conflantly hold and execute their re- 
 fpeftive Offices in the faid Town of Wilmi>?gton : And that if either of the faid 
 Officers negleft or refufe fo to cte, he fo neglecting or refufing, fhall, for every 
 Month he fliall be a Delinquent, forfeit and pay the Sum of Five Pounds Pro- 
 clamation Money ; to be fued for and recovered, by him who fKall fue for the 
 fame, in the General Court of this Province, or in the County Court of New- 
 Hanover, by Adion of Debt, Bill, Plaint, or Information, wherein no EfToign, 
 Proteftion, Injunftion, or V^ager of Law fliall be allowed ; and one Half of fuch 
 Forfeiture fhall be for the Ufe of the Perfon who fues for the fame, and the other 
 Half fhall be paid to the Commilfioners, for the Time being, appointed for re- 
 gulating the faid Town. 
 
 IX. AND for the due regulating the faid Town, Be it further EnaBed, by 
 tU Aufhority aforefaid. That Robert Halton, James Murray, Samuel Woodardy 
 ~ • - William 
 
L A IV S of North-Carolina. ioi 
 
 William Farris, Richard Eagles^ John Porter^ and Robert Walker^ Efquires, are ^- ■^ 't^'*- 
 hereby eftablifhed and appointed Commiflloners for the faid Town -, .and the faid 
 Commiflioners, or a Majority of them, and their Succeflbrs, (hall have, and be 
 invefted, with all Powers and Authorities, within the Bounds of the faid Town 
 of Wilmington, in as full and ample Menner, as the Commiflioners for the Town 
 of Edenton have or poffefs, by Virtue of any Law heretofore paffed. 
 
 X. AND whereas the Juflices of the County Court o^ New-Hanover, at the 
 Court held at Brunfzvick, on Tuefday the Eleventh Day of December laft, have 
 impofed a Tax of Five Shillings per Poll, to be levied on the Tithable Inhabi- 
 tants of the faid County, between the Firft Day of January, and the Firft Day of 
 March, One Thoufand Seven Hundred and Thirty Nine ; and afterwards, one 
 other Tax of Five Shillings per Poll, to be levied on the faid Inhabitants, between 
 the Firft Day of January, and the Firft Day of March, One Thoufand Seven 
 Hundred and Forty ; towards building a Court-houfe and Goal in the Town of 
 Brunfwick, for the faid County : 
 
 XL B E it Enacted, by the Authority aforefaid, Thaf. the Juftices of the faid 
 County Court fhall, and. are hereby directed, to apply the faid Levy or Tax to- 
 wards finiftiing and compleating the Court-houfe already eredled in the faid Town 
 ef Wilmington, and towards building a Goal in the faid Town. 
 
 XII. AND be it further Enabled, by the Authority aforefaid. That if any one 
 ©r more of the faid Commiflioners ftiall die, or remove out of the County, that 
 then and in fuch Cafe, the furviving or remaining Commiflioners fliall, within 
 Six Months after the Death or Removal of fuch Commiflloner, prefcnt to his Ex- 
 cellency the Governor or Commander in Chief for the Time being. Three Per- 
 Ibns, one of which the faid Governor or Commander in Chief is hereby impow- 
 ered to nominate and appoint ; and the Commiflloner fo appointed fhall be in- 
 verted with the fame Powers and Authorities, as any Commiflioner nominated 
 by this Aft. 
 
 S I G N E D by 
 Gabriel Johnston, Efq; Governor. 
 William Smith, Prefident. 
 John Hodgson, Speaker, 
 
 WWWW' 
 
 WW 
 
 ■Anno 
 
L A W S of North-Carolina. 
 
 Anno Regni 
 
 G E O R G 1 1 11, 
 
 Regis, Magn^e Britannia, Francis, & 
 Hiberni<e, Decimo Quarto. 
 
 > A B K I C t. 
 
 At a General ASSEMBLY, held at Edentofiy the Twen- g. 
 
 ty Firft Day of Augufi^ in the Year of our Lord One E^'covlino'?.' 
 Thoufand Seven Hundred and Forty. 
 
 C H A P. I. 
 
 An A5i, for Confirtning Titles to the Totvn Lands o/'Edenton, for fe curing 
 the Privileges heretofore granted to the [aid Town, and for further En- 
 couragement and better Regulation thereof 
 
 I. Wf H E R E A S, purfuant to the feveral Ads of Affembly of this Pro- Preambi?. 
 
 VV vince heretofore pafied and Ratified, Four Hundred and Twenty Acres 
 of Land, lying in the Fork of ^een Ann's Creek, in Chowan County, iri the 
 Province aforefaid, bounded Eajiwardy by the Lands of Miles Gale, Northward^ 
 by the Lands of William Badham^ deceafed, and George Lijles, on the Wejlwardy 
 by the Beaver-Dam^ and Creek, and on the Southward., by the Sound, was pur- 
 chafed by the PubUc, and hath been laid out for a Town, called Edenton^ and 
 Part thereof divided into Lots of half Acres, as will more fully appear by the Plan 
 thereof, already laid out, with convenient Streets, Paffages, Place for a Church, 
 Governour's Houfe, Court- houfe, Burying-pUce, Market-place, and Council 
 Room, and other Purpofes, and, by the faid A6ls, were veiled, in Fee, in Com- 
 miflioners or Truftees, to dilpofe thereof according to the Dire6lions of the faid 
 'feveral Afts •, many of which Commiflioncrs or Truftees have conveyed Lots or 
 Half Acres to feveral Perfons, who built thereon, and have made a confiderable 
 Improvement; and he Refidue of the faid Four Hundred and Twenty Acres was 
 referved for a Tow. i Common : 
 
 II. AND whereas feveral of the faid Afts have been fmce repealed, expired, 
 or ftand fufpended, whereby many Inconveniencies and Mifchiefs may arife, the 
 Improvement and Building of the faid Town very much retarded, the Power of 
 
 the 
 
104 LAWS o/' North-Carolina. 
 
 f_ ^ 1'^'^ tl^e Commiffioners and Truftees become dubious, and the f'erfons Titles to fuch 
 Lots precarious : For Remedy whereof, and to prevent Difputes that may hap- 
 pen, and tor the better fecuring the ancient Privileges of the faid Town-lhip, and 
 Regulation thereof ; 
 
 tyni^TEd^Iton ^^^' ^^ P^'^^" ^^^^ '^^ ^^^ ^^ Enaded, And be it Ena^ed, by his Excellency 
 confirmtM, anrt Gabriel Johnfton, Efq; Govcrnory by and with the Advice and ConferJ of his Ma- 
 m'ffioJ" ^'""' ^^-f^y^ Council, and General AJfembly of this Province, and by the Authority of the fame^ 
 That the faid Four Hundred and Twenty Acres, fo purchafed and laid out tor the 
 faid Town of Edenton, purfuant to the faid Ads of AlTembly, and veiled in 
 CommiiTioners or Truftees, according to the faid feveral Afts, fuch Commiffion- 
 ers or Truftees fo invefted, are hereby declared to have had a good, abfolute, and 
 indefeafible Eftate, in Fee, in fuch Lands refpedtively, in Truft and Confidence, 
 to and for the Ufes in the faid feveral A6ls -, and the Commiffioners and Truftees 
 hereafter mentioned, are hereby declared to have a good, abfolute, and indefeafi- 
 ble Eftate, in Fee, in all fuch Lands and Lots which have not been difpofed of 
 by the former Commiffioners or Truftees, but in Truft and Confidence, to and 
 for the Ufe and Ufes herein after mentioned relating to the faid Town of Eden- 
 ton, and for no other Ufe or Furpofe whatfoevcr ; and the faid Lands and Lots 
 are hereby Confirmed to the faid Commiffioners or Truftees, in Fee, to fuch 
 Ufe or Ufes : Any Thing in the Repealing, Expiring, Sufpenfion of any of the 
 faid A6ts, or any other Law, Statute, Ufage, or Cuftom, to the contrary* not- 
 withftanding. 
 
 Titles of fuch «t IV. AND be it further EnaSfed, by the Authority aforefaid, Thzt If zny Fer- 
 lou/TtLti' ^°^ °^ Perfons have purchafed and paid for any Lot or Lots, Half Acre or Half 
 good. Acres of Land in the faid Town of Edcnton, of any of the Comm.iffioners or 
 
 Truftees, purfuant to the faid feveral Afts, and have, fully complied with the 
 Conditions in the faid feveral A(5ts mentiond, fuch Perfon or Perfons are hereby 
 declared to be invefted with, and to have a good, abfolute, and indefeafible E- 
 ftate, in Fee, to fuch Lot or Lots, Half Acre or Half Acres of Land ; and the fame 
 is hereby confirmed, in Fee, to fuch Perfon or Perfons, and to his, her, and 
 their Heirs and Affigns, for ever. 
 
 «o«miflioner» V. A N D be it further EnaEled, by the Authority afcrefaid. That the Honourable 
 .ppainted. r^ilUam Smith Efq-, John Hodgfon Efq-, Abraham Blackhall, Jofeph Anderfon, and 
 
 fames Craven, Gentlemen, are hereby appointed Commiffioners or Truftees, to 
 and for the feveral Ufes and Purpofes declared by this Aft, and impowered and in- 
 vefted with all the Privileges hereinafter exprelTed, for ever. 
 
 S'c'on.mfiw ^^' AND that the full Number of Commiffioners may be always kept up, 
 ers. Survivors to Be it further Enabled, by the Authority aforefaid. That in Cafe of Death, or Remo- 
 appoint othen. ^^j ^^^ ^^ ^^ County of Choivan, of any of the aforefaid Commiffioners or Truftees, 
 at any Time hereafter, the remaining Part of the faid Commiffioners or Truftees, are 
 hereby authorized and and impowered to make Choice of fome other Perfon or 
 Perfons, being Freeholders of the faid Town, to fucceed fuch Commiffioner or 
 Commiflioners, Truftee or Truftees, fo dying or removing as aforefaid ; and ftich 
 Perfon or Perfons lo elefted or chofen, are hereby invefted with as full Power and 
 Authority, to all Intents and Purpofes whatfoever, as the aforefaid Commiffioners 
 or Truftees now nominated or appointed. 
 
 Treafurer »p. VII. AND be it further EnaSled, by the Authority aforefaid. That John Uodg- 
 
 foisted. j^^^ £^^^ Q^^ ^j- ^^ Commiffiioners or Truftees aforefaid, ffiall be appointed prc- 
 
 fent Treafurer and Receiver of all Monies arifing by Virtue of this Aft ; and on 
 
 his Death or Removal out of the County of Chowan, then the Fi^-ft Commiffioner 
 
 ihaU 
 
L A JV S o/' North-Carolina. 105 
 
 -fiiall fucceed and be Treafurer, firft giving fufficient Security, to the Juftices of ^ ^- i74o- 
 the County Court of Chowan^ for the juil ir'erformance of the faid Truft. ^-"^ 
 
 . VIII. AND be it further Efiacted, by the Authority aforefaid^ That the Lots of Lots w be dir- 
 Half an Acre each, or thereabouts, not taken up and difpofed of, be difpofed of P' "^^ "f- 
 by the Comiflioners or Truflees aforefaid, as hereafter in this A<51 is directed. . 
 
 IX. AND he it further Enacted^ by the Authority aforefaid. That the Place al- streets and Pub. 
 ready laid out, as by the Flan of the faid Town may more fully appear, for Streets, ^'^= p^^'« referv- 
 Pafliiges, Church, Governor's Houfc, Court-houfe, Burying-place, Market-place, 
 
 Prifon, Council Room, and Town Common, be referved forthofe Ufes, and no 
 other. 
 
 X. A N D be it further Ena5ied, by the Authority aforefaid^ That every Perfon commffionersto. 
 whatfoever who is defirous to be an Inhabitant of the faid Town, fhall have free ^0".%^^^.' ^^' 
 Liberty to take up any Lot or Lots, already laid out and not before taken up ; which 
 
 Lot or Lots the Commiflioners or Truflees aforefaid, or any Three of them, where- 
 of the Treafurer to be One, are hereby required, directed, and impowered, to 
 grant, convey, and acknowledge, to the Perfon or Perfons fo taking up the fame, 
 and to his and their Heirs and Afligns, for ever, in Fee-Simple, for the Confi- 
 dcration of Ten Shillings Proclamation Money, for each and every Lot by them 
 fo granted ; which Ihall be appropriated as by this Ad; hereafter is dredted, 
 
 XI. P ROV ID ED always. That if any. Perfon or Perfons whatfoever, fhall Crahtce not 
 take up and purchafe any Lot or Lots, as in Manner before direded, and fhall yj^rs"^ ConvT* 
 not build, or caufe to be built thereon, tor each and every Lot or Lots fo taken up ance to be" ^oi>i] 
 and purchafed, within Two Years after the Date of the faid Conveyance, a good, 
 fubflantial. Brick, Stone, or framed habitable Houfe, not of lefs Dimenfions than 
 
 Twenty Feet long. Fifteen Feet in Wedth, and Eight Feet in Height, be- 
 tween the firfl Floor and the Joifls, or in Proportion for each and every Lot or 
 Lots, or make fuch Preparation for fo doing as the Commiflioners, or the Majo- 
 rity of them, fhall judge reafonable to fecure the flime, every fuch Conveyance 
 Ihall be, and is hereby declared void and of none Effe<5t, as if the fame had ne- 
 ver been made ; and that the fame Lots be free and clear for any other Perfon to 
 take up and purchafe, as in Manner before direded. 
 
 XII. A N D be it further Ena^ed, by the Authority aforefaid. That it fhall and Owners of Front 
 may be lawful for any Perfon, who is Owner of a Front Lot or Lots, to ered or wharC»"f."«n 
 build a Warehoufe, Store-houfe, Wharfs, or other Conveniencies, for their Land- p^yu^g 5 s. 
 ing and Storing of Goods, on any Part of the Land fronting their own Lot or 
 
 Lots, and as flir out into the Water as he or they fhall think proper, not going 
 
 further than the Edge of the Channel, paying for the fame, to the aforefaid Com- 
 
 mifTioners or Truflees, for each and every Front Lot, Five Shillings Proclamation 
 
 Money ; to be appropriated as by this Aft is hereafer direfted ; which Commif- 
 
 fioners or Truflees are hereby impowered to make him, her, or them. Grants 
 
 or Conveyances, in Fee-fimple, for the fame : And in Cafe the Owner or Proprie- ^*"". ."" '*''- 
 
 tor of any Front Lot or Lots fhall not, within Six Months after Notice given by «idTecu!ingThe 
 
 any Perfon, purchafe or take up his or her Front, and likewife fhall not, with- ^^dTin^y"* 
 
 in Two Years after the Purchafe thereof, fecure the Front Street Fifty Feet from any other Pe"on 
 
 the Waters Encroachments, that it fhall and may be lawful for any Perfon to take IJV'''^u^'^LT^•''* 
 
 ,_ ,,,.. .■', ' iVlontn* Notice, 
 
 up the fame, under the Conditions aforementioned. 
 
 XIII. AND be it further Enacted, by the Authority aforefaid. That if any Per- perfon. not tu 
 fon, after the Firfl Day of May next, fhall ered, repair, or caufe to be eredled or ^^^j^"' J^f^'' 
 repaired, any Wooden Chimney within the faid Town, fuch Perfon fo offending, nies, on Penalty 
 Ihall forfeit and pay, for each and every Offence, the Sum of Ten Pounds Procla- "^ *°^' 
 
 , D d mation 
 
io6 L A IV^ S (?/' North-Carolina. 
 
 A. D. 1740. mation Money •, to be recoveved and appropriated as hereafter by this A6t is di- 
 ' V ' reded. 
 
 UyTTtT/the ^'^^' AND be hfurthe'r' Enacted^, by the Authority aforefaidy That the Com- 
 L tj, to r.ifc: a miflioners or Truftees aforeiiiid, or any Three of them, fhall, within Six Months 
 TTwn/°"and'''^ aitsr the Ratification of this Ad, meet and lay a Tax on each and every Perfon, 
 Commcn. ' according to the Number of his or her Lot or Lots, Half Acre or Half Acres of 
 Land, by him or them held within the faid Town, ( Fronts excepted ) fufficient to 
 raife a Fence round the faid Town, and Town Common, as the Commiffioners or 
 Truftees aforefaid, or any Three of them, fhail think fufficient, fo as the faid Fence 
 be compleated within Eighteen Momlis alter the Ratification of this Aft; under 
 the Penalty of Five Pounds Proclamation Monty, on each and every Commilli- 
 Perfons refufmg cxner : And ia Cafe any Perfon or Perons fhall neglcft or refufe to pay, on De- 
 sV'e*/'"*"'^"' mand, his or her Tax fo laid by the aforefaid Com miflioners or Truftees, by Vir- 
 tue of this Aft, fuch Perfon or Perfocu- fo offending, fhall forfeit and pay the Sum 
 of Two Shillings and Six Peace Proclamation Money, over and above the faid 
 Tax, for each and every Lot he or Ihe hath a Conveyance for \ to be recovered 
 and appropriated as liereafter in this Aft is direfted. 
 
 Perfoni pulling XV. AND he tt further EnaSfed^ by the Authority aforefaid Thzx. if any evil- 
 Sr*rivtn'gH"gs.' winded PerfoH fliall, in the Night, or at any lime or Times whatfoever, pull 
 Me. wiciia itj down the faid Town F!ence, or any Part thereof, in Order to let in any Perfons 
 to forfeit ici. Yicz% Cattle, or Horfcs, within the faid Town Inclofure, or ft^all otherwife 
 drive Pigs, Cattle, or Horf.s, into, or out of the faid Town, fuch Perfon fo of- 
 fending, fhall forfeit and pay, for each and every Offence, the Sum of Ten Pounds 
 Proclamation Money •■, to be recovered and appropriated as by this Aft is hereafter 
 direfted. ' : 
 
 ' T 5 «» be I fl XVL AND be it further Enact ed, by the Authority aforefaid^ That each and every 
 e.i in J MoR-hs' Perfon or Perfons, pofTefred of any Lot or Lots in the faid Town, or hereafter 
 «Par.^ityof:t. ^j^jj ^^ pofTcfTed, and not yet clear .-d, fhall, in the Space of Three Months after 
 the pafTmg of this Aft, or within Three Months after he, fhe, or they, fhall have 
 purchafed any Lot or Lots, cut down all the Wood and Brufh-wood in the fame, 
 and, once in each Year, do the like ; and in Cafe of Negleft or Refufal of any Pof- 
 fefTor or PofTeficrs of a Lot or Lots to perform the fame, in Manner aforefaid, 
 fuch PofTeffor fhall forfeit and pay, for each and every Ofifence, the Sum of Five 
 ShilUngs Proclamation Money, for each and every Lot he, fhe, or they, fhall have 
 i. Conveyance for i to be recovered and appropriated as in this Aft is hereafter di- 
 refted. 
 
 Keg., SHoat., «r XVIT. AND be it further Enacted^ by the Authority aforefaid^ That from and 
 poundedT* fold after the Time the aforefaid Fence fliall be compleated, it fhall and may be law- 
 for th- Puor of jTyj fQj. ^j^y Perfon to take up and pound any Hog, Shoat, or Pig, that fhall be 
 found ranging at Large in the faid Town, fo long as the faid Fence fhall be kept 
 in good Repair: And fuch Hogs, Shoats, or Pigs, fo taken up and pounded, 
 fhall be Sold at Vandue, and the Money arifing by fuch Sale, given to the Poor 
 refiding in the faid Town, by the Commiflloners or Truftees aforefaid : And for 
 preventing Annoyances and Nufances in the faid Town, 
 
 PcrfoBi hyinj XVIII. B E it further Enacted^ by the Authority aforefaid^ That if any Perfon or 
 Sc"rcetf ^c '"'o -Perfons fhall throw out, or lay in any Street, or upon any Public Place in t\% faid 
 fethit'iti!' " Town, any Dirt, Rubbifh, Duft', or Mortar, except fuch Perfon or Perfons wh^ arc 
 building or repairing a Houfe or Houfes in the faid Town, during the Time they 
 are building or repairing fuch Houfe or Houfes, fuch Perfon or Perfons fo of- 
 fending, fhill forfeit and pay, to the aforefaid Com miflioners or Truftees, for each 
 and every Offence, the Sum gf Tea Shillings Proclamation Money j to be reco- 
 vered 
 
L A IV S of Nor T K- C a r o l i n a. 1 07 
 
 yered and appropiated as in cb.is Act is her^-afiier directed : And if any fuch Offence ^ ^- '74o- 
 is committed by any Servant or Slave, luch Servant or Slave fhall be punilhed il^^TbTTs^r- 
 by Whipping, not exceeding Thirty Lailies, at the Direftion of any Tliree of the v^nt or si»ve, h= 
 .Commiaioners. fli.ii be wh^pp.d- 
 
 XIX. AND be it further Enacted^ by the Authcrity afcrsfaidy That as often as Maic Tithabies 
 the Overfeer of thefuid ToWrl fliall fummon the Male Tithables th-redf to work on sueastR^d., 
 the Roads or Streets, he fhali have full Power to direct the faid Tithables to clear "''i*'-n''ity of «b! 
 the Roads, Streets, and Public i'laces, of all Woods, Weeds, Rubbilh, and 
 
 other Nufances ; and if any Perfon fhall refufe to obferve the Overfeers Direftions 
 therein, he fhall forfeit and pay, tor each and every Cfitnce, the Sum of Ten Shil- 
 lings Proclamation Money-, to be recovered and appropriated as hereinafter is di- 
 rected i and if the Perfon refufing be a Servant or Slave, the Mafter or Miitrefs of ^*.""" ''^''i^ f°f 
 fuch Servant or Slave is hereby made liable to pay the fame. suTts/"'""" 
 
 XX. A N D he it further Enacted, by the Authority aforefaid^ That the Com- streeH andPaf, 
 miflioners or Trufees ihall lay out, or caufe to be laid out, within Six Months ^'^11] wi,h;n'f!x 
 next following the Ratilication of this Adt, the feveral Streets and PalTages of the Months, ace rd. 
 faid Town, as defcnbed in the Plan thereof, and fhall fix and put up good Pofts '"^ '" '^' '''*'*' 
 to afcertain the Bounds of the fevcial Streets of the faid Town-, and for the Ex- 
 pence and Troubk of the faid Commi/Iioners or Truftees in the St-rvice aforefaid, 
 
 they fliall be paid out of the Fines and Forfciturt;s arifing by Virtue of this Ad. 
 
 XXI. A NT) he it further Enacted, by the Authority aforefaid. That the Right Freeholders to 
 and Privilege of Electing a Reprefmtative for the faid Town" of Edenton, to fit in '''^ * ^"^'^*' 
 General Alfembly, be, and is hereby confirmed ; and that the Freeholders of the 
 
 faid Town fhall, for ever, have Liberty, at all Times hereafter, to elect and 
 choofe a Member to fit in General Afil-mbly ; and a Writ of Election fhall ilTue, 
 to the Inhabitants of the faid 1 own, to choofe a Member to reprefent them in the 
 faid Affcmbly, at fuch Times, and in the fame Manner, as the faid Writs are 
 iflbed for choofing Reprefentatives for the feveral Counties in this Province, to 
 fit in General Alfembly. 
 
 XXII. AND he it further Enacted, hy the Authority aforefaid,'' Thzt no Per- Burgefi for tbe 
 fon, for^the future, fliall be deemed or taken to be qualified for a Reprefentativc 'nZ^flDlfut 
 for the faid Town, except he has been Owner of one laved Lot in his own Right, « i"ft » Y*". 
 in the faid Town, at leait One Year before he is chofen ; any Thing in any A(^ 
 
 to the contrary, notivitlaftanding. 
 
 XXIII AND he it further Enacted, hy the Authority aforefaidy That no Perfon ^°'"' '» •>« 
 fhall be deemed or taken to be qualified to give his Vote for a Reprcfentative eMomh!.' ^'* 
 for the faid Town, to fit in General AiTemply, except he has been Owner of One 
 faved Lot at kaft Six Months before fuch Eledion. 
 
 XXIV. AND he it further Enacted, hy the Authority aforefaid. That the Trea- Treafurertokee^ 
 furer of the faid Town, from and after the Ratification of this Ad, fliall be oblig- Pi'n°?„"'thr* 
 cd to keep his Oflice, and a Plan of the Town, in the faid Town, under the Pe- ^own, on p.. 
 aalty of One Pound Proclamation Money, for each and every Month that he fliall Momh!"'"'" 
 negledtor refufe to do thv fame; to be recovered and appropriated as by this Ad 
 
 is hereafter direded. 
 
 XXV. AN D be it further Enacted, by the Authority aforefaid. That all Fines aii Fine, not ex. 
 and Forfeitures in this Ad mentioned, not exceeding twenty Shillings Proclama- rrccov.*red b/» 
 tion Money, fliaJl be recovered, by a Warrant from under the Hands and Seals "^ZTJZTJ 
 of any Three of the aforefaid CommifTipners Vr Truftees; and all Fines above anrau abovr? ,« 
 Twenty Shillings Proclamation Monev, fhall be recovered, in any Court of Record ^^J^^""*"^*'' 
 
 in 
 
io8 L A IV S of N o RT H -Caro L I N A. 
 
 in this Province, by Adion of Debt, Bill» Plaint, or Information -, wherein no 
 Eflbign, Injundion, or Wager of Law, Ihall be allowed or admitted of; any 
 Law, Ufage, or Cuftom, to the contrary, notwithftanding : Which Fines and 
 Forfeitures may be difcharged in Commodities, as rated in an Aft, intituled, yin 
 Act^ for the finifhing the Church at Edenton. 
 
 Momeisrifing'oy XXVI. AN t) be it further Enact edy by the Authority aforefaidy That all the 
 Kne.°^i^l'' * Money arifing by the Sale of Lots in the faid Town, as alfb all fines and Forfei- 
 out by the Com. turcs in this A6t mentioned, aftex the Commiflioners or Truftees reafonable Charg- 
 E'loiu"!"' ^"'^ ^^ ^■^'^ Expences for their feveral Services are deducted, fhall be appropriated, 
 of the Town, laid out, and applied, to fuch Ufe or Ufes as the Commiflioners or Truftees, or 
 
 any Three of them, Ihall think convenient, for the better Encouragement of the 
 
 faid Town. 
 
 Rf cjiin ciaufe XXVII. A N D 'be it further Enacted, by the Authority aforefaid. That an Aft, 
 paffed in the Year One Thoufand Seven Hundred and Thirty Eight, intitu- 
 led. An rkty for Encouragement and better Regulation of the I'own of Edenton, 
 and every Claufe, Matter, and Thing therein contained, fhall be, and is hereby 
 Repealed and made null and void, to all Intents and Purpofes whatfoever. 
 
 FrJTite. 
 
 CHAP. II. 
 
 An AB^ to enable the CommiJJloners herein after appointed, to eredi and 
 finijh a Church in Newbern, in Craven County and Pari/h^ in the Pro- 
 vinve afore faid, and for the better Regulating the faid Toivn ; and other 
 Purpofes therein mentioned, 
 
 L -r "T T H E R E A S the late Veftry of Graven Parilh, in the Year One 
 Yy Thoufand Seven Hundred and Thirty Nine, laid a Levy on all and 
 every the Tithables in the faid Farifh, for and towards the building a Church in 
 the Town of Newbern^ in the aforefaid Pariih, and appointed Commiflioners to 
 manage and carry on the fame, and to apply the faid Levy to the Purpofe afore- 
 faid -, which Commiflioners have made One Hundred Thoufand Bricks, and have 
 been at other Expences towards building the faid Church, but the faid Levy not 
 amounting to a fuffiicient Sum to compleat the fame, and the prefent Veftry neg- 
 leding to lay a further Levy on the Tithable Inhabitants of the faid Pariih, for 
 the finifliing of the faid Church •■, 
 
 11. W E pray that it may be Enaded, And be it Ena^ed, by his Excellency Ga- 
 briel Johnfton, Efq ; Governor^ by and with the Advice and Confent of his Majejiy*s 
 Council^ and General Affembly of this Province^ and it is hereby EnaEfed^ by the Au- 
 thority of the fame. That a Tax of One Shilling and fix Pence Proclamation Mo- 
 ney, for Two Years, next enfuing the Ratification of this A6t, be laid, and it is 
 hereby laid, on each and every Tithable Perfon within the faid Pariih of Graven^ 
 to defray the Expence and Charge of building and compleating the faid Church, 
 to be paid Yearly, in fuch Commodities as are hereafter rated, viz. Pork, good 
 and merchantable, dry falted, pr Barrel, Thirty Shillings Proclamation Money, 
 Beef, dry falted, -per Barrel, good and merchantable. Twenty Shillings, drtft Deer 
 Skins, Two Shillings and Six Pence ;)5r Pound, Tallow, Four Pence ^<fr Pound, 
 Bees Wax, Ten Pence Hal^Penny^fr Pound, Rice p^r Hundred, Ten Shillings ; 
 to be paid at fuch Times and Places as are direded for the Receipt of his Ma- 
 jefty's Quit-Rents, in and by an Adt, intituled. An A£i, for providing his Ma- 
 jefiy a Rent-Roll, for fecuring bis Majefifs ^dt-Rents, for the Remiffion of Ar- 
 rears 
 
LAWS o/' North-Carolina. 109 
 
 rears of ^lit-RentSy dndfor quktir.g the Inhabitants in their Pcffeffwns ; which faid f- ^ ^^"^ 
 Tax (hall be Annually colledted and received by John Bryan, Gentleman, he firft 
 giving Security, in the Sum of Four Hundred ±-ounds. Proclamation Money, to 
 the Juftices of the County Court of Craven, for the faithful Difcharge and Pay- 
 ment of the fame, who Ihall be allowed Four per Ceht. for attending, receiving, 
 and paying thereof •, and that upon Receipt of any Commodity or Commodities, 
 Sum or Sums of Money, for the Uft aforcfaid, the fame Ihali be by him paid to 
 the Commiflioners, or the Majority of them, or their Order, for the Ufe aforefaid. 
 
 III. yf ND he it further Ena5fed, by the Authority aforefaid. That each Inhabi- 
 tant in the faid Parilli, who fhall not pay, or caufe to be paid, the Tax herein be- 
 fore mentioned, at the Times and Places atorefaid, to the faid John Bryaii, as in 
 and by this A6t is direfted, fuch Perfon or Perfons fo failing, fliall, for each De- 
 fault, forfeit and pay the Sum of Four Shillings, Proclamation Money, for each 
 -Tithable for which he ought to have paid the faid Tax, befides Cofts-, to be 
 levied, hy a Warrant from under the Hand and Seal of one or more Juftices of the 
 Peace of the County aforefaid, upon the Goods and Chatties of the Delinquent : 
 
 ■Which Forfeiture or Forfeitures fhall be paid to the Lid John Bryan, or any o- 
 ther Perfon appointed by the faid Commiflioners or the major Part of them, and 
 by them applied towards the building ot the faid Church. 
 
 IV. AND be it further Enacted^ by the Authority aforefaid. That George Ro- 
 bert^ Wilham. Wtlfon, George Bold, William Herritage, and Adam Moor, Gentle- 
 men, are hereby appointed Commiflioners to receive the faid Levies from the faid 
 fohn Bryan, when by him received and colledired, and to cohtra6t and agree with 
 fit and proper Perfons for the building and compleating the faid Church, in a neat 
 and Workman-like Manner: And the faid John Bryan fliall, and is hereby di- 
 re6led, to account with the Commiflioners atortfaid, when required, for thefeve- 
 ral Commodities and Sums by him coUedted and received, in Manner aforelaid. 
 
 V. AND be it further Enacted, by the Authority aforefaid. That any Perfon 
 or Perfons who fhall ftibfcribe any Sum or Sums of Money, for and towards the 
 building of the aforefaid Church, and Ihall afterwards refufe Payment of the faid 
 Sum or Sums mentioned to be paid by fuch Subfcription, fuch Perfon or Perfons 
 fhall be liable for the fame, and the Commiflioners or the major Part of them, for 
 the Time being, are hereby authorized to fue for the fame, in the fame Manner 
 as any Perfon may be fued, for Non-payment of Money due by a Promifory Note. 
 
 VI. AND whereas the late Veftry of Cra^oen Parilh laid a Levy, in the Year 
 One Thoufand Seven Hundred and Thirty Nine, on all the Tithables in the faid 
 Parifh, towards building and compleating the faid Church; which faid Levy is 
 found infufficient to carry on and compleat the faid Work, a confiderable Part 
 thereof is yet unpaid and uncollected : 
 
 VII. B E it therefore further Ena^ed, by the Authority aforefaid. That the fe- 
 veral Perfons who have not already paid the faid Tax or Levy, are hereby com- 
 manded and required to pay the faid Levy in current Bills, as laid by the faid Vef- 
 try, in the fame Manner, and at the fame Times and Places, and to the fame 
 Perfon as before mentioned, and under the fame Penalties as in and by this Adl is 
 before direfted. 
 
 VIII. AND be it further EnaSied, by the Authority aforefaid. That all Perfons 
 who have been heretofore Churchwardens, or that now are Churchwardens, or 
 that have heretofore been Commiflioners, and all Perfons whatfoever who have 
 any Parifh Money in their Hands for the Ufe aforefaid, do forthwith, after the 
 Ratificdtion of this Aft, account with the Commiflioners aforefaid, or the Majo- 
 
 E e rity 
 
jio LAWS (j/'North-Carolina. 
 
 AD. 1740. rityofthem, and pay to them, or their Order, on Demand, all and every fuch 
 Sum or Sums of Money that fhall appear to be due, owing, and in Arrear, un- 
 der the Penalty of Ten Pounds Proclamation Money, over and above the Sum 
 due, owing, and in Arrear, to the Pari(h aforefaid ; to be^recovered, by Adion of 
 Debt, Bill, Plaint, or information, in the General or County Court. 
 
 IX. AND he it further Enci£led^ by the Authority aforefaid^ That on the Death 
 or Removal out of the County aforefaid of any of the aforefaid Commiflioners, 
 the Majority of the faid Conmmiflioners are hereby authorized and impowcred to 
 appoint a proper Perfon or Perfons, who fhall be deemd duly qualified to a6t in 
 his or their Room and Stead. 
 
 X. A N D whereas there hath been great Differences and Difputes about the 
 Bounds and Limits of the faid Town oi Newbern, which hereafter may be of per- 
 nicious Confequence to the Freeholders of the faid Town, as weli as a Difcou- 
 ragement for others to fettle therein : 
 
 XI. B E it therefore further Enabled, by the Authority aforefaid, That the Juf- 
 tices of the Court of Graven County, at the Court to be held lor the faid County 
 next after the Ratification of this A6t, or at any other fubftquent Court, fhall, and 
 they are hereby required to appoint a Day, whereon the Freeholders of the faid 
 Town fhall meet, at the Court- houfe in the faid Town, and whereof the faid 
 Freeholders fhall have Notice, and with a fworn Surveyor for that iurpofe, by 
 the faid Court appointed, fhall admeafure and lay out the Meters and Bounds of 
 the faid Tov/n, purfuant to an Ad of the General AlTtmbly of this Province, 
 intituled, An A51, for the better fettling the I'own of Newbern, in the Precin5f of 
 Craven j and fhall lay out the Streets, and affix Marks at the Corners of each 
 and every Lot already taken up and faved, at the joint Coft and Charge of the 
 Freeholders of the faid Town ; which Charge fhall be affefTed by the irrefident 
 or Chairman of the faid Court, with two other of the Juftices of the Peace of the 
 faid County, and Two Freeholders, to be appointed by the Court next fucceed- 
 ing fuch Admeafurement, laying out, and marking of the faid Streets and Lots, 
 or any other fubfequent Court, and fl:iall be paid by the Freeholders of the faid 
 Town refpedlively, in Proportion to the Number of the faved Lots that he, fhe, 
 or they, fhall hold in the fliid Town, to the faid Juflices, to defray the faid 
 Charge of admeafuring, laying out, and marking, as aforefaid : And on Default 
 or Non-Payment of their refpedtive Proportions of the Charge fo affefTed, within 
 Ten Days after fuch AfTefTment and Demand of the fame, the faid AfTefTment 
 fhall be levied, by a Warrant from any one Juftice for the faid County, upon 
 the Goods and Chatties of fuch Delinquent or Delinquents, and fold at Vandue, 
 Five Days after fuch Diftrefs, rendring the Overplus, if any. Charges firft de- 
 duded, to the Owner. 
 
 XII. AND whereas in and by the aforefaid' Aft of AfTembly, there was a 
 Lot laid out in the faid Town for a Church, which faid Lot being infuffici- 
 ent, and not fo commodious for the faid Ufe, and all the adjacent Lots being 
 taken up and faved, wherefore the faid Vefiry have taken up Four Lots, 
 more convenient and commodious, for ereding a Church, and for a Church-yard» 
 and other Parifh Ufes: 
 
 XIII. B E it therefore EnaEled, by the Authority aforefaid. That as foon as the 
 faid Church fhall be fit to celebrate Divine Service in, the faid Four Lots fhall 
 be faved to the Parifh for the Purpofes aforementioned, in as full and ample a 
 Manner as if the faid Parifh had ereded a Houfe on each of the faid Lots, of the 
 Quahty and Dimentions prefcribed by the faid Ad for faving L ots in the faid 
 Town. 
 
 XIV. A1^I> 
 
L A IV S o/^ North-Carolina. iit 
 
 A. D. 174-0. 
 
 XIV. AN'D be it further Ena^led^ hy the Authority aforefaid. That the Com- 
 miffioners aforefaid are hereby impowered and dirc6ted, to make Sale and difpofe 
 of the abovementioned Lot, at i^ubhc Vandue, after Four Days Notice given, 
 and to apply the Money arifing from fuch Sale, towards the building of the faid 
 Church : Any Law to the contrary, in any-wife, notwithftanding. 
 
 G H A P. in, 
 
 uin A5i^ to enable the CommiJJioncrs herein after mentioned^ to Jinip the 
 Church already begun at Edenton. 
 
 L WJ HEREAS feveral well-difpofed Perfons have voluntarily fubfcribed p-^^""- 
 
 W and contributed feveral Sums of Money, to build and ercdl a Church 
 in EdentoTi, for the Advancement of Keligion, and thereby appointed ft vera! 
 Commiffioncrs to manage and carry on the fime, and to apply fuch charitable 
 Subfcriptions and Contributions to that Purpofc •, which faid Commiffioncrs have 
 carried on, and, in Part, built the fame ; but fome of the Commiffioners being 
 dead, and there not being a fufiicient Sum raifed to compleat the faid Work, and 
 the Veftry of the Parifh refufing to affift therein, the faid Building may become 
 ruinous, and all the Money already expended will thereby be loft, to the o-reat 
 Bifcouragement of Religion, and of fuch good and pious Intentions : Thereiore, 
 to prevent the fame, and to promote fo laudable a Work, and in Order to raife 
 a fufficient Fund for hnifhing the faid Church i 
 
 II. WJE pray that it may be Enaded, And he it EnaEled^ hy his Excellency Ga- 
 briel Johnfton, £/"j-. Governor^ by and -with the Advice and Confent of his Majeflfs ' 
 Council, and General Affembly of this Province^ and it is hereby Enacted, by the 
 Authority of the fame. That a Tax of Two Shillings, Proclamation Money, for 
 Two Years, next enfuing, be laid on each and every Tithable Pcrfon within the 
 faid Parifh, or County of Chowan, to defray the Expence and Charge of corn- 
 pleating and finifliing the faid Church ; to be paid Yearly, in fuch Commodities 
 as are hereafter rated, viz. Tobacco, at Ten Shillings ter Hundred ; Bees- Wax, 
 at Ten Pence Half Penny /^c^ Pound ; Tallow, at Four Pence />^r Pound ; Pork, 
 good and merchantable, at Thirty Shillings -per Barrel, not lefs than Two Hun- 
 dred and Twenty Weight in each Barrel ; or if in current Bills, at Seven and a 
 Half for One, in Lieu of Proclamation Money ; to be paid at fuch Times and 
 Places, and in fuch Manner, as in and by an Aft, intituled, An A51, for fro- 
 aiding his Majejiy a Rent-Roil, for fecurmg his Majeftfs ^it-Rents, for the 
 Remiffion of Arrears of ^lit- Rents, and for quieting the Inhabitants in their Pof- 
 feffions, is direfted : ^Which faid Tax fliall be Annually received by miliara Luten, 
 Gentleman, he firft* giving Security, in the Sum of Six Hundred Pounds, Pro- 
 clamation Money, to the Juilices of the County Court, for the faithful Difcharge 
 and Payment of the fame, who fliall be allowed Four fer Cent, for attending, 
 receiving, and paying the fame ; and that upon Receipt of any Commodity or 
 Commodities, Sum or Sums of Money, for the Ufe aforefaid, the fame Ihall be 
 by him paid to the CommafTioners, or the Majority of them, or their Order, for 
 the Ufe of the faid Church. 
 
 III. AN B be it further EnaEted, hy the Authority aforefaid. That each Inhabi- 
 tant in the faid Parifh, who fliall not pay, or caufe to be paid, each and every 
 Year, the Tax herein before mentioned, at the Times and Places aforefaid, to the 
 faid miliam Luten, as in and by this Aft they are direfted ; fuch Perfon fo fail- 
 ing fliall, for each Default; forfeit ar;.'l pay the Sum of Four Shillings, Procla- 
 mation 
 
112 L A IV S of North-Carolina. 
 
 A v: 1746. mation Money, per Tithable, btfides Cqfts ; to be levied, by a Warrant from 
 ^^-i :/-— under the Hand of one or more Juftices of the Peace of the County aforefaid, 
 upon the Goods and Chattels of the Delinquent: Which Forfeiture fhail be paid, 
 to the fliid William Luten, or any other Perfon appointed by the laid Commif- 
 fionefs for that Purpofe, and by them to be applied towards the building and. 
 com pleating of the faid Church. 
 
 IV. AND be it further EnaEled^ by the Authority aforefaid^ That all Per- 
 fons who have fubfcribed, or that fhall hereafter fubfcribe, to pay any Sum or 
 Sums of Money, for and towards the building of the aforefaid Church, and fe- 
 fufe Payment of the faid Sum or Sums mentioned to be paid by fuch Subfcrip- 
 tion, fuch Perfon or Perfons fhall be liable for the fame, and may be fued by the 
 Commifiioners aforefaid, or the Survivors of them, in the fame Manner as any 
 Perfon may be fued for Non-payment of Money on a Promifory Note : And that 
 the faid Commiflioners alfo have full Power and Authority to demand and receive 
 of all Perfons whatfoever, that have any Money in their Hands which was for- 
 merly raifed, given, or contributed, for and towards the Ufe of the faid Church ; 
 and in Cafe of Refufal or Non-payment of the fame, to bring Adion or Actions, 
 in their own Name, for Recovery thereof. 
 
 V. AND be it further Enacted, by the Authority aforefaid. That the Honour- 
 able William Smith, Efqj John Montgomery, and John Hodgfon, Efqrs. John 
 Blount, John Benbury, Abraham Blackhall, and James Craven, Gentlemen, are 
 hereby appointed Commiflioners, to receive the faid Levies from the faid William 
 Luten, when received and colleft^d ; and to contracfl and agree with fit and pro- 
 per Perfons for finifhing the faid Church, in a neat and Workman-like Manner, 
 as begun : And the fiid William Luten fhall, and he is hereby dirtfted, to ac- 
 count with the Commiflioners aforefaid,- when called upon and required, for the 
 feveral Commodities and Sums by him colledted and received. 
 
 VI. AND whereas the Veftry of the Parifli of Chowan, in the Year One Thou- 
 fand Seven Hundred and Thirty Six, laid a Levy of Twenty Shillings fer Titha- 
 ble, and in the Year One Thoufand Seven Hundred and Thirty Seven, laid ano- 
 
 . ther Levy of Ten Shillings fer Tithable, in Current Bills, towards building the 
 faid Church, a confiderable Part of which is yet unpaid and uncolleded : 
 
 VII. B E it therefore Enabled, and it is hereby EnaSled, by the Authority afore- 
 faid. That the feveral Perfons who have not already paid the faid Taxes, are here- 
 by commanded and required to pay the fame, in Current Bills, as laid by the faid 
 Veftries, or in Lieu thereof, in Commodities as aforefaid, in the fame Manner, 
 and at the fame Times and Places, and to the fame Perfon, as before mentioned, 
 and under the fame Penalties as in and by this Aft is before diredled. 
 
 VIII. AN B be it further EnaEled, by the Authority aforefaid. That all Perfons 
 who have been heretofore Churchwardens or Commiflioners, as alfo all other 
 
 - Perfons whatfoever, who have any Parifti or Subfcription Money in their Hands, 
 unpaid or unaccounted for, do forthwith, after the Ratification of this A<51, account 
 with the Commiflioners aforefaid, and pay to them, or their Order, on Demand, 
 all fuch Sum and Sums of Money which Ihall appear to be due, owing, and in 
 Arrear, under the Penalty of Ten Pounds Proclamation Money, over and above 
 the Sum fo due and in Arrear, to the Parifli aforefaid ; to be recovered, by Adi- 
 on of Debt, Bill, Plaint, or Information, in the General or County Court. 
 
 IX. A N D be it further Ena£fed, by the Authority aforefaid. That on the Death 
 or Removal out of the County aforefaid of the faid William Luten, or any of the 
 aforefaid Commiflioners, that the Majority of the Commiflioners are hereby im- 
 
 powered 
 
L A IV S C/' N O R T H - C A R O L I N A. 113, 
 
 powered and authorized to make Choice of a proper Perfon or Perfons* who fnall ^ ^- ^^'^^ 
 be deemed duly qualified to atl; in his or their Room and Stead. 
 
 X. A N D be it further EnaSied, by the Authority aforefaid. That when the faid 
 Church fhall be fit to celebrate Divine Service in, all Meetings of Vellries for the 
 faid Parifh, being firfl duly fummoned, fhall be held at the faid Church, and at 
 no other Place in the faid Parifh, under the Penalty of Ten Shillings, Proclama- 
 tion Money, befides Cofts, for each and every Veflryman fo refufing or neglect- 
 ing ; to be levied, by a Warrant from under the Hand of one or more Juftices of 
 the Peace of the County of Chowariy upon the Goods and Chatties of each and e- 
 very Veftryman fo off'ending ; to be by the aforefaid Commiffioners applied to 
 and for the Ufe of the faid Church. 
 
 C H A P. IV. 
 
 An AB, for the further and better Regulation of the Town called Wilr 
 mington, in New-Hanover County ; and to efiablijlo the Church of the 
 Parijh of St. James, to be built in the faid Town. 
 
 I. TTrHEREASitis found, by Experience, that the ere<5ling of a Village preamble 
 
 y Y formerly called Nezvton, into a Town and Townlhip, by the Name of 
 JVilmington, has greatly promoted the Trade and Interefb, and contributed to the 
 Eafe and Conveniency of the Inhabitants of the Counties of New-Hanover^ Bla- 
 den, and O'ijlotv : And whereas feveral Difputes have arifen, about the Validity 
 of an A6b of Aife-mbly, intituled. An Act, for erecting the Village called Newton, 
 i?i New-Hanover County, into a "Town and Townfhif, by the Name of Wilmington, 
 and for regulating and afcertaining the Bounds thereof, which was ratified by the 
 Governor in the laft Seilion of the General AfiTembly, held at Newbern -, which 
 Difputes have raifed Doubts, and* much perplexed the Minds of feveral of the 
 Inhabitants of the faid County of New-Hancver : For removing of which, and 
 for quietting the Minds of the faid Inhabitants, and for the further and -better 
 Encouragement and Regulation of the faid Town ; 
 
 II. WE pray that it may be Enaded, And be it Enacted, by his Excellency ^nrhingshere, 
 Gabriel Johnilon, Efq; Governor, by and with the Advice and Confent of his Ma- £g ^Tlht' 
 jefty^s Council, and General Affembly o^ this Province, and it is hereby Enacted, , by Town, declared 
 the Authority of the fame. That every A6t, Matfer, and Thing, done, a<fl:ed, and ''*''^' 
 performed by the Inhabitants of the faid Town, or by the Juftices and Freemen 
 
 of New-Hanover County, or by the Churchwardens and Veftrymen of the faid* 
 County, and every of them, iliall be deemed valid and good, notwithftandino- 
 any real or pretended Defed: in the Manner of pafling the faid Ad j and that by 
 Reafon of the Removal of the County Court of New-Hanover from a Village 
 called Brunfwick, in that County, to the faid Town of Wilmington, no Caufe, 
 Suit, Plaint, or other Matter, of what Nature or Kind foever, which was or is 
 depending in the faid Court, fhall be deemed or held to be difcontinued or aba- 
 ted ; but on the contrary, the Juftices of the faid Court Ihall proceed, and have 
 Jurifdidtion, to try and determine the fame, at the faid Town of Wilmington. 
 
 III. ANJ> he it further Enabled, by th^ Authority aforefaid. That the Burgefs Bureeft eieaed 
 deded by the Inhabitants of the faid Town, by Virtue of the faid Ad, Ihall be f ' 'n^'ASmbw' 
 deemed to be duly eleded, and qualified to fit and vote in the General Affembly '"" **" ' 
 of this Province, fo long as this prefent General Affembly IhaU continue. 
 
 F f IV. AND 
 
114 
 
 L A JV S of North -Carol I N A. 
 
 IV. AND be it further Enacted, by the Authority aforefaid. That the Court of 
 New-Hano'ver County, and the Eleftion of Reprefentatives for the faid County, to 
 fit and vote in the General Affembly, and the Eledion of Veftrymen for the Parifh 
 bfhera anf made of Saint James, in the faid County, and all other Public Elections for the faid 
 xx.mimington. County of New-Hanover, for the faid Parifh called Saint James* % Parifh, and for 
 the faid Town of IVilmington, and every of them, of what Nature or Kind foever, 
 fhall be held and made in the faid Town of JVilmington, and at no other Place • 
 whatfoever. 
 
 The Aft for re- V. A N D be it further EnaEted, by the Authority aforefaid. That each and eve- 
 ^'f '"rei^in '*"' ^7 Claufc of an A(5b, intituled, Ah Act, for Regulating Veftrics in this Government, 
 and for the bettr infpecting the Veflrymen and Churchwardens Accounts of each and 
 every P,arifh in this Government, paffed in the Year One Thoufand Seven Hundred 
 and Twenty Nine, or any other Acl or Claufe of an Aft of this Province whatfo- 
 ever, which direds the Courts and Eledions of the faid County, and the Church, 
 Court-houfe, and Goal of the faid County of New-Hanover, and Saint James'^ 
 Parifli, to be held or built at a Place called Brunfwick, be and is hereby Repealed. 
 
 inn»bk,nu of VL A N D be it fufther Enacted, by the Authority aforefaid. That the Inhabi- 
 TTlZ"J\o tants of the faid Town of f^ilmington, and of the County adjacent, cjualified, ac- 
 th" General Af- cording to the Dire6tions of this Aft, fhall, for ever, have the Privilege of fend- 
 ftmbiy. -j^g ^ Burgefs to the General Affembly of this Province, therein to confult and 
 
 vote, in as ample Manner as any Reprefentative of any County or Town of this 
 
 Province. 
 
 tranfafting BuA- 
 Heft at Bruit- 
 (toick, refsaled 
 
 Who fiiall be 
 Voters. 
 
 Who may be i 
 Reprefentative. 
 
 VII. A N D for afcertaining the Method of chufing the Burgeflfes or Reprefen- 
 tatives of the faid Town, Be it Enacted, by the Authority aforefaid. That every 
 Man who fhall be a Tenant of a Brick, Stone, or framed habitable Houfe, of the 
 Length of Twenty Feet, and Sixteen Feet broad, within the Bounds of the faid 
 Town, who, on the Day of Ele6tion, inhabits, and for Three Months next be- 
 fore, inhabited fuch Houfe, fhall have a Vote in'eleding the Reprefentative of the 
 faid Town, to be fent to the General Affembly ; and in Cafe there fhall be no Te- 
 nant of fuch Houfe qualified to vote as aforefaid, that then, and in that Cafe, the 
 Perfon truly and bona fide feized of fuch Houfe, in his own Right, either in Fee- 
 Simple, Fee-Tail, or for Term of Life, fhall be intituled to vote for the faid 
 Reprefentative. 
 
 VIII. A NT) be it further Enacted, by th^ Authority aforefaid. That every Man 
 who, on the Day of Eleaion, and, for Three Months next before, fhall be an In- 
 habitant of a Brick Houfe, of the Length of Thirty Feet, and Sixteen Feet broad, 
 between the Bounds of the faid Town, upwards, and Smith Creek, and within 
 One Hundred and Twenty Poles of Cape-Fear River, fhall be intituled to have a 
 Vote in the Eleftionof the Reprefentative of the faid Town oi ^ilmingtoH, (un- 
 lefs fuch Inhabitant be a Servant) and fhall enjoy all the Rights, Privileges, and 
 Immunities, that any Inhabitant within the faid Town fhall be intituled to, by Vir- 
 tue of this A6t. 
 
 . . IX. AND be it further Enacted, by the Authority aforefaid. That no Perfon 
 fhall be deemed qualified to be a Reprefentative of the faid Tov/n, to fit and vote 
 in the General Affembly, unlefs, on the Day of Eledion, he be, and for Three 
 Months next before, was truly and bona fide feized, in his own Right, m Fee- 
 Simple, or for Term of Life, of a Brick, Stone, or framed habitable Houfe, with- 
 in the Bounds of the faid Town, with one or more Brick Chimney or Chimneys, 
 or of a Brick Houfe, of the Length of Thirty Feet, and Sixteen Feet broad, be- 
 tween the Bounds of the faid Town, upwards, and Smith Creek, and within One 
 
 Hundred and Twenty Poles of Cape-Fear River. . ..r ^ 
 
 ^ ^ X. A N D 
 
L A TV S c/' North-Carolina. 115 
 
 A. D. 1740. 
 
 X. A N D whereas the Town of IVilmingtoriy by Reafon of its Scituation and ^"""^ 
 Navigation, is the moft cen:j-al and convenient Place within the Diftrid of Port 
 Brunfwicky both for Exportation and Importation of Goods \ 
 
 XI. B E it therefore Enacted^ by the Authority aforefaid. That the CoUeftor of offices to be he!<i 
 his Majefty's Cuftoms, and the Naval Officer of Port Brunfwick, fhall always keep •" ffi^i"^'"- 
 and execute their refpediive Offices in the faid Town of IVilmington, until his Ma- 
 
 jefty fliall be pleafed to give his Direftions to the contrary ; and likewife, that the 
 Clerk of the County Court of New-Hanover, and the Regifter of Conveyances of 
 the faid County, fhall, for ever, hold and execute their refpedive Offices in the 
 faid Town of JVdmngton : And that if any of the faid Officers negled: or refufe fo 
 to do, each of them fo neglecfling or refufing, fliall, for every Week he fhall be 
 a Delinquent, forfeit and pay the Sum of Thirty Shillings, Proclamation Money; 
 to be recovered by any Perfon who fhall fije tor the fame, in the County Court of 
 New-Hanovery by Action of Debt, Bill, Plaint, or Information; One Half to fuch 
 Profecutor, and the otlier Half for the Commiffioners, who are or fhall be ap- 
 pointed for regulating the faid Town ; to be applied for the Benefit of the faid 
 Town. - • 
 
 XII. AND he it further Enacted, hy the Authority, aforefaid. That the Church church to y _ 
 of the Parifh of St. James, in New-Hanover County, fhall be built in the faid J,J„'„" 
 Tov/n oi fFihnington ; and all Sums of Money already raifed, or which fhall be 
 
 hereafter raifed, by Levies, on the Inhabitants of the faid Pariffi, for building a 
 Parilh Church, fhall be employed to build a Parifh Church in the faid Town. 
 
 XIII. A N D for the better regulating the faid Town of IFilmington, Be it fur- commiffioners 
 ther Enacted, by the Authority aforefaid, I'hat until Commiffioners fhall be eleded app^'i"'*''' 
 and appointed, as herein after directed, Robert Halton, James Murray, Samuel 
 Woodward, Richard Eagles, John Porter, William Paris, and Robert Walker^ 
 
 Efqrs. arc hereby eftablifhed, appointed, and continued Commiffioners for the 
 faid Town; and the faid Commiffioners, or a Majority of them, ffiall have and 
 be invefled with all the Powers and Authorities within the Bounds of the faid 
 Town of Wilmington, (except as to the felling any Lot or Lots in the faid Town) 
 in as full and ample iVdanncr, as the Commiffioners for the Town of Edenton have 
 and pofTefs, by Virtue of any Law heretofore pafTcd. 
 
 XIV. AND be it further Enacted, hy the Authority aforefaid, .That the Inhabi- Method of eiefl., 
 tants r,^ tne faid Town, and Parts adjacent, qualified to vote for the Reprefentative ^^e Commiflion. 
 of the faid Town, fhall, on the Firft I'uefday in April next, after the paffing of this 
 
 A£t, and on the faid Day in each and every Year after, affemble in the Court- 
 houfe in the faid Town, and fhall then and there, in the Prefence of any Perfon • 
 that they the Inhabitants and Electors, or the Majority of "them, ffiall appoint to 
 take the Poll, eledt Five Men, out of which Number the Governor or Comman- 
 der in Chiet lor the Time being is hereby impowered to appoint Three Commif^ 
 fioners ; and the faid Three Commiffioners fo elefted and appointed, or the Majo- 
 rity of them, ffiall be invefted with the fame Powers and Authorities of the StYtn. 
 Commiffioners before nominated. 
 
 XV. PROVIDED always. That nothing in this Ad, or any other Aft, NoPow«r««fBH 
 fhall be taken or conftrued, to be a Power given to the faid Commiffioners, to ^^^" 
 grant, fell, or difpofe of Lots, or any Parcel of Land, within the Bounds of the 
 
 faid Town of Wilmington. 
 
 XVI. AND he it further Enacted, hy the Authority aforefaid. That the Two Former TmifM 
 Taxes of Five Shillings, Current Bills, p^r Poll, which were laid on the Inhabi- b»i''»i»««c,.Tt, 
 
 tants 
 
ij6 LAWS 0/ North-Carolina. 
 
 A. D 
 
 ''■^o tants or the faid County of New-Hanover, by the Juftices of the faid County, at 
 
 ' tht Court held at Brunfwick, on the Eleventh Day of December \z% to be levied 
 
 towards l^f.idtg by .the SherifF, between the Firft Day of January, and the Firft Day of March, 
 
 a Goal, and fi- j ^^ ^.j^g Ycars One Thoufand Seven Hundred and 1 hirty Nine, and One Thoufand. 
 
 c'^'t-hcal'fa in Stvtu. Hundred and Forty, Five Shillings ^^r Poll, in each Year, in Order to 
 
 Wdmingt'.n. j^^j-|j ^ Court-houfc and Goal for the faid County, at Brunfwick, fhall be, and 
 
 are hereby appropriated for building a Goal in the fliid Town of Wilmington, and 
 
 toward finilhing the Court-houfc already begun in the faid Town; and that the 
 
 • Orders which the Juftices of the faid County have made, and fhall make, for the 
 
 compleat levying the faid Taxes, for the Payment and Application of the fame, 
 
 according to the Intent and Meaning of this Ad, fliall be binding on all and every 
 
 Perfon and Perfons coiicernedo 
 
 Tswn Boundj. XVII. A ND he it further Enacted, That the Bounds of the Town of Wil- 
 mington, fhall be, and are circumfcribed in Manner following ; that is to fay,: To 
 the Northward, by the Lands of His Excellency the Governor, upwards, and 
 below, to the Southward, by the Lands of Michael Dyer -, to the Weftward, by the 
 Northeii/i Branch of Cape-Fear River ; and to the Eaftward, by a Line drawn 
 between the faid Lands of the Governor, and Michael Dyer^ One Hundred and 
 Twenty Poles diftant from the River. 
 
 CHAP. V. 
 
 An AB, to ejlablip and confirm John Hodgfon, Efq-, Treafurer of th 
 Counties herein after mentioned, DBS. 
 
 CHAP. VI. 
 
 Re 
 
 pealed by his j, ^^ f^ appolnt abk and fkilful Clerks, for the feveral County Courts 
 
 Majtfty s Order, •*■*'* ■'* > Jrr , ^ i i n • J r JT t i.' j.1 
 
 in couneu. within thts Province, and for the better jecuring and Jaje-keeptng the 
 
 Records of the fame. 
 
 CHAP. vn. 
 
 An A6i, for the more effeSiual EJiabliping a Ferry from Bath-Town, /* 
 Core-Point, ^w^/ri?;^ Core-Point, i'o Bath-Town j and Jor f)reventtng 
 any other Ferry within Ten Miles of the faid Town of Bath, or Core- 
 Point, on the fame Sides of the River. 
 
 Private. I. f X 7" H E R E A S the Ferry from Bath-Town, to Core-point, and from Core- 
 
 VV pointy to Bath-Town, hath been, to the great Damage of the Inhabi- 
 tants of 2?^/;&-r<j«;;7, removed from the faid Places : And whereas the Penalties 
 - mentioned in the Ad of Affembly, intituled. An A£t, concerning the Roads and 
 Ferries, are found infufficient to deter evil difpofed Perfons from ferrying over 
 within the Diftance prefcribed by the faid Ad: Wherefore, for the further En- 
 couragement of the faid Town of 5^/-6, and 10 prevent the remoying the Ferry, 
 from the faid Town of Bath^ and Core-pint j it W F 
 
L A IV S of North-Carolina. u? 
 
 A. D. 1740- 
 
 IT. WE pray tiiat it may be Enadled, And be it Ena^ied^ by his Excellency Ga- 
 briel Johnfton, Efq-, Governor^ by and with the Advice and Confent of his Majefty*s 
 Council, and General Affemhlj of this Province^ and it is hereby Enacted^ by the 
 Authority of the fame. That the Juftices for the CoLinty of Beaufort, fhall, at their 
 n?xt Court fo be held for the faid County, after the Ratification of this Adt, nomi- 
 nate and appoint fome good and able Perfon, Inhabitant of the laid Town, to 
 keep the FeVry from Bath-1'own, 10 Core-point ; and alfo, foaie other able Perfon, 
 to keep the Ferry from Core-point, on the South Side of Pamptico River, to Bath- 
 fown : Which faid Perfons io appointed, refpedively, fhall enter into Bond, to 
 the Juftices of the faid Court, to keep a good and fufficient Boat and Attendance, 
 in Order to tranfport Paflengers and Horfcs over the faid River, with fuch Regu- 
 lations as by the laid Court Ihall be judged convenient. 
 
 III. A N D for the more eftedlual detering any Perfon from ferrying Pafifengers 
 over the faid River, within Ten Miles of the aforfaid Places, on each Side the faid 
 River, // is hereby further EnaSled, by the Authority aforefaid. That any Perfon 
 or Perfons, ferrying over any Perfon or Perfons, Horfe or Horfes, within Ten 
 Miles of the faid Places, on each Side the River, for which he or they fhall receive 
 
 " a Reward, under any Denomination whatfoever, he, Ihe, or they, fo oflft-nding, 
 fhall, for each Offence, forfeit and pay the Sum of Five Pounds, Proclamation 
 Money -, One Half to the Ufe of the Parilh, the other Half to. the Perfon who fhall 
 fue for the fame, by Aftioh of Debt, Bill, Plaint, or Information, in any Court 
 of Record in this Province -, wherein no EfToign, Protection, 'Injundion, or Wager 
 of L aw, fhall be allowed or admitted of. • ■ 
 
 IV. PROVIDED always. That this Ad, nor any Claufe or Article herein 
 contained, fhall be in Forge, fp as any Perfon fhall incur any Penalty by the farhe, 
 until a Road fhall be cleared and made paffable, according to Law, from Core- 
 point, into the main Road leading by Rigney^sQudXt^v, to New-River, at the Ex- 
 pence of the Perfon who fhall be appointed to keep Ferry at Core-point ; which 
 laid Road, whenfo made, fhall afterwards be maintained and repaired by the Pub- 
 lic ; and until a convenient Houfe is built, fit to entertain Travellers, and fufficient 
 Boats and Canoes built and provided, for tranfporting Men and Horfes over the 
 faid River, to be approved of and allowed by the Juflices of the County Court 
 of Beaufort. 
 
 CHAP. VIII. 
 
 An AB, to enable the Parijh of St. Andrew'5, in Tyrell County, and the 
 Southwefl Parijh of Fafquotank County, to eledi Vejiries. O B S. 
 
 CHAP. IX. 
 
 An ASi, to exempt the Inhabitants of Bath-Town from working on the 
 Public Roads.^ and to oblige the faid Inhabitants to clear and keep the 
 Streets of the j aid Town clear and in good Order. 
 
 I. TTTHEREAS there is no Provifion made by any Law of this Province, priwt*. 
 
 V V to oblige the Inhabitants of Bath-Town to clear, and keep clear, the 
 Streets of the faid Town : 
 
 G e II. WE 
 
ii8 ** LAWS o/'North-Cahqlina. 
 
 IL W E pray that it may be Enaded, And he it Ena£led^ by bis Excellency Ga- 
 briel Johnfton, jE/jj Governor^ by and with the Adijice and Confent of his Majejly's 
 Council^ and the General Affembly of this Province^ and it is hereby Ena^ed, by 
 the Authority of the famc^ That from and after the Ratification of this Ad, it 
 fhall and may be lawful for the Juftices of the County of Beaufort^ Yearly, to 
 appoint fome proper Perfon, Inhabitant of the faid Town, Overfeer of the fame ; 
 which Overfeer fo appointed, fhall, as often as there (hall be Occafion, fummons 
 the Male tithable Inhabitants of the faid Town, to clear the Streets thereof, and 
 remove any Nufance or Nufances within' the faid Town : And if any fuch Male 
 tithable Inhabitant fhall fail or refufe to appear, on fuch Summons, and work in 
 the faid Town, at fuch Times and Places as the faid Overfeer fhall direft, fuch 
 Perfon fo negledling or refufing, fhall forfeit and pay the Sum of Two Shillings 
 tn.d Six Pence, Proclamation Money, for every Day he fhall fo negled or refufe ; 
 to be recovered by a Warrant from any Juflice of the Peace of the faid County, 
 and applied to the Ufe of employing Perfons to work, and keep the Streets of 
 the faid Town clear and in good Order. 
 
 III. AND be it further Ena^ed, by the Authority aforefaid. That the faid In- 
 habitants fhall be, and are, for the' future, exempt from working on any of the 
 Public Roads within this Province, out of the Limits of the faid Town. 
 
 CHAP. X. 
 
 An AB, to -enable the 'Jujlices of Tyrell County^ to build a Warehoufe on 
 Scopernongs, ^r receiving of his Majejly's ^it-Rents. 
 
 Privite. j_ ▼'TTHEREAS a Warehoufe, for the Receipt of his Majefly*s Quit- 
 
 VV Rt-'nts, was, by an Adt of AfTembly, intituled. An A^^ for providing 
 his Majefiy a Rent-RolU for fecuring his Majefty'*s ^it-Rents, for the Remijfion 
 of Arrears of ^it-Rents, and for quieting the Inhabitants in their Pcffeffions ; and 
 for the better Settlement of his Majeflfs Province of North-Carolina, dire'fled to 
 be built at Jofeph Spruel's Landing, on Scopernongs River, in Tyrell County, for 
 Receipt of his Majefty's Quit-Rents, payable in the faid County •, to which Place 
 no Pettiagua or other Veffel capable of carrying any Commodities can go, which 
 renders the faid Place very inconvenient for the Receipt of the Quit-Rents : And 
 whereas the Place called Samuel Spruel's Landing, on Scopernongs, in the faid 
 County, is a Place to which any Sloop can go, and is likewife a convenient Place 
 for the Inhabitants of the faid County to pay their Quit-Rents at y 
 
 II. W E pray that it may be Enafled, And be it Ena^ed, by his Excellency Ga- 
 briel Johnfton, Efq-j Governor, by and with the Advice and Confent of his Majefty*s 
 Council, and the General Affembly of this Province, and it is hereby Enacted, by 
 the Authority of the fame. That the Juftices of Tyrell County, inftead of build- 
 ing a Warehoufe at Jofeph Spruel's Landing, fhall caufe the Warehoufe by the 
 aforefaid A61 direfted to be built at Jofeph Spruel's Landing, for Receipt of his 
 Majefty's Quit-Rents, to be built at Samuel Spruel's Landing aforefaid, on Sco- 
 pernongs, in the faid County of Tyrell: And the Juftices of the faid County are 
 hereby direcled to caufe the faid Warehoufe to be built at the faid Place, and to 
 lay a Levy, and to apply the fame towards building the faid Warehoufe, and to 
 purchafe Land to build the fame on> agreeable to the Power to them given by the 
 aforefaid Ad of AfTembly. 
 
 CHAP. 
 
LAWS cf N ORT h-Car o l i n a. 119 
 
 A. D. 1740- 
 
 C H A P. XL 
 
 jin A^, to enable the CommiJJiohers herein after namedy to build a Bridge 
 §ver Levingflon'^ Creeky between New-Hanover and Bladen Counties. 
 
 O B S. 
 
 CHAP. XII. 
 
 An ASf, for the better remlatin^ the Militia of this Govermnent. R^p- "^y ^% 
 
 * -^ i> <:> J j^„e 2%, 1746, 
 
 Chap. X. 
 
 CHAP. XIII. 
 
 • 
 
 An Aol, for granting an Aid to his Majejiy\ to defray the Expences of 
 tranfp07'ting the federal 'Troops inlifted in his Majejifs Service in this 
 Colony y and to afcertain the Method of paying all Taxes and Levies in 
 Comtnodities ; and for other Purpofes therein mentio?ted. 
 
 I. "\7[ r H E R E A S his Majefty hath been pleafed to lend Inftrudions to the This Aa obfa. 
 ■ VV Governor of this Colony, to inlift Men in his Majefty's Service, and ^Z\lTlTt^^ 
 afterwards, to tranfport them, at the Expence of this Colony, to the fVeJi-tndies, M=thod of p^y- 
 there to join other Troops of his Majelly, fent thither upon an Expedition in- DeUs.^*" *" 
 tended againft the Spaniards -, and this AfTembly being defirous of fhewing their 
 Loyalty and Duty, and taking into Confideration the moft effedtual Ways and 
 Means to raife Money to defray the Expences of tranfporting the faid Troops in- 
 lifted here, to the JVeJl-IndieSy find, that the Poverty of the People of this Pro- 
 vince renders it imprafticable to colled: a Levy in Money, humbly reprefent un- 
 to your Majefty, that laying a Levy to be paid in the Commodities of the Coun- 
 try, will be the only effeftual Expedient for raifing a Fund to anfwer the prefent 
 ' Service : Wherefore, 
 
 n. W E pray that it may be Enaded, And be it Enacted, by his Excellency 
 Gabriel Johnfton, Efq; Governor^ hy and with the Advice and Confent of his Ma- 
 jejly^s Council, and General AJfembly of this Province, and it is hereby Enacted, by 
 the Authority cf the fame. That Three Shillings,* Proclamation Money, for One 
 "Year, next after the Ratification of this Adl, be paid, for every Tithable within 
 this Province : Which Levy fhall be paid in the Commodities hereafter mentioned, 
 at the Rates following ; that is to fay, Tobacco, pr Hundred, Ten Shillings ; 
 Rice, per Hundred, Seven Shillings and Six Pence, for that Part of the Province 
 only heretofore known by the Name of Bath County ; Indian-6xt^ Deer-Skins, 
 not weighing lefs than One Pound each Skin, Two Shillings and Six Pence the 
 Pound ; Bees- Wax, at Ten Pence Half Penny per Pound ; Tallow, at Four 
 Pence per Pound ; Pork, in good tight Barrels, dry faked,, each Barrel contain- 
 ing Two Hundred and Twenty Weight, at One Pound Seven Shillings per Bar- 
 rel •, Beef, in good tight Barrels, dry faked, each Barrel containing Two Hun- 
 dred and Twenty Pounds, at Seventeen Shillings and Six Pence per Barrel. 
 
 III. AND be it further Enacted, hy the Authority aforefaidy That the Inhabi- 
 tants of that Part of the Province heretofore called Albemarle County, fhall pay 
 the aforefaid.Levy in the aforefaid Commodities, or by Bills of Credit, at the 
 Rate of Seven Pounds Ten Shillings for every Twenty Shillings Proclamation 
 
 Meney, 
 
1 20 L A JV S O/' N O R T H - C A R O L I N A. 
 
 "V" 
 
 740 Money, at one of the Warehoufes in their refpedive Counties, appointed for the 
 Receipt of his Majefty's Quit-Rents, to the Ir'erfon or Ferfons appointed by Vir- 
 tue of this A(ft, within the laft Ten Days of the Month of November^ and the 
 laft Ten Days of the Month of January, then next enfuing, (Beef excepted, which 
 fhaU be paid and received in Satisf adion of the aforefaid Levy within the laft Ten 
 Days of November only i ) for which the Infpedor fhall give a Receipt to "the 
 Perfon or Perfons bringing the fame. 
 
 IV. AND be it further EnaEled, by the Authority aforefaid. That each Perfon 
 of the aforefaid Province, who fliall negled or refufe to pay the aforefaid Levy, 
 in Manner aforefaid, and fliall be in Arrear on the Firft Day of February next, af- 
 ter the laft Day of Payment, fuch Defaulter ihall be liable to double Diftrefs •, to 
 be levied upon his Goods and Chattels, together with Cofts and Charges, by the 
 SherifFof the County within which fuch Delinquent inhabits. 
 
 V. AND he it further Enabled, by the Authority aforefaid. That the Juftices 
 of each County in the aforefaid Diftrid, formerly called Bath County, fhall, at 
 the Firft County Court which fhall be helc^ in the feveral Counties within the afore- 
 faid Diftrid, after the Ratification of this Ad, lay 'a fuflicient Levy upon the In- 
 habitants of their County, not exceeding One Shilling, Proclamation Money, per 
 Tithable, for defraying the Charges of building or hireing a fubftantial Warehoufe, 
 at the moft convenient Landing, upon a navigable River, within their County, 
 and fhali, with fuch Levy, on or before the Fitteenth Day of November next, af- 
 ter the Ratification of this Ad, build or hire a fubftantial Warehoufe for the fafe- 
 keeping of the aforefaid Levy, and all other Levies now laid, or hereafter to b» 
 laid : And in Cafe the foid Juftices fliall refufe or negled fo to do, each Juftice ^o 
 refufing or negleding, fhall forfeit and pay, to his Majefty, the Sum of Five 
 Pounds, Proclamation Money ; to be recovered in any Court of Record in this 
 Province, to be applied in building a Warehoufe in the faid County. 
 
 VI. AND be it Enabled, by the Authority aforefaid. That John Hodgfon, and 
 John Montgomery, Efqrs. Thomas Hunter, John Blount, PFi/liam Paris, and George 
 Roberts, Gentlemen, be, and are hereby appointed Commifliontrs, and they, or 
 the Majority of them, are hereby authorized to hire VefTels, and buy Provifions, 
 and all Things necelTary, for vidualing and tranfporting Four Hundred Men to 
 the JVeft-Indies ; and to defray the Charge thereof, the faid Commiflloners or the 
 Majority of them, arc hereby impowered to receive, of the Infpedors who fhall be 
 appointed to receive the aforefaid Levy, all the Money and Commodities they 
 fhall receive in Satisfadion thereof, and to fell and difpofe of the Commodities 
 as they fhall think proper.; and the fiiid Commiflaoners fhall account with the Ge- 
 neral AfTembly of this Province for all the Money and Commodities they Ihall re- 
 ceive, and fliall be allowed for their Trouble and reafonable Charges by the Ge- 
 neral AfTembly •, and what Surplus fliall remain, fhall be applied by the General 
 AfTembly towards defraying the contingent Charges of Government : And each 
 and every Infpedor is hereby direded to keep Account of all Money and Quanti- 
 ty of Commodities they fhall receive, and of whom, in Satisfadion of the afore^ 
 faid Levy, and fhall, on or before the Firft Day of March, next, after the Rati- 
 fication of this Ad, account with, and pay to the CommilTioners, all the Money 
 and Commodities he or they fhall receive, or give his or their Notes for, in Cafe 
 the faid Commiflloners do require the fame ; and each Infpedor who fhall refufe 
 or negled fo to do, within the aforefaid Time, fliall forfeit and pay the Sum of 
 One Hundred Pounds, Proclamation Money, to the Ufe of his Majefty ; to be 
 recovered, in any Court of Record in this Province, by Adion of Debt, Bill, 
 Plaint, or Information, and to be applied, by the Governor^ or Commander in 
 Chief for the Time being, for repairing the V/arehoufc or Houfes, and defraying 
 Other incident Charges, where fuch Delinquent fliall be Infpedor. 
 
 VII. AND 
 
Z,v^//^ .So/" North-Carolina. 121 
 
 A. D. i?"}©, 
 
 VII. AND whereas the great Scarcity of Money renders it, at prcfent, ex- p,eambie. 
 treamly difficult for the Inhabitans of this Province to pay the i'ubUc, County, 
 and Parilh Levies already impofed ; and as the Paper Bills of Credit will be current 
 only till November, One Thoulcind Seven Hundred and Forty Four, when they 
 will expire, and it will therefore be impoflible for the Inhabitants of this rrovince 
 to pay any Levies or Taxes whatfoever, or any Fines and Forfeitures, unkfs the 
 Commodities of the Country be accepted in Difcharge thereof, according to the 
 Ufage and Cuftom of fome of our neighbouring Colonies ; 
 
 VIII. W E pray that it may be Enacted, Jnd be it Enacted, by the Authority ^e^^^s to be paid 
 aforefaid. That all Public, County, and Parilli Levies, already impofed, and which 
 
 fhall be due and payable after the Ratification of this Acl, and which fliall hereaf- 
 ter be laid and impofed on the Inhabitants of this Province, fhall be paid in the 
 Commodities as rated in this Aft, in Manner following ; that is to fay. Every 
 Perfon paying any Commodities in Difcharge of fuch Levies, Ihall carry the fame 
 to the Infpedior of one of the Warehoufes in the County where he refides, at the 
 Times before mentioned for Payment of the Levy by this Ad: impofed, to be re- 
 ceived and examined, as is by this Ad: before expreffed and dircded. 
 
 IX. AND be it further Enacted., by the Authority aforefaid. That if any Per- Where Difputes 
 fon fhall tender any of the Commodities herein mentioned in Difcharge of the Le- c'mmodi°tie3''not 
 vy by this Ad laid, or any other Levies or Taxes, and a Difpute (hall arife whe- *> m merchant- 
 ther the fame be good and merchantable, the Party tendering the fame may apply \^^^ {"^ War- 
 to a Magiftrate in the County, who is hereby impowered and direded to grant ram to a cmfta- 
 his Warrant, direded to any Conftable or other lawful Officer, to fummons Two 2 Freehoiderrto 
 fkilful Freeholders, who, upon their Caths, fhall view and examine the famej 'determine it. 
 and if fuch Commodity fo tendered be adjudged good and merchantable, then the 
 •Infpedor fhall receive the fame ; and in that Cafe, the Juftice granting fuch War- 
 rant, and the Officer executing it, fhall not charge the Infptdor, or any other, 
 
 any Coft, and if paid in Difcharge of the Levy by this A61 impofed, fhall give a 
 Receipt for the fame -, and if in Difcharge of any other PubUc, County, or Parifh 
 Levy, then the faid Infpedor fhall give a Note for the fame, in Manner as here- 
 in after mentioned : But in Cafe fuch Comm.odity tendered, be, by the faid Free- p-rfons tendeiing 
 holders adjudged bad, and not found and merchantable, the Perfon fo tendering t,';''f^,f^J"ha1'fthe 
 the fame fhall forfeit Half the Value of fuch Commodity fo tendered, as rated by Vaiue, with 
 this Ad, provided the fame had been good, together with Cotls •, to be paid to *^®'*'' 
 the Churchwardens of the Parifh where fuch Commodity fhall be tendered, to be 
 applied to the Ufe of the faid Parifh, 
 
 "K. AND be it further Enabled, by the Authority aforefaid^ That every In- infpeaor to open 
 -fpector fhall, and is hereby authorized, to open every Hogfhead, Cafk, or Bar- cnmmndities, & 
 rel, and diligently view and examine the fame, and every Commodity fo deliver- *° ""^'^ '^'^'"* 
 ed j and if fuch Infpedor fhall think fuch Commodity tendered to be paid, is 
 good, found, well-conditioned, and merchantable, he fhall weigh the fame, with 
 Weights of the lawful Standard, or proved Stilliards, for Eighteen Months only, 
 after the Ratification of this Ad:, and fhall keep an exad Account of all fuch 
 Commodities by him received ; and when he fhall receive any Hogfhead, Cafk, ^|^Vwi"h'''h''^ 
 or Barrel, wherein is contained Tobacco, Tallow, Rice, or Bees-Wax, when the Name of the 
 fame fhall be allowed good and merchantable, and weighed by him, he fhall ^e'creft 'and*^ 
 ftamp every fuch Hogfhead, Cafk, or Barrel, with the proper Mark of the Nett Weight. 
 Warehoufe, or caufc the fame to be done, in the Prefence of the Perfon fo pay- 
 ing the fame \ and fhall alfo mark thereon, in like Manner, the Tare of the Hog- 
 fhead or Cafk, and the Nett Qiiantity therein contained. 
 
 H h XL ANB 
 
122 L A IV S of North -Carol I N A. 
 
 A. D. 1740. 
 
 li^Tra^sTo' 'tz ^^' AND be ii further Enacted, by the Authority aforefaid^ That if anyCom- 
 *r t.^ f.-r Cm- nibdity fliall be brought to any of the Warehoufes for Difcharge of any other 
 o^oduicsbythem p^bii^^ County, or Parilh Levies, than what is impofed by this Ad, the faid 
 Infpe<5tors, after they have viewed, examined, and weighed the faid Commodity, 
 fhail be obliged to deliver, to the Perfon bringing the fame, as many Promifory 
 Notes, under their Hands, as fhall be required, for the Quantity of Commodities 
 by themi-eceived, in which fhall be exprefled the particular Commodity by them 
 Notes to fs received ; which faid Notes Ihall be, and are hereby declared current and payable, 
 torrent. according to the Value of the Commodity exprefled therein, and fhall be transfera- 
 
 ble and deemed a Tender for Payment of all County and Parifh Levies, and like- 
 wife all t)ebts and Dues, in Manner as in this Aft is hereafter directed. 
 
 Sheriff' to flftend XII. A N t) be it further Ena5led, ly the Authority afore faid^ That the Sheriff 
 We' t^recdve of cvcry County fhall attend at the refpeftive Warehoufes in his County, at the 
 teviei. Times the Infpedor fhall attend, and receive all Public, County, and Parifh Le- 
 
 vies, (except the Levy which is hereby impofed, which fhall be paid to the In- 
 fpedors only, and they accountable to the CommifTioners,) which fhall then be 
 paid them in Infpedors Notes, current Bills, or Proclamation Money, by the 
 Perfons noe pay- perfons owing the fame •, and if any Perfon, chargeable with the Dues or Levies 
 fc"ir'''the hft " aforefaid, fhall negleft or refufe to pay the fame, on or before the laft Day of 
 januray. Sheriff January ^ Yearly, it fhall and may be lawful for the Sheriff or other Colleftor, 
 * ' '"* after the Tenth Day of February^ Yearly, to diftrain the Goods and Chattels of 
 the Perfon or Perfons fo negleding or refufing, and to fell and difpofe thereof, at 
 Public Vandue, for the Money, Tobacco, drefl Deer-Skins, Tallow, or Bees- 
 Wax, or any of them, after having given Notice Ten Days before fuch Sale •, and 
 the Overplus, if any, after paying the faid Levies and Dues, and the Charges of 
 Diftrefs, (which is hereby declared to be the fame as for ferving an Execution,) 
 Ihall be returned to the Debtor. 
 
 Shtrifif or Col. XIII. A N D be it further EnaSied, by the Authority aforefaid. That the Sherifs 
 l5fa"s°Nofes °o or other Colledors of the faid Levies, fhall, in one Month after the colleding and 
 the Petfons ap- recciving fuch Levies and Taxes, pay the Infpeftors Notes they lliall have re- 
 thimf deduatg ceived in Satisfadion thereof, after deducing Three per Cent, for colleding, to 
 ipcr'ccnt. the Perfons appointed to receive the fame-, to -wit, the Notes received for the 
 Parifh and County Taxes, to the Perfons appointed and impowered in the feveral 
 Counties and Parifhes to receive the fame, who fhall transfer the faid Notes to 
 any Perfon having any Demand in the Parifh or County ; and the InfpectorB Notes 
 ve^'p'id'^'to"the received for Difcharge of the Public Taxes, fhall be paid in Manner following ^ 
 Txeafurerj. that is to fay, the Sheriff of Craven^ Carteret, Onflow, New-Hanover^ and Bladetf 
 Counties, fhall pay all the Infpectors Notes by them received, and account with 
 Edward Mofeley, Efq; Public Treafurer for the faid Counties : And the Sherifs of 
 Chowan, Pequimons, Pafquotank, Currituck, Bertie, Edgcomb, Tyrell, Beaufort^ 
 and Hyde Counties, fhall pay all the Infpectors Notes by them or any of them re- 
 ceived, in Difcharge of fuch Levies, and account with John Hodgfon, Efq; Pub- 
 lic Treafurer for fuch Counties : Which faid Treafurers are hereby impowered and 
 directed, to transfer fuch Notes to any Perfon who have any Claim or Demand or» 
 the Public, for any Money payable out of fuch Tax or Levies. 
 
 XIV. AND whereas a Public Tax, for fupporting the contingent Charges of 
 this Government, is laid, at Five Shillings fer Poll, current Bill Money of thi» 
 Province •, to prevent Confufion in the Receipt of the fame, by Virtue of this Act, 
 
 ?/ Tm ''"'' ^^' ^ ^ ^^ Enacted, by the Authority aforefaid. That Eight Pence, Procla- 
 
 ** ^ '■ ' *' mation Money, fhall be deemed equal to the faid Plve Shillings, and^ be paid 
 
 itt Commodities, according^ t« the Intent of this Act -, and all Parilh ana County 
 
 Taxes* 
 
LAWS o/' North-Carolina. 123 
 
 Taxes, and all other Taxes, laid in Bills, (hail be paid and uifcharged in Com- f^_}^ 
 modities, as herein rated in Proclamation Money, Regard being hau to the L/if- Taces t>. b= paid 
 ference of Proclamation Money and Bills, in Value. in Commodims. 
 
 XVI. AND he it further EnaSted^ by the Authority aforefaid. That for every infpeftor to ai- 
 Hoo-fhead of Tobacco brought to any Warehoufe in good Caflc, ot the Dimen- furdfls!"" ^'''** 
 fions of Forty Eight Inches in Length, and Thirty 1 wo Inches in Width, at the 
 
 Heads, and containing, at leaft, Seven Hundred Weight of Tobacco, there Ihall 
 
 be allowed, by the Infpedor, to the Perfon bringing the fame. Thirty Pounds of 
 
 Tobacco for the Cafk j and alfo, there Ihall be allowed to the Infpcdtor, by the infpeanr to be 
 
 Perfon taking the fame away. Two Pounds of Tobacco tor every Hundred fo S^ttShniiE 
 
 paid aw ;y, and fo in Proportion for a greater or lefier Quantity, for Shrinkage ^gc 
 
 and wafting of the faid Tobacco, to be paid at any Time withm Two Months 
 
 after the Late of the Note given for the fame ; and One Pound /)<,t Hundred for 
 
 every Month after the fame fhall be unpaid after the faid Tat© Montns, and no 
 
 more, fo as the whole doth not exceed Six Pounds for every Hundred. 
 
 XVII. AND for the better enabling the Infpedors to deliver out Promifory 
 Notes, and to take Care of the Commodities to be brought to the Warehoufe, Be 
 
 it jurther Enamd, by the Authority aforefaid^ That the Infpedors Ihall be allow- Jj'if*d''"/°„^ 
 ed all reafonable Charges for providing printed Notes, and aifo tor finding Cafk, edNotes^ sf*. 
 Nails, and other Materials, for packing, prizing, and prefcrving fuch oi" the Com- 
 modities as require it j to be paid to them as hereafter mentioned. 
 
 refu- 
 
 deliver 
 
 XVIII. AND he it further Ena£fed^ hy the Authority aforefaid. That if any Y^^^°^ 
 Infpeclor mail neglect or retule to deliver, to any Perlon requiring the lame, any cmmcd ties, to 
 or the Commodities for which he hath given his Note, he fhall lorfeit and pay, y^iy^^"^"""* '^* 
 for every fuch Offence, to the Party grieved, double the Value of the Commodi- 
 ties demanded by fuch Note or Notes ; to be recovered by a Warrant from I wo 
 
 Juftices of the Peace of the faid County where fuch Perfon is Infpector, who are 
 hereby authorized to hear and determine the fame, and caufe iixecution to be 
 made. 
 
 XIX. P ROV ID E D always. That fuch Perfon or Perfons who is or are owners to take 
 poiTeired of any Notes, or who fhall have any Demancs on the i ubjic, to be paid ^'J''^|„^""™''',7 
 by the faid Notes, fliall take away all and fingular the Goods fpecified in any Note i, or' tViie "t 
 or Notes, on or before the Firil Day of April, in every Year ; or if liach Goods ^^^^^ own Rifk. 
 remain in the Warehoufe after that Time, it fhall be at the Rifque of the Perfon 
 
 or Perfons intituled to the fame, by Virtue of fuch Notes, or who have any De- 
 mands on the Public, payable out of fuch Taxes. 
 
 XX. PRO V ID E D alfo. That the Public Treafurers may, at any Time be- PubiicTreafureM 
 fore, difpofe of any of the Commodities paid in as aforefaid, tor the Public Tax, "^^v <'^'p."'"« °f 
 for Money, at the Rates herein before mentioned ; and all Commodities remain- anTrlme.'** * 
 ing in any of the aforefaid V/arehoufes after the Firft Day of yipril^ and after pay- 
 ing all Charges and Demands on the Public, payable out of the faid Tax, the 
 
 faid Treafurers may difpofe of the fame, at Vandue, to the higheft Bidder, firft 
 giving Ten Days Notice of fuch fale. 
 
 ^ XXL AND he it further Enabled, hy the Authority aforefaid, Thafthe Juf- juftice, to a^- 
 tices of each County, at the Court to be holden for each County next after the [n|j"tV,"'i',f^''^ 
 Ratification of this Act, fhall appoint one Infpector for each Warehoufe in each them for their 
 County, which Infpector fhall receive all the Commodities tendered to him in ni"'"/*""/*' 
 Difcharge of the Tax or Levy impofed by this Act, and account with the Com- 
 mifTioners and Treafurers herein before named for the fame, and fhall always re- 
 ceive the Commodities paid in Difcharge of the other Levies and Taxes, accerding 
 
124 LAWS (5/ North-Carolina. 
 
 A^ D 1740. to ti^e true Intent and Meaning of this Act, and Ihall agree with fuch Infpe6tor 
 V for their Salary ; and if the Juftices rcfufe or negled fo to do, each Juftice fo neg- 
 
 lefting or refufmg, fhall forfeit and pay, to his Majefty, Five Pounds, Proclama- 
 tion Lvloncy, to be applied, by the Governor or Commander in Chief, towards 
 Payment ot the Salary of the Infpedor ot th^t County, which fhall be afterwards 
 appointed by the Governor •, to be recovered, by any Perfon who fhall fue for 
 the fame, in any Court of Record in this Province, by Adion of Debt, Bill, 
 Plaint, or Information y wherein no Effoign, Protedion, or Wager of Law, fhall 
 be allowed. 
 
 j,,ftic« to lay a XXII. AND be it further Em£fed, hy the Authority aforefaid. That the Tuftices 
 
 Tax, not I'XCi-ed _ 1^-. \ r^ .it-»-- ■ ,- •' ^ ^ 
 
 ing , s. to build ot each County, at the Court next aker the Ratihcation of this Ad, and fo Year- 
 
 Warchoufes.Gf.. ]y^ fl^^n j^.^y^ Fowcr to employ Perfons to build Warehoufes, or make Additions 
 
 or Repairs to thofc already built, and fhall provide "Weights, Scales, and other 
 
 Neccflkries, and pay the Infpedors •, and to detray the Expences thereof, Ihall and 
 
 may lay a Levy, Yearly, on every tithable Perfon, not exceeding One Shilling, 
 
 Proclamation IVioney, per Tithable, to be paid and collcded by the Sheriff, in 
 
 Manner as all other Levies are, excepting the Levy laid by this Ad, for which the 
 
 siieriff allowed 3 Sht riff fhall be only allowed Three per Cent, for collecting: And the faid Juftices 
 
 {ttt.'g' """' ^^^ hereby impowered to turnout any Infpector or Infpectors, on Complaint, 
 
 juitices to turn g^d Prool of iViifbehaviour in his or their OfHces, and to appoint others in his or 
 
 cue Infpeaors. ^, . ■,, ^^ 
 
 their Ivooin. 
 
 infpea-r to t^ke XXIIL A N D he it further Enacted., hy the Authority aforefaid. That every 
 an Oath, to g.ve Perfon who fhall be appointed Infpector, fhall, before he enters upon the Execu- 
 tendai theWarll tion of his Office, take the following Oath, viz. That he will car.fuily view and 
 fcoufe. examine all Commodities brought to the" Warehoufe whereof he is Infprdor, and, 
 
 to the beft of his Skill and Judgment, not receive any Commodity in this Ad 
 mentioned, that is not found, well-conditiond, and, in his Judgment, merchan- 
 table, and faithfully difcharge the Duty of his OfEce, without Favour or AfFcdi- 
 on ; and fhall alfo enter into Bond, with good Securities, in the Penalty of Five 
 Hundred Pounds, Proclamation Money, payable to his Majefty, with Condition, 
 for the true and faithful Performance of his laid Office and Truft •, and fhall con- 
 ftantly attend at the Warehoufe under his Charge, at the Times in this Ad men- 
 tioned. 
 
 psnait)' an p«" XXIV. AND he it further EnaSfed, hy the Authority aforefaid^ That if any 
 f^^Oi.^xT^lKti' Perfon or Perfons fhall forge or counterfeit any Infpedors Note, or tender in Pay- 
 ment any fuch forged or counterfeit Note, or demand any Commodity of any In- 
 fpedor upon any fuch forged or counterfeit Note, knowing the fame to be fo, 
 he fhall be fined Fifty Pounds, Proclamation Money, ftand one Hour in the Pil- 
 lory, with his Ears nailed thereto, and cut off. 
 
 Accidents by F:re XXV. AND he it further EmHed, hy the Authority aforefaid^ That if any 
 
 by the'Affeinbly'! Warchoufc, or any Houfe wherein any Commodities arc lodgcd, payable by this 
 
 Ad, fhall accidentally be burnt, the Lofs fuftained thereby fhall be made good and 
 
 repaired by the General AfTembly, at the next Stflions after fuch Lofs, at the 
 
 Charge of the Public. 
 
 XXVI. A N D to enable the Inhabitants of this Province to pay Fines and 
 
 Forfeitures, and to relieve Debtors, as to the Imprifonment of their Perfons ; Be 
 
 Fines, F'^rf,-;- it Enabled., hy the Authority aforefaid^ That every Perfon who fhall be liable to 
 
 TTm °^n^ii''' P^y F^"e and Forfeiture, or Debts, due by Judgment, or againft whom Execu- 
 
 ^peftort Nutes. tion fhall iflue, for any Debt or Debts hereafter to be contracted, only Ihall and 
 
 may carry any of the Commodities in this Ad mentioned to a Public Warehoufe, 
 
 in the County where fuch Debtor has contraded fuch Debt, which Ihall, by Vir- 
 
 ' tuc 
 
LAWS ofNoRTH-CAROLINA. 1 25 
 
 tue of this Ad, be built or hired, and the Infpector fliall infpect the fame, in the f-J^ 2]'^^ 
 Manner by this Act directed, and if good, fliall depofite the fame in the Ware- ^■"""^^''-^ 
 houfe, and fhall give fuch Perfon a transferable Note, in the Manner directed to 
 be given by this Act, on the Receipt of Commodities for Public Levies •, which 
 Notes the Perfons intituled to have and receive fuch Fines and Forfeitures, or Per- 
 fons to whom Monies are due, on fuch Judgments, or from Perfons being in Ex- 
 ecution, as aforefaid, fhall accept, at the RatSf the Commodities mentioned in 
 fuch Note are valued at by this Aft ; and fuch Note tendered fhall be deemed a 
 fufHcient Payment of fuch Fine and Forfeiture, Judgment and Execution, as 
 aforefaid, as if made in Proclamation Money, Regard being had to the Exchange 
 betv/een Proclamation Money, and the Money to be paid by fuch Perfon who 
 tenders fuch Note ; provided fuch Note be tendered within the Time fuch Com- 
 modities are by this Adl to remain in the Public Warehoufes. 
 
 XXVII. PROVIDED always. That nothing in this Ad fhall extend to ^J^;!i ^1 ,%\ 
 intitle Ofhcers to take higher Fees than heretofore, but the fame fhall be taken at 
 
 the Rate of Four for One, in Bills, from the Table of Fees, when paid in Bills, 
 or may be paid in Commodities by Infpedors Notes, as rated in this Ad, in Bills, 
 as Four bares in Proportion to Seven and a Half, until the fame fhall be further 
 regulated by an Ad of AfTembly. 
 
 XXVIII. PROVIDED alfo. That nothing in this Ad fhall extend to effed 
 the Loan Money j but the fame fhall remain as before the pafTing of this Ad. 
 
 S I G N E D by 
 
 Gabriel Johnston, Efq; Governor, 
 
 William Smith, Prefident, 
 
 John Hodgson, Speaker. 
 
 •y ^ ^ ^ W tg" 
 
 
 Anno 
 
L A IV S o/' North-Carolina. 
 
 Anno Regni 
 
 G E O R G I I II 
 
 Regis, Magudd Britannia, Francis, & 
 Hiberni^y Decimo Quinto, 
 
 127 
 
 A. D. 1/41. 
 
 
 c^^^qp^^>/^^'^'4:^'V>^^''4?-^P-^^P'^'^-P^Q^^ 
 
 At a General ASSEMBLY, held at Edentor/, the Fourth ga bb j^:, 
 Day o{ ^fril, in the Year of our Lord One Thoufand £iq}Goveinw. 
 Seven Hundred and Forty One. 
 
 C H A P. I. 
 
 Aft ABj concerning Marriages, 
 
 I. TT^ O R preventing clandeftine and unlawful Marriages, We pray that it may Minuter, or 
 JP be Enaded, And be it Ena^ed, by his Excellency Gabriel Johnfton, Efq; italJpeS. 
 Covernory by and with the Jdvice and Confent of his Majejiy's Council^ and the 
 General Affembly of this Province^ and it is hereby EnaBed^ by the Authority of the 
 fame. That every Clergyman of the Church of England, or for want of fuch, any 
 lawful Magiftrate, within this Government, Ihall, and they are hereby diredled, 
 to join together in the Holy Eftate of Matrimony, fuch Perfons who may lawfully 
 enter into fuch a Relation, and have complied with the Direftions herein after 
 contained. 
 
 II. AND be it further Enacted, by the Authority aforefaid. That no Juftice No juftice t* 
 of the Peace of any County in this Government, fhall join together in Marriage, Sert in the 
 any Perfons whofoever in any Parifh where a Minifter fhall refide and have a P""^, on Pca. 
 Cure, without Permiffion firft had and obtained from fuch Minifter ; under the °' ^ '' 
 I^enalty of Five Pounds Proclamation Money, to the Ufe of the Minifter. 
 
 III. AND be it further Enacted, by the Authority, aforefaid. That no Minifter No Mint 
 or Minifters, Juftice or Juftices of the Peace, within any of the Parifties of this K" ," 
 Government, ftiall celebrate the Rites of Matrimony between any Perfons, or <"• ''"^'i 
 
 .join them together as Man and Wife, without Licenfe firft had and obtained for ^T'^^'x, 
 that Purpofe, according to the Direftions of this Adt, or Thrice Publication of 
 the Banns, as prefcribed by the Rubrick in the Book of Common-Prayer ; And 
 
 if 
 
 'fler or 
 to marry 
 Licenfe, 
 or Publication of 
 Banns, on Pen* 
 
 1 
 
MinifVer going 
 
 128 L A I'f^S of ISloRTH-CAROLIii A, 
 
 A. D. i74t. if any Minifter or Minifters, Juftice or Juftices of the Peace, fhall, contrary to 
 the true Intent and Meaning of this A(5t, celebrate the Rites of Matrimony be- 
 tween any Perfons, or otherwife join them in Marriage, he or they fo offending, 
 Ihall forfeit and pay the Sum of Fifty Pounds, Proclamation Money •, to be re- 
 covered and applied as herein after is directed : And if any Minifter lliall go out 
 out of the Go. of this Government, and there, contrary to the true Intent and Meaning of this 
 mTr^n"g''pcrfons Aft, joltt together in Matrimony any Perfon or Perfons belonging to this Go- 
 of this Govern ■ vemment, without fiich Licenfe, or Publication of Banns, as is herein prefcribed, 
 Licenfe, wB^inns cvcry Minifter fo offending, fhalJ incur the fame Penalties and Forfeitures, as if 
 pubii(hed,t<>i.Kur j-]^e fanie had been done in this Government. 
 
 the fame Penulty. 
 
 Clerk or Reader IV. P RO VID E D alwdys, mid be it further Ena5led^ by the Authority afore- 
 B:ls?an?g,ve f^'id^ That where any Parilli or PariHies have not a Minifter, it ftiall and may be 
 CLrtifi'catf. lawful for the Clerk or Reader which fhall be appointed by the Vefbry of the faid 
 Parilh, to publifh the Banns between any Perfons deliring the fame, and if no Ob- 
 . jeftion be made, to grant a Certificate thereof; and fuch Certificate fhall be fuHi- 
 cient for any Minifter or Juftice of the Peace, to folemnize the Rites of Matri- 
 mony between the Parties fo publifhed. ■ 
 
 If ihty gr.int a Y . A N D be it further Enabled, by the Authority aforefaid^'Thzx. if any Mi- 
 to"^fuff r as"7n "ifter, Clerk, or Reader, fliall grant a falfe Certificate, he or they fo offending. 
 Cafe of Forgtry. fhall bc liable to fuch Punifhment as in Cafe of Forgery at Common Law •, and 
 
 all fuch Offences ftiall be profecuted, tryed, and determined, in the General Court 
 
 of this Province. 
 
 Proceedings to be ^L AND be it furtheY Enacted^ by the Authority aforefaid. That all Licenfes 
 had in obtaining for Mafriagcs fhall bc ifTued by the Clerk of the Court of that County wh^re the 
 cenfe'""^* ^'' Fcmc fhall have her ufual Refidence, and by him only, and in fuch Manner, and 
 under fuch Rules and Direftions, as are herein after provided ; that is to fay. He 
 Ihall take Bond, to our Sovereign Lord the King, his Heirs and SuccefTors, with 
 good Sureties, in the Penalty of Fifty Pounds, Proclamation Money, under Con- 
 dition, ,That there is no lawful Caufe to obftruft the Marriage for which the Li- 
 cenfe fhall be defired : And if either of the Perfons intended to be married fhall be 
 under the Age of Twenty One Years, and not theretofore married, the Confent 
 of the Parent or Guardian fhall be perfonally given before the laid Clerk, or fig- 
 nified under the Hand and Seal of the faid Parent or Guardian, and attefted by 
 Two WitnefTes •, all which being done, the Clerk fliall write the Licenfe, and 
 fliall certify fpecially the faid Bond : And if the Perfons in the Licenfe, or either 
 of them, be under the Age of Twenty One Years, he fliall alfo certify the Con- 
 fent of the Parent or Guardian of fuch Perfon fo under Age, and the Manner 
 thereof, to the firft Juftice in CommifTion of the Peace for that County, or to 
 . fuch other Perfon as fhall be thereto comniifhonated by the Governor or Com- 
 mander in Chief for the Time being •, which Premifes being performed, the Juf- 
 tice of the Peace or other Perfon commiffioned as aforefaid, is hereby authorized, 
 impowerc-.-l, and required, to fign and direft the faid Licenfe -, and a Licenfe fa 
 obtained and figned, and no other whatfoever, is declared to be a lawful Licenfe, 
 according to the true Intent and Meaning of. this Aft : And if any County Court 
 Clerk fliall, in any Manner, ifilie any Licenfe of Marriage, or, contrary to this 
 Aft, make Certificate of any Licenfe of Marriage ; and if any Perfon whatfo- 
 ever fhall fign or direft a Licenfe in any other Manner than is by this Aft per- 
 mitted and allowed ; all and every Perfon or Perfons fo offending, fhall forfeit and 
 pay the Sum of Fifty Pounds, Proclamation Money j to be recovered and applied 
 as herein after is direfted. 
 
 d!r"'"wit^'i,^"'' ^^^' ^ N D be it further Enacted^ by the Authority aforefaid^ That if any Mi- 
 pwbiifhTns »aL» nifter or Reader Ihall willingly publifti, or cayfe or fuffer to be publifhed, the 
 
 Banr^ 
 
LAWS o/'North-Carolina. 129. 
 
 , _-_ — v 
 
 Banns of Matrimony between any Servants, or btrtween a tree 1 trfon and a Ser- "fiLilllj 
 vanti or if any Miniftcr or Juilice of the i^eage Ihall wittingly cei>.br..te the Kit.s wwecn s.rvan,* 
 of Matrimony between any fuch, without a L'ertjiicate from the Mafttr or Mif- * '^nui M..ft.r-» 
 trefs Of tvcry fuch Servant, th.^t it is done by their Confcnti he fhall lontit and ^1'"' '" """* 
 pay Five Pounds, IrocJamation Monty, to the Lfe of the IVjafttr or Owner 
 of fuch Servant;, to be recovered by Action of Debt, Bill, I'laiut, or informa- 
 tion : And every Servant fo married, without the Confent of his or her Mailer cr Servant m rrying 
 Miftrefsj fhali, for his or her faid Offence, ferve his or her faid Mafter or Mil- ^^1^"^' y^^"* 
 trefs, their Executors, Adminiilrators, or Affigns, One whole Year, after the 
 Time of Service by Indentui^e or Cuilorn is expired, 
 
 VIII. A N D be it further Ena^edy by the Authority, af or efaid^ That the Clerk cierk to awunn 
 of each County, Annually, at or before the Twenty Fifth Day of March, fhall fend ^;;|' 'for°MlJ2 
 or deliver to the Governor or Commander in Chief for the Time being, an exadt t.ag'^: t.cecLs. 
 Account of the Marriage Licences ilTued by him ; and each Clerk faihng herein, 
 
 Ihall forfeit and pay the Sum of Five Pounds, Proclamation Money ; to be levied 
 and applied as herein after is direfted. 
 
 IX. AND be it further Enabled, by the Authority aforefaid. That the Fees F'^es. 
 upon the faid Marriages, fhall be as foUoweth ; that is to fay, 
 
 TO the Governor or Commander in Chief for the Time being, for each Lif. 
 
 cence of Marriage, Twenty Shillings, Proclamation Money. 
 
 T O the Clerk of the County Court, for iffuing the fame, and taking the Bond, 
 Five Shillings, of the like Money. 
 
 T Q the Minifter, for marrying, if by Licence, Ten Shillings, if by Banns, 
 Five Shillings, of the like Money. 
 
 • T O the Juflice of the Peace, for marrying. Five Shillings. 
 
 T O the Minifler or Reader, for publifhing the Banns, and granting Certificate, 
 One Shilling and Six Pencej of the fame Money. 
 
 X. A N D be it further Ena5ied^ by the Autority aforefaid^ That if any Mi- M:niner or juf. 
 nifter cr Juflice of the Peace of any County cr i-arifli where a Clergyman doth mTrr/'Lfilwtui 
 not refide, fhall refufe to celebrate the Rites of Matrimony, for the Fees herein f"'' J-° '^^'''^''» 
 fet down and allowed, or fhall demand or receive, for marrying, either by them- If b;Brn"nsy5i! 
 felves, or by any othtr Perfon for them, any larger Fees than before mentioned 
 
 to be allowed to the Minifler or Jufticff of the Peace, he fhall forfeit and pay, for 
 every fuch Cff^nce, that is to fay, if the Marriage was to have been by Lieence, 
 Ten Pounds, or if by Banns, Five Pounds, Proclamation Money ; One Moiety 
 of all the Fines and Forfeitures in this A^ before mentioned and not particularly 
 appropriated, to be paid to the Churchwardens of the Parifh for the 1 ime being, 
 for the Ufe of the Parifh where the Offence fhall be committed, the other Moiety 
 to him ortliem that will inform or fue for the fame; to be recovered, withCofls, 
 by Adtion of Debt, Bill, Plaint, or Information. 
 
 XI. AND be it further Enacted, by the Authority aforefaid. That if the Mi-s ^*"='*" <'^*^»- 
 niRer or Reader of any PariOi within this Government, fhall refufe to publifh and Jubi.lh Ss f'^, 
 certify the Banns, for the Fees herein fet down, and allowed him for the fame, ''"^"[h^'i^'^j '' 
 le fhall, for every fuch Offence, forfeit and pay, to the Party grieved. Ten JrTev.d '.oi." ' 
 Pounds, Prodanaation Money j to be recovered as before mentioned. 
 
 K k XII. PRO' 
 
130 L A IV S of North-Carolina. 
 
 A D. 174:. 
 
 wI'lT'of'Th^ XII. PROVIDED always. That the Minifter ferving the Cure of any Pa» 
 p^r'flitohavcthe rifli, ihall havc the Benefit of the. Fee tor Marriages in the faid Farilh, if he da 
 not' rlfuie" fw "°^ negled or refufe to do the Service lliereof, aitho' any other Perfon perform- 
 .nother be em- cd the iVlarriage Ceremony. 
 
 ployed. 
 
 XIII. AND for Prevention of that abominable Mixture and fpurious Iflue,' 
 which hcreatter may increafe in this Government, by white Men and Women in-< 
 termarrying with Indians^ Negroes, Mullees, or Mulattoes 5 Be it Ena5ied, by 
 White Ptrfoas ^^^ Authority aforefaid. That if any white Man or Woman, being free, fhall in- 
 intermarry ng tcrmarry wich an /«im;z, Negro, Muftee, of Mulatto Man or Woman, or any 
 V^. to'^forfcit Perfon of mixt Blood, to the Third Generation, bond or free, he fhall, by Judg^ 
 %ol ment of the County Court, forfeit and pay the Sum of Fifty Pounds, Proclama- 
 
 tion Money, to the Ufe of the Parifh. 
 
 Minifter or j,if- XIV. A N D he it further Ena^ed^ by the Authority aforefaid^ That no Minif- 
 
 ^rrrnr'^hkc ^cr of the Church of England^ or other Minifter, or Juftice of the Peace, or other 
 
 p-rfons to Ne- Perfon whatfoever within this Government, fhall hereafter prefume to marry a 
 
 Kit 5?i; '° white Man with an Indian^ Negro, Muftee, or Mulatto Woman, or any Perfon 
 
 of mixt Blood, as aforefaid, knowing them to be fo, upon Pain of forfeiting and 
 
 paying, tor tvery fuch Offence, the Sum of Fifty Pounds, Proclamation Money i, 
 
 to be applied as aforcfuid. 
 
 Aiipnriexwcd- XV. AND be it further EnaBed^ hy the Authority aforefaid^ That the feveral 
 ♦ 1 t'o^be tVed Fines and Forfeitures in this Aft, which exceed the Sum of Twenty Six Pounds 
 in the G. Curt. Thirteen Shillings and Four Pence, Proclamation Money, fhall be heard, tryed, 
 
 and determined, in the General Court of this Province -, and ail under the afore- 
 Cou""yc'u"t!^' fuidSum, fhall be heard, tryed, and determined, in the Court of the County where 
 
 the Offence fhall be committed. 
 
 JtepeaUngChttfe. XVI. AND be it further Enacted, hy the Authority aforefaid. That all and 
 every Acft and Afts, and every Claufe and Article thereof, heretofore made, fo 
 f^r as relates to any Matter or Thing whatfoever within the Purview of this Aft, 
 is and are hereby repealed and made void, to all Intents and Purpofes, as if th« 
 fame had never been made. 
 
 CHAP. II. 
 
 An A5i, to i?npower the feveral CommiJJioners herein named, fo make, mend^ 
 and alter the federal Highways, Roads, and Bridges, and to clear and 
 clean fe Creeks and Water-Conrjes ; and alfo, to cut fuch Cuts as they fhall 
 think convenient, in the feveral Coitiities herein after named, EXP. 
 
 C H A P. III. 
 
 An ASl, to give further 'Time for colleBing the Aid granted to his Ma- 
 jelly, for Subfiftatice of the Forces raifed in this Province ; and for the 
 better colleSling Taxes and Levies, and to dire£i the Method of account-^: 
 in^ for the fame ^ and other Public Monies herein mentioned, O B S. 
 
 CHAPi 
 
L A IV S of North-Carolina. 131 
 
 A. D. 1741. 
 
 CHAP. IV. ' — ^^"^ 
 
 An A5f^ to make a?id confirm that Pa*-t of the main Road leading from 
 Bennet'j Creek Bridge^ to Virginia, joining to Mr. Henry Baker'i, in 
 Chowan County^ altered^ jor the Conve?iiency of the Public^ by the ad-" 
 jacent Inhabitants^ to be the Main a?id Public Road. 
 
 (. "TTTHEREAS that Part of the main Road joining to Henry Baker* Sy as Preamble. 
 
 Y V formerly laid out and ufed, is very hilly, bad, troublcfome, and in- 
 convenient for Carts and Carriages, and the Inhabitants adjacent to, and obliged 
 to work on that Part of the Road, have agreed together and altered and turned 
 the faid Road, and made it much fhorter, better, and more convenient for Car- 
 riages and PafTengers ; and the faid Inhabitants, by their Petition, having prayed 
 that fuch Part of the Road fo altered and made by them as aforefaid, may be con-- 
 firmed and deemed the Piiblic Road : 
 
 IT. W E pray that it may be Enadted, And be it Ena£!ed^ hy his Excellency Ga- Public Road de. 
 briel Johnfton, Efq; Governor y hy and with the Advice and Confent of his Majefifs ''"***• 
 Council^ and General Affembly of this Province^ and it is hereby Enacted, by the 
 Authority of ^ the fame. That from and after the Ratification of this Aft, that Part 
 of the Public Road from Bennct\ Creek, in Chowan County, leading by Henry 
 Baker's, fo altered and made as aforefaid, be confirmed and deemed Part of the 
 Public Road, and no other ; and that the Perfons obliged to work on and main- 
 tain the old Road, be, and are hereby compelled to work on and maintain the 
 Koad fo altered j any Law, Cuflom, or Ufage, to the contrary, notwithftanding. 
 
 CHAP. V. 
 
 An A5l^ to appoint Conjiables. 
 
 \- ^TT^ O the End that Conftables may be regularly appointed, throughout this 
 JL Government i 
 
 II. W E pray that it may be Enadled, And he it Enabled, hy his Excellency Ga- bounty couit» 
 briel Johnfton, ii/^'-. Governor, by and with the Advice and Confent of his Majefifs cSks?''"''*^ 
 Council, and the General Affemhly of this Province, and it is hereby Enacted, by 
 the Authority of the fame. That the Courts of the feveral Counties which now 
 »re, or hereafter fhall be, within this Government, Ihall, at the Court to be hol- 
 den for each refpedlive County in this Government, next after the Firft Day of 
 January, Yearly, and every Year, nominate and appoint as many Perfons of their 
 faid County as they fhall judge neceffary, to be Conftables within the fame, for the 
 then enfuing Year; which Conftables fo appointed, Ihall have the following Oath 
 »dminiftered to them ; that is to fay, 
 
 U fhall fwear. That you will well and truly ferve our Sovereign Lord the Conftabie'«Oatfe, 
 J^ing, in the Office of a Conflable ; you pall fee and caufe his Majefifs Peace 
 
 X . _„. 
 
 to be well and duly preferved and kept, according to your Power -, you fhall arreji ^ 
 
 all fuch Per fens as, in your Sight, fhall ride or go armed offenfively, or fhall commit - * 
 
 cr make any Riot, Affray, or other Breach of his Majejifs Peace •, you fhall do 
 your heft Endeavour, upon Complaint to you made, to apprehend all Fellons and Rio- 
 ters, or Perfons riotoujly affemhled ; and if any fuch Offenders fhall makPRefifiance, 
 •wttb Force, you fhall make Hue and Cry^ and fhall fuifue theWy according to Law v 
 
 yoii 
 
132 L A JV S of N O RT H - C AR O L I N A. 
 
 II — — — ■ • 
 
 A. D. 1741. yofi Jhall faithfully^ and without Delay^ execute and return all lawful Precepts to 
 
 ^ V °^ you directed -, you Jhall well and duly^ according to your Knowledge^ Power ^ and 
 
 Ability^ do and execute all other 'Things belonging to the Office of a Conjlable, fo long 
 as you fh all continue in this Office. ^ So help you God. 
 
 ConftabiesPower. JU. AND be it further EnaSledy by the Authority afcrefaid^ That each and 
 every Conftable, fo appointed, nominated, and fworn, is, and they are hereby 
 invefted with, and may execute the fame Power and Authority, to all Intents and 
 Furpofcs, as the Conftables within the Kingdom of England are by Law invefted 
 with and execute. 
 
 Conftable nf|. IV. A N B bc it further Enactcd, by the Authority aforefaid^ That if any Per- 
 lefting to qualify jf^yj qj. Perfons, nominated and appointed Conftable by the Court of any of the 
 Noi°ce, toVoU'it Counties within this Government, Ihall negled: orrefufe.to qualify himfelf, accord- 
 50 «• ino^to the Diredions of this Ad, within Ten Days after Notice of his Nomination 
 
 and Appointment as aforefaid, without he can fhew fufficienr Caufe for his Negled, 
 to be admitted of by the Juftices, who lliall or may grant their Warrant to recover 
 the Penalties in this A6t mentioned, he ftiall forfeit the Sum of Fifty Shillings, 
 Proclamation Money ; to be recovered by a Warrant from Two Juftices of the 
 Peace in the County where fuch Perfon was appointed Conftable, and applied to 
 the Ufe of the County where fuch Conftable is appointed -, provided fuch Notice 
 be in Writing, figned by the Clerk of the Court, and ferved by the Sheriff of the 
 County, or preceeding Conftable, on fuch Conftable or Conftables gs fhali he ap- 
 pointed, iiccording to the Diredions of this Ad. 
 
 Terfons exempt V. P RO V J D E D always. That no Perfon in Commifflon of any Oflice, 
 Corftabir "^ " ^i'^il °^ Military, or Member of Affembly, for the Time being, nor any one 
 who has ferved in any fuch Station, nor any other who has ferved as Conftable-, 
 within the Space of Five Years belorc, nor any Perfon who is exempt, by the 
 Laws of England, fhall be obliged to ferve in the Office of Conftable j any Law, 
 Ufage, or Cuftom, to the contrary, notwithftanding. 
 
 juftice tosdmi- VI. AN B be it furthcr Enacted, That any one Juftice of the Peace of the 
 nifter the Oath. Countv, (hill, and he is hereby impowered, to adminifter to the feveral Confta- 
 bles hereafter to be appointed in his County, the Oath direded by this Ad for 
 their Qualitication. 
 
 OnoJatherRe. VII. A N B bc it furthcr Enactcd, by the Authority aforefaid. That upon the 
 bies" jufti^cef to Death or Removal of any Conftable out of the Diftrid for wbith he was appointed 
 appoint" others, Conftable, it fhall and may be lawful for the Juftices of the County Court, in 
 ci'ur?^ when which fuch Difttid fhall be, or any one of them, to appoint and fwear another 
 they may con- Pgrfon, to be Conftable in the Room and Stead of the Conftable dead or removing 
 SpToint othe«°' out of his Diftrid as aforefaid, who fhall Ad until the next County Court ; the 
 Juftices of which Court fhall then either continue the Perfon appointed as afore- 
 faid, or nominate and appoint a new one. 
 
 CnnftaWe r.fu VIII. A N B bc it further Enacted, by the Authority, aforefaid. That if any 
 f,ng to ferve Pre. ^onftable to whom any Precept is direded, by any Juftice of the Peace, fhall re- 
 »t the D.fcretion fufe or negled, to fcrVe fuch Precept, he fhall, for every fuch Uttence, on 
 efth. Court. Complaint of the Party profccuting, be fined, at the Difcretion of the Cctort of 
 which fuch Juftice is a Member ; to be paid to the Complainant. 
 
 For want of a IX. A N D for the better executing any Precept or Mandate, in extraortJinary 
 
 Conftable, Pr.- Cafcs ', Bc it EuaBcd, by the Authority aforefaid. That it fliall and may be law- 
 
 sfjtmay be di. ^^j^ ^^ ^^^ f^j. ^^y Juftice of the Peace within this Government, to dired any 
 
 fuch Precept or Mandate, in the Abfewce of, or for Want of a Conftable, to any 
 
 ferfon. 
 
LAWS o/'North-Carolina. 133 
 
 Perfon, not being a Party, who fliall be obliged to execute, or endeavour, in the ^- ^- '741. 
 
 belt Manner he can, to execute the fame, under the hke Penahy any Conftable *^ ^ ' 
 
 fliall be liable to, by Virtue of this Ad; to be recovered and applied as aforefaid. th?r'pe'rfon7no"t 
 
 being a Party. 
 
 X. AND be it EnoMed, hy the Authority aforefaid. That every Conftable ConftabUs ex- 
 within this Province, appointed and qualified, as herein before is direfted, fhall in^TaS^'ani 
 be,^ and is hereby exempted from all Provincial, County, and Parifh Taxes, for working on th« 
 himfelfonly, and from working on the Roads, for and during the Year Jhe fhall ^°^'''' 
 
 be Conflable; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. 
 
 XI. AND be it further Enacted, by the Authority aforefaid. That all and every i<ep«ijngciaufe, 
 other Act and Ads, and every Claufe and Article of the fame, heretofore made, 
 
 fo far as relates to tlie appointing of Conftables, is and are hereby repealed and 
 made void, to all Intents and Purpofes, as if the fame had never been made. 
 
 CHAP. VI. 
 
 An ASi, to improve and amend the Navigation of New River, in Onflow 
 
 County. O B S. 
 
 CHAP. VII. 
 
 An AB, to confirm and ereB that Fart of the Province of North-Carolina 
 called Edgcomb County, into a County, by the Name of Edgcomb Coun- 
 ty, and for efablijhing the faid County aParip; and for afcertaining 
 the Boundary Line between the Northwefl and Society PariJheSy in 
 Bertie County. 
 
 I- WJ H E R E A S the Inhabitants of Edgcomb County, in this Province, Preamble. 
 
 V V ^^^ 2re very numerous, labour under great Hardlhips, for want of 
 Reprefentatives in the General AlTembly of this Province ; 
 
 II. WE pray that it may be Enaded, And be it Enacted, by his Excellency Ejgcmh «&. 
 Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent of his Ma- ''''^'"^' 
 jefty^s Council, and General AffemUy of this Province, and it is hereby Enacted, by 
 the Authority of the fame^ That that Part of this Province now called Edgcomb 
 County, be, and is hereby eftablilhed a County, by the Name of Edgeomb Coun- 
 ty, the Bounds whereof fhall be as follow j Beginning on Roanoak River, at Jen- 
 kin Henrfs, upper Corner Tree, from thence, a ftreight Courfe to the Mouth of '" °°""''°' 
 Cheek' % Mill Creek, on ^ar River; and from the South Side of the faid River, 
 oppofite to the faid Creek, a ftreight Line unto the Middle Grounds, between 
 Tar and Neus Rivers.; which Ihall be the dividing Line between Beaufort, and 
 Edgcomb, and Craven Counties -, and from thence, up as nigh as may be, keeping 
 the Middle between the faid two Rivers, which fliall be the dividing Line between 
 the Counties of Craven and Edgcomb, and Beaufort: And the County Courts of commiflionen «a 
 Craven and Edgcomb, are hereby, impowered, each of them, for their refpedivc laro™ IhTfJi 
 Counties, to appoint Two CommifTioners to run out the Bounds or dividing Line ^°'""^'' 
 between Craven and Edgcomb -, which Line fo run out as abovefaid, and marked, 
 Kiall be the dividing Line between the faid Counties. 
 
 L 1 III. AND 
 
134 LAWS of North-Carolina. 
 
 A. D. 1741. 
 
 oln'Xrndz ^^^' ^N^^^ it further EnaSledt by the Authority aforefaid. That the Free- 
 
 Butgdiis' "" holders of the faid County, qualified to vote, as theLaw direfts, fhall, forever* 
 
 after the Ratification of this A(5l, fend Two Reprefentatives to the General Af- 
 
 fembly of this Province ; which Reprefentatives Ihall have as full Power to confult 
 
 and vote in the General Affembly, as the Reprefentatives of any other County. 
 
 f coun ^ancT di ^^' '^^^ ^^ it further Enacted, by the. Authority aforefaid. That the faid 
 proper Officers. County fhall have Juftices of the Peace, and a County Court, with the like Ju- 
 rifdiftion with the Courts of the other Counties of this Province -, and likewifc, 
 a Sheriff, a Coroner or Coroners, and all other Officers incident to a County. 
 
 V. A N D whereas divers Difputes have arofe, touching the Legality of the 
 Courts heretofore eftablifhed in the faid County, and touching the Validity of the 
 Commiflion appointing a Sheriflf for the faid County j which have difquieted the 
 Minds of the Inhabitants of the faid County : 
 
 Proceedings of VI. B E it therefore Enacted, hy the Authority aforefaid. That all Judgments, 
 tofore,"'dcdaKd Executious, Ordcrs, and Proceedings of the faid Court, pronounced, iffued, and 
 valid. made, agreable to the Rules of Law, and the Execution of all Writs whatfoever, 
 
 done according to Law, and all other Adls done by the faid Sherifi\, by Virtue of 
 his Office aforefaid, be, and are hereby confirmed and declared valid -, any Defe6b 
 in the Order of the Governor and Council, made for the Eftabliihment of the afore- 
 faid County, notwithftanding. 
 
 Juftices to hy a VIL AN D he it further Enacted, hy the Authority aforefaid. That the Juf- 
 court-hou'fe'''^ ^ <^ices of the faid County Court, be, and are hereby impowered, to lay a Poll-Tax, 
 fsf'- on the Inhabitants of the faid County, not exceeding the Sum of Five Shillings, 
 
 Proclamation Money, and to caufe the fame to be levied, in the Manner other 
 Public Taxes are levied and colledled, and with the faid Tax, at fome convenient 
 Place in the faid County, at their Difcretion, to ere6l a Court-houfe, Prifon, and 
 Stocks ; and likewife, at all Times hereafter, as often as the faid Court-houfe or 
 Prifon fhall be out of Repair, to lay a Poll-Tax on the faid Inhabitants, not ex- 
 ceeding fuch Sum of Money as fhall be necefTary, for repairing the faid Buildings. 
 
 County made a VIII, A N D he it further Enacted, hy the Authority aforefaid, Tliat the faid 
 from% olhef County be, and is hereby eflabliffied a Parifh, by the Name of Edgcomh Parifh ; 
 
 which Parilh fhall be diftindt from the Parifhes of which it was heretofore a Part ; 
 Fceejioiders to any Aft of Affembly to the contrary, notv/ithflanding : And the Freeholders of 
 anrchurchw'ar" ^^c faid PaHfh, duly qualified to vote, as in other Pariflies, "are hereby impower- 
 <^<="s, ed to choofe a Veftry, and the faid Veflry to ele<5t Churchwardens ; which Veftry 
 
 fhall have as full Power and Authority to lay Taxes, and to do all other Matters 
 
 and Things to a Veftry belonging, as the Veftries of the other Parifhes of this 
 
 Province. 
 
 Veftrie, how to • " TK. A N D to thc End, the Firft Veftry of the faid Parifh be duly Eleftedi 
 bebechofen. 0e it further Enacted, hy the Authority aforefaid. That the Sheriff of the faid 
 County ftiall fummon the Freeholders of the faid Parifli to meet, at fuch Place as- 
 Ihall hereafter be appointed for the Court-houfe of the faid County, who fhall 
 then and there eledt Twelve Veftrymen, and the faid Veftrymen fhall then and 
 there eled, out of their Number, Two Churchwardens ; which Veftry and Church- 
 wardens fhall continue in Office until the Time 'by Law appointed for the Eledioti 
 of new Veftries and Churchwardens in the ftveral other Pariflies of this Govern- 
 ment ; and the faid Freeholders ftiall then, and for ever after, eledt Veftries and 
 Churchwardens, according to the Method by Law prefcribed for the Choice 'crf 
 Veftries and Churchwardens for the feveral Parifhes in this Province. 
 
 X. AND 
 
LAWS of North-Carolina. 135 
 
 A. D. 1741. 
 
 X. AND for afcertaining the Bounds between the Northweft and Society Pa- „ 'y",' u 
 
 .-._._, _p„ 1 1 1 A 1 r- •'^ Bounds 01 Fa- 
 
 riihes, m Berhe County, Be jt Enacted^ by the Authority aforefaid^ That the Boun- tifes. 
 dary Line of the faid Parifhes fhall run thus -, to 'wit^ From the Mouth of Sandy 
 Rui^ to the Head thereof; and from thence, in a ftreight Line, to Ahojkey 
 Swamp ; and from thence, along the old dividing Line between the faid Two 
 Parifhes ; which Line fhall, for ever, be deemed the Boundary Line of the faid 
 Two Parifhes -, any Law to the contrary, nctwithftanding. 
 
 XL A»N D be it further Enabled, by the Autboriy aforefaid. That the Arrears Arrears of Taxts 
 now due from the Inhabitants of Edgcomb County, to Society and Nortbwejt ^^''^p^''*- 
 Parifhes, of which it was a Part, fhall be paid to the Churchwardens of the faid 
 Society and Nortbwejt Pariflief, as if this Aft had not been made. 
 
 CHAP. vin. 
 
 An A£l, to pf-evenf Jlealing of Cattle and Hogs, and altering and defacing 
 Marks and Brafidi, and mifmarkifig and mijbranding Horfes, Cattle, 
 and Hogs, unmarked and unbranded. 
 
 I. TTTHEREAS many wicked Men in this Province, being too lazy to Preamble. 
 
 V V 0^^ ^^^'^ Living by honefl Labour, make it their Bufmefs to ride in the 
 Woods and fleal Cattle and Hogs, and alter and deface the Marks and Brands of 
 others, and mifmark and mifbrand Horfes, Cattle, and Hogs, not marked or 
 branded : And whereas the Laws in Force in this Province arc, by Experience, 
 found not to be fufficient to remedy thofe Evils ; 
 
 11. WE pray that it may be Enacted, And be it Enabled, by bis Excellency Ga- Perfons fteaiinj 
 briel Johnflon, £/^; Governor, by and with the Advice and Confent of his Majefiy^s *^'"!^'„ ^'\ °l 
 Council, and General Affembly of this Province, and it is hereby Enacted, by the Cattier&c! what 
 Authority of tbe fame. That if any free Perfon or Perfons fhall fteal any Neat Cat- ^^^"*''^" •'^*"' 
 tie or Hog, or fhall alter or deface the Mark or Brand of any other Perfon or 
 Perfons Horfe, Neat Cattle, or Hog, fuch Perfon or Perfons, being thereof law- 
 fully convi6led, fhall, for every Neat Cattle or Hog he or they fhall Ileal -, or for 
 every Horfe, Mare, Colt, Neat Cattle, or Hog, whofe Mark or Brand he or 
 they Ihall alter or deface, over and above the Value of fuch Neat Cattle or Hog 
 fo flole •, or for every Horfe, Mare, Colt, Neat Cattle, or Hog, whofe Mark or 
 Brand he or they fliall alter or deface ; forfeit and pay the Sum of Ten Pounds, 
 Proclamation Money -, to be recovered, by Adion of Debt, in any Court of Re- 
 cord within this Province, (wherein no EfToign, Injunftion, Protection, or Wager 
 of Law, fhall be allowed or admitted of,) by the Owner of fuch Horfe, Mare, 
 Colt, Neat Cattle, or Hog, that fhall be fo Ilolen, or the Mark or Marks, Brand 
 or Brand?, fo altered or defaced, provided he profecute for the fame within Six 
 Months after Difcovery of the Fact committed ; and after that Time, any Perfon 
 ,may, as well as the Owner, fue for and recover the fame, provided fuch Profecu- 
 tion is commenced within One Year after Difcovery of the Fact committed ; and 
 the Offender fhall, over and above the faid Fine, receive Forty Lafhes on his 
 bare Back, well laid on •, and for the Second Offence, fhall pay the Fine above- 
 mentioned, and Hand in the Pillory Two Hours, and be branded in the left Hand, 
 with a red hot Iron, with the Letter T : And if any Perfon or Perfons fhall mif- 
 mark or mifbrand any unbranded or unmarked Horfe, Mare, or Colt, Neat Cat- 
 tle, or Hog, not properly his or their own, he or they fhall forfeit and pay the 
 Sum of Ten Pounds, Proclamation Money, over and J^bove the Value thereof, 
 
 »iH. fgj" 
 
136 L/i IV S of North-Carolina. 
 
 A. D i74.r. for every luch Horfe, Marc, Colt, Neat Cattle, or Hog, fo mifmarked or mif- 
 ^= V— -— ^ branded ; to be recovered as afortfaid. 
 
 p.-rfons feeinj the HI. A N D to prcvcnt the Concealing fuch Offences, Be it Enabled, by the Au^ 
 Sr^n/rt^ifl thority afcrefaid. That it any Perfon or Perfons fhall lee any other Perfon or«^er- 
 covering it in 10 fons Committing any of the Crimes atorefaid, and fhall not difcover the fame, in 
 Diys, to forfeit ^^^ D^y^^ to lome Magiltratc, then, and in fuch Cafe, fuch Perfon or Perfons, 
 for not difcovering the faid Crime, fliall forfeit the Sum of Five Pounds, Pro- 
 clamation Monty, for every Time he fhall fee the faid Crime or Crimes, or any 
 of them, committed ; to be recovered, by any Perfon or Perfons who will fue for 
 the fame, by i^ftion of Debt, in any Court of Record in this Province \ wherein 
 no Elibign, Protection, Injundlion, or Wager of Law, Ihall be allowed or ad- 
 mitted ot. 
 
 evidence fuffici- IV. AND bccaufc it Is difficult to convid any Perfon who has feen fuch 
 r^p'rfon he'iaw Cnmcs committcd, if he will deny the fame; Be it further Enabled, by the Au- 
 the Crimes com- thoTity aforcfaid. That it fliall be fufficient Evidence to convidt any Perfon who has 
 feen -any of the aforcfaid Crimes committed, if it be proved that he has told any 
 other Perfon that he did fee the faid Crimes, or any of them, committed. 
 
 mitXed. 
 
 Perfons killing; V. A N D whereas, by common Cuflom in this Province of killing of Cattle 
 CattieorHpsn ^nd Hocrs in the Woods, great Opportunities are given to Ileal the Cattle and 
 A-^w E.iV'.m/ Hoo-s ot other People •, Be it therefore Enacted, by the Authority aforefaid. That 
 ^ t Ma*ftr/te' ^*^ ^"7 ^^trfon hereixfter fhall kill any one or more Neat Cattle or Hogs in the 
 or j'rre'hlid'rs Woods, hc (liall, within Two Days, fhew the Head and Ears of fuch Hog or 
 on Penalty ot s u j^q^.^^ and the Hide, with the Ears on, of fuch Neat Beaft or Cattle, to the next 
 
 Mao-iitrute, or to Two fubftantial Freeholders, under Penalty of Five Pounds, 
 . Proclamation Money •, to be recovered, by any Perfon who will fue for the fame, 
 
 by Adion of Debt, Bill, Plaint, or Information, in any Court of Record in this 
 
 Province -, wherein no Eflbign, Protection, Injundion, or "Wager of Law, Ihall 
 
 be allowed. 
 
 Perfons having VI. A N D he it furtheT Ena5ied, by thc AuthoHty aforefutd. That every Perfon 
 c.ttie, &c. io in this Province, who hath any Horfes, Cattle, or Hogs, fliall have an Ear Mark 
 Brlll^rZorlct and Brand, different from the Ear Mark and Brand of all ether Perfons ; which 
 Ear Mark and Brand he Ihall record, with the Clerk of the County where his 
 cutie, Horfes Horfts, Cattle, or Hogs are, if not already recorded ; and that he fhall brand 
 and H'.gs, wh.n all' Horfcs wlth the faid Brand, from Eighteen Months old, and upwards, and 
 landed"'''''*' * Ear- mark all his Hogs, from Six Months old, and upwards, with the faid Ear 
 Mark •, and Ear-mark or brand all his Cattle, from Twelve Months old, and up- 
 wards, with the faid Ear Mark or Brand : And if any Difpute fliall arife about 
 any Ear Mark or Brand, the fame fhall be decided by the Book of the Clerk of 
 the County Court where fuch Cattle, Horfes, or Hogs are. 
 
 Perfon, geftmg VII. A N B hc it furtheT EnoUed, by the Authority aforefaid. That wKen any 
 S'ttranTthe Pcrfon fhall buy any Neat Cattle from another, or come to the fame by Gilt, 
 fame with hw Y/ill, or any other lawful Means, that then, and in fuch Cafe, the Perfon who 
 •wn Mark. ^^^ ^^.^^^ ^j^^ ^^^^^ ^^ ^^^ ^^ ^^^ ^ ^^^ aforcfald, fhall, within Eight Months, 
 
 brand the aforefaid Neat Cattle with his own proper Brand, in the Prefence of Two 
 creditable WitnefTes, a Certificate of which fliall be figned by the faid Witneffes. 
 
 Thi. Aft to be VIII. A NT) be it further Ena£fed, by the Authority aforefaid, Thzt this Aft fhall 
 
 llte^v'cT' be publickly read, by the Clerk of every County Court in this Province, at leafl. 
 
 Twice every Year, viz. at the Firfl Court after Eafier, and the Firft Court after 
 
 Augufly in the Morning, on the Second Day of the Court, in open Court, under 
 
 Penalty of Twenty Shillings Proclamation Money j to be recovered, by any Per- 
 
L A IV S o/' N O R T II -Ca R O L I N A. 137 
 
 fon, by a Warrant, under the Hands and Seals of any Two Juftices of the Peace "^^ ^- 'Hi- 
 of the County, to the \Jk of the Informer. "v 
 
 IX. A N D be it further EnaHed., hy the Authority aforefaid.^ That if any ftrange s-range Cattis 
 Cattle fhall go into the Cowpen of any Fcrfon in this Province, the Owner of that cowpen". Owner 
 Cowpen, if he refides there, or the Overfeer or Manager, where the Owner does t°^e^'^= Not'" 
 not refide, (hall be obhgcd to give Public Notice thertof, by affixing a Note of I/201'/" 
 the Flelh-marks, and Ear-mark,^nd Brand of all fuch ftrange Cattle as fliall be at 
 
 his Pen, at the Church Doors of the Parilh where the faid Cowpen is, or where 
 there is ho Church, at the Court-houfe Door, in One Month after fuch Cattle Ihall 
 come to his Pen, under the Penalty of Twelve ShiUings, Proclamation Money, 
 for every Bcafl that he fhall negled to give fuch Notice of; to be recovered in the 
 Ikme Manner, and to the fame Ufe, as the Fine laft mentioned. 
 
 X. AND be it further Ena£led, ly the Authority aforefaid. That if any Ne- siav^ fteaiing or 
 groe, Indariy or Mulatto Slave, fhall kill any Horfe, Cattle, or Hog, belonging cnUe'&c^whn 
 to any Perfon whatfoever, without the Confcnt of the Owner or Owners thereof, P'^n-'iti" I'^^e 
 or fhall ileal, mifbrand, or mifmark any Horfe, Cattle, or Hog, fuch Slave or '°' 
 
 Slaves fliall, for the Firft Cffcnce, fuffer both his Ears to be cut off, and be pub- 
 lickly whipt, at the Difcrction of the Juftices and Freeholders before whom he 
 or fhe fhaJl be tried •, and for the Second Offence, fhall fuffer Death : And the 
 Tryal and Convidion of the faid Slave or Slaves, fhall be in fuch Manner as is 
 pr.fcribed by an Act of Affcmbly, intituled. An Act^ concerning Servants and Slaves. 
 
 XT. ANT) be it further Enacted ^ by the Authority aforefaid. That all and every Reptaiingciaufe, 
 other A6t and Adis, arid every Claufe and Article thereof, heretofore made, fo 
 far as relates to the preventing the ftealing of Horfes, Cattle, and Hogs, and alter- 
 ing and deficing the Marks and Brands, and mifmarking and mifbranding the 
 fume, or to any otlier Matter or Thing whatfoever, within the Purview of this 
 Ad, is and are hereby repealed and made void, to all Intents and Purpofes, as if 
 the fame had* never been made. 
 
 CHAP. IX. 
 » 
 
 An ASf, Jor afcertaining the Boundary Line between Tyfell and Beaufoft 
 Counties^ and between Edgcomb County^ arid Tyrell and Beaufort 
 Counties. 
 
 I. TllT' HEREAS Difputes daily afife, between the Inhabitants of 'tyrell. Preamble. 
 
 Y Y Beaufort y and Edgcomb Counties, by Reafon the Boundary Line be- 
 tween T'yrell and Beaufort Counties, and between 'tyrell and Edgcomb Counties, 
 are not fufficiently afcertained and known ; by Means of which Uncertainty, the 
 Inhabitants within the difputed Bounds refufe to pay their Public and Parifli Le- 
 vies to any of the CoUedors of the faki Levies of either of the faid Counties : For 
 Remedy whereof, 
 
 II. W E pray that It may be Enaded, And be it Enabled, hy his Excellency Ga- f^""f ^"^^.li^* 
 brie] Johnfton, Efq; Governor^ by and with the Advice and Confent of his Majefifs ryrJii, iaiBtau. 
 Coumily and the General Affembly of this Province^ and it is hereby Enacted, by ^'"''' 
 the Authority of the fame. That each of the County Courts of Tyrell, Edgcomb, 
 and Beaufort, fhall appoint one Perfon, who fliall fettle and run the Boundary 
 Line between Tyrell and Edgcomb Counties, and between Part of Edgcomb and 
 Beaufort Counties, in Manner following ; that is to fay. The faid CommifTioners 
 
 Mm fliati 
 
138 L A IV S of North-Carolina. 
 
 ^ o. 174,. fiiaii begin at the upper Corner Tree ot Jenkin Henry's Line, on the South Side 
 ^— — V— oi Roa?ioak Mivcr, and from thence, run a dired Line to the Mouth of C^ff(?,^'s 
 Mill Creek, on Tar River ; and the laid Commiffioners, as foon as the faid Line 
 is finifhed, lliall, under their Hands, return .the Courfcs thereof into each of the 
 Courts ot the aforefaid Counties, which fhall be recorded by the Clerks of the 
 faid fcverSl Courts : And the faid Line fo run, fhall, for ever after, be deemed 
 the Boundary Line between Tyrell and Edgcomb Counties, and between Edgcomb 
 and Beaufort Counties, from Tyrell County as fife- as Tar River. 
 
 Between Tjrdi ' HI. AND he it further Ena5fed^ by the Authority aforefaid. That the Flat 
 
 »nd Beaufort. s^^j-,-,p ^hich, heretofore, was the Boundary of Albemarle and Bath Counties, 
 
 Hiall, to the Head of the faid Swamp, and from the Head thereof, by a direft 
 
 Line to the aforefaid Line between Tyrell and Edgcomb Counties, for ever, be the 
 
 Boundary Line between Tyrell and Beaufort Counties. 
 
 CountvCouitsto IV. AND for defraying the Charge of running the faid Line, Be it further 
 fny%'h'rcharge Enacted, by the Authority aforefaid. That each of the County Courts of Beaufort, 
 of running the Tyrell, and Edgcomb, be, and are hereby impowered, to lay a Poll-Tax, not ex- 
 ceeding the Sum of Four Pence, Proclamation Money, per Tithable, upon the 
 Inhabitants of their refpedtive Counties, and fhall caufe the fame to be levied in 
 the fame Manner the Public Taxes are levied -, and fhall, out of the Money ari- 
 fing by the faid Tax, pay and fatisfy their refpedtive Commiffioners, for their 
 Trouble and Charges expended, in running the aforefaid Boundary Lines : And 
 after paying and fatisfying the CommilTioners for their Trouble and Charges, each 
 County Court fhall apply the Money remaining, if any be, to the Ufe of the 
 County where fuch Tax is collefted. 
 
 Suvndaries. 
 
 CHAP. X. 
 
 An Aci, to enlarge the. 'Time for enrolling of Lands in the Auditor's Office, 
 and pfoving the quiet Pojjejjion of Lands for Twenty Tears paft, and 
 
 Upwards. O B S. 
 
 CHAP. XL 
 
 An A£i, for rejlraining the taking of excejjive Ufury. 
 
 Prssmbie. ^' TJ^ O R A S M U C H as the fettling of Intereft at a reafonable Rate, will great- 
 
 y} ly tend to the Advancement of Trade, and Improvement of L ands, by good 
 Huibandry, with many other confiderable Advantages to this Province: And 
 whereas divers Perfons of late, have taken great and excefhve Sums for the Loan 
 of Money, Goods, a^d Merchandizes, to the great Difcouragement of Induftry, 
 in the Huibandry, T'rade, and Commerce of this Province; 
 
 No Perfon to II. WE pray that it may be Enafled, And be it Ena£fed, hy Ms Excellency Ga- 
 6 /tr"cc«/for ^^^^^ Johnflon, Efq\ Governor, by and with the Advice and Confent of his Majefly's 
 Intereft. Council, and General Affembly of this Province, and it is hereby Enacted, by the 
 
 Authority of the fame. That no Pcrfon or Perfons whatfoever, from and af- 
 ter the Firfl Day of May, which fhall be in the Year of our Lord One Thoufand 
 Stytn Hundred and Forty One, upon any Contrad, to be made after the faid 
 Firfl Day of May, flaall, diredly or indiredly, take, for Loan of any Monies, 
 
 Wares, 
 
LAWS o/' N O R T H -Ca R O L I NA. 139 
 
 ) ■ ■ ' — : ; 
 
 Wares, Merchandizes, or Commodities whatfoever, above the Value of Six ^- ^- '"'^'- . 
 Pounds, by Way' of Difcount or Intereft, for the Forbearance of One Hundred "^ '' 
 
 Pounds^ for One Year, and fo after that Rate for a greater or leffer Sum, or for 
 » longer or fhorter Time ; and that all Bonds, Contra6ts, and Afilirances whatfo- 
 ever, made after the Time aforefaid, for the Payment of any Principal pr Money 
 to be lent, or covenanted to be performed, upon or for any Ufury, whereupon or 
 whereby there fhall be rcferved or taken above the Rate of Six Pounds in the Hun- 
 dred, as aforefaid, Ihall be Itterly void : And that all and every Perfon or Perfons Perfons taking 
 vfcatfoever, -which, after the Time aforefaid, upon any Contrad to be made, af- ^"Jj.^^ iLva'k'* 
 ter the faid Firft Day of May, fhall take, accept, and receive, by Way or Means 
 of any corrupt Bargain, Loan, Exchange, Shift, or Interefl, of any Monies, 
 Wares, Merchandizes, or other Thing or Things whatfoever, or by any deceit- 
 ful Ways or Means, or by any Difcount, Covin, Device, or deceitful Convey- 
 ance, for the forbearing or giving Day of Payment, for One whole Year, of or for 
 their Money or other Thing, above the Sum of Six Pounds for the forbearing of 
 One Hundred Pounds for a Year, and fo after that Rate for a greater or leffer Sum, 
 or for a longer or Ihorter Time, fliall forfeit and loofe, for every fuch Offence, 
 the double Value of the Monies, Wares, Merchandizes, and other Things fo 
 lent, bargained, exchanged, or fliifted ; the One Moiety of all which Forfeitures 
 to be to our Sovereign Lord the King, his Heirs and Succeffors, for and towards 
 the Support of this Government, and the contingent Charges thereof, and the o- 
 ther Moiety to him or them that will fue for the fame, by Adlion of Debt, Bill,' 
 Plaint, or Information, in any Court of Record within this Province ; wherein 
 no Effoign, Protection, or Wager of Law, fliall be allowed or admitted of. 
 
 CHAP. XIL 
 
 Afi AB\ Jor appointing and hying out a Town on or near MIttam'j Pointy 
 on the South Bide of New River ^ in Onflow County^ by the Name of 
 Johnfton. 
 
 I- T T 7" H E R E A S the Inhabitants of Onjlow County, have petitioned for Preamble, 
 
 VV an Aft, for appointing a Town on Mittam\ Point, on the South Side 
 -of New River," and that Commiffioners may be appointed, to lay out the Lots in 
 the faid Town, and to difpofe of them, in Manner in the faid Petition mentioned -, 
 and for laying a Levy, for building a Court-houfe and Goal, for the faid County : 
 
 II. W E pray that it may be Enafted,* And be it Enacted, by his Excellency Commiffioners 
 Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent of his Ma- ou?the Town! 
 jefty^s Council, and General Affembly of this Province, and it is hereby Enacted, by 
 -the Authority of the fame. That as foon as the Proprietor of the Land on the faid 
 :5*oint Ihall acknowledge his or her Confent and Concurrence, in open Court of 
 xthe faid County, to have fuch Part of the faid Land laid out for a Town as herein 
 after is dircdled, jt fhall and may be lawful for Sanniel 'johnfton, John Starkey, 
 Jonathan Freemain, Samuel James, and James Foil, Efqrs. who are hereby no- 
 ,minated and appointed Commiffioners, with full Power and Authority, to lay out- 
 -Pne Hundred Acres of Land,, at the faid Mittam's Point, for a Town, by the 
 ,Name of Johnfion -, and they, pr the major Part of them, are hereby direfted 
 -and impowered, to lay out One Hundred Acres, at and adjoining the faid Point, 
 /into Lots, .of Half an Acre each, with convenient Streets, and a Square for Pub- 
 siic iBuildings. 
 
 III. AND 
 
140 
 
 L A W S of North-Carolina. 
 
 A D. 174T. 
 
 ^«— ■-" V ^ III. AND he it further Enabled., by the Authority aforefaidy That when the 
 
 cZ^^Lnrf'r Commiflioners, or the major Part of them, have laid out the faid Town into 
 »<=5'' ' Lots and Streets as aforefaidj every Perfon whatfoever^ who is wilUng to bean 
 Inhabitant of the faid Town, fhall have Liberty to take up any Lot or Lots fo 
 laid out as aforcfaid, and not before taken up ; which Lot or Lots the Commif- 
 fioners before appointed, or the Majority of them, are^hereby impowered to grant, 
 convey, and acknowledge, to the Perfon or Perfons 'fo taking up the fame, and 
 his Heirs and Afligns, tor ever, in Fee-Simple, upon the Payment*t)f Ten ShM- 
 lings. Proclamation Money, or the Value thereof in Currency, to the Treafurer 
 herein aft^r named* 
 
 Treafurer »p- IV. A N D be it further Enacted, by the Authority dforefaid. That James Foil^ 
 
 poimed. £j%. bp^ and is hereby appointed Treafurer and Receiver of all fuch Sum and 
 
 Sums of Money, which fhall arife by the Sale of the faid Lots^ for the Ufes here- 
 after mentioned •, and on the Death or Departure out of the Government of the 
 faid Treafurer, the faid Commiflioners, or the major Part of them* fhall appoint 
 fome other Perfon Treafurer, in the Place of the faid Treafurer. 
 
 Treafurer to give V. AND be it further Enabled, by the Authority aforefaid^ That the Trca* 
 Security, ^-^^.^j. hej-gin appointed, and every Treafurer that fhall or may be hereafter appoint- 
 
 ' ed by the Commiflionefs, as aforcfaid, fhall give Security to the County Court, 
 that he fhall and will account with, and pay in all the Monies he fhall receive by 
 the Sale of all ^nd ev^ry the Lot and Lots that fhall be fold. Yearly, on the Twen- 
 ty Fifth Day of March^ to Mr. Hope Dexter, or the Proprietor ot the faid Land. 
 
 L^tsto be fwed VI. PROVIDED always. That if any Lot or Lots fhall be granted and 
 in two Years. conveyed, by tlie laid CommifTioners, to any Perfon or Perfons whatlbever, who 
 fhall notj within Two Years, build a good fubftantial habitable framed Houfe, 
 not of kfsDimtnfions than Twenty Four Feet in Length, and Sixteen Feet wide, 
 befides Sheds or Leantos, oi* make fuch Prpiration for fo doing, as the Com- 
 miflioners, or the major Part of them^ fhall, on View, think rcafonable, fuch 
 Grant or Conveyance fhall be void, and it is hereby declared void and of none Ef- 
 fed, as if the fame had never been made-, and the CommifTioners may grant and 
 convey fuch Lot or Lots which fhall not be built on within the Time, and in the 
 Manner as is herein before dir.fted, to any oth. r Perfon or Perfons applying for 
 the fame, and paying the Money lor the faid Lot, as in this Aft is beiore dirt(5t- 
 ed, for the Ufe of the faid Hope Dexter, or other i roprietors, as aforcfaid. 
 
 Commiffi nersw VII. A N D be it furthcr Enacted, by the Authority aforcfaid. That the Com- 
 remjv.Nuiances. mifllonL rs, Ot the majoi" Part of them, fhall be, and they are hereby impowered 
 and authorized, to remove all Nufances within the Limits of the faid Town. 
 
 L,« tot. paled, Vin. AND be it further Ena^ed, by the Authority aforcfaid. That, no Per- 
 
 rr ,inn. w th f^^^ Inhabitant of the faid Town, or holding a Lot or Lots therein, fhall inclofe 
 
 Puft.andRaxi3. ^j^^ ^^^^^^ or keep the Gme inclofed, urtder a common Stake Fence 5 but every 
 
 Lot therein fhall be paled in, or inclofed with Polls and Rails L\. up. 
 
 Owner, of L'^.^ IX. AND be it furthcr Enacted, by the Authority aforcfaid. That all Perfons, 
 t,, keep the f.me Po^-^fl-prs or OWneTS of Lots in the faid Town, fliall, within Two Years' from 
 c/iV.j^rrMonth! the Date of their Grant or Conveyance, clear, and keep conftantly clear, their 
 Lot or Lots, from all Manner of Wood, Under- wood^ Brufh, and Grubs, un- 
 der the Penalty of One Shilling, Proclamation Money, for every Month fuch. 
 Owner or Owners of any Lot or Lots fhall negled to clear, or keep the fame 
 clear ; to be recovered by a Warrant from any Juflice of the Peace, and applied, 
 by the faid Commiflioners, for and towards ■ clearing the Streets in the faid Town. 
 
 X. AND 
 
LAWS o/'North-Carolina. 141 
 
 A D 1741. 
 
 X. A N D be it further Enabled, by the Autcrity aforefaid. That fof the En- Atter'ty^p'ubiic 
 couracremcnt of the faid Town, after there Ihall be Two good PubUc Houfes, Huf^sareimiit, 
 fit for the accommodating of Travellers, and good Boats provided, viz, one on ""^^^Z^^i^ alf* 
 each Side of the faid River, for tranfpor ting of Travellers, and their Horfes, the HubUc Bufinef* 
 faid Houfes and Boats to be approved of by the Juftices of the Court of the [° ^he Townf '* 
 faid County, when the greater Number of the Juftices are in Court, that then the 
 Court of the faid County, and all General Mufters, (hall be held in the faid 
 Town, and all other the Public Bufinefs of the faid County fhall be tranfadted in 
 the faid Town, and in no other Place or Places whatfoever. 
 
 lava 
 
 huildine 
 
 XI. AND be it further Enacted^ by the Authority aforefaid^ That the Juf- Juft'ces to 
 tices of the faid County are hereby impowered and authorized, to lay a Levy, ccuJuhouX" 
 not exceeding Eight Pence, Proclamation Money, Yearly, to be paid and colled- ^<^' 
 ed as other Public Taxes are, and applied towards building a Court-houfe and 
 
 Goal, and providing a Ferry, at the Charge of the County, for the Convenience 
 of the inhabitants of the faid County's pafling to and from the faid Town, to at- 
 tend the Court, and tranfad their Public Bufinefs. 
 
 XII. AND be it further Ena^ed^ by the Authority aforefaidj That the faid ]^^'"i mayufc 
 Juftices may, and they are hereby impowered and authorized, to make Ufe of Ihe cm' c' urt- 
 the old Court-houfe and Prifon, for the Ufe of the faid Court-houfe and Goal, to **°"^''' * ^"'°'*' 
 be built as aforefaid in the faid Town, either by pulling the fame down, and 
 
 moving fuch Part thereof as may be ufeful in building the faid Court-houfe to be 
 built in the faid Town, as aforefaid, or by felling the fame, and applying the 
 Money arifing by fuch Sale, towards ereding the faid Buildings in the faid Town. 
 
 CHAP. XIII. 
 
 An ASly to prevent the taking away BoatSy Canoes^ or Fettiaguas^ from 
 Landings^ or elfewherej ivithout Leave, 
 
 T 
 
 O prevent taking Boats, Canoes, and Pettiaguas, from Landings, or elfe- 
 where, without Leave j 
 
 II. W E pray that it may be Enaded, And be it Enacted^ by his Excellency Pcrfnns takJng 
 Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent of his Ma- ^ J"£*^; "'*'" 
 jejiy's Council, and General Affembly of this Province, and it is hereby Enacted, by forfeit aol. «a 
 the Authority of the fame. That any Perfon or Perfons who, after the Ratification '"** ^*'""* 
 of this Aft, fhall take away from any Landing or other Place where the fame 
 ihall be, any Boat, Canoe, or Pettiagua, belonging to, or in the Cuftody of any 
 Perfon whatfoever, without the Confent and Leave of the Owner or PofTefTor of 
 fuch Boat, Canoe, or Pettiagua, or fhall loofe, unmoor, or turn fuch Boat, Canoe> 
 or Pettiagua adrift, fuch Offender or Offenders Ihall feverally forfeit and pay, to 
 the Party who fhall own, or in whofe Cuftody and PofTefTion fuch Boat, Canoe, 
 or Pettiagua was, the Sum of Twenty Shillings, Proclamation Money •, to be re- 
 covered by a Warrant from any Juftice of the Peace within the County where the 
 Offence fhall i)e committed, who is hereby impowered and required to hear and 
 determine all fuch Offences : And if any Offender or Offenders fhall, after Con- cfftnders refti- 
 vi6tion, negledt or refufe to pay the faid Sum of Twenty Shillings, Proclamation cngwp'y^ h^r 
 |vloney, in fuch Cafe, it fhall and may be lawful for the faid ||"uftice, by his War- illmll?i)ka. 
 rant, to commit fuch Perfon to the Goal of the County, where he fhall remain 
 yjjitil he ihall have paid the fame, and the accruing Cofts. 
 : Nn - III, PRO- 
 
142 LAWS of North-Carolina. 
 
 A. D. 1741. 
 
 Nl^'toXbarT^ III. PROVIDED always. That nothing in this Ad fhall be underftood or 
 prrf.n from h.s conftrued to debar any Perfon from his or her Adlion at Common Law, for any 
 m^n""Lw^f'^ Damage fuftained, by Reafbn of any Boat, Canoe, or Pettiagua, to them belong- 
 D-imagc fuftain- Ing, fo taken or unloofed, unmoored or turned adrift, from any Landing or other 
 *^' Place where the lame was left, againft any Perfon whatfoever, notwithftanding 
 
 fuch Perfon fhall have paid the Penalty by this Aft inflided j any Thing herein 
 contained, or any Law, Ufage, orCuftom, to the contrary, notwithftanding. 
 
 Servant or Slave 
 offending, and the 
 
 IV. AND be it further Enabled, by the Authoriy aforefaid. That if any White 
 Mafter'refufing't'o Setvant, Ncgroc, or Slave, Ihall offend againft this Aft, and be thereof convift- 
 servanf oTskve ^<^» ^"^ ^^^ Maftcr, IVliftrefs, or Owner of fuch White Servant, Negroe, or 
 to be whipt. Slave, fhall refufe to pay the faid Sum of Twenty Shillings, Proclamation Money, 
 
 fuch Servant or Slave fhall fuffer Correftion, by whipping, at the Difcretion of 
 
 the Magiftrate, not exceeding Thirty Nine Lafhes. 
 
 Not to extend to V. P ROV ID ED olways, mid be it Enabled, That neither this Aft, nor 
 ^ref-rvdrl"' b" ^^^ Penalties thereof, fhall be conftrued to extend to any Perfon who fhall prefs 
 Authority, or any Boat, Canoe, or Pettiagua, by Public Authority, or to any Perfon who fhall 
 prof „ Owners, ^^-^^^ j^j^ ^^j^ proper Boat, Canoe, or Pettiagua, or to any other Perfon or Per- 
 fons, being lawfully impowered fo to do by the Owner, from any Place or Land- 
 ing, or from any Perfon in whofe Cuftody he fhall find the fame, or to any Ser- 
 vant or Slave taking any Boat, Canoe, or Pettiagua, from any Landing or other 
 Place, by Order of his or her Mafttr, Miftrefs, or Overfeer. 
 
 Mafter orderir- ^^' AND he it further Enabled, That if any Malier, Miftrefs, or Overfeer,' 
 Servant or Slav! fhall ordtr any Servant or Slave, belonging to them, or under the Care of any of 
 fe/^iiable^Jthe ^^^""'» to take from any Landing, or other Place, any Boat, Canoe, or Pettiagua, 
 Penalty. conttary to the Intent and Meaning of this Aft, fuch Mafter, Miftrefs, or Over- 
 
 feer of fuch Servant or Slave fo offending, fhall be liable to the Forfeitures and 
 Penalties of this Aft, as if they, in their proper Perfon, had done the fame ; any 
 Thing herein before contained, to the contrary, notwithftanding. 
 
 RepeaiiBgciaufe. VII. AND he it further EnoMed, by the Authority, afore faid. That all and 
 every other Aft and Afts, and every Claufe and Article thereof, fo far as relates 
 to prevent the taking Boats, Canoes, or Pettiaguas, from Landings, or elfewhere, 
 without Leave, is and are hereby repealed and made void, to all Intents and Pur- 
 pofes, as if the fame had never been made. 
 
 CHAP. XIV. 
 
 An A5i, for the better Obfervation and keeping of the Lord's Day, com^ 
 monly called Sunday j and for the more effectual SuppreJJion of Vice and 
 Immorality, 
 
 PfeamWe. I. TTTHEREASIn well regulated Governments, efFeftual Care is alwayi 
 
 VV taken, that the Day fct apart for Publick Worfhip, be obferved and 
 kept holy, and to fupprefs Vice and Immorality : Wherefore, * 
 
 No Perfon to do 
 
 any Work on bricl 
 
 II. W E pray that it may be Enafted, And he it Ena5ied, by his Excellency Ga- 
 iel Johnfton, £/j; Governor, by and with the Advice and Confent of his Majejiy's 
 Council, and General Affembly of this Province, and it is hereby Enacted, hy the 
 Authority of the fame^ That all and every Perfon and Perfons whatfoever /hall. 
 
 oa 
 
LAWS of North-Carolina. 
 
 14.^ 
 
 43 
 
 on the Lord's Day, commonly called < "Sunday, carefully apply themfelves to the "^^ ^- '74i- 
 
 Duties of Religion and Piety ; and thi ^ "» Tradefman, Artificer, Planter, La- *^ "^ ^ 
 
 bourer, or other Perfon whatfoever, fha* '1, "pon the Land or Water, do or ex- 'oM^lFi'l 
 ercife any Labour, Bufincfs, or Work, c ^^ t:heir ordinary Callings, ( Works of 
 Neceffity and Charity only excepted,) nor employ themfelves either in hunting, 
 fifhing, or fowling, nor ufe any Game, S^ ^ort» or Play, on the Lord's Day a- 
 for.;faid, or any Part thereof, upon Pain that every Perfon fo offending, being of 
 the Age of Fourteen Years, and upwards, xl '^^ forfeit and pay the Sum of Ten 
 Shillings, Proclamation Money. 
 
 III. A N D he it further Enabled, hy the Autho, ""ity aforefaid^ That if any Perfon iWons fweznng 
 or Perfons lliall prophanely fwear or curfe, in tlit ^ Hearing of any Juftice of the ^jiS^laf 
 Peace, or Ihall be convided of prophanely fwearin^^ '? and curfing, by the Oath of ^^ =. 6 d/ 
 
 one or more Witnefs or Witnefies, or Confeflion Oi ^ the Party before any Juftice 
 
 or Juftices of die Peace, every fuch Offender fhall forfeit and pay the Sum of 
 
 Two Shillings and Six Pence, of the like Money, for every Oath or Curfe : And Public officer 
 
 if any Perfon, executing any Public Office, fhall proj. "ihanely fwear or curfe, be- ^^"^ '^'=<' "f 'f^e 
 
 ing firft convided, as afortfaid, fuch Perfon fhall forfeit and pay the Sum of Five ^'"^' '°^^^ '*' 
 
 Shillings, of the like Money, for each and every Oath c 'r Curfe. 
 
 IV. AND belt further EnaHed, That if any Perfon or Perfons fhall prophane- Perfons fwMrin 
 ly fwear and curfe, in the Prefence of any Court of Recofv d in this Government, '" "'^ Prefencc of 
 fuch Offender or Offenders fhall immediately pay the Sum of Ten Shillings, of lo^^o/bepuun 
 the like Money, for each and every Oath or Curfe -, to be dt pofited in the Hands ^^^ stocks. 
 
 of the Chairman of the faid Court, and by him accounted fo,r and paid, as herein 
 after is dirededj or to fit in the Stocks, not exceeding Three Hours, by OrdeF 
 of fuch Court. 
 
 V. AN D be it further Enacted, by the Authority aforefaid. That every Perfon Perfons getting 
 con vided of Drunken nefs, by View of any Juftice of the Peace, ConfefTion of the Jo p" y Ts'^^onY.' 
 Party, or Oath of one or more Witnefs or Witneffes, fuch Perfon fo convi(5ted, "y "t*i« Day, 
 fhall, if fuch Offence was committed on the Lords Day, fo.«"feit and pay the Sum *'" ^^' 
 
 of Five Shillings, of the like Money •, but if on any other Day, the Sum of Two 
 Shillings and Six Pence, for each and every fuch Offence. 
 
 VI. AND for the better Execution of all and every of the foregoing Orders, j^^i^s p^„,j, ^^ 
 Be it further Enacted, That all and every Juftice and Juftices of the Peace, with- hear and deter- 
 in his or their refpedive County, fhall have full Power and Authority to convene ^aiTft^twTAft!' 
 before him or them, any Perfon or Perfons who fhall offend in any of the Parti- 
 culars before mentioned, in his or their Hearing, or on other legal Convidion of 
 
 •any fuch Offence, and to impofe the faid Fine or Penalty for the fame, and to reftrain 
 or commit the Offender until it be fatisfied, or to caufe the fame to be levied by 
 Diftrefs and Sale of the Offenders Goods, returning the Overplus, if any, to the 
 Owner: And in Cafe any fuch Offender be unable to fatisfy fuch Fine, to caufe 
 him to be put in the Stocks, not exceeding Three Hours. 
 
 VII. P ROV ID ED always. That all Informations againft the aforefaid Of- information to be 
 Fences, fhall be made within Ten Days after fuch Offence or Offences committed, «»»"»« '«"»»y'' 
 and not after. 
 
 VIII. AND be it further Enacted, by the Authority aforefaid. That all Fines pine, appropria. 
 accruing and becoming due by Virtue of this Aft, fhall be levied as foon as may ted, .nd ho«"to 
 be after Conviftion, One Half to the Informer, the other Half to the Ufe of the '''p*'*'* 
 'Parifh where fuch Offence fliall be committed ; and the Chairman and Juftices of 
 
 the feveral Courts of the feveral Counties of this Province, are hereby directed to 
 account for, upon Oath, and pay fuch Fine or Fines as fhall or may by them, 
 
 or 
 
144 
 
 L A W S of North-Carolina. 
 
 ^, D. J74I. or any of them, be received, by Virtue of this A<5b, to the Churchwardens of the 
 
 * V ' refpedlive Pari(hes of this Government, at leaft once a Year, when the fame fhall 
 
 be demanded by the Churchwardens ; under the Penalty of paying the Sum of 
 Twenty Pounds, Proclamation Money, for every Refufal, to be levied and ap- 
 plied as aforefaid. 
 
 Perfons comrnit. IX. A N D be it furthcT EnttBcd, hy the Authority aforefaid. That if any Per- 
 
 ta"fo^eifzfs°"' fo"s commit Fornication, upon due Convi(5lion, each of them Ihall forfeit and 
 
 pay Twenty Five Shillings, Proclamation Money, for each and every fuch Of-^ 
 
 fence •, to be recovered, and applied to the fame Ufe, as the other Fines in this Ad:. 
 
 Single •vtToman X. AND he it further Enabled, That any Two Juftices of the Peace, upon 
 and" refufin^''to' ^^^^"^ ®^" Knowlcdge, or Information made to them, t'hat any fmgle Woman 
 tell the Father, within their County is big with Child, or delivered of a Child or Children, may 
 an/tDgWes«"u! caufe fuch Woman to be brought before them, and examine her, upon Oath, 
 rity to keep the conccming the Father ; and if fhe Ihall refufe to declare the Father, flie Ihall pay 
 ^'"''*' the Fines in this Ad before mentioned, and give fufficient Security, to keep fuch 
 
 Child or Children from being chargeable to the Parilh, or fhall be committed to 
 Prifon, until flie fhall declare the fame, or pay the Fine aforefaid, and give Se- 
 lf (he declares curity as aforcfaid : But in Cafe fuch Woman fhall, upon Oath, before the faid 
 the Father, he Jufticcs, accufc any Man of being the Father of a Baflard Child or Children, 
 fytperformVi bcgottcn of her Body, fuch Perfon fo agcufed fhall be adjudged the reputed Fa- 
 order of Court xhtv of fuch Child or Childrcnj and ftand charged with the Maintenance of the 
 thereon. famc, as the County Court fhall order, and give Security, to the Juftices of the 
 
 faid Court, to perform the faid Order, and to indemnify the Parifli where fuch 
 Child or Children fhall be born, free from Charges for his, her, or their Main- 
 tenance, and may be committed to Prifon until he find Securities for the fame, if 
 fuch Security is not by the Woman before given. 
 
 •j /I- . I.- j.„' XT. AND he it further Ena6led, That the faid Two Juftices of the Peace, at 
 
 Julticestobind to i-i i /-^ /~\ i-i-i i 
 
 the next Court their Difcrction, may bmd, to the next County Court, him that is charged, on 
 with"being\he'^ Oath, as aforefaid, to have begotten a Baftard Child, which fhall not be then 
 Father of a Child bom ; and the County Court may continue fuch Perfon upon Security until the 
 unborn. Woman fliall be delivered, that he may be forth coming when the Child is born. 
 
 This Aft to be XI^' AND he it further EnaEted, hy the Authority aforefaid. That this Ad fliall 
 lead twice a Year be Publlcly Tcad, Two fevetal Times in the Year, in all Parifh Churches and 
 ihe^Mmmer'&c! Chappels, or for Want of fuch, in the Place where Divine Service is performed in 
 on Penalty of evcry Parifh within this Government, by the Minifter, Clerk, or Reader of each 
 '°'' Parifh, immediately after Divine Service, that is to fay, on the Firft or Second 
 
 Sunday in April, and on the Firft or Second Sunday in September, under the Pe- 
 nalty of Twenty Shillings, Proclamation Money, for every fuch OmifTion or Ncg- 
 led -, to be levied by a Warrant from a Juftice, and applied to the Ufe of the 
 Parifh where the Offence fhall be committed j and the Churchwardens of every 
 Parifh are hereby required to provide a Copy of this Ad, at the Charge of the 
 Parifh. 
 
 currymeh liable XIIL PROVIDED always. That nothing herein contained fliall be confl:rued 
 
 iftment*"" ^""' ^^ cxcmpt any Clergyman within this Government, who fhall be guilty of any of 
 
 the Crimes herein before mentioned, from fuch further Punifhment as might have 
 
 been infiided on him for the fame, before the making of this Ad j any Thing 
 
 herein contained to the contrary, notwithftanding. 
 
 AepMiuigClaufe. XIV. AND he it further Enabled, hy the Authority aforefaid. That all and 
 every other Ad and Ads, and every Claufe and Article thereof, heretofore made, 
 fo far as relates to the Suppreffion of Vice, or Keltrain and Punifliment of wicked 
 
 and 
 
s L A Pf^ S of N O R T H -Ca R O L I NAo 14^ 
 
 and defolute Perfons, or any Matter or Thing, within the Purview ot this Ad:, ^ ^ '74^ 
 
 is and are hereby refealed and made void, to all Intents and Purpofcs, as if the ^* - 
 fame had never been made. 
 
 CHAP. XV. 
 
 An Acfy for the Tryal of fmall and mean Caufes. 
 
 I. TT T H E R E A S the Charges, in the General and County Courts of this PfwmW:. 
 
 YY Province, in many Actions of fmall Value, do very often furmount 
 the Demand of the Plaintiff ; to the very great Damage of the Parties : 
 
 II. W E pray that it may be Enadled, yind h it Enacted, by his Excellency Two Juftices to 
 Gabriel Johnfton, Efq; Governor, by and with the Advice end Confent of his Ma- XLyl^tt^t 
 jejiy's Council., and General Affcmbly of this Province, and it is hereby Enacted, by the 
 Authority of the fame. That any Two Juftices of the Peace are hereby impowered, 
 
 by their Warrant, under their Plands and Seals, direfted to the Sheriff, Under- 
 Sheriff, or Conftable, in all Adtions of Debt, or other Demand whatfoever, for 
 any Sum or Matter \o the Value of Forty Shillings, Proclamation Money, or 
 Under, to caufe to be apprehended and brought before them, any Perfon or Per- 
 fons which have and do rctufe or negled to pay any Creditor complaining of his 
 or their Debt or Debts, or Demands, amounting to the Sum afortfaid, and alfo, 
 to iffue their Summons or Summonfes for fuch Witnefs or Witneffes, who fliall 
 or may be required, either by Plaintiff, or Defendant, for the better Proof, clear- 
 ing, and opening of the Matter contefted between fuch Parties ; and after having 
 heared the Parties, and fuch Evidence as fhall be required or produced by them, 
 and each of them, to adjudge and finally determine all Complaints and Adiions of 
 Debts and Demands, as aforefaid, before them brought. 
 
 III. AND he it further Enacted, That the Plaintiff or Plaintiffs obtaining fuch piimdff to make 
 Warrant or Precept, Ihall make Proof of his Debt or Demand before fuch juf- ^°^ "^ *"* 
 tices, in the fame Manner, and under the fame Reftridfions, as is provided and 
 prefcribed by an A(5t, for prefcribing the Method of proving Bock Debts , otherwife 
 
 his, her, or their Complaint fhall be difmifl, with Cofls. 
 
 , IV. AND be it further Enacted, That after Determination of any of the Mat- ju^^ces to gram 
 ters aforefaid by the faid Juflices, they are hereby impowered and required to iffue Et-^cu'^" "p^n 
 Execution, to be levied upon the Goods and Chatttis of the Defendant or Defen- chattels" or^oa 
 dants, to the full Value ot the Debt due, and the Cofls and Charges hereafter in ii^^B^^y. 
 this Aft provided to be paid ; and for V'ant of Goods and Chatties, to commit 
 the Body or Bodies of the Defendant or Defendants to the Common Goal, until 
 he or they fliall pay his or their Debt or Debts aforefaid, together with the Cofts ; 
 and alfo, in Cafe the Plaintiff fhall be cafl, to iffue Execution, to levy the Cofls 
 for the Defendant, or commit the Plaintiff to Frifon till the fame is paid, in the 
 fame Manner as the Proceedings were to be had againft the Defendant, on Judg- 
 ment being had againfl him. 
 
 V. AND be it further Enacted, hy the Authority aforefaid. That all and every Goods taken m 
 Sheriff or Conflable, Ihafl caufe all Goods and Chattels, taken in Execution by LT,oDar'^ 
 Virtue of tliis A<51:, to be kept in fafe Cuftody Ten Days, and if the Owmr or 
 Owners of fuch Goods fhall not, within the Lid Ten Days, fatisfy the faid Debt, 
 and Cofls, the Sheriff or Ccnilable fhall fell the fame, at Public^ Vandue ; and af- 
 ter fatisfyingthe Judgment of the Juftices as aforefaid, fliall return the Overplus, 
 if any there be, to the Owner. 
 
 O o VI. PRO- 
 
1^5 Z^/^/^'So/'North-Carolina. 
 
 '^-"-'v ' VI. P ROV ID ED always. That the Tender of the Commodities hereafer 
 
 modtues"to^rr- mentioned, at the t^laintiffs l^lace of Refidence in the County, fhall difcharge any 
 fonrkcrfn^Ex' ^^^fon or r*erfons. Body or Goods, in Execution on any Judgment, to be given 
 «"t:o,v/"o'n' any as afofcfatd V that is to fay. Tobacco, Deef-lkins, Bees-wax, Tallow, or Rlcf, 
 ■K^Treliioiaers ^^ rated by the Ad:, for granting an Aid to His Majrfty: And if any Difputc 
 to view'tLcom' Ihall arife between the Parties, whether fuch Commodities fo tendered be good 
 *?,of'ta befo.^ and m:rchantable, in fuch Cafe the Juftice or Juftices before whom fuch Caufe 
 felted to the p.»- wus determined, fliall appoint Two Freeholders, who, upon their Oaths, (hall in- 
 th?n' li Mon!y fp^c^ the fame •, and if they fliall deem the (lime not good and merchantable in its 
 to difcharge the Kind, the fame fliall be fortcited, and fold by the Churchwardens, to the Ufe of 
 ®''"" the Parifh where fuch Tender (hall be made -, and then nothing (hall difcharge 
 
 fuch Judgment and Execution, but Money: And if the faid Commodities fo ten- 
 dered be adjudged good and merchantable, the Plaintiff (hall be obliged to accept 
 of the fame, in Difcharge of fuch Debt, and Cofts. 
 
 Warrants to hav. VII. A N D Ic U fuTther EfiaEied, That all original Warrants, granted by Vir- 
 ^\^ '^nd'vaH.c'^f ^"^ ^^ ^^^'^ ^*^* ^^^^ ^^^^ infcrtcd, and plainly iignified, the Name or Names 
 the Debt, iXt. of the Plaintiff or Plaintiffs, the Debt demanded, and whether by Bill, Account^ 
 "*• Afllimpfit, or otherwife, due. 
 
 ^ufflcts and Con- VIII. A N D bi it furthcT Enalfcdy by the Authority aforefaid. That the faid 
 ftabiesFees. Juftices^ Or their Ckrk, flwll, for each Warrant, receive One ShiUing and Three 
 Pence, Proclamation Money, and for every Execution, One Shilling and Three 
 Pence J and every Sheriff or Conftable, for every original Warrant executed, fhalt 
 be allowed One Shilling and Three Pence, Proclamation Money, and for every 
 Subpoena, One Shilling, and for every Execution, One Shilling and Three Pence. 
 
 IX. AND that all poffible Means may be ufed, for the Payment of the Plain- 
 
 ?ent"t"y.'wi tiff or Plaintiffs Debt, aiter Execution obtained againft the Body of the Defendant 
 
 his conf n't, be or Defendants, // is alfo Enacted, That the Juitices have Power, and they arc 
 
 w^pt/thVoTt! hereby impowered, in fuch Cafes where they fliall judge the Defendant not worth 
 
 the Debt recovered as aforefaid, then, and not otherwife, by and with the Confent 
 
 of the Defendant or Defendants, him or them to hire to Labour, at fo much per 
 
 D^em, as either the Plaintiff, or any indifferent Perfon, will allow, until the whole 
 
 Debt, by the Produce thereof, be paid; which Produce the Juftices are hereby 
 
 required to caufe to be employed to no other Ufe but paying of the Debt or Debts 
 
 as aforefaid. 
 
 All Debts, to the X. A N D be it further Enacted, by the Authority aforefaid, and it is the true In- 
 itliyfAlil ient and Meaning of this Act, That any Perfon who remains indebted, by any 
 two Juftice.. Bond, Bill, Specialty, Account, Contraft, Agreement, Affumpfit, or otherwife 
 howfoever, to the Sum of Forty Shillings, Proclamation Money, or under, (hall 
 only be fued and tried before Juftices of the Peace, in Manner and Form afore- 
 faid, and no otherwife. 
 
 suUtrc.gM for XI. AND be it further Enabled, That every Perfon that (hall bring any Ac- 
 v^'d'ateforS tion or Suit, in any XZourt within this Province, for more than Forty Shilhngs, 
 Pit'. top°'yc-.fts' ProcVamation Money, and thereupon fhall have a Verdi6t for lefs than Forty Shil- 
 ofTrcrpafs^r ling^> like Money, fhall lofe his Coft of Suit; except in Aftions of Trefpafs, and 
 ■ Anions of Defamation, and where an Account is unfettled, and the Defendant 
 
 fhall refufe or negleft, upon Notice given by the Plaintiff, to meet and fettle tho 
 
 fame. 
 
 Debt under 20 8. XII. AND be it further Ena^cd, by the Authority aforefaid. That for the 
 
 to be tryed by ^ fpecdy dolng of Juftice, where the Debt or Demand fhall not exceed Twenty 
 
 ^ ' ° '' . Shillings, 
 
L A PF S of NoRT h-Car o l i n a. 147 
 
 Shillings, Proclamation Money, any one Juftice of the Peace Ihall have full Pow- ^- ^ '741- 
 er and 'Authority, to hear, try, dnd determine all fuch Caufes, in fuch Mariner ^ '"y 
 and Form as is before'Sn this Aft provided ibr Two Judices, where the Debt or 
 Demand fhall amount to the Sum of Forty Shillings : And all Sheriffs or Confta- sherifs and Con- 
 bles, to whom either original Warrants, Subpoena for Witnefies, or Execution ll^X'nce' to'' ai'i 
 or Executions upon Goods and Chatties, or the Body of the Defendant or De- Wairants, &«.- 
 fendants as aforefaid, are direded by any one- or more Juftice or Juftices of the 
 Peace, are hereby impowcred and commanded to give due Obedience in the Ex- 
 ecution tlicreof, according to the true Intent and Meaning ot this Aft. 
 
 XIII. AND he it further Enacted, by the Authority aforefaid. That if either Right of Appeal, 
 of the Parties (hall be dilTatisfied with the Judgment given by the Juftice or Juf- 
 tices, he may appeal to the next County Court, firft giving Security for prcfccu- 
 
 ting fuch Appeal with Effcft-, which Caufe fhall be tried and finally determined 
 the fame Court, by a Jury, without any further Procefs, in the fame Manntr as 
 Cauf.s are there tried brought by oiiginal Writ ; and Judgment fhall thereupon 
 be given, and the Party caft ftwU pay the Coft of all Proceedings had thereon, to 
 be taxed by the Court. 
 
 XIV. A N D he it further EnaSled, h'y the Authority aforefaid. That all and eve- Repeaiingciaufe, 
 ry other Aft and Afts, and every Claufe and Article thereof, heretofore made, 
 
 {o far as relate to the Tryal of fmall and mean Caufes, or any other Matter or 
 Thing wh-itfoever, within the Purview of this Aft, is and are hereby repealed and 
 made void, to all Intents and Purpofcs, as if the fame had never been made. 
 
 CHAP. XVI. 
 
 An ASi, for afcertalnlng the Damage upon protejled Bills of Exchange, 
 
 I. "j^ OR afcertaining the Damage upon protefted Bills of Exchange, We pray pmteftej Bills of 
 X/ that it may be Enafted,. And he it Enabled, by his Excellency Gabriel ^'"j^",^,^^^"^^"" 
 Joaiiiton, Efq; Governcr, by and with the Advice and Confent of his Maiefifs the Date t.i paid. 
 Council, and General Ajfanbly of this Fr evince, and by the Authority of the fame^ ^' lofnCcnt^ 
 That v/here any Bill of Exchange is, or fhall hereafter be drawn, for the Payment 
 9f any Sum of Money, in which the Value is or Ihall be expreifed to be received, 
 and fuch Bill is or fliall be protefted, for Non-acceptance or Non-payment, the 
 fame Ihall carry Intertft froin the Date thereof, after the Rate of Ten per Cent, per 
 Annum, until the Money therein drawn for, ftiall be fully fatisfied and paid. 
 
 II. BUT leaft any Perfon having any fuch Bill, fhould, for the Sake of the i„tgreft allowed 
 Intereft, delay negotiating the fame, or if, after it fliall be protefted, Ihall not de- ^^^^ 18 Momhs, 
 rnand Payment thereof of the Drawer or Indorftr, It is further Enacted and De- manded!"'"' "^'t 
 dared, Thit no Perfon whatfoever ftiall pay more than Eighteen Months Intereft, 
 
 from the Date of any fuch Bill, till it fliall be prefented protefted to the Drawer 
 or Indorfer thereof. 
 
 III. AND be it further Enacted, hy the Authority aforefaid. That where any x^ per Ci«t. 1,1. 
 Bill, drawn before the making of this Aft, or which fhall hereafter be drawn, is '°*"^<i f" "a- 
 or fhall be protefted as aforefaid, there (hall be paid unto fuch Perfon or Perfbns ofptot^ft. 
 as fhall have Right to demand the fame, for his, her, or their Damage in that 
 Behalf fuftained, after the Rate of Fifteen per Cent, for the Sum exprefTed in the 
 faid Bill, together with the Cofts and Charges of the Proteft, and no more. 
 
 with Cpfta 
 
 IV. AND 
 
148 
 
 L A IV S of North-Carolina. 
 
 A. L\ 
 
 «74' 
 
 IV. AND le it further Enacted^ by the Atitbcrity aforefaid^ That it ihall and 
 
 brought T/ainft iTiay bc lawful for any Ferfon or Perfons, having a Right to demand any Sum of 
 
 Drawer and In ivlonev duc UDon E proteftcd Bill of Exchange, to commence and profecate an 
 
 fepjMteiy. Action foF iL^rincipai, intereit, and Charges or rrotelt, againtt the L-rawer and 
 
 Indorfers jointly, or againft either of them I'cpar.teiy, and judgment ihall and may 
 
 be given for fuch Principal Draught and Charges, and Intcreft, alter the Rate of 
 
 Ten per Cent, -per Annum, as aforcfaid, to the Time of fuch judgment. 
 
 t 
 
 ^efMiingCiaufc. V. A N D be it further Enacted, by the Authority aforefaid. That all and every 
 
 other A(5t and Adts, and every Ciaufe and Article thereof heretofore made, fo far 
 
 . as relate to any Matter or Thing whatfoever within the Purview of this Adt, is 
 
 and are hereby repealed and made void, to all Intents and Furpofes, as if the fame 
 
 had never been made. 
 
 Preansble. 
 
 CHAP. XVII. 
 
 An A£i, for regulating Weights and Meafures. 
 
 H E R E A S many notorious Frauds arid Deceits are daily committed, 
 by falfe Weights and Meafurcs : For Prevention whereof. 
 
 w 
 
 Weiehts 3»d ^^' ^^ P^^y ^^'^ ^'^ "^^y ^^ Enadted, And bs it Enabled, by his Excellency Ga- 
 
 Meafures to be Brlcl Johnfton, Efq--, GoverncTy by and with the Advice and Confent of his Majefiy^s 
 
 stsndl'r? in° t'he CouncH, and General /iffembly of this Province^ and it is hereby Enacted, by the 
 
 ixctequer. Authority of the fame. That no Inhabitant or Trader fhall buy or fell, or Gth^.r- 
 
 wife make Ufe of in trading, any other V\/eights or Meafures than are made and 
 
 ufed according to the Standard in his Majeity's Exchequer, and the Statutes of 
 
 England in that Cafe provided. 
 
 juftieef to pM. III. AND fot#the Difcovery of Abufes, Be it further EnaSied, by the Authority 
 Wei ht""t'nd ^forefaid. That the Juftices of each and every County within this Government, 
 Meafures, a"d a fhall. Within Tw6 Ycars next after the Ratification ot this /.dt, at the Qharge of 
 Keeper, thereof, cach County refpedtively, provide fealed Weights, of Half Hundred, Quartt^rs of 
 Hundreds, Half Quarters of Hundreds, btven Pounds, Four Pounds, Two 
 Pounds, One Pound, and Half Pound ; and Meafures, of Ell, and Yard, of Brafs 
 or Copper, and Meafures, of Half Bulhel, Peck, and Gallon, of dry Meafure ; 
 and a Gallon, Pottle, Quart, and Pint, of Vv ine Meafure •, (tor the Payment of 
 which Charge, the faid Juftices are hereby impowered to levy a Tax on their re- 
 fpedtive Counties,) to be kept by fuch Ptrfon, and in fuch Place, as the Juftices 
 of each refpedtive County fhall appoint, fuch Perfon firft giving fufhcient Security 
 Tc be prnrided to the faid Juftices, in the Sum of Fifty Pounds, Proclamation Money : And the 
 ^■^J^^ Stamp and faid Juftices fhall alfo find and provide for the faid Perfon, a Stamp for Brafs, 
 Tinn, Iron, Lead, or Pewter Weights, or iMeafures, and alfo a Brand tor Wooden 
 Meafures, of the Letters N. C. upon Pain of forfeiting and paying the Sum of 
 Ten Founds, Proclamation Money ; to be recovered irom the faid Juftices, by 
 Adtion of Debt, Bill, Plaint, or Information, in the General Court of this Pro- 
 vince, and applied to the Ufe of our Sovereign Lord the King, tor and towards 
 the Support of this Government, and the contingent Charges thereof. 
 
 wh» ffiaii try IV. AND be it further Enabled, by the Authority aforefaid. That any Perfon 
 Wei tiT^ "" whatfoever ufing Weights or Meafures, fhall bring all their Meafures and Weights 
 MeaLei. ""^ to the Keeper of the Standard of the County where fuch Perfon ihall refide or 
 
 trade, 
 
L A W S of North-Carolina. 149 
 
 trade, to be there tried by the Standard, and fealed or ftamped : And if any rtr- /^ ^- '^'^^ 
 fon or Perfons fhall buy, fell, or barter, by any Weight or Meafure which fliall i,„,^^^J"J,g ^y 
 not be tried by the Standard, and fealed or Itamped as aforefaid, he, flie, or they untryed Wejghw 
 fo offending, fhall, for every fuch Offence, forfeit and pay the Sum of Ten f^'^^T'' " 
 Pounds, Proclamation Money, one Half to the Ufe of the County where fuch 
 Offence fhall be committed, and the other Half to the Party who fhall fue for the 
 fame ; to be recovered in any Court of Record in this Government, wherein no 
 Effoign, Protection, Priviledge, Injundion, or Wager of Law, fhall be allowed. 
 
 V. AND whereas Steelyards, by Ufe, are fubjed to Alteration, Be it further steeiywds to be- 
 Enaaed, by the Authority aforefaid. That M and every Perfon who fhall ufe, "^'J,^^";^^;'^*- 
 buy, or fell, by Steelyards, fhall, once evopYear, try the fame with the Stand- 
 ard, and take a Certificate from the Keeper of the Standard for the County where- 
 in fuch Perfon fhall refide, upon Pain of Twenty ShiUings, Proclamation Money ; 
 
 to be recovered and applied as aforefaid. 
 
 VI. AND be it further Enabled, by the Authority aforefaid. That it fhall and ^^'fj"^^^^;''^*?' 
 may be lawful for the Standard Keeper to demand and receive the Sum of Nine 
 
 Pence, Proclamation Money, for each and every. Pair of Steelyards, Weights, or 
 Meafures, by him ftamped or fealed as aforefaid. 
 
 VII. AND be it further Enabled, by the Authority aforefaid. That the Stand- 
 ard-Keeper of each and every County, fhall, at the next Court to be held for the 
 County in which he fhall refide, take the following Oath, viz. 
 
 YO U fhall fwear, I'hat you will not ftamp, feal, or give any Certificate for His Oath. 
 any Steelyards, JVeights, or Meafures, but fuch as fhall, as near as ■poffible, 
 dgree with the Standard in your Keeping -, and that you will, in all Refpccts, truly 
 and faithfully difcharge and execute the Power and Trufi by this Act repofed in you, 
 to the beji of your Ability and Capacity. So help you God. 
 
 VIII. A N D be it further Enabled, by the Autority aforefaid. That the Stand- ^""'^gCoJ^'^u' 
 ard-Keeper of each and every County in this Government, is hereby impowered rray fearch fuf* 
 and required, with the Affiftance of a Conftable, ( who is hereby commanded, up- p^^'^^ "v"faife 
 on Notice, to attend him, upon Information made to him of any Perfon or Per- Weights, &c. be 
 fons keeping, or having in his or their Houfe or Cuftody, any Steelyards, Weights, bi"d''lHl"owVer 
 or Meafures, which have been altered, leffened, or fhortned, fince they were tried cf \m over to 
 and fealed by the Standard, or fhall be fufpeded of buying, felling, or bartering f'und guilty,' the 
 by fuch falfe Weights and Meafures,) to fearch the Houfes or other fufpe<5ted t^"ff "^^r ^^^ 
 Places of fuch Offender, for any fuch Weights or Meafures fo falfified ; and if, up- exLtding «s '• 
 on Search, any fuch falfe Weights or Meafures fhall be found, he fhall charge a 
 Conftable with the Owner of them, or the Perfon uling them, who fhall forth 
 
 with convey him, her, or them, before any Juftice of the Peace, who is hereby 
 directed to bind him, her, or them, over to the next Court to be held for the 
 County where the Offence fhall be committed -, and the faid Offence fliall be laid 
 before the Grand Jury, by the King's Attorney-General, or his Deputy, and for 
 Want of them, by any Perfon the County Court fhall think fit to appoint, and 
 fhall be cognizable by the faid Grand Jury, either by Indidtment, or Prefentment; 
 and if, upon Tryal by a Petit Jury, fuch Offender or Offenders fhall be found guil- 
 ty, the County Court fhall fine each and every Perfon fo convidted, in any Sum 
 not exceeding Twenty Five Pounds, Proclamation Money •, One Third Part there- 
 of to the Informer, One Third Part to the Standard-Keeper, and One Third Part 
 thereof to be paid to the Juftices of the County, to be applied to the Ufe of the 
 County where the Offence fhall be committed •, and fhall commit the Offender to 
 Goal until the fame fhall be paid : And further, if it appear to the County Court, j^J^^''"J^'> *>"«» 
 by the Verdift of the Petit Jury, that the Offender altered, lefTened, or fhortned weijhw. &c. 
 
 P p his 
 
I^tf 
 
 L d W S of North-Carolina. 
 
 ^- 174'- his or her Steelyards, Weights, or Meafures, or caufed the fame to be done, or 
 ' ufed fuch Steelyards, Weights, or Meafures, knowingly, after they were fo alter- 
 
 y. 
 
 reftaJ"''b'fXs ed, leffened, or fhortned, with an Intent to defraud any Perfon-, in fuch Cafe the 
 plymg 'the Fine, Qq^j-I fliall, befidcs, and notwithftanding the faid Fine, fentence fuch Offender 
 wwl Ho«.! to ftand publickly, during the Sitting of the Court, Two Hours in the Pillory, 
 
 with his Offence written over his or her Head; Any Law, Cuftom, or Ufage tor 
 
 the contrary, notwithftanding. 
 
 Nav»i OfF.cer to IX. A N D be it further Enabled, by the Authority aforefaid. That the Naval 
 fetupinhis Qf- QfRcet of cach and every Port witlun this Government, Ihall affix up, in a Pub- 
 ffl«?otJ"sAa- lie Part of his Office, and there coijfcfely keep affixed, an Advertifement of this 
 on Pen. of 5 1. ^^^ ^.j^^,- 'f radcrs coming into thinBjjpii^ernment may have Notice thereof, upon 
 HourrNcBieft. Pain of forfeiting Five Shillings, ^nroclamation Money, for every Twenty Four 
 Hours the fame Ihall be negledted ; to be recovered, by a Warrant from any Juf- 
 tice of the Peace of the County where the Offence fhall be committed, by any Per- 
 fon who fhall fue for the fame, and applied, One Half to the Informer, and the 
 Other Half to the Ufe of the faid County. 
 
 jufticesm.yt^ke X. AND be it further Enabled, by the Authoriy aforefaid^ That the Juflices 
 
 anTvi! ws^'^n- of every County rcfpedively, fhall have Power to take and receive into their Cuf- 
 
 tothdVcJftoay, tody, all fuch Weights and Meafures as have been already provided by their re- 
 
 Suti^nlr-d to foeftive County or Parifh, and fhall alfo demand and receive from all and every 
 
 provide fuch Perfon or Pcrfons whatfoever, all fuch Sums of Money as have been already raifed 
 
 Weights, &c. ^^ purchafe fuch Weights and Meafures, and difpofe of and apply the fame, ac- 
 cording to the Directions of this Act. 
 
 HepeiiingCiwfc, XI. AND be it further Enabled, by the Authority aforefaidy That all and 
 
 ' every other A(ft and Afts, and every Claufe and Article thereof, heretofore made, 
 
 fo far as relate to Weights and Meafures, or any other Matter or Thing within 
 
 the Purview of this A(5t, is and are hereby repealed and made void, to all Intents 
 
 and Purpofes, as if the fame had never been made. 
 
 CHAP. XVIII. 
 
 jtn ABy for the building and maintaining of Court-houfeSy Prifons, and 
 Stocks, in every County within this Province, and appointing Rules to 
 each County Prifon, for Debtors. 
 
 Ta«i«. tcUy * I. TT r E pray that it may be Enafted, And be it Ena£fed, by his Excellency Ga- 
 'tsx.fnr building y/y briel Johnfton, Efq; Governory by and with the Advice and Coufent of 
 PrXX&sIocks. his Majefifs Councily and General Affembly of this Provincey and it is hereby EnaH- 
 4d, by the Authority of the fame. That the Juftices in ail and every County or 
 Counties within this Province, where there is not fuitablei^rovifion already made, 
 fliall, and are hereby impowered and required, at the next fucceeding Court of their 
 refpedive Counties, after the Ratification of this Aft, to lay a fufficient Levy up- 
 on the Inhabitants of their faid Counties, not exceeding One Shilling, Proclamati- 
 on Money, per Poll, for Two Years, for the building a Court-houfe, Prifon, and 
 Stocks, or any fuch of them as fliall be wanting j which Levy fhall be paid and 
 collefted by the Sheriff of each County, in the fame Manner as all other Public 
 and Parifh Taxes and Levies are paid and coUcded, and by him fhall be account- 
 ed for to the Juftices of the County Court, upon Oathj and the faid Sheriff fhall 
 be allowed Three per Cent, for collefting the fame. 
 
 IL AND 
 
LAWS, o/' North-Carolina. iri 
 
 1741. 
 
 to em- 
 Pcrfins to 
 I Court- 
 houfes, &c. in 
 
 *• II. AND he it further Enactedy ly the Authority aforefaid. That the Juftices 
 of each Gounty fhall and may, from ''jftme to Time, and at all Times hereafter, pi'y p" 
 e'mploy Perfons te keep and maintain the Court-houfe, Prifon, and Stocks, alrea-. {""p^ ^"^^ 
 dy builc, . and fuch as are to be built, by Virtue of this or any other Ad, or to re- Rep«ir' 
 build fuch as have fallen to Decay or Ruin, and the fame to keep in good Repair," 
 by laying a Poll- Tax on the Inhabitants of their refpe£tive Counties as aforefaid^ 
 
 III. AND be it' further Enacted^ by the Authority aforefaid^ 'That if any Per- Petfons negica- 
 ibn*fhal!-negle6tor refiife to pay the aforefaid Levies, in Manner aforefaid, and. i"^" ?.'';,"'"'il 
 
 c . \ n r f r' l.'ivjes, liable to^' 
 
 fhall be in Arrear arter the laft Day of Payment, fuch Perfon fhall be liable to dou-. double Oiftrefs. 
 bje Diftrefs j to be levied on his Goods and Chattels by the Sheriff of the County 
 where fuch Delinquent inhabits : And for the Prefervation of the Health of fuch ^"""^y Court to 
 Perfons as fhall, at any Time hereafter, be committed to the County Prifons, the b. ur.ds ; ar/aii 
 Court Ihall have Power to mark out fuch a Parcel of Land as they fhall think fit,, ^'^"^f";^ "°^^ 
 not exceeding Six Acres, adjoining to the Prifon, for the Rules thereof-, and. Feicny or Trca- 
 every Prifoner, not committed for Treafon or Felony, giving good Security to ^^"^[ 'the^r^'eof^'" 
 the Sheriff of the County to keep within the faid Rules, fhall have Liberty to walk' giving Security.' 
 therein out of the Prifon, for the Prefervation of his or their Health : And every 
 Prifoner giving fuch Security as aforefaid, and keeping continually within the faid 
 Rules, fliall be, and is hereby adjudged and declared to be, in Law, a true Prifon- 
 er ; and that every Perfon therewith concerned may know the true Bounds of the ^"""''^ *° *"* "' 
 faid Rules, the fame fhall be recorded in the County Records, and the Marks there- ne'wcd.' 
 of fhall, from Time to Time, be renewed, as Occafion fhall require. 
 
 CHAP. XIX. 
 
 An Adi^ the better to enable the CommiJJioners appointed for building a 
 Church at Newbern, to ereSf the fame^ and to impower thetn to demand 
 
 ■ and receive of aJ2y Perfon or Perfons, all Parijh Levies already laid 
 and not appropriated ; and for other Purpofes therein mentioned. 
 
 L TT 7 H E R E A S by an Ad of AfTembly of this Province, pafTed the lafi Prmtc. 
 
 V V Seflion, enabling the Commiflioners therein appointed to ered: and build 
 a Church in Ne-^bern.^. and the better to enable them to carry on and finifh the 
 feine, they were. empowered to levy a Tax of One Shilling and Six Pence, for the 
 Two then enfuing Years, on each, Tythable in the faid Parifh ; and the faid Tax 
 being found infufficient to finifh the faid Church : And whereas there was laid, 
 by the late Veftry, on the Inhabitants of the faid Parifh, a Tax of Fifteen Shilling* 
 per Poll, on each Tythable, for paying a Minifter for the enfuing Year, and the 
 ibcceeding Veftry not thinking fit to employ a Minifter, the faid Tax thereby re- 
 mains, as yet, unappropriated to and for any Parifh Ufe : 
 
 ■J 'II. WE therefore pray that it may be Enaded, And he it Enacted, by his Ex" 
 
 eellency Gabriel Johnfton, Efq -, Governor, by and with the Advice and Confent of 
 his Majefifs Council, and General Affembly of this Province, and by the Authority 
 of the fame. That the faid Tax of Fifteen Shillings, fhall be appropriated to and 
 for the building and finifhing the faid Church. 
 
 III. A N D he it further EnaUed, by the Authority aforefaid. That the Church- 
 wardens of the faid Parifli fhall, on or before the Firft Day of May next, after the 
 Ratification of this Ad, account for and pay to the Commiflioners appointed by the 
 before-recited. Ad, all fuch Sum or Sunjs of Money as they ihali h^ve received on 
 
 Ac- 
 
1^2 L A IV S o/'North-Carolina. 
 
 D- 1741- Account of the aforefaid Tax or Levy of Fifteen Shillings, under the Penalty of 
 
 — V ' One Hundred Pounds, Proclamation Money •, to be fued for and recovered, in 
 
 the General Court of this Province, by Adion of Debt^ Bill, Plaint, or Informa- 
 tion, (wherein no Effoign, Injunction, or Wager of Law, Ihall be allowed or ad- 
 mitted of, ) by any Perfon who will fue for the fame ; to be applied to the Ufe of 
 the faid Church : And all Perfons who have not paid the afcrefaid Tax or Levy 
 to the Churchwardens as aforefaid, Ihall, on or before the laft Day of May next, 
 after the Ratification of this Aft, pay the fame to the faid Commiflioners, or to 
 fuch Perfon whom the Majority of them fhall appoint to receive the fame, under 
 the Penalty of double Diftrefs -, to be levied by a Warrant from One Juftice of the 
 Peace for the faid County, and to be applied as aforefaid. 
 
 IV. AND whereas the faid Commiffioners have made One Hundred Thoufand 
 Bricks, towards building the faid Church •, and fome of the faid Bricks being deem- 
 ed infufficicnt for the faid Work-, Be it therefore further Ena£led^ by the Authority 
 aforefaid^ That the faid Commiffioners, or the Majority of them, may fell or dif- 
 pofe of any fuch Bricks as the faid Commiffioners fliall judge not fitting or fufficient 
 for the building of the faid Church, and apply the Money arifing by fuch Said, to 
 the Ufcs aforementioned. 
 
 C H A P. XX. 
 
 An ASiy for regulating Ordinaries, and Jor Refiraitit of Tippling-houfes, 
 
 PreamWe. I. "1 T 7" H E R E A S the Laws at prefent in Force in this Province, have, by 
 
 W Experience, been found inetFedual for the due Regulation of Ordi- 
 naries, and other Houfes of Entertainment : 
 
 ReuUeH »f Lu II. WE pray that it may be Enafted, And he it Enabled, hy his Excellency Ga- 
 
 •uors to fell by |^j.jgj johnfton, £/f; Governor, by and with the Advice and Confent of his Majefifs 
 
 M" ""■«• Q^^^^ii^ ^^^ General Affembly of this Province, and it is hereby Enacted, by the 
 
 Authority of the fame. That all Perfons whatfoever, retailing Liquors after the 
 
 Firft Day of Auguft next, Ihall fell the fame by fealed Meafures, according to an 
 
 Ad, intituled. An Act, for .regulating Weights and Meafures. 
 
 Ordiiury-keepett HI. PROVIDED dways. That it Ihall and may be lawful for any Perfon^ 
 "'Bo«ie!''''&r retailing Liquocs by Licence in any Public Houfe or Houfes, to fell the lame in 
 for ^what* th.7 Bottles, Bowls, Or Mugs, the faid Bottles, Bowls, and Mugs, being fold for no 
 **'°**^ more than they hold or contain. 
 
 Perfnn, retjiiing IV. AND be it further Enabled, hy the Authority aforefaid. That from and 
 ti?"nc! Ti'for' after the Firft Court in each County, after the Firft Day of May next, whoever 
 fcitT''.' *° °" fhall retail Liquors in any Houfe, Booth, Arbour, Stall, or other Place, with- 
 out Licence firft had and obtained, according to the Direftions of this Aft, mail 
 forfeit and pay Five Pounds, Proclamation Money ; One Half to the Governor or 
 Commander in Chief for the Time being, and the other Half to the Informer; to 
 Method of Ob- be recovered as herein after is direfted: And that the Method of obtaining fuch 
 l!l«i«.°"''""'' Licence fliall be as follows i Whofoever intends to fet up an Ordinary, or Houfe 
 of Public Entertainment, Ihall petition the County Court, and they, ^^ there Dil- 
 cretion, Ihall judge whether it is convenient to fufFer fuch a Houfe to be there let 
 up, whether the Petitioner be of Ability fufficient to comply with tlie Intent of the 
 Law, and the Condition of the Bond hereafter mentioned, and whether the Surety, 
 who is to join in the Bond, be refponfible, and thereupon to grant or rejeft the 
 Prayer of the Petitioner accordingly, and in Cafe the faid Petitioner fhall be ap- 
 
LAWS of North-Carolina. 153 
 
 proved of, the Court (hall then take Bond of the Party petitioning, with good ^- ^- J74r. 
 and fufficient Surety, with the Penalty and Condition as followeth, viz. "^ v ' 
 
 K' N O IF all Men by thefe Preffuts, "Thai -we, A. B. and C. D. are held and^"""^-- 
 firmly bound uyito our Sovereign Lord George the Second^ by the Grace of God^ 
 of Great Britain, France, and Ireland, Ki7ig, Defender of the Faith^ ^c. in the 
 Sum of 'thirty Pounds, Proclamation Money -, to be paid to our faid Sovereign Lord 
 the King, his Heirs and Succeffors^ for the Ufe of this Province : To which Payment 
 well and truly to be made, we bind cur felves, and every of us, our, and every of 
 cur Heirs, Executors, and Adminifirators, jointly and feverally, firmly, by thefe 
 ,Prefents. Sealed with our Seals, and dated this Day of 
 
 TH E Condition of this Obligation is fuch, That whereas the above bounden cmduion. 
 A. B. hath obtained a Licence to keep an Ordinary at 
 if therefore the faid A. B. doth conftantly find and provide, in his faid Ordinary, 
 good, wholfome, and cleanly Lodging and Dyet for Traveller's, and Stable, Fod- 
 der, and Corn, or Pafturage and Corn, as the Seafon lliall require, for their 
 Horfes, for and during the Term of One Year, from the Day of 
 
 and fliall not fuffer or permit any unlawful Gaming in his Houfe, nor, on the 
 Sabbath Day, fufter any Perfon to tipple and drink more than is neceffary ; then 
 this Obligation to be null and void : Otherwife to be and remain in Force. 
 
 The Bond being thus taken, the Court fliall grant their Order, and the Clerk Bond fo taken. 
 
 Ihali thereupon prepare a Licence, and lign the fame; and that Licence fliall con- Liccnce%or"one 
 
 tinue and be of Force for One Year only, from the Date of the faid Order, and Y.ar. 
 no longer. 
 
 T. A N D be it further Enabled, by the Authority afc'refc.id. That there be paid, Fee to the Go- 
 by the Party obtaining fuch Licence, to the Governor or tommander in Chief of cence^ 201! ^to 
 this Province for the Time being, for his Licence, the Sum of Twenty Shillings, the cicrk, 5 s. 
 Proclamation Money ; and to the Clerk of the Court, for writing the Bond and 
 Licence, the Sum of Five Shillings, Proclamation Money.' 
 
 VL AND be' it further Enabled, by the Authority afore faid. That if any Or- Or.i:nary-!ceep. 
 dinary-keeper fhall permit in his Houfe unlawful Gaming, or fhall fuffer any Per- dcviy^Houfc'sn 
 fon or Perfons, on the Lord's Day, to tipple in his Houfe, or drink more than fc^^f^^heZT 
 is neceffary, or Ihall (without Licence from their refpedivc Mafters,) harbour any may rupprefs the 
 Seaman, Servant, or Slave, contrary to the Intent and Meaning of this Ad, it ^^f" ''" ^T,\' 
 
 ',' '•' o ' who may diwblc 
 
 ihall be lawful tor any Two Juftices of the Peace, upon their own Viewer Know- the offender un- 
 ledge, or upon Proof made to them, by the Oath of one credible Witnefs, tofup- bl'™ed^'o7he 
 prefs the" faid Ordinary, until the next fucceeding Court ; and upon Certificate be rcftot'd. 
 made by the fiid Two Juftices of the faid Offence, and further Enquiry into the 
 fame, the faid County Court fhall difablc the Oftender from keeping Ordinary 
 thereafter, until they fliall think fit to grant him a- new Licence, or to reftore him 
 to keep Ordinary upon tHe former Licence, as they fhall fee Caufe: And if any '^ '■* retails ln 
 Ordinary-keeper fhall fell or retail any Liquor, after he hath been fo ' difcharged bXr/ heT^re'' 
 by ttje aforefaid Two Juflices, aod before he fliall be reftored by the Court, he ^^^^t^l'^f^ '° 
 fhali be liable to all the Penalties and Forfeitures, as if he had never obtained a tailing withcut" 
 
 L icence. Licence. 
 
 VII. AND be it further Enacted, by the Authority afore faid. That the Jufjices court annually 
 of each County fhall. Annually, at the next Court held after the Firft Day of May, '" '"•= Ordinary- 
 fet and rate the Prices that Ordinaries fliall entertain and fell at •, that is, of Liquors, "^"* 
 according to the Meafures before mentioned, and of Dyct, Lodging, Fodder,, or 
 Provender, or Corn and Pafturage. 
 
 0^9 yill. ANB^ 
 
1 54 Z//f^»So/' North-Carolina. 
 
 A. D. 1741. 
 
 o^n^TCe'."^ VIIL A N D be it further Enactcdi by the Authority aforefaid. That if any Or- 
 
 ers "taki'ng^mc.r.e dinary-kccper fhall afk^ demand, or receive, a greater Price for any Drink, Dyet, 
 
 |,'^j"^/''j^p f^[^^,^ Lodging, Fodder, Provender, Corn, or Pafturage, than fhall be fet down and 
 
 10 s. ' rated by the Juftices of the County, according to this A6t, he or Ihe fhall, for 
 
 every fuch Offence, forfeit and pay Ten Shillings, Proclamation Money, to the 
 
 Informer; tp be recovered, with Cofts, by the Warrant of any Juftice of the 
 
 Peace of the County where fuch Offence fhall be committed. 
 
 J/ "^he^ rald'^* IX. AND be it further Ena^ed, by the Authority aforefaid. That every Or- 
 
 ?rices fet'up in dinary-kccper fhall, within One Month after the Rates fhall be fet by the County 
 
 Pe? If '""t "' °" ^°"^^ where the Licence was granted, obtain of the Clerk a fair Table of the 
 
 ^ ■ Rates and Prices fet by the Court, for which the Clerk may afk and receive Two 
 
 Shillings and Six Pence, Proclamation Money, and no more -, which Table fhall 
 
 be openly fet up in the common entertaining Room of the faid Ordinary, and there 
 
 conftantly kept during One whole Year, or until the Rates fhall be again fet by 
 
 the Court: And every Ordinary-keeper faihng herein, fhall forfeit and pay the 
 
 Sum of Five Pounds, Proclamation Money. 
 
 p^rfonj kecpmg X. AND be it further Enacted^ by the Authority aforefaid. That if any Per- 
 nor'i"n''Xwn ^°'^' contrary to the true Intent and Meaning of this A61, fhall keep a Tippling- 
 th.- F le. or houfe, or retail Liquor as aforefaid, without Licence, and being thereof lawfully 
 to'"p.fy fn'"n7 convidcd, fhall not pay down the faid Fine of Five Pounds, Proclamation Mo- 
 M nth, to have ncy. Or forthwith give Security to pay the fame, within One Month next after 
 w ^'vv'aR-i>' ft"^ fuch Convidion, he or fhe fo offending, fliall immediately, by Order of the Court 
 ar,dt>rthefecond beforc whom fuch Conviftion fhall be, receive, at the PubUc Whipping-Polt, 
 fails" t^' pay, w oi^ his ot her bare Back, Thirty Lafhes, well laid on, for the firfl Offence, in 
 hjve 39 Li/hes, Liew of thc faid Fine-, and for the Second, and every future Offence, upon re- 
 tc^d to Pd^^for fufmg to pay or give Security for the faid Fine as aforefaid, he or fhe fhall, by 
 out Baif' "^"'^ Order aforefaid, receive Thirty Nine Lafhes as aforefaid, and fhall be committed 
 Off\iid..rnotab!e to Prifon for the Spacc of One Month, without Bail or Mainprize : And where 
 *°ifio be cha'^M ^^^ Offender is not able to pay the Fine, in that Cafe thc Informer fhall not be 
 \p;th Fees. chargeable with any Fees, accrued by Reafon of fuch Information. 
 
 Oiiinary keep- XL AND be it further Enacted^ by the Authority aforefaid^ That no Ordinary- 
 "jo « t'^'any Sal. keeper or Mailer of a Tippling-houfe, or any Perfon whatfoever, fhall, after the 
 lorinaftuaipay, Ratification of this Adf, trufl or fell Drink to any common Sailor, in a£lual Pay 
 the Mafter ; nor on board any Ship or Vefiel within this Province, w ithout Leave of the Mafler 
 lbove^''^s'''«r *^^ ^^^"^ ^^^P ^^ Veffel, for any Value whatfoever upon Credit, under the Penalty 
 Ws the Party of lofing all the Money trufled to fuch Sailor as aforefaid-, nor fhall fell Drink, 
 pfn ono^ffng all "P°" Trufb, to any Perfon whatfoever, to a greater Value than Ten Shillings, 
 thfli-e 10 s. Proclamation Money, unlefs the Perfon fo trufted fhall fign a Book, in Acknow- 
 ^ledgment of the faid Debt \ under the Penalty of lofing all the Money fo trufted, 
 
 over and above the faid Sum of Ten Shillings, Proclamation Money j and the 
 
 Perfon fo trufted, fhall not be liable to pay the fame. 
 
 rin« approp.ia. XII. A N D be it further EnoMedy by thz Authority aforefatd. That all Penalties^ 
 Fines, and Forfeitures, in this Ad:, the Method of recovering or applying where- 
 of are not herein particularly directed, fhall be. One Half to the Churchwardens 
 and Veilry of the Parifh where fuch Fine is incurred, for and towards the con- 
 ting<int Charges of the Parifh, and the other Half to him or them that fhall fue 
 for the fame ; to be recovered, with Coffs, by Adion of Debt, Bill, Plamt, or 
 Information, in any Court of Record within this Province ; wherein no EfToign, 
 Protedion, or Wager of Law, fhall be allowed, 
 
 XIII. ?R0- 
 
LAWS of North-Carolina. lec 
 
 A D I74.I- 
 
 XIII. P ROVIDEB al'-joays. That nothing herein contained, fhall be con- ^"^T^^ 
 ftrued, deemed, or taken, to prohibit or rcftrain any Merchant or other Pcrfon, Machants"from 
 to fell, by Retail, Wine, Brandy, Rum, or Spirits, in any Quantity not lefs than ''.'''[''"sLquo", 
 a Quart, or Ale, Beer, or Cyder, many QuaKtity notlels than a (jallon, if none not drank attheit 
 of the faid Liquors are allowed to be tippled or drank out at the Houfes, Stores, "'"*'^^* 
 
 or Plantations, where the fame are fold. 
 
 XIV. AND be it further Enacted, by the Authority aforefaidj That all and RepeaiiogCUuft, 
 every A61 and Ad:s, and every Ciaufe and Article thereof heretofore made, fo far 
 
 as relate to regulating Ordinaries, and Reftraint of Tippling-houfes, or to any other 
 Matter or Thing whatfoever within the Purview of this Ad:, is and are hereby 
 repealed and made void, to all Intents and Purpofes, as if the fame had never beea 
 made. 
 
 CHAP. XXI. 
 
 An A5fy for the Relief of fuch Perfons as have fuffered, or may fuffer^ 
 by the Regijiers of the feveral Counties within this Province negleSling 
 to regifler their Deeds or rnefne Co7iveyances j or who^ through Igno- 
 rance or Negle£Ij have not had the fame acknowledged^ proved^ and re- 
 gifred, 
 
 I. TTT HERE AS, by an Ad of the General Affembly of this Province, p^^^we. 
 
 V V intituled, yln A£t, to appoint Public Regijiers, and to direct the Method 
 to be ohferved in ccn'veying Lands, Goods, and Chattds, and to prevent fraudulent 
 Deeds and Mortgages, amongft other Things it is Enaded, That no Conveyance 
 or Bill of Sale for Land, (other than Mortgage,) in what Manner or Form foever 
 drawn, fhould be good and available in Law, unlefs the fime was acknowledged 
 by the Vender, or proved, by one or more Evidences, upon Oath, either before 
 the Chief Juflice for the Time being, or in the Court of the Precind where the 
 Land lay, within Twelve Months after the Date of the fame Deed : And whereas 
 fevefal of the Public Regifters of the feveral Counties of this Province, have neg- 
 lected to regiftcr feveral Deeds or mefne Conveyances, purfuant to the before- 
 recited Act, and feveral Perfons, through Ignorance or Negled:, have failed to 
 prove, acknowledge, and regifter their Deeds or mefne Conveyances ; and alfo, fe- 
 veral Perfons have recorded their Deeds or mefne Conveyances, in the Clerk's Of- 
 fice of the fciveral Precindts or Counties in which fuch Lands lye, believing the 
 fame as effcftual as if the faid Deed or mefne Conveyance had been regiftered in 
 the Regiftcr's Office as aforefaid ; whereby feveral Perfons Titles to their Lands and 
 Tenements are become precarious, to the great Prejudice of fuch Perfons : To the 
 End therefore that all poflable Relief may be given to the Perfons whofe Eftates, 
 Titles, and Interefts, may be affeftcd thereby ; 
 
 II. W E pray that it may be Enadled, And be it Enacted, by his Excellency aii DeeJs, &e; 
 Gabriel Johnfton, Efci •, Governor, by and with the Advice and Confent of his Ma- ""' iftj^^'^*^' 
 jefty's Council, and General AJfejnbly of this Province, and it is hereby Enacted, by the gifterthcm°withl 
 Authority of the ftime. That all Deeds and mefne Conveyances of Lands, Te- '" '^".''' '^'^-^ 
 
 JTTl- 111 n '"^ delivpitd to 
 
 ncments, and Hereditaments, not already acknowledged, proved, and regiftered, h m vmhin teu 
 by any Neglect as aforefaid, the Public Regifter of every County where llich Neg- '^^""''''• 
 led hath happened, fhall regifter fuch Deed or mefne Conveyance, within Twelve 
 Months after the Ratification of this Ad ; provided fuch Deeds or mefne Convey- 
 ances, be delivered to the Regifter of each County where the Land lyeth, within 
 Ten Months after the Ratification of the fame. III. AND 
 
1^6 LAWS 0/ North-Carolina. 
 
 ji. D. 1741. 
 
 ^— — V' ^ III ■"Jl^D he it further Ena^ed, by the Authority aforefaid^ That all Deeds or 
 
 fee/" rtgfftred!^ mefne Conveyances, which have been recorded by the Clerk of any Precindl or 
 tho- not within Couiity Court witliin this Province where fuch Lands lie, or have been heretofore 
 cUred valid. fegiftered by the Public Regifter of any of the faid Precinds or Counties within 
 this Province where fuch Lands lie, though not within One Year after the Date 
 of fuch Conveyance, fhall be good and valid in Law j and all Deeds and mefne 
 Conveyances hereafter to be proved, acknowledged, and regiftered, in the Man- 
 ner as is by this A<5t direded, (liall be good and valid, to all Intents and Purpofes, 
 as if the faid Deeds and mefne Conveyances had been regiftrcfJ purfuant to the 
 And fuch as are bcfore-rccited A61 : And fuch Regiftry of all and every Deed or mefne Convey- 
 Aa'^'tobewud! ^Ficc, already regiftered, or that hercaiter fliall be regiftered, by Virtue of this or 
 the beibrc-rec'ited A6t, or a Copy thereof, properly attefted by the Regifter, 
 iliall and may (where fuch original Deed or mefne Conveyance is loft,) be given 
 in Evidence in any Court within this Province, in fuch Suit or Suits wherein there 
 may be Gccafion to give fuch regiftered Deed or mefne Conveyance in Evidence -, 
 any Law, Ufage, or Cuftom, to the contrary, notwithftanding. 
 
 Xegifter negieft. IV. A N D he it furthcr Ena^cdy hy the Authority aforefai J, Tha.t every RegiGicr 
 ©tdsVc'tuh- that fhall negled, rcfufe, or delay to regifter any Deeds, mefne Conveyances, or 
 in 2 M nths if- any other Inftruments of Writing, within Two Months after delivered to him, 
 Atfeft io'i?' '° ^uch Regifter or Regifters, for each and every Two Months fo neglecting, refufing, 
 or delaying, fhall torfeit and pay the Sum of Twenty Pounds, Proclamation Mo- 
 ney •, One Half to the Life of the Parifh, and the other Half to him or them that 
 ihall fue for the fame, to be recovered, by Adion of Debt, Bill, Plaint, or In- 
 formation, in any Court of Record in this Government, wherein no ElToign, In- 
 jundtion, or Wager of Law, fhall be allowed or admitted of. 
 
 CHAP. XXU. 
 
 j^n A£f^ for Fiinijhment of Defer ters. O B S, 
 
 jiftes 
 
 CHAP. XXIII. 
 
 An AB, for Eflahlijhing the Church, for appointi?ig Farijhes, and the Me- 
 thod of eleSling Veftries ; ajid for diredling the Settlement of Parip 
 Accompts throughout this Government. ' 
 
 Govern ent di. ^' XJ "^ ^'' ^"^^^^^ h his Excelkncy Gabriel Johnfton, Efq; Governor, hy and 
 vidId*''X"pa-* Jj with the Advice and Conjent of his Majefifs Council, and General Ajfemhly 
 . of this Fr evince, and it is hereby Ena^ed, hy the Authority of the fame. That this 
 Government be and it is hereby divided into diftinft Pariflies, in the Manner fol- 
 lowing i that is to fay, St. Paul's Parifli, in Chowan County, Berkely Pariih, in 
 Pequimons County, St. John's Parifli, on the Southwefl Side of Pafquotank River, 
 and St. Peter's Parifh, on the Northeafi Side of Pafquotank River, in Pafquotank 
 County, Currituck Parifh, in Currituck County, liorthwefl Parifli, and Society 
 Parifli, in Bertie County, St. Andrew's Parifh,- in ?>rf// County, St, "Thomas'^ 
 Parifh, in Beaufort County, St. George'^ Pariih, in Hyde County, Chrifl' s-Church 
 Parifh, in Cr^i;^;; County, St. John's Parifh, in Onflow County, St. James's Pa- 
 rifh, on the Eaft Side of Cape-Fear River, in New-Hanover County, and St. Phil- 
 lifs Parifh, on the We/l Side of Can-Fear River, in JSew-HanQver County, from 
 - - the 
 
LAWS o/' North-Carolina. 1^7 
 
 the Mouth of the laid River, runing up the Northweji River to the Bounds of ^- ^- '741. 
 
 ■V- 
 
 the County, inclufive of the Ifland at the Mouth of the Northweji and Northeaji 
 Rivers, in the faid County, commonly called £«^/f's i/?a«^, ' lying to ih^ South 
 of the Thoroughfare, St. Martin's Pariih, in Bladen County, and Edgcomb Pa- 
 rifli, in Edgcomb County. 
 
 II. AND he it further Enacted, hy the Authority aforefaid. That the I%abi- inhabitants ai 
 tants of every Pariih aforefaid, being Freeholders, fhall, and they are hereby di- cWe^diry- 
 re(5ted and inipowered, to meet together on the Firft Monday next after the Rati- "^s". who ihiu 
 fication of this Adt, and on every Eafter Monday every Two Years thence after, a^c^rnTbiT^o' 
 at the Court-houfe, or where there is no Court-houfe, at the moft ufual Place of m=et »nd quaUff 
 Public Worfhip, in every Parifh, then and there to choofe and ele<!if Twelve Free- 
 holders, to ferve as Veftrymen for the Two next enfuing Years : Which Veftry- 
 
 men fo chofen, Haall, by the Conftable or Conftables, be fummoned to meet at 
 the Church, and where there is no Church, then at the Court-houfe, or where 
 there is no Court-houfe, at the moll ufual Place of Pubhc Worfhip as aforefaid, 
 in each refpedtive Parifli, within Forty Days next after fuch Choice, and then and 
 there to Qualify themfelves according to the Direiftions, and under the Penalty 
 hereafter mentioned ; and if the faid Conftable or Conftables,- or any of them, Ihall 
 negledt or refufe to fummon the Veftry as aforefaid, he or they fo offending, fhall 
 forfeit and pay the Sum of Twenty Shillings, Proclamation Money, for each' and ' 
 every Veftry man not fummoned as aforefaid, who fhall rcfide within the Diftrict 
 of fuch Conftable •, to be levied and applied as herein after is direded. 
 
 III. AND hs it further EnaBed, by the Authority aforefaid^ That no Perfon Vtdrymen to 
 Ihall be admitted to be of any Veftry within this Government, that doth not take *=>'^= ^^c Oaths, 
 the Oaths by Law appointed to be taken, for the Qualification of Public Officers, ff'"3'i"and^fa- 
 and fubfcribe the following Declaration, wz. /. A. B. do declare, 'That I will not "y '"^fuCe, major 
 oppofe the Liturgy of the Church of England, as it is by Law ejlablifhed: And all othcK. 
 
 and every Veftryman who fhall negle6t or refufe to do the fame, fhall (if he be not 
 a known DifTenter from the Church of England,) forfeit and pay the Sum of Three 
 Pounds, Proclamation' Money -, to be levied and applied as herein after is diredled : 
 And If any Perfon or Perfons, chofen as a Veftryman or Veftrymen, fhall neg- 
 lefl or refufe to take and fubfcribe the faid Declaration, the Veftry of which fuch 
 Perfon or Perfons was or were elefted a Member, or the major Part of them, are 
 impowered and required to eledt and choofe another or other Freeholder or Free- 
 holders, to be Veftryman or Veftrymen in the Room and Stead of the Perfon or 
 Perfons neglefting or refufing as aforefaid : And if it fhall happen that the Veftry 
 of any Pariih within this Government, fhall not eledl and make Choice of another Veflry ncgieajsg 
 or others in the Room and Stead of fuch Veftryman or Veftrymen negledling or 5° 'theVoom^"? 
 refufing to qualify as aforefaid, within one Month next after fuch Negledl or Re- ''^"''^ rcfuf.ng to 
 fufal, that then and in fuch Cafe it fhall and may be lawful for the Minifter of fuch m»V a^pp"'""'; "if 
 Parifh, or for Want of fuch, the Governor or Commander in Chief for the Time "° ^^"ift^.^the 
 being, under his Hand and Seal, to appoint fome Freeholder or Freeholders to ""^""^ '"^^" 
 fupply fuch vacant Place or Places in fuch Veftry. 
 
 IV. AND he it further Enacted, by the Authority aforefaid. That the feveral veftrymen to 
 Veftries of this Government fhall, within Forty Days after Eajier Monday, Yearly, ^°°f« church- 
 arid every Year, eled and choofe out of the faid Veftry, Two Perfons, to execute ekaeTrWufe'to 
 the Office of Churchwardens in each and every refpeftive Parifh ; and if the Perfons ^^: ]°v^^ '>°^' 
 
 , -, J J 1 r /~-\ I- r \ • ■K 1-1 rtii - r ^"^ Veftry lo 
 
 elected and chofen Churchwardens as aforefaid, or either of them, fhall refufe to cka others. 
 execute the faid Office, he or they fo refufing, fhall forfeit and pay Forty Shil- 
 lings, Proclamation Money •, to be levied and applied as herein after is dire<5ted ; 
 and the Veftry fliall immediately proceed to eled and choofe another Churchwarden 
 or Churchwardens out of the Veftrymen, in the Room of him or them fo refufing 
 to ad. 
 
 R r V. ?K0' 
 
I j8 LA W S of North-Carolina. 
 
 Jl. D. 1741. 
 
 *^ — -^--^ y PROVIDED alzvayst That no Perfon whatfoever, fhall be obliged to 
 S°to"erv« mole fcrvc as Chutchwarden in any Parifli within this Government, for more than One 
 than J Year. Ye^T, unlcfs he cottfent thereto. 
 
 Churchwardens, yj^ A N D he it further Ena3edi That the Churchwardens, or in Cafe they re- 
 veftr^y^'may wii fufdil negledl, any Three or more of the Veftry in each and every Parifh in this 
 a Veftry. Govcmment, fhall have full Power and Authority to call the Veftry together, at 
 
 the Places as are in this Aft heretofore directed, at any Time, and upon any Oc- 
 cafion, they fhall judge neceffary, by Warrant or Warrants under their Hands, 
 direftcd to the feveral Conftables of the refped:ive Diftricts and Parifhes, who fhall 
 ^ be obliged to execute the fame according to the Tenour thereof, under the Penalty 
 
 '■■' of Ten Shillings, Proclamation Mon^, for each and every Veftryman in fuch 
 
 Warrant mentioned, who fhall not be fummoned ; to be levied and applied as 
 herein after is direded : And every Veftryman who fhall negleft or refufe to attend 
 the Veftry agreable to fuch Summons, fhall forfeit and pay the Sum of Ten Shil- 
 lings, Proclamation Money, for fuch Offence, unlefs he can fhew fyfHcient Caufc 
 for his fo doing, to be admitted of by the Veftry, or the major Part of them, at 
 their next Meeting -, to be levied and applied as herein after is diredted. 
 
 On Death or Re-* "^"11. AND he it further EnaSted^ by the Authority afore faid^ That the Vef- 
 movai of Church tries of the feveral Parifties of this Government, fhall have full Power and Au- 
 ^n,on orrfnie thority, upon the Death or Removal out of their refpeftive Parifhes of any Church- 
 ofservice,veftry warden or Churchwardens, before the Time limitted for the executing the faid Of- 
 to choofe others. ^^^ j^^ expired, to eled " and chufe, out of the Veftry, another Churchwarden or 
 Churchwardens, in the Room and Stead of the Perfon or Perfons dead, or remov- 
 ing out of the Parifh as aforefaid ; which Churchwarden or Churchwardens fo elect- 
 ed and chofen, fball ferve until the Time appointed by this A6t for the Eleftion 
 and Choice of Churchwardens : Any Thing herein contained to the contrary, not- 
 withftanding. 
 
 Veftry to lay a yill. AND be it fuTthev Ena5ied, hy the Autority aforefaid. That the Vef- 
 Si chargf"'' tries of each refpedive Parifh within this Government, fhall have full Power and 
 Authority, and they arc hereby direded and required, within Forty Days next af- 
 ter every Eafter Monday, Yearly, and every Year, to appoint and order fuch Sum 
 of Money as they ftiall judge neceffary, to pay and fatisfy the Expence and Charge 
 of their refpedive Parifti, for the then current Year, to be raifed by the Poll, and 
 colleded in the fame Manner by the Sheriff as other Taxes. 
 
 Dedufting three jx. A N D he it EnaSfed, hy the Authority aforefaid. That the Churchwardens 
 Churchwardens of each and every refpecStive Parifh in this Government, fhall deduft, out of the 
 Trouble. Money arifmg from all Parifh Taxes by them received, the Sum of Thxttpr Cent, 
 
 as a Reward for their Trouble, and no more. 
 
 chuvchwa-den, ^- ^'^ ^ D he it further Ena^ed, hy the Authority aforefaid. That the Church- 
 to '"'aV^'panfh wardens of each and every refpedive Parifh in this Government, fhall, the firft 
 Veftry' on Pen ^cftry to be held in each Parifh after every Eajler Monday, Yearly, and ever Year, 
 «f zcr'\. ' '"■ on Oath, account with their refpedive Veftries for all Parifli Monies in their Han^s, 
 of what Kind or Denomination foever, that now are or hereafter fliall become due, 
 by Virtue of any Law Ibr that Purpofe, or otherwife, and ftiall pay the fame to 
 the Veftry, or their Order : And if any Churchwarden or Churchwardens which 
 now is or are, or that hereafter ftiall be, in any of the refpedive Parifhes in this 
 Government, fhall ncgled or 'refufe to account for and pay to the refpedive Vef- 
 tries, or their Order, the Money in his or their Hands, belonging to the Parifh 
 for which he or they are Churchwardens, within Twenty Days next after Notice, 
 in Writing, given to him ox them, to account for and pay the Parifh MQ;iey afme- 
 
 faid. 
 
LAWS of North-Carolina. 
 
 59 
 
 faid, he or they fo offending, fha]l feverally forfeit and pay Twenty Five Pounds, ^- ^- '74i. 
 Proclamation Money; to be recovered by Adion of Debt, Bill, Plaint, or Infor- *■ v * 
 mat4on, in the Name of the Churchwardens, in any Court of Record within this 
 Province, wherein no Efibign, Injundtion, Protedion, or Wager of Law, (hall 
 be allowed or admitted of j to be applied by the Veftry to the Ufe of the Parifh. 
 
 XI. P ROV ID ED always. That nothing in this Ad fhallbe conftrued to Provifo. 
 repeal any Claufe, Matter, or Thing, in Two feveral Afts, pafTed laft Seflion, 
 
 at Edenton, for the finifting a Church at Edenion, and for erecting, building, and 
 finillhing a Church at Newbern. 
 
 XII. J N D he it further EnaSted, by the Authority aforefaid. That the Veftry y,"^'/,,"^'^^''' 
 and Churchwardens of each and every Parifh in this Government, fhall have full count fo/pM.rn 
 Power and Authority to call any Juftice of the Peace or other Perfon or Perfons *^°"«y- 
 whatfoever, to account, upon Oath, for the Monies in the Hands of them or any 
 
 of them belonging to their refpedive ParilTies, or accruing and becoming due to 
 the fame, by Virtue of any of the Laws of this Government : And if any Juftice or 
 Juftices or other Perfon or Peifons, fhall refufe to appear and account as aforefaid, 
 fuch Juftice or Juftices, or any other Perfon or Perfons fo refufing or neglecting, 
 fhall forfeit and pay the Sum of Twenty Pounds, Proclamation Money •, to be re- 
 covered by the Churchwardens of the Parifti where fuch Monies become due, or 
 where payable, by Action of Debt, Bill, Plaint, or Information, in any Court of 
 Record within this Government, v/herein no Eflbign, Protection, Injunction, or 
 Wager of Law, ftiall be allowed or admitted of; and to be applied to the Ufe of 
 the Parilh. 
 
 XIII. AND he it further EnaSfed, hy the Authority aforefaid. That the Veftry '^«% to Uy . 
 of each and every Parifti in this Government, fliall have full Power to raife Mo- in"' church"* 
 ney, by the Poll, for building a Church, Chappel, or Chappies, to purchafe Lands Giebe-houfe,&e. 
 for a Glebe, to erect convenient Buildings thereon, and to keep the aforefaid Edi- 
 fices in Repair, as Need ftiall be, from Time to Time, and to buy Books and 
 Ornaments for the Church and Public Worlhip, and for the Care and Support 
 
 of the Poor, and all other Parifti Charges as they fhall judge neceflary for the re- 
 fpective Parifhes •, which faid Poll-Tax ftiall be collected and levied as in this Act 
 before is directed, and ftiall not exceed Five Shillings, Proclamation Money, ;per 
 Poll, in any one Year, for all the Purpofes in this Act before mentioned. 
 
 XIV. AND be it further Ena^cd^ hy the Authority aforefaid. That the feveral Veftry m procure 
 Churchwardens and Veftries of the feveral and refpective Pariihes of this Govern- ci«k,''^2nd ^a". 
 ment, or the greateft Part of them, ftiall ufe their beft and utmoft Endeavours, to 1°^ them Sak^ 
 procure an able and Godly Minifter, qualified according to the Ecclefiaftical Laws ""* 
 
 of England, and a Perfon, of a fober Life and Converfation, to be Clerk ; and may 
 raife him or them fuch Stipends, Yearly, as they fhall think convenient, fo as fuch 
 Stipend for the Minifter be no lefs than Fifty Pounds, Proclamation Money, Yearly. 
 
 XV. PROVIDED always. That fuch Minifter for whom fuch Monies are Minifter to be 
 fo to be raifed, be conftantly reftdent in the Parifti, and doth not omit officiating Parifl,"'&" '^'* 
 at the Church or Chappels within the Parifh, unlefs permitted by the Church- 
 wardens and Veftry to officiate in fuch neighbouring Parifh which may be vacant, 
 
 or difabled by Sicknefs, or other unavoidable Accident. 
 
 XVI. AND he it further Enacted, That if any Minifter who fhall have a Cure Minifter piity of 
 in any Parifti by Virtue of this Act, ftiall be notorioufly guilty of -any fcandalous ^v,Zyt^y'^\ih. 
 Immorality, it fhall and may be lawful for any Number of the Veftry not lefs than draw his Salary. 
 Nine, agreeing thereto, to v.'ithdraw the Stipend by this Act allowed to fuch Mi- 
 nifter. 
 
 XVII. Pi? 0- 
 
i6o L A JV S o/'North-Carolina. 
 
 A. D. 1741. 
 
 j^---^^-"^ XVII. P ROV IDED alwaysy That after fuch withdrawing of the Stipend, 
 bring Suit f'/r'his fuch Minifter fhall be at Liberty to -bring Suit, in the General Court of this Pro- 
 saiary,^»nd v^f- yj^ce, againft thc Churchwardens cf his Farifh, for the Recovery of his Stipend ; 
 tiieir Order. in wMch Suit the Churchwardens may, in Bar of the Action, plead the Order of 
 the Veftry, and fhall fet forth the particular Facts for which the Veftrv withdrew 
 "e^MLfteJ, he ^"^^ Stipend of fuch Minitler: And in Cafe the Jury fhall find for the Minfler, 
 fliaii iiave his'si then he ihall recover his Stipend, with Cofts of Suit, and enjoy his Benefice-, but 
 inJthe?'Mfn"fter in Cafe the Jury find for the Churchwardens, then, and in fuch Cafe, the Veftry 
 may be apyoint- ©f the Parifh are hereby inipowered to eledt another Minifter in his Room and 
 '^- Stead. 
 
 Minifter to keep XVIlt. A N D he H further Enacted, by the Authority aforefaid^ That every Mi- 
 plir?''a''nV"fuffc<' niftcr witWn this Government, fhall, during his Incumbency, keep and maintain 
 no'Wafte, or be j-j^g Manfion-houfc, and all other the Out-houfes and Conveniencies that fhall be 
 tbn^of 'thc^'" eredted on his Glebe, in tenantable Repair, and fhall fo leave the fame at his Death, 
 Churchwardens, qj. Removal out from the faid Parifh, (the Accicknts of Fire and Tempefl only 
 excepted,) and fhall not fuffer any Wafle, by cuwing down of Timber, or other- 
 wife, to be committed on his faid Glebe, except for necefTary Repairs, Fences, or 
 other Improvements, and Fire- wood, to be ufed thereon: And in Cafe any Mi- 
 nifter flaall fail to keep his faid Glebe, and the Buildings thereon, m tenantable 
 Repair, or fhall fuffer any Wafte to be committed thereon as aforefaid, fuch Mi- 
 nifter, his Executors, and Adminiftrators, fhall be Ijable to the Adtion of the 
 Churchwardens of the Parifh for the Time being, whereby the Value of fuch Re- 
 pair or Wafte fhall be recovered, in Damages, with Cofts of Suit -, and the Damage 
 fo recovered fhall be laid out, according to the Directions of the Veftry and Church- 
 wardens, in making necefTary Repairs upon the Glebe. 
 
 Forfeitures how XIX. A N D be it fufther EtiaSied., by the Authority aforefaid. That the feveral 
 *°^^ Td"''"'' Sums of Money, arifmg and becoming due by Reafon of the Forfeitures by this 
 app le . ^^ inflided, and for which no Method of Recovery or Application is diredled. 
 before in this A<5t, fhall be levied, within one Week next after they fhall become 
 due, by Warrant of Diftrefs, and Sale of the Offenders Goods, from one or more 
 of his Majefty's Juftices of the Peace within the County where the Default fhall 
 be made, (Regard being had to the Jurifdi<^ion of the faid Juftice or Juftices, re- 
 turning the Overplus, if any, to the Owner,) and paid to the Churchwardens, for 
 the Ufe of the Parifh, and by them to be accounted for and paid as herein before 
 is directed. 
 
 Veftry appointed XX. AND whcrcas a Veftry and Churchwardens will be wanting, for the Pa- 
 vliS' ^^'''^' ^^^ °^ ^^- P^^^¥^i in New-Hanover County, before the Time limited by_ this 
 Ad, for the Election of Veftrymen for the feveral Parifhcs within this Province; 
 Be it Enacted, hy the Authority aforefaid. That Nathaniel Rice, Ekazer Allen, 
 Matthew Rowan, Roger Moore, William Forbes, James Hafel, Richard Eagles, 
 John Davis, Archibald Hamilton, George Ronald, Cornelius Harnet, and Ceorge 
 Moore, be, and are hereby appointed Veftrymen for the faid Parifh of Si. Phi- 
 lips, until the next Election of Veftrymen, as by this Act directed : Which faid 
 Veftry fhall have full Power to choofe Churchwardens, and to do and perform 
 every, other Matter and Thing, which other Veftrymen may do by Virtue of this 
 Act, and fhall be liable to the fame Penalties and Forfeitures as in this Act is be- 
 fore mentioned j any Law, Cuftom, or Ufage, to the contrary, notwithftandingo 
 
 RfpetiiBsciauff. XXI. AND he it further Enacted, by the Authority aforefaid. That all and 
 every other Act and Acts, and every Claufe and Article thereof, (except as be- 
 fore excepted,) heretofore made, fo far as relate to the eftablifhing the Church, 
 appointing ParifheSj and felect Veftiies, and for directing the Settlement of Parifh 
 
 Accounts, 
 
LAWS of North-Carolina. i6i 
 
 Accounts, is and are hereby repealed and made void, to all Intents and Purpofes, ^- d. 1741, 
 56 if fhp fijmp had never been made.* "V"-_ 
 
 CHAP. XXlV. 
 
 An A6iy concerning Servants and Slaves. 
 
 LXy E it EnaEled, by his Excellency Gabriel Johnfton, Efq-, Governor, by and ^;'^^^^/f'^^'^l 
 YS vjttb the Advice and Confent of his Majefifs Council, and GeneraUffembly servant, uniefs 
 of this Province, and it is hereby Enacted, by the Authority of the fame. That J'^l^';';";-;' °' 
 no Perfon whatlbever, being a Chriftian, or of Chriftian Parentage, who, from 
 and after the Ratification of this Aft, Ihall be imported or brought into this Pro- 
 vince, fhall be deemed a Servant for any Term of Years, unlefs the Perfon im- 
 porting him or her Ihall produce an Indenture, or fome Specialty or Agreement, 
 fignifying, that the Perfon fo imported did contradt to ferve fuch Importer, or 
 his AiligTiS, any Number of Years, in Confideration of his or her Paffage, or fome 
 other Confideration therein expreifed ; and upon any Conteft arifmg between the Difference be. 
 Mafter of any Veflel, or other Perfon importing any Servant or Servants, without ^^^^i.'^/^^Tcrf 
 Indenture, upon any Bargain or Specialty as aforefaid, the fame fhall be deter- fons'imported, to 
 mined at the next County Court to be held for the CoUnty where the faid Servant J^/c"c"u?u^ 
 or Servants fhall be imported, the Juftices of which Court are hereby impowered 
 to hear and determine the fame, in a fummary Way -, and fuch Determination or 
 Judgment fliall be conrlufive and binding on the Importer or Servant or Servants; 
 either for the Dilcharge of the faid Servant or Servants, or to oblige him, her,- or 
 them, to ferve the Importer, or his Afligns, as the Matter fliall appear. 
 
 II. AND be it further Enacted, by the Authority aforefaid. That if any Chriftian serrants atfen*. 
 Servant, whether he or fhe be a Servant by Importation, or otherwife, fhall, at any '"^s f.rvrSbie 
 Time or Times, abfent him or herfelf from the Service of his or her Mafter or Mif- Time, bcfides 
 trefs, without Licence firfl had, he or Ihe fhall fadsfy and make good fuch Lofs of "^£^1 tl.?tt 
 Time, by ferving, after their Time of Service by Indenture or othcrewife is expired, charges, 
 double the Time ofService loft or negledted by fuch Abfence; and alfo fuch longer 
 
 Time as the County Court Ihall think fit to adjudge, in Confideration of any fur- 
 ther Charge or Damage the Mafter or Miftrefs of fuch Servant may have fuft-ained, 
 by Reafon of his or her Abfence as aforefaid. 
 
 III. ANB be it fnrther Enacted, by the Authority aforefaid. That if any Chrif- Dif-bedient Ser. 
 tian Servant fliall lay violent Hands on his or her Mafter or Miftrefs, or Overfeer, n'fl^d.'" ^ ^"' 
 or fliall obftinately refufe to obey the lawful Commands of any of them, upon Proof 
 
 thereof by one or more Evidences before any Juftice of the Peace, he or flic fliall, 
 for every fuch Offence, fuffer fuch Corporal Punifhment as the faid Juftice fliall 
 think fit to adjudge, not exceeding Twenty One Lafhes. 
 
 IV. A N D as an Encouragment for Chriftian Servants to perform their Service Mafter to provide 
 with Fidelity and Chearfulnefs ; Be it further Enabled, by the Authorty aforefaid, servLu!" "" 
 That all Mafters and Owners of any Servant or Servants, fhall find and provide 
 
 for their Servant or Servants, wholefome and competent Dyet, Cloathing, and 
 Lodging, at the Difcretion of the County Court, and fliall not, at any Time, 
 give immoderate Corredion, neither fliall, at any Time^ whip a Chriftian Servan!: 
 naked, without an Order from a Juftice of the Peace : And if any Perfon fliall Not to whip 
 prefumeto whip a Chriftian Servant naked, without fuch Order, the Perfon fo Pem'of'Vos! t» 
 offending, fliall forfeit and pay the Sum of Forty Shillings, Proclamation Money, fu^h Servant. 
 to the Paity injured; to be recovered, with Cofts, upon Petidon to the County 
 Court, (witliout the formal Procefa of- an Aftion,) as in and by this Ad is pro* 
 
 S f vided 
 
i52 i ^ /^ 5 o/" North -Caroli N A. 
 
 yf. D. I74I. vided for Servants Complaints to be heard and determintd ; provided Complaint 
 4^..^ / ^g ^^^g within Six Months after fuch whipping. 
 
 Serrint. com. V. JND he it furthcT Etiactcd, hy the Authcrity aforefaidi Th2t all Servants 
 S"'bfnd^h?" by Indenture or otherewife as a^rforei^iid, ihall have their Complaints received by 
 &r' to next a Jufticc of thc Peacc, who, if he find Caufe, fhall bind the Mailer, Miftrefs, or 
 «^°'="- Overfeer, over, to anfwer the Complaint at the next County Court •, and it Ihall 
 
 campUinti to be be there determined : And all Complaints of any Servant or Servants (hall and 
 KiFrotftof may, either immediately, or as aforelaid by Virtue hereof, be received at any 
 Aai«w. Time, upon Petition or Information in the Court of the County wherem they re- 
 
 fide, w/thout the formal Procefs of an A6lion ; and alfo, full Power and Autho- 
 rity'is hncby given to the faid Court, at their Difcretion, (having firft fummoned 
 the Matter, Miftrefs, or Overfeer, to juftify themfelves, if they think fit,) to ad- 
 judge, order, and appoint what fhall be neceffary as to Diet, Lodging, Cloathing, 
 M»fter «flt com q^ Corrctlion : And if any Mafter, Miflrefs, or Overfeer, (hall not thereupon com- 
 oSer ot coun' ply with thc Order of the faid Court, the faid Court is hereby authorized and im- 
 Semnt to be ' powered, upon a fccond juft Complaint, to order fuch Servant or Servants to be 
 '"^''* immediately fold, at Public Vandue, by the Sheriff; and after the Charges are de- 
 
 duced, the Remainder of what the faid Servant or Servants Ihall be fold for, to 
 be paid to the Ov/ner. 
 
 tn s'ekntfiiie VI. P ROF ID ED always. That if fuch Servant or Servants fhall be fick or 
 fiin^'notTe fold jamc, or othercwife rc:ndered fo m capable that he, fhe, or they, cannot be fold 
 S.V chfrVes/to for fuch Value at leaft as fhall fatisfy the Fees, and other incident Charges accrued, 
 u fcnt to 'the jj^g f^j^ Court fhall then order fuch Servant or Servants into the Care of the Church- 
 f»'r^;"foV wardens of the Parifh ; and the Mafter, Miftrefs, or Owner, fhall provide the faid 
 >y ths Mafter. Servant or Servants with fuch convenient Necelfaries as they fhall dired and judge ' 
 fufficient for his, her, or their Support, until the Time due by Law from fuch 
 Servant or Servants to their Mafter, Miftrefs, or Owner, fhall be expired, or un- 
 til fuch Servant or Servants Ihall be fo recovered as to be fold, for defraying thc 
 faid Fees and Charges. 
 
 chirgeiteoeie. VII. A N D be it further Ena^cd, That the faid Court, from Time to Time, 
 ^eiontheMaf. ^^u ^rder the Charges of keeping fuch Servant or Servants, to be levied upoa 
 
 the Goods and Chattels of the Mafter or Owner of fuch Servant or Servants, in 
 
 Cafe they fhould negled or refufe to provide for the fame. 
 
 Simnti Com. VIII. A N D he it further Enacted, by the Authority aforefaid. That all Sc> 
 
 JSom'^Da-T vants aforefaid, whether by Indenture or otherwife, as well Feme-Coverts as others^ 
 
 to be heard. ' fl^alj, in the like Manner, (as is provided upon Complaints of Mifufage,) have 
 
 their Petitions received -in the faid County Court, for their Wages, Freedom, and 
 
 Freedom Dues, (in this Ad hereafter cxpreffed,) without the formal Procefs of 
 
 an Adion i and Proceedings and Judgment fhall, in like Manner, be had thereupon. 
 
 Mafter <^ifei,„g. IX. A'ND he it further Ena£ied, hy the Authority aforefaid. That vioM&(^tT 
 l" f *^'h ^'7'"' 05^ Miftrefs of any Servant or Servants, who fhall happen to be fick or difeafed 
 aad"' no' 'endea-' duHng the Time of their Servitude, and unable to perform their daily Labour, 
 lo^t^to'LlTt fhall, upon any Pretext whatfoevcr, remit to fuch Servant or Servants, any Part 
 5 1. of his, her, or their Time, to be cleared of them, whereby the faid Servant or Ser- 
 
 vants may perlfti, or become a Charge to the Parifti: And whofoever fhall here- 
 after offend herein, or fliall not ufe and endeavour all lawful Means for Recovery 
 of fuch their Servant or Servants as fhall happen to be fick or difeafed, during the 
 Time of his, her, or their Servitude, fhall forfeit, for each and every Servant fo 
 turned off or neglefted. Five Founds, Proclamation Money -, to be levied by an 
 Order from the County Court before whom the Fad fliall be proved, by the Oath 
 ef one or more Witnefs or Witheffcs, and to be paid into the Hands of the Church- 
 wardens 
 
LAWS o/'North-Carolina. 163 
 
 wardens of that Farifli where the Offence fhall be committed, and difpofcd of to- ^^ ^'- >74i. 
 
 wards the Support and Maintenance of fuch Servant or Servants fo turned off or * '^ ^ 
 
 neglected, for the Recovery of his, her, or their Health and Strength •, and fuch 
 Servant or Servants fhall be, by the County Court, or any Two Juftices, during 
 the Time of their Infirmity, ordered into the Hands and Care of the Churchwardens 
 of the Parifh in which his, her, or their Mafter or Owner fhall dwell : But in Cafe 
 fuch fick or difeafed Servant or Servants refpedively Ihail not live to the expending 
 the faid whole Sum of Five Pounds, Proclamation Money, then the Remainder 
 to be difpofed of to the life of that Parifh ; or in Cafe the faid Sum of Five Pounds ^^ s '• ""H not 
 Ihould not be fufficient to fupport each Servant during his Servitude, or until his Ibp/cn Ss.r! 
 Recovery, in fuch Cafe the County Court is hereby authorized and impowered to ^'^^'' ^""^' "^r 
 ^ order a Sufficiency to be levied (from Time to Time, as the fame fhall become due,) " " """* 
 upon the Goods and Chattels of the Mafter or Owner of fuch Servant or Servants, 
 if they fhall negledl or refufe to provide the fame, agreable to the Orders of the 
 faid Court ; and fuch Servant or Servants fo negleded or turned off, fliall, upon Servant fo tumM 
 their Recovery, be fet free from their Mafter or Owner. ^^' ^^" ^^ fi^^e 
 
 on his Recovery, 
 
 X. PROVIDED always, and he h further Enabled, That if any Servant or Servants bringiut 
 Servants in this Government, fhall, thro' his, her, or their own wilful Mifbeha- ^^Cfl' *"' °" 
 viour, happen to have any Difeafe, or any broken Bones, Bruifes, or other Im- i^^^t\»i\i 
 pediments, whereby they may be difabled to perform their Labour as they ought 
 
 to do, and become chargeable to their Mafter or Owner, fuch Servant or Servants 
 (hall ferve his, her, or their Mafter or Owner, after the Time of his, her, or 
 their Service by Indenture or otherwife is expired, fuch Time as fhall, by the 
 County Court, be adjudged fufficient, to fatisfy the Charges expended on him, 
 her, or them, for his, her, or their Recovery ; and fhall alfo ferve over fo much 
 Time as he, flie, or they, by any fuch Means, were difabled to ferve : Any 
 Thing herein contained to the contrary, notwithftanding. 
 
 XI. AND he it further EnaEled, hy the Authority afore faid. That if any Servants mating 
 Servant or Servants fhall unjuftly vex and trouble his, her, or their Mafter or [f ravr^'Joubk 
 Owner, with groundlefs Complaints againft them to the County Court, or to any 
 Juitice or Juftices of the Peace, fuch Servant or Servants fhall, by the County 
 Court, be ordered to ferve his, her, or their Mafter or Owner, fo injured by fuch 
 unjuft and groundlefs Vexation, after the Expiration of the Time he, fhe, or they 
 have then to ferve, the double Term and Space of that Time he, fhe, or they 
 neglected and loft, in Profecution of fuch Complaints. 
 
 XII. A N D he it further Enacted, hy the Authority afore faid. That every Ser- Servants put into 
 ▼ant who fhall be in Goal, for his, her, or their own Offence, fhall ferve his, her, off'Les'to rl'ie 
 or their Mafter or Owner, double the Time he, fhe, or they fhall there remain, af- ^""""'^ '^"°*' 
 ter the Expiration of the Time he, fhe, or they have to ferve by Indenture or 
 otherwife ; and further, ferve his, her, or their faid Mafter or Owner, fuch Time 
 
 as fhall be ordered by the County Court, as a Satisfadion for the Fees and other 
 Charges his, her, or their Mafter or Owner hath expended for fuch Servant or 
 Servants. 
 
 XIII. AND he it further Enabled, hy the Authority afore faid. That in all Cafes ^'^"* '"'«''"- 
 of Penal Laws, whereby Perfons free are punifhable by Fine, Servants flaall be birbrF.n^'s^rl 
 punifhed by whipping, at the Difcretion of anyCourt, or Juftice or Juftices be- '=>"'= '"'"•^hip. 
 fore whom fuch Fine or Fines are recoverable, not exceeding Thirty Nine Lafhes 5 pay'th^F'ne!'''' 
 unlefs the Servant fo culpable, can and will procure fome Perfon or Perfons to oav 
 
 txhe Fine. ^ ^ 
 
 XIV. AND he it further Enacted, hy the Autority afore faid. That no free WofreePerfonto 
 Man or Trader whatfoever, Ihall buy, fell, trade, barter, or borrow any Com- ' 
 
 modities 
 
 thi Time loft. 
 
.164 LAWS of North-Carolina. 
 
 » ^. D. 1741. niodities whatfoever, with, to, or from any Apprentice or Servant, whether fo 
 ^."'ve ^y Indenture or otherwile, or With any Slave within this Government, without the 
 onVn.°of treble Confcnt of the Mafter, Miftrefs, or Owner of fuch Apprentice, Servant, or Slave, 
 for ^nlTe r**^'' "P°^ ^^^^ °^ forfeiting treble the Value of the Commodity or Commodities fo 
 traded for, bartered or foldj and alfo, fliall pay the,Su?n of Six Pounds, Procla- 
 mation Money, to the Ufe of the faid Mafter, Miftrefs, or Owner ; to be recovered, 
 in the Court of the County where the Offence fhall be committed, by Action of 
 Debt, Bill, Plaint, or Information, wherein no EfToign, Protedtion, Injunftion, 
 Offender not aMe or Wager of Lav/, fhall be allowed or admitted of: And if it fhall fo happen, 
 fo/rsetvam." that the Perfon fo offending fliall not be able to pay treble the Value of the Com- 
 , modities fo traded for, fold or bartered, and the Sum of Six Pounds, fuch Perfons 
 '■ Ihall then be adjudged, by the County Court, to be fold as a Servant for the fame. 
 
 Jiaftei- not fuing XV. PROVIDED always. That if the Mafter, Miftrefs, or Owner of fuch 
 ay ^oSer'perfon Apprentice, Servant, or Slave, -fhall not, within Six Months after be or fhe fliall 
 »=>y- have Information or Knowledge of fuch Offence, profecute the Offender or Of- 
 
 fenders for the fame, that then it fhall and may be lawful fot any other Perfon fo 
 to do, and to have and receive every Advantage and Benefit arifing from fuch 
 Profecution. 
 
 strvsnts imbez. XVI. A N D he it fuTther Eua^iedy hy the Authority aforefaid. That every Sef- 
 "rs"Goods'^fo vant, by Indenture or otherewife, who fhall imbezzel, purloin, wilfully wafte, or 
 ittvt for it. fhall trade, fell, or barter, or otherewife make away any of his or her Mafter or 
 Miftrefs's Corn, Cattle, Sheep, Hogs, Stock, or other Goods or Provifions, or 
 Commodities whatfoever, fhall, upon Convidion of every fuch Offence, by one 
 or more Teftimonies, upon Oath, or Confeffion of the Party, before any County 
 Court within this. Government, be adjudged, by the faid Court, to ferve his or 
 her faid Mafter or Miftrefs fuch Time as the faid Court fhall think reafonable, for 
 the faid Offence, after the faid Time by Indenture or otherwife, as aforefaid, is 
 expired. 
 
 •w.,ma8 Servant XVII. AND wlicrcas many Women Servants are begotten with Child by free 
 hersfrviti.de, to Men, Or Scrvants, to the great Prejudice of their Mafter or Miftrefs, whom they 
 ferve 1 Yc^r for fervc ', Beit therefore further Enacted, by the Authority aforefaid. That if any Wo- 
 man Servant fhall hereafter be with Child, and bring forth the fame during the 
 Time of her Servitude, fhe fhall, for fuch Offence, be adjudged, by the County 
 Court, to ferve her Mafter or Miftrefs One Year, after her Term of Service by 
 Indenture or otherwife is expired. 
 
 If (he has n Child XVIIi. AND he it further Enacted, hy the Authority aforefaid. That if any 
 
 Churchwardens' Woman Servant fhall hereafter be delivered of a Child, begotten by her Mafter, 
 
 may fell her for fuch Servant fhall, immediately after Delivery, be fold, by the Churchwardens 
 
 *"■ of the Pariih where the Offence fhall be committed, for One Year, after the Time 
 
 of Service by Indenture or otherwife is expired ; and the Money arifmg by fuch 
 
 If by « Negrs, Sale, fhall be to the Ufe of the Parifli : And if any white Servant Woman fhalJ, 
 
 *M for\"YLr^s! during the Time of her Servitude, be delivered of a Child, begotten by any Negro, 
 
 and the Child Mulatto, Or Indian, fuch Servant, over and above the Time fhe is by this Adt to 
 
 Yeals eTAge.^^ ^^rve her Mafter or Owner for fuch Offence, ftiall be fold, by the Churchwardens 
 
 of the Parifli, for Two Years, after the Time by Indenture or otherwife is expired -, 
 
 and the Money arifing thereby applied to the Ufe .of the faid Parifh •, and fuch 
 
 Mulatto Child or Chifdren of fuch Servant, to be bound, by the County Court, 
 
 until he ox fhe arrive, at the Age of Thirty One Years. 
 
 XIX. AND whereas many Abufes have and may be committed, by Perfons 
 who, under Pretence of underftanding feveral Trades and Mifteries, have pro- 
 cured, and may hereafter procure, large Sums of Money to be advanced to them, 
 
 and 
 
LAWS of North -Carolina. r65 
 
 and have entered, and may hereafter enter, into Covenants with Merchants and ^- ^- '741- 
 others in Great-Britain^ or elfewhere, for the Payment of large Wages, Yearly, v-^ 
 
 though they were, or may be, totally ignorant of, and unable to periorm, fuch 
 Trade and Miilery : For Remedy whereof, 
 
 * 
 XX. B E it Enacted., by the Authority aforefaidy That all and every Perfon or Tr^cfmen im- 
 Perfons already imported, or who fhall be herealtcT imported, into this Govern- Tund nT: t<. .n^ 
 ment, as a Tradefman or Workman, on Wages, and fhall be lound not to un- ^''^^''^ •J"" 
 derftand fuch Trade or Employment, the Matter or Owner of fuch Servant may miycutoffiheit 
 bring him or her to any County Court of this Government ; which Court, upon ^^•'^"■ 
 Complaint made to them of fuch Deceit, are hereby impowered and directed to 
 enquire into the fame, and upon finding any fuch Fraud, may judge and diredt 
 fuch Satisfadion to be made to the Matter or Owner of iuch Servant, either by 
 Defalcation of the Wages, or Part thereof, as to them fiiall feem jult. 
 
 ' XXI. AND be it further Etmctedy by the Authority aforefaidy That if any Per^ if they rtfureto 
 fon, who is or Ihall hereafter be imported or brought into this Government, as a ^h'/nt",^"J^I°' 
 Tradefman or other Workman, on Wages, fhall rcfufe or negledt to perform his iti'<^s, to r.rve 
 Duty, or ihall abfent himfelf from his Maiter or Owner*s Service without Leave, ^'ft'^'^Juholir' 
 in every fuch Cafe, it Ihall and may be lawful for the Julticcs of the County Court Wjgcs. 
 wherein fuch Matter or Owner refides, upon Complaint, and Proof to them made, 
 to order fuch Satisfaftion and Reparation to the Matter or Owner of fuch Servant, 
 for the Damages fuftained by him for fuch Refufal or Negkd, as to them fhall 
 feem juft ; and for every Day fuch Servant fhall abfent himfelf from his Matter or 
 Owner's Service as afore faid, to order and direft fuch Servant to fi.rve his or her 
 faid Matter or Cwnrr, Two Days for every Day's Abfence, alter his 1 ime by In- 
 denture or otherwife is expired, and that without any Wages to be paid for fuch 
 Service. 
 
 XXIL A NT) be it further EnaSfed^ by the Authority aforefaidy That there fhall '"wttFreedoa 
 be allowed to every Servant, whether by Indenture or ctherwifc, not having Yearly 
 Wages, at the Expiration or his or her Service, Three rcun.ls, Froclamation Mo- 
 ney, befides one fufticient Suit of wearing Cloaths for fuch Servant or Servants. 
 
 XXIII. AND be it further Ena£led^ by the Authority aforefaid. That if any P"fens import. 
 Perfon or Perfons ahcady have, or fhall hereafter, import into this Government, Tli've lny"frte 
 and here fell, or retain for his own Ufe, as a Slave, any Perfon or Perfons that ''-'''". «" p*y 
 ihuU have been free in any Chrittian Country, Ifland, or Plantation, or Turk or [ur'd d!mbie ihe 
 Moor, in Amity with his Majetty, fuch Importer or Seller as atorefaid fhall for- Sum he wa» fold 
 feit and pay, to the Party from whom the faid free Perfon fhall recover his or her 
 Freedom, double the Sum for which fuch free Perfon was fold j to be recovered 
 
 in any Court of Record within this Government, according to the Courfe of Com- 
 mon Law, wherein the Defendant fhall not be admitted to plead, in Bar, any A(5t 
 or Statute for Limitation of A<5tions: And moreover, fuch Importer or Seller of And (\m give 
 any fuch free Perfon as aforefaid, fhall be committed until he enter into Bond," be- A"h"j'crro""o 
 fore the faid Court, with Two good and fufficient Sureties, in the Sum of Five '*'* '''^" ^"^om 
 Hundred Pounds, Sterling Money of Great-Britain, payable to Our Sovereign Lught km. 
 Lord the King, his Heirs and SuccefTors, with Condition, That he ihall and do, 
 within One Year then next enfuing, tranfport and Land (Danger of the Seas and 
 Life only excepted,) fuch free Perlbn fold by him as a Slave as aforefaid, (if he 
 or fhe fhall fo require,) in the Country, Ifland, or Plantation from whence he or 
 fhe was indiredtly brought as aforefaid ; and fhall produce an authentick Certifi- 
 cate of his Performance thereof to the faid Court. 
 
 XXIV. ANDbe it further Enacted, by the Authority aforefaid. That each and On e»mpi,i„t of 
 every Juttice of the Peace for the feveral Counties within this Government, are '"> ^"^'^ P"^"" 
 
 T t hereby 
 
j^6 L A PV S o/" North -Carolina. 
 
 ^AJ^. 1741. hereby impowered and directed, upon the Complaint of any Perfon who now is, 
 *»— — ^■— — ' Qj. herafter fhali be, imported into this Government, and who was free in any Chrif- 
 examin=th-M.ti' tian Country, Jfland, or Plantation, before his or her Tranfportation hither, who 
 ter. and bnd th^ jg j^^^pj. qj. j^qj^ ^g ^ Slavc, to caufc tlic pretended Owner of fuch Perfon complain- 
 tbe w't'n'eireT, to ing, to appear before hun, together with fuch Evidence or Evidences as lliall be 
 wher"''"'the°faral material •, and after Examination taken, in Writing, fiiall bind them over to ap- 
 Aii! be determi- pear at the next County Court of which he is a iMember, where the faid Complaint 
 *r' iliall be heard and determined without any formal Procefs of Law. 
 
 Penalty on Per. XXV. AND bc it furthef EnalJe^, by the Authority aforefaid. That if any 
 ions tempting Pej-fon or Pcrfons whatfoever, fhall, diredfjy or indiredtly, at any Time after the 
 fror"thdr mI" Ratification of this Adl, tempt or perfwade any Apprentice or other Servant, du- 
 ters Service. ^■^^^. ^|^g ^ jj-j^^ of j^js qj- j^^j- ::jervice due by Indenture or otherwife, or any Negro 
 or other SUv^s to leave their Mafler or Miilrefs's Service to whom he or they i& 
 Apprentice, Servant, or Slave, or fhall, knowingly, give Encouragement to relcive, 
 affiit, harbour, or entertain any Rich, or fhall, knowingly, encourage, relcive,' 
 aiXift, harbour, or entertain, for any Space of Time whatfoever, any Apprentice, 
 Servant, or Slavv, who fliall wilfully abfent him or herfelf from the Service of his 
 or her Mafter or Miftrefs, fuch Perfon or Perfons fo offending, fhall forfeit and 
 pay, lor each and every fuch Apprentice or other Servant, and for each and every 
 Ne<>-ro or other Slave, the Sum of Forty Shillings, Proclamation Money, and for 
 each Twelve Hours fuck Apprentice or other Servant, Negro, or Slave, be af- 
 terwards abfent from his Mafter or Miftrefs' s Service, the Sum of Five Shillings, 
 Proclamation Money •, to be recovered, by the Mafter or Owner of fuch Appren- 
 tice, Servant, or Slave, by Aftion of Debt, Bill, Plaint, or Information, in the . 
 General or County Court, wherein no EfToign, Protedion, or Injundion, fhall be 
 allowed or admitted of: And if it fhould fo happen, that any Perfon or Perfons 
 <^onvided Offenders herein, fhould not be able, or rcfufe to pay the Fines by this 
 Ad intiided, in fuch Cafe the Offender fhall be, by Order of the General or County 
 Court, fold as a Servant, for fuch Time as the faid Court lliall think fufRcient, 
 to pay the fame •, and fhall be, during fuch Servitude, liable to the Penalties and 
 Forfeitures infiicced for Breaches of this Ad. 
 
 drerfeer i«av:ng XXVL AND be it further EnaSled^ by the Authority aforcfaid. That if any 
 ii! Empicym^nt, ppffg^ ^^\\ j^jj-g or conttad himfelf to lerve as an Overfeer, either upon Wages 
 iLr-'r Shire of Of Share of the iToduce, with any Perfon or Planter whatfoever within this Go- 
 the criip. vernm- nt, and fhail abfent himfelf or depart from the Service of his Mafter or 
 
 Miftrefr, before the Time mentioned in his Agreement or Contrad fhall be ex- 
 pired, he fliall, for fuch Offence, forfeit his Right and Title to his Wages, or 
 Share of the f'roduce. 
 
 Penalty on Per- YCAVW. A N D be it further Enacted, by the Authority aforefaidy That if any 
 fons carryin,^ Pcrfon or Peffons whatfoever, fhall, diredly or indiredly, at any Time after the 
 fe.vcrnmeijt. Ratification of this Ad, tempt or perfuade any Negro or ^egroes, or other Slave 
 or Slaves, to leave his, her, or their Mailer or Miftrefs's Service, out of an Intent 
 and Defign to carry or convey av/ay him, her, or them, out of this Government, 
 or ftiall nar!:iour or conceal him, her, or them, for that Intent and Purpofe, 
 and be thereof convided, by his, her, or their own Confefiion, or the Oath of 
 one credible Witnefs, fuch Perfon or Perfons fliall, by the Two next Juftices of 
 the Peace, be committed to Goal, or bound over to the next Court to be held 
 for the County v/herc the Offence fliall be committed, and fliall be profecuted, by 
 Indidment, for the faid Oftlnce-, and being tliereof lawfully convided, fliall, by 
 the faid Court, be adjudged to pay, to the Mafter or Miftrefs, for each Negro or 
 other Slave fo* inticed or perfuaded, for the Pupofe aforefaid, the Sum of Twenty 
 Five Pounds, Proclamation Money, or the Value thereof-, to be levied by Order 
 of the faid Court : But in Cafe the Party oifeading fhall not be found worth Lands, 
 
 Goods, 
 
LAWS o/' North-Carolina. 167 
 
 Goods, or Chattels, to the Value aforefnid, then the faid Comt Ihall adjudge him, ^- ^- '74i- 
 her, or them, to ferve the Owner of fuch Slave or Slaves, or his Affigns, Five ^^ — *" — "^ 
 Years ; and fo deliver him, her, or them, over to the Mafter, Miftrefs, or Owner 
 of fuch Slave or Slaves, fo tempted or pcrfuaded as aforefaid, and make Record 
 thereof: But if any Perfon or Perfons fliall fo tempt and practice with any Necrcy 
 or Negroes, or other Slave or Slaves, and him, her, or them, fo tempted, fhall'ac- 
 tually convey away, or fend out of this Government, and be afterwards apprehended 
 and convidled thereof, he, fhe, or they, Ihall, by the faid Court, be feverally ad- 
 judged a^d condemned as guilty of Felony ; and fhall fuffer accordingly. 
 *■■'"■■" 
 
 - XXVIII. AND for Encouragement of all Perfons to take up Runaways, Be '^^^""<' ^° ?=«• 
 it EnaSed, by the Authority af ore/aid. That for the taking up Servants or Slaves, "[runa^ly's.^ "^ 
 if Ten Miles, or under, from the Houfe or Quarter where fuch Servant or Slave 
 was kept, there Ihall be allowed, by the Mafter, if known, and refiding in tlic 
 County, if nor, by the Public, as a Reward to the Taker-up, Seven Shillings and 
 Six Pence, Proclamation Mo"sy» ^^id for every Mile above Ten, Three Pence, ^ 
 over and above the faid Sum ; which faid feveral Rewards fiiall be paid by the 
 Churchwardens of the Parifli where fuch Taker-up fhall refide, or where he fliall 
 bring fuch Runaway belore a Juftice of the Peace ; and fhall be levied again by 
 the Churchwardens of the faid Parilh, upon the faid Mafler or Owner of fuch Run- 
 away, for Reimburfment of the fame to the Parifn: And for the greater Certainty R-w^rd hew « 
 in paying the faid Rewards, and reimburfing the Parifli, every Juiliceof the Peace ^'^^'^' 
 before whom fuch Runaway fhall be brought, upon the taking up, fhall grant a 
 Certificate thereof, in which he fnall mention the proper Name and Surname of 
 the Taker-up, and the County of his or her Refidence, together with the Time, 
 and Place of taking up the faid Runaway, and fhall alfo mention th^ Name of thq 
 faid Runaway, and the proper Name and Surname of the Mafter or Owner of fuch 
 Runaway, and the County pf his or her Refidence, together with the Diftance of 
 Miles, in the faid Juftices Judgment, from the Place of taking up the faid Run- 
 away, to the Houfe or Quarter where fuch Runaway was kept ; upon producing 
 which Certificate to the Churchwardens of the Parilh where the fame was granted, 
 they fhall pay, to the Taker-up of fuch Runaway, or his Afiigns, the Reward 
 aforefaid ; and fliall levy the fame again as aforefaid : But if it Ihould happen, that 
 the Mafter or Owner of fuch Runaway fliould not refide, or have Effc6ts in the 
 County where the faid Certificate fhallbe granted by the Juftice as aforefaid, the 
 faid Churchwardens fhall tranfmit the faid Certificate to the Sheriff of the County 
 where the Owner of fuch Runaway refides, or hath Efteds, who fliail, upon Re- 
 ceipt thereof, immediately levy the fame upon the Goods and Chattels of the Mafter 
 or Owner of fuch Runaway, and return the fame to the Churchwardens aforefaid, 
 or their Order ; any Law, Ufage, or Cuftom to the contrary, notwithftanding. 
 
 XXIX. AND be it further EnaFied, by the Autor'ity aforefaid, That if any Runaway siave 
 Negro or other Perfon, who Ihall be taken up as a Runaway, and brought before M'^e'r'"'"! *bc 
 any Juftice of the Peace, and cannot fpeak Englifh, or, through Obftinacy, will commiucd to the 
 not declare the Name of his or her Owner, fuch Juftice fhall, in fuch Cafe, and S^tic^'gtn 'r^^ 
 he is hereby required, by a Warrant under his Hand, to commit the faid Negro ^ Months by the 
 Slave or Runaway to the Goal of the County wherein he or Hie Ihall be taken uj? ; ^*'""^- 
 and the Shenft, or Under-sheriff", of the County into whofe Cuftody the faid Run- 
 away fhall be committed, Tnall forthwith caufe Notice, in Writing, of fuch. Com- 
 mitment, to be fet upon the Court-houfe Door of the faid County, and there con* 
 tinued, during the Space of Two Months; in which Notice, a full Defcription of 
 the faid Runaway, and his Cloathing, fhall be particularly ftt down ; and fliall 
 caufe a Copy of fuch Notice to be fent to the Clerk or Reader of each Church or 
 Chappel within his County, who are hereby required to make Publication thereof, 
 h^ fetting up the fame in fome open and convenient Place, near the faid Church 
 or Chappel, on every Lord's Day during the Space of Two Months, from the 
 
 Date 
 
i68 LAWS of North-Carolina. 
 
 Ill ■_ _■■ I ... - . 
 
 A D I74I Date thereof: And every Sheriff tailing to give fuch Notice as herein is diredied, 
 shTr^'n"^ ^^^^ forfeit and pay Five Pounds, Proclamation Money ; which faid Forfeiture 
 pv/fuchM"nce, fhall and may be recovered, with Cofts, in any Court of Record in this Govern- 
 to foirfut si. ment, by Adion of Debt, Bill, Plaint, or Information, wherein no Efibign, Privi- 
 ledge, Pi-otedion, Injunction, or Wager of Law, Ihall be allowed: The One 
 Moiety whereof (hall be to the Churchwardens, for the Ufe of the Parilh, as well 
 as towards the defraying the Charges that (hall arife and become due by Virtue of 
 this Ad,- and the other Moiety to the Perfon who ihall fue for the fame. 
 
 k*.wn ir*two XXX. AND be it further Enabled, by the Authority aforefaid^ That if within 
 Mo>«hs,"RuM! the Space of Two Months, the Owner of any fuch Negro SLve or Runaway can- 
 ^/pubH/o^a'r ^°^ ^^ known, or doth not claim the fame, that the Sheriff of the faid County to 
 whofe CufVody fuch Runaway fhall be eommitted, fhall caufe the faid Runaway 
 to be delivered to the next Conftuble, to be by him delivered to the next Confta- 
 ble, and fo from Conflable to Conftable, to the Public Goal of this Government, 
 after fuch Manner, and to receive fuch i'unilhment, as in this Ad is mentioned 
 and direded. 
 
 "t^'yefknln' XXXI. AND be it fuTthet EmSfed^ by the Authority aforefaid. That when any 
 Coaler may hire Negro or Ruhaway, as aforefaid, fhall be delivered to the Keeper of the Public 
 JifFea.' *° *"'' ^o^^ "^ ^^'^ Government, by Virtue of this Ad, and his or her Mailer or Owner 
 cannot be known, it fhall and may be lawiul for the Keeper of the faid Goal, upon 
 his Application to the General Court, or the neartft County Court to the faid Goal, 
 or to any Two Juftices, out of Court, w.tn theConfentof either of the faid Courts, 
 or Two Juftices, as aforefaid, to let the faid Negro or Runaway to Hire, to any 
 Perfon or r'erfons whom they fhall approve of, tor fuch Sum or Sums of Money, 
 or Quantity of Commodities, and for fuch Term or Time, as they fhall dired; 
 and that out of the iMoney or Commodities arifing by fuch Hire, all Fees relating 
 to the taking up, Imprifonment, and conveying to Goal, and Charges of main- 
 taining fuch Negro or Runaway, fliall be firfl paid and difcharged, and the Over- 
 plus, if any, difpofed of as fuch Court, who ihall order the faid Negro or Run- 
 away to let out to Hire, fhall dired. 
 
 c*nrt ippMr. XXXII. P ROV ID ED always-, That when the Owner of fuch Negro or 
 i?'d!i''verr/^ lo Ru'i'iway fhall demand the lame, the Perfon to whom fuch Negro or Runaway 
 him. he frying fhall be let out to Hire, fhall forthwith deliver him or her into the Cuftody of the 
 ****• Keeper of the Public Goal, and fhall then alfo pay the Hire, in Proportion to the 
 
 Time the faid Runaway hath ferved -, and the Keeper of the faid Goal fhall deli- 
 ver the faid Runaway to his Mafler or Owner, he or the paying down all Fees 
 and Charges ot taking up, Imprifonment, conveying to Goal, and maintaining 
 fuch Runaway, in Cafe the Hire of the faid Runaway be not fufHcient to fatisfy 
 the fame. 
 
 R«n»w»y siive XXXIII. AND be it further Enact ed, by the Authority aforefaid^ That when 
 ^rt'^\?\t'r. the Keeper of the faid Public Goal fliall, by Diredion of fuch Court as aforefaid, 
 *^1''he'" t^ ' ^^^ °'^^ ^"^ Negro or Runaway to Hire, to any Perfon or Perfons whomfoever, 
 Aversbu f"r hij ths ^^i^ Keeper fhall, at the Time of his Delivery, caufe an Iron Collar to be put 
 jfcapc. on the Neck of fuch Negro or Runaway, wi'h the Letters P. G. ftamped there- 
 
 on •, and that thereafter the faid Keeper ihall not be anfwerable for any Efcape of 
 the faid Negro or Runaway. 
 
 Rnn.wiy. tJk« XXXIV. AND he it further Enacted^ by the Authority aforefaid. That when 
 «p, ji.fticetoof any Runaway Servant or Slave fiiall be brought before any Juttice of the Peaa; 
 whippH*? ^°nt ^'^^^" this Government, fuch Juftice fiiall, by his Warrant, commit the faid Run- 
 {tnt from C'n away to the next Conflable, and therein alfo order him to give the faid Runaway 
 wVhome.^""*" ^0 ni^ny i-aHies as the faid Juftice ihall think fit, not exceeding the Number of 
 
 Thirty 
 
LAWS of NoRT h-Car'ol I N A. 169 
 
 Thirty Nine, well laid on, on the bare Back of luch Runaway T and then to be ^- ^- 1741- 
 conveyed from Conftable to Conftabie, until the faid Runaway fhall be carried ^ 
 home, or to the Public Goal, as aforefaid. 
 
 -"V- 
 
 XXXV. A N D be it further Enafied^ That every Conftabie fhall, on his Re- Conftabie refu- 
 ceipt of fuch Runaway, give a Receipt .for him or her ; and that every Confta- r" Lway'r^w 
 ble failing to execute fuch Warrant, according to the Tenor thereof, or refufing forfeit xo\. 
 to give fuch Receipt, fhall forfeit and pay Tv/enty Shillings, 'Proclamation Mo- 
 ney, or the Value thereof in Bills, to the Churchwardens, for the Ufe of the Pa- 
 rilh wherein fuch Failure Ihall be ; to be recovered by a Warrant under the Hands 
 of any Two Juftices v/ithin the County where fuch Conftabie fhall refide : And fuch 
 Corporal Punifhment fnall not deprive the Mafter or Owner of any Runaway Ser- 
 vant of the other Satisfaftion herein by this Ad appointed to be had of fuch Ser- 
 vant, for his or her running av»^ay. 
 
 ■ XXXVI. AND be it further EnaEled^ hy the Authority aforefaid. That if any sherf employing 
 Sheriff, Under-sheriff, or Conftabie, fliall fet to work, employ, or let out to ueepS tS Z 
 Hire, without Order of Court as aforefaid, any Runaway Servant or SlaVe com- Cuftody longer 
 mitted to the Cuftody of any of them, or fhall detain fuch Runaway longer in his r^as^^'To'^^rftit 
 or their Cuftody than by this Aft is direfted, he or they fo offending, fhall for- 5 i- ' 
 feit and pay Five Pounds, Proclamation Money ; to be recovered, in any Court 
 of Record in this Government, by Aftion of Debt, Bill, Plaint, or Information, 
 .wherein no Effoign, Proteftion, Privilege, or Wager of Law, fliali be allowed : 
 One Moiety whereof to be paid to the Churchwardens, for the Ufe of the Parifh 
 where the Offence fhall be committed, and the other to him or them who fhall 
 fue for the fame : And if any Sheriff, or his Under-Sheriff, or any Conftabie, into sherif fuffering 
 whofe Hands any Runaway Servant or Slave fhall be committed, by Virtue of Runaway to e- 
 this Aft, fhall negligently or wilfully fuffer fuch Runaway to efcape the faid Sheriff, thToamaV! "* 
 Under-Sheriff, or Conftabie, he or they fhall be liable to the Aftion of the Party 
 grieved, for Recovery of his Damages, at the Common Law, with Cofts. 
 
 'j^XXVll. A N D he it further E7ti?Med^ hy the Authority aforefaid. That all and conftabks ex. 
 every the Conftables within this Government, for their Encouragement to perform pTy^irg'^LevieT 
 their Duty, be, and they are hereby, for the future, exempted from the Payment of 
 all Public, County, and Parifh Levies, for their own Perfons, during their Con- 
 tinuance in Office ; and that the Keepers of Ferries within this Government, fhall Ferry-keepers to 
 give immediate PafTage to all Conftables, and their Afliftants, charged with con- p^'^jge*^"' Con! 
 dufting any Runaway or Runaways, either to the Public Goal, or to fuch Run- ft-^Wes charged 
 away or Runaways Mafter or Owner, without charging fuch Conftabie, or their ""'^^ Runways. ^ 
 Afliftants, for the Ferriage, either going or returning: But all fuch Ferriages of such Ferriages t* 
 Conftables, and their Affiftants, fhall be paid by the Churchwardens of the Parifh ^^ v^'^^ ^1 the 
 v/here fuch Ferry-keepers refpeftively live, and levied, as aforefaid, upon the "''^ ^^'^ ^^^' 
 refpeftive Mafters or Owners of fuch Runaways. 
 
 XXXVIII. AND he it further Enacted, by the Authority aforefaid. That from shmfsandGcsi, 
 and after the Publication of this Aft, the Fees and Allowances of the faid Sheriffs er's Fcts. 
 and Goaleis be as followeth; That is to fay. For the Commitment of every fuch 
 Negro or Runaway to any County Goal, the Sheriff fhall be paid, for his Fee, the 
 Sum of Two Shillings and Six Pence, Proclamation Money, and for the keeping 
 or maintaining him or her in Goal, for every Twenty Four Hours, the Sum of 
 Six Pence, and for his or her Releafement, the Sum of Two Shillings and Six 
 Pence ; and that the Keeper of the Public Goal of this Government, for the Com- 
 mitment of every fuch Negro or Runaway, fhall be paid the Sum of Two Shil- 
 lings and Six Pence, Proclamation Money, and for his or her keeping in Goal, 
 every Twenty Four Hours, the Sum of Six Pence, Proclamation Money, and for 
 his or hcT Releafement, the Sum of Two Shillings and Six Pence, Proclamation 
 
 U u Money* 
 
1 70 LAWS ^/'North-Carolina. 
 
 A. D 1741 Money, and no more: And if any Sheriff, in any County of this Government, or 
 
 *>—- — v* ' Keeper of the Public Goal, fhall demand or take any greater Fee or Allowance 
 
 taking "greater than is hetcby before appointed and allowed, for the Services and Maintenance 
 Fee?, to forfeu aforcfaid, or any of them, he or they fo offending, fhall, for every Offence, for- 
 feit and pay to the Party greived, the Sum of Twenty Shillings, Proclamation 
 Money, and fhall alfo reiund and pay bacloto the Parties, fuch Sum of Money 
 which fuch Sheriff or Goaler fhall receive and take, over and above the Fees and 
 Allowances herein before appointed ; which faid Forfeiture of Twenty Shillings, 
 fhall and may be recovered by a Warrant from any Juftice of the Peace of the 
 County where fuch Offence fhall be committed. 
 
 Runaways fup- XXXIX. A N D be it further Ena^ed^ hy the Authority aforefaid. That when 
 
 to ttVr°GJve°nf ^^'7 Negro or other Runaway whofe Owner is fuppofed to be refident in any other 
 
 ments, G .aier to Provincc, fhall be committed to any Public Goal of this Government, the Keeper 
 
 DlnpSoJ"'of' of the faid Goal (hall, by the firft Opportunity after fuch Commitment, fend a 
 
 them. Defcription oi fuch Negro or Runaway, together with the Account of tlae Time 
 
 of the Commitment, and the County where fuch Runaway is committed, to the 
 
 Prefs, to be advertifed in the Virginia^ or South-Carolina Gazette ; for which he 
 
 fliall be reimburfed by the Owner of the faid Slave or Runaway. 
 
 si»'" not to go XL. AND he it further Ena5fed^ hy the Authority afrefaid^ That no Slave fhall 
 go armed with Gun, Sword, Club, or other Weapon, or fhall keep any fuch 
 Weapon, or lliall hunt or range v/ith a Gun in the Woods, upon any Pretence 
 whatfoevftr, (except fuch Slave or Slaves who fhall have a Certificate, as is herein 
 Offenders may Ve aftf f providcd ;) and if any Slave fhall be found offending herein, it fhall and may 
 tak n up, their {3^ hwful for any Perfon or Perfons to feize and take, to his own Ufe, fuch Gun, 
 themVand t'he'^ Swotd, or Other Weapon, and to apprehend and deliver fuch Slave to the next 
 whipped. Conftable, who is enjoined and required, without further Order or Warrant, to 
 
 give fuch Slave Tw nty Lafhes, on his or her bare Back, and to fend him or her 
 home j and the Mafter or Owner of fuch Slave fhall pay to the Taker-up of fuch 
 armed Slave, the fame Reward as by this Ad is allowed for taking up of Run- 
 aways. 
 
 One Slave on a XLI. V RO V I'D E D always. That nothing in this Aft fhall be conflrued or 
 reptedT"" "' extended, to prohibit or debar any Mafler or Owner of any Slave or Slaves with- 
 in this Government, from employing any one Slave in each and every diftinft 
 Plantation, from hunting in the Woods on their Mafler's Lands with a Gun, to 
 preferve his or her Stock, or to kill Game for his or her Family. 
 
 Scich Slave ^0 car. XLII. PROVIDED alfo. That fuch Mafler or Owner fhall firfl deliver in- 
 ly a Ceri :fi«te. ^^ ^^^ County Court, an Account, in Writing, of the Name of any fuch Slave to 
 be employed as aforefaid •, and the Chairman of the Court fhall fign a Certificate 
 that fuch Slave is allowed to carry a Gun, and hunt in the Woods on his Mafler 
 or Miflrefs's Lands : And the Mafler, Miflrefs, or Overfeer of fuch Slave fhall 
 give him the faid Certificate, which fuch Slave fhall always carry about him, on 
 Pain of being apprehended and punifhed as aforefaid : Any Thing herein before 
 contained to the contrary, notwidiftanding. 
 
 cSe Plantation XLIIL AN Die H further Enacted^ hy the Authority aforefaid^ That no Slave 
 without Leave, fhall go from off the Plantation or Seat of Land where fuch Slave fhall be appoint- 
 l^r"L s"*"^" ^'^ ^o ^ive, without a Certificate of Leave, in Writing, for fo doing, from his 
 or ner Mafler or Overfeer, (Negroes wearing Liveries always excepted.) 
 
 excepted.) 
 
 Slaves not to r»ife XLIV. A N D bt it further Enaftedy hy the Authority aforefaid^ That no Slave 
 Stock. j[j^^j| ^g permitted, on any Pretence whatfoever, to raife any Horfes, Cattle, or 
 
 Hogs i and all Horfes, Cattle, and Hogs, that. Six Months from the Date here- 
 of. 
 
LAWS o/" North-Carolina. 
 
 A D. 
 
 of, fhall belong to any Slave, or of any Slave's Mark in this Government, fhall 
 
 be feifed, and fold by the Churchwardens of the Parifh where fuch Horfes, Cat- "^ 
 
 tie, or Hogs (hall be, and the Profit thereof be applied, one Half to the Ufe of 
 the faid Parifh, and the other Half to the Informer. 
 
 XLV. AND whereas many Times Slaves run away, and lie out hid and lurk- Runaway siav« 
 xng in Swamps, Woods, and other obfcure Places, killing Cattle and Hogs, and ^'^ *"* "ut-iavr. 
 committing other Injuries to the Inhabitants of this Government: Be it therefore 
 Enacted, by the Authority aforefaid^ That in all fuch Cafes, upon Intelligence of 
 any Slave or Slaves lying out as albrcfaid, any Two Juftices ot the Peace for the 
 County wherein fuch Slave or Slaves is or are fuppofed to lurk or do Mifchief, 
 fhall, and they are dereby impowered and required, to ifllie Proclamation againft 
 fuch Slave or Slaves, (reciting his or their Name or Names, and the Name or 
 Names of the Owner or Owners, if known,) thereby requiring him or them, and 
 every of them, forthwith to furr^nder him or themfelves ; and alfo, to im power 
 and require the Sheriff of the faid County to take fuch Power with him as he ihall 
 think fit and necelTary, for going in Search and Purfuit of, and effedual appre- 
 hending fuch outlying Slave or Slaves -, which Proclamation fhall be publilhed on 
 a Sabbath Day, at the Door of every Church or Chappel, or for Want of fuch, 
 at the Place where Divine Service fhall be performed in the faid County, by the 
 Parifh Clerk, or Reader, immediately after Divine Service: And if any Slave or 
 Slaves againft whom Proclamation hath been thus ifTued, ftay out and do not im- 
 mediately return home, it (hall be lawful for any Ptrfon or f erfons whatfoever, 
 to kill and deftroy fuch Slave or Slaves, by fuch Ways and Means as he or fhe 
 Ihall think fit, without Accufation or Impeachment of any Crime for the fame. 
 
 XLVI. PROVIDED always, and it is further Enabled, That for every Out-hwcH siarc 
 Slave killed in Purfuance of this Ad, or put to Death by Law, the Mafter or ^orb"''h°'''^^'*''* 
 Owner of fuch Slave fhall be paid by the Public; and all Tryals of Slaves for Ca- "^ ^' ^ " "^* 
 pital and other Crimes, fhall be in the Manner, and according as herein after is 
 dircded. * 
 
 - XLVII. AND be it further Ena£led, by the Authority aforefaid. That if any Confpiraty of a. 
 Number of Negroes or other Slaves, that is to fay. Three, or more, fhall, at any "v'^ree or more 
 Time hereafttr, confult, advife, or confpire to rebell, or make Infurredion, or Fdony. "^J""'*"* 
 Ihall plot or confpire the Murther of any Perfonor Perfons whatfoever, every fuch 
 confulting, plotting, or confpiring, fhall be adjudged and deemed Felony ; and 
 
 . the Slave or Slaves convidled thereof, in Manner herein after direded, fliall fuffer 
 Death. 
 
 XLVIII. A N D be it further EnaHed, by the Authority aforefaid. That every Manner of tryiug 
 Slave committing fuch Offence, or any other Crime or Mifdemeanor, fhall forth- ^''""' 
 with be committed, by any Juftice of the Peace, to the Common Goal of the 
 County within which the faid Offence fhall be committed, there to be fafely kept; 
 and that the Sheriff of fuch County, upon fuch Commitment, fhall forthwith cer- 
 tify the fame to any Juftice in the Commiffion for the faid Court, for the Time 
 being, refident in the County, who is thereupon required and direded to iffue a 
 Summons for Two or more Juftices of the faid Court, and Four Freeholders, fuch 
 as fhall have Slaves in the faid County ; which faid Three Juftices, and Four Free- 
 holders, Owners of Slaves, arc hereby impowered and required, upon Oath, to 
 try all Manner of Crimes and Offences that ftiall be committed by any Slave or 
 Slaves, at the Court-houfe of the County, and to lake for Evidence, the Confeflion 
 of the Offender, the Oath of one or more credible Witneffes, or fuch Teftimony 
 of Negroes, Mulattoes, or Indians^ bond or free, with pregnant Circumftances, 
 as to them ftiall feem convincing, without the Solemnity of a Jury ; and the Of- 
 fender being then found guilty, to pafs fuch Judgment upon fuch Offender, ac- 
 cording 
 
lyz ^ L A IF S c/* North-Carolina. 
 
 :^'i5.'",74r. cording to their Difcrttion, as the Nature of the Crime or Offence fhall require j 
 v- and on fuch Judgment, to award Execution. 
 
 All >ftice5n,ay ' XLIX. P R F T D E D dlways, and be it Enabled, That it fhall and may be 
 gro'sVyTi. " lawful for each andevtry Juftice, being in the Commiffion of the Peace lor the 
 County where any Slave or Slaves fhall be tried, by Virtue of this Aft, (who is 
 Owner of Slaves,) to fet upon fuch Tryal, and aft as a Member of fuch Court, 
 tho' he or they be not fummoned thereto: Any Thing herein before contained to 
 the contrary, in any-wife, notwithftanding. 
 
 NepoM giving L. A N D to the End fuch Negro, Mulatto, or Indian^ bond or free, not be- 
 faife Teftimony, j^g Chriftians, as (hall hereafter be produced as an Evidence on the Tryal of any 
 Sarsrot cff,"^ Slave or Slaves ior Capital or other Crimes, may be under the greater Obligation 
 to declare the Truth -, Be it further Enr.£fcd, That where any fuch "Negro, Mulatto, 
 Or Indian, bond or free, fhall, upon due Proof made, or pregnant Circumftances, 
 appearing before any County Court within this Government, be found to have 
 given a falfe Teftimony, every fuch Offender fhall, without further Tryal, be 
 ordered, by the faid Court, to have one Ear nailed to the Pillory, and there ftand 
 for the Space of One Hour, and the faid Ear to be cut off, and thereafter the other 
 Ear nailed in like Manner, and cut off, at the Expiration of one other Hour ; and 
 moreover, to order every fuch Offender Thirty Nine Lafhes, well laid on, on his 
 or her bare Back, at the common whipping Poft. 
 
 ishairman ci the LI. A N D he it further EnaBed, by the Authority aforefaid^ That at every fuch 
 Court to cAutu-n Tj-yal of Slaves committing Capital or other Offences, the firft Perfon in Com-. 
 ing Teftimony. miffion fetting on fuch Tryal, fliall, before the Examination of every Negro, Mu- 
 latto, or Indian^ not being a Chriftian, charge fuch to declare the Truth. 
 
 Owner of Slave LIT. P R F I D E t) always, and it is hereby intended.. That the Mafter, Ow- 
 m'l/''Drfence'^ "^i"* csr Overfetr of any Slave, to be arraigned and tryed by Virtue of this Aft, 
 fox him. may appear at the Tryal, and make what juft Defence he can for fuch Slave or 
 
 Slaves ; fo that fuch Defence do not relate to any Formality in the proceeding on 
 
 the Tryal. 
 
 slave conviJVea, Llll. J N D he it further Enacted, by the Authority aforefaid. That when any 
 hiT^nd" JrSy ^^^'^^ ^^^^ beconvifted Capitally by Virtue of this Aft, the Juftices and Freehol- 
 it to the Aflem- dcfs that fhall fit on fuch Tryals, lliall put a Valuation, in Proclamation Money, 
 alay pay for hfm^ "P°" ^^^^ Slavc fo convifted, and certity, under their Hands and Seals, fuch 
 Valuation to the next AffcmbJy •, that the faid Aflcmbly may make fuitable Allow- 
 „ ance thereupon, to the Mafter or Owner of fuch Slave. 
 
 Slave kiiieJ in LIV. A N D he it further Enactcd, by the Authority aforefaid. That if in the 
 fp[ra[S fe?zing dlfpcrfing any unlawful Affcmblies of rebel Slaves or Confpirutors, or feizing the 
 Arms, taking up Arms and Ammunition of fuch as are prohibited by this Aft to keep the fame, 
 crrla^^n'bythe or in apprehending Runaways, or in Correftion by Order of the County Court, 
 Court's Order, any Slave fhall happen to be killed or deftroycd, the Court of the County where 
 the'^PubHc?'^ ^^ fuch Slave fhall be killed, upon Application of the Owner of fuch Slave, and due 
 Proof thei-eof made, fhall'put a Valuation, in Proclamation Money, "pon fuch 
 Slave fo killed, and certify fuch Valuation to the next Seffion of Affembly \ that 
 the faid Affembly may make fuitable Allowance thereupon, to the Mafter or Ow- 
 ner of fuch SlaVe. 
 
 k'n.n' **'sw ^"^" ^ ^^FIBED always, and be it further Enacted, That nothing herein 
 Owner may have contaitted, fhall be conftrued, deemed, or taken, to defeat or bar the Aftion of 
 ^'L /'h " *" ^"^ f^erfon or Perfons, whofe Slave or Slaves fhall happen to be killed by any other 
 gain . em. Pgrfon whofocver, contrary to the Direftions and true Intent and Meaning of this 
 
 Aftt 
 
LAWS ^North-Carolina. 173 
 
 Act •, but tlut all and every Owner or Owners of fuch Slave or Slaves, Ihall and ^' ^- '74i. 
 
 may bring his, her, or their Adion, for Recovery of Damages for fuch Slave or '^ "v i 
 
 Slaves fo killed. 
 
 LVI. AND he it further Enacted^ by the Authority aforefaid^ That no Negro 8h«es not tobs 
 or Mulatto Slaves fliall be fct free, upon any Pretence whatfoever, exceot forme- J"' f'«.."f=pt 
 ntorious Services, to be adjudgea and allowed of by the County Court, and Li- Scrvi«.. 
 cence thereupon firft had and obtained : And that where any Slave fhall be fct 
 free by his or her Mafter or Owner, otherwife than is herein before direfted, it Ihall 
 and may be lawiiil for the Churchwardens of the Parifh wherein fuch Negro, Mu- 
 latto, or Indian^ lliall be found, at the Expiration of Six Months, next after his 
 or her being fet free, and they are hereby authorized and required, to take up and 
 fell the faid Negro, Mulatto, or Indian, as a Slave, at the next Court to be held 
 for the faid County, at Public Vendue i and the Monies arifing by fuch Sale* fliall 
 be applied to the \Mt of the Parifh, by the Veilry thereof: And if any Negro, skre, f<t free it 
 Mulatto, or Indian Slave, fet free otherwife than is herein direded^ fliali depart £ir« rcttm 
 this Province, within Six Months next after his or her Freedom, and fliall after- \^\nT^^^l, 
 wards return into this Government, it fliall and may be lawful for the Church- '"^ "^ ^''^'*' 
 wardens of the Parilli where fuch Negro or Mulatto fliall be found, at the Expira- 
 tion of one 'Month, next after his or her Return into this Government, to take up 
 fuch Negro or Mulatto, and fell him or them, as Slaves, at the next Court to'be 
 held for the County, at Public Vendue ; and the Monies arifing thereby, to be 
 applied, by the Vel^ry, to the Ufe of the Parifli, as aforefaid. 
 
 LVIL AND be it further Ena^ed, by the Authority aforefaid^ That until this This a« to ta 
 Aa fliall be printed, it fliall be publickly read. Yearly, and every Year, Two [witd^^r* 
 feveral Times in the Year, in every County within this Government, by the Clerk 
 of each County, in open Court; that is to fiy, at the Courts in or next to the 
 Months of April, and September ; under the Penalty of Twenty Shillings, Procla- 
 mation Money, for every fuch Omiflion and Negleft ; to be levied by°a Warrant 
 from any Jufl:ice of iht Peace, and applied to the Ufe of the Parifli where the Of- 
 fence fliall be committed: And the Churchwardens of every Parifli are hereby re- 
 quired to provide a Copy of this Ad, at the Charge of the Parifli. 
 
 LViri. AND he it further Enacted, by the Authority aforefaid, Tha^all and Rcp«iinBCia«fe. 
 every other Ad and Ads, and every Claufe and Article thereof heretofore made, 
 fo far as relate to Servants and Slaves, or to any other Matter or Thing whatfo- 
 ever, within the Purview of this Ad, is and are hereby repealed and made void, 
 to all Intents and Puipoies, as if the fame had never been made. 
 
 S I G N E D by 
 
 Gabriel Johnston, Efq; Governor. 
 
 William Smith, Prelidcnt, 
 
 John Hodgson, Spcakcn 
 
 X X Anno 
 
L A JV S o/' North- Carolina. 
 
 Anno Regni 
 
 G E O R G 1 1 IL 
 
 Regis, Magn^e Britannia, Franci^ey & 
 Hiberni^, Decimo Quinto. 
 
 At a General ASSEMBLY, held at PFilmlnHony in the g * « 
 lear oi q\ 
 Forty One. 
 
 Year of our Lord One Thoufand Seven Hundred and feG^vcrR*. 
 
 CHAP. I. 
 
 An A5f, for ereBing the upper Tart of Bertie County into a County, by the 
 Name of Northampton County j and for regulating the Limits between 
 Society PariJJo^ and the Northweft Parijh of Bertie j and for remov- 
 ing the Seat of Bertie County Court. 
 
 TT 7 H E R E AS the County o^ Bertie is Very cntenfive, arid its Inhabi- P««mble, 
 
 tants more numerous than any County in this Province ; which renders 
 the PubHc Bufinefs of the faid County very difficult to be tranfadcd : For Reme- 
 dy whereof, 
 
 II. WE pray that it may be Enafted, And bs it Ena^ed^ by his Excellency Ga- ^orthampi,^ ^ 
 briel Johnfton, Efq; Governor, by and with the Advice and Confent of his Majejifs '^''"''^ "*'^'^' 
 Council, and General Affembly of this Province, and it is hereby Enacted, by the 
 Authority of the fame. That that Part of Beriie County which lieth North and 
 
 JVefi of Sandy Run, and in a direft Line from the Head of the faid Run, to the 
 Head of the Beaver-Dam Swamp, and down the faid Swamp and Meherrin Creek 
 and River, be, and is hereby erefted into a County, by the Name of Northamp- 
 ton County •, and that the faid Bounds Ihal], henceforward, be the Limits between 
 Society PariHi, and the Northweft Parilh of Bertie. 
 
 III. AND It it further EnaEted, by the Authority aforefaid^ That from and m^eftcd ,.iti, ail 
 after the paffing of this Acl, the faid County of iVi7r/^^;;j/'/(7« fhall be invefted P"w=". 
 V/ith as full and ample Powers, Privileges, Advantages, and Immunities, as any 
 
 Other County in this Province ; faving only, ^at the faid County Ihall fend to all 
 
 Affem- 
 
176 LAWS ofNoRTH-CAROLINA. 
 
 ^. D. 1741 ABen>blies, after the Diffolution of this prefent ilffembly. Two Reprefentatives, 
 """V and no more. 
 
 »»rf;> County to IV. A N D. he it fuTther EnaSfed^ by the Juthority afcrefaidy Th^t Bertie Coua- 
 utitel'^'^''' "'" ty fiiall, in all future General Affemblics which fhall be held after the Diffolution 
 
 of the prelent Afferably, choofe, arld^ fend to the General Affembly, Three Rc- 
 
 prefentativcs, and no more. 
 
 PreffntUepref.-n . V. AND be it fuYtkeY EnaElcd^ by the Authority af ore/aid. That the prefent 
 t"cOTtinn.,'^u" Reprefentatives who have been fent by 5^r//> County, fhall, for and during the 
 ring this Affem. Continuance of this prefent General Affembly, fit and vote as the Reprefentatives 
 of Bertie and Northampton Counties. 
 
 Co«m wher. yj^ AND be it further Enactedy by the Authority aforefnid. That the Court of 
 the (aid Covnty of Northantpton fnall be holden on the tourthlu^Jdays of the 
 Months of November^ ■ February^ May, and yfjii^?//. Annually : Which fiid Court, 
 at their firft Term or Seffiohi ihall recommend to his Excellency the Governor, 
 proper Perfons to execute the refpedive Offices of Clerk and Shenff of the faid 
 County, according to Law. 
 
 Court t" ere« » VTI. A N D be it further Enactsd., by the Authority afore faid. That the faid 
 
 Couit-hcufe,&c. Court fhall, at the Charge of the faid County, in their firlVor fee ond Term or 
 
 Seiiion, make Orders and Rules, agreable to the Laws of this Province, tor ercd- 
 
 ing a fufficient Court-hnufe, Frifon, and Stocks, near the upper Pottakafey Bridges, 
 
 as the faid Court fhall feem necellary. • 
 
 «ra" oZl.^ ^^^^' ^^D ^^ ^^ further Enacted^ by the Authority afcrefaid. That the Court 
 houfe, &c. of Bertie County fliall, at the Charge of their County, on the firft or ftcond Term 
 or Seffion, next after the pafling this Adt, make Orders and Rules for ereding a 
 fufficient Court-houfe, Frifon, and Stocks, at fuch Place as to them fhall fcem 
 mofl convenient ; and the Levy lately laid by the Court of Btrtu, for building a 
 Goal, Ihall be appropriated tor the Uies aforcfaid, in the C ounty in which the 
 EacVi Cronty to Tithablcs are refident \ -and the County of Northampton fhall pay a F'roportion of 
 xe«! County Taxes with Bertie, to be laid to difcharge all Arrears whifti the faid C cunty 
 of Bertie is now in, for building their feveral Warehoufts, and paying the Wages 
 of their feveral Infpedors, and of runing the uid Line : And that the Ltvy on the 
 Northwffi Parifh of Berticy already kid, Ihall be paid and accounted for to tiieir 
 Veflry. 
 
 proceediags of IX. P RO F I D E D alwflySy That nothing in this Ad fhall be conflrucd, to 
 fr/jUdf''"" '* extend to alter or vacate any Judgment or Judgments already had or obtamed, or 
 any Suit already commenced in the Court of Bertie County ; but that the faid Court 
 may proceed, as ufual, to Judgment, and Execution thereon. 
 
 CHAP. n. 
 
 ^fru zll i?4*: -^« ^^> to ejtahlipi Ports, or Places of Delivery of Merchandizes mfortei 
 "^-' '' ' in, and exported out of this Province ; and to prevent the clandelU?ie rim- 
 nin^ of uncvjlomed and prohibited Goods, in the feveral Ports the reef, 
 
 SIGNED by 
 
 Gabriel Johnston, Efq; Governor. 
 
 Nathaniel Rice, Prefidento 
 
 John Hodgson, Speaker, 
 
 Anno 
 
 bear 
 portie 
 
 Chap, 4, 
 
LAWS ^North-Carolina. 
 
 ^77 
 
 A. D. 1743. 
 
 
 
 Anno Regni 
 
 G E O R G 1 1 IL 
 
 Regis, Magn^e Britannia, Franci^y & 
 Hihernide, Decimo Septirao. 
 
 At a General ASSEMBLY, held ^tEdenton, the Se- ^,V,U'„^^ 
 cond Day of AfriU in the Year of our Lord One Thou-» ^^15 <^°^""'^' 
 fand Seven Hundred and Forty Three. 
 
 CHAP. I. 
 
 An A5i^ to regulate EkBions for Members to ferve in General AJfembly 
 for the feverdl Counties^ to declare who Jhall be qualified to -vote in the 
 faid EleBionSy or be eleSfed a Member of the General AJfembly for any 
 of the faid Counties^ and to diredl the Method to be obferved in taking 
 the Poll at the fever al EleBions in the Counties and Towns in this Pro- 
 
 vince, 
 
 \. 
 
 BE it Enabled, by his Excellency Gabriel Johnfton, Efq; Governor, by and !^'""^' p, 
 with the Advice and Confent of his Majefty's Council^ and General AJfembly Eieftions. 
 
 t»k- 
 
 PoU «t 
 
 ~tf/ tbis Provifue, and it is hereby Ena^ed, by the Authority of the fame. That 
 from and after the Ratification of this A£t, the Sherifs of the feveral and refptc- 
 tive Counties in this Province, fhall, at all Eleftions hereafter to be made in their 
 feveral and refpedtive Counties, for Members to fit in General AfTcmbly, take the 
 Votes of the Freeholders, qualified to vote, in Manner following; that is to fay. 
 Each and every Sheriff of the feveral Counties fliall, at the Day appointed for choof- 
 ing Members of Affembly, come to the Place by Law appointed for holding fuch 
 Election in his County, provided with a fmall Box, with a Lid or Cover, having 
 a Hole in it, not exceeding Half an Inch in Diameter •, which faid Cover fhall be 
 fealed and fecured on the Box, in the Prefence of the Infpedors chofen, as in this 
 Ad is hereafter directed, to fee the Poll fairly and impartially taken; which being 
 done, the Sheriff fhall, at or before Ten of the Clock in the Forenoon, open the 
 Poll, by making Proclamation Three Times, for fuch Perfons as are qualified to 
 votC) to come and give in their Votes, by Ballot; and after the Poll is fo opened, 
 
 Y y the 
 
178 LAWS of North-Carolina. 
 
 A. D. 1743. the Sheriff fhali attend the lame, and keep the Poll open til One of the Clock ire 
 '''^"'"v"""^- the Afternoon, at which Time it fnall be lawful for him to adjourn the Poll co 
 Half an Hour after Two of the Clock, the Hole in the Box being firft fealed, in 
 Prcfence of the Sheriff, Infpeftors, and fuch Candidates as will attend to fee the 
 fame ; and then fhall again open the Poll, as at firit, and keep the fame open, and 
 attend the taking the Votes, as aforefaid, until Sun-fct, and no longer, without 
 it (liali be agreed by all the Candidates to have it clofed fooner. 
 
 Fre»b.oiders how n. AN D hc it further Enafied^ by the Authority aforefaid^ That every Pef- 
 Vut^'s? ' fon qualified to vote, fhall give to the Sheriff, in Prefence of the Infpedlors, a Scroll 
 of Paper, rolled up, with the Name or Names of the Per fon or Perfons he votes 
 for, written therein •, which Scroll fhall be immediately, by the Sheriff, put into 
 the Box, in the Prc^nce of the Infpc6lors, and at the fame Time the Sheriff, and 
 alfo each of the Infpei5lors, fhall take a'Lift, in Writing, of the Perfon's Name 
 Poll how to be fo voting : And when every Perfon attending at the Place of Eledion, fhall have 
 '''°^"'" voted, as before mentioned, or that the Sun fhall be fet, the Sheriff fhall conclude 
 
 the Poll, and, in the Prefencc of the Infpedtors, and fuch of the Candidates as 
 will attend, open the Box, and take out the Scrolls, One by One, and read the 
 Name or Names of the Candidate or Candidates written in each Scroll, and an ex- 
 ad Account fhall be taken, by each Infpedlor, from the faid Scrolls, of the Num- 
 ber of Votes for each Candidate; and if there fhall be Two Scrolls rolled together 
 and put into the Box in the Room or Place of one, or if any Scroll contains the 
 Names of more Candidates than fhall be lawful for the County to choofe, fuch 
 shcriflT to return ScroU Or ScroUs fliall bc cafl away, as ufekfs and void : And when the Votes have 
 the Candidates j^ ^jj ^^^^ ^^jj. ^j^^ examined, as aforefaid, whatfoever Candidate or Candidates 
 
 hiving molt n -^ » 1 • rr* 
 
 Votes. ihall appear to have moft Votes, the Sheriff or Under-Sheriff fhall return him or 
 
 them Burgefs or Burgeffes s or if Two or more Candidates fhall have an equal 
 Number of Votes, the Sheriff or Under-Sheriff, being a Freeholder, fhall and may 
 return which of them he thinks fit j in which Cafe only, the faid Sheriff, or Un- 
 der-Sheriff, is allowed to vote. 
 
 injpeftors to \^t ^' A N D bs it further Ena^ed, by the Authority aforefaid^ That the Tnfpedors 
 
 Dominated !iy the aforcfaid fhall be nominated and appointed by the Candidates \ but in Cafe of the 
 
 Candidates, or -^^^i^Q. ^j. Rgfufal of the Candidates, the Sheriff", or Under-Sheriff of the County, 
 
 Freeholder to fhall nominate and appoint the faid I nfpeftors : And every Freeholder, before he 
 
 take an Onh. jg admitted to Poll, or give in his Vote, as aforefaid, at any fuch Election, if it 
 
 be required by the Candidates, or any of them, or any other Freeholder in their 
 
 Behalf, fhall take the following Oath \ (which Oath the Sheriff or Under-Sheriff 
 
 is hereby impowered and diredted to adminifter,) to xvity 
 
 Oath, "XT U fhall fwear^ That you have been foffeffed of a Freehold, of Fifty Acres of 
 
 j[ Landt for Three Months pafi, in your own Right, in the County of 
 and have been Six Months an. Inhabitant of this Province ; and that you have net 
 given in your Vote before in this Ek£lion. 
 
 So help you God. 
 
 Who to be 
 
 ae- 
 
 IV. AND for the Prevention of.Difputes which may hereafter arife in Eleftion 
 hXt ^'"' of Burgeffes, concerning who fhall be underllood to be a Freeholder ; Be it Enacted^ 
 hy the Authority aforefaid. That every Perfon who hath an Eftate, Real, for his 
 own Life, or the Life of another, or any Eftate of greater Dignity, of a fufHcienC 
 Number of Acres, in the County which by this Law enables him to vote, or be 
 a Candidate for fuch County, fhall be accounted a Freeholder, within the Meaning 
 of this Ad. 
 
 Ni Perfon to V. AND be it further EnaBed, by the Authority afrefaid. That no Perfon here- 
 tote, anicfs he ^f^^^^ ^j^^jj j^^ admitted to give hi* Vote in any Eledion of Burgeffes, in any 
 
 County 
 
L A IV S c/^ North -Carolina. lyg 
 
 A. D. 1743. 
 
 ^ ^ f 
 
 halh been an In- 
 
 County within this Province, unleis he hath been an Inhabitant of this Province 
 Six Months, and hath been poireffed of a Freehold, within the Meaning of this 
 h.i\ of Fifty Acres of Land, at leaft Three Months before he offers to give his h3b"ta"ni 6 Men 
 Vote, and is alfo of the full Age of Twenty One Years : And that hereafter no ^^ i^^ff tf"^ 
 Perlbn (hall be deemed qualified or admitted to fit and vote in the General Affem- L^nd 3 Months 
 bly, unlefs he hath been One full Year an Inhabitant of this Province, and pofifef- ^fYe3„o"fAg".^ 
 fed of a Freehold, within the Meaning of this A61, of at leall One Hundred Acres No PerA-n to be 
 of Land, in the County where he Ihall be elcded or choftn, and is alfo of the full ^'S/^'SfS 
 Age of Twenty One Years, at the Time he is chofen. herein mention - 
 
 VI. AND be it further EnaSfed^ by the Authority aforefaid. That after the Pub- ah ^Freeholders 
 lication of Writs, and Ti«^ and Place for Eledion of Burgefies, as aforefaid, every vote.'^^"'' 
 Freeholder, within the Intent and Meaning of this Ad, within the County where 
 
 the Eleftion is to be made, refpeclively, may appear accordingly, and give his 
 Vote, by Ballot, at fuch Eledion : And if any Perfon Ihall give his Vote at any ^„^,7jg^''„:;'^^:f! 
 Eledion.who is not a Freeholder, within the Meaning ot this A»5t, or fhall vote holders, or th^fe 
 twice at the fame Eleftion, fuch Perfon ftiall forteit and pay the Sum of Five ^''^^ ^^^^ '*"*=■ 
 Pounds, Proclamation Money, to him or them that will inform or fue for the 
 fame ;, to be recovered, with Cofts of Suit, in any Court of Record in this Province, 
 by BiU, Plaint, or Information, or A6tion of Debt, wherein no Eiibign, Protec- 
 tion, Privilege, or Injundion, liiall be allowed or. 
 
 VII. A N B be it further EnaSfed, by the Authority aforsfaid^ That where any J"-^p™£;*J; 
 Suit fliall be brought againil: any Perfon for voting, not being a Freeholder, the lie on the De* 
 Onus Probandi fhall lie on the Defendant. *"'"'''"'• 
 
 VIII. A N D be it further Enacted, by the Authority aforefaid. That no Perfon Candid.itesnott(j 
 or Perfons, hereafter to be eleded to fLrve in the General Allembiy for any County fo^'volelir'"^! 
 or Town within this Province, after the Teft, orifiuing or ordering of the Writ ^y^^^^^'^l 
 or Writs of Election, fl:iall or do, by himfelf or themfelves, or by any other Ways BurgU! 
 
 or Means, in his or their Behalf, or at his or their Charge, before his or their 
 Eledion to ferve in General AfTembly for any County or Town within this Pro- 
 vince, either directly or indircftly, give, prefent, or allow, to any Perfon or Per- 
 fons having Voice or Vote in fuch Eledion, any Money, Gift, Reward, or Pre- 
 fent, or make any Promife to do the fame, to or for him or themfelves, or for 
 any fuch Perfon or Perfons in. particular, or to any fuch County or Town in Ge- 
 neral, in Order to be eleded to ferve in the General Affembly for any fuch County 
 or Town •, and that all and ever Perfon or Perfons fo offc nding, and being guilty 
 herein, after Proof thereof made to the Houfe, fhall be dif ibled and incapacitated, 
 upon fuch Eledion, to ferve in the General AfTembly for fuch County or Town, 
 during the Continuance of that AfTembly. 
 
 IX. ANT) be it further EnaSfed<, That if at any Time any Candidate, or other candidate defi. 
 Perfon in his Behalf, Ihal! defire a Copy of the Poll, the Sheriff or Lnder-Sheriff, [h?Poii, ^sheriff 
 who Manages the Eledion, as foon as may be, fhall caufe a fair Copy thereof to to deliver it. 
 be mad^, and fhall deliver it, attefled with his own Hand, unto fuch Candidate 
 
 or other Perfon as Ihall require the fame, as aforefaid. 
 
 X. AND be it further Enacted, by the Authority aforefaid. That if the Sheriff ^^'H, ,]^!t^^ 
 of any County, or in his Abfence, the Under-Sheriff, fhall refufe to take the Poll, ortoaa accord' 
 or fhall take it in any other -Manner than is herein direded, or fhall refufe or neg- '^oi^xiZ\ou' 
 left to give a Copy of the Poll, as aforefaid, or fhall not regularly, and in Time, 
 
 , the Writ of Ekftion, or fhall make a falfe Return thereof, every fuch Sheriff 
 
 der-SheriiT, as aforefaid, offending herein, or in any of thefe Cafes refpe(!^ively, 
 
 " I feit and pay the Sum of Fifty Pounds, Proclamation Money -, one Moiety 
 
 Idefty, his Heirs and Succeffors, for and towards defraying the contingent 
 
 Charg«s 
 
i8o 
 
 A. D 
 
 LA W S of North-Carolina. 
 
 '743- Charges of this Government, and the other Moiety thereof to him or them that 
 
 ■■V ' will inform and fue for the fame ; to be recovered, with Cofts, in the General 
 
 Court of this Province, by Aftion of Debt, Bill, Plaint, or Information, in whch 
 no EfToign, Protedion, Injundion, Privilege, or Wager of Law, fliall be allowed. 
 
 XI. ANDheri further Ena5led^ hy the Authority aforefaid. That hereafter, the 
 Eledtion in the feveral Towns in this Province of a Burgefs, to fit in General Af- 
 
 Eleftions for 
 Towns to be in 
 
 of Cu^tiesr"''' fembly, fhall be by Ballot, in the fame Manner as is direded for the feveral Coun- 
 ties in the fame. 
 
 RepeaUhgciaufe. XII. ANB be it further EnaBed, That all and every other Aft and A6ls, and 
 every Claufe and Article thereof, heretofore made, fifiSfar as relate to the Regu- 
 lating Eledtions of Burgeffes for the feveral Counties in this Provine, or the Method 
 of taking the Poll in the feveral Towns thereof, for a Burgefs, to fit and vote in 
 General Affenibly, is and are hereby repealed and made void, to all Intents and 
 Purpofes, as if the fame had never been made. 
 
 Preamble,"' 
 
 Perfons to be 
 fummoued ta 
 five in a Lift of 
 their TithaWei. 
 
 Conftable to jive 
 in a Lift of thiife 
 he hath warned. 
 
 C H A P. IL 
 
 An A5i^ -for obtaining an exaB Lift of Taxabks^ and for the effeSfual 
 colleBing as 'well all Arrears of Taxes, as all other Taxes, for the fu- 
 ture due and payable. 
 
 L'TXTHEREASit appears, by the Lifts of Taxables delivered in by the 
 YY Shcrifs and other Officers, from the feveral and refpedtive Counties of 
 this Province, as well as by many Informations by the faid Officers, and other 
 Inhabitants of this Province, that a full and compleat Lift has never yet been ob- 
 tained, by any Laws now in Force : And whereas the equal Payment of Taxes 
 is of great Confequence : Therefore, 
 
 il. W E pray that it may be Enadled, And be it EnaEled, by his Excellency Ga- 
 briel Johnfton, Eff\ Governor, by and with the Advice and Confent of his Majefiy^s 
 Council, and General Affembly of this Province, and it is hereby Enacted, by the 
 Authority of the fame. That from arid after the paffing of this Aft, the obtain- 
 ing- of fuch Lift Ihall be in the following Manner, any Law, Ufuage, or Cuftom, 
 to the contrary, notwithftanding -, that is to fay. That the Juftices of each County 
 Ihall, at the next Court to be held for their refpeftive Counties after the firft Day 
 of May next, and fo Yearly, ifiue their Warrant, figned by the Chairman, di- 
 refted to the Conftable in each and every Diftrift in the refpeftive Counties, au- 
 thorizing and commanding him to go from Houfe to Houfe, in his Diftrift, and 
 fummon the Mafter or Miftrefs of every Family, or the Overfeer of every Planta- 
 tion, of which there is no Mafter or Miftrefs, within his Diftrift, to appear, and 
 they are hereby required to appear, before the then next Court to be held for the 
 County, or before fome Juftice for that County, preceeding the Time of holding 
 the then next Court, and there to give in, upon Oath, a Lift, in Writing, of all 
 the Taxables in his or her Family, as a Mafter or Miftrefs, or under his Care, as 
 an Overfeer ; and the Conftable fhall likewife give in a Lift, upon Oath, to the 
 faid County Court, of all fuch Perfons fo warned, and the faid Lift ffiall contain 
 all the Mafters and MiftrelTes of Families, and Overfeers of Plantations, within 
 his Diftrift. 
 
 Conftable neg- HI. A N B be it further EnaSfed, by the Authority aforefaid. That cac! 
 l^?n"^r^o^t ftable neglefting to fummon the Mafter, Miftrefs, or Overfeer, as afor 
 t^rn' fuch Lift, ncglcftlng to retum fuch Lift, as is herein before direfted, fliall forfeit 
 
ingtogivs 
 in his Lift, to 
 forfeit 40 s. and 
 20 s. for. every 
 Month's Ncg- 
 
 L A W S o/" North-Carolina. 18.^ 
 
 Forty Shillings, Proclamatioa Money, for each and every Negled j and the ^ ^- ^743^^. 
 Mailers, Miftrefles, or Overleers, being fummoned, and negleding to appear ^^ f'rfX^os 
 and give in a Lift of their Taxables as aforefaid, on or before the laft Day of u.x'ktr, &c. be. 
 Court hereby appointed for that Purpofe, fhall forfeit Forty Shillings, Proclama- i,"!,,^-'"'"""'^* 
 tion Money, over and above Twenty Shillings, like Money, for every Month he ' " - 
 or ihe Ihall be a Delinquent, after the laft Day of the Court, as aforefaid. 
 
 IV. AND he it further EnaHed, That every Juftice to whom any fuch Llil ju^ices to return 
 of Taxables ftiall be given, purfuant to this A6t, fhall return the fame to the '"^^ Lifts to the 
 Clerk, on or before the Time of holding the Court to which the f«d Lifts are of "5 1 
 hereby returnable ; under the Penalty of Five Pounds, Proclamation Money. 
 
 V. AND he it further Enact ed, by the Authority aforefaid^ That all the Pe- beTccoverJd'and 
 nalties of this Aft, the Recovery and Application of which is not otherwife di- apti;.d. 
 reded, fhall be recovered, in any Court of Record, by Aflion of Debt, Bill, 
 
 Plaint, or Information, or by a Warrant before one or Two Juftices of the Peace, 
 according as the fame may be cognizable ; and applied, one Half to the Informer, 
 and the other Half to be paid to the Juftices, for the Ufe of the County where 
 the fame is recovered. 
 
 VI. AND to the End that all Arrears of Taxes may be colleded. Be it En- shcrifs who hath 
 acted^ by the Authority aforefaid^ That every prefent, as well as former Sherifs, "he xaLs^ Vo 
 of each and every County in this Province, who hath not fully collected the feveral lI'e^rifs'Tn Tdot^ 
 and refpeftive Taxes which, by Law, he ought to have collected for feveral Yeai s thereof, oa wn. 
 laft paft, fhall make a true and exact Lift of all the Perfons within his County °^ '*°'' 
 from whom he hath received any Tax, the Number of Tythables, and the Money 
 received, and for what Year particularly," and make Oath, before fome Magiftrate 
 
 of the County, that the faid Lift or Accompt is true and juft, and fhall deliver 
 the fame to the Sheriff then next fucceeding after the Ratification of this Act, on 
 or before the firft Day of July next, under the Penalty of Forty Pounds, Procla- 
 mation Money ; to be recovered, by Action of Debt, Bill, Plaint, or Informa- 
 tion, in the General Court of this Province, wherein no Eifoign, Protection, In- 
 junction*, or Wager of Law, fhall be allowed or admitted of, by the Sheriff to 
 whom fuch Lift is to be delivered \ or in Default of the Sheriff profecuting the ^ff"*'^j"ain''to 
 fame in Two Months after the faid firft Day of July^ by any Perfon who will fue fue for it^n"two 
 for the fame : One Half of fuch Forfeitures to be to fuch Sheriff; or fuch Perfon JJeTpJ/fon may] 
 who fues for the fame, and the other Half to and for the contingent Charges of 
 the County. 
 
 VII. AND he it further Ena5fed, hy the Authority aforefaid^ That the feveral sheriff tocoiieifs 
 
 - Arrears of" - 
 
 till Dec, 1, 
 
 Sherifs, in their feveral Counties, fhall have Power to collect all Arrears of Taxes, Arrears of Taxes 
 
 due for the feveral Years laft paft, from any Perfons v/hofoever, immediately af- 
 ter pafTing of this Act, and until the firft Day of December then next following •, 
 and fliall put up Notice, from Time to Time, at what convenient Place, and wheri 
 they will attend, for fuch Perfons to bring their Taxes then in Arrear and due -, 
 and on P.efufal or Neglect of any Perfon or Perfons to pay the fame, at the Times Perfons negieit- 
 and Places appointed, the faid Sherifs, and every of them, within their refpective r"|- '"to'"mai!e ^' 
 Counties, fhall make Diftrefs, for fuch Levies in Arrear, on fuch Perfon or Per- Diftrefs ; his Fee 
 fons fo refufing or neglecting, at any Time on or before the faid firft Day of De- ^^' ^^' 
 ccmber next ; and for each particular Diftrefs, each Sheriff fhall be feverally allow- 
 ed Two Shillings and Eight Pence, Proclamation Money, to be paid by the Party 
 on whom fuch Diftrefs fhall be made. 
 
 VIII. A N D be it further Enacted^ by the Authority aforefaid^ That each re- sh"ifF to account 
 "^fpeetive Sheriff fliall accompt, on Oath, for fucli Arrears of Taxes as he fhall re- make ^odD^ii 
 ' ceiVfe, with fuch Perfon or Perfons as by the Laws of this Province he ought, on 
 
 Z z or 
 
1 82 LAWS o/^ North-Carolina. 
 
 A. D. 1743. Qj. before the firft Day of" January next, and make good Deficiencies, under tfie 
 ""V ^ Penalty of Fifty Founds, Proclamation Money •, to be recovered, in the General 
 ofjoi.' ^' Court of this Province, by Action of Debt, Bill, Plaint, or Information, by the 
 Treafurer, or other Perfon to whom fuch Sheriff ought to have accounted and paid 
 the fame : One Half to fuch Treafurer, or other Perfon to whom the Money arif- 
 ing by fuch Tax was payable by the laid Sheriff, and the other Plalf to be applied j- 
 by the faid. Treafurer, or other Perfon, to the Ufe fuch Tax was intended, 
 
 sheriff not oMig- IX. A N D be H furthsr Enabled, by the Authority aforefaid^ That no Sheriff 
 sftoV>nr' ''' ^^^1 t>e obliged to account for any Taxes, for the future due and colle6fed by him, 
 with any Perfon or Perfons to whom, by Law, he is accountable, until the firft 
 Day of June, Yearly, and then next immediately following the Time of his At- 
 tendance at the Warehoufes in his County, to receive fuch Taxes % v/hen he Ihall 
 accompt with, and pay to the Perfons he is or fha^ be by Law required, the Taxes 
 due for every Tithable in his County, in Manner aforefaid. 
 
 Sheriff to m;.kc X. A N D for the Encouragement of Sherifs to do their Duty, and to reimburfe 
 rimet hm ''wo "^"^^^^ i^i Cafe they fhall not have fully colleded the feveral Taxes in their refpeftivc 
 Years. Countics by the faid firft Day of June, Yearly, the faid Sherifs refpecfively, in 
 
 their feveral Counties, fhall have Power to make Diflrefs for fuch Taxes as fliall 
 not be paid, in Manner as is herein before directed, from tlie Expiration of the 
 Time of their Attendance at the Warehoufes, for and during, and until the full 
 End and Term of Two Years, then next following, whether their Commifiion, or 
 Appointments as Sheriff, fliall be determined or not, or for a fhorter Time, until 
 they have received the Taxes from each refpe6f:ive Tithable in their Counties -, and 
 the faid Sheriff fhall receive Six per Cent, as well for collefting all Arrears of Tax- 
 es, as all other Taxes, for the future due and payable -, any Law, Ufuage, or 
 Cuflom, to the contrary, notwithftanding, 
 
 No^ .loubie pif- XI. AND be it further EnaEied, by the Authority aforefaid. That for the future, 
 no double Diflrefs fhall be made, for Non-Payment of Taxes j any Law, Ufage, 
 or Cuftom, to the contrary, notwithflanding. 
 
 trcfs to be made. 
 
 Repealing ciaiife. XII. A N D be it alfo further Ena^ed, That every Claufe, Matter, or Thing, 
 contained in any Aft or Afts heretofore made, fo far as relate to any Matter or 
 Thing herein contained, and not by this Adl referred to, fhall be repealed, and 
 made null and void, to all Intents and Purpofes whatfoever. 
 
 CHAP. in. 
 
 An AB, to impower the Jujiices of Beaufort County, to build Two fubjia?i- 
 tial Warehoufes, at the Places hereafter me^itioned, in the faid County, 
 for the Vfe and Conveniency of the Inhabitants faying their 'Taxes and 
 Levies. 
 
 rr«mbk. I. TTT H E R E AS the County of Beaufort being fo large and extenfive,- 
 
 VV tJ'i^t o'^e Warehoufc is not fufficient nor convenient for the faid County 
 to bring their Commodities to, in Difcharge of Levies and Taxes : 
 
 Juft!c« to lay a U' W E therefore pray that it may be Enadcd, And be it Enacted, by his Ex- 
 
 t:vy, far build- cglkncy Gabriel Johnflon, Efq; Governor, by and with the Advice and Confent of 
 
 his Majefifs Council, and General Affembly of this Province^ and it is hereby En' 
 
 a^ed, by the Authority of the famSy That the Juftices ihall, at the Second Court 
 
 to 
 
LAWS ^'North-Carolina., 183 
 
 to be held for the faid County, after the Ratification of this Act, lay a Levy up- ^ ^- '"^j 
 on the Inhabitants of the faid County, not exceeding Six i^ence. Proclamation .^^ 't'^ware- 
 Money, per Tithable, for defraying the building or hiring Two fubllantial Ware- houfcs. 
 houfes, at the feveral Places hereafter mentioned, within the County, for the fafe 
 keeping of all Commodities paid in Difcharge of Levies and Taxes already laid, 
 and hereafter to be laid : And in Cafe the faid Juftices fliall refufe or neglect fo to if they negieft, 
 do, each Juftice fo refufing or neglecting, fliall forfeit and pay the Sum of Five ^° ^°'^'" ^ ^' 
 Pounds, Proclamation Money ; to be recovered, in any Court of Record in this 
 Province, by Action of Debt, Bill, Plaint, or Information, by him or them who 
 will fue for the fame ; to be applied, one Half to fuch Profecutor, and the other 
 Half towards building the faid Warehoufes : One of which Warehoufes fhall be 
 built at Bath-Tcvon^ and the other at the Red Banks. 
 
 III. AND whereas the prefent Warehoufe at Core-Pointy is found to be very J^f'*^'^^'^^, JJJ' 
 inconvenient to the Inhabitants of the faid County ; It is therefore further Enact- ^^ core.Vow^. ^ 
 ed. That the Jufbices of the faid County of Beaufort fhall, and they are hereby 
 impowered, to take, fell, or carry away, all or any Part of the faid Warehoufe, 
 
 and apply the fame to the Ufe of building the -afore-mentioned Warehoufes, at 
 Bath-^own, and the Red Banks. 
 
 IV. ANT) be it further Enacted^ by the Aithority aforefaid,*That the ln{pec- infpeaoK toat. 
 tors already appointed by the Court, or who fhall hereafter be appointed, fhall warehoufes! 
 attend at the faid Warehoufes, and no otlier Places ; and be under the fame Re- 
 ftrictions as is directed by an Act, intituled, An Jet, for granting an Aid to his 
 
 Majefiy., and other Purpofes therein mentioned. 
 
 CHAP. IV. 
 
 An AB, to afcertatn what Attornies Fees Jfjall be faxed and allowed^ in 
 any Suit or ABion^ brought in any of the Courts of Record in this 
 Province. 
 
 I. TTTHEREAS there is no Fee, by Law, allowed to be taxed in any Bill Preamble, 
 
 V V of Colls, fufEcient to compenfate any Attorney for his Trouble, for 
 profecuting or defending any Suit or Caufe, in any of the Courts of this Province : 
 
 IL B E it therefore Enatted, hy his Excellency Gabriel Johnfton, Efq ; Governor^ Attornies Fees. 
 hy and with the Advice and Confent of his Mojcflfs Council., and General Affembly 
 of this Province., and by the Authority of the fame. That from and after the Ratifi- 
 cation of this Aft, the feveral and refpective Attornies Fees herein after mentioned, 
 fhall be taxed and allowed in the Courts following ; that is to fay. In the General 
 Court, on any Aftion brought, or Suit commenced there, or by Petition, Thirty 
 Shillings, Proclamation Money : In the County Courts, on any Action brought, 
 or Suit commenced there, or by Petition, Fifteen Shillings, Proclamation Money. 
 
 III. A N D to the End that fuch Fees be received and paid to whom the fame cierk to infert 
 fhall be due. Be it Enacted^ by the Authority aforefaid. That upon Difmiflion of Jj^ilmof^cofts! 
 any Suit, Verdict for the Plaintiff or Defendant, or that the Plaintiff fhall become 
 Non-Suit, or the Suit otherwife difcontinued, the Clerk of each and every of the 
 faid feveral and refpective Courts, fhall infcrt an Attorney's Fee in the Bill of 
 Cofts taxed in the faid Caufe, and fhall caufe the fame to be levied as other Fees, 
 and paid to the Parties who have a Right to receive the fame, 
 
 ^ IV. PRO' 
 
i84 Z/yf/^.So/'NoRTH-CAROLINA. 
 
 A. D. 174? 
 
 ^-^— V ^ IV. P RO V ID E D always^ That the Fees above mentioned, for Suits com- 
 
 braii'' J!/"on° menced, as aforefaid, in the County Courts, fhall not be allowed or taxed on Ap- 
 Apptais. peals, brought from any Juftice or Juftices, in the faid Courts, on the Law for 
 
 Tryal of fmall and Mean Caufes. 
 
 V. AND be it further EnaSied^ hy the Authority aforefaid^ That if any prac- 
 It a"ng 'their Dul tifing Attomty in any Court of Record in this Province, fhall neglect to perform 
 «y, or commuting j^jg j^yty inany Action in which he fhall be retained, or commit any fraudulent 
 ticcs, liable to Practice, fuch Attorney (hall be liable to an Action on the Cafe, at Common Law, 
 duubie Dimages, j^^ ^^^ General or County Court of this Province, to the Party injured ; and on 
 the Verdict palTmg againfl him. Judgment fhall be given, by the faid Court, for 
 fhe Plaintiff, to recover double Damages, with Cofls of Suit. 
 
 Pxeamok. 
 
 CHAP. V. 
 
 An ABy for providing proper Magazifies of Ammunition in the feveral 
 Counties of this Province, and for defraying the Charge thereof. 
 
 OBS. 
 
 - C H A P. VI. 
 
 An ABy for maMng and clearing a Highway from Edenton, into fhe 
 Road leading over Mr, Plofkins'j Mill-Dam^ towards Pequimons 
 Court-houfe^ and for ereBing Bridges in fuch Road, and alfo another^ 
 Gate at Edenton, 
 
 I. TT 7 H E R E A S for want of a convenient Road from Edenton^ to the faid 
 \y Court-houfe, and the lower Counties, Perfons travelling to and from 
 the fame, are put to great Difficulty : For Remedy whereof. 
 
 Jury toJay nnt a it, W E pray It may be Enaded, And he it Enacted^ hy his Excellency Gabriel 
 fr'^to'^ffii"! Johnfton, Efq; Governor, by and with the Advice and Confent of his Mcjejlfs 
 Mill, Council, and General Affembly of this Province, and it is hereby Enacted, by the 
 
 Authority of the fame. That a Road, leading irom Edenton, to Mr. William Hof- 
 bm's Mill Dam, be laid out, from the fecond Crofs-Strcet above Mr. Gale's, 
 in the mofl convenient Manner that may be, for the Ufe of the Inhabitants below 
 the faid Town, and with as little Injury as may be to any private Perfon's Pro- 
 perty, by a Jury of the following Perfons, upon Oath, viz. fhomas Peirce, Jacob 
 Butler, Jofeph Mmg, Nathaniel M^ng, fVilliam Benbury, John Halfay, John Ben- 
 bury, John Blount, John Fail, John Hull, John Harlow, John Taylor, PFilliam 
 HoJkins, Luke Gregory, William Lewice, William Luten, Orlando Champion, and 
 George Lyfl:, or any Twelve of them ; which Road, when laid out, made, and 
 cleared, fliall and is hereby declared to be a Public Road, and to be maintained 
 by the Company that now work on the Road that leads from the Town Gate, to 
 the aforefaid Mill Dam. 
 
 perfeni injurea IH. J N D he it further Enacted, hy the Authority aforefaid. That if the faid 
 Sk'pSr^""^ Road fhould be carried through the Lands of any Perfon or Perfons, to their Pre- 
 judice or Injury, that then, and in fuch Cafe, it fhall and may be lawful for the 
 aforefaid Jury, to aflefs the Damages done fuch Perfon or Perfons, and an Ac- 
 count 
 
L A W S of N OR T h-Car o L I N A. 185 
 
 -^ ■■ ' - - ■ ■ ■■ ' " ' ' — ■■■-■■ ■ „ 
 
 count of the fame to return to the next fucceeding County Court, which fhall be ^- ^- ''+^- 
 held for the County of Chowan., after fuch Aflellment ; and the Juftices of the faid ^^'^'^"^ 
 County Court are hereby impowered and diredted, to lay a Levy on all the tax- xwrf" "pajing 
 able Perfons in the County aforefaid, fufficient to fatisfy and pay fuch Damao-e or '^"''^ ''^'""^s^- 
 Damages fo aflefled, as alfo for building a Bridge or Bridges, and ereding a Gate 
 on the Line between the faid Town and County : Which Levy the Sheriff" of the sheriff to coiica 
 faid County is hereby diredled and required to colled, agreable to the Dire6tions '5'i.°"d^duaiLg^ 
 of the Juftices of the faid County Court, under the Penalty of Five Pounds, Pro- sp'rCcnt. 
 clamation Money •, and when coUefted, to account, upon Oath, and pay the fame 
 to the aforefaid Juftices, for the Purpofc aforefaid, firft deducting Five ^^r Q«/. 
 for his Trouble, in coUedting the fame. 
 
 IV. AND be it further EnaSled, by the Authority aforefaid. That if any Sur- ^^ '"^ Surpiu!. 
 plus fliall remain, after paying the faid Damages, and defraying the faid Charges l°htr Ss!'' '* 
 of building the faid Bridge or Bridges, and Gate, the fame fhall be applied by the 
 
 Juftices, in the fame Manner as other County Taxes are applied. 
 
 V. AND be it further Enacted, by the Authority aforefaid^ That the Juftices w o-kmen to be 
 aforefaid, are hereby impowered to contract and agree with able and fkilful Work- f™ luUding gJc 
 men, to build a Bridge or Bridges, where ever it may be found necefiary, over ^"^ ^ndges. 
 any Branches or Creeks in the faid Road, as alfo to eredt a Gate on the faid Road, 
 
 on the Line between the Town and County ; and any Perfon or Perfons by them 
 employed, fhall have Liberty to cut down any Timber Trees, on any of the ad- 
 jacent Lands, for the Ufe of building the faid Bridge or Bridges, and for ereding 
 the faid Gate. 
 
 VL AND be it further Enacted, by the Authority aforefaid. That the prefent Old Road ftopb 
 Read, leading from the Town Gate, to Hojkins'% Mill Dam, be, and is hereby 
 ftopt up, and all Perfons are hereby exempt from working on the fame. 
 
 CHAP. VII. 
 
 An A5i, for ereSiing a Court-houfe, Prifon, and Stocks, in Bertie Coun^ 
 ty, and for laying fl Tax upon the Inhabitants of the faid County for 
 defraying the Charge thereof 
 
 I- AXT" H E R E A S great Difputes have arlfen in the County of Bertie, con- Preamble, 
 
 V V cerning the Place whereon the Court-houfe, Prifon, and Stocks, fhould 
 be ereded, in the faid County ; by Reafon whereof, they have not hitherto been 
 built: Therefore, to afcertain the Place whereon the fame fhall be built, and to 
 prevent Delays for the future, 
 
 II. W E pray that it may be Enaded, And be it EnaHed, by his Excellency Ga- Court-houfe.&c. 
 briel Johnfton, £/^; Governor, by and with the Advice and Confent of his Majeftfs ^^"=^°''«'»»i''' 
 Council, and General Affembly of this Province, and it is hereby Enacted, by the 
 Authority of the fame. That the Court-houfe, Prifon, and Stocks, oi Bertie Coun- 
 ty, fhall be built between Cujhy Bridge, and IVills's garter Bridge, in the faid 
 County, and that all Courts ftiall be there held for the faid County, after the-fame 
 fhall be built ; any Law, Cuftom, Ufage, or Order of Court, to the contrary. 
 
 notwithftanding. 
 
 III. AND be it further Enacted, by the Authority aforefaid. That the Juftices M^ 
 of the faid County, or a Majority of them, are hereby impowered and required. 
 
 ices to p«T« 
 :h3fe Land to 
 
 A a a at 
 
1 86 LAWS o/' North-Carolina. 
 
 A. D. 1743. at the next Court that fhall be held for the faid County, after the paffing of this 
 
 * sT ^ Ad:, to purchafe, of the Owner, One Acre of Land, in Fee-Simple, between 
 
 hoilfe,' &c^°on!' the faid Bridges, for the Ufe of the Public, whereon to build the faid Court-houfe, 
 Prifon, and Stocks ; and (hall alfo contract with, or impower other Perfons, as 
 they Ihall think proper, to contract with and employ Workmen, for building and 
 erecting the fame thereon. 
 
 tw hid for the IV. A N D for defraying the Expences thereof, Be it further Enacted, hy the 
 
 ^'"^^* Authority aforefaid^ That the faid Juftices, or a Majority of them, are hereby im- 
 
 powered and required, to lay a Tax on the Inhabitants of the faid County, not 
 
 exceeding Two Shillings and Six Pence, Proclamation Moneys for One Year, per 
 
 Tithabk, for the Purpofes aforefaid* . 
 
 Sheriff tocbiieft V. AND bs it further Ena£}ed, by the Authority aforefaid. That the Sheriff of 
 iejuftiLT.'"" the faid County oi Bertie, fhall, and he is hereby required, to colled the afOrefaid 
 Tax, at the Time, and in the Manner that the Public Taxes are by Law to be 
 colle6led, and pay the fame to the Juftices of the faid Court, to be by them ap- 
 plied to paying the Workmen for building the faid Court-houfe, Prifon, and 
 Stocks ; and alfo, to pay the Confideration Money for the One Acre of Land, 
 herein before direded to be by them, the faid Juftices, purchafed. 
 
 yormerContrafli VI. A N D be it further Enacted, by the Authouty afrefaid. That a\\ and every 
 
 We \?°" nl Contradt or Contrads heretofore made, by Virtue of any Order of the Juftices of 
 
 aoikd. ' the Court of Bertie, concerning the Ereding a Court-houfe, Prifon, and Stocks, 
 
 at or near Stony Creek, is and are hereby annulled and made void ; and all Perfons 
 
 concerned therein, ihall and are hereby difcharged from performing the fame, or 
 
 any Part thereof. 
 
 Materiaiscoiieft- vil. PROVIDED HevertheUfs, That If any Perfon, by Virtue of any Agree- 
 aid paid for!"^'*' mcnt with the faid Juftices heretofore made, hath colleded any Materials, or done 
 any Work towards the building of a Court-houfe, Prifon, and Stocks, at or near 
 Stony Creek, the faid Materials or Work fo done, fhall be valued by Two Free- 
 holders of the faid County, one to be chofen by the faid Juftices, and the other 
 by the Party coUeding fuch Materials, or doing fuch Work ; and the Money 
 fuch Materials or Work fhall be valued at, fhall be paid, out of the Tax to be 
 raifed by Virtue of this Ad. 
 
 Money «irM3y VIIL A N D be it further Ena^ed, by the Authority aforefaid. That in Cafe 
 
 J'ldfhe'juftice'^' any Money has been colleded by the Sheriff of the faid County, from any Perfon 
 
 »iid the Perf rts or Perfons, in Confequence of any Order of Court heretofore made, the fame fhall 
 
 ftr il!''' ^''^'' be paid, by the Sheriff who colleded the fame, to the Juftices of Bertie County 
 
 aforefaid, for and towards defraying the Expence of building the faid Court-houfe, 
 
 Prifon, and Stocks •, and any Perfon or Perfons who has already paid any Money 
 
 to the Sheriff, in Confequence of any Order of Court, made as aforefaid, fhall be 
 
 allowed the fame, in Difcount of any Tax he fliall be liable to by Virtue of this 
 
 Ad i any thing herein contained to the contrary, notwithftanding. 
 
 S I G N E D by 
 
 Gabriel Johnston, Efq; Governor. 
 
 Nathaniel Rice, Prefident 
 
 Samuel Swann, Speaker, 
 
 Anno 
 
LAWS of North-Carolina. 
 
 187 
 
 
 A. D. 1745. 
 
 Anno Regni 
 
 G E O R G I I IL 
 
 Regis, Magn^e Britanni(e, Francis, &: 
 Hibernia, Decimo Nono. 
 
 At a General ASSEMBLY, held at Nefwhern^ the gabri.c 
 Twentieth Day of ^/vV, in the Yoar of our Lord One e^is G«v«noJ, 
 Thoufand Seven Hundred and Forty Five. 
 
 CHAP. L 
 
 An ASfi for laying a tax for fmking the now current Bilk of Credit, 
 
 Rep. by Aft. 
 
 April 6, 174S. 
 Chap, 10, 
 
 CHAP. II. 
 
 An additional A6i to an AB^ intituled. An Ad, for appointing Sherifs 
 in the Room of Marflials of this Province, for prefcribing the Me- 
 thod of appointing them, and limiting the Time of their Continu- 
 ance in Office, and directing their Duty therein j and for abohfhing 
 the Office of Provoft-Marfhal of this Province j and for altering the 
 Names of the Precinds into Counties. 
 
 TT THERE AS the Sherifs appointed and cornmiflionated, are, by the P"-"inH« 
 
 1. _, 
 
 fdid A(5V, impowered to continue in their Office but Two Years, and 
 the County Courts were thereby direded, at the firft Court that fhould be held in 
 each and every County, next after the Ratification of the faid Adl, and fo fuccef- 
 fively at the faid Courts every Two Years, to recommend to the Governor or 
 Commander in Chief for the Time being. Three fuch Perfons, being Juftices in 
 the fame County Court, as they fhould think fit and able, to execute the Office 
 of Sheriff for their refpedive Counties, for the Two then next fucceeding Years ; 
 by Means whereof, it frequently happens in fcveral of the Counties in this Province, 
 
 that 
 
A. D. 1745. 
 
 LA W S of North -Carolina. 
 
 that the Power of the Sherifs expires before the Sitting of the Courts which are to 
 recommend to the Governor other Perfons to be appointed in their Room, where- 
 by the faid Office often becomes vacant, to the great Detriment of the Public : 
 
 pointed Sheriff. 
 
 Who is to aft til 
 another be ap- 
 pointed. 
 
 juftices to re. H, BE U therefore Enacted^ by his Excellency Gabriel Johnfton, Efq\ Governor, 
 commend three ^y and With the AdvicB and Coufent of his Mcijcfij's Council, and General Affembly 
 Governorrone'of of tUs Provincc, and jt is hereby Enabled, by the Authority of the fame. That the 
 which to' be ap- Jijftices of every refpeflive County Ihall, at the County Court next before the 
 Expiration of the Sheriff's Commiffion, or Time of ferving in his Office, recom- 
 mend Three Perfons to the Governor, in Order for his appointing one of them to 
 execute that Office, according to the DireftiOns of the faid recited A6t ; and that 
 each refpedtive Sheriff of every County within this Province, now or hereafter to 
 be commilBonated, fhall hold and enjoy his Office 'til fuch Time as the fucceed- 
 ing Sheriff fliall be duly comgfiiflioned and qualified ; and that all Proctfs fcrved 
 and executed by him during that Time, ffiall be valid in Law, and deemed duly 
 executed : Any Law, Ufage, or Cuftom, to the contrary, notwithftanding. 
 
 iri. AND whereas by the faid A6t, the Courts of the feveral Counties are con- 
 fined to recommend only Perfons who are Juftices, to be appointed Sherifs, and 
 they often chufing to pay their Fines rather than adt iH the faid Office, it is very 
 difficult, in feveral Counties, to get any Perfon fo recommended that will accept 
 the faid Office •, Be it therefore Enacted, That the Juftices of every County, at 
 the Times they arc by Law impowered to recommend Perfons to be appointed 
 Sherifs, Ihall not be obliged to recommend fuch Perfons who are Juftices only in 
 the County, but may recommend any other Perfons refident in their County, (ex- 
 cept the Members of his Majefty's Council, and Members of the General AlTem- 
 bly, during the Time they are fuch,) whom they fhall think well qualified for the 
 faid Office-, and any fuch Perfon fo recommended, may be commifTionated, by 
 the Governor or Commander in Chief for the Time being, to ad as Sheriff of the 
 County for which he is recommended ; any Thing in the faid Aft, or any other 
 A6t, contained to the contrary, notwithftanding. 
 
 What Perfons 
 Juftices may re- 
 commend. 
 
 Sheriff to vvtiat 
 Penalties liable. 
 
 IV. AND be it further Enabled, by the Authority aforefaid. That every Per- 
 fon hereafter nominated or commiflloned Sheriff, by Virtue of this ^ d, Ihall be 
 under the fame Rcftridlions, and liable to the fame Penalties, for refufing to adt 
 in the faid Office, or for any Negled of his Duty therein, as if he had been re- 
 commended and commiffioned according to the Diredlions of the before recited 
 Ad. 
 
 CHAP. III. 
 
 An additional A5i fo an AB, intituled. An Ad, to prevent killing Deer 
 at unfeafonable Times, and for putting a Stop to many Abufes com- 
 mitted by vi^hite Perfons, under Pretence of hunting. 
 
 vreambie, I. T T T H E R E A S by thc before-recited Adir, it is, among other Things," 
 
 VV Enadted, That it fhall not be lawful for any Perfon to kill or' deftroy 
 any Deer, running wild in the Woods or unfenced Grounds in this Government, 
 by Guns, or any othef Ways or Means whatfoevcr, between the Fifteenth Day of 
 February, and the Fifteenth Day of July, Yearly, and in each Year, after the Ra- 
 tification of the faid Adt ; and that any Perfon convidfed of the fame, ffiall for- 
 feit and pay the Sum of Five Pounds, current Money : And whereas it appears, 
 that the allowing Liberty of killing Deer in fenced Grounds and Inclofures at fuch 
 Seafons, has given Room to feveral Perfons to evade the faid Law : 
 
 ' 11. W E 
 
LAWS o/' North -Carolina. 189 
 
 A. D. 174;. 
 
 II. W E therefore pray that it may be Enaded, y^nd be it Enacted^ by his Ex- ^^„l'^J„\^^, 
 telkncy Gabriel Johnfton, Efq ; Governcr, by and with the Advice and Ccnfent of f..ns killing D^er 
 bis Maj^y*s Council^ and General JJfembly of this Province f and it is hereby En- ^^^"'^ ** ^^ 
 a^led^ by the Authority of the fame^ That if any Perfon Ihall be convided of 
 
 kiUing Deer, or having Venifon, or a green Deer-fkin or SkinSj in his Houfe, 
 Camp, or Poflcfljon, between the Fifteenth Day of February , and Fifteenth Day 
 of July, yearly, after the Ratification of this Adl, he Ihall forfeit and pay the Sum 
 of Forty Shillings, Proclamation Money j to be recovered and applied as herein 
 after is directed. 
 
 III. P ROVtDED never thetefsy That nothing in this Ad fhall be conftrued, Provifo. 
 to extend to convid any Perfon or Perfons of the fiid Forfeiture, in whofe Houfe 
 
 any Venifon, green Skin or Skins, (hall be found, which hath been left in fuch 
 Houfe without the Knowledge, Privity, or Confcnt of fuch Perfon, or any of his 
 Family, upon due Proof thereof to be made, by the Perfon therewith charged. 
 
 IV. AND forafmuch as there are great Numbers of idle and diforderly Per- 
 fons, who have no fettled Habitation, nor vifible Method of fupporting therh- 
 felves, by Induftry or honeft Calling, many of whom come in from neighbour- 
 ing Colonies, without proper PafTes, and kill Deer at all Seafons of the Year, and 
 often leave the Carcafles in the Woods, and alfo fleal and deftroy Cattle, and car- 
 ry away Horfes, and commit other Enormities, to the great Prejudice of the In- 
 habitants of this Province -, Be it therefore Enabled, by the Authority aforefaid, Ptrfms mt p-r- 
 That every Perfon who fhall hunt and kill Deer in the King's Waft within this SSalo^J^tt 
 Province, and who is not polTeired of a fettled Habitation in the fame, fliall be o- allowed to' hunt 
 bliged to produce a Certificate, when required, of his having planted and tended Tng a"certifi«t« 
 Five Thoufand Corn-hills, at Five Feet Diftance each Hill, the preceeding Year, "^ ^'^ \i-^^n% 
 or Seafon, in the County where he fhall hunt, under the Hands of at leaft Two corn hiiil!"^ 
 Juftices of the Peace of the faid County,' and the Hand of at leaft one of the Church- 
 wardens of the Parilh where fuch Perfon planted and tended fuch Corn, as aforefaid. 
 
 V. AND be it further Enact ed. That if any fuch Perfon as aforefaid, is found Such Perfon 
 hunting, and does not produce fuch Certificate as aforefaid, when required, he Lr'liot''"p"*du' 
 Ihall forfeit his Gun, and Five Pounds, Proclamation Money, for every fuch Of- ='"e ^'"^ certi- 
 fence j to be recovered and applied as herein after direfted. J. Gun° & V»« 
 
 VI. AND whereas many idle Perfons, who fpend their chief Time in hunting 
 Deer, leave the Carcaffes in the V/oods, by which Means Wolves, Bears, and 
 Other Vermin, are raifed and fupported, which deftroy the Stocks of the inhabi- 
 tants of this Province-, Be it therefore further Ena£fed, by the Authority aforefaid, Perfons not ta 
 That every Perfon who hunts Deer, and leaves the Carcafs or Carcaffes in the i;" Woo",f'iS 
 Woods, undeftroyed, fhall, for every Offence, forfeit and pay Forty Shillings, Pen. of 40 s. 
 Proclamation Money. , 
 
 VII. A N D be it further Ena5fed, by the Authority aforefaid. That all Fines and Fines how to h« 
 Forfeitures mentioned in this Adt, fhall be paid, the One Half to the Informer, ^'"'jl'^j'"** '^ 
 the other Half to the Churchwardens, for the Ufe of the Parifh wherein fuch Of- *^^ " ' 
 fence (hall be comiTiitted ; to be recovered, with Cofts, by a Warrant from any 
 
 Juftice ot the Peace within this Government ; faving to all free Perfons the Right Right of Appt»J» 
 of Appeal to the County Court where fuch Offence is committed : Which faid 
 Court is hereby impowered and directed, in a fummary Way, finally to determine 
 the fame ; wherein no EfToign, Protedion, or Wager of Law, fhall be allowed 
 or admitted of. •" " ' 
 
 B b b CHAP. 
 
190 
 
 LAWS of North-Carolina. 
 
 ji. D. 1745. 
 
 '^ — >^ — ' CHAP. IV. 
 
 jin AB, to repeat an A5i paffed at Wilmington, in the. Tear of our Lord 
 One Thoufand Seven Hundred and Forty One^ intituled^ An Ad, to' 
 cftablifh Ports, or Places -of Delivery of Merchandizes, imported in, 
 and exported out of this Province, and to prevent the clandeftin* 
 funning of unaccuftomed Goods in the feveral Ports thereof, 
 
 P/eamWe. I. TTTHEREASit is found very inconvenient and injurious to Trader* 
 
 Yy and Veflels arriving at the feveral Ports and Places in the faid Ad men- 
 tioned, and there being obliged to unlade and continue, whereby great Damages, 
 Loffes, and Delays have accrued, and much of the Trade of this Province, which 
 heretofore ufed to be carried on by Water, has of late been diverted, and carried 
 on by Land to Virginia : For Remedy whereof, 
 
 Aa repealed. 11. W E pray it may be Enaded, Jnd be it Enacted, by his Excellency Gabriel 
 
 Johnfton, Efq; Governor, by and with the Advice and Confent of his Majefifs 
 Council, and General Ajfembly of this Province, and it is hereby Enacted, by the 
 Authority of the fame. That the faid Ad be, and is hereby repealed, to all In- 
 tents and Purpofes, as if tlie fame had never been made. 
 
 ^ot to extend t(j III, PROVIDED never thelefs, That nothing in this Ad fhall be deemed or 
 «mmenc8d'r"'^ taken, to extend to any Law-Suit already commenced and depending, upon the 
 Breach of the faid Law. 
 
 CHAP. V. 
 
 An ASf, for tmpoiioerlng the feveral Commijioners herein after named, t9 
 
 make, mend, and repair all Roads, Bridges, CutSj and Water-Courfes, 
 
 already laid out, or hereafter to be laid out^ in the feveral Counties and 
 
 DtJlriBs herein after appointed, in fuch Manner as they judge moji ufe* 
 
 ful to the Public. 
 
 Commiffioners "^ !• T T 7* E pray that it may be Enaded, And be it Enabled, by his Excellency 
 
 Kr'cm'tie! W Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent 
 
 spp.intcd. of his Maje^-'s Council, and General Ajfembly of this Province, and it is hereby 
 
 For Nnu.Hano- Enaded, by the Authority of the fame. That the County of New- Hanover be di- 
 
 *#r Count;.. ^jj^g^ .j^^^ ^j^^ p.^^ following Diftrids ; and that the Hon. Roger Moor, Efq-, the 
 
 Honourable William Forbes, Ffq-, Mr. George Moor, Mr, William Dry, and Mr. 
 
 John Daniel, be CommiiTioners of the Roads for the Soutlnvefi Diftrid of the faid 
 
 County; bounded on the North, by Old Town Creek, to the Head thereof-, from 
 
 thence, by a Line to Wagamaw Lake ; from thence, down the Wagamaw River, 
 
 to the Boundary Line, including all the Inhabitants on the Neck between the afore- 
 
 faid Boundary, the Sea, and Cape-Fear River ; and likewife the Inhabitants on the 
 
 Weft Side of the faid River : And that the Honourable Matthew Rowan, Efq-, 
 
 Mr. John Davis, Mr. William Waters, and Mr. John Mufgrove, be CommiflTion- 
 
 crs of the Roads for the Northwefi Diftrid of the faid County ; bounded to the 
 
 Eafl, by the Northwefi River, and to the South, by 'town Creek, including the 
 
 great If! and commonly called Eagles, or Buzard Ifland : And that the Honour- 
 
 able Robert Halton, Efq-, Mr. William Paris, Mr. "Thomas Clark, Mr. Robert 
 
 Walker, and Mr. John Butherford, lie Commiflioners of the Road* for the EaJ^ 
 
 Diftrid; 
 
LAWS of North-Carolina. 191 
 
 Diftrift of the faid County, lying between Cape-Fear River, and the Sea; bound- /^^" '^'^^J 
 ed on the Eaji, by Onflow County, to the Souths by the Sea, to the Weft^^ by "^ • 
 Cape-Fear River, and Smithes Creek, along the Road to Beafley Swamp : And 
 that Mr. 'Thomas Jones^ Mr. Jo[eph Blake, Mr. Charles Harrifon, Mr. Alexander 
 MacCtilkw, and Mr. Alexander Linington, be Commiffioners of the Roads for the 
 Eafl: Side of Jie £1^7? Diftrift of the faid County ; bounded to the Scutb, by Smithes 
 Creek, to the Weft, by the Ncrtheaft River, up to the Head of the fame, to the 
 Eaft, by Henry Bipop's, below, and Onflow County above : And That Mr. Ed- 
 ward Hyrnei Mr. John Swann, Mr. Jeremiah Vail, Mr. John Afloe, and Mr. James 
 Poiavente^ be Commiflloners of the Roads for the Northeaft Branch of Cape-Fear 
 River, as far up as Burgaw Creek, and fo over to Black River, and the North- 
 Weft River, including the whole Neck between the faid Rivers : And that Mr. 
 Jonathan Evans, Mr. 'Timothy Bloodworth, Mr. Evan Jones, Mr. William McRee, 
 Sen. and Mr. John Cook, Jun. be Commiffioners of the Roads for the Weft Side 
 bf the Northeaft Branch of Cape-Fear River, from Burgaw Creek, up to the Head 
 tof the faid River, and including the Branches of Rock-fiflj Creek, 
 
 II. AND he it further Enacted, hy the Authority aforefaid. That Onflow Coun- For o«/7sw 
 ty be divided into the Four following Diftrifts -, and that Nathaniel Everret, Mr. ^"""^y- 
 John King, Mr. Theophilus Williams, Mr. Hope Dexter, and Mr. Zachariah Fields, 
 
 be Commiflioners of the Roads for the Southweft Diftri6t of the faid County j 
 bounded by the Southwft Branch of New River, down to the Mouth thereof, and 
 to the Bounds of New-Hanover County : And that Samuel Johnfton, Efqj Mr. 
 John Howard, Mr. Richard Farr, Mr. William Willams, and Mr. Thomas Jenkins^ 
 be Commiflioners for the Northweft Diftrift of the faid County ; bounded by the 
 Southweft Branch of New River, including all the Northweft Branch, bounded by 
 the Northeaft Branch of the faid River : And that Mr. James Foiles, Mr. Edward 
 Ward, Mr. William Shewbridge, Mr. Richard Whithurft, and Mr. Jonathan Melton, 
 be Commiflioners of the Roads for the Northeaft Diftridl, from the Northeaft 
 Branch of New River, down the River, and along the Sound to Bear Creek : And 
 that Mr. John Star key, Mr. Stephen Lee, Mr. Abraham Mttehall, Mr. John Dudley ^ 
 and Mr. John Spooner, be Commiflioners of White-Oak Diltrift, from Bear Creek, 
 and Rocky-Run^ to White-Oak River, including all to the Bounds of Carteret 
 County. 
 
 III. AND be it further Enabled, hy the Authority aforefaid. That Bladen Cown- F»r Biadin 
 ty be divided into the feveral following Diftridts j and that Mr. Jofe-ph Clark, Mr. °""''' 
 Henry Simmons, Mr. James Carver, Mr. James Grange, Mr. Ralph Miller, Mr. 
 Thomas Brown, and Mr. Thomas White, be Commiflioners of the Roads for the 
 
 firfl Diflirid:, bounded from Livington^s Creek, to Brown's Creek, on the South- 
 iveft Side of the Northweft River : And that Mr. William Bartram, Mr. Thomas 
 Rufs, and Mr, Edward Jones, be Commiflioners of the Roads for the fecond Dif- 
 trid, from Edward Jones's Mill Creek, down the Neck to Malfby'% Point : And 
 that Mr. Benjeman Fitzrandolph, Mr. William Cain, Mr. James Lyon^ Mr. Tho- 
 mas Robinfon, Mr. Mofes PWmer, and Mr. Nathaniel Piatt, be Commiflioners of 
 the Roads from Brown's Creek, on the Southweft Side of the Northweft River, to 
 Bartram' s Feny: And that Mr. Griffith Jones, Mr. John White, and Mr. Ed- 
 ward Harrifon, be CommifTioners of the Roads on the Northeaft Side of the North- 
 weft River, from Edward Jones's Mill Creek, to Bartram' s Ferry : And that Mr. 
 Daniel MacNeal, Mr. Michael Blocker, Mr. Jonathan Evans, Mr. Thomas Jcnes, 
 and Mr. Richard Richardfon, be Commiflioners of the Roads from Bartram' s Fer- 
 ry, taking in each Side of the River, up to the Head thereof : And that Mr. John 
 Green, Mr. John Handcork, Mr. William Norton, Mr. James Baldwin, and Mr. 
 James Wdfto, be Commiflioners of the Roads for the Marfto Diftrid: : And that 
 Captain John Clark, Mr. Samuel Goodman, Mr. John Hamer, Mr. John Elleby, 
 and Mr. John Mackey, Sen, be Commiflioners of the Roads for the Pee Dee 
 Diftridl, IV. AND 
 
lg2 
 
 L A JV S of North-Caroli 
 
 N A. 
 
 A. D. 1745. 
 V» — „^..~— 
 
 For Carttrit 
 
 
 for Beaufort 
 
 IV. AND be it further Ena£ied, by ths Authority aforefaid^ That Carteret Coun- 
 ty be divided into the following Didridts j and that Mr. Thomas Lovicky Mr. Ar- 
 thur Mobfon^ and Mr. William Burden^ be Commiflioners of the Roads for the 
 Northeaji Part of Newport River, in Carteret County, begining at the Mouth of 
 the faid River, and runing up Coar Creek, to Craven County, and the Head of 
 Newport River : And that Mr. Carey Codey^ Mr. John Gillet, and Mr, David 
 Shepherdy be Commiffioners of the Roads on the South Side of Newport River, 
 along the Sound to the Bounds of Craven and Onjlow Counties, by the Head of 
 White-Oak River: And that Mr. John Clitherelt, Mr. Stephen Ford^ and Mr. 
 Henry Stanten^ be Commiflioners of the Roads from Beaufort Town, to Coar 
 Creek Bridge : And that Mr. John Simpfon^ Mr. Richard V/ard^ and Mr. Samuel 
 Chadicky be Commiflioners of the Roads from the Court-houfe of the faid County, 
 over North River, and fo to the extream Part of the faid County Erflwardly. 
 
 V. AND be it further Enacted^ by the Authority aforefaid. That Craven County 
 be divided into the following Diftrids ; and that Mr. Francis Dawfon^ Mr. 'Thw 
 mas Perfon^ and Mr. Lewis Bryan^ Sen. be Commiflioners of the Roads from the 
 Mouth of Neus River, on the North Side, to Swift's, Creek : And that Mr. JVil- 
 liam Charlton^ Mf. Lionel Lee^ and Mr. William Peters^ be Commiflioners of the 
 Roads from Swifih Creek, to Contentnee, on the lower Side of the main Creek : 
 And that Mr. Thomas McClendon, Mr. Francis Stringer, and Mr. John Harring^ 
 Jun. be Commiflioners of the Roads from the upper Side of Great Contentnee 
 Creek, to the Bounds of the County : And that Mr. John Loveld, Mr. Jofepb 
 Slocomb, Mr. John Sneall, and Mr. Francis Always, be Coriimiflloners of the 
 Roads from the Mouth of Neus River, on the South Side, to Mill Creek : And 
 that Mr. Robert Howard, Mr. John Hillyard, and Mr. Abraham Buffet, be Com- 
 miflioners of the Roads from Mill Creek, to the upper Part of the County : And 
 that Mr. Richard Lovett, Mr. Adam Moore, Mr. Chrijlian EJler, Mr. George 
 McCarty, and Mr. Jacob Sheets, be CommifTioners of the Roads from the Town 
 of Newbern, to the Head of Trent River, along the North Side of the faid River : 
 And that Mr. Richard Nixfon, Mr. John Fonveille, and Mr. Cornelius Loften^ 
 be Commiflioners of the Roads from Newbern, to the Southwijl Creek, on the 
 South Side of Neus River : And that Mr. Mark Phillips, Mr. John Smith, and 
 Mr. John Slocomb, be Commiflioners from Southwefi Creek, to the upper Line 
 of the County. 
 
 VI. AND be it further Enacted, by the Authority aforefaid. That Beaufort 
 County fhall be divided into the following Diftrids j and that Mr. James Thomas^ 
 Mr. William Phipps, Mr. William Carruthers, and Mr. Jofiah Jones, be Com- 
 miflioners of the Roads from Broad Creek below Bay River, to the main Road, 
 including each Side of the faid River, on the South Side of Pamptico River : And 
 that Mr. Abraham Prit chard, Mr. John Tripp, and Mr. John Bond, be Commif- 
 lioners of the Roads from Goofe Creek, to Durham^ Creek, and from Durham' & 
 Creek, to the Boundary Line of Craven County : And that Mr. Benjamin Peyton, 
 Mr. Thomas Williams, Mr. Reading Blunt, Mr. William Peyton, and Mr. William 
 Dunbar, be Commiflioners of the Roads from Durham's Creek, to Chockowinity, 
 and to the Boundary Line of Craven County : And that Mr. Edward Salter, Mr. 
 Thomas Tyfon, and Mr. John Hardy, be Commiflioners of the Roads from Chock- 
 owinity, to the Line of the County : And that Mr. James Adams, Mr. Daniel 
 hlenn, Mr. George Nixfon, and Mr. James Brown, be Commiflioners of the Roads 
 horn Hyde County, bounding on PnV^'s Creek, to Bath-Town: And that Mr. 
 John Barrow, Mr. William Martin, Mr. Robert Boyed, Mr. Samuel Boutwell, and 
 Mr. Simon Jones, be Commiflioners of the Roads from Bath-Town, to the Flatt 
 Swamp, bounding on Tyrrel County ; and alfo from Bath-Town, to Tranter''^ 
 Bridge : And that Mr. Seth Pilkington^ Mr. George Moy^ Sen. Mr. William Mace, 
 
 Mr. 
 
LAWS o/' North-Carolina. iq^ 
 
 ■ ■—I — ,, — — - I -.■.■.■^.- - ■ II -■■■ I ■^.^■ll■ I .lli^fc, !■.—»■»■ i« II > ■> ■! I H *. I < ^ 
 
 Mr. John Burne)\ and Mr. y^??;;/'^ Barrow^ be Commiflioners of the Roads irom ^- ■'^ '"^^v 
 
 l'ranier'% Creek, to Edgcomb Count/. 
 
 y— 
 
 Vlli AND he it further Enacted^ hyythe Authority aforefaid. That /^i.? Coun- Forii></<CcBnt/. 
 ty be divided into the tbllowing Diftridts •, and that Col. Samuel Sinclare, Mr. 
 Jofeph "Tarti Mr. Ri chord Lorrdount, Mr Francis . Kipps^ and Mi. Alexander 
 Foreman^ be Commiliioncrs ot the Roads tVorn Price* s, Bridge, to the Court- 
 houfe : And that Mr. JViUiarn Harris^ Mr. Tbcmas Loach., and Mr. Jofeph Hal- 
 loway\ be Commiffioncrs of the Roads from the Chappel, to Jonas Squired : 
 And that Mr. V/illiam SiHerihvit,'., Mr. '-Timothy Allen, and Mr. Nathaniel Eborn, 
 be CommifTioners of the Roads from Matchapungo Creek Bridge, to the Log- 
 houfe : And that Mr. John Smah, Sen. Mr. John Smithy Jun. Mr. Gilbert Mc 
 Reary, Mr. Forjler Jar-vis, and Mr. John Leith, Jan. be CommilTioners of the 
 Roads on the Eaji Side of Matchapungo River : Which Commiflioners, or' the Ccmmiffiontri 
 Majority of them, in their fc-vJral and refpe6live Diftrlds, fliall have full Power Road^f&c.""" 
 and Authority to make new Roads and Bridges, and keep in Repair the Roads 
 and Bridges already made, in fuch Places, and in fuch Manner, as they Ihall think 
 convenient. 
 
 VIII. AND he it further Enabled, by the Authority aforefaid. That if any Hen.Uy for not 
 Perfon or Pcrfons who ihall take upon him to ad as a Commiffioner, fiiall neg- ""'*''"£' 
 
 Je(5t or refiife to meet, at the Times and i-^laces appointed by the Majority of the 
 Commiflioners, in their fevtral IJiliricts, he or they fo offending, fhall. forfeit 
 Thirty Shillings, Proclamation Money, for every iuch Negled or Refufal •, to 
 be recovered and difpofcd ol as is herein atter direded \ except he or they fo neg- 
 lecting, (hall give fuch Excufe to the faid Commiffioners of his Diitlrid:, at their 
 next Meeting, as they judge reafonable. 
 
 IX. AND he it funher Enabled, by the Authority aforefaid. That all Male Per- ah M.ie Titha. 
 fons, from the Age ot Sixteen Years, to Sixty, both white and black, (except '''"^> *"■•"'" 16 1<» 
 fuch as are hcrealttr excepted,) ihall be fummoned to work on the high Roads, theKoJs?'' '"'' 
 within their Lveral Diftrict-s, by fuch Fcrfon or Pcrfons as fhall be appointed, by 
 
 a fpecial Warrant from the CommifTioncrs of each Diftrid:, or the Majority of 
 
 them ; and if any i'eribn or Pcrfons appointed to fummon the Male Taxables, Penalty en p^- 
 
 to 
 them. 
 
 as aforefaid, fhall refufe or neglt6t his Duty, as herein after direded, for every j^^"] „'"'?'' 
 fuch OiTcnce, he fhall forfeit the Sum of Five Pounds, Proclamation Money, fummon"! 
 
 X. A.ND be it further EnaEled, by the Authority aforefaid. That every War- v/amnt to fum- 
 rant to fummon the Taxables, as aforefaid, fhall be under the Hands and Seals ^e°" a'' ?*b "h* 
 of the Commiflioners of the Diftrid, or the Majority of them ; which Warrant Comm.ffioni^s, * 
 Ihall exprefsly mention the Place where fuch Taxables fhall meet, the Number j^"^*^^"''"'"* 
 of Days they are to work, and that they bring with them Provifion fufiicient for 
 
 the Time, and fuch fuitable Tools as the CommilTioners fliall dired, and alfb 
 
 fliali mi-ntion the Commiflioncr or CommilTioners Names vv^ho are to infpedthem, 
 
 2s alio the Overfeer or Overfecrs Names who are to ovtrfee them ; and every Per- TithaWes to f>e 
 
 fon or Pcrfons to whom fuck Warrant is diredcd, fliall perfonaJly fummons all Da^sSe?' 
 
 Mafters or Miftreires of Familie"?, and Overfeers of Plantations, where there is no meet. 
 
 Maltcr or Miftrcfs prefent, at leaft Eigiit Days before the Time appointed for * 
 
 working, to caufe all Male Tax*abks in their Families, liable by Law to work on 
 
 tiie Roads, to appear at the Place appointed, ^with fuitable Tools as aforefaid, and 
 
 Provifions, and there to work on the Roads, Bridges, and Cuts, during fuch 
 
 'i'imc as is in the Warrant exprefsly mentioned.' 
 
 XI. AND be it further EnaSfed, by the Authority aforefaid. That all the Com- Commi/rmneH to 
 miiTionefs herein appointed for each Diflrid, and their Succefibrs, fhall meet at y^^^^ 'to"dct-r 
 the Court-houfe in the Diftrid, and where there is no Court-houfe, at fuch Place 
 
 C c c withini 
 
1 94 LAWS ^/'North-CarolinAo 
 
 ^. D. 174? within the Diiln<5t where the Majority of the Commiflloners fhall think fit to ap- 
 V— ^ — point, by Notice under their Hands, at leail Twice in each Year, vi-z. Ihe Men- 
 fout R!)ad"r^^^ ^V ^fter Flafter Monday, and on the firit Monday in Auguft, Yearly, and ottener 
 to Jar out !"•'''«« if the Majority of the Commiflioners fhall chink fit ; and the Majority of the Com- 
 °* '' '" miffioners fo met, are hereby impowered to determine all Difputes which ihall 
 or may arife concerning Highways, Bridges, private Paths, and Cuts, already 
 niade, or that Ihall be made hereafter •, alfo, upon the Petition of any of the In- 
 habitants, where Lands are fo hemmed in by other Perfons Lands, that they have 
 no PaiTage to the next High Road or Landing •, to lay out, or cauie to be laid out» 
 a Road or Way to the next High Road or Landing, to be laid out, mrtde, and 
 kept in Repair, at the private Expence of the Per Ion or Perfons petitioning, with 
 as little Damage as pofiibly may be to the Owner of thofe Lands through which 
 the faid Road or Way mult necefTarily pafs : And if there arc, or hereafter QndW 
 be, any confiderable Number of Inhabitants fettled in fuch Places where the Roads 
 already laid out arc not convenient for them to go to the next County Court, or 
 Town, in fuch Cafe, upon the Petition of fuch Inhabitants to the CommifTioners 
 of their refpe6five Diflrifts, it fhall and may be lawful for fuch Commiflioncrs, 
 and they are hereby impowered to lay out, or caufe to be laid out, a Road ^for 
 them to fuch Court-houfe or Town, at the Charge of fuch Petitioners, -having 
 due Regard to do as little Damage to fuch Perfons Lands or Plantations where 
 the faid Roads mufl i-jecelTarily go, as is poffible ; and the faid Perfons fo petiti- 
 oning, fhall be liable, for not working, making, and keeping fuch Road, laid 
 out as aforefaid, in good Repair, to all the Penakies inflided by this A<^ on Per- 
 fons for not working on the High Roads. 
 
 (^^rtim-mrftsrstrt XII. AND he it fnrther Enacted^ by the Authority aforefaid. That the Ma- 
 thTunads Vo one P^'^^f ^^ ^^'^ CommiiTioners of each Diftrift, at any of their Meetings, fhall allot 
 another, snd to to any CommiiTioncr or Commiflloners of fuch Diflrift, a particular Part of the 
 *llT^7ni%- Road, to be under his or their Infpedion, whether it be to repair an old Road, 
 point the Time make 3 ncw one, or to make or repair a Bridge, or a Cut ; and the CommifTioner 
 ribif/nh are to or GommifTioners fo appointed, is and are hereby impowered to nommate an 
 ^^ork at, not ex- Ovetfecr for that Part of the Work under his or their Infpedtion, and fhall alfo, 
 i^Vvw" '^' at the fame Meeting, appoint the Time when, and Place where, the Inhabitants 
 fliall work, not exceeding Twelve Days in One Year, (except as is herein after 
 excepted,) in fuch Manner as they Ihall be direfted, by the Commiflioner or Com- 
 miflloners appointed to dire6t them, or as they fhall be directed by the Overfeer 
 or Overfeers by him or them appointed, when fuch Commiflioner or Commif- 
 fioners fliall be abfent ; 'and the faid Overfeers fliall alfo fhew their faid Vv^rrant 
 to any Perfon they fummon, if required fo to do : And if any of the Perfons to 
 whom the faid ^Varrant is direfted, cannot find the Party fo to be fummoned, 
 then, and in fuch Cafe, he fhall, at lead Eight Days before the Time appointed 
 to work, leave a Note, in Writting, of the Time and Place appointed to work,- 
 with fomc Perfon in the Family of the Perfon to be fummoned ; which Note fo 
 left, fhall be accounted a legal Summons. 
 
 •^ommimoner. XIII. PRO FID E D always. That no CommifTioner or Commiflloners fhall 
 
 v^art^under'thdJ bc liable to Profccution for any Default or Defaults in the Roads, Bridges, and 
 infp=aion. Cuts, but for that Parfunder his or their particular Infpection. 
 
 perfonj nfgicft- XIV, AND bc it further Efiacted, by the Authority aforefaid. That if any 
 TuhabieT'' to'" perfon* after having been duly fummoned, as aforefaid, fhall neglect or refufe to 
 ftrfiit jV. 8d, fend all the Male Taxables in his or her Family, and if a Mafler of a Family, to 
 go himfelf, fuch Perfon fo neglecting or refufing, fhall forfeit and pay the Sum 
 of Two Shillings and Eight Pence, Proclamation Money, per Diem, for each and 
 every Taxable in his or her Family liable to work, who fhall be abfent any Day 
 or Days he or they ought to work, as aforefaid.- 
 
 XV. PRO 
 
LAWS of N ORT H-C A R O L I N A. 195 
 
 XV. PROVIDED nevenhelefs^ That if any Perfon who is a Defaulter, 
 
 -V— 
 
 Dfjui 
 
 (hall, within Ten Days after the Time is expired for working on the Roads, go fl.ew Caufe of 
 to the next Cominiflloner and Ihew him fufiicient Caufe, why he or his laxablcs p^'''^"'^* '" ** 
 were abfent, or did not work, at the Time appointed, or if he was obHgtd, by ^^ ' 
 fome extraordinary Occafionj to Itay at Home hunfelf, or to keep funic of his 
 TaxabJes at Home -, in fuch Cafe he fhail be allowed to make good the Dthcien- 
 cy, by working on the Roads, in fuch Place as he fhall be diredled by the faid 
 CommilTioners, or laid out by the faid Overfeer, as a proper Talk, by Order of 
 fuch Commillioncr, with fucii a Number of good and able Men as will tuUy make 
 up the Deficiency, withia Twenty Days alter the Time for working Ihall be ex- 
 pired i at which Time the C^mmiffioners of each Diftri6l are hereby required to 
 meet, and ililie their Warrant or Warrants of Diftrefs to levy the Fines and For- 
 feitures, in this Ad: mentioned, on tiic Eftate or Eftates of all fuch Defaulters 
 who have not made good their Deficiencies, or given fulHcient Excufes* as 
 aiforefaid. 
 
 XVI. AN D be ii further Ena£fed, by the Authority aforefaid^ That if any Commiffioners u 
 CommilTioner or Commiffioners Ihail refufe or neglect to fend all his Male Taxa- ^Je t' thabi«. 
 bles to work on the faid Roads, fueh Commiflaoncr or Commillioners fhall be li- 
 able to pay all fuch Sums of Money as any other Defaulters mentioned in this 
 A61 ; to be recovered by a Warrant of Diftref;, ifluing out of the Court of the 
 County where fuch Commiflionir or CommilHoncrs dwell, to be levied upon his v 
 or their Goods and Chattels, in fuch Manner as is herein by this Adt direifed and 
 provided, againft any other Perfon or Perfons offending therein. 
 
 XVI r. AN D be it further EnaSied^ by the Authority aforefaid^ That if any Perfons wiih- 
 Perfon withdraw his Taxables out of any Diftri<5l after they are fummoned, it i;''J:|'"?f^^''^^''" , 
 (hall and may be lawful for the Commiirioner or Commiffioners of fuch Diilri6t, any Dibia aftc» 
 to ilTue out his or their Warrant of Dillrcfs againft the Mailer, Millrefs, or Cver- ^;'"?''''"?'^'>"^'f. 
 leer or fuch Taxables fo offending, and levy, upon the Goods and Chattels of ifrue their war. 
 fuch Offender, all fuch Fines or Sums of Money as are herein before diredledi ac- IgaU^he^of* 
 cording to the Number of Taxables fo withdrawn or carried out of fuch Diftridt. <^'^der.. 
 
 XVIII. AND whereas there*are feveral vagrant Perfons who have no fixt '^^'^"''°f^^^- 
 Abode or Settlement, and who negleft and refufe to work on the Roads •, Be it joumen.^ " 
 there[<ire Ena5led^ by the Authority aforefaid^ That every Malter and Millrefs of 
 a Family, who hath any fuch Perfon or Peribns as a Sojourner or Sojourners, 
 Workman or Workmen, iLabourer or Labourers, in his or her Family, at the 
 Time ol being fummoned to work, fhall be anfwerable for the Work of fuch Per- 
 fon or Perfons as one of his or her Family ; and if fuch Perfon refufe to appear 
 at the T-ime and Place appointed, the faid Mailer or Millrefs may fell, at Public 
 Vandue, fo much of the Goods and Chattels of fuch Perfon or Perfons fo refu- 
 fing, as fhall pay the Fine of Two Shillings and Eight Pence, Proclamation Mo- 
 ney, for every Day he ought to haVe worked on fuch Roads, returning the Over- 
 plus, if any, to the faid Perfon or Perfons. 
 
 . XIX. AND be it further Enacted, by the Authority afore faid. That if any SitThcirOu- 
 Perfon, appointed Overfeer by a Warrant under the Hands and Seals of the Ma- ty, to foftit 
 jority of the CommifTioners of his Dillrid,or any of them, Ihall neglcd or re-'*°'" 
 lufe to a6l, or having takenu pon him fuch Office, fhall negleftor refufe to follow 
 the Direftions of the CommilTioner or Commiffioners appointed for that Part of 
 the Road of which he is Overfeer, fuch Perfon fhall, for every Day he Ihall fo 
 negledl or refufe to ad, or to follow the Diredions of the faid Commiffioner.or 
 Commiffioners, forfeit and pay the Sum of Twenty Shillings, Proclamation 
 Money. 
 
 XX, AND 
 
iq5 laws of North- Carolina. 
 
 A. D 1745. 
 
 V ^ ^ XX. J ND be it further Enabled, hy the Authority aforefaidy That if any 
 
 frwoTk/to"(^-rf white Perlbn, being met according to Summons, ihall neglect or refiife to work 
 feitas. 'sd. if a according to the Directions of the Commifiioners or Overfeer appointed tor that 
 Negro,^^he may ^^^^ ^^ ^_^^ ^^^^^ ^^^^ Ptrfon, for cvcry Day hefo offends, fliall forfeit the Sum 
 of Two ShiUings and Eight Pence, Proclamation Money •, and if any Slave fhall 
 refufe or neglect to work, the Overfeer may, and he is hereby directed and im- 
 powered, to give fuch Slave Correction, by whipping him on his bare Back, not 
 exceeding Twenty Lafhes, for every Offence, and fo that he ufes no other Wea- 
 pon than'a Cow-Skin or a Switch : And if any Perfon (the Commiffioners of the 
 Diftrict excepted,} fhall hinder the Overfeer from correcting fuch Slave, the Per-" 
 fon or Perfons fb offending, fhall, for every fuch Offence, forfeit and pay Twen- 
 ty Shillings, Proclamation Money. 
 
 e-mm-ffionfr! to XXL A N D be it further Ena^fed^ by the Authority afore faid^ That the Com - 
 b«id Bridges,&c, jjjii^TjQj^gj-s of each Diftrict, or the Majority of them, fhall be, and they are here- 
 by impowered, to agree with any Perfon or Perfons, to build any Bridge or 
 Bridges, or repair any Road or Roads, as they fhall fee neceffary, in their fcveral 
 Diflricts. 
 
 t>roceea;«g.tob. XXII. AND be it further Enacted, by the Authority aforefaid^ That where 
 
 hui whre two Xwo DiitHfts ate divided by any River or Creek, and the Commiffioners of ei- 
 
 Jlfrf^v.cr.dc"; ther defire to build a Bridge over fuch River or Creek, they fhall give Notice to 
 
 and the Com- jj^g Commiffioncrs of the other Diftrift of the Day and Time they will meet them^ 
 
 ZTJmI Bddge as near the Place as may be where the Bridge fhall be propofcd to be built •, and 
 
 over it. j.|^g j-^j^ Commiffioners of the Two feveral Diftrids, or the Majority of thofe of 
 
 each Diftricfl, being fo met, are hereby impowered to agree with proper Perfons 
 
 to build fuch Bridge : And the Commiffioners of each of the faid refpedive Dif- 
 
 tri£ts, or the Majority of them, are alfo hereby impowered to raife Money, fuf- 
 
 ficient to difcharge the Expence of fuch Bridge, in their feveral Diftrifts, that is 
 
 to fay, one Half on one Diftrid, and one Half on the other, by laying a Levy, 
 
 fo as the fame do not exceed One Shilling, Proclamation Money, for One Year, 
 
 on the Taxables liable to work on the Roads in each of the faid Diftrids -, to be 
 
 colleded by the Sheriff of the County wherein fuch Diftrids are, at the fame 
 
 Time and Manner as other Taxes are. m.ade payable, and to be colleded, and 
 
 Ihall be accounted for and p'aid by the Sheriff, to the Commiffioners of fuch 
 
 Diftrids where the fame fliali be collected j for which the Sheriff fliall have Six 
 
 fer Cent. ^ 
 
 XXIII. AND foras-much as feveral Counties are^Ow divided by fmall Rivu- 
 lets or Creeks, wliere Bridges over the fame may be made, and kept in Repair, 
 rro«e<5iBg,tobe wlthout laying a Levy on the Taxables of each County ; It is therefore hereby 
 t'j^^heroCun- £fjactedy That the Two next Commiffioners to the faid Run, living in the differ- 
 Oeekl'''" ' ^ ent Counties, may be, and are hereby impowered, to ifiue Summons for fuch 
 Number of Taxables in their refpective Diftricts as they fhall judge proper, for 
 making and repairing fuch Bridges -, and the Taxables fo working, fhall be al- 
 lov/ed the fame Time from working upon any other Roads in their Diftrict: And 
 if any Perfon or Perfons, liable to work upon the Roads, fhall neglect or refufe 
 to comply with, and ob-y fuch Summons -as aforefaid, he or they fhall fortcit and 
 pay the Sum of Two Shillings and Eight Pence, Proclamation Money, for every 
 Day he or they fhall fo neglect or refufe. 
 
 tr,rr.m-(tiwri 10 XXIV. A N D be it further Ena£fed, by the Authority aforefaid. That if any 
 SivS'th" Bridge Hoall be broken down or carried away by Frefhcs, or if by iaiiing of Trees 
 ^.'iii dear. acrofs thc Roads, the Paffnge of the fame is interrupted, the Commiflioner or 
 
 Veep Sridges in gj-j^g^ f]^.^jj j^^ broken down or carried away by Frefhcs, or if by iaiiing of Trees 
 acrofs thc Roads, the Paffnge of the fame is interrupted, the Commiflioner or 
 Commiffioners of the Diila-icts in which fuch Accident may happen, fhall iffue 
 
 hln 
 
LAWS ^ N O R T H - C A R O L I N A. I 97 
 
 his or their Warrant or Warrants to fummons as many Taxables as may be able ^ ^- '^-is- 
 
 CO mend fach Bridge, or move fuch Trees, and otherwile repair any unpafTable ^''^ — "^ ' 
 
 Jkoad, allowing the Ferlbns ib working as many Days at the next General Time 
 of working. 
 
 XXV. AND'he it farther Enacted, by the Authority aforefaid. That if any Penalty on Pew 
 Perfon fhall ftop up, or any way damage any of the Roads, Bridges, Cuts, or ^"'"' '*'''?■"£ "? 
 Water-Courfes, now made, or hereafter to be made, by the Commiliioners atore- "^ ^' '^' 
 faid, or any of them, or alter or damage the private Roads by them laid out to 
 a Landing, or Public Road, the Commiflloners, or the Majority of then*, in the 
 Diftrict where fuch Oftcnce fliall be committed, Ihall order the Party fo offend- 
 ing immediately to clear and repair the fame ; and in Cafe of Ref ufal, the Party 
 offending Ihall forfeit and pay fuch Sum or Sums of -Money, as the Majority of 
 the Commiliioners of fuch Diftricts ihall find lufhcient to repair fuch Damage. ' 
 
 XXVr. AND he it further EnaBcd, by the Authority aforefaid. That each commiffion^rs t6 
 Commiffioners of each and every Diflricl, or the Majority of them, are hereby '^>" t« anAcco. 
 impowered and required to call to Account, upon Oath, all former and prcfent \H^i^ir^^Zy 
 Commiffioners and Officers, to whom any Money hath been, or hereafter Ihall ^f^m Defaulter, 
 be paid, by Viitue of any Warrant on Defaulters for not working heretofore on 
 the Roads, an(SJ to appoint any one of the faid Commiffioners to receive the ilime ; 
 and upon Refufahor Negled; of Payment, it fliall and may be lawful for the faid 
 Commiffioners of fuch Diflnd, or the Majority of them, to ifiuc their Warrant, 
 directed to the Sheriff of the County, to diftrain the Goods and Chattels of the 
 Perfon or Peribns fo refufing or negleding to pay the fame, and the Goods lb 
 diflrained Ihall be, by the Sheriff, Ibid at Public Vendue, fo far as will amount 
 to the Sum which fuch Pcrlbn ought to account for and pay, as aforefaid ; and 
 the Money fo levied, ihall be paid to the Commiffioners appointed to receive the 
 fame, as aforefaid. 
 
 XXVIL AND be it further Enabled, by the Authority aforefaid. That the Proceedings a. 
 Commiffioners \i\ the fcveral Diftrids of this Province,, iliall have full Power and e-"'"* ^'f'"^""' 
 Authority, and they are hereby authorized and impowered, to fummons all Per- 
 fons, whom they fiilpecl as Defaulters in working on the high Roads, in the 
 feveral Diftrids where .fuch Perfons rcfide, by a Note, in Writing, under the 
 Hand of one or more of the Commiffioners, appointing the Time when, and 
 Place where, they fhall meet, which fhall be within Three Months after the Ra- 
 tification of this Ad ;■ and fliall caufe all Perfons who have been Overfeers of the 
 higii Roads, and all other Perfons whom they believe can make Proof againfl 
 Defaulters, as aforefaid, to appear before them •, and on due Proof made, by the 
 Oath of any one credible Perlbn, or the Confeffion of the Party or Parties, of 
 fuch Default or Defaults, the Commiffioners, or the Majority of them, at the 
 faid Meeting, fliall order luch Defaulter or Defaulters to work on the Roads for 
 the Space of Six Days only, at one Time, until he or they have made good the 
 whole Deficiency, within Six Months after the Ratification of this Ad ; and in 
 Cafe fuch Defaulter or Defaulters fhall negled or refufe to work as aforefaid, or 
 refufe to pay his or their fcveral Fines and Forfeitures, due for his or their De- 
 fault or Defaults, the faid Commiflioners, or the Majority of them, are hereby 
 impowered and required to levy, by Warrant, on fuch Defaulter or Defaulters, 
 fuch Sum or Sums of Pvloney {<i due, on his or their Goods and Chattels. 
 
 ) 
 
 XXVIII, AND whereas Difputes may often arife, about/the Number of tax- Oefeuiters ore 
 
 able Pei-fons in a Family liable by Law to work on the Roads ; Be it therefore 'j'venLift S fheTr 
 
 E'Ui^ed, by the Authority aforefaid. That the Commiffioners in each and every TlxaWes.w'iw! 
 
 Dillrid, or the Majority of them, may, and they are hereby impowered, to re- '^''5*- 
 quire, upon Oath, frora any Defaulter or other Perfon, at any Time, tlie Liit 
 
 D d d or 
 
jgo 
 
 LAWS O/' N O R T H -C ARO L I N A. 
 
 u9. D I74S or Number of his or her Taxables, liable by Law to work on the Roads ; and on 
 *■- V ^ Refufal of fuch Defaulter, or other Perfon fo required, to declare the fame, he^ 
 
 fhe, or they, 
 
 mation Money. 
 
 fo refufing, fliall forfeit and pay the Sum of Five Pounds, Procla^ 
 
 ccinmiffinnerj XXIX. J N D he it furthcr Enacted^ by the Authority aforffaid. That it (hall 
 
 ^jacent'Timbr" and may be lawful, for any Perfon or Perfons, by Direttion of the CommifTion- 
 ers, to cut down and make Ufe of any Timber Tree or Trees ftanding or grow- 
 ing upon any of the moft convenient Lands to the faid Roads, for the Ufe thereof. 
 
 w,rrtnt« tn be XXX. A N D he it further Euacted^ by the Authority aforefaid^ That all War- 
 "f'^'h *C)"^T ''^'^^^ ^'-"' l''^yi"S '^'^J ^^"- or Forfeiture, due by Virtue of this Aft, fhall be un- 
 iioneri, dcr the Hands and Seals of the Commiflioncrs, or the Majority of them, in their 
 
 refpeclive Dillridlis where fuch fhall become due. 
 
 Rosds, &c. to be XXXI. A N D he it further EnaEfed, by the Authority aforefaid^ That all Pub- 
 (o Feet wide, j.^ Road;, Bridges, and Caufways, Ihall be made, at the leaft. Ten Feet ' 
 Wedth. 
 
 m 
 
 Right of Appesl. 
 
 fines how recb- 
 vercd. 
 
 Wsrr«it. 
 
 Fines 
 tfd. 
 
 ap^opria 
 
 XXXII. AND he it further Enacted^ by the Authority aforefaid^ That if any 
 Perfon or Perfons fliall think him, her, or thernfclves aggrieved, by any Order or 
 Sentence of the Commiffioners, it (hall and may be lawful for fuch Perfon or Per- 
 fons to appeal from the Order or Sentence of fuch Commiffioners, in any of their 
 refpe-flive Diftrifts, to the next County Court •, who are hereby impowered to 
 hear and determine fuch Appeals in a fummary Way. 
 
 XXXIII. AND be it further Ena^ed^ by the Authority aforefaid. That all 
 the Fines and Forfeiturt s now due, or which hereafter fhall become due, by Vir- 
 tue of this A6t, except fuch as are herein before directed to be otherways reco- 
 vered, fliall be by Diftrefs, and Sale of the Offenders Goods and Chattels, by 
 Virtue of a Warrant under the Hands and Seals of the Commiffioners of fuch 
 Diftrift, or the Majority of them, where fuch Offence is committed, diredcd to 
 any lawful Conftable of the County, who fliall levy the fame by Sale of the Of- 
 fenders Goods, at Public Vandue, to the higheft Bidder ; and the faid Couilable 
 fhall be allowed, for executing every fuch Warrant of Diftrefs, One Shilling and 
 Three Pence, Proclamation Money, and Three per Cent, for the Sum levied ; 
 and after the Forfeitures and Charge paid, the Overplus, if any, to be returned 
 to the Owner : 'Which Warrant fhall be in the following Words, "jiz. 
 
 WHEREAS Information, upon Oath, hath been made to us, Commiffion- 
 ers for the Dijlri^ of in the County of by K. B* 
 Thai C. D. is a Defaulter upon the high Roads, with 'Taxables, for 
 Days, which, at the Fine of Two Shillings and Eight Pence each, by 
 Law efiablijhed, amounts to the Sum of and thai the faid 
 C. D. hath refufed to make Satisfaction for the fame: 
 
 THESE are therefore to command and require you to feize fo much of the 
 Goods and Chattels of the faid C. D. as will pay and fatisfy the faid Sum 
 of with all accruing Cofts ; and the fame Goods fo feiz- 
 
 cd, unlefs redeemed by Payment of the fud Sum of with 
 
 Cofts, in Five Days after Seizure, that you fell and difpofe of, and the Money 
 arifing thereby, you pay to us, at the Day of For 
 
 which this fhall be your fufScient Warrant. 
 
 XXXIV. AND he it further Enacted, by the Authority aforefaid. That all 
 Fines and Forfeitures mentioned in this Ad, fhall be to the Ufe ot the Public of 
 
 thJts 
 
L A W S C'/" N O R T I -C A R O L I N A. I99 
 
 this Province, and Ihall be paid to the ieveral Commiflioners in their relpedive -^ ^- '74s- 
 Diftrids where the iml ¥nv'.s. and Forieitures are recovered ; to be applied to the "^ 
 
 making and repairing the Bridges and Water-Courfes in the ieveral Diitncls where 
 the fame fhall be rccovcrrd, and towards paying a Clerk for entring the Proceed- 
 ing's of the Commiflioners of the faid fc veral and rcfpedtive Diifricls. 
 
 XXXV. AND be it further Enacted^ by the Authority ^afcrejaid^ That no J*l""4"'inB*n 
 Member of his Majefty's Council, or Members of Aflembly, no Clergyman-, the Roads. 
 Juftice of « the Peace, Attorney at Law, Clerk of any Court, Coroners, Confta- 
 
 bles, School-Mafters, Phyficians, or Surgeons^ or Perfons appointed to tend Pub- 
 lie Parries, or Public Grift-Millsj Ihall be themfelvcs compelled to work on any 
 Roads ; neither fhall any Perfon be himfeif compelled to work, who ihall fend 
 Three Perfons out of his own Family to work on any Road, Bridge, or Cut. 
 
 XXXVI. AN B be it further Enacted^ by the Authority aforefaid^ That if any c-mmiffioners 
 Commiffioner or CommifTionerSi appointed by this Act, fhall refufe to ad, or &c"othfrs"to't8 
 fliall die, or leave the Dilbid of which he or they are Commiffioner or Commif- appointed. 
 fioners, that then, and in fuch Cafe, the remaining Commiffioners of fuch Dif- 
 
 trids where fuch Commiflloner or CommiiTioners fliall refufe to ad, die* or leave 
 the Diitrid, together with the Juftices of the County Court, at the next County 
 Court, iliill choofe one or more Commiflloner or Com miiTj oners, to fill up the 
 Room of fuch Commiflloner or Commiflioners refufingj dying, or removing, as 
 .aforefaid; and fuch CommiiTioner or Commiflioners fo choien^ fhall have the 
 fame Power and Authority, and be fubjed to the fame Ptijakies, as any Com- 
 miiTioner or Commiflioners in this Ad before named. 
 
 XXXVII. AND whereas by a late Temporary Act, intituled, An Act., for 
 ■ laying otity mailing, altering^ and keeping in Repair y the fever al Roads V)ithin the 
 
 County of Bath, i^c. a Tax was laid, by the Commiflioners of Bladen County, 
 for finiiliing a Bridge over Levington\ Creek *, which Tax was not fully colleded 
 before the Expiration of the faid Ad; and many of the Perfons fo taxed now re- 
 r fufe to pay the fame, becaufe the faid Law is expired : 
 
 XXXVIII. Be it therefore EnaEied^ by the Authority aforefaid^ That the Com- Commiffioners cf. 
 miflloners appoint rd by this Ad for the faid County, in their feveral and re- iffue'thmWa!- 
 fpedive Diflricts, fhall have full Power, and they are hereby authorized and re- lafit for levying » 
 quired, to ifllie their Warrant or Warrants, for the levying the faid Tax on fuch 
 
 Perfon or Perfons who have not already paid the fame •■, and the faid Tax fhall 
 be levied and paid in the fame Manner, and under the fame Penalties, as in this 
 Act is before directed tor Taxes, on the like Occafion, hereafter to be laid and 
 collected in the feveral Diflricts in this Act appointed. 
 
 CHAP. VI. 
 
 An AB, for ercEiing a Fortification on the lower Part of Cape-Fear Ri- 
 -UtT, for applying thereto the Powder-Money already arifen^ or which 
 Jhall arife, by Shipping cojntng iiito the Port of Brunfwick. 
 
 *• TXr H E R.E A S from the prefent War with France and Spain^ there Is Pfe»mbie. 
 
 VV great Reafon to fear, that fuch Parts of this Province which are fcitu- 
 ated moft commodious; for Shipping to enter, may be invaded by the Enemy : 
 And whereas the Entrance of Cape-Fear River, from its known Depth of Water, 
 and other Conveniencies for Navigation, may tempt them to fuch an Enterprize, 
 
 while 
 
soo 
 
 L A TV S :>f North-Carolina. 
 
 ^ D i;4v it rtmains in fo naked and dcttncelefs a Condition as it now is : Therefore, fof 
 V — ..^— ^ ^\^^ better fecuring of the Inhabitants of the faid River from any Infult and 
 Invafion, 
 
 IT. W E pray that it may be Ena(^ed, And he li Ena^ed^ hy his Excellency Ga- 
 ^^Tnu^^T^e- '^''^^^ Johnfton, Efq; Governor, hy ar.d with the Advice and Cortfent cf his Majejiy^s 
 reft the Fort, Coumil^ and General AJfemhly of this Province, cmd it is hereby Enacted, by the 
 Authority of the fame, rhat his Excellency Gabriel Johnfton, Efq; Governor, the 
 Honourable Nathaniel Rice, Robert Halton, Eleazer Allen, Matthew Rowan, 
 Edward M'-feley, Roger Moore, JVilliam Forbes, Efqrs. and Col. James Innes, 
 Wilham Fans, Efq-, Major John Swanv, and George Mocre, Efqj be, and are 
 hereby appointed Commiflioners-, who, or the Majority of them, fhall have full 
 Power and Authority to ereft and build a Fort or Battery, in fuch Place on the 
 lower i'arts of Cape-Fear River, as to the Majority of them fhall feem moft con- 
 venient, for the Defence of the faid RiVer : Which Fort or Battery fhall be called 
 Johnfton's, Fort, and fhall be large enough to contain, at leaft. Twenty Four 
 Cannon, with Barracks, and other ConveniencieSj for Soldiers. 
 
 i*ov»der-Money \\\. A N D fof defraying the Charges of building fuch Fort or Battery, Be it 
 buMn^itf ^"'' Enacted, by the Authority aforefaid. That the Powder-Money already paid to the 
 Naval Officer of Port Brunfwick, or to the Commiflioners of Navigation of the 
 faid Port, fince the Sixtli Day of March, One Thoufand Seven Plundred and 
 Thirty Eight-, by Virtue of an Adof Affembly, intituled. An Act, for facilita- 
 ting I he Navigation of the fever al Ports of this Prcoince, and for Buoying and Bea- 
 coning the Channels leading from Ocacock hdet, to Ed'enton, Bath-Town, and 
 Newbern, and from Topfail Inlet, to Beaufort Town,^ and other Ports and Inlets 
 Within the faid Province herein mentioned, and for providing fufficient Pilots, for 
 the fafe Conduct of Vejfels ; and all Powder-Money which fhall hereafter arife, by 
 Veflels coming into the faid Port of Brunfwick, fhall be applied, by the Commif- 
 fioners afordaid, or the Majority of them, (after dedudting a Sum fufficient for 
 finifhing the Polling and Staking out the Channel between Brunfwick, and Wil- 
 mington, not exceeding the Sum of Fifteen Pounds, Proclamation Money,) ta 
 the Charge of buildmg and erecting the faid Fortification as aforefaid, and to no 
 cthir I'urpofe or Ufe whatfoever ; any Thing in the faid Ad to the contrary, 
 notwithflanding. 
 
 Na«i offictr to IV. A N D he it further Enacted, by the Authority aforefaid. That the feveral 
 aecunt with the Naval Officers of the Port of Brunfwick, or other Pcrfons, who have any of the 
 foraTi Powder- Powder- Money of, or belonging to the faid Port, in their Hands-, and the Naval 
 Money. Officer who fliall hereafter receive any Powder-Money of or for that Port, fhall, 
 
 when called upon by the aforefaid Commiffioners, or the major Part of them, ap- 
 pear before them, and fettle their Account, upon Oath, and pay to the faid Com- 
 miflioners, or the Majority of them, or their Order, all fuch Sum and Sums of 
 Monty already received, or which fiiall hereafter be received by him or them ; 
 and a Keceipt, under the Hands of the faid Commiflioners, or their Order, fhall 
 be a fufficient Difcharge to the faid Officer, for fuch Sum or Sums of Money fo 
 paid. 
 
 isiav»iofficer,&:c. V. A N D be it further Enacted, by the Authority aforefaid. That if any fuch 
 fuct'^i"L'jrto Perfon or Peffons, who have already received any Powder-Money as afore-men- 
 forfdt 40 ). ' tioned, or who hath any fuch Money in his tiands, or who hereafter fhall receive 
 any fuch Money, fhall, upon dtie Notice given, refufe to appear to account, up- 
 on Oath, and pay the Money due from him or them, he or they fo refufing or 
 neglecting, fhall forfeit the Sum of Forty Pounds, Proclamation Money ; to be 
 recovered, by the Commiflioners, or the Majority of them, by Adtion of Debt, 
 Bill, Plaint, or Information, in the General Court of this Province, wherein ho 
 
 Pro- 
 
LAWS ^"North-Carolina. 7,01 
 
 — -f 
 
 A. D. 1745 
 
 Proteclion, Injunction, or Wager of Law, lliall be allowed or admitted of, and 
 applied to\A^ards building the uud Fort ; and fhall be alfo Jiable to an Adion for 
 all fuch Sums of Money as are in his or their Hands, at the Suit of the Commif- 
 fioners aforelaid, or the major Part of them. 
 
 VI. AND be it further Ena^ed, by the Authority afore faid. That if any one N^mberofCum- 
 or more or the Commiiuoners beiore mentioned, Ihall die, or remove out ot this kept up. 
 Province, or retuf;; to a6t, that in fuch Cafe it fhall and may be lawful for the 
 Majority of the remaining Com miffioners, to recommend double the Number of 
 
 the Perfon or Perfons fo dying, leaving the Province, or refufing to adlr, to his 
 Excellency the Governor or Commander in Chief for the Time being, out of 
 which he is hereby impowcred to appoint one or more Commiffioners to a6t in 
 the Room of fuch fo dying, leaving the Province, or refufing to act, as aforefaid : 
 And fuch Ccmmiilioner or Commiffioners fo appointed, fhall have the fame Po<v- 
 er and Authority as any other Commiffioner or Commiflioners have, or ought to 
 have, by Virtue of this Act. 
 
 VII. AND be it further Enacted, by the Authority aforefaid. That the Com- Commiffioners to 
 miffioners herein before nominated and appointed, are hereby compelled to lay counts be'Le^h* 
 their Accompts before the Governor, Council, and General Alfembly of this Pro- Governor, tc 
 vince, for all fucH Sum or Sums of Money as they fhall, from Time to Time, 
 
 receive, by Virtue of this Acl:. 
 
 VIII. AND be it further Enacted, by the Authority aforefaid. That it fliall Commsffion, 
 and may be lawful for any Perfon or Perfons, by the Diredion of the Commif- Timb"r. ^^^ 
 fionei's aforefaid, or the major Part of them, to cut down and make Ufe of any 
 Timber Tree or Trees, it mding or growing upon any of the moft convenient 
 JLands to the faid Fort, to be ufed in building and ertdting the fame. 
 
 ffioner* 
 cenS 
 
 CHAP. VII. 
 
 An ASf, fo appoint Commiffioners in the Place and Stead of thofe deceafed^ 
 to compleat and piijii the Church at Newbern, and for addiiig the pre- 
 Jent Cburchivardcns and Vejlrymen to the jaid Co??imiJjioners ; and for 
 empowering the faid Commijjioners, Churchivardejis^ a?id Fejtrymen, to 
 Call the former Commijjioners to Accowit, for all the Monies by them re- 
 ceived for the Ue of the faid Church, ajid to appropriate it to the Pur- 
 pofe aforefaid, and, in Cafe of Infiifficieitcy, to lay a Levy to accotnpiijh 
 the fame. 
 
 ^' "\ A/" ^ ^ ^ ^ ^ ^ by Virtue of an A6t, pafTed at Edmton, the Twenty Se- Preambk, 
 
 V V cond Day of Auguji, Anno Domini One Thoufand Seven Hundred and 
 Forty, intituled. An A£i, to enable the Commiffioners herein after appointed, to erect 
 andfi:vfh a Church in Newbern "Town, for the better regulating the faid Town, and 
 for other Purpcfes herein after mentioned, William IVilfon, Adam Moore, William 
 Herritagc, George Roberts, and George Bould, were appointed Commiffioners to 
 ereft, build, and finilh a Church at Newbern -, and the faid William Wtlfon, Adam 
 Moore, and George Roberts, being fmce dead, and no Power in the faid Law to 
 chufe others in their Room -, 
 
 II. BE it therefore Enacted, by his Excellency Gzhnt\ ]ohn^on, Efq; Gover- Comm!/n.ne>, 
 *^r, by and with the. Advice and Confent of his Majefifs Council, and the General ZtT^^xSk 
 
202 LA W S o/'North-Carolina. 
 
 yf . D 
 
 '745. JJfembly cf this Province, and by the Authority cf the fame. That the prefent 
 . — ^ Churchwardens and Veftrymen of the Parifti ot Chriji-Cburch, together with 
 F3wer"''to '"call Johu Fonvielk, Edward Bryan, and Chrifiopher-Gregory Hobbs, be, and are here- 
 the former Com- bv appointed Commiflioners, in th'j Room, Place, and Stead of the faid J^^Z/mw 
 AccounTyr" aU JVUfon, Adam Moore, and George Roberts, deceafed, with full Power and Autho- 
 Monies i,y them j.j(.y ^^ j,^|j fo Account the fomicr Commiffioncrs, for all the Monies by them col- 
 lefted and received, to and for the Ufe of the faid Church, and frorii any other 
 Perfon or Perfons who may have any of the faid Monies in their Hands •, and in 
 Cafe of Negled or Refufal of any of the furviving Commifiioners, or the Heirs 
 or Executors of thofe deceafed Commifiioners, or any other Perfon or Perfons, 
 as aforefaid, upon the Demand of the Majority of the prefent Commiflioners, 
 Churchwardens, and Veftrymen, only to Jtccount and pay down all fu'ch Sum 
 and Sums of Money as are remaining due and unpaid in their Hands to the pre- 
 fent Churchwardens and Commiflioners, as aforefaid, who are hereby impowered 
 to give Difcharges for the fame, that then, and in fuch Cafe, fuch Commiflloner 
 or Commiflioners, or the Pleirs, P^xecutors, or Adminiftrators of thofe deceafed 
 Perfons, or other Perfon or Perfons concerned therein, Ifiall forfeit and pay, unto 
 the prefent Churchwardens and Commiflioners, the Sum of One Hundred Pounds, 
 Proclamation Money •, and further, fliall be liable to an Action, at the Suit of the 
 Commiflioners and Churchwardens, for all fuch Sum and Sums ot Money as fliall 
 appear he or they are fo in Arrear •, which faid Sum of One Hundred Pounds, 
 Proclamation Money, fhall be applied for and towards finifliing, compleating, 
 and building the faid Church. 
 
 Commiffiontrs to jn. A N B be it EnaEfed, by the Authority aforefaid. That in Cafe there fliould 
 
 fin'i'fhihe Church not appear to be a fufiicicnt Sum of Money in the Hands of the former Commif- 
 
 if not fufficient fioncrs. Or in the Hands of the Heirs, Executors, or Adminifliratorsof thofe Com- 
 
 .ireadycoiieaed. j^^j^jo^ers dcccafed, to finifli the faid Church, that then, and in fuch Cafe, it 
 
 fhall and may be lawful for the prefent Churchwardens and Veftry, together with 
 
 the prefent Commiflioners, to lay fuch a Levy as v/ill be fufficient for the com- 
 
 T pleating the fame, with as much Expedition as pofiibly may be : Any Thing 
 
 herein contained to the contrary, notwithftanding. 
 
 CHAP. VIII. 
 
 An A6f, to add that Part of the Province called Mattamufkeet, and 
 
 Lake, to Hyde County. 
 
 Preamble. I. TTTHEREAS the Inhabitants of Mattamufkeet, and the Lake, for 
 
 W thefe many Years paft, have been obliged to attend Currituck County 
 Court, being from their Habitations upwards of One Hundred Miles, through 
 a bleak and dangcrofis Sound, which is always attended with great Fatigue, and 
 often Times there Lives expofed to great Danger, and trequcntly, by contrary 
 Winds, difappointed of their Paflages, and detained from their Families : For 
 Remedy whereof for the future, 
 
 Miitsmujkeet H. W E pray it may be Enaftcd, And it is hereby EnaBed, hy his Excellency 
 
 %ZLlTy °' Gabriel Johnfl:on, Efq; Governor, by' and with the Advice and Confent cf his 
 Majefifs Council, and General Affembly of this Province, and by the Authority 
 of the fame, Th^t MattaMuJkeet, and the Lake thereunto belonging, fliall, from 
 henceforward, be accounted, taken, reckoned, and deemed Part ot Hyde County ; 
 and that the Inhabitants thereof fliall be fubjcd and liable to the fame Orders, 
 Rules, and Taxes, as any other of the Inhabitants of the faid County ijn:, or here- 
 after fliall be i any Law, Cuftom, or Ufage, to the contrary, notwitliftanding. 
 
 C H "A P. 
 
L A V/ S of North-Carolina. ^q-, 
 
 A. D. 1745. 
 
 C H A p. IX, ^->^ 
 
 An AB, to impower the C9nwvj]ioners for the Tonvn of Edentoiij to keep 
 in Repair the Town Fence, and to creB afid build a Pound, Bridges, 
 Public Wharf, and Market-houfe ; as alfo to ereB and build a School- 
 houfe in the faid T^own, and other Purpofes fherei?i mentioficd. "< 
 
 I. 13 -E 'i Ena^ed, by his Excelkncy Gabriel Johnflon^ £/j-, Govirnor, by and comm^ffioners w 
 
 B 
 
 vnth the Advice and Confent of his Majejly's Council, and General Af- j'^i 
 
 Ijy a Tax on the 
 
 ibitants 
 
 fembly of this Provincey and by the Authority of the fame. That the Commifiioners '^=^1' th.; x.wn 
 already appointed, ftr who (hall hereafter be appointed for the laid Town, or the inRlp'a'ir. ''''"'' 
 Majority of them, are hereby authorized and impowered, by the Name of the 
 CommiiTioners of Edenton, from Time to Time, and at all Times hereafter, to 
 lay a Tax on the Inhabitants of the faid Town, not exceeding Eight Pence, Pro- 
 clamation Money, per Annum, on each and every Lot, poffefied by each and 
 every Perfon or Perfons refiding within the faid Town, for to keep the Town 
 Gates, and Fence round the faid Town, in good Repair -, which Tax fhall be 
 Annually colledied and levied b^ a Perfon, Irom Time to Time, to be appointed 
 by the Commillioners of the faid Town, or the Majority of them, and by the 
 faid Commifiioners, or Majority of them, applied for the Ufes and Purpofes be- 
 fore mentioned ; and on Non-p4yment of the faid Tax, the Perfon appointed to 
 colle6t the fame, is hereby impowered to make Diflrefs on the Goods and Chat- ^ 
 tels of fuch Perfon who fhall rcfufe to pay the fame, and to fell the fame at Pub- 
 lic Vendue, and the Overplus, if any, to return to the Owner, after paying the 
 faid Tax, and the Coils of fuch Diftrefs. 
 
 II. AND be it further Ena&ed, by the Authority afcrefaid. That no Perfon N«ne but inhabit 
 or Perfons whofocver, except the Inhabitai;!:s of the faid I'own, Ihall keep, or stocV^^TowS' 
 caufe to be kept, any Horfe, Cattle, or Sheep, .within the faid Town, under the on P«:n. of 20 s.' 
 Penalty of Twenty Shillings, Proclamation Money, for each and every Offence ; 
 
 to be recovered and applied as in this Ad is hereafter direded. 
 
 III. AND he it further EnnSfed, by the Authority afore faid. That none of what Number of 
 the Inhabitants of the laid Town, fhall keep, .or caufe to be kept, running at ff l^'^ ^"i'^'''" 
 
 .,.,» 1" '■ , •* o tants may keep, 
 
 large withm the Bounds or the faid Town, more than Six Head of Sheep, one 
 Cow, and one Horfe, for one Lot, and fo in Proportion for each and every Lot 
 by him, her, or them fo poifelfed, under the Penalty of Twenty Shillings, Pro- 
 clamation Money, for each and every Offence ; to be recovered and applied as in 
 this Ad is hereafter direded. ' 
 
 IV. AN D be it further EnaSfed, by the Authority afcrefaid^ That the Com- Commiffioners to 
 miffioners of the faid Town, or the Majority of them^ are hereby authorized and n'Jii'J.esf w"hnrf, 
 
 -impowered, to erect and build a Pound, i^ridges. Public Wharf, Market-houfe, Markct'-home,' 
 and School-houfe, in fuch Public Places in the faid Town as they, or the Ma- hots'"""'" 
 jority of them, Ihali think mofl convenient, for the Eafe and Advantage of the 
 Inhabitants of the faid Town : And for defraying the Expence of building and 
 ereding tlie find Pound, Bridges, Public Wharf, Markt-t-houfe, and School- 
 houfe, the f lid Commiffioners fhall be allowed and paid, out of the Money alrea- 
 dy^arifcn, and not appUed, and which li> rtaftcr fhall arife, by the Sale of Lots' 
 in the faid Town ; any Law, Ufage, orCuifom, to the contrary, notwithftanding. 
 
 t V-'V. AND he it further Enacted, by the Authority afore faid. That the feveral Penalties how xt, 
 ■: Penalties in^this Ad mentioned, Ihall be recovered by a Warrant before Two of t^^'"'^ '"* 
 *.his Majsfty's Jufcices of the Peace, and be applied, by the Majority of the Com- 
 »-'■"' i miflioners 
 
204 LAWS of North-Carolina. 
 
 A. D. J74S. niiffioners of the faid Town, towards the erefting and building the faid Pound, 
 V ^ J Bridges, Public Wharf, Market-houfe, and School- houfe. 
 
 G ommiflioners VI. A N D be it further Enacted^ by the Authoriiy aforefaid^ That the Commif- 
 natkns, 'for the fioncrs of Edentoti may receive Donations and Subfcriptions, towards defraying 
 Schooi.houfe. jj^g Expences of building the School-houfe in the faid Town, and apply the fame 
 acco?;dingly ; and may, in their Names, or in the Names of the Commiffioners 
 for the Time being, commence Suits or Actions for the Recovery of any Sums, 
 given or fubfcribed to be paid, for the Purpofe atorefaid, by any Perfon or Per- 
 fons whofoever. 
 
 P/e»mtIe. 
 
 C H A P. X. 
 
 An ASiy for the better regulating the To'wn of Wilmington, and for con- 
 frming and efiablifnng the late Survey of the fame, with the Plan 
 annexed. 
 
 I. "CTTHEREAS the Inhabitants, and the greateft Part of the Proprietors 
 y Y of the Town ot Wilmington^ iiave been at a very confiderable Expence 
 in a Re-furvey, and forming of an exaft Plan, of the laid Town ; and being 
 unanimous in petitioning for the fame to be eftablifhcd by a Law : 
 
 •onfirmld." °*" ^^ 5 E it EuaEled^ by his Excellency Gabriel Johnfton, E[q^ -, Governort by and 
 with the Advice and Con font of his Majefiy^s Council., and Central Ajjemlly of this 
 Province^ and by the Authority of the fame ^ That the faid Plan, as annexed, Ihall 
 be, for ever hereafter, the true and exa<5t Plan of the faid Town •, by a Reltrence 
 to which, all Difputes in Regard to Streets, Squares, Lots, and their Boundaries, 
 are to be determined for the future. 
 
 Differences about III. BUT whercas by the Unfkilfulnefs of former Surveyors, and Negleft of 
 H^ufes"^&e? hf ^hs Proprietors, the Courfe of the Streets, and Bounds of the Squares and Lots, 
 the Town, how wcrc ncvef properly afcertained; by which many Houfes are mifplaced, feme in- 
 *"*' croaching upon the Streets^ and others upon the Lots of their Neighbours : For 
 
 Remedy whereof. Be it EnaUiedy by the Authority aforefaid^ That all fuch Houfes 
 as are now built, either wholly* or in Part, upon the Streets, fhall be allowed to 
 remain fo till they decay and fall to Ruin ; but as foon as the Owner of fuch 
 Houfe or Houfes may refolve to repair or rebuild the fame, the Street or Streets 
 fhall be by him cleared of all Rubbifli, and he be obliged to build fuch Houfe or 
 Houfes upon his or their Lot or Lots, under the Penalty of Fitty Pounds, Pro- 
 clamation Money ; to be recovered and applied as is herein after direded : And 
 where any Ov/ner or Proprietor has the Whole, or any Part, of his Houfe or 
 Houfes on his Neighbour's Lot or Ground, in fuch Cafe it fhail and may be law- 
 ful for the Party fo injured, by being deprived of Part of his Lot or Ground by 
 his Neighbour's Houfe, or any Part of it being built upon his, to give Notice, 
 in Writing, to the Owner or Proprietor of fuch Houfe or Floufes, to remove 
 what of the fame is on fuch Perfon's Lot or Ground, in Six Months after Date j 
 which he Ihall be obliged to do, under Penalty of Fifty Pounds, Proclamation 
 Money -, to be recovered in the Supreme Court of this Province, by the Fiirty fo 
 injured, and to be appplied to his proper Ufe, and to no other Purpofe whatfotvcr i 
 Neverthelefs, the Owner or Proprietor of a Houfe or Houfes, having Brick Chim* 
 neys, or Brick Cellars, may be at Liberty, and he is hereby allowed, to pay a 
 Ground Rent for what Part he incroachcs upon his Neighbour, v/here Notice or 
 Warning was not before given of fuch Incroachmcnt j which Rent, and all Dif- 
 
 puccfl 
 
 /. 
 
L A IV S o/" North-Caro L I N A. 205 
 
 ' '■'■<: 
 
 putvTS ahiiiig about Incroachmcnts and Damages upon Lots already committed, 
 (hall b; determined by the Commiffioners of the faid Town, to be ehofen as here- 
 in ait.r direiSted. 
 
 V?. D. 1745 
 
 >»— — .^ — . 
 
 IV. AND be it further Enacted^ hy the Authority aforefaid. That every Com- Compiamts to be 
 plaint of Nufances, by Lumber or Rubbifh lying upon the Streets, or Wharfs, S^^^^J;^,;^' 
 Dangers of Fire, arifing from Wooden Chimnies, or any fuch hazardous Build- 
 ings, (hall be determined by the Com.miiTioners as aforefaid. * 
 
 V. AND that proper Care may be taken in the Choice of Commlflloners, tieaionofCom- 
 Be it Enacted, by the Authority aforefaid. That the Eledcion of Commiffioners '"''^'"""S' 
 fhall be. Yearly, and every Year, by the Freeholders of the {liid Town, by Bal- 
 lot, as directed in the Law for Regulating the Elections of Members of Aflem- 
 
 bly, and that the Number of Five, and no more, fhall be ehofen CommifTionera 
 Annually, every New- Year's Day, except when fuch Day falls upon a Sunday, in 
 which Cafe the Ele6tion to be on the Monday following ; and Two Perfons, to be 
 ehofen by the Majority of the Inhabitants, as Infpedors of the Ballot, fliall attend, 
 and declare who are duly elefled CommiiTioners, in the fame Manner as in the 
 Law for Regulating Ele6tions of Aflfembly : And that upon the faid Five Com- 
 miiTioners being ehofen, and their Names properly entered in the Journal of the 
 Proceedings of the Town, they fhall, before tliey enter upon their Office, take 
 the following Oath : 
 
 I A. B. do fwear, 'That I will execute the Office of a Commiffiomr, faithfully and Their Oatjt^ 
 truly, "without Favour or Affe^ion, or Prejudice •, and in all Things act for the 
 Good of the faid Town, and the well governing of it, to the befi of my Skill and 
 Judgment* 
 
 So help me God^ 
 
 VI. AND that the faid Town of TVihnington may be mofe regularly fupplied Markets fettle*, 
 with Provifions, Be it Enacted, by the Authority aforefaid. That Thurfdays and 
 Saturdays, in every Week, are hereby appointed Market Days, for all Kinds of 
 Provifions and Goods whatfoever ; and the Commiflioners of the faid Town, for 
 
 the Time being, are hereby impowered to pafa fuch Orders as they may judge 
 proper, for the better Regulating the faid Markets, for preventing tainted or un- 
 wholfome Provifions being fold, for the better bringing to Juflicc, or profecu- 
 ting according to Law, in the Civil Courts of this Province, all Foreftallers of 
 the Market, private marketing, or buying or dealing with Negroes bringing 
 Provifions or other Goods without proper Tickets from their Mafters, MiftrelTes^ 
 or Overfeers, for preventing all irregular Mobbs and Cabals by Negroes and 
 others, efpecially on Sundays, for the more effedlually bringing to Jullice all fuch 
 Criminals and Offenders againft the Laws of this Province, and alfo' for preferv- 
 ing the Peace and Safety of the faid Town, by appointing proper Guards of 
 \Vatches in the faid Town, as often as they fee proper, fo as one of the Commif- 
 fioners fliall always be of the Number to make up the faid Watch, by giving his 
 Attendance in the Town-houfe, to be ready on all Occafions of Riots and Dif- 
 turbances, or to prevent Malefa6lors breaking the Prifon of Goal, and in all 
 Things to adl for the Good and Safety of the faid Town, and the proper Go- 
 vernment of it, confiftent with the Laws and Cufloms of this Province, 
 
 VII. AND forafmuch as the Inhabitants of the faid Town Were at a confidef- Public Meetingif 
 able Expence in building a Town-houfe, or Court-houfe, in the faid Town, by court-houfe/ 
 a voluntary Contribution •, Be it Enacted, by the Authority aforefaid. That the 
 CommiiTioners, and the Inhabitants, fhall have free Liberty to hold all their Pub- 
 lick Meetings on all Occafions in the Court-houfe, and have the Liberty of a Key 
 %) the fame. 
 
 F f f VIII. AND 
 
tSt^SftKt^^^ 
 
 206 L A IV S p/'North-Carolina. 
 
 A. D. 1745. 
 
 *^— y ' VIII. AND whereas many Streets in the faid Town are unpaflable and dan- 
 
 ian'Tax^"rde- gerous, foF Want of proper Bridges and Water-Courles, and proper Shambles 
 ftay neccffjry qj. 3 Market-placc is alfo wanted in the faid Town ; Be it Enacted, by the Authority 
 arges. aforefuid. That the Commiflioners, or the Majority of them, for the Time being, 
 
 may, and they are hereby impowered, to lay a Tax on all Male Taxables in the 
 faid Town, Yearly, towards defraying fuch neceffary Charges, or any which 
 may arife, by holding Watches, building or repairing Public Wharfs, or Bridg- 
 es, or other Public Charges, which may be agreed upon, at the Yearly Public 
 Eledlion, by the Majority of tlie Inhabitants of the faid Town ; fo as fuch Yearly- 
 Tax does not exceed One Shilling and Six Pence, Proclamation Money. 
 
 Commiffionerre- IX. AND he it further Enacted, by the Authority aforefaid. That any Per-^ 
 fufing to aa a- ^^^ htmg chofen CommifTioner for the faid Town, and refufing to ad, the other 
 
 notner to be .^ iTV/r"- c ^ /i..i,- 
 
 •hofcii. Commiflioners, or the Majority ot them, fhall choofe another, in his Room. 
 
 Fines appropria- X. AND be it further EnaBed, by the Authority afore faid. That all Fines 
 and Forfeitures, mentioned in this A61, unapplied, flaall be levied and applied tq 
 the Public Fund or Stock of the fiid Town. 
 
 Kd, 
 
 every Kefufal. 
 
 Inhabitants to XI. AND be it fufther Enacted, by the Authority aforefaid. That the Com- 
 ciear and repair mlflloners are hereby impowered to iffue their Warrant, at leaft Twice a Year, 
 I'cn. ofTs.' 8 d! to the Conflables, to warn all the Male Taxables to clear and repair the Streets, 
 ev'r^'u'^filfn/"' ^^ makc or mend the Public Wharfs, Docks, or Slips, and alfo to appoint Over- 
 fecrs ; and any Perfon neglcdling or refufing to work, as directed in the War- 
 rant, or to furnilh a good and fufficient Hand in their Place, Ihall forfeit and 
 pay Two Shillings and Eight Pence, Proclamation Money, per Day, for every 
 luch Refufal or Negleft ; to be recovered in the fame Manner as the Commif- 
 fioners of the Roads are impowered by Law : Which Money fo recovered, fhall 
 be applied towards hiring Labourers in their Place and Stead, and to no other 
 Purpofe whatfoever. 
 
 tttMki from XII- AND be it further Enacted, by the Authority aforefaid. That the Inha-* 
 i>rking o« the bitants of the faid Town, fliall, and they are hereby, for ever hereafter, excufed 
 from all Work on the Country Public Roads, during fuch Time as they live in 
 the faid Town, and no longer. 
 
 Public Roads, 
 
 rroprietori to XIII. AND whcFcas many Lots are not yet cleared, nor proper Drains or 
 •lear their Lots, Runs made, in many Places near the Parts of the Town where there are moll In-* 
 tm en. u aos. j^^j^jj-^^rits, to the manifeft Injury and Unhealthinefs of the faid Town -, Be it there* 
 fore Enacted, by the Authority aforefaid. That the Commiflioners for the Time 
 being, or the Majority of them, may, and they are hereby impowered, to order 
 the Proprietors of any Lot or Lots, to clear all, or any Part of them, and to 
 make proper Drains or Water-Courfes through them, in Six Months after fuch 
 Order, figned by the Commiflioners for the Time being, or the Majority of 
 them -, and any Perfon refufing or neglefting to comply with the fame, ihall for« 
 feit and pay Twenty Shillings, Proclamation Money. 
 
 Tax laid an t!ie XIV. AND whcrcas the Dangers arifing from Fire in the faid Town are very 
 Houfej, to pro- great, and a Necefllty appears for providing a Water-Engine, Buckets, Ladders, 
 J*i«,^T'^"' ^"^ ^'^^'^ Inftruments, neceflTary on fuch Occafions ; Be it Ena^ed, by the Au- 
 thority aforefaid. That every Houfe in the faid Town fhall be valued, after the 
 Expiration of Two Years next after the Ratification of this Aft, by the Commif- 
 fioner*, who are hereby impowered to lay a Tax on the Owner or Proprietor of 
 fuch Houfe or Houfes, at fo much per Cent, fo as fuch Tax does not exceed 
 Two psr Cent. Proclamation Money -, which Money fo laid and colle^ed, fhall 
 
 be 
 
LAWS of N OR TH-C A R OL I N A. 20/ 
 
 be applied towards purchafing one or more Water-Engines, Buckets, Ladders, ^- ^- ^'-^i- 
 and other Inftruments, for extinguifhing Fire j as alfo for an Alarm or Town "^ '^ ' 
 Bell : Which Inftruments lliall be under the Care and DirecStion of the Commif- 
 fioners for the Time being, to be ready on all Occafions of Fire. 
 
 i:t3nts 
 
 XV". A N D to fupply the Want of Commiffioners at prefent, Be H Enacted, infiahiu.... 
 ly the Authority aforefaid. That the Inhabitants of the faid Town be, and are '"''■'^''^.^ ^°'"" 
 hereby impowered and authorifed, to meet, on the Second 'Tuefday in May next, 
 jind choofe Five Commiiiloners, to aft 'til New- Year's Day next, and no longer. 
 
 XVI. AND he it further Ena£ied^ by the Authority aforcfaid^ That if at any CrJinar, keepers 
 Time, Twenty Days after the Ratification of this Ad, any Tavern-keeper, Or- '^} ^" !"ff''=' . 
 dinary-keeper, or any other Perfon or Feribns whatfoever, felling Liquor or Houiis^on'the 
 keeping a Public Houfc in the f:xid Town, Hiall fulfer any Perfon or Perfons pi"^','f ^^Y' "^ 
 whatfoever to fit tippling or drinking in his Houfe in Time of Divine Service 
 
 on the Sabbath Day ; or lliall fuffer any Perfon or Perfons to get drunk in his 
 Houfe on the Sabbath Day ; fuch Perfon or Perfons fo offending, fhall forfeit 
 and pay, for every fuch Offence, the Sum of Twenty Shillings, Proclamation 
 Money. 
 
 XVII. AND be it further E?ia£fed, by the Authority aforefaid. That if any Not to trud Sai- 
 Perfon or Perfons whofoever, in the faid Town, fliall, one Month after the Rati- {^Jj;- °\f^^^ "^ 
 fication of this Acl, on any Pretence whatfoever, give any Credit, Loan, or ° '"^ ' * 
 Trufl, to any Marintr or Seaman, belonging to, or under the Command of any 
 
 Mafler of a VefTel that now is, or lliall, at any Time hereafter, arrive in the 
 River of Cape-Fear, exceeding the Sum of Two Shillings and Eight Pence, 
 Proclamation Money, except by the Leave or Licence of the Mafler or Com- 
 mander of the VefTel he belongs to, or where fuch Sailor or Mariner fhall have 
 left the Ship or Veffel, to apply to the Courts of Juflice, in any Difpute or Con- • 
 f rover fy with the Captain or Cammander of fuch Ship or Veffel ; that then, 
 and in fuch Cafe, he, Ifie, or they, fhall, for every fuch Default, lofc all the 
 Monies and Goods fo trultcd or credited. 
 
 XVni. ANDbeit further Enabled, ly the Authority aforefaid. That if any no Perfon t« 
 Perfon or Perfons whofoever, fhall, willingly and knowingly, entertain, harbour, J^^bo"^ Saiior», 
 or keep, or fuffer to be entertained, harboured, or kept, diredly or indireftly, ''"^'■^"•^'40 3. 
 any Seaman, belonging to any VefTel, as aforefaid, in his, her, or their Houfe 
 or Houfes, exceeding the Space of Six Hours, without the Privity or Confent of 
 his or their Commander, (except as in the Cafe before excepted) he, flie, or they, 
 fo offending, fhall forfeit and pay the Sum of Forty Shillings, Proclamation Mo- 
 -ney, for every fuch Offence. 
 
 XIX. AND be it further Ena^ied, by the Authority aforefaid. That if any Right of Appni, 
 ^Perfon or Perfons fhall think him or themfelves injured, by any Determination 
 
 ,of the faid Commiflioners, luch Perfon or Perfons may appeal to the Juflices of 
 .the County Court ; who are hereby impowered to determine the fame in a flim- 
 /mary Way. 
 
 XX. AND be it further EnaEled, by the Authority aforefaid. That ail Fines Fines how to t* 
 and Forfeitures mentioned in this Ad, not exceeding Five Pounds, Proclamation 'Xf'* ^* 
 Money, fhall be recovered by a Warrant, under the Hands and Seals of the 
 CommifTioners, or the Majority of them, for the Time being, directed to the 
 Conitable or Bailiff of the faid Town, to be by him levied on the Goods and 
 
 Chattels of the Delinquent, and Public 5ale to be made of fo much of the fame, 
 after Ten Days Notice firft given of fuch Sale, as will difcharge the faid Sum or 
 Sums, and the Overplus, if any, to be returned to the Owner i and that all other 
 
 Fines 
 
2o3 LAWS of North- Carolina. 
 
 Fines and Forfeitures mentioned in this Acl, for any Sum above Five Pounds, 
 Proclamation Money, fhall be recovered by the Commiflioners, or the major 
 Part of them, or the Survivors of them, in any Court of Record of this Province, 
 by A6lion of Debt, Bill, Plaint, or Information, wherein no Effoign, Injunftion, 
 or Wager of Lav/, fhall be allowed or admitted of; and that the Fines and 
 Forteitures by them fo recovered, and not herein before particularly appropriated, 
 Ihall be applied and paid into the Stock of the faid Town. 
 
 In Cafe of Dearth XXI. A N D bc tt further Euacted, by the Authority afore faid. That if any 
 fioner°, iThTbil of the Commiffioncrs, chofen by Virtue of this Acf, Ihall die, or leave the Pro- 
 tant. to choofe yince, it fhall and may be lawful for the Inhabitants to meet, and choofe, as be- 
 fore directed, a Commiflioner or CommifTioncrs, in Place of him or them fo dy- 
 ing or leaving the Province -, and fuch Commiflioner or Commiflioners fo chofen 
 and eleftcd, fhall pofTefs and enjoy the fame Power and Authority as any other 
 of the CommifTioners, chofen as before dircfted \ any Thing in this A{51 to the 
 contrary, notwithftanding. 
 
 others. 
 
 C H A P. XI. 
 
 An A51, for Fencing the Town of Bath, and re-fiirveying the Common 
 
 belonging to the faid Town, and exe?nptin^ the hihabit ants from working 
 
 ■ on the Main Roads ; and to gi've Liberty to the Inhabitants to build on 
 
 and improve the Front or Water Lots, and to appoint CommiJJiojiers for 
 
 the Purpofes aforefaid. 
 
 p«a!hbi*. " I. T T T H E R E A S the inclofmg and fencing in the Town of Bath, will be 
 W "o^ o"-y commodious to the Inhabitants, but convenient to Traveller* 
 pafling that Way : 
 
 Inhabitants im • II. W E therefore pray that it may be Enadled, And be it Enacted, by his Ex- 
 InThrxow^'"" ffZ/fw^* Gabriel Johnfton, Efq; Governor, by andnvith the Advice and Confent of 
 bis Majejiy's Council, and General Ajfembly of this Province, and by the Authority 
 of the fame. That the Inhabitants of Bath-Town, at their own proper Cofls and 
 Charges, ihall be obliged to make, and keep in Repair, a good and fufhcient 
 Fence, with one large Gate, fit for Carts to pafs througli, and one lefTcr Gate,- 
 fit for Men and Horfes to pafs through. 
 
 Commimoncr. te III. A N D bc it further Enacted, by the Authority aforefaid. That the Com* 
 W » 1"^''' ^'^ mifTioncrs hereafter appointed, or the Majority of them, are hereby directed and 
 in Repair. '"' impowcred, to hire and employ Workmen, to make up or repair the faid Fence 
 and Gates, when the Majority of them fhall find it necefTary, and to compute 
 the Charge of the making and repairing the fame, on the firfl Tuefday in May^ 
 Yearly, after the Ratification of this A6t : And for defraying the faid Expence^ 
 the CommifTioncrs hereafter named, are hereby authorized and impowered, to 
 lay a Tax or Levy on each Taxable in the faid Town, for paying the faid Charge,' 
 not exceeding the Sum of Two Shillings and Eight Pence, Proclamation Moneys 
 Yearly. 
 
 rerf.n. rtfufing IV. AND be it further Enacted, by the Authority aforefaid. That if any of the 
 
 to pay the T.x, Inhabitants of the faid Town of Bath, or any other Perfon or Perfons holding of 
 
 "*' '**'*'^* pofTefTing Lots therein, fliall negleft or refufe to pay the faid Tax or Levy, ia 
 
 laid by the Commiflioners, as aforefaid, that then, and in fuch Cafe, the Commif- 
 
 fioners for the Time being, or the Majority of them, are hereby impowered to 
 
 fuo 
 
LAWS o/' North-Carolina. 2oq 
 
 fue for and recover the lame, by Warrant from any Juilice of the Peace for the ^- '^ '^45' 
 County of Beaufort. ^ — y ' 
 
 V. AND be it further EnaHed, by the Authority aforefaid. That if any Per- *'"'''"' ^''"'"2 
 fon or Pfrfons (hall pull down, talce away, or by any Means deltroy any of the foT"hf fifftOf^ 
 Rails of the faid Fence, or any Part thereof, and fliall be therof lawfully convi6l- f'""' «" f^"'"*^ 
 cd, by the Oath of one credible Witnefs, before one or more Juftices of the fecond^%o"s!' "^ 
 Peace, he, fhe, or they, fo offending, fhall forfeit and pay, into the Hands of 
 
 the CommilTioners, for the firft Offence, the Sum of Twenty Shillings, Procla- 
 mation Money ; and for the fecond Offence, being thereof lawfully convifted, 
 as aforefaid, the Sum of Forty Shillings, Proclamation Money -, to be recovered, 
 by the Commiflioners, by a Warrant from Two Juftices of the Peace : Which 
 Money fo by them recovered, fhall be by them applied towards repairing the faid 
 Fence. 
 
 VI. AND forafmuch as the Inhabitants of the faid Town know not exaftly '^" ^" ^^ ^^'^ °'' 
 the Bounds of their feveral and refpeftive Lots ; to prevent Dilputes for the fu- Wy theTowr, 
 ture. Be it further Enacted^ by the Authority aforefaid. That the ComniifTioners 
 hereafter named, or the Majority of them, are hereby required and impowered, 
 
 to employ the Surveyor-General, or his Deputy, to re-furvey the faid Town, as 
 near as poflible to the old Plan, that no Perfon may be damaged thereby ; and 
 the CommifTioners are hereby impowered to lay a Tax or Levy on each Lot, not 
 exceeding Two Shillings. and Eight Pence, Proclamation Money, to pay the Ex- 
 pence of furveying the fame ; which Money fliall be paid, by the Owners of the 
 faid Lot or Lots, into the Hands of the Com mifTioners : And every Owner or 
 Owners of fueh Lot or Lots fo furveyed, are hereby obliged to fet up Poffcs or 
 Stones for Land-Marks, in Prefence of fome of the CommilTioners, at the Time of 
 furveying the fame, under the Penalty of Forty Shillings, Proclamation Money ; 
 to be recovered and applied in the iame Manner as other Fines in this Ada are be- 
 fore directed to be recovered and applied. 
 
 Vp. ANDbeit further Enabled, by the Authority aforefaid. That the Common Common to t>t 
 belonging to the faid Town be alfo furveyed, at the Expence of the Inhabitants of E^e^e'o" ^^ 
 the laid Town ; and that -proper Land-Marks be fet on the Bounds of the fame, inhabiiant'j. 
 that Perfons may know where the lame are, and not commit Trefpafs on the 
 Lands adjoining. 
 
 VIII. A N D be it further Enacted^ by the Authority aforefaid. That the Inha- inhabitants cx~ 
 bitants of Bath-Town, be, and are hereby exempted from working on the Public fn7«?rRoi 
 Roads ; provided that the faid Inhabitants keep the Town inclofed, in Manner 
 aforefaid, and their Streets and Lots clear of all Incumbrances whatfoevef. 
 
 IX. A Nh he it further Enacted, by the Authority aforefaid. That all Perfons P'^-'fons may im. 
 which have, or which hereafter fliall take up any of the Front or Water Lots in p'"^*^*""^^"' 
 the faid Town, are hereby impowered to improve the fame, by building and 
 
 creding Warehoufes and Stores, or other Buildings, as to them fliall be mofl; con- 
 Tenient, for carrying on their Trade and Commerce. 
 
 X- ANDbeit further Enacted, by the Authority aforefaid. That Capt. Mi- comm;ffioner» 
 cbael Uutanch, Col. Benjamin Peyton, Mr. John RieUtffett, Mr. Robert Boyd, 'ppointed. 
 and Mr. Baniel Blinn, be, and arc hereby appointed Commiflioners for the faid 
 Town ot Bath, with Power and Authority to fue for and recover, of and from 
 any Perfon or Pirfons who fliall refufe to pay, their proportionable Part of the 
 Charges anflng and becoming due for any of the Purpofes aforefaid ; and on 
 Death or Removal of any of the above Commiflioners, the Majority of the Com- 
 
 G g g mif- 
 
2IO LAWS ^North-Carolina. 
 
 « 
 
 ^- D. 174^ miflioners fhall choofe others in the Room and Stead of thofe fo dyins: or 
 ^^ removing. 
 
 CHAP. XII. 
 
 An A^y to encourage Terfom to fettle in the Toivn of Brunfwick, on the. 
 Southweft Side of Cape -Fear River. 
 
 Prssmbie. L TXT* HEREAS Maurice Moore, late of Cape-Fear, Efq-, deceafed, ap- 
 y V propriated and laid out a certain Parcel of Land, containing Three 
 Hundred and Twenty Acres, on the Southwcjl Side of Cape-Fear, for a Town, 
 and Common, for the Ufe of the Inhabitants of the faid Town •, which faid Town 
 is called Brunfwick ; and the Honourable 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 Half an Acre each, many of 
 which are taken up, and good Floufes built thereon, and proper Places were ap- 
 pointed and given, by the faid Maurice Moore, for a Church, Court-houfe, and 
 Burial-Place, Market-houfe, and other Public Buildings : And whereas, by Rea- 
 fon of the Death of the faid Maurice Moore, and of John Porter, of Cape-Fear^ 
 Efqi who claimed to hold Part of the faid Lands laid out for a Town, by Grant 
 from the faid Maurice Moore, it is not certainly known to whom the faid Lands 
 belong, fo that fure Titles may be had to the Lots as yet unfold, which is a greac 
 Difcouragement to the fettling the faid Town : And whereas the Trade of Cape- 
 Fear River confifts in Naval Stores, Rice, and Lumber, Commodities of great 
 Bulk and fmall Value, all due Encouragement ought to be given to large Ships 
 to come into the faid River, to take off the faid Commodities ; and as all large 
 Ships which come into the faid River, arc obliged to lie at Brunfwick, and that 
 Town, for Want of a fufficient Number of Inhabitants, and' by Reafon of the 
 cafy Navigation thereunto, is much expofed to the Invafion of Foreign Enemies 
 in Time of War, and Pirates, in Time of Peace, nothing can be a greater En- 
 couragement to Ships to come there, than a Certainty oT being well fupplied with 
 NeceiTaries, and well fecured, during the Time they lie there, which can no 
 Way be better done, than by increafmg the Number of the Inhabitants of the 
 faid Town : For the effefting of which, and remedying the Inconveniencie* 
 above mentioned, and fettling and fccuring the Titles to the faid Lots in the faid 
 Town •, 
 
 TowB nveHcQ in 11. W E pray your Moft Sacred Majefty that it may be Enafted, J/id le it 
 Conimiftoneii. Ena^ed, by his Excellency Gabriel Johnllon, Efq; Governor, by and with ths 
 Advice and Confent of his Majejly*s Council, and the General Jffembly of thii 
 Province, and by the Authority of tBe fame. That the faid Lands appropriated 
 and laid out for a Town, and Common, by the faid Maurice Moore, and Roger 
 Moore, be, and they are hereby declared to be, from henceforward, invefted in 
 the Honourable Edward Mofely, and Roger Moore, Efqrs. and William Dry^ 
 John Wright, and Richard ^dnce. Merchants, in Fee, to and for the Truft and 
 Purpofes herein after mentioned, and their SucceiTors, as Commiffioners for the 
 faid Town of Brunfivick\ to be difpofed of in Manner and Form as herein after 
 diredted. 
 
 Commirtloneiir 
 dying, &c. others 
 
 _^ ^^^ __ III. AND he it further Enabled, by the Authority aforefaid. That on the 
 
 ro beih9(>nr"° Death or Departure of any of the faid Commiflioners out of this Province, at any 
 Time hereafter, the remaining Commiffioners, or the Majority of them, arc 
 hereby fully authorized and impowered, to eleft and choofe fomq other Perfon or 
 
 Perfons 
 
LAWS ^"North-Car.olina. 211 
 
 Perfons to fuccced fuch Commifiioner or Commiflioners fo dying or departing, -^^ d. »-,^. 
 
 --^r- 
 
 as aforefaid ; which Perfon or Perfons fo elc6led or chofen, fliall be, and they are 
 hereby inveftcd with as full Power and Authority, to all Intents and Purpolls, 
 as if they had been particularly named in this Act. 
 
 IV. AN D'be it furlher Enacted^ by the Authority aforefaid. That the Hon- Treafurcr ap- ' 
 curable Roger Moore^ Efq-, Ihall be Treafurer and Receiver of all the Monies P'^'"''"^* 
 arifing, or to arife, by the Sale of the faid Lots ; and on his Death, or Departure 
 
 out of this Province, then the Majority of the Commiffioners to choofe another, 
 he giving Security, to the faid Commiffioners, that he will be accountable for all 
 the Monies which he fliall receive for the faid Lots. 
 
 V. ANBbe it further Enacted, by the Authority aforefaid. That the faid commiiTicncr. 10 
 Commiflioners, or any Three of them, as foon as they conveniently can, Ihall iayoutthLT<Avn 
 lay out fo much of the faid Lands, fronting the River, for a Town, into Lots streets. "" 
 
 of Half an Acre each, with convenient Streets and Paffages, as they Ihall think 
 fufficient, and the Remainder thereof not laid out into Lots, fhail be, and it is 
 hereby declared to be a Common, for the Public Ufe of the Inhabitants of the 
 fuid Town ; a Plan of which Town and Common, the Commiffioners fhall record 
 in the Secretary's Office •, by which Plan fo recorded, all Difputes hereafter con- 
 cerning the Lots, Streets, and Paflages of the faid Town, and alfo the Com- 
 mon, Ihall be decided. 
 
 VI. AND be it further Enacted, by the Authority aforefaid. That if the faid To layout pro- 
 Commiiffioners, or the Majority of them, fhall think the Places already laid out chir'h" Bu'iTaU 
 for a Church, Burial-place, Market-houfe, and other Public Buildings, not con- place, Lc 
 vcnient for the faid Ufcs, that then the laid Commiffioners, or the Majority of 
 
 them, Ihall lay out and appropriate fuch other Places for the Ufes aforefaid, as 
 th(?y fliall think moll convenient. 
 
 VII. AND be it further Enabled, by the Authority aforefaid. That every Per- To onvcy Lots 
 fon who is willing or defirous to be an Inhabitant of the faid Town, fhall have on PaYmfnc'^'of 
 Liberty to take up any Lot or Lots fo laid out as aforefaid, and not before taken 3 '. 
 
 lip, paying unto the Treafurer or Receiver for the Time being, the Sum of Three 
 Pounds, Proclamation Money ; which Lot or Lots the Commiffiioners aforefaid, 
 or any Three of them, are hereby required, direded, and impowered, to grant 
 and convey to the Perfon fo taking up the fame, and to his tieirs and Affigns, 
 for ever ; Forty Shillings 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 Shillings, Remainder thereof, to the Churchwardens of St. Philip'^ 
 Pariffi, in New-Hanover County ; to be difpofed of as the Veftry of the faid Pa- 
 rifli fliall direa. 
 
 VIII. P ROV ID ED always. That if any Perfon fliall take up or purchafe L"" '" ^^ ^^""^ 
 any Lot, in Manner as before diredled, and fliall not build thereon, within Two forfdted.""' "' 
 Years alter the Date of the Conveyance for the faid Lot, a good fubfl:antial habi- 
 table Houfe, of the Dimenfions of Twenty Feet lo^i^g, and Sixteen Feet wide, 
 
 without Slicd, or make fuch Preparation for fo doing as the Commiffioners, or 
 the Majority of them, fliall judge reafonable, then every fuch Conveyance fliall 
 be null and void, to all Intents and Furpofes, as if the fame had never been 
 made •, and any other Perfon or Perfons fliall have free Liberty to take up the 
 faid Lot or Lots, in the fame Manner as before is directed, as if the fame had 
 never been before taken up. 
 
 IX. AND be it further Enabled, by the Authority aforefaid. That all Money Moneyarifingiy 
 arifing by fuch Second or other Sale of the faid Lot or Lots, fliall be paid, by ^^'^ "^ ^""^""^ 
 
 the 
 
212 LAWS o/'North-Carolina. 
 
 A. D. 1745. j-iie Treafurer or Receiver, to the Churchwardens of St. Philip's Parilh aforefaid, 
 *-^-V ' to be difpofed of as the Vcftry of the fuid Parilli fliall diredl. 
 
 Lots, ti) be paid 
 to the Parjfh. 
 
 commiffionerjto X. AND be it further Ena^ed, hy the Authority aforefaid. That the Commif- 
 
 feii one Lot, to fioners, or the Maiority of them, Ihall have full Power and Authority, and they 
 
 pen« of ''hying are hereby authorized and impowered, to fell and convey, in Manner aforefaid, _ 
 
 out the Town. ^^^ qj. j^Qj-g of the faid Lots, as they Ihall find neceffary •, and apply the Money 
 
 arifing by the Sale of the faid Lots, to defray the Charges they fhall be at in fur- 
 
 veying and laying out the laid Lots, and Common, and making and recording 
 
 the Plan thereof. 
 
 Wh ft 11 be a XI. AND he it further Enacted, hy the Authority aforefaid. That every Per- 
 
 good Title to fon who is now feized and poiTeffed of any Lot, and hath, by himfelf, or thofe 
 
 own'c "'''''^ ot*^ under whom he claims, been fo feized or poffeiTed for Seven Years, laft pall, and 
 
 prove it, cannot produce any Title to the fame, fhall make it appear to the Commiflioners, 
 
 or the Majority of them, that he purchafed the faid Lots, bona fide •, and if the 
 
 faid Commiflioners, or the Majority of them, fnall be fatisfied that he purchafed 
 
 the faid Lots, bona fide, then they fhall give him a Certificate thereof, under 
 
 their Hands and Seals : Which Certificate, being regiflred in the Regifter's OJiice 
 
 of New-Hanover County, fhall be a fufficient Title againfl all Titles bearing 
 
 Date after the Ratification of this A6t ', and where any Lot doth belong to any 
 
 Perfon deceafed, his Executors or Adminiftrators fhall have the fame Liberty or 
 
 Privilege. 
 
 tnt. not difposM Xli. AND he it further Enacted, hy the Authority aforefaid. That if any Per- 
 
 ofbyProprutnts, foj^ or Perfons, pofTefled of any of the faid Lots, die without Heirs, or fhall not 
 
 Commiffioncrs!'' make Difpofition thereof by Will, or otherwife, then, and in fuch Cafe, the faid 
 
 Lot or Lots fhall revert to the faid Commiflionefs ; and fhall be fold by the 
 
 CommifTioners aforefaid, for as much as they can get ; and the Money arifing by 
 
 fuch Sale, fhall be difpofed of by them for the Ule of the faid Town. 
 
 Vc-ftries to be XIII. AND for the bettei' Encouragement of Perfons to fettle in the faid 
 held in Town. Xown Be it EnaHed, hy the Authority aforefaid. That from and after the Rati- 
 fication of this A6t, all Veftries for the faid Parifh, fhall be made and held in the 
 Town of Brunfwick, and at no other Place whatfoever. 
 
 XIV. A N D be it further Ena£fed, by' the Authority aforefaid. That the 
 Church for St. Philif% aforefaid, fhall be built in the faid Town of Brunfwick. 
 
 ^omm>„,onersto XV. AND he it furthcr Enacted, by the Authority aforefaid. That the Com- 
 temoveNufances. miflioncrs aforcfliid, or any Three of them, fhall have full Pov/er and Authority, 
 or"o^e''wi^h"^ and they are hereby authorized and impowered, to remove all Nufances, or what 
 Ports and Rails, jj^gy ^^^\\ judge Nufances, within the Limits of the faid Town, and fhall not 
 fufFer any Perfon, Owner of any Lot or Lots in the faid Town, to inclofe the 
 fame with a Common Stake or Worm Fence ; but every Perfon who will inclofc 
 a Lot or Lots, fhall inclofe the fame with Pales, or Pofts and Rails fet up -, and 
 if any Perfon or Perfons, after Notice given, fhall not take away and remove 
 fuch Stake or Worm Fence, then, and in fuch Cafe, the faid CommifTioners, or 
 any Three of them, fhall order the fame to be taken away, at the Cofls and 
 Charges of the Perfon who is in PofTefTion of the faid Lot or Lots : And if the 
 PofTetVor refufes to pay for the fame, then any Three of the CommifTioners afore- 
 faid, are hereby impowered and authorized to grant a Warrant, under their 
 Hands and Seals, direfted to the Conflable of the faid Town, to levy the fame, 
 by Diftrefs and Sale of the Offenders Goods, returning the Overplus to the Ow- 
 wer •, and the faid Conitable is hereby required tQ execute the faid Warrant. 
 
 XVI. AND 
 
 Church to be 
 built in Townt 
 
 Commiffioners to 
 
L A JV S o/" North-Carolina. 21^ 
 
 ^. D. J745. 
 
 XVI. ANDbeit further EnnEled^ by the Authority afcrefaid. That all and "T"""^ ' 
 
 every. Perfon and Perfons, Poffeffors or Owners of any Lot or Lots in the f;ud dcarthdr Lots 
 Town, Ihall, within One Year after the Ratification of this Act, clear all and "'^'''" * "^'"'■■ 
 every fuch Lot and Lots by them held or polleffed, of all Wood, Underwood, 
 
 Brufli, or Grubbs, growing, Handing, or being on the faid Lots. 
 
 XVII. AND be it further Enacted^ by the Authority aforefaid^ That if any i*" t^fy nee,ic<f> 
 Perfon or Perfons, Poffeffor or Owner of any Lot or Lots in the (laid Town, comnvjLni'rto 
 Ihall omit or negleft to clear the fame, as above direfted, within the Time above '.'^^"^ itd<me, at 
 limited, and keep and maintain the fame fo cleared, then, and in fuch Cafe, the charsi!^'''"^" 
 CommilTioners, or any Three of them, fliall caufe the fame to be cleared, at the 
 
 Cofts and Charges of the Party offending ; and if the Party fo offending, fhall, 
 upon Demand made, refufe to pay fuch Sum or Sums as the CommifTioners, or 
 any Three of them, fhall order, for clearing the fame, then the faid Commif- 
 fioners, or any Three of them, fhall iflue a Warrant, under their Hands and 
 Seals, to the Conftablc of the faid Town, to levy the fame, by Diflref?, and 
 Sale of the Offender's Goods, retaining the Overplus, after all Charges are paid. 
 
 XVIII. AND be it further Enabled, by the Authority aforefaid. That if at o-dinaryke^pers 
 any Time, after Twenty Days after the Ratification of this Act, any Tavern- JUnrinThc?' 
 keeper. Ordinary-keeper, or any other Perfon or Perfons whatfoever, fellino- "°"'"" <-" ''>= 
 Liquor, or keeping a Public Houfe in the faid Town, fliaJl fufier any l-'erfon or cf 10 s!' °" ^'"' 
 Perfons whatfoever to fit tippling or drinking in his Houfe, in Time of Divine 
 
 Service on the Sabbath Day, or fhall fuffer any Perfon or Perfons to get drunk 
 in his Houfe on the Sabbath, fuch Perlbn or Perfons fo offending, fhall forfeit 
 and pay, for every fuch Offence, the Sum of Ten Shillings, Proclamation 
 Money. 
 
 XIX. AND be It further EnaSied^ hy the Authority aforefaid^ That if any Not to truft Sai- 
 Perfon or Perfons whatfoever, in the laid Town, fhall, one Month after the Ra- S! on'^^i'LA^f 
 tification of this A(5t, on any Pretence whatfoever, give Credit, Loan, or Truff, '"finE ^u above 
 to any Mariner or Seaman, belonging to, or under the Command of the Com- 
 mander or Mafler of any Veffel, that now is, or fhall at any Time hereafter, ar- 
 rive at Brunfwick, above the Sum ^ Two Shillings and Eight Pence, Proclama- 
 tion Money, except by the Leave or Licence of the Mafler or Commander of 
 the VefTel he belongs to, or where fuch Sailor or Mariner fhall have left the Ship 
 or VefTel to apply to the Courts of Juflice, in any Difpute or Controverfy with 
 the Captain or Commander of fuch Ship or VefTel ; that then, and in fuch Cafe, 
 he, fhe, or they, fhall, for every fuch Default, lofe all the Monies and Goods 
 fo trufled or credited. 
 
 that Sum. 
 
 XX. AND be it further EnaHed, by the Authority aforefaid^ That if any n» ferfon «o 
 Perfon or Perfons whatfoever fhall, willingly and knowingly, entertain, retain, |^^';t™'- i^-- «"- 
 
 11 1 niii 1 <-r»- tcrtain bailors, 
 
 harbour, or keep, or fhall, direcfly or mdireftly, fufTer to be entertained, re- onPen. of4os. 
 
 tained, harboured, or kept, any Seaman or Mariner, belonging to any VefTel 
 
 aforefaid, in his, her, or their Houfe or Houfes, exceeding the Space of Six 
 
 Hours, without the Privity and Confent of his or their Mafter or Commander, 
 
 or one Hour after, againft the Confent of the Mafler or Commander, (except as 
 
 in the Cafe before excepted,) he, fhe, or they, fo ofTending, fliall forfeit and 
 
 pay the Sum of Forty Shillings, Proclamation Money, for every fuch Offence. 
 
 XXI. AND be it further EnaSfed^ by the Authority aforefaid^ That if any OrJinaryktepcrj 
 Perfon who keeps a Public tloufe, fhall, after the Ratification of this Ad, en- saUoM at'^Nightl 
 tertaiii, retain, harbour, or keep, or fufTer to be entertained, retained, har- "" ''"■"• °^ 10 '• 
 boured, or kept, any Seaman or Mariner, belonging to any VefTel as aforefaid, 
 
 H h h after 
 
214 Z/^/^aSc/' North-Carolina. 
 
 ^ D. ,745^ afj-^jj. Eigiit of the Clock, in the Winter, at Night, and Nine of the Clock, In the 
 v Summer, at Night, except the Seaman or Mariner hath Leave from his Maft^ 
 
 or Commander, in Writing, to be on Shore, (except as in the Cafe before ex- 
 cepted,) he or fhc fo offending, fhall forfeit and pay the Sum of Ten Shillings, 
 Proclamation Money, for every fuch Offence. 
 
 This Aa to be XXII. AND be it further EnaSled^ hy the Authority aforefaidy That in Cafe 
 f^ainft .,ny'th"ng ^"7 P^rfon or Pcrfons whatfoever fliall be fued or molefted for any Thing done 
 done in Con- in the Exccution of this Ad, he, Ihe, or they, fhall and may plead the General 
 tempt It. i^^Q^ and give this Adl in Evidence i and the Judge or Judges Iliall allow 
 thereof. 
 
 recoverable. 
 
 Penalties appro- XXIII. A N D be it further Enacted, by the Authority aforefaid. That all Pe- 
 pr,ated,andhow naltics and Forfeitures by this A<5b made and impofed, fhall be, one Half to the 
 „,ui. Veftry and Churchwardens of St. Philip*^ Parilh aforefaid, and the other Half to 
 him or them who will fue for the fame ; to be recovered by a Warrant from 
 any one Juftice, if the Sum doth not exceed Twenty Shillings, Proclamation 
 Money •, and if the Penalty or Forfeiture exceed that Sum, then by a Warrant 
 from any Two Juftices. 
 
 S I G N E D by 
 
 Gabriel Johnston, Efq; Governor 
 
 Nathaniel Rice, Prefident. 
 
 Samuel Swann, Speaker* 
 
 W % Wit -^ w 
 
 jjf -ifi "Jjr 'ijC" , 
 
 Ann<5> 
 
LAWS of North -Carolina. 
 
 215 
 
 J. D. 1746. 
 1.. — ^ 
 
 
 w, 
 
 Anno Regni 
 
 G E O R G 1 1 II 
 
 Regis, Magnce Britannice, Franci(je, &: 
 Hihernice, Viceffimo. 
 
 At a General ASSEMBLY, held at Neojohern, the gabriei. 
 
 , - , y. JOHNSTON, 
 
 Twenty Eighth Day of Jime, in the Year or our Lord "Efq> Governor. 
 One Thouflmd Seven Hundred and Forty Six. 
 
 CHAP. I. 
 
 ji?i ASfy for the better Regulating the Militia of this Go'uerfWJent , 
 
 WH E R E A S the Safety of this, as well as 
 Colonies, 
 
 thereof ; 
 
 all other well governed ^''"mbiff. 
 greatly depends upon the well Regulating the Militia 
 
 II. W E pray your Moft Sacred Majefty that it may be Enafted, And he it M''!''* %^l'^^ 
 Ena£ied^ by his Excellency Gabriel Johnfton, Efq ■■, Governo^'^ hy and with the from 16 Years ot 
 Advice and Confent of his Majefty' s Council, and the General Ajfembly of this f),f J-,?^.^^°,'cr! 
 Province, and by the Authority of the fame. That from henceforward, the tains to return a 
 Militia of this Government Ihall confift of all the Freemen and Servants within eip^Jieftothe 
 the fame, between the Age of Sixteen Years, and Sixty; and the feveral Captains coionei,oni'«n, 
 of the MiUtia in this Province, fhall, within Four Months next after the i'ubli- °^ '"'• 
 cation of this Adt, take the Lift of the Names of all fuch Freemen and Servants, 
 within the Diftrifts of which their feveral Companies fhall confiit, and return a 
 Coppy thereof to the Colonel of the Regiment, under the Penalty of Ten Pounds, 
 Proclamation Money ; to be levied by a Warrant from fuch Colonel, to be ap- 
 plied as herein after is direded. 
 
 in. A N D be it further EnaEled, hy the Authority aforefaid. That when fuch .^ffrV.'J'! 
 
 T •/! I ^ - .■'-/ */ J J r \ Hicli L<*tts once ** 
 
 Lilts are taken as aforefaid, the laid Captain (hall, once every Year, irom hence- yea,-, under the 
 forward, viz. in the Month of October, take new Lifts of all the Freemen and i'^^^ i'^"^''^* 
 Servants in their faid feveral Diftrifts, and return Copies thereof, as before 'di- 
 reded, under the like Penalty of Ten Pounds ; to be levied and applied as here- 
 after in this Aa is direaed. IV. AND 
 
2i6 LAWS c/' North-Carolina. 
 
 A D. 1746. 
 
 s._ — ^ -y YV. AND be it further Enacted, by the Authority aforefaid^ That any Perfon 
 
 !l"fufint: t^rlp! or Perfons, after having been fo inlifted, who fhall, at any Time hereafter, (un- 
 psar w-.tii Arms Jefs rendered incapable by Sicknefs or Accident,) tail or refufe, on Notice given, 
 on, to^pTy "^ j' to appear, at fuch Times and Places within the County, as lliall, from Time to 
 4 d. and as. 8 d. Time, be appointed, by the Colonel or Commanding Officer of the Regiment 
 tviihout Arms, to wluch he belongs, for that Purpofe, there to be muftered, trained, and exer- 
 cifed in Arms, or that fhall not, at fuch Times and Places, be well provided 
 with a Gun, fit for Service, a Cartouch Box, and a Sword, Cutlafs, or Hanger, 
 and at leaft Twelve Charges of Powder and Ball, or Swan Shot, and Six fpare 
 Flints, fhall forfeit and pay, for his Non-appearance, the Sum of Five Shillings 
 and Four Pence, Proclamation Money •, and in Cafe they do appear, they Ihall 
 forfeit and pay Two Shillings and Eight Pence, like Money, for Want of any 
 Serjeant to levy of the Arms, Accoutrements, or Ammunition, as aforefaid •, to be levied by a 
 Lie Ts'. f" Lis Warrant from the Captain of the Company, direfted to the Serjeant of the fame. 
 Fee; and liable -^yho Ihall mftkc Retum thereof to the Captain -, which Serjeant Ifiall be paid Two 
 51. Vo'r n.'gi'ea- Shillings, Proclamation Money, by the Offender, for ferving the fame : And in 
 jng his Duty. Qq^q f^(-l^ Serjeant or Serjeants fliall retufe or negle6t to ferve any Warrant or 
 Warrants to him or them fo direded, he or they, on Refufal or Negledl thereof, 
 fhall be fined Five Pounds, Proclamation Money •, to be recovered by a War- 
 rant from the Captain, direfted to any other Serjeant, under the fame Penalty ; 
 to be applied as other Fines in this A6t arc directed and appointed : Provided 
 that no Perfon fhall incur the Penalty for appearing in the Field without a Car- 
 touch Box, or Cutlafs, Sword, or Hanger, until the Expiration of Six Months, 
 after the Ratification of this A6t. 
 
 Ferfons exempted V. PROVIDEt) atways. That no Minifrer of the Church of England, 
 fromn^-ftenng, ^o Member of his Majcfty's Council, no Member of AfTcmbly, Secretary, At- 
 torney-General, praflifing Attorney, no Man who has been a Field-Officer, or 
 Captain of the Militia of this Province, or Commiffioned Officers which have 
 ferved in the Army, no Juflice of the Peace, no praftifing Phyfician or Chirur- 
 geon, no Clerks of the Courts of Juflice, no Perfons tending Public Mills, or 
 Ferries, ihall be obliged to inlifl themfelves, or attend fuch Muflers, as aforefaid. 
 
 In Cafe of an In- "^I- A N B be it Enabled, by the Authority aforefaid^ That in Cafe of any In- 
 vafion, Perions vafion of thls Provlncc, or Expedition to be carried on againfl an Enemy within 
 peaf withAtms the Province, it fhall and may be lawful for the Governor or Cammander in 
 ^ndAmmun.tion ciiigf^ to raifc all, or fo many of the Forces of this Government, as he fhall 
 the Country, to think rieccfTary, for oppofing the faid Invafion, or fupporting the faid Expedi- 
 forfeit 10 1. j.JQj^ , apjfj any Perfon whatfoevcr, who fhall refufe or negledr, on Notice ca: 
 Alarm given, to appear at fuch Times and Places as fhall be appointed by his 
 Captain, or other Officer, with Arms, Ammunition, and Accoutrements, a& 
 aforefaid, or fhall refufe to march againfl the Enemy where commanded, within, 
 this Province, or refufe any other Duty the Defence of the Country may require, 
 fhall forfeit and pay, for either of the faid Offences, Ten Pounds, Proclamation 
 Money •, to be levied by a Warrant from the Colonel or Commanding Officer 
 for that Service : And that the refpedtive Officers to whom fuch Invafion fhall 
 be hrfl made known, are hereby authorized to command and order the Men un- 
 der their Command, to mount Guard, march againfl the Enemy, and do any 
 other Duty as the Defence of the Country may require, and continue the Alarm 
 vintil the fame is made known to their fuperiour Officers. 
 
 In c.fe of sny VII. ANT) be it further Enacted, by the Authority aforefaid^ That In Cafe of 
 \T,S\fs!uth. ^"y Invafion of die Provinces of Virginia^ or South-Carolina^ it fhall and may be 
 CaJir.a, the kwful fot the Govcmor and Commander in Chief for the Time being, to raife fo 
 Governor to «ife j^^^^y ^f j]^g Fojces of tliis Government as fliall be thought necefiary, to give 
 
 proper 
 
Proclamation 
 
 Money 
 
 , /. 
 
 s. 
 
 d. 
 
 - 
 
 - 
 
 o 
 
 12 
 
 6 
 
 - 
 
 
 o 
 
 lO 
 
 o 
 
 - 
 
 - 
 
 o 
 
 lO 
 
 o 
 
 ^ 
 
 - 
 
 o 
 
 7 
 
 o 
 
 - 
 
 
 o 
 
 7 
 
 6 
 
 - 
 
 
 o 
 
 5 
 
 o 
 
 - 
 
 - 
 
 o 
 
 4 
 
 6 
 
 - 
 
 - 
 
 o 
 
 4 
 
 o 
 
 - 
 
 
 o 
 
 3 
 
 6 
 
 - 
 
 - 
 
 o 
 
 3 
 
 o 
 
 L A iV S o/' North -Carolina. 217 
 
 proper Releif Co fuch of the Provinces atorefaid as (hall be invaded, and to march ^- ^- '746. 
 them to their Aflii'tance, at the Kxpence of the Province defiring fuch Afliilunce •, ^,,Jf,7^ p'Tces 
 which Number of Forces Ihall be draughted out of the feveral Regiments of this f.n'ihcRa.ct of 
 Province, and each Regiment to furnilh a proportionable Number of Men* fo [^f ExJIn^'' "f 
 to be draughted and fent to the neighbouring Colony. the fame. 
 
 VIII. AND be it further Enacted^ ly the Authority af ore/aid^ That the re- 
 fpedive Officers of the Militia, and the private Men, when in actual Service, 
 fliall, from the Day they are ordered on JL/uty, be paid according to the Rates 
 following i to wity 
 
 A Colonel, per Day, - - - - -0126 Wagos of the 
 
 « T • /"■ 1 I -» „ Militia, when in 
 
 A Lieutenant Colonel, - - - - o 10 o ^^^,^1^^^ 
 
 A Major, 
 
 A Captain, _ _ - 
 
 An Adjutant, _ _ - 
 
 A Lieutenant, and Chirurgeon, each. 
 
 An Enfign, , - - 
 
 A Serjeant, _ - - 
 
 A Corporal, and Drummer, eachj 
 
 Every private Man, 
 
 IX. AN D be it further Enacted., by the Authority aforefaid^ That if any Per- provif.onforPer. 
 fon Ihall be fa difabled in the Service of the Country, as not to maintain himfelf {^X/jn't'hfser' 
 or pay for his Cure, he Ihall be cured at the Public Charge, and have one good viceoft"heCoun' 
 Negro Man purchafed for, and given to him, at the Charge of the Public, tor ^^• 
 
 his Maintenance j and if any one fhall be killed, the Public fliall make the fame 
 Provilion for his Wife or Family. 
 
 X. AND be it further EnoMcd., by the Authority aforefaid. That fuch Perfons Perfons cxemptei 
 who by this Ad: are exempt from tnlifting themfelves or appearing at Mufters, ^jjj^ of Danger" 
 Ihall be ready, at any Time of Danger, (Sicknefs or Accident always excepted,) with Arms and 
 to attend the Commands of the Governor or Commander in Chief for the Time att^"d"the"G'm° 
 being, within this Province, compleatly furnilhed with Arms and Ammunition, ^^^'^^ ^^ '^^^ 
 as aforefaid, on Penalty of Twenty Pounds, Proclamation Money ; to be levied Pcn. 'of 30 1. 
 by a Warrant from the Colonel, direfted to the Sheriff of the faid County, who 
 
 iliall return the fame, together with the aforefaid Fine, under the Penalty of For- 
 ty Pounds, Proclamation Money ; to be recovered by the faid Colonel, by 
 A(ftion of Debt, in the General Court of this Province. 
 
 XI. AND be it Enn5led, by the Authority aforefaid^ That if, during the Soidier* refufinj 
 Time of Mufter, any Soldier fliall refill hi? lawful Officer, or refufe to obey his '^^^^^f^ ^^^^r^ 
 lawful Commands, fuch Soldier fliall be punilhed, at the Difcretion of the Cap- officers, to be 
 tain, with the Lieutenant or Enfign, by being tied Neck and Pleels, piquetted, ^""'EtLy'ot 
 or riding the Wooden Horfe : And if any Perfon, upon Duty, during the Time Defertion, to be 
 of any Alarm, Invafion, or Expedition againfl: the Enemy, fliall defert his MartiaC """* 
 Colours, or be mutinous, it fliall and may be lawful for one Field-Officer, or 
 
 more, Four Captains, Four Lieutenants, and Three Enfigns, or the Majority of 
 them, with one Field-Officer, openly to hold a Court-Martial, firft: taking the 
 Oath ufualy taken at Court Martials, and on Tryal and Conviction, to punifli 
 the Offender according to Martial Law, as the Nature of the Crime fliall require ; 
 and for Want of a fufficient Number of Officers to compofe a Court-MartiaJ, the 
 Offender fliall be kept i:nder a Guard until fuch Time as there be a fufficient 
 Number of Officers to hold a Court-Martial as aforefaid. 
 
 I i \ XII. AND 
 
2i8 LAWS (9/^North-Carolina. 
 
 j^. D. 1746. 
 
 V — -\^—^ XJI. A N D be it further Enacted, by the Authority aforefaid. That the Cap- 
 
 ^'tobrappHeJ f^i^s fhall apply all Fines received, and hereafter to be received by them, towards 
 
 in purchafir-s purchafiHg Drums, Colours, and other Implements of War, or Ammunition,. 
 
 ^wf.f, ur., -^^ ^^^ ^^ ^^^ ^^^ ^^ ^^^ Company whereof he is Captain 5 and fhall alfo ac«.' 
 
 count, on Oath, once every Year, with the Colonel or Commanding Officer of 
 
 the County, for all fuch Fines received, or that he Ihall or may receive, in Vir- 
 
 No Captain to tuc of this Aft ; and that no Captain Ihall, hereafter^ compound for any Fine 
 
 compound for a- hgrgafter accruing due, under the Penalty of Ten Pounds, Proclamation Money ; 
 
 cfio^'"" '^ ' to be recovered by a Warrant from fuch Colonel or Commanding Officer, as 
 
 herein before direfted ; and fuch Colonel or Commanding Officer fhall make a 
 
 Report thereof to the Captain-General or Commander in Chief for the Time 
 
 being. 
 
 Colonel of every XIII. AND bc it further Ena^ed^ by the Authority aforefaid. That the 
 ^akc"'"G-nerai Coloncls of cach and every Regiment in this Province, fhall, once every l^ear, 
 Mufter once a caufe a Gcncral Mufter to be made of their refpeftive Regiments, at fuch Times 
 and Places within each leveral County, as they Ihall think proper to appoint ; 
 which, if any of them fhall neglect or refufe to do, he or they fo offending, fhall 
 forfeit and pay the Sum of Twenty Founds, Proclamation Money •, to be reco- 
 vered by a Warrant from his Excellency the Governor or Commander in Chief 
 for the Time being, and to be applied to the Ufes afore-mentioned in this A6t. 
 
 Captains t« muf- XIV. A N D be it further Enabled, That every Captain of a Company fhall, 
 
 niL'^fol'r^T^e's Four Timcs every Year, at flich Times and Places within their feveral Diftrids, 
 
 a Year, on Pen. as their rcfpc^live Coloncls fhall appoint, mufler their Companies, and fee that 
 
 "^ ^ '■ every Soldier in their Company be furnilhed with fuch Arms, Accoutrements, 
 
 and Ammunition, as by this A6t is before directed, under the Penalty of Five 
 
 Pounds, Proclamation Money •, to be levied by a Warrant from the Colonel or 
 
 Commanding Officer in the County, and to be applied as herein before is direfted, 
 
 Rich Cotr.pany to XV, AN D be it further Enacted, That each and every Company belonging 
 vaI'MenrsSet to thc fcvcral Regiments within this Province, fhall confifl of Fifty private Men, 
 j.ants, 5'corpo- Xhree Serieants, Five Corporals, and Two Drummers. 
 
 rals,and i Drum- J ■*■ 
 
 Year, on Pen, 
 of 20 1 
 
 mers. 
 
 coiontis to ap. XVI. A N D bc it further Enacted, That the feveral Colonels of their refpedtlve 
 S annuaUy" w Rcgimcnts within this Province, are hereby authorized to apply the Fines and 
 lender an Ac- Penalties by them received, in Virtue of this A(5t, in purchaling Drums, Colours, 
 rnor!'oJ'pen'. Ammunition, or Arms, as fhall appear to them to be moft necefTary for the 
 •■^50 1- Companies in fuch Regiments i and that they fhall. Annually, render an Ac- 
 
 count to his Excellency the Governor fworn before, and certified by any Juflice 
 of the Peace in the County, under the Penalty of Fifty Pounds, Proclamation 
 Money -, to be recovered, by A6tio1i of Debt, Bill, Plaint, or Information, in 
 the General Court of this Province, (wherein no EfToign, Injunction, or Wager 
 of Law, fhall be allowed or admitted of,) by any Perfon who will fue for the 
 fame -, the one Half to him or them that fhall fue for the fame, and the other 
 Half to be applied as other Fines in this Aft are direfted. 
 
 Tr9«p of Hgiit XVII. AND be it further Enacted, by the Authority aforefaid. That in Cafe 
 
 w' mXring thc Govcmor or Commander in Chief for the Time being, fhall, at any Time 
 
 m^Fooi Comp3- hereafter, appoint any Troop or Troops of Light Horfe, in any County in this 
 
 Province, that then, and in fuch Cafe, the laid Troop or Troops that ffiall be fo 
 
 appointed, are hereby exempt from multering in any of the Foot Companies 
 
 within their feveral Counties, and fhall be accoutred with a good Cafe of Piftols, 
 
 a Broad Sword, a Fuzee, with Swivel and Belt, a Cartridge Box, with Twenty 
 
 ♦ • Four 
 
L A PF S (?/' N O R T H - C A R O L I N A. 2 1 9 
 
 Four Cartridges of Powder.and Ball, and fubjed to Muiler at the fame Times, ^- ^- '746. 
 jnd under the l^me Penalties, as betore by this A6t is- direded for the Foot. *" ^^ ' 
 
 ^ XVIII. AND he it further Enacted^ by the Authority of ore/aid, Thaf^this "^^'s ^a in , 
 Aft fiiall be and. continue. ia Force, for and during Three Years, and from tlitence ^"'"'fi^X^'fSj 
 to the next Seffion of Ailembly. . ' '' '"^ 
 
 XIX. AN D be it Enacted^ That each and every Captain of a Company, Every Capfain t& 
 lliall procure a Copy of this A(5V, for which he (hall be allowed in his account- ''"'^ ^ '-'opy <jf 
 ing for the Fines and Forfeitures by him received, or to be received, and fliall rcTd fn«' a'vetr 
 caufe the fame to be read at the Head of his Company, at leaft once in every ?! ''"= ^^^^ "^ 
 
 __ . . ,^ . ^ ,^. „ , „ . .'■•'-_ J Ills Company,' on 
 
 read cnce a Year 
 at the Head 
 
 Year ; under the Penalty of Five Pounds, Proclamation Money. ' r'en, "^^""sl' 
 
 XX. A ND be it Enacted^ by the Authority aforefaid^ That from and after RcpeaiingCiaufe. 
 the Ratification of this Acl, all and every Adl and Ads, for Regulatino- the 
 Militia of this Government, and all Matters and Things therein contained, is aiTd - 
 are hereby repealed and made void. 
 
 Jci 
 
 CHAP. II. 
 
 Preamblf 
 
 A}i ABy for EreBmg the upper Part of Craven County iiito a County and 
 Parif.\ and for appoi?iting a Place for building a Court-houfe^ Pi-iion^ 
 and Stocksy in the Jaid County. 
 
 I. TTTHEREAS Craven County is now become fo very extenfive, that 
 Y y many of the Inhabitants thereof live very remote from Ncwhern Town, 
 where the Court for the faid County is held, whereby a great many Difficulties 
 and Hardfhips arife to the upper Inhabitants thereof, not only in attendino- their 
 ordinary Bufinefs in the faid Court, but alio by being compelled to fervc as Jury- 
 men, and oftentimes as Evidences, at the faid Court : For Remedy whereof, 
 \- 
 
 |,,,II. WE pray that it may be Enaded, And be it Ena5ied^ by his Excellency Ga- county divided, 
 bricl Johnfton, Eff, Governor^ by and with the Advice and Confent of his Majefty^s ^""^ *^= "pp"' 
 Council^ and General Ajfembly of this Province^ and it is hereby Enacted, by the raiftin'ftCounty 
 Authority of the fame. That Craven County be divided by a Line, begininof at ^^^ ^"^^^ 
 the Mouth of the Southweft Creek, on the South Side of Neus River, below 
 Francis Stringer's Ferry, running up the faid Creek as far as the aforefaid County 
 extends that Way, and running a No7-th Line from the Mouth of the faid Southtveji 
 Creek, as far as the County extends Northwardly -, and that the upper Part of the 
 faid County be erefted into a County, by the Name of Johnflon County, and 
 St. Patrick's Parifh, as divided by a Line that fhall be agreed on by the Com- 
 mifTioners hereafter named : And that the faid County and Parilh fhall enjoy all 
 the Privileges and Advantages that any other County and Parifli in this Pro- 
 vince holds ofcenjoys ; fave only that the faid County fhall fend but Two Repre- 
 fcntatives, to fit in the General AfTembly. 
 
 III. AND be.it further Enacted, by the Authority aforefaid. That the Courts Countr Conrt» 
 of the faid County, fhall be held on the lall ^uefdays in the Months of March, '^^'''^''^^' • 
 June, September, and December, in every Year. 
 
 IV. AN D be it further Enacted, by the Authority aforefaid. That the. Juftices Fhft court whete 
 of the faid County, or the Majority of them, fhall hold their firft Court at the tobehdd. 
 Dwelling-houfe of Francis Stringer, at the Ferry, on Neus River, and then and 
 
 there 
 
220 L A IV S of N*) RT H -C ARO L I N A. 
 
 A. D. 1746^ {-here nominate and appoint a certain Place for buiUiing a Court-houfe, Prifon, 
 
 ^" and Stocks, at the moit proper Place in the faid County, and fliall alfo make 
 
 fuch Orders and Rules tor eredting the faid Buildings, and running the dividing 
 
 ^e'^ied^by Aft, ^ins aforcfaid, at the proper and equal Expence of the Inhabitants of the fame, 
 
 p.irej 1746, ' by a Poil-Tax, not exceeding Two Shillings, Proclamation Money, per Year, 
 
 "^p- - f-Qj. Xwo Years, and no longer. 
 
 Commi/rioneu V. AN D be ii further Eiiacted, That fVillmm Eaton, William Per fons^ Fran- 
 
 \hcZ\i;nluZ CIS Strifiger, and James Macklewean, be, and are hereby appointed Commifllon- 
 l7P^"fy"' ^''^' ^""^ ^^^ hereby impowered and diredred to run a dividing Line between the 
 ^In Counties?"' Counties of Granville and Johnjion, as agreeable as may be for the Eafe and Con- 
 venience of the feveral Inhabitants of the faid Counties, beginning at fuch Place, 
 on the Head Kine aforefaid of Edgcomh County, as the faid Commiflioners Ihall 
 think meet and juft 
 
 jufticfs fo re- •VI. AND be it further Enabled, by the Authority aforefaid^ That the faid 
 toThr&r«nor' Court Ihall, at the firil Sitting thereof, recommend to his Excellency the Gover- 
 for slierifF, nor, Thrcc Perfons, for his Approbation of one of them, to execute the Office 
 of a Sheriff, according to Law, for the faid County. 
 
 In Suits aiieaiy VII. A N D to tlic End that no Adion, begun in Craven County, be defeated 
 ^i^^cl^Ttoh^cl^ by the Divifion aforefaid •, Be it Enacted^ by the Authority aforefaid. That where 
 ecuted by the g^jy A6lion is already commenced in the (kid Court of Craven, and that the Par- 
 ties or Evidences fliall be Inhabitants of Johnfton County, all fubfequent i-'roctfs 
 againft fuch Parties or Evidences, fliall be direded to be executed by the Sheriff 
 of Craven County ; any Law, Ufage, or Cuftom, to the contrary, notwithftanding. 
 
 Sheriff of that 
 County 
 
 •^^eftrymera aji- VIII, AND be it furthcf EnaSled, by the Authority aforefaid. That Simon 
 ?ojnted. Bright, John Herring, Sen. Thomas McClendon, John Beeton, Abraham Boyd, 
 
 Ambrofe Air is, John Irons, John C^rraway, John Smith, Samuel Stnith, Robert 
 Rayford, and John Beaker, be, and they are hereby appointed Veftrymen of the 
 faid Parifli of St. Patrick, to ferve in the Veftry until the General Eledion of 
 Veftrymen, according to Law ; and that the faid Veftrymen fliall be fummoned 
 by the Sheriff of the faid County of Johnjion, to meet at the Place appointed by 
 < this Ad where the Court is to be held, and qualify themfclves as a Veftry, and 
 
 proceed to Parifti Bufmefs. 
 
 Tkit cu ^^' ^^ ^^ ^^ it further Enacted, That all Public, County, and Parifh Levies,! 
 
 pealed, by Aft] HOW duc fVom any of the Inhabitants of the faid County of Johnjion, fhall be col- 
 paffed 1746. ie(5ted by the Sheriff of Craven County, and accounted for in the fame Manner 
 as though this A(5l had not been made. 
 
 CHAP. III. 
 
 An A5i, for dividing Edgcomb County and Parijh, and for ereBing the 
 upper Part thereof into a County and Parijh, by the Name of Gran- 
 ville County, and St. John's Parijh -, and for appointing Vejirymen of 
 the faid Parijh, 
 
 i'rMmWc. I. T TT" HERE AS the County and Parifli of Edgcomb, being a Frontier 
 
 VV County, is now fo extenfively fettled, that the Public Bufinefs of the 
 faid County and Parifh becomes very difficult to be tranfaded : 
 
 II. W E 
 
L A I'V S of North-Carolina. 221 
 
 A. D. 1746. 
 
 II. V/ E therefore pray that it may be Enaded, And be it Enacted^ by his Ex- Q^J„'^'^a^~^,^^d 
 cellency Gabvkl Johnilony Efi^; Governor, by and with the Advice and Covfcnt of »ni the upper' 
 his Majefifs Comal y -and General Affe^nbly of this Province, and by the Authority ^^ift.^l^ccun'y 
 of the fame. That Ed^comb County and Parifli be divided by a Line, beginning andPinfc. 
 
 •at the Mouth of Stonehoufc Creek, on Roanoak River, to the Mouth of Cyprefs 
 Swamp, oa l^ar River, and from thence acrofs the River, in a direft Courfe, 
 to the Middle Grounds betv/een Tar River and 'Neus River, being the dividing 
 Line between Craven and Edgcomb Counties -, and that the upper Part of the faid 
 County and PariHi, as divided by the Line that fhall be agreed on by the Com- 
 miflioners hei:eafier' named, be e'reded into a County, by the Name of Granville 
 County, and St. John'^ FariHi : And that the faid County and Parifh fhall en- 
 joy as many Privileges as any other County or Parifh in this Province holds and 
 enjoys, fave only that the faid County flaali fend but Two Reprefcntatives to fit 
 in General AfTembly. * 
 
 III. AND be it further Enacted, by the Authority afore faid. That the Courts ^^"^j^'y^jj"'"" 
 bf the faid County, fliall be held on every Tiiefday fucceeding the County Courts 
 
 of Northampton. 
 
 IV. AND be it further Enacted, by the Authority afore faid;, That the Juftices fm Court wh?rc 
 of the faid County, or the Majority of them, fhall hold their firft Court at the totehtia. 
 Dwdling-houfe of Wilham Eaton, and then and there nominate and appoint a 
 
 certain Place for building a Court-houfe, Prifon, and Stocks, at the moil proper 
 Place in the faid County •, and ihall alfo make fuch Orders and Rules for eredting 
 the faid Buildings, and running the dividing Line aforcfaid, at the proper and 
 equal Expence of the Inhabitants of the fame, by a Poll-Tax, not exceeding 
 Two Shillings, Proclamation Money, fer Year, for Two Years, and no longer. 
 
 V. AND be it further Enacted, That William Eaton. William Perfons, Fran- Commiffionerj 
 
 „. -K \, r 1 1 1 1 11 • ^ r-^ -r appoin'td to run 
 
 CIS Stringer, and James Macklewean, be, and are hereby appointed Comma- the diad.np Line 
 fioners ; v^ho are hereby impowered and directed to run a dividing Line between ^^^i^f^^^i'iokn^. 
 the faid Counties of Granville and Johnflon, as agreeable as may be for the Eafe and fton counties. 
 Convenience of the feveral Inhabitants of the faid Counties, beginning at fuch a 
 Place on the Head Line aforefaid of Edgcomb County, as the faid Commiflioners 
 lliall think meet and juft. 
 
 VI. AND be it further Enabled, by the Authority aforefaid. That the faid J"'^'"' ;° 7- . 
 
 _, -' ' y 11-11 /-^ commend PcrfcRJ 
 
 Court mall, arthe firft Sitting thereof, recommendto his Excellency ttie Govcr- to the Cvemcr, 
 nor. Three Perfons, for his Approbation of one of them, to execute the Ofnce ^"^ ^^"'^' 
 of Sheriff, according to Law, for the faid County. 
 
 VII. AND to the End that no A^ion begun in Edgcomb County Court, be tzlfV^"fg. 
 defeated by the Divifion aforefaid ', Be it Enacted, by the Authority aforefaid comb, Procefs to 
 That where any Aftion is already commenced in the faid Court of Edgcomb, and fheShcnffoAhtt 
 the Parties or Evidences fhall be Inhabitants of Granville County, all fubfequent County. 
 Procefs againft fuch Parties or Evidences, fhall be directed to be executed by the 
 
 Sheriff of Edgcomb County •, any Aft, Lav/, Ufagej or Cuftom, to the contrary, 
 hotwithflanding. 
 
 VIII. AND be it further Enacted, by the Authority aforefaid. That William Vearymcn ap-, 
 Eaton, William Perfons, John Martin, Edward Jones, James Mitchel, James ''°"''"^' 
 
 . Payne, Wefi Harris, John Wade, William Moore, Samuel Lanier, Robert Parker, 
 and Jofeph Sims, be, and they are hereby appointed Veflrymen of the faid Parilh 
 of St. Johnh, to ferve in Veftry until the General Eleftion of Veflrymen, ac- 
 cording to Law ; and that the faid Veflrymen flaall be furnmoned, by the Sheriff 
 
 K k k of 
 
222 LAWS of North-Carolina. 
 
 A. D. 1746, of j-he faid County of Granville^ to meet at the Houfe of William Eaton^ and 
 ^'->^- ^ qualify themfelves as a Veftry, and proceed to Parifh Bufinefs. 
 
 ^I'tch''' ^^^ ^^' A'N D he it further Enactedy That all Public, County, and Parifli Levie% 
 chtp. s!' '^* ' now due from any of the Inhabitants of the faid County of Granville, fhall be 
 collefted by die Sheriff of Edgcomb County, and accounted for in the fame Man- 
 ner as though this A6t had not been made. 
 
 SIGNED by 
 
 Gabriel Johnston, Efqj Governor, 
 
 Nathaniel Rice y Prelident, 
 
 Samuel Swann, Speaker. 
 
 # 
 
 W2^^i 
 
 
 jjv ** jgy 
 
 •Jff" 
 
 Ann« 
 
LA fi^ S of North- C a r o l i n a. 
 
 223 
 
 4iSiWi.^^^^tdhJ<^ Sikl.'iiiJii', 
 
 ^iV^qpqi^QP'iiPqp'wP^P^QP'^^^P'^':^^':^^^ 
 
 Anno Regni 
 
 A. D. 1746 
 
 
 G E O R G 1 1 IL 
 
 Regia, Magna Britannia, Francia, &: 
 Hihernia, Viceffimo. 
 
 At a General ASSEMBLY, held at fFilmh/gtofjy the c 
 Fifth Day of Decembery in the Year of our Lord 
 Thoufand Seven Hundred and Forty Six. 
 
 A B ft t t Z, 
 
 One ^^1> GoverncT, 
 
 Preamblfi 
 
 CHAP. I. 
 
 jin AB^ for the better afcertaining the Number of Members to be chofen 
 for the feveral Counties within this Province^ to ft and vote in Gene-^ 
 ral Ajfembly } and jcr Eftablijhing a more equal Reprefentative oj all 
 bis Majeffs Subjedis in the Houfe of BurgeJJ'es. 
 
 I. T T 7" H E R E A S the Inhabitants of feveral of the Northern Counties with- 
 YV ^'^ ^^^^ Province, have affumed to themfcivts the Privilege 01 chocling 
 Five Ir'erfons refpedtivdy to reprefcnt them in the General /ifjpmbly, without 
 any Law, or Pretence of Law, to fupport fuch a Claim, while thofe ot the more 
 Southern and Weftern Counties, who are more numerous, and contribute much 
 more to the Gent ral Tax of the Province than fome of thofe who cl^im this Pri- 
 vilege, are reprefcnted only by Two Members in the faid Afiembly ; from which 
 Inequality great Mifchiefs and Diforders have arifcn, and the belt Schemes lor the 
 Good and Welfare of the Province, by this Means, have been utterly dclcatcd : 
 For preventing of which for the future, 
 
 II. W E pray that it may be Enaded, And he it Enacted^ by his Excellency emH County t6 
 Gabriel Johnfton, Efq; Go^erner^ by and with the Ad'vice and Ccnfent of his Ma- "'"^ '^*" '^*' 
 jefty^s Council and General Ajfemhly of this Province^ and by the Authority of the 
 Jamet That from hencctorward, the Inhabitants of each and every County already 
 erected, or which Ihall hereafter be ercdted in this Province, itfpedtively, Ihall 
 and may choofc Two Perfons, duly qualified, for there Kepreftntatives, to fit 
 and vote as Members in the General AlTembly of this Province, and no more j any 
 
 Law, 
 
 prefenuUTCs. 
 
224 
 
 La W S of North-Carolina. 
 
 X D. T746. 
 V_..s^ ^ 
 
 Tnvvp.j t-' choule 
 ens Burgeii. 
 
 Eight Memt>«rj 
 may zdj'urn, 'til 
 I K'-juf; made. 
 
 yourtwB ♦» enn. 
 UyI paft Laws. 
 
 KfpealingClaure, 
 
 Law, Ufagc, or Cuftom, to the contrary, in any-wifc, hotwithftanding : And 
 that the Freeholders of the fcveral Towns, to wit, oi Edenton^ Bath-Tcwn^ New- 
 berriy and WiLtmigtoyiy may h.tve the Liberty of choofing One Repreft ntitivc 
 each, as heretofore, to fit and vote as Members in the fuid General Aifembly, as 
 atorefaid •, all wiiich fiid Members (hall be chof^n at fuch Tin:ies as Ihail be di- 
 rcded by his Majelly's Writ, and at fuch Place, and in fuch Mannor, as by an 
 A6t of the General AfTembiy of this Province, intituled, An Act, to regulate 
 Elections for Mcntbers to fer^ e in General Ajfembly for the fever al Count ieSy to de- 
 clare who fhall be qualified to vote in the fa;d Elections, or he elected a Member of 
 the General Affembly, for any of the faid Ccjinties, and to direct the Mtihcd to be 
 obferved in taking the Poll at the fever al Elections ' in the Counties and ^owns in 
 this Province, is direded and appointed. 
 
 III. AND whereas great Mifchicfs have arifen, and numberlefs Obflruflioha 
 given to the Public Affairs, by the Members of the Ploufc of BurgLircs not duly 
 attending, according to the Writ, or the Time of Prorogation or >r ctjournmtnt ; 
 Be it Enacted, by the Authority aforefaid, Tlmt Eight Members of tiie Houfe, 
 at the firft Meeting, in Purfu.mce of his Miji-fty's Writ, or the Time of Proro- 
 gation or Adjournment, arc hereby impow^red to acijourn de Die in Diem, until 
 the Number of Members herein alter limited fhall ton^c tog. ther, to ra..kc a 
 Houfc. , , 
 
 IV. AND for the better Difpatch of Public Bufinefs, Be it EnaElcd, by the 
 Authority aforefaid. That Fourteen Members of the f lid Houfe, and the Speaker, 
 Ihall be a fulficient Riorum to m^ke a Houfe, and to pafs Laws, or do ^ny 
 other Acft or A6ts, which any AflTembly in this i'rovince h ive been heretofore 
 accuftomed to do by a larger Numb.r j any Law, Cuftom, Or UCge, to the 
 contrary, in any-wife, notwithftanding. 
 
 V. AND be it further Enacted, That all and every CI aufe and Claufes of 
 every Law or Laws, fo far as relate to the Inhabitants of any County or Counties 
 in this Province, th:ir f nding above Two Members, exclufive of the Members 
 chofen for the federal Towns, in this Act before mentioned, to fit and reprtfent 
 them in General AITembly, directly or indirediy, is and are hereby repaled and 
 declared null and void, to all intents and Purpufes, as though the fame had 
 ne\''cr been made. 
 
 ^ C H A. P. II. 
 
 An ASt, to fix a Place for the Seat cf Government, and for keeping 
 Public Offices ', for appointing Circuit Courts, and defraying the Ex^ 
 pence thereof, and alfo for e/iablijbing the Courts of Jujlicc^ and regu- 
 lating the Proceeditigs therein. 
 
 i'f«mbi«. I. WT H E R E A S the Limits of this Province are very extenfive, ?nd to 
 
 VV the End that the Supream Court of Judicature and Public Cftices may 
 
 be held and kept at the moil: proper and convenient Place, and Circuit Courts 
 
 appointed, for the Eafe and Benefit of the. Inhabitants in General of this i rovince i 
 
 II. W E pray that it may be Enafted, And be it EnaHed, by his Excellency 
 Gabriel Johnrton, £/"j •, Governor, by and with the Advice end Cotifent of his Ma- 
 jeftfs Cowicil, and General AfferAbly cf this Province, and by the Authority cf the 
 fam. That from and after the Fift^nth Day of Auguji, n^xt alter the Ratifica- 
 tion 
 
L A IV S o/' North- C a r o l i n A. 225 
 
 tioa of this Ad, the Courts of Chancery, General Court, Secretary's Office, ^- ^- '746. 
 Clerk of the Chancery Office, and Clerk of the General Court Office, ffiall be ^7 'Y"'~^ 
 held and kept at the Town of Newbern, in this Province j and that the Court of err"" c.neraT" 
 Chancery, and the Supreme or General Court, fhall be held at the faid I'own of [^"^k.^"** ^"'" 
 Ne'-j;bern, on the fcveral Days and I'imcs herein after in this Act diredred j and LfcstN^L^, 
 that all Bufinefs, proper and incident to the fiid Courts, and Matttrs appertain- 
 ing to, and proper to be tranfadted in the faid feveral Offices, Ihall be there done 
 and tranfa(5ted : Any Law, Ufage, or Cuilom, to the contrary, notwithftanding. 
 
 III. AND be if further EnaSied, by the Authority aforefaid. That from and curki when tw' 
 after thf faid Fifteenth Day of Aiigiifi-, the Secretary of this Province, for the ^'y=^ '^*'^" •'^'- 
 Time being, or his Deputy, the Clerk of the Chancery, for the Time being, or 
 
 his Deputy, the Clerk of the General Court, for the Time being, or his Deputy, 
 
 Ihall Daily [Sundays and Holy-days excepted) give their Attendance refpeciively 
 
 a^ their Offices in Ne'-jcbern aforefaid, from the Hours of Ten of the Clock in the 
 
 Forenoon, 'til Twelve, and from Three of the Clock in the Afternoon, 'til Five, 
 
 for the better difpatching the Bufinefs of fuoli Fcrfons who fhall apply to their re- 
 
 fpective Offices for that Purpofe ; and if etcher or any of the faid Officers ffiall penalty forNes* 
 
 negle£t fo to do, he or they fo offending, fhall forfeit, for every fuch Negled;, i'^"^. s '. 
 
 Five Pounds, Proclamation Money ; to be recovered by Adlion of Debt, Bill, 
 
 Plaint, or Information, in the General Court of this Province,- (wherein no 
 
 Effoign, Protedion, Injundion, or Wager of Law, fhall be admitted of,) by the 
 
 Party who ffiall make Information thereof, or fue for the fame. 
 
 IV. AND be it further Enacted^ by the Authority afcrefaid^ That the Chief ^^^•"""'■'^'^'p 
 Juftice of this. Province, for the Time b ing, Ihall, Twice every Year, hold a where'tobehew'^ 
 Court of Affize, Oyer and '•Terminer^ and Gtn ral Goal Delivery, by a Commif- 
 
 fion or Commiffions to be iffued for that Purpofe by the Governor or Com- 
 mander in Chief for the Time being, under the Seal of the Province, at Edenton^ 
 in Chowan County, at Wilmington^ in N-^-w-Hanover County, and at the Court- 
 houfe in Edgcomb County. 
 
 V. AND be it further kna^ied^ hy the Authority aforefaid^ That all IfTues in AiiAftioiwwhea 
 all Anions and Plaints, whether Real, PerfonJ, or Mixt, Local, or Tranfitory, '"/c?'" *° ^ 
 which ffiall hereafter be brought or commenced in the Supreme Court of Com- 
 mon Pleas, in which the Vifne ffiall be laid in the Counties of Currituck, Paf- 
 
 qitotank^ Pequimons, Chowan, Bertie, and Tyrrell, ffiall be tryed at Edenton, by 
 Writ of Nifi Prius, on the Second Tuefdays in October, and April : And all 
 IfTues in all Anions or Plaints, where the Vifne ffiall be laid in the Counties of 
 Edgcomb, Northampton, and Granville, or in any Counties that ffiall hereafter be 
 tflabliffied to the Wejiwcrd of Granville County, ffiall be tryed, in like Manntr, 
 at the Court-houfe in Edgcomb County, on the Fourth Tuefdays in October, and 
 April, by a Jury of Freeholders, of the faid Counties, or any of them : And all 
 IfTues in all Anions and Plaints, where the Vifne ffiall be laid in the Counties of 
 Neiv-Hano-ver, Bladen, and Onflow, or any Counties that ffiall hereafter be efla- 
 bhfficd to t\\G Southward or Weft ward oi Onflow County, ffiall be tryed, in like . 
 Manner, at JVilmington, on Cape-Fear River, on the Second Tuefdays in Novem- 
 ber, and May, by a Jury of Freeholders of the faid Counties, or any of them. 
 
 VI. AND be it further Enacted, by the Authority aforefaid. That the Vifne in Vifw to be i.id 
 all Adions and Plaints, (Suits in behalf of the Crown, and Tranfitory Acftions, J^hcrJ^the^S 
 
 ' excepted,) ffiall be laid in the County where the Caufe of A6tion ffiall arife, and Tf Talon ftln 
 in no other, without the Gopfent ^of the General Courtj for good and fufficient "'^*- 
 Caufes ffiewn. . . . „ 
 
 L 1 1 VII. AND 
 
£26 L A JV S of North-Carolina. 
 
 A. D. 1746 
 
 ^— — V ' Vil. AND be it further Enabled, by the Author ty aforefaid^ That all Writs, 
 
 ivru""'tv.m'"thl ^iaints, and rrocels wnatfoever, Ihall, as herctotorc, be illued out, commenced. 
 On. o^urr ; and filed in the General Court at Newbcrn arorcuiid ; and all tiie Pleadings and 
 lole^had'thlrt' Procccdings thcrcon Ihail be carried on and traniudted in the faid Court, until the 
 api^H. Caufe fhall be at Iffue j and that when fuch Cauies Ihail be at iffue, tuii i'ower 
 
 and Authority is hereby given to the faid Court, to iffue out a Writ of Niji Prius^. 
 and Subpoena for Witnelles to appear, and to tranfmit a Tranfcript of the Re- 
 cord of the Proceedings and Pleadings in all Atlions, to the proper Place, for 
 the Tryal ot the Iffue before appointed for that Purpofe, in tiie fame* Manner ac- 
 cording to the Method, and as near as may be, agreeable to the Fradice, of the 
 Court of Common Pleas or King's Bench at IVdJiminjhr. 
 
 cwef juftife'« VIIL AND be it further EnaBedj That the faid Chief Juftice, or fuch other 
 P.werto try at Pe^fon or Perfons, in Cafe of Sicknefsor Difubility of the Chief Juftice, as fhall, 
 
 the Timet 3nd ' -it/- ri c /^ rr 
 
 Piacti afoiefaij. from Time to Time, be appo..it:!d Juitice or Juiticcs or Affize, Ojcr and T'^r- 
 miner, and General Goal Delivery, (hall have full i'owtr and Authority to try* 
 at the refpeftive Places and Times aibrefiid, all Illues remaining to be tryed in^ 
 any of the faid Records, as aforefaid, and to caufe Juries to be fummoned and' 
 fworn, and in all Things relating thereto, to proceed according to, and as near 
 as may be, agreeable to the Method ufed and pradifed by the Judges of Aflize, 
 Oyer and ^er miner ^ and General Goal Delivery, in Efigiand. 
 
 AnA to certify IX. A N D be it further Ena£ledy That the faid Chief Juflice or Juftices of 
 w%h'rGS Affize, Ihall, upon the faid Tranfcript of the Record, ctrtiry, under his or their 
 Coort CfF.c*. Hands and Seals, the Verdid of the Juries, and the whoie 1 roceedings had 
 thereuDon, and to return, or caufe the fame to be returned, and filed, in the Ge- 
 neral Court Office in Newbern aforefaid : And the General Court is hereby im- 
 powered to enter, or caufe Judgment to be entered thereupon, and to iffue Exe- 
 cution, and in all Things to proceed and ad, as near as may be, agreeable to the 
 Proeedings of the Court of Common Pleas and King's Bench at M'tjtminfier^ 
 
 <ro«m;mofi to X. AND be it further EnaHedy by the Authority afcrefaid^ That a Commif- 
 ti^" to oy crfr ^lon of Oyer and Terminer^ and General Goal Delivi ry, fliall be made out, under 
 min'ai Suiti «t the Seal of the Province, impowering the faid Chief Juftice, or other Perfon, 10 
 ihtOrcmti. hear and determine ail Treafons, Murders, Burghries, Felonies, Trefpaffes, and' 
 Crimes, of what Nature or Kind foever, committed, or which fhall hereafter b^' 
 committed, in the feveral and refpeftive Counties, at the fcveral Times and Pla- 
 ces hereby appointed for the Tryal of Civil A6lions, on the Circuits ; and the 
 faid Chief Juitice, or other Perfons, impowered as aforefaid, are hereby direded 
 and authorized, to try all Perfons againft whom any Indidtment (hall be found,' 
 or Prcfentment made, or Information exhibited, for any Crimes, committed irf 
 any of the faid Counties, and to proceed thereupon, at the fame Places hereby 
 appointed for the Tryal of IlTucs by Nifi Prius^ where the Vifne fhall be laid in 
 any of the feveral and refpedlive Counties aforefaid, by a Jury of Freeholders of 
 the faid refpedtive Counties, ahd to give Judgment, and award Execution, zi 
 near as may be, agreeable to the Method and Pradice of Judges of Allire, Oyeir 
 and 'Terminer^ and General Goal Delivery, in England. 
 
 v.fte Uid, or XL A N D be tt further EftaSfedy by the Authority aforefaidy That the Ifllies Iij 
 fn^nyThcr"'' all Aftions or Plaints whatlbever, where the Vifne is laid in any other Count^' 
 Coumy, Suit to than before mentioned, and all Profecutions fbr Criminal Matters, where thcS 
 Oen'cootV. ' Fad: in the Indietm,ent is laid to be committed in any other County than befortf 
 mentioned, lliall be heard and tryed at the General Court, to be held at Newbtrif* 
 
 i XII. ANB 
 
LAWS ^'North-Carolina. 2zy 
 
 1-!%'}. 
 . t 
 
 XII. AND be it further Enacted^ That there fliall be Three ft^veral Ckrks 
 of the. Aflize, to "xity Cnc for the iV(?r/i?^?7; Circuit, who fliall rcfide and kctp ''pp.' "nVV. ""d 
 his OiHce in Edentoyi j and One for the IVeJiem Circuity who ili.ill refide and ''^ '' ^^^"f"^ 
 keep his Oiiice in the faid County of Edgcomb •, and One other for the S'.utbern "'*" "^ ' "^ * 
 Circuit, who fiiall refide and keep his Office in J'Vilmington ; Which iuid fcvtral 
 
 Clerks llialf keep a Record of ail the Criminal Profecutions, and other i^rofccu- 
 tions, at the Suit of his Majtfty, heard and determined before the juHices of 
 Affize, Oyer and 1'erminery and General Goal Delivery, within their refpec^live 
 Circuits -, which faid Clerks fhall be appointed by the Clerk of the Crown' tor the 
 Time being -, and alfo, that the Chief Julfice of this Province, for the 1 ime 
 being, fliall appoint. a Clerk or Clerks, who fliall attend the Courts oi Nift Prius : 
 And the faid Clerks fo to be appointed by the Chief Juflico, and Clerk of the 
 Crown, are heieby veiled with the fame Power and Authority, to acf in their 
 feveral and refpedive Offices, as Clerks of Affize and Nift Prius can, may, or 
 ought to do, on the Ciicuits in England. 
 
 XIII. AND be it further Enact ed^ That the feveral Clerks fliall take and re- ckrksFcss. 
 ceive, for the Bufinefs on the fcveral Circuits, the fame Fees as by Lav/ appointed 
 
 for the Clerk of the General Court, for the like Services ; and for making the 
 Poftra on the Circuits, Two Shillings and Eight Pence, Proclamation Money. 
 
 XIV. AND whereas the faid Chief Jufliice and Attorney -General, niuft: ne- c. joftke ani 
 ceflTarily be at great Expence in riding the Circuits, and holding the Courts, at Attun y-Oen^- 
 the refpedlive Times and Places afor;.faid •, Be it further Enatled^ by the Authority 
 aforefaidy That the Chief Jullice, tor his Trouble and Expence in riding and at- 
 tending the laid feveral Circuits, Ihali have and receive the Sum of Two Plun- 
 
 dred x'ounds. Proclamation Money, Annually ; and the Attorney-General, Six- 
 ty Six Pounds Thirteen Shillings and Four Pence, Proclamation Money, Annu- 
 ally i to be paid out of the Tax herein after laid for that Purpofe, by a Warrant 
 under the Hand of the Governor or Commander in Chief for the Time being. 
 
 XV. A N D to raife Money for defraying the Charges in building the Public Tax to u Wi^ 
 Ojffices, and paying the faid Officers of the Circuit ; Be it Ena^ed) by the Au- f""- "eamg Pub* 
 thority aforefaidy 1 hat from and after the Ratification of this Aft, a Tax of Four " "" ^^^' 
 Piencc, Proclaniation Money, per Poll, fhall be Annually levied on the taxable 
 
 Perfons within this Province, and coUeded by the Sheriff of the refpedive Coun- 
 ties, at the Time all other Taxes are colledled and paid, for and during the 
 Space of Two Years, to be paid and applied in Manner following ; that is to fay, 
 All the Money arifing by the faid Tax, within the Counties of Craven^ Beau-- 
 forty Hyde, Carteret, and Jchnfton, fliall, by each Sheriff, be, at the ufual Time, 
 Annually accounted for and paid to Mr. John BarroWy Mr. James Mackkweany 
 Mr. Thomas PearfoHy Col. Thomas Lovicky and Mr. John JVeJiy or the Majority 
 of them, for and towards the ereding the Offices and other Public Buildings at 
 Newborn Town, as they, or the Majority of them, fliall think necefl*ary and con- 
 venient : And all the Monies arifing by the faid Tax, within the Counties of 
 Berticy Tyrelly Chowany PequimonSy Pafquotanky and Curritucky fliall be paid to 
 Mr. Jofeph Blount, Mr. John Benbury, Mr. Peter Payne, Mr. Caleb Wilfon^ 
 Mr. Stephen Lecy Mr. John fVynn, and Mr. Luke Sumner ; to be by them ap- 
 plied towards repairing the Court-houfe for holding the Afilze at Edentcny and 
 finifliing the Goal, as they, the faid Mr. Jofefh Blount, Mr. John Benbury^ 
 Mr. Peter Payne, Mr. Caleb JVilfon, Mr. Steven Lee, Mr. John Wynn, and 
 Mr. Luke Sumner, or the Majority of them, fliall think neceflfary and con- 
 venient : And all the Monies arifing by the faid Tax within the Counties of Edg- 
 tomb, Northampton, and Granville, fliall, by each Sheriff, at the ufual Times, 
 be Annually accounted for and paid to Mr. John Haywood^ Mr. John Edwards^ 
 
 Dr. 
 
228 
 
 LA W S of North-Carolina. 
 
 A. D. 1746. 
 
 Dr, Jaries Payne, Mr. John Dawfcn^ and Mr. Jofepb Howell \ to be applied 
 by them, or the Majority of them, towards erecting the Office, and other Pub- 
 lic Buildings, for holding the faid Court of AfTjze in Edgcomb County afore- 
 fiiid : And all the Monies arifmg by the faid Tax within the Counties of Bladeiiy 
 New-Hanover^ and Onflow ^ fliaii be paid to Mr. Rufus Mar [den., Col. Edward 
 Hyrne^ Mr. 'Thomas Jones, Mr. John Starkey, and Mr. Griffith Jones \ to be by 
 them applied tov/ards finifhing a Court-houfe at Wilmington, and building a 
 Goal, as they, the faid Mr. Pjiifus Mar [den. Col. Edward Hyrne, Mr. Thomas 
 Jones, Mr. John Starkey, and Mr. Griffith Jones, or the Majority of them, 
 fliall think neccffary and convenient : All which faid Perfons fhail account with 
 the General Afiembiy for all the Monies by them refpediveiy received, and ap- 
 plied towards the Ufcs aforefaid. 
 
 T»xtobei.i<ito ' XVI. AND be it [urther Enacted, by the Authcrit a[ore[aid. That alfo a 
 P»y c^J"*^^!^^^ Tax of Four Pence, Proclamation Money, fer Polli Annually, lliail be levied 
 rai-! sTiaiiet'. on cach and every taxable Perfon within this Province, for and during the Term 
 of Three Years, and no longer \ and fliall be colleded by the Sheriff of each re- 
 fpeftive County of this Province, at the Time all other Taxes are colledled and 
 paid ; and ihall be paid into the General Affembly of this Province, and by them 
 applied towards defraying and paying the faid Chief Jufticc, and Attorney-Ge- 
 neral, as a Recompence for their Trouble and Expence of going the Circuits : 
 And if any Surplus (hall afterwards remain, then the fame (hall Yearly be ap- 
 plied, by the General Affembly, towards defraying the Public Debts of this 
 Province. 
 
 "satt ti Chi*- 
 jkry when held. 
 
 Pr»e6eiing» of 
 the faid Court. 
 
 XVII. AND for the better cftablifhing the feveral Courts of Juftice of this ^ 
 Province, fettling when the fame fhall be heldj and for regulating the Proceed- 
 ings for the fpeedy hearing and determining the Suits and Attions brought there- 
 in ; Be it Enacted, That tlie Court of Chancery fhail be held at Nnobern Town, 
 on the Second Tue[day after the Meeting of every General Court ; and may be ad- 
 journed from Day to Day, 'til all the Suits and Bufmefs then depending in the . 
 faid Court of Chancery, (hall be fini(h.ed. 
 
 XVIII. A ND be it further Enacted, by the Authority afore[aid. That the 
 Proceedings of the laid Court of^, Chancery, fhall be according to the Rules here* 
 tofore made by the faid Court, and fuch as (hall be hereafter made by the faid 
 Court, for the regulating the Practice therein, and for the fpeedy carrying on 
 and determining all Suits therein commenced •, and that all Rules now made, and 
 hereafter to be made, fliall be fixed up in the Office by the Clerk of the Chance- 
 ry, that all Perfons concerned may have Recourfe thereto. 
 
 XIX. A N B be it further Enacted, by the Authority a[cre[aid. That the Su- 
 preme and Principal Court of Pleas to be held at Ncwbern, for his Majefty's Pro- 
 vince, on the Days and Times herein after direded, (liall be, and is hereby efta- 
 bhfhed, by the Name of the General Court of North-Carolina, and (hall con- 
 fift of the Chief Juftice, for the Time being, and Three Affociate Juftiees, to 
 be commiflioned by the Governor or Commander in Chief for the Time beings 
 under the Seal of the Province : Which faid Affociates (hall be veiled with the 
 fame Power and Authority, as Affociate Juftiees in England ufually have -, and 
 fhall alfo, in Cafe of Sicknefs or Difability of the Chief Juftice, or where he fliall 
 be a Party, have full Power and Authority to hold the faid Court, and to hear 
 and determine all Caufes and Matters cognizable therein, 
 
 p,«.eft from the XX. AND be it further Enabled, by the Authority afore/aid. That all original 
 f.idjon« to^b. pj.Qj.gf5^ gjjj^g^ tjy YkVit or Summons, or any other Manner or Means, to bring 
 any Perfon or Perfons whatfoever to anfwer any Aftion, Suit, Information, Bill, 
 
 ox 
 
 General Ccutt 
 
 iffued 
 
L A JV S of North-Carolina. 229 
 
 ■V- 
 
 and fign- 
 ihe Cl)i=f 
 
 or Plaini:, in the General Court, and all and every other Procefs at the Common ^- ^ '"■*'5- 
 Law, v/hatfotvcr, (except Summons or Subpoena for Witnefics,) regularly and ^""' 
 legally belonging or appearing to, for, or concerning any Caufe, Suit, Matter, th by' 
 Or Thing, depending, or f>;be depending or prorecuted, in the General Court, J'''^''"- 
 fhall beTffued by the Clerk of the General Court, and figned by, and bear Teft, 
 of the Chief ^^ctfoi: the Time being. 
 
 XXI. AND he it Ena^ed, by the Anthci'ity aforefaid^ That all faeh Writs Procefs when re- 
 and Procefs, (except Subpoi-nas to fummons Evidences, which may be made 'Xtximc^tobe 
 returnable immediately,) Ihall be returnable on the firft Day of every General <--x=cute<. 
 Court, and fhall be executed at lead Ten Days before the Day mentioned therein 
 
 for Return thereof : And if any Perfon takes out original Procefs whilfl" the Ge- 
 neral Court is fitting, or within Ten Days bciore the Beginning of any General 
 Court, fuch Procefs fliall be made returnable to the next General Court, after 
 that then fitting or beginning within Ten Days, as aforefaid, and notothcrwile -, 
 and all fuch Procefs iiTued, made returnable, or executed at any other Times, .ind 
 in any other Manner, than is herein directed, (hall be, to all Intents and Pur- 
 pofes, null and void. 
 
 XXII. PROVIDED akvays^ That the Two next fuccceding General Provir». 
 Courts fhall be held at Edenton^ in the Months of March and July, as ufual •, 
 
 and all Procefs fliall bear Tell, and be returned to the faid Courts, accordingly ; 
 and that afterwards, all Procefs iliall bear Tell, and be returnable to the General 
 Court, to be held at NcvsJern. 
 
 XXIII. PROVIDED alfo. That nothing herein contained, fhall -extend Criminal Profe^- 
 
 I 1 • 1- 1 . r T»7 ■ 1 i\ T 1 cutior.s returna- 
 
 to be conlirued to invalidate or vacate any i'rocels, Warrant, or other Mandate bie at any Time 
 or Precept, ilTued by any of the judges or Juftices of the General Court, or other °f *J"= General 
 Juftices of the Peace, or by the Clerk of the Crown, on any Criminal Profecu- 
 tion, or in his Majefty's Behalf, hut that the fime may be returnable to any Day 
 in the Sitting of the General Court, and the Proceedings in all Criminal Suits and 
 Profecutions, fliall be had according to the Laws and Statutes of Great-Britain, 
 and this Province ; any Thing herein contained to the contrary, in any-wife, 
 notwithftanding. 
 
 " XXIV. AND be it further Enabled, by the Authority afcrefaid. That from On a Writ to tha. 
 and after the Fifteenth Day of July n^xt, when any Writ fhall ilfue whereby the f';t.''rn'a'"Bati'" 
 Sheriff is commanded to take the Body of any Ptrfon or Pcrfons to anfwer unto B.nd, with two 
 any Plaintiff or Plaintiffs, in any Adion in the General Court, the Sheriff fliall brthe'sJm?""" 
 return therewith a Bail Bond, with Two fufficient Securities, for double the Sum 
 for which the Perfon or Perfons fliall be held in Arreff, (Executors or Adminiftra- Exrcuton and 
 tors excepted,) unlefs fpecial Cuufe fliewn to the contrary to the Clerks Office, txcTpTe'd."^"'^ 
 on or before the Firfl Day of every Court. 
 
 XXV. PROVIDED never thelefs. That in all Adions where the Damages h'rSc'oJ' 
 are uncertain, and the Defendant in Cuftody, or hath given Bail to fuch Acffion or magesVeMcerl 
 Adlions, it fliall and may be lav/ful for the Defendant to apply to the Chief Juf- 
 tice, or any of the Aifociate Juftices, for a Summons, to fummon the Plaintiff, 
 or his Attorney, at fuch a Time anci Place therein mentioned, to appear, and 
 fiiew Caufe of Adion againft the Defendant •, which, if the faid Plaintiff" fail to 
 do, or, by the Nature ofthe Adion, Bail is not required, the Defendant fliall be 
 difcharged, and the Plaintiff accept of an Appearance, as in other Cafes : And if 
 it fliall appear to the faid Chief Juftice, or any of the Affociate Juftices, from 
 the Nature of the Action, that Bail is required, the Plaintiff fliall fwear to his 
 Caufe ot Adion, and the Defendant enter into Bond, with Two Sureties, for 
 double the Sum or Damage fworn to by the faid Plaintiff: And if the Sheriff 
 • - . M m m fliall 
 
 tain. 
 
230 L A IV S of North-Carolina. 
 
 A D 1745 fh.ill not return Bail, or the Sail returned fhali be found infufficient on Exception 
 
 <w — .^ > taken, then, and in fuch Cafe, the Sheritf (liall be deemed, taken, and ftand as 
 
 Special Bail for the Defendant ; and the Plaintiff fhall not be delayed in his Suit 
 or Adion, but lliall and may proceed^ according to the Rules hereafter mention- 
 ed -, and on Judgment or Recovery, (hall take out Execution againft the Defen- 
 dant, or Sheriff, or both, at his Ekdion ; any Law, Ufage, or Cuftom, to the 
 contrary, notwithftanding. 
 
 provifg. XXVI. P F.OV IDEB alzvays^ That if the Defendant puts in Special Bail 
 
 before the Time to plead given him by the Rules hereafter mentioned is expired, 
 then the faid Sheriff fhall be difchargcd. 
 
 t^roTifo. XXVII. PROVIDED alfo^ That the Sheriff may furrender the Defendant, 
 
 in Difcharge of himfclf, any Time before Judgment is obtained againft the 
 Defendant. 
 
 ?r.«eci-ngswhen XXVIII. A N D he it further Er.rMedy That when any Sheriff fhall return, 
 S;rt^/'fi.r w^t that he hath taken the Body of any Defendant, and committed him to Prifon for 
 6f'Blii. "' want of Bail, the Plaintiff may enter the Defendant's Appearance, and the De- 
 
 fendant fhall be at Liberty to plead, as if fuch Appearance had been entered by 
 himfelf, and the Plaintiff may proceed on to Judgment, as in other Cafes in this 
 Acl direded ; neverthekfs, fuch Defendant fliall not be difcharged out of Cufto- 
 dy, but by putting in Bail. 
 
 penalty on the XXIX. A N D be it further Enacted^ That if any Sheriff fhall negled to ex- 
 sher;flr for n. t ^^^^^^ ^^^ ^N vX ov Writs iffuing out of the Geneal Court, which fhall be delivered 
 txccDting rits ^^^^^ ^.^ Twenty Days before the Courts Sitting, or any Writ or Writs iffuing 
 out of the County Courts, which fliall be delivered unto him Fifteen Days before 
 the Courts Sitting, that then the faid Sheriff fhalU for every fuch Negled, at the 
 Motion of the Plaintiff proving fuch Delivery, be ordered and obliged to pay, 
 to the Party grieved, all Coffs and Charges that may accrue in taking out fuch 
 Writ or Procefs, and be further liable to the Suit of the Party injured ; unlefs 
 the faid Sheriff can fhew fulTicient Caufe, to the Court from whence fuch Pro- 
 cefs iffued, to be by the Court allowed, why he could not execute the fame. 
 
 fail Bond ^eem. XXX AND be it further Ena^ed^ That no Perfon who has given Bail Bond 
 ed Special Bail, to the Sheriff, with fufficient Sureties, and fhall be adjudged good by the Court, 
 fhall be compelled to put in Special, or any other Bail j but that fuch Perfon 
 named in fuch Bond, fhall be deemed and taken to be Special Bail, and liable in 
 ProceecVn , »f-er ^^^ ^^""'" Manner to the Recovery of the Plaintiff; and that the Plaintiff, after 
 foal Judgment." final Judgment, fhall not take out Execution againft fuch Bail, until an Execu- 
 tion hrft be returned, that the Principal is not to be found, to fatisfy fuch Judg- 
 ment ; and flaall alfo take out a Scire Facias, returnable to the fame Court, 
 which fhall be fcrved on the Bail ; and that aiter the Return of fuch Execution 
 againft the Principal, and Scire Facias aforefaid, or againft the Bail, Execution 
 may iffue againft the Securities, or their Eftatcs, unkfs the Bail fhall furrender 
 the Defendant at or before the Return of the Scire Facias, without any other Pro- 
 cefs iffuing : Any Law, Ufajge, or Cuftom, to the contrary, notwithftanding.- 
 
 Prccef, t,-, be if. XXXL A N D for the better afcertaining what Procefs may or fhall be iffued 
 D f ""'"rtobe ^^'^^"^ ^^'^^ Sheriff fliall return, that the Defendant is not to be found within his 
 fonnd." ""' "" ' Bailiwick •, Be it Ena^ed, That where the Sheriff fliall make Return as aforefaid, 
 the Plaintiff or Plaintiffs in any Ac1;ion, fliall and may fue out an /attachment 
 againft the Defendant's Eftate, returnable as is herein before directed for the Re- 
 turn of original and other fubfequent Procefs, v/hereupon to force an Appearance, 
 'OT Capiasy by Continuance, at the Election of the Plaintiff or Plaintiffs ; and. if 
 
 the 
 
L ^4 IF S of N OP. T H-C A RO L I N A. 271 
 
 the Sheriff fiiall return any Goods by him attaciied, and if the Defendant do not ^- ^- '746. 
 
 plead to the faid Action Within the Time limited, as is hereafter directed, the *^ v ' 
 
 l^laintiif fhail be entituled (if in an A&on of Debt,) to a final Judgment, and if 
 in an Ai5lion on the Cafe, to a Judgment by Default, and a Writ of Enquiry of 
 Damages to be executed at the next enfuing Court or Afiize ; and the Goods fo 
 attached, Ihall remain in the Cuftody of the Sherift' 'til fuch Judgment obtained, 
 and then to be dilpofed of in the fame Manner as Goods taken in Execution on a 
 Writ of Fieri Facias ; and if the Judgment lliall not be fatisfied by the Goods 
 attached, the Plaintiff may have another Execution for the Refidue. 
 
 XXXII. AN D be it further Enactedy by the Authority aforefaidf That from Attaciiment may 
 and after the Ratification of this Aft, upon Sufpicion of any Perfon or Perfons sufpici'onof°p"r. 
 intending to remove from his Place of Refidcnce, and that he is about to with- '^""^ "moving. 
 draw hinifelf and his Eifedts out of this Government, fo that Proccfs cannot be 
 
 fervcd on his Body, or that he hath already removed himfelf, the Chief Juftice, 
 or any Jufcice of the General Court, or any Juilice of the County Courts, may 
 grant an Attachment, at the Prayer of the Party to whom fuch Perfon removing 
 or abfconding is indebted, or hath done any Damage or Injury, againft the Eilate 
 of fjch Perfon, returnable to the Court where the Debt or iVIatter is cognizable, 
 as is herein direfted for original Writs ; and that fuch Attachment fhall be deem- 
 ed the leading Proccfs to fuch Adion, and the fame Proceedings had thereon as 
 on an Attacliment on a Return of Ncn efi inventus^ by the Sheriff: But before 
 fuch Attachment fhali be granted, the Party moving for the fame, fhall make 
 Oath of fuch his Sufpicion, and that he vtrily believes fuch Perfon is about to 
 withdraw himfelf and Eifcfts, or hath withdrawn himfelf; and fhall alfo enter 
 into Bond, to the Defendant, with fufRcient Sureties, to fatisfy all Cofls and 
 Damages that may accrue and be awarded to the Defendant, in Cafe fuch Plain- 
 tiff fhall fail to prof.cute or be caft therein -, which Bond Ihall be returned by the 
 Juftice into the Court \vhere the fame is cognizable. 
 
 XXXIII. P ROV IDED al-ways. That the Goods fo attached in either Cafe, Prov:fo. 
 as afore-mentioned, fhall and may be replevied by Appearance, and Special Bail 
 being given, if the Defendant fhall be ruled to give Bail by the Court. 
 
 , XXXIV. A ND be it further Enacted, ^y the Authority aforefaid. That where Jufti*'^ n^y gram 
 any Perfon, Inhabitant of any other Colony or Place, Ihall be indebted to, or gainft Coods'of 
 hath done any Tort or Injury to any Perfon, refident and an Inhabitant of this ^^"'S"* DcUoh. 
 Province, and cannot perfonally be ferved with any Procefs, and hath Effedls in 
 this Government, any Juftice may grant an Attachment, on the Party's making 
 Oath to the Truth of fuch his Allegation, againft the Eftate of fuch Perfon, re- 
 turnable into the Court where the Debt or Matter is cognizable, fo as to com- 
 pell an Appearance ; and the fame Proceedings fhall be had thereon, as is before 
 mentioned. 
 
 XXXV. P ROV IB ED always. That the Goods fo attached, fhall and Oood. .ttacSca 
 may be replevied by Appearance, and putting in Special Bail, if the Defendant r/App^arwce'* 
 fhall be ruled to give Bail by the Court : And if the Party fhall be ruled to give 
 Special Bail in any of the aforefaid Cafes, and cannot procure fuch Bail, the 
 Goods fo attached fhall remain in Cuftody of the Sheriff, and fuch Perfon fhall 
 be admitted to plead as if he had given Bail, and the Goods left in the Hands of 
 the Sheriff, after Judgment obtained, fhall be liable to the Recovery and Execu- 
 tion of the Plaintiff; and if fuch Goods are not found fufhcient to fatisfy the 
 Plaintiff's Judgment, Execution may iffue for the Refidue, or the Plaintiff may 
 bring his Aftion on fuch Judgment, for the Sum unpaid and unfatisfied. 
 
 XXXVI. AND 
 
232 L^/^iSo/' North-Carolina. 
 
 A. D. T746. 
 
 ^"rT^haT^ XXXVI. AND whereas divers Perfons, poffcffed of Eftates in Lands, Tene- 
 ilX!3nA ic":u. ments, and Hereditaments, in this Province, having contraded Debts, or which 
 l"'h!'ut'?°ion" ^^-^'^ hereafter contraa Debts with Traders or other Perfons rcfiding here, have 
 rftjie, and may depart the Province, without le^^ving perfonal Pilate fufficitnt to lutiify 
 
 the fame ; and there not being fuitabie Provhlion made, whereby the Lands of 
 fuch Debtors may be fubject to fatisfy fuch Debts : i'or Remedy wher.of, 
 
 jtiftve may iffuc XXXVII. B E ii Enacted, by the Authority aforrfaid^ That any Juftice fhaH 
 an Attachment. ^^^ ^^^^ ^^^^^ ^^ Attachment, at the Prayer of the Perfon to whom fuch I'erlon 
 or Perfons as aforefaid is or are indebted, direded to the Sheriff of the C ounty 
 where the Lands he, returnable to the Court where the Matter is cognizable : 
 Proc«d;nes to be '^"^ ^^ ^^^ Sheriff retums that the Perfon hath no Goods to be found in his Baili- 
 hid thereon. wick, the Court fhal! grant Judgment for the Debt, due Proof thereof being 
 firit made ; which faid Judgment Ihall be final in Aftions of Debt ; and in other 
 Aftions, a Writ of Enquiry fhall, at the Morion of the Plaintiff, be then exe- 
 cuted, or at the Affize, according as the Vifne is laid; upon which Judgment, a 
 Writ of Fieri Facias fhall be awarded, returnable to the next fucceeding Court. 
 " •• 
 
 If no Gnnd, to XXXVIII. A N D bc it further Enacted, Thjt if die Sheriff return the afore> 
 to be'fub'eaed''' faid Writ of Fieri Facias, no Goods to be found in his B.iihwick, in fuch Cafe 
 "''"■'''■ the Court fhall nominate and appoint Pive Pretholders of the faid County, who, 
 on Oath, fliall value and appraife the Lands of the faid Defendant, or fo m.uch 
 thereof as Ihall be fufficicnt to fitisfy the afbrtfiid Judgment, and all accruing 
 Cofts, and fhall return fuch Appraifenftent, under their Hands, to the next fuc- 
 ceeding Court after fuch Appraifcment -, and thereupon the Court fhall ordt r the 
 Lands fo appraifed to be put into the Poffcffion of the Plaintiff, r.t the appointed 
 Value ; which order fhall be a good and fuHicient 'Pitle to the Plaintiff, his Heir* 
 and Affigns, for ever, againft the Defendant, his Heirs or Afiigns : ' Any Sale of 
 fuch Lands made in Foreign Parts, Ad, Law, Ufage, or Cultom, to the con- 
 trary, notwithrtanding. 
 
 Rules in the Ge- XXXIX. AND for a mofc fpeedy Determination of all Caufcs depending 
 nerai C(,«rt. j^^ j.j^^ General Court, than can pofiibly he obtained by the prtf nt Practice, Be 
 it Enabled, by the Authority afcrcfaid. That from and after the Fifteenth Day of 
 Auguji next, thefe following Rules and Methods fliall be obfcrvcd \ to wit, 
 
 THAT the Plaintiff fh;Jl file his Declaration on or before the Second Day 
 of every Court or Term, in the Office of the Ckik of the Central Court, and 
 fcrve the Delendant with a Copy of fuch Declaration, at kail Ten Days be lore 
 the Sitting of the Court to which fuch Suit is brought-, or a Non-profs ihall 
 be entered by the; Defendant.. 
 
 THAT the Defendant fliall appear, and plead, or demur, within the firit 
 Four Days of the Term to which the Writ is returnable •, otherwife the I'laintlff 
 fhall have Judgment by Default, which, in Debt, fhall be final, unkfs the Da- 
 mages are to be fiiggeiled on the Roll -, in that Cafe, and in all Adions where 
 the Plaintiff fhall recover in Damages, a Writ of Enquiry ihall be executed the 
 next Court, or at the Affizes : Provided, that where the Nature of the Adion 
 requires Special Pleading, the Court may enlarge the Time, on fufficient Cauf^ 
 {hewn. 
 
 THAT where the Defendant pleads fpecially, the Plaintiff fliall reply in 
 Four Days, or a Non-profs ihall be entered by the Defendant ; and if tlie Plain- 
 tiff replies, and in his Replication, tender an lime, the Defendant ihall join Iffue, 
 or demur, in Four Days i and when the Defendant rejoins to the Plaintiff's Re- 
 plication, 
 
L A 7V S (9;^ N Q R T rt - C A R o L I N A. 233 
 
 plication, he (hall file his Rejoinder ia Four Days, or Judgment Ihall, in either ^- ^- ^746_ 
 Cafe, go againft the Defendant, by Default, unlefs the Time for fuch Pleadings '^ "*" 
 fhiiil be enlarged by the Court, as aforefaid ; and the fame Time fliall be given, 
 and Rules oblerved, through the whole Courfc of Pleading. 
 
 T H A T all Ifilies (hall be tryed at the next fjcceeding Court, or at the ne£t 
 Alfize, after the Illue joined, without any Notice given by the Attorney of either 
 Side ; nor fhall fuch Caufe be continued or delayed, unlefs Special Caofe be Ihewn 
 to, and approved of, by the Court. 
 
 T H A T the Clerk of the General Court fhall enter, in a particular Docket 
 for that Purpofe, all fuch Cafes, and thofe only, in which any IfTue is to be 
 tryed. Writ of Enquiry to be executed. Special Verdidl or Demurrer to be af- 
 gued, in the fame Order as they ftood in the Courfe of Proceedings. 
 
 THAT where a Special Verdift fhall be found, or where there fliall be a 
 Demurrer to Evidence, or Bill of Exception, Time fhall be allowed, upon Mo- 
 tion of either Party to the next General Court, to argue the fame. 
 
 THAT for the more entire and betttr Prcfervation of the Records of the 
 Court, where any Caufe is finally determined, the Clerk fhall enter all the Pro- 
 ceedings therein, and other Matters relating thereto, in a Book, to be kept for 
 that Purpoie, fo that an entire and perfe6t Record may be made thereof. 
 
 T H A T all Caufes to be tryed by Jurors, be firft beared. 
 
 T H A T all Motions in Arreft of Judgment, fhall be argued in the Four 
 laft Days of the Term the lifue is tryed, or the Court after any IflTuc fhall be 
 tryed at the Afiize -, the Defendant's Attorney firft ferving the Plaintiff '3 At- 
 torney with a Copy of his Reafons in Arreft of Judgment, the next Day after 
 fuch Motion. 
 
 THAT all Arguments on Writs of Error, Special Verdidls, and Demur- 
 rers, be beared on the Four laft Days of the Term, and at no other Time. 
 
 XL. AND be it further EnaSled, That all the Statutes of Jeofails which ?,'^'''f„' f^^.J"' 
 are now in Force in England^ are hereby declared to extend and be in Force here \ hae, 
 and that the fame be duly obfcrved by all Judges and Juftices of the feveral 
 Courts of Record within this Province, according to the true Intent and Mean- 
 ing of the faid Statutes •, any Law, Ufage, or Cuftom, heretofore made to the 
 contrary, notwithftanding. 
 
 XLI. A N D to the End that a certain Time be limited for the Sitting of the Cenewi Coart 
 General Court, and that Perfons who have any Suit or Matter there depending, J^ b" held.* "" 
 may the better know v/hen to attend, and that their Bufinefs may be the better 
 difpatched •, Be it EnaSled^ by the Authority aforefaid^ That the General Court 
 fhall be held at Newbern Twice every Year, to wit. On the Second Tuefdays in 
 September and March, Yearly ; and every Court fliall continue to be held Twelve 
 Days, Sundays exclufive, and no longer. 
 
 XLII. PROVIDED neverthelefs. That if all Suits and other Matters de- Provifc. 
 pending in the faid Court, fhall be ended in lefs Time than the Days appointed 
 by this Aft for the faid Court to be holden, it fhall and may be lawful to adjourn 
 the fame until the next fucceeding General Court, 
 
 N n n XLIIl. AND 
 
234 -^ -^ W S of North-Carolina. 
 
 A. D. "1746, 
 
 **"" V "^ XLIII. A N D he it further Enabled, hy the Authority aforefaid. That the 
 Court when 'and firfl General Court to be held at Newbern, fnall begin on the Second T'Hefday in 
 wh'jre to be heia. ^gpt ember, next, after the Ratification of this Aft; to which Time and Place, 
 
 all Bufinefs depending in the General Court in July next, fliall ftand continued 
 
 and adjourned. 
 
 Rules for taking XLIV. AND forafmuch as in many Cafes in the Tryal of Matters of Fad in 
 Affid:>vits of the General Court, it may be necelTary to examine feveral Witneffes, that the 
 WitnsfTcs. Xruth in fuch Cafes may be the better known •, Be it Enabled, by the Authority 
 aforefaid. That the following Orders, Rules, and Methods, in taking of Affida- 
 vits of Witneffes, in all Cafes depending, or to be depending, in the faid Court, 
 and every of them, be obferved and put in Praftice •, to wit, 
 
 T H A T in all Caufes where Witneffes are to appear at the General Court, a 
 Summons Ihall be iffued by the Clerk, for the Time being, dire6led to the 
 Sheriff of the County where fuch Perfons refide, exprefsly mentioning the Time 
 and Place where the Witneffes are to appear, and the Names of the Parties to the 
 Suit wherein they are to give Evidence, and at whofe Requeft they are fum- 
 moned. 
 
 THAT every Subpoena, made returnable imir^ediately, fhall be perfonally 
 ferved on any Perfon, who is thereby fummoned as a Witnefs to attend the Ge- 
 neral Court. 
 
 T H A T a Copy of any Subpoena or Summons, iffued by the Clerk in the 
 Vacation, and returnable on the firft Day of Court, or any other Day of. the 
 Court, or on the firfl: Day of the Affize, in Cafe the Perfon therein named be not 
 found at home at the Time of going to ferve the fame, left at the ufual Refidence 
 or Abode of fuch Witnef^ or Witneffes therein named, by the Sheriff, Five Days 
 before the Return of fuch Writ, fhall be deemed a good and valid Service, and 
 the Perfon thereby bound to appear. 
 
 Penalty oa Wit- XLV, A N D be it further Enabled, That if any Perfon be fummoned to at- 
 "ttlnd '^"''"^ " tend accordingly, every fuch Perfon fo failing, fhall forfeit, to the Perfon or 
 Perfons at whofe Suit the Summons iffued. Twenty Pounds, Proclamation Mo- 
 ney ; and fhall be further liable to an Adion on the Cafe, for what Damages 
 fuch Perfon fhall fufl:ain, for Want of fuch Witnefs's Teflimony. 
 
 Provifo. XLVI. PROVIDED always. That if fufficient Caufe be fhewn by the 
 
 Perfon fo fummoned, and failing to appear, of his or her Incapacity to attend, 
 at the Time he or Ihe ought to have appeared, then no Forfeiture or Penalty fhall 
 be incurred by fuch Failure : But if fufficient Caufe be not fhewn, at the next 
 fucceeding Court after fuch Failure, on Notice given, it fhall and may be lawful 
 for the faid Court, upon Motion of the Party for whom fuch Witnefs was fum- 
 moned, to grant Judgment for the Forfeiture afore-mentioned, againfl the Per-^ 
 fon or Perfons fo fummoned and failing to appear, as aforefaid. 
 
 witneis unable XLVII. A N D be it further Enacted, That if any Witnefs, by Sicknefs, 
 ntion'"'^' ^1^''"' -^S^' or other lawful Difability, be incapable of attending to give his or her Evi- 
 takeB.'"'^ ^ dence, according to fuch Summons, on Oath made thereof, the Judge or Juf- 
 tices of the General or County Court where fuch Suit is depending, fhall or may, 
 by a Commiffion or Commiffions, from Time to Time, as Need may requii-e, 
 impower fuch, and as many Perfons as they fhall think fit and neceffary, in any 
 County within this Government, to take and receive all and every of the Depofi- 
 tions of any Perfon or Peribns fo difabled, as aforefaid. 
 
 XLVIII. PRO- 
 
LAWS of North-Carolina, 235 
 
 A. D. 1746. 
 
 XLVIII. PROVIDED always, ^ That the Party praying for, and obtain- ^;j;v- ' 
 
 ing fuch Commifllon or Commiffions, tor taking and receiving any Depofitions 
 aforefaid, fhall make known to the other Party againft whom the fame is to be 
 taken, the Time and Place of the Execution of every fuch Commiffion, at leaft 
 Ten Days before the Day appointed for fuch Execution •, who fhall have Liberty 
 to crofs examine fuch Witneffes •, and all Depofitioiis otherwife taken than is 
 herein diredled, fhall be, to all Intents and Purpofes, naU and' void. 
 
 XLIX. AN Die it further Enacted, That if any Perfons whofoever, be fum- Penalty on Per- 
 moned as a Witnefs, and upon his or her Appearance in the General or County ^""^ ^'^"'""s '° 
 
 » • pivc lividcncc 
 
 Court, or before the Perfon appointed to take Depofitions as aforefaid, fhal] re- 
 fufe to give Evidence, upon Oath, fuch Perfon fo refufing, fhall immediately 
 be thereupon committed to the Common Goal, there to remain, without Bail or 
 Mainprize, until he or. fhe fhall be willing to give Evidence, upon Oath, in fuch 
 
 Manner as the Law now doth, or at any Time hereafter, fhall direft.''-'--^ 
 
 .oij !(_•'■■ - 't -joi ? ■ 
 
 L. P ROV ID ED d-ujays. That the People called ^^/^^r/, /half have the Quakers allowed 
 fame Liberty of giving their Evidence, by Way of Solemn Affirmation or De- thv-ifAffirmatit.n, 
 claration, as by an Adt of Parliament, made in the Eighth Year of the Reign of 
 the late King George, intituled. An A£i, for granting to the People called Qua^ 
 kers, fuch Forms of Affirmation or Declaration, as may remove the Difficulties 
 which many of them lie under ; and that all Negroes, Mulattoes, bond and free, 
 to the Third Generation, and Indian Servants or Slaves, fhall be 'deemed and ^vfE^de^ceon! 
 taken to be Perfons incapable, in Law, to be Witneffes in any Caufe whatfo- 'y ^e^'"** °"^ *- 
 ever, except againft each other. not er. 
 
 LI. AND he it further Enacted, That during the Attendance of any Per- witncncsexempt 
 fon, fummoned as a W^itnefs at the General or County Courts, and .as the faid fromFroccfs^du- 
 Perfon fhall be going to, and returning from the Place of fuch Attendance, al- ''"^ 
 lowing One Day for every Twenty Five Miles fuch Perfon's Refidence (hall be 
 diftant from the fame, no Perfon whofoever fhall lerve or execute, or caufe to be 
 ferved or executed, upon any Perfon lb attending, going to, or returning from^ 
 fuch Place of Attendance as aforefaid, any Writ, Procefs, Warrant, Order, 
 Judgment, or Decree, in any Caufe -, and if fuch fhall be ferved or executedj 
 the fame fhall be void, to all Intents and Purpofes. 
 
 LII. AN D be it further Enacted, That for every Mile any Perfon fhall Allowance for 
 travel, either in going to, or returning from, the Place where he or fhe fhall be Evidences. 
 fummoned to appear as a Witnefs, there fhall be paid to him or her, by the Per- 
 fon or Perfons on whofe Behalf the Summons iffued. Three Half Pence, Procla- 
 mation Money, per Mile, together with the neceffary Charges of Ferriage, in 
 going and returning, and Two Shillings, Proclamation Money, per Day, for 
 every Day's Attendance, from the Time appointed for Appearance, until the 
 Time fuch Perfon fhall have given his or her Evidence, or fhall be difcharged, 
 
 LIII. AND be it further Enabled, That in any Bill of Cofts, there fliall not 3 witneffes ai- 
 be allowed the Charge of above Three Witneffes to the Proof of any one particu- '°^^^^ tooneFaa. 
 lar Matter of Faft. 
 
 LIV. PROVIDED always. That no Suit fhall be brought to the General n„ s«it te bein 
 Court, for a lefs Sum than Five Pounds, Proclamation Money ; unlefs the Plain- '^e Gen. court 
 tiff and Defendant live in different Counties. ^'" '''"' '*"'" ^ '" 
 
 LV. AND for the better Eflablifhing the County Courts within this Pro- county Courts 
 vince, and regulating the Proceedings therein •, Be it Ena£ledy That in every Eft.<Win>«d. 
 
 County 
 
236 La W S of North-Carolina. 
 
 A. D. 1746. County within this Government refpefftively, there ihall be held Four Courts in 
 
 ^-. — ^ f ^^^ Year, at fuch Times and Places as heretofore, according to antient Cuftom 
 
 * and Uliige, hath been known, ufed, and pradifed. 
 
 Three juftices to Lvl. AND h it Efiac^ed, hy the Authority aforefaid. That the Juflices of 
 "y''JiMauersby thc aforcfaid County Courts, or any Three of them, fhall and may take Cogni- 
 them oognizabic. ^a^ce of, and are hereby declared to have full Po\ver, and lawful Authority, 
 and Jurifdi6tion, to hear, try, and determine, all Caufes, A6tions, Suits, Mat- 
 ters, and Things, at Common Law, where the Debt, Damages, and Caufe of 
 Aftion, is above Forty Shillings, Proclamation Money, and does not exceed 
 Twenty Pounds like Money •, (Adlions of Trefpafs in Ejedment, "Writs of For- 
 medon in Dccendtr, Remainder, and Reverter, always excepted -, ) and all Petty 
 Larcenies, Affauks, Batteries, and Trefpafles, Breaches of the Peace, Crimes, 
 Offences, and all other Mifdemeanors, of what Kind foever, of an inferior Na- 
 ture, may hear, (Forgery and Perjury excepted,) by Indidment, Information, or 
 Prefentment •, and all Matters pertaining to Orphans, and their Eftates, and all 
 Petitions for filial Portions and Legacies, or other Parts of Inteftates Eftates : 
 Their Power oat And that the faid Juftices of the Peace, and every of them, from Time to Time, 
 of Court. ^^^ ^^ ^jl Times, during their Continuance in that Office, as well out of Court, 
 
 as wkhin, fhall have full Power and Authority, as amply and fully, to all In- 
 tents and Purpofes, as Juftices of the Peace in the Counties in England^ as well 
 out of their Court of Quarter Seffions, as within, to preferve, maintain, and keep 
 the Peace within their refpeclive Counties j and in the hearing, trying, and deter- 
 mining of all Caufes, according to the Authorities and Powers granted to them 
 by this Ad, or which ftiall be granted to them by any other or more Ad or 
 Ads, and every of them, ftiall proceed to do Juftice, to all Perfons whatfoever, 
 according to Law. 
 
 Attflwey Gene- LVII. A N t) be it further Ena^ed, That the Attorney-General, for the Time 
 Dlp«Vin°"ch being, is required and authorized to appoint a Deputy in each County within 
 County. ti^is Province ; which faid Deputy ftiall and may profecute all Matters, cogniza- 
 
 ble in the County Court, for and in Behalf of his Majefty, and ftiall take and re- 
 ceive Thirteen Shillings and Four Pence, Proclamation Money, on each and 
 every Bill of Indidment found, or Prefentment made, in the faid Court in which 
 he is or fliall be Deputy. 
 
 cunty Court. LVlII. AND that all Perfons may be at the greater Certainty when to attend 
 
 when held. ^.j^^ ^^-^ Courts ; Be it Enacted, by the Authority afore/aid. That the Courts of 
 
 the feveral Counties ftiall be holden on the refpedive Days, and at the refpedive 
 
 Places they were ufually held, and ftiall not be adjourned to any other Time than 
 
 the next fucceeding Court which fliall be in Courfe, Quarterly. 
 
 . p^^^j^ LIX. PROVIDED always. That if k ftiall fo happen, that all the 
 Sjoirn, '''""' Caufes depending, or to be depending in any of thc faid Courts, cannot be 
 beared, tryed, and determined, upon the Day appointed for holding the Courts 
 > refpedivcly, that then, and in all fuch Cafes, it fliall and may be lawful for the 
 Juftices of fuch Courts, to adjourn and hold the Court, de Die in Diem, fo as the 
 faid Court fliall not continue to be held longer than Five Days ; in which Time, 
 all Caufes and Controverftes then depending before them, fliall be lieared, tryed, 
 and determined, or continued over until the next Court in Courfe. 
 
 Rules i« the LX. AND for thc regular and fpeedy Profecution and Determination of all 
 Co.ntyCou.ts. ^^^^^^ ^^^ g^j^^ j^ ^j^^ faid County Courts, Be it Enabled, by the Authority 
 aforefaid. That the following Rules and Methods fliall be obferved, to be thc 
 Pradice of the feveral County Courts within this Province : That all Writs, Sum- 
 mons, or other Procefs, to bring any Perfon or Perfons into Court, from and 
 
 after 
 
LAWS of North-Carol I N A. "^iJ 
 
 after the faid Fifteenth Day of July^ next ;ifter the Ratification of this Ad:, fliall ^ ^- ''+^^ 
 be fio-ned and bear Teft by the Clerk of the County Cotirt from whence ftich '"^ 
 Procefs ifllies. 
 
 LXI. A NT) be it further Enacted, hy the Authority aforefaid, Thzi-iW (\.\c\v Wnts,&c. when' 
 Writs, Summons, or other Trocefs, (except Subpoenas to fummqii Evidences, l^wim Time w 
 which may be made returnable immediately,) fhall be returnable on" the Firft be executed. 
 Days of fuch. Court, and Ihall be executed at leaft Five Days before the Day 
 mentioned therein for Return thereof-, and all Declarations Ihall be ferved at leail 
 Five Days before the Day of the Sitting of the Court: And if any Perfon ifiues 
 any Writ or Procefs whilft fuch Court, is fitting, or within Five Days before the 
 Beo-irtning of any County Court, fuch Writs or Procefs fliall be returnable to the 
 County Court after that then fitting or beginning within Five Days, as nforefaid, 
 and no otherwife ; and all Writs and Proctfs iffued, made returnable, or executed, 
 at any other Times, and in any other Manner than is herein direclec], fliall. be 
 null and void. / ' 
 
 LXII. PROVIDED always. That nothing hefeih contained,' fhaiPel^- ^^Y£"^r?&c' 
 tend or be conftrued, to invalidate or vacate any Writ, Procefs, Warrant," or "' 
 Precept, ifllied by any of the Juftices of the County Courts on any Criminal 
 Profecution, or in his Majtfty's Behalf, but the fime may be returnable on any 
 Day in the Sitting of the fuid Court; and the Proceedings in all Criminal Suits 
 and Profecutions, fhall be had according to the Laws and Statutes ot Great- 
 Britain, and this Province : Any Thing herein contained to the contrary, jn 
 any-wife, notwithftanding. ~.!"\. '. 
 
 LXIII. AND be it further Enabled, by the Authority uforefaid, "^Viit frdtfi sherifstJuty, «« 
 and after the faid Fifteenth Day of July, when any Writ Ihall iffue to take the \^^^^ ^(t't^ 
 Body of any Perfon to anfwer unto any Plaintiff, in any Adion in a County peWon'/ " 
 Court, the Sheriff fhall return therewith a Bail Bond, with Two fufficient Se- 
 curities, for double the Sum for which the Perfon fhall be held in Afreft, (Exe- 
 cutors and Adminiftrators only excepted,) to the Clerk, on or before the firft 
 Day of every Court; and if the Sheriff fhall not return Bail, or the Bail fo re- oi what liable to, 
 turned fhall be found infufhcient, upon Exception taken thereto, then, and in 
 fuch Cafe, the Sheriff fhall be taken and fland as Special Bail for the Defendant, 
 and the Plaintiff fhall not be delayed in his Suit or Adion, but fhall and may 
 proceed, according to the Rules hereafter mentioned ; and on Judgment, or Re- 
 covery, fh.tll t-ike out Execution againft the Defendant or Sheriff; any Law, 
 Ufage, or Cuflom, to the contrary, notwithftanding. 
 
 LXIV. P ROVIDED al'Ways, That if the Defendant puts In Special Bail, Pf^^''"' 
 before the Time to plead given him hereafter mentioned is expired, then the faid 
 Sheriff fhall be difcharged. 
 
 LXV. PROVIDED alfo. That the Sheriff may furrender the Defendant, Provifa, 
 in Difcharge of himfelf, any Time before final Judgment is obtained againft the 
 Defendant. 
 
 LXVI. AND be it further Enabled, hy the Authority aforefaid. That from ^"^^'^^''^^e'" 
 and after the faid Fifteenth Day of July, the Defendant fhall enter his Appear- County Courtr, 
 ance, and file his Plea, whether General or Special, the firft Court, which, if he 
 fail or negkd to do, the Plaintiff fhall have Judgment, by Default ; which faid 
 Judgment, in Adions of Debt, fliall be fin J, except where Damages are to be 
 fuggefted on the Roll, in which Cafes, and all others where the Plaintiff fhall re-^ 
 cover in Damages, a Writ of Enquiry fhall be executed the next Court. 
 
 O o THAT 
 
238 L A ti/" S o/'North-Carolina. 
 
 yl. D. 1746. 
 
 *'-"- ■"V""^ T H A T all Ifiues, whether General or Special, fhall be joined, tryed, and 
 argued, the next fucceeding Court -, unlefs fufficient Caule is fliewn to fuch 
 Court, why fuch Caufes {hall be continued or laid over to the next Court then 
 fucceeding. 
 
 T H A T all Caufes at Ifilie, ready for Tryal, fhall be firft" Hgare^ and tryed. 
 
 THAT every Motion in Arrefl of Judgment, fhall be made and argued. 
 Ore TcniiSy the laft Day of the fame Court the Iffue is tryed. 
 
 THAT where any Special Verdidt fhall be found, or Demurrer to Evidence 
 filed, at the Motion of either Party, Time fhall be allowed to the next fucceed- 
 ing Court for hearing. 
 
 T H A T the Clerk of every County Court, when any Caufe is finally deter- 
 mined, fliall enter all the Pleadings and other Matters relating thereto, into a 
 Book, to be kept for that Purpofe, that an entire and perfedl Record may be 
 made up. 
 
 Appeal* how LXVII. A N D for granting of Appeals from the County Courts, to the Gc- 
 granted. ncral Court, and obtaining Writs of Error to the County Court ; Be it EnaEled, 
 
 by the Authority aforefaid. That when any Perfon or Perfons, cither Plaintiff or 
 Defendant, fhall be diffatisfied with the Judgment of the County Court, and 
 pray an Appeal to the General Court, fuch Perfon or Perfons, before fuch Ap- 
 peal fhall be granted, fhall enter into a Recognizance, with Two fufficient Sure- 
 ties, for profecuting the fame, and to perform the Judgment of the General 
 Court, and pay the Condemnation Money, in Cafe the Appellant fhall be cafl in 
 the faid Suit. 
 
 Writs of Error LXVIII. AND becaufc it often happens, that in iflliing of Procefs, carrying 
 how obtained. ^^ ^j^g Proceedings, and in rendering Judgment in the faid County Court, there 
 is Error, to reverfe Judgment •, Be it Ena£ledy That when any Defendant is de- 
 firous to profecute a Writ of Error, he fhall move the County Court where fuch 
 Suit is depending, to allow a Writ of Error, he firft entering into a Recog- 
 nizance as above mentioned ; and the faid County Court is hereby to allow there- 
 of, as if fuch Writ of Error was then and there produced. 
 
 Rui« of Court LXIX. AND for carrying on, and profecuting fuch Appeals and Writs of 
 in App:;ai5 and Error, to and from the General Court -, Be it Enaffed^ by the Authority afore- 
 
 faidy That the following Rules and Methods of Praftice fliall and may be ob- 
 
 ferved ; to w//, 
 
 THAT when any Perfon, either Defendant or Plaintiff, conceives he Is in- 
 jured by any Judgment given in the County Court, he may appeal to the Ge- 
 neral Court, in Manner and Form as above diredied ; and a 1 ranfcript of the 
 Proceedings of the County Court, fliall be filed with the Clerk of the General 
 Court, Fifteen Days before the Sitting of the Court, and a Tryal de Novo thereon 
 fhall be had at the faid General Court, or Court of Aflize, where the Vifne is laid in 
 any County where the Aflize is held, and a Tranfcript of the Proceedings of fuch 
 County Court fliall be fent down from the General Court to the Aflize, in Order 
 for fuch Tryal, without further Notice given by either Party ; and if fuch Tran- 
 fcript of the Proceedings is not filed within the Time aforefaid, with the Clerk 
 of the General Court, or if the Appellant fhall fail to appear at the General 
 Court, to profecute his Appeal, then the Judgment of the County Court fhall 
 be affirmed ; provided, that there fliall be Thirty Days between the Day of Tryal 
 
 in 
 
 Writs of Error, 
 
LAWS of NoRT H-G A RO L I N A. 
 
 -39 
 
 -V"- 
 
 in the County Court, and the next fucceeding General Court : But when it io ^- i^- 1746- 
 happens, that there are not Thirty Days betweerj fuch Tryal and^ t^e General '^ 
 Court, fuch Appeal fhall be continued, and a Tranlcript of tlie' Proceedings 
 tranfmitted to the General Court then next following : And where any Dtfcn- 
 
 upon a Iranicript or tiie Proceedings fhall be hied with the Clerk of the Gener^ 
 Court, Fifteen Days before the Court; and the Defendant profecutihg fuch Vvrit 
 of Error, fhall afiign and file Errors Fifteen Days before the Court •,. arid in,Ca,i[e 
 fuch Defendant fliail negted to file fuch Writ, and affign Error, as abovefaid, 
 or fhall fail to appear and argue fuch, then the Judgment; of rh^ County Coiirt 
 fhall be a!3rnied : Provided, that there fhall be Thirty Days between fuch Mo- 
 tion for obtaining a Writ of Error, and the Time of holding the General Court. 
 
 LXX. A N D in Order to oblige the Clerks of the County Courts to draw cierk to draw a 
 Tranfcripts in fuch Caufes where an Appeal is granted, or Writ of Error allow- Tranfcipt oitiie 
 ed ; Be it Enattai, That in every County Court within this Government, when J^iwef i^te the 
 an Appeal fhall be granted, or Writ of Error allowed, the Clerk of fuch Court ^'"^y within n 
 fhall immediately make up a full and perfcd: Record of all the Proceedings in naUy' of^j 1. "^ 
 fuch Caufes, and fhall, within Twelve Days after the Adjournment of the faid 
 Court, give an attcfled Tranfcript of fuch Record to the Perfon appealing, or to 
 whom the Writ of Error is allowed -, and every Clerk negleding to do the fame, 
 fliall forfeit and pay, to the Appellant, or Defendant, the Sum of Five Pounds, 
 Proclamation Money, to be recovered, by fuch Appellant or fJefendant, by 
 A6tion of Debt, Bill, Plaint, or Information, in the County or General Court ; 
 wherein no EfToign, Injundion, or Wager of Law, fliall be allowed of: And 
 the faid Clerk Ih.di alfo be liable to an Aftion on the Cafe for Damages, to be 
 recovered by the Perfon who is hereby intituled to an attefted Tranfcript. 
 
 LXXI. AND be it further EnaSfed, by the Authorty aforefaidy That all and cierks to attend 
 every Clerk and Clerks, of the fcvejral County Courts within this Province, fhall ' ^'y '" ^^"x 
 be obliged to attend. One Day in every Week, either at his Place of Abode in officJs/on'pe-^ 
 the faid County, or at the Clerk's Office, to wit^ every Monday^ from Nine of "^ity«f s'- 
 the Clock in the Morning, 'til One^ and from Two, 'til Five, in the After- 
 noon ; and every Clerk, on Failure thereof, and negleding the Bufinefs of the 
 County, for his Non-attendance, fhall forfeit and pay, to any Perfon who hath 
 Bufinefs with the faid Clerk, and wants any Thing from his Office, who will fue 
 for the fame. Five Pounds, Proclamation Money •, to be recovered by Adion of 
 Debt, Bill, Plaint, or Information ; wherein no EfToign, Injundion, or Wager 
 of Law, fhall be allowed of. 
 
 LXXII. AND he it further Enacted^ hy the Authority nforefaid^ That no 
 Writ, Procefs, Action, Suit, Complaint, or Profecution, depending in the Ge- diLnSued by 
 neral or Coynty Courts within this Province, fliall be dilcontinued by Reafon or ^- J"'^'"'« ^ot 
 Caufe of Sicknefs happening to the Chief Juflice, or any of the Juflices of the "''"'"^" 
 County Courts, or on his or their failing to meet on the D^, and at the Time 
 appointed, to hold fuch Court and Courts -, but that all Writs, Procefs, Adions, 
 Suits, Complaints, Profecutions, and all Matters and Things incident thereto, 
 fhall be continued, and be in Force and Virtue, as if fuch General and County 
 Courts had been regularly holden -, and that it fliall and may be lawful for any 
 Afl'ociate Jufbicc, in the General Court, or any one Jufl:ice of the County Court, 
 to adjourn the faid Court, de Die in Diem ; any Law, Cufl:om, or Ufage, to 
 the contrary, notwithftanding. 
 
 LXXIII. A N Dbe it further Enabled, by the Authority aforefaid. That the aa, repealed. 
 Ad, intituled, An //^, for afcertaining the Time and Method for executing and 
 
 Return 
 
^40 LAWS ^North-Carolina. 
 
 A. D. 1746. Return of original JVrits^ and for the better regulating divers Proceedings in the 
 - "^^'" Court of Pleas ; the Aft, intituled, An yl£l, concerning Evidences ; the A6t, inti- 
 tuled. An A^, for the Relief of fuch Creditors tvhofe Debtors, having Lands in 
 this Government^ depart without leaving pcrfonal Efiate fujfcient to -pay their 
 Debts \ and fo much of the Ad:, intituled. An A£l, concerning Appeals and Writs 
 of Error, as any Way relates to Appeals and Writs of Error ; the Ad:, intitu- 
 led. An A£f, for Regulating Proceedings on original Attachments ; and the Ad, 
 intituled, An A5f, for appointing Circuit Courts, and for Enlarging the Power of 
 the County Courts ; and every Claufe and Claufcs, Article and Articles of them, 
 and of every of them, as are within the Purview of this Ad, is and are hereby 
 Repealed, to all Intents and Purpofes whatfoever. ^ 
 
 SIGNED by 
 
 Gabriel Johnston, Efqj Governor. 
 
 Ekazer Allen, Prefident. 
 
 Samuel Swann, Speaker, 
 
 ^<^' 
 
 
 Anno 
 
LA W S of North-Carolina. 
 
 241^ 
 
 ir< w, -xu v^ •< -i -t^ 'i^ .'i<^ ,"'■■" .-*^' ."><>" -*'- "<i^ -*" '^ ."i^ .-^v- -Or^ -<u -vv, -Jt, -»v, -ju -yu -yu -y -yt. 
 
 P^'^'^^g ^Y^J^ W ^^ ^^^ W ^^ 
 
 &t=a„ _fe=:i^=i, «fe=^V=^ flfe==^'«*:^ «J^^^ nfe=^ "^ 
 
 ji. D. 1746. 
 
 ^- -ij^ -iV -AN ^f" ^r- '^^ -i^ "-.(^ '^h' ^f' "1^- ".r- 'i?- "9- ^f- "in --in 'if- ^h -iK -»K- -.h- -i!>- ^S>. H 
 
 Anno Regni 
 
 G E 
 
 II II 
 
 Regis, Magn£ Brhannice, Franct£, & 
 Hihernice, VicefTimo. 
 
 At a General ASSEMBLY, held at Nt^hcrn, the g.bhiz. 
 Seventh Dny of March, in the Year of our Lord One I^G-rno;. 
 Thoufand Seven Hundred and Forty Six. 
 
 C H A P. I. 
 
 An A5i^ for appet?iting Com?niJJio?iers to Revife and Print the Laws of this 
 Province, arid for granti?2g to his Majejiy, for defraying the Charge 
 thereof a Duty on Wine, Rum, atid dijiilled Liquors, and Rice, im- 
 ported into this Province. 
 
 WJ H E R E A S for Want of the Laws of this Province being Revifed preamWt, 
 
 and Printed, the Magiftrates are often at a Lofs how to difcharge their 
 Duty, and the People tranfgrefs many of them through Want of knowing the 
 fame : Wherefore, 
 
 : II. W E pray that it may be Enadled, And be it Ena^led^ by his Excellency Commi/Honef. 
 iGabriel^ Johnfton, Efq; Governor, by and with the Advice and Confent of his tfSprint the 
 Majejty^s Council, and Geiieral Affembly of this Province, and by the Authority of Laws? 
 the fame. That the Honourable Edward Mofeley, Efq-, Samuel Swann, Efq; the 
 Honourable Enoch Hall, Efq; and Mr. Thomas Barker, or the Majority of 
 them, be, and they are hereby nominated and appointed Commiflioners, to Re- 
 vile and Print the feveral Ads of AlTembly in Force in this Province. 
 
 III. AND be it further Enacted, That the faid Commiffioners fliall revife the To mnJce.n in- 
 faid Afts of Aflembly, and compile them in one Body, and make an Index, Not'es^alfd^Kt- 
 Marginal Notes, and Refcrrences thereto, and Ihall lay the fame before the next ferrcnces"3ndto 
 fucceeding General AfTcmbly after they Ihall have fo revifed and compiled them, ?heir x/oubk.^" 
 to be ratified and confirmed ; and fuch only of the faid Commiflioners as Ihall 
 
 P P p ' revife 
 
242 L A iv S of North-Carolina. 
 
 A. D. 1.746. revife the Laws, Ihall have and receive, for their Trouble in reviling and com- 
 
 *^.— V- ' piling the faid Ads, the Sum of Sixty Pounds, Proclamation Money •, to be paid 
 
 by the General Afiembly, out of the Duty on Wine, Rum, and diftilled Li- 
 quors, and Rice, arifing and made payable by Virtue ot this A<5t. 
 
 Laws to be print- jv. A N D be it further EnaEfed^ That after the faid Ads fliali be revifed and 
 to\vhom^io'"b" compiled by the faid Commiffioncrs, or the Majority of them, as aforefaid, anql 
 given to. ratified and confirmed by the General Alfembly, the fame fhall, with all con- 
 
 venient Speed, be printed, by the f lid Commillioncrs, or the Majority of them, 
 ■ who fliall furnifli and deliver feveral Books of the faid Laws, well bound, and 
 Lettered on the Back, to the feveral Officers, Offices, and Courts, herein after 
 mentioned ; that is to fay. One to his Excellency the Governor, One for the Ufe 
 of his Majefly's Council, One for the Ufe of the General Aflembly, One for the 
 Ufe of the Secretary's Office, One for the Ufe of the General Court, and One tp 
 each and every County Court relpcdivcly in this Province : And fuch only of the 
 ^°m!l!ier!'u) "be f^id Commillioncrs v/iio ihall revile the Lav/s as aforefaid, fhall have and receive, 
 pai.i 100!. =n.' fQi- printing the faid Ads, and turnilhing and delivering the feveral Book.s afore- 
 VeSnVforfive faid, the Sum of One Hundred Pounds, i^roclamation Money ; to be paid by the 
 Years. General Affembly, out of the Money arifing by the Duty before mentioned -, and 
 
 alfo, the Benefit and Advantage of the fole Printing and Vending the Books of 
 the faid Laws, for and during the Space or Term of Five Years -, and Ihall not 
 take or receive above the Sum of Ir ifteen Shillings, Proclamation Money, for 
 each Book by them fo printed. 
 
 petfoni offering ~V. 4ND be it further EyiaSted^ by the Authority aforefaid^ That if any Per- 
 
 cnnwr°''Vo'fh'^ fon or Perfons fliall import into this Province, any printed Book or Books, or 
 
 A'ir'ts ^rfei't fhall fell, or offer to Sale, any printed Book or Books of the faid Lav/s, within 
 
 B<!ok^"' "''' the Term of Five Years, without the Licence of the faid Commiffioners, their 
 
 Heirs or Affigns, other than fuch as fliall be printed by the Order and Appro- 
 
 * bation of the faid Commiflioners, their Heirs or Affigns, fuch Perfon or Perfons 
 
 fliall forfeit and pay, to the faid Commiffioners, their Heirs or Affigns, the Sum 
 
 of Five Pounds, Proclamation Money, for each and every Book fo imported, 
 
 fold, or offered to fale^ contrary to the true Intent and Meaning of this Ad •, to 
 
 be recovered in the fame Manner as other Forfeitures in this Ad. 
 
 Surplus Money yj^ ^ N B be it fuTthcr Ettacted, by the Authority aforefaid. That if any Sur- 
 applied. ^j^^^ ^^ ^^^ Money arifing by Virtue of this Ad, .fliall remain, after Payment of 
 
 the faid feveral Sums to the Commiffioners aforefaid, for revifing and compiling, 
 (printing, furniffiing, and delivering the faid feveral Books aforefaid, the fame 
 iliiill be applied, by the General AffumbJy, for and towards difcharging the Pub- 
 lic Debts of this Province. , 
 
 Printed Laws to VII. A N D be it further Ena£fed, by the Authority aforefaid. That the fe- 
 
 be givea in Evi- ygj-^i Rooks of thc Laws, revifed and printed by the faid Commiffioners, or the 
 
 '''^"-' Majority of them, as aforefaid, ffiall be allowed to be given in Evidence in all 
 
 and every of the Courts of Judicature in this^ Province, and before any Magifl:rate 
 
 or Magiftrates, in any Matter or Controverfy depending before them. 
 
 seeretary tc give VIII. A N D for furnifhing the Commiffioners aforefaid with a true and pef> 
 a Copy of the fe(f|. Copy of the faid Laws, Be it Em^.ed, That the Secretary ot this Provmcfe 
 eommLail fliall make out and deliver, to thc laid Commiffioners, or the Majority of them, 
 a true and parfed Copy^of the faid Laws now in Force, and the Titles ot fuch as 
 have been repealed or become obfolete, which fliall be by the faid Commiffioners, 
 or the Miyontv of them, examined with the Original; for which Copy, and for 
 mnknWm^ and fending Copies of this Ad to the feveral Receivers of the Duties 
 hui'm thi^. Ad, {wWh .he..i& hereby required imiDcdiately to do,) he fliall have 
 
 and 
 
L A JV S of North-Caroljna. 243 
 
 aad receive the Sum of Twenty Pounds, PrQclamation Money, to bfi paki -by "*■ :^- '746. 
 thevGoaoral AtieuibJ-y, out ot .che Money ariiing by Virtue at this Aft. ^ ~^ "^ 
 
 IX. AND for raifing the fuel feyeral Sums of Money, herein before mertti- D>,ty on Liquors 
 oned to be paid to the faid Com/iiifiloners, for revifing the faid Afts, and print- Sljcwge.*" 
 i^ng and ddivering the feveral Books aforcfaid j Be it Enacted^ by the Authority 
 eforefaidy That for every GaUon of Wine, Rum, and other diftiiJud Liquors, 
 which, from and after the ftrft Day of May,^ next atter the Ratification of this 
 Atfb, ihall be imported or brought into this Government, from any Port or 
 Piace, {Grtai-Britam excepted.,) eitheir by Land or Water, the Duty of TJiree 
 Peuice, Proclamation Money, or Bills equivalent, or the Value thereof in the fame 
 Liquor for which the Duty is payable., at the Rate of Two Shillings and Eight 
 Pence, Proclamation Money, per Gallon, provided the Sum payable amounts, 
 in liie Whole, to, and is paid in, a full Cafk of the faid Liquors, containing 
 Fifteen Gallons, which lliall be fold at Public Vendue, to the higheJft fiidder, for 
 ready Money, liril giving Ten Days Notice of fuch Sale ; and alfo, the Duty of 
 Three Shillings and Four Pence, Proclamation Money, for every Hundred 
 Pounds of Rice, that Ihall be jnjported as aforefaid, Ihall be paid by the Impor- 
 ter or Owner of the fame, until the firft Day of May^ which fhall be in the Year 
 ©four Loi'd One Thoufand Seven Hundred and Forty Nine, and no longer. 
 
 3C JNDbeit further Enacted^ That no Wine, Rum, or other diflilled Li- Liquois anaRke 
 quor.s, QX Rice, (hall be landed, put on Shore, or any other Way delivered, out "j[n°''^ ^^"i'^ 
 of the VejSH importing the fame, before due Entry, on Oath, made thereof, 
 with tile Officer or OfBcers in this Adl hereafter appointed, for receiving of the 
 Duties ifl the Port or Place where the fame Ihall be imported, or before the faid 
 Duty Ihall be fully fatisfied and paid, or fecured to be paid, and a Permit had, 
 under die ITand of the Officer or Officers, for landing of Delivery thereof ; and 
 chat all Liquors or Rice landed or put on Shore contrary to the Diredlions, and 
 true Intent and Meaning of this Act, or the Value thereof, lliaJl be forfeited j 
 One Half to his Majefty, for the Ufe of the PuhHc, and the other Half to him 
 or them who will inform or fue for the fame •, to be recovered as in this A<5t here- 
 after is direded. 
 
 XJ. JND h it further Emcted^ That any Perfon or Perfons, bringing any if hroughtinby 
 Wine, Rum, or any diftilled Liquors, exceeding one Gallon of Wine, Rum, ^ "'*' *^'^p<'" »° 
 or any diftilled Liquors, or above One Hundred Weight of Rice, from any o^y™^ on'"i4n" 
 Other Colony, into this Province, by Land, Ihall, in Ten Days after he or they "^ 3 '■ 
 have or hath lodged or houfed the fame, make a due Report, on Oath, of the 
 Quantity of fuch Wine, Rum, or any diftilled Liquors, or Rice, by him or 
 them brought in, to the Officer or Officers of the refpeftive Ports appointed by 
 this Ad to receive the Duty ; and on Default thereof, (hall forfeit Three Pounds, 
 Froclamation Money •, to be applied and recovered as aforefaid. 
 
 XII. AND be it further Ena^ed^ That if any Perfon or Perfons (hall pay "^^^{["^ 2'""' 
 any of the Duty or Cuftom aforefaid in Silver or Gold Coin, of his or their Im- ^f'anf. allowed! 
 pprtation into this Government, to be proved by the Oath of the Party or Parties 
 
 paying the hrr\^, fuch Perfon or Perfons fhall have an Abatement or Allowance 
 on the D\ny aforefaid fo paid and fatisfied, of Fifteen per Cent, and every Officer 
 eppointed in Virtue of this Ad to colled the faid Duty, arc hereby authorized 
 ©nd required to make the fame Allowance or Abatement accordingly. 
 
 XIII. AI<i D .be it further Enacted., hy the Authority aforefaid^ That no Col- c^''^^"' "■'' ♦» 
 Jf;€tor of any of the aforefiid Ports, (hall clear any Ship, VelTel, or Boat, before tlrVJlJ pSJ 
 ehe Mafter ftiAlJ produce a Certificate, figncd by fome one of the Receivers ap- 
 pointed w Vifti^c of this Ad, that hs. hath paid the Duties aforefaid of tlie Wincj 
 
 Rumj 
 
244 LA IV S of North-Carolina. 
 
 ji. D. 1746. ^ Rum, and other diililled Liquors, or Rice, imported by him into this Province, 
 under the Penalty of Twenty Pounds, Proclamation Money ; to be recovered 
 and applied as other Forteitures in this A6t, relating to the coUefting and paying 
 the faid Duties,' are to be recovered and applied. 
 
 > ^ 
 
 en Pen. of sol. 
 
 Officers allowed XIV. A N D be it further Enacted, That the Officers appointed for collefting 
 6 per Cert. and receiving the faid Duties, fliall be allowed Six per Cent, for all fuch Sums 
 they fliall receive in Virtue of this A<5t. 
 
 Officers 
 
 XV. AN D be it further Enacted, That-Mr. William Rofs, be, and is hereby 
 >pp™nt- nominated and appointed Receiver of the faid Duty in the Port of Brunfwicky 
 and fliall refide at Brunfivick, to receive the faid Duty on the faid Liquors or 
 Rice imported in fuch Veflel or VelTels which fliall enter in the Port of Briin- 
 fwick : And that Mr. Thomas Lovick, and Mr. James Macklezvean, be, and. are 
 hereby nominated and appointed Receivers of the faid Duty in the Port of Beau- 
 fort •, to wit. The faid Thomas Lovick to refidc at Core-Sound^ to receive the faid 
 Duty on the faid Liquors, and Rice, imported in fuch VeflTel or Vellels which 
 fiiall lade or unlade in Core-Sound, or Bear Inlet -, and the faid James Macklewean 
 fhall refide at Newbern, and fliall receive the Duty aforefaid on the faid Liquors, 
 and Rice, imported in fuch Veflel or VeflTcls which fliall lade or unlade in Neus 
 River : And that Mr. Andrew Conner, be, and is hereby nominated and ap- 
 pointed Receiver of the faid Duty in the Port of Bath .• And that Mr. John Lo- 
 vick, Mr. William Perfons, Mr. James V/ilfon, and Mr. John Edwards, be, 
 and are hereby nominated andi appointed Receivers of the faid Duty in the Port 
 of Roanoak -, who fliall reflde and keep their Offices at the feveral Places here- 
 after mentioned ; to wit, , The faid Mr. John Lovick, at or near Eden Houfe, or 
 Edcnton ; Mr. John Edwards, in Northampton County ; Mr. William Perfons, 
 in Granville County -, Mr. James Wilfon, at Bennett-Creek Bridge, in Chowan 
 County : And Mr. Andrew Duke, is hereby nominated and appointed Receiver 
 of the faid Duty in the Port of Currituck : Which faid Receivers, refpedlively, 
 fhall give fufficient Security, payable to his Majefty, in the Sum of Two Hun- 
 dred Pounds, Proclamation Money, for the Ufe of the Public, for his faithful 
 Difcharge of his Duty by this Ad: dire6ted : And in Cafe of the Death, or Re- 
 moval out of this Province, or Rtfufal to aft, of all or any of the Receivers, it 
 fhall and may be lawful foe the Governor or Commander in Chief, for the Time 
 being, to nominate and appoint a Receiver or Receivers in the Stead of fuch Re- 
 ceiver or Receivers fo dying, removing, or refufing to aft •, who fhall give Se- 
 curity, in the Hke Sum, and in the fame Manner, for the faithful Difcharge of 
 his or their Office, as the Receivers in this Aft nominated and appointed, are 
 before required to give. 
 
 Receivers to ac- XVI. AND be it further EnaEled, That the faid Receivers of the Duty afore-' 
 
 count with the f^itl^ (i^all account, on Oath, with the General AfTembly, at each SelTion, and 
 
 Affembiy. ^^^ .^^^^ ^,^^ ^^^^ Affembly, all fuch Money as fliall or may be by them, or any 
 
 of them, received, after dedufting their CommifTions for receiving the fame. 
 
 Receiver, Power XVII. AND be it further Ena^led.^ That the Receiver and Receivers ap- 
 to enter &feaich pointed, or that fhall be appointed, in Virtue of this Aft, to receive the faid 
 vefl-ds. Y)ux.y in this Aft mentioned, is and are hereby authorized and impowered, to 
 
 enter on Board any Ship, VefTel, or Boat, and fearch the fame, and from thence 
 to take away any Wine, Rum, or any difl:illed Liquors, or Rice, for which the 
 Duty aforefaid is not paid, or lecured to be paid, within Ten Days after the En- 
 try of fuch Ship or Veffel, and to detain the laid Wine, Rum, and difl:illed Li- 
 quors, and Rice, 'til the laid Duty fhall be paid, or fecured to be paid ; and 
 alfo, at all Times, to go on Board any Ship, Vellel, or Boat, on Informationi 
 rnade^ or if fufpeftcd, and fearch the. lame i and if any Wine, Rum, or any 
 , ^ diftilled 
 
LAWS of North-Carolina. 245 
 
 diftilled Liquors, or Rice, fhall, after the Entry of fuch Ship or VefTeJ, be found ^' ^- 174-5. 
 on Board, which hath not been duly entered, as in this Ad: is before direfted, it **■*■ "^ 
 fliall and may be lawful for the faid Receiver to feize all fuch Wine, Rum, oi 
 any diftilled Liquors, or Rice, and bring the fame on Shore, and fliall p-ofecute 
 the faid Seizure or Seizures as in this Act direfted. 
 
 XVIII. AND be it further Enacted, That if any Receiver, appointed by Vir- Pen^Uy m Ke,. 
 tu(f of this A6t to receive the Duty aforelaid, or any other Perfon or Perfons for Pe,7JnJ^ofcine'- 
 him, fhali take or receive, direftly or indiredlly, any Bribe, Recompence, or Bribery. 
 Reward whatfoevcr, or (hall connive at a falfc Entry of any Wine^ Rum, or any 
 
 diftilled Liquors, or Rice, that fhall be imported into this Province, either by- 
 Land or Water, whereby the Public may be defrauded, fuch Receiver fo offend- 
 ing, ftiall forfeit and pay the Sum of Fifty Pounds, Proclamation Money •, to be 
 recovered and applied as other Forfeitures in this Aft, and Ihall be lor ever after 
 difabled ot holding any Office or Employment relating to the Cuftorn of this 
 Province ; and the i'erlon or Perfons giving or paying any fuch Bribe, Recom- 
 pence, or Reward, fliall forfeit and pay the Sum ot Fifty Pounds, Proclamation 
 iVIoney ; to be recovered and applied in the fame Manner as other Forfeitures in 
 this Ad. 
 
 XIX. AN D be it further Enacted, by the Authority aforefaid^ That z\\ Fines fines howreca. 
 and Forfeitures in this Aft mentioned, fhall and may be fued for, and recovered, ^^'^''^* 
 
 by Aftion of Debt, Bill, Plaint, or Information, in any Court of Record in this 
 Government -, wherein no Elloign, Proteftion, Injunftion, or Wager of Law, 
 fhall be allowed or admitted. 
 
 CHAP. n. 
 
 An A^i to repeal a Claiife m an AB^ intituled^ Ah AdV, for efedting the 
 upper Part of Crave?: County into a County and Parifh, and for ap- 
 pointing a Place for building a Court-houfe, Prifon, and Stocks, in 
 the faid County ; and the Claufe in an AB, intituled. An Ad:, for 
 dividing Edgcomb County and Parifh, and for erefting the upper Part 
 thereof into a County and Parifli, by the Name of Granville County, 
 and St. Joh7i's Parifh, and for appointing Veflrymen of the fatd Pa- 
 rifh -y lihich dire 51, That all Public, County, and Parip Levies, due 
 from any of the Inhabitants of the faid County of Granville, fiall be 
 colleSled by the Sheriff of Edgcomb County ; and that all Public, County^ 
 and PariJJj Levies, due from any of the Inhabitants of Johnflon, fhall 
 be colle5ied by the Sheriff of Craven County, fo far as may relate to the 
 Taxes or Levies laid and made payable for the Tear One Thoufand Seven 
 Hundred and Forty Six. O B S. 
 
 SIGNED by 
 
 Gabriel Johnston, Efq; Governor. 
 
 Nathaniel Rice, Prefident. 
 
 Samuel Swann, Speaker. 
 
 Q^q q Anno 
 
L ji W S o/' North-Carolina. 
 
 247 
 
 W, v> i/w v^ -J -y 'JTfc^ <^ 'i^ -^ ~»\^ '''i' "If-^ -^w- -1^ -^ .-^ .-^y -Ay -^ -yw- -^v. ~{^. -iv. -yv, -wv^ h -vir. 
 
 A. D. 1748. 
 
 k — ^ ' 
 
 J 
 
 Anno Regni 
 
 G E O R G I I 11 
 
 Regis, Magudc Britannlije, Fraticide, &; 
 Hibernia, Viceffimo Secundi. 
 
 i 
 
 At £i General ASSEMBLY, held at Kewherfj, 
 Sixth Day of ^pril, in the Year of our Lord 
 Thoufjind Seven Hundred and Forty Eight. 
 
 the GASaiEt 
 
 Johnston, 
 
 One ^'^'^' ^°*'''"*'^' 
 
 CHAP. I, 
 
 An A6t^ to appoint Public Treafurers: 
 M E R E A S, by the Laws of this Province, the Shcrifs and other « ^, 
 
 VV Perfons concerned in the receiving and colledbing of the Public Mo 
 ney, are difeded arid required to account with and pay the fame to the General 
 Affembly ; and whereas, by Reafon of the Shortnefs of the SelTions, there is 
 not always Time perftdly to examine the Accounts of thofe who appear, or to 
 fend tor them who negled to appear, and account : Wherefore, 
 
 ir. W E pray that it may be Enaded, Jnd l>e it Enabled, by his Excellency PuWic Tr«fa. 
 Gabriel Johnfton, Efq-^ Governor^ by and with the Advice and Confent of his Ma- '*" '??»'""=*• 
 jejifs Council, and General Affemhly of this Province, and by the Authority of the 
 fame. That Mr. Thotnas Barker, be, and is hereby appointed Public Trcafurer 
 for the Counties of Currituck, Pafquotank, Pequimons, Chowan, Tyrell, Bertie^ 
 Edgcomb, Ncrthamptcn, and Granville ; And that Edward Mofeley, Efq; be* 
 and is hereby appointed Public Treafurer for the Counties of Craven, Carteret, 
 Onflow, 'New-Hanover, Bladen, Johnfton, Beaufort, and Hyde : Which faid Trea- 
 furers fliall, before they enter upon their faid Offices, refpedivcly, give Bond, to 
 our Sovereign Lord the King, his Heirs and SuccefTors, in the Sum of Two 
 Thouland Pounds, Sterling Money, for the faithful Difcharge of their faid Offices- 
 n'hich Bond fhall be lodged in the Secretary's Office. 
 
 III. ANB 
 
24^ 
 
 LA W S of North-Carolina. 
 
 ji. D. 1748- 
 
 -•v— 
 
 III. JND he it further Ena£Ied^ by the Authority aforefaid^ That the She- 
 
 ti>rNora.'ern°^ Hfs, and all . other Perfons, concerned in the coUefting or receiving any Public 
 
 Counties' to' ac- Mottey, within the rcfpeftive Counties ot" Cwm/Mf-I-, Pafquotank, Pequimo?is, Cho- 
 
 T^afcer byS wafj, Tyreil, Bertie, Edgcomb, Northampton, and GrnnvtUe, Ihall, on or before 
 
 ,ft\,f Jan. en jj^g |^fft Day of Januar), next enfuing, upon Oath, account for, and pay to the 
 
 Pen. of 20 1. ^_^.^ q^homas Barker, all the Money fo by them rcfpeitively received, or which, 
 
 bv Law they ou^rht to have received, and were accountable for, before the firft 
 
 Day of September, in the Year of our Lord One Thoufand Seven Hundred and 
 
 Forty Five, under the Penalty of Twenty Pounds, Proclamation Money ; and 
 
 that all Perfons, within the faid refpedtive Counties, having any Public Money 
 
 in their Hands, ihall, upon Oath, account for, and pay the fame, to the faid 
 
 'J'homas Barker, on or before the fakl iirft Day of January^ next enfuing, under 
 
 the like Penalty of Twenty Pounds, Proclamation Money. 
 
 IV. A N B be it further Enabled, by the Atahorty aforefaid. That the Sherifs, 
 
 wl[h hm/brihe and all' other Perfons, tdncerned in the collefting or receiving any Public Mo- 
 
 tSike Pcnait"" ney within the faid refpeftive Counties, Ihall, on or before the Tenth Day of 
 
 cna ty. _^ ^^^^ ^^^^ ^^ ^^^ ]^qxi\ One Thoufand Seven Hundred and Forty Nine, 
 
 upon Oath, account for^ and pay to the faid Thomas Barker, all the Monies fo 
 by them received, or which, by Law, they ought to have received, and are ac- 
 countable, fince the aforefaid firlt Day of September, in the Year of our Lord 
 One Thoufand Seven Hundred and Forty Five •, under the Penalty of Twenty 
 Pounds Proclamation Money : And the faid Thomas Barker, fhall attend at 
 Treaf«rrr where Edetiton, ta fettle the feveral Accounts, and receive the Ballances thereon due, 
 to attend. Yovw Days after the feveral Times herein appointed for the Sherifs and other Per- 
 
 fons to account and pay the feveral Sums due to the Public, and by them 
 received. 
 
 Sherifs &c of V- AND be it Ena^ed, by the Authority aforefaid. That the Sherifs, and all 
 the" Southern ' other Perfons concerned, or who have been concerned, in the coUefting or re- 
 £""£tVthJrr ceivino- any Public Monies within the refpeftive Counties of Craven, Carteret, 
 Treafurer, by ' Qnflow, NeW'Hanover, Bladen, Johnjlon, Beaufort, and Hyde, fhall, on or be- 
 Urioi °" ^'"' fore the firit Day of January next, upon Oath, account for, and pay to the faid 
 Edward Mofeley, Efq; all the Money fo by them refpedively received, or which, 
 by Law, they ought to have received, and were accountable for, before the Iirft 
 Day of September, in the Year of our Lord One Thoufand Seven Hundred and 
 Forty Five •, under the Penalty of Twenty Pounds, Proclamation Money : And 
 that all Perfons within the faid refpedtive Counties, having any Public Money in 
 their Hands, and by them received, before the firft Day of September, One 
 Thoufand Seven Hundred and Forty Five, Ihall, upon Oath, account for, and 
 pay the fame to the faid Edward Mofeley, on or before the faid firit Day of Janu- 
 ary, next enfuing •, under the Penalty of Twenty Pounds, Proclamation Money. 
 
 ^j VI. A NT) he it further Enacted, by the Authority aforefaidi That the Sherifs, 
 Jf'j^f on'the and all other Perfons within the fiid refpective Counties laft mentioned, con- 
 likc Penalty. cemcd, or who have been concerned, in the collecting or receiving any Public 
 Money, fhall, on or befcTe the Tenth Day of July, One Thoufand Seven Hun- 
 dred and Forty Nine, upon Oath, account for, and pay to the faid Edward 
 Mofeley, Efq-, all the Monies fo by them refpectively received, or which, by 
 Law, ^they ought to have received, and were accoimtable, fince the aforefaid firft 
 Day of September, in the Year of our Lord One Thoufand Seven Flundred and 
 Forty Five -, under the Penalty of Twenty Pounds, Proclamation Money : And 
 Trcnfurer where tlic faid Edward Mofeky fhall attend at Ncwbern, to fettle the feveral Accounts,. 
 to auend. ^nd receive the Balhnces thereon due. Four Days after the feveral Times ap- 
 
 pointed for the Sherifs and other Perfons to account and pay the feveral Sums\ 
 due to the Public by them received, ^^^' ANUr 
 
LAWS of North-Carolina. 249 
 
 A. D. 1748. 
 
 VII. AND bs a further EnaEled, by the Authority aforefaid. That all and ' "^ ' 
 
 every the Sherifs, and other Pcrlbns, that iTiali be concerned in the coIIec1:ing f^^tihthe 
 and receiving the Pubhc Monies hereafter to be colleded and received, within Treafurtr in 2 
 the feveral Counties in this Province, ihall, within Two Months after the Time SfoVllla! 
 appointed by Law for their collecting or receiving thereof, upon Oath, account '"°' "^ ^'"' "^ 
 for, and pay the fame to the Public Treafurer for fuch County refpedively 5 un- ''^'" 
 
 der the Penalty of Twenty Pounds, Proclamation Money. 
 
 VIII. AND be it further Ena^ed, by the Authority aforefaid. That the Taid Treafurers in,- 
 Public Treafurers refpedively, are hereby authorifed, impowered, and required, p""'"'^'' to pro- 
 to fue and profecute all fuch Sherifs, or other Perfons, who have heretofore been' qC's. ^'''"' 
 or fhall hereafter be, concerned in the colleding or receiving the Public Money, 
 
 or who have, or fhall at any Time hereafter, have any of the laid Money in 
 their Hands, within the faid refpedive Counties, and fhall neglect or refufe to 
 account for and pay the fame, at the Times, and in the Manne?they are by this 
 A6t required and directed, ori the Penalty in this Ad mentioned -, and alfo, on 
 the feveral Bonds given by each and every of the faid Sherifs or other Perfons. 
 in any of the faid refpeftive Countiesj for the due and faithful Performance of 
 their feveral Offices or Duties ; and the Clerks of the feveral County Courts, and 
 every other Perfon or Perfons having fuch Bond or Bonds, Account or Accounts^ 
 or other Papers, in his or their Keeping or PofTeflion, is and are hereby diredled 
 and required to deliver the fame to the PubUc Treafurer of fuch County where 
 the faid Bond or Bonds was or were given, or Account or Accounts, or other 
 Papers, lodged, when he fhall demand the fame^ 
 
 TD l"^" ^^? ^' n •^''''r^^'' ^"""^'^^ ^y ^^'' Authority aforefaid, That the faid Treafurers to 
 
 Pubhc Treafurers fhall, from lime to Time, as often as required upon Oath ^""""^ ^^'''^ the 
 account for, and pay to the General AfTembly, all fuch Sums of Money as they ^w?s ^"' 
 refpeftively receive, by Virtue of this A6t ; for which Trouble, they fhall be ^'"'' 
 allowed Five per Cent, on all the Monies by them refpeftively received, and paid 
 into the AfTembly, as aforefaid. 
 
 .^•. 4/^^ ^' '^ f^^'^^f Enabled, That in Cafe of 'the Death, or Departure out Governor to ... 
 ot tfiis Province, or other legal Difability of the faid Treafurers, or either of P"int Treafurers, 
 them, hereby appointed, it fhall and may be lawful for the Governor or Com- (.iiJy? °*' °'^*° 
 mander in Chief, for the Time being, with the Advice of his Majefly's Council, 
 to appoint and conftitute any other Peffbn or Perfons in his or their Place or 
 Stead, to execute the faid Office until the next Seffion of AfTembly •, fuch Perfon 
 appointed giving fuch Bond and Security as herein before is direc1:ed. 
 
 XL AND be it EmSled, That the Penalties in this Ad mentioned, fliall be Penaiu« howi« 
 lueci tor and recovered in the General Court of this Province, by Adtion of Debt ^'' recovered, aad 
 Bill, Plaint or Information, wherein no EfToign, Proteftion, Injunftion, or ^^p"''^"^='- 
 AVager of Law, fhall be allowed or adi^itted of i Two Thirds whereof fhall be 
 applied to the Ufe of the Public, and the other Third to fuch Treafurer who fhall 
 profecute for the fame. 
 
 XII. AND be It further EnaSIed, That the Ad, intituled. An Act, for ap- 
 P^nttng a Treafurer for the feveral Counties therein mentioned, in the Room of 
 Wi ham Downing, Ef^; deceafed, and all other Ad and Ads, Claufe and Claufes 
 of Acts, fo far as relates to the Sherifs of the feveral Counties of this Province 
 or any other Perfon or Perfons accounting for and paying to the General Aflem- 
 bly, any of the Public Money by them refpedively received, and the Penalty 
 mentioned m them or any of them, is and are hereby fufpended, during the 
 Tmie this Ad fhall continue in Force. / r . o 
 
 R ' J- XJIL AND 
 
 A£l3 fufpendci. 
 
L A JV S of North-Caroli 
 
 N A. 
 
 A. D. 1748. 
 
 ' V 
 
 XIII. AN B be it further Ena^ed, by the Authority afcrefaid. That this A61. 
 fliall continue and be in Force, for the Term of Four Years, and from thence to 
 the End of the next Seflion of Aflcmby, and no longer. 
 
 Officers Fees fet- 
 tled. 
 
 OoY«rnor'5 Fees. 
 
 His Fees 
 Chancery. 
 
 Governor'* Si 
 wetary's Fees. 
 
 CHAP. II. 
 
 An AB, for Regulati?ig the feveral Officers Fees ivithin this Province, 
 a?id afcertaining the Method of paying the fame. 
 
 O R the better regulating the feveral Officers Fees within this Province, 
 and to afcertain the Method of paying the fame j 
 
 II. W E pray that it may be Enafted, And be it EnaHed, by his Excellency 
 Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent of his 
 Majefly's Council, and General Affemhly of this Province, and by the Authority of 
 the fame. That it fhall be lawful for the feveral Officers within this Province, to 
 take and receive, in Proclamation Money, or Bills of Credit, fuch Fees only as 
 is appointed by this Ad;, for fuch Service ; to wit. 
 
 T'he Governor'' s Fees. 
 
 Proclamation Money, /. 
 
 For figning a Grant or Patent for Land, for 1000 Acres, or under, o 
 
 For every Hundred above a Thoufand, to Five Thoufand, o 
 
 For figning Letters of Adminiftration, or Teftamentary, o 
 
 For proving a Will before the Governor, o 
 
 For figning a Regifter of an undecked Veflel, Shallop, or Pettiagua, o 
 
 For figning a Regifter for a decked Veffel, o 
 
 For figning every Teftimonial, under the Colony Seal, o 
 
 For figning every Commiffion for a Place of Profit, o 
 
 For Letters Patents of Denization, o 
 
 } 
 
 Governor'' s Fees in Chancery^ 
 
 Proclamation Money, 
 For figning a Decree in Chancery, 
 F'or every Order, made on Motion, or Petition, 
 For figning an Injunftion in Chancery, 
 For hearing and determining every Caufe, 
 For figning an Exemplification of a Decree, 
 For Difmillion of every Bill, where the Caufe doth not come to 
 Tryal and final 'Hearing, 
 
 The Governor'' s Secretary's Fees. 
 
 Proclamation Money, 
 For drawing the Certificate for the Probat of a Will, taken before } 
 the Governor, 3 
 
 For drawing every Teftimonial, to be figned by the Governor, to I 
 
 which the Colony Seal ftiall be affixed. 
 For every Warrant for Land, 
 For the great Seal, 
 For the fmall Seal, 
 
 s. .d. 
 6 8 
 
 5 
 5 
 7 
 
 13 
 5 
 
 10 
 
 10 
 
 s. 
 
 lO 
 
 I 
 
 7 
 o 
 
 d. 
 
 Q 
 
 4 
 6 
 
 . o 
 o 
 
 /. 
 
 s. 
 
 d. 
 
 
 
 I 
 
 4 
 
 
 
 2 
 
 8 
 
 
 
 2 
 
 r 
 
 
 
 2 
 
 8 
 
 
 
 J 
 
 4 
 
 rhtf 
 
LA W S of North- Ca r o l i n a. 
 
 251 
 
 \ 
 
 J'he Chief Juftice's Fees. 
 
 Proclanivition Money, 
 For every Writ, and Return, 
 Docketing the Aftion, 
 For every Difcontinuance, 
 Eor every Appearance, 
 For every IfTue joined, 
 For every Venire, 
 
 For every Adion entered in Paper, of Caufes for Tryal, 
 For every Subpoena, 
 For fwearing every Witnefs, 
 For hearing every Tryal, 
 For entering every Virdift, 
 For hearing and giving Judgment upon Special Pleadings, had 
 
 in any Caule, 
 For confeffing of Judgment, 
 For every Rule ot Court, 
 For every Poftea, Return, and figning Judgment, 
 For every Execution, 
 For entering Satisfacftion, 
 For taxing every Bill of Cofts, 
 For taking Special Bail, before the Judge, 
 For every original Attachment, 
 For every Sciri Facias., 
 For every Certiorari., 
 For every Habeas Corpus^ 
 For receiving an Appeal, 
 For every Writ of Error, and Allowance, 
 For taking Recognizance thereupon. 
 For every Order in the Judge's Chamber, 
 For receiving Injun6tion, 
 For proving or acknowledging every Deed, 
 For the Examination of Feme-Coverts, and Proof of the Deed or ) 
 
 Acknowledgment, ) 
 
 For every Affidavit, in Writing, before the Judge, 
 For adminiftering the Oath, and figning the Certificate of the) 
 
 Witneffes, attending in any Caufe, j 
 
 ^he Chief Jiiftice''s Fees of the Crotjon Side. 
 
 Proclamation Money, 
 For taking every Information, 
 Every Recognizance, taken before hifliy 
 Every Writ, 
 Every Order of Court, 
 For every Commitment, 
 For every Travers, 
 
 For every Perfon difcharged by Proclamation, 
 For every Caufe entered in the Docket, 
 Taxing Bill of Cofts, 
 For Examination of every Perfon committed for Contempt of) 
 
 Authority, j 
 
 For every Oath in the Caufe, 
 For hearing the Caufe, 
 For hearing and determining a Motion, in Arreft of Judgment, or 7 
 
 Special Virdid, 5 
 
 o 
 o 
 o 
 o 
 o 
 o 
 o 
 o 
 o 
 o 
 o 
 o 
 6 
 
 o 
 o 
 o 
 6 
 
 s. 
 
 3 
 o 
 
 o 
 o 
 I 
 
 2 
 
 o 
 I 
 o 
 
 2 
 
 o 
 
 A. D. 1748, 
 
 V — ^ / 
 
 , Chief Tuftite'? 
 a. Fees. 
 
 D 
 
 6 
 6 
 
 4 
 a 
 2 & 
 2 8 
 
 1 6 
 
 2 8 
 2 8 
 
 5 4 
 2 8 
 § 
 
 His Fees of the 
 S. d. C''°w S'''*» 
 
 2 8 
 I 
 
 3 
 o 
 I 
 o 
 I 
 o 
 
 2 
 
 o 4 
 2 8 
 
 5 4 
 
 Clerks 
 
252 
 
 LAWS o/' North-Carolina, 
 
 yi. D. J 748. 
 
 *• V 
 
 Clerks Fees. 
 
 Clerks Fees of the General and County Courts. 
 
 Proclamation Money, 
 
 For entering every A6lion, 
 
 For every Writ, 
 
 For a Copy of every Declaration, 
 
 For recording the Defendant's Appearance, or Default, 
 
 For Recording a Plea, 
 
 For every Depofition, taken in Writing, 
 
 For filing every Bill^ Bond or other Paper^ 
 
 For Continuance, or Referrence of every Aftion, 
 
 For Recording the Venire, Seven Pence Half Penny, 
 
 For Recording Jury's Oath, and Verdift, 
 
 For entering up the Judgment, 
 
 For entering every Order of Courts 
 
 For a Copy of every Order of Court, 
 
 For fearching a Record, 
 
 For a CommifiTion, or Dedimus Poteftatem, 
 
 For certifying the Probat of a Will, 
 
 For adminiftring every Oath, Two Pence Half Penny, 
 
 For every Execution, 
 
 For every Summons for one or more Perfons, if mentioned in the 1 
 Summons, J 
 
 For every Petition or Motion, if entered in Writing, 
 
 For a Certificate, 
 
 For an Attachment, 
 
 For Recording or Inroling every Bond, or other Writing, 
 
 For entering the Acknowledgment of Sales of Land, 
 
 For a Writ of Enquiry, 
 
 For a Scire Facias^ 
 
 For every Retraxit, 
 
 For every Difmiflion, 
 
 For recording a Mark or Brand, 
 
 For proving every Right, 
 
 For every Certificate, 
 
 For a Copy of a Record, per Copy Sheet, each Sheet containing > 
 Ninety Words, 3 
 
 For reading every Paper, 
 
 For making up every Record on Judgment, after Verdiff or Special ■\ 
 Pleading, and entering the fame in a Book for that Purpofe, per v 
 Copy Sheet, each containing Ninety Words, 3 
 
 For every Bill of Cofls, or Copy thereof. 
 
 For making out an Alphabetical Lift of all the Taxables in each 
 County, and delivering the fame to the Sheriff; delivering Or- 
 ders to Conftables, and ail other extraordinary Services for the 
 County, to be paid by the Court, out of the County Tax, Yearly 
 
 For every Certificate for each J'uror's Attendance, 
 
 /. 
 
 S. 
 
 d. 
 
 
 
 
 
 7 
 
 
 
 I 
 
 I 
 
 
 
 1 
 
 4 
 
 
 
 
 
 7 
 
 
 
 1 
 
 I 
 
 
 
 
 
 7 
 
 
 
 
 
 4 
 
 
 
 
 
 4 
 
 
 
 
 
 6 
 
 
 
 
 
 7 
 
 
 
 
 
 7 
 
 G 
 
 
 
 7 
 
 
 
 
 
 7 
 
 
 
 I 
 
 4 
 
 
 
 I 
 
 6 
 
 1 
 
 I 4 
 
 o 4 
 
 o 3 
 
 o 4 
 
 o 7 
 
 13 4 
 
 o 6 
 
 Secretary's Fecj. 
 
 'The Secretary's Fees. 
 
 Proclamation Money, /. s. 
 For every Patent in Paper, and recording, for One Thoufand A- | „ 
 
 cres, or under, 3 
 
 For a Petition for a Grant for a Patent for Land, and Order, in- ^ 
 clufive, 5 
 
 For every Hundred Acres above a Thoufand, to Five Ihoufand, o o 
 
 For a Patent in Parchment, if required, and recording, o 10 
 
 o 
 
 For 
 
o 
 
 5 
 
 4 
 
 o 
 
 I 
 
 4 
 
 o 
 
 o 
 
 7 
 
 o 
 
 I 
 
 4 
 
 o 
 
 10 
 
 o 
 
 o 
 
 I 
 
 4 
 
 LAWS o/' North-Carolina. 25^ 
 
 Proclamation Money, /. s. d. "^^ ^- '748- 
 
 For a Warrant for Surveying Land, proving Rights, Petition \ ^ v"~"*^ 
 
 and Order thereon, reading inclufivc, j ^ 5 4 
 
 For fihng every Paper, q 07 
 
 For Letters of Adminiftration, or Letters Teftamentory^ Guardian- 7 
 
 fhip or Tuition, if made out by the Secretary, ' ^028 
 
 For every Adminiftration Bond, if taken by the Secretary, and recording, o ^ o 
 
 For every CommifTion of the Peace, and MiUtaiy Commiflion, to be } 
 
 paid by the Public, - J o 5 o 
 
 For every Commiffion for a Place of Profit, 
 
 For a Dedimus Potefiatem^ 
 
 For fearching a Record, 
 
 For the Copy of a Patent, 
 
 For Letters of Denization, 
 
 For entering a Caveat, 
 
 For Recording any Paper not before mentioned, or Copy of a Re- 
 cord, pr Copy Sheet, each Sheet containing Ninety Words, J " ^ ^ 
 
 For every Teftimonial pafilng the Secretary's Office, under the J 
 
 Colony Seal, J 2 8 
 
 For every Commiflion of Oyer and Terminer^ or Nift Prius, to be > 
 
 paid by the Public, } ° 5 » 
 
 The Clerk of the Crown and Clerk of the Peace's Fees. cierk of the 
 
 Proclamation Money, /. s. d. STp ''ce'r'' 
 
 For filing every Indidment, or any other Paper, 004 Fe«/ '"' ' 
 
 For a Copy of an Indidment, Information, or Prefentment, o i 4 
 
 For Recording the Coroner's Inqueft, o i 4 
 
 For arraigning a Criminal, 007 
 
 For entering every Appearance, or Default, 007 
 
 For every Capias, o i i 
 For every Recognizance, acknowledged in Court, or out of Court, j 
 
 if drawn by the Clerk, } o i i 
 
 For entering every Recognizance on the Docket, 008 
 
 For entering every Order of Court, 007 
 
 For every Venire, or Subpoena, 007 
 
 For adminiftring every Oath, 004 
 
 For entering the Jury's Oath, and Vcrdid, 007 
 
 For entering up Judgment, 007 
 
 For entering a Plea, O o 5 
 
 For a Search of Record, 007 
 
 For a Copy of an Order of Court* 007 
 
 For calling the Defendant, 004 
 
 For every Refpit, 004 
 
 For a Liberate, o i i 
 
 For taking every Depofition, in Writing, 007 
 
 For every Perfon difcharged, 007 
 For Recording any Paper not before mentioned, or Copy of Re- > 
 
 cord, per Copy Sheet, each Sheet containing Ninety Words, J ° ^ ^ 
 
 For drawing every Writ of Eledion, to be paid by the Public, 028 
 
 For every Scire Facias, o 14 
 
 For Writing a Warrant, o 14 
 For making up every Record, and entering the fame in a Book for j 
 
 that Purpofe, per Copy Sheet, each Sheet containing Ninety J 004 
 
 Words, 3 
 
 S f f Clerk 
 
254 LA W S of North-Carolina. 
 
 j4. D. 1748. 
 
 * ^^■" Clerk of ihe Chancery's. Fees. 
 
 ChanceryClerk'* •' n 1 • iv >r ■ r ^- ■ 
 
 Tecj. rroclamanon Money, i3t)C.' ; >Si\ d. 
 
 Eor filing every Bill, or other Paper, - ' o 07 
 
 For every Subpoena, for one or more Perfons, if mentioned in thfe T 
 
 faid Subpoena, ' 5 o ^ 4 
 
 For an Injundion in Chancery, 050 
 
 For a Superfedeas, and Return, 014 
 
 For entering up a Decree, 028 
 
 For Calling or Difmiffion, o o 7 
 
 For taking every Depofition, in Writing, o Q- 7 
 
 For Interrogatories, it drawn by the Clerk, o i s'-^ 
 
 IP or z Dedimus Pot ejl at em^ to examine Witnefies, o fi8 
 
 For every Petition, or Motion, if entered in Writing, o o •■^7 
 
 For recording of any Paper not before mentioned, or Copy of Re-) ;o\- 
 
 cord, per Copy Sheet,, each Sheet containing Ninety Words, J ° ° •' ^ 
 For fetting down the C^ufe for hearing, -014 
 
 For every Search, jj.j ^o o- 7 
 
 Public Regifter'. PuMic Regifier' s Fees. 
 
 T«M. Proclamation Money, /. s. d. 
 
 For Regiftring every Birth, Burial, or Marriage, o 07 
 
 For Regiftring a Conveyance, or any other Writing, or giving j 
 a Copy thereof, 5 
 
 For every Certificate of Birth, Burial, ■ or Marriage, o 07 
 
 sherifsFees, Sheriffs Fees^ 
 
 Proclamation Money, 
 For an Arreft, 
 For a Bail Bond, 
 
 For ferving a Copy of a Declaration, if done by the Sheriff, 
 For whipping any Perfon, 
 
 For ferving a Subpoena, for each* Perfoii named in fuch Subpoena, 
 For Pilloring any Perfon, 
 For an Attachment, as for an Arreft, and if further Trouble by moving Goods, 
 
 to be taxed by the Court. 
 For executing a Warrant of Diftrefs, or an Execution againft the n 
 
 Body or Goods, if not above Ten Pounds, Proclamation Money, > o 10 
 for each Pound, J 
 
 If above Ten Pounds, Proclamation Money, for each Pound above. 
 For Imprifonment for Felons or Debtors, or any other Perfon, for, 
 each Prifoner per Day, for finding One Pound of wholfome Brc 
 One Pound of wholfome roafted or boiled Flefti, and not 
 than Two Quarts of frefn Water, and every other neceflary Atten- 
 dance, and keeping the Prifon clean. 
 If the Prifoner finds himfelf Vicfluals and Drink, then the Sheriff 3 
 fhall take but i 
 
 For fummoning, impanneling, and attending on every Jury in \ 
 every Caufe, when a Special Venire ftiall iffue by Order of Court, J 
 For putting any Perfon in the Stocks, and releafing, 007 
 
 For a Commitment, if by Order of Court, or Mittimus, 028 
 
 For a Releafement, 028 
 
 For ferving a Writ of Poffeflion of Land, 076 
 
 For waiting on any Perfon on a Habeas Corpus, per Day, o 2 8 
 
 For calhng every Aftion each Court, o © 4 
 
 For fummoning the Jury on a Common Venire, in qvery Caufe, 008 
 
 For 
 
 L 
 
 s. 
 
 d. 
 
 
 
 5 
 
 4 
 
 
 
 I 
 
 Q 
 
 
 
 I 
 
 4 
 
 
 
 2 
 
 8 
 
 
 
 
 2 
 
 8 
 
 
 , for^ 
 read, / 
 t lefs J. 
 tten- \ 
 
 5 4 
 
LAWS o/' N O R T H - C A R O i. I N A. 
 
 ■^55 
 
 V yf • D. 1743. 
 
 Amerciaments to 
 
 Fcr Amercements to the Jufiices of the County Courts 
 
 :-''''"'•"'- Proclamation Money, ./. .. J. fhrjuS 
 
 10 the Jufticc-s, on every Adion, Prefentment, or Indiclmeht, 7 
 
 brought as an Amercement, ' *■/' ''"'■ \ \ 014 
 
 For taking Examinations, drawing and returning' "a'Rkognizahce,^'io '' 2', 'g 
 
 Efcheator' s Fees. . , . '' ' ' 
 
 Proclamation M6npy,'!j ^'■.' '^i; '^d. 
 For every Inquifition, and. Return, '!\.^^.^l^v.::>v^ • 
 
 "'"■'mtcrnerCeneral'sFees. ^^^ ''"'f'''^- 
 
 Efcheator's Feetj 
 
 Attorney-Gene- 
 
 : . "^'■'- •' ■ ProclamationMoieyi^"^/x''-'1^. "^■'^-• 
 
 For every Indidlment found, or Prefentment n^ade, '' ""' " .\^\''.:''"6 ^ 
 
 If Bill found ^«om?«//j, then the Profecutor fhaH'p^y ''^'"^i^Pp;.' 12°^ 
 
 For the fame in the County Court, _ ;\\ ' ;■ "'^''"'o ■ia''"' 'a 
 
 YiiQxxndi Ignoramus.; then 'the Profecutor to pay'"* ^^^^ . ;' b''?''6'^'8 
 
 - Jtage of theAdmiraltfs Fee's.' '^ ''^'^'^'''''^ ^ , , , , ^, 
 
 r» 'f-i- •■ ■■■'~ ■' Judge of theAd- 
 
 rroclamation Money, /. jV d. "»iraity-s Fees. 
 In Cafes of Seamens Wages or other Suit, exceeding Twenty Pounds ) 
 
 Value recovered, for the firft Day, j i o 8 . ...j- 
 
 For every Day more than one, o 12 ,t 
 
 For a Warrant of Arreft, or any other Warrant, .-"a^ .-. \^''^ 
 
 For admitting the Libel, -.(^ i a 
 
 For every Citation, ' ^ ""'Vo- i 4. 
 
 For every definitive Sentence, '" ''''■^- - 
 
 Regijler'^s Fees in like Cafes. Regifier's Fe«s, 
 
 Proclamation Money, / s. d. 
 
 For filing every Paper, J o -^ 
 
 For regiftring a Libel, Q .4v 4 
 
 For regiftring an Anfwer, or Replication, ^ci'"'V'j> 
 
 For taking every Affidavit, in Writing, >5'-, T'li"' © 
 
 For regiftring a Decree, •' o ' '3' -0 
 
 For Difmiflion of every Suit, i. ' , q'''^ 
 
 For continuing every Suit, ^ b'"^ o""' 7 
 
 For a Citation, o 
 For a Subpoena for each Evidence, 
 
 For regiftring every Paper not before mentioned, or, copying, per 1 
 
 Copy Sheet, each Sheet containing Ninety Words, ) ° 
 
 ^he Advocate's Fees. Advocate's F«e». 
 
 Proclamation Money, /. jr. d. 
 The King's Advocate, in every Caufc when he appears for the King, . 2 n^. 4 
 In every other Cafe, the fame as another Advocate, i 10 
 
 I 
 
 o o 
 
 o 
 
 The MarfJoars Fees in the Court of Admiralty. Marihal's Fies, 
 
 Proclamation Money, /, s. d. 
 For ferving every Warrant, and Return, '054 
 
 For ferving a Decree, and Return, above Five Pounds, 080 
 
 For every Pound above Five Pounds, o o 4 
 
 For ferving a Citation, Monition, or Notice, 028 
 
 rhe 
 
2s6 
 
 LA W S of North-Carolina, 
 
 A V 
 
 "Naval 
 
 174?. 
 Officer's 
 
 Colleftor'k Feci. 
 
 Surveyof-Gcne • 
 ral's Feet. 
 
 Auditor's Feel, 
 
 The Naval Officers Fees. 
 
 Proclamation Money, 
 For entering and clearing Vefiels not decked. Boats or Canoes of i 
 
 the Country, if bound to Foreign Parts, 5 
 
 For entering and clearing decked Velfels, belonging to the Country, 
 Fof entering and clearing foreign \^cflc.'ls, if under One Hundred > 
 
 Tons, i 
 
 If above One Hundred Tons, to include all Fees, except fuch as ) 
 
 are in this Aft particularly mentioned, 3 
 
 Fot taking Bonds of Mafters of Veflels, to be underflood of either j 
 
 Bonds which Mafters of VefTels are obliged to give, j 
 
 For a Bond in order to obtain a Pafs, for People going out of the ) 
 
 Country, and the Pafs, J 
 
 For a Certificate for enumerated Goods, 
 For a Certificate for Bounty in Englandy 
 For figning a Permit for any foreign Veflel, going from one Diftrift i 
 
 to the other, within this Province, 5 
 
 For figning a Permit for Country Veflels, going as aforefoid, hav- j 
 
 ing foreign or enumerated Goods on board, j 
 
 Collector's Fees. 
 
 Proclamation Money, 
 For entering and clearing foreign Veffels, if under One Hundred \ 
 
 Tons, J 
 
 If above One Hundred Tons, including all Bufinefs incident, ex- 7 
 
 cept fuch as are in this Act particularly mentioned, ) 
 
 For entering and clearing open Veflels of the Country, if bound to^ 
 
 foreign Parts, including as aforefaid. 
 For entering and clearing decked Veflels of the Country, including 
 
 as aforefaid, 
 For a Certificate on the Change of a Mafter, 
 For writing and figning a Regifter, 
 For recording a Regifter, if required. 
 For a Certificate for enumerated Goods, 
 For a Certificate for Bounty in England^ 
 For figning a Permit for any foreign Veflel, going from one Dif-") 
 
 tri6t to another within this Province, J 
 
 For a Permit for Country Veflels, going as aforefaid, having foreign*) 
 
 or enumerated Goods on board, J 
 
 For a Permit to load, and unload, 
 
 Surveyor-General' s Fees. 
 
 Proclamation Money, 
 For entering a Warrant, and certifying. 
 For furveying a Thoufand Acres, and under. 
 For every Hundred above a Thoufand, 
 
 Auditor^s Fees, 
 
 Proclamation Money, 
 For auditing every Patent, 
 For entering and certifying every Warrant for Land, 
 
 /. 
 
 s. 
 
 d 
 
 
 
 3 
 
 3 
 
 
 
 6 
 
 8 
 
 I 
 
 4 
 
 o 
 
 I 
 
 lO 
 
 o 
 
 /. s. d. 
 I 40 
 
 I 10 o 
 
 3 3 
 
 I 4 
 
 I 4 
 
 /. s. d. 
 028 
 I 6 8 
 oil 
 
 s. d. 
 
 5 4 
 2 8 
 
 Rcteiver-Gene- 
 iaVt F»c«. 
 
 For a Warrant of Diftrefs, 
 
 Receiver 'Generars Fees. 
 
 Proclamation Money, 
 
 /. s. d. 
 
 028 
 
 Coroner*s 
 
LAWS o/' North-Carolina. 257 
 
 o 16 
 
 A. D. 174S. 
 
 Coroner's Fees. ^ ^'' ^ 
 
 ¥-. I • 1 /r T 1 Coroner s Fies. 
 
 Proclamation Money, /. s. a. 
 
 For every Inquifition, and Return, to be paid out of the Deceafcd's ) 
 Eftate, if no Eftate, then by the Country, 3 
 
 For each and every Juror, on an Inquifition, to be paid by the Co- 
 roner out of the Deceafed's Eftate, if no Eftate, to be paid by 
 the Country, 
 
 For the Conftable, for fummoning each Juror on an Inqueft, 007 
 
 For other Services, the fame as the Sheriff. 
 
 Clerk of the Council's Fees. cicrk of the 
 Proclamation Money, /. s. d. Councu-s Fees. 
 
 For reading every Paper in Council* 007 
 
 For entering every Order of Council, 007 
 
 For every Search, or Copy of an Order of Council, 007 
 
 For every Citation, or SummonSj 007 
 
 For Adminiftring every Oath, 004 
 
 For drawing every Pttition, if drawn by the Clerk, o o lo 
 
 Eor taking every Depofition, in Writing, 007 
 
 For filing every Paper, o o y 
 
 For recording every Paper not before mentioned, or Copy thereof, J 
 
 ^er Copy Sheet, each Sheet containing Ninety Words, 5 ^ 
 
 III. AN D be it further EnaEled^ by the Authority aforefaid^ That the Clerk clerks of the 
 of the General Court, and every County Court, and every other Court of this fuTTBiiiTf'^ 
 Province, fliall make out a Bill of Cofts, and deliver the fame to the Party Cofts, andifthe 
 from whom the Fees are due, or to his Attorney •, and on fuch Perfons not pay- whom the'^Tme 
 ing the fame, it fhall and may be lawful for the Clerk of every Court, to make '' ■*".= '^*'^"'"" ^° 
 out Execution, directed to the Sheriff of the County where the Party refides, on^ m«y ifrue"'to 
 and the faid Sheriff fhall levy the fame, in Virtue of the faid Execution, as in ^^'^ sheriff to 
 other Cafes ; and that to the faid Execution, Ihall be annexed a Copy of the wuh theBiirof 
 Bill of Cofts of the Fees, on which fuch Execution fhall iffue ; and that all Ex- j^^f^'fj- "J"^"^^ * 
 ccutions iffuing without the Copy of fuch Bill of Cofts annexed, fhall be deemed Execution other- 
 illegal, and no Sheriff" fhall ferve or execute the fame, under the Penalty of Five *f * '° ^"'^"^ 
 Pounds. 
 
 IV. PROVIDED always, and it is the true Intent and Meaning of this A51, Execution may fce 
 That any Execution, againft the Body or Goods of any Perfon, fhall and may be inf''efto« -^^^^ 
 difcharged by Tender and Payment of Infpedors Notes for Commodities, as 
 
 rated in an Ad, intituled. An A£f, for granting an Aid to his Majefiy, to defray 
 the Expences of tranfporting the feveral "Troops inlijled in his Majejly's Service in 
 this Colony, and to afcertain the Method of paying all Taxes and Levies in Commo- 
 dities \ and for other Purpofes therein mentioned. 
 
 V. AND he it further Enabled, That when any Perfon fhall pay to any Of- officers to give a 
 ficer within this Province, any Fees due to fuch Officer, the aforefaid Officer JSptlrThtir 
 fliall, on the Receipt of fuch Fees, if demanded, give a Ticket of fuch Fees, f«'- 
 
 with a Receipt for the fame i under the Penalty of Five Pounds. 
 
 VI. AND that the People may better know what Fees are due to the feveral omccrj to kee 
 Officers aforefaid. Be it further Ena£led, by the Authority aforefaid. That each ^ Table of thdr 
 refpedive Officer within this Province, ftiall, within Three Months, next after fhc" ferLfoffi? 
 the Ratification of this Ad, fet up, in fome Public Place in his Office, a Table "'- °" »'^"- °f 
 of the Fees that may be taken by fuch Officer, according to the Diredions of this Ly-, NeguT' 
 
 T t t • Ad; 
 
258 L A W S of North-Carolina. 
 
 A. D. 
 
 I748- A(5t ; and fhall continually keep the fanie up, under the Penalty of Five Shil- 
 lings, for every Day luch Table fhall not be fo fixed up. 
 
 Pcnait en offi- ^^^' ^ ^ D be it further EnaSfed, That if any Officer fliall demand, extort, 
 ccrs taking larger cxad, or reccivc, under Colour of his Office, any other or larger Fees than what 
 fngVheu Duty? ^^ particularly mentioiied in this A6t, or fhall refufe to do the particular Service 
 
 in his Office for the Fees in this Aft expreffed, fuch Officer Ihall, for every fuch 
 
 Offence or Default, forfeit the Sum of Five Pounds. 
 
 Penalty onCierks VIII. A N D be it further Ena5led^ by the Authorty aforefaid. That no Clerk 
 pj^l,"^ ^"""^^ of the General Court, or any County Court, fliall introduce any new Fees ; nei- 
 ther fliall he charge, in any Bill of Cofts, any Fees for any pretended Service 
 where the fame is not really and aftually done, or where, according to the Courfc 
 of Pradice, the fame was not neceffary to be done •, under the Penalty of Twenty 
 Shillings, for every Offence. 
 
 Fines hovi^ to b: IX. A N D be it further Ena£fedj That the feveral Penalties in this Ad: 
 20X7"'' ^"^ mentioned, fliall and may be recovered, by any Perfon or Perfons that will fue 
 for the fame, before any Magifbrate or Magiftrates, or in any Court of Record in 
 this Province, Refpeft being had to their fevtral Jurifdiftions, as is prefcribed by 
 Law tor the Recovery ot other Debts -, wherein no Eflfoign, Protection, Injunc- 
 tion, Privilege, or Wager of Law, ftiall be allowed or admitted of-. One Half to 
 the Profecutor, the other Half to the Churchwardens, for the Ufe of the Parifli 
 where the Offence is committed. 
 
 Profecutions to 'j^. PROVIDED always^ That all Profecutions for any Penalty or Pcnal- 
 witWnTvMH. ties, by Virtue of this Adl, fliall be commenced within Two Years after the Of- 
 fence is committed, and not after. 
 
 No other Fees to XI. A N D be it further Enact edi by the Authority aforefaid. That no new or 
 be demanded or Qj-j^gj. pggg fhall hereafter be created or made, by any Perlbn or Perfons whatfo" 
 
 taken, thanthofe ^ 111 -iiri r t nni/l. 
 
 fettled byGenexai cvcr, or bc demanded, taken, or received, otherwife than fuch as fhall be cfta' 
 AflTembiy. blifhcd by the Authority of the Governor, Council, and General Aflfembly -, any 
 
 Law, Cuftom, or Ufage, to the contrary, notwithflanding. 
 
 UepeaiingCiaufe ^^^' ^ ^ D be it further Ena5fed^ That all other Aft and Afts, Claufes, 
 Matters, and Things, heretofore made, relating to Officers Fees, fo far as is 
 within the Purview of this Aft, are hereby repealed and declared to be null and 
 void, to all Intents and Purpofcs. 
 
 CHAP. III. 
 
 jin AB, for laying a Tax on the Inhabitants of Granville County^ and for 
 appointing Commifjioners to complcat and finifi the Public Buildings al- 
 ready begun in the f aid County, 
 
 Preamble, ^- WJ H E R E A S, by an Aft of the General AfTembly of this Province, 
 
 YY paffed at Newbern^ on the Twenty Eighth Day of June^ in the 
 Twentieth Year of the Reign of our Sovereign Lord George the Second, by the 
 Grace of God, of Great-Britain, France, and Ireland, King, Defender of the 
 Faith, i^c. and in the Year. of our Lord One Thoufand Seven Hundred and 
 Forty Six, intituled. An A£f, for dividing Edgcomb County, and for erecting the 
 upper Part therecf into a County and Pariflo, by the Name of Granville County y 
 and St. John's P.-^r//^, and for api^olnting Vejlrymen, of the faid Parijh-, a Tax 
 
 was 
 
L A PV S of North-Carolina. 259 
 
 was laid, tor Two Years, ot Two Shillings, Proclamation Money, for. building ^- ^ ' '^ 
 
 a Court-houle, Prifon, and Stocks, in the laid County, and running the dividing v^"— ' 
 Line between Craven and Edgconh Counties ; which laid Tax is found infuiRcienc 
 for running the laid Line, and compleating the faid Buildings of the laid County : 
 
 II. WE therefore pray it may be^Enacted, And he it Enacted^ by JAs Excellency T'x laia for fi- 
 Gabriel Johnfton, £/^-, Gcvernor, by and "jjith the Advice and Conftnt of his Ma- Tk'Bafid'ngsI'&c' 
 jejly's Council^ and General Ajfembly of this Province^ and it is hereby E^iacted, by 
 
 the Authority of the fame. That a further Tax of Two Shillings, Proclamation 
 Money, for Two Years, enfuing next after the Ratification of this A(ft, and no 
 longer, be laid, and the faid Tax of Two Shillings, Proclamation Money, is 
 hereby laid, on each and every Taxable in the faid County, lor and towards com- 
 pleating and finifhing the faid Buildings, and the Charge of running the faid. 
 Line-, and flaall be colleded and paid. Annually, by the Sheriff of the faid 
 County, at fuch Times, and Places, and in the fame Manner, as other Taxes 
 are coUedted and paid. 
 
 III. AND be it further Ena^ed., by the Authority aforefaid. That the She- sh.-riff to ac 
 riff of the faid County Ihall account for, on Oath, with the Commiffioners here- comm.Srf' 
 inafter appointed, for all fuch Sums of Money and Commodities, as he Ihall re- f"r =" Mo«i" ^y 
 ceive in Virtue of this Aft, under the Penalty of Five Pounds, Proclamatioa S'^obeluowed 
 Money ; to be recovered, by the Commiffioners in this Ad: hereinafter named, 6 fer Qm, 
 
 in any Court of Record within this Province, wherein no Eflbign,- Injundiorr, 
 Proteftion, or Wager of Law, fhall be allowed or admitted ol ; and the faid 
 Sheriff, for colledting and paying the faid Tax, fhall have and receive Six per 
 Cent, and may deduft the fame accordingly. 
 
 IV. AND be it further Enabled, by the Authority afore faid. That Mr. Wil- CoipTiiffionen. . 
 Ham Eaton^ and Mr. Edward JoneSy be, and are hereby appointed Commif- ^^'""'^'^* 
 fioncrs, to compleat and finifli the faid Buildings, and defraying the Charge of 
 
 running the faid Line : Which faid Commiffioners fliall. Yearly, account with the 
 Court of Granville County, for all fuch Sums of Money, as they fliall receive 
 from the feid Sheriff, in Virtue hereof, under the Penalty of Five Pounds, Pr|- 
 clamation Money ; to be recovered by any Perfon who fliall fue for the fame, 
 and applied as herein after direded. - 
 
 y. A N D be it Enacted, by the Authority aforefaid. That all Forfeitures Forfe'tuf" h^w 
 arifing in Virtue of this Adl, fliall be recovered as aforefaid, and applied for arid ^dtppTier"'' ' 
 towards the Ufe the Tax laid by this Act is intended. • >..o , '. 
 
 M .■•'- .br ; 
 
 CHAP. IV. 
 
 Jn A5ly to prevent the Exportation of raw Hides, Pieces of Hides, and 
 Calf Skins, out of this Government, 
 
 ^' "D ^ {^ Enaffed, by his Excellency Gabriel Johnfl:on, Efq; Governor, by and p^^^j^^ „„ p^^. 
 
 J3 "^^^h ^^^^ Advice and Confent of his Majefiy's Council, and General Affembly fons exporting 
 ef this Province, and it is hereby Ena^ed, by the Authority of the fame. That ""^ ""^"' ^'' 
 from and after the Fifteenth Day of Augujt, next enfuing the Ratification of this 
 A61:, no Mailer or Commander of any Ship or Veffei, bound out of this Go- 
 vernment, fliaH receive, or fliip on board his VeflTcl, any Ilide or Hides, Piece 
 or Pieces of Hides, of Neat Cattle, or Calf Skins, raw and untanned, or fliall 
 permit the fame to be done by others ; and every Mafter or Commander of any • 
 
 Ship 
 
"- - 
 
 26(3 LA W S of North-Carolina. 
 
 A. D. I74S. Ship or Vefifel ib offending, ftiall forfeit and pay, for every Hide, Piece or Pieces 
 V ^ ^ ^^ Hide, or Calf Skin, the Sum of Ten Shillings, Proclamation Money ; to be 
 
 recovered, before any one Juftice of the Peace, by him or them that fhall pro- 
 HiJes to be for- ft;cute and fue for the fame j and the Hides, Piece or Pieces of Hides, or Caff 
 feited to the Pa- Skins, fo fhippcd, contraty to the true Intent and Meaning of this Ad, fhall be 
 "*■ immediately fold, by Order of the Juftices before whom the Convidlion fhall be, 
 
 and the Money arifing from fuch Sale, fliall be delivered to the Churchwardens, 
 
 for the Ufe of the Parifh where the Offence fhall be committed •, the Right of 
 
 Appeal to the next County Court always refervcd. 
 
 11. A N D for the more eafy Convidiort of the Offenders againft this Ad, Be 
 be conviLdr " it Enacted, by the Authority afore/aid. That the feeing any fuch Hide or Hides, 
 Piece or Pieces of Hides, of Neat Cattle, or Calf Skins, raw and untanned, re- 
 ceived or fhipped on board any Ship or Veffel outward bound, and due Proof 
 made before any one Juftice of the Peace of the County, fhall be deemed and 
 taken fufficient Evidence in Law to convid the Mafter or Commander of fuch 
 Ship or Veffel of the Offence aforefaid. 
 
 Provifo. III. P ROVID ED alivaySy That if the Mafter or Commander of fuch Ship 
 
 or Veffel, fhall make Oath, that fuch Hide or Hides, Peice or Peices of Hides, 
 or Calf Skins, were not fhipped or received on board his Ship or Veffel, with his 
 Knowledge, Privity, or Procurement, in chat Cafe, he fhall not incur nor pay 
 the Forfeiture above-mentioned •, but the fame Ihall be paid by the Perfon who 
 fhall have put the fame on board, and the Hide or Hides, Peice or Peices of Hides, 
 or Calf Skins, fo put on board as aforefaid, fliall be forfeited, fold, and diipofed 
 of, in Manner as aforefaid. 
 
 Mafters cf v.f- IV. AND he it further Ena£led^ hy the Authority aforefaid. That every 
 feis to tak* an Maftcr or Commander of each and every Veffel, bound out of this Province, at 
 ^^'^' the Time of his clearing his Veffel out, fhall make Oath, to wit, 
 
 the Oath. T A. B. Majler of the Veffel H. do fwear, "That there is not, to my Knowledge 
 X "^ Belief, on board my faid Veffel^ any Hide or Hides, Peice or Peices of Hides, 
 of any Neat Cattle, or Calf Skin, or Calf Skins^ raw and untanned, and that 
 none fuch fhall be tranfported in my faid Veffel this Voyage, with my Privity. 
 
 So help me God. 
 
 eoiieftor,„ot to WWch Oath each and every CoUedor of the feveral and refpedive Ports within 
 
 clear cut any j-j^jj Provincc, or his Dcputy, is hereby authorized and required to adminifter : 
 
 «dmt'iftrinf the Atid cvety Collcdor, or Deputy CoUedor, who fhall clear out any Veffel or 
 
 Oath en Pen. Veffcls, without firft having adminiftered the Oath aforefaid, accordmg to the 
 
 ' ^° ■ true Intent and Meaning of this Ad, fhall forfeit and pay the Sum of Fifty 
 
 Pounds, Proclamation Money •, to be recovered by Adion of Debt, Bill, Plaint, 
 
 or Information, in any Court of Record within this Province •, One Half to the 
 
 Informer, the other for and towards the contingent Charges of Government ; 
 
 wherein no Effoign, Protedion, Injundion, or Wager of Law, fhall be allowed 
 
 or admitted of. 
 
 Continuance ef V . A N D bc it further Enacted, by the Authority aforefaid. That this Ad 
 tbs Aft. ^^u continue and be in Force, for the Term of Fifteen Years, and from thence 
 
 to the End of the next Seffion of Affembly, and no longer. 
 
 CHAP» 
 
Z/yf^-i'o/' North-Carolina. 261 
 
 A D. 1748. 
 
 C H A P. V„ t * — -^— ^ 
 
 ^n AB^ to appoint Commijicners to continue running the Boundary Line 
 betivecn EdgComb County ^ Tyrell, and Part of Beaufort Counties. 
 
 i. WJ H E R E A S the Commi/Tioners, appointed by an A«5t, intituled, pr«amWc» 
 
 V V "dn A^i for afcertaining the Boundary Line between Tyrell County^ and 
 Beautorc County y and bet'-jjeen Edgcomb CGuhly^ and Tyrell County^ and Beaufort 
 County, have run a dividing Line between Eagcomb County, and Tyrell County, 
 and Part of Beaufort County^ and Edgcomb County, from Roancke River, as far 
 as the iViouth of Cheek's Mil! Creek, on Tar River, in Beaufort County ; and 
 ■whereas the Tax laid and colktiled in the faid fevcral Counties, for defraying the 
 Charge of running the faid Boundary Lines, is iound infufficient for carrying oa 
 the fame : 
 
 II. W E therefore pray it may be Ehatfied, And be it EnaSled^ by his Excellency CowimJ/Rown 
 Gabriel Johnfton, Eff\ Governor^ by and with the Advice and Confent of bis Ma- *^^°"""'* 
 jefiy's Council^ and General y^fjembly cf this Province, and it is hereby Ena^ed, by 
 the Authority of the fame. That Mr. Jofeph Howell, and Mr. Jofepb Lane^ 
 be and are hereby appoin'-Led Comniinioneis, for linifhing the faid Line between 
 Part of Edgcomb^ Beaufort, and Johnfion Counties, already begun and carried on 
 to the Mouth of Cheek's Mill Creek, \n Beaufort County, on Tar Rirer, and 
 from thence fhall run, v/itK a ftrait Line to Contentnee, at the Mouth of Tofneat > - 
 Swamp, and thence up the main Stream of Contentnee, oppofite to the Mouth of 
 Cyprus Swamp, on T"^?- Kiver ; which faid Line, when run by the Commiffion- 
 ers aforefaid, fhall be by them entered on Record, in the Court of Edgcomb 
 County aforefaid, and fhall htrcatter be deemed and taken to be the true Bounds 
 of the faid County. 
 .f , ,., ' _ 
 
 HI. AND for defraying the Expcncc of continuing the running the faid "^f '" '' '"'^ *'' 
 boundary 'Lines, Be it Enabled, by the Authority aforefaid. That it Ihall and may pence! ' * 
 be lawful for the Juftices of the faid County Court of Edgcomb, and they are 
 hereby authorizcrd and impowcred, to lay a Tax on all the Taxable Perlons with- 
 in the faid County, not exceeding Three Pence, Proclamation Money, for de- 
 fraying the Expence of finifhing the faid Line, and recording the fame as afore- 
 faid ; which faid Tax fhall be paid and colleded in the fame Manner, and at the 
 lame Times, other Taxes are collt(5ted and paid in the faid County. 
 
 IV. AND be it further Enacted, by the Authority aforefaid. That all and ^*P*'^^"«c'*»^^' 
 every. Claufe and Claufes of the A<ii, intituled. An A6i, for afcertaining the 
 boundary LineJ>etween Tyrell County, and Beaufort County, and between Edgcomb 
 County, TyrdT County^ and Beaufort County, fo far as relates to running the boun- 
 dary L ine between Edgcomb County, and Beaufort County, is and are hereby 
 repealed and made void, as if the f^me had never been made. 
 
 CHAP. VI, 
 
 jln A51, for defiroying Vermin in this Province, 
 
 I- "D ^ '' EnaSledy by his Excellency Gabriel Johnfion, Efq\ Governor, by and 
 
 X) w//^ the Advice and Confent of his Majejly's Council, and General Affembly 
 
 of tiais Erovince^ and by the Authority of the fame. That from and after the Rati- 
 
 U u u fication 
 
262 LAWS ^North-Carolina. 
 
 A D. 1745. fication of this Aft, any Perfon or Perfons that Ihall kill any of the Vermin here- 
 <^— ^.— > ^^j.^^ mentioned, fhall be intituled to a Claim upon the Pariili where fuch Vermin 
 venmn int'iluUa w'as killed, the feveral Rewards as follow, viz. For every Panther, Ten Shil- 
 t»aK.£wstd. lingsj Proclamation Money i for every Wolf, Ten Shillings, Proclamation Mo- 
 ney ; and for every Wild-Cat, Two Shillings and Six Pence, Proclamation Mo-" 
 rtey i to be levied and recovered as by this Act (hall be direded- 
 
 certificate how 11- AND be it further Ena5ledi by the Authority aforefaid. That any Perforf 
 w U procttr«d. ot Perfons, who fliall have a Claim for killing any of the aforefaid Vermin, are 
 hereby ordered to produce the Head or Scalp, with both Ears, before any Ma- 
 giftrate, who is to adminifter an Oath to fuch Perfon claiming the fame. That it 
 was taken and kiHed v/ithin the Bounds of fuch Parilh where fuch Claim is defircd 
 to be paid •, and if it be a Servant, Slave, or Indian^ that fhall kill any fuch 
 Vermin, of wkich the Head or Scalp fliall be produced, as aforefaid, the Mafter 
 or Owner of fuch Servant or Slave, or he that makes Claim for fuch Scalp or 
 Scalps, in Behalf of an Indian, fhall make Oath, before fuch Magiftrate, that he 
 ,verily believes the fame was taken and killed v/ithin the Parifh where the Rev/ard 
 js claimed : Which Oath being adminiftered to the Perfon who makes the Claim, 
 the faid Magiftrate is hereby dii*e6ted to give the faid Perfon a Certificate, in 
 Words at Length, for the fame, which done, the faid Magiftrate fhall imme- 
 diately caufe the Plead or Scalp to be deftroyed, by burning the fame. 
 
 perfonj hsvmg JH. A N B hc it further EnaSied^ by the Authority aforefaid^ That any Per- 
 SvfrXm to fon or Perfons, baving a Certificate trom any Magiftrate within the Parilh, for 
 the Veftry once a jvji^jj^g afj(-| Joining any of the Vermin aforefaid, Ihall deliver the fame to the 
 ^''"' Veftry and Churchwardens where fuch Cerdficate from the Magiftrate was ob- 
 
 tained •, which faid Cerdficate Ihall be delivered to fuch Veftry and Churchwar- 
 dens, Yearly, on Eafter- Monday^ in every Pariflh within this Province : And 
 M.giftn.est. foch Magiftrate fliall keep a Lift"'of each and every Certificate by him given as 
 keep a Lift of all aforcfald, in which he fliall inftrt the Perfons Name, the Time wheln, and the 
 S£ttUm"o Number of Scalps fuch Certificate was given for, and fliall tranfmit fuch Lift to 
 »u Veftry. tlic Veftry and Churchwardens, at the Time herein before- mentioned forgiving 
 in the faid Certificates. 
 
 Veftty to lay a jry A N B be it further Enafied, by the Authority aforefaid. That the feveral 
 
 culm.!" '"^^^ Veftries and Churchwardens in every Parifli, are hereby required, authorized, 
 
 and impov/ered, to levy the faid Claims on the feveral Taxables within each 
 
 Parifh, in Proclamation Money, or the rated Commodities, as other Parilh Dues 
 
 v/ithin this Province have heretofore been. 
 
 juAien.iWert y^ AND be it Enabled, Tlvit the Juftice or Juftices giving Certificates,- and 
 -opir cnt. j^.£Vj.Qyij^g ^.^^e fields 3nd Scalps of Vermin, ' as is by this Adt direded, fliall have 
 and receive, for their Trouble therein. Ten per Cent, paid to thenv out of the 
 Premium granted to Perfons for killing of Vermin, at the Time that the Premi- 
 um is paid to Perfons claiming, by Virtue of this Adt. 
 
 Pen. ty on Vef- Yl A N D it IS hereby further Enacted, That if the Veftry or Churchwardens, 
 n7;iE;"!.etr Juftice of the Peace, or Conftable,. fliall negleft or refufe to execute and difcharge. 
 ^•'j'- the feveral Trufts and Powers to them, or either of them, by this Ad given, 
 
 that he or they fo neglefting or refufing, fhall forfeit and pay the Sum of Five 
 Pounds, Proclamation Money, to him or them that fhall inform or fue for the 
 fame; to be recovered by Aftion of Debt, Bill, Plaint, or Information, in any 
 Court of Record in this Government, wherein no EfiToign, Protection, or Wager 
 of Law, fliall be allowed or admitted of. 
 
 CHAR 
 
LAWS £^ North -Carolina. 263 
 
 A. D. 1748. 
 
 CHAP, vii. ^-^rz 
 
 An A5i^ to e?iJarge the I'ime for the Commijioners of the Roads, appointed 
 by the A^ of Afembly pajjed April the Twentieth, One Thoufand Seven 
 Hundred aad Forty Five, intituled. An Ad:, to impower the feveral 
 Commiffioners herein after-named, to make, mend, and repair all 
 Roads and Bridges, Cuts and Water-Courfcs, already laid out, or 
 hereafter to be laid out, in the feveral Counties and Diftrids herein 
 after-appointed, in fuch Manner as they judge moft ufefiil to the 
 Public, to recover the feveral Sums due from Defaulters. 
 
 I-TTTHEREAS the Time by the "faid Ad, for the Commifllonerscal- Prsaatte. 
 
 VV ^^"S before them fuch as they fhould fufped were Defaulters, and for 
 proceeding againft fuch, was in the faid Ad limited to three Months, from the 
 Ratification thertof •, which Time was fo fhort, that the feveral Commiflioners 
 could not procure Copies of the Ad within the Time limited : Wherefore, 
 
 II. B E it Enacted, by his Excellency Gabriel Johnfton, Efq^, Governcr, by and '^^rn\aonm 
 tvith the Mvice and Confent of his Majejifs Council, and General Affembly of this ^Z&'ikh ' 
 
 ultcra 
 
 Province, and :t is ha-eby Enacted, by the Authority of the fame. That the fe- ''"^'° ^* **«'°- 
 veral ComniifTjontrs in the faid Ad mentioned, fhall have full Power and Au- 
 thority to proceed againft all fuch Perfons as they fhall fufpcd are Defaulters, in 
 the fame Manner as by the faid Ad is direded, at any Time within the Space of 
 Eighteen Months, from the Ratification of this Ad, as fully and amply, as if 
 the fame Eighteen Months had been inferted in the faid Ad. 
 
 CHAP. Vll. 
 
 An A51, fo provide indifferent Jurymen in all Caufes, both Civil and Cri- 
 minal, and for an Allowance for their Attendance, 
 
 I- 'T^ HAT indifferent Jurors, in all Courts of Judicature within this Pro- I'reamtie. 
 
 X vince, for all Tryals hereafter, may be had, and that the Charge and 
 Expcnce of their A.ttendance may be equally borne : 
 
 II. WE pray that ij may be Enaded, And he it Enacted, by his Excellency NoPerf.n tote 
 Gabriel Johnfton, Efq; Covcrncr, by and with the Advice and Confent of his Ma- LSTrT'u? 
 
 jefiy'i Council, and General Affembly of this Province, and it is hereby Enacted, by fi"^ by this'^Aftl 
 the Authcrity of the fame. That from and after the laft Day of May next, after 
 the Ratification of this Ad, no Perfon fhall be a Juryman in the General Court, 
 Court of Aflize, Court of Oyer and Terminer^ and General Goal Delivery,' 
 within this Province, but fuch who are elcded, fummoned, and returned, ac* 
 • cording to the Diredions of this Ad -, and if any other Perfon or Perfons fhall be 
 fummoned to ferve as a Juryman, and returned to the General Court, Court of 
 Aflize, Court of Oyer and Terminer, and General Goal Delivery, of this Pro- 
 vince, it Ihall be good Challenge for either Party, and the Perfon fo returned, 
 ihall be difcharged upon the faid Challenge. ■ 
 
 III. All D be it further Enacted, by the Authcrity aforefaid^ That once in !'"■>'««" ^owte 
 Six Months, at each and every County Court within this Province, next after ''^ ^'"''"'"^• 
 the firft Day of January, and the firft Day of Jidy Yearly, in open Court, the 
 
 Juftices of each and every County Court, together with the then Grand-Jury, 
 
 Ihall 
 
264 L A IV S of North-Carolina. 
 
 A- D 1748 f)iaii eicjSt and choofe Twelve knowing lubftantial irceholders of the feverai 
 C- — ^ — -^ Counties, (except thofe Counties where tae General Court, Court of Aflize, Court 
 of Oyer and 'Terminer^ and General Goal Delivery, (hall fit,) where the JufticeS 
 fjiall choofe Twenty Four Freeholders, as aforefaid, to be returned to ferve as 
 Jurors, at the next General Court, Court of Affize, Court of Oyer and Terminer, 
 and General Goal Delivery, to which, by the Law that is now in Force, or here- 
 after may be in Force, they ought to attend. 
 
 Lift of 'rr?ihoi' ^^ AND he it further Enacted^ That immediately after (uch Choice or 
 4tn tiefted to Election, as aforefaid, the Clerk of each and every County Court, fhall make 
 the Sheriff. j^vit an attefted L-ift of luch Freeholders as fhall be clefted or chofcn, as aforefaid, 
 and deliver the fame to the Sheriff of his County. 
 
 V. J N D be it further Enacted, That the ShtrifF of each and every Coun- 
 »on them t9 at- ty within this Province, ftiall fiimmon the faid Twenty Four Freeholders {o 
 *'^"''- elected, of fuch County where the General CoOrt, Court 6f AfBze, Court of 
 
 Oyer and 'Terminer, and General Goat Delivery, fhall be held,~ and the faid 
 Twelve Freeholders of the feverai other Counties, eleded as aforefaid, mentioned 
 in the faid Lift to ferve as Jurors for the next Gei^eral Court," Court of Afllze, 
 Court of Oyer and Terminer, and General Goal Delivery, as by his Writ helhali' 
 be commanded, and no other. 
 
 Venire mt to if- VI. AND he it Enacted by the Authority Aforefaid, That no Venire or 
 irjtoT.?*""" Venires fhall iffue hereafter, for more than Twelve Perfons out of each of the 
 feverai and refpe(5live Counties to ftrve as Jurors, (except as is herein before 
 excepted) ; That is to fay. Six on the Petit, and Six on the Grand-Jury, at the 
 General' Court, Court of Aflize, Coutt of Oyer and Terminer^ and General Goal 
 Delivery. 
 
 Penalty OB jiirori Vll. A N D he tt furthcr Enc.cted, That each arid every Perfon, qualified* ag 
 TbSrK a Juror to ferve by Virtue of this Aft^ which fhall be duly chofen, fummoned, 
 *'"'*•• and returned, and doth not appear, fhall forfdit and pay Thirty Shillings, Pro- 
 
 clamation Money •, or after Appearance, fhall abfent themfelves from the faid 
 Court, before the Court fhall difcharge them, fhall forfeit and pay fuch Fine as 
 the Court fhall impofe, not" exceeding Five Pounds, Proclamation Money ; to 
 be levied by the Sheriff, by Order of fuch Court, and paid to the Juftices of the 
 County where fuch Defaulter inhabits 5 to be applied towards paying fuch Jury- 
 men as fhall attend -, and no Jurymens IfTues making Default fhall be favcd, but 
 byfpeciai Order of fuch Court, or fome juft and reafonable Caufe, proved upon 
 Oath, and certified the next fuccceding Court •, and no Man fhall be taken to be 
 duly famrnoned which' hath not been fummoned at leaft Ten Days before the 
 Day before he ought to appear ; and every Perfon fliall be deemed duly fum • 
 2"su«mo7/ ' moned, where a Note fhall be left at Icaft Ten Days before the Sitting of fuch 
 Court to which he ought- to appear, at his refpe6tivc Dwelling, aitho' fuch Per- 
 fon fhall not be perfonally fummoned. 
 
 jiirM. hew to b« VIII. AN D be it further Enacted^ hy the Authority aforefaid. That at the 
 itawn. Opening of every General Court, Court of AfTize, Court of Oyer and Terminer, 
 
 and General Goal Dehvcry,^ after the Names of thePerfons fummoned fhail be 
 called over, and their Appearance or Negletft entered, and in Cafe above Twelve 
 do appear, the Court, at each and every Tryal, at the Bar, fliall call a Child, 
 under Ten Years of Age, in open Court, to draw out of a Box, for that Pur- 
 pofe. Twelve of the Names of thofe that fliall make their Appearance •, and 
 thofe Perfons only fhall be the Jury,- to ferve upon that Tryal. 
 
 IX. PRO 
 
LA JV S of North- C a r o l i n a. 265 
 
 A. D. 1748. 
 
 — v^- 
 
 IX. PROVIDED alxvaysy That if any of the Jurors, for Reafons accord- ^. ^j^^,^ 
 Ing to Law, flidU be challenged, then the Court Ihall caufc their Places to be ilnged j^ror/w 
 filled up out of fome of the others that made their Appearance, to be eleded by ^ '■''fp"^''- 
 Lot, as before is appointed. 
 
 X. P ROVID ED alfo. That for Want of a fufRcient Number of Jurors ^^^^^.,^ ^^ ^^^^ 
 appearing to fervc as aforefaid, it fhall and may be lawful for the Chief Juilice ml'nBy-ft'anderj* 
 and Judges of fuch General Court, Court of Aflize, Court of Oyer and Termitict^ °;;j°"- ^l^^^J 
 and General Goal Delivery, to order the Sheriff to fummons fuch indifferent 
 Jurymen as he poffible can, out of any of the Freeholders that fhall be at fuch 
 
 Court; which laid Freeholders fo fuinmoned by fuch" Sherifs, fliall be deemed 
 and held to be fuiFicicnt Juror or Jurors, as thofe eleded and chofen by Virtue 
 of this Ad, could have been, had they appeared: Any thing before recited in 
 this A(5t;, notwitlilhnding. 
 
 V XI. AND he it further Ena£fed^ hy the Authority aforefaid^ That the feveral TnJg., Juft;«:«, 
 
 ^erifs, and every rcfpeftive Judge or Juftice of the General Court, Court of £"fw,Vn*'f.r '* 
 
 AlTize, Court of Oyer and terminer., and General Goal Delivery, fhall, on or the PaTormnnce 
 
 before the Conclufion of the next General Court, Court of AfTize, Court of Oyer °* '*'''' ^^^'*' 
 
 and Terminer^ and General Goal Delivery, after thelaft Day of May, fwear, in 
 
 open Court, That he will, as far as he may or can, either by his Knowledo-e, or 
 
 Iiiformation, follow^ obkrve, and keep the Rules, Methods^ Mann*?, and 
 
 y^ay of chooflng of Jurymen, for each General Court, Court of AfTize; Court 
 
 of Oyer and Terminer, and General Goal Delivery^ to be holdtn in this Province 
 
 according to the true Intent and Meaning of this Aft ; and every juilice. Judge' 
 
 or Sheriff, who Ihall hereafter be appointed, fliall take the fame Oath, before he 
 
 execute any Part of this Office : And every Judge, Juftice, Sheriff, Officer, or p.„,u,fo.Ne8. 
 
 Mmilter, who fhall negleft or refufe to take fuch Oath, as aforefaid, fhall, for i-^ft" RefufaL 
 
 each Default, forfeit and pay Twenty Pounds, Proclamation Money-, One 
 
 Moiety thereof to him or them that fhall fue for the fame, the other for the 
 
 Ufe of the Public, to be difpofed of as the General AfTembly fhall think fit; to 
 
 be recovered, by Bill, Plaint, or Information, in any Court of Record in 'this 
 
 Province, wherein no Injundion, Protedion, or Wager of Law, fliall be allowed 
 
 or admitted ot.; 
 
 XII. AND whereas the attending the denefal tourt. Court of AfTize Court Allowance to 
 bf. Oyer and terminer, and General Goal Delivery, will be very expenfive to the \Z^c.^^\^"^ 
 Jurors fo attending, for Remedy whereof; Be it Enabled, by the Authority afore- '^°""' *'* 
 faid. That each and every Juror, at the General Court, Court of AfTjze, Court 
 
 of Oyer and Terminer, and General Goal Delivery, upon producing a Certificate 
 from the Clerk of fuch Court, of the Time of his Attendance, (which Certificate 
 the Clerk is hereby direded to give, if required,) unto the Court of the County 
 where he rcfides, he fhall have and receive Three Shillings, Proclamation Mo- 
 ney for each Day s Attendance, (and his Ferriages,) certified as aforefaid, to be 
 paid by the Juftices of fuch Court,_ out of the County Tax ; and the Juftices of " 
 every County Court, are hereby required and direded, to lay a Levy, fufHcient 
 fo difcharge the fame, on all the Taxables in their refpedive Counties, to be 
 paid and coileded at the fame Times, and in the fame Manner, as other Coun- 
 ty Taxes by Law now are paid and coileded. 
 
 XIII. AND .he it further \Ena5fed, That every Ad and Ads, and every R^ingcudt, 
 Article and Claufe therein, as mtichas relates to the providing of indifferent Ju- 
 
 rymen in all Caufes, Civil and Criminal, within the Purveiw of this Act, are hereby 
 repealed. arid ihade void, as if the fame had never been made. 
 
 X X X CHAP. 
 
266 
 
 L A ly S cf North-Carolina. 
 
 A. B 1748. 
 
 yttKnic. 
 
 C9R( wIiM htl J. 
 
 Rj^^iit^lxgCUafe. 
 
 CHAP. IX. 
 
 An ASl^ to alter the Timss for holding the Courts for the County of 
 
 New-Hanover. 
 
 L TTTHEREA S Two of the County Courts -which are held for the 
 W County of New-Hanover ^ in each Year, fail out on the fame Days the 
 General Courts of this Province are held, at Nswbern ; 
 
 II. W E therefore pray it may be Ena(5lcd, Jnd he it Enacted, by his Excellency 
 Gabriel Johnfton, Efa; Governor, ly and with the Advice and Confent of his Ma~ 
 jcftfs Council, and General Affembly of this Province, and it is hereby Enacted, by 
 the Authority of the fam^, '1 hat after the Tenth Day of April, next after the 
 Ratification of this A 61, the feveral County Courts hereafter to be held for the 
 County of New-Hanover, (hall be held on the laft Tuefdays in February, May^ 
 Auguft, and November, Yearly ; and all Continuances and References ordered in 
 the Court held for the faid County on the Second T'uefday in March paft, Ihali 
 be continued over, and all Procefs returnable to the Second Tuefday in June next, 
 fiiall be returned to the Court to be held for the faid County on the laft ^uefdaj 
 in May next, and iliali not be Error in the Procefs or Proceedings aforefaid. 
 
 III. ^ND be it further Enafled, That the Claufe in the Aft intituled, Ati 
 Act, for erecting the Village called Newton, in New-Hanover County, into a 
 Tofvn and Totvnjhip, by the Name of Wilmington^ and all and every Claufe and 
 Claufes in ar^y other Ad or Ads, fo far as relate to the Time of holding the 
 Courts for the faid County, ii and are hereby repealed and made void. 
 
 ?Mi«ilIe. 
 
 C H A P. X. 
 
 An ASi, for gr Anting isnfo bis Majefty the Sum of twenty One Tboufand 
 Three Hundred and Fifty Pounces, Proclamation Money, and for /lamp- 
 ing and emitting the faid Sum of Twenty One Tboufand Three Hundred 
 and Fifty Pounds, Public Bills ef Credit of this Province, at tbe^ Rats 
 of Proclamation Money ; to he applied towards building Fortifications in 
 /his Province, Payment of the Public Debts, exchanging the prefent 
 Bills of Credit, and for making proper Provifon for defraying the 
 tontingent Charges of the G&vernment ; and for repealing the feveral 
 LatJus herein after mentioned- 
 
 I, 
 
 w 
 
 H E R E A S, during the prefent War With Franee and Spain, thb 
 w Y Province hath received great Damage, by the Enemies Frivateerfi 
 «oming into the Ports and Harbours of the fame, which are intirely defencelefa 
 and without any Fortifications, and taking and carrying away the Veffels there- 
 out, and landing, and plundering the Inhabitants : And whereas the great Scar- 
 city of Currency is fuch, that it is imprafticable to raifc a Sum by an immediate 
 Tax on the People, fufficient for building proper Fortifications, for the Defence 
 of the faid Ports, and to difchargc the Public Debts : Wherefore, 
 
 ir. W E pray that it may be Enacted, And be it Enacted, by his Excellefuy 
 Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent of bis Ma- 
 jtfifs CottnclU ^Jfd Genernl Affsmh^ of this Pravinct, and it is hereby Enacted, 
 
L A W S of N O R T H- C A R O L IN A. 267 
 
 by the Auihoritj of ih: favij, Thac out of the Current Bills of Credit to be emit- .^- ^- '748- 
 ted by this Act, the Sum of Two Thouiand Pounds fhall be depofited by the *■ "J'v ' 
 faid Comminioners, in the Hands of lb etnas Barker^ Gentleman, Treafurer for paiTtheNor^ 
 the Nortksrn Counties, or the Treafurer for the Hid Counties for the Time being, iJ^" FoSficIu* 
 for the building a Fortification at or near Ocacock Inlet, for the Safety and De- onato.t^cwA 
 fence of that l^Iarbour -, and the Commiilicners hereafter named (hall have fulP"'"'- 
 Power and Authority to build the faid fortification, and by Warrant under their 
 Hands, or the Hands of the major Part of them, -to drav/, from Time to Time, 
 out of the Hands of the faid Treafurer, iuch Sum or- Sums of Money as Ihall be- 
 come due to the feveral Workmen employed by them in building the faid For- 
 tification ; and the faid Treafurer is hereby required, on fuch Warrant or War- 
 rants being produced to him, to pay the fame accordingly. 
 
 III. AND he it further E^aiJed, That His Excellency the Governor and Comn,i«onert 
 Commander in Cliief for the I'ime being, Mr. Benjamin Peyton^ Mr. Samud ''^^^^\^^\^^^ 
 Sinclare^ Mr*. Francis Stringery Mr. James Macklewean^ Mr. John Haywood^ Fort. 
 
 knd Mr. Peter Payne ^ be, and are hereby appointed Commiffioners, for ereding 
 and building the faid Fortification. 
 
 IV. A N D he it further Ena^fcd^ hy the Authonty aforefaid^ That the i,'oo!. for a 
 Sum of One Thoufand Five Hundred Pounds fhall be depofited by the faid t^S^.u' 
 CommiflTioners in the Hands o^ Edzvard Mofeley^ Efq; Treafurer for the Southern 
 Counties, or the Treafurer of the faid Counties for the Time being j for the 
 building a Fortification or Fortifications at of near Old Top-Sail Inlet, for the 
 
 Safety and Defence of that Harbour -, and the Commiflioners hereafter nameci 
 ihall have fall Power and Authority to build the faid Fortification or Fortifica- 
 tions, and, by Warrant under their Haads, or the Hands of the major Part of 
 them, to draw, from Time to Time, out of the Hands of the faid Treafurer, 
 fuch Sum or Sums of Money as Ihall become due to the feveral Workmen em- 
 ployed by them, in building the faid Fortification or Fortifications \ and the faid 
 Treafurer is hereby required, on . fuch Warrant or Warrants being produced to 
 him, to pay the fame accordingly, 
 
 V. AND he it further Etiaoledt That His Excellency the Governor and Ccmmiffioner. 
 Commander in Chief for the Time beings Mr. Thomas Lovicky Mr. Arthur '??"'""'* ^'" "' 
 Mabfony Mr. John CUtherali, and Mr. Jofeph Bell, be, and are hereby appointed 
 Commiffioners for erecting and building the faid Fortification or Fortifications. 
 
 VI. AND he it further Ena^ed; hy the Authority aforefaid. That the Sum 50^ 1. for a For*. 
 of Five Hundred Pounds fiiall be depofited by the faid Commiflioners, in the " *"' ^"^"' 
 
 ■ Hands of the Treafurer of the Southern Counties aforefaid, or the Treafurer of 
 the faid Counties for the Time being, for the building a Fortification at or near 
 Bear Inlet, for the Safety and Defence of that Harbour; and the Commiflioners 
 liereafter named, fliall have full Power and Authority to build the faid Fortifica- 
 tion, and, by Warrant under their Hands, or the Hands of the major Part of 
 them, to draw, from Time to Time, out of the Hands of the faid Treafurer, 
 fuch Sum or Sums of Money as Ihall become due to the feveral W^orkmen em- 
 ployed by them, in building the faid Fortification ; and the faid Treafurer is 
 hereby required, on fuch Warrant or Warrants being produced to him, to pay 
 the fame accordingly. 
 
 VII. AND he is further Enacted, That His Excellency the Governor and commifl5on.ri 
 Commander in Chief ior the Time being, Mr. Samuel Johnfion, Mr. Edward 'PP°'"^'<* ^"^^ •- 
 Wardy Jun. Mr. Stephen Lety and Mr. John Starke)', be, and are hereby ap- 
 pointed Commiffioners, for erc^ing and building the faid Fortification. 
 
 VIIL AND 
 
268 LA W 5 of North-Carolina. 
 
 A. D. 174S. 
 
 \ ^ ' VIII. JND be it Enact edi That the Sum of Two Thou fand Pounds fhall 
 
 ITo.lJrVar.'''^ be depofited by the faid Commiflioners, in the Hands of the Treafurer of the 
 Southern Counties aforefaid, or the Treafurer of the faid Counties tor the Time 
 being, for the building a Fortification at or near the Mouth of Cape-Fear Riverj 
 for the Safety and Detence of that Harbour ; and that the Commiflioners appoin- 
 Commiflioners ted by an A6t of the General Afiembly, intituled, yin Jtl, fcr ereiiing a Forti-^ 
 appQinuJtokuiid^.^^^.^^^^ ^^^ /tfWfrP^r/ c/ Cape-Fear i2mr, /^r applying thereto the Powder- 
 Money already arifen, or which Jhall arife, by Shipping camming into the Port of 
 Brilnfwick, to be /dyed out and applyed towards building a Fortification at Cape- 
 Fear, fhall have full Power and Authority, by Warrant under their Hands, or 
 the Hands of the tnajor Part of them, to draw, from Time to Time, out ot the 
 Hands of the faid Treafurer, fuch Sum or Sums of Money as fhall be due to the 
 ■ fcveral Workmen employed by them in building the faid Fortification \ and the 
 faid Treafurer is hereby required, on fuch Warrant or Warrants being produced 
 Treafurers Ai- to him, to pay the fame accordingly : And the faid Treafurers {hall be allowed 
 i«w»D«. Qj^g ^^^ Q^^^ fQf receiving the faid Money, and paying the fame out again, as 
 
 aforefaid. 
 
 IX. A N D be it further Enacted, by the Authority aforefaid. That Elcazer 
 fppoirteTfor'e. Allcn, Edward Mofely^ and Saii^Uel Swann, Efqrs. and Mr. John Star key, arc 
 mitting 21350 1. ]^gj.j,^y appointed, authorized, and impowered Commiflioners, to ftamp and 
 make out, or caufed to be ftamped, with Copper-plates, and figned with their 
 Hands, Public Bills of Credit of this Province^ to the Amount ot Twenty One 
 Thoufand Three Hundred and Fifty Pounds, at the Rate of Proclamation Mo- 
 ney ; That is to fay, Two Thoufand Bills of Four Pence each. Two Thoufand 
 Bills of Eio-ht Pence each, Tv/o Thoufand Bills of One Shilling each. Two Thou- 
 fand of Eighteen Pence each, Two Thoufand of Two Shillings each. Two Thou- 
 fand of Two Shillings and Six Pence each. Two Thoufand of Three Shillings 
 each. Two Thoufand of Five Shillings each. Two Thoufand of. Six Shillings 
 each. Two Thoufand of Seven Shillings and Six Pence each, Two Thoufand of 
 Nine Shillings each. Two Thoufand of Ten Shillings each, Two Thoufand of 
 Fifteen Shillings each, Two Thoufand of Twenty Shillings each. Two Thoufand 
 of Thirty Shillings each. Two Thoufand of Forty Shillings each, and Two 
 Thoufand of Three Pounds each. 
 
 Current Biih to ^- A N D bs H Endctcd, by tioe Authority aforefaid^ That when the aforefaid 
 fee exchanged, Bills are ftampcd and figned, the Commiflioners atorefaid fhall, within Twelve 
 vhiiiaaYear. jyj^j^jj^g^ cxchangc the Bills now Current, after the Rate of One Shilling, for Se- 
 ven Shillings and Six Pence, of thofe which are at prefent Current ; which Dif^ 
 ference of "Seven Shillings and Six Pence, for One Shilling, Proclamation, hath, 
 continued for divers Years paft, and is at prefent the true Difference ; and that 
 after the Expiration of the Twelve Months aforefaid, the prefent Bills of Credit 
 fhall not be exchanged, nor fhall be a Tender or taken in any Payment 
 whatfoever, 
 
 fobiic D-bts to XI. AN t> be it further Enact td, by the Authority aforefaid^ that out of the 
 \t pv,.i by the reft of the Paper Currency, to be ftamped and emitted by this Ad, the feveral 
 «.n:miffi.n«.. p^^.^^^^^ ^^ ^1^^^^ ^j^g Y\M\c IS dcbtor, according to the Schedule hereunto annex- 
 ed, fhall be paid the Sums refpedively due to them by the Commiflioners afore- 
 faid, fo foon as the fame may be conveniently done, after the Bills by this Adl 
 to be emitted, fhall be ftamped and figned, of which the Commiflioners afore- 
 faid are to give truly and proper Notice, by Advertifements, fet up at the 
 fereral Court-houfes in this Government, that they will attend at Netvbern, td 
 exchange the faid Bills, and pay off the Public Debts, during the Sitting of the 
 Tw® next fucceeding General Courts, after fuch Notice fet up as aforefaid. 
 
 XII. ANiy 
 
L A IV S o/' North-Carolina. 269 
 
 A. D. x-i%. 
 
 XII. ANB he it further Enacted^ by the Authority afcrefudy That the Bills ^l"^'^~^ 
 of Credit to be eniitced by this Act, iliail be current, and a lawkil Tender, in all ti,is' Aa,"uwfi 
 Payments whatfoevcT, as Pfociamation Money, or as Slerhrig Monty, at the pro- lender, 
 per Difference there is between Proclamation Money and Sterling ; taat is to fay^ 
 At Four ShiUings Proclamation Money, lor Three Shillings Sterling. 
 
 XIII. A N I^ be it further Enacted, by the Authority aforefaid. That if any t'fnairy on ep»a. 
 Perfon or Pcrfons fliall counterfeit, alter, or erafe ahy of the Public Bills of '"*"'"'• 
 Credit of this Province, or Ihall aid or affift in counterfeiting, altering, or erafing 
 
 fuch Bills, or ihail utti:r any of the faid Bills, knowing them to be lb counter- 
 feited, altered, or erafcd, fuch Perfon or Perfons fo offending, fhall, for the 
 firft Offence, be whipped, at the Difcretion of the Court, not exceeding Forty 
 L-ilhes, and ftarid in the Pillory Two Hours, and have both Ears nail'd to the 
 Pillory and cut off; and for the fecond Offence, be deemed a Fellon, without 
 Benchu of Clergy, and ihall be adjudged and fuffer accordingly,;. 
 
 XIV. AI4d he it fkrther EnaSfed, by the Aiithority afci'efaidy That after Remaider rf th<! 
 the feveral Sums by this Ad direfted to be emitted and paid, fhall have been fet ''^biic Money 
 apart for the Purpofes before mentioned, the Refidue and Remainder of the afore- '*^"**"''*^'«*? 
 Taid Sum of Twenty One Thoufand Three Hundred and Fifty Pounds, fhall be 
 
 and remain in the Cuftody and Keeping of Mr. John Carruthers, in Newbcrn, in 
 a ftrong Chcft, v/ell fecured with Iron, with Three diftinft Locks, the Key of 
 one to be kept by the Governor for the Time being, another by the Secretary tor 
 t\\t Time being, the thiid by the Speaker of the Affembly for the Time being,; 
 fo as the fame Bills of Credit may be always ready to defray the contingent 
 Charges of Government, as the Governor, Council, and General Affembly, Ihall 
 dire(5l v^and the fame Cheft ^all not be opened for iffuing the Bills of Credit, but 
 in the Prefence of the feveral Perfons with whom the Keys are by this AQi in- 
 trufted, unltfs otherwife ordered and direfled by the General Affembly* 
 
 XV. ANT) he it further Enabled, by the Authority aforefaid. That the Sum Tai to 1,= lair 
 of One Shilling, Proclamation Money, be Annually levied on every Taxable ^''' ''"'^'"s ^ 
 Perfon within this Province, and be collefted by the Sheriff of every refpedive ^'^''' 
 County, and fhall be paid, in Gold, Silver, or Bills of Credit, on or before the 
 
 Firft Day of March^ Yearly ; and that all Perfons negleding to pay the faid Tax 
 at the Time by Law limited, fhall be liable to fuch Diftrefs to be made by the 
 Sheriff, as for Non-Payment of other Taxes ; and the faid Sheriff of each and sheriff to retur. 
 every County, on or before the Tenth Day of June^ Yearly^ fhall return a Lift = ^'^ "' T..xa. 
 of Taxables, and alfo account, upon Oath, and pay into the Hands of the Pub- w"h '"hVrrea"* 
 lie Treafurer of the refpedivc Counties, all fuch Sums of Money as he fhall have '^"'"' ""^ ^^ 
 received by Virtue of this Adl, under the Penalty of Two Hundred Pounds, "^ *°°'* 
 Proclamation Money, for every Default ; which faid Penalty fhall be recovered* 
 by Adion of Debt, Bill, Plaint, or Information, in the Supream Court of this 
 Province, by any Perfon who fliall fue for the fame % wherein no Effoi^^n, In- 
 jundion, Protedion, or V/ager of Law, fhall be allowed or admitted of- the 
 one Moiety to him or them who fhall fue for the fame, the other to be applied 
 by the General Affembly of this Province for the Ufe the Tax by this Ad is 
 intended : And the faid Affcmbi'y fhall caufe the faid Bills fo paid in, to ba 
 Annually burnt and deffroyed, until the whole Currency fhall be funk. 
 
 XVI. AND whereas there are divers confiderable Sums of Loan Money due Co»ntr f^^im 
 and unpaid, and the Power of the Treafurers to make Diftrefs is already expired • "■" *" '"'''' 
 ^Therefore, be tt EncMed, That the feveral and refpedive County Treafurers, thei? ^Jl^l-,^^^ 
 Heirs, Executors, or Adminiftrators, fhall, and are hereby impowered and au- "'""^' 
 *horized^ at any Time hereafter, to make Diftref* of all GoocU and Chattels of 
 
 Y y y Pcrfens 
 
270 L A JV S C/' N O R T H - C A R O L I N A. 
 
 ^i. D. 1748. x-'erfons who are iiidtbtcd for any Loan Money, or for V/ant of fucli Goods and 
 w ^ Chattels, to feize and difpofe of fuch mortgaged Lands, in order to difcharge 
 
 fuch Sum or Suras due and in Arrear on fuch Mortgages j the Expiration of any 
 Law to the contrary, notwichftanding. 
 
 Treafurcrs 
 
 XVIL ANB be it further EnaHedi by the Authority aforefaid. That the feveral 
 County Treafurers, their Heirs, Executors, or Adminiilrators, Ihall pay, to the 
 Pubhc Treafurer of the refpedive Counties in this Province, all the Bills of Cre- 
 dit now in their Hands, or which herealter fhall be by them, or any of them,' 
 refpedlively received ; and the faid Public Treafurer fliall account with, and pay- 
 to the General Afiembly, all fuch Sums of Money as they fhall receive in Virtue 
 hereof', which fnall be burnt and dcftroyed : And the Clerk of the Affembly 
 Ihall keep a fair Account of all Monies that fhall, from Time to. Time, be paid 
 in and burnt. 
 
 „ .^ . XVJII. ANB he it further Ena^ed, by the Authority afore faid. That the 
 
 Commiflioners to 1 • 1 r • 1 n 11 1 r 1 1 t-' 
 
 •irs B'jnd. CommiiTioners herein before appomted, fhall, before they enter upon the Execu- 
 
 tion of their refpedtive Offices, give in Bond, to his Excellency the Governor, for 
 the Ufe of the Public, in the Sum of I'hree Thoufand Pounds, Proclamation; 
 Money, each, for the due and faithful Execution of his Office, according to the 
 true Intent and Meaning of this A6t. 
 
 Their Allowance XIX. ANB be it Enc^ed, by the Authority aforefaid^ That the faid Com - 
 Money""'"^ ^^^ mifiioners fliall have and receive,^ for their ftamping, exchanging, and paying 
 
 out the faid Bills of Credit, the Sum of Five Hundred Pounds, Proclamation 
 
 Money. 
 
 Aci» repealed. XX. ANB be it Em5fed^ That the x\6t, intituled, An Act, laying a "Tax for 
 finking the now Current Bills of Credit ; and alfo the A6t, intituled. An Act, for 
 facilitating the Na'vigation of the feveral Ports of this Province^ and for buoying 
 and beaconing the Channels leading from Ocacock to Edenton, Bath-Town, and 
 Newbern, and from Tppfail Inlet, to Beaufort-Town, and other Ports and Inlets 
 within the faid Province, herein mentioned, and for providing fuffcient. Pilots fo'/ 
 the fafe Conduct of Veffels ; and alfo the Ad, for raif.ng a Public Magazine of 
 Ammunition, upon the 'Tonage of all Veffels trading to this Government -, and every 
 Claufe and Claufes, Article and Articles of them ; and alfo the Claufe of an A6t, 
 intituled. An Ad, for appointing CommifHoners to revife and print the Laws of 
 this Province, and for granting to his Majtlly, for defraying the Charge thereof, 
 a Duty on Wine, Rum, and diflilled Liquors, and Rice imported into this Go- 
 vernment, fo far as it relates to the colleding and receiving the fiid Duties ori 
 Wine, Rum, and diftilled Liquors, be, and are hereby feverally repealed, and 
 declared void, as if the fame had never been made. 
 
 S I G N E D by 
 
 Gabriel Joanston, Efq; Governor," 
 
 Nathaniel Rtce, Prefident. 
 
 Samuel Swann, Speaker^ 
 
 
 Anno 
 
L A IV S e/' Nor T H- Carol IN A. 271 
 
 A. D. 174?- 
 V ^ ^ 
 
 Anno PvCgni 
 
 II n 
 
 Regis, Magu^e Britamuie, Francice, &: 
 Hibern'ui^y Viceffimo Secundi. 
 
 At a Genentl ASSEMBLY, held at Nt^hern, the g a b r t « t 
 Fifteenth Day of Otioher^ in the Year of our Lord One e% c!,vJmx? 
 Thoufand Se^en Hundred and Forty Eight. 
 
 e»mblf, 
 
 CHAP, I. 
 
 An A^y to appoint a ccnveniefit Place for holding the County Court of 
 Granville, and to ifnpo'wer the Commijjioners hereafter named, to build 
 a Court-houfe^ Prifon, and Stocks in the faid County, 
 
 I. TT 7 HERE AS by 211 Ac% intituled. An A^^ for dividing Edgcomb p_ 
 
 Vy • County and Partjh, and for erecting the upper Part thereof into a County 
 and Parifh, by the Name of Granville Ccunty^ and St. John's Parifh^ and for ap- 
 feinting Vefirymen of the faid Parifh ; amonglt other Things it was Enadred, 
 That the Jullices of tht faid Court, or the Majority of them, at their farft 
 Meeting, fhould nominate and appoint a convenient Place within the faid Coun- 
 ty, to build a Court- houfe, Prifon, and Stocks;, which faid Juilices, being thea 
 unacquainted with the Bounds of the faid County, did, by Order of the faid 
 Court, appoint a Place whereon to build a Court-houfe, Prifon, and Stocks -, 
 which faid Place, upon Examination, is found to be within Six or Seven Miles 
 of the Nonheaji Corner of the fud County, to the great Incomodity and Detri- 
 ment of the Inhabitants of the faid County attending the faid Court: Vvhercfore, 
 
 ■_ II. WE pray that it may be Enafted," and he it Enacted, by his Excellency court->>oufe>c. 
 'Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent of his Ma- ^*'"= " ^^ «* 
 jijiy's Council, and General /iffembly of this Province, and it is hereby Enacted, "^*''* 
 by the Aiithcrity of the fame. That the Court-houfe, Prifon, and Stocks, for 
 the faid County of Granville^ fhall be eredtd on or near a Branch o^Tar idvtr, 
 comnionly called or known by the Name of Tabb'^ Creek. 
 
 Ill, AND 
 
2/2 LA W S of North-Carolina. 
 
 ' ■■■' ■■ - H 
 
 A. D. 1748. 
 
 ^— — V*— — -* jji, AND he it further Enacted^ by the Authority aforefaid^ That Mr. Wil' 
 fppTjTud!"'" A'^w Eatoriy Mr. Edzvard Jones, and Mr. Jonathan fVhite, be, and they are here-^ 
 by appointed Commiffioners, to make Choice of a fuitable and convenient Place, 
 at or near the faid Creek, for the erefting and building thereon a Court-houfe, 
 Prifon, and Stocks ; and alfo, to contract and agree with Workmen to build the 
 fame, of fuch Dimenfiorts as to them lliali feem meet and convenient. 
 
 Eipcnce r>f the IV. A N D for defraying the Expence thereof. Be it Enacted^ hy the Authority 
 Buiidmg^ how to ^jr^jrgj-^j^_^ That fo much of the I ax, laid on the Inhabitants of the faid Count/ 
 of Granville^ by the above recited Aft, not already coUefted, and paid to thd 
 Commifiioners, fhall, by the Sheriff of the faid County^ be colkfted, and by 
 him accounted for, and paid, to the faid Commiluoners in this Aft mentioned 
 and appointed, under the Penalty of Ten Pounds, Proclamation Money, and by 
 them applied for and towards building the Court-houfe, Prifon, and Stocks, in 
 this Aft mentioned to be built. 
 
 Old Court-houfe V. AND whcteas the Court-houfe, Prifon, and Stocks, ali-eady begun ta 
 &c. to be fold, jjg built, will, after the Court-houfe, Prifon, and Stocks, in this Aft mentioned 
 '* to be built, fhall be finifhed, be of no Service to the faid County ; 'Therefore^ hi 
 it Enacted, That the Commifiioners herein appointed, fliall have full Power and 
 Authority, and they are hereby veiled with full Power and Authority, to fell and 
 difpofe of the faid Court-houfe, Prifon, and Stocks, to the beft Advantage ; and 
 the Monies arifmg by fuch Sale, fliall be by them applied for and towatds th^ 
 building the Court-houfe, Prifon, and Stocks^ at Tabi/'s Creek aforefaidi 
 
 olaufe is the be- ^I. A N D hc it Enacted, by the Authority aforefaid. That the Claufe of the 
 fore recited Aft bcforc rccitcd Aft, fo far as relates to the appointing a Place for building i 
 ftpeaJtd. Court-houfe, Prifon, and Stocks, and building the fame, be, and is hereby re- 
 
 pealed and made void, to all Intents, Purpofes, and Conflruftions, as if the fame 
 had never been made. 
 
 8ond, to ftand "^W- P ^0 V 1 B E 3 dlways. That notiiing in this Aft lliall be conftrued; 
 and no o- to makc void any Bond entered into by the Juftces of the faid County, to any 
 Perfon or Perfons, for the building the Court-houfe in the recited Aft menti- 
 oned, or to annuU or invalidate, or make void, any Suit that is or may be 
 brought thereon •, and that the faid Jufl:ices lay no further of other Tax than what 
 is already laid, for building the Court-houfe on l!abb^^ Creek aforefaid. 
 
 ther Tax to be 
 
 Chap. ii. 
 
 An ASi, for defraying the Expetice of thi Memhers of his MajefiyU Jlofi" 
 ourable Council, and the Members of the General AJfembly of this Pro-^ 
 *vince, in their travelling to, from, and attending at the faid Ajfem'" 
 blies J and to compell their Attendance. 
 
 AHowance to the j_ X T T E pray that k may be Enafted, And be it Enacted, by his Excellency 
 
 Membi. of the VV Gabriel Johnfton, Efq; Governor, by and with the Advice and Confent 
 
 o. AiTenabiy. ' ^j- j^-^ Ma^gjiy's Council, and General Ajembly of this Province^ and it is hereby 
 
 Enacted, by the Authority of the fame. That every Member of his Majefly'a 
 
 Council, and every Member of the General Aflembly, fliall have and receive 
 
 Seven Shillings and Six Pence, Proclamation Money, per Day, for any Time 
 
 he fliall ferve this prefent Seiiion of Affemblyp or any Jvmt he (hail ferve in any 
 
 '^ future 
 
LAWS ^'North-Carolina. 273 
 
 future i^ffetnblies of this Province, and alfo, the Sum of Seven Shillinss and ^- ^- '^f*- ■ 
 
 '■V 
 
 Six Pence, Prockm.itivon Money, per Day, for any Time he has this Selfion of 
 Afiembly, or hereafter (hall be, in travelling to and from any AfTembiy of this 
 Province, and attending the fame, together with teafonable Allowance for his 
 P'erriages; which Monies fo becoming due^ fliall be pi3t on the Hilimate of the 
 Public Debts, a Certificate of which ihall be delivered, by the Clerk of the Ge- 
 neral Afiembly, counter- figned by the Speaker, to the Perfon to whom the farrie 
 fhaii become dae^ who is hereby required to produce the fame to His Excellency 
 the Governor and Commander in Chief for the Time being, to be by him ficrned : 
 Which Certificate fo fignedj being produced to the Public Treafurer, or Trea- 
 furcrs, fhail be a fuiiicient Warrant for him, and he is hereby required to pay 
 the Sum allowed in fuch CertiScate, out of any Public Money in his Hands, not 
 before otherways appropriated by Law ; which Itiall be allowed to fuch Tteafurer, 
 on fettling his Public Accounts. 
 
 n. AN I) he it further EhaHed^ hy the Authority aforefaid. That whatfo- p.naUyonM.-m* 
 ever Member of his Majefty's -Honourable Council, or Member of the General '"' «^'-nt'"8 
 Afiembly, ihall fail in making his perfonal Appearance, and giving his Attend- 
 ance, prccifely at the Day limited by the Writ, or appointed by Proroo-ation, 
 fhall be fined,- for every Day'n Abfence during the Sitting of that Alfembly, unlefs 
 by Difability or other ImpeJiments,.to be allowed of by the Council or Afiembly, 
 with Regard to their refpeclive Members,- Ten Shillings, Proclamation Money, 
 per Day •, to be recovered by a Warrant from the Chairman of his Majefly's 
 Council, if one of their Board, and from the Speaker of the General AfTembiy, 
 for that Houf:, and directed to the McfTenger of the refpeftive Floufe of which 
 fuch Perfon fo abfenting is a Member ; who is hereby impowered and required to 
 levy the fame, by Diftrefs and Sale of the Offenders Goods, and to return the faid 
 Fine or Fines to the Governor, Council, and General Afiembly j which fhall be 
 by them applied to the Ufe of the FubliCi 
 
 \l\. A N D be it further Ena£fedy hy the Authority afore faid. That every p^^^jf ^^ ,1,- 
 Membcr.of his Majefly's Council, or Member of the General Afiembly, who, f/n"in7afte[ a?^' 
 after making his perfonal Appearance as aforefaid, fhall abfent himfelf from the. ?"""'*• 
 Service of his Houfe, without Leave firft had and obtained from fuch Houfe, fhall 
 forfeit and pay the Sum of Forty Shillings,- Proclamation Money, for every Day 
 he fhall fo abfent himfelf-, to be recovered, levied, and applied, as aforefaid, and 
 niay be fent for in Cuilody of the Serjeant at Arms, by a Warrant from the 
 Chairman or Speaker aforef.iid, at his own Expence, and be further liable to the 
 Ceufure of riie Houfe of which he is a Member, for fuch his contempt. 
 
 CHAP. IIIv 
 
 ^n A5l^ for a fcert dining the Bounds ef a certain Tra5t of Land former'- 
 ly laid out by Treaty to the Ufe of the Tufkerora Indians, fo long as 
 they, or any of them, f:all occupy and live upon the fame j and to pre^ 
 vent any Perfon or Perfons taking up Lands, or fettling within the faid 
 Bounds, by Pretence of any Purchafe or Purchafes made, or that 
 Jhall be made, from the faid Indians. 
 
 ^- Wf H E R E A S Complaints are made by the Tu/kercra Indians, of dl- Pmmbi*. 
 
 > V vers Incroachments made by the Englifh on their Lands, and it bein^ 
 but jult that the ancient Inhabitants of this Province fhall have and enjoy a quiet 
 mi convenient Dwelling-place in this their native County ; Wherefore, 
 
 Z z z H, WE 
 
274 
 
 LAWS of North-Carolina. 
 
 A. D. 174S. 
 
 , ^ 
 
 Bounds of the 
 Indians I-jnds 
 
 11. WE pray it may be Enacted, Jnd be it Enacted^ hy his Excellency Gabriel 
 Tohnftoiij E[q\ Gcjcrncr, by and with the Advice and Confent of his Majeftfs 
 ^' Council and General Ajfembly of this Province, and it is hereby Enacted^ by the 
 
 Authority of the fame^ That the Lands formerly allotted the Tti/hrora Indians^ 
 by iolemn Treaty, lying on Morattock River, in Bertie Countyi being the fame 
 whereon they now dwell, butted and bounded as follows, viz. Begining at the 
 Mouth of ^itfnoy Swamp, running up the faid Swamp Four Hundred and 
 Thirty Pole, to a Scrubby Oak, near the Head of the faid Swamp, by a great 
 Spring ■, then North Ten Degrees £<s/. Eight Hundred • and Fifty Pole, to a 
 Perfmion Tree on Raquis Swamp ; then along the Swamp and Pocolon main 
 Courfe, North Fifty Seven Degrees IVefi, Two Thoufand Six Hundred and For- 
 ty" Pole, to a Hickory on the Eafi Side of the Falling Run, or Deep Creek, and 
 down the various Courfcs of the faid Run to Morattock River ; then down the 
 River to the firft Station ; fhall be confirmed and afllired, and by Virtue of this 
 Aft, is confirmed and allured, unto Jajnes Blount, Chief of the I'ujkerora Na- 
 tion, and the People under his Charge, their Fleirs and SucceiTors, for ever ; 
 any Law, Ufage, Cuftom, or Grant, to the contrary, notwithftanding. 
 
 p.rfon* having IH. P B.OVIBED always. That it fhall and may be lawful for any Perfon 
 Grants, to enter, qj. Perfons, that havc formerly obtained any Grant or Grants, under the late 
 °h=?«dia«ir "^ Lords Proprietors, for any Trafts or Parcels" of Land within the aforefaid Boun- 
 daries, upon the faid Indians deferting or leaving the faid Lands, to enter, oc- 
 cupy, and enjoy the fame, accordmg to the Tenor of their feveral Grants j any 
 ' thing herein to 'the contray notwithftanding. 
 
 Indians not to IV. AN B he it further Enacted, hy the Authority aforefaid. That it fhall not 
 pay Quit-Rents. ^^^ ^^^ j^g lawful, for thc Lptd Granville^s Receiver to afk, have, or demand, 
 any Quit-Rents for any of the faid Trads'or Parcels of Land, taken up within the 
 faid Indian Boundaries, as aforefaid, until fuch Time the Indians have defcrted 
 the fame, and the Patentee be in PofTeilion thereof ; and then only for fuch Rents 
 as fhall from thence arife and become due ; any Law, Ufage, or Cuitom, to the 
 contrary, notwithftanding. 
 
 Penalty on Per- V. A N D he it further Enacted, by the Authority aforefaid. That no Perfon, 
 LTnds^ofthe la ^^^ ^"7 Confidcration whatfoever, fhall puvchafe or buy any Traft or Parcel of 
 Jiani! "***"■ Land, claimed, or in PofTeflion of any Indian or Indians, but all fuch Bargains 
 and Sale fhall be, and are hereby declared to be null and void, and of noneEfteft; 
 and the Perfon fo purchafmg or buying any Land of any Indian or Indians, fhall 
 further forfeit the Sum of Ten Pounds, Proclamation Money, for every Hun- 
 dred Acres by him purchafed and bought; one Half to the Ufe of the Public, the 
 other Half to him or them that fnall fue for the fame •, to be recovered, by 
 Aftion of Debt, Bill, Plaint, or Information, in any Court of Record within 
 this Government, wherein no ElToign, Frotedion, Injunftion, or Wager of 
 Law, fhall be allowed or admitted of. 
 
 Perfons fettird VL AND he it furthcr Enacted, hy the Authority aforefaid^ That all and 
 on the Indian, gycry Pcrfon and Perfons, other than the faid Indians who are now dwelling on 
 aTyt' Jn a'pen. any of thc Land within the Bounds abovc-mentioned, to have been allotted, laid, 
 out, and prefcribed to the faid Tvfkerora Indians, fhall, on or before the Twenty 
 Fifth Day of March, next enfuing the Ratification of this Adt, remove him or 
 herfelf and Family off the faid Land, under the Penalty of Twenty Pounds, Pro- 
 clamation Money : And if any Perfon or Perfons, other than the faid Indians, 
 fliall negled or refufe to move him or herfelf and Family off the faid Lands, on 
 or before the faid Tv/enty Fifth Day of March next; and if any Perfon or Per- 
 fons, other than the faid Indians^ fliall hereafter prefume to fettle, inhabit, or 
 
 occupy 
 
L A IV S of No R T h-Carol I N A. 275 
 
 j1. D. ir 
 
 occupy any of the faid Lands hereby allotted and afligned for the fuid Tujkerora 
 
 Indians j fuch Perfon or Perfons lliall forfeit the further Penalty of Twenty Shil- ^^ v ' 
 
 lings, Proclamation Moneys for each and every Day he, fhc, or they Ihall inha- 
 bit or occupy any Lands v/ithin the faid Indian Bounds, after the faid Twenty 
 Fifth Day of March next -, the faid Penalties to be recovered and applied in the 
 fame Manner as the Penalty in this A6t firil above mentioned. 
 
 VII. AND whereas thi faid Lands ht\ox\%yciQK.oxS\t'Ti<fkeror a Indians^ have c , «• 
 beed lately laid out and new marked, by George Coulde^ Efq; Surveyor General, f^r laying out th- 
 at the Requeft of the faid Indians-, Therefore, be it Enabled, That the faid George ^"^»'"*^»- 
 Gonlde, Efq; have and receive, for the Trouble and Expeflce he hath been at 
 
 in laying out and marking the Indians Land aforefaid, the Sum of Twenty Five 
 Pounds, i'rocjamation Money, to be paid by the Public out of the Monies in 
 the Public Tr-afury. ' 
 
 VIII. AND whereas thtjndians complain of Injuries received from People pen itv 
 driving Stocks of tlorfeSj Cattle, and Hogs, to range on their Lands ; for Re- f'"' nRging 
 medy whereof. Be it Enabled, That Perfons driving Stocks to rang.- , or Stocks ind-^i ilndfa 
 actually ranging on the Indians Lands, fhall, and arc hereby declarcdj to be lia- 
 ble and fubj.d: to the like Penalties and Forfeitures, and may be proceeded againft 
 
 in the fame Manner, and fubjedt to the fame Recoveries, as by the Law ot this 
 Province Stocks driven or ranging upon any white Peoples Land are liable and 
 fubjeft to ; and the faid Indians fhall and may enjoy the Bent fit of the Laws in 
 that Cafe made and provided, in the fame Manner as the white People do or Canj 
 any Law, Ufage, or Cuilom, to the contrary, notwithftanding. 
 
 CHAP. IV. 
 
 An A6t, for forming a 'kent-'RoU of all tie Lands holden in this Province ^ 
 for quieting the Inhabitants in their Foffeffions^ and for dire£iing the 
 Payment of ^it-Rents^ 
 
 I- 13 ^ ''^ EnaJfed, ly his Excellency Gabriel johnfton, Efq;, Governor, hy and L,rid» hoideh in 
 X) ^^^h the Advice and Cohfent of his Majefiy^s Council, and General Affem- ^■'^'^ p^-v nee » 
 hly of this Province, and it is hereby Enacted, by the Authority of the fame. That ^^'Ix'uZku 
 all Perfons, feized or pofTefled of any Lands in this Province, by any Title or '"' '''="• °^ * '• 
 Claim whatfoevtf, under the late Lords Proprietors, (hall, within Twelve 
 Months after this Adl fliall be publifhed, in the Manner as is herein after men- ' 
 tioned, regifter, or tender to be regiftred or entered, their Patent, Grant, or 
 mefne Conveyance, by which they claim, if in his Majefty's Part of the Pro- 
 vince, in the Office of the ^Auditor-General, or his Deputy, if fuch Lands are 
 not already entered in the faid Office, for which no Fee or Reward fliall be taken* 
 or with the Clerk of the County Court where fuch Lands may lie, who fhall take 
 and receive the Sum of Sixteen Pence, Proclamation Money, for each Patent, ' 
 Grant, or mefne Conveyance, or the Abftrad thereof; which Abflradt fhall con- 
 tain the Buttings and Boundings, or Defcriptions of the faid Lands fo regiftred or 
 entered ; and fhall likewife tranfmit an exa<5f. Copy of the fame Patent, Grant, or 
 rnefne Conveyance, or the Abftrad thereof, fo regiftred, to the Office of the Au- 
 ditor-General, or his Deputy, on or before the firfi Day of January, in the Year 
 of our Lord One Thoufand Seven Hundred and Forty Nine, under the Penalty 
 of Five Pounds, Proclamation Money ; to be recovered, by Action of Debt, in 
 any of his Majefty's Courts of Record within this I*rovince, by any Perfon what- 
 
 ibevtr that will fuc for the fame. 
 
 11. AND 
 
276 LA W S of N O R T H -C A R O L I N A. 
 
 ^. D. i74«. 
 
 E^r'^wT^ 11. A N D he it further Enacted, by the Authority aforefaid^ That all Perfons 
 LanJs to 1j= re- feizcd Of pofTcfTed ot any Lands within that Part of the I'rovince granted by his 
 j;ttrjd ukewiie. jy[ajeily, the Seventeenth Day ot September, in the Eighteenth Year of" his Reign, 
 in the Year of our Lord One Thouiand Seven Hundred and Forty Four, unto 
 the Right Honourable John Earl Granvilh-, by the Name, Stile, and Title of 
 the Honourable John Lord Carteret, fhall, within Twelve Months after this Adt 
 Ihall be publifhed, in the Manner as is herein after mentioned, enter, or tender 
 to be entered, their Patent, Grant, or mcfne Conveyance, by which they claim 
 any fuch Lands, in the Office of the Right Honourable the Earl Granville, aC 
 Edenton, or at the County Court-houfc where the Land lieth, with fuch Perfon 
 as fhall be appointed by the faid Earl's Agent or Agents, who fliall enter the 
 fame, or an Abftrat^t thereof, for which no Fee or Reward fhall be paid •, which 
 Abftracl fliall contain the Buttings and Soundings, and Defcriptions of the faid 
 Lands. 
 
 •Paents t,.'t fn- m AND he it further Ena5ltcU hy the Authority afore faid. That all Patents, 
 
 tercd )h the Au- r r c r \ 1 • 1 i 1 t 1 t. • 
 
 ditor'3 or Earl's ^orrauts^ ot mcfnc Convcyances oi Lands, clamnied under the Lords rroprietors» 
 wBces, declared ^jji^.}-^ ^)^^\\ j^qj- 5^ entered, or tendered to be entered, as aforefaid, either in the 
 Auditor's Officcj or the OfBce of the Earl Granville^ iliall be deemed and taken 
 to be null and void^ and all the Lands thereby granted, to be vacant Lands, and 
 fliall and may be granted by «l-iis Majefty, his Heirs and Succeffors, or by the 
 tsnd9ofOrp!ian« Ezvl GranvHh, his Heirs or Afilgns, to any Perfon whatfoever •, excepting the 
 **• "''^P'^J- Lands of Orphans, or Minors, who lliail be allovv'ed Twelve Months, after they 
 arrive at Age, to enter the fame in the Auditor's Office, or the Office of the Earl 
 ' Granville; except alio all Perfons now abfent in Parts beyond the Seas, who fhall 
 
 be allowed Five Years for entering fuch Titles, in Cafe they continue fo long ab- 
 fent, but if they arrive fooner, then only Eight Months after their Arrival. 
 
 IV. AND for the better afieftalni'rig a Yearly Rent-Roll to his Majefty, and 
 tranfmit a^'Luii of Earl GranvHk, and for the fccuring the Quit-Rents for fuch Lands as lliall here- 
 »" ed'^"'^' h""' ^'^^^^ ^^ transferred from one Perfon to another, by mefne Conveyance, or Will ; 
 Auditor, &c. Be it further Enacted, by the Authority aforefaid. That the Public Regifter in each 
 Ycjr'y, en Pen, ^^^ evcry County within this Province, Ihall, on or before the firft Day of Fe- 
 bruary, Yearly, and every Year, tranfmit to the Office of his Majefly's Auditor- 
 General, or his Deputy, or to the Agents of the Lord Granville, if the Lands 
 lie in that Part of the Province granted to tlie faid Lord by his Majefty, a true 
 and exa(5t Lift of all the Lands fo conveyed within fuch County for which he is 
 Regifter, containing the Parties Names, the Number of Acres, Situation.of fuch 
 Lands, and the Date of fuch Conveyance, under the Penalty of Five Pounds, 
 Proclamation Money, for each Negleft •, to be recovered, by Adion of Debt, 
 Bill, Plaint, or Information, in any of his Majefty's Courts of Record within this 
 Province, wherein no Eftbign, Proteftion, Lijundtion, or Wager of Law, ftiall 
 be allowed or admitted of, by any Perfon who fliall fue for the fame •, for which 
 fuch Regifter fhall take and receive of iwt Party regiftring. Eight Pence^ Pro- 
 Sesretary to clamation Moncy, for each Deed or mefne Conveyance : And that the Secretary 
 cranfmit, YearJy, {q^ ^^ Time being. Or his Deputy, do, in like Manner, on or before the firft 
 Wilw! uaJcr'Ihe Day of February, Yearly, and every Year, tranfmit to the Office of his Majefty's 
 like Penalty. Auditor-Gcncral, or his Deputy, or to the 7\gents of the Lord Granville,^ if the 
 Lands lie in that Part of the Province granted to the faid Lord by his Majefty, a 
 true and exad Lift of all the L<ands bequeathed by Will, recorded in the Secre- 
 tary's Office, containing the Date of the Will, the Name or Names of the 
 Legatees, the Number of Acres, artd the Counties where fuch Lands lie, under 
 the like Penalty ; to be recovered as aforefaid ; for which the fiid Secretary, or 
 his Deputy, fhall take and receive, of the Parties lodging fuch Wills in the Se- 
 cretary's Oifice, Eight Fence, Proclamation Money, for each Will. 
 
 V. AND 
 
L A IV S of North-Carolina. 277. 
 
 ,i. O 17 s. 
 
 V. AND wh rcas n.;ver.il Pcrfons have been many Years in quiet PofTcnion of ""Xi'q,, t 
 Liiids in this Proving, and have; by Fire or othrrwiftr, iolt their Patents, Gr..nts, i' irriU. n Ac m-. 
 or mefne Conveyances oi their Lands •, Be it Ena^ied^ by the Authority ajorefaid. 
 That all Perfons who have, or thofc under whom they claim, have been in adual 
 
 gi)od Title 
 lu Lands. 
 
 and quiet PoiTeflion of any Tra6t or Tradls of Land, for the Space, of Twenty 
 Years, next before the Ratification of this A6t, and fhali make Proof thc-reoi be- 
 fore the Governor and Council j or General Court, or the Court of the County 
 where the Lmd lieth, and Ihall enter fuch Proof in tlie Auditor's Office, or Ornce 
 of th». Earl Grafzuille, in Cafe the Land Hiall lie within his Territory or Diftrid •, 
 that then, and from thtriceforth, fuch Perfons, their Heirs and Affigns, fnall 
 quietly hold and enjoy fuch IVadc or Tracts of Land, againil his Iviajeily, his 
 Heirs and Succefibrs, or againft the faid Earl Granville^ his Heirs and Afiigns, 
 he or they paying the highetl Quit- Rents that were actually ref;rved and made 
 payable to the late Lords Proprietors, in the refpective Counties where fuch 
 Lands lie. 
 
 VI! A N D he it further Ena^ed, by the Authority aforefaid^ That the Quit- Quit-renu wh»6 
 Rents hereaftL r to be paid for any Lands already granted, or that fhall herealtcr *' '"^ f^''* *'"'• 
 be granted, within this Province, or which have been ailually polkirtd by any 
 Perfon for the Space of Twenty Years laft paft, fhall be paid in Proclamation 
 Money, at the Court-houfe in the County where fuch Land lieth, or in In- 
 fpedors Notes for Tobacco, af One Penny," Proclamaitiort Money, per Pound, or 
 Indigo, at Four Shillings, i'roclamation Money, per Pound, good and mer- what relate* t« 
 chantable, and fuch as the Infpedtor fliall judge will be intituled to the Bounty iBd'g», repeal**, 
 given by Aft of Parliament, being well infpcdted, after the fame Manner as To- 
 bacco is to be infpcfted for Payment of Public Taxes, if delivered at fuch in- 
 fpe<5ling Houfes as are .appointed by Law, where Boats or Pettiauguas may con- 
 veniently go to receive the fame ; and provided, that the Tobacco to be delivered 
 St fuch Houfts, Ihall not weigh kfs than Nine Hundred Weight, Nctt Tobacco', 
 in each HogOitad, 
 
 VII. AND be it further Ena5ied, hy the Authority aforefaid^ That it fhall and whtre Commo*. 
 iTJ-y be lawful for the inhabitants of all and every County or Counties that have fpefted^"^ ''^"'* 
 not an Iiifpedling-houfe wichin their County or Counties, at a convenient Land- 
 ing, to fend their I'obacco" or Indico to the next convenient Infpe6ling-houfe in 
 
 any other County,- whtre any Boat or Pettiaugua may conveniently come, to 
 tranfport or take away f.ich Tobacco or Indico,. in Mariner as aforefaid ; and the 
 Infpc-dor of fuch Infpe6Hrig-houfe fhall receive and fnipcdl the flime, at the faid 
 Infpecting'houfc ; provided llich Tobacco fhall be delivered at the faid Infpeding- 
 houfe in Hogfneads,' containing nt>t under Nine Hundred Weight of Nett To- 
 bacco, each. 
 
 VIII. AND be it further Em^ed^ hj the Authority afcrefaid^ That the Record K^toriott^unu 
 of every Patent or Grant regiftred in the Secretary's Office, or the Abftrads of *^^' *"'"' '" 
 them, entered in the Auditor's Office, or the Office of the Earl Granville^ or 
 Exemplifications of them,' duly proved, fhall be a§ good and valid in Law, as if 
 
 the Originals were produced, and may be pleaded ind given in Evidence as well 
 as if the Originals were in Bcin^. 
 
 IX.- AND he it further Enacted, hy tk Authority aforefaid. That the Sccre- s.cr8fary„ r.na 
 tary fhall make out, and fend to the Clerk of the Court of every Courity in this ' ^"vy ^^f tMi 
 Province, a Copy of this Aft, within' Three Months next after the Ratification fafcl»Iir«['''"" 
 hereof, under the Penalty of Twenty Pounds, Proclamation Money •, and the 
 Clerk of every County Court fhall, the firft Court after the Receipt of fuch Co- 
 yy, pubhih the fame, by publickly reading thereof in open Court, the fecond 
 
 A 4 Day 
 
2/8 
 
 L A W S of North-Carolina. 
 
 D. 1748 
 
 Day of the Sitting of the fairi Court, under the Penalty of Twenty Pounds, 
 Proclamation Money; the faid Penalties to be recovered, by Aftion of Debt, 
 Bill, Plaint, or Information, in any Court of Recofd in this Province, by him 
 or them that will fue for the fame. 
 
 C H A P. V. 
 
 An A5iy to appoint an Agents to follicif the Affairs oj this Province ai 
 the fever al Boards in England. 
 
 fw«iiM«. I. TT 7" H E R E A S for Want of an Agent, appointed by Public Autho-' 
 
 Y Y ricy, to foUicit and truly reprtfent the Affairs of this Province a6 
 the fev^ral Boards in England., they have often been mifreprefcnted thi.rc, to the 
 great Prejudice of the Inhabitants of the faid Province; Vvhercfore, 
 
 #it Sal: 
 
 arf. 
 
 4geAt vpoint*"'. II. W E pray that it may be Enafted, And ht it Enacted^ by his Excellency 
 Gabriel Johnfton, Ej\; Governor^ by and with the Advice and Ccnfent of h:s Ma* 
 jejly's Council^ and General Ajfemtly of this Province 4 and it is hereby Enacted^ 
 hy the Authority of the fame^ That James Abercromby, of Lond'n, in the King- 
 dom of Greai-Briiain, £fq-, be, and is hereby appointed Agent of this Province, 
 from the Ratification of this Aft, for and during the^Term of Two Years, next 
 after the Twenty Fifth Day of Mi^rch enfuing, to follicit, rcprefrnt, and tranfacSfe 
 all fuch Public Affairs and Bufincfs, now relating to the faid Jr'rovince, or that 
 (hall or may be moved concerning the fame, at any of the Boards in England^ 
 during the faid Term or Time, according as he Ihali, from Time to Time, find 
 Occafion, or be directed and inftrucfced, by the Committee of Corrcfpondencc 
 tierein after appointed. 
 
 III. AND that the Lid Jarnes Abercromhy^ Efq; in Confideratlon of his Trou-* 
 ble. Charges, and Expences, in tranfadling the Public Bufinefs of this Province^ 
 as Agent, to this Time, and until the Tv/cnty Fifth Day of March^ ni:xt enfuing,; 
 be, and is hereby allowed, the Sum of One Hundred Pountls, Sterling, to be 
 paid immediately after the Ratification of this Ad, to the faid Committee, for the 
 Ufe of the faid James Abercromby, Efq; out of the Public Tfeafury, by a War- 
 rant from his Excellency the Governor ; which faid Sum ftiall, by the faid Com- 
 mittee, be remitted to the faid Jawes Abercrombyi by the firft Opportunity ; and 
 alfo, the further Sum of Fifty i^ounds. Sterlings Yearly, for the faid Two Years 
 next after the faid Twenty Fifth Day of March, after the Ratification of this A6t ; 
 which faid Sum of Fifty Pounds, Ihall be Yearly paid, out of the Public Trea- 
 fury, to the faid Committee, for the Ufe of the faid James Abercromby^ by War- 
 rant from his Excellency the Governor, and be remitted, by the faid Committee, 
 Vq the faid James Abercrcmby. 
 
 IV. AND be it further EnaEfed, Th^t^hcViononrMt Robeft Balton, and 
 Eleazer Allen, Efqrs. and Samuel Stvann^ John Swann, and John Starkey, Efqrs. 
 and the Majority of them, or the Majority of the Survivors of them, be, and ■ 
 they are hereby nominated and appointed a Committee of Correfpondence, from 
 the Ratification of this A£t, and during the Continuance of the faid Ag: ncy -, and 
 Ihall, from Time to Time, during the faid Two Years, correfpond with the faid 
 James Abercromby, Efq; and advik, dired, and inftrud him in all fuch Matters 
 relating to this Province, as may be moved or follicited, or that they may think 
 proper, at any Time, to move or follicit before his Majefty in Council, or at any 
 ©f the Boards in England : And the laid Corairaittee fhail^ from TuxiC to Timc^ 
 
 •oramlttee of 
 C.rrcfpondenc* 
 
 af» 
 
L A IV S of N O R T H- C A R O L I N A. 079 
 
 as oit;;n as r:;qLiircJ, liy b.'fare die Governor, Council, and Gener il Aiilmbly, ''•/'' '"^^ 
 the Advices they fliiill r'cceive trom the faid Agcnr, during the fditi Iwo Years-, "^ 
 and alio Copies of luch Difpatchesi Orders, ana Dirctlionsj as they fhall fend 
 to him. 
 
 v. AND be it Ena£lcd^ by tbs Authority aforefaid^ Thar this Aft (hall be ronHn«ance of 
 in Force, for and during tiie Space and ferm of Two Years, ntxt aitcr the '^■--'^^• 
 Twenty Filth Day of March next, and no longer. 
 
 CHAP. VL 
 
 yin Acf, for the better regulating the Town of Newbern, for fencing the 
 fame^ arid fecuring. the Titles oj the federal Perfons who hold Lots in 
 the faid Town. 
 
 l.T^EitEKa^ed, hy his Excdiency Gabriel JohnHon, Efq; Gcvernor^ by ^^^ c mm («"„«»» 
 
 J3 with, the Advice and Corfmi of his Majeftys Council^ and General AJfem- .b^ch^ka. 
 bly of this Province, and it is hereby Enacted, by the Authority of the fame., That 
 it fhall and may be lawful for fuch i^'erfons, who arc qualiS.:d by Law, to vote for 
 a Member to f.rve in General Affembly tor the faid 'i'uv/n of Ncvjl/crn,. Yearly, 
 and every Year, after the Ratification of this Ad:, to aflemble and meet, at the 
 .Court-houfe in Nc'JDbern, on the firft 'Tuefday in Noverdber, and then and there 
 choofe, by Ballot, -in the Tame Manner as dir^ded in the Law for nguLting E- 
 leclions for Members of Aflembly, Five Freeholders, Inhabit. nts of the faid 
 Town, and no more,, as Commiffioners for the laid Town; and that upon the 
 faid CommifHoners being chofen, and their Names being properly entered in the 
 Journd of the Proceedings of the laid I'own, tlu-y Ihail, beiore they enter on 
 the faid Office, take the following Oath ; 
 
 I A. B. do fiiocar, That I will execute the Office of a Comm'ffwner, faithfully and Their Oatli. 
 truly., •wi'thciit Favour^ AffeSiion, or Prejudice j and in all Things a£i- fcr the 
 Good of the Tcwiii and tbs well gaverning of it^ f/f the bcfi of my Skdl and 
 judgment. i)0 help n^e God. 
 
 And the faid CammiiTioners, after having been fo chofen and fworn as afortfaid, Treafurrr to Eo 
 ibali proceed to elcd one out of tiieir Number to be'Treafurcr for the faid Town, 'fp"'"'"*' 
 .and enter fuch Eledion in the Journal of the faid Town •, into which I'reafurer's 
 Hands all Monies arifing by Sale of Lots, or otherwife by Fine, fhall be paid 
 and kept, till difpof:d of as hereafter dirtded; who is alio hereby required to 
 account with the Proprietor of the f-id Town, tor fuch Moni s as anf: by S.ile of 
 Lots, and alfo with the fucceeding Treafurtr and CommiQlontrs, for all othei' 
 Monies by him received, during his being Treafurcr aforefaid. 
 
 .^ II. AND be it further EnaHed, by the Authority aforefaid. That tlie Commif- •'<-r'"<^n« «» «'«"' 
 '|$,oners for the Time being, or the Majority of them, may, and they are hereby '^IZ^l^u "" 
 i'mpowcred, to order the Owner of any Lot 01 Lots to clear all or any Part of 
 them, and to make proper Drains or Water-Courfes tliro* theni, in i^ix Months 
 after fuch Order, figned by the Commiflioners for the Time being, or the Ma- 
 jority of them ; and any Perfon refufing to comply with the fame, of negkdling, 
 Ihall forf it and pay Twenty Shillings, Proclamation Money: The Commifiion- i^''* T:ti)»M« 
 crs arc h< rcby alfo impowtred to ifiue their Warrant, at leaft Twice a Year, to sLm^rcen! 
 |he Conftable, to warn all the Male Tithables to clear or repair the Streets, or "'" ^ ■'• 8 d. for 
 make or mend any Public Wharfs or Docks, and alfo appoint Overfcers j any Per- ""^,7'*'''^! 
 
 fun 
 
zSo LA IV S of North-Carolina. 
 
 -4. D. 1743. f()n neglecting or rctufing to work as dir>.cled in the Warrant, or to turniih a 
 
 ">r- 
 
 fuificient Haiid in his or her i'lace, fliall torkit and pay Two Shillings and Eight 
 Pence, rroclamation Money, per Day, for every fuch Refufol or Negitd. 
 
 III. AND whereas the inclofing and fencing the Town of Newbern, will be 
 /i:'c;ng inVh."' not only commodious to the Inhabitants, but convenient for Travellers, as well 
 Town. ys all other Perfons who have Bufuiefs in the faid Town •, Be it Enacted^ by the 
 
 Authority, aforejaid^ That the Commiffioacrs for the Time beings or the Majority 
 of them, are hereby impowercd to employ and hire Workmen to make up a 
 good and fufficient Fence round the faid '1 own, with fuch Gates as they fliall 
 think proper^ and compute the Charge of the making or repairing the fame, and 
 lay the f »mei on the 1 liird Tuefday in March^ Yearly, before the County Courts 
 whicn is hereby impowered to lay a Tax or Levy on each Tythable i'crfon in the 
 County o\ Craien., and on each i-'erfon of a faved Lot in the Town of Newbern, 
 and taxable r'erfons inhabiting the dime, for defraying the faid Charge, not ex- 
 ceeding Fouf Fence, Froclanution Money, Yearly, to be collected by the She- 
 riff, in the fame Manner, and under the fame Penalties, as other County Taxes 
 are ufualiy collected •, and the Town fo fenced is hereby declared to be a Public 
 Pafturc, for the Horfes of all Travellers, during their Stay in Town, but fto Ion- 
 ■ ger, nor for any other Creature, except Llorfes. 
 
 ^entity en Per- IV. AND be it further Ena^edy by the Auibdrity hfcrefaidi That dhy Per- 
 £.n3 rfeftronng ^Qp wHatfoever who ihall pull down, take away, or by any Means deftroy any of 
 the Fence. ^^^ ^zWs of the faid Fence, or any Fart thereof, and being thereof lawfully con- 
 
 vidled by the Oath of any credible Witnefs, before one or more Juflices of the 
 Peace, fliall forfeit and pay, into the Hands of the Commiliicnersj for the firft 
 Offence, Twenty Shillings, Proclamation, and for the fecond. Forty Shillings, 
 like Money ; to be recovered by the Commiffioners, by Warrant from Two 
 Juftices of the Peace -, which Monies fo recovered, (hall be applied towards re- 
 pairing the faid Fence. 
 
 pensity en Per- V. A N D bc it further Enacted, by the Authority aforefaid. That none of 
 fons keeping thc Inhabitants of the faid Town, fhall keep, or caufe to be kept, running at 
 Town t'i:3ii au large \vithin the Bounds of the faid Tov;n, more than 'one Cow anU Calf, or one 
 lowed by Liw. j-jorfe, or Six Head of Sheep, for one faved Lot, and fo in Proportion for each 
 iiived Lot by them polTeffed, under the Penalty of Twenty Shillings, Proclama- 
 tion Money, for each and every Offence •, to be recovered as in this A61 is here- 
 after directed. 
 
 iio s not to run ^"1. A N t> be tt further Enaeted, hy the Authcriiy afcrefaidy That none of the 
 at 1 rpe, on Pen. InhabitaRts of the faid Town, (hall fuffer any Kog or Hogs to run at large 
 
 within the Bounds of thc faid Town, under the Fo;'feiture of fuch Hog or Hogs, 
 
 to any Perfon who fhall feize of kill the fame. 
 
 •f Forfeiture. 
 
 ., ^ , . Vtl. A N D he' it further EnatSfed. by the Authority aforefaid. That no Peffoft 
 
 Font hut Inh*- ■' itii- r \ r ■ \ !^ \ n w -y 
 
 ),it»nt? t., keep Qr Perfotts whatfoever, (except the Inhabitants or the laid Town) mail keep, or 
 Tnwn^'on Pen. caufe to bc kept, any Horfes, Cattle, or Sheep, within the faid Town, under 
 •f »«'». * the Penalty of Twenty Shillings, Proclamation Mbney^ fof each and every Of- 
 fence ; to be recovered and applied as hereaitef directed, except their riding 
 Horfes, during their Stay in Town : And the CommilTioners, Cf the Majority of 
 them, for the Time being, are hereby authorized to caufe a Pound to be built 
 and ereded, to impound any Horfe or Horfes, Cattle or Sheep, found at large 
 within the Bounds of the faid Town, contrary to the Meaning of this A6c. 
 
 femkie, how to VIII. A N B be it further Enacted, by the Authority aforefaid. That the 
 hi f««ofere4. j(^veral Penalties in this Adt mentioned, except for deftroying the Fence aforefaid, 
 
 fhall.. 
 
L yl V/ S ^ N O R T H - C A R O L I N A. 281 
 
 D. 374f 
 
 -■ V — - 
 
 fl>u!l, by the Commifiioners, or the Majority ot them, he recovered by a War- 
 rant froin Two Jufti'-cs ot the Peace, and be applied towards the making Public 
 Wharfs, erccling a I'ound, or repairing the Streets, and to no ether Purpofe. 
 
 IX. A N D where.-' s the Settlement of the Town of Newbern^ hath been much 
 retarded by Perfons taking up Lots in the faid Tov/h, and not building thereon, 
 as by the Tenor of their Deeds or Grants, and the Law, intituled, An Ad, for 
 the better fettling the Town of Newbern^ is exprefly provided : 
 
 X. A N D whefear., aftei" the Time therein limited thereon, the fame Perfons 
 kave been permitted to twx.zr and take up the fame again, whereby fome of the 
 moil convenient Lots in the ftid Town lie _^inim proved : For Prevention where- 
 of for the future •, 
 
 XI. B E it Enact^dy by the Aulhority aforefaid^ That the Commifiioners of the Ajiy three eom- 
 faid Town for the Time being, or any Three of them, whereof the I'reafurer Trfaiur"' tl^^L 
 to be one, arc hereby authorifed, impowered, and direfted, to grant, convey, nnr, may c<«nvvy 
 and acknowledge, to any Perfon requiring the fame, any Lot or Lots of Land ^"" 
 ivithin the faid Town, not already taken up and built on, agreeable to the faid 
 
 Act, or any Lot or Lots that may hereafter be liable to be taken up for Want 
 of being built on as aforefiid, for the iame Ccnfidcration, and under the fame Re- 
 flriflions. Limitations, and Forfeitures, as Lots have heretofore been granted, 
 agreeable to the faid Act of ^.Ifembly lor the better fettling the Town of New- 
 ier/1, before menticned, 
 
 XII. PRO FID E D mvcrthelejs. That where any Perfon fhall have taken up perf„ns not iMu 
 any Lot or Lots, and hath not built therton and improved the fame, agreeable pfo^'^g •'i'^''" . 
 to the Tenor of his or h.tr Deed or Grant, and the aforefaid Aft of Alfembly, La" "orto"take 
 the fame Perfon (except where the Title of fuch Lot or Lots, before the F-xpira- *'""' "p^*^" ^^^J. 
 tion of the Time for building thereon, fhall fall to a Minor or Minors) fhall not 6 Months. 
 have the' Preference to be allowed to take up the fame again^ until the fame hath 
 
 layed vacant Six Months •, but the fame may and fhall, immediately, or any 
 Time after, be granted to any other Perfon defiring the fame, on the fame Con- 
 diticns mentioned by the faid Lav/ ; and the Commifiioners for the Time being, 
 arc hereby required to keep a fair Book wherein they fhall enter the Time when 
 any Lot was granted, and to what Perfon, and alfo of the Time when the fame 
 becanTe lapfable \ which Book any Perfon fhaii have free Liberty of perufing, as' 
 ihey fee proper, at all Times. 
 
 XIII. AND whereas fundry Difputes liiay hereafter arife, concerning the ''^'*'" ** ^^• 
 Titles to the Lots in Neivbcrn^ and the Bounds thereof; Be it Ena^ed^ by the "" ""* *„ 
 Authority afo"e[aidy That the Commiifioners or Jufticcs formerly appointed, by 
 
 Adc of General Affembly of this Province, intituled. An Act, for the better Set- 
 tling of the Town of Newbern, in the PrecinB of Craven, and tlieir SuccefTors, arc 
 hereby declared to have had a good, abfolute, and indefeafible Eflate, in Fee, 
 in the Two Kursdred and Fifty Acres of Land, by the faid At\. of AfTernbly al- 
 lotted and laid out for tha Town of Newbern^ refpedively, in Truft and Confi- 
 dence, to and for the Ufes in the faid A£t meiitioned ; and the CommilTioners or 
 Juflices for this Act, hereafter to be chofen and elected, as before mentioned, are 
 herj;by declared to have, for the Time being, a good, abfolute, and indefeafible 
 Eflate, in Fee, in all fuch Lands or Lots within the Limits of the faid Town, 
 which have not been difpofed of by the former Commifiioners or Juflices, and 
 built on, agreeable to the before recited Ad: for fettling the faid Town, but in 
 Tra.ifl and Confidence, to and for the Ufes in the before recited Ad mentioned, 
 and lor no otht r Ufc or Purpofe whatfoever i and the faid Land or Lots contained 
 3ft the faid Two Hundred and Fifty Acres of Land, are hereby confirmed to the 
 
 B 4 faidf 
 
282 LAWS of North-Carolina. 
 
 ji. D. 174S. faid Commiffioners or Juftices, for the Time being, in Fee, to the Ufe or Ufes 
 y ^.. — ' -j^ ^]^g jf^^^ .\^ mentioned, and to no other Ufe or l^urpofe whatfoevcr. 
 
 Tales to Lots XIV. PROVIDED always, and be it further EnaSied, That nothing in 
 fti'r'A'ft " w 'be the afore-recited Aft, or in this Ad, fiiall be conftrued or extend to the defeat- 
 gooi. ' ing the Title to any Lot in the fiiid Town which hi\d been built upon and im- 
 
 proved before the firft recited Adl; any Thing in the fame to the contrary, 
 jQOtwithftanding. 
 
 Titles tf> Lots"' XV. AND hs it further Enacted^ by the Authcrity aforefaid^ That all and 
 purchiftd of the ^ygj-y Perfon or Perfons, who have purchafed and paid for any Lot or Lots of 
 «!, "anTfav^ed", Land in the faid Town of Newhrfu of any of the Commiffioners or Juftices» 
 ■^cchred i^ci, ■yj.fu;int to the above-mentioned AcST of Afiembly, and have fully complied with. 
 the Conditions in the faid Act mentioned -, and all Ferfons which hereafter may 
 purcliafe and pay tor any Lot or Lots of Land in the fiid Town, of any of the 
 CommiiTioners hereafter to be elected and chofen, agreeable to this Ad, and (hall 
 iuTly comply with the Conditions in their Deed or Grant, and the above reci- 
 ted Ad ot Aflembly •, are hereby declared to be inveftcd with a good, abfolute, 
 and indefeafible Eifate, in Fee, to fuch Lot or Lots, and the fame .are hereby 
 confirmed, in Fee, to fucii Perfon or Perfons, and to his and their Heirs and 
 Affigns, for ever, 
 
 Ti-ip.i T.."t-, msv XVL AND be it further Enaifed^ by the Authority cforefaid. That all 
 \la roved "'''"'^ Water or Front Lots, adjoining the Streets or Lots of the faid Town of New- 
 ""^'"""^ ' hern fliall be deemed, held, and taken to be Part of the faid Town •, and it (hall 
 
 atid may be lawful for any Perfon to take up the fame, and build thereon, any 
 Wharf Wharehoufe, or other Improvements, as they fliall think proper, after 
 eivin'>- Three Months Notice to the Owner or Ov/ners of fuch Lots as (hall fronC 
 fuch Vi' ater Lots. 
 
 Clerk to b=jp- XVII. AND be it Enacted, by the Authority aforefaid, Jhaz it fhall and may 
 
 pointed, wiio ^^ lawful for the Commiflioners aforefaid, to choofe, employ, and agree Avith a pro- 
 
 >-,!lntr=nd re- per PcrfoH, as Clerk of the faid Town •, which Clerk is hereby required to keep 
 
 pifter ^h-frein all ^ f^^jj- gj^d rcgular Joumal of all the Proceedings concerning the faid Town, and 
 
 ToXV^eVor" the reoifter therein all Deeds given by the Commiflioners lor Lots, entered and 
 
 llli!^- '* "'• taken up, for which he fliall receive, from the Owner or Taker-up of the faid 
 
 Lot, Two Shillings and Eight Pence, Pioclamation Money, and no more ; 
 
 which faid Book or Journal fliall be free for any Perfons Perufal, on paying 
 
 One Shilling, Proclamation Money, under the Penalty of Twenty Shillings, like 
 
 Money ; to be recovered from the faid Clerk, in Manner aforefaid, for every 
 
 ilich Refufal or Negled, to be recovered as aforefaid. 
 
 NewPJantob- XVIII. A N D be it further EiwMed, by the Authority aforefaid. That the 
 made, and hid Qommiflioners of NezvberK, fhall caufe to be made a new and correct Plan of the 
 t'er^^'f^'^S Af- faid Town, with proper Defcriptions, and Ixy the fame before the Governor, 
 f.rabiy. Council, and General Aflembly, at their next Skting ; which Plan, v/hen ap- 
 
 proved of by them, fliaii be deemed and taken to be the true Plan of the faid 
 Town, and no other Plan to be admitted : Provided, That in the fame Plan fo 
 to be made, Regard fhall be had to the firft Owner of every faved Lot, to pre- 
 ferve his Title thereto, aitliio' it fliould appear that the fame was mifnumbtred. 
 
 , • XIX. A N Dbe it further Enacted, by the Authority aforefaid. That all and 
 5t^d°'fn*V' every Perfon or Perfons, who have or hold Lots already faved in the faid Town, 
 Mnnth^^ iifter^^ ^^1 ^|^^^^ j^^^jj hereafter lave any Lot or Lots in the faid Town, fuch Perfon ftr 
 S.'^'of "tbl ■' Perfons (hall, within S;x Months after the Pvatification of this A6t, rcgiiler all 
 
 Cunvsyjr^cc. ft.ich 
 

 L A V/ S of North-Carolina. 2-83 
 
 fuch Lot or Lots already faveJ, with the Regift r of the 0id County, or within \^'^]^^ 
 Six Months alter the Date of luch Deed or Conveyance; 
 
 XX. AND he it EnscleJ, by the Authority afcrefaid. That the Claufe in the R^P"i^°sGi».fe. 
 before re-cited AiS, anu fo much thereof as relates to the appointing Com million- 
 cts or Juftices for the Town of Newbern^ be, and is hereby repealed, to all In- 
 tents and Purpofes. 
 
 CHAP. VII. 
 
 :An Act, to alter and amend an A6l^ intituled^ An Ad, for appointixng 
 Commiffioners to rcvife and print the Laws of this Province; and 
 for granting unto his Majefty, for defraying the Charge thereof, a 
 Duty on Wine, Rum, and diftilled Liquors, and Rice imported into 
 this Province. 
 
 H E R E A S the reviung and printing the Laws of this Province, pieaaw*, 
 tho' fo v( ry much 'v/anted and defn-ed, hath hitherto met with unex- 
 pcfted Delay : For Remedy whereof, 
 
 ■. II. W E pfay your mofl: Sacred Majefly that it may be Enac'bed, And be it En- AiioTvance to tu 
 dcted., by, bis Lxcdkncy Gabriel Johnlfon, Efqy Gcverncr^ by and with the Advice ^J^""%'^"\ 
 and Confent of his Majcfifs Coiincily and General Ajfcmhly of this Pnovince, and Lawt. 
 it is hereby Enacted^ by the Authority of famey That fuch CommiflTjoner or Com- 
 niifiionfTS only in the above rtcited Act mentioned, wiio-lhali rcvife and com- 
 pile the Lavs's of this Province into one Body, and make an Index, Marginal 
 Notes, and References thereto^ ready to be laid before the General Aflembiy, by 
 them to be rutilied and confirmed, ihaii have and receive, to his and their own 
 Lfe, the Sum of Sixty Pounds^ Proclamation Money, in the faid above recited 
 Law irientionedft. and in Order to enable the faid Commifiioncr or Commiffioners 
 to procure sn able Clerk or Clerks to expedite the fame, he or they fhall have 
 and receive the additional Sum of Forty Pounds, Proclamation Money •, to be 
 paid by the General Aflembly, out of t.he Duty already arifcn by Virtue of the 
 Lid A<5t ; and in Cafe any IJeficiency fhall happen, then the faid CommiiTioner 
 or Commifiioners fhall be paid the fame out of the Public Treafury : Provided 
 the faid Laws fnall be revifed, compiled, and com pleated,, ready to be laid before 
 thp General Aflembly of this Province, within the Space of Five Months, next 
 after the Ratification of tliis Act, or at the firfl Meeting of the General Afiembly 
 sifter that Term, and not otherwife. 
 
 III. A N D be it further Enal^ed^ by the Authority aforefaid^ That fuch Com- Cofnm;ffione*» ta 
 mifTioner or CommifTioners, who fliall revife and compile the laid Laws as afore- T-ILg"" /r'*5 
 fiid, after the Ratification of the fame, fhall print them, together with fuch other Y^ars, .nd lool. 
 Laws as fhall be pafTed. to the Time of fuch Ratification, and fhall have the ^^^ ?""""«' 
 Benefit and Advantage of the Ible printing and vending the faid Books, for the 
 Space of Five Years •, and alfo, have and receive, to his or their own Ufe, for 
 printing and delivering the feveral Books of the faid Laws, mentioned in the 
 ibove recited Act, fo revifed and compiled, the Sum of One Hundred Pounds, 
 Proclamation Money ; and may lawfully take and receivfe the Sum of Twenty 
 Shillings, Proclamation Money, for eacfh bound Book by him or them printed 
 and fold, and no more. 
 
 IV. AIJJ} 
 
284 "^^^ ~1, A W S of North-Carolina. 
 
 ji. D, 1748. 
 
 -V-- 
 
 iV. AN D be it further Ena£ted\, That the faid Laws fo revifed, compiled, 
 be'"g;veQYrrEvU snd printed, by one or more of the CommifTioners aforcfaid, and ratified by the 
 dsnte. General AlTembly, as aforcfaid, fliall be allowed to be given in Evidence, and, 
 
 to all Intents and Furpofes, be as good and valid in Law, as tho' they had been 
 revifed, compiled, and printed, by all the Comminionersi or the Majority of 
 them : And all Perfons are hereby prohibited to import or vend any printed Book 
 fonToff-idng ^ny or Books of thc faid Laws in this Province, other than fuch Perfon or Perfons as 
 tor Sale, without f^all bc authorized and impowered by the Comniiflioner or CommifTioners who 
 '^'^' adlually revifed, compiled, and printed the fame, under the fame Penalties, and 
 
 to be recovered in the fame Manner, as is prefcribed in the A61 firft above re- 
 cited, in Cafe the whole Number of Commifiibners, or the Majority of them, 
 had revifed, compiled, and printed thc faid Laws j any Lawj or Claufe of * 
 Law, to the contrary, notwithftanding. 
 
 SIGNED b/ 
 
 Gabriel Johnston, Efq; Governor^ 
 
 • Nathaniel Rice^ Prefidenu 
 
 Samubi. Swa«w, Speaker* 
 
 ■jp- -Jn 'srf 19: 
 
 W 
 
 
 I9#9 
 
 Anno 
 
wyr 
 
 LA IV S of N O R T K - C A R_0 t I N A. 
 
 285 
 
 A. D. 1749. 
 
 Rist 
 
 
 ^ 
 
 Anno Regni 
 
 G E 
 
 II, 
 
 Regis, Magnce Britannii^, Francis, 6c 
 Hibern'r^, Viceffimo Secundi. 
 
 At a General ASSEMBLY, held at Nc^berfiy the o * • « » « t 
 Fourteenth Day of April, in the Year of our Lord One E^roownw.* 
 Thoufand Seven Hundred and Forty Nine. 
 
 CHAP. 1; 
 
 ]dn additional A5i to an ASi, intituled^ An kOt', for forming a Rent- 
 ^oll of all the Lands holden in this Province, for quieting the In- 
 habitants in their Poffeffions, and for directing the Payment of Quit- 
 Rents. 
 
 ^* \Kf ^ E ^ E A S, by an Aft' of the General AfTembly oF this Province, paf- p.emMc, 
 
 Vy fed the Sixteenth Day of OSiobery in the Year of our Lord One Thou- 
 fand Seven Hundred and Forty Eight, intituled. An ASti for forming a Rent- 
 R.0II of all the Lands boldcn in this Province^ for quieting the Inhabitants in their 
 Poffeffionsy and for diretfing the Payment of ^itt-Rents ; it is, among other 
 Things, Enaded, that the Quit-Rents hereafter to be paid for any Lands already 
 granted within (his Province, or which have been adually poffeffed by any Per- 
 fon for tJie Space of Twenty Years laft paff, fliall be paid in Proclamation Mo- 
 ney, at the Court-ho6fe in the County where fuch Land lieth, or in Infpeftors 
 Notes for Tobacco, at Ofie Penny Proclamation Money_, />«■;• Pound, or Jndico, at 
 Four Shillings, Proclamation Money, per Pound, good and merchantable, and 
 ^ch as the Jnfpeftor (hail judge will be intituled to the Bounty given by Aft of 
 Parliament, being well infpefted, after the fame Mafiner as 1 obacco is to be in- 
 fpected for Payment of Public Taxes, if delivered at fuch Infpectinghoufes as 
 are appointed by Law, where Boats or Pettiaguas may conveniently go to receive 
 the fame ; and provided, that the Tobacco to be delivered at fuch Houfes, fhall 
 not weigh lefs than Nine Hundred Weight, Nctt Tobacco, in each Hogfhead i 
 And whereas large Arrears of Quit-Rents are now become due to his Majcfty^ 
 
 C 4 and 
 
286 Laws of North-Carolina. 
 
 '■i- o. 1749, gjij(^ ^-Q tj-12 Right Honourable die Earl of Granvilley and no Provifion being made 
 
 -*v — 
 
 in the betore recited Act, as a Fee to the Sherits of each County for executing a 
 Warrant gf Diftrcfs on t;he Detaultcrs 
 
 shrrifs Fees for II. B E it therefore Enacted^ by his Excellency Gabriel Johnllon, Efq% Gover- 
 D ftrefs tor Quit- ^^y.^ jy.j ^„j ,^^^/_, ^^^ jlihice c.nd CcvjeiU of his Majcflfs Council, and General Af- 
 fembly of .this Province^ That from and after the paiiing of this Act, every She- 
 riff" of any County in this i-'rovince, or other i'erfon who Ihall be appointed 
 Deputy-Receiver of his Majtily's Quit-Rents, or Collector and Receiver of the 
 Quit-Rents due to Earl Granpfllej fhall have and receive the fame Fees for exe- 
 cuting a Warrant of Diftrefs, as are appointed by Law in Cafes of Executions at 
 the Common Law; and Ihall be fubject to the fame Penalties for any Exaction, 
 or receiving more tl\an fuch Allowances as are in that Cafe made and provided. 
 
 Auditor to tranf- III, ^AND in Otx^er to prevenrMy Miilakes that may arife, by the Receiver-^ 
 ^.'^' r"''^ ^1. General, or the Earl GV^a^-rji/Zt^'s Collector or Receiver, their not knowing what 
 
 Months, 10 til- ' r -i f t\ ^ 1 
 
 Rec«ivcr-G-nc. Lands arc transferreo irom one rerlon to another within this Province, either by 
 c!.nvfr3''ces&"^ WilU mefne Conveyance, or other Transfer ; Be it Enacted^ by the Authority 
 on Kn. as. 6(1. aforefdid. That the Deputy- Auditor for the Time being, Ihall, every Six Months, 
 forev;r>N«;g!cct. j,.^j^^,^j^ j.^ the Receiver-General for the Time being, the fame Extrafts of all 
 fuch Legacies, mtlhe Conveyances^ or other Transfers of Land from one Perfoa 
 to. another, as he fhallj from Time to Time, receive from tli^ Secretary of this 
 Province, or from the Rcgifttrs of each County refpcdivfly, under the Penalty 
 of Two Shillings and Six Pence Proclanwtion Money, for each Extrad he fhall 
 neglc(5l fo to tranfmit ; to be recovered as other Penalties are direfted to be reco- 
 vered by the afore recited A6t ; the faid Extrafts to contain the Names of all the 
 Parties, the Number of Acres of Land, where fcituated, and ap.what Quit-Rents 
 the faid Lands are held* 
 
 
 r«.f.a>t«whniii ^^' -^^"^J^ be it further E7tacted, That after the Regifter or Secretary fhallj 
 
 r-:.ndsare<ievif.d as bcforc mentioned, tranfmit fuch Lift, as aforefaid, the Perfon to whom fuch, 
 
 fhro^uKius.''^ mefne Conveyance is made, or to whom any fuch Lands fhall bcdevifed by Will* 
 
 fhall (all Arrears of Quit-Rents being firft paid) only be chargeable with the 
 
 Quit-Rents of fuch Land, and no other Perfon whatfoever: Any Law, Ufage^ 
 
 or Cuftom, to the Gontrary, notwithftanding. 
 
 ttefj. 
 
 uepuiiition rf V. AND in order to prevent any Complaint*; that may arife by Miftake on 
 WirranwofD.f- Warrants of Dillrefs to be ilfucd againft Detaultcrs, of the exadl Sum which Ihall 
 be due, and which, from the great Number of Defaulters, and the Length of 
 Time they have been in Arrear, may probably happen •, Be it En-aSled^ by the 
 Authority aforefaid. That where any Warrant of Diilrefs fiiall be iiTued by the 
 Receiver-General, or the Earl Ci'anville's Receiver, to be levied on any Defaulter, 
 and the fud Defaulter fhall think himfclf overcharged, oi that the Sum mention- 
 fed in the fiid Warrant is not due to the Crown, or to the Earl of Granville ; in 
 fuch Cafe the faid Defaulter fliall, and is hereby required, to produce his laft 
 Receipt for the Quit-Rents of fuch Lands as the Warrant Ihall be ifTued for, and 
 Ihall be accountable only from the Date of. fuch laft Receipt ^ but if fuch laft 
 Receipt fhall be loft or miflaid, and the Defaulter fhall apprehend he is over- 
 charged in the faid Warrant, that then fuch Defaulter fhall make Oath, before 
 any Magiftrate, That fuch laft Receipt is, bona fide, loft or miflaid, or otherwifc 
 not in his Power to produce, and he verily believes in his Confcience he is not in- 
 debted to the Crown, or the Earl Granville^ in the Sum mentioned in the War- 
 rant : In which Cafej the Sheriff of the County or other Deputy to whom the 
 Warrant (hall be direded, Ihall ftop all Proceedings for that Time, and make 
 Report thereof to the Receiver-General, or the Earl Granville's, Receiver, in or- 
 der to redify the faid Miftakc ; if any otherwifc, the faid Defaulter Ihall be ac- 
 countable 
 
L A tV S of North-Carolina. 2S7 
 
 tountabie for the whole Sum mentioned in the faid VVarranc ; ind the Shqnif or '^ ^' '^■'^' , 
 Tothcr Deputy Ihall levy the fame accordingly. *" v ' 
 
 VI. P RO FID £ Di That no Didrrefs be made upon any Negro or Negroes, j^^ ^.^^^^^ ^^^^ 
 Ox, or Oxen, Horfe, or Horks of the Plough, nor any neceliary Utcnfiis ior made on' Ne-* 
 Huftandry, where other fufficitnt Diftrefs is produced 5 and that all Diilrtires s^"*** *=• 
 made in Vimie of this Act, fliall be fafcly kept by the SheriiF or other rerfon 
 making the fame, until the Second Day of the next fubfequent Court of the 
 County where fiich Dillrefo (hall be made^ and fiiail then be fold for Gold, Silver, 
 3ills, or Irtfpedors Notes foi: Tobacco, and Indico, by the faid Sheriff, or other 
 "Perfon making flich Diftrefs, ^ aforcfaid, (except redeemed before that lime by 
 the Perfon from whom talcen) at Public Vendue, to the highcft Bidder ; the 
 Surplus of fuch Diftrefs, if any, after the Quit-Rent and Officers Fees deducted, 
 ihall be returned to the Perfoa from v/hom fuch Diitrcfs ihall be taken. 
 
 m:^ 
 
 *\ 
 
 ' VII. AND v/hereasi in the befoi'e recited Act no Allowance is made to any Allowance for 
 Perfon or Perfons for the Hcgfhead in which any Tobacco may be paid for ^"9^"" ^*''** 
 Quit-Rent?, agreeable to the faid Act -, Be ii Ena£led, by the Authority ajorefaid^ 
 That all and every Perfon and Perfons, who ifiall pay Tobacco in Hogiheads 
 agreeable to the faid Act, fliall be allowed Three Shillings Proclamation Money, 
 for each Hoglhead, in which Ihall be contained ^Im. HundJC^ti,,i:!epnds of Nett 
 Tobacco. Vtiiidl% 
 
 C H A P. IL 
 
 An ASii for the Relief of poor Debtors, as to the I?npn]omnent'\ 
 
 their Perfons. 
 
 I. "p ^ ^ ^^ Enalied, by his Excellency the Gcnernor, Council^ and General Jf- Pr^f^rers ft.r 
 JP> fembly of this Province^ That if any Handicraft Tradefman, or any other °tmferve7'"o 
 Perfon whatfoever, fhall be in Prifon within this Province, on mefne Procefles, wonh' 4os."°t<i 
 or Execution, for any Debt above Fort/ Shillings Proclamation Money, and "^^ ''^ " ''-'''"ty' 
 hath no vifibie Eftate,- Real or Perfonal, and fliall make Oath, before the Court 
 of the County where he is in Prifon, or in the Vacation, before fome Two Juf- 
 tices of the Peace for that County, being both prefent togethefj the Creditor or 
 Creditors at whofe Suit he is confined being firft perfonally fummoned to appear 
 at the fame Time^ That he hath not the Worth of Forty Shillings Sterling Mo- 
 ney, in any worldly Subftance, either in Debts owing to him,' or otherwife how- 
 foever, over and befides his wearing Apparel,- working Tools, and Arms for 
 Mufler i and that he has not, at any Time fince his Imprifonment, or before, 
 direclly, or indiredly, fold, afTignd* or otherwife difpofed of, or made over, 
 in Truft for himfelf, or otherWife, any Part of his Real or. Perfonal Eflate,, 
 whereby to have or expeft any Benefit or Profit to himfelf, 4[ 'to defraud any of 
 his Creditors to v/hom he is indebted % and if there be no Perfon prefent that can 
 prove the contrary, then fuch Perfon, by fuch Court or Juftices, without Forrrr 
 of Trialj fhall immediately be fet at Liberty, and fhall fland for ever difcharged 
 of all fuch Debts fo fued for, and all Colls of Suit : But in Cafe fuch Perfon fhall 
 afterwards be difcovered to have fworn falfly, he fhall be indifted for Perjury -, 
 and if convicted, fhall lofe both his Ears in the Pillory, and b^ liable to fadsfy the 
 Debt and Damages. 
 
 II. JNB he it further EnatUd, That the Juftices of the Peace, when the J;;f«'roc!!d4l 
 Proceedhngs are before them out of Court,^ fhall put the fame in Writing, under U g/coun v« 
 
 their 
 
— ^ '^ ^' . ^^ 
 
 adS L ^ JV S of N O R T H - C A R O L I N A. 
 
 I ■ — , 
 
 yj. D. 1749- their Hands, and return the fame into the Court from whence the Execution 
 ''— — v^ * ilTued, there to be kept on Record, under the Penalty of Five Pounds Procla- 
 tni'^eR'tu'r" (o matioH Money, for each JuRice, for fuch his Omiflibn or Ne^^kfli to be paid to 
 c uTf, on i'=n. ^1^2 Perfon injured, by Order of the faid Court. 
 
 p.rfmi in Exc- i\\^ A N D bc it fuYthr EturSfcdj That if arty Pcrfoh, charged in Execiitloa 
 i^er°up Ihlr if fcif any Sum in any Prifon, within this Province, fliall be minded to deliver 
 fsfts. L.y i'.t:ti- up aij iiis Effe<fts to his or her Creditors, it fhall be lawful for fuch Prifoner to 
 prefer a Petition to the Court from whence the Pfocefs ilTuedi fetting forth the 
 ' Caufe of Imprifonment ; and an exa(5t Account of his or her Eftate, and all Cir- 
 cumftances relating thereto; and on fuch Petition, the Coui-c Ihall order the Pri- 
 foner to be brought, and the Creditor.*"., at whofc Siiit he is charged, to be 
 fummoned •, and on the Day of Appearance if any of the Circditors negleft to 
 appear, on Proof made of the due Service of the Court's Order, the Cerort 
 fhall proceed to examine the Matter of the Petition in a fuhiiiiary Way, ar»d 
 fhall tender to fuch Perfun an Oath, to the Effed following : 
 
 o»tk t>> b« t.ktJi T A. B. do folemvly fwear^ in the Prefence of AlrHighty God:, nat the Account 
 by tie D-btor. I ^^, ^^ dcHveredy with my -PetitioKy info thii Courts doth contain ti full and true 
 Acount of all my Real and Perfonai Eftate, Dehts^ Credits^ and Effects whatfoe- 
 very which /, o^ any in l^ruft for niCy havei or at the Time of my fdid Petition 
 hady or now cany of thtn waSy in any Refpetty intituled tOy either in Poffeffion, 
 Remaindery or Reverjiony (except my wearing Apparel for myfelf and Family y and 
 the 'Tools or Inftnments for my TradCy and Arms for Mufter y) and that I have 
 HOty at any Time fince my Imprifoyimenty or beforcy directly or indirecilyy fold^ 
 ilienedy ajignedy or otherxvife difpofed ofy or made overy in Truft for myfelfy or 
 otberwifey other than is mentioned in fuch Accounty any Part of my Landsy E- 
 fiatCy Goodsy Stocky Moneyy DeitSy or ether Real or Perfonal Efiatey whereby to 
 have or expect any Benefit or Profit to myfelf, or to defraud any of my Creditors /• 
 whom I am iitdebtcd. So help me G6d. 
 
 IV. A N D he it further Enactedy That if luch P&rfon take Ibch Oath, sftd 
 Sd'^'SfrVuch the Creditor be Satisfied with the Truth thereof, the Court may order the EfFeds 
 SuWer, and contained in fuch Account, or fo much as may be fufficient to fatsfy the Debts 
 o*th uk'M, ^^^ p^^^ ^^^ ^^ .^^^ Gbaleri to be, by an Indorfment on the Back of the Petiti- 
 on, figned by the Prifoner, afTigncd to the Creditor or Creditors, or to one or more 
 of them, in Truft for the refl ; and by fuch AfTignment, the Eflate and Proper- 
 ty of the Lands, Goods, Debts, and Effeds, fhall be vefled in fuch Creditor or 
 Creditors, in Trufl, as aforefaid, and the Prifonet fliall be difcharged out of 
 Cuflody, by Order of the Court, without Fee^ and the Perfon or Perfons to' 
 whom the EfFeds Oiall be affign'd, paying the Fees to the Coaler, fhall divide 
 the EfFeds, in Proportion to their Debts : But if the Perfon or Perfons at whole 
 Suit the Prifoner is in Ejtecution, fhall defire Time to inform himj her,- or them- 
 felves, the Court fhall remand the Prifoner, and dired him, and the Perfon or 
 Perfons difTatisfied, to appear, at a Day, in the next fucceeding Court •, and if at 
 fiich Day the Creditor or Creditors make Default, or if he, fhe,- or they, be un- 
 able to make Difcovcry of any EfFefts of the Prifoner omitted in his Petition, or 
 to fhew any Probability of his having being forfworn, the Court fhal) eaufe the 
 Prifoner to be difcharged, unlefs fuch Creditor or Creditors, on his being detain- 
 ed, agree, by "vVriting, to pay the Prifoner Ten Shillings Proclamation iMoney; 
 by the Week, to be paid Weekly, fo long as he or fhe fhull continue ih Prifon at 
 his, her, or their Suit ; and on Failure of Payment, the Prifoner fhall, on Ap- 
 plication made to the Court, be difcharged by Order : And in Cafe the t;rifQner 
 ihall refufe to take the Oath, or fiiali be dcteded of Falfity therein, he fhall be 
 remanded^ 
 
L A IV S of North-Carol I N A. 
 
 2bO 
 
 A. D. 1749. 
 
 V. AND be it. further Ena£Jedy That the Perfon of every Debtor fo dif- '^CtlX.l'ZL 
 charged, fhall, never after, be arretted for the fame Debt; but the Judgment otLr" Aireit 'L 
 .(hall remain in Force, and Execution may be taken out againft his Lands or '"'*' '^''''■ 
 Goods, (his wearing Apparel for himfclf and Family, Tools for his Trade, and 
 
 Arms for Mufter:, excepted.) 
 
 VI. J N B be it further EnaEled^ That if any Perfon who fhall take fuch i^^ttor commit- 
 Oath, fhall, upon Indiftment of Perjury, be convidled thereon, he fliall fuffer tl" Va'« "- he b^! 
 all Pains of v/ilful Perjury, and fhall be. liable to be taken on a new Procefs ; and ncfit of thi. Adt* 
 Ihall, never after, have the Benefit of this Ad, 
 
 VII. AND be it further Enacted^. T\id.l if the Eftedls affigned Ihall not EMea, ,ot fufs, 
 extend to fatisfy the whole Debts due to the Perfon or Perfons at whofe Suit fuch '''"'' cr.c!it.,r. 
 Prifoner was charged, and the Fees, there fliall be an Abatement in Proportion j^rtion! '" 
 and the Goaler Ihall come in, as a Creditor, for his Fees. 
 
 VIII. AND he it further Enacted'^ That no Perfon, charged in Execution, Petition fo ^ 
 fhall be allowed to petition by Virtue of this Acb, unlefs luch Prifoner do exhi- "''''>'f<"<' within 
 bit his Petition to the Court from whence the Execytion ilTued, within Six ^""''"' 
 Months after fuch Perfon ihall be fo charged in Execution. 
 
 IX. AND be it further Enacted^ That where by this Ad an Oath is required, Q^.ker-s Affit- 
 the folemn Affirmation of a ^^-^^r fnall be taken, in Lieu thereof; and every ""^'i"" aHowed, 
 Perfon convifted of wilful and falfe affirming, fhall fuffer the like Penalties as 
 
 for wilful and corrupt Perjury. 
 
 CHAP. III. 
 
 An ASf, for the Encouragsment of James Davis, to fet up, and carry 
 on, bis Biifnefs of a Printer, in this Province; and for other Purpofes 
 therein mentioned, 
 
 ^- WJ E pray it may be Enaded, And he it Enabled, by his Excellency Ga- 
 , Vy briel Johnftcn, Efq^-, Governor, by and with the Advice arJ Confent ^y ''""^"•s 3^^. 
 his Majeflfs Council, and the General Affembly of this Province, and by the Au- 
 thority of the fame. That the faid James Davis fhall be allowed and paid by the 
 Public, the Yearly Salary of One Hundred and Sixty Pounds Proclamation Mo- 
 ney, for the Work and Services hereafter mentioned, to be done and performed ' 
 by him. for the Public ; and that the faid Salary fhall begin and commence from 
 fuch Time as the faid Jantts Davis fhall have fet up his Prefs at Nevobern, in this 
 Province, and be ready to proceed on his Bufmefs of Printing ; and fhall continue 
 for the Space of Five Years, provided the faid James Davts fliall fo long live, 
 and perform the faid Services. 
 
 II. ANDbt it further Enacted, X^iat the faid James Davis, in Confideration 
 of .the faid Salary, fhall, and he is hereby required and direded, to refide in SHit' ^"* 
 Newbern aforefaid, and to print, with the fame Type or Letter with which his ' 
 Petition, now laid before this Houfe. ia printed on, at every Sefllons of AlTem- 
 bly in this Province, the Speeches and AddrcfTes at the Opening of each SefTion • 
 alfo the Journals and Proceedings of the Houfe of Burgefies ; and deliver Copied 
 Liereof to each Member who Ihall attend at fuch ScfTion ; and ffiall alfo, as foon 
 as the fame can or may be done, print all fuch Laws as fhall be pafTed at each 
 
 •*^ 4 Seffions-,' 
 
290 L A J^y S of North-Carolina. 
 
 ^' ^ ''"^ Seffions, and (hall tranfmit one Copy of them to his Excellency the Governor, 
 '"^" and one to each Member of his Majetly's Honourable Council, and alfoone Copy 
 to each Member of the General Aifembly in the feveral Counties in this Province ; 
 one Copy to each of the Clerks of the Houfes of Affembly, for the Ufe of the faid 
 Affembly -, one Copy to the Clerk of the General Court, for the Ufe of the faid 
 Court i one Copy to the Clerk of each refpe(5tive CoUnty Court in this Province, 
 for the Ufe of iuch Court ; and alfo one Copy to each and every Juftice of the 
 jfeveral Counties within this Province- not exceeding Twelve Copies to be fent to 
 the faid Juftices of any one County -, and fupply fuch Copies of the faid Journals 
 and Laws as fiiall or may be necelfary, to be tranfmitted from this Province to 
 ihe Board or Offices in England., as ufual; and alfo, fhall print, and tranfmit to 
 the proper Places* the Public Proclamations, and all other Ads of Government. 
 
 rieri<«to deliver jll. AND be it further Enacted-, by th:: Authority afcrcfaid. That the Clerks 
 ivmtTr/'cn'rvn. of the Council, and of the General AlTembly, for the Time being, the Secretary 
 ii a5 1'. of the Province for the Time being, and all other Officers within this Province, 
 
 Ihall, and they are hereby required, to deliver to the laid James Davis^ exami- 
 ned and atceftcd Copies of all fuch Speeches, Journals, Laws, Proclamations, and 
 "ill Adls of Government, in their .refpcdive Offices, which are herein before di- 
 rected to. be printed, at fuch Time or Times as the fame fhall be demanded of 
 them by the faid James Dmis ; and that if any of the faid Officers lliall negledfc 
 or refufe fo to do, he fliall forfeit and pay the Sum of Twenty Five Pounds Pro- 
 clamation Money, to him or them who will fue for the fame : Which Ihall and 
 rnay be recovered in any Court of Record in this Province, by Adion of Debt, 
 Bill, Plaint, or Information j wherein no Protedion,. Injunction, or V/ager of 
 Law, iliall be allowed or admitted of. 
 
 Officers Allow.. |V. AND hc it furthcT Eudcted^ That the feveral Officers Ihall be paid by the 
 ance for Copies, p^^jj^jj^^ f^j. ^U fucli Copics as they are hereby required to make out and deliver 
 
 to the faid James Davisy the Time Fees and Allowances as by Law or Ufage they 
 
 have a Right to for fuch Services. 
 
 tax iai.i to ,uy V. A N D for tiie Payment of the Salary herein before mentioned to the faid 
 the Ssiaiy, &c. j^mes DaviSy and the Fees and Allowances to the feveral Officers, for fuch Co- 
 pies as they are by this A6t required to make out, and deliver to the faid James 
 Davis ; Be it Enacted., by the Authority aforefaid. That a Tax of Four Pence, , 
 Proclamation Money, be, and is hereby laid, for' tlie Space and Term of Five 
 Years, and no longer, on each and every taxable Perfon within this Province, 
 and paid as the County and Parifh Taxes are paid ; and fliall commence imme- 
 diately after the Ratification of this Ad : And lliall be colkaed and accounted 
 for, by the feveral Sherifs of the refpedtive Counties within the fame, in the fame 
 Manner, and under the fame Penalties, as by the Laws now in Force they are to 
 colled and account for the Public Tax. 
 
 surpia^appropti- VI. AND be it further Enackd, That if any Surplus of the Monies arifing 
 *"d. ^y Virtue of this Ad fhall remain, after Payment of the fliid Salary to the faid 
 
 James Davis, and the Fees and Allowances to the feveral Officers,- for the Copies 
 that fliall by them be delivered to the faid James Davis, by Virtue of this Ad, 
 the fame fliall be apphed, by the General AlTembly, for and towards difcharging 
 the Public Debts of this Province. • * 
 
 VII. AND be it further Enacted, by ihs Authority aforefaid. That if any 
 
 r^MHint^nror Pcrfon or Perfons fliall print, fell, or offer to Sale in' this Province, within' the 
 
 felling th. i,.ws Term of Five Years aforefaid, any of the Tournals or LaWs aforefaid, other than 
 
 &c.^of ih,, Pro- ^^^^ ^^ ^^^j^ ^^ printed by the faid James Davis, without the Licence of the 
 
 laid James Davis -, fuch Perfon or Perfons fliall forfeit and pay, to the faid James 
 
 Davis^ the Sum of Five Pounds, Ppoclamation Money, lor each and every 
 
 Journal 
 
LAWS ^NoRTH -Carolina. 291 
 
 Journal of Law of any Sefilons fo printed^ fold, or offered to Sale, contrary ^^- ^' '^*9J 
 to the true Intent and Meaning of this Aft j to be recovered in the fame Man- '^~ 
 
 ncr as the Penalty firft above mentioned in this Act. 
 
 VIIL AN B be it further EnaEledy That all the faid Laws that (hall -be prin- Printed Laws to 
 ted by the faid James Davis^ by Virtue of this Act, fhall be allowed to be given d^„^f'" '"^''" 
 in Evidence in all or any of the Courts of Judicature in this Province, and 
 before any Magitlr^^tc or Magiftrates, in any Matter or Controverfy depending 
 before them. 
 
 CHAP. IV. 
 
 2in Act, directing t-be Method for cutting or docking Intaih of fmall 
 
 EJiates. 
 
 I. TTTHEREAS divers Perfons are feired of fmall and inconfiderable Preamble, 
 
 VV Pieces of Land, in Tail, often ignorantly, without Defign, devifed, 
 in Tail, by their Ancellors ; and the Method of defeating fuch Eftates in Fee- 
 Tail, General or Special, within this Province, by A6t of General Affembly, in 
 fuch particular Cafe to be made and provided, is found too expenfive for poor 
 People, feiz;2d of fuch Land, to go through with ; and therefore, the Docking 
 Intails by fome eafier Method will be a great Relief to fuch poor People and their 
 Families, whereby they would be enabled to purchafe other more improveable 
 Lands and Slaves ; 
 
 II. V^HEREFOREwe humbly pray your mofl: Sacred Majefty that it Method efdocS:. 
 may be Enacted, And be it Enacted^ by his Excellency the Governor^ Council cmd '"sint^is. 
 General Affembly cf this Province, That it fhall and may be lawful for any Per- 
 fon or Perfons, feized, in Fee-Tail, General or Special, of, or in, any Lands or 
 Tenements v/ithin this Province, not exceeding the Value of Fifty Pounds 
 Sterling Money, and not being Parcel of, or contiguous to, other intailed Lands 
 of the fame Parties, to foe out a Writ, from the Secretary's Ofrice, in the Na- 
 ture of an Ad quod Damnuv?^ direfted £0 the Sheriff of the County where fuch 
 intailed Lands lie, commanding him to enquire, by good and lawful Men of his 
 County, of the Value of fuch Lands,' and whether they be Parcel of, or con- 
 tiguous to, other intailed Lands of the fame Party,' as aforcfaid •, and fuch She- 
 riff Ihall return his Inquifition t6 the faid Office : And if the faid Lands fhall be 
 found not to exceed the Value aforefaid, and to be a feparate Parcel, as aforefaid, 
 then a Deed of Bargain and Sale, feciting the Title and fuch Inquifition, (where- 
 • in a valuable Confideration fhall be exprelTed, and, bona /^f, paid) acknow-. 
 ledged by the Party, or proved by Two Witneffes, before the Chief Juflce, or 
 any of the alTociatc Judges, or in the Court of the County where fxich Lands 
 may lie, within Six- Months after the Date thereof, and regiftred, within Twelve 
 Months, in the County where fuch Lands lie, fhall be fufficient in Law to pafs 
 the Fee-Simple Eftate of fuch Lands to the Purchafer or Purchafers thereof ; and 
 the Right of the Iffue of the Vender^ and all other Perfons in Remainder or Re- 
 verfion, fhall pe barred, in the fame Mariner as the fame Eftate might be barred 
 by Fine and Recovery, according to the Lav/s of England. 
 
 S T G N E D by 
 
 Gabriel Johnston, Efqj Governor, 
 
 Nathaniel Rice^ Prefident, 
 
 Samuel Swann^ Speaker, 
 
L A fV S (j/' North-Carolina. 
 
 =93 
 
 
 A. D, 1749. 
 V ^ * 
 
 jfimj;* 
 
 m 
 
 \j^'^% 
 
 
 GE 
 
 Anno Regni 
 
 G 1 1 II 
 
 E.egis, Magnce Britanniie, Francis, &C 
 Hibernue, Viceffimo Tertio. 
 
 At a General ASSEMBLY, held at Ntavhern, the g a » r 1 z ^ 
 Sixteenth Day of Otiober, in the Year of our Lord One e%"-''^°''' 
 Thoufiind Seven Hundred and Forty Nine. 
 
 Governor, 
 
 CHAP. I, 
 
 An Aci^ to put in Force in this Provi?ice, the fever al 'Statutes of the King- 
 dom of England, or South-Britain, thereiii particularly jnentioiied. 
 
 TXrHEREAS many of the Statute Laws of the Kingdom of England, Preamble, 
 
 !. __ 
 
 or South-Britain^ by Reafon of the different Way of Agriculture, and 
 the different Produftions of the Earth of this Province, from that of England, 
 are altogether ufelefs, and many others, which otherwife are very apt and good, 
 either by Reafon of their Limitation to particular. Places, or becaufe in themfelves 
 they are only executive by fuch nominal Officers as are not in, nor fuitable for 
 the Conftitution of this Government, are thereby become impradicable here : 
 
 II. jB £ it therefore Enncced., by his Excellency Gabriel Johnfton, Efqi Cover- statutes enforce^'' 
 nor, by and with the Advice and Confent of his Majefty's Council, and General AJ- *>"«• 
 jembly of this Province, and it is hereby Enacted, by the Authority of the fame. 
 That the feveral Statutes, and the feveral Paragraphs or Settions of the feveral 
 Statutes of the Kingdom of England, intituled as followeth, and made and en- 
 afted in fuch Years of the Reigns of the Kings and Queens of England as before 
 the Titles of the feveral Statutes, as in this A&. fet down, are, and are hereby to 
 be in as full Force, Power, and Virtue, as if the fame had been fpecially En- 
 abled and made for this Province, or as if the fame had been made and Enadtcd 
 therein, by^any General Affcmbly thereof: That is to fay , 
 
 E4 
 
 MAG- 
 
294 LA W S of North-Carolina. 
 
 A. D. 1749. 
 
 s^.,^ ; MAGNA CHART A. 
 
 •Q Henry III. Chap, i An A<5t, for Confirmation of Liberties, 
 
 8 How Sureties fhall be charged to the King. 
 
 14 How Men of all Sorts fhail be amerced, and by whom. 
 
 18 The King's Debtor dying, the King fhail be firft paid. 
 
 28 Wager of Law fhail not be, without Witnefs. 
 
 29 None fhali be condemned without Tryal : Juftice fhail 
 
 not be fold or deferred. 
 34 In what only Cafe a Woman fhail have aft Appeal of 
 Death. 
 
 MEP^rON. 
 20 Henry III. Chap, i A Woman fhail recover Damages in a Writ of Dower. 
 2 Wido<^"s may bequeath the Crofs of their Lands. 
 
 9 He is a Baftard that is born before the Marriage of his 
 
 Parents. 
 
 MARLBRIDGE. 
 
 f,2 Hen. III. Chap. 4 A Diftrefs fnall not be drawn out of the County, and 
 
 it fliall be reafonable. 
 
 5 What Kind of Manflaughter fhail be adjudged Murder. 
 J 7 The Authority and Duty of Guardians in Socage. 
 
 23 A Remedy againft Accomptants. Farmers Ihall make 
 no Waile. 
 
 IVESr MINSr E R, the Firflr. 
 
 c^ Echvard I. Ch:ip. 3 No Penalty for an Efcape;^ before it be adjudged. 
 
 ^ 4 What fhail be adjudged Wreck of the Sea, and what no6 
 
 6 Amerciaments fliail be reafonable, and according to the 
 
 Offence. 
 J 2 ' The Punifhmenc of Felons refuting lawful Tryals. 
 14. Appeal againft the Principal, and Acceflory. 
 23 None fhail be diftrained for a Debt he oweth not. 
 25 None fhail commit Champerty, to have Part of the 
 
 Thing in Queftion. 
 29 Penalty on a Serjeant or Pleader, committing Deceit. 
 
 GLOUCES'TER. 
 
 6 Edward t Chap. 9 One Perfon killing another in his Own Defence, or by 
 
 Misfortune, an Appeal of Murder. 
 
 i^ESTMINS-TERi the Second, 
 J 3 El h Chap. I In Gifts in Tail, the Donor's Will Ihall be obferved. 
 
 The Form of a Formedon. 
 
 1 1 The Matters Remedy againft their Servants, and other 
 
 Accomptants. 
 
 12 The Appellant being acquitted, the Appellor and Abet- 
 
 tors Ihall be puniihed : There fhail be no Effoign for 
 the Appellor. 
 • 19 The Ordinary chargeable, to pay Debts, as Executors. 
 34 It is Felony to commit a Rapej a married Woman 
 with an Advouterer, 
 
 37 ^<^ 
 
LAWS of North-Carolina. 295 
 
 37 No Diftrefs fhall be taken, but by Bailifs, known and ^- ^ '749-. 
 
 fworn. * -v—- ^ 
 
 40 A Woman's Suit fhall not be deferred by the Minority • 
 
 of the Heir. 
 
 ARTICULI SUPER CHARTJS. 
 ?.S Ed. I. Chap. 10 The Remedy againft Confpirators, falfe Informers, and 
 
 Embracers of Juries. 
 
 1 1 Nothing fliall be taken to maintain any Matter in Suit. 
 
 1 2 What Diftrefs fliall be taken for the King's Debt, and 
 
 how it fhall be ufed. 
 i 6 What fliall be done with them that make falfe Return 
 of Writs. 
 
 S T A T U T E the Second. 
 
 33 Ed. I. Who be Confpirators, and who be Champartors, 
 
 S T A T U T E the Third. 
 The Punifliment of fuch as commit Champarty. 
 
 STATUTE the Fourth. 
 
 34 Ed. L Chap. I The King, or his Heirs, fhall have no Tallage or Aid^' 
 
 without Confcnt of Parliament. 
 4 All Laws, Liberties, and Cuftoms, confirmed. 
 
 S T A T.U T E the Second. - 
 i Ed. Ih In what Cafe it is Felony to break Prifon, arid what not, 
 
 I Ed. III. Chap. 7 I-nquiry fliall be made of Coalers, which by Durcfsj 
 
 compel Prifoners to appeal. 
 
 6 Juftices fliall have Authority to punifli Breakers of the 
 
 Peace. 
 
 8 No Commands under the King's Seal fnall difl:urb or 
 
 delay Juftice. 
 4 Ed. 111. Chap. 2 The Authority of Jufliices of Afllze, Goal Delivery, 
 
 and of the Peace. 
 
 7 Executors fliall have Adion of Trefpafs for a Wrong 
 
 done to their Teftator. 
 
 9 Sherifs, Bailifs of Hundreds, and Efcheator, fliall have 
 
 fufficient in the County. 
 ID Sherifs and Goalers fliall receive Offenders v/ithoiit any 
 
 Thing taken. 
 II Jufl:ices of Afllze, &c. fliall enquire of Maintainers,' 
 
 Confpirators, and Champartors. 
 5 Ed. III. Chap. 9 None fhall be attached, or forejudged, contrary to the 
 
 Great Charter, or the Law. » 
 
 10 The Punifliment of a Juror that is ambidexter, and 
 
 taketh Money, 
 
 1 1 Procefs againft thofc that be appealed, indided, or out- 
 
 lawed, in one County, and remain in Another. 
 14 Night Walkcrsj and fufpected Perfons^ fliall be fafely 
 kept. 
 
 10 Chap. 2 Pardons fliall not be granted contrary to the Statute of 2 
 
 Ed. 3, Chap. 2. 
 
 2-0 ■ ■ Chap, 4 None fliall maintain any Quarrels but their own. 
 
 6 Juftices 
 
296 LAWS of North-Carolina. 
 
 ^ ^- '749^ 6 Juftices of Afllze (hall enquire of, and punifh the Mif- 
 
 ^ demeanors of Officers, and other Offenders. 
 
 S T A T U T E the Fifth. 
 
 25 Ed- IIL Chap, 2 A Declaration which Offences ftiall be adjudged Treafon, 
 
 3 No Indiclor fhall be put upon the Inqutll of the Party 
 
 indifted. 
 
 4 None fhall be condemned upon Suggellion, without 
 
 lawful Prefentment. 
 
 5 Executors of Executors fhall have the Benefit and 
 
 Charge of the firft Teflator. 
 ly Procefs of Exigent fhall be awardtd in Debt, Detinue^ 
 
 and Repleven. 
 19 By the King's Protection the Party's Suit fhall not be 
 hindered, but his Execution, 
 j^ — . — — Chap. 8 The Penalty of a Juror, taking Reward to give his 
 
 Verdift. 
 12 There fhall be no Forfeiture of Lands for Treafon of 
 dead Perfons, not attainted, 
 <y>j .__-_- 1 Chap. 2 An Indemptitate Nominis fhall be granted, upon the 
 
 wrongful Seizure ot another Perfon's Lands or Goods, 
 38" ^^' ' *'^'"' ' ■■ Chap. 8 A Ship fhall not be loft for a fmall Thing therein not 
 
 Cuftomed. 
 12 The Punifliment of a Juror taking a Reward to give 
 his Verdift ; and of Embracers. 
 
 ^i , Chap. 3 None fhall be put to anfwer an Accufation made to the 
 
 King^ without Prefentment. 
 10 Children born beyond Sea in the King's Dominions, 
 fhall be inheritable in Engkind. 
 
 ^o =- Chap. 6 Fraudulent AfTurances of Lands or Goods to deceive 
 
 Creditors, fhall be void. 
 
 S T A T U T E the Fifth. 
 
 A Pnfoher by Judgment fhall not be at large: Con- 
 fefTion of a Debt to the King, to delay another Exe- 
 cution. 
 
 The Penalty of a Judge or Clerk, making any falfe 
 Entry, ''erafe a Roll, or change a Verdift. 
 
 With v/hat Things the Admiral, and his Deputy, fhall 
 meddte^ 
 
 The Duty of Juftices of the Peace, when any forcible 
 Entry is made into Lands. 
 
 In What Places the Admiral's Jurifdiftion doth lie. 
 
 A Remedy for hini who is wrongfully purfued in the 
 Court of Admiralty. 
 
 The Punifhment of an Attorney found in Default. 
 
 Judgments given fliall continue, until they be reverfed 
 by Attaint or Error. 
 
 It fhall be Felony to cut out the Tongue, or pull out 
 the Eyes, of the King's Liege People. 
 
 Duty cf Jufliees of Peace, where Land is entered upon, 
 or detained, with Force. 
 12 No Judgment or Records fhall be reverfed by any 
 Writ, Procefs, ^c. erafed : Which Deftd in Re- 
 cords may be amended by the Judges, and which net. 
 
 15 The 
 
 i Richard II. Ch. 
 
 12 
 
 % . Chap. 
 
 4 
 
 13 ■ Chap. 
 
 5 
 
 15 Chap. 
 
 2 
 
 2 Henry IV. Chap. 
 
 3 
 
 II 
 
 4 — Chap. 
 
 18 
 23 
 
 £j . Chap. 
 
 5 
 
 S Henry VI Chap. 
 
 9 
 
L A JV S of North -Carolina. 297 
 
 15 I'he Juftices may, in certain Cafes, amend Defaults in ^- -^^ '749-^ 
 Records. . * v ^ 
 
 Q . Chap. 4 An Indernptitate Nominis maintainable by Executors. 
 
 1^ Chap. I Juftices of Nifi Prius may have Judgment of a Man 
 
 attainted or acquitted ot Felony. 
 
 1 8 ■ Chap. 6 No Lands fliall be granted until the King's Title be 
 
 found, by Inquifition. 
 
 12 Appeals or Indictments of Felony, committed in a 
 
 i-'lacc where there is none fuch. 
 
 « I — Chap. 9 A Remedy for a Woman enforced to be bound by the 
 
 Statute or Obligation. 
 
 J J Chap. I A Remedy for Executors againfb Servants, that em- 
 bezzle their JMafters Goods after his Death. 
 
 I Rich. III. Chap. 3 Every Juftice of Peace may let a Prifoner to Mainprize : 
 
 No Officer fhail feize the Goods of a Prifoner until 
 he be attainted, 
 J Hen. VII. Chap. 2 The Penalty of carrying a Woman away, againft her 
 
 Will, that hath Lands or Goods. 
 
 3 Juftices of Peace may let Prifoners to Bail : The She- 
 
 rijlf ihall certify the Names of all his Prifoners at the 
 Goal Delivery. 
 
 4 All Deeds of Gifts made to defraud Creditors, fhall be 
 
 void. 
 
 10 Cofts, &V. awarded to the Phintiff, where the De- 
 
 fendant fueth a Writ of Error. 
 
 :4. — Chap. 12 All Juftices of the Peace Ihall execute: their Commiflion, 
 
 redrefs Injuries, and maintain Law. 
 
 13 Clergy fhall be allowed but once: A Convi6t Perfon 
 
 flaall be marked with the Letter M or T r A Pro- 
 viiion for them which be within Orders. 
 
 I I Chap. 12 A Means to help and fpced poor Perfons in their Suits. 
 
 12 Chap. 7 For Murders. 
 
 ig Chap. 9 Procefs in Actions upon the Cafe flied in the King^s 
 
 Bench, and Common Pleas. 
 
 20 Writs of Error. . 
 
 I Henry VIII. Ch. 8 The Ad of Efcheators and Commiflloners. 
 
 4 Chap. 2 Punifliment of Murders. 
 
 2 1 Chap. 4 The Sales of Lands by Part of the Executors, lawfuL 
 
 11 At what Times Reftitution Ihall be made of Goods 
 
 ftolen. 
 
 22 ■ Chap. 14 For Abjurations and San6luarics, the Sixth Paragraph 
 
 only, in thefe Words following: And that no Per- 
 fon^ arraigned for Petit 'Treafon^ Murder y or Felony ,, 
 be, from henceforth, admit ted. to any peremptory Chal- 
 lenge above the Number of 'Twenty. 
 
 t$ Chap. I An Ad, concerning Convids in Petit Treafon, Murder, 
 
 &c. ■ . ^ 
 
 3 An Ad, againft Perjury, and untrue Verdids. 
 15 An Ad, that the Plainti/? being non-fuited, Ihall yield 
 Damages to the Defendant, in Adiqns Perfonal, by 
 the Diicretion of the Juftices, 
 
 j^.. Chap. 5- That a Man killing a Thief in his Defence, Ihall not ' 
 
 forfeit his Goods. 
 
 25 Chap. 3 For fuch as fliall fliand mute, ^c. 
 
 6 The Puniftiment of the Vice of Buggery. 
 2^ «— — - Chap. 4 For Pirates, and Robbers on th& Sea, 
 
 F 4' 30 Tht 
 
298 LAWS of North-Carolina. 
 
 ^. i>. 1749- !0 The Aft concerning Ufes, and Wills. 
 
 v»„ — ^ 1 ^g ^ Chap. 15 For Pirates. 
 
 01 , Chap. I For Joint Tenants, and Tenants in Common. 
 
 5 For the Continuation of Debts upon Execution. 
 
 22 ■ Chap. 9 The Bill of Bracery, and buying of Titles. 
 
 I The Aft of Wills, Primer Seifins, whereby a Man may 
 devife Two Parts of his Lands. 
 
 30 Mifpleadings, Jeofails. 
 
 32 Joint Tenants for Time of Life, or Years. 
 
 33 An Aft-, that wrongful Difleifin is no Defcent in Law. 
 •^j For Recovery of Arrearages of Rents by Executors of 
 
 Tenants, in Fee Simple. 
 
 55 . Chap. I A Bill againft them that counterfeit Letters, or privy 
 
 Tokens, to receive Money or Goods in other Menff 
 Names. 
 Chap. 8 The Bill concerning the Explanation of Wills. 
 Chap. 6 The Bill for burning of Frames. 
 
 Chap. 1 2 An Aft, for the Repeal of certain Statutes concerning 
 Treafon and Felonies, ^c. Paragraph the 1 3th, 
 Wilful killing by poifoningj Ihall be adjudged Mur- 
 der. 
 
 2 & 3 ■ Chap. 33 A Bill for Horfe, and Horfe-ftealers. 
 
 S ^ ^ — Chap. 9 An Aft, for taking away Benefit of Clergy^ for certain 
 
 Offenders. 
 
 I o An Aft, for the avoiding of Clergy from divers Perfons. 
 I Mary,' Chap. 6 Counterfeiting of ftrange Coins, Cffc. adjudged Treafon. 
 
 1 & 2 Philip and 1 Bringers in of counterfeit Coin into this Realm, Ihall be 
 ' ' ' .Afirj'y Chap. II i punifhed as Traitors. 
 
 1 3 An Aft, touching Bailment of Perfons. 
 
 2 &: 3 Chap. 10 An Aft, to take Examination of Prifoners fufpefted of 
 
 any Manflaughter, or Felony. 
 
 ^ 2c 5 Chap. 4 An Aft, that Acceffories in Murder, and divers Felo- 
 nies, fliall not have Benefit of Clergy. 
 8 An Aft, for the Punifhment of fuch as (hall take away- 
 young Women that be Inheritors, being within the 
 Age of Sixteen Years, or marry them without Con- 
 fent of their Parents. * 
 
 /5 Elizabeth^ Chap. 9 An Aft, for Punifhment of fuch Perfons as fhall pro- 
 cure or commit any wilful Petjury. 
 
 I I Clipping, i^c. of Coins, for Gain ^ake, fhall be high 
 Treafon. 
 
 14 An Aft, againft Forgers of falfe Deeds and Writings. 
 1 7 An Aft, for the Punifhment of the Vice of Buggery. 
 
 g . — ^ Chap. 2 The Defendant fhall recover Cofls and Damages, where 
 
 the' Plaintiff doth delay or difcontinue his Suit, or is 
 Non-fuit, ^c, 
 
 4 An Aft, to take away Benefit of Clergy from certain 
 Offenders for Felony. 
 
 ^2 r Chap. 5 An Aft, againft fraudulent Deeds, Alienations, ^c. 
 
 1 8 <• Chap. 7 An Aft, to take away Benefit of Clergy from the Of- 
 fenders in Rape, and Burglary •, and an Order for 
 the Delivery of Clerks convift, without Purgation. 
 I4 An Aft, for Reformation of Jeofails. 
 
 n y j«,«.« — Chap. 4 An Aft, againft covinous and fraudulent Conveyances. 
 
 5 An Aft, for Furtherance of Juftice, in Cafe of Demur- 
 
 rer in Pleadings. 
 
 13 
 
 An 
 
LA fP^ S of North-Carolina. 
 
 299 
 
 31 
 
 39 
 
 Chap. 
 
 13 
 II 
 
 Chap. 9 
 
 15 
 
 43 
 
 Chap. 
 
 r James I. Chap. 8 
 
 An A6tj for the following of Hue and Cry. 
 
 An Ad:, of Explanation or Declaration of the Statute 
 Oclavo Regis, Henry, 6, . concerning forcible Entries, 
 and the Indiftments thereupon found. 
 
 An Act, for taking away Clergy from Offenders againft 
 a certain Statute, made in the Third Year of the 
 Reign of Henry 7, concerning the taking away Wo- 
 men againft their Wills, unlawfully.. 
 
 An Ad, that no Perfon, robbing any Houfe in the 
 Day Time, altho' no Perfon be therein, Ihall be ad- 
 mitted to have the Benefit of his Clergy. 
 
 An Ad, to prevent Perjury, and Subornation of Per- 
 jury, and unordinary Expences in Suits of Law. 
 
 An Ad, againft fraudulent Adminiftration of Inteftates 
 Goods. 
 
 An Ad, to, take away the Benefit of Clergy from feme 
 Kind of Manflaughter. 
 
 A. D. 1749. 
 
 13 
 
 2> 
 
 1 1 An AcT:, to reftrain all Perfons from Marriage, until 
 their former Wives, and former Hufbands, be dead. 
 
 4 Chap. 3 An Ad, to give Coft to the Defendant, upon a Non- 
 
 fuit of the i^laintiffj or a Verdid againft him. 
 
 II Chap. 6 An Ad, concerning Women coavided of fmall Felonies. 
 
 An Ad, for the further Reformation of Jeofails. 
 
 An Ad, to enable Judges and Juftices of the Peace, to 
 
 give Reftitution of FofTeffion in certain Cafes. 
 An Adj for the Relief of Creditors, againft fuch Per- 
 fons as die in Execution. 
 An Adi to prevent the deftroying and murdering 
 Baftard Children. 
 
 3: Charles L The Petition exhibited to' his Majefty, by the Lords 
 
 Spiritual and Temporal, and Commons, in this pre- 
 fent Parliament aftembled, concerning divers Rights 
 and Liberties of Subjeds. 
 
 S T A T U T E the Second 
 1-3 Charles II. Chap. 6 An Adj declaring the fole Right of the Militia to be 
 
 in the King, and for the prefent ordering and dif • 
 
 pofing of the fame. 
 An Ad, to prevent the delivering up of Merchant Ships, 
 An Act, againft deceitful, difordcrly, and excefTive 
 
 Gaming. 
 An Ad, to prevent Arreft-s of Judgments, and fuper- 
 
 ceeding Executions. 
 An Act, for a more fpeedy and effectual Proceeding 
 
 upon DiftrefTes and Avowries for Rents. 
 An Act, for avoiding unnecefTary Suits and Delays. 
 An Act, to prevent malicious maiming and wounding : 
 
 Paragraph the 7th, Malicious maiming made Felony^ 
 
 and Paragraph the 8 th, Forfeitures. 
 An Ad, to prevent malicious burning of Houfes^' 
 
 Stacks of Corn and Hay, and killing or maiming oi 
 
 Cattle. 
 An Ad, for the better fettling of Inteftates Eftates. 
 An Ad, for preventing Frauds and Perjuries. 
 
 30 ■-' '■■ Chap,' 
 
 16 
 
 16 & 
 
 17 
 
 17 
 
 Chap. 
 
 Chap. 
 Chap. 
 
 22 & 23 Charles II, 
 Chapter i 
 
 29 
 
 Chap. 
 
 10 
 3 
 
;oo 
 
 LA W S of North-Carolina. 
 
 D. J749. r,Q Chap. 7 An A6tj, to tnable Creditors to recover their Debts of 
 
 — y ^ the Executors and Adminiftrators of Executors, in 
 
 their own Wrong, 
 ^j . . Chap. 2 An Aft, for the better fecuring the Liberty of the Sub- 
 ject, and for Prevention of Imprifonment beyond the 
 Seas.' ■ • 
 I J^Tfies II. Chap. 1 7 An Act, for reviving and' Continuance of feveral Acts 
 
 of Parliament therein mentioned -, only Paragraph 
 the 5th, 6, and 7, relating to the Act for the better 
 fettling Inteftates Eftates. 
 
 1 IFil. & Aliiry, Ch. 8 An Act, for the abrogating of the Oaths of Supremacy 
 
 and Allegiance, and appointing other Oaths. 
 18 An Acti for exempting {;heir Majefties Protcftant Sub- 
 jefts, dilfenting from the Church of England^ from 
 the Penalties ot certain Laws. 
 SefTion 2 Chap. 2 Ah Aft, declaring the Rights and Liberties of the Sub- 
 
 jeft, and fettling the Succeflion of the Crown. 
 
 Chap. 5 An Aft, for enabling the Sale of Goods diftrained for 
 
 Rent, in Cafe the Rent be not paid in a reafonabls 
 Time. 
 
 o^ A. Chap. 9 An Aft, to take away Clergy from fome Offenders, 
 
 and to bring others to Puniihment. 
 14 An Aft, for Relief of Creditors, againft fraudulent 
 Devices. 
 
 jj. ^.^ Chap. 16 An Aft, to prevent Frauds, by clandeftine Mortgages. 
 
 J mi. HI. Chap. 3 An Act, for regulating Tryals in Cafes of Treafon, and 
 
 Mifprifon of Treafon. 
 
 ' g^ g Chap. 24 An Act, requiring the Practitioners of the Law to take 
 
 " the OathSj and fubfcribe the Declaration therein 
 
 ■ fncntioned. 
 
 2 2^ Chap. 10 An Act, for the better preventing frivolous and vexa- 
 
 tious Suits. 
 
 g^ jQ Ch. 15 An Act, for determining Differences by Arbitration. 
 
 1 7 An Act, for the better Payment of Inland Bills of Ex- 
 change.- 
 
 iQ^ II Ch. 16 An Act, to enable poflhumus Chi Wren to take Eflates, 
 
 as if born in their Fathers Life-time. 
 
 ,j 5j; j2 Ch. 6 An Act, to enable his Majefty's natural-born Subjects 
 
 to inherit the Eftate of their Anceflors, either Lenial 
 or CoUaterel, notwitftanding their Father or Mothef 
 are Aliens. 
 12 & 13 Wil ' III. X An Aft, for the further Limitation of the Crown,^ and 
 C]^ap, 2 J better fecuring the Rights and Liberties of the Subjefts. 
 
 i Ami Chap. 22 An Aft, to declare the Altefations in the Oath appointed 
 * - to be taken, by the Aft, intituled. An ASl, for the 
 
 further Security of his Majefifs Perfon^ and the Suc- 
 cejjton of the Crown in the Protefiant Line 5 and for 
 extinguiping the Hopes of the pretended Prince of 
 Wales, and all other Pretenders^ and thiir open and 
 fecret Abettors ; and for dechrin^ the Affociation to 
 be determined. 
 9 An Aft, for Punifhment of AccefTories to Felonies, and 
 Receivers of ftolen Goods ; and to prevent the wil- 
 ful burning and deftroying of Ships. 
 
 3 & 4 — Chap, 
 
LAWS of NORT H-CaROL IN A. 
 
 3 & 4 — Chap. 9 An Act, for giving Uke Remedy upon Promifory Notes -^- ^- '749- 
 
 as is now ufed upon Bills of Kxcliange j and for the ^ "* ^ 
 
 bctttr Payment ot inland Bills of Exchange. 
 
 4& 5 Chap. 1 6 Aa A6t, for the Amendment of the Law, and the 
 
 better Advancement of Juftice. 
 
 An A(it, concerning Life Eftates. 
 
 An Adt, to enable Infants who are feized or poircflei 
 of Eitates in Fee, in Truft, or by Way of Mort- 
 gage, to make Conveyances of fuch Eftates. 
 
 An Ad", for the better Security of Rents, and to pre- 
 vent Frauds committed by Tenants. 
 
 An Aft, againft unlawtul Gaming j Scdion i, 2, 3=, 
 5, and 7, only. 
 
 Firft, Second, and Third Seflions only. 
 
 Ah Adl, for the prtferving all Ships and Goods there- 
 of, wnich Ihall happ.n to be lorced on Shore, or 
 ftr:mded, upon the \oafts of this Kingdom, or any 
 other of her Majcfty's Lominions. 
 
 Sedlion the nth only, conctrning Debts. 
 
 Ah Ad;, concerning Rents. 
 
 An Ad, for the more eafy Recovery of Debts in his 
 Majdty's Plantations and Colonies in America. 
 
 An Ad, to dired the Proceedings in Chancery againft 
 Perfons beyond Sea. 
 
 Sedion i, 2, and 3 only, concerning Mortgages. 
 
 Settion the 5th, concerning Debts. 
 
 Twelith and 13th Sedions only, concerning Ejedment. 
 
 6 — Chap. 
 
 7 ■ Chap. 
 
 18 
 ^9 
 
 8 . Chap. 
 
 17 
 
 ^ Chap. 
 
 14 
 
 12 Stat. I Chap. 
 
 7 
 
 2 do. If. Chap. 
 
 4 Chap. 
 
 5 Chap. 
 
 22 
 28 
 
 7 
 
 
 25 
 
 
 
 8 Chap. 
 
 II Chap.. 
 
 24 
 19 
 
 Statutes 
 tr., en, 
 
 forced here. 
 
 III. AND be it further Enact edy by the Authority aforefaid^ That in any of Former 
 the above enuni; rated Statutes, where any Reference is made to any former 'f.''^'"'^'' 
 Statute, as to the Penalty, or Manner of Recovery, or Execution of the faid 
 Statutes, or where the liud Statutes are explained, or continued, or made perpe- 
 tual, or con hrmed, or Clergy allowed by any after Statute •, that in fuch Cafe, 
 
 the faid'Scatute fcf referred to, of that doth explain, continue, make perpetual,^ 
 or confirm the above enumerated Statutes, or allow Clergy for the Offence or 
 Off*eiicd#in any of them mentioned, are hereby declared to be of as full Force in 
 this Province, as if particularly enumerated in this Ad. 
 
 IV. AN D be it. further Enacted, by the Authority aforefaid. That all the 5^^^^^^^ ^^,^ ^^^^ 
 Statutes of the Kingdom of England^ relating to the Allegiance of the People to Allegiance of ibj 
 his pi'efjnt Majefty King George, and his lawful Succeffors, and the feveral Pub- o,"£'&,^'"'S 
 lie Oaths, and fubfcribing the Teft, required of th^Pcople of England in Gene- ^"'"^^ h«c. 
 ral, by any of the faid Statutes of the faid Kingdom •, and alfo all fuch Statutes in 
 
 the Kingdom of England as declare the Rights and Liberties of the Subjed, and 
 Enad the better fccuring the fame ; as to fo much of the faid Statutes as relates 
 to the above mentioned Particulars of the Allegiance of the People to their 
 Sovereign, the Public Oaths, and fubfcribiiig the Teft, required of them, and 
 the declaririg and f-curing the Rights and Liberties of the Sui^jeds, are hereby 
 Enaded and DccLn-d to extend to, and to be of full Force in this Province, as 
 if pirticularly eruiifteratcd in thi> Ad. 
 
 ■ V.-AND for the better patting in Force, and Execution of, all and every Executive Pow?i« 
 tnt before enumerated Statutes, Sedions, and Paragraphs of Statutes-, Be // g^«^» ^ the oig- 
 En.iLl cU by the Authority aforcfaid-, and it is hereby Enailed and Declarcdy That 
 i\z Gen r .1 Aflembly of this Province, and the fcvcral Members thereof, fliall 
 . hxvc clw lutAe Power and Authority in any Matter or Thing relating to the faid 
 
 G 4 ■ Statute 5 J 
 
302 
 
 L A }V S of North-Carolina. 
 
 A. D. 1749 St-rutes, or that is given by the fame to the Parhament of England^ or the Mem- 
 ti„ — ^^ — f l^gj.g thcrtof i and his Excellency the Governor, and the Council of this Province, 
 for the Time being, fliall have all the flower and Authority relating to the Execu- 
 tion of the faid enumerated Statutes, as by the fame, or by any other the Laws of 
 England^ arc given to the Lord Chancellor, or the Lord Keeper of the Great Seal 
 of England : That the Chief Juftice of this Province, and his AfTociates, for the 
 Time being, Ihall have all the Power and Authority in the Execution of any the 
 faid enumerated Statutes, as the Chief Juftice, or any of the Juftices or Judges of 
 the Courts of the King's Bench, or Common Pleas, or any Juftices of the Sef- 
 fions of Commiflioners of Oyer and Terminer and Goal Delivery, in the Kingdom 
 of England^ can or may have or do : And that the Juftices of the Peace in this 
 Province, fhall have the Powers of the Juftices of the Peace in the Kingdom of 
 England •, and every Officer, Minifter, or Under- Officer of this Province, ftiall 
 have and execute the fame Power arid Authority of eVery Juftice, Officer, Mini- 
 ft-T, or Under-Cfficer of the fame Name, Stile, Tide, and ufual Office, Em- 
 ployment, and Authority in the Kingdom of England') in and about the Execu- 
 tion of the Premifes, to all Intents, Conftrudions, and Purpofcs whatfoever, 
 except fuch Officer or Officers, the Manner and Method of whofe Duty and 
 Office, is circumfcribed and diredcd by the Laws of this Province. 
 
 ComrnnnLiw(f VI. AND hs it fiirther Enacted^ hy the Authority cifcrefaidy That all and 
 fsg/aai.nfnrcd gycry Part of the Common Law of England, where the fame is not altered by the 
 Fow^r gi'vcn 'to sbove enumerated Ads, or ihconfiftent with the particular Conftitutions, Cuf- 
 B«M«eit. toms, and Laws of this Province, excepting fo much thereof as ii,atii ReUtion to 
 
 the ancient'TenureS, which are taken aWay by Ad of Parliament, made in the 
 Twelfth Year of the Reign of King Charles the Second, Chapter the Twenty 
 Fourth, intituled. An A£f, for taking alvay the Court of Wards and Liveries^ 
 and' Tenures in Ci'.pitey and by Kmghis Service and Purveyance, &CQ. whtrtby it is 
 Enaded, That all Tenures by the Common Law, whether held of the King or 
 any other Perfon Or Perfons, are turned into free and common Soccage •, and 
 which Statute, as to that Part of it which doth Enad, That all Tenures be turn- 
 , ed into free and common Soccage-, is hereby Enaded and Declared to be ot as 
 full Force in this Province, as if particularly enumerated by this Ad •, and alfo 
 excepting that Part of the Common Law which relates to Matters EcckTiaftical, 
 which are inconfiftent with, or repugnant to, the Settlement of the Church of 
 England in this Province, by the Ads of Affembly thereof ; be, and is hereby 
 made and declared to be in as full Force and Virtue v/ithin this Province, as the 
 fame is, or ought to be, within the faid Kingdom of England: And that the 
 Governor f(?r the Time being, with his Council, conftituting a Court of Chan- 
 cery in this Province, ftiall have Power to put in Execution, and caufe to be 
 put in Execution in this Province, fo much of the faid Common Law, (except 
 as before excepted) as thfi Lord Chancellor, or Lord Keeper of the Great Seal 
 of Great-Britain, may do in the 'Kingdom of England: And the Chief Juftice 
 of this Province for the Time being, and his Aftbciates, may put in Execution 
 fo much of the faid Common Lavi^ of England vi\'&i\n this Province, (except as 
 before excepted) as any of the Juftices or Judges of any of the Courts of 
 King's Bench, and Common Pleas, or Commiffioners of Oyer and Terminer and 
 General Goal Delivery, may do in the 'faid Kingdom of England: And every 
 Officer, Minifter, or Under-Officer of. this Province, ftiall execute fo much of 
 the faid Laws within this Province, (except as before excepteo; as any OfFicer, 
 Minifter, or Under-Officer, of the fame Name, Stile, Power, and Authority in 
 the Kingdom of England, may or bUght to execute within the fame. 
 
 peniity en Per- VII. ANB he it further Ena5led, hy the Authority afcrefaid. That every 
 
 SrDutfintUe P^tfon rcfpcdively whatfoever, who derives any Authority or Power, Judicial or 
 
 Minifterial, from and by this Ad, who ftiall,. or doth negled, rcfufe, or omit 
 
 to 
 
L A ky S o/" North-Carolina. 303 
 
 to do and execute all or any fuch Things which, by the Ads before enumerated, ^- ^ *749- 
 
 or made of Force in this Province by this Aft, or required to be done and exe- ^ '^ ' 
 
 cuted, (hall undergo fuch Fenakies, forfeit fuch Sum or Sums of Money, Lofs l" Law"." 
 of Place or OfHce, for each fuch Neglecft, Refufal, or OmifTion, "as every re- 
 fpective Magiftrate, Officer, Minifter, and other Perfon whatfo.ver within the 
 Kingdom of England, ougiit to undergo, forfeit, and fuffer, by every of the 
 faid feveral and refpcctive Acts ; to be profecuted, recovered, and difpofed, ac- 
 cording to the Directions of the fiid feveral Acts, in any of the Courts of Record 
 within this Province, except where the Punilhment of any of the above Offences 
 is particularly mentioned and appointed, by any Law now in Force in this 
 Government. 
 
 VIII. AN D be it further EnaHed, by the Authority aforffzid^ That the Go- 02i£ei.r«ii 
 vernor, the Chief Juftice of the Court of Common hleas, tor the Time beings 
 
 and his Aflbciatts, and every other Officer, Miniftcr, Under-Officer, and every 
 other Perfon whutloever, concerned in the Execution of any t!ie above enumera- 
 ted Acts, Ihall and may take fuch and fo much Fees, for the doing and execu- 
 ting every Matter and Thin^ contained within the faid Acts, as by the feveral 
 Atts of Aflembly of this Province, made lor the afcert^ining Officers Fees, they 
 may or ought to take and receive j any Thing in any of the Statutes mentioned 
 in this Act to the contrary, notwithftanding. 
 
 IX. AND be it further ErtoMed, by the Authority aforefaid^ That every Court Po«ercf c«urt» 
 of Record within this Province, (hall be taken for, and have and execute, the ^"^ RewKJ. 
 Power of the King's or Queeti's Court, mentioned in any of the before reci- 
 ted Ads. 
 
 X. AND he it further EnaEfed^ That all Conveyances or Settlements of ^^^^ ,„„, cs 
 Lands or Tenements made in this Province, by Way of Bargain and Sale, or Urls7dri!red 
 ctherwifr, {hall be as good and efftdual in Law, to all Intents and Purpofes ^'^^' 
 whatfoever, as if the Statute for transferring Ufcs into Polleflfion, had been made 
 
 of Force in this Prbvirkre at the lime of fuch Conveyances made. 
 
 XL AND h it further Ena£ied^ by the Authority aforefaid^ That all the Sta- j,^,^^^^, ^ J 
 tute Laws of the Kingdom of England^ which are not enumerated and inade of Force here." '' 
 Force fn thi^ Province by this Ad,- (fuch only excepted which relate to, or con- 
 cern his Majcfty's Cuftoms,- and the Ads of Trade and Navigation,) are hereby 
 declared noC adapted, or appUcable to, the Circumftances of this Province. 
 
 XII. PROVIDED nevehhekfs^ ai/id he it hereby EnaSfei and Declared^ s^^^^^^ ^^^^ 
 That bccaufe few of the Statute Laws of the Kingdom of England^ made fmce the "i^'ie fince '" 
 Eleventh Year 6f the Reign of his prtfent Majefty King George the Second, have 
 been tranfmitted to this Province ; // is hereby Enabled, That all Statute Laws 
 made within*the Kingdom of England fince the faid Eleventh Year of t!ie Reign 
 of his faid Majefty King George the Second, fhall be deemed, conftrued, and 
 taken, to have fuch and the fame Relation and Force in this Province, and all 
 his Majefty's Subjids, inhabiting or dwelling in the fame, as the fan^e mightg 
 could, or ought to have had, if this Ad had never been made. 
 
 Gea. 2j of Tojce 
 heie. 
 
 not ts> 
 
 XIIT. PROVIDE!) dfo^ That this Ad, of any enumerated Act, or ThiaAa 
 Claul^^, or Paragraph, or Section, of any Act therein contained, fhall not be '^5'",fe"'f "f^"^ 
 conftrut d^ of ext, nucd to alter the ufual Courle of Proceedings in the fevcral c4";ngs" in'ths' 
 Courrs of ludicciture in this Province; and the Manner of drawing, balloting, or C"»'"^«=« 
 choofiiig ot Jurymtn, as the fame is prefcribed by* the Laws of this Province in 
 in i\-\<xt Cuf: made and provided, and all other the Acts of AfTembly of this Pro- 
 V !CCv rcLtiii^ to the regulating Procccedings of the Courts of Judicature in this 
 
 Province, 
 
304 
 
 LA W S of North-Carolina. 
 
 A. D. 
 
 1749- Province, are hereby declared to be of as full Force and Virtue as if this Act had 
 never been made ; and the above enumerated Statutes of the Kingdom of Eng- 
 land, arc hereby Enaded to be put in Execution in this Province, as to the fub- 
 ftandal Parts,, and fo as not to alter the ufual Proceedings in our Courts in this 
 Province, and the faid Jury Ads : Any particular Claufes or Paragraphs in the 
 above enumerated Ads, with Refprd to the particular C\vcmx\^.ir\ct^ oi England, 
 being, or feeming to be to the contriry hereof, in any-wifc, notwithftanding. 
 
 CHAP. II. 
 
 An AGl, to revive a Claafe in an A51 of the General AJfembly of this 
 Pro'vi?ice, intituled. An Ad:, to fix a Place for the Scat of Govern- 
 ment, and for keeping Public Offices ; fbr appointing Circuit Courts, 
 and defraying the Expence thereof ; and aifo for Eftabhfhing the 
 Courts of Juftice, and regulating the Proceedings therein ; pajjed the 
 Fifth Day of December, One I'houfand Seven Hutidred and Forty 
 
 Prcijnttle. 
 
 Claufs revived. 
 
 Continuance of 
 
 I. T^ 7 HERE A S, by an Act of the General Al5embly of this Province, 
 y Y paffed the Fiith-Day ot December^ One Thoufand Seven Hundred and 
 Forty Six, intituled, jfj* A^i, to fix a Place for the Seat of Government^ and far . 
 keeping Public Offices -, for appointing Circuit Courts, and defraying the Expence 
 thereof; and alfo for EJlallifhing the Courts of Jufitce, and regulating the Proceed- 
 ings therein -, it is, among other Things, Enaded, That a Tax of Four Pence, 
 Proclamatipn Money, per Foil, Annually, Ihail be levied on each and every tax- 
 able Perfon within this Province, for and during the Term of Three Years, and 
 no longer -, to be applied towards defraying and paying the Chief Juftice and 
 Attorney-General, as a Recompence for their Trouble and Expence of going the 
 Circuits, as in the faid before recited Ad rnay more fully and at large appear: 
 And whereas the Time limited by the afore recited Ad, for levying and coUcd- 
 lUg the faid Tax of Four Pence, Proclamation Money, is near expiring! 
 
 II. B E it therefore Enaded, hy his Excellency Gabriel Johnfton, Efq; Gcver- 
 noTy hy and with the Advice and Confent of his Majejifs Council, and General 
 Affembly of this Province, and it is hereby Enacted, hy'tbe Authority of the fame^ 
 That from and after the Expiration of the Time limited in the faid Claufe of the 
 aforefaid Ad, the faid Tax of Four Pence, Proclamation MoneVi per Poll, fhall 
 continue to be levied, Annually, on each and every taxable Perfon within this 
 Province, in fuch Manner as by the faid before recited Ad is direded ; and fhall 
 be paid to the Trcafurer of the Diflrid where fuch Tax is levied refpedively, and 
 by him applied towards defraying and paying the Chief Juftice and Attorney- 
 General, as aforefaid; Any Thing in the b£ix)re-recitcd Ad to the contrary, 
 notwithftanding. 
 
 III. AND he it further Enabled, hy the Authority aforefaid. That this Ad 
 fhall continue and be in Force for the Term of Three Years, next after the Faf- 
 fing thereof, and from thence to the End of the next SefTion of the General Af- 
 fembly of this Province, and no longer. 
 
 CHAP 
 
L A fV S of N O R T H-Ca RO L I N A. 305 
 
 CHAP. III. * — ^ — ' 
 
 An additicnal A5i to an A£ty intituled^ An Adt, to provide indifTerent 
 Jurymen in all Caufes, both Civil and Criminal, and for an Allow- 
 ance for their Attendance. 
 
 I. xTTHEREAS, by an Ad, intituled, An A5iy to prcvide vtdifferent iveambk. 
 
 YY Jurymen in all Caufes^ both Civil and Criminal^ and for an Allowance 
 for their Attendance \ it is Enacted, That once in Six Months, at each and every 
 County Court within this Province, next after the Firft Day of January^ and 
 the Firft D-y of July, Yearly, in open Court, the Juftices of each and every 
 County Court, together with the then Grand Jury, fhall elect and choofe a 
 certain Number of the Freeholders of their feveral Counties, to ferve as Jurors 
 at the next General Court, Court of Affizc, Court of Oyer and terminer and 
 General Goal Delivery, to which, by the Law now in Force, or any Law here- 
 after to be made, they ought to attend j which Manner and Time of making 
 fuch Choice of Jurors as atorefaid, is found inconvenient and impracticable : 
 
 II. B E it therefore EnaHedy by his Excellency Gabriel Johnfton, £/^> Co- Manner of ip, 
 'vernor, by and with the Advice and Confent of his Majefiy's Council, and the P"^'*'"*£ J"°"' 
 General .jffenib'y of this Pr evince, and by the Authority of the fame. That fro tn 
 and aft.^r tne Faffing of this Act, once in Six Months, 'at each and every County 
 Court within this Province that fhall happen next after the firft Day of June and 
 the firft Day of December; Yearly, the Freeholders required by Law to atttcnd as 
 Jurors, from each County refpectively, at the next General Court, Court of 
 Afiize, Court of Oyer and Terminer and General Goal Delivery, fhall be elcded 
 in open Court, one Half of their Number by the Juftices then fitting in Court, 
 and the other Half by the then prefcut Grand Jury, by a Majority of Votes of 
 the faid Juftices and Grand Jury refped:ively, and not otherwife; and the faid 
 Juftices and Grand Jury fhall diftinguifh the Names of fuch Perfons as fhall be 
 fo chofcn for the Grand Jury, from the Petit Jury, to ferve as aforefaid j and 
 fuch Perfons only fhall be of either of the faid Juries, as are by them fo nomina- 
 ted and diftinguifhed : Any Law, Cuftom, or Ufage, to, the contrary, notwith- 
 ftanding. 
 
 CHAP. IV. 
 
 An A6i, jor altering, expUining, and continuing an A5i, intituled^ An 
 A<5t, for the better regulating the Militia of this Government. 
 
 I-TT^HEREASan Aft, intituled. An A£l, for the better regulating of 
 
 VV the Mlitia of this Government, made the Twenty Eighth Day of June, ^''""^'*' 
 One Tfioufand Seven Hundred and Forty Six, was to continue for Three Years, 
 and from thence to the End of the next SefTion of AfTembly ; which Time is now 
 near expired ; which A6t, by Experience, is found to be a good and necefTary 
 Law: 
 
 II. B E it Enacted, by his Excellency Gabriel Johnfton, Efq; Governor, hy and ^a co.tiB«<, 
 with the Advice and Confent of his Majejiy's Council, and General Affembly of this 
 Province, and by the Authority of tht fame. That the faid Ad, intituled. An Act, 
 for the better regulating the Militia of this Government^ Ihall, from and after 
 
 H 4 this 
 
3o6 L A IV S of North-Carolina. 
 
 A. D 1749. this prcfent Seflion of AlTembly, (except as herein altered and explained,) be and 
 ^— — V — "^ continue in Force for the Terin of Five Years, and from tlunce to the End of 
 the next Seffion of the General Affennbly, and no longer. 
 
 III. A N D whereas by the laid Aft. it is Enaded, That it fhall and may be 
 lav/fui for one Field Officer, or more, Four Captains, Four Li. uttnants, Three 
 Enfigns, or the IVJajority of them, with one Pield Officer, openiy to hold a 
 Court- Martial, and, on Tryal and Convi6tion, to punifh the Offender or Offen- 
 ders according to Martial Law, as the Nature of the Crime fhall require : Be if 
 Court-M«tiai therefore Enacted, by the Authority aforefaids That from and after the I'afling of 
 ^IX orToifen- this Att, the Powers granted to fuch Courts-Martial, ihail not be underftood or 
 <*'"• conilrued, to impower any fuch Court to inliict the Funilhraent of Death on any 
 
 Oifcndtr or Offenders v;hatfoever. 
 
 Captains to muf- jy. B E it further Enacted^ hy the Authority aforefaid^ That from and after 
 ■\lL\w:«ea'yrar. this preicnt SeffiOH 01 Affembly, each and every Captain of a Company, fli sii 
 
 and may, at fuch Times and Places in their refpedive Diftricls as thty (hall judge 
 
 convenient, Muiler their f^veral Companies twice in every Year, and ho morj ; 
 
 Any CLiufe in the before-recited Adr, Ufage, or Cuftom, to the contrary, not- 
 
 wjtftandirig. 
 
 CHAP. V. 
 
 ^n AB, to appoint a Public T'rcafurer^ i?i the Room of Edward Mofeley, 
 
 Rfq-y deccafed. 
 
 prtambk. L "TT 7 HERE AS, by an Ad, intituled, An A£f^ to appoint Public Trea^ 
 
 VV furers^ the Honourable Edward Mofeley^ Efqj was conftituted Public 
 
 Tjreafurer for the Counties of Craven^ Carteret, Onflow, Netjo-Hano'ver, Bladen, 
 
 Jehnjion, Beaufort, and Hyde ; and the faid Office having become vacant, by the 
 
 Death of the faid Edward Mofeley, Efqj 
 
 Treai'jier ap. II. BE it therefore Ena£led^ by his Excelkncy Gabriel Johnfl:on3 Ef<i\ Governor, 
 pjwttd. ^^ ^^^ ^;^^ ^jj^ Advice and Confent of his Majefiy's Council c^nd General y^ffembly 
 
 of this Province, and by the Authority of the fame. That the Honourable Eleazer 
 Allea, Efq; be, and is hereby appointed Public Treafurer for the faid Counties of 
 Craven, Carteret^ Orjlow, New-Hanover, Bladen, "jchnfion, Beaufort, and Hyde^ 
 in the Room of the faid Edward Mofeley^ deceafed : Which faid Treafurer (hall, 
 before he enters upon his faid Office, give Bond, to our Sovereign Lord the 
 King, his Heirs and Succeffors, in the Sum of IVo Thoufand Founds, Sterling 
 Money, for the faithful Difcharge of his laid Office : Which Bond fliall be lodg- 
 ed in the Secretary's Office. 
 
 ?tbii?Mnn'erto ^^^^ ^ ^ ^ ^' ^^ furthtr Enacted, hy the Authority aforefaid^ That the Sherifs, 
 •beTrMfijttT. and all other Perfons concerned, or who have been conttrned, in the Colledling 
 or Receiving any Public Money, within the refpcdlive Counties of Craven, Car- 
 teret, Onflow, flew-Hanover, Bladen, Johnfion, Beaufort, and Hyde, who have 
 not already accounted for and paid the fame to the aforefaid Edward Mofeley, F.fq; 
 deceafed, flial), upon Oath, account for and pay to the faid Eleazer Allen, Hfq; 
 all the Money fo by tliem refpedively received, or which by Law tht y ought to 
 have received, and are accountable for j under the Penalty of Tv/tnty Pounds, 
 Proclanr^ation Money., 
 
 IV. ANJD 
 
L A PF S £/"__N o R T H - Carol i n a. 307 
 
 ^1^ T-r49. 
 
 IV. A'N'D hcit further. Enact^d^ by the Authority a for ef aid ^ That: ail and every '^ — "^'' ' 
 
 the Sherifs, and ochcr i^erfons, v/ho fliall be concerned in the Colkding and Re- nlliibe'c^ rncd 
 ceiving the Public Moneies hereafter to be collected and received within the fe- '""^"^iEi'^b- 
 veral Counties above mentioned, rtiall, the Week afttr the next fucceeding rou.u"w';th the 
 Genrral Court following the Time appointed by Law lor their Collecting or Re- Trejfuier. 
 ceiving thereof, upon Oath, account for and pay the lam.e tq.the Public Trea- 
 
 furer aforeLid, at Newbern^ u'ntler the Penalty of Tweaty, Pounds»^ Proclamati- 
 on Money. 
 
 V. AN B he it further EnaHed, by the Author: ty aforefaid. That the Tiid Tr^sfur-r to hz 
 Public Treafurer is hereby authorized, impowered, and required, to f.ie and pro- Neglca'"thert.n! 
 fecute all fuch Sherits or othe r Ferfons v/ho have heretofore been, or fhali here- 
 after be, concerned in the Collecting or Receiving the Public Money, or who 
 
 have or Ihall, at any Time hereafter, have any of the faid Money in their Hands 
 v/ithin the faid Countit-s, and (hall neglect or refufe^to account for and pay the 
 fame, and alfo on the feveral Bonds given by each and every of the faid Sherifs 
 or other Perforis in any of the faid refpective Counties, for the due and faithful 
 Performance of their feveral Offices and Duties j and tTie Ckrks of the fcveral 
 County Courts, and every other Perfon or Perfons, having fuch Bond or Bonds, 
 Account or Accounts, or other Papers, in his or their Keeping or Paflefnon,.. is 
 and are hereby directed and required to deliver the fame to the Public Treafurer 
 aforefaid of fuch County where the faid Bond or Bonds was or were given, or 
 Accounts or other Papers lodged, when he Ihall demand the fame, 
 
 VI. A N B be it further Enacted, by the Authority aforefaJd^ That the ftid Treafurer to ao«' 
 Public Treafur.r fhall, from Time to Time, as often as rcquirtd, upon Oath, "^'''""t "^''"^ '^"^ 
 account for and pay to the General Aflembly^ all fuch Sums of Money which he ' " "" ^' 
 fhall receive by Virtu^ of this Act ; for which Trouble he Ihall be allowed Five 
 
 per Cent, on all the Monies by him received' and paid into the Alfembly, (except 
 the Money he fliall receive from the Exe< utors of the faid Edvmrd Mofeky, Efq ; 
 which was lodged in his Hands for building the Forts,) and may deduct the fame 
 accordingly, as aforefdid. 
 
 VII. 4 N B be it Enacted, That the Penalties in this A<fl: mentioned, Ihall Penalties how to 
 be fued.for and recovered, in the General Court of this Province, by Adtion of g^'j-jj''"'^'' ^"^ 
 Debt, Bill, PUint, or Information ; wherein no Effoign, Protection, Injunftion, 
 
 or Wager of Law Ihall be allowed or admitted of; Two Thirds whereof fliall be 
 applied to the Ufe of the Public, and the other Third to the Treafurer aforefaid, 
 
 VIII. A N B he it further Enacted, by the Authority aforefaid. That this A<5t cmtimunce .f 
 fnall continue in Force fo long as the Adt before mentioned j tor appointing Pub- the Aft. 
 
 lie Treafufefs, and no longero 
 
 C H A p; 
 
LA IV S of North-Carolina. 
 
 V*. D. 1749 
 
 ^^ — .^^ CHAP. VI. 
 
 Jn A£fy to Confirm the fcverd A5li of Affembiy of this Province therein 
 mentioned^ as Revifed by the Com?mJJio?ier s appointed by an A5i of the 
 General AJJembly of this Province^ intituled^ An Adt, for appointing 
 Commiffioners to Revife and Print the Laws of this Province ; and 
 for granting to his Majefty, for defraying the Charge thereof, a Duty 
 . on Wine, Rum, and diflilled Liquors, and Rice imported into this 
 Province ; and fuch other Laws of this Province as have been paffed 
 fmce the faid Revifal -, and to dire^i the Printing of the f aid Laws, 
 
 a^ciBAU. I. "17^ 7" H E R E A S the whole Body of the LaSvs of this Province, to the 
 
 VV Seventh Day of March^ in the Year of our Lord One Thoufand Se- 
 ven Hutivited and Forty Six, have, in Furfuance of the Act, For appointing 
 Conimijfwners to Reiife and Print the La'xs of this Province ; and for granting to 
 bis Majejiyt for defraying the Charge thereof ^ a Duty on fFine, RuWi and difiilkd 
 LiquorSy and Rice imporied into this Province^ palled the Seventh Day of March, 
 in the Year of o.ur Lord Cne Thoufand Seven Hundred and Forty Six ; and the 
 Act, To alter and amend an Act, intituled^ An Act, for appointing Commif- 
 fioners to Revife and i rint the Laws of this Province •, and tor granting to his 
 Majifty, for defraying the Charge thereof, a Duty on Wine, Rum, and diflilled 
 Liqiiors, artd Rice imported into this Province, pafTed the Fifteenth Day of 
 October^ in the Year of our Lord One Thoufand Seven Hundred and Forty 
 Eight-, been carefully Compiled and Revifed, and the faid Revifal laid before 
 both Houfes of this prefent Affembiy, and approved of by the faid Ploufes : 
 
 II. W E pray that it may be Enacted, Jnd be it Enactedf by his Excellency 
 Gabriel Johnfton, Ef^-, Governor^ by and with the Advice and Confent of his Ma' 
 Jefry*s Council^ and the General Affembiy of this Province., and by the Authority of 
 the fame^ That the Lv hi Acts palled at a General Biennial Affembiy, held at 
 the Houfe of Captain Richard SanderfoUy at Little River^ begun the Seventh 
 Day of Novemhery in the Year of our Lord One Thoufand Seven Hundred and 
 Fifteen, and continued, by fcvcral Adjournments, until the Nineteenth Day of 
 January^ in the faid Year of our Lord One Thoufand Seven Hundred and Fif- 
 teen, intituled as follows i to wit^ 
 
 T.»ic5 tt A^s Coroners appointed. 
 
 jiff^i 1715. Ah A(5t, to dired the Method to be obfervcd, in the Examination and Com- 
 
 mitment of Criminals. 
 
 An Aft, to dire£t the Difpofal of Goods taken upon Execution; and for the 
 better Regulation of DiltrclTes heceafter to be made for Levies and Quit- 
 Rents. 
 
 An A6V, concerning Appeals, and Writs of Efror. 
 
 An Act, concerning old Tides of Land \ and for Limitation of Actions, , and 
 foi" avoiding Suits in Law. 
 
 Feme Coverts how to pafs Lands. 
 
 An Act, for prevenung Difputes concerning Lands alteady furveyed. 
 
 An Act, concerning Efcheat Lands, and Efcheators. 
 
 An Act, to regulate divers Abufes in the taking up of Lands •, and to afcer- 
 tain the Method to be obfervcd, from henceforth, in taking up and fur- 
 veying Lands. 
 
 An Ad, for Entring of VelTels, and to prevent the Exportation of Debtors. 
 
 An Ad; concerning Roads, and Ferries. 
 
 An Aft, To encourage the Building of Mills. 
 
 An 
 
L A W ^ of NORT H-Ca R O L I N A. 309 
 
 An A61, To appoint Public Regillers, and to dircft the Method to be ob- '^- ^ ^749-. 
 
 ft-rved in conveying Lands, Goods, and Chattels > and for preventing frau- ^"" ^ - 
 
 duleac -Deeds artd Mortgages. 
 An Kd:, for afcercaining the Gauge of Barrels, and to prevent Frauds in Pork, 
 
 Beef, Pitch, and Tar. 
 An A61-, appointing Toll-Books to be kept at or near Catherine's Creek, 
 
 in Chowan Precintl:, the Head of Pequimons Precinft, and at the Mouth of 
 ' Nortbwejl Rivtr, in Currituck Precinct -, and to prevent Perfons from tranl- 
 
 porting or driving- Plorfss, Cattle, or Hogs, to other Perfons Lands. 
 What P^ences are futiicient. 
 Private Burials prohibited. 
 An A(ff, Concerning proving Wills,' and. granting Letters of Adminiftration ; 
 
 and to prevent Frauds in the Managment of Intcftates Eftates. 
 An A<5t, concerning Orphans. 
 An Ail, for appointing a Town in the County of Bath -, and for fecuFing 
 
 the Public Library belonging to St. Thomas'^ Parilh, in Pamplko. 
 An A61:, for reilraimng the htdians from molefting or injuring the Inliabitants 
 
 of this Government ; and for fecuring to die Indians the Right and Pro- 
 perty to their own Lands. 
 Public Treafurers to give Account. ^ ' 
 
 An AdV, impowering Joc.nnah Peterfon^ W^idow of 'Thomas Peterfrnt^ lafe of 
 
 Albermark County, Elq \ to make Sale of certain Lands, Jate belonging 
 
 to Che faid Thomas Peter [on ; and to make other Provifion for Anna^ the 
 
 . Daughter of the laid Thomas Peterfon, to whom the laid Lands do dcfcend. 
 
 An A61, confirming the Titles of fundry Perfons who have, or hereafter may,' 
 
 purchafe Lands of Colonel Thomas Cary^ in Bath County. 
 
 And the LaW pafied in tile Year of our Lord One TTHoufirid StYzri Hundred Aap^rr^diyap. 
 and Twenty, intituled as follows ; to tvit. 
 
 An A.61, to confirm a Decree made in the Court of Chancery of this Frovmce, 
 upon a Bill of Complaint exhibited by William Duckenfield^ Efq; 
 . . ^.../ , ..'.', .,.-■.. 
 
 And the Laws palTed at a General Biennial AfTembly, held at Edenton in Cho- '722- 
 wan Precinct, begun the Second Day of Oofohcr, and continued, by feveral Ad- 
 journmentSi to the Nineteenth Day of O^ober, in the Year of our Lord One 
 Thoufand Seven Hundred and Twenty Tw<j, intituled as follows ; to 'ijcit^ 
 An A61, for a Road from Core-Pomt to Newbern^ on Neus River. 
 Art additional Acft to an A6t, intituled. An A£t^ appointing Toll-Books. 
 An Adf, appointing that Part of Albemarle County, lying on the^^'ejr Side of 
 
 Chowan River, to be a Precind, by the Name of Bertie Precinft. 
 An Act, appointing that Part of the Southwejl Piirifh of Chowan^ that lies on 
 the South Shore, and Alligator^ to be a diftindt Parifh, by the Name of the 
 South Parifh of Chowan ; and for appointing Veflrymen for the fame Parilh. 
 An Act, for fettling the Precinct Courts,- and Court-houfes. 
 
 ■\ And the Laws pafTed at a General Biennial Afiembly, held at Edenton^ the ^T'-z- 
 Twenty Third Day of November, in the Year of our Lord One Thoufand Seven 
 Hundred and Twenty Three, intituled as follows j 
 An Act, for fettling the Titles and Bounds of Lands. 
 
 An Act, for an additional Tax on all free Negroes, Mulattbes, Muftees, 
 and fuch Perfons, Male and Female,' as now, or hereafter Ihall be inter- 
 married with any fuch Perfons, refidcnt in this Government. 
 An additional Act, to an Act,' intituled. An Act^ concerning proving JVills, and 
 granting Letters of Admimfiration j and to prevent Frauds in the Manage ■ 
 ment of Intejiates EJia.t<s. 
 
 An 
 I 4. 
 
3IO Z/^/^-So/* North-Carolina. 
 
 ^- o- 1749- An Act, to reftrain the keeping too great a Number of Horfes and Mares, 
 
 v. — ^ ' ^1^^ fQj. amending the Breed. 
 
 An Act, for the better fettling of the Town of Newbertty in the Precinct of 
 
 Craven. 
 An Act, for incorporating the Sea Poft of Beaufort^ in Carteret Precinct, into 
 a Tbwnfliip, by the Name of Bcatifort'. 
 
 Aaipafleai727. . And the Laws paffed at a General Biennial J\flembly, held ni Edenton^ xhc 
 Sixth Day of November, in the Year of our Lord One Thoufand Seven Hun- 
 dred and Twenty Seven, intituled as follows \ to wit^ 
 
 An Act, to appoint the Ncrtkwefi Parifh of i?(?r//> Precinct a diftinct Parifh, by 
 the Name of the Northwcji Parifh of Bertie Precinct, and for appoint- 
 ing Vellrymeh for the faid Parifh ; and to appoint CommifTioners in every 
 Parifh in this Government to call the Churchwardens and Veftry to Ac- 
 count, for the Parifh Money by them received. 
 
 ^,\,-. And the Laws paffed at a General Biennial AfTembly, held at Edentcn^ the 
 
 Twenty Seventh Day of November, in the Year of our Lord One Thoufand 
 Seven Hundred and Twenty Nine, intituled as follows ; 
 
 Ad: A6t, for the more quiet fettling the Bounds cf the Meherrin Indians Lands. 
 An Ad, to make Hyde Precind fcperate from Beaufort Precind, with Power 
 
 of erecting a Court-houfe, and holding Courts. 
 An Ad, to appoint that Part of Albemarle County lying on the BouthSi^t. of 
 
 Albemarle Sound, and Moratuck River, as high as the Rainbow Banks, to 
 
 be a Precinct,- by the Name of Tyrell Precinct. 
 An additional Act to an Act, for appointing Toil-Bookss •, and for preventing' 
 
 People from driving Horfes, Cattle, or Hogs, to other Peoples Lands. 
 An Ad, for the more effectual and fpeedy putting in Execution the Act foi* 
 
 fettling the Titles and Bounds of Peoples Lands^ 
 An Ad, to confirm Bath-Tcwn Common. 
 An Ad, for Regulating Veftries in this Government^ and for the better in- 
 
 fpecting the Veftrymen ..nd Churchwardens Accounts, of each and every 
 
 Parilli in this Government. 
 
 7734, And tlie Laws pafTed in fehe Year of" our Lord One Thoufarid Seven Hundred 
 
 and Thirty Four, intituled as follows ; to ivit. 
 
 An additional Act to an Act, concerning Roads and Ferries. 
 An Ad, to confirm and eftablifh the Precincts of Onflow and Bladen, and for 
 appoiMling them diftinct Parishes. 
 
 r7j8. 
 
 And the Laws paffed at a General Affembly, held at Newberyx, the Sixth Day 
 of March, in the Year of our Lord One Thoufand Seven Hundred and Thirty 
 Eight, intituled as follows 5 to -wit. 
 
 An Ad, for appointing Sherifs in the Room of Marfhals of this Province, for 
 prefcribing the Method of appointing them, and for limiting the Time of 
 their Contmuance in Office, and directing their Duty therein -, and for abo- 
 lifhing the Office of Provofl Marfhal of this Province, and for altering thft 
 Names, of the Precincts into C6unties. 
 An Ad, to prevent killing Deer at unfeafonable Times. 
 An Ad, for appointing a Town on the Plantation whereon William Webber 
 now dwelleth, in Hyde Precinct, on the Wefi Side of Malchapungo River. 
 
 . And the Laws paffed the Eighth Day of March^ in the Year laft above faid, 
 iiUituled, 
 An Ad, to fupply the Defect of an Act pafTtd lafl Seffion of AfTembly, inti- 
 tuled/ ^« yf^?, for app aiming Sherifs in ths Koim of Marffoals of this Pro- 
 
LAWS of North-Carolina. 
 
 31 
 
 vincCy for prefcribing the Method of appointing them^ and for limiting the ^- ^ '^49- 
 
 J'ime of their Continuance in Office, and dire^ijig their Duty therein ; an^ '' "v ' 
 
 for abolijhing the Office of Provoft Marfhal of this Provmcey and for al- 
 tering the Names cf the Precincts into Counties. 
 
 And the Laws pafied at a General AlTembly, held zt Ncwhern^ the Twenty Aa«piflidi739. 
 Fifth Day of February^ in the Year of our Lord One Thoufand Seven Hundred 
 and Thirty Nine^ intituled as follows ; to wit. 
 
 An A<ft, for prefcribing the Method of proving Book Debts. 
 
 An Ad:, for ereding the Village called Newton, in New-Hanover County, 
 into a Town and Townlhipj by the Name of JVilmington. 
 
 And the Laws paffed at a General Afiembly, held at Edenton, the Twenty 1740. 
 Firft Day of Auguft, in the Year of our Lord One Thoufand Seven Hundred and 
 Forty, intituled as follows ; to wit. 
 
 An Adl, for confirming the Titles to the Town Lands of Edentcn, for fecuring 
 the Privileges heretofore granted to the faid Town, and for further En- 
 couragement and better Regulation thereof. 
 
 An Aft, to enable the Commiflloners herein after appointed^" to erect and finilh 
 a Church at Newbern, in Craven County and Parith, in the Province aforc- 
 faid, and for the better regulating the faid Town ; and other Furpofes 
 therein mentioned. , . 
 
 An Aft, to enable the Commlflioners herein after mentioned, to finilh the 
 Church already begun at Edenton. 
 
 An Aft, for the further and better Regulation of the Town czWtd. Wilmington, 
 in New-Hanover County, and to eftablilh the Church of the Parilh of Sto 
 James^ to be built in the faid Town. 
 
 An Aft, for the more effectual eftabiifliing a Ferry from Bath-Town to Core- 
 . Point, i^c. . 
 
 An Aft, to exempt the Inhabitants of Bath-Town from working on the Pub- 
 lic Roads, and to oblige the faid Inhabitants to clear and keep the Streets of 
 the faid Town clear and in good Order. 
 
 An Aft, to .enable the Juftices of 'Tyrrel County to build a Warehoufe on 
 Scuppernong, for receiving of his Majefty's Quit-Rents. 
 
 An Aft, for granting an Aid to his Majefty, to defray the Expences of tranf- 
 porting the feveral Troops inlifted in his Majefty's Service in this Colony, 
 and to afcertain the Method of paying all Taxes and Levies in Commo- 
 dities ; and for other Purpofes therein mentioned. 
 
 And the Laws palled at a General" A fieriibly, held at Edenton, the Fourth Day 
 bf April, in the Yeai* of our Lord One Thoufand Seven Hundred and Forty 
 One, intituled as follows •, to wit^ 
 
 An Aft, concerning Marriages, , •. . 
 
 An Aft, to make and Confirm that Part of the Main Road leading from 
 Bennetts Cr^ek Bridge to' Virginia, joining to Mr. Henry Baker*s, in Chowan 
 County, altered for the Conveniency of the Public by the adjacent Inhabi- 
 tants, to be the Main and Public Road, 
 
 An Aft, to appoint Conftables. 
 
 An Aft, to confirm and erect that Part of the Province of North-Carolina^ 
 called Edgcomb County, into a County, by the Name of Edgcomb County, 
 and eftablilhing the faid County a Parifh ; and for afcertaining the Boundary 
 Line between the Notlhwefi and Society Parifhes, in Bertie County. 
 
 An Aft, to prevent ftealing of Cattle and Hogs, and altering and defacing 
 Marks and Brands, and mifmarking and milbranding Horfes, Cattle, and 
 Hogs, unmarked and unbranded. 
 
 An 
 
 J741. 
 
312 LAWS o/' North-Carolina. 
 
 --iihsr — — ' ■- 
 
 ■i D. TJ41). j\j^ _/\it, lor afctrtaining the Boundary Line between Tyrrel County, and 
 
 — -^ ^ Beaufort County •■, aad between Edgcomb Qdunty^ and ?3;re/ ^nd Beaufort 
 
 Counties. 
 
 An A(5l, tor reftraining the taking of exceflive Ufury. 
 
 An A£l:, for appointing and laying out a Town on or near Aliitam's Point, 
 on the Soulh Side of Nezv River, in Ofijlow County, by the Name of Jokn- 
 . fion. 
 
 An A6t, to prevent the taking Boats, Canoes, or Pettiaguas^ from Landings, 
 or elfewheie, without Leave. 
 
 An A6t, for the better Obfervation and keeping of the Lord's Day, commonly 
 called Sunday ; and for the more sfttdual Suppreflion of Vice and Immo- 
 rality 
 
 An Adt, for the Tryal of fmall and mean Caufes. 
 
 An Ad-, for aiccrtaining the Damage upon protcfted Bills of Exchange. 
 
 An ild:, for regulating Weights and Meafures. 
 
 An Adl, for the building and maintaining of Court-houfcs, Prifons, and 
 Stocks, in every County within this Province, and appointing Rules to 
 each County Prilon ior Debtors. 
 
 An A61, the better to enable the Commiflioners appointed for building a 
 Church at Newbern, to ered the fame, and to impower them to demand 
 and receive ot any l^erfon or Perfons, all Parifh Levies already laid^ and not 
 appropriated ; and for other Purpoies therein mentioned. 
 
 An Adii for regulating Ordinaries, and for the P^eftraint of Tippling-houfes. 
 
 An AdV, for the Relief of fuch Perfons as have fufFered, or may fuffer, by 
 Neglc(ft of the Regiftcfs of the feveral Counties within this Province, im 
 regiftring their Deeds or mefne Conveyances ; as alfo for "Want of acknow- 
 ledging and proving, or, through Ignorance and Neglect, not applying to 
 have the fame regift red. 
 
 An A61, for eftablifliing the Church, for appointing Parirties, and the, Me- 
 thod of electing Veflries •, and for directing the Settlement of rParilh Ac- 
 counts throughout this Government. 
 
 An Ad, Concerning Servants and Slaves. 
 
 .Impaired 1 7+1. And the Law paffed at IVilmhigion, in the faid Year of our Lord One Thou- 
 fand Seven Hundred and Forty One, intituled as follows-, to wit^ 
 
 An Ad, for erecting the upper Part of Bertie County into a County, by the 
 Name of Northampton County, and for regulating the Limits between Society^ 
 Parifh and the Northwefi Parifh of Berlie % and for removing the Seat of 
 Bertie Court. 
 
 mj. 
 
 And the Laws paffed at a General Affembly, held at Edentcn^ the Second Day 
 of A'priU in the Year of our Lord One Thoufand Seven Hundred and Forty 
 Three, intituled as follows ; to wit^ 
 
 An Act, to regulate Elections for Members to ferve in General AfTembly for 
 the feveral Counties, to declare who fhall be qualified to vote in the faid 
 Elections, or to be elected a Member of the General Affembly,- for any of 
 the faid Counties ; and to direct the Method to be obferved in taking the 
 Poll at the feveral Elections in the Counties and Towns in this Province. 
 An Act, for obtaining an exact Lifl: of Taxables, and for the effectual col- 
 lecting as well all Arrears of Taxes, as all other Taxes, for the future, due 
 and payable. 
 An Act, to impower the Jufticts of Beaufort County to build two fubfcantial 
 Warehoufes, at the Places hereafter mentioned, in the faid County, tor the 
 _ Uie and Conveniency of the Inhabitants paying their Taxes and Levies. 
 An i^ct, to afcertain what Attornies Fees fliall be taxed and allowed, in any 
 Suit or Action brought in any of the Courts of Record in this Province.- . 
 
 All 
 
L. A W S &/'Nortk-Carolina. 
 
 313 
 
 An Act, ibr making and clearing a Highway from Edentcn-, into the Road ^- ^ '749- 
 Jc;ading over Mr. Hojkin'% Mill Dam, towards Peqii:mons Court-houfe, and "^ 
 for erecting Bridges in fuch Road, and alfo another Gate at Edenton. 
 
 -- v- 
 
 An Act, for erec^img a Court-houfe, Frifon, and Stocks, in Bertie County, 
 and for Jaying a lax on the inhabitants Oi the faid County, for defrayino- 
 the Charge thcrtof. 
 
 And the Laws pafil'd at a General Alk-mbly, held at Newkrn, the Twentieth 17+s. 
 Day of Jpri'-, in the Year of our Lord One Thoufand Seven Hundred and 
 Forty Five, intituled as follows; to %vit^ 
 
 An additional A(5t to an Ad:, intituled. An A£f, for appohitmg Sherifs in the 
 Room of Marjhnh of this Province^ for •prefer, b.ng the Method of appointing 
 them^ and limiting the Time of their Continuance in Office, and dir citing their 
 Duty therein -, and for altering the Names of Freeing s into Counties. 
 
 An additional Ad to an Ad, intituled. An A£ly to prevent killing Deer at ttn- 
 feafonable Times, and for putting a Stop to many Ahufes committed by whit: 
 Perfons, tinder Pretence of hunting. 
 ■ An Ad, for impowering the fevcral ComrnilTioncrs herein after named, tcJ 
 make, mend, and repair all Roads, Bridges, Cuts, and Water- Courfes, al- 
 ready laid our, or hereafter to be laid out, in the fcveral Counties and Dif- 
 trids herein after appointed,- in fuch Manner as they fhall judge melt ufe- 
 fol to the r'ublic. . . 
 
 An Ad, for erecting a Fortification on the lower Part of Cape-Fear River,' 
 for applying thereto the Powder Money already arifen, or which fhall arife, 
 by Shipping coming- into the Port of Brunfzvick. 
 
 An Ad, to appoint Commiffioners in the Place and Stead of thofe deceafed,' 
 to compleac and finilh the Church at Ne'xbern, and for adding the prcfenC 
 Churchwardens and Veftrymen to the faid Commiffioners •, and for impow- 
 cring the faid Commiffioners,' Churchwardens, and Veftrymen, to call the 
 former Commiffioners to Account, for all the Monies by them received for 
 the Ufe of the laid Church," and to appropriate it to the Purpofcs aforefaid j 
 and in Cafe of Infufficiency, to lay a Levy to accompliffi the fazne. 
 
 An Ad, to add that Part of the Province called Matamuskeet, »nd Lake, to- 
 Hyde County. 
 
 An Ad, to impov/er the Commirfioncrs for the Town of Ed^enton,' to keep ia' 
 R-epair the Town Fence, and to erect and build a Pound, Bridges, and 
 Public Wharf, and Market-houfe ; as alfo to erect and build a School- houfc 
 in the faid Town, and other Purpofes therein mentioned. 
 
 An Ad, for trhe better regulating the Town of Wilmington, and for confirming 
 and efbablilhing the late Survey of the fame, with the Plan annexed. 
 
 An Ad:, for fencing the Town of Bath, and re-furveying the Common be- 
 longing to the faid Town, and exempting the Inhabitants from working on 
 the Main Road; and to give Liberty to the Inhabitants to build and im- 
 prove the Front or Water" Lots, and to appoint Commiffioners for the 
 Purpofes aforefaid. 
 
 An Ad, to encourage Perfons to fettle in the Town of Brunfwick, on the 
 Southwefi Side of Cape-Fear River.' 
 
 An:l the Laws pafled at a General Afiembly, held at Newhern, the Twenty '?**'" 
 Eightlv Dsy of Jum, in the Year of our Lord One Thoufand Seven Hundred 
 and Forty Six, intituled as follows ; to wit. 
 
 An Ad, for the better regulating the Militia of this Government. 
 An Ad, for f rectin;; tne upper Part of Craven County into a County and 
 I^'mI!;! ; an.i ir.-: a.;>p' inang a Place for building a Court-houfe,' Prifon, and 
 S':ock-s, ::. :iie faid County. 
 
 K 4 Ar' 
 
2i^ L A V/ S ^' N O R T H - C A R O L IN A. 
 
 A D 17.1.9 An Atft, tor dividing hdgcomb County and i^arifh, and for erecting the upper 
 
 V ^ ^' p. J.,, thereof into a County and Parifh^ by the Name of Granville County, 
 
 and St. John'% i^arifh j and for appointing Veftrynien of the faid Parifh. 
 
 ^iis pjffod 1746. ^nfi jhe Laws paficd at a General Aflembly, held at Wilmington, the Fifth Day 
 bf December^ in the Year of our Lord One Thouiind Seven Hundred and Forty- 
 Six," intituled as follows •, to wity 
 
 An Act, for the better afcertaining the Number of Members to be chofen for 
 the fcveral Counties within this Province, to fit in General AlTembly, and 
 for eftablifhing a more equal Reprtfentative of all his Majefty's Subjects in 
 the Houle ot Burgeffes. • * ' 
 
 An Act, to fix a Place for the Seat of Government, and for keeping Public 
 Offices-, for appointing Circuit Courts, and defraying the Expence thereof n 
 and alfo fpr LftabUihing the Courts of Juflice, and regulating the Procee • 
 > ings t|ierein. 
 
 And the Law paffed at a General Afiembly, held at Newhert?, the Seventeenth 
 t)ay of M.'^rcb, in tlie Year of our Lord One Thoufand Seven Hundred and 
 forty Six, intituled as follow? •, fo ivit, 
 
 " An Act, for appointing CommifTioners to Revife and Print the Laws of this 
 Province, and for grantirig to his Majelfy, for defraying the Charge thereof, 
 s Duty on Wine, Rum, and diftiiied Liquors, and Rice imported into this 
 Province , 
 
 ■i^ii. And the Laws paiTen at a General AlTembly, held at Netvberny the Sixth Day 
 
 of /Iprih in the Year of our Lord One Thoufand Seven Hundred and Forty 
 Eight, intituled as foUov/s •, to -wit. 
 
 An Act, to appoint Public I'reafurers, 
 
 An Act, for regulating the fevtral Officers Fees within this Province, and af- 
 ^ certaining the Method of paying the fime. 
 
 An Act, for laying a Tax on the Inhabitants of Granville County, and for 
 appointing CorammifTioners to compleat and Hnilh the Public Buildings al- 
 ready begun in the faid County. 
 
 An Act, to prevent the Expc;rtaticn of raw Hides, Pieces of Hides, and 
 Calf 'Jkins, out of this Government. 
 
 An Aft, to appoint Commiflioners to continue running the Boundary Line 
 between Edgcomb County, Tyrrel, and Part of Beaufort Counties. 
 
 An Act, for Deflroying of Vermin in this Province. 
 
 An A (ft, to enlarge the Time for the Commifiioners of the Roads, appointed 
 by the Act of AiTcmbly paffed April the Twentieth,- One Thoufand Seven 
 Hundred and Forty Five, intituled, Art Afc^ fcr impcwering the feveral 
 Comm^JJioners herein after named., to make, mend, and repair all Roads and 
 Bridges, Cuts and Water-Ccurfes, already laid out, cr hereafter to be laid out^ 
 in the feveral Counties and T>ifiri5ts herein after appointed, in fuch Manner 
 as they fhall judge moft ufeful to the Public, to recover the feveral Sums due 
 
 from Defaulters. j /^ • • 
 
 An Acf, to provide indifferent Jurym.en in all Caufes both Civil and Criminal, 
 
 and for an Allowance for their Attendance. 
 An A<51, to alter the Times for holding Courts for the County of New-Hanover. 
 An Aft,- for granting unto his Majcily the Sum of Twenty One Thoufand 
 Three Hundred and Fifty Pounds Proclamation Money, and for Stamping 
 and Emitting the faid Sum of Twenty One Thoufand Three Hundred and 
 Fifty Pounds, Public Bills of Credit of this Province, at the Rate of Pro- 
 clamation Money, to be applied towards building Fortifications in this Pro- 
 vince, Payment of the Public Debts, exchanging the prefont Bills of Cre- 
 dit, and for miiking proper Provifion for defraying the contingent Charges 
 
 of 
 
L A JV S of N O R T H - C A R O L I N A. 
 
 315 
 
 of the Government; and foi Repealing the fcveral Laws herein alter men- ■^- ^^- '"'49- 
 tioned. *^ — V ' 
 
 And the Laws pafTed at a General Affembly, h;-ld at Newbern^ the Fifteenth Aas paired 174?. 
 Day of October., in the f.iid Year of our Lord One Thoufand Seven Hundred and 
 Forty Eight, intituled as follows -, to wit^ 
 
 An Act, to appoint a convenient Place for holding the County Court of Grcn- 
 ville, and 'to impower tiie Com miffi oners hrreaker nimed to build a Court- 
 houfe, Prifon, and Stocks, in the faid County. 
 
 An A6t, for defraying the Expencc of the Members of his Majefty's Honour- 
 able Council, and the Members of the General Afiembly or this Province, 
 in their travelling to, from, 'and attending at the faid AitTemblics ; and to 
 compeil their Attendance. 
 
 An A6t, for afcertaining the Bounds of a certain Tract of Land, formerly laid 
 out by Treaty, to the tJfe of the ^ujkercra Indians, fo long as they, or any 
 of them, fhall occupy and live upon the fame -, and to prevent any Perfon 
 or Perfons taking up Lands or fettling within the faid Bounds, by Pretence 
 of any Purchafe or Purchafes made, or that fhall be made, from the faid 
 Indians. 
 
 An Act, for forming a Rent-Roli of all the Lands holden in this Province, for 
 quitting the Inhabitants in their Poiieirions, and for directing the Payment 
 of Quit-Rents, 
 
 An Act, to appoint an Agent to follicit the Affairs of this Province, at the 
 feveral Boards in England. 
 
 An Aft, for the better regulating the Town of Newhern^ for fencing the 
 fame, and fecuring the litles of the feveral Perfons who hold Lots in the 
 faid Town. 
 ■ An Act, to alter and amend an Act, intituled," An A5f^ for appointing Cont' 
 mij[Jioners to Revife and Print the Laws of this Province, and for granting fe> 
 his Majcfty, for defraying the Charge thereof, a Duty on Wine, Rum, and 
 difiilkd Liquors^ and Rice imported into this Province. 
 
 And the Lavv^s pafifed at a General AfTembly, held at Neivhern, the Fourteenth 
 Day of April, in the Year of our L,ord One I'houfand Seven Hundred and Forty 
 Nine, intituled as follows -, to wit. 
 
 An additional Act, to an Act, intituled," An ASf^ for forming a Rent-RoU of 
 all the Lands holden in this Province, for quieting the Inhabitants in'^their 
 Pcff:ffions, and for directing the Payment of ^lit Rents. 
 
 An Act, for the Relief of poor Debtors, as to the Imprifonment of their 
 Perfon'5. 
 
 An A6t, for tlic Encouragement of" Jantes Davis, to fet up and carry on his 
 Bufmefs of a Printer in this Province -, and for other Purpofes therein men- 
 tioned. 
 
 An xAd, Directing the Method for cutting or docking Incails of fmall Eflates.' 
 
 And the Laws paiTcd this prefent Seflion of Aflembly,' at Newhern, the 
 Sixteenth Day of OStoher, in the Year of cur Lord One Thoufand Seven Plun- 
 dred and Forty Nine, intituled as follows •, to wit,: 
 
 An Aft, to put in Force in this Province, the feveral Statutes of the Kingdom 
 
 of England, or South Britain, therein particularly mentioned. ' 
 An Act, to revive a Claufe in an Aft of the General Affembly, intituled. An 
 A£I, to fix a Place for the Seat of Government, and for keeping Public Offices; 
 for appointing Circuit Courts, and defraying the Expcnce thereof; and alfo for 
 Eflablijhing the Courts of Jnfiice, and regulating the Proceedings therein. 
 An additional Aft to an' hit, intituled. An Act, to provide indifferent Jurymen 
 in all CaufeSi Civil and Criminal, and for an AUovjanct for their Attendance. 
 
 An 
 
 I743-, 
 
3 1 6 L A Jy S O/' N O R T H - C A R O L I N A. 
 
 "•%•' 
 
 Th'. 7 fort 
 
 1/49 An Act, for altering, explaining, and continuing an Act, intituled. An Jcf, 
 for the better Regulating the Mditia of this Government. 
 An Acf, to apppoint a Public Treafurer, in the Room of the Honourable Ed- 
 ward Mofeley^ Lfqv deceafed : And every Claufe and Seftioti of them, and each 
 U'rAar.ieciJred of them, (except fuch Claufe and Claufcs, Se6tion and Sections, which are be- 
 >- be m F«rce. come oblolcte, have expired, or ftand and are repealed by any fubfequent Act of 
 the General Afiembly of this Province herein before mentioned j) are hereby Con- 
 firmed, and ihall be held, deemed, and taken to be and remain in tuU Force 
 ■within this Province ; and lliall be Printed, and given in P>idencr, agreeable to 
 the afore- mentioned Act, intituled. An /ict, for appinting Ccmn.iffwncrs to Revifr 
 and Print the Lavjs of this Prcvifice, and fcr granting to his Mqjtjly, for defray- 
 mg the Charge thereof^ a Duty on Wine, Rum, and difiiUed Liquors^ and Rice 
 imported into this Province ; and the Act, intituled, yln Act, to alter and amend 
 an Act, intituled. An Act, tor appointing CommifTioners to Revife and Print the 
 Laws of this Frovince, and for granting to his Maj^fty, for defraying the Charge 
 thereof, a Duty on Wine, Rum, and diiiilled Liquors, and Rice imported int« 
 this Province. 
 
 Whit s-ecis t^s III. AND be it further Enacted, hy the Authority cforefaid. That all Fine* 
 ft«rai FiHes are ^^^ Forfeitures mentioned in any of the before recited Laws, where the particular 
 Species of iMoney is not fpecialiy named, the fame fhall be undcrflood, deemed, 
 and adjudged i:o be Proclamation Money, and none other. 
 
 Lnws repealed, IV. AND he tt furthcr Enacted, hy the Authority aforefaid. That all and 
 &c. and Titles gygj-y Act and Acts, Claufe and Clauf.Si Section and Sections, of all and every 
 £ printed. ^^^ ^^^ ^^^ ^^ ^^ General Affembly of this Province^ in the faid revifed Law« 
 or Acts of the faid General Aflembly, mentioned to be obfolete, expired, and 
 repealed •, are hereby Enacted and Declared to be obfolete, expired, and repeal- 
 ed j and the Titles, with fuch Note only, be printed, 
 
 4.11 Things her.- V. PROVIDED always never thckfs^ and it is hereby Enacted, That all 
 
 fofore done hy ^^^ evcry Judgment, Order, Decree, or Sentence of any Court heretofore given 
 
 l2Tnol re- oT paffed, and^ll and every Matter or Thing heretofore done and performed, by 
 
 ?'*'-cdVahi' ^^' ^'^y O^^cer or Officers:^ Judicial or Miniflenal, or by any other Perfon or Per- 
 
 fons whatfoever, in Virtue, and by Force of any Act or Acts, Claufe or Claufes, 
 
 of ^ny Act or Acts of the General AiTembiy of this Province, in the faid revifed 
 
 Laws* mentioned to be obfolete, expired, or repealed, fhall be deemed, _ held,- 
 
 and taken to be good and valid in Law, to all Intents and Purpofes, as if the 
 
 faid Acts were continued and in full Force ; any Thing herein before contained.- 
 
 to the contrary, in any wife, notwithftanding. 
 
 SIGNED by 
 
 Gabriel Johnston, ^fqj Governor,' 
 
 Nathaniel Rice, Prefident.' 
 
 Samuel S w a n n , Speaker. 
 
 Anno 
 
LAWS o/' North-Carolina. 317 
 
 Anno Regni 
 
 G E O R G II IL 
 
 Regis, Magna j^ritanni^, Francis, & 
 Hibernia, Viceffimo Tertio. 
 
 At a General ASSEMBLY, held at Ne^whertu the c a > « i e * 
 Seventeenth Day of Aiarchj in the Year of our Lord One ^'^s co'"a«- 
 Thoufand Seven Hundred and Forty Nine. 
 
 CHAP. I. 
 
 An AB^ for Eredfing the Upper Part of New-Hanover County into €. 
 County and Farijh^ by the Name of Duplin County^ and St. Gabriel 
 Parijh j and for appointing a Place for building a Court-houfe, Prifon, 
 ajid Stocks, in the faid County, 
 
 I. XTI 7" H E R E A S the County of New-Hono'ver is now become fo Very ex- Preamble, 
 
 V V tenfive, that many of the Inhabitants thereof live very remote from the 
 Place where the Court of the faid County is held, whereby a great many Difficul- 
 ties and Hardfhips arile to the Upper Inhabitants thereof, not only in attending 
 their ordinary Bufinefs in the faid Court, but alfo by being compelled to ferve as 
 Jurymen, and oftentimes as Evidences, at the faid Court : For Remedy whereof, 
 
 . II'. W E pray that if may be Enacted, And be it Enacted^ by his Excellency Divifion of tfee 
 Gabriel Johnilon, Efy-, Governory by and imth the Advice and Confent of his Ma- ^''""'y* 
 jefty's Council^ and the General Ajfembly of this ProvincCy and by the Authority of 
 the fame. That New-Hanover County be divided by a Line, beginning at the 
 Mouth of Rock-fifh Crt-ek, on the North~Eo.fi River of Cape-Feary running Eafi 
 !«o Onfloix) County, and Wefiward, by a ftreight Line from the Mouth of the faid 
 Creek, to the Upper Forks of ^lack River, where Cchecry and the Six Runs 
 meet, thence up Cohecry to the Head thereof-, and that the Upper Part of the 
 faid County be crcd^ed into a County,' by the Name of Duplin County, and St. 
 Gabriel Parifh : And that the faid Cdunry and Parifh (hall enjoy all the Previlcges 
 and Advantages that any oth^r County and Parifli in this Province now holds 
 or eiijoys. 
 
 L 4^ m. ANS^ 
 
3 1 8 L A IV S o/" N O R T H - C A R O L I N A. 
 
 ^. D. 1749. 
 
 <^ v' ' III. AN D be It further Enabled^ by the Authority ^/i??"(?/2z;V/, That the Courts 
 
 County ''^wL'n of the faid County Ihali be held on the Second Tuejdays in January^ April, July't 
 ^^^'^- and O^ober. 
 
 Firfl Court when IV. AND he it further Ena£ied^ That the Juftices of the faid County, or the 
 
 CoartSfe,&c. MajoHty of them, fhall hold their iirft Court at the Houfe oi William McRee, at 
 
 to hi buiit.'and Gcfoen, and then and there nominate and appoint a certain Place for building a 
 
 divw^^n^oD.f- Court-houle,' ir'rifon, and Stocks, at the molt proper Place in the laid County i 
 
 tr;as, &c. 2iT\<i Ihall further divide che faid County into Diftncts, and appoint Commiffioncrs 
 
 of the Roads for the Lme •, and ihall alio make fuch Orders and Rules tor ereil- 
 
 ■ ino- the faid Buildings,, and running the Dividing Line afortfaid, at the proper 
 
 and equal ExperKe ol" the Inhabitants of the fame, by a Poll-Tax, not exceeding 
 
 One Shilling rroclamation Money, per Year, for Thfee Years, and no longer. 
 
 «^.>mm:(Tiiners V. A N D be it furthcr EnaEled^ That Mr. John Sc.mpfon^ and Capt. Henry 
 1-7 ';"'->»• Hyrne, be, and are hereby appointed and authorifed Coromifiioners ; and arc 
 
 hereby im powered and direded to run the faid dividing Line between the Coun- 
 ties of New-Hancver, and Buflin. 
 
 Y\, AND he it further Enacted^ by the Auihcrity cforefaid. That William 
 -'■criffappou-ittd. j^^^^^^ jj^jj^_ ^^^ and is hereby appointed Shtritf of the faid County, until the 
 ■ Time by Law prefcribed for appointing Sherits tor the fevcral Counties in thiar 
 i-'rovince and fhall be veiled with all the Powers and Authorities any other She- 
 riff or Slierifs in this Province is and arc vefted with. And to the End that no 
 Aftion beo-un in New-Hanover County, be defeated by the Divifion atorefaid, 
 
 iprocefs com- -"^ft'E'E: tt Enttcted^ by the Authority aforefaid^ That where any Action is 
 n«n«dmJVCTu>- ^|j.g^^^„ commenced in the fiid Court of New-Hanover Cownty, and that the 
 Sums'nr Parties or Evidences [hall be inhabitants of the County of Duplin, all fublcquent 
 Du[4i», to be pj.yctfs ao-ainft fuch Parties or Evidences, fliall be diredled to be executed by the 
 shlrtrcfM^. Sheriff ^(^ Neiv- Hanover County: Any Law,- Ufage, or Cuilom, to the con- 
 Hano^cr. traty, • notwithftanding, 
 
 V (Vrymen rp- VIIL AND he it further Enacted, by the Authority af ere faid. That Mr. 
 *''"'"'• John Sompfon, Mr. William McRee, Mr. George Mears, Mr. Francis Brice^ 
 
 Mr. William Houfton, Mr. Jofeph Williams, Mr. John Herring, Mr. Anthony 
 Cox,- Mr, Mark Philips, Mr. John 'Turner, Mr. Thomas Suggs, and Mr. Charles 
 Gavin, be, and are hereby appointed Veftrymen of St. Gabriel Parilh aforefaid, 
 until the General Election of Veftrymen, according to Law ; and that the faid 
 Veftrf men Ihall be fummoned by the Sheriff of the faid County of Duplin, to 
 meet at the Place appointed by this Ad: where the Court is to be held, and qua- 
 lify themfeives as a V'eftry, and proceed to Parilh Bufinefs. 
 -.*•-• - . 
 
 •■■' - IX A HD be it further Enacted, That all Public, County, and Parifn Levies, 
 
 :?lneft!rry Vow duc from any of the Inhabitants of the faid County of Duplin, fhall be col- 
 he sh.r,ft of ^, , , , Sheriff of New-Hanover County, and accounted for m the fame 
 Manner as if this A^: had not been made. 
 
 ou^un ccunty X. A N D he it further Enacted, by the Authority aforefaid. That the faid 
 to i:nci Juror. .0 Q^^^^^^ ^f DubUu be, and is hereby obliged to fend Jurors to the Courts ot 
 ^t'"''" Aflize, Oyer and Terminer, and General Goal Delivery, to be held ^.tWilmtngton, 
 m like Manner as the Counties of Bkdm and Qpf.ovj, 
 
 CHAP, 
 
^ . . — ■ ■ " "i 
 
 LAWS o/^ North-Carolina. 319 
 
 CHAP. II. 
 
 A. D. 1-49. 
 ' V- — - 
 
 for app 
 in the faid County. 
 
 I- T TS r H E R E A S the County of Bladen is nov/ become fo very extenfive, Pieambi^, 
 '>.'. Vy •• that many of the Inhabitants thereof Uve vtry remote from the Place 
 vvhere the Court of the Hiid County is held •, whereby a great many Difficulties 
 and Hardfliips arife to the Upper Inhabitants thereof, not only in attending their 
 ordinary Bufinefs in the faid Court, but alfo by being compelled to ferve^as Ju- 
 rymen, and; oftentimes as Evidences, at the faid Court : For Remedy whereof, 
 
 II. W E pray that it may be Eriafted, And he it EnaHed^ by his Excellency D:y;f,oB of the 
 Gabiiel Johniton, Eff, Govtrnor, by and with the Jdvue and Confent of his Ma- ^"'"^*>- 
 jeftfs Council, and the General Affcmbly of this Province^ and by the Authority 
 of the fame. That Bladen County be divided by a Line, beginning at the Place 
 where the South Line of this Province croffeth the Weftermofc Branch of Little 
 Pee-Dce River, then by a (treight Line to a Place v/here the Commiffioners for 
 runninc^ the Southern Boundary of this Province crolTed that Branch of Little Pee- 
 Dee River, called Drcwning Creek, thence up that Branch to the Head thereof^; 
 then by a Line^ to run, as near as may be, equidiftant, from Saxpahaiv River, 
 and Great Pee-Dee Rivef -, and that th^ upper Part of the faid County and Pa- 
 riib: fo laid off and divided; be ereded into a County and Parifli, by the Name 
 of Anfon County,' and St. George's Pariih, and that all the Inhabitants to the 
 Wefiivar^ of the afore-mentioned dividing Line, fhall belong and appertain to 
 Anfon Coimvf: And that the faid County and Pariih fhall enjoy all and every 
 €\Q Privilep-esy which any other County or Parilla in this Province holds or enjoys. 
 
 Til. AND hi it further Enacted, by the Authority aforefad. That it fhall and Ta^c w !.e \^\\: 
 may.be lawful, for the Juil'ices of the faid County to lay a Tax on all the Tax- 'g^S*%<:, 
 ables in the faid County, not exceeding the Sum of One Shilling Proclamation 
 lAQX\t^, per Annum, for the Term of Three Years, for building a Court-houfe, 
 Prifon, and Stocks, in the l;ud County, at fuch Place as the faid Juftices fhall 
 agree upon and appoint," at the County Court to be holden on the Third I'uefday 
 of October, ncyX following;- ancl fhall further divide the faid County into Dif- 
 tricts, and fhall appoint LommifTioners of the Roads for the fame : Which faid 
 V Tax fliall be Collected by the Sheriff of the faid County, at fuch Times, and in 
 the fame Manner as other County Taxes are coUefted. % 
 
 IV. AND be it further Enacted, by the Authority aforefaid. That the courts of iha 
 Courts of the faid County fhall be held, on the Third ^uefdays in January, April, ^--y «»>«" 
 July, and October. 
 
 V. AND be it further Enacted, That Jofeph White, be, and is hereby ap- sheriff appeintca. 
 pointed Sheriff xA the faid County of Anfon, until the I'ime prefcribed by Law 
 
 for appointing Sherifs of this Province ; and fhall be vefted with the fame Powers 
 and Authoriti-s,' as any othei" Sheriff of any other County in this Province is 
 vefted with. 
 
 VL AN D he it further Enacted, by the Authority aforefaid. That Mr. Jofeph v^ftrymcn ».-, 
 White, Mr. Charles Rohcrtfon, Mr. Edmond Cartkdge, Mr. IVUliam Philips, f'"""" 
 Mr. John Brandon, Mr. John Furbus^ Mr. James Carthy, . Mr, John Crawford^ 
 
!Pt<5cefs crmmen 
 
 ^20 L A J'V S of North-Carolina. 
 
 A. D 1749. jyAr. Alexander Ojhorn^ Mr. Walter Carieth, and Mr. Jchn Brevard^ be, and 
 v^ ' they are hereby appointed Veftrymen of the faid Parilh of St. George's, until the 
 General Election of Vtllrymen, according to Law ; and that the faid Veftrymeil 
 fhail be fummoned by the ShtrifF of the faid County, to meet at fuch Time and 
 Place, as the Majority of the faid Veftryrnen fhall appoint, and qualify them- 
 fcives as a Vcftry, and proceed to Farifli Bufinefs. 
 
 .-?,;-. CMnt; VII. J N D he it further Enacted, That ail County and Pari fh Taxes, nov^ 
 
 katd 'by''^the ' due from any of the Inhabitants of the faid County of Anfon, fhall be Collefted 
 Sheriff of 5/fl<;ea. |jy [j^^ Sheriff of Bladen County, and accounted for in the fame Manner as tho* 
 this A6t had not been made. 
 
 VIII. A N D to the End, that no Action commenced in Bladen County be de- 
 feated, by the Divifion aforefaid, 
 
 IX. B E it Enaciedy ly the Authority aforefaid. That where any Aftion is al- 
 ready commenced in the faid County of Bladen, and that the Parties or Eviden- 
 
 bUantsof i«/iB, ces Ihall be Inhabitants of Anfc7i Countyj all fubfequent Procefs againft fuch Par- 
 thp'"sheL^ff^ cf" ties or Evidences, Ihall be diredcd to be executed by the Sheriff of Bladen 
 siadtn. County, to the End and final Determination of the faid Caufes : Any Law, Ufage, 
 
 or Cultom, to the contrary, notwithflanding. 
 
 X. AND he it further Enacted, by the Authority aforefaid. That the faid 
 ^/°eci^o f"n$ County of Anfon be, and is hereby obliged to fend Jurors to the Courts of 
 jnr. rs to wii- Afllzf, Ojcr and 'Terminer, and General Goal Delivery, to be held at IVilmington, 
 *,r.gton Afl-u... .^ j-j^^ Manner as the Counties of Blcden and Onpw. 
 
 c pt A P. in. 
 
 An additlo?ial AS} to an A£t, for obtaining an exaSf Lifi of Tauahles ; 
 and for the effeBiial Collecling as well all Arrears of Taxes, as all other 
 Taxes, for the future due and payable, 
 
 J. XTTHEREAS Doubts have arifen, what Perfons fhall be deemed and 
 \^ taken for taxable Perfons in this Province, and no Law now in Force 
 does afcertain the fame : For Remedy whereof, 
 
 preamble. 
 
 p.rf ns deem.d H- ,B E it EnaSted, by his Excellency Gabriel johnfton, Efq-, Governor, ly and 
 lixabies. .^ifjj ijyg jthice a}id Confent of his Mc^jejly's Council, and General Affembly of this 
 
 Province, end by the Authority of the fame. That all and every white Perfon, 
 Male, of the Age of Sixteen Yearsy and upwards, all Negroes, Mulattoes, Mui- 
 ttes, Male or Female, and all Perfons of mixt Blood, to the fourth Generation, 
 of the Age of Twelve Years, and upwards, and all white Perfons intermarrying 
 with any Hegroe, MulrToc, Muftte, or other Perfon of mixt Blood, while fo 
 intermarried, and no other Perfon or Perfons whaifoever, fhall,be d'^emed Taxa- 
 bles ; Any Law, Ufage, or Cuflom^ to the contrary, notwithflanding. 
 
 IIL A N D whereas it fomctimes happens, that through the Death or Removal 
 of the fevcral Conllables out of their refpc<5live Counties, the feveral Mafters, 
 Mifbrciles, or Overfeers, are not duly fummoned to appear, and give in, upon 
 Oath, their refpedive Lifts, whereby Deficiencies have happened, and DifputeR 
 ai'ifcn; For Remedy whereof* 
 
 IV. Bl 
 
L A JV S of North-Carolina. 321 
 
 A. D. 1749. 
 
 IV, B E it Enactedy by the Authority aforefaiiy That every Mafter or Miftrefs ^".""X""!,,,-: 
 ©f a Family, or OverHjer of a Plantation, of which there is no Mailer or MJitrefs, funsVee'rainrto 
 v/ii;hin the County, akliough not fummoned, is hereby required to appear before f,7T.i'"hpt£ ^au 
 one of his Majefty's Juiliccs of the Peace for the County, on or before the fecond ti...-' not'/»m- 
 Court to be held for the County, after the Pirft Day^ of May^ Ycady, and to '"°°'-"^' 
 
 give in his or her Lill of laxabJes, fttting forth in fuch Lift, the Name and 
 Sex of each Taxable Perfon, whether white or black, bond or free, and dif- 
 tinguifhing fuch Male Slaves as are Sixteen Years of Age, and upwards -, under 
 the Penalty of Forty Shillings, Proclamation Moneys over and above Twenty 
 Shillings, like Money, for each and evey Month he or fhe fhall negledl giving 
 in fuch Lift, after the faid Second Court to be held for the faid County, after 
 the faid Firft Day of May : To be recovered in any Court, or before Two Juf- 
 tices of the Peace, according as the fame may be cognizable, by Adlion of Debt, 
 Bill, Plaint, or Information-, wherein no EfToign, Protedlion, Injunction, or 
 Wager of Law, fliall be allowed or admitted of: One Half to the Informer, 
 and the bthei* Plalf to be paid to the Juftices, for the Ufe of the County where 
 the fame Hiall b'e recovered. 
 
 V. A N D be it further EnaSled., That all fuch Perfon or Perfons refident in P«fon3 'not ha»- 
 iny County of this Province, at the Times Taxables are by Law to be inlifted, rhe,r°*l'n'ifthf 
 who have no Home or Dwelling of his or their own in fuch County, fhall, and county, to pro- 
 are hereby required, to procure fome Houfe-keeper to Lift him or them ; under k^per't'o'givTin 
 the fame Penalties and Forfeitures as by Law are inflidted on Matters of Families ^^^" ^'**' 
 negleding to give in their feveral Lifts, 
 
 ■ . ' ( . -• 
 VI.. AND the better to difcovef Concealments, Be it Efiacted^ by the Autho- cierk to tranf* 
 rity aforesaid. That the Clerk of each and every County Court, fh^^l, within Lift?,fTUhfbi>' 
 One Month next atter the Lifts of Taxables fhall be returned by the Juftices into «» ^he sheriff, *; 
 his Office, tranfmit One attefted Copy of fuch Lift, Yearly, to the Sheriff of t^fn r/offic? 
 the faid County ; and alfo, fliall affix One fair Copy in the Court-houfe, and 
 keep the fame' there conftahtly fet up, that all Perfons may have Opportunity 
 to perufe and examine the fame ; under the Penalty of Five Pounds, Proclama- 
 tion Money, for every fuch Negledl : To be recovered by Action of Debt, in 
 any Court of Record in this Province, by any Perfon who fliall or will fue for 
 the fame-, wherein no Effoign^ Injundion, or Wager, of Law, fhall be allowed 
 or admitted of : One Half to the Ufe of the Profecutor, and the other Half to 
 the Ufe of the Parifli wherein the Offence fliall be committed. 
 
 VII. AN D he it further Enacted, That the Juftices of the feveral County cierk to hjve am 
 Courts, ar^ hereby impowered, to make the Clerks thereof a proper Allowance ^"°'"*""'^"*' 
 out of the County Tax, for making out the faid feveral Lifts. 
 
 CHAP, IV, 
 
 An Acl, to enable the fujlices of the feveral Counties to provide certain 
 Law Books, for the Ufe of their County Courts. 
 
 !• W E, it Enacted, by his Excellency, Gabriel Johhfton, Efq; Governor, by and J,"j'"„' '"cHrft 
 
 J3 "with the Advice and Confent of his Majefiys Council, and General Affembly Law.Bgoki. 
 ef this Province, That the Juftices of each County Court within this Province, 
 iliall and may have full Power and Authority, in fome convenient Time, accord- 
 ?n;g t6 their Difcrerion, to purchafe and provide the Jateft Editions of the Law 
 
 M 4 Books' 
 
 Jf. 
 
322 LAWS of North-Carolina. 
 
 A D 
 
 y — ^ 
 
 1749- Books following, to wit -y Nelfon^^ Juflice, Cary'^ Abridgment of the Statutes, 
 
 ' Swhiburn of Wills, or Gcdolph.n's Grphm^s Legacy, and Jacoh\ Law Diftionary, 
 
 or ^ipi^ii's Inftitutes : Which Books, when provided, fliall be, for ever after, 
 for the Ufe of the County Court, and {hall be kept in the Offices of the feveral 
 Clerks, and conftantly, during the Stttmg of every County Court, laid, by the 
 Clerk of each Court, on the Court Table, iortheUfe and Perufal of the Jufticcs 
 of fuch Courts and of all fuch as may have any Matters depending in Court. 
 
 Penalty on the \\^ J N D be it further EncSfed., by the Authority afcrefaid^ That if any Coun- 
 
 ft'^ying'fuch ty Court Clerk Ihall abufe or deftroy, or fuffer to be abufcd or deftroyed, any 
 
 SauJu. ^f jj^g Books fo committed to his Care, he Ihall be lined, at the Difcretion of 
 
 the Court, for fuch his Negleft : Which Fine Ihall be applied towards repairing 
 
 the Lofs or Damage of fuch Books, occafioned by fuch Neglcd:. 
 
 T«tob€iaidfor ^^' AND be it further End^edi by the Authority aforefaid. That the Jyf- 
 fttrchjnngSooks. tjces in the feVcral County Courts, fhall have full Pov/er to lay fuch an additi- 
 onal Tax on their refpeclive Counties, as fhall be fuihcicnt to purchafe and pro- 
 vide the Books aforefaid •, and Ihall apply the fame accordingly. 
 
 CHAP. V. 
 
 Aft A5l, to encourage Michael Higgins to build a Bridge owr Trent 
 River y near Wickiiff'i terry, in Craven County 
 
 #'riv»fe. I. TTJ&HEREASa Bridge over I'rent River, near the Place called Wick- 
 
 YY //jf's Fen-y, would be much for the Convenicncy of all Travellers, 
 
 and Michael Higgi^is being deliours of building one there at his own Expence, on 
 
 Condition of having the Benefit thereof for the Space of Twenty Five Years : 
 
 IL BE it Ena£fed^ by his Excelk'/uy Gabriel Johnfcon, Efq'^ Gcvcmor, by 
 and with the Advice and Confent of his Mcjefiy's Council, and the General Affem- 
 bly of this Province, and by the Authority of the fame. That it ftiali and may be 
 lawful for the faid Michael Higgins, his Heirs or Afiigns, to efeft and build a 
 good fubftantial Bridge over Trert River, as near as he conveniently can to the 
 Place where the Main Road crofieth the faid River, near the Place commonly 
 called JVickl-.fs Ferry •, and after building the faid Bridge as aforefaid, it fhall 
 and may be lawful for the faid Michael Higgins, his Heirs, Executors, Admi- 
 niftrators, or AlTigns, to keep a fufficient Gate thereon, and take anc! receive 
 from all Perfons that fhall pafs over the fame, the following Rates v that is to 
 %, For every Man and Horfe, Four Pence -, for every Carriage drawn by One 
 or Two Horfes or Oxen, One Shilling ; and for ever Horfe or Ox more. Four 
 Pence each •, and for every Head of Neat Cattle, One Penny \ and for every 
 Twenty Hogs or Sheep, One Shilling, and fo in Proportion, for a gi eater or 
 lefTcr Number of Hogs or Sheep i for and during the Space of Twenty Five 
 Vcars, and no longer. 
 
 in. AND be it further Ena^ed^ by the Authority aforefaid^ That after the 
 faid Bridge is fo built and compleated as aforefaid, it fhall not be lawlul, during 
 the Time the faid Bridge fhall be kept in Repair, and fit for Travellers and 
 Carriages to pafs and repafs over the fame, for any Perfon whatfoever, to keep 
 any Ferry, build any Bridge, or fct any Perfon or Perfons, Carriage or Car- 
 riages, Cattle, Hogs, or Sheep, over the faid River, for Fee or Rev/ard, within 
 Six Miles of the fame,- during the Time aforefaid i under the Penalty of Twenr/ 
 
 Shillings/ 
 
LAWS o/' North-Carolina, 323^ 
 
 y^' 
 
 Shillings, Proclamation Money, for each and every Otfence : To be recovered ^- ^- ^7'i9-. 
 
 before any Magiftrate of the County of Craven j to be applied to the Ufe of the "^ " ^ 
 
 Proprietor of the Bridge built by the faid Michael Higgins\ and, during the faid 
 Time, the Right and Property of the faid Bridge is hereby invefted in the faid 
 Michael Higgins; his Heirsi Executors, Adminiitrators, or Affigns. 
 
 CHAP, VI. 
 
 An AB^ for af pointing and laying out a Toijon on the Plantation of Mr. 
 Samuel Jordan, on the North Side of Roanoake River^ in Northamp- 
 ton County J and for EJidblifiing Tivo Fairs to be held Annually therein. 
 
 I. "\ yl 7" H E R E A S the Inhabitants of 'Northampton County have petitioned 
 VV for an Act, for appointing a Town on the Plantation of Mr, Samuel 
 
 Jordan^ on the iV^j/Vi? Side ot Roanoake River, in Northampton County : 
 
 II. W E pray that it may be Ena<5ted, /^7td le it Ena^ted^ by his Excellency 
 Gabriel Johnfton, £/^-, Governor^ by and with the Advice and Confent of his Ma- 
 ■jejly 's Council^ and the General Jffembly of this Province^ and by the Authority 
 of the fame:. That as foon as the i roprietor 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, Samuel 
 Jordan.) William Short., William Kinchin^ Francis Corbin., and John Dawfon, are 
 hereby norninated and appointed Commiflloners, and they, or the Majority of 
 them, are hereby invefted with full Power and Authority, to lay out Thirty Six 
 Acres of Land, on the faid Plantation, for a Town, by the Kame of Hawns^ 
 ■and to lay out the fame Thirty Six Acres into Lots, of Half an Acre each, with 
 convenient Streets and Squai-es. 
 
 III. ^A ND be it further Enacted, That when the Commiffioners, or the Ma- 
 |oricy of them, have laid oiit the faid Town into Lots and Streets, as atorefaid, 
 every Perfon whatfoever who is willing to be an Inhabitant of the faid Town, 
 fhall have Liberty to take up any Lot or Lots fo laid out as aforefaid, and not 
 taken before ; v/hrch Lot or Lots the Commiffioners before appointed, or the 
 Majority of them, are hereby impowed to grant, convey, and acknowledge, to 
 the Perfon or Perfons fo taking up the fame, his Heirs and Afiigns, for ever, in 
 Fee, upon the Payment of Five Pounds, Proclamation Money, or the Value 
 thereof, to the Treafurer herein after mentioned. 
 
 IV. AND be it further EnaEled:, by the Authority aforefaid.,. That William 
 Short is hereby appointed Treafurer and Receiver of all fuch Sum or Sums of Mo- 
 ney, as fhall arife by the Sale of fuch Lots, for the L'fe hereafter mentioned; 
 
 ^ti\<i on the Death or Departure out of the Government, of the laid Treafurer, 
 the f;iid Commiffioners, or the major Part of them, fhall appoint fome other 
 Perfon Treafurer, in the Place of the faid Treafurer fo dying, or departing the 
 Government. 
 
 , y. AND be it further Etiailedy by the Authority aforefaid. That the Trea- 
 furer that ihall or may be hereafter appointed by the Commiffioners as aforefaid, 
 fhall give Security to the County Court, that he fhall and will account with, and, 
 pay in all the Monies he fhall receive, for the Sale of all and every the Lot or 
 Lots that (hall be fold, Yearly, on the Twenty Fifth Day of March, to Mr. 
 Ssrauel Jordan, or the Proprietor of the faid Lands, 
 
 YL PRO- 
 
 
 Privatt, 
 
L Jl W S of North -Carolin 
 
 w*. D. 1749. 
 
 ^— V— -^ VI. PROVIDED always. That if any Lot or Lots fhall be granted or 
 conveyed by the faid Commifiioners, to any Perfon or Perfons whatfoever, who 
 Jhall not, within Two Years, build a good fubftantial habitable framed Houfe, 
 hot of lefs Dimenfions tlian Twenty Feet in Length, and Sixteen Feet wide, be- 
 fides Sheds or Lentoes, or make fuch Prbparation foi" fo doing, as the Commif- 
 fioners, or the Majority of them, fhall, on View, think reafonable, fuch Grant 
 or Conveyance fhall be void, and it is hereby declared void and of none Effect, 
 as if the fame had never been made ; and the Commifiioners may grant and con- 
 vey fuch Lot or Lots which Ihall not be built on within the lime, and in the 
 Manner as is herein before direded, to any other Perfon or Perfons applying for 
 the fame, and paying the Money fot the faid Lot, as in this A6t is before di- 
 reded, for the Ufe of the faid Samuel Jordan, or other Proprietor^ as aforefaid. 
 
 VII. AND he it further Enacted, by the Authority aforefaid. That the 
 Commifiioners, or the Majority of them, fhall be, and they are hereby impow- 
 cred and authorized, to remove all Nufances within the Limits of the faid Town. 
 
 VIII. AND be it further Enacted, ly the Authority aforefaid. That no Perfon, 
 Inhabitant of the faid Town, or holding a Lot or Lots therein^ fhall inclofe the 
 fame, or keep the fame inclofed, under a common Stake Fence •, but every LoC 
 therein fhall be paled, or inclofed with Pofls and Rails fct up. 
 
 IX. AND be it further Enacted, ly the Authority aforefaid. That all Per- 
 fons, PofTefTors or Owners of any Lot or Lots in the faid Town, fliall,' within 
 Two Years from the Date 6f their Grant or Conveyance, clear, and keep con- 
 ftantly clear, their Lot or Lots, from all Manner of Wood, Under-wood, Brufh, 
 and Grubs ; under the Penalty of One Shilling, Proclamation Money, for every 
 Month fuch Owner or Owners of any Lot or Lots fliall negleft to clear or keep 
 the fame clear ; To be recovered by a Warrant from any Juftice of the Peace^ 
 and applied, by the faid Commifiioners, for and towards clearing the Streets in 
 the faid Town. 
 
 X. AND be it further Enacted, by the Authority aforefaid. That it fliall and 
 may be lawful for. the Inhabitants of the faid Town, to hold Two Fairs, Annu- 
 ally, in the faid Town of Hawns ; to wit. One on the Second ^uefday in the 
 Month of October, and the other on the Firft Tuefday in the Month of January i 
 during the Space of Three. Days at each Tim^ ; under fuch Rules and Regulati- 
 ons, and, as near as may be, agreeable to the Rules and Regulations that Fairs 
 are ufually held and kept in the Kingdom of Great- Britain. 
 
 CHAP. VII. 
 
 An additional A£t to an AB, intituled. An Ad, to fix a Place for th« • 
 . Seat of Government, and for keeping Public Offices ; for appointing 
 Circuit Courts; and 'defraying the Expence thereof; and alfo, for 
 Eflablifhing the Courts of Juflice, and regulating the Proceed- 
 ings therein, 
 
 I. "1 1 r H E R E A S by an A<5¥ of this Provinc^^ pafled at Wilmington, the 
 
 VV Fifth Day of December, in the Year of our Lord One Thoufand Se- 
 ven Hundred and Forty Six, intituled. An Act, to fix a Place for the Seat of 
 Government, and for keeping Public Offices, for appeinting Circuit Courts, and de- 
 fraying 
 
L A J'V S of N O R T II - C A R O L I N A. 
 
 •fraying the Expeace thereof ; and dfo for eflahllfolng the Courts of Jujl'.ce, aid -re- ^ '■• '^4:. 
 gulating the Proceedings therein ; amongft other Things it is Enacted, That the ^ 
 
 Chi:f Juftica of the Province i^r the Time being, or in Cafe of his Sicknefs or 
 DifibiUty, kich Perfon or i-'trfons as (Ball, from Time to Time, be appointed 
 by the Governor or Commander in Chief for the Time being, fhall, twice every 
 Year, hold a Court of Aflize, Oyer and Terminer , and General Goal Delivery, 
 at Edentcn, at IVdniinglon, and at Edgccnih Court-houfe, on the Days and Times 
 in and by the above recited Act fixed and afcertained t And whereas the CHief 
 Juftice and Attorney General muft necefiarily be at great Expence, in riding the 
 Circuits, arid holding the Courts at the refpedtive Places aforefaid, it is thereby 
 Enactcdi That the Chief Juftioe, for his Trouble and Expence, (hall receive the 
 Sum of Two rlundred Pounds, Proclamation Money, and the Attorney-Gene- 
 ral Sixty Six Pounds Thirteen Shillings and Four Pence, Proclamation Money, 
 Annually, to be paid out of the Tax laid for that Purpoie, by a Warrant under 
 the Hand of ttis Governcr or Commander in Chief for the Time being: 
 
 II. B E it Enacted; by his Excellency Gabriel Johnflon, Efr; Gcverncr, by and An^vance to tho 
 ivith the Advice and Confeni cf his Majefifs CcvnciU ^^d General Affemhly cf this ^^^Jf^^^:!^'' 
 Province, and by the Authority of the fame. That from and after the Ratification 
 
 of this Aft, the Chief Juftice Ihall be paid, in the Manner by the faid Aft pre- 
 -fcribed. Thirty Three Pounds Thirteen Shillings and Four Pence, Proclamation 
 Money, and no more, for everf Court ot Afiize, Oyer and Terminer, and Gene- 
 ral Goal Delivery, which he flaall hold at Edenton, at JVHmingtcn, and at Edgccmb 
 Court-houfe, or either of tliem ; and in Cafe of the Abfence cf the Chief juftice 
 aforefaid, and nor otherwiie, there (hall be paid to the CcmmiiTjoner or Commif- 
 fioners for every Court of Afuze, Oyer and Terminer, and General Goal Delivery, 
 which he or they lliall hold at any or either of the faid Places, the lik.^ Sum of 
 Thirty Three Pounds Thirteen Shillings and F9ur Pence': Any Thino- in the 
 above recited Aft to the contrary, notwithftanding. 
 
 III. AN D be it furl her Enacted, by the Authority afcrcfaid. That the Attor- Attom-v Cens- 
 ney-General for the Time being, fliall be paid, in the Manner by the above re- "i's Aiiowancc, 
 cited Aft prefcribed, for each and every Court of Afiize, Oyer and Terminer, and 
 
 General Goal Delivery, which he fhail attend at Eden ton, at TVihningicn, and at 
 Edgcomb Court-houfe, the Sum of Eleven Pounds Two Shillings and TJiree 
 Pence, Proclamation Money, and no more: Any thing in the above recited^ 
 Aft to the contrary, notwithftanding. 
 
 .IV. A N D whereas,' by ihe above _ recited Aft, it is Enafted, That an An- 
 nual Poll-Tax of Four Pence, Proclamation Money, per Poll, fhall be levied, 
 for the Space of Two Years, on all the Taxable Perlbns within the Province, 
 and collected by the Sherirs of the refpeftive Counties, at the Times all other 
 Taxes fliall be coilefted asd paid, to be paid and applied as therein mentioned; 
 that is to fay, all the Monies arifing by the faid Tax within the Counties of Cra- 
 ven, Beaufort, Hyde, Carteret, and Johnftcn, fhall be, by each Sheriff, at the 
 ufual Time, Annually; accounted for and paid to Mr. John Barrow, Mr. 
 James McLcweart^ Mr Thomas Pearfon, Col. Thomas Lovick, and Mr. John 
 Wefi, or the Majority of them, for and towards the Erefting the Offices, and 
 other Public Buildings, af Newbern Town, as they, or the Majority of them, 
 fliall think neceflary ami convenient: And whereas the faid Tax is found greatly 
 deficient for the Purpofes aforefaid, and the faid Commillioners having wholly 
 neglefted either to demand or receive the fame Tax, or to agree with any Per- 
 fon or Perfons to undertake the faid Public Buildings : For Remedy whereof, 
 
 V. B E it Enacted, end it is hereby Enacted, by ihe Authority aforefaid. That Comm-r,,;p.„ 
 Mr. John Starker, Mr. Edzvard Griffith, and Mr. Jeremiah Vail, be, and are ^^f^'^^<^^> 'it 
 
 N 4 hereby 
 
326 L A IV S of North-Carolina. 
 
 A. D. 1749. hereby appdinted Commiffioners, and they, or any T^vo of therrij are hereby 
 
 V NT— j~^.invefted with full Power and Authority, to agree with any Perfon or Perfons to 
 
 Baii^ii^ig^^ ^a'r' ered, carry on, and perfedl the faid Buildings at JSlewbern Town aforcfaid •, and 
 Nc-wbir:,. ^\(q^ fQ receive and apply the faid Monies arifing by the Tax aforefaid, and the 
 
 further Sum of One Hundred Pounds, Proclamation Monty, which is hereby 
 diredled to be paid by the Commifiioners for Stamping and Emitting the Sum 
 of Twenty One Thoufand Three Hundred and Fifty Pounds, Public Bills of 
 Credit, at the Rate of Proclamation Money, out of the Treafury, in order to 
 enable the aforefaid Mr. John Starkey., Mr. Edward Griffithy and Mr, Jeremiah 
 Vail, Commiffioners, or any Two of them, to carry on the faid Public Build- 
 ings : Any Thing contained in the before recited A6t to the Contrary thereof, in 
 any- mk, notwithftanding. 
 
 ?.-c.cf«aiB^3 en yj, AND whereas fome Doubts have arifen, concerning the Fra<5lice touch- 
 M.gmj ttac - .^^ original Attachments, that the fam.e is not rendered certain : // is hereby 
 Enacted^ That when any Goods, Chattels, or Monies, fliall be attached in any 
 Perfons ITands or Poffefiion belonging to the Defendant, the Sheriff fhall return 
 the fame in a fpecial Manner, on the Back of fuch Attachment 5 and oh Return 
 thereof, a Scire Facias iTiall iffue againft the Perfon in whofe Hands or PolTef- 
 fion the EfFeds or Monies fhall or may bs attached, to come into Court, and 
 declare, upon Oath, how much Effefts or Monies he hath in his Hands or Pol- 
 fefTion belonging to the Defendant, or plead, after he has appeared as Garnifhee, 
 to the Action, upon Condition he puts in Special Bail; and if ihe faid Perfon 
 fail to appear after Service of the faid Scire 'Facias, or upon the Return of Two 
 Nihils, then Judgment Ihall be given againft fuch Perfon or Perfons, as in other 
 Cafes it is dircded, in and by the afore-recited Ad. 
 
 SIGNED by 
 
 Gabriel Johnston, Efq; Governor 
 
 Nathaniel Rice, Prelldent. 
 
 Samuel Swann, Speaker, 
 
 "j^ iff t-r^ '.r' '.rff 
 
 ■gi- %- -sff <-? 
 
 
 Anna 
 
LAWS o/' North-Carolina. 
 
 
 327 
 
 A. U. 1750. 
 
 ^A 
 
 mm 
 
 r^ 
 
 Anno Regni 
 
 G E O R G 1 1 IL 
 
 Regis, Magn£ Britanniie, Francice, &C 
 Hibernii^e, Viceffimo Quarto. 
 
 At a General A S S E xVI B L Y, held at NewherNy 
 
 Fitth Day of July, in the Year of our Lord One Thou- ^^^ 
 fand Seven Hundred and Fifty. 
 
 the ga B « la t 
 
 J H N S T O JT, 
 
 ^ " i OBv«tn9r, 
 
 CHAP. I. 
 
 jin Asf^ to appoint a Public treafurer, in the Room of Eleazer AUeni 
 
 Efq-y deceajed. 
 
 I. TTTHEREASby ah Ad, intituled. An Act'^ to appoint Public Trea- prca«Ut. 
 
 y V /hirers, the Honourable Edward Mofeley, Efqj was conftituted Public 
 Treufurcr for the Counties of Craven^ Carteret^ OnJloWy New-Hanover, Bladen, 
 Johnfton, Beaufort, and Hyde ; and the faid Office having become vacant by the 
 Death of the Taid Edward Mofeley : And whereas by an Ad, intituled. An Act^ 
 to appoint a Public Treasurer in the Room of the faid Edward Mofeley Efq\ deceaf- 
 edy the Honourable Eleazer Allen, Efq-, was conftituted Public Treafurc r, for the 
 faid Counties •, and the faid Office having become vacant by the Death of the faid 
 Rleaxer Allen, Efq j 
 
 II. B E it therefore Ena5ied, hy his Excellency Gabriel Jolmfton, Efq-, Cover- Treafuw ap^ 
 nor^ by and with the Advice and Confent of his Majeftfs Council, and the General ''°"'"^" 
 Affembly of this Province, and by the Authority of the fame. That John Starkey, 
 Efq-, bf, and is hereby appointed Public Treafurer, for the Counties of Craven, 
 Carteret, Qyiflow, New-Hanover, Bladen, Johnfion, Beaufort, Hyde, Anfon, and 
 Dupltn, in the Room of the faid Eleazer Allen, Efq; deceafed; which faid Trea- 
 furer Ihall, before he enters upon his faid Office, give Bond, with fufficient Sureties, 
 to our Sovereign Lord the King, his Heirs and SuccefTors, in the Sum of Two 
 Thoufand Pounds, lawful Money of Great -Britain, for the faithful Difcharge 
 of his faid Office; V/hich Bond (hall be lodged in the Secretary's Office. 
 
 Ill, ANli 
 
L ji JV S of N O R T H - C A R O L I N A. 
 
 /? D. lyO 
 
 V 
 
 \Y[. AN D be it further Ena^ed^ ly the Authority of or ef aid. That the Slierifs, 
 
 I'v'liMwx ''' Cotlnt^ Tfealurcrs; ■ "and a1! other l-'^rfohs concerned, or who have been concern- 
 
 M.,nie5 in tircir g^j^ j_,^ ^^. coUccting and receiving any ir^ubhc Money, within tiie refpeftive Coun- 
 
 TrTatrer. ''" tics of CraTCHl Ccirteret, Onpvi:, New-Hanover, Bladen, Joh-fion, Beaufcrt, 
 
 Hyde, Anfor, and Vi'.p*i'U who have hot ah-eady accounted for and paid the fame 
 
 to the aforefuid Edward Mofehy, Efq-, or the faid Eleazer Alle?2^ Efq-, deceafedy 
 
 or to the Committee of Accounts of both Houfes, fhall, upon Oath^ account 
 
 for ar 
 
 received, or wnicn oy i^aw taty ou^i^uu to nave recciveo, anci are accountable 
 
 for 
 
 ""^'«S^v"cvtry Sheriff and oth 
 
 H further Enacted, by the Authority af ere faid. That all and 
 
 in.- -etrngi-u.-i v-vuji^ ^w..>. - Jthtr Ferfons, who fliall be concerned in the colleding and rt- 
 
 i:c Mr,,fs,"wh'n ecivins; the Public Monies hereafter to be colkfted and received, within the fe- 
 
 •ln3pay"itto"'the vcral Counties above-mentioned, itiall, the, Week after the fucceeding General 
 
 "Treafu'ra. Couit foUowing the Time appointed by Law for their collefting or rec; iving 
 
 thereof^ upon Oath, account ior and pay the fame to the Public Treafurer alorc- 
 
 faid, at Ncwbern; under the Penalty of "Twenty Pounds, Prociamatiorx 
 
 Money. 
 
 ^ r , r, - -Y A N D be it further Enact ed^ by the Authority ff ore faid. That the faid 
 er t(^ prr.iecute PubUc TrcafurLT is hereby authorized, impowered, and required, to fue and 
 shLTifs, &c. pi-ofecute all luch Sheriff, County Treafurcrs, or other Accountants, their Heirs, 
 Executors, or Adminiftrators, or other Perfons,' who have heretofore been, or 
 who iliali hereafter be concerned, in the coiledting or receiving the Public Mo- 
 ney, or who have or fliall, at any Time hereaiter, have any of the faid Mon^y 
 in their Hands, within any of the faid Counties, and (liall ntgled or refufc to 
 account for and pay the fame i and aifo, on the feveral Bonds already given, or 
 hereatt r to be given, by each and every of the faid Fihcrifs of the faid Counties, 
 County Treafurcrs, or other Perlons in ariy of the faid rcfpedive Counties, for 
 the due and faithful Performance of their fevtral Ofhces and Duties-, and the 
 Clerks of the feveral County Courts, and every other Perforlor Perfons, having 
 fuch Bond or Bonds, Account or Accounts, or other Papers, in his or their 
 Keeping or rolfcfilon, is and are hereby diredted find required to deliver the fame 
 to the Public Treafurer aforeiaid, of fuch County v^here the faid Bond or Bonds' 
 was or Were given, or Accounts or other Papers lodged, when he Ihall demand 
 the fame. 
 
 yi. AND be it further Enacted, by the Authcrity ajorefaid. That the faid 
 Tunf with" tiVe Futlic Treafurer Ml, from Time to Time, as often as required, upon Oath, 
 605. Aff..Tibiy. account for, and pay to the General Alfembly, all fuch Sums of Money which 
 he iliall receive by Virtue of this. Ad •, for whioh Trouble,- he fhall be allowed 
 Five -per Cent, on all the Monies by him received and paid into the Afiembly,. 
 (except the Money he fnall receive from the Executors dtlu r of the faid Edward 
 Mofeley, Efq; ox Eleazer Allen,. Efq; which was lodged in the Hands of the faid 
 Edward Mofeley, Efq-, or Akazer Allen, , Efq; for building the Forts,) and may 
 dedud the Tame accordJtigly. 
 
 ?ena)ti«howre- , VII. A N D be it tnacted. That the Penalties in this Ad before mentioned, 
 cov.r.bie. and ^^\i ^g fued for and recovered in the General Court of this Province, by A&ion 
 '"^"''' of Debt, Bill, Plaint, or Information, wherein no Effoign, JProtedion, Injun- 
 
 dion, or Wager of Law, iliall be allowed or admitted ot ; Two Thirds where- 
 of to his Majefty, to be applied ibr the Ufe of the Public, and the other Third 
 to the Treafurer aforefaid. 
 
 Till. AND 
 
L A IV S o/^ North-Carolina. 
 
 3^9 
 
 
 VIII. AND be ii further Enamel, hy the Authority aforefaid. That ifthefaid 
 Public Treafurer Ihall negleft or fefufe to account for and pay to the Gericral Af- T^rofLr," fi* 
 fembly, all fuch Sums of Money which he (hall receive in Virtue of this Ad, he "^s" «*"-? »« »c. 
 Ihall forfeit and pay the Sum of Fifty Pounds, Proclamation Money, for each AHi'lbT,"' *''* 
 Negleft or Refufal •, to be recovered, by Aftion of Debt, Bill, Plaint, or Infor- 
 mation, in the General Court of thi Province, by him or them that ihall or will 
 
 fue for the fame: Two Thirds whereof to his Majefty, to be applied for the Ufe 
 of the Public, and the other Tliird to the Profecutor. 
 
 IX. AND he it further Enabled, hy the Authority dforefaidf That this Adi Contirmnte •/ 
 fiiall continue in Force for Three Years, next after the pafTing hereof, and from 
 
 thence to the End of the next Seflion of AfTembly, and no longer. 
 
 CHAP. II. 
 
 ^n A6iy to repeal Part of a Claiife in an A£f, hititulcd^ An A(fl, for 
 forming a Rent-RoH of all the Lands h6lden in this Province, for 
 quieting the Inhabitants in their Pofleffions, and for directing the 
 Payment of Quit-Rents* 
 
 L T T 7 HEREAS by a Claufe in the Aft of the General AfTembly of this Pr«mi]», 
 
 YV Province, pafTed the Fifteenth Day of O^ober^ in the Year of our i_.ord 
 One Thoufand Seven Hundred and Forty Eight, intituled, An Ati^ for forming 
 m Rent-Roll of all the Lands holden in this Province, for quieting the Inhabitants 
 in their Poffeffions, and for directing the Payment of ^it-Rents, it is Enaded, 
 That the Quit-Rents then after to be paid, for any Lands already granted, or that 
 fhould then after be granted, within this Province, or which had been actually 
 pofTefTed by any Pgrfon for the Space of T enty Years then laft pall, fhould be 
 paid in Proclamation Moneys at the Court-houfe in the County where fuch Land 
 lieth, or in Infpedors Notes for Tobacco, at One Penny, Proclamation Money, 
 />^r Pound, or Indigo, at Four Shilhngs, Proclamation" Money, per Pound: And 
 whereas it is apprehended, that many Inconveniences will happen from the Pay-- 
 ment of the faid Quit-Rents in Indigo, as aforcfaid ; 
 
 II. B E it therefore Enafled, by his Excellency Gabriel Johnrfton, Efq^^ Gover- c\mk rdating 
 nor, hy and with the Advice and Confent of his Majefty' s Council, and the General ^'^2^^'^°' "* 
 Affembly of this Province, and by the Authority of the fame. That all and fo much 
 of the faid recited Claufe, as relates to the Payment of Quit-Rents in Indigo, 
 fhall be repealedj and it is hereby repealed accordingly ; any Thing in the laid 
 Claufe, or any fubfequent Adt, or Claufe of an Ad, to the contrary thereof, in 
 any-wifej notwithftanding. 
 
 CHAF« 
 
33'- 
 
 ' L A ^^ S o/" N O R T H - C A R O L I N A. ' 
 
 ">r- 
 
 C H A P. III. 
 
 jidfi Aft, for incrcafing the Annual Allowauce given to the Attorney-Gene^ 
 raly for his Trouble and Expences in riding the Circuits. 
 
 Preamble. 1. ^ X T H E R E A S by an Ad of Aflembly, pafiTed at Newhern^ x}.\t Twenty 
 
 Yy Seventh Day of March, in the Year of our Lord One Ihoufand Seven 
 Hunoicd and fifty, intituled, Jn additional AR to an A£f, for fixing a Place for 
 ' the Scat of Governmenty and for keeping Public Offices., for appointing Circuit 
 Ccur^'s, and defraying the Expence thereof', it is, among other Things EnadVed, 
 Th't the Attorney-General for the Time being, fhall be paid, for each and cvtry 
 Court of Afllze, Oyer and Terminer, and General Goal Delivery, which he fhall 
 attend at Eaentdn, at Wilmington, and at Edgccmb Court-houfes, the Sum of 
 Eleven Pounds Two Shillings and Three Pence^ Proclamation Money, and no 
 more : And whereas it is found, that the faid Allowance to the Atttorney-Gene- 
 ral, is infufficient to anfwer the faid Purpofcs for which it was granted him j 
 
 II. B E it therefore EnaSled^ by bis Excellency Gabriel Johnflon, Efq; Govern 
 nor, by and with the Advice and Confent of his Majefiy's Council, and the General 
 Ajfembly of this Province, Tliat the Attorm y-Get\tral, for his Trouble and Ex- 
 pences in riding the Circuits, fhall have and receive the Sum of Twenty Pounds, 
 Proclamation Money, for each and every tuch Court he fhall attend j any Ihing 
 in the abgve-rccited Ad to the contrary, notwithftanding. 
 
 III. AND be it further Ena£led, That this Ad (hall continue and be in Force 
 for Four Years, next after the paifing hereof, and from thence to the End of the, 
 next Scfiion ot Aflembly, and no longer. 
 
 Att«rBey-Genea 
 fal's Allowonce 
 for riding th» 
 Circuit. 
 
 Contmaane* 
 
 of 
 
 SIGNED by 
 
 Gabriel Johnston, Efqj Governor.' 
 
 Nathaniel Rice, Frefident. 
 
 SAMuei. SwANN, Speaker. 
 
 Lcfea^ti ^^^i 
 
L A W S of North-Carolina. 
 
 331 
 
 
 yl. D. 1751. 
 
 Arjno Regni 
 
 G E O R G I I II, 
 
 Regis, Magn^ Britanniie, Franci<^, &: 
 Hiberni^, ViGeffimo Quinto. 
 
 I E L 
 S T O tf. 
 
 At a General AlTembly begun and held it Nefwhern^ t\iQ^^W\^,, 
 Twelfth Day of Ji^?/e, in the Nineteenth Year of his ^'^' °°''""°' 
 Majefty's Reign, and from thence continued, by feveral 
 Prorogations, to the Twenty Seventh Day of September, 
 in the Tear of our Lord One Thoufand Seven Hundred 
 and Fifty One. 
 
 CHAP. I. 
 
 An ASi^ to appoint Tnfpediors in ^QVJ-H2.v\ovQt County, and for regular 
 ing the Exports at Cape-Fear. 
 
 I. 17^ O R preventing of Fraud, and improving the Trade and Commerce of 
 X/ Cape-Fear, in New-Hanover County -, 
 
 T i^V^ ^m ic may be Enafted, And be it EnaSled, by his Excellency Gabriel Two infpe«o., 
 Johnlton, Efq; Governor, by and with the Advice and Confent of his Majeftfs w ^s pointed , 
 CounciU and the General Jffembly of the faid Province, and by the Authority of 
 the fame. That two Infpedtors be appointed, one to refide at Wilmington, and 
 one to refide in Brunfwick, in the County of New-Hanover, to perform the 
 Duties enjoined them and each of them, by Virtue of this Aft, Jn infpefting the 
 Commodities herein after mentioned, at the Time of fhipping them out of Cape- 
 Fear River : And every Infpeftor, before he enters on his Office, fhall give who a„ to ^uc 
 Bond, with Two fufficicnt Sureties, to the Governor or Commander in Chief for ^""^' ^"^ ^^'^ 
 the Time being, to be afilgnable and fhall be alTigned by the laid Governor or Ifthdloffi/.?' 
 Commander in Chief for the Time being, from Time to Time, to the Party 
 injured, who may maintain an Aftion tbereon ; which Bond Ihall be taken by 
 the County Court oi New-Hanover aforefiid, in the Sum Five Hundred Pounds,- 
 Proclamation Money, for the faithful Difcharge of his Office j and Ihall take the 
 following Oath, viz. 
 
332 L A W S of North-Carolina. 
 
 X D. 1751. 
 
 *^ V ^ T -^- ^- '^'^ Solemnly fvjear, 'That t mil faih fully, impartially, and diligently exe- 
 
 Thcr Oath. J^ ^^^^ ^^^^ q^^,^ ^jr jj^jpg^Q^_^ withoiit FdvoiiT or Prejudice to any Perfon what- 
 ever , according to Law, and to the Left of my Skill and Judgment. 
 
 So help me God. 
 
 Tar, !';tcb, S.-C. HI. A N B be it further Enabled-, lliat every Cafk or Barrel, containing Pitchy 
 ro I'e infpc'aed, j^^^^ Turpentinc, Ricey Beef, or Pork, deligncd for Exportation from the River 
 and branded. ^^ Cape-fcar, after the firil Day of January next, after the paffing of this Adt,- 
 bcincT in the merchantable Order and Condition herein after mentionisd and di- 
 reded, fhall, at the Time of Ihipping, be viewed, examined, and approved by 
 the Infpeftor, and marked, in his Prefence, with a hot Iron Brand, bearing the 
 Name of his Place of Refidcnce. 
 
 .^( IV. AND be it further Enabled, by the Authority aforefaid. That no Mailer 
 r.'T W.'iilh of any Veffel, fhall take on Board any Cafks or Barrels aforefad, without being 
 taking on board • r^^^^^ by ^\^q Infocftor, aod branded with his Brand, as aforefaid, under the 
 ties without la- Penalty of Ten Pounds, Proclamation jMoney, Jor every Offence : One halt to 
 fpeaion. ^^^ Informer, the other half to the life of the Parifh where the Offence fliall be 
 
 committed. 
 
 V. AND he it further Enabled,- by the Authority aforefaid, Tluit the CoUeftor 
 of Port Brunfwick Ihull not clear out of his Office, any Ship or Veffel, before 
 the Mafter or Commander of fuch Ship or Veffel takes the following Oath ; viz. 
 
 ©3th to be taken T A. B. Majler or Commander of the Ship or Veffel called 
 
 by Maftevs of I ^^ fwear, That I have not received^ or permitted to be received, on Board my 
 
 faid Ship or Veffel, fince my Arrival in this Poit, any Cajks or Ban-els of Pith, Tary 
 
 • Turpentine,; Beef, Pork, or Rice, but what hath the Infpe£lors Brand thereon,. 
 
 So help mc God. 
 
 CoUcftor im- Which Oath the Colleftof of the Port aforefaid,. or his Deputy, is hereby re- 
 powered to ad- quired and impowered to adm.inifter: And it fliall be lawtul for the faid Collec- 
 ainiftcrthsoath ^^^ ^^ ^^.^ Dcputy, to takc and receive, as a Fee for adminiflring the faid Oath, 
 the Sum of One Shilling, Proclamation Money : And the Colleftor or his De- 
 ™" flrun^m- puty for the Port aforefaid, being informed, on Oath, by an Infpector or any 
 i^efted commo- Q^^^er Perfon, that any Ship or Veffel hath on board any Goods not infpetled, he 
 '''""■ fliall caufe Search to be made on board fuch Ship or Veffel, and, on finding any 
 
 Commodities not^ infpefted, according to the true Intent and Meaning of this 
 Aft, he fliall not clear out fuch Ship or Veffel, or give up the Regifter, until 
 fuch Time as the Mafter hath paid the Forfeiture for every Offence, as before 
 Pen forNcsieft. mentioned, under the Penalty of Twenty Pounds, Proclamation Money, for 
 every Negleft or Default fuch Collector fliall make herein •, to be applied to the 
 Ufe of the Parifli where the Offence fliall or may be committed. 
 
 Merchantable VI. A IS B be it further Enacted, by the Authority aforefaid. That for the 
 
 «r™Si''" '^' better afcertaining and determining what fhall be deemed merchantable Goods by 
 this Act to be inspected, the following Rules fliall be obferved •, that is to fay. 
 Every Barrel of Beef or Pork fliall contain Two Hundred and Tv/enty Pounds 
 of wholfome well-cured Meat, the Caflc to be made of white or water Oak, 
 found, dry, well fealbned, and without Sap, and be tight ; and there fliall not 
 be any Bulls Flefli in a Barrel of Beef •, nor in a Barrel of Pork, above Two 
 Heads, or any Boars Flefli : And every Barrel of Beef or Pork fliall, on Infpec- 
 tion, be unpacked, and the Meat weighed, in the Infpector's Prefcnce, and be 
 re~packed with Salt and Pickle, and tightly headed again, at the Expence of the 
 Party tendering the fam.e to be infpecced •, before the Infpector fliall brand the 
 
 ^'""=- ■ THAT 
 
 
L A W S of North-Carolina. 333 
 
 A. D. 1751. 
 
 THAT each Barrel of Pitch or Turpentine^ (hall be of the Weight of '^^^^^-l'^, 
 Three Hundred and Twenty Two Founds, with the Cafk •, and every Barrel of rei tf Turpsn. 
 Pitch or Turpentine weighing lefs, fhull not be deemed merchantable, but fhall ''"^ '" ''"*'''• 
 be made fo at the Expence ot the Shipper. 
 
 THAT every Barrel of Tar fliall be of the Gauge of Thirty One and a ^^^i^ °f '^'■ 
 Half Gallons, Wine Mrafure, each ; and every Barrel of Tar of a Icfs Size 
 fliall be put in merchantable Cafks, at the Expence of the Shipper or Owner. 
 
 T H i\ T every Cafk or Barrel of Pitchy Tar, Turpentine, or Rice, fhall be pitch. Tar, &«. 
 free from every unfair or fraudulent Mixture whatever ; under the Penalty of ^°^2ir m" ^'""^ 
 forfeiting tlie fame ; for the Ufe of the Parilh where detected. 
 
 VII. AND forafmuch as it is difficulty in warm and rainy Seafons, to fcpa- Water excepted. 
 rate Water from Tar ; // ,'s provided. That Water fliall not be accounted a frau- 
 dulent Mixture ill any Tir ; out that in fuchCafe, the Barrels fliall not be brand- 
 ed by the Infpcctor, until th-y are as free from Water as they can be made: Any 
 
 Thing in this Act to the contrary, notwithftanding. 
 
 VIII. THAT all Lumber, that is to fay. All Staves, Heading, Boards, D.mcnfi.m. of 
 Plank, Joifts, or fquare Timber, wnich fliall, after the firft Day of January \^;^^l' '^''■^'• 
 next, be fhipped on board any Ship or VeflTel, fliall be of the following Di- 
 menfions -, otherwife fliall not be deemed merchantable, and fliall be forfeited 
 
 for the Ufcs herein afttr mentioned. 
 
 PIPE Staves fliall be at leafl: Five Feet long, arid Three Inches and a Half 
 broad, and Three Quarters of an inch thick at the Heart or thincfl: Edge, and 
 clear of Sap. 
 
 HOGSHEAD Staves fliall be at leafl: Three Feet Six Inches longj Three 
 Inches and a Half broad, and Three Quarters of an Inch thick at the Heart or 
 thineft: Edge, and clear of Sap. 
 
 BARREL Staves fliall be at leafl: Two Feet Six Inches longj Four Inches 
 broad, and Three Quarters of an Inch thick at the Heart or thineft Edge, and 
 clear of Sap. 
 
 WHITE Oak Hogfliead Heading fliall be at Icaft Thirty Inches long, 
 Six Inches broad, and one Inch thick, clear of Sap. 
 
 THAT every Board, Plank, or Scantling, being marked with the Number 
 of more Feet than they, or either of them contain, fliall be deemed fraudulent^ 
 and forfeited, for the Ufe of the Parifli where detefted. And every Board or 
 Plank fliall be free from any Splits exceeding Twelve Inches in Length j and no 
 Board fliall be deemed merchantable, which has an Edge lefs than half an Inch 
 fquare, and is not free of Holes. 
 
 THAT every Piece of Scantling, or any other fquare Timber, marked 
 with the Number of more Feet than it contains, fliall be forfeited for the Ufe of 
 the Parifli. 
 
 IX. PROVIDED neverthelefs. That no Board, Plank, or fquare Tim- ^^^„^ rimbei, 
 ber, fliall be infpe6ted, unlefs required. *'^- "°' '" ''* 
 
 * * inlpccted, 
 
 X. AND be it further Ena£fed^ by the Authority aforefaid^ That in all Dif- D'fputei b=twees> 
 putes between any Infpedtor and Shipper of Commodities, it fhail and may be infpea.,r »n« 
 
 lawful 
 
 rSk 
 
;34 
 
 L A W S of Nortk-Carolina. 
 
 A. D. 1751. Javvfu) ^jr the Shipper to make Application to a Magillrate, who fhall iliue ouc 
 
 ^-"i — V ' his 'vVarrnt to the Conftablr,- for ilimmoning Two indifferent FreehxolderSy whom 
 
 foikT' *'""' ne fliall mention by Name in the Vv'arrant ; and what thofe Two, being firfl 
 fworn before any Magillratc, fhall determine, Ihall be binding-, or in Caie they 
 do not agree, the faid Frefholdcrs fo fummoned and fv/orn may chooie a third 
 Freeholder, alfo to be fworn, to alTrll them : and what Two of thofc three agree 
 to, fhall be binding on both Inlpedtor and Shipper. 
 
 Pdrty sgainft XL A N D be it further EnuBedy by the Jtithority aforefardj: That \whtve any 
 
 whom j*d^ment jLnjcrtTicnt fliall be given againft any Shipper, Owner, or Infpeftor, by the Two 
 
 s ", opay . pj.ggj^^ygj.5^. j.j^,jj then, and in fuch Cafe,' the faid Shipper, Owner, or Infpcftor^ 
 
 a";ainft whom the Judgment fliall pafs, Ihall pay unto the Party in whole Favour 
 
 the Judgment fhall be given, the Sum of Thirty Shillings, Proclamation Money, 
 
 for his Coft and Damages iliftained. 
 
 rnfpeaors Few. XII. J N D be it further Em^ecl, by the Authority aforefaidy That ever In - 
 fpedtor fhall be mtituled to the following , Fees, to be paid him in Proclamation 
 Money, or in the Commodities 'he fhall or may infpedl, at the then current Mar- 
 ket Price •, That is to fay, 
 
 FOR every Barrel of Rice, Beef, or Pork, Four Pence. 
 FOR every Barrel of Tar, Pitch, or Turpentine, One Penny Half Penny. 
 FOR every Thoufand of Staves or Heading, One Shilling and Four Pence. 
 FOR every Thoufand Feet, fuperficial Meafurc, of Board, Plank, or Scantling, 
 One Shilling and Four Pence. 
 
 FOR every Ton of Timber, One Shilling. 
 
 Court to remote XIII. A N D be it further Enacted, by the Authority aforefnid. That the Juflices 
 
 ajj«i,u""',her"'| of NeW'Hano'uer County fliall Idc, and they are hereby impowered, at their Court 
 
 in the Vacation of Quarter SelTions, to turn out any Infpeftor mifbchaving, or at the Death or 
 
 doTt.'^"'^'"' '" Difabiility of any of them, to appoint another for the f^ime Place ; and in Cafe 
 
 any Infpeftqr fhould die, or remove out of the County, or be other »vife difaWed 
 
 during the Vacancies of the County Court aforefaid, it fhall and may be lawful 
 
 for three or more Juftices of the Place, neareft to the Place where fuch Infpeftor 
 
 did refide, to meet, and appoint a Perlbn to execute that OfBce until the meeting 
 
 of the next County Court •, and fuch Perfon fo appointed fliall have the fame' 
 
 P6wers and Authorities, and be under the fame Reftridions, as any Infpector 
 
 appointed by Virtue of this Ai5t. 
 
 i-nfpea»r, with XIV. A N B be it fuTther F^mcted,- by the Authority aforefaid. That where it 
 
 ^''"'r °ll^^n fhall be neceflary to appoint a Perfon or Perfons, to afTiit either of the faid In- 
 
 point an Aflitt- fpedors in the Execution ot his Oftice, it fhall anci may be lawiul for fuch in- 
 
 ""'■ fpedor, v/ith the Approbation of the County Court, to appoint one or more 
 
 Perfons to aflifl him therein ■, which Perfon or Perfons fo appointed before he 
 
 enters upon the Execution of his OjBce, fhall take the Oath in this Ad: before 
 
 mentioned. 
 
 jnfpefVors ap- XV. A N D be it fuvthcr Enacted, by the Authority aforefaid. That Mr. John 
 
 pomted. Sampfon, is hereby appointed Inlpe6toP, to refide at PFikwigtoMyznd Mr. TFilliam 
 
 Rcfs, Infpetftor, to refide at Brunfwick •, who fhall qualify as fuch at the next 
 
 County Court to be held for the County of New-Hanover, though they are not- 
 
 to enter upon their OfRcc until the firft Day of January next. 
 
 Fines how r«o. XVI. A N D be it further Enacted, by the Authority aforefaid. That all and 
 
 r7irakie. evcry the Fines and Forfeitures arifing or accruing by Virtue of this Atl, may be 
 
 fued for and recovered in any Court of Record in this Province, by the Infpeftors, 
 
 or either of tliem, or by the Churchwardens of the Parifh, by Adtion of Debt, 
 
 Bill, 
 
 :k^A. 
 
L A IV S of N O R T* H - C A R O L I N A. ^ 335 
 
 iiili, i'l'iinL, or Infurmation •, wherein no EiToign, Injun6Hon, Frotedion, Pri- /*■ ^ '^^_|_^ 
 vikgc,.or VVi)ger of Law, fha'.I be allowed or admitted of; or before any Juftice "^ 
 
 ^)r Juftices of tlie i^eace ot the faid County, Regard being had to his or tiicir 
 -Jurifdidion. 
 
 . XVII. AND he it further Enacied, hy the Authority afcrefaid^ That if any Perfon, fufd for 
 Ferfon or Perfuiis fhall be fucd or profccuted for any Matter or Thing done in ^"v^rc/t!"' 
 Execution of this Aft, fuch Perfon or Peribns may plead the General iffue, and Aft, may plead 
 trive this Act, and the fpecial iVIatter, in Evidence. ihe g...«.i iffue. 
 
 XVIII. AND he it further ^nacted^ hy the Authority aforefdidy That this Act cominuanre of 
 fhall remain in full Force and Virtue, tor and during the Space and Term of «he a«. 
 Three Years, from the Ratification hereof j and from thence to the End of the 
 next Seflion of Affenibly, and no longer. 
 
 CHAP. II. 
 
 An Acl^ for Regulating the Pilotage at Cape-Fear River^ and to im- 
 po-v:^er the'Captain of Fort ]o\\\\^o\\ at the Mouth of the faid Ri-ver^ 
 to examine all Vcjjch entering the faid River y concerning the Health of 
 
 their Crcivs en hoard the J aid Veffels. 
 
 I. TT 7 HER E AS the Pilotage of Gz/f-i^i'rtr River is at prefcnt under no ^eirrAii. 
 ) YY Regulation by Law,' and many,, Abufcs may be committed, and the 
 ?<imc much ntgleded: 
 
 II. WE pray that it may be Fnacled, And he it Fvacted, hy his Excellency Gz- Comro;ir.^nc«. 
 briel Johnfton, £/'^-, Governor, by end with the Advice and Confent of his Ma- 'PP^'^-fp^. «<>«' 
 jejiy'^ Council^ and the General Affcmbly of this Pravinee, and hy the Authority of 
 the fcime^ That the Honourable John Rather f or d, Efq-, William Dry , .Richard 
 ^incey John Lyon, and Leivis DAicjfet^ Efqrs. be, and they are hereby appointed ' 
 Commiiiioners, and they, or the Maiority of them, arc hereby authorized and 
 impowcred, from Time to Time, to examine fuch and fo many Perfons, who 
 Ihall, from Time to Time, olfci themfelves to be Pilots for Cape-Fear aforefaid, 
 iiot exceeding fcven in Number. 
 
 , ni. AND he it further Enacted, by the Authority aforefaid. That the afore- Aodtogive, 
 faid CornmifTioners, or the Majority of them, upon their Examination and Ap.- t:'"'*'"tt t* 
 probation of any Pcrfon, that he is properly qualified to act as a Pilot, ihall giye [rfiX*tV*Lc4l 
 tb'fuch Perfon a Certificate, under their Hands, to the Governor or Commander in '^^'^'• 
 Chief for the Time being, in order for his Approbation, and to obtain a Branch 
 to act as Pilot for the fuid River. 
 
 IV. AND be it further Enacted, b'v the Authority aforefaid. That every fuch ''^'"^ '• e'^« 
 Perfon fa obtaining a Branch to be Pilot, (hall, before he enter upon his Calling fo''p.'rro*ijt'! 
 or Bufinefrry give Bond, wjth Tv/o fufikient Sureties, to the Governor or Com- '^' 
 mander in Chief for the Time being, his Succefibrs or Affigns, in the Sum of 
 
 O-ik Hundred Pounds, v/ich Condition for the due and' faithful Performance of 
 his Office : Which Bond fnal) be in Truft for fuch Perfon or Perfons as. fhall ap- 
 pear to be injured by fuch Pilot's Negligence, or Non- Performance of the Con- 
 tlition of the faid Bond $ and fhall be affigned to any Perfon or Perfons fo in- 
 Jufed petitioning for the fame, who fhall and may maintain an Action thereon. 
 
 V. AND he it further Enacted, hy the Authority aforefaid. That upon the ''!'««• m^siuT. 
 Milbchaviour of any Pilot in his Office, the Commiflioncrs aforefaid, or the Ma- ^tt ^•**'**"' 
 
 Q 4' jorJty 
 
336 ^ J^ ^ ^ l^f . North-Carolina. 
 
 A. D. 175^ jority of them, fhall, and they are hereby authorifed and impowered, to remove 
 ^ "y,^ ^"^^ Pi^o"^ from his Office, and to appoint another in his Stead, until the Plea- 
 
 to reaiOve them - c \ r^ r-> /^i r /i '-"■"j 
 
 lure Or the Governor or Commander in Chief ftiall be known. 
 
 VI. A N D be it further Enacted^ That the fcvcra] Pilots for the River afore-J^ 
 , faid, fhall and may take and receive, for piloting every VefTel over the Bar up 
 to Brunfwicky the Rates,' in •Proclamation Money, according to the following 
 Table ; to wity 
 
 ftiotsFees. FOR each Vcflel, drawing Six Feet Water, or lefs. Ten Shillings. 
 
 FOR each Veflel, drawing from Six to Ten Feet, dt the Rate of Two Shil- 
 libgs per Foot. 
 
 F ROM Ten to Twelve Feet, Two Shillings and Four Pence per Foot. 
 
 FOR Twelve Feet^: Three Shillings per Foot. 
 
 p'OR Thirteen Feet, Three Shillings and Four Pence per Foot. 
 
 FOR Fourteen Feet^ Four Shillings per Foot. 
 
 FOR Fifteen Feet, Four Shillings and Six Pence per Foot. 
 
 FOR Sixteen Feet, Five Shillings and Four-Pence per Foot. 
 
 FOR Seventeen Feet^- Six Shillings and Eight Pente per Foot, 
 
 AND for piloting a Veflel from Brunfwick up to the Greit Ifland, one 
 Third Part of the above Rates, according to the Draught of Water of fuch Vcf- 
 fcl fefpectively : And from the faid Great Ifland over the Flats up to tViltning- 
 ton, one other Third Part of the faid Rates as aforefaid. 
 
 AND far piloting each VeflTel outward bound, the like Rates fliall and may 
 be taken, for the like Difl:ances and Draughts of Water refpectively, as arc 
 herein- before afceftained for Vcflels inward bound. 
 
 pVndty OS Pilots Vil. AN B be it further Enacted^ That no Pilot (hall prefume to take other 
 re«"^ ^'"''' or greater Fees than aforefaid, under the Penalty of Forty Shillings •, to be re- 
 covered, by any Perfoh fuing for the fame, before any Two Juftices, by War- 
 rant. 
 
 Teffeis that gel Vllt. AND bc it furthcf Enactcd^ That' if any Veflel fliall come over the 
 fo7e?P:Wgm ^^'^ before a Pilot gets on board the fame, fuih Velfcl fliall not be liable to piy 
 on Board, fuhjcft abovc one half of the Pilotage allowed by this Act: Any Thing herein bclbrc 
 but to half Fees. j-Qntained to the contrary, notwithflanding. 
 
 re« to feS i^' AND be it further Enacted, That the Commiflloncrs aforefaid fliall af- 
 «p in the cuf. fix a true Copy or Table of the f^veral Rates of Fees aforelaid, to be taken by 
 «oin.ho«ft. jf^g piiQ„ f-Q^ ^j^g Ri^g^. aforefaid, in the Office of, the Cufl:om^houfe for the 
 
 Port of 5r«?(/«;/c> i that the MaflerS of Veflcls, and others concerned, may have 
 
 Recourfe to the fame. 
 
 X. A N D whereas- it may tend to the great Difadvantage of his Majefty's 
 Subjects in this Province,: if any contagious, peftilcntial, or malignant Diftcmper 
 fliould be brought into the Place or River aforefaid: For Remedy whereof, 
 
 . l 'ifi J i.; •.'.,.. ■..:.■ 
 
 Y^'^j^hrfto'!! XL B E it Enacted, by the Authority aforefaid. That the Commander of Fort 
 
 to fvvea. Maftcri Johtifloriy for thc Tittle being, fhall be, and he is hereby authorifed and im- 
 
 of vetTcis, cm. pQwercd, to adminifter an Oath to each and every Commander of a VeflTel com- 
 
 ««t-Ditiea)pei8. ing into the Port aforefaid, whether he hath any contagious Diitcmper on board 
 
 fuch his VeflTel ; and the faid Pilots are hereby .commanded and required not to 
 
 proceed with fuch Veffel higher up the River than the faid Fort, before fuch 
 
 Mailer of Velfei fliall go on Shore afid declare, upon Oath, , to_ fhe Commander 
 
 of the Fort aforefaid for the Time being, whether there be any contagious Di> 
 
 temper 
 
Laws of North-Carolina. 337 
 
 f— [ ; ' ' ■ : 
 
 temper or not on board his faid Vefiel, and until a Permiffion be given by the ^- ^- ^^■'^ 
 Commander of the iaid Fort for that Purpofe -, under the Penalty of Fifty Pounds ^ 
 
 Proclamation Money: For which Oath and Perm iflion> the Commaiidcr of the 
 faid Fort for the Time beings fhaJl and may have and receive, from the Com- 
 mander ot fuch VcfTel, the Sum of Five Shillings, Proclamation Money. 
 
 XII. yi N D he it further Enacted^ That if it (bould happen that any fuch Procefdmgs to be 
 VefTel (hail have any contagious Diftemper on board, the Commander of the faid )a\ h'l\n% In' 
 Fort fhajl order the faid Vellel to lie oppofite to the faid Fortj until further Or- ^'"'^ contjgiom 
 ders fhill be given by the Commifiioners aforefaid, or the Majority of them •, ^'''''"''""" 
 and the faid Com mi ffi oners, or the Majority of them, are hereby authorifed and 
 impowered to give fuch Direction for tlie faid Veflel and her Crew performms 
 Quarentine, as they Ihall think necellliry, to prevenp the fpreading of fuch Con- 
 tagion : And if any Mailer or Commander of a Veffe], fo ordered to perform 
 Quarentine, fhall not obey fuch Order, fuch Mailer or Commander fhall forfeit 
 
 the Sum ot One Hundred Pounds, Proclamation Money ; to be recovered by 
 the faid Commi.Tioncrs, in their own Names, by Adlion of Debt* Bill, Plaint 
 or Information, in the General Court of this Province. 
 
 XIII. AND whereas it happens, that VefTels bound into the River aforefaid 
 often come on the Coaft in thick Weather, and frequently fire Guns, to acquaint 
 the Pilots of their being on the Coaft : 
 
 XIV. BE it therefore Ena^ed, That the Commander of the faid Fort for the Comm.naer of. 
 Time bemg, fhall, and he is hereby required to anfwcr fuch Veifels, by firino- one ''"'' ^''*"-^'" "' 
 or more Guns, not exceeding TJirce ; for which Powder fo expended, the Com- u"lToTSr 
 mander ot fuch Veffel ihall pay and fatisfy the Commander of the fai'd Fort an ^'' ^°' ^"°"' 
 .equal Qiiantity of Gun-powder, or pay and fatisfy him for the fame, at and after i<"tcut'S: 
 the Rate of Two Shilhngs, Proclamation Money, for each Pound of Gun-pow- 'Lain™"' ooTf 
 der fo by him expended; and the Commander of the faid Fort Ihall forthwitli ^ ' 'nstogoout. 
 give Notice to the Pilot or Pilots, of fuch VefTel being on thfeCoafl: And if 
 
 fuch Pilot ihall not forthwith go out to fuch VefTel, if in the Day Time, fuch 
 Pilot fhall forfeit and pay the Sum of Forty Siiillings, Proclamadon Money, 
 for every Negled ; to be recovered before any Two Magiflrates, by the Com- 
 mander of the Fort. ' ' 
 
 XY.-.JND be it f.iriher EnaBed, That the f'everal Forfeitures arifing by Forfeiture, appu, 
 ihis Acl, not tlverein before applied, Ihali be paid to the CommifTioners of the faid *"*• 
 Fort, or their Order, lx)r and towards the maintainino- thereof, 
 
 XVI. AND he it further EnaBed,:hy-the Authority aforrfard:;'^f\iii^h'^i[Q -^^r^^^^-^ic^tn- 
 of the Death, Refufil to acl. Departure out of the Country, or other Difability k^T' "" ^'' 
 of any of the faid CommifTioners, \v (hall and -may be lawful'for the remaining 
 Commiffipners, or the Majority of them, and they are hereby required, to eleft 
 another in the Room and Stoad of the Commilnoner difqualified or difabled as 
 aforefaid : VN^hich Commiffioner fo eleded fhall be, and is hereby invefled vmh 
 iall the Power and Authority of any Commiffioner herein before named. ' 
 
 .rol-^Vr. CHAP. III. 
 
 :Ari additional AS to an'AB^ intituled. Feme Coverts how'tb pafs £ari3s 
 
 ^' WJ ^^ ^ RE A si 'the Method prefcribcd for Feme Covetts to convey Pr«™bf« 
 
 V V their Eftates in Lands in this Province, by an Ad of AfTembly, made 
 6t a General Biennial AfTembly, held on the Seventeenth Day of November, in 
 
 the 
 
33! 
 
 L A IV S of N O R T H - C A p. O X I N A. 
 
 /». D. 1751. the Year of our Lord One Thouiand Seven Hundred and Fittcen, intitulcd^~ 
 ""V Fena: Coverts how to pafs Lands, in many Cafes, hath been found, by Experience, 
 
 to be im practicable-, by Reafon that the Right of Inheritance of many Lands in 
 this Province is in Feme Coverts who arc Kefidents of neighbouring Govern- 
 ments ; and in fuch Cafes, Conveyances have been made by the Hufband, with 
 the Wife's Confent, and fometimes by both, and at other Times by the Wife, 
 only, and afterwards ratified and connrrtied by the Fiufband 5 by Means whereof 
 the Titles of many Perlbns are become precarious ami doubtful," and much Land 
 lies uncultivated \' to the great Diminution of the Revenue of the Crown : 
 
 F.me csvertt II.' B E it EtiaEledy by his JL>:celIericy Gabriel Johnflon, Efq-y Governor^ hy and 
 ii«wtoiJ.f,L.:nd'. ^^ii^ the yidvice and Confent of his Majefif s Council^ and the Geyieral /Iffembly of 
 this Province, and it is hereby Ena^ed, by the /iuthorily of '^ the fame.^ lliat from 
 dnd after the pafTing of this Adl, all Conveyances in Writing,' arid fealed by 
 Hufband and Wife, for any Lands, and by them perfonally acknowledged before 
 the Chief juftice, or in the Court of the County where the Land licth, the Wife 
 bcmg lirft privily examined before the Cliief Juftice, or fome Member of the 
 County Court, appointed by, the faid Court for th;it Purpofe, whether flie doth 
 voluntarily afient thereto, and regiilercd according to the Direftions of the Laws 
 of this Province, (hall be as valid in Law to convey all the Eftate and Title which 
 i'uch Wife riiay or fliall have- in any Lands, Tenements, or Hereditaments fo con- 
 veyed, whether in F'ee-fimple, Right of Dower, or other Fftate, not being Fee- 
 Tail, as if done by Pint and Recovery, or any other W^ays or Means whatfo- 
 ever. 
 
 Procffding! to bt' III. PROVIDED neverthdefs.^ That where any fuch' Conveyances as 
 wtfri'In u*a- aforefeid -fhall be acknowledged by the Hulband,- or proved by the Oath of one 
 tmantof onothsr 5'ji [^norc Wicnei^res, before the Chief Juftice of County Court where the Land 
 Cuuntry, &c. jj^j-j^^ ^^ -j; ^^\^ |)g reptefcntcd to the Chief Juftice or County Court aforefaid,' 
 that the Wife is a Refidcnt of any other Country, or fo aged or infirm that Ihc 
 Cannot travef to the Chief Juftice or County Court, to make fuch Acknowledge 
 'ment as aforcfaid ; it ihali and may be lawful for the Chief Juiticc or County 
 Court, by his or their Oi^cr, ;to direct the Clerk of the County Court where fuch 
 Land liethy to Iftlie a CommifTioh to two or more Commiftioners, for recieving 
 iiie Ackhov/ledgment of any Deed of fuch Feme Covert, for palling her Eftate 
 in any Lands Tenements, or Hereditaments-, and fuc h Deed, acknowledged be- 
 fore them, after they have cxa,niined her privily and apart trom her Hufband 
 touching htr Confent, arid ctrtihed by the County Co-jrt to which the Commiflion' 
 fhill'bc returnable, ihail, Ljy; Order of the County Court, be regiftered, with the 
 Commiftion and Return,"' and fhall be as effedual as if perfonally acknow- 
 ledged before.the,ChiefJw^iqe'.Qr County Court by fuch Feiiie Covert.- • 
 
 IV. A KD.ifqr' preventing .Miftakes inififuing out fuch ComnMiotiiyBe if 
 Ena£led, by tJje Auihcrity^c/or^faid^ I'hat the feveral Clerks of this Province, fhall' 
 ifTue the farne, in;the;jFoi^nToi]<?wing; to"Joity 
 
 jform of thg 1<I or th-Car olina ^ Q. County y.^.^^'y\\x x^j.C),. .:■.... .. 
 
 Comm:ffioH. G EO R G"E the Scconci, by the Grace of God, of Great-Britain^ France^ and 
 
 Ireland, King, Defender of the Faith, i^c. 
 
 To A. B. C. D. and E. Gentlemen, Greeting. 
 H E R E A S F. G hath produced a Deed of Conveyance, made to him 
 from //. /. and K. his Wife, of a certain Traft or Parcel of Land, ly- 
 ing and being in the Cotmty of ' ' iri our Province of Nortb-Caro- 
 lina, and proi^ured the fame to be proved or acknowledged by the faid 77. I. be- 
 fore 7. A', our Chief Juftice of our faid Province, (or in the Court of our faid County 
 '^f C'as the Cafe may be,) .and it being repiefented to our faid Chief Juftice, or 
 to our faid Court, that K. Wife of the f;iid H. L is an Inhabitant cf our faid Pro- 
 vince,- 
 
L A W S of N O R T H ^ C A R O L I N A. 3'39 
 
 viiicc, or ot" (or is foagcd and infirm,) (here as the Calc may be) /^ ^ '7'';, 
 
 — ^/-- 
 
 fo that flie cannot travel to our laid Chief Juflice, or Court of our faid County 
 'G'f to be privily examined as to her free Confent in executing the laid Convey- 
 
 "ance. Know yc, that we, in Confidence of your Prudence and Fidelity^ have 
 ^appointed yotr, and by thefe Prelents, do give unto you, or unto any two of you; 
 full Power and Authority, to tnkc the private Examination of the faid K. Wife 
 of the faid //. 1. concerning her Iree Confent in her executing the faid Convey- 
 ance : And therefore we command you, or any two ot you, that at fuch certain 
 Day and Place as you (hall think fit, you go to the faid K. if fhe cannot conve- 
 niently come to you, and privily, and apart from her Hufband, examine her the 
 laid A', whether Ihe executed the faid Conveyance freely and of her own Accord, 
 ■without Fear or Compulfion ot the fi'id f/. I. her Iji^lbindi and the Examina- 
 tion being diftindly and plainly wrote on the faid Deed, or on fome Paper an- 
 tiexed thei-etOj and when you Ifiall have fo taken the faid Examination, you are 
 to fend the fame, clofed up, under the Seals ot you, or any two of you, toge- 
 ther with this Writ, unto cur faid Court, to be held for the faid County of C. on 
 the Day of ntxt enfuing, in the . 
 
 Year of our Reign. W itnefs Z-. M. Clerk of our faid Court, at the 
 
 Day of '^!2f23 Dom. 17 
 
 L. M. CI. C, 
 
 V, A N D for the greater Security of Purchafers, Be it EnaEfed^ by the Aiitho- F«'c!,r.f.r, f«.. 
 rity afcrefaid^ That all i:)eeds and Conveyances of Lands, herttotore'made by the '"'' 
 Hufband and Wife, or by the Wife, and alt.: rvv'urds ratified and confirmed by the 
 Hufband, wherein a valuable Confidtration is txprclled, for any F.flate or Title 
 
 of any Feme Covert, in any Lands, Tcntm.ents or Hereditaments, whether in 
 Fee-Simple, Right ot Dower, or other Eftate^ not being Fee-tail, where fuch Deeds 
 or Conveyances have been regillered within Twelve Months from the Date thereof, 
 or fiiall be regiftcred within the Space of One Year after the Return of the Com- 
 milTion for taking the Examination of the Wife, as herein before mentioned, 
 or where the Perfon or Perfons to whom the fame hath beert made, hath aftually 
 entered thereupon, and hath continued in PofllfLon thereof for the Space of Seven 
 Years, by Virtue of fuch Deeds ; they ibail be refpt.6lively as valid in Law, and 
 take Effed as fully, to the Benefit of all j'e rfons refptftively In Poffefllon thereby, 
 and their Heirs and Afllgns,- againft the Hufband and 'vVife, and every of their 
 Heirs and Affigns, and againft all other Perfons claiming by, ffom, or under 
 them, or any of them, as if the dxint had been done by Fine and Recovery, or 
 any other Ways or Means whatfoever ; any Law, Cuftom, or Ufage to the con- 
 rary, in any-wife, notwithftandingj 
 
 VI. AND be it further Enacted, by the Authority aforefaidy That it (hall and 
 may be lawful for the Chief Juftice, County Court Clerks, and Publick Regiflers, 
 to take and receive, in Proclamation Money,- or Bills of Credit, for the Services 
 afore- mentioned i the following F"ees -, to wit. 
 
 The Chief Jufiict's Fees. 
 
 Proclamation Money, /. s. d. chief jurfiees 
 For an Order, direfting the Clerk to ilTue a Commifiion to take the I „ ^"•• 
 
 Acknowledgment ot a Feme Covert to a Deed for Lands, 
 
 \o 
 
 o 
 
 l^he Clerk's Fees. 
 
 Proclamation Money, /. s. d. 
 
 For Entering an Order for iffuing a Commi(Tion for taking the Ac- ) cif.k'.reti. 
 
 knowledgment of a Feme Covert to a Deed for Lands, j ° ^ 7 
 For iffuing fuch Commi(rion, c i 4 
 
 For Entering an Order for Regiftring fuch Return on fuch Com- > 
 
 miflion, \ ° ° 7 
 For a Copy of fuch Order, to be endorfed on the Return, 007 
 
 R 4 The 
 
S^' LA W S of K R T JI - C A R O L I N A. 
 
 ^?" !1!1:>^" -,'/.. rbe Regifier's Fees. 
 
 Rigiftcr*. Fees. '41}"'^^ '"'[' ' . Proclamation Money, . /. j. </.- 
 
 -For Regiftring a Commiffionfor taking the Acknowledgment of a y 
 .r Feme Covert, *vith the Order indorfed, and the Commifljoners i o z § 
 CerEificate,; y 
 
 fonfl^-""^"' ^^^' ^^^ ^^ it '^namd, by the Authority aforefaid. That if any of thS- 
 ^"Fiet!'"^^'"'" Officers atorefaid fhall demand, extort, exa<5l, or receive any other, or krgef 
 Fees, for tiie Services aforefaid, than what are herein particularly mentioned, o^' 
 ihall refufeto do the particular Service in his Office for the faid Fees, fuch Offi- 
 cer fhall be liable to the fame Forfeitures and Penalties, and the Party aggrieved 
 have the fame Action, Remedy, and Relief, as is provided by one Aft of Af- 
 fembly, made in the Twenty Second Year of the Reign of his prefcnt Majcfty, 
 intituled. An A5ly for Regulating the feveral Officers Fees within this Province^- 
 and afcertaining the Method of paying the fame. 
 
 e H A P. IV. 
 
 An additional A5i to the feveral ASfs^ to appoint Public Treafufers. 
 
 Prwabk, i^ TTTHEREAS many of the mortgage Bonds formerly taken by the 
 
 VV feveral County Treafurers, in Virtue of feveral Ads of Afiembly then 
 in Force, by Reafon of the NegleCl or Death of molt of thofe Treafurers, re* 
 main uncancelled, and the Money due thereon unpaid -, and the Times limited by 
 Law being long fince expired, and no Perfon legally impowered to make Diflrefs 
 for the fame, whereby the Public is very much injured : For Remedy whereof, 
 
 JweJe"" uke ^^- ^ ^ pray it may- be Enafted, And he it Enacted, by his Excellency Gabrirf 
 intoPoffffinn, Johnfton, Efqy Governor i by and with the Advice and Confent of his Majefifa 
 «o,tgag,ito«d.. Q^^^^-i^ ^„j the General Affiembly of this Province, and by the Authority of the 
 fame. That each of the Public Treafurers in their feveral Diftricls, refpe<5lively, are 
 hereby authorized, impowered, and required, to take into his or their Keeping 
 and Poffeffion, the feveral Mortgage Bonds yet uncancelled and unpaid ; and the 
 feveral Perfons in whofe Keeping or PoffefTion any of the faid uncancelled Bonds 
 are remaining, are hereby required to deliver the fame on Demand, to the refpec- 
 tive Public Treafurer of the Dirtrift, under the Penalty of Ten Pounds Proclama*- 
 tion Money, for every iljcb Rcfufal or Negled •, to be fucd tor, and recovered, by' 
 the Public Treafurer of the Diftrid: where the Perfon fo refufing or neglefting 
 may refide, by Aftion of Debt, Bill, Plaint, or Information, in any Court of 
 Record in this Province ; wherein no Ini.un<5tion or Wager ot Law fhall be allow-* 
 cd, or admitted of v and applyed one Half to the Ufe of the Public, the other 
 Half to the Treafurer who fliall fue for the fame. 
 
 ^ffBlndlTo"'^' 11^' A N D be it further Em^ed, by the Authority aforefaid. That the Pub" 
 kefetupatths Jic Trcafurcrs aforefaid, in their refpeftive Diftrids, upon the Receipt of all, or 
 Court-Houie ^^^ ^^ ^.j^^ ^^jj Mortgage Bonds not cancelled nor paid, Ihall caufe a Lift or 
 Schedule of fuch Bonds, defcribing the Place where the Lands lie, the Mortga- 
 gers Name, the Sum fuppofed to be due on each Mortgage, to be affixed on the 
 Door of the Court-Houfe of the County, or at the Court of Affize, or General 
 Court, when held in the County where the Land lyes,, during the Sitting of ai 
 leaft one fuch Court. 
 
 ©iftrcftubt IV. AND hit further Ena^ed, by the Authority aforefaid. That where a- 
 
 fiy Perfon fliall make Default for thirty Days after fuch Lift hath been affixed as< 
 
 aforefaid^ 
 
L A W S of North-Carolina. 341 
 
 -ttorclaid, to pay the leveral Sums due on each Mortgage Bond, in fuch Cafe, ^- ^- »75j- 
 
 «ach and eVrry Public Treaiurer is hereby impowered, dircftcd and required, to *^ ^ ' 
 
 make Diftrefs, by granting an Attachment, dircded to the Sheriff of the County |^^^.' °°^'^"'' 
 where any Perfonal Eftate belonging to any Defaulter lyes ; who is hereby autho- 
 rized and required to execute the fame, on any fuch Perfonal Eftate in his County 
 to be found. 
 
 V. A N D be it further EnaSfed^ by the Authority afdrefaid^ That all fuch D''i"in<-d Gocd* 
 Goods apid Chatties fo diltrained on as aforefaid, fhall be fet up and fold at public j"J'^^ ''"^^ "'^'"^ 
 Vtndue, at the next County Court, or Court of Afllze, or General Court, after 
 
 fuch Diftrefs ihall be made-, an Inventory of fuch Goods having been iirft fet 
 up at fuch Court-Houfe, at leaft ten Days before fuch Sale. 
 
 VI. AND be it further EnaHcd^ by the Authority aforefaid^ That where no D-fnukfrj n,.t 
 Perfonal Eftate belonging to any Defaulter, fhall be found in the County wherein ^^^l'^[^ ^'l!iT^ 
 the mf;rtgagcd Land Jyes, in fuch Cafe, it Ihall and may be lawful for the public gH Li'nJs v'ht 
 Treafur. r, in his refpeftive Diftridf, by Virtue of fuch Morto-age, to enter on the '^^ ''*', ""^ "" "/ 
 
 .- . , T 1 5 r I • ■ (• T^ X- • 1 p O ' "" '-"'•>-» >J»« Lilt veiplui rtiurntdi 
 
 laid Land, and alter having given rorty Days Notice, by lixing a Note on the 
 County Court-Houf', to expofe the faid Lands to Sale by publick Vcnuu',, at the 
 next County Court, Court of Aifize, or General Court, alter fuch Notice ; and whatfo- 
 ever fuch Land fhall fell for, more than what is duconluch ijonds, andtheCharo-e of 
 the Sal-i of fuch Lands, and to the Treafurer for conveying the fame to the Pur- 
 chafcr or Purchaf.rs, Ihall be n turned to the Owner •, which Sale, made by fuch 
 Treafur ;r, fhall be good and effcdual in Law^ to all Intents and Purpofcs whatfo- 
 cver, and the faid Deed fo given, if loft, the Regiftry thereof fliall and may be 
 given in Evidence, in any Court of Record within this Province. 
 
 VII. A N-D whereasjfince the ereding Fort Jchrfion at the Mouth of Cape-Feat 
 River, there appears to remain in rhe tiands of the Public Treafurer of the Sou^ 
 them Counties, a Surplufs of the Monies appropriated by LawYor that Purpofe > 
 ind it being n.cclTary the faid Fort now built fhould be prefcrved \ 
 
 VIII. B E it Ena5fed^ by the Authority afctefaid^ That it fhall and may be law- comm-fl-mfnrf 
 ful for the Commiirioncrs appointed by Aft of AfTemhly, intituled. An ,i5i for F^'t >*«/?<,/ 1« 
 tremng a Pcrt.ficaticn on the lo^er Part of Cape-Fear R-jer, by Warrant under k"7'it'^''^Rc! 
 their iHfands, or the major Part of them, 10 draw, from Time to Time, out of the f'^'"' *'• 
 Hands ot the faid Treafurer, fuch Sum or Sums of Money, as they Ihall iudo-e 
 neceflfaryj for the guarding, watching, and prefcrving the faid Fort. 
 
 IX. P R O V I D ED it does not exceed the Surplufs of the Money formerly Treafurer to p., 
 appropriated by Ad of AfTembly, to the erecting the faid Fort ; and the Public "' ^' '*''■'«.'■. 
 Treafurer fhall pay fuch Draught at Wilmtngton^ each Court of A/Tize, and the '°i\l'^'^ ^ 
 CommiOioncrs fhall account for the famcj in the fame Manner as all other pub! - 
 
 Monies by Law are to be accounted for. 
 
 CHAP. V. 
 
 An ASfy to revive an ASl^ intituled. An A<fl, to appoint an Agent, to 
 follicit the Affairs of this Province, at the feveral Boards in Endand, 
 
 1. TT 7 H E R E A S, in ahd by an Ad of the General AflenribTfy of this Pr«imw«, 
 
 y y Province, pafs'd in the Year of our Lord, One Thoufand Seven Hun- 
 dred and Forty Eight, intituled, An Acty to appoint an Agents to fotlicit the Af- 
 fairs of this Province^ at the feveral Boards in England, James Abtrcrombie^ 
 Efqi was appointed Agent of this Province, for and during the Term of Two 
 
 Years, 
 
342 L A TV S of N o p. T H - C A R O L I N A. 
 
 tl ° 'lil> Years, next alter the Twenty Fifth Day of March then next iolJowing the Ka- 
 
 '"^' tification of the faid Aft, and it being found very beneficial to the Province, tha^ 
 
 a proper Perfon fhould, by public Authority, follicii and reprcftnt the Affairs 
 
 of this Province, at the fevcral Berards in England; but the faid Act being made 
 
 temporary, and not now in l-'orce, the Tinie Hiiiited therein being expired j 
 
 Ala for tppoifit- IL W E pray it may be Enaded, /^nd he it ErjcMed, hy his Excellency^ 
 '^v-Tfor^jYtits. Gabriel Johnfton, Efq% Governor , by and li-ith the Advice and Confent of his Ma- 
 *■ j^fiy^s Council^ and the General A jj'eriibly of this Province^ and it tS hereby Lnaded, by 
 
 the Authority cf the fame. That trom and aft'.r the katihcation ot this Aft, the 
 faid Aft palled in the faid Year of our Lord, One 'J houland Seven Hundred and 
 P'orty Eight, to appoint an Agent to folHcit the Affairs of this Province, at the 
 feveral Boards in England, arid every Claufe thereof, (except as is herein atter ex- 
 cepted) be revived ; and be and remain in full Force, for and during the Term of 
 three Years, to commeirce at and from the Twenty Fifth Day ot March laft paft, 
 and no longer. 
 
 III. AND v;^hercas, the Salary of Fi'ty Founds Sterling, per Annum, m the 
 faid Aft, mentioned and allowed to the faid Agent, is not adequate to his Trouble 
 and Expencc. And whereas, the Sum of One i-iundred and Eleven Pounds, 
 Nine Shillings and Two-Pence, Sterling Money, appears to be due to the faid A- 
 gent, for extraordinary Expences, Charges and Trouble, in the Service of this 
 Province : 
 
 A«'-nti ArrMM IV. B E it therefore Ena"ed, hy the Authcrlty afcrefaid. That fuch a Sum, 
 sliaryfctti'ed."'^ ki Pfoclamation Mohty, be paid imnieciately to the C omniittee ol Corrcfpon- 
 dence, out ot the public Treafury, by a Warrant from his Excellency the Go- 
 vernor, as fiiall be iuMicient to enable them to remit and pay to the faid James A ■ 
 hercrcmbie in England, the faid One Hundred and Ekven Ponnds Nine Shillings 
 and Two-Pence i'/^r/zw^, and alio, the Yearly Salary of Cnc Hundred Pounds ^S/fr- 
 ling,- to commence frorii the Twenty Fifth Day of March laft paft, for and du- 
 ring the Continuance of this Aft. 
 
 Goa»;nutnc« of Y . A N D be it further Enacted, by the Authority aforcfaid, Th:.t the Honourable 
 James Hafelli Efq; and Mr. John Daivfon,- be, and are hereby added to the 
 Committee of Corrcfponderice, appointed in, and by the before recited Aft, in 
 the Room of Robert Halton, and Eleazer Allen, Efqrs. deceafcd. 
 
 Nn^Wcfthe VI. AND he it further Enacted, hy the Authority afcrefaid. That' this Aft 
 eommittee made ^^jj continue, be, and remain in Force, for and during the Term of Three 
 
 Years, to commence at and from the Twenty Fifth Day of March laft paft, 
 
 and no longer. ii^^ "-^ 
 
 CHAP. VI. 
 
 An A6t, for granting fo bis Majcjly, a Duty on the Importation of Rum 
 and Wine into Anfon County, from South- Carolina. 
 
 PreamWe, I. "f T THERE A.S,' the Inhabitants of A}ifon County, do make Qiiantitics 
 
 W of ftrong Liquors fufficient for their own Ufe, and the frequent Im- 
 portation of Rum, Wine and other Spirituous Liquors into Anfon County fronv 
 South-Carolina^ only drains the Inhabitants of their Subftance, and is greatly de- 
 trimental to their Families : 
 
LA W S of N O R T H - C A R O L I N A. 343. 
 
 , _ ' . — . , .11 ■ '•' ' — — — ■'■' "~ 
 
 /*. D. 1751. 
 
 II. W E pray that it may be Enaited, And -be it Enacted, hy his ExceUcr.cy „ ^"" 
 
 r / ^ ^ ? , ! . . , ■<. r ■ Duty oil L (J'kjij 
 
 Xjabricl Johniton, Efq\ Governor, by and with the Advice and Confent of his Ma- imponea. 
 -jefty's Council, and the General djjcmbly- of this ProvincSi and by the Authority of 
 the fame. That from and after the Twenty Fifth Day of March next, after the 
 'palling this Ad, every Importer of Wine, Rum, and other Spirituous Liquors, 
 fiom Soulh-Carolina, into Anfon County, fhall pay, as a Duty to his Majefby, tlie 
 Sum of 'I'wo Shilhngs and Six-pence,' for each and eVery Gallon ot Wine, Rum, 
 or other Spirituous Liquors fo imported, 
 
 III. AND be it Enacted, hy the Authority aforefaid. That Mr. Caleb Hoivel Coiieaor of Du. 
 be, and is hereby appointt?d Col]e6lor and Receiver, of all the Duties hereby a- ^'"' *''^°'""''* 
 hfing •, and theColleitor of the faid Duties", and fuch as may hereafter be appoint- 
 ed in Virtue of this Aiif, to collect the fame,' fhall, before he eaters on his OfBce, 
 
 give Bond, with fufficient Securities, tty his Excellency the Governor, and his Suc- 
 ceffors, at the Court that flial! be h^4d fof ihe faid County, on the third Tuefday 
 in January- next, in the Sum of One Hundred Pounds,;''and fhall take the follow- 
 ing Oath. 
 
 I A. B. do folemnly fzvear, That I "mill faithfully, juftly and diligently, collect all 'i^'^^On^. 
 and every the Duties arifin? by the Tmportntion of Wine, Rum, and other Spi-^ 
 rituous Liquors, into Anfon County, from South-Carolina. 
 
 '^" So help me God. 
 
 IV. A N D be it Enal^edi by the Authorify aforefaid,' That on the Death or Coiicftor tnbe 
 Removal out of the County, Milbehaviour, or Difability of the Colled:or of the V^j!'"'/'' ^^ 
 aforefaid Duties, the Jullices of Anfon County are hereby iaipowered to appoint 
 another, who lliall enter into Bond, with fufficient Securities as before mentioned, 
 
 and fhall take the fame Oath as before recited. 
 
 V. AND whereas it is necefTary to prevent Frauds, that the Importers of 
 Wine, Rum, and other Spirituous Liquors, imported irtto Anfon County from 
 South-Carolina, fliould declare to the Colledor aforefaid,. the Quantities by him 
 or them imported : ■ '.-.'* 
 
 VI. BE it Enacted, by the Authority aforefaid. That each and every Importer prpcccdin-^toUp 
 T)f Wine, Rum, or other Spirituous Liquors as aforefaid, fhall, before he difpofeth h,a hy impo't"^ 
 of any thereof, give an Account, on Oath, to the Colleftor, what Qiiantitics he or fL'they"ifptfe 
 
 the 
 
 ters 
 
 they have, and fhall pay the Duties thereon, before the Collc6tor gives him a "^ ""3 
 Certificate to difpofe of the fame ; and in Cafe any Perfon or Perfons refufe or 
 ncgled taking a proper CerciHcate from the Colledor, it fhall and may. be law- 
 ful tor the faid Collcdtor, and he is hereby impowered, to make Seizure of all fuch" 
 Winr, Rum, or other Spirituous Liquors, imported mw Anfon County from 
 South-Carolina, that hath not paid the Duty before- mentioned, and fhall make 
 public Sale thereof to the highefl Bidder, after giving ten Days public Notice at 
 the Court-Houfe of the faid County, and the Money arifing by fuch Seizure, 
 fhall be paid to the luff ices of the aforefaid County, at the firfl Court of Qiiarter- 
 Sefllons after fuch Sale is made, and be by them appropriated; for the Ufe of the 
 County. , ; 
 
 VII. A N D he it Enacted, by the Authority aforefaid. That fuch Sums of Duties approiiti^ 
 Money as may be collected on the Duties hereby arifing, fhall be Yearly paid by ^"'^• 
 the Collcilor, (after deducing Ten per Cent for his Trouble) to the Juflices of the 
 aforefaid County, and be by them appropriated for contingent Charges of the 
 County. 
 
 S 4 An 
 
PiWtte. 
 
 344 L A W S of North-Carolina. 
 
 ■^ ■ i>. 1751. 
 
 '^"^ C H A P. VIL 
 
 An Ad:, t6 alter die Times for holding the Courts ror the County of 
 
 Craven. 
 
 H E R E A S two of the Courts which arc hefd for the County of Cra- 
 veri, in eacli Year, fall out on the fame Days the Gentral Courts of this' 
 Province are held at Newiern : 
 
 II. T H E R E F O R E wc pray it, rhay be Enadcd, Jvd be it Enacted, hy 
 ^/i £xif//<?«9' Gabriel Johnfton, Ejq^, Governor, by ard with the Advjce and Con- 
 Jent of his Majejiy's Council, and the General yijfembly df this Province, and by. 
 the Authority of the fante. That after the Katirication of this Aft, the feveral 
 County Courts hereafter to be held foi; the County of Craven, fhall be held on the 
 Second Tuefdays in November,: Februarys Mcy, and Augufi; Yearly ; and all Con- 
 tinuances and References ordered in the Court held for the faid County, on the 
 third 'Tuefd(y in September iaft, fliall be continued over, and all Procefs, returnable 
 to the third 'Tuefday in Decej^ber next, fliuU be returned to th6 Court, to be held 
 for the faid County on the kc.orid Tnefday in Nova?ibernext, and fliall not be Er- 
 ror in the Frocefs or Proceedings aforefaid •, any Law, Ufage, or Cuftom to the 
 contrary thereof, in any- wife, notwithllanding. 
 
 C H A P. VIII. 
 
 An AB, to confirm the four Lots in Newbern 'Town, lately conveyed to the 
 Cotmnif loners for the Pi^blic Buildings, for the Ufe of the Public for ever. 
 
 private. L 'Wf PI E R E A S, by an Aft of the General Affcinbly, pafled at Neivbern, the 
 
 V V Seventcentl:^ Day o'iM.nrchi;^) hv the Year ofour Lord Cne Thouf^nd Se- 
 ven Hundred and Forty Nine, intituled,' An additional Act to an Act, intttuUdy 
 An Act, to fix a Place jcr the Seat of Gevtrnment, and for kcfp.rgPuhl.c Off.ces, for 
 appointi7ig Circuit Courts, ■ and defraying the Lxpence thereof ; and aljo fcr ftali.fh- 
 ing the Courts^ of J ufiice,, am d regulating ihe Proceedings therein; John Starkey, 
 Edward Grijfith\ and Jeremiah Vail,- wtre appointed CoitimiHieners, with iuil 
 Power and Authority to agree with any Perfon or Perfons to ertft, carry on, and 
 perfeft the Publie Buildings- at the To\^noi Newbern ; which laid Comniiflionfrs, 
 agreeable taa Refolve of the General AfTe'mbly, had, by the faid Commiffioncrs lor 
 conveying Lots in the Town of Newbern, granted to them, their Heirs and Af- 
 flgnSy for the Ufe of the Public for ever, by Deed, bearing Date the Seventeenth 
 Day. of April, One Thoufind Seven Hundred arid Fifty, four Lots of Land in 
 the faid Town, known in the Plan thereof by the Numbers 248, 249, 250, 251 ; 
 which faid Lots, by Reafon of the Provifo in the faid Deed mentioned, will ioon 
 become lapfabie^ and,. thereby the Money already expended towards the Public 
 Buildings no^beguii,. •will be loll,- and the good Intentions of the faid Law de- 
 feated: For Remedy whereof, 
 
 II. W E pray it iftay be Enaftcd, yind heir Enacted, by his Excellency Gabriel 
 Tohnilon, Efq; Governor, by and with the Advice and Cor.fent of his Majefifs 
 Council, and the Gsneral Affembly of the faid- Province, and by the Authority of the 
 fame, That-tlie faid four L<?is of Land in the Town of Newbern, nu'cnh^vtd, 248; 
 249, 250, 251, fliall, and they are hereby declared to bcfavcd, for the Ufe of the 
 Public for ever, for the Purpofes aforefaid, by Virtue of the faid Deed, in as full 
 afid ample Manner, as if the faid Commiffioners had creftcd a Houfe on each of 
 
 the- 
 
L A W S of North-Carolina. 345 
 
 £he laid Lots, of the Quality and Dimenfions prefcribcd by one A6t of Airembly, ^- ^- ^^^ 
 palled at a General Biennial AlTembly, held at Edentov, m the Year of our Lord ~'^~ 
 One Thoufand ^evcn Hundred and Twenty Three-, and. alfo naentioned in one 
 other Act of AlTenably, palFed in the Year of our Lord One Thoufand Seven 
 Hundred and Forty Light, intituled, An Aci for the better regulating the 'Town of 
 Newbern, for fencing the fame, and fecuring the Titles of the fever al Perfons -voho 
 hold Lots in the faid To-jxjn-y any Law, Ulagc, or Cuftom to the contrary, in a- 
 hy-wifc', notwithitanding. 
 
 CHAP. IX. 
 
 An Aa, to amend and f apply the Defeats of an A5f, intituled^ An Adl, to 
 appoint Commiirioners in the Place and Stead of thofe deceafed, to 
 Gompleat and linilh the Church at Newbern^ and for adding the pre- 
 fent Churchwardens and Vtftrymen to the faid Commiilioners, and for 
 impowering the fciid CommifTioners, Churchwardens, and Veflrymen, 
 to call the former Comniiilionei's to Account, tor all the Monies by 
 them received for the Ufe of the faid Church, and to appropriate it 
 to the Purpofe afore faid, and in Cafe of Iniufficiency, to lay a Levy to 
 accomplifli the fame. 
 
 I. ^WJ K E R E A S by the above recited Ad of Afiembly, the then prefcnt Private. 
 
 VV ^Churchwardens and Veflrymen of the Parilh of Chrijl Churchy toge- 
 ther with John Fcnveille, KdivJ/rd Bryan, and Cbrificpher Gregory Hohbs, were ap- 
 pointed CoinniiiTionirs, in the Room, flace, and ^tead of William Wilfon, Adam 
 Micre, an.i George RobertSy deccafcd, CommifTioners, appointed by one other 
 \cl oi Alfembly, palfcd at Edenton the Fourth Day of April, in the Year of 
 our Lord One Thoufand, Seven Hundred and Forty One, intituled. An A£f, to 
 enable the Commijfioners therein after appointed, to erect andfi'hfh a Church in New- 
 bern, in Cravtn Ccunty and Parifh, in the Province aforefaid; and for the better re- 
 gulating the faid To'uon, and other Purpofcs therein mentioned: 
 
 II. AND whereas no Provifion is made in the fiid A6V of AfTembly, for fup- 
 plying CommifTioners in the Room of fuch as fhould die or remove, nor any 1 ow- 
 cr given to th'e fucceeding Churchwardens and Veflrymen, to aft agreeable to the 
 Purpofcs of the faill Law •, and Edward Bryan, and Chrifiopher-Gregory Hobbs 
 being now dead, and the Chiirch not compleatly tinilhed : 1 herefore, 
 
 II. B E it Enabled, by his Excellency Gabriel Johnflon, Efq; Governor, by and 
 with the Advice and Confent of his Majejiy's Council, and the General Affembly of 
 this Province,^ and it is hereby Enabled, by the Authority of the fame, 1 hat the 
 Churchwardens and Vtftrymen of the Parilh of Chrifi-Church, in the County of 
 Craven, for the Time being, or the Majority of them,- Ihall have full Power and 
 Authority, arid they are htreby authorized, impowered, and required, to call to 
 Account the CommifTioners appointed by the faid above-recited Adlsof AlTembly, 
 their Heir?, Executors, dnd Adminiftn.tors, tor all the Monies by them collected 
 and received -, or that fhaU or may be in the Hands of them or any of them, for 
 the Ufe of the faid Church ; and alfo all other Perfon or Perfons who may have 
 any of the Taid Monies in their Hands ; and in Cafe of Neglcdi or Refufal of any 
 of the CommifTioners, theif Heirs,' Executors, or Admuiiftrators, or any other 
 perfon or Perfons as aforefaid, upon Demand of the faid Churchwardens and 
 Veftrymen, or the Majority of them, to account and pay down all fuch Sums of 
 Money, as are remaining due and unpaid in their, or any of their Hands, to the 
 faid Chr hwardens and Veftrymen tor the Time being, or the Majority of them ;■ 
 
 tnat 
 
346 L A W S of N O R T H - C A R O L I N A. 
 
 ■^. D. i-<;i. that then, and in fuch Cafe, ilich (vommiiiiontr or ComnrnfTiontrs, or other Per- 
 
 ,' ^ ' f^j,-, concerned therein, iliali forreit the Sum of Ten Pounds Froclamation Money/ 
 
 and be further liable to an- Aftion at the Suit of the faid Churchwardens and Vef- 
 trymen, fof all fuch Sums as Ihali- appear he or they are fo in Arrcar : Which faid' 
 Sum of Ten Pounds Proclamation Money, lliall and may be recovered by Adiorf 
 of Debt, Bill, Plaint,: or Iniormatioii, in any Oourt of Record in this Province ; 
 wherein no i'Jibign, Proteftion, Injunftion, or Wager of Law Ihall be allowed 
 or admitted of, by any Perion who fliall profccute or fue for the fame ; and fhali 
 be applyed towards finifliing, compleating,- and building the faid Church. 
 
 IV. AND whereas f;veral of the_ Inhabitants of- J^/?)^/?-?;? and Cr^^vw Coun'*' 
 ties, have not paid the feveral Taxes in Virtue of fcveral A(fbs of AlTcmbly, for 
 and towards building the faid Church in Neivbern • 
 
 V. 7' HERE FORE be it Enacted, by the Authority afcrefaid. That the 
 faid. Churchwardens and Veitrymen, for the Time being, or the Majority of them, 
 are hereby directed and impowered to iffue their Warrant or Warrants, direfted 
 to the Sheriff of the refpeftive County, where any Perfon or Perfons being in Ar- 
 rcar for the aforefaid Taxes fliall or may refide, to levy fo much Money ofthcii' 
 feveral Goods and Chatties, as it fliall appear they or any of them are in Arrear ; 
 which faid Sheriff fhall account with, and pay to the faid Churchwardens or Vef- 
 tfy men, or the Majority of them, all fuch Sums of Money as he fhall receive by 
 Virtue of this Acfi. 
 
 VI. AND he it En-acted, hy the Authority cforefaid. That the Claufe in the 
 before-recited Aft, appointing Commiffioners as herein before-mentioned, be and 
 is hereby repealed. 
 
 C H A P. X. 
 
 jin Acl^ to impower the fujllces of Johnilon Coimty, to divide the fatne 
 info DiJh^iBs, and to appoint Co j?imiJJioncrs for the Roads. 
 
 Prirate. J- T'^T'PIEREASbyan A61 of the General AfTembly of this Province, pafTed 
 
 V V ^^c Neivhern, on the Twenty Eight Day of June, in the Year of our 
 Lord One Tiioufand Seven Hundred and Forty Six, intituled, An Act for erect- 
 ing the upper Part of Cx^'v^n£cunty into a County and Parifj, and for. appointing 
 a Place for btdfding a Court-houfe,- Prifon, and Stocks in the faid County ; the 
 County of Crai-en was divided, and die upper Part of the fame ertcfed into a 
 County and Parifli, by the Name of Jobnftou County, and Parifh of St. Patrick-, 
 but no Provifion being made by the faid /^.d:, for making, mending, and repair- 
 ing the Public Roads in the faid County : 
 
 II. W M E R E F O R E we pray it'' may be EnacT:ed, And he it Enacted, hy 
 his Ecellency Gabriel Jo'hnfton, Efq-, Gbvcrnor, by and loith the Advice andCon- 
 fent of his Maj^fly'' s Council, and the General Affcmbly of this Pro'uince, and it is 
 hereby Enacted, by the Authority of the fame. That the Jufticss of the faid Coun- 
 ty, or the Majority of them, are hereby, impowered an4'.' required, at the next 
 Court, to be held for the f lid County after the Ratification of this A&., to divide 
 the fame into Diil;ri61s, and appoint Commiflion' is of the Roads. 
 
 III. A N D be it further Enacted, by the yluthoritj aforefaid. That the Com- 
 mifTioners fo appointed, fliall be invefled with the fame Powers and Authorities^ 
 tvhich are given to the Commiirioncrs by an Ad', intituled, An Act for ijnpcwer^ 
 ing the feveral Commiffioners- therein after named,, to make, mend, and repair all 
 
 Roads ^ 
 
L A IV S of North -Carol IN A. 347 
 
 'Uoadsy SrJges, Cuts^ andlVc.ier-Ccv.rfes^ c-inady laid cut^ or hereafler to be laid r^- ^ '75'.' 
 ff«/, in the fever al Counties and Dijlricts therein after appointed^ in fuch Manner ^^"v — -^-^ 
 as they faall judge moji ufeful to the Public. 
 
 . n^ -^^ 
 
 C H A P. XI. 
 
 An A51, to invejl the 'Property of a Bridge tn John Peacock, j6zV Hdr^ 
 and yii/ignes^ (by bun already built over Coiltentney Creek) for the ■ 
 Tern; of 'Tvjenty Five Tears. 
 
 l.'W THEREASa Bridge over Great Contentney Creek, on the main Road, Prirac. 
 
 YY !<-aJing from Johnjlon County ioEdgcombCox^ntyfi^ much for the Con- 
 veniciicy ot Travellers ; and Sajnuel Peacock having already built one on his own 
 Land, at his own Expence, where the main Road croiilth the Creek, and petition- 
 ing to be allowed the Privilege of taking and receiving trom Travellers, the u- 
 fual Rates they were accuftomed to pay, when he kept a Ferry there j and to be 
 inverted jWith the foie i^toperty of the faid, Bridge, for the Space of Twenty Fi-^' 
 Years: '"' .,..•... 
 
 II. W E pray it may be Enaded,^ And be it Enabled, by his Excellency Gabriel 
 Johnfbon, Efq; Governor^ by and wjth the Advice and Ccnfent of his Majefly's 
 Coiinal, and the General Affembly of this Province^ and by the Authority of the 
 the famcy. That it Ihall and may be lawful for the faid Samuel Peacock^ his Heirs 
 or Afiignes, to keep a fufficient Gate on the Bridge built by him, on Great Cm- ' 
 ientney Creek, where the Road now croffcth the f.ad Creek, leading from Johnfin^ ■ 
 County to Edgcomb CQUXit'j ^ and take and receive from all Perfons that Ihall pafs 
 over the fame, the following Rates j that is to fay,. 
 
 FOR every Man and Horfe, , Four Pence. 
 
 FOR every Carriage, drawn by One or Two Horfes or Oxen, One Shilling. 
 .AND for e Very Horf', Mare, or Ox, Four I-'ence each. > . 
 .;AN D for every Head of Neat Cattle, One Penny. , , 
 
 AND -ibr, every Twenty Hogs or Sheep, One Shilling. 
 
 AND fo in Proportion for a greater, or lefler Number of Hogs or Sheep; 
 for and during the Space ot Twenty Five Years, and no longer. 
 
 III. ^JVD be it further Enacted^ Th^t during the Time the Bridge fhall be 
 kept in Repair, and fit for Travellers and Carnages.to pafs and repafs the fame, 
 it ihall not be lawful for any Perfon whatfoever, to keep any Ferry, build any 
 Briogc, or fet any 1\ rfon or Perfons, Carriage, or Carriages, Cattle, Hogs, or 
 Sheep, over the faid Cretk, forFee orReward, within fix Miles of the fame, durino- 
 the Time aforefaie.-, under the Penalty of Twenty Shillings Proclamation Moneys 
 for each and e/ery Cffence, to be recovered by the faid Samuel Peacock^ his Heirs,' 
 Executors, Adminii^rators, or Affignts, before any Magiftrate of the County ; 
 to be applied to the Ufc of the Proprietor of the Bridge built by the faid Samuel 
 Peacock •, and during the faid Time, the Right and Property or the faid Bridge, 
 is hereby invcfted in the faid Samuel Peacock, his Heirs, Executors, Adminiftrators, 
 br AfliKnes, 
 
 GJ H A P» 
 
348 L AW S cf North-Carolina. 
 
 ■ - — ' — — — ■ ' 1. 
 
 A. D 1751. 
 
 "^-"v"-^ CHAP, XII. 
 
 An A£ij for building a Church in "Wilmington, in St. James'^ Farifty^ 
 in New-Hanover County. 
 
 Prirate, J. -^-^7 HERE AS the CKurch of St. James's Parifh, m New-Hanover 
 
 y Y County, is by J-.aw appointed to be buiit in the Town oi fVilmingtcn : 
 And whereas many well-diipofed Fctfohs have lubfcribed Hbtrally thereto, and a 
 fafthtf Sum is yet neceflary to carry on and compleat thfc lame : Vv'hertforc, 
 
 II. W E pray it may be Enaded, Jrtd be it Enci£Jed, by his Excellency 
 Gabriel Johnfton, Efq\ Governor., by and with the Jdvice and Confent of his Ma- 
 jejiy's Council^ and the General Ajjembly of this Prcviiice, and it is hereby Enacted, by 
 the Authority of the fame ^ That a Tax oi' One ShilUng and Four Pence, Pro- 
 clamation Mon^y, be- laid on all the Taxables of the faid i^arifh of St. Jameses, 
 for the Space of Three Years trcm the Ratification htrtol •, to be co]!i(51;td 
 Yearly, and every Year, as altothtr Taxes uilially are, by the Sheriff of Ncw- 
 Hanofver County ; and to be Uy him accounted tor, and paid Yearly, to the Coni- 
 mi/Tioners in this Act hereafter appointed, or the Majority at them. 
 
 JII. AND to encourage a further and large r Subfcription, for compleating 
 the faid Church in a decent Manner -, B E it EnaSled^ by the Authority aforefaid.^ 
 That every Subfcriber fliall have a proptr i-lace in the. faid Church, to build a 
 Scat or Pew upon, in Proportion to his Subfcription, as the Comm.ifiioners or the 
 Majority of them may determine; which i icce or Parcel of Ground fo adjufted 
 and fct off, fhall be an Eftate of Inheritance to fuch Perfon or Ptrfons, his or 
 their Heirs or Affigns, for ever-, fuch Prrfon or Perfons building, or caufing to 
 be biiilt, fuch Seat or Pew, ascthe Commiiliontrs may judge proper and regular, 
 fo as the fume be fct up and finifhcd within fix Moiiths alter compleating the faid 
 Church. 
 
 IV. AND be itKna^ed., h the Authority afcrefrid. That the CommifTi- 
 oners hereafter mentioned, or the Majority of thtm, fhaii have it in their Power 
 to fet off to fuch i'erfonR^nd their Families, Inhabitants of St. James's Parifii, 
 fuch Places for erefting Seats, and under fuch Regulations, as th:ry, or the Majori- 
 ty of them, may judge rntifl; proper. 
 
 V. AND that the (liid Church may be carried on and finifned in the heft and 
 neateft Manner,- and with ail pfoptf CEconomy -, Be :t Ena^ed^ by the Autho- 
 rity afcrefaid., That all the Members of his Majcfty's Council, Sair.uel Swann, Jo- ' 
 fefh.Blake., IViUiam FariSy John Sam ff on., Lewis D'RoJfei., and John Afh, Efqrs. 
 be appointed Commiflioners i and they, or the Majority of them, refident in tbe 
 faid i^arifh, fhall have and maintain an Aftion in any Court of Record in- this 
 Province, againft any Subfcriber neglecting or relufing, after Demand made, to 
 payxh^ ivloney -by him or htr lubfcribed to and tor building the faid Church: 
 And xhi Comnhifiioners or the 'Majority of them as afonfaid, arc hereby impow- 
 c red to 'fix Upon a proper i'lan' for the faid Church, and to agree with Artificers, 
 purchafc and- get tlve Materials together convenient lor the Btiilding, with ail that 
 may be neceffary for Compleating tlie fame. 
 
 VL A N D whereas a Piece or Parcel of Land ii already allotted, and made 
 Qvtvhy Michael Hi'^gins^^st that T\mt one of the Proprietors of the afcrrfaid 
 Tov/n of PVtlmington, for tlie buiiding a Church and Church-Yard, the whole 
 containing only Half an Acre, which being toofmall for anf^'ering both Purpofes : 
 Be it Enatled., by the Authority aforefaid., That the faid Commiflloners fhall be 
 at Liberty, and th?y are hereby im powered, tomaksUfeof Thirty Feet of Mar- 
 ket- 
 
LAWS cf N O R T H - C A R O L I N A. 349 
 
 ket-ocrcct, tor cnc Front ot th j faia Cliurch to be Icaicd upon, if they judge neceffary. ^ ^' '.''!';^ 
 
 VII. AND for enlarging the Church- Yard, P^ // Enafitd, by the Authority afore- 
 Jai'd, That the Commillioaers before- mentioned, fhaJl he and they are hereby im- 
 posyered, to purchafe fuch other Parcels ot Ground adjoining to the laid Half 
 Acre, as they may judge convenient, for the Ufc ot the Church and Church- Yard. 
 
 VII. A N D he it further Ena5led^ by the Authority aftrefaid. That if any 
 Sublcribcr ihall die pofilfled of a Seat in the fiid Church, and no Heir or Afllo-ti 
 of any (ueh Subfcribtr or Subfcribtrs, lb dying policircd as aforefaid, Hiall claim 
 the fame within three Years aitei the Death of fuch Subferiber the Churchwardens 
 for the Time bting, are her; by impowtrcd to difpofe of the fame, for the Benefit 
 of the faid ij'arifh j any Thing in this A6\: to the contrary, notwithftanding. "T " 
 
 IX. AND be it further EnaEled^ by the Authority afore faid^ That the Com- 
 ipilTioners fhall Yearly^ on every Ecfier-Mondoy^ if required, produce a fair State - ■ 
 
 of their Accounts, with' the Vouchers, to the Vtllry and Churchwardens of the 
 fiid jt^ariili of Sc. James's^ for the Time being. 
 
 X. AND whereas the Commi/Tioners of the Town of IVilmington^ with fe- 
 veraiof the inhabitants, \\.ivti fitted up a decent Place for public V\ orfhip, in a 
 convcni'jnt Part of the Court or Town-Houfe, Be it Enabied, by the .iuthoritv a- 
 forefiid. That the fame Ihall be continued as a Place fitted for the public Wor"(hip 
 of yilmighty God, withoui: any Interruption, Lett, or PJindrance of the Sheriff 
 or Comniifnon; rs ut the laid 1 own, or any other Perlbn whatfotver, untill fuch 
 1 ime as the Church of the Parifli is tinifhed, fo as thf re be fufiicient Room re- 
 maining tor the Courts ot Aflizc, the County and other Courts to be held therein. 
 
 XI. AND that the T.id Houfe mny be kfpt in a cleanly and decent Manner 
 Bi it Enabiedt by the Authcnty afcrefmd^ That the CommiiTionirs of the fiiid 
 Town lor the Time being, be, and they are hereby impowertd, to agree with and 
 P^y a pr jper Perlbn und^rtuking the fame, a Sum not exceeding Pive Pounds 
 Proclamcttion Money, ptr Anr.um^ for the keeping the faid Houfe fwt-pt and clean 
 op-ning and fhutting the Doors and Windows, ringing of the Bell, and other 
 n^icffary Att-ridance on all public Occafions, to be defrayed out of the faid Tax of 
 the f-id Towrt 
 
 XII. AND he it Enacted^ by the Authority aforefaid. That no Pei-fori or Per- 
 fons Hiaji be allowed to hold any public Meetings, lor Diverfions of any Kind, in 
 the faid Court or Town-lioule, by Allowance of any Commiffioner, Sheriff, or 
 any other Ofticer whutfoevcr, untill the fiid Church lliall be finilhed ; under the 
 Penalty of Ten Pounds, Proclamation Money ; one Half for the Ufe of the Pa- 
 rilh, the oth.rHalt to hini or them that will fue for the fame, in any Court of 
 Record in this Province •, wherein no Efibign, Protcftion, or Wager of Law 
 fliali be allowed or admitted of. 
 
 C H A P. XIII. 
 
 jtin A5i^ to appoint Commijfioners to receive^ coUc6f, and apply Subfcriptiom 
 towards buildiii% oj a Church in the Town of Brunfwick, in St. Philip'.v 
 Parijh^ and for other Lfes therein ir,e7ititned. 
 
 WHEREAS ftveral wcll-difpofed Perfons, are inclined to fubfcribc P.Witr' 
 and contribute fcvtral Sums ot Money, tov/ards building a Church in 
 
Ijjq L aw. S,. ^of ^ ,N o.R.T.K - Ca r.o L I n a. 
 
 ^- ^- 1751- the Town ot Brun/ivkk^ in the i-'arilli qi St. J'liUpy and County of Ncw-Hattoy^- 
 "V" — ' ver : For the more efffctud coliefting and applying the faid Sublcriptions, 
 
 ll/,- W E pray it ^ay-be Enadkdv>yvV/J l^e it Enacted, hy bis Excellency Gi\- 
 feriel Jphnftonj Efq; Gavernery by and i^i-th the Advice and Confent of bis Majefifs 
 Council^, and the Qc\i&rql /iffemhly of (his Frovmcc^ and it is hereby Knac-- 
 ted, by the Authority of the fame. That the Honourable Mattheiv Ro-wan, and 
 J&mes llafe.ll^ Klq.r;5. John Ruffel; -, aii,d Williarn Dry, Efqrs.' Richard ^iju'cj 
 ^ and John Davis, Gentlemen, be, and are hereby appointed Commifiiontrs, with 
 full Power and Authority, to colktt and receive of and from all and every Per- 
 fpn or Perlbns, contributing to the Building of the faid Church, the feveral Sum 
 Qr Sums of Money or other Donations whatfoever, v/hich fhall at any Time here- 
 after, be by fuch Perfon.or Perlbns fcverally fubfcribed and contributed. 
 
 III. AND be it further Enacted, by the Authority aforefaid. That m Cafe a- 
 ny Perfonor Perfons fubfcribing or contributing as aforefaid, his or their Heirs, 
 '■ Executors, or Adminiilrators, fhall neglect or retufeto pay to die faid Commiffi- 
 
 bners or the Majority of them, or thtir Order, the >um or Sums byithem, their •^ 
 Anccftors, Teilators, or Inteftates, rflpi6t:ively fubfcribed, given, bequeathed, 
 or contributed as aforefaid •, it fhall and may be lawful to and for the -faid. Com- 
 rniffioners," or the Majority of them, lor the Time being, to maintain an Aftion or 
 Adiohs in their own Names, againit fuch Perfon or rerfons, iiegle6ting or refu-' 
 fmg as aforefaid, in a^iy Court v/ithia this Province, wherein the fame, is cogniz- 
 _^ able. 
 
 lY. AND be it E-nafted, by the Authority aforefaid. That in Cafe of the 
 Death, Departure out of the Parifh, or litfufal, to act of any of the faid Com-' 
 miflioners, it fhall be lawful tor the remaining Commiffioners, together with the 
 Churchwardens and Vcftry of the faid' Parifh tor the Time being, to choofe and 
 appoint another Commiflioner, in the Room of fuch Com miflloner dying, depar-- 
 ting the pari(h, or rtfufingto a6l as aiorciaid •, and the Commiffioncr fo elefted 
 and appointed, fhall be inyefted with all the Powers and Authorities of any other 
 CommilTipncr appointed by- this Aft. 
 
 ! V.' j^^p. ,keit furiher Enaffed, by the Authority aforefaid. That the feveral 
 Si!i"ms of "Money or other Donations whatfoever, whith fhall be coileftcd or re- 
 ceived by Virtue ot this A61, iliall be applied by the the faid Commiffioners, or the 
 Majority of- them, from Time to Time, ibr and tov/ards building a Church in the 
 Town ob .5r«,«/w;V^ aforefaid, and tov/ards purchafjng a Glebe, and building a 
 MarifiOiY^DufefQr tivr^y/ti of the faid Parifho 
 
 VI. j^i^D. he it fmthfir Enabled, That the Commifjioncrs appointed or to be 
 appointed. by. Virtue of this A6t, fhall account, upon Oath, with the Veftry of the 
 faid Parifh,,. on Eafier-Menday in every Year, tor all the Monies or other Donati- 
 ons, which rhey or either of them fhall receive, for the Ufe and Purpofes herein- 
 before-mentioned, under the Penalty of Ten Pounds, l^roclamatiorv Money, for 
 each Conrmiirioner refiifmgor neglefting to account as aforefaid ; to be recovered 
 by the Churchwardens of the faid Parifh for the Time being, for the Ufe of the 
 laid Parifh, in any Court of Record within this Province, wherein the fame is 
 cosnizablco 
 
 C HA P^ 
 
L A _W S- ^ of North-Carolina. 351 
 
 A, l>. 1751- 
 
 CHAP. XIV. 
 
 Aft AB, to appoint a convenient Place for holding the County Court of 
 Duplin, ^nd to impower the Commijfioners therein-named, to build a Court- 
 ' Houfe^ Prifony and Stocks in the faid County, and for mlarging the 
 '^,:Boiinds thereof 
 
 f; V-jr r H E R E A S, by an Aft, intituled, A7t Act for erecting th; upper Part ^'!"."' 
 
 y Y ^f New-Hanover County into a County andParJjJj, by the Name, of "Dn- 
 i^tXm County, and St. Gabriel' j Parijh', and for appointing' a 'Fldce fcr building a 
 Court-Houfe, Frifpn, and Stocks in the faid County; amongft other Things it 
 was Enaded, That the Jufticesof the faid Court^ or the Majority oO^'^-'m, at 
 their firfl: Meeting, fhould nominate arid appoint a convenient Place within the 
 faid County, to build a Court-Houfe, Prifon, and Stocks; which fairi ,iifriccs 
 bring then unacquainted with the Bounds ot the faid Cqunty,. did, by Crder of 
 the faid Court, appoint a Place whereon to build a Court-Houfc, 1 hfon, and 
 Stocks, which faid Place on Examination, is found to be within t.n Miles of the 
 Eaftern Bounds of the faid County ; to the great Incommodity and Dttrim.cnt of 
 the Inhabitants thereof attending the faid Court : Wherefore, 
 
 ..;';■ JTTT .1 
 
 • II. WE pray it may be Enadted, And be it Enacted, by his Exceltev.cy Czhv\t\ 
 Johnfton, Efq^-, Governor, by and with the Advice ana Ccnfcnt cf.h.s lyir j rjly* s_ 
 Councili and the General Affembly oj the faid Province^ and by the yiuihonty of the. 
 fame. That the Court-Houfe, Prifon, and Stocks for the faid County of i}«^//'% 
 fiiall be fixed as near the Center of the faid County as coba''. nitntiy can be ; and 
 that Mr. Arthur Blackman, Mr. Anthony JViliianis, Mr J'ViI/:am M'-G. e, Mr. John 
 Brock, of Duplin County, and Mr. PFilliam Mills, ot Onf.w Couiicy, or the 
 Majority of them, are hereby appointed upon their Oaths, to.rix\ the nioft com 
 venicnt and central Place in the faid County, to build the faid Court-Houft, rri- 
 fon, and Stocks on ; and their Proceedings thtreon return to ^e next County 
 Court, after they or the Majority of them fhall agree on the fame. 
 
 •;,7^ :-! V.' 
 
 III. ANT) belt further Enacted, by the Authority af or efaid, TfjatMr. George 
 Mears, Mr. fVilliam Houflon, and Mr. Jofepb t^^ilhams, bf, and tii< y are hereby 
 appointed CommifTioners for eredting and building the faid Court- Houf:?, Prifon, 
 and Stocks •, and alfo to contract and agree with VVorkmeri to build the fanic, of 
 fuch Dimenfions as fhall be agreed on by the County Court. 
 
 IV. AND for defraying the Expence thereof, Be it-Enacted, by the Authority 
 af or efaid. That fo much of the Tax laid upon the Inhabitants of the faid Coun- 
 ty, and already collefted, as well as what hereafter may be colktled, for and to- 
 wards building the Court-Houfe, Prifon, and Stocks, fnall be by the ShtrifF of 
 the faid County, accounted for and paid unto the afore-mentioned Commifijoners. 
 and be by them applyed for and towards building the Court-Houfe^ Prifon, and 
 Stocks, in this Aft mentioned to be built. 
 
 V. AN D be it Enacted, by the Authority af or efaid. That the Claufc in the be- 
 fore-recited Aft, lo far as relates to the appointing a Place for building a Court- 
 Houfe, Prifon, and Stocks, and building the fame, , be and is hereby repealed, 
 and made void", to all Intents, Purpofcs, and Conilruftions, as if the fame had 
 flevtfr been made. . .n^^in '-V r-:r'.'.b *: ^ : 7.^ .V -.[i v i 7 cr;:^?! ^ 
 
 .t,' AND whereas tl;e .dividing Line between New-Hanover County and Duplin, 
 i« circumfcribed by Co-hcry, by which Means a long narrow Stripe of Land, be- 
 tween the faid Qo-hery and Black-River, ftill remains in Ntvo-Uanover Countv^- 
 
 U 4 ■which' 
 
^§2 L A TV S o/' N O R T H - C A R O L I N A. 
 
 ^ D. i7ir. which renders it very inccnvtnicnt to the Inhabitants dwelling thereon, to attend 
 '^ V — — ' the Courts at IVilmmg^ton, by Reafon of its great Diftance thcrelrom -, Be it there- 
 fore Enacted, by the Authority aforefaid. That the Line between the faid Counties 
 ihali be continued from the Place where Co-hery arid the Six Runs m'ctt, by a Weft 
 Courfe, until the lame Itrikes Black- River, and from thence the County of Duplin 
 Ihall be bounded by iJ/^ci-Zirj^r, up to the Mouth of i^/^r^-A^V/^r? Creek, thence 
 up the faid Creek to the Bounds of the faid County •, any Thing in the Ad' for erec- 
 ting the upper Part of New-Ha)iover County into a County and PariHi, by the 
 -,r,:.': Name of Duplin County, and St. Gabriel's V^nih, for the appointing a Place for 
 building a Court -Houfe> Prifon, and Stocks in the faid County, concerning th^ 
 Bounds of the faid County, to the contrary, notwitftanding. 
 
 CHAP, XV. 
 
 An Act, to imponver the Court of Bladen County, to lay out certain Dif- 
 trtSlsin the Places therein-mentiojied, and to appoint Conimijioners of the 
 Roads for the fame. 
 
 Private, I. X T T H E R E A S by an A6f, intituled. An Act, for impcwsring the feveral 
 
 YY Ccmmiffioners herein ofter-nanud., to hiake, mend, and repair all Roads, 
 Bridges, Cuts^ and IVater-coHrfes, already laid cut, or hereafter to be laid out, in 
 the feveral Counties and Diftricts herein after-appointed, in fuch Manner, as they 
 judge mofi ufeful to the Public, no Cohnmiffioners were appointed for the South- 
 IVeJl Side of the North-lVeft Branch of Cape-Fear River, above Bartram's Ferry, 
 near Rock-fiflj Creek m Bladen County, and from Douglafis Creek upwards, on 
 the North-Eaji Side of the faid River ; whereby the Inhabitants of thofe Parts of 
 the County, have not been able to obtain a Road to pafs and repafs to and from 
 the County Court, and about their lawful Bufinefs, to the great Damage of the 
 faid Inhabitants ; Therefore, - 
 
 II. W E pray that it may be Enaftsd, And be it Enacted, by his Excellency 
 Gabriel Johnfton, Efq; Governor, by and ivith the Advice and Confent of his Ma- 
 jejiy's Council, and the General Ajfernbly of this Province, and by the Authority of 
 the fame. That the Juflices of Bladen "Counry, at their next Court to be held for 
 the faid County after the palimg of this Aft, fliall, and they are hereby impower- 
 cd, to lay out Diftrids in the Places before-mentioned, and to appoint Commifli- 
 oners for the fame ; and the Commifiloners fo appointed are hereby invefted with 
 all the Powers and Authorities, and fubjefted to all the Duties and Penalties, as 
 any other Commrffioners have or ought to have, or are fubje<St to, in and by the 
 before-recited Aft, 
 
 CHAP. XVI. 
 
 A?i AB, to amend an A5l, intituled. An" Ad, for cf^ablifliing the Church, 
 for appointing PariOies, and the Method of eledrng Veftries, and for 
 direiSing the Settlement of Pari (h Accompts throughout the Province. 
 
 J. -T "jr T H E R E A S the Method of electing Veftrymen, as prefcribed by atl 
 W ^^-^ intituled, An Act, for efiablijhing the Church, for appointing Pa- 
 rifhes, and the Method ef electing Fefries,- and for directing ^ the Settlement of Pa- 
 rifh Accompts throughout this Government, hath been found inconvenient and detri- 
 mental to the feveral Parilhcs within this Province ; therefore for the better RegU- 
 liition of fuch Ele<5tions for the Future, . 
 
 IT„ WE 
 
L A fV S of North-Carolina. 35' 
 
 ./. V. 
 
 II. W E pray it may be Enafted, ylnd be it Enacted, by bis Excellency Gabriel *■ v" 
 
 Johnfton, Z''/^-, Governor, by and with the Advice and Cunfent of his Majejly's 
 Council, and the General Aj[cmbly of this Province, and it is hereby Enaced, by 
 
 the Authority of the fame, 'i hat irt every Elcdtion of Veftrymen hereatter to be 
 made in every Panfti within tliis Province, the Poll lliall be taken by Ballot, by 
 the Sh.rifF of the County, or his Deputy, in the fame Manner as the Poll for c- 
 leding Members of Aflembly, is and ought by Lav/ to be taken ; any Law, 
 Ufage, or Cuilom, to the contrary, notwithilanding. 
 
 III. A N D be it further Enacted, ky the Authority a forefdid. That it fliall and 
 may be lawful, at every iili.wtibn ot Veftrymen as aforciaid,' for every Perfon qua- 
 lified by Law to vote or ballot for a Memlier of Aflembly for the County, in 
 which he fefides, and for nd othvf Perfoii whatfoever to vote as aforefaid, for 
 Veftrymen for his Parilh refpeftively. 
 
 IV. A N D be it further Enacted^ by the Authority hforefaid. That no Perfon 
 whatfoever, but fuch as is qualified by Law, to be cho'len a Member of the Ge- 
 neral AiTembly for a County of this Province, ihal! be cltofen' a Veftryman for the 
 Parifh in which he refides. 
 
 V. ANB be it further Enacted, by the Authority aforefaid. That the Elec- 
 tors of Veftrymen, and the Candidates for Veftrymen, and the Sheriff" or hi* 
 Deputy, taking the Poll for Veftrymen, and each and every of them, fhall and 
 are hereby impowcred and required to proceed by the fame Rules, and Ihall be 
 fubjed to the fame Duties, and to the fame Penalties, as in like Cafes they and 
 each of them are by Law fubjedt to, in eieding or being eledted Merhbers of Af- 
 fembly, or in taking the Poll for the faid Members. 
 
 VI. PROVIDED that nothing in this Adt fliall be conftrued to debar the 
 Members of his Majefty's Council, or any of them, Irom cleding or being elec- 
 ted Veftrymen for the Parilh i'n which thty refide. 
 
 VII. AND be it further Enacted, by the Authority aforefaid. That every 
 Claufe of the before-recited Aft, which is hereby altered, and comes within the 
 PerView of this Ad, be, and is hereby repealed and declared null and void. 
 
 SIGNED by 
 
 Gabriel Johnston, Efq-, Governor. 
 
 Matthew Rowan, PrefidenL 
 
 Samuel Swann, Speakea'. 
 
 '51. 
 
>.\ .\\ 
 
 -3 •; 
 
 hi-: 
 
 -.01 
 
 t7iij 'iUi iU'tii''('i>^^ • «> n.jtOi>^ 
 
 
 Li;.. .-, i- 
 
 5(1 !••.:;. bfi:. . 
 
 
 > ?\V<ti:\ 
 
 : SUM A<i 
 
LAWS o/' North-Carolina. 355 
 
 A D. I 
 
 7S»- 
 
 Anno Regni 
 
 GE O R GII IL 
 
 Regis, Magn^e Britanni£, Franci^y &: 
 Hihernia, Viceffimo Quinto. 
 
 At a General ASSEMBLY^ held at i?^/^-Towii, the J^////-^^ 
 Thirty Firft: Day of March, in the Year of our Lord One Ef«Gove,„o,.' 
 Thouiand Seven Hundred and Fifty Two.^ 
 
 C H A P. I. 
 
 ./^« ^^^, for licefiftng "traders. Pedlars, and Petty Chapmen, and granting 
 to his Majejiy^n Impoft or Duty on Goods , Wares ^ and Merchandize^ 
 to raife Supplies for defraying the necejfary Charges of Government. 
 
 I. x-TTHEREAS there are a great many Pedlars^ Petty Chapmen, and P"'^*'""^' 
 
 VV ^ther trading Perfons, who fell and difpofe of Goods, Wares, and 
 Merchandize within this Go/ernment, who pay no Tax towards the necefiary 
 Support thereof, but depart out of the i'rovince fo foon as they have fold and 
 difpofcd of the fame, whereby the honeft Planters of the Country are burthened 
 with the Payment of all Taxes to fupport the Public Faith : Wherefore, 
 
 IL W E pray it may be Enafted, ArJ be it Enabled, hy his Excellency Gabriel Sbyp/di,t; 
 Johnfton, Efqi, Governcr^ by and with the Advice and Ccnfent of his Majeftfs petty chapmen^ 
 Council, and General JjJ'embly of this Province, That from and after the Firft ZtJ,'^%l,i, 
 Day of Atigufi next, alter the pa/Ting of this A^t, every Trader, Pedlar, or j-^to^this P:o. 
 Petty Chapman, keeping of a Shop or Store in any County within this Province, ' "''• 
 or carrying Goods, Wares, or Merchandize, either by Watsf in Vefiels, Pettia- 
 guas, or Boats, or by Land, in Waggons, Carts, or other Carriages, or on Horfcs, 
 to offer for Sale, or difpofe of fuch Goods, Wares, and Merchandize, (ex- 
 cept fuch Traders who have been fettled in fome Town of this Province for the 
 Term of Seven Years, or hath a Wife or Children, and hath been fettled in the 
 Province for the Term of fhree Years, or whofe Family confifts of Twenty 
 Taxable?, Traders, or Merchants,, who import Goods, Wares, or Merchandize 
 diredly from Great-Britain) (hall be liable to, and conform him, her, or them- 
 ielves to the Rules and Regulations herein after- mentioned ; that is to fay, every 
 
 X 4 Trader 
 
356 Zy^/^ (So/' North-Carolina. 
 
 A D. I75Z. Xrader or Malttr of any Veffel ufing Trade, Pedlars, or Petty Chapmen, bring- 
 V" ing Goods, Wares, or Merchandize, either by Water or Land, into this Pro- 
 vince, to offer for Sale,' in Order to difpofe thereof, within Two Days alter his Ar- 
 rival, or the Arrival of fuch Goods, Wares, and Merchandize, before he difpofes 
 of any fuch Goods, Wares, and Merchandize, fhall repair to fome Juftice of the 
 Peace living in the Neighbourhood, and deliver in, upon Oath, to be taken before 
 the faid Juftice, an Account of the total Prime Coft of all fuch Goods, Wares, 
 and Merchandize by him brought or imported into this Government ; and therd- 
 Dpon the faid Juftice of the Peace fhall give unto the faid Trader, Mafter of a 
 VefTel, Pedlar, or Petty Chapman, a" Certificate, figned by fuch Juftice, certify- 
 ing the Sum Total of the Value of the Goods, Wares, and Merchandize con- 
 tained in the Account to him delivered, and fvvorn to by fuch Trader, Maftir of 
 a VefTel, Pedlar, or Petty Chapmen, diredled to the Clerk of the County Court, 
 who is hereby authorized and impowered, in Behalf ot his Excellency the Gover- 
 nor, annually to m.ike out and fign a Licence, as Clerk of, the Court fur the 
 faid County where fuch Licence is granted ; by Virtue v-^hertof every Irader, or 
 Mafter of a Veflel, Pedlar, er Petty Chapman, after e:?ecuting fuch Bond as is 
 herein after- mentioned, may fell and difpofe of his Goods, Warts, and Mer- 
 chandize, ftriftly obfervingand performing the Rules and Regulations mentioned 
 and intended by this A61 ; and it Ihall and may be lav/ful for every Juftice of the 
 Peace, to take and receive for adminiftring the Oath, and granting fuch Certifi- 
 cate as aforcfciid, Two Shillings and Eight Pence, Proclamation Money ; and for 
 every Clerk of the County Court to take and receive for the Governor for fuch 
 Licence, Twenty Shillings, Proclamation Money -, and the faid Clerk may take 
 and receive to himfelf, for niaking out fuch Licence and Bond, Five Sliillings, 
 Proclamation Money. 
 
 % per Cent. Tiaiy \\[, A N B hc it fuTlloer EncEfed, hy the Authority aforefaid. That every 
 &c.°" '°° '' Trader or Mafter of any Vcfiel, ufing Trade, Pedlar, or Petty Chapman, not 
 herein before excepted, having obtained a Licence to trade as aforefaid, fhall, 
 twice in every Year, anfwer and pay unto his Majcfty, his Heirs, and SuccefTors, 
 an Impoft or Diaty of Two per Centum, upon all Goods, Wares, and Merchan- 
 dize, (Salt and fpirittious Liquors excepted) by him, them, or any of them to 
 be hereafter fold anddifpofed of, as in and by this Aft is direfted afid appointed, to be 
 accounted for upon Oath, and paid into the Hands of the feveral Perfons herein 
 after-appointed to receive the fame, and to be paid at the feveral Times and Places 
 herein fpecified ; and for the Payment of which, every Trader, Pedlar, or 
 Petty Chapman, fliall give Security, by Bbnd, with one or more fufficierir Securi- 
 ties, to be taken in his Majefty's Name, for tlte true Payment of the faid Impoft 
 or Duty. 
 
 Penalty on Tra. IV. A N B bc H furtUr EnoSled^ hy tie Authority aforefaidy That if any 
 tTh'ott ■ a' Lu^ Trader, Pedlar, or Petty Chapman, from and after the Firft Day of Augujl 
 ••ence, next, be found trading as aforefaid without a Licence, and not having given 
 
 Bond as aforefaid, fuch Perfon fhall forfeit and pay, for each and tvtry fuch 
 Offence, Fifty Pounds, Proclamation Money, to be recovered by any Perfon that 
 ■ will fue for the fame, in the General Court of this Province, by Bill, Plaint, or 
 Information -, wherein no Effoign, Injunftion, or Wager of Law fhall be allow- 
 ed or admitted ; One Half thereof to the Profecutor, the other Half to the Poor 
 of the Parilh wherein fuch Gft'ender fliall be difcovered : And that every Perfon 
 fo trading, upon Demand made by any Juftice of the Peace, SherilT, Conftable, 
 heTre'^uired. or any Cuftom-houfe Officer v/here he or flie fliall fo trade, and fhall refufe to 
 fhew to fuch Juftice of the Peace, Sheriff, Conftable, or Cuftom-boufe Officer, 
 his or her Licence, to be granted as aforefiid, that then the Perfon fo refufing, 
 fhall forfeit and pay Fifty Pounds, Proclamation Money, to be recovered as a-' 
 forefaid, by any Perfon who will fus for the fame, to be applied as aforefaid. 
 
 ^ ^ V. ANJy 
 
 Or for net iTisw- 
 ing his Lxenfe 
 
L A W »5 O/" No R T H - C A R O L I N A. 3 5/ 
 
 ~"" ' A. D. I 52. 
 
 V. y^ N D be it further Enr.Hedy by the Authority aforefaid. That every ^^ v- * 
 Merchant, Trader, or other Perfon, importing or bringing into this Province, Gaiwudon" 
 after the firfl: Day of Augufi, eiihtr by Land or W attr, trom any Fort or Place Kum,Wme,&c. 
 (Great-Britain excepted) any Quanrity of Wine or diftiiled Liquors, exceeding • 
 
 two Gallons of Wine, or two Gallons of Rum, (Sliip Stores excepted) fhall pay, 
 or caufe to be paid, to the feveral and refpe6tive Colltftors or Receivers herein af- 
 ter-appointed, the Impoft or Duty of Four Pence, Proclamation Money, tor 
 each Gallon of" Wine or diflilled Liquors fo imported. 
 
 VI. AND be it further Enn£fed, That from and after the Firft Day of Au- Sl^^yLnV.'^ 
 * gtiji next, every Perfon importing or bringing into this Government, any Quan- tcrsotsp.r.wous 
 
 tity of Wine or diftiiled Liquors, over and above the Qiianiities above-mentioned, '**"""' 
 before fuch Perfon or Pcrfons fhall open or cxpofc any of the faid Liquors to Sale, 
 he or they fliall report the fame to the Perfon or Perlons herein appointed to re- 
 ceive the faid ImpofV or Duty, laid on fuch Liquors by Virtue of this Aft, and 
 deliver unto him a Manifelf,, fhewing the Quantity of Gallons of fuch Liquor, 
 duly fworn to and attefted by the faid Importer, bringing in the fame into this 
 'Government-, and fhall give Security, by Bond, with one or morefufficient Secu- 
 rities, to betaken in his Majefty's Name, for the true Payment of the faid Impoft 
 or Duty, within Six Months after the Execution of fuch Bond, or depofit a fuffi- 
 cient Quantity of fuch Liquors with the faid Colleftor or Receiver, as will fully 
 difcharge and pay the faid Impoft or Duty, 
 
 VII. A ND be it furthir EnaBed, by the Authority aforefaid'. That the Col- R^ce!ver,;n xht 
 leftor of Currituck County, is hereby appointed Receiver, and fliall receive the appointed. 
 Impoft or Duty to be paid and received on all the Goods, Wares, and Merchan- 
 dize, Wine and diftiiled Liquors, to be imported and brought into the faid PorC 
 
 or County •, and that Mr. WilUam Swann, be and is hereby appointed Receiver 
 of the Impoft or Duty afortfaid, in the County of Pafquotank; and that Mr. 
 Samuel Swan??, of Pequimchs County, be and is hereby appointed Receiver of the 
 Impoft or Duty aforefaFd, in the County of Pequimons •, and that the Colleftor of 
 Von-Roanoke^ be and is hereby appointed Receiver of the Impoft or Duty afore- 
 faid, in the County of Choiaah -, and that Mr. Edmund Sniithwick, be and is hereby 
 appointed Receiver of the Impoft or Duty aforefaid in the County of Tyrell ; and that 
 Mr. Thomas fVhitmiU, be and is hereby appointed Receiver of the Impoft or Du- 
 ty aforefaid, in the County of Bertie y and that Mr. John Edwards^ be and i% 
 hereby appointed Receiver of the Impoft of Duty aforefaid, in the County of 
 Northampton ; and that Mr. Mountfort Eelbeck^ be and is hereby appointed Re- 
 ceiver of the Impoft or Duty aforefaid, in the County of Edgcomb ; and that Mr. 
 John Thotnton, be and is hereby appointed Receiver of the Impoft or Duty afore-, 
 faid, in the County of Granville w and that Mr. Samuel Sinclare, be and is hereby ^ ' 
 appointed Receiver of the Impoft or Duty aforefaid^ in the County of Hyde i 
 and that the Collector of Port-Bath^ be and is hereby appointed Receiver of the 
 Impoft or Duty aforefaid,' in the County of Beaufort •; and that Mr. Jeremiah 
 . Failj be and is hereby appointed Receiver of the Impoft or Duty aforefaid, in 
 the County of Craven •, and that the Colle6tor of Fon-Beaufort, be and is here- 
 by appointed Receiver of the Impoft or Duty aforefaid, in the County of Carte- 
 ret i and that Mr. Jehn Spconer, be and is hereby appointed Receiver of the Im- 
 poft or Duty aforefaid, in Ohjlotu County •, and that the Collector of Foxi-Brimfr 
 wicky be and is hereby appointed Receiver of die Impoft or Duty aforefaid, in 
 • the County of New-Hanover ; and that Mr. Ralph Millar^ be and is hereby ap- 
 pointed Receiver of the Impoft or Duty aforefaid, in the County of Bladen ; 
 and that Mr. Philip TrapnalU be and is hereby appointed Receiver of the Impoft 
 or Duty aforefaid, in the County of Johnfton ; and that Mr. Caleb Hovjcll, be 
 and is hereby appointed Receiver of the Impoft or Duty aforefaid, in the County 
 of Anfon ; and that Mr. William Ho'ujton., be and is hereby appointed Receiver of 
 
 the 
 
358 
 
 LAWS ^North-Carolina. 
 
 -^' D. 1751. 
 « ^ 
 
 the Impoft or Duty aforefiiid, in the County of Duplin ; and that Mr. James 
 Watfon^ be and is iiereby appointed Receiver of the Impoft or Duty atorefaid, 
 in the County of Orange. 
 
 fou!.'t'^a''nnuair* ^^^^' ^ N D bc it further Enafied, by the /Authority aferefaidf That the feveraf 
 
 v/iththeTreafu- ^nd rcfpccftive CoHedors and Receivers ot the feveral and refpeftive Ports and 
 
 Ir^'i.'" &!;'/"* Counties, fhali, annually, account, upon Oath, with the Pubhc Treafurers of this 
 
 Province, in their feveral and refpeftive Diftricts ; and for receiving the aforefaid 
 
 Impofts or Duties, and fully accounting for and paying the fame, fhali be allowed 
 
 Five per Cent. 
 
 Juftices, Sec. 
 who take Tra- 
 iJcrs Accounts 
 
 of Cords, to 
 
 tranrmit them to 
 the Colkftbrs. 
 
 Colleftorstogiye 
 Bond. 
 
 IX. ANT) be it further Ena5led^ That the Tufticcs of the Peace in each and 
 every County within this Government, before Whom Traders, Pedlars, or Petty- 
 Chapmen are injoined by this A6t to fwear to the true Value of all their Goods, 
 Wares, and Merchandize as aforefaid, are required to tranfmit or deliver to the 
 Collector or Receiver of the faid Impoft or Duty, fuch Account or Copies there- 
 of, within ten Days after fuch Account hath been fworn to, the better to enable 
 and inform fuch CoUeclor or Rfceiver, how much the faid Impoft or Duty may 
 amount to ; and alfo, that the feveral Colletlors and Receivers appointed in the 
 feveral Ports and Counties to receive fuch Impoft or Duty, fliall produce fuch 
 Accounts, or the Copies by them received, to the refpedlive Treafurers, with 
 whom they fettle their Accounts refpedlively. 
 
 X. AND be it further Ena^ed-, by the Authority aforefaid^ That every 
 Colle6lor of the aforefaid feveral Ports, and every Receiver in the aforefaid feve- 
 ral Counties, (hall, before he enters upon the Execution of his Office, give Bond, 
 with fufficient Security, to our Sovereign Lord the King, in the Sum of Two 
 Hundred Pounds, Proclamation Money, with Condition, That he will honeftly^ 
 faithfully, and juftly, execute the Ofhce of a Receiver of the Impoft or Duty 
 aforefaid, and will fully account for and pay all fuch Sum and Sums of Money 
 by him to be received and accounted tor : Which Bond or Bonds to be given as 
 aforefaid, fhali be drav/n, taken, and acknowledged, by and before the feveral 
 and refpecftive County Clerks within this Province ; for which they fhali be al- 
 lowed and paid by fuch Coileftor or Receiver, Two,Shilling<'. and Eight Pence, 
 Proclamation Money,. 
 
 XI. AND be it further Enacted, by the Authority aforefaid^ That if any of 
 the aforefaid Colledlors or Receivers, appointed, or to be hereafter appointed, in 
 Virtue of this Ad, die, remove, refufe to aft, or negledl their Duty, his Excel- 
 lency the Governor fhali appoint others in his or their Stead and Place or Places, 
 who fhali give Security, in the like Sum, and in the fame Manner, as the other 
 Golleiflors and Receivers arc herein required and diredled.- 
 
 XII. A N I> be it further E7ta5ied, by the Authority aforefaid. That if any 
 Magiflrate, Colle6tor, or Receiver, appointed to receive the faid Impoft or Duty, 
 fhali take, receive, or accept of any Bribe, Reward, or Recompence, or connive at 
 any falfe Account or Manifeft not duly fworn to and attefted, as in and by this 
 Ad is diredled, or knowingly permit, or fuffer any Concealment of any of the 
 aforefaid Goods, Wares, and Merchandize, liable to and chargeable with the 
 aforefaid Impoft and Duty, fhali, for every fuch Offence, forfeit and pay Fifty 
 Pounds, Proclamation Money ; to be recovered, by any Perfon that will fue for 
 the fame, in the General Court of this Province •, wherein no EfToign, Injundion, 
 or Wager of Law, fhali be allowed or admitted : One half thereof to the Pro- 
 fecutor, the other half to defray the necefTary Charges of this Government. 
 
 Money .rifinghY XIII. A N D be it further Enocted, by the Authority aforefaid. That all and' 
 by Vi.tucof this (.yery the Sums of Money arifing by the Impoft or Duty in Virtue of this A61:, 
 
 fhali. 
 
 Cnllcftorjdying, 
 removing, Ac. 
 to be replaced by 
 the GovejHor. 
 
 Penalty on Re- 
 ceivers taking 
 Bribes, or con- 
 niving at falle 
 AtcountJ. 
 
L A I'F S £/^North-GXr6lina, 35^ 
 
 fball, from Time to Time, be applied for and towards the neceffary Charges of ^_^- /t^Jj 
 Govermi.nt, by the Governor, Council, and General AlTembJy of this Provinccj how7"^"by 
 and bv none other Authority whatfoever. «'h..m, co be ap= 
 
 ' plied. 
 
 XV. AN I) he it further Enact ed^, hy the Authority aforefaid^ That the AdV, ^a repealed, 
 intituled,- An Ad., for granting to bis Majefiy a Duty on the Importation of R::m 
 
 and fVine into Anion County from South-CaroWna, be, and is hereby repealed, to 
 all Intents and Purpofcs whatfoever, as if the fame had never been made. 
 
 XVI. A N D be it further Enacted^ That this Ad: rtiall be and remain in cont;nMan« of 
 Force for Three Years only, and from thence to the End of the next SelFion of "'= ^a. 
 Aflembly, and no longer. 
 
 C H A P. IL 
 
 An A5f^ for facilitating the Na^-cigation of Port-Eiih, PorZ-Roanoke, 
 
 and P(?r/-Beaufort. 
 
 I. ■TTTTHEREx'VS confiderable Injuries have frequently happened to divers PrearaWt, 
 
 W Merchants who have fent tneir Ships and V'clllis to Bath, Edentcn^ 
 and Newbern^ by iieafon of the Badnefs of the Channels leading to the iAA 
 Places, the Infuiiiciency and Negligence of l^ilots, the W^nt of :: taking out the 
 faid Channels, and making the Navigation more e^^fy •, whereby the 1 rade of 
 thofe Parts of the Province is greatly impaired : For Kemedy whereof, 
 
 II. W E pray it may be Enadted, And be it Ena£ied, by his Excellency Gabriel Commi.'nwer< 
 Johnfton, Efq; Governor^ by and with the Advice and Confent of his Majefifs Ports appo^nt-^* 
 Council, and the General Affemhly of this Province^ and by the Authority of the 
 fame. That Mr. Michael Couianch, Mr. Samuel Smclare, and ivlr. James Calf be, 
 and are hereby appointed Commiffioners for Port-Bath; the lionourable Francis 
 Corbin, Mr. John Campbell, Mr. Jofeph Blount^ Mr, James 'Trotter^ and Mr. 
 James Turnbull, be, and are herepy appointed Commifiioncrs for Port-Roanoke -, 
 and Mr. John l^Ftlliams, Mr. John Clitheral, and Mr. Jofeph Bakh^ be, and are 
 hereby appointed Commiffioners io^ Port-Beaufort ; to contraft with proper Per- 
 fons, to examine, from Time to Time, the Situation of the Swatch, and to keep 
 the fame, and all other Channels, leading from Ocaccck Bar to Bath, Edenton, 
 and Ne'-johern, well and fufficiently Staked out, and to eredl Beacons at Ocacock^ 
 Bcacon-Tfland, Core-Banks, and all fuch other Places as the faid Commiflioners 
 ihall think moft convenicni: for the Safety of VefTels. 
 
 III. AND he it further Enacted, by the Authority aforefaid. That from and Wno sre to mee? 
 after the paffing of this Aft, the faid CommifTioners fhall, once ev.ry Year, a^rS',''^"''"' 
 meet at Bath-Town, to examine into the Conduct of the Perfons by them em- 
 ployed ; and to appoint one or more of their Number to go to Ocacock, to fee 
 
 that the faid Channels are Staked, and the Beacons kept up. 
 
 IV. A N D be it further Enactedy by the Authority aforefaid. That the faJd -^""^ '" ermine 
 Commiflicners, or the Majority of them, in each refpeftive Port, (hall have full fy'n!chT"J'" 
 Power and Authority, to examine Pilots touching their Qiialification, and upon a^^fi^d toths 
 their Approbation to grant them a Certificate or Certificates, to be produced to 
 
 his Excellency the Governor, in Order to obtain his Warrant to pilot VelTels in 
 all or any of the refpedive Ports aforefaid ; and in Cafe any Pcrfon fhall pretend 
 to pilot or take Charge of any Ship or VefTel, without having palled an iixami- Pen;^ity on pilots 
 nation as aforefaid, and obtained a Warrant for fo doing, he Ihall forfeit and pay, »<^ias >'itbo'*« 
 
 Y 4 for 
 
300 L A IV S o/' North-Carolina. 
 
 A D. n^:.. f^jj- each and every Oftence, the Sum of Ten Pounds, Proclamation Money ; to 
 *■ V be recovered in any Court of Record in this Province, by Bill, Plaint, or Infor- 
 
 Wjnant?"°' ' mation •, one Third to the Informer, the other two Thirds to the CommiffionerS;^ 
 to be by them appHed towards the Staking out the Channels as aforefaid. 
 
 Pilots Feft. y_ AND be it further Enacted, by the Authority aforefaid. That there ihall 
 
 be allowed and paid to every Pilot who ihall take Charge of any Veffel, the 
 following Pilotage \ that is to fay, 
 
 FOR every Ship or Veffel, from the Outfide of the Bar into Beacon-IJland 
 Road, Two Shillings, Proclamation Money, per Foot, for every Veffel that 
 draws Eight Feet Water, or lefs. 
 
 AND for every Veffel that draws more than Eight Feet Water, Two Shil- 
 lings and Six Pence, Proclamation Money, per Foot. 
 
 AND that the fame Wages be allowed to 'Pilots, for Pilotage outwards, as 
 inwards. 
 
 AND for every Veffel, from Beacon-TJland Road, that draws Six Feet W^ater, 
 or kfs, to Bath-1'own, Thirty Six Shillings, Proclamation Money ; and for every 
 Veffel that draws above Six Feet, Six Shillings, Proclamation Money, per Foot. 
 
 AND for every Veffel, from Beacon-TJland Road, that draws Six Feet W^ater,, 
 cr kfs, to Edenion, Three Pounds Twelve Shillings, Proclamation Money ; and 
 for every Veffel that draws above Six Feet, Twelve Shillings, Proclamation Mo- 
 ney, per Foot. 
 
 AND for every Veffel, from Beacon-IJland Road, that draws Six Feet Wa- 
 ter, or lefs, to Newbern, Thirty Six Shillings, Proclamation Money ; and for 
 every Veffel that draws above Six Feet, Six Shillings, Proclamation Money, per 
 Foot. 
 
 Penalty on Pilots ^^fj^ ^^y Pllot, appointed as IS herein before mentioned, who fhall demand or 
 Fees? °''' "'' exaft any greater Wages than is by this Ad direded and appointed, lliall forfeit 
 and pay Ten Pounds, Proclamation Money •, to be recovered, by Adion of 
 Debt, Bill, Plaint, or Information, by any Perfon that will fue for the fame, in 
 any Court of Record in this Province ; wherein no Effoign, Imparlance, In- 
 jundion, or Wager of Law, fhall be admitted or allowed of: Provided, that 
 the faid Suit is brought or profecuted within One Year after fuch Demand or Ex- 
 adion made, and not afterwards. 
 
 u^T^r't^TJ'hts ^^' ^^Dbe it further Enafied, by the Authority aforefaid. That the faid 
 
 ' ^^..msdsof'the Commiffioners, after the faid Channels are Beaconed, Staked, and Marked out, 
 
 .raiciianaeis, ^^ aforefaid, fliall caufe Draughts thereof to be made, and fhall alfo publifh the 
 
 fame in the Gazette, with the feveral Courfes from the Bar, up to Edenton, Bath, 
 
 and Newbern, and the Bearings and Diftances of all Beacons, or Land-Marks, 
 
 ereded in Confequence of this Ad. 
 
 VII. A N T> be it further Enacted, by the Authority aforefaid. That for defray- 
 ing the neceffary Expence that may or fhall arife, by the Execution of this Ad, 
 the following Tax fhall be laid on all Ships and Veffels hereafter Entering in the 
 Ports aforefaid, and that come over Ocacock Bar -, that is to fay, 
 
 O N each Veffel of lefs Burthen than Fifty Tons, Twenty ShillTngs, Procla- 
 iriation Money :. And on each Veffel of Fifty Tons Burthen, and lefs than One 
 Mundred Tons, Thirty Shillings, Proclamation Money : And on each Veffel of 
 One Hundred Tons, or upwards. Forty Shillings, Proclamation Money. 
 
 , he received Which Tax payable for fuch Veffels as hereafter fliall come over Ocacock Bar, and 
 tiisCoikftois, gj^j.^j. the Ports aforefaid, or either of them, fliall be received by the Colledors 
 of tiie aforefaid refpedive Ports. 
 
 VIIL AND 
 
L A W S of No R^T h-CarolinaJ^ -jDi 
 
 VIII. A N D be it further Ena£ied, by the Authority aferefaid. That each of the *■ v — — ^ 
 
 laid Colledors herein appointed for the feveral Forts aforefaid, fhall, before he g^:',' '*"" '° ^"^ 
 enters on the faid Office, give Security, in the Sum of Three Kundred Pounds, 
 Proclamation Money, to the CommilTioners herein appointed for each of the faid. 
 
 Ports refpedively, for the due Performance of the 'I'ruft repofed in him, and 
 for his accounting with, and paying to the faid Commiffioners, as often as re- 
 quired, all fuch Sum or Sums of Money as fhall be, from Time to Tim;-, by 
 him received: And if Either of the faid CoUeftors fhall refufe to give fuch Se- 
 curity, // is hereby Enacted^ by the Authority cforefaid^ That the faid Commif- ir ,„/ refufe 
 fioners of that Port fliall and may appoint another Receiver or Receivers, in his Ccmm ffionrrs w 
 or their Place and Stead •, who fliall have full Power and Authority to receive 'pp"-"'*'"'"^' 
 the faid Tax, giving fuch Security to the Commiffioners of the Port where he is 
 fo appointed. 
 
 IX. AND he it further EnoMed, by the Authority aforefaid. That each Re- Co!iea,)r\p-«'8f 
 ceiver fhall, in his Port, have full Power and Authority, to go on board any ^^j^™"'""^^ v-f. 
 VelTcl, in order to meafure and afcertain the Burthen of fuch VefTel ; and fnall 
 
 likewife have full Pov^r and Authority to examine, on Oath, the Mafler of any 
 VefTel, for that Purpofe. 
 
 'K. A N D be it further EnaSfed, hy the Authority aforefaid. That every Col- Coiieftor allowed 
 leftor or Receiver fhall, for his Trouble, irf' receiving and paying the Tax afore- sp^-'C^.r. 
 faid, be allowed Five perCent. on what Money he fhall fo receive and pay to the 
 Commiffioners aforefaid refpedively. 
 
 XI. A N D be it further Enabled, by the Authority aforefaid. That from and CoUeflor n.-^t to 
 after the paffing of this Ad, no Colleftor of either of the laid Ports, fhall Clear £;"ti"/rcm[l 
 out any VefTel, 'til the Mafter iTiall have produced to him a Certificate from the fi^'^ be produ- 
 Receiver of the faid Tax, of his having paid the fame, under the Penalty of mLfof^Sx, 
 Twenty Pounds, Proclamation Money •, to be recovered, in any Court of Record 
 
 within this Province, by Bill, Plaint, or Information ; wherein no Effoign, Im- 
 parlance, Injun6lion, or Vi^ager of Law, fhall be allowed or admitted, by any 
 Perfon who will fue for the fame : One half to the Profecutor, the other to the 
 Commiffioners ; to be by them applied to the Ufes intended by this Ad. 
 
 XII. A N D be it further Enacted, by the Authority aforefaid. That the Ex- Expence of Bea. 
 pence of fctting up Beacons at Ocacock, Beacon-Ifland, and Core-Banks, and the ""^e tfd ^°*' 
 Staking out the Swatch, fhall be difcharged by the Commiffioners hereby appoint- 
 ed for the feveral Ports, in the Proportion following -, that is to fay, Phe Com- 
 miffioners for Port-Roanoke, fhall pay Two Fifths of the faid Charge and Ex- 
 pence •, and the Commiffioners for the Port of Bath, and for the Port of Beaufort, 
 
 fhall pay, jointly, the other Three Fifths of the faid Charge and Expence, out 
 of the Monies by them received -, and the Expence of Staking out the other 
 Channels leading to each of the faid Ports, fhall be fcverally paid by the Com- 
 miffioners of each refpcdive Port to which the faid Channels lead. 
 
 XIII. A N D be it further Enacted, by the Authority aforefaid. That upon the Number 6fCo.-n. 
 Death, Removal, or Refufal of any of the faid Commiffioners or Receivers to n"ffi™crs or Re- 
 ad, the remaining Commiffioners of each refpcdive Port, fhal) and may choofe up.""" " * ^^^ 
 and appoint another Commiffioner or Receiver in the faid Port, in the Room of 
 
 fuch Commiffioner or Receiver fo dying, removing, or refufing to ad. 
 
 XIV. AN B be it further Enabled, by the Authority aforefaid. That no Mafler P^"^'*y. '"". ''^'■- 
 or other Perfon, belonging to any VefTel trading to this Government, fhall caft Baliift'buoChan- 
 or throw over board, into any Channel within the faid Ports, any Stones or other "'^'=- 
 Ballaft whatfoever, under the Penalty of Twenty Pounds, Proclamation Money, 
 
 for 
 
^()2 
 
 L A ('^ S of North-Carolina. 
 
 A D. 175Z. 
 ^^ ^ 1 
 
 Or ..cllrcy ng tht 
 B ajnns ice. 
 
 for every fuch Offence ; to be recovered by A6tion of Debt, Bill, Plaint, or In= 
 formation, in any Court of Record in this Government -, wherein no Efibign, 
 Jmundtion, or Wager of Law, fhall be .allowed : And if any Perfon or Perlon, 
 ihall wilfully pull down, remove, or deftroy any Beacon, Stake, or other Marks 
 ej-efted or placed in Virtue of this Ad, he or they fhall, for eveiy fuch OfFence, 
 forfeit and pay One Hundred Pounds, 1 roclamation Money j to be recovered by 
 Adion of Debt, Bill, Plaint, or information, in the General Court of this Pro- 
 vince, by any Perfon that fhall or will fue for the fame : One half to the Profe- 
 cutor' and the other half to the faid Commiflioners, to be applied to the Ufcs 
 aforcfaid. 
 
 c^mmiiTioners to XV. A N D be it further Enacted^ hy the Authority aforefaid^ That the faid 
 
 'oTm^^t Comm'ifTioners, as often as they are required, ftiall account witii the General Af- 
 
 fembiy, for fuch Money as fhall be by them, from 1 ime to Tune, refpedlively 
 
 received ; and fhall have fuch Allowance for their Expence as Ihall appear rea- 
 
 fcnable" 
 
 And impnwercd XVI. AND wficreQs It will be a confiderable Time,^ before a fufficient Sum 
 fn ui^.upMonay ^^ defray the Charges aiorefaid is collcded and received by this Tax ; whereby 
 onintereft. ^ ^^^^ Staking out the Chann-ls and Erecling Beacons will be much delayed : Be it 
 therefore Enacted^ hy the Authority oforejaid^ 'I'hat the Commiflioners of the fe- 
 vcral and refpedtive Ports, fhall have full Power and Authority to take Up, on 
 Loan or at IntcrefV, any Sum, not eitceeding One Hundred Pounds, Procla- 
 mation Money, in each of the faid Ports, m order to enable them to have the 
 faid Channels "Staked, and Beacons ercdcd, as aiorefaid, as foon as poflible. 
 
 <i-om;r«.nc=of XVIL A N B he it further EnaEled, hy the Authority aforefaid. That this 
 the Aft, ^^ ^^jl continue and be in Force for and during the Term of Five Years, and 
 
 from thence to the End of the next Seffion of Alfcmbly, and no longer. 
 
 CHAP. III. 
 
 Fre.iinbie. 
 
 Treafurer af • 
 pointed. 
 
 B.^^d5 
 
 to give 
 
 An AB, for appointing a "freafurer for the Counties of Currituck, Paf- 
 quotank, Pequimons, Chowan, Tyrell, Bertie, Edgcomb, Nor- 
 thampton, ^7W Granville J and for continuing an AB, intituled, kn 
 A6t, to appoint a Public Treafurer in the Room of Eleazer Allen^ 
 Efqj deceafed. 
 
 I. ^-TTHEREAS by an Aft, intituled. An A^,. to appoint Puhlic Trea- 
 W fii^e^^- paffed at Newbern, the Sixth Day of Aprils in the Year of our 
 Lord une Thoufand Seven Hundred and Forty Eight, It was, among other 
 Thin"-s, Ena6ted, That the faid At\ fhould continue and be in Force tor the 
 TernTof Four Years, and from thence to the End of the next Stfilon of Alfem- 
 bly, and no longer •, and as the faid Ad is juft Expiring, 
 
 II. "W E pray it may be Enafted, And be it Ena^ied^ hy his Excellency Gabriel 
 Johnfton, Efq-^ Governor, by and with the Advice and Confent of his Majeftfs 
 CourwU ^nd General Affembly of this Trovince, and by the Authority of the fame^ 
 That Mr. John Haywood be, and he is hereby appointed, Publick Treafurer for 
 the Counties of Currituck, Pajquotank, Pequimons, Chowan, Tyrell, Bertie, Edg- 
 comb, Northampton, and Granville, in the Room and Stead of Mr. Thomas 
 Barker, who has refigned the faid Office : Which faid Treafurer fhall, before He 
 enters upon his Office, give Bond, with fufficient Sureties, to our Sovereign Lord 
 the King, his Heirs and Succeffors, in the Sum of Two Thoufand Pounds, law- 
 ful 
 
L A fy S 0/ NoRtH-CAROLiNA. 363 
 
 ful Money of Great-Britaitti^ tor the faithful Difcharge of his fuid Office : Which -^ ^- '75*. 
 Bond {hall be lodged in The iiecret^rv^s Office. *^ v ' 
 
 III. AN D be It further Ena£lecU by the Authorit;^ aforefaid. That the Sherifsj 5^^^;^, ^^ ^^^ 
 County Treafurers, and all other Ferfons, concerned, or who have been con- hZ' ^01 J^'t7w. 
 cerncd, in the Collefting and Receiving any Public Money, within the rcfptttive Trerfum'''jk'l" 
 Counties of C«m/^f^, Pajquotank^ Ptquimons^ Chowan^ I'yrell, Bertie:, Ea^comh^ to^couTi w^th 
 NorthamptoTii and Gran-viiley who haVe not already accounted tor and paid the j-u^er"*^""^'"* 
 lame to Mf. Thomas Barker^ or to the Committee of Accounts of both Houfes, 
 
 Ihall, upon Oath, account for and pay to the faid John Haywood^ all the Monies 
 by them refpLClivcly received, or which by Law they ought to have received, 
 and are accountable for j Under the Penalty of Twenty Pounds, Proclamation 
 Money. 
 
 IV. AND be it further ^na£icd, by the Authority aforefaid. That all and ^^»'(^^, &c. 
 every Sheriff and other Perfons, who fhall be concerned in"' the Colledling and ^Z^M^h^ 
 Receiving the I'ublic Monits hereaiier to be Collefted and received, within the '^'"'"rcr aan«- 
 feveral Counties above-mentioned, Ihall, Annually, account for, upon Oath, and *'^' 
 
 pay the fame to the Public Treafurer atbrefaid, at the Courts of Ailjze held at 
 Edenton and Edgcoynb^ in the Month of October ; under the Penalty of Twenty 
 Pounds, Proclamation Money. 
 
 V. AND he it further Ena£led^ by the Authority afcrefaid^ That the faid treafurer to t^t 
 Public Tic-:lurcr is hereby authonl-d, impowercd, and required, to fue and pro- ^kalf 't^ac"" 
 ftcute all fuch oh.riiS, County Trc..lurers, or other Accountants, their Heirs, count with ^him. 
 Executors* or i^dminiftrtcrs, or other Perfons, who have heretofore been, or 
 
 who thai! hereafter be concerned in the C oik ding or Receiving the Public Moneys 
 or who haVe, or fhall, at any Time hereafter, have any of the faid Money in their 
 Hsnds, within any of the faid C ountks, and fhall negled or rtfufe to account for 
 and pay the fame •, and alfo on the feveral Bonds already given, or hereafter to be Aifo th.ir fevej«i 
 given, by each and every of the faid Sherifs of the faid Counties, County Trea- ^""'''• 
 lurers, or other Perfons,- in any of the faid relpedhive Counties, for the due and 
 faithful Performance of their fcvtral Offices and Duties : And the Clerks of the 
 feveral CoUnty Courts, ana every other Pcrfon or Perfons, having fuch Bond or 
 Bonds, Account or Accounts,- or other Papers, in his, her, or their Keeping or 
 PofTetBon, is and are hereby dirtfted and required to deliver the fame to the Pub- 
 lic Treafur.-r aiorifaici, of fuch County where the faid Bond or Bonds was or were 
 given, or Accounts or other Papers lodged j when he fhall demand the fame. 
 
 VI. AND be it further Enacted, by the Authority aforefaid. That the faid Treafurer w a<- 
 Publk Treafunr fhall, from 1 i me to Time, as often as he is required, upon GeT'itmbiy 
 Oath, account tor and pay, to the General Affcmbly, all fuch Sums of Money ^n^^Howeds/v 
 which he ihall r-ceivo by Virtue of this Aft ; for which Trouble, he Ihall be al- ^""' 
 low.a Five per Cent, on all ^4onies by him received and paid into the AfTembly, 
 
 (except fuch Monies as he Ihall receive from Mr. "Thomas Barker^ late Treafuref) 
 and may dedu6l the fame accordingly. 
 
 VIL AND be it Enacted, by the Authority aforefaid. That all the Penalties In Pendtie.ho^ « 
 this Ad b- fore- mentioned, (hall be fued for and recovered in the General Court te '«ove.ec>, an* 
 of this Province, by Adion of Debt, Bill, Plaint, or Information ; wherein no '''^''"** 
 EfToign, Protfdion, Injundion, or Wager of Law fhall be allov/ed or admitted 
 of: Two Thirds whereof to his Majefly, to be applied for the Ufc of the Pub^ 
 lie, and the other Third to the Treafurer aforefaid. 
 
 VIII. AND be it further Enacted, by the Authority aforefaid. That if the faid p„,,t,o« xu 
 Public Treafun r ihall negled or refufe to account for and pay to the General Tr.-^furemtgUe- 
 AlTembly, all fuch Sums of Money which he ffiall receive by Virtue of this Ad, ''"^''^ """"'' 
 he fhall forfeit and pay tbe Sum of Fifty Pounds, Proclamation Money, for each 
 Negled or Refufal i to be recovered, by Adion of Debt, Bill, Plaint, or Infor- 
 
 Z 4 mation^ 
 
3^4 
 
 LAWS o/" North-Carolina. 
 
 A. o. 1752 mation, in the General Court of this Province, by him or them th:it Ihall or will 
 •*— — ^—^ fue for the fame ; wherein no EfToign^ Injunftion, or Wager 6f Law Jhall be 
 allowed or admitted of : Two Thirds whereof to his Majtlty, to be applied for 
 the Ufe of the Public, and the other Third Part no the Frofccutor. .- 
 
 A5- 
 
 Gontinu'ancc of 
 thsAft. 
 
 IX. AND whereas by an Acfc, intiailed, /i,i J^:^ u appoint a Puhlic Trca- 
 furery in the Room of Eleazer y\]len, Efq-, deceafed^ paffed the Fifth Day oijuly^ 
 in the Year of our Lord One Thoufand Seven Hundred and Fifty, it was, a~ 
 mongft other Things, Enaded, That the faid A61 fiiould continue in Force for 
 Three Years, next alter the pafilng thereof, and from thence to the End of the 
 next Sefilon of AlTembly, and no longer ; and as many Inconveniencies may arifc 
 
 , '"by the Shortnefs of the faid Time, Be it Enacted^ hy the Authority aforefaidj That 
 the faid Aft fliall be continued in full Force for and during the Space and Term 
 of Three Years, from the pafTmg hereof, and from thence to the End of the next 
 Seffion of AfTembly, and no longer •, any Thing in the before-recited Aft to the 
 contrary, notv/ithftanding. 
 
 X. AND be it further Enacted^ by the Authority aforefaidy That this Aft 
 Ihall continue in full Force for and during the Space and Term of Three Years, 
 from the paffing hereof, and from thence to the End of the next Seffion of Af- 
 fembly, and no longer. 
 
 CHAP. IV. 
 
 iW.-thcd ro b« 
 sbfcrvi-d in 
 wj.gKing Pilch 
 «nij Turp'^inine, 
 
 An A(^^ to amend and extend an AB, to appoiiit InfpeStors in New- Ha- 
 nover County y and for regulating ths Exports at Cape-Fear. 
 
 I. "^X 7" H E R E A S by an Aft of AfTembly of this Province, pafled in the 
 W Year of our Lord One Thoufand Seven Hundred and Fifty One, in- 
 tituled. An Act y to appoint Infpectois in 'Nc^-H^novtr County, and for regulating 
 the Exports at Cape-Fear, it is, amongft other Things, E.nuftcd, That each Bar- 
 rel of Pitch or Turpentine fhall weigh Three Hundred and Twenty Two Pounds, 
 with the Cafk j and whereas feveral Inconveniencies have arifcn, and may anle, 
 by afcertaining the Weight of each Barrel as aforefaid : For Remedy whereof, , 
 
 II. BE it Ena^edf by his Excellency Gixbnel Johnflon, Efq-,- G^l'erficr, by and 
 with the Advice and Confent of his Majejly^s Council^ and ths General AJfembly 
 of this Province, and it is hereby EnaSied, hy the Authority of the fame , I'hat from 
 and after the pafilng of this Aft, every Barrel of Pitch or Turpt irtine which fhi-iU, 
 by Virtue of this Aft, be tendered foY Infpeftion, fliall, before it be branded by 
 the Infpeftor, be weighed in the Infpeftor's Prefence ; and every Three Hundred 
 and Twenty Tv/o Pounds Weight, with the Cafk, of Pitch or Turpentine, fhall 
 be accounted a Barrel of Pitch or Turpentine, and fo in Proportion ; any Thing 
 in the before-recited Aft to the contrary, notwithflanding : And the W^eight of 
 each Barrel of Pitch or Turpentine, fhall, by the Infpeftor, be marked on the 
 Head thereof, with 
 
 Finally for «own- 
 tcrfeiting Infpec- 
 Icri Brand, 
 
 a Marking-Iron. 
 
 III. AN D be it further- Enacted, by the Authority aforefaid. That if any 
 Perfon fhdU forge or counterfeit any Infpeftor's Brand on any Cafk or Barrel, 
 which, by Virtue of this Aft, and the before-recited Aft, ought to be branded 
 by- the Infpeftor, or fliall tender in Payment, or deliver for Exportation, any 
 Cafic or Barrel with a forged or counterfeit Buand, knowing the fame to be forged 
 or counterfeited, every Perfon fo offending, and being thereof convifted, fhall 
 forfeit the Sum of Ten Pounds, Proclamtion Money, and alfo every CafK, 
 
 conuining 
 
L ^^ //^ iS" o/^ No R T H - C A R O L I N A. ^.^6§ 
 
 containing any of the aforeiaid Comnioditiesj To tendered in Faynitnt or dcli-,^ ■^^ '"Se- 
 vered ; to be rijcovcred by him oil'lhem that Ihall fue for the fane, in any Court ^==---V" 
 of Record in this Province, by Aftion of Debt, iiiii. Plaint, or Information 5 
 wherein no Eflbign, Protedtion, Jnjundtion, or Wajger O'f ISaw fhall be allowed 
 or admitted : Qne half to the Profccutor, the other half to the Churchwardens, 
 (or the Ofe of the Pariili where the Cite'nce fhaji be CQipriixiixtQd. 
 
 IV"; AND whereas the Fee allowed the Infpector for iiifpecting each Barrel 
 jpf Beef, P.orJ<, and ^icc, Pitch, and Turpentine, is found not adequate for his ''"'^^'^"' "*' 
 Trouble in' infpccting the fanic j Be it therefore Enacted^ hy the Authority afore- 
 [aid. That it Ihall and may be lawful for every Infpector to have and receive 
 for his Fee, for infpecting and branding each Barrel of Beef, Pork, and Rice, 
 Six Pence i'and for br.inding and marking each Barrel of Pitch and lurpentine. 
 Two Pence, Proclamation Money, and no more j any Thing in the above-re- 
 cited Ace to the contrary, notwithftanding. 
 
 Acr !«» 
 
 ■ V. A NO whereas the Inhabitants and Traders in the Ports of Bath and Port. t.r., 
 'Beaufott^ in order to ertcourage the Trade thereof, are defirous that the Exports '"p-^'^"- 
 of thole' Ports may be un.der the like Regulations as the Exports of Cape-Fear : 
 Be it therefore Enacted, by the Authority aforefaid^ That from and after the 
 Twenty Ninth Day of Scptan'ber, next after the paifing of this Act, the feveral 
 Goods and Commodities fhipp-d for Exportation out of the faid Ports, and the 
 Branches -thereof, fliall pafs the like Infpection and Regulation, as the like Goods 
 and Commodities pafs, in Virtue of an Act, intituled. An Act^ to appoint Infpec- 
 tors in New-i^anovCr County^ and for regulating the E^^ports at Cape Fear. 
 
 ** Vl. A N D he it" further Enacted, hy the Authority afore faid^ That Mr. John 
 Spooner, be, and is hereby appointed Infpedor Oi Bogue Inlet, and the other In- ^"^3°" 
 lets in Onflow County : And that Mr. Jofeph Bell, be, and is hereby appointed ^'" 
 Infpedloi- of Cere-Sound, in Carteret County : And that Mr. Jeremiah Vail, be, 
 and is hereby appointed Infpedor of Neufe River, in Craven County: And' that 
 ■Mr'. WliVey Ch7u;icey, be, and is hereby appointed Infpector of Beaufort County, 
 in the Port, -of Bath : And that Mr. Samuel- Sinclare, be, and is hereby appointed 
 Inspector of Hyde County, in the Port aforefaid : And that each and every of the 
 faid mfpect'ors Ihall, before he enters on his faid Office, give Bond, and make 
 Oath, in .the^(^ourt of the County. where he is to officiate, in the fame Manner 
 as the Irifpcctors st Cape-Fear are by Law required to do. 
 
 5.-YP* ^^^'^.-^ ^^ *^ further EnaSfed, hy the Auihority aferefaidi That each and The;rPow< 
 bvery .InfDcctor fo qualified, Ihall have and enjoy the like Powers and Authorities^ Authontiei 
 and be 'under the fime Rules and Regulations, and be liable to the like Fines and 
 Penalties, and intituled to the like Fees a^d Re^vards, in the Execution of their 
 fefpective Offices, .as any Infpector -sg Cape-Fear has, or ought to have, by Virtue 
 of t^e aforefaid Acr, To appoint Infpectors in New-Hanover County, and for rt?u- 
 ^tingthe Exports at Cape-Fear. 
 
 , yill. A N D he it further Ena^ed, hy the Authority aforefaid, That the Collec-^ coiuaors ho» 
 tor of Port-Beaufort, and the Collector oi Pert-Bath, in their feveral Pons, Ihall ^° ""'"""' 
 conform themfJves to the like Rules in Clearing out Veffcls in their faid feveral 
 Ports, and be intitled to take and receive for their Fees, and be liable to the like 
 Porl^itures., as the Colleaor of P<jr^£r«)f/w/V/^ now is, for VclTels cleared out of 
 his Port, by Virtue of the before- recited Act. ' 
 
 IX. A WD he it 'further Endued, hy the Authority aforefaid. That the feveral 
 County Courts, and Jullices of the Peace, where each of the above Infpe6tors JuttS inTxe" 
 may officiate, ffiall have the fame Powers^and Authorities in their feveral Counties, «"«''>» t^u Aft. 
 m putting this Aft in Execution, as the County Court and Juftices oi New-Han- 
 ever have or ought by Law to have^ C H A P. 
 
 iweri it 
 
wimmmamtiamtH^ 
 
 366 LAWS o/'North-GaroLii^a. 
 
 - ■ I '■ • ■- -- . . . -, ^ . - ^ ^ 
 
 A. D. 1752. 
 
 "^--v- — * G H A p. V. 
 
 An Acfy to amend an ASty for regulating the Pilotage cf Capc-Fear J^i^ 
 very and to impower the Captain of Fort Johnfton, at the Mouth of the 
 Jaid River y to examine all Vejfels entering the faid River ^ concerning tbi 
 Health of their Creios on Board the faid Feffels. 
 
 I. \\T H E R E A S in the before'-recited Aft, the Fees allowed the Pilots of 
 VV Cape-Fear^ are too fmall : 
 
 II. W E therefore pray that it ftlay be Enafted, And he it Enact ed, hy his Ex" 
 cellency Gabriel Johnfton, Efq; Governor, by and with the Advtce and Confent of 
 his Majejifs Council, and the General Affembly of this Province, and by the Au- 
 thority of the fame. That from and after the pafiing of this Aft, it fhall and may 
 be lawful for the Pilots at Cape Feary to take, for piloting every Veffcl over the 
 Bar up to Brunfwick, thfe Rates, in Proclamation Money, according to the fol- 
 lowing Table ; any Thing in the before- recited Aft to the contrary, notwith- 
 ftanding, viz. 
 p ?o 3 Fees FOR every Veflel drawing Six Feet of Water, or Itfs, Twelvis Shillings and 
 
 Nine Pence. 
 
 F OR every Veflel drawing SeVen Feet of Water, Seventeen Shillings and Six 
 Pence. 
 
 FOR every Vefiel drawing Eight Feet of Water, Twenty Two Shillings and 
 Six Pence. 
 
 FOR every Vefiel drawing Nine Feet of Water, Twenty Seven Shilling* 
 and Six Pence. 
 
 FOR every Veflel drawing Ten Feet of Water, Thirty Shillings. 
 
 FOR every Veflel drawing Eleven Feet of Water, Thirty Five Shillings. 
 
 FOR every Veflel drawing Twelve Feet of Water, Forty Shillings. 
 
 FOR every Veflel drawing Twelve Feet and an half of Water, Forty Five 
 Shillings. 
 
 F O R eVery Vefiel drawing Thirteerr Feet of Water, Fifty Shillings. 
 
 FOR every Vifeel drawing Thirteeft Feet and an half of Water, Fifty Five 
 Shillings. 
 
 FOR every Veflel drav/ing Fourteen Feet of Water, Tbfee Pounds. 
 
 FOR every Veflel drawing Fourteen Feet and an half of Water, Three 
 Pounds Five Shillings. 
 
 FOR every Veflel drawing Fifteen Feet of Water, Three Pounds Ten Shillings. 
 
 FOR every Veflel drawing Sixteen Feet of Water, Four Pounds Ten Shillings. 
 
 FOR every Veflfel drawing Seventeen Feet of Water, Five Pounds Five 
 Shillings. 
 
 A N D for piloting a Vefiel from Brunfwick up to the Great-Jflani, one Third 
 Part of the above Rates, according to the Draught of Water of fuch VeflTel re- 
 fpeftively -, and from the faid Great-lfland, over the Flats up to Wilmington, oiie 
 other Third Part of the iliid Rates as aforefaid ; and for piloting each Vefiel out- 
 ward bound, the like Rates fliall and may be taken, for the like Diftances and 
 Draughts of Water refpectively, as are herein before afcertained for Veflfels in- 
 ward-bound. 
 
 i'.rjityfor t.k. ^^^' A N B be it further Enacted, by the Authority aforefaid. That no Pilot 
 ins grciur Fee!, fliall prefumc to take greater Fees than the aforefiid, under the Penalty mentioned 
 in the before-recited Act ; to be recovered and applied as is therein directed. 
 
 IV. AND whereas, in the before- recited Act, it was Enacted, That if any 
 Veflel fliould come over the Bar before a Pilot gets on board the fame, fuch 
 
 Vcfla 
 
I'UWaL.'lil "W-U,.! 
 
 L A JV S of North-Carolina, 367 
 
 .Veffel fhall noc be liable to pa"y above one half Pilotage^ which is found to be ■^- ^- '752- 
 <of very bad Confequence •, Be it therefore Enaoled^ by the Authority aforefaid^ *^ — v — r-' 
 That if any Pilot ihall ufe his utmoil Endeavours and Skill, to get on board a whole f?"" if 
 Veflel before ihe conies over the Bar^ he Ihall be intitled to his whole Fees \ any ^^ '^'"'<^^'''^"" to 
 Thing in the before-recited Ad to the contrary, notwithftanding. tu^ ^"^"^^^^^ 
 
 V. AND U'hereas it has been fireqiiently the Cuftom of Mailers of Veflels or Mift<rrs of Vef- 
 others to fi^nd for a Pilot to carry dov/n a Veflel before they were ready to o-o ^-^'^ f<:n<)ing for 
 down-, Bs it Jhcrefcre Enacted, by the Authority aforefaid. That fuch IWafters of Tr'^eaSyftV''*^ 
 Veflels or others, Ihall maintain fuch Pilot at his own pcoper Expence and Charge, «''*'"-in t^cra. 
 tjntil he be ready. 
 
 VI. A N D be it further Enabled, by the Authority aforefaid^ That each and 
 every Claufe in the bcfore-recitcd Aft^ within the Purview of this A6t, is hereby 
 repealed, and declared null and void, to all Intents and Purpofcs, as if the fam« 
 had never been made. 
 
 Repealing Claufe, 
 
 CHAP. VI. 
 
 An AB, for Dividing Part 0/" Granville, Johnflon, and Bladen Counties^ 
 into a County and Farip^ by .the Name of Orange County, and the Fa- 
 rijh of St. Matthew ; and for appointin% Vejirymenfor the f aid Parijh, 
 
 and other Furpofcs therein mentioned. 
 
 I. T II 7 H E R E A S the Counties of Granville, Johnjion, and Bladen^ are no\^ Private. 
 
 V V btcome ib very cxtenfive, that many of the Inhabitants thereof live 
 very remote from the Places where the Courts of the faid Counties are held ; 
 whereby a great many Difficulties and Hardfliips arife to the upper Inhabitants 
 thereof, not only in attt nding their ordinary Bufin.efs in the faid Courts, but alfo 
 by l^ing compt lied to ferve as Jurymen, and often Times as Evidences, at the 
 iaid Courts : For Remedy whereof, 
 
 II. W E pray that it may be Enaded, And be it Enacted^ by his Excellency 
 Gabriel Johnfton, Efq\ Governor, by and with the Advice and Confent of his Ma- 
 Jejiy's Council, and General AJfembly of this Province, and it is hereby Enacted, by 
 the Authority of the fame, 1 hat the upper Part of Granville, Johnfion, and Bla- 
 den Counties, be eredted into a County and PariHi, by the Name of Orange Coun- 
 ty, and the Parilh of St. Matthew ; and be divided by a Line, beginning on the 
 neareft Part on the Virginia Line to Hico Creek, thence a dired Line to the Bent 
 of Eno River, below the Occanechas, near to the Plantation where John Williams 
 now dwelleth ; thence down the South Side of Eno River, to Neufe River ; thence 
 down 'Neufe River, to the i^IoutK gf Horfe Creek •, thence a direct Line to the 
 Place where Earl GranvilW^ Line croflfes Cape-Fear River ; thence along the 
 faid liine to the Eajtcrn Bounds of Anfon County ; thence along the dividing Line 
 o{ Anfon County, to the End thereof: And that the upper Parts of the faid Coun- 
 ties be divided and run accordingly, by theCommiflloners herein after appointed : 
 And that the faid County and Parifli Ihall enjoy all and every the Privileges which 
 any other County or Parffli in this Province holds or enjoys. • 
 
 III. A N D be it further EnaSfed^ by the Authority aforefaid. That it Ihall arid 
 may be lawful, for the Jufl:ices of the faid County, to lay a Tax on all the Ti- 
 thables in the laid County, not exceeding One Shilling, Proclamation Money, 
 per Annum, for the Ttjrm of Four Y?ars, for running the boundary Lines, and 
 tor building a Court-houfe, Prifon, and Stocks, in the faid County, at fuch 
 Place as the Juftices Ihall agree upon and appoint, at the County Court to be 
 
 A 5 held 
 
L A W S of North-^Carolina. 
 
 
 held 3t the Houfe of John Greys^ on the. Second Tufijday in June ncxn, after the 
 paHing of this Aft, or the then next facceeding Court -, and (hall further divide 
 the faiU County into Diftrifts, and fliajl appoint CommilTioners of the Roads for 
 the fame : Which faid Tax fhail be collected by the Sheriff of the faid County, 
 at fuch Times, and in the fame Manner, as other Taxes are collefted. 
 
 IV. AND be it further Enacted, by the Authority aforefaidi That the Courts 
 of the faid County fliall be held on the Second 'Tuefdays in June^ September^ DC- 
 cemt^eri and March, Yearly. 
 
 V. AN D be it further Enabled, That Alexander Mabin, be, and is hereby 
 appointed Sheriff of tiie faid County of Orange, until the Time prefcribed by 
 I^w for appointing Sherifs for this Province ; and fhall be commiirioned by ins 
 Excellency tne Governor, and vetted with the fame Powers and Authorities as any 
 other Sheriff of any other County in this Province is veiled with. 
 
 VI. AN B be it further Enacted, by the Authority aforefaid. That Alexander 
 Mabin, James IVatfon, Mark Morgan, John Pattifon, Ai:drew Mitchell, T'hcmas 
 Loveletter, Lawrence Bankjlon, James Ellif'>n, IVllliam Bollrng, John Gra;,. , Jchn 
 Pitman, zn^Jofeph late, be, and they areh.reby appointed Vcilrymen of the faid 
 Parifti of St. Matthew, until the General Eledlion of Vcitrymen, according to Law ; 
 and that the faid Veftrymen fhall be fuinmoned> by the Sheriff of the faid Coun- 
 ty» to meet at fuch Time and Place^ as the Majority of the faid Veitrymen ihall 
 appoint i and fhall be qualified as a Veflry, and proceed to Ji'arifh i-ulintfs. 
 
 VII. AN T> be it further Enacted, That all County and Parifn Taxes, al- 
 ready laid on any of the Inhabitants of the fcVc-r.il Counties of Granville, Johnfton, 
 and Bladen, (hall be collcfted by the refpeftive Sherifs of the faid Counties of 
 Granville, Johnjion, and Bladen, and accounted for in the fame Manner as tiio* 
 this A(5t had not been made. 
 
 VIII. A N D to the Erid, that no Aftion commenced in Granville, Johnflon\ 
 and Bladen Counties, be defeated, by the Divifion aforefaid -, Be it Enacnd, by 
 the Authority aforefaid. That where any Aftion is already commenced in any of 
 the faid Counties of Granville, Johnjion, and Bladen, and the Parties or Evi- 
 dences fhall be the Inhabitants of Orange County, all fubfc quent Procefs 3a;ainft 
 fuch Parties or Evidences, fhall be direfted to be executed by the Sherifs of Gran- 
 ville, Johnjion, and Bladen Counties, to the End and final Deterniin:-.tion of the^ 
 faid Caufes ; any Law, Ufage, or Cuflom, to the contrary, notwithflanding. 
 
 IX. A N T> be it further Enacted, by the Authority aforefaid, Thit the 
 faid County of Orange be, and is hereby obliged to fend Jurors to the General 
 Court, ziNewbern; and the Sheriff of the faid County fhall account with the 
 Treafurer of the SouthernV>'AnQ: of this Province, ztNewbern, at th.- Umt Time, 
 and in the fame Manner, as other Sherifs of Counties in the Southern Diflrict a- 
 forefaid are obliged to account. 
 
 X. A ND be it further Enacted, by the Authority aforefaid. That Mr. James 
 Pain, Mr. miliam Pugh, and Mr. James IVatfon, be appointed CommifTioners, 
 an4 are hereby impowered and direfted, to run a dividing Line between the 
 Counties of Granville, Johnjion, Bladen, and Orange, agreeable to the Direftions 
 in this Ad before-mentioned. 
 
 • CHAP. 
 
L A W S of No rth-Carolina. ^69 
 
 CHAP. yii. , ' — ^^-^ 
 
 An ABy for appointing and laying cut a Tcwn at a Place called Black- 
 man'i' Landing, en the Well Side of Cafia River, on a Plantation tie- 
 longing to Joleph Wimberly. 
 
 j-^-^T-f^EREAS many of the Inhabitants of "Bertie County, have peti- ^"^*'*' 
 
 YY tioned for an A<ft for appointing a Town at a Place called blackmim*& 
 Landing, on the fVefi Side of Cajia River, on a Flmtation belonging to Jofepb 
 iVimberiyt and that CommifTioneJ-s may be appointed for laying out the fame : 
 
 li. W E pray it may be Enabled, And he it Ena£led^ hy his Excellency Gabriel 
 Tohnfton, Efq\ GGVcrnoy\ by and tvith the Advice and Confent of his Majejly*s 
 Council, and the General Affemhly of this Province, and hy the AuWortty 0} the 
 fame. That as foon as the irroprittor of the faid Land at the Place called Black- 
 maf/s Landing, fhall acknowledge his Confent and Concurrence, in open Court 
 of the faid County, to have Fifty Acres of Land laid out for a Town, as herein 
 after is-direded, it fhall and may be lawful for 'Thomas ffhiimill, John Hill, and 
 John Hearfi, who are hereby nominated and appointed CommifTioners, with full 
 Power and Authority to lay out Fifty Acres of Land, at the faid i' J ace called 
 J.W/^»7^«'s Landing, for a Town, by the Name o'i tVimberly ; a-nd they, or the 
 major Part of them, are hereby direded and impowtred, to lay out Fitty Acres 
 of Land, at and adjoining the faid Landing, into Lots, of halt an ■ ^icre cach,^ 
 with convenient Streets, and a Place for a Church, and Market. 
 
 IIL AND he it further Enacted, hy the Authority afore faid. That when the 
 Commiflioners aforefaid, or the major Part of them, have Lid out the faid Town 
 in Manner as aforefaid, every Perfon whatfoever who is willing to be an inhabi- 
 tant of the faid Town, fhall have Liberty to take up any Lot or Lots fo laid 
 cut as aforefaid, and not before tal^i^n up •, which Lot or Lots the CommifTioners, 
 or the Majority of them, are hereby impowered and direfted, to grant, convey, 
 and acknowledge, by Deed, to the Perfon or Perfons fo taking up the famCj 
 and his Heirs and Afligns, for ever, in Fee-Simple, upon Payment of Thirty 
 Shillings, Proclamation Monty. 
 
 IVi A N B he it further EncMed, hy the Authority aforefaid, That Mr. Robert 
 Hunter, bci and be is hereby appointed Treaiurer and Receiver of all fuch Sum 
 and Sums of Money v/hich fhall arife by the Sale of the faid Lots, for the Ufe 
 of the faid Jcfeph Wimherly, his Heirs and Afligns •, and on the Death, or De- 
 parture out of the Government of the faid Treafurer, the faid CommifTioners, or 
 the Majority of them, fhall appoint fome other Perfon in the Place of the faid 
 Treafurer. 
 
 V. A N B he it further Enabled, hy the Authority aforefaid. That the Ti-eafurer 
 herein appointed, and every Treafurer that may be hereafter appointed by the 
 Commi/fioners, as aforefaid, fhall give Security, to the County Court, that he 
 (hall and will account and pay in all the Monies he fhall receive by the :iale of all 
 and every the Lot and Lots that fliall be fold in each Year, on the 1 wenty Fifth 
 Day of March, Yearly, to Mr. Jofeph Wimherly, his Heirs or Affigns. 
 
 VI. P ROV I B EB always. That if any Lot or Lots fhall be granted and 
 conveyed by the fiid CommifTioners, to any Perfon or Pcrions whatfoever, who 
 fhall not, within Eighteen Months, build a good, fubflantial, habitable, framed 
 or Brick Houfe, not of lefs Dimenfions than Twenty Feet in Length, and Six- 
 teen ^tzt wide, with a Brick Chimney, fuch Grant or Conveyance fhall be void, 
 and of none Effed, as if the fiime had never been made ; and the CommifTioners 
 
 may 
 
2^jo . LAWS o/' North-Carolina. 
 
 A 
 
 D- 175-' may grant and convey fuch Lot or Lots which ihall not be built on within the 
 
 *^'— v^ — *' Time, and in the Manner as is before directed, to any other Perfon or Perfons 
 
 applying for the fame, and paying the Money for the faid Lot or Lots, as is irt 
 
 this Ait before direfted, for the Ufe of the faid Jcfeph JVimberlyy his Heirs or 
 
 Affigns, as aforefaid. 
 
 CHAP. VIIL 
 
 jin AB^ to explain and amend an A6i^ intitided. An A<5t, for impower- 
 ing the feveral Commiffioners herein after-named, to make, mend, 
 and repair all Roads, Bridges, Cuts, and Water-Courfes, already, laid 
 out, or hereafter to be laid out in the. feveral Counties and Dillrid:* 
 herein after-appointed, in fuch Manner as they judge moil ufeful to 
 the Public. 
 
 I. "TT T H E R E A S feme Doubts have arifen, whether the Commiflloners, 
 VV '^y Virtue of the before-recited Aft, had fufficimt Power to clear any 
 Rivers or Creeks •, the Want whereof hath been greatly detrimental to the Trade 
 and Navigation of this Province : For Remedy whereof, 
 
 II. W E pray it may be Ena6ted, And he it EnaHed, hy his Excellency Gabriel 
 Johnfton, Efp.; Go'vernor, hy and with the Advice and Confent of his Majeftfs 
 Council, and General AJJ'embly of this Province, "end by the Authority of the fame^ 
 That from and after the paffing of this Ad, it fhall and may be lawful for the 
 feveral Commiffioners of the Roads, appointed by Virtue of the before-recited 
 A(fl, to fummon and order the Taxables within their lefpedive Diftricts, or fo 
 many of them as they may think convenient, which by Law oiigh* to work oit 
 the Roads, to clear, and keep clear, any Rivers or Creeks,- within their feveral 
 and refpective Diftricts, in ftlie fame Manner, , anfd under the like Penalties, as 
 they may noWj by Virtue of the before-recited Act, fummon and order any Per- 
 fon or Perfons within their feveral Difbricts to work on the Roads. 
 
 III. PRO FID E D, That the faid CommiHioners ifilie Summons's, giving 
 the taxable Perfons liable to work on the faid Rivers and Creeks, Two Days 
 Notice, to clear the faid Rivers and Creeks, twice every Year, between the laft 
 Day of May, and the firft Day of October, then next following, Yearly, notify- 
 ing, that the faid Taxables Ihall work Three Days, and not longer, at each Time. 
 
 CHAP. IX. 
 
 An ASi, to encourage Caleb Grainger, to build a Bridge over Smith'j Creek^ 
 fiear the Place known by the Name of 'Smith'j Creek Ferry, in New- 
 Hanover County. 
 
 I. "XliT H E R E A S a Bridge over SmitV^ Creek, near the Place v/herj the 
 V V Ferry now is, would be very convenient for Travellers ; and Caleb 
 Grainger being defirous of building one there, at his own Expence, on Condition 
 of having the Benefit thereof for the Space of Twenty Five Years : 
 
 II. 5 £ it Enabled, hy his Excellency Gabriel Johnflon, Efq\ Governor, hy and 
 mth the Advice and Confent of his Majefifs Council, and the General Affembly 
 of this Province, and it is hereby Enacted, by the Authority of the fame. That it fhalt 
 
 — - and 
 
L A ^V S of N O R T H - C A R O L I N A. 371 
 
 and may be,lawful for the faid Caleb Grainger, his Executors, Adminiitrators, or 
 Affio-ns, to'eredt and build a good fubftantial Bridge over Smith\ Creek, as near * 
 as he conveniently can, to the Place where the main Road croiTcth the laid Creek, 
 near the Place commonly called Smith's Creek Ferry ; and after building the laid 
 Brido-e as aforefaid, it Ihall and may be lawful for the faid Caleb Grainger, his 
 Heirs, Executors, Adminiftrators, or Afiigns, to keep a fufficient Gate thereon, 
 and take and receive, from aU'Pcrfons that fliall pafs over the fame, the following 
 Rates ; that is to fay. For every Man and Horfe, Four Pence : For every Car- 
 riao-e, drawn by one or two Horfcs, or Oxen, One Shilling ; and for every Ox 
 or^Horfe more. Four Pence each: And for every Plead of Neat Cattle, One 
 Penny ; and for every Twenty Hogs or bheep. One Shilling, and fo in Propor- 
 tion, for a greater' or leffcr Number of. Hogs or .^heep : i^.nd for all Travellers 
 on Foot, living in the County of Ne'-^- Hanover, Two Pence each, for and during 
 the Space of Twenty Five Years. 
 
 III. A N D ie it further Enabled, by the Authority aforefaid. That after the 
 faid Bridge is fo built and compleated as aforefaid, (provided the faid r^ritge Ihall 
 be fo done within Two Years after the palling of this . &) it (ball not be kwful, 
 durin<?- the Time the faid Bridge fliall be kept in Kepau, and fit for Tr..vdUrs 
 and Carriages to pafs and re pafs over the fame, for an)4 Perfon whatfoevir, to 
 keep any Ferry, . build any Briage, or fet any Perfon or Perfons, Carriage or 
 Carriao-as, Cattle, Hogs, or Sheep, over the faid Creek, for Fee or Reward, 
 within Six Miles of the fame, during the Time aforefaid, under the Penalty of 
 Twenty Shillings, Proclamation Money, for each and every Offence ; to be re- 
 covered, by a Warrant, by the faid Caleb Grainger, his Heirs, Executors, Ad- 
 miniftrators, or Afligns, before any Magiftrate of the County oi New-Hanover; 
 to be applied to the Ufe of the Proprietor of the Bridge built by the laid Caleb 
 Griinger, and during the faid Time, the Right and Property of the faid Bridge is 
 h-v^hy invt^tdi in xhtiixdiCaleb Grainger, his Heirs, Executors, Adminiftrators, 
 or Afligns. 
 
 IV. A N D be it furtber Enabled, hy the Authority aforefaid. That when the a- 
 forefaid Bridge Ihall be built, tfie aforefaid Caleb Grainger, his Heirs, Executors, 
 Adminiftrators, or Afligns, fhall keep the fime in good Order, and fit for paf- 
 fing over, during the atorcfaid Space of Twenty Five Years 5 and Ihall, at the 
 Expiration thereof, leave the fame in like good Order. 
 
 SIGNED by 
 
 Gabriel Johnston, Efq-, Governor. 
 
 Matthew Rowan, Pr.fident. 
 
 Samuel Swann, Speaker: 
 
 A. D. 17; 
 
 >,^ — 
 
 $^ 
 
 T^ ^( 
 
AN ALPHABETICAL 
 
 T A B L 
 
 OF THE 
 TITLES of the fcveral ACTS, 
 
 E 
 
 Page. 
 C T S of AflTembly confir- 
 med, as revifed by the 
 Commrflioners, 308 
 
 . . Actions Limitation of, 7 
 
 Adminiftration, Lctttrs ot, how, and 
 to whom granted, 27, 58 
 
 Agent appointed, 278, 341 
 
 Aid to his Majefty granted, and the 
 Method of paying Taxes, 119 
 
 Anfon County erected, 319 
 
 Appeals and Writs of Error, 6 
 
 Aflembly, General, Members of, their 
 Expcnces defrayed, and their Atten- 
 dance compelled, 272 
 Attorney-General's Salary increafcd, 
 
 330 
 Attorney's Fees taxed, 180 
 
 B. 
 
 Barrels, Gauge of, afcertain'd, 23 
 
 Baih-Town appointed, 31, Common 
 confirm'd, -^6, Inhiicitants exemp- 
 ted from working on Ciie Roads, 1 1 7 
 Town to be fenced, i^c. 208 
 
 Bi^r^ufori Town incorporated, 62 
 
 Beaufort County, Jufcices of, impow- 
 ercd to build Wareiioufcs, 182 
 
 Bertie Precinct credcd, 40 
 
 i)V7-//> Court- houft- erected, ^c. iS^v 
 Bills of Exchange , Damage upon them 
 
 when protclled, 
 Bladen Precinft appointed, 
 Book-Debts, how prov'd. 
 Boats' ^c. not to be taken away, 
 Brunfo)ick. lown^ incouraged. 
 
 Church to be built in it. 
 Burials; private, prohibited, 
 
 C. 
 
 Cattle and Hogs, .ftealing of them pre- 
 venicd, I'i^c^. Not to be driven on 
 other Peopl^.'S Lands, • 24 
 
 Chur-ches eft.iblifhed, Parilhes appoin- 
 ted, and VeHrieseleded, 156 
 Coroners appointed, 2 
 Cor.ftabies p.ppointed, i^i 
 Court-hoiif. s, 6'f. eredtcd, 150 
 Courts and Court houfes fettled, 51 
 Courts of Juftice, and Circuit Courts, 
 elhblifhed,. 224, 304, 324 
 Conveyiinccs of Lands, Goods and 
 Chatties, how to be made, 19 
 •Crdt^<?w County Court alter'd, 344 
 Crinr^inals, Commitment of, 4 
 
 147 
 82 
 
 97 
 141 
 210 
 
 349 
 26 
 
 D. 
 
 Tiavis^ James, Printer, Ad for incou- 
 
 raging of him, 289 
 
 Debtors, Exportation of, prevented, 15 
 
 Ad for Relief of them, 287 
 
 Decree of the Court of Chancery, in 
 
 • Favour of fViUiam Buckinfield, Efq; 
 
 confirmed, . . 
 
 Deeds and Mortgages, Frauds in them 
 
 prevented, j^^ 
 
 Deer, when to be killed, 91, 188 
 
 Buplin County ereded, 317 
 
 Court where to be held, 35 £ 
 
 Duty on Rum imported into Anfon, 34Z 
 
 Duty on Goods, Rum, i^c. ^^^ 
 
 E. 
 Edenton Town-Lands fecured, former 
 Privileges confirmed, and further in- 
 couraged, 103, Commiffioners to 
 finidi the Church, m, Towri-Fencc 
 to be kept in Repair, 203, Ano- 
 ther Gate to be ereded, 1 84 
 Edgcorab County eftablifhed, and the 
 Bounds of Nortbwefi and Society Pa- 
 rifhes afcertain'd, 133. Edgcomb 
 ■ County Line bet ween 2jr^// and 5<?.j«- 
 /ijr/ afcirtained, 137, 261 
 Eledions regulated, 177, Number of 
 
 Members afcertain'd, 223 
 Efcheat Lands, and Efcheatcrs, n 
 Executions, Goods taken upon it, how 
 to be difpos'd, r 
 
 F. * 
 
 Fees, Ad for regulating them, 250 
 Feme Coverts how topafs Lands, 9, 337 
 Fences, what are fufficient, 25 
 
 Ferry from Core-Point tqBath-Town, 1 1 6 
 Fortification on C^/f^-J^^^zr River, iqq 
 
 G. 
 Cr^m-y/Y/^ County ereded, 220, Tax on 
 the Inhabitants, for finifhing the Pub- 
 lic Buildings, 258, County Court 
 removed, 271 
 Grainger, Cakb, impowercd to build a 
 Bridge o ver Smith's Creek, 3 70 
 
 H. 
 Hides, not to be exported, 259 
 
 Biggins, Michael, encouraged to build 
 a Bridge over "Trent, 322 
 
 Horfts and Mares, Breed encouraged, 59 
 Hyde County ereded, 73 
 
 I. 
 Indians, reftrained from molefting the 
 
2 TAB 
 
 white Inhabitants, and their Lands 
 ieciired, 38. Bounds of Meherrin 
 • Indians Lands' fettled," 71. 1'ttjka- 
 rora Indians Lands fettied, 273 
 Intails how to be docked, 291 
 
 Inteftates Eftates, Frauds in them pre- 
 vented, 27, 58 
 InCpe&ors iz Cape- Fear f 331, nt New- 
 
 bern, &c. 364 
 J obnjicn County tvtCt&A, 219 
 
 Johnjion Town, in OtiJloWi eftablilhed. 
 
 Jurymen, Ads concerning them, 263, 
 
 L. 
 
 30^ 
 
 Lands, Acl concerning old Titles, 7, 
 Difputes about Lands already fur- 
 veyed prevented, 9, Abules in tak- 
 ing up Lands prevented, and the 
 Method of furveying, 2, Titles of 
 Perfons who have purchafcd Lands 
 oi Co\. Thomas Cam, confirmed, 41 
 Titles and Bounds of Lands fettled, 
 54, The faid AdputinElxectition, 76 
 LawSjCommiffioncrs to revife and print, 
 them, 241, Additional A6t for 
 it, 283 
 
 Law Books to be provided by the Juf- 
 tices ot ths feveral Counties, 321 
 M. 
 Marriages, Act concerning them, 127 
 Mat( arnu/^eei added toHyde Cotinty, 202 
 Mills, building of them encouraged, 18 
 Militia, Atfls concerning it, 21^, 305 
 Money, Proclamation, emitted, 266 
 
 N. 
 Navigation fiicilitated, 359 
 
 Negroes, Mulattoes, and white Perfons 
 intermarried with them, ^c. additio- 
 nal Tax on them, 56 
 iWwi'^r;^ Town fettled, 61, Church to 
 be built, and the Town regulated, 
 108, CommilTioners to finifh the 
 Church, and receive the Parifh Le- 
 vies, 151, Other CommilTioners to 
 finifh the Church, and impowered to 
 call the former Commi/Tionefs to ac- 
 count, 201, Tovm regulated, Per- 
 fons Titles (ecured, 279 
 New-Hanover Court altered, 266 
 Northampto)! County ereded, 1 75 
 
 O. 
 Ordinaries regulated, and Tippling- 
 Houfcs retrained, lc^^ 
 
 Orphans, i\ 61 concerning them, 30 
 
 Orange County ereded, ^67 
 
 Onpw Prccind eflablifhed , ^ 2 
 
 P. 
 
 Parifnes appointed, in Chow^a^ 50 
 
 in Bert fCf 68 
 
 Parifli Commiflioners appointed, to call 
 
 theChurchwardens,^f.toAccount,68 
 
 Pecacsk, Johfit impowered tg bwiW « 
 
 L E. 
 
 Bridge over ConteHtmyy j4^ 
 
 Pedlars^lioenfed, 355 
 
 Peterfon, Johannah, impowered to fell 
 
 intail'd Lands, and to make othef 
 
 Provifion for the Heir, ^o 
 
 Pilotage at Cape-Fear regulated, 33^ 
 
 at Newbern^ Bath, znd Edenton ^66, 
 Precinds made Counties, S6 
 
 Port A(St repealed, iqq 
 
 Public Buildings, Lots in Newbern con.^ 
 
 firm'd for them, ^44 
 
 R. 
 Regifters, Public, appointed, 19. Ad 
 
 for Relief of Perfons who have not 
 
 regiftcred their Deeds, i ^^ 
 Roads, Ads concerning them, 80 
 
 190, 345 
 Roads and Ferries, Ad concerning 
 
 them, jtl 
 
 Road trom Core-Point to Newbern^^jA 
 • From Bewiet's Creek, to Virginia^ 
 
 131, From Edsnton, to Pe^uimons 
 
 Court-houfe, 184 
 Roads in Johnjion County, 04.6 
 
 Roads in Bladen County, oc^ 
 
 Rcnt-Roil, Ads concerning it, 275,285 
 
 s. "' 
 
 Sherifs; Ads concerning them, S6 
 
 95* 187 
 Servants and ' Slaves, Ad concerning 
 them, i5j 
 
 Seat of Government fettled, 224 
 
 Statutes of £«^7^?^(3 inforced here, 203 
 Sunday to be kept holy, 1^2 
 
 1. 
 Taxables, Ads concertiing them, 1x9, 
 180, 320, 327 
 Toll-Books, Ads concerning them, 24, 
 
 48, 74 
 Towns cflabliflied in Hyde Countyy 02 
 in Northampton, 323, in Bertte, ^6^ 
 Treafurers to account, 39, 48, 74 
 
 Treafurers appointed, 247,306,340,362 
 Tryal of fmall and mean Caufes, 145 
 Tyrei Precind eredcd, 73, Juftices im- 
 powered to build « Warehoufe on 
 Scop'emongs, 118, Bounds between 
 Tyrel and Beaufort afccrtain'd, 1 3 7, 
 261 
 
 U. 
 Vermin to be dtftroyed, a6i 
 
 Vcffcls to be entered, ic 
 
 Veilrics, how to be eleded, 156, 35* 
 Ufury, excefHve, retrained, 138 
 
 vv^ 
 
 Weights and Meafurcsreguktcd, 148 
 Wills how proved, 27, $S 
 
 //•7/;»/«^/o/) eflablifhed, 99, iij, zqi. 
 Church IQ be buik in i;, ^48. 
 
r^